Minutes1984FIRST MEETING
SPECIAL MEETING
Council Chambers
January 4, 1984
Council met on Wednesday, January 4th, 1984 at 7:30 p.m. for the purpose
of considering filling the vacancy in the office of Mayor. All members of
Council. were present.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr,
that Alderman Cheesman be Presiding Officer. Carried Unanimousl ~
APPRECIATION & GOOD WISHES - FORMER MAYOR WAYNE THOMSON
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings,
that a letter of appreciation, and good wishes for the future, be forwarded to
former Mayor Wayne Thomson. Carried Unanimously.
FILLING VACANCY IN OFFICE OF MAYOR
The City Clerk advised that the meeting had been called to consider the
filling of a vacancy in the office of Mayor as provided under the provisions
of Section 45 of the Municipal Act, since former Mayor Wayne Thomson's
resignation became effective on December 31st, 1983. He reviewed the ~
following options respecting the filling of the vacancy:
1) To appoint a member of the existing Council to the office Of Mayor to
complete the term left vacant by the resignation of former Mayor Wayne
Thomson. He or she must be a member of Council. Hdwever, the vacancy
created by the appointment may be filled by appoint%ng the Aldermanic
runnerup in the last election, or any eligible person.
2) To pass a by-law this evening to require that an elec.tion be held to fill
the vacancy for Mayor.
Any eligible citizen may be nominated for the 6ffice of Mayor. However,
if any persons presently holding elected office wish to become a candidate,
they must first file their resignation from their present office wi~h the
Clerk prior to Nomination Day. The nomination period ha~ been set for
February 2nd to 6th;' Nomination Day is February 6th; and Election Day is
Monday, February 27th, 1984.
3) If Option #2 is selected, it Would be necessary, this evening, to appoint
a member of Council. as Acting Mayor until the election process is complete
and the new Mayor .is sworn in.
A lengthy discussion followed regarding the desire of the majority of
residents in the area fo~ an election. In reply to questions raised, the City
Clerk advised that under the Municipal Act there is no provision for the
appointment of any person other than a member of Council to fill the vacancy.
The Chief Administrative Officer reviewed Section 73 of the Municipal Act
with respect to the duties of a~Mayor. He further referred to the duties of
the Chief Administrative Officer. It was generally agreed that 'the ~le~tor~
were entitled to select a new Mayor.
Alderman Puttick discussed the roles of a full time Mayor, Chief
Administrative Officer, and staff, as well as delegation of work, and suggested
a reduction in the Mayor's salary with adjustment to be dependent upon work
effort. He was in favour of Option number 1, the appointment of a member of the
existing Council to the office of Mayor.
Following further discussion, it was moved by Alderman Kerrio, seconded by
Alderman Orr, that Option number 2, to pass a by-law this evening to. require
that an eleciion be held to fill the vacancy for. Mayor, be adopted. The motion
Carried with the following vote:
AYE: ~ldermen Baker, Covillel Cummings, Hinsperger, Janvary, Keighan, Kerrio,
Merrett, Orr, and Somerville.
NAYE: Alderman Puttick.
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BY-LAW
ORDERED on the motion of Alderman Cunnings, seconded by Alderman Hinsperger,
that leave be granted to introduce the following by-law and the by-law be
read a first time:
No. 84-1 - A by-law to authorize an election for Mayor of the City of Niagara
Falls.
The motion Carried with Alderman Puttick voting contrary, and all others voting
in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the following by-law be now read a second and third time:
No. 84-1 - A by-law to authorize an election for Mayor of the City of Niagara
Falls.
Ihe motion Carried with Alderman Puttick voting contrary, and all others voting
in favour.
IN!ERIM ~YOR
The Chief ~dministrative Officer replied to questions raised with respect
to the responsibilities of an interim Mayor. He advised that the Acting Mayor
would be expected to assume all the responsibilities of the Mayor, and would
have all the powers of the Mayor.
A discussion was held concerning the desirability of having an Acting Mayor
who would not be a candidate in the election of a Mayor. he increased
obligations of the office, as well as the need for the cooperation of Council
and staff were discussed. Aldermen Cummings, and Puttick, indicated that they
would not be candidates for the office of Mayor.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Merrett, that
Alderman Cunnings be appointed as A~ting Mayor until the election process is
complete. Carried Unanimously_____~.
BY-LAW
ORDERED on the motion of Alderman Keighan, seconded by Alderman Merrett, that
leave be granted to introduce the following by-law and the by-law be read a
first time:
No. 84-2 - A by-law to appoint Patrick Cummings Acting Mayor.
Carried bhan~
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coville, that
the following by-law be now read a second and third time:
No. 84-2 - A by-law to appoint Patrick C~m~nings Acting Mayor.
Carried Unanimously.
NEW BUSINESS
REMUNERATION FOR ACTING MAYOR PATRICK CUMMINGS
Alderman Puttick initiated a discussion regarding the remuneration to be
received by His Worship, Acting Mayor Patrick Cummings.
ORDERED on the motion of Alderman Orr, seconded by Alderman Keighan, that the
matter of remuneration for the ACting Hayor he tabled until further information
is available. Carr._~ied Unanimousl_j~
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CONTRIBUIIONS & ELECilON LKPENSES OF CANDIDAIES
Alderman Baker discussed the lack of legislation in the City of Niagara
Falls requiring candidates to submit statements of election contributions
and e~enses.
ORDERED on the motion of Alderman Baker, seconded by Alderman Kerrio, that
a by-law be prepared for discussion at the next meeting of City Council,
requiring full financial disclosure of election contributions and expenses.
Carried Unanimously.
MESSAGES OF CONDOLENCE
ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett,
that messages of condolence be forwarded to the families of the late
bk. George Sexsmith, ~ks. Joanne Stokes, and b~. Ihomas LaFlam~e.
Carried Unanimously____.~.
It was moved by Alderman Puttick, seconded by Alderman Orr, that the
meeting adjourn. Carried Unanimously.
D OPTED,
ALDER~t~N CHARLES CHEESMA~N
PRESIDING OFFICER
SECOND MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
January 9, 1984
Council met on Monday, January 9th, 1984 at 6:50 p.m. in Committee of the
Whole. All members of Council were present with the exception of Alderman
Kerrio. Alderman Somerville presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose to report in open Council.
READ AND~ADO~TED,
ACTING MAYOR/~CKCUMMINGS
J./,w'/~ . PLANNING/REGULAR MEETING
Council Chambers
January 9, 1984
Council met on Monday, January 9th, 1984 at 7:30 p.m. for the 'purpose of
considering Planning Matters and general business. All members of Council
were present with the exception of Alderman Kerrio. His Worship Acting Mayor
Patrick Cummings presided as Chairman. Alderman Somerville offered the
Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that
the minutes of the meeting held December 19th, 1983, be adopted as printed.
Carried Unanimously.
REPORTS - PLANNING MATTERS
No. 1 - (PD/98/83) - Chief Administrative Officer - Re: AM-6/83- Zoning
Amendment application - Stamford Presbyterian Church, Applicant. The report
reco~nends that Council approve the application~ subject to Site Plan Control.
The City Clerk advised that the proposed zoning amendment would:
1) Redesignate as I (Institutional) and numbered 99, Lots 14, 15, 16, 29 and
30, according To R.P. 1328, now designated I as to part and R.I.C. as to
remainder;
2) Permit the erection and use of an addition onto the southerly side of the
existing church building closer to the southerly boundary of lands than
5 metres, but not less than 5 metres;
3) Require the owner to provide 64 parking spaces in respect to the proposed
additions to the existing church;
4) Provide for additional parking when any expansion of the Christian
Education wing is proposed;
5) The placing of these lands under Site Plan Control~
The Clerk advised that the Public Meeting Notice had been mailed to
interested persons on December 5th, 1983.
His Worship Acting Mayor Cummings advised that any person wishing to receive
further notice of the passage of the zoning by-law amendment should leave their
names and addresses with the Clerk prior to leaving the meeting. He reviewed
the procedure for the Public Meeting..
The Senior Planner advised that the proposal involves an amendment to the
current zoning for property owned by the Stamford Presbyterian Church with
special zoning considerations which would permit an enlargement of the existing
church, a future addition to a Christian Education wing~ and establish
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minimum parking requirements to be provided for both additions. He referred
~to posted sketches and advised that parking is to be provided on the church
lands, and at the rear of two homes presently owned by the church which face
St. Paul Avenue. The Senior Planner further advised that additional parking
would be provided with the removal of one or both of these homes in the future.
He stated that there was still one outstanding objection to the applicalion.
Acting Mayor Cummings requested persons in support of the by-law to speak.
He received no response.
Mr. Brian Sinclair, Solicitor, acting on behalf of Ted and Sharon Armstrong
who are opposing the application, and are owners of adjacent property, reviewed
their objections. He advised that the proposed parking area would add a
"tremendous amount of paving next to their property", cause traffic congestion,
and reduce the value of theSr property. Mr. Sinclair further advised that his
clients had purchased the property with the intention of building on it, but
have delayed doing so because of the proposed amendment. He suggested a 30'
buffer zone to reduce visibility of the parking area.
His Worship Acting Mayor Cummings received no response to a request for
comments from others opposed to the application, nor to a request'for~questions
from. persons present with respect to clarification of the proposed by-law.
'Mr. Brian Watkinson, architect representing the church, advised that he
had prepared the drawings and background report. He discussed the purpose
of the application, the suggested visual screen in lieu of ~ buffer zone, and
the attempt to alleviate traffic congestion at the church site.
Mr. Ashley Gnys, Solicitor for the church, reviewed the anticipated
problems; the suggested privacy screen which, he stated, would provide an
aesthetic improvement over the present site; the improvement in traffic flow
with increased parking space; and advised that some adjoining owners welcomed
the proposed parking changes.
Alderman Orr declared a conflict of interest since a relative is one of
the adjacent owners.
A discussion followed regarding the visual screen and size of the buffer
zone, the proposed amendment's influence on land value, planned parking area,
and the possibility of a compromise.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Coville, that
the matter be tabled to allow time for interested parties to negotiate and
resolve the issue. The motion was Defeated with Alderman Orr abstaining on a
conflict of interest previously recorded, and the.following vote:
AYE: Aldermen Cheesman, and Coville.
NAYE: Alderman Baker, Hinsperger~ Janvary, K~ighan, Merrett, Puttick, and
Somerville.
Following further discussion, it was moved by Alderman Keighan, seconded by
Alderman Puttick, that the application be approved subject to Site Plan Control.
Tn, motion Carried with Alderman Orr abstaining from the vote as previously
recorded, and the following vote:
AYE: Aldermen Baker, Chessman, Hinsperge%, Janvary, Keighan, Merrett~ Puttick
and Somerville.
NAYE: Alderman Coville.
· ' See By-laws No. 84-3,
and No. 84-4.
No. 2 - (PD/99/83) - Chief Administrative Offfcer - Re: AM-18/83 - Zoning
Amendment application - p., p. & p. Hotels Ltd., Applicant. The report
recommends that the application be approved and that staff be directed to
prepare an amending by-law for Council's approval.
The City Clerk advised that the proposed zoning 'amendment would:
1) Red,signets two separate parcels of land. The first known as 5677 Victoria
Avenue and being a through lot to Ellen Avenue· This lot would be designate
as TC (Tourist Commercial and numbered)· The second lot municipally known.
as 5601 Ellen Avenue would be designated as P (Parking and numbered);
2) Permit the erection of a 9 unit motel.onto an existing hotel having a
frontage less than the required 40 metres but not less than 12 metres;
3) Permit the erection of a motel closer to the front lot line than '3
metres but not less than~l.5 metres;
~) Provide that parking required for the development would be permitted to
be recognized on a separate and detached lot;
5) Provide that the parking to be provided as prescribed by the by-law be
provided for and maintained on the lands designated TC and numbered, and
P and numbered.
The Clerk advised that the Public Meeting Notice had been mailed to
interested persons on December 5th, 1983.
His Worship Acting Mayor Cummings advised.tha~gany person wishing to receive
further notice of the passing of the zoning by-law amendment should leave their
names and addresses with the Clerk prior to leaving the meeting.
The Senior Planner advised that the proposal involves an amendment to the
current zoning of two parcels of property, one being the existing Parisi Inn
Hotel development, and the other located on the northwest side of Ellen Avenue,
being approximately 50 feet away from the first site described. It is currently
vacant and is municipally known as 5601 Ellen Avenue. A future 9 unit Motel
addition to the existing hotel and required parking, which is to be prov{ded
for on an independent and separate parcel of land, necessitates several zoning
considerations. He demonstrated .on posted sketches. The Senior Planner
explained that the zoning requires special consideration to frontage, front
yard depth and required parking location relating to the site development.
He further advised that the applicant had indicated that he would be willing
to reduce the restaurant se3ting facilities, or cash in. lieu of parking.
His Worship Acting Mayor Cummings invited comments from persons other than
the applicant in support of. the by-law, those opposed to the by-law, and
a representative of the.developer. A response was not received.
A discussion foliow~d .regarding the.application, and the lack of response
from interested parties.
ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the
matter be tabled unti~ the next Planning meeting~ The motion Carried with
the following vote:
AYE: Aldermen Baker, Cov~lle, Hinsperger, Janvary, Merrett, Orr, and
Somerville.
NAYE: Aldermen Cheesman, Keighan, 'and Puttick.
No. 3 - (PD/1/84) - Chief Administrative Officer - Re: Queen Street/River Road
Entrance, Landscaping and Road changes. The report recommends:
1) That Council authorize staff to proceed immediately with the demolition
of the former Venetian Glass building now owned by the City;
2) That the site then~ be cleared, levelled and made reasonably attractive
by temporary landscaping sufficient to cover the period until the road
works (underground services and roadconstruction) are able to be'
commenced;
3) That the road changes, road widening and closing of Cataract Avenue be
advertised immediately in accordance with required legal procedures;
.(a) Advertising for 4(four) consecutive, weeks, and
(b) Public hearing to be held by Council at the conclusion of the four
public notices to hear from any objectors and to consider alternatives
from both affected property owners or staff.
4) That an amount of $110,000 be considered for inclusion in the 1984 Budget
for fhe completion of the landscaping of the first block on Queen 'Street
between River Road and Zimmerman.
Following a brief discussion it was moved by Alderman Puttick, seconded
by Alderman Merrett that the report be received and adopted.
Carried. ~nanimously_a
No. 4 -. (PD2/84) - Chief Administrative Officer - Re: Downtown Revitalization
Concept for C.A.I.P. Application. The report 'recommends that staff be directed
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to proceed with the preparation of an application for C.A.I.P. funding based
on the downtown improvement projects described in this report.
ORDERED on the motion of Alderman Orr, seconded by Alderman Somerville, that
the report be received and adopted. Carried Unanimously.
No. 5 - (PD/3/S4) - Chief Administrative Officer - Re: Article - Civic Public
Works - Covered Arenas & Shopping Malls. The ruport recommends that the
information contained therein, and advises that a further report will follow.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the
report be received and filed. Carried Unanimously..
REGULAR MEETING
DEPUTATION
POLITICAL CONTRIBUTIONS - MR. PETER SOBO~
The Chief Administrative Officer advised that Mr. Sobol had contacted his
office to advise that in view of Council's action in requesting that a by-law
be prepared regarding political contributions, it was unnecessary for him to
appear.
UNFINISHED BUSINESS,
CONSIDERATION OF SALARY FOR ACTING MAYOR - AND -
TWO COFR4UNICATIONS FROM ·ACTING MAYOR PATRICK CU}9~INGS
Communication No. 1 - Acting Mayor Cummings - Re: Work time. The communication
advises that a "flexible" leave of absence has been granted Acting Mayor Cumming~
in order that new responsibilities might be met, and appointments arranged. He
expresses appreciation to members of Council and Acres Consulting Services
Limited.
Communication No. 2 - Acting Mayor Cummings - Re: Remuneration. The
communication suggests that Council authorize payment to Acting Mayor Cummings
of one-half the normal mayoralty salary, and further, that any savings
accruing as a result of the adoption of the suggestion be donated to the
Co-ordinated Emergency Services, on behalf of the ratepayers of the City of
Niagara Falls.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the
matter be tabled pending further information. The motion was Defeated with
the following vote:
AYE: Aldermen Orr, and Puttick.
NAYE: Aldermen Baker, Cheesman, Coville~', Hinsperger, Janvary, Keighan, Merrett,
and Somerville.
A discussion followed with regard to hours of work, responsibilities and
obligations, as well as the generosity of the offer by Acting Mayor Cummings.
It was suggested that the matter might be discussed in Committee of the Whole.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Merrett, that
the communications be received and the suggestions be adopted. The motion
Carried with the following vote:
AYE: Aldermen Baker, Coville, Janvary, Keighan, Merrett, and Somerville.
NAYE: Alderman Cheesman, Minsperger, Orr, and Putt~ck.
CO~94UNICATIONS
No. 3 - Niagara Peninsula Conservation Authority - Re: Interim Watershed Plan.
The communication advises that the tabloid sum~nary is still unavailable, and
attaches the Authority's Interim Watershed Plant and suggests a meeting.
- AND -
No. 4 - Niagara .Peninsula Conservation Authority - Re: Authority's Interim
Watershed Plan tabloid. The communication attaches copies, of the tabloid for
distribution.
ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that
the communications be received and referred to Staff .for comments.
Carried .Unanimously..
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No. 5 - F.C.M. - Re: Amendments t6 Criminal Code on Street Solicitation. The
communication advises that the Federal Gover~ent does not consider the street
solicitation issue to be of national significance, and does not contemplate
Criminal Code amendments.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Merrett, that
the communication be referred to the City Solicitor for comment.
Carried Unanimously.
No. 6 - F.C.M. - Re: Canadian Infrastructure Task Force. The communication
advises that the maintenance of the municipal infrastructure has begun to fall
into disrepair in many parts of Canada, and attaches a questionnaire to be
completed for analysis, and to assist in dealing with the problems.
ORDERED on the motion of Alderman Kelghan, seconded by Alderman Hinsperger,
that the cdmmunication be referred to the Municipal Works Department for
completion of the questionnaire. Carried Unanimously.
No. 7 - Niagara S~mphony Association - Re: Symphony Season Programme. The
communications solicits assistance from the City in the form of advertising.
ORDERED on the motion of A~d%rman Orr, seconded by Alderman Hinsperger, that
the communication be received and referred to the Finance. Committee for
consideration. Carried Unanimously.
No. 8 - Regional Municipality of Niagara - Re: 1984 Water Rates. The
communication encloses copies of By-law 3506-83 entitled "A By-law to Fix
the Rates to be Charged for Wager Supplied to'Area ·Municipalities During the
Year 1984" a~d requests notification of council and. administrative .staff. It
further advises regarding arrangements for invoicing.
ORDERED on the motion of Alderman Somerville, seconded by Alderman Baker, that
the communication be received and filed. Carried Unanimously.
No. 9 - Regional Municipality of Niagara - Re: '1984 Sewage Rates. The
communication attaches copies .of By-law 3507-83 regarding rates charged for
sewage, requests Council and staff be advised of' the'1984'r~tes, and of the
arrangements for invoicing..
Alderman Keighan discussed a written presentation·which had been previously
submitted~ and which 'refers to the Regional Municipality of Niagara Act with
regard to the imposition of s%wage rat~s. He noted that the Act states a rate
"sufficient to pay the Regional expenditures related to the capital cost of
sewage works and a sewage service rate sufficient to pay the annual cost of
maintenance and operation thereof". Alderman Keighan suggested that the
surplus payment might be put into a fund to benefit area municipalities.
During the discussion that followed regarding the consideration of this
matter in 1983, the Chief Administrative Officer stated that he would
investigate and report back to Council with respect to the action taken
previously.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Orr, that
the matter be referred to the City Solicitor for an interpretation of the
Regional Act as it relates to_~ewage rates and municipal over-payments,
information regarding whether the interpretation is detrimental to the
municipalities, and the p~ssibility of an amendment.
Carried Unanimously.
No. 10 - Regional Municipality of Niagara - Re: Water & Sewer Flows by
Municipality, Monthly Report for November 1983. The communication attaches
the subject report for the information of Council.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Somerville,
that the communication be received and filed. Carried Unanimously.
No. 11 - Social Plannin$ Council - Re: Single Parent Family Study Group.
The communication attaches a copy of the report prepared'by the ad hoc Single
Parent Family Study Group for information.
Mrs. Pam Hooper, Chairman of the Committee, advised that the purpose of
the study was to 'investigate the needs of Single Parent Families in the
community. She further advised that Committee had found the problem areas
were housing and financial, and that if the finances improved, the families
could cope. 'A further problem was after school care for children, and this
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was being addressed with the Boys and Girls Club.
ORDERED on the motion of Alderman Coville, seconded by Alderman
Cheesman, that the co~anunication be received and filed, and a letter of
appreciation be forwarded to the Social Planning Council.
communication requests Council to establish a drinking-driving committee
in the community- During the discussion that followed, it was noted that
the Against Drunk Driving (A.D.D.) Committee had recently been established
in Niagara Fails-
ORDERED on the motion of Alderman Keighan, seconded by Alderman Cheesman,
that the A.D.D. be contacted with regard to the communication from the
Attorney General, and report back to Council. Carried Una~
No. 13(a)Rainbow II '84 Multiple District "A" Convention - Re: June 1984
Convention. The communication requests a Parade Permit for Saturday,
June 2nd, 1984.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Merrett, that
the request be approved in principle, and referred to Staff to co-ordinate-
Carried Unanimously-
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No. 13(b)Lions International Multiple District "A" Convention Rainbow II
Re: Banners. The communication requests permissiOn to have two banners
placed on Niagara Falls Arena during convention from May 31 to June 3, 1984.
ORDERED on the motion of Alderman Coville, seconded by Alderman Somerville,
that the request be approved. Carried Unanimously-
No. 14 - Niagara Falls Big Sister Association - Re: "Big Sister Week" -
February llth to 28th, 1984. The communication requests a proclamation for
Big Sister Week.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Keighan, that
the request he approved subject to established policy. Carried Unanimously-
No. 15 - City of St. Catharines - Re: Niagara's Great Cold Turkey Challenge-
The communication refers to the Non-Smoking Campaign during January 1984,
and challenges this municipality. %he Personnel Director advised Council of
actions taken to participate in the Great Cold Turkey Challenge.
0RDERBD on the motion of Alderman Merrett, seconded by Alderman Coville, that
the comnunication be received and the challenge adopted. The motion Carried
with the following vote:
AYE: Aldermen ~aker, Cheesman, Coville~ Hinsperger, Janvary, Keighan, Merrett
Puttick, and Somerville. ~
NAYE: Alderman Orr.
No. 16 - Gar S. Ka , Q.C. - Re: Oscar & Raffaela Maids - Committee of
~ktjustment Application, Appeal of Decision by Ed Weisz. The cor~nunication
relates concerns regarding the construction taking place at 3521 Portage
R~ad and requests assurance regarding the matter.
ORDERED on the motion of Alderman Keighan, seconded by Alderma~ Orr, that the
communication he referred to Staff for an appcopriate reply.
Carried Unanimously.
No. 17 - Against Drunk Driving- Re: "Drunk Driving Week" -
December 9th to 15th, 1984. The communication requests a proclamation.
ORDERED on the motion of Alderman Hinsperger, seconded hy Alderman Orr, that
the request be approved subj, eot to. established, policy. Carried Unanim~
REPORTS
No. 6 - Chief Administrative Officer - Re: By-law to regulate Election
Contribu~ions and requiring the reperting of expenses and contributions. The
report recommends that Council review the above noted b~-law appearing on this
eveniag's a~enda and de,ermine if it wishes tO pass the same. The City
Solicitor discussed the legislatio~ and informatio~ contained in the by-law.
H~ discusse~ "tonflict of interest" as applyin8 o~ly to Municipal CounciLlors.
ORDERED on the motion of Alderman Baker, seconded by Aide=man Orr, that the
report be received and adegte~. Carried Unanimousl .
See B -law No- 84-10.
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NO. 7 - Chief Administrative Officer - Re: Disposal of Laneway on Registered
Plan 195 of the former Township of Stamford. The report recommends the
following:
1) That Couacil pass the by-law appearing on to-night's agenda to authorize
an application under the Registry Act for the closing of the lane shown
on Registered Plan 195 for the former Township of Stamford, now in the
City of Niagara Palls; and
2) That Council pass the resolution appearing on to-night's agenda requesting
the Minister of }~nicipal Affairs and Housing to consent to an Order being
made amending Plan 195 for the former Township of Stamford by permanently
closing the lane as shown on the said plan.
ORDERED on the motion of Alderman Keighan, seconded hy Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See Resolution No. i.
See B_~-law No. 84-7.
No. 8 - Chief Administrative Officer ~ Re: C.R.C.A. Grant - Palmer Park.
The report recommends that the $27,500 grant for the purchase of Palmer Park
from the Ministry of Tourism and Recreation be credited to the Park and Pubiic
Recreation Special Account.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 9 - Chief Administrative Officer - Re: Proposed Organizational Adjustments.
The report recommends that the attached organizational chart of the Recreation
Department be adopted and that approval be given for the implementation of the
proposed changes.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 10 - Chief Administrative Officer - Re: 1984 Short Term Borrowing for
Current Purposes. The report recommends that Council pass the by-law on this
evening's agenda to authorize temporary borrowing until the 1984 taxes have
been levied and collected. A discussion followed regarding the possibility
of establishing a policy of more frequest tax payments with reduced amounts
based on the previous year's taxes. It was suggested that such a policy would
lessen the need to borrow. The City Treasurer advised that the ideal would be
to have 12 equal payments, which would organize the cash flow with no need to
borrow. He explained the current procedure and the possible delay in interim
billing in 1984.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger that
the report he received and adopted, and the matter referred to the Finance
Committee for consideration. Carried Unanimously.
SeeBy-law No. 84-9.
No. 11 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends payment of the accounts in the aggregate amount of $1,677,721.66
for the 3 week period ending Jamuary 9th, 1984.
Alderman Cheesman declared a conflict of interest on Cheque No. 22761
-since a member of the family is employed with the organization.
Acting Mayor Cummings declared a conflict of interest on Cheque No. 22073
because a member of the family ia involved in the program.
Alderman Hinsperger declared a conflict of interest on Cheques No. 22042
and 22695 because he is employed with the company.
Alderman Janvary declared a conflict of interest on Cheque No. 22689
since a family member is working with the organization.
Additional information was provided on Cheques No. 22085, 22591, 22598,
22688, 22693, 22718, and 22720. A report was requested with regard to Cheque
No. 22082.
ORDERED on the motion of Alderman Somerville, seconded by Alderman Orr, that
the report be received and adopted. The motion Carried with Acting Mayor
Cunnings, and Aldermen Cheesman, Ninsperger, and Janvary abstaining from the
vote on conflicts of interest previously recorded, and all others voting in
favour.
-8 -
· ~C~ice~ - Re' Ontario Hydro - Licence Agreement.
ief Administrative u~ ~ . '~ ~ a~reement with Ontario
No. 1~ - ~riec~rr~nends that C--~cil enter ln~O a ........ Plan 1, for the
The r pot
Hydro for the use o£ lands knoWn as "J- Cun~nings" Lot, Reg.
purpose of a municipal parking facility.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the
report be received and adopted, carri~ed. Una~im°usl~'
officer Re: Crysler Place Apartments,
No. 13 - Chief Administrative -
4692 Crys~er Avenue. The report '~co~m~ends that Council authorize an amount
of $2,125 collected under the provisions of By-law 73-267 be applied as a
credit on the outstanding Accounts Receivable #1301 subject to the receipt of
$6,732 from Mr. Wm. Slovak not later than April 2, 1984.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the report be received and adopted. Ca__rried Unanimously.
RESOLUTIONS
_ CHEESMAN - BAKER - RESOLVED that pursuant to subsection 3 of section 82
No. 1 R~.A. 1980, Chapter 445, the Minister of Municipal Affairs
of the
and Housing be requested to consent to an Order being made araending the plan of
subdivision registered in the Land Registry Office for the Registry Division of
the County of Welland, now Niagara South, on the 4th day of May, 1955 as Plan
No. 195 for the former Township of Stamford by permanently closing the lane as
shown on the said plan; AND the Seal of the Corporation be hereto affixed.
Carried Unanimousl~ ·
No. 2 - HINSPERGER - COVILLE - RESOLVED that W~EREAS the demand made to the
Buildings and Inspections Department of the City of Niagara Falls for the
provision of letters confirming compliance to zoning regulations and building
regulations has resulted in increased staff time; and
WHEREAS the present charge being made for this service is inadequate;
NOW THEREFORE BE IT RESOLVED that the Buildings and Inspections Department of
the City of Niagara Falls be authorized to charge a fee of Forty Dollars
($40.00) for providing written confirmation as to the zoning of properties
and any work orders that may be outstanding against the premises at the time
of land transactions and/or the obtaining of mortgages; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously..
No. 3 - MERRETT - BAKER o RESOLVED that WHEREAS the demand made to the
Buildings and Inspections Department of the City of Niagara Falls for the
provision of letters confirming compliance to the Plumbing Code in order for
the oWner to obtain a Liquor Licence Board of Ontario licence or for the
selling of properties and no plumbing permit is required has resulted in
increased staff time; and
WHEREAS there is presently no charge for this service;
NOW THEREFORE BE IT RESOLVED that the Buildings and Inspections Department
of the City of Niagara Falls be authorized to charge a fee of Thirty Dollars
($30.00) for providing written confirmation as to compliance with the Plumbing
Code for the obtaining of a Liquor Licence Board of Ontario licence or for the
selling of properties and no plumbing permit is required; AND the seal of the
Corporation be hereto affixed.
REPORT
No. 14 - Chief Administrative Officer - Re: Appointments to Boards, CommtseiOnS
& Committees. The report recommends that Council consider the necessary
appointments to various boards, commissione and committees, the terms of which
expired at the end of 1983, and that the appotntmente be confirmed by By-law
at the meetin$ to be held on January lfith, 1984.
Nia~ar~ Falls Public Library Board - It wee moved by Alderman Merrett, seconded
by Alderman Janvary, that Mr. George Bailey be appointed to the Niagara Falls
Public Library Board for the 1984-85-86 term. The motion Carried ~ith the
following vote:
-9 -
AYE: Aldermen Baker, Cheesman, Hinsperger, Janvary, Keighan, and Merrett.
NAYE: Aldermen Coville, Orr, Puttick, and Somerville.
ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that
Mr. David L. Brown be appointed for a one year term on the Board. The motion
was Defeated with the following vote:
AYE: Aldermen Baker, Coville, Minsperger, Orr, and Merrett.
NAYE: Acting Mayor Cummings, and Aldermen Cheesman, Janvary, Keighan, Puttick,
and Somerville.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Keighan, that
Mr. Harry Rustige be appointed to the Board for the year 1984. The motion
Carried with the following vote:
AYE: Acting Mayor Comings, and Aldermen Cheesmau, Janvary, Keighan, Puttick,
and Somerville.
NAYE: Aldermen Baker, Coville, Hinsperger, Orr, and Merrett.
Property Standards Committee - It was moved by Alderman Keighan, seconded by
Alderman Hinsperger, that Mr. Guy Prata he appointed for a 1984-85-86 term.
Carried Unanimously-
Niagara District Airport Commission - It was moved by Alderman Orr, seconded.
by Alderman Baker, that Mr. Jack Merrett and Mr. Harry Schisler be appointe~
to the Cormmission for the year 1984. Carried Unanimoqsly~ ~
ORDERED on the motion of Alderman Keighan, seconded by Alderman Orr, that
Aldermen Baker, Coville and Merrett be appointed tO the Commission for the
year 1984. Carried Unanimously..
Greater Niagara Transit Commission - It was moved by Alderman Keighan, seconded
by Alderman Hinsperger, that Mr. Hugh Hart, and Mr. William R. Sootheran be
appointed to the Commission for 1984-85. The motion Carried with the following
vote:
AYE: Aldermen Baker, Ch~esman, C~ille, Hinsperger,.JanvgYY, Keighan, Merrett,
Puttick, and Somerville.
NAYE: Alderman Orr.
The Chief Administrative Officer advised that the by-law that appointed
Acting Mayor Cummings, provides the authority to act for former Mayor Wayne
Thomeon on the Commission.
Niagara Falls Community Centres Board - It was moved by Alderman Cheesman,
seconded by Alderman Keighan, that all members'of Council be appointed to
the Board for the year 1984. Carried Unanimously.
Niagara Frontier Humane Society - It was moved by Alderman Merrett, seconded
by Alderman Hinsperger, that Alderman Baker be re-appointed to the Humane
Society Board. Carried Unanimousl~.
Recreation Commission - It was moved by Alderman Merrett, seconded by
Alderman Keighan that Aldermen C%lmmings and Janva~y be re-appointed to the
Recreation Commission for 1984. Carried Unanimously-
ORDERED on the motion of Alderman Keighan, seconded by Alderman Coville, that
Mrs.Carol Bielawski, Mrs. Frances Williams, Mr. Fred Sacco, Mr. George MacPhail
and Mrs. Brenda Mower be re-appointed to the Recreation Commission for the
-term 1984-8~. Carried Unanimously.:.
Weed Inspector It was moved by Alderman Hinsperger, seconded by Alderman
Baker that Mr. V. Scartngi be appointed as Weed Inspector for the period
May 1st to October 31st, 1984. Carried Unanimously-
Niagara Falls Board of Museums - It was moved by Alderman Baker, seconded by
Alderman Merrett, that Mr. Ken Warren be:re,appointed to the Board. The motion
Carried with the followtng vote:
AYE:.' Aldermen Baker, Cheeaman, Coville, Hinaper~er, Janvary, Kelghan, Merrett,
· and Somerville.
NAYE: Aldermen Orr, and Putttck. . . . 10
- 10 -
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that
Mr. Ray Wilson be appointed to the Board of Museums. The motion was
Defeated with the following vote:
AYE: Aldermen Coville, Orr, and Puttick-
NAYE: Aldermen Baker, Cheesman, Hinsperger, 3anvary, Keighan, Merrett,
and Somerville-
ORDERED on the motion of Alderman Baker, seconded by Alderman Merrett, that
Mr. Peter McKenna be re.appointed to the Board for the term 1984-85-86.
ORDERED on the motion of Alderman Baker, seconded hy Alderman Merrett, that
Mr. Robert Galbraith be re-appointed to the Board of Museums for the term
1984-85-86. The motion Carried with the following vote:
AYE: Aldermen Baker, Cheesman, Coville, Hinsperger, Janvary, Keighan,
Merrett, and Somerville.
NAYE: Aldermen Orr, and Puttick-
Niagara Peninsula Conservation Authority.- It was moved by Alderman Janvary,
seconded by Alderman Battick, that Mrs. Emma BearSs be appointed to the
Authority- The motion was Defeate______~dwith the following vote:
AYE: Aldermen Janvary, Merrett, and Puttick.
NAYE: Aldermen Baker, Cheesman, Coyille, Hinsperger, Keighan, Orr, and
Somerville.
ORDERED on the motion of Alderman Orr, seconded by Alderman Somerville, that
Mrs. June Gardner be appointed to the AUthorit~ for 1984-85. The motion
Carried with the following vote:
AYE: Aldermen Baker, Cheesman, Coville, Minsperger, Keighan, Orr, and
Somerville.
NAYE: Aldermen Janvary, Merrett, and Puttick.
Local Architectural Conservation Advisory Cormnittee - It was moved by
Alderman Merrett, seconded by Alderman Baker, that Mrs. April Petrie Antonio
be appointed to the Committee. Carried Unanimously.
ORDERED on the motion of Alderman Janvary, seconded hy Alderman Keishan,
that letters of appreciation be forwarded to interested persons who were not
appointed to Boards, Commissions, and Committees. Carrie____d Unanimou_~
No. 15 - Chief Administrative Officer - Re: Director of Municipal Works.
The report recommends that in accordance with the recommendations contained
in a report to Council prepared by' Eric Hardy Consulting Limited dated
November 15, 1983, applications be received for the position of Director of
Municipal Works for the City of Niagara Falls. A lengthy discussion followed
regarding the procedure to he followed, and actions taken previously-
The Chief Administrative Officer replied to questions raised ~egarding
the Cecommendation to Council~ previously processed applications,.and the
additional testing of one applicant. He replied further that Mr. Eric Hardy
had recommended one of the three present engineers to fill the position in a
draft report, and following further discussions with Council, had submitted
a report with recommendations contained in the above mentioned report. Me
further stated that the draft report had been changed at the insistence of
the consultant.
Alderman Merrett was in favour of the recommendation in the report that
the yacant position be advertised. ~'
Alderman Chessman stated that it had been the direction of Council
that previous actions had taken place, to request a study by the consultant.
The Chief ~ministrative Officer advised that copies of the-'report would
be available,for the press and any interested.persons.
Alderman'Putttck was opposed to the recommendation. ~e discussed the
- 11 -
hiring of another engineer, and subsequent reduction in engineering staff,
and stated that there had been two reports. Alderman Puttick further
discussed the additional testing of one individual which was not successful.
He stated that the consultant's report had not been submitted to Council,
that bk. Hardy had made a study, and discussed his findings with Council
after 6 weeks, at which time he had recommended that one of the present
engineers fill the vacant position. ALderman Puttick advised that }~.
Hardy had taken his report to Toronto, and had returned with another report
which had been submitted to Council. Alderman Puttick suggested that the
City might be sued for wrongful dismissal of an employee. He requested
that it be recorded that he would obtain a copy of the report and expressed
the opinion that it would be necessary for use in a Court Hearing. Alderman
Puttick stated that he would testify at the Hearing, and would await the
testimony of the Chief Administrative Officer under oath.
ORDERED on the motion of Alderman Chessman, seconded by Atderman Merrett,
that the report be received and adopted. The motion Carried with the
following vote:
kYE: Aldermen Baker, Cheesman, Coville, Hinsperger, Janvary, Keighan,
Merrett, Orr, and Somerville.
NAYE: Alderman Puttick.
BY-LAWS
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. 84-3 - A by-law to amend By-law No. 79-200, as amended. (Lots 14, 15,
16, 29, and 30, R.P. 1328, former Twp. of Stamford)-
No. 84-4 - A by-law to designate an area of land in the City of Niagara Falls
as a site plan control area. (Land described above).
No. 84-5 - A by-law to authorize the execution of an agreement with the
Niagara Falls Minor Hockey Association Ladies' Auxiliary.
No. 84-6
No. 8~-7
- Withdrawn.
- A by-law to authorize an application under the Registry Act for
the closing of the lane shown on Registered Plan No. 195 for the
former Township of Stamford, now in the City of Niasara Falls.
No. 84-8 - A by-law to repeal By-law No. 83-178, being a by-law to provide
for the adoption of an amendment to the Official Plan of Niagara
Falls Area.
No. 84-9 - A by-law to authorize the borrowing of $10,000,000.00 for current
expenditures~or the year 1984.
No. 84-10 - A by-law to regulate election contrihutions and requiring the
reporting of expenses and contributions.
No. 84-11 - A by-law to provide monies for general purposes.
The motion Carried with Acting Mayor Cu~catngs, and Aldermen Chessman, Hinsperger,
and Janvary abstaining from the vote on By-law No. 84-11, on conflicts of
interest previously recorded in Report No. 11; Alderman Orr abstaining from
the vote on conflict of interest, and Alderman Coville voting contrary on
By-laws No. 84-3 and 84-4, as previously recorded in Report No. 1; and all
others voting t~ favoqr.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that
the follow~ng by-laws be now read a second and third time:
No. 84-3 , A by-law to amend By-law No. 79-200, as amended. (Lots 14, 15,
16, 29, and 30, R.P. 1328, former Twp. of Stamford).
.... 12
- 12 -
No. 84-4.
No. 84-5
- A by-law to designate an area of land in the City of Niagara Falls
as a site plan control area. (Land described above).
- A by-law to authorize the execution of an agreement with the
Niagara Falls Minor Hockey Association Ladies' Auxiliary.
No. 84-6
No. 84-7
No. 84-8
. Withdrawn-
- A by-law to authorize an application under the Registry Act for
the closing of the lane shown on Registered Plan No. 195 for the
former Township of Stamford, now in the City of Niagara Falls.
- A by-law to repeal By-law No. 83-178, being a by-law to provide
for the adoption of an amendment to the Official Plan of Niagara
Falls Area.
No. 84-9 - A by-law to authorize the borrowing of $10,000,000.00 for current
expenditures for the year 1984.
No. 84-10 - A by-law to regulate election contributions and requiring the
reporting of expenses and contributions.
No. 84-11 - A by-law to provide monies for general purposes.
The motion Carried with Acting Mayor C~unmings, and Aldermen Cheesman, Hinsperger
and Janvary abstaining from the vote on By-law No. 84-11 on conflict of interest
previously recorded; Alderman Orr abstaining from the vote on conflict of
interest, and Alderman Coville voting contrary on By-laws No. 84-3 and 84-4 as
previously recorded; and all others voting in favour.
NEW BUSINESS
MAINTENANCE OF STREET LIGHTING BY LOCAL HYDRO
Alderman Hinsperger initiated a discussion with regard to the maintenance
of street lighting by the local Hydro. The Traffic & Construction Engineer
explained the present procedure and advised that a full report would be
forwarded to the Municipal Works Committee.
OPEN HOUSE - RE-ASSESSMENT
In reply to questions raised by Alderman Coville, the City Clerk stated
that residents of Willoughby and Crowland Townships could attend Open House
for the purpose of considering re-assessment at the Niagara South Azena on
Sodom Road.
MAYORALITY CANDIDACY DECLINED -
Alderman Cheesman expressed appreciation to persons who had approached him
with the suggestion that he become a candidate for the position of Mayor of the
City of Niagara Falls. He advised that he would not b~ a candidate at the
present time because of family responsibilities. :
It was moved by Alderman Merrett, seconded by Alderman O~r, that the
meeting adjourn.
THIRD MEETING
Committee Room #1
January 16, 1984
COMMITTEE OF THE WHOLE
Council met on Monday, January 16th, 1984 at 7:00 p.m. in Committee of
the Whole. Ail members of Council were present. Alderman Cheesman presided
as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
~~TY CLERK
Council Chambers
January 16, 1984
Council met on Monday, January 16th, 1984 at 7:30 p.m. for the purpose
of considering general business. Ail members of Council were present..His
Worship Acting Mayor Patrick Cummings p~esided as Chairman. Alderman Cheesman
offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Somerville, seconded by Alderman Merrett,
that the minutes of the meetings held January 4th and 9th, 1984, be adopted as
printed. Carried Unanimously.
COMMUNICATIONS
No. 18 - F.C.M. - Re: Membership fee. .The communication attaches an invoice
for t~e membership fee from April 1, 1984 to Mmr~h 31, 1985 in the amount of
$4,Z57.60.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio, that
the communication be referred t~ the Finance Committee for consideration.
Carried Unanimously.
No. 19 -Cy McGuigan - Re: Polling Booths. The communication suggests the
use of City property only for polling booths as a method of cost savings. A
brief discussion ensued. The City Clerk advised that there are 169 polls, and
the municipality is required ~o hame a polling 'booth in or near every polling
subdivision in the City. He further advised that it was not physically
possible to use City buildings for each of the 169 polls, and that it would
be illegal to charge electors for the act of voting. In reply to questions
raised, the City Clerk stated that in 1982 the total cost for polling places
amounted to $3,425. However, because of a reduction to 87 polls, the total
cost for polling stations in the upcoming election is'expected to amount to
$2,180.00.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Keighan, that
the communication be received and.filed. It was further recommended that a
letter of appreciation be forwarded to Mr. McGuigan. Carried Unanimously.
No. 20 - Ministry of the Solicitor General - Re: Safety Apparel under the
Occupational Health & Safety Act. The communication advises that under
recent regulations published by the Ministry of Labour, a grace period has
been provided to December 31, 1985; that modifications to existing helmets
may be made; and that at the end of the period of grace, new helmets must be
provided. It waa further advised that a grant is not available for this
purpose. "
ORDERED on the motion of Alderman Orr, seconded by Alderman Kerrio, that the
communication be received aRd filed. Carried Unanimously.
~ F. Pirates Hockey Tournament - March 22nd to
No. 21 - ~ - Re: -. · -~ to use the Blue Line Room
requests permls~wL
Z5th, 1984. The communication as a
at the Niagara Falls Memorial Arena during the tournament, as well Special
OccasiOn Permit-
ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the
request of The Niagara Falls Pirates Hockey Team for a special occasion permit
for their annual hockey tournament to be held on March 22nd, 23rd, 24th, and
25th, 1984, to be held at the Niagara Falls Memorial Arena, Niagara Falls, he
approved, subject to the approval of the Regional Police Department, the
Niagara Falls Fire Department~ the Niagara District Health Unit, and the Liquor
Licensing Board of Ontario. C_arried Unanimously...
No. 22(a) .Mr. Frank Taylor~ Niagara South Tourist Association - Re: Banner
Location. Th-econt~unication requests approval for a banner to be placed
across McLeod Road on the east side of Dorchester Road, to read: Falls View
Area; Niagara Sou~h; and Festival of Lights.
- AND -
No. 22(b) - Mr. Frank Taylor - Re: Banner Location. The communication requests ~
approval for a banner to be'"placed across Main Street north of Niagara Parkway,
to read: Welcome to Niagara South; Falls View Area; Festival of Lights.
No. 22(c) - Mr. Frank Taylor - Re: Banner Location. The communication requests
approval for a banner to be placed across Stanley Avenue north of North Street,
to read: Falls View Area; Niagara South; Festival of lights.
No. 22(d) - Mr- Frank Taylor - Re: Banner Location. The communication requests
approval for a banner to he placed across Murray Street attached to the C.P.R.
Railroad Bridge, to read: Falls View Area; Niagara South; Festival of Lights.
ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the
requests be approved. Carried Unanimously.
No. 23 - City of London - Re: Probationary Constable "A" Training Course. The
communication requests the support of Council for a proposal that new recruits
no longer be pBid while attending the nine week Probationary Constable
training course at the Ontario Police College, and that the recruits pay their
own expenses while at the college. It was further proposed that the recruit
would be guaranteed employment on successful completion of the nine week course
at the existing salary.
A discussion followed regarding a concern that the proposal would adversely~
affect persons who need employment. It was suggested that the cost savings
might be achieved by repayment by the graduate recruits.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the
communication be referred to staff, and a reply to the City of London with the
suggestion that the expenses might be repaid subsequent to the employment of
the graduated recruits. Carried Unanimously.
No. 24 - Lions Club of Stamford & Niagara Falls Minor Hockey Associatipn - Re:
Annual Atom Hockey Tournament commencing March 13th, 1984. The communi~ation
requests participation by the City in the form of a purchase of advertisement
in the program.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that
a one-half page advertisement be purchased in the program in the amount of
$75.00. Carried Unanimously.
No. 25 - Ontario Heart Foundation - Re: "Heart Month" - February 1984. The
communication requests approval of a proclamation and advises that the
Foundation does not have funde to pay for the proclamation.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hineperger,
that the request be approved, and further, that the City of Niagara Falls
absorb the costs of the proclamation. The motion Carried with the following vol
AYE: Aldermen Baker, Cheesman, Coville, Hin~perger, Janvary, Keishan, Kerrio,
Merrett, Puttick, and Somerville.
NAYE: Alderman Orr.
No. 26 - Nta~ara Shrine Club - Re: Ceremonial Parade - June 16th, 1984.
The communication requests a parade permit. In reply to questions raised, the
City Clerk advised of a parade permit which had been issued for early June,
and referred to the Recreation Department for co-ordination.
ORDERED on the motion of Alderman Orr, seconded by Alderman Somerville, that
the request be approved in principle, and further, that this request be
referred to Staff to co-ordinate. ~qr~ied Unanimously.
3
-3-
No. 27 - Canadian Mental Health Association - Re: Housing Program. The
communication discusses the activities of the Niagara Regional l~using
Program, the need to provide housing for the psychiatric residents in the
~i1 municipalities in the Niagara Region, and the objective of the Health
Association to locate and establish three supportive housing units in the
Region.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger,
that'the communication be referred to the Planning and Development Department
for consideration. Carried Unanimously.
No. 28 - City of Stoney Creek - Re: Resolution regarding disarmament. The
communication attaches a resolution supporting all initiatives by the Federal
Parliament and the Prime Minister to promote peace among the superpowers and
all nations, and requests the support of Council.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Coville,
that the Resolution be endorsed. Carried Unanimously.
REPORTS
No. 16 - Chief Administrative Officer - Re: Proposed Closing of Walkway
NO. 81(3) from CatteL1 Drive to Tramore Crescent. ~e report recommends
that the closing of the above walkway be deferred until after the installation'
of the sanitary sewers required to service the portion of Parkway Gardeqs
known as Tramore Crescent.
ORDERED on the motion of Alderman Coville, seconded by Alderman Janvary~ that
the report be received and adopted. Carried Unanimously.
No. 17 - Chief Administrative Officer - Re: Parking on Lowell Avenue. The
report recommends that parking be prohibited at all times from the westerly
side of Lowell Avenue from its intersection with Latshaw Street to its
southerly limit.
ORDERED on the motion of Alderman. Janvary, seconded by Alderman Orr,.that.
the report be received and adopted. Carried Unanimously.
No.'lB - Municipal Parkin§. & Traffic Committee - Re: Parking on Biamonte Pkwy. The
report recommends that the necessary by-law he prepared to prohibit parking on
Biamonte Parkway from its westerly limits to Biamonte Crescent from 8:00 a.m.
to 5:00 p.m. Mondays to Fridays. It is further recommended that Zoning
Application AM-16/83 requested by Greater Niagara Medical Arts Limited be
placed on the next Planning agenda for approval now that the objection from
the neighbours has been satisfied. Alderman Merrett advised that the Parking
& Traffic Committee had met with a delegation from the ne~ghbourhood as well
as representatives from the Medical Arts Limited and the decision to prohibit
parking had been made in order to resolve the parking problems in the area.
ORDERED on the motion of. Alderman Merrett, seconded by Alderman Puttick, that
the.report be received and adopted, with the proviso that the zoning amendment
application be considered at the meeting of City Council to be scheduled for
January 23rd, 1984, if legally possible. Carried Unanimously.
No. 19 - chief'Administrative Officer - Re: AM-18/83 P., P. & P. H~tels Ltd.,
567-?-Victoria Avenue/5601 Ellen Avenue. The report recommends the following:
1) ThJt Council agree to further consider the abo~e application on Monday,
January 23, 1984;
2) That an amending notice be sent out changing the date of a notice recently
mailed out from February 13, 1984 to Monday, January 23, 1984.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Ke~rio, that
the report he received and adopted. Carried Unanimously~. ~
No. 20 - Chief Administrative Officer - Re: The Buildings & Inspections
Department Report for December 1983. The report itemizes permits issued for
December 1983, proposals for January 1984, and reviews activities under the
C.O.E.D. Program, for the information of Council.
ORDERED on the motion of Alderman Somerville, seconded by Alderman Kerrto,
that the report be received and filed. Carried Unanimously.
No. 21.-' Chief Administrative Officer - Re: Amended Bite Plan Approval -
Proposed 74 Unit Apartment Building', 4640 Drummond Road (east side, south of
-4-
C. N. Railway). The report recommends that the. Council approve the amended
plans on display at tonight's meeting, being a proposed 74 unit hpartment
building and the Landscaping plan being drawing number L1 as revised and the
Site Services Plan being drawing number MS1 as revised all dated January 11,
1984, and filed with the Buildings and Inspections Department of the City of
Niagara Falls on January 13, 1984 and that such approval be subject to the
conditions contained in the report. In reply to questions raised, the
Director of Buildings and Inspections advised that the changes made since
the previous site plan were minor and had been suggested by the C.M.R.C.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Merrett, that
the report be received and adopted. C_~arrted Unanimously__..
No. 22 - Chief Administrative Officer - Re: Municipal Accounts. ~e report
recommends paymsnt of the accounts in the aggregate amount of $180,665.80 for
the one week period ending January 16th, 1984.
Acting Mayor Cummings declared a conflict of interest on Cheque No. 22858
since a member of his family is involved, and on No. 22914 because he is a
member of the Association.
Alderman Hinsperger declared a conflict of interest on Cheque No. 22849
because he is employed with the company.
Additional information was provided on Cheques No. 22870 and 22896.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville,
that the report be received and adopted. The motion Carried with Acting
Mayor Cummings abstaining from the vote on Cheques No. 22858 and 22914, and
Alderman Hinsperger abstaining from the vote on Cheque No. 22849 on conflicts
of interest previously recorded, and all others voting in favour.
No. 23 - Chief Administrative Officer - Re: Proposed Closing and Sale of that
part of Walkway 13(5) running northerly from Green Boughs Road in Registered
Plan M-29. The report recommends the following:
1) That Council hear, at tonight's meeting, any person who claims that his or
her land will be prejudicially affected by the proposed by-law to close the
above walkway and who applies to be heard.
2) That if there are no such claims, the Council pass the by-law listed on
tonight,s agenda to stop up and close and to authorize the sale and convey-
ance of the walkway.
3) That Council also pass the resolution appearing on tonight's agenda to
authorize an application to the Minister of Municipal Affairs and Housing
for approval of the by-law.
ORDERED on the motion of Alderman Orr, seconded by Alderman Kettle, that the
report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Baker, Cheesman, Coville, Hinsperger, Keighan, Kerrio, Merrett,
Orr, Putttck, and Somerville.
NAYE: Alderman Janvary.
See Resolution No. 4.
See ~y.-law No..84-12. ·
No. 24 - Chief Administrative Officer - Re: Request for Release, Lot 12, :
PtanM-29, 289l Olden. Avenue. The report recommemds that Council pass the
by-law appearing on'thls agenda to authorize a release of Lot 12 according to
Registered Plan M-29 from the provisions of a subdivision agreement between
~he City and Taro Properties Incorporated dated.November 20, 1974 and registered
as Instrument'No. 232482, as amended by an agreement dated' August 29, 1975 and
registered as Instrument No. LT-2013. - - ' ·
ORDERED on the motion of Alde=man Merrett, seconded by Alderman Baker~ that the
report be received and adopted. Carried Unanimouslyt
See By-law No. 84-13...
No. 25 - Chief Administrative Officer - Re: Enchroachment - 3917 Main Street
at Thtbert Street. The report recommends that the application for the passing
of a by-law to permit the continuation of encroachments of an apartment buildin
upon the Main Street and Thibert Street road allowances be approved, and the
necessarF by-law be enacted by Council.
- 5 -
ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously-
See By-law No. 84-14.
No. 26 - Chief Administrative Officer - Re: Extension of Urban Service Area
Boundaries] 527534 Ontario Ltd. - 938! Lundy's Lane. The report recommends
that the by-law appearing later on the agenda to extend the boundaries of Urban
Service Area No. 1 to include property located at the northwest corner of Lundy's
Lane and Garner Road, be passed, and FURTHER:
That when the By-law has been approved by the Ontario Municipal Board, that the
applicant be allowed to connect to the watermain and sewermain on Garner Road
in accordance with the existing policy regarding connection charges-
ORDERED on the motion of Alderman Orr, seconded by Alderman Somerville, that
the report be received and adopted. The motion Carried with the following vote
AYE: Aldermen Baker, Chcesman, Coville, Hinsperger, Keighan, Kerrio, Merrett,
Orr, Puttick, and Somerville.
NAYE: Alderman Janvary.
See By-law No. 84-16.
No. 27 - Chief Administrative Officer - Re: City of Montreal By-law 6249.
The report recommends that the information contained therein be received and
filed for the information of Council.
ORDERED on the motion of Alderman Orr, seconded hy Alderman Kerrio, that tNe
report be received and filed. Carried Unanimously.
No. 28 - Acting Mayor Cummings - Re: Tourism Niagara Co-ordination Board
Appointments. The report advises that the following appointments have
been made:
1) Alderman Brian Merrett, Chairman, Tourism Niagara Co-Ordination Board;
2) Alderman Robert Keighan, Council Representative, People Movgr Steering
Committee.
Alderman Keighan suggested that Alderman Baker, who has indicated an
interest in planning matters, should be authorized by City Council to act as
his replacement on the Land Use Committee.
ORDERED on the motion of Alderman Put.tick, seconded by Alderman Orr, that
the report be received and adopted. Carried Unanimously.
No. 29 - Acting Mayor Cummings - Re: Meetings with Provincial & Federal
representatives. The report requests the permission of Council to arrange
special meetings with the above named representatives, for discussion of
items of mutual interest and concern.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the
report be received and adopted', and further that Staff arrange the meetings
as soon as possible. Carried Unanimously..
~.~ RESOLUTIONS
No. 4 - HINSPERGER - SOMERVILLE - RESOLVED that pursuant to section 298 of the
Municipal Act, R.S.O. 1980, the Minister of Municipal Affairs and Housing be
requested to approve By-law No. 84-12 to stop up and close and to authorize
the sale and conveyance of the public walkway between Lots 77 and 78 shown ae
Block "D" on Plan M-29; AND the Seal of the Corporation be hereto affixed.
The motion Carrie~. with Alderman Janvary opposed and all others voting in
favour.
No. 5 - MERRETT - COVILLE - RESOLVED that a message of condolence be forwarded
to the family of the late Mr. Glen Warman, husband of Mrs. Barbara Warman of the
Treasury Department, and a respected member of the community½ AND the Seal of
the Corporation be hereto affixed.
Carried Unanimously.
No- 6 - HINSPERGER - ORR - RESOLVED that a message of condolence be fowarded
to the family of the late Mrs. Joseph Strianni~ mother of Mrs. Ruth Kallaur
of the Solicitor's Department~ and a respected member of the community;
AND the Seal of the Corporation be hereto affixed.
Cart,led Unanimously.
-6-
By-t~WS
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hinsperger,
that leave be granted to introduce the following by-laws and the by-laws be
read a first time:
No. 84-12 - A by-law to stop up and close and to authorize the sale and conveya~.
-- of the public walkway running northerly from Green Boughs Road in
Registered Plan M-29.
No. 84-13 - A by-law to authorize a release. (Lot 12, H.P. M-29)-
No. 84-14 - A by-law to allow the maintaining and using of a building which
encroaches on Thibert Street and Main Street.
No. 84-15 - A by-law to provide for appointments to certain Boards, Commissions~
and Committees.
No. 84-16 - A by-law to alter the boundaries of the Urban Service A~ea of the
City.
No. 84-17 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Janvary voting contrary on By-laws No. 84-12,
and No. 84-16; Acting [~Yor Cummings and Alderman Hinsperger abstaining from
the vote on By-law No. 84-17 on conflicts of interest previously recorded in
Report No. 21; and'all others voting in favour.
ORDERED on the motion of Alderman Coville, seconded by Alderman Coville, that
the following by-laws be now read a second and third time:
No. 84-12 - A by-law to stop up and close and to authorize the sale and
' conveyance of the public walkway running northerly from Green
Boughs Road in Registered Plan M-29.
No. 84-13 - A by-law to authorize a release. (Lot 12, R.P. M-29).
No. 84-14 - A by-law to allow the maintaining and using of a building which
encroaches on Thibert Street and Main Street.
No. 84-15 - A by-law to provide for appointments to certain Boards, Commissions
and Committees.
No. 84-16 - A by-law to alter the boundaries of the Urban Service Area of the
City. ~
No. 84-17 - A by-law to provide monies for general purposes.
Tee motion Carried with Alderman Janvary voting contrary on By-laws No. 84-12,
and No. 84-16; Acting Mayor Cummings and Alderman Hinsperger abstaining from
the vote on By-law No. 84-17 on conflicts of interest previously recorded; and
all-others voting in favour.
NEW BUSIN£SS
BUS SERVICE - PETTIT AVENUE
Alderman Kerrio discussed recent contacts he had received from resident9
on Pettit Avenue regarding the cessation of bus service on that street.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cheesman, ~that
the matter be referred to Staff for investi§ation and a report.
Carried Unanimously.
GARAGE CONSTRUCTIONfS~NN.I.CKS AVENUE
Alderman Puttick initiated a discussion with regard to a recent newspape~
article concerning the construction of a garage at 3?~2,,8innicks Avenue,that
does not meet the requirsments of the City by-law. T~e City Solicitor e~plaie
the procsdur~ to be followed ~hrou~h ths Committee of A~jugtment.
- 7 -
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cbeesman, that
the matter be referred to Staff for investigation aud a report.
Carried Unanimously.
MEETING - REGIONAL & CITY FINANCE COb~IITTEES
Alderman Cheesman discussed m meeting between tbs Regional and City
Finance Cormmittess which will be scbeduied in February 1954, to d~scuss items
of mutual concern. He urged members of tbs Finance Committee, and members of
Council who have specific suggestions, to submit them in order that an agenda
might be prepared.
LOCAL COUNCIL OF WOMEN
Alderman Coville discussed a handout letter from Mrs. Margaret Harriugton,
Chairmen of the Environment Committee of the Local Council of Women. Tbs
communication invited members of City Council to attend a meeting on January 26,
1984 at Drummond Hill Presbyterian Church, with guest speakers bk. Colic Isaacs,
Executive Director of the Pollution Probe Foundation, Toronto, and Mrs. Margarita
Howe of Operation Clean, Niagara-on-the-Lake. Members of Council were encouraged
to attend the meeting.
HAPPY BIRTHDAY - ALDERMAN MERRETT
Alderman Janvary expressed good wishes to Alderman Merrett who is
celebrating a birthday.
It was moved by Alderman Orr, seconded by Alderman Somerville, that the
meeting adjourn.
READ~PT'~ D,
FOURTH MEETING
Cormnittee Room #1
January 23, 1984
COMMITTEE OF THE WHOLE
Council met on Monday, January 23rd, 1984 at 6:45 p.m. in Committee of
the Whole. Ail members of Council were present with the exception of
Aldermen Kerrio, Merrett, and Orr. Alderman Hinsperger presided as Chairman.
Following consideration of the items presented the Committee of the Whole
arose ~orting. . .~.~..~. . . ....
READ ~~
i CITY CLERK ACTING INGS
REGULAR MEETING
Council Chambers
January Z3, 1984
Council~met on Monday, January 23rd, 1984 at 7:30 p.m. for the purpose
of considering general business. All members of Council were present with the
exception of Aldermen Kerrio, Merrett,. and Orr. His Worship Acting M~yor
Patrick Cummings presided as Chairman. Alderman Hinsperger offered the
Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville,
that the minutes of the meeting held J'anuary 16th, 1984, be adopted as printed.
Carried Unanimously.
GOMMUNICATIONS
No. 29 - Ontario Ministry of Transportation & Communications - Re: Signing at
Sodom Rd., and Thorold Stone Rd. interchanges. The communi~ation stated that
the Ministry was not in favour of informing motorists regarding an exit 'at a
particular interchange to enter a municipality when the interchange was
within the municipality. It further advises that the downtown signs for
Niagara Falls will be updated, showing the message "Follow Highway 420", and
the municipality sign will show the current population figure as well as the
message "7 interchanges".
ORDERED on the motion of Alderman Baker, seconded by Alderman Somerville, that
the communication be received and filed. Carried Unanimousl?-
No. 30 - Regional Municipality of Niagara - Re: Th.ird Quarter 1983 - Building
Permit Activity. The communication attaches a copy of the Third Quarter 1983
Building Permit Activity Report for information.
ORDERED on the motion 'of Alderman Htnsperger, seconded by Alderman Baker, that
the. communication be received and filed. Carried Unanimously.
No. 31 - Regional Municipality of Niagara - Re: 1984 Interim Levy By-law.
The communication encloses certified copies of By-law 3517-84, a by-law to
provide for an interim Levy against the Area Municipalities in the Year 1984.
ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that
the communication be received and filed. Carried Onanimously..
No. 32 - Regional Municipality of Niagara - Re: Public Meeting on Group Homes.
The communication encloses a copy of DPD 1701 containing specific wording
regarding two alternative Regional Policy Plan amendments dealing with the issue
of providing group homes in residential areas in the Region, and advises that
a public meeting has ~esn scheduled for February 29th, 1984 to discuss the three
approaches being considered,
ORDERED on the motion of Alderman Coville, seconded by Alderman Somerville, that
the communication be referred to the Planning and Development Department, and
to .the Social Planning Committee for comments. Carried Unanimously.
-2-
· oat
~RR ~een Street. '~ne cu,, ..... ~ ~388 Queen Street.
install an llluminated wnl Cheesman, seconded by Alderman Hinsperger,
ORDERED on the motion of Alderman
that the communication be referred to staff for investigation and a report.
Carried UnanimoUSl_~_~
106th Anniversary of Bulgarian
, 1984- The co~unicatlOn requests
independen-~-Day,
that March 3rd, 1984 be proclaimed ,,Bulgarian independence Day" and invites
former Mayor Wayne Thomson as Guest of Honour to address the gathering in
that the
New York City.
ORDERED on the motiOn of Alderman Baker, seconded by Alderman Coville,
procla~_ationbe approved subject to established policy. C_arried Unanimously.
REPORT~
Peer Street. The report
No. 30 - ~unicipa~ WtParking on
recommends that the z r ta ed therein be received and filed. A
discussion followed with regard to the height of the "no parking" sign, and
the lack of metered parking on the street. The Traffic & Construction Engineer
reviewed the information contained in the report to the Municipal Works Committe~
dated January 13th, 1984. He advised that because of the efforts on behalf of
the Ontario Food Market, 6 meters had been installed.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville, that
the report be received and adopted, and further, that a copy of the report be
forwarded to the. O~tario Food Market.
No. 31 - Municipal Works Committe~ - Re: Northwest Sector Servicing. The
report recommends that the information contained therein be received and filed.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger'
the report he received and adopted.
No. 32 - Municipal Works Committe~ - Re: O~tariO Good Roads Association -
Annual Gon~erence. The report recommends the following:
1) That two members of Municipal Works be authorized to attend the OntariO
Good Roads Association Convention;
~) ~at one member of Municipal Works he authorized to attend the Municipal
Engineers Association Annual Meeting and the O.G.R.A. Convention;
3) That one member of Council be authorized to attend the O.G.R.A. Convention-
Alderman Janvary advised that the Committee wishes to receive information
concerning the items to be considered at the convention-
ORDERED on the motion of Alderman Keighan, seconded by Alderman
that the report be received and adopted. It was further recommended that any
member of Council wishing to attend the Convention should contact the Chief
A~minietrative Officer. Carried Unanimously.
No. 33 - Chief Administrative Officer - Re: Mount Forest Subdtv~eion - Plan
M-29, Closing of Accounts with Taro Fropartiee Inc. ~he report recommends the
following:
1) That the amounts for the sidewalks not constructed and the amount for the
rear yard catchbasin not required, be deleted; and
2) That the accounts for the above Subdivision be'closed'
The Chief Administrative Officer discussed a report cubmitted to Council
in 1981, which had reviewed the deficiencies in-16 subdivisions. He advised
that all of the subdivi~.tons had been cleared with regard to funds payable by
~ them. The Treasury, Legal and Engineering Departments were commended on a
job well done.
The Acting Director of Engineering discussed the current policy of
reserving funds for any required lot drainage.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Somerville,
that the report be received and adopted. Car___ried Unantmou~_q~
No. 34 - Chief Administrative Officer - Re: AM-16;83 Greater Niagara Medical
Arts Ltd., 6117 Diamante Parkway. The report recommends that the by-law
amendment following on this evening's Council agenda be considered by Council
for enactment. The Planning Director advised that a public hearing had been
-3 -
held on December 12th, 1983, and that residents who left names at the Hearing
had been notified.
The City Clerk reviewed the report dated January 23rd, 1984 which
summarized the position.
Acting Mayor Cummings requested comments from any residents present who
might wish to speak.
Mr. Harry Brown, 6107 Biamonte Parkway, requested information with regard
to the plan. for Lot 22 in the event that the amendment application is not
approved; the present owner of Lot 12; the effect of the amendment on
property taxes; and the extent of the fenced parking area.
Mr. A.F. Sheppard, Solicitor, representing the.Applicant, advised that
he was unaware of plans for Lot 22 if the re-zoning was not approved; he
does not have knowledge concerning the ownership of Lot 12; and that the
existing wire fence would continue to the rear of LOt 22. He further stated
that the landscaping would be continued. It was noted that there is p~o~ision
for landscaping end the driveway in'the by,law.
Further discussion followed with regard to the driveway and fencing.
The Planning Director stated that the driveway would be removed and land-
scaping included as indicated on the site plan. He further stated that a
fence might be constructed, and suggested that matters of concern might be ~
again considered. Mr. Brown indicated that he would be in favour of a fence.
The Chief Administrative Officer advised that property assessment would
be based on market value of the property, and that any proposal which mffects
markeg value of a property should be reflected in the assessment.
In response to a request from Acting Mayor Cummings for further questions,
Alderman 3anvary expressed the view that the proposal would not resolve the
parking problem in the area, and that "something .further should be done". She
requested that her opinion.be recorded.
ORDERED on the motion of Alderman Hineperger, seconded by Alderman Coville~
that the report be received and adopted. Carried Unanimously.
See By-laws No. 84-21,
and No. 84-22.
~o. 35 - Chief Administrative Officer - Re.: AM-17/83 Ontario Hydro and
Niagara Parks Commission. The report recommends that the two by-laws following
later on this evening's Council agenda (Zoning By-law amendment and Official
Plan amendment) be considered by Council for enactment. Acting Mayor Cummings
explained the procedure to be followed under the~Planning Act.
The City Clerk advised that the proposed zoning amendment is to permit
by way of "Special Provision", outside storage of equipment and materials on
lands of the applicant presently~=zoned OS (Open Space). He further stated
that an amendment to the Official Plan is also necessary and it is intended
to amend the Official Plan to allow the proposed use of open storage within
the lands of Government, public utilittes~ and ~ransportation agencies, by
specific zoning amendment.
His Worship Acting Mayor Cummings requested comments from the applicant
or an authorized representative. Mr. Thomas Rock represented the owners of
the lots, the Niagara Parks Commission and the Ontario Hydro. He advised that
the technical report adequately explained the purpose of the application, that
there is justifiable need for an official plan amendment and re-zoning applica-
tion. He discussed the proposed exchange of lands with the Niaaara Parks
Commission, the access to the public roadway, the non-hazardous and non-
flammable materials for storage at. the site, and presented photographs showing
the items planned for storage.
Acting Mayor Cummings received no response to a request for comments from
other persons present.
The City Clerk advised that the notice of public meeting had been forwarded
by first class mail to all persons on December 19th, 1983. . . . 4
-4-
Acting Mayor Cummings advised that any person who wishes to receive notice
of the passing of the zoning by-law amendment should leave their names and
addresses with the Clerk prior to leaving the meeting.
The Planning Director explained the proposal, and discussed the plans
'posted on the wall. Be explained further, the purpose and reason for the proposa
Acting Mayor Cummings received no response to a request for comments from
other persons wishing to make a submission. A response was not received
regarding persons in support of the by-law, those opposed to the by-law,
a representative of the developer, nor a request for questions from persons
present aed Council with respect to clarification of the proposed by-law.
In reply to questions raised, Mr. Rock advised that the only vehicles
to be on the property would be those making delivery of the materials to be
stored, and further, that these vehicles would visit the site very temporarily-
He stated that the possibility of a screened chain link fence would be recommend~
and discussed further with City Staff.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Somerville, that
the report be received and the application approved, subject to the addition of
a screened chain link fence being included in the site plan.
Carried Unanimously.
See By-law No. 84-18,
and 84-19.
No. 36 - Chief Administrative Officer - Re: AM-18/83 P., P. & P- Hotels Ltd.,
5677 Victoria Avenue/5601 Ellen Avenue. The report recommends that Council
consider the Zoning By-law amendment fellowing later in this evening's agenda.
Mrs. Clara Pugliese, owner of the Hotel, was present at the meeting~
and given an opportunity to speak.
The Planning Director advised that there had been a public meeting without
representation by the owners although a public notice had been forwarded. He
further advised that a public notice had been mailed on January 17th, 1984,
advising of this meeting.
Acting Mayor Cummings requested ques~ions from members of Council~ and
comments from persons in support of the by-law, opposed to the by-law,
representative of the developer~ and questions regarding clarification of the
proposed by-law. There was no response.
ORDERED on the motion of Alderman Hi~.sperger, seconded by Alderma~ Chessman,
that the report be received and the ~pplication for zoning by-law amendment
be approved. Carried Unani~
~law No. 84-23.
No. 37 - Chief Administrative Officer - Re: Commercial Area Improvement Progr~
(C.A.I.P.Tfor the Queen Street/River Road Entrance to the C.B.D. The report
recommends that the attached C.A.I.P. spplication and supporting documentation
be approved by Council for submission to the Ministry of Municipal Affairs &
Housing by the January 31st deadline date.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Htnsperger,
that the report be received and adopted. The motion Carried with the following
vote:
AYE: Aldermen Baker, Cheeeman~ Hinsperger~ danvary, Ketghan~ Puttick~ and
Somerville. · .
NAYE: Alderman Coville.
No. 38 - Chief Administrative Officer - Re: C.A.I.P. and Community Improvement
Policies. The report recommends that Council consider the allocation of an
amount of approximately $10,000 from the Planning Department study reserve fund
carried over from the 1983 budget to obtain cousultant's services for preparing
City-wide Community Improvement policies required under the new Planning Act.
ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Hinsperger, th~
the report be received and adopted. Carried .Unanimously.
-5 -
No. 39 - Chief Administrative Officer - Re: Reconveyance of Block "H" Charnwood
Subdivision Plan M-53 to Ontario Land Corporation. The report recommends that
Council pass the by-law appearing on tonight's agenda to authorize the convey-
ance of Block "H" Plan M-53 to Ontario Land Corporation.
ORDERED on the motion of Alderman Baker, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
See_~_~y-law No. 84-27.
No. 40 - Chief Administrative Officer - Re: Naming of Park in Mount Forest
Subdivision. The report recommends that the name "Mount Forest Park", located
in the Mount Forest Subdivision, be confirmed.
Alderman Janvary advised that the Civic Co~mnittee had recommended the above
since this was the n~ne most commonly used by residents in the area, and was
therefore suggested by the Recreation Director. Opportunity was given for
the submission of names. However, an advertisement was not placed in the local
newspaper. Alderman Janvary further advised that a letter had been received
from the B. E. Kennedy family requesting that the park be given this name, as
a former long time resident in the area. She had received a further contact
from a member of the Kennedy family this morning and therefore was submitting.
the request for consideration. It was suggested that the matter be tabled for
30 days in order that the residents in the area be given an opportunity
comment on the proposed change.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman ~anvary, that
the matter be tabled for 30 days and the residents be notified.
Carried Una~
No. 41 - Chief Administrative Officer - Re: Encroachments - 4066 Chippawa
Parkway - 8050 and 8034 Pell Street. The report recommends that the application
for the passing of a by-law to permit the continuation of encroachments of two
multi-unit dwellings upon the Pell Street road allowance be approved, and the
necessary by-law be enacted by Council.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Somerville,
that the report be received and adopted. Carried Unanimously.
See By-law No. 84-26.
No. 42 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends pa~.~ent of the accounts in the aggregate amount of $1,430,248.11
for the one week period ending January 23, 1984.
Acting Mayor Cummings'declared a conflict of interest on Cheque No. 22977
since a mamber of the family is involved.
Alderman Hinsperger declared a conflict of interest on Cheque No. 22970
since he is employed by the company.
Alderman Somerville declared a conflict of interest on Cheque No. 23050
as a member o~ the organization.
Additional information was provided regarding Cheques No. 22930, 22956,
and 22960.
ORDERED on the motion of Alderman Somerville, seconded by Alderman 'Coville,
that the report be received and adopted. The motion Carried with Acting Mayor
Cummings abstaining from the vote on a conflict of interest on Cheque No.
22977; Alderman Hinsperger abstaining from the vote on a conflict of interest
on Cheque No. 22970; and Alderman Somerville abstaining from the vote on
conflict of of interest on Cheque No. 23050~ as previously recorded, and all
others voting in favour.
No. 43 - Actin Ma or Cummin s - Re: Centralization of Social Services System.
The report recommends that Council request the Regional Municipality of Niagara
to re-examine its decision to centralize the social services syetem~ particularly
as it relates to the processing of requests for emergency assistance.
During the discussion that followed, it was noted that the centralization
of the services had been designed to improve the system. Specific problems
and actions taken to resolve them.Mere.discussa~'. ~ ~3'.
-6-
Regional Councillor W. Smeaton advised that the Regional Director of
Social Services would be most interested in receiving documentation regarding
the particular persons involved and the problems encountered- He further
advised that steps would be taken to remedy the situation or revert to the
previous system.
His Warship Acting Mayor Cummings discussed recent meetings which had
been held with the C.O.E.S. group and with interested citizens, in order to
co-ordinate and unify emergency services within the City.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Somerville~
that the report be received and adopted. The motion Carried with the
following vote:
AYE: Aldermen Baker~ Cheesman, Coville, Hinsperger, Janvary, Keighan, and
Somerville.
NAYE: Alderman Puttick.
No. 44 - Chief Administrative___Officer - Re: AM-9/83 - Extension to Colonial
Inn on Victori-----~'Avenue and By-law No------~. 83-153. The report recommends that
Council pass the by-law on tonight's agenda to amend By-law No. 79-200~ as
amended by By-law No. 83-153.
OFFERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that the report be received and adopted.__~_~___~~Oarried t~animousl~
~4-20.
No. 45 - Chief Administrative Officer - Re: Site Plan Approval - Proposed
6 Storey Ho-otel(C--~on~ 5591 Victoria Avenue. The report recommends
that the Council approve the site plan on display st tonight's meeting~ being
a proposed 6 Storey Motel building, and the site plan being drawing number
BP1 dated as revised 3anuary 1984, and filed with the Buildings and Inspections
Department of the City of Niagara Falls on January 23rd, 1984, and that such
approval be subject to the conditions in the report.
Acting Mayor Cummings received nc response.to a request for questions
and comments of persons in attendance.
CRDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimousl~_~
No. 46 - Chief Administrative Officer - Re: Ceneral Committee of Council.
The repor~ recormtends tha-'--'t the General Committee meetings of Council be
abolished by the passing of a By-law appearing later on the agenda. During
the discussion that followed, Alderman Chessman expressed the view that the
General Committee Sessions dealt with mgtt~rs "in depth" with greater-flexibili
and a less structured atmosphere.
The Chief Administrative Officer pointed out the very small degree of
difference between the General Committee and Regular sessions during the pa~t
year, and the prerogative 'of Co%moil to'hold informal public meetings
provided under the procedural by-law.
The City Clerk replied to questions raised regarding the recommendation,:
and advised that the by-law provides for meetings on specific nights.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hineperger,
that the matter be tabled. Carried Una__nim~s_~l~_:
RESOLUTION
No. 7 - CHEESMAN - BAKER - RESOLVED that the Council of the Corporation of the
City of Niagara hereby petitions for an alloqation of subsidy funds under the
provisions of the Public T~ansportation and Highway Improvement Act for
expenditures made during the year 1983 in the amount of $16~561 for the Transit
Operating Assistance Programme; AND the Seal of ~he (orpor~tion be hereto
affixed. Carried Unanimous!~
- 7 -
BY-LAWS
ORDERED on the motion
that leave be granted
read a first time:
cf Alderman Cheesman, seconded by Alderman Hinsperger,
tc introduce the following by-laws and ~he by-laws be
No. 84-18 - A by-law to provide for tbs adoption cf an ame~dmant to the Official
Plan of the Niagara Falls Planning ~rea. (Ont. Hydro & N.P.C.).
No. 84-19 - A by-law to amend Ey-law No. 79-200, as amended. (Ont. Hydrc 6. M.P.C.
Twp. Lot 191, former Twp. of Stamford).
No. 84-20 -'A by-law to amend E.y-law No. 79-200, as amended b~ By-law No. 83-153.
(Colonial Inn).
No. 84-21 - A by-law to amend By-law No. 79-200, as amended. (Medical Arts).
NO. 84-22 - A by-law to designate an area of land in the City of Niagara Falls as
a site plan control area. (Medical Arts).
No. 84-23 - A by-law to amend By-law No. 79-200, as amended. (P.P. & P. Hotels -
Parisi).
No. 84-24 - To amend By-law NO. 3790, being a by-law for the regulation of
traffic. (Lowell Avenue & Biamonte Parkway). %'
No. 84-25 - Withdrawn.
No. 84-26 - A by-law to allow the maintaining and using of buildings which encroach
on Pall Street.
No. 84-27 - A by-law to authorize the reconveyance of land tc Ontario Land
Corporation.
No. 84-28 - A by-law to provide monies for general purposes.
The motion Carried with Acting Mayor Cummings, and ~ldermem Hinsperger and
Somerville abstaining from the vote on By-law No. 84-28, on conflicts of interest
previously recorded in Report No. 42, and all others voting in favour.
ORDERED on the motion of Aldermam. Hinsperger, seconded by Alderman Janvary, that
the following by-laws be now read a second and third time:
No. 84-18 - A by-law to provide for the adoption of an amendmcn, t to the Official
Plan of the Niagara Falls Planning Area. (Ont. Hydro & N.P.C.).
No. 84-19 - A by-law to amend By-law No. 79-200, as amended. (Ont. Hydro & N.P.C.
Twp. Lot 191, former Twp. of Stamford).
No. 84-20 - A by-law to amend By-law No. 79-200, as amended by By-law No. 83-153.
(Colonial Inn).
No. 84-21 - A by-law to amend By-law No. 79-200, as amended. (Medical Arts).
No. 84-22 - A by-law to designate an area of land in the City of Niagara Falls as
a site plan control area. (Medical Arts).
No~ 84-2~3 - A by-law to amend By-law No. 79-200, as amended (P.P.&P. Hotels
Parisi).
No. 84-24 - A by-law to amend By-law No. 3790. being s by-law for the regulation
~' of traffic. (~ow~ll Avenue & ~iamon. te Parkway).
No. 84~25 - Withdrawn.
No. 84-26 - A by-law to allow the maintaining and using of buildings which encroach
on Pall 8treat.
-8-
No. 84-27 - A by-law to authorize the reconveyance of land to Ontario Land
Cc. rporation.
~Oo 84-28 - A by-law to provide monies for general purposes.
NEW BUSINESS
HARMONY SCHCCL/BILL.82_~z__PROVINCIAL LEGISLATION
Alderman Keighan initiated a discussion regarding Bill 82, as it affects
the students at Harmony School. He referred tca recent newspaper article and
concerns expressed by parents and teachers regarding the takeover by the School
Boards of handicapped children if the bill is passed by the Provincial Government
It is believed that the proposed change would have a serious impact on these
children.
Alderman Chessman stated that the propcsed Bill was aa attempt to
"mainstream" education by including people with "various exceptionalities" in
the educational system. He discussed the needs cf persons at the top and bcttom
l~vels of education, and the ccncerns of parents who believe these meeds are not
being met. He discussed further the three levels of education being introduced
in the secondary schools.
Alderman 3anvsry referred to the upcoming meeting with the Niagara South
Board of Education and suggested that the proposed changes might be included in
the agenda.
ORDERED on the motion of Alderman geighan, seconded by Alderman Janvary that
this matter be referred to the Chief Administrative Officer and Mayor's office
for investigation and a report· Car~r~ed_Unan_____im__ous~ly.
BRIGtIT LIGHTS.& CELEBRATION
Alderman Janvary referred to a Fashion Show, wine and cheese party to be
held at Niagara College on Tuesday, January 24th, 1984 at 8:00 p.m. 8he
encouraged attendance by people from Niagara Falls.
MEETING - FEDERAL & PROVINCIAL REPRESENtAtIVES
The Chief Administrative Officer referred to the p~oposed meeting with the
Federal and Provincial representatives to discuss matters of mutual interest.
He requested that me,.hers of Council submit items to be discussed.
Ilia Worship Acting Mayor Cummings advised that this would- be an open
meeting. He stated that a general discussion would be of benefit to the City.
LOCAL COUNCIL OF WOMEN
Alderman Coville referred to the scheduled meeting of the local Council of
Wome~ at the ~rummend Hill Presbyterian Church, on-January 26th, 1984, arranged
by the ~nvironment Committee ~of the Local Council of Women·
It was moved by Alderman Chessman, seconded by Alderman Baker, that the
meeting adjourn.
TED,
· ACTING MAYOR ~
FIFTH MEETING
Committee Room #1
January 30, 1984
COMMITTEE OF THE WHOLE
Council met on Monday, January 30th, 1984 at 7:00 p.m. in Committee of
the Whole. Ail members of Council were present. Alderman Keighan presided
as Chairman.
Following consideration of the items presented the Committee of the Whole
arose without reporting.
READ AND
~LE~
· " ACTING ~'~ING
REGULAR MEETING
Council Chambers
January 30, 1984
Council met On Monday, January 30th, 1984 at 7:30 p.m. for the purpose
of considering general business. All members of Council were present. His
Worship Acting Mayor Patrick Cummings presided as Chairman. Alderman Keighan
offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger,
that the minutes of the meeting held January 23rd, 1984, be adopted as printed.
Carried Unanimously.
PRESENTATIONS
NORM TUSTIN - RETIREMENT WATCH
His Worship Acting Mayor Cummings advised that Norm Tustin had recently
been presented with a retirement watch. Mr. Tustin joined the City as Arena
Manager on September 1, 1952, a position he hel~ until his upcoming retirement
on January 31st, '1984.
GEORGE WILSON - RETIREMENT'WATC_______~H
His Worship Acting Mayor Cummings presented a retirement watch to George
Wilson. Mr. Wilson commenced emplgyment with the City of Niagara .Falls on
.June 6th, 1946 at the Niagara Falis Arena and transferred to the Parks and
Cemeteries after one year. Since April let, 1955, Mr. Wilson has been a
foreman in the Parks and Cemetery Department. Ne took an early retirement
on December 31st, 1983.
ART THOMPSON - RETIREMENT WATCH
His Worship Acting Mayor Cummings presented a retirement watch to Art
Thompson. Mr. Thomson began employment with the City in May 1941, enlisted
in the Canadian Navy in 1942, was discharged in 1945, returned to the City
Electrical Department until April 1st, 1946 when he was appointed to the Fire
Department. Mr. Thompson was appointed Platoon Chief in November 1970, and
Deputy Fire Chief in December 1975 a position he will hold until his retirement
on January 31st, 1984.
A.L. (LES) JOBEY - RETIREMENT WATCH
His Worship acting Mayor Cummings presented Les Jobey with a retirement
watch. Mr. Jobey commenced employment with the City of Niagara Falls on
February 1st, 1966, as Personnel Director, a position he retained until his
early retirement on November 30th, 1983.
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BOB ANDERSON - 25-YEAR PLAQU~E
Bis Worship Acting Mayor Cummings presented Bob Anderson with a 25-year
Plaque. Bob began employment with the City of Niagara Falls in 1958, in the
Treasury Department, where he has remained.
DEPUTATION
1984 NOTICE OF ASSESSMENTS & 1984 PROPERTY TAXES - AND -
LETTER FROM MALCOLM G. GIBSON, ~
Communication No. 35 - Malcolm G. Gibson - Re: 1984 notice of assessments
and 1984 property _taxes. The communication requests permission to address
Council regarding the,subject matter.
Mr. Gibson,'President of Green Oaks Mobile Homes Ltd., 8223 Stanley Avenue,
reviewed a written handout submission to Council expressing concerns on behalf
of himself and his tenants with regard to the recently received 1984 Assessment
notices. Council was advised that the assessment notices were in error, and
the assessmeet based on the 1980 estimated market value was in error, and not
acceptable. He reviewed sections of the Canada Act, with reference to rights
of citizens. Mr. Gibson replied to questions raised regarding the market and
assessed value of mobile homes, unused acreage, lack of knowledge respecting
the public meetings held to'consider re-assessment under Section 63 of the
Assessment Act, and his intention to appeal the assessment.
The Chief Administrative Officer advised that several articles had appeared
in the local newspaper concerning the re-assessment, that there was no knowledge
of an obligation of the Ministry of Revenue to give notification of the
initiation of the re-assessment, and that there had been general awareness in
the City that re-assessment was being considered..
The City Clerk advised that in addition to publicity in the local
concerning re&assessment, at the direction of City Council 'two adverti$Dments
had been placed in the local newspaper regarding this matter.
Members of Council discussed complaints received with regard to increases
in assessment under the new system. The Chief Administrative Officer explained
the appeal procedure, the opportunity under the new system for property owners
to determine whether the assessment has been based upon a realistic figure, and
discussed the possibility of eliciting further information from the.Assessment
Branch. He expressed the opinion that it would be impossible to reverse the
decision for re-assessment.
A discussion followed respecting property values in urban and rural areas,
as well as a 100% increase in taxes without justification. It was suggested
that information should be requested concerning the legalities of a reversal
of the decision for re-assessment.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that the matter be tabled and referred to the City SolicitOr for col,~eet.
The motion C_arriedwith the following vote:
AYE: Aldermen Baker~ Chessman, Hinsperger~ Janvary, Keighanj O~ "'
and Somerville.
NAYE: Aldermen Coville, K~rrio~ ~r~t~ and ~uttick..
COMMUNICATIONS
No. 36 - Edwin Imhoff - He: Stamford Centre Volunteer Ftremen's Association
Annual Ca~e 13th to 16th, 1984. The communication requests pe~isa~
to hold the Carnival at 8tmmford Green.
Acting Mayor Cummings declared a conflict of interest as a member of the
organization~ and vacated the Chair asking AldeMman Baker to preside.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman,
that the request be approved. The motion' Carried with Actin$ Mayor Cummings .
abstaining from the vote on a conflict of tntere'--'-~t previously recorded, and
all others voting in favour.
-3 -
Acting Mayor Cummings returned to the Chair.
No.37 - Canada Yearbook Services (1980) Limited - Re: Bicentennial Book. The
communication offers to prepare a Bicentennial Book for the City of Niagara
Fails.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that
the communication be referred to the Bicentennial Committee for 'information.
Carried Unanimously.
No. 38 - ~inistr__~of Municipal Affairs & Housing - Re: The Building Code
Amendment Act and The Public Utilities Amendment Act. ~he communication
enclosed Bills 146 and 147 regarding the subject for the information of Council.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that
the communication be referred to Staff. Carried Unanimously.
No. 39 -'Ms. Therese Streckl - Re: Numerous Concerns. Th'e-communication
discusses the City collection of re-useable garbag~ curbside pickup of p~pers,
cartons, etc., requests information regarding voting procedure, and expresses
concern with respect to pedestrian crossings and sidewalks at Mai~ and Summer
Streets.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coville, that
the communication be referred to staff for investigation and a report.
Carried Unanimously.
No. 40 - Regional Ni~ara Social Services De~ - Re: Model by-law. The
communication advises of a meeting scheduled for February 15, 1984 at Regional
Headquarters, at 9:30 a.m. gor discussion of the Model Second Level Lodging
Houses Licensing By-law.
ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the
communication.be received' and ~iled~ and appropriate Staff be authorized to attend
the meeting. Carried U~
No. 41 - Regional Niagara Public Works Department - Re: Water/Sewage Flows by
Municipality. The communication attaches the monthly water and sewage flows
by Municipality report for December 1983.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Somerville,
that the communication 'be received and filed. Carried Unanimously.
No. 42 Junior Achievement of the Ni~ara Feninsula - ~e: "Junior Achievement
Week. lhe c---~munication requests that the week of February 13th to 17th, 1984
be proclaimed Junior Achievement week~ and extends an invitation to visit the
centre on Open House nights indicated in the co~munication.
ORDERED on the motion of Alde%man Somerville, seconded by Alderman Janvary,
that the request be approyed 'subject to established policy. Carried L~animousl~
REPORTS
No. 47 - Chief Administrative Officer - Re: Queen Street/River Road Entrance.
The repert recommends tha~ Council approve the road design posted; and authorize
public advertising of the road impzovements and the closing of a portion of
Cataract Avenue,
CRDERED on the motion cf Aldermam Merrett, seconded by Alderman. Orr, that the
re~ort be received and adopted. Ca__rr__ied___.Unanimous_~l~l
No. 48 - Chief Administrative Officer - Re: O.N.I.P. - Chippewa [ibrary. The
report reco~nends that a Steering Committee be established, comprised of
the Mayor, two Aldermen, Library Board Chairman, Chairman. of the Ruilding
Committee of the library Board, Chief librarian, and Staff.
ORDERED on the motion of Alderman Ketghsn, seconded by AldermaD Btnsperger,
that the report be received and adopted. Car___~r~ed
No. 49 - Chief Administrative Officer - Re: 3787 Sinnicks Ave. (garage).
The report recommer.ds that the Information contained therein be received and
filed for information only.
ORDERED on the mo~ton of ~lderman Chessman, seconded by Alderman Janvary~ that
the report be received and filed. Carri._~e~_U__n~nt~ous_~
No. 50 - Finan__~c~ Co_.._~_i.~t~e__e_- ~e: Finance Committee Reports. The report
-4-
advises that the Finance Committee recommends that Council endorses the
following actions:
1) Workers' Com_~ensation -
That the City purchase on an interim besis catastrophic insurance coverage
from Tzenwick of ~amilton-Bermuda respecting workers' compensation.
2) Employ. ~enefit Program -
That the report on th-~-~mployee benefit program be received for information
purposes.
3) Peach Festival ~rsnt - .
'That an extra su~-~r the 1983 Peach Festival be provided in the amount
of $489.88.
4) 1984 membership for the federation of Canadian Municipalities, and the
~ssociation ~-~unicipalities of Cntario (FCM and A_MO)
That the City pay a 1984 membership fee to the federation of Canadian
Municipalities in the amount of $4,257.60 and the Association of F:unicipalit~
of ~atsrio in the amount of $3,105.22.
5) Niagara Promotion Association, and St. John ~mbulance arena charge reduction
That the request of the Niagara Promotion Association and St. John A~bulance
for an arena charge reduction te denied.
6) Niagara Sympho~y Association request for advertising -
Tha-'--~-t'~-requ-----~s-~' for advertising by the City in the Niagara Symphony
~ssociation program be declined.
7) December 31, 1983, Status of Tsxes -
That th~-r-~por----~-~ the status of taxes at December 31, 1983 he received
and filed for the information of Council.
Alderman Janvary declared a conflict of interest on Item number 2 because
a relative is involved in tbs service.
Alderman Merrett declared .a conflict of interest on Item No. 2 because he
is an Insu~ahce~aaent.
ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that
Items No. 1, 2, 3, 6~ and 7, be received and the recommeedations adopted.
The motion Cerried with Aldermen Janvary ,end. Merrett absta,ining on Item No. 2 '
on conflicts of interest previously recorded; Alderman Keighan voting contrary
on Item ~e. 3; and all others in favour.
ORDERED on the motion of Alderman Cheeaman~ seconded by Alderman Orr, that
Item Nc.. 4(a) F.C.M. membership fee, be tabled and a letter forwarded to the
F.C.M. requesting further information concerning the increased fee.
Carried Unanimousl_~f
ORDERED om the motion of ~lderman Chessman, seconded by Alderman Ba~er.,
that Item No. 4(h) A.M.C. membership fee be received and adopted.
farried__Unanimous_~~
ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that
Item Nc.. 5 be received and adopted? - -' :
The motion Carried with. the following vote:
AYE: -Aldermen Baker, Cheesman, Coville, Binsperger, Janvary, Keighan, Kerrio,
Merrett, Orr, and Somerville.
NAYE: Alderman Puttick.
No. 51 - Finance Co~ittee - Re: 1984 Municipal Insurance Program, The report
advises that the Financ-~--Committee recommends that ~Ouncil endorse the following
1) The 1984 t~surance coverage per the accompanying report at a cost of $134,5f
2) The increase in liability coverage from $~ million to $5 million at a coat
of $5~293 for 1984.
Alderman Merrett declared a conflict of interest because he is an insuranc~
Alderman Somerville declared a conflict of interest because he is involved
as a member of the Fire Department.
Alderman gerrto requested further information regarding the breakdown on
the first recommendation, in connection with the liability to collision in~uranc
The City Treasurer gave further explaination regarding the insurance covorage,
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker,
that the report be received and adopted. The motion Carried with Aldermen
Merrett and Somerville abstaining on conflicts of interest previously, recorded
and all others voting in favour.
No. 52 - Finance Committee - Re: 1984-88 Capital Budget. The report recommends
that Council approve the 1984-88 Capital Budget.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
No. 53 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends payment of the accounts in the aggregate amount of $392,133.05 for
the one week period ending January 30th, 1984.
Alderman Hinsperger declared a conflict of interest on Cheques No. 23096
and No. 23097 as an employee of the company.
Further information was provided for Cheques No. 23083, 23133, and 23157.
ORDERED on the motion of Alderman Somerville, seconded by Alderman Coville,
that the report be received and adopted. The motion Carried with Alderman
Rinsperger abstaining from the vote on Cheques No. 23096 and 23097 as previously
recorded, and all others voting in favour.
No. 54 - Chief Administrative Officer - Re:
Plan 195 of the former Township of Stamford.
1)
2)
Disposal of Laneway on Registered
The report recommends the following:
That Council pass the by-law appearing on to-night's agenda to repeal By-law
83-207, being a by-law to designate a one foot reserve as part of a l~ne on
Registered Plan 195 for the former Township of Stamford; and
That Council pass the by-law appearing on to-night's agenda to amend By-law
84-7, being a by-law to authorize an application under the Registry Act for
the closing of the aforesaid lane.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that
the report be received andadopted. Carried Unanimously.
See By-laws No. 84-32,
and No. 84-33.
No. 55 - Chief Administrative Officer - Re: General Committee of Council. The
report recommends that the By-law to amend the Procedural By-law appearing
later on the Council agenda be passed.
ORDERED on the motion of Alderman Kerrio,'seconded bY Alderman Somerville, that
the report be received and adopted. Carried ~
~ No. 84-25.
No. 56 - Chief Adminis_~trative Officer - Re: Canada Work~ Program. The report
recommends that the information be received.
ORDERED on the motion of Alderman Kerrio, seconded b~ A%derman Orr, that the
report be received and'filed. ,Ca¥~ied Unanimousl .
No. 57 - Chief Administrative Officer - Re: Scheduled meetings for February,
1984. The Chief Administrative Officer presented a. verbal report regarding
moo'tings which Council had requested be scheduled with Federal and Provincial
Government representatives. He requested information from Council regarding
topics to be included in the agendas for the meetings.
Alderman Chessman suggested that consideration might be given acid rain
and Niagara River pollution.
Meetings have been scheduled for February 20th, 198~ at 8:30 p.m. with
Mr. Vinos Kerrio, M.F.P., and on 8aturday~ February llth, 1984 at 10:00 a.m.
with Mr. A.A. MacBain~ M.P.
ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the
information be received and filed. Carried Una~
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BY-LAWS
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville, that
the following by-laws be now read a third time:
No. 83-257 - A by-law to authorize the road rehabilitation of Caledonia Street
from Dunn Street to Dorchester Road.
No. 83-258 - A by-law to authorize the reconstruction of Buchanan Avenue from
Ferry Street to Murray Street.
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:
No. 84-25 - A by-law to amend By-law'No. 72-148, as amended, to provide for the
Standing Rules of Council.
No. 84-29 - A by-law to amend By-law No. 75-173 being a by-law to provide for
the remuneration of the members of the Committee of Adjustment and
the Board of Plumbing Examiners for the City of Niagara Falls.
No. 84-30 - A by-law to amend By-law No. 6328, 1963, as amended, being the
Plumbing By-law.
No. 84-31 - A by-law to amend the Redevelopment Plan for the Chippawa
Redevelopment Area.
No. 84-32 - A by-law to amend By-law No. 84-7, being a by-law to authorize an
application under the Registry Act fop the closing of the lane
shown on Registered Plan 195 for the former Township of Stamford,
now in the City of Niagara Falls.
No. 84-33 - A by-law to ~epeal By-law No. 83-207, being a by-law to designate
part of Block B according to Registered Plan 195 for the former
Township of Stamford as part of the lane 'shown on the said plan.
No...84-34 - A by-law to provid~ for the levy of' rates to pay the principal and
interest on debentures of The Regional Municipality of Niagara and
the principal amount of $800,000.00 issued for the purposes of The
Corporation of the City of Niagara Falls.
No. 84-35 - A by-law to authorize a contract of insurance for Workers' Comf
coverage.
No. 84-36 - A by-law'to provide monies for general purposes.
The motion Carried with Alderman Hinsperger abstaining from the vote on By-law
No. 84-36, on a conflict of interest previously recorded In Report No. 53, and
all others voting in favour.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker, ~hat'
the following by-laws be now read a second and third time:
No. 84-25 - A by-law to amend By-law No. 72-148, as amended, to provide for the
Standing Rules of Council. ,
No. 84-29_ - A by-law to amend By-law No. 75-173 being a by-law to 'provide for the
remuneration of the members of the Committee of 'Adjustment and the
Board of Plumbing Examiners for the City of Niagara Falls.
~. 84-30 - A by-law to amend By-law No. 6328~ 1963, ae amended, beins the
Plumbing By-law.
~o. 84-31 - A by-law to amend the Redevelopment Plan for the Chippawa '
Redevelopment Area.
- 7 -
No. 84-32 - A by-law to amend By-law No. 84-7, being a by-iaw to authorize an
application under the Registry Act for the closing of the lane
shown on Registered Plan 195 for the former Township of Stamford,
now in the City of Niagara Falls.
No. 84-33 - A by-law to repeal By-law No. 83-207, beinga by-law to designate
part of Block B according to Registered Plan 195 for the former
Township of Stamford aa part of the lane shown on the said plan.
No. 84-34 - A by-law to provide for the levy of rates to pay the principal and
interest on debentures of The Regional Municipality of Niagara and
the principal amount of $800,000.00 issued for.the purposes of The
Corporation of the City of Niagara Falls.
No. 84-35 - A by-law to authorize a contract of insurance for Workers' Compensation
coverage.
No. 84-36 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Hlnsperger abstaining from the vote on By-law
No. 84-36, on a conflict of interest previously recorded, and all others voting
in favour.
RESOLUTION
No. 8 - MERRETT - JANVARY - RESOLVED that a message-of condolence be forwarded
~to the family of the late Mr. Haldane MacDonald, a respected resident of the
Toronto area, and father of Mr. John MacDonald of the Recreation Department;
A~D the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NEW BUSINESS
MUNICIPAL INSURANCE PROGRAM - 1984
Alderman Kerrio referred to Report No. 51 concerning the 1984 Municipal
Insurance Pr6gram, particularly with respect to the increase im liability
coverage from $2 million to $5 million at a cost of $5,293 for 1984. ~e City
T~easurer replied to questions raised. He advised that the City has a good
safety experience, and further that the City is covered for replacement value
if there is a total write-off.
'Alderman Kerrio requested further information regard{gg the matter.
MISS TEEN NIAGARA - TINA ~EHTONEN
Alderman Puttick referred to the Miss. Teen Niagara 'Contest which was held
at the Park Hotel on Saturday,' January 14th, 1984, and requested that a letter
of cqngratulations be forwarded to the winner, Miss Tins Lehtonen.
His Worship Acting Mayor Cummings advised .that a letter of congratulations
had been forwarded from his office.
ASSISTANCE OF..B.I.G. IN PROCESSING APPLICATIONS - GOVERNMENT SUBSIDIES
Alderman Puttick advieed that the staff of the B.I.G. Agency was working
on an application submitted by Whitewater Waterslide, 7430 Lundy'e Lane for
government assibtance. -He, suggested that because of the opposition that 'would
be generated because 9f. the~re-zonin$ application, it might not be, in the.best
interest of staff ~o spend an. inordinate amount of time on this matter.
~EGION~L COUNCILLOR P. $OBOL
Alderman Coville referred to a communication from Regional Councillor
Peter 8obol dated January 27th, 1984, regarding a recent article in the local
newspaper whtch'dtscuesed lack of communication between municipal and regional
Council. Councillor Sobol suggested that a portion of a Council meeting once
each month be designated for the discussion of Regional matters.
.8
: !iff', i., i ~
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A brief discussion followed and it was suggested that a good part of the
discussions in Council are connected with the Region. Alderman Chessman
stated that the request would be ,,procedurally impossible".
ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the
communication be received and filed, with appreciation, and further, that
Regional Councillors would be contacted whenever necessary for discussion
purposes. Carried Unanimousl_Y.
ACTIVI_._____TIES OF ACTING MAYOR CUMMINGS
attendance at a recent
His Worship Acting Mayor Cummings discussed his ~
Buffalo Sabres hockey game, Miss Teen Niagara Contest, and Stamford Presbyterian
Church A~niversary.
Actins Mayor Cummings advised Council of a recent meeting between ~
Mr. Curtis Sliwa of the Guardian Angels, the Chief Administrative Officer,
Superintendent J- Noody, of the Regional Niagara Police Department, and himself.
Ne expressed a personal opinion that th~ Guardian Angels were not required in
this municipality.
REGIONAL NON-UNION SALARIES
Alderman Keighan initiated a discussion with regard to a proposal for a
substantial salary increase for non-uniOn employees in 1984, and a scheduled
meeting at Regional Council on Thursday, February 2nd, 1984 for consideration
of the matter. Members of Council discussed percentage increases on the upper
and lower levels of the salary scale. It was generally agreed that a policy
of restraint, should.h~matntained.
ORDERED on'the motion of Alderman Kerrio, secondedby Alderman Cheesman~ that
.the Council of the City of Niagara Falls indicate to the Council of the Regional
Municipality of Niagara that it is prepared to practice restraint respecting
our upcoming negotiations and anticipate that the Regional Council will do the
same~ and further that the Region be requested to table the discussion
respecting non-union proposed salary increases scheduled ko be heard
February 2nd~ t984, until the Finance Committees of the Region and City have
an opportunity to conduct a meeting to discuss the entire matter. ' The motion
Carried with the following vote:
AYE: Aldermen Baker, Cheesm~n, Coville, Hinsperger, Janvary, Keighan, Kerrio,
Merrett,' Orr, and SomerVille.
NAYE: Alderman Puttick.
FUTURE INDUSTRIAL WASTE DISPOSAL SIT~
Alderman Coville referred to the ~ecent communication from Councillor
Peter Sobol and the possibility of inV%ting him to attend the next meeting of
Council for a discussion regarding waste management.
Councillor W. Smeaton approved the suggestion of Alderman Coville. He
referred to a future decision to be made by the O.W.M.C. regarding an industrial
waste disposal site, the oppesition of this municipality to having the site
located in this area, and the scientific data required to reach a favourable
decision on the location. Councillor Smeaton suggested that a meeting might be
scheduled with Councillor Sobol and the E.A.C. Cc~mittee to conside[ up-to-date
information and future plans.
ORDERED on the motion of Alderman Co'ills, seconded by Alderman Kerrio~ that
Councillor Sobol he invited to attend the next meeting of City Council fpr a
discussion concerning a future industrial waste disposal' site.
Carried Bnanimousl .
RE~ASSESSMEN~T
Alderman Janvary discussed methods whereby information is forwarded to
residents of the area, and expressed concern regarding this matter, particularl
-in connection with the recent re-assessment under Section 63 of the Aa~tle~tot
Act.
-9 -
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cheesman,
that the Chief Administrative Officer contact the Ministry of Revenue with a
view to holding additional open house sessions in the area to advise residents
concerning re-assessment. Carried Unanimously_L
It was moved by Alderman Puttick, seconded by Alderman Merrett, that the
meeting adjourn. Carried Unanimously__._.__._~.
SIXTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
February 6, 1984
Council met on Monday, February 6th, 1984 at 7:00 p.m. in Commi[tee of the
Whole. All members of Council were present. Alderman Baker presided as
Chairman.
Following consideration of the items presented the Committee of the Whole
arose to report in open Council.
Council Chambers
February 6, 1984
Council met on Monday, February 6th, 1984 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present. His Worfhip
Acting Mayor Patrick Cummings presided as Chairman. Alderman Baker offered the
Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that
the minutes of the meeting held January 30th, 1984, be adop~ted as printed.
Carried bS~antmousl ·
DEPUTATIONS
MR. B~YCE ADAMS -.CANADIAN RACING PLATE OPERATIONS
Mr. Bryce A~ams, 4966 Hamilton Street, reviewed a petition which had been
signed by concerned residents in the area, with the ~emand" that the City of
Niagara Falls establish a noise by-law for industries. Particular reference
was made to the noise and vibrations emanating from the Canadian Racing Plate
operations. Mr. A~ams expressed the opinion that the operation of the industry
should he controlled, that he had been in conversation with the~citizen who had
laid a charge against the Canadian Racing Plate, as well as with a representa-
tive of the Ministry of the Environment who had referred him back to the City.
During the discussion that followed, the Chief Administrative Officer
.offered to have a further discussion with Mr. Adams in the Administrative
Office to review past actiom taken to resolve the problem, and to explain
the local.noise by-law. Council was advised that a charge had been laid under
the Municipality's noise by-law, and the matter was currently before the Courts.
The Chief A~ministrative Officer further advised that the it would be necessary,
under the by-law, to define the noise level, and that the Ministry of the
Environment has the equipment required for the measurement of decibels of noise.
He stated that under current legislation the Ministry of the Environment could
take action to resolve the situation.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that
the Chief Administrative Officer contact the Ministry of the Environment with
a request that the regulations be enforced, and further, that a report be
submitted at a meeting with the Provincial representative om February llth,
1984. Car___ried Unanimous_~u_~s~y.
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REGIONAL COUNCILLOR PETER SOBOL - AND -
ONTARIO WASTE MANAGEMENT CORPORATION~
Councillor Sobol, as Chairman of the Ecological & Environmental Assessment
Committee (E.E.A.C.) of the Region, discussed the formation and functions of
this Sub-Committee which comprises representatives of the area with expertise
required to study and submit reports based en referrals regarding environment-
al conditions. He discussed the hazardous waste generated, treated and
located in the area, as well as the need for an industrial waste facility
in the Province. Councillor S0bol suggested the formation of an E.E.A.C.
Sub-Committee in the City of Niagara Falls to assess and publicize technological
information. He suggested that the ad hoc Committee might be expanded to
include residents with background and expertise to meet with other greups in
the area fer the development of a "role strategy". It was suggested that the
issues of fear, contrels, £nput~ safety, and a public trust fund for clean-up
of environmental problems must be addressed. Couecillor Sobolreplied to the
questien raised by Alderman Orr, that he was "definitely not" in favour of
the industrial site being located in the Niagara Region.
Mrs. Leslie Daniels, Chairperson of the Sub-Committee of the E.E.A.C. of
l~egional Planning discussed questions raised regarding ~he technp~ogy being
utilized by the O.W.M.C., the updating of techniques when necessary, and
expressed concern regarding possible problems encountered under specified
standards of eperation. She stressed the need for tasting and the enforcement
of regulations.
Mr. Rick Brady of the Regional Planning Department, and Secretary of
E.E.A.C. advised that he had attended the O.W.M.C. meeting which was held in
Willeughby Township to discuss the location of an industrial waste site in
the Golden Horseshee area.
ORDERED on the motion of Alderman Chessman, secoeded by Alderman Coville,
that this matter be forwarded to the next meeting of the Municipal Works
Committee to discuss the formation of a nucleus for a municipal E.E.A.C.
to study the question. Carried UnanimouS_~
MARKET VALUE ASSESSMENT - A~D -
REPORT OF THE CHIEF ADMINISTRATIVE OFFICER
Report No. 58 - Chief Administrative Officer - Re: Re-assessment of the City
of Niagara Falls~63 of the Assessment Act. The report reviews
the statutory authority for the implementationof r.e-aesessment for the City of
Niagara Falls on a '~narket value" assessment; discusses the recent inception
of section 63 of the Assessment Act; attaches a letter from the Minister of
Revenue denying the reversal of reassessment for Sault itc. Marie; submits the
suggestion of the Regional Assessment Commissioner that unresolved inquiries
be directed to the Regional Assessment Office; and reconanende that the
information be received and filed for the information of Council.
Mr. Glenn Watts, 3424 Beechwood Road, R. R. #1, Niagara Falls, discussed
the exorbitant increase in the taxes of residential homeowners as a result of
the recent implementation of market value assessment; stated that the rural
rate does not justify the increase; referred to the possibility of senior
citizens and long time family homeowners being forced to ~el'l; and reviewed
the appeal procedure with the attendant legal costs. Mr. Watts requested that
Council pass a resolution to rescind market value assessment in the City of
Niagara Falls.
Mr. Anthony Okinczye, 7838 Oakwood Drive, referred-to his long time
residency in the City, the excessive tax increases on his two properties over
the past few years, lack of City cervices in the rural area, difficulties
caused by the levelling of a neighbour's property, and lack of knowledge
regarding the discussions and implementation of re-assessment.
Cc~munication No. 43 - L. & Ruth Siedersber er - R~: Re.assessment. The
comunication'requests e hearing at Council. Mr. Siedersberger, owner of
industrial property on Stanley Avenue,'.known'as Niagara Enterpr. iseei":leaein$; to
small businesses, discussed the cost of attracting businesses from overseas to
-3-
area; referred to the lack of financial assistance to small businesses which
are the "backbone of the economy"; and compared governmental wage restraint
policies with the exorbitant tax increases. He stated that he charges his
tenants a "reasonable rent", and requested the same consideration with respect
to his taxes. In reply to questions raised, Mr. Siedersberger stated that he
had contacted the Regional Assessment Branch regarding his assessment, and
had been told that they were "too busy" and had no time to visit and talk with
him. He objected to being assessed on the contents of property leased by him
to small industries.
- AND-
Communication No. 44 - John Grime & ~ - Re: 1983 Notices of
Assessment & 1984 Property Taxes. The communication received from representa-
tives of the Kent Avenue Industrial Park Tax Payers Association, advises that
a formal presentation would be made to Council concerning the subject matter.
Mr. John Grime, 5000 Montrose Road, Niagara Block Company L{d~, discussed
the "unique" situation of the company, which competes with similar industries
within a 50 mile radius paying $11,000 to $13,000 property tax ~tes co~p~red ~ith
t~he $1~.,000.~of Niagara Block in 1983. He further stated that the re-assessment
would ~ore than double" the tax rate, preventing progress and job creation
ab£1ity.'-'Mr. Grime further discussed the land acquired for storage and parking
purposes rather than for speculation, and increased expense caused by metric
conversion. He stated that the 1984 taxes would force small businesses to close
or to declare bankruptcy. Mr. Grime advised that the Regional Assessment Branch
had been contacted, an error had been found, and the assessment reduced.
However, he expressed the opinion that the assessment was still double, the
1983 assessment, and too high,
Mr. Dick Harrington, 6381 Stamford Gree~ Drive, discussed the contacts he
had received from citizens expressing concern over the increased assessment,
and his subsequent contacts which had.elicited information with respect to
municipalities that had Cried to have re-assessment rescinded, and been denied.
He referred to the inadequacies and inaccuracies resulting from the assessment
of homes and businesses "eh masse". Mr. Harrtngton discussed Council's lack
of access to fulkinfOrmation prior to making the decision in favour of market
value assessment. He suggested a petition to the Ontario Government in
co-ordination with other municipalities. Mr. Harriniton asked Council to
rescind the motion for re-assessment.
Mr. Gabe Mallouk, representing the Downtown Business Assiation, made
reference to the high taxes paid by downtown merchants In fprmer years and
expressed appreciation to Council for the decision to equalize tax rates
through re-ass'essment. He stated that the downtown business men have homes
in the subdivisions where tax assessment has increased. Mr. Mallouk further
stated that to rescind the resolution would b~ a "great error".
- AND -
Communication.No. 45 - Malcolm .Gibsoni Green Oaks Mobile Homes Ltd. - Re:
Re-assessment. The communication, "Without Pre~udice", questions the purpose
of' City Council in passing the resoluttbn for re-assessment, discusses the
subsequent concern with respect to the new assessment, and questions the
credentials of the Assessors and the source of the assessment values. It
is requested [hat the lic~nce fee system of taxation remain in effect on
mobile homes at 8~23 Stanley Avenue, and further, that the resolution for
re-assessment be rescinded. Mr. Gibson addressed Council, without prejudice,
and referred to section 320, sub-section l(c) of the Criminal Code
The City Clerk explained the pr~vision under the Municipal Act which
provided for the licensing of mobile home parks by the Municipality. However,
under the new system, he;stated~that thts:~procedure had ceased.
Mr. Dave Rosier, of the Regional Assessment Branch, advised {hat the
question of mobile homes had been in the Courts for a number of years, and
further, that a decision had been made for permanency.of structure where the
wheels had been removed and the homes placed on a site.
&nsec citizens present who expressed their concerns regarding the
-4 -
increased assessment were the following: Mr. Horst Peglow, 6721 Demetre Crescenl
Paul Hallmann, 6923 Waterloo Drive; FerminO Susin, 12435 Niagara River Parkway;
Reg Wall, Reg's Candy Kitchen; Mr- Herman Hoffm~n, 4847 Buchanan Avenue;
Mr. F. Zaniol, 4343 Pettit Avenue; Mr. Duncan Graham, Autoland Chrysler Ltd.;
Eric Bonn, 85~2E~w~m~i~n~ An~g~?sRPe~ ~t~e~nA~!~t~,
Ray Wilson, 8 ...... inlan 6151 Arad Stre ;
awson Street; ~lcnaei ~u , . .
Joe Cuviello, 6628 D · - - ~rv Towne 6960 Brant Avenue; W~ll~am
Barbara Lawrie, 5408 Ontario avenue, ---~ ,
Smeaton, 5814 Mouland Avenue; Glenn Gandy, General Manager, Chamber of Commerce;
G. Dekker, President of Metro Paper Box Ltd., 4497 Kent Avenue; Guy Paone,
La Gondola Restaurant, 7891 Portage Road; Edison Sherar, 6146 Brookfield Avenue;
Mike Matwijow, E.S. Fox Ltd., Welland; and other concerned residents.
Mr. Rosier replied to questions raised with respect to appeal procedure~
Be advised that there had been 1250 iB~uiriem, Wh$ch had resulted in ~0% being
satisfied, and 50% requiring further action. On behalf of the Assessment Branch
he offered to visit properties on request. He advised that market value is a
"fair system", that tax assessment reductions are absorbed in the 2% built in
"cushion", and this percentage represents 2% of the total assessment of the
municipality. Mr. Rosier explained that~the evaluation approach regarding
vacant property was changed from the 1940 cost level to market value at the
1980 level, and that this represented a 40 years' difference in economics and
construction. He further explained the two approaches to assessing as
income profitability or replacement value.
A discussion followed with points raised regarding public notification
of re-assessment, inequalities in the former assessment system, the unanimous
agreement of Council to the impact study and the 7 to 5 majority vote for
the implementation of re-assessment, as well as Council members' lack of
knowledge respecting the assessment on their own individual properties.
The following actions which might be taken to resolve the situation were
considered: rescinding the resolution for re-assessment; a moratorium to
allow time for further consideration; and the possibility of a change in the
Assessment Act regarding the evaluation of vacant property that is landloeked,
or vacant land purchased for expansion and not speculation.
ORDERED on the motion of Alderman Coville;.Lseqonded by 'Alderman Kerrio,-that%
the motion for market value assessment be rescinded and the former system of
assessment be returned. The motion was Defeated with the f'ollowing vote:
AYE: Aldermen Baker, Coville, Kerrio, and Somerville.
NAYE: Aldermen Chessman, Hinsperger, Janvary, Keighan, Merrett, Orr, and
Puttick.
A further discussion followed regarding th~ excessive assessment increases;
the depressed economy sad the difficulty encountered in making tax payments;
the penalty for tax arrears; and the necessity of tax collection for operating
expenses in the City. A phasing in process for tax payment was considered, as
well as a study to ascertain the impact of the changes, and Alderman Baker
suggested a removal of the penalty for tax arrears in .particular circumstances.
Concern was expressed for future business coming to the community.
Acting Mayor Cummings urged that citizens who disagreed with the assessed
values should submit an immediate appeal to the Regional Assessment Branch.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that
a delegation to include Acting Mayor Cummings, contact the Ministe~ of Revenue
to discuss the concerns expressed by citizens of the Municipality, and to
suggest alternatives including a moratorium, a phasing in process, remission
of penalties, and interpretatioo of non-speculative vacant lands. The motion
Carried with the following vote:
AYE: Aldermen Baker, Chessman, Coville, Hinsperge~, Oanvary, Keighan, Kerrio
Merrett, and 8omerville.
NAYE: Aldermen Orr, and Puttick.
ORDERED on the motion of Alderman Baker, seconded by Alderman Coville, that
Staff be authorized to investigate alternatives for the phasing in of new taxes
· for this year, and the impact of penalties on arrears, and report back to
Council. The motion Carried with the following vote:
AYE: Aldermen Baker, Chessman, Coville, Hinsperger, Janvary, Keighan, Kerrio,
Merrett, Putttck, and Somerville.
NAYE~ Alderman Orr.
-5 -
Alderman Somerville retired from the meeting.
Council adjourned for a five minute break, and then returned to the Council
Chambers for the balance of the Regular Meeting.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Coville,
that the meeting proceed past 11:00 p.m. The motion Carried with the following
vote:
AYE: Aldermen Baker, Coville, Hinsperger, Keighan, Merrett, Orr, and Puttick.
NAYE: Aldermen Cheesman, and Kerrio.
DEPUTATIONS
MR. R. A. WOOD - HAWKER & PEDLAR LICENCE
Communication No. 46 - R. A. Wood - Re: Hawker & Pedlar Licence. The
communication outlines a proposal for selling specialty advertising products
to customers in Niagara Falls.
Mr. Wood addressed Council and advised that he intended to buy novelties
and sell them to local stores.
Mr. Glenn Gandy, Chamber of Commerce, advised that he had discussed the'
matter with Mr. Wood, and had recommended the approval of Council for a Hawker
& Pedlar Licence. He referred to the novelties being received in Niagara Falls
from outside sources at the present time. Mr. Gandy further advised that Mr.
Wood had joined the Chamber of Commerce and wished to become a part of this
community.
Following further discussion, during which Mr. Wood expressed the desire
to withdraw his application, it was moved by Alderman Baker, seconded by
Alderman Chessman, that the communication be received and filed.
Carried Unanimously.
1984 N.H.L. SLO-PITCH TOURNAMEND - AND -
REPORT OF FINANCE COMMITTEE
Report No. 59 - Finance Committee - Re: 1984 NHL SIc-Pitch Tournament.
report recommends that 'Council provide a $7,900 grant the NHL SIc-Pitch
Tournament Committee to operate the 1984 tournament and that the City
participate to the extent of $6,000 in wages and arena rentals for the
tournament.
The
Mr. Pon Sunstrum and Mr. Dave Lamb, members of the Liaison Committee with
the NHL Tournament, submitted a video presentation of the 1983 Tournament in
Niagara Falls. Mr. Sunstrum reviewed.~he written submission attached to the
report.
Mr~ Lamb replied to questions raised regarding the responsibility taken by
Molsons in the tournament. He advised that a request'is being made for
administrative costs.
Following a brief discussion regarding the organizations that were involved
'in the tournament in 1983, it was moved by Alderman Puttick, seconded by
Alderman Kerrio, that t~e 'report be received and adopted. Carried Unanimously.
COMMUNICATIONS
No. 44 - John Grimo & Doug Ingham - Re: 1983 Notice~ of Assessment & 1984
Property Taxes. The communication refers to a formal presentation to be made
at Council, and was discussed previously in the meeting.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Coville, that
the communication be received and filed. Carried Unanimously.
-6 -
_ District Airport Commission - Re: 1984 Budget. The
No. 47 Nia ara ol~rx~ ~o~ ~~atements of the Commission, and
the proposed 1984 Budget for consideration.
ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger,
that the communication be referred to the Finance Committee for consideration.
Carried Unanimously.
No. 48 - Ontario Sewer & Watermain Contractors Association (OSWCA) - Re:
Tender Practices in the City of Niagara Falls. The cormmunication discusses
the policy of awarding tenders to the low bidder except in cases where the
low bidder is informal or unacceptable for reasons outlined in the tender
documents and in accordance with generally accepted tender practices.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hinsperger,
that the communication be received and filed. Carried Unanimously.
No. 49 - Re$tonal Niasara Planning & Development Departme.nt - Re: Status
Report on O.W.M.C. The communication attaches Memo 1004, which provides a '
status report on the OWMC's activities and reviews the response in the local
municipalities in Niagara. Memo 1012 is a further attachment, which surveys
the views of local industry in Niagara.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman CoNille, that
the communication be received and referred to the E.E.A.C. [o be organized,
and further that a copy of ~he City of Niagara Falls brief regarding the
proposed industrial waste site to the O.W.M.C. be forwarded to the Regional
Niaggra Planning & Development Department. Carried Unanimously.
No. 50 - Greater Niagara General Hospital - Re: Financial support for campaign
via payroll deductions. Th~ communication requests the approval of Council to
solicit support of a campaign for equipment funds through City payroll
deductions.
ORDERED on the motion of .Alderman Cheesman,' seconded by Alderman Kerrio, that
the communication be referred to Staff for comments on the ability of existing
equipment to accommodate further payroll deductions. Carried Unanimously.
No. 51 - Chamber of Commerce - Re: Appointments.to Board meetings. The
communication requests the appointment of a Council member to the Chamber of
Commerce Board, and one alternate member.
ORDERED on the motion of Alderman Keighan,' seconded~by Alderman Hineperger, '
that the Mayor and Alderman Merrett be appointed.'
Carried Unanimousl~..
No. 52 - The Salvation Arm~ - Re: Campaign for Funds. The communication
requests permission to canvas the City of Niagara Falls for funds on April 30tl
1984.
ORDERED on the. motion of Alderman Hinsperger, seconded by Alderman Baker, that
the communicakion he received and the request granted. Carried Unanimouel~.
REPORTS
No. 60 - Municipal Works' Committee - Re: Ramada Inn Proposal - Buchanan Avenu~
The report recommends that the attached report be received and filed and the
necessary advertising for the partial closure of Dixon Street between Main
Street and Buchanan Avenue be authorized.
ORDERED on the motion of Alderman Putttck, seconded by Alderman Hineperg~,
that the report be received and adopted. Carried Unanimously.
No. 61 - Chief Administrative Officer - Re: Contract S.S. 1/84 - Sanitary
Sewer Installation on Dock St., Main St., & Sarah St. 'in the Chippewa O.N.I.P.
Area. The report recommends that the unit prices submitted by the low tendere~
L & N Construction Limited, for contractS.S. 1/84,'be accepted by Council.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Hineperger~
that the report he received and adopted. Carried Unanimously.
See Reeoluti6n No. 9.
~ee B~-law No. 84-37.
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No. 62 - Chief Administrative Officer - Re: Parking on. Gladstone Avenue. The
report recommends that the necessary by-law be passed to prohibit parking on
the westerly side and limit parking to two hours on the easterly side of
Gladstone Avenue between North Street and Emery Street.
ORDERED on the motion of Alderman Coville, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
No. 63 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends payment of the accounts in the aggregate amount of $336,347.15 for
the one week period ending February 6th, 1984.
Acting Mayor Cummings declared a conflict of interest on Cheque No. 23177
since he is the person involved.
Alderman Hinsperger declared a conflict of interest on Cheque No. 23185
since he is employed by the company.
Alderman Cheesman declared a conflict Of interest on Cheque No. 23222
since a relative is employed with the organization.
Additional information was given for Cheque ~23229.
ORDERED on the motion of Alderman Kettle, seconded by Alderman Coville, that
th6 report be received and adopted. The motion Carried with Acting Mayor
Cummings abstaining from the vote on a conflict of interest on Cheque No.
23177 as previously recorded; Aldermen Hinsperger and Cheesman abstaining
from the vote on Cheques No. 23185, and No. 23222 consecutively, on conflicts
of interest.previously recorded; and all others voting in favour.
No. 64 - Chief Administrative Officer - Re: Vacancy in Regional Council. The
report recommends the following: '
1) ~hat Council receive this report for information purposes; and
2) That Council be advised that it must fill the vacancy on Regional Council
created by the resignation of Bill Smeaton by not later than March 31st,
19 4. ,,
Following a brief discussion, it was mo. ved by Alderman Merrett, seconded
by Alderman Qummings, that the report be received and adopted, with the'
inclusion of a third recommendation, that Mr. Edison C. Sherar be appointed
as a.member of the Council of thelRp~lonal Munigipality of Niagara. The motion
Carried with the following vote:
AYE:' Aldermen Baker, Cheesman, ~oville, Hinspgrger, Keighan, Kerrio, Merrett,
Orr, and Puttick.
NAYE: Alderman Oanvary.
No. 65 - Chief Administrative Officer - Re: Remuneration for Acting Director
of Municipal Works. The report recommends that the salary of the Design &
Research Engineer be adjusted by an amount of approximately $425. per month
in recognition of the added responsibilities he has assumed since his appointment
as Acting Director of Municipal Works, the said adjustment to cover the period
from Mar~h 14, 1983 until the position of Director of Municipal Works has been
ORDERED on the motion of Alderman Orr, seconded by Alderman Kettle, that the
report be received and adopted. Carried Unanimously.
No. 66 - Chief Administrative Officer - Re: Position of Director of Municipal
Works. The report recommends that Acting Mayor P. Cummings, the Chairman of the
Municipal Works Committee, Alderman V. Kettle, the Chairman of the Finance
Com~aittee, Alderman C. Chessman, the Director of Personnel and the Chief
Administrative Officer be established as a committee to review the applications
received for the position of Director of Municipal Works and to submit their
recommendations to City Council.
Following a brief discussion, it was moved by Alderman Chessman, seconded
by Alderman Baker, that the report be received and adopted. The motion Carried
with the following vote:
AYE: Aldermen Baker, Cheeeman, Coville,' Hinaperger, Janvary, Keighan, Kettle,
Merrett, and Orr.
NAYE: Alderman Puttick.
No. 67 - Chief Administrative Officer - Re: Appointment of Deputy Fire Chief.
The report attaches a report regarding recruitment of a Deputy Fire Chief,
provides background information on the subject, and recommends the appointment
of Platoon Chief Donald Shapton as Deputy Fire Chief effective February 12th,
198~ at an annual salary of $40,090.
ORDERED on the motion of Alderman Orr, seconded by Alderman Covill~, .that the
report be received and adopted. Carried Unan~
RESOLUTION
No. 9 - KEIGHAN ~ NINSPERGER - RESOLVED that the unit prices submitted by
L & N Construction Limited,--for Contract S.S. 1/84 - Sanitary Sewer
Installation on Dock Street, Main Street, and Sarah Street in the Chippawa
O.N.I.P. Area, be accepted at the low tender amount of $311,038.82; AND the
Seal of the Corporation be hereto attached.
Carried Unanimously.
BY-LAWS
ORDERED en the motion of Alderman Kerrio, seconded by Alderman Hinspe~ger, that
leave be granted to,introduce the following by-laws and the by-laws be read a
first time:
No. 84-37
No. 84-38
The motion
Hlnsperger
previously
- A by-law to authorize the execution of an agreement with L & N.
Construction and Excavating of Niagara Limited for sanitary sewer
installations. (Dock St., Main St., and Sarah St.).
- A by-law to provide monies for general purposes.
Carried with Acting Mayor Cummings, ~nd Aldermen Chessman and
abstaining from the vote on By-law No. 84-38, on conflicts of interest
recorded in Report No. 63, and all others voting in favour.
ORDERED on the motion of Alderman Hlnsperger, seconded by Alderman Coville~ that
the following by-laws be now read a second and third time:
No. 84-37 - A by-law to authorize the execution of an agreement with L & N
Construction and Excavating of Niagara Limited for sanitary sewer
installations. (Dock St., Main St., and Sarah St.).
No. 84-3~8 - A by-law to provide monies for general purposes.
The motion Carried with Acting Mmyor Cummings, and Aldermsn Cheesman and
Hinsperger abstai'------~ing from the vote on By-law No. 84-38, on conflicts of interest
previously recorded, and all others voting in favour.
NEW BUSINESS
REPORT FROM ACTING MAYOR C[/~INGS
His Worship Acting Mayor Cummings advised of a meeting with the Honourabte
David ~mtth, Minister of Tourism regarding matters of mutual interest.
Members of Council were reminded of the upcoming meeting with ~r. A.A. MacBain
M.P.~ on ~aturday, February llth~ 1984, at 10:00 a.m.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Covtlle,
that permission be granted to use the office of Mr. Vtnce Kerrio, M.P.P~, for
the upcoming discussion On Market Value Assessment. Carried Unanimous1 .
SANITARY ~EWER$/LYONS CREEK ROAD
The ~hief Administrative Officer referred to a discussion by the Municipal
Works Committee earlier in the day, regarding the possibility of Petitioning
the Regional Municipality for a sanitary sewers on Lyons Creek R~d.
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ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that
approval be granted for a presentation regarding sanitary sewers on Lyons
Creek Road, at the Regional Council meeting on February 7th, 1984.
Carried Unantmous_~
CIVIC COMMITTEE UPDATE
Alderman Janvary reported on the following:
1) A letter has been received from Margaret Birch, Parliamentary Assistant
to the Chairman of the Bicentennial Committee with the information that
a cheque may be expected in the near future.
2) There will be a meeting on Thursday, February 9th, 1984, at 2:00 p.m. at
the Polish Hall, for a discussion on the Prostitution and Soliciting
problems. Council members were invited to attend the meeting.
3) Alderman Janvary initiated a discussion regarding support of Mayoralty
Candidates. It was pointed out that the Chamber of Commerce will hold a
luncheon for the candidates, and the Kinsmen Club is planning an Ail
Candidates night.
ORDERED on themotion of Alderman Janvary, seconded by Alderman Kerrio,
that the City arrange a forum if a~candidates~ night.has.not, been arranged.
-Carried Unanimously.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett,
that the City Clerk be instructed to contact Mr. Paul Heath of the Kinsmen ~
Club with an offer to assist and share the expense of an All Candidates
Night. Carr~fed Unant~
STAMFORD CENTRE VOLUNTEER FIREMEN' S ASSOCIATION - AND -
MEMORIAL FOR 1812 - 1814 WAR DEAD ~
Alderman Chessman advised that the following communications had been
received:
1) A communication from the Stamford Centre volunteer Firemen's Association
requesting a grant in lieu of taxes; and
2) A communication from the Cairn Committee for the establishment of a
Memorial at Holy Trinity Church~ Chippawa~ for the War Dead of 1812 to 1814.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Merrett~
that the communications be received and referred to the Finance Committee
for consideration. It was further recommended that the second communication be
referred to Staff for investigation and participation in the project. The
motion Carried with Acting Ma~or Cummings abstainin~ from the vote on a conflict
of interest i-----"-~ Item No. 1, because he is involved in the organtzation~ and all
others~voting in favour.
3) Municipal Tax Sales Act of 1983. Members of Council were asked to study
the information and submit questiods for discussion at the next meeting of
: City Council.
It was moved by Alderman Merrett, seconded by Alderman Orr, that the
meeting adjourn.
CLERK
ACTIN~
SPECIAL MEETING
Committee Rooms 2 & 3
February 11, 1984
Council met on Saturday, February llth, 1984 at 10:00 a.m., for the
purpose of discussing items of mutual interest with Mr. A.A. MacBain, M.P.
All members of Council were present with the exception of Aldermen Baker,
Hinsperger, Kerrio, Merrett, Puttick, and Somerville. His Worship Acting
Mayor Cummings presided as Chairman.
A. A. MacBAIN, Q.C., M.P.
His Worship Acting Mayor Cummings advised that the purpose of the meeting
was to take advantage of grants, and to have a better working relationship
with the Federal representative in order that the citizens of Niagara Falls
might benefit.
Mr. MacBain expressed appreciation for the opportunity of meeting with
Council~ and referred to a meeting with the Chairman of the Regional Council
for a discussion on unemployment, ~nd a helicopter plant in Fort Erie, in terms
of a joint effort. He discussed the possibility of a "new High Tech Industry"
to serve Canada and the world hopefully being established in Niagara Falls.
Mr. MacBain stated that millions of dollars were required for the new industry
and the groundwork had been done at the Regional level by the Regional Chairman
and others.
Mr. MacBain commended His Worship Acting Mayor Cummings for the manner in
which Council has been conducting matters during this difficult period of time.
He discussed press coverage and dealing with the media, and expressed the view
that "in the long run if the legislation is right; the wisdom of the people
will prevail and the public will go alongside". He referred to the changes in
the Constitution, and to the 6 and 5 restraint.'program.
The Chief Administratige Officer had requested that he deal with specific
items, i.e., grants for the bleachers in Oakes Park, and Chippawa storm sewers,
and Mr. MacBain advised that these grants had been applied for some time ago.
Mr. MacBain further advised that the applications had not "fitted properly"
into the grant program, and he would not be prepared to discuss the success of
the applications prior to the new Federal Budget next week. Mr..MacBain stated
that he was unaware of items in the 1984 Federal Budget.
Mr. MacBain discussed possible legislation for the problem of prostitution,
and stated that the new Omnibus Criminal Code Amendments Bill would not solve the
p~oblem of prostitution in the major municipalities in Canada. He stated that
the Justice Committee had attempted to obtain a concensus regarding a method
of solving the problem, however, because of lobbying of women's groups the
government had refused to act on the report~ and is currently awaiting the
Fraser submissions.
The matter of Acid Rain was discussed. Mr. MacBain advised that there was
no easy solution to this important problem which required immediate attention.
He stated that Acid Rain would cross boundaries, and the source of a great deal
~f th9 problem is the United States. Mr. MacBain handed out a brief entitled
The Acid Rain Story.
Mr. MacBain referred to the Canada Works and C.O.E.D. programs, and
advised that he had asked the Director of .Buildings & Inspections to file
applications for 1984 grants~ the deadline for filing application being
February 24th~ 1984. He suggested that these programs were designed to
assist the City and students~ and referred to work in the parks, clean-up of
streams, research~ or office work. He referred further, to research taking
place in the Treatment Plant in Chippawa. Mr. MacBain stated that other than
the new High Tech Industry~ applications have been received regarding Oaks
Park, Chippawa Storm Sewer~ and a secondary Treatment Plant. He advised that
he would be willing to set a priority on any new projects or major grant
requests.
In reply to questions raised, Mr. MacBain advised that it was hoped the
location of the New High Tech. Industry would be within the boundaries of
the City of Niagara Falls, under the I.R.D.P. program and feasible through
the Tier I ~est~nation.
-2-
Mr. MacBain discussed government funding for the Club Italia, the Greek
club and the Indian Centre at Niagara-on-the-Lake- He discussed the lack of
government action with respect to street solicitation, and to the effect of
feminist groups who maintain that prostitutes are already the "victims of
Soctety"~ and that the original problems of unemployment, and basic needs
must be solved and thereby resolve the problems of solicitation and prostitution.
Mr. MacBain referred to children and a large percentage of men included in this
situation- Further information will be forwarded regarding this matter.
Further discussion followed regarding the flooding problem and the seats
at Oaks Park. Mr. MacBatn stated that the request for bleacher~seats at Oaks
did not fall within the criteria of the "Make Work Program" because of the
large quantity of materials required for the project. He stated that the
storm sewer was a similar situation.
The Chief Administrative Officer advised that the Personnel Director for
the City would he applying for funding under Experience 1984, programs for
employing summer students. He referred again to the deadline of Fabruary 24th.
regarding the 198~ Summer Canada programs.
In reply to questions raised regarding the problem of street soliciting,
Mr. MacBain stated that Criminal Law under the Constitution is a Federal
matter, and a charge under the guise of selling goods and services would
violate the Constitution. A brief discussion ensued concerning the Fraser
Commission.
Mr. MacBain replied to questions raised regarding the request for funds
with respect to a parking ramp for the People Mover System. He advised that
this was an "expensive" project which had been "put in the works", for further
consideration. He discussed Federal Government funding which had been made
available for projects in the area.
Acting Mayor Cummings requested further information regarding the
Tier I and Tier II designations. Mr. MacBain referred to the 50% - 60%
unemployment in the Province of Quebec, and 20% - 25% unemployment in the Marit!
Provinces. He referred further to the availability of funding under the Tier
designation, and to the seasonable type of industry in Niagara Falls.
Mr. MacBatn advised that a copy of the 198~ Federal Budget would be made
available to the City of Niagara Falls as requested. He referred to contacts
he had made with the B.I.G. and commended Mr. Frank Miele.
Mr. MacBain expressed appreciation f~.r the ~pportunity to discuss matters
of concern with Council. .
It was moved by Alderman Janvary, seconded by Alderman Orr that the
meeting adjeurn to Committee of the Whole. Car_~ried Una~
February 11, 1984
Council met on Saturday, February llth, 1984 at 11:30 a.m. 'in C~lttee
of the Whole followin~ a Special Meeting. Ail members of Council were present
with the exception of Aldermen Baker, Htnsperger, Kerrto, Merrett, Putttck,
Somerville. His Worship Acting Mayor Cummiuse presided az Chairman.
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Following consideration of the items presented, the Committee of the
Whole arose without reporting.
READ AND
CLERK
Committee Rooms #2 & 3
February 11, 1984
Council reconvened in Special Meeting on Saturday, February llth, 1984
following a meeting of Committee of the Whole. All members of Council were
present with the exception of Aldermen Baker, Hinsperger, Kerrio, Merrett,
Puttick, and Somerville. His Worship Acting Mayor Cummings presided as
Chairman.
The meeting adjourned.
READ AND
BRENNAN
CLERK
ACTING MAYOR PATRIC~,'CUMMINGS
SEVENTH MEETIN.G..
Committee Room #1
February 13, 1984
cOMMITTEE OF THE WHOLE
Council met on Monday, February 13th 1984 at 6:30 p.m. in Committee of
the Whole. All members of Council were present- Alderman 3anvary presided
as Chairman.
Foilowing consideration of the items presented the Committee of the Whole
arose without reporting.
READ
PLANNING/REGULAR MEETING
Council Chambers
February 13, 1984
Council met on Monday, February 13th, 1984 at 7:30 p.m. for the purpose
of considering Planning Matters and general business. Ail members of Council
were present. His Worship Acting Mayor Patrick Cummings presided as Chairman-
Alderman Janvary offered the Opening ~rayer.
ADOPTION OF MINUTES
ORDERED on the motion of ~%lderman Hinsperger, seconded by Alderman Orr,
that the minutes of the meeting held February. 6th, 1984, be adopted as printed.
Carried Unanimously..
REPORTS - PLANNING MATTERS
No. 68 - (PD/II/SZ~) - Chief Administrative Officer - Re: AM-19/83 - Official
Plan amendment and zoning amendment application _-White Water Holdings
(Niagara Falls) Ltd., Applicant. The report recommends that the present
application be denied. Hie Worship Acting Mayor Cummings reviewed the
procedure to be followed under the new Planning Act.,
The City Clerk advised-that the proposed zoning amendment would:
1) Change the designation of approximatelY 6.1 acres of land from Residential
tO Tourist Commercial. The purpose of this Tourist Commercial designation
is to permit an expansion of an existing Tourist Cona~ercial use known as
White Water Park.
Change the designation of the same 6.1 acres of lend from DH (Development
Holding) to TC (Tourist Commercial), and the proposal consists of 3 parts:
Part I - The most northerly portion of the area to be zoned TC abuts the
present White Water Park at its most southerly limit. The zoning of this
portiOn of the site to a depth of approximately 393 feet is intended to
permit the development of additional water slide facilities In addition to
the other tourist commercial uses permitted under the TC zone.
- Part II - The central portion of the site is intended to be zoned TC but
limited in its use to parking and recreational uses as defined under
By-law 79-200. The approximate depth of %his portion of the site is 320'.
. Part III - The most southerly portion of the site adjacent to and abutting
a residential development known as Bambi subdivision is to be zoned TC and
limited in its use to landscaping and buffering- It is intended by the
applicant that this area remain in its natural state as a protected wood
lot and buffer area. The approximate depth of this portion of the sets is
lO0u.
The Clerk advised that the P~bli¢ Meeting Notice had been m~iled to
interested persons on January 10th, 1984.
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His Worship Acting Mayor Cummings advised that any persons wishing to
receive further notice of the passage of the zoning by-law amendment should
leave their~ names and addresses with the Clerk.
The Senior Planner referred to the posted diagram of the subject area
discussed the general neighbourhood plan prepared by the Planning Department
to uses for residential purposes, the potential impact of the proposal on
the residential area, and reviewed the property description and the proposed
changes in terms of the positive and negative aspects.
Acting Mayor Cummings requested comments from persons in support of the
by-law. He did not receive a response. In response to a request for comments
from those opposed to the by-law, Mr. Claude Zorzetto, 6187 Delta Drive,
addressed Council on behalf of residents in Bambi Subdivision.
Mr. Zorzetto referred to the purchase of homes in the Bambi Subdivision
under residential zoning, as' well as successful efforts of Council, Staff and
residents to resolve previous problems in the subdivision, and submitted a
petition with 582 signatures of persons opposing the proposed re-zoning
to Tourist Commercial. He reviewed the reasons for opposing the amendment
application as: noise level and loud music past 11:00 p.m.; traffic congestion;
trespassing and picnics on the property of Miss Jean Lundy, 7456 Lundy's Lane;
and an "unfulfilled promise" to build a fence. He referred further to the
destruction of trees, unauthorized parking on property owned by the Ministry
of Transportation, and "distraught neighbours". Mr. Zorzetto discussed the
report of Dr. Norman Pearson dated January 31st, 1984, and related ~urther
expansion to increased problems in terms of noise, pollution, undesirable
lighting, drinking, drugs, and vandalism. Ne referred to the technical
report of the City which discusses water drainage, the Lanmer Fenco Tourism
Report, the closing of the Q.E.W. ramp on Lundy's Lane, the expansion of
existing motels in the area which he suggested was not a result of the White
Water Slide, and the "perpetuity" of the privately owned woodlot. Ma
referred further to the funds expended by the City in anticipation of future
development in the area, and taxes paid by the residents. Mr. Zorzetto
discussed devaluation of property if the proposed expansion was approved,
and reviewed communications from local Real Estate firms which confirmed this
opinion.
Mrs. Alexandra Fass, 7441 Bambi Crescent, discussed the vandalism, noise,
public lewdness, the "youth-oriented amusemenb park atmosphere", the changed
quality'of living experienced by the residents adjacent to the White Water
Slide, and the possibility of the proposed expansion tripling the problems
experienced in the summer of 1983. She stated that the 100' buffer zone does
not exist, that a number of trees had been remov6d and that there was an
"unobstructed view" of the White Water Slide from one home on Bambi Crescent.
Mrs. Fass discussed further the possible recreational uses planned for the
land designated as proposed Tourist Commercial and limited to parking and
recreational uses. She expressed 'the hope that City Council would not approve
the re-zoning application.
Miss Jean Lundy, 7478 Lundy's Lane, confirmed the "intolerable" noise
level and the unsuccessful requests that this be reduced. She expressed
objection to unauthorized picnics, and immoral activities taking place near
her home.
The concerns regarding the extended noise level, traffic congestion and
parking problems were re-affirmed by Mr. C.J. Stevens, 5711 Belmont Avenue,
Mr. Ross Gtllett, 5962 Brookfield Avenue, and Mr. Harold Evans, 6112 Montrose
Road. Mr. Evans expressed further concern regarding umgafe ice in the pool
area which is a hazard to children.
Mr. Donald N. Chapman, Architect, and Agent for the Applicant, gave a
lengthy dissertation with respect to the proposed application for amendment,
reviewed the concerns of the residents, and suggested actions whic~ might be
taken to alleviate the problems. He stated that a cessation of the music
a~d planned earlier closing hour of 10:30 p.m. should be helpful.,, Reference
was made to the woodlot, proposed parking and future recreational area. Mr.
Chapman discussed the vehicular traffic on the nearby Q.B.W., and the berms
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which could be extended into the designated woodlot. He stated that dust would
be of more concern to White Water and was "easy to control". Mr. Chapman
indicated that the buses were not left running in the summer, and further, were
parked 3 to 4 hours, approximately 220 feet away from the Bambi subdivision.
He discussed new fencing to be provided for in the site plan agreement. Mr.
Chapman discussed the concerns of Miss Lundy and suggested that these problems
were encountered in a tourist commercial development, however, he suggested
that a closed fence along the communal boundary might help resolve the situation.
Mr. Chapman stated that parking on M.T.C. lands was undesirable~ and further,
that all of the concerns would not be satisfied, but a '~eaningful effort" should
create "harmony".
Mr. Fred Purvis, President of White Water Park, replied to questions raised
with respect to trees which had been cut in the woodlot buffer zone. He stated
that these were dangerous and oversize. He agreed that.the woodlot could be
deeded to the residents, and that a board fence would be constructed.~.
Following further discussion regarding the devaluation of property in the
area, and the decreased "quality of life", it was moved by Alderman Merrett,
seconded by Alderman Keighan, that the report be received and adopted, and the
application denied. Carried Unanimously.
Council adjourned for a ten minute break, and then returned to the Council.
Chambers for the balance of the PlanninG/Regular Meeting.
REPORTS - PLANNING MATTERS
No. b9 - (PD/10/84) - Chief Administrative Officer - Re: AM-20/83 - Zoning
amendment application - R & P. Soyka, Applicant. The report makes the following
recommendations:
1) That Council approve of the application and that the amending by-law also
be approved subject to the property being placed under Site Plan Control.
2) That, prior to a Pet Grooming use being established on this site, a Site
Plan be approved by the Site Plan Technical Committee.
Hie Worship Acting Mayor Cummings advised that the Public Meeting had been
called to consider the proposed amendment to the zoning by-law.
The City Clerk explained that the application proposes two changes:
1) To amend the designation of the property municipally known as 7167 Stanley
' Avenue from DTC (Deferred Tourist Commercial) to TC (Tourist Commercial).
This designation would permit the property to be used in a wide range of
tourist commercial uses, one of which is a Personal Service Shop.~.
2) To alter the definition of "Personal Service Shop" in the zoning by-law by
adding to it "a pet grooming shop fg~ animals which are kept at all times
within an entirely enclosed building and are not kept overnight". The
.effect of the proposed zoning by-law would be to allow the use of the
property at 7167 Stanley Avenue for a pet grooming shop in addition to all
those uses now permitted .in the Tourist Commercial zone'under the zoning
by-law.
In response to a request for representation from the Applicant, Mr. Paul
Heath, Solicitor, and Agent for the Applicant indicated his presence.
The City Clerk advised that the Notice of Public Hearing was mailed to
interested persons on January 10th, 1984~ and a notice had been placed in the
local newspaper on January llth, 1984.
The Senior Planner explained the proposal with posted sketches, and
described the site description. He advised that Staff was recommending
approval of the application
His Worship Acting Mayor Cummings received no response for comments from
persons in support of the by-law other than the applicant; nor from those
opposed to the by-law.
-4-
Mr. Paul Heath, representing the Applicant, stated that reports had been
filed from the City and Regional Planning Departments, and that he was unaware
of serious opposition. He referred to the conditions suggested in the Regional
report regarding parking availability and expropriation of property, and
requested that the matter be deferred for further discussion with Regional
representatives in order to resolve some of the concerns.
In reply to a question raised, the City Solicitor advised that re-circula-
tion of the petition would be necessary if any changes were made to the
proposed by-law.
ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that
the matter be tabled to the next meeting of the Planning Committee.
Carried Unanimously.
No. 70 - (PD/12/84) - Chief Administrative Officer - Re: File .M~6 rLPropOSed
Provincial Policy Statement on Mineral A~gregate l~source Planning. The report
recommends the following:
1) That the communication to City Council dated January 11, 1984 from the
Foundation for Aggregate Studies be endorsed and that the Honourable Alan
Pope, Ministry of Natural Resources be so informed.
2) That the Region's Planning Report DPD 1702, January 25, 1984 be endorsed.
3) That the Provincial Government, Ministry of Municipal Affairs & Housing, bel!
informed that the City of Niagara Falls endorses the position of the
Foundation for Aggregate Studies and requests most strongly that the
Province delay for further consideration its intended Policy Statement
under Section 3 of the Planning Act on the subject of Mineral Aggregate
Resource Planning Policy.·
ORDERED on the motion of Alderman Keighan, seconded by Alderman Orr, that
the report be received and adopted. Carried Unanimously.
DEPUTATIONS
MR. JOE CUVIELLO - BUS SERVICE ON PETTIT AVENUE
Mr. Joe Cuvtello, 5284 Florence Avenue, represented the residents of the
Dorchester Square subdivision and discussed a petition to the Niagara Transit
Commission which protests the cessation of bus service on Cropp Street and
Pettit Avenue. He stated that there were 141 signatures on the petition;
reviewed previous actions taken concerning this matter; discussed the homes
being constructed in the area and taxes being p~id on each; his investigation
of the schedule of the buses; and advised that people in the subject area did
not wish to take the Chair-a-Van to visit the downtown area or the hospital,
and further that it was considered that this should be a service in response
to taxes being paid.
Mr. George Mowers, Chairman of the Niagara Transit Commission, discussed
an upcoming study to be made of the City bus routes by the M.T.C. to begin on
February 23rd, 1984. In reply to questions raised, Mr. Mowers stated that
the bus was re-routed in December 1983 because of a delay in meeting other
buses in the Main and Ferry Street area, and a resultant loss of customers
who were arriving late at their places of employment. He advi'eed that bus
service costs approximately $100,000 per year, or $16,000 bo $20,000 for two
months; that the Chair-a-Van service had been considered and refused; that
it would take 3 weeks to change the route; and that since a report on the M.T.
study would b~ available in April 1984, a decision on the matter should await
thia report, z
Ms. A. DiMatteo, 4896 Pettit Avenue, referred to the intersection of
'Dorchester Road and Morrtson Street as dangerous, the unsuccessful efforts of
his daughter to meet the re-routed bus; and asked that the bus service on
Petttt Avenue be resumed.
Mr. M. quaranta, 4964 Petttt Avenue, discussed the cos~a related to the
bus service and suggested an increase in fares.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that
the matter be referred to the Transit Commtsaion to be included in the study
by the M.T.C., with a report to Council. The motion Carried with the
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AYE: Aldermen Baker, Cheesman, Coville, Hinsperger, Keighan, Kerrio, Merrett,
Orr, Puttick, and Somerville.
NAYE: Alderman Janvary.
ANNUAL REPORT - NIAGARA TRANSIT
Communication No. 53 - Niagara Transit - Re: 1983 Financial Statement.
The communication attaches the Financial Statements for 1983 and recommends a
fare increase in the amount of .05¢ in all categories of riders.
Mr. George Mowers, Chairman of Niagara Transit, advised that the M.T.C.
would maintain the present level of grants for 1984 as in 1983. He further
advised that the City of Niagara Falls has the second lowest per capita cost
in the Province of Ontario.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the
communication be received and filed. Carried Unanimously-
REPORT OF MANAGEMENT BOARD - CHAIR-A-VAN
Communication No. 54 - Niagara Chair-A-Van - Re: Statement of Affairs. The
communication attaches a statement with respect to transportation of the
physically disabled for 1983, reviews the personnel on the Board of Management,
as well as the service, and the 1983 budget.
ORDERED on ~he motion of Alderman Kerrio, seconded by Alderman Orr, that the
communication be received and filed. Carried Unanimously...
Alderman Somerville Retired from the meeting.
MARKET VALUE ASSESSMENT - AND - PRELIMINARY REPORT OF ACTING MAYOR CUMMINGS
Report No. 7,1 - ActinG Mayor Cummings - Re: Meeting with Honourable Bud Gregory.
The report reviews the meeting in the office of Mr. Vince Kerrio, M.P.P., with
Honourable Bud Gregory, Minister of Revenue, Acting Mayor Cummings, the Chief
Administrative Officer, and the City Treasurer, for a discussion of problems
encountered by the City in the implementation of market value assessment. The
report advises that the Province would not look favourably on a request to
return to the former assessment, and had not in the past reversed the decision
to implement market value assessment; information was obtained that there was
no authority to create a moratorium; and the only provision available was under
Section 362 of The Municipal Act, a method whereby any increases in taxes
following the change in the assessment basis may be graduated for a period not
exceeding five years. The authority to proceed under the aforementioned section
is the Municipality, and applied to industrial assessments only. The report
further advises that representatives of the Ministry of Revenue are currently
reviewing the assessments of all owners who raised concerns at a recent Council
meeting, and recommends the necessary appeal be filed by the property owner
before the deadline of March 7th, 1984, if adjustment has not been made prior
to the return of the assessment roll.
ORDERED on the motion of Alderman Coville~-seconded by Alderman Kerrio, that
the report be received and referred to Staff for investigation and a report on
February 20th, 1984. Carried Unanimously.
ORDERED on the motion of Alderman Hinaperger, seconded by Alderman Orr,
that approval be given to proceed past 11:00 p.m.. Carried Unanimously.
DEPUTATIONS.
MARKET VALUE ASSESSMENT
Mr. Nicholas Mtnov, Solicitor, acting on behalf of the Kent Avenue
'Industrial Park Taxpayers Association, presented a written submission and
discussed the impact of Market Value Assessment on this sector of the City's
economy. He referred to the system having produced a major re-alignment of
the tax structure of the community, provided a summary analysis of the impact
on 19 members of the Kent Avenue Association which indicated a 45% average
increase. Mr. Minov requested that Council consider the problems facing a
large portion of the industrial sector~of the community and a possible delay
-6-
ef the implementation of Market Value Assessment pending a review of all aspects
with a fair and appropriate transition provisien being considered.
A discussion followed regarding the information on which Council based the
decision for Market Value Assessment; the options available, i.e., a phasing in
perlod of time, or to absorb a portion of the increase in the mill rate;
possible loss of employment
The Chief Administrative Officer discussed the options available, i.e.:
1) Under Section 362 of the Municipal Act, the Municipality has the right to
graduate the increases. However, if the increases are graduat~4, the decreases
must also be graduated over a period not exceeding 5 years;
2) Leave the additional cost of providing increases on all the industrial
taxpayers within the industrial assessment framework, the adjustment
to be made within that category;
3) The cost of postponing the increases, or graduating them over a period not
exceeding 5 years, to be borne by all the ratepayers of the City;
4) A combination of any of the aforementioned systems.
The Chief Administrative Officer suggested that Staff should contact other
municipalities who have had similar concerns.
The City Solicitor advised that under Section 362, Council may reduce
the taxes providing the increase is above a specified percentage. It was suggested
that consideration be given to the impact of these types of changes prior to any
action being taken.
Further discussion ensued regarding the excessive increases in assessment,
the necessity of filing Notices of Appeal, and inviting the Assessment Commissioner
and ether representatives of the Assessment Department to meet with Council for
a further discussion of the problems encountered under the new system. It was
generally agreed that Council could not have anticipated the large increases in
some assessments.
Representatives of Uneida Canada Limited who attended the meeting were
Mr. Fran Mahady, President, Mr. Douglas Clancy, Vice-President, and Mr. Doug
Caverson, Works Manager. Mr. Mahady discussed concerns for the future of Oneida
Canada Limited, the growth of the company over the past 60 years, and the
good working relationship it has had with government. Re referred to the
employment of 160 people, the increased tax burden and the lack of a market
comparison to validate an assessment appeal. Mr. Mahady further discussed
import competition, investment plans which could not now be recommended, and
requested that the resolution for re-assessment be rescinded.
Mr. Ralph Powell, President of Washington Mills, expressed the opinion that
City Council should seriously consider other options. He referred to the
problem being encountered throughout Kent Street, and the Niagara Falls Industrial
Subdivision. Mr. Powell stated that expansion activities in Washington Mills
have ceased, that there would be no expansion nor jobs.
Mr. Mahady expressed the view that City Council and business should work
together to resolve the situation.
Following further discussion it was moved by Alderman Chessman, seconded
by Alderman Kefghan, that the matter be referred to Staff to consider various
options, i.e.~ subsidies, 5 year extension, and phasing in. It was further
recommended that Mr. T. Wilkes, Assessment Commissioner be requested-to attend
the next meeting of City Council for further discussion. ~arried Unanimously.
PORNOGRAPHY - MR. TOM PRUE ' ~'
It was agreed that Mr. Tom Prue would defer his discussion on pornography
to the next meeting of City Council.
.COMMUNICATIONS
No. 55 - Chamber of Commerce - Re: Position of Director of Municipal Works· The
communication expresses concern regarding ~he-'lncrease,-Of:st~ff eg~!neere.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Janvary, that ~the
· 7
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communication be received and referred to the Special Committee formed on
February 6th, 1984 to consider applications for the position.
Carried Unanimously.
No. 56 - (a) Mrs. Janet Holmes - and - (b) Lesley Holmes - Re: Bill 82 and
Harmony Development Centre. The communications discuss the implementation of
Bill 82 under the Education Act and the effect on the Harmony Developmental
Centre in Niagara Falls.
ORDERED on the motion of Alderman Coville, seconded by Alderman Kerrio, that the
communication be referred to the Special Meeting scheduled for Tuesday, February
28th, 1984 at 5:00 p.m. in Committee Room #1, for consideration.
Carried Unanimously.
No. 57 - Kinsmen Club of Niagara Falls - Re: "Kinsmen Day and Kinsmen Week".
The communication requests the proclamation of February 20th, 1984 as Kinsmen
Day and the week of February 19th to 25th, 1984 as Kinsmen Week.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett,
that the request be approved subject to established policy. Carried Unanimously.
No. 58 - City of London - Re: Recruitment Policy for Police. The communication
refers to previous correspondence regarding the subject and provides additional
information.
ORDERED on the motion of Alderman Cheeeman, seconded by Alderman Hinsperger, that
the communication be received and filed. Carried .Unanimously.
No. 59 - Niagara Falls - Fort Erie Real Estate Association - Re: Market Value
Assessment. The communication expresses concern regarding the mill rate and
requests that Regional Niagara, Niagara South Board of Education, and the City
of Niagara Falls use extreme caution regarding 1984 Budgets.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Coville, that
the communication be received and filed. Carried Unanimously.
No. 60 - City of HamiltOn - Re: Proposed amendment to OMERS Pension Plan. The
communication requests the endorsation of an attached resolution regarding an
amendment to the OMENS Pension Plan.
ORDERED on the motion of Alderman Baker, seconded by Alderman Merrett, that the
communication be received and filed. Carried Unanimously.
No. 61 - Regional Niagara Public Works Department - Re: Public Transit Review.
The communication attaches a copy of Report DEA-220 which identifies the Terms
of Reference within which the Transportation Planning Sub-committee will operate.
ORDERED on the motion of Alderman Coville, seconded by Alderman Kerrio, that the
communication be received and referred to the Transit Commission for comment.
Carried Unanimously.
No. 62 - M.E. Arseneau, M.D.~ F.R.C.S.(C) - Re: All Ontario Doctors Hockey
Tournament - April let and 2nd, 1984. The communication requests a special
occasion permit for the above mentioned.tournament at the Stamford and Jack Bel)l .
Arenas.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that the
request of ~Dr. M, E. Areeneau for a special occasion permit for the Ail Ontario
Doctors Hockey Tournament to be held on April let and 2nd, 1984, at the Stamford
and Jack Bell Arenas, be approved, subject to the approval of the Regional
Police Department, the Niagara Falls Fire Department, the Niagara District Health
Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously.
REPORTS
No. 72 - Chief Administrative Officer - Re: Contract S.S. 2/84 - Repairs to the
Dorchester Square Storm Sewer Outfall. The report recommends that the unit prices
submitted by the low tenderer, Stephens & Rankin Inc. be accepted by Council.
ORDERED on the motion of Alderman Baker~ seconded by Aldergan Chessman, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 13.
See By.-law...No. 84-41.
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No. 73 - Municipal Works Committee - Re: Municipal Works Committee Items.
report recommends that the recommendations of the attached reports of the
Municipal Works Committee be adopted.
The
The attachments include:
1) Street Lighting;
2) Reconstruction of Main Street;
3) Mountain Road Sanitary Landfill site Hydrogeologic Impact Study;
4) Margaret Street Sewermain and Lateral Repair.
ORDERED on the motion of Alderman Puttick, Seconded by Alderraan Orr, that
the report be received and the recommendations on the four items be adopted.
Carried Unanimously.
No. 74 - ~pnicipal Works Committee - Re: Lyons Creek Road Sanitary Sewer. The
report recommends that the information contained therein be received and adopt~ed.
ORDERED on the motion of Alderman Coville, seconded by Alderman Merrett, that the
report be received and adopted. Carried Unanimously.
No. 75 - Chief Administrative Officer - Re: Parking on Britannia Crescent. The
report recommends that parking be prohibited from 8:00 a.m. to 8:00 p.m. daily on
both sides of Brittania Crescent, from Portage Road to its westerly limit.
Alderman Janvary expressed concern regarding the parking for residents in
the area. The Traffic and Construction Engineer discussed the actions taken to
alleviate the parking problem in the past.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
No. 76 - Chief Administrative Officer . Re: The Buildings & Inspections Department
Report for January 1984. The report reviews Permits issued and Highlights for
January 1984, as well as Development Proposals, C.O.E.D. and R.R.A.P.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the
report be received and filed. Ca~rried Unanimously.
No. 77 - A~cting Mayor Cummings _ Re: O.N.I.p. Chippawa Library addition. The
report advises that the Steering Committee for the Ontario Neighbourhood
Improvement Program, Chippawa Library Addition, recommends the hiring of
Chapman, Murray Associates for the preparation of plans and specifications and
to provide architectural supervision during construction for the library addition.
ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that
the report be received and the recommendation adopted. Carried Unanimousl~_i_
No. 78 - C~hief Administrative Officer - Re: ' The COED Program - Upgrading City
Buildings. The report recommends that the information contained therein be
received and filed.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the
report be received and filed. Carried Unanimousl .
No. 79 - ~Chief Administrative Officer - Re: Uniform Sewage Rates. The report
recommends that Council receive and file this advisory report.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Kerrio, that
the report be tabled. Carried Unanimousl . .
No. 80 - _C~.ief Administrative OfficeL . Re: Municipal Accounts. The report
recommends payment of the accounts i~ the aggregate amount of $294,205.12 for
the one week period ending February 13th, 1984.
Acting Mayor Cummings declared a conflict of interest on Cheque No. 23274
since a member of his family is involved.
Alderman Chessman declared a conflict of interest on Cheque No.. 23247
since a relative is an employee.
Alderman Hinsperger declared a conflict of interest on Cheque No. 23266
as au ~employee of the firm involved.
Alderman Merrett declared a conflict of interest on Cheque No. 23262
because he is a~ insurance agent.
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ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that
the report be received and adopted. The motion Carried with Acting Mayor
Cummings, Aldermen Chessman, Hinsperger, and Merrett, abstaining from the vote
on Cheques No. 23274, 23247, 23266, and 23262 consecutively, on conflicts Of
interest previously recorded, and all others voting in favour.
No. 81 - Chief Administrative Officer - Re: Cancellation of Council Meeting -
Election Day. The report recommends that the regular Council meeting scheduled
for Monday, February 27th, 1984, be cancelled.
ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that the
report be received and adopted. Carried Unanimously.
No. 82 - Chief Administrative Officer - Re: Candidates' Meetings. The report
recommends that Members of Council make note of the dates and times of meetings
to be held to meet the candidates for Mayor and that this report be received
and filed.
ORDERED on the motion of Alderman Orr, seconded by Alderman Keighan, that the
report be received and adopted. Carried Unanimously.
No. 83 - Chief Administrative Officer - Re: Extension of draft plan approval -
West Meadow Subdivision, File No. 26T-74083. The report recommends that a
Council resolution supporting a further two year extension of draft plan approval
for the above subdivision be forwarded to the Ministry of Municipal Affairs and
Housing.
ORDERED on the motion of Alderman Baker, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 12.
RESOLUTIONS
No. 10 - JANVARY - KEIGHAN - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby petitions for Interim Payment under the Public
Transportation and Highway Improvement Act on expenditures made in the year 1983
in the amount of $5,265,471.56; AND the Seal of the Corporation be hereto
affixed.
Carried Unanimously.
No; 11 ~ PUTTICK - COVILLE - 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 consent 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 1st day of June, 1983 as Plan 59M-97 by permanently closing the walkway shown
as Block 40 on the said plan; AND the Seal of the Corporation be hereto affixed.
The motion Carried with Alderman Janvary voting contrary and all others in favour.
No. 12 - BAKER - ORR - RESOLVED that the Council of the City of Niagara Falls
hereby supports a further two year extension of draft plan approval for the West
Meadow Subdivision (File No. 26T-74083), and that the Ministry of Municipal
Affairs and Housing be so advised; AND the Seal of the Corporation be hereto
affixed.
Carried Unanimously.
No. 13 - BAKER - CHEESMAN - RESOLVED that the unit prices submitted by Stephens
& Rankin Inc. for Contract S.S. 2/84 - Repairs to the Dorchester Square Storm
Sewer Outfall, be accepted at the low tendered price of $43,6?5.00; AND the Seal
of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that
leave be granted to introduce the following by-laws and the by-laws be read a
first time:
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No. 84-39 . A by-law to appoint Donald Bruce Shapton, Deputy Fire Chief.
No. 84-40 - A by-law to appoint Edison C. Sherar a member of the Council of the
Regional Municipality of Niagara.
No. 84-41 - A by-law to authorize the execution of an agreement with Stephens
and P~nkin Inc. for repairs to Dorchester Square storm outfall.
No. 84-42 - A by-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Gladstone Avenue).
N_o. 84-43 - Tabled for one month.
No. 84-44 - Tabled for one month.
No. 84-45 - A by-law to provide monies for general purposes.
The motion Carried with Acting Mayor Cummings, and Aldermen Cheesman, Hinsperger,
and Merrett abstaining on conflicts of interest previously recorded in Report No.
80, for By-law No. 84-45, and all others voting in favour.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coville, that the
following by-laws be now read a second and third time:
No. 84-39 - A by-law to appoint Donald Bruce Shapton, Deputy Fire Chief.
No. 84-40 - A by-law to appoint Edison C. Sherar a member of the Council of the
Regional Municipality of Niagara.
N~o. 84-41 . A by-law to authorize the execution of an agreement with Stephens
and Rankin Inc. for repairs to Dorchester Square storm outfall.
No. 84-42 - A by-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Gladstone Avenue).
No~. 84-43 - Tabled as above.
No. 84-44 - Tabled as above.
~o. 84-45 - A by-law to provide monies for general purposes.
The motion Carried with Acting Mayor Cummings, and Aldermen Chessman, Hinsperger,
and Merrett abstaining on conflicts of interest on By-law No. 84-45, as previously
recorded, and all others voting in favour.
N~EW BUSINESS
~CTIVITIES REPORT OF ACTING MAYOR CUMMING;;
His Worship Acting Mayor Cummings reported on the following activities:
1) Social Planning meeting;
2) Fraser Commission;
3) Meeting with Mr. A. A. MacBain, M.P.;
4) Meeting with Minister of Tourism, Honourable David Smith;
5) Meeting with Minister of Revenue .
Acting Mayor Cummings expressed his apPreciation for Mr. V. Kerrio, M.P.P.
arranging the meeting;
6) His Holiness, Pope John Paul II was invited to Niagara Falls. '
7) Meeting with Niagara 8out~ Board of Education . Special Committee of Council
includes Acting Mayor Cummings, Alderman Keighan, and the Chief'Administrative
Officer. The Committee will review items for discussion and formulate an
agenda.
M_ICROPHONES _ COUNCIL CHAMBERS
Acting MaYqr Cummings requested that the microphones in the Council Chambers
be checked and repairs made for the next meeting of Council.
- 11 -
It was moved by Alderman Puttick, seconded by Alderman Baker,
meeting adjourn.
READ AND~
·
that the
'il
EIGHTH MEETING
Committee Room #1
February 20, 1984
COMMITTEE OF THE WHOLE
Council met on Monday, February 20th, 1984 at 7:15 p.m. in Con~mittee of
the Whole. All members of Council were present with the exception of
Aldermen Baker, Kerrio, and Puttick. Alderman Merrett presided as Chairman.
Following consideration of the items presented the Committee of the Whole
arose without reporting.
READ AND
/
ACTING MAYOR PATAK CUMMING
REGULAR MEETIN~
Council Chambers
February 20, 1984
Council met on Monday, February 20th, 1984 at 7:30 p.m. for the purpose
of considering general business. Ail members of Council were present with the
exception of Aldermen Baker, Kerrio, and Puttick. His Worship Acting Mayor
Cummings presided as Chairman. Alderman Merrett offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr,
that the minutes of the Special Meeting of November 15th, 1983, and the meeting
of February 13th, 1984, be adopted as printed. Carried Unanimously.
DEPUTATIONS
MR. THOMAS PRUE - PORNOGRAPHY & MASSAGIST BY-LAW
Communication No. 63 - Thomas L. Prue - Re: Pornography & Massagist By-law.
The communication refers to the amount of pornography being sold in the area,
the newly founded committee called Citizens Against Pornography & Prostitution
(CoA.P.P.), and requests specific amendments to the Massagist By-law No. 73-154.
Mr. Prue reviewed the communication and the requested amendments to
By-law No. 73-154. In reply to questions raised he advised that he had been
in contact with the Police and learned that the by-law could not be enforced.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary, that
the communication 'be received and referred ~e ~taff for comments.
~rried Unanimously.
MR. TOM ENRI~HT~ WESTERN COUNTRY BEEF - HAWKER & PEDLAR LICENCE
The. City Clerk advised that complaints had been received regarding
Western Country Beef selling their product in the City. Council was informed
that wholesale deliveries were being made within the City and the balance of
prod~in the truck was sold in parking lots within Niagara Falls. The
Clerk advised that a letter had been forwarded to the firm on February 3rd,
1984~ regarding the selling of meat from a truck or trucks in the City without
a municipal licence. Mr. Enright was not represented at the Council meeting.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Covtlle,
that Staff be requested to proceed with the laying of charges against the firm
for further contravention to the licensing by-law. Carried Un~nimous~...
MR. MIChAEl. SOMES; MERIDIAN FOOD PRODUCTS LTD. -. HAWKER & PEDLAR LICENq~
The City Clerk advised that there had been recent complaints that
Meridian Food Products Ltd. was delivering meats to residences door to door
without alicence. Council was reminded that this company had applied for,
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and been denied a Hawker and Pedlar Llcence in 1983 in the City of Niagara Falls.
The Clerk further advised that a letter had been forwarded to the company on
February 3rd, 1984 concerning the selling of meat from a truck or trucks in the
City without a licence, and the request that Niagara Regional Police lay charges
for contravention of the licensing by-law. It was noted that neither Mr. Somes
nor his representative was in attendance at the time of discussion.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville,
that Staff be instructed to proceed with the laying of charges against the firm
for further contravention of the licensing by-law. Carried Unanimously.
RESIDENTS OF HIGH STREET AREA - ILLEGAL BODY SHOPS OR GARAGES
Communication No. 64 - Residents of High Street Area - Re: Illegal Auto Body
Shops/Garages. The petition objects to the noise and traffic problems involved
in the operation of auto body work being done at 6401 High Street since August
1983.
Mr. David Devine, 6394 High Street advised that the residents at 6401
High Street had moved into the home in August 1983. He informed Council of
the body work done on tbe premises and the advertisement placed in a local
paper for the car which had been overhauled.
His Worship Acting Mayor Cummings advised of a recent contact from a
neighbour concerning this matter.
Alderman Orr referred to previous complaints in connection with illegal
auto body shops and requested an update report on the matter.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Coville, that
the matter be referred to Staff for investigation and a report at the next
meeting of City Council. Carried Unanimously.
.~NFINISHED BUSINESS
~ARKET VALUE ASSESSMENT - AND . REPORT OF CHIEF ADMINISTRATIVE OFFICE~
Report No. 84 - Chief Administrative Officer - Re: Assessment Based on
~/arket Value. The report recommends the following:
1) That this report be received and filed for the information of Council.
2) That Council defer the final decision regarding the implementation of
sections 362 and 363 of the Municipal Act to limit increases in taxes or
reduce or cancel taxes arising from market value assessment under section
63 of the Assessment Act until Treasury Department Staff, in co~Junction
with representatives of the Ministry of Revenue determine the impact of'
implementing either of these sections.
- AND -
Communication No. 65 - Ralph Powell ~ei.~arket Value Asse8sment. The
communication which was~eviewed by Mr ~a~pn Powell, President of Washington
Mills Limited, representing occupants of the Niagara Falls Industrial Park,
and the Rent Street Industrial Park, asks City Council to consider the serious
consequences of imposing Market Value Assessment on Industry. Mr. Powell
· discussed the results of this assessment system in other municipalities as
.i well as the '~eleterious effect" on individual businesses in Niagara Falls
now and in the future, and requests information, prior to March I, 1984.1
regarding Council's future course of action.
- AND -
Communication No. 66 - Joe Moretta Investments Ltd.. Re: Market Value Assessment.
'~' The communication opposes Market Value Assesement,--advises of the 1000% increase
in taxes on a 60' X 110' house lot, and discusses the detrimental 9ffect of the
increases on businesses and industry in the City.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the
communication be received and referred to Council for future deliberation.
Carried Unanimously.
- AND -
i Communication No. 67 - Juergen Phtlipp (Canada) Inc - Re: Market Value
Assessment. The cOmmuniCation refers to 12 acres of vacant land in Niagara
'. Falls Industrial Park, attempts to sell the property without sUCcess, and
3
requests 'that the City defer a revision of the land taxes on real value until
market conditions improve.
oRDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that
the communication be referred to Staff to advise Juergen Philipp (Canada) Inc.
by telephone regarding the necessity of filing an appeal of the assessment..
Carried Unanimously.
Mr. A.F. Sheppard, Q.C., represented Marineland Canada at the meeting and
discussed the effect of Market Value Assessment, currently and in the future,
on Marineland. He discussed the 76% increase in taxes with the addition of a
roller coaster, and 31% increase without that addition. Mr. Sheppard referred
to the extensive acreage owned by Marineland to generate income, the benefits
to service industries in the City through this tourist attraction. He questioned
the consideration which had been given to Marineland's advertising budget,
tourism growth in the City, tourist tax dollar~, growth .and employment,
competition with similar attractions in other, municipalities which have
equitable assessment, as well as tax uniformity.' Mr~ Sheppard advised that
Marineland was unable to proceed with its planned expansion. He indicated
t.hat the problem should receive strong representation with a delegation to
queen!s P~rk for a discussion in order to resolve the situation.
Mr.' Terry Wilkes, .Assessment Commissioner replied to questions raised
by Mr. John. Grimo, Mr. Joe Cuviello, and Mr. Malcom Gibson regarding increased
assessments, proportionate increases and decreases within classes, the impact
study previously presented.to and discussed with Council in an objective manner,
and appeal procedures.
His Worship Acting Mayor Cummings urged that appeals be filed prior to the
March 7th, 1984 deadline.
Further questions raised by Mr. Larry Vaughan, Mr. Mike Matwijo~, President
of E.S. Fox Ltd., Mr. Duncan Graham, Mr. Fermino Susin, Mr. Cy McGuigan, Mr.
Ralph Biamonte, Mr. Horst Peg~ow, Mr. Mike Glavcic, Mr. Dorino Susin, and others,
regarding individual concerns were discussed by Mr. Wilkes. He discussed the
reduced mill rate in rural areas, the possibility of phasing in some of the
increases which is the responsibility of City Council, the authority given him
by t~e Assessment Act, and the responsibility of the Department of Revenue to
deal with taxation. Mr. Wilkes explained that industrial property was classed
as industrial,' and the downtown properties as commercial. . ..
A discussion followed regarding decreased ~eses'sment of older industries
and the large increase'in.the assessment of new industries, mortgages and high
interest r~tes, as well as maintenance on older 'properties and updating of
old equipment.' Mr. Wilkes advised property owners who were not satisfied that
their assessments were correct, to appeal them, and cautioned that appraisals
shouid be done if necessary, but that appraisals were expensive. He explained
again that Market Value was calculated on three factors~
1) Cost of the property; acquisition, improvements and'cost of construction
to improve;
2). Income production of the. property; properties 'that will'produce income;
3). Market comparison.
'Mr. Wilkes advised that the Assessment Depargment had attempted tofdevelop
a "reasonable market value" as of 1980, would be willing to defend this in Court,
-and urged people who did~not agree~ to appeal their assessment. He stated that
the business activity was not reflected, but the value .of the property. Mr.
Wilkes reviewed the actions taken to date to implement Market Value Assessment.
He advised that appeals are made through the Assessment Branch and handled by
the Ministry of Revenue. However, a further appeal through, the Ontario Municipal
Boar~ iS the responsibility of the Ministry of the Attorney General.
'Regional Councillor Ed' ~herar raised.~questions regarding mark~t value
re-assessment in all municipalities in the Region. Mr. Wilkes stated that
current legislation did not provide for this action, and further, that the
RegioRal Council, when approached, had declined to proqeed with Regional market
value re-assessment.
Hls .Worship Mayor Cummings advised that during the meeting on February 13th
with the Minister of Revenue, it was made very clear that a request to have the
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resolution for market value re-assessment rescinded would be denied.
Mr. Wilkes replied to further questions raised regarding his position in the
appeal process, and lack of current legislation which would allow for a mass
assessment of properties for the purpose of reducing assessments.
The Chief Administrative Offiicer stated that remedial measures were in the
area of taxation rather than in assessment, that the Minister of Revenue was not
prepared to adjust the assessment, and that Council has the authority to grant
relief for an increase in taxes in excess of 10% as provided in Section 363 of
the Municipal Act. He further advised that Council must determine the dollar
value subsequent to receipt of the assessment totals on Febrsary 28th, 1984.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that
the report be received and adopted, with the addition Of a third recommendation
that the City approach the Premier of O~tario to seek his assistance with the
problems that have arisen in the implementation of Market Value Assessment.
~he motion Carried with the following vote:
AYE: Aldermen Cheeeman, Covllle, Binsperger, Janvary, Merrett, Orr, and
Somerville.
NAYE: Alderman Keighan.
Acting Mayor Cummings declared a 10 minute break at 10:25 p.m., and
following the break Council re-cenvened in the Council Chambers for the balance
of the Regular Meeting.
Alderman Somerville retired from the meeting.
DEPUTATIONS
M~R. TONY PINGUE, MINISTRY OF ENVIRONMENT . CANADIAN RACING PLATE LTD.
Corm~unicatien No. 68 - Ministry of the Enviro~ment . Re: Canadian Racing Plate
Company Limited. The communication includes a proposal submitted by the subject
company for the reduction of noise and vibration. Mr. Plngue of the Ministry of
the Environment reviewed the noise reduction proposals, and discussed the
alternatives of negotiating with the company or the placement of a Control Order.
He requested a resolution from City Council in support of the proposal.
Following a brief discussion it was moved by Alderman Cheesman, seconded by
Alderman Orr, that the communication be received and the matter referre~ to Staff.
_Carried Unanimously.
COMMUNICATION
No. 69 - ~ . Re: The Public ~tilttiee Amendment Act. The
communication advises that the Niagara Falls Hydro-Electric Commission ts in
agreement with the amendments shown~,l~ :.1983; Bill 146.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman (k'r, that the
communication be received and filed. Carried Unanimousl .
? ., PORTs
No. 85 ~ Chief Administrative Officer . Re: Transportation Safety Association
Awards . 1983. ~he report recommends the following:
1) That drivers who have completed ten or more years of accident-free driving
to be authorized to attend the ~ransportation Safety Association. Banquet
on Saturday, March 24, 1984, at a cost of $12.00 per ticket.
2) -that awards be Presented to the eligible drivers at the Municipal Service
Centre by His Worship The Mayor between the hours of 3:00 P.m. and 4:00 p.m.
on a date suitable to the Mayor,
ORDERED on the motion of Alderman Coville, seconded by Alderman Cheesman,
that the report ~e received and adopted.
Carried Unant~ousl .
.5-
No. 86 - Chief Administrative Officer - Re: Parking on Victoria Avenue. The
report recommends that the Region be advised that the City supports their
proposal for an improved parking layout on Victoria Avenue from Valley Way to
Palmer Avenue.
ORDERED on the motion of Alderman Merrett, seconded by Alderman O~r, that the
report be received and adopted. Carried Unanimously.
No. 87 - Chief Administrative Officer - Re: Licence Agreement for Events at
the Niagara Falls Memorial Arena. 'ihe report recommends that City Council
approve the by-law on tonight's agenda to authorize licence agreezaents in
connection with the use of the Niagara Falls Memorial Arena.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
See By-law No. 84-47.
No. 88 - Chief Administrative Officer - Re: Niagara Falls Memorial Arena Special
Events. The report recommends that the informhtion contained therein be received
and filed for the information of Council.
ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, tha~
the report be 'redeived and filed. Carried Unanimously. .
No. 89 - Chief'Administrative' Officer - Re: M~nicipal Accounts. The report
rec0mmend~ payment of the accounts in the aggregate amount of $646,667.95 for the
one week period ending February 20th, 1984.
Acting Mayor Cummings declared a conflict of'interest regarding Cheque No.
23416 because a member of his family is involved.
Alderman Hinsperger declared a conflict of interest regarding Cheque No.
23407 because he is an employee-of the company. ..
ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that
the report be received and adopted. The motion Carried with Acting Mayor Cummings
and Alderman Hineperger abstaining from the vote on Cheques No. 23416 and 23407
consecu~ively, on conflictsof interest previously ~ecorded, and all others voting
i~.favour.
No. 90 - 'Chief Administrative Officer - Re: Encroachment - 5690 B~chanan Avenue.
The report recommends tha't the application for the passing of a by-law to permit
the continuation of a building upon the Buchanan Avenue road allowance be approved,
and the by-law appearing on this agenda be given three readings.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Minsperger, that
the repo~t be received and adopted. Carried Unanimously.
See By-law No. 84-49.
No. 91 -'Chief Administrative Officer - Re: AM-6/83, Proposed A~ditions to
Stamford Presbyterian Church.' The report recommends that Council determine if it
still wishes to seek O.M.B. approval of the by-law, and if so, that the Clerk be
directed 'to forward the by-law, ~long with the letter of objection, to the Board
with the request for a hearing.
Alderman Orr declared a conflict of interest because a relative owns the
property.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Janvary, that
the report be received and adopted. The motion Carried with Alderman Orr
abstaining from the vote on a conflict of interest previously recorded, and all
others voting in favour.
No.'. 92 - Chief Administrative Officer - Re: Sale of Old Police Building. The
report recommends that the By-law appearing later on the agenda to provide for
the sale of the former Police Building to 540746 O~tario In. for $40,000.00 'be
passed.
ORDERED on the motion of Alderman Orr, seconded by Alderma~ Minsperger~ that the
report be .rece£ved and adopted. Carr.i.ed Unanimously...
See By-law No. 84-46.
No. 93 - Chief Administrative Officer - Re: Region's Proposed Group Home
~mendment Policy Alternatives - Corm-nents of City of Niagara Falls. The report
recommends the following:
That the City's position contained in the City's report PD/49/83, June 20,
1983, namely that the Region's role should be limited to encouragement as
proposed in the Region's draft Official Plan ~nendment No. 15~ be reiterated
2) That this report, PD/13/84~dated February 20, 1984, be endorsed by Council
to further support the City's position with respect to the Region's Proposed
Policy Plan Amendment No. 15 as proposed in Region Planning Reports DPD/1648
(May 11, 1983) and DPD/1701 (December 21, 1983).
3) That a submission stating the City's position be made to the Public Meeting
being held by the Region on this matter on February 29, 1984.
ORDERED on the motion of Alderman Orr, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
COMMUNICATIONS
No. 70 - Walker Brothers Quarries Limited - Re: Market Value Assessment. The
communication refers to increases in assessed values of the company's properties
in Niagara Falls~ as well as increased business assessment, and to the Report of
the Co~araission on the Reform of Property Taxation in Ontario. The communication
indicates what is considered to be "significant faults in the re-assessment
programme", and suggests that corrections be made to '~ajgr inequities resulting
from this decision".
ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that the
oon~nunication be received and referred to further deliberations of Council.
Carried Unanimously.
No. 71 - Thomas L. Prue - Re: Market Value Assessment. The communication is a
copy of a co~mnunicatton to the Premier of Ontario, discusses market value·
assessment as a '~tsastrous situation" for the City of Niagara Falls; refers to
a petition to be presented with documentary evidence concerning the "astronomical
tax increases due to market value assessment" and requesting that the market
value assessment be rescinded; and requests immediate action concerning the matter.
ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that the
communication be received and referred to further deliberations of Council.
Carried Unanimously.
'BY-LAWS
ORDERED on the motion of Alderman Orr, seconded by'Alderman Hin~perger, that leave
be granted to introduce the following by-laws and the by-law'-be, read a first time:
No. 84-46 - A by-law to authorize the sale of the'property municipally known as
4582 Zimmerman Avenue. ("Old Police Building").
No. 84-47 . A by-law to authorize licence agreements iD connection with the use
of the Niagara Falls Memorial Arena.
~o. 84-48 - A by-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Britannia Crescent).
No. 84-49 - A by-law to allow tbs maintaining and using of a building which
encroaches on Buchanan Avenue.
~9,' 84-50 - A by-law to provide monies for general purposes·
,j~he motion Carried with Acting Mayor Cummings, and Alderman Hinsperger~ abstaining
from the vo~'on By-law No. 84-50 on conflicts of interest previously recorded in
Report No. 89, aRd all others voting in favour.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that
the following by-laws be now read a second and third time:
N_o. 84-46 - A by-law to authorize the sale of the property municipally known as
4582 Zimmerman Avenue. ("Old Police .Building").
· · 7
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No. 84-47 - A by-law to authorize licence agreements in connection with the use of
/ Niagara Falls Memorial Arena.
No. 84-48 - A by-law to amend By-law No. 3790, being a by-law for the regulat%on
~ of traffic. (Britannia Crescent)-
No. 84-49 - A by-law to allow the maintaining and using of a building which
encroaches on Buchanan Avenue.
No. 84-50 - A by-law to provide monies for general purposes.
The motion Carried with Acting Mayor Cummings, and Alderman Hinsperger, abstaining
from the vo~e on '~y-law No. 84-50 on conflicts of interest previously recorded,
and all others voting in favour.
NEW BUSINESS
RESIGNATION FROM TRANSIT cOMMISSION/E-C. SHERAR
His Worship Acting Mayor Cummings referred to a communication which had been
received from Regional Councillor Edison C. Sherar submitting his resignation as a
Niagara Transit Commission member effective February 29, 1984.
ORDERED on the motion of Alderman Merrett, seconded hy Alderman Hinsperger, that
the communication be received and filed. Carried Unanimously.
JUNIOR ACHIEVEMENT LUNCHEON
Alderman Janvary advised that she had represented Acting Mayor Cummings at
a recent Junior Achievement Luncheon, referred to the group's need for funding,
and advised that Pledge Cards are available.
It was moved by Alderman Orr, seconded by Alderman Merrett, that the meeting
adjourn. Carried Unanimously..
READ ~Q~D,
· ' ACTING MAYOR PA~ICK CUMMINGS
NINTH MEETING
Committee Room #1
March 5, 1984
cOMMITTEE OF THE WHOLE
Council met on Monday, March 5th, 1984 at 7:00 p.m. in Committee of the
Whole. Ail members of Council were present. Alderman Orr presided as
Chairman.
Following consideration of the items presented the Committee of the Whole
arose to report in open ·Council.
READ AND AD~QPTE~D,
REGULAR MEETING
Council Chambers
March 5, 1984
· Council met on Monday, }~rch 5th, 1984 at 7:30 p.m. for the purpose of
administering the Oath of Office to Mayor-Elect William S. Smeaton, and to
consider general business. All members of Council were present. His Worship
Acting Mayor Cun~nings presided as Chairman. Alderman Orr offered the Opening
Prayer.
R~MARKS - ACTING MAYOR PATRICK CUMMINGS
His Worship Acting Mayor Cummings discussed his~tarm of office as Acting
Mayor for the City of Niagara Falls. He expressed appreciation of the efforts
of City Staff, the Fire Department and Police Department, particularly during
the '84 storm this past week, and encouraged Council and Staff to meet with
Federal, Provincial, and Regional representatives for future discussions of
mutual Concern. Acting MayoY Cummings further expressed appreciation to .his
family, Acres Consulting Services Limited, Niagara Falls Review, C.J.R. No,
and members of City Council for their co~operation and support.
Alderman Cheesman expressed appreciation on behalf of Members of Council
and the citizens of Niagara Falls for the contribution made by Acting Mayor
Cummings, and offered congratulations for his e£forte in the interim office
of Acting Mayor.
OATH OF OFFICE
The Statutory Declaration of Elected Office and Oath of Allegiance were
filed with the City Clerk after the Oaths of Office had been administered by
His Honour Judge Donald Wallace.
Miss Tammy Smeaton, daughter of His Worship Mayor Smeaton, placed the
Chain of Office on her father.
His Wors~ipr Mayor ~illiam Smeaton then delivered hi~ Inaugural .Address:
His Hon0ur Judge Wallace, Members of Council, Ladies & Gentlemen:
I begin my term as your Mayor with a deep sense of gratitude to each and
every resident of the City of Niagara Falls. I would like to publicly express
my appreciation to all those who took the time and made the effort to vote in
the recent Municipal Election. I am particularly grateful to all those who
placed their confidence in me and I pledge my untiring effort to warrant their
support.
"Team Work" is the central theme of my Inaugural Address and this approach
will be the objective of my administration. Team work at City Hall requires
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that all elected and appointed representatives work together to provide proper
and efficient Municipal Government for all the citizens of our co~m~unity.
"Team Work" will be our 'common goal.
I addressed the matter of civic pride during the election campaign. It is
personified, I believe, in those who have held the office of Mayor in the past.
It has been my great privilege to have known some of them, the late Franklin
Miller, George Bukator, Wayne Thomson and two who sit with me tonight - Robert
Keighan and Patrick Cummings. Although Patrick Cummings is officially listed
as an Interim Mayor, I do mot have to tell any of you present this evening of
the fine job he has done. Your City is grateful to you, Pat. These are men
dedicated to improving this home town of ours and I am honoured indeed to sit as
they have as Chief Magistrate of this great City.
The economic conditions which have so plagued us here in Niagara Falls are
world wide. Conditions economically are improving slowly. I believe that we
have some tools and assets readily available here in Niagara Falls to help
improve the industrial and commercial employment opportunities for our residents.
We have the Niagara Region Development Corporation and the Business and Industrial
Growth Agency - two public funded agencies whose role is to stimulate economic
growth in Niagara Falls and the Niagara Region, thus creating job opportunities
for area residents. A closer relationship between the two agencies must be
fostered and I shall, with Council, work towards that end.
We have an additional asset here in Niagara Falls which cannot be over-
emphasized. Our City has the highest inventory of properly zoned and readily
serviced industrial land in the entire Regional Municipality of Niagara. I
shall bs selling that point at every opportunity. I shall not be working alone.
Two men shall team with me - A1MacBain, Member of Parliament, and Vince Kerrio,
Member of the Provincial Legislature. With Council, we shall represent this
City as a unit telling the Federal and Provincial Governments of our needs and
concerns. I plan, at the earliest possible mutually convenient date, to travel
to Ottawa and Toronto to meet with senior government officials. Our task simply
stated will be to solicit aid for our community - economic aid, job stimulating
aid. Teamwork will produce the assistance we need.
Historically municipalities in Ontario have developed a conventional or
traditional role separate and apart from their Provincial or Federal counterparts.
The time has come, I believe, that as municipalities we can no longer live with
that traditional role and I em quite prepared to investigate action beyond
conventional guidelines. While I fully recognize that there must be areas of
Jurisdiction, we can no longer rest on the excuse that responsibility rests with
a higher level of government. Where that is the case, we must through negotiations
ensure action by the appropriate level of government. It is our responsibility
to investigate the availability of Federal and Provincial funding and use it to
the best advantage of the City of Niagara Falls. We must not allow areas of
Jurisdiction to be an impediment to improving conditions in our City.
We, In Niagara Falls, have probably the best organized amd healthiest
tourist industry in thin country. It is an industry, I believe on the verge of
great expansion and development. It is an industry not without problems yet one
with sound management. I shall listen to their needs and attempt to assist them
wherever possible. Salesmanship and good public relationship skills from the
Mayor of this tourist mecca are needed. I am confident that I have these skills
and will work closely with this industry to sell "The World's Most Famous Address".
The Ontario Waste Management Corporation will soon hand down its decision as
to specific candidate site areas for its waste disposal facilities. Niagara
Falls should not be on that list~ As Canada's most productive tourtst.industry,s
home, we have to be kept at arm's length from any major waste disposal sites.
The reason, I believe, is obvious. The world,s most famous address has to be
synonymous with natural beauty, parks and attractions . not toxic waste:
Commercial revitalization of our downtown area is indeed uppermost in the
minds of concerned citizens in Niagara Falls. ~e C.A.U.S.E. Committee will hand
down a report to ~a in the near future. I await their findings with great interest.
I pledge to all City residente that I ~hall keep the doors of City Hall open wide
-3-
to any developer or investors who will come forward with private capital for
development in our downtown core area. I shall work with Council to make the
way easy for them, not difficult.
Regarding the prostitution problem that has plagued our core area for some
time, I fully support strengthening of the law to allow our police to rid our
streets of this age-old problem.
Regarding Market Value Assessment, at the time of putting pen to paper for
this my Inaugural Address, I am anxiously awaiting a meeting tomorrow with
Mr. Jack Lettner, Assistant Deputy Minister of Assessment Programs, to review
this information. I shall report to Council next week as to the results of
that meeting.
I believe in one cardinal rule of decision ~aking regardless of the decision -
have all facts available. Therefore, I want the final Staf£ report that goes to
Council on this matter to contain all the facts available- the names, address,
the amounts of increase or decrease of all area industries affected, and the
exact effect of any decision or decisions made by Council to alter the previous
decision of this Council.
One concern re Market Value Assessment can be addressed now and that is the
problem of inconsistency within the Region and Province regarding property
taxation methods. For example, an automobile dealer in Niagara Falls must
compete against dealers in St. Catharines or Welland - two communities within
the Regional Municipality of Niagara that do not have Market Value Assessment.
The Niagara Falls dealers are at a distinct disadvantage. They pay the same
amount for their automobiles but have higher tax overheads. I urge this Council
to team with me to approach the Provincial Government to request that they bring
in a uniform policy of taxation to all communities in the Province of Ontario.
No municipality can stand alone today. We must have a good relationship
with all other levels of government including Federal, Provincial, Regional
and Boards of Education. I have spoken with Mr. MacBain and Mr. Kerrio and
regular meetings between these people and our Council are absolutely essential
on an ongoing basis. Likewise, as soon as convenient, a meeting with our local
Board of Education representatives should be convened. Team work is needed here
as our financial position as a community is dependent to a very large extent on
our Boards of Education budgets. Let us strive for a better understanding of
their position and vice versa.
Regarding Regional Government, first may I say again it is not going to
disappear. Let us make it work to our advantage. Personally, I am very proud
of my relationship with Chairman Campbell and all the Regional Council and
senior Staff personnel at the Region. In order to assist all members of City
Council in a better understanding and knowledge of our Regional Government,
I propose that each Alderman visit the Regional Headquarters with me on an
.individual basis to meet with Councii members and Staff and review any areas of
concern they might have. In order to facilitate a better understanding
regarding:the Niagara Regional representatives attending City Council meetings,
I propose that .Regional items be dealt with early in our Agendas wherever
possible and that our Regional Councillors attend when any item appears on the
Agenda pertaining to their particular committee. I am sure we shall have their
co-operation in this matter.
I ~n looking forward to immediate progress within the City. I realize as
well that progress is made through the efforts of people who are positive
thinkers. I ran for Mayor of your City because I believe it to be a great City
with a great future. I know this can be accomplished if each and every ratepayer
of our community has a belief in their City and I will do everything in my power
to encourage a positive approach in all matters of municipal concern.
In conclusion, it is fitting, I believe, that we are on the.verge of a new
season of the year - Spring - full of hope and life. Let us, aa community
leaders, look forward with hope and move forward as a team to bring new prosperity
to this great City. With God's help, we shall succeedl
It was Ordered by Alderman Keighan, seconded by Alderman Kerrio, that the
I
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Mayor's address be included tn the minutes of the meeting~ and: items of concern
dealt with during the year. Carried Unanimousl . '' ' - "
WELCOME
His Worship Mayor Smeaton welcomed Scout Leader Rick Se¥ille, and the
Sixth Niagara Scout Troop to the Council meeting.
His Worship Mayor $meaton declared a 10 minute raeess at 7:50 p.m. for the
purpose of photographs.
CONGRATULATIONS
~ISS IRENE L. PLOSZCZANSKY- VANIER AWARD
His Worship Mayor Smeaton advised that Miss Irene L. Ploseczansky! had: been
chosen to receive the Vanier Award in Toronto on March 8th, 1984. He welcomed
Miss Ploszczansky to the Council meeting, expressed appreciation for her past
efforts in the community, and offered congratulations on behalf of Council.
Mayor Smeaton reviewed a letter from Miss Ploszczansky thanking the City for its
support of herself and disabled or handicapped people.
ADOPTION OF MINDTES
Alderman Puttick referred to applications being received for the position of
Director of Municipal Works and reviewed an editorial in the February 1984 issue
of "Municipal World" magazine regarding an action taken by a dismissed employee
against a municipality, and upheld by the Supreme Court of Canada. Ne stated
that he wished to bring this matter to the attention of Council~ and asked that
it be recorded in the minutes.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that
the minutes of the Special Meeting held February llth, 1984, and Regular Meeti'ng
held February 20th, 1984, be adopted as printed. Ca~rried U~animousl~.
DE~PUTATIONS
M~ERIDIAN FOOD PRODUCTS . HAWKER & PEDLAR LICENC~;
Mr. Michael Somas, Manager of the Stoney Creek Branch of Meridian Food
Products addressed Council with a request for a Hawker and Pedla~ Licence to
enable the company to employ 4 to 5 employees who would sell the meat products
door to door in the City of Niagara Falls. He advised that the company's
products are Federally inspected, and are distributed under Federal and Provincial
llcences. Mr. Semen replied to questions raised regarding the company,s operation
in Canada and the Region, recent selling of the product in the City of Niagara
Falls without a lieence which Council had refused twice, and expressed willingness
to pay a higher fee for a Hawker and Pedlar Lieence in line with the business tax
of other businesses in the City.
~he City Clerk advised that Meridian Food Products Ss retailing door'to door,
that calls had been received from the Chamber of Commerce and some citizens '
respecting this and three other companies operating within the City. All of
the companies had been contacted concerning thei~ ills. .
of Niagara Falls. gal activities in the City
Mr. Somas was advised that Council is concerned about businesses which
are involved in the City. It was suggested that Meridian Food Products could
open a business premise in Niagara Falls~ or work through a local dealer.
ORDERED on the motion of Alderman Baker, seconded by Alderman Orr, that the
request for a Hawker and Pedlar Licence be denied. Carried Unanimousl .
..MA?KET VALUE ASSESSMENT
Alderman Cummings referred to his recent communication to Honourable W.G.
Davfe, Q.C., Premier of O~tarto~ at the direction of Council, explaining the -
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the situation regarding the implementation of market value assessment in the City
of Niagara Falls, and requesting a determination as to whether the implementation
of market value assessment could be delayed. ~he City Clerk reviewed the
communication-
Mayor Smeaton referred to a communication he had received recently from
the Minister of Revenue. He advised that a meeting with the Deputy Minister
of Assessment Programs, Mr. Jack Lettner, on Tuesday, March 6th, 1984, for a
discussion of the many questions of concern. Mayor 8meaton stated that there
was not an "easy solution", and that all the required information must be
available prior to a decision being made concerni.ng this matter.
A discussion followed regarding the probable time that the tax roll may
be expected, information to be received from the Province with respect to
commercial and industrial properties, information concerning supporters of and
objectors to the re-assessment- Mayor Smeaton urged that ~axpayers who are not
in agreement with the assessments should appeal before the deadline of March 7th,
1984.
In reply to questions raised, the City Treasurer advised that the
information required will be introduced by roll number in order to ensure
confidentiality. Questions' were raised'r.egarding properties which had received
large decreases in assessment, and a discussion ensued respecting the possibility
of the City filing an appeal with the Assessment Department in these cases.
The Chief Administrative Officer pointed out that it would be necessary to
examine the reasons for every reductions, and furth%r that assessment was the
responsibility of the Provincial Government and if assessment'was questioned, it
would be necessary to question every assessment i~ the City of Niagara Falls.
The City Solicitor advised that the City does hav~ the right to appeal a
reduction in assessment, however, in order to asse~s the equitability of the
decrease in an intelligent manner, appraisal expertise would be required.
The Chief Administrative Officer stated that when the assessment officials
had attended the Council.meeting, Council had been assured that a re-check would
be made of persons making objections to the assessments at that time.
The City Treasurer explained that assessment is a function of the Ministry
of Revenue, and taxation is the responsibility of City Council. He referred to
the March 7th deadline for appealing assessments, and stated that anything in
connection with assessment which was presented to the City could not be altered
by the City, although every citizen has the right to appeal by March 7th, 1984.
A discussion followed concerning the .impact of market value assessment on
the community, and the need for'~an extension of time ~in order to gather further
information.' .
ORDERED on the motion of' Alderman Cummfngs, seconded by Alderman Kerrio t~at
His Worship Mayor Smea~On request the Assistant Depqty Minister of Assessment
Programs, 'Mr. Jack Lettner, for an extension of the assessment appeal period at
{he m~etin~ scheduled on March 6th, 1984. Carr{~d UnaRimo~sl~..
- AND-
Communication No'. 7~ ~ John Grime - Re: ' Market Value Assessment. The
com21untcation advises that Mr. Mike ~atwijow~ representing the Stanley Avenue
and Kent Avenue Industrial Part Taxpayers' Association, requests permission to
address Council. Mr. Matwijow, President of E.S. Fox Ltd., presented a written
and verbal submission on behalf of Kent Street, Stanley Avenue, and the Industrial
.Park' Taxpayer's Association. He discussed the exorbitant increases and suggested
that the answer, to the problemwas in "the method of redistribution of Market Value
Assessment", that larger industries may have been paying more than'a fair share
of the taxes, and that the entire City was not paying a fair share. Mr..MatwiJow
further suggested that if the classifications could not be interchanged, the
mill rate must be altered to reflect "the fluctuation of Market Value Assessment".
He stated that phasing in of the tax increase over five years would only postpone
the problem. Mr. Matwijow requested that Council appeal the assessments of all
taxpayers with a major reduction in assessments.
The City Treasurer advised Council that there are two mill rates in the
City, in residential and commercial areas, and that the City is regulated in this
regard by the Municipal Act.
.I
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In reply to questions raised the City Treasurer stated that when a large
industry leaves the City the total tax base is adversely affected. He discussed
reductions in the.assessments of industrial properties, and advised that the
assistance of the Assessment Branch was required in order to identify the
industrial assessments. The Treasurer replied to questions raised by Mr. Ferminn
Sustn, Mr. Ralph Powell, t~. Fran Mahady, and Mr. John Grimo.
- AND- ·
Communication No. 73 - Chamber of Commerce ~ Re: Market Value Assessment. The
communication states that the Chamber of Commerce supports the concept of Market
Value Assessment, but suggests a phase in method to alleviate the drast£c
increases some bssinesses have incurred.
- AND -
Communication No. 74 - St. Davids Sand_____~& Gravel Limited - Re: Market Value
Assessment. The communication protests Council's recent decision in favour of
market_ ~D -value assessment, and suggests that a phasing in method be considered.
Communication No. 75 - N orj~hn Contracting Limited . Re: Market Value Assessment.
The communication protests Council's recent decision to change to market value
assessment and requests a phasing in method.
~ AND~
Communication No. 76 - ~Mills Limited - Re: Market Value Assessment.
The communication encloses copies of an appraisal of market value assessment
written by Dr. Frederick W. Short, Ph.D. for the information of Council.
ORDERED on the motion of Alderman Cheesmau, seconded by Alderman Baker, that
the communications be received and referred to Staff and City Council for further
deliberations. Carried Unanimously.
Following further discussion it was moved by Alderman Cummings, seconded
by Alderman Kerrio, that Staff be authorized to appeal the assessments on
Commercial and Industrial properties which have reductions of 25% and over.
~he motion was Defeated mith~.the.~fel,lo~q'.ng vote:
AYE: Aldermen Cummings, Kerrio, and Somerville.
NAYE: Orr,Aldermenand Puttick.Baker' Chessman, Coville,. Hinsperser, Janvary, Keighan, Merrett,
His Worship Mayor Smeaton declared a 10 minute recess at 10:35 p.m.
Following the break Council reconvened in the Council Chambers for the balance
of the Regular meeting.
Alderman Somerville retired from the meeting.
UNFINISHED BUSINESS
N~MING OF PARK IN MOUNT FOREST SUBDIVISION - AND - REPORT OF
CHIEF ADMINISTRATIVE OFFICER
Forest Subdivision. The report recommends that Council consider the contents
the report, then decide on a n,a~ae for the Mun of
Subdivision. icipal Park in the Mount Forest
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr~ that the
park in the Mount Forest Subdivision be named Mount Forest Park. The motion .
Carried with the following vote:
AYE:Merrett,Aldermen· Orr,Chessmen'and Puttick.C°ville' Cummings, Hinsperger, Janvary, Kelghan, Kerrio,
NAYE: Alderman Baker.
COMMUNICATIONS
No. 77 - ~ Mia ara Health Services De art
· he commu~L~e~s~f,~f~m~nt . Re, "NutritionMonth ~9~4".
"Nutrition Month 1984". ~.~zz proczaim the month of March 1984 aa
ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that
the request ben.approved subject to established policy.. Carried Unanimonsl .
No. 78 -'~ - Re: "Niagara Falls Youth Soccer Club Week" -
May 16 to 22, 1984. The communication advises of a'3 day tournamenL in
celebration, of the groups' 25thAnniver~ary~ on the above mentioned dates, and
requests that Council proclaims }~y 16th to 22nd, 1984, as "Niagara Falls Youtk
Soccer Club.Week".
0RDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the
reques.t be approved sub3ect to established policy. 'Carried Unani~
No. 79 - Chamber of Commerce - Re: "The Niagara Chamber of Commerce Week".
The communication requests Council to proclaim the week of M~y 13th to 19th, 1984
as "The. Niagara Falls Ohamber of Commerce Week".
ORDERED On the motion of ~lderman Merrett, seconded by Alderman Coville, that the
request be approved :subject to established, policy, Carried Unanimousl .
No 80 - Canadian Cor~ - Re: 40th Annual "Pilgrimage Parade" -
June 16th, 1984. The communication requests a Parade Permit.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that -the
request be approved. Carrie~~Unanim°usly.
No. 81 ~ Federation of: Canadian Municipalities (FCM) - Re: Submission to
MacDonald Commission Hearings & Transport Canada Committee Hearings. The
communication encloses copies of the above information respecting the Domestic
Airfare Policy.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Orr, that the
communication be received and filed. Carried Unan~
No. 82 - Niagara Falls Black Hawks & Regenc Hocke Club - R~: Hockey Tournament
March 9 - 11, 1984. The communication requests a Special Occasion Permit.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the request of the Niagara Falls Black Hawks and Re~en~y Hockey. Club for a special
occasion permit for the hockey tournament'to b~ held oh March 9th, 10th, and llth,
1984, to be held at all four arenas in the City of Niagara Falls, be approved,
subject to the approval of the Regional Police Department, the Niagara Falls Fire
Department, the Niagara District Health Unit, and the Liquor Licensing Board of
Ontario. Carried Unanimousl .
No. 83 - Chi awn Volunteer Firefighters Association - Re: Annual Benefit
Sis-Pitch Tournament - July 5th to 8th, 1984 at Chippawa Fire Hall. The
communication requests a Special Occasion Permit.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the request of the Chippawa Volunteer Firefighters Association for a special
occasion permit for their Annual Benefit Sis-Pitch Tournament to be held on
July 5th, 6th, 7th, and 8th, 1984, to be held at the Chippawa Fireball, be
approved, subject to the approval of the Regional Police Department, the Niagara
Falls Fire Department, the Niagara District Health Unit., and the Liquor Licensing
Board of Ontario. Carried Unanimousl .
No. 84 - Chi awn Volunteer Fireft hters Association -Re: Annual Benefit.
Sis-Pitch Tournament - July 7th, 1984 at Niagara South-Arena'Complex. -The
communication requests a Special Occasion Permit.
ORDERED on the mo[ion of Alderman Cummings, seconded byAlderman Hinsperger, that
the request of the Chippewa Volunteer Firefighters Association for a special
occasion permit for their Annual Benefit Sis-Pitch Tournament to be held on
July 7th~ 1984, to be held at the Niagara 8outh Arena Complex, be apppoved,
subject to the approval of the Regional Police Department, the Niagara Falls Fire
Department, the Niagara District Health Unit~ and the Llquor~Licenaing Board of -
Ontario. Carried Unanimousl . ,
REPORTS
No. 95 - Chief Administrative Officer - Re: Subdivision Application Procedures.
The report recommends that th------~-----~attached procedure for the processing of subdiv-
ision applications be accepted and approved.
ORDERED on the motion of Alderman C~mnings, seconded by Alderman Coville, that
the report be received and adopted. Carried Unan'imousl .
-8-
No. 96 - Chief Admin£strattve Officer - Re: Proposed Severance Application -
Nancy Aello, 6800 Mountain.Road. The report recommends that the request to
create three additional residential building lots from the property municipally
known as 6800 Mountain Road by Consent Application be endorsed by Council subject
to the conditions outlined in this report.
Mr. Brian Sinclair, Solicitor, and Agent for the Applicant was present at
the meeting.
ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
No. 97 - Chief Administrative Officer - Re: Proposed Amendment No. 144 to the
Official Plan for the Niagara Falls Planning Area (Ontario Hydro Application
AM-17/83), Ministry File No. 26-0P-2226-144. The report recommends that the
by-law appearing on tonight's agenda re-adopting Official Plan Amendment No. 144
be passed.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that the
report be received and adopted. Carri~
See By-law No. 84-60.
No. 98 - Chief ~ministrative Officer - Re: AM-11/79 and Proposed Motel
(River In~d between John and Philip Streets. The
report recommends that the Council pass a resolution at tonight's meeting
expressing its intent to enact a further amendment to zoning By-law No. 79-200
as amended by By-laws 79-154 and 81-208 to provide that the land to be used for
the purpose of a motel must comprise not less than the whole of the land bounded
by River Road, John Street, River Lane and Philip Street. Alderman Putttck
advised that one of the land owners was out of town.
ORDERED on the motion of klderman Puttick, seconded by Alderman Hinsperger, that
the report be tabled. Carried Unanlmousl .
No. 99 - Chief Administrative Officer - Cash-in-Lieu Agreement between The
Corporation of the City of N~lls and Pasquale Ramunno, Centre Street
(south side between Victoria Avenue and Ellen Avenue). The report recommends
that Council pass the by-law on tonight's agenda authorizing the cash-in-lieu
agreement with Pasquale Ramunno.
ORDERED Da the motion of Alderman Orr, seconded by Alderman Cummings, that the
report be received and adopted'. C~rried Unanimousl .
See.~.%~law No. 84-59~___~
No. 100 - Chief Administrative Officer - Re: Site Plan Approval, proposed 8 Unit
Apartment, Port------~ge Road and ~ve(south/east corner). The report
recommends that the Council approve the site plan on display at tonight's meeting,
being a proposed 8 unit apartment, and the site plan being drawing number 5015-SP-1
dated January 25, 1984, and the site services and grading plan being drawing
number 5015-56-1 dated January 25, 1984, and filed with the Buildings and
Inspections Department of the City of Niagara Falls on January 26, '1984, and that
such approval be subject to the conditions contained in the report.
ORDERED on the motion of Alderman Cheesmae, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimousl .
No. 101 - Chief_Administrative Officer - Re: Site Plan Approval, Proposed
Muffler Shop, Pin Oak ~ south of M~L~od ROad)~ The report
recommends that Council approve the site plan on display at tonight's meeting,
being a proposed muffler shop, and the site plan being drawing number P-001
dated February 2nd, 1984, and filed with the Buildings and Inspections Department
of the City of Niagara Falls on March 2nd, 1984, and that such approval be subject
to the conditions contained in the report.
ORDERED on the motion of Alderman Baker, seconded by Alderman Merrett, that the
report be received and adopted. Carried Unantmousl .
No. 102 ~ ~i~t~trative Officer - Re: Implementation Agreement . Chippewa
Ontario Neighbourhood Improvement Program. ~he report recommends that Council
pass the by-law on t6nlght,s agenda to authorize the implementation agreement
with the Minister of Municipal Affairs and Housing.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Kerrto, 'that
the report .be received and adopted, Carried Unanlmousl , _
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No. 103 - Chief Administrative Officer - Re: (a) By-law to Authorize the
Reconstruction of Buchanan Avenue from Ferry St. to Robinson St.;
(b) By-law to Authorize the Reconstruction of Queen St. from River Rd to
Zimmerman Ave.- The report recommends the following:
1) That Council hear any person who claims that his land will be prejudicially
affected by the by-laws appearing on tonight's agenda, to authorize the
above works;
2) Subject to there being no valid objections, that the by-laws be given
three readings and passed by Codncil.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
See By-laws No. 84-53 and
By-law No. 84-54.
No. 104 - Recreation Commission ' Re: Cardiac Track - Ontario Hydro Property.
The report recommends that Cou--'--~cil correspond with the Ontario Hydro indicating
approval of the Cardiac Track - Ontario'Hydro Property, between Homewood Avenue
and the Badminton Club and south of Morrison Avenue.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cov£11e, that
the report be received and ~ddpted. Carried U~
No. 105 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends payment of the accounts in the aggregate amount of $187,742.96 for
the two week period ending March 5, 1984.
Alderman Hinsperger declared a conflict of interest on Cheque No. 23541
as an employee of the company.
Additional information was provided for Cheques No. 23518, 23526, 23552,
and 23643.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
the report be received and adopted. The motion Carrie~dwith Alderman Hinsperger
abstaining on Cheque No. 23541.as p~eviously recorded~, and all others voting in
favour..
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary,
that approval be given to proceed past 11:00 p.m. :Carried U~
REPORTS
No. 106 - Chief Administrative Officer - Re: Tendering Fire Department Clothing
(Uniforms,' Shirts, Ties, Reefer Coats-----~-~-~--~ and Fatigue' Pants). The report recommends
that tenders be called as soon as possible for 1984 Fire Department clothing.
'ORDERED on the motion of Alderman Orr, seconded'~bY Alderman Cheeeman, that the
reportbe ~eceived and adopted. Carried Unanimously.
No. 107 - Chief Administrative Officer - Re: Ontario Municipal Fire Prevention
Officers' ~Conference, Stratford, Ontario -'April'16-19, 1984.
The report recommends that the Director of Fire Prevention John Simon be
authorized to attend the Annual Conference of the Ontario Mun{cipal Fire
Prevention Officers' Association to be held in Stratford, Ontario, from April 16
to 19, 1984. Mr. Simon is 'past president of the Association.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carrle______d__dUnanimously.
No. 108 - Chief Administrative Officer - Re: Surplus Property - Town of Niagara
on-the-Lake. Th-------'~report recommends t---------------'-~at the City of Niagara Falls notify the
~own of Niagara on-the-Lake t~at the Munfctpality is not interested in the
purchase of property located on the west side of Regional Road 100, immediately
north of the Railway Line which has been declared surplus to their needs.
ORDERED on the motion of Alderman Coville, seconded by Alderman Baker, that the
report be.received and adopted. Carried Unanimousl ·
.... · ".l .... 10
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No. 109 - Chief Administrative Officer - Re: Pornography Concerns - Tom Prue.
...... c-~..e .... that .. contents contained therein be noteA ~nd the report
be received and filed. Hr. Prue was in attendance at the Council meeting.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that
the report be received and filed, and further, that a copy be forwarded to Mr.
Prue. Carried Unanimously.
No. 110 - Chief Administrative Officer - Re: Canada Works Program. The report
recommends that the By-law authorizing the Mayor and Clerk to sign two Agreements
with the Employment Development Branch ia connection with the above program, be
approved.
ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the
report be received and adopted. Carried U~animousl_]~
See.~_e~-law No. 84-61.
No. 111 - Chief Administrative Officer - Re: Pedestrian Walkway and Watermain
Basement from the South Limit of Rapids View Drive to the Intersection of Keller
and Mechanic Streets. The report recommends that the by-law appearing on tonight's
agenda, which authorizes acquisition of a pedestrian right-of-way and a watermain
easement from the Niagara Parks Commission at the above location, be approved.
ORDBRED on the motion of Alderman Kerrio, seconded by Alderman Baker, that the
report be received and adopted. Ca~__rrted Unanimousl.___y_L '
See B-law No. 84-57.
No. 112 - ~~in .~& Traffic Committee . Re: Agreement with Canadian
Corps of Commissionaires. The report recommends that the by-law appearing later
on the agenda, authorizing an Agreement with the Canadian Corps of Commissionaires
for by-law enforcement purposes, be approved.
Alderman Cummings declared a conflict of interest since a relative is
involved in the group.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Merrett,
that the report be received and adopted. The motion Carried with Alderman
Cummings abstaining from the vote on a conflict of i~previously recorded,
and all others voting in favour.
See B -law No. 84-56.
No. 113 - ~ . Re: Negotiations _ Niagara Falls Fire Fighters.
The report recommends that the amendments, attached to the report, and agreed upon
by the Negotiating Committee, together with a general increase in '%alariea of
4.97%, effective January 1, 1984, be approved.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger~ that
the report be received and adopted. Carried Unanimousl .
COMMUNICATION
No. 85 - ~ _ Re: Niagara Falls Unemployed Help Centre.
co~municatton invites City Council to attend the Official Opening of the Centre
at~4593 Queen Street, on March 9th, 1984 between. 3:00 p.m. and 5;30 p.m.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the report be received and filed, and as many members as possible attend.
Carried Unanimousl .
BY-LAWS
ORDERED on the motion of Alderman
leave be granted to introduce the Hineperger, seconded by Alderman Coville, that
first time: following by-laws and the by-laws be read a
No. 84-53 . A by-law to authorize the reconstruction of BUchanan Avenue from
Ferry Street to Rob/neon Street.
No. 84-}_______~4 r A by-law to authorize the reconstruction of part of Queen Street, the
establishment of certain lands as part of QUeen Street~ and the
stopping up and closing of part of Cataract Avenue.
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No. 84-55 - A by-law to authorize an agreement with The Minister of Municipal
Affairs and Housing. (Implementation of a Redevelopment Plan for
Chippawa Area - Phase II).
No. 84-56 -.A by-law to authorize an agreement with Canadian Corps of
Commissionaires (Hamilton).
No. 84-57 - A by-law to authorize the acquisition of an easement for a watermain
~ and a right-of-way for a pedestrian walkway from Niagara Parks
Commission.
No. 84-5~8 - A by-law to authorize the execution of a deed to Stanley R..Catton
and Norms Carton.
No. 84-59
No. 84-60
- A by-law to
Ramunno, In
A by-law to
Plan of the
authorize the execution of an agreement'with Pasquale
Trust, respecting parking.facilities.
provide for the re-adoption of an amendment to the Official
Niagara Falls Planning Area.
No._84-61 - A by-law to
Immigration
No. 84-62 - A by-law to
authorize agreements vith Th9 Canada Employment and
Commission.
provide monies for general purposes.
The motion
84-56 on a
Hinsperger
previously
Carried with klderman Cumming~ abstaining from the vote on By-law No.
confli--------~t of interest previously recorded in Report No. 112; Alderman
abstaining from the vote on By-law No. 84-62, on a conflict of interest
recorded in Report No. 105; and all others voting in favour.
ORDERED on the motion of Alderman Cummings~ seconded by Alderman Merrett, that
the following by-laws he now read a second and third time:
No. 84-53 - A by-law to a~ihorize the reconstruction o~'Buchanan Avenue from
-- Ferry ~treet ~o Robinson Street.
No. 84-54 - A by-law to authorize the reconstruction of part of Queen Street, the
establishment of certain lands as part of Queen Street~ and the
stopping up and closing of part of Cataract Avenue.
No. 84-55 - A by-law to authorize an agreement with The Minister of Municipal
-- Affairs and Housing. (Implementation of a Redevelopment Plan for
Chippawa Area - Phase II).
No. 84-56 - A by-law to authorize an agreement with Canadian Corps of Commissionaires
(Hamilton).
'No. 84-57 - A by-law to authorize the acquisition of an easement for a watermain
------r---, and a right-of-way for a pedestrian walkway from Niagara Parks
Commission.
No. 84-58- ~ by-law to authorize the execution of a deed to Stanley R. Carton
and Norms Catton~'--.*' .
. No. 84-5.______~9 - A by-law to authorize the execution of an agreement with Pasquale
· Ramunno, In Truers respecting, parking facilities.
No. 84-6__0 - A by-law to pFovide for the re-adoption of an amendment to tile
Official Plan of the Niagara Falls Planning Area.
No. 84~61 - A by-law to authorize agreements with The Canada Employment and
Immigration Commission. .
No. 84-62- A by-law to provide monies for general purposes.
The motion Carried with Alderman Cummings abstaining from the vote on By-law No.
84-56 and Alderma-----'-~Htnsperger abstaining from the vote on By-law No. 84-62, on
conflicts of interest previously recorded, and all others voting in favour.
· 0,. · 12
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NEW BUSINESS
WINTER STORM OF '84
The Chief Administrative Officer referred to the recent snow storm and
commended Staff, and the Police and Fire Departments for their efforts on
behalf of the City.
Alderman Janvary commended the local radio station C.J.R.N., the Media,
and Fire Department, as well as all who assisted others during the few days of
isolation.
Alderman Cummings advised that he had presented a plaque to C.J.R.N.
on March 2nd, 1984, in appreciation of the assistance provided during the
days of the winter storm.
JUDGE JOHNSTONE L. ROBERTS - RETIREbiENT
Alderman Keighan referred to the retirement of Judge Johnstone L. ROberts
of the Provincial Court.
ORDERED on the motion of Alderman Keighan, seconded'by Alderman Cummings, that
Judge Roberts be wished a successful retirement. Carried Unanimousl .
CIVIC COMMITTEE UPDATE
Alderman Janvary provided the following information on behalf of the
Civic Committee: ,
1) Citizenship Court, Wednesday, March ?, 1984, 1984 at 10.:30 a.m. in the
Council Chambers;
2) Alderman Janvary is accompanying Miss Irene Ploszczansky to Toronto on
Thursday, March 8th, 1984 to receive the Vanler Award.
~NTOWN BOARD OF MANAGEMENT
Alderman Merrett referred to the C.A.U.S.E. Study in April 1984, and
requested back-up assistance. Alderman Puttick volunteered ~%s services if
required. .
MICROPHONES . COUNCIL CHAMBERS
Alderman Kerrio requested that the microphones in the Council Chambers
be checked out prior to Coumcil meetings, and further, that the City T~easurer
be provided with an new microphone.
It was moved by Alderman Merrett, seconded by Alderman Janvary, that
the meeting adjourn.
READ AND ADgp_T£D'
TENTH MEETING
PLANNING/REGULAR MEETING
Council Chambers
March 12, 1984
Council met on Monday, March 12th, 1984 at 7:30 p.m. for the purpose of
considering Planning Matters and general business. Ail members of Council
were present with the exception of Aldermen Cheesman, Cummings, Hinsperger, and
Somerville. His Worship Mayor Smeaton presided as Chairman. Alderman Puttick
offered the Opening Prayer.
ONE MINUTE_____~OF SILENCE
A minute of silence was observed in memory of the late Mr. Doug Austin, former
Sports Editor of the Niagara Falls Review, and a well know~ and respected member
of the. community.
PRESENTATIONS
BRAVERY MEDAL & cITATION - JOHN MARSH - AND -
HONORARY TESTIMONIAL - WILLIAM PETER QUINLIN & JOSEPH F. CAMISA
'Mis Worship ~l~yor Smeaton congratulated and .presented Mr. John Marsh with
a Medal and Citation from the Royal Canadian Humane Association, for the rescue
of Miss Sherry Vyverherg of .ROchester, New Yqrk, from the Niagara Rlwer on
May 30th, 1983.
His Wot'ship Mayor Smeaton congratulated and presented Honorary Testimonials
from the Royal Canadian Humane Association to William Peter Quinlin and Joseph
F. Camisa, who assisted in rescue of Miss Vyverberg.
BRAVERY MEDAL & CITATION - AND - CITY OF NIAGARA FALLS BRAVERY AWARD -
DAVID HARE ~
His Worship Mayor Smeaton offered congratulations and'presented David
Hare with the Bravery and Citation from the Royal Canadian Humane Association,
and with the City of Niagara Falls Bravery Award. On August 4th, 1983 David
rescued hie friend, Gregory Trebilcock, who was experiencing difficulties in
Chippawa Creek.
ADOPTION OF MINUTE~
ORDERED on 'the motion of Alderman Merrett, seconded by Alderman Orr, that
the minutes of the meeting held March 5th, 1984, be adopted as printed.
Carried Unanimousl .
REPORTS - PLANNING MATTERS
'No. 114 - (PD/17/84) - Chief Administrative Officer - Re: AM-7/83 Zoning
Amendment application - St. George Serbian Or--'----thodox Church, Applicant. The
~eport advises that the Planning and Development Committee recommend approval of
the application.subject to Site Plan Control, and taking into consideration the
matters included in the Planning Department Staff report and matters raised by-
residents.
The City Clerk reviewed the proposal of an amendment to the City Zoning
By-law. to change the designation of approximately 28.6 acres of land being part
of Township Lot 140 and Lot 11, according to Registered Plan 118, from R.1.D.
(Residential Single Family) and DH (Development Molding) to IZ (Institutional
Zone). He advised that the intent of the proposal is to bring into conformity
an exieting church (Place of worship), residential building, hall% sports and
picnic grounds, and service building, and also to further permit the development
'of an assembly hall, pavilion, Sunday School, administration building, Bishop's
residence, a reeidence for senior and retired members and some limited staff
(caretaking and maintenance or security), as well as an expansion to the sports
and picnic areas.
-2 -
The Clerk discussed the procedures specified by the New Planning Act dated
August 1, 1983, and advised that interested persons were notified of the Public
Meeting by first class mail on February 8th, 1984.
In response to a request for comments from the Applicant's agent, Mr. John
J. Broderick, Solicitor, advised that the matter had been considered by the
Planning Board one year ago, and that all items of concern had been satisfied,
with the exception of a 20 metre set-back on the easterly boundary. He stated
that the present building would be closer than 20 metres and it would not be
prudent to make the building a non-conforming use.
Mayor Smeaton requested comments from any other persons, or persons speaking
for the applicant, and received no response. He advised that any person wishing
further notice of the passing of the amendment to leave identifying information
with the City Clerk. Mayor Smeaton reviewed the procedure required under the
Act.
The Senior Planner explained the proposal, reviewed tbs surrounding lands
with a map demonstration, and advised that the Planning Committee was concerned
with the protection of the existing residential area. He discussed the
problems which had been resolved by the following:
a) reducing the frontage requirement from 30m to 1Sm;
b) not permitting any new building of structures closer to the easterly boundary
than 2Om;
c) limiting the residential building to be used by senior~ and r~tired personnel,
as well as any 2 of the units by other caretaking, maintenance or security
staff, having not more than 20 dwelling units and such building limited to
2 storeys in height;
d) permit a chain link fence to be constructed along the easterly boundary of
the lot adjacent to the existing residents along Montrose Road.
The Senior Planner discussed a modular form of parking with green spaces,
the 20 metre set-hack with the exception of the existing residence, buffering,
extended parking facilities, improvements to the ingress and egress point, and
the protection of rare white oak trees in the subject area. In reply to
questions raised, the Senior Planner further discussed the 20 metre buffering
which applies to the boundaries of residential properties, as well as the
required site plan approval.
Mr. Harold Evans, 6112 Montrose Road, requested further information regarding
the entrance to the parking lot, and expressed concern with respegt to increased
traffic and parking problems resulting from conventions. He stated that Montrose
Road is a "busy artery" to Niagara Square. The Senior Planner stated that some
activities which occur on the site would require parking which could not be
accommodated. He further advised that Montrose Road is a Regional responsibility
and the standards for ingress and egress into Regional roads would be included in
the site plan for approval.
Mayor Smeaton stated that the quality of Montrose Road, and in particular
the ditch, had been a concern of the Region, and that the road was scheduled
for widening and improving.
In reply to questions raised by Council members, the Senior Planner discussed
the building to be used by seniors and retired personnel.
Mayor Smeaton requested further comments and..questions from Council. '
Alderman Merrett stated that Staff has worked closely with tile applicant and
neighbours in the area.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the
report be received and the r~commendatio~ adopted .... Itwas further.recommended
that a by-law be prepared, tarried Unanimously.
No. 115 - (PD/19/84) . Chief Administrative Officer . Re: Commercial Area
Improvement Progranf (CA~') for ~9~/8~' ~r0gram Year. The report recorranends
the following:
· ,3
-3 -
1) That the budgetary and financial'implications of the City's participation
in future Commercial Area Improvement Programs be considered by the Finance
Committee.
2) That a presentation of the CAIP requirements be made to the Finance Committee
by the Director of Planning & Development to assist in its discussions.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Orr, that
the report be referred to the Finance Committee for consideration.
Carried Unanimously..
No. 116 - Chief Administrative Officer - AM 11/79 and proposed Motel (River Inn)
on west side of River Road between John and Philip Streets. The report
recommends that the Council pass a resolution at tonight's meeting expressing
its intent to enact a further amendment to zoning By-law No. 79-200 as amended
by By-laws 79-154 and 81-208 to provide that the land to be used for the
purpose of a motel must comprise not less than the whole of the land bounded
by River Road, John Street, River Lane and Philip Street.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Coville, that
the report be received and adopted- Carried Unanimouply..
See Resolution No. 14.
No. 117 - (PD/20/84) - Chie.f Administrative Officer - Re: AM-20/83 Zoning
Amendment Application - R. & P. Soyka, Applicant. The report advises that an
understanding has been reached in connection with a concern raised by the
Solicitor for the Applicant, and that the Solicitor is prepared to accept the
by,laws as originally prepared, and no further notice is required.
The City Clerk reviewed the proposal to change the zoning for 7167 Stanley
Avenue from DTC (Deferred Tourist Commercial) to TC (Tourist Commercial) and
the addition of a Pet Grooming Shop to the Personal Service Shop.
Mr. Paul Heath, Solicitor for the Applicant, advised that the Applicant
had mst with Regional Planning personnel for a discussion and clarification,
and that the Applicant now wishes the mat~er to Proceed for approval.
Mayor Smeaton requested comments from persons opposed to the application,
and received no response.
The City Clerk advised that the Notice of Public Hearing had been ,'sailed :
to all interested persons Jonuar¥~10th, ~19.84.fom the~Ee.brua=y 13th.meeting.
Mayor Smsaton requested that persons wishing to receive further notice of
the passing of the amendment to leave names and addresses with the Clerk.
The Senior Planner summarized the detai'ls of the application with a map
demonstration, and recommended approval of' the application.
There was no response to Mayor Smeaton's request for persons wishing to
speak for, :or against, the application. The Applicant's Solicitor had no
additional comments.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Merrett, that
the report be received and the application approved.' Carried Unanimously.
See By-laws No. 84-43,
a_n . Np,.. 84-, 4.
No. 118 - (PD/18/84) - Chief ~mtnistrattve Officer - Re: Niagara Peninsula
Conservation Authority '~ntertm Watershe~ ~lan. The report recommends that it
be received for informa~ion a~d a repomt ~orwarded to Council on March 19, 1984.
The N.P.C.A. was represented at the meeting by Ms. Gayle,Hall, Acting
Director of Operations, Ms. Marie Poirier, Watershed Planner, and Mrs. June
Gardner, member o~ the organization. Ms. Hall discussed the funding of the
Authortty~ the requirement of the Province for planutng documents to Justify
expenditures, and submission of a Watershed. Plan by each of the 39 Conservation
Authorities in O~tario.
Ms. Pottier reviewed the history, issues involved, and future direction of
the programs with the assistance of a video presentation. She discussed the
(1) Water Management Program, (2) Water Related Land Management Program,
(3) Conservatton/Recreatto~ Program, an~ (4) Community Relations Program.
-4-
Conservation Authority's budget in terms of cost estimate with respect to
programs and administration, as well as the staff complement.
Council received and noted the information contained in the report; and Mayor
Smeaton expressed appreciation to the Authority's representatives and assured then
of Council's interest in future development of the programs.
PROBLEMS - MR. WALLY MALKIEWICH
Mr. Wally Malkiewich, 4366 Lyons Creek Road, discussed the deteriorated
conditions in connection with sewage disposal on Lyons Creek Road~ the inadequacy
of the sewage system causing a cessation of new home construction, and the health
hazard to residents. .He requested that Council consider the installation of the
sewage system which had been approved '~any years ago".
Mr. G.V. Beck, 4384 Lyons Creek Road, was in attendance at the meeting and
~xpressed. a~number of coRcerns. Mr. Beck acted as spokesman for the residents.
He stated that the required sewage system had been approved in 1975 and nuraerous
other times, requested information regarding the reason for the delay in
installation.
The Acting Director of Municipal Works discussed the area in question with
a posted sketch. He stated that a local improvement by-law had been passed for
the construction of the sanitary sewer. However~ a 150' section of sanitary
sewer is required to be constructed by the Region before the City can begin.
The Actisg Director further stated that notification had been received from the
Region that the item would be included in the 1984 Capital Budget. He advised
that a report for approval of an application to the Ministry of Municipal
Affairs and Housing for an O.N.I.P. grant has bees included later on tonight's
agenda. The program would provide 50% funding by the Province, and ff approved,
installation could begin early in 1985. Mayor Smeaton discussed the priority level
of the required sewage system since a health hazard is involved. He advised that
he would contact the Region in order that this high priority item would be k~pt
in the 1984 Regional Budget.
ORDERED on the motion of Alderman Puttick~ seconded by Alderman Merrett~ that
the matter be referred to the Municipal Works Committee for consideration and
a report. Carried U~animousl .
UNFINISHED BUSINESS
1984 MEMBERSHIp FEE TO F.C.M. - AND .
REPORT OF CHIEF ADMINISTRATIVE OFFICE._~R ~
No. 119 - Chief Administrative Officer
Federation~ ' Re: 1984 Membership Fee to the
The report recommends that Council
consider the payment of the 1984 membership fee to the Federation of Canadian
Municipalities in the amount of $4,257.60.
Alderman Puttick requested to have it recorded that because of the 50%
increase in membership fees since 1982, as well':as his opinion that the-F.C.M.
wasthe recommendation, not adequately supporting the Municipalities, he would be in opposition to
ORDERED on the motion of Alderman Merrett~ seconded by Alderman Janvary,
that the report be received and adopted. The motion Carrie______~dwith the following
VOte:
AYE: Aldermen Baker, Coville~ Htnsperger, Janvary, Keighan~ and Merret't.
NAYE: Aldermen Kerrio, Orr, and Puttick.
IMPLEMENTATION OF MARKET VALUE ASSESSMENT _ AND .
REPORT OF MAYOR SMEATON
No. 120 - ~ . Re: Implementation of Market ~ '
report reviews the problems arising as a reeu ~ ~__,._.alu.e Assessment. The
It ~ ,,,-r~c value based assess- .
ment which-were considered at the recent meeting with Mr. Jack Lettner~
Assistant Deputy M~nister responsible for the Property Assessment Program~ and
~ir. Terry Wilkes, Niagara Regional Assessment Commissioner, amd advises of the
statist/teledate regarding r~cent.appeale, the request to the ~l~tetry fdr
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a printout of increases and decreases in an ascending and decreasing order, and
the investigation to be made of measures available to graduate the increases
and decreases in taxation as provided by The Municipal Act. It was noted that
only 2 of the 430 municipalities which adopted market value based assessment
have used the provision of The Municipal Act to graduate changes. The report
attaches a communication from the Minister of Revenue dated March let, 1984,
which reviews features of the Section 63 re-assessment program previously
incorporated in the Regional Assessment Commissioner's presentation of the tax
impact study, advises thai'there is no provision under the Assessment Act that
would permit the Minister of Revenue to roll back assessments, and the result
of a roll back on property owners who would recognize the previous inequalities
of assessment that have now been documented, as well as the serious erosion of
the municipql tax base and preservation of'the inequities in under-assessed
properties. The comraunication refers to the deadline of March 7, 1984 for the
filing of an appeal, and notes that the Municipal Act permits a Municipal Council
tq phase-in tax increases that result from a general re-assessment.
A discussion followed regarding the cities which had graduated the changes,
the adequacy of the appeal period, the information available to City Council
before the decision was made for re-assessment under Section 63, a~d the possi-
b:llity of. Province-wide re-assessment by 1986.
The Chief Administrative Officer discussed actions taken by the City in an
attempt to follow up the concerns of the taxpayers. He suggested that the last
avenue of assisEance rests with the legislation provided by the Municipal Act,
and 'involves a phasing-in of increases. The Chief Administrative Officer
stated that prior to a decision being made with respect to a phasing-in method
the dollar value must be known. ~e advised further that the interim tax bills
were currently being processed, and that as soon as the bills are completed
Staff will proceed with actions to obtain the required information on costs.
The Chief Administrative Officer stated that a decision regarding a phasing-in
method.must be made before the mill rate is set.
Mayor Smeaton advised that he was concerned respecting the uniformity of the
system within the Region and referred to his wish to schedule a meeting with
Provincial Officials to discuss Yarious matters of concerns.
'During further discussion it was noted that 17 industries were receiving
a decrease in assessment and 300 industries would receive an increase resulting
in an assumption that the overall increase would not he. a.substantial one.
Mr. Duncan .Graham, Autoland Chr.ysler Ltd., expressed his-concerns and
questions related to the problems encountered by industries, and requested
documentary evidence to present to officials of the Provincial Government. He
questioned.the reason the Province did not make the re-assessment uniform.
He suggested.that Council direct a letter to .the Premier of Ontario immediately
with respect to the situation. '
The Chief Administrative Officer stated that attempts had been made to
arrange a meetin~ with the Premier of Ontario, without success.
Hr. Tom Prue, 6531 Level Avenue, advised that an appointment has been
arranged with the Honourable Bud Gregory, Minister of Revenue for March 19th,
1984 at '2:00 p.m., with representatives from a legal office, and a Rumber of
concerned taxpayers~ to discuss Market Value Assessment.
M~. Dorino 8uein referred to the cost of taxation a~d mortgages versus the
income per year. He referred further to the current economic situation and the
inability of the market to meet the costs. ·
Mr. John Grimo discussed a cost comparison for products manufactured in
.Canada and the United States, and the 4ifficul~y of competing in world markets.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Merrett~ that
the report be received and tabled for further information. Carried Unanimousl .
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NOISE & VIBRATION REDUCTION PROORAM - CANADIAN RACING PLATE LTD. - AND -
REPORT OF CHIEF ADMINISTRATIVE OFFICER
No. 121 - Chief Administrative Officer - Re: Noise and Vibration reduction
program, Canadian Racing Plate Ltd., 4097 and 4141 Victoria Avenue. The report
recommends that the Ministry of the Environment be notified that their proposal
for the noise and vibration abatement program at Canadian Racing Plate Ltd. as
outlined in their letter of February 20, 1984 is acceptable to the City Council;
and further that a copy of this report be provided to all residents who recently
petitioned Council for remedial action.
A discussion ensued regarding the acceptability of the proposed program and
the possibility of a future delegation from the area with complaints regarding
the noise. It was agreed by Council that the recommendation be amended to read
that Council has no objection to the program.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Puttick, that the
amended report be received and adopted. Carried Unanimousl .
CO~tUNICATIONS
No. 86 - F. John Prentice - Re: Bill 169. The communication refers to a recent
issue of "Con'-'~sensus", published by the National Citizens' Coalition, and to a
resolution passed by the Council of the County of Brant expressing concern with
respect to provisions outlined in Bill C-169 passed in the Rouse of Commons.on
October 25, 1983, related to unwarranted restriction of individual freedom of
expression during a Federal election. The communication requests that City Council
express concern and opposition to Bill C-169.
During the discussion that followed it was agreed that further information
should be obtained regarding Bill C-169. The Clerk advised that unsuccessful
attempts had been made to contact Mr. Prentice who was out of the City this week.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the
communication be tabled for further information. Carried Unanimousl .
No. 87 - ~. Re: Transfer of grants from Province & Metro Dome.
The communication refers to the proposed Domed Stadium in Metro Toronto at a
cost to the taxpayer of $200~000,000., and suggests a~tiona to be taken to finance
the construction through private enterprise. Council discussed the possibility of
funding the venture through lotteries.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that the
communication be received and filed. The motion Carrie______~dwith the following vote:
AYE: Aldermen Raker, Covllle, Keigha~, Kerrio, Merrett, and Puttidk.
NAYE: Aldermen Janvary, and:Orr..
Following further diacuesion it was moved by Alderman Keighan, seconded by
Alderman Merrett, that the Chief Administrative Officer draft a letter of inquiry
to the Provincial Government regarding the POssibility of using lottery funds for
. the construction of the dome in Metro Toronto, and if not, why lottery funds could
not be made available for this purpose. The motion Carrie____~.~dwith the following Vote:
AYE: Aldermen Baker, Coville, Janvary~ Ketghan, Kettle, Merrett, and Orr.
NAYE: Alderman Puttiek.
requests Council to support the Annual Appeal
for funds, and to proclaim April 1984 as "Cancer Month,, in Niagara Falls.
ORDERED on the motion of Alderman Covllle, seconded by Alderman Baker, that the
request be approved subject to established policy. Carried bhantmousl .
No. 89 . ~?lunteer Bureau . Re: "~olunteer Week" - April 23 - 29, 1984. The
communication reviews the events ptanned for the subject Week, and requests that
Counet! proclaim the week of April 23rd to 29ths 1984 as "VolUnteer Week".
Mrs. Lynns J. Savage, 7340 Fern Avenue, addressed Council on behalf of the
Volunteer Sureau. 8h6 referred to the events proposed for Volunteer Week, i.e.,
The COed Neighbour Then and Now essay contest, and Community Awards Night,.with
Guest Speaker, Gordon Lugsd~n, and invited the participation of Council.
ORDERED sa the motion of Alderman Janvary~ seconded by Alderman Kerrio, that the
request be approved subject to established policy. Carried Unanimousl .
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No. 90 - Czechoslovak National Associatio~n of Canada - Re: "Day of Slovak
Independence". The communication attaches information respecting the Day of
Slovak Independence and discusses the goal of the Permanent Conference of
Slovak Democratic Exiles in Canada which is comprised of Slovak political
leaders who escaped from Czechoslovakia after World War II.
ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the
communication be received and filed. Carried Unanimousl~
No. 91:- Rec clin Su oft Council - Re: Multi-material'Recycling Program.
The communication expresses concern over the delay by the Provincial Government
ia beginning a major multi-material recycling program.
ORDERigD on the motion of Alderman Merrett~ seconded by Alderman Keighan, that
the communication be referred to the Municipal Works Committee for consideration.
Carried b%lanimousl .
No. 92 - D. M. Brockwel~l - Re: Koin Kar Wash, St. Paul Street. The communication
exprssses opposition to the increased assessment in 1984 and requests that a
phase-in method be used for the increases.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the
communication be received and filed. Carried Unanimously.
REPORTS
No. 122 - Munici al Works Committee - Re: Disposal Municipal Solid Wastes,
Occidental Chemical Corporation Incinerator, Niagara Falls, New York. The report
recommends that Browning-Ferris Industries be advised that the quotation submitted
to dispose of municipal wastes from the City of Niagara Falls at the Occidental
Chemical Corporation Incinerator is too high and~ therefore, the City does not
wish to consider this proposal at this time.
ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the
report be received and adopted. C_.arried Unanimously.
No. 123 - Chief Administrative Officer ~ Re: Parking on Cadham Street. The report
recommends that parking be removed at all times from the north aide of Cadham
Street, from Frontenac Street to Drummond Road.
ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimousl .
No. 124 - Chief Administrative Office~ - Re: Parking on Lorne Street. The
report recommends that parking be prohibited from the south side of Lorne Street
between Centre Street and MacDonald Avenue.
ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the
report be received and adopted. Carried Unanimously.
No. 124 ~ Chief A~ministrative Office._~r - Re: Stop Signs and Yield Signs. The
report recommends the following: ~,:
1) That the Yield Sign on Progress Street at Ktster Road be removed, and that
the necessary.by-law be prepared to allow the erection of'Yield Signs on
Klstar Road at Progress;
2) That the necessary by-law be prepared to relocate 'the existing Stop Sign on
Walnut Street at Ellen Avenue to the location on Ellen Avenue at Walnut Street.
3) That the Yield Sign recently removed from Wiltshire at Harrtman be re-erected.
The Acting Director of Fublic Works replied to questions raised regarding
confusion concerning the changing of the signs, and possible traffic congestion
during the tourist season.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman errs.that the
report be received and adopted. Carried Unanimousl .
NO. 125 - Chief Administrative Office.~r - Re: Tenders for Hydraulic Cleaning of
Sewers and Culverts, and Television Inspection of Sewers. The report recommends
the following tenders be accepted:
1) Hydraulic Cleaning of Sewers & culverts - Thuro Sewer Service (Niagara) Ltd.;
2) Television Inspection of Sewers - ~rans-Video Inspection Ltd.
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A brief discussion followed regarding the acceptance of tenders from companies
within Niagara Falls only. The Acting Director of Municipal Works stated that
hoth companies were equally qualified, however, the low tender was recommended.
ORDERED on the motion of Alderman Orr, Seconded by Alderman Baker, that the
report be received and adopted. The motion Carried with Alderman Coville opposed
to Recommendation #1, Alderman Kerrio opposed to Recommendations No. i and No. 2,
all others voting in favour.
See Resolution No. 18.
MlteN°' 1261984- -----------------Chief Administrative Officer - Re: Rental of Equipment for Landfill
- 1985. The report recommended that the tender of Nisus Construction
Limited for providing a crawler bulldozer at $26.70 per hour, and a crawler type
front-end loader at $27.80 per hour, be accepted.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Kerrio, that the
report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Baker, Coville, Keighan, Kerrio, Merrett, Orr, and Puttick.
NAYE: Alderman Janvary.
See Resolution No. 19__A
No. 127 - Chief.. _ _Administrative. Officer - Re: Ontario Neighbourhood Improvement
Program (O.N.I.P.) for Chippewa. The report recommends that the City of Niagara
Falls make application to the Ministry of Municipal Affairs and Housing for an
"Ontario Neighbourhood Improvement Program" (O.N.I.p.). The total works
recommended to be carried out under the Program is $550,000. The City's share
being $275,000.
ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimousl .
See Resolution No. 16.
No. 128 - C~intstrative Officer - Rs: Ontario Neighbourhood Improvement
Program (O.N.i.p.)~l' The report recommends that the City of
Niagara Falls make application to the Ministry of Municipal Affairs and Housing
for an "Ontario Neighbourhood Improvement Program" (O.N.I.p.). The total works
beingrecommended $660,000. to be carried out under the Program is $1,320,000. The City's share
ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimousl .
See Resolution 14o. 15.
No. 129 - C_hief Administrative Officer - Re: · · --~
Assistance Program~ Residential Rehabilitation
R.R.A.p. applications.
accepting ............. ~' aec report recommends that the City"~egin
ORDERED on the motion of Alderman Keighan, seconded by Alderman Janvary, that
the report be received and adopted. Carried Uaanimousl .
No. 130 - Chief.AdminiStrative Officer . Re' Inte
report recommends that-;~2';;~.~er · rim Tax Lev 1984. The
an interim ta~ ! .... h~ .... ~ Finance Committee recommends Y Municipal Council
- -~ ~or 1984 with two installments, to the
ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimousl .
See By-laws No. 84-51
and No.
No. 131 . C~dministrative~ Officer . Re: Municipal Accounts. The repor~
· recommends that ~
-~ ~ccounts totalling $1,169,938.86 for the one week period
ending March 12th, 1984 be approved by the passing of the By-law appearing'later
on the agenda.
Alderman Merrett declared a conflict of interest on Cheque No. 23750,
because his firm is part of organization.
Additional inform~tion was provided for Cheques No. 23689, 237.97, and
23844. Reports were requested for Cheques No. 23724 and 23786.
ORDERED on the motion of Alderman Kerr/o, seconded by Alderman Keighan, that
the report be received and adopted~ and further that Cheque No, 23724 be held
until a report has been received. The motion Carried with Ald~rma~ Merrett
abstaining from the Vote on a conflict of interest previously recorded, and all
others voting in favour.
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No. 132 - Chief Administrative Officer - Re: Appointment to Transit Commission.
The report recommends that Council appoint a person to fill the vacancy on the
Transit Commission created by the resignation of Ed Sherar whose term would have
expired on November 30th, 1984.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Kerrio, that the
report be tabled to March 19th, 1984. The motion Carried with the following vote:
AYE: Aldermen Baker, Coville, Keighan, Kerrio, Merrett, Orr, and Puttick.
NAYE: Alderman Janvary.
RESOLUTIONS
No. 14 - BAKER - ORR - RESOLVED that the Council hereby declares its intention
to enact a further amendment to Zoning By-law No. 79-200 as amended by By-laws
79-154 and 81-208 to provide that the land on the westerly side of River Road
between John Street and Philip Street to be used for the purpose of a motel
must comprise not less than the whole of the land bounded by River Road, John
Street, River Lane and Philip Street~ AND the Seal of the Corporation be hereto
affixed.
Carried Unanimously.
No. 15 - ORR - MERRETT - RESOLVED that WHEREAS notification has been received
from the Ministry of Housing regarding the allocation of funds to be used in
connection with the Ontario Neighbourhood Improvement Programme fiscal year
1984 - 1985, and WHEREAS March 31, 1984, has been established as the deadline
for allocating funds for the said Ontario Neighbourhood Improvement Programme,
for the period May 1, 1984 to March 31, 1985. NOW THEREFORE BE IT RESOLVED that
the City of Niagara Falls submit an application to the Minister of Housing, for
the approval of the projects to an estimated cost of $1,320,000 with the
Provincial Government to pay 50% of the cost and the City to pay 50% of the cost,
for the purposes of the Ontario Neighbourhood Improvement Programme for the
period May 1, 1984 to }~rch 31, 1985; AND the Seal of the Corporation be hereto
affixed.
Carried Unanimo~
No. 16 - BAKER - KEIGHAN - RESOLVED that WHEREAS notification has been received
from the Ministry of Housing regarding the allocation of funds to be used in
connection with the ontario Neighbourhood Improvement Programme fiscal year
1984 - 1985, and WHEREAS }~rch 31, 1984, has been established as the deadline
for allocating funds for the said Ontario Neighbourhood Improvement Programme,
for the period May 1, 1984 to ~rch 31, 1985. NOW THEREFORE BE IT RESOLVED that
the City of Niagara Falls submit an application to the Minister of Housing, for
the approval of the projects to an estimated cost of $550,000 with the Provincial
Government to pay 50% of the cost and the City to pay 50% of the cost, for the
purposes of the Ontario Netghbourhood improvement Programme for the period
May 1, 1984 to March 31, 1985; AND the Seal of the Corporation be hereto affixed.
Carried Unanimousl .
No. 17 - MERRETT .- JANVARY - RESOLVED that a message of sympathy be forwarded
to the family of the lat~----~~oug Austin, Sports Editor of the Niagara Falls Review
for many year~,,and respected member of the community; AND the Seal of the
Corporation be hereto affixed.
Carried bnanimousl .
It was agreed by Council members that the late 1~. Doug Austin's name be added
td~the..~ames to be given consideration when naming parks.
No. 18 - ORR - BAKER - RESOLVED that the unit prices submitted for Hydraulic
Cleaning of Sewers a----nd Culverts, and Television Inspection of Sewers, by the
following be accepted at the low tendered prices:
- Rydraulic Cleaning of Sewers & Culverts - Thuro Sewer (Niagara) Ltd.,
Low tendered amount - $12~810.00;
- Television Inspection of Sewers - Trane-Video Inspection Ltd.~
Low tendered amount - $11,070.00½
AND the Seal of the Corporation be hereto affixed.
The motion Carrie__d with Alderman Coville opposed to Recommendation No. 1~ Alderman
Kerrio opposed to Recommendations No. 1 and No. 2, and all others vo~ing in favour.
- 10 -
No. 19 - ~UTTICK - KERRIO . R~$OLVED that the unit prices submitted by Nisus
Construction Limited for providing a crawler bulldozer at $26.70 per hour, and
a crawler type front-end loader at $27.80 per hour~ for rental of equipment
for Landfill Site, 1984 - 1985, be accepted: AND the Seal of the Corporation
be hereto affixed.
The motion ~arried with Alderman Janvary opposed, and all others voting in
favour.
BY-LAWS
ORDERED on the motion of Alderman Baker, seconded by Alderman Merrett, that
leave be granted to introduce the following by-laws and the by-laws be read
firsL tlme:
~p.. 84-43 . A by-law to amend By-law No. 79-200, as amended. (Lot 10, R.?. 67).
No~. 84-44 - A by-law to designate an area of land in the City of Niagara Falls
aa a Site plan control area.
~{o. 8~-51 - A by-law to provide for an interim levy of taxes.
N_D. 84-52 - A by-law to provide for the collection of interim taxes for the year
1984.
~o. 84-~3 - A by-law to provide monies for general purposes.
~he motion Carried with Alderma
Section ,,C,,.~--- ~ n Keiohan voting contrary on By-law No. 84-52
, ~uerman Merrett abstaining from the Vote on By-law No. 84-53,
on a conflict of interest previously recorded in Report No. 131; and all others
voting in favour.
ORDERED on the motion of Alderman Kerrio, seconded by Alderma~ Coville, that the
following by-laws be now read a second and third time:
~. 84-43 - A by-law to amend By-law No. 79-200, as amended. (Lot 10, N.P. 67).
No~. 84-44 . A by-law to designate an area of land in the City of Niagara Falls
as a Site plan control area.
N~o. 84-51 _ A by-law to provide for an interim levy of taxes.
~o. 84-52 . A by-law to provide for the collection of interim tax~s for the year
1984.
N~o. ~4-53 . a by-law to provide monies for general purposes.
The motion Carried with Alderman Ksighan voting contrary on By-law No.
Section "C"~ Alderman Merrett abstaining from the Vote on By-law No. 84-53,
on a conflict of interest previously recorded; and all others voting in favour.
NEW BUSINESS
~RBAGE COLLECTION ON QU~.EN S~E~;'i]
Alderman Orr expressed c~ncernaregardin~ garbage bags heine
QUean Stregt.for_p{ckup,on ~uesdays, Thursdays and placed along
Saturdays and discns~ed-the
Possibility of'placing them in the rear yards. A report will be Prepared on this
alderman Janvary referred to the following items of interest:
1) Rhe current food emergency in the City ia receiving a good response from
area residents. ,,~
2) ~he Unemployment'Help Centre~ 4593 Queen Street is heinE officially ~peRed on
March 9th, ~984 at 3:00 p.m.
Following a brief discussion it was moved by Alderman Janvary, seconded by
'Alderman Orr, that a message of "Good Luck" be forwarded to the Ju~tor. 'B' '
- 11 -
Canucks for a successful effort in the forthcoming playoffs. It was further
reco~tmended that a message of best wishes be forwarded to the Paul Foy Midgets
for the forthcoming playoff garaes. Carried Unanimously..
4) A brief discussion followed regarding the Art School to be established
through the Niagara South Board of Education, and the press report regarding
the preferred location being Fonthill. It was noted that a joint meeting
between Council and the School Board is being scheduled within the next two
weeks.
5) The Provincial S~cretary of Justice,.Gordon Walke~, had forwarded a communication
to the effect that ,,Community Justice Weekv would be held from April 8th to
14th, 1984. Alderman Janvary advised that she would prepare a proclamation
for the newspaper.
6) Alderman Janvary represented Mayor Smeaton at the Annual Red Cross meeting.
INTERNATIONAL HOCKEY L~AGU?
Alderman Merrett discussed briefly the information that the International
Hockey League is seeking a location for its team, and that the Tulsa team had
"folded". It was suggested that this information might be included during
consideration and investigation of a franchise for the City of Niagara Falls.
The Chief Administrative Officer advised that locating a sponsor might be a
problem.
DOWNTOWN BOARD OF MAN~GEMEN~
Mr. Gabs Mallouk referred to the Dinner Meeting of the Downtown Board of
Management scheduled for Tuesday, March 13th, 1984 at 6:30 p.m. Aldermen and
their wives were invited to attend.
It was moved by Alderman Puttick, seconded by Alderman Orr, that the meeting
adjourn.
READyP~ED, .
MAYOR WIllIAM S. SMEATON
ELEVENTH MEETING
Co.mit tee Room
March 19, 1984
COMMITTEE OF THE WHOLE
Council met on Monday, March 19th, 1984 at 7:00 p.m. in Cor~nittee of the
~ole. Ail members of Council were present with the exception of Alderman
Hinsperger, Orr, and Puttick. Alderman Cheesman presided as Chairman.
Following consideration of the items presented the Committee of the Whole
arose without reporting.
G LAR MEE .I
Council Chambers
Mmrch 19, 1984
Council met on Monday, }{arch 19th, 1984 at 7:30 p.m. for the purpose of
considering general business. Ail members of Council were present with the
exception of Aldermen Hinsperger, Orr, and Puttick. His Worship Mayor 8meaton
presided as Chairman. Alderman Coville offered the Opening Prayer.
WE~COM~
His Worship Mayor Smeaton welcomed representatives of the 26th Niagara
gcout Troup, and their leader Mr. Bill McMeekin.
His Worship Mayor Smeaton welcomed the representatives from the 9th
Niagara Girl Guides of Sg. Paul's Lutheran Church, and their paments.
ADOPTION OF MINUTE~
Alderman Ctm~mings advised'that he was declaring a conflict of interest
on the Municipal Accounts report and by-law consiRered at the Council meeting
on March 12th, when he was abseht. He had a conflict of interest on Cheque No.
23712 because a member of his family is involved in the program.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Coville, that
the minutes of the meeting held March 12th, ~982 he adopted as printed.
~err~ed ,Unan,imously~ -~
~ DEPUTATION
MA, RKE!, VALpE A,SpEppMENT -. ~R.. ~OM PRUE ·
Mr. Tom Prue was unable to attend the Council meetin~ and therefore
the matter of Market Value Assessment was not considered.
HEy.MET RBC0YERY. LTD,,
Alderman Merrett declared a conflict of interest on this matter because his
insurance firm has business dealings with the organization.
Mr. John Broderick, Solicitor for Hevmet Recovery Ltd., was granted permission
to address Council on the motion of Alderman Kerrio~ seconded by Alderman Baker. Mr.
~od~r,t~k:a~ate.d~hat-~he eotapany., has patented a chemical process recovering
metal from metalized industrial by-products. The metal is recovered from a
"cake form" of copper, lead and zinc, and when completed, will take the form of
"salty water" as well as some remaintn~ cake material which will be transported
o~t of the plaflt. 'He advised that ~. Darte, Project ~nager and Chief Chemist
-2-
at the Ministry of the Environment had reviewed and approved of the process.
Mr. Brodertck stated that the proposal is to have the plant located in the former
Burgess Battery building at Buttrey Street and Stanton Avenue with a capital
investment cost of $1.5 million
Mr. Brodertck stated that there had been a "perceived problem" with the
zoning by-law and a prohibition contained within the by-law. He advised that
the industry would be permitted in an area zoned heavy industrial. However,
the subject area is zoned general industrial which under prohibited uses~
section 4.8(g)"prohibits incineration, reduction or disposal through burying
of garbage, offal, dead animals, refuse or industrial waste or wastes of any
kind except a municipally operated incinerator or landfill site and except a
privately-operated incinerator or disposal area which is an accessory use to and
on the same lot as a principal use permitted in this By-law and which has received
the approval of the Ministry of the Environment and all other required approvals".
Mr. Broderick further stated that his client would be processing metal laden
industrial by-products which is permitted in the by-law but that the "perceived
problem" is with "reduction" of waste. He advised that all of the waste material
would come from the Niagara Peninsula area. He requested clarification of the
by-law. Mr. Broderick advised that if approved by Council, the Ministry of the
Environment approval would be required for a permit.
Mr. Broderick informed Council that the Cities of Thorold or St. Catharines
could be used ae location areas. However, the proposed location does have a
fully equipped laboratory and was the preferred location of his client. Additional
information was glven that the industry would employ 5 or 6 people, with a possible
increase to 15 in the future, and employees would receive on-the-job~training under
Dr. Smythe.
The Chief Administrative Officer stated that this matter had previously
been presented to the Municipal Works Committee and questions regarding the
process in relation to the zoning by-law had been raised.
The City Solicitor stated that he had discussed the proposal of Hev~et
Recovery Ltd. with Mr. A. Plague, representative of the Ministry of the Environ-
ment. The Solicitor cautioned Council regarding the wording of the by-law that
prohibits industrial wastes. He further stated that Mr. Broderick is asking
Council to pass a resolution which looks at the intent rather than the meaning
of the word "reduction". The Solicitor advised that the Ministry of the
Environment will not proceed until the zoning by-law has been clarified.
The Solicitor further advised that the Zoning Administrator had raised
the question of prohibition of the process under the zoning by-law'.' He stated
that if approved, Hevmet would be protected from future questions by the City
under the zoning by-law, that the process described by Mr. Broderick is not
covered by the wording in the by-law, and that the re-zoning procedure would
cause a delay which would not be in the best of interest of the company. The
Solicitor stated that the reconunendation of staff is to proceed through the proper
legal channels, and if questionable, an amendment to the zoning by-law could
be considered by Council. .~t
During the discussion that followed~ questions were raised regarding the
source of the material to be processed. It was learned that this would not
be coming from the United States. Alderman Cummings advised that contacts had
been received from residents in the subject area expressing concern.
Further questions were raised regarding the process. Mr, Broderick agreed
that there was no solid waste produced by the process.
Mr. MarcelloMaesoltn,4445 Buttrey Street, expressed concern regarding
smoke, dust, and odour fram the proposed industry. He referred to senior
citizens, as well as young parents with children living in the area who wish
to breathe "fresh air". He referred to the pollution emitting from a foundry
in the subject area. Mayor Smeaton assured Mr. Maseolin that the problem was
being addressed . ,
Mr. B~oderick stated that there would be no smoke, dust, nor smell
emissions from the proposed industry, and referred to the need for approval
fr~m the Ministry of the Environment.
-3 -
Mr. Gary Mann, President of Hevmet Recovery Ltd., replied to questions
raised regarding the operation of the industry. He explained that the fans
force air through the spray chambers, and that the air is released through
the stacks which must protrude beyond the roof. He advised that "it is clean
air". Mr. Mann further advised that a licence is required from the Ministry
of the Environment and the licence will he revoked if the Ministry's standards
are not met.
The City Solicitor stated that there was a fundamental difference that
would not be resolved by further discussions, that it was Council's decision,
and that Staff could not define the intent of Council. He further stated that
the wording in the by-law was "reduction of waste", and Staff had found it
necessary to bring the matter to Council's attention.
Further discussion followed regarding the evaluation by the Ministry of
the detailed engineering plans, the possibility of a "site specific by-law"
giving clarification of the wording to permit the proposed operation, re'zoning
requiring a possible 6 month delay which would not be favoured by the company, and
the opposition of residents in the subject area. Mr. Mann stated that the
resident8 have been invited to view the process, and further, that the neighbours'
concern must be alleviated before a licence is issued by the Ministry.
In .reply to questions raised, Mr- Broderick indicated that his clients
would not be prepared to wait the 6 months required for a re-zoning, and if
Council made the decision to have'the site're-zoned,.it would 'be necessary to
locate elsewhere.
Alderman Cummings expressed the opinion that the normal procedure of
re-zoning.should be followed, and further, that a public hearing should be held.
Mr i. Bob $orley, Past President of.the Business and Industrial Growth
AgencY, and Plant Manager of Lubrizol of Canada Lid., discussed the interpretation
of raw material. He advised that what would be considered waste to Lubrizol,
W~uld be considered raw material by Stelco. Mr. Sorley further advised that
the material f~r Stelco is raw material for their 9peration, and that they are
not in the waste business.
Following further discussion, it was moved by Alderman Cheesman, seconded
by Alderman Baker, that the wording of Zoning By-law No. 79-200 be interpreted
to permit the. proposal of Hevmet Recovery Ltd. to proceed at the Buttrey Street/
Stanton Avenue site, and further, that the Ministry of the' ~nvironment be
requested to hold a public hearing prior to issuance of a permit by the Ministry.
The motion Carried with Alderman Merrett abstaining from the vote .on a conflict
of interest'~re~%sly recorded, and with the following vote:
AYE: Aldermen Baker, Chessman, Cov!lle~ Janvary, Keighan, Kerrio~ and
NAYE:
Somerville.
Alderman Cummings.
COMMUNICAT.Ip~p.
No. 93 - Regional Municipality of ~tagara - Re: Centralization of Social
Services System. 'The communication attaches a copy of Report SSR 1~-84 which
pro¥idqs an evaluation regarding centralization of ~he Social Services System.
.. Regional Councillor Doug Mann explain&d that the new system had been
ln'itiated during December 1983, that 5800 people were receiving welfare in the
Region, and included in the 16 telephone lines to the Social Services office
were 5 from Niagara Falls. He referred to the case load of 209 per Wsrker,
the guideline which requires a 6 day waiting period, and lack of fundlng for
~additional staff. M~. Mann advised that no problems had been encountered
within the system for the past 5 weeks. He expressed confidence ia the system
and referred to a saving of taxpayers~ money.
Regional Council Peter Sobol discussed the new system in terms of a trial
period~ the ability of staff to work with a large~ caselload, and the total
cost savings in the amount of $180,000.' He invited concerned members of Council
to meet with the Regional Committee for a discussion of mutual concerns.
-4 -
In reply to questions raised regarding the re-opening of the Niagara Falls
office in the event that the centralized system is not successful, Councillor
Sobol advised that it would be re-opened if the need was warranted.
ORDERED on the motion of Alderman Cheesnan, seconded by Alderman Kerrio,
that the communication be received and filed. Carried Unanimousl_~_~
No. 94 - ~onal Public Works Departmen~ - Re: Water/Sewage Flows by Municipality
Monthly Report for January 1984. The communication attaches Regional report
DEP-2016 containing information on the subject, and PEP-2017 entitled 1983
Report on Great Lakes Water Quality Submitted to the International Joint Commission
by the Great Lakes Water Quality Board.
ORDERED on the notion of Aiderman Cummings, seconded by Alderman Somerville, that
the communication be received and filed. Carr____~ied Unani~
No. 95 - Social Plannin Council - Re: 21 Nursing Care Reds. The communication
refers to a previous meeting with the former Minister of Health and his assurance
that 21 nursing care beds were allocated and would be released to Niagara Falls.
HOwever~ since,no further informatiOnJtas been received, fCouncil is ~equegted ~oc
inve~tigate the mattel. . .iL. ::.~2L: L'.< ._ -..~ '_ L..~. .
Regional Council Peter sobol discussed th~ sitUation'and'advised that he
understood part of the.delay-was-due.to the fact that the proposed new nVrsi, ng
home on Valley Way was not yet under constructton~ and further, that he understood
Mr. Douglas McLeod~ owner of the proposed nursing home, is havin~i pKoblems with .~
funding. .. -
Regional Councillor Ed Sherar advised that he would discuss this matter with
the Health Services Committee at its upcoming meeting on March 20th, 1984.
His Worship Mayor Smeaton stated that he would follow up on the matter with
the Ministry of Health.
ORDERED on the motion of Alderman Kerrio~ seconded by Alderman Cummings, that the
communication he referred to Staff to contact the Minister of Health in order to
determine the present status. Carried Unanimousl .
REPORTS
No. 133 - Muntci al Works ~ommittee - Re: Formation of City E.E.A.C.
(Ecological & Environmental Assessment Committee) ~he report recommends the
following:
1) That the existing Resident/Council/Staff Committee (Niagarans Against Toxics),
established to react to the O.W.M.C. initiatives~ be expanded to include
interested persons;
9) That further information be obtained on the responsibility of costs of hiring
technical persons to assist this Committee; and
3) That the present Committee meet with the Region's E.E.A.C. for discuss%on and
exchange of information on the matter. ·
During the discussion ·that followed it was indicated that a local committee
should be comprised of concerned citizens and staff. His Worship Mayor Smeaton
referred to the urgency of the situation in view of the announcement by the O.W.M.C.
of the shortlist sites, Ne suggested that a steering committee within the frame-
work of the local E.E.A.G., may be needed. ·
Council was advised by the Planning Director that information had been received
at a recent meeting in Hamilton, that funds could be advanced for 2 studies.
During further discussion on this matter, Councillor Sobol stated that funds will
be advanced to finance studies of technical problems. He stated that the Regional
E.E.A.C. committee is made up of volunteers with expertise in diverse areas,
Councillor Sobol discussed the technical information being obtained by the
Regional E.E.A.C., t~e need for discussion and co-ordination of the mobilization
of public pressure, and the upcoming meeting scheduled for March 27th, 1984 at
7:30 p.m. when Report No. 3 will be considered. He invited Council to attend
this meeting for a discussion of technical matters~ and advised that a recommendation
should be available in the near future.
-5 -
Mr. Alan M. Oleksuik, 4083 Front Street, expressed concern regarding the
reaction to crises of a political nature. He discussed his concern respecting
the drinking water in the City. Mr. 01eksuik expressed optimism that a
positive attitude, in opposition to the proposed industrial waste site in the
City of Niagara Falls, would be successful. He advised that he was in favour
of a Committee being formed to deal with the O.W.M.C. and with pollution issues.
Mrs. Liz Zorzetto, 6187 Delta Drive, expressed disappointment with local media
coverage of the issue in question. She referred to health problems in the area
being caused by water pollution. She expressed the view that "it is too little
too late".
Mrs. Wanda L. Cowan, Carl Road, advised that her home is near one of the
possible industrial waste sites. She discussed her concern regarding the creeks
and small brooks, and the ditches that have been dug, one which spans the centre
of the proposed site and leads to the Welland River, and subsequently to the
Niagara River. Mrs. Cowan further advised that the water in the ditches overflows
a!~dlb~cks .onto.!adjacent properties at certain intervals during the year.
further discussion followed regarding the need for immediate action regarding
the concerns outlined. It was suggested that the Regional government should be
making a firm stand with respect to the situation. Mayor Smeaton advised that
rational consideration must be given, that the groundwork for the committee had
been completed, and that a meeting will be' held immediately for a discussion
with respect to the format for the committee. In reply to questions raised
Mayor Smeaton advised that the Planning Director was attempting to obtain
information regarding the expected date of a meeting with the O.W.M.C.
Mr. Joe Cuviello requested information concerning the attitude of the
Niagara Parks Commission regarding the proposals of the O.W.M.C. Mayor Smeaton
stated that a request for information will be forwarded to all groups) citizens,
and organizations~ and that he will investigate funding and committee appointments.
ORDERED on the motion of Alderma~ Merrett, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimousl .
No. 134 - Chief Administrative Officer - Re: Chip~awa Library Addition - O.N.I.P.
The report recommends that City Council authorize the final preparation of plans
and specifications for·the Chippawa Library addition and the calling of tenders.
Alderman Chessman declared a conflict of interest because a member of his
family ia involved with the organization.
- AND -
Communication No. 96 - Nia ara Falls Public Librar Board - Re: Furnishings for
the Chippewa Branch Library. The communication attaches an itemized cost estimate
of furnishings for the Chippewa Branch Library dated March 19, 1984 totalling
$75',750. 'for the consideration of Council.
Mr. Wayne Murray, of Chapman Murray and Associates, explained the proposed
addition and renovations with an artist's Sketch demonstration.
Mr. Carman Pix, Chairman of the Niagara Falls Public Library Board,
distribute~ the above communication and .reviewed the information contained
.therein. · ,
A discussion followed with regard to the possibility of organizations in the
Chippewa participating in furnishing the addition. Mr. Pix advised that service
clubs have projects underway, and discussed the need for equipment and furnishings
to complement the theme of the architecture. Me suggested that participation
with respect to furnishings would not make an appreciable difference in the total
budget. Mr. Pix replied to questions raised. ~once.rning additional books for the
Chippawa Library,
ORDERED on the motion of Alderman Janvary, 'seconded by Alderman Coville, that the
report be received and adopted. The motion Carried with Alderman Cheesman
abstaining from the vote on a conflict of interest previously~ recorded, and all
ot]~ers.voting, in favour.
-6-
ORDERED on the motion of Alderman Merrett, seconded by Alderman Keighan,
that the communication requesting financial support for furnishings be referred
to the Finance Committee for consideration. The motion Carried with Alderman
Cheesman abstaining from the vote on a conflict of interest previously recorded,
and all others voting in favour.
UNFINISHED BUSINESS
APPOINTMENT TO TRANSIT COMMISSION - AND - REPORT OF
CHIEF ADMINISTRATIVE OFFICER
Report No. 135 - Chief Administrative Officer - Re: Appointment to Transit
Commission. The report recommends that Council appoint a person to fill the
vacancy on the Transit Commission created by the resignation of Ed Sherar whose
term would have expired on November 30th, 1984. Following a brief discussion
it was moved by Alderman Merrett, seconded by Alderman Coville, that the 22
names submitted in the report be considered in a ballot vote by Council. It
was further recommended that the appointee should be the first candidate to
receive 6 or more votes. Carried Unanimousl .
Following four ballots, the names of George Loring and Guy Prate were
tied for votes. It was moved by Alderman Cummings, seconded by Alderman Merrett
that all the names be presented to Council for a decision at the next meeting of
Council. The motion was Defeate.______~dwith the following vote:
AYE: Aldermen Cummings, and Merrett.
NAYE: Aldermen Baker, Chessman, Coville, Janvary~ Keighan, and Somerville.
ORDERED on the motion of Alderman Janvary~ seconded by Alderman Coville,
that another vote be taken. Carried Unanimousl_~L
Another vote was completed and Mr. Guy Prate was the successful candidate
for the Transit Commission.
ORDERED on the motion of Alderman Baker, seconded by Alderman Keighan, that
Fn:o Guy Prate be appointed to fill the vacancy on the Transit Commission.
Carried Unanimousl .
CO~4UNICATIONS
No. 97 - St. Andrew's United Church Outreach & Social Action Committee -
Re: Anti-Prostitution By-law. The communication commends their former
Acting Mayor Pat Cummings in reco~mending that Council adopt Montreal's anti-
prostitution by-law as suggested by The Honourable Mark MacGuigan, Minister
of Justice, and expresses the hope that Mayor Smeaton will continue to pursue
the action. Mayor 8meaton advised that he would reply to the communication.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Baker, that
the communication be received and filed. Carried Unanimousl .
No. 98 -~Alan M. Oleksuik - Re: Committee on Pollution Issues. The communication
discusses the increased awareness of threats to human health caused by pollution~
and requests Mayor Smeaton to establish a committee on the pollution issues to
become involved with like-minded committees and groups within the Region.
ORDERED on the motion of Alderman Coville, seconded by Alderman Somerville~ that
the co~mmunication be received and filed. Ca_~rried Unanimousl. j~
No. 99 - ~ A~oc~atioa~of NiaRara '
of Independence of G~ - Re: "National Day
The cormmu"icatt'on
requests His Worship Mayor ~meaton to receive a delegation from the Greek-
Canadta~ Community Association of Niagara, a flag raising ceremony~ and a
proclamation for the aforementioned date.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that
the requests be app/oved subject to established policy. Carried Unanlmousl .
No. 100 - ~ra~ ~os itel (G.N.G.H.) . Re: ',
Physlother~/ ~,~ ,~.~,.v.n.; National
Council to declare the aforementioned week as "National Physiotherapy Week".
ORDERED on the motion of Alderman Janvary~ seconded by Alderman Cmmaings, that
the request be approved subject to established policy. Carried Unanimousl .
- 7-
REPORTS
No. 136 - Chief Administrative Officer - Re: Agreement with Chapman, Murray
Associates - Chippewa Library. The report recommends that Council approve the
by-law on tonight's Council agenda authorizing the City to enter into an agree-
ment with Chapman, Murray Associates.
ORDERED on the motion of Alderman'Baker, seconded by Alderman Somerville, that
the report be received and adopted. The motion Carried with Alderman Chessman
abstaining on a conflict of interest previously recorded, and all others voting
iR favour ·
See By-law No. 84-73.
No. 137 - Chief Administrative Officer - Re: The Buildings & Inspections
Department Report for February 1984. The report includes information with
respect to Permits, and Highlights for February 1984~ as well as March proposals,
and information regarding the R.R.A.P. program.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the
report be received and filed. Carried Unanimously.
No. 138 - Chief Administrative Officer - Re: Illegal Auto Body Shop, 6401 High
Street. The report recommends that the information contained therein be received
and filed.
ORDERED on the motion of Alderman Baker~ seconded by Alderman Kerrio, that the
report be received and filed, and further/that a copy of the report be forwarded
to the petitioners. Carried Unanimously.
No. 139 - Chief Administrative Officer - Re: Draft By-law on Group Homes for the
City of Niagara Falls. The report recommends the following:
1) That Council authorize Staff to advertise and hold a Public Meeting on the
draft Group Homes By-law (copy attached);
2) That a Group Home Registration By-law be prepared and submitted to Council
for enactment at a subsequent meeting;
3) That other items in this report he received as information.
It was indicated that the Kalar Road Residence for mentally retarded adults
might close and following a brief discussion it was moved by Alderman Cheesman,
seconded by Alderman Merrett~ that the report be received and adopted. It was
further recommended that Staff be instructed to contact the Association for the
Mentally Retarded to ascertain whether the residents at the Kalar Road Residence
for mentally retarded adults would be adequately provided for in some other
facility, and report back to Council. Carried Unan~
No. 140 - Chief Administrative Officer - Re: Contract G.C. 3/84 - Underground
Services for Parkway Gardens Subdivision - Phase I. The report recommends that
the unit prices submitted by Blairtck Limited for the above contract be accepted,
and this contract be awarded.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Bake¥, that the
'report he received and adopted. Carried Unani~
See Resolution No. 20.
~84-69.
No. 141 - Chief AdministratiVe Officer - Re: Quotations for Rental of General
Purpose Equipment - 1984. The report recommends that the attached schedule of
rental rates for general purpose equipment be used starting with the lowest
rental rate for equipment available and suitable when required for City operations.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that
the report be received and adopted. Carried Unanimously.
See Resoiution__~~o. 21.
No. 1~2 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totallin------~-~----~---~ $2,?13,14B.81 for the one week period
ending March 19th, 1984 be.approved by the passins of the By-law appearing later
on the agenda.
'Alderman Chessman declared a conflict of ~nteres~ on Cheque ~o, 2395~ because
his wife is a member of the firm.
-8-
Alderman Cummings declared a conflict of interest on Cheque No. 23906
because a member of the family is involved.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Somerville,
that the report be received and adopted. The motion Carried with Aldermen
Chessman and Cummings abstaining from the vote on conflicts of interest
previously recorded, and all others voting in favour.
No. 143 - Chief___~ministrative Officer - Re: Proposed Closing and Sale of
Walkway 6 between Jupiter Boulevard and Ontario Hydro Lands. The report
recommends that Council take the following action with respect to the proposed
closing of the public walkway between Jupiter Boulevard and Ontario Hydro lands:
1) Pass the by-law appearing on tonight~s agenda to authorize an agreement with
the abutting owners respecting the sale of parts of the walkway, when closed;
2) Pass the by-law to assume the walkway;
3) Authorize the City Solicitor to proceed with the publication in the Niagara
Falls Review of the required notice of a by-law to authorize the closing and
sale of the walkway;
4) Authorize the City Solicitor to instruct Matthews & Cameron Ltd., Ontario
Land Surveyors, to undertake the preparation and deposit of a reference plan
in the Land Registry Office showing the walkway divided into two parts.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Kerrio~ that
the report be received and adopted. Carried Unanimously.
See By-laws No. 84-64 and
No. 84-65.
No. 144 - Civic Committe~ - Re: Community Justice Week. The report recommends
that City Council support the designation of April 8th to 14th, 1984, as
"Community Justice Week" in Ontario and proclaim it in Niagara Falls.
ORDERED on the motion of Alderman Coville, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 20 - CHEESMAN - BAKER - RESOLVED that the unit prices submitted by Blairick
Limited f~3/84 - Underground Services for Parkway Gardens
Subdivision - Phase I, be accepted at the low tendered amount of $144,220.25;
AND the Seal of the Corporation be hereto affixed.
Carried nanlmous ly.~
NO.in the21 - ~CUMMINGS - KEIGHAN - RESOLVED that the unit prices submitted and contained
attached schedule for rental of general purpose equipment for 1984, be
accepted, starting with the lowest rental rate for equipment available and suitable
whenaffixed, required for City operations; AND the geal of the Corporation be hereto
Carried Unanimous 1
BY-LAWS
ORDERED on the motion of Alderman Somerville, seconded by Alderman Kerrio, that
leave be granted to introduce the following by-laws and the by-laws be read a
first time:
No. 84--4 - A by-law to assume a public walkway in Registered Plan M-21."
No. 84-6________~5~ A by-law to authorize an agreement with the owners of land abutting
tbs public walkway between Jupiter Boulevard and Ontario Hydro lands.
No. 84-66 - A by-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Cadham and Lorne Streets).
No. 84-6~______~f -- 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.
- 9-
No. 84-68 - A by-law to amend By-law No. 7531, being a by-law to provide for
----------' the erection of stop signs at intersections. (Ellen & Walnut).
No. 84-69 - A by-law to authorize the execution of an agreement with Blairick
Limited for sewermains, watermains and base road construction in
Parkway Gardens Subdivision - Phase I.
No. 84-70 - A by-law to authorize the execution of an agreement with Thuro
~ Sewer Services (Niagara) Ltd. for the hydraulic cleaning of sewers
and culverts.
No. 84-71 - A by-law to authorize the execution of an agreement with Trane-Video
Inspection Limited for the television inspection of sewers.
No. 84-72 - A by-law to authcrize the execution of an agreement with Nisus
Construction Limited for the supply of equipment for the City's
sanitary landfill site.
No. 84-7__3 - A by-law to authorize an agreement with Chapman Murray Associates
for addition and alterations to the Chippewa Branch Library.
No. 84-7_______~4 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Coville voting contrary on By-law No. 84-70;
Alderman Chessman abstaining from the vote on By-law No. 84-73 on a conflict
of interest previously recorded in Report No. 134; Aldermen Chessman and
Cummings abstaining from the vote on By-law No. 84-74 on conflicts of interest
previously recorded in Report No. 142; and all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the following by-laws be now read a second and third time:
No. 84-64 - A by-law to assume a public walkway in Registered Plan M-21.
No. 84-65 - A by-law to authorize an agreement with the owners of land abutting
~ the public walkway between Jupiter Boulevard and Ontario Hydro lands.
No. 84-66 - A by-law 'to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Cadham and Lorne Streets).
No. 84-6~7 - 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.
No. 84-68- A by-law to amend By-law No. 7531, being a by-law to provide for the
erection of stop signs at intersections. (Ellen & Walnut).
No. 84-69 - A by-law to authorize the execution of an agreement with Blairick
z ~ ' Limited for sewermatns, watermains~and base road construction in
Parkway Gardens Subdivision - Phase I.
No. 84-70 - A by-law to authorize the execution of an agreement with Thuro Sewer
Services (Niagara) Ltd. for the hydraulic cleaning of sewers and
culverts.
No. 84-71 - A by-law to authorize the execution of an agreement with Trane-Video
Inspection Limited for the television inspection of sewers.
No. 84-7__~ - A by-law to authorize the execution of an agreement with Nisus
Construction Limited for the supply of equipment for the City's
sanitary landfill site.
NO. 84-7__3 - A by-law to authorize an agreement with Chapman Murray Associates
for addition and alterations to the Chippewa Branch Library.
No. 84-74- A by-law to provide monies for general purposes.
- 10 -
The motion Carried with Alderman Coville voting contrary on By-law No. 84~70;
Alderman Chaes-~--anabstatning from the vote on By-law No. 84-73 on a conflict
of interest previously recorded; Aldermen Chessman and Cummings abstaining
from the vote on By-law No. 84-74 on conflicts of interest previous recorded;
and all others voting in favour.
NEW BUSINESS
LIONS CLUB OF STAMFORD _ ANNUAL ATOM HOCKEY TOURNAMENT
Alderman Baker discussed the Annual Atom Hockey Tournament which was sponsor~
by the Lions Club of S~amford last week-end. He reviewed a letter he had rec,
from Supervisor Joan F. Lillis, of West Seneca, N.Y., offering greetings.
ORDERED on the motion of Alderman Baker, seconded by Alderman Merrett, that a
letter of commendation be forwarded to the Stamford Lions Club for hosting the
Atom Hockey TOurnament, and further, that the Supervisor of West Seneca be
forwarded a copy of the press photograph. Carried Unanlmousl .
SNOW PLOUGHING . WINTER STORM '84
Alderman Baker discussed the ploughing of snow in the Chtppawa area during
the recent winter storm, and complaints he had received. The Chief Administrative
Officer advised that action is being taken regarding recognition of snow
emergency. He further advlsed that the snow plough from Chippawa had required
repairs.
MRS. DOMJAN . CONCERNs
Alderman Kerrio referred to a letter received from Mrs. Mary Domjan of
7036 Harrtman Street which outlines a number of concerns. The Chief Administra
Officer agreed to reply to the communication.
It was moved by Alderman Cheesman, seconded by Alderman Merrett, that the
meeting adjourn.
TWELFTH MEETING
Committee Room #1
March 26, 1984
COMMITTEE OF THE WHOLE
Council met on Monday, March 26th, 1984 at 7:00 p.m. in Committee of the
Whole. Ail members of Council were present with the exception of Alderman
Orr. Alderman Puttick presided as Chairman.
Following consideration of the items presented the Committee of the Whole
arose to report in open Council.
~~LERK S. SMEATON
REGULAR MEETING
Council Chambers
March 26, 1984
Council met on Monday, March 26th, 1984 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman Orr. His Worship Mayor Smeaton presided as Chairman.
Alderman Kerrio offered the Opening Prayer.
WELCOME
His Worship Mayor 8meaton welcomed Miss Julie Howes of the 9th Niagara Girl
Guide Company, St. Paults Lutheran Church, to the Council mseting.
ADOPTION OF MINUTES
Alderman Janvary requested that the action taken on Report No. 143, and
By-laws No. 84-64 and 84-65 be amended to read that the motions were Carried
Unanimously, since she was not opposed to these actions.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the amended minutes of the meeting held March 19th, 1984 be adopted as printed.
Carried Unantmousl .
DEPUTATIONS
HEVMET RECOVERY LTD. - MR. HOWARD MARTIN
Mr. Howard Martin, 4336 Leader Lane, reviewed a handout submission which
conveyed his concerns regarding human error, mechanical breakdown, neglect,
impurities and contaminants in the raw material that could affect the final
results and the emissions from the stacks. He referred to the numerous
residents, the nearby churches and campground, Aero Car, Great Gorge Trip,
four motels and thousands of tourists, and suggested that the aforementioned
should not be part of any chemical experiment. He referred to the l~ck of
notification to residents that the matter would be discussed in Council and
the quick decision by Council to allow Hevmet Recovery Ltd. to locate on the
site at Buttrey Street and Btanton Avenue. He referred further to the City
Solicitor's advice regarding prohibition under the zoning by-law and the
delay caused by re-zoning and public hearings. Mr. Martin discussed his
contacts with Mr. Gary Mann, President of.Hevmet,.and~reviewed,unanswered'
. questions regarding deliveries to the plant, storags, chemical gases, and ·
Waste material related to the industry. He recommended a public hearing with
notification to all residents of Glenvtew and a suitable location for the
hearing, as well as appropriate staff in attendance to assist and guide the
residents in obtaining every possible safeguard.
-2-
Alderman Merrett declared a conflict of interest because his insurance firm
has business connections with Hevmet Recovery Ltd.
A discussion followed regarding the Municipal Works Committee meeting held
about 5 weeks ago when the matter was given consideration with the staff
recommendation for re-zoning, and notification to residents of a public hearing.
Action taken at the last meeting of City Council was reviewed as well as the
subject area residents' need for assurance that notification will be given by
the Ministry of the Environment of the public hearing. Alderman Cummings
expressed the opinion that it was the City's responsibility to ensure that
notification is given and stated that his opposition to the action taken by
Council was because he believed that the residents required an opportunity to
voice their views.
His Worship Mayor Smeaton stated that the recent action taken included a
request to the Ministry of the Environment that a public hearing be held prior
to the issuance of a permit to the company
Further discussion ensued regarding proposed demonstrations of the industrial
process to be scheduled for interested residents and Council members. Mayor
Smeaton advised that he would follow through with the Ministry of' the Environment
to ensure that the Ministry would address the concerns of residents in the
Glenview area at a public hearing before a permit is issued to Hevmet Recovery
Ltd. to commence operations.
MARKET VALUE ASSESSMENT - MESSRS. TOM PRUE & RALPH POW.E.L.L
Council granted permission to have Mr. Michael Matwijow, Vice-President and
Controller of E.S. Fox Limited, represent Mr. Tom Prue. Mr. Matwijow reviewed
his written communication to the Minister of Revenue, a copy of which he gave
to the City Clerk. He stated that Market Value Assessment in Niagara Falls was
not fair, nor equitable, and would be the beginning of the deterioration of the
City of Niagara Falls. He discussed the Market Value base and factors applied
which create loss of identity with Market Value. Mr. Matwijow questioned the
Assessment Act not permitting one factor to be used for the whole City~ the
method of assessing old and new buildings, the method of assessing Business Tax,
and discussed the equality of services by the City to both old and new businesses~
residential and commercial properties. The colmnunication requests that the
Minister of Revenue reconsider his decision and repeal Market Value Assessment.
- AND -
Communication No. 101 - Ralph .Powell~ President. ,of Washington Mil~s Limited -
Re: Market Value Assessment. The communication advises of a newly incorporated
association known as "Niagara Falls Fit Inc." (Fairness in Taxation) which was
formed to monitor Regional and City Councils' spending and taxation methods, ~nd
if necessary, to proceed through the judicial system.to ensure a reasonable
method of property and business tax assessment. [ir. Powell reviewed the
written presentation which referred to the cancellation of major industrial and
commercial expansions. Further reference was made to former problems encountered
in the Queen Street area, and recent,rejuvenation resulting from the recent
re-assessment, as well as increased unemployment and a decrease in tourists
as a consequence of a major decrease in the industrial base and cessation of
expansion plans by Marineland. It was suggested that the "unrealistic increases"
should be "spread throughout the City's assessment base" because benefits would
be City-wide.. He requested an~immediate decision .by Council 4~egarding the matter.
A lengthy discussion followed with respect to the delegation of the fo~mer
Acting Mayor Cummings, the Chief'..Admlnistrative Officer and the.~tt.y~.Tre~$~rer,
who.me~ with the Minister of Revenue tn Torontot and. a second unofficial groupt
which included Aldermen. Ke~rio and<Puttick, who also' Spoke wi. th i~hc~: Minister.
The latter group was informed thai'no authorization had been ~eceived for .the
~%cting Mayor's visit, nor a request to rescind Market Value Aeeesement,/and it was
indicated, that there was no provision under present legislation for a reversal.
Events leading to Council's decision in favour of re-assessment,and the
possibility of havihg received misleading information were discussed. It was
suggested that the problem may be in the method of assessing properties and an
uneven distribution of weight within the classes. Reference was made to the
communication from the Minister of Revenue dated March let, 1984 which stated
· 3
-3 -
that although it was not possible to reverse a re-assessment, the Municipal Act
does permit a Municipal Council to phase-in tax increases that result from a
generR1 re-assessment.
Mr. Duncan Graham, 4060 Montrose Road, was granted permission to address
Council on the motion of Alderman Cummings~ seconded by Alderman Coville. He
advised that he had been a participant in the delegation to the Ministry when
the Minister of Revenue indicated that there was no resolution from Council
concerning the matter. Mr. Graham asked Council to forward a resolution to the
Minister of Revenue r~questing that re-assessment under section 63 of the
Assessment Act be-rescinded.
During further discussion it was pointed out that when the.former Acting
May~r Cur~ings, the C~isf Administrative Officer, and the City. Treasurer,~
v~s~ted.~ith the'Ministe~ .at Queen's Park, the meeting had been. scheduled' at the
direction of City Council- The inequalities in the former system of assessment
were discussed, as well as'the serious problems created by the new system. The
suggestion was made that Market Value Assessment should be established throughout
the Region if not the Province, and information Was relayed that the Minister had
~3~gesked tha~.' a 'roll-back or involvement in Province-wide Market Value
Assessment could be ,,political suicide" because of opposition from Toronto. It
was further suggested that it was possible for the Government to change the
Members of Council considered methods of reducing the problems created under
re-assessment, i.e., phasing-in, and the appeal procedure. It was suggested
that a 3 to 5 year period of phasing-in the increased assessments.would be a
temporary relief only, and would allow industries time to re-locate, causing a
d'estructton of the business structure and increased unemployment. The suggestion
was made that Council had been "sold a bill of goods by the Regional Assessment
Conunissioner", and that 'the Minister he asked to investigate the procedure of
the presentation made to Council..
ORDERED on the motion of Alderman Keighan, seconded by Alderman Cheesman, that
the matter be tabled until information has been. received from 'Staff. ~The motion
was Defeate~ with the followiug vote:
AYE: Alderman Baker, Chessman, Janvary, Keighan, and Merrett.
NAYE: Aldermen Coville, Cummings, Htnsperger, KerFi0, Puttick, and. Somerville-
Mr. Powell requested that Council pass a resolution at this meeting to assist
ratepayers whose increased taxes are excessive. He expressed the opinion that
a communication must be 'forwarded to the Province containing information with
respeot,to*:the problems created by re-assessment'. However, he stated that the
responsibility belonged to the Municipality.
The Chief Administrative Officer expressed the view that a commitment by
Council to assist the Commercial and Industrial sector would, at this time, be
referred to the .possibility of 'a~:"staggering'' cost factor, and
premature. He of information regarding the responsibility for the costs. The
.council's lack
City TreasUrer stated 'that the sta~.istical data should be forwarded to Council
one week prior ~o a dectsto~ being made on the matter. He advised that the
. information could be available in one week. Further discussion ensued with
respect to recent actions taken by some members of Council respecting the
matter~ the possibility of obtaining financial assistance f~o~the 'Province,
of re-assessment.
' d
and problems encounters by other mun'ictpalittes as a result
'ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrto, that
Council petition the Province of Ontario to implement Market Value Assessment
· across the Province, and further, if this action was not taken that' Market
Value Assessment be rescinded in Niagara Fall~. The motion.was Defea~. with
the following vote:
AYE: Aldermen Coville, Cummings, Ksrrio, Merrett, Puttick, and Somerville.
NAYE: Mayor ~meaton and Aldermen Baker, Chessman, Minspsrger, Janvary, and
Ksighan.
Mis Worship Mayor Smeaton declared A 10 minute recess at 9:35 p.m..'
Following'the break Council reconvened in the Council Chambers for th~ balance
of the 'Regular meettns, and continued the discussion on Market Value A~sessmgnt.
-4 -
It was moved by Alderman Janvary, seconded by Alderman Baker, that a
communication be forwarded to the Premier of Ontario and the Minister of
Revenue advising of the strong feelings concerning Market Value Assessment
in the City of Niagara Falls, and requesting that an investigation be made
into the mechanics and procedures of the Assessment Department. It was further
recommended that the Mlntster be asked to investigate avenues of assistance to
specifi~groups of taxpayers which have received excessive increases in their
assessments. The motion Carried with the following vote:
AYE: Aldermen Baker, Cheesman, Coville, Cummings, Hinsperger, Janvary, Keighan,
Kerrio, Merrett, and Somerville.
NAYE: Alderman Puttick.
PUMPING STATION - LUNDY'S LANE - MR. ROSS BARR
Mr. Ross Bart, Scott's Trailer Park, 8845 Lundy's Lane, reviewed previous
discussions with Council in 1982 and in the spring of 1983 when Council was
advised of problems he was encountering as a result of a back-up of sewage into
the basement of his place of business. He further advised that during the past
week 12" of sewage had backed up into his basement, the alarms at the pumping
station at Lundy's Lane and Garner Road had sounded 3 times in 2 weeks. Mr.
Bart stated that he had made numerous phone calls to the City and the Region
and subsequently 2 pumps had pumped in excess of 100,000 gallons of raw sewage
into the fields. Be discussed the severe damage to his property, disruption
to his business, and the health hazard involved. In reply to questions raised
regarding notification to the insurance company, Mr. Bart stated that he had
submitted a letter to the City Clerk.
The Acting Director of Municipal %'orks stated that he had talked with Mr._Barr
several times, that there was a problem which has not'yet been identified and
therefore a solution has not been found.
Regional Councillor Ed Sherar stated that he had visited the site and noted
the problems. He had contacted the Regional Director of Engineering.
Councillor Sherar suggested that a meeting of senior officials of the Region
and City should schedule a meeting to discuss plans for resolving the situation.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that Mayor Smeaton co-ordinate a cooperative meeting of the appropriate staff
from the Region and the City, as well as Mr. BarT, at the earliest possible
date, for a discussion of this matter. It was further recommended that Alderman
Kerrio be notified of the scheduled meeting date. ~gd Unantmousl~.~ _
~O? 65~ CALAGDIRO ESTATES SUBD~y~SION
Mr. John Hopkins, Solicitor, addressedTCounc.il on behalf of Mr. Albert Calaguiro,
and presented a summary of events during the past 5 years. The submission
included a quotation on Section 20D of the Subdivision Agreement signed by
Mr. Calaguiro and the City as follows:
"The Sub-divider, for itself and its successors in title, agrees that prior to
the construction of any dwelling on any of Lots 34 and 60 to 71 inclusive on the
Plan of Subdivision, a site plan showing the location of the proposed dwelling
and driveway on each such lot shall first be submitted for the review and
approval of the Ministry of Natural Resources, Niagara Peninsula Conservation
Authority, and the Niagara Escarpment Commission, in order to ensure that no
construction takes place on the slope of the scarp".
The summary reviews events to the present time: the sale of Lot 65, Plan M92 to
Mr. D~dio, the issuance of a building permit without approval from the N.P.C.A.
and Ministry of Natural Resources, the commencement of construction and release
of soil over the escarpment to a depth of "estimated ten to fifteen feet".
The subsequent legal proceedings were reviewed, and the'concern, of the Ministry
that a site plan had not been submitted, and approval had not been granted
for the construction. Mr. Hopkins replied to questions raised regarding a site
plan and obligatio~s under the subdivision agreement.
The Chief A~ministrative Officer suggested that the matter be referred to
~taff for a written report to Council as soon as possible, since litigation is
involved, and urged Council to be cautious during the discussion.
-5 -
Alderman Gummings-declared a conflict of interest because he is a member
of an organization with a large land-holding close to the development-
Mr. Hopkins requested that the City take steps to enforce provision 20D
of the subdividers agreement between the City and Calaguiro Brothers. He
further requested clarification of the "process for approvals pursuant to that
section of the agreement, particularly with reference to approvals of the
N.P.C.A. and the Ministry of Natural Resources".
In reply to questions raised the Director of Buildings and Inspections
advised that subsequent to becoming aware of the subject problem, the
processing for building permits has been changed to ensure that the commitment
in the subdivision agreements are fulfilled.
Mr. Albert Gataguiro was granted permission to address Council on the
motion of Alderman Keighan, seconded by Alderman Puttick. Ne referred to the
expense in terms of time and money that had been incurred by him before the
subdividers agreement had been signed by Calaguiro Brothers and the City; to
the expensive homes in the development; to the wording in section 20D and the
City's lack of enforcement; and discussed the actions leading to the present
situation. Mr. Calag~iro advised that the lot had been purchased and
construction begun on a level 1~ feet below grdde; there had been a soil stock-
pile, and while he was absent from the site for about 2 hours one day, the
bulldozer operator had dumped the soil onto the scarp. Mr. Calaguiro further
advised that when questioned the bulldozer operator had replied that he was
just doing what he was told by Mr- D'Addio.
The City Solicitor advised the the conditions referred to in section 20D
of the subdivision agreement had been requested by the Ministry of Natural
Resources and the N.P.C.A. and Escarpment Commission. He stated that section
20D provides for the submission of certain plans, and that if the City had been
remiss that would be one thing the City could investigate insofar as enforce-
mentwas concerned. He further stated that if Mr. Hopkins wishes the City to
take action against Mr. D"Addio wi~h respect to a breach of agreement in
laying soil on the escarpment, that is another c0nd~tion'and not contained in
section 20D of the agreement. Mr. Hopkins made ref&rence to the last Clause
in the aforementioned section, and to remedies which may be taken. The
Solicitor stated that section 20D does not require the City to,do anything
other than to obtain plans, -
In reply to questions raised, Mr. Hopkins indicated 'that his clients wished
the .City to take action against the present owner of the lot who has developed
-without compliance w{th section 20D of the agreement. He referred to section
29 of the agreement which states that "all the'terms are binding on all
subsequent owners of 'the property"..-
Following further discussion it was moved by Alderman Cheesman, seconded
by Alderm~n Baker, that the matter be referred to Staff for an investigation
and report as soon as possible regarding the extent of the City's responsibility
and the process of approval's for building permits. The motten Car.~.ied with
· Alderman Cummings abstaining on a conflict of interest previous~yrec~rded and all
others voting in favour.
,REPORT~
It was agreed that several reports on the agenda should be brought
forward.
No. 145 - Chief Administrative Officer - Re: Ontario Municipal Personnel
Association.'' The report recommends {i~at the Director of Personnel, Mr. J. Inman,
be authorized to attend the Spring Workshop of the Ontario Municipal Personnel
Association to be held in Peterborough on April 12th and 13th, 1984.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Una~imo~3..~
No. 146 - N~otiatin~ C .o~mittee - Re: Committee of the Whole Report -
Local 133, C..U.P.E. The Personnel Officer ·submitted the subject re~ort
-6 -
with the recommendation that Council ratify the amendments attached to the
report, and pass a by-law authorizing that a Collective Agreement be signed
by the Mayor and Clerk incorporating the amendments, together with a general
increase in salaries of 5% to be effective January 1, 1984.
Alderman Janvary declared a conflict of interest because her husband is
a dentist.
Following a brief discussion it was moved by Alderman Chessman, seconded
by Alderman Merrett, that the report be received and 'adopted. The motion
C~afried with Alderman Janvary abstaining from the vote on a conflict of interest
previously recorded, and all others voting in favour.
No. 147 - ~nce Committee - Re: Finance Committee Reports. The report
recommends the following:
1) Bill 138 - Municipal Tax Sales Act -
that Council receive and file for information;
2) Legislation for a Lien for Business Tax
that Council receive and file for information;
3) Long Term Disability Policy Renewal -
that Council receive and file for information;
4) Assessment Review Board Decisions -
that Council receive and file for information;
5) Program advertisement - Lions' Club -
that Council approve a $300 City advertisement in the Lions' Convention
6) Niagara Falls Review Bicentennial Business & Industrial Edition advertisement
that Council approve a 1/2 page advertisement costing $406 in the Niagara
Falls Review Bicentennial Edition;
7) Establishing reserves for 1983 -
that Council pass a resolution to establish reserves for the attached list
of projects and purchases.
Alderman Janvary declared a conflict of interest with Item ~o. 3 in the
report because her husband in involved in the Ontario Dental Association.
Following a brief discussion regarding Item No. 3,'Long Term Disability~
it was moved by Alderman Putttck~ seconded hy Alderman Chessman, that the
report be received and adopted. The motion Carried with Alderman Janvary
abstaining fro~ the vote on a conflict of ink'rest previously recorded, and
all others voting ~n favour.
No. 148 - Chief Administrative Officer - Re: Proposed plan of subdivision
"Forest Glen Estates", File' No. 26T-83005, G. Schneider Construction Ltd. and
Mr. George Schneider. The report recommends that the City Clerk be authorized
to process the application for the "Forest Glen Estates" Subdivision, and that
a report be prepared for Council's further consideration of this plan based on
technical information received, public input, etc. ~ '
Mr. Brian Sinclair, Solicitor, represented the developer at the meeting.
Ne presented a preliminary overview of the proposed prestigious development,
and discussed the $75,000 to $100,000 condominiums planned for the apartment
sites. Mr. Sinclair referred to the depth of the lots; to Shriner's Creek
at the rear of the subject lands, and to a number of large trees. Ne reviewed
plans for the northern part of the development with semi-detached building ;
sites with lot depths of 120 and 180 feet; referred to the development as a
unique one; and distributed a sketch of s house similar to that which will be
included in the proposed development. Mr. 'Sinclair advised that 6 purchase
orders have been received to date. ·
Mr. Sinclair suggested that objections are being received because people
have not seen the concept of the proposal. He stated that all of the concerns
with the services would have to be met, i.e., water pressure.. He further
stated that it is necessary to satisfy the Region regardin$ the traffic, ,
the Ministry of Natural Resources, and the residents. He requested that the
the matter be refer?ed to Staff for a full report.
The City Clerk advised that this is the first application of its 'kind under.
the new Planning Act, and the purpose of the meeting is to hear representatives
from both sides. He further advised that after all interested persons have
- 7 -
h,eo miven an opportunity to speak, the application should be referred to
Staff, together with the comments, and re-zoning would be involved at a future
date.
_RDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that approval be given to proceed past 11:00 p.m. The motion Carried with
Alderman Coville voting contrary, and all others in favour.
REPORT~
No. 148 -'Forest Glen Estates (Continued)
His Worship Mayor Smeaton advised interested persons that they would be
given~ the opportunitY to address Council on the matter, and invited them to do
so.
The City Clerk stated that this was the Public Meeting as advertised.and
9verybody would have the opportunity to express .their. opinions.
~ AND -
Communication No. 102 - Mr.s.. C... Woytowi.ch & Ms. Jean G.r.andoni - Re~_ F~oresta
Glen Estates Subdivision, File No. 26T 83005. The communication albacores
brief to be discussed at the Council meeting on March 26th, 1984. Ms. Grandoni
with the assistance of an aerial photograph submitted objections and alternatives
to the proposed development. She referred to a block of land bounded by Kalar
Road, Thorold Stone Road, Montrose Road and the CNR. amd Beaverdams Road which
she suggested could accommodate the entire projected population growth for the
next 14 years, and is situated immediately south of the proposed subdivision area.
Ms. Grandoni elaborated further on her presentation and suggested that the
proposal appeared to conflict with the development of current plans and drafts
underway, and discussed storm drainage for additional acreage.
Mrs. Woytowich referred to the declining population of the City of Niagara
' Falls, a current surplus of semi-d~tached housing units. She referred to
additional roads for the proposed housing units~ and recommended that Council
consider redevelopment' rather than a new development. Mrs. Woytowich further
referred to the parcel of land previously demonstrated bY Ms. Grandoni; to
the objection of taxpayers/to increases, and expressed opposition to the
proposal · .
- AND - ·
· Communication No. 103 - Mike Bortolin Re: Forest Glen ~states Subdivision.
' The communication expres'ses' ~pp~'si~'i%n to the propqsed subdivision in terms of
traffic, increased theft and vandalism from ~he type of dwellings proposed~
and a decrease in water pressure as well as inadequate sewer system.
~ AND -
Communication No. 104 - Brian Thomas - Re: Forest Glen Estates Subdivision.
The com0uunication expresses 'objectio to the proposal of a multi-dwelling
development.
Communication No. 105 A.. Maso
Re: Forest Glen Estates Subdivision. The communication expresses concern
regarding the proposed.subdivision because of Unused, serviced lots and
suggests that Council should he focussing development on ,,already-serviced land".
- AND -
Communication No. 106 - Joe Bottacin - Re: Forest Glen Estates Subdivision.
The communication oppose~~th~ application and suggests that multi residential
~nits should be included in .the dowqtown area.
- AND -
Communication No. 107 - Merino Bonin - Re: Forest Glen Estates Subdivision.
The communication expresses objection to the proposed subdivision in terms of
devaluation of the present properties in the area, traffic congestion, and
oppo~.ltiqn of surrounding residents.
- AND -: · ' '
communication No. 108 - Mrs..T,ou~ Iseppop - Re: Forest Glen Estates. Subdivision.
The communication attaches a petition with numerous signatures of objectors
-8-
to the proposed subdivision as a multi residental development in favour of
single family dwellings, and discusses traffic congestion, low water pressure,
vandalism, thefts, traffic casualties, drainage, and inadequate school
facilities, and suggests grouping multi family dwellings together.
Mrs. Iseppon advised that the petition had been submitted to the City Clerk,
that many people who had signed the petition had been under the impression that
the development would be for low income families, and may not oppose the
development when information concerning the proposal has been made available to
them.
The Chief Administrative Officer advised that all concerns expressed in the
communications and verbally would be taken into consideration prior 'to a
decision being reached. The Senior Planner referred to the current development
plan which is relative to all areas of the City, and consideration would be given
regarding the suggestion that the proposed subdivision would be premature.
Alderman Kerrio declared a conflict of interest because of a similar
development in another location in which he is involved.
Mr. Sinclair agreed to meet with the residents for a discussion of the
proposed subdivision.
ORDERED on the motlon of Alderman Keighan, seconded by Alderman Merrett~ that
the report be received and adopted. The motion__Carried with Alderman Kerrio
abstaining from the vote on a conflict of interest previously recorded, and all
others voting in favour.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Merrett~
that the communications be received and filed. The motion Carried with Alderman
Kerrio abstaining from the vote on a conflict of interest p~ously recorded,
and all others voting in favour.
COMMUNICATIONS
No. 109 - Claude Zorzetto - Re: Whitewater Waterslide Application for Liquor
Llcence. ~e communication refers to a recent application for a Liquor Licence
by Whttewater Waterslide and expreesee opposition on behalf of reetdents in the
adjacent area because of anticipated problems, i.e., shouting and noise, an increase
in un&ontrolled drinking, boisterous behaviour, and physical danger. Mr. Zorzetto
advised Council that the communication was self-explan~tory and he was present to
give additional information if required. ~.,~
Following a brief discussion it was moved by Alderman Futtick, seconded by
Alderman Merrett, that the matter be referred to Staff for an investivation and
co-ordinated discussion between the owners of Whitewate~ Waterslide and the
objectors. It was further recommended that a communic~tion be forwarded to
the L.L.B.O. expressing the concerns of area residents. ~rri9d Unani~pus!y'
No. I10 - Regional Munic.ipality of ~ia~$ . Re: Relocation of Fire Hydrants.
The communication refers to the reconstruction of Niagara Road 57(Thorold Stone
Road) and recommends the relocation of four affected fire hydrants.
ORDERED on the motion of Alderman Cbeesman~ seconded by Alderman Baker~ that the
communication be received and filed. '~rried. Unan~9ous.ly.
No. Ill - Regional Municipality of Niagara . Re: Road Widening . Niagara Road
104(Dorchester Roa~). 'The communication advises that the transfer of ~.05 metre
road widening from the Corporation of the City of Niagara Fails for a nominal sum
of $1.00, being a portion of Hranghard Road recently closed by the City of Niagara
Falls ha~ been approved and the Regional Solicitor authorized to prepare a by-law.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ketghan~ that
the communication be received and filed. Carried Unanimousl .
No. llZ - ~glonal M~nicip~lit~ of. Nia~arn . Re: Bill 160 - An Act to Revise the
Limitations Act. ~he ~ommuntcation'advisee that a recommendation to formally
request the Honourable R. McMurtry~ Attorney General~ to postpone the third
reading of Bill 160 until the municipalities have had an opportunity to make
representations relative to specific sections particularly relevant to municipal
1984.liability claims will be presented to P~gional Council for endorsatiol~ on March 15,
-9-
Co.-~ ...... ~a by Alderman Somerville, that
ORDERED on the motion of Alderman .............
the communication be referred to the Legal Department for preparation of a report.
Carried Unamimous.l~..
No. 113 - S~ecialty Cas}. Metals Limited - Re: Market Value Assessment. The
communication summarizes the total Assessment on Business and Property for the
firm during 1982 - 1984 inclusive which indicates extensive increases and
requests that efforts be continued to solve the current problem in this regard.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
the communication be received and filed. Ca~ied Unanimously,.
No. lld(a) - Cap~dia~ T~nsport Commission - Re: Hearing of CN/CP proposed
acquisition of Conrail assets. The communication refers to the upcoming
hearing of CN/CP acquisition of Conrail assets to begin in mid-June, and advises
that a formal Notice of Hearing will be issued four to five week before the
hearings are to begin-
ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that
the communication be received and filed. Carried Unanimously.
. AND-
No. lld(b) - Canadian Transport .Commission - Re: Application under the Railway
Act. The cor°munication advises that the Committee has reviewed the application
by Erie Express Holding Corporation for a Certificate of Public Convenience and
Necessity under the Railway Act and has approved .the certificate.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cheesman~ that
the communication be received and filed. Carried. UnanimoUsly..
No. 115 - Herb EPP, M.P..~.. -'Re: ' Unconditional drants to Municipalities, and
Budget for maintenance and upgrading of roads. The communication refers to
the subject matter and requests the comments of Council.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that
the communication be received and filed. Carried Un~nimgp.sly,.
REpoR7
No. 149 - (PD/22/84) - ~hief Administrative. Officer - Re: ST-113 - N.P.C.A.
Interim Watershed Plan. The report recommends that the Niagara Peninsula
Conservation Authority be advised that the City of Niagara Falls endorses, in
principle, the programme directions and priorities outlined in the Interim
Watershed Plan, subject to additional information being included in the final
drafting of the proposed Plan, outlining the full'costs of programme implement-
ation and the'anticipated increases, if any, in future municipal funding
allocations. Mrs. Barbara Guyatt was in attendance to reply to questions raised.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Janvary, that
the report be received and adopted, parried .Ua. antmously..
.~O.MMUN~CAT~ONp -'
No. 116 - E. Dempsey_ Jrt.- .Re: Niagara Youth Soccer.' The communication advipes
of the ~Sth'~nniversary celebration and requeet~ permission to erect banners
with the assistance of the Niagara Falls Hydro.
ORDERED on the motion of Alderman Cummings~ seconded by Alderman Janvary, that
the request be granted subject to the approval of ~he Region and the Niagara
Falls Hydro. Carripd. Un~p~mously-
No. 117 - Niagara Promotion Associa~!0p - Re: Blossom Festival '84. The
communication requests p~rm~aion to hold the BlossOm Festival Parade on
May 5th, 1984~ with the assistance of the Recreation Director.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Htnsperger,
that the request to hold the parade and the assistance of the Recreation
Director be approved. C~ Umantmous!y.
No. llg(a)The OptimiSt Club - Re: "Respect for Law Week" - April 29th to May 5th,
1984.. The c~muntcatto"' r~quests council to proclaim ~the above mentioned week as
nRespect'for Law Week".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the request be approved subject to established policy. Carried
. . . · 10
- 10 -
- 11 -
No. llS(b) Lieutenant Governor - Re: "Family Unity Month" - May 1984. The
communication requests that the month of May 1984 be proclaimed as "Family
Unity Month" in Ontario as recommemded by Premier William Davis.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the request be approved and the City pay the cost of printing in the newspaper.
Carried Unanimously.
No. 119 - ~hippawa Heritage Club - Re: "Ye Olde Ch£ppawa Days". The communication
requests permission to use Cumm~ngtom Square for a celebration and a Special
Occasion Permit for August 3rd, to 5th, 1984, and jamboree at Niagara South Arena.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville, that
the request of the Chippawa Heritage Club for a special occasion permit for Ye
Olde Chippawa Days to be held on August 3rd, 4th, and 5th, 1984 in Cummington
Square, and the Niagara South Arena, Niagara Falls, be approved, subject to the
approval of the Regional Police Department, the Niagara Falls Fire Department,
the Niagara District Health Unit, and the Liquo~ Licensing Board of Ontario.
Carried Unanimously.
No. 120 - MiniStry of Transportation & Co.~nunication~ - Re: Subsidy Program
for the 1984 fiscal year. The communication advi~e~' of the 1984 subsidy
program.
ORDERED on the motion of Alderman Curmnings, seconded by Alderman Janvary, that
the communication be received and filed, and further, that a copy Of the
communication be forwarded to the Transit Commission. ~a~ried Unanimously.
~pRTS
NO. 150 - Ma~9r Smeaton ' Re: Ontario Waste Management Corporation Proposals
Formation 0S Steering Committee. The report proposes names for the Committee
membership, comprised of Council'members and senior s~aff, and advises that
the main function will be to organize and develop strategies to oppose the
O.W.M.C. on three fronts - Political, Technical and Citizens~ Opposition. The
report invites ideas and technical information from Boards, Agencies and
citizens and urges all who believe they have technical knowledge which could be
developed as further arguments against a Waste Disposal Site in the City of
Niagara Falls to come forward. '
ORDERED on the motion of Alderman cummings, seconded by Alderman Hinaperger, that
the report be received and adopted. ~rried UnantMppsl~.
No. 151 - Chief Administrative ~fftcer - Re: Encroachment on Cit~ Easement at
Lot 66, Registered Plan N.S. 15 - S~C~rd Place. The report recommends that the
encroachment as shown on the attached drawing be allowed to remain and that the
by-law authorizing an agreement forths same on tonight's agenda be approved.
It is nndersto6d that the encroachment shall be allowed to remain until such
time as said building has been demolished, removed or destroyed by fire, or
otherwise,property owner. The costs involved in these arrangements are to be borne by the
ORDERED on the motion of Alderman Chessman, seconded by Alderman ~aker, that
the report be received and adopted. .C~.~ri9d U~.~nigousl¥'
No. 152 - Chief Administrative Officer - Re: Tenders ~or Materials 1984. The
· 'approved.rep°rt recommends that the Tenders'for Materials contained in the report be
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cumminga~ ~hat
the report be received and adopted. _Carri9d ~animousl~.
No. 153 - Ch~ief Administrat~ve Officer . Re: Intersection Control. The report
recommends that the necessary by-l~w~e prepared to allow the erection of Yield
signs at the following locations:
1) Facing traffic southbound on Woodington Avenue at its intersection with
Woodgate Street;.
2.~ Facing traffic southbound on Woodfield Avenue at its intersection with
Woodgate Street;
3)Avenue~acing traffic eastbound on SchoZfield Road at its intersection with Olden
4) Facir~g traffic eastbound on Westfield Drive at its intersection with Olden
Avenue;
5) Facing traffic north-eaotbound on Willow Crescent.at its intersection with
Olden Avenue.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville,
that the report be received and adopted. Carried Un~imogsl~.
No. 154 - Finance Committee - Re; 'City Float. The report recommends that
Council consider' an expenditure of $9,900 to construct and operate a City
Float during ~984. Alderman Chessman advised that there had been an extensive
discuss£on on this matter at the Finance Committee meeting, that City labour
costs were involved and just $2,800 is needed for expenses for.the Float.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that
the report be received and adopted, subject to the expenditure in total of
$2,800 for new expenses to operate the Float in 1984. The motion Ca~rie~ with
the following vote:
AYE: Aldermen Baker, Chessman, Coville, Hinaperger, Keighan, Merrett, Puttick,
and Somerville.
NAYE: Aldermen Cummings, and Kerrio.
No. 155 - Finance. Committee - Re: Parking Fund. The report recommends the
following:
1) Approval of the attached 1984 Parking Fund Revenue and Expenditure forecasts;
2) That the Chief Administrative Officer be authorized to take all necessary
steps to allow an increased parking meter rate of 25¢ per hour, 10¢ for
twenty minutes, and 05¢ for ten minutes.
A brief discussion followed regarding parking meters in the Chippawa area.
ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Merrett, that
the report be received and adopted, and further, that the Chippewa area be
considered by the Parking Committee in co-ordination with the Chippewa Business
Association. Carried. Unanimou~l~;.
No. 156 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends~t~a't the accounts totalling $5,443,118.90 for the one week period
ending March 26th, 1984 be approved by passing of the By-law appearing later
on the agenda.
Alderman Chessman declared a toni'Iici of interest on Cheque No. ~4332
because he is employed by the firm.
Alderman Cummings declared a conflict of interest on Cheque No. 24018
because a member of his family is involved in the p~ogram.
Alderman Hinsperger declared a toni. Iici of ~%nterest on Cheque No. 24007
since he is employed by the firm.
Alderman Merrett declared a conflict of interest on Cheque No. 24332
because his wife is employed by the firm.
Additional information was provided for Cheques No. ~3998 and 24304, and
further information was requested for Cheque No. 24311.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that
the report.~be received and adopted. The motion Carriedwith Aldermen Chessman,
Cummings, Hinsperger~ and Merrett abstaining from the vote on conflicts of
interest on Cheques No. 24332, 24018, 24007, and ~4332 consecutively, as
previously recorded, and all others voting in favour.
~ No. 157 - Chief._Administrative O~fic~ Re: 8621 Earl l~omas Avenue - Falls
Industrial Park. T~ re~ort recommends that Council approve of the re-sale of
Lot 31, Registered Plan 243, known.as 8621 Earl Thomas Avenue, from Aloette
Cosmetics of Canada Inc. to Collins .Canadian Concession in Trust~ subject to the
conditions in the report.
Alderman ierrio declared a conflict of interest since he had bid on the
property involved.
· o 12
- 12 -
ORnER_F.D on the motion of Aldermmn Cummings~ secnnded by Alderman Janvary~
that the report be received and adopted. The motion Carried with Alderman
Eerrio abstaining from the vote on a conflict of interest previously recorded,
and all others voting in favour.
No. 158 - Chief Administrative Officer - Re: Street Lighting. The report
recommends that Council approve new atreet lighting on Thorold Stone Road
between Dorchester Road and Drummond Road, and on Buchanan Avenue between
Ferry Street and Murray Street.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that
the report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 22 - CHEESMAN - CUMMIN~ . RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby authorizes and directs the establishment of
reserves for projects and purchases as described on Schedule "A" attached
hereto; AND the Seal of the Corporation be hereto affixed.
· Carried b~animoualy~.
No. 23 - ~UMMINGS - HINSPERGER - RESOLVED that pursuant to the Public
Transportation and Highway Improvement Act, the Council of the Corporation of
the City of Niagara Falls hereby requests an allocation of subsidy funds for
public transportation in the amount of $19,500.00 for the Capital Assistance
Programme and $410,692.00 for the Transit OPerating Assistance Programme;
AND the Seal of the Corporation be hereto affixed.
~Fried Unanimously.
No. 24 - ~.ANVARY - CUMMINGS - RESOLVED that pursuant to the Public Transportation
and Highway Improvement Act~ the Council of the Corporation of the City of
Niagara Falls hereby requests an allocation of subsidy for transportation for
the physically disabled in the amount of $30,249.00 for Combined ~apital and
Operating Assistance Programme; AND the Seal of the Corporation be hereto
affixed.
~ried Unanimousl~..
No. 25 - ~p~INGS - BAKER . RESOLVED that the Program of Proposed Expenditures
for Highway Improvements for the year 1984, dated March 26th, 1984, be adopted
as presented in the total estimated amount of $5,179,000 with an estimated
subsidy of $~,273,000; AND the Seal of the Corporation be hereto affixed.
Carried Unan$~pualy.
No. 26 ~ ~p_}94INGS - BAKER - RESOLVED that the Program of Proposed Supplementary
Expenditures for Highway Improvements for the year 1984, dated March 26th, 1984,
be adopted aa presented in the total eatimatsd amount of $498,600 with an
estimated subsidy of $249,300; AND the Seal of the Corporation be hereto
affixed. '
..Carried. Unaptmpusl¥..
?LAFS
Alderman Merrett advised, with reference to By-law No. 84-75, that although
he was willing to remain on the Steering Committee and the Niagara Tourist
Board~ he would request that Item No. 8 be amended to read that Mayor 8meaton
act as Chairman on both organizations.
ORDERED on the motion of Alderman Gheeaman~ seconded by Alderman Baker, that
leave be granted to read the following by-laws and the by-laws be read a
first time~ subject to the proposed amendment to Item No. 8, By-law No. 84-75:
~p_. 84-75 - A by-law to amend By-law Nos. 82-295 and 84-15 providing for . appointments to certain Boards, Commissions and Committees.
~P. 847.76 - A by-law to provide monies for general purposes. -
- 13 -
The motion Carried with Aldermen Cheesman, Curm~ings, Hinsperger, and Merrett
abstaining from the vote on conflicts of interest on By-law No. 84-76, as
previously recorded in Report No. 13o~ and others "~"° ~ favnur.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that
the following by-laws be now read a second and third time, subject to the
amendment previously recorded on By-law No. 84-75:
No. 84-75 - A by-law to amend By-law Nos. 82-295 and 84-15 providing for
..... appointments to certain Boards, Commissions and Committees.
No.. 84-76 - A by-law to provide monies for general purposes.
The motion Carried with Aldermen Cheesman, Cummings, Hinsperger, and Merrett
abstaining from the vote on conflicts of interest on By-law No. 84-76, as
previously recorded, and all others voting in favour.
NEW BUSINESS
CIVIC CO~ITTEE UPDATE
Alderman Janvary referred to a recent article in the local newspaper
regarding concerns of the Association for the Mentally Retarded for Group
Homes, and advised of the meeting scheduled for March 27th, 1984.
MOSEp~ Bp~RD - ALDERMAN SOMERVILLE
Alderman Somerville referred to his heavy schedule and requested that his
name be deleted from the Museum Board.
ORDERED on the motion of Alderman Cummings~ seconded by Alderman Merrett, that
volunteers to the Board submit their names to the City Clerk and a report will
be reviewed at the next meeting of Council. ~arried. ~na~mously-
It was moved by Alderman Cummings, seconded by Alderman Puttick, that
the meeting adjourn. ~arr~ed. pnan~Mou§l~..
S. SMEATON
THIRTEENTH MEETING
Committee Room #1
April 2, 1984
COF~MITTEE OF THE. WH9~E
Council met on Monday, April 2nd, 1984 at 7:00 p.m. in Committee of the
Whole. Ail members of Council were present with the exception of Aldermen
Kerrio and Merrett. Alderman Coville presided as Chairman.
Following consideration of the items presented the Committee of the Whole
arose without reporting.
TED,
Council Chambers
April 2, 1984
Council met on Monday, April 2nd, 1984 at 7:30 p.m. for the purpose of
considering general business. Ail members of Council were present with the
exception of Alderman Kerrio. His Worship Mayor Smeaton presided as Chairman.
Alderman Somerville offered the Opening Prayer.
ADOPTION OF MINp~E$
Alderman Cummings requested that the minutes of the meeting held March 26th
be amended, under Market Value Assessment, to read that the official delegation
to Toronto was comprised of former Acting Mayer Cummings, the Chief Administrative
Officer and the City Treasurer.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that
the amended minutes of the meeting held March 26th, 1984 be adopted as printed.
Carried Unan.impu~ly..
DEPUTATIONS
MARKET V~pE ASSESSMEN~ -. ~R....RALPH POWEL~
Communication No. 121(a)Mr. R~lph. Po~ll, Pre~idpDt,. Wap~.~ngton. ~ills L~9~te~ -
Re: Market Value Assessment. The communication reviews the concerns of
~Niagara Falls F.I.T. Inc. (Fairness In Taxation), i.e., unemployment as a result
of the closing of industries, difficulty in attracting new industries, and the
tax burde~ created when industries and large commercial enterprises close.
Mr. Powell discussed the arena of concern outlined in the communication.
He discussed the municipal tax structure as a reason for the attraction of new
industries to some areas, and compared facilities in Burlington with Niagara
Falls. Mr. Powell referred to the low taxation incentive in the Town of Vaughan
compared with Niagara Falls. He suggested that the problem should he viewed
as "city-wide" with the tax base as a whole supporting the operation of the City.
- AND -
Communication No. 121(b) - Mr. Glenn ~. Wa~ts ~ Re: Market Value Based
Assessment. The communication discusses the 50~ to 1800% increases resulting
from Market Value Based Assessment.
Mr. Watts was granted permission to address Council on the motion of
Alderman Cummings, seconded by Alderman Hineperger. He reviewed the handout
communication aforementioned, which discusses the impact of increased assessment
in the Niagara Region and the Province of Ontario, as well as "thousands of
residential homeowners". The adverse affects on specific homeowners were
reviewed, and a quotation was taken from a brief on Market Value Assessment
by Frederick W. Short, PhD. Economics.
-2-
ORDERED on the motion of Alderman Keighan, seconded by Alderman Puttick,
that the communications be received and referred to the B.i.G. A~ency inc.,
and the meeting scheduled for April 9th, 1984, for discussion. '
.Carried. Unanimously.
U FINZSRED Up,I ESS
MARKET VALUE ASSESSMENT - AND -
REPORT OF CHIEF ADMINISTRATIVE OFFICER
Report No. 159 -C~.i~f. ~dminis~a%iye. 9~.i~9~ - Re: Market Value Based
Assessment. The report recommends that the information contained therein be
received, that the report be tabled one week and a special meeting be held on
Monday, April 9, 1984 at which time Council consider the various alternatives
available regarding possible 1984 tax increases arising from the implementation
of market value based assessment.
A discussion followed regarding impact of Market Value Based Assessment
on companies in the community and the possibility of relocation if assistance
was not forthcoming from the municipality, with subsequent loss-of jobs. It
was pointed out that need for a decision was urgent.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that
the matter be referred to the Ministry of Revenue with a view to Province-wide
Market Value Baaed Assessment, or regulations that the decision for Market Value
Based Assessment be reversed in the City of Niagara Falls. The motion was
pefeated with the following vote:
AYE: Aldermen Coville, Cummings, Puttick, and Somerville.
NAYE: Aldermen Baker, Chessman, Nineperger, Janvary, Keighan, and Orr.
Alderman Merrett was not present during the vote.
ORDERED on the motion of Alderman Cummings, 9acceded:by Aldermag Hi~aRerger'
that.~ .... the report be read. tarried Unag.tmously.. , .~ =.~ ~
The City Clerk read the recommendation and background of the report on
Market Value Based Assessment. The Chief Administrative Officer replied to
questions raised regarding the proposed meeting for April 9th, 1984. It was
suggested that the B.I.G. Agency be asked to attend the meeting.
The Chief Admisietrative Officer replied to questions raised with respect
to alternative (c) outlined in the report. Ne advised that the'report attempts
to address available alternatives for Council, and refrains from reviewing
assessment which, in his opinion, should be the responsibility of the Assessment
Branch. The Chief Administrative Officer further advised that representatives
from the Assessment Branch will attend the meeting on April 9th to reply to
questions raised. Copies of the report will be made available to citizens.
Alderman Merrett entered the meeting .... -
ORDERED on the motion of Aldermau Chessman, seconded by Alderman Orr, that
the report be received and adopted. C~arried pD~nimo~ply.
p I;ATIO S
No. 122 -R~ional, Public Works Department - Re: Water & Sewage Flows b~
Municipality. The communication attaches the Monthly Report for February 1984.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummi~gs, that
the communication be received and filed. C_arried
No. 123 - The City of Thunder. Bay ~ Re: Pornographic Information Accessed by
Telephone."~he communication attaches resolutions regarding the subject matter
and requests that these be considered by Council.
ORDERED on the mo~ton of Alderman Cummings, seconded by Alderman Hinsperger,
that the communication be referred to the sub-committee of the Social Planning
Coun¢l! presently studying the matter. Carried Unanimously.
-3 -
No. 124 - ~Canadian Legion, Branch No. 51 - Re: 47th Annual Pilgrimage
to the Cenotaph, Queen Victoria Park. The communication advises that the
40 & 8 Society of the American Legion has scheduled the Annual Pilgrimage to
the Cenotaph for Saturday, May 19th, 1984, and requests a Parade Permit.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the communication be received and the request granted.
Carried Unanimously.
No. 125 - San.t~ P. ToDellato T0~nament Convenor for Molson Brewery -
Re: 6 Sic-Pitch Tournaments. The c~mmunication requests Special O~casion
Permits for 6 Sic-Pitch Tournaments on dates specified in the report, to be
held at the Niagara Sports Centre, Montrose Road.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the communication be received and a decision on the matter deferred for
further information regarding the proceeds. ~a~ied. pna~imously..
No. 126 -Vera & Alex Maline - Re: "Village Rest". The co~munication objects
to a liquo~ 'licenc~ be{n} 'i~sued for the Village Rest in Chippawa, and outlines
concerns regarding lack of space, insufficient parking, dangerous access to
traffic flow and traffic congestion, other locations in the area with licences,
the type of establishment being a "snack bar which mostly serves teenagers",
a recent expansion for storage purposes only, and lack of fencing which had
been stipulated as a condition of the expansion.
Following a brief discussion it was moved by Alderman Cummings, seconded
by Alderman Orr, that a coramunication be forwarded to the Liquor Licence Board
of Ontario with information regarding the concerns of Mr. and Mrs. Malina.
Carrie~ Unanimously.
Mr. Malina stated that he had received a communication from the L.L.B.O.
advising of the Hearing scheduled for April 12th, 1984. He discussed his
concerns regarding the Village Rest, and suggested that these are concerns for
the City and the Police DeRartment. He discussed the property uses, garbage
being placed between the building and the fence, and young people hiding in the
area. Mr. Malina referred to City property being used for restaurant parking
on Chippawa Parkway, and expressed great concern with respect to this matter.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that
the communication be received, and further that the matters of municipal concern
be referred to Staff for investigation. Carried Unanimously..
No. 127 - P.. A..Pasquet - Re: Regional Municipality of Niagara Land Division
Committee - 1983 Year-end Statistical Report. The communication attaches a
copy of the subject report, discusses increased applications and appeals in
1983,. and offers additional information if required.
Mr. Paaquet attended the meeting and advised that the reports and
recommendations of City Staff were appreclatad~=and further, that if desired
by Staff pr Council, a meeting for a discussion of mutual interests could be
arranged.
ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the
communication be received and filed. Car~d
No. 128 - N~ara. Falls Professional Fire Fighters Association - Re: Fireworks
. Display to Benefit G.~.O'.~. E~uip~ent'C~aign,'M~y'~'iet, 19~. The
communication discusses arrangements regarding the subject display of fireworks,
and requests permission for the event.
Mr. Edward Johnston, Secretary/Treasurer of the organization, advised
Council that his group was taking the initial action for the proposed event,
bhat the Optimist Club would be assisting, and that further assistance would be
solicited from other organizations. He stated that this display was planned
for a "community effort".
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr~ that the
communication be received and permission granted, p~ar~ed. ~nanimppp!X.
-4-
REPORTS
No. 160 - Chief Administrative Officer - Re: Contract W.I. 4/84 - Watermain
Installation on Lundy's Lane from Kala~r Road to Beaverdams Road. The report
recommends that the unit prices submitted by W. Duffin Contracting Ltd. for
Contract W.I. 4/84 be accepted by Council and this contract awarded.
The Acting Director of Municipal Works replied to questions raised with
respect to the completion of the contracted work. He stated that the work
would be completed prior to the tourist season. Alderman Merrett requested
that the information concerning the completion time be recorded.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimousl .
See Resolution No. 28.
No. 161 - Chief Administrative Officer - Re: Pipe Crossing Agreement with
C.N.R. for a 0" Diameter Storm Sewer Under Crossing C.N.R. Tracks at Mile
30.14 Stamford Subdivision, and at Mile 0.09 N.S. & T. Spur. The report
recommends that the by-law appearing on tonight's Council agenda be given the
necessary readings to authorize the execution of a Pipe Crossing Agreement with
the C.N.R. for the above-referenced works.
ORDERED on the motion of Alderman Cummings~ seconded by Alderman Hlnsperger,
that the report be received and adopted. The motion Carried with Alderman
Janvary abstaining from the vote on a conflict of interest b---~ecause her husband
has an office located in the subject area, and all others voting in favour.
See B -law No. 84-82.
No. 162 =~Chief Administrative Officer - Re: Contract C.C. 5/84 - Underground
Services on Gore Street. The report recommends that the unit prices submitted
by the low tenderer, Alfidome Construction Ltd., be accepted by Council.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Merrett~ that
the report be received and adopted. Carried Unanimousl .
See Resolution No. 29.
No. 163 - Chief Adm_~inistrati.__ve Officer - Re: Re-lotting Agreement for
Armstrong Drive in the Charnwood Subdi---vision - Plan M-53. The report makes
the following recommendations:
1) That the by-law regarding the re-lotting agreement between the City of
Niagara Falls and Ontario Land Corporation be approved; and
That Pinewood Homes (Niagara) Limited be allowed to install the additional
water service laterals and sanitary service laterals to the newly created
lots.
His Worship Mayor Smeaton received no response to his request for comments
from netghbours and interested citizens.
In reply to questions raised, the Acting Director of Municipal Works
advised that Pinewood homes would be servicing the lots.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimousl .
See B -law No. 84-83. '
No. 164 - ommittee _ Re: Dtsposa of C ercial ndustrial
Wastes by Tricll Limited at Walker Brothers Disposal Sits. The report
recommends the following:
I) That a letter of appreciation bs sent to Walker Brothers for advising
the City on this matter; and
2)~ That a closer,.ltaison with the Ministry of the Environment be established
to ensure the City is k~pt informed on the transport of wastes into
Walker~ Brothers Disposal Site.
His Worship Mayor Smeaton advised that he would forward a letter to
Walker Brothers.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinaperger,
that the report be received and adopted. Carried Unanimous1 .
-5-
No. 165 - Chief Administrat.~ive Officer - Re: Partial Closing of Dixon Street
from Main Street to Buchanan Avenue. The report recommends that Council hear
from any citizen at the meeting to comment on this partial closing and that
the by-law appearing later on the Agenda be passed.
Mr. L. DeLisio, Solicitor for the property owner of the Country Chalet
Family Restaurant in the area of Main and Dixon Streets, expressed concerns on
behalf of his client. He stated that he had been in contact with the Legal and
Engineering Departments of the City, that his client had been out of the country
for the past 5 months and had not yet returned, but that a neighbour had noted
the advertisement in the newspaper and relayed her concerns that Dixon Street
would be'closed entirely from Buchanan Avenue to Main Street, to his client's
wife who had contacted him. One concern was that the closure would interfere
with the traffic flow in the area. A second concern was related to the traffic
flow along Dixon Street, and thirdly, future plans for Dixon Street.
The Acting Director of Municipal Works replied to questions raised with
respect to the concerns outlined. He referred to a posted sketch of the subject
area and advised that the proposal was to close up 20' on Dixon Street, and that
no portion of the roadway would be affected. He further advised that no
current or future plans have been made to alter or improve Dixon Street, that
would cause blockage of the road. The Acting Director stated that the proposal
is for the closing and sale of a portion of the road, which does not affect
traffic operation. In reply to questions raised regarding sidewalks in the
subject area, he stated that the sidewalk would be within private lands after
the roadway has been closed, on the north side of Dixon Street. He further
stated that there was no sidewalk on the south side and no plans had been
made for a sidewalk on the south side. The Acting Director advised that a
future report would be submitted concerning this matter.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that the report be received and adopted. Carr/ed Unantmousl .
~84-86~
No. 166 - Chief Administrative Officer - Re: Proposed Closing and Sale of
Walkway 4(~-~-6~ro~~to Stnntcke Avenue. The report recommends the
following:
1) That Council hear, at tonight's meeting, any person who claims that his
or her land will be prejudicially affected by the proposed by-law to close
the above walkway and who applies to be heard.
2) That if there are no such claims~ the Council pass the by-law listed on
tonight's agenda to stop up and close and to authorize the sale and
conveyance of the walkway.
3) That Council also pass the resolution appearing on tonight's agenda to
authorize an application to the Minister of Municipal Affairs and Housing
for approval of the by-law. -~
In r~spo~se to His Worship Mayor Smeaton's request for comments from
interested residents~ Mr. Kenneth Fraser advised that he was in favour of the
walkway being closed. He further advised that at a previous meeting with
City Council, it had been agreed that the walkway should be closed.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr~ that the
report be received and adopted. The motion Carrie~d with the following vote:
AYE: Aldermen Baker, Cheesman~ Covtlle, Cummings, Hinsperger~ Janvary,
Merrett, Orr~ Puttick, and Somerville.
NAYE: Alderman Keighan.
See Resolution No. 27.
No. 167 - Chief Administrative Officer - Re: Proposed Closing and Sale of
Walkway 60 between Paddock Trail Drive and the easterly limit of Registered
Plan N.S. 39. The report recommends that Council take the following action
with respect to the proposed closing of the public walkway between Paddock
Trail Drive and the easterly limit of Registered Plan N.S. 39:
-6-
1) Pass the by-law appearing on tonight's agenda to authorize an agreement
with the~uu~t~.~-~"' '-- owners -.cope- "~'"~ the sale of the walkway, when closed;
2) Authorize the City Solicitor to proceed with the publication in the
Niagara Falls Review of the required notice of a by-law to authorize the
closing and sale of the walkway.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman
Ctn~miegs that the report be received and adopted. Carried Unanimousl .
See B -law No. 84-80.
No. 168 - Chief Administrative Officer - Re: Statement of Remuneration &
Expenses -~s that the information contained ie the
attached report be noted and the report be received and filed. A brief
discussion ensued regarding the value of attending specific conferences.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville,
that the report be received and filed. Carried Unanimousl .
No. 169 - C~_miyistra~ive Officer - Re: Municipal Account.. The report
recommeeds that the accounts totalling $365,734.08 for the one week period
endinglater onAprilthe agenda.2nd' 1984,. be approved by the passing of the By-law appearing
Alderman Cummings declared a conflict of interest on Cheque No. 24410
since a member of his family is involved in the program; a conflict of interest
on Cheque No. 24516 because he is a member of the association; and a conflict
of interest on Cheque No. Z4576 because he is employed hy the company.
Alderman Coville declared a conflict of interest on Cheque NO. 24561
because a member of the family works for the company.
Alderman Hinsperger declared a conflict of interest on Cheque No. 24403
because he is employed by the firm; and a conflict of interest on Cheque No.
24547 because he is involved with the service club.
Additional information was provided on Cheques No. 24378, 24397, and
24406.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
report be received and adopted. The motion Carried with Alderman Cummings
abstaining from the vote on conflicts of intere-'~-~on Cheques No. 24410, 24516,
and 24576 as previously recorded; Alderman Covtlle abstaining from the vote
on a conflict of interest previously recorded on Cheque No. 24561; and
Alderman Hlnsperger abstaining from the vote on conflicts of interest on
ChequeSfavour. No. 24403 and 24547 as previously, recorded; and all others voting in
pur~ recommends the following:
1) ~hat this report be received and filed;
2) That the City Solicitor be authorized to send a written submission to the
Provincelegislation expressing to the above, concern about the effects upon the City of similar
ORDERED on the motion of Alderman Chessman, seconded by Alderman .
Hinsperger, that the report be received and adopted. Carried Unanimousl .
No, ITL '~Officer - Re: Cost . '
Election. Th~ .. _ s Special Munici al
-u~z De aovlsed that the Special
Municipal Election held on February 27th, 1984~ to elect a Mayor was conducted
for approximately $30,000.00 less than the last Municipal Election held in
November 1982. It was pointed out that the involved persons should be
commended on 'a f}ne Job",
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummin~s, that
the report, he,received'and filed, Carried Unanimousl .
~ 7-
No. 172 - Chief Administrative Officer - Re: O.W.M.C. Information Days.
The report recormaends that the date of the O.W.M.C. open house for information
be noted and that this report be received and filed.
A brief discussion followed regarding publicity with respect to O.W.M.C.
open house.
ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that
the report be received and filed. It was further recommended that the Clerk
obtain information regarding advertisements being printed, and contact the
Province with respect to publicity in the Welland newspaper.
Carried Unanimously.
COMMUNICATION
No. 129 - Thomas Prue, Trustee of Unem lo ed Workers Coalition of Niagara Falls -
Re: Assistance for the Unemployed. The communication requests Council to
assist in obtaining work for locally unemployed residents, i.e., attracting
new companies to Niagara Falls, and by hiring locally unemployed people. The
communication further requests a one time grant of $500 to ansist in the
operating costs of the organization.
Mr. Prue attended the meeting and reviewed the information contained in
the communication.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Coville, that
the communication be referred to the Finance Committee and Municipal Works
Committee for consideration. It was further recommended that a copy of the
communication be referred to Staff for comments. Carried
RESOLUTIONS
No. 27 - CHEESMAN - ORR - RESOLVED that pursuant to section 298 of the Municipal
Act, R.S.~tnister of Municipal Affairs and Housing be requested to
approve By-law No. 84-88 to stop up and close and to authorize the sale and
conveyance of the public walkway between Tampa Court and Sinnicks Avenue;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimousl .
No. 28 - RINSPERGER - CUMMINGS - RESOLVED that the unit prices submitted by
W. Duffln Contracting Ltd., for Contract W.I. 4/84, be accepted by Council at
the low tendered amount of $12!,986.24, and this contract be awarded;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimousl-.
No. 29 - KEIGHAN - MERRETT - RESOLVED that the'~ntt prices submitted by
Alfidome Construction Ltd'~-'---~-~-'~., for Contract G.C. 5/84 - Underground Services on
Gore Street, be accepted at the low tendered amount of $18,137.37; AND the
Seal of the Corporation be hereto affixed.
Carried Unanimousl .
BY-LAWS
ORDERED on the motion of Alderman Baker, seconded by Alderman Chessman, that
leave be granted ~o introduce the fOllowin~ by-laws and the by-laws be read
a first time:
No. 84-7~7 - A by-law to stop up and close and to authorize the sale and conveyance
of the public walkway between Tampa Court and Sinnicks Avenue.
No. 84-78- A by-law to authorize the execution of an agreement between the
Corporation of the City of Niagara Falls and the Canadian Union of
Public Employees Local Union Number 133.
No; 84-7~- A by-law to authorize an agreement with Niagara Falls Professional
Fire Fighters, Local 528 of the International Association of Fire
Fighters.
No. 84-8__0 - A by-law to authorize an agreement with the owners of land abutting
big ik ......... '- ~-~ ~-~ ..... ~ ~ !y
limit of Registered Plan N.S. 39.
No. 84-81 - A by-law to authorize an agreement with Morrison Beatty Limited for
a hydrogeologic impact study at the Mountain Road Sanitary Landfill
Site.
84-82 - A by-law to authorize the execution of an agreement with Canadian
National Railway Company.
Np. 84-83 - A by-law to authorize the execution of an agreement with Ontario
Land Corporation.
pp...847~4 - A by-law to authorize the execution of an agreement with Alfidome
Construction Limited for underground services on Gore Street.
NQ. 84r85 - A by-law to authorize the execution of an agreement with W. Duffin
Contracting Ltd. for watermain installation on Lundy's Lane.
84-86 - A by-law to authorize the stopping up, closing and sale of part of
Dixon Street.
N0...84-87 - 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.
pp. ~-88 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Keighan voting contrary on By-law No. 84-77;
Aldermen Coville, Cummings, and Hinsperger abstaining from the vote on By-law
No. 84-88 on conflicts of interest previously recorded in Report No. 169;
Alderman Janvary abstaining from the vote on By-law No. 84-82 on a conflict of
interest previously recorded in Report No. 161; and all others voting in favour.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cun~nings,
that the following by-laws be now read a second and third time:
~o..847.77 - A by-law to stop up and close and to authorize the sale and conveyance
of the public walkway between Tampa Court and Sinnicks Avenue.
~p...84-78 - A by-law to authorize the execution of an agreement between the
Corporation of the City of Niagara Falls and the Canadian Union of
Public Employees Local Union Number 133.
~p. 8~-79 - A by-law to authorize an agreement with Niagara Falls Professional
Fire Fighters, Local 528 of the International Association of Fire
Fighters.
No...84-87 - A by-law to authorize an agreement with the owners of land abutting
the public walkway between Paddock Trail Drive and the easterly limit
of Registered Plan N.S. 39.
N9. 84-81 - A by-law to authorize an agreement with Morrison Beatty Limited for
a hydrogeologic impact study at the Mountain Road Sanitary Landfill
gite.
No.. 8~?~2 - A by-law to authorize the execution of an agreement with Canadian
National Railway Company.
No. 84-83 - A by-law to authorize the execution of an agreement with Ontario Land
Corporation.
No. 84-84 - A by-19w to authorize the execution of an agreement with Alfidome
Construction Limited for underground services on Gore Street.
No..84rBS'- A by-law to authorize the execution of an agreement with W. Duffin
Contractin~ Ltd. for watermain installation on Lund¥'s Lane.
-9-
No. 84-86 - A by-law to authorize the stopping up, closing and sale of part of
Dixon Street.
No. 84-87 - 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.
No. ~4-88 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Keighan voting contrary on By-law No. 84-77;
Aldermen Co'ills, Cummings and Hinsperger abstaining from the vote on By-law
No. 84-88 om conflicts of interest previously recorded; Alderman Janvary
abstaining from the vote on By-law No. 84-82 on a conflict of interest previously
recorded; and all others voting in favour.
NEW BUSINESS
B~ZZA~D OF.. '84
Alderman Cummings referred to the presence of the Niagara Falls Fire
Fighters and C.U.P.E. Unions at the meeting. He commended them for their
professional handling of problems and emergencies during the Blizzard of
'84.
NI~p~I~_ ~RmyS~ - ~pUTE SlUDY
Alderman Puttick referred to a handout communication from Niagara Transit
with attached report of the Route Study.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Baker, that the
communication be received and filed. It was further recommended that a copy of
the communication be forwarded to Mr. Joe Cuviello and Mr. Recto Quaranta.
Carried. Unanimously.
p~WSPA~.ER ITEM.- H~.VMET R~OVERY LTD.
Alderman Putttck referred to a recent article in the local newspaper
regarding the proposal of Hevmet Recovery Ltd. to locate in the Buttrey
Street/Stanton Avenue Area. He discussed the demonstrations which were
scheduled by the company last week.
A brief discussion followed regarding the attendance by Aldermen.at the
demonstrations.
~LL. 9ANApA,,P~.TE ,INp~ASE
His Worship Mayor Smeaton referred to the handout communication from Bell
~amada which attaches an application for Approval of Increases in Certain Rates
to the Canadian Radio-television and Telecommunications Commission.
ORDERED on the motion of Alderman Keighan~ seconded by Alderman Coville, that
the communication be received and filed. The motion p~rr~d with Alderman
Ninsperger abstaining from the vote on a conflict of interest because he is
employed with the company~ and all others voting in favour.
LONG TERM D~}AB~}ITY BEN, FI?
Report No. 173 - Chief Adm!Dis~ative Officer - Re: Renewal of Long Term
Disability Benefit. The report to the Finance Committee recommends that the
Corporation terminate the Long Term Disability Benefit policy with Sun Life
Assurance Company of Canada and purchase the equivalent benefit from Canada
Life Assurance Company. The report was considered and recommended for approval
by the Finance Committee at its meeting earlier today.
Alderman Janvary declared a conflict of interest because her husband is
involved in the dental association.
Alderman Merrett declared a conflict of interest since he is involved
with an insurance firm.
.... lO
o 10 -
ORDERED on the motion of Alderman Cu~ings, seconded by Alderman Keighan,
that the report be received and adopted. The motion Carri?____~dwith Aldermen
Janvary and Merrett abstaining from the vote on conflicts of interest
previously recorded, and all others voting in favour.
HUMANE SOCIETY MEMBERSHIP
Alderman Baker discussed a recent article in the local newspaper with
respect to the changes in qualifications for membership in the Humane Society.
He discussed the increase in applications for membership, the majority of
which were received from employees of the shelter and relatives of employees.
Alderman Baker further discussed the changes in qualifications for membership
being considered in the best interest of the Society and without conflicting
interest.
UPCOMING COUNCIL MEETINGS
The City Clerk advised that April 23rd, 1984 was the Monday following
Easter, and May 21st, 1984 was Victoria Day, and that both were holidays in
the City. He suggested the following 3 alternatives:
1) Schedule the meetings on the following Tuesdays;
2) Cancel the meetings;
3) Leave the matter to the discretion of Staff.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
Council meetings not be scheduled in either of the aforementioned weeks, u~less
an emergency arises that in the opinion of Staff requires that a meeting he
re-scheduled, p~rried, ppanimous~y.
It was moved by Alderman Puttick, seconded by Alderman Merrett, that the
meeting adjourn. Carried Unanimously.
FOURTEENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
April 9, 1984
Council met on Monday, April 9th, 1984 at 7:00 p.m. in Committee of
the Whole. All members of Council were present. Alderman Kerrio presided
as Chairman.
Following consideration of the items presented the Committee of the
Whole arose without reporting.
READ AND ADOPTED,
~'--U'~~~Y CLER~ /MAYOR WI~L'IAM S. SMEATON
PLANNING/REGUIAR MEETING
~ Council Chambers
April 9, 1984
douncil met on Monday, Apr.il 9th, 1984 at 7:30 p.m. for the purpose of
considering Planning Matters and general business. All members of Council
were present. His Worship Mayor Smeaton presided as Chairman. Alderman
Chessman offered the Opening Prayer.
REPORTS - PLANNING MATTERS
No. 174 - (PD/25/84) - Chief ?dministratiye Officer - Re: AM-19/82 Zoning
~mendment application - Dr. V. Vasic, Applicant. The report recommends
that the application be approved and that the by-law respecting the change
in zoning and site plan control be approved by Council.
The City Clerk explained that the application proposes a change in
zoning for lands located on the west side of Portage Road~between Prospect
Street and Britannia Crescent from R1C (Single Family Density Zone) to I
zone (Institutional Zone) for the purpose of permitting a Clinic for not
more than 5 physicians or practitioners. He advised that other by-law
amendments are also being proposed related to specific zone regulations as
noted on the Technical Report and Public Notice.
The Clerk stated that the Notice of Public Meeting was mailed to
interested residents on March 5th, 1984.
His Worship Mayor Smeaton advised any persons wishing 'further notice
of the passing of the amendment to leave identifying %nformation with the
City Clerk.
The Senior Planner explained the proposal and the subject lands with a
map demonstration. He explained that the effect of ~he proposed zoning by-
law would be to allow the Use of the property and ~he construction thereon
of a ~uilding to be used as a Medical Clinic for use by not more than 5
physicians, dentists and drugless practitioners. The Senior Planner
discussed the physical suitability of the site for the proposed use and its
effect on the surrounding area, as well the impact of the development on
existing roads. He discussed provisions for landscaping and buffering as
well as planning requirements being met under site plan control,
In response to Mayor 8meaton's request for comments from per sons
opposing the application~ Mrs. Joan Campbell, 5919' Britannia Crescent
expressed her concerns with respect to the Professional Building nearby
which has vacancies~ and traffic congestion. She stated that she had
contacted the Municipal Works Department 4 weeks ago regarding traffic
2
problems and that there had been no indication of action having been taken.
Mrs. Campbell referred to the inadequacy of parking facilities for the
proposed building and the "intolerable" situation with respect to parking
which currently exists in the subject area. She further referred to the
recent action taken by Council to restrict parking hours on Britannia
Crescent. Mrs. Campbell requested Council to consider the proposal very
carefully prior to making a decision to approve the application, and
further, that inquiries be made concerning staff parking for the proposed
building.
In reply to the request of Mayor Smeaton for comments from persons
opposed to the application, Mr. E.P. Greta, 5912 Britannia Crescent
discussed his concerns. He expressed agreement with Mrs. Campbell's
remarks. In reply to Mr. Greco's question respecting severance of the two
properties owned by the applicant, Dr. Vasic indicated that there had been
severance 5 - 6 years ago. In reply to further questioning, Dr. Vasic
stated that another property in the area located on Britannia Crescent, is
not directly adjacent to the subject property.
Mr. Greta expressed the opinion that there was insufficient parking
for the proposed facility. The Senior Planner referred to the parking
requirements under the zoning by-law. Dr. Vasic stated that, as a
specialist, he would have a maximum of 12 - 15 patients per week, with a
maximum length for each appointment amounting to approximately 45 minutes.
Dr. Vasic further stated that permission had been received to utilize the
hospital parking area for staff parking.
Bis Worship Mayor Smeaton requested further comments from persons
opposing the application and received no response.
In reply to questions raised, the Senior Planner advised that under
the by-law 3 parking spaces were required for each office. A brief
discussion followed regarding the inadequacy of parking facilities in the
area, specifications with respect to parking under the by-law, and the
possibility of additional parking.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr,
that the matter be tabled for further information regarding expanded
parking. The motion Carried with the follow.lng vote:
AYE: Aldermen Baker, Chessman, Coville, Janvary, Keighan, Merrett, Orr,
and Somerville.
NAYE: Aldermen Cummings, Hinsperger, Kerrio, and Puttick.
No. 175 - (PD/24/82) - Chief Administrative Office~z - Re: AM-2/84 Zoning
Amendment application - Group 2 Development Ltd., Applicant. The report
recommends that Council consider approval of the application and that the
zoning by-law which has been prepared for consideration also be approved.
Alderman Kerrio declared a conflict of interest because he is the
owner of property in the subject area.
The City Clerk reviewed the proposed changes. He stated that the
proposed amendment would apply to approximately 3.84 hectares of land (9.5
acres) located on the south side of McLeod Road and the new Marlneland
Parkway. That the proposed amendment to the By-law is to permit .the
construction of a 10 storey hotel whereas the current zoning regulations
only permit hotels having heights of 12 metres (4 storeys) or less. The
proposed amendment to the By-law is in respect to the By-law ~
applicable to the lands which are zoned TC (Tourist Commercial). The uses
proposed in the development of a hotel/recreational complex are permitted
uses! however, in order to permit the hotel to. be constructed to 10 storeys
(33m), an amendment to the By-law is required due co the added building
height.
Mr.. A. C~ar represented the Applicant at the meeting. He advised that
Mr. Brian Costello, a financial planning expert, had entered into an offer
to purchase for the lend, and was present at the meeting. Mr. Goer further
3
advised that Mr. John Costello, and Mr. Wayne Murray of. Chapman Murray
Associates were involved and present at the meeting.
Mr. Goer stated that although this was an application for a zoning
amendment, that no changes in the regulations of By-law No. 79-200 were
being requested, and further, that the land would continue to be used as
Tourist ·Commercial. Mr. Goar reviewed the proposal which would vary the
height of the building from 4 to 10 storeys, thereby allowing for vertical
rather than horizontal construction. He discussed the vertical
construction as allowing for increased landscaping as well as front and
rear yard set-backs. Mr. Goat expressed the view that concerns regarding
parking could be resolved and incorporated into the site plan.
Mr. Brian Costello advised that this was a "first class project" that
would benefit the City and attract tourists to the area. He referred to
the possible creation of 450 jobs, and to 120 part-time jobs being created
after the proposed hotel is in operation. Mr. Costello discussed the
planned recreation facilities for visitors and local residents in the form
of squash and tenn%s courts. He referred to the proposal as Phase I of the
development.
The City Clerk stated that the Notice of Public Meeting was mailed to
interested residents on March 6th, 1984.
His' Worship Mayor Smeaton requested that any persons wishing to
receive fur ther notice of the passing of the amendment should leave their
nam&s and addresses with the Clerk. He advised that all persons wishing to
submit presentations would be given the opportunity to do so.
The Senior Planner explained the proposal with a map demonstration.
He discussed the increased landscaping provisions and advised that the
change in height was compensated by the restrictions proposed by the
developer. The Planner advised that the proposal was within the guidelines
of the Lanmer Fenco Study. He replied to questions raised regarding
adjacent residential facilities.
His Worship Mayor 8meaton requested comments from persons in support
of the amendment other than the Applicant, 'and those opposed to the
amendment.
~. Murray replied to questions raised regarding the exterior
appearance of the proposed building, affiliation with a major hotel chain,
and ·advised that the final design had not been solidified.
Mr. Brian Coatello Stated that a major announcement would be
forthcoming~ and referred to the proposed hotel as being of excellent
design which would be introduced to Canada on "a.very high level". He
· replied to questions raised with respect to Phases II and III, and advised
that the intention was to have Phase I completed and operational for the
next tohrist, season. He further advised that local people would be
utilized wherever poss. lble.
ORDERED oR the motion of Alderman Cummings, seconded by Alderman Merrett,
that the report be received and adopted. The motion Carrie______~dwith Alderman
Kerrto abstaining from the vote on a conflict of interest previously
recorded, and all others voting .in favoBr.
'See_~-Law No. 84-89.
REPORTS
No. 176 - Chief Administrative Officer - Re: Closing of Allendale Avenue
at Main Street. The report recommends the following:
1) That Council hear any person who is in the audience to speak on the
mat ter;
2') That the by-law authorizing the closing . of the two sections of
Allendale Avenue be passed.
Mr. E. Clifford, Solicitor, represented the owners of The President
~otor Inn situated in the area~ . and in the proximity of Allendale Avenue.
He advised that the proposed closing would place a "hardship on the owners
of ~ the motels" in the area~ and that the closing would not have a
Beneficial effect with respect to traffic conditions.
-4 -
Mr. Clifford stated that the property owners with rear yard access and
egress onto Allendale Avenue would lose this accessibility. He explained
that hotel patrons were directed to the Allendale Avenue exit to avoid main
traffic routes. Mr. Clifford requested Council to give serious
consideration to this matter.
The Traffic & Construction Engineer reviewed the proposed closing of
Allendale Avenue with a map demonstration- He explained the 6-way inter-
section of Portage Road, Murray Street and Allendale Avenue, and the
traffic signal servicing the intersection, which subsequent to closing of
the road, might be changed to a standard signal. The Traffic &
Construction Engineer advised that he had contacted owners of the larger
motels who had been in favour of the proposed closing. He referred to
illegal right hand turns being made by drivers at the intersection. He
further referred to possible future plans for a "freeway" and advised that
the property would be retained for this purpose.
Mr. Stephen Kartofel, represented the owners of The President Motor
Inn, and objected to the proposal. He advised that traffic did not appear
to be a problem at the intersection. Mr. Kartofel replied to questions
raised regarding meetings with Staff to consider the matter, discussed
available parking in the area, and discussed the rear yard access onto
Allendale Avenue from the Windmill and Ambassador Motels. He stated that
he had discussed this matter with representatives of these establishments.
It was noted that a unanimous decision to close Allendale Avenue had
been made by the Municipal Works Committee.
Mr. Z Jovanovic, representing the Lincoln Motor Inn, advised that this
property did not have a rear yard access to Allendale Avenue. He further
advised that the rear yard access of the Windmill Motel is not used, and
that the Ambassador Motel does not have a driveway to Allendale Avenue. He
expressed favour with the decision to close the street.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr,
that the matter be tabled for written communications from nearby property
owners. The motion Carried with the following vote:
AYE: Aldermen Baker, Cummings, Htnsperger,
Merrett, Orr, and Somerville.
NAYE: Aldermen Cheesman, Coville, and Puttick.
UNFINISHED BUSINESS
Janvary, Keighan, Kerrio,
MARKET VALUE ASSESSMENT - AND - REPORTS OF CHIEF ADMINISTRATIVE
OFFICER
Report No. 159 - Chief Administrative' Officer - Re: Market Value Based
Assessment. The report recommends that the information contained herein be
received, that the report be tabled one week and a special meeting be held
on Monday, April 9, 1984 at which time Council consider the 'various
alternatives available regarding possible 1984 tax increases arising from
the implementation of market value based assessment.
- AND -
Report No. 177 - Chief Administrative Officer - Re: Market Value Based
Assessment. The report refers to the comments of the solicitor for Sault
Ste. Marie regarding the provisions of Section 363 relating to the
provision of relief where taxes are unduly burdensome, and attaches a
condensed list of cities and towns which have been re-assessed.
- AND -
Communication No. 130 - Canadian Niagara Power Company~ Limited Re: Market
Value Assessment. The communication discusses the past tax contributions
of the company . which had been excessive~ its concern regarding the
hesitation of Council in proceeding with the matter, and anticipates a
measure of relief with respect to the tax levied on its property.
- AND -'
Communication No. 131 - Unit RiG Equipment Co....Ltd. - Re: Tax
Assessment. The communication advises that the tax re-assessment notice
from the City had Uco~rectly decreased" the company's property ta~es to a
'~ore reasonable level", and expresses concern with the possibility that
the C~ty may use a phasing-in method of adjustments to taxes.
-5 -
- AND- The
Co~nunication No. 132 - S. Pietrangelo - Re: Tax Assessment.
communication discusses the increased tax assessment for 1984 at 7907 Carl
Road, the lack of City services, and requests the consideratioo of Council
in having the assessment reduced.
Mr. Ralph Powell addressed Council on behalf of Niagara Falls FIT
Inc., (Fairness In Taxation), and submitted a written brief. He discussed
the lack of understanding on the part of some Council Members regarding the
issue; anticipated consideration of the suggestions and reco~endations
presented by the group; referred to substantiation· of the facts and
figures; compared the City tax rate with the Town of Vaughan; discussed
the shifting of ."loss in revenues" and questioned the reason for the
discrepancies of taxes between classes as well as specifications for the
maintenance and landscaping of industrial property; and reviewed the
inequities in taxation. He requested the co-operation and support of
Council in 'minimizing the impact" of the major tax increases: and
equalizing the increases by an adjustment to the mill rate.
Mr. Tom Prue stated that Morket Value Assessment was not "simplistic"
nor "applied fairly", and referred to the problems in other centers in
Ontario subsequent to the implementation of Market Value Assessment. He
asked Council to '~ake every effort to ensure that companies remain in
Niagara Falls". Mr. Prue referred to the Bill of Rights and to the ability
to change laws. He submitted information which he had received from Nova
Scotia with respect to DREE grants.
The Chief Administrative Officer advised that the grants referred to
had been removed some time ago in Ontario, and further, that the
Municipality was prohibited from offering incentives of this nature to ind-
ustries.
Mr. Terry Wilkes, Regional Assessment Commissioner, replied to
questions raised regarding classes of properties. He stated that there had
been "some disparity between the different classes" prior to the implement-
ation of Market Value Assessment, that approximately 20 years ago when the
original assessments were made "they probably related fairly well to the
economic situation existing at the time% but that in the interim period
there have been fluctuations in the market place.
Mr. John Grimo discussed the assessments in the Town of Vaughan
compared with Niagara Falls, and referred to the inequities in the City of
Niagara'Falls. He discussed re-assessment in other municipalities~ stated
that the inequities were in the method of evaluating the buildinga~ and
suggested that the situation would re-occur every 4 years.
A discussion followed regarding concerns raised by Mr. Horst Peglow,
Mr. Ralph Biamonte, Mr. Fermino Susin, Mr,.:Joe Moretta, Mr. John Motet, Mr.
p. ~allman~ Mr. Duncan Graham, Mr. Larry Vaughan~ and Mr. Birch of Niagara
.on-the-Lake.
Mr. Wilkes advised that there had been a misunderstanding with respect
to the properties of Marineland. ~e replied to questions raised regarding
the method of evaluation which is provided under the Assessment Act. Mr.
Wilkes again urged that the procedure of the Assessment Appeal. Court be
used if inequities are perceived in assessments. Me referred to the study
. provided for City Council and discussed the percentages of increases and
decreases indicated in the study. Mr. Wilkes advised that there can be no
comparison of assessment among the provinces.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Baker~ that approval be given to proceed past 11:00 p.m.
Carried Unanimously.
Council discuased the effect of exorbitant tax increases on the local
industries in terms of decreased employment, relocation of tndustries~ and
the inability to attract new industries to the area. It was recognized
that the Assessment Appeal Court has not yet addressed the problem,
.6
-6-
There was further discussion regarding the possible solutions
....... a a _ ~A,..{.~ tho m~ll rate. including funds in the budget to
"soften the blow", increasing residential taxes.
The City Solicitor expressed agreement with the viewpoint of the
Solicitor from Sault Ste. Marie as outlined in Report No. 177 by the Chief
Administrative Officer. He advised that Council must make a decision on
the alternatives indicated in Report No. 159.
Mr. Gabs Mallouk discussed the decrease in assessment for taxpayers
who have been over-assessed for a number of years, and referred to the
appeals made to the Assessment Review Court. He stated that Council had
made the decision to implement Market Value Based Assessment by exercising
"fairness and good conscience" when the unfairness of the former system of
tax assessment was recognized. Mr. Mallouk advocated an increase in the
promotion of the area in order to increase taxes paid and spread the tax
burden over an increased population. He stated that although the City of
Burlington has a lower tax rate, real estate values were higher and the
population was larger than in Niagara Falls. Mr. Mallouk compared the cost
of lots in the Industrial Park versus the cost of residential property.
Following further discussion it was moved by Alderman. Orr, seconded by
Alderman Chessman, that approval be granted to proceed with 1984 taxation
based on the assessment preseotly in effect~ ' subject to adjustments of the
Assessment Review ~ourt. It was further recommended that a report be
received by Council regarding the possible implementation of alternative
"c" in the report which provides for the cancellation, reduction or refund
of taxes as provided in Section 363 of The Municipal Act. ~he motion
Carried with the following vote:
AYE: Aldermen Baker, Cheesman, Hinsperger, Janvary, Keighan, Merrett, and
Orr.
NAYE: Aldermen Coville, Cummings, Kerrio, Puttick, and Somerville.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Somerville, seconded by Alderman
Baker, that the minutes of the meeting held April 2nd, 1984, be adopted as
printed. .Carried Unanimously.
REPORT
No. 178 - Chief Administrative Of.f.lcer - Re: Municipal Accounts. The
report recommends that the accounts totalling $207,776.89 for the one week
period ending April 9th, 1984, be approved by the passing of the By-law
appearing later on the agenda.
'Alderman Hinsperger declared a conflict of interest on Cheque No.
24675 because he ts an employee of the. company.
Alderman Puttick declared a conflict of.interest on Cheque No. 24716
because a relative is involved.
ORDERED on the motion of Alderman Merrett, seconded by Alderman
Coville, that the report he received and adopted. The motion Carried with
Aldermen Hinsperger and Puttick abstaining on the vote on Cheques No..24675
and 24716 consecutively, on conflicts of interest previously recorded, and
all others voting in favour.
BY-LAWS
ORDERED on the motion of Alderman Baker, seconded by Alderman Somerville,
that leave be granted to introduce the followtn$ by-laWs and the by-laws be
read a first time:
~o~ 84-89 - To amend By-laK No. 79-200, as amended.(AM-2/84 Pt. Twp. Lot
176).
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No. 84-90 - Withdrawn.
No. 84-9i ............
No. 84-92 - Withdrawn.
No. 84-93 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Kerrio abstaining from the vote on By-law
No. 84-89 on a conflict of interest previously recorded in Report No. 175;
Aldermen Hinsperger and Puttick abstaining from the vote on By-law No. 84-
93 on conflicts of interest previously recorded in Report No. 178; and all
others voting in favour.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Coville,
that the by-laws be now read a second and third time:
No. 84-89 - A by-law to amend By-law No. 79-200, as amended. (AM 2/84, Pt. Twp. Lot 176).
No. 84-90 - Withdrawn.
No. 84-91 - Withdrawn.
No. 84-92 - Withdrawn.
No. 84-93 - A by-law to provide monies for general purposes.
The motion C~rried with Alderman Kerrio abstaining from the vote on By-law
No. 84-89 on a conflict of interest previously recorded; Aldermen
Hinsperger and Puttick abstaining from the vote on By-law No. 84-93 on
conflicts of interest previously recorded; and all others voting in favour.
It was moved by Alderman Chessman, seconded by Alderman Hinsperger,
that the meeting adjourn.
READ AND ADO~TA~,
FIFTEENTH MEETING
Committee Room #1
April 16, 1984
coMMITTEE OF THE WHOLE
Council met on Monday, April 16th, 1984 at 7:00 p.m.
the Whole. All members of Council were present with the exception
Alderman Puttick. Alderman Somerville presided as Chairman.
Following consideration of the items presented the Committee of
Whole arose to report in open Council.
in Committee of
of
the
READ AND AD~OP~P~P~ED,
. .- ....
REGULAR MEETING
Council Chambers
April lb, 1984
Council met on Monday, April 16th, 1984 at 7:30 p.m. for the purpose of
considering general business. Ail members of Council were present with the
exception of Alderman Puttick. His Worship Mayor Smeaton presided as
Chairman. Alderman Cummings offered the Opening Prayer.
WELCOME
His Worship Mayor Smeaton welcomed Girl Guides and their leader, Mrs.
Beverly Brown, from the 17th Niagara Falls Company, Southminster United
Church, to the Council meeting. The guides are working on their
'Citizenship Badge'.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett,
that the minutes of the meeting held April 9th, 1984 be adopted as printed.
Carried Unanimousl ·
DEPUTATIONS
G.N.G.H. CAMPAIGN FOR NEW EQUIPMENT
Mr. Frank B. Leslie, Jr., Campaign Chairman of Equipment Fund Raising
Campaign, Greater Niagara General Hospital, submitted an Audio Visual
presentation including historical, statistical and physical data with
respect to G.N.G.H. It was pointed out that this was a co~nunity hospital,
which had received community support in the past, was currently receiving
financial assistance and anticipating additional aid from the community in
the campaign for new equipment.
NIAG_____ARA FALLSCA~_C_A_N_AD_~A.NADAVISITOR & CONVENTION BUREAU
Communication No. 133 - N.F. Visitor & Convention Bureau - Re: Site
Location Study - O.W.M.C. The communication attaches a copy of the afore-
mentioned and advising that the following resolution was approved by the
Board: "That John Hoffner's statement be received in its entirety as a
policy statement from this Board representing, the Industry".
Mr. John Hoffner, N.F. Visitor & Convention Bureau Board Member,
reviewed the Site Location Study. He expressed concern regarding the 8
possible waste industrial 8ites proposed by the O.W.M.G., and advised
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that the Bureau has set up a committee which meets tomorrow to discuss all
factors and prepare a presentation. He further advised of the intention to
join with the City of Niagara Fails and other environmental groups for
positive action.
During the duscussion that followed, it was noted that the O.W.M.C.
would be holding Open House at the Cairn Croft in Niagara Falls on April
18th and 19th, and further, that the Recreation Commission would be
represented on Wednesday, April 18th at 8:00 p.m. Alderman Cummings stated
that C.J.R.N. would have participation from the O.W.M.C. tomorrow morning.
His Worship Mayor Smeaton advised that the tourist industry would be
participating in local activites respecting the O.W.M.C., and that local
industries had been approached with a request for coum~ents on the impact to
their particular companies which have products labelled Niagara Falls,
should the area be selected as a site for the proposed industrial waste
site by the O.W.M.C.
Following further discussion it was moved by Alderman Cummings,
seconded by Alderman Merrett, that the communication be received, and
further that a letter be forwarded to the Region with a reminder of the
importance of this matter to the City of Niagara Falls and the Region, and
a request be made for the recommendations of the Regional E.E.A.C.
Committee as soon as possible. The motion Carried with the following vote:
AYE:
NAYE:
Aldermen Coville, Cummings, Hlnsperger, Janvary, Keighan, Kerrio,
and Orr.
Aldermen Baker, Cheesman~ Merrett, and Somerville.
UNFINISHED BUSINESS
~T OF CHIEF ADMINISTRATIVE OFFICER
Report No. 623 - Chief Administrative,Office~r - Re;. Bingo Operation. The
report makes the following recommendations:
1) That effective January 1, 1984, the owners of the Golden Nugget, Roman
Court and Diamond Bingo Halls be required to charge bingo
organizations a flat rental rate per night for the use of the hall,
and that the licensed organizations arrange for their own supplies,
advertising etc.
2) That effective January 1, 1984, licence fees be based on the estimated
amount of prizes shown on the application form and that the issuance
refunds be discontinued.
3) That the Lottery Licensing Officer be authorized to suspend a bingo
licence for a two week period when continuous infractions of the rules
occur and that continuous major infractions be brought to the
attention of Council.
4) That Miss Barbara G. Scott be appointed Lottery Licensing Officer as
of January 1, 1984, to replace the City Clerk, who has held the
position for the past 13 yeare.
Alderman Merrett declared a conflict of interest because his firm is
involved with one of the companies.
Alderman Cummings declared a conflict of interest because he' is a
member of an organization and on the executive of an organization which may
he ~ffected.
Alderman Hinsperger declared a conflict of interest as a member of an
organization involved.
Alderman . Cheesman declared a conflict of interest as a member of the
Le~ioo which regularly holds bingoa.
Alderman Ketches declared a conflict of interest as a member of a
Church which holds bingos.
The City Clerk reviewed the report and advtsmd that the date January
1, 1984 in recommendations 1, 2, and 4, would be amended to read July 1,
1984. He stated that a fifth recommendation was included as follows:
-3-
5) That the maximum prize be reduced from $3,500 per evening to $2,500 per
evening.
The Clerk advised that Mr. Don Speight, of the Lotteries Branch in
Toronto had been unable to attend tonight's meeting but had indicated that
the halls should not be involved in bingOS and that the involvement should
be by the charitable groups. Mr. 'Speight stated that hall owners could
provide ·supplies required for bingos but must submit an itemized list of
the costs involved, and that the groups must do their own advertising, and
further, that the power to suspend bingo licences should be a function of
Council. The Clerk stated that the intention of recommendation number 5
was to allow the charitable organizations to retain a higher percentage of
the proceeds.·
- AND- The
Communication No. 134 - ~e~mist Club - Re: Bingo Operation.
communication advises that the Club is in agreemgnt with the four
recommendations 'in the report, but was not in favour of the change with
respect to prize money.
- AND- The
Communication No. 135 - Golden Nugget Bingo - Re: Bingo Operation.
communication advises that the management of Golden Nugget Bingo does not
become involved in the operation of the games; that the cost effectiveness
of licence refunds and the utilization of bingo commissionaires is
questioned; that there should be an appeal process and a period of grace
prior to suspension to benefit advertisers, bingo patrons and hall owners;
and that a prize board of $3,000 to $3,200 would be more realistic.
Mr. John Vranic, Niagara Falls Badminton, Tennis and Lawn Bowling Club
Ltd., expressed the agreement Of the Club with recommendations 2, 3, and 4,
and objected to recommendations 1 and 5. He expressed the view that the
lower prize money would b~ detrimental to the operation of bingos and
referred to American patrons attending because the prize money is greater
in Niagara Falls. Mr. Vranic stated that recommendation number 1 would re-
sult in decreased profits.
Mr. Lynn Jones, Loyal Orange Lodge No. 998, stated that the group has
no control over bingo patrons and fur ther that American patrons reduce the
profit because of the disparity in the American/Canadian dollar; that a re-
duction in prize money would cause patrons to go elsewhere; and discussed
the emergency replacement of bingo personnel.
Mr. Marlo Pingue, Royal Bingo Hall, advised that a decrease in the
prize money would be harmful; that if Americans were paid in Canadian funds
they would not attend local bingos; sod discussed advertising and ball
rental costs.
Mr. Peter Hayes, St. Thomas More Church, stated that the Church had
been holding bingos for over 25 years and ~id not pay in American funds.
He stated Chat there had never been an objection to this policy.
Mr. William Soper, Chairman of Bingos, Royal Canadian Legion Branch 51
indicated that very few complaints had been made regarding the payment of
prizes, in Canadian funds.
Mr. Bill Cooper, Niagara Falls & District Labour Council referred to
bingo operations as "highly competitive". Re stated that people attend for
the higher prizes and payment in American funds. Mr. Cooper expressed the
opinion that a saturation point had besn reached in relation to bingos, and
that the Labour Council was in agreement with all of the recommendations.
Mr. Ron Maddigan, Chtppawa Lions Club, expressed disagreement with
recommendation number 5. He stated that patrons paying in American funds
would receive prize money tn American dollars.
Mr. Bruce Huff, owner of the Golden Nugget, discussed the mplications
of recommendations; referred to the meeting with City Staff tn December
1983; discuesed bingo activities iq other municipalities within the area;
'and requested that Council give further consideration to the recommenda-
tions in the report.
t
4
Mr. Paul Heath, Niagara Falls Kinsmen Club, stated that he had
difficulty with the meaning of "fixed rental"; that the owner of the hall
is in a better negotiating position in terms of bulk purchasing; and
expressed the opinion that pooled, resources for advertising purposes would
be advantageous. He discussed recommendations 2, 3, 4, and 5, stated that
there was some difficulty with rights of the clubs and halls in section 3,
and expressed concern with the ability to attract Americans to the City in
relation to section 5. He suggested that American funds which were
diverted to charitable uses were beneficial to the community.
Mr. Andy Hardie, Niagara District Wheel Chair Sports Association,
discussed the fair treatment of that organization by hall owners, reminded
Council of the charitable nature of the activity and suggested that a great
deal of consideration be given to any changes in the status quo.
Following further discussion it was moved by Alderman Orr, seconded by
Alderman Janvary, that the report be received and the following recommenda-
tions adopted:
1) That effective July 1, 1984, the owners of the Golden Nugget, Roman
Court and Diamond Bingo Halls be required to charge bingo
organizations a flat rental rate per night for the use of the hall,
and that the licensed organizations arrange for their own advertising.
2) That effective July 1, 1984, licence fees be based on the estimated
amount of prizes shown on the application form and that the issuance
of refunds be discontinued.
3) That the Lottery Licensing Officer be authorized, subject to the
approval of Council, to suspend a bingo licence for a two week period
when continuous infractions of the rules occur.
4) That Miss Barbara G. Scott be appointed Lottery Licensing Officer as of
July 1, 1984, to replace the City Clerk, who has held the position for
the past 13 years.
The motion Carried with Aldermen Cheesman, Cummings, Hinsperger, Keighan,
and Merrett abstaining on conflicts of interest previously recorded, 'and
the following vote:
AYE: Aldermen Baker, Goville, Janvary~-.Kgrrio) Orr, and Somerville. ·
NAYE: Mayor Smeaton.
ORDERED on the motion of Alderman Somerville, seconded by Alderman
Orr, that the communications be received and filed. Carried U~animousl .
CLOSING OF ALLENDALE AVENUE AT MAIN STREET - AND - REPORT OF
CHIEF ADMINISTRATIVE OFFICER
Report No. 179 - Chief Administrative Officer - Re: Closing of Allendale
Avenue. The rep~essary by-law be prepared to
allow the closing of Allendale Avenue to both the north and south of
intersection with Main Street. The Acting Director of Municipal Works
reviewed the recommendation with the assistance of a graphical representa-
tion of traffic volume. He advised that the recommendation was a modified
version to allow two motels access to Allendale Avenue. The Acting
Director replied to questions ralsed regarding the amount of traffic in the
subject area, the opportunity given property owners tn the area to submlt
opinions, proposed maintenance of the road when closed and type of harrier.
Re discussed the traffic lights at the intersection, traffic patterns, sign
marking, and the upcoming reconstruction of Main Street.
Mr. Stephen Kartofel, President Motor Inn, and Mr. George Plosczansky
representing his father Mr. H, Plosczansky of the Cataract Motel, discussed
concerns revised by the proposed closing, i.e., lack of matntenace to the
closed section, of roadway, inconvenience to area residents who use the
road as a route to a nearby shopping area, inability to develop pro~erty in
the subject area~ inability of guests to use the road and avoid heavy
traffic areas, and a detrimental effect in connection with fire protection.
Mr. Kartofel stated that if the City closed the road he would consider
taking legal action because of the injurious effect to his property..
-5 -
Mr. D. Jovanovic, Lincoln Motor Inn, stated that he would not wish to
act in opposition to persons who have objected to the closing of Allendale
Avenue since tourism is "their livelihood". He stated further that he was
of the opinion that the road would eventually be closed, and that 1984
would be a "good year to do so". Mr. Jovanovic advised that the owners of
the Lincoln Motor Inn would be in favour of the closing.
Following further .discussion it was moved by Alderman Hinsperger,
seconded by Alderman Keighan that the closing of Allendale Avenue be
denied- The motion Carrie~dwith the following vote:
AYE: Aldermen Coville, Cummings, Hinsperger,
Merrett, and Somerville.
NAYE: Aldermen Baker, Chessman, and Orr.
Janvary, Keighan, Kerrio,
MARKET VALUE ASSESSMENT
Mr. Tom Prue discussed his concerns regarding an item recently noted
in the local newspaper related to tax assessment wherein he stated that he
had been '~isquoted". He stated that "without prejudice" he wished to
refer ko a motion made November 21, 1983 requesting that Section 63, Market
Value Assessment, be implemented in the City of Niagara Falls, in 1983 for
1984 taxation, and to the motion of Council with respect to the subject
passed by Council on March 26, 1984. Mr. Prue referred to a conflict of
interest on the part of one Council member, to a pending Court case in the
matter, and in reply to questions raised advised that he was referring to
Alderman Baker.
COMMONICATIONS
No. 136 - ~ara Falls Non-Profit Housi~- Re:
Status Report - Press Release. The communication attaches a status report
concernin~ the subject ma%tar for the information of Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Somerville, that the communication be received and filed.
Carried Una~
No. 137 ~ ~ - Re: Resolution to Premier of Ontario to support
FrancovOntaNians. The communication requests the endorsation of Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hinsperger, that th~ comm%uuication be received and filed.
Carried Unanimousl ·
No. 138 - Nia ara Concerts -'Re: "Music Appreciation Week" - April 23rd to
28th~ 1984. The communication asks Council to approve the aforementioned
week as "Music Appreciation Week".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary
that the request be apprpved subject to established policy.
Cart ied~
No. 139 - Nia ara Falls H dro - Re: "Niagara Falls Hydro Week" - June 10th
to 16th, 1984. The communications requests that Council proclaim the
aforementioned week as "Niagara Falls Hydro Week". The communication
includes information regarding Open House for the new building.
ORDERED on the motion of Alderman Htnsperger, seconded by Alderman
Cummings, that the request be ~pproved subject to established policy.
Carried Unantmousl .
Month" - May 1984. The communication asks Council to proclaim the month of
May 1984 as "Support Your Hospital Month".
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings,
that the request be approved subject to established policy.
Carried Unanimousl ·
No. 1~1 -.Dau hters of Isabella - Re: ,'Birthdate of Queen Isabella"
April 22, 1984. The communication requests that Council proclaim April
· 2Ynd as the sBtrthdate of quaep Isabella of Spain, Patroness of the
Daughters of Isabella".
ORDERED on the motion of Alderman Covtlle, seconded by Alderman Janvary,
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that the request be approved subject to established policy.
~arried Unanimousl .
No. 142 - ~ractic Clinic - Re: "Posture Week" - May 1 - 7,
1984. The comrauntcation requests Council to proclaim the aforementioned
week as "Posture Week".
ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerr,o,
that the request be approved subject to established policy.
Carried bnanimousl .
No. 143 - The Salvation Army - Re: "The Salvation Army Red Shield Month in
Niagara Falls" - May, 1984. The communication requests Council to proclaim
the month of May 1984 as stated above.
ORDERED on the motion of Alderman Somerville. seconded by Alderman
Hinsperger, that the request be approved subject to established policy.
Carried Unanimousl .
No. 144 - Saute P. Tonellat~ - Re: Series of 6 Slo-Pitch Tournaments as
specified in the communication. The communication requests Special
Occasion Permits for the Tournaments.
ORDERED on the motion of Alderman Coville, seconded by Alderman Chessman,
that the request of Mr. Saute Tonellato, Tournament Convenor for Molson
Brewery, for a special occasion permit for the series of slo-pitch
tournaments which will take place on the following dates: May 31st - June
3rd, 1984; June 28th - July 2nd, 1984; July 19th - July 22nd, 1984; August
4th - August 12th, 1984; August 30th - September 3rd, 1984; October 4th -
October 8th, 1984; to be held at Niagara Spgrts Centre on Mantrose Road,
Niagara Falls, be approved, subject to the approval of the Regional Police
Department, the Niagara Falls Fire Department, the Niagara District Health
Unit, and the Liquor Licensing Board of Ontario. ~arried ~
No. 145 - Women In Crisi__~s - Re: "Book Riot" - May 16 - 19, 1984. The
communication requests Council to approve an overhead banner on Victoria
Avenue in connection with the Book Riot.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman,
that the request be approved subject to the approval of the Region and the
Niagara Falls Hydro. Carried Unanimousl .
No. 146 - Downtown BoardOf Management - Re: Queen Street Closure
Promotional Event. The communication requests the temporary closing of a 3
block section of Queen Street between Ontario and St. Lawrence Avenues, on
May 19th, 1984, when the Historical Automobile Society of~ Canada will
exhibit their autos and participate in car games during the Blossom
Festival weekend.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman,
that the request be approved. Carried Unanimousl .
No. 147 - ~ . Re: "Olde Country Antiques". The communi-
cation requests permission to hold an Outdoor Flea Market on weekends '}rom
April to September inclusive.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker,
that permission be granted. Carried Unanlmousl .
No. 148 - RD al Canadian Air Cadets - Re: Annual Church Parade - April
29th, 1984. The communication requests a Parade Permit.
ORDERED on the motion of Alderman Chessman, seconded by Ald'erman
8omerville, that the request be approved. Carried Unanlmousl .
No. 149 - A Week~. Re: "5 Stages of Niagara" - June 21st -
23rd, 1984. The communication requests the permission of Council to hold
The Niagara Classic.
ORDERED on the motion of Alderman Orr~ seconded by Alderman Cummings, that
the communtcat}on be referred to the Municipal Works Department and the
Recreation Department for consideration, and further that representatives
of the organization be requested to attend the Municipal Works Committee
and Recreation Commission meetim& during the discussion.
Carried Onantmousl .
Building Maintenance
DEA-227,
No. 150 - Regional Public Works Department - Re:
Management System Upgrading. The communication attaches Report
Item 12, regarding the above mentioned.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Covitle,
that the communication be referred to Staff for comments.
Carried Unanimo~
No. 151 - Niagara-on-the-Lake - Re: Anti-Drinking/Driving Committee. The
communication recommends that the Region consider establishing the
aforementioned committee.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman
Hinsperger, that the communication be forwarded to the Region for serious
consideration and possible adoption of the recommendation.
Carried~
No. 152 _ ~ Union Centre - Re: Financial Assistance. The
communication discusses activlti~s ~n the community to help the unemployed,
amd requests financial assistance.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cheesman,
that the communication be referred to the Finance Committee for
consideration. Ca__tried Unanimo~
No. 153 - Rodman Hall Arts Centre - Re: "Arts in Niagara" Conference - May
12th, 1984. Th---------e communication provides information with respect the the
first "Arts in Niagara" Conference to be held on the aforementioned date in
Rodman Hall, St. Catharines and invites the attendance and participatign of
Council. Alderman Janvary advised that she will be attending.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman,
that the $10.00 fee be paid, and Alderman Oanvary be authorized t~ attend.
CarriedUnanimousl ·
REPORTS
No. 180 - Chief Administrative Officer - Re: 1983/84 Commercial Area
Improvement Programme C.A.I.P. · The report recommends the following:
1) That the Ministry of Municipal Affairs & Housing be sent a letter
formally accepting the allocation of $400,000 for 1984 Commercial Area
Improvement Programme for downtown Niagara Falls.
2) That the City commit an equivalent amount of $400,000.00 over a 3 year
period to provide for an overall project of $800,000.00.
3) That Staff commence to liaise with Provincial Staff regarding the pre-
paration of the Community Improvement Plan.
A discussion followed regarding funds budgetted for the downtown area~
payment of the loam, interest rate and previous discussions of the matter.
. ORDERED on the motion of Alderman Kerrio~ seconded by Alderman Chessman,
that the matter be tabled for one week for ~{urther information.
Carried Unanimousl ·
No. 181 - Munici al Wot_ks Go.mmit. t.e~e - Re: Municipal Works Committee Items.
The report recommends that the following reports be adopted:
1) Sewer Lateral Blockage - 5539 Fraser Street -
Teat Mr. A. Jenson be advised that sewer lateral clearing costs in the
amount of $90.00 incurred by City force for clearing a blockage at
5539 Fraser Street must be paid;
9) Oakes Park Baseball Stands -
(a) That Acres Consulting Services Limited be engaged to undertake a
structural evaluation and design and inspect the necessary works
in order to guarantee the structural adequacy of the baseball
stands at Oakes Park for the 1984 baseball season;
(b) That City Staff be authorized to undertake the necessary remedial
works as directed by Acres;
(c) That a further report be prepared concerning the replacement of
the exfstin& stands to commence immediately upon completion of
the baseball season;
-8 -
3) Annual Rubbish Campaign -
(a) /hat the City's Annual Rubbish Campaign commence on May 22, 1984.
(b) That Thursday and Friday routes be collected during the first
week of the campaign;
(c) That Monday, Tuesday and Wednesday routes be collected during the
second week of the campaign; and
(d) That Staff be authorized to arrange appropriate advertising of
this campaign.
4) Relocation of Watermain on Portage Road Bridge over H.E.P.C. Canal -
(a) That the City undertake the construction of a 300 mm (12")
diameter watermain on William Street from Drummond Road to
Portage Road, together with other associated works, which are
necessary to relocate the existing 300 mm (12") diameter water-
main on the Portage Road Bridge over the H.E.P.C. Canal;
(b) That the Regional contribution of $51,000 be accepted to finance
this project.
5) Regional Waste Management Master Plan - Stage 2, Development of Master
Plan Option -
That the Region be advised that Council wishes to review the report
entitled "Waste Management Master Plan Stage 2 - Development of Master
Plan Option", prior to the Region presenting this report to the public
in Niagara Falls. Also that the Region be advised that both meetings
take place on the same day at a date mutually convenient to the City
Council and Regional representatives.
6) Bampfield Street Extension and Closing of Simcoe Street at Conrail
Tracks -
That ibis report be received and endorsed.
7) Sanitary Sewer on Thorold Stone Road, 300' West of Dorchester Road -
That the normal local improvement procedure be dispensed with and
that the required sanitary sewer to service the two remaining
residences on the north side of Thorold Stone Road 'be constructed as
soon as possible.
8) Equipment Operations and Maintenance Budget -
That this report be received and filed.
Alderman Cummings declared a conflict of interest on Item No. 2, Oakes
Park Stands, because he is employed by the firm involved.
ORDERED on the motion of Alderman Merrett, seconded by Alderman
Chessman, that the report be received and adopted. The motion Carried with
Alderman Cummings abstaining from the vote on a conflict ~ interest
previously recorded, and all others voting in favour, t
C__O .M~.UNICATION
No. 154 - .On. tario Assoc.iatton of Architects (O.A.A.) - Re: C.A.U.S.E.
Report. The communication attaches the repor~ of the C.A.U.$.E. Team With
respect to the problems affecting the central business district of Niagara
Falle.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Merrett,
that the communication be received and referred to Staff for a report on
the Implications of implementations. .C. arried. Unanimously.
_REPORTS
No. 182 - Chief Administrative Officer - Re: Tenders for Broad Leaf. Weed
Control in ~a~s' & Cul-de-sa'cs, Grub Control on Cul-de-sacs, and Gra~s Cut-
ting in Rural Cemeteries. The report recommends the following:
1) That the tender of Bobby/Green Lawn Spray in the amount of $13,150.00
for the control of broad leaf weeds in parks and on cul-de-sacs, and
the control of grubs on cul-de-sacs be accepted.
2) The tender of Carver's Landscaping in the amount of $2,072.00 for
grass cutti?g in rural cemeteries be accepted. '
ORDERED on the motion of Alderman Ninsperser, seconded by Alderman
Covillei that the report be received and adopted. ,C,arried, Una.nimously.
,$,ee ,Be,solution No. 30.
_See By-law No. 8,4-95,.
-9 -
No. 183 - Chief Administrative Officer - Re: Tender for Materials 1984.
The report recommends that the following tenders for material be accepted:
Sod
~ a) F.O.B. Fairview Cemetery - Robert Young Sod Farm Ltd.
b) F.O.B. Sod Farm - Niagara merged Co. Ltd.
Grass Seed - (All F.O.B. Fairview Cemetery)
~ Grass Seed Mixture - Otto Pick & Sons Seed Ltd.
b) Manhattan Perennial Rye Grass - F.R. Smith Seeds Ltd.
c) Pennlawn Red Fescue - Otto Pick & Sons Seed Ltd.
d) Overseeding Grass Mixture - F.R. Smith Seeds Ltd.
Oxygen, Acetylene and Propane - F.O.B. Municipal Service Centre
Niagara Welders Supply Ltd.
ORDERED on the motion of Alderman Baker, seconded by Alderman Keighan,
that the report be received and adopted. Carried Unanimously.
See Resolution No. 31.
No. 184 - Chief Administrative Officer - Re: Contract R.C. 6/84 - Road Re-
Construction and Sanitary· Sewer Repairs on Buchanan Avenue from Ferry
Street to Robinson Street - Stage I. The report recommends that the Unit
prices submitted by the low tenderer, Ernie Damore & Sons Limited, for
Contract R.C. 6/84, be accepted by Council.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett,
that the report be received and adopted. Carried Unanimously.
See Resolution No. 32.
See By-law No. 84-97.
No. 185 - Chief Administrative Officer - Re: Ontario Traffic Conference -
1984 Annual Conference. The report recommends that one member of Staff and
one member of the Parking Committee attend this conference.
ORDERED on the motion of Alderman Coville, seconded by Alderman Kerrio,
that the report be received and adopted. Carried Unanimously.
No. 186 - Chief Administrative Officer - Re: 1984 Tenders for the supply
of Tires, Tubes and Repairs Service - City Fleet. The report recommends
that the tender for the supply of tires, tubes and 9epair services sub-
mitted by the Firestone Store, Niagara Falls, in the amount of $37,824.86,
be accepted.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman,
that the report be received and adopted. Carried Unanimously.
See Resolution No. 33.
No. 187 - Chief Administrative Officer - Re: The Buildings & Inspections
Department Report for March 1984.. The report p%gyides information regard-
ing Permits and Highlights for March 1984, as well as April Proposals,
Canada Works Program, and R.R.A.P. Alderman Chessman requested a report
concerning the cri.teria for decisions on R.R.A.P.
ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that
the report be received and filed, and further, that the matter be referred
to Staff for a report on decision-making for R.R.A.P. Carried Unanimously.
No. 188 - Chief Administrative Officer - Re: G.N.G.H. Equipment Fund
Raising Campaign. The report recommends that Council approve the request
of the City Employees' Campaign Committee to award an incentive of a week's
vacation each year for the next five years regarding the above mentioned.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio,
that the recommendation be amended to read "for the next two years" and the
amended report be received and adopted. The motion Carried with the
following vote:
AYE: Aldermen Baker, Cheesman,
.Orr, and Somerville.
NAYE: Alderman Janvary.
Coville, Cummings, Hinsperger, Merrett,
No. 189 - Chief Administrative Officer - Re:
icipal Property, West of Montrose road.
Proposed Sale of Surplus Sun-
The report recommends that a
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parcel of City owned land being part of Lot 140 of the former Township of
Stamford.. located adiacent_ to the Serbian p~c_n_ic ~---n-~,or~" ~o ~"""~~^~" west
of Lots 2, 3, and 4, Registered Plan No. 118, be surveyed and conveyed to
three adjacent property owners on the west side of Montrose Road for a
total of $3,400.00.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker,
that the report be received and adopted. Carried Unanimously.
No. 190 - Chief Administrative Officer - Re: P~oposed Exchange of Property
- Ellen Avenue. The report recommends that P.P. & P. Hotels Ltd. and the
City exchange parcels of land being parts of Lots No. 122 and 123,
Registered Plan 291, located on the northerly side of Ellen Avenue between
Centre Street and Walnut Street, and; that Council authorize the surveying
of the lands, with P.P. & p. Hotels Ltd. paying the survey costs and legal
costs for preparation of the deeds.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hinsperger, that the report be received and adopted. Carried unanimously.
No. 191 - Chief Administrative Officer - Re: Purchase by the City from
William G. Becker of 4187 Queen Street. The report recommends that the
formation contained therein be received and filed.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cheesman, that
the report be received and filed. Carried Unanimously.
See By-law No. 84-100.
No. 192 - Chief Administrative Officer - Re: Expropriation of 4190 Queen
Street. The report recommends that Council consider and, if deemed advis-
able, pass the following two by-laws appearing on to-night's agenda,
namely:
1)
that the report be received and adopted.
A by-law to authorize the approval of the expropriation of the above
noted lands for the widening of Queen Street and for park purposes;
and
A by-law to acquire certain lands for the widening of Queen Street and
for park purposes by expropriation.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr,
Carried Unanimously.
p~e By-law No. 84~101~
and B~-law No.~84.102.
No. 193 - Finance Committee - Re: Report on Staff Complement. The report
recommends that the information contained therein be received for the
information of City Council.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville,
that the report be received and filed. ~arried unanimously.
No. 194 - .Ma~or imeaton - Re: Reserve Fund - Consulting Services -
O.W.M.C. The report recommends that the Finance Committee be requested to
include an amount of $35,000 in the 1984 budget estimates as a reserve to-
ward the cost of engaging consulting services (legal and technical) ~hich
will be required as a reanlt of the Ontario Waste Management Corporation
Falls.proposal to locate a waste industrial facility in the City of Niagara
The report further recommends that staff be authorized to seek funding
ass/stance from appropriate Provincial government levels, including
O.W.M.C,to ass/st in meeting the costs of engaging "outside services".
ORDERED on the motion of Alderman Rerrlo, seconded by Alderman Coville,
that the report be received and adopted. ~rried Unanimousl~.
No. 195 - ~ef Admtnistratiye Officer - Re: Municipal Accounts. The re-
port recommends that the accounts totalling $359,892.70 for the one week
period ending April 16th, 1984, be approved by passing of the By-law
appearing .later on the asenda.
- 11 -
Alderman Cummings declared a conflict of interest on Cheque No. 24756
because a member of his family is involved.
Alderman Hinsperger declared a conflict of interest on Cheque No.
24746 because he is employed by the company.
Additional information was provided for Cheques No. 24739, and 24751.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that
the report be received and adopted. The motion Carried with Aldermen
Cummings and Hinsperger abstaining from the vote on conflicts of interest
on Cheques No. 24756 and 24746 consecutively, as previously recorded, and
all others voting in favour.
No. 196 - Chief Administrative Officer - Re: Ontario Association of Fire
Chiefs. The report recon~nends that City Council authorize the following
persons to attend the Annual Conference of the Ontario Association of Fire
Chiefs to be held in Windsor, May 7 - 11, 1984:
- Chief Dave Kemp
- Area Chief Gene Somerville
-Axea Chief Tom Smith
- Area Chief Maurice Demera
- Niagara Fails Fire Department
- Chippawa
- Willoughby
- Crowland
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman
Kerrio, that the report be received and adopted. CarFied. Unanimously.
No. 197 - Chief Administrative Officer - Re: Long Distance Telephone
Charges. The report recommends that Council authorize the reimbursement,
on a monthly basis, to Alderman Dona Coville all charges relating to long
distance telephone calls incurred on 734-4998 on behalf of the municipality
and-that the said policy be made retroactive to January 1, 1984.
Alderman Coville declared a conflict of interest 'since she is
involved.
Alderman Htnsperger declared a conflict of interest since he is
employed by the telephone company.
ORDERED on the motion of Alderman Merrett~ seconded by Alderman
Cheesman, that the report be received and adopted. Carried Unani~oup~.
No. 198 - City Clerk - Re: AM-6/83, Restricted Area By-law No. 84-3,
Stamford Presbyterian Church. The report recommends that the date of the
Ontario Municipal Board Hearing respecting the above By-law be noted and
that this report be received a~d filed.
Alderman Orr declared a conflict of interest because a relative
the subject property.
ORDERED on .the motion of Alderman Hinsperger, seconded by Alderman
Cummings, that the report be received and adopted. The motion Carried with
Alderman Orr abstaining on a previously recorded conflict of interest, and
all others voting in favour.
No. 199 - Chief Administrative Officer - Re: Domed Stadium - Metropolitan
Toronto. The report recommends that the appropriate Provincial and Federal
Ministries be requested to provide full disclosure of any method of
proposed funding to be provided for the construction of a domed sports
stadium in Metropolitan Toronto or surrounding areas.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville~
that the report be received and adopted. Carried Unanimously.
No.' 200 - Chief Adm~ntstvative Offtc?r - Re: Calaguiro Bros. Limited -
Plan M-92, C~laguiro Estates. The report recommends that the information
contained therein be received and filed for the information of Council.
Alderman Cummings declared a conflict of interest because he is a
member of an organization which owns property in the area.
h
- 12 -
Mr. John Hopkins, Solicitor for Mr. Albert Calaguiro, referred to paMe
5, item 3 of the report, and expressed appreciation that the matter of the
issuance of building permits for the erection of a building or structure on
the lots referred to in paragraph 20D of the Subdivision Agreement was
being given consideration.
Mr. Albert Calaguiro reviewed actions taken to the present time
regarding this matter, stated that the situation should not have been
allowed to develop, that an error had been made, and that he had to assume
the costs for a moral obligation to the landowners in the Calaguiro Estates
Subdivision. He expressed the view that the municipality had some respons-
ibility in this situation. In reply to questions raisedj Mr. Calaguiro
advised that he was '~ot asking for any monies".
The City Solicitor advised that the position of the City in this
matter was outlined clearly in the report. He further advised that the
City has taken the position that no further building permits would be
issued until the required site plans had been submitted to the agencies
specified therein. ' '
Following further discussion it was moved by Alderman Coville,
seconded by Alderman Hinsperger, that the report be received and filed.
Carried Unanimously.
COMMUNICATION
No. 155 -Niasara Shrine Club - Re: Ceremonial Parade. The communication
requests approval from Council to change the parade starting point from
Bridge Street and Victoria Avenue to Stmcoe Street at A.J. McKinley Park.
ORDERED on the motion of Alderman C~nmings, seconded by Alderman Janvary,
that the request be approved. Carried Unanimously.
~ESOLUTIONS
No. 30 - HINSPERGER - COVILLE - RESOLVED that the unit prices submitted by
Bobby/Green Lawn Spray and Carver's Landscaping be accepted for the low
0endered amount as follows:
1) Bobby/Green Lawn Spray -
- for the control of broad leaf weeds in parks
and on cul-de-sacs, and the control of grubs
on cul-de-sacs in the amount of:
2) Carver's Landscaping -
- for grass cutting in rural cemeteries in the
amount of:
AND the Seal of the Corporation be hereto affixed.
$13,150.00
$ 2,072.00
~Fried Unanimously.
No. 31 - BAKER - KEIGHAN - RESOLVED that the unit prices submitted by the
followins be accepted ~r the low tendered amount:
SOD
1--~' Robert Young Sod Farm Ltd. -
F.O.B. Fairview Cemetery in the amount of:
2) Niagara Merlon Sod Co. bid. -
F.O.B. Sod Farm in the amount of:
$ .071 Per Roi1
0.55 .Per Roll
GRASS SEED
~--Otto Pick & Sons Seed Ltd.-Grass Seed Mixture:$ 1~300.00 Total
2) F.R. Smith Seeds Ltd. - Manhattan Perennial
Rye Grass: $ 310.00 Total
3) .Otto Pick & Sons Seeds Ltd. -
Pennlawn Red Fescue: $ 292.00 Total
4) F.R. ~mtth Seeds Ltd. -
Overseeding Grass Mixture: $ 1,240.00 Total
- 13 -
OXYGEN ACETYLENE & PROPANE
N~agara Welders Supply Ltd. -
- F.O.B. Municipal Service Centre
as quoted;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 32 - HINSPERGER - MERRETT - RESOLVED that the unit prices submitted by Ernie
Damore& Son Limited, for Contract R.C. 6/84 - Road Reconstruction and Sanitary
Sewer Repairs on Buchanan Avenue from Ferry Street to Robinson Street - Stage I,
be accepted for the low tendered amount of $176,789.60; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimouslyf
No. 33 - MERRETT - CHEESMAN - RESOLVED that the unit prices submitted by the
Firestone Store, Niagara Falls, for 1984 Supply of Tires, Tubes and Repairs Ser-
vice - City Fleet, be accepted at the low tendered amount of $37,824.86; AND
the Seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 34 - CHEESMAN - HINSPERGER - RESOLVED that the Chief Administrative Officer
prepare a report on implementing the incentive program for non-union employees
who provide an outstanding contribution to the Municipality; AND the Seal of
the Corporation be hereto affixed.
~he motion Carried with Alderman Cummings voting contrary, and all others voting
in favour.
No. 35 - ~HEESMAN - HINSPERGER - RESOLVED that Council authorize the salary for
non-union and management employees to be increased by 5% effective January 1,
1984, subject to any adjustments that may be necessary as a result of the per-
formance evaluation program; and further, that the rate for the O.D.A. schedule
of fees be updated to the 1984 rate, effective July 1, 1984; AND the Seal of
the Corporation be hereto affixed.
1'ne motion Carried with Alderman Janvary abstaining from the vote on a conflict
of interest because a relative is involved in the O.D.A. Program; Alderman
Cummings voting contrary; and all others voting in favour.
BY.LAWS
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that
leave be granted to introduce the following by-laws and the by-laws be read a
first time:
No. 84-92 - Withdrawn.
No. 84-94 -'A by.law to authorize an agreement with Brian Priestman and Sheila
Priestman.
No. 84-95 - A by-law to authorize the execution of an agreement with Bobby/Green
Lawn Spray for broad leaf weed control and grub control.
No. 84-96 -
A by-law to authorize the execution of an agreement with Eugene
Carver carrying on business as Carvers Landscapin~ for grass cutting
and trimming of cemeteries.
No,, 84-97
A by-law to authorize the the execution of an agreement with Ernie
Demote & Son Limited for Road reconstruction and sanitary sewer re-
pairs.
No. 84-98 -
A by-law to close portions of Queen Street to vehicular traffic on
a temporary basis.
No. 84-99 - A by-law to close a portion of Park Street to vehicular traffic on a
temporary basis.
- 14 -
No. 84-100 - A by-law to authorize the acquisition of land for the widening of
Queen Street and for park purposes.
No. 84-101 - A by-law to authorize the approval of the expropriation of certain
lands for the widening of Queen Street and for park purposes.
No. 84-102 - A by-law to acquire certain lands for the widening of Queen Street
and for park purposes by expropriation.
No. 84-103 - A by-law to provide monies for general purposes.
The motion Carried with Aldermen Cummings and Hinsperger abstaining from the
vote on By-Jaw No. 84-103, on conflicts of interest previously recorded in Report
No. 195, and all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the following by-laws be now read a second and third time:
No. 84-92 -
No. 84-94 -
No. 84-95
No. 84-96 -
No. 84-97 -
No. 84-98 -
Withdrawn.
A by-law to authorize an agreement with Brian Priestman and Sheila
Priestman.
A by-law to authorize the execution of an agreement with Bobby/Green
Lawn Spray for broad leaf weed control and grub control.
A by-law to authorize the execution of an agreement with Eugene
Carver carrying on business as Carvers Landscaping for grass cut-
ting and trimming of cemeteries.
A by-law to authorize the execution of an agreement with Ernie Daraore
& Son Limited for road reconstruction and sanitary sewer repairs.
A by-law to close portions of Queen Street to vehicular traffic on a
temporary basis.
- 15 -
Celebrate pamphlet, the event to he held April 29th, 1984 from 2 to 4 p.m. This
program is to be held at the Niagara Falls Memorial A~ena, Council is invited'to
attend~ and further participation is anticipated.
It was moved by Alderman Hinsperger, seconded by Alderman Cummings, that
the meeting adjourn to Committee of the Whole. Carried Unanimously-
~YOR WILL~AM S. SMEATON
COMMITTEE 0 ECommittee Room ~1
April 16, 1984
Council met on Monday, April 16th, 1984 at 10:45 p.m. in Committee of the
Whole following a Regular Meeting. Ail members of Council were present with
the exception of Alderman Puttick. Alderman Somerville presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
READ AND ADOPTED,
PAUL J. BRENNAN, CITY CLERK
~R WILLIAMS. SMEATON
No. 84-99 - A by-law to close a portion of Park Street to vehicular traffic on a
temporary basis.
No. 84-100 - A by-law to authorize the acquisition of land for the widening of
Queen Street and for park purposes. ~
No. 84-101 - A by-law to authorize the approval of the expropriation of certain
lands for the widening of Queen Street and for park purposes.
No. 84-102 - A by-law to acquire certain lands for the widening of Queen Street
and for park purposes by expropriation.
No. 84-103 - A by-law to provide monies for general purposes.
The motion Carried wlth Aldermen Cummings and Hinsperger abstaining from the vote
on By-law No. 84-103, on conflicts of interest previously recorded, and all others
voting in favour.
NEW BUSINESS
BLOSSOM FESTIVAL - 25th ANNIVERSARY
Alderman Cummings referred to the handouts of hat, pin, and brochure with
respect to the 25th Anniversary of the Blossom Festival. He advised that the
Niagara Promotion Association had put forth a great deal of effort to promote
the event. ~
CIVIC COMMITTEE UPDATE
Alderman Janvary discussed the handout regarding the Bicentennial Sing &
COUNCIL MEETING
Council Chambers
April 16, 1984
Council reconvened in formal session on Monday, April 16th, 1984 following
a meeting in Committee of the Whole. All members of Council were present with
the exception of Alderman Puttick. His Worship Mayor ~meaton presided as
Chairman. ~
The mgeting adjourned.
SIXTEENTH MEETING
Committee Room #1
April 24, 1984
COMMITTEE OF THE WHOLE
Council met on Tuesday, April 24th, 1984 at 4:15 p.m. in Committee of
the Whole. All members of Council were present with the exception of
Aldermen Janvary, Puttick, and Somerville. Alderman Chessman presided as
Chairman.
Following consideration of the items presented the Committee of the
Whole arose without reporting.
fMAYOR WILLIAM 8. SMEATON
Council Chambers
April 24, 1984
Council met on Tuesday, April 24th, 1984 at 4:30 p.m. for the purpose
of ~onsidertng general business. Ail members of Council were present with
the exception of Aldermen Janvary, Puttick, aad Somerville..His Worship
Mayo~ ~emtonpresidtng..gs.C~airmau. Alderman Hinsperger offered the Opening
Prayer.
REPORTS
No. 201 - C~ef Administrative. 9~i9~r - Re: Request for Building Permit,
northeast corner of Yokum and McKenney Roads. The report recommends that
the request for a building permit be approved subject to an agreement being
entered into with the owner of lands covering the City's requiremengs prior
to the issuance of such building permit.
Following a brief discussion it was moved by Alderman
seconded by Alderman Orr~ that the report be received and adopted.
¢~rr~d.p~ani~ous~y.
Coville,
No. 202 - Chief Administrative Officer - Re: Site Plan Approval - Proposed
Nursing H~e ~ vai~ey Way"(South'~e, west limit of Valley Way). The
report recommends that the Council approve the site plan on display at
tonight's meeting, being a proposed nursing home, and landscape planting
plan being sheet number 1, site plan being ~heet number 823OA1 as revised
and the site plan being sheet number PD1 as tevised~ and filed with the
Buildings and. Inspections Department of the City of Niagara Falls on April
16th and April 24th, 1984 respectively, and that such approval be subject
to the conditions outlined in the report.
A discussion followed regarding the concern of residents in the area
with respect to the proposed nursing home, and the consideration given the
concerns discussed at a previous meeting of Council. It was agreed that
interested residents would be invited to view the site plan and con, neat
upon it.
ORDERED on the motion of Alderman Minsperger, seconded by Alderman Orr,
that the report be received and adopted. The motion Carried with the
following vote:
AYE: Aldermen Baker, Chessman, Coville, Hinsperger, Keighan, Kerrio,
Merrett, and Orr.
NAYE: Alderman Cummings.
No. 203 - Chief Adm$_nistrative Officer - Re: Site Plan Approval - Proposed
Medical Centre - Main Street (aorth side, west of Oliver Street). The
report recommends that the Council approve the site plan on display at
tonight's meeting, betn~ a p~oposed Medical Centre, and the site plan being
drawtns, number 101 dated April, 1984, and filed with the Buildings and
- 2-
Inspections Department of the City of Niagara Falls on April 19, 1984, and
that such approval be subject to the conditions contained in the report.
Mr. Brian P. Doherty, Asst. Manager of Main Street Food Market, was
present at the meeting and indicated his agreement with the report.
ORDERED
Merrett, that the report be received and adopted. ~arr~9~.pnanimpp~ly.
No. 204 - ~ef Administra~je. 9~ficer - Re: Municipal Accounts.
report recommends that the accounts totalling $1,344,411.57 for the
week period ending April 24th, 1984 be approved by the passing of the
law appearing later on the agenda.
on the motion of Alderman Hinsperger, seconded by Alderman
The
one
By-
Alderman Hlnsperger declared a conflict of interest on Cheque No.
24894 because he is employed by the company.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Kettle, that the report be received and adopted. The motion Carried with
Alderman Hinsperger abstaining on a conflict of interest previously
recorded, and all others voting in favour.
No. 205 - Chief. AdMinistra~$yg. Officer - Re: Award of Tender for Grass
Seed Mixture. The report recommends that the minutes of the Council
meeting held on April 16th, be revised to make it clear that Otto Pick &
Sons Seed Ltd. is the Iow tenderer for the supply of grass seed mixture.
ORDERED on the motion of Alderman Kerrto,. seconded by Alderman Hinsperger,
that the report be received and adopted. Carried. Up~imousl~.
No. 206 - Mayor Smeaton - Re: Provincial Liberal Task Force on Taxation.
The report advises of the Provincial Liberal Task Force on Taxation hearing
which is scheduled for April 25th, 1984 in Niagara Falls; attaches copies
of letters outlining concerns of taxpayers, reports to and actions of City
Council; and suggests that the increase in taxation to specific industries
arising as a result of the adoption of re-assessment, and any any other
matters of interest might be brought to the attention of the Task Force.
A discussion followed regarding the possibility of bringing to the
attention of the Task Force the question of criteria for assessability with
respect to Industrial, Commercial, and Tourism establishments. The Chief
· Administrative Officer referred to a synopsis of letters, concerns and
actions taken with respect to Market Value Based Assessmen~ in Niagara
Falls which was distributed, and would be presented to the Committee for
informational purposes.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Rinspergsr,
that the report be received and adopted, and further that the Task Force
Committee be asked to consider changing the criteria, for the assessment of
Industrial, Commercial and Tourist establishments. _Carried Uuanimousl~.
~B~ LAWS
ORDERED on the motion of Alderman Cheesman, seconded by Alderman
Hinaperger, that leave be granted to introduce the following by-law and the
by-law be read a first time:
~p?_B4-104 - A by-law to provide monies for general purposes.
The motion ~arried with Alderman Hinsperger abstaining from the vote on a
conflict of interest previously recorded in Report No. 204, and all others
voting in favour.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker,
that the following by-law be now read a second and third time:
~o,., 8~f~0~ - A by-law to provide monies for general purposes.
The motion _Carried with Alderman Hinsperger abstaining from the vote on a
conflict of interest previously recorded, and all others voting in favour.
-3-
NEW BUSINESS
O.W.M.C. OPEN HOUSE
Alderman Cummings discussed the O.W.M.C. Open House held recently in
Niagara Falls. He advised that Dr. Chant was not present, that the repre-
sentative from the O.W.M.C. was willing to listen but was unable to answer
enquiries and offered to take the questions back to the O.W.M.C. for
replies. Alderman Cummings referred to a map showing the industrial waste
generated in the Golden Horseshoe, which had given misleading information
with regard to the Niagara Falls area.
MA,RKE~, VALUE,,,BASED , ASSESSMENT,
Alderman Cummings referred to his concern regarding the possibility of
local businesses making a decision to relocate in another municipality be-
cause of the cost increase resulting from re-assessment.
During the discussion an indication was received that Mr. John Holer
of Marineland would be approaching Council at its meeting scheduled for
April 30th, 1984 with a view to resolving the problem of increased
taxation.
His Worship Mayor Smeaton offered to contact Mr. Holer and arrange a
meeting to discuss matters of mutual concern and the methodology of assess-
ment.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that Mr. Holer be contacted and a meeting arranged between Mayor Smeaton,
Mr. Holer, and the appropriate Staff, for a discussion of matters of mutual
concern and the methodology of assessment. ~arr~ed Unanimoupl~.
It was moved by Alderman Merrett, seconded by Alderman Cheesman, that
the meeting be adjourned. Car~ied. Un~Dimo~sl~..
READ~4f~PTED,
....
fOR WILLL~ S. SMEATON
SEVENTEENTH MEETING
Committee Room #1
April 30, 1984
COMMITTEE OF THE WHOLE
Council met on Monday, April 30th, 1984 at 7:00 p.m. in Committee of
the Whole. All members of Council were present with the exception of
Alderman Orr. Alderman Cummings presided as Chairman.
Following consideration of the items presented the Committee of the
Whole arose without reporting.
READ
CITY CLERK
REGULAR MEETING
Council Chambers
April 30, 1984
Council met on Monday, April 30th, 1984 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman Orr. His Worship Mayor 8meaton presided as Chairman.
Alderman Keighan offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Janvary requested that the minutes of the Council meeting held
April 16th, be amended, under Report No. 623(1983), to include her name in
the vote under AYE and delete Alderman Hinsperger's name in that position
since he abstained from the vote on a conflict of interest.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary,
that the amended minutes of April 16th, 1984, and the minutes of the meeting
held April 24th, 1984 be adopted as printed. Carried Unanimously.
DEPUTATIONS
MA_..RINELAND GAME FARM - MR. A. SHEPPARD
This item was withdrawn from the Agenda at the request of Mr. Archie
8heppard, Solicitor from Morineland Game Farm.
MARKET VALUE ASSESSMENT - MR. RALPH POWELL
This item was withdrawn from the Agenda at the request of Mr. Ralph
Powell, of Washington Mills.
PROPOSED MEDICAL CENTRE ~ DR. V. VASIC
Dr. Vladamir Vasic referred to his Application for Zoning Amendment,
AM-19/82, for a rezoning of lands located on the west side of Portage Road
between Prospect Street and Britannia Crescent which had been considered at
the meeting of City Council held on April 9th, 1984. He advised that members
of the medical profession had not been successful in obtaining office space
at the Professional Building on the corner of Portage Road and Kttchener Street
because there were no vacancies. Dr. ~asic further advised that he had re-
calved a letter from the Greater Niagara General Hospital with the information
that parking would be permitted in the hospital parking grounds. He stated
that doctors were allowed to park in front of the hospital but that office
staff from his proposed clinic would park behind the hospital. Dr. Vasic
further stated that he was in the process of buying additional land on Portage
Road to provide additional parking apace. He further advised that if Council
did not approve his application, he had other "avenues to explore".
A discussion followed regarding the provision of additional parking space
for the staff of the proposed clinic. Alderman Puttick stated that he had
been in contact with Mr. W. Payne, Vice-President of the G.N.G.H., who had pro-
vided the information that permission for parking in the hospital parking lot
was permitted for Dr. Vasic, but would not be granted for staff parking from
the clinic, and further, that nearby hydro land had been suggested as alternate
parking space.
His Worship Mayor Smeaton reviewed the communication from the City Clerk
to Dr. Vasic dated April 10th, 1984 which referred to the decision of Council
at its meeting on April 9th, 1984, to table the matter for further informa-
tion from the applicant with regard to expanded parking, and when this infor-
mation was available, Dr. Yasic should contact the Traffic and Construction
Engineer. It was generally agreed that Dr. Vasic should work with staff to
secure documentation for consideration at a future Council meeting.
His Worship Mayor Smeaton received no response to his request for comments
from interested people present.
REPORTS
No. 207 - Chief Administrative Officer - Re: Lot 23, Registered Plan M-67.
The report recommends that Council authorize the sale of Lot 23, Registered
Plan M-67, to J. R. Boyce as agent for a company to be incorporated or a
person to be named, at the purchase price of $18,800. subject to the condi-
tions outlined in the report. The aforementioned report was distributed as
an amended report. The Chief Administrative Officer stated that a report
would be distributed immediately to the business in the subject area with a
request that any questions should be received by Staff within the week, and
would allow Mr. Eon Cowan of Peninsula Alloy Inc., the opportunity to submit
his proposal. He explained that for the purpose of zoning, the industry is
classed as a manufacturing process which is permitted providing the process
does not emit dangerous, obnoxious or offensive substances as included in
the report. It was pointed out that the approval of the Ministry of the
Environment would be necessary prior to the industry receiving a licence to
operate.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
CO~4UNICATIONS ;
No. 15~ - Multiculture Niagara - Re: Opening of Multiculture Niagara Festival.
The communication advises that the planned opening of the Festival is slated
for June 9th, 1984, and requests the permission of Council to hold the open-
ing ceremony including bands, choir, coffee and doughnuts, at Centennial Square
City Hall.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hinaperger, that
the request be approved subject to discussions between Staff and Multtculture
Niagara regarding requirements. Carried Unanimously.
No. 157 - C.U.__P.E___~. - Re: "Registered Nursing Assistants Day" - May 12th, 1984.
The communication requests that City Council proclaim May 12th, 1984, as
Registered Nursing Assistants Day.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that
the request be approved subject to established policy. Carried Unantmousl .
No. 158(a)~1 Munici alit of Nia ara - Re: 1984 Regional Tax Levy.
The com~unication ~ttaches a copy of By-law 3593-84, a Dy-law to Levy A~ainst
the Area Municipalities for the Sums of Money Required During the year 1984
for the General Purposes of the Regional Corporation.
No. 158(b)Re I hal Munict alit of Nia ara - Re: 1984 Tax Levy. The
communication encloses schedules to be attached to Regional By-law 3593-84.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Rinsperger,
that the communications be received and filed. Carried Unanimous1 .
No. 1~.9 - Regional Munici alit of Niagara - Re: Methods of Affordable
Housing. The communication attaches a copy of DPD 1732 outlining methods
of providing affordable ownership housing.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Covllle,
that the communication be received and filed. It was further recommended
that a copy of the communication be forwarded to the Social Planning Council.
Carried Unanimously.
No. 160 - Niagara Falls Familz Y.M.C.A.- Re: Blossom Festival SLo-Pitch
Tournament, May 18 to 21, 1984, at Palmer Park. The communication requests a
Special Occasion Permit for the event.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Keighan,
that the request of The Niagara Falls Family Y.M.C.A. for a special occasion
permit for the Blossom Festival Sic-Pitch Tournament to be held on May 18, 19,
20, and 21, 1984, to be held at C.W. Palmer Park, Niagara Falls, be approved,
subject to the approval of the Regional Police Department, the Niagara Falls
Fire Department, the Niagara District Health Unit, and the Liquor Licensing
Board of Ontario. Carried Unanimously.
REPORTS
No. 208 - Recreation Commission - Re: Community Resources Centre Policy Manual.
The report recommends that the attached revised Policy Manual for the operation
of the Community Resources Centre he accepted and apprQved by City Council,
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that the
report be,received and adopted. Carried U~
No. 209 - R~creation Commission - Re: Appointments to the Community Resources
Centre Management Committee. The report recommends that the following people
be appointed to the Community Resources Management Committee for a period of
one year:
- John Prentice, representing the tenants;
- Renate Martin, representing the tenants;
- Brian Watkinson, representing the Social Planning Council.
The report further recommends that three people be appointed from the
community at large and suggests Messrs. Hap Hague, Cecil Amadio and Norm Tubbe.
The report further requests the appointment of two members of Council to
the Committee.
During the discussion concerning the matter, Alderman Hinsperger and
Alderman Keigha~ volunteered to act on ~he Committee.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Kerrio~ that
~he report be received and adopted. Carried~nanimously.
No. 210 .- Recreation Commission - Re: 1984 Schedules for City Parks/Athletic
Fields/School'Board Grounds.~--~e report recommends that the attached schedules
for special events and the regular scheduling of parks, athletic fields, and
school grounds be approved by City Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that
the report be received and adopted. Carried Unanimousl .
No. 211 - Chief Administrative Officer - Re: Signs Prohibiting Activities on
City Parks.*---'~e report recommends that Council approve the by-law to amend
By-law No. 71-57, appearing on this evening's Council agenda. A discussion
followed with respect to the activities taking place in the Parks prior to
May 1st, and the detrimental effect on the grounds.
ORDERED on the motion of Alderman Coville, seconded by Alderman Somerville,
that the report be received and adopted. It was further recommended that
a communication be forwarded to the groups involved to provide information
regarding the regulations with respect to activities in the parks.
Carried Unanimousl .
See B -law No. 84-109.
4
No. 212 - Chief Administrative Officer - Re: Contract R.C. 8/84 - Finished
Road Construction in Mount Forest II Subdivision and Dorchester Village Sub-
division. The report recommends that the unit prices submitted by the low
tenderer, Hard Rock Paving Company Ltd., be accepted by Council.
ORDERED om the motion of Alderman Kerrio, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried U~
See Resolution No. 36.
See B~-law No. 84-107.
No. 213 - Chief Administrative Officer - Re: Cost Sharing of Works in front
of Orchard Park Public School, Dorchester Road. The report recommends that
the City contribution towards the cost of the works that were carried out by
the Regional Municipality of Niagara in the amount of $6,000.00 be obtained
from the reserve fund made up of charges for sewers and watermains (By-law
73 -267 ).
ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that
the report be received and adopted. Carried Unanimousl .
No. 214 - Chief Administrative Officer - Re: 1984 Tender for Mowing of Private
Lots and for Chemical Weed Control. The report reco~nends the following:
1) That the tender submitted by Adrian Van Der Weyden for the mowing of
private lots be accepted;
2) That the tender submitted by The Weed Man for chemical weed control be
accepted.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimousl .
See Resolution No. 37.
No. 215 - Chief Administrative Officer - Re: Protective Clothing for
Municipal Employees - 1984. The report recommends that the low tender of
J. P. Hammil & Son be accepted for shirts and pants at a total price of $18.56
per set and coveralls at $17.50 per pair. It is also recommended that the
tender for shop coats be awarded to Muller Dry Goods at $14.62.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Kerrio,
that the report be received and adopted. Carried Una~
See Resolution ~
No. 216 - Chief Administrative Office~ ~ Re: Fire Department Uniform Tender -
1984. The report reco~anends that the low tender in each case be accepted by
Council as follows:
1) Complete Uniforms - Firth Bros. Limited;
2) Perma Press Trousers - Muller Dry Goods;
3) Shirts - Sainthill L~vine Uniforms;
4) Parkas - John Marshall.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville,
that the report be received and adopted. Carried Unanimousl .
See Resolution No. 39~
No. 217 - Finance Committee ~ Re: Finance Committee Reports, The r.eport
recommends the following:
1) 1983/84 Commercial Area Improvement Programme (C.A.I,P,) -
That report PD/26/84 and its recommendations regarding the 1983/84 C,A,I.
Programme be endorsed by the Finance Committee and placed on the Council
agenda for April 30, 1984 for consideration;
2) Policy for aequests for Souvenirs -
That the recommendations contained herein be established as a policy for
prgviding souvenirs of the Clty.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cheesman,
that the report be received and adopted, The motion Carrie__d with the following
vote:
-5 -
AYE: Aldermen Baker, Cheesman, Cummings, Hinsperger, Janvary, Keighan, Merrett,
Puttick, and Somerville.
NAYE: Aldermen Coville, and Kerrio.
No. 218 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $145,941.55 for the one week period
ending April 30th, 1984 be approved by the passing of the By-law aopearing
later on the agenda.
Alderman Cummings declared a conflict of interest on Cheque No. 00028
hecause a member of his family is involved.
Alderman Hinsperger declared a conflict of interest on Cheque No. 00025
because he is employed by the company.
Alderman Cheesman declared a conflict of interest on Cheque No. 00056
because a relative is employed with the organization.
Additional information was provided on Cheques No. 00071 and 00072.
ORDERED on the motion of Alderman Coville, seconded by Alderman Somerville,
that the report be received and adopted. The motion Carried with Aldermen
Cummings, Hinsperger, and Cheesman abstaining from the vote on Cheques No.
00028, 00025, and 00056 consecutively, on conflicts of interest previously
recorded, and all others voting in favour.
No. 219 - Chief Administrative Officer - Re: Lease to Niagara Falls Lions
Club of Recreation Complex on Drummond Road, and Sublease to The Regional
Municipality of Niagara of Dr. Fingland Day Care Centre. The report recommends
that Council pass the following by-laws:
1) A by-law to authorize a lease to Lions Club of Niagara Falls, (Ontario)
Canada;
2) A by-law to authorize a sublease from Lions Club of Niagara Falls,
(Ontario) Canada to The Regional Municipality of Niagara.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
See By-Law No. 84-105~ and
~4-106.
No. 220 ~ Chief Ajministrative Officer - Re: Vacancy on Museum Board. The
report recommends that Council consider filling the vacancy on the Museum
Board created by the resignation of Alderman Tom Somerville. A brief dis-
cussion followed with respect to the representation of Council members on
Committees. Alderman Baker volunteered to continue representing Council on
the Museum Board, and Alderman Puttick offered to act as an alternate.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville,
that the report be received and Alderman Baker be authorized to serve on
the Museum Board, with Alderman Puttick as an alternate.
Carried Unanimousl ·
No. 221 - Mayor Smeaton - Re: Market Value Based Assessment. The report
reviews recent actions regarding the subject, and requests the approval of
Council for His Worship Mayor Smeaton to meet with the Honourable Bud Gregory,
Minister of Revenue, to discuss any remedial measures Council may have, and
the concerns conveyed to the Liberal Task Force. A brief discussion followed
during which it was agreed that the Mr. V. Kerrio, M.P.P., the Chief
Administrative Officer, and the City Treasurer should accompany Mayor Emeaton.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that
the report be received and adopted. It was further recommendedthat Mr. V.
Kerrio, M.P.P., the Chief Administrative Officer, and City Treasurer should
accompany His Worship Mayor 8meaton to his meeting with the Minister of Revenue,
Carried Unanimousl .
No, 222 - Chief Administrative Officer - Re: Advertisement - Sin-Pitch
Souvenir p~ds that the City approve a one-half page
· advertisement in the souvenir program for the forthcoming N,H,L, Sin-Pitch
Tournament at a cost not to-exceed $450,
- 7-
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hinsperger, that the report be received and adopted. Carried Unanimously.
No. 223 - Chief Administrative Officer - Re: 1984 Tender for Supply and
Application of Traffic Marking Paint. The report reco~m~ends that the tender
of Modern White Lines Ltd. in the amount of $12,686.35 for the Supply and
Application of Traffic Marking Paint be accepted. The Chief Administrative
Officer advised that because of difficulties experienced in 1983, the low
tender was not recommended for approval.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimousl .
See Resolution No. 40.
No. 224 - ~ Works Committee - Re: Niagara Classic Bicycle Races.
The report recommends that approval be granted to the St. Catharines Cycling
Club to hold bicycle races in Niagara Falls as part of the Niagara Classic
(formerly Five Stages of Niagara}, with an upset limit of $5,000. established
for the City's costs, and subject to the conditions in the report to the
Muaicipal Works Committee.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Kerrio,
that the report be received and adopted. The motios Carried with the
following vote:
AYE: Aldermen Cheesman, Coville, Cuam]ings, Hinsperger, Janvary, F~rr,to~ Msr~ett
and Puttick.
NAYE: Aldermen Baker, Keighan, and Somerville.
RESOLUTIONS
No. 36 - KERRIO - HINSPERGER - RESOLVED that the unit prices submitted by
Hard Rock Paving Company Ltd., for Contract R.C. 8/84 - finished road construc-
tion in Mount Forest II Subdivision and Dorchester Village Subdivision, be
accepted for the iow tendered amount of $88,567.30; ;~ND the Seal of the
Corporation be hereto affixed.
Carried Unanimousl .
No. 37 - CUMMINGS - HINSPERGER - RESOLVED that the unit prices for the
following be accepted:
i) Adrian Van Der Weyden - ~
for the Mowing of Private Lots as per attached schedule;
2} The Weed Man -
for Chemical Weed Control as per attached schedule.
: AND the Seal of the Corporation be hereto affixed.
Carried Unanimousl .
No. 38 - NINSPERGER - KERRI____qO - RESOLVED that the unit prices submitted by the
following, be accepted:
1) 3. P. Hammtl & Son -
for shirts and pants at a total price of: $ 18.56 per sst
for coveralls: 17.50 per pair
2) Muller Dry Goods -
for shop coats: $ 14.62
: AND the Seal of the Corporation he hereto affixed.
Carried Unant~
No. 39 - CUMMINGS - COVILLE - RESOLVED that the unit prices submitted by the
Iow tenderer be accepted as follows:
1) Firth ~ros. Limited - for complete Uniforms: $ 8,388.80
2) Muller Dry Goods - for Perma Press Trousers: 2,196.44
3) Satnthill Levtne Uniforms - for Shirts: 5,391.20
4) John Marshall - for Parkas: 2,127.16
AND the Seal of the Corporation be hereto affixed.
Carried Unanimous! .
No. 40 - CUM~MINGS - HINSPERGER - RESOLVED that the unit prices submitted by
Modern White Lines Ltd. for the supply and application of Traffic Marking
Paint, be accepted for the total amount of $12,686.35; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Kerrio,
that leave be granted to introduce the following by-laws and the by-laws be
read a first time:
No. 84-105 - A by-law to authorize a lease to Lions Club of Niagara Falls,
(Ontario) Canada.
No. 84-106 - A by-law to authorize a sublease from Lions Club of Niagara Falls,
(Ontario) Canada to The Regional Municipality of Niagara.
No. 84-107 - A by-law to authorize the execution of an agreement with Hard-Rock
Paving Company Limited for finished road construction.
No. 84-108 - A by-law to authorize a renewal of the lease of the old City Hall.
No. 84-109 - A by-law to amend By-law No. 71-57, as amended respecting land
used for park purposes.
No. 84-110 - A by-law to provide monies for general purposes.
The motion Carried with Aldermen Cheesman, Cummings and Hinsperger abstaining
from the vote on By-law No. 84-110, on conflicts of interest previously re-
corded in Report No. 218, and all others voting in favour.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that
the following by-laws be now read a second and third time:
No. 84-10~5 - A by-law to authorize a lease to Lions Club of Niagara Falls~
(Ontario) Canada.
No. 84-10~6 - A by-law to authorize a sublease from Lions Club of Niagara Falls,
(Ontario) Canada to The regional Municipality of Niagara.
No. 84-107 - A by-law to authorize the execution of an agreement with Hard-Rock
Paving Company Limited for finished road construction.
No. 84-108 - A by-law to authorize a renewal of the lease of the old City Hall.
No. 84-109. - A by-law to amend By-law No. 71-57, as ,amended respecting land
used for park purposes.
No. 84-110 - A by-law to provide monies for general purposes.
The motion Carried with Aldermen Cheesman, Cummings, and Hinsperger abstaining
from the vote on By-law No. 84-110, on conflicts of interest previously re-
corded, and all others voting in favour.
NEW BUSINESS
ENGLISH RI~GHTS IN QUEBEC
Alderman Cheesman initiated a discussion with respect to the current lack
of rights of English speaking Canadians living in the Province of Quebec, and
expressed great concern regarding this matter.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Puttick that
a resolution be forwarded to the leaders of the three Federal political parties
expressing the concern of Council regarding the lack of rights of the English
.speaking Canadians in the Province of Quebec, and requesting that the matter be
addressed. Carried Unanimous! .
-8 -
BICENTENNIAL SING & CELEBRATE
Alderman Puttick referred to the comments of a group of Americans who had
attendeR, the Bicentennial Sing & Celebrate event which had been held at the
Niagara Falls Memorial Arena on Sunday, April 29th, 1984. The Americans had
expressed the opinion that this had been a '~agnificent event".
Alderman Janvary and her Committee were commended for an excellent effort
in making the event a successful one.
It was moved by Alderman Puttick, seconded by Alderman Merrett~ that the
meeting adjourn to Committee of the Whole. Carried Unanimously.
COMMITTEE OF THE L
Committee Room #1
April 30, 1984
Council met on Monday, April 30th, 1984 at 8:30 p.m. in Committee of the
Whole following a Regular Meeting. Ail members of Council were present with
the exception of Alderman Orr. Alderman Cummings presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
RTTED'
/~f~. 'B]IENNAN, CITY CLERK
F~'MAYOR WIL~%~M S. SMEATON
~OUNCIL MEETING
Council Chambers
April 30, 1984-
Council reconvened tn formal session on Monday, April 30th, 1984 following
a meeting in Committee of the Whole. Ail members of Council were present with
the exception of Alderman Orr. His Worship Mayor Smeaton presided as Chairman.
The meeting adjourned.
READ AND ADOPTED,
EIGHTEENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
May 7, 1984
Council met on Monday, May 7th, 1984 at 7:15 p.m. in Committee of the
Whole. Ail members of Council were present with the exception of Aldermen
Keighan, Orr, and Merrett. Alderman Hinsperger presided as Chairman.
Following consideration of the items presented the Committee of the
Whole arose without reporting.
READ AND ADO~P. TED, /'~
REGULAR MEETING .
Council Chambers
May 7, 1984
Council met on Monday, May 7th, 1984 at 7:30 p.m. for the purpose of
considering general business. Ail members of Council were present with the
exception of Aldermen Keighan, Merrett, and Orr. His Worship Mayor Smeaton
presided as Chairman. Alderman Baker offered the Opening Prpyer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hinsperger, that the minutes of the meeting held April 30th, 1984, be
adopted as printed. Carried Unanimously. '
DEPUTATIONS
MARKET VALUE ASSESSMENT - HUNGARIAN HALL
Mr. Alec Tanos, President of the Hungarian Ha~ reviewed the historical
background of the Hungarian Hall, the decreased membership, attempts to raise
funds by rental of the Hall to groups which hold late night events, and com-
plaints received from residents of an Adjacent trailer park regarding these
activities." He discussed ~n attempt to sell 14 acres of landlocked property
at the 'rear of the Hall to the owner of the trailer parR,'in an attempt to
resolve fin~ncial difficulties, with the appr~Pal of the Land Division
Committee. He stated that the City had not approved the sale because of the
zoning classification of the la,d as residential rather than industrial. Mr.
Tanos discussed the City's denial of a licence to hold Flea Markets on Sundays
because of the zoning classification.
Mi. Tanos referred to an appraisal of the subject property by David D.
McMillan Ltd. on February 26, 1980, which indicated that the property value of
the 14 acres was $23,000. He advised that the Assessment Notice recently re-
ceived placed the value Of the land at $134,000., plus $216,000. for the 3/4
acre containing the Hall, for a total of $350,000. In reply to questions
raised Mr. Tanos stated that an Assessment Appeal had not been made because the
Secretary had not calculated the dollar value and recognized the tremendous
increase. He further stated that he had attended the'Assessment Department's
Open. House.
A discussion was'held regarding the deadline for the appeal period of
March 7th, 1984, and the possibility of a by-law being passed by the City under
Section 363 of the Municipal Act'whereby an appeal might be made to the
Municipality for taxes which were "unduly burdensome".
-2-
During the discussion Alderman Baker requested that a report be prepared
for Council respecting the action taken with respect to the unsuccessful
application by the Hungarian Hall for severance of land.
His Worship Mayor Smeaton discussed the meeting held in the office of
the Minister of Revenue last week which was attended by Honourable Bud Gregory,
his Deputy and two assistants, Mr. V. Kerrio, M.P.P., Mayor Smeaton~ the Chief
Administrative Officer, and Deputy City Treasurer.
Mayor 8meaton advised that a full discussion had been held regarding the
presentations to City Council and concerns expressed by Marineland & Game Farm,
Oneida Canada Ltd., Niagara Block Co. Ltd., Washington Mills Ltd., and others,
as well as the specific concerns of the Municipality. He advised that the
Minister of Revenue did not commit himself to anything other than a "complete
personal review" of the concerns and documentation over the past 3 years.
Mayor Smeaton further advised that the Minister of Revenue stated that he would
be in touch with Municipality, although a time frame had not been specified.
UNFINISHED BUSINESS
ONTARIO WASTE MANAGEMENT CANDIDATE SITES - AND - REPORTS OF
O.W.M.C. STEERING COMMITTEE
Report No. 225 - O.W.M.C. Steertn5 Committee - Re: Ontario Waste Management
Candidate Sites - Community Awareness and Research Project. The report
recommends the following:
1) That Council approve the expenditure of an amount not exceeding $12,000.
to carry out a Community Awareness and Research Project during the months
of June, July and August, to both provide information to the general'public
and to receive input on the proposed Ontario Waste Management Candidate
Sites situated in this municipality.
2) That Staff be authorized under the general direction of the City's O.W.M.C.
Steering Committee to interview and select suitable Staff for this summer
project.
Alderman Cheesman declared a conflict of interest on recommendation number
one since his son may be an applicant for the position.
Regional Councillor Peter Sobol emphasized that the proposed action was
just "one thrust". He discussed the hiring of competent researchers to answer
questions of concern, research, and act as translators. Councillor Sobol
expressed the view that this was an "extremely worthwhile" project. He stated
that the letter from the City to the Region had been referred to the Planning
and Public Works Departments, and would be given consideration at the Regional
Council meeting this week. Councillor Sobol discussed the assistance available
from the Region in terms of information gathered by the E.E.A.C. Committee, and
the need for further research into environmental aspects. Council was advised
that the studies should be finalized within a few weeks and. a decision made on
the findings.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Covifle,
that the report be received and adopted. The motion Carried with Alderman
Chessman abstaining from the vote on recommendation number one on a conflict
of interest previously recorded, and all others voting in favour.
Report No. 226 - Ontario Waste Management Candidate Sites - Engaging' of
Consulting Services. The report recommends that the City retain the services
of Mr. M. McQuald, Q.G., of the law firm of Weir & Foulds to act on its behalf
in respect to the Ontario Waste Management Corporation proposal to locate a
waste industrial facility in the City of Niagara Falls. A discussion followed
regarding the b§ckground information in the report and particularly with
respect to funding assistance from the Province.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinaperger,
that the report be received and adopted. ~Fried Unanimousl~.
3
COMMUNICATIONS
No. 161 Regional Niagara ..... '--"' aA. u.~ ~ R~wmgo Flows bv
Municipality - Monthly Report for March 1984. The communication attaches
report DEP-2042 regarding the above mentioned for the information of Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville,
that the communication be received and filed. Carried Unanimously.
No. 162 - Joe Rotundo - Re: Street sign. The communication expresses objection
to a street sign which was recently placed in front of the home of 3ne Rotundo
at 7128 York Drive~ discusses the~ name of York Drive being changed to three
sections, Dridle, York and Sunset Streets; ' and opposes the street name change
and the installation of the sign.
Fa'. Rotundo attended the Council meeting and discussed the objections
referred to in the communication. He was advised that the changes had been
made on the recommendation of the Street Name Committee at the request of
residents.
ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that
the matter be reviewed by the Chief Administrative Officer, with Mr. Rotundo
and other residents being informed of the scheduled date for discussion.
Carried Unanimously.
No. 163 - Multiculture Niagara Centre Inc. - Re: Multiculture Niagara Festival -
June 9th~ 1984. The communication requests permission to use the Niagara Falls
Memorial Arena for the Festival, and requests a Special Occasion Permit. Mrs.
Hughes, President of Multiculture Niagaral discussed the information contained
in the communication and the revised 1984 Budget of the group which had been
presented to the Finance Committee for approval, and stated that the rental
expense for the Arena had been included in the proposed budget. It was noted
that Eulticulture Niagara could be billed for the use of the Arena subsequent
to approval of the budget.
ORDERED on the motion of Alderman Baker, seconded by Alderman Chessman, that
the request of Multiculture Niagara Centre Inc. for a special occasion permit
for the Multiculture Niagara Festival to be held On June 9th, 1984, at the
Niagara Falls Memorial Arena, be approved, subject to the approval of the
Regional Police Department, the Niagara Palls Fire Department, the Niagara
District Health Unit, and the Liquor Licensing Board of Ontario. It was
further recommended that the request for the use of the Arena be 8ranted.
Carried Unanimously.
Mrs. Hughes invited members of Council to attend Multiculture Niagara Medis
night at the Blue Line Room, Niagara Falls Memorial Arena on May 15th, 1984,
from 4:00 p.m. to 8:00 p.m.
-No. 164 - Joanne Warren - Re: Duffin Construction. The communication referred
to the reconstructi~n of Marrison Street by W. Duffin Contracting Ltd., and the
abuse of City by-laws; the complaints to the City regarding Duffin trucks using
Maple and Huro~ Streets; damage to plastered walls, and a broken watermain;
the installation of "No Truck" signs on Maple, Huron and Elm Streets which were
not adhered to; and the difficulty experienced by the Police Department regard-
ing enforcement. Mrs. Warren referred to the remarks in her communication, and
the difficulty in driving along Huron Street at night because of the number of
fully loaded trucks which park on the street overnight in spite of the signs
specifying no parking for trucks. She further advised that trucks were still
using Maple Street. Mrs. Warren referred to previous contacts with City Staff
with respect to the problem, and that this had not been resolved since trucks
had continued to use the Street until construction on Morrison Street had
ceased.
The Ghief Administrative Officer indicated that there is a Gity by-law
restricting overnight parking on the streets; that he was not aware of the
.damaged watermains referred to by Mrs. Warren; and advised that the concerns
would be/investi~ated and a report forwarded to Council on the matters.
Mrs. Pauline Moore, 5395 Huron Street, confirmed the information given by
Mrs. Warren, and advised that truck drivers had been contacted by the Police
but had continued to use Huron Street, and trucksar~ parking overnight and om
-4 -
weekends on the street.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that
the Chief Administrative Officer investigate the matter of trucks using Maple
and Huron Streets~ parking on the Street overnight~ and Police enforcement of
the by-laws respecting these infractions. It was further recommended that
the attitude of workers for W. Duffin Contracting Ltd. be investigated, and
a report be forwarded to Council. Carried Unanimously.
No. 165 - Provincial Secretary for Social Development - Re: "Senior Citizens'
Month" - June 1984. The communication discusses the events planned for the
month of June 1984 to celebrate Senior Citizens' Month, attaches a promotional
poster, and requests information concerning planned celebrations in the
municipality. Alderman Janvary advised that funding for the proclamation
would be through the Civic Cormmtttee.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that
the communication be received and the Proclamation approved.
Carried Unanimously.
No. 166 - Minister of State - Re: "National Physical Activity Week" -
May 13 to 21, 1984. The communication discusses the nine day celebration of
physical activity week and requests a Proclamation from May 13th to 21st.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that
the communication be received and the request approved subject to established
policy. Carried Unanimously.
No. 167 - Niagara District Airport Commission - Re: Vested interest policy
in hangars and buildings. The communication requests the municipality to
forward a letter of support to the Minister of Transport regarding the above
mentioned. Daring the discussion that followed Alderman Baker explained the
circumstances regarding the expiration of the long term lease when all the
appurtenances would revert to the Crown. ' His Worship Mayor Smeaton suggested
that a legal opinion should be received together with a draft statement of
the concerns outlined in the communication for the approval of Council.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that
the communication be referred to the Solicitor for a report.
Carried Unanimously.
REPORTS
No. 226 - Chief Administrative Officer - Re: Cash-in-Lieu Agreement between
The Corporation of the City of Niagara Falls and Welland Securities (1964)
Limited, 4848 Clifton Hill. The report recommends that Council pass the by-
law which will be presented at the next Council meeting authorizing the cash-
in-lieu agreement with Welland Securities (1964) Limited.
ORDERED on the motion of Alderman Cummtngs~ seconded by Alderman Hinaperger!
that the report be received and adopted. 'C~ried Unanimously.
No. 227 - Chief Administrative Officer ~ Re: Addition to garase and storage
space, 378~' Stnnicks Avenue. The report recommends that the information
contained therein be received and filed.
ORDERED on the motion of Alderman Kerrto, seconded by Alderman Hinsperger,
that the report be received and. adopted. Carried Unanimously.
No. 228 - M~ptcipal Works Committee - Re: Municipal Works Committee Reports.
The report recommends the following:
1) Cost Sharing on Niagara Parks Commission's Rapidsview Parking -Dot Storm
- that the Municipal Works Committee's recommendations be adopted on the
attached report concerning cost sharing on Niagara Parks Commission's
Rapldsview parking lot storm sewer system;
2) Water and ~ewer Service to the Chippawa Lions Club House -
- that the City contribute the cost of installing sewer and water services
.to the Chippawa Lions Club House.
Alderman Hinsperger declared a conflict of interest on the first, recom-
mendation because his son works for the Co~uaission; and on the second recom-
mendation because he is a member of the Lions Club.
· 5
-5 -
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coville,
that the report be received and adopted. The motion Carried with Alderman
Hinsperger abstaining from the vote on conflicts of i~terest previously re-
corded, and all others voting in favour.
No. 229 - Chief Administrative Officer - Re: Garbage Collection Service -
Marineland. The report recommends the following:
1) That this report be received and filed for information; and
2) That Staff report further at a later date with respect to charges to be
levied against Marineland for garbage collection service.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville,
that the report be received and adopted, and further, that a copy of the
report be forwarded to Marineland. Carried Unanimously-
No. 230 - Finance Committee - Re: 1984 Water Budget & Water Rates.
report recommends the following:
1) Adopt the Water Budget attached to this report;
2) Endorse the water rate increase of 7% to be effective June 1, 1984 and
pass the amending by-law appearing on this evening's agenda to give
effect to this increase.
ORDERED on the motion of Alderman Coville, seconded by Alderman Chee~man,
that the repo~t be received and adopted. Carried Unanimously.
See By-law No. 84-118.
No. 231 - Finance Committee - Re: Finance Committee Reports. The report
recommends the following:
1) Lights at Kef Park -
- Endorse in principle the lighting of Kef Park diamond fA2 with
consideration to be given to this project in 1985 on a shared cost
basis.
2) Chippawa Business Association -
- Approve the payment of $781.95 to th~ Chippawa Business Association
to assist the Association with the cost of'work done in Cummington
Square regarding the "Festival of Lights".
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hinsperger,
that the report be adopted. Carried Unanimously.
No. 232 - Finance Committee - Re: 1984 Conferences and Conventions. The
report recommends that' ~he Council approve representation at the 1984 conferences
and conventions outlined in the attached summary as revised at a cost not
exceeding $15,700., subject to any revisions a~ceptable to the Chief Admin-
istrative Officer which can be accommodated within the approved amount.
A discussion ensued regarding the Ontario Arenas Association Conference
to he held in Brockville. Alderman Puttick pdinted out the beneficial
effect of attending this conference and the possibility of a future
conference for the Association being held in Niagara Falls.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cheesman,
that the report be amended to include $400. for the Ontario Arenas Associa-
tion Conference in Brockville, and further that the amended report be received
and adopted. The motion Carried with the following vote:
AYE: Aldermen Baker, Chessman, Gorilla, Hinsperger~ Janvary, Kerrio, Putttck,
and Somerville.
NAYE: Alderman Cummings.
NO. 233 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the aocounts totalling $274,372.80 for the one week period
ending May 7th, 1984, he approved by the passing of the By-law appearing
later on the agenda,
-6-
Alderman Cummings declared a conflict of ~.~,~o~ on ~hv.~ ..... w^.-v n0!]q. --
because a relative is involved.
Alderman Hinsperger declared a conflict of interest on Cheque No. 00104
because he is employed by the company.
Additional information was provided for Cheques No. 00079, and 00127,
and a report was requested on Cheque No. 00082.
ORDERED on the motion of Alderman Somerville, seconded by Alderman Kerrio,
that the report be received and adopted. The motion Carried with Aldermen
Cummings and Hinsperger abstaining from the vote on Cheques No. 00113 and
00104 consecutively, on conflicts of interest previously recorded, and all
others voting in favour.
No. 234 - Chief Administrative Officer - Re: Proposed Closing and Sale of
Walkway 13(2') from Pheasant Lane to Ontario Hydro Lands. The report recommends
that Council take the following action with respect to the proposed closing of
the public walkway between Pheasant Lane and Ontario Hydro lands:
1) Pass the by-law appearing on tonight's agenda to authorize an agreement
with the abutting owners respecting the sale of parts of the walkway, when
closed;
2) Pass the by-law to assume the walkway;
3) Authorize the City Solicitor to proceed with the publication in the Niagara
Falls Review of the required notice of a by-law to authorize the closing
and sale of the walkway;
4) Authorize the City Solicitor to instruct Matthews & Cameron Ltd., Ontario
Land Surveyors, to undertake the preparation and deposit of a reference
plan in the Land Registry Office showing the walkway divided into two
parts.
ORDERED on the motion of Alderman Coville, seconded by Alderman Baker, that
the report be receive~ and adopted. Carried Unanimously.
See By-law No. 84-112,
and B~-law No. 84-116.
No. 235 - Chief Administrative Officer - Re: Sale of Lot 23, Registered Plan
M-67. The report refers to Report No. 207 received and adopted at the Council
meeting held April 30th, 1984, and the contact with the property owners on
Don Murte Street regarding the proposed sale. The City Clerk;advised that
Report No. 207, condition (a)(3) had been amended to read: "an exemption for a
lease or transfer to Peninsula Alloy Inc. from the operation of the standard
requirement that Council approve all leases of the property within 5 years of
the sale".
Durin$ the discussion that followed the Chief Administrative Officer
advised the letters to the industries in the area had been "hand delivered"
and discussed the concerns of the one call received. The City Solicitor
explained the addition 'to Report No. 207, and stated that the agreement was
specific to Peninsula Alloy Inc.
ORDERED on the motion of Alderman Kerrto, seconded by Alderman Cheesman~-that
the report be received and adopted. Carried Unanimously.
Se~ By-law No.,8.4-111.
No. 236 - Chief Adminis~ratfve Officer - Re: Appointment of Dtrectqr.of
Municipal Works. The report recommends the following:
1) That a report on the appointment of the Director of Municipal Works be
received and filed;
2) That a by-law appointing Mr. Lawrence nates as Director of Municipal Works'
be passed.,
ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsper&er,
that the report be received and adopted. Carrtgd Unanimously.
See By-la~_No. 84-117.
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BY-LAWS
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker, that
leave be granted to introduce the following by-laws and the by-laws be read a
first time:
No. 84-111 - A by-law to authorize the sale of land in the Falls Industrial Park
Extension-
No. 84-112 - A by-law to authorize an agreement with the owners of land abutting
the public walkway between Pheasant Lane and Ontario Hydro lands.
No. 84-113 - A by-law to authorize the execution of an agreement with Quasi
Investments Ltd. carrying on business under the name of The Weed
Man for chemical weed control.
No. 84-114 - A by-law to authorize the execution of an agreement with A.J.
Vander Weyden carrying on business as Vander Weyden Landscaping
for mowing weeds on private lots.
No. 84-115 - A by-law to authorize the execution of an agreement with Modern
White Lines Ltd. for the supply and application of traffic marking
paint.
No. 84-116 - A by-law to assume a public walkway in Registered Plan M-29.
(Between Pheasant Lane and Ontario Hydro lands).
No. 84-117 - A by-law to appoint Lawrence A. nates Director of Municipal Works.
No. 84-118 - 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 collection of water rates.
No. 84-119 - Withdrawn.
No. 84-120 - A by-law to authorize an agreement with Aloette Cosmetics of Canada
Inc. and Collins Amusements Limited respecting Lot 31 according to
Registered Plan No. 243.
No. 84-121 - A by-law to provide monies for 8engral purposes.
The motion Carried with Aldermen Cummings and Hinsperger abstaining from the
vote on By-law No. 84-121 on conflicts of interest previously recorded in
Report No. 233, and all others voting in .favour.
' ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings,
that the followin~ by-laws be now read a second and third time:
No. 84-111 - A'by-law to authorize the sale of land in the Falls Industrial
Park Extension.
No. 84-112 - A by-law to authorize an.agreement'with the owners of land abutting
the public walkway between Pheasant Lane and .Ontario Hydro lands.
Np. 84-113 - A by-law to authorize the execution of an agreement with Quasi
- Investments Ltd. carrying on business under the name of The Weed
Man for chemical weed control.
No,..84-~1~,- A by-law to authorize the execution of an agreement with A. J.
Vender Weyden carrying on business as. Vender Weyden ,Landscaping
for mowing weeds on private lots.
~9' §4-11~ - A by-law to authorize the execution of an agreement with Modern
White Lines Ltd. for the supply and application of traffic marking
paint.
Ng.'. 84-116 - A by-law to assume a publ}c walkway in Registered Plan M-29.
(BetWeen Pheasant Lane and Ontario Hydro lands).
-8-
No. 84-117 - A by-law to appoint Lawrence A. nates Director of Municipal Works.
No. 84-11.8 - A by-law to emend 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 collection of water
No. 84-119 - Withdrawn.
No. 85-120.- A by-law to authorize an agreement with Aloette Cosmetics of
Canada Inc. and Collins Amusements Limited respecting Lot 31
according to Registered Plan No. 243.
No. 84-121 - A by-law to provide monies for general purposes.
NEW BUSINESS
CO}~IITTEE ON MUTUAL INTEREST
Alderman Hlnsperger suggested that a former Committee of Council and
Staff he re-activated to meet at intervals during the year with the Business
and Industrial Growth /%gency Inc., and Chamber of Oommerce to discuss matters
of mutual concern particularly with regard to business and industry.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Chessman,
that Mayor Sraeaton appoint a Committee possibly composed of' the Chief Adminis-
trative Officer, an Engineer, and Aldermen to meet with the B.I.G. and Chamber
of Commerce, for a discussion of matters of mutual interest.
Carried Unanimously.
HEVMET RECOVERY LTD.
Alderman Cummings referred to the upcoming public hearing by the Ministry
of the Environment regarding the application of Hevmet Recovery Ltd. He asked
that the Chief Administrative Offlcer investigate the matter in order to be
assured that residents were notified of the hearing.
NIAGARA FOLLIES
Alderman Cummings discussed the Niagara Follies which took place over
the past weekend and commended members of Council and Staff wh~ participated
in the event.
PROPOSED HOTEL CO, LEX
Alderman Puttick referred to the proposed hotel complex to be constructed
on Murineland Parkway east of Alex Avenue. Re advised that he had heard on
good authority that government funding for the project had been turned~.down and
requested the Chief Administrative Officer to investigate the matter.
GREATER NIAGARA GENERAL HOSPITA~./NEW EQUIPMENT CAMPAIGN
Alderman Cheesman discussed the campaign for new equipment for the
G.N.G.H. and requested the support of Council.
JR. "A" HOCKEY
Alderman Cummings referred to a former "brief" which had been p~epared for
distribntlon to groups interested in transferring to different cities.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that
the Chief Administrative Officer resurrect, make required changes, and forward
the hockey brief to Hockey Clubs with the request that if interested in discus-
st~g the matter further they should contact Mayor Smeaton or the Arena Committee.
Cg~ri~d Unanimously.
~IVIC COMMITTEE UPDATE
Alderman Janvary diacussed the following;
-9-
1) Report on Anti-Vandalism prepared for the Barrie Anti-Vandalism Committee
by g. M. Cempeau, Office Co-Ordinator of the Recreation Dept. in Barrie,
which had been received by Council members. The City Clerk advised that
the report had been forwarded to the Social Planning Council.
2) Open House at the Niagara Falls Post Office on May 14th, 1984~ from
12:00 noon to 4:00 p.m.
3) The 25th Anniversary Dinner Dance of Niagara Youth Socccer,
to be held on May 18th, 1984 at the Polish Cultural Centre.
It was moved by Alderman Puttick, seconded by Alderman Cummings, that the
meeting be adjourned. Carried Unanimously.
:! !!
NINETEENTH MEETING
Committee Room #1
~ 16, lqg4
COMMITTEE OF THE WHOLE
Council met on Monday, May 14th, 1984 at 7:00 p.m. in Committee of the
Whole. Ail members of Council were present with the exception of Aldermen
Merrett, and Put,icky' A~derm~n~<Keighan ~re~ided aa.Chairman.
Following consideration of the items presented the Committee of the Whole
arose without reporting.
READ AND
~RK
pL~qNING/REGULAR MEETING
Council Chambers
May. 14, 1984
Council met on Monday, May 14th, 1984 at 7:30 p.m. for the purpose of
considering Planning Matters and general business. Ail members of Council
were present with the exception of Aldermen Merrett, and Futtick, His W6rship
Mayor Smeaton presided as Chairman. Alderman Janvary offered the Opening
Prayer.
PRESENTATION
His Worship Mayor Smeaton presented Derek Costello with a Trophy for
the City Float having taken first prize in the Blossom Festival Parade on
May 5th, 1984. He expressed congratulations to Mr. Costello on behalf of
members of Council.
Mayor Smeaton advised that this was the 25th Anniversary year of the
· Blossom Festival Parade, sponsored by the Niagara Promotion Association. He
suggested a letter of appreciation be forwarded to Mrs. Loretta Rae, Presi-
dent, and the Niagara Promotion Association.
· Mayor Smeaton further referred to the Canadian Midget Wrestling Champion-
ship title won by Mr. Frank Roperti on May 12th, 1984, and advised that a
letter of congratulations would be forwarded to Mr. Roperti from his office.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio,
that Mrs.i. Rae, and Mr. Roperti be invited to attend a future Council meeting
to receive plaqges on behalf of the Gi.ty~ Carried Unanimously.
REPORTS - PLANNING MATTERS
No. ~37 - (PD/35/84) - Chief Administrative Officer - Re: AM-11/79 Zoning
Amendment application - Proposed Motel (River Inn), property. The report
recommends that Council enact the amendment to Zoning By-law 79-200, as
amended by By-laws 79-154 and 81-200, which provides that a motel must comprise
not less than the whole of the land bounded by River Road, John Street, River
Lane and Philip Street.
In response to Mayor Smeaton~ request for comments from the applicant or
his agent, the Planning Director advised that the City had initiated the
application.
The City Clerk advised that Notices of the Public Meeting had been
forwarded to Interested residents by first class mail on April 9th, 1984.
2
His Worship Mayor Smeaton advised that any persons wishing further notice
should leave names and addresses with the City Clerk before leaving the meeting.
The Director of Planning summarized actions taken to date regarding the
subject property, as reviewed in the report, and advised that the by-law had
been undertaken to clarify the legal position and provide that the land upon
which the motel is to be erected should comprise not less than the whole of
the land bounded by River Road, John Street, River Lane and Philip Street.
His Worship Mayor Smeaton received the following reply to his request for
comments from people in support of the application.
Mr. Art Smith, 5419 River Road addressed Council concerning the matter. He
stated that he was speaking on behalf of people in the subject area who are very
concerned about changes being made. Mr. Smith further stated that the residents
are opposed to "anything being built there", but if allowed to be divided, a
precedent would be set for "the whole of River Road" and the area would be
inundated with motels. Mr. Smith referred to the size of the lots, and advised
that he would he in favour of the application for zoning amendment.
Mr. Ken Murphy, 5401 River Road, advised that he was in support of Mr.
Smith's comments. He further advised that the residents of the subject area
were basically opposed to development in the area, but recognizing the neces-
sity of making a decision, would be in support of the recommendation of gtaff
to clarify the legal position.
Mr. Anthony D'Amico, Solicitor for Mrs. Aileen Cerroni, a property owner
at 5491 River Road requested that a decision in the matter of the proposed
amendment be deferred to-allow Mrs. Cerroni an opportunity to consider the
advisability of making application for the rezoning of her property to
R2 Residential. He stated that any one property owner could prevent develop-
ment by not being ia favour of the wishes of the other three property owners.
Mr. D'Amico advised that residential zoning would be more appropriate and ipcrAase
the land salability if Mrs. Cerroni should wish to sell. I~:rep~y !go q~estions
raised }~. D'Amico indicated that Mrs. Cerroni had purchased the property 3
years ago.
The City Solicitor expressed the opinion that as the block is zoned as
Tourist Commercial, it should be made clear that the block must be developed as
one parcel and not separately. He stated that the recommendation in the report
was intended for that purpose. It was suggested that if Counci~ wished to
proceed with an amendment to "tighten the Tourist Commercial zoning", Mr.
D'Amico and hie client would be free to make an application to amend the by-law.
In reply to questions raised Mrs. Cerroni advised that she had made no
objection to the development of the block as a whole, and had been in favour of
it. Mayor Smeaton received no response to his request for further comments.
ORDERED on the motion of Alderman Orr, seconded by Alderman Keighan, that the
report be received and adopted. Carried Unanimously. age By-law No. 84-131.
No. 238 - (PD/32/84) - Chief Administrative Officer - Re: AM-l/84 Zoning
Amendment application - Nancy Aello, Applicant. The report recommends that
Council consider the approval of the application and that a zoning by-law be
prepared for consideration.
Alderman Cummings declared a conflict of interest as a member of an
organization with land holdings in the area.
Uis Worship Mayor Smeaton received no response to his request for comments
from persons opposed to the application.
The City Clerk advised that the Notice of Public Meeting had been forwarded
to interested per~ons by first class mail on April 9th, 1984.
Mayor Smeaton explained the procedure under the New Planning Act, and
requested persons interested in receiving further notice regarding passing of
the zoning by-law to leave names and addresses with the Clerk before leaving
the meeting.
-3 -
~m Planning Director explained the proposal of the zoning amendment for
lands {~ated on the south side of Mountain Road~ east of Dorchester Road,
proposing a change from Development Holding (DH) to Single Family Residential
<RIA).
His Worship Mayor Smeaton requested questions from persons present and
from Council. In reply to questions raised the Planning Director agreed that
an alternate route would be necessary if future development was desired for
Part 5 on the Plan for Land Division by Matthews & Cameron Ltd. attached to
the report, and further, that Part 5 could not be subdivided. Reference was
made to the size of the lots.
Mr. Brian Sinclair, Solicitor, was present at the meeting on behalf of
the Applicant.
Ordered on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that th~ report be received and the application for zoning amendment and zoning
by-law be approved. The motion Carried with Alderman Cummings abstaining from
the vote on a conflict of interest previously recorded, and all others voting
in favour.
Sec'By-law No. 84-125.
No. 239 - (PD/33/84) - Chief Administrative Officer - Re: AM-3/84 Zoning
Amendment application - ~. Marchioni, Applicant- 'Ihs report recommends that
Council approve of the application and that the amending by-law be prepared
for f~rther consideration.
Mr. Marchioni indicated that he was in attendance at the meeting to reply
to questions. He stated.the5 his proposal would he "in harmony with the
surroundings".
His Worship Mayor Smeaton did not receive a response to his request for
comments from persons other than the applicant, nor for comments from persons
opposed to the application.
The City Clerk advised that the Notice of. Public meeting had been mailed
on April 9th, 1984.
Mayor Smeaton advised that persons wishing further notice of the passage
of the by-law should leave names and addresses with the Clerk. He explained
the procedure under the New'Planning Act.
The Planning Director explained the proposal and replied to questions
raised regarding the information in the report concerning ideas from City Staff,
and a pr%cedent in the matter. The Planning Director .advised that additional
'similar applications might be expected in the~.future because of the current
trend to "double up". He stated that the neighbours had been informed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that
' the report be ~eceived and adopted. The motion Carried with the following vote:
AYE: Aldermen Cheesman, Coville, Cummings, Htnsperger, Keigha~, Kerrlo, Orr,
amd Somerville.
NAYE: Alderman Baker~ and Janvary. '
No. 240 - (PD/31/84) - Chief Administrative Officer - Re: Request for
Extensions to Draft Plan Approvals. The report recommends the following:
1) Drummond Park Village Extension Subdivision; 26T-80003 -
~ That a Council resolution be adopted supporting the subdivider's request
for a further 1 year extension to plan 26T-80003 (Drummond Park Village
Extension Subdivision) and the Region be advised according~y.
2)
Mingle Subdiv~.sion~ 26T-79006 -
- That a C~uncil resolution be adopted supporting the subdivider's request
for a further 1 year extension to plan 26T-79006 (Mingle Subdivision) and
the Region be advised accordingly.
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3)
Desson Subdivis~on~ 26T-76101 -
- That a Council resolution supporting a further 3 month extension to the
Desson draft plan of subdivision be forwarded to the Ministry of Municipal
Affairs & Housing and once a subdivision sign is erected to municipal
requirements, a further one year extension will .be supported.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger,
that the report be received and adopted. The motion Carried with Alderman Janvary
opposed to recommendation number 3, and all others voting in favour.
See Resolutions No. 41, 42, and
43.
No. 241 - (PD/37/84) - Chief Administrative Officer - Re: Official Plan Amend-
ment No. 133 (B.M.X. Track). The report recommends the following:
1) That Council confirm its support for the proposed B.M.X. development
located in the industrially designated Beechwood Road area.
2) That the Ministry of Municipal Affairs & Housing be advised that Council
accepts the suggested revisions to Official Plan Amendment No. 133 on the
basis that all persons having an interest in the land proposed for the
B.M.X. development enter into an agreement with the Municipality which
will include the conditions outlined in the report.
Mr. Minitti, the Applicant, advised that he had been informed of the
conditions outlined in the report and was in agreement.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
the report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Chessman, Coville, Cummings, Hinsperger, Kerrio, Orr, and
Somerville.
NAYE: Aldermen Baker, Janvary, and Keighan.
No. 242 - (PD/38/84) - Chief Administrative Officer - Re: C.A.U.S.E. Study
Recommendations - Proposed Roadway and Landscaping Improvements at Queen Street/
River Road Entrance (C.A.I.P.). The report recormmends the following:
1) That Council note the action taken by City Staff in meeting with the
C.A.U.S.E. Steering Committee and the Downtown Board of Management in
order to review and decide on a preferred design for the Queen Street/
River Road entrance.
2) That, in view of the advice presented by the Downtown Board and the
C.A.U.S.E. Steering Committee, Council authorize staff to proceed with the
detailed designing of the Queen Street/River Road entrance based on the
designs previously approved and advertised.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Reighan,
that the report be received and adoptedA The motion Carrie4 with the following
VD te:
AYE: Aldermen Baker, Cheesman, Ctmmlings, Hinsperger, Keighan, Kerrio, Orr, and
8omervi 1 lc.
NAYE: Alderman Coville.
- AND -
Communication No. 168 - Downtown Board o~ Management - Re: Queen Street/River
Road Entrance. The communication advises that the Downtown Board of Management
had approved a resolution to request the City of Niagara Falls to implement-
immediately the plan known as Queen Street Re-construction: River Road to
Ztrmmerman Avenue~ subject to the conditions included in the communication.
ORDERED on the motion of Alderman Cummings~ seconded by Alderman Baker~ that
the communication be received and filed. Carried Unanimously.
No. 243 - (PD/36/84) - Chief Adml.nistrative Officer - Re: Possible 1984/85
C.A.I.P. Appltcat$on. The report recommends that City Staff be authorized to
prepare the 1984/85 application for the area generally described aS the 2
bloc.ks ha. ring frontage on Queen Street between Erie Avenue and Ontario Avenue.
-5 -
The Planning Director explained that May 31st, 1984 is the deadline for
the submission of applications for the next year.
ORDERED on the motion of Alderman Cummings, seconded by Alderman 8omerville,
that the report be received and adopted. Carried Unanimously.
No. 244 - Chief Admieistrative Officer - Re: Proposed plan of subdivision,
"Forest Glen Estates" File No. 26T-83U05, G. Schneider Construction Ltd., and
Mr. George Schneider. The report recommends that the "Forest Glen Estates"
proposed subdivision be given preliminary approval by the City of Niagara Falls,
subject to the various conditions imposed by City Staff, as enumerated in this
report.
Alderman Kerrio declared a conflict of interest because he has an
interest in a similar development in another location.
A discussion followed regarding the lack of provision for expansion and
renewal charges for fourplexes in the existing policy, and the adequacy of
services in the area. The Director of Municipal Works advised that if matters
of concern regarding services were "insurmountable", a recommendation for
deferral would be made. Further discussion ensued regarding the cost to the
City of maintaining additional roads and sewers, possible "uncontrolled growth".
Miss Jean Grandoni was present at the meeting and indicated her interest
in the subject under discussion. She was advised that her interest would be
taken into consideration and was asked to leave her written submission with
the City Clerk in order that matters might be reviewed in depth.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman (k'r, that
the matter be tabled. The motion Carried with the following vote:
AYE: Aldermen Baker, Cheesman, Coville~ Hinsperger, Janvary, Kerrio, Orr,
and Somerville.
NAYE: Aldermen Cummings, and Keighan.
ADOPTION OF MINUTES ..
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker,
that the minutes of the meeting held May 7th, 1984, be adopted as printed.
Carried UnanimouslT.
REPORT
No. 245 - Chief Administrative Officer - Re: Livestock Claims. The report
recommends that the attached claims for the loss of livestock be approved
by Council. The City Clerk explained the procedure for the above mentioned.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that
the report be received and adopted. Carried .Unanimously.
COMMUNICATIONS
No. 169 - Regional Niagara - Re: Bridge Demolition, Phase I - Relocation of
Sidewalk & Watermain - Niagara Road 108 (Portage Rd.). The communication
attaches Report DEA 229, Item 3, and reviews the approved recommendations of
the Regional Public Works and Utilities Committee regarding the above mentioned.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Htnsperger,
that the communication be referred to the }~nicipal Works Departmgnt.
Carried Unanimously.
No. 170 - Multtculture Niagara Centre - Re: Media Night & Upcoming Activities.
The communication invites the attendance of members of Council to Media night
at the Niagara Falls Arena, Blue Line Room, on Tuesday, May 15, '1984 from 4:00
p.m. to 8:00 p.m., and advises of upcoming events.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the communication be received and filed. Carried Unanimously.
No. 171 - F.C.M. - Re: 47th Annual Conference - June 3 to 7, 1984. The
communication includes information regarding the above mentioned, and
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registration and hotel reservation forms to be completed and returned as soon
as possible.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that Mayor Smeaton be authorized to attend the Conference as the voting
delegate for the City. Carried Unanimously.
No. 172 - Regional Municipality of Halton- Re: Proposed Conference for Mayors
and Reeves concerning O.W.M.C. candidate areas. The communication refers to as
upcoming joint meeting of the Chairmen, t,~yors and Reeves of all O.W.M.C. candi-
date areas and the Guest Speaker, Dr. Tom Barton of the Royal Military College
at Kingston, Ontario.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that
Mayor Smeaton and a member of the O.W.M.C. Steering Committee attend the
Conference. Carried Unanimously.
DEPUTATION
MARKET VALUE ASSESSMENT - MR. TOM PROE
Mr. Tom Prue distributed a copy of information regarding 4552 Victoria
Avenue which included a classification description and assessed value. Mr.
Prue stated that he was representing the owner of the building at the meeting,
that the owner had appealed his assessment but has received no information
concerning the appeal.
During the discussion that followed it was suggested that the property
owner should address Council after the appeal has been heard.
REPORTS
No. 246 - Chief Administrative Officer - Re: Emergency Boat Patrol. The
report recommends that the attached purchase requisition for a new boat and
two motors be approved. Funds for this purchase are included in the 1984
Recreation Commission budget aa a grant to the St. John Ambulance Emergency
Boat Patrol. The estimated cost is $7,500. A discussion followed regarding
the advisability of approaching the Federal Government, possibly through the
Department of National Defence, because the equipment might be utilized for
emergency assistance in the Niagara River. Mayor Smeaton advised that it was
desirable to maintain a "tight control" on the patrol boat, at a lesser cost.
ORDERED po the motion of Alderman Kerrio, seconded by Alderman ~insperger,
that the report be received and adopted. Carried Unanimously.
No. 247 - Chief Administrative Officer - Re: Amending By-law No. 81-56. The
report recommends that the by-law appearing on tonight's agenda be passed.
Alderman Janvary declared a conflict of interest because her husband is
involved in the Ontario Dental Association.
ORDERED on the motion of Alderman Hinaperger, seconded by Alderman Baker,
that the report be received and adopted. The motion Carried with Alderman
Janvary abstaining from-the vote on a conflict of interest previously recorded,
and all others voting in favour.
See By-law No. 84-119.
No. 248 - Chief Administrative Officer - Re: Optional War Service (O.M.E.R.S.)
for Fire Fighters. The report recommends that the by-law appearing on.tonight's
agenda be passed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
~e B~-law No. 84-126.
No. 249 - Municipal Parkin~ & Traffic Committee - Re: Parking Lot Signing
Polity. w~h_e report makes the following recommendations:
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1) That the existing City policy allowing the signing of privately owned
parking areas be reconfirmed and that an additional condition be added
so that signs may only be erected for parking lots with a minimum of
500 spaces;
2) That the Regional Municipality of Niagara be requested to adopt a similar
policy.
During the discussion that followed the additional condition in Recom-
mendation No. 1 was questioned, and whether this applied to existing lots
with fewer than 500 parking spaces.
ORDERED on the motion of Alderman CuMmings, seconded by Alderman Hinsperger,
that the report be tabled for further information. Carried Unanimously.
No. 250 - Municipal Parking & Traffic Committee - Re: Taxi Stands. The report
recommends that the necessary by-law be prepared to authorize the erection of
the following three two-car taxi stands as follows:
1) On the westerly side of it. Lawrence Avenue, in the first two spaces north
of Queen Street;
2) On the westerly side of Oakes Drive, adjacent to the Bus Terminal;
3) On the westerly side of Falls Avenue, immediately north from the main
entrance to the Brock Hotel.
A brief disqussion followed regarding any concerns of the Transit Com-
mission with respect to the proposed signs.
ORDERED on the motion of Alderman Orr, seconded by Alderman Ninsperger, that
the report be received and adopted. It was further recommended that before
any signs are erected the Transit Commission be contacted to ascertain if the
action would interfere with bus routes. Carried Unanimously.
No. 251 - Municipal Perkins & Traffic Committee - Re: Parking on Victoria
Avenue. The report recommends that the Region De requested to extend the
existing 'No Parking' zone on the westerly side of Victoria Avenue, north from
Kitchener Street, one additional parki.ng space.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimous!~~
No. 252 - Chief Administrative Officer - Re: Quotation for Lawn Mowers. The
report recommends that the quotation for the supply of three (3) self-propelled
push type lawn mowers submitted by Turf Care Products Ltd. in the amount of
$4,574.25 be accepted.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker,' that
the report be received and adopted. Carried Unanimously.
See Resolution No. 44.
No. 253 - Chief Administrative Officer - Re: -The Buildings & I~spections
Department Report for April 1984. The report includes information respecting
Permits, ~nd Highlights for the month April, as well as May proposals and
Canada Works Program.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that
the report be received and file~. Carried Unauimously.
No. 254 - Chief Administrative Officer - Re: Cash-in-Lieu Agreement between
The Corporation of the City of Niagara Falls and 540?46 Ontario, 4582 Zimmerman
Avenue (former Police Building). The report recommends that the City Solicitor
prepare the necessary cash-in-lieu agreement and the amended Agreement of Pur-
chase and Sale between the City and 540746 Ontario IncOrporated. Durlng the
discussion that ensued, it was pointed out that the matter of the 16 required
parklng spaces had been considered by the Committee of Adjustment, and the
Committee had not considered this ltsm a minor variance. The City Solicitor
advised that the Agreement of Purchase and Sale had contained a condition that
the agreement was subject to the purchaser being able to obtain the minor
variance. He discussed the policy established, by Council regarding cash-in-lieu
payments being made on an installment plan over a 5 year period, with interest
on the unpaid balance at the prime rate.
-8-
Members of Council expressed concern that the recommended procedure might
establish a precedent for future cash-in-lieu agreements.
the matter be tabled for further investigation and a report. The motion
Carried with the following vote:
AYE: Aldermen Baker, Cheesma% Coville, Cummings, Hinsperger, Janvary, Keighan,
Kerrio, and Somerville.
NAYE: Alderman Orr.
No. 255 - Chief Administrative Officer - Re: Property Standards By-law 74-204
Mr. G. Iamarino, 6192 Dunn street. The report recommends that under Clause ~(a)
of Sub-section 7.10.4 of By-law No. 74-204, the Corporation retain a disposal
service to forthwith complete the work which Mr. Iamarino was directed to
carry out under the Order given September 8th, 1983, 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 agents, in carrying out the work aforesaid be recovered in a like
manner as municipal taxes.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that
the report be received and adopted, and fO~ther, that copies of the report be
forwarded to the complainants for their information. Carried Unanimously.
No. 256 - Chief Administrative Officer - Re: Property Standards By-law No. 74-204
Mr. J. Plourde, 4552 Huron Street. The report recommends that under Clause (a)
of Sub-section 7.10.4 of By-law No. 74-204, the Corporation retain a disposal ser-
vice tO forthwith complete the work which Mr. Plourde was directed to carry out
under the Order given January 26th, 1984 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 agents in carrying out the work aforesaid be recovered in a like manner as
municipal taxes.
Mr. Plourde replied to questions raised regarding the matter, explained
the circumstances which had caused the prbblem, and requested that he be given
to the middle of June to rectify the situation. The Director of Buildings &
Inspections advised that this matter had been long outstanding. He stated
that if the recommendation was approved, and the established procedure followed,
there would be a two week period whereby action could be taken by Mr. Plourde.
ORDERED on the motion of Alderman Cummings,.seconded by Alderman Bqker, that the
report oe received and adopted. The motion Ca~ried with the following vote:
AYE: Aldermen Baker, Chessman, Coville, Cummings, Hinsperger, Janvary, Keighan,
Kerrio, and Somerville.
NAYE: Alderman Orr. t
No. 257 - Chief Administrative Officer - Re: Proposed Closing and Sale of
Walkway 60(3) between Paddock Trail Drive and the easterly limit of Registered
Plan N.S.-39. The report recommends the following:
1) That Council hear, at tonight's meeting, any person who claims that his
or her land will be prejudicially affected by the proposed by-law to
close the above walkway and who applies to be heard;
2) That if there are no such claims, the Council pass the by-law listed on
tonight's agenda to stop up and close and to authorize the sale and con-
veyance of the walkway;
3) That Council also pass the-resolution appearing on tonight's agenda to
authorize an application to the Minister of Municipal Affairs & Housing
for approval of the by-law.
His Worship Mayor ~meaton received no response to his request for comments
from interested persons present who might wish to speak on the matter.
ORDEREDon the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the report be received and adopted. ~arried Unanimously.
See Resolution No. 45.
· - 8es By-law No.,84-122.
No. 258 -.,.,Chief Administrative Officer - Re: Proposed Closing and Sale of
Walkway 18 from Glenayr Avenue to Olensate Park. The report recommends that
-9-
Council take the following action with respect to the proposed closing and'sale
of the public walkway between Glenayr Avenue and Glengate Park which is shown
as a lane on Registered Plan 233 for the City of Niagara Falls:
1) Pass the by-law appearing on tonight's agenda to authorize an agreement
with the abutting owners respecting the sale of the walkway, when closed;
2) Authorize the City Solicitor to proceed with the publication in the
Niagara Falls Review of the required notice of a by-law to authorize the
closing and sale of the walkway.
In reply to questions raised the Solicitor advised that the abutting
owners had been approached, and if the recommendation is approved, a notice
of the proposed closing will be inserted in the local newspaper once a week
for 4 weeks.
The Planning Director advised that no objection had been made by the
residents in the subject area.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Chessman,
that the report be received and adopted. Carried Unanimously.
See By-law No. 84-123.
No. 259 - Finance Committee - Re: 1984 Operating Budget. The report recommends
that Council adopt the 1984 Operating Budget as presented. Alderman Chessman,
Chairman of the Finance Committee discussed the numerous hours of consideration
given by members of Council and Staff prior to a decision being reached with
regard to the mill rate for 1984. He stated that the City is responsible for
costs of less than 50%, that the final stages of review by the Finance Committee
had reduced spending estimates by some $517,000, and pointed out that the 1984
mill rate would increase 7.9% in the urban area and 8.6% in the rural area.
The Budget Director referred to the Comparison data of 1984 mill rates outlined
on page 2 of the report.
Alderman Cheesman pointed out that the vhlue of the industrial/commercial
assessment is currently 43.6% of the total assessment, a decrease from 46.2%
in 1981, and advised that the eroding .industrial/commercial tax base causes
remaining businesses to "pick up a greater tax load in the future" and places
an added burden on the local residential ratepaye~s. He urged the promotion
.of new economic activity in the community.
The Chief Administrative Officer advised that the budget guidelines may
require adjustment in Code 10000, Salaries of Mayor, Aldermen and Secretary,
with the possibility of an automatic yearly adjustment rather than the present
process of a yearly evaluation. He stated that a report will be forwarded to
Council on this matter in the near future.
Alderman Cummings declared a conflict of interest with respect to the
grant to the Stamford Centre Volunteer Firemen, Section 32, Code 12590, because
he is a member of the organization.
Alderman Hinsperger declared a conflict of interest regarding Section 22,
Code 12590, grant to Chippawa ~ions Club, as a member bf the organization.
Alderman Somerville declared a conflict of interest regarding Section 11,
Code 10719, Willoughby Fire Company, since he is a member of the group.
Alderman Janvary declared a conflict of interest regardin8 Section 37,
Code 13007 Dental Plan, because her husband is involved in the O.D.A.
Alderman Cheesman declared a conflict of interest with regard to. Section 23,
Education, Code 11910, because he is employed with the Niagara South Board of
Education; and a conflict with Section 31, Code 12594, Library, since a member
of his family is involved.
His Worship Mayor Smeaton expressed appreciation' to the Chairmen of the
Finance and MunicipalWorks Committemfor their efforts.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that
the report be received and adoptedt It was further recommended that Salaries
for the Mayor, Aldermen and Secretary be given further consideration.
- 10 -
The motion Carried with Aldermen Cummings, Hinsperger, Somerville, Janvary, and
Cheesman abstaining from the vote on conflicts of interest previously recorded;
Alderman Orr opposed to Code 12779 Niagara Falls Business & Industrial Growth
Agency Inc.; and all others voting in favour.
No. 260 - Chief Administrative Officer - Re: Tenders for Fertilizer. The
report recommends that the low tender be accepted in all cases for the supply
of fertilizer for 1984, as indicated in the attached schedule.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Somerville,
that the report be received and adopted. Carried Unanimously.
See Resolution No. 46.
No. 261 - Chief Administrative Officer - Re: 1984 Appropriations, Levying &
Collecting By-laws. The report recommends that Council adopt the following
by-laws appearing on this evening's agenda:
1) A by-law to provide for the appropriations for the year 1984.
2) A by-law to fix the rates of taxation for 1984 and to provide for the
levying of taxes.
3) A by-law to provide for the collection of taxes for the year 1984.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
See By-law No. 84-127, 84-128,
and 84-129.
No. 262 - Chief Administrative Officer - Re: Municipal Accounts. The Report
recommends that the accounts totalling $280,450.60 for the one week period
ending May 14th, 1984 be approved by the passing of the By-law appearing later
on the agenda.
Alderman Cummings declared a conflict of interest on Cheque No. 00260
because a member of his. family is involved in the program.
Alderman Coville declared a conflict of interest on Cheque No. 00241
since she is involved.
Alderman Hinsperger declared a conflict of interest on Cheque No. 00250
because he is employed with the company.
Additional information was provided on Cheque No. 00308, and a report
requested on Cheque No. 00351.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville,
that the report be received and adopted. The motion Carried with Aldermen
Cummings, Covllle, and Htnsperger abstaining from the vote on conflicts of
interest previously recorded for Cheques No. 00260, 00241, and 00250, and
all others voting in favour, r.--
No. 263 - Chief Administrative Officer - Re: Summer Schedule of Council
Meetings. The report ~ecommends that the proposed schedule of summer Council
meetings outlined in the report be approved.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrto, that
the report be received and adopted. Carried Unanimously.
No. 264 - Chief Administrative Officer - Re: Surplus Hydro Land - Stanley
Avenue and Dunn Street. The report recommends that Ontario Hydro be notified
that the City of Niagara Palls is not interested in purchasing the above
property, however, the Municipality appreciates being notified that it is
considered surplus land.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that
the report be recelved and adopted. Carried Unanimously.
RESOLUTIONS
No. 41 - KEIGHAN - HINSPERCER - RESOLVED that the Council of the City of
Niagara Palls supports a further I year extension of draft plan approval for
- 11 -
the Drummond Park Village Extension Subdivision (File No. 26T-80003), and the
Regional Municipality of Niagara be so advised; AND the Seal of the Corpora-
tion be hereto affixed.
Carried Unanimously.
No. 42 - KEIGHAN - HINSPERGER - RESOLVED that the Council of the City of Niagara
Falls supports a further 1 year extension of draft plan approval for the Mingle
Subdivision (File No. 26T-79006), and that the Regional Municipality of Niagara
be so advised; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 43 - KEIGHAN - HINSPERGER - RESOLVED that the Council of the City of Niagara Falls
supports a further 3 month extension of draft plan approval for the Desson Subdivision
(File No. 26T-76101), and that the Ministry of Municipal Affairs and Housing be so
advised, and that once a subdivision sign is erected to municipal requirements, a
further one year extension will be supported; AND the Seal of the Corporation be
hereto affixed.
.The motion Carried with Alderman Janvary voting contrary, and all other voting in
favour.
No. 44 - HINSPERGER - BAKER - RESOLVED that the unit prices submitted by Turf
Care Products Ltd., for the supply of three (3) self-propelled push type lawn
mowers, be accepted at the low tendered amount of $4,275.00 plus tax; AND the
Seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 45 - CHEESMAN - HINSPERGER - RESOLVED that pursuant to section 298 of the
Municipal Act, R.S.O. 1980, the Minister of Municipal Affairs and Housing be
requested to approve By-law No. 84-122 to stop up and close and to authorize
the sale and conveyance of the public walkway running easterly from Paddock
Trail Drive in Registered Plan N.S.-39; AND the Seal of the Corporation be
hereto affixed.
Carried Unanimously.
No. 46 - HINSPERGER - SOMERVILLE - RESOLVED that the unit prices submitted by
Bradford Fertilizer Ltd., D & R Garden Supply, Lough & Niagara Orchards, and
Manchester Products, for the supply of fertilizer for 1984, at the low tendered
amounts shown in the attached schedule, be accepted; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously.
No. 47 - CHEESMAN - KERRIO - RESOLVED that WHEREAS Canada is a Country with
two official languages, English and French;
AND WHEREAS it is therefore the unquestioned goal of this Country that
~anadians of either language be permitted to u~e their mother tongue freely
throughout Canada;
AND WHEREAS Federal and Provincial Statutes, as they are proposed and enacted,
should serve to-encourage rather than restrain the free use of the two official
languages;
AND WHEREAS the present government of the province of Quebec, by its statutes,
is both forbidding and penalizing the use of the English language in certain
circumstances;
AND WHEREAS this is clearly an infringement upon the language rights of many
Canadians resident in the Province of Quebec;
BE IT THEREFORE NOW RESOLVED that the Corporation of the City of Niagara Falls,
Ontario, calls upon the Leader of the Official Opposition, Mr. Brian Mulroney, .
M.P., the Leader of the New Democratic Party, Mr. Edward Broadbent, and the
several candidates campaigning for the leadership of the Liberal Party of'
Canada, to make now a public statement as to how they propose to redress this
injustice if they become the Prime Minister of Canada following the next Federal
general election;
AND that this resolution be circulated amongst the municipalities of Ontario
having a population in excess of 50,000, for their possible endorsement; AND
the Seal of the Corporation he hereto affixed.
The motion Carried with Aldermen Cummlnss, and Orr, voting contrary, and all
others voting in favour.
....
- 12 - - 13 -
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that leave
be granted to introduce the following by-laws and the by-laws be read a first
time:
No. 84-119 - A by-law respecting sick leave credits, pensions and other benefits
for employees.
No. 84-122 -
A by-law to stop up and close and to authorize the sale and convey-
ance of the public walkway running easterly from Paddock Trail Drive
in Registered Plan N.S.-39.
No. 84-123 - A by-law to authorize an agreement with the owners of land abutting
the public walkway between Glenayr Avenue and Glengate Park.
No. 84-124-- A by-law to authorize the execution of an agreement with Welland
Securities (1964) Limited, respecting parking facilities.
No. 84-125 - A by-law to amend By-law No. 79-200, as amended.
(south side of Mountain Rd.).
No. 84-126 - A by-law to authorize supplementary benefits under the Ontario
Municipal Employees Retirement System ("System").
No. 84-127 - A by-law to provide for the appropriations for the year 1984.
No. 84-128 - A by-law to
the levying
fix the rates of taxation for 1984 and to provide for
of taxes.
No. 84-129 - A by-law to provide for the collection of taxes for the year 1984.
No. 84-130 - A by-law to provide monies for general purposes.
84-131 -
A by-law to amend By-law No. 79-154 as amended by By-law No. 81-208
and to amend By-law No. 79-200 (Land bounded by River Rd., John St.,
River Land and Philip St.).
The motion Carried with Alderman Janvary abstaining from the vote on By-law No.
84-119 on a conflict of interest previously recorded in Report No. 247; Alderman
Cummings abstaining from the vote on By-law No. 84-125 on a conflict of interest
previously recorded in Report No. 238; Aldermen Coville, Cummldgs and Hinsperger
abstaining from the vote on By-law No. 84-130 on conflicts of interest previously
recorded in Report No. 262; and all others voting in favour.
ORDERED on the motion of Aldermen Cummings, seconded by Alderman Somerville, that
the following by-laws be now read a second and third time:
No. 84-119 - A by-law respecting sick leave credits, pensions and other~benefits
for employees.
No. 84-122 -
A by-law to stop up and close and to authorize the sale and convey-
ance of the public walkway running easterly from Paddock Trail Drive
in Registered Plan N.S.-39.
No. 84-123 - A by-law to authorize an agreement with the owners of land abutting
the publlc walkway between Glenayr Avenue and Olengate Park.
No. 84-12~4- A by-law to authorize the execution of an agreement with Welland
Securities (1964) Limited, respecting parking facilities.
No. 84-12~5 - A by-law to amend By-law No. 79-200, as amended.
(south side of Mountain Rd.).
No. 84-126 - A by-law to authorize supplementary benefits under the Ontario
Municipal Employees Retirement System ("Systemn).
· 13
No. 84-127 - A by-law to provide for the appropriations for the year 1984.
No. 84-128 - A by-law to fix the rates of taxation for 1984 and to provide
for the levying of taxes.
No. 84-129 - A by-law to provide for the collection of taxes for the year 1984.
No. 84-130 - A by-law to provide monies for general purposes.
No. 84-131 - A by-law to amend By-law No. 79-154 as amended by By-law No. 81-208
and to amend By-law No. 79-200. (Land bounded by. River Rd., John
St., River.Lane and Philip St.).
The motion Carried with Alderman Janvary abstaining from the vote on By-law No.
84-119 on a conflict of interest previously recorded; Alderman Cummings
abstaining from the vote on By-law No. 84-125 on a conflict of interest
previously recorded; Aldermen Coville, Cunmlings, and Hinsperger abstaining
from the vote on By-law No. 84-130 on conflicts of interest previously recorded;
and all others voting in favour.
COMMUNICATION
No. 173 - St. John Ambulance - Re: Representative to St. John Annual Review.
The communication expresses appreciation for a representative of Council
attending the St. John Annual Review. Alderman Baker attended the Review.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Orr, that the
report be received and filed. Carried Unanimously.
NEW BUSINESS
COUNCIL MEETING
Alderman Cummings reminded Council that there would not be a meeting of
City Council on Monday, May 21st, 1984 because of the Statutory Holiday, and
that the next meeting of Council would be on May 28th, 1984.
JR. "A" FRANCIIISE
Alderman Cturanings initiated a discussion wi[h respect to the distribution
of a hockey brief to Hockey Clubs with a possible interest fn relocating the
team. The Chief Administrative Officer advised that two former briefs were
being revised and would be circulated as coon as possible.
INDIAN POWWOW
Alderman Janvary advised of an "Indian Powwow" to be held at the Turtle,
Niagara Falls, N.Y., on May 19th, and 20th, 1984, and to be dedicated to Ontario's
Bicentennial, with the Official Opening to be May 19th, at 12:00 noon. She stated
that there would be a Canadian and American Native Friendship Dance, and Peace
Pipe, the planting of trees, and that the Mayors of the City of Niagara Falls,
Ontario, and New York, would be in attendance.
ARTS IN NIAGARA
Alderman Janvary advised that she had attended the Arts in Niagara Conference
which was recently held at Rodman Hall Arts Centre. His Worship Mayor Smeaton
commended Alderman Janvary on her interest and attendance at the Conference.
O.W.M. CANDIDATE SITE INSPECTION
Aldermen Coville referred to the site inspection for the O.W.M. Candidate
site which took place on Sunday, May 13th, 1984. She suggested that letters of
appreciation should be forwarded to Mrs. Leslie Daniels, Chairperson of the Sub-
Committee of the E.E.A.C. Regional Planning Department, to Professor Michael
Dichman of Brock Univereity, and to Regional Sta'ff for their efforts.
- 14 - TWENTIETH MEETING
It was moved by Alderman Orr, seconded by Alderman Coville, that the
meeting be adjourned. Carried Unanimously.
TE D,
S. SMEATON
Committee Room #1
May 15, 1984
COMMITTEE OF THE WHOLE
Council met on Tuesday, May 15th, 1984 at 4:00 p.m. in Committee of the
Whole. Ail members of Council were present with the exception of Aldermen
Hinsperger, Kerrio, Merrett, Puttick, and Somerville. His Worship Mayor
Smeaton presided as Chairman.
Following consideration of the item presented, the Committee of the Whole
arose to report in open Council.
TED,
YOR WIL~AM S. SMEATON
SPECIAL MEETING
Committee Room #1
May 15, 1984
Council met on Tuesday, May 15th, 1984 at 5:00 p.m. for the purpose of
considering special business. All members of Council were present with the
exception of Aldermen Hinsperger, Kerrio, Merrett, Puttick, and Somerville.
His Worship Mayor Smeaton presided as Chairman.
UNFINISHED BUSINESS
ONTARIO WASTE MANAGEMENT CANDIDATE SITE
His Worship Mayor Smeaton referred to a proposal submitted by Dworkin
Communications Inc. with regard to the possible selection of the City of
Niagara Falls as the s~te for two hazardous~waste disposal facilities by
the Omtario Waste Management Corporation.
Mr. Larry Dworkin was present at the meeting to reply to questions
raised.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker,
that the firm of Dworkin Communications Inc. of Toronto be retained to assist
in stopping the establishment of a hazardous waste treatment plant in Niagara
Falls. Carried Unanimously. ~
It was moved by Alderman Cheesman, seconded by Alderman Coville, that
the meeting adjourn. Carried Unantmousl .
//~D~TED,
~¥o~ w~ s. SM~ATON
TWENTY-FIRST MEETING
COMMITTEE OF /ME WHOLE
Committee Room
May 28, 1984
Council met on Monday, May 28th, 1984, at 7:00 p.m. in Committee of the
Whole. Ail members of Council were present. Alderman Keighan presided as
Chairman.
Following consideration of the items presented the Committee of the Whole
arose without reporting.
READ AND_~DOPTED,
CITY CLERR
~ REGULAR MEETIiG' ~YOR WILLI~ S' SMEATON
Council Chambers
May 28, 1984
Council met on Monday, May 28th, 1984 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present. His
Worship Mayor Smeaton presided as Chairman. Alderman Merrett offered the
Opening Prayer.
PRESENTATIONS
MUNICIPAL TRAINING COURSE CERTIFICATES - AND -
REPORT OF CHIEF ADMINISTRATIVE OFFICER
Report No. 265 - Chief Administrative Officer - Re: Municipal Training Course
Certificates. The report recommends that the City employees listed on the
attached page be presented their certificates for the successful completion of
.their respective training courses, along with our sincere congratulations. The
employees were listed as follows:
- Bruce Sandercock - Municipal Road Design & Water Design;
- Nelson Walroth - Municipal Asphalt;
- lan Hayward - Municipal Asphalt;
- Ron Craddock - Water Design & General Inspection;
- Larry De Lazzer - Municipal Road Design;
- Greg Dixon - General Inspection.
His Worship Mayor 8meaton presented a Certificate to Nelson Walroth and
offered congratulations on behalf of Council. The other recipients were not
in attendance.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger
that'%he minutes of the meetings held May 14th and 15th, 1984, be adopted as
printed. Carried Unanimousl ·
REPORTS - PLANNING MATTERS
No. 266 - (PD/40/84) - Chief Administrative Officer - Re: Draft By-law on
Group Homes for the City of Niagara Falls. The report recommends the following:
1) il~at Council hear presentations and accept any written submissions in
regard to the proposed zoning by-law permitting 4 categories of Group
Homes in Residential zones established by the comprehensive By-law;
2) That Council in their deliberations consider the approval of the by-law
respecting Group Homes.
-2-
The/City Clerk advised that Council had authorized staff to advertise
and hold a Public Meeting on the Group Homes By-law, and that the Public
Notice had been arranged and published on April 27th, 1984 informing the
public that Council would be considering the matter of the By-law this
evening.
His Worship Mayor Smeaton requested persons wishing further notice of the
passage of the zoning by-law amendment to leave their names and addresses with
the Clerk prior to leaving the meeting. He explained the procedure for the
public meeting and advised that persons wishing to make oral or written sub- -
missions would be given the opportunity to do so.
The Senior Planner reviewed the former actions taken by the Planning
Department, and.~Social Planning Council, as a Working Committee, to establish
a Group Homes By-law for the City of Niagara Falls, and referred to the four
categories in the recommendation as well as the possibility of other categories
which may be included at a later date.
In?response to Mayor Smeatonh request for comments from people in support
of the by-law, Mrs. Anna Corfleld, a member of the Working Commi~te~ on Group
Homes and Social Planning Council, advised that she was in favour of the
recommendations. Mrs. Corfield referred to the time-consuming study of the
different categories and lack of satisfactory in~ormation resaFdlng Proving:.
cial funding. She replied to questions raised regarding support services
in the proposed group homes, information from experts and involved organiza-
tions, as well as medication and the need for 24-hour supervision in the homes.
Mrs. Corfield stated that the citizens of Niagara Falls desire the "best" for
people in the homes, and all alternatives must be considered.
Mr~ Robert L. Agar, Executive Director of the Greater Niagara Association
for the Mentally Retarded submitted and reviewed a written presentation which
included the historical background, structural framework, activities, progress
and goals.off,the AsSociation. He requested,.that:the proposed,by, lap,be amended
tm include the following:
1) A group home is defined as a housekeeping unit or units in a residential
building in which up to 10 residents (excluding staff or receiving family)
live under responsible supervision consistent with the needs of the resi-
dents. The home is licensed or approved under provincial statutes and
meets municipal by-laws.
2) There shall be a separation distance of 350 metres betweentgroup homes with
some flexibility to permit variations, at the discretion of the municipality,
to consider special needs or circumstances.
Mr. Agar advised that the Association was prepared to work with other
community groups to establish and maintain reasonable guidelines for the
operation of Group Homes in the community. Me pointed out that the people
concerned have a "vested interest" in Group Homes as citizens of the community.
Mr. Agar replied to questions raised with regard to required homes, current
residences of families involved, and offered further assistance if required.
Regional Councillor Edt~mn Sherar referred to the '~iddle of the road"
position taken by the Regional Hunicipality of Niagara. This position was
included in the report from the Region dated May 23rd, 1984. Mayor Smeaton
advised that the matter would be given consideration by the Regional Council
in its upcoming meeting.
A discussion followed with respect to the proposed classes of group homes,
hours of required supervision~ funding~ and locations of the homes. It was
pointed out that efforts were being directed towards funding, contmol, and
identification of poss.lble problems, as well as forwarding recommendations to
City Council. It was suggested that further time was required for a complete
study of all aspects.
Mrs. Maria Atkinson, a concerned parent, discussed the required care, and
urged the establishment of homes for the mentally disabled in the area.
-3 -
Mr. Robert Graham, representing the Mental Health Association, advised
that a lesser distance between homes had been requested because this would
enable staff to supervise two residences.
Ms. Catherine Molitor, a member of the Greater Niagara Association for
the Mentally Retarded, discussed the residential arrangements for the homes,
being a p~oposal for 8 residents in 2 units, as a cost saving arrangement,
and the provision of a program which would be beneficial to the community
and taxpayers.
Ms. Mary Fotheringham, representative of the Ministry of Community and
Social Services, replied to concerns raised with respect to Provincial
funding. She discussed the availability of funding for support services,
the attempt to return people to their homes, and urged consideration of the
suggested alterations to the by-law. Ms~ Fotheringham offered the continued
support of the Ministry in consideration of the by-law.
Mrs. Ruby McMillan addressed Council as a recipient of the support
services of '~he the Association for the Mentally Retarded and commended the
Association for its informational assistance to her.
- AND-
Communication No. 174 - Ontario Mental Health Association - Re: Supportive
Housing. The communication includes brochures containing information with
regard to Supportive Housing, Mental Health, How You and Your Community Can
Foster Mental Health, Mental Illness, Building the Caring Community, and
information regarding the Niagara Regional Housing Program. Mr. Howard
Richardson, Executive Director of the Ontario Division, Mental Health Assoc-
iation, discussed the increasing responsibilities of the Association, Staff
experience, efforts of volunteers and professionals, and the need for
supportive housing units throughout Ontario. He referred to studies which
had verified the theory that supportive housing units did not adversely
affect property values and community attitudes, but were reinforcing. Mr.
Richardson referred to the positive response to a newspaper i~em submitted by
the Ontario Ministry of Health. He advised that the majority of people do
not require 24 hour supervision, and that up to 40% of the residents of
institutions have no other alternative housing. Mr. Richardson referred to
the 12 programs operating throughout Ontario, to the monitoring and evaluation
of the programs, as well as the precautions take~ to assist and care for
people.
- AND-
Communication No. 175 - Dorothy M. Middleditch - Re: Proposed Zoning By-law
Changes (By-law No. 79-200). The communication expresses agreement with the
proposed changes with the Auxiliary Residences for Retarded Persons to allow
flexibility for the development of group.homes for more than 4 in a duplex
similar to the McRae Street Group Home.
- AND-
Communication No. 176 - Marissa Bastidas - Re: Proposed zoning by-law
amendments for. Group Homes. The communication refers to the exclusion of
mental health group homes from locating in the area under the proposed
amendment, and attaches an Information Kit to provide specific detail with
respect to the goals and objectives of the Niagara Regional Housing Program,
to be used as a tool for education of the community. Ms. Marissa Baatidas,
representing the Niagara Regional Housing Program, distributed a written
brief containing her verbal submission to Council. She reviewed the objective
of the Program to provide adequate, affordable, community-based housing for
adult persons with mental health problems in Niagara. Ms. Bastidas discussed
the concerns previously expressed, i.e., safety of the supportive housing units
without 24 hour care; the availability of support services for the residents;
and the funding resources of the program. She stated that supportive homes
were not a threat to the safety of.the community, the residents would have
adequate support services, and proper funding for the program was "likely to
be assured and reliable".
- AND-
Communication No. 177 - Niagara District Health council - Re: Group Homes
Policy. The communication attaches a brief on its "Position on Group Homes"~
and expressed concern that Stoup homes for the psychiatrically disabled and
for seniors be permitted in all residential neishbourhoods throughout the
Niagara region, subject to conditions of size and adequate distance between
group homes,
-4 -
Mr. Gary Zalot represented the Niagara District Health Council at the
meeting, and expressed its concern and recognition of the "tremendous need
for mental health services in the community". He reviewed the brief sub-
mitted by the Niagara District Health Council, and referred to the current
inadequacy of housing without support services.
- AND-
Report No. 267 - Chief Administrative Officer - Re: Draft By-law on Group
Homes, City of Niagara Falls Mentally Retarded Association Relocation Plans.
The report recommends the following:
1) That the Mentally Retarded Association be contacted and informed that,
on the basis of their present relocation plans, it will be necessary for
specific zoning amendment applications to be made;
2) That Staff be authorized to continue to advise the Mentally Retarded
Association and to keep Council informed.
Mr. Ken Murphy, 5401 River Road, expressed opposition to the by-law and
the method of rezoning. He stated that the rights of individual homeowners
should be protected, and further, that the proposal appeared to be a method
of "spot rezoning", in order to achieve "broad and fundamental changes in
rezoning". He suggested that caution was necessary prior to changing the
existing zoning structure which had "evolved over the decades".
Following further discussion on the matter, it was moved by Alderman
Keighan, seconded by Alderman Merrett, that the matter be tabled in order
that a meeting between Staff, the Social Planning Council, Ministry repre-
sentatives, parents, and other interested people, might be scheduled; the
information be receiv}d; and report bacR_to Council. Carried Unanimously.
Alderman Somerville retired from the meeting.
Council adjourned for a five minute break, and then returned to the
Council Chambers for the balance of the Regular Meeting.
DEPUTATION
BOULEVARD PARKING BY-LAW NO. 7678
Alderman Baker addressed Council on behalf of Mr. George Harriman,
4624 Dorchester Road. Alderman Baker discussed Mr. Harrtman'~ recent receipt
of a..ticket for parking on the boulevard in front of his home; the care and
maintenance of the boulevard by Mr. Harriman; the difficulty in using the
driveway at the Harriman home; and the contact with the Traffic & Construction
Engineer when the by-law prohibiting parking on City boulevards~was discussed.
The Chief Administrative Officer advised that the placing of tickets on
vehicles parked on.boulevards was a function of the Police Department; expressed
c~ncern regarding the ~ifficulty of.judging the proper maintenance of property;
and stated that an established law must be enforced.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that
the matter be referred to gtaff for investigation and a report.
Carried Unanimously.
REPORT
No. 268 -' Steerin~ Committee'L Re: Chippawa Library Addition - O.N.-I.P.
The report recommends that the firm of Bromac Construction and Engineering
Ltd. be awarded the contract for the work to be carried out at the Chippawa
Library for a total cost of $139,437.00.
Alderman Chessman declared a conflict of interest because a relative
is employed at ~he Library.
Following a brief discussion it was moved by Alderman Puttick, seconded
by Alderman Baker, that the report be received and adopted. The motion
tarried with Alderman Chessman abstaining from the vote on a conflict of
interest previously recorded, and all othere voting in favour.
-5 -
DEPUTATIONS
TOURIST SIGN BY-LAW - CY McGUIGAN
Communication No. 178 - ~ - Re: City By-laws. The communication
advises that Mr. McGuigan wishes to be included on the agenda on May 28, 1984.
Mr. C~frtl O. McGuigan, 5151 River Road, discussed his concerns regarding a
sign on the property at 5171 River Road. He advised that the wording, size,
and its location were in contravention of a local by-law.
Following a discussion on the matter, it was moved by Alderman Cheesman,
seconded by Alderman Merrett, that the matter be referred to Staff for inves-
tigation and a report. The motion Carried with the following vote:
AYE: Aldermen Baker, Chessman, Cummings, Hinsperger, Janvary, Kerrio, and
Merrett.
NAYE: Aldermen Covill~, K~i~han, Or~ and Puttick.
ONTARIO WATER RESOURCES CONFERENCE, TORONTO~ JUNE 12 - 14, 1984
Mr. A10leksuik addressed Council regarding the necessity of having
local representation at the upcoming Ontario Water Resources Conference to
be held in Toronto from June 12th to 14th, 1984, which will address the issue
of future water resources surrounding the Great Lakes. He stressed the
importance of the issue in terms of the directional flow of water from the
Great Lakes, and advised that the conference was an initial program of the
United States to implement a canal system running from the Lake Michigan area
to the Central States. He discussed the need for representation from the
local environmental;~organizatlon, and amphasized the importance of political
representation.
It was moved by Alderman Baker, seconded by Alderman Kerrto, that Mr.
A101eksuik, and Mayor Smeaton or his representative, be authorized to
attend the Ontario Water Resources Conference in Toronto, and a grant of $700.
maximum be approved. Carried Unanimously.
COF/~UNICATIONS
No. 179 - Social Plannin~ Council - Re: Pornography/Prostitution Study.
The communication attaches the Pornography/Prostitution Study Report which
Includes recommendations of the Committee, and will be presented to the Fraser
Committee.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio~ that
the communication be received and referred to Staff for comments.
Carried Unanimously. ..~
No. 180 - Ministry of Natural Resources - Re: Report on Flood Plain Review
Committee. The communication refers to the aforementioned Report which was
forwarded to heads of Council on March 30th, 1984, and advised.~hat the Ministry
is desirous of receiving input for the program.
Mr. Peter Grandoni advised that the report did not deal with the
agricultural aspect, and would "undo any presently proposed legislation under
the Conservation Authorities Act". He expressed the opinion that the Report
did not protect the agricultural drainage system for the farmer. Mr. Grandoni
requested that Council propose amendments to the recommendations in the Report.
His Worship Mayor Smeaton referred to the "Workshop on Floodplains" which
has been scheduled by the Regional Planning and Development Committee on
Thursday, June 14th, at 7:30 p.m. in the Regional Council Chamber.
The Senior Planner advised that the Workshop of the Region is consider-
'lng the issue referred to by Mr. Grandoni. He requested that Mr. Grandoni
submit his concerns in writing to the Planning Department of the City to be
included in the discussions.
Mayor Smeaton advised that any additional information expressing concerns
would be received, and Mr. Grandoni's input woutd be welcc~sed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the communication be received and filed. Carried Unanimously.
-6-
REPORTS
No. 269 - Chief Administrative Officer - Re: Demolition of 4667 River Road.
The report recommends that City Council accept the low quotation of $1,400.00
from Nick Altieri Excavating Ltd'. for the demolition of the building pre-
viously occupied by the Niagara Falls Canada Visitor and Convention Bureau.
ORDERED on the motion of Alderman Ksrrio, seconded by Alderman Coville, that
the report be received and adopted. Carried Unanimously.
No. 270 - Chief Administrative Officer - Re: 1984/1985 Commercial Area
Improvement Programme (C.A.I.P.) - Application for Provincial Funding. The
report reco~nends that the attached C.A.I.P. application be approved by
Council for submission to the Ministry of Municipal Affairs & Housing by the
May 31st deadline date.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that
the report be received and adopted. Carried Unanimously.
UNFINISHED BUSINESS
WHITE WATER RESTAURANT, LUNDY'S LANE -
APPLICATION FOR LIQUOR LICENCE$
Communication No. 181 - The Liquor Licence Board of Ontario - Re: White
Water Restaurant, 7430 Lundy's Lane. The communication advises that approval
has been given to the application for the Dining Lounge Licence and Patio
(Dining Lounge) Licence, subject to the premises meeting all requirements of
the local municipality.
Regional Council Edison Sherar.~%a~e~that th~ majority of.nvisitO~ to the
establishment were between 10 and 15 years of age, and expressed objection to
the licencing.
Alderman Janvary declared a conflict of interest because a relative is
employed at the White Water Restaurant.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker,
that the communication be received and filed. The motion Carried with
Alderman Janvary abstaining from the vote on a conflict of interest
previously recorded, and all others voting in favour.
COMMUNICATIONS
No. 182 - .Rg~wa¥ Transport Committee - Re: Letters Patent for Canadian
Pacific Ltd. The communication authorizes the request of the Canadian Pacific
Ltd. for letters patent.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Chessman, that
the communication be received and filed. Carried Unanimously.
No. 183 - Canadian Transport Commission - Re: Public Hearing, Conrail Assets.
The communication provides information regarding public hearings scheduled
for the acquisition of Consolidated Rail Corporation assets.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Covtlle,
that the communication be received and filed. Carried Unanimously.
No. 184 - City of Ottawa - Re: Reselution re Franco-Ontarians. The
'communication requests support of the resolution that th~ .Premier of.
be requested to declare the Province of Ontario officially bilingual by
entrenching the language rights of Franco-Ontartans in the Constitution.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the communication be received and filed· Carried Unanimously.
No. 185 - Re~ioffal Plannin~ & Development Department - Re: Workshop on
Floodplains· The communication advises of the Workshop on Floodplains .to
be held. Thursday, June 14, 1984 at 7:30 p.m. in the Regional Council Chamber
and hosted by the Planning & Development Committee of the Region.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that
the communication be received and the appropriate staff attend, along with
members of Council who wish to attend. Carrled Unanimously.
- 7-
No. 186 - Re$ional Planning & Development Department - Re: "Tourism Niagara".
The communication attaches the third and fourth reports in the Tourism In
Niagara series which provide information on current and future tourism, as
well as market information presented in the first report in the series.
ORDERED on the motion of Alderman Coville, seconded by Alderman Kerrio, that
the communication be received and filed. Carried Unanimously.
No. 187 - Regional Plannin~ & Development Department - O.W.M.C. The
communication attaches the Ontario Waste Management Corporation's response
to the Brief submitted by the Regional Planning and Public Works Committees
regarding the Phase 3 Interim Report.
ORDERED on the motion of Alderman Coville, seconded by Alderman Keighan, that
the communication be received and filed. Carried Unanimously.
No. 188 - Regional Niagara - Re: Waste Management Master Plan. The communi-
cation advises that the Waste Management Task Force has received the Stage 2
Report of the Master Plan Options from. the consultants and public meetings
have been arranged throughout the Region, the meeting in Niagara Falls to be
held in the Council Chambers, Monday, June 25th, 1984 at 7:00 p.m.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Covllle, that
the communication be received and filed. Carried Unanimously.
No. 189 - Phillip Roberto for Residents & Families of McRae Street - Re:
Stop Signs on McRae Street. The communication requests thaturgent consideration
be given to the erection of stop signs on McRae Street.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that
the communication be referred to the Traffic & Construction Engineer for
consideration. Carried Unanimously.
No. 190 - G. A. Lacroix - Re: City's Hawker & Pedlar By-law. The communication
advises of soliciting of meat products in the'residential area of Vivian Court,
subsequent action taken by Mr. Lacroix, and expresses dissatisfaction with the
City's position on the matter.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the communication be received and filed. Carried Unanimously.
No. 191 - E. Owen & Other Residents of Meadowvale Subdivision - Re: Drainage
problem in backyards. The communication expresses concern regarding the rear
yard drainage problem in the Subdivision.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Htnsperger~
that the communication be referred to the Municipal Works Committee for
consideration. Carried Unanimousl~.
No. 192 - Downtown Board of Management - Re: Niagara Classics Bicycle Race &
Events - June 21 - 22, 1984. The communication advises of the aforementioned
and requests a Special Occasion Permit for June 21 and 22, 1984 in Centennial
Square.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that
the request of' the Downtown Board of Management for a special occasion permit
for the Niagara Classics Bicycle Race and events to be held on June 21st and
22nd, 1984, to be held in Centennial Square, Niagara Falls, be approved,
subject to the approval of the Regional Police Department, the Niagara Falls
Fire Department, the Niagara District Health Untt, and the Liquor Licensing
Board of Ontario. Carried Unanimously.
No. 193 - Chippawa Lions Club - Re: Annual Carnival, Niagara South Recreation
Centre - June 6 to 9, 1984. The communication requests a special occasion
permit for the evemt.
Alderman Hinsperger declared a conflict of interest because he is a
member of the Executive of the organization.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman,
that the request of the Chippawa Lions Club for a special occasion permit for
the annual carnival to be held on June 6th, 7th, 8th, and 9th, 1984, to be
held at the Niagara South Recreation Centre, Niagara Falls, be approved subject
to the approval of the Regional Police Department, the Niasara Falls Fire
Department, the Niagara District Health Unit, and the Liquor Licensing Board
of Ontario. The motion Carried with Alderman Hlnsperger abstaining from the
vote on a conflict of interest previously recorded, and all others voting in
favour.
No. 194 - ~olunteer Fire Department - Re: Annual Carnival, July
28th, 1984. The communication requests a special occasion permit for the
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman,
that the request of the Willoughby Volunteer Fire Department for a special
occasion permit for the 34th annual carnival to be held on July 28th, 1984,
to be held at the Willoughby Recreation Centre, Niagara Falls, be approved
subject to the approval of the Regional Police Department, the Niagara Falls
Fire Department, the Niagara District Health Unit, and the Liquor Licensing
Board of Ontario. Carried Unanimously.
No. 195 - Niagara Fastball Association - Re: Annual Fastball Tournament,
July 19 - 22, 1984. The communication requests a special occasion permit
for the event.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman,
that the request of the Niagara Fastball Association for a special occasion
permit for the annual fastball tournament to be held on July 19th, 20th, 21st,
and 22nd, 1984, to be held at Kef Park, Niagara Falls, be approved, subject to
the approval of the Regional Police Department, the Niagara Falls Fire Depart-
ment, the Niagara District Health Unit, and the Liquor Licensing Board of
Ontario. Carried U~
No. 196 - Greater~all Association (G.N.B.A.) - Re: 1984 Molson
Sis-Pitch Challenge, June 22 - 24, 1984, Oakes Park. The communication
requests a special occasion permit for the event.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that
the request of the G.N.B.A. for a special occasion permit for the 1984 Molson
Sis-Pitch Challenge to be held on June 22nd, 23rd, and 24th, 1984, to be held
at Oakes Park, Niagara Falls, be approved, subject to the approval of the
Regional Police Department, the Niagara Falls Fire Department, the Niagara
District Health Unit, and the Liquor Licensing Board of Ontario.
Carried Unanimously.
No. 197 - Niagara Falls Family Y.M.C.A. - Re: Sis-Pitch Tournament, June
14 - 17, 1984, Niagara Sports Centre.~ The communication requests a special
occasion permit for the event.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that
the request of the Y.M.C.A. for a special occasion permit for the Sis~Pitch
Tournament to be held on June 14th, 15th, 16th, and 17th, 1984, at the Niagara
Sports Centre, Niagara Falls, be approved, subject to the approval of the
Regional Police Department, the Niagara Falls Fire Department, the Niagara
District Health Unit, and the Liquor Licensing Board of Ontario.
Carried Unanimously.
No. 198 - N/agara Falls Minor Boys Softball Association - Re: Minor Softball
Week, June 16 - 23, 1984. The communication requests a proclamation for the
ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that
the request be approved subject to established policy. Carried Unanimousl ·
REPORTS
No. 271 - Chief Administrative Officer - Re: Pool Chemicals. The report
recommends that approval be given to place an order with Lawrason Chemical
of Rexdale for the purchase of various chemicals required for the operation of
the City swimming pools. The cost for this order is approximately $8,600
which has been Included in the 1984 pool budgets.
ORDERED' on the motion of Alderman Kerrio, seconded by Alderman Cunmltngs~ that
the report be received and adopted. Carried Unanimous1 .
No. 272 - Arenas Committee - Re: Arena Rental Rates. The report recommends
that the attached revised Arena Rental Rate Policy be approved.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerr£o, that
the report be received and adopted, Carried Unantmousl .
No. 273 - Chief Administrative Officer - Re: Site Plan Approval - Proposed
13 storey Ramada Inn, Buchanan Avenue (N/W corner of Buchanan & Dixon). The
report recommends that the Council approve the site plan on display at
tonight's meeting, being a proposed Ramada Inn and the site plan being
drawing number 1 dated May 1984, and prepared by G. Sommerfeldt, and filed
with the Buildings and Inspections Department of the City of Niagara Falls
on May 24, 1984, and that such approval be subject to the conditions outlined
in the report.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Baker, that
the report be received and adopted. Carried Unanimousl .
No. 274 - Chief Administrative Officer - Re: Cash-in-Lieu Agreement between
The Corporation of the City of Niagara Falls and Pasquale Ramunno, 5020
Centre Street. The report recomrflends that Council pass the by-law on tonight's
agenda authorizing the cash-in-lieu agreement with Pasquale Ramunno.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
See B_~-law No. 84-140.
No. 275 - Chief Administrative Officer - Re: Site Plan Approval - Proposed
9 Unit Motel addition and parking area, 5677 Victoria Avenue and 5601 Ellen
Avenue. The report recommends that the Council approve the site plan on
display at tonight's meeting, being a proposed Motel Addition and Parking
Area, and the site plan being drawing number 1 dated May 1984, and filed with
the Buildings and Inspections Department of the City of Niagara Falls on
May 25th, 1984, and that such approval be subject to the conditions outlined
in the report.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
No. 276 - Munici~ks Committee- Re: Municipal Works Committee Reports.
The report recommends that the attached reports of the Municipal Works Committee
be adopted.
1) Service Char~artment -
- That the flat rate service charges included in the report be approved;
2) Culvert Re lacement on W-5-3 at Kalar Road -
- That authorization be granted to proceed with the replacement of the
culvert on the W-5-3 watercourse at Kalar Road immediately, subject to
approval of the allocation in the 1984 Operating Budget to permit the
Koabel Road culvert project to proceed; and
- That the $40,000 allocation in the 1984 Operating Budget for the
Allendale cul-de-sac (Acct. 11285) Be reallocated to fund this culvert
project;
3) Whirlpool Road Bridge over HEPC Canal - Status Report -
- That this status report concerning the replacement of the Whirlpool
Road:Brtdg~ over the HEPC Canal project (Contract B.C. 2-83) be received
for information;
4) Storm Water Munaj~ement Study - Westlane/Westwood Area -
- That the firm of Proctor and Redfern Ltd. be engaged to carry out a
joint staff/consultant storm water management study in the Westlane/
Westwood area for relief of basement flooding at a cost of $35,000; and
- - That the Reserve Account #11610 - Flooding Report, be used to fund
this study;
5) Finished Road Construction in Falls Industrial Park -
- That the curbs and gutters and finished course of asphalt be constructed
on Progress Street and Don Murie Street, from Kister Road easterly to
Earl Thomas Avenue, and Ktster Road between Don Murie Street and Progress
Street.
ORDERED on the motion of Alderman Baker, seconded by Alderman Kerrio,
that the report be received aud adopted. Carried Unanimous1 .
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No. 277 - Municipal Works Committee - Re: Collection of used Newspaper within
the City of Niagara Falls. The report recommends that Niagara Re-Cycling
Company be advised that the Corporation of the City of Niagara Falls would be
in favour of authorizing the Company's collection of used newspaper within the
City of Niagara Falls subject to the conditions in the report.
ORDERED on the motion of Alderman Coville, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
No. 278 - Chief Administrative Officer - Re: Contract G.C. 9/84 -
(1) Underground Services on Valley Way; (2) Sanltary Sewer on Thorold Stone
Road. The report recommends that the unit prices submitted by the low tenderer,
Condotta & Fortuna Limited, for Alternative "2", be accepted.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 48.
See By-law No. 84-134.
No. 279 - Chief Administrative Officer - Re: Contract S.T. 13/84 - Surface
Treatment of Roads. The report recommends that the unit prices submitted by
Norjohn Contracting Limited for the above contract be accepted.
ORDERED on the motion of Alderman Baker, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 49.
See By-law No. 84-135.
No. 280 - Chief Administrative Officer - Re: Tenders for Dust Control -
Contract D.C. 12/84. The report recommends that the unit price received from
Norjohn Contracting Limited for supplying and applying M.T.C. Prime to various
road surfaces in the amount of $0.41 per litre, be accepted; and that the
amount of $35,000, which is contained in the 1984 Operating Budget, not be
exceeded.
Mayor Smeaton advised that the information requested by Alderman Coville,
regarding roads to be untreated if over-budget, would be obtained.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 50.
See By-la~ No. 84-136.
No. 281 - Chief Administrative Officer - Re: 1984 Sidewalk Repairs - Contract
$.R. 10/84. The report recommends that the unit prices submitted by the low
tenderer, Alftdome Construction Limited, be accepted and the by-law approved.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Keighan, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 51.
See By-law No. 84-137.
No. 282 - Chief Administrative Officer - Re: Structural Evaluation and
Temporary Structural repairs to:the Oakee Park Baseball Dlamond stands -
Engineering Agreement. The report recommends that the by-law appearing on
tonight's agenda authorizing an Engineering Agreement with Acres Consulting
Services Limited for the structural evaluation and temporary structural repairs
to the Oakes Park baseball diamond stands be approved.
Alderman Cummings declared a conflict of interest as an employee of the
firm involved.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker,
that the report ~e received and adopted. The motion Carried with Alderman
Cummings abstaining from the vote on a conflict of interest previously recorded
and all .others voting in favour.
8es By-law No. 84-138.
.... 11
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No. 283 - Chief Administrative Officer - Re: Niagara Classic Bicycle Races
- Road Closing By-law. The report recommends that the by-law appearing on
tonight's agenda authorizing the temporary closing of a number of downtown
streets in conjunction with the Niagara Classic bicycle races on Thursday,
June 21, 1984 from 5:30 p.m. to 10:00 p.m. be approved.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that
the report be received and adopted. The motion Carried with the following
vote:
AYE: Aldermen Baker, Chessman, Cummings, Hinsperger, Janvary, Kerrio,
Merrett, Orr, and Putt£ck.
NAYE: Aldermen Coville, and Keighan.
See By-law No. 84-143.
No. 284 - Chief Administrative Officer - Re: Equipment Leases. The report
recommends that the information contained therein be received and filed.
A discussion followed regarding the rental of equipment. It was agreed that
there was a financial advantage to the purchase of equipment.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coville, that
the report be received and referred to the Finance Committee for consideration.
Carried Unanimously.
No. 285 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $5,565,923.02 for the two week period
ending May 28th, 1984 be approved by the passing of the By-law appearing later
on the agenda.
Alderman Coville declared a conflict of interest on Cheque No. 00552
as the person involved.
Alderman Chessman declared a conflict of interest on Cheque No. 00413
because a relative is employed with the Library.
Alderman Cummings declared a conflict of interest on Cheque No. 00437
because a relative is involved with the program.
Alderman Hinsperger declared a conflict of interest on Cheque No. 00563
because he is employed by the company.
Additional information was provided on Cheque No. 00419.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings, that
the report be received and adopted. The motion Carried with Aldermen Coville,
Chessman, Cummings, and Hinsperger abstaining from the vote on Cheques No.
00552, 00413, 00437, and 00563 consecutively, as previously recorded, and all
others voting in favour.
It was mo~ed by Alderman Cummings, seconded by Alderman Janvary, that
approval be granted to proceed past 11:00 p.m. The motion Carried with the
following vote:
AYE: Aldermen Baker, Cummings, Hinsperger, Janvary, Keighan, Merrett, Orr,
and Puttick.
NAYE: Aldermen Chessman, Covtlle, and Kerrlo.
REPORTS
No. 286 - Chief Administrative Officer - Re: Falls Industrial Park Extension.
The report recommends that Council approve of the re-sale of Lot~ Registered
Plan M-67, from Frank Zaniol (In Trust) to Peter Wangler, subject to the
conditions outlined in the report.
ORDERED on the motion of Alderman Kerrto, seconded by Alderman Gummings, that
the report be received and adopted. Carried Unanimously.
' 12
!ti I
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No. 287 - Chief /ktministrative Officer - Re: Proposed Closing and Sale of
Walkway 6 from Jupiter Boulevard to Ontario Hydro Lands. The report
recommends the following:
1) That Council hear, at tonight's meeting, any person who claims that his or
her land will be prejudicially affected by the proposed by-law to close the
above walkway and who applies to be heard.
2) That if there are no such claims, the Council pass the by-law llsted on
tonight's agenda to stop up and close and to authorize the sal~ and convey-
ance of the walkway.
3) That Council also pass the resolution appearing on tonight's agenda to
authorize an application to the Minister of Municipal Affairs and Housing
for approval of the by-law.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker~
that the report be received and adopted. Carried Unanimously.
See Resolution No. 52.
See By-law No. 84-132.
~o.~288 - Chief Administrative Officer - Re: Proposed Closing and Sale of
Walkway between Epworth Circle and Ryerson Crescent at Rice Crescent. The report
recommends that Council take the following action with respect to the proposed
closing of the public walkway between Epworth Circle and Ryerson Crescent at
Rice C~escent.
1) Pass the by-law appearing on tonight's agenda to authorize an agreement with
the abutting owners respecting the sale of parts of the walkway, when closed.
2) Authorize the City Solicitor to proceed with the publication in the Niagara
Falls Review of the required notice of a by-law to authorize the closing and
sale of the walkway.
3) Authorize the City Solicitor to instruct Matthews & Cameron Ltd., Ontario
Land Surveyors, to undertake the preparation and deposit of a reference plan
in the Land Registry Office showing the walkway divided into four parts.
ORDERED on the motion of Alderman Baker, seconded by Alderman Merrett, that
the report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Baker, Chessman, Coville, Cummings, Hinsperger, Keighan, Kerrio,
Merrett, Orr, and Puttick.
NAYE: Alderman Janvary.
See By-law No. 84-133.
No. 289 - Chief Administrative Officer - Re: O.W.M.C. - Agreement with I)workin
Communications Inc. for Public Relations Services. The report recommends the
information be received and filed and that the by-law to authorize the execution
of an agreement with Dworkin Communications Inc. appearing later on this
evening's aiesda, be passed if acceptable to Council.
ORDERED on the motion of Alderman Coville, seconded by Alderman Gummings, that
the report be received and adopted.. Carried Unanimously.
See By-law No. 84-139.
No. 290 - O.W.M.C. Steerin~ Committee - Re: O.W.M.C. - Research Team. The
report recommends that Dr. Frank Huhn, Rafal Serafin and Gretchen De Boer
(aa Co-ordinator) be hired as the research team to study the Ontario Waste
Management Corporation proposals.
ORDERED on the motion of Alderman Coville, seconded by Alderman Rerri0, that
the report,be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 48 - KERRIO -'MERRETT - RESOLVED that the unit prices submitted by the low
tenderer, Condotta &Fortune Limited, for Contract C.C. 9/84 - (1) Underground
Services-on Valley Way; (2) Sanitary Sewer on Thorold Stone Road, be accepted
at the low tendered price of $~7~§9~00~ ~or-A~te~n~iveZIZ'l~, A~D,.the .Se&L~i
the Corporation be hereto affixed.
~a~rted Unanimously.
· 13
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No. 49 - BAKER - CUMMINGS - RESOLVED that the unit prices submitted by Norjohn
Contracting Limited, for Contract S.T. 13/84 - Surface Treatment of Roads, be
accepted at the tendered price of $124,746.45; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously.
No. 50 - CUMMINGS - BAKER - RESOLVED that the unit prices received from Norjohn
Contracting Limited for Contract D.C. 12/84 - Tenders for Dust Control, be
accepted, and that the amount of $35,000, which is contained in the 1984
Operating Budget, not be exceeded; AND the Seal of the Corporation be hereto
affixed.
Carried Unanimously.
No. 51 - MERRETT - KEIGHAN - RESOLVED that the unit prices submitted by the low
tenderer, Alfidome Construction Limited, for Contract S.R. 10/84 - 1984 Sidewalk
Repairs, be accepted at the low tendered price of $44,785; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously.
No. 52 i CUMMINGS - MERRETT - RESOLVED that pursuant to section 298 of the
Municipal Act, R.S.O. 1980, the Minister of Municipal Affairs and Housing be
requested to approve By-law No. 84-132 to stop up and close and to authorize
the sale and conveyance of the public walkway between Jupiter Boulevard and
the northerly limit of Registered Plan M-21; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that
leave be granted to introduce the following by-laws and the by-laws be read
a first time:
No. 84-132
A by-law to stop up and close and to authorize the sale and
conveyance of the public walkway between Jupiter Boulevard and
the northerly limit of Registered Plan M-21.
No. 84-133 -
A by-law to authorize an agreement with the owners of land abutting
the public walkway between Epworth Circle and Ryerson Crescent at
Rice Crescent.
*No. 84-134 -
A by-law to authorize the execution of an agreement with Condotta &
Fortune Limited for underground services on Valley Way for Valmac
Nursing Home and sanitary sewer on Thorold Stone Road.
No. 84-135 - A by-law to authorize the execution of an agreement with Norjohn
Contracting Limited for surface treatment of roads.
No. 84-136 -
A by-law to authorize the execution of an agreement with Norjohn
Contracting Limited for dust control on certain roads within the
City of Niagara Falls.
No. 84-137 - A by-law to authorize the execution of an agreement with Alftdome
Construction Limited for 1984 sidewalk repairs.
No. 84-138 -
A by-law to authorize the execution of an agreement with Acres
Consulting Services Limited in respect of Oakes Park Baseball
Diamond Stande·
No. 84-139 -'A by-law to authorize the execution of an.agreement with Dworkin
Communications Inc.
No. 84-140 - A by-law to authorize the execution of an agreement with Pasquale
Ramuflno~ In Trust, respecting parking facilities.
- 14 -
No. 84-141 - (Withdrawn).
No. 84-142 - (Tabled).
No. 84-143 - A by-law to close portions of Queen Street, Huron Street, Buckley
Avenue, St. Lawrence Avenue, Crysler Avenue, St. Clair Avenue,
Ontario Avenue, Erie Avenue and Valley Way.
No. 84-144 - A by-law to amend By-law No. 3790, being a By-law for the regu-
lation of traffic.
No. 84-145 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Janvary voting contrary on By-law No. 84-133;
Alderman Cummings abstaining from the vote on a conflict of interest on By-law
No. 84-138 as previously recorded in Report No. 282; Aldermen Coville and
Keighan voting contrary on By-law No. 84-143; Aldermen Cheesman, Coville,
Curmnings and Hinsperger abstaining from the vote on By-law No. 84-145 on
conflicts of interest previously recorded in Report No. 285; and all others
voting in favour.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that the
following by-laws be now read a second and third time:
No. 84-132 - A by-law to stop up and close and to authorize the sale and
conveyance of the public walkway between Jupiter Boulevard and
the northerly limit of Registered Plan M-21.
No. 84v133 - A by-law to authorize an agreement with the owners of land abutting
the public walkway between Epworth Circle and Ryerson Crescent at
Rice Crescent.
No. 84-134 - A by-law to authorize the execution of an agreement with Condotta &
Fortune Limited for underground services on Valley Way for Valmac
Nursing Home and sanitary sewer on Thorold Stone Road.
No. 84-135 - A by-law to authorize the execution of an agreement with Norjohn
Contracting Limited for surface treatment of roads.
No. 84-136 - A by-law to authorize the execution of an agreement with Norjohn
Contracting Limited for dust control on certain toads within the
City of Niagara Falls.
No. 84-137 - A by-law to authorize the execution of an agreement with Alfidome
Construction Limited for 1984 sidewalk repairs.
No. 84-138 - A by-law to authorize the execution of an agreement with Acres
Consulting Services Limited in respect of Oakes Park Baseball
Diamond Stands.
No. 84-139 - A by-law to authorize the execution of an agreement with Dworkin
Communications Inc.
No. 84-140 - A by-law to authorize the execution of an agreement with Fasquale
Ramunno, In Trust, respecting parking facilities.
No. 84-141 - (Withdrawn).
No. 84-142 - (Tabled).
No. 84-143 - A by-law to close portions of Queen Street, Huron Street, Buckley
Avenue, St. Lawrence Avenue, Crysler Avenue, St. Clair Avenue,
OnCarlo Avenue, Erie Avenue and Valley Way.
No. 84-144 - A by-law to amend By-law No. 3790, being a By-law for the
regulation of trafflc.(St. Lawrence Ave., Oakes Dr., & Falls Ave.)
No. 84=145 - A by-law to provide montes for general purposes,
- 15 -
The motion Carried with Alderman Janvary voting contrary on By-law No. 84-133;
Alderman Cummings abstaining from the vote on a conflict of interest on By-law
No. 84-138 as previously recorded; Aldermen Coville and Keighan voting contrary
on By-law No. 84-143; Aldermen Chessman, Coville, Cummings, and Hinsperger
abstaining from the vote on By-law No. 84-145 on conflicts of interest previously
recorded; and all others voting in favour.
NEW BUSINESS
WALKWAY - FAIRFIELD PLACE
Alderman Kerrio referred to correspondence he had received from Mr. and
Mrs. E. MacAulay, 7940 Tad Street, which expressed concern that the walkway
adjacent to their home had not been fenced, and problems were being encountered.
The Chief Administrative Officer was directed to investigate this matter and
report back to Council.
UNLICENCED AUTO BODY SHOP
Alderman Puttick referred to a complaint received from Mrs. George Mayer,
5931 Murray Street, regarding a nearby resident painting vehicles. A request
was made for an investigation and report.
GARAGE SALES
Alderman Baker referred to a complaint he had received concerning
"professional garage sales" in a residential area. Alderman Baker will ask
the complainant to contact the Chief Administrative officer regarding the
matter.
CROWLAND TOWNSHIP RESIDENT- ROAD REQUEST
Alderman Coville advised that a resident of Crowland Township who had
recently received an excessive increase in property taxes was requesting that
a road be constructed to the landlocked 40 acre parcel. The Chief Administrative
Officer referred to the Zoning By-law which prohibits the construction of
buildings without access to an improved road allowance.
It was moved by Alderman Hlnsperger, seconded by Alderman Chessman, that
the meeting adjourn.
READy,.
~[J~"BKENNAN, CITY C~ERK
TWENTY-SECOND MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
June 4, 1984
Council met on Monday, June 4th, 1984 at 7:15 p.m. in Committee of the
Whole. All members of Council were present. Alderman Baker presided as
Chairman.
Following consideration of the item presented the Committee of the Whole
arose without reporting.
READ AND
CLERK
MAYOR WI~IAM S. SMEATON
REGULAR MEETING
Council Chambers
June 4, 1984
Council met on Monday, June 4th, 1984 at 7:30 p.m. for the purpose of
considering general business. Ail members of Council were present. His
Worship Mayor Smeaton presided as Chairman. Alderman Orr offered the Opening
Prayer.
WELCOME
His Worship Mayor Smeaton welcomed Girl Guides and their leader, Ann Jarvie,
from the 15th Niagara Falls Company, St. John's Anglican Church, to the Council
me~ting.
ADOPTION OF MINUTES
Alderman Coville advised that the fourth item under New Business on May 28th,
1984, should be amended to read Crowland Township Resident.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that
the amended minutes of the meeting held May 28th, 1984 be adopted.
Carried Un%nimously.
DEPUTATION
MARKET VALUE ASSESSMENT - MR. TOM PRUE
Mr. Tom Prue referred to his discussion on the above mentioned at the Council
meeting held May 14th, and to the assessed value of the "Old Police Building% in
the amount of $236,000. He discussed his recent contact with the Regional Assess-
ment office regarding this matter, and his action taken in the circulation of a
petitio~ throughout the Province of Ontario to have Market Value Assessment
rescinded by the Province. Mr. Prue suggested that the City of Niagara Falls and
other municipalities shoqld co-ordinate efforts to initiate assessment reform.
UNFINISHED BUSINESS
PARKING LOT SIGNING POLICY - AND
REPORT OF PARKING & TRAFFIC COF~tlTTEE
Report No. 288 - Municipal Parktn~ & Traffic Committee - Re: Parking Lot Signing
Policy. The report recommends that the recommendations contained in the attached
report be adopted by Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger, that
the report be received and adopted. Carried Unanimously.
.2
-2-
COMMUNICATIONS
No. 199 - Regional Niagara Public Works Department - Re: Water & Sewage Flows
by Municipality for April 1984. The communication attaches report OEP 2052
regarding the aforementioned.
ORDERED on the motion of Alderman Cununings, seconded by Alderman Orr, that the
communication be received and filed. Carried Unanimously.
No. 200 - Re$ional Municipality of Niagara - Re: O.W.M.C. - and submission from
Niagara Falls, Canada Visitor & Convention Bureau. The communication ' ~
attaches a copy of the submission outlining action taken to date in Niagara Falls
and requesting clarification of Region's position on proposed O.W.M.C. sites.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that
the communication be received and filed. Carried Unanimously.
No. 201 - War Graves Committee 1814 Chippawa - Re: Dedication Ceremony July 8,
1984. The communication requests a parade permit for a parade to be held in
conjunction with the dedication ceremony.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that
the request be approved. Carried Unanimously.
No. 202 - Township of Goulbourn - Re: Unconditional Grants Program. The
communication attaches a resolution regarding the Unconditional Grants Programs
and requests the endorsement of Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
the resolution be endorsed. Carried Unanimously.
No. 203 - Chippawa Lions Club - Re: Annual Carnival - June 6 - 9, 1984. The
communication requests that Council consider concessions on the rental of the
arena for the event.
Alderman Hlnsperger declared a conflict of interest because he is a member
of the Club's Executive.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville,
that the City adhere to its established policy. The motion Carried with Alderman
Hinsperger abstaining from the vote on a conflict of interest previously recorded
and all others voting in favour.
No. 204 - Greater Niagara Baseball Association - Re: Molson NHL Slo~Pltch
"Challenge", June 22 and 23, 1984. The communication request~ a special occasion
permit for the event which will be held at the Niagara Falls Memorial Arena.
ORDERED on the motion of Alderman Hlnsperger, seconded by Alderman Cummings,
that the request of the Greater Niagara Baseball Association for a special
occasion permit for the Molson N.H.L. Slo-Pitch "Challenge" to be held on June
22nd from 11:00 a.m. until 1:00 a.m. and June 23rd from 8:00 p.m. until 1:00 a.m.
at the Niagara Falls Memorial Arena, Niagara Falls, be approved subject to the
approval of the Regional Police Department, the Niagara Falls Fire Department,
the Niagara District Health Unit, and the Liquor Licensing Board of Ontario.
Carried Unanimously.
No. 205 - Regional Municipality of Ha~ton - Re: Ontario Waste Management
location of proposed Liquid Waste Disposal Sites. The communication advises
that arrangements have been made for Dr. Tom Barton to demonstrate the use of
the Plasma Arc Technology at the E.S. Fox Company on Thursday, June 7th, at
11:00 a.m. Council was advised that Dr. Barton would speak at 2:00 p.m.
ORDERED on the motion of Alderman Orr, seconded by Alderman Coville,. that the
communication be received and all interested persons attend the demonstration.
Carried Unanimously~
No. 206 - Canada Employment Centre for Students - Re; "Hire a Student Week" -
June 17 - 23, 1984. The communication requests a proclamation of the week of
June 17th to 23~d, 1984 as "Hire a Student Week".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the request be approved subject to es:ablishqd policy. Carried Unanimously.
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No. 207 - Federal Business Development Bank - Re: "Small Business Information
Week" - October 21 - 27, 1984. The communication requests a proclamation for
the aforementioned.
ORDERED on the ~otion of Alderman Keighan, seconded by Alderman Somerville, that
the request be approved subject'to established policy. ~ Carried Unanimously.
No. 208 - Kids Count - Re: Centennial Square - June 20, 1984. The communication
requests permission to use the Centennial Square on the above mentioned date for
the Kids Count Community Open House, and invitations be sent for the group.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that
the request be approved. Carried Unanimously.
No.' 209 - Downtown Board of Management - Re: Request use of Centennial Square.
The communication requests permission to use Centennial Square on Saturday,
June 3Oth, for the Multiculture Niagara Mini Festival; and on each consecutive
Wednesday during the noon hour from July 4th to September 5th, 1984 for NOVA
to perform.
ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the
requests be approved and the communication referred to S~aff for co-ordination.
Carried Unanimously.
No. 210 - Multiculture Niagara Centre - Re: Permission to hang banners at St.
Clair Avenue and Queen Street. The communication requests the permission of
Council for banner advertising of the Multiculture Niagara Festival on June 9th,
1984.
ORDERED 'on the motion of Alderman Coville, seconded by Alderman Orr, that
permission be granted subject to the approval of the Niagara Falls Hydro.
Carried Unanimously.
No. 21t - United Transportation Union - Re: CN Rail's proposed removal of
Cabooses. The communication advises of the proposal to remove cabooses from
freight trains in Canada. The Chief Administrative 'Officer discussed the
policy of the ~allway company of retaining a copy of the manifest, containing
information regarding the material's being transported, in the caboose.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the
communication be referred to Staff to contact the CN with respect to the
reasons for the proposed removal of the cabooses. Carried Unanimously.
No. 212 - York Hannove~ - Re: O.W.M.C. ~roposed Toxi~ Waste Disposal Site.
The communication expresses opposition to the aforementioned.
ORDERED on the motion of Alderman Orr, seconded by Alderman Kerrio, that the
communication be received and referred to the E.E.A.C. Committee, Regional
Council, and the O.W.M.C. Carried Unanimously. .
REPORTS
No. 289'- Chief Administrative Officer - Re: Addition to Garage and Storage
Space, 3787 Sinnicks Avenue. The report recommends that the information
contained therein be received and filed.
ORDERED on the motion of Alderman Orr, secohded by Alderman Cummings, that the
report be received and filed. Carried Unanimously.
No. 290 - Chief Administrative Officer - Re: Cash-in-lieu Agreement between
The Corporation of the City of Niagara Falls and. 540746 Ontario, 4582
Zimmerman Avenue (former Police Building). The report recommends that the
information contained therein be received and filed for the information of
Council.
ORDERED on' the. motion of Alderman Cummings, seconded by Alderman Kerrio, that
the report be received and filed.. Carried Unanimously.
No. 291 - Chief ~minlstrative Officer - 1984 Hot Mox Asphalt Overlays & Base
Road Repairs - Contract A.C. 11/84.. The report recommends that the unit
prices submitted by Steed and Evans Limited for Contract A.C. 11/84, be
accepted by Council, and the by-law appearing on .tonight's agenda be passed.
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ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. C__arried U~
See Resolution No. 53.
See B~-law No. 84-147.
No. 292 - Chief Administrative Officer - Re: 1984 Cold Mix Resurfacing Program -
Contract C.M. 14/84. The report recommends that the unit prices submitted by the
only tenderer, Norjohn Contracting Limited, be accepted.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 54.
See By-law No. 84-148.
No. 293 - Chief Administrative Officer - Re: R.C. 16/84 Construction of
Bampfield Street Extension. The report recommends that the unit prices submitted
by the low tenderer, Ernie Damore and Son Limited, be accepted. Alderman Coville
requested that a decision on the matter be deferred for one week because of a
clean-up problem by the contractor in another area.
ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the
matter be deferred for one week. The motion was Defeated on the following vote:
AYE: Aldermen Coville, Kerrio, Orr, Puttick, and Somerville.
NAYE: Aldermen Baker, Cheesman, Cummings, Hinsperger, Janvary, Keighan, and
Merrett.
Following further discussion it was moved by Alderman Cummings, seconded
by Alderman Kerrio, that the report be received and adopted. The motion Carried
with the following vote:
AYE: Alderman Baker, Chessman, Cummings, Hinsperger, Janvary, Keighan~ Kerrio,
Merrett, Orr, Puttick~ and Somerville.
NAYE: Alderman Coville.
See Resolution No. 55.
See By-law No. 84-149.
No. 294 - Chief Administrative Officer - Re: Street Light Numbering System.
The report recommends that the quotation of McGee Marking Devices with a supply
of 7,000 plastic number plates be accepted, and the. purchase be authorized.
Following a discussion of this matter it was moved by Alderman Chessman, .:
seconded by Alderman Kerrio, that the report be received and adopted. The
motion was Defeated with the following vote: ~
AYE: Aldermen Chessman, Keighan, and Kerrio.
NAYE: Aldermen, Baker, Coville, Cum.mings, Hinsperger~ Janvary, Merrett, Orr~
Puttick, and Somerville.
Ordered on the motion of Alderman Cummings, seconded by Alderman Orr, that
the recommendation be denied. The motion Carried with the following vote:
AYE: Aldermen Baker, Coville, Cummings, Hinsperger, Janvary, Keishan, Merrett,
Orr, Putttck, and Somerville.
NAYE: Aldermen Chessman, and Kerrio.
No. 295 - Chief Administrative Officer - Re: Parking on Centre Street. The
report recommends that parking be prohibited at all times from the southwesterly
side of Centre Street from a point 85 feet westerly of Victoria Avenue to a
point 60 feet further westerly.
Following a brief discussion on the matter it was moved by Alderman Kerrio,
seconded by Alderman Baker, that the report be received and adopted. The motion
Carried with the following vote:
AYE: Aldermen Baker, Chessman, Goville, Hinsperger, Kerrio, Merrett, Puttick,
and Somerville.
NAYE: AldermenCtm~nings, Janvary, Keighan, and Orr.
No. 296 4 Chief Administrative Officer - Re: Financing of Owners' Share of Local
Improvements. The report recommends that the City finance the owners' share of
completed local improvements in the amount of $35~446.52 for a term of ten years
at an interest rate of 12~ (current prime).
o ·
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ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 297 - Chief Administrative Officer - Re: Equipment for Chippawa Library.
The report recommends that the information contained therein be received for
information purposes only.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker, that
the report be received and adopted. Carried Unanimously.
See By-law No. 84-150.
No. 298 - Chief Administrative Officer - Re: Requests for Proposals - City
Dat~ Processing Equipment. The report recommends that Council authorizes
Staff to send out requests for proposals regarding data processing equipment
for the City.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 299 - Chief Administrative Officer - Re: }~nicipal Accounts. The report
recommends that the accounts totalling $168,995.52 for the one week period
ending June 4th, 1984, be approved by the passing of the By-law appearing
later on the agenda.
Alderman Somerville declared a conflict of interest on Cheque No. 00659
because he is a member of the organization.
Alderman Hinsperger declared a conflict of interest on Cheque No. 00676
because he is employed by the company.
Alderman Cummings declared a conflict of interest on Cheque No.. 00682
because a member of his family is involved in the program.
ORDERED on the motion of Alderman Coville, seconded by Alderman Somerville,
that the report be received and adopted. The motion Carried with Aldermen
Somerville, Hinsperger, and Cummings abstaining from the vote on Cheques No.
00659, 00676, and 00682 consecutively, as previously recorded, and all others
voting in favour.
No. 300 - Chief Administrative Officer - Re: Fire Department Annual Report
for 1983. The report attaches the 1984 Annual Report of the Niagara Falls Fire
Department, and commends Chief Kemp and his staff for a job well done, and the
excellent reputa[ion for leadership they have earned among fire departments in
the Province.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Janvary, that the
report be received and filed. Carried Unanimously.
No.'301 - Chief Administrative Officer - Re: Disaster Control School~ St.
Augustine,. Florida - June 11 - 15, 1984. The report recommends that Director
of Training John Collucci be allowed to attend the above school at a total cost
of $450 (U.S.). The money is provided for in the Niagara Falls Fire Department
Educational Fund.
ORDERED on the motion of Alderman CheesmaR, seconded by Alderman Hinsper§er,
that the report be received and adopted. Carried Unanimously.
No. 302 - Chief Administrative Officer - Re: Repairs to Fire Pumper No. 5.
The report recommends that Council authorize repairs to Fire Pumper No. 5 to be
carried out by Cataract Auto Body as outlined in their estimate dated April 16th,
1984, at a cost of $6,900.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 56.
No. 303 - Civic Committee - Re: Canada Week Celebrations - Proclamation. The
report provides information regarding events to be held from June 25th to
July 2nd, 1984 in honour of Canada's llTth Birthday, and requests the approval
of Council for a proclamation.
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ORDERED on the motion of Alderman Janvary, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
No. 304 - Civic Committee - Re: Swimming in Municipal Pools - Canada Day.
The report recommends that City Council agree to free swimming at the four
Municipal Pools on July let as part of the celebrations planned for Canada's
ll7th Birthday.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 305 - City Clerk - Re: Municipal Election - February 27, 1984 - Statements
of Expenses and Contributions. The report recommends that the contents of the
report be noted and that it be received and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the report be received and filed. Carried Unanimously.
A discussion followed regarding the statement of Candidate John Graaskamp.
In reply to questions raised the City Clerk advised that attempts to contact
Mr. Graaskamp had been unsuccessful because he does not have a telephone and
there had been no response to a written communication forwarded to him several
days prior to the deadline date for filing the Statement of Expenses and
Contributions.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cheesman, that
a registered letter be forwarded to Mr. John Graaskamp requesting that a report
be submitted to the Clerk's office within one week. It was further recommended
that if the report is not received by June llth, 1984, legal proceedings be
initiated. Carried Unanimously.
No. 306 - Chief Administrative Officer - Re: Canada Day Statutory Holiday -
July let, 1984. The report recommends that the information contained therein
be received for the information of City Council.
ORDERED on the. motion of Alderman Cummings, seconded by Alderman Kerrlo, that
the report be received and adopted. Carried Unanimously.
No. 307 - Chief Administrative Officer - Re: Garage and Yard Sales. The report
recommends the following:
1) That appropriate action be taken under the existing zoning by-laws to
control abuses of garage and yard sales.
2) That Council defer enacting an amendment to the zoning by-law or special
licensing by-law. ;
ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that
the report be received and adopted, and further, that a copy of the report be
forwarded to Sandra Bird, Sandy!s Uniform Boutique. Carried Unanimously.
RESOLUTIONS
No. 53a- CUMMINGS - HINSPERGER - RESOLVED that the unit prices submitted by
Steed and Evans Limited for Contract A.C. 11/84, be accepted by Council, at
the low tendered amount of $208,924.90, and the by-law appearing on tonight's
agenda be paasad; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 54 - CHEESMAN - CUMMINGS - RESOLVED that the unit prices submitted by the
only tenderer, NorJohn Contracting Limited, for 1984 Cold Mix ResurfacinS
Program, Contract C.M. 14/84, be accepted at the total amount of $99,847.55;
AND the S~al of the Corporation be hereto affixed.
Carried Unanimously.
No. 55 - CUMMINGS - KERRIO - RESOLVED that the unit prices submitted by Ernie
Damore and Son Limited, for R.C. 16/84 - Construction of Bmmpfield Street
Extension~ be accepted at the low tendered amount of $51,592.25; AND the
Seal of'the Corporation be hereto affixed.
The motion Carried with Alderman Covtlle voting contrary~ agd~.all other.~$yoting
~ favour.
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No. 56 - CUMMINGS - HINSPERGER - RESOLVED that the unit price submitted by
Cataract Auto Body, to repair'Fire Pumper No. 5, be'accepted at the low
tendered amount of $6,900; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
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:
No. 84-146 - A by-law to authorize an agreement with Frank Zaniol (In Trust)
and Peter Rudolph Wangler respecting Lot 2 according to Registered
Plan M-67.
No. 84-147 - A by-law to authorize the execution of an agreement with Steed and
Evans Limited for 1984 hot mix asphalt overlays and road base
repairs.
No. 84-148 - A by-law to authorize the execution of an agreement with Norjohn
Contracting Limited for the 1984 cold mix open graded resurfacing
prograra.
No. 84-149 - A by-law to authorize the execution of an agreement with Ernie Damore
& Son Limitad for the construction of Bampfield Street Extension.
No. 84-150 - A by-law to authorize an agreement with Bromac Construction and
Engineering Ltd. for the construction of additions and alterations
to the Chippawa Library.
No. 84-151 - A by-law to amend By-law Nos. 82-295 and 84-15, as amended,
providing for appointmen~s to certain Boards, Commissions and
Committees.
No. 84-152 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Coville voting contrary on By-law No. 84-149;
Aldermen Cummings, Hinsperger, and Somerville abstaining from the vote on
By-law No. 84-152, ag.previously recorded in Report No. 299; and all others
voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Rineperger,
that the following by-laws be now read a second and third time:
'No. 84-146 - A by-law to authorize an agreement with Frank Zaniol (In Trust)
and Peter Rudolph Wangler respecting Lot 2 according to
Registered Plan M-67.
No. 84-147 - A by-law to authorize the execution of an agreement with Steed and
Evans Limited for 1984 hot mix asphalt overlaye and road base
repairs.
No. 84-148 - A by-law to authorize the execution of an agreement with Norjohn
Contracting Limited for the 1984 cold mix open graded resurfacing
program.
No. 84-149 - A by-law to authorize the execution of an agreement with Ernie
Damore & Son Limited for the construction of Bampfield Street
Extension.
Np,. ~-150 - A by-law to authorize an agreement with Bromac Construction and
Engineering Ltd. for the construction of additions and alteratione
to the Chippawa Library.
No. 84-151 - A by-law to amend By-law Nos. 82-295 and 84-15, as amended,
providing for appoin~ments to certain Boards, Commtssione and
Committees.
'¸4 :
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The motion Carried with Alderman Coville voting contrary on By-law No. 84-149;
Aldermen Cummings, Hinsperger, and Somerville abstaining from the vote on
By-law No. 84-152 as previously recorded; and all others voting in favour.
NEW BUSINESS
ENVIRONMENTAL ASSESSMENT BOARD - WALKER BROS.
His Worship Mayor Smeaton initiated a discussion regarding a report
discussed at the Municipal Works Committee meeting earlier today. The report
refers to the Amendment to Certificate for Walker Bros. Quarries Limited Waste
Disposal Site, and recommends that the Environmental Assessment Board be advised
that the City of Niagara Falls supports the proposed amendment to the approval
certificate for Walker Brothers Quarries Limited Waste Disposal Site.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett,
that the recommendation in the report be received and adopted.
Carried Unanimousl~.
BUILDING PERMIT/OSCAR MAIDA
Alderman Puttick referred to the matter of building permits, and in
particular, to Mr. Oscar Maida who recently began construction of a wall on his
property and received a "stop work" order from the Buildings and Inspections
Department~because he did not have a permit prior to construction.
The Chief Administrative Officer advised that Mr. Maida had been charged
with building without a building permit, and in reply to questions raised, stated
that this was not the first incident of this kind by Mr. Maida.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that
the Chief Administrative Officer investigate and report to Council on properties
where construction had commenced without permits and no action was taken against
the owner~ over the past 3 months. The motion Carried with the following vote:
AYE: Aldermen Baker, Chessman, Cummings, Hinsperger, Ketghan, Janvary, Orr,
and Putttck.
NAYE: Aldermen Coville, Kettle, Merrett~ and Somerville.
200TH ANNIVERSARY - STAMFORD PRESBYTERIAN CHURCH
Alderman Cummings referred to a letter he had recently received from
Stamford Presbyterian Church which advised of the proposed activities for the
200th Anniversary of the Church on Sunday, July let, 1984, and requested the
re-routing of traffic in the area fro~ 9:30 a.m. to 12:00 noon on that date.
It was the direction of Council that Staff contact the Region regarding this
matter which requires immediate attention.
ANNUAL RUBBISH CAMPAIGN
The Director of Municipal Works discussed the Annual Rubbish Campaign,
providing Council with a verbal report on the matter.
BICENTENNIAL COMMITTEE
Alderman Janvary advised Council that the Committee will consider names
of volunteers submitted for recognition by the Committee, that Council has
been asked to nominate 7 persons for this purpose~ and the deadline i~ -
June 30th, 1984. She stated that elected officials are not eligible.
FORMER POLICE BUILDING
On the motion of Alderman Orr, seconded by Alderman Cummings, Mr. Gabe
Mallouk was granted permission to address Council. Mr. Mallouk referred to
the former Police building, discussed its present condition, and urged Council
to assist in the salvage of the building. It was agreed that Mr. Mallouk would
contact ihs office of Mayor ~meaton or the Chief Administrative Officer for
further discussion of the matter.
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VICTORIA DAY - FIREWORKS DISPLAY
His Worship Mayor Smeaton discussed the successful fireworks display on
Victoria Day, the proceeds of which were submitted to the G.N.G.H. New
Equipment Campaign, and commended the Committee, as follows, for a fine job:
Barbara Scott, Sheena Harris, Rich Judge, Barbara Warman, Lorne Detlor,
Dalton McArthur, Doug Mann, and Bob Wilson.
It was moved by Alderman Puttick, seconded by Alderman Merrett, that the
meeting adjourn. Carried Unanimously.
~TED,
~~TY' CLERK
SPECIAL MEETING
Committee Rooms 2 & 3
June 11, 1984
Council met on Monday, June llth, 1984 at 5:00 p.m. for the purpose of
discussing items of mutual interest with Mr. Vince Kerrio, M.P.P. Ali members
of Council were present with the exception of IIis Worship Mayor Smeaton, and
Alderman Kerrio. His Worship Acting Mayor Patrick Cummings presided as
Chairman.
The Chief Administrative Officer advised that His Worship Mayor Smeaton's
mother passed away this afternoon, and therefore, Mayor Smeaton would not be
present.
ORDERED on the motion of Alderman Somerville, seconded by Alderman Hinsperger,
that Alderman Patrick Cummings be appointed Acting Mayor in the absence of
His Worship Mayor William S. Smeaton. Carried Unanimously.
VINCENT KERRIO~ M.P.P.
His Worship Acting Mayor Cummings advised that the purpose of the meeting
was to discuss items of mutual concern.
Mr. Kerrio expressed appreciation of the opportunity to discuss matters of
mutual interest with Council, and react in a positive way. He referred to the
concern expressed regarding the Fire Code, and advised that he was generally in
support of the Fire Fighters and Chief in responding to questions regarding
whether this might happen. He expressed the opinion that it was best left with
the Ministry of the Solicitor General because the F~re Measures Act was enforced
by thisMinistry. Mr. Kerriu stated~that he..had..conveyed concern'r~gard~ng~this
matter.
During discussion of this matter the Chief Administrative Officer pointed
out that the Solicitor General would be meeting with A.M.O., Fire Chiefs and
representatives of the Unions and Fire Fighters Association to discuss the
amendment to present legislation.
A discussion followed with respect to "grants", with regard to the
Stamford Volunteer Firemen.
Acting Mayor Cummings declared a conflict of interest~ as a member of the
organization.
Mr. Kerrio advised that approval of the grant to the Stamford Volunteer
Firemen had been given, and further, that the Coronation grant in the amount of
$33,000 had been forwarded to the Senior Citizens. He discussed the general
criteria required for grants, and stated that th% "try us" moute..was..the ~ne to
follow. Mr. Kerrio stated that he would forward a copy of the criteria.
The Flood Plain involvement was discussed. Mr. Kerrio advised that there
had been a criteria alteration, using a 100 year cycle. He further advised
that a report had been received regarding this matter and a response to the
report was required by June 30, 1984. Mr. Kerrio stated that the Municipalities
would be given a greater participation. The Chief Administrative Officer stated
that the report had been received by Council, and referred to Staff for study.
It was pointed out that the Regional Municipality had requested a~one m~nth
extension on the matter.
A discussion ensued regarding the reconstruction of the Whirlpool Road
Bridge. Mr. Kerrto referred to the denial of Ontario Hydro to provide funding
for the reconstruction, and stated that Ontario Hydro was experiencing increased
expenditures in many areas, and therefore, assistance from Hydro was unlikely.
Mr. Kerrio discussed Item No. 6, Bed Shortage at the Greater Niagara
General Hospital. He advised that a presentation had been made to the Ministry
on April 5th, by Dr. Krass and Members of the Hospital Board, that a meeting~
had been arranged with the Minister of Health, Honourable Keith C. Norton. Mr.
Kerrio discussed the great need for chronic care beds in order to relieve the
pressure from hospitals, as well as the province-wide need of funding, increased
cost of equipment which is not recovered through the normal depreciation allow-
ance, and the need for a direct appeal for funds. He atated that governments
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had not made allowance for the increase in Senior Citizens, and the tremendous
cost without capital funding. Mr. Kerrio informed Council that the presentation
by the Hospital representatives had been "well received".
Mr. Kerrio replied to questions raised regarding private nursing homes and
referred to the requirements regarding "level of care" in private hospitals.
During a discussion regarding the extension of Urban Boundaries in the
Northwest Sector, Mr. Kerrio advised that a draft of specific questions within
the bounds of the Municipal. Boundaries Act should be forwarded for discussion
with.the Ministry of Housing. The Director of Municipal Works stated that the
Regional policy does not permit extension of urban services, and an extension
of the urban boundaries as well as financial assistance is required for Kalar
Road and Mountain Road. Mr. Kerrio requested a draft of the questions of
concern.
Acting Mayor Cummings referred to Item No. 8, funding for the installation
of trunk services to expedite development and/or allow needed local systems to
proceed. A discussion followed regarding the effect on the Region, Boards of
Education, and Municipalities of changes at the Provincial level, and the
suggestion at the Hospital Board meeting of presenting a "unified front". Mr.
Kerrio referred to the tremendous increases in expenditures and the additional
transfers of funds resulting in an increase in the deficit budget during a
period of high unemployment.
'During a discussion with respect to the assistance in basement flooding
relief, Mr. Kerrio stated that Honourable C. Bennett was in favour of the
.issue, and was being pressured on the matter. He added, however, that no
change was expected in the near future.
Regarding the discussion on the sanitary landfill site extension, tt was
learned that Honourable Andy Brandt had been contacted and the Ministry was
requiring a "last reading". Council was further advised that a decision on
the matter was expected subsequent to the investigation of the run-off at the
site.
The Director of Municipal Works stated that the tests have been completed,
the run-off flows were being monitored, and a request was being made for a 6
month extension in order to be assured that no adverse affects were ~xperienced.
Mr. Kerrio advised that if there was no problem, the extension would be granted.
Alderman Chessman initiated a discussion regarding family violence and
requested that the Ministry give consideration to a more permanent, reliable
type of funding for transition housing. He requested information with regard
to the rural areas in particular.
Mr. Kerrio replied to questions raised regarding the funding of trips made
by the Premier of Ontario. He stated that these were funded privately.
Mr. Kerrlo discussed the Private Member's Bill in connection with tile
disallowance of leg hold traps being used in the City of Niagara Falls. He
stated that legislation on this matter would be forthcoming, and would be
Province-wide.
A discussion ensued respecting the Ontario Waste Management Corporation
and the proposed site for industrial waste in the Golden Horseshoe. Mr. Ker~lo
advised that he had raised the questlon in the legislature and it has been
agreed by the Ministry that a meeting should be scheduled with Mayor Smeaton
and interested persons.
Acting Mayor Cummings expressed appreciation on behalf of Council for
the cooperation of Hr. Kerrio in meeting with Council to discuss matters of
mutual interest., '
It was moved by Alderman Merrett, seconded by Alderman Baker, that the
meettn~ adjourn. Carried Unanimously.
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READ AND ADOPTE~,
ACTING MAYOR PA~CUMMINGS
TWENTY-THIRD MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
June 11, 1984
Council met on Monday, June llth, 1984 at 6:10 p.m. in Committee of the
Whole. Ail members of Council were present with the exception of His Worship
Mayor Smeaton, and Alderman Kerrio. Alderman Janvary presided as Chairman.
Following consideration of the items presented the Committee of the Whole
arose to report in open Council.
ACTING MAYOR PATRICK CUMMINGS
PLANNING/REGULAR MEETING
Committee Rooms 2 & 3
June 11, 1984
Council met on Monday, June llth, 1984 at 7:30 p.m. for the purpose of
considering Planning Matters and general business. Ail members of Council were
present with the exception of His Worship Mayor Smeaton, and Alderman Kerrio.
Alderman Puttick requested one minute of silence in memory of the late Mrs. Anna
Smeaton, mother of His Worship Mayor William S. Smeaton.
RESOLUTION
No. 57 - CHEESMAN - HINSPERGER - RESOLVED that Alderman Patrick Cummings be
appointed Acting Mayor in the absence of His Worship Mayor William S. Smeaton;
AND the Seal of the Corporation be hereto affixed. Carried Unanimously.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Keighan,
that the minutes of the meeting held June 4th, 1984, be adopted as printed.
Carried Unanimously.
PRESENTATIONS
WOMAN OF THE YEAR AWARD - MRS. DONNA TAYLOR
His Worship Acting Mayor Cummings advised that the Woman of the Year Award
'is sponsored by Niagara Women In Crisis in order to salute outstanding women in
this Community. Acting Mayor Cummings presented the Woman of the Year Award to
Mrs. Donna Taylor, 6476 Huggies Street, with the congratulations of Council.
WILD LIFE PRINTS - MR. JOHN PETRELLA
Mr. John Petrella, Artist, 7731 Jubilee Drive, presented 7 Wild Life Prints
he had painted to the City of Niagara Falls. Hie Worship Acting Mayor Cummings
expressed the appreciation of the City to Mr. Petrella for his generous
gesture.
REPORTS - PLANNING MATTERS
No. 308 - (PD/43/84) - Chief Administrative Officer - Re: AM-4/84 Zoning
Amendment application - Proposed establishment of a Service Shop to repair T.V.
and electronic apparatus from an existing accessory building. The report
recommends that the application be approved and Staff prepare an amending by-law
subject to conditions as noted being provided for or resolved.
Acting Mayor C.~mlngs advised that the public meeting was in effect. The
City Clerk advised that the Notices of the Public Meeting had been forwarded to
interested persons by first class ~ail on May 7th, 1984.
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Acting Mayor Cummings advised that any persons wishing to receive further
notice of the passing of the by-law should leave names and addresses with the
City Clerk prior to leaving the meeting.
In response to the request of Acting Mayor Cummings, the Clerk explained
the details of the proposed by-law amendment.
Acting Mayor C,,mmtngs reviewed the procedure under the New Planning Act,
and asked the Senior Planner to explain the purpose of the application. The
Senior Planner stated that the effects of the proposed by-law would be to permit
only the repair of T.V. and electronic apparatus from an existing building and
accommodate a future expansion to it, limiting it to the use of the applicant's
lands only. He reviewed the subject area with the assistance of posted
sketches, and stated that generally there appeared to be no objections or major
concerns expressed on this application. The Senior Planner reviewed information
contained in the Technical Report, particularly related to minor matters which
require attention, i.e., sufficiency of parking; impact on adjacent residential
uses; lighting, signing and hours of operation; fencing; commercial development
in the area; and Commercial zone designation.
Acting Mayor C,,mmtngs requested comments from the Applicant, Mr. R. rime,
who declined to comment at this time.
No response was received in reply to Acting Mayor Cummings' request for
comments from persons, other than the applicant, in support of the by-law; those
persons opposed to the by-law; and a representative of the developer.
The Senior Planner further stated that the application had been circulated
and the purpose of the meeting was to hear concerns of interested persons.
In reply to questions raised regarding the possibility of fencing being required
by adjacent residents in the future, Mr. Zima replied, "I would not give them
any problems".
The Senior Planner informed Council that no questions nor letters of
objection had been received by the Planning Department. Me replied to questions
raised with respect to future additiona.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 309 - (PD/42/84) - Chief Administrative Officer - Re: AMFS/84 Zoning
Amendment application- Proposed selling of propane and diesel fuel from an
existing Gulf Gas Bar located on the north side of Bridge Street, east of
Victoria Avenue. Applicant, Gulf Canada Limited. The report recommends that
the application be approved and Staff prepare an amending by-law, subject to the
submission of a site plan to be approved by the Site Plan Technical Committee
and if required, a Site Plan Agreement be entered into.
Communication No. 213 - Miss Joan Mowatson - Re-' Gulf Gas Bar. The
commanication requests permission to speak at the Council meeting on June llth
and attaches a copy of a letter forwarded by Hiss Rowatson to Gulf Canada
Limited outlining her concerns regarding the proposal.
Acting Mayor C,,mmings advised that the procedure would be similar to that
followed during the discussion of Report No. 308. The City Clerk exp~ained the
details of the proposed by-law changes.
Acting Mayor C-mminss advised that an opportunity to speak would be given
to the Applicant or authorized agent, as well as persons in favour of and
opposed to the application.
The City Clerk informed Council that Notices of the Public Meeting had bee~
forwarded to in}crested parties by first clans mail on May 8th, 1984.
Acting Mayor C,,mmtngs suggested that any persons wishing to receive further
notice'of the passing of the amendment should leave their names and addresses
with the Clerk prior to leaving the meeting.
The Senior Planner explained that the purpose of the application was to
per=it by special provision the storage and.aslling of propane and diesel fuels
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from an existing site currently zoned as Auto Service Station and Gasoline Bar
(AS Zone), permitting gasoline as the only fuel to be sold. He further advised
that the additional selling of fuels would require additional facilities to be
provided for the dispensing of the fuel and it was intended that their location
would be controlled by the existing regulatory provisions in the by-law and
which would be required to be complied with. The Senior Planner reviewed the
facilities on the existing site with the assistance of posted sketches and
discussed the required setbacks for buildings, structures and pump islands
normally associated with gas bars; the by-law requirement of 5% open space; and
the ingress and egress which support the application. He stated that some
adjustment would be required to the location of the proposed dispensing
outlets in terms of 5% landscaping as well as curbing at the site. The Senior
Planner discussed the provision of a small boulevard, and referred to attempts
to improve the site.
In response to Acting Mayor Ci,mmings' request for comments from persons in
support of the application, Mr. C. Wray Hyde, who operates the subject gas bar,
discussed the lack of available space for the suggested boulevard.
Miss Joan Howatson, 4544 Victoria Avenue, reviewed her concerns regarding
the proposal in response to Acting Mayor Cummings' request for comments from
those opposed to the by-law. She referred to her communication to the President
of Gulf Canada Ltd. and quoted from his reply, that the company did not expect
"the service to lead to any significant noise level in the area at the present
time". Miss Howatson agreed to make the communication available to Council.
She expressed her concerns respecting fumes and an increase in the noise level,
particularly with regard to deisel engines. Miss Howatson requested further
information about the physical space in the subject area and expressed a desire
for attention to the environmental aspects of new buildings.
Mr. Jim Fernandez, representative of Gulf Canada Ltd. stated that the firm
did not wish to turn the location into a diesel truck stop. He further stated
that the intention was to provide fuel service to the auto propane market and
a significant increase in the noise level was not anticipated. He replied to
questions raised and remarked that "the point of view of applying for both
propane and diesel is for an efficient point of view".
Mr. Joe Warner, representing Superior Propane, replied to questions raised
regarding the storage of propane fuel. Re stated that the propane dispensing
equipment would be located to the front where traffic could be negotiated on
both sides of the equipment. He further stated that the storage of the fuel
would be located "way hack" in the norther~ part of the lot. Mr. Warner advised
that the company must "abide by the Ontario regulations which call a location of
10 feet from the property line", and in the event of buildings the storage must
he "25 feet away". He discussed the training and licensing of employees to
handle the equipment, the approval of a government inspector prior to selling
the product, and inspection visits in the Niagara Peninsula.
Further discussion followed regarding the possibility of the placement of
portable ~barriers to alleviate the problem of space deficiency. The Senior
Planner agreed that this suggestion could be a good solution to the
ingress/egress problem. Council discussed the comparative noise levels of
propane and gasoline fueled trucks.
ORDERED on the motion of Alderman Baker, seconded by Alderman Merrett, that
the report be received and adopted. .Carried Unanimously.
No. 310 - (PD/44/84) - Chief Administrative Officer - Re: AM-6/84 Zoning
Amendment application - Proposed development of 45 Multi-family units in the
form of Apartments and Townhouse dwellings at 5438 Drummond Road. Applicant -
City of Niagara Falls Non-profit Housing Corporation, A~snt - C. David
Sahrynowski. The report recommends that the application be approved and that
Staff prepare an amending by-law incorporating the various zonin~ aspects noted
in this report,
The City Clerk advised that the proposal requires a redesignation of land
from Institutional (I) to Residential Low Density Group Multiple D~ellings Zone
(Rd Zone). He further advised that the Notices of the Public Meeting were sent
to interested persons by first class mail on May 8t~, 19~4.
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Acting Mayor Cummings asked that persons wishing to receive further notice
of the passing of the by-law should leave their names and addresses with the
City Clerk prior to leaving the meeting.
The Senior Planner explained the purpose and reason for the proposed by-law
amendment. He discussed the site of the lands which are subject to the
application being part of the former Drummond Road Public School site, presently
being the vacant lands to the east of the former school buildings and its access
from Prospect Street, and demonstrated the subject lands with the assistance of
posted sketches. The Senior Planner discussed the regulatory provisions which
require various changes, i.e., frontage, rear yard depth, and fencing, as
outlined in the Technical Report, as well as servicing of the area. Re referred
to noise attenuation measures to be incorporated into the buildings on the site,
and the provision for berming, buffering and construction material.
Acting Mayor C,,mmtngs advised that Council would hear from persons other
than the Applicant in support of the by-law, those opposed to the by-law, a
representative of the developer, and questions from persons present with respect
to clarification of the proposed by-law.
Miss Joan Howatson, 4544 Victoria Avenue, expressed concern for residents
of the proposed units in terms of noise levels with reference to "open windows".
Mrs. Alice HcAndrew, 6060 Britannia Crescent, submitted a signed petition
from residents in the area expressing opposition to the proposed by-law and
referring to the undesirability of low-income housing and increased traffic in
the area. Mrs. McAndrew discussed the regulations regarding frontage and
fencing which are required in the present by-law, and which she stated she did
not wish to have changed. She replied to questions raised by stating that she
was in favour of closing the walkway.
Mr. Antonio Salvatore, 6139 Prospect Street, presented a signed petition
which objected to the zoning by-law amendment which would result in the
depreciation of house values in the area adjacent to the development.
Mr. Joe Loparco, 6000 Britannia Crescent, requested information regarding
the management and maintenance of the property. Re advised that hie family
would be in favour of "Iow density housing" on the subject site. Mr. Lopareo
questioned the advisability of the proposal in terms of noise level and
playground area close to Highway No. 420. He discussed the access route via
Prospect Street to Dr-mmond Road and increased traffic. Mr. Loparco discussed
the specific concerns outlined in the petition, i.e., rear yard depth, fencing,
and the closing of the walkway. ~
The Senior Planner advised that the walkway which is maintained by the
present facility as an open walkway, could be closed. He further advised that
there is a very short distance to be travelled into the major arterial course.
The Senior Planner discussed the by-law requirements for fencing as well as the
proposed buffer and bern which serves the same general purpose as the board
fencing.
Further concerns were expressed by L. Bowman, 5910 Prospect Street, Steve
Skolney, 6028 Britannia Crescent, and Mrs. Elizabeth O'Laughlan, 6018 Prospect
Street, with respect to the size of the subject property, the problems
encountered in low rental housing areas increasing maintenance costs of
adjoining properties, and the devaluation of adjacent homes as a result of the
proposed project. The Senior Planner reviewed the permitted land uses in an
Institutional Zone, and the intended use of the the present building.
Mr. C. David Bahrynowski, Agent for the Applicant, discussed the Assisted
Housing Survey conducted by the Planning Department and the demand for Assisted
Housing Units in the City. He advised that the Province had indicated that the
Community could take advantage of the Provincial Program of Assisted Rousing and
discussed the volunteer efforts of the Committee in this matter· Mr.
Bahrynowski further advised that the development would be managed by the City of
Niagara Falls Non-profit Housing Corporation. He discussed the proposed plans
in detail, i.e., the distribution of units for rental payments per market value,
rent geared to income basis, and the units available for handicapped tenants.
Hr. Bahrynowski pointed out that the density of the project could have been
higher than the proposal. Be discussed plans for leasing of the buildings on
the property back to the School Board, the primary purpose being to maintain the
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existing school facilities for Community uses; the proposed plans for noise
attenuation and negotiation of an acceptable setback. Mr. Bahrynowski stated
that a fence could be constructed if it was the wish of the Community, and
further, that parking bad not been considered a problem. He referred to the
cost of servicing the project and advised that the Non-profit Housing
Corporation was responsible for this area of concern. Mr. Bahrynowski further
advised that the Corporation would be pleased to meet with the appropriate City
Staff to resolve any problems with respect to the use of the facilities.
He suggested that adjacent properties would appreciate in value in terms of the
present permitted uses.
Further discussion followed regarding the possible increase in traffic and
it was pointed out that this area of concern had been considered and it had been
generally agreed that the traffic generated by the project would not affect the
traffic on Prospect Street and Drummond Road. Regional Councillor E. Sherar
stated that there had always been traffic problems at this intersection. The
Senior Planner suggested that this matter could be given further consideration
if it was the wish of Council.
Alderman Chessman declared a conflict of interest because he is employed by
the Niagara South Board of Education.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Keighan,
that the matter be tabled for reconsideration of ingress/egress at the
intersection of Prospect Street and Drummond Road. The motion Carried with
Alderman Chessman abstaining on a conflict of interest previously recorded, and
the following vote:
AYE: Aldermen Baker, Janvary, Keighan, Merrett, Puttick, and Somerville.
HAYE: Aldermen Coville, Hinsperger, and Orr.
Acting Mayor Cummings declared a 5 minute 'break at 9:30 p.m., and following
the break Council reconvened in the Council Chambers for the balance of the
Planning/Regular Meeting.
Alderman Somerville retired from the meeting.
REPORTS - PLANNING MATTERS
No. 311(a) - (PD/45/84) - Chief Administrative Officer - Re: Submission by J.
Grandoni - Forest Glen Subdivision 26T-83005. The report recommends that the
information be received and filed.
. No. 311(b) - (PD/48/84) - Chief Administrative Officer - Re: Proposed Plan of
Subdivision - Forest Glen Estates, File No. 26T-83005 - G. Schneider
Construction Ltd. The report recommends that the supplemental information
contained in this report be considered by Council in their review of the
proposed Forest Glen Estates Subdivision.
Miss Jean Grandoni was granted permission to address Council on the motion
of Alderman Rinsperger, seconded by Alderman Orr. She indicated that she was
not satisfied with the response in the report to her question number 8 with
respect to the cost of upgrading the Kalar Road Pumping Station. Miss Grandoni
expressed concern with respect to adequate water pressure in connection with
the watercourse at Montrose Road, and the amount of vacant acreage from lapsed
draft plans in the Northwest area. She requested information regarding the
expenditure required for as adequate water supply while utilizing the N.S. & T.
to Thorold Stone Road.
The Senior Planner advised that it would be necessary to contact the
Regional Municipality to determine a cost estimate for upgrading the Ealar Road
Pumping Station. Re advised that the Planning Department had 'attenpted to
address the concerns expressed by Hi~s Orandoni, and that this meeting had been
arranged for a final decision on the matter.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that
the reports be received and filed, and further, that the concerns expressed by
Miss Grandoni be referred to,Staff for investlsation and report.
Carried Unaninouel[,
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No. 312 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, Dell
Park Extension No. 1 - File No. 26T84005 - James Wallace and Steve Wldema. The
report recommends that Council give the applicant or agent an opportunity to
explain the proposed subdivision and hear any interested parties that may wish
to express an opinion in favour or against the proposal and that Staff continue
to process the application.
The City Clerk discussed the purpose of the application and advised that
advertisements had been placed in the local newspaper on May 25th, and June let,
1984, advising of the meeting. Re stated further that the Applicant had
received notification of the meeting.
In response to Acting Mayor C~,mmtnge' request for comments, Mr. Jim Wallace
Applicant, and Mr. Frederick Ute, O.L.S. indicated their presence at the
meeting. No other response was received.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Cheesman,
that the report be received and adopted. Carried Unanimously.
No. 313 - (PD/47/84) - Chief Administrative Officer - Re: Planning and
Development Department Activities for April and May, 1984. The report
recommeude that the information be received and filed. ORDERED on the motion of
Alderman Chessman, seconded by Alderman Hinsperger, that the report be received
and filed. Carried Unanimously.
DEPUTATIONS
PENDING RAILWAY TRANPORT COMMITTEE REARINGS OF C.T.C.
The following representatives of CP Rail attended the meeting and requested
permission to address Council:
Mr. R. A. (Rick) Sallee, General Manager, Toronto, Marketing & Sales;
Mr. D'Alton C. Coleman, Vice-President, Eastern Region;
Mr. W. J. (Bill) Munford, Manager of Development.
Mr. D'Alton Coleman referred to his previous attendances at meetings of the
Council of the City of Niagara Falls, and Council's former resolution to the
C.T.C. to support the competitive bid of Cantunn Inc. to acquire the Canadian
assets of Conrail. Mr. Coleman stated that it was not the ~ntention of CN Rail
to reduce the work force in its operation between Welland and Niagara Falls;
discussed the pension plan based on 30 years of service; and the upcoming
Hearings of the Railway Transport Committee of the C.T.C.
Mr. Coleman advised that Hontrose yard would be maintained for servicing
of the industry and making interchanges with Conrail in Niagara Falls. Me
referred to the C.A.U.S.E. Report and advised that the company would not be in
opposition to the suggestion in the Report. He expressed concern with respect
to "wheel vehicles" on the railway right-of-way, and his willingness to consider
the matter. Mr. Coleman referred to surplus lands, the support his company had
received from local industries, and euggaated that the City of Niagara Falls
should support CN/CP.
Following a discussion on the matter it was moved by Alderman Merrett,
seconded by Alderman Hinsperger, that the matter be tabled and a macline be
scheduled, as soon aa possible, between representatives of Cantunn Inc., CN/CP,
Union representatives and others involved, as well as Council and Staff. The
motion Carried with the following vote:
AYE: Aldermen Cheesman, Coville, Minsperger, Janvary, Merrett, and Orr.
NAYE: Aldermen Baker, Ketghan, and Vuttick.
RESIDENTS OF STAMFORD GREEN PLAZA
Mr. Bill De Oroot did not attend the Council meeting.
Alderman Puttick advised that Mr, Oscar Ma:da had been in contact with him
and expressed a desire to address Council regarding the concerns of residents of
the Stamford Green Plaza with respect to recent construction by Hr. Maids.
Alderman Puttick advised that Mr. Maida had begun construction on a wall without
applying for a building permit, had subsequently been contacted by City Staff
concerning the need for a permit, had offered to tear down the wall and been
advised that it would not be necessary, but that a building permit should be
obtained. Mr. Maids had obtained the permit, and subsequently received a
Summons.
Mr. Oscar Maids was granted permission to address Council on the motion of
Alderman Puttick, seconded by Alderman Merrett. A~ interpreter addressed
Council on behalf of Mr. Maida. He advised that the intention in building the
wall had been to enclose the entrance to the apartment, and had assumed that a
building permit was not required for "a wall inside the building". The Building
Inspector had told Mr. Maids to stop the work. Mr. Maida had been willing to
tear down the wall, but had been advised that it would not be necessary, and to
get a building permit.
The Deputy Director of Buildings & Inspections advised that he had been in
contact with Mr. Maida regarding the matter, had advised Mr. Maida that it would
not be necessary to tear down the wall, and suggested that Mr. Maida should
apply for a building permit. Council was advised that application was made on
May 25th, 1984.
The Chief Administrative Officer advised that charges had been laid and the
matter would be going to Court, therefore, any discussion at a public meeting
would be prejudicial to beth parties.
O.W.M.C. PROPOSED INDUSTRIAL WASTE SITE
Mr. Tom Prue was granted permission to address Council on the motion of
Alderman Orr, seconded by Alderman Cheesman. Mr. Prue referred to 50 dump sites
adjacent to the Niagara River, and to the report of the Ontario Waste Management
Corporation (O.W.M.C.) concerning proposed sites for industrial waste. He
suggested that Council arrange a referendum vote regarding the detrimental and
hazardous effect of the proposed site and forward it to M.P.P. Acting Mayor
C,,mming8 advised that Council has been concerned about this matter for some time
and that the matter was being addressed.
COMMUNICATIONS
No. 214 - Ministry of Municipal Affairs & Housing - Re: The Municipal Conflict
of Interest Act, 1983. The communication attaches Bulletin 49 of the Municipal
Conflict of Interest Act, 1983 outlining major changes in the Act.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the
commu~tcation be received and filed. Carried Unanimously.
No. 215 - Ministry of Municipal Affairs & Housing - Re: First Reading of Bill
60. The communication attache8 copies of Bill~60 for the information of
Council.
ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the
communication be received and filed· Carried Unanimously.
No. 216 - Town of Milton - Re: Drinking & Driving. The communication requests
the endorsation of Council regarding a resolution to the Province in connection
with drinking and driving.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Baker, that the
communication be received and filed. The motion Carried with the following
vote:
AYE: Aldermen Baker, Hinsperger, Janvary, Keighan, Merrett, and Puttick.
NAYE: Aldermen Chessman, Coville, and Orr.
No. 217 - Town of Fort Erie - Re: Market Value Assessment. The communication
asks Council to endorse the resolution to oppose Market Value Assessment.
ORDERED on the motion of Alderman Orr, seconded by Alderman Rlnsperger, that the
communication be received and filed as the issue will be the subject of
consideration by delegates to the forthcoming A.M.O. Conference·
~arried Unanimously,
No. 218 - Raaidents of Britannia Crescent - Re: Petition to change parking.
· The communication in the form of a petition requests Council to approve parking
on the north side from 5995 to 6009 Britannia Crescent from the 1st to the 15th
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of each month, and on the south side from 5988 to 6028 Britannia Crescent from
the 16th to the 31st of each month.
Mrs. Millie Orescanin, 5995 Britannia Crescent, discussed the problem
created by lack of parking in the area for visitors.
ORDERED om the motion of Alderman Cheesman, seconded by Alderman Baker, that the
matter be referred to the Parking Committee for consideration. It was further
recommended that the concerned residents be advised of the date of the Parking
Committee meeting. Carried Unanimously.
No. 219 - Niagara College - Re: 2nd Annual Shtnerama Niagara. The
communication advises of the above fund raising campaign for Cystic Fibrosis
research and asks Council to approve a proclamation.
Alderman Orr declared a conflict of interest as an employee of Niagara
College.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker,
that the request be approved subject to established policy. The motion Carried
with Alderman Orr abstaining from the vote on a conflict of interest previously
recorded, and all others voting in favour.
No. 220 - Ontario Waste Management Corporation (O.W.M.C.) - Re: Funding for
site selection and facilities. The communication advises that the Corporation
will provide funds to eligible participants through the Hearing Panel, in the
amounts approved by the Panel and submission to the Panel on the issue of
hearing procedures and public funding will be made as soon as possible.
ORDERED on the motion of Alderman Coville, seconded by Alderman January, that
the communication be received and filed. Carried Unanimously.
No. 221 - Cit~ of Vancouver - Re: Nuclear Weapons Free Zone. The communication
attaches a resolution to the Provincial Government regarding a referendum to
declare Canada a Nuclear Weapons Free Zone, and urges that similar actions be
taken in the cause of peace and the abolition of nuclear weapons.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Coville, that
the communication be received and filed. It was further recommended that
information be received regarding the effect of the resolution in connection
with the Federation of Canadian Municipalities (F.C.M.). Carried Unanimousl~.
No. 222 - ~it~ of St. Catharines - Re: City Float. The communication advises
of the Bicentennial Parade scheduled for Monday, August 6th, 1984, and attaches
a Parade Entry Form and letter to Parade participants in order that the City of
Niagara Falls Float might participate in the parade. Alderman Puttick requested
information concerning the funding for this event. It was agreed that this
information would be submitted.
ORDERED on ~he motion of Alderman January, seconded by Alderman Coville, that
approval be given. Carried Unanimousl~.
No. 223 - Niagara Peninsula Conservation Authorit~ - Re: Report of Flood Plain
Review Committee on Flood Plain Management in Ontario. The communication
provides recommendations of the N.P.C.A. in connection with the above mentioned
report for the consideration of Council.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Baker, that the
matter be referred to the Planning Department for consideration.
Carried Unanimousl~.
REPORTS
No. 314 - Municipal Works Committee - Re: Portage Road Bridge Over H.E.P.C.
Canal - Relocation of Sidewalk & Watermain. The report recommends that the
information contained therein be received and filed for information.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hlnaperger, that the
report be received and filed. Carried Unanimously.
No. 315 - Chief Administrative Officer - Res 1984 Tender for Extermination of
Rats, Groundhogs, Skunks, and Bees. The report recommends that the tender
subm/tted by PC0 Services Ltd. in the amount of $4,820.00 for the elimination of
rats, groundhogs, skunks, and been, commencing July 1, 1984, be accepted.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that
the report be received and adopted· Carried Unanimously.
"See Resolution No. 58.
8me B~-law No. 84-158.
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No. 316 - Chief Administrative Officer - Re: Contract R.C. 15/84 - Finished
Road Construction in Ascot Woods Extension Subdivision, and Sidewalks in Bambi
Estates Subdivision. The report recommends that the unit prices submitted by
the low tenderer, Alfidome Construction Limited, be accepted by Council.
ORDERED om the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
See Resolution No. 59.
See By-law No. 84-157.
No. 317 - Municipal Works Committee - Re: Replacement Vehicles. The report
recommends that authorization to proceed with tendering for the replacement of 3
cars~ 5 vans and 6 pick-ups for the City vehicle fleet be granted.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Keighan, that
the report be received and adopted. Carried Unanimously.
No. 318 - Chief Administrative Officer - Re: Financing Local Improvements. The
report recommends that Council pass the by-law appearing on this evening's
agenda that sets the rates to provide for the payment of the owners' portion of
certain local improvements.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cheesman,
that the report be received and adopted. Carried Unanimously.
See By-law No. 84-159.
No. 319 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $200,417.89 for the one week period
ending June llth, 1984 be approved by the passing of the By-law appearing later
on the agenda.
Alderman Coville declared a conflict of interest on Cheque No. 00776 as the
person involved.
Alderman Hinsperger declared a conflict of interest on Cheque No. 00787
because he is employed by the company.
Acting Mayor Cummings declared a conflict of interest on Cheque No. 00800
because a member of his family is involved in the program.
Alderman Janvary declared a conflict of interest on Cheque No. 00841 as the
person involved.
Additional information was provided for Cheque No. 00788.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker, that
the report be received and adopted. The motion Carried with Aldermen Coville,
Hinsperger, Acting Mayor Cummings, and Alderman Janvary abstaining from the vote
.on conflicts of interest on Cheques No. 00776,'00787, 00800, and 00841
consecutively, as previously recorded, and all others voting in favour.
No. 320 - Chief Administrative Officer - Re: Falls Industrial Park Extension -
Lot 23, Plan 243. The report recommends that Council approve the re-sale of Lot
23, Registered Plan 243 from Mr. Larry Vaughan to Mr. Kenneth Williams, subject
to the conditions contained in the report.
ORDERED on the motion of Alderman Puttick, seconded by Alderman January, that
the report be received and adopted. Curried Dnanimousl~.
RESOLUTIONS
No. 58 - HINiPERGER - JANVARY - RESOLVED that the unit prices submitted by PCO
Services Ltd. for the elimination of rate, groundhogs, skunks, and bees,
commencing July 1, 1984, be accepted at the low tendered amount of $4,820.001
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 59 - CHEESMAN - BINSPERGER - RESOLVED that the unit prices submitted by
Alfidome Construction Limited for Contract R.C. 15/84 - finished road
construction in Ascot Woods Extension Subdivision, and sidewalks in Bambi
gstate~ Subdivision, be accepted at the low tendered amount of $78,060,50; AND
the 8eel of .the Corporation be hereto affixed·
Carried Unanimously.
· . · . 10
- 10 -
BY-LAWS
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville, that
leave be granted to introduce the following by-laws and the by-laws be read a
first time:
No. 84-153 - A by-law to appoint a Lottery Licensing Officer.
No. 84-154 - A by-law to amend By-law No. 3790, being a by-law for the
regulation of traffic.
No. 84-155 - A by-law to close Dennis Lane and portions of Brock Street and St.
Patrick Avenue to vehicular traffic on a temporary basis.
No. 84-156 - A by-law to establish rental rates for City Arenas.
No. 84-157 - A by-law to authorize the execution of an agreement with Alfidome
Construction Limited for finished road construction in Ascot Woods
Extension Subdivision and sidewalks in Bamhi Estates Subdivision.
No. 84-158 - A by-law to authorize the execution of an agreement with PCO
Services Limited for rodent control services.
No. 84-159 - A by-law to impose special rates to provide for the payment of the
owners' portion of the cost of certain local improvements·
No. 84-160 - A by-law to provlde monies for general purposes.
The motion Carried with Alderman Keighan voting contrary on By-law No. 84-154;
Acting Mayor Cummings and Aldermen Coville, Einsperger, and Janvary abstaining
from the vote on conflicts of interest on By-law No. 84-160; and all others
voting in favour.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hlnsperger, that the
following by-laws be now read a second and third time~
No. 84-153 - A by-law to appoint a Lottery Licensing Officer.
No. 84-154 - A by-law to amend By-law No. 3790, being a by-law for the
regulation of traffic.
No. 84-155 - A by-law to close Dennis Lane and portions of B~0ck Street and St.
Patrick Avenue to vehicular traffic on a temporary basis.
No. 84-156 - A by-law to establish rental rates for City Arenas.
No. 84-157 - A by-law to authorize the execution of an agreement with Alfidome
Construction Limited for finished road construction in Ascot Woods
Extension Subdivision and sidewalks in Bambi Estates Subdivision.
No. 84-158 - A by-law to authorize the execution of an agreement with PC0
Services Limited for rodent control services.
No. 84-159 - A by-law to impose special rates to provide for the payment of the
ownerst portion of the cost of certain local improvements.
No. 84-160 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Keighan voting contrary on By-law No. 84-154;
Acting Mayor Cummings and Aldermen Coville, Einsperger, and Janvary abstaining
from the vote on conflicts of interest previously recorded on By'law No.
84-160; and all others voting in favour.
NEW BUSINESS
,H~,p~A~E OF CONDOLENCE - ENRICO 8PIRONELLO
It was moved by Alderman Orr, seconded ~y Alderman Coville, that a message
of condolence be forwarded to the f~!ly of the late Enrico "Nenry'~ Spironello.
Carried Unanimously.,
- 11 -
CANADIAN RACING PLATE
Alderman Merrett initiated a discussion regarding the noise level at the
Canadian Racing Plate Co. Ltd., 4141 Victoria Avenue. The Chief Administrative
Officer advised that calls had been received from residents in the Glenview
area,
ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the
Chief Administrative Officer investigate the matter and report to Council.
Carried Unanimously.
STATEMENT OF CONTRIBUTIONS & EXPENSES/JOHN GRAASKAMP
Alderman Merrett requested information with respect to the above mentioned
statement in connection with Mr. John Graaskamp. The City Clerk advised that
the report had not been received. It was agreed that Staff would proceed with
legal action in this matter.
CHARGES FOR CASHING TRAVELLERS CHEQUES
Alderman Putttck advised that it had been brought to his attention that the
Bank of Montreal was charging $1.00 for cashing Travellers Cheques. He had
investigated this matter and learned that other banks and trust companies did
not have this service charge.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that
the matter be referred to the Niagara Falls, Canada, Visitor and Convention
Bureau for consideration. Carried Unanimously.
ROAD CONDITION/MAIN STREET; CHIPPAWA
Alderman Hinsperger referred to the road condition of Main Street in
Chippewa and requested information regarding the expected time of resurfacing.
The Director of Municipal Works advised that it was understood the Regional
Municipality intended to pave the entire section of Main Street, Chippawa, in
the early fall of 1984.
FORMER POLICE BUILDING
Alderman Cheesman initiated a discussion regarding the former Police
Building, the 1984 Assessment in the amount of $236,000., and the condition and
maintenance of the structure. It was agreed that this matter would be referred
to Staff for investigation and a report.
CONDITION/iLO-PITCH DIAMONDS
Alderman Baker discussed the condition of the slo-pitch diamond at the
Niagara South Arena and the drainage problem at the site. Acting Mayor Cummings
advised that there had been similar problems at Kef Park. He stated that the
City of St. Catharines had taken successful action to solve similar situations.
It was agreed that the matter would be referred to Staff for an investigation
and report.
It was moved by Alderman Puttick, seconded by Alderman Merrett, that
approval be granted to proceed past 11:00 p.m. Carried Unanimously.
.MESSAGE OF CONDOLENCE - MRS. ANNA SMEATON
It was moved by Alderman Coville, seconded by Alderman Janvary, that a
message of condolence be forwarded to the family of the late Mrs. Anna Smeaton,
mother of His Worship Mayor William S. Smeaton. Carried Unanimously.
It was moved by Alderman Puttick, seconded by Alderman Orr, that the
meeting be adjourned. Carried Unanimously.,
;* BRENNAN,
ACTING MAYOR ~P,A'TRICK CUMMINGS
TWENTY-FOURTH MEETING
Committee Room
June 18, 1984
COMMITTEE OF THE WHOLE
Council met on Monday, June 18th, 1984 at 7:15 p.m. in Committee of the
Whole. All members of Council were present with the exception of Aldermen
Keighan, and Puttick. Alderman Merrett presided as Chairman.
Following consideration of the item presented the Committee of the Whole
arose without reporting.
D~OPTED,
MAYOR ~IAM S. SMEATON
Council Chambers
June 18, 1984
Council met on Monday, June 18th, 1984 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Aldermen Keighan, and Puttick. His Worship Mayor Smeaton
presided as Chairman. Alderman Coville offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary,
that the minutes of the meetings held June llth, 1984 be adopted as prin~ed.
Carried Unanimously.
COMMUNICATIONS
No. 224 - Regional Nialara Plannin~ & Development Department - Re: Housing
Sites Inventory and Population Data. The communication attaches copies of the
above mentioned reports for the information of Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
the communication be received and filed. It was further recommended that a
copy of the communication be forwarded to the Social Planning Council.
Carried Unanimously.
No. 225 - City of Windsor - Re: Mailing of Tax Bills. The communication
expresses concern with the proposal of the Province of Ontario to increase the
time between the mailing out of tax bills, and the first due date.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
the communication be received and filed. Carried Unanimously.
No. 226 - Mike Breauih; M.P.P. Oshawa - Re: Provincial Budget. The communi-
cation discusses the concern of Municipalities in Ontario regarding the impact
of the Provincial budget on the ability of the Municipalities to deliver
quality servlces to their communities.
ORDERED on the motion of Alderman Kerrto, seconded by Alderman Covllle, that
the matter be referred to the Treasury Department for'a report.
Carried Unanimously.
No. 227 - Canada Employment Centre for Students - Re: "Hire A Student" Flag.
The communication requests the approval o~'~uncil to promote the hiring of
students by flying the nHtre A Student" flag at City Hall.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger,
that the request be approved. ~a~ried Unantmovsly.
No. 228 - Niagara Falls Ladies Fastbal! League - Re: Annual Tournament -
August 3rd to 6th, 1984, at Kef Park. ~e commlunication requests a special
occasion permit for the aforementioned event.
-2 -
It was generally agreed that the Niagara Falls Ladies Fastball League
should contact the Ladies Auxilliary of Boys Minor Softball to reach an
agreement on food being served in the Concession at the park, as well as
beer.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett,
that the request of the Niagara Falls Ladies Fastball League for a special
occasion permit for the annual Tournament to be held on August 3rd, 4th,
5th, and 6th, 1984, to be held at Kef Park, Niagara Falls, be approved,
subject to the approval of the Regional Police Department, the Niagara
Falls Fire Department, the Niagara District Health Unit, and the Liquor
Licensing Board of Ontario. Carried Unanimously.
No. 229 - Lions Club~ Niagara Falls - Re: Niagara Falls Lions Walk-a-Thon.
The communication advlses of the aforementioned Walk-a-Thon to be held on
Saturday, October 13th, and in the case of rain, October 20th, 1984, to
raise funds for the purchase of new equipment to be donated to the Greater
Niagara General Hospital, and requests permission to hold the event.
ORDERED on the motion of Alderman Coville, seconded by Alderman Somerville,
that the request be approved subject to the approval of the Regional
Munic£pality. Carried Unanimously.
REPORTS
No. 321 - Chief Administrative Officer - Re: Amended Site Plan Approval -
Proposed Campground and Trailer Park, 9387 Lundy's Lane (N/W corner of Garner
Road). The report recommends that the Council approve the site plans on
display at tonight's meeting, being a proposed trailer camp, and the site plan
being sheet 1 of 6 as amended, and the storm drainage and roads plan being
sheet 2 of 6, and the sanitary sewers'~ plan being sheet 3 of 6 as amended,
and the water supply plan being sheet 4 of 6, and filed with the Buildings
and Inspections Department of the City of Niagara Falls on June 18th, 1984,
and that such approval be subject to the conditions outlined in the report.
Bis Worship Mayor Smeaton requested comments from anyone wishing to
discuss the matter, and received no response.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hinsperger,
that the report be received and adopted. The motion Carried with the
following vote:
AYE: Aldermen Baker, Chessman, Coville, Cummings, Hinsperger, .Kerrio,
Merrett, Orr, and Somerville. ~
NAYE: Alderman Janvary.
No. 322 - Chief Administrative Officer - Re: The Buildings and Inspections
Department, Report for May 1984. The report provides information regarding
Permits Issued, and Highlights for May 1984, as well as June Proposals.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary,
that the report be received and filed for the information of Council.
Carried Unanimously.
No. 323 - Chief Administrative Officer - Re: Contract R.C. 17/84 - Finished
Road Construction in Moretta Estates Subdivision - Stage I. The report
recommends that the unit prices submitted by the low tenderer, Steed & Evans
Limited, be accepted by Council.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett,
that the report be received and adopted. Carried Unanimopsly.
See Resolution No. 62.
See By-law No. 84-164.
No. 324 - Chief Administrative Officer - Re: Contract $.S. 18/84 - Sanitary
Sewer Installation on Simcoe Street and Third Avenue. The report recommends
that the unit prices submitted by the low tenderer, Provincial Construction
Limited, for Contract 8.8. 18/84 be accepted by Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Htnsperger,
that .the report be received and adopted. ~rrled Unanimous~y.
See Resolution No. 63.
See By-law No. 84-163.
3
No. 325 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $794,280.94 for the one week period
ending June 18th, 1984, be approved by the passing of the by-law appearing
later on the agenda.
Alderman Hinsperger declared a conflict of interest on Cheque No.
00936 because he is employed by the company.
Alderman Cummings declared a conflict of interest on Cheque No. 01082
because he is a member of the organization.
Additional information was provided on Cheques No. 00945, 00994, 01030,
and 01047.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Coville, that
the report be received and adopted. The motion Carried with Aldermen
Hinsperger and Cummings abstaining from the vote on Cheques No. 00936 and
01082 consecutively, on conflicts of interest previously recorded, and all
others voting in favour.
No. 326 - Chief Administrative Officer - Re: Proposed Closing and Sale of:
1) Lane or Walkway between Epworth Circle and Ryerson Crescent opposite Rice
Crescent (Walkway 32 (1);
2) Lane between Glenayr Avenue to Glengate Park in Registered Plan No. 233
for the City of Niagara Falls (Walkway 18).
The report recommends that Council pass the by-laws listed on tonight's
agenda to assume the above two lanes or walkways.
In reply to questions raised regarding opposition to the closing of
Walkway 32 (1), Council was advised that no objections had been recently
received.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. The motion Carried with Alderman
Janvary voting contrary on Item 1, and all others voting in favour.
No. 327 - Chief Administrative Officer - Re:
1) Municipally Owned Lands;
2) Former Village of Chippewa.
See By-law No.~84-161,
and By-law No. 84-162.
Revisions of Leases:
Tbs report recommends that the City Council approve of a 10% increase
in the licence fees for the use of various "s}~eet ends" abutting the Welland
River in the former Village of Chippawa.
Alderman Orr declared a conflict of interest because a member of the
family is involved in leasing;land from the City.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman
Baker, that the report be received and adopted. The motion Carried with
Alderman Orr abstaining from the vote on a conflict of interest previously
recorded, and the following vote:
AYE: Aldermen Baker, Cheesman, Coville, Cummings, Hinsperger, Kerrio,
Merrett, and Somerville.
NAYE: Alderman Janvary.
No. 328 - Chief Administrative Officer - Re: C.N. Rail's proposal to remove
Cabooses from Freight Trains in Canada. The report recommends that the
information contained therein be received and filed.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that
the report be received and filed. Carried Unanimously.
No. 329 - Chief Administrative Officer - Re: Pornography/Prostitution Study
= Social Planning Council. The report recommends the following:
-4-
1) That the recomraendations contained on Pages 1 to 5 inclusive of the report,
along with No. 1 on Page 6, be endorsed by City Council; AND
2) That Council determine if it wishes to adopt Item 2 on Page 6 by the
passing of a by-law to regulate the sale of adult books and magazines.
ORDERED on the motion of Alderman JanPary, seconded by Alderman Orr,
that the report be received and adopted, and further, that the matter be
referred to the Solicitor for the preparation of a by-law.for Recommendation #2.
Carried Unanimously.
-No. 330 - Chief Administrative Officer - Re: AM-12/83, Sunoco Inc. -
Northeast Corner Dorchester and McLeod Roads. The report recommends that the
date of the Ontario Municipal Board hearing be noted and this report-be~ ' ~
received and filed.
ORDERED on the motion of Alderman Cummings, seconded by Chessman, that the
report be received and adopted.....Carried .UnAnimov~ly.
No. 331 - Chief Administrative Officer - By-law No. 84-10 - Election Contributions
and Expenses - Contravention by Mr. John Graaskamp. The report recommends that
the information be received and filed.
- AND -
Communication No. 230 - John Graaskamj! - Re: List of Expenses and Receipts.
The communication includes information regarding the campaign expenses and
receipts for Mr. Oraaskamp. The City Clerk advised that he had met with Mr.
Graaskamp, and had learned that Mr. Graaskamp had been out of the City, and
therefore, had not received the communication regarding this matter.
ORDERED on the motion of Alderman Baker, seconded by Alderman Orr, that the
report and communication be received and filed. Carried ~
Verbal Report' No. 1 - Director of Municl al Works - Re: Whirlpool Road
Bicentennial Bridge. The Director of Municipal Works advised that the work
on the bridge would be completed tomorrow and the bridge would be opened.
Verbal Report No. 2 -Dlrector Of _Mu~ - Re: City Float. Council
was advised that the C~-~y F--~oat'~a~ participated in the Welland Rose Festival
parade had placed first as "Best Civic Float", and an award of $200 had been
received.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that
a letter of commendation be forwarded to Mr. Derek Costello concerning the
Float. Carried Unanimously. ~
RESOLUTIONS
No. 62 - HINSPERGER - MERRETT - RESOLVED that the unit prices submitted by
Steed & Evans Limited, for Contract R.C. 17/84 - finished road construction
in Moretta Estates Subdivision, Stage I, be accepted at the low tendered
amount of $67,630.25; AND the Seal of the Corporation be hereto affixed.
· Carried Unanimously.
No. 63 - CU~ING~- HINSPERGER - RESOLVED that the unit prices submitted by
Provincial Construction Limited for Contract S.S. 18/84 - sanitary sewer
installation on Simcoe Street and Third Avenue, at the low tendered amount
of $65,475.70, be accepted; AND the Seal of the Corporation be hereto affixed.
CarriedUnanimously.
BY-LAWS
ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Hlneper8er,
that leave be granted to introduce the following by-laws, and the by-laws be
read a first t%me=
No. 84-16.__.___~1 - A by-law to assume the lane or walkway between Epworth Circle
and Ryerson Crescent opposite Rice Crescent in Registered Plan
No. 285.
-5 -
No. 84-162 - A by-law to.assume the lane between Glenayr AveDue and Glengate
Park in Registered Plan No. 233 for the City of Niagara Falls.
No. 84-163 - A by-law to authorize the execution of an agreement with Provincial
Construction (Niagara Falls) Limited for sanitary sewer installation
on Simcoe Street and Third Avenue.
No. 84-164 - A by-law to authorize the execution of an agreement with Steed and
Evans Limited for finished road construction in Moretta Estates
Subdivision - Stage I.
No. 84-165 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Janvary voting contrary on By-law No. 84-161;
Aldermen Hinsperg~r, and Cummings abstaining from the vote on conflicts of
interest on By-law No. 84-165, as previously recorded in Report No. 325; and
all others votlng in favour.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker, that
the following by-laws be now read a second and third time:
No. 84-161 - A by-law to assume the lane or walkway between Epworth Circle and
Ryerson Crescent opposite Rice Crescent in Registered Plan No. 285.
No. 84-162 - A by-law to assume the lane between Glenayr Avenue and Glengate
Park in Registered Plan No. 233 for the City of Niagara Falls.
No. 84-16~3 - A by-law to authorize the execution of an agreement with Provincial
Construction (Niagara Falls) Limited for sanitary sewer installation
on Stmcoe Street and Third Avenue.
No. 84-164- A by-law to authorize the execution of an agreement with Steed and
Evans Limited for finished road construction in Moretta Estates
Subdivision - Stage I.
No. 84-165 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Janvary voting contrary on By-law No. 84-161;
Aldermen Hinsperger, and Cummings abstaining from the vote on conflicts of
interest on By-law No. 84-165, as previously recorded; and all others voting
in favour.
NEW BUSINESS
UNEMP~LOYED WORKERS' COALITION - GRANT REQUEST
Alderman Cheesman, Chairman of the Finance Committee, advised that the
request for a grant in the amount of $500 by the Unemployed Workers' Coalition
had been considered at the Finance Committee meeting today. The Finance
Committee had recorra~ended that a grant of $200 be approved.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that a grant of $200 be approved for the Unemployed Workers' Coalition. The
motion Carried with the following vote:
AYE: Aldermen Chessman, Coville, Cummings, Hineperger, Janvary, Kettle,
Merrett, Orr, and Somerville.
NAYE: Alderman Baker.
CONGRATULATIONS TO MR. JOHN TURNER
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio,
that a letter of congratulations be forwarded to Mr. John Turner, the new
L~ader of the Liberal Party Of Canada, and PrimeMlnleter Elect.
Carri_____ed Unanl~
COMING EVENTS
His Worship Mayor Smeaton referred to the handout information received
with respect .to ~he Netherlands Chamber Choir presenting "Music fro~ Holland"
-6 -
at the Mount Carmel Monastery, 7035 Portage Road, on Thursday, June 21st, 1984
at 8:00 p.m.
Mayor Smeaton referred to the Ball Game between the Children's Core
Residence Staff, and Council and City Staff on August 12th, 1984, at 6:00 p.m.
at A.G. Bridge Park.
Alderman Janvary referred to the Golf Tournament for City Staff on June 24th
and advised that Council was invited to participate.
Alderman Janvary stated that she was taking part in the Bike Ride of the
Niagara Classic on Friday, June 22nd, 1984 at 6:00 p.m. in Thorold.
Mayor Smeaton discussed the upcoming meeting between the Niagara South
Board of Education Trustees, Council and City Staff on Tuesday, June 19th,
1984 7:00 p.m. at the Niagara Falls Public Library.
The Chief Administrative Officer referred to the tentative meetipg to
be held on Thursday, June 21st, 1984 at 4:00 p.m. between representatives of
CN/CP, Cantunn, Council and Staff.
It was moved by Alderman Merrett, seconded by Alderman Cummings, that
Council adjourn to Committee of the Whole.
DOPTED, ~''YO~
June 18, 1984
Council met on Monday, June 18th, 1984 at 8:00 p.m. following a Regular
Meeting. Ail members of Council were present with the exception of Aldermen
Keighan, and Puttick. Alderman Merrett presided as Chairman.
Following consideration of the items presented, the Con, nitres of the
Whole arose without reporting.
~ED,
~COUNCIL MEETING
S. SMEATON
Council Chambers
June 18, 1~84
Council reconvened in formal session on Monday, June 18th, 1984 following
a meeting in Committee of the Whole. All members of Council were present with
the exception of Aldermen Keighan, and Puttick. His Worship Mayor Smeaton
presided as Chairman·
~he meeting adjourned.
TWENTY-FIFTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
June 25, 1984
Council met on Monday, June 25th, 1984 at 6:00 p.m. in Committee of the
Whole. All members of Council were present with the exception of Alderman
Keighan. Alderman Orr presided as Chairman.
Following consideration of the items presented the Committee of the Whole
arose to report in open Council.
CLERK / MAYOR ~CLIAM S. SMEATON
REGULAR MEETING
Council Chambers
June 25, 1984
Council met on Monday, June 25th, 1984 at 7:00 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman Keighan. His Worship Mayor Smeaton presided as Chairman.
Alderman Kerrio offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hlnsperger, that the minutes of the Special Meeting held June llth, and the
meeting held June 18th, 1984, be adopted as printed. Carried Unanimously.
UNFINISHED BUSINESS
ONTARIO WASTE MANAGEMENT CORPORATION - PROPOSED SITES
Alderman Coville introduced the following members of the O.W.M.C. Research
Team ~hich had been formulated to study the proposed industrial waste sites:
Ms. Gretchen /deBoer, Mr. Rafael Seraftn, and Dr. Frank Hume. She expressed
appreciation of the assistance received from Regional Councillor Peter Sobol.
Regional Councillor Sobol advised that this was a well qualified team
which had been selected from 3 major Universities, and requested the
assistance and co-operation of Council. The efforts of His Worship Mayor
~meaton, and the Planning Director, were recognized as having played an
important part in the establishment of the program.
Ms. deBoer replied to questions raised by advising that the team wishes
to make an objective study which will provide a credible report.
- AND -
Communication No. 231 - Gore & Storrie Limited - Re: Waste Management Master
Plan - Stage 2 - Development of Master Plan Options. The communication to
the Regional Municipality submits the aforementioned report of the Study
being undertaken in association with Woods Gordon and Morrison Beatty Limited.
Mr. William C. Holman, Study Co-ordinator, introduced Mr. Don Cook,
C.E.T., from the Regional Municipality of Niagara Public Works Department, and
Mr. Robert Duffy, Ministry of the Environment. Mr. Holman explained the Waste
Management Master Plan with the assistance .of a slide presentation. He advised
that the purpose of the study was to look at ways of handling municipal waste
and to determine whether the present sys.tem is the best system, or if there ie
a better system. He replied to questions raised regarding new requirements for
landfill sites, and the 5 - 8 year period of time necessary for the approval
proceee~ as well as cost estimates.
-2-
-3 -
DEPUTATIONS
MARKET VALUE ASSESSMENT - MR. RALPH POWELL
Mr. Ralph Powell, representing Nlagara Falls FIT Inc.(Fairness in Taxation),
discussed the "unfair tax increases which have been imposed on most of the small
industries", and the concern of the organization with respect to the future of
the City of Niagara Falls. Reference was made to particular companies, to a
proposed "task force", to Market Value Based Assessment as a "regressive
system not based on ability to pay", and a suggestion~of cooperative efforts to
change the legislation and "actively pursue new industry and development" for
the City. Mr. Powell distributed a written presentation. He replied to
questions raised regarding the Bissell Company closing, properties for sale,
the organization's contacts with the Ministry of Revenue, and advised that he
had not met with Honourable Bud Gregory, Minister of Revenue. Mr. Powell
stated that the group had met weekly for discussions and formulation of plans~
and had contacted others areas.
During the discussion that followed His Worship Mayor Smeaton stated
that the Minister of Revenue had not been in contact with his office. Council
members questioned the comparative statistics included in the presentation.
It was suggested that a report from the Business & Industrial Growth Agency
concerning recent activities related to attracting new industry to the City
would be helpful.
His Worship Mayor Smeaton advised that the Chief Administrative Officer
would be submitting a report regarding this matter at an early date.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett,
that this matter be referred to the Finance Committee and Staff for a full
discussion with the B.I.G. and Chamber of Commerce, and report back to Council.
It was further recommended that Mr. Powell, and other interested residents be
invited to attend the Council meeting for discussion.
Carried Unanimously.
Following further discussion a,motion was made by Alderman Puttick,
seconded by Alderman Cummings, that a task force be established to deal with
Market Value Assessment as it affects the City of Niagara Falls. The motion
was Defeated on the following vote:
AYE: Aldermen Cummings, Kerrio, Puttick, and Somerville.
NAYE: Aldermen Baker, Chessman, Coville, Hinsperger, JanVary, Merrett, and
O~r.
HEALTH HAZARD - MR. DAVID KANE
Mr. David Kane, 4047 Front Street, addressed Council regarding a health
hazard in the Welland River near his home. He stated that he represented the
citizens of Front Street, related incidents of chemical burns received by
children swimming in the River, and subsequent contacts with the Ministry of
Health and Ministry of the Environment. Mr. Kane produced a sample of sediment.
taken from the River near his dock, and referred to the strong odour emanating
from the water in the area.
Alderman Baker advised that the residents had undertaken to have a sample
analysis taken by an independent lab and were awaiting the results Of the
test.
It was moved by Alderman Baker, seconded by Alderman Hinsperger, that the
Ministry of the Environment be contacted regarding actions taken in the matter
and report back to Council as soon as possible. It was further recommended
that Mr. Kane be advised of actions taken. Carried Unanimously.
PARKING LOT/SOUTH SIDE OF NORTH STREET - MR. JOHN CROCCO
Mr. John Crocco, 5916 North Street, reviewed his concerns regarding the
poor drainage of the parking lot adjacent to his home. Ne distributed a
w~itten submission which reviewed the situation, and actions taken ko resolve
the situation. Mr. Crocco stated that he had been trying to sell his property
for the past 7 months, without success, because of the water and traffic
problems.
The ~affic & Construction Engineer reviewed actions taken with respect
to the drainage problem. He stated that Mr. Crocco's problem was caused in
great part by the adjacent parking lot, and discussed the City's policy with
respect to remedial work, as well as changes made in the zoning at the rear
portion of the property in question.
Following further discussion it was moved by Alderman Puttick, seconded
by Alderman Kerrio, that the matter be referred to Staff for investigation and
report from the Engineering and Building Departments.
Carried Unanimously.
PRESENTATION
His Worship Mayor Smeaton referred to the Kids Count pictures taken at
the Kids Count Community Open House at Centennial Square on June 20th, 1984,
posted on the bulletin board. Mayor Smeaton advised that Mrs. Valerie Williams,
in attendance at the meeting, had presented him with a copy of the Magna Carta
signed by King John.
REPORTS
No. 332 - Chief Administrative Officer - Re: Operation of Canadian Racing
Plate, 4141 Victoria Avenue. The report recommends that the contents therein
be noted and the report received and filed. The Chief Administrative Officer
referred to actions taken to reduce the level of noise emanating from the
Canadian Racing Plate, and the suggestion that Council work with the firm in
an effort to resolve the problem as soon as possible.
Mr. Phillip Sheldon, Controller, Canadian Racing Plate, discussed the
intention of the company to "shut down the large hammer causing most of the
noise on the midnight shift, during the period July let to September 3rd", at
the request of a nearby park. He advised that the long term intention of the
company was replacement of the hammer. Mr. Sheldon referred to a proposed
relocation of equipment to the rear of the present facility in an attempt to
reduce the noise level.
A discussion followed concerning the complaints of nearby residents,
the summer shut down and reduced work force, as well as the base upon which
the hammer is mounted. Alderman Kerrio offered his assistance in connection
with securing advice on the mounting of machines, as well as obtaining a grant.
ORDERED on the motion of Alderman Cummings, seconded by Alderman, that the
.report be received and filed, and further, that a copy be forwarded to the
interested residents for information. Carried Unanimously.
No. 333 -'Chief Administrative Officer - Re: Proposed Closing and Sale of
Lane or Walkway between Epworth Circle and Ryerson Crescent opposite Rice
Crescent (Walkway 32 (1)). The report recommends the following:
1) That Council hear, at tonight's meeting~ any person who claims that his
or her land will be prejudicially affected by the proposed by-law to
close the above lane or walkway and who applies to be heard.
2) That if there are no such claims, the Council pass the by-law listed
on tonight's agenda to stop up and close and to authorize the sale and
conveyance of the lane or walkway.
His Worship Mayor Smeaton requested comments from any:person:present who
was opposed to the by-law. He received no response.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings~ that
the report be received and adopted. ~ied. Unantmously.
See By-law No. 84-167.
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COMMUNICATION
No. 232 - Social Plannin~ Council - Re: Westfield Court Study. The
co~munication encloses a copy of the Westfield Court Study Report prepared
by the Social Planning Council of Niagara Falls, which recommends that the
City of Niagara Falls initiate an extensive public education/awareness
campaign regarding vandalism and littering in the City, emphasizing community
pride and responsibility.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
the report be received and presented to appropriate agencies for comment,
and further, that the recommendation in the report be referred to the Recreation
Commission and Civic Committee for action. Carried Unanimously.
His Worship Mayor Smeaton declared a 5 minute break at 9:30 p.m., and
following the break Council reconvened in the Council Chambers for the balance
of the Regular Meeting.
COMMUNICATIONS
No. 233 - Indian Defense League of America - Re: Annual Border Crossing
Parade. The communication advises of the Annual Parade planned for Saturday,
July 21, 1984, and requests a Parade Permit and Police escort.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman,
that the request be approved subject to the approval of the Regional Munici-
pality of Niagara. Carried Unanimousl~.
No. 234 - Ontario Council of Re~ents for Colleges of Applied Arts & Technology -
Re: Appointment to Niagara Board of Governors. The communication requests
nominations for appointment of a member to the Board of Governors.
ORDERED on the motion of Alderman Baker, seconded by Alderman Merrett, that
the standard procedure for appointments be followed, and an advertisement be
placed in the local newspaper for nomina~Lons. It was further recon~ended that
a letter of appreciation be forwarded to Mr. W. Stanyer who is retiring from
the board. Carried Unanimously.
No. 235 - ~ia~ara Transit - Re: Crosstown Loop. The communication attaches
a report on the Orosstown Loop which will revert,to its former route via
LaMarsh, Burdett,. Pettit and Cropp Streets on June 25th, 1984.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
the communication be received and filed. Carried Unanimously.
No. 236 - United Nations Association - Re: "Appeal for Peace". The
communication requests the endorsatton of Council of the "Appeal for Peace"
paper.in observation of the International Youth Year in 1985.
Following a discussion on the matter, it was moved by Alderman Cummings,
seconded by Alderman Orr, that the communication be received and filed, and
further, that individual responses be forwarded.to the. Association if ~hts:is
desired. The motion Carried with the following vote:
AYE: Aldermen Baker, Chessman, Coville, Cummings, Hinsperger, Janvary, Kerrio,
Merrett, Orr, and Somerville.
NAYE: Alderman Puttick.
No. 232 - Niagara Regional glo-Pitch ~ea~ue - Re: Slo~Pttch Tournament
July 13 - 15, 1984 at the Niagara Sports Centre. The communication requests
a special occasion permit for the event.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett,
that the request of the Niagara Regional glo-Pitch League for a special
occasion permit for the glo-pitch tournament to be held on July 13th, 14th,
15th, 1984, a~ Niagara Sports Centre, Niagara Falls, be approved subject to
the approval of the Regional Police Department, the Niagara Falls Fire
Department, the Niagara District Health Unit, and the Liquor Licensing
Board-of Ontario, parried Unanimously.
-5-
REPORTS
No. 334 - Chief Administrative Officer - Re:
Study.
l)
2)
Community Improvement Policy
The report recommends the following:
That The Start Group be retained to undertake a Community Improvement
Policy Study for the City of Niagara Falls as required under Section
28(2) of the Planning Act R.S.O. 1983, at a cost not to exceed $10,000.
That a Steering Committee be formed, comprised of technical staff and
two Aldermen to oversee and direct the study; and that the Finance
Committee Chairman and the Municipal Works Committee Chairman consider
participating in this study.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Janvary, that the report be received and adopted. Carried Unanimously.
No. 335 - Chief Administrative Officer - Re: Property Standards By-law
74-204, Mr. H. McDonald, 3805 St. James Street. The report recommends that
under clause (a) of sub-section 7.10.4 of By-law No. 74-204, the Corporation
retain a disposal service to forthwith complete the work which Mr. McDonald
was directed to carry out under the Order given May 1st, 1984, 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 agents in carrying out the work aforesaid
be recovered in a like manner as municipal taxes.
'ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
the report be received and adopted. Carried Unanimously.
No. 336 - Chief Administrative Officer - Re: Amended Site Plan Approval'-
Proposed Super Mini Putt Golf Course, Lundy's Lane and Q.E.W. (north/east
corner). The report recommends that the Council approve the site plans on
display at tonight's meeting, being a proposed super mini putt golf course
and the existing detail plan being sheet 1 of 4 and the proposed elevation
plan being sheet 3 of 4 and the planting plan being sheet 4 of 4, and filed
with the Buildings and Inspections Department of the City of Niagara Falls
on June 19, 1984, and that such approval be subject to the conditions outlined
in the report.
A discussion followed regarding the off-street parking spaces, construc-
tion prior to site plan approval and the urgency of completion of the project
for the tourist season. In reply to questions raised the Director of Buildings
and Inspections advised that most residents of the area appear satisfied.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
No. 337 - Chief Administrative Officer - Re: By-law No. 76-102 - Camping
Establishments. The report recommends that the By-law appearing on tonight's
Council agenda which amends By-law 76-102 - Camping Establishments, be passed.
The Director of Municipal Works advised that this by-law was in response to
the investigation in connection with the sewer system on Lundy's Lane.
ORDERED on the motion of Alderman Orr, seconded by Alderman Kerrio, that the
report be reqeived and adopted. Carried Unanimously.
See By-law No. 84-171.
No. 338 - Chief Administrative Officer - Re: Property Transfer - Buchanan
Avenue/Dixon Street. The report recommends that the by-law appearing later
on in the agenda authorizing the property transfer between the City and the
owners of the adjacent property, be approved.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville,
that the report be received and adopted. Carried. Unanimously.
See By-law No. 84-168.
No. 339 - Chief Administrative Officer - Re: Proposed Closing and Sale of
Lane between Glenayr Avenue to Glensate Park in Registered Plan No. 233 for
the City of Niagara Falls (Walkway 18). The report recon~end8 the followlngl
-6-
1) That Council hear, at tonight's meeting, any person who claims that his
or her land will be prejudicially affected by the proposed by-law to
close the above lane and who applies to be heard.
2) That if there are no such claims, the Council pass the by-law listed on
tonight's agenda to stop up and close and to authorize the sale and con-
veyance of the lane.
3) That Council also pass the resolution appearing on tonight's agenda to
authorize an application to the Minister of Municipal Affairs and Housing
for approval of the by-law.
There was no response to a request for comments from persons present
regarding this matter.
ORDERED on the motion of Alderman Baker, seconded by Alderman Kerrio, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 66.
See By-law No. 84-166.
No. 340 - Chief Administrative Officer - Re: Surplus Municipal Property -
Slnnicks Avenue and Vine Street. The report recommends that two City owned
lots located at the northwest corner of Slnnicks Avenue and Vine Street be
advertised for sale through multiple listing with the Niagara Falls-Fort Erie
Real Estate Association.
Alderman Coville declared a conflict of interest because she is connected
with the Real Estate Association.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville,
that the report be received and adopted. The motion Carried with Alderman
Coville abstaining on a conflict of interest previously recorded, and all
others voting in favour.
No. 341 - Chief Administrative Officer - Re: AM-l/84, Nancy Aello (Restricted
Area By-law No. 84-125) - Proposed Subdivision, South Side Mountain Road. The
report recommends that if Staff is unable to resolve the objections to approval
of By-law No. 84-125, they be forwarded to the Ontario Municipal Board with
the request for a Hearing, and that Council reaffirm its approval.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
No. 342 - Chief Administrative Officer - Re: A~reement t~ Lease Ontario Hydro
Lands - Part Lot 60. The report recommends that Council approve the by-law
appearing on this evening's agenda authorizing a lease ltcence agreement with
Ontario Hydro for part lot 60 located east of St. Gabriel Lalemant School.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Mtnsperger,
that the report be received and adopted. Carried Unanimousl~.
See By-law No. 84-170.
No. 343 - Finance Committee - Re: Finance Committee Reports. The report
recommends the following:
1) Status of taxes at May 31, 1984 -
- Receive and file the May 31, 1984 tax status report;
2) Advertisement - Ontario Provincial Command Ladies Auxiliary -
- Take a ~ page advertisement in the Ontario Provincial Command Ladies
Auxiliary convention program ($180.00);
3) ·Advertisement - Welland Tribune Bicentennial Edition -
- Take a % page advertisement in the Welland Tribune Bicentennial
Edition ($170.00);
4) Road Rehabilitation on Valley Way -
- That the $200,000 for road rehabilitation for various streets as set
out in the capital budget be allocated for road work on Valley Way
east Of 'Stanley Avenue.
.ORDERED on the motion of Alderman Cheesman, seconded by Alderman Kerrio,
that the report be received and adopted. ~aFried Unanimously.
No. 344 - Chief Administrative officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $6,242,993.89 for the one week period
ending June 25th, 1984 be approved by the passing of the by-law appearing
later on the agenda.
Alderman Cummings declared a conflict of interest on Cheque No. 01113
because a relative is involved in the program.
Alderman Cheesman declared a conflict of interest on Cheque No. 01182
because he is employed with the organization.
Alderman Merrett declared a conflict of interest on Cheque No. 01182
because a member of the family is employed with the organization.
Additional· information was provided on Cheques No. 01152, 01155, and
01206.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville,
that the report be received and adopted. The motion Carried with Aldermen
Cummings, Cheesman, and Merrett, abstaining from the vote on conflicts of
interest on Cheques No. 01113, and 01182 consecutively as previously
recorded, and all others voting in favour.
No. 345 - Chief Administrative Officer - Re: Fire Department Breathing
Apparatus. The report recommends that Council approve the quotation of
$9,160 for eight M.S.A. Ultralite Air Masks with composite cylinder and
'carrying case from M.S.A. Canada of Toronto.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 64. '
No. 346 - Chief Administrative Officer - Re: Fire Department Minitor Pagers.
The report· recommends that Council approve the quotation of $6,406.92 for 13
Minttor Pagers, chargers and cases from Motorola Limited of Hamilton.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that
the report be received and adopted. The motion Carried with Alderman Somerville
abstaining from~the.vote on a conflict of interest, because he is:a,member of
~the--W~i'~uUghby-~i~e Dep~r{-ment,~n~::a'll~:.o~hers voting in favour.
· See Resolution No. 65.
No. 347 - Chief Administrative Officer - Re: A.M.O. Conference. The report
recommends that Council authorize the attendance of Alderman Charles Cheesman
and one member of Staff at the Association of Municipalities of Ontario
Conference from Sunday, Augus.~ 19th to Wednesday~ August 22nd, 1984. A
.brief discussion followed regarding items which ~ight be considered at.the
Conference.
ORDERED on the motion of' Alderman Coville~ seconded, by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 348 - Municipal Works Cbmmittee - Re: Pavement Analysis Program. The
report.addressed to the~.iMunicipal Works Committee, and endorsed by that
group, recommends that the firm of PMS'Limited be engaged'at a cost of
$12,000 to undertake a pavement analysis study for the proposed 1985 Road
Improvement Program.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that
the rgport be received and adopted, paFrted Uoanimously.
No. 349 - .Mayor William S. Smeaton - Re: A by-law to Prohibit Persons from
Offering to'Sell or Offering to Purchase Services Upon Streets in the City
of Niagara Falls. The report recommends the following:
1) That Council pass the by-law appearing on tonight's agenda to prohibit
persons from offering to sell or offering to purchase services on streets
in the City of Niagara Falls.
2) That the Regional Municipality of Niagara be requested to pass a similar
by-law.
3) That the Provincial Government be requested to ·pass legislation to assist
the City in this matter.
-8-
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr,
that the report be received and adopted. Carried Unanimously.
See By-laws No. 84-173,
and No. 84-174.
RESOLUTIONS
No. 64 - KERRIO - BAKER - RESOLVED that the unit prices submitted by M.S.A.
Canada of Toronto, for eight M.S.A. Ultralite Air Musks with composite
cylinder and carrying case, be accepted, at the tendered amount of $9,160;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 65 - KERRIO - BAKER - RESOLVED that the unit prices submitted by Motorola
Limited of Hamilton for 13 Minitor Pagers, chargers and cases, be accepted
at the tendered amount of $6,406.92; AND the Seal of the Corporation be
hereto affixed.
he motion Carried with Alderman Somerville abstaining from the vote on a
conflict of interest previously recorded in Report No. 346, and all others
voting in favour.
No. 66 - KERRIO - JANVARY - RESOLVED that pursuant to section 298 of the
Municipal Act, R.S.O. 1980, the Minister of Municipal Affairs and Housing
be requested to approve By-law No. 84-166 to stop up and close and to
authorize the sale and conveyance of the lane between Glenayr Avenue and
Glengate Park in Registered Plan No. 233 for the City of Niagara Falls;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 67 - JANVARY - CUMMINGS - RESOLVED that WHEREAS the Province of Ontario
is celebrating its Bicentennial, (200th Birthday) during the year 1984; AND,
WHEREAS many municipalities across the Province have formed Bicentennial
Committees to co-ordinate community events and celebrations as part of our
"Celebrate Together" theme throughout the year; AND,
WHEREAS the City of Niagara Falls Bicentennial Committee has been actively
planning and promoting community events for the entire year 1984; AND~
WHEREAS the Province of Ontario has declared that seven cl~tizens from our
community will be entitled to receive a Bicentennial medal for special effort
and dedication as a Community Volunteer; AND,
WHEREAS as the City of Niagara Falls has thousands of Community Volunteers
who give their interest and time unselfishly; AND,
WHEREAS as a result of a public newspaper notice, nominations were received
and those being recommended are representative of all volunteers in the
community;
NOW THEREFORE BE IT RESOLVED that the names of the following persons as
representatives of the Community Volunteers be submitted to the Provincial
authorities for consideration as recipients of the Bicentennial Medals:
Mrs. Ruth Buchanan
Dr. Stafford Dobbin
Mrs. Helen Glennte
Mrs. Shetla Lows
Mr. Bill Mackay
Ms. Irene Ploszczansky
~ Mr. Don Wallace
; AND the Seal of the Corporation be hereto affixed.
Ca~ried Unanimousl~.
BY-LAWS
ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that
leave be granted to introduce the following by-laws, and the by-laws be read
a ftra~ time:
-9-
No. 84-166 - A by-law to stop up and close and to authorize the sale and
conveyance of the lane between Glenayr Avenue and Glengate Park
in Registered Plan No. 233 for the City of Niagara Falls.
No. 84-167 - A by-law to stop up and close and to authorize the sale and
conveyance of the lane or walkway between Epworth Circle and
Ryerson Crescent opposite Rice Crescent.
No. 84-168 - A by-law to authorize an exchange of land with 577793 Ontario Inc.
No. 84-169 - A by-law to authorize an agreement with Larry Vaughan and Golders
Green Holdings Limited respecting Lot 23 according to Registered
Plan 243.
No. 84-170 - A by-law to authorize the execution of a licence agreement with
Ontario Hydro.
No. 84-171 - A by-law to amend By-law No. 76-102, as amended, being a by-law
respecting the issue of licenses. (Camping Establishments).
No. 84-172 - A by-law to provide monies for general purposes.
No. 84-173 - A by-law to prohibit persons from offering to sell or offering to
purchase services upon streets in the City of Niagara Falls.
No. 84-174 - A by-law to repeal By-law No. 82-104.
~he motion Carried with Aldermen Chessman, Cummings, and Merrett abstaining
from the Vote on By-law No. 84-172 on ~onfl£cts of interest.previously recorded
· l~Re~r~No~ 3&4;~and~ alL-others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the following by-laws be now read a second and third time:
No. 84-166 - A by-law to stop up and close and to authorize the sale and
conveyance of the lane between Glenayr Avenue and Glengate Park
in Registered Plan No. 233 for the City of Niagara Falls.
No. 84-167 - A by-law to stop up and close and to authorize the sale and
conveyance of the lane or walkway between.Epworth Circle and
Ryerson Crescent opposite Rice Crescent.
No. 84-168 - A by-law to authorize an exchange of land.with 577793 Ontario Inc.
No. 84-169 - A by-law to authorize an agreement with Larry Vaughan and Golders
Green Holdings Lhnited respecting Lot 23 according to Registered
Plan 243. '
~o. 84-170 -'A by-law to authorize the execution.of a licence agreement with
Ontario Hydro.
No. 84-171 - A by-law to amend By-law No. 76-102, as amended, being a by-law
respecting the issue of licenses. (Camping Establishments).
~p. 84-172 - A by-law to provide monies for general purposes.
No. 84-173 - A by-law to prohibit persons from offering to sell or offering to
purchase services upon streets in the City of Niagara Falls.
~o. 84-174 - A by-law to repeal By-law No. 82-104.
The motion p~rrled with Aldermen Chessman, Cummings, and Merrett abstaining
from the vote on By-law No. 84-172 as previously recorded; and all others
voting in favour.
- 10 -
NEW BUSINESS
CONDITION OF WALNUT STREET
Alderman Orr referred to the new construction on Walnut Street and
requested that the potholes in the road near the construction site be filled.
POOL AT CENTENNIAL SQUARE
Alderman Orr referred to the childrem playing in the pool at Centennial
Square and requested information regarding liability insurance. The Chief
Administrative Officer prov,ided~the requir~dinformation.~ -
COMPLAINT FOLLOW-UPS'
Alderman Hinsperger suggested that a system of follow-up on complaints
received and considered should be formulated.
CONRAIL ASSETS IN CANADA
Alderman Merrett referred to the former motion in support of the Cantunn
application to take over the Canadian assets of Conrail.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the
motion to support Cantunn, Inc., in the takeover of Conrail Assets in Canada
be withdrawn, and that Council maintain a neutral position. It was further
recommended that the Canadian Transport Commission be approached for a
discussion in the areas of jobs, pensions, and a right-of-way with respect
to the People Mover System. Carried Unanimou~ly. ~ - . "~
N.H.L. MOLSON SLO-PITCH
Alderman Cummings referred to the Molson N.H.L. Slo-Pitch "Challenge"
which had taken place in the City over the past weekend and had been very
beneficial to the community in diverse ways.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman,
that a letter of congratulations on the success of the Slo-Pltch Tournament
be forwarded from Mayor Smeaton's office to Mr. R. Lavelle and the Volunteers,
and to the Parks and Recreation Department. Carried Unanimously.
WHIRLPOOL ROAD BICENTENNIAL BRIDGE
Alderman Chessman referred to the Official Opening of the Whirlpool Road
Bicentennial Bridge which is scheduled for June 28th, 1984 at 4:00 p.m.
BUILDING PERMITS
Alderman Puttick referred to the report with respect to construction which
had begun on properties without building permits being obtained and without
action being taken against the owner of the property, over the past 3 months.
He asked that the report be received.
CONVENTION - ONTARIO ARENAS ASSOCIATION
Alderman Puttick discussed the Ontario Arenas Association Convention
held recently in Brockvtlle, Ontario, which he had attended. He referred
to the possibility of the Convention for 1985 being held in the City of
Niagara Palls.
His Worship Mayor Smeaton commended Staff with regard to the assistance
given to groups visiting the City.
VISA/MASTER CHARGE SIGNS
Mr. Cy McGuigan, 5151 River Road, referred to his concern, discussed at
a previous Council meeting, regarding Visa and Master Charge signs which
are posted at a Tourist Home on Otter Street. Mayor Smeaton advised that
a letter had been forwarded from his office 3 weeks ago asking the property
oWners to move the sign.
The Director of Buildings & Inspections was instructed to contact the
property owners iuraedlately concerning this matter.
- 11 -
Mr. McGuigan questioned the lack of tenders being received by himself and
local plumbers. Mayor Smeaton advised that a report would be prepared in
connection with this matter.
CIVIC COM~/ITTEE UPDATE
Alderman Janvary provided a report on the recent Niagara Classic bicycle
event, and Senior Olympics held in the City. She discussed the upcoming
"Canada Day" celebration and distributed Canadian flags.
It was moved by Alderman Orr, seconded by Alderman Puttick, that the
meeting adjourn to Committee of the Whole.
~AN, CITY CLERK
COMMITTEE OF THE WHOLE
Committee Room #1
June 25, 1984
Council met on Monday, June 25th, 1984 at 10:45 p.m. in Committee of the
Whole, following a Regular Meeting. All members of Council were present
with the exception of Alderman Keighan. Alderman Orr presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
Council Chambers
June 25, 1984
Council reconvened in formal session on Monday, June 25th, 1984 following
a meeting in Committee of the Whole. Ail members of Council were present
with the exception of Alderman Keighan. His Worship Mayor Smeaton presided
as Chairman.
The meeting adjourned.
~~TED, ·
TWENTY-SIXTH MEETING
PLANNING/REGULAR MEETING
Council Chambers
July 9, 1984
Council met on Monday, July 9th, 1984 at 7:30 p.m. for the purpose of
considering Planning Matters and general business. All members of Council
were present with the exception of Aldermen Hinsperger, and Kerria. His
Worship Mayor Smeaton presided as Chairman. Alderman Somerville offered the
Opening Prayer.
WELCOME
His Worship Mayor Smeaton welcomed Mr. Paul Baillie who had recently
been pronounced the winner of a "Town Crier" contest, will be competing in a
similar contest in St. Catharines, and if successful, will take part in a
competition in Ottawa. Mayor Smeaton congratulated Mr. Baillie.
RESOLUTION
No. 69 - JANVARY - CUMMINGS - RESOLVED :ha~ Mr. Paul Baillie be appointed the
Official Town Crier for the City of Niagara Falls, and to act in this official
capacity for special events during Bicentennial Year; AND the Seal of the
Corporation he hereto affixed.
p~ried Unanimously.
~pOPTION OF MINUTES
ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the
minutes of the meeting held June 25th, 1984, be adopted as printed.
Carried Unanimously.
REPORTS - PLANNING MATTERS
No. 350 - (PD/50/84) - Chief Administrative Officer - Re: AM-7/84 Zoning
amendment application - Proposed two storey addition (19 units) to the existing
10 storey Cakes Drive Motel. The report recommends that Council consider
approval of the application and that Staff be directed to prepare an amending
by-law for Council's approval based on those matters as noted in the Technical
Report.
The City Clerk explained the proposal to make appropriate amendments to
By-law 79-200..
Mr. John J. Brodsrick, Solicitor, indicated his representation on behalf
of the applicant, Mr. M. Rtcct, Cakes Drive Motel Limited.
The Clty Clerk advised that Notices of the Public Meeting had been forwarded
by flrst class mail on June 7th, 1984.
- AND -
Communication No. 238 - .Mrs. Evelyn Fitzserald & Dr. Elizabeth A. Solari - Re:
Proposed changes to Zoning By-law 79-200.~ The communication expressed concern
regarding the two-storey addition and height Increase.
Mayor Smeaton advised that any persons present who(wish to receive further
notice of the passing of the by-law should leave their names and addresses with
the Clerk prior to leaving the meeting.
The Senior Planner reviewed the proposal with the assistance of posted
sketches. He advised that the first part of the by-law would be to permit
amending regulations in order that some of the parking on property "B" required
for the existing and proposed development on property "A" (hotel/motel), be
recognized as being able to be used in conjunction with the hotel/motel devel-
opment whereas the current By-law 79-200 requires all parking needed for the
development be on the site of the development. He explained that the ~econd
part of the by-law would permit a further two-storey addition to the existing
10 storey hotel which involves amendments to the,preeOu~ provisions of By-law
-2 -
79-200 to recognize conditions as they apply to what exists currently on the
site, and was permitted by previously approved by-laws and existing agreements.
The Senior Planner referred to the problems of boulevard parking, lack of
sidewalks and a better defined intersection. He discussed the transfer of
horizontal development rights to permit vertical height increases; landscaping
provisions; additional lands acquired to the east of the existing 10 storey
hotel; the site,plan; and the additional site area, as outlined in the technical
report.
His Worship Mayor Smeaton requested comments from persons other than the
applicant in support of the by-law, and received no response. He received a
negative response to,'~ request for comments from persons in support of the by-law.
Mr. Broderick stated that he was in agreement with the "bulk" of the
proposal. However, he expressed concern regarding the proposed reduction in
lot coverage referred to in the technical report, and suggested a reduction to
50% referred to in the application. Mr. Brodertck advised that his client
would prefer not to have sidewalks in the area, and expressed the opinion that
his client should not be required to finance the sidewalks which are not desired
by his client. Mr. Broderlck referred to the "substantial" tax revenue from the
Sakes Drive Motel.
In response to questions raised, the Senior Planner referred to the
reciprocal arrangements suggested in the Traffic, Parking & Tourism Study
referred to in the technical report, the recommended lot coverage of 27%, and
the acceptability of 35% building coverage. .He advised that parking areas,
swimming pools, landscaping areas in grass, trees and shrubs were not included
in the lot coverage. The Senior Planner stated that sidewalks had not been
requested, but had been considered desirable in the location.
The Planning Director suggested that a general approval of the application
might be made, with further consideration in the areas of building coverage and
sidewalks.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the report be received and the application approved. It was further recommended
that the matter be referred to Staff to resolve concerns regarding sidewalks and
lot coverage. Carried Unanimousl~.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan,
that the communication be received and filed. Carried Unanimously.
No. 351 - Chief Administrative Officer - Re: AM-19/82 - Zening Amendment
Application - Dr. V. Vasic, 5481 Portage Road. The report recommends that the
Council decide if it wishes to proceed with a hearing on the above application
at a future meeting, so that a date can be set, and residents in the area can
be notified when the matter will be further considered by Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Covllle, that
the report be received and adopted. Carried Unanimously.
Alderman Baker entered the meeting.
No. 352 - Chief Administrative Officer - Re: Forest Glen Estates - Proposed
Subdivision - North Side Thorold Stone Road, East of Kalar Road. The report
recommends that the "Forest Glen Estates" proposed subdivision be approved
subject to the conditions enumerated in the attached report dated May 14, 1984.
Miss Jean Grandoni distributed and reviewed a w~itten submission regarding
the prematurity of the development, low growth rate, determination of land re-
quirements, services, downtown revitalization, the Northwest Secondary Plan,
strategy for overall growth, and Staging Plan for the entire City.
In response to questions raised by Miss Graedoni, the Senior Planner
advised that the Plannlng Department had been in contact with Miss Grandoni,
and the concerns regarding the Kalar Road Pumping Station had been addressed.
The responses had been submitted to Miss Orandoni and a report received by
Council included the required information. The Director of Municipal Works
advised,that the Kelar Road Pumping Station is a Regional responsibility, and
provided information contained in Studies of the matter. He further advised
that the report to Council had included information regarding the ~o~t of an
adequate water,supply.
In reply to questions raised the Director of Municipal Works expressed the
opinion that the development was not premature.
Miss Grandoni referred to a letter from the Regional Public Works Departmeet
regarding the Kalar Road Pumping Station, and advising that "extraneous flows to
the existing and proposed systems should be restricted in order to utilize the
present design capacity for the existing pumping facilities".
Mr. Brian Sinclair, Solicitor for bk. George Schneider, advised that the
proposed development was in the Northwest Secondary Plan which provides a
a development base for oversizing. He referred to an analysis of the subdivision
by Mr. Ray Matthews, and discussed the anticipated tax revenue. Mr. Sinclair
referred to people leaving the City of Niagara Falls, and selling large homes in
order to live in condominium apartment complexes in other areas. He referred to
the conditions outlined by City Staff, and which will be met. Mr. Sinclair
stated that his client was in support of the recommendations of Staff.
Further discussion followed in connection with the "uniqueness" of the
proposed development and its response to changing needs, to the desirability of
available land for redevelopment, and adequacy of the water supply referred to
in the report dated May 14th, 1984. The Planning Director stated that the
conditions in the report must be dealt with prior to proceeding with the
development.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the
report be received and adopted. It was further recommended that the concerns
regarding adequacy of the water supply, and Kalar Road Pumping Station which
are a Regional responsibility, be referred to the Regional Municipality of
Niagara. Carried Unanimously.
WELCOME
His Worship Mayor Smeaton welcomed Mr. A.A. MacBain, M.P. to the Council
Chambers.
REPORTS - PLANNING MATTERS
No. 353 - (PD/51/84) - Chief Administrative Officer - Re:
Group Homes By-law.
matter.
Proposed Revised
The report recommends the following:
1) That Council authorize City Staff to prepare a revised Group Homes By-law
incorporating the following changes:
t) A maximum of 6 residents plus staff can occupy a single family detached
dwelling in which the whole of the building and property is used as a
Group Home;
ii) Group Homes can also be established in semi-detached dwellings and
duplex buildings with a maximum of 8 residents plus staff occupying
the whole of the building and property.
iii)The distance separation between Group Homes be 350 metres.
2) That the ~evtsed Group Homes By-law be advertised to the public in accord-
ance with Planning Act requirements.
3) That once the Canada Mental Health Association finds a suitable residence
for their Group Home proposal, staff be authorized to initiate a "Temporary
Use By-law" in accordance with Section 38 of The Planning Act.
His Worship Mayor 8meaton requested any persona present to discuss the
There was a negative response.
The Senior Planner advised that Staff had met with the Social Planning
Council, the Working Committee, and several objectors to the by-law. There had
been two publlc meetings and reasonable revisions had been suggested by the
Social Planning Council.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
No. 354 - Chief Administrative Officer - Re: Proposed Dell Park Extension 1
Subdlvisio~'. The report recommends that the Dell Park Extension 1 Subdivision
be given preliminary approval subject to the conditions enmnerated therein.
4
ORDERED on the motion of Alderman Covtlle, seconded by Alderman Somerville,
that the report be received and adopted. Carried Unanimously.
DEPUTATION~
HEALTH SERVICES DEPARTMENT 7 G. F. MILLS~ M.p.~ D.P.H.
Dr. G. F. Mills, Medical Officer of Health and Director, and Dr. E.
Holowaty, Associate Medical Officer of Health, Regional Niagara Health Services
Department, were in attendance at the meeting. Dr. Mills distributed and
discussed a written submission regarding the planned reduction in the open
hours of the Niagara Falls' branch office.
Regional Councillor Douglas Mann advised that a report was expected
on July 10th, 1984 regarding services on welfare cases. He expressed
optimism that the centralization of health services would work successfully.
Regional Councillor Edison Sherar expressed agreement with the view of
Councillor Mann. He suggested that any problems might be directed to Mayor
Smeaton or Dr. Mills to be resolved.
Dr. Mills assured Council that the health services operation would be
monitored and a change recommended if necessary.
UNFINISHED BUSINESS
ONTARIO WATER RESOURCES CONFERENCE - MR. A. OLEKSUIK
Mr. Olaksuik distributed and reviewed a written submission with respect
to the Ontario Water Resources Conference - "Futures in Water", held June 12 -
14, 1984 in Toronto, which was authorized by City Council. He expressed his
appreciation of the opportunity to attend the Conference, and discussed the
"awareness of the issue", and the desire that it be dealt with "in its early
stage".
Mr. Oleksuik presented Mayor Smeaton with a book entitled "Water Quality
Resources of Ontario", for future reference.
DEPUTATIONS
p$CAR MAIDA/BUI~D~NG PERMIT - MR. BILL DE OROOT
Mr. Bill De Greet, a merchant at the Stamford Green Shopping[~:Centre,
discussed contacts he had with Alderman Puttick in regard to the matter of
Mr. Oscar Maida not obtaining a building permit prior to beginning construction.
Mayor Smeaton discussed the element of privacy concerning the matter of the
telephone conversation referred tO by Mr. De Greet. '-'
~RO~ER~Y STANDARDS ORDER - MR. p~NNIS,HINCHLIFFE
The matter of a discussion regarding compliance with the Property Standards
O~der, by Mr. Dennis Hinchltffe, 9787,.Nichol% Lane was withdrawn from the
agenda.
~PORTS
No. 355 - Chief Administrative Officer - Re: Unopened Road Allowance between
Lots 4 & 5~'Concession 6, former Township of Willoughby· The report recommends
that Council hear Mrs. Clara McMillin and Mr. Angelo Tote who are abutting
owners of the above road allowance, then decide what the status of the land
should be.
.Mrs. McMillan and Mr. Toro were in attendance at the meeting. Mm. Toro
was represented by Mr. J. Henderson, Barrister. Mr. Henderson referred to the
subject property, and "illegal" lease of the unopened road allowance to Mr.~
McMlllan by the City. He stated that Mr. Tote had not received notice a~ an
owner of abutting land of the intention to lease, and further,, that a formal
-5 -
by-law had not been passed to authorize the rental of the unopened road
allowance. He referred to the use of the road allowance by Mr. McMillan,
Mr. Tote, and the Niagara Peninsula Conservation Authority. Mr. Henderson
stated that Mr. Tote had constructed a fence between the road allowance and
his property in 1981, and early in that year Mr. Tote had noticed that a gate
had been placed across the roadway by Mr. McMillan enclosing his property.
Mr. Henderson referred to the raising of horses by Mr. McMillan, and the
sheep raised by Mr. Tote. He referred further to the disagreements between
the two property owners, and suggested that a decision should be made regarding
the long term use of the road allowance. Mr. Henderson expressed the opinion that
the matter should be referred to Staff for a study, that Mr. McMillan be directed
to vacate the property and open the gate to allow the land to revert to its
original use as unopened road allowance to be used by the 3 aforementioned
parties.
Mrs. Clara E. McMillan, 12860 Willodell Road, advised that she had not yet
read the report to Council dated July 9th, 1984, that the subject property has
been used for horses, and referred to a letter received from the City Council
in 1981 advising that a recommendation for the issuance of a licence agreement
had been approved.
The Chief Administrative Officer referred to a discussion with the
Solicitor, and stated that a Licence of Occupation is issued with the under-
standing that the person does not have the exclusive use of the land, and
further, that the Municipality may terminate the arrangement at any time. Ne
advised that the road allowance had not been closed, and that this action must
be taken prior to the approval of exclusive use. The Chief Administrative
Officer suggested that the matter be referred to Staff for investigation and
report.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Somerville,
that the matter be referred to Staff for further information, and that Mr. and
Mrs. McMillan be allowed to continue using the roadway for 30 days only.
~rried Unanimously.
No. 356 - Chief Administrative Officer - Re: Parking Lot/South Side of North
Street - Mr. John Crocco. The report recommends that the information contained
therein be noted and the report received and filed, and further that a copy of
the report be forwarded to Mr. Crocco.
Mr. Crocco was in attendance at the meeting. He referred to his attendance
at a former meeting of Council, discussed the problem in detail, and expressed
the view that the curbing had formerly helped. He was extremely concerned about
the situation. Mr. Crocco submitted a communication dated July 3, 1984 from
Don Cipparone Construction stating that the subject property had been inspected,
and that the "seepage formation is resulting underground from surrounding
' properties". He also submitted a photocopy of an account from Dominion Paving
Co. to the Falls Region Credit Union, with respect to the cost of work on the
parking lot at. 5884 North Street.
During the discussion that followed it was suggested that the parking lot
may have been illegally constructed, because of the zoning by-law, and reference
was made to a letter from the Zoning Administrator.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the
matter be referred to Staff for a further investigation and report regarding
parking, and drainage. It was further recommended that the report to Council
should include a copy of the previously mentioned communication from the
Zoning Administrator. pgrrted Unanimousl~.
ORDERED on the motion of Alderman Somerville, seconded by Alderman Cummings,
that the submissions by Mr. Crocco be received and filed. Carried Unanimously.
No. 357 - pg~ef.~dministrattve Officer - Re: Request for Tax Relief. The report
recommends that Council consider the procedure outlined in this report for the
processing of requests for tax relief as provided for in Section 363 of the
Municipal Act. The Chief Administrative Officer summarized the intent of the
report, and reviewed the information contained therein. Ne replied to questions
raised with respect to the suggested 10% minimum increase level as a criteria,
the availability for public examination, if requested, of information submitted
by successful applicants for tax relief, and possible future problems·
-6-
His Worship Mayor Smeaton advised that the Chief Administrative Officer
would be providing an additional report at the next meeting of City Council.
During the discussion, it was suggested that the F.I.T. group should be made
aware of the information in the report. It was pointed out that the decision
of the Review Court on tax appeals must be given consideration before an
application for tax relief was approved. Mayor Smeaton stated that a letter
had been recently received from the Minister of Revenue.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that
the report be tabled and the matter referred to Staff for a further report
which should include the aforementioned communication from the Honourable Bud
Gregory, Minister of Finance. Carried Unanimousl .
DEPUTATIONS
MR. DAN KOSTICK - LOT 1 PLAN 60
Mr. Dan Kosttck, 8223 Stanley Avenue, referred to a handout petition
regarding the above mentioned 1 acre parcel of land on Ramsay Road which he had
received as an inheritance from his father. The property which had been zoned
Industrial in 1978, is in a residential neighbourhood and he wishes to build a
house on it. Mr. Kostick advised Council that the property was too small, to.
contain industry, and he has been unable to sell it because of high taxes.
His Worshlp Mayor Smeaton advised that the matter would be referred to
Staff for investigation and a report, and that Mr. Kos~ick would be notified
at an early date.
MR. CY McGUIGAN - 5151 RIVER ROAD
Mr. Cy McGuigan attended the Council meeting in response to a letter he
had received from His Worship Mayor Smeaton in which a request had been made
for a public apology from Mr. McGuigan to a member of Staff. Mr. McGuigan
declined to apologize.
REPORTS - PLANNING MATTERS
No. 358 - (PD/52/84) -~Chief ~dministrative Officer'- Re: Report Of the':Floed
Pta~n Review Committee,on F}ood .Plain:.Management in~Ontar, io..~.The-,r~port~ecom-
mends the following:
1) That the attached draft response to the Honourable Alan W. Pope regarding
the Report of the Flood Plain Review Committee on Flood Plain Management
in Ontario be considered and endorsed by Councll for submission to the
Ministry.
That the Municipality's response to the Flood Plain Committee's report be
forwarded to the Niagara Peninsula Conservation Authority and the Regional
Municipality of Niagara for information.
ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that
the report be received and adopted. Carried Unanimousl .
- AND -
Communication No. 239 - ~ - Re: Taylor Commission (Provincial
Flood Plain Review Committed). The communication provides background information
and includes a resolution to the Honourable A. Pope, Minister of Natural Resources~
that it concurs with most of the 13 recommendations in the report with the
exception of Recommendations No. 3, 9, 10, and 11; that it opposes the concept
of all development anywhere in the flood plain; and that It objects to the
administration and enforcement of flood plain construction regulations as well
as the notification of flood plain landowners by local Municipalities rather
then by Conservation Authorities.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that
the communication be received and filed. Carrled~
~o. 359 - Chief Administrative Officer - Re: Planning Department Annual Report
1983. The~ regarding activities of the Planning
Department for 1983, current and future planning projects, and reference data.
7
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings,
that the report be received and filed. Carried Unanimously.
No. 360 - Chief Administrative Officer - Re: OWMC Initial Submission to the
Hearing Panel on Industrial Waste Management. The report recommends the
following:
1) That the contents of the letter from Dr. Chant, Chairman and President,
Ontario Waste Management Corporation, be received for information;
2) That Staff be directed to review the proposals in order to determine
whether or not the City ought to be making its own submission with respect
to this matter.
ORDERED on the motion of Alderman Baker, seconded by Alderman Orr, that
the report be received and adopted. Carried~
Alderman Puttick retired from the meeting.
COMMUNICATIONS
No. 240 - ~ of Windsor - Re: Bill 71 - An Act to Amend the Assessment Act.
The communications requests the endorsation of a Resolution objecting to the
Bill.
ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the
communication be/~received and filed. Carried Unanimously.
No. 241 - L f 3nsuranoe Com an - Re: ?th nual Slo-Pitch ?outspent,
August 17 and 18, 1984, Niagara South Recreation Complex. The co~nunication
requests a special occasion permit for the occasion.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that
the request of the London Life Insurance Company for a special occasion permit
for the Slo~Pitch Tournament tO be held on August 17th and 18th, 1984, at the
Niagara South Recreation Complex, Niagara Falls, be approved, subject to the
approval of the Regional Police Department, the Niagara Falls Fire Department,
the Niagara District Health Unit, and the Liquor Licensing Board of ontario.
Carried Unanimousl .
.No. 2~2 - Re ional Nia ara Public Works ~ - Re: Water/Sewage Flows
by Municipality. The cormnunication attaches report DEP-2064 entitled Water
and Sewage Flows by Municipality, Monthly Report for May 1984.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
communication be received and filed. Carried~
No. 263 - ~ited Wa of Nla ar~ Falls - Re: Slo-Pitch Tournament - August 25,
and 26, 1984 at Niagara Sports ~ark. The communication requests a special
occasion permit for the event.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that
the request of the United Way for a Special Occasion Permit for the Slo-Pitch
Tournament to be held on August 25th and 26th, 1984, at the Niagara Sports
Park, Niagara Falls, be approved subject to the approval of the Regional Police
Department, the Niagara District Health Unit, and the Liquor Licensing Board of
Ontario. Carried Unanimousl .
No. 244 - Club Itali_~a - Re: Annual Picnic, Kalar Road - July 15, 1984. The
communication requests permission to erect a banner at Main and Ferry Streets.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville,
that permission be granted subject to the approval of the Niagara Falls Hydro
and Regional Niagara. Carried Unanimousl .
REPORTS
No. 361 - Chief Administrative Officer - Re: Pool Painting. The report
recommende that the information contained therein be received and filed.
Alderman Janvary declared a conflict of interest because her son is
involved in the pool~rogram.
-8-
ORDERED on the motion of Alderman Cun~nings, seconded by Alderman Merrett,
that the report be received and adopted. The motion Carried with Alderman
Janvary abstaining from the vote on a conflict of interest previously recorded,
and all others voting in favour.
No. 362 - Chief Administrative Officer - Buildings & Inspections Department -
construction commenced without Building Permits and no subsequent charges laid.
The report recommends that the information contained therein be noted and the
report received and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
the report be tabled to the next meeting of City Council. The motion Carried
with the following vote:
AYE: Aldermen Baker, Chessman, Coville, Cummings, Janvary, Keighan, Merrett,
and Somerville.
NAYE: Alderman Orr.
No. 363 - Loan Review Committee - Re: O.H.R.P. Loans. The report recommends
approval of Properties No. 748, 728, 715, 726, and 753 for assistance under
the Ontario Home Renewal Program.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
the report be received and adopted. Carried U~
No. 364 - Chief Administrative Officer - Re: Land Division Committee Consent
No. B-158/~-~ - Nancy Terryberry, 5575 Green Avenue. The report recommends that
Council authorize the preparation of an agreement by the owner's solicitor to
the satisfaction of the City Solicitor.
ORDERED on the motion of Alderman Baker, seconded by Alderman Coville, that the
report be received and adopted. Carried Unanimously.
No. 365 - Chief Administrative Office~t - Re: 1984 Capital Budget Project. The
report recommends that the by-law appearing on tonight's agenda be passed by
Council.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimousl .
See By-law No. 84-175.
No. 366 - Munlci al Works Committee - Re: Fruitbelt Parkway - Development
Agreement Extension. The report recommends that the deadline for completion of
Fruitbelt Parkway, as stipulated in the Development Agreement with Fruitbelt
Trucking Incorporated, be extended to December 31, 1984 subject to the owner
signing an amending agreement and the Letter of Credit being updated.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that
the report be received and adopted. Carried Unanimousl .
No. 367 - Chief Administrative Officer - Re: Tender for New Equipment. The
report recommends that the tender of Paul Foy Pontiac Buick Ltd. in the amount
of $21,317.61 for the supply of three (3) 1984 model compact sedans be accepted
and that the tenders of Motorville Ltd. in the amounts of $50,788.00 for the
supply of four (4) 1985 propane powered panel vans, $60,672.00 for the supply
of six (6) 1985 propane powered pick-up trucks and $17,696.73 for the supply of
one (1) 1985 10,000 lb. G.V.W. delivery van be accepted.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that
the report be receiv, ed and adopted. Carried Unanimousl .
See Reso ution No. 70.
No. 368 - Chief Administrati_~ve Officer - Re: Contract S.L. 19/84 - cleaning,
group relamping and general maintenance of street lighting fixtures. The report
recommends that the unit prices submitted by Bill Kennedy Electric for Contra. ct
8.L. 19/84 be accepted by Council and this contract be awarded.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the report b~ received and adopted. Carried Unanimousl .
.' . See Reso ution No. 71.
8es ~l~w Nb~ 8&-179.
No. 369 - Chief Admlnlstratlv._______~_~___e Officer - Re: Stop Signs on McRae Street. The
report recommends that the by-law appearing later on the Agenda, providing for
atop signs both eastbound and westbound on McRae Street at its intersection
with '8later Avenue, be passed. The Traffic & Construction Engineer discussed
-9-
the background information contained in the report and advised that Staff was
not in favour of the placing of stop signs at the location with the exception
of using this for experimental purposes. He indicated that higher speeds and
less safe roadways would be the result, and the proposed by-law would cease
on September 30th. He advised that 4 speed studies indicate no real problem.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Coville, that
the report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Baker, Chessman, Coville, Cu~unlngs, and Somerville.
NAYE: Aldermen Janvary, Keighan, Merrett, and Orr.
~w No. 84-178.
No. 370 - Municl~ & Traffic Committee - Re: Parking Meters. The
report recommends that this advisory report be received and filed.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that
the report be received and Rdopted. Carried Unanimously.
No. 371 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $2,734,222.50 for the two week period
ending July 9th, 1984, be approved by the passing of the by-law appearing
later on the agenda.
Alderman Cheesman declared a conflict of interest on Cheque No. 01307
because a member of his family is employed with the Library.
Alderman Covllle declared a conflict of interest on Cheque No. 01415
becauee she ie involved in the transaction.
Alderman Cummings declared a conflict of interest on Cheque No. 01398
because a member of his family is involved in the program.
Alderman Keighan declared a conflict, of interest on Cheque No. 01381
because a member of his family is involved.
Alderman Somerville declared a conflict of interest on Cheque No. 01377
because he is the person involved.
Additional information was provided on Cheques No. 01248, 01371, and
01374.
ORDERED on the motion of Alderman Coville, seconded by Alderman Somerville,
that the report be received and adopted. The motion Carried with Aldermen
Chessman, Coville, Cummings, Keighan, and Somerville abstaining from the vote
on Cheques No. 01307, 01415, 01398, 01381, and 01377 consecutively, on conflicts
of interest previously recorded, and all others voting in favour.
No. 372 -~Chief Administrative Officer - Re: Niagara Falls Hydro-Electric
Commission - proposed Capital Expenditure. The report recommends that City
Council ~onsent be granted for the issuance of a debenture issued.in the
amount of $800,000.00 by the Regional Municipality of Niagara to finance the
cost of construction and extension of works during 1984 by the Niagara Falls
Hydro-Electric Commission, and the by-law appearing on this agenda be passed.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Baker, that
the report be received and adopted. Carried Unanimousl .
See B -law No. 84-180.
No. 373 - ~ _ Re: Tests - Sanitary Landfill Site. The report
provides an update report with respect to contacts with the Ministry of the
Environment regarding the above mentioned.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Merrett, that
the report be received and filed. Carried Unanimousl .
No. 374 - ~_ Re: Resolution requesting the Attorney General of
Ontario to obtain an Injunction against persons engaging in Prostitution on
8treats in the City of Niagara Falls. The report recommends that a resolution
be passed requesting the Attorney General of Ontario to obtain an Injunction
against persons engagln8 in prostitution on streets in the City of Niagara Falls.
- 10 -
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that
the report be received and adopted. Carried Unanimously.
Resolution No. 71.
RESOLUTIONS
No. 70 - CUMMINGS - COVILLE - RESOLVED that the unit prices submitted by the
following for new equipment, be accepted:
- Paul Foy Pontiac Buick Ltd.
three (3) 1984 model compact sedans - $21,317.61
- Motorville Ltd.
1) four (4) 1985 propane powered panel vans - $50,788.00
2) six (6) 1985 propane powered pick-up trucks - $60,672.00
3) one (1) 1985 10,000 lb. G.V.W. delivery van - $17,696.73
; ~ND the seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 71 - CUMMINGS - MERRETT - RESOLVED that the unit prices submitted by
Bill Kennedy Electric, for Contract S.L. 19/84, cleaning, group relamping,
and general maintenance of street lighting fixtures, be accepted at the
tendered amount of $22,609.60; AND the Seal of the Corporation be hereto
affixed.
Carried Unan~mousl~.
No. 7~ - CHEESMAN - MERRETT - WHEREAS the Attorney General of the Province of
British Columbia has recently been successful in obtaining an Order from the
Supreme Court of British Columbia prohibiting persons from engaging in
prostitution in certain public areas of the City of Vancouver;
AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems
it desirable to request the Attorney General of the Province of Ontario, the
Honourable Roy McMurtry, to seek a similar remedy in the Supreme Court of
Ontario to prohibit persons from engaging in prostitution'upon streets in the
City of Niagara Falls;
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City
of Niagara Falls hereby requests t~e Attorney General of the Province of
Ontario, the Honourable Roy McMurtry, to make application tto the Supreme Court
of Ontario for an order in the nature of an injunction prohibiting persons
from engaging in prostitution upon streets in the City of Niagara Falls;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimpusl~A
No. ?~ - CHEEEMAN - CUMMINGS - RESOLVED that a message of condolence be
forwarded to the family of the late Wilfred Htnsperger, D.O.~ a respected
member of the community of Sault Ste. Marie, Ontario, and father of Alderman
W. A. Ntnsperger; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 7A - GU~INGS - BAKER - RESOLVED that Alderman Judy Orr be appointed Acting
Mayor in the absence' of His Worship Mayor William $. ~meaton, for the period
of July 14th to July 21st, 1984 inclusive;
AND FURTHER that Alderman Norman Putttck be appointed as Acting Mayor in the
absence of His Worship Mayor William S. Smeaton for the period of July 22nd to
July 29th, 1984 inclusive; AND the Seal of the Corporation be hereto affixed.
parried, UnanimouslY·
ORDERED on the motion of Alderman Chessman, and seconded by Alderman Cummings,
- 11-
that leave be granted to introduce the following by-law and the by-law be read
a first and second time:
No. 84-175 - A by-law'to authorize the road rehabilitation of Valley Way from
Houck Drive to Willmott Street.
Carried Unanimously.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings,
that leave be granted to introduce the following by-laws and the by-laws be
read a first time:
No. 84-176 - A by-law to amend By-law No. 79-200, as amended.(4573 Armoury St.).
No. 84-177 - A by-law to amend By-law No. 79-200, as amended.(AM-4/84).
No. 84-178 - A by-law to amend By-law No. 7531, being a by-law to provide for
the erection of stop signs at intersections. (McRae St.).
No. 84-179 - A by-law to authorize the execution of an agreement with 495514
Ontario Limited for cleaning, group relamping and general
maintenance of street lighting fixtures.
No. 84-180 - A by-law to authorize improvements and extensions to the electrical
power distribution system of the City and the borrowing of
$800,000.00 to pay for part of the cost thereof.
No. 84-181 - A by-law to mnend 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 collection of water
rates.
N~o. 84-182 - A by-law to provide monies for general purposes.
The motion Carried with Aldermen Janvary, Keighan, Merrett, and Orr voting
contrary on By-law No. 84-178; Aldermen Chessman, Coville, Cummings, Keighan,
and Somerville abstainlng from the vote on conflicts of interest on By-law
No. 84-182 as previously recorded in Report No. 371; and all others voting
ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that
the following by-laws be now read a second and third time:
~p. 84-176 - A by-law to amend By-law No. 79-200, as amended. (4573 Armoury St.).
~. 84-177 - A by-law to amend By-law No. 79-200, As amended. (AM-4/84).
N~o. 84-1.78 - A by-law to amend By-law No. 7531, being a by-law to provide for
the erection of stop signs at intersections. (McRae St.).
~p. 84-179 - A by-law to authorize the execution of an agreement with 49551
Ontario Limited for cleaning, group relamping and general
maintenance of street lighting fixtures.
~o. 84-180 - A by-law to authorize improvements and extensions to the elec.trical
power distribution system of the City and the borrowtn§ of
$800,000.00 to pay for part of the cost thereof.
N__O, 84-181 - 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 water works and for ~he imposition and collection of water
rates.
N~o. 84-182 - A by-law to provide monies for general purposes.
The motion pgrried with Aldermen Janvary, Keighan, Merrett, and Orr voting
contrary on By-law No. 84-178; Aldermen Chessman, Covllle, Cummings, Reighan,
and Somerville abstaining from Zhe vote on By-law No. 84-182 on conflicts of
interest previously recorded; and all others voting in favour.
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NEW BUSINESS
gLO-PITCH TOURNAMENT - THE OPTIMIST CLUB
'His Worship Mayor Smeaton referred to a handout co~nunication from the
Optimist Club which advised of the glo-Pitch Tournament for the Provincial
glo-Pitch Championship to be held September 4 - 9, 1984 in Niagara Falls, and
requesting approval and co-operation in the erection of signs on City
property, as well as providing manpower in this regard.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the
request be approved and manpower provided for site specific locations.
Carried Unanimo~y:
ORDERED on the motion of Alderman Keighan, seconded by Alderman Gummings,
that approval be granted to proceed past 11:00 p.m. Carried Unanimously.
NEW BUSINESS
VISITORS
Mayor Smeaton advised that the City of Niagara Falls was visited by
75 Japanese Mayors. He exhibited a Japanese "wrapping cloth" which had been
presented by the visitors.
Mayor Smeaton advised that Mr. and Mrs. H. Cosgrove of this City had
recently visited the Isle of Man in the English Channel and had been presented
with the Coat of Arms of the Isle of Man. His Worship Mayor Smeaton had
exchanged honours.
CITIZEN'S COMMITTEE - TRIBUTE TO GEORGE BUKATOR
The handout communication from the Citizen's Committee for A Tribute To
George Bukator advised that on October 12th, 1984 at the Sheraton Brock Hotel,
Mr. Bukator would be honoured at a Tribute dinner for his 35 years of Community
Service, and~referred to the unveiling of a Park in his honour,~as well'as
declaring October 12th as George Bukator Day.
ORDERED on the motion of Alderman Janvary, seconded Hy Alderman Orr, tha;
approval be granted to name the Park on the Welland Rlver,~George Bukator Park
with the dedication ceremony to be held October 12th, 1984. Carried Unan{mously.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings,
that October 12th, 1984 be proclaimed George Bukator Day. Carried UnanimouslY.
MEETING. 9F COUNCIL WITH NIAGARA SOUTH BOARD OF EDUCATION
Alderman Keighan discussed the recent meetlng of Council with the Niagara
South Board of Education and to the pamphlet of the Board entitled, "Keeping in
Touch".
pgNDITION OF PROPERTY/DUNN STREET
Alderman Cummings referred to a recent conversation with Staff regarding
.a property on Dunn Street. He advised that there were vehicles parked on the
property~ as well as rats, and mice. He requested a full report on the matter
from the Chief Administrative Officer.
MR,.,KAREL SQUCEK ¥
Alderman Cummings referred to the recent action of Mr. Karel Soucek from
Hamilton going over the Falls. He suggested that such actions endangered
Poli~ce and Firemen, and further, that such actions should not be encouraged.
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NIAGARA FALLS HUMANE SOCIETY/BOARD APPOINTEES
Alderman Coville referred to the appointment of two persons to the Board
of Directors of the Humane Society, and suggested that an advertisement be
placed in the local newspaper immediately for the appointments in order that
a decision might be made by Council prior to the September 1984 meeting of the
Board.
ORDERED on the motion of Alderman Coville, seconded by Alderman Merrett, that
the position for appointees to the Niagara Falls Humane Society be advertised
immediately as suggested. ~rri. ed Unanimously.
BIRTHDAY CONGRATULATIONS
Alderman Cheesman offered congratulations and best wishes to Alderman
Cummings who is celebrating his birthday today.
MR. CHARLES CHATAWAY~ p.I.G.
Alderman Janvary commended Mr. Charles Chataway, Director of Economic
Development of the Business & Industrial Growth Agency Inc., for the monthly
report. Mayor Smeaton advised that Mr. Chataway was preparing a detailed
report to be formally presented at a future Council meeting.
COb~iEMORATION CEREMONY/WAR GRAVES OF 1814
Alderman Janvary referred to the Commemoration Ceremony of the War Graves
of 1814 held in Chippawa.
It was moved by Alderman Merrett, seconded by Alderman Cummings, that
the meeting adjourn.
READ AND
CLERK
TWENTY-SEVENTH MEETING
Committee Room #1
July 30, 1984
COMMITTEE OF THE WHOLE
Council met on Monday, July 30th, 1984 at 7:10 p.m. in Committee of
the Whole. All members were present with the exeception of Aldermen Orr
and Somerville. Alderman Puttick presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
REGULAR MEETING
Council Chambers
July 30, 1984
Council met on Monday, July 30th, 1984 at 7:30 p.m. for the purpose of
considering general business. Ail members of Council were present with the
exception of Aldermen Orr and Somerville. His Worship Mayor Smeaton presided
as Chairman. Alderman Cheesman offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman January, seconded by Alderman Keighan, that
the minutes of the meeting held on July 9th, 1984, be adopted as printed.
Carried Unan/mous_~.
PRESENTATIONS
VIT~OPICCA - RETIREMENT WATCH
His Worship Mayor Smeaton presented a retirement watch to Vito Picca.
Mr. Picca started work for the City in April of 1955 as a Labourer in the
Streets Department. He has been a City employee for over twenty-nine years
and retires on July 31, 1984.
.PACIFICO SACCO - RETIREMENT WATCH
Hie Worship Mayor Smeaton presented a retirement watch to Pacifico Sacco.
Mr. Saeeo commenced his municipal service in April of 1964 in the Sanitation
Department. In 1984 he started work as a Labourer in the Parks and Cemeteries
Department where he worked until his retirement at the end of May, 1984 - a
total of twenty years service for the City, the last ten being spent gardening
in the Cemetery Department.
CLAUDE HUNTINGTON - RETIREMENT WATCH
His Worship Mayor Smeaton advised that Mr. Claude Huntington retired on
April 20, 1984 after serving in the Fire Department since May of 1961, a total
of almost twenty-three years. Claude progressed from a first class fire fighter
to the position of Captain to which he was appointed in April of 1975. Mr.
Huntington was not present to receive his watch.
L__LOYD DENNIS - TWENTY-FIVE YFAR PLAQUE
His Worship Mayor Smeaton advised that Mr.. Lloyd Dennis had completed
twenty-five years work for the City. For the whole twenty-five years, Lloyd
has worked in the Parks and Cemeteries Department, first as a Labourer and
then~ in January, 1970, as an Equipment Operator. Mr. Dennis was not present
to receive his plaque.
-2-
MURRAY JOHNSTON - TWENTY-FIVE YEAR PLA U~ .
His Worship Mayor Smeaton presented a Twenty-Five Year Plaque to
Murray Johnston who started work for the City as a Building Inspector in
June of 1959. In January of 1971, Murray progressed to Senior Building
Inspector and to Building and Development Co-ordinator in 1976. On
January 1, 1981, Murray was appointed by City Council to his present
position of Director of Buildings and Inspections.
CHARLES WILLIAMS - TWENTY-FIVE YEAR PLAQUE
His Worship Mayor Smeaton presented a Twenty-Five Year Plaqne to
Charles Williams who started work for the Municipality in June of 1959
as an Operator at the Filtration Plant. In December of 1966, Chuck was
appointed Assistant Superintendent - Equipment, and was promoted to Super-
intendent Equipment on May 16, 1969, his present position.
UNFINISHED BUSINESS
MARKET VALUE ASSESSMENT
Report No. 375 - Chief Administrative Officer - Re: Section 363 of Municipal
Act. The report recommends that the information contained therein be noted,
a copy provided to the representative of Niagara Falls FIT Inc. and Council
again consider the provision of tax relief as provided in Section 363 of the
Municipal Act as outlined in a report tabled at the July 9th meeting.
Mayor Smeaton made reference to the attachments to the Report: Comparison
of 1984 Mill Rates by Municipality; Comparison of 1984 Per Capita Spending Levels
for AreaMunictpalities(Including Own City, Regional and Education Sharing); Com-
parison of 1984 Per Capita Own City Spending by Area Municipality and the letter
received from The Minister of Revenue, the Honourable Bud Gregory.
A lengthy discussion ensued in which several questions arose including
the following: 1) criteria for implementing Section 363; 2) the information
(personal and financial) a person would have to disclose should that person
request tax relief under Section 363; 3) if a person requesting relief could
do so only for one property, or if the individual had several holdings, how
much information must be disclosed; 4) in the event of a partnership, must both
parties disclose all financial information even that which does not pertain to
that partnership; 5} a specific dollar amount that would be involved if Section
363 were implemented; 6) where would the money come from; ~) could something be
done similar to what had been done in Sault SCs. Marie.
In discussion, it was pointed out that Algoma Steel in Sault gte. Marie
appealed their new assessment as a result of Market Value Based Assessment
and that, prior to the hearing of the Assessment Review Court, the municipality
and the people responsible for the assessment were able to reach an agreement
aa to a reduction. ~rnen they went to the Court of Appeal, the assessor re-
commended this reduction, Based on the fact it was agreed to by the municipality,
and subsequently the municipality received some money in the form of a grant
from the Province to compensate for the loss of assessment that arose from the.
settlement with Algoma Steel. The Chief Administrative Officer pointed out that
Algoma Steel is a major industry in Sault gte. Marie and he was not sure if we
had an industry'that would receive a reduction comparable to that of a large
steel company. It was further suggested that we may not have one .major industry,
but possibly a block of industries could get together as a group.
Mr. MatwiJow addressed Council concerning his reply to The Minister of
Revenue, Mr, Bud Gregory, and advised that he would make a copy available to
Council once it is finalized. Mayor Smeaton indicated that'Council would also
appreciate receiving a copy of Mr. 'Gregory's reply.
Mr. Fe,~mino 8usin requested permission to address Council on Market Value
Assessment, specifically the following questions: 1) Mow many Aldermen attended
any of the Assessment Review Courts; 2) the validity of the suggested covenant
or clause to be added to deeds regarding Industrisl Park Lots. The City Solicitor
advised that he believed they were valid and that they had never been challenged.
Following a lengthy discussion, Mayor Smeaton advised Mr. Susin that the City
could approach the assessment people and ask for information on his behalf.
3
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Keighan
that the report be filed with the request that the Chief Administrative
Officer report back to Council on 1) specific reco~aendations with respect
to Section 363; and 2) information obtained with regard to the grant to
the City of Sault ire. Marie regarding Algoma Steel. Carried Unanimously.
Report No. 376 - Chief Administrative Officer - Re: Buildings & Inspections
Department - Construction Commenced without Building Permits and no subsequent
charges laid. The report recommends that the information contained in the
report be received and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett
that the report be received and filed. Carried Unanim~.
Report No. 377 - Chief Administrative Officer - Re: Lemon Road Allowance -
Toro and McMillin. The report recommends that the previous arrangement in which
the McMillin's were allowed to use the Lemon Road Allowance be discontinued as
of August 9th, 1984, and that the road allowance revert to its original status.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger that
the report be received and adopted. Carried Unanimously.
Report No. 378 - Chief Administrative Officer - Re: Parking Lot/South Side of
North Street - Mr. John Crocco. The report recommends that the information
provided be noted and the report received and filed and a copy sent to Mr.
Crocco.
Mr. Crocco again addressed Council regarding the drainage problem he has,
and referred to a letter he and a friend, Mr. Reganti, had seen in the Building
Department. Mr. Crocco was under the impression that this letter from the
Building Department would Be available at Council this evening. Mayor Smeaton
then requested the City Clerk to read the portion of the Minutes of the City
Council meeting held on July 9th, 1984 in which this specific letter is mentioned.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Coville that
the report be tabled for further information. Carried Unanimously.
DEPUTATIONS
.MR. CY MCGUIGAN - 5151 RIVER ROAD
Mr. McGuigan addressed Council with respect to City By-laws and Building
and Plumbing Codes. Ha made reference to several problem areas in City buildings,
specifically arenas. Mayor Smeaton requested that Mr. McGuigan provide his
specific questions in writing in order that the matters could be investigated
by Staff and Council. Alderman Coville requested that copies of Mr. McGuigan's
questions and the report answering them be provided to Council.
MR. V. SHARMA - 8209 LUNDY'S LANE -
Mr. Sharma addressed Council with respect to Market Value Assessment
and the impact it is having on his business. He read from an article printed
in the Niagara .Falls Review regarding his situation and questioned what the
course of action would be for a small businessman like himself to survive.
Mayor Smeaton advised that he would provide Mr. Sharma with the complete
background file on Market Value Based Assessment and, if required, Staff could
provide assistance to him.
~R. JOE JOY - 2175 MEWBUILN ROAD
Mr. Joy addressed Council with respect to the problems and conditions
that exist in mobile home parks, specifically, roads, high taxes, and the
lack of sidewalks, nearby public transportation, etc. He questioned who
was responsible for regulating mobile home parks. It was suggested that
the problem could partially be controlled in the licensing of these mobile
home parks.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary
that the various items mentioned by Mr. Joy respecting mobile home parks
be referred to Staff'for a report to Council. Carried Unanimously.
4
COMMUNICATIONS
No. 245 - City of Hamilton - Resolution requesting each Municipality to name
a street Solidarnosc Place.
ORDERED on the motion of Alderman C,,mmings, seconded by Alderman Hinsperger
that the communication be received and filed. The motion was Defeated with
the following vote:
AYE: Aldermen C,--mings, Hinsperger and Kerrio.
NAYE: Aldermen Baker, Cheesman, Coville, Janvary, Keighan, Merrett and Puttick.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Merrett that
the communication be referred to the Street Name Committee. The motion
Carried with the following vote:
AYE: Aldermen Baker, Cheesman, Coville, Janvary~ Keighan, Merrett and Puttick.
NAYE: Aldermen O,mmings, Hinsperger and Kerrio.
No. 246 - Regional Municipality of Niagara - Boards of Education - Pooled
Assessment. Recommending that the Minister of Education be advised of the
Region's serious concern over the potential financial implications for the
Region of Niagara, its School Boards and Area Municipalities which will result
from the implementation of the Martin plan (pooled assessment), and requesting
that a complete Provincial review of the plan be undertaken with due consideration
given to the suggestions submitted by the Association of Large School Boards
of Ontario.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings
that the Regional Municipality of Niagara be advised of Council's support
of their submission to the Ministry on this matter. Carried Unanimously.
No. 247 - Ontario Good Roads Association - Grader Operating Upgrading
Progr,mme. The communication recommends that the Municipality participate
hy using City equipment and register 2 operators at a total of $460.00.
ORDERED on the motion of Alderman Coville, seconded by Alderman C,,mmings
that the communication be received and 2 operators attend at the course
to be held September 10, 11 and 12, 1984. Carried Unanimously.
No. 248 - Stamford Presbyterian Church - Appreciation for Assistance received
on the occasion of the 200th Anniversary of the Church.
ORDERED on the motion of Alderman C,m~,tngs, seconded by Alderman Hfnsperger
that the communication be received and filed and that a copy of the letter
be sent to Jerry Clark, Superintendent, Parks and Cemeteries.
Carried Unanimously.
No. 249 - City of Bethlehem~ Israel - Requesting the City'~ financial assistance
for various municipal projects.
ORDERED on the motion of Alderman C,,mmtngn, seconded by Alderman Coville
that the communication be received and filed. Carried Unanimously.
No. 250 - Revenue Canada - Duty Free Shops at the Land Frontier.
ORDERED on the motion of Alderman C,,mmlngs, seconded by Alderman Covtlle
that the communication be tabled for further information through the
Mayor's office. Carried Unan./mously.
No. 251 - Town of Leamington - Resolution supporting conservation of all
forms of energy.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Kerrio that
the resolution be endorsed. Carried Unanimously.
No. 152 - Canada Mortgage and Housin~ Corporation - Congratulating City for
achieving the Residential Rehabilitation Assistance Program - Budget
Allocations - 1984 to the end of June.
ORDERED on the motion of Alderman C,m~nlngs, seconded by Alderman Hinsperger
that the communication be received and filed. Carried Unanimously.
No. 253 - Royal Canadian Le~ion - Branch 51 - Requesting parade palmit for
Ladies Auxiliary Convention - September 9, 1984.
ORDERED on the motion of Alderman Merrett, seconded by Alderman C,m~ings
,that the request be approved subject to approval of the required authorities.
,Carried Unanimously.
No. 254 - Royal Canadian Lesion - Branch 590 - Requesting parade permit for
The Annual Warrior's Day Parade, August 19, 1984.
ORDBRED on the motion of Alderman Merrett, seconded by Alderman Cummings
that the request be approved subject to approval of the required authorities.
Carried Unanimously.
5
No. 255 - Club Italia - Request for Special Occasion Permit.
ORDERED on the motion of Aldezman Cummings, seconded by Alderman Hinsperger,
that the request of Club Italia for a special occasion permit for the picnic
to be held on August 19th, 1984, at Club Italia on Kalar Road, Niagara Palls,
be approved subject to the approval of the Regional Police Department, the
Niagara Falls Fire Department, the Niagara District Health Unit, and the
Liquor Licensing Board of Ontario. Carried Unanimously.
No. 256 - Niagara Fastball League - Request for Special Occasion Permit.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the request of the Niagara Fastball League for a special occasion permit
for the softball game to be held on September 6th, 1984, at Ker Park, Niagara
Falls, be approved, subject to the approval of the Regional Police Department,
the Niagara Falls Fire Department, the Niagara District Health Unit, and
the Liquor Licensing Board of Ontario. Carried Unanimously.
No. 257 - Niagara Falls Umpires Association - Request for Special Occasion
Permit.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the request of the Niagara Falls Umpires Association for a special
occasion permit for the slo-pitch tournament to be held on August 23rd,
24th, 25th, and 26th, 1984, at Chippewa Lions Park, Niagara Falls, be
approved subject to the approval of the Regional Police Department, the
Niagara Falls Fire Department, the Niagara District Health Unit~ and the
Liquor Licensing Board of Ontario. Carried Unanimously.
No. 258 - Downtown Board of Management - Requesting permission to Boy
Scouts to sell food in Centennial Square on August 4th, 1984, in conjunction
with sidewalk sale.
ORDERED on the motion of Alderman C,,mmings, seconded by Alderman Hinsperger
that the communication be approved subject to the approval of the Niagara
District Health Unit. Carried Unanimously.
No. 259 - Shady Rest Motel - Requesting permission for a proposed expansion.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio that
the communication be referred to Staff. Carried Unanimously.
No. 260 - Mrs. Veronica MacAulay - Concern about traffic conditions on
Drummond Road at Lions Pool and requesting the City's assistance to ensure
the safety of children who attend at this facility. Alderman Cummings
declared a conflict of interest as a member of his family is involved in
the crossing guard program.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio
that 1) Mrs. MacAuley's concerns be supported by Council and the Region
be requested to act expeditiously on this matter; 2) Staff assign a
crossing guard immediately in this location during the peak hours;
3) the Council of the Regional Municipality of Niagara be requested to
share the cost of providing a crossing guard. The motion Carried with
Alderman C,,mmtngs abstaining from the vote on a conflict of interest
previously recorded, and all others voting in favour.
No. 261 - Mayor B.H. (Harry Barrett~ Town of Oakvill, - Personal
contributions to Muscular Distrophy campaign by members of Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan
that the communication be received and filed. Carried Unanimously.
No. 262 - ~ayor Mel Lastman~ City of North York - Proposed Domed Stadium.
ORDERED on the motion of Alderman C,,m~ings, seconded by Alderman Coville
that the communication be received and filed. The motion Carried with the
following vote:
AYE: Aldermen Baker, Coville, C,,r~,tngs, Hinsperger, Keighan, Kerrio,
Merrett and Puttick.
NAYE: Aldermen Chessman and January.
REPORTS
No. 379 - Chief Administrative Officer - Construction of. Multi-Purpose
Storage Building - Morrison Street Fire Department Property.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsper§er
that the report be received and filed. Carried Unanimously.
-6-
No. 380 - Chief Administrative Officer - Training and Development Program.
ORDERED on the motion of Alderman Ctm~ings, seconded by Alderman Chessman
that the report be received and filed. Carried Unanimously.
No. 381 - Recreation Commission - 1984-1985 Winter Ice Schedules for
Municipal Arenas. The report recommends that the attached 1984-1985
Winter Ice Schedule be approved.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger
that the report be received and adopted. Carried Unanimously.
No. 382 - Chief Administrative Officer - Non-Resident Ice Rental Rates.
The report recommends that Council establish a non-resident rental rate,
further that this rate be 20%, rounded to the next dollar, above the
established local resident ice rental rate.
ORDERED on the motion of Alderman C,,mmings, seconded by Alderman Hinsperger
that the report be received and adopted. Carried Unanimously.
No. 383 - Chief Adminiatrative Officer - Fairfield Place Walkway. The re-
port recommends that 1) further remedial action be taken to deter motorized
vehicles from using the Fairfield Place walkway and Stamford Park, 2) con-
sideration be given to the temporary cloaure of the walkway. The City
Solicitor explained that the term "temporary" meant a specific time period
only, and would require the paasage of a by-law. However, the City could
stop up and cloae the walkway and retain ownership of the property.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman C-mmings that
the Fairfield Place Walkway be closed and that the Municipality retain owner-
ship of the walkway and that it be fenced at both ends. Carried Unanimously.
No. 384 - Chief Administrative Officer - Queen Street - C.A.I.P. - Request
for Pre-Implementation Approvals for 1983/84 C.A.I.P. - Downtown. The report
Recommends:. l) that a letter be sent to the Minister of Municipal
Affairs and Housing requesting Pre-implementation Approvals for 1983/84
C.A.I.P.; 2) that the firm of Chapman Murray Associates be retained to
prepare the landscape/streetacape component of the Queen Street Community
Improvement Plan and that the Solicitor's Department be authorized to pre-
pare a form agreement for Council's approval at a subsequent meeting;
3) that the membership of a Downtown C.A.I.P. Implementation Steering
Committee, with membership from Council, Downtown Board of Management
and Staff, be formulated by Mayor Smeaton and be brought back to Council
for endorsation.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cheesman
that the report be received and the recommendations be adopted. The motion
Carried with Alderman Coville voting contrary, and all others voting in
favour. ~
No. 385 - Municipal Works Committee - TransCanada Pipelines - Transmission
Line Improvements. Alderman Hinsperger declared a conflict of interest as
he is employed by the parent company.
ORDERED on the motion of Alderman Chessman, seconded by Alderman
that the report be received and filed. The motion Carried with Alderman
Hinsperger abtaining from the vote on a conflict of interest pgeviously
recorded, and all others voting in favour.
No. 386 - Municipal Works Committee - Westwood II Subdivision - Status
of Accounts. The report recommends that 1) the requirement of the con-
struction of driveway ramps by the Developer be deleted from the Sub-
divider's Agreement, 2) the Municipality retain enough funds to cover
the cost of the tree planting required on Kalar Road, and3) the accounts
'for this subdivision be closed.
ORDERED on the motion of Alderman 3anvary, seconded by Alde~ma
that the report be received and the recommendations adopted.
'Carried Unanimously.
No. 387 - Chief Administrative .Officer - Contract R.C. 20-84 - Finished
Road Construction in the Falls Industrial Park Subdivision. The report
recommends ,that the unit prices submitted by the low tenderer, Stephens
& Rankin Inc., be accepted by Council.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger
th~tthe!repor~bereceivadand ado~ted.,.:,Carried Unanimously.
See Resolution No. 77
~ee By-law No, 84-19~
-7-
No. 388 - Chief Administrative Officer - Storm Sewer & Sidewalk Cost Sharing
Phase II (200 metres east of Dorchester Road to Portage Road). The report
recommends that 1) the City's share of the storm sewer, estimated at
$48,000, be financed from the Expansion and Renewal Fund, 2) the City's
share to widen the sidewalks on both sides of Thorold Stone Road, estimated
at $8,200, be financed from the Special Purpose Reserve Fund.
ORDERED on the motion of Alderman C-mmings, seconded by Alderman Hinsperger
that the report be received and adopted. Carried Unanimously.
No. 389 - Chief Administrative Officer - Advertising Signs for Slo-Pitch
Tournament - Request of Optimist Club, advising that problems may occur
with regard to the signs being "permanent" and the advertising of the
sponsor may cause concern.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio
that this report be received and that the appropriate representatives
be contacted and a meeting set up to discuss these concerns and that a
report be provided to Council at an early date. Carried Unanimously.
No. 390 - Chief Administrative Officer - Contract R.C. 22-84 - Badger
Road Reconstruction from Montrose Road to East Limit of Registered Plan
NS 42. The report recommends that the unit prices submitted by the low
tenderer, DeRose Contracting Limited be accepted by Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger
that the report be adopted. Carried Unanimously.
See Resolution No. 78
.See By-law No. 84-191
No. 391 - Chief Administrative Officer - Storage of Dewatered Sludge -
Bossert Road Area. Alderman Coville questioned why the residents were not
informed that this area would be used as a storage site, what effect the
dewatered sludge would have on the environment with regard to run-off,
and if the material was to be bermed. The Chief Administrative Officer
indicated that the area chosen was not included in the original application
but Ministry staff inspected the site and could see no problem arising
other than the possibility of a musty odour which might reach adjoining
residences if carried by prevailing winds. He also stated that if the
material did present a problem it would be bermed or mixed with soil to
be sold for top soil, but any concerns with regard to this material should
be conveyed to the appropriate bodies, the Regional Municipality of Niagara
and the Ministry of the Environment.
ORDERED on the motion of Alderman Coville, seconded by Alderman Merrett
that the report be received and adopted. Carried Unanimously.
No. 392 - Chief Administrative Officer - Tender for Crack Sealing - Contract
R.M. 21-84. The report recommends that the tender submitted by Stevens-
villa Lawn Service Limited in the amount of $15,600.00 for sealing of cracks
in roadway surfaces be accepted. Mayor Smeaton advised that he had received
a complaint from a local firm, Provincial Maintenance, that their bid was
identical to that submitted by Stevensville Lawn Service Limited.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville
that this report be tabled until the next meeting of Council when Provincial
Maintenanqe ~ould be heard. Carried Unanimously.
No. 393 - Chief Administrative Officer - Parking on Wellington Street.
The report recommends that parking be removed from the south aide of
Wellington Street from its intersection with Sodom Road 125' easterly.
ORDERED on the motion of Alderman C,mmtngs, seconded by Alderman Coville
that the report be received and adopted. Carried Unanimously.
No. 394 - Parkini Committee - Parking on Britannia Crescent. The report
recommends that the by-laws prohibiting parking between 8:00 a.m. and
8:00 p.m. on the south side of Britannia Crescent from the easterly limit
of 5988 Britannia Crescent to its westerly limit.be rescinded.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cheeaman
that the report be received and adopted. Carried Unanlmousl~.
No. 3~5 - ~arking Committee - Parking on Boulevards. The report recommends
that no change be made in the existing by-laws prohibiting parking on
boulevards.
ORDERED on the motion of Alderman Keighan, seconded by Alderman C,,m~ings
that the repor~ be received and adopted. ~rried Unanimously.
· .7
-8-
No. 396 - Chief Administrative Officer - The Building and Inspections
Department Report for June 1984.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman
that the report be received and filed. Carried UnanimouslJi.
No. 397 - Chief Administrative Officer - Property Standards By-law No. 74-204
- Mr. G. Ruberto - 4918 Roberts Street. The report recommends that the
Corporation retain aw recking contractor to forthwith complete the work
which Mr. Ruberto was directed to carry out under the Order given July 26,
1984, and that any expense incurred by the Corporation, its servants or
agents in carrying out the work be recovered in a like manner as municipal
taxes.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cum/nings
that the report be received and adopted. Carried Un~.
No. 398 - Chief Administrative Officer - Property Standards By-law No. 74-204
- Mr. G. Piscioneri - 6701 Stanley Avenue. The report recommends that the
Corporation retain a wrecking contractor to forthwith complete the work
which Mr. Piscioneri was directed to carry out under the Order given
August 22, 1983, and that any expense incurred by the Corporation, its
servants or agents in carrying out the work be recovered in a like manner
as municipal taxes. Mr. Piscioneri was present at the meeting and addressed
Council stating that he had tried to get his tenant to comply with the
Order, that he had offered his tenant the use of his personal truck to
dispose of some of the material and that he would do the work himself
personally, but he was afraid of his tenant. He also stated that he was
retired and could not afford to assume the additional cost if the City did
the work. It was suggested that Mr. Piscioneri terminate the lease with
the tenant if the tenant did not comply with the landlord's request.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman
that the report be received and adopted. The motion Carried with Alderman
Kerrio voting contrary, and all others voting in favour. Mayor Smeaton
requested that he be recorded as being opposed to the motion.
No. 399 - Chief Administrative Officer - Property Standards By-law No. 74-204
- Mr. J. Barons - 5927 Buchanan Avenue. The report recommends that the
Corporation retain a disposal service to forthwith complete the work which
Mr. Barone was directed to carry out under the Order given June 25, 1984
and that any expense incurred by the Corporation, its servants or agents
in carrying out the work be recovered ina like manner as municipal taxes.
Mr. Rosario Barone was present and stated that he had tried several times '
to have his tenant comply. The Director of Buildings and Inspections
advised that this has been an ongoing problem for several years now.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger
that the report be received and adopted. Carried UnantmouslZ.
No. 400 - Chief Administrative Officer -Chippawa Library Addition.
The report recommends that the information contained in the report be
received and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman liinsperger
that the report be received and filed. Carried Unanimously.
No. 401 - MunicipalWorks Committee - Proposed Sale of Unopened Walkway
48(3) Running Northerly from McLeod Road to Walkway 48(2) between Village
Crescent and Frontenac Street. The report recommends that 1) approval
be granted for the sale to Mr. SmilJanich of the easterly one-half of
that portion of the unopened walkway which abuts the land owned by him;
and that approval also be granted for the sale to Mr. gmilJanich of the
westerly one-half of that portion of the unopened walkway which abuts
the land owned by Mr. and Mrs. Batsman; and 2) that approval be.granted
for the sale of one-half the width of the remainder of the unopened
walkway to the respective owners of the abutting lands.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings
that the report be received and adopted. Carried Unanimously.
No. 402 -~ Works Committee - Walkways on Brian Crescent - Removal
Of Staggered Gates. The report reco~ends that the gates at both ends of
the two walkways from Brian Crescent to Dorchester Road and Harrtman Street
be removed. '
ORDRREO on the motion of Alderman Cummings~ seconded by Alderm,an Merrett ..
that the report be. received and.adopted, Carried Unanimousl
-9-
No. 403 - Chief Administrative Officer - Proposed Closing and Sale of
Walkway 13(2) from Pheasant Lane to Ontario Hydro Lands. The report
recommends that 1) Council hear, at tonight's meeting, any person who
claims that his or her land will be prejudicially affected by the
proposed by-law to close the above walkway and who applies to be heard;
2) if there are no such claims, the Council pass the by-law listed on
tonight's agenda to stop up and close and to authorize the sale and
conveyance of the walkway, 3) Council also pass the resolution appear-
ing on tonight's agenda to authorize an application to the Minister of
Municipal Affairs and Housing for approval of the by-law.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger
that the report be received and adopted. Carried Unanimous_~_.
~-law No. 84-183
See Resolution No. 76
No. 404 - Chief Administrative Officer - Conveyance to Region -
Thorold Stone Road. The report recommends that a 10 foot by 10 foot
parcel of land be conveyed to the Regional Municipality of Niagara
to provide a uniform with for Thorold Stone Road.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett
that the report be received and adopted. Carried Unanimously.
No. 405 - Chief Administrative Officer - City Laneway, Ferguson Street -
DiCosimo. The report recommends that the municipality convey a laneway
12 feet by 162 feet, running northerly from Ferguson Street, to Mr.
DiCostmo for the appraised value plus legal costs AND; that Mr. DiCosimo
enter into an agreement with the municipality respecting the closing, in
a form satisfactory to the City Solicitor.
- ORDERED on the motion of Alderman Keighan, seconded by Alderman Cummings
that the report be received and adopted. Carried Unanimouslz.
No. 406 - Chief Administrative Officer - Proposed Closing and Sale of Part
of the Lane North of Ellen Avenue in Exchange for Other Land with P. P. & p.
Hotels Limited for Road Purposes. The report recommends that 1) Council
hear, at tonight's meeting, any person who claims that his or her land will
be prejudicially affected by the proposed by-law to close the above noted
part of the lane and applies to be heard; 2) if there are no such claims,
the Council pass the by-law listed on tonight's agenda to stop up and close
and to authorize the sale and conveyance of the lane to P. P. & p. Hotels
Limited in exchange for a conveyance to the City by P. P. & P. Hotels Limited
of other lands as set out therein, for future road widening purposes; 3)
Council also pass the by-law appearing on tonight's agenda to assume the
part of the lane to be closed and conveyed as per recommendation No. 2.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan
that the report be received and adopted. Carried Unanimouslz.
~ee__~_e~aw Nos. 84-189 and 84-188
No. 407 - Chief Administrative Officer - Municipal Accounts.
Alderman Cu~nings declared a conflict of interest on Cheque No. 01556
because he i~ an employee of the firm.
Alderman Htnsperger declared a conflict of interest on Cheques No. 01517,
01564 and 01729 as he is an employee of the firm.
Alderman Keighan declared a conflict of interest on Cheques No. 01557 and
01717 as they involve members of his family.
Additional information was requested on Cheques No. 06192, 01736, 01773,
01850 and 01807. ' ..:
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings
that the report be received and adopted. The motion Carried with Alderman
Cummings, Hinsperger and Keighan abstaining from the vote on Cheques No.
01556, 01517, 01564, 01729, 01557 and 01717 consecutively~ on conflicts
of interest previously recorded, and all others voting in favour.
See By-law No. 84-192
- 10 -
No. 408 - City Clerk - Monte Carlo on Sundays. The report recommends
that Council determine if it wishes to permit Monte Carlo Events to
be held on Sundays. Mr. A. Condotta, a member of the Sertoma Club,
was present and requested permission to address Council regarding
this matter. He stated that the reason they wished Council to allow
Monte Carlo events on Sunday is that the beneficiary of this event
is the Greater Niagara General Hospital Equipment Fund and that most
of the people attending the events previously held were tourists.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Coville
that.the request for Monte Carlo events on Sundays be denied.
Carried Unanimously.
ORDMO on the motion of Alderman Cheesmen, seconded by Alderman Cmiugs
to proceed after 11:00 p.m. The motion Carried with the following vote:
AYE: Aldermen Cheesman, Cummings, .Hinsperger, Janvary, Keighan, Kerrio
and Merrett.
NAYE: Aldermen Baker, Coville, and Puttick.
No. 409 - Mayor Smeaton - Emergency Readiness Program for Mayors and
Elected Officials. The report recommends that Mayor Smeaton be authorized
to participate in an Emergency Readiness Program for mayors and elected
officials sponsored by Emergency Planning Canada.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett
that the report be received and adopted. Carried Unan/mousl~.
Alderman Baker retired from the meeting.
RESOLUTIONS
No. 75 - JANVARY -MERRETT - RESOLVED that the Council of the City of
Niagara Falls approve the dedication of the 30.898 acres of land situated
on Township Lots No. 212 to 218 inclusive, in the former Township of
Stamford, now in the City pf Niagara Falls, and located on the north
shore of the Welland River between the river bank and Chippawa Parkway,
extending from Stanley Avenue on the east to the Ontario Hydro Canal on
the West, as George Bukator Park;
AND FURTHER that the dedication Ceremony be held on October 12th, 1984;
AND FURTHER that October 12th, 1984 be proclaimed George Bukator Day;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 76 - CUMMINGS - KEREIO - RESOLVED that pursuant to section 298 of the
Municipal Act, R.S.O. 1980, the Minister of Municipal Affairs and Housing
be requested to approve By-law No. 84-143 to stop up and close and to
authorize the sale and conveyance of the public walkway between Pheasant
Lane and the lands of Ontario Hydro shown as Block F on Registered Plan
M-29;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
See By-law No. 84-183
No. 77 -MERRETT - HINSPERGEH - RESOLVED that the unit prices submitted
by the low tenderer, Stephens & Rankin Inc. re Contract R.C. 20-84, Finished'
Road Construction in the Falls Industrial Park Subdivision be accePted;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
See By-law'No.. 84-190
No, 78 - CUMMINGS - RINSPERGER - RESOLVED that the unit prices.submitted
by the low tenderer, DeRose Bros. Contracting Limited, for Contract R.C. 22-84
- Badger Road reconstruction from Montrose Road to East Limit of Registered
Plan NS 42;
AND the.Seal of the Corporation be hereto affixed.
A~derman Puttick retired from the meeting.
Carried Unanimously.
,See By-law No. 84-191
- 11 -
BY-LAWS
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings
that leave be granted to introduce the following by-laws and by-laws be
read a first time:
No. 84-183 - To stop up and close an to authorize the sale and conveyance
of the public walkway between Pheasant Lane and the lands of
Ontario Hydro in Registered Plan M-29.
No. 84-184 - To authorize the execution of an agreement with Fruitbelt
Trucking Inc.
No. 84-185 - To close Bridgewater Street, Cummings Lane and Cummington
Square East to vehicular traffic on a temporary basis.
No. 84-186 - To authorize the conveyance of land to The Regional Municipality
of Niagara.
No. 84-187 - To authorize the execution of an agreement with The Starr Group
Inc. in respect of a Community Improvement Policy Study.
No. 84-188 - To assume part of the lane lying north of Ellen Avenue in
Registered Plan No. 3039 former Town, now City of Niagara Falls,
now known as Plan 291.
No. 84-189 - To authorize the stopping up, closing and sale of that part
of the Lane north of Ellen Avenue.
No. 84-190 - To authorize the execution of an agreement with Stephens and
Rankin Inc. for finished road construction in the Fails Industrial
Park Subdivision.
No. 84-191 - To authorize the execution of an agreement with DeRose Bros.
General Contracting Ltd. for the reconstruction of Badger Road
from Montrose Road to the East limit of Registered Plan N.S. 42.
No. 84-192 - To provide monies for general purposes.
The motion Carried with Aldermen Cummings, Hinsperger and Keighan abstaining
from the vote on conflicts of interest on By-law No. 84-192 as previously
recorded in Report No. 407; and all others voting in favour.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings
that the.following by-laws be now read a second and third time:
No. 84-183 - To stop up and close and to authorize the sale and conveyance of
the public walkway between Pheasant Lane and the lands of Ontario
Hydro in Registered Plan M-29.
No. 84-184 - To authorize the execution of an agreement with Fruitbelt Trucking
Inc.
No. 84-185 - To close Bridgewater Street, C,mm~ngs Lane and C,,mmington Square
East to vehicular traffic on a temporary baeis.
~o. 84-186 - To authorize the conveyance of land to The Regional Municipality
of Niagara.
N~o. 84-187 - To authorize the execution of an agreement with The Start Group
Inc. in reapect of a Community Improvement Policy Study.
~o. 84-188 - To assume part of the lane lying north of Ellen Avenue in
Registered Plan No. 3039 former Town, now City of Niagara Falls,
now known as Plan 291.
N~o. 84-189 - To authorize the stopping up, closing and sale of Chat part
of the Lane north of Ellen Avenue.
~0. 84-190 - To authorize the execution of an agreement with Stephens and
Rankin Inc. for finished road construction in the Falls
Industrial Park Subdivision,
- 12 -
No. 84-191 - To authorize the excution of an agreement with DeRose Bros.
General Contracting Ltd. for the reconstruction of Badger
Road from Montroie Road to the East limit of Registered
Plan N.S. 42.
No. 84-192 - To provide monies for general purposes.
The motion Carried with Aldermen C~mmings, Hinsperger and Keighan abstaining
from the vote on conflicts of interest on By-law No. 84-192 as previously
recorded, and all others voting in favour.
NEW BUSINESS
BICENTENNIAL EVENT
Alderman Janvary reminded Members of Council about the upcoming
Bicentennial Event to be held on Sunday, August 26th at Optimist Youth Park.
RAILWAY TRACKS - DORCHESTER ROAD
It was moved by Alderman C,,mmings, seconded by Alderman ~Kerrio that the
meeting adjourn.
Mayor Smeaton referred to a letter he received regarding a problem at
the railway tracks near Chemacryl Plant on Dorchester Road. It is a dangerous
intersection, due not only to an overgrowth of brush, but also to the
increased traffic to and from the Chemacryl Plant and the Humane Society.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings
that this be referred to Staff for investigation.
Carried Unanimously.
TWENTY-EIGHTH MEETING
Committee Room #1
August 13, 1984
COMMITTEE OF THE WHOLE
Council met on Monday, August 13th, 1984 at 6:30 p.m. in Committee of
the Whole. All members were present with the exception of Alderman Merrett.
Alderman Covllle presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose to report in open Council.
MAYOR WILL~ S. SMEATON
Council Chambers
August 13, 1984
Council met on Monday, August 13th, 1984 at 7:30 p.m. for the purpose of
considering Planning Matters and general business. All members of Council
were present. His Worship Mayor Smeaton presided as Chairman. Alderman
Cummings offered the Opening Prayer.
~RESENTATION
~AGARA, PROMOTION ASSOCIATION - RECOGNITION PLAQUE
His Worship Mayor Smeaton expressed appreciation and presented a
Recognition Plaque to Mrs. Loretta Rae, President of the Niagara Promotion
Association~ on the occasion of ~he 25th Anniversary of the Association.
WELCOME
His Worship Mayor Smeaton welcomed the Official Town Crier, Mr. Paul
Balllie, to the meeting. Mr. Balllie presented the cry of the Regional
Municipality of Niagara "Cryoff" which included greetings of Niagara Falls
to all Ontario on the 200th Birthday of the Province.
pEPUTATION
M~R. WILLIAM TNOMPSON~ PRESIDENT~ CHAMBER OF COMMERCE
Mr. Paul Batllie) Town Crier, introduced Mr. William Thompson who was
dressed in "period costume". Mr. 'Ihompson issued a challenge to City Council
to attend the Bicentennial Celebration on August 26th, 1984, at 12:30 p.m. at
the Optimist Recreation Park, in Bicentennial costume, to participate in the
festivities. I~ was noted that the costume parade is scheduled for 3:00 p.m.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker,
that the minutes of the meeting held July 30th, 1984, be adopted as printed.
Carried Unanimousl .
REPORTS - P~,A~,~NG, HATTERS
No. ~10 ~ (PD/57/84) - Chief Administrative Officer - Re: AM-8/84 Zoning
amendment application -' ~oposed construction of a 6 storey, 90 unit Hotel.
The report recommends that Council consider approval of the application and
that staff be directed to prepare an amending by-law for Council approval
based on those matters no~ed in the Technical Repot: being accommodated, and
that the added provision for adequate signing to direct parking, as requested
by the Municipality, be agreed to by the applicant.
2
-2 -
His Worship Mayor Smeaton declared this a public meeting.
The City Clerk explained the proposal to amend By-law 79-200 in order to
permit the construction of a 6 storey, 90 unit Hotel, providing a full range
of services and to permit the majority of parking required for the development
to be recognized to be permitted on other lands.
Mayor Smeaton requested information concerning the presence, at the meet-
ing of the applicant or his agent. Mr. Joe Angotti indicated his presence.
A negative response was received regarding the presence of persons other than
the applicant or his agent, in favour of or opposing the application.
The City Clerk advised that Notices of the Public Meeting had been
forwa~ged by. first class mail on July llth, 1984.
M~)or Sm~atoh 'advised that any persons present who wish to receive further
notice of the passing of the by-law should leave their names and addresses with
the Clerk prior to leaving the meeting.
The Planning Director demonstrated, with the assistance of posted sketches,
the following proposed change in zonlng:
1) To change the designation of Property nB" located on Ellen Avenue, from TC
(Tourist Conmerctal) to P (Parking) with a special provision added to only
permit the recognition of this parking area and its spaces to be used in
conjunction with the development proposed on Property "A". Currently,
By-law 79-200 requires all necessary parking for any development to be on
the site of the development.
2) To permlt a change of use on Property "A" located on Victoria Avenue, to
permit the construction of a 6 storey, 90 unit Hotel having a restaurant,
lounge area and pool and other related hotel activities with other require-
manta establishing specific regulations, I.e., lot sizes, front, rear and
side yard setbacks, lot coverage, building height, parking and access
requirement, and landscaped open space.
A negative response was received concerning a request of Mayor Smeaton
for comments from persons in favour of the application, and those opposed.
Mr. Joe Angottl reviewed the proposed application which he suggested was
an improvement because of additional landscaping as well as land for parking.
A discussion was held in connection with the Lanmer ronco Tourism Study
recommendation for parking and a walkway. Alderman Merrett advised that the
Municipal Traffic and Parking Committee was of the opinion that the applica-
tion should not be ~lthheld because of the Lanmer ronco Study.
Mr. Angottl indicated his willingness to construct a. fence along .the
northwest border of the property. He discussed plans for security ~urposes
for guests of the hotel.
The Planning Director replied to questions raised regarding ingress and
egress on Ellen Avenue, and the possible construction of a walkway in.the
future.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Merrett~ that
the report be received and adopted. Carried Unanimous1 .
No. 411 - (PD/60/84) - Chief Administrative Officer - Re: AM-19/82 Zoning
amendment application - Applicant, Dr. V. Vaeic. The report recommends the
following:
1) That Council give consideration to tile revised parking arrangements
which the applicant is increasing by 25% over the previous proposal;
l) That the application for the professional building and improved parking
facilities be approved; and
3) That the by-law appearing on Council agenda, respecting the change in
.zoning,lbs amended to accommodate the increased parking requirements and
site plan control~ be approved by Council.
-3 -
Mr. David Hutchinson of David Hutchinson & Associates, Construction
Management & General Contracting, represented Dr. Vasic at the meeting. }{e
advised that the proposed plan had been "re-worked" in co-operation with
City Staff, and appeared to be mutually satisfactory. Mr. Butchinson
referred to the increased parking, low profile building, setback from tile
street, and the "low intensive use" which would not create a pedestrian
traffic problem. He suggested that the use was "ideal" for the area.
A discussion followed regarding the number of offices which would be
available, anticipated parking for staff and patients, and tbs possibility
of renting the offices to General Practitioners rather than to Specialists,
which could create an increased parking need.
In reply to questions raised, the Director of Buildings & Inspections
advised that Dr. Vasic has been using the house on Britannia Crescent for
office purposes, illegally, and a charge had been laid. He discussed the
number of parking spaces required for the proposal.
Mrs. Joan Campbell, 5919 Britannia Crescent, referred to office vacancies
in the Professional Building on Portage Road, traffic conditions in this area,
and stated that 15 - 20 patients were visiting Dr. Vasic's office daily. Mrs.
Campbell discussed a former traffic count showing 6,450 vehicles dally, and
the traffic increase since that time. Mrs. Campbell pointed out that allowance
had not been made for wheelchair patients, and further that the parking area
was within 3 feet of the sidewalk on Portage Road which would eliminate one
parking space. She expressed opposition to the amendment application. Mrs.
Campbell advised that the Court Hearing regarding the charges laid against Dr.
Vasic had been adjourned to September 13, 1984.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that
the report be tabled for further information. The motion Carried on the
following vote:
AYE: Aldermen Baker, Cummings, Janvary, Keighan, Kettle, Orr, Puttick, and
Somerville.
NAYE: Aldermen Chessman, Covllle, Hlnsperger, and Merrett.
DEPUTATION
SLU~DGE SPREADING/STANLEY AVENUE SOUTH AREA
Mr. Philip Gorchynski, 10446 Stanley Avenue, presented a Petition to
Council on behalf of residents in the area of Stanley Avenue South. He dis-
cussed the concerns of the residents with regard to Barrel Farms of Ancestor,
Ontario, spreading "human sludge and waste" in the surrounding area in the
amount of 17 gallons per acre, and causing the accumulation of mosquitoes and
flies as well as an unpleasant odour. He questioned the safety of drinking
Water from cisterns and reviewed a sketch of the subject area. I~. Gorchynaki
.advised that this ia a flood plain area and expresseci concern that the sludge
had spread into the ditches that drain into Lyon's Creek. Another concern
expressed was the delay in plowing the sludge under and the presence of seagulls
which may remove the material to other areas.
Mr. Gorchynski advised of contacts made to the Niagara Peninsula Conserva-
tion Authority, and Regional Niagara Director of Engineering with respect to
the problem. He referred to a sample taken of tile clay soil In the site, and the
presence of methane gas and growth of baaterla in the sample.
During the discussion that followed, Regional Councillor Peter Sobol
stated that he had learned of the problem toaday that the spreading process
must be conducted according to the guidelines and approval of the Ministry of
the Environment, however, he expressed concern regarding the situation.
Councillor Sobol advised that the matter would be given consideration at the
upcoming meeting of the Regional Municipality of Niagara Public Works,
and expressed the opinion that the presence of representatives from the Health
Unit and Ministry of the Environment au well as Mr. Gorchynski was desirable.
The Chief Administrative Officer advised that the Region had contracted
with the firm for disposal of the waste with approval of the Ministry of the
Environment.
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A discussion followed regarding the Municipality's lack of knowledge
with respect to waste material from other areas being deposited in the City,
the tested safety of sludge leaving the processing plant, the lack of water
courses in the subject area, monthly testing for metals to nitrate ratio, and
possible health hazard.
Regional Councillor Sherar, a member of the Health Services Committee,
advised' that he would refer the matter to the Regional Health Department.
In reply to questions raised regarding the zoning of the subject land
allowing for the spreading of sludge, the Chief Administrative Officer stated
that the material would be classified as fertilizer, and this point would be
investigated.
Mr. Gorchynski referred to absentee landowners in the area who were not
aware of the land use, thelack of proper ditches, and to the condition of roads
in the area.
Alderman Orr retired from the meeting.
Following further discussion it was moved by Alderman Coville, seconded
by Alderman Somerville, that the matter be referred to Staff for investigation.
Carried Unanimously.
UNFINISHED BUSINESS
TENDER FOR CRACK SEALING - CONTRACT R.M. 21/84 - AND -
REPORT OF CHIEF ADMINISTRATIVE OFFICER
Report No. 392 - Chief Administrative Officer - Re: Tender for Crack Sealing,
Contract R.M. 21/~t recommends that the tender submitted by
Stevensville Lawn Service Limited tn the amount of $15,600.000 for sealing of
cracks in roadway surfaces be accepted. The report was tabled from the July
30, 1984 Council meeting in order that the firm of Provincial Maintenance might
participate in the discussion.
Mr. Ralph Terrio, Provincial Maintenance stated that he is "sole, owner" of
the firm, and is a resident of Niagara Falls. He requested information regard-
ing the reason his firm had not been accepted.
The Maintenance & Operations Engineer advised that he'had viewed the equip-
ment of the firm but had been unsuccessful in contacting Mr. Terrio directly.
Me further advised that the mailing address of Provincial Maintenance is listed
as Port Robinson.
Mr. Steven Tykolis, Stevensville Lawn Service Limited, stated that the
equipment of his firm meets approved safety standards, and he expressed assur-
ance that the work could be completed within 4 days.
Following further discussion it was moved by Alderman Coville, seconded
by Alderman Keighan, that the matter be tabled for a further report from the
Maintenance & Operations Engineer regarding the acceptability of equipment and
work in connection with Provincial Maintenance. Carried Unanimously.
REPORT
No. 4iZ - Municipal Works Committee - Re: Deletion of Sidewalks on Latins
Crescent. The report recommends that the sidewalks on Latins Gr. be deleted
subject to an amending subdivision agreement and indemnity as proposed by Mr.
N. Damore.
Alderman.Kerrto declared a conflict of interest because he is related to
the developer. He advised that his name was on the report as Chairman, however,
he did not attend the meeting when the matter was discussed and he had not
signed the report personally. Alderman Keighan presented the report on behalf
of, the Committee. ,
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l~. and Mrs. D. Bianco, 4432 Latina Crescent, and Mr. and Mrs. G. Guzzo,
4397 Latins Crescent advised Council that they were in favour of sidewalks as
a safety measure to residents in the cul-de-sac.
Mrs. Jean Fogg, 4465 Latins Crescent, referred to a petition previously
submitted which demonstrated that the majority of residents did not desire
sidewalks on Latina Crescent. She referred to other streets and subdivisions
in the City which do not have sidewalks, to the parking of cars in the Crescent
and children playing nearby. Mrs. Fogg further referred to maintenance costs
of sidewalks, to the walkway which had been deleted from the original plan, and
expressed the opinion that a safety problem did not exist on the Crescent.
Mrs. Fogg further stated that 19 of the 23 families on Latins Crescent do not
wish to have sidewalks.
A discussion followed regarding the City's policy in matters of this kind.
Mr. H. Damore, Developer, advised that the residents who did not desire the
sidewalks had not requested refunds on monies paid, and further, that the
residents had received '~ore than the value of sidewalks" in other services.
Following further discussion it was moved by Alderman Cummings, seconded
by Alderman Hinsperger, that the report be received and adopted. The motion
Carried with Alderman Kerrio abstaining from the vote on a conflict of interest
previously recorded, and the following vote:
AYE: Aldermen Baker, Cheesman, Cummings, Hinsperger, Janvary, Merrett, Puttick,
and Somerville.
NAYE: Aldermen Coville, and Keighan.
Alderman Somerville retired from the meeting.
DEPUTATIONS
MR. PAUL LEARN, 8272 MUNDARE CRESCENT - EASEMENT/BELL CRESCENT
Mr. Paul Learn, 8272 Mundare Crescent, advised Council of his intention of
building a home on property he was purchasing on Bell Crescent, for which he
has a building permit, and of a 30' easement for a storm sewer across the rear
portion of the lot. He had contacted the City Engineering Department in order to
obtain approval to build with encroachment onto the easement and within 3'
of the existing storm sewer.
The Director of Municipal Works advised that the easement referred to
Was part of the "Little Mississippi" drain which is partially piped and is
required during "high water" periods. .Ne suggested that a 5' encroachment, or
relocation, might be considered.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger,
that the matter be referred to Mayor Smeaton and the Chief Administrative
Officer to investigate and resolve, and report back to Council.
C~arried Unanimously.
M__RS. EILEEN J. WALLACE; 4524 PINEDALE DRIVE - DELL PARK EXTENSION
Mrs. Wallace discussed her opposition to sidewalks being constructed in
the Dell Park Extension I Sudivision, where 8 homes will be constructed.
During the discussion that followed the Director of Municipal Works advised
that the imposition of sidewalks in the subdvision is a policy of Council,
and further, that it seems reasonable to extend the sidewalks.
ORDERED on the motion of Alderman Coville, seconded by Alderman Chessman,
that the matter be referred to the Municipal Works Committee for consideration
and that Mrs. Wallace be advised of the date of the meeting.
Carried Unanimously.
UNFINISHED BUSINESS
PARKING LOT - SOUTH SIDE OF NORTH STREET, ,MR. JOHN CROCCO - AND -
R__~PORTS OF CHIEF ADMINISTIL~.TIVE OFFICER
No. 413(a) - ~hief Administrative Officer - Re: Parking Lot/South Side of
North Street, Mr. John Crocco. The report reco~nends that the information
contained therein be noted and the report received and filed, and a copy sent
to Mr. Crocco.
No. 413(b) - Chief Adm~ptstrative Officer - Re: 5892 North Street, vehicle,
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(Mr. John Crocco). The report recommends that it is for the information only.
Mr. Crocco addressed Council and referred again to a letter from the Building
Department regarding the matter, and again related the incidents leading up to
the present situation. A discussion followed in connection with the misunder-
standing about the letter referred to which does not appear to be available.
ORDERED on the motion of Alderman Puttick, seconded by Alderm~n Cummings, that
the reports be received and filed and the matter referred to Staff to arrange
a meeting between Mr. Crocco, the new owners of the neighbouring property,
Mayor Smeaton, Aldermen, and City Staff to resolve the matter and report to
Council. ~rried Unanimously.
DEPUTATION
MR. MALCOLM GIBSON, GREEN SAKES MOBILE HOMES - TAXES & WEEDS
Mr. Malcolm Gibson discussed the result of his tax appeal, and submitted
a written presentation with respect to "Ragweed" which was reviewed. He re-
quested that Staff be directed to investigate weed control in the City.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that
the matter be referred to the Regional Health Department, and the Weed Inspector
for comment. Carried Unanimousl7.
COMMUNICATION
No. 263 - The Optimist Club - Re: Old Vienna Slo-Pitch Tournament. The
communication advises of the upcoming O.V. Provincial Slo-Pitch Championship
tournament and requests exemption under the Rules and Regulations for the Use
of City Parks and Athletic Fields. The Deputy Recreation Director advised that
letters had been forwarded to interested groups requesting information with re-
gard to concerns. However, no response has yet been received from the groups.
He advised that the Tournament would be scheduled from September ? - 9, 1984
and would require the majority of playing fields in the City. The Deputy
Recreation Director suggested that there should be flexibility in this case,
and stated that there appeared to be no problems connected with granting of
the request.
A discussion ensued with regard to the approved 1984 program of events,
the possibility of a conflicting use of a field during the specified period of
time, ae well as the size and impact of the subject event.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that the request for exemption be approved for 1984, to be effective from
September 7th, to 9th, 1984. The motion Carried on the following vote:
AYE: Aldermen Baker, Cheeeman, Hineperger, Keighan~ Kerrio, Merrett, and
Puttick.
NAYE: Aldermen Coville,. Cummings, end Janvary.
REPORT
No. 414 - Chief Administrative Officer - Re: Baden Powell Park Agreement. The
report recommends that Council pass the by-law appearing on tonight's agenda to
authorize an agreement between the City of Niagara Falls and the Niagara Falls
Youth Soccer Club for the use of Baden Powell Park.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Htneperger,
that the report be received and adopted. Carried Unanimously.
See BT-law No. 84-198.
.pNFINISHED BUSINESS
Report No. 415 - Mayor Smeaton - Re: O.W.M.C. Proposed Sites, City of Niagara'
Fells, Proposed Tourism Impact Study. The report recommends the following:
1) That the'consulting Company, Pannell, Kerr, Forster~ Campbell & Sharp be
engaged forthwith by the City of Niagara Falls to carry out a Tourism
'-Impact Study - subject to the execution of a contract (including final
terms of reference) and a by-law being enacted by Council.
2) That the fee for the first Phase be $12,000 plus incidental expenses which
will be listed in the contract.
The Chief Administrative Officer advised that a report will be prepared
regarding funds which have been committed,from the approved $35,000. . . ·
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During the discussion the Planning Director discussed the importance of
the impact study in relation to future discussions with the O.W.M.C.
ORDERED.on the motion of Alderman Coville, seconded by Alderman Kerrio, that
the report be received and adopted. Carried Unanimously.
Verbal Report - O.W.M.C. Research Team - Re: Drilling in Candidate Areas.
The Research Team comprised of Mrs. Gretchen de Boer, Co-ordinator, Dr. Frank
Huhn, and Mr. Raf Serafin, were in attendance. Mrs. de Boer discussed the
progress of the study, and concerns regarding hmnan health and the environment
as well as minimizing cost.
Dr. Huhn presented a visual demonstration with the assistance of an over-
head projector. He discussed the two proposed sites in Niagara Falls, the
existing information regarding soil conditions based upon existing wells, and
the planned drilling areas for the purpose of obtaining supporting information.
Report No. 416 - Chief Administrative Officer - Re: O.W.M.C. Proposed Toxic
Waste Treatment - Stunmary of O.W.M.C. Documents. The report recommends that
the attached report "O.W.M.C. Facilities Development Process - A summary of
Documents", prepared by the City's Graduate Research Team, be received for
information.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that approval be granted to proceed past 11:00 p.m. The motion Carried on the
following vote:
AYE: Aldermen Baker, Cummings, Hinsperger, 3anvary, Keighan, Merrett, and
Puttick.
NAYE: Aldermen Cheesman, Coville, and Kerrio.
REPORTS - PLANNING MATTERS
No. 417 - (PD/58/84) - Chief Administrative Officer - Re: ST-81 Business
Improvement Area Legislation - Review of Legislation by Province. The report
recommends that the Ministry of Municipal Affairs & Housing be informed that
the City of Niagara Falls has not experienced any difficulty in working with
Section 217 of the Municipal Act but is sympathetic to the issue raised by the
Niagara Falls Downtown Board of Management, as stated in its letter of July 27,
1984, addreseed to the Community Renewal Branch.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that
the report be received and adopted. Carried Unanimously.
No. 418 - (PD/61/84) - Chief Administrative Officer - Re: ST-93 1983/84
C.A.I.p. - Required Public Meeting and Status Report. The report recommends
the following:
1) That Council concur with etaff holding the required Public Meeting on
Monday, September 10, 1984 at 8:00 p.m., at which time the draft "Queen
Street Community Improvement Plan" will be presented for public comment.
2) That this report be received and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker,
that the report be received and. adopted. Carried Unanimously.
No. 419 - (PD/59/84) - Chief Administrative Officer - Re: 8T-144 Six Month
Report on Residential D~velopment. The report recommends that the information
contained therein be received and filed for information purposes.
ORDERED on the motion of Alderman Cumminge, seconded by Alderman Coville, Lhat
the report be received and adopted. Carried Unanimouply.
DEPUTATION
REGIONAL COUNCILLOR PETER SOBOL - CENTRALIZATION OF FIELD SERVICES,
AN~DCROSSING GUARD AT DR. FINGLAND DAY CARE CENTRE
Communication No. 264 - Re~iona~ Council~pr $obol - Re:
8
iij I
-8-
Field Services, and Impact on Recipients in Niagara Falls, Ontario. Councillor
Sobol reviewed the report which indicates the response to a questionnaire
regarding the quality of service since Centralization of Field Services.
He stated that some problems would continue to be encountered, particularly
at the end of the month when cheques are forwarded.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that
the communication be received and filed. Carried Unanimously.
Councillor Sobol advised that the matter of a crossing guard on Drummond
Road in the area of the Dr. Fingland Day Care Centre was discussed at a meeting
with the Regional Municipality of Niagara Director of Engineering last week
and that alternatives were being considered. He further advised that the
City of Niagara Falls Municipal Works Department would be..contacted.conce~ning
"flashing lights" in the subject area.
COMMUNICATIONS
No. 265 - Regional Niagara Public Works Department - Re: Water/Sewage Flows
by Municipality, Monthly Report for June 1984. The communication attaches
report DEP-2075 containing information regarding the aforementioned.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that
the communication be received and filed. Carried Unanimously.
No. 266 - Regional Niagara Plannin~ & Development Department - Re: PCB's Report.
The communication attaches a report to the EEAC from the Waste Management Sub-
Committee regarding Ontario's problem and suggested solution.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
the communication be received and filed for information. Carried Unanimously.
No. 267 - Regional Niagara Plannin~ & Development Department - Re: Report of
Ecological & Environmental Advisory Committee (EEAC). The communication
attaches a report prepared by EEAC of the Region regarding OWMC Facilities
Development Process, Phase 3 - Selection of Candidate Sites.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Coville, that
t~e communication be received and filed, and further, that a copy of the
communication be forwarded to O.W.M.C. Carried Unanimously.
No. 268 - Ontario Professional Fire Fighters' Association - Re: Proposed
amendments by the A.M.O. to the Fire Departments Act. The communication
attaches a resolution to be discussed at the upcoming A.M.O. Conference.
ORDERED on the motion of Alderman Cummings, seconded by A~derman Coville, that
the communication be received and the City's representatives to the A.M.O.
Conference acquaint themselves with the matter and report at a later date.
Carried Unanimously.
No. 269 - Minister of Municipal Affairs & Housin~ - Re: Bill 111. The
communication advises of the let reading of Bill 111.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
the communication be received and filed for the information of Council.
Carried Unanimously.
No. 270 - Mr. Francis J. Mahady, Pres., Oneida Canada, Limited - Re: ' Report
concerning Taxation Relief.· The communication discusses the recent report
presented at Council regarding the above mentioned Taxation Relief under
Section 363 of the Municipal Act, and urges that the report be repudiated
and that provisions for relief be made under Section 363 of the Act "as it
was intended and written".
Attached to the communication is Mayor Smeaton's reply to Mr. Mahady
for the information of Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker~ that'
the. communication be received and filed· Carried Unanimously.
No. 271 - Greater Niagara Baseball Association (GNBA) - Re: Three-Pitch
Tournament~ Mouck Park, August 25, 1984. The communication requests a Special
Occasion Permit for the event.which is being sponsored b~ the Niagara Falls
Ol~timers Baseball Club.
~ 9 -
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings,
that the request of the Niagara Falls Oldtimers Baseball Club for a special
occasion permit for the three-pitch tournament to be held on August 25th, 1984,
at Houck Park, Niagara Falls, be approved subject to the approval of the Reg-
ional Police Department, the Niagara Falls Fire Department, the Niagara
District Health Unit, and the Liquor Licensing Board of Ontario.
Carried Unanimously.
No. 272 - Greater Niasara Baseball Association (GNBA) - Re: O.B.A. Senior
Playdowns, Cakes Park, August 3tnt to September 2nd, 1984 inclusive. The
communication requests a Special Occasion Permit for the event.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that
the request of the Greater Niagara Baseball Association for a special occasion
permit for the Ontario Baseball Association (Provincial) "Senior" Baseball
playdowns to be held on August 31st, September 1st, and 2nd, 1984~ at Cakes
Park, Niagara Falls, be approved subject to the approval of the Regional
Police Department, the Niagara Falls Fire Department, the Niagara District
Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously.
NO. 273 - Niagara Regional Police Force - Re: 13th Annual Invitational All
Police Fastball Tournament, September 7th to 9th, 1984. The communication
requests a Special Occasion Permit for the event.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that
the request of the Niagara Regional Police Force for a special occasion permit
for the 13th Annual Invitational All Police Fastball Tournament to be held on
September 7th, 8th, and 9th, 1984, at Ker Park, Niagara Falls, be approved
subject to the approval of the Regional Police Department, the Niagara Falls
Fire Department, the Niagara District Health Unit, and the Liquor Licensing
Board of Ontario. Carried Unanimously.
No. 274 - Royal Canadian Le$ion~ Branch 51 - Re: 41st Biennial Convention -
September 8th to 12th, 1984, at the Niagara Falls Memorial Arena. The
communication requests a Special Occasion Permit for the patio party.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that
the request of The Royal Canadian Legion for a special occasion permit for the
patio party to be held on September lOth, 1984, at Niagara Falls Memorial Arena,
Niagara Falls, be approved subject to the approval of the Regional Police
Department, the Niagara Falls Fire Department, the Niagara District Health
Unit~ and the Liquor Licensing Board of Ontario. Carried Unanimously.
No. 275 - Royal Canadian Le~ion, Branch 51 - Re: Parade - September 16, 1984.
The communication requests a Parade Permit.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the communication,~be received and the request approved. Carried Unanimously.
No. 276 - Royal Canadian Le~ion~ Branch 479 - Re: "Royal Canadian Legion Week",
September 16th to 22nd, 1984. The communication requests Council to proclaim
the aforementioned week "Royal Canadian Legion Week".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the communication be received and the request approved subject to established
policy. Carrie~ Unanimously.
No. 277 - Main & Ferry Business Association - Re: 1984 Peach Queen Festival.
/he communication requests that approval be granted to have Main Street closed
on August 25th, 1984, during the crowning of the Peach Queen.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that permission be granted and City Staff be authorized to make the necessary
arrangements, parried Unanimously.
See By-law No. 84-202.
No. 278 - Chamber of Commerce - Re: Replacement of Planning Staff. The
communication discusses the possible replacement of planning staff due to
retirement, refers to a recent study by the Chamber of Commerce related to
Municipal and Regional growth and its recommendation that consideration be
given to utilizing the present manpower and expertise available·
· 10
- 10 -
ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman,
that the communication be received and a letter be forwarded to the Chamber of
Commerce advising that the matter ia being given consideration.
Carried Unanimously.
No. 279 - A. Blake Robertson - Re: O.W.M.C. - Niagara Falls as candidate site.
The communication refers to the City of Niagara Falls as a candidate site for
the location of hazardous waste trearmlent and disposal facilities, expresses
opposition, and requests information concerning action taken by the Regional
Council in this regard.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that
the communication be received and a copy forwarded to the Regional Municipality
of Niagara. Carried Unanimously.
REPORTS
No. 420 - Chief Administrative Officer - Re: Stamford Memorial Arena. The
report recommends that the information contained therein be received and filed.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
No. 421 - Municipal Works Committee - Re: Municipal Works Committee Reports.
The report recommends that the attached reports considered by the Municipal
Works Committee at its meeting of July 30, 1984, be given Council's favourable
consideration:
1) Tender Balance New Equipment 1984 -
That the Director of Municipal Works be authorized to call tenders for the
supply of two (2) rear loading garbage packers, two (2) side loading garbage
packers, and three (3) dump trucks complete with wing and plows at a total
estimated cost of $480,000.00;
2) Re-lottin~ on Armstron~ Drive in the Charnwood Subd. - Plan M-53 -
That Pinewood Homes (Niagara) Limited be allowed to install any additional
water and sanitary service laterals that may be required, and remove any
of the existing water and sanitary service laterals that need to be re-
located;
3) Dorchester Village Snbd. Sta~e I & II - Plan M-96{ Closin~ of Account~l -
i) that the Municipality retain enough funds to cover the cost of the
tree planting on Caries Court;
ii) that the accounts for this subdivision be closed.
ORDERED on the motion of Alderman Coville, seconded by Alderman Baker, that
the report be received and adopted. Carried Unanimously.
No. 422 - Chief Administrative Officer - Re: Exemption of Lots 4, 14, 18, 21,
23, 35, Reg. Plan M-78 from Part Lot Control. The report recommends that
Council pass the by-law on this agenda to exempt Lots 4, 14, 18, 21, 73 and
35, Registered Plan M-78 from part lot control. It is also rec~ranended that
any costs arising from the registration of the by-law, following its approval
by The Regional Municipality of Niagara be paid by the applicant.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Merrett, that '
the report be received and adopted. ~rried Unanimously.
See By-law No. 84-194.
No. 4Z~ - Chief Administrative Officer - Re: Renewal of Lease - Provincial
Court Fact~itLes. The report recommends that Council authorize the Mayor
and Clerk to sign an offer to renew the lease on the Court Rouse Building
(former City Hall) for the year 1985 at an annual rental of $76,231.40.
During the diecuueion a question was raised regarding the involvement of the
City concerning the sign which had been posted. The Chief Administrative
Officer advised that the matter would be investigated.
ORDERED on t~e motion of Alderman Janvary, seconded by Alderman Merrett, that
the report be received and adopted. The motion Carried on the following vote:
AYg~ Aldermen Baker, Coville, Cummings, Hlnsperger, Janvary, Keighan, Kerrio,
Merrett, and Puttick.
NAYE; Alderman Chessman. '
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No. 424 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $3,642,608.23 for the two week period
ending August 13th, 1984 be approved by the passing of the by-law appearing
later on the agenda.
Alderman Hinsperger declared a conflict of interest on Cheques No. 01888,
01889, and 02047 because he is employed with the company.
Alderman Cheesman declared a conflict of interest on Cheque No. 01958
because his wife is a member of the firm.
Additional information was provided on Cheques No. 01904 and 01975.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Chessman, that
the report be received and adopted. The motion Carried with Aldermen
Binsperger, and Chessman abstaining from the vote on conflicts of interest on
Cheques No. 01888, 01889, 02047, and 01958 as previously recorded, and all
others voting in favour.
No. 425 - Chief Administrative Officer - Re: Possible Contamination of the
Welland River. The report recommends that this advisory report be received
and filed. During the discussion it was suggested that the Minister of the
Environment should be made aware of the situation.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that
the report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker,
that the Minister of the Environment be made aware of the concerns regarding
the Welland River, and further, that the Ministry be asked to monitor the
situation. Carried Unanimously.
No. 426 - Chief Administrative Officer - Re: Purchase by the City of 4187
Queen Street. The report recommends that Council pass a by-law appearing on
tonight's agenda to authorize an agreement with William G. Becket.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
See By-law No. 84-201.
RESOLUTION
No. 79 - CHEESMAN - CUMMINGS - RESOLVED that the Council of the Corporation
of the City of Niagara Falls hereby requests the Regional Municipality of
Niagara to issue debentures in accordance with the terms and amounts set out
below, and further, that the City confirms that it has entered into a contract
for or authorized the commencement of all works herein listed.
Construction OMB Financing Retirement
· B~-law No. No~ Request Term
77-246 E771915 $ 170,000 10
79-217 E791730 65,000 10
83-258 E831333 100,000 10
· 82-247 E821512 100,000 10
82-252 E821534 80,000 10
78-207 E781662 85,000 10
$ 600~000
; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary,
that leave be granted to introduce the following by-laws and the by-laws be
read a first time:
· 12
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No. 84-193 - A by-law to amend By-law No. 3790, being a by-law for the
regulation of traffic. (Britannia Ct. & Wellington St.).
No. 84-194 - A by-law to designate certain land not to be subject to part
lot control. (Lots 4, 14, 18, 21, 23, 35, RP M-78).
No. 84-195 - Tab,ed.
No. 84-196 - Tabled ....
No. 84-197 - Tabled.
No. 84-198 - A by-law to authorize the execution of a lease agreement with
Niagara Falls Youth Soccer Club.
No. 84-199 - A by-law to authorize the conveyance of surplus lands west of
Montrose Road. (TWp. Lot 140, former Twp. of Stamford).
No. 84-200 - A by-law to provide monies for general purposes.
No. 84-201 - A by-law to authorize an agreement with William G. Becket
respecting the purchase by the City of 4187 Queen Street.
No. 84-202 - A by-law to close a portion of Main Street to vehicular traffic
on a temporary basis.
The motion Carried with Aldermen B£nsperger and Chessman abstaining from the
vote on By-law No. 84-200, on conflicts of interest previously recorded in
Report No. 419, and all others voting in favour.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings,
that the following by-laws be now read a second and third time:
No. 94-193 - A by-law to amend By-law No. 3790, being a by-law for the
regulation of traffic.
No. 84-194 - A by-law to designate certain land not to be subject to part
lot control.
No. 84-195 - Tabled.
No. 84-196 - Tabled.
No. 84-197 - Tabled.
No. 84-198 - A by-law to authorize the execution of a lease agreement with
Niagara Falls Youth Soccer Club.
No. 84-199 - A by-law to authorize the conveyance of surplus lands west of
Montrose Road.
No. 84-200 - A by-law to provide monies for general purposes.
No. 84-201 - A by-law to authorize an agreement with William G. Becket
respecting the purchase by the City of 4187 Queen Street.
No. 84-202 - A by-law to close a portion of Main Street to vehicular traffic
on a temporary basis.
The motion Carried with Aldermen Hinsperger and Chessman abstaining from the
vote on By-law No. 84-200, on conflicts of interest previously recorded, and
all others voting in favour.
NEW BU$INESB
.CLOSING OF CITY POOLS
A discussion was initiated by Alderman Cummings regarding the policy of
the City with respect to the closing of City swishing pools. It was pointed
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out that the policy at the present time is that the F. H. Leslie Municipal
Pool is kept open until after Labour Day, and the remaining pools are closed
before the schools open. The Deputy Recreation Director suggested that if
necessary, two Municipal pools may be kept open, with the hours staggered.
It was generally agreed that the open hours for Municipal pools should be
flexible.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings,
that if the budget allows, Municipal Pools should remain open at the discre-
tion of Staff, and polling of Council on the matter. Carried Unanimously.
CHIEF GAYDER - VISIT TO NIAGARA FALLS
His Worship Mayor Smeaton referred to an informational handout which
advised that Chief Gayder would be at the Niagara Falls Detachment Office on
August 22nd, from 10:00 a.m. to 3:00 p.m., and would meet with Council members
to discuss items of interest.
ORDERED on the motion of Alderman Puttick~ seconded by Alderman Cummings, that
a copy of the critique of the Niagara Regional Police Commission be requested.
Carried Unanimously.
SIDEWALK - MORRISON STREET AT HYDRO CANAl.
Alderman Puttick referred to the sidewalk extension recently constructed
on Morrison Street at the Hydro Canal, and expressed concern that the sidewalk
was built along the edge of the roadway. He suggested that reflectors should
be placed along the sidewalk by the Region, as a safety measure for pedestrians.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that
the matter be referred to the Region with the request that reflectors be
considered. Carried Unanimously.
~COREBOARD - OAKES PARK
Alderman Merrett advised that the scoreboard at Oakes Park was not
operating, and requested a report on the matter.
NIAGARA SYMPHONY
Alderman Janvary referred to the Niagara Symphony program for the 1984-85
Season, and in particular to the Series being held at the Niagara Falls
Collegiate.
It was moved by Alderman Merrett, seconded by Alderman Hinsperger, that
the meeting adjourn.
READ AND
TWENTY-NINTH MEETING
Committee Room #1
August 27, 1984
COMMITTEE OF THE WHOLE
Council met on Monday, August 27th, 1984 at 6:45 p.m. in Committee of
the Whole. All members of Council were present. Alderman Kerrio presided as
Chairman.
Following consideration of the item presented the Committee of the Whole
arose to report in open Council.
READ AND
MAYOR WILL(~LM S. SMEATON
REGULAR MEETING
Council Chambers
August 27, 1984
Council met on Monday, August 27th, 1984 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present. His Worship
Mayor Bmeaton presided as Chairman. Alderman Hinsperger offered the Opening
Prayer.
SPECIAL AWARDS
~ELLAND TRANSIT SLO-PITCH TOURNAMENT
His Worship Mayor Smeaton exhibited the D'Angelo Printing Award which had
been won by Niagara Transit players on August llth, 1984 at Burlington, Ontario,
as Champions in the Welland Transit Slo-Pitch Tournament.
,MAYORS' BATHTUB RACE
His Worship Mayor Smeaton displayed the Castrol Oil Award which had been
presented to him as winner in the Mayors' Bathtub Race and Best Bicentennial
Costume in Toronto~ Ontario~ last weekend.
ADOPTION OF MINUTES
Alderman Putttck initiated a discussion regarding the action taken on
Report No. 397 contained in the minutes of July 30, 1984, respecting Property
Standards By-l'aw No. 74-204, Mr. G. Ruberto, 4918 Roberts Street. His Worship
Mayor 8meaton replied to questions raised on this matter.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger,
that the minutes of the meeting held August 13th, 1984 be adopted as printed.
Carried Unantmousl .
DEPUTATION
S~LUDGE PROBLEM IN STANLEY AVENUE/LYON'S CREEK AREA
Regional Councillor Peter Sobol discussed the meeting recently held between
representatives of the Health Unit, Ministry of the Environment, Mr. Vince Kerrio,
M.P.p., interested residents, and himself, at the problem area 8its. Councillor
8obol explained the screening process prior to spreading the human and industrial
waste in the area, his contact with the Regional Director of Engineering, and
advised that there had been infractions of the regulations by the "hauler" who
had received a letter of warning by registered mail. He advised that it was
considered acceptable to spread the waste prior to the "growing period", and that
the Health Unit would not perceive any problem providing the vegetables were
washed prior to uee.
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Councillor Sobol stated that the conceros of residents had not been
aatisfied, and suggested that the drainage situation be investigated by the
City of Niagara Falls. He suggested further that "traffic loads" should also
be investigated.
The Chief Administrative Officer advised that the jurisdiction of the
City was "rather limited", that Staff had been asked to investigate the
drainage situation, and that the matter had heen~'referred to the Conserva~.,
t£on Authority for investigation.
UNFINISHED BUSINESS
PUBLIC MEETING/REVISED GROUP HOMES BY-LAW
Report No. 427~ ~ ,(~D/64/84) - Chief Administrative Officer - Re: ST-141 Public
Meeting~/~evisgd Gr~up'Homea By--f~aw. The report recommends that the revised
"Group Homes By-law" appearing on tonight's agenda be approved by Council
subject to any further comments and submissions received during the Public
Meeting.
His Worship Mayor Smeaton advised of the Public Meeting procedure under
the New Planning Act. The Senior Planner reviewed the details of the revised
Group Homes By-law, and stated that the various alterations had been based on
objections received,and discussions with various interested groups. Ne further
advised that the proposed by-law defines and permits four categories of group
homes in seven Residential zones established by the comprehensive zoning by-law,
and that the by-law provides the number of persons, exclusive of staff, per-
mitted within each category and sets out provisions regarding the proximity of
each group home to another group home, and further, that the home must comply
with all regulations of the zone within which it ia located.
The Senior Planner stated that Notice of the Public Meeting had been
published on July 25th, 1984, in the local newspaper.
Mayor Smeaton advised that any peraone wishing further notification of the
paasage of the by-law should leave their names and addresses with the City Clerk.
He received a negative response to a request for commenta from persons in support
of the by-law, and those in opposition to the by-law.
The Senior Planner replied to questions raised with respect to the proced-
ure of the by-law, t
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
See By-law No. 84-211.
TOURISM IMPACT STUDY - CITY OF NIAGARA FALLS - O.W.M.C. PROPOSED ~TES
Report No. 428 - Mayor Smeaton - Re: Tourism Impact Study, City of Niagara
Falls, O.W.M.C. Proposed Sites. The report recommends that the by-law appearing
on tonight's agenda to authorize an agreement with Parnell, Kerr, Forester,
Campbell, Sharp for consulting servicea in connection with the establishment by
the Ontario Waste Management Corporation of proposed hazardous waste treatment
facilities in the City of Niagara Falls be passed.
His Worship Mayor Smeaton advised that a cheque had been received from the
Niagara Falls, Canada, Visitor and Convention Bureau In the amount of $10,000
for the Study, and that the Province would '~atch" this amount.
Following a dlacuasion with respect to the bugdeted amount of $22,000,
it was moved by Alderman Covtlle, seconded by Alderman Orr, that the report be
received an~ ~dopted. Carried Unanimously.
See By-law No. 84-207.
.3
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R.M. 21/84 - 1984 CRACK SEALING PROGRAM
Report No. 429 - Chief Administrative Officer - Re: R.M. 21/84 - Crack Sealing
Program. /he report recommends that contract R.M. 21/84 be awarded to Stevens-
ville Lawn Service at the unit prices submitted. Following a brief discussion
it was moved by Alderman Cummings, seconded by Alderman Baker, that the report
be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Baker, Cheesman, Cummings, Keighan, Merrett, Orr, and Somerville.
NAYE: Aldermen Coville, Hinsperger, Janvary, Kerrio, and Puttick.
See Resolution No. 80.
See By-law No. 84-197.
ADVERTISING SIGNS FOR SLO PITCH TOURNAMENT - OPTIMIST CLUB
Report No. 430 - Chief Administrative Officer - Re: Advertising Signs for
Slo-Pitch Tournament - Request of Optimist Club. The report recommends that
approval be granted to the Optimist Club's request for the erection of temporary
advertising signs for their slo-pitch tournament. A discussion followed with
regard to the intention of the Optimist Club to have the signs on display
during the slo-pitch season and during the slo-pitch tournament in September,
as outlined in the background of the report.
ORDERED on the motion of Alderman Coville, seconded by Alderman Merrett, that
Advertising Signs be erected for the 1985 Tournament, and more specifically,
for the duration of the Tournament only. The motion Carried with the following
VO t e:
AYE: Aldermen Baker, Chessman, Covllle, Cummings, Hinsperger, Janvary, Keighan,
Kerrio, Merrett, and Somerville.
NAYE: Aldermen Orr, and Puttick.
REQUEST FOR RELIEF - SECTION 363 MUNICIPAL ACT
Report No. 431 - Chief Administrative Officer - Re: Request for Relief -
Section 363, Municipal Act. The report recommends that City Council:
a) Approve the uae of Section 363 of the Municipal Act to provide tax relief
where the increaae arising from re-assessment is unduly bnrdenaome for an
applicant;
b) Adopt as the basic criteria for the consideration of applications, the
information set out in the suggested application form contained in the
attached report to Council dated July 9, 1984;
c) If recommendation (a) is adopted, Council limit the amount of taxes
cancelled, reduced or refunded on an individual application to the amount
by which the increase attributable to re-assessment exceeds 25 per cent
or $100.
- AND -
Communication No. 280 - Mike Glavic - Re: Municipal Property Tax Assessments.
The communication requests permission to address Council regarding the above
mentioned.
Mr. Mike Glavic was granted permission to address Council on the motion
of Alderman Cheesman, seconded by Alderman Cummings. Mr. Glavic referred to
the communication recently received by the City from the Minister of Revenue,
and discussed his interpretation and concerns with respect to market value
based assessment. It was pointed out that the Regional Assessment office in
St. Catharinee should be contacted for clarification of the assessment concerns
raised.
A discussion followed regarding criteria for applications to be considered
for tax relief as outlined in the report, particularly with respect to the
assets and liabilities of the applicant, partnership, confidentiality, and
Section 363 being applicable to 1984 only. The Chief Administrative Officer
advised that the application must be received prior to November lat, 1984.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that
the recommendation be denied. The motion was Defeated with the following vote:
AYE: Aldermen Baker~ Cummings and Puttick.
NAYE: Aldermen Cheesman, Covtlle, Htnsperger, Janvary~ Keighan~ Kerrto, Merrett~
Orr, a~d Somerville.
-4 -
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett,
that the report be received and adopted. The motion Carried with the following
vote:
AYE: Aldermen Cheesman, Coville, Hlnsperger, Janvary, Keighan, Kerrio, Merrett
Orr, and Somerville.
NAYE: Aldermen Baker, Cummings, and Puttick.
ORDERED on the motlon of Alderman Baker, seconded by Alderman Cummings,
that the communication be received and filed. Carried Unanimously.
COMMUNICATIONS
No. 281 - Niagara Square - Re: Santa's arrival - November 17, 1984. The
communication requests permission to land a helicopter on the property in
Niagara Square for the event.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville,
that the request be approved subject to the approval of the Canadian Transport
Commission. Carried Unanimously.
No. 282 - Town of Fort Erie - Re: Increased crime related problems. The
communication requests endoraatiQn of a resolution to the Niagara Regional Board
of Commissioners of Police regarding foot patrols. A brief discussion followed
regarding the intent of the resolution as well as the cost factor.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the resolution be endorsed. The motion Carried with the following vote:
AYE: Aldermen Baker, Cheesman, Coville, Hinaperger, Janvary, Keighan, Kerrio,
Merrett, and Somerville.
NAYE: Aldermen Orr, and Puttick.
No. 283 - Operation Dismantle (Inc.) - Re: Nuclear Weapons freeze. The communi-
cation recommends that Council support the concept of a nuclear weapons freeze.
A brief discussion followed regarding the desire for a cessation of the arms
race, the attitude of political party leaders in Canada, as well as the need
for consideration with N.A.T.O. and the "super powers".
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Puttick, that
the resolution be endorsed. The motion was Defeated with the following vote:
AYE: Aldermen Coville, Keighan, Kerrio, and Puttick.
NAYE: Aldermen Baker, Chessman, Cummings, Hinsperger, Janvary, Merrett, Orr,
and Somerville. ~
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings,
that the communication be received and declined. The motion Carried with the
following vote:
AYE: Aldermen Baker, Cheesman, Coville, Cummings, Hinsperger, Ja~vary, Keighan,
Merrett, and Orr.
NAYE: Aldermen Kerrio, Puttick, and Somerville.
No. 284 - Niagara Falls Blackhawks Hockey Club - Re: Exhibition Hockey Game -
October 14, 1984. The communication requests permission to erect street
banners advertising the event.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that
the request be approved subject to the approval of the Regional Municipality of
Niagara and the Niagara Falls Hydro Commission. Carried Unanimously.
No. 285 - The Royal Canadian Legion~ Branch 396 - Re: Annual Family Picnic,
Oaklands Trailer Park, September 16th, 1984. The cormnuntcation requests a
Special Occasion Permit for the event.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the request of the Royal Canadian Legion, Branch #396 for a special occ~s-
ion permit for their annual family picnic to be held on September 16th, 1984,
at Oaklands ~railer Park, Niagara Falls, be approved subject to the approval
of the Regional Police Department, the Niagara Falls Fire Department, the
Niagara District Health Unit, and the Liquor Licensing Board of Ontario.
Carried Unanimously.
.5
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No. 286 - Ladies Auxiliary of Minor Boys Softbal! - Re: Park Dance at Ker
Park, September 22nd, 1984. The communication requests a Special Occasion
Permit for the event.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the request of the Ladies Auxiliary of Minor Boys Softball for a special
occasion permit for the dance to be held on September 22nd, 1984, at Ker Park
Niagara Falls, be approved subject to the approval of the Regional Police
Department, the Niagara Falls Fire Department, the Niagara District Health
Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously.
No. 287 - The Arthritis Society - Re: "Arthritis Month" - September 1984.
The communication requests that Council approve the Proclamation of September
1984 as Arthritis Month, and. further that permission be granted to fly the
Society's flag at City Hall during that month.
ORDERED on the motion of Alderman Covllle, seconded by Alderman Keigban, that
the requests be approved subject to established policy. Carried Unanimously.
No. 288 - Ontario Youth Opportunities _ Re: Ontario Youth Corps Program and
Ontario Youth Works Program. The communication advises of the above mentioned
programs which are intended to assist in creating jobs for youth and available
to municipalities and non-profit groups.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the communication be received and referred to Staff, and further, that
the details of the programs be displayed in the local newspaper.
Carried Unanimously.
No. 289 - The Royal Canadian Legion, Branch 51 - Re: Sunnybrook Veterans'
Visit, September 23, 1984. The communication requests a Parade Permit for tbs
aforementioned event.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the request be approved subject to the approval of other authorities.
.Carried Unanimously.
No. 300 - City of St. Catharines - Re: Regional Municipality Waste Management
Master Pla~ - application of Walker Bros. The communication refers to the above
application regarding a disposal site, and requesting endorsation of the
application.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Merrett, that
the communication be received and the request approved. Carried Unanimously.
REPORTS
No. 432 - Arena Committee . Re: Reserved Municipal Arena Ice Time. The report
recommends that all hockey tournaments and special event organizers reserving
municipal arena ice time be responsible for payment of all ice hours which are
returned to the City and cannot be re-sold by arena Staff.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
No. 433 - Chief Administrative Officer - Re: Milwaukee Admirals Fall Training
Camp. The report recommends that the Milwaukee Admirals of the American Hockey
Association League pay the regular ice rental rates rather than the out of town
rental rates for the 22 hours of ice time they have requested for their 1984
training camp at the Niagara Falls Memorial Arena.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the recommendation in the report be denied, and the pNeaent policy continued.
~le motion ~.arried with the following vote:
AYE: Aldermen Baker, Chessman, Coville, Cummings, Hinsperger, Janvary, Keighan,
Kerrio, Merrett, Orr, and Somerville.
NAYE: Alderman Puttick.
No. 434 - (PD/63/84) - Chief Administrative Officer - Re: Plannlng and Develop-
ment Activities Report ~or June and July, 1984. The report reviews the Status
of Planning Studies, Development Review, and Recently Released Reports & Other
Items of Interest, and recommends that the information contained therein be
received and filed.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that
the report be received and Adopted. Carried Unanimously.
-6 -
No. 435 - Chief Administrative Officer - Re: The Buildings & Inspections
Department Report for 3uly 1984. The report provides information regarding
Permits Issued, Highlights, Canada Works Program, and a breakdown of building
permits issued in July 1984 compared with 3uly 1983, for the information of
Council.
ORDERED on the motion Alderman Cummings, seconded by Alderman Baker, that the
report be received and filed. Carried Unanimously.
No. 436 - Chief Administrative Officer - Re: 1984 Capital Budget Project -
Mountain & Mewburn Watermain from Olden Avenue to Scholfield Road. The report
recommends that the by-law appearing on tonight's agenda be passed by Council.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Keighan,
that the report be received and adopted. Carried Unanimously.
See By-law No. 84-203.
No. 437 - Chief Administrative Officer - Re: Contract R.C. 23/84 - Storm
Sewer Installation on Russell Street from St. Paul Avenue to St. Patrick
Avenue; and St. Patrick Avenue from Russell Street to O'Neil Street; and
Local Improvement Road Reconstruction on St. Patrick Avenue. The report
recommends that the unit prices submitted by the low tenderer, L & N Construc-
tion Limited, for contract R.C. 23/84, be accepted by Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 81.
See By-law No. 84-205.
No. 438 - Chief Administrative Officer - Re: Contract R.C. 24/84 - Road
Rehabilitation on Caledonia Street from Dunn Street to Dorchester Road; and
Local Improvement Curb & Gutter from Dorchester Road to Adams Avenue. The
report recosmlends that the unit prices submitted by the low tenderer, Steed &
Evans Ltd., for contract R.C. 24/84 be accepted by Council.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Coville, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 82.
See By-law No. 84-209.
No. 439 - Chief Administrative Officer - Re: Fairfield Place Walkway -
Closing. The report recommends that: ~
1) Council hear from any citizen at the meeting wishing to comment on the
closing of the Fairfield Place walkway; and
2) After consideration of any submissions, the by-law appearing on the agenda
authorizing closure of the walkway be approved.
In response to a request from Mayor 8meaton, interested persons present
did not wish to speak.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Covtlle, that
the report be received and adopted. Carried Unanimously.
See By-law No. 84-212.
No. 440 - Chief Administrative Officer - Re: Storm Water Managemgnt Study,
Westlane/Westwood Area. The report recommends the following:
1) That Council approve the by-law on tonight's agenda, authorizing the
Engineering Agreement between Proctor and Redf~rn Limited and the City of
Niagara Falls to carry out the study at a cost not to exceed $35,000.00;
2) That the Mayor and City Clerk be authorized to sign the aforementioned
Engineering Agreement; and
3) That the Consultant fees be charged to Account #11610 which is a Reserve
Account, for flooding investigations.
ORDERED on the motion of Alderman CummingS, seconded by Alderman Somerville,
that the report be received and adopted. Carried Unanlmgusl¥.
See By-law No. 84-208.
- 7 -
No. 441 - Finance Committee - Re: Council Remuneration. The report
recommends the following:
1) That effective January 1, 1984 the annual remuneration of the Mayor and
Members of Council be increased by 5%.
Present Proposed
Salary Salary
Mayor $27,190 $28,549
Aldermen $ 6,000 $ 6,300
2) That commencing December 1st, 1984 and on December 1st of each ensuing
year the annual remuneration of the Mayor and Aldermen be adjusted by
the same percentage as the one comparison factor of the three listed
below having the lowest percentage increase over the preceding year;
(a) All Canada consumer price index (according to Statistics Canada);
(b) The industrial composite of the Ontario average weekly wages and
salaries index (Statistics Canada);
(c) The average of the percentage increase of 12 City employees'
occupations (to be listed in by-law).
Alderman Cheesman advised that the majority of the members of the
Finance Committee approved the recommendation in the report, and that a
couple of members expressed reluctance to receive the increase but would not
oppose the "package".
Alderman Hineperger advised that his election "platform" was that he
would not accept a raise, and further, that he would keep that promise. Re
stated that he would be willing to support the recommendations and that his
would be '~lstributed amongst Churches in Chippawa".
Alderman Kerrio expressed the opinion that the Council of the City of
Niagara Falls should not be the "highest paid Council in the Region", and
that in his view $6,000 was sufficient remuneration.
Alderman Puttick was in favour of the raise for the aldermen, but was in
opposition to a retroactive increase. He expressed the view that Council
should show "leadership regarding the position of the Mayor" and recommended
that the Mayor's increase be effective March 1st, 1985.
Alderman Janvary advised that she did not vote for the increase for
1984 at the Finance Committee meeting and would vote contrary to the first
recommendation because she agreed with the reason previously stated by
Alderman Kerrio. She expressed the view that a policy on the matter should
be in force, and was in favour of the second recommendation.
Alderman Merrett was in agreement with Alderman Janvary's viewpoint,
would vote contrary to the first recommendation, and in favour of the second.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman
Cummings, that the report be received and adopted. The motion Carried with
following vote:
AYE: Aldermen Chessman, Coville, Cummings, Hinsperger, Keighan, Orr, Puttick,
and Somerville.
NAYE: Aldermen Baker, Janvary, Kerrio, and Merrett, as stated above.
No. 442 - .F..inance Committee - Re: Finance Committee Reports. The report
recommends that Council endorse the following actions taken by the Finance
Committee:
1) Six month financial statement -
- Receive, review and file the six month financial statement;
2) Advertising in the O.V. Provincial Slo-Pitch program -
- Take a ~ page advertisement in the O.V. Provincial Slo-Pitch program
at a cost of $325;
3) .Advertising for the Grape and Wine Festiva] -
- That no advertisement be taken in the Grape & Wine Festival booklet;
4) I_Impact of Provincial Budget -
- That the correspondence relating to the "Impact of the Provincial
Budget on Municipalities" be received and filed;
5) U.N_.I.C.E.F. rant -
' Tha~ated to U.N.I.C.E.F..
; I·
-8-
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary,
that the report be received and adopted. Carried Unanimously.
No. 443 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $1,197,446.50 for the two week period
ending August 27th, 1984 be approved by the passing of the by-law appearing
later on the agenda.
Alderman Covllle declared a conflict of interest on Cheque No..02200 as
the person named.
Alderman Keighan declared a conflict of interest on Cheque No. 02321
because a family member has an interest.
Alderman Cummings declared a conflict of interest on Cheque No. 02451
because he iea member of the Association.
Alderman Hinsperger declared a conflict of interest on Cheques No. 02178,
and 02328 because he is employed by the company; and on Cheque No. 02468 since
he ia a member of the Club.
Additional information was provided on Cheques No. 02176, 02280, 02330,
and 02372. Additional information was requested on Cheques No. 02271, 02282,
and 02297, with a verbal report to be provided.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Coville, that
the report be received and adopted. The motion Carried with Aldermen Coville,
Keighan, Cummings, and Hlnsperger abstaining from the vote on Cheques No.
02200, 02321, 02451, 02178, 02328, and 02468 consecutively, on conflicts of
interest previously recorded, and all others voting in favour.
No. 444 - Chief Administrative Officer - Re: Unopened Road Allowance between
Core Lots 3, 4, and 5, and Twp. Lot 5, North of Mountain ROad. The report
recommends that the request of Upper Canada Consultants, Consulting Engineers~
on behalf of Mr. Michael Macky and Dr. Fredrick Halliday, for permission to
construct a joint driveway on the unopened road allowance lying between Core
Lots 3~ 4, and 5, and Twp. Lot 5, be approved subject to the applicants enter-
ing into an agreement with the City to provide the conditions contained in the
report.
Alderman Cummings declared a conflict of interest as a member of an
association with property holdings in the area. t
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Covills
that the report be received and adopted. The motion Carried with Alderman
Ctum~ings abstaining from the vote on a conflict of interest previously re-
corded, and all others voting in favour.
No. 445 - Chief Administrative Officer - Re: Encroachment - 4414 Queen Street.
The report recommends that the application for the passing of a by-law to
permit the continuing of encroachments of a building upon the Queen Street
road allowance be approved, and the necessary by-law be enacted by Council.'
ORDERED on the motion of Alderman Chessman, seconded by Alderman Rinsperger,
that the report be received and adopted. Carried Unanimously.
See By-law No. 84-204.
No. 446 - Chief Administrative Officer - Re: LOt 64, Plan 42 .for the former
Township o~ Stamford - Quit Claim to Barry Charles Holman and Rosemary
· Doreen Holman. 'l'ne report recommends that the by-law appearing on tonight's
agenda to authorize a quit claim in favour of Barry Charles Holman and
Rosemary Doreen Holman be passed.
ORDERED on the motion of Alderman Rineperger, seconded by Alderman Merrett,
that .the report be received and adopted. ~arried Unanimously.
8es.By-law No. 84-213.
No. 447 - Mayor Smeaton - Re: Cost Sharing Agreement - Niagara Falls
Illumination Board. The report recommends that City Council approve a new
formula proposed by the Niagara Falls Illumination Board for contributions
from its member agencies, namely that the cost of power used by the ~oard
be paid by Ontario Hydro and deducted from any total operating budge~ and
the balance be divided equally among the following four participating
agencies, namely the:
City of Niagara Falls, New York;
The Niagara Parks Commission;
Niagara Frontier State Park Commission;
City of Niagara Falls, Ontario.
ORDERED on the motion of Alderman Chessman, seconded by Alderman
Cummings~ that the report be received and adopted. The motion Carried
with the following vote:
AYE: Aldermen Baker, Cheesman, Cummings, Hinsperger, Janvary, Keighan,
Kerrio, Merrett, Orr, Puttick, and Somerville.
NAYE: Alderman Coville.
No. 448 - Chief Administrative Officer - Re: Appointment to Board of
Directors of Humane Society. The report recommends that Council consider
the attached letter received from Mr. Harold A. Warner. In the discussion
that followed it was pointed out that Mr. Warner's daughter is an employee
of the Board and, therefore, accepting Mr. Warner as a Board member would
contravene the by-law of the Board. It was further pointed out that the
suggested appointment would not be in the "best interests of the operation
of the Shelter nor of the municipality".
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett~
that the matter be tabled for comment from the City Solicitor at the next
meeting of City Council. The motion Carried with the following vote:
AYE: Aldermen Baker, Chessman, Hinsperger, Janvary, Keighan, Kerrio,
Merrett, Orr, Puttick, and Somerville.
NAYE: Aldermen Coville, and Cu~mnings.
No. 449 - Chief Administrative Officer - Re: Appointment to Niagara College
Board of G~vernors. The report recommends that Council select three nominees
for the appointment of a member to the Niagara College Board of Governors.
During the discussion that followed, the request was made for information
regarding Canadian citizenship, as well as other pertinent information with
respect to the nominees.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that
the matter be tabled for further information. The motion Carried with
the following vote:
AYE: Aldermen Cheesman, Rinsper§er, Janvary, Kerrio, Orr, Puttick~ and.
Somerville. . ~.-~,. ~: :
NAYE: Aldermen Baker, Coville, Cummings, Keighan, and Merrett.
No. 450 - Chief Administrative Officer - Re: Fees for Hawker and Pedlar
Licence. 'The report recommends that Council authorize the City Solicitor
te prepare an amendment to the Licencing By-law 76-102 to provide for an
adjustment in Hawker and Pedlar licencs fees from $15.00 for residents and
$30.00 for non-residents to $50.00 and $650.00 respectively.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that
the report be received and adopted. Carried Unanimously.
No. 451 - Chief Administrative Officer - Re: Repeal of Obsolete Private
Acts. The report recommends that the Ministry of Municipal Affairs and
Housing be advised that the City of Nlagara Falls has no objection to the
repeal of certain obsolete Private Acts.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Covtlle,
that the report be received and adopted. Carried Unanimously..
No. 452 - Chief Administrative Officer - Re: B.R.I.C. Application - Eonald
and Joan B~ow~, 3360 St. Patrick Avenue. The report recommends that Council
authorize the payment of $485.29 to Ronald and Joan Brown which represents
one-half of the cost of restoration for the designated property known as
3360 St. Patrick Avenue.
- 10 -
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary,
that the report be received and adopted. Carried Unanimously.
No. 453 - Municipal Works Committee - Re: Improvements - George Bukator
Park. The report recommends that authorization be granted to undertake
improvements to George Bukator Park prior to October 12th, 1984, at an
estimated cost of $5,000.
ORDERED on the motion of Alderman Hineperger, seconded by Alderman Orr, that
the report be received and adopted. Carried Unanimously.
No. 454 - Chief Administrative Officer - Re: Staffing of the Planning
Department. The report recommends that a Senior Planner be hired and the
Planning Department Staff complement remain at nine employees.
The Chief Administrative Officer advised that the Committee of the
Whole had adopted a recommendation that Mr. Doug Darbyson, Senior Planner,
be appointed to the position of Director of Planning, effective November 1st,
1984; that a Senior Planner be recruited for the Planning Department; and
the Staff complement of the Planning and Development Department should be
reviewed in conjunction with an overall organizational study presently under
consideration.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger,
that Mr. Doug Darbyson be appointed to the position of Director of Planning
and Development, effective November 1, 1984. Carried Unanimously.
A brief discussion followed regarding the need for a Senior Planner,
and the anticipated report in the near future with respect to the Staff
complement of City departments.
ORDERED on the motion of Alderman Coville, seconded by Alderman Janvary,
that approval be given to recruit a Senior Planner for the Planning and
Development Department. The motion Carried with the following vote:
AYE: Aldermen Baker, Cheeeman, Coville, Janvary, Keighan, Kerrio, Merrett,
NAYE: Aldermen Cummings, Hinsperger, Orr, Puttick, and Somerville.
ORDERED on the motion of Alderman Merrett, .seconded by Alderman Keighan,
that the present Staff complement of the Planning and Dewelopment Department
be reviewed in con]unction with the current organizational study and report.
Carried Unanimously.
RESOLUTIONS
No. 80 - CUMMINGS - BAKER - RESOLVED that the unit prices submitted by
Stevensville Lawn Service for contract R.M. 21/84 - 1984 Crack Sealing
Program, be accepted at the tendered amount of $15,600.00; AND the Seal
of the Corporation be hereto affixed.
The motion Carried with Aldermen Coville, Hinsperger, Janvary, Kerrio, and
Puttlck voting contrary, and all others in favour.
No. 81 - CUMMINGS - MERRETT - RESOLVED that the unit prices submitted by
L & N Construction Limited for contract R.C. 23/84, Storm Sewer Installation
on Russell Street from St. Paul Avenue to St. Patrick Avenue; and St.
Patrick Avenue from Russell Street to O'Netl Street; and Local Improvement
Road Reconstruction on St. Patrick Avenue, be accepted at the low tendered
amount of $202,949.65; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 82 - CHEESMAN - COVILLE - RESOLVED that the unit prices submitted by
Steed & Evans Ltd., for contract R.C. 24/84, for Road Rehabilitation on
Caledonia Street from Dunn Street to Dorchester Road; and Local Curb and
Gutter fTom Dorchester Road to Adams Avenue, be accepted at the low tendered
amount of $213,307.00; And the Seal of the Corporation be hereto affixed.
.Carried Unanimously.
- 11-
No. 83 - HINSPERGER - BAKER - RESOLVED that the Council of the City of
Niagara Falls approve the appointment of Alderman Brian Merrett as Acting
Mayor for the period of September 10th to 16th, 1984, during the absence of
His Worship Mayor William Smeaton; AND the Seal of the Corporation be
hereto affixed. Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker,
that leave be granted to introduce the following by-laws and the by-laws be
read a first time:
No. 84-197 - A by-law to authorize the execution of an agreement with
Stevensvllle Lawn Service Ltd. for crack sealing on various road
surfaces in the City of Niagara Falls.
No. 84-203 - A.by-law to authorize the installation of watermains as an
improvement to the water supply system in the Urban Service Areas
of the City.
No. 84-204 - A by-law to allow the maintaining and using of a building which
encroaches on Queen Street.
No. 84-205 - A by-law to authorize the execution of an agreement with L & N
Construction and Excavating of Niagara Limited for road recon-
struction and storm sewer installation.
No. 84-206 - A by-law to authorize the execution of an agreement with Ontario
Land Corporation.
No. 84-207 - A by-law to authorize an agreement with Pannell, Kerr, Forster,
Campbell, Sharp for consulting services in connection with the
establishment by the Ontario Waste Management Corporation of
proposed hazardous waste treatment facilities in the City of
Niagara Falls.
No. 84-208 - A by-law to authorize an agreement with Proctor & Redfern Limited.
No. 84-209 - A by-law to authorize the execution of an agreement with Steed and
Evans Limited for road rehabilitation.
~p. 84-210 - A by-law to authorize the execution of an agreement with Chapman
Murray Associates for the Queen Street Commercial Area Improvement
Program (C.A.I.P.) bordered by Park Street, River Road, Huron
Street and Victoria Avenue.
N~o. 84-211 - A by-law to amend By-law No. 79-200, as amended. (Group Homes).
N~o. 84-212 - A by-law to authorize the stopping up and closing of Fairfield
Place Walkway.
N~o. 84-213 . A by-law to authorize a Quit Claim Deed in favour of Barry Charles
Holman and Rosemary Doreen Holman.
N_o. 84-214 . A by-law to provide monies for general purposes.
The motion Carried with Aldermen Coville, Hinaperger, Janvary, Kerrio, and
Puttick voting contrary on By-law No. 84-197; Aldermen Covtlle, Cummings,
Hinsperger, and Keighan abstaining from the vote on By-law 84-214 on conflicts
of interest previously recorded in Report No. 443; and all others voting in
favour.
ORDERED on the motion of
By-law No. 84-175 be now
be now read a second and
Alderman Janvary, seconded by Alderman Merrett, that
read a third time; and that the following by-laws
third time:
- 12 -
No. 84-175 - A by-law to authorize the road rehabilitation of Valley Way from
Houck Drive to Willmott Street.
No. 84-197 - A by-law to authorize the execution of an agreement wlth
Steveosvllle Lawn Service Ltd. for crack sealing on various road
surfaces in the City of Niagara Falls.
No. 84-203 - A by-law to authorize the installation of watermains as an
improvement to the water supply system in the Urban Service Areas
of the City.
No. 84-204 - A by-law to allow the maintaining and using of a building which
encroaches on Queen Street.
No. 84-205 - A by-law to authorize the execution of an agreement with L & N
Construction and Excavating of Niagara Limited for road recon-
struction and storm sewer installation.
No. 84-206 - A by-law to authorize the execution of an agreement with Ontario
Land Corporation.
No. 84-207 - A by-law to authorize an agreement with Pannell, Kerr, Forster,
Campbell, Sharp for consulting services in connection with the
establishment by the Ontario Waste Management Corporation of
proposed hazardous waste treatment facilities in the City of
Niagara Falls.
No. 84-208 - A by-law to authorize an agreement with Proctor & Redfern Limited.
No. 84-209 - A by-law to authorize the execution of an agreement with Steed and
Evans Limited for road rehabilitation.
No. 84-210 - A by-law to authorize the execution of an agreement with Chapman
Murray Associates for the Queen Street Commercial Area Improvement
Program (C.A.I.P.) bordered by Park Street, River Road, Huron
Street and Victoria Avenue.
No. 84-211 - A by-law to amend By-law No. 79-200, as amended. (Group Homes).
No. 84-212 - A by-law to authorize the stopping up and closing of Fairfield
Place Walkway. ~
No. 84-213 - A by-law to authorize a Quit Claim. Deed in favour of Barry Charles
Holman and Rosemary Doreen Holman.
NO. 84-214 - A by-law to provide monies for general purpose~.
The motion Carried with Aldermen Coville,. Hinsperger, Janvary, Kerrto, and
Puttick voting contrary on By-law No. 84-197; Aldermen Coville, Cununings,
Hinsperger, and Keighan abstaining from the vote on By-law No. 84-214 on
conflicts of interest previouely recorded; and all others voting in favourL
NEW BUSINESS
ONTARIO ARENAS ASSOCIATION CONFERENCE - 1985
His Worship Mayor ~meaton referred to the handout memorandum from
~lderman Puttick regarding the above mentioned. The memorandum advises that
on August 23rd, 1984 a meeting was held with the O.A.A. Committee to select
a City for the 1985 Conference, and that a decision on the matter will be.
made on September 12th, 1984.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Kerrio, that
the comm~nication be received and filed. Carried Unanimously.
- 13 -
NIAGARA ESCARPMENT PLAN
Mayor Smeaton referred to a communication from the Provincial Secretary
for Resources Development regarding the Niagara Escarpment Plan. The commun-
ication attaches a public notice which had been inserted in the newspaper
with respect to recommendations to the Ontario Cabinet on the aforementioned.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville,
that the communication be received and filed. Carried Unanimously.
P.A.L.S. - O.W.M.C. RESEARCH GROUP
His Worship Mayor Smeaton referred to the communication from the Preser-
vation of Agricultural Lands Society (P.A.L.S.) which discusses the O.W.M.C.
Research Group and indicating support for the Group.
ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the
communication be received and filed. Carried Unanimously.
CHARGES FOR TRAVELLERS' CHEQUES
Alderman Puttick referred to the communication from the Niagara Falls,
Canada, Visitor & Convention Bureau regarding the policy of the Bank of
Montreal with respect to a charge for cashing Travellers' Cheques. He
noted that the charge had increased from $1.00 to $2.00.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that
a copy of the communication be forwarded to the Honourable Robert Elgie,
Minister of Consumer and Commercial Relations, to the Honourable Reuben Baetz,
Mloieter of Tourism and Recreaton, and to Mr. Grant L. Reuber, President of
the Bank of Montreal. Carried Unanimously.
SHOOTING OF TORONTO POLICE CONSTABLE
Alderman Puttick initiated a discussion regarding the recent shooting of
a Toronto policeman, and of another policeman who had been "stabbed" during
investigative visits.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that
the City ~onate $1,000.00 to the York Regional Police Commission to be included
ih ~e re~ ~i~g offered in the apprehension of the person or persons who
killed one of the'ir' police officers recently. It was further recommended that
the Regional Municipality approach the area municipalities to request a similar
donation. The motion Carried with the following vote:
AYE: Aldermen Baker, Cheesman, Coville, Hlnsperger, Keighan, Kerrio, Merrett,
Putttck, and Somerville.
NAYE: Aldermen Cummings, Janvary, and Orr.
WE~LLAND RIVER CONTAMINATION
Alderman Baker discussed a letter he had received from the Canadians
for a Clean Envlrotunent Cegarding the cost in the amount of $250.00
for a chemical analysis performed by Peninsula Chemical Analysis, and
referred to at a former meeting of City Council. Mr. A101eksutk
spokesman for the group requests financial assistance to meet this
obligation.
ORDERED on the motion of Alderman Baker, seconded by Alderman Cummings, that
the communication from the Canadians for a Clean Environment be forwarded to
the Finance Committee for coneideration. Carried Unanimously.
Following further discussion it was moved by Alderman Baker, seconded by
Alderman Puttick~ that the local ·office of the Ministry of the. Environment be
asked to~.make.a~ official shatement,cpncerning the mattered.
Carried Unanimousl .
U~.S. REPORT - PORNOGRAPHY & CHILD ABUSE
Alderman Keighan referred to the above mentioned report and expressed
concern regarding the problem.
ORDERED on the motion of Alderman Ketghan, seconded by Alderman Janvary, that
the matter be referred to the Chief Administrative Officer for recommendations,
and further that a resolution be drafted for circulation to all levels of gov-
ernment. ~arried Unanimously..
.... 14
- 14 -
ITEMS OF INTEREST
His Worship Mayor Smeaton referred to the following items of interest
and advised that he would be forwarding letters of congratulations to the
persons involved:
1) Miss Lori Synes - Miss Peach Queen for the 1984 Peach Festival;
Mr. L. A. "Hap" Emms- to be considered for the Sports Hall of Fame -
ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrlo,
that a communication be forwarded to the governing body of the Hall of
Fame endorsing the application. Carried Unanimously.
3) Mrs. Marilyn Sullivan, Past Chairman of the Niagara South Board of
Education to a position with the Ministry of Education in Toronto.
"GATHER & CELEBRATE" - BICENTENNIAL EVENT
Alderman Janvary discussed the successful occasion referred to above
and commended Alderman Coville for her assistance. Alderman Cummings
expressed appreciation to Mis Worship biayor Smeaton, and Aldermen Janvary
and Merrett for their efforts to make the event successful.
O.W.M.C. STEERING COMMITTEE MEETINGS
Alderman Covtlle advised that O.W.M.C. Steering Committee meetings are
held each week and invited Council to attend. She advised that a report
ia anticipated for the next meeting of Council.
It was moved by Alderman Puttick, seconded by Alderman Cummings, that
the meeting adjourn. Carried Unanimously.
WILLIAM
THIRTIETH MEETING
Committee Room #!
September 10, 1984
COMMITTEE OF THE WHOLE
Council met on Monday, September 10th, 1984 at 6:30 p.m. in Committee of
the Whole. Ail members of Council were present with the exception of His
Worship Mayor Smeaton, Aldermen Keighan and Kerrio. Alderman Somerville
presided as Chairman.
Following consideration of the items presented the Committee of the Whole
arose without reporting.
READ AND
ERK
PLANNING/REGULAR MEETING
Council Chambers
September 10, 1984
Council met on Monday, September 10th, 1984 at 7:30 p.m. for the purpose
of considering Planning Matters and general business. All members of Council
were present with the exception of His Worship Mayor Smeaton, and Alderman
Keighan. His Worship Acting Mayor Brian Merrett presided as Chairman.
Alderman Janvary offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Baker requested that the minutes of the meeting held August 271h,
1984 be amended to read, under New Business - Welland River Contamination, that
the local office of the Ministry of the Environment be asked to make an official
statement concerning the matter.
Alderman Coville requested that the aforementioned minutes be amended to
read Alderman Coville, rather than Alderman Cummings, opposed By-law No. 84-197.
ORDERED on the motion of Alderman Baker, seconded by Alderman Cummings, that the
amended minutes of the meeting held August 271h, 1984, be adopted.
Carr._.~ied Unanimously.
REPORTS - PLANNING MATTERS
No. 455 - (PD/67/84) - Chief Administrative Officer - Re: AM-6/84 City of
Niagara Falls Non-profit Housing Corporation Re-zoning Application, 5438
Drummond Road. The report refers to the Public Meeting held June llth, 1984,
resulting in additional consideration being given to ingress and egress for the
proposed site from Drummond Road, as well as intended future use of the exist-
ing school buildings, and attaches correspondence and the report dated June llth,
for Council,s information.
Mr. David Bahrynoweki, President of C. David Bahrynowski & Associates Ltd.,
replied to questions raised with regard to the additional cost in excess of
$50,000 which would be required to relocate the driveway. He advised that this
amount would decrease the quality of the project, i.e., landscaping, berming,
brickwork, interior finishing, etc. He reviewed the proposed distribution of
unite for rental payments per market value, rent geared to income, and available
units for handicapped tenants.
Concerns were expressed regarding fencing, the closing of the walkway,
low rental housing, and unemployed tenants, as well as traffic congestion, by
Mr. Steve Skolney, 6028 Britannia Crescent; Mr. Jim Davis, 6023 Britannia Ct.;
Mr. Joe Halos, 6049 Britannia Gr.; Mr. N. Mizibrocky, 5913 Buchanan Avenue; and
Othor interested residents.
-2-
The Planning Director discussed the possible use of the second section
of the residence for the handicapped and senior citizens, and suggested
that any limitations should be carefully considered. He replied to questions
raised regarding traffic congestion in the area of Highway No. 420 and
Drummond Road.
The Traffic & Construction Engineer advised that the Ministry of Trans-
portation & Communications does not have current plans in connection with
the Highway No. 420 / Drummond Road area and discussed the future possibility
of this egress route being closed, resulting in a reduction of traffic to
Drummond Road.
Following further discussion it was moved by Alderman Orr, seconded by
Alderman Hinsperger, that the recommendation contained in the report of June
llth, 1984, be adopted, that the application be approved and that staff
prepare an amending by-law incorporating the various zoning aspects noted in
this report. It was further recommended that the investivation regard-
ing the ingress/egress route for long range planning be continued. The
motion Carried with the following vote:
AYE: Aldermen Baker, Cheeeman, Covllle, Hlnsperger, Janvary, Orr,.'.
and Somerville.
NAYE: Aldermen Cummings, Kerrio, and Puttick.
No. 456 - (PD/65/84) - Chief Administrative Officer - Re: AM-9/84 Zoning
amendment application. Applicants- A. Merino and R. Perfects. The report
recommends that Council approve of the proposed application on the basis that
the retail sales component of the overall industrial operation is defined aa
an ancillary uae in the implementing zoning by-law and that limitations be
placed on the types of products to be sold in accordance with the application,
as submitted.
In response to the question of Acting Mayor Merrett, Mr. Jan Jaluvka,
Solicitor, indicated his presence on behalf of the applicants.
Acting Mayor Merrett requested comments from anyone present who was in
favour of or in opposition to the application. He received a negative response.
The City Clerk advised that Notice of the Public Meeting had been forwarded
by first class mail on August 10th, 1984, to all interested persons.
Acting Mayor Merrett explained the procedure of the New Planning Act, and
requested persons wishing to have further notice of the passage of the by-law
to leave names and addresses with the Clerk.
The Planning Director reviewed the proposed application which would permit
the retailing of flooring, carpet and bathroom products from an existing ind-
ustrial building. The area of the subject property was indicated on a posted
sketch, being located on the east side of Montrose Road north of Industrial
Street. The municipal address is 4460 MOntroae Road, known as Lot 5, Registeredi
Plan 160 for the former Township of Stamford, now City of Niagara Falls. '
Mr. Jaluvka discussed the proposal on behalf of hie clients and advised
that the applicants were present to reply to questions raised. The amount of
building area to be used for wholesaling and retailing is proposed not to
exceed 20% of the building area.
Following further discussion the Public Meeting was declared closed.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings,
that the report be received and adopted. The motion Carried with the following
vote~
AYE:
~AYE:
Aldermen Cheeeman, Coville, Cummings, Hinsperger, Janvary, .:.. ..
Ke~rio, Orr, Puttick, and Somerville· ·
Alderman Baker.
No. 457 - (PD/66/84) - Chief Administrative Officer - Re,: AM-10/84 Official
Plan amendment and Zoning amendment application. Applicant - First Niaga~~
- 3 -
Insurance Brokers Inc. The report recommends that the application for an
Official Plan and Zoning by-law amendment to redesignate the subject lands
for Commercial purposes not be approved.
The City Clerk advised that the propsal is to amend the City's Official
Plan by redesignating land from Industrial to Commercial and zoning the lands
in accordance with the redesignation from Prestige Industrial to General
Commercial to permit the develqpment of a commercial building being proposed
for an Insurance Office.
The Director of Municipal Works reviewed the memorandum dated August
30th, 1984 with the attached information regarding roadways, sidewalks,
storm sewers, sanitary sewers, and water supply in the subject area at the
north side of Morrison Street, between Drummond Road and the C.N.R. tracks.
He replied to questions raised and advised that a cost estimate of the
project has not been completed.
Mr. Brian Sinclair, Solicitor, indicated his presence as an agent for
the applicant.
A response was not received regarding a request for comments from those
in favour of the application. Acting Mayor Merrett requested an indication
of persons present in opposition to the application, and received a reply
from Mr. Gabe Mallouk, on behalf of the Downtown Board of Management.
The City Clerk advised that the Notices of the Public Meeting had been
forward to interested persons by first class mail on August 10th, 1984.
Acting Mayor Merrett requested that persons wishing to receive further
notice of the passage of the by-law ~o leave names and addresses with the
Clerk prior to leaving the meeting. He explained the procedure of the Public
Meeting under the New Planning Act.
The Planning Director reviewed the purpose of the proposal, demonstrated
the subject area with the assistance of a posted sketch, and advised that the
applicant wishes to establish an office on a section of the site.
Ac'ting Mayor Merrett requested comments from p,eraons present who were
in favour of, and those opposing the application.
- AND -
Communication No. 301 - Downtown Board of Management - Re: First Niagara
Insurance application to rezone. The communication expresses opposition t6
the application to rezone the property along Morrison Street west of Princess
Elizabeth School, because available space has already been zoned for office
purposes. Mr. Mallouk, Chairman of the Board, reviewed the concerns outlined
in the communication and expressed opposition to the proposal.
Mr~ Brian Sinclair, spokesman for the First Niagara Insurance Brokers Inc.,
reviewed the historical data of the group, and indicated the need for adequate
premises for the 25 employees involved. He referred to the information
contained in the Technical Report, the residential properties in the subject area
and proximity to the school, the present zoning which would permit industrial
and general commercial uses, and advised that all avenues had been investigated
prior to submission of the application.
Following further discussion Acting Mayor Merrett declared the Public
Meeting closed.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger,
that the report be received and the application approved, subject to Staff
Working out the details with respect to sanitary and watermain services.
Carried Unanimously,
ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that
the communication be received and filed· Carried Unanimously..
-4 -
No. 458 - (PD/71/84) - Chief Administrative Officer - Re: N-4 Nlagara
Escarpment Plan. The report recommends that a resolution be adopted request-
lng the Ontario Cabinet to consider subsidizing the costs of administration
which would be borne by local municipalities under the proposals made by the
Provincial Secretary for Resources Development concerning Escarpment Plan
implementatiom.
ORDERED on the mot£on of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 459 - (PD/54/84) - Chief Administrative Officer - Re: AM-7/84 Oakes
Drive Motel Ltd., 6546 Buchanan Avenue. The report recommends that Council
concede to the matter of the provision for payment of sidewalks, however, that
the proposed 35% lot coverage as recommended be maintained.
Mr. John Broderick, Solicitor, addressed Council os behalf of the
applicant, Mr. M. Ricci, Oakes Drive Motel Limited. He referred to the
declaion of the Director of Municipal Worka regarding payment for sidewalks,
ae well aa to the decision recommending 35% lot coverage. Mr. Broderick
expressed the opinion that the 35% lot coverage recommendation was "unreasonable"
and suggested that a 50% coverage would be "reasonable".
The Planning Director advised of previous discussion regarding this matter,
and expressed the view that the development would be "spoiled if it went above
35%".
ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the
report be received and adopted. The motion was Defeated with the following vote:
AYE: Aldermen Baker, and Orr.
NAYE: Aldermen Chessman, Coville, Cummings, Hlnsperger, Janvary, Kerrio, ..
Puttlck, and Somerville.
Following further discussion it was moved by Alderman Cummings, seconded
be Alderman Kerrio, that the report be received and approval granted with a
50% lot coverage rather than 35%. The motion Carried with the following vote:
AYE: Aldermen Baker, Coville., Cummings, Hinsperger, Kerrio,.Puttick,
and Somerville. '
NAYE: Aldermen Chessman, Jaovary, and Orr.
No. 460 - (PD/68/84) - Chief Administrative Officer - Re: 26T-76098 - Request
for Draft Plan Extension to the Kelner Subdivision, (formerly Auguruea). The
report recommends that a Council resolution be adopted Supporting the subdiv-
ider~s request for a further 1 year extension to the Kelner Plan of Subdivisioe
and the Ministry of Municipal Affairs & Housing be advised accordingly.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that
the report be received and .adopted. Carried Unanimously..
See Resolution No. 85.
No. 461 - (PD/72/84) - Chief Administrative Officer ~ Re: ST-lO5 - Proposed
Amendment No. 18 to the Regional Niagara Policy Plan - Revised Policiea for
Uses in Rural Areas, and Existing Lots of Record and Livestock Operations. The
report recommends that the Regional Municipality of Niagara be informed that
the City of Niagara Falls is in general agreement with the Proposed Amendment
No. 18.
ORDERED on the motion of Alderman Coville, seconded by Alderman Somerville~ that
the report be received and adopted. Carried Unanimously.
NO. 462 - (PD/73/84) - Chief Administrative Officer - Re: ST-93 Public
Meeting - Proposed Queen Street/River Road Redevelopment Plan. The report
recommends the following:
1) That the input received from citizens of Niagara Falls at tonight's public
meeting regarding the proposed Queen Street/River Road Redevelopment Plan
be referred to Staff.
2) That Staff be authorized to make appropriate modifications and refinemente
to the Plan based on public input and asency comments.
- 5 -
3)
That the Redevelopment Plan be presented to Council in its final form om
October 9, 1984, for approval and subsequent submission to the Ministry
of Municipal Affairs & Housing.
The Planner 1 reviewed the background data, and demonstrated with the
assistance of visual aids in the form of sketches, the proposed plans for the
area.
The Director of Municipal Works reviewed the present municipal services
and planned improvements to the subject area, with reference to Schedule 1
of the report.
Mr. Wayne Murray, Chapman Murray Associates, discussed the goals and
objectives referred to on page 4 of the report.
Mr. Gabe Mallouk, Chairman, Downtown Board of Management, expressed the
appreciation of the downtown businessmen with respect to the project as an
encouraging feature for downtown development. He discussed the recent
improvements and new businesses in the downtown area, suggesting that fair
Market Value Assessment was the "biggest single factor" involved.
The Planning Director advised that a set of posted sketches would be
displayed in the Niagara Falls Public Library, and another in City Hall for
publicity purposes and input.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
No. 463 - (PD/70/84) - Chief Administrative Officer - Re: ST-177 Ontario
Waste Management Candidate Sites - Community Awareness & Research Project -
Proposal for Extension of Research Team's Assignment. ]he report recommends
the following:
1) That Council receive and file the attached status report on the Research
Team's activities during the three month period authorized by Council and
due to end on Friday, September 14th, next;
2) That Council consider extending, in a modified format, the Research Team
Project for a further three month period - September 17 to December
3) That the cost of the extended period (approximately $12,000) be met by
transfer of funds already approved in other sections of the 1984 budget
and aa explained later in this report.
ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that
the report be received and adopted. Carried Unanimously.
No. 464 - Chief Administrative Officer - Re: ST-17? Hydrogeological Studies
of the O.W.M.C. Sites. The report recommends that City Council forward to
O.W.M.C. the attached proposal for Hydrogeological Studies, for consideration
in their Phase 4A work.
ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
DEPUTATION
MRs. RONALD DANDY~ 4962 MGRAE STREET - TRAFFIC
Communication No. 302 - Ronald Dandy - Re: Traffic on McRae Street. The
communication requesta permis~ion to address Council regarding the matter. Mr.
Dandy discussed his concerns regarding the speed of traffic on McRae Street,
the large number of children living in the area, the recently installed stop
sign at Slater Ave. and McRae St. and the need for additional stop signs at
Heywood and Second Avenues. He dtaplayed enapshota of a recent accident on
McRae Street with a vehicle ending up on his front lawn. Mr. Dandy referred
further to stop signs on Valley Way and Stamford Street, requested enforcement
of the stop sign at Sister Street, and expressed the desire for active partici-
pation with regard to plans for McRae Street.
· 6
-6-
The Traffic & Construction Engineer reviewed events leading up to the
installation of the stop sign at McRae St. and Slater Ave. and referred to
traffic counts which indicated that the speed of vehicles on McRae Street
was not generally excessive. He replied to questions raised regarding the
matter, and advised that a full report would be submitted to Council on
September 24th, 1984.
Mr. Phillip Roberto, 5238 Ottawa Avenue, referred to the numerous
children in the area, and school bus service on McRae Street. Ne referred
further to a petition submitted to Council on May 28th, 1984.
The following residents expressed concerns regarding the problem:
Mr. Tom Benson, 5036 McRae Street; Edward and Nora Ketcheson, 5249 Heywood Ave-
sue; and Joe Cuviello, 5284 Florence Avenue.
ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that
the communication be received and filed. Carried Unanimously.
REGULAR MEETING
UNFINISHED BUSINESS
APPOINTMENT TO NIAGARA COLLEGE BOARD OF GOVERNORS
Report No. 449 - (Tabled) - Chief Administrative Officer - Re; Appointment to
Niagara College Board of Governors. The report recommends that Council select
three nominees for the appointment of a member to the Niagara College Board of
Governors.
Alderman Orr declared a conflict of interest because she is employed by
Niagara College.
The City Clerk pointed out that a communication had been received, after
the'August 15th, 1984 deadline, from Mr. Rudolph H. Meuser, indicating interest
in the position. He further advised that Mr. David C. Mason has requested that
his name be deleted from the list.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that
~he name of one person, be submitted to the Boar~. The motion Carried with
Alderman Orr abstaining from the vote on a conflict of interest p--'~'~'~evfously
recorded, and the following vote: I
AYE: Aldermen Baker, Chessman, Coville, Cummings, Hlnsperger~ Janvary, Kerrio,
and Somerville.
NAYE: Alderman Puttick.
Nominations were received for Mr. Kenneth W. Heaslip, Mrs. Lorraine Savriga,
and Mary ~n Toomath-Seppala.
ORDERED on the motion of AldeYman Janvary, seconded by Alderman Hinsperger, that
Mrs. Lorraine Savriga be recommended for'appointment to the Board of Governors
of Niagara College. It was further recom~ended that letters of appreciation be
forwarded to all persons who submitted names for the appointment. The motion
Carried with Alderman Orr abstaining from the vote on a conflict of'interest
previously recorded, and the following vote:
AYE: Aldermen Baker, Chessman, Covtllej Cummings, HinsperBer, Janvary, Kerrio,
and Somerville.
NAYE: Alderman Puttick.
REPRESENTATIVE TO HUMANE SOCIETY
Report No. 465 - Chief Administrative Officer - Rel Election to the Board of
Directors of the Humane Society. The report attaches the report dated August
27th, respecting the aforementioned, which was tabled and referred to the
Solicitor for conanent; .provides information included in the agreement dated
July 7th, 1980 regarding membership on the Board; and recommends that this
r~port be received and filed for the information of Council.
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- AND -
Communication No. 302(a) - Andrew Whiteley, C.G.A. - Re: Appointment to the
Humane Society 'Board. The commu-~nication submits the writer's name for consid-
eration.
Communication No. 302(b) - Mrs. Pat Millington - Re: Appointment to the Humane
Society Board. The communication offers the writer's name for consideration.
Communication No. 302(c) - Miss P. Stewart - Re: Appointment to the Humane
Society Board. The communication makes application to the Board.
During the discussion it was noted that the deadline for receiving names
for nomination was July 31st, 1984, and therefore the persons named above
should not be considered since their applications were received after the
deadline.
The City Solicitor referred to paragraph(c) included in the report which
was a part of the last agreement with the Humane Society.
Mr. Bob Green addressed Council on behalf of the Humane Society. He
advised that the City was "forcing something" which the Society does not agree
with, and that a more recent agreement has not yet been signed by the Board of
Directors.
Acting Mayor Merrett expressed the opinion that the application from Mr.
Harold Warner should be approved. Following further discussion it was moved by
Alderman Coville, seconded by Alderman Orr, that the report be received and
adopted, and that Mr. Harold A. Warner's name be submitted for appointment to
the Board of Directors of the Humane Society. The motion Carried with the
following vote:
AYE: Acting Mayor Merrett, and Aldermen Coville, Cummings, Kerrio, Orr, and
Somerville.
NAYE: Aldermen Baker, Chessman, Hinsperger, Janvary~ and Puttick.
Alderman Somerville retired from the meeting.
ORDERED on the motion of Alderman Cummings~ seconded by Alderman Janvary,
that the co~unications be received and filed, and that appreciation be
expressed to all the applicants. Carried Unanimously.
COMMUNICATION
No. 303 - City of York - Re: Resolution respecting Language Rights. The
communication attaches a resolution passed at the recent 47th Annual Conference
of the F.C.M. in Winnipeg.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that
the resqlution be endorsed. The motion was Defeated with the following vote:
AYE: Aldermen Baker, Chessman, Hinsperger, and Orr.
NAYE: Aldermen Coville, Cummings, Janvary, Kerrio, and Puttick.
Following further discussion, it was moved by Alderman Cummings, seconded
by Alderman Hinsperger, that the communication be received and filed. The
motion ~rried with the following vote:
AYE: Aldermen Coville, Cummings, Hinsperger, Janvary, Kerrio, and Puttick.
NAYE: Aldermen Baker, Chessman, and Orr.
REPORTS
No. 466 . Chief Administrative Officer - Re: Bingo Lottery Permit - Niagara
Regional N~tive Centre. The report recommends that Council consider the
attached application from the Niagara Regional Native Centre of Niagara-on-the-
Lake for a Bingo Lottery Permit to conduct ~ weekly Bingo on Saturdays at the
Golden Nugget Hall, and determine if it wishes to grant approval.
Alderman Cummings declared a conflict of interest because he ia a share-
holder tn a Club with an interest in bingos.
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Mr. Wally Scott, a member of the Board of Directors of the Niagara
Regional Native Centre, described the organization as providing a Regional
service to native people. He stated that the group had worked in cooperation
with many agencies within Niagara Falls, and participated in activities in
the City. Mr. Scott indicated that benefits are provided to native people in
Niagara Falls without cost to the taxpayers of the City and the Region.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Kerrio, that
the report be received and approval granted. The motion Carried with
Alderman Cummings abstaining from the vote on a conflict of interest previously
recorded, and with the following vote:
AYE: Acting Mayor Merrett, and Aldermen Cheesman, Hinsperger, Kerrio, and
Puttick.
NAYE: Aldermen Baker, Covllle, Janvary, and Orr.
No. 467 - Chief Administrative Officer - Re: T.V. Bingo - Rotary Club of
Niagara Falls. The report recommends that Council determine if it wishes to
issue a letter of permission to the Rotary Club of Niagara Falls to participate
in a T.V. Bingo with the Rotary Clubs of Welland and Port Colborne.
Alderman Cummings declared a conflict of interest because he is a share-
holder in a group with interest in Bingo games.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville,
that the report be received and approval granted. The motion Carried with
Alderman Cummings abstaining from the vote on a conflict of interest previously
recorded, and all others voting in favour.
No. 468 - Chief Administrative Officer - Re: Contract R.C. 23/84 - Storm Sewer
Installation on Russell Street from St. Paul Avenue to St. Patrick Avenue; and
St. Patrick Avenue from Russell Street to O'Neil Street; and Local Improvement
Road Reconstruction on St. Patrick Avenue. The report recommends that a by-law
authorizing an agreement with Blairick Limited be prepared for the next Council
meeting, unless L & N Construction is able to produce all documents required to
execute a contract on time.
A lengthy discussion followed and the Director of Municipal Works replied
to questions raised regarding the normal procedures for acceptance of tenders,
as well as the importance of the posting of bonds.'
Mr. W. Amadio, Solicitor, represented Provincial qonstruction at the meet-
ing. He advised that the proposal is for a contract between the City of Niagara
Falls and Provincial Construction, and that the services of L & N Construction
would be used to perfgrm the contract at the submitted contract price of
$202,949.65.
The City Solicitor advised that the suggested proposal was not illegal, but
that care must be taken to have an agreement with Provincial Construction, that
a bond be obtained, and the $12,500 deposit should be r~turned to L & N Construco
tion.
Following further discussion it was moved by Alderman Puttict~, ~ec~d~d.,[~y
Alderman Cummings, that the report be received and Contract R.C. 23/84 be
awarded to Provincial Construction Limited subject to the following conditions:
1) that an agreement be completed between Provincial Construction and the City
of Niagara Falls;
2) that the necessary bonding and insurance for the Contract be secured;
3) that the total Contract price be in the amount of $202,949.65;
4) that the tender deposit for the Contract, in the amount of $12,500, be
refunded to L & N Construction;
5) and that Resolution No. 81 which was passed on August 27th, 1984 be
rescinded. .C.arried Unanimously.
See Resol, ution No. 86.
ORDERED on the motion of Alderman Cummings, seconded gy Alderman Baker,
The motiom Carried-- with the
that leave be 8ranted to proceed past 11:00 p.m.
following vote:
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AYE: Aldermen Baker, Coville, Cummings, Hinsperger, and Janvary.
NAYE: Aldermen Cheesman, Kerrio, Orr, and Puttick.
COMMUNICATIONS
No. 304 - Niagara Falls, Canada, Visitor & Convention Bureau - Re: Second
Annual 'Festival of Lights', November 24, 1984 to February 18, 1985. The
communication requests free ice time for two events, a Figure Skating Exhi-
bition, and a Skate~a-thom. During the discussion it was suggested that a
submission might be forwarded to the Finance Committee for consideration.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
the communication be received and the request denied. Carried Unanimously.
No. 305 - Regional Municipality of Niagara - Re: Water/Sewage Flows by
Municipality, Monthly Report for July 1984; and Taste and (]dour Problems
and Control at Niagara's Potable Water Supply Systems.
ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that the
communication be received and filed. Carried Unanimously.
No. 306 - Mr. Oscar Bordenave - Re: Boxing Show at Niagara Falls Memorial
Arena - October 13, ~e communication requests a Special Occasion Permit
for the event.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that
the request of Oscar Bordenave for a special occasion permit for the boxing
show to be held on October 13th, 1984, at the Niagara Falls Memorial Arena,
Niagara Falls, be approved subject to the approval of the Regional Police
Department, the Niagara Falls Fire Department, the Niagara District Health
Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously.
No. 307 - Ontario Good Roads Association - Re: Micro Computer Course -
October 14 t'-~'~, 1984, Alliston, Ontario. The communication includes infor-
mation regarding the aforementioned course which is designed for Non Users of
micro computers.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Covllle, that
the communication be referred to Staff for consideration. Carried Unanimously.
No. 308 - Mayor Robert M. Morrow, City of Hamilton - Re: Pan Am Games, City
of Hamilton, 1991.'--~-e communication advises of Hamilton's bid for the Pan
Am Games for 1991 and requests the City of Niagara Falls to endorse the
proposal.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
the request be endorsed, and the facilities of the City of Niagara Falls be
made available if required. Carried Unanimously.
No. 309 - Chamber of Commerce - Re: Location of Waste Treatment Facility. The
communication refers to the City's study concerning the location of a waste
treatment facility which was proposed by the O.W.M.C., discusses the matter in
detail, and expresses the desire to find a suitable solution to the problem, as
well as urging greater involvement from the community and the development of
a strategy to obtain fair compensation for the City should Niagara Falls or the
Region be selected.
ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that the
communication be referred to the Waste Management Steering Committee for
consideration. Carried Unanimously.
No. 310 - N~orma & Dan Iannone~ and Mike & Karen Sirtanni - Re: Extension of
White Water Facilities. The communication refers to the above mentioned matter
and advises of an upcoming meeting on Wednesday, September 12, 1983 at the
office of the Chamber of Commerce.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that
the communication be received and the interested residents notified of the
meeting. ~arried Unanimously.
REPORTS
No. 469 . C~hief Administrative Officer - Re: Lion's Park Chiller. The report
- 10 -
recommends that the quotation of $9,875.00 from CIMCO Refrigeration of Toronto
be accepted to retube and brine the chiller at Lion's Park Rink.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
No. 470 - Chief Administrative Officer - Re: Lease Agreement with Ministry of
Transportation and Communications. The report recommends that the by-law
appearing later on the Agenda, authorizing a Lease Agreement with the Ministry
of Transportation and Communications be passed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See By-law No. 84-216.
No. 471 - Municipal Works Committee - Re: Request for Encroachment into Storm
Sewer Easement - Lot 7, Plan M-16, Bell Crescent - Mr. Paul Learn. The report
recommends that the attached report be received and filed for the information
of Council.
ORDERED on the motion of Alderman Coville, seconded by Alderman Cunmmtngs, that
the report be received and adopted. Carried Unanimously.
No. 472 - Municipal Works Committee - Re: Regional Waste Management Maeter Plan.'
The report recommends the following:
1) That the attached report with respect to the City's comments on the Regional
Waste Management Master Plan be endorsed; and
2) l~at copies of this report be forwarded to the Regional Municipality of
Niagara.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that
the report be received and adopted. Carried Unanimously.
No. 473 - Municipal Works Committee - Re: Municipal Works Committee Reports.
The report recommends the following:
1) Street Light Maintenance -
- that Council approve the procedure set forth for street light maintenance.
2) Third Avenue Petition for Road Rehabilitation from McRae St. to Stamford St..
- that consideration be given in the 1985 budgets for the road rehab£11tatl0t
of Third Avenue from McRae Street to Stamford Street.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
the report be received and adopted. Carried Unanimously.
No. 474 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $1,229,803.89 for the two week period
ending September 10th, 1984, be approved by the passing of the by-law appearing
later on the agenda.
Alderman Cheesman declared a conflict of interest on Cheque No. 02554
because bls wife is employed with the orsanization.
Alderman Hinsperger declared a conflict of interest on Cheques No. 02507,
02619, and 02620 because he ts employed with the firm; and on Cheque No. 02726
because he is a member of the organization.
Additional information was requested regarding l0 businesses which are
receiving Assessment Court refunds.
DRBERED on the motion of Alderman Kerrio, seconded by Alderman Coville, that
the report be received and adopted. The motion Carried with Aldermen Cheesman
and Hinsperger abstaining from the vote on Cheques No. b2554, 02507, 02619,
02620, and 02726 on conflicts of interest previously recorded, and all others
voting in favour.
No. 475 - Chief Administrative Officer - Re: ~mplementation of a Training and
· Development Policy. The report recommends that City Council:
- 11 -
1) Approve the Training and Development Policy as established (see attached);
2) Rescind the existing Policy, "Payment of Tuition Fees";
3) Rescind the existing Policy, "Training Courses - Meal Allowances".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker,
that the report be received and adopted. The motion Carried with the following
vote:
AYE: Aldermen Baker, Cheesman, Covllle, Cummings, Hinsperger Janvary Kerrio,
and Orr. ' '
NAYE:Alderman Puttick.
No. 476 - Chief Administrative Officer - Re: Leases at Niagara District Airport.
The report recommends that the information be received and filed.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the
report be received and filed. Carried Unanimously.
No. 477 - Chief Administrative Officer - Re: Overnight Parking By-law. qbe
report recommends that the By-law appearing on this agenda to expand a restric-
tion on overnight parking in the City of Niagara Falls be passed; and that
this report be received and filed.
ORDERED on the motion of Alderman Hlnsperger, seconded by Alderman Baker, that
the report be received and adopted. Carried Unanimously.
See By-law No. 84-217.
No. 478 - Chief Administrative Officer - Re: Follow-Up Procedure for Council
Agenda Matters. The report recommends that a new procedure to enable Staff to
follow up on matters considered by Council be noted, and that the report be
received and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 479 - Chief Administrative Officer - Re: Council Remuneration. The report
recommends that this report be received and filed for the information of Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
report be received and filed. The motion Carried with the following vote:
AYE: Aldermen Baker, Cheesman, Coville, Cummings, Hlnsperger, Janvary, Puttick,
and Orr.
NAYE: Alderman Kerrio.
No. 480 - Chief Administrative Officer - Re: Request to Sell Grapes from
Trailers legated in the Niagara Falls Memorial Arena Parking Lot. The report
recommends that Council consider the request of Mr. Phil Calabrese to park two
trailers in the Niagara Falls Memorial Arena Parking Lot and, providing there
ale no objections, grant approval subject to the conditions outlined in this
report.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
No. 481 - .M~.~or Smeaton - Re: Letter from Chamber of Commerce requesting
opinions on O.W.M.C. Waste Disposal Sites. The report recommends that City
Council approve the attached letter to the President of the Chamber of Commerce
as the City's reply to the Chamber's request for comment dated July 23, 1984.
ORDERED on the motion of Alderman Coville, seconded by Alderman Baker, that the
report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Baker~ Coville~ Cummings, Binsperger~ Janvary~ Kerrio~ Puttick,
and Orr.
NAYE: Alderman Cheesman.
No. 452 . ..Mayor 8meaton - Re: Downtown Revitalization - Appointment of Downtown
Revitalization Steering Committee. The report recommends that Council approve
the creatlon of a Downtown Revitalization Steering Committee wlth membership as
outltned in the report.
- 12 -
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville, that
the report be received and adopted. Carried Unanimously.
No. 483 - City Clerk - Re: AM-l/84, Restricted Area By-law No. 84-125, Nancy
Aello, Proposed Single Family Dwellings, South Side of Mountain Road East of
Dorchester Road. The report recommends that the date of the Ontario Municipal
Board Hearing respecting the above By-law be noted and that this report be
received and filed.
Alderman Cummings declared a conflict of interest because he is a shareholder
in an organization with landholdings in the area.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that
the report be received and filed. The motion Carried with Alderman Cummings
abstaining from the vote on a conflict of interest previously recorded, and all
others voting in favour.
No. 484 - Chief Administrative Officer - Re: Creative Talent Special Event.
The report recommends that the Recreation Department be given approval to schedule
the Creative Talent Rock Show on September 29th, 1984, at the Niagara Falls Mem-
orial Arena.
ORDERED on the motion of Alderman Cummings, seconded by ALderman Hinsperger, that
the r~port be received and adopted. Carried Unanimously.
RESOLUTIONS
No. CU~INGS - JANVARY - RESOLVED that a message of condolence be forwarded to
the family of the late Mr. George MacPhail, a member of the Recreation Commission,
and a well respected member of the community; AND the Seal of the Corporation be
hereto affixed.
Carried Unanimously.
No. 85 - CUMMINGS - COVILLE - RESOLVED that the Council of the City of Niagara
Falls supports a further one year extension of draft plan approval for the
Kelner Plan of Subdivision (File 26T-76098), and that the Ministry of Municipal
Affairs and Housing be so advtse~; AND the Seal of the Corporation he hereto
affixed.
Carried Unanimously.
No. 86 - PUTTICK - CU~INGS - RESOLVED that Contract R.C.! 23/84 - storm sewer
installation on Russell Street from St. Paul Avenue to St. Patrick Avenue; and
St. Patrick Avenue from Russell Street to O'Neil Street; and local improvement
road reconstruction on S%. Patrick Avenue, be awarded to Provincial Construction
Limited, subject to the following conditions:
1) An agreement be completed between Provincial Construction and the City of
Niagara Falls;
2) The necessary bonding and insurance for the Contract be secured;
3) The total Contract price be in the amount of $202,949.65;
4) The tender deposit for the Contract, in the amount of $12,500 be refunded
to L & N Construction;
AND Resolution No. 81 which was passed on August 27th, 1984, be rescinded;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Coville, seconded by Alderman Kerrio, that
leave be granted to introduce the following by-laws and the by-laws be read a
first time:
No. 84-141 w A by-law to authorize the execution of an. agreement with Clarence
A. Chambers amd Joan Chambers.
.No.-84-215 - A by-law to establish certain lands as part of PortaEe Road and
part of Kttchener Street, being public highways.
- 13 -
No. 84-216 - A by-law to authorize the execution of an agreement with Her
Majesty the Queen in Right of the Province of Ontario as represent-
ed by the Minister of Transportation and Communications.
No. 84-217 - A by-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Overnight Parking Regulation).
No. 84-218 - A by-law to provide for the remuneration of members of the Council.
No. 84-219 - A by-law to provide monies for general purposes.
The motion Carried with Aldermen Baker and Janvary voting contrary on By-law No.
84-218; .Aldermen Cheesman and Hinsperger abstaining from the vote on By-law
No. 84-219 on conflicts of interest previously recorded in Report No. 474;
and all others voting in favour.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that
the following by-laws be now read a second and third time:
No. 84-141 - A by-law to authorize the execution of an agreement with Clarence
A. Chambers and Joan Chambers.
No. 84-215 - A by-law to establish certain lands as part of Portage Road and
part of Kitchener Street, being public highways.
No. 84-216 - A by-law to authorize the execution of an agreement with Her
Majesty the Queen in Right of the Province of Ontario as represent-
ed by the Minister of Transportation and Communications.
No. 84-21.________~7 - A by-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Overnight Parking Regulation).
No. 84-21.____~__~8 - A by-law to provide for the remuneration of members of the Council.
No. 84-21________~9 - A by-law to provide monies for general purposes.
The motion Carrie~d with Aldermen Baker and Janvary voting contrary on By-law No.
84-218; Aldermen Cheesman and Hinsperger abstaining from the vote on By-law
No. 84-219 on conflicts of interest previously recorded; and all others voting
in favour.
NEW BUSINESS
HAPpy WANDERER - SUPERFEST
Acting Mayor Merrett referred to a communication from the Happy Wanderer
Snperfest, Festival Organizer which advises of the proposed plan for Octoberfest
to be held September 27th to October 6th, 1984. The communication requests
a Special Occasion Permit for the event.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that the
request of the Happy Wanderer Superfest Niagara for a special occasion permit for
the Octoberfest to be held from September 27th - October 6th, 1984, on the west
side of Stanley Avenue, south of Dunn Street, across from the Loretto Academy;
Niagara Falls, be approved subject to the approval of the Regional Police Depart-
ment, the Niagara Falls Fire Department, the Niagara District Health Unit, and
the Liquor Licensing Board of Ontario. Carried Unanimously.
~_~. CONFERENCE
Alderman Cheesman advised that his comments regarding the recent A.M.O.
Conference would be deferred to the next meeting of City Council.
ON~TARIo ARENAS ASSOCIATION INC. - CONVENTION / 1986
Alderman Puttick referred to the letter to Mr. Barry Milner, Conference
Committee Chairman, which discussed the conference to be held in Niagara Falls
- 14 -
in 1986 providing the Your Host package is the same except for the cost of
living index price increase. Copies of the letter were included in the
handout material for members of Council.
CLEANING OF STREET LIGHTS
Alderman Puttick referred to the inadequate cleaning of street lights by
the contractor. The Director of Municipal Works advised that he had investi-
gated and resolved this matter.
CONGRATULATIONS & APPRECIATION
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that
letters of congratulations be forwarded to Prime Minister Elect Brian Mulroney,
and Member of Parliament Elect Rob Nicholson; and a letter of appreciation be
forwarded to Mr. A.A. MacBain, M.P. Carried Unanimously.
TRANSPORT PARKING/RESIDENTIAL AREAS
Alderman Cummings requested that Staff investigate the parking of transport
trucks in residential areas, particularly in the Charnwood/Weetwood area.
PROVINCIAL GAS - GOLDEN AGE SERVICE
Alderman Cummings suggested that a letter of appreciation be forwarded to
Provincial Gas with respect to the new Golden Age Service programme to assist
the special needs of senior citizens.
REGIONAL EXHIBITION - WELLAND
Alderman Janvary invited members of Council and Staff to attend the
Regional Exhibition in Welland on September 16th, 1984, from 2:00 p.m. to
6:30 p.m. during which time the'entertainment will include Niagara Falls talent
sponsored by the Heritage Village Program.
It was moved by Alderman Cummings, seconded by Alderman Hlnsperger, that
the meeting adjourn. Carried Unanimous~ly._
THIRTY-FIRST MEETING
Committee Room #1
September 17, 1984
COMMITTEE OF THE WHOLE
Council met on Monday, September 17th, 1984 at 7:25 p.m. in Committee of
the Whole. Ail members of Council were present with the exception of
Aldermen Janvary, Puttick, and Somerville. His Worship Mayor Smeaton presided
as Chairman.
Following consideration of the item presented the Committee of the Whole
arose without reporting.
READ AND
CLERK
REGULAR MEETING
Council Chambers
September 17, 1984
Council met on Monday, September 17th, 1984 at 7:30 p.m. for the purpose
of considering general business. All members of Council were present with the
exception of Aldermen Janvary, Puttick, and Somerville. His Worship Mayor Smeaton
presided as Chairman. Alderman Merrett offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Hlnsperger, seconded by Alderman Covllle,
that the minutes of the meeting held September 10th, 1984, be adopted as printed.
Carried Unanimously. '
DEPUTATIONS
MRS___~_LUCILLE HILSTON - MUSICAL COMPOSITION
Mrs. Lucille Hilston discussed her recent attendance at the Republican
Convention in Dallas, Texas, and played a taped version of her musical composi-
tion which had been submitted to the Convention. She referred to her contacts
with the media during the four day Convention, and to a letter received from
the Whi.te House, Washington, D.C. dated August 15th, 1984, from the Director of
Media Relations, expressing appreciation of her song at the Convention.
His Worship Mayor ~neaton discussed the musical contributions made bM,Mrs.
Hllston over the years~ and her promotion of Niagara Falls and the area. Be
referred to the recognition she had received in the past, and more recently from
the President of the United States. Mayor Smeaton expressed congratulations and
appreciation on behalf of Council to Mrs. Hilston.
MU.~LTICULTURE NIAGARA CENTR.__~E - IMMIGRANT NEEDS ASSESSMENT
Mrs. Mary Hughes, Executive Director of Multlculture Niagara Centre Inc.
referred to the "Immigrant Needs Assessment" information which had been submitted
previously to Council. She discussed the goals and recommendations contained in
the report, and referred to the Workshops which had been scheduled from November
1984 to March 1985 in order to co-ordinate services in the community. Mrs.
Hughes further referred to the agency's participation in the up-coming Festival
of Lights.
Members of Council expressed appreciation to Mrs. Hughes for her interest
and involvement regarding ethnic groups in the City of Niagara Falls.
- 2-
MRS. L. LOPERS - BACKYARD FLOODING
Mrs. L. Lopers submitted a written request to address Council regarding
the backyard flooding in the Baldwin, Lee, and Mulhern area. The City Clerk
advised that Mrs. Lopers had requested that this matter be tabled for one
week.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the matter be tabled to September 24th, and further, that this item be
referred to Staff for an interim report on that date. Carried Unanimously.
UNFINISHED BUSINESS
RAGWEED
~ommuni~ation No. 311 - Regional Niagara Health Services Department - Re: Ragweed.
The com~9D~catfon ~d~scusses ragweed and the .problem of allergic rhinitis or hay feve~
caused by pollens and molds, and the responsibility of the weed control officer.
It is suggested that the Ministry of Agriculture and Food would be a source of
information on the matter, and a local allergist.
A discussion followed concerning the anticipated report from the Weed
Inspector for the Municipality, publicity in the press regarding the control of
weeds. Mr. Malcolm Gibson, Green Oakes Mobile Homes Limited, advised that an
article had previously been published in the local newspaper with respect to
ragweed and golden rod.
ORDERED on the motion of Alderman Covtlle, seconded by Alderman Orr, that the
communication be received and filed, Carried Unanimously.
CONTRACT R.C. 23/84 - STORM SEWER INSTALLATION ON RUSSELL ST. & ST. PATRICK
AVE., AND LOCAL IMPROVEMENT ROAD RECONSTRUCTION ON ST. PATRICK AVE.
Report No. 485 - Chief Administrative Officer - Re: Contract R.C. 23/84 -
Storm Sewer Installation on Russell St. from St. Paul Ave. to St. Patrick Ave.,
and St. Patrick Ave. from Russell St. to O'Neil St., and Local Improvement Road
Reconstruction on St. Patrick Ave. The report recommends that the by-law author-
izing an agreement with Provincial Construction Limited for contract R.C. 23/84
be approved by Council.
-AND -
Communication No. 312(a) - The Heavy Construction Association of Regional Niagara
Re: Contract R.C. 23/84 (as above-~. The communication e--~presses concern regard-
ing the decision of Council as inconsistent with the Special Provisions - General
for this contract and requests that the decision be reviewed, and the Contract
awarded on information in the tendering documents.
-AND -
Communication No. 312(b) - Gerald F. Ruch. Ruch & Williame - Re: Blairick Limited
and Contract R.C. 23/84 (as above . The communicat-~o-~on ~'~acusses the Provisions
of the City's Tendering Documents and suggests that a decision by Council to acce
a revised bid from Provincial Construction "violates the City's Tendering Docu-
ment8II.
The City Solicitor stated that the letter "speaks to the integrity of the
tendering system and urges Council to maintain" it. He further stated that
there "is no contract with Blairicks and Council has the jurisdiction to contract
with anyone it wishes". He advised that the recommendation to follow the pro-
cedure of the Tendering Documents "speaks to the tendering system,~not specific
legal points".
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Merrett, that the
communications be received and flied. It was further recommended that the report
be received and adopted. Carried Unanimousl .
Se_~_~law No. 84-221~
COMMUNICATIONS
No. 313 - Intern~~orcement Nra ara Falls - Re: 4th
Annual Tournament~~The communicatl0~
requests a Special Occasion Permit for the event·
- 3 -
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that
the request of the International Law Enforcement Slo-Pitch Tournament for a
special occasion permit for the fourth annual slo-pitch tournament to be held
on September 29th, 1984, at the Niagara Sports Complex on Montrose Road,
Niagara Falls, be approved subject to the approval of the Regional Police De-
partment, the Niagara Falls Fire Department, the Niagara District Health Unit,
and the Liquor Licensing Board of Ontario. Carried Unanimously.
No. 314 - Cataract Savings & Credit Union Limited - Re: "Credit Union Day" -
October 18th, 1984. The communication requests a Proclamation for the
specified date.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the request be approved subject to established policy. Carried Unanimously.
No. 315 - Niagara Falls Retail Pharmacists Association - Re: "Medicine Cabinet
Clean-Up Weeks" - October 15 to 28, ~ The communication requests a
Proclamation for the specified weeks.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the request be approved subject to established policy. Carried Unanimously.
REPORTS
No. 486 - Chief Administrative Officer - Re: The Buildings and Inspections
Department Report for August 1984. The report provides information regarding
Permits issued, Highlights, September Proposals and Classification of permits
for the month of August 1984.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that
the report be received and filed for the information of Council.
Carried Unanimously.
No. 487 - Chief Administrative Officer - Re: Renewal of Roofing at Niagara
Falls Memorial Arena. The report recommends that City Council approve of the
Low bid of $39,800.00 from Roger Rivette Roofing Ltd. of Stevensvllle for
re-roofing the Niagara Falls Memorial Arena.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 87.
See By-law No. 84-224.
No. 488 - Chief Administrative Officer - Re: Lyons Creek Road Sanitary Sewer -
Subsurface~nvestigation Report. The report recommends that Staff be author-
ized to engage the firm of Pete MacCallum Limited, at an approximate cost of
$8,000~ to undertake the subsurface investigation for the installation of
sanitary sewers on Lyons Creek Road.
ORDERED on.the motion of Alderman Merrett, seconded by Alderman Orr, that the
report he received and adopted. Carried Unanimously.
No. 489 - Chief Administrative Officer - Re: Contract R.C. 26/84 - Finished
Road Construction in Muunt Forest I1 Subdivision - Stage III. The report
recommend8 that the unit prices bid by the low tenderer, Hard Rock Paving
Company Limited, be accepted by Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett~ that
the report be received and adopted. Carried Unanimously.
See Resolution No. 88.
See Dy-law No. 84-222.
No. 490 - Chief Administrative Officer - Re: Contract R.C. 27/84 - Queen
Street Rsc~tion and Watermain Construction from River Road to Zimmerman
Avenue. The report recommends that the unit prices submitted by the iow
tenderer, Alfidome Construction Limited, be accepted by Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that
the report be received and adopted. Carrisd Unanimously.
See Resolution No. 89.
See By-law No.-~4--~.
-4-
No. 491 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $857,747.81 for the one week period
ending September 17th, 1984 be approved by the passing of the by-law appearing
later on the agenda.
Alderman Coville declared a conflict of interest on Cheque No. 02899 as
the person involved.
Alderman Hlnsperger declared a conflict of interest on Cheque No. 02764
because he is employed by the company.
Additional information was provlded for Cheque No. 02854.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the
report be received and adopted. The motion Carried wlth Aldermen Covllle, and
Hlnsperger, abstaining from the vote on Cheques No. 02899 and 02764 consecutively
on conflicts of interest previously recorded, and all others voting in favour.
No. 492 - Chief Administrative.Officer - Re: Encroachment - 4770 Buckley Avenue.
The report recommends that the application for the passing of a by-law to permit
the continuing of the encroachment of a building upon the Buckley Avenue road
allowance be approved, and the necessary by-law be enacted by Council.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously~
No. 493 - Chief Administrative Officer - Re: Surplus Regional Property. The
report recommends that the Regional Municipality of Niagara be informed that
the City of Niagara Falls is not interested in acquiring all of Lot 224, Plan
N.S. 42, or a one foot reserve AND that the Region be thanked for providing
the Municipality the opportunity to purchase it.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 494 - Chief Administrative Officer - Re: Restricting Weight of Vehicles
over Bridges. The report recommends that the By-law appearing later on the
agenda to restrict the weight of vehicles passing over bridges on Willodell,
Conder and Miller Roads be passed AND that this report be received and filed.
ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
See ~y-law No. 84-225.
No. 495 - Chief Administrative Officer - Re: Pine. Tree Village Mobile Nome
Park - condition of roadways. The report advises of the communication of Mr.
Joseph Joy, 2175 Mewburn Road in connection with the condition of the above
mentioned roadways, and further advises that improvements have been made.
Mr. Joy was present at the meeting and expressed his appreciation of the
improvements made to the roadways.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Keighan, that
the report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 87 - CUMMINGS -KERRIO ~ RESOLVED that the unit prices submitt6d by Roger
Rivette Roofing Ltd. of Stevensville for renewal of roofing at the Niagara Falls
Memorial Arena, at the low tendered amount of $39,800.00, be accepted; AND the
Sga! of the Corporation be hereto affixed.
Carried~
No. 88 - CUMMINGS = MERRET__T - RESOLVED that the unit prices submitted by Hard'
Rock Paving Company Limited for Contract R.C. 26/84 - finished road construction
in Mount Forest II Subdivision - Stage III, be accepted at .the low tendered
amount of $40,316.00; AND the Seal of the Corporation be hereto affixed.
Carrie~dUnani~
-5 -
No. 89 - CUMMINGS - COVILLE - RESOLVED that the unit prices submitted by
Alfidome Construction Limited for Contract R.C. 27/84 - Queen Street recon-
struction and watermain construction from River Road to Zimmerman Avenue, be
accepted at the low tendered amount of $92,918.80; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cheesman,
that leave be granted to introduce the following by-laws and the by-laws be
read a first time:
No. 84-220 - A by-law to amend By-law No. 79-200, as amended.
(Pt. Twp. Lot 92, former Twp. of Stamford, Pt. Lot 1, R.P. 172).
No. 84-221 - A by-law to authorize the execution of an agreement with Provincial
Construction (Niagara Falls) Limited for road reconstruction and
storm sewer installation.
No.. 84-222 - A by-law to authorize the execution of an agreement with Hard-Rock
Paving Company Limited for finished road construction in Mount
Forest II Subdivision.
No. 84-223 - A by-law to authorize the execution of an agreement with Alfidome
Construction Limited for the reconstruction of Queen Street from
River Road to Zimmerman Avenue.
No. 84-224 - A by-law to authorize an agreement with Roger Rivette Roofing Inc.
No. 84-22~5 - A by-law restricting the weight of vehicles passing over certain
bridges.
No. 84-22______.__~6 - A by-law to provide monies for general purposes.
The motion Carried wi th Aldermen Coville, and Hinsperger abstaining from the
vote on By-law No. 84-226, on conflicts of interest previously recorded in
Report No. 491, and all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that
the following by-laws be now read a second and third time:
No. 84-22________~0 . A by-law to amend Byilaw No. 79-200,.'as amended.
No. 84-221 - A by-law to authorize the execution of an agreement with Provincial
Construction (Niagara Palls) Limited for road reconstruction and
~ - storm sewer installation.
No. 8~%~2 , A~-I~ to au~horize the execution of an agreement with Hard-Rock
Paving Co~m~any Limited for finished road construction in Mount
Fbrent II Subdivision.
No. 84-223 . A by-law to authorize the execution of an agreement with Alftdome
------_____
Construction Limited for the reconstruction of Queen Street from
River Road to Zlmmerman Avenue.
No. 84-224 . A by-law to authorize an agreement with Roger Rtvette Roofing Inc.
No. 84-225 - A by-law restricting the weight of vehicles passing over certain
bridges.
No. 84-226 . A by-law to provide monies for general purposes.
~he motion Carried with Aldermen Coville, and Hlnsperger abstaining from the
Vote on By-la--~-~o. 84.226, on conflicts of interest previously recorded, and
all others voting in favour.
- 6 - - THIRTY-SECOND MEETING
NEW BUSINESS
ASSOCIATION OF MUNICIPALITIES OF ONTARIO (A.M.O.) CONVENTION
Alderman Chessman referred to his attendance at the Annual A.M.O. Conference
which took place at the Royal York Hotel in Toronto from August 19th to 22nd,
1984. He further referred to a Provincial Program entitled "Convert to Rent".
ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the
"Convert to Rent Program" be referred to the Planning Department and C.A.I.P.
for consideration and involvement. Carried Unanimously.
Alderman Cheesman discussed the valuable contribution of women at the
Conference, the revision of the Fire Departments Act, the Youth Corps Program
Systems, Tax Sale legislation, and a Provincial proposal to integrate Family
Benefits Allowance and General Welfare Assistance Programs.
CHAMBER OF COMMERCE MEETING
Alderman Cummings referred to a proposed meeting between members of Council
and the Chamber of Commerce to be held Tuesday, September 18, 1984 at 7:30 p.m.
in the Council Chambers. A discussion ensued with regard to whether the meeting
would be an open or closed session. His Worship Mayor Smeaton advised that the
meeting had been arranged at the request of the Chamber of Commerce.
GARNER ROAD/LUNDY'S LANE INTERSECTION
Mr. Joseph Joy, 8988 Lundy's Lane, expressed his concerns to Council in
connection with the intersection of Garner Road and Lundy's Lane. He stated
that several accidents with loss of life had taken place at the intersection.
His Worship Mayor Smeaton indicated that a report had previously been requested
from the Region regarding this situation, and asked Regional Councillor Ed
Sherar to investigate and report on the matter.
APPRECIATION TO ALDERPt~NMERRETT
Mayor Smeaton expressed appreciation to Alderman Merrett who had acted on
his behalf during the past week during which time Mayor Smeaton had attended an
Emergency Planning Conference for Elected Mayors and Officials at Arnprior,
Ontario. He advised that a report.on the Conference would be forthcoming.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings,
that the meeting adjourn. Carried Unanimously.
. R~D,
Committee Room #1
September 24, 1984
COMMITTEE OF THE WHOLE
Council met on Monday, September 24th, 1984 at 7:00 p.m. in Committee of
the Whole. Ail members of Council were present. Alderman Chessman presided as
Chairman.
Following consideration of the item presented the Committee of the Whole
arose without reporting.
READ
CLERK
REGULAR MEETING
Council Chambers
September 24, 1984
Council met on Monday, September 24th, 1984 at 7:30 p.m. for the purpose
of considering general business. All members of Council were present. His
Worship Mayor Smeaton presided as Chairman. Alderman Orr offered the Opening
Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hlnsperger, that the minutes of the meeting held September 17th, 1984, be
adopted as printed. Carried Unanimously.
UNFINISHED BUSINESS
RAGWEED POLLUTION CONTROL -
REPOR.____.T OF CHIEF ADMINISTRATIVE OFFICER
Report No. 496 - Chief Administrative Officer - Re: Ragweed Pollution Control.
The report discusses the presention by Mr. Malcolm Gibson on August 13th, re-
garding the aforementioned; reviews the City's responsibility of enforcing
the Weed COntrol Act of Ontario as well as actions taken by the City; reviews
actions taken by the Regional Municipality of Niagara to control weeds;
advises that the City intends to set up test areas; and recommends that the
report be received and filed.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr~ that the
report be received and adopted. Carried Unanimously~
STOP SIGNS ON McRAE STREET AT SLATER AVENUE -
REPORT OF CHIEF ADMINISTRATIVE OFFICER
Report No. 497 - Chief Administrative Officer - Re: Stop Signs on McRae Street
at Slater Avenue. Th'----~-report recommends the following:
1) that the stop signs on McRae Street at Slater Avenue be removed on
October let, 1984;
2) that no additional stop signs be placed on McRae Street at thls time, and
3) pending, inclusion of warrants for multi-way stop signs in the manual
of Uniform Traffic Control Devices for Ontarto, that each request for this
type of control be examined by the Municipal Parking and Traffic Committee.
Mr. Phillip Roberto, 5238 Ottawa Avenue, and Mr. Ronald Dandy, 4962 McRae
Street, participated in the discussion that followed resardin$ a meeting held
earlier on this date to consider the matter. They expressed the belief that
.2
,!
the stop sign at McRae Street and Slater Avenue, as well as additional stop
signs at intersections on McRae Street would reduce the speed of traffic on
McRae Street.
A lengthy discussion was held in connection with the problem. The
Traffic & Construction Engineer discussed the information contained in the
report, and expressed the view that the recommendations were valid. However,
he referred to the aforementioned meeting, to the request of the residents
for stop signs, and advised that Staff might continue to monitor the situation.
It was pointed out that a feedback assessment would recognize problems as they
occurred.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that
approval be granted to maintain the stop sign at' McRae Street and Slater
Avenue,~ and the by-law in connection with the aforementioned stop sign be approved.
Carried Unanimously.
Following f~rther discussion it was moved by Alderman Merrett, seconded
by Alderman Cummings, that the Regional Municipality of Niagara be approached
for approval of additional stop signs at the corners of McRae Street and Second
Avenue, and McRae Street and Fourth Avenue, and the by-law be passed. It was
further recommended that the third reoommendation in Report No. 497 be adopted.
The motion Carried with the following vote:
AYE: Aldermen Baker, Chessman, Cummings, Hinsperger, Keighan, Kerrio, Merrett,
Orr, Puttick, and Somerville.
NAYE: Aldermen Coville, and Janvary.
See By-law No. 84-232,
and By-law No. 84-233.
SIDEWALK IN DELL PARK EXTENSION SUBDIVISION -
REPORT OF MUNICIPAL WORKS COI~ITTEE
Report No. 498 - Municipal Works Committee - Re: Request of Mrs. J. Wallace to
Delete the Sidewalk in the Dell Park Extension Subdivision. The report
recommends that the subdivision policy be adhered to, and that sidewalks remain
a requirement in the Dell Park Extension Subdivision. The Director of Municipal
Works reviewed the information contained in the report with respect to the
Declaration of Policy for Development of Subdivisions.
Mr. and Mrs. James Wallace, and Mr. Widema, owners of the subject lots
were in attendance at the meeting, and advised that the ~idewalk was not
desired by persons interested in purchasing the lots.
Following a discussion regarding the aesthetic and practical value of a
sidewalk in the cul-de-sac, as well as the policy concerning the matter, it
was moved by Alderman Chessman, aeconded by Alderman Orr, that the report be
received and adopted. The motion Carried with the following vote:
AYE: Aldermen Baker, Chessman, Coville, Cummings, Hinsperger, Keighan, Merrett,
Orr, and Somerville.
NAYE: Aldermen Kerrio, and Puttick.
APPOINTMENT TO NIA.~GARA COLLEGE - BOARD OF GOVERNORS
The City Clerk referred to the former request of the Ontario Council of
Regents for Colleges of Applied Arts and Technology dated June 25, 1984,
that Council submit the names of three nominees for appointmen~ of a member
to the Board of Governors of Niagara College. He referred further to Report
No. 449 which had been submitted to Council on September 10, 1984 including
the names of applicants, and recommending the selection of three nominees.
On September 10th, the nominees chosen were Mr. Kenneth W. Heaelip, Mrs.
Lorraine Savriga, and Mary Ann Toomath-Seppala, with Mrs. Savrisa receiving
the majority of votes. At the direction of Council, M~s. Savriga's name
was submitted fqr consideration.
The Clerk discussed subsequent contacts he had received from the Ontario
Council, and from Niagara College with a request for another two nominees.
-3 -
A discussion followed regarding the ? year appoil~tment to the Board,
the list of names available to the Ontario Council for appointment to the
Board, and the procedure being followed by the City.
Alderman Orr declared a conflict of interest because she is employed by
Niagara College.
Following further discussion it was moved by Alderman Kerrio, seconded
by Alderman Merrett, that the names of Mr. Kenneth W. Heasltp and Mrs. Mary
Ann Toomath-Seppala be submitted as additional nominees, with the informa-
tion that Mrs. Lorraine Savriga was the choice of the Council.
The motion Carrie~d with Alderman Orr abstaining on a conflict of interest
previously recorded, and the following vote:
AYE: Aldermen Baker, Chessman, Covllle, Cummings, Hinsperger, 3anvary,
Keighan, Kerrio~ Merrett, and Somerville.
NAYE: Alderman Puttick.
FLOODING COMPLAINT - MRS. L. LOPERS -
REPORT OF CHIEF ADMINISTRATIVE OFFICER
Report No. 499 - Chief Administrative Officer - Re: Flooding Complaint of
Mrs. L. Lopers, 4634 Baldwin Avenue. The report advises that the problem has
been discussed with Mrs. Lopers who has expressed the wish that Staff defer
any action until the Spring of 1985. The report recommends that the informa-
tion be received and filed.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Janvary, that
the report be received and filed. Carried Unanimously.
COMMUNICATIONS
No. 316 - Mrs. Alice McAndrew - Re: Non-Profit Housing Application. The
communication refers to the petition from residents of Britannia Crescent
advising that the proposed changes in respect to the aforementioned applica-
tion are not acceptable, and suggested that lot frontage, rear yard depth,
the existing chain link fence rdmsin, with the addition of a board fence; and
the walkway at the end of Britannia Crescent be closed permanently.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the
communication be received and referred to the Planning & Development Department
for consideration. Carried Unanimously.
No. 317 - Regional Niagara Tourist Council - Re: Niagara's Seasons. The
communication requests financial assistance to help offset the cost of printing
the Niagara's Seasons.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger,
that the communication be received and referred to the Finance Committee for
consideration. Carried Unanimously.
No. 318 . Reda1 Niagara Public Works Department - Re: Delineator installation.
The communication discusses the installation of delineators at the edge of side-
walk recently constructed in the vicinity of the westerly intersection of
Niagara Road 59 (Morrieon Street) and Niagara Road 108 (Portage Road);
outlines the practical problems in connection with snowplowing and maintenance
costs; and advises that the use of road edge markers or delineators for such
purposes cannot be supported.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the
communication be received and filed. Carried Unanimously.
No. 319(a)~Erie Real Estate Association - Re: "Private
Property Week" .~ T ~c~, ~8~. ~ee c~unication requests
a proclamation for the aforementioned.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that
the communication be received and the request approved subject to established
policy. Carried Unanimously,
No. 319(b)F__~ily ~ Chtldren,s Services of Niagar9 Region - Re: "Foster Parent
ApPreciation Week" - October 1- - 1 , 1~4~ The ~cation reque~.ts a
proclamation for the aforementioned.
-4 -
ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that
the communication be received and the request approved subject to established
policy. Carried Unanimously.
No. 320 - Marilyn Poffley - Re: Rally for Capital Punishment - September 29,
1984. The communication discusses a proposal to hold the above mentioned
Rally in front of City Hall, and requests permission to hold the event.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that
permission be granted. Carried Unanimously.
REPORTS
No. 500 - Chief Administrative Officer - Re: Christmas Holiday Period. The
report provides information regarding Christmas holidays to be observed by
City employees, and recommends that the information be received for the in-
formation of Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that
the report be received and adopted. Carried Unanimously.
No. 501 - Chief Administrative Officer - Re: Ontario Good Roads Association -
Micro Computer Course. The report recommends that the Corporation not
participate in the Micro Computer Course, at this time, and the City Clerk so
notify the Ontario Good Roads Association.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that
the report be received and adopted. Carried Unanimously.
No. 502 - Chief Administrative Officer - Re: Request for Draft Plan Extension
to the Rainbow Gardens Subdivision, 26T-74143. The report recommends that a
Council resolution be adopted supporting the subdivider'e request for a further
one year extension to the Rainbow Gardens Plan of Subdivision and the Ministry
of Municipal Affairs & Rousing be advised accordingly.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that
report be received and adopted. Carried Unanimously.
See Resolution No. 90.
No. 503 - Chief Administrative Officer - Re: Membership on City of Niagara
Falls Municipal Non-Profit Corporation. The report recommends that Mr. Anthony
(Tony) Fera be appointed as a Director of the City of Niagara Falls Municipal
Non-Profit Corporation.
ORDERED on the motion of Alderman Orr, seconded by Alderman Covtlle, that the
report be received and adopted. Carried Unanimously.
No. 504 - Chief Administrative Officer - Re: Ministry of Environment -
Municipal Environmental Planning Series. The report recommends that the
attached Advisory Publication and all subsequent issues be retained for
formation.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that
the report be received 'and adopted. Carried Unanimously.
No. 505 - Man-A-Mile Committee - Re: Annual Man-A-Mile Relay Race.- The report
provides information regarding the aforementioned Race scheduled for October
1984, and requests approval of the event.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the
report be received and the request approved. Carried Unanimously~
No. 506 - Chief Administrative Officer - Re: Contract W.I. 25/84 - Watermain
'Installation on Mountain Road from Olden Avenue to Mewburn Road; AND
Mewburn Road from Mountain Road to Scholfteld Road. The report recommends
that the unit prices submitted by 499168 Ontario Inc. O/A Taurus Construction
& Marine, for Contract'W.t. 25/84, be accepted by Council and this contract be
awarded sub, ject to receipt of the O.M.B. approval.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Keighan, that
the report be received and adopted. Carried Unanimousl .
See Resolution No. 91.
- See ~y-law Mo.
.
-5 -
No. 507 - Chief Administrative Officer - Re: Contract R.C. 28/84 - Road
Reconstruction on Main Street from Murray Street to Stanley Avenue ~ Stage II;
AND Storm Sewer Installation on Murray Street from Finlay Avenue to Main Street.
The report recommends that the unit prices submitted by the low tenderer, Steed
& Evans Ltd., for Contract R.C. 28/84, be accepted by City Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 92.
See By-law No. 84-227.
No. 508 - Municipal Works Committee - Re: Reports of the Municipal Works
Committee. The report recommends the following:
1) 8 Month ~eport on Sewage Flows - January to August, 1984 -
- that the 8 month advisory report on sewage flows January to August, 1984
be received and filed and that Staff provide a five year sewage flow
report from 1979 to 1984, to the next Municipal Works Committee meeting;
2) Shady Rest Motel, 4009 River Road -
- that approva! be granted to the request from the Shady Rest Motel to
place a retaining wall along the property line between the motel and
Glenview Park subject to the owners entering into an indemnifying
agreement.
ORDERED on the motion of Alderman Orr, seconded by Alderman Coville,
that the report be received and adopted. Carried Unanimously.
No. 509 - Chief Administrative Officer - Re: Co-operative Tender - Sodium
Chlortde (Sal--~-~. The report recommends that the tender be awarded to the low
bidder, Canadian Salt Company Ltd., at a cost of $26.78 per tonne for bulk
Sodium Chloride and $3.86 per 40 kilogram bag.
The City Treasurer agreed to provide further information to Alderman
Janvary with respect to the cost for the past year.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett,
that the report be received and adopted. Carried Unanimously.
See Resolution No. 93.
No. 510 ? Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $7,174,868.87 for the one week period
ending September 24th, 1984, be approved by the passing of the by-law appear-
ing later on the agenda.
Alderman Cheesman declared a conflict of interest on Cheque No. 03003
because he is.employed by the Board.
Alderman' Cummings declared a conflict of interest on Cheque No. 02939
because he is employed by the Company.
Alderman Hinsperger declared a conflict of interest on Cheque No. 02944
because he is employed by the Company.
Alderman Merrett declared a conflict of interest on Cheque No. 03003
because his wife is employed by the Board.
Additional information was provided for Cheques No. 02929 and 02936.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that
the report be received and adopted. The motion Carried with Aldermen Chessman,
Cummings, Rlnsperger, and Merrett abstaining from the vote on conflicts of
Interest previously recorded, for Cheques No. 03003, 02939, 02944 and 03003,
consecutively, and all others voting in favour.
No. 511 . Chief Administrative Officer - Re: Appointment to Board of Mueeams.
The report recommends that Mr. Ray Wilson be appointed as a member of the Board
-6 -
of Museums to complete the term of Mr. Ted Lees who resigned because of ill
health.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Htnsperger,
that the report be received add adopted. Carried Unanimously.
RESOLUTIONS
No. 90 - ORR - HINSPERGER - RESOLVED that the Council of the City of Niagara
Falls supports a further one year extension of draft plan approval for the
Rainbow Gardens Plan of Subdivision (File No. 26T-74143), and that the Ministry
of Municipal Affairs and Housing be so advised; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously.
No. 91 - CHEESMAN - KEIGHAN - RESOLVED that the unit prices submitted by
499168 Ontario Inc. O/A Taurus Construction & Marine, for Contract W.I. 25/84,
be accepted at the low tendered amount of $90,313.46; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously.
No. 92 - CUI~qINGS - ORR - RESOLVED that the unit prices submitted by Steed &
Evans Ltd. for Contract R.C. 28/84, be accepted at the low tendered amount of
$238,022.18; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 93 - CUMMINGS - MERRETT - RESOLVED that the unit prices submitted by
Canadian Salt Company Ltd., for Sodium Chloride (Salt), at the low tendered
amount of $26.78 per tonne and $3.86 per'40 Kilogram bag, be accepted; AND
the Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Coville, that
leave be granted to introduce the following by-laws.and the by-laws be read a
first time:
No. 84-227
No. 84-228
- A by-law to authorize the execution of an agreement with Steed
and Evans Limited for road reconstruction a~d storm sewer instal-
lation.
- A by-law to authorize the execution of an agreement with 499168
Ontario Inc., carrying on business as Taurus Construction &Marine
for watermain installation.
No. 84-229 - A by-law to amend By-law No. 79-200, as amended.
(Pt. Lot 3, R.P. 653).
No. 84-230 - A by-law to provide monies for general purposes.
No. 84-231 - A by-law to designate areas of land in the City of Niagara Falls
as site plan control areas. (Ellen Ave. & Ferry St.).
No. 84-232
No. 84-233
A by-law to amend By-law No. 7531, being a by-law to provide for
the erection of stop signs at intersections. (McRa~st. & Sister
Ave.)
A by-law to amend By-law No. 7531, belng a by-law to provide for
the erection of etop signs at intereections.
(McRse Street at Fourth and Second Avenues).
The motion Carried with Aldermen Cheesman, Cummings, Hinsperger, and Merrett
abstaining from the vote on By-law No. 84-230, on conflicts of interest pre-
Viously.recorded:in Report No. 5101 Aldermen GorilLa-and Jpnvary Voting.contrail
on, By-laws No, 84-232 and 84-233; and'all-others voting in favour.
- 7 -
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that
the following by-laws be now read a second and third time:
No. 84-227 - A by-law to authorize the execution of an agreement with Steed
and Evans Limited for road reconstruction and storm sewer instal-
lation.
No. 84-228 - A by-law to authorize the execution of an agreement w£th 499168
Ontario Inc., carrying on business as Taurus Construction & Marine
for watermain installation.
No. 84-229 - A by-law to amend By-law No. 79-200, as amended.
No. 84-230 - A by-law to provide monies for general purposes.
No. 84-231 - A by-law to designate areas of land in the City of Niagara Falls
as site plan control areas.
No. 84-232 - A bM-law to amend By-law No. 7531, being a by-law to provide for
the erection of stop signs at intersections.
No. 84-233 - A by-law to amend By-law No. 7531, being a by-law to provide for
the erection of stop signs at intersections.
The motion Carried with Aldermen Cheesman, Cummings, Hinsperger, and Merrett,
abstaining from the vote on By-law No. 84-230 on conflicts of interest previously
recorded; Aldermen Coville and Janvary voting contrary on By-laws No. 84-232
and 84-233; and all others voting in favour.
NEW BUSINESS
~EETINGS - BOARD OF MUSEUMS
Alderman Puttick referred to the minutes of a recent meeting of the Board
~f Museums, which indicated that there had not been representation from the
City of Niagara Falls. He advised that he had not been made aware of the need
for'~ls ~ '~
presenCe'at the meeting as an alternate representative of Council.
Mayor Smeaton offered to follow-up on this matter.
MARKET VALUE ASSESSMENT
Alderman Cummings referred to a recent news item which indicated that
the Honourable Dud Gregory, Minister of Revenue, had given direction to the
City of Scarborough that Market Value Assessment should not be introduced
unless all areas of Metropolitan Toronto agreed to participate. He
requested further information concerning this matter.
VACANCYON RECREATION CO~ISSION
Alderman Cummings advised that due to the death of a Recreation Commission
member a vacancy had occurred on the Commission. He requested a report at the
next meeting of City Council with respect to the method of replacing represent-
atives on Commissions.
C__ONGRATULATIONS __ 25TH ANNIVERSARY
Alderman Cummings offered congratulations to Alderman and Mrs. Puttick on
the Occasion of their 25th Anniversary today.
~AMO MEMORANDUM . DAY CARE
Alderman Cheesman referred to the above meetioned Information for Council
item which included proceedings from the Day Care Seminar held in Toronto on
June 14th, 1984.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that
the matter he referred to the Social Planning Council for comments, particularly
with respect to various political parties at the Federal and Provincial levels,
the study to be undertaken early in 1985. Carried Unanimously,.
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HUMANE SOCIETY AGREEMENT
Alderman Covllle requested information with respect to the Humane Society
Agreement. The Chief Administrative Officer advised that a meeting had been
scheduled between the City Solicitor, the Humane Society Solicitor, and himself
to discuss the matter and that recommendations would be submitted to Council.
TREE REPLACEMENT - THOROLD STONE ROAD
Alderman Janvary requested a report from the Director of Mumicipal Works
regarding the replacement,of trees which had been removed from the Thorold
Stone Road.
ARENAS CONVENTION 1986
His Worship Mayor Smeaton expressed appreciation to Alderman Puttick for
his successful efforts to arrange for the 1986 Convention of the Ontario Arenas
Association in Niagara Falls.
PROVINCIAL/CITY CONCERNS
Mayor ~meaton advised of his meeting in Toronto with the Honourable Dennis
Tlmbrell, Minister of Agriculture & Food, and with Mr. John Holer, for a dis-
cussion of matters of mutual concern. A discussion followed regarding applica-
tions received by the City for tax relief under Section 363 of the Municipal
Act.
It was moved by Alderman Curanings, seconded by Alderman M~rrett, that the
meeting adjourn. Carried Unanimously.
~TED · · ·
THIRTY-THIRD MEETING
REGULAR MEETING
Council Chambers
October 1, 1984
Council met on Monday, October 1st, 1984 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman Orr. His Worship Mayor Smeaton presided as Chairman.
Alderman Puttick offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker,
that the minutes of the meeting held September 24th, 1984, be adopted as
printed. Carried Unanimously~
DEPUTATION
MRS. GLORIA JILL LARRABEE . DR. VASIC TESTIMONIAL
Mrs. Larrabee, 4561 Fifth Avenue, presented a fervent address to Council
on behalf of Dr. Vladimir Vasic who had previously submitted a zoning amendment
application to Council for a professional office building and parking on the
west side of Portage Road between Prospect Street and Britannia Crescent. She
discussed medical problems which had been resolved by Dr. Vasic, and stated
that the present parking facilities were sufficient.
UNFINISHED BUSINESS
VACANCY ON RECREATION COMMISSION -
REPORT OF CHIEF ADMINISTRATIVE OFFICER
Report No. 512 - Chief Administrative Officer - Re: Vacancy on Recreation
Commission. The report recommends that the vacancy on the Reacreation Commission
created by the death of George MacPhail be filled at the end of this year at the
same time aa appointments to various Boards and Commissions are considered.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. ~Carried Unanimously.
TRAVELLERS CHEQUE ENCASHMENT FEES -
CO~MMUNICATION FROM BANK OF MONTREAL
Communication No. 321(a)Bank of Montreal - Re: Encashment fees for Travellers
Cheques. The communication discusses the policy of the Bank regarding the
aforementioned fee as compensation for its services, and refers to travellers
cheque encashment fees in other countries.
- AND .
Communication No. 321(b)Ministry of Consumer & Commercial Relations - Re: Fee
for cashing Travellers Cheques. The communication suggests that the above
mentioned issue should be referred to the Inspector General of Banks, Department
of Finance, Ottawa. '
ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that
the communications be received and filed, and further, that the information be
forwarded to the Inspector General of Banks, Department of Finance~ Ottawa~
for consideration. Carried Unanimousl .
COI~UNICATIONS
No. 322 . Clifton Hill Business Im~mtttee - Re: Business Improve-
ment Area.~nication requests the approval of Council to designate
the Clifton Hill area from Falls Avenue to Victoria Avenue, and including
Oneida Lane~ as a Business Improvement Area.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that
the communication be received and the request approved in principle, and
referred to Staff. Carried Unanimously.
-2-
No. 323 - City of Guelph - Re: Arbitration Awards. The communication expresses
concern over an arbitration award giving jail guards and other employees of
correctional institutions a 7.5% increase and requests endorsation of a letter
to Honourable William G. Davis, Premier of Ontario, opposing the procedure.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Janvary, that
the communication be received and the request endorsed. Carried Unanimously.
No. 324 - Regional Niagara Public Works Department - Re: Water/Sewage Flows
by Municipality. The communication attaches the aforementioned report for
the month of August 1984.
ORDERED on the motion of Alderman Baker, seconded by Alderman Cheesman, that
the communication be received and filed. Carried Unanimously.
No. 325 - Alan A. Kelso, Tournament CO-Chairman - Re: 8th Annual A1 Reid
Memorial Hockey Tournament - January 17th to 20th, 1985. The communication
requests a Special Occasion Permit for the event.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that
the request of Alan N. Kelso, Tournament Co-Chairman for a special occasion
permit for the Eighth A1 Reid Memorial Oldtimere Hockey Tournament to be held
on January 17th, 18th, 19th, and 20th, 1985, at the Stamford Arena, on January
18th, and 19th~ 1985 at the Niagara Mouth Arena, and Niagara..Falls Memorial
Arena, be approved subject to the approval of the Regional Police Department,
the Niagara Falls Fire Department, the Niagara District Health Unit, and the
Liquor Licensing Board of Ontario. Carried Unanimously.
REPORTS
No. 513 - Chief Administrative Officer - Re: Laneway - Di Cosimo. The
report recommends that the proposal of Mr. V. Di Cosimo respecting the sale of
the laneway off Ferguson Avenue be accepted, AND, that this report be received
and filed.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that
the report be received and adopted. Carried Unanimously.
No. 514 - Downtown Revitalization Steering Committee.- Re: Invitation to the
Queen Street/River Road Redevelopment Project Ground Breaking Ceremony. The
report advises of the above mentioned ceremony, scheduled for October 3rd, 1984
at 5:00 p.m. and of the reception in City Hall, Committee Rooms 2 and 3 after
the ceremony, and attaches an Invitation.
ORDERED on the motion of Alderman Cummings, seconded by A~derman Kerrio, that
the report be received and filed. Carried Unanimously.
No. 515 - Chief Administrative Officer - Re: Refrigeration Compressors. The
report recommends that approval be given to purchase two (2) used refrigeration
compressors from Ctmco Limited, Refrigeration Division of Toromont Industries
Limited, 65 Villiers Street, Toronto, Ontario, MSA lB2, for $5,000.00.
During the brief discussion on this matter, Alderman Merrett requested
that the sign at the front of the Stamford Arena be painted.this week.
ORDERED on the motion of Alderman Coville, seconded by Alderman Hinaperger~
that the report be received and adopted. Carried Unanimously.
No. 516 - Chief Administrative Officer - Re: 1985 M.T.C. & MOE/MEA Training
Courses. The report recommends that ten (10) members of Staff be 9uthortzed to
attend training courses sponsored by the M.T.C. and the MOE/MEA.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
No. 517 - Chief Administrative Officer - Re: Oakes Park Baseball Diamond Stands.
The report recommends as follows:
1) that authorization be granted to call tenders for demolition of the existing
stands;'
2) that authorization be granted to proceed with the design of replacement
.stands that are comparable to the existing etands;
3)- that Acres Consulting Services Limited be engaged to undertake the design
and contract administration services for the replacement stands.
Alderman Cummings declared a conflict of interest as an employee of the
company involved.
- 3 -
It was suggested that an Alderman should also sit on the Technical Review
Committee and Alderman Janvary offered to act in this capacity.
During the discussion it was noted that the matter should be considered by
the Finance Committee, and that the interested groups and Council would be kept
informed.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the report be received and adopted. It was further recommended that
Alderman Janvary be included in the Technical Review Committee. The motion
Carried with Alderman Cummings abstaining from the vote on a conflict of
interest previously recorded, and all others voting in favour.
No. 518 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $181,056.97 for the one week period
ending October 1st, 1984, be approved by the passing of the by-law appearing
later on the agenda.
Alderman Hinsperger declared a conflict of interest on Cheque No. 03099
because he is employed by the company.
Alderman Cummings declared a conflict of interest on Cheque No. 03108
because a member of his family is involved in the program; and on Cheque
No. 03182 because he is a member of the Association.
Additional information was provided on Cheques No. 03121, 03194, and
03195.
During the discussion Alderman Cummings requested that the floor in the
Niagara Falls Memorial Arena be fixed. His Worship Mayor Smeaton advised
that the matter would be investigated and a report submitted on the matter.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville,
that the report be received and adopted. The motion Carried with Aldermen
Hinsperger, and Cummings, abstaining from the vote on conflicts of interest
previously recorded on Cheques No. 03099, 03108, and 03182 consecutively; and
all others voting in favour.
No. 519 - Mayor Smeaton - Re: Duty Free Shops. The report recommends that
Federal and Provincial representatives be asked for their assistance in having
their respective governments finalize an agreement to allow the location of
duty free shops established in the Province of Ontario.
Questions were raised during the discussion regarding the input of the
Municipality in connection with the location of the shops.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that
the report be received and adopted, and further, that a copy of the report be
forwarded to the Downtown'Revitalization Committee. Carried Unanimously.
RESOLUTIONS
No. 94 - ~U/~ilNGS - HINSPERGER - RESOLVED that the next week's Council meeting
be held on Tuesday, October 9th, 1984, as Monday, October 8th, 1984, is
Thanksgiving Day; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 95 . CHEESI~N - CUMMINGS - RESOLVED that a message of condolence be
forwarded' to the family of the late Mr. Durward B. S. Everett, a former
employee of the City of Niagara Falls, and well respected member of the
community; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAW
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings,
that leave be granted to introduce the following by-law and the by-law be
read a first time~
by-law to provide monies for general purposes·
· .4
4
~he motion Carried with Aldermen Cummings and Hinsperger abstaining from the
vote on conflicts of interest previously recorded in Report No. 518, and all
others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that
the following by-law be now read a second and third time:
No. 84-234 - A by-law to provide monies for general purposes.
The motion Carried with Aldermen Cummings and Hinsperger abstaining from the
vote on conflicts ~f interest previously recorded, and all others voting in
favour.
NEW BUSINESS
TRAFFIC SIGNALS - VICTORIA AVENUE AT JEPSON STREET
His Worship Mayor Smeaton referred to a handout communication from the
Regional Municipality of Niagara regarding the request for traffic signals on
Niagara Road 51 (Victoria Avenue) at Jepson Street. The communication advises
that following a traffic study it has been determined that the traffic signals
were not warranted at the aforementioned intersection; that a recommendation
has been made to remove the first parking stall on the west side of Victoria
Avenue immediately north of Jepson Street to increase visibility; that the
Regional Solicitor be directed to prepare the necessary by-law amendment; and
that the report would be presented to Regional Council for ratification on
October 4th, 1984.
Following a brief discussion it was moved by Alderman Merrett, seconded
by Alderman Chessman, that the Regional Municipality of Niagara be requested to
withhold action at the present time, until the Parking and Traffic Committee
has had an opportunity for further discussion on the matter.
Carried Unanimously.
NIAGARA FALLS HUMANE SOCIETY
Mr. Vincent Barbartno, 5751Hillcrest Crescent, was granted permission to
address Council on the motion of Alderman Cummings, seconded by Alderman Merrett·
Mr. Barbarino requested information regarding the purpose and activities of the
Niagara Falls Humane Society; referred to a recent accident on McLeod Road
near Drummond Road where a dog was hit by a car and the ~bctety had been called
a number of times; and further referred to an application he had made to become
a member of the Society without receiving a response.
Alderman Coville requested information with respect to the number of
applications for membership in the Soctety~ during the past two years, which
had been accepted or refused.
His Worship Mayor Smeaton advised that the matters of concern would be
investigated and a report submitted as soon as possible.
-5-
Niagara Falls, Canada, Visitor & Convention Bureau, promotion of tourism
through this group and individual businesses and industries, and referred to
the need for Seminar facilities in the City of Niagara Falls.
Alderman Cummings suggested that a member of Staff should attend conven-
tions and act on behalf of the City to promote the City of Niagara Falls as a
convention site.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman,
that the matter of the Niagara Falls Visitor & Convention Bureau 1984 grant
and 1985 proposal be referred to the Finance Committee for a review of
convention promotion and policies, together with a discussion of the diversion
of funds for direct or indirect participation in conventions.
Carried Unanimously.
GEORGE BUKATOR PARK - OFFICIAL OPENING
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings,
that an advertisement be placed in the local newspaper regarding the Official
Opening of George Bukator Park on October 12th, 1984, at 4:00 p.m., for
publicity purposes. Carried Unanimously.
It was moved by Alderman Hinsperger, seconded by Alderman Baker, that
the meeting adjourn.
READ~D,
MAGNETIZED SAFETY NETS
Alderman Hinsperger referred to the possibility of obtaining magnetized
safety nets for the Arenas, with the Minor Hockey Association shaming costs.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings,
that the matter of changing one set of safety nets for the magnetized variety
at each Arena, and an estimate of cost, be referred to Staff for investigation
and report. Carried Unanimously.
SCHEDULED MEETINGS
Alderman Coville discussed a recent newspaper item which referred to
non-attendance of the Council representative at scheduled meetings. She referred
to .the numerous meetings scheduled for the same evening and suggested the
possibility of changing the meeting date.
NIAGARA FALLS~ CANADA~ VISITOR & CONVENTION BUREAU
Alderman Vuttick initiated a discussion regarding the City grant to the
THIRTY-FOURTH MEETIN~
Committee Room #1
October 9, 1984
Council met on Tuesday, October 9th, 1984 at 7:00 p.m. in Committee of
the Whole. All members of Council were present with the exception of His
Worship Mayor Smeaton, and Aldermen Hinsperger and Puttick. Alderman Cummings
presided as Chairman.
Following consideration of the item presented the CoFmittee of the Whole
arose to report in open Council.
Council Chambers
October 9, 1984
Council met on Tuesday, October 9th, 1984 at 7:30 p.m. for the purpose of
considering Planning Matters and general business. Ail members of Council were
present with the exception of His Worship Mayor Smeaton, and Aldermen Hinsperger
and Puttick.
READ AND~,~D~TED,
PLANNING/REGULAR MEETIN~i
The City Clerk advised that His Worship Mayor Smeaton would be unavoidably
detained and requested a motion to appoint Alderman Cheesman as temporary
presiding officer.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
Alderman Cheesman be appointed temporary presiding officer. Carried Unanimously.
Alderman Coville offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan,
that the minutes of the meeting held October 1st, 1984, be adopted as printed.
Ca__rried Unanimously.
REPORTS - PLANNING MATTERS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker,
that Item No. 4 in this section of the Order of Business be brought forward.
Carried Unanimously.
No. 520 - (PD/8~/8~)~'-Ghief Administrative Officer . Re: AM-6/84 City of
Niagara Falls Non-profit Housing Corporation and information regarding a letter
of objection received to proposed zoning changes. The report makes the following
reco~nendations:
1) That Council receive and file this report for information;
2) That a copy of this report be forwarded to the objector.
ORDERED on the motion of Alderman Cummtngs~ seconded by Alderman Covtlle, that
the report be received and adopted. Carried Unanimously.
See By-laws No. 84.-240 & 84-241.
No. 521(a)(PD/84/84) _ Chief Administrative Officer - Re: AM-11/84 Zoning
~mendment Application. ' Applicant: River Realty Dev. Inc.; Agent: S. Branscombe;
LOcation: West eide of Montrose Road and south of Thorold Stone Road. The report
reco,~ends that the application be approved subject to the conditions contained in
the report.
No. 521(b) _ Chief Administrative Officer - Re: Proposed plan of subdivlslon~
"Wsstway Estatesu revised, File No. 26T-25013, Owner: River Realty Development
(1976) Inc.
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The report recommends that Council give preliminary approval to the
revised Plan of Subdivision known as "Westway Estates", subject to the various
conditions imposed by City Staff, as enumerated in this Report, such conditions
to replace the conditions imposed on the original plan submitted in 1974.
- AND-
Communication No. 326(a)Residents of Thorold Stone Acres Subdivision - Re:
A Petition opposing the Zoning Amendment Application. The con~nunication
expresses opposition to the proposed lot frontages and areas, and reduced size of
buildings, which would affect property values in the present subdivision, detract
"potential buyers" of the homes, and adversely affect the lifestyle of current
homeowners through increased noise level, and traffic.
- AND.
Cgmmunt~ation No. 326(b)Clyde Wicks - Re: Proposed Westway Subdivision. The
commune%at"ion e~p~sW~ concern regarding the above mentioned proposal because
of the danger of increased traffic to children in the area, the size of lots,
streets and sidewalks, and requesta Council not to allow the development in
the area.
Alderman Cheesman, the Presiding Officer, advised that the next item on the
Agenda was the holding of a Public Meeting to consider a proposed amendment to
the zoning by-law.
The City Clerk explained that the purpose of the p~oposed zoning amendment
application was to permit the subdivision of land having smaller single family
lots and regulations than the current single family zoning permits, as well as
alterations to lands presently zoned to permit an apartment or townhousing dev-
elopment or a combination of both uses, in terms of densities of units~ as
outlined in the Technical Report.
Mr. J. Broderick, Solicitor, indicated that he was'present to speak to,
the application.
The Clerk advised that Notices of the Public Meeting had been forwarded
by first class mall on August 31st, 1984.
Alderman Chessman requested that persons present who wished to receive
further notice of the ~assing of the by-law should leave names and addresses
with the Clerk prior to leaving the meeting. Ne explained the procedure of
the meeting under the New Planning Act.
In response to the request of the Presiding Officer, the Senior Planner
explained the purpose and reason for the proposed by-law amendment with the
assistance of a sketch and maps posted in connection with Westway Subdivision.
He demonstratedth~ subject area and explained the historical data provided
In the Technical Report. The Senior Planner discussed the Northwest Community
Secondary Plan, the street systems in the area, and problems caused by cul-de-
sacs. He referred to the required revisions in the original draft plan to
east/west street systems developed for energy savings, and discussed the
variety of lot sizes in particular subdivisions, affordabtlity of housing units
and higher density of development. The Sr. Planner referred..to changes made.....'
in the original draft plan to provide a more aesthetic approach, and to the
conditions contained in the report.
Alderman Cheesman received a negative response to a request for persons
present, other than the applicant or agent, who were in support of the by-law.
He requested comments from persons opposed to the application.
Mr. George Warden, 8024 Thorton Street; Mr. Tim McMahon, 4080 Brookdale
Drive; Mr. Doug Halliday, 8015 Thorton Street; Mr. John Lacrotx, 8165 Niven
Street; Mr. Alan Booth, 4234 Brookdale Drive; Miss Mary Hall, 7788 Thorold'
Stone Road; Mrs. Diane Davies, 7702 Thorold Stone Road; Mrs. Nancy White,
4074 BrookdaIe Drive; Mr. Tom Douglas, 8147 Michael Street; Mr. Paul Bechard,
7953 Michael Street, and other residents indicated their presence at the meet-
ing and expressed their concerns mmd,,.oPpeaed'.;th~.a~efidment in terms of the
following: apparent inconsistencies in the Technical Report, low density vs~
medium density, lot Sizes, non-conformity of Westway Subdivision with the
Northwest Community Secondary Plan because of the density, social living
environment associated with cempact forms of housing, the unavailability of
playground areas and parklands,'lmpost fees paid for parklands, s~ze. of the
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rear yards in the proposed subdivision, frontage in the existing subdivision on
Thorold Stone Road which had been appropriated, the proposed apartment building,
community,decreased property values of existing housing, and the desire for an homogenous
The Senior Planner explained the revised plan and replied to questions
raised by the aforementioned concerned citizens. He discussed the lot sizes
and medium density, as well as the widened road for increased vehicular
traffic from the present subdivision, and the consistency with the present
subdivision lot frontages. The Senior Planner pointed out the future development
pattern for parklands and referred to the exchange of School Board lands, as well
as additional lands to be acquired from impost fees to enlarge recreational
facilities.
His Worship Mayor Smeaton entered the meeting.
The Senior Planner advised that efforts were being made to provide "good
accommodation for all citizens in Niagara Falls", and discussed affordable
housing. He referred to the "levelling off" of population growth, and the
projection of growth affecting all facilities. The Senior Planner explained
the suggestion for added depth to the 105 foot lots. .~
A discussion was held regarding the complaint of Miss Hall regarding the
loss of lot frontage on Thorold Stone Road. It was pointed out that this was
a Regional road. His Worship Mayor Smeaton suggested that Miss Hall contact
his office and the matter of appropriation of land would be investigated and
resolved.
A further discussion ensued regarding the proposed low-rise development
which will contain approximately 12 units, and would abut 4 single family
lots.
Mr. Brodertck discussed the adaptation of the proposed subdivision plan
to conform to the Northwest Community Secondary Plan, and his client,s attempt
to provide affordable housing for all the people of this community through
innovative housing and reduction of lot sizes. He st._~d~ that alterations had
been made to the original proposal as requested by the Planning Department,
and that his client would be in agreement with the suggested 50' lot frontages
on Donlee Street. Mr. Broderick suggested that there should be a variety of
lot frontages on Donlee Street, with a variety of "spacing of homes", and stated
that the apartment would be a 2~ storey walk-up type, which could be incorpor-
ated into the site plan. He advised that the depth of lots could be altered
as requested, and asked that Council approve the proposal on the basis of the
Planning Director's report and suggested revisions.
The Projects Supervisor replied to questions raised with respect to impost
fees collected for expansion and renewal of services, and discussed the increased
cost per lot. -
In reply to questions raised, Mr. Broderick advised that there had not
been a meeting with interested residents, and that the developer had agreed
to the changes requested by the Planning Department. It was noted that the
developer could apply to the Ontario Municipal Board for approval of the plan.
Following further discussion it was moved by Mayor Smeaton, seconded by
Alderman Merrett, that the Application be denied at the present time, and that
a meeting be arranged between the developer, interested residents, and Staff,
in order to effect a compromise solution. The motion Carried with the follow-
ing Vote:
AYE: Mayor ~meaton, and Aldermen Baker, Coville, Cunm~ings, Janvary,
Keighan, Kerrto, Merrett, and Somerville.
NAYE: Alderman Orr.
Alderman Cheesman, Presiding Officer, declared a 5 minute recess at
9:30 p.m..
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Council reconvened for the balance of the meeting, and His Worship Mayor
Smeaton presided as Chairman.
ORDERED on the motion of Alderman Alderman Cheesman, seconded by Alderman
Covllle, that the communications be received and filed. Carried Unanimously.
No. 522 - (PD/81/84) - Chief Administrative Officer --Re: AM-13/84 Zoning
amendment application. Applicant: Thomaso & Alex Ptcctrtllo - Location:
5074 Victoria Avenue. The report includes a proposal for a zoning by-law
amendment in order to permit a billiard parlour to operate from an existing
building located on the subject property.
- AND -
Communication No. 327(a) - Simcoe Street Public Sc.h, ool - Re: Proposed
Billiard Parlour. The communication expresses opposition to the proposal
because of the proximity to several local schools.
- AND -
Communication No. 327(b) - Miss Doris G. Matthews - Re: Proposed Billiard
Parlour. The communication expresses objection to the proposal.
- AND -
Communications No. 327(c)-- Messrs. Michael St. Angels, Nicholas Mazzone, Mrs.
Dlanne Perovich, and Mr. & Mrs. Albert Dick - Re: Proposed zoning by-law
amendment. Ail of the communications express strong opposition to the proposal.
- AND -
Communication No. 327(d) - Petition from Residents of the area - Re: Proposed
use of the subject premises. The petition expresses objection to the use
of the premises at 5074 Victoria Avenue aa a pool hall/games room in any form.
In response to a request, the City Clerk advised that the land is zoned
General Commercial and the proposed uae ia excluded from those uses permitted
in the by-law. He advised that the applicant is applying for an amendment to
Zoning By-law 79-200 which would, by means of a special provision, permit a
Billiard Parlour.
Mr. Joseph Nicoletti, Solicitor, advised that he was present aa Agent for
the Applicant.
His Worship Mayor Smeaton received a showing of hands to a request for
persons present in favour of, or againat~ the proposal, t
The Clerk advised that the Notices of Public Hearing were forwarded by
first class mail on September 4th, 1984.
Mayor Smeaton advised that any persons wishing to receive further notice
of the passing of the by-law should leave names and addresses with the Clerk
prior to leaving the meeting. He explained the procedure for the ~ubltc
Meeting.
The Senior Planner explained the proposal, and: discussed the_subject lands
which form part of Block H, Plan 172 MKA 1001 and are located on the northeast
corner of Jepson Street and Victoria Avenue, having a frontage of 21.33 metres
(70') on Victoria Avenue and a depth of 30.48 metres (100') along Jepaon Street.
He advised that this matter was considered to be a social issue rather than
a physical planning issue.
In response to a request for comments from persons ln,.favour of the applio
cation'Jthe'ifollowing, persons spoke to the issue: Mr. John Fagan who is employed
by the Applicant; Mrs. Pimm; and Mr. Larry Pugliese, 4022 Brookdale Drive.
It was pointed out that the proposed Billiard Hall was to be a "family place";
would be an asset Lo the City as an "enjoyable place" within the "free enter-
prise" aysgem;- and .in consideration of the parlour presently being run by the
Applicant on Queen Street, the proposal should be allowed.
In response to Mayor ~meaton's request for comments from those opposed to
the proposed amendment, the following persons addressed the issue: Mr.
Michael St. Angelo, 5060 Victoria Avenue; Hr. Henry Beauregard; Mr. Nichola~
Mazzonei 5079 Jepson Street~ and DO,he,Anderson, 5067 ViCtoria-Avenue. The
speakers expressed opposition to the Billiard Parlour because of inadequate
)arking.epaces, loitering, drug involvement, rise in vandalism, traffic
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congestion, and noise level. It was pointed out that equipment for the
Parlour has been set up, and that businesses of this type attracted a certain
undesirable element of the population. Reference was made to prostitution,
school absenteeism, and it was suggested that the proposal would affect
property values and marketability of homes in the area. It was further
suggested that the Billiard Parlour, if approved, would result in loss of
established businesses in the area.
Mr. Nicoletti responded to the issues raised regarding parking which he
stated had been resolved; with respect to the acceptability of the subject
area, where he has established a law office; the problems created by the
former business in the premises and suggested that the proposed use could
not be compared in this manner but judged on its own merit; and stated that
the clientele of the business could be controlled in order to avoid undesir-
able behaviour. He further stated that there was no indication that property
values would decrease. Mr. Nicoletti discussed the premises on Queen Street
which were operated by the Applicant, Mr. Piccirillo, and the need for
repairs and renovations with lack of funding for this.
Further opposition to the zoning amendment was expressed by Mr. Albert
St. Angels; Mrs. Sandra Durdan, 4869 Jepson Street; and other residents
who discussed increased vandalism, improper language, and effect on children
in the area.
Mr. Tom Piccirillo discussed the issue in terms of controlled clientele,
cost of renovations, his previous experience in the business and his own
family ties. He requested a probationary period and invited interested
people to visit the proposed premises. In reply to a question raised by
Mr. Gerry Kramer, 6068 Drummond Road~ Mr. Piccirillo advised that the
building on Queen Street had deteriorated too far, and the landlord was
unwilling to make repairs.
Following further discussion it was moved by Alderman Cheesman, seconded
by Alderman Orr, that the Application be approved under the Temporary Use
Provision for one year, and referred to Staff. The motion was Defeated with
the following vote:
AYE: Aldermen Chessman, Orr, and Somerville.
NAYE: Aldermen Baker, Coville~ Cummings, Janvary, Keighan~ Kerrio, and
Merrett.
Alderman Somerville retired from the meeting.
During further discussion it was suggested that Staff might work with the
Applicants to establish a Billiard Parlour in the City where the business
wo~ld be considered acceptable.
ORDERED on the motion of Alderman Baker, seconded by Alderman Kerrio,
that the Application for a Billiard Ball be denied and that the communications
be received and filed. The motion Carried with the following vote:
AYE: Aldermen Baker, Coville, Cummings~ Janvary, Keighan, Kerrio, and
Merrett.
NAYE: Aldermen .Chessman and Orr.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary,
that leave be granted to proceed past 11:00 p.m. The motion Carried with the
following vote:
AYE: Aldermen Baker~ Chessman, Coville, Cummings, Janvary~ Keighan~ Nerrett~
and Orr.
NAYE: Alderman Kerrio.
Alderman Merrett retired from the meeting.
REPORTS
No. 5~3 . Chief Administrative Officer - Re: Sale of the Old Police Building
to Jurgen ~uggolz and Frederika Gu$&olz. The report recommends that Council
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pass the by-laws appearing on this evening's agenda:
1) To authorize the sale of the Old Police Building to Jurgen Guggolz and
Frederika Guggolz; and
2) To authorize the execution of the agreement with Jurgen Guggolz and
Frederika Guggolz, respecting parking facilities (Cash-in-Lieu Agreement).
ORDERED on the motion of Alderman Cuur~ings, seconded by Alderman Kerr;o,
that the report be received and adopted. Carried Unanimously.
See By-law No. 84-242,
and No. 84-243.
COMMUNICATION
No. 328 - Mr. A. F. Sheppard~ Solicitor - Re: Appointment to Board of Directors
of the Humane Society. The communication refers to the appointment of Mr.
Harold Warner to the Board and advises that he is not eligible for appointment
under the constitution and by-laws of the Society.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the
communication be received and filed. Carried Unanimously.
A discussion was held regarding the motion of Council at a former meeting
with respect to the appointment to the Board of the Society.
ORDERED on the motion of Alderman Baker, seconded by Alderman Cheesman, that the
former motion to appoint Mr. Harold Warner to the Board of the Humane Society
be rescinded. The motion Carried with the following vote:
AYE: Mayor Smeaton, and Aldermen Baker, Chessman, Keighan, and Kerrio.
NAYE: Aldermen Coville, Cummings, Janvary, and Orr.
ORDERED on the motion of Alderman Baker, seconded by Alderman Cheesman,
that the appropriate sections of the draft agreement between the City and the
Humane Society be amended to provide that the City's two nominees for
appointment to the Board of Directors of the Society must be eligible to hold
the position as a Director under the Constitution and By-laws of the Niagara
Falls Humane Society· Carried Unanimously.
REPORT - PLANNING MATTER
No. 524 - (PD/82/84) - Chief Administrative Officer - Re: AM-l/83 Zoning
amendment for Valmac Holdings Ltd. for a private passive park located on the
west side of Valleyway. The report recommends that Council approve the by-law
for lands located on the west side of Valleyway to permit the establishment of
a private landscaped passive park area. The City Clerk explained the proposed
changes in the by-law.
His Worship Mayor Smeaton received a negative response to a request for
comments from the Applicant or his Agent.
The Clerk advised that Notices of the Public Meeting had been forwarded to
interested citizens by first class mail on August 29th, 1984.
Mayor Smeaton requested any persona wishing to receive further notice of
the passage of the by-law to leave n~mles and addresses with the Clerk prior
to leaving the meeting.
Mayor ~meaton explained the procedure of the meeting under the New
Planning Act.
The Senior Planner explained the proposal as a passive park which limits
the type of building, structures and accessory uses permitted on it.
His Worship Mayor ~meaton did not receive a response to his request for'
questions with respect to {he proposal, and therefore, declared the Public
Meeting c/o~ed.
ORDERED on the motion of Alderman Karrio, seconded by Alderman Coville, that
the report be received and adopted.' Carried Unanimously.
· See By-law No. 84-238,
and No. 84-239.
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COMMUNICATIONS
No. 329 - Ministry of Natural Resources _ Re: Loss of Wetlands in Southern
Ontario. Th~ cormnunication expresses concern over the loss of Wetlands in
Southern Ontario.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
the matter be referred to Staff for a report. Carried Unanimously
No. 330 - Greek-Canadian Community Association of Canada - Re: Grand Opening
October 20th, 1984. The communication advises of the Grand Opening and
requests the support of Council by purchasing an Ad for the Brochure.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
approval be granted for the purchase of a one-half page Ad at a total cost
of $75.00. Carried Unanimously.
No. 331 -Slmone Sowden, Secretary for LIFE Task Forc.. - Re: O.W.M.C. Research
Team. The communication expresses concern that the students hired by the City
of Niagara Falls to gather information to combat the selection of the O.W.M.C.
candidate site may be laid off.
ORDERED on the motion of Alderman Cu~ings, seconded by Alderman Orr, that
Mrs. Bowden be supplied with an update of the status of the Research Team.
Carried Unanimously.
REPORTS
No. 525 - Municipal Works Committe~ - Re: Municipal Works Committee reports.
The report' ~ecommenda that Council approve the recommendations in the following
reports:
1) River Road Encroachment _
- That the City of Niagara Falls and the Niagara Parks Commission exchange
lands along River Road, where required, to remove any doubt as to juris-
diction responsibility, subject to a further report to the Committee,
prior to finalization.
2) ~olicy for Maintenance of Rearyard Catchbasins -
- That the following policy concerning the maintenance of rearyard catch-
basins be established:
t) Benefitting~property owners shall be responsible for: '
t) the maintenance and repair of rearyard catchbasins and their
leads beyond the road allowance;
ii) cleaning of catchbaeins and leads for the entire length (to the
sewermain);
2) The City shall be responsible for the maintenance and repair of the
portion of the rearyard catchbasin lead within the road allowance
between the sewermain and the property line.
3) S~ewage Flows for the Last Five Yearc -
- That'this report be received and filed for information.
· 4) '~treet Lighting -
1) that quotations be invited for the installation of new street lights
up to the maximum of $20,000 contained in the Operating Budget;
2) that an interim policy on street light maintenance level of service
· be adopted;
3) that the comments on our progress in taking over the maintenance of
street lights be noted.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
the report be received and adopted. Carried Unanimously.
No. 526 . Chief'.Adinintstrative Officer -'Re: ..1984 Tender for New Equipment.
The report~ecommends that the following new Equipment Tender be accepted:
l) Archer Truck Services Ltd. in the amount of $165,138.45 for the supply of
three (3) 1985 model 32,000 lb. G.V.W. diesel powered dump trucks with
Wings and plows;
~) Belgium Standard Industries Ltd. in the amount of $157,187.28 for the
supply of two (2) 25 cu. yd. capacity, one.,man side-loading refuse packers
mounted on brand new 1984 model diesel powered chassis.
3) Frtnk Canada in the amount of $125,628.70 for the supply of two (2) rear-
loading 20 cu. yd. capacity refuse packers~ mounted on 1985 model diesel
pOWered chassis.
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ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 96.
No. 527 - Chief Administrative Officer - Re: Contract R.C. 29/84 - Valleyway
Road Rehabilitation from Nouck Drive to Sixth Avenue - Stage I. The report
recommends that the unit prices submitted by the low tenderer, Hard Rock
Paving Company Ltd., for Contract R.C. 29/84, be accepted by City Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 97.
See By-law No. 84-237.
No. 528 - Chief Administrative Officer - Re: Surplus Regional Property -
Sarah Street. The report recommends that the Regional Municipality of Niagara
be advised that the City has no use for the former Sarah Street sewage pumping
station site.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
No. 529 - Chief Administrative Officer - Re: Flooring at Niagara Falls
Memorial Arena. The report recommends that the following information in
response to Council's inquiry at its previous meeting concerning the above
flooring be received and filed.
ORDERED on the motion of Alderman Kerrto, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
No. 530 - Chief Administrative Officer - Re: The Buildings and Inspections
Department Report for September 1984. The report includes information regarding
Permits issued, highlights, and October 1984 proposals.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Covtlle, that
the report be received and filed. Carried Unanimously.
No. 531 - Chief Administrative Officer - Re: Demolition of 4187 and 4190 Queen
Street. The report recommends that City council accept the low quotation of
from Nick Altieri Excavating Ltd. for the demolition of two (2) dwellings at
4187 and 4190 Queen Street.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker~ that
the report be received and adopted. Carried Unantmously~
See Resolution No. 98.
No. 532 - Chief Administrative Officer - Re: Display Cases at Niagara Falls
Memorial and Jack Bell Arenas. The report recommends that approval be given
for the by-law appearing on tonight's agenda to authorize an agreement
between K.R.G. Marketing and the City for the installation of two display
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
the report be received and adopted. Carried Unanimously.
See By-law No. 84-236.
No. 533 - Chief Administrative Officer - Re: Niagara Falls Canu~ks Hockey
Incorporated. The report recommends that approval be given for the by-law
appearing on tonight's agenda to authorize an agreement between the City of
Niagara Falls and the Niagara Falls Canucke Hockey Incorporated.
ORDERED on the motion of Alderman Kerrio~ seconded by Alderman Cummings~ that
the report be received and adopted. Carried Unanimousl~.
See B~-law No. 84-235.
.No. 534 - Chief Administrative Officer - Re: Municipal Accounts. The
report recommends that the accounts totalling $4,873,216.58 for the one week
period ending October 9th, 1984 be approved by the passing of the by-law
appearing later on the agenda.
.9
=9 -
Alderman Cheesman declared a conflict of interest on Cheque No. 03268
because his wife is employed by the organization.
Alderman Keighan declared a conflict of interest on Cheque No. 03278
because a relative has an interest in the company.
The City Clerk advised that the Cheque No. 03369 to Chapman b~rray
and Associates had been deleted from the Monies By-law and the total had
therefore been reduced to $4,873,216.58 from $4,918,945.54.
Additional information was provided on Cheques No. 03299, 03416, and
03417.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Janvary, that
the report be received and adopted. The motion Carried with Aldermen Cheesman
and Keighan abstaining from the vote on Cheques ~o. 03268 and 03278 consecu-
tively, on conflicts of interest previously recorded, and all others voting
in favour.
~ESOLUTIONS
No. 96 - CUMMINGS - KERRIO - RESOLVED that the unit prices submitted by the
following as 1984 tenders for new equipment be accepted:
1) Archer Truck Services Ltd. -
for three(3) 1985 model 32,000 lb.
G.V.W. diesel powered dump trucks with
wings and plows - $ 165,138.45
2) Belgium Standard Industries Ltd. -
for two (2) 25 cu. yd. Capacity,
one man side-loading refuse packers
mounted on brand new 1984 model diesel
powered chassis - $ 157,187.28
3) Frink Canada -
for two (2) rear-loading 20 cu. yd.
capacity refuse packers, mounted on
1985 model diesel powered chassis $ 125,628.70
; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 97 - CUMMINGS . JANUARY - RESOLVED that the unit prices submitted by
Hard Rock Paving Company Ltd., for Contract R.C. 29/84 for Valleyway Road
Rehabilitation from Houck Drive to Sixth Avenue - Stage I, be accepted at
the Iow tendered amount of $164,982.57; AND the Seal of the Corporation
he hereto affixed.
Carried Unanimously.
No. 98 - CU~INGS . BAKER - RESOLVED that the unit prices submitted by
Nick Alti~ri Excavating Ltd., for demolition of two (2) dwellings at
4187 and 4190 Queen Street, be accepted at the low tendered amount of
$2,500.00; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY=LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman,
that leave be granted to introduce the following by-laws and the by-laws be
read a first time:
N~-235 - A by-law to authorize the execution of an agreement with Niagara
Falls Canucks Hockey Inc.~ o/a Niagara Falls Junior "B" Hockey
Club.
by-law to authorize an agreement with K.R.G. Marketing.
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No. 84-237 - A by-law to authorize the execution of an agreement with Hard-
Rock Paving Company Limited.
No. 84-238 - A by-law to amend By-law No. 79-200, as amended. (Valmac).
No. 84-239 - A by-law to designate an area of land in the City of Niagara
Falls as a site plan control area. (Valmac)
No. 84-240 - A by-law to amend By-law No. 79-200, as amended.(Non-Profit
Housing).
No. 84-241 - A by-law to designate an area of land in the City of Niagara
Falls as a site plan control area.(Non-Profit Housing).
No. 84-242 - A by-law to authorize the sale of the property municipally known
as 4582 Zimmerman Avenue. (~he "Old Police Building").
No. 84-243 - A by-law to authorize the execution of an agreement with Jurgen
Guggolz and Frederika Guggolz, respecting parking facilities.
No. 84-244 - A by-law to provide monies for general purposes.
The motion Carried with Aldermen Cheesman, and Keighan abstaining from the
vote on By-law No. 84-244, on conflicts of interest previously recorded in
Report NO. 534, and all others voting in favour.
ORDERED on the motion of Alderman Baker, seconded by Alderman Cummings, that
the following by-laws be now read a second and third time:
No. 84-235 - A by-law to authorize the execution of an agreement with Niagara
Falls Canucks Hockey Inc., o/a Niagara Falls. Junior "B" Hockey
Club.
No. 84-236 - A by-law to authorize an agreement with K.R.G. Marketing.
No. 84-237 - A by-law to authorize the execution of an agreement with Hard-
Hock Paving Company Limited.
No. 84-238 - A by-law to amend By-law No. 79-200, as amended.
No. 84-239 - A by-law to designate an area of land in t~e City of Niagara
Falls as a site plan control area.
No. 84-240 - A by-law to amend By-law No. 79-200, as amended.
No. 84-241 - A by-law to designate an area of land in the City of Niagara Falls
as a site plan control area.
No. 84-242 - A by-law to authorize the sale of the property municipally known
as 4582 Zimmerman Avenue(the "Old Police Building").
No. 84-243 - A by-law to authorize the execution of an agreement wi. th Jurgen
Guggolz and .Frederika Guggolz, respecting parking facilities.
No. 84-244 - A by.law to provide monies for general purposes.
The motion Carried with Aldermen Chessman, and Keighan abstaining from the
vote on By-law No. 84-244, on conflicts of interest previously'recorded, and
all others voting in favour.
NEW BUSINESS
CITY OF HAMILTON - PAN AM GAMES IN 1991
His Worship Mayor Smeaton referred to a handout com~untcation from
Mayor Robert M. Morrow of the City of Hamilton, expressin8 appreciation of
Council's support regarding the City of Hamilton's bid for the Pan ~n Games
in 1991.
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ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings,
that the communication be received and filed. Carried Unanimously
APPRECIATION TO PREMIER WILLIAM DAVIS
Alderman Kerrio referred to the recent announcement by Premier William
Davis regarding his decision to retire as Premier of Ontario.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings, that
a letter of appreciation be forwarded to Premier William Davis for his years
of service to the people of Ontario and for his accessibility to City Council
relating to matters dealing with Council. Carried Unanimously.
CONCERNS RE CITY BUILDINGS
Alderman Cummings referred to the excessive warmth of the Council Chambers
this evening. He further referred to the renovation of the roof at the Niagara
Falls Memorial Arena which has not yet been completed.
1985 - INTERNATIONAL YEAR OF THE YOUTH
Alderman Orr referred to 1985 as the International Year of the Youth.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cheesman, that
the matter be referred to Staff to obtain information regarding a cost
estimate, and apply to the United Nations for approval to use the United Nations
Youth Logo, in celebration of the International Year of the Youth in 1985.
tarried Unanimously.
~ELOCATION - BUSINESSES OF HONG KON~
Alderman Chessman referred to the cessation of the long term agreement
between the United Kingdom and the Peoples' Republic of China, and the need
for the relocation of businesses from Hong Kong.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that
the matter be referred to Staff to contact the Business and Industrial Growth
Agency and Chamber of Commerce in order that an arrangement might be
developed to encourage relocation in the City of Niagara Falls.
Carried Unanimously.
A~PPRECIATION TO ALDERMEN
His Worship Mayor Smeaton expressed appreciation to Alderman Cheesman for
filling the position of Presiding Officer during his absence earlier this
evening, and to Aldermen who have assisted him in performing the duties of
his office.
CI~VIC COMMITTEE UPDATE
Alderman-Janvary discussed the following matters:
Man-A-Mile Race - was a successful event which should receive the support
of Council, and the volunteers commended next year;
Bicentennial Event at the Skylon - the Ontario Science Centre's Science
Circus with T.N.T. (Travelling New Technology) from October 5th to 14th,
1984.
George Bukator Park - Official Opening on October 12th, 1984, at 4:00 p.m.
- invitations should be forwarded to the Recreation Commission and the
Boys' and Girls' Club.
It was moved by Alderman Cummings, seconded by Alderman Rerrio, that the
meeting adjourn. .Carried Unanimously.
READ AND
CLERK
THIRTY-FIFTH MEETING
Council Chambers
October 15, 1984
Council met on Monday, October~3 15th, 1984 at 7:30 p.m. for the purpose of
considering general business. Ail members of Council were present with the
exception of Aldermen Kerrio, and Merrett. His Worship Mayor Smeaton presided
as Chairman, and offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
the minutes of the meeting held October 9th, 1984, be adopted as printed.
Carried Unanimously.
DEPUTATIONS
PUBLIC HEALTH SERVICES, NIAGARA FALLS
Regional Councillor Peter Sobol advised that it had been brought to his
attention that the hours of the Birth Control Centre in the City of Niagara
Falls were unsuitable for students. He asked Council to support his request to
the Regional Health Services that the hours be altered to 1:30 p.m. to 4:30 p..m.
ORDERED ou the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the request of Regional Councillor Sobol respecting the change in hours
for the Birth Control Centre in Niagara Falls be endorsed. Carried Unanimously.
BEAUTIFICATION OF CLIFTON HILL
Mr. Harry Oakes, III, addressed Council regarding the progress of the
Clifton Hill Revitalization Program, advised that the program is being developed
in conjunction with City Staff, and introduced Mr. Bob Fleming of the Architect~
ural firm of Moorhead, Fleming, Corban, McCarthy, Bruce D. Robinson Associates,
Mr. Fleming discussed the process of workidg ~th phe present owne, rs of
businesses on Clifton Hill,'the concept of t~e tourist attraction, and the
existing facilities on the street. He explained the Inventory and Analysis,
the Concept Plan, and the Development Plan in detail, with particular emphasis
on unification, stgnage, street furniture and planting, major identity arches
at the top and bottom of the Hill with secondary arches at strategic positions,
as-~well ae information kiosks, street and sidewalk alterations, and changes in
off and on-street parking.
Mr..Oakes replied to questions raised regarding the proposal being in
accordance with the Lanmer Fencoe Report, parking, the~retention of present
' attractions, the possibility of an overhead walkway~ and discue~ed the coopera-
tion of ~ity Staff.
TRANSPORTS TO BRIGHTS FOODS INC.
The City Clerk advised that Mr. Ed Roseman of Roseman Transport in St.
Cathartnes,.had requested that the problem of trucks to Brights Foods Inc.
Carroll Avenue, be deferred for personal reasons. His Worship Mayor Smeaton
Stated that the matter warrants a full discussion with respect to egress and
ingress.
UNFINISHED BUSINESS
INJURED DOG - MR. V. BARBARINO
Communication No. 332 - Niagara Falls Humane Society - Re: Complaint to City
Council. The communicat~sed that Mr. Barbarino~s call respecting the
injured dog on McLeod Road had been received at 3:47 p.m. and was Immediately
dt~eSPatched to the officer who arrived at the scene at 4:00 p.m. and removed
dog to the Bridgeview Pet Clinic at 4:12 p.m. The information had been
confirmed by Dr. Klm St. John and his staff. It was further explained chat
a record was not on file at the Society with respect to a membership applica-
tion from Mr. Barbartno.
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Mr. Vincent Barbarino was granted permission to address Council.on the
motion of Alderman Cummings, seconded by Alderman Coville. Mr. Barbarino
did not agree with the times referred to in the communication, stated that he
had not retained the receipt he had received to cover his $5.00 membership
fee to the Humane Society, and requested further information regarding the Society.
A lengthy discussion ensued regarding Mr. Barbarino's concerns with respect
to the time of the call from the Fire Department to the Humane Society, the
Agreement between the City and the Society, fines paid and services performed,
as well as salaries to the Society's Staff. His Worship Mayor Smeaton advised
that the matter should be clarified. Alderman Baker stated thatam application
for membership was being forwarded to Mr. Barbarino which would be paid for by
the Alderman.
Following further discussion, it was moved by Alderman Janvary, seconded
by Alderman Bake~, that the communication be received and filed, and the matter
be referred to Staff for a report regarding Mr. Barbarino's questions.
Carried Unanimously.
COMMUNICATIONS
No. 333 - Corporation of the Township of Downie - Re: Resolution regarding
Gull problem. The communication requests that Council endorse the attached
Resolution to Honourable Andrew Brandt, Minister of the Environment.about gulls.
ORDERED on the motion of Alderman Curranings, seconded by Alderman Janvary, that
the communication be received and the resolution endorsed. The motion
Carried with the following vote:
AYE: Aldermen Baker, Coville, Cummings, Hinsperger, Janvary, Orr, Puttlck,
and Somerville.
NAYE: Aldermen Cheesman, and Keighan.
No. 334 - Minister of Municipal Affairs and Housing - Re: "Local Government
Week" - beginning January 14th, 1985. The communication requests the involve-
ment of the Municipality regarding the proposed "Local Government Week", and
advised that a "Community Participation Kit" from the Local Government Week
Liaison Office wlll be forwarded in order to provide information to implement
programs at the local level. Alderman Janvary advised that the matter was an
important one, and the information should be forwarded to all members of
Council.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that
the communication be received and filed, and further, that future corresppu?
dance be:made available to all members of Council. Carried Unanimously.
No. 335 - Regenc~ Hockey Club - Re: Hockey Tournament - March 9th to llth,
1985. The communication requests a Special Occasion Permit.
ORDERED on the motion of Alderman Cum~ings, seconded by Alderman Janvary,
that the request of the Regency Hockey Club, for a special occasion permit
for the hockey tournament to be held on March 9th, 10th, and llth, 1985, at
the Niagara Falls Memorial Arena, Niagara South Arena, Jack Bell Arena, and
Stamford Arena, Niagara Falls, be approved subject ~o the approval of the
Regional Police Department, the Niagara Falls Fire Department, the Niagara
District Health Unit, and the Liquor Licensing Board of Ontario.
Carried Unanimously~
REPORTS
No. 535 - Chief Administrative Officer - Re: Temperature Control - Council
Chambers. The report attaches a report from H.G. Acres who had examined the
systems and the plant. During a brief discussion it was suggested that the .
report needed further study.
Alderman Cummings declared a conflict of interest because he is
employed by H.G. Acres.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker,
that the report be received and tabled for two weeks. The motion Carried with
Alderman Cummings abstaining on a conflict of interest and all others voting in
favouF.
.3
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No. 536 - Chief Administrative Officer . Re: 1984 Tree Planting Program .
Contract No. T.P. 31/84. The report recommends that the unit rates submitted
by Mori Nurseries, be accepted by Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
report be received and adopted. Ca_~rried Unanimously.
See Resolution No. 102.
Se~e By-law No. 84-246.
No. 537 - Chief Administrative Officer - Re: Supply and Erection of Fences
and Backstops - Contract No. F.C. 30/84. The report recommends that the unit
prices submitted by Lundy Steel, Division of Ivaco Inc. for Peninsula Fence &
Landscaping Inc., be accepted by Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
S~ee Resolution No. 103.
See By-law No. 84-247.
No. 538 - Chief Administrative Officer . Re: Tender for Supply, Treat, and
Stockpiling of Winter Sand - 1984-1985 Winter Season. The report recommends
that the tender for supply and delivery of winter sand, including the mixing
of salt with this sand, and remixtng of the existing stockpile, be awarded
to T.C.G. Materials Limited for the unit prices tendered by this company.
ORDERED on the motion of Alderman Orr, seconded by Alderman Somerville, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 104.
No. 539 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends 'that the accounts totalling $781,255.32 for the one week period
ending October 15th, 1984, be approved by the passing of the by-law appearing
later on the agenda.
Alderman Ketghan declared a conflict of interest on Cheque No. 03493
because.a relative has an interest in the company.
Alderman Hinsperger declared a conflict of interest on Cheque No.
03496 because he is employed by the firm.
Alderman Cummings declared a conflict of interest on Cheque No. 03506
because a relative is involved in the program.
Alderman Somerville declared a conflict of interest on Cheque No. 03549
because he has an interest in the matter.
Additional information was provided for Cheque No. 03549.
ORDERED on the ~otion of Alderman Coville, seconded by Alderman Somerville,
that the report be received and adopted, the motion Carried, with Aldermen
Keighan, Hineperger, Cummings, and Somerville abstaining from the vote on
Cheques No. 03493, 03496, 03506, and 03549 consecutively, on conflicts of int-
erest previously declared, and all others voting in favour.
No. 540 . Chief Administrative Officer - Re: Incentive Program for Civic
Employees ~United Way. The report recommends that City Council approve an
extra five days' vacation for the winners of the two draws of the City's 1984
United Way Incentive Program.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman,
that the report be received and adopted. The motion Carried with the follow-
ing Vote:
AYE: Aldermen Baker, Cheesman, Coville, Cummings, Hinsperger, Keighan,
Orr, Puttick, and Somerville.
NAYE: Alderman Janvary.
No. 541 Chief Administrative Officer - Re: Famous Players Realty Investments
Limited ~ ~yramid Place. The report recommends that Council pass the by-laws
apPearin&on tonight's ~genda;'
.f
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1) to authorize releases in favour of Famous Players Limited, and
2) to establish oertain lands as part of Buchanan Avenue.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
the report be received and adopted. Carried Unanimously.
See By-law No. 84-248,
and By-law No. 84-249.
No. 542 - Hazardous Waste Steerin~ Committee - Re: Letter to Gartner Lee
Associates Ltd. for Phase 4A Information. The report discusses the tests
taken by Gartner Lee Associates Ltd. (GLAL), and the delay in receiving
a report from the company, and attaches a copy of a letter to the Project
Director, Mr. Grant Anderson~ which requests a meeting for the week of
October 22, 1984, in order that information and data concerning the GLAL
activities might be received. Alderman Coville discussed the information
contained in the letter to Mr. Anderson, and expressed her concerns with
respect to this matter.
During the discussion it was suggested that a misunderstanding may have
resulted from misinterpretation or that the analysis has not been completed.
Concern was expressed that the residents had not yet received the analysis~
as well as-for the increased expenditure caused by the delay. Regional
councillor Ed Sherar advised that the Regional E.E.A.C. Committee and the
Regional council will not be making a decision until a recommendation is re-
ceived from the Regional Planning Department.
His Worship Mayor Smeatoa stated that the Regional Council was sensitive
to the seriousness of the situation as it pertains to Niagara Falls and West
Lincoln. Re advised that an informational meeting would be scheduled for two
weeks from this evening.
RESOLUTIONS
No. 99 - CHEESMAN - CUMMINGS - RESOLVED that Alderman Paisley Janvary be
appointed Acting Mayor in the absence of His Worship Mayor William S. ~neaton,
from October 21st, to October 25th~ 1984, inclusive; AND the Seal of the
Corporation be hereto affixed.
Carrie~ Unanimously.
No. 100 - ORR - KEIGHAN - RESOLVED that the next Regular Meeting of the City
council be held on Monday, October.29th, 1984; AND the Seal of the Corpora-
tion be hereto affixed.
Carried Unanimously.
No. 101 - CUMMINGS - HINSPERGER - RESOLVED that ' '
WHEREAS the Regional Municipality of Niagara has placed a control order on
eight industries in the City of Niagara Palls to enforce the improvement of
their sewage effluent;
AND WHEREAS the industries have provided documentation which collectively
supports a total cost of $3~237,000.00 for pollution control equipment;
AND WHEREAS 'the Province of Ontario, through the Ministry of Treasury and
Economics, offers a program entitled The Community Economics Transportation
Agreement, which ts a fund to assist in Job creation Projects and enterprise
development particularly tnvolvieg the private 'sector;
NOW THEREFORE we hereby petition the Province of Ontario through the Region
of Niagara for funding to assist these industries in the amount of 50% of the
total cost or ,$~,618,500.00.
~arried Unanimously.
No. 102 - CU~INGS - ORR ~ RESOLVED that the unit prices submitted by Mort
Nurseries, for 1984 Tree Planting Program - Contract. No. T.P. 31/84, be
accepted at the low tendered amount of $12,926.00; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimousl~.
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No. 103 - CUMMINGS - HINSPERGER _ RESOLVED that the unit prices submitted by
Lundy Stee~, Division of Ivaco Inc. for Peninsula Fence & Landscaping Inc.,
for the supply and erection of Fences and Backstops _ Contract No. F.C. 30/84,
be accepted at the low tendered amount of $18,487.00; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously.
No. 104 - ORR - SOMERVILLE . RESOLVED that the unit prices submitted by
T.C.G. Materials Limited for supply and delivery of winter sand, including
the mixing of salt with this sand, and remixing of the existing stockpile,
- 1984-1985 Winter Season, be accepted at the low tendered total amount of
$58,272.00; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
leave be granted to introduce the following by-laws and the by-laws he read
a first time:
~. 84-245 - A by-law to amend By-law No. 79-200, as amended. (AM-7/84, Marino & Petrecca).
N~o. 84-246 - A by-law to authorize the execution of an agreement with Mr.
Gardner Inc. carrying on business as Mori Gardens for the 1984
tree planting program.
N~o. 84-247 - A by-law to authorize the execution of an agreement with Lundy
Steel division of Ivaco Inc. for fences and backstops.
N_o. 84-248 - A by-law 'to establish certain lands as part of Buchanan Avenue
as a public highway.
No. 84-249 - A by-law to authorize releases in favour of Famous Players Limited.
N_o. 84-250 . A by-law to provide monies for general purposes.
The motion Carried with Aldermen Keighan, Hinsperger, Cummings, and Somerville,
abstaining fro--~-~-~e vote on By-law No. 84-250, on conflicts of interest pre-
viously recorded in Report No. 539, and all others voting in favour.
ORDERED on the motion of Alderman covtlle, seconded by Alderman Somerville,
that the following by-laws be now read a second and third time:
N~o. 84-245 - A by-law to amend By-law No. 79-200, as amended.
No__. 84-246 ~ A'by-law to authorize the execution of an agreement with Mr.
Gardner Inc. carrying on business as Mori Gardens for the 1984
tree planting program.
No~. 84-247__ - A by-law to authorize the execution of an agreement with Lundy
Steel division of Ivaco Inc. for fences and backstops.
No.__. 84-248 . A by-law to establish certain lands as part of Buchanan Avenue
as a public highway.
No. 84-249 . A by-law to authorize releases in favour of Famous Players Limited.
~- A by-law to provide monies for general purposes.
The motion Carried with Aldermen Keighan, Hinsperger, Cummings, and Somerville~
abstaining ~e vote on By-law No. 84-250, on conflicts of interest pre-
vto~sly recorded, and all others voting in favour.
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NEW BUSINESS
BUFFALO SABRES - STEVE DONNER
Alderman Cummings referred to a handout communication from Mr. Steve
Donner of the Buffalo Sabres. The cormmunlcation advised that on Friday,
November 23rd, 1984, the Philadelphia Flyers would play the Buffalo Sabres
during "Niagara Falls Night" in a coordinated effort between the City of
Niagara Falls, Ontario, Niagara Falls Minor Hockey, and the Buffalo Sabres.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary,
that the communication be received and approved. Carried Unanimously.
NIAGARA FALLS MINOR HOCKEY ASSOCIATION
A communication was received from A.J. Boone, President of the Niagara
Falls Minor Hockey Association requesting that November 23, 1984 be proclaimed
"The Niagara Falls, Ontario Night" for the game between the Buffalo Sabres and
the Philadelphia Flyers at the Buffalo Memorial Auditorium.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary,
that the request be approved..
Carried Unanimously.
TRACK NIAGARA ~.FUN:RUN ,
A communication was received from Bob Howteson, President of Track Niagara,
requesting approval of the 3'5-~:C~hG~;.Buster~Fun Runf~ on Saturday, October 27th,
1984.
ORDERED on the motion of Alderman Cummings, seconded by Alderman 3anvary,
that the request be approved subject to the approval of other authorities.
Carried Unanimously.
L & N CONSTRUCTION - APPRECIATION
A communication was received from L & N Construction expressing appreciation
concerning the contract for road reconstruction and sewer installation on St.
Patrick Avenue and Russell Street, and the manner in which it was handled.
Alderman Cummings expressed his appreciation of the letter and asked that this
be noted.
TOWN OF FORT ERIE
Alderman Puttick referred to the communication from the Town of Fort Erie
which had been included in the information of City Counclltitems. The com-
munication advised that the Town of Fort Erie has authorized a donation of
$500 to the York Regional Police Commission to be added to the reward being
offered in the apprehension of the person or persons involved in the recent
killing of police officers.
His Worship Mayor Smeaton stated that he had contacted all of the area
municipalities concerning this matter. ~--
McDONALDS - McHAPPY DAY V
A communication was received from Donna Taylor, Community Relations
Representative of McDonalds'regarding McHappy Day V scheduled for October 24th
in McDonald's Restaurants across Canada, and inviting participation in the
event.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary,
that the communication be received and filed, and members of Council participate
if possible. Carried Unanimously.
NIAGARA FALLS, CANADA, VISITOR & CONVENTION BUREAU
2ND ANNUAL 'FESTIVAL OF LIGHTS'
A handou~ communication was received from the Visitor & Convention Bureau
regarding the 2nd Annual 'Festival of Lights'. The communication referred to
a 'l~ghting pole' display being introduced on Ferry Street between Howard
Johnson's Hotel and Stanley Avenue.
- 7 -
Mr. John Bolvansky, General Manager of the Bureau, attended the meeting
and discussed the upcoming 'Festival of Lights' with enthusiasm. He suggested
that the various companies in Niagara Falls be contacted to advertise and
assist in promoting the project, discussed the estimate of costs, and requested
the approval of Council. In reply to questions raised Mr. Bolvansky advised
that the Mr. Glenn Gandy, General Manager of the Chamber of Commerce, had not
yet been contacted regarding industries in the City becoming involved, however,
-it is intended that this will be done. He further advised that the Bureau's
lawyers had been contacted regarding contracts, and legalities. Mr. Bolvansky
advisedthis time. that a financial Contribution from the City was not being solicited at
ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that
the concept of the Second Annual 'Festival .of Lights, be endorsed, and further,
~that the matter be referred to the Finance Committee to consider the possibility
of one City of Niagara Falls sign as participation and involvement by the City.
Carried Unanimously. .
CANADA WORKS PROGRAM
Alderman Keighan referred to an item in the local newspaper with respect to
a grant in the amount of $962,000 from the Canada Works Program. The Director
of Buildings & Inspections stated that the office of the Ministry of Employment
and Immigration, E~pl~y~ent Development Branch, S~. Catharines, .has been,co,tacked.
His Worship Mayor Smeaton stated that Mr. C. Chataway, Director of Economic
Development, Business & Industrial Growth Agency, was researching the matter
in ¢%%~ctIo%.... wigS., invo~vement of the City.
Alderman Cummings referred to the Non-partisan Committee selected by
Mr. Rob Nicholson, M.P., and suggested that a member of Staff should have been
involved. His Worship Mayor Smeaton advised that a meeting would be scheduled
with Mr. Nicholson and members of Council in order that a discussion of the
matters o~.~autua~_~onee~n.
G~EORGE BUKATOR PARK
Alderman Puttick referred to the successful Official Opening of George
Bukator Park, and requested that a letter of commendation be forwarded to the
members of Staff responsible for preparing the Park for the Official Opening
on October 12th, 1984.
~ONDITION OF PROPERTY - 4857 McRAE STREET ~'
Alderman Puttick referred to a petition he had received which reviewed
concerns regarding the aforementioned property, in terms of toxic wae4a., and
· garbage. He referred to the unlawful selling of alcohol and gambling and of
charges having been laid ....
ORDERED On the.motion of Alderman Puttick, seconded by Alderman Cummings, that
the matter be referred to Staff for investigation and report.
Carried Unanimousl .
P~ARLIAMENTARY DINING ROOM
Alderman Puttick initiated a discussion regarding the parliamentary
dining room at the Parliament Buildings in Ottawa operating at a deficit
because of modest prices being charged for meals. He expressed the opinion
that the pricee charged for meals at the premises were too low, and should
be altered in order that the dining room could o.perate at a break-even
situation.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Keighan, that
a letter of enquiry be forwarded to Mr. Rob Nicholson~ M.P. regarding the
matter. Carried Unanimousl~.
CAPITAL PUNISHMENT
Alderman Cummings initiated a discussion regarding the reinstitutton of
capital punishment in Canada..
ORDERED on the motion of Alderman Puttick, 'seconded by Alderman Keighan, that
the matter be tabled. The motion Carried with the following vote:
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AYE: Aldermen Baker, Cheesman, Hinsperger, Janvary, Keighan, Orr, Puttick,
and Somerville.
NAYE: Aldermen Coville, and Cummings.
GREEN OAKS MOBILE HOMES PARK - STANLEY AVENUE
Alderman Baker advised that he had been contacted by residents of the
above mentioned Mobile Park with complaints regarding the condition of the
property, in particular, an unprotected propane tank situated beside the
road, water and sewer problems, an open ditch, and the road condition in
the Park.
ORDERED on the motion of Alderman Baker, seconded by Alderman Coville, that
the matter be referred to the Buildings & Inspections Department for invest-
igation and a report, and further, that the Regional Health Department be
contacted in this respect. Carried Unanimously.
meeting adjourn. Carried Unanimously.
It was moved by Alderman Keighan, seconded by Alderman Puttick, that the
~OR WILLIAIV~d{{"2 SMEATON
THIRTY-SIXTH MEETING
Committee Room #1
October 29, 1984
Council met on Monday, October 29th, 1984 at 6:00 p.m. in Committee of
the Whole. Ail members of Council were present. Alderman Hinsperger presided
as Chairman.
Following consideration of the items presented the Committee of the Whole
arose to report in open Council.
R~AD_~TED'
REGULAR MEETING
Council Chambers
October 29, 1984
Council met on Monday, October 29th, 1984 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman Orr. His Worship Mayor Smeaton presided as Chairman.
Alderman Kerrio offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker,
that the minutes of the meeting held October 15th, 1984, be adopted as printed.
Carried Unanimousl .
TRU.__~CKS AT BRIGHTS FOODS INC.
DEPUTATIONS
Mr. Ed Roseman of Roseman Transport in St. Cathartnes reviewed his concerns
regarding the manoeuvering of trucks at Brights Foods Inc. from Carroll Avenue,
and parking of cars on Carroll Avenue in the l~unediate vicinity of the industry
during the day making the ingress/egress route to Brights very difficult, parti-
cularly for the larger trucks from out of town. Ne suggested that the problem
might be resolved if the residents were asked to refrain from parking in the
in~nediate area during the daytime.
A discussion followed regarding the long standing situation, and possible
solutions'which had previously been established on a trial basis without success.
The /~faffic & Construction Engineer stated that the problem had formerly been
brought to the attention of Staff by people living opposite Brights Foods Inc.,
that the difficulty is in residential zoning abutting industrial zoning, and
that the situation was a hard one to resolve.
Mr. Joe Palin, 4083 Carroll Avenue, represented the concerned residents
at the meeting, and reviewed the actions previously taken to resolve the
problem during the past 8 years. Following further discussion~ it was moved
by Alderman Puttick, seconded by Alderman Chessman, that the matter be referred
to the Parking & T~affic Conunittee for consideration in conjunction with the
Busineas & Industrial Growth A~ency, Mr. Eric Nilts, President of Brights Foods
Inc.~ end 8taff~ and a report. It was further recommended that the area resi-
dents be notified regarding the Committee meeting. Carried Unanimou~ly.
NIAGARA FALLS BUSINESS & INDUSTRIAL GROWTH AGENCY
Mr. John Corfield~ President of B.I.O., referred to the Strategy and
WOrkplan for Economic Development for the City of Niagara Falls, which had
been distributed, and introduced Mr. Charles Chataway, Director of Economic
Development for B.I.G.
-2 -
Mr. Chataway discussed the Strategy and Workplan, and Marketing Strategy
which proposes that the '~ajori~y of the time and effort supplied by the
B.I.G.A. should be;channelled towards providing assistance to its existing
economic base".
A discussion followed regarding the service provided by the N.R.D.C., and
co-ordinated efforts of the B.I.G. in convincing businesses to locate in
Niagara Falls; the $10,000 grant to the B.I.G. Agency from the City in 1984;
and the effort of the Agency to promote "Industry and Tourism Working Together
in Niagara Falls".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the information be received and filed, with appreciation expressed for an
excellent effort. Carried Unanimously.
LICENSING OF AUTOB~Dy SHOPS
The City Clerk advised that Mr. Robert Macrae of Auto Magic Design
Collision, 4414 Portage Road, had been unable to attend the meeting and had
requested that the matter be tabled for one week.
ORDERED on the motion of Alderman Cua~uings, seconded by Alderman Baker, that
the matter be tabled for one week. Carried Unanimously.
COMMITTEE OF RATEPAYERS (C.O.R.P.)
Mr. Mike Glavic, 6950 Kalar Road, discussed his,recommendation that the
City of Niagara Falls establish a forum for the representation of the local
property-class ratepayer, a~d.'~fficially sanction by representation a Committee
of Ratepayere (C.O.R.P.)~-
During the discussion that followed, it was suggested that City Council
is in essence a committee of ratepayers, and a ratepayers organization may
be established without the endorsation of Council. It was further noted that
endorsation by Council of the group would establish it as a conuutttee of
Council. In reply to questions raised, His Worship Mayor Smeaton advised that
he would conaider attending a meeting, "but not with any authority of Council
unless they so move".
Alderman Puttick asked that a record be made of his motion that Mr. Glavic
be thanked for his presentation, and a report be prepared by Staff on the
feasibility of the Committee under its present form. The second to the motion
waa withdrawn. ~
Alderman Janvary offered to attend a meeting of the group as a non-voting
participant if the organization so desired.
UNFINISHED BUSINESS
CANADIAN RACING PLATE CO. LIMITED -
COMMUNICATION FROM THE MINISTRY OF THE ENVIRONMENT
Communication No. 336 - Ministry of the Environment - Re: Canadian Racing
Plate Co. Limited. The communication includes a report on the status of the
Wheelabrator; 2 Geco 1500 Drop Hammers, and 2 Dellavia Friction Screw Presses;
2500 Geco Drop Hammgr; and Die Forger; and advises that the Ministry will
continue to monitor progress on equipment installation and noise r~ductton at
the Canadian Racing Plate Co. Limited.
Alderman Coville advised of a meeting with Honourable Andy Brand,, Minister
of the Environment, and advised that he would continue giving the problem con-
sideration. She further advised that there were still a number of complaints..
Mr. W. Amadio, Solicitor, was granted permission to address Council on the
motion of Alderman Cheesman, seconded by Alderman Covtlle. Mr. ~madio referred
to unresolved problems, i.e., the use of the die forger, and the operation of
the hammer during the night which "can be heard for 3 miles and through walls".
He stated that the hammer was causing cracks in buildings nearby, that storm
-3 -
windows were not removed during the past summer in an attempt to reduce the
noise level~ and health problems were resulting from lack of sleep. Mr. Amadio
stated that the Minister was being asked to "stop the noise at night',.
ORDERED on the motion of Alderman Coville, seconded by Alderman Kerrio, that
the matter be tabled until a further report was received from the Ministry of
the Environraent. Carried Unanimously.
TEMPERATURE CONTROL - COUNCIL CHAMBERS _
REPORT OF CHIEF ADMINISTRATIVE OFFICER
Report No. 535(Tabled) _ Chief Administrative Office, - Re: Temperature
Control - Council Chambers. The report attaches a report from H.G. Acres, the
company that had examined the systems and the plant.
Alderman Culmnings declared a conflict of interest because he is employed
by the company involved.
The Chief Administrative Officer reviewed information contained in the
report, and advised that Staff is attempting to anticipate attendance at
Council meetings and check the temperature in the Council Chambers. It was
recommended that this be given a trial period~ particularly in the spring and
fall.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Coville, that
the report be received and the recommendation of the Chief Administrative Officer
adopted. The motion Carried with Alderman Cummings abstaining from the vote on
a conflict of interest previously recorded, and all others voting in favour.
GREEN OAKS TRAILER CAMP -
~EPORT OF CHIEF ADMINISTRATIVE OFFICER
Report No. 543 - Chief Administrative Officer - Re: Green Oaks Trailer Camp.
The report refers' to an on site meeting made October 18th, 1984, outlines
infractions which had been noticed, reviews previous actions taken as well as
a registered letter forwarded to the owner of the park Mr. Malcolm Gibson,
outlining the concerns. The report recommends that the information contained
therein be received and filed.
Mr. Gibson addressed Council regarding the "theft" of 17 tons of gravel
he had on his property, referred to several incidents which had taken place in
the Camp unrelated to the matters in question, and discussed "Christian
fellowship,,.
A lengthy discussion followed with respect to the "habitual problems back
to 1980" at the Trailer Camp, the possibility of the City undertaking the
neceSSary maintenance and charging the owner of the Trailer Camp; and the
· concerns regarding the propane tank, hydro cable lying on the ground, water
and Sewage services. The City Solicitor expressed the opinion that there
appeared to be no authority for the City to undertake the maintenance work
and charge Mr. ~ibson, and questioned the position of the tenants if the
licence was revoked.
His Worship Mayor Smeaton suggested that several authorities might be
asked for their involvement and report back as soon as possible. During the
discussion the validity of the previous inspection reports was questioned.
Mr. Ron Hughes, 8223 Stanley Avenue, Lot 307, was granted permission to
address Council on the motion of Alderman Cummings, seconded by Alderman Baker.
Mr. Hughes expressed doubt regarding the inspections made previously, referred
to the violations at the Trailer Camp of the City's by-laws, as well as his
intention of taking Mr. Gibson to Court through the Landlord Tenant Act. He
discussed his contact with the Fize Inspector and following an inspection
no action was taken. Mr. Hughes stated that he had appropriated the missing
gravel for the potholes on 't~e lots.
In reply to questions raised the Fire Chief advised that the propane tank
is the responsibility of the Ministry of Energy, and that he would contact that
office tomorrow.
-4 -
ORDERED on the motion of Alderman Baker, seconded by Alderman Coville, that
the Regional Health Department, Fire Department, Ministry of Energy, Niagara
Falls Hydro, and Building & Inspections Department be asked to re-inspect the
subject property, and report. It was further requested that the report include
information regarding previous inspections of the property.
Carried Unanimously.
LEASES AT NIAGARA DISTRICT AIRPORT -
REPORT OF CHIEF ADMINISTRATIVE OFFICER
Report No. 476 - Chief Administrative Officer - Re: Leases at Niagara District
Airport. The report was received and filed at the meeting of City Council held
Sept. 10f84. Alderman Coville discussed information contained in the background
data of the report concerning the Airport Commission's opinion that the City
could support the Commission's position regarding the "vested interest" policy
of the Department of Transport.
ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that
the Niagara District Airport Commission's position with respect to the vested
interest policy of the Department of Transport be ~upported.
Carried Unanimously.
PRIVATE DRAINAGE PROBLEM - CROCCO -
REPORT OF CHIEF ADMINISTRATIVE OFFICER
Report-No. 544 - Chief Administrative Officer - Re: Private Drainage Problem -
Crocco. The report refer8 to previous reports on the matter; a recent meeting
of Mayor Smeaton, the Chief Administrative Officer, Building Inspector, Traffic
& Construction Engineer, Mr. Crocco and his lawyer at the site; a cost estimate
prepared and forwarded to Mr. Crocco's lawyer, to solve the problem; suggests
that the private property owner should take action himself; and recommends that
the report be received and filed.
The Chief Administrative Officer advised that historically the City has
followed a procedure with respect to the problem of drainage on private property
and the costly precedent which could result from a change in the procedure. He
referred to the flooding problems in the rural areas. Council was advised that
the subject property was presently for sale and if sold for a commercial purpose
and rezoned, an opportunity might be presented for the Municipality to resolve
the drainage problem through a site plan agreement. The Chief Administrative
Officer stated that the owners of adjacent lands had declined to assist with the
problem.
A discussion followed respecting previous reports to Council on the matter,
and lack of a legal opinion on the issue.
Mr. W. ~madio, Solicitor for Mr. Crocco, was granted permission to address
Council on the motion of Alderman Merrett, seconded by Alderman Cummings. Mr.
Amadio reviewed the problem of drainage encountered by Mr. Crocco, tha inspection
by the property of the ~raffic & Construction Engineer, and referred to the three
different legal answers from the Building Department regarding the problem.
Mr. Amadio discussed the adjoining properties, the passing of By-law No. 79-200.
in terms of property uses related to lands adjoining.Mr. Crocco's property, and
Mr. Crocco's desire that the;by-law be enforced.
The City ~olfcitor expressed reluctance to give a legal opinion on the
matter prior to a review of the information.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that
the matter be referred to the City Solicitor for an investigation,' to include
the possibility of a violation on the part of the City, and report.
~arried Unanimously.
COMMUNICATIONS
No. 337 - Chlppawa Lions Club - Re~ Turkey Roll - December 10, 1984 at the
Chippawa Lions Recreation Centre. The communication requests a Special
Occasion Permit for the event.
- 5-
Alderman Hinsperger declared a conflict of interest because he is a
member of the Club.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville,
that the request of the Chippawa Lions Club for a special OCCasion permit for
the Turkey Roll to be held on December 10th, 1984, at the Lions Recreation
Centre, Niagara Falls, be approved subject to the approval of the Regional
Police Department, the Niagara Falls Fire Department, the Niagara District
Health Unit, and the Liquor Licensing Board of Onta ' · .
with Alderman Hinsperger abstainin~ fr~m .~ ..... rzo. The motion Carrzed
previously recorded, and all others voting in favour,a conflict of znterest
No. 338 - Ministry of Natural Resources _ Re: Changes to Provincial Flood
Protection Criteria. The communication advises that the Province of Ontario
has established new minimum flood protection criteria and reviews the infor-
marion.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that
the communication be received and filed. Carried Unanimously.
No. 339 - Ministry of Municipal Affairs and Housinr - Re: Report of
Provincial/Municipal Working Committee on Open Meetings and Access to
Information. The communication refers to the aforementioned report which
was established in April 1983 with a final report in May 1984, and attaches
a copy of the report for information.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings,
that the communication be tabled for one week for further consideration.
Carrie___~d Unanimously.
No. 340 - Association of Municipalities of Ontario (AMO) - Re: "Local
Government Week" . 3anuary 14th - 19th, 1985. The communication requests the
support of the program. The Chief Administrative Officer suggested that
volunteer members of Council form a committee to consider this program further.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the communication be referred to Staff, and that a committee be formed
to consider the program, comprised of members of Council, the Civic Committee,
and Staff. It was further recommended that Mr. C. Chataway of the B.I.G. be
contacted to assist. Carried Unanimously.
No. 341 - Mr. Vincent Barbarino - Re: Humane Society Committee Appointment.
~he communication requests the appointment of Mr. Barbarino to the Humane
Society Board as a City representative. Alderman Janvary opposed the suggestion
because other people have been dec'lined the appointment. It was noted that all
communications requesting appointment are referred to the City Clerk for consi-
deration when required, and that advertisements for the appointment were
. always published.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that Mr. '.Barbarino be considered as a possible appointee following execution
of a new agreement with the Society. Carried Unanimously.
No. 342 . (~ltario Good Roads Association - Re: Resolution and Proposal of
Names for ~ecognition of .Long Service. The communication requests resolutions
and names to be submitted for recognition of long service in the cause of
good roads~ for presentation of a certificate on February 26th, 1985.
ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that
the communication be referred to the Municipal Works Committee for consideration.
Carried Unanimonsl .
No. 343(a)City of Toronto - Re: Deregulation - Telecommunication Industry.
The communi~ation refers to the aforementioned and Application by CNCP and
BC Rail, and expresses opposition because a negative effect on the provision
of reaeonably-priced~ universally-accessible local telephone service would
result.
Alderman Hinsperger declared a conflict of interest because he i8 employed
by Bell Canada.
- AND .
No. 343(b).Brtan A. Kil~or% Director of Public Affairs - Re: Public Long
DiStance Te'lepho~e Service. The telepost communication advises that background
information will be forwarded in order that a balanced view of the matter is
provided,
-6 -
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings,
that the matter be tabled in view of the Telepost message received October 25th,
1984. The motion Carried with Alderman Hinsperger abstaining from the vote on
a conflict of interest previously recorded, and all others voting in favour.
No. 344 - Ontario~lative Committee, Canadian Railway Imbour Association -
Re: Public Hearings for testing of Cabooseless trains. The communication
advises that a public hearing will commence on Monday, December 3, 1984 at
Hull, Quebec in the matter of application by CN and CP Rail of a plan to test
and operate cabooseless trains.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that
opposition to the proposal be expressed and that the Federal Minister of
Transportation and Chairman of the C.T.C. be requested to hold public hearings
at convenient locations. Carried Unanimousl_z~_-
No. 345 - Chamber of Commerce - Re: Bill 11 - draft legislation expanding
municipalities, power to license. The communication refers to a previous
communication dated November 18, 1982 expressing the Chamber's opposition
to Bill 11, advises that A.M.O. is again exerting pressure on the Provincial
Government to re-introduce the legislation, and again expresses opposition
to the expansion of municipal licensing power.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the communication be referred to Staff for comments, and further, that
representatives of the Chamber of Commerce be invited to the meeting when
the report is submitted. Carried Unanimously.
No. 346 - Calendart Inc. - Re: Niagara Falls Fantasy in Art Calendar. The
communication encloses an art calendar in celebration of Ontario's bicentennial
which includes a print entitled "Niagara Falls Fantasy". It is further indi-
cated that the original work is valued at $965.00 and may he brought to City
Hall for viewing, and possible purchase.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Kerrio, that
the communication be received and filed. The motion ~arried with the
following vote:
AYE: Aldermen Baker, Cummings, Htnspergsr, Janvary, Keighan, Kerrio, Merrett,
Puttick, and Somerville.
NAYE: Aldermen Chessman, and Coville.
No. 347 - Niagara German-Canadian Club - Re: "Niagara German-Canadian Club Week"
- November 1-~3ah- 18th, 1984. The communication requests that Council approve
a proclamation as specified above in celebration of the 50th Anniversary of
the Club.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Htnsperger,
that the request be approved subject to established policy.
Carried Unanimously.
No. 348 - Niagara Falls Public Library - Re: Appointment of City Historian.
The communication refers to the appointment of a City Historian and recommends
Mr. George Seibel as being well qualified for the position.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Ctm~nings, that.
the recommendation be approved, subject to the terms of the appointment being
specified between Staff and Mr. Seibel. Carried Unanimously.
No. 349 -Nta ara Falls Canada Visitor.& Convention Bureau - Re: .'Festival
of Lights~. The communication discusses the upcoming Festival of Lights and
requests participation by the City in the amount of $5,000.00.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrto, that
the communication be referred to the Finance Committee for consideration·
Cart__ted Unanimously.
No. 350 - Brid eview Animal Hoe itel - Re:
,rxo ewew antmal Hoe itel Humane Society Incident - Injured
Dog. ~te com~unicatton reviews the action taken by the Animal Hospital in
connection with the recent incident of an injured dog.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that
thec'ommunication be received and filed. Carried Unanimous1 .
- 7-
REPORTS
No. 545 -Chie. f.Ad~lstrative Officer Re Hsd
77-75 as am~ - : ges- Contrary
recommends that ~ounc~l~i~e~ ~nd 5204 Willmott StreetJ toThe By-law report No.
ollowing action relative to hedges
adjacent to the above referenced properties:
- notification be provided to the oWners of 5751 Leonard Avenue and
5204 Wlllmott Street that unless that portion of the hedges adjoining their
respective properties and providing an obstruction to the vision of motorists
approaching the intersection is made to comply with the provisions of By-law
77-75, the City will, after two weeks' notification, proceed to remove the
offending section of the hedges.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimousl~
No. 546 . Chief ~dministrat~ve Officer
advises - Re: 4857 McRae Street. The report
that th~ above mentioned property was inspected on July 19th and no
litter or debris wae visible on that date. The property was re-inspected
on October 24th, 1984 and the yard had been cut and the property was in an
acceptable condition. The report further advises that the petition regard-
ing the unlawful selling of alcohol and gambling has been forwarded to the
Regional Police for investigation; and recommends that the information be
received and filed.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Coville, that
the report be received and adopted. Carried Unanimousl .
No. 547 - Chief Administrative Officer . Rs: O.B.O.A./C.B.O.A. Conference,
1985. The report advises that the Ontario Building Officials Association and
the Canadian Building Officials Association will hold a joint conference in
the City of Niagara Falls in the Fall of 1985, and recommends that the infor-
mation be received and filed.
ORDERED on the motion Of Alderman Janvary, seconded by Alderman Kerrio, that
the report be received and adopted. Carried Unanimously.
No. 548 - Chief Adminietrative Officer - Re: 1984 Capital Budget Project -
Sanitary Sewer-----main on Falls Avenue, from Clifton Hill to the Sheraton-Brock
Hotel. The report recomm~a4s~hat the by-law appearing on tonight's agenda be
paesed by Council.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that the
report be received and adopted. Car.~ried Unanimously.
~aw No. 84-251.
No. 549 . Chief Administrative Officer -
Removal Eq~easoRnel Tenders for Rental of Snow
The report recommends that
the following:
- that tenders received from the following for the purpose of snow removal
during the 1984-1985 winter season be accepted at the hourly rates shown
on the tender summary sheet:
1) Modern Crane Rentals Ltd. for the rental of one (1) 4-wheel drive
front-end loader, and two (2) trucks with plows;
.2) Montgomery Bros. Constructio.n for the rental of two (2) 4-wheel
drive front-end loaders;
3) Modern White Lines Ltd. for the rental of one (1) 4-wheel drive
front-end loader;
4) L. Walter & Sons Excavating Ltd. for the rental of one (1) 4-wheel
drive front-end loader, and one (1) grader;
- AND .
' that the Director of Municipal Works be authorized to call a second snow
removal equipment rental tender to obtain a second rented grader for snow
removal purposes during the winter of 1984-1985.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville~
that the report be received and adopted. Carried Unanimous1 .
See Resolution No. 105.
-8 -
No. 550 - Chief Administrative Officer - Re: Intersection Control. The report
recommends that yield signs be erected on the following:
1) Lamont Avenue facing 'east bound traffic at Mundare Crescent;
2) Batty Avenue facing south bound traffic at Margaret Street;
3) Erie Avenue facing south bound traffic at Morriaon Street;
- AND-
The report further recommends that stop signs be erected on the recently
reconstructed section of Bampfield Street facing east bound traffic at Ontario
and wear bound traffic at Palmer Avenue.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville,
that the report be received and adopted. Carried Unanimously.
No. 551 - Finance Committee - Re: Finance Committee Reports. The report
recommends that Council endorse actions as specified on the following:
1) Festival of Lights Pro,ram -
that the City participate by sponsoring one side of a lighting pole
attachment at each end of the chain of lights at a cost of $892.80.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Hlnaperger,
that the recommendation be received and adopted. Carried Unanimously.
2) Contribution towards the Niagara Season's Ma~azine -
that the city contribute $50 towards the Niagara Season's Magazine.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville,
that the recommendation be received and adopted. The motion Carried with the
following vote:
AYE: Aldermen Cheesman, Coville, Janvary, Merrett, Puttick, and Somerville.
NAYE: Aldermen Baker, Cummings, Hinsperger, Keighan, and Kerrio.
3) Advertisin~ in Niagara Symphony program -
that the City take no advertisement in the Niagara Symphony program.
ORDERED on the motion of Alderman ~anvary, seconded by Alderman Cheesman,
that Council approve a one-quarter page advertisement in the Niagara sYmphony
program in the amount of $125.00. The motion Carried with the following vote:
AYE: Aldermen Baker, Chessman, Janvary, Merrett, Puttick,~and Somerville.
NAYE: Aldermen Coville, Cummings, Hinaperger, Keighan, and Kerrio.
4) Budget guidelines -
that Council endorse the general guidelines for the 1985 capital and
operating budgeta.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings,
that the recommendation be received and adopted. Carried Unanimously.
5) "Canadians for a Clean Environment" assistance -
that the City pay $250.00 towards the cost of water tests performed for
the "Canadians for a Clean Environment".
The Chief Administrative Officer suggested that if the recommendation is
approved by Council, the City be given an invoice or receipt in the ~mount of
$250 showing whether this has been paid or is still unpaid; that a copy of
the information contained in the report prepared by the Ministry of the Envir-
onment be submitted to the City; and that the Committee should, in the future,
approach the Municipality prior to expending funds.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that.
the recommendation be received and adopted, subject to the aforementioned
conditions. Carried Unanimously.
6) Nine Month Financial Statement -
review the Nine Month Financial Statement and report.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings,
that the recommendation be received and adopted. Carried Unanimously.
-9~
No. 552 - Finance Committee _ Re: Re-examination of existing grant structure.
The report recommends that the Council endorse a recommendation of the Finance
Committee that representatives of the Niagara South BOard of Education, the
Welland County Separate School BOard, the Niagara Falls Hospital BOard, and
the Regional Finance Committee be invited to discuss with the Finance Committee
the advantages of a unified approach to the Provincial Government requesting a
re-examination of the existing grant structure as it relates to the affected
bodies.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
No. 553 - Chief Administrative Officer . Re: Municipal Accounts. The report
recommends that the accounts totalling $1,875,806.59 for the two week period
endinglater on October the agenda.29th' 1984, be approved by'the passing of the by-law appearing
Alderman Coville declared a conflict of interest on Cheque No. 03614
as she is the person involved.
Alderman Cummings declared a conflict of interest on Cheque No. 03628
because he ia employed by the company; and on Cheque No. 03823 because a
member of his family ia involved in the program.
Alderman Hinsperger declared a conflict of interest on Cheques No. 03642
and 03811 because he is employed by the company.
ORDERED on the motion of Alderman Somerville, seconded by Alderman Cummings,
that a report be received with additional information on Cheque No. 03881.
C~arried Unanimously
Additional information was provided for Cheques No. 03703, 03 706, and
03997.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville,
that the report be received and adopted. The motion Carried with Aldermen
Coville, Cummings, and Hinsparger abstaining from the vote on Cheques No.
03614, 03628, 02823, 03642, and 03811 consecutively, on conflicts of interest
previously recorded; and all others voting in favour.
No. 554 . Chief Administrative Officer - Re: AM-7/84 - Proposed Addition of
Two Storeys . Oaken Drive Motel Llmited. The report recommends that Council
pass.the by-laws appearing on tonight's agenda:
1) to authorize an amendment to By-law 79-200, as amended;
2) to authorize a release.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett,
that the report be received and adopted. Carried Unanimously.
See By-law No. 84-252,
and By-law No. 84-253.
No. 555 . C_hief ~ministrative Officer - Re: Maasagist By-law. The report
providea information regarding the concerns of Mr. Tom Prue with respect to
pornography and the provisions of the City's Massagist By-law; the study by
the SOCial Planning Council; and recommends that the information contained
therein be received and filed.
Fir. Tom Prue submitted a copy of an advertisement published in the local
newspaper on October 29th, 1984 regarding the matter and advised that the
advertisement had been publiahed each night since the beginning of the year.
He stated that in February 1984 he had been informed that the by-law could
not be enforced under its present form.
Following further discussion it was moved by Alderman Merrett, seconded
by Alderman Mineperger, that the matter be referred to Staff for a discussion
With the Regional Police, and report. Carried Unanimously.
No. 556 . Chief Administrative Officer - Re: O.W.M.C. Toxic Waste Treatment
Site . Communications between City, O.W.M.C. and Ministries. The report
attaches communications noted above, and recommends that the information be
received.
- 10 -
ORDERED on the motion of Alderman Keighan, seconded by Alderman Merrett,
that the report be received and adopted. Carried Unanimously.
No. 557 - Chief Administrative Officer - Re: Three Acres of Surplus Lands
owned by Niagara Falls Hydro, north of Stamford Collegiate Vocational
Institute. The report recommends that the Niagara Falls Hydro be notified
that Council does not require the three acre parcel of land north of Stamford
Collegiate Vocational Institute fronting on Drummond Road and extending west
of Leonard Avenue.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that
the report be received and adopted. Carried Unanimously.
RESOLUTION
No. 105 - CUMMINGS.-,,SOMERVILLE - RESOLVED that the unit prices submitted for
the rental of snow removal equipment for the 1984-1985 winter season be accepted
at the hourly rates shown on the tender summary sheet attached, for the
following companies:
1) Modern Crane Rentals Ltd. -
for the rental of one (1) 4-wheel drive front-end loader,
and two (2) trucks with plows;
2) Montgomery Bros. Construction -
for the rental of two (2) 4-wheel drive front-end loaders;
3) Modern White Lines Ltd. -
for the rental of one (1) 4-wheel drive front-end loader;
4) L. Walter & Sons Excavating Ltd. -
for the rental of one (1) 4-wheel drive front-end loader,
and one (1) grader;
; AND the Seal of the Corporation be hereto attached.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger,
that leave be granted to introduce the following by-laws.~d the by-laws be
read a first time:
No. 84-251 - A by-law to authorize the construction of a sanitary sewermain
as an improvement and extension to the sewage system in the
Urban Service Areas of the City.
No. 84-252 - A by-law to amend By-law No. 79-200, as amended.
(Oakee Drive Motel Limited).
No. 84-253 - A by-law to authorize a release. (Oakes Drive Motel Limited).
No. 84-254 - A by-law to establish certain lands as part of Buchanan Avenue
as a public highway.
No. 84-255 - A by-law to authorize an agreement with The Minister of Municipal
Affairs and Housing for the Province of Ontario.
No. 84-256 - A by-law to allow the maintaining and using of a building which
encroaches on Buckley Avenue.
No. 84-257 - A by-law to amend By-law No. 7531, being a by-law to provide for
the erection of stop signs at intersections.
No. 84-258 - A by-law to provide monies for general purposes.
The motion Carried with Aldermen Coville, Cummings, and Hinsperger abstaining
on By-law No.-'~-~58, on conflicts of interest previously recorded in Report
No. 553, and all others voting in favour.
- 11 -
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
the following by-laws be now read a second and third time:
No. 84-251 - A by-law to authorize the construction of a sanitary sewermain
as an improvement and extension to the sewage system in the
Urban Service Areas of the City.
No. 84-252 . A by-law to amend By-law No. 79-200, as amended.
No. 84-253 - A by-law to authorize a release.
No. 84-254 - A by-law to establish certain lands as part of Buchanan Avenue
as a public highway.
No. 84-255 - A by-law to authorize an agreement with The Minister of Municipal
Affairs and Housing for the Province of Ontario.
~o. 84-256 _ A by-law to allow the maintaining and using of a building which
encroaches on Buckley Avenue.
~o. 84-257 . A by-law to amend By-law No. 7531, being a by-law to provide for
the erection of stop signs at intersections.
No. 84-258 - A by-law to provide monies for general purposes.
The motion C~arried with Aldermen Coville, Cu~ings, and Hinsperger abstaining
from the vote on By-law No. 84-258, on conflicts of interest previously
recorded, and all others voting in favour.
NEW BUSINESS
L_IGHT STANDARD FOR GARDEN STREET
Alderman Chessman suggested the need for a light standard on Garden Street
near Dorchester Road.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Somerville,
..thatcarriedtheu~animouslmatter be referred, to Staff for investigation and report.
HY~DRO pO~'_~DR~oN~ ROAD AT GLENGATE STREET
Alderman Cummings discussed the possibility of moving a hydro pole which
is presently located on Drummond Road at Glengate Street. He advised that
traffic becomes congested when ears are turning left on Glengate Street from
-Drummond Road. It was suggested that the matter be investigated and
resolved.
NI__AGARA FALLS HUMANE SOCIETY . PROVINCIAL OFFENCES AU~'
Alderman Baker discussed the implementation of Part I of the Provincial
Offences Act for the prosecution of dogs running at large. The City Solicitor
advised that this action would require the approval of the Chief Judge of the
Province of Ontario. Alderman Baker wae~of the opinion that this matter should
be dealt with as soon as possible.
C___ANADIANS FOR A CLEAN ENVIRONMENT
Alderman Baker referred to his request of August 271h, 1984, that the
lOcal office of the Ministry of the Environment be asked to make an official
Statement with respect to swimming in the Welland River, and asked if a
reponee had been received to the enquiry. The Chief Administrative Officer
advised that the matter of contamination of the Welland River would be
Considered at the next meeting of the Municipal ~brks Committee, and further
that a report would be submitted to Council aftsr the meeting.
CY~McG~IGAN _ MATERIALS IN ARENAS
Alderman Puttick requested that a report be submitted at the next meeting
of City COuncil regarding the concerns expressed by Mr. Cy McGuigan tn connec-
tion with materials used in the Arenas.
- 12 -
O.W.M.C. INDUSTRIAL WASTE DISPOSAL SITE
Alderman Coville referred to a communication which had been received from
the City of Welland regarding the Research Team for Toxic Waste Disposal, and
attaching a cheque in the amount of $1,000.00 from the City of Welland as a
token of concern regarding the issue, and supporting the undertaking of the
City of Niagara Falls. His Worship Mayor Smeaton advised that he would write
a letter of appreciation to the City of Welland.
Alderman Coviliefurther referred to a petition signed by 78 from a Church
group.
C.A.I.P. II FUNDING
His Worship Mayor Smeaton advised that the City of Niagara Falls has been
allocated $150,000 by the Ministry of Municipal Affairs & Housing. The Senior
Planner stated that the matter would be dealt with at the next meeting of City
Council.
RETIREMENT PARTY - DIRECTOR OF PLANNING & DEVELOPMENT
The Senior Planner stated that a retirement party would be held for the
Director of Planning & Development~ Mr. Alec Greaves, on Friday~ November 2nd,
1984, at the Commissioners, Quarters, and invited members of Council to attend.
WELCOME - MR. WARD RODMAN
His Worship Mayor Smeaton welcomed Mr. Ward Rodman, former Director of
Municipal Works, to the Council meeting.
It was moved by Alderman Merrett, seconded by Alderman Htnsperger, that
the meeting adjourn.
SMEATON
TH_~IRTY-SEVENTH MEETING
Committee Room #i
November 5, 1984
Council met on Monday, November 5th, 1984, at 7:10 p.m. in Committee of
the Whole. Ail members of Council were present with the exception of Aldermen
Cheesman, Kerrio, Orr, and Puttick. Alderman Keighan presided as Chairman.
Following consideration of the items presented the Committee of the
Whole arose without reporting.
~..REAO AND. AD ED,
~YoR W~LLIAF'S. '
$MEATON
_REGULAR MEETING
Council Chambers
November 5, 1984
Council met on Monday, November 5th, 1984, at 7:30 p.m. for the purpose
of considering general business. All members of Council were present with the
exception of Aldermen Cheesman, and Kerrio. His Worship Mayor Smeaton presided
as Chairman. Alderman Somerville offered the Opening Prayer.
PRESENTATIONS
~RETIREMENT WATCH . MR. VERN HAIST
His Worship Mayor Smeaton presented Mr. Vern Haist with a retirement watch
and expressed appreciation on behalf of members of Council. Mr. Haler formerly
worked for the Township of Crowland as Clerk Treasurer, and upon amalgamation
in 1970 he joined the City Hall Staff in the Engineering Department as Engin-
eering Cost Clerk where he remained until his retirement on October 31, 1984.
__~TIREMENT WATCH - MR. ALEC GREAVES
His Worship Mayor Smeaton presented a retirement watch to Mr. Alec Greaves.
Mr. Greaves began work for the City in May of 1964 as Deputy Director of Plan-
ning and was appointed Planning Director in 3une 1965. In April 1970 he joined
the Regional Staff as Regional Planning Director, and on October 12th, i976,
Mr. Greaves re-joined the City Staff as Director of Planning, a position he
held until his retirement on October 31st, 1984. Mayor Smeaton expressed the
appreciation of the members of Council to Mr. Greaves.
R~ETIREMENT WATCH - MR. LEN BURKE
His. Worship Mayor Smeatou advised that Mr. Burke was unable to be present
to receive his watch..
25---SYEAR PLAQUE - MR. ED SLOTA
His Worship Mayor Smeaton congratulated Mr. Slots and presented him with a
25 Year Plaque in co~mlemoration of his 25 years of service with the City of
Niagara Falls. Mr. Slots began work for the Village of Chippewa as a Labourer
In November 1959, and on amalgamation with the City of Niagara Falls in 1970,
he remained working at the South End Depot as a Labourer, where he has remained.
OP.~TIMIsT CLUB . PLAQUE TO CITY OF NIAGARA FALLS
His Worship Mayor Smeaton exhibited a plaque which had been presented to
him by Art Ferguson and NDn Fonsolato of the Optimist Club, to City Council
and employees as appreciation for their involvement in the recent ~rovindtal Slo-
Pitch Tournament. Mr. Art Ferguson, President of tile Opt/mist Club advised
that the plaque had been presented on October 19th, and discussed .the ,~rsmend-
oh8 8z~¥th%of ~he Tournament. He expreseed appreciation on behalf of the Club.
2
ADOPTION OF MINUTES
Alderman Somerville referred to the expected report on Cheque No. 03881,
indicated under Report No. 553 of the minutes of October 291h, 1984. The
Director of Municipal Works advised that the report would be submitted at
the next meeting of Council.
ORDERED on the motion of Alderman Orr, seconded by Alderman Somerville, that
the minutes of the meeting held October 291h, 1984, be adopted as printed.
Carried Unanimously.
DEPUTATIONS
LICEnSiNG OF~ AU~O BODY SHOPS - MR. ROBERT MACRAE
Mr. Robert Macrae of Auto Magic Design Collision, 4414 Portage Road,
discussed his concerns regarding auto body shops operating in the City
illegally, without a licence, and advised that he had not obtained a licence
in 1984 because of a desire to demonstrate and bring to the attention of the
City, the problems which exist in this connection. He further advised that
he had discussed the situation with different departments in the City, and
with his la. er, and requested that the matter be addressed at City Council
on November 19th, 1984.
In reply to questions raised the City Clerk reviewed a communication
forwarded to Auto Magic Design Collision by Registered bfail, to the attention
of Robert Paladtchuk and Robert M~crae, which referred to the application for
a garage licence sent January 13th, 1984, and subsequent reminders that the
application had not been completed and returned. It was noted that on 3uly
19th Mr. Paladichuk had indicated that he would not be applying fo£ a
and if application has not been made by October 24th, 1984, arrangements would
be made for the filing of a charge.against the firm for operating,without a
licence. The Clerk advised that the proper procedure was being followed,
and it was intended that charges would be filed on November 6th, 1984.
A discussion followed with regard to businesses operating in the City
without a licence, Mr. Macrae's request that the matter be addressed by Council
on November 19th, 1984, and his intention to apply for the licence tomorrow.
1984 SANTA CLAUS PARADE -
CO~fl~UNICATION FROM THE JAYCEES & CHAMBER OF COMMERCE
Communication No. 351 - Niagara Falls Jaycees & Chamber of Commerce - Re: 1984
Santa Claus Parade. The communication advises of the 2nd Annual Santa Claus
Parade scheduled for Sunday, November 2$th, 1984 at 2:00 p.m., requests street
closings as specified during the event, and advises of approval received from
other authorities.
Mr. Steve Cupolo, Parade Chairman, discussed plans for the parade, ~e-
quested the approval of Council, and invited participation. Mrs. Lynn Savage
distributed 1984 Santa Claus Parade buttons to Council and Staff.
Alderman Cummings suggested that the Jaycees and Chamber of Commerce
should be congratulated for initiating the parade.
ORDERED on the motion of Alderman Orr, seconded by Aldermen Somerville, that
the communication be received and the request approved. ~arrted Unanimously.
UNFINISHED BUSINESS
MINISTRY OF MUNICIPAL AFFAIRS & HOUSING -
REPORT OF PROVINCIAL/MUNICIPAL WORKING COMMITTEE ON OPEN MEETINGS
ACCESS TO INFOP~ATION
Communication No. 339(Tabled from 1984 10 29) - Ministry of Municipal Affairs
& t~oueln~ - Re: Provincial/Municipal Working Committee - Open Meetings and
Access to Information. The communication attaches the aforementioned report
for information.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinlperger,
that the communication be tabled for further information. ~arried Unanimousl~£
.3
-3 -
HONG KONG ENTREPRENEURS _
COMMUNICATION FROM BUSINESS & INDUSTRIAL GROWTH AGENCY INC.
Communication No. 352 - Business & Industr~ ~
HOnE Kong Entrepreneurs.~Growth Agency Inc. - Re.
~ ~ummun~catlon advises that~he ~gency h2s been
contacting the Provincial representatives in Hong Kong and the Federal repre-
sentatives in charge of the Entrepreneur Program.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the communication be received and filed for information.
Carried Unanimously
GREEN OAKS MOBILE HOME PARK -
REPORT OF CHIEF ADMINISTRATIVE OFFIC~;~
Report No. 558 - Chief Administrative Officer _
Park. The report'-attaches a.copy of the--rereport Re: Green Oaks Mobile Home
which was considered
by Council on October 291h, 1984, advises that most of the re-inspections of
'the park have been completed, that a'detalled report will be presented to
Council on November 19th, 1984, and recommends that this interim report be
received and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
the report be received and adopted, and further that a copy of the report be
forwarded to Mr. Ron Hughes, 8223 Stanley Avenue. Carried Unanimously.
R~EPORT
~o. 559 - Chief Administrative Officer - Re: C.A.I.P. _ Downtown Revitalization.
The report recommends, the following:
1)by That Council; Council and proceed with C.A.I.p. I as originally planned and as approved
2) That Staff take steps to process C.A.I.P. II to Council with the initial
concept and plans and its financial implications and that Council recommend
approval of C.A.I.p. II.
The Director of Planning & Development reviewed the background details in
the report and with the assistance of posted sketches discussed the subject
area in terms of the $800,000 project of C.A.I.p. I which was endorsed by
Council in April 1984, as well as the $300,000 C.A.I.P. II program.
Mr. Gabe Mallouk, President of the Downtown Board of Management,
discussed the upswing in the Queen Street economy, new businesses, expenditure
of funds for improvements within and outside of the buildings, and referred to
the improved assessment of the downtown area.
.ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the
report be~received and adopted. Carried Unanimously.
.COMMUNICATIONS
No. 353 . City of St. Catharines . Re: Road Rehabilitation & Preventive
Maintenanc~. The communication requests Council's support of a resolution
that the Ministry of Transportation and Communications be asked to increase
in 1985, the construction and maintenance allocations to municipalities for
road improvements.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger,
that the resolution be endorsed. Carried Unanimously.
No. 354 . Regional Niagara Public Works Do~artmsnt - Re: Water/Sewage Flows
by MUntcipa--lfty. The communication attaches the Monthly Report for September
1984, for the information of Council.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that
the communication be received and filed. Carried Unanimously.
No. 355 ~ Preservation of A~ricultural Lands Society (PALS) - Re: Topsoil
PreservatiOn By-law. The communication requests the passing of a by-law to
Preserve topsoil.
ORDERED on the motion of Aldermen Cummings, seconded by Alderman Hlneperger~
that the communication be received and referred to Municipal Works for
consideration. ~arried Unanimously.
4
No. 356 - Victoria & Centre Business Association - Re: Business Improvement
Area. The cormnunication requests the approval of Council regarding a proposed
Bueiness Improvement Area (BIA).
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the concept be approved and the matter referred to Staff for processing.
Carried Unanimously.
No. 357 - T. David Littler Harrison~ Elwood~ Solicitors - Re: Erie Express.
The communication attaches a financial package and advises that the deadline
for representations with respect to the Erie Express funding proposal is
November 6th, 1984.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
the communication be received and filed. Carried Unanimously.
No. 358 - Ministry of Tourism & Recreation - Re: Oakes Park Spectator Stands.
The communication advises that the Wintario Capital Program is currently closed
and therefore applications for Capital funding are not being accepted at this
time; and further, that a long term strategy for the improvement, protection and
development of Community recreation facilities is being developed.
ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the
communication be received and filed. Carried Unanimously.
No. 359 - Niagara Falls Youth Soccer Club - Re: Application for Bingo Lottery
Permit. The communication refers to the policy of City Council which denies
approval of the application of the Niagara Falls Youth Soccer Club for a Bingo
Lottery Permit, and expresses objection to the policy as "unfair and discrimin-
atory'', and requests a review and change in the policy.
Aldermen Cummings and Hinsperger declared conflicts of interest as members
of organizations which might be directly affected.
The City Clerk aiscussed the recommendations made by the Gambling/Gaming
Committee of the Social Planning Council in July 1980 regarding lotteries. ,;.
which had been approved by City Council. He reviewed the criteria of issuing
licences for bingo lotteries to charitable or religions organizations that had
been e~teblt~hed within the.boundaries ofzthe City of.~iagara.Falls_for § years.
He referred to the number of bingos operating at the present time, the
n~erous requests from sports organizations since 1980, which because of the
policy, had been discouraged~ and expressed concern that if the rules were
extended the ncunber of bingos would become unmanageable.
A discussion followed regarding the criteria for acceptable applications.
Mr. William Mackay, President of the Niagara Falls Youth Soccer Club attended the
meeting, and in reply to questions raised advised that the Club did not have a
license to operate bingos in St. Catharines. During the discussion it was
suggested that the report of the Gambling/G~ming Committee should be reviewed
and consideration given to allowing "parent groups" to make application fur
approval.
ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the
matter be referred to the Gambling/Gaming Committee for a review, and report.
The motion Carried with Aldermen Cummings, and Hinsperger, abstaining from the
vote on conflicts of interest previously recorded, and the following vote:
AYE: Aldermen Baker, Coville, Janvary, Keighan, Merrett, Orr, and Somerville.
NAYE: Alderman Puttick.
No. 360 - ~a~ara Falls O~timist Club - Re: "Youth Appreciation Week". The
communication requests a proclamation of Youth Appreciation Week for the second
week in November 1984.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville,
that the request be approved subject to established policy. '
Carried Unanimously.
No. 361 - DowntOwn Board of Management - Re: Appointment to Board. The
communicat~on submits the names of F~. Anne Rosler end Mr. Ross Durdan for
the endorsement of City Council to the Downtown Board of Management.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Covllle~ that
the communication be received and endorsed, Carried Unanimousl~.
* * .5
-5-
REPORT
No. 560 . C~hief Administrative Officer _ Re: Tenders for the Demolition of
Oakes Park Grandstands. The report--~-eco
mitred by G. DeStefano Cons~ .... · ~ .mmends that the lum sum nrle~ k
Ontario, be accepted by Council. 44 Fifth Avenue, Niagara Falls,
ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that
the report be received and adopted. Carri_~ed Unanimous~lly.
See Resolution No. 107.
See By-law No. ~4-266.
No. 561 - Chief Administrative Officer - Re: Property Standards By-law 74 204
- 8003, Montrose Road, Am~ ~stme~nts. The report recommends that under
clause (a) of sub-section 7.10.4 of By-law No. 74-204 the Corporation retain a
wrecking contractor to forthwith complete the work which Amada Investments was
directed to carry out under the Order given July 30th, 1984, 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 municipal taxes.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the report be received and adopted. C~arried Unanimously.
No. 562 - Chief Administrative Office, - Re:
6 Storey Hotel and Offsite Parking Lo~, 5943 Site Plan Approval - Proposed
Victoria Avenue. The report
recommends that the Conncil approve the site plans on display at tonight's
meeting, being a proposed 6 storey hotel and parking lot, and that the site
plan being drawing number A-1 dated September 28th, 1984, and the site services
and grading plan ~eing drawing number A-2 dated October 6th, 1984, and filed
with the Buildings and Inspections Department of the City of Niagara Falls on
November 2nd, 1984, and that such approval be subject to the conditions
contained in the report.
OROERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
the report be received and adopted. Carried Unanimously.
No. 563 - Chief Administrative Officer - Re: Inquiry from Mr. Cy McGuigan _
Plumbing D~ficiencies. The report attaches a report from the Senior Plumbing
Inspector in response to questions received from Mr. Cy McGuigan outlining
possible plumbing deficiencies in municipal and private buildings.
Mr. Cy McGuigan was granted permission to speak on the motion of
Alderman Cummings, seconded by Alderman Baker. /he motion Carried on the
following vote:
AYE:andAldermensomerville.Baker' Cummings, Hinsperger, Keighan, Merrett, Orr, Putttck,
NAYE: Aldermen Coville, and Janvary.
Mr. McGuigan referred to the report and refuted a number of comments
Contained in the attachment. Following a brief discussion it was moved by
Alderman Puttick, seconded by Alderman Merrett, that the matter be referred
to the Municipal Works Committee for further discussion with Mr. McGuigan in
attendance. The motion was Defeated with the following vote:
AYE: Aldermen Merrett, and Puttick.
NAYE: Aldermen Baker, Coville, Cummings, Janvary, Hinsperger, Keighan, Orr,
and Somerville.
DUring the discussion that followed His Worship Mayor Smeaton suggested
that a meeting might be held in his office with Mr. McGuigan and the Senior
Plumbing Inspector in attendance for a full discussion of the points of
contention.
ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that
a meeting be arranged between Mayor ~meaton, Mr. McGuigan and the Senior
Plumbing Inspector to review the report. The motion Carried with the following
VOte:
AYE: Aldermen Baker, CovLIIe, Cummings~ Janvary, Hinsperger, Keighan~
Merrett, Orr, and Somerville.
NAYE: Alderman Puttick.
-6 -
No. 564 - Chief Administrative Officer - Re: Reserve Fund Allocation. The
report recommends that approval be given to reallocate funds currently on
reserve in the 1984 budget to cover the cost of three used compreasora for
the City arenas. During the discussion it was suggested that the Chief
Administrative Officer should commend the Recreation Department for its
efforts in this matter.
ORDERED on the motion of Alderman Cummings, aeconded by Alderman Somerville,
that the report be received and adopted. Carried Unanimously.
No. 565 - Chief Administrative Officer - Re: Ker Park Entrance. The report
recommends that the main entrance and address to Ker Park be Swayze Drive.
During the discuasion it was pointed out that guide signing on Stanley Avenue
should be considered, to assist out-of-town visitors to tournament events.
ORDERED on the motion of Alderman Cummings seconded by Alderman Hinsperger that th~
report be received subject to the consideration of additional guide signing
on Stanley Avenue. Carried Unanimously.
No. 566 - Recreation Cormntasion . Re: Drop-In Centre Project - S.T.A.R.T.
Report. The report reviewa action taken under the 1984 Summer Canada Works
program in connection with the handicapped people and their interests in
the Drop-In Centre for the !Disabl~', and · recommends that Council receive
and file the S.T.A.R.T. report.
OROERED on the motlon of Alderman Janvary, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 567 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $306,704.98 for the one week period
ending November 5th, 1984 be approved by the pasaing of the by-law appearing
later on the agenda.
Alderman Hinsperger declared a conflict of interesg on Cheque No. 04057
as an employee of the company.
Additional information was provided on Cheque No. 04085.
ORDERED on the motion of Alderman Coville, seconded by Alderman Somerville,
that the report be received and adopted. The motion Carried with Alderman
Hinsperger abstaining from the vote on a Cheque No. 040--~ona conflict of
interest previously recorded, and all others voting in favour.
No. 568 - Chief Administrative Officer - Re: Proposed ClosiNg and Sale of
Walkway 48'(2) between Village Crescent and Frontenac Street, and Proposed Sale
of 10 Foot Wide Strip of Land (Unopened Walkway 48(3)) running northerly from
McLeod Road to Walkway 48(2). The report recommends that Council pass the
followinS by-laws on tonight's agenda with respect to the proposed closing and
sale of the public walkway between Village Crescent and Frontenac Street, and
the proposed sale of the 10 foot wide strip of land running northerly from
McLeod Road to the walkway between Village Crescent and Frontenac Street:
1) A by-law to authorize an agreement with the owners of land abutting the
public walkway between Village Crescent and Frontenac Street;
2) A by-law to assume the above walkway;
3) A by-law to authorize agreements with owners of land abutting a 10 foot
wide strip of land running northerly from McLeod Road in Township Lot 173
of the former Township of Stamford.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker,
that the report be received and adopted. .Carried Unanimousl~.
See By-law No. 84-259,
By-law No. 84-260, and
.B~-law No. 84-261.
No. 569 . Chief.Administrative Officer - Re: Lot 23, Palls Industrial Park.
The report recommends that Council approve of a Request for Reserve from
Marine Clean Limited on Lot 23, Reg~etered Plan M-67, until January 28, 1985.
ORDERED on tile motion of Alderman CummlngB, seconded by Alderman Htnsperger,
that the report be rece£ved and adopted. ~arrled Unanimously.
- 7 -
No. 570 . M~ayor Smeaton _ Items discussed with Mr. Rob Nicholson, M.P.
~he report advises that on October 30th, 1984 His Worship Mayor Smeaton, and
the Chief Administrative Officer discussed the following
Prostitution, Duty Free Stores, People Mover System, and issues: O.W.M.C.,
Industrial Competi-
tion from U.S. His Worship Mayor Smeaton discussed contacts he had made with
members of the Provincial government, and his intention to have continued
liaison with Mr. Nicholson.
During the discussion it was pointed out that new Federal GOVernment
programs were anticipated, and the Chief Administrative Officer was directed
to monitor any new programs that the Federal GOvernment might be initiating
which would be beneficial to the City of Niagara Falls, and report to Council.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that
the report be received and filed. Car~ried Unanimously
No. 571 . Chief Administrative Officer - Re: Registration By-law for Group
Homes. The report recommends that the by-law listed on tonight's agenda
to provide for the registration of group homes be passed by Council.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that
the report be received and adopted, and further, that a copy of the report
be forwarded to the Social Planning Council for information.
~arried Unanimously
S~ee B~-law No. 84-262.
RESOLUTIONS
No. 106 - ~.UMMINGS . HINSPERGER .
WHEREAS the Minister of Justice and Attorney General of Canada and the Minister
of National Health and Welfare of the Government of Canada established the
Committee on Sexual Offences Against Children and Youths with a mandate "to
inquire into the incidence and prevalence in Canada of sexual offences against
children and youths and to recommend improvements in laws for the protection
of young persons from sexual abuse and exploitation,, with instruction to
obtain "comprehensive factual information,, about these issues and also to
"examine the problems of juvenile prostitution and the exploitation of young
persons for pornographic purposes";
AND WHEREAS during the century following Confederation in 1867 there was no
major revision of the complete legal framework of the Canadian criminal law of
sexual offences, however since the beginning of the 1980'a several significant
legislative amendments and proposals have been brought forward in response to
a growing public concern about the need to provide better protection against
these crimes;
AND WHEREAS the Committee's mandate was to determine the adequacy of the laws
and other means used by the community in providing protection for children
against sexual offences and to make recommendations for improving their
protection;
AND WHEREAS the Committee submitted its voluminous Report dated August 1984
entitled "Sexual Offences Against Children" to the Federal Minister of Justice
and Attorney General of Canada and the Federal Minister of National Health and
Welfare which contains 52 Recommendations under the following titles:
Office of the Commissioner (Recommendation 1)
Education for Protection (Recommendation 2)
Reform of the Sexual Offences (Recommendations 3-17)
Principles of Evldence (Recommendations 18-27)
Strengthening the Provision of Services (Recommendations 28-34)
Information Systems (Recommendations 35-38)
Research (Recommendations 39-40)
Juvenile Prostitution (Recommendations 41-48)
P°rn°Sraphy (Recommendations 49-52)
THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls petition
the Government of Canada and the Government of Ontario to seriously consider
the implementation of the 52 Recommendations contained in the August 1984
Report of the Committee on Sexual Offences Against Children and Youths~
AND the Seal of the Corporation be hereto affixed.
~arried Unanimously.
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No. 107 - JANVARY - COVILLE - RESOLVED that the unit price submitted by
G. DeStefa~o Construction for the demolition of Oakes Park Grandstands, be
accepted at the low tendered amount of $3,850.00; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings,
that leave be granted to introduce the following by-laws and the by-laws be
read a first time:
No. 84-259 - A by-law to authorize an agreement with the owners of land
abutting the public walkway between Village Crescent and
Frontenac Street.
No. 84-260 - A by-law to assume a public walkway between Village Crescent and
Frontenac Street.
No. 84-261 - A by-law to authorize agreements with owners of land abutting a
10 foot wide strip of land running northerly from McLeod Road in
Township Lot 173 of the former Township of Stamford.
No. 84-262 - A by-law to provide for the registration of group homes.
No. 84-263 - A by-law to appoint Douglas A. Darbyson Director of Planning and
Development.
No. 84-264 - 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.
No. 84-265 - A by-law to authorize an agreement with Paul Learn.
No. 84-266 - A by-law to authorize the execution of an agreement with
G. DeStefano, carrying on business as G. DeStefano Construction
for the demolition of Oakes Park grandstands.
No. 84-267 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Hinsperger abstaining from the vote on By-law
No. 84-267 on a conflict of interest previously recorded in Report No. 567,
and all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
the following by-laws be now read a second and third time:
No. 84-259 - A by-law to authorize an agreement with the owners of land abutting
the public walkway between Village Crescent and Frontenac Street.
No. 84-260 - A by-law to assume a public walkway between Village Crescent and
Frontenac Street. .~
No. 84-261 - A by-law to authorize agreements with owners of land abutting a
10 foot wide strip of land running northerly from McLeod Road in
Township Lot 173 of the former Township of Stamford.
No. 84-262 - A by-law to provide for the registration of group homes.
No. 84-263 - A by-law to appoint Douglas A. Darbyson Director of Planning and
Development.
~o. 84-264 - 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.
,No. 84-265 - A by-law to authorize an agreement with Paul Learn.
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No. 84-266 - A by-law to authorize the execution of an agreement with
G. DeStefano, carrying on business as G. DeStefano Construction
for the demolition of Oakes Park grandstands.
No. 84-267 - A by-law to provide monies for general purposes.
The motion Ca_~rried with Alderman Hinsperger abstaining from the VOte on By-law
No. 84-267 on a conflict of interest previously recorded, and all others
voting in favour.
NE.__WBUSINESS
CONGRATULATIONS _ DIREcToR OF PLANNING & DEVELOPMEN-r
His Worship Mayor Smeaton offered congratulations to Mr. Doug Darbyson,
the newly appointed Director of Planning and Development, and welcomed him to
the position on behalf of the members of Council.
MINISTER OF MUNICIPAL AFFAIRS & HOUSINC
Alderman Cummings referred to the handout conununication from the Minister
of Municipal Affairs
to Mr. J.E. Campbell~and Housing dated September 24th, 1984, which w s addressed
· corrmlunication requestschairman of the Regional Municipality of Niagara. The
comments regarding the method of selection of the
Chairmen of regional and district municipalities and electoral reform. His
Worship Mayor Smeaton discussed the concern expressed at the Region with respect
to the matter, and suggested that the matter might be referred to Staff to
review the factors involved and report back to Council.
SCHOOL CROSSING GUARD HOURS
" ,Alderman Or~ expressed concern regarding school crossings. She referred
to the'schooi crossings being guarded from 8:30 a.m. to 9:00 a.m. and the danger
to children who: were crossing on Victoria Avenue between 9:00 a.m. to 9:15 a.m.,
being lategoers. She requested a cost estimate for an additional 15 minutes
in the morning, and during the lunch period, for a crossing guard.
O_..W.M.C. & VISIT OF HON. A. BRANDT
Alderman Keighan referred to the recent visit to Niagara Falls of the
Honourable Andy Brandt, Minister of the Environment, and the subsequent article
in the local newspaper regarding matters related to the quality of the Water
and efforts of the O.W.M.C. to have 3 plants in the area to correct the problem.
He discussed hie concerns regarding the situation.
ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the
MiniSter of the Environment be asked to arrange a meeting with Gartner Lee Assoc-
iates, and 'Staff, in order that the Municipality might receive the results of
tests taken at the proposed industrial waste candidate sites.
Carried Unanimousl .
His Worship Mayor Smeaton reviewed actions taken with respect to the
proposed candidate sites by Dr. Chant, the O.W.M.C., and the City, and stressed
the ~im~rtanG~.of obtaining replies to the questions of the Municipality.
ORDERED on the motion of Alderman Ketghan~ seconded by Alderman Coville,
that Council communicate to the Honourable Andy Brandt, Minister of the Envir-
Oament, the importance of bringing pressure to bear on the United States Federal
GOVernment, the State of New York~ and the City of Niagara Falls~ New York~ with
respect to the pollution problem. .Carried Unanimously.
CO__NDITION OF LUNDY'8 LANE
Alderman Puttick initiated a discussion regarding the need for "cleaning
up Lundy'e Lane". Mayor 8meaton advised that he had asked Staff to investigate
and report on the matter. He suggested that additional receptacles could be
placed in the area, and that residents and schools might be approached with
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respect to a "clean-up 'campaign".
It was moved by Alderman Merrett, seconded by Alderman Coville, that the
meeting adjourn to Committee of the Whole. Carried Unanimousl .
TY CLERK ~YOR WILLI~. SMEATON
COMMITTEE OF THE WHOLE
Conm~ittee Room #1
November 5, 1984
Council met on Monday, November 5th, 1984, at 10:O0 p.m. in Committee of
the Whole following a Regular Meeting. All members of Council were present
with the exception of Aldermen Chessman, and Kettle. Alderman Keighan presided
as Chairman.
Following consideration of the item presented, the Committee of the Whole
arose without reporting.
~.~CLERK
/ ~ COUNCIL MEETING
Council Chambers
November 5, 1984
Council reconvened in formal session on Monday, November 5th, 1984,
following a meeting in Committee of the Whole. Ail members of Council were
present with the exception of Aldermen Cheeeman, Kettle, and Puttick. His
Worship Mayor Smeaton presided as Chairman.
The meeting adjourned.
ED,
/~TY CLMRK
THIRTY-EIGHTH MEETING
Committee Room #1
November 12, 1984
Council met on Monday, November 12th, 1984 at 7:15 p.m. in Comraittee of
the Whole. Ail members of Council were present with the exception of
Aldermen Baker, Merrett, and Somerville. Alderman Hinsperger presided as
Chairman.
Following consideration of the item presented the Committee of the Whole
arose without reporting.
P~ANNINO ~SSTIN_qO
Council Chambers
November 12, 1984
Council met on Monday, November 12th, 1984 at 7:30 p.m. for the purpose
of considering Planning Matters. Ail members of Council were present with the
exception of Aldermen Baker, Merrett, and Somerville. His Worship Mayor
~eaton presided as Chairman. Alderman Chessman offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Coville requested that the minutes of the meeting held NOVember
Sth, 1984 be amended under New Business, .OW.M.C. &Vlsit of Hon. A. Brandt, be
emended to read:
ORDERED on. the motion of Alderman Coville, seconded by Alderman Orr, that the
Minister of the Environ~ent be asked to arrange a meeting with Gartner Lee Assoc-
iates, and Staff in order that the Municipality might receive the results of tests
taken at the proposed industrial waste candidate sites. Carried Unanimousl~i
ORDERED on the motion of Alderman Hinsperger~ seconded by Alderman Keighan,
that the amended minutes of the meeting held November 5th, 1984~ be adopted.
Carried Unanimousl .
REPORTS - REGULAR MATTERS
No. 572 . Chief Administrative Officer - Re: Participation in the Canada Works
~ogram. The report recon~nends that City Council authorize participation in
the Canada Works Program for 1985, and further, that the Corporation's contri-
bution to funding be approved through a transfer of 1984 current budget funds
to a reserve for 1985 of $22,087.00.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
No. 573 - Chief Administrative Officer - Rs: 0akes Park Baseball Diamond
Stands. The report recommends the following:
l) That the concept of the replacement Oakes Park baseball diamond stands~ as
illustrated by the preliminary design plans posted at the meeting, be
approved;
~} That authority be granted to proceed with the detalled design and tender-
ing of the replacement stands;
3) That demolition costs and engineering fees be funded from the Special
Purpose Reserve for Cakes Park improvements (Acct. 12156). The coat of
construction of the new stands be funded as follows:
i) Parks Development Fund - $160,000
ii) Public Purpose Funds (Parks Acquisition Fund) - $260,000
~it) 1985 Operating Budget - Balance if necessary
- subject to the two Parks Reserve Funds being replenished in the near
future with Federal/Provincial Grants for the stands, funds realized
through the sale of City-owned park lands, or budgets.
-2 -
Alderman Cummings declared a conflict of interest since he is employed by
the company involved in the design.
A brief discussion followed during which it was pointed out that the
change rooms were to be included as a separately tendered item.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that
the report be received and adopted. Carried Una~
REPORTS - PLANNING MATTERS
No. 574 - (PD 89/84) - Chief Administrative Officer - Re: AM-14/84 Zoning
amendment application. Applicant: Mr. R. DiPaolo. Location: North side of
P?rtag~.Road, east of Stanley Avenue, adjacent to the Hydro Reservoir. The
report recommends that Council approve this zoning amendment.
His W~rshi~"Mayor Smeaton advised of the holding of the Public Meeting
to consider the proposed amendment to the zoning by-law and requested the
City Clerk to provide details and the method and dates by which Notice of the
Public Meeting was given.
The Clerk advised of the location of the subject lands, and further, that
the proposal is to permit some rear lands of a single family lot, presently
zoned Prestige Industrial, to he zoned R1E single family residential. He
stated that the Notices of the Public Meeting were forwarded by first class
mail on October 9th, 1984.
In response to the request of Mayor Smeaton, Mr. R. DiPaolo, Applicant~
indicated his presence at the meeting.
Mayor Smeaton requested an indication of the presence of persons
other than the applicant in favour of the application, as well as persons
opposed, and received no response. He requested that any persons wishing to
receive further notice of the passage of the by-law to leave their names and
addresses with the Clerk prior to leaving the meeting. Mayor Smeaton
reviewed the procedure under the New Planning Act, and asked the Director of
Planning & Development to explain the purpose and reason for the proposed
by-law amendment.
The Director of Planning & Development explained that the application had
been received to change the rear portion of a parcel of property from PI
(Prestige Industrial) to RIg (Residential Single Family, to per, nit the use of
the entire property for a single family residential use. With the assistance
of posted sketches the Planning Director demonstrated the subject property.
Mr. Ross DiPaolo~ Applicant, confirmed that hie proposal was explained
in the Technical Report.
A negative response was received to Mayor Smeaton~s request for further
questions. He declared the Public Meeting with respect to the proposed
zoning by-law amendment was concluded.
ORDERED on the motion of Alderman Kerrto~ seconded by Alderman Hlnaperger~
that the report be received and adopted. Carried Unanimously.
No. 575 - (PD/90/84) - Chief Administrati.__~ve Officer - Re: AM-16/84 Zoning
amendment application. Applicant: B. Antonsen. Location: South side of
Beaverdams Road, west of Beechwood Road and west side of Beechwood Road,
north of Beaverdams Road, "Beechwood Golf Course" Expansion. The report
recommends that the application be approved subject to site plan control.
His ~rship Mayor Mmeaton provided information with respect to the Public
Meeting and requested the City Clerk to provide further details as well as the
method and dates of the Notice of Public Meeting.
The Clerk adv%sed that a detailed Technical Report on this zoning amend-
ment application was prepared and available to the public and applicant for
approximately one week. He further advised that the effect of the application
was to permit the expansion of the Beechwood Golf Course onto approximately
-3 .
40 acres of land presently Zoned Agricultural and Hazard Land. The Clerk stated
that Notices of the Public Meeting had been forwarded by first class mail on
October 10th, 1984.
His Worship Mayor Smeaton indicated that the applicant was present at the
meeting. He received no response to his request for an indication of the
presence of persons in favour of the amendment other than the applicant, or
opposed. Mayor Smeaton advised that any persons wishing further notice of the
passage of the by-law should leave their names and addresses with the Clerk
prior to leaving the meeting. He explained the procedure under the New Planning
Act.
In response to Mayor Smeaton's request, the Planning Director demonstrated
the subject lands with the assistance of a posted sketch. He reviewe informa-
tion contained in the Background data of the report, and discussed the three
properties in the application. The Planning Director advised that the recom-
mendation is being made that the land be placed under site plan control in
order to generally safeguard concerns regarding fencing, landscaping, the
proper location of road crossings for golfers, and service utilities.
Mr. B. Antonse~ advised that he was prepared to reply to questions raised,
that the expansion was to provide an 18 hole golf course, and that concerns of
neighbours could he satisfied.
Mayor Smeaton received no response to a request for further comments or
questions, and declared the Public Meeting closed.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coville~ that
the report be received and adopted. Carried Unanimousl~
No. 576 - (PD/88/84) . Chief Administrative Officer -
amendment application. ~. Re: AM-15/84 Zoning
Location: 5140 Portage
Road. The report recommends that the application be denied.
In response to the request of Mayor Smeaton, the City Clerk explained that
the effect of this application is to permit a single family dwelling which has
recently been enlarged to now be used as a two-family dwelling. He advised
that the NoticeofthePublic Meeting had been forwarded by first class mail on
October llth, 1984.
Mrs. Pauline Vaillancourt, the Applicant, indicated her presence at the
meeting.
His Worship Mayor Smeaton requested an indication of persons present other
than the Applicant who were in favour of the amendment~ and were in opposition
to the propoaal~ and received several responses.
Mayor 8meaton reviewed the procedure of the meeting under the New Planning
Act.
The Director of Planning & Development explained that the expansion of
the single family home had already been permitted by the Committee of Adjustment
in February 1983, subject to the property being maintained for single family
residential purposes; that the surrounding land uses were predominantly single
family residences of good quality and maintenance; that the subject property
was significantly undersized in terms of lot width .in relation to normal zoning
requirements for a two-family dwelling; and that residential conversions were
normally encouraged in peripheral commercial areas, mixed laed use areas and
areas in transition. He demonstrated the subject property with the assistance
of a posted sketch, and replied to questions raised regarding the existing
building, lot ~ize, maintenance of neighbouring properties, and the facilities
permitted in a single family unit.
Mr.D.Vaillancourt discussed the recent addition to the rear of the subject
building~ and explained that this did not change the width of the building.
Re reviewed the family's living arrangements~ the convenience of locating hie
home on the propert¥~ advised that two kitchens were required in order to have
two families living in the dwelling~ sad further advised that the two units
Would be adjoined by a door on two different levels.
!ir
-4-
Mr. Tom Bateman, 5146 Portage Road, advised that he was in favour of
the proposed amendment.
His Worship Mayor Smeaton requested comments from persons opposed to
the application.
Mr. Nick Roth, 5030 Portage Road, addressed Council to express objection
to the proposed amendment. He read a petition which stated that the re-zoning
would not be in the best interest of all now and in the future because of the
property size, and the possible devaluation of neighbouring properties. Mr.
Roth suggested that approval of the application could create a precedent. In
reply to questions raised Mr. Roth stated that the concerned residents in the
area had not been notified of the aforementioned Committee of Adjustment
Hearing which would have been opposed.
Mca. Pauline Vaillancourt reviewed background details leading to the
application for re-zoning· She stated that permission was granted for any
number of rooms, and bathrooms, but just one kitchen. She further stated that
with her son, his wife and two children living in the dwelling, two kitchens
were necessary; that her son was going to take over the family business;
and extended family living in the building was more convenient· She replied
to questions raised regarding the intended living arrangements at the time of
the Committee of Adjustment Hearing.
The Planning Director responded to questions raised by advising that an
additional kitchen was defined as creating a second dwelling. A discussion
followed with respect to a number of homes in the City which include a second
kitchen; the current economic conditions which might require extended families
living together; the connecting entrances between the two units; urban
renewal studies with recommendations concerning older homes; the cost of home
expansion; the objections of nearby residents to the amendment; and the effect
of the amendment on the entire subject area.
His Worship Mayor Smeaton declared the Public Meeting closed.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinaperger,
that the report be received and adopted, and the application denied. The
motion Carried_~with the following vote:
AYE: Aldermen Chessman, Coville, Cummings, Hinaper§er, Janvary, Keighan,
Kerrio, and Orr.
NAYE: Alderman Putttck. ~
No. 577 - (PD/92/84) - Chief Administrative Officer - Re: Environmental
Challenges Conference l~report advises that Environment Canada is
sponsoring a Conference on November 23 and 24, 1984 in Hamilton, recommends send-
ing a Planning Staff member and.Gretchen de Boer, and that the report be received.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hinsperger, that
the report be received and adopted. ~Ca~riedUnanimously.
ORDERED on the motion of Alderman Rinsperger, seconded by Alderman Cummings,
that Aldermen Coville, and Janvary, be authorized to attend the Conference.
Carried Dnanimousl .
No. 578 - (PD/93/84) - Chief Administrative Officer - Re: Ontario Neighbourhood
Improvement Pcogram and the Commercial Area 'Improvement Program - 1985-86
Program Year. The report recommends, that the Municipality's participation in
the 1985-86 Ontario Neighbourhood Improvement Program and the Commercial Area
/mprovement Program be referred to Staff for consideration.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hineperger,
that the report be received and adopted. Carried Unanimousl .
No. 579 - (PD/91/84) - Chief Administrative Officer - Re: Planning &
Development Activities Report for August to Octobe----~'~, 1984. The report includes
information regard~n$ Statue of Planning Studies, Development Review, and
Recently Released Reports & Other Items'of Interest, and recommends that the
report be received and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that
the report be received and adopted. Carried Unanimous1 .
-5 .
No. 580 - (PD/94/84) ~ ~~ni_.s,~r~ve Officer - Re: Letter ·
Hamilton on Renaming a City Street "Sotidarnosc- ~ from Cxty of
· ~,e report refers to the
aforementioned suggestion from the City of Hamilton in recognition of the
Polish people in their struggle for independence and their current quest for
freedom from Russian domination; advises that the Street Name Committee felt
that the Polish spelling of the word might create difficulties and therefore
suggested the word "Solidarity,, be used instead, and added to the List for
Possible New Street Names; and recommends that the report be received and
filed and a copy be sent to the City of Hamilton for their information·
Following a brief discussion regarding the matter, it was moved by
Alderman Cheesman, seconded by Alderman Kerrio, that the report be tabled and
returned to the Street Name Committee for further consideration. The motion
was Defeated with the following vote:
AYE: Mayor Smeaton, and Aldermen Cheesman, Kerrio, Orr, and Puttick.
NAYE: Aldermen Coville, Cummings, Hinsperger, Janvary, and Keighan.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report'be received and adopted. The motion was Defeated with the
following vote:
AYE: Aldermen Coville, Cummings, Hinsperger, Janvary, and Keighan.
NAYE: Mayor Smeaton, and Aldermen Chessman, Kerrio, Orr~ and Puttick.
His Worship Mayor Smeaton advised that the matter would be re-introduced
at a later date.
REPORT
No. 581 - Chief Administrative Officer . Re: Accounts By-law 84.10.29 -
Cheque No.~'Robinson---~--~--onConstruction' The report advises that
the aforementioned Bob Robson & Son Construction was engaged to install a
sanitary Sewer lateral on the road allowance for the Medical Clinic at Main
and Bridgewater Streets, and recommends that the report be received and filed.
Mayor Smeaton pointed out that Alderman Somerville, who had requested the
report, was not present.
ORDERED on the motion of Alderman Hinsperger~ seconded by Alderman Kerrio, that
the report be tabled. The motion Carrie_____~d with the following vote:
AYE: Aldermen Cheeaman, Coville, Cun~nings, Hinsperger, Janvary, Keighan,
Kerrio, and Puttick.
NAYE: Alderman Orr.
NEW BUSINESS
RAILWAY TRANSPORT COMMITTEE
A CNCP Telegram was received from Mr. John O'Hara, Secretary of the
Railway ~ansport Committee regarding the proposed acquisition by Erie Express
Railway Corporation under Section 27 of the N.T.A. acknowledging receipt of
a Telex dated November 8th, 1984 requesting additional information from Erie,
as well as requesting additional time to assess Erie's financial package.
The communication advises that notice of areas of concern should be given by
Wednesday~ November 14th, 1984, and further, that the Hearing would resume
on Friday, November 16, 1984.
ORD~D on the motion of'Alderman Cheesman~ seconded by Alderman Kerrio~ that
he~communioation~.~4,,~ ~ ~ be ~ecetved and filed. Carried Unanim~ ~
STRATEGY & WORKPLAN FOR ECONOMIC DEVELOPMENT
FOR THE CITY OF NIAGARA FALLS - B.I.G. AGENCY
Alderman Puttick initiated a discussion regarding the Strategy & Workplan
for Economic Development for the City of Niagara Falls which had been prepared
by Mr. Charles Chataway, Director of Economic Development for the S.I.G. Agency
and presented at the meeting of City Council on October 29th, 1984. Alderman
Putttck referred to page 4 of the report which states that representatives from
the twelve Municipalities in the Region hsd met with the N.R.D.C. to define
respective roles of the N.R.D.C. and the area development officers. In reply
-6-
to questions raised regarding whether the N.R.D.C. had been contacted in
connection with any changes in the City~ or input to the report, the Chief
Administrative Officer advised that there was liaison between the two parties
but that he was not aware if they had been provided with a copy of the report.
Mr. Gordon Wyll~ie addressed Council as a former member of the B.I.G. and
explained that the 'representatives probably do not meet more than once each
year. He suggested that Mr. Chataway or the B.I.G. Executive could be
contacted to clarify the situation.
ORDERED on the motion of Alderman Kelghan, seconded by Alderman Cheesman,
that Mr. Charles Chataway, or the B.I.G. Executive be asked to clarify the
comments on page 4 of the report, and invited to attend a Council meeting to
discuss the matter. The motion Carried with the following vote:
AYE: Aldermen Cheesman, Covtlle, Cummings, Htnsperger, Janvary, Ke£ghan,
Orr, and Somerville.
NAYE: Alderman Putt£ck.
MARKET VALUE ASSESSMENT
Alderman Cummings referred to a request made at the meeting of City Council
held September 24th, 1984, for information from the Honourable Bud Gregory,
Minister of Revenue~ regarding the direction of the Provincial Government to
Scarborough that Market Value Assessment should not be considered unless all
areas of Metropolitan Toronto were in agreement with the system. The Chief
Administrative Officer advised that Council had been provided with newspaper
clippings regarding the matter, and the Municipalities concerned had been
contacted to ascertain the facts. He further advised that he would be in touch
with the Minister of Revenue with respect to the situation.
PROPOS___.___ED CHIPPAWA DROP-IN CENTRE
Alderman Htnsperger expressed his concern regarding the need for a.'Drop-In
Centre in Chippawa, and suggested the use of a school g~mnasium for this
purpose. He suggested that the program should be aimed at the young people
under 16 years who do not have access to recreational facilities in the City
because of bus service to the Chippawa area.
ORDERED on the motion of Alderman Hlnsperger, seconded by Alderman Cummings,
that the proposed for a Drop-In Centre in Chtppawa be referred to the
Recreation Department for investigation and a report in two or three weeks.
Carried Unanimousl .
GUIDE SIGNING FOR CRIPPAWA
Alderman Hinsperger referred to the need for additional guide signing for
accommodation and restaurants to the Chippawa area to. be erected.at 'the end,of
the Hydro Road at Portage Road. He advised that'he, would discuse the matter at
tho'.next meeting ..of the ~htppawa Business Association.. Mayor ~meatQn Suggested
thet. a ,let~er,~f support from the Association would be helpful~
It was moved by Alderman Puttick, seconded by Alderman Hinsperger, that
Council adjourn to Committee of the Whole. Carried U~animousl .
READ AND AD D ~
, COMMITTEE OF THE WHOLE
Co~ittee Room t/1
November 12, 1984
Council met on Monday, November 12th, 1984, at 9:10 p.m. in Committee of
the Whole followln8 a Planning Meettn8. All members of Council wore present
with the exception of Aldermen Baker, Kerrio, Merrett, and Somerville. Alderman
Hinsperger presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
C .ER ....
COUNCIL MEETING
Council Chambers
November 12, 1984
Council reconvened in formal session on Monday, November 12th, 1984,
following a meeting in Committee of the Whole. All members of Council were
present with the exception of Aldermen Baker, Kerrio, Merrett, and Somerville.
His Worship Mayor ~meaton presided as Chairman.
The meeting adjourned.
CLERK
THIRTY-NINTH MEETING
REGULAR MEETING
Council Chambers
November 19, 1984
Council met on Monday, November 19th, 1984 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman Merrett. His Worship Mayor Smeaton presided as Chairman.
Alderman Cummings offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that
the minutes of the meeting held November 12th, 1984, be adopted as printed.
Carried Unanimousl~
PRESENTATIONS
GRADER OPERATOR'S TRAINING COURSE - ONTARIO GOOD ROADS ASSOCIATION
His Worship Mayor Smeaton presented Messrs. Robert Corfield, and William
Smith with Certificates as graduates of the Grader Operator's Training Course
which is sponsored by the Ontario Good Roads Association. He extended con-
gratulations on behalf of Council.
DEPUTATION
HAWKER & PEDLAR LICENCE - MR. JORGE FONSECA
Mr. Jorge Fonseca, Stoney Creek, was not present at the meeting to address
Council regarding a Hawker and Pedlar Licence to sell stereos, housewares, etc.,
door to door.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings, that
the matter be tablad. Carried Unanimously.
UNFINISHED BUSINESS
ONTARIO COUNCIL OF REGENTS FOR COLLEGES OF APPLIED ARTS & TECHNOLOGY -
APPOINTMENT TO BOARD OF GOVERNORS
Communication No. 362 - Ontario Council of Regents for Colle~ied Arts
- Re: Appointment of a new member to the Niagara College Board
Governors, The communication advises that Ms. L. Savriga has been appointed
to the college board for a term commencing January 1, 1985 and expiring
December 31, 1987.
Alderman Orr' declared a conflict of interest because she is employed by
the Board.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Keighan,
that the communication be received and filed. The motion Carried with Alderman
Orr abstaining from the vote on a conflict of interest previously recorded, and
all others voting in favour.
NIAGARA REGIONAL POLICE FORCE -
LI~CENSING DY-LAW 76-102_~___~SSAGIST~
Communication No. 363 - ~ara Police Force - Re: Licensing Dy-law
76-102, Maasagists. The communication advises that the Police Force is prepared
to assist the City in enforcing the by-law when requested by the City.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Htnsperger,
that the communication be received and filed, and further, that a copy of the
letter be forwarded to Mr. Tom Prue. Carried Unanimous_~J~
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NIAGARA FALLS, CANADA, VISITOR & CONVENTION BUREAU - FUNDING REQUEST -
FOR VICTORIA A¥£NUE BUSINESS ASSOCIATION - 2ND ANNUAL 'FESTIVAL OF LIGHTS'
It was moved by Alderman Kerrio, seconded by Alderman Cheesman, that
Communication No. 349 from the Niagara Falls Visitor & Convention Bureau
which requests a $5,000 contribution from the City for the 'Festival of Lights'
and which was referred to the Finance Committee for consideration at the Council
meeting held October 29th, 1984, be discussed at this time. Carried Unanimously.
Alderman Cummings advised that this matter had been considered at a recent
meeting of the Finance Committee, and that a motion had been proposed to request
Council's approval of a grant in the amount of $2,000.
Following further discussion, it was moved by Alderman Cummings, seconded
by Alderman Orr, that $2,000 be granted to the Victoria Avenue Business Association
for the 2nd 'Festival of Lights'. The motion Carried with the following vote:
AYE: Aldermen Baker, Cheesman, Cummings, Janvary, Keighan, Kerrio, Orr,
Puttick, and Somerville.
NAYE: Aldermen Coville, and Hinsperger.
GREEN OAKES MOBILE HOME PARK -
REPORT OF CHIEF ADMINISTRATIVE OFFICER
Report No. 582 - Chief Administrative Officer - Re: Green Oakes Mobile Home
Park. The report advises of the results of inspections made to the Green Oakes
Mobile Home Park by the Ontario Hydro, the Health Inspector, the City By-law
Enforcement Officer, and the Fire Department, and recommends that the contents
of the report be noted, and that Council determine if further action is required.
Mr. Malcolm Gibson addressed Council with reference to his presence at a
previous Council meeting on October 29th; Market Value Assessment and increased
taxes; and a friend who had died. He discussed a recent article in the local
newspaper with accompanying pictures in connection with raw sewage on the ground
and potholes at the Park. He further discussed his action taken in the presence
of the Plumbing Inspector on November 15th, whereby he had exposed the camp site
connection to the Park's sanitary sewer system made by Mr. Ron Hughes and Mr. W.
Groves, camp site ~enan~s at the Park. Mr. Gibson referred to the "stolen"
gravel, the visit of Alderman Baker and the Inspectors to the Park, the filling
of the potholes, and the speed bumps he had constructed to slow the traffic in
the Park. He referred further to missing fire extinguishers, two of which had
been stolen, and stated that the Police had been asked to investigate the theft
of gravel.
- AND -
Communication No. 364(a) - Senior Plambin~ Inspector - Re: Green Oakes Trailer
Camp. The communication which was forwarded by Registered Mail to Mr. Pon
Hughes, advises that a permit was not issued to connect the subterranean piping
carrying storm water to the sanitary system, nor would such a permit be issued,
and further, that if the complaint is correct other action may be taken.
- AND -
Communication No. 364(b) - Senior Plumbing Inspector - Re: Green Oakes Trailer
Camp. The communication was forwarded by Registered Mail to Mr. W. Groves, and
was identical to communication number 364(a).
During the discussion that followed the Chief Administrative Officer made
the suggestion that the City continue working with Mr. Gibson in order.to resolve
the concerns. It was pointed out that if the problems were not resolved the
licence'to operate the park might be revoked.
Mr. William Groves was granted permission to address Council on the motion
of Alderman Baker, seconded by Alderman Coville. -~he motion Carried with
Aldermen Kerrio, aqd Orr voting contrary, and all others voting in favour. Mr.
Groves advised of the sewer problems he had encountered at the Trailer Park
which he had repaired with Mr~ Gibson providing the pipe, the lack of evidence
during the' Police investigation of stolen property, and other problefns.
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Members of Council discussed the deterioration in relationships and sub-
standard conditions at the Trailer Park, the desirability of having tenants
improve living conditions, the cost of the City's involvement in the situation,
as well as enforcement of the by-laws. It was pointed out that this problem
should not be -'different from other concerns of the City.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the
report be received and filed. The motion Carried with the following VOte:
AYE: Aldermen Cheesman, Coville, Cummings, Hinsperger, Janvary, Keighan,
Kerrio, Orr, Puttick, and Somerville.
NAYE: Alderman Baker.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that
the communications be received and filed. Carried Unanimously_:
DEREGULATION _ TELECOMMUNICATION INDUSTRY _
APPLICATION BY CNCP AND BC RAIL
Communication No. 343(a) ~ City of Toronto - Deregulation _ Telecommunication
Industry (Tabled from October 29th, 1984). The communication refers to the
aforementioned and the Application by CNCP and BC Rail, and expresses opposi-
tion because of a negative effect on the provision of reasonably priced,
universally accessible local telephone service.
~ AND -
Communication No. 343(b) - Brian A. Kilgore, Director of Public Affairs - Re:
Public Long Distance Telephone Service (Tabled from October 29th, 1984). The
telepost communication advises that background information will be forwarded
in order that a balanced view of the matter is provided.
- AND -
Communication No. 365 - Brian A. Kilgore~ CNCP Telecommunication~ _ Re:
Information Kits on Long Distance Service. The communication attaches infor-
mation kits on lower priced long distance service, advises that Toronto City
Council has re-opened the issue and has invited CNCP Telecommunications to
provide its assessment on how the proposal will lead to reduced telephone bills.
Alderman Hinsperger declared a conflict of interest because he is employed
by a company which might be affected.
In the brief discussion that followed it was pointed out 'that this matter
appeared to be a dispute between two opposing parties which would be settled
by the C.R.T.C.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Coville, that
the City decline to express an opinion, and that the communication be received
and filed. The motion Carried with Alderman Hinsperger abstaining from the vote
on a conflict of interest previously recorded, and with the following vote:
AYE: Aldermen Baker, Cheesman, Coville, Cummings, Hinsperger, Janvary, Keighan,
Kerrio, Orr, and Somerville.
NAYE: Alderman Puttick.
COMMUNICATIONS
No. 366(a)W. Berg Plumbin~ & Heatin$ - Petition - Re: Plumbing Regulations.
The petitign refers to a public statement by a local Master Plumber that the
"Water and Ball Test" is not done in the City, and advises that the Plumbing
Regulations are strictly enforced by the Plumbing Inspectors of Niagara Falls.
- AND .
No. 366(b)J. V. Cupolot Master Plumber - Re: Inspection Procedures. The
communication advises that standards for inspections in the City of Niagara Falls
are similar for competitors, that errors can occur, and further advises, that
the euggestion that plumbing is not properly inspected in the City is resented.
- AND -
No. 366(c).Sam 8ansalone~ Presidentt Eldorado Plumbin8 & Heating - Re: Ontario
Plumbin~ Code. The communication states that a local master plumber wastes a
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lot of time making unreasonable statements about plumbing matters in the City,
and suggests that all Master Plumbers, Inspectors and local officials should
work co-operatively to eliminate "night riders" who practise plumbing without
permits and licences.
ORDERED on the motion of Alderman Kerrte, seconded by Alderman Orr, that the
communications be received and filed. Carried Unanimously.
No. 339 - Minlstry of Municipal Affairs & Housing - Re: Provincial/Municipal
Working Committee on Open Meetings & Access to Information(Tabled from
October 29, 1984). The communication refers to the aforementioned report which
was established in April 1983 with a final report in May 1984, and attaches a
copy of the report for informational purposes.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
communication be received and referred to Staff to monitor and prepare any
internal amendments which may be required in the future. Carried Unanimously.
No. 367 - Ontario Waste Management Corporation . Re: Progress Report -
Preferred Site. The communication advises that an additional survey would be
undertaken along possible access routes to each of the eight candidate sites
beyond the areas surveyed earlier, reviews past actions connected with the
drilling program which will be concluded in the next few weeks, and further
advises that Gartner Lee Associates Limited would be discussing the results of
the analysis with local citizen's groups as soon as possible. The communication
provides information regarding future actions to be taken with respect to the
candidate eltes.
Alderman Cummings declared a conflict of interest because he is employed by
a firm which is involved in consultation of candidate sites.
ORDERED on the motion of Alderman Kerrto, seconded by Alderman Orr, that the
communication be received and filed. The motion Carried with Alderman Cummings
abstaining on a conflict of interest previously recorded, and all others voting
in favour.
No. 368 - Regional Niagara - Re: Boll Canada Five (5) Year Program to Rebalance
Rates between Local and Long Distance Service. The communication provides infor-
mation on the above mentioned for informational purposes.
Alderman Hinsperger declared a conflict of interest because he is employed
by the company involved.
ORDERED on the motion of Alderman Ketghan, seconded by Alderman Cummings,
that the communication be received and referred to Staff to determine the effect
on the City's telephone expenditure. The motion Carried with Alderman Minsperger
abstaining on a conflict of interest previously recorded~ and all others voting
in favour.
No. 369 - I.A.P.A. Safety Campaign Committee - Re: "Safety Month" - January
1985. The communication advises of the Annual Kick-off campaign sponsored by
the Industrial Accident Prevention Association for the month of January 1985
and requests a proclamation.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, tha.t
the request be approved subject to established policy. Carried Unanimously.
No. 370 - Federation of Canadian Municipalities(FCM) - Re: FCM Membership
Fee. The communication attaches an invoice for the 1985-86 membership fe~
in the amount of $4,967.20. ·
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the
commuuication be referred to the Finance Committee for consideration. The
motion C~_arried with the followin8 vote:
AYE: Aldermen Baker, Chessman, Covllle, Cummingsj Mlnsperger~ Janvary, Keighan~
Orr, Puttick~ and ~omerville.
NAYE: Alderman Ker~io.
No. 371 - Federation of Canadian Muntctpalittes(FCM) . Re: FCM Reaction to
Economic Statement. The communication attaches copies of the Federatton's news
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release regarding the aforementioned.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
communication be received and filed. Ca~rried U93nimously'
Niagara ~aNi ' . ' · ,
ncy Inc. - Re:
tion refers to.a dis-
cussion at a meeting of City Council held November 12th, and questions raised
concerning the Strategy and Workplan for Economic Development for the City of
Niagara Falls. It provides information with respect to a meeting at the office
of the N.R.D.C. with representatives of the Industrial Developer,s Committee
using the 1984/85 Workplan submitted by the N.R.D.C. as a guide to functions
approved by the Corporation, and attaches a copy of the minutes from the meeting.
Further information was provided regarding actions taken by the Director of
Economic Development and assurance given with respect to the co-operative
working relationship of the B.I.G., and N.R.D.C.
Mr. 3ohn Corfield, President of the Niagara Falls Economic Development
Agency Board (B.I.G.), and Mr. Charles C. Chataway, Director of Economic Der~
elopment were present at the meeting and responded to questions raised with
respect to the relationship between the B.I.G. and N.R.D.C. Mr. Corfield
stated that the Staff of the two agencies has a daily, ongoing contact, but
that there is not a 'BOard to Board, relationship with the N.R.D.C. He further
stated that N.R.D.C. issues are considered at B.I.G. Directors, meetings and
the minutes of the meeting are provided to the Staff of the N.R.D.C.; that
the President of the N.R.D.C. has been invited to meet with the B.I.G. at the
beginning of 1985 when a new Board has been installed; and discussed the
meetings of Committees of the B.I.G. and the N.R.D.C.
Mr. Chataway replied to questions raised regarding representatives of the
12 Municipalities; the communication from the B.I.G.; the Industrial and
Developer,s Committees; and-advised that no policy has been formally adopted
by the B.I.G. with the exception of the strategy statement included on page 2
of thereport. He stated that every effort was being made to avoid duplication.
Mr. Chataway advised that the Strategy report was not submitted to the N.R.D.C.
Board.
In response to questions raised Mr. Corfield advised that there had not
been a formal meeting of the B.I.G. and N.R.D.C. Boards; that copies of the
N.R.D.C. 1985 Budget had been received; referred to former B.I.G. Staff members
who had transferred to the Region and actions leading to the employment of Mr.
Chataway; and stated that the document would form a basis for the policy
direction of the B.I.G., and "forged at the Board level with the N.R.D.C.',
Mr. Chataway reviewed a portion of a Communication received from Mr. M.
Fischer, Manager~ N.R.D.C. in the past week with respect to Board to Board
communications and a meeting.
Members of Council discussed B.I.G. and N.R.D.C. activities as two
complementary orgahizations.
Mr. Bob Sorley, Vice President of the N.R.D.C. expressed his concerns
regarding a lack in communicatioa between the Boards of the B.I.G. and N.R.D.C.,
referred to a meeting between Mayor Smeaton,-the Chief Administrative Offlcer
and himself last spring, and advised that no other contact had been made since
that time. He stated that ~e was expressing a personal concern.
His Worship Mayor Smeaton advised that he keeps in close contact with
members of the N.R.D.C. Board, referred to "working together as a team" and
stated that Mr..Sorley was "welcome to approach this Council on any matter".
Mayor ~meaton stated further that neither Mr. Fischer nor Mr. Chataway had
expressed any.concerns regarding communication between the agencies. He
advised that he would contact the N.R.D.C. Board with a copy of the minutes
tn order that the Board was aware of the situation.
ORDERED on the motion of Alderman Orrj seconded by Alderman Cummings, that the
communication be received and filed. It was further recommended that Mayor
8meaton contact the B.I.G. and N.R.D.C. to arrange a closer liaison between
the ageacies and the Corporation in order to resolve matters of concern.
Carried Ueanimousl .
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BY-LAW
It was generally agreed that the by-law on the appointment of George
Seibel Official Historian of the City of Niagara Falls be brought forward. Mr. &
M~s.G. Seibel were in attendance at the meeting. Mr. ieibel addressed Council
and expressed appreciation for the appointment. He advised that he was look-
ing forward to the challenge it presented.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hlnsperger,
that leave be granted to introduce the following by-law and the by-law be
read a first time:
No. 84-274 - A by-law to appoint George Seibel Official Historian of the City
of Niagara Falls.
Carried Unanimously.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings,
that the following by-law be now read a second and third time:
No. 84-274 - A by-law to appoint George Seibel Official Historian of the City
of Niagara Falls.
Carried Unanimously.
REPORTS
No. 583 - Municipal Works Committee - Re: Disposal of Welland River Sediment.
The report recommends that the Ministry of the Environment be advised that
disposal of the dewatered sediment to be removed from the Welland River will
not be permitted at the City's Landfill Site and that the sediment be trans-
ported to and disposed of at another site, perhaps Walker Brothers Quarries.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville,
that the report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Coville, that the report regarding the Hockey School be brought forward.
Carried Unanimously.
No. 584 - Arena Committee - Re: Hockey School. The report recommends that
Council authorize the Recreation Department and Legal Departmen~ to prepare
an agreement with Boone's-Dionne~s to operate a Hockey School for two weeks
in August 1985.
Mr. Murray Burkholder was granted permission to address Council on the
motion of Alderman Cummings, seconded by Alderman Baker. Mr. Burkholder,
President of Burkholder Sports Corporation advised that since 1967 he had been
actively involved in operating a summer hockey school in the City of Niagara
Falls, that he had resided in the City but had been transferred to Welland.
He referred to his involvement with the City in connection with business,
charity and sports, and provided information regarding the school in terms
of instructors, discipline, tuition costs and ice time. Mr. Burkholder
discussed his contact with the Supervisor of Recreation Programs in order
to secure ice time for the last two weeks in August, his willingness to pay
the rates set by the Arena, and the assurance he had received that the tc~
would be available. He discussed his subsequent submission to the Arena
Committee, preparations made for the winter season which included considerable
expense, and stated that a written contract had never existed.
The Recreation Director replied to questiona raised regardin& the
experience of Boone's-Dionne,s, income to the City, and the commitment to
Mr. Burkholder which he stated was not a written one. He advised that the
allocation of ice time is based on applications and the recommendation of
the Recreation Commission to Council. The Recreation Director further advised
that it was not economically feasible to open another Arena for a hockey school.
A discussion was held concerning the possibility of a verbal commitment
being a "binding agreement". The City Solicitor stated that moral and legal
issues were separate matters and declined participation in a discussion of a
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moral question particularly since a member of his family is involved in the
hockey school. The Solicitor advised that an agreement can be constituted
by offer and acceptance, and the question of whether an employee could bind
the Corporation by a verbal Statement was doubtful.
During the discussion that followed the questions of "fairness,, as well
as practise in the past and standard procedures were raised. The "tendering
process" and decisions being made on a resident vs. non-resident basis.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Puttick, that
the report be received and the recommendation denied. It was further recom-
mended that approval be given to authorize the Recreation Department and
Legal Department to prepare an agreement with Mr. Murray Burkholder to
operate a Hockey School for two weeks in August 1985. The motion Carrled
with the following VOte:
AYE:Orr,Aldermenputtick,Baker'andCheesman'somerville.C°ville, Hinsperger, Janvary, Keighan, Kerrio,
NAYE: Aldermen Cummings, and Hinsperger.
Alderman Cummings initiated a discussion on the subject of the Arena
Committee and whether it had outlived its usefulness, and perhaps should be
disbanded.
His Worship Mayor Smeaton expressed appreciation that the matter had been
raised and advised that he would submit a report on the matter at the next
meeting of City Council.
No. 585 . Chief Administrative Office~ - Re: Bell Canada Maintenance Agreement.
The report recommends that Council enact the by-law to authorize a maintenance
agreement with Bell Canada for the Fire Department,s communications equipment.
Alderman Hinsperger declared a conflict of interest since he is an employee
of the company.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings,
that the report be received and adopted. The motion Carried with Alderman
Hinsperger abstaining from the vote on a conflict of ~hterest previously
recorded~ and all others voting in favour.
See By-law No. 84-276.
No. 586 - Chief Administrative Officer - Re: Line Load COntrols. The report
recommends that Council approve the forwarding of the attached list of tele-
phone numbers to the Emergency Planning Ontario, Ministry of the Solicitor
General, for implementation.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr~ that the
report be received and adopted. Carried Unanimously.
Mo. 587 - Chief Administrative Officer - Re: City of Niagara Falls Emergency
Plan. The report attaches the City of Niagara Falls Emergency Plan, November
1984, and recommends that Council enact the by-law to approve the City of
Niagara Falls Emergency Plan. His Worship Mayor Smeaton d£acussed actions leading
to the preparation of the report and commended the Fire Chief for his efforts
in this regard.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
the report be received and. adopted. .Carried Unanimously.
No. 588 - Recreation Commission - Re: Oakes Park Stands Backstop. The report
recommends that a new backstop be installed in 1985 to coincide with.the con-
struction of the Oakes Park stands, and further, that the Greater Niagara
Baseball Association and the Recreation Commission be involved in the design
of this backstop.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Somerville,
that the report be received and adopted. Carried Unanimously.
No. 589 - Recreation Commission - Re: Financial Contribution by the Greater
Niagara BaSeball Association. The report recommends that Council receive
and file this report as information regarding the financial contribution by
the Greater Niagara Baseball Association.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that
the report be received and adopted, and further, that the Greater Niagara
Baseball Association be complimented. ~.arried Unanimousl?.
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No. 590 - Recreation Commission - Re: City of Niagara Falls Recreation Master
Plan Report. The report recommends that Council, the Recreation Commission,
representatives from the Ministry of Tourism and Recreation, and interested
citizens attend a presentation by Proctor and Redfern Consultants, who have
completed their Report on the City of Niagara Falls Recreation Master Plan.
It is further recommended that the meeting be held on December 13th, 1984
at 7:30 p.m. in Committee Rooms 2 and 3.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that
the report be received and adopted. Carried Unanimously.
No. 581 - Chief Administrative Officer - Re: Accounts By-law 84 10 29,
Cheque No. 03881 for Bob Robinson & Son Construction(Tabled from November 12,
1984). The report advises that Bob Robinson & Son Construction was engaged
to install a sanitary sewer lateral on the road allowance for the Medical
Clinic at Main and Bridgewater Streets, and recommends that the report be
received and filed.
ORDERED on the motion of Alderman Somerville, seconded by Alderman Coville,
that the report be received and adopted. Carried Unanimously.
No. 591 - Chief Administrative Officer - Re: Precast Concrete Culvert Units
for Koabel Road at Tee Creek. The report recommends that Staff be authorized
to proceed with the purchase of precast concrete units, and the cost be fin-
anced from Account Number 11268.
ORDERED on the motion of Alderman Somerville, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unantmouel ·
No. 592 - Munict~Gommittee - Re:
The report recommends the following:
1)
2)
3)
Municipal Works Committee Reports.
Frontenac Woods Exteneio_~n Subdivision Re 'd Plan M-32 -
- that the Letter of Credit which the Developer of this subdivision posted
with the City on December 1, 1983 in order to be used to rectify any
drainage problems which may arise be allowed to expire;
E_~ansion Mountain Road BanitarZ Landfill Site -
- that the services of Proctor and Redfern Ltd., Consulting En$ineers and
Planners, be engaged to develop a public consultation program complete
with two conceptual designs for a maximum upset fee of $6,700; and
that the following advisory reports be received and filed:
(a) (i) Street Lighting at Garden Street & Dorchester Road;
(ii)Hydro Pole at Drummond Road & Glengate Street. ~
(b) Contract R.C. 23/84 - Russell Street & St. Patrick Avenue;
(c) Amendment to certificate for Walker Bros. Quarries Ltd. Waste Disposal
Site.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that
the report be received and adopted, subject to Item 3(a) Street Lishgin8 at
Garden Street and Dorchester Road, being referred to Staff for tree tricing
in this area. Carried Unanimously.
No. 593 - Munici al Works Committee - Re: Trucks on Morrison Street. The
report recommends that the heavy trucke by-law be amended to include Morrtson
Street, between Stanley Avenue and Victoria Avenue, as a roadway on which heavy
trucks are prohibited.
ORDERED on the motion of Alderman Htnsperger, seconded by Alderman Covill~,
that the report be received and adopted. Carried Unanimousl ·
No, 594 - Parktn~ Committee - Re: Parking on Ellen Avenue & McGrail
Avenue. The report recommends that parking he prohibited on the westerly side
of Ellen Avenue between the Nabisco spur and the driveway to Woodstream. It
is further recommended that perking be prohibited from the westerly side of
McGrail Avenue, opposite Woodstream.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
report be received ~nd adopted. Carried Unanimously,
No. 595 - Chief ~dministrative Officer - Re: The Buildinss & Inspections
Department Report for 0cto~r i 84. The report provides information with
· , o 9
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respect to Permits issued during October; Highlights for October; and
November proposals for the information of Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
the report be received and filed. Carried Unanimously___a
No. 596 - Chief Administrative Officer - Re: Update of Energy Saving System -
City Hall. The report recommends that Council receive and note the information
contained in the report in the interest of providing their support in promoting
future energy saving projects.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the
report be received and filed. Carried Unanimously__~.
It was moved by Alderman Cheesman, seconded by Alderman Cummings, that
approval be granted to proceed past 11:00 p.m. The motion Carried with the
following vote:
AYE: Aldermen Baker, Cheesman, Cummings, Hinsperger, Janvary, Keighan, Orr,
Puttick, and Somerville.
NAYS: Aldermen Coville, and Kerrio.
REPORTS
No. 597 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $2,178,141.12 for the two week period
ending November 19th, 1984, be approved by the passing of the by-law appear-
ing later on the agenda.
Alderman somerville declared a conflict of interest on Cheque No. 04552
because he is a member of the group.
Alderman Coville declared a conflict of interest on Cheque No. 04378 as
the person involved.
Alderman Hinsperger declared a conflict of interest on Cheques No.
04269, 04378, and 04428 because he is employed by the company involved.
Alderman Cummings declared a conflict of interest on Cheque No. 04278
because a member of his family is involved in the program.
Additional information was provided on Cheques No. 04266, and 04282.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the
report be received and adopted. The motion Carried with Aldermen Somerville,
Coville, Hinsperger, and Cummings, abstaining from---the vote on conflicts of
interest on Cheques No. 04552, 04378, 04269, 04378, 04428, and 04278 consecu-
tively~ as p%eviously recorded, and all others voting in favour.
No. 598 - Chief Administrative Officer - Re: M.T.C. Surplus Property -
Q.E.W. and Lundy's Lane. The report recommends that the M.T.C. be advised
that the City of Niagara Falls is not interested in acquiring a parcel of
property located at the northwest quadrant of the Q.E.W. and Lund¥'s Lane
except for a narrow strip on the west side for the purpose of creating a
uniform width for Belmont Avenue.
ORDERED on the motion of Alderman Htnsperger, seconded by Alderman Kerrio,
thag the report be received and adopted. Carried Unanimously.
No. 599 - Chief Administrative Officer - Re: Encroachment - Bridgewater
Street Road Allowance. The report recommends that the application for the
passing of a by-law to permit the continuation of the encroachment of a
dwelling upon the Bridgewater Street road allowance be approved~ and the
necessary by-law be enacted by Council.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unantmousl .
See No. 84-270._~.
By-law
- 10 -
No. 600 . Chief ~dminist~ative Officer - Re~ Schedule of:Me,tings . December.
The report recommends that Council meetings for the month of December be held
on Monday, December 10th, 1984; Monday, December 17th, 1984, and an additional
meeting near year's end if required.
ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville,
that leave be granted to introduce the following by-laws and the by-laws be
read a first time:
No. 84-270 - A by-law to allow the maintaining and using of a building which
encroaches on Bridgewater Street. (Letwin).
No. 84-271 - A by-law to establish certain lands as part of Ellen Avenue as a
public highway.
No. 84-272 - A by-law to authorize the execution of an agreement with Michael
Macky and Fredrick Halliday.
No. 84-273 - A by-law to provide for an emergency plan.
No. 84-275 - A by-law to provide monies for general purposes.
No. 84-276 - A by-law to authorize a maintenance agreement with Bell Canada.
The motion Carried with Aldermen Coville, Cummings, Hinsperger, and Somerville
abstaining ~rom the Vote on By-law No. 84-275 on conflicts of interest
previously recorded in Report No. 597; Alderman Hinsperger abstaining from
the vote on By-law No. 84-276 on a conflict of interest previously recorded
in Report No. 585; and all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville,
that the following by-laws be now read a second and third time:
No. 84-270 - A by-law to allow the maintaining and using of a building which
encroaches on Bridgewater Street.
No. 84-271 - A by-law to establish certain lands am part of Elle~ Avenue as a public highway.
No. 84-272 - A by-law to authorize the execution of an agreement with Michael
Macky and Fredrtek Halltday.
No. 84-273 - A by-law to provide for an emergency plan.
No. 84-275 - A by-law to provide monies for general purposes.
No. 84-276 - A by-law to authorize a maintenance agreement with Bell Canada.
The motion Carried with Aldermen Coville, Cummings, Hinsperger, and Somerville
abstaining from the vote on By-law No. 84-275 on conflicts of interest
previously recorded; Alderman Hinsperger abstaining from the vote on By-law
No. 84-276 on a conflict of interest previously recorded; and all others
voting in favour.
NEW BUSINESS
~R,. GEORGE DALBY - RETIREMENT
Alderman Ninsperger referred to the recent retirement of Mr. George Dalby
as Superintendent of Parks for'the Niagara Parks Commission.
- ll -
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings,
that a communication be forwarded to Mr. Dalby to wish him well on his
retirement. Carried Unanimously.
MRS. THOMAS G. SOMERVILLE
Alderman Janvary made an enquiry regarding the health of bks. Somerville
who had recently been admitted to hospital. Alderman Somerville advised that
Mrs. Somerville had now returned home.
~.W.M.c. FUNDING PROGRAM
Alderman Keighan initiated a discussion regarding the O.W.M.C. Funding
Program, and suggested that the Municipalities being researched as candidate
sites should be receiving financial assistance.
Alderman Cummings declared a conflict of interest because he is employed
by a firm involved in the matter.
Alderman Cheesman declared a conflict of interest because a member of his
family has been appointed to the Staff dealing with the O.W.M.C.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Coville,
that the O.W.M.C. be contacted with a request for financial assistance for
the City. The motion Carried with Aldermen Cheesman and Cummings abstaining
from the VOte on confl~interest previously recorded, and all others
voting in favour.
UPCOMING EVENTS
His Worship Mayor Smeaton discussed the following upcoming events:
1) Niagara Falls Canucks Hockey game on "Family Night"; Friday November
1984. Alderman Orr agreed to ~drop the puck' for Mayor Smeaton.
2) Misty Awards; Friday, November 23rd, 1984.
It was moved by Alderman Puttick, seconded by Alderman Hinsperger, that
the meeting adjourn. .Carried Unanimously.
ED,
FORTIETH MEETING
Committee Room #1
November 26, 1984
Council met on Monday, November 26th, 1984 at 7:00 p.m. in Committee of
the Whole. All members of Council were present with the exception of Aldermen
Cummings, and Kerrio. Alderman Baker presided as Chairman.
Following consideration of the items presented the Committee of the Whole
arose without reporting.
READ ~hND ADOP~TED,
~ REGULAR MEETING
Council Chambers
November 26, 1984
Council met on Monday, November 26th, 1984 at 7:30 p.m. for the purpose
of considering general business. Ail members of Council were present with the
exception of Aldermen Cummings, and Kerrio. His Worship Mayor Smeaton presided
as Chairman. Alderman Hinsperger offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Somerville, seconded by Alderman Orr,
that the minutes of the meeting held November 19th, 1984, be adopted as printed
Carried Unanimously. ·
PRESENTATION
His Worship Mayor Smeaton welcomed to the meeting Co-Captains of the
N.F.C.V.I. Red Raiders Football Team, Carmen Provenzano and Jim Bickles, third
time winners of the S.O.S.S.A., Zone ~'3", Division "A" Senior Championship Trophy
which is sponsored by Boone~s-Dionne,s Sports Awards. The trophy was presented
by Mr. Bschkoa to the Mayor Smeaton and City Council, to be placed in a trophy
case in City Hall. His Worship Mayor Smeaton expressed appreciation on behalf
of the City, and offered congratulations and best wishes to the team.
DEPUTATION
HAWKER & PEDLAR LICENCE - PUSLISHERS DIRECT SALES
Ms. Emily Cosby, 186 Cushman Road, St. Catharines, requested that Councll
approve the issuance of a Hawker and Pedlar Licence to permit her to sell a
Good Housekeeping Cookbook, door to door, for a "couple of weeks". She
exhibited a copy of the.book and accompanying flyer with information regarding
the cost.
ORDERED on the motion of Alderman Orr, seconded by Alderman Keighan, that the
request be denied. Carried Una~
HAWKER & PEDLAR LICENCE - RAINBOW CRAFTS OF NIAGARA
Mr. Wilson Gallant, 6693 Thorold Stone Road requested permission to receive
a Hawker and Pedlar Licence in order that he might sell Christmas tree ornaments
and other small hand-crafted items door to door. In reply to questions raise he
advised that this would be a ~ye~ ~ou~d full time business,~and~tha~,he~had~ved
in.the City of ~tagara Falls all of his life.
A discussion followed with respect to the current resident and non-resident
fees for a Hawker and Pedlar Licence, and the new fees for 1985 amounting to
$650 for non-residents~ and $50 for local persons.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsper~er~ ti~at
the request be sranted. ~he motion Carrte._.__~d with the following vote~
-2-
AYE: Aldermen Baker, Chessman, Coville,.Rinsperger, Keighan~ Merrett, Puttick,
and::Somerville.
NAYE: Aldermen Janvary, and Orr.
WELLAND RIVER CONTAMINATION - AL OLEKSUIK
Communication No. 373 - Canadians for a Clean Environment - Re: Welland River.
The communication expresses appreciation for financial assistance concerning the
clean-up of the Welland River. Mr. A10leksuik addressed Council on behalf of
Canadians for a Clean Environment and advised Council of his recent contacts
with the Ministry of the Environment in connection with the removal of the
'!potentially hazardous material" from the Welland River by the Ministry. He
referred to the children who had received burns from contact with the material
whlp~4he st~.~was~from "an unknown source"~ and expressed the concern of the
group that the material be removed from the River. Mr. Oleksuik expressed
further concern regarding the evaluation of the material made by the Ministry ·
and the methodology being used to remove it, and requested the support of
Council in this matter.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett,
that the-communication be received and a letter-forWarded to the N~nist~ nf
the Environment supporting the concerns of the Canadians for a C%ean EnviDomment
in their .attempt to resolve the matter. Carried Una~
PARKING ON BUCHANAN AVENUE - CLARE MORTON
Communication No. 374 - Clare Morto.~n - Re: Parking on Buchanan Avenue. The
communication advises that the tenants at 5678 t~_ 5682 Buchanan Avenue have
received parking tickets for parking their cars on the street, and requests
that since there is inadequate parking space at the above add~e~$:permiaaioe be
given to allow for parking on the street. Mr. Morton reviewed the concerns
expressed in the letter and replied to questions raised regarding winter
parking, the size of the property and age of the dwelling.
A discussion followed regarding the necessity of retaining the existing
parking by-law, the responsibility of the landlord to provide adequate parking
facilities, the possibility of available parking in the surrounding area, and
the extensions to the existing dwelling over the years. Mr. Morton advised
that he had owned the property for five years.
ORDERED on the motion of Alderman Hineperger, seconded by Alderman Orr, that
the request be denied. The motion Carried with the following vote:
AYE: Aldermen Baker, Chessman, Coville, Hineperger, Janyary, Ke~ghan, MerNett,
Orr, and Somerville.
NAYE: Alderman Puttick.
Following further discussion with respect to the size of the property,
building permits having been issued for extensions to the dwelling, and lack
of parking, it was moved by Alderman Puttick, seconded by Alderman Chessman,
that the matter be referred to the Chief Administrative Officer for investiga-
tion and a report regarding .a reeolu~ion~to .the problem. The motion Carried
with the following vote:
'AYE: Aldermen Cheesman~ Coville, Hinsperger, Janvary, Keighan~ Merrett~
Putttck, and Somerville.
NAYE: Aldermen Baker, and Orr.
COMMUNICATIONS
No. 375 - Order of Sene of Itel of Ontario - Re: Grand Opening December 8th,
1984. The commnnication requeets permission for a fireworks display at the
Grand Opening.
ORDERED on the motion of Alde~man Merrett, seconded by Alderman Orr, that the
request be approved. Carried Unanimous1 .
No. 376 - ~anada Tran'~ orr Commission - Re: Cabooselese Trains. The
communication attaches a Notice-of Public ~eartng ~e~l~i'that,the aforementioned
i~i scheduled for December 3, 1984, hae been extended and includes ~ertinent
information..
-3-
ORDERED on the motion of Alderman Chessman, seconded by Alderman Somerville,
that the communication be received and filed. Carried Unanimousl~
No. 377 - Rob Nichol~ _ Re: CN/cP Application to Test and Operate
Cabooseless Trains. The communication advises that additional hearings were
being scheduled regarding the above mentioned issue, but that a site conven-
ient to the City of Niagara Falls has not been selected.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that the communication he received and filed. Carried Unanimously.
No. 378 - The Wiqter Club of St. Catharines Inc. - Re: 1985 Figure Skating
Central Canadian D--~-visional Championships~ J-~nnuary 4th to 12th, 1985 in St.
Catharines. The communication requests a grant or advertisement from the
City of Niagara Falls.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the
request be denied. Carried Unantmousl~_~
No. 379 - Paul R. Heath, Den Oude~ _ Re: Niagara Falls Business and
Industrial Growth Agenc---~ Inc. The communication requests an official name
change of the Niagara Falls Business and Industrial Growth Agency Inc. to
Niagara Falls Economic Development Agency.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett,
bethatpassed.the requeStcarried~be approved and the resolution appearing later on the agenda
~ee Resolution No. 109.
No. 380 - Malcolm A. F. Stockton - Re: Application for by-law exemption.
The communication makes application for a by-law exempting certain land from
part lot control - Lot 16, Plan M-78, Post Road, Niagara Falls.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that the request be approved and the by-law appearing later on the agenda be
passed. Carried Unanimously.
See_~-law No. 84-278.
No. 381 - ~John j. Mur~ .~f John's Nfld. - Re: Great ParticipAction
Challenge - Wednesday,'May 28, 1985. The communication challenges the City
of Niagara Falls to participate in tbs Great Canadian ParticipAction Challenge.
The Recreation Director discussed the time consuming activities involved, and
the difficulty in obtaining volunteers.
.ORDERED on the motion of Alderman Covllle, seconded by Alderman Keighan, that
the communication be received and filed. Carried Unanimously.
No. 382 - Ca_n_a.d.a Safer Council . Re: National Safe Driving Week - December
1st to 7th, 1984. The communication advises that this year's theme will be
"Impaired Driving...The Social Dilemma" and requests support of the program.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Merrett, that
the communication be received, and the request supported.
Ca__~rrted Unanimously.
REPORTS
No. 601 - Chief Administrativ____..___e Officer - Re: Workers' Compensation, Stop/Loss
Insurance. The report recommends that Stop/Loss Insurance not be purchased
for 1985.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Keighan~
that the report be received and adopted. Carried Unanimously.
No. 60~ - Chief Administrative Officer - Re: New Street Lighting. The report
recommends that the $50 per unit quot'---'-----~tion, received from Bill. Kennedy Electric,
be accepted and Staff be authorized to instruct this contractor to proceed to
carry out the work.
A brief discussion ensued regarding street lighting in the Chippewa area,
and it wa~ suggested that an investigation should be made of the lighting on
Furlons Avenue as well as Cattell Drive and Main Street.
4
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker,
that the report be received and Adopted. Carried Unanimous~.
See Resolution No. 112~
No. 603 - Chief Administrative Officer - Re: Contract S.S. 32/84 - Valley
Way and Portage Road Storm Sewer Installation. The report recommends that
the unit prices submitted by the low tenderer, Stephens and Rankin Inc., for
Contract S.S. 32/84, be accepted by City Council. His Worship Mayor Smeatom
advised that the Public Works Committee had met earlier today to discuss
questions which had been raised.
ORDERED on the motion of Alderman Somerville, seconded by Alderman Coville,
that the report be tabled for further information. The motion Carrie~with
the following vote:
AYE: Aldermen Baker, Chessman, Coville, Hinaperger, Keighan, Merrett, Puttick,
and Somerville.
NAYE: Aldermen Janvary, and Orr.
No. 604 - Chief Administrative Officer - Re: Contract S.S. 33/84 - Storm &
Sanitary Sewer Installations on Falls Avenue, from Bender Street to Clifton
Hill. The report recommends that the unit rates submitted by Delmar Contract-
ins Limited, for Contract S.S. 33/84, be accepted by Council and that this
contract be awarded subject to receipt of the Ontario Municipal Board approval.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Keighan, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 113.
See B -law No. 84-281.
No. 605 - Chief Administrative Officer - Re: Tender for Rental of Grader for
Snow Removal Winter Season 1984-1985. The report recommends that the tender
received from Pizzi General Contracting Ltd., for. the rental of one (1)
grader for the purpose of snow removal during the 1984-1985 winter season be
accepted.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that
the report he received and adopted. Carried Unanimously.
· See Resolution No.
No. 606 - Munici al Parktn &Traffic Committee - Re: Parking on Victoria
Avenue. The report recommends that the Resion be advised that th9 City agrees
that one parking space should be removed from the west side of Victoria Avenue,
immediately north of Jepson Street.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimouel .
No. 607 ~ Chief Administrative Office._~r - Re: Niagara Falls Memorial Arena
· Special Events. The report attaches a list of events which have been scheduled
at the Niagara Falls Memorial Arena, and recommends that the report be received
and filed.
ORDERED on the motion of Alderman Hineperger, seconded by Alderman Janvary,
that the report be received and adopted. Carried Unanimousl .
No. 608 - Chief Administrative Officer - Re: Proposed Industrial Building
(Supreme Mechanical Contractors Ltd. Lot 3, Registered Plan M-67, Progress.
Street. The report recommends that Council authorize an amendment to the
Transfer to reduce the floor area of the~p=opesed:;bui~d~ms~.,~.
ORDERED on the motion of Alderman Keighan~ seconded by Alderman Hlnsperger,
that the report be received and adopted. Carried Unanimous1 .
No. 609 - Chief Administrative Officer - Re: Site Plan Approval - Proposed
42 Unit Motel, Stanley Avenue east side, south of Ferry Street). The report
recommends that the Council approve the site plans on display at tonisht%
meeting, being a prop6sed motel, and the elevations and site plan being
drawing member A-1 dated October 1984, and the site services and srading plan
being dcawing nember SS-1 dated November 20th, 1984, and both filed with the
Buildings and Inspections Department of the City of Niagara Falls on
Novemberincluded in22nd'the1984'report.and that such approval he subject to the conditions
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimousl .
~o. 610 - Chief Administrative Officer _ Re: Energy Conservation _ Stamford
Arena. The report recommends tha-~-~OUncil approve a staff proposal to install
an Aluma-Zorb ceiling at a cost of $16,000 for the purpose of reducing avoid-
able consumption at Stamford Arena.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary,
that the report be received and adopted. Carried Unanimousl .
No. 611 - Chief Administrative Officer _ Re: Rating By-law for Debenture
Gharges. The report recommends that Council pass the by-law appearing on this
evening's agenda that will provide for the levying of rates to pay the principal
and interest on the $600,000 debenture issue dated October 3, 1984.
ORDERED on the motion of Alderman Coville, seconded by Alderman Baker, that
the report be received and adopted. Carr____ied Unanimously.
See_~_~-law No. 84%282.
No. 612 - Finance Committee . Re:
recommends~ Finance Committee Reports. T~e report
1) ~~ Blood.Donor Clinic" - '
$225.00;
2) Scholastic & Athletic Achievement Awards
- that future awards for Scholastic & Athletic Achievements be in the form
of a self-standing plaque bearing the official City crest and engraved
with the recipients, name and achievement;
~ .... ~o u~ purcuasen trom Renown Printing Company
at a cost of approximately $4~940.00 for the Niagara Falls Memorial
Arena. · .
3)
ORDERED on the motion of Alderman Orr, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
No. 613 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $585,700.48 for the one week period
ending November 26th, 1984, be approved by the passing of the by-law appearing
later on the agenda.
Alderman Hinsperger declared a conflict of interest.on Cheque No. 05179
because he is an employee of the company.
Alderman Chessman declared a conflict of interest on Cheque No. 05251
because a member of his family is employed with the organization.
Additional information was provided on Cheques No. 05191, 05194, 05265,
and 04585 - 04660.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Somerville,
that the report be received and adopted. The motion Carried with Aldermen
Hineperger, and Chessman abstaininS from the vote on conflicts of interest on
Cheques No. 05179 and 05251, as previously recorded, and all others voting in
favour,
No. 614 - Chief Administrative Officer - Re: Proposed Closing and Sale of
Walkway 48 2 between Village Crescent and Frontenac Street. The report
recommends the following:
1) that Council hear, at tonight's meeting, any person who claims that hie or
her land will be prejudicially affected by the proposed by-law to close the
above walkway and who applies to be heard;..
-6 -
2) that if there are no such claims, the Council pass the by-law listed on
tonight's agenda to stop up and close and to authorize the sale and con-
veyance of the walkway;
3) that Council also pass the resolution appearing on tonight's agenda to
authorize an application to the Minister of Municipal Affairs and Housing
for approval of the by-law.
His ~brship Mayor Smeaton received a negative response to a request for
comments from pareses wishing to address Council regarding the ~losing of the
walkway.
ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger~
that the report be received and adopted. The motion Carried with the following
vote:
AYE: Aldermen Baker, Chessman, Coville, Hinsperger, Janvary, Merrett, Orr,
Puttick, and Somerville.
NAYE: Alderman Keighan.
See Resolution No. 108.
Se~ By-law No. 84-277.
No. 615 - Chief Administrative Officer - Re: Appointment to Niagara Parks
Commission. The report recommends that Council select an Aldermanic repre-
sentative for appointment to the Niagara Parka Commission for one year
commencing December lat~ 1984.
Alderman Merrett requested that his name be submitted for re-appointment
to the Commission for another year.
Alderman Ketghan submitted his name for appointment to the Commission.
Following a discussion, regarding.procedure_in connection with the appoint-
ment, it was generally agreed that a ballot vote be taken. A request was made
that the majority.vote be declared unanimous. Following the ballot vote,
Mayor 8meaton announced that Alderman Merrett had been selected for appoint~ ~'.'
meat to the Niagara Parks Commission.
ORDERED on the motion of Alderman Ntnsperger, seconded by Alderman .Coville,
that the ballots be destroyed, Carried ~
ORDERED on the motion of Alderman Htnsperger, seconded by Alderman Keighan,
that the report be received and that Alderman Brian Merrett be apppinted as the
Council representative to the Niagara Parks Commission for the term ending
November 30, 1985. Carried Unanimously.
NO. 616 -~Chief Administrative Officer - Re: AM-l/83, Restricted Area By-law
84-238 - Proposed Passive Park, Westerly Side Valley Way Extension. The report
recommends that the objection to the above zoning amendment by-law be forwarded
to the Ontario Municipal Board with the request for a hearing if required and
that Council reaffirm it8 approval of the by-law.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary~ that
the report be received and adopted. Carried Unanimousl .
No. 617 - Chief Administ~ative Offic~ - Re: Bill 11. The report recommends
that the information contained therein regarding the status of Bill 11 he, noted
and the report received and filed.
ORDERED on the motion of Alderman Htnaperger, seconded by Alderman Gorilla,
that the report be received and adopted. Carried Unanimousl ..
No. 618 o ~ - Re: Change in Method of Selecting a Regional Chairman.
The report discusses a cowanuntcation recently received from the Honourable
Claude F. Bennett regarding possible changes in the method of selecting a
Regional Chairman and possible electoral reform, and recommends that Council
consider the matter and submit their thoughts to the Mayor's office. Alderman
Puttick advised that ~e had submitted his co, eats directly to the Honourable
Claude F. Bennett, and would foTward a copy to Mayor Mmeaton for information.
A discussion ensued and, concerns expressed that this become a matter for
"lobbying", It was suggested that election to the office might avert any
undesirable activity.
ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimous1 .
No. 619 - ~ _ Re: Arenas Committee Sta
a memorandum from the Chief Admini~o+~ ...... tus. The report attaches
..... ~vu u[~lcer states that the Special
Arenas Committee was established to fill a specific need, and apart from
achieving a Junior 'A' franchise, it is considered that the Committee had
filled its mandate, and that it is time to dissolve the Committee.
It was suggested that the report should be considered at a meeting when
Alderman Cummings is in attendance.
ORDERED on the motion of Alderman Orr, seconded by Alderman Keighan, that the
report be tabled. Carried Unanimously.
COMMUNICATION
No. 383 - Social Planning Council of Niagara Falls - Re: Pornography and
Prostitutio~-~. The communication advises that the----Social Planning Council has
actively monitored developments with respect to the issues mentioned above,
that little action will be taken without knowledge of the findings and recom-
mendations of the Fraser Commission, and recommends that Council request an
early release of the report and recommendations of the Fraser Commission.
ORDERED on the motion of Alderman Orr, seconded by Alderman 3anvary, that
a communication be forwarded to the Fraser Commission asking for an early
release of their report and recommendations concerning pornography and
prostitution. Carr____ied Unanimously.
RESOLUTIONS
No. 108 - MERRETT - HINSPERGER . RESOLVED that pursuant to section 298 of the
Municipal ~1980, the Minister of Municipal Affairs and Housing be
requested to approve By-law No. 8~-277 to stop up and close and to authorize
the sale and conveyance of the public walkway between Village Crescent in
Registered Plan M-32 and Frontenac Street in Registered Plan 246 for the City
of Niagara Falls; AND the Seal of the Corporation be hereto affixed.
The motion Carried with Alderman Keighan voting contNary, and all others voting
in favour. ~ ' ·
No. 109 - CHEESMAN . HINSPERGER . RESOLVED that the City Council hereby consents
to the change o-------~name of the Niagara Falls Business and Industrial Growth Agency
Inc. to the Niagara Falls Economic Development Agency.; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously.
No 110 - BAKER - COVILLE - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby petitions for an interim payment under the Public
Transportation and Highway Improvement Act on expenditures made in the year
1984; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 111 - JANVA______RY - MERRETT - RESOLVED that a message of condolence be
forwarded to the family of the late Reverend Canon G. N. (Duke) Standish, a
highly respected and valued member of the community; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously.
No. 112 - BINSPERG~ER - BAKER - RESOLVED that the unit prices submitted by Bill
Kennedy Electric for the installation of new street lights at various locations
throughout the City, be accepted at the low tendered amount of $50.00 per unit;
AND the Seal of the Corporation be hereto affixed,
Carrt___..~ed Unanimously.
No. 113 - NINSPERGER - KEIGHAN - RESOLVED that the unit rates submitted by
Delmar Contracting Limited for Contract S.S. 33/84, for gtorm and Sanitary
Sewer Installations on Falls Avenue from Bender Street to Cliftol~ Hill, be
-8-
accepted at the low tendered amount of $595,134.20; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously.
No. 114 - CHEESMAN - MERRETT - RESOLVED that the unit prices received from
Pizzi General Contracting Ltd., for the rental of one (1) grader for the
purpose of snow removal during the 1984-1985 winter season, be accepted for
the submitted amount of $47.00 per hour; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that
leave be granted to introduce the following by-laws and the by-laws be read
a first time:
No. 84-277 - A by-law to stop up and close and to authorize the sale and
conveyance of the public walkway between Village Crescent and
Frontenac Street.
No. 84-278 - A by-law to designate certain land not to be subject to part lot
control. (Lot 16, Plan M-78, Post Road).
No. 84-279 - A by-law to amend By-law No. 72-163, being a By-law to prohibit
heavy traffic on certain highways in the City of Niagara Falls.
No. 84-280 - Withdrawn.
No. 84-281 - A by-law to authorize the execution of an agreement with Delmar
Contracting Limited for storm, and sanitary sewer installations.
No. 84-282 - A by-law to provide for the levy of rates to pay the principal
and interest on debentures of The Regional Municipality of
Niagara and the principal amount of $600,000.00 issued.for the
purposes of The Corporation of the City of Niagara Falls.
No. 84-283 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Keighan voting contrary on By-law No. 84-277;
Aldermen ~heesma~;~.and,.Mlfieperger abstaining from the vote on By-law No. 84-283
on conflicts of interest previously recorded in Report No. 613; and all others
voting in favour.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett,
-that the following by-laws be now read a second and third time: -
No. 84-277 - A by-law to stop up and close and to authorize the sale and
conveyance of the public walkway between Village Crescent and
Frontenac Street.
No. 84-27~8 - A by-law to designate certain land not to be subject to part lot
control. (Lot 16, Plan M-78, Post Road).
No__. 84-279 - A by-law to amend By-law No;, 72-163, being a By-law to prohibit
heavy traffic on certain highways in the City of Niagara Falie.
~o. 84-280 - Withdrawn.
No. 84-28..______~1 - A by-law to authorize the execution of an agreement with Delmar
Contract%ng Limited for storm and sanitary sewer installations.
N~ 84-28~~%A by-law to provide for the.levy of rates to pay the principal
and interest on debentures of The Regional Municipality of
'Niagara and the principal amount of $600,000.00 issued for the
purposes of The Corporation of the City of Niagara Falls.
No. 84-283 - A by-law to provide monies for general purposes.
- 9 -
The motion Carried with Alderman Keighan voting contrary on By-law No. 84-277;
Aldermen Chees-~--an and Hinsperger abstaining from the VOte on By-law No. 84-283
on conflicts of interest previously recorded; and all others voting in favour.
NEW BUSINESS
GROUP HOMES
%' Regional Councillor Edison Sherar advised that Group H°mes'~eco~aendations
would~pe considered at the Regional Planning & Development Committee meeting on
Wednesday, N~vg~ber.28th, 1984. Ne invited members of Council to attend.
His Worship Mayor Smeaton advised that he would be in attendance and invited
the support of Council.
CYMcGUIGAN _ PLUMBING CODE
Mayor Smeaton advised that the Chief Administrative Officer and Senior
Plumbing Inspector would meet with Cy McGuigan in the Mayor's office tomorrow
morning to discuss concerns previously expressed, and asked for a volunteer
from the Public Works Committee to participate.
ITEMS OF INTEREST
Alderman Puttick discussed the following items of interest:
1) A communication received from the York Regional Board of Commissioners of
Police expressing appreciation regarding the $1,000 donation to the reward
fund regarding the murder of Constable Douglas Tribbling, and returning
the donation;
2) A recent press release in connection with the increase in rates at the
Parliamentary Dining Room in Ottawa;
3) The recent announcement by the Honourable Andy Brandt, Minister of the
Environment, regarding a new program of Provincial funding for small
municipalities within Regions. The Chief Administrative Officer was asked
to investigate this matter.
FAN___INE FUND FORAFRICA
His Worship Mayor Smeaton suggested that the $1,000 donation which had
been returned by the York Regional Board of Commissioners of Police might be
allocated to the famine fund in Ethiopia, Africa
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger,
that the suggestion of Mayor Smeaton be approved. It was further recommended
that Staff investigate the possibility of setting up a receiving depot at
City Hall for the Ethiopian Famine Fund, and further, that Staff investigate
the best route of directing the funds to the proper authorities.
Carri______ed Unanimously..
VOLUNTEERS IN THE COMMUNITY
Alderman Janvary reviewed a letter from the Deputy Premier of Ontario,
the Honourable Robert Welch, to the Bicentennial Committee regarding the 73
residents in the Region~ including 18 residents of Niagara Falls, being
hononred as Volunteers at White Oaks Inn on December 9th, 1984. She further
advised that recognition would be given the Volunteers at the Annual Volunteer
Night on December 3rd, 1984, as well.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that
the 18 Volunteers also be invited to attend Council meeting on December 10th~
to receive recognition from the City. Carried Unanimousl .
O.W.M.C.
Alderman Coville referred to a meeting of the Steering Committee, Staff,
Canadians for a Clean Environment, and the Niagarans Organized to protect the
Environment (N.O.P.E.) on Wednesday, November 28th, 1984.
- 10 -
It was moved by Alderman Puttick seconded by Alderman Merrett, that the
meeting adjourn. Car__tied Unanimously.
READ AND ADOPTED,
CLE
FORTY-FIRST MEETING
SPECIAL MEETING
Council Chambers
December 3, 1984
Council met on Monday, December 3rd, 1984, at 4:30 p.m. for the purpose
of considering general business. All members of Council Were present with
the exception of His Worship Mayor Smeaton, and Aldermen Baker,
Merrett~ Orr, and Somerville.
The Deputy City Clerk requested a motion for the appointment of an
Acting Mayor in the absence of His Worship Mayor Smeaton.
RESOLUTION
No. 115 - KEIGHAN - HINSPERGER - RESOLVED that Alderman Dona Coville be
appointed Acting Mayor in the absence of His Worship Mayor William S. Smeaton,
from Monday, December 3rd, to Sunday, December 9th, 1984, inclusive;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
Acting Mayor Coville presided as Chairman.
REPORTS
No. 620 - Chief Administrative Officer ~ Re: Contract S.S. 32/84 - Valley
Way and Portage Road Storm Sewer. The report refers to previous action taken
in connection with the report, and attaches a report to the Municipal Works
Committee with the following recommendations:
l) that this report be considered in conjunction with the report dated
84 11 23 which was considered by the Municipal Works Committee on
84 11 26 (Appendix 'A');
2} that the unit prices submitted by the low tenderer, Stephens and Rankin
Inc. for contract S.S. 32/84, be accepted.
The Director of Municipal Works replied to questions raised regarding
events related to Contract S.S. 32/84, and included in the report to the
Municipal Works Committee. He discussed the requirement concerning close
sheathing during installation of the storm sewer pipe as specified in
Addendum #1, and advised that the unit prices submitted should include the
cost associated with this method of construction.
The Assistant Projects Supervisor responded to questions raised with
respect to the cost estimate submitted by Provincial Construction Limited,
and discussed his response to a phone call from the aforementioned company.
The Director of Municipal Works stated that although Mr. Ranktn of
Stephens and Rankin Inc. had called him the morning after the tender opening~
the call had been made after reconsideration of the matter had been initiated,
and further, that his decision to recommend Stephens and Ranktn Inc. for
Contract S.S. 32/84 had not bean influenced by anyone.
The Chief Administrative Officer demonstrated, and discussed, the method
of measurement for payment taken from centre line to centre line of the
manholes,
The Traffic. & Construction Engineer confirmed the aforesaid method of
measurement, and advised that the piping is also paid on the basis of centre
line to centre line. He advised further that this method of cost estimate
had been used traditionally in an effort not to "impinge on the contractors".
Mr. John Ferko of Provincial Construction Limited posted a sketch on the
board and reviewed the method of estimating cost. He replied to questions
raised regarding the unit prices submitted to the City, and advised that it
had been an attempt to "save the City money". It was sugSested to Mr. Forko
that other bide might have been lower if other contractors had been permitted
to re-submit in a similar way.
-2-
Mr. William McNaughton, Solicitor with Weir & Foulds, Toronto, represented
Mr. Tom Rankin of Stephens & Rankin at the meeting. He discussed the "hazards"
of not following the procedure for the evaluation of tenders set by the Province.
He advised that this was the standard procedure followed by the M.T.C. as well
as all Municipalities and contractors throughout Ontario. Mr. McNaughton
stated that the use of the standard procedure avoids duplication of payment.
Mr. Anthony Di Santis, President of Provincial Construction, advised that
a contact had been made with Staff regarding the specifics of the tender prior
to the tender opening. He further advised that the only separation on the
tender submitted by Provincial Construction was for close sheathing. He dis-
cussed price negotiation.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Kerrio,
that Provincial Construction Limited be awarded the contract. The motion was
Defeated with the following vote:
AYE: Aldermen Cummings, Keighan, Kerrio, and Puttick.
NAYE: Acting Mayor Coville, and Aldermen Cheesman, Hinsperger, and Janvary.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that Stephens & Rankin be awarded Contract S.S. 32/84 - Valley Way and Portage
Road storm sewer installation. The motion was Defeated with the following vote:
AYE: Acting Mayor Coville, and Aldermen Chsesman, Hinsperger, and danvary.
NAYE: Aldermen Cummings, Keighan, Kerrlo, and Puttick.
During the discussion that followed it was suggested that Staff should
receive instructions regarding information being given.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings, that
the matter be tabled to the next meeting of Council. Carried Unanimously.
No. 621 - ~ Parkin~ & Traffic Committee - Re: Parking Lots - Snow
Plowing. The report recommends that the firms of Jim Black Trucking, Warden
Construction Ltd., and Dominion Paving Company, be awarded the parking lots
snow plowing for the Winter of 1984/85.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
See Resolution No. 116.
RESOLUTION
No. 116 - HINSPERGER - CUMMINGS - RESOLVED that the unit prices submitted by
the firms of Jim Black Trucking, Warden Construction Ltd., and Dominion Paving
Company, for parking lots snow plowing for the Winter of 1984-1985, be accepted
for the amounts specified on the attached Summary of Tenders; AND the Seal of
the Corporation be hereto affixed.
Carried Unanimously.
NEW BUSINESS
VOLUNTEER NIGHT
Alderman Janvary advised that on Friday evening, December 7th, 1984 the
Recreation Commission would be honouring volunteers in the Community at the '
Optimist Club. She invited members of Council to attend.
It was moved by Alderman Puttick, seconded by Alderman Janvary, that the
meeting adjourn.
READ AND ADOPTED,
BARBARA G. SCOTT, DEPUTY CLERK ACTING MAYOR DONA COVILLE
F_~_ORTY-SECOND MEETING
Committee Room #1
December 10, 1984
Council met on Monday, December 10th, 1984 at 6:15 p.m. in Committee of
the Whole. All members of Council Were present. Alderman Janvary presided
as Chairman.
Following consideration of the items presented the Committee of the Whole
rose to report in open Council.
Council Chambers
December 10, 1984
Council met on Monday, December 10th, 1984 at 7:30 p.m. for the purpose of
considering Planning Matters and regular business. Ail members of Cou
present. His Worship Mayor Smeaton nreside~ ... ncil were
offered the Opening Prayer. ~ ~ as ~nalrman. Alderman Keighan
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger,
that the minutes of the meetings held November 26th, and December 3rd, 1984, be
adepted as printed. Carried Unanimousl .
_REPORTS . PLANNING MaTTERS
No. 622 - (PD/102/84)
Queen Street/River Road ~on Steering Committee
l~eaevelopmsnt Plan. Th~ ..... ~_3_--_' .....=.~ - Re: ST-93
· ~-= ~epor~ recommends that the
Redevelopment Plan be adopted as submitted with the-recommendations concerning the
aesthetic improvements along the easterly side of Erie Avenue between Queen Strest
and Huron Street, and the sub-leasing of land for such improvements.
The Planning Director reviewed previous activities regarding the matter which
are included in the background of the report, as well as the proposed modifica.
tions to the redevelopment plan. He discussed the further recommendation to
increase landscaping elements along the easterly side of Erie Avenue between
Queen Street and Huron Street, subject to obtaining an appropriate sub-lease of
the property,~ and requested the endorsation of Council to the final document.
- AND ~
No. 623 - Downtown Revitalization Steer~ . Re: Closing of Cataract
Avenue at Queen St--------~eet. The report makes the following recommendations:
1) That the southerly portion of Cataract Avenue at Queen Street remain closed;
2) That a hammerhead turn-around be constructed at the south limit of Cataract
Avenue;
3) That the landscaping elements be kept low enough not to impair the view of
Mr. Golia,s Motel to the motoring public from River Ro~d;
4) That an aesthetically pleasing sign, indicating the entrance to Mr. Golia's
Motel at the driveway entrance, be approved in principle with Staff further
studyingt~ta type, size and location;
5) That the change of the motel's municipal address and its costs be referred
to Staff for further study;
6) That the matter of a second driveway be referred back to the Technical
Committee;
7) That the Technical Committee assist Mr. Colia in taking remedial action to
solve the traffic problems through motel property.
-2 o
Mr. Ronald Greenspan, Q.C., St. Catharines, represented Mr. and Mrs. Nick
Golta at the meeting, and was granted permission to address Council on the
motion of Alderman Cummings, seconded by Alderman Kerrio. Mr. Greenspan
advised that Mr. and Mrs. Colia, owners of the Edgecliffe Motel, 4615-25
Cataract Avenue were very concerned about the closing of Cataract Avenue in
terms of the effect on their business. He discussed seasonal business trends;
the current use of the motel parking area as a turning space; the landscaping
and aesthetic improvements which might not be in agreement with the opinions
of Mr. and Mrs. Golia; and the necessary alterations on bueiness cards and
stationery. In response to questions raised regarding a claim for damages,
Mr. Greenspan advised that a threat was not being made, and further, that it
was a discussion regarding the future because the main access route to the
business was being removed.
~ring the diScUssion it was pointed out that the proposed improvements to
the surrounding area would enhance the motel property, and improve the business.
ORDERED on the motion of Alderman Orr, seconded by Alderman Keighan, that the
recommendations in the report on the closing of Cataract Avenue at Queen Street
be received and adopted. Carried Unanimously.
A brief discussion followed and it was suggested that a letter should be
forwarded to all interested persons before a decision is made with respect to
a street closing or major revision.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the
recommendations in the report on Queen Street/River Road Redevelopment Plan be
received and adopted. Carried Unanimously.
See By-law No. 84-287.
No. 624 - (PD/103/84) - Chief Administrative Officer - Re: Community
Improvement Policy Study. The report recommends the following:
1) That the input received during the Public Meeting concerning the draft
Community Improvement Policy Study be referred to Staff and ~he Start Group
consultants for consideration;
2) That revisions and/or modifications be made to the Plan and presented to
Council at a subsequent meeting for final endorsation and transmittal to
the Ministry of Municipal Affairs & Housing.
His Worship Mayor Smeaton advised that this waszaPublic Meeting ~o
consider an amendment to the Official Plan.
The Planning Director explained the details of the proposed amendment,~and
stated that the Study is required under Planning Act legislatton~n~ is intended
to provide the City with appropriate guidelines and Official Plan policies for
undertaking future community acttvitiee. He further stated that the Study is a
mandatory requirement in terms of the City's eligibility for Provincial funding
programs. The Planning Director advised that Notices of the Public Hearing were
forwarded on November 10th, 1984 to interested persons and groups.
Mayor 8meaton explained the procedure of the meeting under the Planning Act
and stated that comments would be invited from interested persons who should
provide information regarding their names and address prior to speaking.
Mr. Ed Start, Consultant for The Start Group, reviewed the purpose of the
Study in terms of broad guidelines to carry out community improvement. He
referred to Provincial legislation in connection with community improvement
policies to ensure appropriate-planning for future improvements.
Ms. Kim Warburton.was in attendance at Council as a Planner for the Start
Group. She provided a detailed review of the information contained in'the
Study, reviewed the deficiencies in the Residential, Commercial, Tourist
Commercial and Industrial areas~ and replied to questions raised regarding the
present legislation, and funding programs.
His Worship Mayor .~Smeaton received a negative response to a request for
comments from persons present. He declared the Public Meeting closed.
ORDERED on the motion of Alderman Ketghan, seconded by Alderman Chessman, Chat
the report be 'received and adopted. Carried Unanimously.
-3 -
No. 625 - (PD/99/84) _ Chief Administrative Officer - Re: ST-177 Niagara River
Toxics Committee Report~The report attaches a summary report which includes
recommendations of the Committee, and recommends that the report and attached
news releases be received for information.
It was suggested by the Planning Director that the matter be tabled for one
week to allow time for Staff to peruse the report and provide additional
information regarding the documents.
OROERED on the motion of Alderman Coville, seconded by Alderman Janvary, that
the matter be tabled to December 17, 1984. C~arried Unanimousl~
No. 626 . (PD/97/84) _ Chief Administrative Officer - Re:
for Exemption from Part~t Control ~ j. Moretta f~r Lots P-l(g) Application
94 to 101, and 105
to 114 Inclusive, Plan M-90, Moretta Estates, Niagara Falls. The report
'recommends that an application from R.J. Matthews, O.L.S. on behalf of Mr. J.
Moretta to exempt lots 94-101 and lots 105 to 114 inclusive according to
Plan M-90 from Part Lot Control be approved subject to the applicant entering
into an appropriate agreement with the City of Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that
the report be received and adopted. The motion C_arried with the following vote:
AYE: Aldermen Cheesman, Coville, Cummings, Hinsperger, Janvary, Keighan, Kerrio,
Merrett, Orr, Puttick, and Somerville.
NAYE: Alderman Baker.
No. 627 - (PD/98/84) ~ Hazardous Waste Steering Committe~ - Re:
The O.W.M.C. Issue: '
l)
3)
ST-177
A Strategy for 1985. The report recommends the following:
That Council approve the City's continued involvement with O.W.M.C.;
That Council provide for an allocation of $226,000.00 in the 1984 budget
for this purpose;
That Council approve the continuation of the Hazardous Waste Steering
. Committee to organize and refine activities and disbursements according
to this report.
Alderman Cummings declared a conflict of interest because the firm he is
employed by has some involvement with the O.W.M.C.
Alderman Chessman declared a conflict of interest because a member of his
family is employed with the City on the issue.
A lengthy discussion followed with respect to the report, and breakdown
in required expenses contained in the Background information. An allocation.
of $65,000 was suggested. It was pointed oat that if not needed, the $226,000
requested funding would not be used.
The Planning Director explained the three main objectives to guide the
City's action over the next year. He advised that the objectives focus on
raising public, awareness of the OWMC issue, monitoring OWMC activities and
the activities of related individuals and groups, and conducting detailed
technical research on key areas.
The Chief Administrative Officer pointed out the desirability of obtaining
all the necessary information prior to the decision regarding the hazardous
waste site, the possibility of an expensive chemical spill in the future~ and
stated that any required expenditures would be reported to, and discussed by
Council prior to action being taken.
ORDERED on the motion of Alderman Coville, seconded by Alderman Merrett, that
the report be received and adopted. The motion Carried with Aldermen Cheesman,
and Cummings abstaining from the vote on conflicts of 'interest previously
recorded, and with the following vote:
AYE: Aldermen Coville, Hinsperger, Janvary, Keighan, Kerrio, Merrett, and
Somerville.
NAYE: Aldermen Baker, Orr, and Patrick.
No. 628 - (PD/100/84) - Hazardous Waste Steertn$ Committee - Re: $T-177
O.W.M.C. The report attaches Letters from Dr. Chant, Chairman and President
of the OWMC, dated November 22, and two communications dated November 28, 1984.
-4-
The communications discuss drilling on the candidate sites, a meeting scheduled
for November 28th and a subsequent meeting for January, and express agreement
to the suggested arrangement of a meeting with the City's Research Team and
Gartner Lee Associates Limited.
- AND-
Communication No. 384(a) - O.W.M.C. - Re; OWMC Technical Reports. ~he
communication advises that the above mentioned reports are attached for the
information of Council.
Communication No. 384(b) - ~of the Environment - Re: Advanced Funds
to Municipalities. The communication discusses the OWMC'a public consultation
program, funding, and public hearings, and advises that until the OWMC has
completed and released its technical studies and made final proposals it would
be inappropriate for municipalities to conduct extensive studies or reviews at
this time because of the risk of duplication or the production of unnecessary
studies.
Communication No. 384(c) - O.W.M.C. - Re: Statements Published by the Press.
The communication discusses statements made by Mayor Smeaton and some members
of Council regarding the OWMC, and published in the local newspaper on
December 5th, 1984, and advises that the decisions of the OWMC would be
influenced and persuaded only by facts and conclusions that are in the best
interest of all our fellow citizens.
ORDERED on the motion of Alderman 3anvary, seconded by Alderman Coville, that
the communication be read. ~he motion. Carried with Aldermen Chessman, and
Cummings abstaining from the vote on conflicts of interest previously recorded
in report No. 627, and all others voting in favour.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Somerville,
that the report and communications be received and filed. The motion Carried
with Aldermen Chessman, and Cummings abstaining from the vote on conflicts of
interest previously recorded, and all others voting in favour.
A brief discussion ensued with respect to the desire of Council members
to receive a commitment from the OWMC in connection with the amount of time
the City would have to prepare its case, in the event that the City of Niagara
Falls is selected for the establishment of an industrial waste site.
ORDERED on the motion of Alderman Keighan, seconded by Alderman Kerrio, that
Mayor Smeaton should contact the OWMC to determine the length of time. that will
be allowed municipalities to manoeuvre after the Short List has been shortened.
The motion Carried with Alderman Chessman, and Cummings abstaining from the vote
on conflicts of interest previously recorded~ and all others voting in favour.
His Worship Mayor Smeaton declared a five minute recess at 9:50 p.m.
Following the five minute break Council reconvened in the Council Chambers
for the balance of the meeting.
REGULAR MEETING
UNFINISHED BUSINESS
CONTRACT S.S. 32/84 - VALLEY WAY AND PORTAGE ROAD STORM SEWER
REPORT OF~HIEF ADMINISTRATIVE OFFICER (TABLED FROM DECEMBER~
Report No. 620 - Chief Administrativ~ e Officer - Re: Contract $.8. 32/84 -
Valley Wa~ and Portage R~ad Storm Sewer. The report refers to action taken'
concerning the report and attachee additional information from the Municipal
Works Committee with the following recommendations:
1) That this report be considered in conjunction with the report dated
84 11 23 which was considered by the Municipal Works Committee on
84 11 26 (Appendix.'A');
2) That the unit prices submitted by the low tenderer, Stepheqe and Rankin
Inc. for contract S.S. 32/84~ be accepted.
-5 -
- AND.
Communication No. 385 -
Re: Contract No. ~ Construction Association of R ' ·
e__~, vaziey Way and
Portage Road. The communication reviews the Association,s concerns regarding
the formality of contract tendering and award procedures, reviews the method
of interpretation, and advises that "tenders which are ambiguous and open to
interpretation must be rejected as informal,,.
The Director of Municipal Works reviewed events concerning the Contract
which are documented in reports submitted to Council, discussed the need for
soil testing and the subsequent addition of Addendum #1 advising Contractors
that close sheathing for the sewer pipe installation would be required and that
.unit prices should include the cost associated with this method of construction.
He further stated that a total price for the close sheathing method was not
indicated by Provincial Construction. However, the tender of Provincial Con-
struction was accepted at the Tender Opening rather than disqualifying the
tender on a technicality. The method of evaluating the submission from
Provincial Construction was reviewed and the Director of Municipal Works stated
that it had been determined that Provincial Construction,s price was approx-
imately $1500 less than the price submitted by Stephens & Rankin.
The Director of Municipal Works reviewed his actions in the matter from a
prepared statement, and advised that his decision to reconsider the matter was
not influenced by anyone. He responded to questions raised concerning any
prior submission from Provincial Construction of a similar nature.
A discussion followed with respect to the submission of tenders on the
basis of qualifications, unit prices, and the actions of Staff.
Mr. Tony De Santis, President of Provincial Construction Limited, 4382
Montrose Road, discussed the submission of the tender to the City as well as
subsequent actions taken. Ne stated that the amount of $410,546.30 was the
total price of the tender from Provincial Construction.
Mr. William McNau§hton, Solicitor for Stephens & Rankin, addressed Council.
He stated that when the figures of Provincial Construction are considered, the
hid of that company is second lowest. Mr. McNaughton referred to the specifi-
cations on the Addendum subsequent to soil samples being taken, and the need
for additional safety measures recognized and provided under the Health and
Safety Act. He discussed standard specifications, the integrity of the
tendering process, and the communication from The Heavy Construction Associa-
tion of Regional Niagara. Mr. McNaughton replied to questions raised regarding
the meeting of the Association when the matter was discussed, and the method
of the tendering process.
Mr. Robert F. Smith, Crawford, Smith & Swallow, was granted permission to
address Council on the motion of Alderman Keighan, seconded by Alderman
Somerville. Mr. Smith represented Mr. Tony De Santts and discussed the
submission of Provincial Construction as the low tender. Ha stated that if the
tender had been unacceptable it should have been "thrown out" at the time and
not calculated. Ne responded to questions raised regarding the procedure for
tendering.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Keighan, that
the communication and report be received, and further, that Contract
for storm sewer installation at Valley Way and Portage Road be awarded to
Provincial Construction Limited. The mo~ion Carried with the following vote:
AYE: Mayor Smeaton, and Aldermen Cummings, Keighan, Ksrrio~ Merrett~ Puttick,
and Somerville.
NAYE: Aldermen Baker, Chessman, Coville, Htnsperger, Janvary, and Orr.
See Resolution No. 117.
See By-law No. ~
Aldermen Cheesman, and Putttck retired from the meeting.
ORDERED on the motion of Alderman Somerville, seconded by Alderman Janvary,
that the meeting proceed past 11:00 p.m. Carried Unanimous1 .
-6-
UNLICENGED AUTO BODY SHOPS
COMMUNICATION FROM THE CHAMBER OF COMMERCE
Communication No. 386 - The Chamber of Commerce .Niagara Palls, Canada - Re:
Unlicenced Auto Body Shops. The communication discusses complaints from
members concerning businesses operating without licences or in non-commercial
areas where the owners are not assessed for business taxes by the City,
with particular reference to au[a body .businesses in residential areas; and
attaches a report on the matter.
Mr. William Black, Chairman of the Chamber of Commerce Industrial
Committee, and Mr. Glenn Gandy, General Manager, were in attendance at the
meeting. Mr. Black acknowledged the information provided by the Chief
Administrative Officer that the City would continue working with the Chamber
to become more aware of infractions of the by-law and to strengthen by-law
enforcement.
Messrs. Robert Macrae, and Robert Paladichuk of Auto Magic Design Collision,
attended the meeting. Mr. Macrae discussed the lack of by-law enforcement
because of lack of manpower. Mr. Paladichuk advised that he and Mr. Macrae
had received a copy of the Chamber of Commerce report.
In response to questions raised the Director of Buildings & Inspections
confirmed that additional manpower was required for better by-law enforcement.
He stated that the Department was doing a "good Job", and discussed the problems
encountered by neighbours of unlicenced auto body shops.
The Chief Administrative Officer suggested that the matter be referred to
Staff to implement recommendations where possible, and continue working with
the Chamber of Commerce.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that
the the communication be received and referred to Staff for recommendations.
It was further recommended that appreciation be expressed to the Chamber of
Commerce. Carried Unanimously.
COMMUNICATIONS
No. 387 - ~ Planning &~ - Re: Parking for HandicapPed. The
communication attac~es repor~-DPD 1801 which contains recommendations with
respect to handicapped parking across Niagara, and stating that the needs of
the handicapped would be best met if there was a common, uniform approach to
the provision of handicapped parking across Niagara.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that
the communication be received and filed. It was further recommended that a
copy be forwarded to the 8ocial Planning Council. Carried Unanimously.
No. 388 - ~% Munici alit of Nta ara - Re: Public Attitudes Towards the
Great Lakes. The communication attaches a memo summarizing the results of a
recently published survey of public attitudes towards the Great Lakes.
ORDERED on the motion of Alderman Somerville, seconded by Alderman C~mmtnge,
that the communication be received and f}~ed. Carried Unanimously.
No. 389 - ~1 Public Works - Re: Water/Sewage Flows - Monthly Report
for October 1984. The communication attaches the aforementioned monthly report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that
the communication be received and filed. Carried Unanimously.
No. 390 - Ontario Human Rights Commission - Re: 36th Anniversary of United
Nations! Universal Declaration of Human Rights. The communication urges Council
to support the designation of December 10th at Human Rights' Day, and December
10th to 16th, 1984, as Human Rights' Week.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that
the communication be re, calved and filed. Carried Unanimously.
No. 391:,- Ontario Oood Roads.~_.~Association Re:, Funding to preserve existing
roads system. 'The communication reques~Council to support a resolution
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regarding the inadequacy of the funds made available by the GOvernment of
Ontario for municipal road subsidy, to the Ontario Cabinet Committee on
Resources Development.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that
Carriedthe communicatiOnunanimousl~be received and the resolution supported.
See Resolution No. 119.
No. 392 - Niagara Shrine Club - Re: Grant request. The communication requests
Council to conside~ granting the Shrine Club in 1985
taxes on its North Street building, an amount equal to the
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that
Carriedthe communicatiOnunanimouslbe, referred to the Finance Committee for consideration.
~2 ~3 ~ar~al~ls (Drake)Pirates_ Re: 3rd Annual Non-body Contact
k T~u communicatio~requests a special occasion permit for
the aforementioned hockey tournament scheduled for March 22nd to 24th, 1984.
ORDERED on the ·
motion of Alderman Cummings, seconded by Alderman Kerrio, that
the request of the Niagara Falls (Drake) Pirates for a special occasion permit
for the 3rd annual non-body contact hockey tourny to be held on March 22nd,
23rd, and 24th, 1985, at Stamford Memorial Arena and Jack Bell Arena, Niagara
Falls, be approved subject to the approval of the Regional Police Depart]nent,
the Niagara Falls Fire Department, the Niagara District Health Unit, and the
Liquor Licensing Board of Ontario. Carried Unanimously.
No. 394 -~Munic.iai Affair, a Housing . Re. O.N.I.P.
The communication advise- ~~ ' Expenditures.
~o ~=u lungs are available within the Community Renewal
Branch budget this fiscal year to pay the provincial share of all ONIP expendi-
tures incurred locally and requests participating municipalities to submit
claims prior to December 31st, 1984.
ORDERED on the motion of Alderman Gummings, seconded by Alderman Coville, that
the communication be received and referred to Staff. Carried Unanimously.
No. 395 - ~onal Munici~of Niagara - Re: Third Quarter 1984 Building
Permit Activities. The communication at-~aches a copy of report DF 84-157
containing information with respect to building permit activities for the
third quarter of 1984.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the communication be received and filed. Carried Unanimousl_~
REPORTS
No. 629 - Chief Administrative Officer - Re: Spectator Heating - Niagara South
Arena. The report advises that $2,600 has been included in the 1984 operating
budget to provide heat for the Niagara South Arena, that the Niagara South
Recreation Association has agreed to pay $4,000 towards the project, and that
the lowest quotation for the work being done amounted to $5,399. It is
recommended that the report be received and filed.
Alderman Hinsperger declared a conflict of interest because he is involved
in the Association.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
the communication be received and filed, and further, that a letter of appreciation
be forwarded to the Niagara South Recreation Association. The motion Carried
with Alderman Hinsperger abstaining from the vote on a conflict of interest
previously recorded, and all others voting in favour.
-No. 630 - Chief Adm~tntstrattve Officer - Re: Quotation for Push Type Lawn
Mowers. The report recommends that th---------e quotation for the supply of thirteen
(13) push type lawn mowers submitted by Pindar's Lawn and Leisure Ltd., in the
amount of $4,964.80 be accepted.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville,
that the report be received and adopted. Carried Unanimouml .
See Resolution No. 118.
-8-
No. 631 - Chief Administrative Officer - Re: Repurchase of Lot 46, Plan 243
(Falls Industrial Park7 from Juergen Philipp (Canada) Inc. The report
recommends that the City not repurchase the above noted lands from Juergen
Philipp (Canada) Inc. at this time.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
No. 632 - Chief Administrative Officer - Re: Shrtner's Creek Project -
Drainage/Flood Control. The report recommends that the account rendered by
the Niagara Peninsula Conservation Authority in the amount of $18,087.18 be
paid and that this information report be filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that
the report be received and adopted. Carried Unanimously.
No. 633 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $5,712,167.25 for the two week period
ending December 10th, 1984 be approved by the passing of the By-law appearing
later on the agenda.
Alderman Cummings declared a conflict of interest on Cheque No. 05484
because he is employed by the firm.
Alderman Htnsperger declared a conflict of interest on Cheques No. 05355
and 05485 because he is employed by the company.
Alderman Janvary declared a conflict of interest on Cheque No. 05400
as the person involved.
Alderman Somerville declared a conflict of interest on Cheque No. 05415
because he is a member of the organization.
Additional information was provided on Cheques No. 05437 and 04060, and
the Chief A~mtnlstrattve Officer agreed to investigate Cheque No. 05394,
Safety Shoes.
ORDERED on the motion of Alderman Coville, seconded by Alderman Kerrio, that
the report be received and adopted. The motion Carried with Aldermen Cummings,
Htnsperger, Janvary, and Somerville abstaining from the vote on Cheques No.
05484, 05485, 05400, and 05415 consecutively, on conflicts of interes~ previously
recorded, and all others voting in favour.
No. 634 - Chief Administrative Officer - Re: Notification regarding
Assessment Appeal Procedure. The report attaches an advertisement td be
published in the local newspaper regarding appeal procedure, and recommends
that the information contained therein be noted and the report received and
filed.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Ker:~p,~i~&t
the report be received and adopted. Carried Unanimousl .
No. 635 - Chief Administrative Offlcsr - Re: Proposed purchase of part of
Henri's Motel Property - Queen Street/River Road. The report recommends the
following:
1) That an appropriate offer to purchase be prepared by the Solicitor's office
for the 63' x 50' lot owned by the Mulligan family and monies for the
purchase be obtained from the Commercial Development Fund.
2) That the offer be presented subject to the concurrence of the Minister of.
Municipal Affairs & Mousing.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Coville~
that the report be received and adopted. Carried Unanimousl .
· See By-law No. 84-289.
No. 636 - ~,-. Re: Agreement with Marshall Macklin Monaghan Ltd.
The report recommends that the necessary by-law to authorize an Engineering
Agreement with Marthall Macklln Monaghan Ltd., for professional services
related to the 'proposed people-mover-system, be prepared for the meeting·
scheduled for December 17, 1984. %~.
-9 -
Alderman Cummings declared a conflict of interest because the firm he is
employed by is involved with the companies who made bids on the proposal.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Keighan,
that the report be received and adopted. The motion Carried with Alderman
Cummings abstaining from the vote on a conflict of interest previously
recorded, and all others voting in favour.
RESOLUTIONS
No. 117 - PUTTICK - KEIGHAN - RESOLVED that the price submitted by Provincial
Construction Limited for storm sewer installation on Valley Way and Portage
Road, Contract S.S. 32/84, be accepted in the total amount of $410,546.30;
AND the Seal of the Corporation be hereto affixed. The motion Carried with
the following vote: ~
AYE:andMay°rsomerville.Smeat°n' and Aldermen Cummings, Keighan, Kerrio, Merrett, Puttick,
NAYE: Aldermen Baker, Chessman, Coville, Hinsperger, Janvary, and Orr.
No. 118 - KERRIO - SOMERVILLE - RESOLVED that the unit prices submitted by
Pinder's Lawn and Leisure Ltd., for thirteen (13) push type lawn mowers, at
the low tendered amount of $4,964.80, be accepted; AND the Seal of the
Corporation be hereto affixed. Carried Unanimously.
No. 119 - CUMMINGS - COVILLE - RESOLVED that The Corporation of the City of
Niagara Falls endorses the concerns expressed by the Ontario Good Roads Assoc-
iation respecting the inadequacy of the funds made available by the Government
of Ontario for municipal road subsidy as expressed in their brief to the
Ontario Cabinet Committee on Resources Development dated November 1, 1984,
AND FURTHER that a copy of this resolution be forwarded to the Treasurer of
Ontario, the Secretary to the Ontario Cabinet and the Minister of Transporta-
tions and Communications. Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Keighan,
that leave be granted to introduce the following by-laws and the by-laws be
read a first time:
No. 84-280 - A by-law to authorize the execution of an agreement with
Provincial Construction (Niagara Falls) Limited for storm sewer
installation. (Valley Way & Portage Road).
No. 84-284 - A by-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Ellen & McGrail Avenues).
No. 84-285 - A by-law to amend By-law No. 76-102, as emended, respecting the
issue of licences. (Hawker & Pedlar).
No. 84-286 - A by-law to authorize an agreement with Bassai Limited for the
installation of a ceiling at the Stamford Memorial Arena.
No__:_.84-287 - A by-law to adopt a Redevelopment Plan for the Queen Street/River
Road Redevelopment Area.
No.__:. 84-288 - A by-law to provide monies for general purposes.
No. 84-28._______~9- A by-law to authorize the acquisition of land for the widening of
Queen Street and for park purposes within the Queen Street/River
Road Redevelopment Area.
The motion Carriedwith Aldermen Baker, Cheesman, Coville~ Hinsperger, Janvary,
and Orr voting contrary on By-law No. 84-280; Aldermen Cummings, Hinsperger,
Janvary, and Somerville abstainin8 from the vote on By-law No. 84-288 as
prevtou~y recorded in Report. No. 633; and all others voting in favour.
ORDERED%~ the,~otion of Alderman Merrett, seconded by Alderman Mlnsperger,
that th~Ollow"~laws be now read a second and thtrd'ttme~.~
~ .... 10
- 10 -
No. 84-280 - A by-law to authorize the execution of an agreement with
Provincial Construction (Niagara Falls) Limited for storm sewer
installation. (Valley Way & portage Road).
No. 84-284 - A by-law to ~nend By-law No. 3790, being a by-law for the
regulation of traffic. (Ellen & McGrail Avenues).
No. 84-285 - A by-law to amend By-law No. 76-102, as amended, respecting
the issue of licences. (Hawker & Pedlar).
No. 84-286 - A by-law to authorize an agreement with Bassai Limited for the
installation of a ceiling at the Stamford Memorial Arena.
No. 84-287 - A by-law to adopt a Redevelopment Plan for the Queen Street/River
Road Redevelopment Area.
No. 84-288 - A by-law to provide monies for general purposes.
No. 84-289 - A by-law to authorize the acquisition of land for the widening of
Queen Street and for park purposes within the Queen Street/River
Road Redevelopment Area.
The motion Carried with Aldermen Baker, Chessman, Coville, Rtnsperger, Janvary
and Orr voting contrary on By-law No. 84-280; Aldermen Cummings, Hinsperger,
Janvary, and Somerville abstaining from the vote on By-law No. 84-288 as
previously recorded; and all others voting in favour.
NEW BUSINESS
RECREATION COMMISSION - VOLUNTEER NIGHT
Alderman Cummings advised that Volunteer Night which was held December 7th,
1984 at the Optimist Club, in order that the Recreation Commission might
honour volunteers in the Community had been a great success. His Worship
Mayor $meaton commended Alderman Janvary on her efforts in this respect.
RAINBOW BRIDGE - TIOkFFIC
Alderman Merrett discussed the traffic congestion on the Rainbow Bridge
and suggested that the Chief Administrative Officer contact Canada Customs and
bring to their attention the need for additional Staff during the pe~k hours
of the Festival of Lights.
JOHN MacDONALD - PRESIDENT,
THE SOCIETY OF DIRECTORS OF MUNICIPAL RECREATION OF ONTARIO
Alderman Janvary referred to a communication which had been included in
Information for Council items in the Agenda, a letter from The Society of
Directors of Municipal Recreation of Ontario, advising of the election of
John MacDonald as President of the Society.
ORDERED on the motion of Alderman Janvary~ seconded by Alderman Keighan, that
the Deputy Recreation Director be congratulated. .,
Carried Unanimously.
CHIPPAWA BRANCH - LIBRARY
Alderman Janvary advised that the dedication of the newly renovated Chippewa
Branch of the Library waa scheduled for Friday, December 14th, 1984 at 7:00 p.m.
It was moved by Alderman Merrett, seconded by Alderman Covtlle, that the
meeting adjourn· ~Unanimously.
REA~ED, · ·
~YOR WILLi~ S. SMEATON
FORTY-THIRD MEETING
Committee Room #1
December 17, 1984
Council met on Monday, December 17th, 1984 at 6:15 p.m. in Committee of
the Whole. All members of Council were present with the exception of Alderman
Somerville. Alderman Merrett presided as Chairman.
Following consideration of the items presented the Committee of the Whole
arose without reporting.
R~ED,
-~TY CLEP~ ' ' '
S. SMEATON
REGULAR MEETING
Council Chambers
December 17, 1984
Council met on Monday, December 17th, 1984 at 7:30 p.m. for the purpose of
considering regular business. All members of Council were present with the
exception of Alderman Somerville. His Worship Mayor Smeaton presided as
Chairman. Alderman Baker offered the Opening Prayer.
VOLUNTEER RECOGNITION
His Worship Mayor Smeaton discussed the importance of 1984 as the
Bicentennial Year of the Province of Ontario, and the Bicentennial programs
implemented by Municipalities throughout the Province to celebrate the occasion.
He referred to the local Bicentennial Committee with Alderman Janvary acting as
Chairperson, and the opportunity of honouring local Volunteers this evening.
Mayor Smeaton and Alderman Janvary presented the following Volunteers with lapel
pins as a token of appreciation on behalf of the City:
Mrs. Margaret Franklin, Ms. Gwen Garner, Miss Alice Moore, Mrs. Brenda Mowat,
Mr. GeOrge Seibel, Ms. Donna Taylor, Mr. Terrance Welch, Mrs. George Bukator on
behalf of her husband, George Bukator, Mr. John Carter, Mrs. Ruth Buchanan,
Mrs. Helen Glennie, Mr. Bill Mackay, Miss Irene Ploszczansky, and Mr. Don Wallace.
The following Volunteers were unable to be present to receive the honour:
Mr. Vincent Quaranta, Dr. Stafford Dobbin, Mrs. Sheila Lows, and Mrs. Anne
Angelone.
Alderman Chessman rose on a point of order to express appreciation to
Alderman Janvary for her efforts'during the past year.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
the minutes of the meeting held December 10th, 1984, be adopted as printed.
Carried Unanimousl .
UNFINISHED BUSINESS
GAMBLING/GAMING COMMITTEE -
COMMUNICATION FROM SOCIAL PLANNING COUNCIL
Communication No. 396 - Social Pl~an~ o~ ~ . Re: Report
of Gambling/Gaming Commit'~e~ee-i' and Bingo Licence Request. The communication
advises that a report will be prepared for City Council outllning~findgng~..and
recommendations on the status of former recommendations of the Gambling/Gaming
Co~ntttee. The communication further reco~denda that the Niagara Falls Youth
Soccer Club does not appear to meet the eligibility criteria for a bingo
licence and recommends that a Bingo Licence should not be issued to the group.
Alderman Cummings declared a conflict of interest because he is a member
of a service club which could be involved.
-2-
Alderman Htnsperger declared a conflict of interest as a member of a
service club which could be affected.
During the discussion that followed the criteria for eligibility to
receive a bingo licence was reviewed, and action taken at the Council meeting
on November 5th, 1984 in connection with the application of the Niagara Falls
Youth Soccer Club was discussed.
Mr. William Mackay, President of the Niagara Falls Youth Soccer Club, was
granted permission to address Council on the motion of Alderman Cheesman,
seconded by Alderman Janvary. Mr. Mackay stated that the Club proposed to
operate on one night at'th~ electronic.-bingo hall.
Followinz £urther ~iacussion it was moved by Alderman Orr, seconded by
Alderman Cave'la, ~at the communication be received and filed. It was further
recommended that the Niagara Falls Youth Soccer Club be denied a bingo licence.
The motion Carried with Aldermen Cua~ninge and Rinsperger abstaining from the
vote on conflicts of interest previously recorded, and with the following vote:
AYE: Aldermen Baker, Cheeeman, Coville, Janvary, Keighan, Kerrio, Orr~ and
Puttick.
NAYE: Alderman Merrett.
CO~9~UNICATIONS
No. 397 - ~alle Cataracts Oldtimers HockeZ Association - Re:
Tournament, March 21 - 24, 1985. The communication requests a special occasion
permit for the above mentioned event.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the request of the Niagara Falls Cataract Oldtimera Hockey Association for
a epecial occasion permit for the first annual hockey tournament to be held on
March 21st, 22nd, 23rd, and 24th, 1985, at the Niagara Falls Memorial Arena,
Niagara Falls, be approved subject to the approval of the Regional Police
Department, the Niagara Falls Fire Department, the Niagara District Health
Unit, and the Liquor Licensin~ Board of Ontario. Carried Un~
REPORTS
No. 637 - Recreation Commission - Re: Recreation Master Plan Update. The
report recommends that Council receive the Recreation Master Plan Update,
submitted by Proctor and Redfern Limited and refer the item to the Redreation
Commission and City Staff for a report and recommendations.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hinsperger,
that the report be ·received and adopted. Carried Unanimously.
No. 638 - Chief Administrative Officer - Re: The Buildings & Inspections
Department~The report provides information with
regard to Permits issued and Highlights for November, as well as December
Proposals for the information of Council.
. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
the report be received and filed. Carried Unantmousl .
No. 639 - Chief Administrative Officer - Re: 5678 and 5682 Buchanan Avenue.
The report~operty is zoned DTC (Deferred Tourist
Commercial) which does not permit apartments in accordance with Zoning By-law
No. 79-200 which was passed in 1979, and prior to that time was zoned as
Rd(Residential 4) which allowed apartment buildings. The report further
advises that the building was established prior to 1955, and that no permits
have been issued on the property since 1955. It is recommended that the
information contained therein be received and filed.
The Chief Administrative Officer replied to questions raised and stated
that the responsibility tar providing parking space for the tenants rests with
the owner, and could be acquired by the purchase of nearby property and perhaps
demolishing the building in order to provide.parking.
ORDERED on the motion of Alderman Cummings~ seconded by Alderman Keishan~ that
the report be received and adopted. Carried Unanimousl .
-3-
No. 640 - Chief Administrative Officer - Re: Release of Cash-in-lieu Agreement
between Th~ Niagara Falls and Pasquale Ramunno for
parking - 5020 Centre Street. The report recommends that Council pass the by-law
OnpasqualetOnight,SRamunno.agenda authorizing the release of the cash-in-lieu agreement with
ORDERED on the motion of Alderman Baker, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimousl .
~-law No. 84-297.
No. 641 - Chief Administrative Officer - Re: Site Plan Approval - Proposed
27 Storey ~inson Street (east limit). The report recommends
that the Council approve the site plan on display at tonight's meeting, being
a proposed 27 storey hotel, and the site plan being drawing number SP-1 dated
November 7, 1984, and the site servicing plan being drawing number 1, dated
September 28, 1984, and filed with the Buildings and Inspections Department of
the City of Niagara Falls on December 14, 1984, and that such approval be
subject to the conditions contained in the report.
The Director of Buildings & Inspections discussed the proposal with the
assistance of posted sketches in terms of area, size, number and type of units,
as well as parking, and advised that the site plan agreement would be brought
to Council for approval. He replied to questions raised regarding the number
of storeys, the size of the lot, and fire protection measures.
In response to questions raised Mr. Joe Moretta advised that construction
would begin within a year or so.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Curamings, that
the report· be received and adopted. Carr_____~ed Unanimously.
No. 642 - Chief Administrative Officer - Re: 1984 Capital Budget Projects.
The report ad---~ises that t~ by_laws dealing with the installation
of watermaine, storm sewers~ sanitary sewers, reconstruction of various roads
and local improvements appearing on tonight's agenda, and recommends that these
by-laws be passed by Council.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that the
report be received and adopted. Carried Una~
See By-laws No. 84-290,
No. 84-291, No. 84-293,
No. 84-294__z_, and No. 84-295.
No. 643 - Chief Administrative Officer - Re: Oakes Park Baseball Diamond
Stands - Engineering Agreement. The r--~eport recommends that the by-law appear-
ing on tonight's agenda, authorizing an Engineering Agreement with Acres
Consulting Services Ltd. for the design and contract administration for the
replacement of Oakes Park baseball diamond stands, be approved.
Alderman Cummings declared a conflict of interest 'because he is employed
by the firm involved.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that the report be received and adopted. The motion Carried with Alderman
Cummings abstaining from the vote on a conflict of interest previously recorded,
and all others voting in favour.
~84-298.
No. 644 - Chief Administrative Officer - Re: Waste Management Master Plan
Options Evaluations - Stage 3. The report recommends that the Region be advised
that the major system options to be analyzed in detail in Stage 3 of the Waste
Management Master Plan Study as described in "Appendix A" of DEA 243~ Item
October 23, 1984 are satisfactory to the City.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Keighan, that
the report be received and adopted. Carried Unanimousl .
-4-
No. 645 - Chief Administrative Officer - Re: Fruitbelt Parkway - Development
Agreement Extension. The report recommends that the deadline for completion
of Fruitbelt Parkway, as stipulated in the Development Agreement with Fruitbelt
Trucking Incorporated, be extended to June 30, 1985. Mayor Smeaton referred to
concerns expressed to him regarding a further delay in the road construction,
and some members of Council.reviewed concerns regarding the matter.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Kerrio, that
the matter be tabled and referred to the Municipal Works Committee for
consideration. The motion Carried with the following vote:
AYE: Aldermen Chessman, Coville, Cummings, Hinsperger, Keighan, Kerrio, Merrett,
Orr, and Puttick.
NAYE: Aldermen Baker and Janvary.
No. 646 - (PD/105/84) - Chief Administrative Officer - Re: 1985/~6 C.A.I.P.
Application. ST-93. The report recommends the following:
1) That City Staff be authorized to prepare a 1985/86 G.A.I.P. application for
the Clifton Hill Commercial Area;
2) That details of the application, including project costs, cost sharing
arrangements and so on, be presented to Council for consideration in advance
of the January 31, 1985 application deadline.
ORDERED on the motion of Alderman Curmmings, seconded by Alderman Kerrio,
that the report be received and adopted. Carried Unanimousl .
No. 647 - Finance Committee - Re: Tax Refund and Reduction under Section 363
of the Municipal Act. The report recommends that Council endorse the following
action:
1) The applications for refunds and reductions of 1984 taxes as listed in the
report be approved;
2) That the by-law appearing later on the agenda in respect to Section 363
of the Municipal Act be approved.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio,
that the report be received and adopted. Carried Unantmousl .
See By-law No. 84-296.
No. 648 - Finance committee - Re:
recommends the following:
l)
2)
Finance committeeReporte. The report
Ho_~ital for Sick Children Foundation -
- That the City support the Hospital for Sick Children in the amount of
$100~00.
ORDERED on the motion of Alderman Gun, hinge, seconded by Alderman Hinsperger,
that the report be received and the recommendation adopted.
Carried U~
~orts for October and November 1984 -
- That the Tax Status Reports dated October 31, 1984 and November 30, 1984
be received and filed as information for council.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary,
that the report be received and the recommendation adopted.
Carried Unanimously.
No. 649 - Chief Administrative Office.~r - Re: Municipal Accounts. The report
recommends that the accounts totalling $1,710,723.62 for the one week period
ending December 17th, 1984 be approved by the passing of the by-law appearing
later on the agenda.
Alderman Cummings declared a conflict of interest on Cheque No. 05559
because he is employed by the company; and on Cheque No. 05569 because a
relative is involved in the program.
Alderman Htnsperger declared a conflict of interest on Cheque No. 05562
because he is a~ employee of the firm.
ORDERED on the motion of Alderman Kerrio, seconded by Aldermen Orr, that
the report be received and adopted. The motion Carried with Alderman Cummings
and Htnsperger abstaining from the vote on confl~ interest previously
recorded on Cheques No. 05559, 05569, and 05562 consecutively~ and all others
voting in favour.
-5 -
No. 650 - Chie._____f Administrative Officer - Re: Surplus Municipal Property -
Glenholme Avenue. The report recommends that Staff be authorized to advertise
the sale of Lot 39, Plan 28, located on the west side of Glenholme Avenue,
north of High Street.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that
the report be received and adopted. Car.___ried Unanimous_~.
No. 651 - Chief Administrative Officer - Re: Proclamation and Observance of
Local Governme'----nt Week -~ 1985. The report recommends that
members of Council and City Staff participate in the observance of Local
Government Week as suggested in the report.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimousl~
No. 652 - Chief Administrative Officer - Re: 3ohn Crocco . 5916 North Street.
The report reviews actions ~respect to the aforementioned, advises
that no further action was directed by council, and recommends that this report
be received for the information of Council. In response to questions raised
the Deputy Clerk advised that Mr. Crocco had received a copy of the report.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that
the report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Baker, Chessman, Coville, Cummings, Hinsperger, Janvary, Keighan,
Kerrio, Merrett, and Orr.
NAYE: Alderman Puttick.
No. 653 - Chief Administrative Officer - Re: Appointments to Boards, Commissions,
& committees. The report recommends that Council consider the various Council
and citizen appointments to the various boards, commissions and committees, the
terms of which expire at the end of 1984, and that the appointments decided
upon be confirmed by Byflaw at the meeting to be held on January 7, 1985.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings,
that a decision on appointments .be made by a show of hands. ~he motion Carried
with the following vote: --------
AYE: Aldermen Cummings, Hinsperger, Janvary, Keighan, Kerrio, and Puttick.
NAYE: Aldermen Baker, Chessman, Coville, Merrett, and Orr.
Nominations were made for appointments to Boards, Commissions, and
Commtttees~ as follows, and nominations were closed:
~a Falls Public Librar~_~_~ -
Mr. Har~y:R~stTge was appointed for th~3' year_term of. ~985~ .~986, and 1987;
~andards Committee -
N~:~ GardonLGoult¥ w~:appointed for the~3.year term~of ~985,.~986~, and.1987;
Nia ara District Air orr Commission -
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that
Aldermen Baker~ Coville, and Merrett be re-appointed to the Commission, and the
citizen.appointees, Jack Merrett and Harry Schisler. be confirmed for the year
1985. Carried Un~
~ Transit Commission -
M~ss~s~ .Guy ~Prata.an&~George-Mower~jwe~e appointedfo~ the years.~1985 a~d. 1986;i
Nia ara Falls .Humane Societ -
Ms. Pam Stewart and Mr. Andrew. Whiteley were appointed for the year 1985.
ORDERED on the motion of Alderman Htneperger, seconded by Alderman Cummings,
that Alderman Baker be re-appointed to the Board for 1985. Carried Unanlmousl .
ORDERED on the motion of Alderman Htnsperger, seconded by Alderman Kerrio, that
Mr. Vita Scaringl be re-appointed for the 1985 term. Carried Unanimousl .
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Recreation Commission -
ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that
Aldermen Cummings and Janvary be re-appointed to the Commission for the
year 1985. Carried~
Appointees for the 2:~ear term~of.1985~and 1.986..were~as.f~llowa:
Mr. H. Thistlethwaite, Mrs. Susan Anderson, Mr. Gary MacGillivray,
Mr. Bill Campbell, and Mr. R. Hanna;
Mr. Ian Longmuir was appointed for the 1 ygar term of 1985;
Niagara Falls Board of Museums -
Messrs. J. Burtniak and Ray Wilson were appointed to the Board of Museums for
the 3 year term of 1985, 1986, and 1987;
ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that
Mr. M. Willick be appointed to the Board of Museums for the term 1985.
Carried Unanimously.
Co,unity Resources Centre Management Committee -
Tenant Re~resentatives -
Mr. John Prentice and Mrs. Renate Martin were appointed for the term 1985;
Social Planning Council R~resentative -
Mr. John Carson was appointed for the term 1985;
From the CommunitZ At Large -
Mr. Roy E. Webb was appointed for the term 1985;
Y.M.C.A. -
ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that
Alderman Janvary be appointed as Council representative for the year 1985.
Carried UnanimouslZ.
Regional Niagara Tourist Council -
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cheesman,
that Alderman Puttick be appointed as Council representative for 1985.
Carried UnantmouslZ.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Ke%ghan,
that the appointments be ratified. Carried Unanimousl .
RESOLUTION
No. 120 - CHEESMAN - HINSPERGER - RESOLVED that a message of condolence be
forwarded to the family of thelate Mr. Howard James O. Clarke, former Alderman
in the City of Niagara Falls; and former Councillor, and Deputy Reeve in the
former Village of Chippawa; and a well known and highly respected member of
the community; AND the Seal of the Corporation be hereto affixed.
Carried Un~ - .~
BY - LAWS
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that.
the leave be granted to introduce the following by-laws, and the by-laws be
read a first and 'second time:
No. 84-29~0 - A by-law to authorize the construction of certain works as local
improvement,s ,under section 12 of the Local Improvement Act.
No. 84-291 - A by-law to authorize the reconstruction of Main Street from
Stanley Avenue to Conrail Bridge, Oakes Drive from Main Street
to Dunn Street and Buchanan Avenue from Murray Street to Hain
Street,
Carried U~animousl ·
- ? -
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
No. 84-293
No. 84-292._________~A . A by-law to provide for the adoption of an amendment to the
Official Plan of the Niagara Falls Planning Area.
(First Niagara Insurance Brokers).
No._.!_. 84-292B - A by-law to amend By-law No. 79-200, as amended.
(First Niagara Insurance Brokers).
A by-law to authorize the installation of watermains as an
improvement to the water supply system in the Urban Service Areas
of the City.
No. 84-294 -
No. 84-295
No. 84-296 .
No. 84-297 .
No. 84-298 -
A by-law to authorize the construction of storm sewermains as an
improvement and extension to the sewage system in the Urban Service
Areas of the City.
A by-law to authorize the construction of sanitary sewermains as an
improvement and extension to the sewage system in the Urban Service
Areas of the City.
A by-law to provide for the refund of taxes.
A by-law to authorize an agreement with Pasquale Ramunno, In Trust.
A by-law to authorize the execution of an agreement with Acres
Consulting Services Limited to construct new baseball diamond
stands at Oakes Park.
No. 84-299
No. 84-300
Withdrawn. (Fruttbelt Trucking Inc.)
A by-law to authorize the execution of an agreement with Marshall
Macklin Monaghan Limited for engineering services for the Niagara
Falls People Mover.
No. 84-30_________~1 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Cummings abstaining from the vote on By-law
No. 84-298, o---~-~-~a conflict interest previously recorded in Report No. 643, and
abstaining from the vote on By-law No. 84-300 on a conflict of interest because
he is employed by a firm which is involved; Aldermen Cummings and Hlnsperger
abstaining from the vote on By-law No. 84-301 on conflicts of interest previously
recorded in Report No. 649; and all others voting in favour.
ORDERED on the motion of Alderman Htnsperger, seconded by Alderman Kerrio, that
the following by-laws be now read a second and third time:
No. 84-292._________~A . A by-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Falls Planning Area.
No. 84-292__.____.__~B - A by-law to
No. 84-293 - A by-law to
amend By-law No. 79-200, as amended.
authorize the installation of watermains as an
improvement to. the water supply system in the Urban Service Areas
of the City.
No. 84-294 -
A by-law to authorize the construction of storm sewermains as an
improvement and extension to the sewage system in the Urban
Service Areas of the City.
No. 94-295 -
A by-law to authorize the construction of sanitary sewermains as
an improvement and extension to the sewage system in the Urban
Service Areas of the City.
No. 9______4-29--6 - A bY-law to provide for the refund of taxes.
-8-
No. 84-297 - A by-law to authorize an agreement with Pasquale Ramunno, In Trust.
No. 84-298 -
A by-law to authorize the execution of an agreement with Acres
Consulting Services Limited to construct new baseball diamond stands
at Oakes Park.
No. 84-299 - Withdrawn.
No. 84-300 -
A by-law to authorize the execution of an agreement with Marshall
Macklin Monaghan Limited for engineering services for the Niagara
Falls People Mover.
No. 84-301 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Cummings abstaining from the vote on By-laws
No. 84-298 and No. 84-300 on conflicts of interest previously recorded;
Aldermen Cummings and Hinsperger abstaining from the vote on By-law No. 84-301
on conflicts of interest, previously recorded; and all others voting in favour.
-9-
meetingIt WaSadjourn.mOved bYcarriedAldermanunanimously.PUttick, seconded by Alderman Janvary, that the
NEW BUSINESS
CHAMBER OF COMMERCE QUESTIONNAIRE
Alderman Puttick initiated a discussion with respect to the Questionnaire
previously circulated by the Chamber of Commerce, and the report and recom-
mendations to be recelved from that agency regarding the O.W.M.C. Alderman
Merrett advised that the Chamber of Commerce ls not yet prepared to issue a
statement on the matter.
UPCOMING BICENTENNIAL & 1985 EVENTS
Alderman Janvary provided information regarding the following upcoming
events:
1) Oecembar 28, 1984 - Free Skating at Niagara Falls Memorial Arena -
from 2:00 to 4:00 p.m.;
2) December 30, 1984 - All Churches in the City will have worship and.prayer
services to commemorate the Bicentennial;
3) January 6th, 1985 - Bonfire at Firemen's Park to burn Christmas Trees -
hay rides and refreshments - 4:00 p.m.
OPEN MEETINGS & ACCESS TO INFORMATION
Alderman Cheesman referred to a letter recently received from the Ministry
of Municipal Affairs and Housing - Provincial/Municipal Working Committee re-
garding Open Meetings and Access to Information, which had been discussed at
the Council meeting held on November 5th, 1984. The matter had been referred
to Staff to monitor and prepare any required amendments.
The Chief Administrative Officer advised that the matter was being
considered by Staff and a report would be forthcomin~.
APPRECIATION - MAYOR SMEATON
His Worship Mayor Smeaton expressed his appreciation for the assistance
and support he had received during the past 10 months, and wished everyon~
Best Wishes for the Christmas Season and the New Year.
APPRECI~DMINISTRATIVE OFFICER
The Chief Administrative Officer thanked City Staff and all who had worked
to support him during th~ past year. He expressed appreciation to members of
Council. , ;