Minutes1980FIRST MEETING
Committee Room #1
January 7, 1980
C0~IITTEE OF THE WHOLE
Council met on Monday, January 7, 1980 at 6:30 P.M. in Committee of the
Whole. All members of Council were present. Alderman Schisler presided as
Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
Council Chambers
January 7, 1980
Council met on Monday, January 7, 1980 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present. His Worship,
Mayor Thomson presided as Chairman. Alderman Puttick offered the Opening
Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman err, seconded by Alderman Fera, that
the minutes of the meetings held on December 10th and December 17th, 1979, be
adopted as printed. Carried Unanimously.
PRESENTATIONS
15011 ANNIVERSARY OF THE OPENING OF THE FIRST WELLAND CA3AL
"Mr. William Hamilton Merritt", portrayed by Mr. David MacKenzie, presented
the City with a plaque in appreciation of the support providedby the City of
Niagara Falls in furthering the special programs and promotions marking the
150thAnniversary of the opening of the first Welland Canal. "William H.
Merritt" (1793-1862) founded the first Welland Canal which opened in 1829 and
provided a navigable channel around Niagara Falls to link together the greatest
· extent of inland waterways in the world.
DR. RONALD ZUKER
Mayor Thomson presented Dr. Ronald Zuker with a plaque in recognition
of his achievements in microvascular survey~ a specialized technique in which
a surgeon operates under microscopic conditions. ~lis type of surgery is used
-in attaching or re-attaching a severed piece of tissue with its own blood
supply to a new site on the body or the site from which it has been
accidentally amputated. Dr. Zuker, a former native of Niagara Falls, is
presently a member of a three-surgeon replantation and plastic surgery team
at the Hospital for Sick Children and St. Michael's Hospital in Toronto.
DEPUTATION
GREATER NIAGARA TRANSIT CONMISSION - PROPOSED FARE INCREASES
Communication No. 1 - Greater Niagara Transit Commission - The communication
recommends approval of the following increased fares:"~dults -- from 35¢ to
40¢; Children and Students - from 25¢ to 30¢; and Senior Citizens - from 20¢
to 25¢.
Mr. G. Mawere, Chairman of the Commission provided additional information
in response to a number of questions raised.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that
the fare increase be approved. Carried Unanimously.
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UNFINISHED BUSINESS
AppOINTMENTS TO BOARDS, COI~tISSIONS & COMMITTEES
·
Report No. 1 - City Clerk - The report outlines the appointments required
for terms commencing in 1980, as well as the names of any persons who have
indicated an interest in serving on a particular board, commission or
committee-
Niagara Falls Public Library Board
It was moved by Alderman MacBalm, seconded by Alderman Hinsperger, that Mr.
Lewis be re-appointed for the 1980-81-82 term. Carried Unanimously.
Niagara Parks Commission
It was moved by Alderman Merrett, seconded by Alderman Hinsperger, that
Alderman Puttick be re-appointed for the 1980 term. Carried Unanimously.
Committee of Adjustment
It was moved by Alderman Orr, seconded by Alderman Merrett, that Mr. G. Goult)' P
be re-appointed for the 1980-81-82 term. Carried Unanimously. ~
It was moved by Alderman Sobol, seconded by Alderman C,mmings, that Mrs. M. ~
Veall be re-appointed forthe 1980-81-82 term. Carried Unanimously. ~
'i
Property Standards Committee
It was moved by Alderman Puttick, seconded by Alderman MacBalm, that Mr. K. An 1
be re-appointed for the 1980-81-82 term, and that Mr. J. Bichanski be appoints
to serve the remainder of the 1979-80-81 term to which Mr. J. Ntven had been
appointed. Carried Unanimously. .'
Niagara Falls Board of Museums
It was moved by Alderman Schisler, seconded by Alderman Dilts, that Mr. W. Pai!
be appointed for the 1980-81-82 term. Carrie~ Unanimously.
Greater Niagara Transit Commission
It was move4 by Alderman Schisler, seconded by Alderman Dilts, that Mr- H. Her
and Mr. W. Sootheran be re-appointed for the 1980-81 term. Carried Unanimousl
Recreation Commission
It was moved by Alderman Sobol, seconded by Alderman Wallman, that Mr. G. Fink
Mr. N. Ross, Mr. F. Sacco and Mrs. F. Willi~ms be re-appointed for the 1980-8i
term; that Mr. H. Finbow be appointed for the 1980-81 term; and that Aldermen
C-mm~ugs and Sehisler be appointed for the 1980 term. Carried Unanimously.
Niagara Falls Community Centres Board
It was moved by Alderman Cheesman, seconded by Alderman Dilts, that b'~yor
and the members of Council be appointed as the Niagara Falls Community Centtee
Board for the year 1980. Carried Unanimously.
Niagara District Airport Commission
It was moved by Alderman Cheesman, seconded by Alderman Hinsperger, tha~
Mr. C. Dew, Mr. R. Gerow, lit. J. Merrett, Alderman B. Merrett and Alderman
N, 8chisler be re-appointed for the 1980 term, and that Alderman Cummings be
appointed for the 1980 tem. Carried Unanimously.
Planning & Development Committee
Mrs. E, Bearss and Mr. A. Macklem were nominated to fill the vacancy on the '
Committee. It ~
was moved by Alderman Sobol, seconded by Alderman Cheesmen, th~
Hr. A. Yulcklem be appointed for the remainder of the 1979-80 term to which
Mr. E. Stewart had been appointed.. Carried Unanimously. .
It was moved by Alderman Dilts, seconded by Alderman Hinsperger, that AldermsI
Puttick be appointed for the remainder of the19Zg-80 term to which Alderman
bad been appointed. Carried Unanimously. '
D~wnto~n Board of Management
It was moved by Alderman Merrett, seconded by Alderman O~r, that Mr. K, Gordo':
Mr. A, Macklem and Nrs. M. ~pton be appointed to serve the remainder of the 1
-3-
80 term to which bir. G. Burley, Mr. J. Franklin and Mr. J. Niven had been
appointed. Carried Unanimously.
Finance Committee
It was moved by Alderman Dilts, seconded by Alderman Hinsperger, that Alderman
Merrett be appointed to the Finance Committee for the 1980 term. Carried
Unanimously.
Niagara Peninsula Conservation Authority
It was moved by Alderman Merrett, seconded by Alderman Schisler, that Mr. F. Petrie
be recommended to serve the remainder of the term to which Mr. C. Swayze had
ici Niagara. Carried Unanimously.
been appointed by the Regional Mum pality of
F~.~LOYEE SUGGESTION PLAN
Report No. 2 - Alderman D. Dilts - The report recommends that a $25.00 award
be made to Mrs. Sandra Cloutlet of the Treasury Department for her suggestion
that a system of ropes with portable stands be set up in front of the counter
in the Treasury Department, similar to that being used by many banking
establishments, to provide batter service to the taxpayers during the busy
instalments time.
In response to a question raised by Alderman Merrett, Alderman D~lts
advised that all employees are aware of the rules and guidelines laid down
by the Special Committee concernin~ suggestions.
ORDERED on the motion of ~derman Dilts, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
LAND DIVISION COMMITTEE DECISION - POSSIBLE APPEAL B-614/79 FRUITMELT TRUCKING INC.
P~port No. 3 - City }~nager - The report recommends that an appeal be lodged
against the subject decision by the Land Division Connni~tee in approvin~ the
application.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that
the report be received and adopted. The motion Carried with Alderman Puttick
voting contrary, and all others voting in favour.
PROPOSED PLAN NIAGARA ESCAP. PMENT COMMISSION - DEVELOPMENT CONTROL PROCEDURES
Report No. 4 - City Manager - The report recommends that the Niagara Escarpment
Commission be informed that the City of Niagara Falls does not wish the lands
presently under Development Control but now outside the proposed b~ster Plan
Area, to be transferred back to City Zoning By-law Control until such time as
By-law 79-200 has received Ontario Municipal Board approval.
The Planning Director provided additional information in response to a
question raised by Alderman Chessman.
ORDERED on the motion of Alderma~Sobol, seconded by ~derman Orr, that the
report be received and adopted. Carried Unanimously.
APPLIC~,TION TO NIAGARA ESCARPMENT COl.°fiSSION FOR A DEVELOPMENT PERMIT,
WOODINGTON SYSTEMS INC.
Report No. 5 - City Manager - The report advises of an application for a develop-
ment permit by Woodington Systems Inc. for permission to relocate existing
oil storage tanks and replace existing open storage lagoons with totally
enclosed tanks.
In response to a question raised by Alderman Schisler, Mayor Thomson
advised that the application to the Commission was the same as previously
approved by the Ministry of the Environment, and any,change in the proposal
would require further approvals from the Ministry.
In response to a question raised by Alderman Sobol, Mayor Thomson advised
that the application in question deals strictly with oil storage tanks, and not
for the storage of liquid wastes. The latter proposal has only been announced
recently, and the Municipality has requested additional information on that
matter once it is available.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that
no further comments be added to those prepared by staff, on the understanding
the application is specifically confined to the relocation of existin8 oil storage
tanks and open lagoons with totally enclosed tanks. Carried Unanimously.
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pOSSIBLE APPEALOFLANDDIVISION SEVERANCE B-569/79 JULIUS, LYDIA, KARL &
LILLI KLEIN, THOROLD STONE ROAD & BEECHWOOD ROAD
Report He. 6 - City Manager - The report reconm~euds that Council confirm the
action taken by staff in appealing the Land Division Committee decision to
approve the subject application.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobel, that
the report be received and adopted. Carried Unanimously.
COMMUNICATIONS
No. 2 - Mr. J. Jackson - Re: Hydrant Relocation. The communication requests
that Council consider allowing Mr. Jackson to have his hydrant reloeated, if
he pays $350.00 and the City bears all other costs.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Herrerr, that
the communication be referred to staff for the preparation of a report.
Carried Unanimously.
No. 3 - Ministry of Housing - Re: New Planning Act. The communication advises
that a series of meetings will be held on the application of the legislation
and changes in planning procedures contained in the new Planning Act.
ORDERED on the motion of Alderman Sobel, seconded by Alderman theeamen, that
the communication be received and filed. Carried Unanimously.
No. 4 - Niagara South Condomiuium Corporation No. 5, Park View Estates - Re:
Adjacent Property. The communication requests assistance in having certain
remedial work done on property adjacent to the Condominium property.
ORDERED on the motion of Alderman 8obol, seconded by Alderman Fete, that the
communication be referred to staff for the preparation of a-report. Carried
Unanimously.
No. 5 - Niagara Frontier Humane Society - Re: Service in 1980. The communicatiof
advises that the Society will continue to offer the same calibre of service as
delivered in 1979, that the service incurred a deficit in 1979 and operating on
the 1979 funding scale until a contract is approved would obviously exceed
budgeted costs once more. The communication requests that Council take these
factors into account when considering the 1980 budget. ~
ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that
the communication be received and filed. Carried Unanimously.
REPORTS
No. 7 - City Clerk - Re: AM-42/78, Restricted Area By-law 79-53, J.A.C.K.
Holdings - Proposed Motel on Northeast Comer of Stanley Avenue and Spring
Street. The report advises that the Ontario Municipal Board has appointed
Monday, February 18, 1980 at 11:00 a.m. in City Hall Council Chambers for
the hearing of all parties interested in supporting or opposing the subject
application.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Sobel, that
the report be received and filed. Carried Unanimously.
No. 8 - Planning & Development Committee - Re: AM-24/79, F. Plague, 6430
Montrose Road. The report recommends that Council approve the subject
application and that Council certify by resolution that the application
conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning '
Area as amended and approved by the Minister of Housing.
ORDERED on the motion of Alderman Fete, seconded by Alderman Sobel, that
the report be received a~d adopted. Carried Unanimously.
See Resolution No. 1
See By-law No. 80-4
No. 9 - Planning & Development Committee - Re: AM-28/79, A. & J. Vandenberg,
East Side of Moatrose Read. The report recommends approval of the application
subject to site plan control and that Council certify by resolution that the
application conforms to Official Plan Amendment No. 29 of the Niagara Falls
Planning Area as amended and approved by theMinister of Housing.
ORDERED on the motion of Alderman Bchisler, seconded by Alderman Wallman,
that the report be received and adopted. Carried Unanimously.
See Resolution No, 2
See By-laws 80-5 and
80-6
No. 10 - Plannin~ & Develomnent Connnittee - Re: Housin8 forthe Handicapped.
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The report recommends that Planning staff organize a survey in conjunction
with other agencies directly involved with the handicapped people in order
to determine clearly what the need is for such special accommodation, and
that the Site Plan Technical Committee continue to make builders aware that
some "accessible" units might need to be provided by the private housing
market and this report be made available to builders upon request.
In response to a question raised by Alderman Cun~nings, the Planning
Director advised that staff had worked with the Social Planning Council in
preparing the report, however since there was no longer any professional
staff employed by the Social Pianning Council, the City had ended up working
alone in completing the report. The Planning Director further stated that
staff have explored the mechanics of the matter, mid will attempt to determine
the degree of need for this type of housing. Alderman Puttick commented that
there are handicapped persons who are able to take care of themselves, however
there is.a lack of housing with the proper facilities designed for the
handicapped.
Alderman Chessman suggested that the time may have come when the City
should be urging the Province to move from the active encouragement stage to
the stage of requirement that there be some kind of mandatory provision in
certain situations for provision of accommodation for handicapped persons.
Following further comment, it was moved by Alderman Sobel, seconded by
Alderman Fera, that the report be received and adopted. Carried Unanimously.
VERBAL REPORT - Planning Director - Re: Minor Variance Application, Galco Holdings
Ltd., Former Fallsview Motel. The Planning Director advised that an application
for a minor variance had been received from Galco Holdings Ltd. for the
construction of a 12 storey hotel on the former Fallsview Hotel site. Mayor
Thomson indicated that the intention was to remove the existing building and
construct the 12 storey hotel. Relief was required from the height and side
yard restrictions in the existing zoning. The Mayor further advised that
the verbal report wa~ being given for information purposes, and to keep Council
advised of all maJOr or controversial development applications.
No. 11 - City Manager - Re: Whirlpool Road Bridge and Traffic Restrictions ·
on Whirlpool Read and Church's Lane. The report recommends ratification of
the following action taken by staff: 1) That bridge loading be restricted
to a maximum weight of ten tonnes; 2) Traffic restricted toone-way westerly
on Whirlpool Road between the Niagara Parkway and Stanley Avenue; 3) Traffic
restricted to one-way westerly on Church's Lane from Whirlpool Road to
Stanley Avenue; and4) That the consultants (Delcan DeLeuw Cather and Company
of Canada Limited) immediately design a temporary supporting structure for
placement immediately adjacent to the concrete abutment on the west side of
the Hydro Canal. The report also recommends passage of by-laws to effect
the above traffic restrictions.
ORDERED on the motion of Alderman Schlsler, seconded by Aldermen Fete, that
the report be received and adopted. Carried Unanimously. See By-laws 80-7, 80-8
No. 12 - City Manager - Re: By-law to Res}rict the Weight of Vehicles on
Bridges on Willedell Road, Gender Road and ,.Miller Pnad. The report recommends
passage of a by-law restricting the weight of vehicles on the subject bridges
as follows: 1) Bridge over Tee Creek on Willowdell Road - 2 tonnee; 2) Bridge
over Tee Creek on Gender Road - 5 tonnee; and 3) Bridge over the Union Marsh
Drain on Miller Road - 10 tonnes.
ORDERED on the motion of Alderman Sobel, seconded by Alderman theeamen, that
the report be received and adopted. Carried Unanimously.
See By-law 80-9
'No. 13 - City Manager - Re: Gasoline Storag~ Tanks at Municipal Service Centre.
The report recommends ratification of necessary action taken by staff in awarding
the supply and installation of gasoline storage tanks at the Municipal Service
Centre to Nielsea'a Maintenance Ltd. at a total cost of $15,929.00.
Aldelmmn Schisler suggested that staff check with the fuel suppliers to
determine if tanks are supplied with the purchase of certain gallonages.
Alderman MacBain also advised that there had been a large tank located on
property recently purchased by the Transit Commission, and suggested that
this possibility could be Xnvesttgated.
Following further commexxt, it was moved by Alderman Fera, seconded by
Alderman Herrerr, that the report be rcceived and adopted, and further that
a report be prepared on~the possibility of obtaining tanks from fuel suppliers.
Carried Unanimously.
- 6 -
Study. The report recommends passage
No- 14 - CitJ Manager - Re: Road Needs of an amending agreement with the M.T.C.
of a by-l~w to autho~ize the execution
to provide for an additional expenditure required to finalire an account with
William L. Sears & Associates Limited for the preparation of a Road Needs Study,
ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the
report be received and adopted- Carried UnanimouslY.
See By-law No. 80-1C
No. 15 - City Manager - Re: Lease of Office Space - Niagara Transit. The
report rec~o~ends approval of a revised lease with Niagara Transit at an annual
rental of $7,000 for 1980 and $7,400 for the year 1981.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett, that
the report be received and adopted. Carried UnanimouslY. See By-law No. 80-1Z
No. 16 - City Manager - Re: Lot 13, Falls Industrial Park Extension. The
report reconmends passage of a by-law to authorize an agreement with Antiryes
Kalaycioglu and Abraham Aghamanoukian carrying on business in partnership
under the firm name of M awl Enterprises Co. respecting the sale of the subject
lot.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts, that the
report be received and adopted. Carried UnanimouslY.
See By-law No. 80-1Z~
No. 17 - City Manager - Re: Interim Tax Levy 1980- The report recommends
passage of by-laws to authorize the borrowing of $6,000,000; to provide for an
interim levy of taxes for the year 1980, and to provide for the collection of
interim taxes for the year 1980.
The City Treasurer and City Manager provided additional information in
response to questions raised.
Alderman Sobol suggested that the by-law should be ,to authorize the borro~
of "up to" $6,000,000.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that
the report he received and adopted. Carried Unanimously.
· See By-laws 80-1,
and 80-.3
No. 18 - City Clerk- Re: Advisory Report.
1) Township of Wainfleet - Re: Regional Niagara Report DEP-1189, Policy for the~
preparation of Survey Plans for Land Dedication.
2) Association of Municipalities of Ontario - Re: Labour Relations Seminars.
3) Regional Municipality of Niagara - Re: 1980 Interim Levy By-law.
4) Family & Childtens Services of the Niagara Regi?n - Re: Clarification of
Strike Issues.
5) Ministry of Health - Re: Ambulance Service in Niagara Falls.
6) Brights Wines Limited - Re: Presentation of Commemorat~ve Plaque-
7) Central Mortgage and Housing Corporation - Re: Pilot Workshop - Rehabilitat~
and gpecification Writing.
With respect to the letter from the Ministry of Housing, Alderman Cheesma~
suggested that the fact there seemed to be a satisfactory solution to the
problem should be made known to the public. Mayor Thomson stated that the
matter still has not been satisfactorily resolved, and that the Hospital was
still waiting for the second vehicle. Alderman Cheesman suggested that once
the matter was resolved, it should be brought to the attention of the publict
ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that
the report be received and filed. Carried Unanimously. .
No. 19 - City Manager - Re: Municipal Accounts. The report recommends paymentI
of the municipal accounts.
The City Treasurer and City Manager provided additional information regar<
Cheques #2968, #3036, #3129, #3130 and #3141 in response to questions raised.
'
Alderman Puttick referred to Cheque #2976 for the purchase of batteries a
asked what was being done with the batteries purchased. The Alderman stated
that between the last several accounts by-laws,.sevaral thousand dollars worth~
of batteries had been purchased, and ' although he had been assured the batte~
were being kept in stock previously, he was becoming a little suspicious about
the matter. The Director of Municipal Works Indicated that he would be please~
to prepare a report explaining the purchases, however the Alderman indicated
that he would check into the matter himself.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Wallman, that
the report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 1 - FERA- SOBOL - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 80-4 for the rezoning
of part of Lots 1 and 2, Plan 94, at 6430 Montrose Road, conforms to Official
Plan Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved
by the Minister of Housing; AND the Seal of the Corporation be hereto affixed.
Carried UnanimouslJ[
No. 2 - SCHISLER - WALLMAN - RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby certifies that By-law No. 80-5 for the rezoning
of Part of Lot 4, Concession 7 on the east side of Montrose Road, conforms to
Official Plan Amendment No. 29 of the Niagara Falls Planning Area, as amended
and approved by the Minister of Housing; AND the Seal of the Corporation be
hereto affixed.
Carried Unanimously_
BY-LAWS
ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 80-1 - A By-law to authorize the borrowing of up to $6,000,000.00.
No, 80-2
No. 80-3
No. 80-4
No. 80-5.
No. 80=6
No. 80-7
No. 80-8
~o. 80~9
No. 80-10
No. 80-i1
No. 80-12
No. 80-13
- A By-law to provide for an interim levy of taxes,
- A By-law to provide for the collection of taxes for the year 1980.
- A By-law to amend By-law No. 2530, 1960 of the former Township of
Stamford, now in the City of Niagara Falls, as amended, and By-lay
No, 79-200. (AM-24/79, F. Pingue)
- A By-law to amend By-law No. 395, 1966 of the former Township of
Willoughby, now in the City of Niagara Falls, as amended. (AM-28/79,
A. & J- Vandenberg)
- A By-law to designate an area of land in the City of Niagara Falls
as a site plan control area.
- A By-law restricting the weight of vehicles passing over a bridge
on Whirlpool Road.
- A By-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Church's Lane and Whirlpool Road)
- A By-law restricting the weight of vehicles passing over certain
bridges. (Will0dell Road, Gonder Road and Miller Road)
- A Byelaw to authorize the execution of an amending agreement with
Her Majesty the Queen in Right of the Province of Ontario as
represented by the Minister of Transportation and Communications.
- A By-law to authorize a lease for part of the new City Hall to
Greater Niagara Transit Commission.
- A By-law to provide monies for general purposes.
- A By-law to authorize an agreement with Antiryes Kalaycioglu and
Abraham Aghamanoukian carrying on business in partnership under the firm
name and style of "Mavi Enterprises Co.".
Carried Unanimousl_Z
ORDERED on the motion of Alderman Fare, seconded by Alderman Merrett, that the
following by-laws be now read a second and third time:
.No. 80-.~ - A By-law to authorize the borrowing of up to ~6~000,000.00.
No. 80-2
No. 80-3~
No. 80-6,
%
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No. 8O-5
- A By-law to provide for an interim levy of taxes.
- A By-law to provide for the collection of taxes for the 'year 1980.
- A By-law to amend By-law No. 2530, 1960 of the former Township of
Stamford, now in the City of Niagara Falls, as amended, and By-law
No. 79-200. (AM-24/79, F. pingue)
- A By-law to amend By-law No. 395, 1966 of the former Township of
Willoughby, now in the City of Niagara Falls, as amended. (AM-28/79:
A. & J. Vandenberg)
No. 80-6 - A By-law to designate an area of land in the City of Niagara Falls
a site plan control area.
No. 80-7 - A By-law restricting the weight of vehicles passing over a bridge
Whirlpool Road.
No. 80-8 - A By-law to amend By-law No. 3790, being a by-law for the regulati0~
traffic- (Whirlpool Road and Church's Lane)
No. 80-9 - A By-law restricting the weight of vehicles passing over certain
bridges. (Gonder Road, Willodell Road, Miller Road)
No. 80-10 - A By-law to authorize the execution of an amending agreement with
Her Majesty the Queen in Right of the province of Ontario as repres~
by the Minister of Transportation and Communications-
No. 80-11 - A By-law to authorize a lease for part of the new City Hall to Grea!
Niagara Transit Cormmission.
No. 80-12 - A By-law to provide monies for general purposes.
No. 80-13 - A By-law to authorize an agreement with Antiryas Kalaycio8lu and
Abraham Aghamanoukian carrying on business in partnership under thai
firm name and style of '~4avi Enterprises Co.".
-~;.- Carried Unanimous]
NEW BUSINESS
DOWNTOWN DECAY
Alderman Cheesmmn referred to the letter from Mr. D. Cartel of the Downt0~
Board of Management concerning downtown decay, and the fact that this matter w~
be discussed by Council at a future meeting. The Alderman indicated that for
many years he had felt it should be left to the market place to determine the
necessity for additional commercial development in the City, however as he
watched the increase in new and in some cases, completely unused small plazas,
he was wondering whether Council should consider some type of limitation on
certain types of development. Although it is the developers' dollars being
risked in constructing new commercial proposals, such development is having a
negative impact on the Downtown business area. Alderman Chessman agreed with
Mr. Carrel's letter that it seemed ludricous that Council was spending public
funds to study market conditions throughout the City, and at the same time was
approving the construction of new facilities indirect competition with the
Downtown area when some of the new facilities were not even succeeding themsel~
Hayor Thomson stated that he was concerned about the impact new developme~
was hayins on the Downtown, and indicated that although he was not in favour o~
creating any monopolies, it was time that Council sat down with ,the business
people of the City and listened to their problems. The Mayor referred to the
fact that a market study was carried out prior to the construction of Niagara
Square to determine the need for such a facility, and yet this type of
precaution did not seem to be as important as it was previously considered to
Alderman Cheesman su8Eested that the Legal Department should be requested to
prepare a legal opinion on what options were available to the. City in dealing
with this matter.
Alderman Puttick referred to several large commercial developments present
under consideration by the Planning & Development Connnittee, and suggested that
the question of the need for additional commercial floor space in the City
should be studied before=hess developments ware deslt with by Council.
9
Mayor Thomson indicated that no approvals had been granted yet for
any Of these developments, and suggested that Council deal with the matter
of additional commercial development in the City as soon as possible.
PARKING ON ST. MARY'S STREET
Alderman Merrett referred to a complaint he had brought to the attention
of Council previously concerning the parking of cars on St. Mary's Street near
the apartment complex on Sinnicks, and advised that the problem was still being
experienced by area residents. The Alderman requested that staff check into
the matter again.
MEETING WITH NIAGARA FALLS, NEW YORK CITY COUNCIL
Alderman Merrett suggested that it might be of benefit for the Council to
meet with the Council of Niagara Falls, New York occasionally, to discuss
matters of mutual interest, since both communities have so much in common with
the tourist industry. Hayor Thomson indicated that he meets with the Mayor
of Niagara Falls, New York on a regular basis and that the tourist industries
of both cities were co-operating extensively. The City Manager also indicated
that department heads of both municipalities had met to review various
departmental functions on several occasions.
Alderman Merrett felt it was commendable that officials of the two cities
were meeting periodically, however he was still of the opinion that a Joint
meeting of the two councils would be beneficial.
FINANCE COMMITTEE
Alderman MacBain advised that the Finance Committee would be considering
the Capital Budget on January 9th, 1980, and requested that the budget if approved
by the Committee, be submitted to Council for approval on January 14th. This
would permit review of the operating budget to commence as soon as possible.
The Alderman suggested that the City Treasurer provide Alderman Merrett, the
new member of the Committee, with copiesof the material to be ~eyiewed at the
meeting.
PARKING AT NIAGARA FALLS ARENA
Alderman Cummings asked if anything had been done about the parking of cars
in front of the Niagara Falls Arena. Mayor Thomson advised that the area has
been policed more regularly as far as enforcing the parking regulations was
concerned. Tickets were being issued for any illegal parking. The Hayor also
advised that officials of Nabisco had expressed that their employees would be
issued tickets for parking beside the Arena, even though cars could legally park
in that area. Alderman Cummings indicated that some' type of pillars with chains
had been suggested and asked if this work was going to be done. Hayor Thomson
stated that the work was not finalized as yet.
M.T.C. PROPERTY AT COMER OF FREDERICA STREET AND DRUMMOND ROAD
Alderman Cummings advised that he had received complaints about the littered
condition of the M.T.C. property at the corner of Frederica Street and Drummond
Road following the recent Highway #420 reconstruction. The Alderman requested
that staff contact the M.T.C. in an effort to have the property cleaned up.
RAILWAY TRACKS ON SWAYZE DRIVE
' Alderman Cuenings stated that the railway tracks on Swayze Drive were in
very bad condition and asked if any remedial work had been done on the crossing.
Alderman Merrett indicated that repairs had been carried out earlier, however
the crossing had deteriorated again. Alderman Cummings requested that staff
check into the matter again.
BRIDGEWATER STREET
Mayor Thomson referred to the tragic fatal accident that had occurred
duriu8 the Christmas holidays, where two persons had been killed when their
car had gone out of control at the curve on Bridgewater Street and had plunged
into the Welland River. The Mayor co~lnended the Fire Department unde~ater
team that had worked under such adverse conditions in trying to locate the
vehicle in the River. Mayor Thomson advised that when he had been on the site,
several individuals had approached him requesting that something finally be
done to prevent future accidents. Although the roadway is onder the Jurisdic
of the Region, it is planned to transfer ownership to the Niagara Parks Commi
so that the Commission will have one continuous roadway along the River. The
Mayor advised that the Region had been requested to install guard rails in tk
area a number of months ago, however the Region did not feel this action was
warranted. Mayor Thomson felt that the Region and the Niagara Parks Commissil
should be made aware of Council's concern, and requested to install the neces!
protective devices. The Mayor also suggested that consideration could also
given to making Bridgewater Street one way in the opposite direction continuiz~
up Main Street, and this way it would not be necessary to install devices aloz
the Parkway.
Alderman Dilts stated that while there are other areas along the Parkway
with no guard rails, th~s areais particularly dangerous because the River is
quite deep near shore at this point.
Alderman Puttick, Couneil's representative on the Niagara Parks Commissi
indicated that he would bring the matter up at the next Commission meeting.
Following further comment, it was moved by Alderman Cheesman, seconded
Alderman Sobol, that the Region and the Niagara Parks Commission be requested
to install protective barriers on Bridgewater Street, and further that conaid
be given to the possibility of changing Bridgewater Street traffic to one-way'
in a southerly direction. Carried Unanimously.
It was moved by Alderman Chessman, seconded by Alderman Fera, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
J~.~.'COLLINSON'~i
MAYOR WAYNE THOMS0i
SECOND MEETING
January 14, 1980
Council Chambers
SPECIAL MEETING
Council met on Monday, January 14, 1980, following a meeting of the General
Committee. All members of Council were present with the exception of Aldermen
Orr and Sobol. His Worship, ~yor Thomson presided as Chairman.
REPORTS
No. 20 - City Manager - Re: Site Plan Approval - Holiday Inn, 5339 Murray Street.
The report recommends approval of the subject plan as submitted.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 21 - City Manager - Re: Whirlpool Road Bridge - Load Limit. The report
recommends (a) That Council approve the reduction of permissable load on
Whirlpool Road Bridge over the HEPC Canal to a maximum of five tonnes limit;
(b) Passage of the appropriate by-law; and (c) Approval to erect barricades
over the southwesterly portion of the bridge deck and approaches.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett,
that the report be received and adopted. Carried Unanimously.
No. 22 - City Manager - Re: Purchase of Snow Plows and Sander Units. The repbrt
recommends that permission be granted to obtain formal quotations and purchase
one 96" wide snow plow complete with harness and installations suitable for
pick-up truck mounting, and also for the purchase of one small tailgate sander
installed with a capacity of 600 lbs. material also suitable for pick-up
truck mounting.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that
the report be received and adopted. The motion Carried with Alderman Puttick
abstaining on a conflict of interest, and all others voting in-favour.
No. 23 - City Manager - Re: Quotations for the Purchase of New Power Equipment.
The report recommends the purchase of one four-wheel drive pick-up truck from
Autoland Chrysler and the purchase of one four-wheel pick-up as submitted by
Paul Foy Limited.
Alderman Schisler felt the amounts quoted were too high for the purchase
of 1979 trucks.'
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that
the report be received and adopted, The motion Carried with Alderman Puttick
abstaining on a conflict of interest, Alderman Schisler voting contrary, and
all others voting in favour.
RATIFICATION OF GENERAi COMMITTEE SESSION ITEMS
NIAGARA PARKS COMMISSION TRAFFIC STUDY
It was moved by Alderman Chessman, seconded by Alderman Merrett, that the
City' of Niagara Falls participate in a special committee to be formed to study
the effects of the Niagara Parks Commission Master Plan for Traffic Improvements
in Queen Victoria Park, and that the City representatives on the Special
Committee be determined at a later date. Carried Unanimously.
CITY OF NIAGARA FALLS SANITARY LANDFILL SITE
It was moved by Alderman MacBain, seconded by Alderman Merrett, that the
suggested contents for a solid waste disposal by-law be tabled for two weeks
to allow input from interested individuals on the proposed contents of the by-law;
that individuals previously expressing an interest in the subject be forwarded
a copy of the suggested contents; and that a suitable notice'be placed in the
news media indicating that the matter will be considered at the January 28th
1980 General Committee session. Carried Unanimously.
1980-1984 CAPITAL BUDGET
It was moved by Alderman FmcBain, seconded by Aldermen Merrett, that the
1980-1984 Capital Budget~ be adopted as submitted, 'Carried Unanimously,
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IMPOSITION OF SPEED LIMITS ON THEWELLAND RIVER
It was moved by Alderman MacBain, seconded by Alderman Merrett, that
Council pass a resolutioD requesting the Ministry of Natural Resources to
prepare a recowanendation to the Department of Transport in Ottawa that a
speed limit of 8 miles per hour (13 km) be imposed on that section of the
Welland River from the mouth of the Welland River to the westerly limits
of the Greater Niagara Boating Club property; and that the appropriate
authorities be contacted for permission to have warning signs erected on
both the Weightman Bridge and Railroad Bridge to discourage the practice
of diving or Jumping from the centre span of the bridge into the water;
that signs be erected on both bridges asking boaters to use the centre
span when moving under same. Carried UnanimouslY.
RESOLUTIONS
No. 3 - MERRETT - CUMMINGS - RESOLVED that the quotation submitted by Autoland
Chrysler Ltd. in the amount of $8,078.50 for the supply of one four-wheel drive
pick-up truck be accepted; AND the Seal of the Corporation be hereto affixed.
Carried with Aldem
puttick abstaining.
a conflict of inter
No. 4 - MERRETT - CUMMINGS - RESOLVED that the quotation submitted by Paul Foy
Limited in the amount of $8,042.84 for the purchase of one four-wheel drive
pick-up truck be accepted; AND the Seal of the Corporation be hereto affixed.
Carried with Alder~
Puttick abstaining
a conflict of inter'4
Alderman Schisler
contrary, and all
voting in fayour
No. 5 - PUTTICK - CHEESMAN - RESOLVED THAT WHEREAS concern has been expressed
over the possible danger [o swimmers due to the excessive speed of boats in tht,
Welland River;
THEREFORE BE IT RESOLVED that the Ministry of Natural Resources be requested
to make application for the establishment of a thirteen kilometer per hour speda
limit under the regulations of The Canada Shipping Act to apply to that portiol4
of the Welland River f~om the mouth of the Welland River to the westerly limit{~
of the Greater Niagara Boating Club property;
AND BE IT FURTHER RESOLVED that the Municipality assume responsibility for the~
erection and maintenance of signs; AND the Seal of the Corporation be hereto
affixed. ~ i Carried Unanimousl]
BY-LAW
ORDERED on the motion of Alderman Chessman, seconded by Alderman ttinsperger;
that leave be granted to introduce the following by-law, and the by-law be
a first time:
No. 80-14 - A By-law restricting the weight of vehicles passing over a bridge
on Whirlpool Road.
Carried Unanim0us
ORDERED on the motion of Alderman Schisler, seconded by Alderman Dilts, that
the following by-law be now read a second and third time:
No. 80-14 - A By-law restricting the weight of vehicles passing over a bridge~
on Whirlpool Road.
Carried Unanimaus~
NEW BUSINESS
FINANCE CO~4ITTEE
Alderman MacBaiu aunounced that the Finance Committee meeting would be
held on Wednesday, January 16s 1980 at 4100 p.m. to discuss the operatin8
bud2et. Alderman Puttick indicated that he would be unable to attend on that
date, and asked If the meeting date could be changed. Mayor Thomson advised
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that only those portions of the budget dealing with water distribution,
parking and recreation would be discussed at the meeting and not the entire
budget.
PROPOSED DEVELOPMENT - BUCHANAN AVENUE AND STANLEY AVENUE
The City Manager referred to an application for a proposed hotel development
at the corner of Buchanan Avenue and Stanley Avenue which was to be processed
through the Committee of Adjustment. Council was advised of the application at
the previous meeting, however since that time, the owner has decided to proceed
with the development as a zoning amendment rather than process the application
through the Connnittee of Adjustment.
VACANT PROPERTIES
Alderman Merrett stated that he had received a number of calls from residents
regarding vacant houses at 4570 Lee Avenue and 5951 Dunn Street. The dwellings
have become very run down, and weeds on the lot are very high. The Alderman
requested staff to check into the complaints.
REGIONAL HEADQUARTERS
Alderman Cummings commented that while he was very disappointed over the
decision made by Regional Council to locate the new Regional Headquarters in
Thorold, he wished to commend Mayor Thomson for his many efforts in attempting
to have one of the Niagara Falls sites chosen.
Alderman MacBain asked if there might still be some chance for one of the
Niagara Falls sites to be chosen, since there would be certain unknown expenditures
involved in the Thorold site. Mayor Thomson stated that the Region did have
the costs for servicing and land acquisition when the decision was made. Alderman
MacBain pointed out the figures quoted were only estimates and that the amounts
could change substantially by the time services are actually installed.
Mayor Thomson stated that a great deal of work was done by the City in
presenting the three sites, and there had been no question that at least two
of the sites were excellent and should have been chosen. The Mayor stated that
although the Thorold site was a good location, the decision to choose that site
had been a political decision. With respect to the possibility of the City
objecting to the Thorold site, Mayor Thomson stated that he would feel very
foolish going back to Regional Council at this point, and would likely receive
little support for an attempt to re-open the matter. The Mayor did however
state that should the costs for the Thorold site increase substantially, or
if any change was made from what had originally been proposed, he would object
most strenuously. In response to a question raised by Alderman Puttick, Mayor
Thomson stated there was no urgency in dissolving ~he reserve being held for
the City~s proposed sites.
Alderman MacBain stated that according to the press coverage of the matter,
the vote taken to choose the Thorold site had been done by secret ballot. Ac-
cording to the Alderman's understanding otmunicipal law, any vote taken by
ballot or any other method of secret voting was of no effect. Mayor Thomson
pointed out that a formal motion was made following the vote by ballot which
may clear up any legal question as far as the secret ballot was concerned.
Alderman MacBain felt that if the members of Regional Council had voted in
favour of the Thorold site believing the secret ballot vote to be legal, that
vote could be considered to be of no effect as well.
Alderman Puttick stated that an Ontario Municipal Board hearing may be
required as a result of citizens questioning the expenditure for acquisition,
servicing and construction of a building on the Thorold site. If the illegality
of the secret ballot was brought out at that time, the Board could order the
Region to repeat the process of choosing a site. Mayor Thomson stated that he
would quietly investigate the matter and talk with the Regional Chairman.
The Mayor doubted his efforts would make any difference in the choise at this
time, however he did agree an Ontario Municipal Board hearing could change
matters.
Alderman Cummings asked the Mayor if he felt there was enough support
for one of the Niagara Falls sites to be chosen. Mayor Thomson explaiued that
the City could count on no support from St. Catharines, which would support
either Thorold or Niagara-on-the-Lake, or any site except one in Niagara Falls.
The votes from St. Catharines~ Thorold and Niagara-on-the-Lake were a .substantial
factor in the final decis~on.
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IC was moved by Alderman Cheesman, seconded by Alderman MacBain, that
the meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
O~INSSN; aI~Y'C~,EL: ~YO~ ~AYNE THOMSON
THIRD MEETING
Committee Room #1
January 21, 1980
COMMITTEE OF THE WHOLE
Council met on Monday, January 21, 1980 at 6:30 p.m. in Committee of the
Whole. All members of Council were present· Alderman Wallman presided as
Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting. ~ AA a A
READ ANDADOPTED,
L ~A~4~'~'~
J~.~.'COLLINSON, CITY CLE~"
sm
Council Chambers
January 21, 1980
Council met on Monday, January 21, 1980 at 7:40 p.m. for the purpose of
considering general business. All members of Council were present. His Worship,
Mayor Thomson presided as Chairman. Alderman Marrett offered the Opening
Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman,
that the minutes of the meeting held on January 7, 1980, be adopted as printed.
Carried Unanimously.
PRESENTATIONS
PRESENTATION OF ACHIEVEMENT AWARD TO MR. JOHN MACBAIN
His Worship, Mayor Thomson presented an Achievement Award to Miss S. MacBain,
accepting on behalf of her brother John MacBain. Mr. MacBain, son of Alderman
and Mrs. A. MacBain, is the first student from a City school to win a Rhodes
Scholarship. Mayor Thomson advised that two hundred and twenty individuals
from around the world are chosen each year for this honour, and John MacBain
was one of two chosen from the Province of Quebec. Mr. MacBain will receive
a scholarship to attend Oxford University j. n England, following which he plans
to attend HarvardUniversity in Boston.
PRESENTATION OF ACHIEVEMENT AWARD TO MRS. DOROTHY MILLER
His Worship, Mayor Thomson presented an Achievement Award to Mrs. Dorothy
Miller, a sixty-eight year old speed skater, who won gold medals in the 200 and
500 metre speed skating competition at the Senior Olympics in Lake Placid, New
York.
PRESENTATION TO FIRE CHIEF S.C. THOMSON
Constable John Hodgson, President of the Greater Niagara Safety Council,
presented Fire Chief S.C. Thomson with a plaque in recognition of his work
in fire prevention. City Council was advised that the Niagara-Falls Fire Department
does more safety work in the schools than any other municipality in the Region.
DEPUTATIONS
GREATER NIAGARA TRANSIT CO}~IISSION
Communication No. 6 - Greater Niagara Transit commie~slop.- The communication
presents the statement of affairs of the Commission for the year ended December 31,
1979.
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Communication No. 7 - Niagara Chair-A-Van - The communication presents the
Mr. G. Mowers, Chairman of the Commission, provided additional informer
in response to questious raised by members of Council.
ORDERED on the motion of Alderman MacBain, seconded by Aldennau Cummings,
the communications be received and filed. Carried Unauimously.
UNFINISHED BUSINESS
GROUP HOMES
Report No. 24 - Planning & Development Committee - The report recommends the
the Province be informed the City needs to carry out further study on the ma
of Group Homes before any final decision can be made regarding acceptability
of such homes in the City, and that Planning Staff be instructed to prepare
an amendment to the zoning by-law to prevent the possibility of Group Homes
being established without consideration of specific Zoning Amendments during
this interim period until the aforementioned study has been completed and
recommendations approved by Council.
Alderman Cheesman requested that members of the Planning & Development
Committee, Council and the conmunity approach this matter with a good deal
broad mindedness and generosity. The ~/derman felt it would be regrettable
if through the application of strict residential zoning regulations, some
venture in group homes was shut out.
The Planning Director advised that he felt it would be advisable for th
Committee and Council to meet with the other groups involved, so that a full
understanding of such proposals would be available prior to making a decisio
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that~
the report be received and adopted. Carried Unanimously.
KINGSWAY MOTEL AND REGIONAL URBAN BOUNDARIES
Report No. 25 - City Manager - The report advises that a further meeting
with Regional Officials will be required to dincn~'theICtngnway Motel as it
is affected by the Regional Urban Boundaries.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that
the report be received and filed. Carried Unanimously.
POSSIBLE STREET NAME CHANGE - PORTAGE ROAD
Report No. 26 - Planning Director - The report advises that a meeting has be~
set for Friday, January 25, 1980 of the Street Name Committee, at which time~
the request from the N.R.T.A. for a street name change for Portage Road will.
be considered.
OREEKED on the motion of Alderman Fore, seconded by Alderman Cummings, ,that
the report be received and filed. Carried Unanimously.
TAR COLLECTING PROCEDURES
Report No, 27 - City Manager ~ The report provides information in respouse
questions raised by Alderman Schisler on the tax collection procedure, and t
advises that the Finance Committee supports the present collecting policy.
Alderman Schisler stated that the information Contained in the report
differed from the information he was given by the taxpayer in question, as
far as dates were concerned. The Alderman also stated that the second lette"
sent had not even been signed, and commented that if he had received an
unsigned letter, he would have disregarded it.
In response to a question raised by Alderman Schisler, the City Treasu~
stated that no court Proceedings had been commenced against any property own:
with taxes in arrears.
Following further comment, it was moved by Alderman Hinsperger, seconde'
by Alderman Merrett, that the report be received and filed. Carried Unanimo1
CO~fONICATIONS
No. 8 - Canadian Lea ue for the Liberation of Ukraine - Re: 62nd ~nntversar
of the Declaration o~Ukralntan Independence. ~ne comunicatton requests
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permission to fly the Ukrainian National flag alongside the Canadian flag at
City Hall for the one week commencing January 22, 1980.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Fera, that
the request be approved. Carried Unanimously.
No. 9 - Mr. S, Shaw - Re: "To Help A Child's Heart Beat" Campaign. The
communication requests a contribution for the subject fund raising campaign.
Alderman Cheesman requested to that some background information on the
request be provided for the assistance of the Finance Committee in reviewing
the matter.
ORDEKED on the motion of Alderman MacBain, seconded by Alderman Merrett, that
the communication be referred to the Finance Committee. Carried Unanimously.
No. 10 - Mr. J. Robert Boxma - Re: Cornwill Investments Limited and Bonnington
Heights Limited. The communication advises that the subject firms wish to be
on record as objecting to the passage of any by-law, the approval of any plan
of subdivision or the issuance of any building permit for any development that
must drain into Shriner's Creek through their lands until such time as a
satisfactory drainage scheme is devised to their satisfaction. The conm~unication
also advises that should the Council entertain any applications for zoning or
approval of such lands as would drain into Shriner's Creek, the letter is to be
taken. as a request to be notified of such matters.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Sobol, that
the communication be referred to the Legal Department for the preparation of
a report. ~arried Unanimously.
No. ll - Ontario Mayor's Committee for Canadian Unity - Re: People to People
Petition for Canadian Unity. The communication requests endorsation of the
People to People Petition for Canadian Unity.
Mayor Thomson stated that the purpose of the petition was to indicate
to the citizens of Quebec that the rest of Canada wishes to have them remain
as a part of the Canadian national picture. The Mayor also indicated that
the petition could he referred to the Niagara Falls Hydro CommisSion since
a portion of the communication dealt with utility commissions.
ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that
the petition be endorsed, and further that notification of the endorsation
be sent to the Niagara Falls Hydro Commission. The motion Carried with
Alderman Chessman voting contrary, and all others voting in favour.
No. 12 - Association of Municipalities of Ontario - Re: 1980 Membership.
The communication advises of the 1980 membership fee of $1,847.20.
ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger,
that the 1980 membership fee be approved. Carried Unanimously.
No. 13 - City of Thorold - Re: 1980 Olympic Games. The communication requests
endorsation of a resolution petitionlog the Canadian Olympic Commission and the
Government of Canada to give serious consideration to boycotting the Olympic
Games in Moscow to protest the Soviet military intervention in Afghanistan.
Various members of Council expressed their opinions on the question of
boycotting the Games, or at least having the Games moved to another country.
Following a continued discussion on the matter, it was moved by Alderman Fera,
seconded by Alderman Cummings, that the resolution of Thorold be endorsed.
The motion Carried with the following vote:
AYE: Aldermen Cheesman, Cummings, Dilts, Fera, Hinsperger, MacBatn, Merrett,
Orr, Puttick and Sobol.
NAYE: Aldermen Schisler and Wallman.
No. 14 - Federation of Canadian Municipalities - Re: Request for Resolutions
for 1980 Conference. The communication advises that any resolutions the
municipality wishes to submit for the 1980 conference, must be received in
the F.C.M. national office by March 3, 1980.
Mayor Thomson provided additional information in response to a question
raised by Alderman Cheesman.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that
the communication be received and filed. Carried Unanimously.
No. 15 - Ministry of Intergovernmental Affairs - Re: Rainbow and Whirlpool Rapids
Bridges. The communication advises that the Province is reviewing the matter of
provincial payments made in respect of the subject bridges in consultation with
the Govermment of Canada.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the
communication be received and filed. Carried Unanimous17. . .... 4
- 4 -
No. 16 - Boy Scouts of Canada - Re: 1980 Scout Apple Day. The com~untcation
requests permission to conduct its 1980 Apple Day in Niagara Falls on May 23
and 24, 1980.
ORDERED on the motion of Alderman Marrett, seconded by Alderman Orr, that the
request be approved, Carried Unanimously-
No. 17 - Ministry of the Attorney General - Re: Vandalism. The communication
advises that the Ministry in co-operation with Metropolitan Toronto and the
City of North York has established a provincial/MuniciPal study of vandalism-
Mayor Thomson felt that the problem of vandalism should be referred to
staff, particularly the Parks Department to come in with information on the
extent of vandalism on City property, and possible recommendations on means
of discouraging or eliminating the problem. Alderman Cummings suggested that
the matter also be referred to the Recreation Commission and the Social
Planning Council for input.
ORDERED on the motion of Alderman Cummings, seconded by Alderman MacBain, that.,
the communication be referred to City staff, the Recreation Commission and the
Social planning Council for the preparation of a report. Carried Unanimously-
No. 18 - Olympia Motel - Re: Street Lighting on Centre Street. The communicati~
requests that Council include the completion of the Centre Street lighting
in the 1980 budget.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that
the communication be referred to staff for the preparation of a report. Carri____eZ'
Unanimously.
REPORT~
No. 28 - Recreation Conmission - Re: Oakes Park Running Track. The report
recommends that snow not be removed from the Oakes Park running track and that
the cost of lights for the track be considered in the 1980 Parks Department
budget. ,
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the
report be received and adopted, and further that a copy be forwarded to
Mr. E, Shetar. Carried Unanimously.
No. 29 - Planning & Development Committee - Re: AM-2/80, Bomdal Investments
Ltd., South Side of Murie Street. The report recommends approval of the appli-f
cation, and that Council certify by resolution that the application conforms
to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amends
and approved by the Minister of Housing.
Mayor Thomson conmended the Business & Industrial Growth Agency for the
manner in which the application had been handled. While there could have been
objections from surrounding property owners, public meetings.,Were called, and
full explanations were provided on the project.
ORDERED on the motion of Alderman Fore, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
See Resolution No.
See By-law No. 80-1
No. 30 - City Manager - Re: AM-26/79, D. & J. Cournoyea, 3456 Portage Road.
The report advises that the applicant is presently in the process of preparing
plans on the basis of what the Region rill require in terms of site access,
the location of which will determine the development of the site.
ORDERED on the motion of Alderman Orr, seconded by Alderman Fara, that the
report be received and filed. Carried Unanimously.
No. 31 - City Manager - Re: Policy for Limiting the Number of Extensions given
to Draft Plan Approvals. The report reco~ends that effective immediately, all
rquests for recomendations to the Ministry of Housing for an extension of draf
plan approval be accompanied by a full explanation containing the'reasons for
the requested extension.
ORDERED on the motion of Alderman Chessman, seconded by Alde~man Dilts, that
the report be received and adopted. Carried Unanimously.
No. 32 - City Manager - Re: Balmoral Court Subdivision, The report recommends
that the City advise the Ministry of Housing it has no objections to a six
months extension of draft plan approval of the subject plan to July 26, 1980.
ORDERED on the motion of Aldemnan Sobol, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
No. 33 - City ~anaZer - Rat Ascot Woods Stage 2 Subdivision. The report reco~
-5-
that the Ministry of Housing be advised the City has no objection to a one
year extension of draft plan approval of the subject plan to March 30, 1981.
ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
No. 34 - City Manager - Re: Moretta Estates Subdivision. The report recommends
that the Ministry of Housing be advised the City has no objection to a one
year extension of draft plan approval of the subject plan to February 17, 1981.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 35 - City Manager - Re: 1980 Tenders. The report recommends that permission
be granted for the calling of tenders for certain services, equipment, materials
and clothing which are required by various civic departments for their operation
during 1980.
In response to a question raised by Alderman Chessman, the City Manager
advised that batteries are purchased on a quotation basis at different times
during the year. Alderman Puttick advised that he was still checking into
the matter.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 36 - City Manager - Re: Proposed Sanitary Sewer on Moatrose Road Westerly
from Niagara Square Blvd.- 1979 Capital Budget. The report recommends passage
of a by-law to authorize an agreement with certain property owners providing
for payment of a portion of the construction costs and granting of such
permanent and temporary easements as required to accommodate the proposed sewermain.
In response to a question raised by Alderman Schisler, the Director of
Municipal Works advised that the cost of construction would be approximately
$30,000.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Schisler,
that the report be received and adopted. Carried Unanimously.
No. 37 - City Manager - Re: Consolidated Airport Area Drainage System. The
report recommends: 1) That amounts to be assessed against properties ih the City
for the works authorized by By-law 841-78 as amended by By-law 963-79 totalling
$6,313.95, be paid to the Town of Niagara-on-the-Lake and that the owners liable
for the special drainage rates contained in the aforesaid by-law be notified
of their proportionate charges; 2) That all special assessments of $50.00 or
less be paid by the owners in 1980; 3) That the owners who are assessed for
more than $50.00 be given until April 1, 1980 to pay the whole of their special
assessment in cash, if they wish to commute.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
See By-law 80-17
No. 38 - City Manager- Re: 1980 Parking Budget. The report recommends approval
of the 1980 Parking Budget as presented.
Mayor Thomson. provided additional information in response to a question
raised by Alderman Orr.
ORDERED on!the motion.of Alderman Schisler, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
No. 39 - City Manager - Re: Water Rates. The report recommends that Council
adopt the amending by-law appearing on the agenda that increases water rates
]jy 7% effective June 1, 1980.
ORDERED on the 'motion of Alderman MacBain, seconded by Alderman Sobol, that
the-report be received and. adopted. Carried Unanimously.
See By-law No. 80-18
No. 40 - City Manager - Re: Water Supply System 1980 Operating Budget. The
report recommends that Council adopt the 1980 Water Supply System Operating
Budget as presented,
ORDERED on the motion of Alderman MacBain, seconded by Alderman Cummings~ that
the report ..be received and adopted. Carried Unanimously,
No. 41 - City Manager - Re: Proposed Mingle Subdivision,. The report recommends
preliminary approval of the proposed plan of subdivision subject to five
conditions.
ORDBRED on the motion of Alderman Fera, seconded by Alderman Wallman, that
the report be received and adopted. Carried Unanimously,
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No. 42 - City Manager - Re: Whirlpool Road Bridge. The report recommends:
1) That Council approve the closure of Whirlpool Road from Niagara Parkway
to Stanley Avenue and Church's Lane from Stanley Avenue to Whirlpool Road;
2) Passage of a by-law to provide for the necessary road closings; 3) That
the above mentioned roads remain closed until the installation of shoring
and Jacking systems (approximate period of eight weeks); and 4) That the
interim solution of opening the bridge earlier by the installation of
prefabricated steel towers not be approved.
In response to a question raised by Alderman Cunmings, the Director of
Municipal Works advised that the City has not received the actual report of
the consultant as yet. A soils investigation firm was given the concrete
testing work, and had called and advised the City to close the bridge
immediately due to the concrete being far below standard. It was indicated
that copies of the report from the consultant, once available, would be
supplied to Council.
Alderman Sobol asked if there would be any danger in re-opening the
bridge with the use of prefabricated steel towers as outlined in the report.
The Director of Municipal Works advised that such measures would reduce the
danger since the weight would be taken off the weak column. The bridge
would still have to be reduced to one lane of traffic with a limit of five
tonnes, and because of the cost of renting the temporary supports, it was
not felt such measures were warranted.
Alderman Dilts felt that motorists would not heed the load limit on the ~
bridge if it were allowed to remain open, and for that reason, the danger ~
factor would remain. The Alderman felt the bridge should remain closed until/
the consultants reports are available.
Additional information was provided in response to further questions ~
raised by members of Council. Following further discussion, it was moved by
Alderman Dilts, seconded by Alderman Hinsperger, that the report be received
and adopted. Carried Unanimously.
No. 43 - City Manager - Re: M.E.A. Annual Meeting. The report recommends
that two Egnineers from the Municipal Works be authorized to attend the
subject Annual Meeting to be held in Toronto during Februby, for two days.
Alderman Dtlts noted that one of the items to be discussed during the
Annual Meeting was "Occupational Health and Safety Act, 1978 - Regulations",
and commented that this m~tter is of great importance to the Municipality.
The Alderman felt that it would be well worth the expenditure for the City
to send one of its safety personnel to attend the discussion on this most
important legislation.
Alderman Puttick indicated that he was attending the Ontario Good Roads
Association conference which is to be held in conjunction with the M.E.A.
annual meeting. Since staff had recommended that attendance be limited to t~
days in line with financial restraints, the Alderman offered to reduce his
attendance to two days so that the professional staff members could attend
for three days instead.
Following further comment, it was moved by Alderman Schisler, seconded
by Alderman Chessman, that the report be received and adopted, with the
amendment that a member of the Cityts safety personnel be permitted to attend~
the discussions on the Occupational Health and Safety Act, 1978 Regulations.
Carried Unanimously.
No. 43A - City Manager - Re: Request of Kenmore Construction - "Kingsview
Subdivision". The report recommends that the request of Kenmore Construction
to develop the proposed Kingsview Subdivision on a staged basis, be approved
on the understanding that the first stage of development will include the
construction of Barbara Drive, together with the installation of the required
storm sewer, and that the subdivider's agreement reflect the decision of the
City Council with respect to the new drainage policy presently being prepared
ORDERED On the motion of Alderman Chessman, seconded by Aldemnan Cummings~ th
the report be received and adopted. Carried Unanimously.
No. 43B - City Manager - Re: Municipal Errors and Omissions Insurance. The
report recommends that the City of Niagara Falls indicate its approval of the'
additional premium in the amount of $700.00 to provide additional coverage in
the policy which covers members of the City Council and employees of the City
its Boards, Commissions and special purpose bodies.
ORDERED on the motion of Alderman NacBain, seconded by Alderman Cunnings, ths
the report be received and adopted. Carried Unanimously. · .... 7
-7-
No. 43C - City Manager - Re: Recognition of Prominent Citizens. The report
suggests that members of Council notify the City Clerk's Department of the names
of any persons to be considered for future recognition.
ORDERED On the motion of Alderman Cummings, seconded by Alderman Merrett, that
the report be received and filed. Carried Unanimously.
No. 43D - City Manager - Re: 1979 Tax Collection. The report provides a breakdown
of the tax collector's roll for 1979 along with a statement of tax arrears as a
percentage of tax levy both with comparisons to 1978.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the
report be received and filed. Carried Unanimously.
No. 43E - City Manager - Re: 1979 Local Improvement Program. The report
recommends that Item 3 of Schedule "A" of proposed Local Improvement By-law
No. 79-221, be deleted from the by-law in view of the receipt of a sufficiently
signed petition objecting to the undertaking of construction of asphalt pavement,
curbs and gutters and storm drains on Balmoral Avenue, and application be made
to the Ontario Municipal Board for approval of the remaining works.
. ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 7
See By-law No. 79-221
No. 43F - City Manager - Re: Sale of Unopened Portion of McCredle Road, Former
Township of Willoughby. The report recommends that the unopened portion of the
McCredie Road allowance be closed and conveyed to Dmytro Zapisznij and Anna
Chli~niak at a cost of $1,700.00.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
No. 44 - City Manager - Re: Non-Union Salaries. The report recommends that
non-union salaries for 1980 be set at this time as follows: Levels SC.1 to SC.5
8½% across-the-board increase, Levels ES.1 to ES.6 8½% across-the-board
increase; Levels ES.7 to ES.12 - 8% across-the-board increase; and Levels
ES.13 toES.18 - 7½% increase.
Mayor Thomson requested the Personnel Officer to provide an explanation
in response to a recent newspaper article stating that the City Manager would
receive a 14% salary increase. The Personnel Officer advised that the
intent of the recommendation given to Council in Committee of the Whole was
to apply a 8½% increase to'the salary of the City Manager. The mistake that
had occurred was through an inadvertent figure put into the schedule which
appeared to indicate that there was a 14% differential. The Personnel Officer
stated that Council had been quite clear that it was recommending a 7½%
increase in salary for the City Manager, and that was the increase that
would have been paid to him. Mayor Thomson confirmed that his impression of
the Committee of the Whole discussion on non-union salaries was that at no
time was a 14% increase ever mentioned, nor was there any suggestion that the
City Manager's salary be considered separately from the other non-union salaries.
It was moved by Alderman Puttick that the~eport be tabled. In making
~he motion to table, Alderman Puttick advised that he intended to do everything
in his power to revise the system of salary increases to non-union personnel.
The Alderman felt salary increases should be granted by merit and not by
straight percentages. It was pointed out that using a straight percentage,
an employee at the top range of the salary schedule would receive as much as
three times the cash amount given to an employee at the lower range of the
~chedule. The Alderman did not agree with the argument that the differential
between management and union must be maintained.
Alderman Dilts indicated that he would second the motion to table in order
to allow more discussion of the matter. The Alderman suggested that a survey
should be prepared of salaries paid throughout the Region in order to arrive
at a fair remuneration.
Alderman MacBain stated that he was not opposed to tabling the report,
as long as there was no misunderstanding that Council was tabling the report
because of the incorrect press reports indicating a 14% increase would be
granted to the City Manager. The Alderman stated that his under~tanding was
very clear following the Committee of the Whole meeting, that a sliding scale
increase would be granted to non-union employees. Alderman MacBain felt it
was possible Council should take more care in the fixing of. non-union salaries,
and that it was only fair the non-union personnel be allowed to make a
submission to Council as union employees do. Alderman Merrett agreed that
.Council should allow non-union employees to present their feelings on the
subject of salary increases.
l!I
-8-
Alderman Cheesman commented that there had been no confusion on the part
of Council when discussing salary increases. The report had been prepared
outlining the Increases recommended by Council on the Friday the article had
appeared in the press, and the information would have become public record.
Alderman Chessman suggested that in future, the press should check their
information prior to printing articles, especially editorials, based on
part or misinformation. The Alderman also agreed that Council's agreeing
to table the report should not be considered an indication that Council was
unsure of the decision made previously, or that such action was a result of
the press coverage given on the matter. With respect to non-union salaries,
Alderman Cheesman pointed out that during the past five or six years, union
employees have made gains of 30% to 35% in salaries, while middle and top
management employees have received one third less that gain by percentage.
While the Alderman did not feel all levels should be given the same percent
increases, he did feel that Council should review the differentials since
some of the higher levels might be losing considerable ground.
Alderman Fera stated that he had completely understood the decision Coun
had in Committee of the Whole as he 'was sure all other members of Council had
The Alderman commented that Council discussed three topics in Connnittee of th
Whole - personnel, property and legal matters, and that Council was within it~
rights to do so. Alderman Fera felt the fact information considered in
camera had been given to the press had been embarrassing and would not affect
the community in a positive way. The Alderman stated that he would not blame
other members of Council from refraining from voting in Committee of the .Whol~
as Alderman Schisler has done for some time.
Alderman Orr also felt the leakage of confidential information had been
embarrassing and suggested that such situations would not occur if the press
were allowed to attend in-camera sessions. With respect to salary increases,~
Alderman Orr stated that he did not agree with all of the increases, and
stressed that government spending must be controlled at all levels. Aldermac'
Orr felt that the City should listen to the outside market when determining
salaries. With respect to the suggestion of press attendance at in-camera
meetings, Mayor Thomson advised that this invitation had been extended to the~
press, however the press would not attend if they could not print the
information they obtained during such meetings.
Alderman Hinsperger advised that he had heard rumours that this
information had been given to the press, ane he, as Chairman of the City
Manager's Performance Evaluation Work Group, had called Mr. G. Murray of
the Niagara Falls Review ~nd assured him the increase granted to the City
Manager was 7~%. The Alderman stated that the press had known prior to
publication that the increase was 7½% and not 14%, and to print the incorrect~
information was nothing but sensationalism on the part of the press.
Alderman Puttick stated that he had discussed the matter with the press,!
however at no time had he given any percentages. The Alderman also stated
nothing had been said when an interview was given on union negotiatiohs,
other than the explanation that a confidence had been broken. The Alderman
felt that little consideration had been given in granting the increases,
and again stressed that he did not disclose percentages. Mayor Thomson asked-
the Alderman if he had given the report to the press, and Alder.ma.~ PUttick
stated that he had not given out any percentages.
Alderman Chessman stated that Council had spent sufficient time on the
subject of salary increases and had made a decision in the interest of dealin
with non-union employees so that negotiations with the union could proceed.
The Alderman felt it made it very difficult for the negotiating committee to
negotiate effectively when the union sees erroneous and contradictory materie
in the paper. Alderman Chessman felt that such action allows the. implicatio~!
that Council was dishonest, and had impaired union negotiations,
Mayor Thomson stated that he has attempted to have a totally open
administration and commented that the press had enjoyed the change in atmosph
from previous administrations. No confidences have been kept from Council an
the Hayor stated he was proud of the manner in which Council had been funtrio
The Hayor felt the fact information from Committee of the Whole had been
disclosed to the press was very serious and went right to the heart of the
operation of the municipality. If such practices continued, Mayor Thomson
felt Council could not continue to function effectively. With respect to
Committee of the bole, Mayor Thomson challenged anyone to say that Council
had discussed any topic in camera that d~d not fit within the topics of.prop~
-9-
personnel or legal matters. The Mayor stated that he could not think of a
reason why anyone would break the confidence of Council except for their own
personal gain by getting favouritism through the press. There had been no
delays in submitting the information to Council in formal session, nor was
there anything underhanded implied in the matter. Mayor Thomson hoped that
Council could continue to function as it had been, and stated that if not,
he would have to give serious consideration to continuing on his position,
since he felt under such circumstances he could not work effectively.
Alderman Puttick referred to a call he had made to the Mayor regarding a
person who had visited the Mayor concerning development applications he was
having difficulties in having processed in a particular department. Mayor
Thomson stated that the matter had nothing to do with the subject of non-union
salaries and suggested it be discussed under new business at which time he
would answer any questions the Alderman had.
Following further comment, the motion to table as moved by Alderman Puttick
seconded by Alderman Dilts, Carried Unanimously by those members present.
Aldermen Schisler and Sobol were absent when the vote was taken.
No. 45 - City Manager - Re: Community Resources Centre. The report recommends
that Council approve an expenditure of $9,000 to install alluminum storm windows
at the Con~nunity Resources Centre, such work to be carried out by Tomin~s
Aluminum Company.
.ORDERED On the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the report'be received and adopted. Carried Unanimously.
NOTE: Alderman Puttick retired from the meeting.
No. 46 - City Manager - Re: Senior Planner. The report advises that Mr. D..
Derbyson has been appointed to the position of Senior Planner effective
January 21, 1980.
Alderman Hinsperger asked if Council had authority to decide not to fill
a vacancy in personnel for economic or decreasing workload conditions~ The Planning
Director stated that the City Manager has authority to fill vacancies below the
position of department head. The City Manager advised that in all positions
where a vacancy occurs, the position is evaulated within the department to
determine if the vacancy should be filled. In the case of the Senior Planner,
the City Manager advised that a number of years previously, there had been a
position of deputy department head in the Planning Department, however when
that position had become vacant, the position was eliminated and the position
of Senior Planner was retained. The City Manager further advised that there
had been no doubt in his or the Planning Director's minds that the position was
needed. In response to a question raised by Alderman Sobol, the Planning
Director stated that he had no idea the Planning & Development Committee did
not want the position filled until after the new employee had been engaged.
Alderman Sobol felt the Planning Director had been aware of the feelings
of the Committee, particularly in view of the decreased workload with the
fewer development applications coming before the~Committee. The Planning
Director stated that he had not known prior to the employee being engaged
and further pointed out that the Planning Department has many functions besides
' processing~development applications such as site plan approvals provincial
reports on group homes, housing for the handicapped, etc.
Alderman Sobol suggested that there should be a policy whereby any non-union
y~cancies would he discussed by Council as to what the requirements are for the
Job at the moment, and whether the position in fact was still necessary.
Alderman Fera agreed that such a policy had merit. With respect to the position
of Senior Planner, Alderman Fera explained that he had discussed the appointment
with members of the Planning & Development Committee, however by the time it
was,mentioned to the Planning Director the new employee had been hired.
Alderman Dilts stated that he and other members of the Planning & Development
Committee had waited too long to make up their minds on the need for filling the
vacancy. With respect to the suggested policy, Alderman Dilts felt the policy
should not apply only to non-union but union positions as well. Mayor Thomson
indicated that a report would be prepared on the matter.
Alderman Ctmmtngs indicated that in recent appointments, persons employed
elsewhere had been hired by the City. The Alderman expressed his hope that
the City would consider its own employees wherever possible in filling such
positions. The City Manager stated that staff preferred to fill vacancies
from w~.thin wherever possible.
Following further discussion, it was moved by Alderman Orr, seconded by
Alderman Merrett, that the report be received and filed. Carried Unanimonsly
It was then moved by Alderman Sobol, seconded by Alderman Dilts, that a
report be prepared on a policy for the filling of Job vacancies. Carried
UnanimouslY.
No. 47 - City Manager - Re: parking on Carlton Avenue- The report recommends
that parking be prohibited from the westerly side of Carlton Avenue from Lund~
Lane 285' southerly and from the easterly side of Carlton Avenue from Lundy's~
Lane 135' southerly.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that
the report be received and adopted. Carried UnanimouslY.
No. 48 - City Manager - Re: Parking on Kttchener Street. The report advises
that the~arking Comaittee is not prepared to make a recommendation on this
matter until the appropriate hospital representatives have been contacted-
ORDERED on the motion of Alderman Herrart, seconded by Alderman Orr, that
report be received and filed. Carried Unanimously-
No. 49 - City Manager - Re: Parking in Industrial Subdivision. The report
recommends that parking be prohibited at all times (a) from the north side o1
Progress Street from Stanley Avenue to Earl Thomas Avenue; (b) from the west
side of Earl Thomas Avenue from Progress Street to Murie Street; and (c) iron'
the south side of Murie Street from Earl Thomas Avenue to Stanley Avenue.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Schisler, that?
the report be received and adopted. Carried Unanimously-
No. 50 - City Manager - Re: Resolutions from Other Municipalities-
1) Town of Pelham - Requesting the Provincial Government to amend the Region~
Municipality of Niagara Act to provide for the '%sighting" of assessments.
Recommendation - That the resolution be received and filed.
2) City of Windsor - Ks: Requesting support in opposing an application for a:
contemplated change in the rate structure to apply Usage Sensitive Pricing
under which a customer would pay for frequency and length of calls.
Recommendation - That the resolution be received and filed.
3) City of Bartie - Opposing Quebec's White Paper on prop.q~_ed Sovereignty -
Association.
Recommendation - That the resolution be supported and the appropriate partier
be notified.
4) Regional Municipality.of Waterloo - Suggesting that the second reading of
Bill 127 (Art Act to Revise the Pits and Quarries Control Act, 1971) be delay
and that it be~ritten into the Act that any regulations be circulated to
municipalities with 60 days to comment.
Recommendation - That the resolution be received and filed.
5) Borough of Scarborough - Suggesting the inclusion in the Building Code of
provisions for the protection of occupants against criminal and anti-social~
activities.
Recommendation - That the resolution be endorsed and the Minister Of Consum
and Commercial Relations be so advised.
reconsider his Ministry's decision to discontinue eR le
comprehensive property descriptions on the assessment rolls.
Recommendation - That the resolution be endorsed.
7) City of Kitcharier - Requesting that both Federal and Frovincial-Governmev
be asked to enact legislation to control the possession, sale and registrat~
of air guns and spring guns, or amend the provisions of the Criminal Code t
broaden the definition of firearms.
explanation of the practice used in this municipality.
8) Township of West Carleton - Suggesting that if the City of Niagara Falls!
is seriously affected by the 1980 Equalization Factors, that an appeal be m~
to the Ontario Municipal Board.
Recommendation - That the resolution be received and
9) City of Guelph - Reco~mending that Section 389a (1) of the Municipal Act
repealed with respect to remuneration policies,
Recommendation - That the resolution be received and filed.
10) Town of Oakvilla - Requesting that a full and comprehensive review of
applicable legislation be undertaken by the appropriate Provincial and Fade
· ministries with a view to stricter regulations concerning all aspects of
transportation of hazardous materials by rail, air, sea and highway.
City of Kitch6ner - Urging the Provincial and Federal Governments to place'
priority on the development and presentation of appropriate preventive lsgi
..... 11
- 11 -
governing the transport of hazardous materials.
Recommendation - That both resolutions be endorsed and the appropriate authorities
be so notified.
11) City of Kitchener - Requesting that the Minister of Education be asked to
consider an amendment to Clause 5 of The Public Libraries Act so as to provide
that a municipal council may appoint an alternate elected official to act in
the place of the Mayor.
Recommendation - That the resolution be endorsed and the appropriate authorities
be so advised.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 51 - City Manager - Re: Building & Development Department for December, 1979.
The report provides current news relative to permit statistics, development
proposals and other data concerning the activities of the Building & Development
Department.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
No. 52 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
The C~ty Manager provided additional information in response to several
questions raised.
ORDERED on the motion of Alderman Orr, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 6 - FERA - HINSPERGER - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 80-15 for the rezoning
of lands located on the south side of Murie Street, conform to Official Plan
Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved
by the Minister-of Housing; P/qD the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 7 - CHEESMAN - FERA - RESOLVED that proposed By-law No. 79-221, being a
.by-law to authorize the construction of certain works as local improvements
under Section 12 of the Local Improvement Act, which was read a first and
second time at the meeting of Council held on December 3, 1979, be amended
as follows:
1) by striking out the figures $310,500, $78,217, $141,146 and $91,127 in the
first, second, third and fourth lines, respectively, of the fourth recital
and inserting in lieu thereof $210,500, $53,821, $105,024 and $51,655
respectively;
2) by striking out "1, 2 and 3" in the second line of the sixth recital and
inserting in lieu thereof "1 and 2";
3) by striking out "1, 2 and 3" in the third line of the eighth recital
and inserting in lieu thereof "1 2 and 4"; ,
4) by.striking out "1, 2 and 3" in the third line of section 3 and inserting
in lieu thereof "1 and 2"' '~
,
5) by striking out "1, 2, 3 and 4" in the second line of ~ection 5 and inserting
in lieu thereof "1, 2 and 4"'
,
6) by striking out all of Item 3 of Schedule "A";
7) by striking out the totals $310,500, $78,217, $141,156 and $91,127" at the
bottom of the first, second, third and fourth columns of figures in Schedule
_."A" and inserting in lieu thereof $210,500, $53,821,-$105,024 and $51,655"
respectively;
8) by striking out "1 to 3 inclusive" in the first line of Item B of Schedule
"A" and inserting in lieu thereof "1 and 2"'
,
AND that application be made to the Ontario Municipal Board for an order
approving the construction of the local improvement works in accordance with
the said proposed by-law, as so amended, and the borrowing of money therefor
and the issuance of debentures therefor by the Regional Municipality of Niagara
for an amount not exceeding $210,500; AND the Seal of the Corporation be hereto
affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman .Herrerr, seconded by Alderman Cummings, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 80-15 - A By-law to amend By-law No. 2350, 1959 of the former Township
..... 12
Stamford, now in the City of Niagara Falls, as amended, and By-law:
No. 79-200- (AM-2/80, Bomdal Investments)
No. 80-1~ - A By-law to authorize an agreement with State Crema, Iride Crema,
Peter Bordin, Maria Betdin, Len Legge and Elizabeth Legge.
No. 80-17 - A By-law to authorize the imposition of special drainage rates up0
certain lands and roads in the City of Niagara Falls in respect
which assessments for injuring liability have been made Under the
Drainage Act, 1975 (Consolidated Airport Area Drain). .
No. 80-18 - A By-law to amend By-law No. 75-20 as amended, to regulate the sup,
of water and to provide for the maintenance and management of the
waterworks and for the imposition and collection of water rates.
No. 80-19 - A By-law to provide for appointments to certain boards, commission~
and committees.
No. 80-20 A By-law to provide monies for general purposes. -
No. 80-21 - A By-law to temporarily close Whirlpool Road from Stanley Avenue
to the Niagara Parkway and Church's Lane from Stanley Avenue to
Whirlpool Road. Carried Unanimous]~
ORDERED on the motion of Alderman Cun~ings, seconded by Alderman Cheesman, the4
the following by-laws be now read a second and third time:
No. 80-15 - A By-law to amend By-law No. 2350, 1959 of the former Township of
Stamford, now in the City of Niagara Falls, as amended, and By-law
No. 79-200. (AM-2/80, Bomdal Investments)
· No. 80-16 - A By-law to authorize an agreement with Slate Creme, Iride Crema,~'
· Peter Betdin, Maria Betdin, Len Legge and Elizabeth Legge. "
No. 80-17 - A By-law to authorize the imposition of special drainage rates up~
certain lands and roads in'the City of Niagara Falls in respect
which assessments for injuring liability have been made under the7
Drainage Act, 1975 (Consolidated Airport Area Drain).
No. 80-18 - A By-law to amend By-law No. 75-20, as amended, to regulate the s~
of water and to provide for the maintenance and management of the
waterworks and for the imposition add collection of water rates.
No. 80-19 - A By-law to provide for appointments.to certain boards, commissio~
and committees.
No. 80-20 - A By-law to temporarily close Whirlpool Road from Stanley Avenue
to the Niagara Parkway and Church's Lane from Stanley Avenue to
Whirlpool Road.
Carried Unanimous~
NEW BUSINESS
PROPOSED REGIONAL HEADQUARTERS
Resolution No. 8 - DILTS - HINSPERGER - RESOLVED TEAT WHEREAS the Council of I
the Regional Municipality of NiaSara has voted in favour of the purchase of a.
parcel of lend in the City of Thorold as the site for a proposed new Regional
Office;
AND WltEREA8 the estimated cost of land and services is approximately $380,000~
of which the taxpayers of Niagara Falls will b~ expected to assume 19% of thei
cost;
AND WHEREAS the City Council has not been fully informed of the true cost of !
the land, the anticipated servicing costs and details reSarding accessability~
to the site[
NOW THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls
oppose the purchase of the property and indicate it will register its objectit
with the Ontario Municipal Board regarding any application to consider requesl
made by the Region for the approval of capital expenditures~
AND BE IT FURTHER RESOLVED that a copy of this resolution is to be forwarded
all Councils in the Regional Municipality of Niagara~ AND'the Seal of the
Corporation be hereto, affixed,
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Mayor Thomson advised that a committee had been formed to negotiate with
Brock University and to come back to Regional Council with full costs on the
Thorold site. The Mayor felt it would be more advisable to wait until all
details were known before taking action on the resolution.
Alderman Dilts hoped that Council would consider the resolution regardless
of what comes out of the Region's negotiations. The Alderman also indicated
that he had heard other municipalities in the Region were considering similar
action.
Alderman MacBain advised that he had discussed the matter with a member
of the Board of Governors of Brock University, and had been told there had
never been any discussions other than in very general terms with the Board itself,
to lease or sell any of the lands involved. The Alderman felt it might be
appropriate to take a strong position at this time.
Alderman Ninsperger agreed with the intent of the resolution, particularly
since the City would be paying a substantial portion of the acquisition and
servicing costs for the site.
In response to a question raised by Alderman Schisler, Regional Councillor
Mitchelson stated that the decision made had been s political decision which
the Niagara Falls Council did not like, and as a political body, City Council
could express its objection. Mr. Mitchelson noted that if the situation had
been reversed, the Council would likely have been very happy. The resolution
Carried with Alderman Cheesman voting contrary, and all others voting in ~
faveur.
ROOF AT NIAGARA FALLS HISTORICAL MUSEUM
Alderman Schisler advised that he had atten.ded a recent Museum Board
meeting and had learned that the roof of the Lundy's Lane Historical Museum
was in very bad condition. The City Clerksadvised that he was aware of the
problem, and had referred it to the Engineering Department for action.
M.T.C. PROPERTY Q.E.W. AND FREDERICA
Alderman Cummings advised that the subject property had been cleaned up
and was looking more respectable.
PARKING IN FRONT OF NIAGARA FALLS ARENA
Alderman Cummings asked if any further action has been taken regarding
the parking problem in front of the Niagara Falls Arena. The Alderman noted
that the Recreation Commission had recommended the installation of chains and
posts, however these had not been installed as yet. Mayor Thomson pointed
out that this suggested action had not been approved by Council, and the only
action taken to date was to strictly enforce the existing parking regulations.
The City Manager indicated that action would be taken as soon as possible.
FIRE FIGHTING EQUIPMENT
Alderman Cummings referred to a recent situation in Mississauga where
Fire Department personnel had to fight a fire from a distance of two thousand
feet, and asked if the Niagara Falls Department had equipment capable of
fighting a fire from such a distance. Mayor Thomson indicated that the
Department has the Tele-Squrt which is a comparable piece of equipment~ however
in the case of major disasters or emergencies, all area Fire Departments would
bring in their best equipment to assist~ The Mayor advised that there is a
mutual aid program within the Region and beyond, including Niagara Falls, New
York, whereby all departments could assist in a disaster.
DOWNTOWN REVITALIZATION
Alderman Orr indicated that he would like Council to establish Downtown
Revitalization as a priority for 1980. The Planning Director stated that the
Mayor has been kept informed as well as the Downtown Board on the status of
the matter. Delicate negotiations which Mr. Crate has bean holding have become
even more delicate, however it was hoped that a report could be ready for
Council within a month.
AMBULANCE SERVICE VEHICLES.
Mayor Thomson advised that after a lengthy period of time, the equipment
for the ambulance service in the City has been brought up to its previous
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complement- The service has received two new vehicles, making a total of
three. One is a single stretcher and the other a double stretcher. The
Mayor advised that the ambulance service is very pleased with the equipment
provided.
REMOVAL OF TREES
Mayor Thomson advised of a recent incident that had occurred in an
industrial area of the City, where five mature trees which were acting as a
buffer between two industries, had been cut down and removed. The Mayor
stated that the owner of the one industry "Panel Era" was extremely upset,
particularly since these mature trees cannot be replaced. The Mayor Felt
Council should request Police authorities to keep a close watch on industrial
properties for any persons cutting down trees, to make sure they have
authority to do so. Mr. Montgomery of the B.I.G. Agency added that this
has become a problem in industrial areas, and indicated that the persons
involved in this type of activity should realize it is a criminal offence.
Following further comment, it was moved by Alderman Cummings, seconded by
Alderman Merrett, that the Regional Police be requested to keep close watch
on industrial properties for persons removing trees, and to determine
whether such persons have authority from the owner of the land. Carried
Unanimously.
It was moved by Alderman Chessman, seconded by Alderman Herrart, that
the meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSONt'
FOLITH MEETING
Council Chambers
January 28, 1980
SPECIALMEETING
Council met on Monday, January 28~ 1980 following a meeting of the
General Committee. ~11 members of Council were present with tke exception
of Alderman Merrett. His Worship, ~yor Thomson presided as Chairman.
PROPOSED EXCH/4NGE OF LAND -~ GLENVIEW PAF~
It was moved by Alderman Chessman, seconded by Alderman Puttick, that
approval in principle be granted to the proposed exchange of land with Spironello
and Iseppon Investments Ltd. The motion Carried with the following vote:
AYE: Aldermen Chessman, Dilts, Hinsperger, Puttick, Schisler, Sobol and
Wallman.
NAYE: Aldermen Cummings, Fera and Orr.
NOTE: Alderman Macgain declared a conflict of interest and abstained from
voting on the matter.
It was moved by Alderman Puttick, seconded by Alderman Di!ts~ that
Council adjourn to General Coneittee session. Carried Unanimously.
READ AND ADOPTED,
, CITY M~.YOR WAYNE THOMSON
Council reconvened in formal
a meeting of the General Committee,
the.exception of Alderman Merrett.
Chairman.
on Monday, January 28, 1980, following
All members of Council were present with
His Worship, Mayor Thomson presided as
REPORT
No. 53 - City Manager - Re: Purchase of Land by the Greater Niagara Transit
Conmission. The report recommends passage of a by-law to approve the purchase
by the Greater Niagara Transit Commission of the former Klondike Hotel property
for a purchase price of $75,000.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that the report be received and ~opted. Carried Unanimously.
RESOLUTION
No. 9 - MACBAIN - ORR - RESOLVED THAT WHEREAS it has been brought to the
attention of the City Council that Niagara College is considering the relocation
of the course "English as a Second Language" from the City of Niagara Falls to
the City of St. Catharines;
AND WHEREAS such a proposal will create a needless inconvenience to those
residents of the City who. are currently enrolled in or propose to register for
the said course;
AND WHEREAS the City of Niagara Falls has consistently encouraged the location
and establishment of educational facilities in the City, and to this end have
provided financial assistance to Niagara College;
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City
of Niagara Falls requests the Board of Governors of Niagara College to continue
the present practice of providing the course "English as a Second Language"
at the Niagara Falls Public Library; AND the Seal of the Corporation be hereto
affixed. Carried UnanimouslX
BY-LAW
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera,
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..~
that leave be granted to introduce the following by-law, and the byelaw be l~
read a first time:
No. 80-22 - A By-law to approve an expenditure for the purchase of land by the
' Greater Niagara Transit Co~mmission. Carried Unanimous]
ORDERED on the motion of Alderman Fera, seconded by Alderman G,,mmtngs, that
the following by-law be now read a second and third time:
No. 80-22 - A By-law to approve an expenditure for the purchase of land by the~
' Greater Niagara Transit Commission.
Carried Unanimousi,~
NEW BUSINESS
REZONING APPLICATIONS FOR COMMERCIAL DEVELOPMENT )
Alderman Chessman felt the action of the Planning & Development Conunittee'
in referring three rezoning applications for commercial development to Council,
without first making a decision, was regrettable- The Alderman pointed out
that Council had the Planning & Development Committee for the purpose of
reviewing complex applications and preparing recommendations for the assistan¢~
of Council. Alderman Sobol stated that her intent in making the motion,at
the Commtttee's meeting, was to obtain a policy decision from Council on the
matter of future commercial development in the City. The Alderman felt the
Committee had dealt with each of the applications individually and required ~
direction from Council on commercial development in general. Several.other ~
members of Council expressed their views on the matter. ~
It was moved by Alderman Chessman, seconded by Alderman Dilts, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
· . · MAYOR WAYNE THOMSO~I
FIFTH MEETING
Counnittee Room #1
February 4, 1980
COMMITTEE OF THE WHOLE
Council met on Monday, February 4, 1980 in Committee of the Whole at
6:45 p.m. All members of Council were present with the exception of Aldermen
Fera, MacBain and Sobol. Alderman Cummings presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
READ AND ADOPTED,
Council Chambers
February 4, 1980
Council met on Monday, February 4, 1980 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Aldermen Fera and Merrett. (Note: Alderman MacBain arrived
during the course of the meeting.) His Worship, Mayor Thomson presided as
Chairman and offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that the minutes of the meetings held on January 14th and 21st, 1980, be a~opted
as printed. Carried Unanimously.
WELCOME~
His Worship, Mayor Thomson extended a welcome to Lt. A. Thomson and the
Third Niagara Girl Guide group in attendance at the meeting·
UNFINISHED BUSINESS
FIREMEN'S PARK EXTENSION PROJECT
Report No. 54 - City Manager - The report recommends that the City be represented
at a hå of the Niagara Escarpment Commission as a result of an appeal by
.Mr. A. Carrio on the Commission's~deciston to approve the application of the
Stamford Cen~re Volunteer Firemen's Association for a development permit.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the
report be received and adopted· Carried with Alderman Cummings abstaining on
a conflict of interest, and all others voting in favour.
MORRISON STREET EXTENSION - BY-LAW TO ESTABLISH PART OF BURDETTE DRIVE
It was moved by Alderman Schisler, seconded by Alderman Hinsperger, that
the report be withdrawn.' Carried Unanimously.
CORNWILL INVESTMENTS LIMITED AND BONNINGTON HEIGHTS LIMITED
Report No. 55 - City Solicitor ~ The report recommends: 1) That the City give
Cornwill Investments Limited and Bonnington Heights Limited prior notice in
writing of any hearing or consideration by either the Planning & Development
Committee or by City Council of any zoning amendment or proposed plane of
subdivision affecting lands within the ghriner's Creek watershed; 2) That the
City give notice in writing to cornwill Investments Limited and Bonnington
Heights Limited of any application by the City for approval of a zoning by-law
affecting lands within the Shriner~s Creek watershed; and 3) That copies of
the report be sent to Cornwill Investments Limited and Bonnington Heights Limited
and their solicitors.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimousl%.
t
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NIAGARA PARKS COMMISSION TRAFFIC STUDY
Report No. 56 - City Manager - The report recommends the establishment of
an Advisory Committee with membership from City Council, Municipal Parking
and Traffic Committee, Regional Municipality of Niagara, Niagara Parks
Commission, Chamber of Commerce, Niagara Resort & Tourist Association, York-
Hannover Developments Limited and Marineland & Game Farm. The report also
recommends establishment of a Technical Committee with representation from
the Ministry of Transportation & Communications, Regional Municipality of
Niagara, City of Niagara Falls and the Niagara Parks Commission.
Alderman Cheesman suggested that the committees should be given some
sort of time frame within which to work, in order to avoid any undue delay
to the Commission in proceeding with the necessary traffic improvements.
Mayor Thomson indicated that there was no question of the urgency on the
part of the Commission in proceeding with the matter, and he hoped the
Committee could meet as soon as possible.
Alderman Puttick pointed out that the Region, the City and the M.T.C.
had representation during preparation of the study by the Commission, and
had expressed no objection to the consultant's proposals previously. With
respect to timing for the Committee, Alderman Puttick stated that the Committ.~
could not take six to nine months make recommendations on traffic improvement4
in the Park. Mayor Thomson stated that the purpose of the technical committal
was to provide technical input to the Advisory Committee. The Mayor pointed
out that the study will have an impact on the tourist industry in that area,
and the concerns of the tourist industry must be considered.
Alderman Puttick stated that the Commission carried out the study to
make improvements on its property, and as it stood now, the Commission could
implement the study without any further delay. With respect to the technicall
committee, Alderman Puttick indicated that he did not want anyone to get the
impression this had not already been done by the Commission. Mayor Thomson
stated that it was agreed there would have to be an additional study on parki~'
on the periphery of the park, and the Municipality would have to be involved
in that aspect.
The Director of Municipal Works explained that the technical committee
would come about, as a result of the Advisory Committee, and would assist in
reviewing parking requirements in the area. As far as a parking study was
concerned, the. Director of Municipal Works estimated such a study would take
six to nine months to prepare.
Alderman Cheesman felt that it would not be fair to ask Alderman Puttick~
to act as Council's representative on the Advisory Committee, since the
Alderman was already the City's representative on the Commission. It was
felt that Alderman Puttick should be one of the appointees representing the
Commission.
Aide Following further discussion, it was moved by Alderman Dilts, seconded
rman Hinsperger, that the report be received and adopted, and that Mayor
Thomson and Alderman Cheesman serve as Council's representatives on the Advis~
Committee. Carried Unanimously.
COMMUNICATIONS
No. 19 - Niagara District Airport Commission - Re: 1980 Budget and 1979 Fipan~'
Statements. The communication provides information on the Commission's 1980
Budget and 1979 Financial Statements.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Schisler, th{
the communication be referred to the Finance Committee for consideration in
conjunction with the operating budget. Carried Unanimously.
No. 20 - Stamford Centre Volunteer Firemen's Association - Re: Grant in Lieu
Taxes. The communication requests that the City provide a grant in lieu of t~
for the Fire Hall on Longhurst Avenue and Firemen's Perk on Dorchester Road.
ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Dilts, that
the communication be referred to the Finance Committee for consideration in
conjunction with the operating budget. Carried with Alderman Cummings abstai~
on a conflict of interest, and all other'~ votiu8 in fayour,
No. 21 - Stamford Centre Volunteer Firemen's Association - Re: Annual Carniva-
~he commanicat~on requests that Council permit the Carnival to be operated on
3
June 11 .-. 14, 1980, and that permission be granted to bring in the Joyes
Show of Londan to operate the rides and concessions during the Carnival.
OEDEF~D on the motion of Alderman Orr, seconded by Aldernmn Hinsperger, that
permission be granted. Carried with Alderman Cu~ings abstaining on a
conflict of interest, and all others voting in favour.
No. 22 - Niagara Peninsula Conservation Authority --%e: i,mple Syrup Days. The
communication extends an invitation to City Council to attend the Press and
Council Open House on February 29, 1980.
OFaEF~D on the motion of )lderman Cumaings, seconded by ~lderman Chessman, that
the invitation be accepted with thanks, and as many me~oers of Council as
possible attend. Carried Unanimously.
No. 23 - Arthritis Society - Re: Arthritis Week. The communication requests
that the week of May 25 - June 2, 1980 be proclaimed ':Arthritis Week:~ in
Niagara Falls. Permission is also requested to conduct the annual campaign for
funds during that week.
ORDERED on the motion of Alderman Schisler, seconded by Aldemnan Cun~nings, that
the request be approved subject to the established policy on proclamations.
'Carried Unanimously.
No. 24 - Niagara Regional Health Onit - Re: Smoking Prohibition During Meetings.
The communication recommends that smoking be prohibited during any meeting of
City Council or its committees.
ORDERED on the motion of Alderman Dilts, seconded by Aideman Cu~nings, that ~
the Health Unit be informed of the ;'No Smoking" policy for City Council meetings
and that a copy of the request be sent to various committees for their consideration.
Carried Unanimously.
No. 25 - Chamber of Commerce - Re: Survey of Local Businesses. The communication
provides information in response to a survey of local businesses, on the effects
of high interest rates and the worsening inflation rate.
Mr. K. Milne and Mr. J. Corfield of the Chamber of Con~n, erce, provided
additional information in response to questions raised.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Dilts, that t~e
communication be received and filed. Carried Unanimously.
No. 26 - Regional Municipality of Niagara -- Re; Future Land Use Planning in
.River Road Area. The communication requests that the City of Niagara Falls
undertake a detailed land use study indicating future land use for the area
north of John Street in the City of Niagara Falls.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that
the communication be referred to staff for the preparation of a report. Carried
Unanimously.
No. 27 - Central Mortgage and Housin~ Corporation - Re: Inspections and
Specifications Writing Workshop. The communication requests that Mr. J. Milne
be permitted to participate in the evaluation of ~he first pilot workshop held
in November. The evaluation will bedheld in Ottawa February 7th and 8th, 1980.
In response to a question raised by Alderman Schisler, the City Manager
stated that Mr. Milne's expenses and salary had been paid by C.M.H.C. during
the November workshop, and it was his understanding the same conditions would
apply for the evaluation.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that
Mr. Milne be authorized to participate in the evaluation of the first pilot
workshop held in t979. Carried Unanimously.
REPORTS
No. 57 - Alderman Charles Cheesman- Re: 75th Anniversary Committee. The
report provides information on the final activities of the Committee.
Alderman Chessman advised of a final project presently in the works which
will form part of the recognition of the City's 75th Anniversary, involving a
time capsule. In response to a question raised by Alderman Puttick, Alderman
Cheesman advised that the Committee had been able to deal with the request from
Octoberlest Niagara. The Alderman thanked the members of the Committee and
Council for their work in making the 75th Anniversary a success.
On behalf of Council and the citizens of the City, Alderman Cummings
thanked Alderman Chessman and the Committee for the excellent Job done.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dtlts, that
the report be received and filed, Carried Unanimously.
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No. 58 - City Clerk - Re: AM-27/79, Objections to Zoning Amendment By-law
No. 79-241, N.P.H.B. Land Developments Limited. The report advises that one
letter of objection has been received as a result of circulation of the
subject zoning by-law.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings,
that the report be received and the objection referred to the Ontario Municit4
Board. Carried Unanimously.
No. 59 - City Clerk - Re: Council Meeting - February 18, 1980. The report
requests direction of Council on whether a Council meeting will be held durir~
the week of February 18, 1980 becauseof the Federal Election being held on
that date.
ORDERED on the motion of Alderman Cunnnings, seconded by Alderman Hinsperger,,
that the next regular meeting of City Council be held on February 25, 1980.
Carried Unanimously.
No. 60 - City Manager - Re: Procedure for Hiring Staff Replacements. The
report provides information on the procedures used in hiring staff replaceme~
Mayor Thomson stated that Council had requested a report on this matter
and he felt the report indicated that a comprehensive evaluation was being
carried out when reviewing each Job vacancy.
Alderman Sobol stated that what Council had taken issue ~ith was the
fact Council should be notified of any vacancy so that a discussion can be
held to determine whether or not the vacancy should be filled. The City
Manager indicated that this would be done in the case of senior non-union
positions. Alderman Sobol stated that the intent of the original request
was to include union and non-union vacancies.
Alderman Dilts felt it would not be a big chore for staff to notify
Council when there is a vacancy which would allow Council to consider the
matter at that time. Possibly if a vacancy occurred that would not be
filled, another department that was short-handed could be helped out, even
if only on a temporary basis.
The City Manager explained that changes i~personnel occur almost on a
daily basis through promotions, transfers, etc. and to report on each vacancy'
would require notification to Council on a weekly basis. Non-union vacancies/
occur less often, however a decision by Council on whether or not to fill a
position would' require an amendment to the responsibilities set out for the
office of the City Manager. The Personnel Officer pointed out that the
collective agreement with C.U.P.E. provides certain restrictions on filling
of Job vacancies. The resignation of one labourer could result in three or
four vacancies at this same level through lateral transfers. The Personnel
Officer asked if it was Council's wish that prior to posting of these positi0
in accordance with the collective agreement, that the vacancies would be
brought to tbe atteutton of Council.
Alderman Puttick stated that if the intention was to interfere with or
reduce the responsibilities of senior management, their salaries would have
to be adjusted accordingly. It was the Alderman's opinion that the City was i'
in a levelliug-off trend, and that by keeping Council informed of vacancies, [
Council could control the possibility of any non-union employees building
ivory towers. Alderman Puttick stated that he was not saying that any towers
were being built, only that if the City had reached its peak in projects
Council should be reviewing such matters. As an example, the Alderman "-
stated that the week the new zoning by-law was circulated to City residents,
the Planning Director had gone on vacation, leaving the new Senior Planner
to handle the inquiries. Alderman Puttick stated that' if'staff.wished to
replace a Planner, the matter should come before Council. The City Manager
'stated that he did advise Council that the position bf Senior Planner was
being advertised.
In response to a question.raised by Alderman Dilts, the City Manager
advised that there are sixty-five non-union employees altogether. Alderman
Dilts stated that he agreed because of the provisions of the collective
agreement that it would be difficult to keep Council informed of every Job
vacancy that occurred. The Alderman advised that he would be satisfied
if non-union vacancies were reported to City Council.
With respect to the Planning Dlrector's recent Vacation, the City
Hansget advised that it had been necessary for the Planning Director to
-5-
postpone a vacation planned in October. When the previous Senior Planner
had resigned, much of the workload was shifted to the Planning Director.
The City Manager stated that following completion of the draft zoning by-law
and because of the increased workload in the Planning Department, the
Planning Director had needed some time off and had taken a week of vacation.
Alderman Cheesman felt that Council had neither the time nor expertise
to deal with staffing requirements, and that was why Council has the City
Manager. The Alderman suggested that Council was not elected to deal with
'the details of staffing and employee deployment at all levels. Alderman
Chessman stated that staff would have to justify the hiring of any employees
and he did not feel that staff replacements should become a standing item
on the Council agenda week after week. Mayor Thomson suggested that Council not
become involved in actual hirings, but could discuss whether or not filling a
vacancy was required. Alderman Cheesman was still of the opinion that Council
did not have the expertise to deal with this matter and should rely on the
City Manager's recommendations. The Alderman stated that Council was getting
away from its normal routine work and was taking away from senior management
to make such decisions.
Alderman Hinsperger felt the fact six positions out of fifty-five not
being filled was a good indication that senior staff were reviewing all
vacancies carefully. The Alderman felt it would be appropriate to advise
Council of vacancies for non-union personnel, which would provide an
opportunity for the Council to comment or object, however it was his opinion
that the authority for making the final decision, with the exception of
department heads, should remain with the City Manager.
Alderman Sobol stated that Council has to be knowledgeable in all areas
of civic administration, and this would be one way of achieving that end.
Alderman Schisler asked if such a policy would require an amendment to
the by-law which outlines the duties of the City Manager.
Alderman Chessman suggested that if the intent was strictly for notification
that would be different than requiring approval of Council. The City Manager
stated that'there would be no problem with notifying Council of vacancies for
non-union positions. With respect to the position of Senior Planner, the City
Manager stated that he had notified Council that the previous Senior Planner
had resigned and had held up the advertising process until Council had been
advised. Since Council had not made any comment on the matter, the City
Manager had assumed there was no problem in proceeding with the advertisement
for a replacement.
Following further conanent, it was moved by Alderman Sobol, seconded by
Alderman Dilts, that Council be notified of any non-union vacancies occurring
in the future. Carried Unanimously.
NOTE: Alderman MacBain arrivedat the meeting.
No. 61 - City Manager - Re: Amendment to Sign By-law No. 6661. The report
:recommends"passage of a by-law amending the Sign By-law respecting portable
signs.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Rinsperger,
that the report be received and adopted. Carried UnanimousiX.
See By-law No. 80-24
No. 62 - City Manager - Re: Stop Signs. The report recommends that the
necessary by-law be prepared to allow the erection of a stop sign facing traffic
eastbound and westbound on Jepson Street at its intersection with St. Lawrence
Avenue.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Minsperger,
that the report be received and adopted. Carried UnanimousiX.
No. 63 -.City Manager - Re: Intersection of Buchanan Avenue and Portage Road.
The report recommends that'no traffic control signals be erected 'at the subject
iutersection,
Alderman Sobol commented' that the Region does not feel traffic lights
are warranted, and asked if it would be possible to request a flashing yellow
light instead. Mayor Thomson felt this request was reasonable as an alternate
method of advance warning of a dangerous intersection.
-6-
Alderman Binsperger asked when the study had been carried out, since
the intersection was particularly dangerous during the bus~sum~ner months.
The City Manager noted that the shrubs on the private property at the
intersection also cause problems with the motorists' sight distances, and
he suggested that Council request the owner to have them moved back about
feet to improve conditions.
ORDERED on the motion of Alderman Sobol, seconded By Alderman Hinsperger,
the matter be referred to staff for a report on alternate improvements to
intersection. Carried Unanimously.
No. 64 - City Manager - Re: Parking iu Front of Niagara Falls Arena. The
report provides information on steps taken to reduce the safety hazards cause'
by parking of vehicles along the front of the Niagara Falls Arena.
Alderman Cummings felt that the steps outlined in the report would imprl~
the situation greatly, and suggested that the CouFaissionaires patrolling thi~
area should place a greater emphasis on patrols during the hours of 6:00
and 9:00 p.m.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that
the report be received and filed. Carried Unanimously.
No. 65 - City Manager - Re: Whirlpool Road Bridge - Tender, for Temporary
Repairs - Contract B.R. 1-80. The report recommends: 1) Tender advertisemen{
in the Niagara Falls Review on February 2nd and 7th and in the Daily tommerei'
News on February 4th, 1980; 2) Tender opening on February 14th, 1980; and
3) Tender report to Council on February 25th, 1980 and further that Council
authorize the Mayor and staff to meet with Ontario Hydro on possible cost
sharing schemes.
ORDERED on the motion of Alderman Schisler, seconded by Aldel~nan Dilts, that,
the report be received and adopted. Carried Unanimously.
No. 66 - City Manager - Re: Sale of Unopened Portion of Ray Avenue. The repM
recommends that Ray Avenue be closed and conveyed to Mr. G. Astorino for the~
sum of $19,000.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman, t
the report be received and adopted. Carried Ufi~nimously.
No. 67 - City Manager - Re: Encroachment - 4626 Morrison Street. The reports'
recommends passage of a by-law to permit the maintaining and using of a buil~
which encroaches at 4626 Morrison Street.
ORDERED on the motion of Alderman Sobol, seconded By Alderman Chessman, thati
the report be received and adopted. Carried Unanimously. ,
See By-law No. 8
No. 68 - City Manager - Re: Encroachment - 4844 Sixth Avenue. The report
recommends passage of a by-law to permit the maintaining and using of a buil~
which encroaches at 4844 Sixth Avenue.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Cheesman, that'-
the report be received and adopted. Carried Unanimously..
· See By-law No. 8
No. 69 - City Manager - Re: Falls Industrial Park Extension. The report
recommends that Council approve a request for reserve from Frank Zaniol on
Lot 2 in the Falls Industrial Park Extension until May 27, 1980. The report~
also recommends that the request for reserve from Fred Joudrey and Stanley
Campbell be transferred to Lot 3 rather than Lot 2 as approved by CounciL_
on December 3, 1979.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
No. 70 - City Manager - Re: Municipal Accounts. The'report recommend~ payme~
of the municipal accounts.
ORDERED on the motion of Alderman Sobol~ seconded by Alderman Cheesman, that~
the report be received and adopted. Carried with Alderman Puttick abstaini~
on a conflictof interest on Cheque #~nd all others voting in fayour.
RESOLIrEION8
No. 10 - CHEESMAN - SCHISLER - RESOLVED that the Council of the Corporation
the City of Niagara Falls hereby requests an allocation of subsidy funds for
-7 -
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that
By-law No. 79-222 be now read a third and final time:
No. 79-222 - A By-law to authorize the construction of a sanitary sewermain as
an improvement to the sewage system in the Urban Service Areas of
the City. (Montrose Road)
Carried Unanimously
ORDERED on the motion of Alderman Dilts, seconded by Alderman Cheesman, that
leave be granted to introduce the following by-laws, and'the by-laws be read
'a first time:
No. 80-23 - TABLED
No. 80-24 - A By-law to amend By-law No. 6661, 1964 with respect to signs in the
.City of Niagara Falls.
No. 80-25 - A By-law to allow the maintaining and using of a building which
encroaches on Morrison Street.
No. 80-26 - A By-law to allow the maintaining and using of a building which
encroaches on Sixth Avenue.
No. 80-27 - A By-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (No Parking - Carlton Avenue, Progress Street, Earl
Thomas Avenue and Murie Street)
No. 80-28 --A By-law-to provide monies for general purposes.
Carried with Alderman
Puttick abstaining on
Cheque #3480 of By-law
80-28, and all others
voting in favour.'
ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that
the following by-laws be now read a second and third time:
No. 80-23 - TABLED
No. 80-24 --A By-law to amend By-law No.:6661, 1964 with respect to signs in the
City of Niagara Falls.
No.. 80-25 - A By-law to allow the maintaining and using of a building which
encroaches on Morrison Street.
No. 80-26.- A By-law to allow the maintaining and using of a building which
encroaches on Sixth Avenu.~.
No. 80-27 - A By-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (No Parking - Carlton Avenue, Progress Street, Earl
Thomas Avenue and Murie Street)
No. 80-28 - A By-law to. provide monies for general purposes.
Carried with Alderman
Puttick abstaining on
· Cheque #3480 of By-law
80-28, and all others
voting in fayour.
NEW BUSINESS
USE OF CITY CABS A_ND MILEAGE ALLOWANCES
Alderman Puttick suggested that a system be established whereby persons
driving City vehicles as well as their own personal vehicles on City business,
would keep track of their mileage on a daily basis. The Alderman felt this
would eliminate the possibility of the City absorbing the cost of some employees
transportation for the physically disabled in the amount of $1,011 for the merely driving back and forth to work. Alderman Puttick indicated that he
~i '; ~i' ' ~ Combined Capital and Operating. Assistance proSr~mme; AND the Seal of the would sooner see an adjustment in salary than having the City absorb the cost
Corporation be hereto affixed. ~ ! ,' ',
I Carried Unanimous .... .8 .i
~1 ..... 7
-8-
of personal use of City vehicles and personal vehicles for which mileage
allowances are paid.
Alderman Cheesman agreed with the intent of the suggestion, but asked
if staff should build into the calculations the amount of additional staff
time required to service the procedure. The Alderman also suggested that no
m~tter what type of system is set up, abuse of the system is possible.
Alderman Cheesman pointed out that the system would still depend on the
trustworthiness of the City's employees.
Alderman Puttick stated that when people have the use of a company car,
it is human nature for those people to use the car on personal business, such
as weekend trips. The Director of Municipal Works stated that no City vehicle/
are taken out of town for the personal use of employees.
Following further comment, it was moved by Alderman Puttick, seconded by
Alderman Cheesman, that the matter be referred to staff for the preparation
a report to be submitted by March 15th, 1980. Carried Unanimously.
PROPOSED REGIONAL HEADQUARTERS
Alderman MacBain stated that he had raised the question on the legality
of the secret ballot taken by Regional Council in choosing the site for the ':
decision d de x e d p
Chairman, he felt his opinion on legal matters left much to be desired.
Alderman MacBain advised that he had consulted with the legal staff of the
Municipal World and had posed the question, "Did a formal resolution cure
any defect in the selection process if indeed the secret ballot process was
illegal?" It was the opinion of the MunicipalWorld solicitor, that the
formal resolution appears to have been a procedural device intended to
circumvent the explicit prohibition in the Municipal Act against secret votingj
and in such circumstances the vote taken is of no effect. Alderman Macbeth '
further advised that it has come to his attention that the site Brock Univers]4
is proposing, is not the site proposed to the Regional Council, which could
moan that the issue is not dead. With respect to the comment in an editorial
that City Council had used this same procedure in making appointments, the
Alderman stressed that Council should be more careful in the future to avoid
similar situations. Alderman MacBain felt that if a body such as Queen's Park
had no authority to deal in secret ballots, it stood to reason that a body '
created by Queen's Park could not act in secret ballot.
Mayor Thomson felt that the Regional Chairman would not have conEsanted
on the legality of the decision without legal advice from the Regional Solicit
The Mayor indicated that he had called the Department of Municipal Affairs
and there are cenflicting opinions on the legality, of the decision. It was
the opinion of the Department that the the decision was made legal by the
formal resolution. The Mayor felt that a decision on which opinion is correct},
would have to be decided if the matter is heard by the Ontario Municipal Board(
Mayor Thomson advised that a committee has been formed to negotiate with Broc~
University, and since it has been some time since Thorold approached the
University, there could be a substantial escalation in price. This could resu
'in the entire matter being re-opened. Both Mayor Thomson and Alderman MacMain.{
felt that the City's LegalDepartment should provide an.opinion on the legalit{
of the gegion's decision.
Alderman Cheesman raised the question of whether the Region'e decision
would stand unless it is brought into the courts. The Alderman pointed out
that any decision by the Ontario Municipal Board would be made on the basis
'of the economics of the matter..
FORMERLy KIMBERLY-CLARK BUILDING
Aldermmn Puttick expressed his dissatisfaction with the progress being
made on the demolition of the former Kimbe~ly~Clark building, and referred to
the agreement with the owners which provided for the demelition. The Alderma~
advised that the owners have the vacant property across the street up for sale
and he asked if there was any way the City could benefit financially from the
sale if demolition does not proceed according to the agreement.
Mayer Thomson also indicated his displeasure with the way in which demoli
was going on, and noted that the owners are working slowly and are salvaging
almost every piece of steel in order to get their money out of the building.
9
Following further comment, it was moved by Alderman Cheesman, seconded
by Alderman Dilts, that the matter be referred to the Legal Department for the
preparation of a report. Carried Unanimously.
Mayor Thomson suggested that the report should be considered in Committee
of the Whole if there was any possibility of litigation being involved.
NIAGARA FALLS FLYERS HOCKEY TEAM
Alderman Cummings referred to a recent article in the Globe & Mail which
indicated that the Niagara Palls Junior "A" hockey franchise was in jeopardy,
and asked if there was anything that could be done by the City to help the
owners. The Alderman suggested that some form of public support of the Flyere
might be of some use, and requested the Mayor and City Manager to meet with
Mr. Quinn to see if anything can be done. Mayor Thomson indicated that he
would look into the matter.
Y.M.C.A. SWIM-A-THeN
Alderman Cummings congratulated the teams that had participated in the
annual Y.M.C.A. Swim-a-Then.
SNOW REMOVAL BUDGET
Mayor Thomson felt Council should be made fully aware of exactly how much ,- ~
money has been saved for November and December of 1979, and January of 1980-
in the snow removal budget as a result of the mild winter season. The Mayor
felt that if there was any savings, it should be used to reduce any mill
rate increase for 1980. The Director of Municipal Works stated that when
staff had reviewed the roads budget, the savings to date were taken into account
and redistributed towards other projects considered appropriate. It was also
advised that there are other accounts that need additional funds and will reflect
increases over the 1979 allocated budget. The Director of Municipal Works pointed
out that it was important that any savings remain in the roads section of the
budget in order to take advantage of Provincial subsidies. ~
It was moved by Aldermen Hinsperger, seconded by Alderman Dilts, that
the matter be referred to staff for preparation of a report. Carried Unanimously.
It was moved by Alderman Dilts, seconded by Alderman Chessman, that the
meeting adjourn. ,Carried Unanimously. :
AND ADOPTED,
f
MAYOR WAYNE THOMSON.
SIXTH MEETING
Council Chambers
February 11, 1980
Council met on Monday, February 11, 1980 following a meeting of the
General Committee. All members of Council were present with the exception
of Alderman Merrett. His Worship, Mayor Thomson presided as Chairman.
No. 71 - City ~nager - Re: Former Distribution Centre Property, Part of
Stamford Township Lots 135 and 138. The report recommends passage of a by-law
to authorize the purchase of the former Distribution Centre property from
the Niagara Falls Business & Industrial Growth Agency Inc., as directed by
City Council in Conm~ittee of the ~nole.
}~yor Thomson advised that funds for the purchase of the property will
come from reserve funds and the sale of properties during the year.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that
the report be received and adopted. Carried UnanimousiX.
No. 72 -.~i~y__Mq_njMqE- Re: Valley Way West Subdivision. The report recommends
that the City advise the Ministry of Housing that it concurs with a six month
extension of the draft plan approval of the subject subdivision.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
RESOLUTION
No. 11 - CHEESMAN - SCHISLER - RESOLVED that the Corporation of the City of
Niagara Falls hereby petitions for subsidy payment under the provisions of the
Public Transportation and Highway Improvement Act on expenditures made during
the year 1979; AND the Seal of the Corporation be hereto affixed.
Carried Unanimousix
BY-LAW
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that leave be granted to introduce the following by-law, and the by-law be
read a first time:
No. 80-29 - A By-law to authorize the acquisition of Iand for industrial purposes.
Carried UnanimouslZ
ORDERED on the motion of Alderman Fete, seconded by Alderman Cheesman~ that the
following by-law be now read a second and third time:
No. 80-29 - A By-law to authorize the acquisition of landsfor industrial purposes.
Carried Unanimousl~
RATIFICATION OF GENERAL COMMITTEE DECISION$
REQUEST OF KENMORE CONSTRUCTION - DEVELOPMENT IN REGISTERED PLANS ll AND 16,
FORMER VILLAGE OF CHIPPAWA
It was moved by Alderman Cheesman, seconded by Alderman Schisler, that
the developer be granted permission to proceed with the engineering design
work of services for lands within Registered Plans 11 and 16 in the former
Village of Chippaws, and further that the firm of R.V. Anderson & Associates
undertake this design work. ~.~3~..~_n.~_n~_m_mq~sl~.
OPERATION OF SALVAGE YARD ON MONTROSE R0_4p,
It was moved by Adlerman Chessman, seconded by Alderman Schisler, that
the Regional Board of Commissioners of Police be requested to take immediate
action to have the owner of property at 8873 Montrose Road charged for
operating a salvage yard business without the required license, Carried
~nanimously.
-2-
EMERGENCY INFORMATION pROCEDURE
It was moved by Alderman Chessman, seconded by Alderman Schisler, that
Mayor Thomson be authorized to sign on behalf of the City of Niagara Falls,
Ontario, an agreement with the City of Niagara Falls, New York, to provide
for an emergency information procedure in the event of a-major emergency
affecting either municipality..'fCarried Unanimously. '
NIAGARA ESCARPMeNT PLAN
It was moved by Alderman Cheesman, seconded by Alderman Schisler, that
1) The Region be informed that-the City of Niagara Falls is in general agree~
with the objectives and policies set out in the Niagara Escarpment Plan;
2) That copies of the report expressing the Municipality's concerns with the
proposed plan be forwarded to the Region and the Niagara Escarpment Commissil
so 'that these concerns may be included in the Region's submission to the
Niagara Escarpment Commission;
3) That the Region and the Niagara Escarpment Commission be requested to chi~
uiro Draft Plan of Subdiv
the designation of the lands now part of the Calag
from "Excarpment Rural" to "Residential" ("Urban Centre - Urban Group I") in
accordance with the recently approved urban area boundaries; and
4) That the lands proposed by the City as a site for the future Regional
Headquarters building (located at the northeast corner of Mountain Road and
the Queen Elizabeth Way) be placed in an appropriate use category in the
Escarpment Plan which would enable the headquarters building to be erected
site. Carried Unanimously.
REQUEST OF NIAGARA FALLS MUSIC THEATRE SOCIETY
It was moved by Alderman Chessman, seconded by Alderman Schisler, that
permission be granted to the Niagara Falls Music Theatre Society to apply fox
a liquor permit number from the Liquor Licenee Board of Ontario in order to
serve alcoholic beverages during intermissions of each performance. Carried
Unanimously.
NEW BUSINESS
PRESENTATION TO MRS. L. LEPAGE
His'Worship, Mayor Thomson presented Lorraine LaPage, the former Canadia
Correspondent with the Niagara Gazette and reporter for the St. Catharines
Standard with a gift on behalf of City Council. Mayor Thomson advised that
Mrs. LaPage will no longer be covering the City Council meetings, since she
has beenappointed Entertainment Editorswith the St. Catharines Standard.
KINSMEN WEEK - FEBRUARY 17 - 23, 1980
It was moved by Alderman Orr, seconded by Alderman Bobol, that the week
of February 17 - 23, 1980, be proclaimed Kinsmen Week in the City of Niagara
Falls, subject to the established policy on proc]~tionS, .Carried Unanimous
REGIONAL PUBLIC WORKS DEPARTMENT ANNUAL REPORT
Alderman Puttick commented that the Regional Public Works Dept. annual
report was very infornmtive, and suggested that any persons wishing to know
more about Regional Government should obtain copies from the Region,
CO~4ENTB OF ALDERMAN PUTTICK
Alderman Puttick referred to comments he had made at the previous Counci
meeting regarding the absence of the Planning 'Director following circulation
the new Zoning By-law. The Alderman stressed that his point in making the
remarks dealt with the need for additional staff in that Department. Alderman
Puttick felt the newspaper coverage of his remarks was.unfair, since his
comments had been made during a discussion on staff hiring procedures, while
the newspaper had printed his remarks in a separate article. Mayor Thomson
agreed that the newspaper coverage was unfair, since the Planning Director
had good reason to be away and in fact had cancelled a previously planned
vacation.
POLICE MATTERS
Alderman Cummings referred to the increasing number of a~med robberies
that occur in the City and asked if there was anything the' council could
-3-
do to improve the situation, or if it would be worthwhile to get in touch
with the Police Chief to advise of the City's concern. Alderman Dilts agreed
that the problem is the subject of many complaints he receives from residents
in the City. The Alderman stated that one of the questions which is frequently
asked is why a municipality the size of Niagara Falls does not have
representation on the Police Commission. Alderman Dilts stated that he would
like an explanation of why the City does not at least have the Mayor sitting
on the Commission.
Mayor Thomson stated that the City had attempted for three or four years
to get representation for the City on the Commission, with little success.
Resolutions had been circulated on a number of occasions suggesting different
ways in which the area municipalities within the Region could be represented,
i.e. by population, on a rotating basis, etc. The Mayor indicated that
these resolutions had received very little support in the past, however he
suggested that the previous material on the matter could be provided to City
Council for further consideration.
It was moved by Alderman Dilts, seconded by Alderman Orr, that the City
Clerk be requested to provide members of Council with copies of the material
previously reviewed by City Council regarding membership on the Niagara
Regional Board of Commissioners of Police. Carried Unanimously.
It was moved by Alderman Sobol, seconded by Alderman Chessman, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
"~
.. COLLINSSN~ GI~'CtEi"
MAYOR WAYNE' THOMSON
SEVENTH MEETING
Committee Room #1
February 19, 1980
COMMITTEE OF THE WHOLE
Council met on Tuesday, February 19, 1980 in Coramittee of the Whole at
7:00 p.m. All members of Council were present with the exception of Aldermen
Fera and MacBain. His Worship, Mayor Thomson presided as Chairman.
Following consideration of the presented, the Committee of the
Whole arose and reported.
READ AND ADOPTED,
COLLINSON, CITY CLERK
MAYOR WAYNE
SPEC
Council Chambers
February' 19, 1980
Council met on Tuesday, February 19, 1980 following a meeting in Committee
of the Whole. All members of Council were present with the exception of
Aldermen Fera and MacBain. His Worship, Mayor Thomson presided as Chairman.
REPORT
No. 73 - City Manager - Re: Memorandum of Settlement,' Local 133, C.U.P.E. The
report recommends the terms of the memorandum of settlement as follow~:
1) 9% across-the-board increase in wages and salaries retroactive to January 1,
1980. Term of agreement one year; 2) Six weeks vacation after 30 years (was
32 years); 3) Weekend bonus and Paid Holiday bonus increased from 30¢ per hour
to 37¢ per hour; 4) Shift Differentials increased from 22¢ and 26¢ per hour to
25¢ and 30¢ per hour; 5) Vision Care increased from $60.00 to $80.00 per annum
effective April 1, 1980; 6) Dental Plan updated from 1977 O.D.A. Schedule to
the 1980 Schedule; 6) Mileage allowance increased from 13%¢ per km. to 16%¢
per km.; 7) Car Allowance increased from $25.00 per month plus 12%¢ per km.
to $33.00 per month and 15%¢ per km. Total package represents an increase
of 9.3% of payroll or $466,530.00.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman err, that the
report be received and adopted. Carried Unanimously.
BY-LAW
ORDERED on the motion of Alderman Cheesman, seconded by Alderman err, that leave
be granted to introduce the following by-law, and the by-law be read a first
time:
No, 80-30 - 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.
Carried Unanimously
ORDERED on the motion of Alderman Sobel, seconded by Alderman Merrett, that
the by-law be now read a second and third time:
No. 80-30 - 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.
Carried Unanimously
NEW BUSINESS
PRESENTATION OF DISASTER PLAN TO FIRE CO-ORDINATORS CONFERENCE
It was moved by Alderman Cheesman, seconded by Alderman Dilts, that Council
approve the attendance of the Fire Chief at the subject conference to be held in
Stratford between March 3rd and 6ths 1980, in order to present the City's 1980
Plan for Peacetime Disaster, Carried Unanimously.
-2-
RESIGNATION OF ALDERMAN A.A. MACBAIN
Mayor Thomson announced that a Special Meeting of Council will be held
on Monday, March 10, 1980 to consider the appointment of a person to fill t~
vacancy created by the resignation of Alderman MacBatn.
Alderman Dilts requested a replacement for Alderman MacBain on the Speq~
on February 21st, at 4:00 p.m. and a replacement for Alderman MacBain
appreciated. It was moved by Alderman Dilts, seconded by Alderman Merrett,
Alderman Hinsperger be appointed to the Special Drainage Committee to fill
vacancy created as a result of Alderman MacBatn's resignation. Carried
Unanimously.
Mayor Thomson spoke of the work done by Alderman MacBain on the Finance
Committee and appointed Alderman Cheesman to assume the position of Chairman~
of the Committee. Alderman Chessman reminded members of Council that the
next meeting of the Committee would be held on Wednesday, February 20th at ~
4:00 p.m. ~,
It was moved by Alderman Puttick, seconded by Alderman Merrett, that a
letter of congratulations be sent to Alderman A.A. MacBain on his election
a Memberof the House of Commons. -Carried Unanimously.
It was moved by Alderman Puttick, seconded by Alderman Dilta, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
I~YOR WAYNE THOMSON~
EIGH~MEETING
Cemmittee Room #I
February 25, 1980
COMMITTEE OF THE
Council met on Monday, February 25, 1980 in Committee of the 'A~ole at
6:30 p.m. All members of Council were present with the exception of kldermen
Puttick and Schisler. Alderman Fera presided as Chairman,
Following consideration of the items presented, the Committee of the
Whole arose without reporting. ~a
ADOFTED,
/c6n ,i soN City cL 'm
MAYOR WAYNE THOMSON
Conncil Chambers
February 25, 1980
Council met on Monday, February 25, 1980 a~ 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception ef Aldermen Puttick and Schisler. His Worship, Mayor Thomson
presided as Chairman. Alderman Hinsperger offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fera, seconded by Alderman Minsperger,
that the minutes of the meetings held on January 28th, February 4th, llth and
19th, 1980, be adopted as printed. Carried Unanimously.
PRESENTATION OF RETIREMENT WATCHES
His Worship, M~yor Thomson presented retirement watches to ~. R. Comin
and F~. J. Hunt. Mr. Comin who was a employed as an equipment operator,
retired after nearly twenty-five years. Mr. Hunt, an employee of the Sewer
Department, will retire after nearly twenty-one years.
PRESENtrATION OF CERTIFICATES
His Worship, Mayor Thomson.presented certificates to Mr. S. Code,
Mr. D. McArthur, Mr. F. McGowan and Mr. S. Raven from the Industrial Accident
Prevention Association for completion of a seminar on "Practical Accident
Control Techniques". Mr~ C. Williams and Mr. N. Swec who were not able to
attend, will .also receive certificates for completion of the seminar.
UNFINISItED BUSINESS
ORDERED on the motion of Alderman Fera, seconded by Alderman Sobol~ that the "
Report No. 75 - City Manager - The report recommends approval of the additional
cost Of $50 in arranging a second course on correspondence and report writing ~'
for ire uepnrtment p.rso.nel. ,i, . ='.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, 'i~ !~': :
that the report be received and adopted. Carried Unanimously. ~Z !~ :'
COI~ICATIONS
that he must resign as a member of City Council effective immediately, and
mm
-2-
expresses appreciation for involvement immunicipal affairs and friendships
made.
ORDEFaD on the motion of Alderman Marterr, seconded by Alderman Sobol, that
the resignation be accepted with regret. Carried Unanimously.
29 - Slovak, Sinclair & Crows - Re: AM-27/79, N.P.H.B. Land Developments, Ascot
Noods Extension. The communication requests that City Council recommend to thia
Ontario Municipal Board that a hearing is not necessary as a result of the
objection of Cornwill Investments Limited.
Mayor Thomson explained that Cornwill Investments was object to any deveh
ment that would permit the issuing of building permits in the drainage area of !
Shriner's Creek. The Mayor felt the objection to the application was unfair
and was an attempt by the principals of Cornwill Investments to stop developmet.
in the area because of expropriatton proceedings necessary to provide proper
storm drainage facilities.
The City Solicitor advised that the position Council might take would be
to direct him to make a submission to the Ontario Municipal Board stating that
a hearing, in the opinion of the City, was not necessary due to the circumstanc}~
of the objection. It was explained that a similar situation occurred several
years previously in connection with the Bambi Subdivision, at which time the
Council passed a resolution authorizing the solicitor for the owner to bring
a motion before the Ontario Municipal Board requesti~ the Board to dispense
with a hearing. The City Solicitor suggested that Council support the
application of N.P.R.B. Land Developments, and if a motion to the Board was
required, that it be brought by the applicant's solicitor. The motion would
be brought at the applicant's expense, and would be on behalf of both the
applicant and the City.
Mr. Sinclair requested that Council make the first approach to the Board
advising that the City does not feel a hearing is necessary. If this approach
was not sufficient to convince the Board, Mr. Sinclair advised that he would
bring a motion before the Board. Mr. Sinclair also pointed out that the
objection by Cornwill Investments was ludicrous, especially since the lands
in question are presently serviced.
Alderman Barrett suggested that the City's Legal Department give its
fulleat co-operation. to other land owners in the area facing similar problems,
Following further comment, it was moved by Alderman Cheesman, seconded
by Alderman Ninsperger, that the City Solicitor be directed to request the
Ontario Municipal Board to dispense with a public hearing on the grounds the
objection of Cornwill Investments Limited is insufficient to require a public
hearing. Carried Unanimously.
No. 30 - Mr. G.S. Pfneo - Re: St. Francis School Site. The communication
requests that the City consider buying the former St. Francis School site and
surrounding lands to provide larger park facilities.
ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that
the communication be referred to staff for the preparation of a report.
Carried Unanimously. '
No. 31 - Niagara Frontier Humane Society - Re: Municipal Dog Control. The
communication provides three plans for municipal dog control as requested by
the City.
No. 32 - Niagara Frontier Humane Society - Re: 1980 Operating Budget. The
communication submits an operating budget for the year 1980.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that the communications,be referred to the Finance committee. Carried Unanimous:
No. 33 - Niagara Peninsula Conservation Authority - Re: FloodplainMapping and
Floodplain Management Policy. The communication requests comments of the
Municipality.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, Chat the
Communication be referred to staff. Carried Unanimously.
No, 34 - Niagara Falls Canucks - Re| Financial Assistance, The communication
requests a financial grant from the City to assist in paying ezpenses for a trip
planned to Finnland and the U.S.S.R.
ORDERED on the moCion of Alderman Orr, seconded by Alderman Wallman, that the
communication be referred to the Finance Committee. Carried Unanimously.
- 3-
No. 35 - Downto~-a Board of Management - Re: Appointment to the Board. The
communication advises of the resignation of Mr. A. Macklem from the Board, and
reconmmnds the appointment of Mr. F. i,~rtin to fill the vacancy.
ORDERED on the motion of Alderman Sobol, seconded by ~lderman Merrett, that
Mr. F. l~rtin be appointed to the Downtown Board of Management. Carried
Unanimously.
~PO~TS
No. 76 - Recreation Commission -. Re: Jogging -- Niagara Parkway. ~%e report
recomn~nds that Council approach the Niagara Parks Co~mission to see if a
safe jogging area could be developed along the Niagara Parkway between Chippawa
and Black Creek.
ORDERED on the motion of ~lderman Sobol, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
No. 77 - Recreation Commission - Re: Appointment to Recreation Cormmission.
~The report advises of the resignation of Mr. A. Boone from the Commission, and
requests that Council appoint a replacement.
During discussion on the matter, several members of Council expressed
their view that it would be advisable to have a representative from the Chippawa
area or the Niagara South Area Recreation Board on the Commission.
Alderman Merrett advised that one of the members of the Commission would
be moving to the Chippawn area in the near future, and this would solve the
problem of having representation from that area of the City.
' Following further comment, it was moved by Alderman Chessman, seconded
by Alderman Sobol, that Mr. Wm. French Campbell be appointed to the Recreation
Commission. Carried Unanimously.
No. 78 -- Recreation Commission - Re: Park Names Reconmaendation. The report
recommends that Council give names to two new parks: 1) Moun~ Forest Subdivision
area; and 2) Former Separate School Board property between Allanthus Avenue
and Father Hennepin School.
Alderman Cummings requested that the City Clerk provide Council with a
list of names of prominent citizens being kept on file for such purposes.
ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the
report be referred to staff. Carried Unanimously.
No. 79 - City Clerk - Re: Objections to Zoning Amendment By-law No. 79-185.
The report advises that as a result of circulating the subject by-law, three
objections have been received.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Dllts, that the
objections be referred to the Ontario Municipal Board. Carried Unanimously.
No. 80 - City Clerk - Re: Objections =o Zoning Amendment By-law No. 80-15.
The report advises that as a result of circulating the subject by-law, five
letters of objection have been received.
Alderman Merrett stated that he was surprised to learn of the objections
since t~e B.I.G. Agency had spent a considerable amount of time in meeting with
businesses in the area explaining the proposed tannery. When the matter was
considered by both the Planning & Development Committee and Council, no
objections were expressed at that time. The Alderman further advised that
the Agency was planning to arrange a meeting in order to resolve the objections.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that the objections be referred ,to staff and the Niagara Falls Business and
Industrial Growth Agency. Carried Unanimously.
No. 81 - City Manager - Re: Application for Exemption from Part Lot Control,
A. $iefried Builders, Lots 20 - 28, Dorchester Square Subdivision. The report
recommends that the application for exemption from part lot control, be approved
subject to the applicant entering into an appropriate agreement.
ORDERED on the motion of Alderman Sobol, seconded by Alderteen Orr, that the
report be received and adopted. Carried Unanimously.
No. 82 - City Mana~eK- Re: Disposal of Surplus Municipal Property, South of
GallinSet Street between Drtumnond and For~age. The report reconunends passage
of a by-law to authorize the sale of Parts 1, 2, 3 and 4 on Reference Plan
59R-2985 to the Regional Municipality of Niagara for $5,600.00, subject to the
reservation of the right-of-way over Part 1 in the deed from the City to the.!
Region.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Wallman,
the report be received and adopted. Carried Unanimously.
See By-lawNo.
:
No. 83 - City Manager - Re: Sale of Surplus M.T.C. Property, Northeast Corne~i
of Lundy's Lane and the Q.E.W. The report recommends that the Ministry of
Transportation and CoMmunications be notified that the City has no intereste6
in the acquisition of Part 6 on Reference Plan P-1915-209.
· ORDERED on the motion of Alderman Fern, seconded by Alderman Hinsperger, that.!
the report be received and adopted. Carried Unanimously.
No. 84 - City Manager - Re: Lot 53, Falls Industrial Park. The report recom~
that a Request for Reserve on Lot 53, Registered Plan 243, be granted to Mr.
W. McIntyre until March 31, 1980.
ORDERED on the motion of Alderman Fern, seconded by Alderman Dilts, that the~]
report be received and adopted. Carried Unanimously.
No. 85 - City Manager - Re: Sale of Timber - Falls Industrial Park Extension.
The report advises that a special timber sales release has been issued by the
Ministry of Natural Resources to lumber companies for removal of timber in th4
Palls Industrial Park Extension.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, th~
the report be received and filed, Carried Unanimously.
No. 86 - City Manager - Re: Easement Agreements for Watermain Installations
Niagara Parks Comm~ssion Lands - River Road. The report recommends passage
by-laws to authorize easement agreements with the Niagara Parks Commission
watermain installations on Murray Mill and River Road.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fern, that
the report be received and adopted. Carried Unanimously.
See By-laws 80-32:
80-33
No. 87 - City Manager - Re: Request for Extension of Agreement - Foxhead Inn
the City of Niagara Palls - Biblical Wax Museum Ltd. The report recommends p
of a by-law to authorize an amending agreement with Maple Leaf Village Invest
and the Biblical Wax Museum respecting the removal of certain encroachmonte.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sobol, tha~
report be received and adopted. Carried Unanimously.
See By-law 0
No.
No. 88 - City Manager - Re: By-law Enforcement Contract. The report recommen
passage of a by-law to authorize an agreement with the Canadian Corps of
Commissionaires for by-law enforcement services.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
the report be received and adopted. Carried Unanimousl~.
See By-law No. 8
No. 89 - City Manager - Re: 1980 M.T.C, Subsidy Allocation, The report
recommends that the Ministry of Transportation and Communications be thanked
for its favourable consideration of the City of Niagara Falls presentations
on the matter of items eligible for inclusion in the City's Roads 'Needs Study,
ORDERED on the motion of Alderman Cuuninge, seconded by Alderman Dilts, that
the report be received and adopted, and further that staff be commended
their successful efforts. Carried Unanimously.
No. 90 - City Manager - Re: Octoberfeat Niagara - tract Request. The report
recommends that the request by Octoberfeat Niagara for funding to, fulfill its
1979 obligations be not granted.
ORDERED on the motion of Alderman Wallman, seconded by Alderman Sobol, that t~
report be received and adopted. Carried Unanimously.
No. 91 - City Manager - Re: Remuneration - Valuers of Live Brock and Poultry.
The report recomlends that the remuneration paid to the live stock and poultrL
valuere appointed by the City of Niagara Falls be increased to $25.00 per clai
ORDERED on the motion of Alderman Sohol~ seconded by Alderman ~allman, that
the report be received and adopted, Carried Unanimously.
No. 92 - City Manager - Re: Municipal Accounts. The report.recommends paymen~
of the municipal acaounts,
-5-
The City Manager provided additional information on debt charges by the
Region for 1980 in response to a question raised by Alderman Merrett.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
No. 93 - City Manager - Re: Prohibition of Parking on Morrison Street. The report
recommends that parking be prohibited between 8:00 a.m- and 4:00 p.m. daily on the
south side of Morrison Street from a point 85' east of Victoria Avenue to a point
40' easterly.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsparger, that
the report be received and adopted. Carried Unanimously.
No. 94 - City Manager - Re: Whirlpool Road Bridge Repairs, Contract B.R. 1/80.
The report recoMmends: 1) Acceptance of the tender submitted by John Tries
Construction; 2) Payment to the consultant for engineering design fees,
construction inspection and contract administration estimated at $9,950; and
3) That the costs be paid out of the "Contribution from Current Budget to
Capital Budget" account.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Fern, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 12
See By-law No. 80-3_L7
No. 95 - City Manager - Re: ~irlpool Road Bridge over Hydro Canal - Agreement
for Engineering Services. The report recommends passage of a by-law to authoriz~
an agreement with De Leuw CaChet, Canada Ltd. to carry out engineering
investigation services in connection with the Whirlpool Road bridge over the
Hydro Canal at a cost not to exceed $6000.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
See By-law No. 80-39
No. 96 - City Manager - Re: Building & Development Department Report for
January, 1980. The report provides information relative to permit statisti.cs,
development proposals and other noteworthy data arising during the month of
January, 1980.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 97 - Alderman D. Dilts - Re: Employee Suggestion Plan. The report
recommends that a $25.00 award be made to Mr. Albert Smith for his suggestion
that trucks be fitted with a back-up warning system to warn pedestrians and
other drivers when a reversing movement is taking place.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
No. 98 - City Manager - Re: Transportation Safety Association Awards - 1979.
The report recommends that awards b~ presented to seventy-four eligible
employees in the early part of Aprfl, 1980, and further that those drivers
with eight or more years of accident-free driving attend the annual banquet
of the Association. The report further recommends that Mayor Thomson or his
designate and one member of supervisory staff be authorized to attend.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Wallman,
that the report be received and adopted. Carried Unanimously.
No. 99 - City Manager - Re: Ontario Arena Association - 25th Annual Staff
Training and Development Program. The report recommends that the Manager of
the Stamford Memorial Arena be authorized to attend the subject program to be
held in Guelph fromMay 4 to 9, 1980.
Alderman Cummings asked why the Manager of the Niagara Palls Arena would
not be attending since he would also benefit from the topics to be discussed.
The City Manager advised that the Stamford Arena Manager was more involved in
the subject program than the Niagara Palls Arena Manager. The City Manager
did indicate that he would check into the matter.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimously.
No. 100 - ~__ty Clerk - Re: Report of the General Committee. The report
recommends ratification of the following action taken by the General Committee
on January 28, 1980: 1) That the suggested contents for a solid waste disposal
by-law be tabled and referred to the Sanitary Landfill Site ComalOres for
further study; 2) That the Planning Director consider and report on the
desirability of amending the Official Plan to provide for a policy statement
on future con~nercial development in the City of Niagar Falls; that considerat'i
be given to the passage of a by-law to reduce the amount of floor space avail
respecting commercial development be accompanied with a market study to Justi~
the proposal; and 3) That applications AM-31/79 by J. & F. Lupia, AM-37/78
Dose Brothers and AM-33/79 by River Realty Development Inc., be denied.
ORDERED on the motion of Alderman Sobel, seconded by Alderman Cummings, that
the report be received and adopted. Carried with Alderman Merrett abstaining,
and all others voting in fayour.
No. 101 - City Clerk - Re: Resolutions from Other Municipalities.
1) Township of Wainfleet - Opposing proposals to establish limits and maximum~i
loans available under the Tile Drainage Act.
Recommendation - That the resolution be received and filed.
2) City of Guelph - Requesting the Province to enact legislation for the lice~
and registration of guard dogs and establishing regulations for the keepinl(
of same.
Recommendation - That the resolution be endorsed.
3) Township of Walnfleet - Requesting that the calculation of road subsidy
rural municipalities be maintained.
Recommendation - That the resolution be received and filed.
4) City of Windsor - Requesting the repeal of current legislationwhich
eliminates the need to add certain increased assessment to the taxation ro~
Recommendation - Strongly recommend that the resolution be endorsed.
5) Township of Wainfleet - Requesting the Province to enact legislation creat~
a statutory lien or security for business tax.
Recommendation - That the resolution be received and filed and the Townshi
of Wainfleet be notified of the City's concerns.
6) Township of Brock - Requesting that the Federal Government defer any furtb
implementation of the metric system.
Recommendation - That the resolution be received and filed.
7) City of Windsor - Requesting that the Provincial ~Government revise its rot
sales tax exemption for footwear.
Recommendation - That the resolution be received and filed.
8) Borough of York - Requesting the Province of Ontario to have the Ontario
Code legislated as recommended by the Ontario Fire Code Advisory Committee
Recommendation-- That the resolution be endorsed.
9) City of Stratford - Requesting that the Planning Act be amended to providei!
for the appointment of a Deputy Secretary-Treasurer or an Acting Secretary'~
Treasurer to a Planning Board, Committee of Adjustment and Land Division
Committee.
Recommendation - That the resolution be endorsed.
Tile Drainage Act was discussed h e i h
if limits were put into effect, it would put considerable hardship on people
with large farms. ~he City Clerk stated that the Act mostly applies to rural
municipalities. If $100,000 was established as the limit a farmer couId bert.
and $100,000 was the total amount available for loans, one farmer could get
the entire amount as opposed to assisting a large number of farmers with smal
amounts. Mayor Thomson suggested that staff should obtain the information
supplied to the Regional Finance Committee when dealing with the resolution,
and have that available for Council before making a final decision.
Aldermen Cheesman and Cummings indicated that they were opposed to the
resolution from greek requesting the Federal Government ~o defer further
implementation of the metric system,
Alderman Wallman stated that he could support the resolution of Wainflee
concerning road subsidy to rural municipalities on the understanding the
calculations used in determining subsidy were not downgraded as opposed to
upgrading.
Following further comment, it was moved by Alderman Dilts, seconded by
Alderman Wallman, that the resolution from Wainfleet respecting the Tile
Act be tabled for further information. Carried Unanimously.
It was then moved by Alderman Cummings, seconded by Alderman Herrerr,
the balance of the report be received and adopted, with the amendment suggest~
by ktdermanWallman. Carried Unanimously.
No. 102 - City Clerk - P.e: Consent Items.
1) Niagara Women in Crisis -- Re: Support of the Volunteer Bureau.
Reconnnendation - That the information be noted and the communication received
and filed.
2) Niagara Women in Crisis - Re: Support of the Social Planning Council.
Recoam~endation - That the info~mmtion be noted and the communication be
received and filed.
3) Liunenbank Giftwares & Souvenirs Limited -- Re: Solid Waste Disposal By-law.
Recommendation - That the consents be referred to the Sanitary Landfill Site
Committee for consideration when the matter is again reviewed by Council.
4) Niagara Parks Commission -- Re: Queen Victoria Park Traffic Study.
Recommendation - For the information of Council.
5) World Ray of Prayer - Re: Annual Prayer Service.
Recommendation - For the information of Council.
6) Niagara Resort & Tourist Association - Re: Development of a Convention Centre.
Recommendation - For the information of Council.
7) Niagara Children's Services Committee - Re: Objectives of the Committee.
Recommendation - For the information of Council.
8) Heart Niagara - Re: Fund Raising Day September 6, 1980.
Recommendation - That the request be approved.
9) Regional M~icipality of Niagara re: !) 1980 Water P~tes 2) 1980 Sewage Rates
and 3) Illumination Request -~ Q.E.W./~mrold Stone Road Interchange
Reconzaendation - For the information of Council.
With respect to the letter from the N.R.T.A. concerning a convention centre,,.
Alderman Herrerr suggested it might be time to look into the matter a little.
more closely. The Alderman suggested that the City request the N.R.T.A. to
provide comments and ideas on the type of facility the City should be considering.
1,~yor Thomson pointed out that consideration had been given to renovating the
Niagara Falts Arena in order to provide a multi-use facility, i.e- convention
centre/auditorium/arena.
klderman Fera stated that this was an item of ~aJor importance, and
questioned why Council had not been kept aware of discussions.on such a proposal.
l~yor Thomson explained that the Special Arena Committee was reviewing the
matter, and it had also been discussed with Mr. Crate who was working on the
bo~mto~mRevitalization plan.
Alderman Sobel agreed that a report from the N.E.T.A. might be advisable
while discussions were still taking place on the possibility of having a
convention centre in the City. .Mayor Themsoy suggested that the N.R.T.A.
could be asked to have a representative sit on the Special Arena Committee
to provide input from the tourist industry. With respect to the possibility
of erecting a convention centre using tax dollars, }~yor Thomson stated that
such facilities are costly and seldom operate without financial assistance.
In response to a question raised ~y Alderman Cummings, Mayor Thomson
stated that the Heart Niagara campaign ran smoothly in 1979 and was carried
out in co-operation with the Regional Police. The only difficulty experienced
was when people had to roll their car ~findows do~m because the fund raising
day took place in the winter. In 198D, the event is scheduled for September
and the problem should not betspeared.
Alderman Merrett disagreed with the type of fund raising planned, by
stopping cars at major intersections and requesting donations. The Aiderman
felt that by allowing Heart Niagara to use this method, other ~roups would be
requesting the same consideration and there is always the possibility of
an accident occurring. ~deramn Merrett also commented that while he felt
the carapaign was for a very worthy cause, ha disagreed with the method being
used.
Following further comment, it was moved by$~lderman ~rrett, seconded
by Alderman Cheesman, that the N.R.T.A. be requested to appoint a representative
to serve on the Special Arena Conmittee, and that the balance of the report
with the exception of the Heart Niagara coenaunication, be received and adopted.
Carried Unanimously.
It was then moved by Aiderman Fern, seconded by Alderman Dilts, that the
request of Heart Niagara be approved. The motion Carried with the following
Vote:
~Y~: Aldermen Dilts, Fera, Hinsperger, 0rr and Wallman.
tIt~__~E: l~dermen amesman, Cunnnings, Nerrett and Sobel.
-8-
No. 103 - City Manager - Re: Executive, Supervisory and Secretarial
Remuneration and Supplementary Benefits 1980. The report recommends
salary increases of: 1) 9% for Levels SC 1 to SC 5, 9% for Levels ES 1
to ES 8, 8~% for Levels ES 9 to ES 14 and 7½% for Levels ES 15 to ES 18,
retroactive to January 1, 1980. Other benefits - Vision Care to be
increased from $60.00 to $80.00 per annum effective April 1, 1980;
Dental Plan to be updated to the 1980 O.D.A. Schedule of fees effective
April 1, 1980; Vacations 6 weeks to be granted after 30 years (was 32 years)~
Overtime - All employees classified in Supervisory positions up to and
including ES 5 to be paid overtime at time-and-one-half; Supervisory
employees above Level ES 5 be permitted to take time off on a one to one
basis for all overtime worked to a maximum of five days in any one calendar
year; and Shift Foreman to receive $4.00 per shift Monday through Sunday
and $40.00 per shift on Paid Holidays.
L
12 - MERRETT - FERA - RESOLVED that the unit prices submitted by John Tries
Construction Limited for repairs to the Whirlpool Road Bridge, be accepted
at the tendered price of $16,802.00; AND the Seal of the Corporation be beret!
affixed.
Carried Unanimous
BY-LAWS
ORDERED on the motion of Alderman theesmart, seconded by Alderman Merrett,
that the following by-law be now read a third and final time:
No. 79-221 - A By-law to authorize the construction of certain works as local
improvements under Section 12 of The Local Improvement Act.
ORDERED on the motion
that leave be granted
read a first time:
Carried Unanimous~
of Alderman Cummings, seconded by Alderman Hinsperger,
to introduce the following by-laws, and the by-laws be
80-31 - A By-la~ to
of Niagara.
authorize the sale of land to the Regional Municipali~'
(Gellinger Street) '
~o. 80-32 - A By-law to authorize an easement agreement with the Niagara parkc~
Com!Bsioa, ~
No. 80-~3 - A By-law to a~thoriza an easament agreement with the Niagara Parks
Cor~aiselon.
No. 80-34 - A By-law to authorize the execution of an agreement with Maple Leg
Village Investments Inc. and Biblical Wax Museum Ltd, '
N_o. 80-35 - A By-law to authorize an agreement with the Canadian Corps of
Commissionaires (Hamilton).
No. 80-36 - A By-law to provide monies for general purposes,
No~. 80-37 - A By-law to authorize the execution of an agreement with John
Construction Limited for the repairs to the Whirlpool Road Bridge.'
N~o. 80-38 - A By-law to amend By-law No. 7531 being a by-law to provide for
erection of stop signs at intersections. (Jepson Street)
No. 80-39 - A By-law to authorize an agreement with De Leuw Cather, Canada Ltd
· for engineering investigation services in connection with the
Whirlpool Road Bridge.
Carried Unanimous]
ORDERED on the motion of Alderman Ninsperger, seconded by Alderman Dilts, that
the followin8 by-laws be now read a second and third time:
No. 80-31 - A By-law to authorize the sale of land to the Regional
of Niagara. (Gallinger St,)
m
Municipalit[
-9-
No. 80-32 - A By-law to authorize an easement agreement with the Niagara Parks
Commission.
No. 80-33 - A By-law to authorize an easement agreement with the Niagara Parks
Commission.
No. 80-34 - A By-law to authorize the execution of an agreement with Maple Leaf
Village Investments inc. and Biblical Wax Museum Ltd.
No. 80-35 - A By-law to authorize an agreement with the Canadian Corps of
Commissionaires (Hamilton).
No. 80-36 - A By-law to provide monies for general purposes.
No. 80-37 - A By-law to authorize the execution of an agreement with John Tries
Construction Limited for the repairs to the Whirlpool Road Bridge.
No. 80-38 - A By-law to amend By-law No. 7531, being a by-law to provide for the
erection of stop signs at intersections. (Jepson Street)
No. 80-39 - A By-law to authorize an agreement with De Leuw Cather, Canada Ltd.
for engineering investigation services in connection with the Whirlpool
Road bridge.
Carried Unanimously
PROPOSED BLUE GRASS FESTIVAL
Communication No. 36 - Niagara Falls Hornets Hockey Club - The communication
requests permission to hold a Blue Grass Festival in the Niagara South Arena
on April 13, 1980 from 8:00 a.m. until 1:00 a.m. the next day.
Alderman Cummings suggested that the request should be referred to the
Recreation Commission, since it was the responsibility of the Commission to
make arrangements for use of the arenas.
Alderman Orr noted that there had been some problems last year caused
by parking, however arrangements had been made to have fencing put up so that
cars could not park on adjacent private properties.
The Projects & Services Engineer provided additional information regarding
the Commission's involvement in scheduling of the arenas.
Following further comment, it was moved by Alderman Dilts, seconded by
Alderman Orr, that the request be approved. The motion Carried with Alderman
Cummings voting contrary, and all others voting in favour.
MEMBERSHIP ON NIAGARA.REGIONAL BOARD OF COMMISSIONERS OF POLICE
Alderman Dilts referred to the material the City Clerk had supplied on
the previous resolution of Niagara Falls respecting membership on the Police
Commission, and noted that only two area municipalities had supported the
City at that time. The Alderman-felt the matter should be pursued,
Mayor Thomson advised that he had spoken to Mr. Hatch who has been on
the Commission since its inception, and he had suggested that there should
be more elected people as members on the Commission. The Mayor felt that
with this suggestion, there could be further support from other municipalities.
Alderman Fera felt the City should have some representation on the
Commission, especially being the second largest municipality in the Region.
The Aldermn requested that the Commission be requested to advise the City
what criteria is used in making appointments to the Commission.
Following further comment, it was moved by Alderman Dilts, seconded
by Alderman Merrett, that the City Clerk be requested to prepare an appropriate
resolution for the next regular meeting of Council, and further that an
explanation be obtained on the criteria used in appointing members to the
Commission. Carried Unanimously.
NEW RIDE AT MAPLE LEAF VILLAGE
In response to a question raised by Alderman Chessman, the Mayor advised
that the information Contained in the agenda material regarding a new ride at
Maple Leaf Village, was for information purposes only.
..... lO
- 10 -
It was moved by Alderman Merrett, seconded by Alderman Chessman, that
the meeting adjourn to Committee of the Whole. Carried Unanimously.
READ ANDADOPTED,
COLLINSON, CITY
MAYOR WAYNE THOMS0~!
Committee Room
February 25,198~
Council met in Committee of the Whole on Monday, February 25, 1980,
following a regular meeting of City Council. All members of Council were
present with the exception of Aldermen Puttick and Schisler. Alderman
Fera presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting..~k~a.
READAN DAD OpTED,
CO
MAYOR WAYNE THOMSON !'
Council Chambers
February 25, 1980
Council reconvened in formal session on Monday, February 25, 1980
following a meeting in Committee of the Whole. All members of Council were
present with the exception of Aldermen Puttick and Schisler. His Worship,
Mayor Thomson presided as Chairman.
The meeting adjourned.
READ AND ADOPTED,
l
NINTH MEETING
Committee Room #1
March 10, 1980
COMMITTEE OF THE V~OLE
Council met on Monday, March 10, 1980 in Committee of the Whole at 7:15
p.m. All members of Council were present with the exception of Aldermen Fera,
Orr and Sobol. Alderman Hinsperger presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting. , · · ' · · a
READ AND ADOPTED,
X~YOR WAYNE THOMSON
Council Chambers
MArch 10, 1980
Council met on Monday, MArch 10, 1980 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Aldermen Orr and Sobol. Alderman Fera arrived during the course
of the meeting. His Worship, Mayor Thomson presided as Chairman. Alderman
Martart offered the Opening Prayer.
ADOPTION OF MINUTES
With respect to Report #103 of the February 25th, 1980 minutes, Alderman
Patrick asked if there had been any discussion by Council on establishment of
a policy concerning salary increases and retroactive pay for new employees
hired during the course of a year. Mayor Thomson explained that this had been
a concern of Council, however it was felt that since new employees hired
recently had been hired on the understanding salary increases would be reviewed.
in 1980, it would be unfair to institute such a policy immediately. The
Mayor further advised that such a policy was under review and would be presented
to Council. With respect to non-union.secretarial positions, Alderman Puttick
asked if the 1980 salaries included adjustments made previously by Council.
The City Manager advised that the positions were reviewed and reclassifications
carried out, and that the 1980 salaries reflected the changes approved by
Council. Alderman Puttick asked if any consideration had been given to
setting future salary increases using methods other than percentage increases,
such as by a dollar figure or by merit. Mayor Thomson stated that the
decision would be left to the Council involved in setting the salaries for
a particular year, and pointed out that in the past, different methods had
been used in determining salary increases.
In response to a further question raised by Alderman Puttick, Alderman
Chessman advised that the increase of 7.5% was for the City MAnager effective
January 1, 1980. With respect to the proposed policy onsalary increases,
Alderman Chessman pointed out that although such a possibility had been mentioned,
the policy would be a subject of considerable debate by the Council prior to
any decision being made.
Alderman Schisler, who had 'not been able to attend the meeting on
February 25th, indicated that he was not in favour of the way in which the
salary increases had been handled. Alderman Dilts also indicated that he
was not in favour with the system used in salary increases.
Following further comment, it was moved by Alderman Merrett, seconded by
Alderman Minsperger, that the minutes of the meeting held on FebrUary
1980, be adopted as printed. The motien Carried with Aldermen Puttick and
Schisler voting contrary, and all ethers voting. in fayour.
-2-
DEPUTATIONS
ADDICTION RESEARCH FOUNDATION - R.I.D.E. PROGRAMME
Heather Lee Kilty of the Addiction Research Foundation and Chairperson
of the R.I.D.E. Comanittee addressed City Council concerning the R.I.D.E.
Program, the overall goal of which is to prevent drinking and driving and
reduce the number of accidents and fatalities on the Region's highways.
Ms. Kilty showed a brief film which demonstrated certain common myths about
drinking and driving.
Alderman Schisler stated that he was not opposed to the R.I.D.E. prograa
however he disagreed with some of the methods used by police officers, and
their manner with the public. The Alderman quoted a situation where a woman
was stopped before 10:00 a.m. by a R.I.D.E. vehicle, and when she had tried
to explain that she was nearly late for a doctor's appointment, the officers
had done everything possible to detain the lady and were not courteous.
Ms. Kilty apologized for the incident and indicated that any such occurrence~
she is aware of, are discussed with Chief Harris of the Regional Police.
Mayor Thomson thanked Ms. Kilty for her presentation on a subject which,/
affects motorists in the City.
MR. R. DISTEFANO - LAND DIVISION COMMITTEE CONDITION OF APPROVAL
Mr. R. Distefano was granted permission to address City Council on the
motion of Alderman Hinsperger, seconded by Alderman Chessman. Mr. Distefano~
asked that the City enter into an agreement to provide for the connection
of the Kingsway Motel to City sewers. This condition was imposed as part of~
approval by the Land Division Committee for a severance. Mr. Distefano state~
that he had originally hoped that the connection could be made first and that'
he be allowed to pay for the coat on or before October l, 1980, using proceed
from the 1980 season rentals. As a result of meetings with the various
authorities concerned, Mr. Distefano indicated that the date had been changed
to June 1, 1980 and that he had directed his solicitor to place an amount of
$4,000 in escrow with the Municipality. In the eve~ the connection lslmade
the City could .use the funds to make the necessary connection itself.
Mayor Thomson advised that the Council did not have all the details on
the matter, and suggested that the matter be tabled for one week, during
time an appropriate agreement could be prepared for the consideration of
Council.
Alderman Puttick suggested that Council approye Mr. Distefano's request
in principle so that his solicitor could act on that basis. Mayor Thomson
felt that while there was no disagreement to the request, the matter should
be referred to the Legal Department for Preparation of a suitable agreement
prior to a decision being made by Council.
Following further comment, it was moved by Alderman Chessman, seconded
by Alderman Cummings, that the matter be referred to the Legal Department to
prepare the necessary agreement. Carried Unanimously..
UNFINISHED EUSINESS
-RELOCATION OF FIRE HYDRANT MR. J. JACKSON, 6543 DOREEN DRIVE
Report No. 104 - City Manager - The report recommends that no change be made
to the City's policy on the relocation of fire hydrants and 'that Mr. J. Jacks¢
be so advised.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobel, that
the report be received and adopted. Carried Unanimously.
LAND DIVISION COMMITTEE FILE B-614/79 NIAGARA ESCARPMENT FILES N/C/79/161
AND N/C/78/238 FRUITBELT TRUCKING, WEST SIDE STANLEY AVENUE
Report No. 105 - City Manager - The report recommends that Council direct
staff to withdraw the appeal lodged against the decision.of the Land Division
Committee on the subject application.
ORDERED on the motion of Alderman 8obol, seconded by Alderman Fete, that the
report be received and adopted. Carried Unanimously.
-3-
BY-LAW NO. 79-200 OBJECTIONS
Objection No. 46 - Redeemer Bible Church - It is recommended that the request
be agreed to and that the Ontario ~nicipal Board be informed that Council is
prepared recognize the proposed use by a special provision in the by-law.
0Pd)ERED on the motion of Alderman Cummings, seconded by Alderman Barrett,
that the recommendation be adopted. Carried Unanimously.
Objection No. 103 - Residents of Jubilee Subdivision - It is recommended
that the request be agreed to in part and that the Ontario Municipal Board be
informed that Council is prepared to amend the zoning schedules in accordance
with the attached sketch. 2) that the residents be informed that the two sites
referred to, east and west sides of Dorchester Road, are already committed to
R.4 through earlier neighbourhood planning and through the rezoning process
when the subdivision to the west was first considered. 3) This request is
partly accomplished by means of the proposed changes from R.4 to TRM zone
(Transitional Residential Multiple) which, in fact, restricts the uses to
Single Family and Two-family Residential until such time as a further
application is made (some time in the future) to change from TRM to R.4.
The Planning Director advised that Mr. Stockton was provided with a copy
of the recommendations in advance so that he could meet with the area residents
and explain the recommended action. Mr. Stockton, solicitor for the objectors,
indicated that many of the concerns of the residents will be overcome,
however with such a large number of persons involved, it was felt another week
would be required in order to speak to all residents.
ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that
a decision on the objection be deferred for one week. Carried Unanimously.
SHRINER'S CREEK PROJECT - EXPROPRIATION BY THE NIAGARA PENINSULA CONSERVATION
AUTHORITY FROM CORNWILL INVESTMENTS LIMITED - CERTIFICATE OF APPROVAL OF THE
MINISTER OF NATURAL RESOURCES __
Report No. 106 - City Manager - The report advises that the Minister of
Natural Resources has approved the subject expropriation, and recenthands
that the Mayor be authorized to request the Authority to proceed with steps
in order to obtain possession of the subject land, and further that a copy of
the report be forwarded to all of the parties contributing to the cost of the
project.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
INTERIM REPORT ON 1979 FLOODING
Report No. 107 - Alderman D. Dilts, Flooding Committee - The report recommends
that the consulting engineering firm of Paul Thiel Associates Limited be
engaged to carry out the flooding investigation work in the Rolling Acres
Extension Area, Meadowvale Subdivision Area and the Chippaws Area.
During the discussion on this matter, several members of Council pointed
out that the cost of hiring a consultant to determine the exact causes of
flooding was not unreasonable in view of the costly solutions that may be
necessary to resolve flooding problems in the City.
Alderman Dilts referred to previous consultants' studies mentioned in the
report and suggested that copies be made available to. members of the Flooding
Committee.
The Director of Municipal Works provided additional information in response
to questions raised by Alderman Schisler on the subject matter.
Alderman Puttick felt that the Engineering Department should not be
designing anymore subdivision services until such time as the grading problems
are straightened out in the City. The Alderman also suggested that consideration
be given to extending the term of subdivision agreements so that problems
occurring within several years of ~evelopment would be the responsibility of
the subdivider.
Alderman Sobel asked if it had been determined whether or not the City
could legally order repairs when an individual has altered the original grading
resulting in a flooding problem. The Director of Municipal Works indicated
that the Legal Department would be commenting on this aspect in the final
report on flooding.
,
-4-
Various residents from the Chippawa and Mount Forest areas commented
on the report. Additional information was provided by the Director of
Municipal Works in response to questions raised. One of the conments made
dealt with the possible use of overflows. Mr. p. Grandoni expressed his
concern over the use of such devices and the effect they could have on
Shriner's Creek. Several other questions were raised by persons in attenda~
concerning lot grading and flooding problems. Mayor Thomson indicated that!
the complaints raised regarding lotlgrading would be investigated by staff.!
Following further comment, it was moved by Alderman Dilts, seconded
by Alderman Merrett, that the report be received and adopted. Carried
Unanimously.
COMPLEMENT - BOARD OF COMMISSIONERS OF POLICE
Report No. 108 - City Manager - The report recommends passage of a resolutfI'
requesting the Province of Ontario to amend The Regional Municipality of
Niagara Act to provide for the appointment of five additional elected
representatives.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
See Resolution
STATUS OF VARIOUS COUNCIL MATTERS
Report No. 109 - City Clerk -The report comments on the status of various
matters referred to staff by Council.
Alderman Puttick referred to a request he had made regarding the possib
extension of St. Lawrence to Bridge Street and indicated that he had not see~
a report on that matter as yet.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fete, that
report be received and filed. Carried Unanimously.
COMMUNICATIONS
36 - Volunteer Bureau - Re: Citizenship Week. The communicatio~ requests th
Community Month and Volunteer APpreciation Week be combined to produce
"Citizenship Week". to he observed in October.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, th~
the request be approved and that the Municipality support, through partieipa~
"Citizenship Week" in the City. Carried Unanimously..
No. 37 - Greater Niagara Safety Council - Re: Overnight Parking. The
communication requests that the City rescind its existing overnight parking
regulations and institute other regulations as suggested.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett,
that the communication be referred to staff and the Municipal Parking and
Traffic Committee for a report commenting on the feasibility of the
made. Carried Unanimously. ~uggesti1
No. 38 - Mrs. M. Suuter - Re: Straightening of Willoughby Drive. The
communication comments on the hazard to motorists caused by the curve on
Willoughby Drive.
ORDgRED on the motion of Alderman Sobol, seconded by Alderman Fete, that
the communication be acknowledged and referred to the Finance Committee for
consideration when determining. remedial measures for the e.xtsting problem.
Carried Unanimously.
No. 39 - Regional Municipality of Niagara - Re: Ontario Basic Mapping Pro
The communication requests the attendance of at least one staff member and
one elected official from the municipality at a meeting to explain the applic
of the program for the Region.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fare, that
Mayor Thomson and the Planning Director be authorized to attend. .C.arried
Unanimously.
No. 40 - Regional Municipality of NiaRara - Re: 1979-80 Regional Road System
Review Study. The communication provides info~mation on proposed changes in
the Regional road system.
Regional Councillor Mitchelson and Mayor Thomson corm~ented further on~
notification to the City-t~at the matter would be discussed at a future conce
-5-
meeting of the Regional Public Works & Utilities Conm~ittee. The City
Manager provided additional information in response to questions raised.
ORDERED on the motion of Alderman Fete, seconded by Alderman Merrett,
that the communication be referred to staff for the preparation of a
report. Carried Unanimously.
No. 41 - Regional Municipality of Niagara - Re: Private Clubs and Recreational
Uses Outside the Urban Areas Boundaries. The communication requests comment
from the municipality on the effects of clubs and recreational uses on
agricultural and rural areas.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler,
that the communication be referred to the Planning & Development Committee
for review and comment. Carried Unanimously.
No. 42 - Mr. B. Duckworth - Re: Speed of Cars on McLeod Road. The
communication requests that the City take action against cars and trucks
driving at excessive speed on McLeod Road between Montrose and Kalar.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings,
that the communication be referred to staff for the erection of speed limit
signs and that a copy of the letter be forwarded to the Niagara Regional
Police requesting stricter enforcement of speed regulations. Carried
Unanimously.
No. ~3 - Chamber of Commerce - Re: Salary Adjustments for Council Members.
The communication suggests that Council consider a review of salaries for
members of Council on an annual basis to deter any undue criticism which
is imminent with the "catch-up" provision.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that
the communication be received and filed. Carried Unanimously.
REPORTS
No. 110 - Recreation Commission - Re: Annual Report. The report provides
information on the activities of the Commission for the year 1979.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Schisler,
that the report be received and filed. Carried Unanimously.
No. 111 - Recreation Commission - Re: R~C.M.P. Musical Ride. The report
advises that the Chippawa Lions Club will be hosting a visit by the R.C.M.P.
~stcial Ride from July 29, 1980 to August 3, 1980 at Oakes Park.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that
the report be received and filed. Carried Unanimously.
No. 112 - Recreation Commission - Re: Area Recreation Board Appointees.
The report recommends that the following individuals be appointed to the
respective Area Recreation Boards for one and two year terms:
Niagara Central - Mr. G. Saccone (1); Mrs. B. Hicks, Mr. S.' Cormors,
Mr. H. Mace, Mr. F. Miele (2)~ Alderman R. Orr and
Mr. G. MacGillivray.
Niagara South - Mrs. D. Anderson, Mrs.~. Dhaliwal, Mr. T. Johnston,
Mrs. B. MAxfield and Mr. D. Torok (1); Mr. K. Angle,
Mr. R. Bowler, Mr. W. Calisina and Y~. R. Gallagher (2);
Alderman D. Dilts and Mr. H. Thistlethwaite.
Niagara Northwest-Miss S. Robb, Mr. N. Weaver, Mr. T. Mangolf, Mr. J. Fyfe,
Mr. D. Wellington (1); Mrs. P. DeMeel, Reverend ZJalic,
Mr. M. St. Angelo (2); Alderman F. Cummings and
Mr. H. Finbow.
ORDERED on the motion of Alderman Fete, seconded by Alderman Merrett, that
the report be received and adopted. C._a. rried Unanimously.
No. 113 - City Clerk - Re: AM-25/79, Restricted Area By-law 79-194, R. Cushing,
5633 Dorchester Road. The report advises that the Ontario Municipal Board
has appointed April 8, 1980 at 11:00 a.m. in the City Hall Council Chambers
forthe hearing of all parties interested in supporting or opposing the
subject application.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
No. 114 - City }~nager -. Re: Site PlanApproval for Phase I and Phase II,
Fruitbelt Trucking Inc. West Side of Stanley Avenue. The report reconmends
that the subject site plan be approved as submitted.
ORDERED on the motion of Alderman Schisler, seconded by Aldenan Cheesman,
that the report be received and adopted. Carried with Alderman Puttick
voting contrary, and all others voting in fayour.
-6-
No. 115 - City Manager - Re: Site Plan Approval for Proposed Commercial
Development - Huggins Street and Portage Road (Northwest Side). The
report recommends approval of the subject site plan as submitted.
Alderman Patrick suggested that the City contact the developer to
determine if he would be willing to pay for the costs of the road widening
referred to in the report. The Alderman felt that once the proposal was
constructed, the developer would demand the road be widened because of the
congestion caused by the business. The Director of Municipal Works stated
that he was not sure whether the City could legally request the developer
to pay for the construction costs, however staff could check into it.
The Deputy City Solicitor advised that the City could not require the
developer to pay the costs unless he was agreeable to depositing the funds
with the City.
Following further comment, it was moved by Alderman Puttick, seconded
by Alderman Hinsperger, that the report be tabled for one week. The motion~
Carried with Alderman Chessman voting contrary, and all others voting in
faVour.
No. 116 - City Manager - Re: Encroachment - 4609 Buckley Avenue. The report"'
recommends passage of a by-law to permit the continuation of a building on
the Bucklay Avenue road allowance,
ORDERED on the motion of Alderman Sobol, seconded hy Alderman Fera, that the~l
report be received and adopted. Carried Unanimously.
See By-law No. ~
No. 117 - City Manager - Re: Reserve for Lot 19 - Falls Industrial Park
Extension. The report recommends that Council authorize a reserve for Lot
19 by Mr. D.R. Paterson in the name of Gyro-Spin until May 31, 1980.
ORDERED on the motion of Alderman Martart, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 118 - City Manager - Re: Sale of Timber - Falls Industrial Park Extensi0/~
The report recommends that the tender of Hawkesville Hardwoods of Rawkesvil]t4
Ontario to pay the City $14,300 be accepted for the 'Tamoval of approximately
83,000 F.B.M. subject to the bidder entering into an agreement with the
Corporation. The report further recommends that the Legal Department be
authorized to prepare the appropriate legal documents.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
No. 119 - City Manager.- Re: Looplag of Watermains on tel-de-sacs and Meadom
Extension Subdivision. The report recommends: (i) because of past inconsiste
that Meadowvale Ext. Subdivision be exempted from a previous recommendation
the watermain on proposed Carla Crescent be looped; (ii) That a policy be
adopted for future subdivisions that watermains on tel-de-sacs and deadend
shall be looped undencertain conditions.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman, th
the report be received and adopted. Carried Unanimously.
No. 120 - City Manager - Re: City Float. The report reconuuends that Council
approve an expenditure of $4,200 for the construction of a new float and an
expenditure of $3,200 for operating costs.
The Director of Municipal Works provided additional information in
response to a question raised by Alderman Merrett.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cheesman, the
the report be received and adopted. Carried Unanimously.
No. 121 - City Nanager - Re: Rental of Equipment for Landfill Site 1980-81.
The report reckends that the tender of William Duffin Contracting Ltd. for
providing a crawlet bulldozer at $19.35 per hour and a crawlet type front-end
loader at $21.35 per hour be accepted, provided that satisfactory evidence
is supplied by the contractor that the two pieces of equipment comply with
City requirements.
It was moved by Alderman Wallman that the recommendation contained in the
report not be adopted, and that Nieus Construction Ltd. be awarded the contrsc~
The Deputy City Solicitor requested that Council adJour~ to Committee of the
Whole briefly in order to review information on a recently passed Provincial
statute which could have a bearing on the matter. In response to a question
raised by Mayor Thomson, the Deputy Solicitor advised that Council did have
- 7 -
authority to choose any tender regardless of the prices submitted, however
since the matter could fall under the topic of litigation, it should be
discussed briefly in Committee of the Whole.
It was moved by Alderman Schisler, seconded by Fera, that Council adjourn
to Conuni~tee of the Whole. Carried Unanimously.
Council reconvened in formal session following a brief meeting in
Committee of thaW hole. }~yor Thomson advised that since Nisus Construction
had performed this same contract in the past for the City and the firm's
performance was satisfactory, City Council would award the contract to that
firm.
ORDERED on the motion of Alderman Wallman, seconded by Alderman Hinsperger,
that Nisus Construction Ltd. be awarded the contract for rental of equipment
for the Landfill Site- Carried Unanimously. See Resolution No. 13
No. 122 '- City ~nager - Re: Niagara }eninsula Conservation Authority -
Fencing - Shriner's Creek- The report recoum~ends that the City of Niagara
Falls concur with the recommendation of the Niagara peninsula Conservation
Authority that it would be advisable to include enclosure of the complete
Shriner's Creek land holdings with farm fencing as part of the overall project
at this time.
ORDE?~D on the motion of Alderman Sobol, seconded by klderm~n Schisler, that
the report be received and adopted. Carried Unanimously.
No. 1~3 - City Manager - Re: Contract W.I. 2-80, Watermain Installations on
Stanley Avenue from Church's Lane to Thorold Stone ~oad. The report recommends
that the unit prices submitted by W. Duffin Contracting Ltd. for Contract
W.I. 2-80 be accepted-
ORDERED On the motion of Alderman Schisler, seconded by Alderman Cummings, that
the report be received and adopted. Carried UnanimouslY- See Resolution No. 14.
See By-law No. 80~-4~
No. 124 - City Manager - Re: Parking on Cook Street. The report recommends that
parking be prohibited on the south side of Cook Street from 50' west of Glenholme
Avenue to Highland Avenue.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that
the report be received andadopted, Carried Unanimously.
No. 125 - City l,~anager '- Re: Engineering Agreemen~ with H.Q- Golder and Associates
River-Road Watermain. The report recommends passage of a by-law to authorize an
agreement with H.Q. Golder and Associates for engineering services in connection
with the proposed watermain construction on River Road.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that the
report be received and adopted. Carried Unanimously.
~ See By-law No. 80-43
No. 126 - City Manager - Re: Building and Development Report for February, 1980.
~e report provides current news relative to permit statistics, development
proposals and other noteworthy data arising during the period covered-
ORDEIED on the motion of AlderDan Fete, seconded by Alderman Dilts, that the
report be received and filed. Carried Unanimously.
No. 127 - City Manager -- Re: Winter Control and Winter Sidewalk E~intenance
Budgets, 1980. The report recommends that the following adjustments be considered
in the Streets and Sidewalks Budgets for 1980: 1) The winter control budget be
reduced from $402,800 to $313,400 for a reduction of $89,400 and this reduction
be allocated elsewhere; 2) The winter sidewalk maintenance budget be reduced
from $28,000 to $17,000 for a reduction of $11,000; and 3) The brush cutting
budget be increased by $7,200 from $~2,800 to $30,000.
ORDERED on the motion of Alderman Cununings, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 128 - City Hansget -' Re: Retirement Allowances- The report recommends
passage of a by-law to'implement the following changes, effective April 1, 1980:
'1) That the maximum retirement allowance be increased from $1,600 to $2,100 per
'anaum~ 2) That the maximum retirement allowance to be reduced by the total of
all other payments under an approved municipal pension plan inexcess of $2,800
per annum; and 3) That the total of all payments under an approved municipal
pension plan, plus the retirement allowance, shall not exceed $~,000 per annum.
J
8
Alderman Puttick suggested that' the improvements in the retirement
allowances be made retroactive, if permissable. In response to a question
raised by Alderman Puttick, the City Manager advised that the ma~hnum
increase for any one person would be $500.
Following further comment, it was moved by Alderman Chessman, seconded
by Alderman Dilts that the report be received and adopted with the amendmen~
that the increases be made retroactive to January 1, 1980. Carried Unanimou'
No. 129 - City Manager - Re: Ontario Arenas Association 25th Annual Staff
Training and Development Progranmae. The report recommends that Mr. N. Tustjr,
Manager of the Niagara Palls Memorial and Niagara South Arenas be authorized~
to attend the subject training and development program to be held in Guelph
from May 4 to 9, 1980.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that/~
the report be received and adopted. Carried Unanimously.
No. 130 - City Manager - Re: Ontario Traffic Conference Annual Meeting. The
report recommends that two members of staff and Alderman Merrett, chairman
Mayor Thomson suggested that only one member of staff and one member
Council be permitted to attend the conference. The Mayor stated that only
one member of staff had been authorized to attend in the past.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, th~
the report be received and adopted with the amendment that only one member of
staff and one member of Council be authorized to attend. Carried Unanimously.{
No. 131 - City Manager - Re: Municipal Accounts. The report recommends payme
of the municipal accounts.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings,
No. 132 - City Manager - Re: Telecommuntcations Study. Re report reco~nends
that Council authorize National Utility Service (Canada) Limited to carry out
a Telecommunications Cost Control Service for a fee of $2,400 subject to the
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No. 136 - City Clerk - Re: Consent Items,
1) London Life Insurance Company - Re: Annual Hockey Tournament.
Recommendation - That permission be granted to serve alcoholic beverages
'in the lounge of the Stamford Arena during the tournament, subject to
similar approvals being obtained from the Regional police, Fire Department,
Health Unit and the L.L.B.O.
2) Royal Canadian Legion - Re: St. patrick's Dance.
Reconnnendation - That the invitation be accepted and as many members of
Council as possible attend the function-
3) ~' Re: Allanburg Transformer Station (TS) X Niagara Murray
Transformer Station (TS).
Recommendation - For the information of Council.
4) Regional Municipality of Niagara - Re: Renaming of Regional Roads.
Recommendation - For the information of Council.
5) Municipal Planning Consultants - Re: Silver Anniversary.
Recommendation ' For the information of Council.
ORDEP~D on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried UnanimouslY-
No. 137 - Alderman W.A. Rinsperger - Re: Standards of performance - Office of
the City Manager. The report comments on the recent evaluation meeting of the
performance Evaluation Working Group and the City Manager-
ORDERED on the motion of Alderman Minsperger, seconded by Alderman Chessman,
that the report be received and filed. Carried UnanimouslY.
RESOLUTIOMS
.No. 13 - WALLMAN - RINBPERGER - RESOLVED that the tender submitted by Nisus
Construction Limited for the rental of equipment for the sanitary landfill site
be accepted at the quoted price of $19.45 per hour for a bulldozer, and
$21.30 per hour for the front-end loader; AND the Seal of the Corporation be
hereto affixed. Carried Unanimously.
No. 14 - SCHISLER - CUMMINGS - RESOLVED that the unit prices submitted by W.
Duffin Contracting Ltd. for watermain installations on Stanley Avenue from
Church's Lane to Thorold Stone Road, be accepted at the tendered price of
$193,032'.00; AND the Seal of the Corporation be hereto affixed.
Carried Unanimousl_~L
City obtaining the required approval from the Ontario Municipal Board as
nanimously agreed by the Finance Committee. The report further recommends
that the Legal Department be authorized to prepare the necessary documents.
M~nistry of ttousing for a provincial Grant in the .amount of $232,873-17 for the
__. ~ ;
Housin
No. lJ5 - ~sn ~evi~ Co~lttee - ~e: Applicstfone for Assietance. ~e re ort ~ Regional Council, appointed by resolution of the Regional Council;
~demn 8ch~sler asked why there was a difference between the estimated ~ the area municipalities within the ReSion~
Cost and the amount approved for the loan in some..cases. ~e City Clerk
the ~epo~t
additio~1 elected representatives to the Niagara ReZional Board o~ Conissioners
.....
- 10 -
of Police, and further, that the additional appointees be elected representat~
of each of the five cities within the Region; AND the Seal of 'the Corporation
be hereto affixed.
Carried Unanimousl!
BY-LAWS
ORDERED on the motion of Alderman Sobel, seconded by Alderman Dilts, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
No. 80-40 - A By-law to allow the maintaining and using of a building which
encroaches on Buckley Avenue.
No. 80-41 - A By-law to authorize an agreement with Fruitbelt Trucking Inc.
No. 80-42 - A By-law to authorize the execution of an agreement with W. Duffin
Contracting Ltd.
No. 80-43 - A By-law to authorize an agreement with H.Q. Golder & Associates
Ltd. for engineering services in connection with the proposed
construction of a watermain on River Road.
No. 80-44 - A By-law to provide monies for general purposes.
No. 80-45 - A By-law to authorize the execution of an agreement with Canada
Mortgage and Housing Corporation respecting the Residential
Rehabilitation Assistance Programme.
No. 80-46 - A By-law to provide for remuneration for valuers of live stock and
poultry.
No. 80-47 - A By-law to authorize a subdivision agreement with Herman Damore
Builders Limited (Meadowvale Extension Subdivision).
No. 80-48 - A By-law respecting sick leave credits, pensions and Other benefits
for employees.
No. 80-49 - A By-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Morrison Street)
Carried with Aldem
Merrett and Puttick
abstaining on Chequ
#4209, #4210 and #4
of By-law 80-44, an.
~ all others voting
fayour.
ORDERED on the motion of Alderman Fera, seconded by Alderman ~,mm~Ugs, that the
followlng by-laws be now read a second and third time:
No. 80-40 - A By-law to allow the maintaining and using of a'building which
encroaches on Buckley Avenue.
No. 80-41 - A By-law to authorize an agreement with Fruitbelt Trucking Inc.
No. 80-42 - A By-law to'authoriZe the execution of an agreement with W. Duffin
Contracting Ltd,
No. 80-43 - A By-law to authorize an agreement with H.Q. Golder & Associates Ltd
for engineering services in connection with the proposed constructicI
of a watersmid on River Road.
No. 80-44 - A By-law to provide monies for general purposes.
No. 80-45 - A By-law to authorize the execution of'an agreement with Canada
Hortgage and Housing Corporation respecting the Residential
Rehabilitation Assistance Programme.
~o. 80-46 - A By-law to provide for remuneration for valuers of live stock and
poultry.
No, 80-47 - A By-law to authorize a subdivisioa agreement with Herman Damore
Builders t
. Limited / (Meadowvale Subdivision).
- 11 -
No. 80-48 - A By-law respecting sick leave credits, pensions and other benefits
for employees.
No. 80-49 - A By-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Morrison Street)
Carried with Aldermen
Merrett and Puttick
abstaining on Cheques
#4209, #4210 and #4110
of By-law 80-44, and
all others voting in
favour.
NEW BUSINESS
SOCIAL PLANNING COUNCIL
Communication No. 44 - Niagara Falls Family Y.M.C.A. - The communication
asks that the City give all possible financial support to the Social Planning
Council at this time.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Chessman,
that the communication be referred to the Finance Committee. Carried
Unanimously.
OFFICIAL OPENING - GBS-GIOCA BINDER SYSTEMS LTD.
Mayor Thomson reminded members of Council of the official opening of the
GBS - Gioca Binder Systems Ltd. at their plant location at 5725 Progress
Avenue on March 13, 1980 at 11:00 a.m.
SOCIAL PLANNING COUNCIL
Alderman Cummings advised that the annual meeting of the Social Planning
Council had been cancelled.
UNION MARSH DRAIN
I6 was moved by Alderman Wallman, seconded by Alderman Fera that staff
prepare a report on cleaning up the Union Marsh Drain in the former Township
of Willoughby. Carried Unanimously.
PROPERTY TAX CREDITS FOR SENIOR CITIZENS
It was moved by Alderman Puttick, seconded by Alderman Merrett that staff
submit a report on the possibility of increasing the property tax credit granted
to senior citizens in the City. Carried Unanimously.
It was moved by Alderman Fera, seconded by Alderman Wallman, that the
:Council ad]ourn and reconvene in special session for the purpose of appointing
..a person to fill the vacancy created by the resignation of former Alderman
A.A. MacBain. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
TENTH MEETING
SPECIAL MEETING
Council Chambers
March 10, 1980
Council met in special session on Monday, March 10, 1980, following a
regular meeting for the purpose of filling an Aldermanic vacancy. All members
of Council were present with the exception of Aldermen Orr and Sobol. His
Worship, Mayor Thomson presided as Chairman.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Puttick,
that Mr. John G. Graaskamp be appointed to fill the Aldermanic vacancy created
by the resignation of former Alderman A.A. MacBain. Carried Unanimously.
His Worship, Mayor Thomson announced that Mr. Graaskamp would be officially
sworn in at the next Regular Council meeting. On behalf of the members, Mayor
Thomson welcomed Mr. Graaskamp to the Council and expressed the hope that
Mr. Graaskamp's years of experience in municipal government would be an asset
to the City-
It was moved by Alderman Merrett, seconded by Alderman Fera, that the
meeting adjourn- Carried Unanimously.
READ AND ADOPTED,
J. L .~L~
MAYOR WAYNE THOMSON
i
ELEVENTH MEETING
Council Chambers
March 17, 1980
SPECIAL MEETING
Council met on Monday, March 17, 1980 following a meeting of the General
Conunittee. All members of Council were present with the exception of Aldermen
Fera, Hinsperger and Sobol. His Worship, Mayor Thomson presided as Chairman.
AGREEMENT WITH K. DISTEFANO
It was moved by Alderman Merrett, seconded by Alderman Wallman, that
an agreement be authorized between the City and K. Distefano respecting the
connection of the Kingsway Motel property to municipal sewers. Carried
Unanimo~ply.
SITE PLA}I APPP~VAL -~ PROPOSED COMMERCIAL DEVELOPMENT AT HUGGINS STREET AND
PORTAGE ROAD '
Report No. 138 - City Manager - The report recommends that the subject site
plan be approved in accordance with the report presented to Council on March
10, 1980, and that the matter of possible future road construction adjacent
to various types of development proposals be tabled for a minimum of six
months until such time as the legal interpretation of existing legislation is
clarified.
AND
Report No. 139 - City Solicitor - The report reconmends that any submission
to be made by Council with respect to a draft of the new Planning Act contain
a request for clarification of Section 39 respecting the widening of highways
as a condition of approval of plans in a site plan control area.
The Director of Municipal Works provided additional information in
response to several questions raised by Alderman Puttick. Alderman Puttick
felt that since the road widening was going to be required in the future,
-it was reasonable that the developer be asked to contribute towards the
uosts, since the business would contribute to traffic congestion in the area.
Following further comment, it was moved by Alderman Puttick, seconded by
Alderman Cummings, that the report of the City Manager be received and adopted,
and the site plan approved subject to the conditions outlined in Report #115
of theM arch 10th, 1980 Council meeting. Carried Unanimously.
It was then moved by Alderman Puttick, seconded by Alderman Merrett, that
the report of the City Solicitor be received and adopted. Carried Unanimously.
ALTERATION OF CATARACT AVENUE
Report No. 140 - City Manager - The report recommends passage of a by-law
respectin~ the alteration of Cataract Avenue.
"Mr. N. Golia expressed concern that the alterations proposed would make
two way traffic on the street very difficult, since the street will be natrowed.
The Plannin8 Director explained that the Projects & Services Engineer had
examined the width in the original design and it was considered to be wide
enough. The City Manager indicated that he and the Planning Director would
be meeting with the consultant the next day, and that they would meet with
Mr. Golia to explain the proposal more fully. The City Manager provided
additional information in response to several guestions raised.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that
the report be tabled for one week. Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that
leave be granted to introduce the following by-law, and the by-law be read a
first time:
No. 80-50 - A By-law to authorize an agreement with Eaten Dietefano.
Carried UnanimousiX
..{ :!
J
-2-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Schisler,
that the by-law be now read a second and third time:
No. 80-50 - A By-law to authorize an agreement with Karen Distefano.
NEW BUSINESS
Carried Unanimou~
HOCKEY GAME
Alderman Merrett invited members of Council to attend a hockey game bet~
the "Flying Fathers" hockey team and the Skylon Oldtimers Hockey Club on Thmi
March 20, 1980.
It was moved by Alderman Cheesman, seconded by Alderman Dilts, that the
meeting adjourn to Committee of the Whole. Carried Unanimously.
READ AND ADOPTED,
MaYOR WAYNE THOMS0!!~
Committee Room #1!~
March 17, 1980
Council met in Committee of the Whole on Monday, March 17, 1980 followin
a meeting of the General Committee. All members of Council were present with
the exception of Aldermen Fera, Htnsperger and Sobol. Alderman Merrett
presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting. ,, ~ · · · · ,,
READ AND ADOPTED,
f ' ~iol ~A~E
- THOMSON
Council Chambers
March 17, 1980
Council reconvened in formal session on Monday, March 17, 1980 following
a meeting in Committee of the Whole. All members of Council were present with
the exception of Aldermen Fete, Hinsperger and Sobol. His Worship, Mayor
Thomson presided as Chairman.
The meeting adjourned.
READ AND ADOPTED,
s
TWELF?:H MEETING
Comnittee Room #1
March 24, 1980
COI~4ITTEE OF THE k~CLE
Council met on bbuday, l~rcb 24, 1980 at 7:00 p.m. in Committee of the
h~ole. All members of Co,moil were present with the exception of ~1derman
Hinsperger- Alderman Orr presided as Chairman.
Following consideration of the items presented~ the Cons&ttee of the
Whole arose without reporting· . · · · ' · a ~.
READ AND ADOPTED,
~~~0~ WA'/NE THOMSON
Council Chambers
March 24, 1980
Council met on Monday, March 24, 1980 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman llinsperger. tlis Worship, Maycr Thomson presided as
Chairman. Alderman Orr offered the Opening Prayer.
DECLARATION OF OFFICE - ALDEPY.~a~ JOHN GPJ~SIL~
Alderman John Graaskamp was sworn in as a member of the munfcipal Council.
The City Clerk, J.L. Collinson, conducted the Declaration of Elected Office
and the Oath of Allegiance.
DEPUTATIONS
MR. L. GARDNER - 1980 OLYMPICS FORTTIE p}~SICALLY DISabLED
Mr. L. Gardner was granted permission to address City Council on the
motion of Alderman Orr, seconded by Alderman Merrett. Mr. Gardner requested
that the City consider providing a grant to the Canadian team of which he
was a member, participating in the 1980 Olympics for the physically Disabled.
Mayor Thomson advised that Mr. Gardner had received recognition by the
Council on a number of occasions for his accomplishments in previous
competitions. Mr. Gardner provided additional information in response to
several questions raised.
=It was moved by Alderman Schiller, seconded by Alderman Merrett, that
the request be referred to staff, t~e Finance Committee and the Recreation
Gommission. Carried Unanimously.
KINSMEN CLUB - CASINO NIlITS
Mr. R. Cowan of the Kinsmen Club was granted permission to address City
Council on the motion of Alderman Orr, seconded by Alderman Dilts. Mr. Cowan !'
..... rou s from outside Niagara Falls. Mr.' Cowan felt that by granting licenoes i . ~ i:-~
a project, the benefits of which they woulo~ never see u31~ss they dr b k ed
/ ~&Oa ~E ~H6~O~ ~ ~hese areas. I~ was also felt tha~ applications Bhould only be granted to "
roups having a worth~hile charity to which they contribute. Mr. Cowan
restrictions by asking a smaller local gr p .
operation o~ a casino night and then takin~ the bu~k o~ the proceeds ac , . ,
~ in the City, as long as'the sponsoring organizations were local and their
-2-
Mayor Thomson felt that the request might require some investigation
by the City and suggested that a decision be deferred for at least a week
and a report prepared by staff. Alderman Merrett suggested that the
existing regulations dealing with casino nights be supplied to Council.
Mr. D. Milencoff of the Welland Curling Club was granted permission
to address Council on the motion of Alderman Cummings, seconded by Alderman
Chessman. Mr. Milencoff advised that the roof of the Welland Curling Club
had been condemned, and the Club was desperately trying to raise the funds
to pay for the repairs. Mr. Milencoff felt that the future of curling in
the Welland area was dependent upon these repairs being made. Niagara Falls
was chosen because it is central in the Region and also has the type of
facilities needed to accommodate the crowds generated by casino nights.
Alderman Puttick indicated that he was opposed to this type of activity
in the City and suggested that casino nights should be done away with altogetl]'
htt
e ant
as opposed to supporting these activities. Mr. Cowan indicated that it was
his understanding that casino nights were legal, and the intent of the Kinsmen~
Club had only been to keep the proceeds from such activities in the City.
Following further comment, it was moved by Alderman Chessman, seconded
by Alderman Sobol, that the matter be referred to the City Clerk's Department
and the Legal Department for the preparation of a report. Carried Unanimously.
UNFINISHED BUSINESS
CLOSING OF COP, FIELD STREET
Report No. 141 - City Manager - The report recommends approval of a course
of action respecting the closing of Corfield Street and that the Region be
requested to confirm its agreement of same.
ORDERED on the motion of Alderman Chessman, seconded by Aldermen Fera, that
the report be received and adopted. Carried Unanimously.
ALTERATION OF CATARACT AVENUE ~.
Report No. 142 - City Manager - The report recommends that the by-law
respecting the alteration of Cataract Avenue be given three readings after
hearing any person who claims that his land will be preJudicially affected
by the by-law and applies to be heard.
ORDERED on the motion of Alderman Merrett, seconded by Alderman 0rr, that
the report be received and adopted. Carried Unanimously.
CHANGE OF STREET NAMES .., See By-law No. 80-51
Report No. 143 - City Manager - The report recommends passage of a revised
by-law to change the names of certain highways and that Council refer the
objection to the proposed change in the name of Baker Crescent to .the Street
Name Committee.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
.See By-law No. 80-52
RETIREMENT ALLOWANCES
Report No. 144 - City Manager - The report recommends passage of a by-law to
authorize retirement allowances being paid to municipal employees.
ORDERED on the motion of Alderman Orr, seconded by Alderman Marterr, that
the report be received and.adopted. Carried Unanimously.
See By-law No. 80-53
OBJECTIONS TO ZONINCAMENUMENT BY-LAW 80-15
Report No. 80 - City Clerk - The report requests that Council review each of the
letters received objecting to the passage of the subject by-law in order that
the Clerk can report to the Ontario Municipal Board the position taken by the
Municipality with respect to the objections.
The City Clerk advised that as directed by Council, staff had met with
the objectors in an attempt to resolve their concerns. These efforts were
not successful and the Clerk indicated that Council could either abandon the
-3-
by-law or refer the objections to the Ontario Municipal Board. Mayor Thomson
pointed out that there had been some suggestion that the applicant would try
and find an alternate location in the Industrial Park that would be more
suitable for the tannery operation proposed. Alderman Merrett also indicated
that he had been involved in some discussions on the matter and it was his
understanding the firmwas considering an alternate location.
It was moved by Alderman Merrett, seconded by Alderman Fera, that the
matter be tabled in order to determine if an acceptable alternate site can
be found. Carried Unanimously-
COMMUNICATIONS
No. 45 -Myer Salit Limited - Re: Waste Disposal for Industry. Tke
communication expresses object.ion to the proposed contents of the Solid
Waste Disposal By-law.
OP~ERED On the motion of Alderman Sobol, seconded by Alderman Merrett, that
the communication be referred to the Sanitary Landfill Site Committee.
Carried Unanimously.
No. 46 - Specialty Cast Metals Limited - Re: Suggested Contents for Solid
Waste Disposal By-law. The communication expresses objection to the proposed
contents of the Solid Waste Disposal By-law.
ORDERED on the motion of Alderman Sobol~ seconded by Alderman Merrett, that
the communication be referred to the Sanitary Landfill Site Committee-
Carried Unanimously-
No. 47 - Kidney Foundation of Canada - Re: Organ Donor Month. The communication
roenests permission to conduct the annual door-to-door campaign from May 12 to
19; 1980 and secondly to have the Foundation's flag flown during the month of
June.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that
the requests be granted subject to established policy. Carried Unanimously.
No. 48 - Optimist Club - Re: Respect for Law Week. The communication requests
that the week of May 11 - 17, 1980 be proclaimed Respect for Law Week in the
City.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings~ that
the request be granted subject to the established policy. Carried Unanimously.
No. 49 - Town of Essex - Re: Request for Financial Assistance. The communication
requests financial assistance to assist residents of the Town of Essex as a
result of an extensive fire in February.
In response to a question raised by Alderman Puttick, Alderman Cheesman
indicated that the Council had routinely denied these requests in 1979 because
no funds had been available in the budgetS' The Alderman advised that the
Finance Committee would be reviewing the possibility of allocating funds in the
budget so that requests of this nature could be considere~ for assistance.
ORDERED on the motion of Alderman Cheesman, seconded by Aldermen Cummings,
that the communication be referred to the ~inance Committee.' Carried Unanimously.
No. 50 - Regional Municipality of Niagara - Re: Niagara Bead System- The
communication requests comments from the municipality and indicates that an
opportunity will be provided at a forthcomin~ Public Works & Utilities
Committee meeting for the City to make a presentation.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that
Mayor Thomson, Alderman Merrett and the Director of Municipal Works attend the
meeting of the Regional Public Works & Utilities Committee to be held on
April 10, 1980. Carried Unanimously.
No. 51 - Ministry of the Environment - Re: Liquid Industrial Waste Programme.
The communication requests that Council appoint an elected representative and
a technical person to site on an Information Con~nittee to review submissions
to the Ministry on proposals to process liquid industrial waste.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that
Alderman 8obol and the Director of Municipal Works (or his designate) be
appointed as the City's. representatives on the Information Connnittee. Carried
~nanimously.
REPORT~
No. 145 - Recreation Commission - Re: Cor~aunity Resources Centre. The report
recommends that Council appoint an AXderman to the Management Conu~ittee of
-4-
the Community Resources Centre to replace former Alderman MacBain. [
ORDERED On the motion of Alderman Cheesman, seconded by Alderman Herrerr,
that Alderman Graaskamp be appointed to the Management Committee of the
Community Resources Centre. Carried Unanimously.
No. 146 - City Manager - Re: Site Plan Control under Section 35a of The
Planning Act and Site Plan Agreements. The report recommends passage of a
by-law to authorize the execution of site plan agreements and a by-law
respecting development agreements.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
and By-law No.
No. 147 - City Manager - Re: Disposal of Surplus Municipal Lands. The
report recommends that six parcels of property be declared surplus to munici~,~
requirements and that advertisements be inserted in the Niagara Fails and
Welland newspapers inviting offers for the purchase of same. (#1 - Glenholme
Avenue, I12 - Chsrch's Lane, #3 - Former Police Building, #4 - Missnet Road,
#5 - Woodbine Avenue and #6 - Waters Avenue)
The City Clerk advised that an easement may be necessary through parcel
#6 and requested that it be deleted from the report.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Graaskamp that
Parcel #6 be deleted, and the report, as amended, be received and adopted.
Carried Unanimously.
No. 148 - City Manager - Re: West Meadow Subdivision. The report recommends
that the Ministry of Housing be advised the City concurs with a one year
extension of draft plan approval to May 20, 1980 for the subject subdivision.
ORDERED On the motion of Alderman Orr seconded by Alderman Cummings that
the report be received and adopted. eartied Unanimously. '
No. 149 - City Manager - Re: Revision of Leases - Former Village of Chippawa.
The report recommends that the form of licensing agreement used by the MuniciFA
with respect to certain street ends located in the former Village of Chippaws
be revised to provide that any enlargements, extensions or modifications to an
buildings located on the lands covered by the lease must~ approved by qtty
Council.
Alderman Chessman suggested that the fee structure for the licensing
agreements be reviewed oU an annual basis. Mayor Thomson suggested that the
matter be the subject of a report at a future meeting.
ORDERED On the motion of Alderman Dilts, seconded by Alderman Herrerr, that
the report be received and adopted. The motion Carried with Alderman Orr
abstaining on a conflict of interest, and all others voting in favour.
ORDERED on the motion of Alderman Chessman, seconded by 'Alderman Dilts, that
a report be prepared on the method and time intervals involved in reviewing
fee8 for license agreements. The motion Carried with Alderman Orr abstaining
on a conflict of interest, and all others voting in favour.
See By-law No. 80-5
No. 150 - City Manager - Re: Complaint from Mr. Fenwick, 26-5787 Swayze Drive.
The report provide8 information on the action taken by staff in resolving the
subject complaint.
ORDBRED on the motion of Alderman Schisler, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
No. 151 - City Manager - Re: Acceptance of City Sewers at Dorchester Road and
the Q.E.W. Interchange. The report recommends passage of a resolution act
work carried out by the M.T.C. in connection with the latest construction of
the Dorchester Road/q.E.W. Interchange as it affects existing City sewers on
the condition the Ministry reimburses the City for the actual amount spent as
well as further expenditures for future repairs.
ORDERED On the motion of Alderman Sobol, seconded by Alderman Herrerr, that
the report be received and adopted. Carried Unanimously.
See Resolution No.
No. 152 - City Manager - Re: Pipe Crossing Agreement ~ith C.N,R. for 12" War
on Stanley Avenue. The report recommends passage of a by-law 'to authorize
pipe crossing agreements with C.N.R. respecting the construction of a ~;atermain
crossing the C.N.R, tracks on Stanley Avenue.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Chessman, that
tho report be ~ceived and adopted, Carried Unanimously., ~
See By-law No. 80-5t
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No. 153 -- City I-~nager - Re: 1979--80 Regional Road System Review Study. The
report recommends that the comments of staff be forwarded to the Eegional
Municipality of Niagara as comments on the proposed changes to the Regional
Road system.
Mayor Thomson and the Director of Municipal Works provided additional
information with respect to the section of Portage Road which includes the
'bridge over the HEPC Canal, in response to questions raised by ~A_l~ermen
Grasskemp and Sobol.
Oi~DERED on the motion of Alderman Herrerr, seconded by Aldermen SoboT~, that
the report be received and a~opted. Csrried Unanimously-
No. 154 - City Manager - Re: Property Standards By-law 74-204, Damore Bros.,
8104 Woodbine Avenue. The report recommends that pursuant to Clause (a) of
subsection 7.10.4 of By-law 74-204, that the Corporation retain a wrecking
contractor to forthwith complete the work which Damore Brothers were directed
to carry out under Order, an~ that pursuant to subsection 7.10.5 of the by-law,
any expense incurred by the Corporation in carrying out the work be recovered
in a like manner as municipal taxes.
In response to a question raised by }hyor Thomson, the Property Standards
Officer confirmed that the building has now been torn doom., and lie will be
satisfied as long as the property is cleared of debris.
ORDERED on the motion of Alde~nan Herrerr, seconded by Alderman Cummings, that
the report be received and filed- Carried Unanimously.
No. 155 - City ~nager - Re: Property Standards By-law 74--204, E. Carver, 5770
Robinson Street. The report reconm~ends that pursuant to Clause (a) of subsection
7.10.4 of By-law 74.-20~, that the Corporation retain a disposal service to
complete the work which Mr. Carver was directed to carry out under Order, and
that pursuant to subsection 7.10.5 of the by-law, any expense incurred by the
Corporation in carrying out the work be recovered in a like manner as municipal
taxes-
ORDERED on the motion of Aldernmn Chessman, secondeJ by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 156 - City Manager - Re: 1989 Joint/~nual Conference of A.W.W.A. and
O.M.W.A. The report recommends that two members of staff and one member of
Council be authorized to attend the Joint annual conference to be held in
Toronto from April 13 - 16, 1939 inclusive, at a cost of $i140.~9.
Alderman Schisler felt that the content of the progra~nas of this type
of conference was very technical ~.n nature aud he could see ne benefit in
sending a member of Council to attend. In response to a question raised by
Mayor Thomson, the Director of Municipal Works advised that the Assistant
Water Superintendent and onemember of senior staff were being suggested to
attend the conference.
Alderman Puttick suggested that since the theme of the conference was
· '~ater and Your Health", that consideration be given to passing a resolution
in opposition to plans of an American firm{o damp chemical waste into the
Niagara River near Niagara-on-the--.Lake- Alderman theesmart felt that if
such a resolution was to be considered, it might be advisable to have a
political representative attend the conference. The Director of Municipal
Works indicated that the Ontario Municipal Water Association is the political
arm of the annual conference.
Following further conmeat, it was moved by Alderman Schisler~ seconded
by Alderman Fera, that two members of staff be authorized to attend the
conference.
It was then moved by Alderman Chessman, seconded by Alderman Graaskamp
that the motion be amended to include the attendance of one member of Council.
~mis motion was Defeated with the following vote:
AYE: Aldermen Chessman, Fera, Graaskamp, Orr and Sobol.
NAY"'F,: Aldermen Cummings, Dilts, Herrerr, Furtick, Schisler and Wallman.
The original motion to authorize the attendance of two staff members only,
Carried with the following vote:
AYJ| Aldermen Chessman, Cummings, Herrart, Orr, Puttick, Schisler, aobol
and Wallman.
NAYEl Aldermen Dilts, Fera and Graaskamp.
No. 157 - City Manager - Re: C.S. Anderson Road School - 1980. The report
-6-
1'
recon~ends that the Assistant Streets Superintendent be authorized to attend
the C.S. Anderson Road School to be held at the University of Guelph from
Nay 4 - 7, 1980.
ORDERED on the motion of Alderman Orrs seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
No. 158 - City Manager - Re: Ontario Municipal Fire Prevention Officers
Association. The report recommends that the Director of the Fire Prevention
Bureau be authorized to attend the Annual Conference of the Municipal Fire
Prevention Officers Association to be held in London from April 9 - lls 1980.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
No. 159 - City Manager - Re: Ontario Municipal Personnel Association. The
report recommends that the Personnel Officer be authorized to attend the Spr~i
Workshop of the O.M.P.A. to be held in Brockfills from April 16 - 18, 1980.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
No. 160 - City Manager - Re: 1979 Annual Report of the Fire Department. The;~
report provides information on the activities of the Niagara Falls Fire
Department for the year 1979 and expresses best wishes to Fire Chief S.C.
Thomson who will retire March 31, 1980.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Schisler, th
the report be received and filed. Carried Unanimously.
No. 161 - City Manager - Re: Fire Department Uniform Tender. The report
recommends acceptance of tenders submitted by Ascot Clothes for the supply
of complete uniforms, Audibertts Mens Shop for clip-on ties and perma-press
trousers and Fishmenfs Mens Shop for shirts.
In response to a question raised by Alderman Cummings, the Fire Chief
indicated that the low tender on the supply of shirts had been incomplete
since the tender indicated that an additional 35% would be charged for tall
and stout sizes and no mmterial sample had been included. The tenders had
always been called on the basis of a straight price.
ORDERED on the motion of Alderman Fete, seconded by Alde~men Graaskmmp, that
the report be received and adopted. Carried Unanimously.
No. 162 - Nayor Thomson - Re: Vacancy on Finance Committee. The report
recommends that Alderman Cummings be appointed to the Finance Committee to
fill the vacancy created by the resignation of former Alderman ~acBain.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 163 - City Manager - Re: Municipal Accounts. The report recommends paymen~
of the municipal accounts. I
The City Treasurer provided additional information on Cheques #4313, #436!
#4387 and #4452 in response to several questions raised.
With respect to Cheques #4367 and #4398 for repairs to the Niagara Falls
Arena sound system, Alderman Cummings felt that the sound system at the Arena
was terrible and that a report should be prepared for Council on the matter.
Alderman Chessman indicated that the matter had been discussed briefly by
the Finance Committee, however no in depth review of the matter had been held '~
It was then moved hy Aldermen Cummings, seconded by Alderman Nerrett, tha
staff be requested to prepare a report on improvements to the sound system at
the Niagara Falls Arena. Carried Unanimously.
No. 164 - Loan Review Committee - Ne: Explanatory Report. The report provides
~nfommation in response to a question raised by Alderman Sehisler regarding
differences in price between estimates and the amount of money recommended
for approval under the Frogram.
The City Clerk provided additional information in response to e question
raised by Alderman Sehisler.
ORDEF~Don the motion °fAldermanCheesman, seconded by Alderman Schisler, that
the report be received and filed. Carried Unanimously.
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No. 165 - City Manager - Re: Gasoline Store Tanks. The report provides
information on the possibility of gasoline suppliers providing storage tanks
free of charge.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that
the report be received and filed. Carried Unanimously-
No. 166 - City Manager - Re: Tenders for Materials. The report recommends
acceptance of various tenders for the supply of materials.
The Purchasing Agent provided additional information on the tire tender
in response to a question raised by Alderman Dilts.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
the report be received and adopted. Carried Unanimously-
See Resolution No. 23
-No. 167 - City Manager - Re: Provincial Secretary for Social Development -
Licensing of Baordtng and Lodging Homes. The report recommends that the
Provincial Secretary for Social Development be informed that the City of
Niagara Falls is currently making use of Section 352(77) of the Municipal Act
authorizing the licensing of boarding and lodging homes.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
No. 168 - City Clerk - Re: Consent Items.
1) Regional Municipality of Niagara - Re: Monthly Reports on Water Production
and Sewer Flows.
Recommendation - For the information of Council, receive and file.
2) Regional Municipality of Niagara - Re: Jog Elimination and Traffic Signals
;, Niagara Road 102 (Stanley Avenue) at Valley Way.
Recommendation - For the information of Council, receive and file.
3) Association of Municipalities of Ontario - Re: Proposed Municipal Study
Tour of Israel and Egypt.
Recommendation - For the information of Council, receive and file.
With respect to the letter from the A.M.O., Alderman Puttick connnented
that he hoped no area Councils would be sponsoring the attendance of their
members on such a tour. Mayor Thomson stated that no funds would be spent
by Niagara Falls to send a representative on the tour.
In response to a question raised by Alderman Puttick, Mayor Thomson
indicated that the Region would provide traffic signals at Valley Way and
Stanley, however it would be the responsibility of the City to remove the
Jog at the intersection. Alderman Puttick felt that there should be a report
from staff outlining the actual work that would be involved in removing the
Jog.
Following further conment, it was moved by Alderman Dilts, seconded by
Alderman Chessman, that the report be received .and filed. Carried Unanimously.
It was then moved by Alderman Cummings, seconded by Alderman Merrett,
that staff prepare a report on the costs and~[easibilitY of removing the Jog
at the Stanley Avenue/Valley Way intersection. Carried Unanimously.
RESOLUTIONS
No. 17 - SOBOL - MERRETT - RESOLVED that the City of Niagara Falls accepts the
work carried out by the Ministry of Transportation and Communications in connection
with the latest construction of the Dorchester Road/Q.E.W. Interchange as it
affects existing City sewers on the condition that the Ministry reimburses the
City in the actual amount spent by the City and estimated at $3,000 to the end
of 1979, as well as further expenditures by the City for future remedial repairs
if both the Ministry of Transportation & Communications and City conclude that
the remedial work can be attributed to l~nistry of Transportation and
Communications~ construction of the interchange, and, in fact, a problem exists;
AND the Seal of the Corporation be here=o affixed.
Carried Unanimously
No. 18 - 8CHISLER - MERRETT - RESOLVED that the next Regular Meeting of City
Council be held on Tuesday, April 8th, 1980 AND the Seal of the Corporation be
hereto affixed. Carried Unanimously
No. 19 - SOBOL - FERA - RESOLVED that the Program of Proposed Supplementary
Expenditures for Highway Improvements for the year 1980 dated March 24, 1980,
- 8 -
be adopted as presented in the total estimated amount of $4,970,700 with an
estimated subsidy of $1,941,000; AND the Seal of the Corporation be hereto
affixed.
Carried Unanimou_s.'~
No. 20 - FERA - DILTS - RESOLVED that 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 $350,228 for the Capital Assistance Progranune
and $289,479 for the Trsnsit Operating Assistance Progranune; AND the Seal of
the Corporation be hereto affixed.
Carried UnanimousjJ
No. 21 - CHEESMAN - DILTS - RESOLVED that the Council of the Corporation of thzi
City of Niagara Falls hereby requests an allocation of subsidy funds for the
transportation for the physically disabled in the amount of $30,370 for Combine
Capital and Operating Assistance Programme; AND.the Seal. of the Corporation be
hereto~affixed.
Carried Unantmousl
No. 22 - FERA - GRAASKAMP - RESOLVED that the following tenders for the supply
of Fire Department uniforms, be accepted:
Complete Uniforms - Ascot Clothes (Division of Banthill Levine)
$10,161.58
Clip-OnTies - Audibert's Men's Shop
$341.50
Perma-Press Trousers - Audibert's Men's Shop
$1,512.34
Shirts - Fishman's Men's Shop
$5,126.08 '
; AND the Seal of the Corporation be hereto affixed.
Carried Unanimousl!~
No. 23 - CUMMINGS - ORR - RESOLVED that the following tenders for the supply of
various materials, be accepted:
Tires, Tubes & Tire Repairs - Firestone Tire Company
Hot Mix Asphalt - Northland Bit~lithic
Aspbaltic Cold Patch -'Northland Bltulithtc AND Hard Rock Paving
Supply of Granular Materials - To be purchased from the low bidder
at the source closest to the site used.
Gate Valves - Canada Valve Limited
Valve Boxes - J.Ro Fergusson
Tapping Valves & Sleeves - Canada Valve Limited :'
Oxygen, Acetylene & Propane - Niagara Welders
Cement, Lime & Seal Bond - Weightman (Chippaws) Limited
Ready-Mix Concrete - Niagara Ready-Mix
~arried Unanimousl,
; AND the Seal of the Corporation he hereto affixed.
,BY-LAWS
ORDERED on the motion of Alderman Chessman, seconded by. Alderman Fera, that
leave be granted-to introduce the following by-laws, and the by-laws be read
a first time:
N~o. 80-51 -A By-law respecting the alteration of. Cataract Avenue.
N_o. 80-5.2 - A By-law to change the names of certain highways.
No. 80-53 - A By-law to grant retirement allowances to municipal employees.
No. 80-54 - A By-law to authorize the execution of site plan agreements.
No. 80-55 - A By-law respecting development agreements.
No. 80-56 - A By-law to authorize the execution of litenos agreements with
Harold G. Barnett and others. '
No. 80-57- A By-law to authorize the execution of pipe crossing agreements with
Canadian National Railway Company.
-9-
No. 80-58 - A By-law to provide monies for General Purposes.
No. 80-59 - A By-law to authorize an agreement with Nisus Construction Limited
for'the supply of equipment for the CityIs sanitary landfill site.
No. 80-60 - A By-law to amend By-law No. 76-102 being a by-law respecting the
issue of licenoes.
No. 80-61 - A By-law to authorize the execution of an agreement with Gary Lowe
for the sale of timber.
No. 80-62 - A By-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Cook Street)
~SF~d__ Unanimousl_/
ORDERED on the motion of Alder]nan Merrett, seconded by Alderman Wallman, that
the following by-laws be now read a second and third time:
No. 80-51 - A By-law respecting the alteration of Cataract Avenue.
No. 80-52 - A By-law
No. 80-53 - A By-law
No. 80-54 - A By-law
to change the names of certain highways.
to grant retirement allowances to municipal employees.
to authorize the execution of site plan agreements.
No, 80-55 - A By-law respecting development agreements.
No. 80-56 - A By-law to authorize the execution of licence agreements with
Harold G. Barnett and others.
No. 80-57 - A By-law to authorize the execution of pipe crossing agreements with
Canadian National Railway Company.
No. 80-58 - A By-law to provide monies for general purposes.
No. 80-59 - A By-law to authorize an agreement with Nisus Construction Limited
for the supply of equipment for the City's sanitary landfill site.
No. 80-60 - A By-law to amend By-law No. 76-102 being a by-law respecting the
issue of licenoes-
No. 80-61 - A By-law to authorize the execution of an agreement with Gary Lows
for the sale of ti~oer. ~
No. 80-62 - A By-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Cook Street)
Carried Unanimously
NEW BUSINESS
RYDRO COMMISSION
Alderman Fern referred to appointments made by City Council recently to the
newly formed Niagara Falls Mydro Comndssion. At the expiration of the current
term, members of the Hydro Commission will be elected to office. Alderman Fern
stated that the members have only been serving for a short time, add have Just
started to effectively carry out their responsibilities. The Alderman suggested
that the interests of the municipality would be better served if the current
members ~ere allowed to serve a further term.
Mayor Thomson pointed out that when the appointments were made, Council
made a decision that the members of the Con~nission would be elected to office
at the expiration of the current term, and had included this provision in the
appointment by-law.
During the discussion on this matter~ several members of Council expressed
their views on whether the members should be re-appointed or elected. Following
further comment~ it was moved by Alderman Merrett~ seconded by Alderman Cummings
~hat the matter be referred to staff for the preparation of a report containing
the provisions of the Provincial regulations'covering membership on the
Counnission. Carried Unanimously.
- 10 -
STANLEY AVENUE STORM SE~ER
Alderman Puttick referred to a tender called in September of 1975 for
the installation of a storm sewer on Stanley Avenue. The contract documentsi~
had specified that the tender was to include a price for steel sheeting to
be left in place following construction. The low tenderer, Provincial
Construction, had not included a price on this item, since in his opinion
it was not necessary. If he was required to use the sheeting, he would have
charged an additional fee over and above the contract price tendered. The
Alderman indicated that Provincial Construction had given the City a copy of
a letter from his soils consultant stating that the sheeting was not necessa~
The contract was subsequently re-tendered and awarded to the firm of Leo
Contracting. On checking back, Alderman Puttick stated that he learned the
steel sheeting was not used and that wooden forms were left in the ground.
The contractor was paid an amount very close to what the original low
tender had been. The Alderman stated that he would like a report answering
a number of questions on this particular matter and indicated that he would
speak to the Director of Municipal Works to provide additional'information.
Alderman Puttick commented that his investigation into the matter had been
very time consuming, and suggested that a public works committee would be
very useful in handling such problems.
The Director of Municipal Works indicated that he would be pleased to
bring in a report on the matter. With respect to the suggestion of a public
works committee, the Director of Municipal Works stated that he had recommend~
to Council previously that a public works committee be established, however
no action was taken by Council at the time.
Following further comment, it was moved by Alderman Puttick, seconded by
Alderman Chessman, that the matter be referred to staff for the preparation
of a report. Carried Unanimously.
SUPPORT OF NIAeARA FALLS FLYERS
Alderman Cummings asked if any action had been taken to discuss with
officials of the Niagara Falls Flyera, ways in which the City could support
and encourage the team. Mayor Thomson indicated that he ha~spoken to
officials and they had requested that any discussions be held after the
play-oils. Alderman Cummings stressed the importance of the team to the
community, particularly the youth involved in organized sports, The Alderman
stated that he would like to ensure that everything possible is being done
to keep the team in the City. Mayor Thomson acknowledged the contributions
and investment made by the team owner in Niagara Falls. The Mayor also points
out that the City had gone to great lengths toimprove conditions at the
Arena and assist the team in being a success, In this regard, Mayor Thomson
advised that if successful, the City may receive funds which can be used
to carry out extensive renovations at the Arena and provide a tremendous
facility for the use of the citizens of Niagara Falls. Mayor Thomson further
indicated thaC he would ensure discussions witheofficials of the team would
take place,
PUBLIC MEETING - SANITARy LANDFILL SITE COMMITTEE
Landfill Site Committee but would bep c meeting to be held by the Sanitary]
y uu:~ more towards
Me or asked if another ate could be arra 12dt° attend on the date chosen.
April. the middle of
SNOW FENCE
Alderman Craaskamp advised that he had received a complaint from a residenit
in the area of Portage and Mountain Roads that snow fencehad been removed sevel~
weeks previously. The snow storm on March 21st had resulted in a great deal
of blowing and drifting snow accumulating on Properties in the area. The Stree~
Superintendent advised that the Region had removed snow fence in this area,
It was moved by Alderman Craaskamp, seconded by Aideman Merrett, that the
Region be contacted and requested not to remove snow fence so early tu the
year. Carried Unanimously.
CO~v~IE,NTS OF ALDRRI, P.N CRAAS~
Alderman Craaskamp indicated that he was delighted to have been chosen to
serve on City Council and offered his services on any conmtttee of vhtch
- 11 -
former Alderman MacBain had been a member. The Alderman indicated that he
was particularly interested in industrial and commercial growth, health of
the downtown area and protection to persons and property.
C.N.R. FACILITIES - NIAGARA FALLS
Mayor Thomson requested that Council authorize him to contact officials
of C.N.R. regarding the closing or relocation of certain facilities in the
City'. The Mayor indicated that such action would result in either the loss
of Jobs or make it necessary for employees with many years of service to
transfer to other areas. In response to a question raised by Alderman Puttick,
Mayor Thomson advised that the Industrial Commissioner had been involved in
efforts to keep these facilities open. It was moved by Alderman Cummings,
seconded by Alderman Dilts, that Mayor Thomson be authorized to contact
officials of C.N.R. respecting the possible closing of C.N.R. facilities in
Niagara Falls. Carried Unanimously.
iNTERSECTIONOFMACKLEM STREET AND PORTAGE ROAD
Alderman Dilts indicated that a traffic problem exists at the intersection
of Macklem Street and Portage Road near the Weightman Bridge, particularly
during the summar months with heavy tourist traffic. It was moved by Alderman
Dilts, seconded by Alderman Chessman, that the Region and Niagara Parks
Commission be requested to investigate possible improvements at the
intersection of Macklem Street and Portage Road at the Weightman Bridge
in Chippawa. Carried Unanimously.
It was moved by Alderman Chessman, seconded by Alderman Dilts, that
the meeting adjourn to Committee of the W~ole. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
Committee Room #1
March 24, 1980
Council met in Monday, March 24, 1980 in Committee of the Whole following
a regular meeting of Council. All members were present with the exception of
Alderman Hinsperger- Alderman Orr presided as Chairman.
Following consideration of the , the Committee of the
'Whole arosewithout reporting.
READ AND ADOPTED,
.t'co lNsoN; iii 'c/Ei '
MAYOR WAYNE THOMSON
Council Chambers
March 24, 1980
Council reconvened in formal ~e~s~iaon on Monday, March 24,'1980, following
a meeting in Committee of the~' ~k ~embers of Council were present with
the exception of Alderman Hi-' ' ~Vrship, Mayor Thomson presided as
Chairman.
The meeting adjourned
READ AND ADOPTED,
' '.V..:. v - ' MAYOR WAYNE THOMSON
THIRTEENTH MEETING
Council Chambers
March 31, 1980
SPECIAL MEETING
Council met on Monday, March 31, 1980 following a meeting of the General
Comaittee- All members of Council were present with the exception of Alderman
Sobol. His Worship, Mayor Thomson presided as Chairman-
REPORT
No. 169 - City Manager - Re: Lot 16, Falls Industrial Park. The report advises
that a by-law has been prepared to authorize an agreement with Marine Wonderland
and Animal Park Limited to provide for commencement of construction of a building
on Lot 16 by January 11, 1982 and completion by January 11, 1983.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the
report be received and filed and the by-law given the necessary readings.
Carried Unanimously. w
BY-LAW
ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that
leave be granted to introduce the following by-law, and the by-law be read a
first time:
No. 80-63 - A By-law to authorize an agreement with Marine Wonderland and Animal
Park Limited. Carried Unanimously
ORDERED on the motion of Alderman Merrett, seconded by Alderman Wallman, that
the following by-law be now read a second and third time:
No. 80-63 - A By-law to authorize an agreement with Marine Wonderland and Animal
Park Limited- Carried UnanimousiX
NEW BUSINESS
INTERSECTION OF NURON STREET AND ONTARIO AVENUE
It was moved by Alderman Orr, seconded by Alderman Merrett, that the
Municipal Parking & Traffic Committee be requested to submit a report on the
number of accidents that have occurred in the last six months at the
intersection of Huron Street and Ontario Avenue, including statistics from
the Niagara Regional Police on the number of injuries involved in these
accidents. Carried Unanimously.
POSSIBLE EXTENSION OF ST. LAWRENCE AVENUE .
In response to a question raised by Alderman Puttick, the Director of
Municipal Works stated that Mr. Crate, the consultant working on the Downtown
RevitaliZation Study, would be covering the possible extension of St. Lawrence
Avenue through to Bridge Street in the comprehensive report'being prepared
on downtown development.
CO~4ENTS OF ALDERMAN PUTTICK RE: O.G.R.A. CONFERENCE
Alderman Puttick provided a brief verbal report on the proceedings of
the Ontario Good Roads Association conference held in Toronto recently.
'Several of the items mentioned by Alderman Puttick involved the availability
of subsidy monies, employee reductions in Mississauga as a result of the mild
winter with low snowfalls, the use of P.V.C. and ductile iron pipe to reduce
servicing costs in subdivisions, as well as suggestions on better organization
of the conference in the future, particularly the question and answer period.
Alderman puttick indicated that he would discuss the organization of the
conference with City staff further. The Director of Municipal Works provided
additional information on a number of the points raised by Alderman Puttick.
RECOGNITION OF VOLUNTEERS BY RECREATION COI~tISSION
Alderman Cummings advised that he had been surprised and pleased at the
turn out for the Recreation Commission volunteer recognition evening held on
-2-
Friday, March 28th, 1980. Mayor Thomson agreed that it had been an excellent
evening and hoped this would become an annual event.
SALE OF INDUSTRIAL LOTS
Alderman Graaskamp asked when a person or firm purchases lands in the
City's Industrial Park, whether first-hand or from a private firm or individu<
if the purchaser must enter into an agreement regarding use of the property.
The City Solicitor advised that there is an agreement when the lot is sold, ant
the deed will contain certain covenants and restrictions including the submiss~
of a site plan to be approved before a building can be erected. Another
condition is that the owner cannot re-sell the land within a certain period
of time without the City's consent. If the City's consent is obtained, the
new purchaser enters into an agreement with the City. With respect to the
request of Marineland to purchase Lots 7, 9, and 14 in the Falls Industrial
Fark, the City Solicitor stated that Council had given no direction on what,
if any, conditions should be imposed on Marineland as a condition of approval
on the purchase of the lots. Alderman Gradskemp expressed concern that no
conditions had been imposed on the purchase of the lots, and the fact that
industrial lands were being sold to a tourist oriented operation.
DRESSING ROOM - NIAGARA FALLS ARENA
Alderman Fera indicated that Dressing Room #3 at the Niagara Falls Arena
had been in such deplorable condition during a recent hockey tournament, that
several partents would not allow their children to use the facilities. It
was moved by Alderman Fern, seconded by Alderman Chessman, that the matter be
referred to staff for investigation and a report. Carried Unanimously.
DRAINAGE PROBLEM ON BRIDGE STREET
Mayor Thomson advised members of Council of a serious drainage problem
involving several properties on Bridge Street. The Mayor stated that water
had collected in the area to the point that it was approaching the rear
entrances to the homes. A private drain which drains the property had become
blocked making proper drainage impossible. City crews had been instructed
to remove the water from the area and had attempted to open t'~ drain without
success.
Alderman Puttick indicated that he was familiar with the problem and
suggested that staff should attempt to resolve the problem if the cost was
reasonable. Because there will be some work involved on private property,
she Alderman felt it advisable that a resolution of Council be passed to
authorize the City to carry out the work.
It was moved by Alderman Cheesman, seconded by AldermanPuttick, that
City crews be directed to excavate and determine the cause of the problem, and
FOURTF_'.ENq}~ ME~TING
Council Chambers
A.r:l ~ 1980
REGL'LA_"-..
Council met on Tuesday, April 8, 1980 at 7:30 p.m. for the purpose of
considering genera*'- business. ~ll n,erc. bers of Council ~,are present. Aldermen
Sobol and ~:allman arrived during the course of the Nesting. !lis Worship,
l-~yor Thomson presided as thaiman. Alderman Putticl.'- offered the Cpening
Prayer.
ADOPTION OF MINUTES
With respect to the discussion on Report ~J156 of the ~arch 24th, 1980
Council meeting, ~!ayor Thouson advised that Alderman Putt!ok had spoken to
~r. V. Ks:rio, M.L.A. concerning the proposal of S.C.A. Chemical lJas=e
Services to discharge chemical waste into the NinEare P.iver, and would like
authority from Council to attend the Joint Annual Conference of the A.W.W.A.
and O.M.W.A. to present a resolution on the matter. It was raoved by
Alderman Dllts~, seconded by Alderman ~[errett, that Aldel~nan Puttick be
authorized to attend the conference to be held in Tol:onto from April 13 - 16,
1980. 'j~xe motion Carried with Alderr,~n Schlsler ~oting contrary~ a;nd all
others voting in layout.
OFDFREB on the motion of Alde~nan Or:, secondled by ~lderr6an Fern= tl'.at the
minutes of the meetings held on Fmrch IOth, 17th and 24th: 19a0~ be adopted
as printed. Carried Unanimously.
DEPUTATIONS
DR. A. GOLD RE: MINOR VARIANCE A-9(80) ON KALAR ROAD AT THOROLD STONE ROAD
Report No. 170 -- City Manager-- .%"no report recoxcxi.ends that Council advise the
Cor~ittee of Adjustment that the following conditions x:il]. be considered a
satisfactory arrangen,~nt for consideration of sto~.~ water disposal for the
subject application: 1) ~"~at the parking area be created in such a manner
that all drainage will discharge from the parking area on to Rain: V.oad; and
2) That consideration be given in 1981 or 1982 for the installation of a
short section of storm sewer on Kalar ~oad from the N--5-2 watercourse
northerly a sufficient distance to intercept drainage which now accumulates
on driveways of buildings located near the watercourse.
F~yor .Thomson indicated that }It. Amadlo, solicitor for the appZicant,
was in agreement with the recor~endatlons outlined in the report. Alderman
Met:eft stated that there h~ze been flooding problems on this section of
l~!ar Road and by allowing this property to drain on to Ka!ar r, oad, the
make the necessary repairs if the work can be carried out at reasonable ' problem will be magnified. Several residents in tke area also expressed
cost. Carried Unanimously. a concern over the storm drainage. The Director of Municipal Works provided
additional information on the handling of storm drainage in the area, in
MOTORIZED VEHICLES ON PRIVATE PROPERTY response to questions raised by ne[,bera of Council.
Follox~ing further discussion- it was moved by Alderman Merrett
~yor ~omson referred to discussions held by Council on numerous occasions by ~lde~mn Sohol~ that the repor,~ be received ann adopted, subject'to proper
suggested ~ha~ in view of the increased restrictions to be imposed, ~hat the SHe C~STER~ SNOW ~OBILF CLUE - PKOFCSED ~FCION~, BY-~W PROIIZBZTINC SNOW
City should attempt to establish areas ~here their use viii be pemic~ed and
encouraged, In response ~o a question raised by Mde~an ~errett, ~yor ~omson MOBILES CN ~E~IO~AL ~.O~D~
' snow n, obile trails are located, it is sometiP.ms necessary for snow mobiles
Un~ .... ~ Club was to promote safe snow mobillug. In order to reach the areas where
:, on Regional. Roads would impose severe restrictions on their o~mers.
It was moved by ~dermu s econded by ~de~ Merret~ that the ~ McDonald expressed the concern that such restrictions might result in snow
meetinS adjourn. Carried Unan~
' ~ ~ ' ~~Yoa WAY~ ~O~ON ~' S ~e City Clerk advised that the by-law prohibits the operation of snow mobiles
~ ~ on certain roadways ~mder the G~ty's ju~fsdiction. ~e P. eEional by-law would
-2-
be similar to the City's by-law. It was suggested that the comments of the
Club could be forwarded to the Region with the request that they be taken
into consideration during review of the by-law. The Mayor suggested that a
committee could be established to review existing legislation as well as
the proposed Regional by-law and several members of Council along with
representatives of the Club could report back to City Council and then to the
Region.
Alderman Dilts agreed that such legislation could have serious effects
on snow mobile clubs in the area and commented that the Region should have
contacted the City and asked for its input. The Alderman also commented
that the existing legislation was not enforced effectively, and he could see
no reason in imposing more restrictions.
Alderman Graaskamp expressed concern over the age of persons operating
snow mobiles and asked if children were permitted to operate the vehicles on
Regional roads. Mr. McDonald explained that children between the ages of
twelve and sixteen were only permitted to operate snow mobiles on groomed
trails and under close supervision.
Regional Councillor Mitchelson provided additional information on the
matter and indicated that he would be pleased to see that the Club or any
committee established, would be given an opportunity to address the Regional
Public Works & Utilities Committee on the matter. It was moved by Alderman
Dilts, seconded by Alderman Hinsperger, that the Region be requested to defer
further action on the matter and that a committee be set up with representative
of City Council and the Sue Crestera Snow Mobile Club. Carried Unanimously.
Aldermen Dilta and Hinsperger offered to serve on the committee.
MR. E, CARVER - PROPERTY AT 5770 ROBINSON STREET
Mayor Thomson advised that he and the City Clerk would be working with
Mr. Carver in an effort to resolve his problem. If the problem cannot be
resolved satisfactorily, Mr. Carver would be given an opportunity to make a
presentation to Council in the future. It was moved by Alderman Schisler,
seconded by Alderman Chessman, that the matter be withdrawn fro~'the agenda.
Carried Unanimously.
MR. A. SMITH - PROPERTY AT CBURCH'S LANE AND STANLEY AVENUE
Mr. A. Smith was granted permission to address City Council on the
motion of Alderman Sobel, seconded by Alderman Merrett. Mr. Smith stated
that the residents in the Dalcin, Heritage a~d Theresa Subdivisions are
opposed to the change in zoning of the property bordering on the northeast
and southeast corners of Stanley Avenue and Church's Lane, frdm residential
to light industrial as proposed by By-law 79-200. Mr. Smith expressed the
concerns of the residents to the suggested change and presented a petition
signed by area residents.
The Planning Director advised that although the land was zoned residential,
ever since the City's Official Plan had been formulated and approved by the
Province, the land in question had been designated industrial in the Official
Plan. By-law 79-200 had only brought the zoning in 'conformity with the Official
Plan. It was further advised that the Planning & Development Committee would
be considering an application for the rezoning of the property to industrial
at its meeting of April 16, 1980, and that the Petitioners should attend the
meeting and voice their concerns to the Committee. The Planning Director
indicated that he would speak to Mr. Smith prior to the Committee,s meeting
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F. eport No. 172 ~. City ~nager - The report deals with the legal aspects of
the matter of Monte Carlo and Casino Games.
AND
CoL~municatton No. 52 - Local Council of Women - Expressing opposition to
Monte Carlo and Casino Nights for fund raising in the City.
AND
Communicaticn No. 53 -- Stamford Women's ~nstitute -' Expresslug opposition to
Monte Carlo gambling nights for fund raising in the City.
ANL
Corc~unication No. 54 - Greater Niagara Ministerial Association -- Requesting
· that the licensing bodies decline any further request8 from any local or
out-of-tokm organizations to hold casino nights.
Co-munication No. 55 - Social Planning Council -- Requesting that the Council
authorize the Social Planning Council to carry out an in-depth study on the
future of casino gambling in the City.
During consideration of this matter, representatives of the following
groups addressed City Council in support of the popular "Monte Carlo" and
Casino nights as a means of fund raising: Mr. R. Cowan of the Niagara Falls
Kinsmen Club; .'~x. It. Fansc;ato of the Optimist Club~ Mr. W. Sor.~..erviile and
Mr. M. Gagliardi of the Fallsview Hose Brigade; Mr. R. Prentice of the
gramford Centre Volunteer Fire ~ighters; Mr, A. Nieuwesteeg of the Jaytees;
and Mrs, D. Taylor of li,-TEC.
~. E. Fisher, Director of the Lotteries Branch of the Ministry of
Consumer and Commercial Relations, explained the rules of the Province and
the Municipality in the licensing of social gaming in Ontario. ~en the
Monte Carlo and Casino Nights started to become popular, the concern of
the Province was that the games would be operated honestly and strictly
according to regulations. ~. Fisher advised that the Provincial regulations
stipulate that a service group cannot operate more than six events in one
calendar year, and for the purposes of the Fiinistry, an event that runs for
two or three evenings would be considered one event. This regulation would
prevent one particular organization from monopolizing fund raising schemes
and allows all organizations to raise funds for their particular causes.
~. Fisher assured Council that the Ministry would not issue any licences which
would not be considered in the best interests of the Municipality.
Mr'. J. Buchanan of Conk!in-Garrett Shows, Casino Division, provided
information on the machine rental and services provided by Conklin-Carrett Shows.
Additional information was provided in response to questions raised.
Deputy Chief of Operations M. Walsh of the ~iagara ~egiona! Police,
explained the responsibilities of the Police in the processing of permits for
Casino Mi~ats. The Deputy Chief expressed his concern that :~onte Carlo nights
were a legalized felon of gambling and were becoming a problem for policing.
Any operation of this nature places a burden on the Police since the books
of the organizations have to be examined and uniformed Police Officers must
inspect the premises to be sure the games are b~ing operated properly.
Deputy Chief Walsh provided additional information in response to several
questions~raised.
Alderman Cummings suggested that the matter of casino gangling should
be studied by the Social Planning Council, and that permits continue to be
~rocessed by the City.
.1'
i i
'and provide him with additional background on the matter.
Following further discussion, it was moved by Alderman Cheesman, seconded
Alderman Puttick felt that the issuance of further permits should be held
in abeyance and that Council should meet with the Social Planning Council and
the groups that objected in writing to discuss the future licensing of any
by ~Llderman Cummings, that the matter be referred to the Planning & Development type of gambling in the City.
Committee for consideration at its April 16, 1980 meeting, and that the : Following a full discussion, it was moved by Alderman Puttick, seconded
and Monte Carlo Games from out-of-town organizations will not be considered
UNFINISHED BUSINESS L for approval. Carried Unanimously.
MONTE CARLO AND CASINO NIGHTS ;' It ~as then moved by Alderman ~uttick~ seconded by Aldennan err, that the
application of the Welland Curling Club not be recommended to the Ministry of
Report No. 171 - Lottery Licensing Officer - The report provides info i Consumer & Commercial l~elatiens for approval. Carried Dnanimously,
the applications approved to date and applications Pending.,apprOva e
ommerclal Relations. ' further applications for Casino and Monte Carlo Nights be processed until Council
................ , ..... . .... 4
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meets with the Social Planning Council and those groups objecting, to discuss
future licensing of any gambling in the City. The motion was Defeated with
following vote:
AYE: Aldermen Puttlck and Wallman.
NAYE: 'Aldermen Chessman, Cummings, Dilts, Fera, Rinsperger, Graaskamp, Merrett
Orr, Schisler and Sobol.
It was then moved by Alderman Cummings, seconded by Alderman Orr, that
matter of Casino and Monte Carlo Games be referred to the Social Planning Co~i_
along with all available material for an indepth study, further that all
interested organizations in the City be given an opportunity to provide input
for the study, and that applications from local groups for such events continue
to be processed. The motion Carried with the following vote:
AYE: Aldermen Chessman, Cummings, Dilts, Fera, Hinsperger, Graaskamp, Merrett~
Orr, Schisler and Sobol.
NAYE: Aldermen Patrick and Wallman.
APPLICATION FOR EXEMPTION FROM PART LOT CONTROL - A. SIEFRIED BUILDERS - LOTS
20 - 28, DORCHESTER SQUARE SUBDIVISION, PLAN M-52
Report No. 173 - City Manager - The report recommends passage of two by-laws
authorizing an agreement with A. Sicfried Builders and to designate certain
land not to be subject to part lot control.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
See By-laws 80-65 a
80-65
OBJECTIONS TO ZONING BY-LAW 79-200
Report No. 174 - City Manager - The report recommends passage of a resolution
adopting the position taken by Council with respect to letters of objection
and requests for changes in By-law 79-200.
ORDERED on the motion of Alderman MetPert, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 2!
CONTRACT S.S. 21-75 AND S.S. 38-75 FOR TRUNK STORM SEWER ON STANLEY AVENUE
Report No. 175 ~ City Manager - The report provides information on the procedure
followed in awarding a contract-for the installation of an 84" diameter trunk
storm sewer on Stanley Avenue.
Mayor Thomson indicated that the original low tendeter felt there would be
no point in debating the circumstances of a decision made in 1~75, and that
nothing would be gained by carrying on further discussions. The Mayor advised
that the contractor would like to meet with a committee of Council and other
local contractors to discuss possible improvements in the City's tendering
and contract procedures. Aldermen Dilts, Fern-and 'Herrerr offered to serve
on such a committee.
Alderman Chessman suggested that Council establish a public works con~nittee
to deal with problems of this nature on a continuing basis. Mayor Thomson
agreed that such a committee would be useful, however because of the time
commitments involved in the many other committees of Council, the Mayor felt
that the committee's involvement should be limited. Alderman Furtick provided
further information on his involvement in the matter, and expressed his
views on the suggestion of a public works committee,
Following further comment, it was moved by Alderman Craaskamp, secbnded
by Alderman Fera, that the report be received and filed and that a committee
of Council be established to meet informally with local contractors. ' Carried
Unanimously. __
APPOINTMENTS TO NIAGARA FALLS .HYDRO COMMISSION
Report No. 176 - City ManaRer - The report recommends that members of Council
review the information presented concerning appointments to the Niagara Falls
Nydro Commission and determine if an amendment to By-law 79-197 is required,
Mr, 6, Burlay a member of the previous Commission, explained the history
of the establishment of the new Commission and expressed the hope that Council
would not amend the by-law coallow the existing Commission to remain in office.
1
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Mr. G. Prate and ~. J- Somerville presently serving terms on the
Commission, expressed the hope that they ~ould be a].lcwed to continue their
work on the Commission, in particular the negotiations with ~taric liydro
for the assumption of various facilities in the City. It was pointed out
that the ne]~ ~ommlssion had so far been successful in saving a great deal
of money through negotiations with Ontario Hydro.
In the discussion that followed, members of Council expressed their
opinions on whether or not the existing Commission should be permitted to
remain in office a further term: or be elected through a general vote in
Nover~er.
Alderman Graaskamp felt that the Commission should be elected, however
under the existinS leSislatior.. there would be nc guarantee that Chippawa
and the rural areas ,,,cold still have representation on the Commission. The
City Clerk advised that Bill 29 was quite specific in stating that the
Commission shall be elected by a general vote of the electors.
Alderman Patrick felt the matter should be tabled to determine if the
new Cormmission was ;,-orking effectively and if in fact it had actual. IV saved
so much money. Mayor Thomson explained that the negotiations in question
were still being conducted. with Ontario l{ydro and that no figures had been
set as yet on the take over of the facilities by the local Ccr~.ission. It
was likely that the matter would be dispute~ in the courts by Or..tario Rydro.
Following considerable discussion, it was moved by Alde,_]nan Grasskemp,
seconded by Alderman Dilts, that the matter be tabled for two weeks for
information from the Province on whether ~i!i 29 is final and binding; or
if the Frovkce would consider a private bill ~o provide for representation
from the different area.s of the City. The motion was Defeated with the
following vote:
AYE: Aldermen Dilts, Fern, Hinsperger, Grasskemp and Orr.
NAYE: Aldermen Chessman, Cummings, Merrett, Puttick, Sckisler, Sobol and Wallman.
It was then moved by Alderman MetPert, seconded by Alderman CummiDgs, that
Ey-law 79.-197 not be amended. The motion Carried with the following vote:
AYE: Aldermen Chessman, Cummings: Merrett~ Puttick, gchisler, Sobol and
Wallman.
NAYE: .~ldermen Dilts, rera, |linsperger, Graaskamp and Orr.
OBJECTION~ TO ZONING AME,~ME~ BY-LAW 80"15, BOMDAL INVESTmEntS LIMITED
Report No. 177 - City Clerk - The report requests that Council revt~ the
objections to the passin? of By-].m~- 80-15 in order that the ~ity Clerk can
report to the Ontario Municipal Board the position taken by the Municipality
with respect to the objections.
The City Clerk advised that there may be a letter coming from the
applicants asking that the application be ~ithdr~m, which would terminate
any further action on the ~tter. Until that time, the application will be
processed in the normal manner. "'
ORDERED on the motion of ~'ddernan Sobol, seconded by Alderman ~rrett, that
the by-laW and objections be referred to the. ~ltario Municipal Board. Carried
.Unanimously.
C0t. RR]NICA~ZONS
No. 52 - Niagara Escarpment Commission -- Re: Phase I and Phase II Rearfags
for the proposed Niagara Escarpment Plan. The communication provides
infonnation on the Phase I and Phase II hearings to be held on the proposed
plan for the Niagara Escarpment.
ORDEPZD on the motion of Alderman Sobol, seconded by Alderman Cu~,miings, that
the Fingers Escarpment Commission be notified that the City ~ill participate
in the Phase II Hearings. CaXried Unanimously.
No. 53 - Niagara Transit - Re: CNICrossings. ~xe communication requests
assistance in eliminating unnecessary delays at railway crossings.
ORDERED on the motion of Alderman Schisler, seconded by Alderman MetPert, that
a copy of the material presented be forwarded to officials of C.I/.R. with a
request that every effort be made to minimize delays incurred by Transit
vehicles. Carried Unanimously,
No. 54 - Niagara Transit - Re: Public Meeting ou April ].5, 1980. The
communication advises that. a public meetin~ will be held ~n the Council
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Chambers at City Hall on Tuesday, April 15, 1980 at 7:30 p.m. to discuss the
proposed construction of a transit terminal at the southwest corner of Sylvia
Place and Peer Street.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that as
many members of Council as possible attend the meeting. Carried Unanimously.
No. 55 - Hr. M. Scordino - Re: Proposed Transit Terminal on Sylvia Place. Thi~
communication expresses objection to the proposed transit terminal on Sylvia
Place.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the
communication be referred to the public meeting to be held on April 15, 1980.
Carried Unanimously.
No. 56 - City of St. Catharines - Re: Notification of Liquor Licence Applicat
The communication requests endorsation of a resolution requesting additional
notification procedures in the processing of liquor licerice applications.
Mayor Thomson provided additional information in response to a question
raised by Alderman Sobol. Alderman Merrett felt that this revised procedure
would be creating a lot more red tape for the individuals applying for
licences.
ORDERED on the motion of Alderman C,mmings, seconded by Alderman Fera, that
the resolution be endorsed. The motion Carried with Alderman MerEerr voting
contrary and all others voting in favour.
No. 57 - Association of Municipalities of Ontario - Re: Workshops in the Draft,
Planning Act. The communication advises that theA.M.O. will be sponsoring
four 1-day workshops to discuss the Draft Planning Act.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Graaskamp, that
three members of Council and two members of staff be authorized to attend thei,
Workshops. Carried Unanimously.
No. 58 - Ontario Public Library Association - Re: Spring Workshop on Library
Boards and Municipal Governance. The communication extends an invitation to
the members of City Council to participate in the subject workshop.
ORDERED on the motion of Alderman Merrett, seconded by Alderma. A Orr, that the
communication be received and filed. Carried Unanimously.
No. 59 - Dr. D. Afrukhteh - Re: Historical Building at 4190 Park Street. The
communication advises that due to serious damage caused by a recent snow storm
the building had to be demolished. The communication also states that it is
regrettable the building had to be demolished when the City has funds for
renovation and restoration in;this section of the City.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that
the communication be received and filed and that clarification be provided to
Dr. Afrukhteh regarding his statement that the City may have funds for tenover:
or restoration of that section of the City. Carried Unanimously.
No. 60 - Residents and Taxpayers of the Fallsview Area - Re: Major Expenditure]"
for the Niagara Falls Arena. The communication expresses opposition to any
major expenditure of funds on the existing Niagara Falls Arena and suggests
that consideration be given to the constructionof a new'facility on municipal
lands in the Fallsview/Mount Carmel Area. -~'
Mayor Thomson provided additional information regarding grants and subsidi]
in response to a question raised by Alde~man Oraaskamp.
ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the
petition be referred to the Special Arena Comm~ tree.. Carried Unanimously.
REPORTS
No. 178 - City Manager - Re: Designation of Chief Planning Officer.' The report
recommends passage of a resolution designating Mr. A. Greaves as the Chief
Planning Officer for the City of Niagara Falls.
ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
See Resolution No.
No. 179 - City Manager - Re: Site Plan Approval - Proposed Animal Clinic at
,OtNeil Street and St. Paul Avenue. The report reconnende passage of the
subject site plan as submitted.
The Building & Development Co-ordinator provided additional information
in response to a question raised by Alderman Nerrett.
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ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that
the reportbe received and adopted. Carried Unanimously.
No. 180 - City Manager - Re: Site Plan Approval - Proposed Addition to Nancy's
Country Kitchen Restaurant on Sodom Road. The report recommends approval of
the subject site plan as submitted.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously-
No. 181 - City Manager - Re: Disposal of Part of Unopened Portion of Smith Avenue.
The report recommends that the westerly 33' of Smith Avenue be closed and conveyed
to Mr. Cirillo Martignano at a price of $3300.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
NOTE: Alderman Orr retired from the meeting.
No. 182 - City Manager - Re: Lease #246904 Ontario Hydro for Turning Circle
for School Buses. The report recommends that the lease with Ontario Hydro for
the use of part of Township Lot 64 on the east side of Garner Road north of
Thorold Stone Road for the purpose of a turning circle for school buses, be
terminated.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Sobol, that the
report be received and adopted. Carried Unanimously.
No. 183 - City Manager - Re: Westway Estates Subdivision. The report recommends
'that the Ministry of Housing be advised that the City of Niagara Falls concurs
with a one year extension of draft plan approval to April 15, 1981 in respect
to the proposed Westway Estates Subdivision.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett, that
tha report be received and adopted. Carried Unanimously.
No. 184 - City Manager - Re: Lots 9, 10 and 11, Falls Industrial Park Extension.
The report recommends that Council approve of a request for a reserve until
May 9, 1980 from Campbell and Joudrey Ltd. on Lots 9, 10 and 11 in the ,Falls
Industrial Park Extension, on the west side of Kister Road.
ORDEPd~.D on the motion of Alderman Craaskamp, seconded by Alderman C~nnmings,
U~anim us y.
that the report b~ received and adopted. Carried o 1
No. 185 - City Manager - Re: Niagara South Board of Education Request for
Conveyance of Road Allowance. The report recommends that Council agree to
close and authorize the sale and conveyance to the Niagara South Board of
Education of that part of the unopened road allowance between Township Lots
17 and 24 of the Former Township of Stamford, designated as Part 7 on
Reference Plan toR-310O, having an area of 0.322 acres and that the sale
price of the land conveyed to the Board be at the same rate per acre as
established by the Board's appraiser for the remainder of the Board's lands
plus the cost of advertising and other disbursements.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
No. 186 - City ~anager - Re: Fruitbait Parkway. The report recommends passage
· of a by-law authorizing the acceptance of a conveyance of land from Fruitbelt
Trucking Inc. and to lay out and establish the land as Fruitbelt Parkway, and
passage of a resolution authorizing an application to the }~nister of Housing
pursuant to Section 450 of the Municipal Act for the laying out of the land
~described therein as a public highway.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts, that
the report be received and adopted. The motion .Carried ~ith Alderman Puttick
voting contrary, and all others Voting in layout.
See Resolution No. 26
and By--law No. 80-66
No. 187 - City ~anager - Re: Union ~mrsh Drain - Former Township of Willoughby.
The report recommends that the information contained therein be received and
that complete information on the provisions of the Drainage Act in respect of
remedial work on municipal drains be provided to persons inquiring as to
the possibility of having repairs carried out to the Union Marsh Drain.
Alderman Wallman provided additional information on the matter and
indicated that he would do his bet to get some input from citizens in the
area. Mr. D. ~Keuzie, a property owner in the area~ stated that if remedial
work is to be carried out, there must be on-going regular maintenance in order
to be effective.
ORDERED on the motion of Alderman Wallman, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously. . .... 8
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No. 188 - City Manager - Re: Quotations for Rental of General Purpose Equipment.
The report recommends that the schedule for rental of general purpose equipment
be used starting with the economically lowest rate for equipment available and
suitable when required for City operations.
In response to a question raised by Alderman Graaskamp, the Director of
Municipal Works advised that the City does not have any private contractors
spreading salt on City roads.
ORDERED on the motion of Alderman Fera, seconded by Alderman Wallman, that the
report be received and adopted. Carried Unanimously.
No. 189 - City Manager - Re: 1980 Tenders for Grass Seed, Sod, Traffic Paint,
· and Supply and Apply of Traffic Paint. The report recommends acceptance of
tenders from F.R. Smith Seeds, Otto Pick .& Son, Niagara Metion Sod, Young Sod
Supply, Niagara Paint & Chemical and Modern White Line Service.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
No. 190 - City Manager - Re: Stop Signs. The report recommends preparation
of a by-law to authorize the erection of stop signs on Butler Place, Secord
Place, Loyalist Avenue, Empire Place, MacPherson Crescent, Gall Avenue,
St. George Avenue, Theresa Street, Hillcrest Crescent, Mercury Avenue, Piva
Avenue, Cambridge Street, St. Andrew Avenue, St. Patrick Avenue, Desson
Avenue, Portage Green Drive, Marion Avenue and Confederation Avenue.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Fern, that
the report be received and adopted. Carried Unanimously.
No. 191 - City Manager - Re: Jack Bell Arena Mezzanine. The report recommends
passage of a by-law to authorize an agreement with the Greater Niagara Minor
Hockey Association for the use of a major portion of the Jack Bell Mezzanine
Area.
ORDERED on the motion of Alderman Herrerr, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously..
See By-law No. 80-67
No. 192 - City Manager - Re: Surface Treatment Program for 1980. The report
recommends that Council approve the calling of tenders for tl~ surface treatment
program for 1980 and the award of the contract to the successful tendeter prior
to the operating budget being approved.
ORDERED on the motion of Alderman Fera, seconded by. Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
No. 193 - City Manager - Re: Ontario Association of Fire Chiefs. The report
recommends that Council authorize the attendance of the Fire Chief and three
Area Fire Chiefs at the annual conference of the Ontario Association of Fire
Chiefs to be held in Hamilton from May 4 - 8, 1980. "
ORDERED on the motion of Alderman Schisler, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 194 - City Manager - Re: Canadian Building Officials Association Conference,
The report recommends that the Building & Development Co-ordinator be authorized
to attend the subject conference to be held in Edmonton, Alberta from May 11 -
14, 1980.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
No. 195 - City Manager - Re| Municipal Accounts. The report reconmends payment
of the municipal accounts.
The City Manager provided additional information on Cheques #4627, #4660,
#4661, #4666, #4688 and #4779 in response to questions raised by Aldermen
Cummings, Graaskamp and 8obol. With respect to Cheque #4647 for improvements
to the sound system at the Niagara Falls Arena, the City Manager indicated
a report was in the process of being prepared and would be submitted at the
next Council meeting.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Schisler, that
the report be received and adopted. The ,motion Carried with Alderman Puttick
abstaining on a conflict of interest on Cheque #464Y, and all others voting in
fayour.
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2) Regional Municipality of Iliagate - Re: Procedure for Handling Requests
'to Issue Debentures.
Recommendation - For the inforaation of Council.
3) ~ss Irene McAfee -- Pa; Donation of !ntique Collsction.
Recommendation - That Mayor Thomson be commended for his efforts in
having the McAffee collection given to the Municipality.
4) [~nistry of Housing-. Re: Changes in entario Housing Corporation
Subsidized Rental Units.
Recommendation - For the information of Council.
5) Boys & Girls Club of Niagara - Re: Annual City Council/Board of Directors
Swtn~a-Thon Challenge.
Recommendation .-. For the information of Council.
5) Municipal Transportation Energy Advisory Co~nittee -- ks: Municipal
Transportation Energy Seminar -. April 2~th, Hamilton.
Recommendation - That arrangements be made to have representatives of the
City, including the Transit Commission, attend the Seminar.
)hyor ~'aomson requested that Council authorize the City Slerk to write
to Miss McAfee thanking her for her interest in the Municipality. Alderman
Sobol suggested that a suitable plaque could be prepared and presented to
.Miss McAfee in recognition of her contributionz.
O~LDBRED on the motion of ;lderman Chessman, seconded by Alderman Merrett,
that the City Clerk send a letter of thanks to FaLse Irene McAfee. Carried
Unanimously.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Wallman, that
the report be received and adopted. Carried Unanimously.
P_~TIFICATION OF GENEPAL CO~E~ITTEE SZSSI~N DECISION - REQUEST BY FtLRINELAND FOR
APPROVAL OF ITS PURCHASE OF LOTS 7, 9 AND 14, FALLS INDUSTRIAL
ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that
Council approve the purchase of Lots 7, 9 and 14 in the Falls Industrial Park,
by )brineland. Carried Unanimously.
Mo. 24 - CHEESF~2] - WALL~3 '- RESOU%;ED T}L~T ~rHERF~S Ontario ~agulation 78/80
'prescribes procedures allowing zoning by-laws to come into force without Ontario
Municipal Board approval; and
'alERFJ~S each zoning amendment by--law, when circulated, must be accompanied
by Schedule 3, being a statement of the.proposed by-law's confirmity to the ..! .
Official Plan; and "'i"~
~rHEREAS Schedule 3 must be stg~'~ed by 'the Chief Planning Officer of the ',~ ..~
Municipality, deslgT~ated by resolution of Council;
NOW THEREFORE BE IT RESOLVED that Alec Greaves be designated as the Chief
Planning Officer for the purpose of completing Schedule 3 of Form 1 under ."
the provisions of Ontario ~egulation 73/80; ~D the Seal of the Corporation
be hereto affixed.
Carried Unanimously
meetings of Council in General Committee on the 3rd, 17th and 31st days of
March, 1980 with respect to the objections and requests for changes in the
are hereby ratified and confirmed:
Reconmmndation - That the week of ~hy 3 - 10, 1980 be proclaimed Big Sistei the Council of the-City of Niagara Falls on the said objections.
Weak in accordance with established policy.
..... 9 ..... 10
.......
That the recommendations of the Planni ,g ,irector on objections
NOS. 1, 2 (considered with No. 19), 3, 4, 5, 6, 7, 8, 9, 12, 13,
14, 15, 16, 17, 18, 19 (as revised by addendum dated 1980 03 31),
20, 21, 22, 23, 25 (as revised 1980 31), 27, 28, 29, 30, 31,
32, 33, 34, 35, 36, 37, 39, 40, 41, 42, 44, 45, 46, 47A, 47B, 48,
49, 50, 51, 52, 53, 54, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66,
69, 72, 73~(as revised 1983 03 31), 74 (as revised 1980 03 31),
75 (as revised 1980 03 17), 76, 77, 78, 79, 80, 81, 83, 84 (as
revised by addendum dated 1980 03 17), 85, 86, 87, 88 (considered
with No. 34), 89, 90, 91, 92, 94, 95A, 95B (considered with No. 85),
96, 97, 99, 100, 101, 104, 105,106, 107, 108 (as revised 1980 03
'31), 109, 110, 112, 113, 114, 115, 116 are adopted as the positions
taken by the Council of the City of ~lagara Falls on the said
No. 196 - City Clerk - Re: Consent Items. (b) Ihat the recommendations of the City Solicitor on objection Nos.
1) Niagara Falls Big Sister Association - Re: Big Sister Week, May 3 - 10, 1980, 10, 26, 38, 70, 82, 93, 111 are adopted as the positions taken by
(c)
- 10 -
That with respect to objection Nos. 11 (Cyanamid Canada Inc.)
and 43 (L.W. Atkinson) the Ontario Municipal Board be advised
that the Council has directed staff to continue discussions
with the objectors with a view to resolving the objections.
(d)
That with respect to objection No. 55 (B.P. Canada) the Ontario
Municipal Board be advised that the Council is prepared to pass
a by-law to establish an AS (Automobile Service Station) Zone
for the objector's property.
(e)
That with respect to objection No. 56 (Donald N. Chapman Associates)
that Council agrees that the proposed arcade, go-cart track and
water slide uses be permitted and that the reconmendations contained
in the report of the City Solicitor on this objection is hereby
adopted.
(f)
That with respect to objection No. 103 (M. Stockton re R4 Zone
on McLeod Road) that the recommendations contained in the report
of the Planning Director dated 1980 03 17 be adopted with the
additional proviso that the Council is prepared to further amend
the zoning schedules to provide for an R1 Zone category for the
land on the north side of McLeod Road between Dorchester Road
and the Ontario Hydro Power Canal instead of the recommended change
to TRMZone.
2. That with respect to objection No. 102 (Strew Construction Company Limited),
the report of the Planning Director be adopted and that the objector be advised
to initiate an application for amendments to the Official Plan and zoning by-la
at its convenience.
3. That with respect to objections 67, 68 and 71 (3 properties on Bridgewater
Street), the Ontario Municipal Board be advised that Council is prepared to
accede to the request and initiate the required amendments to the Official Plan
and zoning by-law.
4. That copies of the reports to the Planning Director and the City Solicitor
on the respective objections and requests for changes be fo~rded to the
Ontario Municipal Board, together with copies of the letters received from
objectors agreeing with the recommendations in these reports with respect to
objections Nos. 30, 36, 49, 52, 54, 70, 80, 82, 95A and 110.
5. That copies of the letters from objectors withrawing objections Nos. 45,
64, 86, 98, 105, 111 be forwarded to the Ontario Mu~icipal Board.
6. That the Ontario Municipal Board be requested to set an early date for
the hearing of the objections and requests for changes; ANDfthe Seal of the
Corporation be hereto affixed.
'Carried Unanimously
No. 26 - MERRETT - DILTS - RESOLVED that pursuant to section 450 of The
Municipal Act, the Minister of Housing be requested to approve the passing
of a by-law by this Council for establishing and laying out the lands in
the attached description (and being the same lands described in Schedule "B"
to an agreement dated the 20th day of February, 1980 between Fruitbelt
Trucking Inc. and the Corporation of the City of Niagara Falls) as a public
highway; AND the Seal of the Corporation be hereto affixed.
Puttick voting
and all others vott~
in fayoUr. _
BY-LAWS
- 11 -
No. 80-67 - A By-law to authorize a lease with the Greater Niagara Minor
Hockey Association.
No. 80-68 - A By-law to provide monies for general purposes.
No. 80-69 - A By-law to appoint John G. Graaskamp a member of Council of the
City of Niagara Falls.
No. 80-70 - A By-law to appoint David Thomas Kemp, Fire Chief.
Carried with Alderman
Puttick voting contrary
on By-law 80-66, and
all others voting in
fayour.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman,
that the following by-laws be read a second and third time:
No. 80-64 - A By-law to authorize an agreement with A. Seifried Builders Limited
respecting certain lots on Plan M-52.
No. 80-65 - A By-law to designate certain land not to be subject to part lot
control.
No. 80-66 - A By-law to authorize the acceptance of a conveyance and to lay
out and establish land as Fruitbelt Parkway.
No. 80-67 - A By-law to authorize a lease with the Greater Niagara Minor
Hockey Association.
No. 80-68 - A By-law to provide monies for general purposes.
No. 80-69 - A By-law to appoint John G. Graaskamp a member of Council of the
City of Niagara Falls. ~
No. 80-70 - A By-law to appoint David Thomas Kemp, Fire Chief.
Carried with Alderman
Puttick voting contrary
on By-law 80-66, and
all others voting in
favour.
NEW BUSINESS
PORTAGE ROAD BRIDGE OVER THE HEPC CANAL
It was moved by Alderman Merrett, seconded by Alderman Cummings, that
'the McCormick, Rankin Report on Investigation=and Evaluation of the Existing
Portage Road Bridge over Ontario Hydro Power Canal, be referred to the special
committee concerning the Portage Road Bridge. Carried Unanimously.
WORLD HEALTH DAY - APRIL 7, 1980
Alderman Cheesman referred to material distributed to Council concerning
World Health Day which deals with smoking. The Alderman advised that this is
'still a matter of concern to the Smoking By-law Committee, and commended the
material for the Council's reading.
RaILWAY RELOCATION
Alderman Puttick stated it was his understanding that although studies
ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that had been undertaken on railway relocation in the City, there wou~d be no funds
leave be granted to introduce the following by-laws, and the by-laws be read from any level of government to actually carry out such work. Mayor Thomson
a first time:
advised that the studies had been paid for, and there was no point in dropping
the matter since valuable traffic and railway information was being gained
No. 80-64 - A By-law to authorize an agreement with A, 8eifried Builders Limited that the City would not otherwise have. The Mayor confirmed that no level of
respecting certain lots on Plan M-52. government had made any commitments as far as financial participation in
the actual railway relocation. The Director of Municipal Works provided
No. 80-65 - A By-law to designate certain land not to be subject to part lot additional information.
No. 80-66 - A By-law to authorize the acceptance of a conveyance and to lay
out and establish land as Fruitbelt Parkway.
.....
- 12 -
FINANCE CONNITTEE
Alderman Cheesman reminded members of Council that there would be a
meeting of the Finance Committee on April 9th, 1980.
It was moved by Alderman Fera, seconded by Alderman Sobol, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
~L~INSON CITY CL~'
MAYOR WAYNE THOMSON
FIFTEENTH MEETING
Council Chambers
April 14, 1980
SPECIAL MEETING
Council met on Monday, April 14, 1980 following a meeting of the General
Committee. All members of Council were present with the exception of Aldermen
Orr, Puttick and Wallman. His Worship, Mayor Thomson presided as Chairman.
REGIONAL REPORT ON INDUSTRIAL PROMOTION
It was moved by Alderman Sobol, seconded by Alderman Hinsperger, that
the Region be requested to extend the April 24, 1980 deadline for comments on
the Woods Gordon Report on Economic Development, in order that Council will
have an opportunity to formulate a presentation through the Niagara Falls
Business & Industrial Growth Agency to the Regional Council. Carried Unanimously-
REPORTS
No. 197 - City Manager - Re: Contract S.S. 3-80, Storm Sewer Construction on
McLeod Road from Stanley Avenue to Conrail Drainage Channel. The report
recommends acceptance of the tender submitted by William Duffin Contracting
Limited for the subject contract.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Graaskamp,
that the report be received and adopted. Carried Unanimously.
See Resolution No. 27
See By-law No. 80-71
Verbal Report - Projects & Services Engineer - It was recommended by the Projects
and Services Engineer that Council authorize an expenditure of $1,200 for the
purchase and installation of speakers for the Niagara Falls Memorial Arena.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the recommendation of =the Projects & Services Engineer be adopted.
Carried Unanimously.
No. 198 - City MAnager - Re: 1980 Aerial Photography. The report recommends
that Northway Gestalt Corporation be authorized to undertake aerial photography
during the month of April, 1980 with the cost of the work to be charged to the
to-ographical mapping reserve account and capital works by-laws 79-218, 77-246,
79-217, and certain 1980 Capital Budget projects.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the report be received and adopted. -Carried Unanimously.
No. 199 - Alderman C. Cheesman, Finance Committee - Re: Rubbish Collection 1980.
The report recommends that City forces be used to collect rubbish in 1980
commencing May 20, 1980.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
RESOLUTION
No. 27 - SCHISLER - GRAASKAMP - RESOLVED that the unit prices submitted by
W. Duffin Contracting Limited for storm sewer construction on McLeod Road
from Stanley Avenue to the Conrail Channel, be accepted at the tendered price
of $186,628.92; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAW
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that
leave be granted to introduce the following by-law, and the by-law be read a
first time:
No. 80-71 - A By-law to authorize the execution of an agreement with W. Duffin
ContrActing Ltd. for the eonstrnction of a storm sewer on McLeod
Road from the Conrail Channel to-Stanley Avenue.
Carried Unanimously.
2
ORDERED on the motion of Alderman Fera, seconded by Alderman Herrerr, that
the following by-law be now read a second and third time:
No. 80-71 - A By-law to authorize the execution of an agreement with W. Duffin
Contracting Ltd. for the construction of a storm sewer on McLeod
Road from Conrail Channel to Stanley Avenue.
Carried Unanimously
NEW BUSINESS
MINOR VARIANCE APPLICATION A-13/80 GENERAL ABRASIVES ON STANLEY AVENUE
Alderman Sobol referred to a notice distributed to Council concerning an
application by General Abrasives for permission to constroct two domes with a
diameter of 225' and six silos at their Stanley Avenue plant. The Alderman
stated that the notices did not specify what would be stored in these
structures. Mayor Thomson assumed that any materials stored would have somethk
to do with the abrasives industry, and indicated that the appropriate informati~
would be supplied to the Alderman.
WASHROOMS AT NIAGARA FALLS ARENA
Mayor Thomson referred to a complaint raised concerning the condition of
washrooms at the Niagara Falls Arena during a recent tournament, and advised
that the problem had been caused by the continuous use of the facilities without
a break. The staff had not had an opportunity to get into the washrooms in
order to clean them.
HISTORICAL CONFERENCE - BROCK UNIVERSITY
Alderman Graaskamp advised that he had recently artended a conference on
the history of the City and the Region at Brock University. The Alderman
provlded information on the activities of the conference and advised that the
proceedings will be printed in book form and will be available to interested
persons.
FINANCE COMMITTEE
Alderman Cheesman advised that the Finance Committee would be meeting on
April 16, 1980 at 4:00 p.m.
It was moved by Alderman Cheesman, seconded by Alderman Fera, that the
meeting adjourn. Carried Unanimously.
I.'~
READ~~DOPTED~
· c TY
· L. COLL ,
m
SIXTEENTH MEETING
Council Chambers
April 21, 1980
REGULAR MEETING
Council met on Monday, April 21, 1980 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present. Alderman
Wallman arrived during the course of the meeting. His Worship, Mayor Thomson
presided as Chairman. Alderman Schisler offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fera, seconded by Alderman Sobol, that
the minutes of the meetings held on March 31st, 1980 and April 8th, 1980, be
adopted as printed. Carried Unanimously.
PRESENTATION
TIME CAPSULE PRESENTATION - STUDENTS OF GEORGE P. VANIER SCHOOL
Vasant Ramlaggan and Roman Viskup, students of George P. Vanier School
gave a verbal presentation on the time capsule they had prepared under the
guidance of their teacher, Mrs. M. Vanderschoot. The capsule itself is
constructed of ASS pipe, six feet in length and six inches in diameter,
containing two compartments. One compartment will contain large items such
as maps, postcards, a telephone book, etc., while the second compartment
composed of two small containers, will hold items such as a 1980 Trade Dollar,
seeds, amicro-film copy of the local newspaper and souvenirs of the City's
75th Anniversary. The capsule was constructed in such a manner that it would
withstand earth pressure for several hundred years. In order to ensure that
the capsule would not be disturbed, it was suggested that it be buried on
municipal property.
Mayor Thomson congratulated the students and their teacher for their work
which was done in recognition of the City's 75th Anniversary.
DEPUTATION
PORTAGE ROAD BRIDGE OVER THE HEPC CANAL
Report No. 200 - Mayor Thomson - The report requests that Council provide
direction on the course of action to be taken concerning'the Portage Road
bridge over the HEPC Canal.
Mr. Paul Foy was granted permission to address Council on the motion of
Alderman Hinsperger, seconded by Alderman Cummings. Mr. Foy advised that the
bridge had been closed the very day the new bridge opened, despite promises
of the life expectancy of the bridge. Many long term business commitments
were made because of the promise to keep thig~ridge open. Mr. Foy stated
that little or no maintenance had been done on the bridge, and that more money
had been spent on reports in the last five years than on actual repairs to the
structure. Reference was made to a letter from the Regional Director of
Engineering to the Chamber of Commerce wherein it stated that repairs to the
bridge were scheduled to commence on June 25, 1978 for the removal of cold-patch
and replacement with asphalt overlay. Mr. Foy stated that this work was never
done. According to the report submitted, the current traffic studies indicate
that in 1978 when t~e bridge was open, an annual daily average of 3810 cars
used the bridge daily, and that during April, 1980, an average of 3805 cars
per day were recorded. Mr. Foy pointed out that he had reports from the
Region that confirmed that 8300 cars were using the bridge daily prior to its
closing· Business sales had dropped so drastically in that period of time, and
concern was also expressed about the future of the five corner intersection
at Stamford Centre as a result of the closing of the bridge. Mr; Foy requested
that Council approve an allocation of $170,000 in the budget as the City's
share of the bridge reconstruction and that the Region be requested to reconstruct
questions raised.
Mr. L. Morningstar was granted permission to address Council on the motion
of Alderman Chessman, seconded by Alderman Orr. Mr. Morningstar advised that
when he had applied for a permit to construct his new office building in 1971,
-2-
no mention had been made of the possible future closing of the Portage Road
bridge. Prior to closing of the bridge, it was very difficult for cars to
pull out on to Portage Road from Perkins Street. Now the stop sign is hardly
necessary. Mr. Morningstar stated that during the public meetings on this
matter, the Regional Director of Engineering had stated that the bridge would
remain open following completion of the new structure, for as long as it
could be maintained, an anticipated twenty to twenty-five years or more. It
had been a shock to see the bridge closed the same day the new structure
opened. Mr. Morningstar stated that the future for merchants and businesses
in the Portage Road area was dependent on the continued operation of the
bridge. Mr. Morningstar also presented a letter from Mr. D. Hinchliffe of
HMC Travel expressing his concerns about the future of the Portage Road bridge.
Mr. D. Biamonte of Niagara Falls Buildall was granted permission to address
Council on the motion of Alderman Orr, seconded by Alderman Cummings. Mr.
Biamonte agreed with most of the comments made by the previous speakers and
advised that he would not have expanded his store if he had known the bridge
was to be closed.
Mr. M. Gastaldi of Rainbow Variety was granted permission to address
Council on the motion of Alderman Orr, seconded by Alderman Cummings.
Mr. Gastaldi advised that in 1977 when he had been contemplating purchasing
his business, the closing of the bridge would have had a great bearing on his
decision at that time. Since the area businesses had been told the bridge
would likely remain open for twenty to twenty-five years, Mr. Gastaldi stated
that he had proceeded to purchase the property and had enjoyed very good
business for some time. When the bridge was closed, almost two thirds of
the potential traffic was lost due to the reduced traffic. Mr. Gastaldi also
stated that the Region had done very little to maintain the bridge other than
filling pot holes, and which had affected the life of the bridge.
Miss M. Canham was granted permission to address Council on the motion
of Alderman Cheesman, seconded by Alderman Hinsperger. Miss Canham confirmed
that traffic has been reduced considerably, and at times there is no traffic
on the bridge at all. Miss Canham said that if the bridge was closed to
pedestrians, she would have a difficult time walking around the extension to
get to the old section of Portage Road.
Mr. B. Mares was granted permission to address Council on the motion of
Alderman Hinsperger, seconded by Alderman Cummings. Mr. Maves stated that the
business people of the area are not new developers, but established businesses
generating a large amount of tax dollars and employing many people. Mr. Maves
stated that the businesses wanted the bridge replaced inorder to continue
business as normal.
During the discussion that followed, members of Council'expressed their
concerns for the future of these businesses if the bridge were to be permanently
closed. Also discussed was the question of whether or not an approximate
amount of $170,000 should be included in the operating budget to represent
the City's share in the cost of replacing or repairing the structure. Regional
Councillor Mitchelson provided additional information on the subject.
Following considerable discussion, it was moved by Alderman Sobol, seconded
by Alderman Grasskemp, that the City of Niagara Falls request the Regional
Municipality of Niagara to retain responsibility for the Portage Road bridge
over the HEPC Canal, that the existing structure be replaced with a new
structure, or if for any reason the existing structure cannot be replaced that
it be repaired, and further that an appropriate allocation be included in the
1980 budget estimates to cover the anticipated City share of the expenditure.
The motion Carried with Alderman Dilts voting contrary, Alderman Puttick
abstaining on a conflict of interest, and all others voting in favour.
UNFINISHED BUSINESS
INTERSECTION OF ONTARIO AVENUE AND HURON STREET
Report No. 201 - City Manager - The report recoF~ends that parking be prohibited
at all times from the easterly side of Ontario Avenue from Huron Street 60'
southerly and that overhead flashing lights be erected at this intersection
to supplement the existing stop signs.
The City Clerk advised that the report was to have been considered by the
-3-
COMMUNICATIONS
No. 61 - Glanford Helicopter Services - Re: Application for Heliport Licence
Victoria Avenue. The communication requests that the City advise the Ministry
of Transport it has no objections to the application of Glanford Helicopter
Services to use property on Victoria Avenue for the purpose of a heliport for
scenic tours of the Niagara Falls area.
Mr. W. Marsh of Glanford Helicopter Services was granted permission to
address Council on the motion of Alderman Hinsperger, seconded by Alderman
Cheesman. Mr. Marsh advised that the previous heliport firm operating out of
this location is presently in receivership, and will eventually be sold. It
was the intention of Glanford Helicopter Services to bid on that company's
holdings. Although a rezoning was required, Mr. Marsh stated that at this
stage he was looking for tentative approval in principle so that he could
commence the filing of applications for permission to operate the heliport.
Mayor Thomson advised that the operation of a hellport at this location
had been the subject of many complaints over the past few years. The Mayor
suggested the matter be referred to staff to contact the people who had
registered complaints previously, particularly in the Glenview area.
Because of the number of complaints raised in the past on this matter,
several members of Council felt there would be no point in delaying the matter,
and that the firm should be advised now that City Council will not approve of
the heliport operation.
Following further comment, it was moved by Alderman Puttick, seconded by
Alderman Merrett, that the request be denied. The motion Carried with Alderman
Dilts voting contrary, and all others voting in favour.
No. 62 - Town of Trenton - Re: SCA Chemical Waste Services. The communication
requests endorsation of a resolution objecting to the dumping of toxic waste
into the Niagara River by an American firm.
Miss C. Allen of Operation Clean Niagara was granted permission to address
Council on the motion of Alderman Sobol, seconded by Alderman Cummings. Miss
Allen provided additional information on the proposal by SCA Chemical Waste
Services to discharge waste into the Niagara River, and asked Council to support
the group's cause and endorse the resolution of Trenton. Miss Allen also
requested that Council determine what kind of non-organic wastes were being
disposed of in the City's sanitary landfill site.
Alderman Puttick provided additional information on his attendance at
several meetings on this matter. Following further comment, it was moved by
Alderman Dilts, seconded by Alderman Orr, that the resolution of the Town of
Trenton be endorsed. Carried Unanimously.
No. 63 - Niagara Falls Business & Industrial Growth Agency Inc. - Re: Proposed
Tannery Operation. The communication requests _that tanneries remain an excluded
'use within the Falls Industrial Park and its extension for the present, until
by demonstration modern tanneries no longer mean'depressed property values
to their'~eighbours.
Mayor Thomson provided additional background information on the matter in
response to a question raised by Alderman Dilts.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that
the communication be referred to the Planning & Development Committee for
· consideration. Carried Unanimously.
No. 64 - Niagara Falls Business & Industrial Growth Agency Inc. - Re: Industrial
Fire Training Programme. The communication advises that a number of local
industries are offering to absorb the expense that would be incurred in sending
Fire Chief D. Kemp to the one week course of the Texas Industrial Firemen*s
Training School at Texas A & M University.
In response to a question raised by Alderman Puttick, Mayor Thomson stated
that the fact outside firms were paying the cost of the Fire Chief's attendance
at the course was in itself a precedent. Mayor Thomson felt that Council should
express its appreciation to these industries for their kind offer and support.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that
the Fire Chief be authorized to attend the course and further that the local
Parking and Traffic Committee prior to submission to Council. industries be thanked for their interest and support. Carried Unanimously.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that '
the report be referred to the Municipal Farking & Traffic Committee for ..... 4
consideration. Carried Unanimously.
·
-4-
No. 65 - Fteld-Springer Disaster Relief Fund - Re: Request for Financial
Assistance.
AND
No. 66 - Port Hope Disaster Relief Fund - Re: Request for Financial Assistance,
ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that the
communications be referred to the Finance Committee. Carried Unanimously.
No. 67 - Mayor John Sewell, City of Toronto - Re: OHIP and Public Health.
The communication requests that Council direct its local board of health or
department of public health to consider submitting a brief on OHIP and
public health to the Hall Commission or directly to the Minister of Health
and Welfare in Ottawa.
The City Clerk suggested that the communication be sent on to the Region
to determine if a submission will be made at that level since there is no
local board of health. Alderman Cheesman did not feel the communication
should be referred to staff since they are not in the public health business.
Mayor Thomson suggested the letter be referred to staff to contact the
Health Unit in order to determine if a submission is to be made.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that
the communication be referred to staff to contact the Niagara Regional Health
Unit. Carried Unanimously.
No. 68 - Parents of Mini-Bike and Motorcycle Riders - Re: Area for Operation
of Mini-Bikes and Motorcycles. The communication requests that the City
consider set aside some land or arrange some place for owners of mini-bikes
and motorcycles to operate these vehicles without causing problems for anyone.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera that
the communication be referred to the Recreation Commission for consideration
in conjunction with the preparation of a report on this matter. Carried
Unanimously.
No. 69 - Mrs. M. Phillips and Others - Re: Parking on Gladstone Avenue. The
communication requests that a two hour parking limit be established on Gladstone
Avenue.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sobol, that
the communication be referred to staff for the preparation of'~ report. Carried
Unanimously.
No. 70 - Mr. K. Angle - Re: Resignation from Planning & Development Committee.
The communication requests acceptance of Mr. Angle's resignation from the
Planning & Development Committee.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Dilts, that
the resignation be accepted with regret. Carried Unanimously.
Alderman Sobol advised that there would be an aldermania vacancy on the
Planning & Development Committee because Alderman Puttick was not able to
attend all of the meetings.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sobol, that
Alderman Grasskemp be appointed to the Planning & Development Committee.
Carried Unanimously.
Mayor Thomson advised that there were several other committees to which
former Alderman MacBalm had been appointed which will require an aldermanic
replacement. The Mayor suggested that Council appoint Alderman Grasskemp to
these committees.
ORDERED on the motion of Alderman Orr, seconded by Alderman Chessman, that
Alderman Grasskemp be appointed to replace former Alderman MacBalm on the
various boards and committees of which he. was a member. Carried Unanimously.
No. 71 - Regional Municipality of Niagara - Re: Temporary Closing of McLeod
Road between Portage and Stanley, The communication advises that McLeod Road
between Portage Road and. Stanley Avenue will be closed on April 21, 1980 for
approximately three days to permit Conrail to make repairs to their tracks
along this section of road.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Dilts, that
the communication be received and filed. Carried Unanimously.
'No. 72.~a) First Baptist Church, (b) Mrs. N. Gautier, (c) Mrs. H. Ort,
(d) Mrs. H. Plylay, (e) St. Andrew's United Church Women, (f) Mrs. B. Sauer,
(g) Hrs. S. Voth - Re:Casino Gambling. The communications express opposition
to casino gambling in the City. '
Alderman Grasskemp felt that Council should be on record as being opposed
to ~egalized casino gambling in the City, and bets higher than $1.00 at the
-5-
events run by local groups for worthy causes. The City Clerk pointed out that
this matter had been referred to the Social Planning Council for study.
Alderman Cummings confirmed that the Social Planning Council had set up a
committee to deal with this matter, and the committee has had its first meeting.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that
the communications be referred to the Social Planning Council. Carried
Unanimously.
REPORTS
No. 202 - Recreation Commission - Re: Special Events and the Scheduling Process
at Municipal Arenas. The report recommends approval of the policy regarding
special events at municipal arenas and the municipal arena scheduling process.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallman, that
the report be received and adopted. Carried Unanimously.
No. 203 - Recreation Commission - Re: Ontario Municipal Recreation Association.
The report recommends the attendance of Mr. F. Sacco, Mr. H. Finbow and the
Director of Recreation at the subject conference to be held in North Bay
from May 22 - 24, 1980.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
No. 204 - Recreation Commission - Re: Franklin J. Miller Park. The report
recommends that Council approve the park plan on display in the Council
Chambers as the official plan .for Franklin J. Miller Park.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
No. 205 - Planning & Development Committee - Re: Welland Securities and Official
Plan Amendment No. 113, Redesignation of Lands from Open Space to Industrial.
The report recommends approval of Official Plan Amendment No. 113 and that the
Region be requested to amend their Official Policy Plan by extending the urban
area boundary to include the subject lands presently designated "environmentally
sensitive area".
No. 206 - City Manager - Re: Possible Acquisition of Lands Designated Open Space
and Subject of Official Plan Amendment 113 (Welland Securities). The report
recommends that in accordance with Official Plan policy regarding municipal
acquisition of lands designated Open Space, that Council refrain from purchasing
lands located along the Welland River south of Chippawa Road.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that
both reports be received and adopted. Carried Unanimously.
See By-law No. 80-72
No. 207 - City Manager - Re: Site Plan Approval - Proposed Revision to Holiday
Inn Addition, 5339 Murray Street. The report recommends approval of the subject
site plan, as amended.
ORDERED on the motion of Alderman Wallman, seconded by Alderman Cummings, that
the report be received and adopted. Carried E~animously.
No. 208 - City Manager - Re: Site Plan Approval - Proposed Hope Baptist Church
on Kalar:Road. The report recommends approval of the subject site plan subject
to certain conditions as outlined in the report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fete, that
the report be received and adopted. Carried Unanimously.
See Resolution No, 29
No. 209 - City Clerk - Re: Restricted Area By-law 79-185, Building Lots on
Improved Streets. The report advises that the Ontario Municipal Board has
appointed Wednesday, May 14, 1980 at 11:00 a.m. for the hearing of all parties
interested in supporting or opposing the subject by-law.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that
the report be received and filed. Carried Unanimously.
No. 210 - Mayor Thomson - Re: AM-30/78, S. Todd. The report provides information
on the status of this matter and recommends that a copy be provided to those
persons who registered their Opposition to the application for rezoning.
In response to concerns raised by Alderman Wallman, Mayor Thomson advised
that Mr. Todd had been 8ivan three months to have the property cleaned up and
to cease operations. The Mayor suggested that the City Clerk report to Council
in threemonths on whether or not the directions of the City have been carried
out.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Sere, that the
report be received and filed. Carried Unanimously.
-6-
-7-
No. 211 - City Manager - Re: Agreement between City and Phase 4 Developments
Ltd. The report recommends passage of a by-law to authorize an agreement with
Phase 4 Developments Ltd. concerning the refund of impost fees and monies
deposited for the construction of a sanitary sewer on Leader Lane, since the
consents approved by the Land Division Committee will not be proceeded with.
In response to a question raised by Alderman Puttick, the City Solicitor
advised that no provision had been made in this particular agreement to
recover any legal costs involved. The City Solicitor further stated that
in situations such as this, the City could ask that this type of provision be
included in an agreement. Alderman Puttick suggested that consideration be
given to including such provisions in future agreements of this nature.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Wallman, that
the report be received and adopted. Carried Unanimously.
See By-law No.
No. 212 - City Manager - Re: Contract S.T. 4-80, Surface Treatment of Roads.
The report recommends that the unit prices submitted by Norjohn Construction
for the subject contract, be accepted.
ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
See Resolution
See By-law No. 80-7~
No. 213 - City Manager - Re: Contract S.S. 5-80, Sanitary Sewer Construction on
Montrose Road in the vicinity of Niagara Square. The report recommends that
the unit prices submitted by Provincial Construction Ltd. for the subject contr~
be accepted.
ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
See Resolution No.3~
See By-law No. 80-75
No. 214 - City Manager - Re: Hydraulic Sewer Cleaning and T.V. Inspection 1980.
The report recommends acceptance of the tender submitted by Bob Robinson
Construction for the hydraulic cleaning and television inspection of sewers.
ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
See Resolution No. tT,'
See By-law No. 80-7~
No. 215 - City Manager - Re: ~o-operative Fertilizer Tender 1980. The report
recommends that the various mixtures of fertilizer requirements for the City
be purchased from Louth Niagara Orchards, D & R Garden Supply and Plant
Products Co. Ltd.
ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously. .1~
No. 216 - City Manager - Re: Quotations for Plumbing and Electrical Services for
City Owned Buildings. The report recommends acceptance of quotations submitted
by Advance Plumging & Heating and Barnes Electric Limited for the provision of
plumbing and electrical services for City owned buildings.
ORDERED on 'the motion of Alderman Graaskamp, econded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 217 - City Manager - Re: Proposed Regional Sign By-law. The report recomment
that City Council advise the Region that the City is opposed to the proposed
Regional Sign By-law.
Mayor Thomson and Alderman Herrerr provided additional information on the
matter. In response to a question raised by Alderman Puttick, the City Treasurer
advised that the only assessments made are for public advertising display panels
such as bilboards. The assessments have been frozen since 1970, and no assessme~
have been added to the roll unless they exceed $2500 in market value.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Herrerr, that
the report be received and adopted. Carried Unanimously.
No. 218 - City Manager - Re: Building & Development Report for March, 1980. The
report provides current information relative to permit statistics, development
proposals and other noteworthy data arising during the month of March, 1980.
ORDERED on the motion of Alderman Pets, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
No. 219 - City Manager - Re: School Pedestrian Safety - Heximer Avenue School.
The report recommends: 1) That parking be prohibited at all times from the north
and south sides of Dunn Street for 50' on each side of its intersection with
Eeximer Avenue; 2) That a cross-walk be painted on Dunn Street as an extension
to the sidewalk on the west side of Heximer Avenue; and 3) Erection of
school crossing signs for traffic eastbound and westbound on the approach to
this cross-walk.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that
the report be received and adopted.. Carried Unanimously.
No. 220 - City Manager - Re: By-law to Prohibit Parking on Private Property and
City Property. The report recommends passage of a by-law to prohibit the
parking or leaving of motor vehicles on private property and on property owned
or occupied by the Corporation of the City of Niagara Falls or any local board
thereof.
Mayor Thomson advised that the by-law had been prepared as a result of
problems experienced at the new Transit Commission facility on Park Street.
Additional information was provided on this report by Mayor Thomson, the City
Solicitor and the Projects & Services Engineer in response to questions raised
by Alderman Graaskamp.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
See By-law No. 80-77
No. 221- City Manager - Re: New Cutting Unit for Oakes Park. The report
recommends that the Purchasing Agent be authorized to purchase a Torn Ground
Master Model 30766 from Turf Care Products Limited of Markham, Ontario at a
total price of $6303.35.
In response to questions raised by Aldermen Herrerr and Schisler, the
Purchasing Agent advised that local retailers do not handle this type of
equipment at all. Turf Care Products is the Ontario distributor. Even if
the equipment were available locally, the City is purchasing it at the same
price the retail outlet would pay for it from the distributor.
In response to questions raised by Aldermen Dilts and Sobol, th~ Projects
and Services Engineer advised that the machine is only a small part of the
cost, with the operator being the larger cost. Other less expensive equipment
may have the same cutting area, but it cannot cut as close to trees, fences
and baselines. This would require employees to use hand push mowers to cut
around such obstacles. Taking this factor into account, the combined cost
would be greater than the cost of purchasing and operating the recommended unit.
Following further comment, it was moved by Alderman Cummings, seconded by
Alderman Merrett,'that the report be received and adopted. Carried with
Aldermen Dilts, Schisler and Sobol voting contrary and all others voting in
favour.
No. 222 - City Manager - Re: Fencing and Backstops. The report recommends that
the quotation for five baseball backstops and 330' of fencing submitted by Frost
Fence be accepted at the total cost of $7,364.90.
'ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that
the repor~ be received and adopted. Carried Unanimously.
See Resolution No. 32
No. 223 - City Manager -Re: St. Lawrence Avenue Extension. The report recommends
that no further consideration be given to the extension of St. Lawrence Avenue
~_between Park Street and Bridge Street at this time.
The Projects & Services Engineer provided additional information in response
to questions raised by Alderman Puttick. The Alderman felt that this extension
could provide for greater circulation of traffic in the Downtown area, and
suggested that it be referred to the Downtown Board of Management for comment.
ORDERED on the'motion of Alderman Cummings, seconded by Alderman Dilts, that the
report be referred to the Downtown Board of Management for conmen~. Carried
Unanimously.
No. 224 - Alderman C. Cheesman, Finance Committee - Re: "To Help A Child's Heart
Beat". The report recommends that a grant in the amount of $500 be made to the
· subject 1980 fund raising campaign.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No..225'- City Manager - Re: ~unicipal Accounts. The report recommends payment
-8-
Of the municipal accounts.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that
the report be received and adopted. Carried with Aldermen Cununings and Puttick
abstaining on conflicts of interest on Cheques #4827 and #4913 respectively.
No. 226 - City Manager - Re: Registered Property 73-3, Joseph Lillo, Concessioz
5, Part Lot 5 - 12.444 acres, North Side of Sauer& Church. The report
reconunends that the above property be conveyed by the City to the former
owner, subject to the approval of the Ministry of Intergovernmental Affairs.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Wallman, that
the report be received and adopted. Carried Unanimously.
No. 227 - City Manager - Re: Status of Tax Arrears at the end of March. The
report provides information o~ the status of tax arrears at the end of March
1980 as compared to 1979.
Alderman Dilts asked if it had been necessary for the City to borrow
funds as a result of changing to the two interim payment system, and if so,
what interest was being paid on the borrowed monies. The City Treasurer
advised that the interim bill had been split into two payments in the hope
that over the two instalments more taxes would be paid during the same
period of time. On March 31st when the School Boards and the Region were
required to be paid, it was necessary to borrow $4.2 million. $3.2 million
is now owed pending receipt of the second insraiment. The rate of interest
on the monies borrowed was 17~% at a cost of $1500 per day or $47000 per
month to carry the $3.2 million. The City Treasurer further stated that
this cost may be completely offset by the end result of more people paying
their taxes on time by the May insraiment. Alderman Dilts felt that
later in the season the Finance Committee should have a full review of the
status of tax collection.
In response to a question raised by Alderman Marrett, the City Treasurer
stated that during 1979 budget discussions, he had advised Council that one
interim insraiment was needed because the amounts required by the Region
and Boards of Education had to be paid by March 31st. Since some of one
interim payment bills were becoming quite severe, it was felt that by
allowing people to pay two smaller bills, the end result woui1T'mean more
taxes were being paid by May. The only other solution would be to move the
payment dates ahead in the year, and this was done as early as was possible.
Several members of Council felt the matter of two interim bills as
opposed to the one should be reviewed, particularly in-view of the high
interest charges being paid. Alderman.Chessman cautioned Council to wait
until the end of May before any final determination was made, since the
total payments made by the end of May could more than recover the original
outlay. .,~
Alderman Puttick asked if it had been necessary to borrow money in order
to issue retroactive pay cheques to employees. The City Treasurer advised
that if the cheques were issued prior to March 14th amounts to cover the
chequeS had been included in the monies borrowed. If the cheques were issued
after March 31st, it had not been necessary. The City Treasurer stated that
since agreements had been signed with employees, he had proceeded to pay them
as required. Alderman Puttick suggested that since increases were retroactive,
cheques should not be issued if it is necessary to borrow money. Alderman
Chessman agreed that the principle of Alderman Puttfck's suggestion was
sound, but felt this decision should he made by Council.
Following further comment, it was moved by Alderman Chessman, seconded
by Alderman Merrett, that the report be received and filed. Carried ·
Unanimously.
No. 228 - City Manager - Re: 55th Canadian Purchasing Conference, The report
recommends that the Purchasing Agent be authorized to attend the subject
conference to be held in London, Ontario from June 4 - 6, 1980.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
No. 229 - City Manager - Rel Ontario Renews - Action for the tg0ts, Internationa'
Forum on Community Renewal. The report recommends that the Planning Director
and one member of Council be authorized to attend the subject forum to be
held in Toronto from June 9 - 13, 1980.
ORDERED on the motion of Alderman Orr, seconded hy Alderman Cummings~ that
the report be received and adopted. Carried Unanimously.
9
No. 230 - City Clerk - Re: Consent Items.
1) Niagara District Cub Packs - Re: Lighting of "Olympic" torch to open the
cub camp on March 31, 1980.
Recommendation - That permission be granted and a copy of the request be
forwarded to other authorities involved.
2) Regional Municipality of Niagara - Re: Changeover from Winter Operations
to Summer Operations.
Recommendation - For the information of Council.
3) Regional Municipality of Niagara - Re: Portage Bridge over HEPC Canal.
Recommendation - For the information of Council.
4) Ontario Hydro - Re: Notification of Construction Projects.
Recommendation - For the information of Council.
5) Downtown Business Association - Re: Proposed Sidewalk Sale - May 17th and
July 26th, 1980.
Recommendation - That the requests be approved in accordance with the
City's established policies.
6) Downtown Business Association - Re: Proposed Second Annual Arts & Crafts
Show, June 7th, 1980.
Recommendation - That the requests be approved in accordance with the
City's established policies.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
No. 231 - City Manager - Re: Ryerson-Market Park. The report recommends that
Council approve the purchase of 4535 Ellis Street, 4501 Ellis Street and 4535
-33 Simcoe Street.
ORDERED on the'motion of Alderman Merrett, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 28 - GRAASKAMP - FERA - RESOLVED that the unit prices submitted by NorJohn
Construction Limited for the surface treatment of roads, be accepted at the
tendered price of $153,320.60; AND the Seal of the Corporation be hereto
affixed.
Carried Unanimously
No. 29 - CUMMINGS - FERA - RESOLVED that City Council approves the Site Plan
being Drawing No. A-14 and the Final Grading Plan being Drawing No. A-15
prepared by W.A. Cloke, filed with the Building & Development Department of
the City 'of Niagara Falls on April 17, 1980, but this approval is subject
to the conditions that .the owner be required to provide to the satisfaction
'of and at no expense to the Corporation of the City of Niagara Falls, the
following facilities and works shown on the said Site Plan:
1) One access ramp to provide ingress and egress between the property and
Kalar Road which shall be in the location and of the width shown on the
site plan together with the curbings shown on the site plan.
2)
3)
5)
76 off-street vehicular parking spaces and ~he access driveways, all having
the dimensions and being in the locations ~hown on the site plan and which
shall be surfaced with hot-mix asphalt or approvedequivalent together with
all of the curbings shown. on the site plan.
The trees and other landscaping of the types and in the locations designated
on the site plan.
The close-board type fencing of the dimension and in the location shown
on the site plan.
Facilities for the storage of garbage and other waste material within
the building.
6) Such grading or alterations in elevation - as shall be necessary to provide
the elevations shown on the said grading plan, together with all of the
facilities and works for the disposal of storm, surface and waste water
shown on the said grading plan. '
; and that the owner be ~required to maintain to the satisfaction of the
municipality and at the sole risk and expense of the owner all of the
faciliites or works mentioned in paragraphs 1, 2, 3, 4, 5 and 6 above,
including the removal of snow from access ramps and driveways, parking and
loading areas and walkways;.~AND the Seal of the Corporation be hereto
affixed.
Carried Unanimously.
..... 10
No. 30 - GRAASKAMP - FERA - RESOLVED that the unit prices submitted by
Provincial Construction Ltd. for the construction of a sanitary sewer on
Montrose Road, be accepted at the tendered price of $22,371.10; AND the
Seal of the Corporation be hereto affixed.
Carried Unanimous~
No. 31 - GRAASKAMP - FERA - RESOLVED that the following prices submitted by
Bob Robinson Construction for hydraulic sewer cleaning and television
inspection of sewers be accepted:
1) Hydraulic cleaning of sewers and the removal of solids that accumulate
at the manholes during clean operations (Option #2) at $0.22 per metre;
2) Cleaning of culverts at $260.00 per day;
3) Television inspection of sewers at $0.715 per metre;
4) Supply of photographs of problems encountered during television inspection
of sewers at $0.49 each, and
5) Compensation for unnecessary delays at $49.25 per hour;
; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
No. 80-72 - A By-law to provide'for the adoption of an amendment to the Official
Plan of the Niagara Falls Planning Area. (No. 113, Welland Securitie
No. 80-73 - A By-law to authorize an agreement with Phase 4 Developments Ltd.
No. 80-74 - A By-law to authorize the execution of an agreement with NorJohn
Contracting Limited for surface treatment of roads.
No. 80-75 - A By-law to authorize the execution of an agreement with Provincial
Construction (Niagara Falls) Limited for the construction of a
sanitary sewer on Montrose Road.
No. 80-76 - A By-law to authorize the execution of agreements for the hydraulic
cleaning of sewers and culverts and the-television inspection of
sewers.
ORDERED on the motion of
the following by-laws be
No. 80-72 - A By-law to
Plan of the
No. 80-73 - A By-law to
No. 80-74 - A By-law to
Contracting
No. 80-77 - A By-law to prohibit the parking or leaving of m6tor vehicles on
private property and on property owned or occupied by the Corporati0
of the City of Niagara Falls or any local board thereof.
No. 80-78 - A By-law to provide monies for general purposes.
No. 80-79 - A By-law to amend By-law No. 7531, being a by-law to provide for
the erection of stop signs at intersections.
Carried with Aldermen
Cununings and Puttick
abstaining on Chequee
#4827 and 4913 of
By-law 80-78, and all
' others voting in fav~
Alderman Fern, seconded by Alderman Graaskamp, that
now read a second and third time:
provide for the adoption of an amendment to the Official
Niagara Falls Planning Area. (No. 113, Welland Securitle
authorize an agreement with Phase 4 Developments Ltd.
authorize the execution of an agreement with NorJohn
Limited for surface treatment of roads.
No. 80-75 - A By-law to authorize the execution of an agreement with Provincial
Construction (Niagara Falls) Limited for the construction of a
sanitary sewer on Montrose Road.
..... 11
- 11 -
No. 80-76 - A By-law to authorize the execution of agreements for the hydraulic
cleaning of sewers and culverts and the television inspection of
sewers.
No. 80-77 - A By-law to prohibit the parking or leaving of motor vehicles on
private property and on property owned or occupied by the Corporation
of the City of Niagara Falls or any local board thereof.
No. 80-78 - A By-law to provide monies for general purposes.
No. 80-79 - A By-law to amend By-law No. 7531, being a by-law to provide for the
erection of stop signs at intersections.
Carried with Aldermen
Cummings and Puttick
abstaining on Cheques
#4827 and 4913 of
By-law 80-78, and all
others voting in favour.
NEW BUSINESS
PARKING ON ST. MARY'S STREET
Alderman Merrett advised that residents of St. Mary's Street were still
experiencing problems with the parking of cars overnight. Although the Police
have been asked to patrol the area more frequently, large commercial trucks
and cars from the nearby apartment building are still parking overnight. The
residents had suggested that no parking signs be erected. The City Manager
suggested that the matter be dealt with through the Parking Committee and that
area residents could be contacted to get their ideas on the matter. It was
moved by Alderman Merrett, seconded by Alderman Dilts, that the matter be
referred to the Municipal Parking & Traffic Connnittee. Carried Unanimously.
MISENER ROAD BETWEEN CARL ROAD AND BIGGAR ROAD
In response to a question raised by Alderman Schisler, the Director of
Municipal Works advised that an item had been included in the operating budget
for the opening of Misener Road between Carl and Biggar Roads at the request
of people living in the area. The work had not been recommended by staff
and had only been included in the draft budget at the request of the residents.
The City Manager advised that the work had been included in a supplementary
list of projects in the budget, but had been deleted by the Finance Committee.
INTERSECTION OF ELBERTA AVENUE AND SHELDON .STREET
It was moved by Alderman Cheesman, seconded by Alderman Hinsperger, that
staff prepare a report on the advisability of erecting a stop sign on Elberta
Avenue on the approach to Sheldon Street. Carried Unanimously.
PARKING OF CANS ON SHELDON STREET
Alderman Cheesman referred to problems experienced by two residents
on SheldOn Street near the bakery on Drummond Road, with cars parking on the
boulevard constantly. The Alderman stated that the residents would like the
City to install curbs along this section of Sheldon to protect the boulevards
and eliminate improper parking of vehicles. Mayor Thomson advised that there
~ was previous correspondence on this matter and suggested it be supplied to
Council. The Mayor further advised that it had been suggested previously
that the curbs could be installed in front of the properties affected under
the Local Improvement Program, however this had not been pursued by the
residents. It was moved by Alderman Cheesman, seconded by Alderman Cummings,
.that the matter be referred to staff for the preparation of a report. Carried
Unanimously.
PARKING ON DRU~OND ROAD
Alderman Cheesman advised that cars continue to park on Drummond Road
in front of the bakery near Gallinger Street despite the fact parking is
prohibited in this area. Mayor Thomson suggested that the matter be referred
to staff for a report. It was moved by Alderman Chessman, seconded by
Alderman Cun~ningss that the matter be referred to staff for the preparation
nf a report. Carried Unanimously.
- 12 -
PROPERTY STANDARDS
SEVENTEENTH MEETING
Alderman Dilts advised that he had received numerous calls from
residents about the condition of various properties in the City. Alderman
Dilts advised that City staff at all levels have been trying to resolve
such complaints and suggested that the Building & Development Co-ordinator
be requested to submit a list of properties for which complaints have
been received and the action taken to date to eliminate the problems. It
was moved by Alderman Dilts, seconded by Alderman Merrett, that the matter
be referred to the Building & Development Co-ordinator for a report.
Carried Unanimously.
BY-LAW ENFORCEMENT
Council Chambers
April 28, 1980
SPECIAL MEETING
Council met on Monday, April 28, 1980 following a meeting of the General
Committee. All members of Council were present with the exception of Alderman
Fera, who had retired earlier from the General Committee session. His Worship,
Mayor Thomson presided as Chairman.
WILLOUGHBY DRIVE - CURVE NORTH OF GUNNING DRIVE
Alderman Fera raised a number of complaints regarding the enforcement
of parking by-laws, particularly in the business areas, by the Canadian
Corps of Commissionaires. The Alderman outlined several instances where
he felt. By-law Enforcement Officers had not acted in the best interests of
the City. Several members of Council commented on by-law enforcement in
the City. Following a brief discussion, it was suggested by Mayor Thomson
that the Projects & Services Engineer and Sergeant-Major Trotter of the
Commissionaires be requested to attend a Council meeting. It was moved
by Alderman Fera, seconded by Alderman Merrett, that the matter be referred
to a future General Committee meeting for discussion. Carried Unanimously.
LIQUOR LICENCE APPLICATIONS
Alderman Graaskamp referred to notices sent to Council on pending
applications for liquor licences and expressed his concern over the great
number of licences being issued, particularly for fast food outlets. The
Alderman felt Council should advise the L.L.B.O. that it is not in favour
of licences being granted to such establishments particularly near schools.
Alderman Cheesman agreed that if liquor licences were granted to such
restaurants, they would cease to be family oriented. Mayor Thomson suggested
the City Clerk be requested to contact the L.L.B.O. regarding their licensing
procedure. It was moved by Alderman Graaskamp, seconded by Alderman Fera
that Council's concern be expressed to the Liquor Licence Boal~d'of Ontario
about the number of liquor licences being granted to such establishments,
and that the Board be requested to comment thereon. Carried Unanimously.
NEW BUSINESS ITEMS
Alderman Puttick suggested that agendas be revised so that new business
items would appear immediately following unfinished business. The Alderman
felt that too much time was spent on items that could be handled through
correspondence or telephone calls and stated that he felt sorry for the staff
people who had to sit through discussions on such matters.
It was moved by Alderman Cheesman, seconded by Alderman Dilts, that the
meeting adJOurn. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
It was moved by Alderman Sobol, seconded by Alderman Hinsperger, that
overhead flashing lights be installed on Willoughby Drive in order to warn
,l~.,~a~,~ ---~.~.~,~,~14~,*~ Gunning Drive and to reduce speed;
and further that the Niagara Regional Police be requested to step up their
patrols in this area in order to ensure the speed limits are enforced.
Carried Unanimously.
PARKING AND TRAFFIC STUDY
Report No. 232 - Mayor Wayne Thomson - The report recommends approval of the
Terms of Reference for Study and the list of consultants who will be requested
to submit proposals on a parking and traffic strategy for the tourist commercial
sectors of the City.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
PARK & BOARD OF EDUCATION ATHLETIC FIELD RESERVATIONS
Report No. 233 - Recreation Commission - The report recommends approval of the
Special Events and regular schedules of park and athletic fields.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
REPORTS OF THE FINANCE COMMITTEE
Report No. 234 - Alderman Cheesman, Chairman - Re: Request for Grant, Penny
Farthing Players. The report recommends that $2500 be added to the Recreation
Department budget subject to review by the Recreation Commission and a report
back prior to any funds being issued.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that
the Recreation Commission budget be increased by $1300 in order to allow the
Commission to consider the program request from the Penny-Farthing Players in
the same manner that other Recreation requests are considered. Carried
Unanimously.
Report No. 235 - Alderman Chessman, Chairman - Re: Lawn Bowling. The report
recommends that the City enter into a lease agreement with the Niagara Falls
Badminton Club for $10,000 a year to be operated by the Niagara Falls Lawn
Bowling ASsociation, subject to membership fees being consistent with other
clubs in the area.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
'-Report No. 236 - Alderman Cheesman, Chairman - Re: 1980 Conferences and
Workshops. The report recommends that Council approve the summary of
conferences and workshops for attendance by Council, committee and staff
members for 1980.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that
the report be received and adopted with the amendment that all conferences
involving the attendance of members of Council be the subject of a report
submitted in advance to Council so that a specific member (or members) can
be designated to attend. The motion Carried with Alderman Schisler voting
contrary.
It was moved by Alderman Cheesman, seconded by Alderman Dilts, that the
meeting adjourn into budget session. Carried Unanimously.
READ AND ADOPTED,
~COL~INSON, CITY CLE~
m
EIGHTEENTH MEETING
Committee Room #1
May 5, 1980
COMMITTEE OF THE WHOLE
Council met on Monday, May 5, 1980 at 6:45 p.m. in Committee of the
Whole. All members of Council were present with the exception of Alderman
Orr. Alderman Wallman presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
READ AND ADOPTED,
~J.LL COLLINSON,J L CITY CLERK~
MAYOR WAYNE THOMSON
Council Chambers
May 5, 1980
Council met on Monday, May 5, 1980 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 Thomson presided as Chairman.
Alderman Sobol offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that
the minutes of the meetings held on April 14th and 21st, 1980, be adopted as
printed. Carried Unanimously.
DEPUTATION
MR. R. BAiLRETT - HUMANE SOCIETY FUNCTION '
Alderman Dilts advised that due to his work, Mr. Barrett would be unable
to attend the meeting and has asked that his apologies be extended to the Council.
The Alderman advised that Mr. Barrett would be in touch with the City in the
near future.
UNFINISHED BUSINESS
APPLICATION FOR LIQUOR LICENCE - FAST FOOD OUT~TS
Report No.: 237 - City Manager - The report recommends that letters received
in opposition to the issuance of liquor licences to fast food outlets, be forwarded
to the Liquor Licence Board of Ontario.
ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Hinsperger,
_~hat the report be received and adopted. Carried Unanimously.
COMMENTS RE: CASINO GAMBLING
Report No. 238 - City Manager - The report recommends that letters received
concerning the granting of licenoes to permit Casino and Monte Carlo nights
be noted and referred to the Social Planning Council as part of the in-depth
study currently being undertaken by that organization, and further that any
comments received in the future on this matter be referred directly to the
Social Planning Council.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Wallman,
that the report be received andadopted. Carried Unanimously.
PROPOSALS FOR REPORT ON MOUNTAIN ROAD SANITARY LANDFILL SITE EXPANSION
Report No, 239 - City Manager - The report recommends that the Director of
Municipal Works be authorized .~o obtain proposals for investigating the
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feasibility of expanding the Sanitary Landfill Site vertically within the
present site and that Golder Associates Limited and Peto MacCall. um be requested
to submit proposals on undertaking the necessary geotechnical investigations
in accordance with the Terms of Reference.
The City Manager requested that a third firm by the name of Dominion
Soils Investigations be permitted to submit a proposal to the City. Alderman
Cummings asked if there were any other local firms capable of doing this type
of work. The Design & Construction Engineer advised that there are local
firms who do geotechnical investigations, but he was not aware if they have
experience in landfill operations.
Alderman Schisler suggested that staff investigate the possibility of
having local firms submit proposals on the work.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that
the report be received and adopted, that the firm of Dominion Soils Investigati~
be permitted to submit a proposal, and further that staff determine if any
local firms are capable of carrying out such an investigation. Carried
Unanimously.
COMMUNICATIONS
No. 73 - Social Planning Council - Re: Monte Carlo and Casino Games. The
communication advises of the terms of reference established to study the
matter of casino and Monte Carlo games, and requests that Council place a
hold on all unapproved requests for such events in order to make the study
more meaningful.
Alderman Cuumings, the Council representative on the Social Planning
Council, advised that he had not been able to attend the first two meetings
of the special committee due to the time they had been held, however he has
been kept fully informed. The Alderman indicated that if Council were to
stop issuing any further permits, it could be considered as taking a certain
position before all the facts were available.
Alderman Merrett expressed concern that there could be a large number
of applications come in once local groups realize Council wilI'~e making a
decision on the future of such events. The Alderman suggested that unless
there have been very few applications, Council should establish a cut-off
date, after which no further licenoes will be issued. The Deputy City Clerk
advised that only two applications have been received.
Alderman Sobol stated that for Council to make a decision on placing
a hold on requests, the Social Planning Council would have to supply a more
thorough explanation for their request.
Following further comment, it was moved by Alderman Fern, seconded by
Alderman Sobol, that the terms of reference as outlined by the Social Planning
Council be accepted, and further that the City continue to process applications
for Monte Carlo and Casino Games. Carried Unanimously.
No. 74 - Herman Damore Builders Limited - Re: Contract G.C. 7-80, Underground
Services in Meadowvale Extension Subdivision. The communication requests that
Council award the tender for the installation of services in the Meadowvale
Extension Subdivision to the second low tendeter, Provincial Construction.
AND
Report No. 240 - City Manager - Re: Contract G.C. 7-80, Sewermain, Watermain
and Base Road Construction in Meadowvale Extension Subdivision. The report
recommends that the unit prices submitted-by Blairick Limited for the subject
contract, be accepted.
Mayor Thomson stated that granting the request would not be a precedent
since Council has taken similar action before. The developer is responsible
for the installation and would also be responsible for the cost.
In response to a question raised by Alderman Sobol, the Deputy City
Solicitor stated that it is open to Council to accept any tender. The
contract documents specify the low tender need not be accepted by Council.
Aiderun Graaskamp stated that since the developer would be paying the
additional cost and not the City, he would be in fayour of the request.
Alderman Schisler indicated that the cost would not be borne by the developer,
but ~he people purchasing the homes in the subdivision, Alderman Schisler
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also felt that if the City was going to advertise tenders, it would have to
be fair in awarding them. The Alderman stated that this was done previously,
and one good contractor had refused to bid on City contracts because he knew
the City would award it to a local contractor.
Alderman Merrett stated that since the developer was paying the additional
cost and since he had to work with the contractor, he could see no reason why
the request should not be granted.
In response to a question raised by Alderman Graaskamp, Mr. Damore stated
that on a contract worth $95,000, $1,200 was such a small difference that he
had not given much thought to how this increase would be applied against the
twenty-six lots in the subdivision. While it might be applied against the cost
of the lots, Mr. Demote pointed out that the fact Provincial Construction was
doing the work would mean the money would be circulating through the City.
Alderman Puttick also pointed out that with a local contractor, the labour
force would be completely local, whereas with an out-of-town contractor, only
a percentage of local labour is required.
In response to a comment made by Alderman Schisler concerning the actual
cost difference, the Design & Construction Engineer stated that in most contracts
there are definite items requiring costs and there are provisional items for
which bid prices are requested in the event these items are required in the
contract. In the case of this particular contract, because of unbalanced
bidding in one part of the contract, the difference in cost was reduced to
$1,200. The Design & Construction Engineer stated that keeping this factor
in mind, the actual difference would be closer to $3,000. The Design and
Construction Engineer further stated that while he was not arguing against
Council, from his point of view he felt staff could not recommend awarding
contractors to other than low tendeters unless there are extenuating circumstances.
Following further comment, it was moved by Alderman Puttick, seconded by
Alderman Graaskamp, that Contract G.C. 7-80 for the installation of underground
services and construction of base roads in the Meadowvale Extension Subdivision,
be awarded to the firm of Provincial Construction (Niagara Falls) Limited.
The motion Carried with the following vote:
AYE: Aldermen Chessman, Cummings, Dilts, Fern, Hinsperger, Graaskamp, Merrett,
Puttick and Wallman.
NAYE: Aldermen Schisler and Sobol.
It was then moved by Alderman Cheesman, seconded by Alderman Fern, that the
report be received and filed. The motion Carried with Aldermen Schisler and Sobol
voting contrary, and all others voting in fayour.
See Resolution No. 32
See By-law No. 80-84
No. 75 - Niagara Falls Hydro - Re: Purchase of Rural Electrical Distribution
System. The communication clarifies comments made at a recent Council meeting
that the present Commission had been able to cut down an expected $1.3 million
land price by $400,000. The communication advises that the reduction in price
was not achieved through the efforts of either J~he previous or present
commissions, and in fact negotiations with Ontario Hydro over price have not
commenced as yet.
Mayor Thomson stated that he had requested this letter in response to
comments made at a recent meeting that the'new Commission had been instrumental
in reducing the purchase price of the rural electrical distribution system.
'_The Mayor advised that it had appeared that he as a member of the Commission
had not been aware of this savings, and he wished the record to be set straight.
ORDERED on the motion of Alderman Ninsperger, seconded by Alderman Merrett, that
the communication be received and filed. Carried Unanimously.
No. 76 - Mr. D. Mackenzie - Re: Marshall Road. The communication expresses
concern that there is little or no warning of the approaching stop signs on
Marshall and Sherk Roads at the Niagara Parkway, and requests that advance
signing be placed on these roads, as well as reflective signs at the ends of
these roads to warn of the River directly ahead.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Ninsperger,
that the communication be referred to staff and the Niagara Parks Commission
for comment as to the remedial action suggested. Carried Unanimously.
REPORTS
MO. 241 - City Manager - Re: Disposal of Surplus Municipal Properties. The
report recommends that Parcel No. 2 (Church's Lane) be sold to Mario Cardamone
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at a price of $15,400.00; That Parcel No. 4 (5 acres Misener Road) be sold to
Pasquale Perotta at a price of $20,500.00; that Parcel No. 5 (Woodbine Avenue)
be sold to C. Finnegan at a price of $9,200.00; and further that the certified
cheques received with the offers be returned to the unsuccessful bidders,
together with a copy of the report.
ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
No. 242 - City Manager - Re: Release of Covenants, Lots 156A and 157A, Plan 285.
The report recommends that Council pass a by-law to authorize the execution of
a quit claim deed to the owners of property known as 5220 Victoria Avenue relea!-~
certain reservations and covenants in favour of the City as set out in deeds
Nos. 6710 and 6712, registered in October, 1902, and that the solicitor for
the applicant be requested to prepare the quit claim deed for approval by the
City Solicitor.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
See By-law No. 80~8!
No. 243 - City Manager - Re: Lot 3, Falls Industrial Park Extension. The
report recommends that Council approve a request for reserve from Supreme
Mechanical Contractors Ltd. on Lot 3, Registered Plan M-67 until June 17,
1980.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 244 - City Manager - Re: Availability of Surplus Waterfront Property,
Former Village of Chippawa. The report recommends that the Ministry of
Government Services be notified that the City of Niagara Falls does not wish
to acquire the subject land and that Ontario Hydro be asked to consider the
purchase of the land for use in conjunction with the adjoining lands owned
by them.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Wallman, that
the report be received and adopted. Carried Unanimously.
No. 245 - City Manager - Re: Lot 25, Falls Industrial Park. The report
recommends that Council authorize an extension to Mr. Vincent'T. Kerrin to
November 1, 1980 for the commencement of construction of a building on
Lot 25 in Registered Plan 243, and that the Legal Department be authorized
to prepare the appropriate documents for the changes required in the
a~reement between the City, Donredo Properties Inc. and Vincent A. Kerrin
and Vincent G. Kerrto.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 246 - City Manager - Re: Rental of Equipment for Weed Control, 1980. The
report recommends that the tender for chemical weed control be awarded to Earl
Mutehie and the tender for mowing weeds be awarded to Mr. Adrian Vander Weyden.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 3
See By-law No. 80-8~
and By-law No. 80-87
No. 247 - City Manager - Re: Protective Clothing Tender - 1980. The report
recommends acceptance of tenders submitted by J.P. Hamill & Son for the supply
of shirt and pant sets, and the tender submitted by Marty's Men's Wear for the
supply of coverails.
The City Manager provided additional Information concerning safety shoes
in response to a question raised by Alderman Sobol. Alderman Cummings noted
that there was only a difference of 12¢ and 15¢ between the low tender submitted
and the tender submitted by a local firm.
ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that
the report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Chessman, Dilts, Fete, Hinsperger, Gradskemp, Merrett, Puttick,
8chisler and Wallman.
NAYE: Aldermen Cummings and Sobol.
See Resolution No. !
No. 248 - City Mana8er - Re: Watermain Installations on Fredrice Street, Hi8h
S~reet'and Fifth Aven~e. The report recommends acceptance of the unit prices
submitted by Blairick Ltd. for the subject contract.
Alderman Merrett noted that one of tenders submitted had been returned
unopened because the firm had not use a white envelope as required. Mayor
Thomson explained that the tendering procedure is very specifically outlined
in the contract documents, and bids must be submitted according to this
procedure.
Several members of Council expressed concern that the tender could have
been the low bid, and that it should have been noticed when the tender was
submitted that one of the envelopes was missing. The Design & Construction
Engineer explained the tendering procedure in detail, and advised that not
all tenders are noticed when they are placed in the tender box which is kept
locked until the official tender opening. It was further advised that if
an informal tender was opened and accepted, those tenderers who had followed
the procedure correctly would have a legitimate complaint. The Design &
Construction Engineer advised that tenders would be watched more closely in
the future.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
No. 249 - City Manager - Re: Municipal Accounts.
of the municipal accounts.
See Resolution No. 35
See By-law No. 80-85
The report recommends payment
The City Manager and City Treasurer provided additional information on
Cheques #5077, #5119, #5143, #5145, #5175, #5201 and #5211 in response to questions
raised by Aldermen Cummings, Graaskamp and Schisler.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the report be received and adopted. The motion Carried with Alderman Puttick
abstaining on Cheques #5038, 5039 and 5040, and all others voting in favour.
No. 250 - City Manager - Re: Vacancy on Board of Museums. The report recommends
that Council appoint two additional members to the Boardof Museums for the City
of Niagara Falls and that the selections be made from the nominations submitted
from the Lundy's Lane Historical Society and the Willoughby Museum Connnittee.
Mr. D. Mackenzie of the Board advised that due to illness and a resignation,
there are actually four vacancies on the Board, and requested that Council
indicate which persons will be appointed for which terms.
The City Clerk provided additional information on the terms of appointment
and membership of the Board in response to a question raised by Alderman Sobol.
The City Clerk advised that if it was the wish of Council to appoint four members,
this can be accommodated under revised legislation.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that
Council consider the appointment of four individuals to the Niagara Falls Board
of Museums. Carried Unanimously.
The City Clerk indicated that he would discuss the appointments with the
Board to determine which persons will be appointed to which terms.
No. 251 -~CityManager - Re: Vacancy on Planning & Development Committee. The
report recommends that Council appoint a person to fill the vacancy on the
Planning & Development Committee created by the resignation of Mr. K. Angle.
It was moved by Alderman Merrett that Mrs. E. Bearss be appointed to the
Planning & Development Committee to fill the vacancy. The motion was not
'seconded.
It was moved by Alderman Fera, seconded by Alderman Graaskamp, that
Mr. G. Bailey be appointed to the Planning & Development Committee to fill
the vacancy.
It was moved by Alderman Cheesman, seconded by Alderman Puttick, that
Mr. D. Mackenzie be appointed to the Planning &Development. Committee to fill
the vacancy.
The motion to appoint Mr. G. Bailey, Cartied with the following vote:
~E: Aldermen Cummings, Dilts, Fera, Hinsperger, Graaskamp, Merrett, Schisler,
Sobol and Wallman.
.~YE: Aldermen Chessman!and Puttick.
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The motion to appoint Mr. D. Mackenzie, was Defeated with the following
vote:
AYE: Aldermen Cheesmau and Puttick.
NAYE: Aldermen Cummings, Diltss Fare, Hinspergers Graaskamp, Herrerr, SchislerI
Sobol and Wallman.
No. 252 - city Clerk - Re: Aldermanic Appointments. The report advises that
Alderman Graaskamp has been asked to fill the vacancies on various boards
and committees caused by the resignation of former Alderman MacBain:
Board of Directors of the United Way, Performance Evaluation Working Group
on the Standards of Performance for the Office of the City Manager, Special
Flooding Committee, Local Architectural Conservation Advisory Committee and
the Planning & Development Committee.
Alderman MacBain advised that he could not accept the appointments to
the United Way and the Performance Evaluation Working Group. Mayor Thomson
advised that the work of the Performance Evaluation Working Group was
nearing completion and that a replacement would not be necessary. With
respect to the United Way, the Mayor suggested that any members of Council
interested in serving on the Board of Directors, contact the City Clerk.
ORDERED on the motion of Alderman Fare, seconded by Alderman Herrerr, that
the report be received and filed. Carried Unanimously.
2)
3)
4)
5)
6)
No. 253 - City Clerk,- Re: Consent Items.
1) Mr. James Sibley - Suggesting that the City's policy with respect to
mandatory retirement of crossing guards at 72 years of age be re-examined
particularly if a provision were included that continuing employment is
subject to a physical examination twice a year.
Recommendation - That the matter be referred to the Personnel Department
for a report.
Ministry of Housing - Requesting proposals for the provision of rental
accommodation in Niagara Falls under the Rent Supplement Programme.
Recommendation - For information purposes only.
Statement of the Minister of Intergovernmental Affairs - Re: Municipal
Term of Office.
Recommendation - For the information of Council.
Commentary of John McFadyen - Re: Rising Interest Rates. "'
Recommendation - For the information of Council.
7)
8)
9)
Regional Municipality of
regarding the complement
Recommendation - For the
Regional Municipality of
Recommendation - For the
Regional Municipality of
Recommendation - For the
Regional Municipality of
Recommendation - For the
Regional Municipality of
Spur Line.
Recommendation - For the
Niagara - Regional action on the City's resolution
of the Regional Board of Commissioners of Police.
information of Council.
Niagara - Water and Sewage Flows for March, 1980.
information of Council.
Niagara - Re: Portage Road Bridge.
information of Council.
Niagara - Re: Temporary Closing of McLeod Road.
information of Council.
Niagara - Re: Abandonment of the Queenston Quarries
information of Council.
i0) Regional Municipality ofNiagara - Re: Mississauga Train Derailment.
Recommendation - Refer to the Municipal Works and Fire Departments for commeni
11) Ministry of Transportation & Communications - Re: Conversion t9 Metric.
Recommendation - Receive and file.
12) Niagara South Board of Education - Re: 1980 Requisitions for School Purposes.
Recommendation - Receive and file.
13) Niagara Resort & Tourist Association - Re: Opposition to Increase in Parking
Meter Rates in the Tourist Area.
Recommendation - Refer to the Parking Committee.
14) Niagara Transit - Re: Delay of Buses at the Thorold Stone Road Crossing.
Recommendation - That officials of CNR be contacted to determine the cause
of the delays.
15) M~nistry of Housing - Re: Appointment of R.W. Rodman to Ministry of Housing/
Municipal Engineers Association Liaison Committee.
Recommendation - For the information of Council.
16) Volunteer Bureau - Re: Community Awareness Month.
Recommendation - That the request be granted.
17) Crawford, Smith & Swallow - Financial Statement of the Hydro-Electric Power
Commission for the year ending December 31, 1979.
Recommendation - Receive and file.
18) Niagara Peninsula Needle Arts Guild - Invitation to Members of Council.
Recommendation - That the invitation be acknowledged and that any interested
members of Council attend.
19) Canadian Mental Health Association - Re: Mental Health Week, May 4 - 10, 1980
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Recommendation - That the request be granted in accordance with City policy.
20) York Ranhover Developments - Re: Traffic Improvements for Queen Victoria Park.
Recommendation - For the information of Council.
21) Jean & Ron Blair and Richard Campbell - Re: Operation of Helicopters.
Recommendation - That the letters be acknowledged and the citizens thanked
for their interest.
22) Town of Nicolet - Urging the Council of that Municipality to remain in
Confederation.
Reconmendation - For the information of Council.
With respect to the letter from Mr. J. Sibley, Mayor Thomson stated that
Mr. Sibley would like Council to consider changing its policy on crossing guards
so that a person over 72 can remain a crossing guard, provided a physical
examination is satisfactory. The Mayor suggested that the matter should be
referred to the Personnel Department for consideration. Alderman Cheesman
cautioned members of Council to remember that there are persons in their
twenties and thirties who have not had a chance to get a job, and decisions
of this nature can make .it= impossible for younger people to join the labour
force.
With respect to the letter from the N.R.T.A. concerning increases in
parking meter rates, Alderman Herrerr advised that the Parking Committee had
not been planning any hidden increases in meter rates. There had been a
discussion on revenues and the comment had been made that the tourist areas
could not support higher fees. The Alderman further advised that representatives
of the tourist areas were asked to determine the feeling of their members on
the matter, and he had been surprised when the reply had been directed to the
Clerk and not the Parking Committee.
Mayor Thomson provided additional information regarding the letter from
Niagara Transit concerning delays at railway crossings, in response to a question
raised by Alderman Puttick.
Alderman Graaskamp indicated that he was opposed to the principle of the
City writing to a community in Quebec to urge that Council to remain in
Confederation. The Alderman felt this was a Provincial responsibility and
that the City should not become involved. Mayor Thomson agreed that this
was a matter involving the Provinces, however he felt that everyone in Canada
was involved regardless of Jurisdiction. The Mayor further stated that the
letter was an expression ofpersonal feelings. to the people of Nicolet.
ORDERED on the motion of Alderman Cunnnings, seconded by Alderman Merrett, that
the report be received and adopted. The motion Carried with Alderman Graaskamp
voting contrary on Item 22, and all others votin~ in favour.
No. 254 - Local Architectural Conservation Advisory Committee - Re: Experience
'80 Programme. The report recommends the hiring of a summer student to
undertake the research work necessary in order to permit the designation of
properties because of their historical or architectural significance.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fete, that
the report be received and adopted. Carried Unanimously.
No. 255 - City Manager - Re: Saks Furniture Ltd., Southwest Corner of Canadian
Drive and Montrose Road. The report advises that an application has been
received for an Official Plan Amendment and Zoning Amendment by Saks Furniture
Ltd. in order to construct a furniture store.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrerr, that
'_~he report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 32 - CEEESMAN - FERA - RESOLVED that the unit prices submitted by
Provincial Construction (Niagara Falls) Limited, be accepted at the tendered
price of $95,162.69; AND the Seal of the Corporation be hereto affixed.
Carried with Aldermen
Schisler and Sobol
voting contrary, and
all others voting in
fayour.
No. 33 - SOBOL - DILTS - RESOLVED that the tender submitted by Earl Murchie
for rental of equipment for weed control, be
of 820.00 per hour for equipment under 150 gallons, $20.00 for equipment over~
150 gallons and $7.00 per hour for a hand sprayer and labour; AND FURTHER
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that the tender submitted by Adrian Vander Weyden for the mowing of weeds
on private lots', be accepted at the tendered prices of $15.00 for a 40 h.p.
tractor with 7' sickle and 9' rotor, $15.00 per hour for a 50 h.p. tractor
with a 7' sickle and 9' rotor, $15.00 per hour for a minimum 55 h.p. tractor
with an 8' rotor and $7.00 per hour for scythe and labour; AND the Seal of
the Corporation be hereto affixed.
Carried Unanimously
No. 34 - FERA - HINSPERGER - RESOLVED that the tender submitted by J.P. Hamill
and Son for the supply of shirt and pant sets at the total price of $16.98 be
accepted;'AND FURTHER that the price of $15.91 per pair of coverails submitted
by Marty's Men's Wear be accepted; AND the Seal of the Corporation be hereto
affixed.
Carried with Aldeme:
Cununings and Sobol ~
contrary, and all off
voting in favour.
No. 35 - SCHISLER - CUMMINGS - RESOLVED that the unit prices submitted by Blairk
Ltd. for the installation of watermains on Fredrica Street, High Street and
Fifth Avenue, be accepted at the tendered price of $85,869.60; AND the Seal
of the Corporation be'hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
No. 80-80 - A By-law to authorize the execution of a quit claim deed to 258796
Investments Limited.
No. 80-81 - A By-law to close portions of Queen Street, Ontario Avenue, Crysler
Avenue and Buckley Avenue to 'vehicular traffic on a temporary basis.
No. 80-82 - A By-law to close portions of Queen Street to vehicu"'lar traffic one
temporary basis.
No. 80-83 - A By-law to authorize the acquisition of land for the purpose of a
storm drainage channel. ("Conrail Drainage Channel")
No. 80-84 -
A By-law to authorize the execution of an agreement with Provincial
Construction (Niagara Falls) Limited for the construction of
underground services in Meadowale Extension Subdivision.
No. 80-85 - A By-law to authorize the execution of an agreement with Blairick
Limited for the installation of watermains.
No. 80-86 - A By-law to authorize the execution of an agreement with Adrian · Vander Weyden for mowing weeds on private lots.
No. 80-87 - A By-law to authorize the execution of an agreement with Earl Murchi
for chemical weed control.
No. 80-88 - A By-law to provide monies for general purposes.
Carried with Alderma
Schisler and 8obol
voting cohtrary on
By-law 80-84, Alderm
Puttick 'abstaining e
Cheques #5038, 5039
5040 of By-law 80-88
and all others votin
in fayour.
ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the
following by-laws be now read a second and third time:
No. 80-80 - A By-law to authorize the execution of a quit claim deed to 258796
Investments Limited.
No. 80-81 - A By-law to close portions of Queen Street, Ontario Avenue, Crysler
Avenue and Buckley Avenue to vehicular traffic on a temporary basis.
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No. 80-82 - A By-law to close portions of Queen Street to vehicular traffic
on a temporary basis.
No. 80-83 - A By-law to authorize the acquisition of lend for the purpose of a
storm drainage channel. ("Conrail Drainage Channel")
No. 80-84 - A By-law to authorize the execution of an agreement with Provincial
Construction (Niagara Falls) Limited for the construction of
underground services in Meadowvale Extension Subdivision.
No. 80-85 - A By-law to authorize the execution of an agreement with Blairick
Limited for the installation of watermains.
No. 80-86 --A By-law to authorize the execution of an agreement with Adrian
Vander Weyden for mowing weeds on private lots.
No. 80-87 - A By-law to authorize the execution of an agreement with Earl Murchie
for chemical weed control.
No. 80-88 - A By-law to provide'monies for general purposes.
Carried with Aldermen
Schisler and Sobol
voting contrary on
By-law 80-84, Alderman
Puttick abstaining on
Cheques #5038, 5039 and
5040 of By-law 80-88,
and all others voting
in favour.
NEW BUSINESS
MESSAGE OF THANKS
Mayor Thomson advised that he had received a letter of thanks from
Mayor Michael O'Laughlin of Niagara Falls, New York, thanking the Council
for finally bringing an end to the helicopter noise complaints after many
years.
APOLOGY TO ALDERMAN FERA
Mayor Thomson referred to a discussion held during the last General
Connnittee session on by-law enforcement in the City, during which a dispute
had arisen between Alderman Fera and Sergeant-Major S. Trotter of the
Canadian Corps of Connnissionaires. The Mayor advised that the dispute had
been investigated, and Mr. Trotter now wished to apologize to Alderman Fera
for any embarrassment or inconvenience caused by the incident. Alderman
Fera accepted the apology and hoped that such incidents would not re-occur
in the future. It was moved by Alderman Herrerr, seconded by Alderman
Hinsperger, that the letter of apology be received and filed. Carried
Unanimously.
CLEAN-UP tN THE CLIFTON HILL/CENTRE STREET AREA
Alderman Herrerr advised that he had received calls from businesses in
-.the Centre Street/Clifton Hill area complaining over the lack of City crews
available on the weekend for clean-up following the Blossom Festival activities.
Mayor Thomson agreed that the area had been badly littered and litter containers
had been overflowing. Alderman Grasskemp suggested that the City Manager
should investigate the possibility of providing additional litter baskets in
the area. It was moved by Alderman Herrerr, seconded by Alderman Grasskemp,
that the matter be-referred to staff for the preparation of a report. Carried
Unanimously.
PARKING ON SODOH ROAD
It was moved by Alderman Hinsperger, seconded by Alderman Wallman, that
the Regional Municipality of Niagara be requested to consider the prohibition
of parking on both sides of Sodom Road in the vicinity of the Niagara South
Recreation complex on the east side and the restaurant on the west side.
Carried.Vpanimousl,v.
FOUR-WAY STOP ON ST. LAWRENCE AVENUE AT SIMCOE STREET
It was moved by Alderman Fera, seconded by Alderman Cheesman, that
..... 10
staff review the feasibility of installing a four-way stop on St. Lawrence
Avenue at its intersection with Simcoe Street. Carried Unanimously.
It was moved by Alderman Merrett, seconded by Alderman Hinsperger,
the meeting adjourn. Carried Unanimously.
that
INTERSECTION OF MAIN AND FERRY STREETS
Alderman Cheesman noted that many cars travelling through the intersection
of Main and Ferry Streets, have a tendency to run against the red light. The
Alderman felt that there should be some sort of sequencing of the lights, i.e.
advanced and delayed green lights, in order to discourage this dangerous
practice. It was also suggested that until some changes can be made in the
traffic signal system at the intersection, the Regional Police should be
requested to give special attention to the area and issue tickets if necessary
for drivers running the red light. It was moved by Alderman Chessman,
seconded by Alderman Hinsperger, that the Niagara Regional Police be asked
to observe traffic at the intersection of Main and Ferry Streets, and ensure
all drivers obey the traffic signals. Carried Unanimously.
WILLOUGHBY DRIVE LIGHTS
Mayor Thomson provided additional information regarding the installation
of warning lights and police enforcement of speed limits on Willoughby Drive
in response to a question raised by Alderman Schisler.
INTERSECTION OF KITCHENER STREET AND MACDONALD AVENUE
Alderman Puttick referred to a discussion held by Council previously
regarding the intersection of Kitchener Street and MAcDonald, and the
possibility of having a four-way stop at the intersection. The Alderman
indicated that he was still receiving complaints from area residents on
this intersection, and suggested that the previous report on this matter
be supplied to Council to consider in conjunction with the report on the
intersection of St. Lawrence Avenue and Simcoe Street.
VANDALISM AT FIREMEN'S PARK
Alderman Cummings advised that Firemen's Park which is a ~Lor recreational
facility provided for the use of people in the City, has become the victim of
repeated acts of vandalism. The Alderman indicated that it has become impossible
to keep picnic tables in the park for use of visitors because vandals destroy
them as fast as they are placed at the Park. Fireplaces have also been destroyed
and broken bottles left through~ut the Park. Alderman Cummings also advised
that wild parties have been held at the Park, as recently as the weekend. Since
this park was developed for the citizens of Niagara Falls, Alderman Cummings
stated the majority of residents will suffer as a result of the constant vandalis:
The Alderman asked that the Regional Police be asked if something could be done
to discourage vandalism at Firemen's Park. ~'
SIIMMARy .OF BUDGET DISCUSSION
It was moved by Alderman Cheesman, seconded by Alderman Fern, that an
amount of $35.,000 be included in the 1980 Operating Budget for immediate
improvements at the Niagara Falls Arena, and the hiring of a Program Promotion
Co-ordinator, who would be responsible for programming and promotion of all
arenas, pools and recreation facilities in the City. -Carried Unanimously.
It was moved by Alderman Cheesman, seconded by Alderman Fera, that the ·
amount of $200,000 held in reserve for servicing of the proposed Regional
Headquarters Site, be deleted as an expenditure and included as revenue in
the 1989 Operating Budget. Carried Unanimously.
It was moved by Alderman Herrerr, seconded by Alderman Fera, that the
Finance Conunittee in conjunction with staff, prepare a five year forecast of
operating costs, expenditures and revenues, to be considered prior to
discussion of the 1981 operating budget. Carried Unanimously.
It was then moved by Alderman Cheesman, seconded by Alderman Hinsperger,
that the 1980 Operating Budget, as amended, be adopted, The motion Carried
with Alderman Schtsler voting contrary, and all others voting in fayour.
READ AND ADOPTED,
COL~INSON, CITY CLERF'J L
MAYOR WAYNE THOMSON
Committee Room #1
May 12, 1980
COMMITTEE OF THE WHOLE
Council met on Monday, May 12, 1980 at 6:00 p.m. in Committee of the
Whole. All members of Council were present with the exception of Aldermen
Fera and Orr. Alderman Cheesman presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
Council Chambers
May 12, 1980
Council met on Monday, MAy 12, 1980 at 7:30 p.m. prior to a meeting of
the General Committee. All members of Council were present with the exception
of Aldermen Fera and Orr. His Worship, Mayor Thomson presided as Chairman.
MAyor Thomson and the Council offered a silent prayer for the recovery of
Mr. Ralph Racine, a local boxer who was injured seriously in a recent boxing
competition in Montreal.
PRESENTATION OF RETIRE~fiENT WATCH AND 25 YEAR PLAQUE
His Worship, ~yor Thomson presented a retirement watch to Mr. E. Marcotte
an employee of the Water Distribution section of the Municipal Works Department
who retired at the end of April after almost thirty-one years of service with
the Municipality. Also presented was a 25-Year Service Plaque to Mr. L. Sargeson
of the City Streets Department who completed twenty-five years of service with
the MuniCipality on April 13, 1980.
STANDARDS OF PERFORMANCE, OFFICE OF THE CITY MANAGER
Report No. 256 - Alderman W.A. Hinsperger - The report of the Performance
Evaluation Working Group unanimously recommends that the letter of resignation
from City Manager S.R. Price dated May 15, 1979 with an effective date of
MAy 15, 1980 be torn up and Mr. Price be given a complete vote of confidence
by the Council. ~"
Alderman Hinsperger further recommended that the Working Group continue
in operation until November, at which time the Council should reconunend to the
'1981-82 Council that the Oroup's work continue on with a review of the by-law
respecting the duties and responsibilities of the City MAnager, with a view
to updating the by-law to meet with the current situation.
Mayor Thomson commaented that the guidelines for the City Manager are now
in place regardless of what Council or City Manager is involved with the running
of the City. The Mayor noted that these guidelines would provide direction
for all involved in the future. The Mayor complimented Alderman Hinsperger
and the Working Group for the excellent Job done and the time spent in
evaluating the guidelines.
Alderman Graaskamp indicated that he was looking forward to working with
the City Manager in the future. The Alderman also suggested that if Council
had been more watchful, the matter of the ferris wheel-could have been prevented
from reaching the proportions it had. Mayor Thomson felt that Alderman Graaskamp
could not be aware of all the details involved in the original discussions to
be expressing such an opinion.
Alderman Puttick felt that if one was going to criticize the report of
the Working Group, that person would have to come in with something better than
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what had been presented. The Alderman felt that the City Manager had presented
a reasonable operating budget, liaison had improved, and things were generally
on the right track. Alderman Puttick also referred to-s suggestion made that
the appointment of a City Manager be made on a contract basis, however he felt
that in the City's case this would not apply.
Mayor Thomson and Alderman Hinsperger tore up the letter of resignation
submitted by the City Manager in 1979. The City Manager thanked for Council
for its renewed confidence in him, and commented that the better liaison
enjoyed recently will continue in the future. The City Manager also commended
the staff and employees of the City and hoped that both staff and the Council
would continue to work as a team together in the future.
It was moved by Alderman Hinsperger, seconded by Alderman Merrett, that
the report be received and adopted, and further that Council authorize the
Working Group to continue in operation until November of this year, following
which the Council recommend to the 1981-82 Council that the Group continue
to work on a review of the by-law regarding the position of City Manager,
with a view to updating it to meet the current situation. Carried Unanimously.
No. 257 - City Manager - Re: Ontario Renews - Action for the '80's, International
Forum on Community Renewal. The report recommends that Council designate one
member to attend the subject forum.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that
Alderman Grasskemp be authorized to attend the subject forum. Carried Unanimousl
No. 258 - City Manager - Re: Temporary Railway Crossing at Bender Hill. The
report recommends that York Harmover Developments Ltd. be requested to erect
and maintain substantial barricades or gates on both sides of the Conrail
crossing at Bender Hill.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
RESOLUTION
No. 36 - SCHISLER - SOBOL - RESOLVED that the Weed Inspector of the City of
Niagara Falls be directed to cause noxious weeds or weed seeds~ any
subdivided portion of the Municipality and lots not exceeding ten acres,
whether or not the lots are part of a plan of subdivision, to be destroyed
in the manner prescribed in the regulations made under The Weed Control
Act; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
Communication No. 77 - Lanmer Consultants (1978) Ltd. - Re: Soil Investigation
at Sanitary Landfill Site. The communication r~quests that the City permit the
firm of Lanmer Consultants (1978) Ltd. to be placed on the list of consultants
who will present proposals.
Mayor Thomson provided additional information on the request, and
indicated that if the fimmwae not qualified to carry out the work, the City
was not obligated to accept its proposal.
ORDERED on the motion of Alderman Schieler, seconded by Alderman Graaekamp,
that the firm of Lanmer Consultants (1978) Ltd. be permitted to submit a
proposal on soil investigations at the Sanitary Landfill Site. Carried Unanimous
Report No. 259 - City Manager - Re: Easement Required for Sanitary Sewer on
Montrose Road, Contract S.S. 5-80 (Crema Property). The report recommends that
Council authorize the payment of $1,000 for the required easement from Montrose
Motor Inn and that the City Solicitor be authorized to prepare the necessary
easement agreements.
The Director of Municipal Works provided additional information.in response
to several questions raised by Alderman gchislar.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the report be received and adopted. The motion Carried with Alderman
Schisler voting contrary, and all others voting in fayour.
CASINO C~.MBLING -
Nr, R, Cowan of the Niagara Falls Kinsmen Club, requested that the time
limit established by the Social Planning Council for submissions on the popular
Lee Vegas and Monte Carlo nights, be extended to allow additional submissions
to be made. Both Aldermort Marrett and Puttick could see no reason why the
deadline could not be extended, and felt this extension would provide full
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opportunity for all interested parties to make submissions. Alderman Puttick
also commented that Council should have all the facts available before making
a decision.
Alderman Cummings indicated that the special committee established by the
Social Planning Council had good representation from the various groups and
organizations in the City, and was reviewing all aspects of the matter. The
Alderman also indicated that the Committee has agreed to accept further
submissions even though the deadline date has passed. Alderman Cummings felt
that extending the deadline into June could delay the recommendations of the
Committee to Council. It was also explained that the Committee would be
holding a series of meetings every Thursday for six to eight weeks, to which
various speakers would comment on casino gambling.
Mr. Cowan explained that the problem with some of the service clubs in
meeting the original deadline, was that the groups only meet once a month, and
the meeting dates did not fall early enough to discuss the matter.
Mayor Thomson suggested that Council recommend to the Social Planning
Council that the deadline date be extended to June 15th to allow sufficient
times for all interested persons to submit comments.
Following further comment, it was moved by Alderman Merrett, seconded by
Alderman Puttick, that the Social Planning Council be requested to extend the
deadline for comments on casino gambling until June 15, 1980. Carried
Unanimously.
BOULEVARDS ON SHELDON STREET
Mayor Thomson referred to a recent complaint from residents of Sheldon
Street regarding the constant parking of cars on the boulevards directly in
front of their homes. The Mayor indicated that the area does not have curbs
and because of the traffic generated by a local bakery, the residents cannot
keep the cars off the boulevards. Mayor Thomson indicated that he had met
with the residents in question and the Design & Construction Engineer, and
it has been determined that curbs could be installed using a method of payment
similar to local improvements. The residents have agreed to pay the usual
$4.00 per foot frontage for curbs which will be constructed by the City.
In response to a question raised by Alderman Merrett, the Director of
Municipal Works stated that the cost would be approximately $800 - $1,000, and
there were available funds in the budget to carry out the work, which is subject
to the usual subsidy.
It was moved by Alderman Merrett, seconded by Alderman Cheesman, that
curbs be installed on the section of Sheldon Street in question, with the
residents involved contributing toward the cost of the work at the rate of
$4.00 per ft. of frontage. Carried Unanimously.
RESIGNATION OF ALDEILMANH. WALLMAN
Communication No. 78 - Alderman H. Wallman - The resignation of Alderman H. Wallman,
effective May 13,'1980, was presented t9 City Council.
Mayor Thomson expressed hie disappointment that Alderman Wallman would be
leaving the City and indicated that he would be missed not only by the Council
-and staff, but by the citizens of the Willoughby area. The Mayor praised
Alderman Wallman for his quite and effective representation of this area of
the City. Mayor Thomson.also expressed his best wishes to the Alderman in his
new venture.
Alderman Wallman thanked the Mayor for his conunents, and indicated that
while he had tried to do his best for the people in Willoughby, there were
things that remain undone. The Alderman asked that Council keep these items
in mind, and wished the Council best in the coming year.
It was moved by Alderman Craaskamp, seconded by Alderman Sobol, that
., the resignation be accepted with regret and thanks for Alderman Wallman's past
services. Carried Unanimously.
It was moved by Alderman Cheesman, seconded by Alderman Cummings, that
the meeting adjourn to General Committee session. Carried Unanimously.
READ AND ADOPTED,
J~.~."COL~INSON, CITY CLE~
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Council Chambers
May 12, 1980
Council reconvened in formal session on Monday, May 12, 1980, following
a meeting of the General Committee. All members of Council were present with
the exception of Aldermen Fera and Orr. His Worship, Mayor Thomson presided
as Chairman.
'VEHICLES USED FOR CITY BUSINESS
Report No. 260 - City Manager - The report provides information on the
desirability of using daily mileage sheets and the need for taking home
City vehicles.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that the report be received and filed, and further that a special committee
be established to study the possibility of car-pooling of City vehicles.
Carried Unanimously. Aldermen Dilts, Merrett and Puttick will serve on
the committee.
USE OF PRIVATE VEHICLES FOR CITY BUSINESS
Report No. 261 - City Manager - The report recommends that mileage allowances
paid for the use of privately-owned automobiles be increased by approximately
25~ effective May 1, 1980; that mileage rates for non-union personnel driving
personal vehicles on City business but not in receipt of a monthly allowance
be set at 16¢ per km or 27¢ per mile effective May 1, 1980; and that mileage
rates for non-union personnel driving personal vehicles on City business and
receiving a monthly allowance be set at .09¢ per km or 15¢ per mile for driving
beyond the boundaries of the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Rinsperger, that
the report be received and adopted, and further that the allowances paid to
Mayor Thomson and the City Manager, also be increased by 25%, effective May 1,
1980. Carried Unanimously.
PARKING OF BUSES - MAPLE LEAF VILLAGE
It was moved by Alderman Herrerr, seconded by Alderman Hinsperger, that
staff in conjunction with the Municipal Parking & Traffic Committee, prepare
a report on the possible establishment of bus parking areas in front of
Maple Leaf Village on Falls Avenue. Carried Unanimously.
WOODS GORDON NIAGARA ECONOMIC DEVELOPMENT STUDY
It was moved by Alderman Merrett, seconded by Alderman Hinsperger, that
Council endorse the brief prepared by the Niagara Falls Business & Industrial
Growth Agency Inc. regarding the Woods Gordon Niagara Economic Development
Study, and further that a copy of the brief be forwarded to the Regional
Municipality of Niagara. Carried Unanimously.
LITTERED PROPERTIES BETWEEN BRIDGE STREET AND C,N.R, LINE
{INSON, I 'CAEf ' '
R WAYNE HOMSON
COMMITTEE OF THE WHOLE
Committee Room #1
May 12, 1980
Council met on Monday, May 12, 1980 following a special meeting. All
members of Council were present with the exception of Aldermen Fera and Orr.
Alderman Chessman presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting. ,s,&~.a,
SOPTED,
MAYOR WAYNE THOMSON
Council Chambers
May 12, 1980
Council reconvened in formal session on Monday, May 12, 1980, following
a meeting in Committee of the Whole. All members of Council were present with
the exception of Aldermen Fera and Orr. His Worship, Mayor Thomson presided
as Chairman.
The meeting adjourned.
READ AND ADOPTED,
'C6LLINS~N: ~I~'CiE~'
MAYOR WAYNE THOMSON
It was moved by Alderman Merrett, seconded by Alderman Hinsperger, that
City staff contact officials of C.N.R. to request that efforts be made to
clean up the area and improve the appearance of this part of the City.
Carried Unanimously.
It was moved by Alderman Ninsperger, seconded by Alderman Cummings, that
the meeting adjourn to Committee of the Whole. Carried Unanimously.
TWENTIETH MEETING
Committee Room #1
May 20, 1980
COMMITTEE OF THE WHOLE
Council met on Tuesday, May 20, 1980 at 7:00 p.m. in Committee of the
Whole. All members of Council were present. Alderman Cummings presided as
Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
REGULAR
Council Chambers
May 20, 1980
Council met on Tuesday, May 20, 1980 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present. His Worship,
Mayor Thomson presided as Chairman. Alderman Chessman offered the Opening
Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger,
that the minutes of the meetings held on April 28th and May 5th, 1980, be
adopted as printed. Carried Unanimously.
DEPUTATIONS
MR. GEORGE ANSELL - BUSINESS TAX ON FORMER MINI-MART ON FERGUSON STREET
Mr. George Ansell, was granted permission to address City Council on the
motion of Alderman Hinsperger, seconded by Alderman Cummings. Mr. Artsell
speaking on behalf of his son-in-law, stated that the business had opened in
September of 1977 and the profits had successfully covered all living and business
expenses. Shortly after the business opened, construction on Ferguson Street
began. Since that time, the business suffered ~o such an extent that the owner
and his wife found it necessary to work outside the business to meet expenses,
and eventually had to close the business. Mr. Ansell further stated that
he had contacted Alderman Puttick and Mayor Thomson, as well as Mr. C. Amadlo
and after five months, some improvements were made to the road.
The Director of Municipal.Works informed the Council that construction on
.Ferguson Street was started at the beginning of January 1979, under the
Neighbourhood Improvement Program, and involved replacement of sanitary sewers
and the street itself. The firm of Demote Bros. Ltd. was awarded the contract,
and subsequently encountered poor soil conditions during its investigations.
The contractor requested that the City agree to an alternate proposal which
would involve the installation of a plastic liner inside the existing sanitary
sewer as opposed to replacing the existing pipe by open cut. The Director of
Municipal Works further explained that the City had agreed to this alternate
method of construction, subject to a second smaller sanitary sewer being
installed parallel to the existing pipe. It was agreed that the road conditions
during construction had been quite had, and were delayed because of winter
weather conditions. The Director of Municipal Works stated that at the present
time, only asphalt surfacing and sodding were yet to be completed.
Alderman Graaskamp questioned the policy of the City when a business is
disturbed during construction and learned that there has been no policy in the
past regarding this, and that ~ temporary access would have been costly to the
City.
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The City Clerk advised the Council that in response to an application,
the Assessment Review Court had recently decided against any refund, cancellatic:
or rebate of taxes on the subject business. It was suggested that Mr. Ansell
might wish to apply to the County Judge for a hearing on this matter in order
to appeal the case. Alderman Cheesman advised Mr. Artsell that Council was not
in a position to make a decision since this must be handled through the Court.
It was further stated that although Council was in sympathy with Mr. Ansell's
son-in-law in this situation, the Assessment Act outlines the procedures which
must be followed. The business tax has not been paid to date, and although
Mr. Artsell is appealing to Council that it not be paid, it was generally agreed
that Council was unable to comply with the request. Mr. Ansell suggested that
perhaps he should sue the City.
Mayor Thomson suggested to Mr. Ansell that he contact the City Clerk in
order to discuss the procedure to be followed in appealing the decision of the
Assessment Review Court to the County Judge.
PRESENTATION
Alderman Cheesman presented to the Mayor a plaque received by him as a
representative of the City at the 1st Bn. Argyll & Sutherland Highlanders of
Canada (P.L.), Hamilton Branch, dinner on May 17th, 1980.
UNFINISHED BUSINESS
1980 CURRENT OPEARTING BUDGET
Report No. 262 - City Manager - The report recommends passage of by-laws to
provide for the appropriations, fixing of the rates, levying and collection of
taxes for the year 1980.
Mayor Thomson advised that the budget would have to be withdrawn from
the agenda at this time due to chang@s in the Regional levy. It was further
advised that the budget would be presented at the next meeting for final
approval.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Cheesman, that
the report be deferred to the next meeting of Council. Carrie~'Dnanimously.
INTERSECTION OF ONTARIO AVENUE AND HURON STREET
Report No. 263 - Municipal Par~ing & Traffic Committee - The report recommends
that parking be prohibited at all times from the easterly side of Ontario Avenue
from Huron Street 60' southerly, and that overhead flashing lights be erected
to supplement the existing stop signs.
ORDERED on the motion of Alderman Herrerr, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously. *
BUCKLEY AVENUE - CITY LAND ASSEMBLY
Report No. 264 - City Manager - The report recommends that Mrs. E. Culp be
informed the. City does not wish to sell back the property known as 4757 Simcoe
Street.
During the discussion on the report, Mayor Thomson explained to Council
that Mrs. Culp had thought she would be put out of the house, but it appears
that it may be some time before she is asked to vacate the premises, that she
would be given three months advance notice, and such action would not be taken
unless absolutely necessary.
.ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinspergers
that the report be received and adopted. Carried Unanimously.
SCHOOL CROSSING GUARDS
Report No. 265 - City Manager - The report recommends that no change be
made in the present policy regarding the retirement of school crossing guards
as approved by Council on August 23, 1971.
In reply to a query the City Nanager informed Council that Hamilton has
an employment policy similar to Niagara Fallss but requires a medical once or
twice a year after age 70. Alderman Hinsperger expressed concern that elderly
people are allowed to drive cars as long as they can pass a medical, and refertee
to recent movements against forced retirement.
It was agreed that the persons concerned are aware of their own capabilitia
It was further agreed that the expense of the medicals should be met by the
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employee and the medical criteria should be formally set out by the local
physician performing medical examinations for the City. The amendment to the
policy would make it mandatory for an employee from the approximate age of 70
to have a medical examination twice a year.
Alderman Cheesman expressed some concern that employees in other departments
of the City might also wish to be accommodated in the same manner and requests of
this nature might possibly be made in future negotiations. Aldermen Hinsperger
and Merrett felt that since other City employees were covered under collective
agreements providing for retirement, the proposed amendment would not affect
them. Alderman Sobol voiced an opinion on a relativity basis regarding age and
health.
Alderman Puttick agreed that people should be allowed to work if they so
desired. Aldermen Cummings and Dilts agreed that a study should include input
from various concerned organizations, and it was generally felt that responsibility
to the children of the City should be considered.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Graaskamp, that
the matter be referred back to staff for further amendments to the policy. Carried
Unanimously.
INVESTIGATION OF 1979 FLOODING
Report No. 266A - Flooding Committee - The report recommends that Council
approve a by-law authorizing an agreement with Paul Theil Associates Limited
to investigate flooding at a cost not to exceed $35,000; the Mayor and Clerk
authorized to sign the engineering agreement; the consultant's fees to be
charged to funds approved in the 1980 Operating Budget; and further that no
funds be spent from the 1980 Capital Budget for Sophia Street and Gunning Drive
sanitary sewers until the investigation has been reviewed by Council.
Alderman Dilts recommended the competency of Paul Thiel Associates, advising
of the firm's success record in handling problems in North York. Alderman
Hinsperger agreed with this evaluation citing a large financial saving for the
City by the use of the computer simulation technique.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Fare, that
the report be received and adopted. Carried Unanimously.
See By-law No. 80-92
COI~4UNICATIONS
No. 79 - Niagara Falls Professional Fire Fighters Local 528 - Re: Negotiations
for 1980 Collective Agreement. The communication advises officially that the
Local is referring the matters in issue in the 1980 Collective Agreement to
arbitration, and that the Association's nominee to the Board of Arbitration will
be Mr. Jeffrey Sack of Toronto.
AND
Report No. 266B - City Manager - The report recommends that the communication
from Local 528 be received and referred to the City Negotiating Committee and
that the Association be advised that Mr. John C; Cyr of Ottawa has been appointed
'a nominee on the Board of Arbitration to represent the City, and that Mr. Bradshaw
· Paulin, Q.C, be appointed as Legal Counsel on behalf of the Corporation in this
matter.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that
the communication be received and referred to the City Negotiating Committee.
Carried Unanimously.
ORDERED on the motion of Alderman Fete, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
No. 80 - Niagara Transit - Re: Main Street Bus Stops. The communication requests
that a committee of staff work with the Commission to establish a proper crosswalk
at the Main Street transfer point, and to construct a bus shelter in the immediate
area to protect passengers from the elements while waiting for buses.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that
the the Projects & Services Engineer and Alderman Merrett work with the Transit
Commission, and further that the communication be referred to staff. Carried
Unanimously.
No. 81 - Ontario Task Force on Provincial Rail Policy - Re: Request for Connnents.
The communication requests comments on rail related issues affecting this area.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the
communication be referred to staff for a report. Carried Unanimously.
: 'i
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No. 82 - Mr. J.T. Charlebois and Others - Re: Use of Leg Hold Traps and
Snares. The communication requests that the City enact legislation to prohibit
the use of leg hold traps and snares.
Mr. J.T. Charlebois was granted permission to address City Council on the
motion of Alderman Orr, seconded by Alderman Merrett. Mr. Charlebois showed
the ordinary mouse and rat traps which he said were humane and killed instantly.
He also demonstrated the wolf trap, the muskrat trap and the bear trap.
Mr. Charlebois advised that these traps are very dangerous to children because
they have been set in built-up areas. Mr. Charlebois stated that nine other
municipalities have banned the use of these traps and snares.
Alderman Cheesman questioned Mr. Charlebois on how wild animals within
the City should be handled, and was informed that the Humane Society should
deal with such cases. People using the traps within the City have a permit
from the Ministry of Natural Resources. Alderman Schisler pointed out that
the Ministry issues licehess to hunt throughout Ontario, and yet it has no
property to permit hunting.
Mrs. J. Holly also addressed Council confirming the points of concern
raised by Mr. Charlebois in the matter. It was suggested that perhaps the
Ministry of Natural Resources might be able to provide information regarding
the legality of using leg hold traps within the Corporate limits.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Graaskamp, that
the request be referred to staff for a report, with particular reference to
the legislative authority available to pass the requested by-law. Carried
Unanimously.
No. 83 - Operation Dismantle - Re: Global Referendum on Disarmament. The
communication requests endorsement of a resolution calling for a global
referendum on disarmament.
Mr. D. Beam was granted permission to address City Council on the motion
of Alderman Graaskamp, seconded by Alderman Sobol. Mr. Beam stated that the
Operation Dismantle Group was basically asking municipalities across Canada
to endorse a Global Referendum on Disarmament to put before the~United Nations,
through the initiative of the Canadian Government in the United Nations, and
the Minister of External Affairs, Mark MacCuigan. Mr. Beam advised that the
group has a letter of support from Farley Mowat, as well as endorsements
from the municipalities of Toronto, Hamilton, Vancouver, Midland and Penstang.
Alderman Graaskump objected to any action being taken which was outside
the Jurisdiction of the Municipality, and made a motion to that effect. The
motion was not seconded. Mayor Thomson disagreed with the motion on the basis
that any matters before the Council should be commented on, regardless of
Jurisdiction. The Mayor felt that input from people must make its way up
the ladder and it is the responsibility of Council to do this.
Aldermen Puttick, Sobol, Hinsperger and Fera agreed that everyone has a
right to have input in matters of such importance, Alderman Dllts felt such a
move was a step in the right direction. Alderman Chessman voiced the opinion
that he does not believe peace will come with disarmament, but only by nations
having the strength to look after themselves. Mayor Thomson stated that this
is basically what the group is saying, that a nation has to defend itself but
it would have to be done globally.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Sobol, that
Council endorse the resolution calling for a Global Referendum on Disarmament.
The motion Carried with the following vote:
AYE: Aldermen Cummings, Dilts, Fete,, Hinsperger, Merrett, Orr, Puttick and
Sobol. ·
NAYE: Aldermen Cheesman, Graaskamp and Schisler.
No. 84 - City of Windsor - Re: Resolution on North American Built Care. The
communication requests endorsation of the resolution urging people to"Buy the
Cars Your Neighbours Help to Build".
During the discussion on this communication, Alderman Graaskamp stated
that if other countries take the same attitude of not buying Canadian cars
nor coming to Canada for holidays, it could be detrimental to a tSurist City
'such as Niagara Falls, depending on tourists visiting.
It was the view. of Alderman Puttick that he did not have a conflict of
interest on this matter, and co~m~ented that it was up to him to convince people
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that the Canadian product is better. The Alderman also felt that everyone
has a right to send through a democratic letter. Aldermen Merrett, Cummings
and Fera agreed that it was time a stand was taken to support Canadian
products.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Sobol, that
the resolution be endorsed. The motion Carried with Alderman Graaskamp
voting contrary, and all others voting in favour.
No. 85 - Mr. D. Dobson - Re: Drainage Problems. The communication requests
assistance in solving a drainage problem caused by lands of the Niagara South
Board of Education.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that the Board of Education be asked to implement remedial measures to drain
the subject property. Carried Unanimously.
No. 86 - Heavy Construction Association of Regional Niagara - Re: Contract
G.C. 7-80. The communication expresses concern that the low bidder on this
contract, Blairick Limited, was not awarded the contract as recommended by
the Engineering Department of the City.
ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that
the communication be received and filed. The motion Carried with the following
vote:
AYE: Aldermen Cheesman, Cummings, Dilts, Fete, Hinsperger, Graaskamp, Merrett,
Orr and Puttick.
NAYE: Aldermen Sobol and Schisler.
No. 87 - Mr. G. Bailey - Re: Appointment to Planning & Development. Mr. Bailey
advises in the communication, that he will be unable to accept the appointment
due to a new commitment.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the communication be received and filed. Carried Unanimously.
Alderman Cummings suggested that Council consider appointing a replacement
for Mr. Bailey. Several members of Council pointed out that there would not
be much time to work on the Committee prior to the November election, which
could put a new appointee in a difficult position.
ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that
no appointment be made to fill the vacancy for the balance of the current term.
The motion Carried with the following vote:
AYE: Aldermen Dilts, Fera, Hinsperger, Graaskamp, Merrett, Orr, Puttick,
Schisler and Sobol.
NAYE: Aldermen Cheeaman and Cummings.
No.. 88 - Cupolo Park Limited - Re: Special Occasion Permits. The communication
requests permission of the City to serve alcoholic beverages in conjunction with
a number of tournaments to be held during the smmner months.
During the discussion on this matter, Alderman Schisler expressed the
opinion that if special permission was required, such requests should be
referred to the Recreation Commission first. It was explained that these
'requests were basically for beer tents on private property.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that the request he granted subject to similar approvals being received from
'the Niagara Regional Police, Niagara Falls Fire Department, Niagara Regional
Health Unit and the L.L.B.O. The motion Carried with Alderman Chessman voting
contrary, and all others voting in favour.
REPORTS
- No. 267 - City Manager - Re: Draft Planning Act - Submission to the Province.
The communication recommends that a Joint meeting of Council and the Planning
· and Development Committee be held on Wednesday, May 28, 1980 at 4:15 p.m. to
discuss the submission to the Province on the Draft P arming Act.
No. 268 - City Manager - Re: Official Plan Amendment Procedures. The report
recommends that the Council accept.the new procedures as outlined.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that
the report he received and adopted. Carried Unanimously.
No. 269 - City Man~aeF~E- Re: Site Plan Approval for Proposed Ramada Inn, Stanley
Avenue. The report recommends. approval of the subject site plan.
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The Deputy City Solicitor provided additional information regarding
the "sole risk" clause in the report, in response to a question raised by
Alderman Puttick.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
No. 270 - City Manager - Re: Site Plan Approval for Nine Unit Apartment Buildin~
Swayze Drive and Portage Road. The report recommends approval of the subject
site plan.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 271 - City Manager - Re: Amendment to Site Plan, Proposed Addition to Imax
Theatre. The report recommends approval of the subject site plan.
The City Clerk advised that the report should be withdrawn from the
agenda at this time.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Fera, that
the report be withdrawn. Carried Unanimously.
No. 272 - City Manager - Re: Severance Application - Cupolo Park on Kalar Road.
The report recommends that the decision of the Land Division Committee of the
Regional Municipality of Niagara on severance application B-168(80) for Cupolo
Park Limited, be appealed to the Ontario Municipal Board.
Mayor Thomson questioned whether the applicants were aware of the
recommendation. Mr. H. Damore of the Italian Social Club gave additional
information that the applicants would like to discuss this appeal of the
Land Division Committee decision with the City. Mayor Thomson suggested
that the matter be tabled to allow the City an opportunity to meet with the
applicants.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the report be tabled. Carried Unanimously.
No. 273 - City Manager - Re: Conveyance to Niagara Falls Hydro-Electric Commissil
The report recommends passage of a by-law to authorize' the conveyance of lands
on the northeasterly side of Swayze Drive previously acquired by the Township
of Stamford, to the Niagara Falls Hydro Electric Commission for the purpose of
a transformer station.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the
report be received and adopted; Carried Unanimously.
See By-law No. 80-9t
No. 274 - City Manager - Re: Tour of Municipal Facilities. The report recommend!
that Council members and staff hold an inspection tour of municipal facilities
on Saturday, June 7, 1980, to commence at the Municipal Service Centre at 9:00 ~
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Fera, that
the report be received and adopted. The motion was Defeated with the following
vote:
AYE: Aldermen Hinsperger and Fera.
NAYE: Aldermen Cheesman, C-m~ings, Dilts,:Graaekamp, Merrett,'Orr, Puttick,
Schisler and Sobol.
It was then
that the Council
at the Municipal
Unanimously.
moved by Alderman Hinsperger, seconded by Alderman Herrerr,
members and staff meet on Monday, June 9th, 1980 at 5:00 p.m.
Service Centre, for the inspection tour of facilities. Carrt~j
No. 275 - City Manager - Re: Contract C.C. 8-80, Sewer, Watermain and Base Road
Construction in Falls Industrial Park Extension, Phase II. The repor[ recommend
that the unit prices submitted by Provincial Construction (Niagara) Limited, be
accepted subject to the issuance of au approval certificate by the Ministry of
the Environment for the sewer and watermain installations.
ORDERED on the motion of Alderman Fera, seconded by Alderman Graaskamp, that
the report be received and adopted. Carried Unanimously.
See Resolution No. !
See By-law No. 80-~
No. 276 - City Manager - Re: Stanley Avenue Sanitary Sewer. The report
recommends that monies for this project be included in the Capital Budget for
1982 construction of a section of sanitary sewer between the Welland River and
Conrail on Stanley Avenue; that Marine Wonderland & Animal Park Ltd. be asked
to dedicate an easement along the east side of !~anley Avenue to the Region and
the City; and that Marine Wonderland & Animal Park Ltd. be requested to
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participate in a cost-sharing of the sanitary sewer necessary on Stanley
Avenue.
The Director of Municipal Works informed Council that the Ministry of
the Environment has indicated it would approve the work for the extension into
the subdivision, and will require an undertaking that something will be done
around 1982.
ORDERED on the motion of Alderman Puttick, seco~ded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
No. 277 - City Manager - Re: Contract S.R. 10-80, 1980 Sidewalk Repairs. The
report recommends acceptance of the unit prices submitted by Northland Bitulithic
Limited for the subject contract.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 39
See By-law No. 80-95
No. 278 - City Manager - Re: Contract A.C. 11-80, Asphalt Overlay Programme.
The report recommends acceptance of the unit prices submitted by Northland
Bitulithic Limited for the subject contract.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
See Resolution No. 40
See By-law No. 80-96
No. 279 - City Manager - Re: Building & Development Report for April, 1980.
report provides current news relative to permit statistics and development
proposals during the month of April, 1980.
The
Alderman Puttick commented on the great improvement resulting from the
May Foundry relocation from Clark Street to Kister Road.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that
the report be received and filed. Carried Unanimously.
No. 280 - Mayor Thomson - Re: Drainage Problem. at 6936-6960.Harriman Street.
The report recommends that the problem be referred to the Drainage Committee and
that a cost sharing arrangement be made between the people involved and the City.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
No. 281 - City Manager - Re: Municipal .Accounts. The report recommends payment
of the municipal accounts.
The City Manager provided additional information regarding Cheque #5347
in response to a question raised by Alderman Schisler.
In response to a question raised by Alderman Cummings, the City Treasurer
advised that Cheque #5286 covered the cost of taking down four speakers at the
Niagara Falls Arena. Mayor Thomson suggested that a report be brought in by
an acoustic expert regarding the sound system at the Niagara Falls Arena.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 282 - City Manager - Re: Community Services Contribution Programme - Maple
~Area. The report recommends that the City of Niagara Falls formally accept the
allocation of $2.25 million from the Federal Government and the Province of
Ontario, and that the City agree to provide funds totalling$750,000 as its
share of the program. The report further recommends that $780,000 be spent
on the Niagara Falls Arena to improve it for the benefit of the neighbourhood
· and the community in general.
Mayor Thomson informed the Council that Mr. Reg Qutnn had decided to move
the Niagara Falls Flyers Hockey Club from Niagara Falls, and that this decision
had nothing to do with the relationship he had with the City. Mr. Qutnn had
chosen this course of action because of the lack of support from local fans. It
was suggested that if the fans were willing to support the Club in a positive way,
such as in the purchase of.season tickets, perhaps Mr. Quinn might alter his
decision since he did not have a new location in mind. Mayor Thomson requested
that Council consider setting up a "hot line" in the City Hall so that calls
could be received from persons wishing to reserve tickets for next season.
The Mayor made a personal commitment to reserve two season tickets.
II II
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Alderman Herrerr agreed with this suggestion and indicated that he
also would like to reserve season tickets for the next season. The ~ayor
reminded members of Council that the Hockey Club provided the City with
$50,000 to offset costs at the Arena, and if the Club were to relocate, this
revenue would be lost to the City. The Mayor felt that everything possible
should be done by staff and the Council to keep the Hockey Club in the City.
Mayor Thomson also suggested that Council authorize an expenditure covering
the cost of an advertisement in the local newspaper urging greater local
support of the team.
The Building & Development Co-ordinator provided Council with further
background information regarding the Community Services Contribution Program
related to this area. It was advised that the plan for the Maple Area will be
advantageous to the people living near the Arena and those using the Arena.
Mr. W. Murray from the firm of D. Chapman Associates, outlined the proposed
plans for the improvement of the Niagara Falls Arena. AIderman Cummings
expressed concern that the improvements would only be external and no changes
would be made internally to the building. Alderman Herrerr also stressed the
need for internal improvements to the building.
In response to a question raised by Alderman Puttick, Mr. Murray advised
that there would be an enclosed ticket sales area, thereby eliminating the
problems caused by inclement weather.
Alderman Dilts shared the concern expressed by Aldermen Cummings and
Herrerr and suggested that more consideration be given to improving the inside
other than to the face of the building, and the dressing rooms. Alderman
Grasskemp agreed with this and suggested a better proportionlug of the money
available. The City Clerk advised that the recommendation to spend $780,000
on improvements to the Arena, should be recommended to the 1981-82 Council,
since the current Council cannot commit funds to subsequent years. Alderman
Sobel felt the money should be put where it is needed. Mayor Thomson advised
that any additional funds would have to be in next year's budget.
Following further comment, it was moved by Alderman MerreJ;~, seconded by
Alderman Minsperger, that the report be received and adopted with the amendment
that Council agree to recommend to the 1981-82 Council that sufficient funds
be provided for the Corporation's share of the cost under the Programme, and
further that Council authorize an expenditure to cover the cost of an advertise~
in the localpress urging greafer local support of the Niagara Palls Flyers
Hockey Team. Carried Unanimously.
No. 283 - City Manager - Re: Vacancy on Council. The report recommends that
a special meeting be held on May 26th to appoint a person to~ftll the vacancy
created by the resignation of former Alderman Wallman.
ORDERED on the motion of Alderman Grasskemp, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 284 - City Manager - Re: Schedule of Meetings for Summer Months. The
report recommends adoption of the summer schedule of meetings commencing June
9th and every ethan week thereafter until September when regular weekly meetings
will resume.
ORDERED on the motion of Alderman C,",mtngs, seconded by Alderman Merrett,
that the report be received and adopted. Carried Unanimously.
No. 285 - Alderman 8chisler - Re: Canada Week. The report recommends adoption
of the program to observe Canada Week.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, that
the report he received and adopted. Carried Unanimously.
No. 286 - City Manager - Re: Status of Various Council Matters. The report
provides information on the status of various Council matters.
ORDERED on the motion of Alderman Sobel, seconded by Alderman Chessman, that
the report be received and filed. Carried Unanimously.
No. 287 - Deputy City Clerk - Re: Consent Items.
1) Niagara Transit - Re: Sylvia Place Terminal.
Recommendation - For the information of Council, ~'
2), Liquor Licence Board of Ontario - Re: Licensing of Fast-Fodd Establishments,
Recommendation - For the information of Council,
3) Liquor Licence Board of Ontario. - Re: Date of Meeting for Application by
Arthur Trescher's Fish & Chips Restaurant for Dining Room Liquor Licence.
Recommendation - For the information of Council,
..,,.9
9
4) Ontario Municipal Fire Prevention Officer's Association - Re: Appointment
of Mr. J. Simon as Vice-President of the Association.
Recommendation - That Mr. Simon be congratulated on his appointment.
5) Chippawa Lions Club - Re: Special Event Permit.
Recommendation - That the request be granted in accordance with the
established policy.
6) Chief Donald Harris, Niagara Regional Police - Re: Vandalism in Firemen's Park.
Recommendation - For the information of Council.
7) Canada Employment Centre for Students - Re: Hire A Student Week, May 25-31, 1980.
Recommendation - That the request be approved subject to the established policy.
8) Government of Quebec - Re: Quebec Referendum.
Recommendation - For the information of Council.
9) Regional Municipality of Niagara - Re: Minor Improvements to Various Road
Intersections in the City of Niagara Falls.
Recommendation - For the information of Council.
10) Regional Municipality of Niagara - Re: Parking Prohibitions on Stanley Avenue.
Recommendation - For the information of Council.
ll) Greater Niagara Senior Citizens Association - Re: Senior Citizen Week Worship
Service.
Recommendation - That the invitation be accepted with thanks, and as many
members of Council as possible attend the Service.
12) Ministry of the Environment - Re: SCA Discharge to the Niagara River.
Recommendation - For the information of Council.
Alderman Graaskamp referred to the public hearing scheduled for June 3rd,
1980, on the Arthur Treacher's Liquor Licence application, and suggested that
the City should be represented at the hearing.
ORDERED on the motion of Alderman Grasskemp, seconded by Alderman Sobel, that
a representative of the City be present at the Hearing. The motion Carried
· with the following vote:
AYE: Aldermen C,,.~,ings, Dtlts, Fera, Graaskamp, err, Schisler and Sobel.
NAYE: Aldermen ChesSman, Hinsperger, Herrart and Puttick.
It was then moved by Alderman Merrett, seconded by Alderman Orr,, that
the report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 37A - eRR - HINSPERGER - RESOLVED that Council approve the Site Plan being
Drawing No. 1 and the Parking Layout and Site Drainage Plan being Drawing No. 2
prepared by David C. Stevens and Associates, filed with the Building and
Development Department of the City of Niagara Falls on May 16, 1980, subject
to the condition that the owner be required to provide to the satisfaction of
and at no expense to the Corporation of the City of Niagara Falls the following
facilities and works shown on the said Plans:
1) One access ramp to provide ingress and egress between the property and Stanley
Avenue realignment and one ingress and egress ramp to the service road which
shall be in the locations and widths shown on the parking layout plans.
2) 166 off-street vehicular parking spaces and the access driveways, all having
the dimensions and being in the locations shown on the parking layout plan and
which shall be surfaced with hot-mix asphalt or approved equivalent together
with all of the curbings shown on the parking layout plan.
3) Concrete sidewalks of the dimensions and in the locations shown on the
parking layout plan.
4) Floodlighting which shall be installed and maintained so that the light is
deflected away from adjacent residential areas or ~uildinge and away from
-traffic on adjoining roadways.
5) The shrubs and other landscaping of the types and in the locations designated
On the landscaping plan, filed with the Building & Development Department of
the City on May 20, 1980.
6) The garbage storage vault to be constructed on a concrete pad and having the
dimensions and being in the location shown on the parking layout plan.
7) Such grading or alterations in elevation as shall be necessary to provide the
elevations shown on the said site drainage plan together with all of the
facilities and works for the dipsosal of storm, surface and waste water shown
on the said site drainage plan;
AND that the owner be required to maintain to the satisfaction of the
municipality and at the sole risk and expense of the owner all of the facilities
or works mentioned in paragraphs 1, 2, 3, 4, 5, 6, and 7 above, including the
removal of snow from access ramps and driveways, parking and loading areas
and walkways;
AND FURTHER that in accordance with By-law No. 79-41, the owner be required
to enter into an agreement with the City to make available a new municipal
watermain and a storm sewerage system to service the land and the proposed
hotel building; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
..... 10
- 10 -
T
No. 37B - MERRETT - FERA - RESOLVED that this Council approves the Site Plan
being Drawing No. 1 and the Site Services Plan being Drawing No. ME-1 prepared
by Mike Janoschak, filed with the Building and Development Department of the
City of Niagara Falls on May 15, 1980, but this approval is subject to the
condition that the owner be required to provide to the satisfaction of and at
no expense to the Corporation of the City of Niagara Falls the following
facilities and works shown on the said Site Plan:
1) One access ramp to provide ingress and egress between the property and
Swayze Drive which shall be in the location and of the width shown on the site
plan together with the curbings shown on the site plan;
2) 13 off-street vehicular parking spaces and the access driveways, all having
the dimensions and being in the locations shown on the site plan and which
shall be surfaced with hot-mix asphalt or approved equivalent together with all
of the curbings shown on the site plan;
3) Concrete sidewalks of the dimensions and in the locations shown on the site
plan;
4) Floodlighting which shall be installed and maintained so that the light is
deflected away from adjacent residential areas or buildings and away from
traffic on adjoining roadways;
5) The fence, shrubs and other landscaping of the types and in the locations
designated on the site plan;
6) The enclosure for the storage of garbage and other waste material having the
dimensions and being in the location shown on the site plan to be constructed;
7) Such grading or alterations in elevation as shall be necessary to provide
the elevations shown on the said services plan together with all of the
facilities and works for the disposal of storm, surface and waste water shown
on the said site services plan;
AND that the owner be required to maintain to the satisfaction of the Municipal
and at the sole risk and expense of the owner, all of the facilities or works
mentioned in paragraphs 1, 2, 3, 4, 5, 6 and 7 above, including the removal of
snow from access ramps and driveways, parking and loading areas and walkways;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 38 - FERA - GRAASKAMP - RESOLVED that the unit prices submitted by Provinci.
Construction (Niagara) Limited for the construction of sewer/Ba~ns,jwatermains
base roads in the Falls Industrial Park Extension Phase II, be accepted at the
tendered price of $129,121.75; AND the Seal of the Corporation be hereto
affixed.
Carried Unanimously
No. 39 - CHEESMAN - NINSPERGER - RESOLVED that the unit prices submitted by
Northland Bitulithic Limited for the sidewalk repair contract, be accepted at
the tendered price of $51,409.30; AND the Seal of the Corporation be hereto
affixed.
Carried Unanimously
No. 40 - CHEESMAN - HINSPERGER - RESOLVED that the unit prices submitted by
Northland Bitulithic Ltd. for the asphalt overlay program, be accepted-at the
tendered price of $37,166.12; AND the Seal of the Corporation be hereto
affixed.
Carried Unanimously
No. 41 - CHEESMAN - FERA - RESOLVED ~HAT WHEREAS the Nonourable Claude F. BenneI
Minister of Housing for the Province of Ontario has informed the City that it
has been allocated $2,250,000 by the Federal Government and the Province of Ont~
for funding under the Conmuntty Services Contribution Program for.1980 which
sum represents 75% of the anticipated project cost;
AND WHEREAS the City must provide the remaining 25% of the project cost;
AND WHEREAS the City has been requested by the Minister to pass a re~olution
accepting the said allocation;
NOW THEREFORE BE IT RESOLVED that .the Council of the Corporation of the City of
Niagara Falls:
1) Accepts the allocation of $2,250,000 by the Federal Government
and the Province of Ontario for funding under the Community
Services Contribution Program for 1980, and
2) Recommends that the 1981-82 Council of the Corporation of the
City of Niagara Falls provide sufficient funds for the
CorPorationts share of the cost of the project;
=AND the Seal of the Corporation be hereto affixed.
' Carried Unanimousll
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No. 42 - MER~ETT - CUMMINGS - RESOLVED THAT WHEREAS the Federal Department of
Regional Economic Expansion provides grants and loans to corporations wishing
to build new plants or expand existing facilities;
AND WHEREAS these grants and loans are only provided in locations which are
considered to be in areas of regional disparity in certain provinces;
AND WHEREAS these areas may not have been reviewed by the Federal Government
since the more serious economic conditions have occurred during the past year
in parts of Canada;
AND WHEREAS certain major sectors of our Canadian industrial community have been
seriously affected by the international economic changes such as the automobile
industry;
AND WHEREAS unemployment figures in certain regions of Canada have increased
considerably in the past year for various reasons;
THEREFORE BE IT RESOLVED that the City of Niagara Falls ask the Federal Government
to review its D.R.E.E. regulations to consider applications from high unemployment
areas such as the Niagara Peninsula and other locations throughout Canada which
may be experiencing similar problems;
AND THAT copies of this resolution be forwarded to the Prime Minister of Canada,
the Premier of Ontario, the Ministers of Industry and Tourjam for Canada and Ontario,
Mr. A.A. MacBain, Federal Member of Parliament, Mr. V. Kerrio, Provincial Member
of the Legislative Assembly; and to all municipalities in the Niagara Region for
their endorsement; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman
leave be granted to introduce the
first time:
Ntnsperger, seconded by Alderman Dilts, that
following by-laws, and the by-laws be read a
No. 80-92 - A By-law to authorize the execution of an agreement with Paul Thiel
Associates Limited for engineering services.
No. 80-93 - A By-law to authorize the execution of a.deed to Niagara Falls Hydro
Electric Commission.
No. 80-94 - A By-law to authorize the execution of an agreement with Provincial
Construction (Niagara Falls) Limited for the construction of under-
ground services in the Falls Industrial Park Extension Phase II.
No. 80-95 - A By-law to authorize the execution of an agreement with Northland
Bitulithic Limited for sidewalk repairs.
No. 80-96 - A By-law to authorize the execution of an agreement with NOrthland
BitulithicLimited for the application of hot mix asphalt overlays
on certain streets and on a tennis court in the City of Niagara Falls.
No. 80-97 - A By-law to provide monies for general purposes.
Carried Unanimously
ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the
following by-laws be now read a second and third time:
No. 80-92 - A By-law to authorize the execution of an agreement with Paul Thiel
Associates Limited for engineering services.
No. 80-93 - A By-law to authorize the execution of a deed to Niagara Falls Hydro
Electric Commission.
No. 80-94 - A By-law to authorize the execution of an agreement with Provincial
Construction (Niagara Falls) Limited for the construction of under-
ground services in the Falls Industrial Park Extension Phase II.
No. 80-95 - A By-law to authorize the execution of an agreement with Northland
Bitulithic Limited for sidewalk repairs.
No. 80-96 - A By-law to authorize the execution of an agreement with Northland
Bitulithic Limited for the application of hot mix asphalt overlays
on certain streets and on a tennis court in the City of Niagara Falls.
No. 80-97 - A By-law to provide monies for general purposes.
Carried Unanimousl~
..... 12
- 12 -
PLAQUE FOR JUDY LAMARSR
Mayor Thomson informed Council that the municipality would like to provid,
a plaque for a meeting room at the Niagara Falls Public Library at a cost of
$1500 honouring our former Member of Parliament, Judy LaMarsh. It was moved
by Alderman Cummings, seconded by Aldermen Fera, that a plaque be purchased at
the suggested price and placed in a suitable location at the Niagara Falls
Public Library. Carried Unanimously.
KER PARK
Alderman Fera referred to the condition of the grounds at Ker Park and
asked if the treatment of the field could be completed earlier in order that
the various socces clubs could use the Park. Re felt that the conditions at
other parks also were not ideal. Alderman Cummings stated that the Recreation
Commission had asked all the clubs using the facilities to remain off the
playing fields until after May 1st. It was moved by Alderman Fera, seconded b~
Alderman Hinsperger, that the Recreation Commission forward a report to Counci!
on the conditions of the playing fields. Carried Unanimously.
INTERNATIONAL CLERKS' CONFERENCE
The City Manager informed Council that the City Clerk had been asked to
represent the Association of Municipal Clerk and Treasurers of Ontario at the
International Clerks' Conference.
It was moved by Alderman Sobol, seconded by Alderman Dilts, that the
meeting adjourn to Committee of the Wh le. Carried Unanimously.
READ AND ADOPTED,
J~-'~OL~INSON, CITY CLERK~
NAYOR WAYNE THOMSON
Committee Room #1
May 20, 1980
Council met on Tuesday, May 20, 1980 in Committee of the Whole, following
a regular meeting of Council. All members of Council were present with the
exception of Alderman Puttick. Alderman Cummings presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting. ,&aaAA
RF, AD AND ADOPTED,
-~.,.~-
Council Chambers
May 20, 1980
Council reconvened in formal session on Tuesday, May 20, 1980, following
a meeting in Committee of the Whole. All members of Council were present with
the exception of Alderman Puttick. HIs Worship, Mayor Thomson presided as
Chairman.
The meeting adjourned.
J.L. COLLIN8ON, CITY CLERK
MAYOR WAYNE TNONSON
TWENTY-FIRST MEETING
Council Chambers
May 26, 1980
SPECIAL MEETING
Council met in formal session on Monday, May 26, 1980, following a
meeting of the General Committee. All members of Council were present with
the exception of Alderman Merrett. His Worship, Mayor Thomson presided as
Chairman.
ONTARIO ARENAS ASSOCIATION CONFERENCE
Report No. 288 - Mayor Thomson - The report recommends that Alderman Puttick
be authorized to attend the subject conference to be held in Brantford on
June 20 - 22, 1980.
ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
NIAGARA FALLS FASTBALL ASSOCIATION SPECIAL OCCASION PERMIT
Communication No. 89 - Niagara Falls Fastball Association - The communication
requests approval of Council to serve beer at Ker Park during the Association
tournament from July 1 - 7, 1980.
ORDERED on the motion of Alderman Orr, seconded by Alderman Sobol, that the
request be granted subject to similar approvals being obtained from the
Niagara Regional Police, Niagara Falls Fire Department, Niagara Regional
Health Unit and the L.L.B.O. Carried Unanimously.
1979 ANNUAL REPORT OF THE MUNICIPAL WORKS DEPARTMENT
Report No. 289 - Director of Municipal Works - The report provides information
on the activities of the Municipal Works Section during the year 1979.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings,
that the report be received and filed. Carried Unanimously.
ANNUAL REPORT OF THE PLANNING DEPARTMENT
Report No. 290 - Planning Director - The report provides information on the
activities of the Planning Department during the year 1979.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman C-mmings,
that the report be received and filed. Carried Unanimously.
SEVERANCE APPLICATION B-168(80) FOR CUPOLO PARK LTD. ON KALAR ROAD
Report No. 272 - City Manager - The report, which was tabled from the previous
meeting, recommends that the decision of the Land Division Committee of the
Regional Municipality of Niagara on severance application B-168(80) for Cupolo
Park Limited be appealed to the Ontario Municipal Board.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that
the report be received and filed, subject to an undertaking from the applicant
that the necessary road widening will be conveyed to the Municipality, and that
the applicant will be permitted to use these lands until such time as they are
required by the Municipality. Carried Unanimously.
NATIONAL UTILITY SERVICE (CANADA) LTD. TELECOMMUNICATIONS STUDY
Communication No. 90 - National Utility Service (Canada) Ltd. - The communication
advises that the contract period for the Telecommunications services cost
control program is twenty-four months and the period of participation is
sixty months.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings,
that the explanation provided in the communication be accepted for the
Telecomunications cost control service at a fee of $2,400 (duration of contract
twenty-four months, participation period sixty months), subject to Ontario
Municipal Board approval and preparation of the necessary legal documents.
Carried Unanimously.
-2-
LOCAL INPROVENENTS
Report No. 291 - City Manager - The report recommends passage of a by-law to
set the rates to provide 'for the payments of the owners' portion of certain
local improvements.
ORDERED on the motion of Aldernmn Chessman, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
See By-law No. 80-4
1980 OPERATING BUDGET
Report No. 292 - City Manager - The report recommends passage of by-laws to
provide for the appropriations for 1980, to fix the rates of taxation and provi~
for the levying of taxes, and to provide for the collection of taxes for the
year 1980.
ORDERED on the motion of Alderman Cheesumn, seconded by Aldermmn Cummings, that
the report be received and adopted. The motion Carried with Alderman Schisler
voting contrary, and all others voting in fayour.
See By-laws 80-89,
80-90 and 80-91
BY-LAWS
ORDERED on the motion of Alderman Chessman, seconded by Aldernmn Hinsperger,
that leave be granted to introduce the following by-laws, and the by-laws be
read a first time:
No. 80-89 - A By-law to provide for the appropriations for the year 1980.
No. 80-90 - A By-law to fix the rates of taxation for 1980 and to provide
for the levying of rates.
No. 80-91 - A By-law to provide for the collection of taxes for the year 1980.
No. 80-98 - A By-law to impose special rates to provide for the payment of the
owners' portion of the cost of certain local improvements.
Carried with Alder~
Schisler voting con
on By-law 80-90.
ORDERED on the motion of Alderman Fete, Seconded by Alderman Graaskamp, that
the following by-laws be now read a second and third time:
No. 80-89 - A By-law to provide for the appropriations for the year 1980.
No. 80-90 - A By-law to fix the rates of taxation for 1980 ~nd to provide
for the levying of rates.
'No. 80-91 - A By-law to provide for the collection of taxes for the 'year 1980.
No. 80-98 - A By-law to impose special rates to provide for the payment of ~he
owners' portion of the cost of certain local improvements.
Carried with Alderm
Schisler voting con
on By-law 80-90.
NEW BUSINESS
M~NICIPAL TOUR
The Director of Municipal Works advised that the Council tour'arranged
for June 9th at 5:00 p.m. will commence at the City Hall instead of the Muuicip
Service Centre as originally arranged. It was further advised that since the
meetin8 could be a little late starting because of the tour, it had been
advertised in the local newspaper that the discussion on flood line mapping
would not commence until 8:00 p,m.
WEEDS ON CITY PROPERTY
Alderman Cummings commented that the City is presently into the season
where the Weed Inspector is sending notices to property o~ners that weeds must
be cut. The Alderman felt the City should cut the weeds on its property, and
indicated that such areas as Glengate Park and the N.8. & T. Right-of-Way.
- 3-
Alderman .Sobol and Alderman Dilts mentioned other locations where
weeds were badly in need of cutting, Clark Street and property at the corner
of Drummond Road and Dunn Street. The Director of Municipal Works commented
that dandelines which are quite bad at this time of year, are not included
as a noxious weed under the Weed Control Act, however he indicated that he
would check into these specific areas as far as maintenance was concerned.
MOWING OF GRASS ON CUL-DE-SAC ISLANDS
Alderman Fera asked if the City was still responsible for cutting the
grass on the islands in cul-de-sacs. The Director of Municipal Works indicated
that he would check into the matter. Mayor Thomson commented that sometimes
the grass grows quite long before it is cut, and complaints have been received
that the cuttings are not raked up.
INTERSECTION OF KITCHENER STREET AND MACDONALD AVENUE
Alderman Puttick indicated that another accident had occurred at the
intersection of Kitchener Street and MacDonald Avenue. The City }~nager
advised that flashing lights are on order for this intersection.
JOINT MEETING OF COUNCIL AND PLANNING & DEVELOPMENT COMMITTEE
The Planning Director reminded members of Council of the Joint meeting
to be held between Council and the Planning & Development Committee on Wednesday
May 28, 1980, to discuss the draft Planning Act.
STREET LIGHTS - INTERSECTION OF LYONS CREEK ROAD AND STANLEY AVENUE
Mayor Thomson advised that he had received a complaint that the intersection
of Lyons Creek Road and Stanley Avenue was quite dangerous, and lights should
be installed. The City Manager indicated he would check into the matter.
TAX ARREARS
Mayor Thomson advised that he had received a number of calls from persons
who have received letters from the City regarding tax arrears. In several
'instances, the persons had paid their taxes however there was a small amount
of interest owing. The letters received threatened legal action if complete
payment was not made. The City Treasurer indicated that prior to sending out
the letters, the accounts were checked quite thoroughly to avoid the situation
mentioned by the Mayor. The City Manager suggested that the payments and the
letters might have crossed in the mails. It was suggested that the particular
incidents be investigated and that the Finance Committee review the entire
matter in general.
It was moved by Alderman Cheesman, seconded by Alderman Graaskamp, that
the meeting adjourn to Special Session. Carried Unanimously.
MAYOR WAYNE THOMSON
ee
TWENTY-SECOND MEETING
Council Chambers
May 26, 1980
SPECIAL MEETING
Council met in special session on Monday, May 26, 1980, following a
meeting of the General Committee, for the purpose of filling an Aldermanic
vacancy. All members of Council were present with the exception of
Alderman Merrett. His Worship, Mayor Thomson presided as Chairman.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Dilts,
that Mr. David Mackenzie be appointed to fill the Aldermanic vacancy created
by the resignation of former Alderman H. Wallman. Carried Unanimously.
His Worship, Mayor Thomson indicated that Mr. Mackenzie would be officially
sworn in at the next Regular Council meeting. On behalf of the Council, ~yor
Thomson welcomed Mr. ~ckenzie as a member.
It was moved by Alderman Puttick, seconded by Alderman Orr, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
~LINSON, CITY CLE~'
MAYOR WAYNE THOMSON
TWENTY-THIRD MEETING
Committee Room #1
June 2, 1980
COMMITTEE OF ~HE WHOLE
Council met on Monday, June 2, 1980 at 7:00 p.m. in Committee of the
Whole. All members of Council were present with the exception of Aldermen
Orr and Sobol. Alderman Fera presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
READ AND ADOPTED,
REGUL~I~ ~.~.. ~ '
MAYOR WAYNE THOMSON
Council Chambers
June 2, 1980
Council met on Monday, June 2, 1980 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present. His
Worship, MAyor Thomson presided as Chairman. Alderman Cummings offered the
Opening Prayer.
DECLARATION OF OFFICE - ALDERMAN DAVID MACKENZIE
Alderman David Mackenzie was sworn in as a member of the municipal Council.
The City Clerk, J.L. Collinson, conducted the Declaration of Elected Office and
the Oath of Allegiance.
WELCOME
Mayor Thomson extended a welcome to Gerry Sunstrum, a young Boy Scout
who was in attendance at the meeting, in order to qualify for a Citizenship
Badge.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger,
that the minutes of the meetings held on May 12th and 26th, 1980, be adopted
as printed. Carried Unanimously. ~
UNFINISHED'BUSINESS
RESPONSE TO THE DRAFT PLANNING ACT
Report No. 293 - City Clerk - The report recommends that the response to the
~proposed new Draft Planning Act, as prepared by the Planning Director, be
endorsed by Council and forwarded to the Ministry of Housing.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
LITTER COMPLAINTS - BLOSSOM FESTIVAL PARADE
Report No. 294 - City Manager - The report recommends that on the weekend on
which the Blossom Festival Parade is held~ the following steps be taken to
improve litter control: (a) A City employee be placed in the area to pick up
litter on the Sunday following the Parade, and (b) The Shift Foreman on the
12 Midnight to 8 a.m. shift conduct an inspection of the area on Sunday morning
following the parade and call out the necessary equipment and personnel to pick
up litter if deemed necessary.
In response to a question raised by Alderman Herrerr, the Director of
Municipal Works advised that street sweeping which is normally done in the
-2-
early morning hours, might be more difficult to perform on Sunday morning
as opposed to Saturday morning due to heavier traffic conditions Saturday
evenings. It was indicated that the suggestion could be investigated and
discussed with area businesses.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
APPOINTMENT OF PROMOTION & FACILITIES CO-ORDINATOR
Report No. 295 - Alderman P. Cummings - The report advises that the Committee
formed to consider the subject appointment, has reviewed the Job Description
prepared and has authorized the advertising of the position in the principal
newspapers in the Peninsula. Applications will be received by the Personnel
Department until June 23, 1980.
Mayor Thomson indicated that the person hired for this position would
be needed sooner than originally anticipated, and suggested that the final
date for receipt of applications be moved up one week earlier.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that advertising be carried out as indicated in the report, and that the final
date for acceptance of applications be changed to June 16, 1980. Carried
Unanimously.
RALPH RACINg BENEFIT
Report No. 296 - Mayor Thomson - The report recommends that Council authorize
the proclamation of June 22, 1980, as "Ralph Ratins Day" in conjunction with
a benefit day to be held at Oakes Park.
Mayor Thomson provided additional information on the matter. Alderman
Orr indicated that he had tickets available for the event to distribute to
members of Council following the meeting.
ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
COMMUNICATIONS
No. 91 - (a) Mrs. U. Edwards, (b) Mrs. B. Leonard, (c) Residents of Buckley
Towers, (d) Mrs. G.H. Fettericy and (e) Lundy's Lane United Church - Re: Casin~
Gambling. The communications comment on casino gambling in the City.
Mayor Thomson indicated that copies of the conmunications had been sent
to the Social Planning Council.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that
the communications be received and filed. Carried UnanimoUsly.
No. 92 - Regional Municipality of Niagara - Re: Municipal Liaison Committee
Special Purpose Boards and Commissions. The communication requests congnents 0~
the Municipality on the report on Special Purpose Boards and Commissions, beinl
a s,,mm. ry of recommendations prepared by the Association of Counties and Regi0~
of Ontario, the Association of Municipalities of Ontario and the Rural Ontario
Municipalities Association, as endorsed by the Municipal Liaison Committee.
During the discussion on this item, Regional Councillor Mitchelson
provided additional information in response to a number of questions and
comments raised by members of City Council.
Following further discussion,
by Alderman Dilts, that the matter
of a report. Carried Unanimously.
it was moved by Alderman Fera, seconded
be referred to staff for the preparation
Regional Councillor Mitchelson
this matter, and presented detailed
City.
offered to work with the City'Clerk on
background information for the use of the
No. 93 - Regional Municipality of Niagara - Re: Parking Restriction on Sodom
Road. The communication advises that the Regional Public Works & Utilities
Committee has adopted the recommendation that parking be restricted at all time
on both sides of Sodom Road from Weinbrenner Road to a point 100 metres
southerly.
'ORDERED on the motion of Alderman Chessman, seconded by Alderman Ninsperger,
that the communication be received and filed. Carried Unanimously.
No.,94 - Greater Niagara Softball Association - Rez Niagara Invitational Fastbl
-3-
Tournament. The communication requests approval to establish a beer concession
during the annual tournament at Ker Park.
ORDERED On the motion of Alderman Merrett, seconded by Alderman Sobol, that the
request be granted in accordance with the established policy. Carried Unanimously.
No. 95 - Greater Niagara Safety Council - Re: Leg Hold Animal Traps. The
communication advises that the Safety Council supports legislation to ban leg
hold animal traps in the City.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Dilts, that the
communication be received and filed. Carried Unanimously.
No. 96 - Town of Fort Erie - Re: Regional Niagara Economic Development Study.
The communication requests endorsation of a resolution indicating that Fort Erie
does not accept the principle of Regional Economic Development and urging the
Region not to develop a structure to deal with economic development.
ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that the
resolution be endorsed. Carried Unanimously.
No. 97 - Whirlpool Whoopee 1980 - Re: Annual Convention. The communication
advises that the Niagara Falls Chamber of Commerce and many local businesses
and industries have been most co-operative and helpful in extending a warm
welcome and assistance in the preparations for the convention.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Cheesman, that
the communication be received and filed. Carried Unanimously.
No. 98 - Association of Municipalities of Ontario - Re: Electric of Hydro-
Electric Commissioners.. The communication urges Conncil to pass a by-law by
July 1, 1980, providing for the appointment by council of the members of the
hydro-electric commission.
ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Sobol, that
the communication be received and filed and that the President of the A.M.O.
be provided with an explanation of the City's stand on this particular matter.
Carried Unanimously.
No. 99 - Downtown Board of Management - Re: Litter Baskets. The communication
requests that Council place more litter baskets on Queen Street.
ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that
the communication be referred to the Finance Conmittee. Carried Unanimously.
No. 100 - Liquor Licenee Board of Ontario - Re: Policy on Issuing of Liquor
Licences. The communication provides information regarding the policy of
issuing liquor licerites presently being followed by the Liquor Licenee Board
of Ontario.
Alderman Graaskamp advised that there were persons in attendance at the
meeting who wished to speak on this matter. A representative of Kitchener
Street United Church indicated that the Church does not feel fast food outlets
serving alcoholic beverages are needed on Lundy's Lane.
Mayor Thomson suggested that possibly other municipalities in the area
'could be contacted to determine how they are controlling this situation, such
as through the use of seating capacities.
Alderman Graaskemp asked if the City was going to take steps to ask the
Board to withhold issuance of a licenee for thirty days until a policy could be
developed on the matter. The Alderman felt that the Council had lost some of
'the concern earlier felt when it had questioned the Board on the granting of a
liquor licerice to a .fast food outlet.
Following further comment, it was movedby Alderman Sobol, seconded by
Alderman Merrett, that the City Clerk contact other municipalities to determine
their method of handling liquor license applications, and that the information
be reported back to City Council so that a consistent policy can be developed.
Carried Unanimously.
No. 101 - Niagara Frontier Humane Society - Re: "Adopt A Cat" Month. The
communication requests that Council proclaim the month of June as "Adopt A
Cat Month" in Niagara Falls.
In response to a question raised by Alderman Chessman, AIderman Dilts
indicated that as far as he knew, there was no rule requiring that cats must
be spayed or neutered before they ars sold or released by the Humane Society.
Alderman Dilts indicated that he was receiving many calls from residents
complaining about the number of cats running at large. The Alderman felt
-4-
that such an adoption program could compound this situation seriously, and
suggested the matter be deferred temporarily so that he could obtain further
information.
Alderman Cummings noted that the program was being sponsored by a
well known cat food company. The Alderman also commented on the nuisance
and damage caused by cats allowed to run loose in the City.
Following further comment, it was moved by Alderman Dilts, seconded by
Alderman Hinsperger, that the request be denied. Carried Unanimously.
REPORTS
No. 297 - Planning & Development Committee - Re: Official Plan Amendment No.
AM-8/80 Ten Partners, South Side of McLeod Road, Lots 5 - 10 Inclusive. The ram
recommends approval of the Official Plan Amendment to permit a change in the
Official Plan from residential to tourist commercial for the subject property.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
See By-law No. 80-9
NOTE: Alderman Graaskamp was absent when the vote
was taken on this matter.
Regency Mot / , S f a
corner of Kalar and Montrose Roads. The report recommends that Council confirm
the City's intention to initiate appropriate modifications to By-law 79-200
and Official Plan Amendment No. 71 in order to recognize the proposed recreatio~
uses which are subject to N.E.C. Development Permit applications N/L/80/69 and
N/I/80/75 and that the Niagara Escarpment Commission be informed that the
Municipality will initiate said modifications to facilitate the issuance of
building permits.
The Senior Planner and the Building & Development Co-ordinator provided
additional information in response to questions raised.
ORDERED on the motion of Alderman Fera, seconded by Alderman.£heesman, that
the report be received and adopted. Carried Unanimously.
No. 271 - City Manager - Re: Site Plan Approval for Proposed Additlon to the
Imax Theatre, 5400 Robinson Street. The report recommends approval of the sits
plan as submitted.
The Director of Municipal Works provided additional information respecting
the proposed site plan. Several members of Council expressed concern that
work had already started on the site without formal Counci~ approval of the
site plan.
Alderman Crasskemp expressed the concern that such areas often include
small ferris wheels which detracted from the appearance of the play area. The
City Manager advised that the play area will contain swings, climbing apparatus,
etc., however there will be no mechanical equipment.
In response to several questions raised, the City Manager advised that the
plan which had been originally submitted to Council on May 20th, had been withd~
at that time due to a question on parking. The question was of a minor nature,
and was subsequently clarified. The site plan was then initially approved by
City staff. The Building & Development Co-ordinator further advised that the
work done to date by the owner consisted of posts placed in asphalt, and did
not require a building permit.
Mayor Thomson commented further on the necessity at times in allowing
projects with deadlines to proceed, particularly when it appears mknor difficult
~ill be straightened out ~ery shortly.
~hotographs of the type of play area to be developed were distributed amon!
members of Council.
Following further comment, it was moved by Alderman Puttick, seconded by
Alderman Sobol, that the report be received and adopted. The motion Carried
with Alderman 6raaskamp voting contrary, and all others voting in fayour.
No. 299 - City Manager - Re: Falls Industrial Park Extension. The report
recoeweends that Coun~ii authorize the sale of Lot 2, Plan M-67 to Frank Zaniol
-5 -
In Trust, at the purchase price of $24,800 subject to the purchaser commencing
construction of a building within two years, and further that a 5% real estate
commission of $1,240 be paid to Mr. Charles Wood, Associate Broker of Leo LaPlante
Real Estate Ltd. as his commission on the sale of the property.
Alderman Schisler indicated that he was opposed to paying real estate
commissions on the sale of municipally owned industrial lands.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that
the report be received and adopted. The motion Carried with Alderman Schisler
voting contrary on the second recommendation, and all others voting in favour.
No. 300 - City Manager - Re: Lots 18 & 19, Falls Industrial Park Extension.
The report recommends that Council authorize the sale of Lot 18, Plan M-67 to
D.R. Paterson, proprietor of Gy-Roll Limited, at a purchase price of $21,405.50
subject to the purchaser entering into the usual Agreement of Purchase and Sale
with the City; and that Council approve a Request for Reserve on Lot 19 from
Mr. Paterson until August 1, 1981.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 301 - City Manager - Re: Balmoral Court Subdivision. The report recommends
that the Subdivisions Branch of the Ministry of Housing be advised that the
City concurs with a one year extension of draft plan approval to January 26,
1981 in respect to the proposed Balmoral Court Subdivision.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 302 - City Manager - Re: Bright's Subdivision. The report recommends that
the Subdivisions Branch of the Ministry of Housing be advised that the City
concurs with a one year extension of draft plan approval to September 23, 1981,
with respect to the proposed Bright's Subdivision.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 303 - City Manager - Re: Rodent Control in the City of Niagara Falls, 1980-81.
The report recommends that the quotation submitted by Niagara Pest Control Limited
for rodent control for one year from July 1, 1980 be accepted and an agreement
to this effect be excecuted. The report further recommends that exterminations
on private properties for the sum of $15.00 per extermination be absorbed by the
C~ty for the duration of the contract.
Alderman Merrett related a complaint he had received from a resident who
had gotten little or no response to a serious rat problem. Mayor Thomson explained
the procedure normally followed in handling such complaints, and advised that
there have been problems recently with the firm handling the current rodent
control contract with the City. The Mayor also advised that the current
labour problems at the Health Unit have also caused delays in handling such
complaints. It was hoped that once the new firm took over, the situation
would improve considerably.
In response to a question raised by Alderman Cummings, the Maintenance
and Operations Engineer indicated that one of the local firms listed in the
price summary had picked up tender forms for interest sake, and he was not
aware why the other firm had not bid.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that
~ the report be received and adopted.~ Carried Unanimously.
See By-law No. 80-101
No. 304 - City Manager - Re: Contract R.C. 9~80, Road Reconstruction and Storm
Sewer Construction on Pettit Avenue and Locus Avenue. The report recommends
acceptance of the unit prices submitted by L & N Construction for the subject
contract.
ORDERED on the motion of Alderman Merrett, seconded by Alderman H~nsperger, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 43
'See By-law No. 80-102
'No. 305 - City Manager - Re~ Contract R.C. 13-80, Finished Road Construction in
Parkway Gardens Subdivision and Base Asphalt in Mount Forest Mark III Subdivision.
The report recommends acceptance of the unit prices submitted by Steed & Evans
Ltd. for the subject contract.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 44
See By-law No. 80-10__3
.-a ! ~
i .! ' .I
I
; -,.:
.
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No. 306 - City Manager - Re: Niagara South Recreation Centre - Shower Room
Addition and Storage Addition. The report recommends that the services of
Donald N. Chapman Associates be acquired for the preparation of plans for
the addition to the Niagara South Recreation Centre; and that quotations be
called for construction of the proposed addition.
In response to a question raised by Alderman Merrett, Alderman Dilts
confirmed that the lay-out and design of the proposed addition have been
discussed with the Niagara South people.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 307 - City Manager - Re: Municipal Accounts. The report recommends paymem
of the municipal accounts.
The City Treasurer provided additional information regarding Cheques #570!
and #5704 in response to a question raised by Alderman Merrett.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
No. 308 - Loan Review Co~nittee - Re: Applications for Assistance. The
report recommends approval of four applications for assistance received under
the Ontario Home Renewal Program.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
No. 309 - City Manager - Re: Renewal Conference. The report recon~nends that
one person from the Building & Development Department be allowed to attend
the forum on Community Renewal Strategies for the 1980's which is to be held
at the Royal York Hotel in Toronto June 9 - 13.
ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 43 - MEREETT - NINSPERGER - RESOLVED that the unit prices-submitted by
L & N Construction and Excavating (Niagara) Limited for the reconstruction
of roads and the construction of storm sewers on Pettit Avenue and Locus
Avenue, be accepted at the tendered price of $208,098.75; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimousl,~
No. 44 - MERRETT - HINSPERGER - RESOLVED that the unit prices submitted by
Steed & Evans Limited for the construction of roads and base asphalt in Parkway
eardens Subdivision and Base Asphalt in Mount Forest Mark lII Subdivision, be
accepted at the tendered price of $65,411.11; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously
m
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. 80-99 - A By-law to provide for the adoption of an amendment to the Offid
Plan of the Niagara Falls Planning Area. (No. 118, Ten Partners)
No. 80-100 - A By-law to authorize the sale of land in the Falls Industrial
Park Extension.
No. 80-101 - A By-law to authorize the execution of an agreement With Niagara
Pest Control Ltd. for rodent control services.
No. 80-102 - A By-law to authorize the execution of an agreement with L & N
Construction and Excavating Niagara Limited for the reconstruction
of roads and the construction of storm sewers.
No. 80-103 - A By-law to authorize the execution of an agreement with Steed end
Evans Limited for the construction of roads and base asphalt.
No. 80-104 - A By-law to authorize the sale of land to Maris Cardemons.
No. 80-105 - A By-law to authorize the sale of land to Cornelius Flnnegan.
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No. 80-106 - A By-law to authorize the sale of land to Pasquale P. Perrotta.
No. 80-107 - A By-law to authorize the execution of a lease with the Minister
of Transportation and Communications. (Victoria Avenue Parkette)
No. 80-108 - A By-law to amend By-law No. 3790 being a by-law for the regulation
of traffic. (Ontario Avenue)
No. 80-109 - A By-law to provide monies for general purposes.
ORDERED on the motion of
the following by-laws be
Carried Unanimously
Alderman Fera, seconded by Alderman Hinsperger, that
now read a second and third time:
No. 80-99 - A By-law to
Plan of the
No. 80-100 - A By-law to
Extension.
provide for the adoption of an amendment to the Official
Niagara Falls Planning Area. (No. 118, Ten Partners)
authorize the sale of land in the Falls Industrial Park
No. 80-101 - A By-law to authorize the execution of an agreement with Niagara Pest
Control Ltd. for rodent control services.
No. 80-102 - A By-law to authorize the execution of an agreement with L & N
Construction and Excavating Niagara Limited for the reconstruction
of roads and the construction of storm sewers.
No. 80-103 - A By-law to authorize the execution of an agreement with Steed and
Evans Limited for the construction of roads and base asphalt.
No. 80-104 - A By-law to authorize the sale of land to Maris Cardamone.
No. 80-105 - A By-law to authorize the sale of land to Cornelius Finnegan.
No. 80-106 - A By-law to authorize the sale of land to Pasquale P. Perrotta.
No. 80-107 - A By-law to authorize the execution of a lease with the Minister
of Transportation and Communications. (Victoria Avenue Parkerie)
No. 80-108 - A By-law to amend By-law No. 3790 being a by-law for the regulation
of traffic. (Ontario Avenue)
No. 80-109 - A By-law to provide monies for general purposes.
Carried UnanimouSly
NEW BUSINESS
WEEDS
Alderman Cummings stated that he had recently driven by F.H. Leslie Park
and had been disturbed to see the length of we~ds in the park. The Alderman
felt that if the City was going to provide sports and recreational facilities,
they should be maintained on a more acceptable level, even if additional staff
and equipment were required.
In response to a question raised by Alderman Sobs1, Mayor Thomson indicated
that there had been no severe cut-backs in the parks and cemeteries section of
~'the operating budget. The Director of Municipal Works advised that the Parks
'and Cemeteries Superintendent was preparing a report which would also include
a question raised previously on the cutting of boulevards.
Alderman Dtlts stated that weeds on vacant lots are also a problem in the
City and felt that the City should have been taking steps by now to have the
lots cleared and the owners charged. The Alderman also suggested that summer
students could be used to cut weeds,
Alderman Schisler pointed out that in some cases, while weeds were
unattractive, they were not always considered to be noxious weeds and the City
had no authority to order owners to have the weeds cut. Alderman Dtlts
suggested that consideration be given to expanding 'the types of weeds covered
in this legislation.
MINI-BIKES
Alderman Dtlts advised that the use of mini-bikes in residential areas
was continuing to be a problem in the City. In some instances, parents
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were concerned that their young children could be injured by these vehicles.
Alderman Cummings indicated that this matter had Just been discussed by the
Recreation Commission a week earlier. Mayor Thomson requested the City Manage~
to provide an update on the study being undertaken by the Recreation Commissior.
on the feasibility of providing an area especially for the use of mini-bikes.
SUMMER STUDENTS
Alderman Dilts requested a report on the number of summer students hired
by the City and the areas in which they were employed. The Alderman felt that
students could be used to assist in some of the City's problem areas.
HERITAGE SPECIALIST
Alderman Sobol advised that the Lundy's Lane Museum had an opportunity
to obtain the services of a Heritage Specialist, and required permission from
the City to use funds to pay for this service. If the City approved the use
of funds for this purpose, the Museum would be eligible to apply for a grant
from Wintario to assist in paying the cost of the services of a Heritage
Specialist. The Alderman advised that the funds to be used had been allocated
for the hiring of an assistant curator, and this position had not been filled
as yet. It was moved by Alderman Sobol, seconded by Alderman Orr, that the
City approve the use of operating funds to obtain the services of a Heritage
Specialist for the Lundy's Lane Museum. Carried Unanimously.
COMPLAINTS - BECKERS PLAZA ON WILLOUGHBY DRIVE
Alderman Mackenzie advised of a problem recently brought to his attention
regarding the loitering and unnecessary noise of youths at the Beckers Plaza
on Willoughby Drive. The problem had become serious, and only several nights
earlier a fire had been set and a City hydrant opened. Mayor Thomson felt that
the problem would require the attention of the Regional Police. The City
Clerk advised that the noise problem could possibly be dealt with under the
City's noise control by-law.
BUS STOP ON QUEEN STREET
Alderman Grasskemp advised that he had spoken to a number of merchants
on Queen Street who would like to have the bus stop on the north side of Queen
Street Just west of St. Lawrence Avenue, relocated to the other side of
St. Lawrence Avenue. In this way, the buses would be stopping in front of the
blank brick wall of the Dominion Grocery Store rather than in front of the
business windows of these merchants. It was moved by Alderman Crasskemp,
seconded by Alderman Chessman, that the matter be referred to staff for the
preparation of a report. Carried Unanimously. ;
PUBLIC WASHROOM - CENTRE STREET AREA
Alderman Graaskamp advised that a number of businesses in the Centre Stref
area have inquired into the possibility of the City providing public washroom
facilities in the area. The Building & Development Co-ordinator advised that
this matter had been considered previously, however none of the merchants wants
such a facility located near their businesses, and the idea had been discarded.
MRS. L. LEPAGE, ST. CATHARINES STANDARD
Mayor Thomson advised that a replacement had been found for Mrs. Lorraine
LoPage of the St. Catharines Standard, who had recently been promoted to a
higher position with that newspaper. The Mayor thanked Mrs. LePag@ for the
gift of chocolates given to the Council.
FINANCE COMMITTEE
Alderman Cheesman reminded the members of the Finance Committee that
there would be a meeting on Wednesday, June 4, 1980.
It was moved by by Alderman Cheesman, that the
meeting adjourn. Carried
READ ADOPTED,
mm
TWENTY-FOURTH MEETING
Council Chambers
June 9, 1980
REGULAR MEETING
Council met on Monday, June 9, 1980 at 7:40 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman Grasskemp. His Worship, Mayor Thomson presided as
Chairman. Alderman Dilts offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett,
that the minutes of the meetings held on May 20th and June 2nd, 1980, be
adopted as printed. Carried Unanimously.
PRESENTATION OF MUNICIPAL TRAINING COURSE CERTIFICATES
Report No. 310 - City Manager - Re: Municipal Training Courses. The report
recommends that certain staff members be presented with their certificates for
the successful completion of M.T.C. courses.
His Worship, Mayor Thomson presented the following certificates: Municipal
Road Design - Mr. Bob Dartall and Mr. Danny Redice, Municipal Soils - Mr. Larry
Delazzer and Mr. Nelson Walroth, and Municipal Concrete - Mr; Greg Dixon.
Mr. Nelson Rare who was not in attendance at the meeting, will also receive a
certificate for completion of the Municipal Concrete course.
UNFINISHED BUSINESS
MOTORCYCLE FACILITY
Report No. 311 - Recreation Commission - The report recon~nends that the persons
signing the petition requesting a motorcycle facility and all others interested
be notified of the Stevensville Junior Speedway.
Mayor Thomson advised that he did not feel the recommendation would
satisfy the problem entirely. The facility in Stevensville is fairly remote
to most people in the City, and the Mayor indicated that his intention in
requesting the report was to have the Municipality investigate the possibility
of locating available lands (either privately or municipally owned), that
could be used for that type of facility.
Alderman Merrett asked if the study of this matter had been directed
more toward a supervised area as opposed to Just trying to find available land.
The Director of Recreation stated that the Commission had started out looking
at locations, but as more investigations were.done, the more it was found
that problems were encountered with unsupervi~ed areas. The courses with hills
and winding pat~s were very dangerous and difficult to supervise. This
information had led the Commission to investigate the supervised circular
track type of facility. The Director of Recreation further advised that since
most mini-bike operators are in the seven to ten year age bracket, most
parents would want their children using a supervised facility.
Alderman Herrerr agreed that the provision of such a facility in Stevensville
would not really solve the problem in Niagara Falls, and suggested that
consideration be given to some local site, even the new City owned industrial
lands on Garner-Road if necessary.
Mayor Thomson requested that the Commission hold further discussions on
the matter, in the hope that.some suggestions can be made on the provision of
local facilities.
It was moved by Alderman Schisler, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
HIRING OF SUI~fi4ER STUDENTS
Report No. 312 - City Manager - The report provides information on the
number of students hired by the City in the summer, and where-they are employed.
2
Alderman Fern suggested that since some of the students commence em-
ployment in May, they could be used in landscaping and weed cutting in May.
The City Manager advised that this will be considered for next year's
season,
In response to a question raised by Alderman Fern, the Personnel
Officer advised that those students hired for the Parks, Planning, Building
and Engineering departments, are post-secondary school students whose
activities at school would benefit by working in these departments. As
far as the pools are concerned, life guards and assistant guards must be
trained, however the groundskeepers are basically labourers. In response
to a further question raised, the Personnel Officer stated that the
economic needs of the student are not considered when hiring.
Alderman Sobol suggested that students be hired to work as floaters,
to be used in problem areas. The City Manager indicated that this had been
done in past years, however due to financial restraints during the past
several years this practice had been cut out.
Following further comment, it was moved by Alderman Dilts, seconded
by Alderman Chessman, that the report be received and filed. Carried
Unanimously.
SCHOOL CROSSING GUARDS
Report No. 313 - CIty Manager - The report recommends that upon attaining 70
years of age, all school crossing guards must produce a medical certificate
from their doctor certifying that they have undergone a complete medical
examination and in the opinion of the doctor are medically capable of
performing the duties of a school crossing guard. Further certificates will
be required every six months, and any costs involved in obtaining the medical
certificates will be the responsibility of the crossing guard.
Alderman Cummings referred to the previous discussions on this matter
when it had been requested that the comments of the School Boards be obtained,
and asked if any input had been received. The Personnel (~f~tcer advised
that the Boards have been contacted, however possibly due to the lateness--in'
the school year no reply had been received.
Alderman C,,mmings felt that there would be no harm in delaying a decision
on the matter until a reply had been received from the School Boards. It was
moved by Alde~man C,,mmtngs, seconded by Alderman Merrett, that the report be
tabled pending input from the School Boards. Carried Unanimously.
GRASS CUTTING OPERATIONS
Report No. 314 - City Manager - The report provides information on grass
cutting operations during the year, and recommends that additional monies be
considered in the 1981 budget to allow better control of certain weeds
(particularly dandelions) fn the City's parks and cemeteries.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fern, that
the report be referred to the Finance Committee. Carried Unani~ousl7.
FLOODLINE MAPPING PROGRAM - NIAGARA PENINSULA CONSERVATION AUTHORITY
On display in the Council Chambers, were maps showing those lands which
have been designated as hazard lands in Zoning By-law 79-200 (shown in blue)
as well as those lands for which floodline mapping has not been carried out
(shown in green). The hazard lands established in By-law 79-200 basically
conformwith the proposals of the Conservation Authority as far as floodline
mapping is concerned. The Director of Municipal Works advised that the
reason for advertising the City's intent to carry out floodline ~apping, was
.to determine if local residents wished to provide any input into the proposed
areas.
Mayor Thomson asked if there were any persons in attendance who wished
to comment on the proposed floodline mapping. Mr. L. Bowman, a property owner
on Beechwood B~ad at Beaverdams Road, asked what the program would involve.
The Director of Municipal Works advised that the purpose of floodline mapping
was to establish the lands which would be susceptible to flooding and institut
filling restriQ~ions to protect the floodlines of existing watercourses.
Mr. C. Leuty of the Authority, explained that the floodlines cover the lands
a river or watercourse might want to use from time to time and are based on
the largest storm in southern Ontario. If filling operations are carried
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out within the flood plain, this takes up the flood storage space. During
a storm, the water would then have to rise higher elsewhere which could affect
housing located near the flood plain.
Mr. A. Goar of Group 2 Development Ltd., advised that his firm had two
objections to By-law 79-200 involving lands north of Thorold Stone Road and
Welland Securities lands north of Creek Road, which involve establishment of
hazard lands. Mr. Goar further advised that his firm was working with Planning
Department staff and the Authority in an effort to resolve these concerns.
The Director of Municipal Works advised that the Authority requires
the Cityts approval of the mapping carried out to date, and approval to proceed
with mapping of the Welland River. In response to a question raised by
Alderman Cheesman, Mr. Leuty advised that it was not necessary to obtain the
approval of the local member of the Provincial Legislature, only to make him
aware of the City's intentions.
Following further comment, it was moved by Alderman Chessman, seconded
by Alderman Dilts, that Council approve the floodline mapping done to date in
the City, and further that approval be granted to proceed with floodline
mapping on the Welland River. The motion Carried with Alderman Mackenzie
abstaining on a conflict of interest, and all others voting in favour.
See Resolution No. 45
COMMUNICATIONS
No. 102 - Royal Canadian Legion, Branch 51 - Re: Legion Week, September 14 - 21,
1980. The communication requests that the week of September 14 - 21, 1980, be
proclaimed "Legion Week" in Niagara Falls.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that
the request be approved subject to the established policy. Carried Unanimousix.
No. 103 - Regional Municipality of Niagara - Re: 1980 Reglonal Tax ~evy.
The communication advises of the 1980 Regional tax to be levied against the
City, less the interim levy paid.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that
the communication be received and filed. Carried Unanimously.
No. 104 - Regional Municipality of Niagara - Re: Representation on the Niagara
Regional Board of Commissioners of Police. The communication advises of a
resolution passed by Regional Council requesting that the Regional Municipality
of Niagara Act be amended to provide that the Board consist of four members
of Regional Council appointed by Regional Council, and three persons appointed
by the Lieutenant Governor in Council.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cumaings, that
the communication be received and filed. Carried Unanimously.
No. 105 - Downtown Board of Management - Re: Transient Traders Licences. The
communication requests that Council petition She Provincial Government to amend
the Municipal Act to provide that all retailbusinesses currently eligible for
licencing by a municipality whose names are not entered on the assessment roll
or are entered on it for the first time, pay a transient traderts litante fee
before commencing to trade, and that the municipality be permitted to refund
that part of a transient trader's litante fee that exceeds the business tax and
_.the real property taxes on the land used in connection with it if the land is
owned by the person carrying on the business, during the year the licence was
issued and five years thereafter.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that the
request be approved. Carried Unanimously.
See Resolution No. 46
No. 106 - Shaw Theatre Guild - Re: 2nd Annual Theatrical Garden Party. 1~e
communication extends an invitation to the Council to attend the party sponsored
by the Shaw Festival Theatre Guild, on July 5, 1980.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the
communication be received and filed. Carried Unanimously.
REPORTS
No. 314 - Recreation Commission - Re: Parking - Niagara Falls Arena Parking Lot.
The report recommends that no parking be allowed at the Niagara Falls Arena parking
lot at any time, other than users of the facility.
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In response to a question raised by }hyor Thomson, the Director of
Recreation advised that the Area Recreation Board had found that a number
of buses and trucks were parking in one section of the lot where children
play. This one section of the property had been closed off specifically
for a ball area for children, and the restriction would apply only to that
area.
Mayor Thomson suggested that someone contact the persons parking in
the area and suggest they park elsewhere, instead of restricting the entire
lot. The Mayor pointed out that much of the time the lot is not being used
and as long as vehicles parked away from the play area, there should be no
problem. One vehicle in particular had been given permission to park in
the Arena lot, and the Mayor asked if there was a problem. Alderman Cummings
indicated that although there was an agreement with this individual.to park
in a specific area, he was still parking elsewhere, and the problem had been
compounded with tour buses parking on the lot now. Alderman Schisler
confirmed that the individuals involved have been asked on more than one
occasion to park in the proper area.
Alderman Fern did not feel the vehicles parked in the lot were interferi~
with the children's playing area.
Following further comment, it was moved by Alderman Cummings, seconded
by Alderman Schisler, that the report be received and adopted. The motion
was Defeated with the following vote:
AYE: Aldermen Cummings, Orr and Schieler.
NAYE: Aldermen Cheesman,-Dilts, Fera, Hinsperger, Merrett, Puttick, Sobel
and Mackenzie.
It was then moved by Alderman Hinsperger, seconded by Alderman Cheesman,
that the persons involved be contacted and requested to park in the appropriat!
location in the parking lot. The motion Carried with the following vote:
AYE: Aldermen Chessman, Dilts, Fern, Hinsperger, Merrett, Orr, Puttick, Sob~
and Mackenzie.
NAYE: Aldermen Cummings and Schisler.
No. 315 - City Manager - Re: Lawn Bowling. The report recommends that $10,00C
be paid to the Niagara Falls Badminton, Tennis and Lawn Bowling Club as payme~
to lease their lawn bowling greens for a period of one year, and that the
appropriate legal agreement be prepared outlining the responsibilities of each
party.
Alderman Cummings pointed out that Council had authorized staff to
negotiate up to $10,000 for leasing of the facility. The Alderman stated
that knowing the budget for the lawn bowling facility at:the Badminton Club
last year, he could not vote in favour of the $10,000 figure.
Alderman Chessman explained that the $10,000 figure did not represent
the costs of the Badminton Club in providing the lawn bowling facility. The
$10,000 would also include a certain amount of income over and above the
operating costs which is standard in most leases. The lease would ensure
the availability of lawn bowling facilities for residents in the City, and
at the same time provide a source of revenue to the Club enabling it to
tend to other matters involved in the entire operation.
Alderman Marterr had hoped the lease would be for a lesser amount, howev~
he did not feel the City could turn the matter down now and risk losing the
only lawn bowling green in the City.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman err, that
the report be received and adopted. The motion Carried with the following
AYE: Aldermen Chessman, Dilts, Fera, Hinsperger, Merrett, Orr, Puttick and
Mackenzie.
NAYE: Aldermen Cummings, Schisler and Sobel.
No. 316 - City Manager - Re: Canadian Parks/Recreation Association Conference.
The report recommends: 1) That the expenses for Alderman 8chisler to attend tl
Canadian Parks/Recreation Association conference be taken from the Council
conference account| and 2) That two members of the Recreation Commission and
one staff member, as previously approved in the Commission budget, be
approved to attend the conference to be held in Halifax from August 17 - 20~
Alderman Cemmings did not feel it was necessary to send four persons to
the conference, particularly in vieWer the cost of 9700 per person. The
-5 -
Alderman felt that one staff member, one volunteer and one member of Council
would be more than sufficient to cover the conference activities well.
Mayor Thomson stated that the additional Commission member had been
suggested, since there are several separate sessions being held, and it was
felt the additional person could cover these additional sessions and bring
back valuable information. The Director of Recreation confirmed that the
additional person would be of advantage in attending the various workshops
and picking up as much information as possible.
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 Chessman, Dilts, Fera, Hinsperger, Merrett, err, Puttick and
Mackenzie.
NAYE: Aldermen Cummings and Sobel.
NOTE: Alderman Schisler declared a conflict of interest, and
abstained from voting on the matter.
No. 317 - Planning & Development Committee - Re: Private Clubs and Recreational
Uses Outside the Urban Area Boundaries. The report recommends that Planning
Department staff comments, as reviewed by the Planning & Development Committee,
be forwarded to the Regional Municipality of Niagara.
Alderman Merrett provided additional information on this matter regarding
the Committee's consideration of the report.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 318 - City Manager - Re: Granting Easement to Ontario Rydro along Portions
of the Conrail Drainage Channel. The report reconmends that the easement
requested by Ontario Hydro along the southerly limit of the Conrail Drainage
Channel be granted, at a sum of $6,600 to be paid by Ontario Hydro.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobel, that
the report be received and-adopted. Carried Unanimously.
See By-law No. 80-110
No. 319 - City Manager - Re: 1980 MEA/MOE Training Courses. The report
recommends that four members of staff be authorized to attend courses sponsored
by the Municipal Engineers Association and the Ministry of the Environment.
The City Manager and Director of Municipal Works provided additional
information on the report.
ORDERED on the motion of Alderman Fern, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
No. 320 - City Manager - Re: Co-operative CorruRated Steel Pipe Tender. The
report recommends acceptance of the low tender as submitted by Canada Culvert.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 321 - City Manager - Re: Property & Sales Tax Credits. The report provides
information on the new pensioner grant program that will replace the Provincial
property and sales tax credit system presently operated through the income tax
system.
ORDERED on the motion of Alderman Sobel, seconded by Alderman Merrett, that the
report be received and filed. Carried Unanimously.
No. 322 - City Manager - Re: Four Month Revenue & Expenditure Report and Status
of Tax Arrears. The report provides information on the revenue and expenditures
for tax supported services, water supply and the parking operation to April 30,
1980, as well as information on tax arrears.
ORDERED on the motion of Alderman err, seconded by Alderman Cummings, that
the report be received.and filed. Carried Unanimously.
No. 323 - City Manager - Re.: Municipal Accounts. The report recommends payment
of the municipal accounts.
Mayor Thomson provided information on Cheque #5786 in response to a question
raised by Alderman Puttick.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Sehisler, that
the report be received and adopted. The motion:Carried with Alderman Merrett
abstaining on a conflict of interest On Cheque ~5734, and all others voting in
fayour,
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No. 324 - City Manager - Re: Appointments to Boards, Committees, etc. The
report recommends that Alderman Mackenzie be asked to fill the aldermanic
appointments previously held by former Alderman Wallman and that the Council
appoint a representative on the Board of Directors - United Way and the
Performance Evaluation Working Group.
Alderman Sobol indicated that since Alderman Mackenzie was already a
member of the Board of Museums, she would resign from that appointment and.
serve on the Performance Evaluation Working Group. Alderman Mackenzie
indicated that he would accept the appointment to the Board of Directors of
United Way if the meetings would not conflict with other committee meetings.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that the report be received and adopted, and further that Alderman Sobol
be appointed to the Performance Evaluation Working Group and Alderman Mackenzi~
to the Board of Directors for United Way. Carried Unanimously.
RESOLUTIONS
No. 45 - CHEESMAN - DILTS - RESOLVED THAT WHEREAS under Section 27 (e) and (f)
of the Conservation Authorities Act, the Conservation Authority with the appro,
of the Lieutenant Governor in Council may make regulations applicable in the
area under its Jurisdiction regulating or requiring the permission of the
Authority for the construction of any building or structure or the placing or
dumping of any fill in areas susceptible to flooding during a regional storm;
AND WHEREAS the Niagara Peninsula Conservation Authority has prepared draft
regulations and the appropriate mapping defining the extentof flooding under
a regional storm;
THEREFORE BE IT RESOLVED that the Municipality of the City of Niagara Falls
does accept the floodline mapping in the City of Niagara Falls prepared by
the Authority to date and does support the proposed regulations;
AND BE IT FURTHER RESOLVED that the City of Niagara Falls requests the Niagara
Peninsula Conservation Authority to undertake the necessary floodline mapping
of the Welland River within the City of Niagara Palls; AND the Seal of the
Corporation be hereto affixed.
Carried with Alden
.,.Mackenzie abstaini'
on a conflict of
interest, and all~
voting in fayour.
No. 46 - SOBOL - MERRETT -'RESOLVED THAT WHEREAS paragraph 17 of section 383 o
The Municipal Act, R.S.O. 1970, provides, in part, that by-laws may be passed l
councils of municipalities having a population of less than 100,000 for requir
transient traders and other persons whose names are not entered on the assessm
roll or are entered on it for the first time, in respect pf business assessmen'
and who offer goods, wares or merchandise for sale, to pay a licenee fee befon
commencing to trade and that the sum paid for a license shall be credited to
the person paying it, or to any bona fide purchaser of the business, and in
respect of real property taxes on the land used for the purpose of or in
connection with the business if the land is owned by the person carrying on th
business, during the year in which the licenee was issued and five years
thereafter; and
WHEREAS the intent of this legislation would appear, in part, to be the protee
of local businesses from competition by those who pay no local taxes; and
WHEREAS the existing legislation would appear to provide this protection only
so long as a business offers "goods, wares and merchandise for sale" but not
where a business does not offer "goods, wares Or merchandise for sale" such
as a business that offers a service; and
WHEREAS the existing legislation does not permit a municipality to. refund any
part of the licence fee collected where business tax and property tax for the
year in which the licence was issued and the five years thereafter. does not
exceed the amount of the ltcence fee paid by a transient trader;'
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City
of Niagara Falls hereby requests the Province of Ontario to cause such amendme'
to the Municipal Act in the form of permissive legislation to be made as well
ensures 1) That all retail businesses currently eligible for licensing by a
municipality as provided by the Municipal Act, R.S.O. 1970, except
those businesses specifically excluded under clauses b and c of
said paragraph 17 of section 383 of The Municipal Act, whose names
are not on it for the first time, pay a transient trader's licence
fee before commencing to trade; and
2} That a municipality be permitted to refund that part of a transient
trader's licence fee that exceeds the business taxes and the real
property taxes on the laud used in connection with it if the land
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is owned by the person carrying on the business, during the
year the licence was issued and five years thereafter;
AND the Seal of the Corporation be hereto affixed.
Carried UnanimouslZ
BY-LAWS
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. 80-110 - A By-law to authorize the execution of a grant of easement to
Ontario Hydro.
No. 80-111 - A By-law to authorize the sale of land to Joseph Lillo.
No. 80-112 - A By-law to provide monies for general purposes.
Carried with Alderman
Merrett abstaining on
Cheque #5734 of By-law
80-112, and all others
voting in favour.
ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that
the following by-laws be now read a second and third time:
No. 80-110 - A By-law to authorize the execution of a grant of easement to
Ontario Hydro.
No. 80-111 - A By-law to authorize the sale of land to Joseph Lillo.
No. 80-112 - A By-law to provide monies for general purposes.
Carried with Alderman
Merrett abstaining on
Cheque #5734 of By-law
80-112, and all others
voting in favour.
NEW BUSINESS. ,,
FLOODLINE MAPPING
Mr. P. Grandoni commended City Council for adopting the floodline mapping
as proposed by the Niagara Peninsula Conservation Authority. Mr. Grandoni was
given a copy of the Authority's information on floodline mapping.
WALKWAY ~ MONROE SUBDIVISION
Alderman Fera advised that residents of the Monroe Subdivision had been
requesting the Municipal Works section to provide a walkway at the end of
M~Kinless Crescent for three years, without success. Students are apparently
taking shortcuts through the backyards of residents on McKinless, and damage
has been done to gardens and even windows. The Alderman asked if monies had
been deposited with the City to construct the walkway. The Director of Municipal
--Works indicated that he was not sure if monies were on deposit to construct the
walkway and would have to check it out. With respect to the walkway, the
Director of Municipal Works advised that the City would not normally construct
the walkway until 80% of the lots in the subdivision have been built upon, in
· accordance with City policy. This could have been the reason for the apparent
delay in responding to the requests. It was moved by Alderman Chessman,
seconded by Alderman Fera, that the matter be referred to staff for the
preparation of a report. Carried Unanimously.
N-TEC FILM PRESENTATION
Alderman Dilts advised that he had represented the City at a recent N-Tee
meeting, he had the opportunity of viewing a film presentation on the work of
N-Tee, The Alderman indicated that he had been very impressed, and felt that
it would be of benefit to have the film presented to Council at a future meeting,
It was moved by Alderman Dilts, seconded by Alderman Merrett, that N-Tee be
invited to make a brief presentation at a future Council meeting. Carried
Una~imously.
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Y.W.C.A. ART AUCTION
Alderman Cheeaman indicated that he had represented the City at the
recent Y.W.C.A. Art Auction, and had found the event to be a very pleasant
occasion.
MESSAGE OF THANKS
Mayor Thomson thanked those members of Council who had assisted his office
in representing the City at recent functions. The Mayor also thanked those
members of Council for attending the tour of municipal facilities.
It was moved by Alderman Puttick, seconded by Alderman Cheesman, that the
meeting adjourn to Committee of Carried Unanimously.
READ AND ADOPTED,
J.L. COLLINSON, CITY CLERK
MAYOR WAYNE THOMSON
Committee Room #1
June 9, 1980
Council met in Committee of the Whole on Monday, June 9, 1980, following
a regular meeting. All members of Council were present with the exception of
Alderman Graaskamp. Alderman Hinsperger presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
READ AND REPORTED,
, CITY
MAYOR WAYNE THOMSON
Council Chambers
June 9, 1980
Council reconvened in formal session on Manday, June 9, 1980, following
a meeting in Committee of the Whole. All members of Council were present with
the exception of Alderman Graaskamp. His Worship, Mayor Thomson presided as
Chairman.
The meeting adjourned.
READ ANDADOPTED,
MAYOR WAYNE THOMSON
TWENTY-FIFTH MEETING
Council Chambers
June 23, 1980
REGULAR MEETING
Council met on Monday, June 23, 1980 at 7:40 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Aldermen Puttick and Sobol. His Worship, Mayor Thomson
presided as Chairman. Alderman Fera offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett,
that the minutes of the meeting held on June 9, 1980, be adopted as printed.
Carried Unanimously.
WELCOME
His Worship, Mayor Thomson extended a welcome to Mr. Bob Haley and the
Boy Scouts of Troop #12, Oakland Presbyteria~ Church from Springfield, Ohio.
PRESENTATIONS
TWENTY-FIVE YEAR PLAQUES
His Worship, Mayor Thomson presented Twenty-Five Year Service Plaques
to Mr. V. Picca of the Sanitation Department and Mr. P. Rioux of the South
End Depot.
ACHIEVEMENT AWARDS - NIAGARA FALLS BOXING CLUB
His Worship, Mayor Thomson presented achievement awards to the'coaches
and members of the Niagara Falls Boxing Club for various awards and competitions
won during 1979 and 1980. Present to receive awards were Mr. Robhie Fortuna,
Mr. Ross Risselli, Mr. Mike Little,'Mr. John DeGazio Jr., Mr. John DeGazio Sr.,
and Mr. R. McGibbon. Mr. DeGazio accepted awards on behalf of Mr. Dennis McNeil Jr.
and Mr. Dennis McNeil St.
ACHIEVEMENT AWARDS - A.N. MYER SENIOR SOCCER TEAM
His Worship, Mayor Thomson presented achievement awards to the coach
and members of the A.N. Myer Senior Soccer Team who won the Ontario Federation
of Schools Athletic Association, Senior Soccer Championship in May of this
year. Present to receive awards were Mr. Martin Biesell, Mr. Dean Allen,
Mr. Peter Claussen, Mr. Nick Compare, Mr. Eddy Fantinel, Mr. Tony Gatto,
Mr. John Hare, Mr. A1 Janvary, Mr. Mike Lopoyda, Mr. Pete Marchess, Mr. Neil
McLeod, Mr. Tom Mussari, Mr. Joe Pagano, Mr..Gord Paterson, Mr. Dennis
Patterson, Mr. Darryl Styles and Mr. Carmen Scerbo. Awards will also be
presented to Mr. Keith Jenkins, Mr. Louie Stranges, Mr. Vince Stranges and
Mr. Kevin Wilson who were not in attendance at the meeting.
REGIONAL NIAGARA CHILDREN'S SERVICES COMMITTEE
Regional Councillor Ronald Book, Chairman of Niagara Children's Services
Committee addressed Council regarding the work of that Committee. Councillor
Book advised that he would be speaking to all the municipal councils within
the Region to explain the work of the Children's Services Committee and keep
those councils advised of the progress made. The Committee will be attempting
to integrate and co-ordinate the servicing of children, including Children's
Aid, care of the mentally retarded, crippled children and Daycare. Mr. Book
explained that Niagara was one of the four pilot projects selected by the
Province in February of 1979. The Committee has been meeting with the
other pilot project committees on a regular basis. The project will be carried
out in three phases, the first of which has recently been completed. The
second phase will involve the establishment of the needs of children throughout
the Region, and the Committee would work with each agency in existence in
ensuring any gaps are eliminated and that no.duplication occurs. In the third
phase, the Ministry of Community and Social Services will begin funding the
Region and the Region in turn will fund the Committee. Mr. Book advised that
toward the end of 1981, he will again speak to the municipal councils to bring
them up to date on the developments that have taken place. Mr. Book provided
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additional information in response to a number of questions raised by members
of Council. Mr. Book also introduced Mr. M. Cushing, Executive Director of
the Children's Services Committee. Mayor Thomson thanked Councillor Book for
his presentation.
DEPUTATION
MR. R. BARR - LOCAL IMPROVEMENTS ON PETTIT AVENUE
Mr. R. Barr was granted permission to address City Council on the motion
of Alderman Hinsperger, seconded by Alderman Cummings. Mr. Barr stated that
when a work crew was recently noticed on Pettit Avenue digging near the front
of the lots, it had been a surprise to many of the residents to learn that
sewers, and curbs and gutters were to be constructed on the street under the
Local Improvement Act. According to the City's Engineering Department, the
work had been petitioned by the residents, however upon checking, no copy of
such a petition could be found. Mr. Barr indicated that he took a copy of the
notice mailed to property owners around to his neighbours and asked if they
had seen the notice before. Some of the residents did recall seeing the notice
and others did not. Mr. Barr pointed out that the notice referred to certain
work being constructed on Pettit Avenue from the south limit of Registered Plan~
215 to the north limit of Registered Plan 215. Mr. Barr felt that to many of
no significance and they would have likely ignored the notice. A n
arranged by neighbourhood residents, and Alderman Merrett and City staff were
in attendance. From that meeting, a petition was made by the residents request!
that the City not install the storm sewers, curbs and gutters, and asphalt
pavement on Pet,it Avenue. The petition was signed by twenty-one of the
twenty-eight or twenty-nine people on the street. Mr. Barr stated that the
residents have not had flooding problems and did not require storm sewers on
the street. While curbs and gutters are attractive, the residents did not
feel they were necessary~
The Director of Municipal Works advised that notice was published in the
local newspaper under Section 12 of The Local Improvement Act allowing time for
residents to object to the local improvements. If 50% of ~aaa property owners
affected were opposed to the work being done, it would automatically be cancellM
The Director of Municipal Works agreed that the residents could misunderstand
the reference in the notice to the limits of the registered plan. Having
received no objections to the notices, a contract was called by the City
and awarded to L & N Constr~ction at a price of $117,000. With respect to
the necessity of storm sewers, the Director of Municipal Works indicated that
although the residents on Pet,it Avenue were not experiencing flooding, the
proposed sewer was-intended to assist with the flooding that occurs on Doreen
Drive. ~
In response to a question raisedby Mayor Thomson, the Director of
Municipal Works stated that it was proposed to have all the sewers east of
Pet,it Avenue installed, including this section on Pet,it Avenue. The proposed
sewer would take storm drainage out at the top end of the system, which now
goes to Dotsen Drive. It was further advised that the contractor had been
contacted and would be willing to extend his contract prices for work in anothe
area. The M.T.C., which is involved in subsidizing the work, felt that it
could go along with extending the prices, but wished to reserve some Judgemen,
on the proposal. Contact will also be made with the Heavy Construction
Association to obtain its position on extending the contract prices. The
Director of Municipal Works further advised that approximately $5,000 to
$6,000 of staff time had been spent in preparing the design for the sewer
and since the M.T.C. gives a 5% grant for engineering on any project,. the subsi
for the engineering done to date would be lost.
Alderman Hinsperger asked if Doreen Drive properties will still have
flooding problems if the sewer on Pet,it Avenue was not constructed. The
Director of Municipal Works stated that a large part of the sewers in the area
must be separated in order to achieve a solution to the flooding problems.
everything else in the area were separated except the sewer on Pet,it Avenue,
Doreen Drive would likely be allright.
Alderman Merrett provided additional information on the meeting held with
theresidents, end indicated that the problem seemed to revolve around the typ~
of notification sent to the residents. The Alderman hoped that Council would
consider not having the sewer constructed.
In response to a question raised by Alderman Grasskemp, Mr. Barr stated
that he was quite accustomed to receiving and understanding City documents,
3
and since he had been involved in the development of the area, he would have
understood the reference to the limits of the registered plan had he received
such a notice. Mr. Barr again stated that he had not received the local
improvement notice. Alderman Graaskamp felt that in the future, more care
should be taken in the notices to be sent out so that affected property
owners would have a complete understanding of the work to be done and the
costs involved. With respect to extending the contract prices, Alderman
Graaskamp indicated that he was opposed to transferring the entire contract
to another area of the City without tenders being called. The Director
of Municipal Works stated that the City does prefer the public tender method,
however in this instance since a contract has been signed and the work to be
done elsewhere was similar, it was felt the prices could be extended.
Mayor Thomson suggested that since the residents in the area did not want
the sewers, and since the contractor has agreed to extend his prices to another
area, that the matter be referred to staff for a report. The Mayor also
suggested that such a report would include recommendations on the notification
system. The City Clerk provided additional information on the legal requirements
for notification under the Local Improvement Act.
During the following discussion, comment was made on various alternatives
for notification and extending the contract prices. Following further discussion,
it was moved by Alderman Cheesman, seconded by Alderman Hinsperger, that the
matter be referred to staff for the preparation of a report. The motion
Carried with the following vote:
AYE: Aldermen Cheesman, Dilts, Fern, Rinsperger, Marrat,, Orr and Mackenzie.
NAYE: Aldermen Cummings~ Grasskemp and Schisler.
UNFINISHED BUSINESS-
' REGIONAL SIGNING STUDY
Report No. 325 - City Manager - The report recommends: 1) That the ~igns
requested by the N.R.T.A. and the Downtown Businessmen's Association be erected;
2) That traffic eastbound on Lundy's Lane not be directed to the Falls via
Main Street; 3) That the large overhead mounted direction signs in the Clifton
Hill/Victoria Avenue area which has been recommended by Regional Staff be
erected by the Region at the earliest opportunity; 4) That Regional Council
be asked to implement aprogram of the installation of oversized street name
signing in advance of the intersection of Regional roads commencing with those
roadways~fnich carry large volumes of tourist traffic; and 5) That the Region
amend their existing policy concerning the erection of guide signs for
tourist attractions to those attractions which provide a minimum of 2,000
parking spaces.
Alderman Merrett provided additional information in response to a question
raised by Alderman Cheesman.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that
the report be-received and adopted. Carried _Unanimously.
LEG-HOLDING TRAPS AND SNARES
Report N0. 326 - City Manager - The report recommends that the City of Niagara
Falls include in its next application for an amendment to the City of Niagara
Falls Act, the necessary legislation to enable the Municipality, at its
_jdiscretion, to enact by-laws prohibiting the use of leg-holding traps, killer
traps, or snares within the City.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
· iNTERSECTIONS OF CITY ROADWAYS WITH THE SOUTH PARKWAY
Report No. 327 - Projects & Services Engineer -The report advises that the
Niagara Parks Conmission has agreed that all intersections will be improved
to ensure that a "stop ahead" sign, the appropriate "stop" sign and a
· "checker-board" sign on the Niagara Parkway will be in place. The partially
signed route to Buffalo will also be completed.
ORDERED on the motion of Aideman Cummings, seconded by Alderman Dilts, that
the report be received and filed. Carried Unanimously.
CONMUNICATIONS
Chippawa. The communication requests that Council allow the 8ervicinS of fifteen
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to twenty-five lots in the subject Registered Plans.
Mr. J. Kaufman of the firm, pointed out a correction that should be
made in the communication with reference to locations of sewers.
The Director of Municipal Works advised that several months earlier,
Council had given its permission for the developer to proceed with the design
of services for the subject plans. At that time, part of the outlet system
the area in Chippawn experiencing flooding, was under design. The developer
had retained the firm of R V Anderson to prepare the design work and the
firm also reviewed the flo~dlng problems. It was being suggested'by the
consultant that an interceptor system be installed. Since that time, the
firm of Paul Thiel Associates was retained by the City to prepare recommendati~
on what work would be required to alleviate the area's flooding problems. The
Director of Municipal Works explained the sewer system in the area and the
outlets that would be required for any proposed sewers. It was also advised
that a report on the deeming of subdivisions in the Chippawn area would be
submitted at the next Council meeting.
In response to questions raised by Alderman Hinsperger, the Design and
Construction Engineer stated that Paul Thiel will be making his recommendation.=
in about six months. Alderman Hinsperger felt that because of the serious
flooding problems in Chippawn, no development should be permitted until the
problems have been solved.
The Director of Municipal Works advised that the system proposed by
R.V. Anderson was similar to a scheme suggested by the City~ but was on a
smaller scale and did not include one of the new areas. In response to a
question raised by Alderman Dilts, the Director of Municipal Works stated that
staff had presented an amount as a capital budget item of $195,000 to solve
the existing problem, and $305,000 if all areas were included. The R.V. Ander~
proposal did not include one of the areas and involved a phasing scheme with a
smaller sewer.
The Mayor suggested that instead of simply denying the developer's reques[
that Council ask Paul Thiel, the City's consultant, for hie-views on how the
request would affect the area.
Following further comment, it was moved by Alderman Hinsperger, seconded
by Alderman Graaskamp, that therequest of the developer be referred to the
City's consultant, Paul Th~el Associates, for comment. Carried Unanimously.
No. 108 - Mrs. E. Mills - Re: Senior Citizens Housing. The conmunication
requests the assistance of Council in obtaining housing in one of the senior
citizen housing complexes in the City. ~
Mrs. Mills provided additional information in response to a question
raised by Mayor Thomson.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that the communication be referred to staff to meet with officials of the East
Niagara Housing Authority. Carried Unanimously.
No. 109 - Mr. S. Mingle and Others - Re: Bender Hill Railway Crossing. The
communication requests that the City open Bender Hill railway crossing at
Palmet Avenue.
ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Merrett,
that the matter be referred to staff for an investigation of the cost involved,
and further that a meeting be held with residents and businesses in the area
following investigation. .Carried Unanimously,
No, 110 - Association of Municipalities of Ontario - Re: Emergency PreparednesS.
r e e
Since the conference would take place following the municipal election, !J
the Mayor suggested that the communication be deferred at this time ~
ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that the
communication be deferred at this time, Carried Unanimously.
No.-111 - Association of Municipalities of Ontario - Ra: Municipal Terms of Oft
The communication provides comment by the Association on the statement by the
Minister of Intergovernmental Affairs on the term of municipal councils.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that
the connnunication be received and filed, Carried Unnnimouslv,
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No. 112 - Canadian Cancer Society - Re: Terry Fox Day. The communication
requests that Council declare July 12, 1980 "Terry Fox Day", and that a civic
welcome be extended to Terry Fox when he arrives in the City on July 12th.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that
the requests be approved and that the question of funding be referred to
the Finance Committee. Carried Unanimously.
No. 113 - Chippawa Lions Club - Re: Sale of Alcoholic Beverages on Club
Premises. The communication requests that Council approve the Chippawa
Lions Club premises to be registered with the L.L.B.O. to serve alcoholic
beverages for functions.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that the request be approved subject to similar approvals being obtained from
the Fire Department, Niagara Regional Police and the Health Unit. Carried
Unanimously.
No. 114 - Can-Eng Sales Ltd. - Re: Proposed Street Name Change. The communication
requests that the firm be allowed to retain its Montrose Road address instead of
Kinsmen Court, and that a sign be placed at the cut-off from Montrose Road to this
industrial area, listing-the companies in this small industrial section.
Alderman Cheesman took exception to the comments in the letter that the
firm was completely unaware of the intended change, and found it to be unfair
and unacceptable. The Alderman pointed out that a considerable amount of time
was spent in reviewing the name changes and advising the public that the City
was in the process of changing various street names. The Mayor advised that
Mr. Neufeld of the firm did not live in the City and had not been aware of the
local newspaper advertisements.
ORDERED on the motion of Alderman Fern, seconded by Alderman Cummings, that the
communication be referred to the Street Name Committee for comment on the
suggestions made. Carried Unanimously.
No. 115 - Mr. & Mrs. L.J. Shalanko - Re: Casino Nights and Gambling. The
communication expresses opposition-to Casino Nights and gambling.
AND
No. 116 - Mrs. A. Spiece - Re: Legalized Gambling. The communication expresses
opposition to legalized gambling in the City.
Alderman Cummings advised that a pubiic meeting would be held by the
Social Planning Council in the newly dedicated Judy LaMarsh Room at the Library
to hear from individuals and groups within the City on the matter. The
Alderman urged as many members of Council as possible to attend.
Mayor Thomson provided additional information in response to comments by
Alderman Graaskamp.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that
the communications be referred to the Social Planning.Council. Carried
Unanimously.
No. 117 - Boys' & Girls"Club of Niagara - Ra:.Use of Club Facility. The
communication extends an invitation to the Council to hold an upcoming Monday
night meeting at the Club in order to acquaint the City with the facility.
Mayor Thomson pointed out that many of the Council meetings are aCtended
by the public, and 'it would be difficult to handle a large number of people
should a controversial'topic arise.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that
the Bos'
y & Girls' Club building be included on the next Council tour of
municipal facilities.' Carried Unanimously.
No. 118 - Downtown Business Association - Re: Use of Park Street Market Area.
The communication requests permission to use the Park Street Market area for
a Downtown carnival which will include rides and carnival-type amusements
from July 23 - July 26, 1980, and sidewalk sale on Queen Street by the farmers
who usually use the market area.
Alderman Cummings felt that the Association should be commended for its
efforts in 'promoting the' Downtown area.
Alderman Chessman suggested that the Association should allow the City
more lead time when making such requests in order to deal with the matter in
the normal manner. Mayor Thomson pointed out that the group met only once a
month, and it was difficult at times to have their meetings coincide with the
timing of various events. The Mayor indicated that he would speak to the
Association on this matter.
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ORDERED on the motion of Alderman Cununings, seconded by Alderman Merrett,
that the requests be approved. Carried Unanimously.
No. 119 - Niagara Peninsula Pony Raceway Association - Re: 15th Year Celebratie
The connnunication permission to operate a beer tent in conjunction with the
Association's 15th year celebrations.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that the request be approved in accordance with established policy. Carried
Unanimously.
No. i20 - Regional Municipality of Niagara - Re: Available Lots for Residential
Development in Subdivisions. The communication provides information on the
number of available lots for various types of residential development in
subdivisions in the Niagara Region as of December 31, 1979.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Fera, that
the communication be received and filed. Carried Unanimously.
REPORTS
No. 328 - City Manager - Re: Lots 35 and 36, Falls Industrial Park Extension.
The report recommends: 1) Extension of the option on Lot 35 (5.563 acres) to
Washington Mills Limited until October 1, 1981 at a cost of $556.30; 2) That
the City agree to give an option to Washington Mills Ltd. on Lot 36 comprising
4,783 acres until October 1, 1981 at a cost of $478.30; 3) That Washington
Mills Ltd. pay $15,500 per acre on October 1, 1981 for the purchase of Lots 35
and 36; and 4) That the Legal Department be authorized to prepare the
necessary legal documents for these transactions.
ORDERED on the motion of Alderman Rinsperger, seconded by Alderman Merrett,
that the report be received and adopted. Carried Unanimously.
NOTE: Alderman Orr was absent when the vote was taken on
this matter.
No. 329 - City Manager - Re: Encroachment, 5206 Morrison Street at Sixth Avenue
The report recommends that the application for passing of a by-law to permit
the continuation of an encroachment of a building municipa-t~y known as 5206
Morrison Street on the Sixth Avenue road allowance, be approved, and passage
of the appropriate by-law.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler, that
. the report be received and ,adopted. Carried Unanimously.
See By-law No. 80-~
NOTE: Alderman Orr was absent when the vote was taken on
this matter.
No. 330 - City Manager - Re: Fire Route By-law. The report recommends passage
of by-laws: 1) to designate private roadways as fire routes along which no par~
of vehicles shall be permitted; and 2) to amend By-law 72-221, as amended, bei~
a by-law to provide for the voluntary payment of penalties for contravention
of parking and certain other by-law provisions.
Mayor Thomson advised that the owners and operators of plazas in the City
Alderman Dilts felt there could be a problem with enforcement of the
by-law and asked if it would be possible to designate some person at each of
the plazas as a by-law enforcement officer. Mayor Thomson advised that
the by-law would be enforced by the Commissionaires. The Director of Municipal
Works indicated that any person appointed at a plaza would in effect be
ticketing the cars of customers, which could become a problem if the stores
started losing business. There could also be a problem if the designated
person were ill, and there was no one to enforce the regulations~ The Parking
and Traffic Committee will be considering the use of Commissionaires to
enforce the by-law.
Alderman Chessman commented that more Commissionaires would be required
to enforce the by-law properly, and that consideration should be given to
providing a vehicle or car allowance to make it easier for the officers to
reach such areas as Niagara Square Plaza. Mayor Thomson advised that a City
vehicle has been provided to the Commissionaires at present.
With respect to enforcement, Alderman Herrerr advised that the Parking
and Traffic Committee will also be considering the use of a private security
firm°
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Following further comment, it was moved by Alderman Cheesman, seconded
by Alderman Dilts, that the report be received and adopted. Carried
Unanimously.
See By-laws 80-114
and 80-115
No. 331 - City Manager - Re: Sale of Remaining Surplus Property - HEPC Haulage
Road. The report recommends that Parts 1 and 3 on Reference Plan 59-R-2005,
be sold to Mrs. Helen Nauman the owner of adjoining property, for the sum of
$1,300.00.
ORDERED on the motion of Alderman theeamen, seconded by Alderman Cummings, that
the report be'received and adopted. Carried Unanimously.
No. 332 - City. Manager - Re: Engineering Services for Bender Hill Storm Sewer
and Watermain. The report recommends: 1) That the Director of Municipal Works
be authorized to engage the consulting engineering firm of Proctor and Redfern
Limited to provide engineering services for the subject project; 2) That the
firm of Golder Associates also be engaged as a sub-consultant to carry out the
necessary sub-soil investigation; 3) That the cost of the above works be
charged to the appropriate capital works or appropriate engineering account;
and 4) That the City Solicitor be authorized to proceed with the necessary
engineering agreement with the consultant.
The Director of Municipal Works provided additional information in
response to a number of questions raised.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that
the report be received and adopted. The motion Carried with Alderman Cummings
abstaining on a conflict of interest, and all others voting in favour.
No. 333 - City Manager - Re: Contract S.S. 14-80, Storm Sewer Construction on
Dorchester Road from Harriman to Windermere Road (By-law 78-211) and on Windermere
Road from Dorchester Road to Isaac Street (By-law 78-204). The report recommends
acceptance of the unit prices submitted by Provincial Construction,(Niagara) Ltd.
for the subject contract.
ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 47
See By-law No. 80-116
No. 334 - City Manager - Re: Proposed Grade Separation for New McLeod Road
Alignment in McLeod Road/Stanley Avenue Area. The report recommends: 1) That
the City agree to participate in the cost for installing a 300 mmdiameter
watermain along the new alignment of Stanley Avenue south of the proposed
McLeod Road underpass alignment scheme at an estimated cost of $7,000; 2) That
the City agree to install a 200mmdiameter watermain on Stanley Avenue north
of the relocated McLeod Road alignment, with the Region contributing a lump
sum amount of $5,000; and 3) That the City's share for each of the above noted
contributions be takeB from monies received under By-law 73-267.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
NOTE: Aldermen Dilts and Hinsperger were absent when the vote
was taken on this matter.
No. 335 - City Manager - Re: Proposed Grade Separation of New McLeod Road
Alignment at Conrail - Storm Sewer Cost Sharing. The report recommends: 1) That
the City agree to cost sharing of required storm sewers for the new McLeod Road
alignment in the area of the Conrail crossing in accordance with policy at an
estimated net cost of $212,000.00; 2) That the City agree to enter into an
agreement with the Region wherein the Region will invoice the City for 90% of
its share of the. costs eight months after a contract has been awarded for the
project, with the remaining 10% to be invoiced to the City after complete
installation of the storm sewer; and 3) That the City use monies received through
By-law 73-267 and various severances throughout the Municipality to finance its
share of the required storm sewer installation.
ORDERED on the motion of Alderman Cunningss seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
NOTE: Aldermen Dilts and Minsperger were absent when the vote
was taken on this matter.
No. 336 - City Manager -..Re: Agreement between the Ministry of the Environment
and the City covering Contribution towards the Cost of Feasibility Study for the
Expansion of the Mountain Road Sanitary Landfill Site. The report recommends
passage of a by-law authorizing the Mayor and Clerk to enter into ~n agreement
with theMinistry of the Environment for the purpose of receiving a contribution
.....8
-8-
of $2,000 to pay part of the cost of a study on the feasibility of expanding
the Mountain Road Sanitary Landfill Site.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Fete, that
the report be received and adopted. Carried Unanimously.
NOTE:
See By-law No. 80-i'
Aldermen Dilts and Hinsperger were absent when the vote
was taken on this matter.
No. 337 - City Manager - Re: Proposals for a Report on the Mountain Road
Sanitary Landfill Site Expansion. The report recommends, subject to approval
of the Ministry of the Environment, that the proposal of Peto MacCallum Ltd.
for undertaking a report on the expansion of the Mountain Road Sanitary Landfii~
Site, based on the Terms of Reference approved by Council, be accepted.
ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that the
report be received and adopted. The motion Carried with Alderman Cummings
abstaining on a conflict of interest, and all others voting in favour.
NOTE: Aldermen Dilts and Hinsperger were absent when the vote
was taken on this matter.
No. 338 - City Manager - Re: Building and Development Report for May 1980.
The report provides current news relative to permit statistics and developmentI
proposals for the month of May, 1980. ,
ORDERED on the motion of Alderman Grasskemp, seconded by Alderman Orr, that the'
report be received and filed. Carried Unanimously.
NOTE: Aldermen Dilts and Hinsperger were absent when the vote
was taken on this matter.
No. 339 - City Manager - Re: Swimming Pool Fence By-law. The report recommends
preparation of a by-law to amend By-law 73-159, as amended, to permit chain lin
fences presently in existence to have openings of not more than 2" x 2".
Alderman Hinsperger noted that it was becoming very difficult to get 1~"
chain link fencing at the 42" height. Mayor Thomson provi~ed additional
information in response to a question raised by Alderman Chessman.
ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 340 - City Manager - Re': Site Plan Approval, Proposed Restaurant and Apart~4~
5512 Victoria Avenue (East Side, North of Palmet Avenue). The report recommend'
approval of the subject site plan, being a Proposed Restaurant and Apartment an
being Drawing No. 2680-1A dated May 3, 1980, prepared by Robert Judge, and
filed with the Building & Development Department of the City of Niagara Falls c
June ll, 1980, subject to certain conditions.
ORDERED on the motion of Alderman Grasskemp, seconded by Alderman C,,mmings, the
the report be received and adopted. Carried Unanimously.
No. 341 - City Manager - Re: Intersection Control. The report recommends the
preparation of the necessary by-laws to allow the erection of stop signs (Elber~
Avenue, Ruggins Street, Belfast Avenue and Skinner Street) and yield signs
(President Drive, Appleford Avenue, Olden Avenue, Westfield Drive, North Dorset
Place, Moant]oy Court, Marts Circle, Wiltshire Boulevard, Fairway Road and Pri0
Crescent)..
ORDERED on the motion of Alderman Chessman, seconded by Alderman Ninsperger,
that the report be received and adopted. Carried Unanimously.
No. 342 - City Manager - Re: Parking on Cladstone Avenue. The report
recommends preparation of a by-law to limit parking to two hours on Gladstone
Avenue between North Street and Emery Street, as requested by the residents.
ORDERED on the motion of Alderman Fern, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimouslyo
No. 343 - Mayor Thomson - Re: Parking and Traffic Study. The report recommends
that the consortium of Lanmer-Feneo be retained to carry out the parking, traff
and financial study for the tourist-commercial sector of the City.
ORDERED on the motion of Alderman Netrett, seconded by Alderman Hinsperger, the
the report be received and adopted. Carried Unanimously.
No. 344 - City Hansget - RetNunieipal Accounts. The report recommends payment
of the municipal accounts.
Nayor Thomson advised that Cheque #5837, payment for his attendance at
the F.C.M. Conference, had been cancelled, since he had not artended the
-9-
conference. The Mayor provided additional information on Cheque #5895 in
response to a question raised by Alderman Cummings.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 345 - City Manager - Re: Aldermanic Representation - Board of Governors,
Greater Niagara General Hospital. The report recommends that the Board of
Governors be notified that no change be made to the Greater Niagara General
Hospital Act, 1972, as it relates to the appointment of three Aldermanic
representatives to the Board of Governors.
Alderman Cheesman suggested that this matter could be considered again
once the 1981-82 Council takes office in the event there are problems at that
time with members of Council attending the various board and committee meetings.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
.that the report be received and adopted and referred to the 1981-82 Council
for consideration during the review of appointments. Carried Unanimously.
No. 346 - City Manager - Re: Annual Conference of Association of Municipalities
of Ontario. The report recommends that Council indicate the three members who
will be attending the Annual Conference of the Association of Municipalities of
Ontario, in order that appropriate delegate registration can be completed.
Mayor Thomson pointed out that the City was actually entitled to have
five voting delegates attend the conference. Aldermen Cheesman, Dilts, Grasskemp,
Merrett and Mayor Thomson all indicated a desire to attend the conference.
Alderman Cummings stated that he could not support the attendance of five
members of Council at the conference, and that he was sure a smaller number
could bring back all the information necessary.
Both Aldermen Chessman and Dilts pointed out the importance of this one
particular conference to municipal councillors. Mayor Thomson suggested that
a report be brought in showing the expenditures for the year involved in
Council members attending conferences. The Mayor advised that approximately
$10,000'had been included in the budget for this purpose, and yet the previous
year only $3,000 - $4,000 had been spent.
Following further comment, it was moved by Alderman Rinsperger, seconded
by Alderman Orr, that Mayor Thomson, and Aldermen Chessman, Dilts, Graaskamp
'and Merrett be appointed as the Municipality's voting delegates to the annual
conference of the Association of Municipalities of Ontario. The motion Carried
with Alderman Cummings voting contrary, and all others voting in fayour.
No. 347 - City Clerk - Re: Application for Billiard Licenee. The report
recommends that Council indicate whether or not it wishes a Billlard Licenee
to be granted for the premises known as 4465 Drummond Road.
Mr. LaPenna indicated that he intended his business to cater to a mature
clientele and not to the young people in the"~area who may be causing problems.
The business would be properly supervised and since he had previously dealt
with people of this age group, Mr. Lapenna did not anticipate any problems.
Mayor Thomson advised that the problem in the area with loitering, vandalism
and excessive noise had become very serious. Thousands of dollars in damage
has been sustained by businesses at the plaza and by area residents. The Mayor
advised that a meeting was held with Police officials and people from the area,
and it appeared that the situation was finally improving. The residents were of
the opinion that a billiard hall would only worsen the situation again, and
that a licenee should not be granted. Mayor Thomson suggested that rather than
denying the licenee, that further action on the license be held off for at
least one month to see if conditions continue to improve. Alderman Merrett
agreed that since regular patrols were established, conditions at the plaza
had improved. '
Alderman Cummings, who lives in the general area, commented that it is one
thing to try and control activities inside a facility, but the problem starts
when people are put out of the facilities because of their behaviour, and they
loiter in the plaza. This leads to the other problems of noise and vandalism.
AldermanCraaskamp felt that the operators of the billiard hall could not
bc held responsible for the vandalism caused by customers of another establishment.
- 10 -
Following further comment, it was moved by Alderman Merrett, seconded
by Alderman Grasskemp, that the application be tabled for one month and that
the matter be reviewed at that time with Police officials and residents and
businesses in'the area. Carried Unanimously.
RESOLUTIONS
No. 47 - FERA - ORR - RESOLVED that the unit prices submitted by Provincial
Construction (Niagara Falls) Limited for the construction of a storm sewer on
Dorchester Road and Windermere Road, be accepted at the tendered price of
$217,819.95; AND the Seal of the Corporation be hereto affixed.
Carried Unanimouslk
BY-LAWS
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
No. 80-113 - A By-law to allow the maintaining and using of a building which
encroaches on Sixth Avenue+.
No. 80-114 - A By-law to designate private roadways as fire routes along which~
'no parking of vehicles shall be permitted.
No. 80-115 - A By-law to amend By-law No. 72-221, being a by-law to provide fo!
the voluntary payment of penalties. for contravention of parking
certain other by-law provisions.
No. 80-116 - A By-law to authorize the execution of an agreement with Provincizt
Construction (Niagara Falls) Limited for the construction of a stc
sewer on Dorchester Road and Windermere Road.
No. 80-117 - A By-law to authorize an agreement with Her Majesty the Queen in
Right of Ontario as represented by the Minister of the EnvironmenW,
No. 80-118 - A By-law to appoint David Mackenzie a member of Council of the Ci~,
of Niagara Falls.
No. 80-119 - A By-law to ~rovide monies for general purposes. ~
Carried with Alde~
-- Mackenzie abstsiniI
t By-law 80-118, and
others voting in f~.
ORDERED on the motion of Aldermen Dilts, seconded by Alderman Schisler, that t~
following by-laws be now read a second and third time:
No. 80-113 - A By-law to allow the maintaining and using of a building which
encroaches on Sixth Avenue. · "
No. 80-114 - A By-law to designate private roadways as fire routes along which
no parking of vehicles shall be permitted.
No. 80-115 - A By-law to amend By-law No. 72-221, being a by-law to provide f01
the voluntary payment of penalties for contravention of parking
certain other by-law provisions.
No. 80-116 - A By-law to authorize the execution of an agreement with Provine
Construction (Niagara Fells) Limited for the construction of a st
sewer on Dorchester Road and Windormers Road.
No. 80-117 - A By-law to authorize an agreement with Her Majesty the Queen in
Right of Ontario as represented by the Minister of the Environmenl
No. 80-118 - A By-law to appoint David Mackenzie a member of Council of the Ct
of Niagara Falls.
No. 80-119 - A By-law to provide monies for general purposes.
Carried with Alde~
Mackenzie aberainY
By-law 80-118, and
others voting in f
,,.,,11
- 11 -
NEW BUSINESS
PARKING - NIAGARA SOUTH ARENA COMPLEX
Aldemnan Dilts advised that he had attended the carnival held recently
at the Niagara South Arena complex and had noticed the severe parking problem.
Many cars were ticketed by the police, and some cars actually parked in a
private parking lot of a nearby restaurant causing even more problems with
the customers at the establishment. The Alderman felt that consideration
should he given to improving the parking situation in the area in the future.
Mayor Thomson suggested that the matter be referred to the 1981-82 Council
for consideration during budget discussions. It was moved by Alderman Dilts,
seconded by Alderman Rinsperger, that a report be prepared outlining the costs
involved in extending the parking area at the Niagara South Arena complex.
Carried Unanimously.
HELICOPTERS
Mayor Thomson referred to the fact a helicopter service had recently
started up in the City and pointed out that no contact had been made with the
City in this regard. The Mayor stated that because of the many complaints
Council had received in the past, he had attempted to call the various
authorities involved to explain the Council's concern. The Mayor felt it was
only common courtesy to notify the local municipality before proceeding with
the granting of any temporary permits for such an operation. There will be
a hearing on the matter, and the Mayor requested that Council re-affirm its
previous stand in opposition to the heliport.
Alderman C-mmings confirmed that the operation was very irritating to
residents living under the flight path of the helicopters, and hoped that
something could be done before the problem reached the proportions it had in
the past.
It was Alderman Mackenzie's understanding that regulations restrict the
minimum height of the flights to one thousand ft. above the highest point within
a residential area, which in this case would likely be the Skylon Tower. With
respect to property values within the flight path of the helicopters, the Alderman
noted that if the proper flight path over the gorge is followed, there would be
little that could be done about the problem.
Alderman Cheesman stated that he would like the complaints confirmed before
the ~Council took any position on the matter, since a different operator was
involved this time. The Alderman stated that he had been at the hellport
recently and he felt satisfied that there was a difference in sound levels and
that the appropriate flight patterns were being followed. Alderman Cheesman
suggested that the noise from the operation should not be anymore irritating
than tour buses and traffic from cars, trucks and other aircraft, and further
suggested that the Council should not react immediately to a few calls and
letters. Mayor Thomson advised that he had ~nvestigated the matter himself,
and he would not want the operation taking place near his home. The major
objection was that the municipality had not been consulted.
Alderman Graaskamp pointed out that the location was zoned correctly to
permit the heliport and that the firm was taking over a legal operation.
Following further comment, it was moved by Alderman Cummings, seconded
by Alderman Merrett, that the Council do anything in its power to try and
alleviate the problem before it continues. Carried Unanimously.
MESSAGE OF
Mayor Thomson advised that a number of employees donated their time in
setting up Oakes Park for Ralph Racine Day, and requested that Council extend
its thanks to the following employees: Mr. L. Dennis, Mr. R. Barnes, Mr. H.
Dalton, Mr. R. Moore, Mr. T. Viedry, Mr. M. Allison, Mr. A. Sotlay and
Mr. J. Bell. It was moved by Alderman Merrett, seconded by Alderman Orr, that
the above mentioned employees, and any others involved in the preparations
for Ralph Day, be thanked for their efforts. Carried Unanimously.
******
It was moved by Alderman Hinsperger, seconded by AIderman Dilte, that
the meeting adjourn to Committee of the Whole. Carried Unanimously.
READ AND ADOPTED,
TWENTY-SIXTH MEETING
CITY
MAYOR WAYNE THOMSON
Committee Room #1
June 23, 1980
Council met on Monday, June 23, 1980 in Committee of the Whole, following
a regular meeting of Council. All members of Council were present with the
exception of Aldermen Puttick and Sobol. Alderman Merrett presided as Chairmar
Following consideration of the items presented, the Committee of the
Whole arose without reporting.b ~ & · ' · ·.
Council Chambers
June 23, 1980
Council reconvened in formal session on Monday, June 23, 1980, following
a meeting in Committee of the Whole. All members of Council were present with
the exception of Aldermen Puttick and Sobol. His Worship, Mayor Thomson
presided as Chairman. --
The meeting adjourned·
., MAYOR WAYNE THOMSON
Council Chambers
June 26, 1980
SPECIAL MEETING
Council met on Monday, June 26, 1980 at 5:00 p.m. for the purpose of
appointing a Promotion and Facilities Co-ordinator. All members of Council
were present with the exception of Aldermen Fera, Hinsperger, Graaskamp,
Puttick, Schisler and Sobol. His Worship, Mayor Thomson presided as Chairman.
REPORT
No. 348 - Alderman P. Cummings - Re: Appointment of Promotions and Facilities
Co-ordinator. The report recommends: 1) That Mr. Bob Lavelle be engaged to
provide a complete service for promoting and co-ordinating the City's
recreation and entertainment facilities to ensure their maximum use; 2) That
a contract be entered into with Mr. Lavelle for a period of two years; 3) That
Mr. Lavelle commence his duties two weeks after being officially advised of
his appointment; and 4) That the terms of the contract will include a basic
amount which will cover all clerical costs and employee benefits, plus a
commission based upon increased revenue over 1979 figures in the area of
promotion of Junior Hockey and Special Events.
Mayor Thomson suggested that the terms of reference could be reviewed
by the Special Committee and then submitted to Council at the next meeting
of Council. The MAyor thanked the members of the Special Committee for
their efforts in making an appointment.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
NEW BUSINESS
NEW ATTRACTION - MAPLE LEAF VILLAGE
Mayor Thomson referred to a recent application received for a new ride
at Maple Leaf Village, and advised that the Council would be kept fully informed
as the application was being processed.
It was moved by Alderman Dilts, seconded by Alderman Cummings, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
TWENTY-SEVENTHMEETING
Committee Room
July 7, 1980
COMMITTEE OF THE WHOLE
Council met on Monday, July 7, 1980 at 6:45 p.m. in Committee of the
Whole. All members of Council were present with the exception of Alderman
Puttick. Alderman'Oft presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting. . · · · ·,
READ AND ADOPTED,
· . 'COLLI , CI~ CLE'~
MAYOR WAYNE THOMSON
Council Chambers
July 7, 1980
Council met on Monday, July 7, 1980 at 7:40 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman Puttick. His Worship, Mayor Thomson presided as
Chairman. Alderman Oraaskamp offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Graaskamp pointed out that the minutes of the meeting held on
June 26, 1980, referred to that date being a Monday, which should be changed
to Thursday.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that
.the minutes of the meeting held on June 23, 1980 be adopted as printed, and
the minutes of the meeting held on June 26, 1980, be adopted as amended.
Carried Unanimously..
UNFINISHED BUSINESS
CLOSING AND SALE OF PART OF CORFIELD STREET
Report No. 349 - City Manager - The report recommends passage of a by-law to
authorize the sale and conveyance of the closed up part of Cotfield Street and
a grant to the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Sohol, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See By-law No. 80-120
REQUEST OF KENMORE CONSTRUCTION REGARDING PLANS 11 AND 16, FORMER VILLAGE
OF CHIPPAWA
DEEMING OF PLANS OF SUBDIVISION - EIGHT YEARS OLD OR MORE
Report No. 350 - City Manager - The report recommends that comments from the
Consulting Engineering Firm of Paul Thiel Associates Ltd. concerning the subject
request, be considered by Council.
Report No. 351 - City Manager - The report recoupends passage of a by-law under
Section 29(3) of The Planning Act, "deeming" those plans mentioned in the report
not to be registered plane for the purposes of The Planning Act.
Mr. J. Kaufman of Kenmore Construction, was granted permission to address
Council on the motion of Alderman Sobol, seconded by Alderman Orr. Mr. Kaufman
stated that if he were allowed to proceed, by the time engineering design was
completed and the actual works in the ground and construction of homes commenced,
it would be a year from now. Mr. Kaufman asked that Council take this factor
into account when considering his request. Mr. R. Lewandowski, solicitor for
-2-
Kenmore Construction, felt that the report of Paul Thiel Associates was not
really conclusive, and although he had not much time to review its contents,
it appeared the report itself was not complete. Mr. Lewandowski requested
that Council consider the request of Kenmore Construction to begin in the
near future the commencement of servicing of fifteen to twenty-five lots.
The final report of Paul Thiel Associates should be completed by September
or October to the degree that Kenmore could begin preliminary work to
prepare for future sales in May of 1981. ~. Lewandowski stated that if
Council is prepared to consider this request, he would require some time to
get more comments from the City's consultant to determine the merits of the
request.
It was then moved by Alderman Chessman, seconded by Alderman err, that
the report on deeming of subdivisions be moved forward and considered in
conjunction with the report on the request of Kenmore Construction. Carried
Unanimously.
Mayor Thomson explained that under legislation dealing with deeming of
subdivisions, the developer would be given an opportunity to make representatic~
to Council following passage of the by-law, respecting the amendment or repeal~
of the by-law.
Mr. Kaufman stated that if Kenmore's lands were deemed, they would be
reduced to less than farm land status which would mean a tremendous loss in the
value of the land. This would put Kenmore in a disastrous position. Mr. Kauf~
stated that Kenmore has tried to co-operate with the City, and it did not make
sense to take such steps when the firm was in the process of developing these
lands. Mr. Kaufman stated that his firm has calls for housing in Chippaws
which cannot be accommodated at this time.
Alderman Merrett stated that he did not want to see. Kenmore being held
up indefinitely, however at the same time he was not in favour of the firm
proceeding with development immediately because of Chippawa~s flooding problen~
The Alderman asked if it would be possible to delete Kenmore's lands from the !
deeming by-law and put a hold on development until a solution can be found.
The Planning Director advised that Kenmore's lands coula h~ excluded from the
by-law. With respect to the effect of deeming, the Planning Director explainec'
that deeming actually only places a hold on the normal transactions that take !'
place with a registered plan of subdivision. The deeming can be repealed at
the Council's discretion after negotiation with a developer, and the lands wonl
still be a registered plan. ·
In response to a question raised by Alderman Schisler, the Planning Direc
stated that the plans did not have to be deleted from the by-law, since Counc~
placing a hold on development, not expunging the plans.~
Alderman Chessman asked if it would be possible to allow Kenmore to proce
with the design of the underground services for the lands, and 'later determine
how the report from the consultant goes and whether or not Kenmore would be
allowed to proceed to the construction stage. The Design & Construction Engin
Stated that permission was given by Council several months earlier for the
engineering design to proceed. It was Councilws option whether or not to all0~
the actual servicing to proceed, however the Design & Construction Engineer !.
prQceed and then not issuing building permits. - ~
Mayor Thomson suggested that since Mr. Kaufman had not had a
of advance notice that the items would be on the Council agenda, the report
dealing with servicing should be tabled and the sections of the .report on deeg
~e~liBg with-Vla~s 260 and 265, be tabled.
Following further comment, it was moved by Alderman Chessman, seconded b~
Alderman Grasskemp, that the report dealing with the request of Kenmore Conerr
for servicing of certain lots be tabled, further that the sections of the rope
~n deeming dealing with Plans 260 and 265 be tabled, and that the balance of t
.report on deeming be received and adopted. The motion Carried with Alderman
Schisler voting contrary, and all others voting in favour.
APPLICATION AM-4/g0, BPIRONELLO & !SEPPON, 4009 RIVER RO~
Mr, D. Crowo, solicitor for the applicants, was granted permission to add
c~.un~ oD tb8 motion of Al~'m~n ~rrett, ~co~dad by Alderman Orro M~. cro~
-3-
provided a brief history of the application and explained the physical
characteristics of the subject property. Mr. Crows indicated that it was
proposed to change the zoning on the land in order to permit the expansion
of the motel. It is intended to construct a berm which would act as a
visual buffer between the motel's parking area and the adjacent residences.
Mr. Crows stated that only two properties are orientated towards the park,
but are on east and west alignments. The project was designed in such a
way that no heavy vehicular traffic could gain access to the rear parking
area from River Road. This rear parking area would be limited strictly to
automobile parking. Mr. Crowe stated that the existing motel must be
upgraded to keep it a viable economic enterprise. With respect to the land
exchange, Mr. Crows stated that the land required for the expansion is to be
replaced by the developer by way of a land exchange earlier approved by
Council subject to rezoning. The tennis courts would be relocated at the
expense of the developer to the portion of the land to be exchanged, at the
direction of the Commission. Mr. Crows stressed that the land exchange and
relocation of the tennis courts would put the park to the purpose for which
it is being used now, a recreational facility. Photographs of the triangular
piece of land to he exchanged were distributed showing that the area is used
as much for automobile parking as for pedestrian traffic. Mr. Crows indicated
that the unopened road allowance running down to River Road would not be
affected by the development and would remain open for pedestrian use. Mr.
Crows felt that because of the emotional element that,has come into the
matter, it would not be possible to satisfy all of the residents of the
area regardless of the configuration of the proposal made by the developer.
With respect to the argument raised about property depreciation, Mr. Crows
advised that an independent appraisal was done which indicated that if there
were to be any effect on property values, it would be restricted and minimal
and all but impossible to equate in dollar figures. Any depreciation could
be compensated by a suitable buffer. In conclusion, Mr. Crows stated that the
developer would be removing fill from the site to bring the elevation down to
the elevation of River Road, and would be prepared at his expense to use that
fill to bring the park to a singular grade from where it would be to the west
of the tennis courts on through to the berm.
Mr. F. Gorgonio asked why if only two houses were affected, all the
residents in the area were so concerned. It was felt that the park in its
present location provided a natural buffer-to the River Road area and Mr.
Gorgonio asked why the residents should take the risk of being bothered by
exhaust fumes, noise from cars and lights from a parking lot. It was pointed
out that the park has existed for over forty years and people built their
homes around the park in the belief it would remain permanent. Mr. Gorgonio
also felt that expansion of the motel was not a pressing need and asked
why residents should lose for the developer's monetary gain. With respect
to the land exchange, while it was proposed to be on a one-to-one basis,
Mr. Gotgenie felt-the land to be taken by the developer was more valuable.
Mr. Gorgehie referred to the fact that vehicles are presently parking on the
triangular piece of land and asked if this is taken over by the developer,
where would vehicles then park. It was pointed out that 98% of the residents
in the area were opposed to the exchange and the rezoning. Mr. Gotgenie stated
that the residents believe the parks belong to the people they serve, that
Councilheld them in trust and that Council was responsible for safeguarding
that trust.
Mr. J. Gorgonio stated that people from as far-away as Stamford Green
Drive were using the tennis courts in Glenview Park and they came as early as
6:00 a.m. in order to play. Mr. Gorgehie suggested that the City provide
another tennis court and that Council look beyond the little triangular piece
of land to look. at what the people ~n the area can see and enjoy.
Mr. T. Macintosh reminded Council that the previous approval granted for
the land exchange referred only to the land exchange and not the expansion of
the motel.
Miss B. VanHelsdingen stated that she used the tennis courts and the
park~s other facilities regularly. Miss VanHelsdingen stated that if the land
exchange takes place, the small path used by many people would be of no use.
It was suggested that the City consider providing more facilities at the park
instead of switching lands with the developer,
Mr. F. Martin stated that although the people seem to be concerned over
the exchange of land, the land was full of pot holes and nobody uses it. Mr.
'Martin c0~nented that the.City ie~!ways tryling to improve on re~enue~ and here
-4-
was an opportunity to get more revenue without interfering with property.
As far as the view of the gorge was concerned, Mr. Martin stated that the
gorge could not be seen from that spot.
Mr. S. Tonnellato stated that 90% of the residents did not want the
exchange to take place and asked why should any money be spent when so many
people were opposed. Mr. C. Scott suggested that if the park was moved up
towards St. Francis School, the baseball and soccer fields would interfere
with private property and the adjacent land owner could complain if balls
were continually knocked over on to his property. Mr. Crowe provided further
information in response to the points raised by the residents, and distributed
photographs of the area as well as copies of the independent evaluation
carried out on properties in the area.
Mr. J. Johnson stated that he has seen wild life in the park in addition
to the use made of the park by people. If the park were moved, Mr. Johnson
felt that children would be climing the fence between the park and the motel
to retrieve balls and toys. Mr. Johnson suggested that the developer expand
on his present site and urged Council to deny the application.
Alderman Fera felt the developer was trying to expand his property to the
detriment of the people in the area. The Alderman pointed out that the owner
had known the limitations of the property when it was purchased, and since the
area residents have made it clear they don't want the park tampered with, the.
developer should consider expanding on his existing lands. Alderman Merrett
agreed that the people did not want the park tampered with and for that
reason he would have to support the Planning & Development Committee's
recommendation.
Alderman Mackenzie commented that' the people didn't seem to be opposed
to further development of the motel, only the effect it would have on the park,
The developer had the right to expand the motel up to four storeys in height
under the current zoning. The Alderman felt there was no proof that the
property values would go up or down as a result of development. Alderman
Mackenzie indicated that while he would be opposed to the land exchange, he
was not opposed to the rezoning because it was a good use-of the land.
Alderman Hinsperger pointed out that while the by-law permits the motel
to expand to four storeys, the developer would still have to provide sufficienl~
parking for the motel. Ifthis parking is not provided, the expansion could
not take place.
Following further discussion, it was moved by Alderman Fera, seconded by
Alderman Hinsperger, that the report be received and adopted, and the
application denied. The motion Carried with the following vote:
AYE: Aldermen Cummings, Fera, Hinsperger, Graaskamp, Merrett and Orr.
NAYE: Aldermen Cheesman, Dilts, Schisler, Sobol and Mackenzie.
OPERATION OF HELICOPTERS
Report No. 353 - City Clerk - The report recommends that a special meeting be
held during the week of July 14th, 1980, in order to allow residents of the
City to express their comments regarding the granting of a commercial air
service licerice to Pan-Air Helicopters to operate from the base formerly used
by Niagara Helicopters.
Hayor Thomson commented that the operation of helicopters has been a
controversial issue for many years. Although residents of the City and of the
Glenvievarea in particular have been concerned in the past, the,Mayor stated
that the City wanted to have people express once more their feelings in the
matter. In response to a question raised by Mr. C. Scott of the Glenview area
Hayor Thomson indicated that while the residents had been on record previously
as opposing the helicopter operation, the new operation was being run by
different persons and newer equipment is being used.
Alderman Cheesman did not want the impression given that Council had its
mind made up that the liecute to operate the service should be opposed. The
Alderman indicated that he had spent some time in the Glenvte~ area, and had
counted the number of aircraft overhead within one hour. During this hour,
eleven helicopters were seen, howeve~ twenty-four other aircraft were flying
around the City. The Alderman felt that if the City was going to restrict
this one Croup, why would other types of aircraft still be permitrod to fly.
Alderman Chessman also advised that the new helicopters have three blades
-5-
and don't make the whipping noise the older machines did. The machines also
have an enclosed fuselage which also provides for quiter operation. The
Alderman pointed out that Glenview is only one area of the City, and he hoped
that other residents from the rest of the City would also attend the meeting.
Alderman Cummings stated that he had received complaints from other areas
of the City, not just Glenview. The Alderman also commented that during the
summer months residents would like to sit outside and enjoy the warm
weather, however the noise from helicopters is extremely irritating.
Following further comment, it was moved by Alderman Cummings, seconded
by Alderman Merrett, that the report be received and adopted. Carried
Unanimously.
AGREEMENT WITH NIAGARA FRONTIER HUMANE SOCIETY FOR ANIMAL CONTROL
Report No. 354 - Finance Committee - The report recommends passage of a by-law
to authorize. the revised agreement between the City and the Niagara Frontier
Humane Society providing for animal control during 1980.
Alderman Cheesman provided background information regarding the Finance
Committee's involvement in arriving at an agreement with the Society. Alderman
Dilts indicated that he was opposed to the deletion of the section of the
agreement proposed bythe City Solicitor regarding compliance with applicable
Federal, Provincial and municipal laws.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the report be received and adopted. The motion Carried with Alderman
Dilts voting contrary to the deletion of Clause (f) of paragraph 3, and all
others voting in favour.
It was moved by Alderman Merrett, seconded by Alderman Hinsperger, that
the following reports be moved forward for consideration at this time. Carried
Unanimously.
REPORTS
No. 355 - Planning & Development Committee - Re: Zoning Amendment Application
AM-11/80, F. Pingue and Provincial Gas, South Side McLeod Road, East of Provincial
.Gas Co. Building. The report recommends approval of the application subject to
a site plan agreement to include landscaping at the back of the proposal and
along the east side of the proposal, and that frosted windows be used at the rear
of the proposal to ensure privacy to adjacent owners.
Mr. J. Parent was granted permission to address Council on the motion of
Alderman Hinsperger, seconded by Alderman Cummings. Mr. Parent stated that he
was a resident of the subdivision which abuts the parking lot and Mr. Pingue's
property. One of his neighhours who lives next door, had complained about the
possible noise factor with the entrance way on her side, and Mr. Parent asked
if it would be possible to reverse the plans so that the driveway would be
located on the other side. Mr. Pingue indicated that he wasnot opposed to
considering such a change in the site plan.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
See By-.law 80-12~
NOTE: Aldermen Fera, Graaskamp and Orr retired from the meeting,
No. 356 - Planning & Development Committee - Re: Zoning Amendment Application
AH-3/80, 6434 Stanley Avenue and Portage Road, Galco Holding Ltd. The report
recommends approval of the application.
ORDERED on the motion of Alderman Herrerr, seconded by Alderman-Hinsperger, that
the report be received and adopted.. Carried Unanimously.
See By-law 80-122
No. 357 - City Manager - Re: Maple Leaf Village Limited, Proposed "Maple Leaf
Village" Signs on Former Oneida Tower.' The report advises of an application by
Maple Leaf Village Ltd. for permission to erect signs on the former Oneida
Tower.
Nr. J. Hamblet of Neon Products, was granted permission to address Council
on the motion of Alderman Nerrett, seconded by Alderman Cummings. Nr. Hamblet
advised that the sign is composed of open channel letters of red neon on a
white background. The sign would be a steady burn display (not flashing), simply
identifying the premises. Mr. Hamblet stated that it was his client~s intention
-6-
to arrange and maintain a service agreement to keep the sign in good working
order.
ORDERED on the motion of Alderman Hiusperger, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
UNFINISHED BUSINESS - Con't..
PROPOSED BILLIARDHALL LICENCE
Mayor Thomson referred to an application for a billlard hall licence at
the Drummond Square plaza that had been tabled by Council at the previous
meeting, and indicated that the applicant's solicitor had requested to
address Council on the matter. The Mayor explained that Council had made
a comsitment to the residents and businesses of the area that the situation
at the plaza would be reviewed within one month to see if problems with
loitering and vandalism had improved. Mayor Thomson felt that it would be
difficult for Council to mmke. a decision now because of that conmitment.
Mr. P. KormOs, solicitor for the applicant, advised that the licence
was a matter of some urgency for his client, because of substantial investment.~
made in a lease and fixtures for the business. Mr. Kormos suggested that a
meeting be arranged with the appropriate people from the plaza and area as
quickly as possible to discuss the situation. Mayor Thomson felt that an
informal meeting with the business operators and residents in the area should
be arranged prior to the next Council meeting, so that a decision could be
made by Council.
Alderman Merrett felt that this was the course of action to be followed
because of the commitment given to the residents.
Mayor Thomson stated that when a previous meeting had been held with
people from the area, it had been his impression that Mr. LaPenna would not
be pursuing the license. Mr. Kormos advised that it had not been his client 'si~
intention to withdraw the application. Mr. LaPenna's fat~r provided
additional information on the matter.
DELETION OF LOCAL IMPROVEMENTS ON PETTIT AVENUE AND CONTRACT R.C. 9-80 EXTENSI[
Report No. 358 - City Manager - The report recommends: 1) That section A Storm
Sewers and Road Reconstruction on Pettit Avenue from Doreen Drive to Glengate
Street be deleted from Contract R.C. 9-80 (tender amount $110,514.50); 2) Tha~
a new Section A be included in the contract containing the following works
storm sewers and road reconstruction on Judith Avenue from Swayze to Atlas andI
on Atlas from Judith to Sinnicks, and storm sewer on Swayze Drive from
approximately the CNR tracks to Judith Avenue; 3) the City Solicitor be
and Communications thanking its staff for the excellent co-operation and help
received'on the matter.-
Alderman Cummings indicated that he was not opposed to having the Pettit
Avenue work deleted, however he was not in favour of transferring the contract~
prices to other work. In response to a question raised by Alderman Cummings~
the Deputy Solicitor indicated that Council could extend the prices if it chos~
to do so.
Mayor Thomson commended staff for resolving the matter so q~ickly. The
Design & Construction Engineer provided additional information 'in response to
questions raised. Alderman Schisler asked if the residents on the other
streets had been notified of this work. The Design & Construction Engineer
stated that to his knowledge~ the proper notification procedure had been
followed, however there was no guarantee that the residents would not approach~
Council with a request similar to the residents on Pettit Avenue. Mayor
Thomson asked if the works were petitioned by the residents. The Design and
Construction Engineer stated that the work was initiated by the City as a
result of complaints by residents.
· ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that the report be received and adopted. The motion Carried with Alderman
C:m~nings voting contrary, and all others in fayour.
CON~NICATIONS
No. 121 Chippaws Ladies 81o-Piteh League ReI Annual Tournament,
- ~ August
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1980. The communication requests permission of the City to serve alcoholic
beverages in conjunction with the annual tournament at the Niagara South
Recreation Complex.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Schisler,
that the request be granted in accordance with established policy. Carried
Unanimously.
No. 122 - Great Lakes/Seaway Task Force - Re: Purpose of the Task Force. The
communication explains the Task Force purpose, composition, the public meetings
arranged throughout the Province, and the procedure for submitting briefs.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that
the communication be received and filed. Carried Unanimously.
No. 123 - Niagara Transit - Re: Increase in Transit Commission Remuneration.
The communication requests Council's permission to increase the honoraria from
$1,200 to $1,500 for members and from $1,200 to $1,800 for the chairman.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the request be approved. Carried Unanimously.
No. 124 - Regional Municipality of Niagara - Re: Portage Road Bridge over HEPC
Canal. The communication extends an invitation to the Council to meet with the
Regional Public Works & Utilities Committee to further discuss the final
disposition of the Portage Road bridge over the HEPC Canal.
During discussion on this item, several members of Council felt that the
meeting should be held in the evening for the convenience of members, local
residents and business operators. It was also suggested that the meeting be
arranged in Niagara Falls.
ORDERED on the motion of Alderman Marrett, seconded by Alderman Cummings, that
the Regional Public Works & Utilities Committee be requested to meet with the
Council on August 28, 1980 at 5:00 p.m. in Niagara Falls. Carried UnanimoUsly.
No. 125 - Mr. B. Oliveira - Re: Canada. The communication encloses a poem
written and dedicated to a new and renewed Canada.
ORDERED on the motion of Alderman Herrerr, seconded by Alderman Hinsperger,
that the communication be received and filed. Carried Unanimously.
No. 126 - International Joint Commission - Re: SCA Treatment Plant. The
communication provides information on requests made by the Commission to the
governments of Canada and the United States regarding the achievement of water
quality objectives in the Great Lakes called for under the 1978 Great Lakes
Water Quality Agreement.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that the communication be received and filed. Carried Unanimously.
REPORTS
'No. 359 - City Clerk - Re: AM-11/79, Restricted Area By-law 79-154, G.A. Romeo
Construction Ltd., Proposed Motor Inn on River Road. The report advises that
the Ontario Municipal Board has appointed Monday, August 18,.1980 at 11:00 a.m.
in City Hall Council Chambers for the hearing of all parties interested in
supporting or opposing the subject application.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings,
that the report he received and filed. Carried Unanimously.
No. 360 - City Manager - Re: Site Plan Approval, Proposed Family Park, Regency
Motor Hotel, 8128 Mountain Road. The report recommends approval of the subject
site plan, subject to certain conditions.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that
the report be received and adopted, and further that the Recreation Commission
be advised of the additional recreational facilities to'be developed in the
family park. Carried Unanimously.
No. 361 - City Manager - Re: Objections to Official Plan Amendment No. 97, M.T.C.
gutplus Lands, Q.E.W. and Lundy's Lane. The report recommends that consideration
be given to the alternative Official Plan land use designations as suggested in
this report for the surplus M.T.C. lands on the corner of Lundy's Lane and
the QEWand that staff be directed appropriately.
The Planning Director provided a brief history of the matter, and advised
that while the M.T.C. was not pushing the issue, the Ministr.tes of Housing
and Environment were still quite concerned about noise from the Q.E.W. Since
Council had supported the area residents~ request for a residential development,
-8-
the Planning Director indicated that he would approach the Ministry of
Housing to have the alternatives suggested limited more to residential.
Mayor Thomson suggested that the area residents be contacted in the matter,
particularly Mr. Pasquet who had expressed concern over the type of
'development to be permitted. The Planning Director agreed that Mr. Pasquet
could be contacted, and commented that the Ministry of Housing might be
willing to permit residential even though there would be a lot of requirements.'
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett,
that the report be tabled and that the Ministry of Housing be contacted
by the Planning Director concerning residential development of the site.
Carried Unanimously.
No. 362 - City Manager - Re: Lot 24, Falls Industrial Park Extension. The
report recommends that Council approve a request for reserve from Marquis
Construction Ltd. on Lot 24, Registered Plan M-67, until August 22, 1980.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Cheesman,
that the report be received and adopted. Carried Unanimously.
No. 363 - City Manager - Re: Valley Way West Subdivision. The report
recommends that the Subdivisions Branch of the Ministry of Housing be advised
that the City of Niagara Falls concurs with a three month extension of draft
plan approval to November 16th, 1980 in respect to the proposed Valley Way
West Subdivision.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that
the report be received'and adopted. Carried Unanimously.
No. 364 - City Manager - Re: Proposed "Calaguiro Estates" Subdivision. The
report recommends that staff be authorized to engage the consulting engineeri~
firm of Delcan DeLeuw Cather Canada Limited to provide the necessary engineerS'
services in connection with the proposed "Calaguiro Estates" Subdivision.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 365 - City Manager - Re: Co-operative Tender, Gasoline, Diesel Fuel and
Lubricants. The report recommends that the second low bidder, Gulf Oil Compan~
be awarded the tender at $0.2286 per litre for regular Meeoline and $0.2426
litre for unleaded gasoline, and acceptance of the second low bidder Gulf Oil~
Company for Diesel Fuel at a price of $0.2286 per litre.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Sobol, that the
report be received and a~opted. Carried Unanimously.
No. 366 - City Manager - Re: Painting, Niagara Falls Arena. The report
recommends that Trayart Painting Limited be awarded a contract in the amount
of $6,370.00 for painting at Niagara Falls Arena.
ORDERED On the motion of Alderman Hinsperger, seconded by Alderman Cummings,
that the report be received andadopted. Carried Unanimously.
No. 367 - City Manager - Re: Proposed Addition to Niagara South Arena. The
report recommends: I) That all quotes received for the proposed addition to
the Niagara South Arena be rejected at this time; 2) That funds allocated in
the budget for this work be put in a reserve account for future use; 3) That
staff be directed to review the plans prepared by the architect, with a view
to modify or alter the same in order to bring the cost of the proposed works
down to a more reasonable amount, and additional funds, if necessary, be
included in 1981 Operating Budget for the consideration of the Finance
Comm4 tree and Council; and 4) That public tenders be called for the proposed
construction when it is decided to proceed with this work again.
The City Manager and Projects & Services Engineer provided additional
information in response to questions raised.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
No. 368 - City Manager - Re: Canadian Cancer Society - Terry Pox Day. The
report recommends that the City donate $100 towards the efforts being made
by Terry Fox to attract donations for cancer research.
Mayor Thomson urged the members of Council to attend the civic welcome
to be held for Terry Fox at City Hall on July 12, 1980. Alderman Cunmings
stated that he could not support the donation being made, since the City had
already approved a grant to the Cancer Society in the operating budget.
ORDERED on the motion of Alderman Metrate, senonded by Alderman Hinsperger,
that the report be received and adopted. The motion Carria~ With Alderman
Cummings voting contrary, and all others voting in fayour.
-9 -
No. 369 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
No. 370 - City Clerk - Re: Resolutions from Other Municipalities.
1) Regional Municipality of Ottawa-Carleton - Requesting the Pr6vince of Ontario
to undertake an extensive education program to inform motorists of recent
amendments to symbolic traffic signs.
Recommendation - That the resolution be endorsed.
2) Regional Municipality of Ottawa-Carleton - Requesting the Province of Ontario
to amend the Highway Traffic Act to permit the Regional Municipality of Ottawa
Carleton to experiment with traffic control devices for pedestrian cross-overs.
Recommendation - That the resolution be received and filed, that the action
taken by the Ontario Traffic Conference in requesting legislation which would
allow experimental forms of traffic control where considered advisable by the
Minister of Transportation & Communications be endorsed, and Ottawa-Carleton
so notified.
3) City of Brampton - Requesting the Province to assume the additional cost
incurred by municipalities as a result of the retention of the two-year term
of office.
Recommendation - That the resolution be received and filed.
4) City of Oshawa - Requesting the Provincial and Federal Governments to implement
measures to combat high mortgage interest rates.
Recommendation ~ That the resolution be endorsed.
5) City of Kitchener - Requesting tax credit be given for contributions made to
the campaigns of municipal politicians.
Recommendation - For the consideration of Council.
6) Township of Onondaga - Requesting the HOE to continue research and all other
efforts to eliminate P.C.B.'s by way of disposal by burning or otherwise.
-Recommendation - That the resolution be endorsed.
7) City of Welland - Requesting the Minister of Revenue to ensure that the size
of assessed land is shown on the 1980 Assessment Rolls.
Recommendation - That the resolution be endorsed.
8) Town of Dunnville - Requesting the Federal and Provincial governments to
establish a special reserve fund and adopt a uniform policy or criteria for
its administration.
Recommendation - That the resolution be endorsed.
9) City of Burlington - Requesting the Province to allow the apportionment of
regional and school board costs in 1981 based on the new equalization factors
without any constraints and grants be made available to phase out any adverse
fiscal impact on municipalities.
Recommendation - That the resolution be endorsed.
10) Town of Latchford - Petitionlug the Ministry of Education to review its system
of funding school busing.
Recommendation - Refer to Niagara South Board of Education with a request that
they consider the matter and forward their comments to the Ministry of Education
and the Town of Latchford.
11) City of Waterloo - Requesting the Income Tax Act be amended to allow campaign
expenses incurred by a candidate for municipal office as a deductible item
for income tax purposes.
Recommendation . For the consideration of Council.
With respect to the resolution from Oshawa regarding interest rates,
Alderman Mackenzie stated that he did not feel it was the government's place
to get involved in legislating interest rates. The Alderman explained how
the government had provided grants and financial assistance to'persons with low
incomes enabling them to purchase homes. These programs put people in houses
they could not really afford, and further government intervention would only
force others to subsidize a lifestyle such persons could not afford in the first
place.
ORDERED on the motion of Alderman Mackenzie, seconded by Alderman Chessman,
that the resolution from Oshawa be received and filed. The motion Carried
with the following vote:
A~E: Aldermen Cheesman, Cunnings,.Dilts, Hinsperger, Schisler and Mackenzie.
NAYE: Aldermen Merrett and Sobol.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilta, that
the resolutions from Kitchener and Waterloo be endorsed. Carried Unanimously.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that
the belance of the recommendations contained in the report be received and
adopted. Carried Unanimously.
No. 371 - Mayor Thomson - Re z Designation of Parking Areas for Handicapped
Persons. The report recommends that the question of designating parking areas
- 10 -
for the vehicles of handicapped persons be referred to staff for the
preparation of a report including the possibility of car stickers with
the universal Handicapped Logo being issued to them from City Hall in
order that the spaces could be policed by Commissionaires.
Alderman Herrerr advised that he had spent some time at the Ontario
Traffic Conference investigating this matter, and he had intended to have
it placed on the agenda of an upcoming Municipal Parking & Traffic Conmittee
meeting. The Alderman requested that the matter be referred to the Counnittee
for consideration prior to preparation of a staff report.
Alderman Cummings requested that a copy of any material available on
this subject be forwarded to the Social Planning Council for information.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Chessman,
that the report be referred to the Municipal Parking & Traffic Conunittee,
and further that any available material on the. matter be forwarded to the
Social Planning Council. Carried Unanimously.
No. 372 - Alderman P. Cummings - Re: Contract of Employment, Promotions and
Facilities Co-ordinator. The report recommends: 1) That the contract be for
a two-year term commencing July 14, 1980; 2) That the method of calculating
commissions as outlined in the report, be incorporated into the contract of
employment; 3) That a car allowance be paid of $250 per month (no mileage);
that OHIP, Semi-private Hospital coverage, Extended Health Care coverage,
Dental coverage and Group Life Insurance with A.D. & D. $20,000 coverage be
provided by the City based upon single coverage; and 5) approval of the
position description outlined in the report.
ORDERED on the motion of Alderman Cunnnings, seconded by Alderman Hinsperger,
that the report-be received and adopted. Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, thee'
leave be granted to introduce the following by-laws, and the by-laws be read
first time:
No. 80-120 - A By-law to authorize: 1) the sale and conveyance of a closed up
· portion of Cotfield Street; and 2) a grant to the Regional Munic~
of.Niagara-
No. 80-121 - A By-law td authorize an agreement with Niagara Frontier Humane
Society respecting animal control services.
No. 80-122 - A By-law to amend By-law No. 2530, 1960 of the former Township ot
Stamford, now in the City of Niagara Falt~, as amended, and By-lz
No. 79-200. (AM-3/80, Galco Holdings)
No. 80-123 - A By-law to amend By-law No. 2530, 1960 of the former Township of~
Stamford, now in the City of Niagara Falls, as amended, and By-1
No. 79-200. (AM-11/80, Frovincial Gas and F, Pingut)
No. 80-124 - A By-law to deem registered plans not to be registered. (As amenc
by Council - See Page 2)
No. 80-125 - A By-law to provide monies for general purposes.
No. 80-126 - A. By-law to provide for the remuneration-of the Mayor.
No. 80-127 - A By-law to. provide for the remuneration of th~ me.mbers of the
Council.
No. 80-128 - A By-law to amend By-law No. 3790, being a by-laW for the regula~
of traffic. (Gladstone Avenue)
No. 80-129 - A By-law to amend By-law No. 6340 providing for the erection of
.yield right-of-way signs at certain intersections in the municip~
(President Dr., Appleford Ave., Olden Ave., Westfield Dr., North'
Dorset Pi., Mount3ey Crt.~ Nerte Circle, Wiltshire Blvd., Fadrws.~
Rd. and Prior Cr.)
No. 80-130 - A By-law to amend By-law No. 7531, being a by-law to provide for
the erection of stop signs at intersections. (Elbe~ta Ave,, Mugg~
8t.e Belfast Ave. and Skinner St.)
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No. 80-131 - A By-law to amend By-law No. 73-159, as amended, respecting the
fencing of privately owned swimming pools.
Carried Unanimousl~
ORDERED on the motion of Alderman Dilts, seconded by Alderman Sobel, that the
following by-laws 'be now read a second and third time:
No. 80-120 - A By-law to authorize: 1) the sale and conveyance of a closed up
portion of Corfield Street; and 2) a grant to the Regional Municipality
of Niagara.
No. 80-121 - A By-law to authorize an agreement with Niagara Frontier Humane
Society respecting animal control services.
No. 80-122 --A By-law to amend By-law No. 2530, 1960 of the former Township of
Stamford, now in the City of Niagara Falls, as amended, and By-law
No. 79-200. (AM-3/80, Galco Holdings)
No. 80-123 - A By-law to amend By-law No. 2530, 1960 of the former Township of
Stamford, now in the City of Niagara Falls, as amended, and By-law
No. '79-200. (AM-11/80, Provincial Gas and F. Pingue)
No. 80-124 - A By-law to deem registered plans not to be registered. (As amended
by Council - See Page 2)
No. 80-125 - A By-law to provide monies for general purposes.
No. 80-126 - A By-law to
No. 80-127 - A By-law to
Council.
provide for the remuneration of the Mayor.
provide for the remuneration of the members of the
No. 80-128- A By-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Gladstone Ave.)
No. 80-129 - 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.
(President Dr., Appleford Ave., Olden Ave., Westfield Dr., North
Dorset P1., Mountjoy Crt., Harts Circle, Wiltshire Blvd., Fairway
Rd. and Prior Cr.)
No. 80-130 - A By-law to amend By-law No. 7531, being a by-law to provide for
the erection of stop signs at intersections. (Elberta Ave., Huggins
St., Belfast Ave. and Skinner St.)
Carried Unanimously
NEW BUSINESS
SPEED OF BOATS ON WELLAND RIVER
Alderu~n Herrerr questioned whether any progress had been made in having
speed limits established on the Welland River. Mayor Thomson indicated that
he had received some correspondence on the matter and it now appeared as
though the restrictions would not become effective during this year's boating
season. The Mayor advised that signs cautionlug boaters about speeding.
PARKING DOWNTOWN
Alderman Herrerr referred to an editorial appearing in the evening newspaper
criticizing the Parking Committee for having a lack of understanding in dealing
with parking for development in the downtown. The Alderman stated that no commit-
tee was more aware of the needs of the downtown, and the newspaper had
incorrectly sccused the Parking Committee of throwing up its hands in disarray and
sitting idly by for several weeks. Alderman Herrerr further stated that the
Parking Committee did not know about this situation, and if the newspaper had
bothered to call any member of the committee, this information would have been
confirmed. The Alderman advised Council that the matter has been placed on the
next agenda of the Parking Committee~ and suggested that in future, such
matters be referred to the Committee. The Planning Director indicated that
the matter, which had been dealt with by the Committee of Adjustment, would
be considered by the Planning & Development Committee and reported to Council,
CASINO GAMBLING
Alderman Cummings advised that Mr. F. Drea, Minister of Consumer and
Commercial relations~ had addressed the special committee of the Social Planning
..... 12
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Council regarding casino gambling. The Alderman noted that the matter had
gained quite a bit of attention in the recent past.
CUTTING OF WEEDS ON CITY PROPERTY
Alderman Cummings referred to an editorial in the evening newspaper
criticizing the City for uncut weeds in parks and on City-owned properties,
which called for action by those persons responsible. The Alderman felt
that the blame should not be placed on staff who were doing the best they
could. Alderman C.mmtngs noted that if any responsibility is to be placed,
it should be with the people setting the park system budget - Finance
Committee and Council. The Alderman conmented that if City parks are to be
kept in their natural beauty, more money will have to be spent in order to
do the Job correctly.
HISTORICAL BATTLEFIELD SITE - LUNDY'S LANE
Mayor Thomson advised that he had received a letter from Mr. D. Beardmore,
of Manan Avenue regarding the preservation of lands on the north side of Lund~'
Lane at Drun~mond Hill where the battle of Lundy's Lane was fought during the 'f
war of 1812. The Mayor provided a brief history of attempts in the past to
have the lands in this area designated as historical park sites. The Mayor
asked that Council support a further attempt to contact the various governmentF
authorities to see if funding is available to have the area designated as an
historical site. It was moved by Alderman Cummings, seconded by Alderman ,
Merrett that Mayor Thomson be authorized to contact the appropriate authoriti
regarding designation of the Lundy's Lane Battlefield area as an historical
site. Carried Unanimously.
It was moved by Alderman Cummings, seconded by Alderman Cheesman, that
the meeting adjourn. Carried Unanimously.
READ~PTED,
MAYOR WAYNE THOMSON
TWENTY-EIGHTH MEETING
Committee Room #1
July 21, 1980
COMMITTEE OF THE WHOLE
Council met on Monday, July 21, 1980 at 7:00 p.m. in Committee of the
Whole. All members of Council were present. Alderman Puttick presided as
Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting. k ~ ~ ~
READ AND ADOPTED,
MAYOR WAYNE THOMSON
REGUL~ m_ ,. ~' '
Council Chambers
July 21, 1980
Council met on Monday, July 21, 1980 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present. His Worship,
Mayor Thomson presided as Chairman. Alderman Hinsperger offered the Opening
Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Merrett, seconded by Alderman Ninsperger,
that the minutes of the meeting held on July 7, 1980, be adopted as printed.
Carried Unanimously.
UNFINISHED BUSINESS
APPLICATION FOR BILLIARD LICENCE - DRUMMOND SQUARE, 4465 DRUMMOND ROAD
Report No. 373 - City Clerk - The report recommends that Council hear those
persons who wish to speak in support of, or in opposition to the granting of
a billtard licenee to Messrs. F. & M. LaPenna.
Mr. P. Kormos, solicitor for the applicants, was granted permission to
.address Council on the motion of Alderman Cheesman, seconded by Alderman Dilts.
Mr. Kormos stated that the question of the application for a license was
straight forward and clear.' With respect to problems being experienced by
area businesses and residents, Mr. Kormos indicated that little of what he had
to say would deal directly with the grievances and complaints raised, since
the application forthe licenee was not related to the problems.
Mr. F. Spadafora was granted permission to address Council on the motion
of Alderman Orr, seconded by Alderman Hinsperger. Mr. Spadafora, owner of the
Pizza Palace Restaurant, indicated that he was opposed to the pool hall opening
at the plaza. While Mr. LaPanna was not being blamed for the problems residents
have had in the past, Mr. Spadafora was concerned that these problems would
arise again in the future. Mr. Spadafora also commented that he would consider
moving his business elsewhere if the pool hall were permitted to operate in
the plaza.
Mr. E. Rampado was granted permission to address Council on the motion of
Alderman Merrett, seconded by Alderman Ntnsperger. Mr. Rampado, who was speaking
on behalf of area residents, indicated that the residents have been subjected
to trespass, vandalism, abusive language, drinking and noise, especially in front
of the plaza. Because of the meetings that were held, Mr. Rampado advised that
the residents feel the problems are subsiding. Mr. Rampado felt that opening
a pool hall in the plaza would only compound the problems and would be unfair
to the residents and business operators who have invested money in their
properties. '
-2-
Mr. R. Lawrence of Skate Town, was granted permission to address
Council on the motion of Alderman Cummings, seconded by Alderman Chessman.
Mr. Lawrence stated that the majority of his clientele were children under
the age of fourteen. Mr. Lawrence indicated that vandalism to his property
'has amounted to nearly $12,000, and he did not want to have that problem
again. Mr. Lawrence stated that if the pool hall were allowed to open, he
would consider moving his operation out of the plaza.
Mr. Kormos stated that Mr. LaPenna was a life-long resident of Niagara
Falls, and has invested $14,000 of his own money and committed himself to a
ten year lease in a plaza which has never had full occupancy. It was pointed
out that Mr. LaPenna had followed the proper procedure both in renting the
premises and applying for the billiard hall licence. Mr. Kormos stated that
since billlard halls were included under the schedules of the licensing by-law!
they must be considered to be acceptable businesses by Council. Mr. Kormos
urged Council not to confuse its political and administrative functions and
deal with the licenee application as an administrative function. The
requirements set down in the licensing by-law were reviewed by Mr. Kormos and
it was pointed out that no issues had ever been raised regarding Mr. LaPenna'sf
business skills, moral fibre or his capability of operating the business.
Mr. Kormos found it distressing that Council would undertake to make a decisi0:~
on the application based on the information available. It was pointed out
that Council should be encouraging young businessmen in the City, particularly{
when employment will be created. Mr. Kormos felt that to comply with the
by-law, Council should make a decision on the licence based on reports from
such agencies as the Fire Department, Police Department, Health Unit, etc.,
and not ad hoc committees or members of the community. In summary, Mr. Kormos,J
asked that Council abide by the rules it itself has created and not make up
new rules as it goes along. Mr. Kormos provided additional information in
response to a number of questions raised by members of Council and area
residents.
Alderman Merrett referred to the problems being experienced in the area
and pointed out that it was the type of business involved and not Mr. LaPenna
business reputation that was in question. The Alderman felt that Council had
an obligation to protect the interest8 of the people in-4he area, and for thai
reason he felt the application should be denied.
Alderman Sobel pointed out that Council not only had its administrative
function to consider, but all the facts involved in any kind 6f application.
The Alderman felt that the use an ad hoc committee had been ~ valuable tool in
getting the public together, and that in such situations, Council could not
simply look at the matter as paper work.
Alderman Chessman noted that the matter of granting the licence was not
simply an administrative function, and the fact that an application had been
made did not mean that the Council was obligated to grant a license. The
Alderman stated that no one was suggesting that Mr. LaPenna was responsible
for or connected with the problem at the plaza. Alderman Chessman commented
that Council would be doing the applicant a favour by denying the application,
because the location was not the best for the type of business involved.
Alderman Cummings felt that while Mr. LaPenna might be very capable of
running a billiard hall operation and controlling problems within his own
facility, a lot of the problems are with the people who have been put out of
such facilities for causing trouble.
Alderman Hinsperger stated that. while he sympathized with the motion,
Council was only dealing with one particular application and not the problemsi
associated with pool halls and arcades in general. The Alderman felt Council'
should at some time consider restricting pool halls and arcades to partiuclar~
areas', subject to Council approval.
Alderman Fera felt billlard halls tend to attract the type of people
whose behaviour leaves much to be desired. The Alderman also expressed
concern that the owners of the plaza seemed to be doing very little and in
fact, were going along with the problem by leasing space to. a billiard hall.
In response to a question raised by Alderman Graaskamp, the Deputy City
Solicitor advised that Council had a wide discretion under the Municipal Act
to refuse to issue a licence. The Deputy Solicitor stated that he had
diecussed with Council previously the legal aspects of denyiug a business
licence, and felt that he should not 8o into the matter in detail, unless
- 3 -
Council wished to discuss it again in Committee of the Whole. Alderman
Graaskamp stated that he was concerned about the problems in the area,
but in order to prohibit certain establishments from getting licences, the
by-law would have to be changed to exclude these types of businesses in
certain areas or make approval subject to special consideration. The Alderman
felt that Mr. LaPenna had not created any problems and it was only the fears
of Council and the residents that something would happen that was causing
difficulties. Alderman Graaskamp also felt that part of the problem was
caused by the fact there was little police protection in the City. The Alderman
felt that Council should attempt to stop the vandalism with proper police
protection and grant the licence unless there was legal reason not to.
Alderman Schisler pointed out that the licenee could be granted and revoked
at a later date if problems continued or increased. The Alderman suggested that
providing such a fac'ility in the area could actually help in keeping the people
off the streets.
Alderman Mackenzie felt that people were equating crowds and vandalism
with pool halls, which was not the case. If the vandals were forced away from
the plaza, they would only go to another area and the problem in general was
. not being solved. The Alderman commented that Council was trying to legislate
a social problem through zoning by-laws. Alderman Mackenzie stated that by
denying the application the City loses, Mr. LaPenna loses and the vandals win.
Following further discussion, it was moved by Alderman Merrett, seconded
by Alderman Cummings, that the application be denied. The motion Carried with
the following vote:
~YE: Aldermen Chessman, Cummings, Dilts, Fete, Hinsperger, Merrett, Puttick
and Sobel.
NAYE: Aldermen Graaskamp, Orr, Schisler and Mackenzie.
APPLICATION OF PAN-AIR HELICOPTERS LIMITED
Report No. 374 - City Clerk - The report recommends that Council review the
communications and presentations made with respect to an application of Pan-Air
Helicopters Limited for permission to operate a helicopter base from a site
previously used by Niagara Helicopters Limited, and direct Staff as to whether
an Intervention should be filed with the Air Transport Committee on behalf of
the Municipality.
Mr. R. Campbell was granted permission to address Council on the motion
of Alderman Cummings, seconded by Alderman Merrett. Mr. Campbell indicated
that he was representing the Niagara Citizens Committee which objected to the
helicopters. Among the points of concern raised by Mr. Campbell were: noise
from the helicopters bouncing off the walls of the gorge and the potential
hazard if the walls began to weaken; congestion of the air space over Glenview
which presents the threat of collision; and danger to the residents below in
the event of mechanical failure. Mr. Campbell stated that the residents
were not interested in running Pan-Air out of business, and suggested that the
firm stick to student training in only unpopulated areas. A petition bearing
one hundred and seventy-eight signatures in opposition to the helicopters was
presented by Mr. Campbell.
Mrs. J. Blair was granted permission to address Council on the motion
of Alderman Herrerr, seconded by Alderman Hinsperger. Mrs. Blair indicated
that she had prepared and submitted a written record of aerial flights over
her home during a five day period. During the times when Mrs. Blair was
able to work on the record, three hundred and sixty-eight helicopter trips
took place in addition to sixty-seven other aircraft. As Mrs. Blair pointed
out, this proved that there was almost continuous aircraft noise in the area.
Mrs. Blair indicated that she did not want the business closed down, but
moved to a different location.
Mr. T. Franklin was granted permission to address Council on the motion
of Alderman Cummings, seconded by Alderman Hinsperger. Mr. Franklin provided
a brief history of the problems residents On both the Canadian and American
sides of the gorge have experienced with respect to helicopters. While earlier
in the year the problem had appeared to resolve itself, Mr. Franklin noted
that the problem still exists. Although the residents were not opposed to the
business or-a little noise occasionally, Mr. Franklin pointed out that during
the last long weekend, at no time during the day could helicopters not be
heard.
-4-
Mr. E. Clifford, solicitor for Pan-Air, was granted permission to
address Council on the motion of Alderman Cummings, seconded by Alderman
Cheesman. Mr. Clifford advised that the type of helicopter used by
Pan-Air was very quiet compared to the previous machines. With respect
to the reasons outlined by Mr. Campbell for eliminating the helicopters,
Mr. Clifford pointed out there are aircraft flying over the City all the
time, and it would be unrealistic to believe that the total elimination
of helicopters would prevent the problems suggested. In regard to the
comment that the business could continue but not where helicopters could
be seenor heard, Mr. Clifford stated that this would work at the moment,
but there was no guarantee it would in the future. Mr. Clifford explained
that what was involved was a transfer of a licence from one existing
business to another existing business. To suggest that the company was
unreliable was unrealistic and Mr. Clifford stated that Pan-Air has been
more co-operative than any of its predecessors in co-operating to eliminate
difficulties. Mr. Clifford also stated that Pan-Air would operate a year-
round business, a training school together with the tourist aspect, and could
guarantee a fair amount of income to the City in taxes. Mr. Clifford comment~
that the business deserved more to be encouraged than discriminated against
by Council's intervening. It was also pointed out that the intervention couh
be at great expense to the taxpayers, and FAr. Clifford indicated that a
great many of the taxpayers have expressed support rather than opposition.
Mr. A. Shoppard, solicitor for the vendor in the transaction, was
granted permission to address Council on the motlon of Alderman Chessman,
seconded by Alderman Cummings. Mr. Shoppard suggested that it would be
helpful to Council to step back and look at the whole issue in perspective.
With regard to the intervention, Mr. Shoppard advised that under Section 27
of The National Transportation Act, Council had no authority or power to
intervene. Mr. Shoppard stated that an intervention would result in a lengthyl
costly procedure, placing a burden on all taxpayers. At such an intervention,j
evidence would be produced to the effect that the helicopters presently in
Mr. Sheppard also commented that Niagara Falls was a tourist-oriented
town and regardless of where people lived, it should b~ =~membered that the
tourist industry almost cuts tax bills iu half. In response to a question
raised by Alderman Puttick, Mr. Sheppard stated that according to The
National Tranpsortation Act, the A.T.C. is tO hear matters relating to the
conduct of heavier than air machines. The Act provides that 'railway companies
commodity pipelines and ~ransportation undertakings may lodge an intervention.=
On that basis, Mr. Shoppard felt it was not Councilss function to intervene.
Alderman Puttick disagreed that Council did not have the right to intervene
and suggested that the Cityss local Member of Parliament be requested to
look into this matter.
The City Clerk stated that the notice from the A.T.C. stated that "any
person or association or other body representing air transportation undertaki
may intervene. The Clerk advised that on checking wlth the Licensing Divisio~'
of the A.T.C., he had been told by the head of that Division that in his
opinion, the Municipality had a right to file an intervention. Mr. Shoppard
stated that he too had called Ottawa, and while the A.T.C. had agreed wlth
his interpretation, it was felt that the Board would overlook this fact and
for public reasons allow interventions by municipalities. Mr. Clifford felt
that there was no.,question the Municipality had a right to intervene, however
it was a question of the grounds of the intervention. Mr. 'Clifford suggested
that the Board would not pay a great deal of attention to grounds such as noi~
pollution.
During the discussion that followed, Mr. A. Connora, Mr, I~ Fisher,
Mr, J. Dawson, Mr. B, Arnold, Mr. ]. Peters and Mr, J. Johnson provided
additional information and expressed their opinions ~n the ma~ter.
Hayor Thomson stated that Council must make a dec18ton on whether or not
to lodge an intervention. The Hayor noted that during the la8t ten or twelve
years, Council had never had an opportunity to be heard by an expert body who?
Job it would be to determine whether or not the operation was valid, and to
make suggestion8 or changes to improve the situation. ~ayor Thomson pointed
~out that vhile there was no question the residents were concerned, many
~people would not be alive today because of the helicopter firm~s assistance
'~n rescue operations.
It was moved by Alderman Craaskamp, that Council not file an interventi~
on the grounds the City does not have Jurisdiction. Alderman Craaskamp questt
-5-
the cost that could be involved if the City were to intervene, particularly
when the City did not appear to have Jurisdiction to file an intervention.
While the Alderman sympathized with the residents, he stated that he was
more concerned with the rights of other people and the laws on the books.
Alderman Graaskamp suggested that Council take the long range attitude and
· see what could be done after the tourist season, to prevent such problems
in the future. Mayor Thomson pointed out that if Council waited until after
the tourist season, it would be too late to file an intervention since the
deadline was July 29, 1980.
Alderman Cheesman seconded the motion to not intervene. With respect
to the residents, Alderman Chessman accepted that their concerns were genuine,
however he appealed to Council to take the global view and keep in mind the
interests of all citizens. The Alderman felt there was far more at stake
than Just the closing of one business in response to the complaints of many
people. If the Council could move against Pan-Air and diminish the firm's
property rights, then it could move against anyone owning property in the
City. Every property which was correctly used according to its zoning and
every licenee holder who operates his business in accordance with the terms
of the licenee, would be placed in double Jeopardy. Alderman Chessman stated
that if Council were to intervene in the transfer of the licence, it would be
one of the most arbitrary and discriminatory actions to be taken by the City.
The Alderman stated that the real question was not whether helicopters make
an objectionable noise, but rather what noise helicopters make as compared to
other noise sources in the City such as other aircraft, railway trains,
transportation vehicles on the Q.E.W., etc. 'If Council were to take away
the license of Pan-Air, the Alderman felt no business holding a licence in
the City would be safe. Such a form of retroactive down zoning would not be
an appropriate message to be sending out to companies thinking of locating
in Niagara Falls. With respect to property values, Alderman Chessman reminded
Council that the statement property values would decrease was merely an
assertion and there was no evidence to this effect. If one considers the
work done in that part of the City under the N.I.P. and R.R.A.P. programmeg,
the Alderman felt that property values could only have increased during
the past few years, and since Pan-Air has replaced the old helicopters by more
modern and quieter equipment, property values must have increased since Pan-Air
had been in town. The Alderman felt the words "we object" were not enough to
submit to the A.T.C. The A.T.C. would be looking for facts and evidence, not
claims and assertions. Alderman Cheesman outlined a number of ~uestions that
. could be raised at the hearing, and suggested that once the Chairman heard
the answers, he would grant the licenee transfer. In summary, Alderman Cheesman
requested that Council keep the sound of helicopters in relationship to other
sounds in the City, and not exclude the other sounds. Mayor Thomson took
exception to the suggestion that Council might move against any other type of
business in the future, and pointed out that during the earlier consideration
. of a pool hall licence, Alderman-Cheesman had voted for denial of the licenee
on the basis of complaints from area residents. Alderman Cheesman stated
that in that matter, the applicant did not have a licenee at the moment, while
· in .this case, the business has a license an4 is now functioning.
Alderma~ Merrett stated that the company was operating only on a temporary
licenc~. The Alderman stated that the hearing would give the City an
opportunity to comment on a problem in existence over ten years, and he could
not believe that'any agency would not take the Municipality's comments into
consideration. As far as other businesses being in double Jeopardy was
concerned, the Alderman stated that if there are businesses causing a problem,
and through legal avenues the City had a chance to solve a problem, it was
Council's responsibility to listen to the people in the area.
Alderman Dilts felt that Council could not object to every problem that
creates some discomfort, particularly if it will put people out of work. The
Alderman referred to the smoke and odour problems experienced by residents of
Chippaws, and pointed out that the residents are working with the industries
to resolve these complaints.
Alderman Fera stated that while some of these problems might exist in
the City, some are not conducive to the well-being of the people in the
community. The Alderman felt that the people were not complaining about the
helicopters themselves, but the altitudes and flight patterns'followed, and
suggested that an effort be made to compromise.
Alderman Hinsperger stated that he had visited the operation and had stood
directly beneath one o~ the helicopters while it was running and had been able
-6-
7
to carry on a conversation. The Alderman stated that he would sooner see
a flight pattern established that was acceptable and have some form of
assurance that the pattern will be followed. The liceace should not be
denied, but the A.T.C. made aware of the fact the City was against
violations of the flight patterns and lower elevations. The Alderman
suggested that Council intervene not to stop the licence, but to insure
that proper flight patterns and elevations are maintained.
Alderman Mackenzie stated that there is a term called expropriation
without compensation, and it is a part of a continuing erosion of property
rights. The Alderman suggested that us one would be happy if one day they
had the right to do something and the next they could not, and felt that
this was what would happen if the helicopters were stopped.
Alderman Puttick stated that all previous Councils had supported the
residents in their problems and had attempted to resolve them. At no time
in the past had there been any objections by members of Council, or
accusations that Council was trying to take the firm's litonce away. The
intent had always been to reach a compromise. The Alderman stated that if
Council missed the opportunity to at least try and get a compromise, th n
the people in Glenview would have to live with thin problem indefinitely.
Alderman Sobol suggested that when the intervention is lodged, it
would be a good idea to establish a committee of residents and representatives'
of the helicopter firm to sit down and reach an appropriate compromise.
Alderman Schisler ntated that he could support the intervention only
if it meant the firm would not be put out of business.
Following further discussion, the motion by Alderman Graaskamp, seconded
By Alderman Chessman, that the intervention not be filed, was Defeated with
the following vote:
AY.E: Aldermen Chessman, Dilts, Graaskamp and Mackenzie.
NAY__E: Aldermen Cummings, Fete, Hinaperger, Merrett,. Orr, Puttick, Schisler
and Sobol.
It was then moved by Alderman C,mmings, seconded by Alderman Merrett,
that the City file an intervention with the Air Transport Committee, and
that a committee be established to monitor the situation an4 keep Council
informed. The motion Carried with the following vote:
Aldermen Chessmad, Cummings, Fera, Hinsperger, Merrett, Orr, Puttick,
Sobol and Mackenzie.
NAYJ: Aldermen Dilts, Graaskamp and Schisler.
REPORT OF THE AD H0C GAMBLING/GAMING STUDY GROUP - CASINO GAMBLING
Communication No. 127 - Social Planning Council - The communication outlines
recommendations to the Council respecting casino gambling, monte carlo, bing0,i,'
lottery and raffle operations, granting of municipal liceaces, granting of
Provincial licenoes, penalrich, establinhment of a monitoring group and the
possibility of this subject being placed on the ballot in November in the
fo~n of a referendum.
Mr, J. Walker of the Social Planning Council was granted permission to
address Council on the motion of Alderman Conunings, seconded by Alderman Fete.!
Mr. Walker reviewed the reco~nendations of the Ad Hoe Gambling/Gaming Study
Group of the Social PlauninS Council. Following the reading of the recommend'~
tion8, Mr. Walker provided additional information in response to numerous '
questions raised by members of Council,
Alderman Cummings referred to the recommendation regarding a monitoring
co~ittee and advised that Mr. F. Drea, Minister of Consumer & Commercial
'~elations has indicated that he would like to have this committee as part of
8 pilot project in the City. The Alderman commented that over $1 million
had been Srossad by the various binSo operations in the City during 1979, and
~hat the City had not had any trouble with bingo operations. Alderms '
Cummings felt certain that if the "monte earls" events were allowed t~ contim{
~here would be no problems since the service clubs would have everything to
_~oee, including their names and reputa~ions, if problems occurred.
Alderman Nerrett indicated that he was pleased with the conmtents in the
~evort regarding the monitorinS Broup and the minimum five year establishmentL
~ri~eria for local organizations as a condition of approval. This would prey
'~l~-b~-~!~h~" ~peratora and ptote~ established ~h~rches ~t~d service clubs.
.~.,7
Additional information was provided by Mr. Walker in reapones to
questions rained by Aldermen Cheesman and Fera.
Mr. Walker introduced the members of the study group who were in
attendance at the meeting. Mayor Thomson thanked the members of the group
for the excellent job done in such a short period of time, and noted that
the Social Planning Council would likely remain involved in the matter
through the establishment of the monitoring committee.
Following further comment, it was moved by Alderman Cummings~ seconded
by Alderman Graaskamp, that Council adopt the recommendations of the Ad Hoc
Gambling/Gaming Study Group; go on record with the Provincial Government as
being opposed to legalized professional, commercial "casino" type gambling;
indicate that it is in favour of the continued operation of bingoes, lotteries
and "monte carlo" events as they are operated now; and further that a
Monitoring Group, as recommended in the report, be established. Carried
Unanimously.
It was moved by Alderroan Cummings, seconded by Alderman Merrett, that
Council suspend the 11:00 p.m. adJournament as provided in the Procedural
By-law, and continue in session. Carried Unanimously.
PORTAGE ROAD REGIONAL BRIDGE OVER H.E.P.C. CANAL
Report No. 375 - City Manager - The report advises that a joint meeting of
City Council and the Regional Public Works & Utilities Committee to discuss
the subject matter, has been scheduled for 1980 08 28 at 4:30 p.m. at
Dorchester Manor in Niagara Falls.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that
the information he noted, and the report received and filed. Carried
Unanimously.
MUNICIPAL LIAISON COMMITTEE SPECIAL PURPOSE BOARDS & COMMISSIONS
Report No. 376 - City Manager - The report recommends that Council review the
response contained in the report, and if acceptable, forward same to the
Regional Municipality of Niagara. The report further recommends that the
Region suggest the Municipal Liaison Committee be asked to revise their
recommendations in order to clarify the position of area municipalities
~here Regional government has been established.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
TELECOMMUNICATIONS STUDY
Report No. 377 - City Manager - The report recommends passage of a by-law to
provide for an agreement with National Utility Services (Canada) Limited
respecting services to be provided 'and for the nharing of the cost savings
over the next five years.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fore, that the
report be received and adopted. Carried Unanimously.
See By-law No. 80-132
DEEMING OF PLANS OF SUBDIVISIONS ~ PART OF PLAN 11 (NOW PLAN 260) AND PART OF
PLAN 16 (NOW PLAN265)
Report No. 378 - City Clerk - The report recommends that Council review the
request contained in the letter from Kenmore Construction dated July 17, 1980,
together with the previous material submitted to Council, to determine if the
above referenced plans should be the subject of a DeemingBy-law.
Alderman Hinsperger referred to the suggestion in Mr. Kaufman's letter
respecting an agreement between himself and the City if his lands were not
deemed, and asked if such an agreement would be satisfactory to the City.
The Design & Construction Engineer stated that sub]act to the appropriate
sording, the City could live with the conditions of the agreement suggested
by Mr. Kaufmmn. In response to a further question raised by Alderman Hinsperger,
{lie Design & Construction Engineer stated that he could not confirm that there
,would be no .danger of {loGdinS ~n the future as a result of not deeming the
-8-
Kenmore lands. Mayor Thomson pointed out that no permits would be issued
until the City has resolved the flooding problems in Chippawa.
Following further comment, it was moved by Alderman Hinsperger, seconded
by Alderman Cheesman, that Council not deem the lands owned by Kenmore
Construction in the subject Plans, subject to a satisfactory agreement being
arranged between Kermore Construction and the City. The motion Carried with
Alderman Sobol voting contrary, and all others voting in favour.
PROMOTIONS AND FACILITIES CO-ORDINATOR
Report No. 379 - City Manager - The report advises that an agreement has
been prepared covering the terms and conditions under which the City agrees
to engage the Promotions and Facilities Co-ordinator, Mr. R. Lavella.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that
the report be received and filed, and the byelaw given the appropriate reading!~
Carried Unanimously.
See By-law No, 80-1
COMMUNICATIONS
No. 128 - R. Blake Erwin & Matthews - Re: Proposed West Park Estates Subdivisi
by the Regional Planning & Development Committee.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Graaskamp,
that the request be endorsed. Carried Unanimously.
No. 129 -Mainand Ferry Business Association - Re: Proposed Pool Room and Arc~
5900 Main Street. The communication protests the establishment of a pool halli
and arcade at 5900 Main Street.
The City Clerk advised that he had received a letter from the solicitor
for the owner of the subject property stating that the owner wishes to withdral
his application for an arcade at this time, since the use is not permitted
under By-law 79-200.
Mrs. I. Bald of the Association was granted permission to address Council
t e t r awi
application for the arcade, and no mention was made of the pool hall operationi:
Mrs. Bald asked whether an application for a pool room will be made, and if
has been made whether it will be withdrawn. The City Clerk advised that he we'
only aware of the application for the arcade being made. Mayor Thomson
advised that if an application is made for a pool hallllicence, the Associatin-
would be notified.
ORDERED on the motion of Alderman Orr, seconded by Alderman Chessman, that
the communication be received and filed. Carried Unanimously.
It was moved by Alderman Merrett, seconded by Alderman Htneperger, that
items #1 and #2 under the Planning section of the reports, be moved forward
for consideration. Carried Unanimously.
Report No. 380 - Planning & Development Coamilttee - Re: Objections and
Proposed Modifications - Official Plan Amendment No. 71. The report recommen&~
that the staff recommendations regarding proposed modifications to Official
Plan Amendment No. 71 be approved, and that staff be directed to advertise
the modifications to Part 14 of Official Plan Amendment No. 7i regarding
agricultural policies for Council's consideration in order to satisfy the
requirements for public notification and input with respect to this matter.
Mr. E. Burger was granted permission to address Council on the motion of
Alderman Schisler, seconded by'Alderman Sobol. Mr. Burger stated that while
he was in general agreement, his concern involved the minimum separate
,distance requirements and the difficulties involved in applyins the formulas.
.~r. Burger stated that the minimum separation distance requirements tend to
"lock in farm operations.
In response to a question raised by Alderman Grsaskamp, the Planning
Director stated that the formulas outlined in the report are taken from the
9
Code of Practices issued by the Province, and the Province was now insisting
that reference be made to the Code in Official Plans. The Planning Director
commented that the Official Plan only recognizes the Code, it does not say
the Code is perfect, and it was suggested that revisions to the Code, particularly
regarding minimum separation distance requirements, should be made to the
Province separately.
Mr. S. Gill was granted permission to address Council on the motion of
Alderman Chessman, seconded by Alderman Cunnnings. Mr. Gill expressed his
views on the effect of development on agricultural lands. Mr. Gill also
was concerned with the use of the word "endeavour" in the Official Plan, as
it related to the retention of farms in large units. The Planning Director
explained that Official Plans will use wording such as "will endeavour" since
Official Plans reflect policies. If the wording "must be" were used, it would
be included in a by-law.
The Planning Director provided additional information in response to
questions raised by Alderman Graaskamp and Mr. Burger.
Mr. P. Grandoni was granted permission to address Council on the motion
of Alderman Merrett, seconded by Alderman Chessman. Mr. Grandoni stated that
he would like Council to be aware that the Agricultural Code of Practice does
not take into account farm and field operations.
Mr. J, Dawson was granted permission to address Council on the motion
of Alderman Cummings, seconded by Alderman Orr. Mr. Dawson was critical of
the fact the notice stating that Council would be considering the matter,
indicated a 7:00 p.m. commencement time, and it was well after 11:00 p.m.
by the time the matter came up for consideration. Mr. Dawson expressed his
views on the directions of development suggested in the Official Plan, and
how this development was infringing on prime agricultural lands. With respect
to the time of the meeting, the Planning Director stated that his Department
had not known there would be so many controversial items placed on the agenda
when the notice had been sent to the local newspaper. Due to time restraints,
it was necessary to hold the public meeting to review the modifications as
part of a regular Council meeting.
The Planning Director also provided additional information regarding
industrial lands on St. Paul Avenue in response to a question raised by
Alderman Sobol.
Following further comment, it was moved by Alderman Schisler, seconded
by Alderman Sobol, that a separate submission regarding improvements in the
Agricultural Code of Practice, be send to the Province. Carried Unanimousl.~.
It was then moved by Alderman Fare, seconded by Alderman Graaskamp, that
the report be received and adopted. Carried Unanimously.
No. 381 - Planning & Development Committee - Re: Removal of Parking Requirements
in Certain Commercial Areas, Official Plan Amendment No. 117. The report
recommends approval of Official Plan Amendment No. 117, and that Council
instruct staff to amend the zoning by-law implementing Official Plan Amendment
No. 117 as requested by the Municipal Parking Committee.
The Planning Director provided additional background information for
the members of Council.
ORDERED on the motion of Alderman Marrett, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
It was moved by Alderman Cummings, seconded by Alderman Schtsler, that
item ~1 under the Miscellaneous section of the reports, be moved forward for
consideration. Carried Unanimously.
No. 382 - Recreation Commission - Re: Intercity Soccer League Games. The
report recommends that the I~tercity Soccer League pay $25.00 per game and
$8.00 for the use of the lights, plus all additional costs to the City due
to large attendances; further that permission be given for an admission
charge end the exclusive use of the soccer/track and field area in Oakes Park
during the Intercity Soccer game.
, J
- 10 -
Iu response to a question. raised by Alderman Merrett, the Director of
Recreation advised that the Commission had done an interim review of the
matter and had come up with the recommendations outlined in the report which
will only be in effect until the end of the season. Over the long term,
'there will be work done by the Commission and the various groups involved
to develop policies for the future.
In answer to a question from the audience, The Director of Recreation
advised that in the past, the soccer groups have experienced difficulty and
have wanted to charge for admission. The City will receive $25.00 per game
plus any additional charges involved in the use of the field. The groups
are charging the public a fee for use of a City owned facility, however
the funds are coming back into the City to assist in operational costs for
these facilities. In response to a question raised by Mayor Thomson, the
Director of Recreation stated that a similar type of policy has been in
use at Ker Park for at least eleven years.
Following further discussion, it was moved by Alderman Schisler, seconded]
by Alderman Sobel, that the report be received and adopted. Carried Unanimous2]/
******
COMMUNICATIONS - Con ' t...
No. 130 - Regional Municipality of Niagara - Re: 1980 Current Budget. The
communication provides information on the Regional Budget guidelines, actual
budget and the impact of specific expenditures and revenues.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cheesman,
that the communication be received and filed. Carried Unanimously.
No. 131 - Regional Municipality of Niagara - Re: Guidelines for Sewer and
Water Construction. The communication requests representation from the City
on a committee established to review the Regional Guidelines for sewer and
water construction in conjunction with the guidelines of the MOE.
ORDERED on the motion of Alderman Fete, seconded by Alderman Sobel, that the
Design & Construction Engineer represent the City on the-committee. Carried
Unanimously.
No. 132 - Downtown Board of Management - Re: Removal of Christmas Scrolls from.,
Hydro Poles. The communication requests assistance from the City in removing
the old Christmas scrolls' from the hydro poles on the street.
ORDERED'on the motion of Alderman Chessman, seconded by Alderman Cummings,
that the communication be referred to the Finance Con~ittee. Carried
Unanimously,
No. 133 - Ontario Paper Company Limited - Re: Newspaper Recycling Program.
The communication provides information on the firm's undertaking of a major
newspaper recycling program.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings,
that the communication be received and filed. Carried Unanimously.
No. 134 - Niagara Falls Flyera Hockey Club - Re: Signing to Niagara Falls
Arena. The communication requests that signs be erected on Highway #420 at
.Stanley Avenue and Macdonald Avenue giving directions to the Niagara Falls
Memorial Arena and stating "Home of the Niagara Falls Flyera".
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fare, that
the communication be referred to staff for the preparation of a report.
Carried Unanimously. ."
REPORTS
No. 383 - City Manager - Re: Lot Grading and Drainage Policy. 'The report
.recommends: 1) That Council approve in principle the adoption of the recommenda
tions contained in the attached report entitled "Guidelines on Lot Grading
and Drainage Control"i 2) Staff be directed to prepare a proposed "Lot Grading
and Drainage" policy for the City, based upon the aforementioned report; and
3) The City Solicitor be directed to also prepare a report on the legal and
enforcement aspects of the proposed policy.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger,
that the report be received and adopted.. Carried Unanimously.
MOTE: Aldermen Graaskamp retired from the meeting.
- 11 -
No. 384 - City Manager - Re: Purchase of New Equipment - 1980. The report
recommends the acceptance of the low tenders on various pieces of automotive
equipment.
Alderman Merrett stated that it was his understanding from discussions
at budget time, that a committee was to have been established to look into
the purchase and use of City vehicles. The Alderman felt this committee should
have an opportunity to investigate the subject before any purchases are made.
The Equipment Superintendent advised that the only reference he could find of
a committee, was the appointment of Aldermen Dilts, Merrett and Puttick to a
committee studying car pooling and checking mileages. A report had been submitted
to Council in January requesting permission to call tenders, and once the budget
was approved, tenders were called in the normal manner.
Alderman Dilts referred to the committee mentioned by Alderman Merrett and
stated that the idea had come up during budget discussions on the purchase of
eight new vehicles he had wanted deleted from the budget. After some discussion,
it had been decided to leave the items in the budget and form a committee to
find out whether they were required. The Alderman also referred to two vehicles
purchased in the fall of 1979 and questioned whether that purchase represented
an increase in the fleet. The Equipment Superintendent advised that the two
vehicles purchased in 1979 were purchased for a specific purpose and are now in
use. The vehicles they were replacing are being used temporarily while
maintenance is being carried out on other vehicles. The vehicles that the four
wheel drive trucks are replacing, will be sold at the auction sale in the
Fall along with all of the other equipment the tender will be replacing.
Alderman Dilts was critical of the fact that four wheel drive vehicles were
being driven forevery day use in view of the expense associated with the
operation of this type of vehicle. The Equipment Superintendent stated that
the new vehicles should be used and not left sitting idle. In the winter,
they will be used for light duty plowing.
Following further comment, it was moved by Alderman Merrett,,seconded
by Alderman Dilts, that items 1 to 4 of the tender be deferred, that the
tenders submitted on items 5 and 6 be accepted, and further that the matter
be referred to the committee previously established to review use of vehicles.
The motion Carried with Alderman Puttick abstaining on a conflict of interest,
and all others voting in layout.
No. 385 - City Manager - Re: Finished Road Construction in Frontchat Woods
Extension Subdivison - Village Crescent. The report recommends that a
deviation be made from the City's Declaration of Policy for Subdivision
Development to construct curbs and gutters and top asphalt on Village
Crescent .and a sidewalk on the north side of the street only from Drummond
Road to the existing pedestrian walkway at the easterly end of the street.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett,
that the report be received and adopted. Carried Unanimously.
No. 386 - City Manager - Re: Building and Development Report for June 1980.
The report provides information current news relative to permit statistics
and development proposals for the month of June, 1980.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sobel, that
the report be received and filed. Carried Unanimously.
No. 387 - City Manager - Re: Proposed Office Development Northwest Corner of
Huron and St. Clair. The report recommends passage of a by-law to authorize
a cash-in-lieu of parking agreement with Nello and Gulllane DiCasbarro.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
See By-law No. 8Qr138
No. 388 - City Manager - Re: Site Plan Approval for Proposed Single Family
])welling and Conversion of an Existing Dwelling to Commercial Use, Pine Tree
Village Mobile Home Park, 2175 Mewburn Road. The report recommends approval
of the subject site plan subject to certain conditions.
ORDERED on the motion of Alderman Sobel, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
No. 389 - City Manager - Re: Site Plan Approval for Proposed Commercial Complex,
HaLsod Road (South Side, east of and adjacent to the Canadian Tire Property).
The report recommends approval of the subject site plan, subject to certain
conditions.
ORDERED on the motion of Alderman Sobel, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
- 12 -
No. 390 - Mayor Wayne Thomson - Re: Parking Traffic and Tourist Study. The
report recommends: 1) Approval in principle of the draft work programme for
the study; 2) That the City Manager he authorized to take all steps to carry
out an attitude survey at a cost not to exceed $8,000; and 3) That the City
Manager be authorized to take all steps to carry out a parking survey at a
cost not to exceed $6,000.
Alderman Puttick referred to the figure mentioned in the report of
$80,000 for the estimated cost of the study and stated that when it had been
discussed at the Niagara Parks Commission, a figure of only $40,000 had been
mentioned. Mayor Thomson stated that $40,000 had been placed in the budget
before the extent of the study had been fully known. The Mayor further
advised that the Ministry of Industry & Tourism has indicated an interest
in participating financially with the City in the project.
In response to a question raised by Alderman Puttick, the Projects and
Services Engineer stated that the consultant has copies of previous reports
initiated by the City, the Region and the Province and will be filling in
any gaps left between the various reports carried out in the past. It was
further pointed out that the report was only requesting approval in principle
as that approaches can be made to the Province regarding funding. In answer
to a question raised by theMayor, the Projects & Services Engineer advised
that Mr. Harris of the Niagara Parks Commission had been aware of the $80,000
figure and the Commission had copies of the latest material on the matter
which contained the estimated cost.
Alderman Puttick stated that he was opposed to the increase in cost
from $40,000 to $80,000, part of which the Alderman considered to be payment
for the duplication of work already carried out under previous studies. The
Projects & Services Engineer indicated that he would like an opportunity
of discussing the matter in detail with the Alderman so that any possible
misunderstandings could be cleared up.
Following further comment, it was moved by Alderman Chessman, seconded
by Alderman Merrett, that the report be received and adopted. Carried
Unanimously. ---
No. 391 - City Manager - Re: Six Month Statement of Revenue and Expenditures.
The report recommends that Council review, and receive and. file the six month
statement along with the accompanying report.
The Deputy Treasurer provided additional information in response to a
question raised by Alderman Cobol.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Chessman, that
the report be received and filed. Carried Unanimously~
No. 392 - CityManager - Re: 1979 Financial Statements and Auditors' Report.
The report recotmmeads that the 1979 Financial Statements be reviewed and
received and filed by Cotmoil.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Chessman, that .
the report be received and filed. Carried Unanimously.
:
No. 393 - City Manager - Re: Municipal Accounts. The report recommends payme~
of the municipal accounts.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Marterr, that-
the report be received and.adopted. Carried Unanimously.'
No, 394 - City Manager - Re: Installation of Electric Door Operators for
Various Fire Stations. The report recommends acceptance of the .proposal by
Overhead Door Company in the total amount of $9,743.00 for the installation
of electric door operators for various fire stations.
ORDERED on the motion of Alderman Dilts, seconded by Alderman 'Hinsperger, that~
the report be received and adopted. Carried Unanimously.
No. 395 - Loan Review Comittee - Re: Applications for Assistance. The report
recentends approval of nine applications for assistance received under the
Ontario Home Renewal Program.
ORDERED on the motion of Alderman Fern, seconded by Alderman Marrett~ that
,the report be received and adopted. Carried Unanimously.
No. 396 - City Manager - Re: Ryerson Market Park Development, Phase 3. The
report recommends that Triple M Demolition be awarded the contract for demolit
of a building within the Ryeteen Market Park Development, Phase 3.
ORDERED on the motion of Alderman Sobs1, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously. e No
Se Resolution ~
- 13 -
No. 397 - City Manager - Re: Designation of Maple C.S.C.P. Area. The report
recommends passage of a by-law prepared in accordance with the provisions of
Section 22.2 of The Planning Act, designatingMaple as the 1980 C.S.C.P. Area
for the City of Niagara Falls.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
See By-law No. 80-1~6
PETITION
Communication No. 135 - Residents of Ferguson Street - Re: Condition of Ferguson
Street between River Road and Terrace Avenue. The communication requests that
the City restore Ferguson Street to the condition it was in prior to repairs
made to the sewer.
Report No. 398 - City Manager - Re: Glenview Neighbourhood Improvement Area,
Reconstruction of Ferguson Street from Terrace Avenue to River Road. The report
recommends that Council authorize staff to examine various 1980 operating
budget road accounts in order to ascertain whether an estimated amount of
$6,000 can be transferred in order to complete the reconstruction of this
section of road to the same standards as the remainder of Ferguson Street.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Fern, that
the report be received and adopted. Carried Unanimously.
COMMUNICATION
No. 136 - Downtown Business Association - Re: Second Annual Fall Fest. The
communication requests that Queen Street be closed to traffic from Erie Avenue
to St. Lawrence Avenue from 8:00 a.m. to 5:30 p.m. on August 23, 1980; that
parking in the downtown be free on this date; and approval to operate a beer
tent in the Centennial Square.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings,
that the requests be approved subject to established policy. Carried Unanimousl_~y_.'
RESOLUTIONS
No. 48 - SOBOL - SCHISLER - RESOLVED that the tender submitted by Triple M
Demolition for demolition of a building in Phase 3 of the Ryerson Market Park
Development, be accepted at the tendered price of $5,600.00; AND the Seal of
the Corporation be hereto affixed.
Carried Unanimouslx
No. 49 - MERRETT - HINSPERGER - RESOLVED THAT WHEREAS the delay in receiving
current assessment data necessary for the preparation of the 1980 tax demands
has resulted in an inordinate increase in the cost of the City's temporary
borrowing costs;
AND WHEREAS the date required for the return of the assessment roll to the
Clerk of the Municipality, namely not later than the third Tuesday following
the first day of December in the year in which the assessment is made, has
repeatedly been extended by order of the Minister of Revenue;
THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of
Niagara Falls requests the Minister of Revenue to have the annual assessment
rolls prepared and returned to municipalities within the dates presently
prescribed by The Assessment Act, and that the Minister be requested to submit
a revised roll to municipalities reflecting changes made by The Assessment
Review Court;
AND BE IT FURTHER RESOLVED that the request be submitted to the Association
of Municipalities of Ontario for eudorsation and support; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Hinsperger, seconded by Mderman Dilts,
that leave be granted to introduce the following by-laws, and the by-laws
be read a first time:
No. 80-132 - A By-law to authorize an agreement with the National Utility
Service (Canada) Limited.
No. 80-133 - A By-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Palls Planning Area. (No. 117)
- 14 -
No. 80-134 - A By-law to authorize an agreement with L & N Construction and iz
Excavating of Niagara Limited. (Two Readings Only)' ~
No. 80-135 - A By-law to authorize the execution of an agreement with Roy
MacNamara carrying on business as Triple-M Demolition for the
demolition of buildings.
No. 80-136 - A By-law to designate a redevelopment area. (Maple C.S.C.P. Area)
No. 80-137 - A By-law to authorize the execution of an agreement with Robert
Lavelle.
- 15 -
It was moved by Alderman Cummings, seconded by Alderman Hinsperger,
that Council rescind its resolution of January 28, 1980, to approve in
principle a land exchange involving lands forming part of the Glenview Park,
between the City and Spironello and Iseppon Investments Limited. The
motion was Defeated with the following vote:
.AYE: Aldermen Cummings, Fera, Hinsperger and Merrett.
NAYE: Aldermen Chessman, Dilts, Puttick, Schisler, Sobol and Mackenzie.
NOTE: Alderman Orr was absent when the vote was taken on this
matter.
No. 80-138 - A By-law to authorize the execution of an agreement with Nello
DiGasbarro and Giuliana DiGasbarro respecting parking facilities.
No. 80-139 - A By-law to amend By-law No. 79-199, as amended, being a by-law
to provide for the adoption of an amendment to the Official Plan
for the Niagara Falls Planning Area. (No. 71)
No. 80-140 - A By-law to provide monies for general purposes.
Carried Unanimousl.~
ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the
following by-law be now read a second time:
No. 80-134 - A By-law to authorize an agreement with L & N Construction and
Excavating of Niagara Limited.
Carried Unanimousl'~
ORDERED on the motion of Alderman Fern, seconded by Alderman Chessman, that th{
following by-laws be now read a second and third time: ~
No. 80-132 - A By-law to authorize an agreement with the National
Utility Serv
(Canada) Limited.
No. 80-133 - A By-law to provide for the adoption of an amendment to the Offic
Plan of the Niagara Palls Planning Area. (No. 117)
No. 80-135 - A By-law to authorize the execution of an agreement with Roy
MacNamara carrying on business as Triple-M Demolition for the
demolition of buildings.
No. 80-136 - A By-law to designate a redevelopment area. (Maple C.S.C.P. Area):~
No. 80-137 - A By-law to authorize-the execution of an agreement with Robert
Lavelie.
No. 80-138 - A By-law to. authorize the execution of an agreement with Nello '
DiGasbarro and Giuliana DiGasbarro respecting parking facilities.i~
No. 80-139 - A By-law to amend By-law No. 79-199, as amended, being a by-law t{
provide for the adoption of an amendment to the Official Plan fo,
the Niagara Falls Planning Area. (No. 71)
No. 80-140 - A By-law to provide monies for general purposes,
Carried Unanimous~
NEW BUSINESS
GLENVIEW PARK LAND EXCMANGE
A question was raised as to the advisability of rescinding a motion passe,'
earlier by Council respecting a possible land exchange between the City and
Spironello and Iseppon Investments Ltd. respecting lands forming part of the
Glenview Park. The exchange was required in order to facilitate the proposed
expansion of the property known as the Shady Rest Motel. The rescinding of
the earlier resolution approvin8 of the land exchange in principle, would
appear to be in order, particularly in view of Council's action in not
approving an application for rezoning of the subject lands. ]
It was moved by Alderman Dilts, seconded by Alderman Cheesman, that
the meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
SON, CITY CLERK
MAYOR WAYNE THOMSON
TWENTY-NINTH MEETING
Committee Room #1
August 5, 1980
COMMITTEE OF THE WHOLE
Council met on August 5, 1980 at 6:45 p.m. in Committee of the
Whole. All members of Council were present with the exception of Aldermen
Cummings and Orr. Alderman Schisler presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting. ~ && · · ~,
READ AND AD PTED,
, Ul'~ CITY
..... ~.. ~.
MAyoR WAYNE THOMSON
Council Chambers
August 5, 1980
Council met on August 5, 1980 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Aldermen Cummings and Orr. His Worship, Mayor Thomson presided
as Chairman. Alderman Merrett offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fare, seconded by Alderman Sobol, that
the minutes of the meeting held on July 21, 1980, be adopted as printed.
Carried Unanimously.
UNFINISHED BUSINESS
RESTRICTED AREA BY-LAW 79-200
Report No. 398 - City Clerk - The report advises that the Ontario Municipal
Board has appointed Tuesday, September 2, 1980 in the City Hall Council
Chambers for the hearing of all parties interested in supporting or opposing
the subject by-law.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that
the information be noted and the report received and filed. Carried Unanimously.
GLENVIEW NEIGHBOURHOOD IMPROVEMENT AREA RECONSTRUCTION OF FERGUSON STREET
FROM TERRACE AVENUE TO RIVER ROAD
Report No. 399 - City Manager - The report recommends: 1) That staff be
authorized to proceed with the design and tender call for the reconstruction
of Ferguson' Street from Terrace Avenue to River Road, subject to N.I.P.
subsidies; 2) That a portion of the City's share of the work, in the amount
of $5,400 be charged to the 1980 Operating Budget, and the balance estimated
at $6,000 be charged to Account No. 13101 (contributions to Capital Budget);
and 3) That a copy of the report be sent to the residents who submitted a
petition for these works.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
POSSIBLE STANDARDS FOR RESTAURANTS LICENSED UNDER TME LIQUOR LICENCE ACT
Report No. 400 - Alderman Graaskamp - The report recor~aends that all material
received relative to the possible setting of standards for restaurants licensed
under the Liquor LicenceAct be referred to the Social Planning Council for
their con~nents.
ORDERED on the motion of Alderman Craaskamp, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
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AGREEMENT BETWEEN THE CITY AND SUNNYLEA CONSTRUCTION LIMITED ET AL - LOTS 1
TO 30, PLAN 260 AND LOTS 14 TO 75'PLAN'265, FORMER VILLAGE OF CHIPPAWA '
No. 401 - City Manager - The report recommends passage of a by-law to authorh
an agreement respecting the development of the subject lands.
Mayor Thomson advised that the developer had requested additional time
to review the contents of the agreement with his solicitor.
ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Fera, that
the report be tabled. Carried Unanimously.
NIAGARA FALLS ARENA - COMMITTEES
Report No. 402 - Mayor Wayne Thomson - The report recommends that the present4
"Niagara Falls Arena Committee" be dissolved and that a Niagara Falls Arena
Renovations Steering Committee and a Niagara Falls Arena Working Committee bet
established.
Alderman Puttick suggested that a representative of CJRNRadio Station
be invited to serve on one of the committees, since the station does cover
events at the Arena.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger,
that the report be received and adopted, and further that a representative
of CJRN Radio Station be invited to sit on one of the Arena Committees.
Carried Unanimously.
COMMUNICATIONS
requests that Council consider fencing the playground on Carolyn nuce°Tunic
In response to a question rai~ed by Alderman Puttick, the City Manager
stated that he was not aware of this request having been made to the City
Works stated that he will request' the Parks Superintendent to have a
prepared on the matter for the next meeting.
ORDERED on the motion of Alderman Fera, seconded by Ald'~rman Merrett, that
communication be referred to staff for a complete report. Carried Unantmousl:.~,
No. 138 - City of Thorold - Re~ Designation of
and Provincial Governments designate and develop the Flight Locks area of the~
Welland Ship Canal as a National Heritage Park.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Dilts, that
the resolution be supported. Carried Unanimously.
No. 139 - City of Toronto - Re: Consumers' Gas Rate Increase Applications.
communication invites the Municipality to take Joint action in monitoring
future applications by Consumers' Cas.
Mayor Thomson felt it should be clearly explained to Toronto that the
City is willing to support such action, but that no monetaryf~ommitment is
being made.
Alderman Cheesman stated that when the price of petroleum increases as
a result of government action, the cost of natural gas increases automatical
The Alderman asked why, when the government authorizes gradual increases in
petroleum, the City would oppose increases by the natural gas producers.
Alderman Sobol indicated that if the City supports looking into the reasons
for rate increases, an explanation may be received to Justify higher profits.b
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the ~
City support the proposal of the City of Toronto to monitor future rate ~
· increase applications by Consumers' Gas. Carried Unanimously. ~
No. 140 - Lundy's Lane Historical Society - Re~ Lundy's Lane Battlefield Land
The communication expresses opposition to the proposed redevelopmerit of lands'
,on the north side of Lundy's Lane at the top of the hill opposite DrummondHi
Presbyterian Church and Drummond Hill Cemetery.
ORDERED on the motion of Alderman Martart, seconded by Alderman Htnsperger,
".that the support of the Society be acknowledged and used in any efforts made
. by the Municipality to preserve the site of the battleof Lundy's Lane. Carl
Unanimously. ~
No. 141 - Social Planning Council - Re: Establishment of Committees. The
communication advises that committees have been established to study vandalis
end recreation.
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ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that
the communication be received and filed. Carried Unanimously.
No. 142 - Mrs. P. Mace - Re: Improvements on Byng Avenue. The communication
requests that the City consider providing sewers, roads, sidewalks and curbs
on Byng Avenue.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Schisler,
that the communication be referred to staff with the suggestion that Mrs. Mace
be contacted and provided with information regarding the installation of
services under the Local Improvement Act. Carried Unanimously.
No. 143 - Ministry of Housing - Re: Ontario Home Renewal Program· The
communication advises that the City's application for a Provincial grant
in the amount of $58,218.29, has been approved.
· ORDERED on the motion of Alderman Graasknmp, seconded by Alderman Hinsperger,
that the communication be received and filed. Carried Unanimously.
No. 144 - Ministry of Housing - Re: Annual Housing Review. The communication
advises that the annual housing review has been further 'refined to deal
exclusively with assisted housing programs in order to determine which
municipalities are interested in specific programs.
ORDERED on the motion of Alderman Sobol, seconded by Alderman-Cheesman, that
the communication be received and filed. Carried Unanimously.
No. 145 - United Way - Re: United Way Street Banner. The communication
requests Permission to fly a United Way Street Banner from September 15th
to November 15th across Victoria Avenue at Morrison Street.
The City Manager stated that it was possible the location for the
banner might be changed to Victoria at McRae.
ORDERED On the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that the request be .approved subject to similar approvals being obtained from
Niagara Palls Hydro and the Regional Municipality of Niagara. Carried
Unanimously.
No. 146 - Niagara Falls Skating Club Inc. - Re: Financial Assistance. The
communication extends the appreciation of the Club to the City for financial
assistance during the 1979-80 season.
ORDERED on the motion of Alderman Fare, seconded by Alderman Hinsperger, that
the communication be received and filed. Carried Unanimously.
No. 147 - Mrs. L. Shannon - Re: Redmond Heights. The communication expresses
opposition to the renaming of a private laneway from Bellerue Terrace to
Redmond Heights, and requests that consideration be given to reinstating the
original name or choosing a more acceptable name.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Schisler, that
the communication be referred to the Street Name Committee for consideration.
Carried Unanimously.
No. 148 - Cascade Square Dancers - Re: Square Dancing Week. The communication
requests that the week of September 22 - 28, 1980, be proclaimed "National
Square Dancing Week".
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that
the request the approved subject to the established policy on proclamations.
Carried Unanimously.
REPORTS
No. 403 - Recreation Commission - Re: Ice Scheduling at Municipal Arenas. The
report recommends that the schedules for the winter use of-municipal arenas be
approved by City Council.
Alderman Herrerr asked if the Commission has done any costing on opening
up the arenas during the early morning hours for rentals. Since requests for
rentals are increasing, the Alderman felt it was only a matter of time before
such hours would be necessary. The Director of Recreation explained that use
of these hours has been investigated by the Arena Managers and the Projects &
Services Engineer. There are no additional staff available to work the added
hours, and existing staff do not wish to work the extra hours on a continual
basis. It was also pointed out that the funds raised would be minimal and
would not cover the operational costs of having the arenas open during the
early morning hours. The Director of Recreation further advised that many
of the early morning rentals would be an "off the ' eat" type of rental and
str
not the'regUlar sessonal rentals. Alderman Merrett suggested that the
Commission investigate the demands and costs for early morning rentals,
and have this information reviewed by the Finance Committee.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Schisler,
that the report be received and adopted. Carried Unanimously.
No. 404 - Plannins & Development Committee - Re: Zoning Amendment Application
AM-12/80 M, Mullart, Southeast Corner of Morrison Street and Drummond Road. The
report recommends approval of the application for a farmer's market, and that
if the property ceases to be used for this purpose, that the zoning shall
revert to the previous Residential 5.a. zoning.
ORDERED on the motion of Alderman Fare, seconeed by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
See By-law No. 80-6
No. 405 - City Manager - Re: Sale of Timber - Falls Industrial Park Extension.
The report recommends passage of a by-law to authorize an agreement with Edge~
Lumber Ltd. for the sale of timber in the Falls Industrial Park Extension.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that~
the report be received and adopted. Carried Unanimously.
See By-law No. 80-~
No. 406 - City Manager - Re: Niagara South Board of Education - Request for
Conveyance of Road Allowance.
Mayor Thomson advised that the report should be withdrawn~ due to an
error in publication of the road closing by-law. ,
ORDERED on the motion of Alderman Dilts, seconded by Alderman Fare, that the
report be withdrawn. Carried Unanimously.
No. 407 - City Manager - Re: Renewal of Lease - Ministry of Government Service4
Provincial Court Facilities, 4300 Queen Street. The report recommends passage'
with a right of renewal by the Ministry for a further one-year period.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that~
the report be received and adopted. Carried Unanimous~
See By-law No. 80-F
No. 408 - City Manager - Re: Granting of 3-Foot Easement to Gerald and Sandra
Phillips. The report recommends that the Municipality enter into an agreement.'
permitting the owners of a part of Lot 9, Plan 30, now Plan 996, to use the
southerly three feet of that portion of Lot 10 immediately flanking their
property, on the understanding Mr. and Mrs. Phillips will assume the cost for
preparation and deposit of a reference plan designating the land covered by
three-foot easement as a separate part. ~
ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman, the'
the report be received and adopted. Carried Unanimously.
No. 409 - City Manager - Re: Renewal of Storage and Parking Licence - Ontari01
Hydro. The report recommends passage of a by-law to authorize a litante agre
with Ontario Hydro covering 1.6 acres in Part of Lot 42, for the purposes of
storage and parking adjacent to the City's Service Centre, at a~rate of $2,30[
per annum.
ORDERED on the motion of Alderman Grasskemp, seconded by Alderman Fare, that
the report be received and adopted. Carried Unanimously.
'See By-law No. 8~
No. 410 - City Manager - Re: Collection of Cardboard in the Downtown Business
Area. The report recommends that the City resume the collection of cardboard
wastes in the downtown business area along with normal garbage collection
,
services in the area for the foreseeable future.
Alderman Sobol questioned whether there were other businesses in the
interested in taking this cardboard collection service over as opposed to the
City reverting to its previous collection of all refuse at one time. The
Maintenance & Operations Engineer indicated that he would check into the
availability of an alternate service.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, th,t.
the report be received and adopted, and further that staff determine if anothtl
'firm would be interested in collecting cardboard wastes in the downtown businI
.area. Carried Unanimously.
No. 411 - City Manager - Re-' Contract R.C. 15-80, Base Asphalt Construction i
the Falls Industrial Park Extension Subdivision and Bess Aspha!t Repairs in t
Falls Industrial Park Subdivision. The report recommends acceptance of the
unit prices submitted by Steed & Evans (Niagara) Limited for the subject
contract.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Cheesman,
that the report be received and adopted. Carried Unanimously.
See Resolution No. 50
See By-law No. 80-147
No. 412 - City Manager - Re: Voluntary Payment for Overtime Parking Offenses
at Meters. The report recommends that the by-law respecting voluntary payments
for parking offenses be amended to provide a voluntary payment of $3.00 for
overtime parking at meters in place of the present $2.00 payment, effective
September 2, 1980.
Alderman Merrett indicated that he could not support the recommendation
of the Parking Committee to increase the fines, and felt that there must be
alternative sources of revenue that could be considered rather than increasing
either the meter rates or fines.
Mayor Thomson suggested that the matter be referred back to the Parking
Committee for further consideration. The Mayor pointed out that the City is
trying to revitalize the downtown, and while the increase would generate an
additional $20,000 in revenue to the Parking Fund, such action could be
detrimental to the Downtown.
Following further comment, it was moved by Alderman Merrett, seconded
by Alderman Chessman, that the report be referred back to the Municipal Parking
Committee for further consideration. Carried Unanimously.
No. 413 - City Manager - Re: Proposed Watermain Installation on Bender Street
and Palmet Avenue, 1980 Capital Budget. The report recommends passage of a
by-law to authorize the installation of a watermain on Bender Street from Falls
Avenue to Palmar Avenue and on Palmer Avenue from Bender Street to Victoria
Avenue.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
See By-law No. 80-148
No. 414 - City Manager - Re: Six Month Progress Report of the City of Niagara
Falls Municipal Works. The report provides information on the activities of
the Design & Construction Department, Building & Development Department and the
Maintenance & Operations Department for the first six months of 1980.
Alderman Puttick referred to the fact that building permits were down over
1979, as well as the number of contracts tendered, and yet the print shop
operations had increased considerably over the same period in 1979. The
Director of Municipal Works explained that preparation of reports for Council
alone involved substantial printing costs. It was also advised that the print
shop prints for all City departments, not Just the Municipal Works section.
Alderman Sobol also noted that the use of committees adds to the number of
reports that must be printed.
The Director of Municipal Works provided additional information regarding
the filling of two non-union positions, one of which was the replacement for
the Chief Works Inspector, with the second being the new ~osition of Supervisor
of Research and Complaints which was.approved in the budget.
Alderman Puttick noted that the country was in a recession, everything was
down and yet the City was still constant with staff and was moving people
around. The Alderman noted that one employee wanted more time to do his Job
and so another person was hired to handle complaints, Alderman Puttick asked
who would be handling complaints in the predicted upswing in the Fall. The
Director of Municipal Works advised that the new position created would only
handle engineering complaints. It was further advised that when the building
permits started to slow down, the Building & Development Department had one
less employee. Another employee in the Building & Developmeat Department was
now checking backyard drainage, and it was felt that if construction did pick
up in the Fall, the Department might need this one person back.
In response to a question raised by Alderman Puttick regarding work done
in the winter months at Grassy Brook Park, ~he Director of Municipal Works
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stated that the Municipal Works section was involved in year round work,
and not all pro~ects could be carried out in the warmer months.
Following further comment, it was moved by Alderman Sobel, seconded
by Alderman Puttick, that the report be tabled for two weeks to allow
further study of its contents. Carried Unanimously.
No. 416 - City Manager - Re: Municipal Accounts.
of the municipal accounts.
No. 415 - City Manager - Re: 1) By-law respecting the Widening and Reconstruct~
of Parts of Atlas Street, Judith Avenue and Churchill Street and the Reconstru~
of Roger Crescent; 2) By-law to Authorize Improvements on Parts of Kalar Road'~
and Kitchener Street; and 3) By-law to Authorize the Reconstruction of Part of
Main Street. The report recommends that Council hear any person who claims t~
his land will be pre~udicially affected by any of the subject by-laws, and
subject to there being no valid objections, that the first two by-laws be give(
three readings and the remaining by-law be given a third reading.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
See By-laws 80-149
80-150 and 79-213
The report recommends paymen~
The City Manager, the City Treasurer and the Deputy City Clerk provided
additional information on Cheques #6636, 6789, 6804, 6835 and 6836 in response~
to questions raised by Aldermen Puttick, Schisler and Sobel.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Cheesman, the
the report be received and adopted. The motion Carried with Alderman Merrett
abstaining on a conflict of interest on Cheque #6751"'~ a~d all others voting
in fayour.
No. 417 - City Manager - Re: Ontario Home Renewal Program. The report recomme
that the City once again accept applications for Home .Improvements under the
Ontario Home Renewal Program (O.N.R.P.)
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fore, that
the report be received and adopted. Carried Unanimouslv~
No. 418 - City Manager - Re: 1979 Annual Report of the City Manager. The repe~
provides a Summary of the various civic operations during 1979 in the City of~
Niagara Falls.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman, thaJ'
the report be tabled for two weeks. to allow further study of its contents.
Carried Unanimously.
No. 419 - Mayor Wayne Thomson - Re: Reduction of PedeStrian Hazard - Portage
Manor. The report recommends that the problem of potential pedestrian hazards~
faced by the residents of Portage Manor be referred to staff with a request
that they work with representatives of the Regional Municipality of Niagara
and the Greater Niagara Transit Connnission on recommendations to alleviate
the problem.
'Mayor Thomson explained the problem being experienced by the residents
of Portage Manor who have to cross Portage Road going to and from the bus sto~
on the west side of Portage Road. The Mayor requested that Council authorize
staff to deal with the Region and come up with some method of providing safe~
and improved access'back and forth across this section of Portage Road.
Mr. Sheldon Delane~ of Portage Manor provided additional information on
the matter.
Following further discussion, it was moved by Alderman Cra_askemp, secondei
by Alderman Chessman, that the report be received and adopted; Carried
Unanimously.
No. 420 - City Manager - Re: Niagara South Recreation Centre - Shower Additi0~
The report recommends= 1) That an addition be placed on to the Niagara South
Arena which would house shower rooms for the six existing dressing rooms at a'
total cost of $49,200; and 2) That funds to cover the cost of the work be
provided as followsl $30,000 from the 1980 operating budget; $10,000 from the
.-Niagara South Action Group and the remaininS 89,280 to be provided from the
20,000 Reserve Fund set up for floodlighting of the Baseball Fields at the
lagare South Recreation Centre.
Alderman Hinsperger advised that the showers were badly needed at the
Niagara. South Arena, and would provide the:necessary facilities required
I
N
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for tournaments. The previous shower facilities were inadequate, and the
walls required continual maintenance. Mayor Thomson requested that a letter
of appreciation be sent to the Niagara South Action Group for contributing
$10,000 toward the cost of the improvements.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Fera, that
the report be received and adopted, and that a letter of appreciation be sent
to the Niagara South Action Group. Carried Unanimously.
RESOLUTIONS
No. 50 - SCHIBLER - CHEESMAN - RESOLVED that the unit prices submitted by
Steed & Evans Limited for base asphalt construction in the Falls Industrial
Park Extension and base asphalt repairs in the Fails Industrial Park, be
accepted at the tendered price of $78,546.90; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimouslx
BY-LAWS
ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Hinsperger,
that the following by-law be now read a third and final time:
No. 79-213 - A By-law to authorize the reconstruction of Main Street from
Ferry Street to Delaware Street.
Carried Unanimouslx
ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
No. 80-141 - WITHDRAWN (See Page 2)
NO. 80-142 - A By-law to amend By-law No. 2530, 1960 of the former Township of
Stamford, now in the City of Niagara Falls, as amended, and By-law
No. 79-200. (AM-12/80, M. Mullen)
No. 80-143 - A By-law to authorize the execution of an agreement with Edgewood
Lumber Ltd. for the sale of timber.
No. 80-144 - WITHDRAWN (See Page 4)
No. 80-145 - A By-law to authorize a renewal of the lease of the old City Hall.
No. 80-146.- A By-law to authorize a litante agreement with the Ontario Hydro
(lands north of Service Centre, Stanley Avenue).
No. 80-147 - A By-law to authorize the execution of an agreement with Steed and
Evans Limited for base asphalt construction and base asphalt repairs.
No, 80-148 - A By-law to authorize the construction of a watermain as an improvement
to the water supply system in the urban service areas of the City.
No. 80-149 - A By-law respecting the widening and reconstruction of parts of
Atlas Street, Judith Avenue and Churchill Street and the reconstruction
of Roger Crescent.
No, 80-150 - A By-law to authorize improvements of parts of Kalar Road and
Kitchener Street.
No. 80-151 - A By-law to authorize the sale of land to Helen Nauman.
No. 80-152 - A By-law to close portions of Queen Street, Ontario Avenue and
Cryslat Avenue.to vehicular traffic on a temporary basis,
'No. 80-153 - A By-law to provide for the holding of an additional advance poll
for the 1980 municipal election.
No. 80-154 - A By-law to authorize a lease with Niagara Falls Badminton Club
Limited,
No. 80-155 - A By-law to provide monies for general purposes.
Carried with Alderman
Herrerr abstaining on
Cheque #6751 of By-law
80-155, and all others
voting in fayour.
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ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that
the following by-laws be now read a second and third time:
No. 80-141 - WITHDRAWN
No. 80-142 - A By-law to amend By-law No. 2530, 1960 of the former Township of
Stamford, now in the City of Niagara Falls, as amended, and By-L
No. 79-200. (AM-t2/80, M. Mullen) ~
No. 80-143 - A By-law to authorize the execution of an agreement with Edgewood-
Lumber Ltd., for the sale of timber. '
No. 80-144 - WITHDRAWN
No. 80-145 - A By-law to authorize a renewal of the lease of the old City Hall~
No. 80-146 - A By-law to authorize a licence agreement with the Ontario Hydro~
(1suds north of Service Centre, Stanley Avenue).
No. 80-147 - A By-law to authorize the execution of an agreement with Steed an~
Evans Limited for base asphalt construction and base asphalt rep~
No. 80-148 - A By-law to authorize the construction of a watermain as an impr~
to the water supply system in the urban service areas of the Cityj
No. 80-149 - A By-law respecting the widening and reconstruction of parts of
Atlas Street, Judith Avenue and Churchill Street and the reconstF
of Roger Crescent.
No. 80-150 - A By-law to authorize improvements of parts of Kalar Road and
Kitchener Street.
No. 80-151 - A By-law to authorize the sale of land to Helen Nauman.
No. 80-152 - A By-law to'close portions of Queen Street, Ontario Avenue and C~
Avenue to vehicular traffic on a temporatiO_basis.
No. 80-153 - A By-law
the 1980
No. 80-154 - A By-law
Limited.
to provide for the holding of an additional advance pollS.
municipal election. ,
to authorize a lease with Niagara Falls Badminton Club
No. 80-155 - A By-law to provide monies for general purposes.
Carried with Aide
Merrett abstainix
Cheque #6751 of
80-155, and all ot
voting in favour.~
NEW BUSINESS ,
MESSAGE OF CONGRATULATIONS MISS J. MITCHELL
Mayor Thomson noted that Miss Jackie Mitchell who had artended the Olympff
for the Physically Disabled in Holland, had won a Gold Medal and four Silver
Medals in swimming competition. It was moved by Alderman Sobol, seconded by "
Alderman Hinsperger, that a message of congratulations be sent .to Miss Mitche~
Carried Unanimously.
REPORT ON STAFFING - REGIONAL MUNICIPALITY OF NIAGARA
Alderman Puttick stated that he had learned of a report prepared for the
Region on staffing in the area municipalities as well as the Region Accordin
to his information, the Alderman stated that the 'Region and the area municips
were overstaffed by two hundred and fifty employees. Alderman Puttick felt
that the City should contact the Regional Chairman and ask if the report was -
prepared, and if so, that a copy be provided to the area municipalities.
Alderman Graaskamp felt that the matter should be substantiated before
Council took any action. The City Manager stated that the City of Niagara
Falls was not overstaffed.
II
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Following further conm~ent, it was moved by Alderman Puttick, seconded
by Alderman Dilts, that the Regional Chairman be requested to indicate whether
or not such a report has been prepared. The motion Carried with Alderman
Grasskemp voting contrary, and all others voting in fayour.
DIRECTIONAL SIGN TO U.S.A.
Alderman Puttick stated that he had been travelling towards Queenston
on Highway #405 and had noticed a sign directing traffic to U.S. Interstate
190. The Alderman asked why an actual U.S. Interstate sign would be erected
on an Ontario highway, other than to direct traffic in that direction. The
Director of Municipal Works stated that the sign would be on the M.T.C.
right-of-way a~d that the matter would be checked with the Ministry.
POOL HALLS
Alderman Hinsperger suggested that Council consider deleting the reference
to pool halls in By-law 79-200. The Alderman referred to the fact that two
applications have been made for pool hall licences so far, and it would only
be a matter of time before the problem came up again. Alderman Merrett agreed
with the intent of the suggestion, however he felt it would not be appropriate
to make changes to the new zoning by-law prior to the upcoming O.M.B. hearing
in September. The Alderman indicated that there had been some discussion on
the possibility of including a particular wording that would require special
permission for pool halls and not simply automatic approval.
Mayor Thomson suggested that the matter be the subject of a report to
determine how such uses could be controlled in the future. It was moved by
Alderman Hinsperger, seconded by Alderman Merrett, that the matter be
referred to staff for the preparation of a report. Carried Unanimously.
MCRAE STREET
Alderman Marrett indicated that he had received complaints from residents
on McRae Street regarding speeding cars and accidents as a result of heavier
sun~ner traffic. It was moved by Alderman Merrett, seconded by Alderman Cheesman,
that the Niagara Regional Folice be requested to patrol the area more
frequently and possibly enforce speed limits with radar. Carried Unanimously.
FINANCE CO~ITTEE MEETING
Alderman Chessman reminded members of the Finance Committee meeting to be
held on Wednesday, August 6, 1980. Mayor Thomson indicated that the members of
the Committee were requested to bring their copies of the 1979 financial
statements to the meeting.
PROFESSIONAL ENGINEERS ASSOCIATION CITIZENSHIP AWARD
Mayor Thomson advised that Mr. C.H. Eidt, Director of Engineering for
the Regional Municipality of Niagara, and former City Engineer of Niagara Falls,
will receive the citizenship award from the Association of Professional
Engineers of Ontario for his substantial contribution to the community while
maintaining his identity as an engineer. It was moved by Alderman Herrart,
seconded by Alderman Hinsperger, that a message of congratulations be sent
to Mr. Eidt on behalf of the City Council. Carried Unanimously.
80TH BIRTHDAY OF THE QUEEN MOTHER
Mayor Thomson advised that he had sent birthday greetings to the Queen
Mother on behalf of the City on her 80th birthday. The Mayor indicated that
he had received a letter from Buckingham Palace expressing the Queen Motherse
pleasure at having received the City's best wishes.
PLAZAS ON LUNDY'S L~
· Mayor Thomson advised that he had received complaints from owners and
businesses of the Dominion 8tore/Zellers Plaza on Lundy's Lane, requesting
policing of their parking lot after business hours. Motorcycles, vans and
cars are apparently congregating in great numbers and make a great deal of
noise when leaving the area, sometimes as late as 2:00 a.m. and 3:00 a.m.
The Mayor suggested that the complaint be referred to the Niagara Regional
Police for assistance. It was~moved by Alderman Merrett, seconded by
Alderman 8beesman, that the Niagara Regional Police be requested to assist
in resolving the problem. Carried Unanimously.
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COMPLAINTS RECEIVED UNDER PROPERTY STANDARDS BY-LAW
Alderman Puttick referred to an earlier request made by Council for a
report on the number of properties with which the City has had difficulty
in enforcing the Property Standards By-law. The Building & Development
Co-ordinator stated that he had spoken to the Alderman who had requested the
report and had been told that the report was no longer necessary. Alderman
Puttick stated that he wanted to see a list of the properties that the
City has repeatedly had problems in trying to have ~le~ned up. To avoid
problems, the Alderman suggested that the properties be numbered and names
not used. Alderman Puttick stated that the Council would direct staff
what to do with the problem areas. It was moved by Alderman Puttick,
seconded by Alderman Dilts, that staff be requested to prepare a report
listing problem properties under the Property Standards By-law. Carried
Unanimously.
TRAFFIC LANES ON Q.E.W. NEAR MOUNTAIN ROAD
Mayor Thomson referred to the three lanes of traffic on the O.E.W.
approaching Mountain Road and stated that the one lane ends rather abruptly
and without warning. The Mayor was concerned that a serious accident could
occur with the cars travelling at such high speeds. Mayor Thomson suggested
that the M.T.C. be contacted and requested to investigate the safety aspect
of the situation and have appropriate signing placed to provide advance
notice of the lane ending. It was moved by Alderman Cheesman, seconded by
Alderman Ninsperger, that the M.T.C. be requested to investigate the matter
and take appropriate action. Carried Unanimously.
It was moved by Alderman Dilts, seconded by Alderman Fern, that the
meeting adjourn. Carrie~ Unanimously.
, DEPUTY CITY
NAYOR WAYNE THOMSON -
THIRTIETH MEETING
Committee Room #1
August 18, 1980
COMMITTEE OF THE WHOLE
Council met on Monday, August 18, 1980 at 6:45 p.m. in Committee of the
Whole. All members of Council were present with the exception of Aldermen
Cheesman, Dilts, Graaskamp, Merrett and Schisler. Alderman Sobol presided
as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting. ~AAAA'a.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
Council Chambers
August 18, 1980
Council met on Monday, August 18, 1980 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Aldermen Chessman, Dilts, Graaskamp, Merrett and Schisler. His
Worship, NAyor Thomson presided as Chairman. Alderman Orr offered the Opening
Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Fera,
that the minutes of the meeting held on August 5, 1980, be adopted as printed.
' Carried Unanimously.
DEPUTATION
MR. B. JACKSON - SWIMMING POOLS
Mr. B. Jackson was granted permission to address Council on the motion of
Alderman Cummings, seconded by Alderman Ninsperger. Mr. Jackson pointed out
that the City's pools will be closing one week earlier than the end of summer
holidays for local school children. These Children will have nothing to do, and
closing the pools would be putting them out on the street or possibly into more
dangerous swimming areas such as Chippaws Creek. Mr. Jackson recognized that
the reason for closing the pools was based on economics, however he felt Council
should consider the consequences of shutting the pools down early.
Mayor Thomson agreed that the decision to close the pools early had been
made for financial reasons. The Mayor suggested that a report could be prepared
outlining the costs involved in having the pools remain open for a further
week.
Alderman Cummings expressed concern that the closing of the pools could
be done earlier and earlier each year, and hoped that if the swimming pool
account was very close to being on budget that the pools could remain open one
more week.
In response to questions raised, the City Treasurer advised that operation
of all five pools for one week cost in the area of $10,000 to $12,000. At the
end of July, the account was right on budget, however if the pools are kept open
one more week, there would be an over-run. The City MAnager suggested the
possibility of keeping only two or three of the pools open instead of the whole
five, which would reduce the amount of over-spending in this area.
Alderman Puttick felt that if the expenditure were reasonable, the City
Manager should take steps to have the pools remain open.
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Following further comment, it was moved by Alderman Cummings, seconded
by Alderman Sobol, that staff be directed to determine the costs involved in
keeping the City pools open one additional week. Carried Unanimously.
Mayor Thomson pointed out that since there would not be another meeting
prior to the original closing date, that members of Council be polled once
the operational costs were known.
UNFINISHED BUSINESS
ZONING BY-LAW 79-200 - OBJECTIONS
Report No. 421 - Planning Director/City Solicitor - The report requests that
Council consider recommendations on a number of objections in order that the
Ontario Municipal Board can be informed of Council's position at the
September 2, 1980 hearing.
Objections 112/113/114
The Planning Director explained that the intent of the recommendation on
these objections would be to allow tannery uses in other industrial zones, bu
excludes this particular use from the City's Falls Industrial Park and the
Extension because of the earlier objections.
Alderman Sobol felt that excluding tannery uses in the City's industrial
parks would create problems in other industrial areas. Alderman Cummings felt
that such action might be giving the City an unfair advantage by protecting
its lands from the objectionable aspects of tanneries, and forcing such uses
into other industrial areas.
The Planning Director stated that the Business & Industrial Growth Agency
is prepared to support tannery uses generally in industrial zones, but in the
case of the Industrial Park and the Extension because of prior commitments to
industries purchasing lots, this use would be excluded.
Following further comment, it was moved by Alderman Fete, seconded by
Alderman ltinsperger, that the recommendations regard'f~g Objections 112, 113
and 114, be adopted.~ The motion Carried With Alderman C,,mmtngs voting contrar~
Objection 117
The Planning Director explained that at a recent meeting of the Planning.
and Development Committee, a compromise was reached between the developer and i!
many of the residents on this objection. Although the residents were not .
unanimous in their acceptance of the compromise, the Planning Director stated
that the Comittee felt the compromise should be ac~cepted by Council. The
intention of the recommendation would be to allow light industrial for the
southerly portion of the property at the northeast comer of Stanley and Churc
Lane, and prestige industrial on the northerly portion. The residents had
requested that the property be zoned residential.
Iu response to a question raised by Alderman Fete, th~ Planning Director
stated that owing to time constraints, all of the objectors 'involved were not'
notified that the report would be considered by Council.
Alderman Puttick felt that no compromise had been reached because the
City was not changing the zoning of the land to residential as requested by
the residents. The Planning Director stated that the land is presently zoned
industrial and is designated as industrial by the Official Plan. The Planninf
and Development Committee had felt there had been some movement toward
improving the future use of the site by putting some p~estige Industrial in
as well as the light industrial. If the land was to be changed to residential~2
Council would have to change the Official Plan.
Alderman Hinsperger stated that one problem the Committee had was to trY~l
and determine 'if the property could be used for any type of residential
development. No one was prepared to put single family or two-family housing
on the property and the F~ovlnce would not permit a high rise apartment due
to the close proximity of the tallway line. Because of the uusuitability of
the property to residential development, the only other uses are light and
prestlge industrial. If those uses were not permitted, the land would lie
vacant indefinitely. Alderman Hinsperger felt that most of the real obJectio.
were solved by stipulatin~ light 8rid prestige industrial uses for the proper
-3-
Alderman Fera stated that the developer had "bent over backwards" to
try and accommodate the wishes of the residents. The residents had wanted
the word "manufacturing" removed from the permitted uses, and if that were
taken out, the major part of the objection would be resolved.
The City Solicitor advised that if Council feels the report should not
be dealt with in the absence of the objectors, it was not necessary that action
be taken on the report. The City was pressed for time as far as the submission
to the Ontario Municipal Board was concerned, and the zoning would be objected
to by the residents at the hearing in any event.
Alderman Mackenzie stated that in discussions with the developer, it was
learned that the property would lie fallow, but only for a few years, at which
time the developer would not pay his taxes and the property would then come to
the City. The land cannot be developed for residential purposes. The Alderman
stated that the land is either used for industrial development or nothing, and
if it is nothing, than it will be the City's problem.
Following further comment, it was moved by Alderman Cummings, seconded
by Alderman Fera, that the matter be tabled and the objectors given an
opportunity to address Council. The motion Carried with Alderman Mackenzie
voting contrary, and all others voting in favour.
Since other objectors had not been notified, Mayor Thomson suggested a
special meeting be held prior to September 2nd, 1980, to deal with these
objections. The objectors could be notified of the date and time, and would
then be given an opportunity to address Council.
MAJOR JUNIOR "A" HOCKEY CLUB AGREEMENT
Report No. 422 - City Manager - The report recommends passage of a by-law to
authorize an agreement with Reg Quinn Limited for the 1980-81 hockey season.
Alderman Orr stated that he did not feel the agreement was in the best
interests of the City. A new Promotion & Facilities Co-ordinator was hired
for a two year contract, and yet the agreement with the Flyers was only for
one year. The Alderman felt this made the Job of the Promotion & Facilities
Co-ordinator more difficult in the event the hockey team left the City after
the 1980-81 season. Alderman Orr was also critical of the clause which gives
the City first option to purchase the team, and commented that the City should
not get involved in owning a Junior "A" Hockey team. The Alderman stated that
he wanted more information on the 80%/20% split on net game receipts, and
pointed out that season ticket sales had almost doubled over the same period
in 1979.
Alderman Cummings commented that the Promotion & Facilities Co-ordinator
should be reporting to the City Manager and not through one particular Alderman.
The Alderman commented that he was pleased to see the Clty have first option
to purchase the hockey team, not because the City would actually purchase the
team, but use this as a means of keeping the team in Niagara Falls. Alderman
Cummings did not agree with 10% of the net profits on the City's concession
'stands going to the Club. Such a clause apparently was not common in similar
agreements in other municipalities. With respect to the term of contract for
the Promotion & Facilities Co-ordinator, Alderman Cummings pointed out that
there are umny other aspects to this position besides promoting the hockey team.
In response to a question raised by Alderman Fete, the City Solicitor
stated that when it had been rumoured that a previous owner was intending to
sell the team, the clause giving the City first option to purchase was ~ncluded
in the agreement. 'This right can only be exercised if the present owner
put the ~eam up for sale, not if the team were to relocate in another area.
Alderman Fera felt the Promotion & Facilities Co-ordinator had the right
to express his opinion whether a member of Council was involved or not. With
respect to the term of 'the contract, the Alderman stated it was his understanding
that whether or not the hockey team .stayed in the City, a Promotion & Facilities
Co-ordinator would still have been hired. Mayor Thomson confirmed this point
and stated that one of the Job~s functions was to promote the hockey team, however
there were many other aspects to the Job as well.
Alderman Puttick pointed out that the agreement with the Promotion and
Facilities Co-ordinator specified that this person would report to the City
Manager. The Alderman stated that if this employee does not intend to do so,
i
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he would make sure the employee was brought into Committee of the Whole and
advised accordingly. With respect to the split on gate receipts, Alderman
Puttick pointed out that Mr. Quinn had invested a large amount of money in
improvements to the dressing rooms at the Arena. The Alderman also pointed
out that even though the team received 80% of the net gate receipts, Mr. Quinn
had still lost a substanriai amount of money in previous years.
In response to inquiries, the City Treasurer advised that the contract
was renewable annually subject to an escape clause for both parties. The
Treasurer felt that if Mr. Quinn was successful in the 1980-81 season, that
the contract would likely continue and possibly improve the terms of the
agreement to the benefit of the City. With respect to the 10% share of
net profit from Arena concessions, the City Treasurer advised that this would
not be greater than $2,000.
It was moved by Alderman Orr that the matter be referred to the Finance
Committee for further consideration. The motion was not seconded.
It was then moved by Alderman Mackenzie, seconded by Alderman Rinsperger,
that the report be received and adopted. The motion Carried with Alderman Orr'2
voting contrary.
POSSIBLE EXCLUSION FROM COMMERCIAL ZONES OF CERTAIN USES SUCHAS POOL HALLS
AND SEX SHOPS, ETC.
Report No. 423 - Planning & Development Committee - The report recommends that
the use of pool halls be controlled through the requiring of a specific amend~
to the zoning by-law and that specific advise be obtained from the City Solici~
as to a possible approach to the control of adult book shops.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Rinsperger, that
the report be received and adopted. The motion Carried with the following vot
AYE: Aldermen Cummings, Fete, Hinsperger, Puttick-and Sobol.
NAYE: Aldermen Orr and Mackenzie.
SCHOOL CROSSING GUARDS
Report No. 424 - City Manager - The report reconunend~hat Council adopt the
recommendation made in Report #265 dated May 20, 1980, that no change be made
in the present policy regarding the retirement of School Crossing Guards.
ORDERED on the motion of Alderman Pera, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
CAROLYN PARK FENCING
Report No. 425 - City Manager - The report recommends that the fencing of the
Carolyn Park be included in the 1980 fencing tenderrand that monies from the
park fund of the Expansion and .Renewal Reserve be used to finance the project.
ORDERED on the motion of Alderman Pera, seconded by Alderman Sobol, that the
report be received and adopted. Carried Unanimously.
AGREEMENT WITH NIAGARA FRONTIER HUMANE SOCIETY FOR ANIMAL CONTROL
Report No. 426 - City Manager - The report recommends passage of a by-law
approving a change in one clause of the agreement previously authorized by
Council.
ORDERED on the motion of .Alderman Hinsperger, seconded by Alderman Sobol; that
the report be received and adopted. Carried Unanimously.
See By-law 80-157
PRESENTATION RE: NEW HUMANE 8OCIgTY BUILDING
The Building & Development Co-ordinator presented a plan 'of the new
Humane Society building to be constructed on Lot 48 iu the Palls Industrial
Park. It was explained that the building would be one storey with a flat
roof, and of brick construction. There will be forty dog runs located at the
rear of the building. A berm viii be constructed between the building and
the roadway, so that it will not be visible from Murie Street,' Entrance to
the building will be from Chippaws Creek Road.
1979 ANNUAL REPORT OF THE CITY MANAGER
Repor~ No. 418 - City Manager - The report provides a summary of the various
eiViC operations during 1979 in the City of NiaSara Falls.
-5 -
Alderman Puttick suggested that the report be tabled since a number
of Aldermen were absent from the meeting.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger,
that the report be tabled for two weeks. Carried Unanimously.
SIX M~NTH PROGRESS REPORT OF CITY nF N!AG~)~ FALLS MSJN!C!PAI. WORKS
Report No. 414 - City Manager - The report provides information on the
activities of the Design & Construction Department, Building & Development
Department and the Maintenance & Operations Department for the first six
months of 1980.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger,
that the report be tabled for two weeks. Carried Unanimously.
PROPERTY STANDARDS
Report No. 427 - City Manager - The report provides information on a number
of properties on which the City is commencing proceedings under Property
Standards By-law 74-204.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger,
that the report be tabled for two weeks. Carried Unanimously.
It was moved by Alderman Hinsperger, seconded by Alderman Orr, that
the fourth report under Property Matters and the seventh report under Mnnicipal
Works Matters be moved forward for consideration at this time. Carried
Unanimously.
REPORTS
s ' ·
No. 428 - City Manager - Re: Proposed Plan of Subdivision, File 26T-80003,
Dr,mmond Park Village Extension. The report recommends preliminary approval
of the ~roposed Dr.mmond Park Village Extension Subdivision, subject to nine
conditions.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 429 - City Manager - Re: Bender Street Storm Sewer and Watermain Project.
The report recommends that the Director of Municipal Works be authorized to
engage the consulting engineering firm of Morton & Partners Ltd., specialist
consultants in geotechnics and engineering geology, as a sub-consultant to
carry out the necessary subsoil investigation. (Payment to the consultant based
on actual cost - "time basis", approximately $15,754.00.)
The Director of Municipal Works provided additional information in
response to a number of questions raised by Alderman Puttick.
ORDERED on the motion of Alderman Fera, seconded by Alderman Rinsperger, that
the report be received and adopted. Carried Unanimously.
CO~R4UNICATIONS
No. 149 - U.A.W., Local 199 - Re: Resolution on Plant Closures. The communication
requests support of a resolution'requesting legislation to ease the social, humane
and economic consequences to a community faced with a plant closure.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the
resolution be endorsed. The motion Carried with the following vote:
AYE: Aldermen C,,mminga, Fera, Orr, Puttick and Sobol.
MAYE: Aldermen Hinsperger and Mackenzie.
.No. 150 - Niagara Falls Family Y.M.C.A. - Re: Tournament at Palmet Park. The
communication requests permission to operate a beer tent at Palmer Park in
conjunction with a tournament during August 29 - September 1, 1980.
ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the
request be granted subject to established policy. Carried Unanimously.
No. 151 - Mr. A.E. Smith - Re: Watenuain on River Road. The communication
expresses concern over digging and blasting a trench for construction'of a
watermain on River Road.
The Director of Municipal Works advised that a detailed study was done
of the area by a qualified consultant. The contract t8 now being prepared and
j
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controls on blasting operations will be included in the specifications..
ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the
communication be received and filed, and further that a letter of explanation~
be forwarded to Mr. Smith. Carried Unanimously.
No. 152 - Niagara South Federation of Agriculture - Re: Agricultural Code of
Practice. The communication comments on the effects of the Agricultural Code.~
of Practice on farm operations. r
ORDERED on the motion of Alderman Cummings, seconded by Aldernmn Fete, that
the communication be referred to staff for the preparation of a report. Cart~'
Unanimously.
No. 153 - Miss I. Ploszczansky - Re: Sidewalk Romps on Robinson Street and Pe~
Street. The communication requests that the City consider having ramps
on the sidewalks on Peer Street and Robinson Street as soon as possible.
Alderman Cummings suggested that since the Social Planning Council is
involved in services for the handicapped, that a copy of the letter be sent to.-'
the Social Planning Council for information purposes.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fete, that the
communication be referred to staff for the preparation of a report, and further'
that a copy be forwarded to the Social Planning Council for information purpo~
Carried Unanimously.
No. 154 - Ministry of Transportation & Communications - Re: Q.E.W. and Highwa~
The communication provides information with respect to the erection of the
U.S. 190" sign on the Q.E.W. at Highway #405, and the third lane on the Q.E.W,~
in the area of the Mountain Road interchange.
The Director of Municipal Works advised that he had spoken to an officiaL~
of the M.T.C. regarding the installation of an additional advance warning sigr'
advising motorists that the third lane ends, and was waiting for information
on this possibility. Alderman Puttick expressed his views on the erection of~
the "To U.S. 190" sign.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, t
the communication be received and filed. Carried Unanimously.
No. 155 - Businesses of Chippaws - Re: Directional Signing to Chippaws. The
communication requests that directional sign to the Chippaws business area be
erected at the entrances to Chippaws.
ORDERED on the motion of Alderman Hinaperger, seconded by Alderman Cummings,
that the communication be referred to staff to have the signs erected as
quickly as possible. Carried Unanimously.
No. 156 - St. Catharines Campincers - Re: Annual Grape Festival Campout. The
communication requests permission to serve wine d~ring a "Wine and Cheese" psi
during the campout on September 27, 1980.
ORDHRED on the motion of Alderman Fete, seconded by Alderman-Hinsperger, that
the request be approved subject to established policy. Carried Unanimously.
No. 157 - Heart Niagara - Re: Funding Day. The communication advises that
the format for this yearss funding day will be to set up collection sites at
main plazas and other locations such as arenas, city markets, that are heav~l
peopled on Saturdays.
ORDERED on the motion of Alderman Cunnnings, seconded by Alderman Fete, that t~
communication be received and filed. Carried Unanimously.
No. 158 - Clerk of the Legislative Assembly - RO: Review of the Operation of
Ontario Housing Corporation. The communication advised that the Standing
Con~ttee on Administration of Justice will meet to review'the operation of
the Ontario Housing Corporation and local housing au~horities commencing on
September 2, 1980, and invites all interested individuals ..to submit briefs
comments. .
any conclusions reached by the Connittee.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
the communication be received and filed, and a copy forwarded to the Social
Planning Council. Carried Unanimously.
No. 159 - VsninsulaMotors (Niagara Falls) Ltd,- Re~ Purchase of Equipment.
'The communication requests that Council make a decision on whether or not to
purchase equipment tendered on in July on which Council defer=ed a decision.
7
AND
No. 160 - Autoland Chrysler Ltd. - Re: Purchase of Equipment. The communication
requests the current status of tenders submitted on the purchase of equipment.
Alderman Puttick stated that he had spoken to Aldermen Dilts and Merrett
and had arranged a meeting for August 21st at 4:00 p.m. to discuss equipment
purchases. The Alderman stated that the matter would be finalized at that
time. The City Manager pointed out that there was a meeting planned for 4:30
p.m. on that day regarding the Portage Road bridge over HEPC Canal, and suggested
the first meeting start earlier. Alderman Puttick suggested the meeting could
be held on August 25th since the Council would be meeting to discuss objections
to the Zoning By-law. The Alderman also commented that staff would not be
required at the meeting, and the committee would come in with recommendations
· for Council.
Mayor Thomson stated that if the Committee was considering over-all
changes, it would not affect the subject tender, since it was for replacement
of existing equipment. Alderman Mackenzie felt that Council should accept
the low tender and then review use of equipment. The Alderman felt that the
tenderera had dealt with the City in good faith and because of the delays in
accepting the tenders, these firms might hesitate to bid on contracts in the
future. The Alderman was also concerned that the low tenders could be lost,
and the prices might have to be re-negotiated.
Alderman Fera felt the problem had occurred because there was supposed
to have been a committee of Council deal with equipment purchases, but the
committee apparently had never met. Staff had proceeded with the tender for
equipment purchases approved in the budget, and were now being blamed for
taking care of the whole thing. The Alderman agreed that the City should
proceed with the purchase of the equipment included in the tender.
Alderman Puttick indicated that he would be withdrawing from the
committee.
The Deputy City Solicitor advised Council that there may be some danger
in accepting tenders, if the committee were to determine at a later date the
equipment was not necessary and decide not to proceed with the purchase.
Although there was no written agreement, on the basis of acceptance of the
tender, the tenderera might ask the City to pay damages for whatever expenses
were incurred.
In response to a question raised by Alderman Cummings, the City Manager
stated that he was quite certain the City would still have to purchase equipment
each year to replace old and inoperative.
Alderman Sobol stated that the tenderera were inquiring as to when a
decision was to be made, and she felt it would be sufficient for now to simply
advise the tenderera accordingly at this time.
.Alderman Hinsperger felt that since the committee would be meeting
in one week, he could see no point in accepting the tenders now.
~ It was moved by Alderman Mackenzie, seconded by Alderman 0rr, that
the balance of the equipment tender be accepted. 'The motion was Defeated
with the following vote:
AYE: Aldermen Fete, Orr and Mackenzie.
NAYE: Aldermen C,,mmings, Hinsperger, Sobol and Mayor Thomson.
NOTE: Aldennan. Puttiek abstained from voting.
REPORTS
No. 430 - City Manager - Re: Objections to Zoning Amendment By-law 80-15, Bomdal
Investments Ltd. The report recommends passage of a by-law to repeal By-law No.
80-15 respecting the subject rezoning application.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
See By-law No. 80-158
No. 431 - City Clerk - Re: AM-3/80, Objection to Zoning Amendment By-law No.
80-122, Galco Holdings Ltd. The report advises that as a result of circulating
the subject by-law, one letter of objection was received.
ORDERED on the motion of Alderman Orr seconded by Alderman Hinsperger, that
the objection be referred to the Ontario Municipal Board. Carried Unanimously.
'l
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No. 432 - City Manager - Re: Designation of Site Plan Control Areas. The
report recommends passage of by-laws designating two site plan control areas..~
(Pingue and Provincial Gas Properties McLeod Road east of Ontario Hydro AND
Mullen and Regional Niagara properties southeast corner of Dr-m~ond Road
and Morrison Street)
ORDERED on the motion of Alderman C,,m~ings; seconded by Alderman Orr, that
the report be received and adopted. Carried Unanimously.
See By-law No. 80~.
No. 433 - City Manager - Re: Lot 25, Falls Industrial Park. The report reco~
approval of the sale of Lot 25, Registered Plan 243 from Vincent A. Kerrio to
Fermino Susin and that the Legal Department prepare the necessary by-law and
agreement for the transfer.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Mackenzie, that!
the report be received and adopted. Carried Unanimously.
No. 434 - City Manager - Re: Lot 47, Falls Industrial Park. The report recoF~'
approval of a Request for Reserve from Juergen Philipp (Canada) Inc. on Lot
Registered Plan 243 until November 13, 1980.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Mackenzie, that;
the report be received and adopted. Carried Unanimously.
No. 435 - City Manager - Re: Lot 13, Falls Industrial Park Extension. The rep~
recommends approval of a request by Mr. Antiryes Kalaycioglu and Abraham
Aghamanoukian to commence construction of the building on Lot 13, Registered
Plan M-67 not later than May 31, 1981, and the City Solicitor be authorized tcN
pare the appropriate legal documents for this extension.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Mackenzie, that~
the report be received and adopted. Carried Unanimously.
No. 436 - City Manager - Re: Firefighters Coats w/Special Nomex Inner Liner.
Limited in the amount of $10,061.70 for a r
sized firefighters coats.
ORDERED on the motion of Alderman Fore, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
No. 437 - City Manager - Re: Severance Application B-290/80, Z. Manni on Keitb
Street. The report recommends that staff be authorized to appeal the decision
of the Land Division Committee with respect to severance application B-290/80
on Keith Street, sinde the Committee in approving this severance did not
include the general service charge which was recommended by staff.
The Director of Municipal Works advised that following contact to the
Land Division Committee, a revised notice of the decision was received stating
that the general service charge had been included a~ a condition of approval,
however had been omitted from the original notice. The solicitor for the
applicant has questioned the propriety of this action, and would not be
recommending to his client that the charge be paid. For this reason, the
Director of Municipal Works felt the City should proceed with the appeal.
If at a later date the applicant chose to pay the chargep, the appeal could
be withdrawn.
ORDERED on the motion of Alderman Hinsperger, seconded by-Alderman Sobol, that
the report be received and adopted. 'Carried Unanimously.
· No. 438 - City Manager - Re: Intersection Control. The ~eport recommends
preparation of a by-law'to allow the erection of a stop-sign facing eastbound
traffic on Elizabeth Street at its intersection with Carroll Avenue.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously. '.
NOTE: Alderman. Oft was absent when the vote was taken on.this matter.
No. 439 - City Manager - Re: Road Construction - Dorchester Road from ChemacrY
Southerly to the Railroad Tracks. The report recommends that the section of -:
Dorchester Road (3,000'~), between Chemacryl Industries s~utherly to the
railroad tracks, be constructed as soon as possible. ' ~
ORDERED on the motion of Alderman Sobol, seconded by Alderman Cumanings, that
the report be received and adopted. Carried Unanimously.
No. 440 - City ManaEer - Ra: By-law to Authorize Improvements to Road Shoulder
on North Street. The report recow~ends: 1) That Council hear any person who
claim that his land will be pre~udicially affected by' the by-law authorizieL
-9-
the subject improvements; and 2) Subject to there being no valid objections,
that the by-law be given the necessary readings and passed by Council.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
See By-law No. 80-160
No. 441 - City Manager - Re: Proposed Grade Separation of New McLeod Road Alignment
at Conrail Storm Sewer. The report recommends passage of a by-law to authorize
a cost sharing agreement with the Regional Municipality of Niagara with respect
to storm drainage works to be constructed by the Region in connection with the
grade separation at McLeod Road and Stanley Avenue.
The Director of Municipal Works provided additional information regarding
the existing work done on the Conrail Drainage Channel in response to a number
of questions raised by Alderman Puttick.
ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See By-law No. 80-161
No. 442 - City Manager - Re: Building and Development Report for July 1980. The
report provides current news relative to permit statistics and development
proposals for the month of July.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Mackenzie, that
the report be received and filed. Carried Unanimously.
No. 443 - City Manager - Re: Portage Manor Bus Stop. The report recommends
that the Region be requested to institute no parking regulations on the west
side of Portage Road from the bus stop approximately 70mnortherly and on the
east side from Valley Way approximately 230mnortherly.
Mayor Thomson stated that re-routing of buses by the Transit Commission
had not been possible because such action would have disrupted existing routes
and schedules throughout the City. The Mayor felt other alternatives besides
the removal of parking should be investigated.
ORDERED on the motion of Alderman C-mmings, seconded by Alderman Hinsperger,
that the report be received and adopted, and further that staff contact the
Region in an effortto take further safety precautions. Carried Unanimously.
No. 444 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
The City Manager and City Treasurer provided additional information
regarding Cheques #6849, #6886, #6893, #6903, #6961, #7043 and #7044 in response
to questions raised by Aldermen Cummings and Puttick.
~n response to a'question raised by Alderman Puttick regarding Cheque #6954,
the City Treasurer advised that the amount of the cheque makes all expense cheques
for members of the Recreation Commission to attend a conference in Halifax, equal~
Those who drove to Halifax would receive the same amount as those flying.
Alderman Puttick asked if any of this amount covered payment of limousine
service. The City Treasurer advised that one member of the Commission used the
limousine service. Alderman Puttick did not feel the City should be paying the
coat of limousine service to and from the airport for persons attending out of
town conferences. The Alderman felt there should be a report prepared outlining
a policy covering use of limousine service.
Mayor Thomson suggested the Recreation Commission should provide an
explanation of the nmtter.
It was moved by Alderman Puttick, seconded by Alderman Cummings, that
a report be prepared on the policy for travelling to and from couventious,
particularly with respect to the use of limousine services. Carried Unanimously.
It was then moved by Alderman Sobol, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 445 - Loan Review Committee - Re: Applications for Assistance. The report
recommends approval of nine applications for assistance received under the
Ontario Home Renewal Program.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
II
- 10 -
No. 446 - City Manager - Re: Fringe Benefits - Members of Council. The report J
advises that as a result of a recent amendment to the Municipal Act, a munici~,
council may now provide council members with any benefits that are provided
its employees.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be referred to the Finance Committee for consideration. The
motion Carried with Alderman Puttick voting contrary and all others voting in~
favour.
No. 447 - City Clerk - Re: Notice to Voters of Location of Polling Places. ~
report recommends passage of a by-law to provide that the City Clerk advise ea
resident elector of the location of the polling place at which that elector
vote, by directing such notice to all electors at a particular address.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 448 - City Clerk - Re: Recommendation for Appointments to the Local Archi-
tectural Conservation Advisory Committee. The report recommends passage of a
by-law to confirm the appointment of Alderman J. Graaskamp, Mrs. E. Kahn,
Mr. W.A. Lorne Robinson, Mrs. J. Young and Dr. J.H. Davidson to the Committee.'
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Mackenzie,]]
that the report be received and adopted. Carried Unanimously.
See By-law No. 80-~
No. 449 - City Manager - Re: Industrial Fire Protection Course. The report
recommends that a message of appreciation be sent to Mr. R. Sorley of Lubrizol
of Canada Ltd. who arranged for the attendance of the Fire Chief at an
Industrial Fire Protection Course held in Texas during July, at the expense
of a number of local industries.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 450 - Mayor Wayne Thomson - Re: Erection of Street Banner - Annual Peach
Festival. The report recommends approval of a request by the Niagara Peninsula,
Fruit and Vegetable Growers Association to erect a banner across Ferry Street'~
during the week of August 17th to 24th, subject to a~rovals also being obtai~
from the Niagara Falls Hydro Commission and the Regional Municipality of Niaga't
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Fete, that
the report be received and adopted. Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that
the following by-law be now read a third and final ~ime:
No. 80-134 - A By-law to authorize an .agreement with L & N Construction and
Excavating Limited.
Carried Unanimous~
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sobol, that
leave be granted to introduce the following by-laws, and the ~y-laws be read a
first time: .......
No. 80-156 - A By-law to authorize the execution of an aSreement with Re~ Qui~
Limited.
No. 80-157 - A By-law to amend By-law No. 80-121 respecting an agreement with
Niagara Frontier Humane Society for animal control services.
:
No. 80-158 - A By-law to repeal By-law No. 80-15.
No. 80-159 - A By-law to designate certain areas in the City of Niagara Falls
site plan control areas.
No. 80-160 - A By-law to authorize improvements'of parts of North Street.
No. 80-161 - A By-law to authorize an agreement with the Regional Municipality
Niagara respecting the sharing of the cost of certain storm
works.
No. 80-162 - A By-law to provido for the notification of resident electors of~
..... 11
- 11 -
No. 80-163 -'A By-law to amend By-law No. 79-6 providing for appointments to certain
Boards, Commissions and Committees.
No. 80-164 - A By-law to authorize an agreement with Peto McCallum Ltd. for
engineering services in connection with the proposed expansion of
the sanitary landfill site.
No. 80-165 - A By-law to provide monies for general purposes.
Carried Unanimously
ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the following
by-laws be now read a second and third time:
No. 80-156 - A By-law to authorize the execution of an agreement with Reg Quinn
Limited.
No. 80-157 - A By-law to amend By-law No. 80-121 respecting an agreement with
Niagara Frontier Humane Society for animal control services.
No. 80-158 - A By-law to repeal By-law No. 80-15.
No. 80-159 -
No. 80-160 -
A By-law to designate certain areas in the City of Niagara Falls as
site plan control areas.
A By-law to authorize improvements of parts of North Street.
No. 80-161 -
A By-law to authorize an agreement with the Regional Municipality of
Niagara respecting the sharing of the cost of certain storm drainage
worka.
No. 80-162 - A By-law to provide for the notification of resident electors of the
location of the polling place.
No. 80-163 - A By-law to amend By-law No. 79-6 providing for appointments to
certain Boards, Commissions and Committees.
No. 80-164 -
A By-law to authorize an agreement with Peto McCallum Ltd. for
engineering services in connection with the proposed expansion of
the sanitary landfill site.
No. 80-165 - A By-law to provide monies for general purposes.
NEW BUSINESS
CURVE ON WILLOUGHBY DRIVE
Alderman Hinsperger referred to action taken by Council earlier to have
flashing lights erected on Willoughby Drive north of Gunning Drive, and asked
when the lights would be installed. The Director of Municipal Works stated
that he would look into the matter.
MCRAE STREET/STANLEY AVENUE/VALLEY WAY CONGESTION
Alderman Cummings stated that the traffic congestion in the McRae Street/
Stanley Avenue/Valley Way area had increased, particularly with the opening of
a gas bar at the new industrial plaza in this area. The Alderman inquired if
the installation of traffic lights would help the problem. Mayor Thomson
stated that the most effective solution to the problem would be re-alignment
of the Stanley Avenue/Valley Way intersection. The Director of Municipal
Works explained that the Region felt traffic lights would cause traffic on
Stanley Avenue to back up and block the intersections of McRae and Valley Way.
A design for the re-alignment of the intersection was under consideration and
would be discussed with the Region in the hopes of considering improvements
during next year's budSet. Alderman Sobol suggested that controlled access
and egress to the gas bar might help the situation.
Alderman Fera referred to the ten ft. road widening reserve usually
required on Stanley Avenue and asked if the gas pumps were far enough away
from the road. The City Manager indicated that he had personally checked
to see that the pumps were back from the roadway a sufficient distance. The
Director of Municipal Works pointed out that no rezoning had been required
for the development, and the only setbacks imposed were those required under
zoning requirements.
- 12 -
ODOUR FROM SE~ERS
In 'response to a question raised by Alderman Orr, the Director of
Municipal Works advised that in some areas of the City, particularly during
warm weather, odours do emanate from combined sewers. City employees do
check the sewers regularly as far as exposure is concerned.
JOHN MATTHEWS DAY
Alderman Mackenzie advised that on August 19th, there will be a ceremony
at St. John's Anglican Church to unveil a plaque in honour of John Matthews,
Welsh settler who came to Stamford Township one hundred and fifty years earlie
The Alderman indicated that dignitaries from as far away as Wales would be in
attendance at the ceremony, and suggested that August 19th, 1980 be proclaimed
John Matthews Day. It was moved by Alderman Mackenzie,' seconded by Alderman
Cummings, that Tuesday, August 19th, 1980, be proclaimed John Matthews Day in~]~
Niagara Falls. Carried Unanimously.
It was moved by Alderman Fera, seconded by Alderman Sobol, that the meet]
adjourn. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
THIRTY-FIRST MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
August 25, 1980
Council met on Monday, August 25, 1980 at 6:30 p.m. in Committee of the
'Whole. All members of Council were present, with the exception of Aldermen
Orr, Puttick and Schisler. Alderman Mackenzie presided as Chairman.
Following consideration of
Whole arose without reporting.
presented, the Committee of the
READ ANDADOPTED,
MAYOR WAYNE THOMSON
SPECIAL MEETING
Council Chambers
August 25, 1980
Council met on Monday, August 25, 1980 at 7:00 p.m. in formal session.
All members of Council were present with the exception of Aldermen Orr, Puttick
and Schisler. His Worship, Mayor Thomson presided as Chairman.
REPORTS
No. 451 - City Manager - Re: Construction of Combined Sewer on Crysler Avenue
from Queen Street to 116' South. The report recommends acceptance of the unit
prices submitted by Provincial Construction (Niagara Falls) for the subject
project.
In response to a question raised by Alderman Graaskamp, the Director of
Municipal Works advised that the new sewer will replace an existing smaller
sewer to provide greater capacity. While the City does have a program of
separating combined sewers, in this particular area, the entire system will
take approximately twenty years to replace. The outlet for the sewer will
also be very expensive to construct. The Director of Municipal Works stated
that the catchbasins will be restricted so that the new sewer will be able
to accommodate future expansion. Once a separate storm sewer is constructed,
the sewer would be used strictly as a sanitary sewer and could be maintained
by the City.
Alderman Graaskamp was of the opinion that any new sewer construction
or replacement should involve strictly separated sewers, and that replacement
of a combined sewer with another larger combined sewer would only compound
problems in the area. The Director of Municipal Works stated that the sewer
goes into the "Muddy Run" sewer, which can handle the flows.
Following further comment, it was moved by Alderman Hinsperger, seconded
by Alderman Merrett, that the report be received and adopted. The motion
Carried with Alderman Graaskamp voting contrary, and all others voting in
favonr.
VERBAL REPORT - Director of Municipal Works - Re: Underground Services - McLeod
Road Re-Alignment. The Director of Municipal Works advised that he had been
contacted by the Region regarding the contract for installation of underground
services for the McLeod Road re-alignment at the Con-Rail tracks. The Region
has requested permission from the City for the contractor to dispose of excavated
material in'the City's Falls Industrial Park Extension on the south side of
Murie 8treat between Kister Road and the west limit of Lot 25, Plan M-67. The
Director oE Municipal Works recommended that the request of the Region be
appreVed, since fill is required in that area to bring the elevation of the lots
up.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that
the request of the Regional Municipality of Niagara be approved. Carried
Unanimously.
-2-
COMMUNICATION
No. 160A -- Niagara Regional Police - Re: Annual Tournament. The communicati.
requests permission to operate a beer tent in conjunction with the 9th Annual
Invitational All Police Fastball Tournament the week of September 5 - 7,198C.'
at Ker Park.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that
the request be approved in accordance with established policy. Carried Unani~
VERBAL REPORT
Purchase of New Equipment - Alderman Hinsperger advised that the Special
Committee considering the purchase of new equipment, had met that afternoon
with the Equipment Superintendent. The Alderman explained that it would take
several months to come up with any firm recommendations regarding the purchase
of equipment. Since the City presently has three vehicles that are not usable
and the tender originally called in July was for the replacement of such
equipment, it was felt the tenders submitted by Autoland Chrysler and Peninsul
as contained in Report #384 dated July 21, 1980, should be accepted. It was
s 9 e t
budget.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Dilts, tha:
the tenders submitted by Autoland Chrysler and Peninsula Motors as contained
Report #384 dated July 21, 1980, be accepted. Carried Unanimously.
OBJECTIONS TO BY-LAW 79-200
The following is a s,,m~-ry of the action taken by Council regarding
certain objections to Zoning By-law 79-200.
Objection #124 - Mrs. M. Mannerrs, 4036 Longburst Street
It was moved by Alderman Herrerr, seconded by Alderman Graaskamp, that
the Ontario Municipal Board be informed that Council would have no objection
to the zoning on the property at 4036 Longhurst Str~.q~ being shown commercial
in By-law 79-200. The motion Carried withAlderman Mackenzie voting contrary~l
and all others voting in favou~.
Objection #11 - Cyanamid Canada Inc. (Niagara Plant and Welland Plant)
It was moved by Alderman Hinsperger, seconded by Alderman Herrerr, that
representatives of Cyanamid Canada Inc. meet with the Planning Director and
City Solicitor to discuss further modifications to By-law 79-200. 'Carried
Unanimously.
Objection #117 - Mr. A. Smith and Others in Dalein, Heritage and Theresa
Subdivisions
It was moved by Alderman C,rmm~ngs, seconded by Alderman Dilts, that the
request for residential zoning not be agreed to and that the Ontario Municipal~
Board be informed that Council is prepared to amend the By-law to allow Ligh~
Industrial for the southerly portion of the property and Prestige Industrial
on the northerly portion, subject to the exclusion of several uses previously
agreed to by Group 2 Development Ltd., and on the understanding that gas bars
would not be a permitted use under either the light or prestige industrial
zoning. The motion Carried with Aldermen Cummings and Fern voting contrary,
and all others voting in favour.
Objection t}120 - Cecil & Irma Amadio, Lands North of Leader' Lane, East of Dy~
It was moved by Alderman Herrerr, seconded by Alderman Crasskemp, that t~'
request for zoning to permit Tourist Commercial use not be approved. The moti,
Carried with Alderman Cheesman voting contrary, and all others voting in favor-!
Objection #112, #113, #114 - Marineland and Welland Securities
It was moved by Alderman Cheesman, seconded by Alderman Graaskamp, that
Ontario Municipal Board be informed that Council is prepared to permit the
tannery use in Sections 11.3 ~eneral Industrial and 11.4 Heavy Industrial
to exclude such a tannery use from the Palls Industrial Park and Extension b)
a specific exception under Section 19; and further that tanneries be
as a use for the lands extendinS northerly from the ~est limit of the Falls
Industrial Park Extension to the Con-Rat1 main line and following that line
through .to Stanley Avenue. Carried Unanimously.
-3-
Objection #126 - Bayshore Village Developments
It was moved by Alderman Sobol, seconded by Alderman Fera, that the
request for the addition of a limited number of "lost" uses (west of Victoria
Avenue - add to the GI "canneries; paper and paper product plants;
plastic products plants; textile and textile processing plants and wood
products factories"; and east of Victoria Avenue - add to the LI zone - "gasoline
filling and service station") be agreed to and that the Ontario Municipal Board
be informed that Council is prepared to recognize the requested additional
uses on these specific properties by means of a special proviso. Carried
Unanimously.
Objection #77 - F.A. Branscombe, North of Thorold Stone Road between Kalar
and Montrose Roads
It was moved by Alderman Mackenzie, seconded by Alderman Merrett that
Council revise its original position and that the Ontario Municipal Board be
informed that Council is prepared to revise all Zoning By-law schedules by
removing the Hazard Lane zones where used to delineate flood and fill areas.
Carried Unanimously.
Objection #122 - Julius & Lydia Klein, South Sideof Thorold Stone Road West
of Beechwood Road
It was moved by Alderman Fare, seconded by Alderman Herrart, that the
Ontario Municipal Board be informed that Council is prepared to amend By-law
79-200 with the addition of a general provision to the Agricultural zone
similar to Section 5.3 General Provision for Residential Zone, on the
understanding this will apply only to existing lots. Carried Unanimously.
Objection #123-- Wedgewood Builders, North Side of Cropp Street
It was moved by Alderman Merrett, seconded by Alderman Hinsperger that
the Ontario Municipal Board be informed that Council is prepared to amend By-law
79-200 with the addition of a general provision to Section 10 for PI, LI, GI
and HI zones, similar to Section 5.3 General Provision for Residential zones.
Carried Unanimously.
Objection #125 - Falls View Brethren in Christ Church, 7189 Drummond Roa~
It was moved by Alderman Herrart, seconded by Alderman Cummings, that the
request to have an Institutional Zone apply to the property be agreed to, and
that the Ontario Municipal Board be informed that Council is prepared to amend
the zoning schedula so as to show an Institutional Zone over the Church property.
Carried Unanimously.
Objection #39 - Ministry of Natural Resources
It was moved by Alderman Graaskamp, seconded by Alderman Hinsperger, that
the original staff recommendation approved by Council be withdrawn, and that the
Ontario Municipal Board be informed that Council is prepared to revise By-law
79-200 as follows: (a) to recognize that Front Street would be the accepted
boundary line for the hazard land designation on the north side of the River
through the Village of Chippawa; (b) Amend Section 16 to: i. delete 16.1.(c)
with reference to park development, ii. delete references to Section 12 and 14,
iii provide for existing buildings only; (c) that the hazard land maps provided
by the Ministry of Natural Resources be used as technical information and
incorporated into the zoning by-law schedules as accurately as the scale of
the schedules will apply, in order to include some Ontario Hydro lands under
the Hazard Land designation; (d) That a special proviso under Section 19 with
respect to Niagara Parks Commission lands be inserted into the by-law so that
'~ithin a 30 foot setback from the top of bank of the Niagara River or Gorge,
any proposed development, excluding public park use, should be approved to the
satisfaction of the Ministry of Natural Resources; and (e) Revise all zoning
by-law schedules by removing the Hazard Land Zones where used to delineate
flood and fill areas. Carried Unanimously.
Objection #110 - Niagara Peninsula Conservation Authority
It was moved by Alderman Cummings, seconded by Alderman Herrerr, that the
Ontario Municipal Board be informed that Council is prepared (a) to make the
following amendments to Section 16 of the By-law: i. delete 16.1.(c) with reference
to park development, ii. delete references to Section 12 and 14, iii. provide for
existing buildings only; (b) Amend the zoning.schedules sQ as to show a continuous
Hazard Land (HL) zoning along the north bank of the Welland Ri~er; (c) Revise
all zoning by-law schedules by removing the Hazard Lane zones where used to =
delineate flood and fill areas. Carried Unanimously.
Objection #116 - Kenmore Construction Limited
It was moved by Alderman Dilts, seconded by Alderman Merrett, that the
Ontario Municipal Board be informed that Council is prepared to amend By-law~
o o n i b r i
Unanimously.
Objection #119 - Regional Municipality of Niagara
It was moved by Alderman Fera, seconded by Alderman Graaskamp, that the '~
Ontario Municipal Board be informed that Council's position is as follows:
(1) a. A suitable reference to the MDS Formula has been included in the City'!~
Official Plan by Official Plan Amendment No. 71, b. A specific reference will
be made of Section 4.32 in Section 12 Agricultural Zone and similarly to
Section 13.1.(b) in the Rura~ Zone; (2) That minimum lot size in non-urban ]
zones be increased from 8 hectares to 16 hectares as requested; (3) That the
reference to help houses be deleted from the By-law; (4) That the Zoning By-1t
schedule be revised to show the land referred to as EI (Extractive Industry);'
and (5) That Section 5.3 (Lot Sizes in Unserviced Areas) be amended by addin~
the clause - "... provided Health Unit requirements are met". Carried Unan'i~
Objection #127 - Chemacryl
It was moved by Alderman Fera, seconded by Alderman Hinsperger, that the
Objection be referred to the Planning Director and City Solicitor for review
the preparation of recommendations for the consideration of Council. Carried
Unanimously.
Official Plan Amendment No. 71 Objections - Agricultural Code of Practice
It was moved by Alderman Chessman, seconded bL_Alderman Fera, that the
Ontario Municipal Board be informed that Council is prepared to delete from
By-law 79-200, Section 4.32 Agricultural Code of Practice and Minimum Distancl
Separation Formula. Carried Unanimously.
BY-LAW
ORDERED on the motion of Alderman Herrerr, seconded by Alderman Cheesman,
that leave be granted to introduce the following by-law, and the by-law be
read a first time: ~
No. 80-166 - A By-law to authorize the execution of an agreement with Provinc
Construction (Niagara Falls) Limited for the construction of a
combined sewer on Cryclef Avenue from Queen Street to a point
approximately 116 feet south therefrom.
Carried with A]de
Graaskamp voting
~"~and all others W
fayour.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Merre=t, thai
the following by-law be now read a second and third time:
No. 80-166 - A By-law to authorize the execution of an agreement with Provinc~
Construction (Niagara Falls) Limited for the donstruction of a
combined sewer on Crysler Avenue from Queen-Street to a point
approximately 116 feet south therefrom.
Carried with Aide
Graaskamp votin~
and all others
favour.
It was moved by
meeting adjourn. Carried~
READ AND ADOPTED,
J.L~ c0~L~NaON, C~T!_~CLE! ........
by Alderman Merrett, that th~
MAYOR~A~NE
THIRTY-SECOND MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
September 2, 1980
Council met on Tuesday, September 2nd, 1980 at 6:30 p.m. in Committee of
the Whole. All members of Council were present with the exception of Aldermen
Dilts, Fera and Graaskamp. Alderman Chessman presided as Chairman.
Following consideration of the i e s presented, the Committee of the
Whole arose without reporting. - ~l~e~saa -
READ AND ADOPTED,
REGULAR MEETING
MAYOR WAYNE THOMSON
Council Chambers
September 2, 1980
Council met on Tuesday, September 2nd, 1980 at 7:30 p.m. for the purpose
of considering general business. All members of Council were present with the
exception of Aldermen Dilts and Graaskamp. His Worship, Mayor Thomson presided
as Chairman. Alderman Puttick 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 on August 18, 1980, be adopted as printed.
Carried Unanimously.
DEPUTATIONS
MR. J. IANNUZELLI - MAPLE LEAF VILLAGE
Mayor Thomson advised that this matter had been resolved, and Mr. Iannuzelli
had withdrawn his request to address City Council.
GROUP 2 DEVELOPMENT LIMITED - OBJECTION #79 TO BY-LAW 79-200
Mr. A. Goat of Group 2 Development Limited, was granted permission to
address Council on the motion of Alderman Hinsperger, seconded by Alderman
Chessman. Mr. Goat stated that the lands involved in Objection #79 were north
of Mewburn Road, west of the sanitary landfill site and extending northerly to
the railway tracks. The lands which are owned by T.G. Bright Co., are
zoned Agricultural under By-law 79-200, and Mr. Goar advised that the firm
wished to have their lands zoned "Open Space" in accordance with the City's
Official Plan designation.
The Senior Planner provided additional information on the zoning, and
advised that it would be appropriate for Council to refer the request to staff
for review and preparation of a report that could be submitted at the next
Council meeting.
Alderman Schisler felt that the agricultural zoning might permit development
of the lands more easily than the open space designation. Mr. Goat indicated
that the open space designation was considered to be the lesser of two evils,
and it was questionable whether the land could be developed for some time under
either zoning.
Following further comment, it was moved by Alderman Merrett, seconded by
Alderman Hinsperger, that the matter be referred to staff for the preparation
of a report. Carried Unanimously.
MR. A.F. SHEPPARD - TANNERY USE IN GENERAL INDUSTRIAL LANDS
Nayor Thomson advised that he had received a request from Mr. Sheppard's
[i
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office to withdraw the request to speak to Council regarding a further
extension of the ban on tanneries.
Mr. R. CaJan of the firm confirmed with Council the area to be covered
by the ban, as directed at the previous Council meeting, which will run north~
from the westerly boundary of the Falls Industrial Park Extension to the main
Conrail line and following this line back to Stanley Avenue.
UNFINISHED BUSINESS
SIX MONTH PROGRESS REPORT OF THE CITY OF NAIGARA FALLS MUNICIPAL WORKS
Report No. 414 - City Manager - The report provides information on the
activities of the Design & Construction Department, Building & Development
Department and the Maintenance & Operations Department for the first six
months of 1980.
During discussion of the report, a number of questions were raised by
Alderman Puttick regarding staff reductions as a result of the construction
slow down in the City, budget spending, printing operations, maintenance
operations, the proposed construction of a sanitary sewer on Lyons Creek Road
and internal staff changes. Mayor Thomson, the City Manager, the Director
of Municipal Works and the Maintenance & Operations Engineer provided
additional information in response to these inquiries.
In addition, Mayor Thomson and the Director of Municipal Works provided
information regarding the appointment of a Supervisor of Research and Compla~
as approved by Counci! during budget discussions.
Following further comment, it was moved by Alderman Cheesman, seconded
by Alderman Merrett, that the report be received and filed. Carried
Unanimously.
It was moved by Alderman Cummings, seconded by Al.._derman Hinsperger, that
items #8 and #9 under the Municipal Works section of the agenda, be moved
forward for consideration. Carried Unanimously.
REPORTS
No. 453 - City Manager - Re: Niagara Falls Memorial Arena. The report
recommends that the City purchase a removeable type flooring for the Niagara
Palls Memorial Arena from Beaver Lumber Company Limited at a total cost of
$6,685.15 to be advanced from the special purpose r~serve - Parks Sites and
Developments account.
The Promotion & Facilities Co-ordinator provided detailed infornmtion
on the use of "Homesore" as a floor covering in the Niagara Falls Arena. The
existing covering covers only a portion of the ice surface and is no longer
satisfactory for this purpose due to age and deterioration. According to
the Promotion & Facilities Co-ordinator, the new material was much lighter
and easier to store than the traditional flooring used previously.
In response to a question raised by Alderman Schisler, the City Treasurerr~
advised that the price quoted in the report was subject to 71 Provincial Sales
figure in the body of the reports making it confusing to the reader.
Following further discussion, it was moved by Alderman Merrett, seconded
by Alderman Cummings, that the report be .received and adopted. .C.arried
~nanimously.
_ ci[
No. 454 - City Manager - Re.' Activities of the Promotion & Facilities Co ordi
The report outlines the various activities of the Promotion and Facilities ~
Co-ordinator since his employment began in July, 1980. r.
The Promotion & Facilities Co-ordinator provided additional information
regarding upcoming events at the Niagara Palls Arena, which include an indoor
soccer game with the Toronto Blizzards Soccer Team, a Niagara Falls Flyera
Alumni game featuring flyer stars of the sixties and seventies versus the Lab
Hockey Old 8tare, as well as a.Close-circuit fiSht.
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Following further discussion, it was moved by Alderman Sobol, seconded
by Alderman Hinsperger, that the report be received and filed. Carried
Unanimously.
UNFINISHED BUSINESS - Con't..
1979 ANNUAL REPORT OF THE CITY MANAGER
Report No. 418 - City Manager --The report provides a summary of the various
civic operations during 1979 in the City of Niagara Falls.
Alderman Puttick referred to the comments in the report regarding downtown
revitalization and suggested that these same general comments seemed to appear
in similar reports in previous years. The Alderman stated that according to a
report prepared in 1973, it had been predicted that the effect of Niagara
Square on the Downtown area would be minimal, and yet money was now being spent
on a study to revitalize the Downtown. The Alderman also referred to an
estimated $80,000 being spent by the City to carry out a study on tourist
traffic in the Queen Victoria Park area which could result in tourist traffic
being directed to other areas of the City.
The City Manager pointed out that the 1979 report went into greater detail
than in prevloue years regarding downtown revitalization, particularly because
of the work being done in this area, i.e. construction of the gazebo at the
base of Queen Street, improved street lighting, and complete repair of all
sidewalks in the Downtown. Reference was made to a joint meeting held on
August 27th between Council and the Downtown Board of Management at which the
report prepared by Alexander Crate was presented. The City Manager commented
that while the report seemed to outline positive steps for the City to take,
discussions with major commercial interests in other areas had led City officials
to the conclusion that because of the uniqueness of Niagara Falls, the
original plans were too small for what the City could do to revitalize and
renew interest in the Downtown.
Mayor Thomson stated that a plan had been prepared by the consultants that
had looked very encouraging for the Downtown, and he had gone to Toronto to try
and sell the plan to various commercial interests. The Mayor confirmed that the
reaction of the Toronto people had been that the City was not looking far
enough into the future. With respect to attracting major developments to the
City, Mayor Thomson indicated that he had recently artended a meeting at the
Region at which top officials of a major auto industry had been present to
discuss their firm's plans for the future. The Mayor stated that he had learned
that such industries were amazed at the negative attitude of some municipalities
with regard to expansion which has caused these firms to consider the possibility
of relocating in other areas. Mayor Thomson indicated that one of the major
concerns of such industries in'considering new location, was the attitude of
municipalities towards industry. A major industry will not get involved with
a Council known for having a negative attitude.
Following further comment, it was moved by Alderman Cheesman, seconded by
Alderman Fete, that the report be received and filed. Carried Unanimously.
PROPERTY STANDARDS
Report No. 427 - City Manager - The report provides information on a number
of properties on which the City is commencing proceedings under Property
Standards By-law 74-204.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that
the report be tabled for two weeks. Carried Unanimously.
AGREEMENT BETWEEN THE CITY AND SUNNYLEA CONSTRUCTION LIMITED ET AL - LOTS 1
TO 30, PLAN 260 AND LOTS 14 TO 75, PLAN 265, FORMER VILLAGE OF CHIPPAWA
Report No. 455 - City Manager - The report recommends passage of a by-law to
authorize the execution of an agreement with Sunnylea Construction Ltd. et al
respecting the development of the subject lands.
ORDERED on the motion of Alderman Htnsperger, seconded by Alderman Chessman,
that the report be received and adopted. Carried Unanimously.
S~e By-law No. 80-1}.6
COMMUNICATIONS
No. 161 - Mr. A.E. Smith - Re.' Study and Plan for River Road. The communication
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requests that the Social Planning Council be given a chance to provide
some input and review of the subject study and plan before being finalized.
Alderman Cununings did not feel that the Social Planning Council should
be asked to comment on a matter that would more appropriately be dealt with
by the Planning & Development Committee. The Alderman pointed out that the
Social Planning Council is made up of volunteers, and although they are
willing to assist the City in any way possible, the workload involved in
such in depth studies could be too much.
Alderman Fera pointed out that the Planning & Development would be more
than happy to listen to any comments the Social Planning Council may wish to
make on the study that is already under way.
The Director of Municipal Works pointed out that the Chairman of the
Ontario Municipal Board hearing held recently regarding a development on Rive~
a report from the Council by October 15th.
Following further comment, it was moved by Alderman Schisler, seconded
by Alderman gobol, that the Social Planning Council be requested to comment
on whether or not they wish to become involved in the matter. Carried
Unanimously.
No. 162 - Niagara Shrine Club - Re: Lease of Property to Club. The
communication requests that Council consider selling or leasing the building
and property at the former landfill site on Montrose Road, or an alternate
site, to the Club for a club room and premises to house the group's float.
ORDERED on the motion of Alderman Merrett, 'seconded by Alderman Hinsperger,
that the communication be referred to staff for a report. Carried Unanimousl!
No. 163 - Ms. Debbie Weatherill - Re: Request for Financial Assistance. The
communication requests financial assistance from the City to help in paying
costs involved in highland dancing events in Scotland in the s,rmmer of 1981.
Alderman Herrerr asked if requests of this nature were not covered by
the Recreation Commission grant policy. Alderman Cummings felt this type of
request should be referred to the Recreation Commission for consideration.
consideration by the Commission.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Fera, that
the communication be referred to the Recreation Commission. Carried Unanimo~
No. 164 - Chamber of Commerce - Re: Legalized Gambling. The communication
asks what steps Council and City staff have undertaken to cope with the
economic input of legalized gambling in the Niagara Falls, New York area,
should such occur.
In response to a question raised by Alderman Fete, the City Clerk adviser
that he felt the matter should be referred to staff, since the question asked~.
by the Chamber could involve a great deal 'of study. It was also felt that
such a study could be quite costly in nature' and would require the assistance'
of an expert in the field.
Hayor Thomson agree4 that City staff did not have the expertise to give
a detailed comprehensive report on the financial impact of legalized gambling
in New York on this City. The Hayor pointed out that legalized gambling had
not been approved in Ne~ York as yet, and if such a move wer~ announced~ there'
would be sufficient time to carry out such a study. The HayOr also suggested
that because of the commercial nature of the Chamber of Connnerce, a study of
the economic impact of legalized gambling would be more in line with their
capabilities. The Chamber could also assist financially in any study initiat~
Several members of Council felt that the City should not take on such a
project, particularly when there was no definite indication that legalized
gambling will be permitted in New York, Alderman Sobol felt there should be .
further dialogue between City staff, the Social Planning Council and the
· Chamber of Conmerce on the matter.
Following further comeat, it was moved by Alderman Herrerr, seconded by
A~der~--.n-n 8obols that the Chamber of Commerce be advised that inasmuch as
5
determining the economic impact of legalized gambling in Niagara Falls,
New York, would be a major undertaking requiring the expertise of persons
knowledgeable in the entire field of economics, and since the cost of
carrying out such a study may not be warranted until such time as a definite
decision is made with respect to legalized gambling in New York State, that
the City will take no further action on the request, and that the Chamber
be advised accordingly. The motion Carried with the following vote:
AYE: Aldermen Cheesman, Cummings, ~era, Rinsperger, Merrett, Orr, Puttick
and Schisler.
NAYE: Aldermen Sobol and Mackenzie.
No. 165 ~ Employment Development Branch - Re: Canada Conununity Development
ProJects Programme. The communication provides information on the 1980-81 Canada
Community Development Projects Programme.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the
communication be referred to staff for the preparation of a report. Carried
Unanimously.
No. 166 - Regional Municipality of Niagara - Re: Proposed Traffic Controls and
Restrictions on Niagara Roads Resulting from 1980 Roads Betterments and
Construction Projects. The communication requests the comments of the
Municipality on the subject matter.
Alderman Cummings asked when a report would be ready on improving the
traffic congestion at the intersection of Stanley Avenue/McRae Street/Valley Way.
The Director of Municipal Works stated that the various suggestions made by
Council previously were under consideration, as well as the preparation of an
aerial plan of the intersection. It was also pointed out that the Region
would have to be consulted before any action could.be taken, since the
intersection involved a Regional road. Alderman Puttick referred to a plan
undertaken some time ago which involved improvements to Highway #420, and
would have included changes to this particular intersection, and asked what
the status of this plan was. The Director of Municipal Works advised that
the plan had virtually been scrapped by the M.T.C., and a downgraded version
was being considered.
Alderman Cummings felt that with the several levels of government involved,
it was becoming increasingly difficult to solve a rather simple problem. The
Alderman felt that regardless of previous studies undertaken, some interim
measures shouid be taken to improve the traffic congestion in this area. The
Director of Municipal Works indicated that a report could be prepared outlining
various alternatives available, however the Region would have to be consulted,
which would-require additional time before a report could be presented to
Council.
Following further comment, it was moved by Alderman Hinsperger, seconded
by Alderman Merrett, that the communication be referred to the Municipal Parking
and Traffic Committee'for the preparation of recommendations to Council. Carried
Unanimously,
It was then moved by Alderman Chessman, seconded by Alderman Cummings,
that staff be directed to prepare a report on short term solutions to the
traffic congestion in the Stanley Avenue/Valley Way/McRae Street area. Carried
with Alderman Puttick voting contrary, and all others voting in favour.
No. 167 - Niagara Falls Hornets Hockey Club - Re: Country Music Festival. The
communication requests permission to sell beer and liquor in conjunction with
a country music festival to he held at the Niagara South Arena on September 21,
1980.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fete, that
the request be approved subject to established policy. Carried Unanimously.
No. 168 - Mr. B. Sinclair - Re: Moretta Estates Subdivision. The report
communication requests that Council consider permitting the developer of the
subject subdivision to proceed with servicing of a portion of the plan.
ORDERED on the motion of Alderman Fete, seconded by Alderman Cummings, that
the communication be referred to staff for the preparation of a report.
Carried Unanimously,
REPORTS
No, 456 - City Manager - Re: Requests for tlearin8, Deeming By-law 80-124. The
report recommends that the owners of lands affected by By-law 80-124 who have
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requested a hearing pursuant to section 29(11a) of The Planning Act, be
invited to meet with staff to discuss the effects of the by-law and their
objections, as well as the scheduling of a hearing before Council.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
No. 457 - Planning Director - Re: Official Plan Amendment No. 102, Welland
Securities, Stanley Avenue South. The report recommends endorsement of certa<
modifications to Official Plan Amendment No. 102 by Council and forwarded to~
the Ministry of Housing for final approval of Amendment No. 102.
The Senior Planner provided additional information in response to a
question raised by Alderman Sobol.
ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 458 - City Clerk - Re: AM-5/79, Restricted Area By-law 79-209, Proposed
Waste Stabilization Ponds - Town of Fort Erie. The report advises that the
in the City Council Chambers, for the hearing r e s
supporting or opposing the subject application.
ORDERED on the motion of AIderman Fera, seconded by Alderman Hinsperger, thai
the report be received and filed. Carried Unanimously.
No. 459 - Planning Director - Re: Six Month Report on Residential Development
The report provides information on residential development during the first
months of 1980.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
the report be received and filed. Carried Unanimously.
No. 460 - Local Architectural Conservation Advisory Committee - Re: Designat!,
of Architecturally and Historically Significant Buildings within the City of
Niagara Falls. The report recommends that Council authorize the City Clerk t
cause notice of intention to designate to be given to the owners of the foli~
properties, pursuant to section 29 of The Ontario Heritage Act: 4325 Bampfiel
Street -TheKhan Residence; 3289 St. Paul Avenue -_T. he Robinson Residence;a
the British Methodist Episcopal Church at the northeast comer of Peer and G
Streets.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that ~
the report be received and adopted. Carried Unanimously. ~
No. 461 - City Manager - Re: Property Standards By-law 74-204, Mr. A. Ciccom
4476 Bridge Street. The report recommends that under Clause (a) of sub-sect!
7.10.4 of By-law 74-204, the Corporation retain a wrecking contractor to ion
complete the work which Mr. Ciccone was directed t9 carry out under the Ordel
given June 16, 1980 and that pursuant to sub-section 7.10.5 of said by-law,
any expense incurred by the Corporation, its servante'er agents in carrying
the work aforesaid, be recovered in a like manner as municipal taxes.
ORDERED on the motion of Alderman Cheesman, secofided by Alderman Cummings,
the report be received and adopted. Carried Unanimously.
No. 462 - City Manager - Re; Property Standards By-law 74-204, Mr. R. Anger,
4973 Crysler Avenue. The report recommends that under Clause (a) of sub-see
7.10.4 of By-law 74-204, the Corporation retain a disposal service to forthw
complete the work which Mr. R. Anger was directed to carry out under the Ord
given March 19, 1980, and that pursuant to sub-section 7.10.5 of said By'law'-
that any expense incurred by the Corporation, its servants or agents in carr,~
out the work aforesaid, be recovered in a like manner as municipal taxes.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, t~
the report be received and adopted. Carried Unanimously.
No. 463 - City Manager - Re| Estate of Teresa Martin and Request for a New D
The report recommends passage of a by-law authorizing the execution of a quii
claim deed to the executors of the estate of the late Teresa Martin.
ORDERED on the motion of Alderman gchisler, seconded by Alderman Hinsperger,
the report be received and adopted. Carried Unanimously.
'See By-law No, :
Report --Rez Purchase of Lands by the City from Ontario Hydro and Reconveyana
to R. Powell. ~
This report was withdrawn,
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No. 464 - City Manager - Re: Niagara South Board of Education - Request for
Conveyance of Road Allowance. The report recommends that Council hear any person
who claims his land will be prejudically affected by the by-law to stop up and
close and to authorize the sale of that part of the unopened road allowance
between Township Lots 17 and 24 of the former Township of Stamford, designated
as Part 7 on Reference Plan 59R-3100, and subject to there being no objections,
passage of the by-law to authorize the conveyance of the road allowance.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett,
that the report be received and adopted. Carried Unanimously.
See By-law No. 80-144
· No. 465 - City Manager - Re: Sale of Used Equipment. The report recommends
acceptance of an invitation to participate with the Regional Municipality of
Niagara at their equipment auction sale.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
No. 466 - City Manager - Re: Contract S.S. 16-80, Storm Sewer Construction on
Coholan Street from Portage Road to the East Limit, Sinnicks Avenue from Coholan
Street to Vine Street, Vine Street from Sinnicks Avenue to Portage Road and Swayze
Drive from Judith Avenue to the North Limit of R.P. 15. The report recommends
acceptance of the unit prices submitted by Duffin Contracting Limited for the
subject contract.
ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman, that
the report be received and'adopted. Carried Unanimously.
See Resolution No. 51
See By-law No. 80-169
No. 467 - City Manager - Re: Contract R.C. 18-80, Road Reconstruction on Ferguson
Street, Road Reconstruction and Storm Sewer Construction on Churchill Street, and
Finished Road Construction on Village Crescent in Frontenac Woods Extension
Subdivision. The report recommends acceptance of the unit prices submitted by
Steed & Evans Limited for the subject contract, and that an esti~ated amount
of $15,000 for completion of the project, be charged to Account #13101.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 52
See By-law No. 80-170
No. 468 - City Manager - Re: Ontario Paper Company Limited Old Newspaper
Recycling Program. The report recommends that the Director of Municipal Works
be authorized to contact the Ministry of the Environment to obtain detailed
information on financial incentives which may be available to the City for the
newspaper recycling program and representatives from Ontario Paper be invited
to make a presentation to Council on this Company*s expansion plans and need.
for quantities of old newspaper.
Alderman Cheesman advised that at the recent A.M.O. conference, he had
viewed a short slide presentation by the firm explaining how they would proceed
in this program. The Alderman felt that such a slide presentation would be
very helpful to Council in understanding the program.
The Director of Municipal Works provided additional information regarding
the energy from waste program presently under consideration by the Region.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that
the report be received and adopted, and further that the firm be requested to
provide a slide presentation when appearing before Council regarding the
proposed expansion plans and old-newspaper recycling program. Carried Unanimously.
No. 469 - City Manager - Re: Sidewalk Ramps on Main Street. The report
recommendez 1) That asphalt ramps be placed at the intersection of Main Street
and Robinson Street and Main Street and Peer Street immediately as a temporary
measure to provide some relief to handicapped persons for this year; and 2)
That permanent concrete ramps be installed at the same intersections during
the reconstruction of Main Street in the Spring of 1981.
.:
Alderman Cummings suggested that a eopy of the report be forwarded to
the Social Planning Council for information purposes due to their involvement
with the physically handicapped. The Alderman referred to the availability
of grants from the Federal and Provincial Governments for ramping of public
buildings~ and suggested that staff contact the President of the Social Planning
Council in this reSard. The Director of Municipal Works indicated that he
would speak to Mrs. Spironello on the matter.
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ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 470 - City Manager - Re: 1980 Roads and Transportation Association of Cane
Conference. The report recommends that a representative of the City Council
be delegated for the 1980 R.T.A.C. Conference to be held in Toronto from
September 29 - October 2, 1980, inclusive.
Alderman Herrerr noted that one of the topics for discussion involved
signing, and suggested that any delegate from the City attending should try
and get further information on this matter.
Alderman Cheesman suggested that Alderman Puttick should attend the
conference because of his involvement in transportation studies with the
Niagara Parks Commission and his knowledge of municipal traffic matters.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fete, that
Alderman Puttick be authorized to attend the conference. Carried Unanimously.
No. 471 - City Manager - Re: Niagara South Recreation Centre Architect's
Contract. The report recommends passage of a by-law to authorize the signing
of a contract with C.N. Chapman Associates for the architectural plans and
field inspection for the addition to the Niagara South Recreation Centre.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett,
that the report be received and adopted. Carried Unanimously.
See By-law No. 80-.,~
No. 472 - Mayor Wayne Thomson - Re: Possible Renaming of the Niagara Falls
Memorial Arena. The report advises that some interest has been shown in a
proposal to have the Niagara Falls Memorial Arena renamed, and indicates that
the Arena was originally dedicated as a memorial to those persons who served
in our armed forces during the Second World War.
Mayor Thomson feot that any change in the designation might be considered
to be a lessening in recognition of the sacrifice made by those who served
our Country.
ORDERED on the motion ofAldermanMarrett, seconded by'Xlderman Hinsperger,
that no change be made in the name of the Niagara Falls Memorial Arena, and
further that any names suggested be kept on file for possible use in other
City and recreational facilities. Carried Unanimously.
No. 473 - City Manager - Re: Availability of Loans under The Tile Drainage Act
The report recommends that Mr. Ben Redekop, O.L.S. be appointed Inspector of
Drainage for the City of Niagara Falls to perform duties required under the
Tile Drainage Act 1971.
ORDERED on the motion of Alderman Schisler, seconded ~y Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
See By-law No.
No. 474 - City Manager - Re: Municipal Accounts. The report recommends paymen:'!
of the municipal accounts.
The City Treasurer and Director of Municipal Works provided additional I'
information regarding Cheques #7103 and #7342 in response to questions raised
by Aldermen Sobol and Puttick.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
No. 475 - City Manager - Re: R.R.A.P. Agency Agreement. The report recommends
passage of a by-law to authorize an amendment to the agreement'with C.M.R.C.
respecting the Residential Rehabilitation Assistance Progranune.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cu~nings, thati~
,.the report be received and adopted. Carried Unanimously.
See By-law No.
No. 476 - City Manager - Re: Emergency Preparedness for the Eighties. The
report recommends that the Fire Chief be authorized to attend the subject
conference to be held in Toronto from November 16 - 19, 1980, inclusive.
ORDERED on the motion of Alde~umn Cummings, seconded by Alderman Hinsperger,
:I.that the report be received and adopted. Carried Unanimously.
No. 477 - City ManeSet - Rot Requests for Beer Concessions at Municipal
The report recommends approval be 8ranted to the sponsors of six hockey
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to conduct beer concessions at the various municipal arenas in conjunction
with the said tournaments, subject to the approval of the Niagara Regional
Police, Niagara Falls Fire Department, Niagara District Health Unit and the
L.L.B.O.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
No. 478 - City Clerk - Re: Consent Items.
1) Niagara Peninsula Conservation Authority - Re: Authority and Council Tour,
September 6, 1980.
Recommendation - That as many members of Council as possible accept the
invitation.
-2) Parents without Partners - Re: Request to have the week of October 25th to
November 1st, 1980 designated as P.W.P. Week in Niagara Falls.
Recommendation - That the request be approved subject to established policy.
3) Consumers' Gas - Re: Notice of Application for Approval of Interim Rates.
Recommendation - For the information of Council.
4) Ministry of Regional Economic Expansion - Re: Provision of DREE Grants.
Recommendation - For the information of Council.
5) Regional Municipality of Niagara - Re: Staffing of Area Municipalities.
Recommendation - That the information be noted and the communication received
and filed.
In response to a question raised by Alderman Cummings, Alderman Puttick
indicated that he did not wish to reveal his source of information on the
report carried out on staffing within the Region, however he had felt the
information was accurate when he was advised of same. Alderman Cummings
felt that the Alderman would not have raised the matter if he did not feel
there was reason to doubt the authenticity of his information.
In response to a question raised by Alderman Fete, Mayor Thomson stated
that he could see no reason why the Region would carry out a study on staffing
in the area municipalities. The Mayor indicated that he had not been aware of
any such study being carried out. ~
ORDERED onthe motion of Alderman Merrett, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 51 - FERA - CHEESMAN - RESOLVED that the unit prices submitted by Duffin
Contracting Limited for storm sewer construction on Coholan Street, Sinnicks
Avenue, Vine Street and Swayze Drive, be accepted at the tendered price of
$$287,022.13; AND.the Seal of the Corporation be'hereto affixed.
Carried Unanimousl~
No. 52 - SOBOL - CU}~fINGS - RESOLVED that the unit prices submitted by Steed
and Evans Limited for road reconstruction on Ferguson Street, road reconstruction
and storm sewer construction on Churchill Street and finished road construction
on Village Crescent, be accepted at the tendered price of $96,930.50; AND the
Seal of the Corporation be hereto affixed.
Carried UnanimouslZ
No. 53 - CU~giINGS - CHEESMAN -RESOLVED that a message of condolence be sent to
the family of the late Mrs. Johanna Grasskemp, a respected member of the community
and mother of Alderman John Grasskemp; AND the Seal of the Corporation be hereto
affixed.
Carried UnanimouslZ
No. 54 - FERA - CUD~INGS - RESOLVED that a message of condolence be sent to
the family of the late Mrs. Yolanda Martin, a respected member of the community
and wife of former Alderman Faho Martin; AND the Seal of the Corporation be
hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Bobol, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
No, 80-144 - A By-law to stop up and close and to aRthorize the sale and conveyance
of part of the original unopened road allowance between Township
Lots 17 and 24 in the former Township of Stamford.
'l
- 10 -
No. 80-166 - A By-law to authorize the execution of an agreement with Sunnyl~
Construction Limited etal.
No. 80-167 - A By-law to authorize the execution of a quit claim deed to the
executors of the estate of Teresa Martin.
No. 80-168 - WITHDRAWN
No. 80-169 - A By-law to authorize the execution of an agreement with W. Duff!
Contracting Ltd. for the construction of a storm sewer on Cohol~t
Street, Sinnicks Avenue, Vine Street and Swayze Drive.
No. 80-170 - A By-law to authorize the execution of an agreement with Steed
Evans Limited for road reconstruction on Ferguson Street, road
reconstruction a~d storm sewer construction on Churchill Street
finished road construction on Village Crescent.
No. 80-172 - A By-law to engage an inspector of drainage under the Tile Draim~
Act, 1971.
No. 80-173 - A By-law to authorize an amending agreement with Canada Mortgage~
Housing Corporation respecting the Residential Rehabilitation
Assistance ProgrAmme.
NO. 80-174 - A By-law to amend By-law No. 7531, being a by-law to provide for~
erection of stop signs at intersections.
No. 80-175 - A By-law to provide monies for general purposes.
Carried UnanimousZ
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, tha~
the following by-laws be now read a second and third_r~me:
No. 80-144 - A By-law to stop up and close and to authorize the sale and
Township Lots n h
No. 80-166 - A By-law to authorize the execution of an agreement with Sunnyle.~
Construction Limited etal.
No. 80-167 - A By-law to authorize the execution of ?a quit claim deed to the
'executors of the estate of Teresa Martin.
No. 80-168 - WITHDRAWN
No. 80-169 '- A By-law to authorize the execution of an agreement with W. Duffl
Contracting Ltd. for the construction of a storm sewer on Cohol
Street, Sinnicks Avenue, Vine Street and Swayze Drive.
No. 80-170 - A By-law to authorize the execution of an agreement with Steed
Evans Limited for road reconstruction on Ferguson Street, road
reconstruction and storm sewer construction on Churchill Street~
finished road construction on Village Crescent. ~
No. 80-171 -'A By-law to authorize the execution of'an agreement with Donald
N. Chapman, Architect· '
No. 80-172 - A By-law to engage an inspector of drainage under the Tile Drain
Act, 1971.
No. 80-173 - A By-law to authorize an amending agreement with Canada Mortgage
Mousing Corporation respecting the Residential Rehabilitation
Assistance Programme.
No. 80-174 - A By-law to amend By-law No. 7531, being a by-law to provide for
erection of stop signs at intersections.
No. 80-175 - A By-law to provide monies for general purposes.
~~ 'Carried Unanimou
......... ,.,, .11 .
- 11 -
NEW BUSINESS
FINANCE COMMITTEE MEETING
Alderman Cheesman reminded members of the Finance Committee of the
meeting to be held on September 3, 1980 at 4:00 p.m.
RECREATION ASSOCIATION CONFERENCE
Alderman Schisler provided a brief report on the conference he had attended
in Halifax. The Alderman commented that Halifax has a system of saving sizeable
funds on its parks and recreation programme, and he had obtained a copy of
· the City's budget and budget procedures which he intended to turn over to the
Director of Recreation.
Alderman Cummings asked if any attempts were made by delegates from the
City, to attract conferences to Niagara Falls. Alderman Merrett pointed out
that most other cities hosting conferences, will sponsor a banquet or provide
complimentary gifts to the delegates. The City's policy on conferences does
not provide for such things, and the Alderman pointed out that the City has
lost Out on several conferences, such as the 1981 Ontario Traffic Conference,
.as a result of this policy.
Mayor Thomson indicated that efforts were made to have the Federation of
Canadian Municipalities hold a conference in Niagara Falls, however the cost
involved would have been in the area of $10,000. Alderman Schisler indicated
that he had spoken to the Deputy Director of Recreation on the matter, and he
would be preparing some information.
PUBLIC MEETING - PROPOSED INDUSTRIAL WASTE SITE
Mayor Thomson reminded members of Council of a public meeting to be held
in Thorold on September 10, 1980 regarding the proposed industrial waste site
to be located at the Walker Bros. Quarries.
CITY COL~CIL/EMPLOYEE GOLF TOURNAMENT
Alderman Merrett reminded members of Council of the Annual City Council/
Employee Golf Tournament to be held on September 20, 1980 at Rolling Meadows
Golf Course.
B.I.G. AGENCY FORUM ON MONEY MANAGEMENT
Mayor Thomson indicated that the B.I.G. Agency would be sponsoring a forum
on money management and there would be representatives of the various government
offices involved in business and industry present to answer questions and
provide assistance to interested individuals. The forum would be held at the
Park Motor Hotel on September 10, 1980.
It was moved by Alderman Sobel, seconded by Alderman Cheesman, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
· MAYOR WAYNE THOMSON
THIRTY-THIRD MEETING
Council Chambers
September 8, 1980
SPECIAL MEETING
Council met in formal session on Monday, September 8, 1980, following a
meeting of the General Committee. All members of Council were present with
the exception of Aldermen Dilts and Orr. His Worship, Mayor Thomson presided
as Chairman.
REPORTS
No. 479 - Mayor Thomson - Re: Terry Fox Week in Niagara Falls. The report
recommends that the week of September 7th - 13th, inclusive, be declared
"Terry Fox Week" in the City of Niagara Falls and that all residents and
local organizations be invited to participate in an expression of public
support.
ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Cheesman,
that the report be received and adopted. Carried Unanimously.
No. 480 - City Manager - Re: Acquisition of Ontario Hydro Lands and Reconveyance
to Ralph Powell, Trustee. The report recommends passage of a by-law to authorize
the acquisition of lands from Ontario Rydro and the sale thereof to Ralph Powetl,
Trsstee.
ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Cheesman,
thatthe report be received and adopted. Carried Unanimously.
See By-law 80-1~8
OBJECTIONS TO BY-LAW 79-200
Communication No. 169 - Mr. R.J. Kajan - Re: Objection No. 46, REdeemer Bible
Church. The communication requests an amendment to By-law 79-200 respecting the
Church property on West Service Road of the Q.E.W. north of Montrose Road, as
follows: "19.21.48 None of the provisions of section 12.1 shall apply to
prevent the use of the land on the westerly side of Montrose Road shown hatched
and designated A and numbered 48 on Sheet D2 of Schedule "A", as amended, or
the erection or use of buildinSs or structures thereon for the purpose of any
one or more of the following uses: (a) Place of Worship, (b) Religious
Institution; (c) Recreational Use_~s, (d) Senior Citizen Home, and (e) Accessory
'BuildinSs and Accessory Structures which are accessory to any of the foregoing
uses, including not more than 1 dwelling unit which is accessory to and on the
same .~p.t as the principal use."
ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Chessman,
that the request be approved. Carried Unanimously.
Report No. 481 - City Solicitor - Re: Objection Vii, Cyanamid Canada Inc. Niagara
and Welland Plants and #127 Chemacryl Plastics Limited. The report recommends
that the Ontario Municipal Board be advised that the Council is prepared to amend
By-law 79-200 by passing amending by-laws to include special provisions for the
Cyanamid and Chemmcryl lands.
ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
Objection #79 and Official Plan Amendment No. 71 - Group 2 Development - It was
moved by Alderman Schisler, seconded by Alderman Sobol, that the lands covered
by Objection #79 remain shown as agricultural. The motion Carried with the
following vote:
~YE: Aldermen Cheesmmn, Cummings, Feras Graaskamp, Orr, Puttick, Schisler
and Sobol.
~AYE: Aldermen Htnsperger, Herrerr and Mackenzie.
Objection #121 - D. Iseppon and E. Spironello - It was moved by Alderman Merrett,
seconded by Alderman Cummings, that the lands covered by Oblectton.#121 be zoned
GI with certain additional uses included. Carried Unanimously,
Obtection ~39 --Ministry of Natural Resources and Objection #110 - Niagara
Peninsula Conservation Authority - The report recommends (a) That Council indicate
to the Ontario Municipal Board that it I8 prepared to revise all Zoning By-law
schedules so as to restrict the Hazard Land Zoning to the delineated floodlines;
(b).That the Council is prepared to make the minor by-law text revisions referred
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to in the Ministry of Natural Resources letter dated August 29, 1980 and
including the following: i. delete Section 16.1.(c) with reference to park
development, ii. delete references to Section 12 and 14, iii. provide for
existing buildings only by revising the permitted uses in Hazard Zones to
be in conformity with the Conservation Authority's policies; (c) That Front
Street will be shown as the boundary line for the Hazard Land designation
on the north side of the River through the Village of Chippawa; (d) That
with respect to the Niagara Parks Commission lands, a special proviso under
Section 19 will be inserted into the By-law to reflect the following intent:
"that within a 30 ft. setback from the top of the bank of the Niagara River
or Gorge, any proposed development, excluding public park use, should be
approved to the satisfaction of the Ministry of Natural Resources"; and
(e) That F.A. Branscombe, Objection #77 be provided with copies of this
report and relevant correspondence from the Ministry of Natural Resources
and the Niagara Peninsula Conservation Authority.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
BY-LAW
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, t~
leave be granted to introduce the following by-law, and the by-law be read a ~
first time:
No. 80-168 - A By-law to authorize the acquisition of land from Ontario Hydre!
and the sale thereof to Ralph Powell, Trustee.
Carried Unanimous~
ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that
following by-laws be now read a second and third time:
No. 80-168 - A By-law to authorize the acquisition of land from Ontario Hydr0~{
and the sale thereof to Ralph Powell,. Trustee.
-- Carried Unanimous~+
NEW BUSINESS
TENNIS COURTS - A.G. BRIDGE PARK
Mayor Thomson introduced a letter from Mrs. D. Gammon regarding the
tennis courts at A.G. Bridge Park. The Mayor explained that Mrs. G~mmon is
experiencing problems with people using the tennis courts, including tennis
balls landing on her property, people climbing the ~ence, abusive language,
as well as a drainage problem caused by the courts. A net apparently was
erected by the Recreation Commission in an effort to prevent the balls landiPj,;
on Mrs. G-~mon's property, however the Mayor advised that the nets were not
successful and most of them had been removed.
Alderman Herrerr indicated that Mrs. Gammon had not been aware of this
problem when she had purchased the property, and pointed out that the courts
had been at the Park for fifteen years. It was moved by Alderman Cummings,
seconded by Alderman Sobol, that the matter be referred to staff for the
preparation of a report. Carried Unanimously..
TRANSPORTATION ADVISORY CONNITTEE - QUEEN VICTORIA PARK
Alderman Cheesman advised Council that he is unable to attend further
meetings of the Queen Victoria Park Transportation Advisory Committee, and
suggested that Council consider appointing another member to replace him.
Mayor Thomson stated that both he and Alderman Merrett were presently
serving on the same committee, and he did not feel a replacement would be
'necessary at this time.
CONCRETE FENCE - WILLINGER STREET
Alderman Sobol referred to a complaint raised previously regardinS a
concrete wall erected between the rear yards of properties on Willinger Stree~
on which the City had not been able to anythins. The Alderman indicated that
the residents in the area of the property with the wall are experiencing
drainage problem and have requested that a catchbasin be installed. It was
-3-
the possibility of installing a catchbasinin this area. Carried UnanimoUsly.
LORD MAYOR OF LONDON, ENGLAND
Mayor Thomson advised Council that the Lord MAyor of London, England had
been in the City recently and had presented to the Playor and Council, a mug
bearing the Lord Mayor's personal crest as well as the crest of the City of
London, England.
It was moved by Alderman Cheesman, seconded by Alderman Merrett, that the
meeting adjourn to Committee of the Whole. Carried Unanimously.
READ ANDADOPTED,
COL]
MAYOR WAYNE THOMSON
Committee Room #1
September 8, 1980
Council met on Monday, September 8, 1980 in Committee of the Whole following
a special meeting of Council. All members of Council were present with the
exception of Aldermen. Dilts and Orr. Alderman Cheesman presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
Council Chambers
September 8, 1980
Council reconvened in formal session on Monday, September 8, 1980, following
a meeting in Committee of the Whole. All members of Council were present with
the exception of Alderman Dilts.and Orr. His Worship, Mayor Thomson presided as
Chairman.
The meeting adjourned.
READ AND ADOPTED,
j.L.C_h~ ~ ~ kA&aa a a, MAYOR WAYNE THOMSON
THIRTY-FOURTH MEETING
Committee Room #1
September 15, 1980
COMMITTEE OF THE WHOLE
Council met on Monday, September 15, 1980 in Committee of the Whole. All
members of Council were present with the exception of Alderman Sobol. Alderman
C-mmings presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting. ~A.a
m~~ ~4~4~
READ AND ADOPTED,
REGUL
MAYOR WAYNE THOMSON
Council Chambers
September 15, 1980
Council met on Monday, September 15, 1980 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman Sobol. His Worship, Mayor Thomson presided as Chairman.
Alderman Schisler offered the Opening Prayer. ~
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Dilts,
that the minutes of the meeting held on September 2nd, 1980, be adopted as
printed. Carried Unanimously.
PRESENTATIONS
MR. G. SINGLETON
His Worship, Mayor Thomson presented Mr. Gordon Singleton with a set of
engraved book ends. The Mayor commented that although Canada had not participated
in the 1980 Olympic Games in Moscow, the athletes of Canada who had been chosen
to represent the Country should be recognized. Mayor Thomson also presented
a desk set to Mr. Singleton's coach, Mr. Soens.
ACHIEVEMENT AWARD
His Worship, Mayor Thomson presented achievement awards to John Campbell
and his coach Mike DeGuida. The Mayor advised that John Campbell won the Ontario
Tyke 800M Championship held in Oakville on September 6, 1980.
DEPUTATION
RESIDENTS OF THOROLD STONE ROAD/CARROLL AVENUE lIE: BRIGHT'S CANNING FACTORY
PUMP DRYING PROCESS
Communication No. 170 - Residents of Thorold Stone Road/Carroll Avenue Area -
The communication outlines strong objection to the new pulp drying process at
Bright's Cannery, due to noise, odour and vibration.
Mr. F. Bertoncin provided additional background information on the matter.
Mayor Thomson indicated that he~ Alderman Fera and the City Clerk had visited
the site to look at the situation and were familiar with the complaint. The
Mayor suggested that the matter be referred to staff to meet with the officials
of Brightve, area residents and officials of the Ministry of the Environment.
Alderman Fera com~aented that since he .had first been called on the matter,
the situation had not improved and in fact had gotten worse. The Alderman did
not see any prospect of improvement unless Council took some action.
-2-
Alderman Puttick suggested that the Business & Industrial Growth Agency
be brought in to assist in resolving the matter.
In response to a question raised by Alderman Graaskamp, Mayor Thomson
indicated that the process involved fruit and vegetable pulp laying on the
ground in the open. It is picked up by a front end loader and dumped into
a hopper where it is dried. The Mayor felt the operation should be enclosed.
ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman, that
the matter be referred to staff to arrange a meeting between the residents,
Bright's, the Ministry of the Environment and the B.I.G. Agency. Carried
Unanimously.
UNFINISHED BUSINESS
1980-81 CANADIAN COMMUNITY DEVELOPMENT PROJECTS PROGRAMME
Report No. 482 - City Manager - The report recommends that since the type of
projects under this Progrannne would be best suited to sponsorship by a commum~
organization and the tourist industry, that the City not directly sponsor a
project. The report further recommends that the City offer technical assista
to any group who wished to become involved in conducting research on communit...
matters which relate to any City Department.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, tha~
the report be received and adopted. Carried Unanimously.
MORETTA ESTATES SUBDIVISION
Report No. 483 - City Manager - The report recommends that the subject subdi~
be developed in three phases: 1) Phase I, Lots 7 to 57 inclusive; 2) Phase
Lots 1 to 6 inclusive and Lots 58 and 59 on Riall Street; and 3) Phase III,
60 to 130 inclusive; all subject to the procedure outlined.
ORDERED on the motion of Alderman Fete, seconded by Alderman Dilts, that the]
report be received and adopted. Carried Unanimously.
A.G. BRIDGE PARK TENNIS COURTS
Report No. 484 - City Manager - The report recommends that two of the six ti'
tennis courts remain open until the end of the tennis season, and that the f~
changes he considered by the Finance Committee: 1) Erect a new fence 18' high
between the tennis courts and the property at 6303 Carlton Avenue (approximat~
cost $9,000). 2) Redssign the existing tennis courts to reduce the number of
courts from six to three to provide for a 9.14 metre (30') buffer area betwee
the courts and the property at 6303 Carlton Avenue, with the grade level
to take all water drainage to the north and the existing catchbasins. des
In response to a question raised by Alderman G~aaskamp, the Director of~
Recreation advised that redssigning the tennis courts to reduce the number of
courts from six to three, would definitely affect the amount of tennis played
in the area. Since the courts are lighted, evening tennis would be reduced
well.
Mr. D. Gammon advised that he was not Just experiencing problems with
tennis balls being hit onto his property, but people cutting across his yard
to reach the tennis courts, abusive language from persons using the courts,
and flooding as aresuit of run-off from the courts after rainfall.
In response to a question raised by Alderman Merrett, the Director of
Recreation advised that the $9,000 mentioned in the ~eport included only the
cost of erecting the fence, not redesigning the courts. Alderman Merrett
felt that before he could agree with any of the recommendations, he would
have to knowall of the costs involved.
Aiderman Dilts sympathized with Mr. and Mrs. Gammon, but pointed out thst'~
,the courts had been in existence for sixteen years, and no complaints had beer!'~
brought to Council's attention previously. The Alderman also pointed out tBt~
there were no funds in the budget to erect the new fence. With respect to
closing three of the tennis courts, the Alderman stated that he was opposed
to such a move, since taxpayers dollars had been used originally to construct
the courts, and it would be a waste of money to tear them out. Alderman Dilt
suggested the matter be referred to the Finance Co~mittee for consideration.
Alderman Fera felt that the courts were being used by many people and
the number of courts should not be reduced. The Alderman asked if the
eretrio
-3-
of the new fence would solve the problem. Mr. Gannon felt that even the
eighteen ft. fence proposed would not prevent tennis balls from being hit
on to his property.
Alderman Puttick did not feel the courts should be eliminated, and
suggested that such action could be considered a precedent that would
encourage similar requests throughout the City.
Alderman Cheesman pointed out that Mr. Gannon has several large dogs and
felt that they would likely deter people from trespassing on the property.
Mr. Gammon stated that his dogs are kept in pens and are only allowed loose when
under direct supervision. Mr. Gammon further explained that the dogs were a hobby
and he had purchased his property so that he would have room for the dogs.
Alderman Chessman stated that very recently, new legislation known as the Petty
Trespass Act, which gives property owners the right to protect their property.
The legislation permits property owners to question a person trespassing and
even gives property owners the power of citizen arrest. Mr. Gammon felt that
this legislation would not help him unless the police were willing to patrol
the property line between the courts and his home. In the past when called,
the police had refused to help.
Alderman Cummings pointed out that the tennis courts at A.G. Bridge Park
were the only lighted courts in the City, and to reduce their number by three
would seriously affect the amount of evening tennis being played. The
Alderman indicated that he hoped there was some way of reaching a compromise,
but not at the expense of the closing three courts.
Alderman Graaskamp suggested that the courts be redesigned so that they
are facing in the other direction and tennis balls would not be directed towards
the Gannnon's property.
Several residents from the area confirmed that the tennis courts have
caused problems over the years, however they felt the new fence would resolve
most of the complaints. ~
Following further comment, it was moved by Alderman Dilts, seconded by
Alderman Chessman, that the matter be referred to budget discussions by the
Finance Committee, and further that Mr. Gammon be given an opportunity to
address the Committee at that time. Carried Unanimously.
PORTAGE ROAD BRIDGE OVER THE H.E.P.C. CANAL
Communication No. 171 - Regional Municipality of Niagara - The communication
advises that the Regional Public Works & Utilities Committee has instructed
Regional staff to prepare a report for the September 11, 1980 meeting of the
Committee incorporating the estimated cost of the total demolition of the
bridge and all associated costs, the feasibility of transferring to the City
funds equal to the amount of the projected Regional share of the costs associated
with the works as outlined, and the possibility and feasibility of transferring
Jurisdiction of the bridge to the City of Niagara Falls.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that
the communication be received and filed. .Carried Unanimously.
STAMFORD PARK
Report No. 485 - City Manager - The report recommends that the Niagara Shrine
Club be advised that the Parks storage building at Stamford Park on Montrose
Road is.unavailable for use by the Club.
· Mayor Thomson provided additional information in response to a question
raised by Alderman Puttick concerning vandalism and use of the building.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that the report be received and adopted, and further that staff determine if
there is any other way the City can assist the Club. Carried Unanimously.
COMMUNICATIONS
No. 172 - Historic Sites and Monuments Board of Canada - Re: Lundy's Lane
Battlefield. The communication advises that Parks Canada has uo plans at
this time to acquire private property associated with the Battle of Lundyss
Lane.
Alderman Graaskamp felt that the battle of Lundy's Lane was most important
in the history of Canada, and suggested that a letter expressing the City's
-4-
disappointment should be sent to the local Member of Parliament advising
of the reaction of Parks Canada.
His Worship, Mayor Thomson explained that steps were being taken to
have the area designated to be of historical significance under the Ontario
Heritage Act, which would give the land some protection against development.
With respect to Alderman Graaskamp's suggestion, the Mayor felt a similar
letter should also be sent to the Parks Board. Mayor Thomson also referred
to a small parcel of land which runs along the rear of the United Church,
and suggested that this property would make an excellent extension to the
Church property and could be designated for its historical importance in the
War of 1812. The Mayor felt the Government might consider acquiring this
small parcel of land instead of the larger area.
Following further comment, it w~s moved by Alderman Graaskamp, seconded
by Alderman Cheesman, that a letter be sent to Mr..A.A. MacBalm, M.P. and
Parks Canada, expressing the City's disappointment that the Lundy's Lane
Battlefield Site will not be acquired and established as an historical park;
and further that inquiries be made to Parks Canada regarding the possible
acquisition of the small parcel of property to the rear of the Lundy's Lane
United Church for the establishment of an historical park site. Carried
Unanimously.
No. 173 - Mr. G.W. Vosper - Re: Reginald Fessenden. The communication request'
that Council support a request to the Postmaster General to consider issuing~
commemorative stamp honouring the "Father of Voice Radio". ;
ORDERED on the motion of Alderman C,,mmings, seconded by Alderman Merrett, the:~
Council endorse the request to .have a commemorative stamp issued in honour of
Reginald Fessenden. Carried Unanimously.
No. 174 -Miss Ruth Redmond - Re: Lundy's Lane Battlefield Site. The
communication expresses appreciation to the Council for efforts to have the
subject property designated historical, and further expresses objection to
the commercial zoning placed on the lands under the new Zoning By-law.
ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Cunmings,
that the communication be referred to the Planning D{-~ector to meet and
discuss with Miss Redmond a study of the.zoning in this area. Carried
Unanimously.
No. 175 - City of St., Catharines - Re: Liability Clause in Agreement with
Consumers' Gas Company, Municipal Gas Franchise. The communication requests
that Council support the position of the City of St. Catharines in seeking
a liability clause in the Agreement with Consumers' Gas Company respecting
the transportation and supply of gas within communities.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman,
that Council support the position taken by the City of St. Catharines in
this matter. Carried Unanimously.
No. 176 - Social Planning Council - Re: Gambling Monitoring Committee. The
communication recommends that Council approve the following personnel for the
Gambling Monitoring Committee: Chairman: Mr. J. Walker, Vice-Chairman/Secr~
ORDERED on the motion of Alderman Schisler, seconded by Alderman Herrerr, tha~
the recommendation be approved. Carried Unanimously. - ' -
No. 177 - Niagara South F~deration of Agriculture - Re: Proposed Zoning By-l~
and Agricultural Code of Practice. The communication comments on the prop0s~
Zoning By-law, particularly as it relates to agricultural areas.
ORDERED on the motion of Alderman Craaskamp, seconded by Alderman Cummings,
the communication be referred to staff for further consideration. Carried
Unanimously.
REPORTS .
No. 485 - City Manager - Re-' Estate of Arthur Donald Willick and Request for ..
New Deed - Lot 110, Plan 7, former Village of Chippawa. The report
passage of a by-law to authorize the execution of a quit claim deed for Lot
Plan 7, former Village of Chippawa, to the executor of the estate of the
Arthur Donald Willick.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman,
the report be received and adopted. Carried Unanimously.,
See By-law 80-1
-5-
No. 486 - City Manager - Re: Drummond Village Condominium Subdivision. The
report recommends that the Subdivisions Branch of the Ministry of Housing be
advised that the City of Niagara Falls concurs with a one year extension of
draft plan approval, to October 11, 1981, in respect to the proposed Drummond
Village Condominium Subdivision.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 487 - City Manager - Re: Mount Forest II Subdivision. The report recommends
that the Subdivisions Branch of the Ministry of Housing be advised that the City
of Niagara Falls concurs with a one year extension of draft plan approval to
October 19, 1981, in respect to the proposed Mount Forest II Subdivision.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 488 - City Manager - Re: Proposed Closing and Sale of the Westerly 33 Ft.
of Smith Avenue. The report recommends passage of a by-law providing for the
assumption of the Smith Avenue road allowance.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
See By-law No. 80-178
No. 489 - City Manager - Re: Request for Reserve - Lot 23, Falls Industrial Park
Extension. The report recommends that Council approve the reservation of Lot 23
in the Falls Industrial Park Extension to Mr. John Kamphius of Industrial Gauge.
and Instrument Limited until November 28, 1980.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimously.
No. 490 - City Manager - Re: Closing and Conveyance of Part of Unopened Road
Allowance between Township Lot 5 and Gore Lots 3, 4 and 5 of the former Township
of Stamford. The report recommends that part of the subject unopened road
· allowance be stopped up and closed by by-law and conveyed to Luane and Nuziato
Pellegrino for the appraised value of the said part of the unopeaed road
allowance and the cost of all of the City's expenses in stopping up and conveying
the same.
Mr. M. Stockton was granted permission-to 'address Council on the motion
of Alderman Herrerr, seconded by Alderman Cummings. Mr. Stockton advised that
the previous owner of the lands, Mrs. Sophie Fischer, had lived on the land
for over fifty years, however no one had sufficient recollection of the property
to show if prior owners had used the road allowance. Mr. Stockton indicated
that copies of deeds dating back to 1843 give rise to the implication that
the lands, including the road allowance, were continuously used by property
owners. The description of the deeds included the road allowance without
making specific reference to it. Mr. Stockton also advised that taxes had
been paid on the entire property including the road allowance over the years.
It was explained that in this case, the road allowance was included in a
piece of property for a long time, and the property owner had not been aware
of its existence. A survey of the area done by the M.T.C. included a
reference to the road allowance being closed at one time. Mr. Stockton requested
that due to the unusual circumstances in this case, that Council consider
charging less than appraised value of the land, or a nominal fee, plus the
City*s legal costs for the.conveyance of the land.
In response to a question raised by Alderman Herrerr, the Deputy City
Solicitor advised that he was not aware of a similar case in the past. Although
the Municipal Act permits the Council to fix the price, the practice has been
to charge appraised value. The Deputy Solicitor further advised that no
evidence had been given to show legal entitlement of the property to the
purchaser requesting the conveyance. Additional information was provided by
the Deputy Solicitor in response to a number of questions raised.
Foliowing further comment, it was moved by Alderman Graaskamp, seconded by
Alderman Schisler, that the report be received and adopted.
It was then moved by Alderman Puttick, seconded by Alderman Merrett, that
the report be tabled for further consideration. The motion to table, which took
Precedence, Carried with the following vote:
AY__Ez Aldermen theesmart, Cummings, Fore, Hinsperger, Merrett, Offend Puttick.
NAYE= Aldermen Dilts, Graaskamp and Schisler.
Alderman Mackenzie abstained from voting on a 'conflict of interest.
-6-
No. 491 - City Manager - Re: Co-Operative Tenders, Sodium Chloride. The rap0:
recommends that the tender submitted by Domtar Chemical Group for the supplyl
sodium chloride be accepted.
ORDERED on the n~tion of Alderman Merrett, seconded by Alderman Fera, that th
report be received and adopted. Carried Unanimously.
No. 492 - City Manager - Re: Building & Development Report. The report provi:4
current news relative to permit statistics and development proposals for the
month of August, 1980.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the !
report be received and filed. Carried Unanimously.
No. 493 - City Manager - Re: Niagara South Recreation Centre - Contractor's
Agreement. The report recommends passage of a by-law to provide for an agree~
between Niagara River Construction Ltd. and the City for the addition of show~
rooms at the Niagara South Recreation Centre.
The Building & Development Co-ordinator provided additional information
regarding the proposed completion date in response to a question raised by
Alderman Rinsperger.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Minsperger, the:
the report be received and adopted. Carried Unanimously..
No. 494 - City Manager - Re: InterimMeasures, Stanley Avenue/Valley Way Inter
section. The report recommends that Council consider the various alternativei
for providing interim relief to the existing traffic congestion at the subjet!r(
intersection.
Alderman Cununings referred to traffic counts mentioned in the report, an:4
pointed out that the counts were taken in October and would not reflect the
heavy traffic in the area during July and August. The Alderman was critical
of the fact this problem intersection had existed for years, and now that the
City was trying to correct the situation, the Region wants to study the matter
Mayor Thomson pointed out that a solntion to the problem is not as simple as
erecting traffic lights, since signalization of the intersection with the
present offset could make traffic congestion worse.__
In response to a question raised by Alderman Merrett, the Director of
Municipal Works stated that the Region had prepared a report on the matter
indicating that if left hand turns from Valley Way were prohibited, traffic
congestion on Stanle~ Avenue would improve, however the through'movement oK
traffic to the Downtown would be impeded. Re-alignment of Valley Way is ef
t
obvious solution, and the Region could be requested to carry out constructi0n. i
within the Regional road allowance and erect traffic signals, while the City
would be responsible for re-aligning a section of V~lley Way. Because of the~
cost involved, preliminary design on the project could begin,' however the
work could not be considered until 1981.
Alderman Puttick suggested the use of red lights and green arrows simik
to systems used in Toronto. The Director of Municipal Works stated that thisi~
type of scheme will work if an intersection is lined up properly, With offst
intersections such as Stanley Avenue and Valley Way, traffic signals are not
usually recommended. In the case of Stanley Avenue and Valley Way, the light
would create a longer hold-up for traffic on Stanley Avenue which is the priD
mover. Several thousand cars on Stanley would be delayed in order to factlit;
several hundred on Valley Way.
Mrs. T. Matheson was granted permissionto address Council on the motion
of Alderman Cummings, seconded by Alderman Hinsperger. Mrs..Matheson explai~
that the traffic problems were compounded by the new plaza at the corner of
Stanley Avenue and Valley Way. Mr8. Matheson commented that since she lived
in the area, she had to use this intersection quite often~ and the delays a~
accidents were a constant concern.
In response to comments made by Mrs. Matheson, Aldenan Fera stated thai
the Region was involved in the matter because Stanley Avenue is a Regional
road and signalization of intersections is the responsibility, Mayor Thomso~
suggested that Regional staff be invited to attend the next Ceneral Committee
session to assist Council in reaching a solution to the problem.
With respect to traffic lights, Alderman Puttick asked if the flashing
- 7-
street lighting had been carried out, however the flashing light had not been
erected as yet. It was hoped the light would be operational by the end of the
month. In response to a further question raised by Alderman Puttick, the
Projects & Services Engineer indicated that the forces which normally arrange
for such lights to be ordered and installed were not under his control, and
he could not provide any information with respect to the purchase order.
Following further comment, it was moved by Alderman-Cummings, seconded by
Alderman Fera, that officials of the Regional Municpality of Niagara be
requested to attend the next General Committee session to discuss improvements
to the intersection of Stanley Avenue and Valley Way. Carried Unanimouslye.
No. 495 - City Manager - Re: Drainage Complaint - Mrs. Rodgers at 6763 Wilinger
Street. The report recommends that Mrs. Rodgets of 6763 Wilinger Street be
advised that a solution to her drainage problem is for her to arrange for the
construction of the necessary swale to a nearby existing catchbasin.
Since Alderman Sobol had been involved in this matter, it was suggested
that the report be tabled until the Alderman was present.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Ninsperger,
that the report be tabled. Carried Unanimously.
No. 496 - City Manager - Re: Winter Control, 1980-81 Snow Clearing from Cul-de-
Sacs with Four-Wheel Drive Vehicles. The report provides information on tenders
called for the supply of four-wheel drive trucks on an hourly basis to clear
snow from cul-de-sacs in place of the large front-end loaders used in the past.
Additional information was provided by the Maintenance & Operations
Engineer in response to questions raised.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the
report be received and filed. Carried Unanimously.
No. 497 - City Manager - Re: 1980 Rubbish Collection Campaign. The report
recommends: 1) Continuing the collection of rubbish through an annual rubbish
campaign by using City employees and equipment; 2) Undertaking the annual
rubbish campaign during the latter part of April in future years; and 3) Placing
funds in the 1981 Operating Budget to provide a limited rubbish collection
service, by appointment, from the end of the annual rubbish campaign to the
end of the year.
Alderman Dilts felt that staff should have asked local contractors to
give estimates on the cost of carrying out the rubbish campaign privately.
The Alderman felt there were private contractors in the City who would be
available to carry out such work.
With respect to the recommendation of scheduling the rubbish collection
in April, Alderman Merrett felt this did not allow people much time to clean
up their yards following .the winter weather.
The Maintenance & Operations Engineer provided additional information
regarding the rubbish collection in response to questions raised. Following
further comment, it was moved by Alderman Cheesman, seconded by Alderman Dilts,
that recommendations ~1 and #3 be adopted, that recommendation #2 be referred
to 1981 budget discussions, and further that staff contact local contractors
to determine if they would be interested in tendering on the City's annual
rubbish campaign. Carried Unanimously.
No. 498 - City Manager - Re: Parking Prohibitions - Region. The report
recommends that the Region be advised that the City has no objection to their
proposed parking restrictions surrounding the intersections of Dunn Street
and Stanley Avenue and Thorold 'Stone with Kalar Road.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fare, that
the report be received and adopted. Carried Unanimously.
No.'499 - Finance Committee - Re: Finance Committee Matters. The report
recommends: 1) That the report of the City Manager dated 1980 08 18 relating
to fringe benefits for members of Council, be received and filed; 2)'That
the City'agree to pay 50% of the costs of removing the old Christmas scroll
lighting from the Central Business District area at an estimated cost of
$400, with Niagara Falls Mydro paying the other 50%; and 3) That the City
pay for advertising in two publications as follows| (a) 1/4 page in NlaRara
flashing lights for the approaches to the curve on Willoughby Drive had been
erected as yet.
LScouting at a cost of $85. (b) One page in 34 issues of the Niagara Falls
The Projects & Services EnSineer indicated that improved Flyers programs at a cost of $500.
ORDBRED on the motion of Alderman Chessman, seconded by Alderman Nerrett, that
..... 7 the report be received and adopted. Carried Unanimously.
t
-8-
No. 500 - Finance Committee - Re: Remuneration for Election Workers, 1980
Municipal Election. The report recommends that the following rates be
established for election workers in the 1980 Municipal Election: 1) Deputy
Returning Officer - $55.00; 2) Poll Clerk - $40.00; 3) Rental of Polling
Places - $35.00 plus $10.00 for each additional poll where more than one is
held in the same polling place; 4) Advance Poll Deputy Returning Officer -
$60.00; and 5) Advance Poll - Poll Clerk - $45.00.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 501 - City Manager - Re: Municipai Accounts. The report recommends paym~(
of the municipal accounts.
The City Manager, City Treasurer and Projects & Services Engineer providi~
additional information on Cheques #7458, ~7522 and ~7530 in response to quem~'
raised by Alderman Puttick.
· ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, tk~
the report be received and adopted. Carried Unanimously.
No. 502 - City Manager - Re: Reclassification of Liquor Licence for Niagara
5008 Centre Street. The report recommends that Council, by resolution, apprc
the closing of the bedroom facilities presently situated in the Niagara RoteL~
at 5008 Centre Street, Niagara Falls.
Mayor Thomson provided additional information in response to questions
raised by Alderman Cheesman.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
See Resolution
No. 503 - City Clerk - Re: Consent Items.
l) Niagara Falls Fire Department - Re: Fire Prevention Week, October 5 - 11,~
Recommendation - That the request be approved.
2) Niagara Falls Review - Re: National Newspaper Carrier Day - October 18 1
Recommendation - That the request be approved. _- '
3) Chamber of Commerce - Re: Small Business Information Week, October 6 - 10~
Recommendation - That the request be approved subject to the established
4) Lupus Foundation of Ontario - Re: Lupus Awareness Week, October 19 - 25,
Recommendation - That the request be approved subject to the established
5) Team Chippawa -R~: Special Event Permit.
Recommendation - That the request be approved subject to the established
6) Mr. J.E. West - Re: Campaign to'Encourage the Purchase 'of Domestic Autom0
RecOmmendation - For the consideration of Council.
Alderman Graaskamp advised that the week of September 21st was "Legion
Week" and asked if there would be any suitable observance by the City. The
Alderman felt it would be appropriate for the City to officially recognize
"Legion Week" in Niagara Falls.
ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Cheesman,
that the report be received and adopted, and further that the City offer tv
assist in observance of Legion Week. The motion Carried with Alderman Chees~
voting contrary with respect to item {}6, Alderman Dilts abstaining on a conf~
of interest on item {}6, and all others voting in fayour.
No. 504 - City Manager - Re: Disposition of Council Matters. The report ado
that a report outlining'the status· of various items appearing on Council age:
will be submitted at the September 29, 1980 Council meeting.
ORDERED on the motion of Alderman Schisler, seconded by Alde. rman Cummings,
the report be received and filed. Carried Unanimously.
No. 505 - City Manager - Re: Limousine Service. The report provides informatl'
on the City~s policy of transportation to and from conferences.
ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Merrett,
the report be received and filed. Carried with Alderman 8chisler abstainin
a conflict of interest.
No. 506 - Mayor Thomson - Re: Parking, Traffic and Tourism Study. The
recommends passage of a resolution to make application for subsidy on the
by the Ministry of Industry and Tourism and the Ministry of Trans
Communications.
ORDERED on the motion of Aldenwan Marterr, seconded by Alderman Dilts, that
the report be received and adopted. ~arried Unanimou~ly.
-9-
No. 507 -Mayor Thomson - Re: Proposed Schedule - Niagara Falls Arena Renovations.
The report recommends that the approval of the proposed schedule for the addition
to the Niagara Falls Arena.
Alderman Graaskamp questioned why the report was being submitted by the
Mayor as opposed to a department head, particularly since such a large sum of
money was involved. Mayor Thomson pointed out that he was chairman of the
Renovations Steering Committee, which had been approved by Council, and the
Committee was only recommending approval of the schedule for the project.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
' No. 508 - City Manager - Re: Policies - (a) Carnivals, Exhibitions & Tournaments;
(b) Special Events and Scheduling of Arenas. The report recommends that the
subject policies be amended and the following paragraph added to each policy
on a trial basis until September 1981, "Any special event planned by the
Promotions Co-ordinator will be given priority over other scheduled events.
The Promotions Co-ordinator will receive approval from the City Manager for
all events and notify City Council, the Recreation Commission and the groups
to be cancelled out. Special approval of City Council must be given if the
group cancelled is not notified at least four weeks in advance.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
Mayor Thomson advised that arrangements were being finalized for the
closed circuit television coverage of the All/Holmes heavy-weight fight to
be held at the Niagara Falls Arena. The Mayor indicated that Team Chippawa
would like Council approval to obtain a special occasion permit in order to
serve beverages during the fight, with part of the proceeds going towards the
Ralph Racine Fund.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that
the request be approved subject to the established policy. Carried Unanimously,
Alderman Puttick asked how many season tickets to the Niagara Falls
Flyers games had been sold to date. The Alderman indicated that he had
understood previously that over five hundred had been sold, and he had then
learned there were only four hundred sold. The City Manager indicated that
as of the previous week, there were five hundred and ten sold. Mayor Thomson
indicated that when the Promotion & Facilities Co-ordinator was hired, the
number of season tickets already listed as sold, had included figures based
on calls the Recreation Commission had received for season tickets. When
these people were called, some of them had changed their minds and no longer
wanted to buy the season tickets.
In response to a question raised by Alderman Mackenzie, Mayor Thomson
indicated that the number of one thousand season tickets had only been set
as an objective, and the City was under no obligation to guarantee the sale
of that amount.
PETITION
Communication No. 178 - Property Owners of Keith Street - Re: The communication
petitions the City to construct curbs and gutters on both sides of Keith Street
from Portage Road to the C.N.R. Right-of-Way, under the general rate.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that
the petition be referredto staff. Carried Unanimously.
RESOLUTIONS
No. 55 - MERRETT - FERA - RESOLVED that the price submitted by Domtar Chemical
Croup, Sift Salt Division, for the supply of sodium chloride, be accepted at the
quoted price of $22.76 per tonne, Provincial Tax and freight included; AND the
Seal of the Corporation be hereto affixed.
Carried Unanimouslx
No. 56 - MEREETT ~ NINSPERGER - RESOLVED THAT WHEREAS a study of the City's
Tourist Commercial area is desirable to provide necessary information useful
to the Parking and Traffic Committee, the Planning and Development Committee,
to City Council for comment on the plans of the Niagara Parks Commission, to
the Region and Province and to the private sector; and
WItEREAS the Advisory Committee for this study has recommended the consortium
of Lanmer-Fenco to conduct this study at an upset fee of $115,000; and
~HERF~a the Tourism component of the fee is estimated to be $43,900, subject
- 10 - - 11 -
to a 50% subsidy by the Ministry of Industry and Tourism; and ~ Alderman Puttick expressed concern that the school programs such as
WHEREAS the Parking and Traffic component of the fee is estimated to be $71,1 ) hearing and visual testing in schools had been discontinued because of the
subject to a 75% subsidy by the Ministry of Transportation and Communications~ strike. The Alderman indicated that he did not want to interfere with the
THEREFORE BE IT RESOLVED that upon approval by both Ministries, a by-law be ~ collective bargaining process of the employees, however he felt when it
prepared to authorize an agreement with Lanmer-Fenco; AND the Seal of the came to public health, the Council had a right to know where the matter stood.
Corporation be hereto affixed.
Carried Unanimou~{, Aiderman Cummings suggested that the matter be referred to staff to
contact the Health Unit for further information. It was moved by Alderman Puttick,
· No. 57 - CHEESMAN - HINSPERGER - RESOLVED that the Council of the Corporation d seconded by Alderman Merrett, that the City Clerk contact the Niagara Regional
of the City of Niagara Falls approves of the closing of the guest bedroom ~ Health Unit with respect to the strike by its employees. Carried Unanimously.
accommodations provided by the Niagara Hotel, 5008 Centre Street, Niagara Fall .
in order to permit the Liquor Licence Board of Ontario to consider an , , , , , ·
application for reclassification of the said premises from a hotel to that
a tavern; AND the Seal of the Corporation be hereto affixed.
~ Mayor Thomson resumed chairmanship of the meeting following the discussion
on this matter.
Carried Unanimou~l~ .. · · · , , ,
BY-LAWS
~ LEISURE ACTIVITIES DIRECTORy, 1980-81 FALL AND WINTER
ORDERED on the motion of Alderman Schisler, seconded by Alderman Hinsperger,
that leave be granted to introduce the following by-laws, and the by-laws bet Alderman Schisler distributed copies of the 1980-81 Fall and Winter
read a first time: Leisure Activities Directory prepared by the Recreation Conmission.
No. 80-176 ? A By-law to authorize the execution of a quit claim deed to thed CHANGE IN HOUSING POLICIES - ONTARIO HOUSING CORPORATION
executor of the estate of Arthur Donald Willick.
Alderman Merrett advised that Ontario Housing Corporation projects are
No. 80-177 - A By-law to authorize an agreement with Niagara River Constructi administrated locally by the East Niagara Housing Authority. At one time, the
Limited for the construction of additions to the Niagara South City participated financially in the maintenance costs of housing projects,
Recreation Centre. by assuming 7½% of any operating loss. This system was changed and the
Municipality no longer pays any monies to O.H.C., however Alderman Merrett
No. 80-178 - A By-law to assume Smith Avenue as a public highway. indicated that along with this change, other less desirable changes were made.
At the beginning of 1981, local persons applying for accommodation in O.H.C.
No. 80-179 - A By-law to provide monies for general purposes. units inNiagara Falls will have tocompete with persons from all over Ontario
for these units. The Alderman explained that a person who had lived in Niagara
Carried Unanimous Falls all.his life, could be bumped off a list for housing by a person from
-- another city in Ontario. Since there was to be a conference of the
ORDERED on the motion of Alderman Dilts, seconded by Alderman Orr, that the Association of Ontario Housing. Authorities in several days, the Alderman felt
following by-laws be read a second and third time: Council should support the East Niagara Housing Authority in opposing this
! change.
No. 80-176 - A By-law to authorize the execution of a quit claim deed to thei~
executo~ of the estate of Arthur Donald Willick.
While the Council was sympathetic to the problems such a change could
cause, it was felt that further information on why this change was to take
No. 80-177 - A By-law to authorize an agreement with Niagara River Constructjz place, should be obtained for review. The City Treasurer indicated that he
Limited for the construction of additions to the Niagara South would be attending the annual meeting of the Association in Windsor, and
Recreation Centre. t he would see that Council received a complete report.
No. 80-178 - A By-law to assume Smith Avenue as a public highway. Following further comment, it was moved by Alderman Chessman, seconded
by Alderman Puttick, that the matter be referred to staff for the preparation
No. 80-179 - A By-law to provide monies for general purposes. of a report. Carried Unanimously..
Carried Unanimou FINANCE COMMITTEE MEETING
NEW BUSINESS Aiderman Cheesman reminded members of Council that the next meeting of
the Finance Connnittee would be on September 17, 1980.
BLOCKAGE OF LYONS CREEK
Alderman Dilts indicated that he had been contacted by residents concer~ WALKER BROS. QUARRIES - PROPOSED SOLIROC PROCESS
over the blockage of Lyons Creek in some areas. The Alderman advised that eI Alderman Chessman referred to a study being undertaken by Dr. Finley of
of the blockage has deliberately been done by some residents in order to kee[i~ Brock University on the proposed SOLIROC process of chemical disposal, on
e e o e i . h behalf of the City of Thorold. The Alderman felt that since the Council was
h r e e very much concerned with the process, that it would be to City's advantage
the next few months and try to reach some kind of a solution. It was movedt~
to have access to Dr. Finlay~s findings. It was moved by Alderman Chessman,
Alderman Dilts, seconded by Alderman Schisl~r, that the matter he referred ~c--t seconded by Alderman Fera, that the City of Thorold be contacted and asked
staff. Carried Unanimously. '~ if the findings of Dr. Finlay could be made available to Niagara Falls, when
~ completed. Carried Unanimously.
LABOUR PROBLEMS - NIAGARA REGIONAL HEALTH UNIT
' !
Aldermen Puttick referred to the strike presently taking place by empl0
~ the Niagara Regional Health Unit and expressed concern over the effect of It was moved by by Alderman Fare, that the
le conflict of interests Nayor 1]lomson requested Ald READ ANDADOpTED,
Cummings to act as Chairman for any discussion relating to the problems
sri~
as a resul~ of the strike by Health Unit employees. Alderman Cunmings assam
the chair during the discussion.
..... 11 J.i' ' ' '~' '
L. COLLINSON, 6I~'C[BRK NAYOR WAYNE THOMSON
THIRTY-FIFTH MEETING
Council Chambers
September 22, 1980
~PECIAL MEETING
Council met on Monday, September 22, 1980, following a meeting of the
General Committee. All members of Council were present. His Worship, Mayor
Thomson presided as Chairman.
REPORTS
No. 509 - City Manager - Re: Community Services Contribution Program - Maple
Area. The report recommends approval in principle of proposed projects to be
undertaken under the Program, that Council authorize a public meeting to
review the prolects, and further that the Recreation Commission be requested
to consider certain soft services.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Sobol, that
the report be received and adopted. The motion Carried with Alderman Dilts
voting contrary and all others voting in favour.
No. 510 - City Manager - Re: Ryerson-Market Park - 4507 Simcoe Street. The
report recommends that Council authorize the acquisition of the property known
as 4507 Simcoe Street.
ORDERED oq the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the report be received and adopted. The motion Carried with Alderman
Graaskamp voting contrary, and all others voting in favour.
The meeting adjourned.
'MAYOR WAYNE THOMSON
THIRTY-SIXTH MEETING
Committee Room #1
September 29, 1980
COMMITTEE OF THE WHOLE
Council met on Monday, September 29, 1980 at 6:30 p.m. in Committee of the
Whole. All members of Council were present. Alderman Dilts presided as
Chairman.
Following consideration of the items presented,
Whole arose without reporting.
the Committee of the
MAYOR WAYNE THOMSON
REGUI~R,,,
Council Chambers
September 29, 1980
Council met on Monday, September 29, 1980 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present. His Worship,
MAyor Thomson presided as Chairman. Alderman Sobol offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger,
that the minutes of the meetings held on August 25th and September 8th, 1980,
be adopted as printed. Carried Unanimously.
PRESENTATIONS
RETIREMENT WATCHES
His Worship, Fmyor Thomson presented a retirement watch to Mr. J. Sibbald,
who will retire on September 30, 1980. The MAyor advised that Mr. Sibbald, a
former employee of the Township of Crowland, had transferred to the City on
January l, 1970, and has worked as a truck driver out of the South End Service
Centre during his career with the City.
A retirement watch will also be presented to Mr. G. Canall, who was
unable to attend the Council meeting. Mr. Canall, an employee of the Water
Department, will also retire on September 30, 1980.
25~YEAR PLAQUES
His Worship, Mayor Thomson presented 25-Year Plaques to Mr. P.J. Brennan,
Mr. J. Smyth and Mr. H. Staats.
WELCOME
His Worship, Mayor Thomson welcomed Mr. Paul Wilson, the Niagara Falls
Review reporter who would now be-covering the City Council meetings.
pEPUTATIONS
PETITION RE: AMERICAN HOSTAGES IN IRAN
Mr. Bill White of the Burning Springs Wax Museum presented a petition
to the members of Council, which calls for the release of the American citizens
being held hostage in Iran. Mr. White advised that the petition contains
9,516 signatures from persons not only in Canada and the United States, but
from around the world.
Mayor Thomson indicated that the petition would be forwarded to the
ranian Embassy in Ottawa for transmtttal to Iran. It was moved by Alderman
obol, seconded by Alderman Einsperger, that the petition be endorsed and
~ent to the officials involved. Carried Unanimously. . .... 2
2
MRS. T. MATHESON - INTERSECTION OF STANLEY AVENUE AND VALLEY WAY
Report No. 511 - City Manager - The report reconmends that the widening of
the eastbound approach at Valley Way proposed in previous reports, be done
immediately; and that the Region prepare the appropriate design for both
Stanley Avenue and Valley Way to allow the straightening of this intersection
and its signalization.
AND
Communication No. 179 - Concerned Citizens of Niagara Falls - The petition
expresses concern over the traffic conditions and pedestrian safety hazard
that exists at the subject intersection, and requests the installation of
traffic signals.
AND
Communication No. 180 - Greater Niagara Safety Council - The communication
outlines certain suggestions to improve traffic problems at the subject
intersection.
Alderman Cummings commented that the obvious solution to the problem
would be the re-alignment of the intersection. Since this work could not
be done immediately, the Alderman suggested that the Region be requested to
erect traffic signals on a temporary basis to alleviate the immediate
problems. Alderman Cummings pointed out that the lights could be moved
later when the intersection was re-aligned.
In response to questions raised by Alderman Merrett regarding timing
of the project, the Design & Construction Engineer could see no reason why
work on the project could not be started in the spring of the year, assuming
the operating budget had been approved. As long as no problems were .~
encountered, i.e. delays in land acquisition, the re-alignment and signalizat
could be operational at the beginning of the tourist season.
Mrs. T. Matheson was granted permission to address Council on the motion]
of Alderman Cummings, seconded by Alderman'Cheesman. Mrs. Matheson expressed
her concern for the safety of children in the area, particularly the students
of Valley Way School. Photographs of the traffic congestion that occurs in
this area were distributed to the members of Council.--Mrs. Matheson requests
that the improvements necessary at the intersection be carried out immediate]
Mr. T. Stevenson was granted permission to address Council on the motion
of Alderman Hinsperger, seconded by Alderman Chessman. Mr. Stevenson indicat
that the Greater Niagara Safety Council proposed that access to the small
plaza be closed opposite MoRse Street. An exit ramp at the southeast corner
of the plaza property could be permitted for right turns only. Stanley Avenu
from Valley Way to Stamford Street should be widened so that the exit lane
would co-incide with the existing lane from Stamfor~ Street to Roberrs Street.
Traffic lights should be installed at Valley Way and Stanley Avenue in the
same manner as the offset intersection of Simcoe Street and Victoria Avenue.
Mr. Stevenson further suggested that consideration be given to synchronizing';,
the Valley Way/Stanley Avenue lights with the Roberrs Street/Stanley Avenue
lights.
Alderman Merrett suggested that staff should determine if any funds were
available in the budget, possibly through delaying projects of a lesser
priority, in order to start work on the intersection improvements sooner.
Alderman Puttick, felt that staff should contact the developer of the pls:i
to determine if he would be willing to close the Stanley Avenue access to the
plaza. The Alderman felt this would be reasonable since the plaza had
contributed to the traffic problems in the area.
Alderman Chessman pointed out that there could be a delay in acquiring
the property necessary for the re-alignment if the owner was not willing to
,sell. If expropriation were necessary, it could take many months, a situatio~
over which the City had no control.
Mr. G. Burley was granted permission to address Council on the motion of
Alderman Cummings, Seconded by Alderman Merrett. Mr; Burley reminded Council
of the importance of facilitating traffic in this area since Valley Way is
used as an access to the Downtown. Mr. Burley agreed with the suggestion th~
lights be installed immediately with re-alignment of the intersection to take:~
place afterwards.
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access to the plaza on Stanley Avenue, since such action could be considered
expropriation without compensation, and the Assessment Department could
consider this reason for reducing the assessment on the property.
Following further comment, it was moved by Alderman Hinsperger, seconded
by Alderman Merrett, that the City request the Region to install traffic lights
at the intersection of Stanley Avenue and Valley Way on a temporary basis
immediately; 'that the City advise the Region of its intention to acquire
property necessary for the re-alignment of Valley Way; and further that staff
determine if funds are available to widen the eastbound approach on Valley
Way at Stanley Avenue and to acquire the lands necessary for the re-alignment
of Valley Way. Carried Unanimously.
It was then moved by Alderman Puttick, seconded by Alderman Merrett, that
the City Manager be authorized to discuss with the owner of the plaza the
closing of the exit on to Stanley Avenue on a temporary basis. Carried
Unanimously.
NIAGARA FALLS HYDRO SERVICE - MR. J. BAUER
Communication No. lg0B- Mr. J. Bauer - The communication advises of losses
suffered as a result of a recent power failure by Niagara Falls Hydro.
Mayor Thomson advised that Mr. Bauer had been invited to attend a meeting
of the Hydro Commission to discuss this matter, however several days prior to
the meeting, the Commission's insurance agent had felt this could possibly
Jeopardize Mr. Bauer's opportunity to having fair consideration of the claim.
For that teasop, Mr. Bauer was told not to attend the meeting.
Mr. Bauer was granted permission to address Council on the motion of
Alderman Cummings, seconded by Alderman Hinsperger. Mr. Bauer advised that
he had lost between ten and eleven thousand chickens because of the power
failure. Mr. Bauer indicated that when Niagara Falls Hydro had taken over
the area ~rom Ontario Hydro, it had been given a list of sensitiv~ farm
customers, and Niagara Falls Hydro had either disregarded or neglected this
information. Niagara Falls Hydro is aware of certain technical difficulties
with rural lines, and Mr. Bauer stated that the residents in this area were
not aware that the power lines are not up to the same standard as other
areas of the City. Mr. Bauer was also critical of the fact it had taken
some time for crews to arrive at the scene, and it had taken nearly eight
hours to restore power. Mr. Bauer requested that Council look into the
operation of Niagara Falls Hydro, and see that some type of system is established
.to prevent future losses.
Mayor Thomson felt that since the matter was the responsibility of the
Niagara Falls Hydro, Council should request the Commission to comment on the
matter. The Mayor pointed out that the Commission was aware of additional
information surrounding the power loss and Mr. Bauer's claim.
In response to a question raised by Alderman Mackenzie, Mr. Bauer stated
that Ontario Nydro used to notify him when there was a power failure, and indicate
approximately how long the service would be out. Mr. Bauer stated that other
than to acknowledge his claim, Niagara Falls Hydro has made no effort to contact
him..
Following further comment, it was moved by Alderman Cheesman, seconded by
Alderman Hinsperger, that the communication be referred to Niagara Falls Hydro with
the request thata reply be given to the Council for consideration at a future
meeting. Carried Unanimously.
UNFINISHED BUSINESS
BRIGHT CANNING COMPANY PULP DRYING PROCESS
Communication No. 181 - Bright Canning Company Ltd. - The communication advises of
action taken to reduce complaints as a result of the firm's pulp dryinS process.
Mayor Thomson advised that a meeting has been scheduled for Wednesday,
October 1, 1980 at 4:00 p.m. at the site to discuss the matter. Officials of
the Ministry of the Environment will be present, as well as representatives
of the B.I.C. Agency, staff and the public,
ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler, that
the communication be received and filed. Carried Unanimously.
NOTEI. Alderman Craaskamp was absent when the vote
was taken on this matter.
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STATUS OF VARIOUS COUNCIL NATTERS
Report No. 512 - City Manager - The report provides information on the statu~
of various items referred by Council to staff for 'further action.
Mayor Thomson referred to a recent request for dtrectional signs to
the business area in Chippawa, and asked the status on this matter. The
Design & Construction Engineer indicated that the Region and the Niagara
Parks Conmission had been requested to erect signs on the entrances to
Chippawa under their Jurisdiction.
With respect to speed limit signs on the Welland River, it was advised
that the signs were being prepared and would be erected.
ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger,
that the report be received and filed. Carried Unanimously.
NOTE: Aldermen Chessman and Graaskamp were absent when
the vote was taken on this matter.
LOTTERY LICENCE FEES
Report No. 513 - City Manager - The report recommends that Council approve
the following schedule of fees for all types of lotteries, and passage of a
by-law to implement the fees: Raffle - Prizes to $1,000 - $10.00, Prizes '
$1,001 to $5,000 - $20.00; Series of Raffles - $2.00 per event; Bingo - $10.I,!
for single event; Series of Bingo - four nights - $5.00 per event; Three
month series of Bingo - $25.00; Series of Penny Bingo for three months - $12.~
Nevada Draw with Prize per Box of $600 - $5.00; and Bazaar - $5.00 per event,.~
Alderman Puttick stressed that the City was not trying to make money by
increasing the fees, only to recover the costs involved in administrating thel!
lottery licensing function. The Deputy City Clerk provided additional
information on the matter.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings, tL,~
the report be received and adopted. Carried Unanimously.
__ See By-law No.
NOTE:Alderman Grasskemp was absent when the vote
was taken on th~s matter.
COMMUNICATIONS
No. 181 - Ontario Hostelling Association - Re: Former Police Building. The
communication advises that the Association is unable to conscientiously prose:
with the offer to buy the former Police Station at present, and indicates t~
ORDERED on the motion derman Sobol, seconded ~y Alderman Hinsperger, t~
the communication be received and filed.. Carried Unanimously.
NOTE: Alderman Graaskamp was absent when the vote
was taken on this matter.
No. 182 - Regional Municipality of Niagara - Re: Portage Manor, Portage Road.
The communication comments on suggestions to eliminate the pedestrian hazard
to residents of Portage Manor.
Mayor Thomson provided additional information. in response to a question
raised by Alderman Marterr.
ORDERED on the motion of Alderman Fera, seconded by Alderman Schisler, that
the communication be received and filed. Carried Unanimously.
No. 183 - St. Cathariues Chamber of Commerce - Re: Repeal of Increases in
Treatment Imposed on Port, Sherry and Brandy. The communication requests
endorsement of a resolution pressing for the repeal of the increases in
treatment imposed upon port, sherry and brandy in the Federal budget.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Dilts, that
the resolution be endorsed. Carried Unanimously.
No. 184 - Ministry of Intergovernmental Affairs - Re: Area Meetings, Local
Boards of Health. The communication advises of area meetings to be held
during September and October to discuss public health service standards
which can be~ritten into the new Health Protection Aat with the objective
pf improving access to these services by residents of Ontario.
ORDERED on the' motion of Alderman Cummings, seconded by Alderman Dilts,
that the co~anunication be received and filed. garried Unanimously.
-5-
No. 185 - United Way of Niagara Falls - Re: United Way Month in Niagara
Falls. The communication requests that the period of October 1st - November
12, 1980, be proclaimed United Way Month.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett,
that the request be approved subject to the established policy on proclamations.
Carried Unanimously.
No. 186 - National Survival Institute - Re: Environment Week. The communication
requests that the week of October 12 - 18, 1980, be proclaimed as Environment
Week.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the
request be approved subject to the established policy on proclamations.
Carried Unanimously.
No. 187 - Mr. A. Drost - Re: Y.M.C.A. Tournament. The communication requests
permission of the City to erect a beer tent at Palmer Park on October 10, 11,
12 and 13, 1980 in conjunction with a tournament.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that
the request be approved subject to the established policy. Carried Unanimously.
No. 188 - Chamber of Commerce - Re: Gambling/Gaming Monitoring Committee.
The communication requests that a member of the Chamber be permitted to sit
ou the Gambling/Gaming Monitoring Committee.
Alderman Cummings pointed out that a great deal of work went into the
study that was prepared by the Social Planning Council, and those persons
on the Gambling/Gaming Monitoring Committee had been involved in this matter
for some time. The Alderman felt it might be more appropriate for the
.Chamber to submit any comments to the Committee, rather than appointing
a representative to sit on the Committee with little background knowledge.
Alderman Puttick suggested that the matter could be tabled, and the
Social Planning Council asked to comment on the request.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman,
that the matter be tabled pending comment from the Social Planning Council.
Carried Unanimously.
No. 189 - Mr. & Mrs. J. Eldred - Re: Walkway between Westwood Drive and Tad
Street. The communication requests that the City indicate the proper action
that can be taken to have the walkway removed, and in the meantime, that
immediate action be taken to have the fencing on the walkway extended all
the way to Tad Street.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that
the communication be referred to staff for the preparation of a report.
Carried Unanimously.
No. 190 - Sertoma Club of Niagara Falls - Re: International Marathon Run.
The communication requests permission to hold a Marathon Run between the
Skylos Tower and the Rainbow Bridge on'October 4, 1980.
Mayor Thomson provided additional information regarding the Sertoma
Club, which is an organization recently established in the area, whose
aim is service to man. The Mayor indicated that the Club is very strong
in the United States.
Reference was also made to the fact that little advance notice had
been given on the matter, and Alderman Cummings suggested that staff assist
the Club in making the necessary arrangements.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings,
that the request be approved subject to similar approvals being obtained
from the other authorities involved. Carried Unanimously.
REPORTS
No. 514 - Planning Director - Re: River Road Study Alternative Land Use
Concepts. The report recommends that the River Road Study Alternative Land
Use Concepts be received and copies forwarded to interested agencies, including
the Technical Committee for the Parking, Traffic and Tourism Study.
The City Solicitor informed Council that the solicitor for the developer
of the proposed motel on River Road between John Street and Phillip Street,
had requested that consideration of the report be deferred to a subsequent
meeting of Council.
ORDERED on the motion of Alderman Ninsperger, seconded by Alderman Cheesman
that consideration of the report be deferred to a subsequent meeting. Carried
~nanimously.. - ~
6
No. 515 - Recreation Commission - Re: Man-A-Mile Relay Race. The report
requests permission to arrange the annual Thauksgtving Day Man-A-Mile Race
on October 13, 1980 between St. Catharines and Niagara Falls.
ORDEEED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the request be approved. Carried Unanimously.
No. 516 - City Manager - Re: Availability of Surplus Regional Property, Windst
Crescent at Royal Manor Drive. The report recommends that the Regional
Municipality of Niagara be informed that the City has no interest in the purcb
of surplus Regional property located in the Royal'Manor Subdivision.
ORDERED on the motion of Adlerman Cheesman, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
No. 517 - City Manager - Re: Falls Industrial Park. The report recommends
approval of the lease of Lot 31, Registered Plan 243 from Paul O'Brien Electfi
Limited to Tony Wolsing and Lillian Wolsing, and that the Legal Department be
authorized to prepare the necessary documents.
ORDERED on the motion of Alderman 8chisler, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
No. 518 - City Manager - Re: Falls Industrial Park Extension. The report
recommends: 1) That Council authorize the sale of Lot 24, Plan M-67 to Mr.
Jack Schlau of Marquis Construction Ltd. at a price of $12,539.50 wich a
closing date for the sale of June 15, 1981; 2) That Council authorize the
sale of Lot 25, Plan M-67 to Mr. A1 Hoeper at a purchase price of $11,609.50
with a closing date for the sale of June 15, 1981; 3) That the Legal DepartmeL
be authorized to prepare the appropriate legal documents; and 4) That
construction of buildings on both lots commence not later than April 30, 1982.
Alderman Puttick felt that setting a closing date on ~he sale of the
property for June of 1981, would be t~ing up the property, in the event
another person wished to purchase the land prior'to that date with an earlier
closing.
The City Manager indicated that the firms would not be able to start
construction until 1982, but would like to have the lan~ reserved. If
another offer were to be mmde, the City Manager pointed out that there were
other vacant lots available for sale. In the event a serious offer on one
of the reserved lots was received, the people would have the choice of
purchasing immediately pr losing the reserve.
Alderman Puttick felt reserving the lots for such a long period of time
was saving the individuals interest charges so that they would not have to
build during the winter. The Alderman felt the policy on selling industrial
lands should be reviewed. ~
Alderman Chessman suggested the use of an escape clause that would
permit the City to accept a more reasonable offer. Alderman Sobel also
pointed out that if the City wants to attract industry, some concessions
have to be made.
Following further comment, it was moved by Alderman Sobel, seconded by
Alderman Dilts, that the report be received and adopted. The motion Carri.e~
with Alderman Puttick voting contrary, and all others.voting in layout.
No. 519 - City Manager - Re: Interior Painting, Provincial Court Building,
Peteraon's Workshop 'and Municipal Service Centre. The report recommends
that the quotation submitted by Metro Niagara Painters be accepted for paintie!
of designated areas within the subject buildings.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts that
the report '
be received and adopted. Carried Unanimously. .'
See Resolution
.No. 520 - City Manager
Season. The report recommends that the tender for supply and delivery of
winter sand, including the mixing of salt with sand, he awarded to Walker
Eros. Quarries Limited for the unit prices tendered.
The Maintenance &Operatione Engineer provided additional information
· en the type of material to be used in response tO a question raised by
· Alderman Dilts.
ORDEI~D on the motion of Aldermen Merrett~ seconded by Alderman Sobel, that
the report be received,and adopted. Carried Unanimously.
See Resolution
-7-
No. 521 - City Manager - Re: Supply of Clay Seal - Mountain Road Sanitary
'Landfill Site. The report recommends that the tender of Andres Bell Construction
Limited for the supply and delivery of clay seal to the Mountain Road Sanitary
Landfill Site at the unit price tendered be accepted, provided the material
offered is deemed acceptable for the intended purpose, and further that the
Director of Municipal Works be authorized to engage the services of Acres
Consulting Services Ltd. to determine whether the material offered as a clay
seal is satisfactory.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that
the report be received and adopted. The motion Carried with Alderman Cummings
abstaining on a conflict of interest, and all others voting in favour.
See Resolution No. 60
No. 522 - City Manager - Re: Crack Sealing Queen Street and Valley Way. The
report recommends that the Director of Municipal Works be authorized to engage
Road Savers Limited to seal cracks in the road surfaces on Queen Street from
Victoria Avenue to Ztmmerman Avenue and on Valley Way from Queen Street to
Morrison Street.
In response to a question raised by Alderman Merrett, the Maintenance
and Operations Engineer indicated that the work would be finished prior to
the Christmas shopping season in the Downtown.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman,
that 'the report be received and adopted. Carried Unanimously.
See Resolution No. 61
No. 523 - City Manager - Re: Contract S.S. 21-80, Storm Sewer Construction on
McLeod Road from the Conrail Drainage Channel to Drummond Road. The report
recommends acceptance of the unit prices submitted by Spadee Construction Co.
Ltd. for the subject contract.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 62
See By-law No. 80-182
No. 524 - City Manager - Re: Portage Road/Buchanan Avenue Intersection. The
report recommends that this intersection be referred to the Parking, Traffic
and Tourism Study for consideration of improvements.
ORDERED on the motion of Alderman Sobel, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 525 - City Manager - Re: Information Report - Items Referred to Staff.
The report advises: 1) A request has been forwarded to Niagara Falls Rydro
to erect street lighting at the intersection of Lyons Creek Road and Stanley
Avenue; 2) Overnight parking on St. Mary's Street - Police enforcement of
the by-law has remedied the problem according to a local resident; and
3) Parking on Drummond Road near Gallinger Street cross-over - The Regional
Police have been asked to enforce the parking prohibition in this vicinity.
With respect to the first item, Mayor Thomson advised that the lights
he had referred to were traffic lights. The Projects & Services Engineer
indicated that he would follow up on the request.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that the report be received and filed. Carried Unanimously.
No. 526 - City Manager -'Re: Intersection of St. Lawrence Avenue at Simcoe
Street. The.report recommends that no change be made at this intersection
to install a four-way stop.
ORDERED on the motion of Alderman Graaskamp,'seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 527 - City Manager - Re= Bus Stop on Queen Street. The report recommends
that no changes be made in bus stops on Queen Street at this time.
ORDHRED on the motion of Alderman Grasskemp, seconded by Alderman Merrett,
that the report be received and adopted. Carried Unanimously.
No. 528 - City Manager - Re: Bender Hill Railway Crossing. The report
recommends that the possibility of connecting Bender Hill to Palmet Avenue
he referred to'the Parking, Traffic and Tourism Study for examination.
In response to a question raised by Alderman Puttick, Mayor Thomson
advised that a petition had been submitted to Council several months earlier
'i
-8-
from businesses in the area, requesting that the crossing be opened. At
that time, Council referred the matter to staff to work out the costs and
then hold a public meeting with the area businesses to discuss the matter.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
No. 529 - City Manager - Re: Parking at Niagara South Arena. The report
recommends that adequate funds be considered in the 1981 budget for
additional parking at the Niagara South Arena, and the Area Recreation
Board be so advised.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Minsperger, that
the report be received and adopted. Carried Unanimously.
No. 530 - City Manager - Re: Signing to Niagara Falls Arena. The report
recommends that the Niagara Falls Flyera be advised the Ministry of
Transportation & Communications policies do not permit the type of signing
they have requested.
Alderman Sobel suggested that signs could be erected at the entrances
to the City indicating that Niagara Falls was the "Home of the Niagara Falls
Flyera". Alderman Cummings suggested that such a message could be put on
the welcome signs erected at the City entrances by service clubs. The
Alderman further suggested that the hockey club contact the service clubs
who arrange for placement of these signs.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger,
that the report be received and adopted, and further that the Niagara Falls
Flyera contact the local service clubs regarding placing a suitable message
on the welcome signs. Carried Unanimously.
No. 531 - City Manager - Re: Tender for Rental of SnOw Removal Equipment,
1980-81 Winter Season. The report recommends that the tenders submitted by
DiCon Contracting Limited and Montgomery Bros. Limited for the supply of
rental equipment for the purpose of snow removal during the 1980-81 winter
season be accepted; and further that the Director of Municipal Works be
authorized to obtain quotations from local contractors for the supply of
additional rental equipment to fill the desired complement of equipment
for snow removal during the 1980-81 winter season.
Mayor Thomson indicated that this situation was very serious, since
the City needed'additional equipment for snow removal.
In response to a question raised by Alderman Dilts, the Maintenance
and Operations Engineer indicated that the tender was advertised locally,
as well as tenders being sent directly to a number of persons who have
tendered in the past.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Minsperger,
that the report be received and adopted. Carried Unanimously.
See Resolution N0p
No. 532 - City Manager - Re: Uncollectible Taxes. The report recommends
that Council approve the striking off of the business tax accounts appended
hereto from the tax roll as these accounts have been determined to be
uncollectible.
Alderman Chessman pointed out that these accounts are business taxes as
opposed to property taxes, and they are not secured in the same manner as the
property taxes. The City has no option but to write the accounts off.
The City Treasurer provided additional information in response to a
number of questions raised. Aldermen Puttick and Schisler pointed out that
several of the businesses listed in the report had relocated elsewhere in
.the City. The City Treasurer indicated that he would appreciate receiving
any information as to the whereabouts of these individuals.
Aideman Cheesman also indicated that the fact the accounts are being
written off the tax rolls, did notstop the City from trying to collect the
outstanding taxes.
-j
-,- Following further conment, it was moved by Alderman Dilts, seconded by
.Alderman Cheesman, that the report be received and adopted. Carried
No. 533 - City Kanager - Re~. Municipal Accounts, The report recommends
of ~he municipal accotmts.
-9-
The City Manager and City Treasurer provided additional information
in response to questions raised on Cheques #7618, #7659, #7753, #7755,
#7765, #7785, #7815 and #7834, by Aldermen Cummings, Merrett, Puttick,
Schisler and Sobel.
ORDERED on the motion of Alderman b~ckenzie, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 534 - Finance Con~ittee - Re: Update of Storm Sewer Portion of 1968
Flood Control and Pollution Abatement Report. The report recommends that the
upset limit of the fees to be paid to the consulting engineering firm of
R.V. Anderson Associates Ltd. for the subject project be increased to
$86,500 (increase of $24,000 from original upset limit of $62,500) subject
to the City receiving a grant from C.M.H.C. in an anticipated amount of $40,404.
Alderman Puttick felt that Council should have a legal opinion from the
City Solicitor on whether or not the City was obligated to pay the additional
cost. The Alderman pointed out that if such practices occurred in all
municipalities, it could involve a great deal of money. Alderman Puttick
also commented that in private enterprise when one has an agreed price with
a person to perform a service for you, you don't have to pay any extra costs.
Alderman Chessman felt in most circumstances, Alderman Puttfck's comments
would apply, however there were extenuating circumstances in this case that
had to be considered. The Alderman pointed out that a delay had occurred in
having aerial plans prepared through no fault of the consultant; the City's
terms of reference had changed during the course of the study due to
additional information required by C.M.H.C. and the revisions in the urban
areas boundaries; and the importance placed on carrying out certain work in
Chippawa; and all these items as well as other factors had been responsible
for the additional costs. Since the additional work performed by the
consultant was required by the City in any event, Alderman Chessman felt the
City had no option but to adopt the recommendation.
In response to a question raised by Alderman Puttick, the Design and
Construction Engineer stated that this matter had not been brought to the
attention of Council previously, but had been considered by the Finance
Committee in March of 1980. The Design & Construction Engineer further
stated that no funds beyond the amount originally approved by Council had
been paid. With respect to the suggestion of obtaining a legal opinion,
· the Design & Construction Engineer felt that if such an opinion is requested
by Council, it should be considered in Committee of the Whole. The Design
and Construction Engineer also indicated that he was of the opinion the
account should be paid.
Following further comment, it was moved by Alderman Puttick, seconded
by Alderman Chessman, that the account not be paid, and further that a legal
opinion be obtained on the City's obligation to pay the account.
It was then moved by Alderman Chessman, seconded by Alderman Merrett,
that the report be tabled, and a further report obtained from the City
Solicitor on the City's legal position. The motion to.table, which took
precedence, Carried Unanimously.
No. 535 - City Manager - Re: Ali-HolmesClosed Circuit Fight, Niagara Falls
Memorial Arena. The report recommends that the City enter into an agreement
with Mr. Frank St. Louis regarding the All/Holmes fight on October 2, 1980,
based on a 50/50 profit split.
In response to a question raised by Alderman Puttick, the City Manager
indicated that in order to arrange for the closed circuit coverage of the
fight, it was necessary to have $15,000 front money paid. Since it was felt
the City should not be involved in any financial risk, the Promotion and
Facilities Co-ordinator had arranged with Mr. Frank St. Louis, a local
Promoters toeadvance the funds at his own risk. In order to obtain the
$15,000, it was necessary to enter into a profit sharing agreement with
Mr. St. Louis. The City Manager further indicated that calls were made
- to the members of Council to advise that several rental groups would be
losing time because of the fight, and also that coverage of the fight had
been arranged at no risk to the City. Alderman Puttick indicated that
he had not received a call on the matter, and in any event, he did noc like
~he way the whole thing was handled.
Alderman Cummings pointed out that the Promotion & Facilities Co-ordinator
had been hired to arranSe for such events, and indicated that he was pleased
- 10 -
that the event had been arranged at no financial risk to the City. In
response to a question raised by Alderman Cummings, the ,City Manager advised
that no commitments had been made for future fights at this time.
ORDERED on the motion of Alderman Fore, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
UNFINISHED BUSINESS - Con't..
PROPERTY STANDARDS
Report No. 427 - City Manager - The report provides information on a number
of properties on which the City is commencing proceedings under Property
Standards By-law 74-204.
Alderman Dilts thanked staff for the report, and commented that it
bothered him to think the City had to spend approximately $800 on each of
these properties to have them brought up to the minimum standard under the
By-law. The Alderman felt that Council should authorize staff to take
whatever legal steps necessary to have the properties cleaned up.
In response to a question raised by Alderman Merrett, the Building and
Development Co-ordinator indicated that when the City has to have a contractor
go in and clean up a property, that cost is charged back to the property owner.
The costs involved in the inspections, paper work and legal action, must be
absorbed by the City. Alderman Merrett suggested that the City consider
charging these property owners the legal costs involved. The Alderman also
commented that he received calls about animals other than dogs and cats being
kept in residential areas, and asked if the property standards by-law can
cover such matters. Mayor' Thomson advised that an at.tempt had been made at
one time to regulate the keeping of fowl, however due to the considerable
concern raised, the matter was dropped.
Alderman Fera asked how long it took on the average, to have properties
brought into compliance with the ByZlaw. The Building & Development Co-ordim:+
advised that including the inspections, letters, title searches and final
appeals set out under the by-law, it can take up to six'~onths.
Alderman Cheesman also felt the City should look into the possibility
of trying to recover the legal expenses involved in administering the provislc-~
of the By-law.
In response to a question raised by Alderman Schisler, the City Solicitor
advised that the City is required to make a complete search of the title of a
property and obtain information as to all persons who have an interest in the
property, either as owner or mortgagee. This information is updated as the
City proceeds through the stages. A routine search can be completed in a
week, however a difficult search could take two to three weeks. Alderman
Schisler stated that one of the properties he had received complaints on, had
been in the title search stage for some time. The City Solicitor asked the
Alderman to call him to check on the status of the matter.
Mayor Thomson felt that since the report had been prepared over a
month earlier, that an updated report should be brought in to Council. The
Mayor felt the report should contain information on whether it is anticipated
the property will be brought into conformity shortly, or if further action
is going to be required. It was also suggested that the names of the owners
of these properties be included in the report.
Alderman Puttick realized that there are some hardship cases, but in
the other cases, he could not uuderstand what type of person would let their
property deteriorate to such a condition that legal action had-to be taken
by the City. The Building & Development Co-ordinator stated that there are
a variety of reasons Siren in such cases, i~.e. financial problems, bankruptci~
etc~
FollowinS further comment, 'it was moved by Alderman Cheesman, seconded
by Alderman Mackenzie, that the report be received and filed, and that a furt~
report be prepared providing updated information on the properties involved,
as well as the names of the property owners. Carried Unanimously.
REVIEW OF CIVIC DEPARTMENT OPERATI_.O_NB
Report No. 536 - Mayor Thomson - The report is submitted to Council in respon5'
to comments by Alde~an Graaskamp in reapoct to a re-organizational study bel~
- 11 -
carried out by the City Manager and presently being studied by Council.
Mayor Thomson indicated that he had no choice but to bring the report
in to Council, to explain the previous public discussions that had taken place
with respect to the re-organization. The M~yor pointed out that it had been
announced one year earlier that the City ~hnager would undertake a review of
all civic departmental operations in an effort to more efficiently utilize
existing manpower. This review was considered as part of the guidelines
established for the office of City Manager. Mayor Thomson felt the report
clearly showed that he had not disclosed any confidential information, and
asked that members of Council decide whether or not any confidentiality or
oath of office had been breached.
Considerable discussion took place on this matter, during which time
various members of Council expressed their opinions on the question of whether
or not any breach of confidentiality or oath of office had occurred.
Alderman Graaskamp was of the opinion that Mayor Thomson had disclosed
information discussed in Committee of the Whole, after he had warued the members
of Council that he did not want the re-organization study to become an election
issue. The Alderman stressed the importance of keeping matters discussed in
Committee of the Whole confidential, for the best interests of the City.
Following a lengthy discussion, it was moved by Alderman Cheesman,
seconded by Alderman Fera, that the information be received and noted, and
further that Council has determined that Mayor Thomson has not breached
any confidentiality or his oath of office. The motion Carried.
RESOLUTIONS
No. 58 - CHEESMAN - DILTS - RESOLVED that the quotation submitted by Metro
Niagara Painters for the interior painting of designated areas within the
Provincial Court Building, Peterson's Workshop and the Municipal Service
Centre, be accepted at the total price of $5,318.00; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously
No. 59 - MERRETT - SOBOL - RESOLVED that the unit prices submitted by
Walker Bros. Quarries Limited for the supply and delivery of winter sand,
including the mixing of salt with this sand, be accepted at the tendered
amount of $42,940.00; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 60 - DILTS - HINSPERGER - RESOLVED that the unit prices submitted by
Andres Bell Construction Limited for the supply and delivery of clay seal to
.the Mountain Road Sanitary Landfill Site, be accepted at the tendered amount
of $7,200.00; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 61 - SCHISLER - CHEESMAN - RESOLVED that the unit price submitted by
Road Savers Limited for the sealing of cracks in the road surfaces of Queen
Street from Victoria Avenue to Zimmerman Avenue and on Valley Way from
Queen Street to Morrison Street, be accepted at the quoted price of
$0.199 per.lineal foot; AND the Seal of the Corporation be hereto affixed.
No. 62
Spadco
HcLeod
at the
hereto
Carried Unanimously
- DILT5 - HINSPERGER - RESOLVED that the unit prices submitted by
Construction Co. Limited for the construction of a storm sewer on
Road from the Conrail Drainage Channel to Drummond Road, be accepted
tendered price of $388,607.56; AND .the Seal of the Corporation be
affixed.
Carried Unanimously
No. 63 - MERRETT - HINSPERGER - RESOLVED that the following prices submitted
for the rental of snow removal equipment be accepted|
1) DiCon Contracting - $22.00 per hour for a four wheel drive
truck equipped with Plow.
2) Montgomery Brothers - $38.00 per hour for a rubber tired
front end loader.
; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
..... 12
- 12 -
BY-LAWS
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Dilts, tha:
leave be granted to introduce the following by-laws, and the by-laws be read'l
a first time: ~
No. 80-180.-
A By-law providing for the licensing of Charity or Religious
Organizations to conduct Bingo Lotteries, Raffle Lotteries or
Lottery Schemes held at Bazaars within the City of Niagara Falls.
No. 80-181 -
No. 80-182 --
A By-law to authorize an agreement wlth Fermino Susin regarding~~
Lot 25 according to Registered Plan No. 243 for the City of
Niagara Falls (Falls Industrial Park).
A By-law to authorize the execution of an agreement with Spadco
Construction Company Limited for the construction of a storm se~/
on McLeod Road from the Conrail Channel to Drummond Road.
No. 80-183 -
No. 80-184 -
A By-law to authorize a licence agreement with Frank St. Louis.
A By-law to provide monies for General Purposes.
Carried UnanimousZ
- 13 -
noted that St. Catharines would be having a new court house built, and
suggested that the Province be asked to comment on the possibility of
having new facilities erected in Niagara Falls. It was moved by Alderman
Puttick, seconded by Alderman Dilts, that staff obtain an update on the
status of the Province's plans to construct a new court house facility in
Niagara Falls. Carried Unanimously.
FINANCE COMMITTEE MEETINGS
Alderman Chessman advised members of Council that the meetings of the
Finance Committee had been changed to the second and fourth Wednesdays of
each month, starting at 5:00 p.m. The change was made so as not to conflict
with Planning & Development Committee meetings on the first and third
Wednesdays of the month.
PUBLIC MEETING - COMMUNITY SERVICES CONTRIBUTION PROGRAM
Mayor Thomson advised that a public meeting regarding projects to be
considered under the Community Services Contribution Program in the Maple
Area, would be held at the Public Library on September 30, 1980 at 7:30
p.m.
No. 80-180 -
No. 80-181 -
No. 80-182 -
No. 80-183,-
ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger, that~
the following by-laws be now read a second and third time:
A By-law providing for the licensing of Charity or Religious
Organizations to conduct Bingo Lotteries, Raffle Lotteries or ~ READ AND ADOPTED
Lottery Schemes held at Bazaars within the City of Niagara Falls~'
A By-law to authorize the execution of-~n agreement with Spadc0~
A By-la~ to authorize a licerice agreement with Frank St. Louis.
No. 80-184 -
A By-law to provide monies for General Purposes.
NEW BUSINESS
Carried Unanimou
PUBLIC NOTICES
It was moved by Alderman C,,mmtngs, seconded by Alderman Merrett, that
staff look into the possibility of issuing public notices explaining plans
and proposals by the City, and determine the method by which such notices
can be delivered to the public. The motion Carried with Alderman Chessman
voting contrary, and all others voting in fayour.
It was moved by Alderman Cheesman, seconded by Alderman Merrett, that
the meeting adjourn. Carried Unanimously.
MAYOR WAYNE THOMSON
SEASON TICKET SALES
Alderman Puttick expressed his surprise that only. four hundred and
thirty-three season tickets had been sold to date, when it had been indicatei
previously that close to six hundred had been sold. The City Manager
explained that previous figures given had included the number of tickets
requested by telephone, which had not actually been paid for as yet.
Alderman Puttick indicated that he had been embarrassed to learn the exact
figures, particularly after he had advised citizens the number of tickets
sold was over five hundred. The Alderman suggested that Council be advised"
on a weekly basis the number of season tickets sold.
PROVINCIAL COURT HOUSE BUILDING
Alderman Puttick referred to previous discussions held with Provincial
officials regarding the construction of a new court house facility in the
would
City, and indicated that it had been his understanding that the City
get a ne~ court house in addition to the ne~ police building. The Alderman
..... 13
THIRT%-SEVENTH MEETING
Council Chambers
October 6, 1980
Council met.on Monday, October 6, 1980, following a meeting of the General
Committee. All members of Council were present. His Worship, ~hyor Thomson
presided as Chairman.
REPORTS
.No. 537 - City Manager - Re: Crossing Guard at the Intersection of Woodgate
Street and Dorchester Road. The report recommends that the City Manager be
authorized to take the necessary steps to place a crossing guard on Dorchester
Road at Woodgate Street.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
No. 538 - City Manager - Re: Objection to By-iaw 79-200, Niagara South Federation
of Agriculture - Agricultural Code of Practice. The report recommends that all
information pertaining to the position of the Niagara South Federation of
Agriculture on the Agricultural Code of Practice be forwarded to the Ministry
of Housing as input in their review of the Code.
ORDERED on the motion of Alderman Minsperger, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
No. 539 - City Manager - Re: Annual Housing Review 1981. The report recommends
that the information contained therein be accepted for transmittal to the
Ministry of Housing.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
No. 540 - City Solicitor - Re: Region's Urban Areas Boundaries and Application
of the City of Thorold to Vary the Decision of the Ontario Municipal Board.
The report asks direction from Council on whether it supports, opposes or
takes no stand for or against the application of the City of Thorold to vary
the decieion of the Ontario Municipal Board, and whether the City should be
represented at the hearing of Thorold~s application on October 8, 1980.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings,
that the report be received and filed, further that Council take no stand
for or against the application of the City of Thorold to vary the decision
of the Ontario Municipal Board, and further that the City not be represented
at the hearing of Thorold's application on October 8, 1980. Carried Unanimously.
No. 541 - City Manager - Re: Site Plan Approval, Proposed Commercial Building
on Victoria Avenue (Southwest Corner of Victoria Avenue and Jepson Street). The
report recommends approval of the subject plan, subject to certain conditions.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
No. 542 - City Manager - Re: Site Plan Approval, Proposed Commercial BuildinK
on Drummond Road (East Side of Drummond Road North of WillJams Street). The
report recommends approval of the subject plan, subject to certain conditions.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
No. 543 - City Manager - Re: Contract S.S. 22-80, Storm Sewer Construction on
Stanley Avenue from McLeod Road to Dixon Street and Road Reconstruction and
Storm Sewer Construction on Roger Crescent. The report recommends acceptance
of the unit prices submitted by Demote Brothers Limited for the subject
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
See Resolution No. 64
RESOLUTION
No. 64 - RINSPERGER - CUMMINGS - RESOLVED that the unit prices submitted by
Demote Brothers Limited for the construction of a storm sewer on Stanley Avenue
from McLeod Road to Dixon Street and road reconstruction and storm sewer
construction on Roger Crescent, be accepted at the tendered price of
~388, 361.84; AND the Seal of the Corporation be hereto affixed.
Carried Unanimouslx
-2-
BY-LAW
ORDERED on the m~tion 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:
No..S0-1S5 - A By-law to authorize the execution of an agreement with Damore
Bros. Limited for storm sewer construction on Stanley Avenue
from McLeod Road to Dixon Street and road reconstruction and
storm sewer construction on Roger Crescent.
Carried Unanimousl~
ORDERED on the motion of Alderman Sobol, seconded by Alderman Merrett, that
the following by-law be now read a second and third time:
No. 80-185 - A By-law to authorize the execution of an agreement with Demote
Bros. Limited for storm sewer construction on Stanley Avenue
from McLeod Road to Dixon Street and road reconstruction and
storm sewer construction on Roger Crescent.
Carried Unanimousl~
NEW BUSINESS
Alderman Schisler advised that a citizen had received a letter requesting
payment of tax arrears on a piece of property she had not owned for five years.
The Alderman explained that the individual had contacted the Accounts Supervise
and advised him she no longer o~med the property, however a second letter was
sent out requesting payment. The City Manager indicated he would look into t~
matter.
INTERSECTION OF STANLEY AVENUE AND VALLEY WAY
Alderman Cummings asked if any response had been received from the Region
respecting the Cityfs request for the installation of t, emporary traffic lights
at the intersection of Stanley Avenue and Valley Way. Mayor Thomson indicated
that no reply had been received from the Region as yet.
EQUIPMENT FAILURE - CLOSED CIRCUIT TELEVISION COVERAGE
Alderman 'Craaskamp felt a message of apology should be extended to the
citizens of Niagara Falls who had artended the closed circuit television
coverage of the All/Holmes fight to be shown at the Niagara Falls Arena.
Due to equipment failure, the City was unable to show~the fight to the many
patrons who had artended.
Mayor Thomson agreed that it had been au unfortunate experience, particuI~
in view of the success of the City in selling tickets. The Mayor cominended
fans for their conduct, as well as the staff and police officials for their
courteous manner in dealing with the matter.
It was moved by Alderman Grasskemp, seconded by Alderman Dilte, that the
City publicly apologize for the inconvenience caused to the Arena patrons, and
further that a report be prepared outlining the causes of the failure and met~N
to be used to prevent a similar recurrence in the future. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE TMOMS
THIRTY-EIGHTH MEETING
Connnittee Room #1
October 14, 1980
COMMITTEE OF THE WHOLE
Council met on Tuesday, October 14, 1980 at 7:15 p.m. in Committee of
the Whole. All members of Council were present with the exception of
Alderman Orr. Alderman Graaskamp presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting. ~ ~,
READ AND ADOPTED,
j.L.'~~,'~7~
J~.L.'COLLINSON ~ITY CLERK
MAYOR WAYNE THOMSON
Council Chambers
October 14, 1980
Council met on Tuesday, October 14, 1980 at 7:40 p.m. for the purpose
of considering general business. All members of Council were present with
the exception of Alderman Orr. His Worship, Mayor Thomson presided as
Chairman. Alderman Cheesman offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Graaskamp pointed out that the word "Hydro" should be added to
the motion made on :Communication No. 180B of the September 29th, 1980 minutes.
ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger,
that the minutes of the meetings held on September 15th and September 29th,
1980, be adopted as corrected. Carried Unanimously.
, *
PRESENTATIONS
ACHIEVEMENT AWARDS - NIAGARA FALLS SPRINGETTES SOCCER TEAM
Mayor Thomson presented achievement awards to the Niagara Falls Springettes
Soccer Team in recognition of the team~s winning the Women's Ontario Cup in
Oshawa. Those present to accept awards were: Daniela Guerin, Joanne McKinley,
Mary Anna McKinley, Betty Dow, Carol Magda, Lori Georgieff, Ginny Janvary,
Debbie Ohlson, Susan Ohlson, Lisa Fantinel, Heather Ainslie, Margaret Ainslie,
Pat DiGirolamo (coach), Alert Janvary (assistant coach), and Joe Panetta (trainer).
Jennifer McKechnie, Debbie Neheli, Guen Crossman, Donna Mayer, Cheryl Medvesky
and MyrnaMartens were not in attendance to receive awards.
ME. GORDON SINGLETON
Mayor Thomson announced that Gordon Singleton had set three world records
at the Word Cycling Competition in Mexico City: Flying Start 500 m - 27.31
seconds; Flying Start 200 m - 10.58 seconds; and Standing Start 1 km amateur
record. On behalf of the Council and citizens of the City, Mayor Thomson
Presented Mr. Singleton with a silver tray bearing the inscription "Presented
to Gordon Singleton by the City of Niagara Falls in recognition of the
unprecedented feat of setting three world records in a 24-hour period at
the World Cycling Competitions - Mexico City - 1980".
UNFINISHED BUSINESS
RIVER ROAD STUDY
Report No. 514 - Planning Director - The report recommends that the River
Road Study Alternative Land Use Concepts be received and that copies be
forwarded to interested agencies, including the Technical Committee for the
Parking, Traffic and Tourlsm Study.
-2-
Mr. R.E. Jarvia was granted permission to address City Council on the
motion of Alderman Hinsperger, seconded by Alderman Fera. Mr. Jarvia advised
that he was solicitor for the owners of the proposed Niagara River Inn, whose
property will be affected by the River Road Study. Mr. Jarvia expressed his
appreciation to Council for the action taken at an earlier meeting in
deferring this matter, and suggested that the report should not be considered
by the Ontario Municipal Board at its hearing on October 15th since he
required time to study its contents. Mr. Jarvia further stated that the
consultants engaged by his firm had advised him of certain areas that had
been omitted from the study, as well as a number of deficiencies and errors.
Mr. Jarvia indicated that if Council wished to have staff investigate the
matter further, he would defer further comment.
Mayor Thomson advised that the Planning Department was agreeable to
having the Study referred back to staff for further consideration. It was
explained that the Study had been carried out by staff utilizing available
material and presented to the Planning & Development Committee and Council
for consideration.
In reply to a question raised by Alderman Cummings regarding the time
required for the re-examination of the study, the Planning Director stated
that he could not set a time frame since the advice of experts would be
required for an economic study.
Mr. A.F. Sheppard, solicitor for the Niagara Parks Commission, was grants
permission to address Council on the motion of Alderman Cummings, seconded
by Alderman Hinsperger. Mr. Sheppard expressed the opinion that since the
report had been presented to Council, it should be allowed to stand or
alternatively, if the report is to be returned to staff for study, then the
Ontario Municipal Board hearing on October 15th should 5e considered premature
Alderman Puttick questioned why Mr. Sheppard should object to Council's
desire to refer the study back to staff, since it was not a public document.
The Alderman felt that the report in its present form would be detrimental t0
the Niagara Parks Commission's case.
Mr. Jarvia commented that the hearing on this matter had been postponed
twice, the last time being in August when the Commission had retained Mr. SheF'.~
as its new solicitor. The adjournment had been agreed to conditional upon
hearing being re-scheduied to October and Mr. Sheppard being precluded from
requesting a further adjournment. Mr. Sheppard indicated that if the City
appeared before the Board without a policy on a particular issue, an unfair
burden would be placed on the Ontario Municipal Board.
Mayor Thomson stated that since professionals h~ve pointed out certain
discrepancies in the study which could not benefit the Municipality's case,
Council should refer the matter back to the Planning Department for further
study.
ORDERED on the motion of Alderman Fera, seconded by Alderman Sobol, that the
report be referred to the Planning Department for re-examination. Carried
Unanimously.
CONFIDENTIALITY OF COMMITTEE OF THE WHOLE
Report No. 544 - Alderman J. Grasskemp - The report recommends that the
information contained therein be Joined to the report by His Worship, Mayor
Thomson dated September 29, 1980.
ORDERED on the motion of Alderman Fera, seconded by Alderman Binsperger,
that the report be received and filed. Carried Unanimously.
PROPERTY STANDARDS
Report No. 545 - City Manager - The report provides additional information
with respect to properties on which orders to comply with Property Standards
By-law 74-204 had been issued, as well as a list of the names of the property
owners involved.
-3-
Alderman Puttick suggested that any recommendations made following the
study of the property standards system, should be forwarded to the Provincial
Government and the Association of Municipalities of Ontario.
Mr. C. Costa was granted permission to address Council on the motion of
Alderman Cummings, seconded by Alderman Cheesman. Mr. Costa informed Council
that he was the owner of 5723 McGrail Avenue, one of the properties listed
in the report. Mr. Costa further stated that although he would like to maintain
his property at the standard outlined in the by-law, however his tenants make
such efforts difficult. It was explained that one tenant had been asked to
leave because of his poor living standards.
Mayor Thomson questioned Mr. Costs a number of times as to how he had
been made aware the item was to be discussed by Council. Mr. Costa at length
replied that a person in his building had told him. In light of this
information, }hyor Thomson suggested that the Council should adjourn briefly
to Committee of the Whole.
Council reconvened in formal session following a brief meeting in
Committee of the Whole. Alderman Puttick commented that since the matter
had only been known to staff and members of Council in Committee of the
Whole prior to the meeting, the matter should have been confidential.
There would not have been time for someone to be advised of the matter's
presence on the agenda, nor for that person to come to the meeting in
time for the discussion without prior notification.
Following further comment, it was moved by Alderman Dilts, seconded
by Alderman Sobol, that staff continue to pursue this matter, using legal
assistance if required, and that a recommendation be forwarded to the City
Clerk when the ne Council takes office, that a committee be established
to study the property standards system to make recommendations to,the
Provincial Government and to the Association of Municipalities of Ontario.
The motion Carried with Alderman Graaskamp abstaining on a conflict of
interest, and all others present voting in favour.
NOTE: Aldermen Cheesman and Schisler were absent when the
vote was taken on this matter.
COMMUNICATION
No. 191 - City of Thorold - Re: Walker Brothers Quarries Study on the Proposed
Soliroc Process of Chemical Disposal. The communication advises that the City
of Thorold will ask all municipalities in the Region affected by the proposal
to become involved in the investigation along with Thorold, and that a copy of
the report being prepared by Dr. Finlay will be sent to each municipality when
available.
Mayor Thomson informed Council that he will be attending a meeting on
October 23rd in Thorold on this matter, and would be pleased to relay any
comments the Council might have.
Alderman Dilts stated that the matter was of major concern to those
industries in the area which require a disposal site. Alderman Cummings
expressed the concern felt by some people that the Thorold tunnel was unsafe
and should not be used as a route. The Alderman also indicated that he
was not in fayour of the site being located in Niagara Falls.
Alderman Cheesman suggested that all the facts in connection with the
Proposal should be assimilated before proceeding with a decision on the
matter. Alderman Sobol, who represents City Council on a special committee
studying this matter, indicated that the Thorold Tunnel had been recognized
as a possible hazard, and would not be used as a traffic route.
ORDERED on the motion of Alderman Pnttick, seconded by Alderman Fera, that
the communication be received and filed. Carried Unanimously.
Alderman Dilts expressed approval that staff was pursuing this matter.
REPORTS
In response to a question raised by Alderman Dilts, the Building & Development~
'Co-ordinator stated that the administrative costs involved in processing such No. 546 - Planning Director Re: Official Plan Amendment No. 120 and Zoning
matters could not be recovered from the property owners. The length of time Y '
required for action under the by-law varies, depending on the co-operation 0f knendment Application AM-IO/80, Saks Furniture Ltd. The report recommends
Devel0 that approval of an amendment to the Official Plan and a change in zoning to
the owners, and whether or not legal action is taken. The Building & termit the first phase of development proposed by Saks Furniture Limited on
Co-ordinator suggested that a review of the entire property standards the southwest corner of NcLeod Road and Canadian Drive.
system
· would be wise, with a view to lmprove the system. "
..............
-4 -
- 5-
Members of Council discussed the proposed move of Saks Furniture Limited No. 196 - Mrs. W. Borelli, Niagara Falls Block Parents - Re: Block Parent
which is required because of the firm's need for larger parking facilities an! Week. The communication requests that City Council declare the week of
store area, as well as the need to draw customers from a larger area. Alders October 19 - 25th as Block Parent Week in Niagara Falls.
Cheesman questioned the computation of non-department store space referring , ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings,
to a paragraph in the letter from the Downtown Board of Management, which that the request be approved subject to established policy. Carried UnanimouslZ.
indicated that the Saks proposal would not be replacing lost footage, but
adding on more vacant space to the over-built space already in existence. No. 197 - Association of Municipalities of Ontario - Re: Community Services
The Planning Director stated that this fact had been pointed out to the Contribution Program. The communication requests that City Council support
Planning & Development Committee when the topic was considered, and no contrar the Association's concern over the possible withdrawal of the Federal
input was received from Mr. A. Crate, the City's consultant on commercial Government from the Community Services Contribution Program.
development. ORDERED on the motion of Alderman Schisler, seconded by Alderman Hinsperger,
that Council support the position taken by the Association and notify the
Alderman Puttick questioned certain information in the report regarding 'appropriate Federal officials. Carried Unanimously.
the Region's approval of the proposed rezoning, providing the by-law limited
the first stage to 40,000 sq. ft. as supported by the market study. Alderman No. 198 - Mr. A.A. MacBain, M.P. - Re: Helicopters. The communication
Merrett, a member of the Downtown Board of Management, indicated that the expresses opposition to the transfer of licence from Niagara Helicopters to
market study had been provided by the applicant. The Alderman also pointed Pan-Air Helicopters, and advises that a request has been made to the
out that Mr. Saks has eliminated some of his own floor space, and thirdly Minister of Transport to be kept advised of any further action on the matter.
that the outlet was for furniture sales and not a large department store. ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman,
Alderman Graaskamp felt that a modern furniture store requires loading that the communication be received and filed. Carried Unanimously.
ramps and other facilities not available Downtown, but which are available No. 199 - Regional Municipality of Niagara - Re: Study of the Supply and
in the outlying areas of the City. Alderman Sobol suggested that such a Demand for Sand and Gravel in the Niagara Region. The communication includes
large scale store could draw business from all over the Region. While information collected in the Regional Sand and Gravel Study and requests the
parking in the Downtown is sufficient at present, such an operation would assistance of local municipalities in assembling further information for the
require s large area of land to facilitate the store and parking, and study.
this type of property is not available Downtown. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett,
that staff be authorized to assist the Region in assembling information for
Following further comment, it was moved by Alderman Dilts, seconded the study. Carried Unanimously.
by Alderman Fera, that the report be received and adopted. Carried Unanimousl
No. 200 - Niagara Transit - Re: Financial Position. The communication reports
Bee Resolution N0.~ that the Commission experienced a surplus month in August in the amount of
See By-laws 80-18!~ $16,658.00 and the Commission's deficit for the first eight months of 1980.
By-law 80-187 ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the
communication be received and filed. Carried UnanimouSly.
No. 547 - City Manager - Re: Closing and Sale of CorfMd Street. The report
recommends passage of a by-law to authorize an amendment to By-law No. 80-120 No. 201 - Niagara Transit - Re: Pedestrian Crossovers (Crosswalks). The
being a by-law to authorize the sale and conveyance of the closed part of communication requests that the City pass a by-law to designate pedestrian
Corfield Street. crossovers on public highways under its jurisdiction.
ORDERED on the motion Qf Alderman Sobol, seconded by AldermanMackenzie, that
the report be received and adopted. Carried Unanimously. During the discussion which followed, concern was expressed that
See By-law No. 8~ pedestrian crosswalks might create a false feeling of safety which could
COMMUNICATIONS result in serious accidents.
~ Areas mentioned as possible locations for pedestrian crossovers were
No. 192 - Volunteer Bureau - Re: Community Awareness Month Activities. The
communication invites members of Council to attend a Wine & Cheese evening , senior citizen housing. The Director of Municipal Works informed Council
on November 27, 1980.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, tha: ~ . ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that
as many members of Council as possible attend the function. Carried Unanim0~ the communication be referred to staff for the preparation of a report.
' Carried Unanimously.
No. 193 - Jeux Canada Games '81 - Re: Request for Financial Assistance. The ~. ~
communication solicits moral and financial support for the 1981 Jeux Canada
Summer Games Society.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Mackenzie, '~ parking in the downtown area for a Mammoth Flea Market being arranged for
that the request be referred to the Finance Committee and Recreation Commiss~
for consideration. Carried Unanimously.
No. 194 - Niagara Falls Family Y.M.C.A. - Re: Oktoberfest Fun .Run. The
communication requests permission to use a portion of Stanley Avenue and !~ No. 203 - Mrs. D. Foster - Re: Corner of St. James Street and St. John Street.
Cotfield Street in the route of the Oktoberfest Fun Run to he-held on
October 20, 1980. ~. St. James and St. John Streets.
ORDERED on the motion of Alderman Merrett~ seconded by Alderman Cunmings,
the request be approved subject to similar approvals being received from otbe:~ communication be referred to staff for the preparation of a report. Carried
authorities involved. Carried Unanimously. J~ Unanimously,
No. 195 - Hinistry of Transportation & Communications - Re: Enforcement of
Municipal Bridge Weight By-laws under Section 77 of the Highway Traffic Act,
The communication advises that the following requirements must be met in
·
order to enforce municipal bridge weight restrictions: 1) Signing as requtre~ ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that
by the Highway Traffic Act be in place and ~omply with the pertinent Ontario the communication be referred to staff and the Regional Municipality of Niagara
regulations in the Act; 2) The Municipal by-law establishing the LFor the preparation of a report. Carried Unanimously.
restriction
be approved by the Ministry and be available to enforcement personnel; and
3) That weigh scales be available within a reasonable distance. .6
ORDERED on the motion of Alderman Cummings seconded by Alderman Fete, that
the communication be received and filed. ~arried Unanimously.
-6-
No. 205 - Canadian Ohio Brass - Re: M.O.E. Plan to Ban Landfill Disposal
for Untreated Liquid Industrial Wastes. The communication states that
the company will continue to require a landfill site which will dispose
of solid waste and liquid clay slip waste, and requests support of the
City to ensure a disposal facility.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the communication be referred to the Landfill Site Committee for
consideration. Carried Unanimously,
REPORTS
No. 548 - City Manager - ReL Official Plan Amendment No. 97, Surplus M.T.C.
Lands Northwest Corner of Lundy's Lane and Q.E.W. The report recommends that
the modifications proposed by the Ministry of Housing to amendment No. 97 of
the Official Plan for the Niagara Falls Planning Area, be endorsed by Council
and that the Ministry be advised accordingly.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Puttick, tha~
the report be received and adopted. Carried Unanimously.
No. 549 - City Manager - Re: Street Name Changes. The report recommends:
1) That Council not agree to consider the N.R.T.A. request of having street
name signs with one official name for regional roads (with two or more names)
with the unofficial street name beneath; 2) That Council authorize staff to
replace the street name sign "Redmond Heights" with the original name sign
"Bellevue Terrace"; and 3) That Council authorize staff te prepare a draft
by-law amending the legal description of Kinsmen Court to exclude the Can-Eng
property and to include the following proposed street name changes - Burdett~
Drive to Burdette Drive East, Morrison Street to Fingland Street, Murie Stre~z
to Don Murie Street and Portage Road (between Murray and Buchanan/Oakes) to
Nain, Street.
Council was advised that a number of the changes have already been
implemented, and others will be made shortly.
ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
No. 550 - City Clerk - Re: AM-3/80, By-law No. 80-122, Galco Holdings Ltd.
The report recommends that the date of the scheduled Ontario Municipal Board
Hearing with respect to the subject by-law, of November 12, 1980 at 11:00
a.m. in the City Hall Council Chambers, be noted.
ORDERED on the motion ~f Alderman Merrett, seconded by Alderman Cummings, tha:
the report be received and filed. C~rried Unanimously.
No. 551 - City Manager - Re: Encroachment at 4607 Nelson Crescent. The
report recommends that the application to permit the~continuation of an
encroachment of the porch and steps of a building on the Nelson Crescent
road allowance be approved, and passage of the appropriate by-law.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 552 - City Manager - Re: Lot 8, Falls Industrial Park Extension. The
report recommends that the City Council approve of a Request for Reserve
Mr. DhanraJ Shirhora on Lot 8, Plan M-67 until December 31, 1980.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman,
that the report be received and adopted. Carried Unanimously.
No. 553 - City Manager - Re: Licenee to Occupy and Use Ontario Hydro Lands,
South Side of Welland River. The report recommends passage of a by-law
authorizing the City to enter into a license agreement with O~tario Hydro
the use of lands known as "J. Cummings" Lot, R.P. 1 for the purposes of a
municipal parking facility.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger,
the report be received and adopted. Carried Unanimously.
See By-law No.
No. 554 - City Manager - Rel Encroachment - Motel and Appurtenances on
Municipal Property. The report recommends that Council approve in principle
the closing and conveyance of 7~ feet of a municipal laneway immediately
adjoining Lots 146, 147 and 148, Plan 29 for the City of Niagara Falls, now
known as Plan 294, and further that the City enter into an agreement to allow
certain encroachments on Ontario Avenue.
ORDERED on the motion of Alderman 8obol, seconded by Alderman Hinaperger, the:
the report be received and adopted. Carried Unanimously.
- 7-
No. 555 - City Manager - Re: Release of Sewer Easement, Pt. Lots 160 and 173,
Ranges 1, 2, 3, 4, 5 and 6, Plan of the Falls Company Lands. The report
recommends passage of a by-law authorizing the Mayor and Clerk to execute a
release of easement respecting the above referenced lands.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
See By-law 80-194
No. 556 - City Manager - Re: Exempcion of Lot 7 on Zimmerman Avenue from
Part Lot Control. The report recommends passage of a by-law exempting Lot
7, Plans 999 and 1000 from part lot control, and that any costs arising
from the registration of the by-law, following its approval by the Region,
be paid by the applicant.
ORDERED on the motion of Alderman Fera, seconded by Alderman }~ckenzie, that
the report be received and adopted. Carried Unanimously.
See By-law No. 80-188
No. 557 - City Manager - Re: Contract F.C. 23-80, Supply and Installation of
Fences and Backstops. The report recommends that the unit prices submitted by
Frost Steel and Wire Company be accepted by Council.
Alderman Dilts stated that he would like the locations of the fences and
backstops listed in future, particularly when such a large amount of money was
involved.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
See By-law No. 80-193
No. 558 - City Manager - Re: 1980 Capital Budget Projects. The report
recommends passage of by-laws authorizing construction of a storm sewer on
Brooks Street, and watermains on Stanley Avenue and Thorold Stone Road.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
See By-laws 80-190,
80-191 and 80-192
No. 495 - City Manager - Re: Drainage Complaint, Mrs. Rodgers at 6763 Wilinger
Street. The report recommends that staff advise Mrs. Rodgers of 6763 Wilinger
Street that a solution to her drainage problem is for her to arrange for the
construction of the necessary swale to a nearby existing catchbasin.
Mayor Thomson reported that Mrs. Rodgers had called him today and
indicated that she is not in favour of the recommendation. The Mayor advised
that Mrs. Rodgets would like to meet with staff to discuss this matter further.
Alderman Dilts informed Council that he has been involved in the matter and
because of the nature of the drainage construction, the cost involved might
be too high for Mrs. Rodgers and others involved. Alderman Sobol felt that
the other neighhours of Mrs. Rodgers who are also involved with this situation
should be considered.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Schisler, that
the report be referred to the Drainage Committee and staff for consideration.
Carried Unanimously.
No. 559 - Drainage Committee - Re: Drainage Problem on Cartier Drive. The
report recommends that the City contribute an amount of $700.00 towards the
construction on private property which has been carried out by residents
to resolve a drainage problem in the neighbourhood of Carrier Drive, Champlain
Drive and Mackenzie Drive; and that the City~s contribution be charged to
private rear lot drainage account #642.
Alderman Dilts provided additional information on the matter.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Merrett, that
the report be received and-adopted. Carried Unanimously.
No. 560 - City Manager - Re: Building & Development Report for September.
The report provides current news relative to permit statistics and development
Proposals for the month of September, 1980.
ORDERED on the motion of Alderman Graaskamp, seconded by Alderman Fera, that
the report be received and filed. Carried Unanimously.
No. ~6t - City Manager - Re: Oakes Park Soccer Field Underground Sprinkling
gystem. The report recommends that ~rainger Irrigation be awarded the contract
for the installation of an underground sprinkler system on the Oakes Park
soccer fie~d.
-g _
Alderman Dilts informed Council that half the sprinklers have been
installed and the funds are gone. The Alderman felt this work should have
been done in the Spring.
Council discussed the various tenders received. The Director of
Municipal Works advised that the low price included materials and the
cost of installation. The firm also provided a one year guarantee on quality
of materials and workmanship with a sliding scale for materials to be
replaced for seven years.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett,
that the report be received and adopted. Carried Unanimously.
No. 562 - Finance Committee - Re: Forms Handling Equipment for Data Processing
The report recommends that the City purchase a 3600 Series Forms Processor
from Moore Business Forms at a price of $14,350 plus P.S.T.
The City Treasurer informed Council that the equipment will mean a
saving of at least $8800 per year in both payroll and data processing costs.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 563 - Finance Conunittee - Re: Seminar on Collection Strategies and
Techniques. The report recommends that one member of 'the Finance Department
attend the seminar on collection strategies and techniques.
The City Treasurer provided additional information in response to a
question raised by Alderman Sobol.
ORDERED on the motion of Alderman Hinaperger, seconded by Alderman Dilts,
that the report be received and adopted. Carried Unanimously.
No. 564 - City Manager - Re: Tile Drainage Act Loan, Application of Wayne
DeYoung. The report recommends passage of a resolution approving an
application of Wayne DeYoung Farms for a loan under The Tile Drainage Act,
1971, to construct tile drainage works on his property located in that section
of the City which was formerly the Township of Crowland.
ORDERED on the motion of Alderman Schisler, seconded by-Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
No. 565 - City Manager - Re: Municipal Accounts. The report recommends
payment of the municipa% accounts.
In response to a question raised by Alderman Cummings, the City Treasurer
indicated that he would investigate Cheque #8035 for the purchase of parking
meter keys, before making payment.
ORDERED on the motion of Alderman Schisler, seconded by Aideman Mackenzie,
that the report be received and adopted. Carried Unanimously.
No. 566 - City Manager - Re: Community Services Contribution Program -
Maple Area - Development Plan. The report recommends approval of projects
to be carried out under the Community Services Contribution Program for
the Maple Area.
Alderman Cummings suggested that in the future, the Social Planning
Council be asked to provide input into community programs since they have
proven to be a valuable asset.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
No. 567 - Finance Committee - Re: Policy on Requests for Contributions to
Disaster Funds. The report recommends: 1) That the Province of Ontario be
requested to review its criteria respecting the granting of f.inancial assista~m
to municipalities having experienced disasters so that not only natural
~isasters but also some types of non-natural disasters be considered suitable
'for Provincial assistance; 2) That the Province be requested to assume the
responsibility for co-ordinating Province-wide appeals being made by
municipalities having experienced disasters; and 3) That the City of Niagara
Falls place in its annual operating budget a nominal sum for municipal
disaster relief and that each such appeal as received be dealt with on its
.Iownmerits.
Alderman Chessman informed Council that this matter was discussed fully
should take a strong leadership role in this regard.
at the last meeting of the Finance Con~nittee and it was felt that the province
-9 -
Alderman Cummings stated that he did not agree with the third
recommendation since the City was already contributing through the Province.
The Alderman further stated that he was not in agreement with setting money
aside for this purpose, although contributions could be made if so desired.
Alderman Cummings felt that money set aside for this purpose could be hard
to administer.
Alderman Chessman advised that the smaller the community, the more
likely it will require contributions.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that
the report be received and adopted. Carried with Alderman Cummings voting
contrary, and all others voting in favour.
No. 568 - Finance Committee - Re: Contributions to Capital Budget Projects.
The report recommends that the 1981-82 City Council include amounts of
$700,000 and $150,000 in the 1981 Operating Budget as contributions to
Capital Budget projects in the General Fund and the Water Department respectively.
It was further suggested that the new Council consider a further increase in
these amounts for the 1982 Operating Budget to offset rising inflation costs.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
No. 569 - Finance Committee - Re: Combined Sewer Repairs - Account #6-483-1
and Private Sewer Lateral Repairs - Account #6-483-2. The report recommends:
1) That funds included in the major sewer repair account number 11608, for
the CNR combined sewer repairs be reallocated to cover cost overruns in the
combined sewer repair account number 6-483-1 and private sewer lateral repairs
account number 6-483-2; and 2) That staff give further consideration and submit
proposals for consideration in the I981 budget review for additional monies
that may be required to resolve the CNR combined sewer problem.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
No. 570 - City Manager - Re: Ontario Housing Corporation Policies. The report
recommends that the resolution of the City of Waterloo regarding the residency
requirements for accommodations in assisted rental housing be not endorsed.
The City Treasurer informed members of Council that City staff is working
on a program using a point system which is uniform throughout the Province. It
was also stated that the Ontario Association of Housing Authorities endorsed
the Peterborough resolution that the Ministry of Housing put the residency
regulations back in place while the local Authority was not prepared to go
along with the resolution. The residency requirement that some municipalities
imposed has now been removed by the Ministry of Housing.
Alderman Merrett expressed concern over the effect of the residency
requirement on local people.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Graaskamp,
that the report be received and adopted. The motion Carried with Aldermen
Marrett and Mackenzie voting contrary, and all others voting in fayour.
PETITION
Con~unication No. 206 - R.T. Salci Real Estate - The petition objects to odours
from the new pulp drying procedure at the Brighits Canning Factory.
Mayor Thomson indicated that he had also received a letter of complaint
from Walker Diggon Construction Ltd. regarding the operation, and suggested
that they both be referred to the Ministry of the Environment.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger, that
the matter be. referred to .the Ministry of theEnvironment. Carried Unanim~
RESOLUTIONS
No. 65 - CHEESMAN - CUIfi~INGS - RESOLVED that whereas an application for loan
under ttle Tile Drainage Act, 1971 has been received from Mr. Wayne DeYoung
DeYoung Farms, owner of property in that section of the City which was
formerly the Township of Crowland;
AND WHEREAS an inspection of the works proposed by Mr. DeYoung has been carried
out by Mr. Ben Redekop, O.L.S., the Inspector of Drainage for the City of
NIagara Falls, and he has confirmed that sufficient outlet facilities are
available;
NOW THEREFOKE BE IT RESOLVED that the application of Mr. Wayne DeYoun for a
loan in an amount not to exceed $9,600 to construct tile drainage works on his
Property as described in the application dated April 18, 1979 be approved;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
- 10 -
No. 66 - DILTS - FERA - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 80-187 for the rezonin.
of lands on the south side of Canadian Drive and west of Montrose Road, will'
conform to Official Plan Amendment No. 28 of the Niagara Falls Planning Area
once Amendment No. 120 is approved by the Minister of Housing; AND the Seal
of the Corporation be hereto affixed.
Carried Unanimous~
No. 67 - CHEESMAN - SCHISLER - RESOLVED that the contract price submitted by
Frost Steel & Wire Co. Limited for the supply and installation of fences and
backstops, be accepted at the total price of $30,346.00; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimous'
No. 68 - CUMMINGS - MERRETT - RESOLVED that the quotation submitted by Grainj
Irrigation for the supply and installation of an underground sprinkler syste~1
on the Oakes Park soccer field, be accepted at the quoted price of $8,850;
the Seal of the Corporation be hereto affixed.
Carried Unanimous]~
No. 69 - CUI~INGS - DILTS - RESOLVED that a message of condolence be sent
to the family of the late Mr. George Monaghan Senior, a former employee of
be hereto affixed.
Carried
ORDERED on the motion of
that leave be granted to
read a first time:
BY-LAWS
Alderman Cummings, seconded by Alderman Schieler,
introduce the following by-laws, and the by-laws be
provide for the adoption of an amendment to the Offia~
Niagara Falls Planning Area. (No. 120, Sake Furnitun ~
No. 80-186 - A By-law to
Plan of the
A By-law to amend By-law No. 79-200 of ~ City of Niagara Falls
and By-law No. 2530, 1960 of the former Township of Stamford, n~
in the City of Niagara Falls. (AM-iO/80, Saks Furniture)
No. 80-187 -
No. 80-188 - A By-law.to designate certain land not to be subject to part
control.
No. 80-189 -
No. 80-190 -
No. 80-191 -
A By-law to authorize a licerice agreement with Ontario Hydro. ~
A By-law to authorize the construction bf a storm sewermain asa
improvement and extension to the sewage system in the Urban Setr~
areas of the City. (Brooks Street) ~'
A By-law to authorize the construction of a watermain as an
improvement to the water supply system in the Urban Service Are'l~
of the City. (Thorold Stone Road) ~
A By-law to authorize the construction of a watermain as an
improvement to the water supply system in the Urban Service Are~
of the City. (Stanley Avenue)
No. 80-192 -
No. 80-193 -
No. 80-194 -
,No. 80-195 -
Company Limited for the supply and t e n cks[
in the City of Niagara Falls, .
A By-law to authorize the release of a sewer easement.
A By-law to allow the maintaining and using of a building which
encroaches on Nelson Crescent.
A By-law to amend By-law No. 80-120 being a By-law to authoriz~
the sale and conveyance of the closed part of Cotfield Street.
No. 80-196 -
~.. No, 80-197 - A By-law to provide monies for general purposes,
Carried
RD on the motion of Alderman Fera, seconded by Alderman Cheesman, that
L now read a second and third ttmez
!!i he followin8 b~-laws.be ..... 11
- 11 -
No. 80-186 - A By-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Falls Planning Area. (No. 120, Saks Furniture)
No. 80-187 - A By-law to amend By-law No. 79-200 of the City of Niagara Falls
and By-law No. 2530, 1960 of the former Township of Stamford, now
in the City of Niagara Falls. (~M-IO/80, Saks Furniture)
No. 80-188 - A By-law to designate certain land not to be subject to part lot
control.
No. 80-189 - A By-law to authorize a licence agreement with Ontario Hydro.
No. 80-190 - A By-law to authorize the construction of a storm sewermain as an
improvement and extension to the sewage system in the Urban Service
Areas of the City. (Brooks Street).
No. 80-191 - A By-law to authorize the construction of a watermain as an
improvement to the water supply system in the Urban Service Areas
of the City. (Thorold Stone Road)
No. 80-192 - A By-law to authorize the construction of a watermain as an
improvement to the water supply system in the Urban Service Areas
of the City. (Stanley Avenue)
No. 80-193 - A By-law to authorize an agreement with Frost Steel and Wire
Company Limited for the supply and erection of fences and backstops
in the City of Niagara Falls.
No. 80-194 - A By-law to authorize the release of a sewer easement.
No. 80-195 - A By-law to allow the maintaining and using of a building which
encroaches on Nelson Crescent.
No. 80-196 - A By-law to amend By-law No. 80-120 being a By-law to authorize
the sale and conveyance of the closed part of Corfield Street.
No. 80-197 - A By-law to provide monies for general purposes.
Carried Unanimously
NEW BUSINESS
UNITED NATIONS ASSOCIATION - PEACE WEEK
A communication was presented from the United Nations Association asking
that Council endorse a proclamation for Peace Week to be held October 24 - 30,
1980, and extends an invitation to the Mayor and members of Council to attend
the annual United Nations Day Dinner to be held on Friday October 24, 1980.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that
the request be approved subject to the established policy on proclamations.
Carried Unanimously.
D~MOLITION OR TRANSFER OF NIAGARA ROAD 108 (PORTAGE ROAD) BRIDGE OVER THE
BEPC CANAL
A communication was received from the Regional Municipality of Niagara
providing information on demolition costs for the Portage Road bridge over
the HEPC Canal.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that the matter be referred to the Finance Committee for consideration.
Carried Unanimously.
SCHEDULE OF COUNCIL MEETINGS
Report No. 571 - City Clerk - The report recommends that the following schedule
of meetings be adopted for the months of October and November, 1980: October 27
- regular meeting; November 17 - regular meeting; and November 24 - regular
meeting.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that
thc report be received and adopted, Carried Unanimously.
R.V. ANDERSON SEWER STUDY UPDATE
In reply to a question raised by Alderman Puttick regarding the additional
fee submitted by R,V, Anderson for the update of the storm sewer portion of
..... 12
- 12 -
the 1968 Flood Control and Pollution Abatement Report, the Director of
Municipal Works advised that the Solicitor had been involved in Ontario
Municipal Board hearings for several weeks, and it had not been possible
to have a report prepared for Council. It was hoped that information
would be available by October 27, 1980.
LAND DIVISION COMMITTEE APPLICATION B-290/80
It was moved by Alderman Merrett, seconded by Alderman Cheesman, that
the City Solicitor be directed to advise the Ontario Municipal Board that
the City is withdrawing its appeal from the decision of the Land Division
Committee on Application B-290/80. Carried Unanimously.
PERSONNEL COMPLEMENT
Alderman Graaskamp stated that he had collected facts and figures from
the Personnel and Building Departments of the City. According to the Buildin
Department records, total units for which building permits were issued in
1976 were 1055, however in 1979 the figure was down to 270 and 174 in 1980.
During this period of time, the total personnel complement for the City was
1977 - 456, 1978- 447, and in 1979 - 445. It was pointed out by the Alderma
that these figures showed that personnel employed by the City remained
constant although economic activity had been reduced considerably. Alderman
Graaekamp suggested that staff be reduced by attrition and any future hirings
should be reviewed by Council.
Aldermen Cummings and Puttick retired from the meeting.
The City Manager produced information showing that there had been
reductions in staff and efforts had been made to keep part time employees
down to a minimum. The City Manager further explained that a report had
been submitted to Council prior to Alderman Graaskamp becoming a member,
which reviewed the system of replacing all employees. It was stressed that
the complement of a department is continually reviewed, and each time a
vacancy occurs, the position must be Justified at three separate levels.
With respect to building permits, the City Manager inefcated that although
the new housing units being constructed are decreasing, staff are now
involved in new functions being undertaken by the City.
The Director of Municipal Works advised that while development in the
City was down, his department was now trying to catch up on work that could
not be carried out during buslet times. This procedure had previously been
explained to Council.
Alderman Herrerr suggested that Alderman Graaskamp should investigate
past actions of Council and staff, commenting that it was unfair for someone
to suggest reducing staff when each of the budget gave a breakdown in staff
complement.
Alderman Cheesman suggested that in comparison with businesses closing
plants to cut costs, the City could not close sewers, streets and stop snow,.
The City has obligations to meet and the matter of required personnel has
been discussed many times. In order to do a fair comparison study, it would
have been necessary to go back ten years.
VOLUNTEER BUREAU - COMMUNITY AWARENESS MONTH FLYER
Mayor Thomson advised of a request received from the Volunteer Bureau
for financial assistance In printing a flyer promoting Community Awareness
Month. It was advised that the flyera will be circulated through City school';
and businessegg and approximately 15,000 copies would be required.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Sobol, that
the promotional flyer be printed in the City's print shop, with the City
absorbing the costs. Carried Unanimously.
GLOBE AND Mall ARTICLE
Mayor Thomson expressed his appreciation to Mr. Paul Wilson of the
· 1 Niagara Falls Review, for preparing the article on the tourist industry in
'-Niagara Falls, which had been printed in the Globe and Mail.
i
- 13 -
It was moved by Alderman Sobol, seconded by Alderman Fera, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
coLLx sS ' 61 'cns x' ' .....
~YOR WAYNE THOMSON
THIRTY-NINTH MEETING
Committee Room #1
October 27, 1980
COMMITTEE OF THE WHOLE
Council met on Monday, October 27, 1980 at 6:45 p.m. in Committee of the
Whole. All members of Council were present with the exception of Alderman Orr.
Alderman Hiesperger presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
READ AND ADOPTED,
L. COL] DN, CITY CLERK
· ·; 7~ .
MAYOR WAYNE THOMSON
Council Chambers
October 27, 1980
Council met on Monday, October 27, 1980 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 Thomson presided as Chairman.
Alderman Cummings offered the Opening Prayer.
MOMENT OF SILENCE
His Worship, MAyor Thomson requested members of Council and those persons
present to Join with him in a moment of silent tribute in the memory of one of
the City's most respected and beloved residents, Miss Judy LaMarsh, who passed
away earlier in the day.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fera, seconded by Alderman Hinsperger,
that the minutes of the meetings held on September 22nd, October 6th and 14th,
1980, be adopted as printed. Carried Unanimously.
UNFINISHED BUSINESS
INTERSECTION OF STANLEY AVENUE AND VALLEY WAY
Communication No. 206 - Regional Municipality of Niagara - The communication
advises that the City's request regarding improvements at the subject intersection,
has been referred to Regional Roadways Division staff for appropriate action,
to meet with City staff to further explore possible temporary solutions.
The communication further indicates that in the 1981 budget, monies will be
allocated for a traffic signal at the intersection as soon as the alignment
has been changed.
Alderman Cummings felt that improvements at this intersection must be
considered a high priority item, and requested that he be kept advised of
any information available on the matter at both the City and Regional level.
The Director of Municipal Works advised that a meeting had been arranged
early the next day with Regional staff, the owner of the small plaza on the
corner and those members of Council who had expressed an interest in attending.
In response to a question raised by Alderman Puttick, the Director of Municipal
Works indicated that the City had received a letter from the owner of the plaza
stating that he wished to carry on with the site plan for the project as it
had been approved. It was indicated that this matter would also be discussed
at the meeting.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Minsperger,
that the communication be referred to the scheduled meeting for discussion.
Carried Unanimously.
g j
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GROUP HONES STUDY - STATUS REPORT
Report No. 572 - City Manager - The report advises that comments of the
Region on the subject matter will be presented to the Planning & Development
Committee for possible incorporation with the City's report.
The Planning Director provided additional information in response to
a question raised by Alderman Puttick.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Cheesman, that
the report be received and filed. Carried Unanimously.
COMMUNICATIONS
No. 207 - Regional Municipality of Niagara - Re: Group Homes in Residential
Neighbourhoods. The communication requests the comments of area municipalitie
on the Regional study carried out on group homes in residential neighbourhoods
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the communication be referred to Planning staff for examination and report.
Carried Unanimously.
No. 208 - Messrs. C. Beamer, Wm. Lawson and W.R. Clark - Re: Traffic in the
Bakrer/Corwin/Spence/Carlton/Franklin Area. The communication requests the
assistance of the City in resolving various traffic problems in the subject
area.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that
the communication be referred to staff for the preparation of a report.
Carried Unanimously.
No. 209A- Niagara Regional Historical Council - Re: Lundy's Lane Battlefield.
The communication urges the City to take steps to have an agency such as Parks
Canada to undertake proper interpretation of an event of national significance
and make use of the battlefield site appropriately.
AND
No. 209B - Ontario Historical Society - Re: Lundy's Lane Battlefield. The
communication offers the support of the Society in having the battlefield
site preserved for its historical significance. --
Alderman Graaskamp felt the City should contact the various historical
organizations to see whether something can be done to have more input from
the Federal and Provincial Governments in order to preserve the historical
significance of the area. The Alderman also felt that efforts should be
made to obtain monies to acquire property in the area.
Mayor Thomson pointed out that the Local Architectural Conservation
Advisory Committee was taking steps to have property in the area designated
under the Ontario Heritage Act, and commented that while higher levels of
government had not shown an interest in preserving the site, at least the
City was taking action.
Alderman Cummings felt the City should discuss the matter with the
local historical groups to obtain their comments before any further approaches
are made to the Federal Government.
Following further comment, it was moved by Alderman Cummings, seconded
by Alderman Merrett that local groups indicating an interest in the matter be
contacted and that a plan of action be formulated at that time. Carried
Unanimously.
No. 210 - Ministry of the Environment - Re' Study on Location and Identificatl
r u tif 1 s s
and a parallel study on those sites now closed which have been reported to
~eceived industrial waste.
The Director of Municipal Works provided additional information in
response to a number of questions raised.
Alderman Puttick expressed concern regarding the cost of carrying out
,such a study, particularly since many previous disposal sites had used
'as a means of disposal.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that
the communication be received and filed. Carried Unanimously.
No. 211 - City of Thorold - Re: Walker Bros. Quarries Chemical Waste Disposal
Proposal. The communication encloses a copy of the report prepared by
T
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Dr. G. Finlay on the SOLIROC process for the solidification of liquid
inorganic industrial wastes.
Mayor Thomson advised that he had artended a public meeting in Thorold
sponsored by the Better Understanding Committee regarding the Walker Brothers
proposal. The Mayor stated that a number of items discussed at the meeting
had concerned him, Particularly since the proposal was to be located within
the boundaries of Niagara Falls. The Mayor felt the Council should take a
stand on the matter prior to the Ministry of Environment hearing, and suggested
that it might be beneficial to the Council to have representatives of the
Better Understanding Committee make a Presentation. Reference was made to
a W-5 television programme shown recently on the Walker Brothers site, and
the Mayor indicated that the Province might be withdrawing its support of
the proposal due to concerns raised after the programme had been shown.
Alderman Puttick felt that Council should withhold any support of the
proposal in the future because the firm had not been completely open with the
City. The Alderman indicated that he had been shocked by the contents of the
television programme, Particularly after the firm had stressed the precautionary
measures that would be taken on the site as part of the proposal.
Aldemnan Cheesman indicated that he had contacted the Ministry of the
Environment to determine the nature of their withdrawal of support. The
Alderman advised that the Ministry was still in favour of the SOLIROC process,
however because of the allegations made in the W-5 programme, support of the
Walker Brothers site had been withdrawn. The Ministry may re-submit the
proposal somewhere else in the Province or possibly even with Walker Brothers.
The Alderman cautioned Council to separate the two issues - the SOLIROC
process and Walker Brothers' record.
Alderman 'Mackenzie suggested that a video recording of the W-5 programme
also be obtained and shown at the meeting when the Better Understanding Committee
was to make a presentation. ;
Following furthar comment, it was moved by Alderman Cheesman, seconded
by Alderman Fera, that the Better Understanding Committee be invited to make
a presentation to City Council, that the report on the SOLIROC process prepared
by Dr. Finlay be referred to staff for assessment, and further that an effort
be made to obtain a video recording of the W-5 Programme on the Walker Brothers
.site. Carried Unanimously.
No. 212 - Regional Municipality of Niagara - Re: Intersection of Lyons Creek
Road and Stanley Avenue. The communication advises that according to traffic
counts taken, there is an insufficient volume of traffic to warrant traffic
signals at the subject intersection.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that
the communication be received and filed. Carried Unanimously.
No. 213 - Mr, D. Maida - Re: Youth Appreciation Week. The communication requests
that the week of November 10 - 16, 1980, be proclaimed Youth Appreciation Week.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett, that
the request be approved subject to the established policy on proclamations.
Carried Unanimously.
No. 214 - Kinsmen Club of Niagara Falls - Re: Special Occasion Permit. The
communication requests approval of the City for the Club, in conjunction with
the Niagara Falls Optimists and Lions Club, to sell alcoholic beverages at
the closed circuit television coverage of the Leonard/Duran fight at the
Niagara Falls Arena on November 25, 1980.
Report No. 573 - City Manager - Re: Closed Circuit Telecast of Duran/Leonard
Fight. The report recomnends that the City of Niagara Falls enter into a
licence agreement with Frank St. Louis for the use of the Niagara Falls Memorial
Arena for the closed circuit telecast of the Roberto Duran/Sugar Ray Leonard
boxing match on a no-risk financial basis for November 25, 1980.
Alderman Cummings felt that the City should be promoting and sponsoring
such events instead of having another individual share in the profits. The
ilderman also suggested that the City could operate the liquor concession and
generate even more revenue than will be realized euder the proposed arrangement.
:The City Solicitor advised that the City should limit its activity to
entering into an agreement for the use of the Arena, and not become involved
in the promotion or liquor sales business. It was further advised that
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there is a limit to the powers of the municipality, and the City Solicitor
felt the City should not become involved in the promotion of fights.
In response to a question raised by Alderman Puttick, the City Manager
advised that season ticket sales for Niagara Falls Flyers hockey games had
not quite reached 450. While this amount was not as high as originally hoped,
it was pointed out that at the same time in 1979, less than 200 tickets had
been sold. The 1,000 ticket figure previously mentioned had only been set
as a goal, and the City Manager stated that the City had made no written
commitment to sell that number of tickets.
Mayor Thomson suggested that the City Solicitor prepare a written report
outlining his reasons for recommending against the City's involvement in the
promotion of such events. Both Aldermen Fera and Merrett felt the City
should not be risking taxpayers dollars in promoting such events.
Alderman Cummings suggested that the City Solicitor check into the
situation in Sault Ste. Marie, where the City had operated a beer garden
within the confines of the municipal arena.
Alderman Graaskamp suggested that the price of the tickets be scaled
down so that more people could afford to attend these events.
Following further comment, it was moved by Alderman Merrett, seconded by
Alderman Dilts, that the report be received and adopted, and a further report
prepared on the legality of the City sponsoring and promoting such events.
The motion Carried with Alderman Cummings voting contrary, and all others
voting in favour.
With respect to the special occasion permit, Mayor Thomson indicated
that there had been a number of problems involved with the concession operatee
at the last event. The Mayor felt there should be a committee set up to
ensure that the concession is operated on a more professional basis.
It was then moved by Alderman Dilts, seconded by Alderman Sobol, that
the request be approved subject to the established policy, and further that
a committee be established to work with the groups involved in the operation
of the liquor concession. The motion Carried with Alderman Cummings voting
contrary, and all others voting in favour.
No. 215 - Downtown Busihess Association - Re: Free Parking - Downtown. The
communication requests that all on-street and lot parking in the Downtown be }"
after 3:00 p.m. Monday to Friday and all day on Saturday, from Thursday
November 13 to Saturday December 27, 1980.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger,
that the request be approved. Carried Unanimously,
REPORTS'
No. 574 - Plannin~g & Development Committee - Re: Zoning Amendment Application:
AM-29/79, M. & T. Corak, 4924 Second Avenue. The report recommends that the
application be approved and that Council certify by resolution that the
application conforms to Official Plan Amendment No. 28 of the Niagara Falls
Planning Area.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fare, that the
report be received and adopted. Carried Unanimously.
See Resolution No
See By-law No.~
No. 575 - City Manager - Re: Former Desson Subdivision. The report recommend~
that the Subdivisions Branch of the Ministry of Rousing be advised that the
City concurs with a one year extension of draft plan approval to December
'19, 1981 in respect to the above subdivision.
~ORDERED on the motion of Alderman Merrett, seconded by Alderman Fare, that t~
report be received and adopted. Carried Unanimously.
No. 576 - City Manager - Re: Augurusa Subdivision. The report recommends thaa
the Subdivisions Branch of the Ministry of Housing be advised that the City
concurs with a one year extension of draft plan approval to November 22, 198]
in respect to the above subdivision.
'ORDERED on the motion of Alderman Merrett~ seconded by Alderman Fare, that
report be received and adopted. Carried Unanimously.
No. 577 - City Manager - Rez Rainbow CaTdens Subdivision.
The report reco~
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that the Subdivisions Branch of the Ministry of Housing be advised that the
City concurs with a one year extension of draft plan approval to December 10,
1981, in respect to the Rainbow Gardens Subdivision.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimous]X'
No. 578 - City Manager - Re: Request for Extension of Agreement - Foxhead Inn -
City of Niagara Falls - Biblical Wax Museum Ltd. The report recommends that
the request of Arthur White, President of Biblical Wax Museum Ltd. to extend
the subject agreement for building encroachments, be extended to October 31st,
1981.
Alderman Sobol asked if there had been any indication given that future
extensions of the agreement would not be required. The City Manager indicated
that the two firms involved in negotiations were nearing agreement, and
further extensions might not be necessary.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
No. 579 - City Manager - Re: Closing of Ray Avenue. The report recommends:
1) Passage of a by-law authorizing an agreement with G. & G. Astorino and J.
Piazza respecting the sale of Ray Avenue as shown on R.P. 108, for the former
Township of Stamford; 2) Passage of a by-law authorizing an application for
the closing of Ray Avenue; and 3) Passage of a resolution authorizing an
application to the Minister of Housing for consent to an Order being made
amending R.F. 108 for the former Township of Stamford.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 71
See By-law No. 80-199
and 80-200
No. 580 - City Manager - Re: Encroachment - Harriett Crawford Huet~ 4607
Nelson Crescent. The report recommends passage of a by-law to authorize an
amendment to By-law 80-195, being a by-law to allow the maintaining and
using of a building which encroaches on Nelson Crescent.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Graaskamp, that
the report be received and adopted. Carried Unanimously.
See By-law No. 80-201
No. 581 - City Manager - Re: Lots 9 & 10, Falls Industrial Park Extension. The
report recommends approval of a Request for Reserve from Mr. Anthony Rufrano of
Cataract Metal on Lots 9 and 10, Plan M-67, until December 31, 1980.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 582 - City Manager - Re: Falls Industrial Park - Lot 31, R.P. 243. The
report recommends passage of a by-law to authorize an agreement between the
City and Tony and Lillian Wolsing respecting Lot 31, Falls Industrial Park.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that th~ report be received and adopted. Carried Unanimously.
See By-law No. 80-202
No. 583 - City Manager - Re: Exchange of Land between the City and the Greater
Niagara Transit Commission. The report recommends passage of a by-law to provide
for the subject land transfer.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
See By-law No. 8q-203
No. 584 - City Manager - Re: Proposed Closing and Sale of the Westerly 33' of
Smith Avenue. The report recommends passage of a by-law to authorize an agreement
with Mr. & Mrs. C. Martignago respecting the closing and sale of a portion of
Smith Avenue.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
See By-law No. 80-204
No. 585 - City Manager - Re: Ryerson Market Park, The report recommends approval
of the purchase of 45~6 and 4501 Ellis Street.
ORDERED on the motion of Alderman Herrerr, seconded by Alderman Hinsperger, that
the report be received and adopted. The motion Carried with Alderman Grasskemp
voting contrary, and all others voting in favour.
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No. 586 - City Manager - Re: Transfer of Licence Agreement - Sophia Street
Road Allowance. The report recommends approval of the transfer of a Licence
Agreement from Mr. William Thomas to his two sons, namely Dr. Glyn William
Thomas and William James Thomas.
ORDERED on the motion of Alderman Minsperger, seconded by Alderman Merrett,
that the report be received and adopted. Carried Unanimously.
No. 587 - City Manager - Re: Ratification of Committee of the Whole Item -
Sale of Former Police Building. The report recommends that Council ratify
the decision reached at a Committee of the Whole session held on October 14,
1980, in approving the sale of the former Police Building to the Niagara
Regional Real Estate Association for a sum of $33,000.00.
The City Clerk provided additional information in response to a question
raised by Alderman Puttick.
ORDERED on the motxon of A~derman Cheesman, seconded by Alderman Fera, that
the report be received and adopted. The motion Carried with Alderman MackenzL
abstaining on a conflict of interest, and all others voting in favour.
No. 588 - City Manager - Re: Supply and Installation of Drapes. The report
recommends that the quotation submitted by Falls Interior for the supply and
installation of drapes for the remainder of the second floor and all of the
main floor in the City Hall, be accepted.
In response to a question raised by Alderman Puttick, the City Manager
indicated that the drapes will replace existing drapes which are over nine
years old.
ORDERED on the motion of Alderman Fare, seconded by Alderman Sobol, that the
report be received and adopted. Carried Unanimously.
See Resolution N0,
No. 589 - City Manager - Re: Tender for Supply of Winter Sand, 1980-81 Winter
Season. The report recommends that that the report on this subject presented
to City Council on September 29, 1980, be modified as follows: 1) The tender
for supply and delivery of winter sand be awarded to Walker Bros. Quarries
Limited for the unit price tendered by this company; an~'2) The tender for
mixing salt with this sand be awarded to D.L. Stephens Contracting Limited
for the unit price tendered.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that
the report be received apd adopted. Carried Unanimously.
No. 590 - City Manager - Re: Contract W.I. 19-80, Watermain Installations on
River Road from Bridge Street to Queen Street and from Ellis Street to Hiram
Street. The report recommends that the unit prices submitted by Baldasaro
and MacGregor Limited for the subject contract, be accdpted.
In response to a question raised by Alderman Graaskamp, the City Manager
advised that no storm sewers are planned for this area of River Road within
the foreseeable future.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts that
the report be received and adopted. Carried Unanimously. '
See Resolution
See By-law No. 80
No. 591 - City Manager - Re: 1980 Tree Planting Program, Contract T.P. 24-80.
The report recommends that the unit rates submitted by Gauld Nursery for the
supply and planting of t~ee8, be accepted.
In response to a question raised by Alderman Fera, the Director of
Municipal Works explained that tenders for the tree planting contract were
advertised, however only one tender was received. This tender. was
considered to be reasonable as compared to the previous yearts price.
Alderman Dilts stated that he would like future reports to include
the number and location of trees to be planted. The Director of Municipal
Works advised that the tender was for the supply of two hundred and thirty
two tress. As far as location of trees was concerned, it was advised that
many of the trees were replacements or for planting in new subdivisions,
~naking it difficult to outline exact locations.
Alderman Puttick asked if any of the trees being purchased will be used
to replace trees vandalized at Prince Charles Park. The Director of Munici
Works indicated that he understood these trees had been re-planted. It was
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further indicated that throughout the City, vandalism costs relating to
trees was not high, and for that reason, the trees were re-planted.
Following further comment, it was moved by Alderman Sobol, seconded
by Alderman Merrett, that the report be received and adopted. Carried
Unanimously.
See Resolution No. 74
S_e.e By-law No. 8p-20_6
No. 592 - City Manager - Re: Intersection Control. The report recommends that
by-laws be'~repared td provide for the installation of a stop sign on Otter
Street at Ontario Avenue and a yield sign on Niven Street at its intersection
with Brookdale Drive.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
No. 593 - City Manager - Re: Pedestrian Cross-Overs. The report recommends
that the R~ggion be requested to re-examine their existing policies concerning
pedestrian cross-overs.
Alderman Graaskamp felt the Region should be asked to initiate the
requested cross-overs as a pilot project in Niagara Falls in order to assess
their effectiveness for future applications.
Alderman Merrett stated that this matter had been discussed at great
length by the Parking Committee. It was the feeling of the Committee that
the City should meet with the Region to determine whether such cross-overs
could be used in Niagara Falls.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
No. 594 - City Manager - Re: Parking on Portage Road. The report recommends
that the Region be requested to prohibit parking on the east side ~f Portage
Road from Kitchener Street southerly, to include one additional metered space.
The Projects & Services Engineer provided additional information in
response to a number of questions raised.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
No. 595 - City Manager - Re: Tenders for Lawn Mowers. The report recommends
that the tenders submitted by Ridgeway Farm Equipment Co. Ltd., Garrison Power
Equipment and Pinder's Lawn & Leisure, for the supply of lawn mowers.
The Projects & Services Engineer advised that the tender being accepted
for the five heavy duty 25" power mowers was not the lowest price received.
The lowest price received was for equipment that did not meet specifications.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 75
No. 596 - City Manager - Re: Drummond Park Village Subdivision Phase I - Placement
of Base Asphalt. The report recommends that the request of Group Two Developments
to accept prices negotiated with Steed & Evans Ltd. for the placement of base
asphalt for the above subdivision be approved by Council.
Alderman Sobol asked why this work could not be postponed until the
Spring of 1981. The Director of Municipal Works indicated that if the roads
are in this year, they will be available for use in the Spring for any building
construction taking place. If the road construction is not carried out in 1980,
the roads will not be there in the Spring for use, since the asphalt plants
do not open until May 1st.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dtlts, that
the report be received and adopted. Carried Unanimously.
No. 597 - City Manager - Re: Connection Charge for Regional Watermains. The
report recommends that the Regional Municipality of Niagara be informed that
the City has no objection to the proposed Regional policy contained in Report
DEP-1414 which would allow the Region to charge an amount of $500.00 for each
connection to be made to an existing Regional watermain for existing
development.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
-8-
No. 598 - City Manager - Re: Keith Street Petition for Curbs and Gutters.
The report reconm~ends that the petition to construct curbs and gutters on
both sides of Keith Street from Portage Road to the C.N.R. right-of-way
with the cost charged to the general rate, be denied and the petitioners
advised that curb & gutter construction may be undertaken under the
Local Improvement Act.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
No. 599 - Finance Conmittee - Re: Nine Month Statement of Revenue and
Expenditure. The report submits information on revenues and expenditures
for tax supported services, the water supply system and parking fund for
the nine month period ending September 30, 1980.
The City Treasurer provided additional information regarding expenditures
on the City float and for interest charges in response to questions raised.
Alderman Dilts requested that the payroll fringe benefit costs be
broken down into the different departments to provide a more complete picture
on the cost of operating the different departments. The City Treasurer
advised that the fringe benefit costs could be determined by calculating
roughly 30% of the payroll costs in each department.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Herrerr,
that the report be received and filed. Carried Unanimously.
No. 600 - City Manager - Re: 1980 Capital Budget Projects. The report
recommends passage of seven capital works by-laws respecting road reconstruct~t
sanitary and storm sewer construction, bridge reconstruction and Local
Improvement construction.
The Director of Municipal Works provided a brief explanation of the
projects to be carried out. In response to a question raised by Alderman
Herrerr concerning Local Improvements, the Director of Municipal Works
advised that the same procedure for notification as used in the past would
be followed for the 1980 Local Improvements. Each individual affected will
be assessed for his share of the cost of the works, and-an opportunity is
provided for these individuals to object to the works. The Director of
Municipal Works further advised that the notices will be clearly worded so
that the property owners involved should be able to understand them.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Schisler,
that the report be received and adopted. Carried Unanimously.
See By-laws 80-207.:-
80-208, 80-209, 8~
80-211, 80-218 and~
80-219
No. 601 - Finance Committee - Re: Registered Property 78-4, Part Lot 842, Plan
195, 5660 Desson Street. The report recommends that the subject property be
conveyed.to the Falls Region Credit Union Limited in accordance with Section
53(1) of the Department of Municipal Affairs Act and subject to the approval
the }~nistry of Intergovernmental Affairs and passage of the appropriate
ORDERED on the motion of Alderman Sobol, seconded by Aldel~an Hinsperger,
that the report he received and adopted. Carried Unanimously.
See By-law No.
No. 602 - Mayor Thomson - Re: Ontario Home Renewal Program. The report
that the City has received a cheque in the amount of $58,218.29 from the
of Ontario representing the second advance of the 1980-81 per capita Provinci~
grant under the Ontario Rome Renewal Program.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings,
the report be received and adopted, Carried Unanimously.
No. 603 - Loan Review Committee - Re: Applications for Assistance. The'repor~
recommends approval of eleven applications for assistance received under the
Ontario Home Renewal Program.
ORDERED on the motion of Aldemman Chessman, seconded by Alderman Fern, that
~he report be received and adopted, Carried Unanimously.
No. 604 - City Mana~e~ - Re: Municipal Accounts, The report recoa~ends paymeI
of the municipal accounts.
The City Treasurer provided additional information regarding the payment
gr.,Snts to various organizations, and Cheques ~8345, 8369, 8383 and 8505
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in response to questions raised by Alderman Merrett, Schisler, Sobol and
Hinsperger.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
No. 605 - Finance Committe~ _ Re: Niagara Falls Arena - Architectural Contract.
The report recommends that the City enter into an agreement with D.N. Chapman
Associates for architectural plans for the addition and renovation to the
Niagara Falls Arena providing for architectural fees up to $25,000.
Alderman Puttick felt that the matter should be tabled until the 1981-82
Council takes office in the event the new Council does not wish to proceed
with the project. The Building & Development Co-ordinator explained that the
project must be completed by the Fall of 1981, and in order to meet this deadline,
tenders must be called in January of 1981. Complete plans will be required
for the tender call, and these plans could not be prepared in time if the
architect is not retained until the new Council takes office.
Alderman Cummings pointed out that if Council does not proceed now, the
City would not qualify for the expenditure later regardless of whether the new
Council wished to proceed. The Alderman commented that this major project will
be constructed at a cost to the City of 25¢ on the dollar. Although the other
75¢ contributed by the Federal and Provincial Governments is also taxpayers'
dollars, if the City does not use it, it will be spent elsewhere.
Alderman Fern commented that for the majority of projects, the Chapman
firm is retained as architect. The Alderman asked if this type of work is ever
tendered. Mayor Thomson advised that usually submissions are requested from
various firms as opposed to following the tender procedure. In this particular
case, Chapman's firm had prepared the preliminary plans for the City, and it
was only logical that the firm be asked to prepare the final drawings.
Mayor Thomson suggested that the City could proceed on the basis that the
new Council will make a decision as soon as possible on whether or not to
undertake the project. If the new Council does not intend to proceed, the
architect could he told at that time.
Alderman Herrerr pointed out that the fee that would be paid to the
architect was minimal compared to the cost of the whole project. If the City
-does not proceed at this time, the whole grant could be lost.
Following further comment, it was moved by Alderman Chessman, seconded
by Alderman Hinsperger, that the report be received and adopted. The motion
~arried with Alderman Puttick and 8chisler voting contrary, and all others
voting in fayour.
See By-iaw No. 80-215
No. 606 - City Manager - Re: Seminar on Rail and Highway Hazardous Materials.
The report advises that due to the success of a seminar hosted by the Niagara
Palls Fire Department on rail and highway hazardous materials, a second seminar
has been planned for the spring of 1981.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that
the report be received and filed. Carried Unanimously.
No. 607 - City Manager - Re: C.S.C.P. Maple Area - Redevelopment Plan Approval.
The report recommends passage of a by-law adopting the Redevelopment Plan for
the Maple Area, and that the Plan be forwarded to the Province.
Alderman Sobol asked if the boundary for the Maple Area could be extended
to include the intersection of Stanley Avenue and Valley Way, so that the cost
of re-aliSning the intersection could be funded under the Program. The Projects
and Services Engineer stated that only a small portion of the intersection was
included within the Maple Area, and the work that could be done for that portion
was minimal. As far as changing the boundaries, it was advised that there is
no Possibility of extending the neighbourhood at this time.
The City Manager and Director of Municipal Works provided additional
information regarding approval of the Plan by the Province and installation
of underground services, in response to questions raised by Aldermen Craaskamp
and Puttick.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
See By-law No. 80~2.16
- 10 -
RESOLUTIONS
No. 70 - SOBOL - FERA - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 80-198 for the rezoning
of 4924 Second Avenue, conforms to Official Plan Amendment No. 28 of the
Niagara Falls Planning Area as amended and approved by the Minister of
Housing; AND the Seal of the Corporation be hereto affixed.
Carried Unanimousl-I
No. 71 - SOBOL - MERRETT - RESOLVED that pursuant to subsection 4 of section
86 of The Registry Act R.S.O. 1970, Chapter 409 as amended, the Minister of
Housing be requested to consent to an Order being made amending the plan of
subdivision registered in the Registry Office for the Registry Division of
the County of Welland, .now Niagara South, on the 3rd day of August, 1950 as
Plan No. 108 for the former Township of Stamford by permanently closing Ray
Avenue as shown on the said plan; AND the Seal of the Corporation be hereto
affixed.
Carried Unanimousl7
No. 72 - FERA - SOBOL - RESOLVED that the tender submitted by Falls Interiors
for the supply and installation of drapes for a part of the second floor and
all of the main floor of the City Hall, be accepted at the quoted price of
$4,898.33; AND the Seal of the Corporation be hereto affixed.
Carried Unanimousl!
No. 73 - CHEESMAN - DILTS - RESOLVED that the unit prices submitted by Baldass:
and MacGregor for the installation of watermains on River Road from Hiram Strei
to Ellis Street and from Bridge Street to Queen Street, be accepted at the
tendered price of $340,224.00; AND the Seal of the Corporation be hereto
affixed.
Carried Unanimousl}
No. 74 - SOBOL - MERRETT - RESOLVED that the contract price submitted by Gaula
Nurseries for the 1980 tree planting program, be accepted at the tendered prici
of $6,304.50; AND the Seal of the Corporation be hereto-affixed.
Carried Unanimousi!
No. 75 - MERRETT - CHEESMAN - RESOLVED that the following prices submitted for
the supply of lawn mowerg, be accepted:
a) One 1980 Case Model 444 Riding Tractor with
Mower Attachment - J. Datema & Sons
b) Ten 1980 Lawn Boy Super Conun. 21" Rotary
Mower, Model 6280 - Pinder's Lawn & Leisure
c) Six 1980 Lawn Boy Heavy Duty 21" Rotary
Mower Model 6259 - Pinder's Lawn & Leisure
d) Five 1980 Toro Heavy Duty 2 Power Mower
Model 23267 - Garrison Power Equipment
; AND the Seal of the Corporation be hereto affixed.
$3,125.21
$2,728.50
$1,508.70
$6.,.653.75
Carried Unanimousl
No. 76 - SCHISLER - CHEESMAN - RESOLVED that whereas the 1980 Capital
Expendit
Quota for the City of Niagara Falls estabIished by the Ontario Municipal Boa
includes a net expenditure of $410,000.00 for road reconstruction and a storm.
on Falls Avenue from Clifton Hill to Bender Street;
AND WHEREAS it is deemed expedient to defer the proposed road reconstruction0:~
the said portion of Falls Avenue at a net estimated cost of $110,000.00; ~
NOW THEREFORE BE IT RESOLVED: 1) That the reconstruction of Falls Avenue from
Clifton Hill to Bender Street be deleted from the 1980 capital works programme;
2) That the Ontario Municipal Board and The Regional Municipality of Niagara
be requested to approve the re-allocation of the unused Capital Expenditure
Quota amount for the said Falls Avenue from Clifton Hill to Render Street,
estimated at $110,000.00, to the proposed construction of a storm sewermain 0~
Bender Street from Victoria Avenue to River Road; AND the Seal of the Corpora~
~e hereto affixed.
Carried Unanimou~
No. 7~ - CUMMINGS - ~INSPERGER - RESOLVED that a message of condolence be sen~
to the family of the late Miss Judy LaMarsh, former Member of Parliament for
Niagara Falls, and a most respected member of the community; AND the Seal of
the Corporation be hereto a~fixed.
Carried UnanimoosJ
- 11 -
BY-LAWS
In response to several questions raised by Alderman Puttick concerning
By-law 80-214, the Projects & Services Engineer advised that the total cost
of the parking and traffic study was estimated at $115,000. The City's share
of the cost amounts to $40,000, which is the amount included in the ~udget.
The upset limit of the study was set at $115,000, and the City's share of
$40,000 could not be exceeded without the knowledge and approval of Council.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett,
that leave be granted to introduce the following by-laws, and the by-laws be
read a first time:
No. 80-198 - A By-law to amend By-laws Nos. 79-200 and 5335, 1955, as amended.
(AM-29/79, M. & T. Corak)
No. 80-199 - A By-law to authorize an agreement with Giosue Astorino and
Giuseppina Astorino and Josephine Piazza respecting the sale of
Ray Avenue.
No. 80-200 - A By-law to authorize an application for the closing of Ray Avenue
on Registered Plan 108 for the former Township of Stamford.
No. 80-201 - A By-law to authorize an amendment to By-law No. 80-195 being a
by-law to allow the maintaining and using of a building which
encroaches on Nelson Crescent.
No. 80-202 - A By-law to authorize the execution of an agreement with Tony
Wolsing and Lillian Wolsing respecting Lot 31 according to
Registered Plan No. 243 for the City of Niagara Falls, being
the Falls Industrial Park.
No. 80-203 - A By-law to authorize an exchange of lands with the Greater Niagara
Transit Commission.
No. 80-204 - A By-law to authorize an agreement with Cirillo Martignago and
Fanny E. Martignago respecting the proposed closing and sale of
part of Smith Avenue.
-No. 80-205 - A By-law to authorize the execution of an agreement with Baldasaro
and MacGregor Limited for the installation of watermains on River
Road from Hiram Street to Ellis Street and from Queen Street to
Bridge Street.
No. 80-206 - A By-law to authorize the execution of an agreement with Gauld
Nurseries Limited for the 1980 tree planting program.
No. 80-207 - A By-law to authorize the construction of certain works as local
improvements under Section 12 of The Local Improvement Act.
No. 80-208 - A By-law to authorize the reconstruction of a sanitary sewermain as
an improvement to the sewage system in the Urban Service Areas of
the City. (Sarah Street)
No. 80-209 - A By-law to authorize the reconstruction of the bridge on Whirlpool
Road over the Ontario Hydro Power Canal.
No. 80-210 - A By-law to authorize the reconstruction of Grassybrook Road from
a point approximately 1200 feet west of Crowland Avenue to a point
approximately 800 feet east of Crowland Avenue.
No. 80-211 - A By-law to authorize the reconstruction of Clark Avenue from
Ferry Street to'Robinson Street.
No. 80-212 - A By-law to authorize an agreement with Proctor and Redfern Limited
for engineering services in connection with the construction of a
storm sewer and watermain on Bender Street.
No. 80-213 - A By-law to authorize the conveyance of land to the Falls Region
Credit Union Limited.
No. 80-214 - A By-law to authorize an agreement with Lanmer Consultants (1978)
Limited for engineering services in connection with the parking and
traffic study for the City of Niagara Falls.
..... 12
- 12 -
No. 80-215 - A By-law to authorize an agreement with Donald N. Chapman,
Associates, Architects for architectural services in connection
with the proposed additions and repairs to the Niagara Falls
Memorial Arena.
No. 80-216 - A By-law to adopt a Redevelopmerit Plan for the Maple Redevelopmen
Area.
No. 80-217 - A By-law to provide monies for general purposes.
No. 80-218 - A By-law to authorize the construction of a storm sewer as an
improvement and extension to the sewage system in the Urban Servi
Areas of the City. (Falls Avenue)
No. 80-219 - A By-law to amend By-law 79-218, to authorize the construction of
storm sewermain on Bender Street from Victoria Avenue to River Rc
Carried with Aldem
Puttick and Schisl
voting contrary
By-law 80-215, and
others voting in
ORDERED on the motion of Alderman Sobol, seconded by Alderman Chessman, that
the following by-laws be now read a second time:
No. 80-207 - A By-law to authorize the construction of certain works as local
improvements under Section 12 of The Local Improvement Act.
No. 80-209 - A By-law to authorize the reconstruction of the bridge on Whirlpc
Road over the Ontario Hydro Power Canal.
No. 80-210 - A By-law to authorize the reconstruction of Grassybrook Road fro;
point approximately 1200 feet west of Crowland Avenue to a point
approximately 800 east of Crowland Avenue.
No. 80-211 - A By-law to authorize the reconstruction of Clark Avenue from Fer
Street to Robinson Street.
Carried Unanimousl
ORDERED on the motion o~ Alderman Chessman, seconded by Alderman Merrett, tha~
the following by-laws be now read a second and third time: .
No. 80-198 - A By-law to amend By-laws Nos. 79-200 and 5335, 1955, as amended.
(AM-29/79, M. & T. Corak)
No. 80-199 - A By-law to authorize an agreement with Giosue Astorino and
Giuseppina Astorino and Josephine Piazza respecting the sale of
Ray Avenue.
No. 80-200 - A By-law to authorize an application for the closing of Ray Aven~
on Registered Plan 108 for the former Township of Stamford.
No. 80-201 = A By-law to authorize an amendment to By-law No. 80-195 being a
by-law to allow the maintaining and using of a building which'~
encroaches on Nelson Crescent.
No. 80-202 - A By-law to authorize the execution of an agreement with Tony
Wolsing and Lillian Wolsing respecting Lot 31 according to
Plan No. 243 for the City of Niagara Falls, being the Falls
Park.
~No. 80-203 - A By-law to authorize an exchange of=lands with the Greater
Transit Commission.
No. 80-204 - A By-law to authorize an agreement with Cir811o Martignago and
E. Marttgnago respecting the proposed closing and sale of part
Smith Avenue.
No. 80-2p5 - A By-law to authorize the execution of an agreement with
and MacGregor Limited for the installation of watermains on
Road from Hiram Street to Ellis Street and from Queen Street to
Bridge Street.
- 13 -
No. 80-206 - A By-law to authorize the execution of an agreement with Gauld
Nurseries Limited for the 1980 tree planting program.
No. 80-208 - A By-law to authorize the reconstruction of a sanitary sewermain
as an improvement to the sewage system in the Urban Service Areas
of the City. (Sarah Street)
No. 80-212 - A By-law to authorize an agreement with Proctor and Redfern Limited
for engineering services in connection with the construction of a
storm sewer and watermain on Bender Street.
No. 80-213 - A By-law to authorize the conveyance of land to the Falls Region
Credit Union Limited.
No. 80-214 - A By-law to authorize an agreement with Lanmer Consultants (1978)
Limited for engineering services in connection with the parking and
traffic study for the City of Niagara Falls.
No. 80-215 - A By-law to authorize an agreement with Donald N. Chapman, Associates,
Architects, for architectural services in connection with the proposed
additions and repairs to the Niagara Falls Memorial Arena.
No. 80-216 - A By-law to adopt a Redevelopment Plan for the Maple Redevelopment
Area.
No. 80-217 - A By-law to provide monies for general purposes.
No. 80-218 - A By-law to authorize the construction of a storm sewer as an
improvement and extension to the sewage system in the Urban Service
Areas of the City. (Falls Avenue)
No. 80-219 - A By-law to amend By-law 79-218, to authorize the construction of
a storm sewermain on Bender Street from Victoria Avende to River Road.
Carried with Aldermen
Puttick and Schisler
voting contrary on
By-law 80-215, and all
others voting in favour.
It was moved by Alderman Puttick, seconded by Alderman Merrett, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
FORTIETH MEETING
Committee Room #1
November 17, 1980
COMMITTEE OF THE WHOLE
Council met on Monday, November 17, 1980 at 6:30 p.m. in Connnittee of the
Whole. All members of Council were present. Alderman Herrerr presided as
Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting. . ~a~A~.~
READ ~ ADOPTED,
MAYOR WAYNE THOMSON
Council Chambers
November 17, 1980
Council met on Monday, November 17, 1980 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present. His Worship,
MAyor Thomson presided as Chairman. Alderman Dilts offered the Op~ning Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett,
that the minutes of the meeting held on October 27, 1980, be adopted as
printed. Carried Unanimously.
PRESENTATION OF ACHIEVEMENT AWARDS
His Worship, Mayor Thomson presented achievement awards to the members
of the Stamford Centre Volunteer Firemen's Association Bantams who had won
the all Ontario Baseball Association Bantam Championship at Oakes Park in
September. Those present to receive awards were: David Burns, Greg Denington,
Kyle Hart, Mike Jarrett, David Kerr, Sal Manella, Jeff Mazzone, Darren Shannon,
Coach Paul Campigotto, and Assistant Coach Barry Noble. The following members
who were unable to attend will also be presented with awards: Rob Jolley,
Randy Labrasseur, Bat Boy Troy Lebrasseur and Manager Bob Jolley.
· DEPUTATION
PROPOSED NIAGARA SOUTH BOARD OF EDUCATION ELEMENTARY SCHOOL RE-ORGANIZATION
Mr. A. Gemmell was granted permission to address City Council on the
motion of Alderman Dilte, seconded by Alderman Cummings. Mr. Gemmell stated
that although he was not opposed to the closing of schools in the City as a
coat-saving measure, he felt the entire costs involved had not been accurately
calculated and presented by the School Board. Mr. Gemmell felt the Board had
not taken into consideration all of the costs that would be involved in
the school closings. While savings would be realized in transportation coats,
Mr. Germnell pointed out that the closings could result in a greater number of
students having to be transported. Mr. Gemmell distributed a cost summary
he had prepared indicating that the savings would amount 'to approximately
~460,000 and not $750,000 as suggested by the Board.
Alderman Fera pointed out that Council had no control over the Board, and
there was little that could be done other than to make people more aware of the
matter. Mayor Thomson indicated that the people were concerned that the Board
would make a decision without any discmssion or input from the public. The
Mayor suggested that Council could ask the Board to delay a decision on the
matter until further opportunity for comment was made available.
Mrs. M. Silvestrone vas granted permission to address Council on the
motion of Alderman Herrerr, secondad by Alderman Cummings. Mrs. Silvestrone
- 2-
stated that she was concerned not only with the monetary aspect of the
re-organization, but the effect the proposal will have on the quality of
education children will receive. Mrs. Silvestrone pointed out the many
questions that had been raised by the Board on the re-organization, and
the fact the Board had not answered these questions yet itself. Concern
was also expressed over the possible lack of music, art and physical
education facilities that could result in the re-organization. Mrs. Sil-
vestrone asked that Council assist in having a decision by the Board
postponed until concerned residents can get sufficient information to
enable them to express an informed opinion to the Board.
Alderman Puttick suggested that it might be beneficial to have a
public meeting held with officials of the Board present, so that answers
can be obtained on the concerns raised.
Following further comment, it was moved by Alderman Merrett, seconded
by Alderman Orr, that the Niagara South Board of Education be requested to
postpone a decision on the proposed re-organization of elementary schools,
that staff prepare a report on the proposal for the consideration of
Council, and further that the Board be requested to hold a public meeting
to discuss the matter further. The motion Carried with Aldermen Cheesman
and Sobol abstaining on a conflict of interest, and all others voting in
fayour.
UNFINISHED BUSINESS
INTERSECTION OF STANLEY AVENUE AND VALLEY WAY
Report No. 608 - City Manager - The report recommends that a public meeting
be held to discuss improvements to be made at this intersection.
AND
Report No. 609 - City Manager - The report recommends passage of a by-law to
authorize the improving and widening of the road on the south side of Valley
Way from a point at the southwest corner of Valley Way and Stanley Avenue to
approximately 280 feet westerly therefrom, by placing granular base and
asphalt surface to provide a 10' wide right-hand turnirrg' lane and accompanyini
taper section at an estimated cost of $3,000 to $4,000.
AND
Communication No. 216 - Residents of Stanley Avenue/Valley Way Area - The
communication expresses .oppositlon to any changes at the subject intersection
that would encourage the flow of traffic past Valley Way School, thereby
exposing the students to a dangerous situation.
Mr. G. Turpin was granted permission to address City Council on the
motion of Alderman Cummings, seconded by Alderman Dilt~. Mr. Turpin express~I~
the concern that suggested improvements could endanger the children living
the area and especially of children attending Valley Way School, by bringing
into a residential area a heavy flow of traffic. It was suggested that an
alternative route of action, possibly at Mcgee Street could be considered.
Mr. Turpin offered to meet and discuss the matter with City officials in an
effort to resolve the situation. In response to a question raised by ~yor
Thomson, Mr. Turpin indicated that he was not opposed to the interim measuresr
to be taken in widening Valley Way west of Stanley Avenue.
Alderman Puttick asked the outcome of discussions held with the owner
of the small plaza on the corner regarding the possible closing of the
parking lot entrance on.Stanley Avenue. The Director of Municipal Works
advised that the plaza 6wner did not wish to become involved financially
in the re-alignment of Valley Way. With respect to the parking. lot entrance,
it was advised that the owner was of the opinion that all requirements had
been met when the plaza was built, and that he was entitled to the permit
granted by the Region for an entrance on Stanley Avenue. As far as road
widening was concerned, the Director of Municipal Works stated that no lands
would be required from the plaza for the proposed re-alignment.
Following further comment, it was moved by Alderman Cummings, seconded
by Alderman Chessman, that the reports be received and adopted, and the
referred to the public meeting to be arranged. Carried Unanimously.
CITY PARTICIPATION IN SPORTING EVENTS
Report No. 610 - City Solicitor - The report indicates that the Council
restrict the participation of the City in producing such events to entering
into a liceace agreement for the use of the arena for a charge which could
- 3 -
a fixed fee, a Percentage of the admission receipts or a combination of the
two. The report also indicates that under present regulation, the City would
not be able to obtain a licence for the sale of alcoholic beverages at the
arena.
Alderman Cummings expressed his disappointment that the City would always
be in the position of sharing the profits from such events with a promoter. In
response to a question raised by the Alderman, the Deputy Solicitor advised
that the City could not sponsor any event, the object of which was to turn a
profit. It was felt that tax dollars should be used for legitimate municipal
purposes unless special legislation exists, and not risked on matters free
enterprise can handle. The City Manager provided additional information on
other ways in which the City derives revenue from such events, i.e. rental
fee for the arena, concessions, etc.
Following further comment, it was moved by Alderman Fera, seconded by
Alderman Dilts, that the information be noted, and the report received and
filed. Carried Unanimously.
NOTE: Alderman Cheesman was absent when the vote was
taken on this matter.
TRANSFER OF COMMERCIAL AIR SERVICES TO PAN-AIR HELICOPTERS LTD.
Report No. 611 - City Solicitor - The report recommends that the notification
from the Air TranSport C6~mitt~e of the Canadian Transport Commission that it
"does not disallow" the transfer of commercial air services from Niagara
Hell-Air to Pan-Air Helicopters Ltd. be noted, and the report received and
filed.
In response to a question raised, His Worship, Mayor Thomson
indicated that Mr. A.A. MacBain, M.P. had advised the City Solicitor that
there is a right of appeal to the Minister from the decision of the' Air Transport
Committee.
Mrs. J. Blair was granted permission to address Council on the motion
of Alderman Merrett, seconded by Alderman Orr. Mrs. Blair referred to a
comment made by a government official that the only complaint received to
the transfer, was from the City. Mrs. Blair pointed out that the fact the
-complaint was from the City itself, had not made any difference in the
granting of the transfer.
Mayor Thomson suggested that the possibility of appealing the decision
of the A.T.C. be investigated. Following further comment, it was moved by
Alderman Sobol, seconded by Alderman Merrett, that the City Solicitor
research the possibility of further opportunity for a public hearing. The
motion Carried with Alderman Cheesman voting contrary, and all others voting
in layout.
ARBITRATION AWARDS - NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS, LOCAL 528
Report No. 612 - City Manager - The report advises that an award has been
received under Section 7 (1) of the Fire Departments Act which is binding
upon the Municipality and the Fire Fighters, as follows: 1) Pensions -
O.M.E.R.S. Type I Supplementary Pension Benefit (2%) to provide for true
past service back to the date of employment as prescribed under the
O.M.E.R.S. Act and regulations ($140,600 in 1980 and eight annual payments
of $44,600); and 2) Salaries -An increase of 13.95% over the 1979 end rate
salary paid to the Niagara Falls First Class Fire Fighter (Costing
$280,370 in 1980). The total additional annual cost of the complete
settlement is $433,200 or 21%.
Alderman Puttick expressed concern over the effect of such binding
arbitration awards on municipalities and their negotiations with other
municipal employees. The Alderman stated that he had inquired about the
binding aspect of the award, and had been advised that if the municipality
does not adhere to the terms set down by the arbitrator, the City and even
the Council could be held in contempt and penalized. The City can appeal
the award through the Judicial review procedure, and in order to do that,
the City would have to prove bias in the decision or an error in law. The
Alderman pointed out that the Chairman of the Arbitration Board had been
involved in similar awards previously, and was sympathetic to the fire
fighters' claim for parity with police officers. Alderman Puttick felt
this fact could be considered as bias on the part of the Chairman in
showing favouritism in his decision. The Alderman felt that the Council
should consider tabling the report and trying to determine if there was
bias involved in the decision.
The Deputy Solicitor advised that the arbitration is binding upon the
parties involved and if the award or decision were not implemented, it could
result or could subject the parties to contempt proceedings because the
decision can be registered with the Supreme Court and have the same effect
as a judgemeat. The decision of the arbitrator can be reviewed by the
Divisional Court of the Supreme Court of Ontario, however the Judicial
Review procedure provides that the decision can only be reconsidered where
there is a case of bias, an error of law, bad faith, or where the decision
making body exceeds its Jurisdiction. The Deputy Solicitor further
indicated that he had spoken to the lawyer who had argued the Cityts case
at the hearing, and it was his opinion that there was no case to be
made on Judicial Review. It was the lawyer's suggestion that those
municipalities feeling they have been unfairly treated, should direct their
energies towards having the Fire Departments Act amended.
Alderman Cun~nings pointed out that the City was aware of the chance it
was taking when negotiations had reached the arbitration stage, and the only
option open to the City now was to accept the award and attempt to have the
Fire Departments Act changed.
Alderumn Schisler pointed out that a fire fighter will be receiving
much more than the $22,800 annual salary when one considers the cost of paid
benefits. The Alderman agreed that the City should support the position
taken by the City of Waterloo in opposing arbitration awards based on parity
with police salaries.
Following further comment, it was moved by Alderman Grasskemp, seconded
by Alderman Orr, that the report be received and filed. The motion Carried
with Alderman Puttick voting contrary, and all others voting in favour.
NOTE: Alderman Dilts was absent when the vote was
taken on this matter.
RESOLUTION BY CITY OF WATERLOO RE: ARBITRATION AWARDS
Report No. 613 - City Manager - The report reco~mends that Council endorse
a resolution petitionlug the Premier of Ontario to form a Task Force and
initiate a public review and inquiry into the total compulsory and binding
arbitration system in Ontario, and further that the Honourable William Davis
Premier of Ontario, the Noncurable T. Wells, Mr. V. Kerrio M.L.A., the
Police ~overning Authority and the Association of Municipalities of Ontario
be advised accordingly.
Several members of Council expressed their views on arbitration awards
to fire fighters, and the alternatives open to councils in dealing with such
matters.
Following further comment, it was moved by Alderman Chessman, second~
by Alderman Cummings, that the report be received and adopted. The motion Cart
Unanimously.
NOTE: Aldermen Hinsperger and Orr retired from the meeting.
GROUP HOMES - REQUEST BY PROVINCE FOR MUNICIPAL ACTION
Report No. 614 - Planning & Development Committee - The report recon~nends
that the Planning Director be authorized to prepare, in conjunction with the
Social Planning Council, a suggested Committee membership to discuss and make
recommendations to Council regarding the role of group homes in the City; a~d
further that the Regionts report on the same topic also be referred to the
"Group Homes Working Committee" to include in its studies for report back to
Council.
Alderman Cummings suggested that a copy of the report be sent to .the
Social Planning Council.
ORDERED on the motion of Alderman Dilts, seconded by ~lderman Fera, that the
report be received and adopted. Carried Unanimously.
METHANE ~AS GENERATION - HOUCK PARK
Report No. 615 - City Nana~er - The report fete,mends; 1) That the City
- 5 -
a fan and associated duct work at the Royal Canadian Legion Branch 51
building on Valley Way in accordance with a report prepared by Hydrology
Consultants Limited dated June 5, 1980 at an estimated cost to the City
of $500; 2) That the City provide a preventative maintenance program for
this system estimated at $50 per year; 3) The Royal Canadian Legion be
compensated for electrical power required to drive this fan estimated at
$10 per year; 4) The City monitor for methane gas at the sump in the Royal
Canadian Legion building on Valley Way during the months of December,
January, February and March and that further methane gas measurements be
taken during the months of June and September; and 5) That the Legal
Department be authorized to prepare an agreement between the City and
Branch 51 of the Royal Canadian Legion to cover installation and
maintenance of this ventilating system, including all costs associated with
the other recommendations made through this report.
The Director of Municipal Works provided additional information on the
matter in response to a number of questions raised. With respect to possible
funding by the Province, the Director of Municipal Works indicated that the
Ministry of Environment does have certain sources of money they can put
towards investigation of former landfill sites, however he was not aware of
any contributions made towards repairs or renovations necessary as a result
of landfill sites which have closed down. At the request of Alderman Sobol,
the Director of Municipal Works indicated that he would check into the
possibility of Provincial funding.
Alderman Schisler was critical of the fact the problem had existed for
so many years, and the consultant had not solved the methane gas problem as
yet. Alderman Puttick felt that another system would have worked more
effectively to eliminate the problem. The Alderman stated that the consultant
had indicated the original proposal would solve the problem, and the methane
gas had continued to be a problem over the years.
The Director of Municipal Works stated that when the study was originally
undertaken, there were works instslled in the ground and a system installed along
the east side of Houck Park. The City also entered into an agreement with the
owner of the apartment building to have stacks go up the side of the building
and if that did not work, a pumping fan system would be installed. The fan
system had not been installed, and the Director of Municipal Works feIt the
City was getting away cheaply with the proposal for the Legion building.
Following further comment, it was moved by Alderman Chessman, seconded
by Alderman Fera, that the report be received and adopted. The motion Carried
with the following vote:
AYE: Aldermen Cheesman, Cummings, Dilts, Fera, Graaskamp, Merrett, Sobol
and Mackenzie.
NAY~E| Aldermen Puttick and Schisler.
The report dealing with the Calaguiro Estates Subdivision was moved forward
for consideration at this time.
REPORT
No. 616 - City Manager - Re: Calaguiro Estates Subdivision Revised Plan, File
No. 26T-79021. The report recommends approval of the revised plan for the
proposed Calaguiro Estates Subdivision, said revision dated September 15,
1980, subject to four conditions, and that the Regional Municipality of Niagara
be advised of the City's approval of the revised plan.
The Director of Municipal Works provided additional information regarding
servicing of the subdivision, in response to several questions raised by
Alderman Graaskamp.
ORDERED on the motion of Alderm~u Cheesman, seconded by Alderman Merrett, that
the report be received and adopted. Carried Unanimously.
i CO~UNICATIONS
No. 217 - Mr. F. DeLuca - Re: Ku Klux Klan. The communication requests that
the City consider passing a by-law to restrict the license of the Ku Klux Klan
~o operate in the City.
I ORDERED on the motion of Alderman Merrett, seconded by Alderman Dilts, that the
fasts communication be referred to the City Clerk for a report. Carried Unanimously.
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No. 218 - Walker Brothers Quarries Limited - Re: Solid Waste Disposal Operati0~
The communication indicates that no evidence of illegal operations have been
produced to support claims and comments made publicly, and that the solid waste
disposal site will continue to be operated under the guidelines and policies 0f
the Ministry of the Environment.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that
the communication be received and filed. Carried Unanimously.
NOTE: Alderman Fera was absent when the vote was
taken on this matter.
No. 219 - Slovak, Sinclair & Crowe - Re: R. Redekop in Trust, Mount Forest II.
The communication requests that Council permit the servicing of Woodgate Streel
in the subject subdivision.
The City Clerk indicated that the solicitor for the applicant had request~
that the matter be withdrawn.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
the communication be withdrawn. Carried Unanimously.
NOTE: Alderman Fera was absent when the vote was
taken on this matter.
No. 220 - Operation Clean Niagara - Re: Request for Financial Assistance. The
communication requests assistance financially in continuing to oppose the S.C.~
Chemical Waste Services.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that
the communication be referred to the Finance Committee. Carried Unanimously.
No. 221 - Downtown Board of Management - Re: Extension of St. Lawrence Avenoe.
The communication advises that the Board feels no further consideration should
be given to extending St. Lawrence Avenue between Park Street and Bridge Stree!
OP~ERED on the motion of Alderman Cummings, seconded by Alderman Chessman, thsz
the communication be received and filed. Carried Unanimously.
No. 222 - Mr. M. Mango - Re: Drainage Problem. The com,u~iilcation requests
assistance in resolving a drainage problem at the corner of Summer Street and
Lowell Avenue.
The Director of Municipal Works provided additional information regarding
the City owned property f~om which the run-off water was originating.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings,
the Director of Municipal Works be authorized to investigate and rectify the
problem as soon as possible. Carried Unanimously.
I
REPORTS
No. 617 - Planning Director - Re: Planning Information Pamphlets. The report
advises that information brochures have been prepared as a means of informing
the public about Zoning By-law and Official Plan matters and how development
applications are made.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fare, that
the report be received and filed. Carried Unanimously.
No. 618 - Planning Director - Re: By-law 79-200, Objection ~128, M. Wetherup,'
South Side of Morrison Street opposite Towers Plaza. The report recommends
that Council authorize an amendment to By-law 79-200 as it affects the 1.26
acre parcel owned by the Objector in order to: (a) change the applicable
to Light Industry (LI) and (b) add a special provision under Section 19 so as
to permit a maximum of 900 square mettea (10,000 sq.ft.) of office building.
ORDERED on the marion of Alderman Merrett, seconded by Alderma~ Dilts, that
report be received and adopted. Carried Unanimously.
No. 619 - City Manager - Re: Official Plan Amendment No. 118 - Proposed
Modifications by the Ministry of the Environment. The report recommends: 1)
That Council accept the staff recommendation of discouraging site specific
statements in the Official Plan such as the one proposed for Official Plan
Amendment No. 118; and 2) That in the event the resolution of this matter
through discussions with Provincial staff results in further delays with
respect to the approval of Amendment No. llg, Council reluctantly approve
of the proposed modification.
Alderman Grasskemp felt that the use of site specific statements in the
Official Plan was acceptable, and, he did not agree with the staff recommendat!
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to discourage such statements in the Official Plan.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that
the report be received and adopted. The motion Carried with Alderman Graaskamp
voting contrary, and all others voting in favour~
The report regarding Dedication of Road Widening through Site Plan Control
was deleted from the agenda.
NOTE: Alderman Merrett retired from the meeting.
No. 620 - C_!ity Manae~ _ Re: Proposed Closing and Sale of the Westerly 33 Ft.
of Smith Avenue. The report recommends that Council hear any person who claims
his land will be Prejudicially affected by the by-law to stop up and close and
to authorize the sale of the westerly 33 ft. of Smith Avenue on R.P. No. 139
for the former Township of Stamford, and passage of the by-law subject to there
being no valid objections.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
Seejy-law No. 80-22?
No. 621 - City Manager - Re: Lot 3, Falls Industrial Park Extension. The report "
recommends'that City ~ouncil approve the sale of Lot 3, Plan M-67 to William
Keith Lumley at a purchase price of $24,800, and that Mr. Lumley enter into an
agreement of purchase and sale for the acquisition of the property with a
closing date of March 31, 1981.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 622 - City Manager - Re: Falls Industrial Park Extension, Lot 1.3, Plan M-67.
The report recommends passage of a by-law to authorize an agreement between the
City and Antiryes Kalaycioglu and Abraham Aghamanoukian providing for the
extension of the date to May 31, 1981 for commencement of construction of a
building on Lot 13, Falls Industrial Park Extension.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
See By-law No. 80-223
.No. 623 - City Manager - Re: Lot 47, Falls Industrial Park. The report recommends
approval of an extension to the Request for Reserve from Juergen Phtlipp (Canada)
Inc. until February 13, 1981 on Lot 47, Plan 243.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 624 - City Manager - Re: Exchange of Land between the City and Greater
Niagara Transit Commission. The report recommends passage of a by-law to amend
By-law 80-203, being a by-law to authorize an exchange of lands with the
Greater Niagara Transit Commission.
ORDERED on the motion of Alderman Fare, seconded by Alderman Sobol, that the
report be received and adopted. Carried Unanimously.
See By-law No. 80-224
No. 625 - City Manager - Re: Valley Way West Subdivision. The report recommends
that the Subdivisions Branch of the Ministry of Housing be advised that the City
concurs with a six month extension of draft plan approval to May 16, 1981, in
respect to the proposed Valley Way West Subdivision.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Grasskemp, that
the report be received and adopted. Carried Unanimously.
No. 626 - City Manager - Re: Armstrong Cable TV Crossing Meadowvale Subdivision
Park. The report recommends that the request of Armstrong Communications Ltd.
to install a buried cable approximately 1 metre parallel to the west property
line of the Meadowvale Park on City park property be approved.
The Director of Municipal Works provided additional ieformation regarding
the installation in response to a number of questions raised.
ORDERED on the motion of Alderman Sobol, seconded by Aldermarx Fete, that the
report be received and adopted. Carried Unanimously.
No. 627 - City Manager - Re: Meadowvale Extension Subdivision, Placement of Ease
Amphalt, Contract R.C. 18-80. The report recommends that Council approve the
action taken by staff with respect to the request of Herman Damore Builders Ltd.
to place base asphalt in the above noted subdivision at the unit prices
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negotiated with the firm of Steed and Evans Limited.
ORDERED on the motion of Alderman Fete, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
No. 628 - City Manager - Re: Obstruction in Lyons Creek. The report provides
infornmtion on the investigation of blockages of Lyons Creek in some areas.
Alderman Schisler provided additional information on the matter.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Chessman, that
the report be received and filed. Carried Unanimously.
No. 629 - City Manager - Re: Demolition Tenders. The report recommends that
Richard Collee Trucking be awarded the contract for demolition of two buildings
in the Ryerson Park development and one building under Council approved Property
Standards By-law 74-204.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
See Resolution No.
'i
No. 630 - City Manager - Re: Parking on Powell Avenue. The report reconunends
that parking be prohibited at all times from Powell Avenue from its intersection
with Ritchener Street to Roberrs Street.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
No. 631 - City Manager - Re: Intersection Control. The report recommends the
preparation of by-laws to allow the erection of a stop sign on Johnson Street
at Addison Avenue and yield signs on Sinnicks Avenue at Mayfair Drive and Murie
Street at Kister Road.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimously.
No. 632 - City Manager - Re: Parking Lot Snow Plowing. The report recommends
that parking lot snow plowing be awarded to various contractors as set out in
a su~nnary of prices received.
ORDERED on the motion of Alderman Chessman, seconded by Al~rman Cummings, that
the report be received and adopted. Carried Unanimously.
No. 633 - City Manager - Re: Building & Development Report for October, 1980.
The report provides current ~ews relative to permit statistics and development
proposals for the month of October, 1980.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that
~he report be received and filed. Carried Unanimously.
No. 634 - Finance Committee - Re: Christmas Lighting on Queen Street. The
report recommends that the cost of Christmas lighting on Queen Street be shard
equally by the Downtown Board of Management and the C~ty of Niagara Falls up
to a maximum amount of $3,500.
Alderman theeamen provided additional information regarding the cost of
the lighting. Alderman Fera indicated that he would not continue to vote in
favour of this practice year after year.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilta, that
the report be received and adopted. Carried Unanimously.
No. 635 - Finance Committee - Re: Request from Mrs. D. Weatherill. The report
recommends that no financial assistance be given by the City to Mrs. Weatherill
for the students' participation in the Edinburgh Festival in August 1981.
ORDERED on the motion of Alderman Cuunnings, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
No. 636 - Finance Committee - Re: Closin8 and Conveyance of Part of the Unope~
Road Allowance between Township Lots 5 and Gore Lots 3, 4 and 5 of the former
Township of Stamford. The report recommends: 1) That part of the unopened road
allowance between Township Lot 5 and Gore Lots 3, 4 and 5 of the former To~nshil
of Stamford be stopped up and closed by by-law and conveyed to Lyane and Nuziat~
Pellegrino for the amount of $1,8751 and 2} That the Legal Department take the
necessary steps to close the road allowance and complete the documentation for
the ~ale.
Alderman 8chieler felt the City should not sell the land for less than
the price established in the Opinion of Value. Although the adjacent owner
d~d pay taxes on the land, she also had the use of the land. Alderman puttick
- 9 ~
pointed out that the City was under no obligation to sell the land for less
than the appraised value, and stated that he was not in agreement with the
recommendation to sell the property for half of this amount.
Aldermen Chessman and Cummings pointed that there were extenuating
circumstances involved in this particular case, the taxes paid over the year
and the question of title. It was felt that a compromise would have to be
made for these reasons.
The Deputy Solicitor stated that it was open to the Council to decide
the amount at which to sell the land, since there was no
Following further comment, it was moved by Alderman Cheesman, seconded
by Alderman Cummings, that the report be received arid adopted. The motion was
Defeated with the following vote:
AY___~E: Aldermen Chessman and Cummings.
NA~YE: Aldermen Dilts, Fera, Graaskamp, Puttick, Schisler and Sobol.
NOTE: Alderman Mackenzie abstained from voting on a conflict of interest.
It was then moved by Alderman Chessman, seconded by Alderman Dilts, that
the report be referred back to the Finance Committee and the solicitor for
the adjacent property owner given an opportunity to make a further submission
at that time. Carried Unanimously.
No. 637 - Loan Review Committee - Re: Applications for Assistance. The report
reco~ends approval of seven applications for assistance received under the
Ontario Home Renewal Program.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
No. 638 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
The City Treasurer provided additional information regarding Cheques Nos.
8639, 8658, 8687, 8696, 8705, 8723,.8724, 8739, 8790, 8886, 8929 and 8990 in
response to questions raised by Aldermen Cummings, Graaskamp, Puttick, Schisler
and Sobol.
Wlth respect to Cheques Nos. 8690, 8743, 8814 and 8827, the following
explanations were provided by the City Treasurer: i) 8690 - For the purchase
of fifteen picnic tables for the Parks Department; 2) 8743 and 8814 - Payment
out of petty cash to the Arena Manager for the purchase of items to be sold
at the arena concession stand; and 3) 8827 - For the purchase of two speakers
for the Niagara Falls Memorial Arena. The following motions were passed with
respect to these cheques:
It was moved by Alderman Dilts, seconded by Alderman Cummings, that a
report be prepared on revenues and expenditures for City Arenas, including
the concessions. Carried Unanimously.
It was moved by Alderman Cummings, seconded by Alderman Dilts, that an
estimate be obtained from an acoustics expert on improving the sound system
at the Niagara Falls Memorial Arena. Carried Unanimously.
It was moved by Alderman Cummings, seconded by Alderman Sobol, that a
report be prepared with respect to Cheque No. 8690 for the purchase of picnic
tables. Carried Unanimously.
It was then moved by Alderman Chessman, seconded by Alderman Dilts, that
the report be received and adopted. The motion Carried with Alderman Graaskamp
voting contrary, and all others voting in favour.
No. 639 - City Clerk - Re: Ratification of Committee of the Whole Decisions.
The report recommends that the following actjan taken by Council at a recent
Committee of the Whole meeting, be ratified: 1) Contract D.C. 1-79 - That
the amount of liquidated damages payable by Damore Bros. Limited for not
completing the contract within the specified period of time, be reduced from
$19,000 (based on $500 par day for 38 days) te $1,200 (based on $100 per day
for 12 days); and 2) Contract R.C. 25-78 - That payment of the liquidated
damages c~inB by Damore Bros. Limited for not completing the contract within
the specified period of time, estimated at $8,000 (based on $100 per day for
80 days) not be required.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
..... lO
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No. 640 - City Manager - Re: Bus Bay - North Side of Huggins Street. The
report recommends that Councilconsider the request by Niagara Transit to
construct a bus bay on the north side of Huggins Street just west of
Portage Road at an estimated cost of $2,640.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 78 - CHEESNAN - DILTS - RESOLVED that the tender submitted by Richard
Collee Trucking for the demolition of three buildings, be accepted at the
total price of $4,250.00; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 79 - CEEESMAN - FERA - RESOLVED that the petition for interim payment under
the Public Transportation and Highway Improvement Act on expenditures made in
the year 1980, dated November 14, 1980, be adopted as presented in the estimatef
amount of $3,178,910.10; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
No. 80-220 -
A By-law to authorize an agreement with Niagara Falls Professional
Fire Fighters, Local 528 of the International Association of Fire
Fighters.
No. 80-221 - A By-law respecting the improving and widening of part of Valley~
No. 80-222 -
No. 80-223 -
A By-law to stop up and close and to authorize the sale and conv,'-~
ante of part of Smith Avenue according to Re~Thtered Plan No. 139
for the former Township of Stamford.
A By-law to authorize the execution of an agreement with Antiryes
Kalaycioglu an~ Abraham Aghamanoukian respecting Lot 13 according
to Registered Plan No. M-67 being the Falls Industrial Park
Extension.
No. 80-224 - A By-law to amend By-law No. 80-203, being a by-law to authorize
exchange of lands with the Greater Niagara T~ansit Commission.
No. 80-225 -
A By-law to authorize an
Right of the Province of
Industry and Tourism.
agreement with Her Majesty the Queen in
Ontario as represented by the Minister ef
No. 80-226 -
A By-law to amend By-law
Yield Right-of-way signs
(Nlven Street)
No. 6340 providing for the erection of
at certain intersections in the Muuici
No. 80-227 - A By-law to amend By-law No. 7531, being a by-law to provide for~
erection of atop signs at intersections. (Otter Street)
No. 80-228 - A By-law to amend By-law No. 72-132, being a by-law to provide fox
the use of parking meters on streets. (Kitchener Street)
No. 80-229 - A By-law to provide monies for general purposes.
Carried with
Puttick and
voting contrary on
By-law 80-220 and
others voting
ORDERED on the motion of Aldennan Sobol, seconded by Alderman Fera, that the
'fol!~wiug by-laws be now read a second and third time:
No. 80-220 - A By-law to authorize an agreement with Niagara Falls
Fire Fighters, Local 528 of the International Association of FiFe
Fighters.
..... Ii
No. 80-221 -
- 11 -
A By-law respecting the improving and widening of part of Valley
Way.
No. 80-222 -
No. 80-223 -
No. 80-224 -
No. 80-225 -
A By-law to stop up and close and to authorize the sale and convey-
ance of part of Smith Avenue according to Registered Plan No. 139
for the former Township of Stamford.
A By-law to authorize the execution of an agreement with Antiryas
Kalaycioglu and Abraham Aghamanoukian respecting Lot 13 according
to Registered Plan No. M-67 being the Falls Industrial Park Extension.
A By-law to amend By-law No. 80-203, being a by-law to authorize
an exchange of lands with the Greater Niagara Transit Commission.
A By-law to authorize an agreement with Her M~jesty the Queen in
Right of the Province of Ontario as represented by the Minister of
Industry and Tourism.
No. 80-226 -
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.
(Niven Street)
No. 80-227
No. 80-228
No. 80-229
A By-law to amend By-law No. 7531, being a by-law to provide for the
erection of stop signs at intersections. (Otter Street)
A By-law to amend By-law No. 72-132, being a by-law to provide for
the use of parking meters on streets. (Kitchener Street)
A By-law to provide monies for general purposes.
Carried with Aldermen
Puttick, and Schisler
voting contrary on
By-law 80-220 and all
others voting in favour.
NEW BUSINESS
LIQUOR LICENCES FOR FAST FOOD OUTLETS
In response to a question raised by Alderman Graaskamp, the City Clerk
advised that the Social Planning Council has established a special committee
to study the advisability of having liquor licences in fast food outlets, and
the committee hopes to submit a report within a few weeks.
COMMENTS OF MAYOR THOMSON
Mayor Thomson extended a welcome to the members-elect of City Council,
Mrs, Paisley Janvary, Mr. Norm Baker, Miss Judy Orr, Mr. Vince Kerrio Jr. and
Mr. Tom Somerville. The Mayor also thanked those members of Council who
would not be serving on the 1981-82 Council for their contribotions. Mayor
Thomson 'expressed his appreciation to Regional Councillor Mitchelson for his
work on behalf of the City for many years, noting that Mr, Mitchelson would
not be returning to public office in the next term.
It was moved by Alderman Chessman, seconded by Alderman Cummings, that
the meeting adjourn. Carried Unanimously.
READ ANDADOPTED,
J.L. COLLINSON, CITY
MaYOR WAYNE THOMSON
FORTY-FIRST ~fEETING
Committee Room #1
November 21, 1980
COMMITTEE OFT HE WHOLE
Council met on Friday, November 21, 1980 at 7:30 p.m. in Committee of
the Whole. All members of Council were present with the exception of Aldermen
Merrett, Puttick, Schisler and Mackenzie. Alderman Orr presided as Chairman.
Following consideration of the items presented, it was moved by
Alderman Fera, seconded by Alderman Cheesman, that the Committee of the Whole
arise and report during formal session. Carried Unanimously.
READ AND ADOPTED,
Council Chambers
November 21, 1980
Council met on Friday, November 21, 1980 at 8:00 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Aldermen Merrett, Puttick, Schisler and Mackenzie. His; Worship,
Mayor Thomson presided as Chairman, and offered the Opening Prayer.
REPORTS
No. 641 - City Manager - Re: Closed Circuit Telecast of Duran/Leonard Fight.
The report recommends passage of a by-law to authorize an agreement with
458143 Ontario Inc. for the purpose of holding the closed circuit television
ahowing of the Sugar Ray Leonard/Roberto Duran World Welterweight Championship
Fight on Tuesday, November 25, 1980 at the Niagara Falls Memorial Arena.
In response to a question raised by AIderman Cummings, the City Manager
advised that the original financial backer for the event, Mr. St. Louis, had
not been able to proceed for a number of reasons. The cost to obtain coverage
had increased from the $15,000 charged for the Ali/Holmes fight to $32,500
for the subject event, and Mr. St. Louis had not as yet received his share
of the insurance benefits to be paid as a result of the equipment failure on
the first fight. The City Manager further explained that Mr. McCarthy, of
tILe numbered company was going to participate with Mr. St. Louis in the venture,
and when :Mr. St. Louis withdrew, Mr. McCarthy had to make the decision whether
or not to proceed on his own. The agreements had been drawn up and approved
by those involved, and could be approved by Council. Alderman Cummings asked
if the City was aware of the persons involved in the numbered company. The
City Manager indicated that only Mr. McCarthy was involved.
IORDERED on the motion of Alderman Dilts, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
See By-law No. 80-23_.0
No. 642 - City Manager - Re: Committee of Adjustment Application A-65/80, D. &
S. Dicienzo, Colonial Inn Motel, 5591 Victoria Avenue at Walnut Street. The
report advises that an application has bean made to the Committee of Adjustment
for a 3 ateray addition to an existing 3 storey motel on Victoria Avenue at
Walnut Street.
ORDERED on the motion of Alderman Orr, seconded by Alderman Alderman Grasskemp,
that the report be received and filed. Carried Unanimously.
No. 643 - City Manager - Re: Niagara South Board of Educativn Preliminary Report
of the School Organization Study Team - Proposed School Closings and Dispositions.
The report recommends that the comments of the Planning staff and Recreation
staff be passed on to the Niagara South Board of Education for consideration
and further discussion, and further that the Board be encouraged to involve
agencies such as the Social Planning Council by asking them for input on their
proposals.
-2-
Mayor Thomson requested that copies of the report be sent to the
individuals who had addressed Council previously on this matter.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Hinsperger,
that the report be received and adopted. The. motion Carried with
Aldermen Cheesman and Sobol abstaining on a conflict of interest, and
all others voting in favour.
No. 644 - City Manager - Re: Snow Removal Equipment - 1980-81 Winter Season.
The report recommends that the hourly rental rates quoted on the basis of a
70 hour guaranteed minimum by Modern Crane Limited. for the supply of two
one-way plows equipped with a wing and by J..Hutchinson Snow Removal for the
supply of three 4-wheel drive vehicles equipped with plows be accepted.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
No. 645 - City Manager - Re: Municipal Accounts. The report recommends
payment of the municipal accounts.
ORDERED on the motion of Alderman Orr, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
VERBAL REPORT - City Solicitor - Re: Transfer of Commercial Air Service to
Pan-Air Helicopters Ltd. The City Solicitor indicated that he had contacted
Mr. A. MacBain, M.P. regarding Council's desire to pursue the possibility
of having the matter dealt with at a public hearing, and had been advised
that the Minister of Transport felt he was not in a position to take any
action as the Air Transport Committee had made its decision. According to
the Licensing Division of the Ministry, there is an appeal to the
Minister under Section 25 of The National Transportation Act, even in a
situation where it is not a new licence but the transfer of an existing
licence. The City Solicitor stated that if Council wished to pursue an
appeal, the decision would have to be made now, since the thirty day period
for appeal will expire prior to the next Council meeting. The City Solicitor
also indicated that if Council chose to appeal the decision, two factors
should be taken into consideration by the Council: 1) There is no guarantee
that an appeal to the Minister would mean a public hearing would be held.
The A.T.C. did not feel a public hearing was warranted, an~'~the Minister might
be of the same opinion. The City Solicitor suggested that representation
should be made at the political level to the Minister in this regard.
2) The Act provides that the Commission can award costs as a result of the
proceedings. In the event the City were unsuccessful in its appeal, the
costs could be awarded against the City.
Alderman Cummings felt the City should proceed with an appeal, since it
could be the last time there would be an opportunity for the City to protect
the interests of the area residents. I
In response to a question raised by Alderman Graaskamp, the City Solicitor
stated that since the A.T.C. had not considered the City's position sufficient
strong to warrant a hearing, the probability of success was limited. With
respect to costs, the City Solicitor indicated that the costs could be in
accordance with any scale the Commission directs. If they were on the basis
of the Supreme Court scale, they could very well start at $10,000 or higher.
In view of the information provided by the City Solicitor, Alderman Craaekamp
felt the case was air-tight against the City, and it would be a waste of
taxpayers' money to pursue the matter further. The Alderman felt the City
was not in a position to be appealing the decision since the City was not
involved in the transportation business itself.
Alderman Chessman asked if the appeal were successful, if the City could
assume that Pan-Air would lodge a counter suit against the City to try and
recover lost interest. The City Solicitor felt that since the decision would
be made by the Miniater the City would not be considered responsible, however
the applicants could allege that the City had put them to unnecessary expense
and coats could be awarded against the City.
Mayor Thomson commented that if the City did not take any action, the
Council would have to hear the complaints of the residents every summer without
having any Jurisdiction to act. The Mayor felt the City should make this last
~ffort to deal with the matter.
Alderman 8obol cor~nonted that it appeared the decision of the A.T.C. had
been merely "rubber stamped" and nobody had been given an opportunity to
to the transfer.
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Following further comment, it was moved by Alderman Cummings, seconded
by Alderman Sobol, that the City lodge an appeal on the citizens' behalf.
The motion Carried with the following vote:
AYE: Aldermen Cummingg, Hinsperger, Orr, Sobol and Mayor Thomson.
~AY.__~E: Aldermen Cheesman, Dilts, Fera and Graaskamp.
RESOLUTION
No. 80 - FERA - CUMMINGS _ RESOLVED that Alderman Mary Sobol be appointed as
Acting Mayor for the period of November 23rd - 30th, 1980; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimousl~x
No. 81 - GRAASKAMp _ CUMMINGS _ RESOLVED that a message of condolence be sent
to the family of the late Mr. George Monaghan Jr., a loyal City employee and
respected member of the community. AND the Seal of the Corporation be hereto
affixed. '
Carried Unanimously
RATIFICATION OF COMMITTEE OF THE WHOLE DECISION
Report No. 646 - City Solicitor - Re: R.V. Anderson Associates Limited and
Update of Storm S~wer Port~f~on~f 1968 Flood Control and Pollution Abatement.
The report recommends that if Council accepts the recommendation of the
Finance Committee and the Consultant agrees to accept the reconmended payment
of the additional $24,000 over the contract price in full settlement, the
following conditions be met: 1) Subject to verification of the invoices
by the City's engineers that the Consultant be paid $11,890.76 on account
of the unpaid invoices at this time; and 2) That the recommended additional
payment of $24,000 be paid by the City upon receipt of the full grant from
C.M.H.C. and the Consultant's completed report.
Mr. J. Conlin of R.V. Anderson Associates Limited, was granted permission
to address Council on the motion of Alderman Cheesman, seconded by Alderman
Cummings. Mr. Conlin indicated that his firm was prepared to accept the decision
of Council as it had been recommended, provided there was nothing to hold up
receipt of the grant from C.M.H.C. Since payment was conditional upon receipt
of the grant, Mr. Conlin felt his firm could accept the recommendation provided
payment of the grant was not held up by third parties beyond the firm's control,
such as the City or C.M.H.C. It was further stated that there would be no
extra requests for payment assuming no extra work is required of the firm by
the City.
In response to a question raised by Mayor Thomson, Mr. Conlin stated
that the City had required the Chippawa portion of the project to be carried
out first. Once completed, the work was submitted to the City and the firm
waited for a considerable time for comments to be received not only from the
City but C.H.M.C. There were some differences of opinion about the terms of
reference, however these were sorted out. Once the comments on the Chippawa
portion of the work were received out, work commenced again. Mr. Conlin hoped
that the final report would be completed in another three weeks. In response
to a question raised by Alderman Cummings, Mr. Conlin stated that according to
his staff, the City was aware the firm had slowed down and practically stopped
work. Mr. Conlin commented that the City did not agree on this point, but
the important thing was that work was proceeding and would be finished soon.
The Director of Municipai Works stated that as far as the City was concerned,
staff had not been aware of the slow-down.
Following further comment, it was moved by Alderman Cheesman, seconded
by Alderman Craaskamp, that the report be received and adopted. Carried
Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cununings,
that leave be granted to introduce the following by-laws, and the by-laws
be read a first time:
No. 80-230 - A By-law to authorize a license agreement with 458143 Ontario Inc.
No. 80-231 - A By-law to authorize the execution of an agreement with Richard
Collee Trucking and Excavating Ltd. for the demolition of buildings.
-4-
No. 80-232 - A By-law to provide monies for general purposes.
Carried Unanimously
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that
the following by-laws be now read a second and third time:
No. 80-230 - A By-law to authorize a license agreement with 458143 Ontario Inc.
No. 80-231 - A By-law to authorize the execution of an agreement with Richard
Collee Trucking and Excavating Ltd. for the demolition of building~
No. 80-232 - A By-law to provide monies for general purposes.
Carried Unanimousl~
NEW BUSINESS
PROMOTION OF FIGHTS
Mayor Thomson asked if it would be possible for a charitable or non-profit
group to purchase the rights to the showing of an event such as a championship
boxing match, on behalf of the City, so that any profits made would go to the
group as opposed to private business individuals. The City Solicitor felt that
if there was some other group able to come forward and get the rights without
being connected with any particular promoter, he could not see any problem.
The big difficulty would be for a charitable group to raise the amount of
money required to purchase the rights from the Canadian promoter. Another
problem would be the financial risk to the charitable group in the event of
poor ticket sales. Mayor Thomson felt it would be advisable to have a report
prepared on the matter. The City Solicitor suggested that the Promotions and
Facilities Co-ordinator should be involved in any report the Legal Department
would be preparing.
It was moved by Alderman Cheesman, seconded by Alderman Orr, that a report
be prepared on the possibility of having charitable groups'B~onsoring such
events. Carried Unanimously.
It was moved by Alderman Dilts, seconded by Alderman Sobol, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPT ,
MAYOR WAYNE THOMSON
~IRST M~ETINq
Council Chambers
December 1, 1980
INAUGURAL MEETING
In accordance with the provisions of The Municipal Act and By-law No.
7268 of the City of Niagara Falls, the Council met at 5:00 p.m. in the Council
Chambers at City Hall. The Council included His Worship, Mayor Wayne Thomson,
and Aldermen Norman Baker, Charles Chessman, Patrick Cummings, Donald Dilts,
Anthony Fera, Paisley Janvary, Vince Kerrio Jr., Brian Merrett, Judy Orr,
Norman Puttick, Harry Schisler and Thomas Somerville. All members of Council
were present.
The Statutory Declarations of Office and Qualifications were filed with
the City Clerk when the Oaths of Office had been taken by His Honour Judge
Johnstone Roberrs.
It was then Ordered on the motion of Alderman Cheesman, seconded by
Alderman Cummings, that a vote of thanks be extended to His Honour Judge Johnstone
Roberts for administering the Oaths of Office to His Worship, Mayor Thomson and
the members of Council. Carried Unanimously.
Father Joseph O'Brien offered the following Prayer of Invocation:
Most loving Father, the whole world is full of your glory, yet we
live in a community extraordinarily blessed with signs of your beauty
and strength. We commend this community to your merciful care, that
we may follow your guidance and live in peace.
Give to our Mayor and to the members of City Council of Niagara. Falls
wisdom and strength to know and to do your holy will. Fill them with
the love of truth, honesty and kindness. Make them always remember
that they are your servants called to lead and serve this City for
the good of all your people.
We ask this, Father, through Jesus Christ our Lord, who lives and
governs with you and the Holy Spirit, our God now and forever. Amen.
Following the Invocation, it was Ordered on the motion of Alderman Dllts,
seconded by Alderman Fera, that Father Joseph O'Brien, the Officiating Clergyman,
be thanked for his presentation of the Prayer of Invocation and soliciting
Divine Guidance for the 1981-82 Council. Carried Unanimously.
His Worship, Mayor Wayne Thomson then delivered his Inaugural Address:
Reverend Sir, Bonoured Guests, Members of Council and Friends:
Welcome to the 1980 Inauguration Ceremony. I am very pleased and deeply
honoured to again be part of the installation of the new Council and to be given
the opportunity of serving our community as your Mayor for the next two years.
Many thanks to those of you in attendance - your presence has added
significance to the occasion. I wish that it were possible for all those who
supported me during my campaign and during the last two ysars to be here in'
person today to share this moment with me.
During the next two weeks ceremonies similar to those held here this
afternoon will be held in many municipalities throughout the Province of
Ontario. In each case, the head of the municipality, in accepting office,
will search for those remarks which will provide encouragegent, a challenge,
and even a bit of inspirationto those assuming the reins of responsibility.
I share their desire to have my comments be of a unique or refreshing nature
and different from those used two years ago when I found myself in a
similar situation. However in retrospect, I find that some of the remarks
made in my previous Inaugural Address must be repeated~ as their importance
has not in any way lessened.
Before addressing those matters which are of concern to the incoming
Council, I would like to express my personal appreciation to all those who
supported me during the past two years and worked so hard during the recent
election campaign. I am very grateful for this support and I would now ask
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that your enthusiasm and interest be directed to supporting the new
administration. I am also grateful to the electorate who again have
expressed their confidence in me by re-electing me to office.
The past election campaign was not without its notable "differences
of opinion" - regardless of this I would like to thank all those who allowed
their names to stand for office. Our democratic system is built upon the
concept of providing the electorate with a choice of candidates. It would
be unfortunate indeed if this opportunity to choose were not available.
I know that I share the feelings of all the members of the incoming
Council in expressing our thanks to the retiring members. The 1979-1980
Council made a major contribution to the development of our City and each
of the retiring members can be Justly proud of his or her individual
contribution. I wish you all the very best in all future endeavours.
To the members of the incoming Council, may I solicit your participation
in the team approach in running our City for the next term. I feel that the
new Council is an excellent blend of youth and maturity and represents a good
cross-section of our Municipality. In fact, it may be a bit unique in that
it is the first municipal Council in our history (to my knowledge) having
the benefit of two female members.
During my previous Inaugural Address I dwelt rather heavily on the
concept of working as a team. While I do not intend to repeat my previous
remarks, I will continue to do everything in my power to foster this
approach. My philosophy has not changed and I remain convinced that
progress is best made when everyone is pulling in the same direction. The
past two years have proved that a team effort was successful - now it is
time to make full use of our potential. As individual Council members we
have no authority; rather, it is only as a collective body that we are able
to exercise the power granted to us by legislation. The decisions reached
in this Chamber will continue to be a reflection of our consolidated
opinions.
To those of you who were successful at the polls, my~hcere congrat-
ulations. I look forward to having you as members of our team, and to those
who are assuming office for the first time, I welcome your iramediate
participation. I am sure that the realization of your responsibilities in
acting as a member of the board of directors of a 45-million dollar
corporation may at first appear to be a bit overwhelming. It is quite a
challenge but one I am confident we can successfully meet together.
I am sure that each of us has certain objectives for the forthcoming
term. We must first, however, determine how we see ourselves during the
next term. As a Council, should we be content to assume a "housekeeping"
role - passing accounts, doing the routines (which must be done)? Or
conversely, should we be viewed as being prepared to institute new ideas -
to be emovers and shakers"? The choice taken will determine how we will
be remembered. Personally, I prefer the latter! I would hope that the
current Council will be remembered as one with the courage to successfully
implement imaginative ideas. In suggesting such an objective, one runs
the risk of wanting to make change Just for change's sake or forgetting
the statutory l!mttations that are imposed on a municipal corporation.
It~s up to Council how it sees itself as the policy maker of the
Corporation. In trying to ~etermine objectives, we must be very careful
not to suggest those which are premature and unrealistic. There are,
however, certain matters which must be considered immediately by Council.
The fact that considerable was accomplished during the past term is
insufficieut reason to now mark time. gelf-examination and improvement.
must be an on-going process both with Council itself and the administration.
May I Suggest a few matters which I feel deserve our immediate attention.
With the implementation of Regional Government in 1970, a unique ward
system was devised for the Municipality for the election of aldermenlo
representatives - one that has worked quite well. It was intended to and
has provided a guarantee that the residents of all areas of the enlarged
City would be adequately represented. Considerable interest was generated
'during the past few years as to the possibility of decreasing the size of
the Council. The new Co~ncil should imediatcly undertake a review of both
matters - that is, the present ward system and the number of representatives
~n enunctl in order to determine a future course of action, if any is to be
taken. After a decade in operation, a complete review of our method of
representation and a final decision appear to be in order.
- 3 -
During the current month, it will be necessary for Council to consider
aldermanic aPPointments. Unfortunately, during the past ~j~_%~.~ml~l,~Z~
of certain issue
demands upon a certain number
the aPPointments be more evenly
onerous. the workload imposed on any single alderman will
Of the many matters affecting ratepayers in general, the level of
taxation deserves a high priority. We, as Council, would be most unrealistic
and perhaps a bit irresponsible if we were to suggest that no tax increases
would be forthcoming. I am convinced, however, that it is well within our
ability to minimize any increases. It is incumbent upon each member of Council
to examine all expenditures in order that Priorities may be continually revised.
We in the City now find ourselves in a "no-growth" situation which I feel is
not necessarily detrimental. Instead of constantly expanding services, it
may now be possible with the same manpower and dollars to improve existing
services without a corresponding increase in the tax demands. For example,
it may be possible to enlarge and improve those sanitary and storm sewers
which have become antiquated and cause flooding problems. I remain convinced
there are still many areas where the Municipality can achieve greater
efficiency. Several aldermen have already alluded to the Joint use or a
reduction in the number of City vehicles as one area where potential savings
are possible.
One of the matters to be considered early in the new term is the
possibility of establishing a Public Works Committee. An earlier decision
made two years ago to establish a Finance Committee has worked quite well
and I believe that similar successes can be achieved with those complex
matters falling within the Jurisdiction of public works. If the new Council
decides to establish such a committee, one of the first items that could
be considered is the possibility of relieving the Municipality of certain
costly functions which could possibly be handled as efficiently by the
private sector. For example: should the responsibility for the design and
construction of services be shifted to the private sector, subject to the
work receiving the City's approval? A complete re-examination of our
present procedure is certainly warranted. The Municipality might also
consider possible negotiations with the Niagara Parks Commission regarding
their assumption of complete responsibility for River Road.
For the past number of years, particularly since the Love Canal episode
in our neighbouring City, there has been an increasing and warranted importance
placed on those matters affecting our environment. While the initial
Jurisdiction for these matters rests with the Province, I feel that the
Municipality must become actively involved with these issues. We at the local
level are closest to the residents of our area and we must be prepared to
speak on their behalf and support them on matters of such importance as our
environment.
As mentioned on numerous occasions, I feel there are many areas in
which the Municipality must actively participate. For example, I have
suggested to the Niagara Resort & Tourist Association that they implement
a code of ethics. While the complaints received regarding the hospitality
shown by our Municipality are minimal, every effort should be made to
improve the image of the "World~s Best Known Address". To assist the tourist
industry, I will continue to press the Provincial Government to provide
that the sales tax derived from the tourist industry be returned for tourist
promotion.
We live in a rapidly changing society and these changes must be
reflected in our priorities. I mentioned earlier that the growth in
Population for the past year was minimal. A check of statistics illustrates
what has happened. In 1970, 8.72% of the total population of the City was
65 years of age or older. In 1980, which reflected a population increase
of 4 persons over the previous year, we now find that 11.38~ of the population
is now over the 65 age bracket. Obviously this shift will require a
re-examination of such matters ad adequate senior citizen housing. Because
of the drop in the birth rate, we must exercise caution in the overbuilding
of recreational facilities knowing that the full impact of change will be
felt in a few years. Our school system is presently feeling the effect
of these changes and every effort must ba made to maximize the use of
municipal facilities, knowing that future demands upon them will probably
moderate.~
-4-
During my past team of office, I placed a very high priority on
keeping the electorate fully informed on all matters and I intend to
continue this practice. It is hoped that oer service to the public
in providing information will be strengthened through a public information
bureau operated through the City Clerk's Department.
I would like to solicit the co-operation of the Regional Councillors
in the many matters affecting our City. I realize the difficult situation
that often arises and the feeling at times of trying to serve two masters.
These are areas where a decision is difficult. One such area is the need
to preserve the B.I.G. Agency. Until the Province enacts legislation to
remove any benefits which might accrue to municipalities having industries,
each municipality must remain in a competitive position.
I cannot speak of the Region without expressing our thanks to
Mr. Ed Mitchelson, dean of our elected representatives, who decided to
retire from active politics. His contribution to this Municipality and
to the cause of local government in Ontario will not be easily matched.
Thank you very much, Ed, for your excellent contribution.
There are many other matters which deserve the Council's inmediate
consideration such as the continued support and strengthening of our
established business areas. In this respect, relief from parking requirements
and the location of supporting residential facilities are Just two examples
of the factors which must be studied.
I have also contacted the student bodies of our secondary schools to
again examine the possibility of establishing a youth council in order that
our decisions may reflect the opinions of all age groups.
Several years ago, the City established a committee to investigate the
possibility of having the Province build new court facilities to complete the
complex initially proposed for the Queen/Huron area. Unfortunately, because
of curtailment on Provincial funding, the committee was allowed to become
dormant. Present demands upon existing court facilities in Niagara Falls
have become alarming, requiring an over-increasing use of ~tky Hall facilities
to handle the overflow. I would suggest that the court house committee be
re-activated as soon as possible in order that a full presentation be made
to the Province on the need for new Provincial Court facilities in our
area.
During the next two years, we as a Council will continue to depend
heavily upon municipal staff. If we consider ourselves to be the policy
makers of the municipality, those policies we formnlate will be meaningless
unless and until they are implemented..It is often the mahner in which
policies are carried out that forms the basis on which we and our entire
administration are Judged. The secretary, the snow plough operator, the
arena attendant, the fire fighter, the refuse collector, together with
many others, are the people who, in co-operation with us, can make it work.
I would personally like to convey my thanks to all members of staff for
their co-operation during my first term of office and I solicit their
continued support.
In the recent election campaign, I repeatedly stated that our City is
on the right track. I used the phrase because I believe it to be true. We
are on the right track because teamwork works|
We live in a great City - I am proud to be associated with it and I
hope that every resident of our City will share that pride.
The foregoing comments are but a few of the ideas which, in my opinion,
are of importance and should be shared with the members of Council and the
electorate. I know each of you will have your own and I ask that you share
them as well.
Now in closing, as we enter the festive season, may I take this
opportunity to convey my best wishes for a most meaningful and blessed
Christmas and a New Year filled with good health, happiness and prosperity.
******
Following presentation of the Inaugural Address by His Worship, Mayor
Thomson, it was Ordered on the motion of Alderman Marrett, seconded
Alderman ~uttick, that the Mayor's Inaugural Address be included in
minutes of the meeting. Carried Unanimously.
-5-
ADJOURNMENT
ORDERED on the motion of Alderman Schisler, seconded by Alderman Janvary,
that the meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
l!
SECOND MEETING
Committee Room #1
December 8, 1980
COMMITTEE OF THE WHOLE
Council met on Monday, December 8, 1980 at 7:00 p.m. in Committee of the
Whole. All members of Council were present with the exception of Alderman
Puttick. Alderman Chessman presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
READ AND ADOPTED,
CITY CLERK
}L~YOR WAYNE THOMSON
Council Chambers
December 8, 1980
Council met on Monday, December 8, 1980 at 7:35 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman Puttick. His Worship, Mayor Thomson presided as Chairman.
Alderman Cheesman offered the Opening Prayer.
PRESENTATION
His Worship, Mayor Thomson and Acting Superintendent R. Gillies of the
Niagara Regional Police presented the Royal Canadian Humane Association Bronze
Medal for Bravery to Mr. Peter White. Mr. White, an employee of Frank Fiore
& Son Salvage, was instrumental in saving the life of Mr. Mike Melymuka when
he was set on fire while transferring gasoline to an underground storage from
his truck. Mr. White wrapped Mr. Melymuka in a blanket and threw him to the
ground to put out the fire. Mayor Thomson and Acting Superintendent Gillies
commended Mr. White for his presence of mind and fast action in assisting
Mr. Melymuka.
UNFINISHED BUSINESS
NIAGARA SOUTH SCHOOL REORGANIZATION PROPOSALS
Report No. 1 - City Manager - The report advises that the Niagara South Board
of Education is in the process of considering written submissions and the verbal
presentations and revised proposals will be prepared within a few weeks. There
will be two Board meetings at which the revised proposals will be considered
and these meetings will be open to the public.
AND
"Con~nunication No. 1 - Niagara South Board of Education - The communication
advises that the date for final decision-making regarding school reorganization
has been extended into the new year.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the
report and communication be received and filed. Carried Unanimously.
COLLECTION OF CARDBOARD IN THE DOWNTOWN BUSINESS AREA
Report No. 2 - City Manager - ~e report recommends that the City continue to
collect cardboard wastes as part of the normal waste stream in the downtown
business area until an alternative method of collection and disposal is found,
and further that staff proceed with evaluating the feasibility of either partial
or complete elimination of waste cardboard from the City's waste stream by
utilizing the services of N-Tec.
Alderman Cummings felt that the Landfill Site Committee should make this
a priority item and make every attempt to preserve the life of the Landfill Site
as soon as possible.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
2
AGREEMENT WITH T.G. BRIGHT & COMPAN~ LTD.
Report No. 3 - City Manager - The report recommends that City Council
request the Regional Municipality of Niagara to provide notice in writing
that the Regional Council has decided not to locate the proposed Regional
Headquarters building on a site owned by T.G. Bright & Company Limited,
and located in Parts of Township Lots 27 and 14 of the said former Township
of Stamford, now in the City of Niagara Falis.
ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
COMMUNICATION FROM ME. FELIX DELUCA - KU KLUX KLAN
Report No. 4 - City Manager - The report recommends that the Council of
the City of Niagara Falls support a resolution initiated by the City of
Kitchener for certain amendments to the Criminal Code to provide that a
person would be guilty of an offence for being a member of an organization
where the sole or primary purpose of such an organization was to harass
or intimidate any person or groups on the grounds of race.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett,
that the report be received and adopted. Carried Unanimously.
POSSIBLE PURCHASE OF OLD POLICE BUILDING
Report No. 5 - City Manager - The report recommends that the Mayor and
Clerk be authorized to complete a mutual release form releasing the Niagara
Falls Regional Real Estate Association from any claims arising from the
submission to the City of Agreements of Purchase and Sale, said agreements
dated October lOth and October 29th, 1980, covering the possible purchase
of the old Police Building.
In response to a question raised by Alderman Cummings, the City Clerk
indicated that he has been in contact with persons who had expressed an
interest in the building recently and in the past to advise that the building
would be for sale again. The City Clerk also advised that the deposit
paid by the Real Estate Association would be refunded, sin~'~he purchase
had been sabJect to ratification by the membership.
ORDERED on the motion of Alderman Fera, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
MOUNT FO.REST II SUBDIVISION
Communication No. 219 - Mr. B. Sinclair - The communication requests that
Council permit the servicing of Woodgate Street in the subject subdivision.
Mayor Thomson indicated that the applicant had requested the matter
to be tabled for one week.
ORDERED on the motion of Alderman Fore, seconded by Alderman Schisler, that
the communication be tabled for one week. Carried Unanimously.
DRAINAGE COMPLAINT - MRS. S. RODGERS, 6763 WILINGER STREET
Report No. 6 - Drainage Committee - The report recommends that no further
action be taken by the City on the drainage complaint received from Mrs.
Rodgets, and that a copy of the report be sent to Mrs. Rodgets.
Alderman Dilts provided additional information on the report.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that
the report be received and adopted. Carried Unanimously.
COMMUNICATIONS
No. 1 - Land Division Committee - Re: Appointment of Mr. P. Pasquet as Cha~m~:~
The communication advises that Mr. P. Pasquet of Niagara Falls has been appoint
Chairman of the Committee for the 1981 term.
i d e d f u
Mr. Pasquet. Carried Unanimously.
No. 2 - Regional Municipality of Niagara - Re: 1980 Assessed Population Data.
The communication provides information on the 1980 assessed population,
including Regional population change from 1979-80, Regional population change
in the 1970'8 and recent changes in the age structure of the Regional populstt
ORDERED on the motion of Alderman Fare, seconded by Alderman Dilts, that the
communication be received and filed. Carried Unanimously.
- 3 -
No. 3 - RJgional Muni~ipa~itj of Niagara - Re: Ontario Industrial Park Program
Loan. The communication provides inform~ation covering an application to the
Ministry of Industry and Tourism by the City of Port Colborne for a loan under
the Ontario Industrial Parks Loan Program.
Mayor Thomson expressed concern that this type of program was in effect
particularly since the City had purchased industrial lands several months
earlier. The City Manager explained that the loan program had been existence
for some time, however it only applied to eastern and northern Ontario. The
City Manager further explained that he and the Industrial Commissioner of the
B-I.G. Agency would be preparing a report on the availability of funds under
the program.
Alderman Cummings suggested that some communication be made with Port
Colborne officials to determine how they had learned of the Program, and
whether they were privileged to some information City staff was not. ~yor
Thomson suggested that the report provide an indication of how long the
Program had been in effect for municipalities in this area.
ORDERED on the motion of Alderman Fera, seconded by Alderman Merrett, that
the communication be received and filed, and further that a report be prepared
on the availability of monies under the Ontario Industrial Park Loan Program.
Carried Unanimously.
No. 4 - City of Thorold - Re: Walker Brothers Ouarryo The communication
requests that Council consider a proposal for ~ cost sharing team at any
possible up-coming environmental hearing.
Mayor Thomson felt that the request was somewhat out-dated due to the
decision made by the Province to locate the proposed liquid waste disposal
facility in Cayuga.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that
the request of Thorold for the City to participate in a cost sharing, arrange-
ment be held in abeyance and considered if and when an environmental hearing
is held with respect to the Walker Bros. site. Carried Unanimously.
No. 5 - Regional Municipality of Niagara - Re: Roof Repairs - Dorchester Manor.
The communication requests that the Region not be required to apply and pay
for a building permit to carry out roof repairs at Dorchester Manor in Niagara
Falls.
Alderman Cummings pointed out that he had seen people on the roof of
the building earlier that day even though no permit had been issued. Mayor
Thomson suggested that the Region might be trying to get the work completed
before the weather became worse.
In response to a question raised by Alderman Merrett, the City Manager
stated that the Federal and Provincial governments do obtain a permit when
required. The Alderman stated that if the City is charging the Province,
the Federal Government and any taxpayer applying for a permit, there was no
way the Region could be exempted.
The Deputy Solicitor stated that under the Building Code Act, construction
of buildings requires a permit, and construction includes repair or substantial
material alteration. The repairs that are being undertaken by the Region are
of a substantial nature, costing in the area of $358,500, and for that reason
--a permit is required. The City's By-law states that a fee is charged for a
permit, and if a permit is required, a fee has to be paid.
Alderman Cheesman pointed out that if the construction is going to take
place, inspections will be required, and there will be a cost to the City
involved.
In response to a question raised by Alderman Cummings, the Director of
Municipal Works indicated that he was not aware of any similar situations
where a Regional permit involved a fee. The City Manager indicated that even
when the City required a building permit, the fee is paid in accordance with
the by-law.
ORDERED on the motion of Alderman Kettle, seconded by Alderman err, that the
ReEional Municipality of Niagara be advised that a building permit and payment
for same will be required for the roof repairs to Dorchester Manor. Caxried
Unanimously.
No. 6 - Committee Against Rape and Sexual Assault - Re: Raffle Lottery Permit.
The communication requests that permission.be granted to sell raffle tickets
-4-
in Niagara Falls under a Welland Raffle Lottery Licerice.
AND
No. 7 - Kinsmen Club of Fonthill and District - Re: Ontario Lottery Licerice.
The connnunication requests permission to sell 500 to 750 raffle lottery tickets
in Niagara Falls under a Provincial Lottery Licence.
In response to a question raised by Alderman Cunnnings, the Deputy City
Clerk explained that the City's policy on out-of-town groups related to the
granting of licences, whereas the requests were for permission to sell tickets
in Niagara Falls. In the case of C.A.R.S.A., the local chapter would benefit
from the lottery and are in favour of the Welland group selling tickets locally.
In the second request, the local Kinsmen will not benefit from the lottery,
but are not opposed to the sale of tickets locally. Alderman Cummings pointed
out that in the past, some clubs have had problems getting'into other
municipalities because only local clubs could have raffles or sell tickets
unless the out-of-town group was sponsored by a local club or there would
be somelocal benefit as a result of the raffle. The Alderman hoped other
municipalities in the Region would co-operate when Niagara Falls groups made
similar requests.
Alderman Chessman suggested that the City adopt a policy whereby any
approval granted would be on the understanding that the corresponding local
organization would endorse the lottery, to ensure local groups are not in
competition with out-of-town organizations. Alderman Cummings pointed out
that such a policy could lead to problems with out-of-town groups using
local organizations as a front to raise funds to be used in another area.
The Alderman felt that any such policy should be referred to the monitoring
committee set up to review such matters.
Following further comment, it was moved by Alderman Fera, seconded by
Alderman Cummings, that the requests be approved. Carried Unanimously.
No. 8 - Association of Municipalities of Ontario - Re: Seminars for Newly
Elected Councillors. The communication advises that a series of workshops
has been arranged in order that newly-elected municipal representatives can
obtain an overview of the many aspects of local government.~
Alderman Herrerr indicated that he had artended this seminar previously,
and recommended it highly to the new members of Council.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett, that
all newly elected and any other members of Council be encouraged to attend
the seminar to be held in St. Catharines on March 13th and 14th, and that
the Municipality assume the registration fee. Carried Unanimously.
REPORTS
No. 7 - City Manager - Re: Dedication of Road Widening Site Plan Control. The
report recommends adoption of a policy with respect to the provision of land
for road widening, free of charge, as a condition of approval of plans for
developments in site plan control areas, and that the Regional Municipality
of Niagara be requested to endorse this policy as it relates to Regional roads.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett,
that the report be received and adopted. Carried Unanimously.
No. 8 - City Clerk - Re: AM-11/79, Restricted Area By-law 79-154, and Official
Plan Amendment No. 108, Romeo Construction Ltd. The report advises that the
Ontario Municipal Board will.~approve Official Plan Amendment No. 108 in its
present form and By-law No. 79-154 if Council passes an amending by-law to
provide for certain conditions."'
Mayor Thomson pointed out that in the Board's decision, the comment was
made that objections should be more specific and idle objections will not be
conside~ed seriously.
Alderman Gheesman felt that the decision would mean "open season" for
River Road and the only way to prevent indiscriminate development is for the
City to come up with a plan for the area. The Planning Director indicated
that it was intended to have a report on planning for the River Road area
submitted to Council in mid January. Alderman Merrett suggested that any
repor~ on the River Road area should not be finalized until the traffic,
parking and touriam study is completed and can be tied in.
ORDERED on the motion of Alderman Fete, seconded by Alderman Cummings, that
thereport be received and filed. Carried Unanimously.
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No. 9 - City Manaege~r _ Re: AM-25/79 R.M
The report recommends Passage of a ~y-la~ Cushing, 5633 Dorchester Road.
in Place of By-law No. 79-194
as directed by the Ontario Municipal Board decision on April 8, 1980.
The City Clerk indicated that the report should be withdrawn.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings
that the report be withdrawn. Carried Unanimously. ,
No. 10 '~er - Re: Possible Appeal of Land Severances B-460/80
and B-461/80, BolusLRevelas_Bolus Limited. The report recommends that
staff be authorized to appeal to the Ontario Municipal Board the decision
of the Land Division Committee on the subject aPPlications, and further
that lodging of the appeal be held off until the last date (December 18,
1980) in order to allow the applicants an opportunity to enter into an
agreement with the City. If an agreement is reached, the appeal would
not be lodged.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Somerville,
that the report be received and adopted. Carried UnanimouslZ'
No. 11 -Ci~ Manager - Re: Request of A. Seifried Builders Ltd. to Repeal
By-law 80-65, Being a By-law Exempting Certain Lands from Part Lot Control
and a Further Request to Terminate the Agreement Authorized by By-law 80-64.
The report recommends approval of a request as contained in a letter dated
October 28, 1980 from R.J. Ure, and that a by-law be Prepared to repeal
By-law 80-65, being a by-law to designate Lots 20 to 28 inclusive, Plan M-52
not to be subject to part lot control, and a further by-law be prepared to
authorize the termination of the agreement with A. Seifried Builders Ltd.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 12 - City Manager - Re: Renewal of Lease - Ministry of Government Services,
Provincial Court Facilities, 4300 Queen street. The report recommends that
the Mayor and Clerk be authorized to execute an offer to renew a lease for a
period of one year from January 1, 1981, for the premises known as 4300
Queen Street (the old City Hall) at a yearly amount of $58,186.75 yearly
payable $4,848.90 monthly in advance.
The Mayor and City Manager provided additional information in response
to a number of questions raised. Alderman Cummings suggested that since the
building is one of the largest in the Downtown area, staff'should investigate
future use of the building.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 13 - City Manager - Re: Update of Need and Demand for Rent Assisted
Housing. The report recommends that the Ministry of Housing be requested
to carry out a "Need and Demand Survey" in Niagara Falls for rent assisted
housing bothfor Family and Senior Citizen units.
The Planning Director provided additional information on the matter.
Alderman Cummings suggested that a copy of the report be forwarded to the
Social Planning Council.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
-.No. 14 - City Manager - Re: Fruitbelt Trucking Inc. The report recommends
passage of by-laws to amend By-law 80-66 being a by-law to authorize the
acceptance of a conveyance and to lay out and establish lands as Fruitbelt
Parkway, and to authorize the execution of a grant of easement to Fruitbelt
Trucking Inc.
ORDERED on the motion of Alderman Fete, seconded by Alderman Somerville, that
the report be received and adopted. Carried Unanimously.
See By-laws 80-233
and 80-234
No. 15 - City Manager - Re: Encroachment - 4942 Kitchener Street. The report
recommends approval of an application and passage of a by-law to permit the
continuation of an encroachment of a dwelling on the Kitchener Street road
allowance.
ORDERED on the motion of Alderman Herrerr, seconded by Alderman Schisler~ that
the report be received and adopted. Carried Unanimously.
See By-law No. 80-23~
m
6
No. 16 - City Manager - Re: Request of 311813 Ontario Limited to Encroach
on the Ontario Avenue Road Allowance and to Purchase One-Half of the Public
Laneway Adjacent to Lots 146, 147 and 148, Plan 294. The report recon~nends
passage of by-laws authorizing certain encroachmeats on the Ontario Avenue
road allowance and to authorize an application for the closing and sale of
one-half, or 7~ feet of a municipal laneway immediately adjoining Lots 146,
147 and 148, Plan 294.
ORDERED on the motion of Alderman Marrat,, seconded by Alderman Fare, that
the report be received and adopted. Carried Unanimously..
See By-laws 80-236
and 80-237
No. 17 - City Manager - Re: Purchase of Lawn Mowers. The report recommends
that the quotation of Pinder's Lawn & Leisure for the supply of ten 1981 Model
Super Commercial and six 1981 Model Heavy Duty lawn mowers be accepted.
The Projects & Services Engineer provided additional information on
the report in response to a question raised by Alderman Orr.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville,
that the report be received and adopted. Carried Unanimously.
See Resolution No.l
No. 18 - City Manager - Re: Supply of Clay Seal - Mountain Road Sanitary
Landfill Site. The report recommends that subject to the Minister of Housing
clearing the Development Permit applied for by Gauld Nurseries Limited, the
City of Niagara Falls enter into an agreement with Gauld Nurseries Limited
for the purpose of permitting the removal of clay from this company's property
on the west side of Garner Road and the City of Niagara Falls make application
to the Ministry of Natural Resources for a Wayside Permit to permit the
removal of clay from the Gauld Nurseries site.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cunnnings,
that the report be received and adopted. Carried Unanimously.
No. 19 - City Manager - Re: Walkways in Charnwood Subdivision. The report
recommends that an exception be made to the Subdivision Deve~pment Policy
to authorize a concrete sidewalk to be constructed in 1981 on: 1) The east
and south side of Armstrong Drive from Laurentian Court to Charnwood
Avenue; 2) the south side of Charnwood Avenue from Armstrong Drive to Moatrose
Road; 3) on the walkway from armstrong Drive to Moatrose Road, including chain
linked fence; and 4) on the walkway from Tad Street southerly to an existing
concrete walkway leading to Was,wood Street, including chain linked fence.
The Director of Municipal Works provided information regarding similar
exceptions due to the slow-down in the housing market.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
No. 20 - City Manager - Re: Purchase of Picnic Tables. The report provides
information on the purchase of certain picnic tables in response to a question
raised by Council previously.
Alderman Cummings expressed concern that the picnic tables are stored
in a safe place during the winter season to protect against vandalism as
well as inclement weather. The Projects & Services Engineer provided further
information on the matter.
ORDERED on the motion of Alderman Schisler, seconded by Aldel~nan Fare, that
the report be received and filed. Carried Unanimously.
No. 21 - City Manager - Re: Community Services. Contribution Program - Maple
Area. The report recommends that: 1) Council enter into a formal agreement
with the Province for a Community Services Contribution Program in the Maple
Area; and 2) That the Cityvs share of $750,000 which consists of $450,000
for Bard Services and $300,000 for Soft Services be provided as follows:
(a) $15,000 from a special purpose reserve for sewer construction; (b) $25,000
from the 1980 current Operating Budget account No. 11170; and (c) $710,000
from the 1981 and 1982 current Operating Budgets of which $355,000 will be
eamsrked from the Capital Contribution accounts in the years 1981 end 1982.
The City Manager explained that in original discussions, it had been
planned to place monies in the capital budget to cover the City's share of
the cost, however the Solicitor had felt this was not enough of a commitment
to the Province, Since all capital budget items require approvals over and
- 7 -
above that of Council, it was felt that the City's share of the cost should
come from the operating budget. The City Manager explained that $355,000
of the City's share would be taken from the Capital Contribution accounts in
the operating budget. In response to a question raised by Alderman Marrat,,
the City Manager advised that the Capital Contribution accounts in the current
budget will be increased in 1981 and 1982 in order to continue the program of
reducing debt charges in the capital budget.
Alderman Cummings also commented that although the entire program was
costing the taxpayers' money, if the City had not taken advantage of the funds
another municipality would have, and therefore the cost would still be coming
from the taxpayers' pockets.
Alderman Dilts indicated that he was opposed to spending money on the
renovations to the Niagara Falls Arena, when he doubted that the City would
even have a hockey team for the ne~t season. Alderman Cummings pointed out
that the money is not being spent to keep the team in the City, that was why
the Promotion & Facilities Co-ordinator had been hired. Alderman Janvary
also pointed out that the renovations would be including a meeting room for
neighbourhood use, and bookings for the room had already been received.
The Director of Municipal Works also provided additional information
regarding the projects to be undertaken under the program. In response to
a question raised by Alderman Cummings, the Building & Development Co-ordinator
advised that the Community Services Contribution Program will be cancelled in 1982,
and funds would no longer be available to municipalities.
Following further comment, it was moved by Alderman Cheesman, seconded
by Alderman Marrat,, that the report be received and adopted. Carried
with Alderman Dtlts voting contrary with respect to the arena renovations, and
all others voting in favour.
No. 22 - Loan Review Committee - Re: Applications for Assistance. The report
recommends approval of six applications for assistance received under the
Ontario Home Renewal Program.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman,
that the report be received and adopted. Carried Unanimously.
No. 23 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
The City Manager, City Treasurer and City Clerk provided additional
information in response to a number of questions raised.
ORDEKED on the motion of Alderman Dilts, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
No. 24 - City Manager - Re: First Aid Course. The report advises that thirteen
City employees have successfully completed a St. John Ambulance Safety Oriented
First Aid Course and hold a Standard First Aid Certificate.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Metrat,, that
the report be received and filed and further that congratulations be extended
to the employees involved. Carried Unanimously.
No. 25 - City Manager - Re: Schedule of Council Meetings - Month of December.
The report recommends that regular meetings be held on December 15th and 2end
'~980.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 26 - City Manager - Re: Confirmation of Certain Appointments to the Niagara
Falls Board of Museums. The report recommends passage of a by-law confirming
the appointment of Mr. F. Brunning, Jr., Mr. M. Hopkins, Major B. Nering and
Mrs. M. Layella to the Niagara Falls Board of Museums for the period of May 1st
to December 31st, 1980.
ORDERED on the motion of Alderman Metrat,, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
See By-law No. 80-238
No. 27 - City Clerk - Re: Appointments to Various Boards, Commissions and
Committees. The report recommends that the second report regarding appointments
to various Boards, Commissions and Committees be tabled for one week in order
to allow the members of Council sufficient time to consider its contents.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Fete, that the
report be tabled for one week. Carried Unanimously.
-S-
RESOLUTIONS
No. 1 - CUld~INGS - SOMERVILLE - RESOLVED that the tender submitted by
Pinder's Lawn & Leisure for the supply of ten 1981 Model Superior Commercial
and six 1981 Model Heavy Duty lawn mowers be accepted at the total price of
$2,889.00 for the super conmercial models and $1,598.58 for the heavy duty
models; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Schisler, seconded by Alderman Fete, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
No. 80-233 - A By-law to authorize the execution of a grant of easement to
Fruitbelt Trucking Inc.
No. 80-234 - A By-law to amend By-law No. 80-66 being a by-law to authorize
the acceptance of a conveyance and to lay out and establish land as
Fruitbelt Parkway.
No. 80-235 - A By-law to allow the maintaining and using of a-building which
encroaches on Kitchener Street.
No. 80-236 - A By-law to allow the maintaining of concrete curbs which encroach
on Ontario Avenue.
No. 80-237 - A By-law to authorize an application for the closing of part of
the lane at the rear of Lots Nos. 146, 147 and 148 according to
Registered Plan No. 29 for the former Town of Niagara Falls, now
known as Plan No. 294 and to authorize its sale to 311813 Ontario
Ltd.
No. 80-238 - A By-law to provide for appointments to the City of Niagara Falls
Board of Museums.
No. 80-239 - A By-law to amend By-law No. 3790, being a by-law for the regulatio!
of traffic. (Powell Avenue)
No. 80-240 - A By-law to amend By-law No. 6340, providing for the erection of
Yield Right-of-Way signs at certain intersections in the Municipali
(Sinnicks Avenue, Murie Street)
No. 80-241 - A By-law to amend By-law No. 7531, being a by-lAw to provide for th
erection of stop signs at intersections. (Johnson Drive)
No. 80-242 -A By-law to provide monies for general purposes.
Carried Unanimously
ORDERED on the motion of Alderman Fete, seconded by Alderman Schisler, that the
following by-laws be now read a second and third time: '
No. 80-233 - A By-law to authorize the execution of a grant of easement to
Fruitbelt Trucktn~ Inc.
No. 80-234 - A By-law to amend By-law No. 80-66 being a by-law to authorize the
acceptance of a conveyance and to lay out and establish land as
Fruitbelt Parkway.
No. 80-235 - A By-law to allow the maintaining and using of a building which
encroaches on Kitchener Street.
No. 80-236 - A By-law to allow the maintaining of concrete curbs which encroach
on Ontario Avenue.
No. 80-237 - A By-law to authorize an application for the closing of part of the
: ~ lanes at the rear of Lots Nos. 146, 147 and 148 according to Regis~
Plan No. 29 for the former Town of Niagara Falls, now known as Pi~
.... No.~294 and to authorize its sale to 311813Ontario Ltd.
No. 80-238 - A By-law to provide for appointments to the City of Niagara Falls
Board of Museums.
- 9 -
N~o. 80-239 - A By-law to amend By-law No. 3790, being a by-law for the
regulation of traffic. (Powell Avenue)
No. 80-240 - 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.
(Sinnicks Avenue, Murie Street)
NJ. 80-241 - A By-law to amend By-law No. 7531, being a by-law to provide for the
erection of stop signs at intersections. (Johnson Drive)
No. 80-242 - A By-law to provide monies for general purposes.
Carried UnanimouslAx
NEW BUSINESS
RATIFICATION OF COMMITTEE OF THE WHOLE DECISIONS
Report No. 28 -Ci~ Manager - Re: Salaries for Fire Chief and Deputy Fire Chief.
The report recommends that in order to maintain an equitable differential between
the salaries set at a Board of Arbitration and those of the Fire Chief and
Deputy Fire Chief, the following changes be approved retroactive to January 1,
1980: Fire Chief - Present Level 12, Range $29,700 to $34,280, to be reclassified
to Level 13 - Range $31,130 - $35,710; and Deputy Fire Chief - Presently Level 10
Range $26,560 - $30,320 to be reclassified t'% Level 11 - Range $28,050 to $31,810.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that
the report be received and adopted. Carried with Alderman Schisler voting
contrary, and all others voting in faVour.
Report No. 29 - City Manager - Re: Benefits - Fire Department Personnel Not
Covered by a Collective Agreement. The report recommends that a Type I O-M.E.R.S.
Supplementary Pension be purchased for the former Fire Chief who retired March
31, 1980, and for the present Deputy Fire Chief who will retire January 31, 1984
at a cost of $47,469 in 1980 followed by four annual payments of $12,469; and
that a paid-up life policy in the amount of $1500 be purchased for the former
Fire Chief at a cost of $440.20.
His Worship, Mayor Thomson requested Alderman Schisler to act as Chairman
of the meeting due to a conflict of interest.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that
the report be received and adopted. Carried with Alderman Schisler voting
contrary, and all others voting in favour.
Mayor Thomson resumed chairmanship of the meeting following the vote taken
on this matter.
Report No. 30 - City Clerk - Re: Adoption of Departmental Re-organization.
The report recommends that the action taken by Council in Committee of the
Whole to approve the City Manager's proposals for the re-organization of the
Engineering and City Clerk's Departments subject to a re-examination of the
re-organization programme every three months during the forthcoming year
and reports being made to Council on the findings made through re-examination.
Mayor Thomson invited members of the press to an informal meeting following
the Council meeting in order to answer any questions relating to. the Departmental
'Re-organization.
ORDERED on the. motion of Alderman Merrett, seconded by Alderman Fera, that the
report be received and adopted. Carried with Alderman Dilts voting contrary
and all others voting in layout.
ITALIAN EARTHQUAKE DISASTER
Alderman Fera referred to ~he enormity of the disaster inflicted on Italy
as a result of an earthquake, and requested that Council consider making a
contribution to the Italian Relief Fund so that the desperate living conditions
of the people living in the area can be improved, Alderman Schisler pointed :
out that although there is some urgency for receiving funds now, funds will
also be required for re-building, which would allow Council time to refer the
nmtter to the Finance Connnittee for consideration. Mayor Thomson agreed that
it was important that a disaster relief fund be set up to deal with such
serious matters in the future, and felt the Finance Committee should have an
opportunity to review the request. FollowinS further comment, it was moved
by Alderman Fete, seconded by Alderman theeamen, that the matter be referred
to the Finance Committee for consideration, Carried Unanimously.
- 10 -
FINANCIAL STATUS - SEWER DEPARTMENT
Alderman Fera advised that he had heard a rumour that the Sewer Department
was in serious financial shape, and that some employees had even been transfertel
to other departments as a cost saving measure. The Alderman also stated that
Council had not been advised of this fact, and yet apparently a member of the
Sewer Department was blaming the financial problems on Council.
The Director of Municipal Works stated that the Sewer Department was
experiencing financial problems, however a report was being prepared for the
Finance Committee and Council on the matter.
During the discussion on this matter, it was indicated that the report
would be submitted at the next meeting for Council's consideration.
APPOINTMENT TO POLICE COMMISSION
Alderman Merrett congratulated Mayor Thomson on his appointment to the
Niagara Regional Board of Commissioners of Police. Mayor Thomson thanked the
Alderman and commented that Niagara Falls is a unique community with respect
to police protection due to the tourist population that is not present within
other municipalities, and that representation of the City on the Board would
be of great benefit locally.
FINANCIAL REPORT - PROMOTIONAL EVENT
Alderman Cummings asked if there was an updated report on the results
of the last televised showing of a championship fight at the Niagara Falls
Arena. The City Manager explained briefly the gate receipts and expenses,
but indicated that a full report would be submitted to Council shortly. In
response to a further question raised, the City Manager indicated that he
was not aware of any serious damage caused by-patrons of the Arena that evening.
-CURVE ON GUNNING DRIVE
Alderman Baker referred to a problem existing on Gunning'~rive with a
curve similar to that on Willoughby Drive. The curve has been the scene of
a number of accidents, and the Alderman felt some correctional measures
should be taken to prevent future recurrences. It was moved by Alderman Baker,
seconded byAlderman Chessman,-that the matter be referred to staff for the
preparation of a report. Carried Unanimously.
TERMINATION OF CANADIAN NATIONAL SMALL PARCEL SERVICE
Mayor Thomson referred to the announced decision by Canadian National
Express to discontinue its small parcel service and concentrate on the
handling of larger, heavier shipments between major terminals. The Mayor
indicated that this move will result in the loss of nine local Jobs, and
expressed his concern that the announcement had been made Just shortly
before Christmas and would become effective in February. Mayor Thomson
asked Council to pass a resolution expressing concern and requesting an
extension to the termination date to allow the employees mor~ time to obtain
employment elsewhere. Regional Councillor Sherat also pointed out that
the decision by Canadian National is the only bonded carrier that can
transport parcels from the Toronto Airport to Niagara Falls, and the termination
of service will mean that persons will have to travel to Hamilton. Mr. Sherat
felt that if any City should have this service, it should be a border city
such as Niagara Falls.
RESOLUTION
No. 2 - MERRETT - ORR- RESOLVED THAT WHEREAS Canadian National Express, a
division of Canadian National Railways, has announced its decision to withdraw
from the small parcel express business and concentrate on the handling of
larger, heavier shipments between major terminals; and
WHEREAS this decision will result in the termination of nine positions
presently based in Niagara Falls; and
WHEREAS this decision will have an adverse effect upon the lives of those
employees of Canadian National Express who are residents of the City of
Niagara Falls;
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City
of Niagara Falls hereby requests the representatives of Canadian National
Express to re-examine its decision to terminate the local positions as of
- 11 -
February 28, 1981, and that a closer examination be given to this matter
and a more reasonable length of time be given to those employees to either
relocate or to find employment elsewhere;
AND FURTHER that copies of this resolution be Provided to Mr. A.A. MacBain,
M.P., and all Federal representatives responsible for transportation; AND
the Seal of the Corporation be hereto affixed.
Carried Unanimous]~
TEMPORARy REBATE PROGRAM FOR LIGHT TRUCKS AND VANS
Mayor Thomson indicated that he had received a call from the owner of
an American Motors dealership regarding the Provincial decision to give
rebates on new light trucks and vans. The Province had apparently refused
to include the American Motors four-wheel drive "Eagle" in this class, but
had included the small "Niva" imported from Russia. The Mayor indicated
that the dealer was very upset by this decision, and requested the City Clerk
to prepare an aPPropriate resolution for the next meeting giving the A.M.C.
dealers support.
CHEMICAL POLLUTION IN THE NIAGARA AREA
MAyor Thomson advised that he has received many calls from radio and
television stations regarding the recent statement made that Niagara Palls
was the worst polluted municipality in North America. The Mayor pointed
out that much of the pollution had originated from the United States side
of the Niagara River, and that Canadian and Ontario environmental laws were
much more restrictive than their American counter-parts. There had also
been some suggestion that the pollution could actually affect tourists
visiting the area. Mayor Thomson felt it was imperative that the City made
its feelings known to the Provincial and Federal Governments as being on
record for encouraging all government bodies involved to do whatever can
be done to fight the pollution in this area. The Mayor also felt that the
suggestion regarding hazards to visitors should also be clarified by the
appropriate government departments. It was moved by Alderman Cummings,
seconded by Alderman Merrett, that the City Clerk be requested to prepare
an appropriate resolution for the next meeting of Council. Carried
Unanimously.
It was moved by Alderman Dilts, seconded by Alderman Cheesman, that
the meeting adjourn. 'Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
"FVV W
/
/
~IRD ME~ETING
Committee Rooms 2 & 3
December 15, 1980
INFORMAL SESSION
Council met on Monday, December 15, 1980 at 6:30 p.m. in an informal
meeting to consider the aPPointments to boards, commissions and committees.
All members of Council were present with the exception of Alderman Puttick.
His Worship, Mayor Thomson Presided as Chairman.
MAYOR WAYNE THOMSON
RE~UI. , ' '
Council Chambers
December 15, 1980
Council met on Manday, December 8, 1980 at 7:45 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman Puttick. His Worship, Mayor Thomson presided as Chairman.
Alderman Cummings offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fere, seconded by Alderman Cummings,
that the minutes of the meetings held on November 21st and December let,
1980, be adopted as printed. Carried Unanimously.
DEPUTATION
FRUITBELT TRUCKING INC. - FRUITBELT PARKWAY
Mr. G. Repei, solicitor for Fruitbelt Trucking Inc., was granted
permission to address Council on the motion of Alderman Cheesman, seconded
by Alderman Cunnnings. Mr. Repei referred to the development Fruitbelt
Trucking was undertaking in the north end of the City, and stated that as
part of the approval of the development, an agreement had been entered
into with the City to provide for a number of conditions. One of the
conditions provided that lands would be dedicated for a roadway, and
construction of same to the City~s standards. Since the agreement had
been signed, Fruitbelt Trucking had sold some of its lands, and the new
owner wished to commence construction of buildings immediately. Mr. Repei
explained that the agreement stated that no building permits could be
issued until the roadway has been constructed. Mr. Repei reauested that
Council consider an amendment to the agreement which would p~ovide that
--~he onus would still be on Fruitbelt Trucking to construct the roadway by
June 30, 1982, however building permits could be issued as long as all
other conditions have been met.
In response to a question raised by Mayor Thomson, the Director of
Municipal Works and the Building & Development Co-ordinator indicated
that they'were in agreement with the requested change.
The City Solicitor indicated that an amending agreement can be
prepared if Council so directed, however he felt there should be some
security for the undertaking of the construction such as a letter of
credit for the estimated cost of constructing the roadway. In this way,
there is some guarantee that the roadway will be constructed.
Mr. Repel indicated that he had discussed this point with his client
and he could not see any objection at this time.
Additional information was provided by the Director of Municipal
Works regarding construction of the roadway.
-2-
Following further comment, it was moved by Alderman Cheesman, seconded
by Alderman bierrett, that Council agree to the request and that an amendment
to the formal agreement be prepared for the next Council meeting. Carried
Unanimously.
UNFINISHED BUSINESS
SERVICING OF WOODGATE STREET, MOUNT FOREST II SUBDIVISION
Communication No. 219 - Mr. B. Sinclair - The conmunicatlon requests that
Council permit the servicing of Woodgate Street in the subject subdivision.
Mr. B. Sinclair, solicitor for Mr. R. Redekop, was granted permission
to address Council on the motion of Alderman Cheesman, seconded by Alderman
Herrerr. Mr. Sinclair stated that his client wished to proceed with the
servicing and development of a part of the Mount Forest II Subdivision,
involving certain lots on Woodgate Street. The Shriner's Creek project
was holding up development in the area, and Mr. Sinclair commented that the
only way Council could consider his client's request, was if the development
could be serviced without affecting storm drainage downstream. According
to Dames & Smith, the consultant hired to determine the amount and effect
of storm drainage in the subdivision, development could take place if storm
sewers were oversized and certain other precautions (i.e. placement of straw
around catchbasins, sodding of front and back lawns and swales) were taken.
A similar request had been made to Council earlier to service the entire
subdivision, however the request at this time was only for the servicing
of lots on Woodgate Street. Mr. Sinclair stated that if Council approved
the request, and City staff were satisfied that the Damas & Smith recommendatiom
were correct, his clients would proceed with the development of the lots on
Woodgate Street.
In response to a question raised by Alderman Dilts, the Director of
Municipal Works stated that the position taken by Council at the time of the
Ontario Municipal Board hearing on Shriner's Creek, was that no further
development would be permitted until the project had been implemented.
Because of such evidence being given at the hearing, the Dire~Fgr of
Municipal Works felt that he would have to remain neutral and not comment
on the advisability of granting the request.
Mayor Thomson felt that the newer members of Council were at somewhat of a
disadvantage, not being familiar with the history of the Shriner's Creek project
The Mayor explained briefly the background of the drainage problems in the
area, including the preparation of the environmental impact study and the
selection of Alternative #8 of the study as the solution to the problems.
Mayor Thomson also outlined the difficulties being experiences in acquiring
the lands necessary for the project, and the legal proceedings in which the
City and Cornwill Investments had become involved in this regard. Until
this legal battle has been resolved, no development will take place unless
by special permission of the Council. Mayor Thomson also explained that a
similar request had been granted previously by the Council, and a precedent
had been set.
The City Solicitor advised that water from the subdivision would
eventually go through the W-5-1 branch of the Shriner's Creek, and the
Conservation Authority had expropriated lands from Cornwill Investments
for the W-5-1 watercourse, If the expropriation is set aside, then water
from the subdivision would go through Cornwill lands and the increased
flow could cause damage. The Solicitor cautioned Council to be very
careful in considering the request. It was also pointed out that one'of
the conditions of approval by the Minister of Housing for the subdivision,
was that prior to final approval, the Municipality must be satisfied,that
the plan complies with the recommendations of the environmental impact
study. The subdivision could not proceed until that condition has either
been met or amended. The City Solicitor felt that Council would be wise
to have~a report from staff before considerins the request.
Alderman Schisler felt there was no point in having a report prepared
if granting the request would result in legal problems for the City. Mayor
Thomson suggested that a report should be prepared to bring the newer
members 0f Council up to date on the project, as well as comment on recent
developments on the legal aspects.
Following further comment, it was moved by Alderman Merrett, seconded
by Alderman Cheesmmn, that the matter betalerted to staff for the preparation
of e report. Carried Unanimously.
-3-
It was moved by Alderman Fera, seconded by Alderman Merrett, that the
first item under planning reports be moved forward for consideration at this
time. Carried Unanimously.
REPORT
No. 31 - Planning & Development Conunittee - Re: Application for Official
Plan Amendment No. 123 and Zoning Amendment AM-20/80, J. Biasucci on Thorold
Stone Road. The report recommends approval of the application in principle,
subject to the servicing problems being resolved and that the property
revert back to the original zoning if the motel is not developed.
Mr. A. van der Harst of Thor-west Niagara Falls Ltd., was granted
permission to address Council on the motion of Alderman Fera, seconded by
Alderman Cummings. Mr. van der Harst outlined his firm's reasons for
objecting to the proposed rezoning: 1) Access to the site is inadequate,
there is no entrance planned from Thorold Stone Road; 2) Drainage from
the proposal would affect Shriner's Creek; 3) From a planning point of view,
the site is not appropriate for a motel development, particularly when
there are lands available on Lundy's Lane and other tourist/commercial
areas that could he used; 4) No site plan was submitted of the proposal;
5) A shortage of industrial lands that are easily serviced. The City
has spent a great deal of money to attract industry to the area, and rezoning
of lands ideally suited for industry would be unwise; and 6) There are
enough motels and hotels in the City experiencing problems due to economic
conditions.
Mr. B. Sinclair, solicitor for the applicant, was granted permission to
address Council on the motion of Alderman Cummings, seconded by Alderman
Fera. Mr. Sinclair explained that his client planned to develop a restaurant
and tavern in the first phase, with a motel planned in the longer term. The
lands are easily serviced. Mr. Sinclair felt that the area was not suited
for industrial uses, and were more suited for commercial uses because ~f the
amount of traffic on Thorold Stone Road. As far as access and egress were
concerned, Mr. Sinclair felt entrance from Montrose Road was more acceptable
and would not create traffic congestion on Thorold Stone Road. In response
to a question raised, Mr. Sinclair did not feel there would be any problem
with the close proximity of NorJohn Contracting and pointed out that commercial
and industrial uses are often compatible.
Alderman Fera felt the location of the proposal was ideal because the
site is close to the Q.E.W. With respect to the comment made that no site plan
was submitted, the Alderman stated that there may have been some misunderstanding
because of a comment made by a member of the Planning & Development Committee,
however a-site plan was on display at the meeting.
Alderman Cheesman pointed out that the proposal was for a restaurant and
tavern in the first stage, however if the motel was not proceeded with, the
zoning would revert back to industrial. The Alderman questioned how the zoning
could revert back to industrial with a restaurant and tavern standing on the
site. Alderman Cheesman agreed that the site was better suited for an
industrial use. The Senior Planner explained that the purpose of the condition
relating to the reversion of the zoning if the motel were not developed, was
to bring the matter back to Council's attention in several years if the
development did not materialize.
Alderman Merrett felt that the rezoning of two acres of industrial land
would not have much of an impact on the City's industrial land requirements.
The Alderman also pointed out that a rezoning had recently been approved for
a luxury type restaurant near the northwest corner of Montrose Road and
Thorold Stone Road which indicated that the area was suited for this type of
development.
Following further comment, it was moved by Alderman Fera, seconded by
Alderman Cummings, that the report be received and adopted. The motion was
Defeated with the following vote:
AYE: Aldermen Cummings, Fete, Herrerr and Somerville.
NAYE: Aldermen Baker, Cheesman, Dilts, Janvary, Kerrio, Orr, and Schisler.
COr~4BNICATIONS
No. 9 - Consulting Engineers of Ontario - Re: Conflict of Interest. The
communication requests that consider a~opting a policy similar to that adopted
-4-
by the Regional Municipality of Halton regarding the retention of consulting
engineers who may also be employed by developers within the geographical
areas of the government agencies.
ORDERED on the motion of Alderman Cut~nings, seconded by~Z[derman Orr, that
the policy be endorsed. Carried Unanimously.
No. 10 - Niagara South Board of Education - Re: Liaison and Communication
with Municipal Councils. 1nee communication indicates that the Board is prepared
and willing to discuss matters of mutual concern at any time through both
formal and informal conmaunications.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the communication be received and filed. Carried Unanimously.
No. 11 - Niagara Falls Family Y.M.C.A. - Re: Monte Carlo Event. The
communication requests permission to apply for a special occasion permit
from the L.L.B.O. in order to sell alcoholic beverages at aM onte Carlo
event to be heldat the Skylon in January.
Alderman Cummings felt that since this was the first Monte Carlo event
since formation of the special monitoring group, the matter should be referred
to the group for comment. Because of the time element involved, it was
suggested that permission could be granted for the special occasion permit
subject to the Monte Carlo event being approved.
It was moved by Alderman Cummings, seconded by Alderman Schisler, that
the~tter be referred to the Gambling/Gaming Monitoring Committee of the
Social Planning Council. It was then moved by Alderman Merrett, seconded
by Alderman Baker, that approval be granted for an application to be made
for a special occasion permit, subject to the established policy and approval
by the Gambling/Gaming Monitoring Committee. The motion and amendment were
Carried Unanimously.
REPORTS
No. 32 - City Manager - Re: Bolus Revelas Bolus Limited and Land Severances
B-460/80 and B-461/80. The report recommends passage of a by-Taw to authorize
the execution of new agreements with Bolus-Revelas-Bolus Limited in connection
with the subject land severance applications.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fete, that
the report be received and adopted. Carried Unanimously.
See By-law No. 80-2~
No. 33 - City Manager - Re: Designation of Chief Pladning Officer under Revised
Rules of Procedure for Restricted Area By-laws. The report recommends passage
of a resolution designating the Planning Director, and in hissabsence the
Senior Planner, as the chief planning officer for the purpose of completing
Schedule 3 of Ontario Regulation 78/80 made under the Planning Act.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fore, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 3
No. 34 - City Manager -Re: Lot 11, Falls Industrial Park Extension. The
report recommends that Council approve a Request for Reserve from Mr. A. Moss
on Lot 11, Plan M-67 until March 4, 1981.
ORDERED on the motion of Alderman Merrett, seconded by Alderman Somerville,
that the report be received and adopted. Carried Unanimously.
NOTE: Aldermen Chessman and Dilts were absent when the
vote was taken on this matter.
No. 35 - City Manager - Re: Encroachment at 4924 Second Avenue. The {eport
recommends approval of an application for the passing of a by-law to allow
the continuation of an encroachment on Second Avenue and that an appropriate
by-law be prepared for further consideration by Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fete, that
the report be received and adopted. Carried Unanimously.
NOTE: Aldermen Cheesman and Dilts were absent when the
vote was taken on this matter.
No. 36 - City Manager - Re: Proposed Calaguiro Estates Subdivision. The
report recommends passage of a by-law to authorize an agreement with Calaguire
Bros. Limited respectinS the proposed subdivision and for 'the payment of certai~
- 5 -
engineering fees, and a by-law to authorize an agreement with Delcan DeLeuw
Gather Canada Limited for engineering services for the subdivision.
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
See By-laws Nos. 80-244
and 80-245
No. 37 - Drainage Committee - Re: Drainage Problem at 6936-6960 Harriman Street.
The report recommends approval of a cost sharing arrangement to resolve the
subject drainage problem, and that the City's portion of the cost sharing be
taken from the 1981 Operating Budget - Private Rear Lot Drainage Account.
ORDERED on the, motion of Alderman Cummings, seconded by Alderman Merrett,
that the report be received and adopted. Carried Unanimously.
No. 38 - City Manager - Re: Engineering Services for Bender Hill Storm Sewer
and Watermain. The report recommends that an additional amount of up to
$4,500 be authorized for payment to the Consulting Engineering firm of
Proctor & Redfern for engineering services for the above noted project.
The actual additional payment would be the lesser of - (a) $4,500 or (b)
the savings to the Municipality by calling the contract on an alternative
basis i.e. open cut construction and tunnelling construction.
The Director of Municipal Works provided additional information in
response to a number of questions raised.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Merrett,
that the report be received and adopted. Carried Unanimously.
No. 39 - City Manager - Re: Remaining 1980 Capital Budget Projects. The
report recommends passage of a by-law authorizing the construction of a
sanitary sewer relief system in Chippawa.
The Director of Municipal Works provided additional information
regarding the works to be constructed as recommended in the upcoming Paul
Thiel Flood Relief Study.
ORDERED on the motion of Alderman Dilts, seconded by A/derman Chessman,
that the report be received and adopted. Carried Unanimously.
See By-law No. 80-246
No~ 40 - City Manager - Re: Building & Development Report for November 1980.
The report provides information relative to permit statistics and development
proposals for the month of November, 1980.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the
report be received and filed. Carried Unanimously.
No. 41 - City Manager - Re: Box Office Statement - Duran/Leonard Fight. The
report provides information in respect to the telecast of the Duran/Leonard
fight held at the Niagara Falls Memorial Arena, November 25, 1980.
The City Manager provided additional information regarding possible
future events to be held at the Arena.
ORDERED on 'the motion of Alderman Dilts, seconded by Alderman Merrett, that
the report be received and filed. Carried Unanimously.
No. 42 - City Manager - Re: Municipal Accounts. The report recommends payment
{~f the. municipal accounts.
The City Manager, City Treasurer and Projects & Services Engineer
provided additional information on Cheques #9905, #9911, #9953, #9971, #9981,
#10024 and #10027 in response to questions raised by Aldermen Cummings, Dilts,
Fore, Janvary, Schisler and Somerville.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings,
that the report be received and 'adopted. Carried Unanimously.
No. 43 - City Manager -'Re: Report on 1980 Sewer Department Expenditures
(Account Nos. 445, 449, 642, 645, 648, 649, 11600, 11607 and 11608). The
report provides information on expenditures in the Sewer Dept. in 1980.
Alderman Cummings noted that he felt it embarrassing to hear on the
street that employees were being transferred from one Job to another, and
suggested that in future Council should be notified in advance. Mayor
Thomson pointed out that in departments such as Streets, Sewer. etc.,
transfers are made almost on a daily basis and it would not be possible
to keep Council advised every time a transfer was required.
-6-
The Director of Municipal Works explained that the only alternative
to transfers is to hire temporartes and increase the level of service in
other departments. The present system eliminates the necessiry of hiring
additional temporary employees and is built into the budgeting process.
Alderman Dilts commented that when the budget is set, it is known
what work is required to be done for the year with the number of employees
on the payroll. The Aldermen stated that now that the Sewer Department
budget is nearly overspent, the employees are being transferred and the
work is going to be tendered out, and he could not understand where the
funds were coming from to pay a contractor since the employees still had
to be paid. The Director of Municipal Works explained that temporary
employees are hired so that permanent employees will not have to be laid
off. In the case of the Sewer Department, it was determined that two
projects could be more economically carried out using a sewer re-lining
procedure. Since the City does not have the equipment to perform this
type of work, it would be less costly to tender the work out, transfer the
permanent employees to another section and lay off the temporary employees.
Alderman Dilts indicated that he agreed with tendering work out, in fact
he felt not enough work was tendered out by the City, however he could not
see how the City was saving money when the employees were still on the
payroll.
Following further comment, it was moved by Alderman Kerrio, seconded
by Alderman Chessman, that the report be received and filed. Carried
Unanimously.
No. 44 - City Manager - Re: Proposed Increase in Hunting Licenee Fees. The
report recommends that the licenee fees for the issuance of municipal hunting
liceaces be increased from $1.60 to $3.30 for residents and from $3.30 to
$4.50 for non-residents.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman,
that the report be received and adopted. Carried Unanimously.
No. 45 - City Manager - Re: Ratio of Personnel to Population. The report
provides information relating to the ratio of employees to popu'I~tion for
all municipalities in the Region.
Alderman Dilts stated that he had requested the report to be submitted
in Committee of the Whole because it dealt with personnel. The Alderman
indicated that he had not had an opportunity to go over the report in detail,
and he had a number of questions and points he would like clarified. Aldermax1
Dilts felt that the report should be tabled for several weeks, and possibly
considered by the Finance Committee.
Following further comment, it was moved by Alderman Dilts, seconded by
Alderman Chessman, that the report be tabled and considered at a meeting
early in January. Carried Unanimously.
RESOLUTIONS
No. 3 - CUMMINGS - FERA - RESOLVED THAT WHEREAS Ontario Regulation 78/80
provides for alternative notification procedures under which restricted area
(zoning) by-laws may come into force without Ontario Municipal Board approval
when no objections have been filed; and
WHEREAS each restricted area (zoning) amendment by-law, when circulated, must
be accompanied by Schedule 3, being a statement of the by-law's conformity
with the official plan; and
WHEREAS Schedule 3 must be signed by the chief planning officer of the '
Municipality, designated by resolution of Council;
NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1) Subject to paragraph 2 of this
resolution, that Alec ereayes be and he is hereby designated as the chief
planning officer for the purpose of completing Schedule 3 of Form 1 of Ontario
Regulation 78/80 made under The Planning Act; 2) That in the absence of the
said Alec Greaves, Douglas Derbyson be and he is hereby designated as the
chief planning officer for the purpose of completing Schedule 3 of Form 1 of
Ontario Regulation 78/80 made under The Planning Act; 3) That resolution No. 24
passed by Council at its meeting held on April 8th, 1980 is hereby rescinded;
AND ~he~eal of the Corporation be hereto affixed.
Carried Un~animousl_/
With respect to the resolution concerning the temporary sales tax rebate
program for new light trucks and vans, Alderman Chessmen commented that he
- 7 -
had spoken to the Provincial Treasurer on the question of exempting the
Russian "Niva" and not the American Motors "Eagle". The Alderman advised
that the "Niva" is a four wheel drive vehicle similar to a Chevrolet "Blazer"
or International "Scout", while the "Eagle" is actually a four wheel drive
automobile. While Alderman Chessman was not opposed to trying to obtain
additional information from the Province, he did not feel the Council should
make a stand without having the benefit of further information.
Mayor Thomson indicated that he had heard from two American Motors dealers,
both of whom felt very strongly that similar consideration should be given by
the Province to the 'lEagle". The Mayor felt that Council should support
local businesses in an effort to receive the same treatment the Province is
giving to the manufacturers of a vehicle made in Russia. Alderman Merrett
felt that passing the resolution would put the Province on notice that
pressure will be brought upon the Ministry of Revenue to reconsider the
inclusion of the "Eagle" in the temporary rebate program.
No. 4 - CUMMINGS - KERRIO - RESOLVED THAT WHEREAS the Retail Sales Tax Branch
of the Ministry of Revenue announced on November 13, 1980 a temporary rebate
program for new light trucks and vans; and
W~{EREAS included in the light trucks and vans eligible for the temporary
retail sales tax rebate is the "Niva", a small vehicle imported from Russia
and distributed by Lade Cars of Canada Inc.; and
WHEREAS American Motors (Canada) Ltd. manufactures in Brampton Ontario a
four wheel drive vehicle called the "Eagle" which is compatible in construction,
style and purpose with the "Niva", however the Ministry of Revenue ruled the
Canadian-built "Eagle" ineligible for the temporary retail sales tax rebate,
giving an unfair advantage to foreign-built imports;
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City
of Niagara Falls hereby petitions the Minister of Revenue to amend the rebate
program by the deletion of the "Niva" from the list of vehicles eligible for
the temporary sales tax rebate;
AND BE IT FURTHER RESOLVED that copies of this resolution be sent to
Mr. Vincent Kerrio, M.L.A. for his support; AND the Seal of the Corporation
be hereto affixed.
Carried with Alderman
Dilts abstaining on a
conflict of interest,
and all others voting
in fayour.
No. 5 - CU~4INGS - FERA - RESOLVED THAT WHEREAS the Greater Niagara area has
been the centre of an increasing amount of adverse publicity as a result of
serious environmental problems, particularly as they relate to the discharge
of dangerous chemicals in the Niagara Falls area of the State of New York; and
WHEREAS the publicity has had and will continue to have an adverse effect upon
the City of Niagara Falls, Ontario and its surrounding area;
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City
of Niagara Falls request both Provincial and Federal authorities to implement
whatever action is required to have the appropriate departments of the State
of New Yorkand the American Federal authorities clean up the existing pollution
problems in New York State as soon as possible; and
BE IT FURTHER RESOLVED that copies of this resolution conveying the City's
unqualified support be provided to the Honourable John Roberrs, Federal
Minister of the Environment and the Honourable Harry C. Parrot~ Provincial
Minister of the Environment; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-IAWS .
ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 80-243 - A By-law to authorize the execution ofan agreement with Bolus
Revelas Bolus Ltd.
No. 80-244 - A By-law to authorize an agreement with Calaguiro Bros. Limited
~especting the proposed Calaguiro Estates Plan of Subdivision.
No. 80-245 - A By-law to authorize an agreement with DeLeuw Cather Canada Limited
for engineerin8 services for the proposed CalaSuiro Estates Plan of
Subdivision.
..eta8
-8-
No. 80-246 - A By-law to authorize the construction of a sanitary sewer
relief system as an improvement to the sewage system in the
Urban Service Areas of the City.
No. 80-247 - A By-law to provide monies for general purposes.
Carried Unanimously
ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that
the following by-laws be now read a second and third time:
No. 80-243 - A By-law to authorize the execution of an agreement with Bolus
Revelas Bolus Ltd.
No. 80-244 - A By-law to authorize an agreement with Calaguiro Bros. Limited
respecting the proposed Calaguiro Estates Plan of Subdivision.
No. 80-245
- A By-law to authorize an agreement with DeLeuw Cather Canada Limitec
for engineering services for the proposed Calaguiro Estates Plan of
Subdivision.
No. 80-246
- A By-law to authorize the construction of a sanitary sewer relief
system as an improvement to the sewage system in the Urban Service
Areas of the City.
No. 80-247 - A By-law to provide monies for general purposes.
Carried Unanimously
NEW BUSINESS
FINANCE COMMITTEE MEETING
Alderman Cheesman announced that there would be a meeting of the Finance
Committee on December 17th, 1980 at 4:00 p.m.
FIRE LANES AT PLAZAS
Alderman Cheesman advised that he had received a complaint regarding
the new fire lane by-law, that i~ some areas the fire lane is not adequately
signed. The Alderman felt that persons receiving tickets in such cases are
somewhat Justified in complaining. The Projects & Services EnRineer stated
that the fire lane by-law sets out the requirements for signing, and as far
as he knew the plazas do have the,proper signing. tf the signp were not in
place, the Commissionaire would likely not issue the ticket, or if the area
were improperly.signed, the ticket would he cancelled.
Alderman Merrett advised that one plaza has signs running along the
building to indicate the location of the fire lane, however there is no sign
or pavement marking to'show where the fire lane ends. The Alderman also
advised that he had received complaints from handicapped persons who had
parked near the plaza buildings and had been issued tickets for being in
the fire lane. Alderman Merrett indicated that the fire lane by-law and
a by-law providing for parking of vehicles operated by or for handicapped
persons would beconsidered by the Parking Con~nittee shortly.
Nayor Thomson commented that he had visited a plaza on Lundy's Lane and
cars had parked two lanes over the marked parking area making it impossible
for a car to get through. The Nayor expressed his concern that in the event
of a fire,-a~car could not get through let alone a fire truck.
POLICE, PATROLS
Aideman Cummings advised that he was pleased to see Regional Police
officers on foot patrol in the 8tamford Centre area, and had received similar
positive comments from business owners in the area.
INTERSECTION OF STANLEY AVENUE ~ND VALLEY WAY
Alderman Cummings advised that the new turning lane at the intersection
of Stanley Avenue and Valley Way had alleviated some of the traffic congestion
at this location.
- 9 -
SOUND SYSTEM - NIAGARA FALLS ~MORIALARENA
Alderman Cummings advised that he had artended a hockey game at the
Niagara Falls Memorial Arena and not only was the speaker system operating
poorly, but occasionally did not operate at all. The Alderman advised
that people are not purchasing the "Share the Wealth" tickets because they
cannot hear the winning numbers when they are called.
The Projects & Services Engineer stated that the problem was caused
by amplifiers with an overload circuit. When an overload occurs, the
amplifier shuts down to prevent destruction of the unit. Apparently the
announcer was speaking louder than normal in an effort to boost the sound,
resulting in too much input from the microphone causing the overload circuit
to shut the unit down. When this occurred, the remaining sound became more
garbled and difficult to understand. The Projects & Services Engineer further
advised that a 200 watt unit as opposed to the existing 100 watt unit, was
being used on a trial basis, as well as other equipment to reduce the possibility
of an overload situation. An acoustics expert from Acres would be examining
the system to determine what action is required to improve the sound.
Alderman Cummings indicated that he would be interested in knowing
how much money had been spent on the system to date and comparing that
figure to what a proper system would cost. The Projects & Services Engineer
advised that approximately $12,000 had been expended on the system.
According to the suppliers of this type of system, approximately $18,000
would be required to improve the sound, and the City was still below this
estimate.
Alderman Merrett felt that contact should be made with firms who
had installed sound systems in facilities such as Maple Leaf Gardens in
Toronto, to get a price on a proper system. Mayor Thomson suggested that
the report from Acres should be obtained before any estimates are requested.
APPOINTMENTS TO BOARDS, CO~IMISSIONS AND COMMITTEES
Niagara Falls Public Library Board - It was moved by Alderman Merrett,
seconded by Alderman Fera, that Mr. R. Durdan be appointed to the Board
for the years 1981, 1982 and 1983. Carried Unanimously.
Property Standards Committee - It was moved by Alderman Fera, seconded
by Alderman Cheesman, that Mr. C. Prata be appointed a member of the
Committee for the years 1981, 1982 and 1983. Carried Unanimously.
Niagara Parks Commission - It was moved by Alderman Dilts, seconded by
Alderman Somerville, that Alderman Merrett be appointed to the Commission
for the year 1981. Carried Unanimously.
Niagara District Airport Commission - It was moved by Alderman Fera, seconded
by Alderman Janvary, that Aldermen Baker, Orr and Schisler and Mr. J. Merrett
be appointed to the Commission for the year 1981. Carried Unanimously.
Greater Niagara Transit Commission - It was moved by Alderman Somerville,
seconded by Alderman Cummings, that Mr. G. Mowers and Mr. G. Walker be
appointed to the Commission for the years 1981 and 1982. Carried Unanimously.
· lanning & Development Committee - It was moved by Alderman Kerrio, seconded
by Alderman Merrett, that Aldermen Baker, Fera, Janvary, Orr, Somerville and
Puttick be appointed to the Committee for the years 1981 and 1982, and further
that Mrs. A. Cotfield, Messrs. A. DiCiacomo, W.A. Hinsperger, E. Mitchelson,
and Mrs. M. Sobol be appointed to the Committee for the years 1981 and 1982.
Carried Unanimously..
Niagara Falls Community Centres Board - It was moved by Alderman Cheesman,
seconded by Alderman Fera, that Mayor Thomson and the members of Council be
appointed as the Niagara Falls Community Centres Board for the year 1981.
Carried Unanimously.
Downtown Board of Management - It was moved by Alderman Orr, seconded by
Alderman Cheesman, that Aldermen Merrett and Messrs. D. Cook, A. Iseppon,
D. White, P. Lereverand, F. Nattin, G. Mallouk, A. Henderson, J. grinds
and Mrs. E. Zilberg be appointed as members of the Board for the years
1981 and 1982. Carried Unanimously.
..... 10
- 10 -
Greater Niagara General Hospital Board - It was moved by Aiderman Dilts,
seconded by Alderman Baker, that Aldermen Chessman, Janvary and Puttick be
appointed to the Board for the years 1981 and 1982. Carried Unanimously.
Business & Industrial Growth Agency Inc. - It was moved by Alderman Dilts,
seconded by Alderman Cheesman, that Mayor Thomson, Aldermen Dilts and Merrett
and the City ~hnager be appointed to the Agency for the years 1981 and 1982.
Carried Unanimously.
Niagara Resort & Tourist Association - It was moved by Alderman Msrrett,
seconded by Alderman Dilts, that Aldermen Kerrio and Orr be appointed to
the Association for the years 1981 and 1982. Carried Unanimously.
Niagara Frontier Humane Society - It was moved by Alderman Dilts, seconded
by Alderman Merrett, that Alderman Baker be appointed to the Society for
the years 1981 and 1982. Carried Unanimously.
Project Trillium - It was moved by Alderman Fera, seconded by Alderman Dilts,
that Mrs. L. Savage be appointed to the Project Trillium Committee for the
years 1981 and 1982. Carried Unanimously.
Recreation Commission - It was moved by Alderman Cheesman, seconded by Alderman
Fera, that Aldermen Cunm~ings and Schisler be appointed to the Commission for
the year 1981; that Massrs. W. Campbell, G. MacGillivray, W. Rooklayt R. Hanna,
and M. Thistlethwaite be appointed to the Commission for the years 1981 and
1982; and that Mrs. C. Bielawski be appointed to the Commission for the year
1981. Carried Unanimously.
Niagara Promotion Association - It was moved by Alderman Dilts, seconded by
Alderrash Merrett, that Aldermen Cummings and Fera be appointed to the
Association for the years 1981 and 1982. Carried Unanimously.
Civic Month Committee - It was moved by Alderman Orr, seconded by Alderman
Kerrio, that Aldermen Janvary and Schisler be appointed to the Committee for
the years 1981 and 1982. Carried Unanimously.
Livestock and Poultry Valuers - It was moved by Alderman Cheesman, seconded
by Alderman Somerville, that Messrs. J. Brunning and J. Bouw be appointed as
Livestock and Poultry Valuers for the years 1981 and 1982. Carried Unanimously.
Social Planning Council - It was moved by Alderman Fera, seconded by
Alderman Baker, that Alderm~n Cummings and Orr be appointed to the Council
for the years 1981 and-1982. Carried Unanimously.
Niagara Regional Tourist Council - It was moved by Alderman Diits, seconded
by Alderman Martart, that Alderman Orr be appointed to the Council for the
years 1981 and 1982. Carried Unanimously.
Examining Board of Plumbers - It was moved by Alderman Dilts, seconded by
Alderman Kerrio, that Messrs. H. Detlor and M. Sokolowski be appointed to
the Board for the years 1981 and 1982. Carried Unanimously.
Y.W.C.A. Board of Directors - It was moved by Alderman Orr, seconded by
Alderman Cummings, that Alderman Janvary be appointed to the Board for the
years 1981 and 1982. Carried Unanimously.
United Way Board of Directors -,~t was moved by Alderman Merrett, seconded
by Alderman Cummings, that Alderman Somerville be appointed to the Board
for the years 1981 and 1982. Carried Unanimously.
Weed Inspector - It was moved by Alderman Cummings, seconded by Alderman
Dilts, that Mr. V. Scaringi be appointed as Weed Inspector for 'the period
of May let, to October 31st, 1981. Carried Unanimously.
Main and Perry Board of Management - It was moved by Alderman Chessman,
seconded by Alderman Orr, that Alderman Puttick and Mrs. L. Fleming, I. Bald,
P. AltridSe, Messrs. D. StirtziBger, G. Mullet and M. ClinCersmith be appointed
to the Board for the years 1981 and 1982. Carried Unanimously.
Municipal Parking & Traffic Committee - It vas moved by Alderman Dilts,
seconded by Alderman Kerrio, that Alderman Fera and Marrett be appointed
to the Committee for the years 1981 and 1982. Carried Unanimously·
- 11 -
Management Committee for Community Resources Centre - It was moved by
Alderman Cummings, seconded by Alderman Dilts, that Alderman Kerrio be
appointed to the Committee for the years 1981 and 1982. Carried Unanimously.
Finance Committee - It was moved by Alderman Cummings, seconded by Alderman
Cheesman, that Mayor Thomson and Aldermen Cheesman, Cummings, Dilts, Janvary,
Kerrio, Merrett and Puttick be appointed to the Committee for the years 1981
and 1982. Carried Unanimously.
Local Architectural Conservation Advisory Committee - It was moved by
Alderman Merrett, seconded by Alderman Cummings, that Alderman Cheesman and
Messrs. D. Chapman, F. Petrie, B. Robertson, W. Robinson, Mrs. A. Walker,
Mrs. C. Pirie, Mrs. J. Young and Dr. J. Davidson be appointed as members of
the Committee for the years 1981 and 1982. Carried Unanimously.
Court of Revision - It was moved by Alderman Orr, seconded by Alderman Merrett,
that Messrs. G. Finkbeiner, F. Ingham and G. Prate be appointed to the Court
of Revision for the years 1981 and 1982. Carried Unanimously.
Niagara Falls Board of Museums - It was moved by Alderman Dilts, seconded
by Alderman Janvary, that Aldermen Baker and Schisler be appointed to the
Board for the years 1981 and 1982; that Messrs. K. Warren, R. Galbraith,
and P. McKenna be appointed to the Board for the years 1981, 1982 and 1983;
that Messrs. F. Brunning and D. Mackenzie be appointed to the Board for the
yeras 1981 and 1982; and that Mr. M. Hopkins and Mrs. E. O'Shell be appointed
to the Board for the year 1981. Carried Unanimously.
Niagara Peninsula Conservation Authority - It was moved by Alderman Cummings,
seconded by Alderman Orr, that Mrs. E. Bearss and Messrs. F. Pettie and
J. Dominski be appointed as the City's representatives to the Authority for
the years 1981 and 1982. Carried Unanimously.
Performance Evaluation Working Group - It was moved by Alderman Cummings,
seconded by Alderman Baker, that Mayor Thomson and Aldermen Cheesman, Dilts
and Merrett be appointed as the Performance Evaluation Working Group. Carried
Unanimously.
Drainage Committee - It was moved by Alderman Cummings, seconded by Alderman
Merrett, that Aldermen Baker, Dilts, Kerrio, Puttick, Somerville and Mayor
Thomson be appointed as the Drainage Committee. Carried Unanimously.
Parking, Traffic & Tourism Study Advisory Committee - It was moved by Alderman
Cheesman, seconded by Alderman Fera, that Mayor Thomson and Alderman Merrett
be appointed as the Parking, Traffic & Tourism Study Advisory Committee. Carried
Unanimously.
Employee Suggestion Plan Committee - It was moved by Alderman Chessman,
seconded by Alderman Merrett, that Mayor Thomson and Alderman Dilts be
appointed as the Employee Suggestion Plan Committee. Carried Unanimously.
Ryerson-Market Park Steering Committee - It was moved by Alderman Chessman,
seconded by Alderman Dilts, that Aldermen Merrett and Mayor Thomson be
appointed to the Ryerson-Market Park Steering Committee. Carried Unanimously.
Niagara Falls Arena Renovations Steering Committee - It was moved by
'Alderman Cheesman, seconded by Alderman Somerville, that Mayor Thomson and
Aldermen Cheesman, Cummings, Dilts, Merrett and Orr be appointed to the
Committee. Carried Unanimously.
Municipal Works Committee - It was moved by Alderman Fera, seconded by
Alderman Cheesman, that Mayor Thomson and Aldermen Baker, Dilts, Kerrio and
Somerville be appointed as the Municipal Works Committee for the years 1981
and 1982. Carried Unanimously.'
It was moved by Alderman Chess" &aa"mded by AIderman Merrett, that
the meeting adjourn. Carried U-.'
READ AND ADOPTED,
· . , CITY CLERK '
MaYOR WAYNE THOMSON
FOjRTH MEETING
COMMITTEE OF THE WHOLE
Council met on Monday, December 22, 1980 at 4:30 p.m.
the Whole. All members of Council were present.
as Chairman.
Coramittee Room #1
December 22, 1980
in Committee of
Alderman Cummings presided
Following consideration of the items presented, the Committee of the
Whole rose without reporting. Carried Unanimously.
READ AND ADOPTED,
· L. CITY
MAYOR WAYNE HOMSON
Council Chambers
December 22, 1980
Council met on Monday, December 22, 1980 at 5:30 p.m. for the purpose of
considering general business. All members of Council were present. His
Worship, Mayor Thomson presided as Chairman. Alderman Cummings offered the
Opening Prayer.
i
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fera, seconded by Alderman Baker,
that the minutes of the meeting held on December 8, 1980, be adopted as
printed. Carried Unanimously.
COMMUNICATIONS
No. 12 - Environmental Assessment Board - Re: Regional Municipality of
Niagara/Town of Fort Erie Proposed Sanitary Sewage Works Facilities - Notice
of Public Hearing. The communication advises that the Environmental
Assessment Board will hold a hearing on January 6, 1981 at 10:00 a.m. in
the City Hall Council Chambers on the proposed sanitary sewage works
facilities to be located in the southwest quadrant of the intersection of
Baker Road and the Queen Elizabeth Way.
ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that
the date'of the hearing be noted and that the City's Legal Department be
authorized to appear in support of the application. The motion Carried with
Alderman Schisler voting contrary, and all others voting in layout.
No. 13 - Ministry of the Attorney General - Re: Court House Facilities. The
communication advises that Provincial f~rrecasts for the next two fiscal years
{ndicate that no new capital projects will be undertaken.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville,
that the communication be received and filed, and that the special Court House
Committee be reactivated to consider the possibility of new as well as the
disposition of existing court facilities. Carried Unanimously.
No. 14 - Ministry of Culture and Recreation - Re: International Year of
Disabled Persons. The communication advises that 1981 has been declared by
the United Nations as International Year of Disabled Persons, and urges
the City to undertake special plans for 1981 with this theme in mind.
Mayor Thomson suggested that the Ministry be advised of the "Operation
Horseshoe" plans being undertaken in the City in recognition of the International .
Year of Disabled Persons.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary,
that the communication be received and filed and copies sent to the Recreation
Commission and the Social Planning Council. Carried Unanimously.
2
No. 15 - Mr. E. Broadbent - Re: Conmunity Services Contribution Program.
The communication requests endorsement of a resolution calling for the
reinstatement of the Community Services Contribution Program.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that
the resolution be endorsed. Carried Unanimously.
No. 16 - Regional Municipality of Niagara - Re: Intersection of Stanley Avenue
and Valley Way. The communication advises that it is the Region's understanding
that the entire project will be carried out by the City with the Region paying
its share of the engineering and construction costs for the small portion of the
works within the Stanley Avenue right-of-way; the Region will install traffic
signals at the new intersection and this work would be-timed to coincide with
the opening of the new alignment.
The Director of Engineering provided additional information in response
to a number of questions raised by Alderman Cummings concerning comments in
the Region's communication.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that
the communication be received and filed. Carried Unanimously.
No. 17 -"Regional Municipality of Niagara - Re: Proposed Establishment of a
Niagara Development Corporation. The communication outlines a proposal for
the establishment of a Niagara Development Corporation to promote and
encourage the economic development of the Niagara Region.
ORDERED on the motion of Alderman Fete, seconded by Alderman Chessman, that
the communication be received and filed. Carried Unanimously.
No. 18 - Mr. W.A. Amadio - Re: Bridge Street Athletic Grounds. The
communication asks whether the City would be willing to sell what remains
of the Bridge Street athletic grounds at a fair market value.
In response to a question raised by Alderman Puttick, Mayor Thomson
advised that the appearance of the park is deceiving. The City only owns
about 1.7 acres, and most of the land used for the park is privately owned.
If the privately owned land were used for some purpose, the size of the
park would be reduced considerably. Alderman Puttick referred t'~ a similar
request to purchase this property a number of years earlier, and for some
legal reason, the park could not be sold. The Alderman suggested that the
comments of the City Solicitor should be obtained prior to Council making
a decision whether or not to sell the park.
Following further comment, it was moved by Alderman Cummings, seconded
by Alderman Merrett, that the communication be referred to staff and the
Recreation Commission for the preparation of a report. Carrie~ Unanimously.
No. 19 - Niagara Region Opera Guild - Re: Opera Week, March 1 - 7, 1981.
The communication requests that the week of March 1 - 7, 1981, be proclaimed
'Opera Week in Niagara Falls.
ORDERED on the motion of Alderman C~mmings, seconded by Alderman Cheesman,
that the request be approved subject to the established policy on proclamations.
Carried Unanimously.
No. 20 - Skyion Centre - Re: Jolley Cut. The communication requests that
some action be taken to improve the general appearance of the "Jolley Cut"
area, in particular the lighting, before the 1981 tourist season commences.
ORDERED on the motion of Alderman Fare, seconded by Alderman Dilts, that
the communication be referred to,~etaff for .the preparation of a report.
Carried Unanimouely.
No. 21 - Niagara Falls Minor Rockey Association - Re: Referee's Dressing Room.
The communication requests that the City improve the referee's dressing room
in the Stamford Memorial Arena.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that
the communication be referred to staff for the preparation of a report.
~'Carried Unanimously.
No. 22 - Ontario Federation of Agriculture - Re: Market By-laws. The
communication requests that the farmers who participate in the City's markets
be notified before first reading of a new market by-law.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary,
that a copy of any;proposed by-law relating to the market be sent t~ the
Association prior to passage by Council. Carried Unanimously.
- 3 -
No. 23 - Mrs. L. Sava~_~_- Re: Appointment to Project Trillium. In the
communication, Mrs. Savage advises that she cannot accept the appointment
to Project Trillium, and comments that the manner in which the appointments
were handled suggested a private meeting.
In response to a question raised by Alderman Puttick, Mayor Thomson
advised that the meeting at which the appointments were discussed was an
informal session held in Committee Rooms #2 and #3, at which the press
was present and any other individual wishing to attend was welcome.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that
the communication be received and filed, and that Mrs. Savage's name be kept
on file should a vacancy occur on another board or committee. Carried
Unanimously.
REPORTS
No. 46 - Planning & Development Committee - Re: Official Plan Amendment No.
119 and Zoning By-law Amendment Application AM-9/80, Mr. & Mrs. C. Reese on
Montrose Road. The report recommends approval of the application for an
existing home to be converted and used as a restaurant with an addition of
a new structure to be used as an inn for accommodation containing approximately
twenty units and one residential unit.
In response to a question raised by Alderman Chessman, Alderman Merrett
advised that the application would have some servicing problems, and the
Committee had therefore granted approval subject to all requirements of the
City's Municipal Works Department being met. The Director of Municipal
Works also provided information regarding the servicing requirements for the
proposal.
Alderman Puttick referred to a similar application for rezoning of a
property within close proximity to the subject application which had been
denied by Council, and asked why the second proposal was being considered
more favourably than the first. The Planning Director advised that there
is an existing house on the property which is under used, and the proposal
is to make a unique restaurant out of the house and later add a unique motel
proposal. It was felt that there could not likely be a better use for the
· house, as long as it does not affect future residential development, and that
concern has since been satisfied. Alderman Fera also advised that Planning
staff had recommended approval of the first application, but Council had
seen .fit not to approve the rezoning.
Following further comment, it was moved by Alderman Merrett, seconded
by Alderman Dilts, that the report be received and adopted. Carried UnanimousiX.
See Resolution No. 6
See By-laws 80-248,'
80-249 and 80-250
No. 47 - Planning & Development Committee - Re: Zoning Amendment Application
· AM-13/80, W~ Molodynia, 6214 Main Street. The report recommends approval of
the application subject to site plan control.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
See By-law No. 80-251
No. 48 - City Manager - Re: Site Plan Control Policy. The report recommends
adoption of the Site Plan Control Policy in accordance with the new Section
35a of The Planning Amendment Act 1979.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fare, that
the report be received and adopted. Carried Unanimously.
No. 49 - City Manager - Re: Lot 8, Falls Industrial Park Extension. The
report recommends the sale of Lot 8, Plan M-67 to Mr. DhanraJ Shihora at a
purchase price of $15,965, and that the Legal Department be authorized to
prepare the-appropriate legal documents.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
No. 50 - City Manager - Re: Sunnylea Construction Limited et al - Exemption
from Part Lot Control Provisions under The Planning Act for Certain Lots in
Plane 260 and 265. The report recommends passage of two by-laws to authorize
an agreement with Sunnylea Construction Limited et al and to designate certain
land not to be subject to part lot control.
-4-
In response to a question raised by Alderman Baker, the Planning
Director advised that semi-detached homes will only be permitted on
twenty lots, with the remainder to be single family as a result of the
original objection by the owner and developer prior to passage of
By-law 79-200. A compromise was reached on the twenty lots, and the
report was following that compromise through to completion.
ORDERED on the motion of Alderman Orr, seconded by Alderman Somerville,
that the report be received and adopted. Carried Unanimously.
See By-laws 80-252
and 80-253
No. 51 - City Manager - Re: A. Selftied Builders Limited and Lots 20 to 28,
Plan M-52. The report recommends passage of by-laws to authorize the term-
ination of an agreement between the City and A. Selftied Builders Limited
and to repeal By-law No. 80-65.
ORDERED on the motion of Alderman Fete, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
See By-laws 80-254
and 80-255
No. 52 - City Manager - Re: Amending Agreement with Fruitbelt Trucking Inc.
The report recommends passage of a by-law to authorize an amending agreement
with Fruitbelt Trucking Inc. for the development of a trucking office complex
on the west side of Stanley Avenue south of Highway #405.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Somerville,
that the report be received and adopted. The motion Carried with Alderman
Puttick voting contrary, and all others voting in favour.
See By-law No. 80-25
No. 53 - Finance Committee - Re: Italian Earthquake Fund. The report
recommends that the City donate $2,500 to the Italian Earthquake Fund.
Mr. G. Ferretti, Regional Campaign Chairman for the Italian Earthquake
Relief Fund of the Niagara Region, thanked Council for the donati_~on and
expressed his appreciation for the assistance. Alderman Cummings stated
that in January, Mr. R. Quiun, o~-ner of the Niagara Falls Flyera, would be
holding an Italian Heritage Night at the Arena with the proceeds going
to the Relief Fund. The Alderman suggested that the City's cheque could
be presented at that time. Mr. Ferretti indicated that the occasion would
be ideal for the presentation.
ORDERED. on the motion of Alderman Chessman, seconded by Alderman Merrett,
that 'the report be received and adopted. Carried Unanimously.
No. 54 - Finance Committee - Re: Uncollectible Taxes. The report recommends
that the Treasurer be directed to strike the following list of uncollectible
business tax accounts off the tax roll.
The City Treasurer provided additional information in response to a
number of questions raised by Aldermen Baker and Puttick.
ORDERED on the motion of Alderman Chessman, seconded by Alderman cumminJ~,
that the report be received and adopted. Carried Unanimously.
No. 55 - City Manager - Re: Temporary Borrowing for Current Expenditures for
1981. The report recommends passage of a by-law in respect to borrowing for
current expenditures for the yea~ 1981.
In response to a question raised by Alderman Dilts, the City Treasurer
stated that the borrowing costs in 1981 were high because the City did
raise sufficient funds iu the first insraiment of taxes, however the additional
instalments had assisted in the long run since tax collections have improved,
Alderman Dilts felt that Council should consider going back to the previous
system of fever instalments, since it was not likely .the rate of interest
would lower to previous levels.
tlderman Puttick asked what the City's bank balance was in view of an
outstanding tax account of nearly half of a million dollars that was collected
recently. The City Treasurer stated that the City was out of debt until
December 15th at which time it was necessary to borrow to pay the School Board
requisition. Alderman Puttick felt that if the City had to borrow to pay
the School Board, then somewhere along the line budgets were not being
prepared properly. The City Treasurer explained that the City budgets on
a no-profit basis. If Council wished, it could over-levy and establish
-5 -
reserves, however the philosophy had always been that the taxpayers should
pay for what they are going to get in the current year. The City Treasurer
advised that part of the City's borrowing is with utilization of municipal
funds whereby the money is borrowed and the account affected is credited at
the investing rate.
Alderman Merrett asked if it would be possible to change the payment
procedure on taxes in 1981. The City Treasurer felt such a change would be
disruptive for the interim billing, but could be managed in the final billing.
Alderman Merrett suggested that the entire matter be discussed by the
Finance Committee as soon as possible.
Following further comment, it was moved by Alderman Dilts, seconded by
Alderman Kerrio, that the report be received and adopted. Carried Unanimously.
No. 56 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
The City Treasurer provided additional information on Cheques Nos. 10062,
10077, 10103, 10140 and 10169 in response to questions raised by Aldermen Dilts,
Puttick, Schisler and Mayor Thomson.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 57 - City Manager - Re: Schedule of Meetings - Month of January, 1981.
The report reconnmends that the first regular meeting of the new year be held
on Manday January 12, 1981, that a general committee session be held on
January 19, 1981, and a regular session on Monday, January 26, 1981.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Orr, that
the report be received and adopted. Carried Unanimously.
No. 58 - City Manager - Re: New Agreement for Niagara District Airport., The
report recommends passage of a by-law to authorize the execution of an agreement
respecting Niagara District Airport.
In response to a question raised by Alderman Cummings, the Deputy
Solicitor indicated that approvals have been received from all other
participating municipalities.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
See By-law No. 80-258
No. 59 - City Manager - Re: Imposition of Special Annual Drainage Rates under
the Tile Drainage Act, 1971. The report recommends passage of a by-law imposing
special drainage rates under The Tile Drainage Act, 1971, upon the lands owned
by Mr. Wayne DeYoung, said lands being located in Lot 7, Concession 6, former
Township of Crowland now City of Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
· No. 60 - City Manager - Re: Data Processing Supervisor. The report recommends
that a management position of Data Processing Supervisor be created at an annual
salary of $21,150, and that the Union position of Computer Programmer Trainee
be filled at a starting salary of $12,631.
Alderman Schisler felt that the salary offered for the supervisory position
was much higher than for similar positions in other businesses and industries.
Alderman Puttick stated that unless the positions could be filled without
increasing staff, he could not support the recommendations. The Alderman felt
that increasing staff at a time when the City was in a no-growth situation, was
· poor management, and that the reasons outlined in the report for hiring a
supervisor were not sufficient to warrant an increase in staff.
Alderman Cheesman pointed out that with the planned purchase of certain
equipment, the City would have the capability of producing its own tax bills.
P~ather than an increase in the cost of operation, the Alderman pointed out
that costs would decrease taking into account both the elimination of the
cost of producing the tax bills elsewhere and the planned reduction of
supervisory staff in the Finance Department within two years. Alderman
Chessman felt that for the reasons outlined~ the recommendations indicated
good management on the part of the City.
Alderman Dilts indicated that although he was in favour of the
recommendations, he did not agree with an increase in the number of staff.
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The Alderman felt that the positions should be filled without increasing
staff, possibly through attrition when the first retirement occurs.
Alderman Fera felt that because of the economic climate, the City
should not be hiring people, however due to the urgency of the City being
able to produce its own tax bills, he would have to support the recommenda-
tions. In response to a question raised by Alderman Fera, the City Treasurer
advised that both positions would be advertised internally. It was
anticipated that the supervisor Job would be filled from within, however
it was possible that there might not be any employees qualified to fill the
trainee position.
Following further comment, it was moved by Alderman Cheesman, seconded
by Alderman Kerrio, that the report be received and adopted. The motion
Carried with Alderman Puttick voting contrary, and all others voting in
favour.
RESOLUTIONS
No. 6 -MERRETT - DILTS - RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby certifies that By-law No. 80-249 for the
rezoning of lands on the west side of Montrose north of Thorold Stone Road,
will conform to Official Plan Amendment No. 28 of the Niagara Falls Planning
Area, once Amendment No. 119 has been approved by the Minister of Mousing;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
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. 80-248 - A By-law to provide for the adoption of an amendment to the Officia.
Plan of the Niagara Falls Planning Area. (No. 119, R_~eese)
No. 80-249 - A By-law to amend By-law No. 79-200 of the City of Niagara Falls
and By-law No. 2350, 1959 of the former Township of Stamford, now
in the City of Niagara Falls, as amended. (AM-9/80, Reese)
No. 80-250- A By-law to designate an area of land in the City of Niagara Falls
as a site plan control area. (Reese)
No. 80-251 - A By-law to amend By-law No. 79-200 of the City of Niagara Falls
and By-law No. 2530, 1960 of the former Township o~ Stamford, now
in the City of Niagara Falls. (AM-13/80, Molodynia)
No. 80-252 - A By-law to designate certain land not to be subject to part lot
control. (Plans 260 and 265, Chippaws)
No. 80-253 - A By-law to authbrize an agreement with Sunnylea Construction
Limited et al respecting certain lots on Registered Plan No. 16
for the former Village of Chippawa, now known as Plan No. 265 and
Registered Plan No. 11 for the former Village of Chippawa, now
known as Plan No. 260.
No. 80-254 - A By-law to authorize the termination of an agreement with A.
Selftied Builders Limited respecting certain lots on Plan M-52.
No. 80-255 - A By-law to repeal By-law No. 80-65 to designate certain land not
to be subject to part lot control. (Plan M-52)
No. 80-256 ~ A By-law to authorlze~.an amending agreement with Fruitbelt
Trucking Inc.
No. 80-257 - A By-law to authorize the borrowing of $7,000,000.00 for current
expenditures for t~e year 1981.
No. 80-258 - A By-law to authorize the execution of an agreement respecting the
Niagara District Airport.
No. 80-259 - A By-law to impose a special annual drainage rate upon land in
,Xespec~..Df~hi~O~ey is borrowed under The Tile Drainage Act,
1971.
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No. 80-260 - A By-law to provide monies for general purposes.
Carried with Alderman
Puttick voting contrary
on By-law No. 80-~56,
all others voting in
favour.
ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that
the following by-laws be now read a second and third time:
No. 80-248 - A By-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Falls Planning Area. (No. 119, Reese)
No. 80-249 - A By-law to amend By-law No. 79-200 of the City of Niagara Falls
and By-law No. 2350, 1959 of the former Township of Stamford, now
in the City of Niagara Falls, as amended. (AM-9/80, Reese)
No. 80-250 - A By-law to designate an area of land in the City of Niagara Falls as a site plan control area. (Reese)
No. 80-251 - A By-law to amend By-law No. 79-200 of the City of Niagara Falls
and By-law No. 2530, 1960 of the former Township of Stamford, now
in the City of Niagara Falls. (AM-13/80, Molodynia)
No. 80-252 - A By-law to designate certain land not to be sub.]ect to part lot
control. (Plans 260 and 265, Chippawa)
No. 80-253 - A By-law to authorize an agreement with Sunnylea Construction
Limited et al respecting certain lots on Registered Plan No. 16
for the former Village of Chippawa, now known as Plan No. 265 and
Registered Plan No. 11 for 'the former Village of Chippawa,~now
known as Plan No. 260.
No. 80-254 - A By-law to authorize the termination of an agreement with A.
Seifriad Builders Limited respecting certain lots on Plan M-52.
No. 80-255 - A By-law to repeal By-law No. 80-65 to designate certain land not
to be subject to part lot control. (Plan M-52)
No. 80-256 - A By-law to authorize an amending agreement with Fruitbelt
Trucking Inc.
No. 80-257 - A By-law to authorize the borrowing of $7,000,000.00 for current
expenditures for the year 1981.
No. 80-258 - A By-law to authorize the execution of an agreement respecting the
Niagara District Airport.
NO e
80-259 - A By-law to impose a special annual drainage rate upon land in
~ respect of which money is borrowed under The Tile Drainage Act,
1971.
No. 80-260 - A By-law to provide monies for-general purposes.
Carried with Alderman
Puttick voting contrary
on By-law No. 80-256,
and all others voting
in fayour.
NEW BUSINESS
MESSAGE OF CONGRATULATIONS - MRS. SHIRLEY CARR
At the request of Mayor Thomson, it was moved by Alderman Curmnings,
seconded by Alderman Fera, that a message of congratulations be sent to Mrs.
Shirley Cart upon her appointment as an Officer of the Order of Canada.
Carried Unanimously.
BIRTHDAY WISHES
Mayor Thomson offered his best wishes and those of the Council to
the Council Secretary, Mrs. Puthey, in honour of her birthday, December 22,
1980.
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APPOINTMENT TO PROJECT TRILLIUM
Since Mrs. L. Savage had declined her appointment to the Pro~ect
Trillium, Alderman Janvary offered to serve in this capacity. It was
moved by Alderman Cheesman, seconded by Alderman Merrett, that Alderman
Janvary be appointed to the Project Trillium for the years 1981 and 1982.
Carried Unanimously.
MEMBERSHIP OF COUNCIL
Alderman Puttick felt that Council should set up a committee to review
the possibility of reducing the size of Council and the current ward system.
Mayor Thomson suggested that the matter be discussed at one of the General
Committee sessions to be held in January. In response to a question raised
by Alderman Pera, Mayor Thomson confirmed that there had been a previous
attempt by the City to change the ward system and have an election strictly
at large, however the Province would not permit any changes.
Following further comment, it was moved by Alderman Puttick, seconded
by Alderman Chessman, that the matter be referred to a General Committee
session for discussion in January, 1981. Carried Unanimously.
OVERSTAFFING WITHIN THE REGION
Alderman Puttick stated that not only was he concerned with the number
of elected representatives on municipal councils within the Region, but the
possible overstaffing of the Region and area municipalities. The Alderman
felt that a general meeting of Regional officials and representatives of ~he
area municipalities should be arranged to determine whether in fact this
overstaffing exists. Alderman Puttick stated that he had heard there were
two hundred and fifty surplus non-union Jobs within the Region. Mayor Thomson
commented that the City has sixty-five non-union employees, St.-Catharines
likely has a similar or higher number, and including the number employed by
the smaller area municipalities, the elimination of two hundred and fifty
non-union positions would eliminate most of the non-union positions within
the Region. "'
Alderman Puttick advised that he had been told by a Regional official
that the Region could incorporate the City's engineering department with
their engineering department, have a lot less staff and be a lot more
efficient. The Alderman also advised that the Region had hired a consultant
to review its Regional staff. Mayor Thomson stated that he had never seen
nor heard of any report indicating there were two hundred 'and fifty surplus
non-union positions within the Region. With respect to the hiring of a
consultant by the Region, the Mayor indicated that the consultant would be
reviewing salaries and positions at the Region, and a consultant seldom
recommends any changes other than upwards. As far as the possibility of
surplus non-union employees, Mayor Thomson stated that the Region is not
concerned with staffing in area municipalities, that is the responsibility
of the local councils.
Alderman Cummings disagreed with the comment that the Region could com-~
bine the City's engineering department with their engineering department and
operate it more efficiently. The Alderman felt that such a move would only
increase difficulties presently being experienced by area municipalities.
With respect to the suggestion that Council membership should be reduced,
Alderman Cumings commented that he pitied the members left with the committee
workload that would have ~p be borne.
CHRISTMAS WISHES
His Worship, Mayor Thomson, the members of Council and City staff
exchanged their wishes for a Merry Christmas and progressive New Year.
It was moved by Alderman Chees~p-n, ded by Alderman Fera, that the
meeting adjourn. Carried Unani~'
P, EADANDADOPTED,
MAYOR WAYNE THOMSON