Minutes1977FIRST MEETING
INAUGURAL MEETING Council Chambers
January 5, 1977
In accordance with the provisions of The Municipal Act and By-law No. 7268
of the City of Niagara Falls, the Council met at 4:30 p.m. in the Council Chambers
at City Hall. The Council included His Worship, Mayor George Bukator, and
Aldermen Charles Cheesman~ David A. Crowe~ Anthony Fera, Jan Jaluvka, A.A. MacBain,
Douglas A. Mann, Seaman Mooney, Robert C. Orr, Harry L. Schisler, Mary Sobol,
Edward E. Stewart and S. Wayne Thomson. All Members of Council were present
with the exception of Alderman Thomson.
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 Donald
J. Wallace. -
It was then Ordered on the motion of Alderman Orr, seconded by Alderman Mann,
that a vote of thanks be extended to His Honour Judge Donald J. Wallace for
administering the Oaths of Office to His Worship Mayor Bukator and Members of
Council. -
The Reverend Michael Beacom offered the following Prayer of Invocation:"
Mighty God, we acknowledge your presence here today~ for you show ~
yourself to us in all the events of life, and your concern iS shown daily
aS we work out. our lives together in the community. Accept what has
been said and done here as an offering of our intent tc serve you and
our neighbout in this City of Niagara Falls. May your justice and
mercy and wisdom rule in our public and private life. When we are
right, may we not stop short of our goal; when we are wrong, may we
receive the swift correction of our peers; when we are uncertain or
when we are faced with equally hard alternatives, may we work
sensitively toward an acceptable resolution. Father, equip this
Council with wisdom and humour, that their acts may illustrate
their intentions throughout their terms of office and to you be
praise and honour, ever one God. Amen.
Following the Invocation, it was Ordered on the motion of Alderman Crows,
seconded by Alderman Mooney, that Reverend Michael Beacom, the Officiating
Clergyman, be thanked for his presentation of the Prayer of Invocation and
soliciting Divine Guidance for the 1977-78 Council. '
His Worship Mayor George Bukator then delivered his Inaugural Address
Reverend Sirs, Honoured Guests, Members of Council, Ladies and Gentlemen:
To those expressions of appreciation contained in the resolution passed
by Council, may I add my personal thanks to Reverend Beacom for his kind
.remarks. May I also say "~hank You" to all of those who took part in today's
ceremony as well as those in attendance.
It is with a feeling of utmost gratitude and deep personal appreciation
that I address you as Mayer of the City of Niagara Falls for the 1977-78 term
of office. This gratitude and appreciation is extended, not only to the
residents of the City who have graciously provided me with the opportunity
to serve them again, but to the Members of the 1975-76 Council and municipal
staff who made the Freceding term a most rewarding experience.
Much was accomplished during the last two years, not necessarily because
of any particular influence that I, as your Mayor, have been able to exert,
but rather due to the efforts of thirteen people working together as a body.
Before looking ahead, I would like to pay tribute to those members of Council
who w~ll not be with us in the forthcoming term;
Not with us in the new termwill be former Aldermen Harrigan, Michael,
Puttick and Smeaton. Don Wallace was lost to us earlier in the year when he
was elevated to the Provincial Bench. Alderman Smeaton will continue to
serve us at the Regional level, along with Councillors Mttchelson and Scott.
Councillor Bob Keighan has as well retired from Regional Government, I wish
all those who have retireds good health and success in their future endeavours.
May I congratulate all Members of Council, those re-elected and those
newly elected - speaking alphabetically, Aldermen Jaluvka, MacBain, Moohey
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and Sobol. The new Council represents a splendid cross section of the
community and if we continue to work together, I am sure the electorate
will have excellent representation during the next two years.
The Inauguration of the 1977-78 Council marks the beginning of a new
term, and I do not intend to dwell extensively on past accomplishments, but
it was with a sense of personal satisfaction that I reviewed the objectives
outlined in my previous Inaugural Address. These objectives included
amendments to The Bail Reform Act, construction of a new police building,
expansion of the parking facilities at the Niagara Falls Arena, re-establishment'
of a Junior "A" Hockey Team in the City, commencement of construction of
the Niagara Square shopping complex, agreement for full tax payment by the
Niagara Parks for which we thank the Chairman, The Honourable James Allan
and his Commission, construction of the Buckley Avenue senior citizens'
complex, construction of the Robinson Street bridge and many others. Most
of these projects have now been achieved.
Some of our objectives, such as railway relocation, are accepted as long
range projects and must be the subject of continued negotiations. With respec
to this latter item, I am pleased to announce that confirmation has been
received that the Federal Government will participate with Provincial and
Municipal authorities in the undertaking of a railway relocation study.
It would be wonderful indeed if, at this Inaugural meeting, I could
premise the residents of the City increased services and reduced taxes. We
all know that such a statement would be irresponsible. One thing that we
all must realize is the fact that you cannot demand more and pay less.
During most election campaigns, the cry of "financial restraint" has been
a popular device to gain the support of the voters. The continuing increase
in the percentage of the income dollar needed to support governments is a
legitimate concern to us all. However, we must be realistic and realize
that at the municipal level, we are limited as far as the tax rate is
concerned. For example, the Municipality must meet its commitments for
Regional purposes, as it must meet the requisition for school purposes.
The promise to exercise fiscal restraint might indicate that such
restraint has not, in fact, been practised in the past. This is not correct.
I know that previous Councils have been aware of the demand placed upon the
ratepayers' pocketbooks and have made a genuine attempt to lessen the
financial demands. We must recognize the fact that certain costs, as
indicated earlier, are of a fixed nature - for example, education, Regional
levy, salaries and wages, repayment of debenture costs, etc.
The obvious area for adjustment is in the variable costs, and even these.,
are subject to uncontrollable items. While we recognize that the level of
taxation is of concern, can we afford to reduce and are we willing to accept
a reduction in the level of such services as firefighting, snow plowing or
road repairs? Even for such variable costs as snow plowing, we have no way
of controlling the amount of snow that falls, thereby increasing our costs
for this service. The Municipality, as a corporate entity, faces the same
dilemma as its residents in that it is subjected to the uncontrollable costs
for example, the rising costs of services, commodities such as equipment,
gasoline, etc.
One obvious solution to the economic problem is to examine the manner
in which the tax dollar is being spent to determine if that-same tax dollar
could be used to generate greater productivity. Let me provide you with an
example. This City has been very fortunate in having citizens working in
groups who wish to provide a service to the community. These groups, such
as the Optimist Club, Boys and Girls Club, Y.M.C.A., Kinsmen, Lions' Club
and many others, provide many services at a cost far below what it would cost
the City to provide the same service. Our Municipality has been very
fortunate to be able to participate in such JSint undertakings. During the
forthcoming term, the Niagara Falls Lions Club will provide to our residents [
the City's first outdoor artificial rink, to 'be located at the Dr. Fingland
Day Care Centre on Dru~wond Road. This is an excellent example of the
objectives that can be achieved through co-operation.
Our objective must be to provide an acceptable level of service at a
reasonable cost. With respect to the long term debt of the Municipality, I
would suggest that Council review its debt position in conjunction with the
consideration of the 1977 Capital Budget later this month and also make
periodic reviews during the course 'of the year.
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Notwithstanding legitimate concern regarding the increase in taxation,
statistics reveal that this Municipality has a moderate tax rate when compared
to cities of comparable size. HoWever, we must not become complacent regarding
the favourable tax level we enjoy. Keeping costs down warrants our continuing
examination and concern.
During the past term, considerable publicity was generated on the subject
of increased police protection for the Municipality. This is one area which
I believe has caused serious concern to your representatives. A discussion
has been held with the Police Commission regarding the present level of
service and I am told that we are now receiving good value for our tax dollars.
If my vote is required to provide more dollars for better police protection
in the City of Niagara Falls, then you have my word that is how I will vote.
Dealing generally with the administration of justice, I propose in the
forthcoming term to meet with the appropriate government officials to discuss
the possibility ~ erecting a courthouse facility as part of the civic complex.
This idea was originally included as part of the City Hall-Police Building-
Courthouse plan. In the.past number of years, the Ministry of Government
Services has leased the former city hall for courthouse purposes. I am told
that surrounding areas have inadequate facilities and I intend to advance the
idea that one modern facility within the City could adequately serve the
outlying areas as well. The construction of such a facility should be "
undertaken by the Municipality and provided to the Province on a leaseTback
agreement. J-
The past Council term saw the initiation of several programs which have
proven to be an unqualified success in an attempt to improve existing housing
standards. These programs have been the Neighbourh~od Improvement Program
(N.I.P.), and the Ontario Home Renewal Program (O.H.R.P.) These programs
have been most encouraging in that they have directed funds to revitalization
of the established areas in our City. Our Municipality has been a leader in
these programs and we expect that hundreds of home owners will benefit
through these various projects.
It is encouraging to note the success of the Hoards of Management
currently active in the City and our businessmen are to be congratulated
for these self-help programs. Their success is shown by the application
now being processed for the extension of the Downtown Business Area. The
City has strengthened the business areas by the provision of market places
both at the south end and the downtown business area. It is hoped during
the forthcoming term that we shall be able to complete the paving of' the
parking area at the Sylvia Place Market.
During the current year, we hope to complete the Transit complex. At
present, Transit officials are continuing their negotiations with Con-Rail
for the acquisition of additional land. Negotiations have also been
completed for the acquisition of the remaining property facing Erie Avenue.
The City. has, in effect, carried out its own urban renewal program on
Erie Avenue, which has resulted in an excellent transportation complex,
75 per cent of the cost of which was borne by the Province of Ontario.
Our Transportation Commission is providing an excellent service. A recent
study carried out by the Ministry of Transportation and Communications of
municipalities of comparable size confirmed that the City of Niagara Falls
had a low deficit per passenger and a low deficit per capita. With the
· increasing costs of operating automobiles, I would encourage residents of
the Municipality to take greater advantage of our Transit facilities.
New bus routes will be provided to Niagara Square on its opening and
this expansion is also to provide more service on Dorchester Road and to
Dorchester Manor. In conjunction with the Transit Commission, the City
· erected several bus shelters on a test basis. These have proven to be
successful and the provision of additional shelters will be considered in
conjunction with the 1977 budget.
As soon as possible, the Transit Commission should look into the possibility
ofproviding transportation for the physically handicapped.
Of personal interest and concern to me has been the need to attract
industries to our Municipality. At times, I believe we are inclined to look
at industry as a source of tax revenue only and overlook the more important
matters. I see industry as a source of employment. The past term saw the
establishment of some fifty new businesses in our Municipality. Setting
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aside for a moment the increased tax revenue, new commercial and industrial
developments and expansions have created over 3,000 new Jobs for residents
of our City in the last four years. This, in my opinion, is the most importan
benefit of new industry.
Attracting both industry and commercial enterprise to our Municipality is
not easy. We live in a highly competitive world and we simply cannot afford
to sit back and wait for investors to decide to locate in our Municipality. We
must continue to go out and find investors and tell them the story of Niagara
Falls and what we have to offer. We cannot afford to concentrate all our
efforts on the German market. We must also look to other countries, such as
Japan. The origin of the industry is of little consequence. Their decision
to locate in Niagara Falls is of the utmost importance. While contacting new
industries, we must not overlook those that are here, and we must encourage
and support them in their current programs and any decision to expand.
One important industry we cannot overlook is the tourist industry. The
continued expansion of our tourist facilities reflects confidence in the
future of this industry in the community. However, as in other industries,
the competition for business is now international in scope and Council must
continue to co-operate with the Niagara Resort and Tourist Association in
attracting visitors to Niagara Palls.
m
One of the first duties imposed upon the new Council will be the need to
appoint available persons to serve on the various boards, commissions,
committees, etc. These boards provide a very important function for the
Municipality and I would ask the Members of Council to consider carefully
the persons to be chosen. The decisions of bodies such as the Planning Board
have a long range effect on the City.
There is, I believe, an ever increasing need for closer co-operation with
the Regional Municipality of Niagara. We have, as Regional representatives,
men with extensive experience in municipal politics and, as such, are in a
position to cultivate a higher degree of co-operation and understanding.
Regional Government is here and is a fact of life as a unit of government
designed for specific purposes and the common objective of the Region and
local government is to make the system work.
D~velopment of our Municipality is dependent upon the utmost co-operation
of the.Region. This situation is exemplified in such matters as an addition
to existing pollution control facilities, development of the Shriner's Creek
Watercourse and the establishment of approved urban boundaries. Without
this co-operation with the Region, everything will come to a stop. In order
to achieve these common goals, I intend to invite the Regional Councillors
of the City of Niagara Palls to make periodic reports to Council ~overing thos~
committees on which they serve, and to ~lso comment on any matters which t~ey
feel should be brought to the attention of the City Council.
One of the first problems which must be faced by this Council and the
Region is the Immediate expansion of the City's existing sewage treatment
facilities on Stanley Avenue. Failure to undertake immediate expansion of
the plant will have an undesirable effect upon the future development of the
City.
The coming term will see the commencement of the Stanley Avenue bridge
over the Welland River. This project will fill an urgent need for an
additional point of access for the southerly section of the City to the
queen Elizabeth Highway. It is a long overdue improvement for our Industrial
Park. The Regional Municipality of Niagara also expects to commence
Iconstruction of the Morrison Street bridge over the Hydro Canal, thereby
extending a major east-west artery in the City,
In addition to any personal objectives that I might have for the forth-
coming term, I am sure that each Member of Council will have suggestions of
equal merit. I am confident that our objectives finally adopted will reflect
the ideas advanced by all Members of Council and the spirit of co-operation
in which they are considered.'
As your Mayor, may I address a few personal comments, firstly to the
Members of Council with whom I will serve and, secondly, to the residents
of the City. We must work together for the common good as a collective unit.
Little can-be accomplished if we all decide to go in different directions.
It is most important that municipaI representatives are constantly aware of
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the needs of the people they represent. This can only be achieved by
good communications between ourselves and the people who have elected us.
To all the residents of the City, may I, on behalf of Council, solicit
your continued co-operation. We must all realize that it is not always
possible to grant every individual request.
On behalf of the members of Council, appointed officials and municipal
staff, I can tell you these people are most anxious to give service. Do
not hesitate to call me or any Member of Council if you wish to express
your views.
To all residents of the City, again my sincere gratitude for allowing
me the honour to serve you as your Mayor. May the year 1977 be filled with
every happiness for each and every one of you.
Following presentation of the Inaugural Address by His Worship, Mayor
George Bukator, it was Ordered on the motion of Alderman Cheesman, seconded
by Alderman Sobol, that the Mayor's address be included in the minutes of the
meeting.
BY-LAW
ORDERED on the motion of Alderman MacBain, seconded by Alderman Jaluvka,
that leave be granted to ~troduce the following by-law, and the'by-law be read
a first time:
No. 77-1 - A By-law to authorize the borrowing of $5',000,000.00.
Carried Unanimously
ORDERED on the motion of Alderman Fera, seconded by Alderman MacBain, that
the byelaw be now read a second and third time:
No. 77-1 - A By-law to authorize the borrowing of $5,000,000.00.
Carried Unanimously
ADJOURNMENT
ORDERED on the motion of Mderman Stewart, seconded by Alderman Orr, that
the meeting adjourn.
READ AND ADOPTED,
MAYOR
SECOND MEETING
REGULAR MEETING
Council Chambers
3anuary 17, 1977
Council met on Monday, January 17, 1977 at 4:30 p.m. for the purpose of
considering genera 1 business. All Members of Council were present. Alderman
Orr offered the Opening ~rayer.
DECLARATION OF OFFICE - ALDERMAN S. WAYNE THOMEON
Alderman S. Wayne Thomson 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.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that
the minutes of the meetings of December 29th, 1976 and January 5th, 1977, be
adopted as printed.
Alderman Crowe arrived at the meeting.
UNFINISHED BUSINESS
OPERATION OF HELICOPTERS - CITY OF NIAGARA FALLS
Report No. 1 - His Worship, Mayor Bukator - The report provides information
on the meeting held in Ottawa on December on December 2~st, 1976, with the
Honourable Otto Lang, regarding the operation of helicopters in the City of
Niagara Falls. The report recommends that copies of the report be forwarded
to the spokesman for the objectors in both border cities.
ORDERED on hhe motion of Alderman Schisler, seconded by Alderman Thomson,
that the report be received and filed, and copies forwarded to the spokesman
for the objectors in both border cities.
COMMUNICATIONS
No. 1 - Greater Niagara Senior Citizen's Association - Re: Progress Report.
The communication provides an up-to-date report on the progres~ of the Greater
Niagara Senior Citizens Association.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that
the c~unication be received and filed.
No. 2 - Niagara Society of Architects - Re: Architectural Awareness Week.
The communication requests that the week of February 13 - 19, 1977, be proclaimed
Architectural Awareness Week.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the request be approved subject to the established policy on proclamations.
No. 3 - Greater Niagara Big Brothers Association Inc. - Re: Big Brother Month.
The communication requests that the month of January, 1977, be proclaimed
Big Brother Month.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobol, that the
request be approved subject to the established policy on proclamations.
No. 4 - Canadian League for the Liberation of Ukraine - Re: Ukraines' Independence
and Unification. The communication requests that the Ukrainian National Flag be
flown in front of the City Hall on January 22, 1977, and thereafter for one full
week. An invitation is also extended to the members of Council to attend the
flag raising ceremony.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Sobol, that the
request be approved, and further that as many members of Council as possible
attend the ceremony.
No. 5 - Niagara Region Interagency Council on Smoking snd Health - Re: National
Education Week on Smoking. The communication requests that the week of January 9
- 15, 1977, be proclaimed as National Education Week on Smoking.
The City Clerk pointed out that due to the cancellation of the meeting
originally scheduled for January 10th, the dates referred to in the request had
passed,
ORDERED on the motion o£ Aldermen Thomson, seconded by Alderman Cheesman, that
the c~mmunication be deleted from the agenda.
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No. 6 - Chamber of Commerce - Re: MeetinS to Discuss Topics of Mutual Interest.
The communication extends an invitation to the members of Council and senior
staff to meet with the Chamber of Commerce on January 25, 1977 at 7:00 p.m.,
to discuss topics of mutual interest.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fern, that
the trinitarian be accepted, and that as many members of Council and senior staff
as possible attend the meetinS.
No. 7 - Chamber of Commerce - Re: Committee Workload of Members of Council.
The communication suSgests that Council scrutinize the involvement of its membeI
in an effort to reduce committee involvement.
Alderman Thomson pointed out that committee involvement by members of
Council had been reduced over recent years, in particular the membership had
been reduced on the Humane Society, and the Social Planning Council. Alderman
Fern also pointed out that while some members of Council might serve on several
committees, some of these committees only meet once or twice during the year.
Following further discussion, ittwas mooed by Alderman erawee seconded
by Alderman Chessman, that the communication be receiyed and filed. The motion
Carried unanimous ly.
No. S - Ontario Good Roads Association - Re: Seminar for Councillors. The
communication provides information on the one-day seminar for councillors to
be held durinS the 1977 O.G.R.A. convention.
The City Clerk pointed out that a report to be considered later during
the meetinS deals with this matter.
ORDERED on the metion of Alderman Schieler, seconded by Alderman Thomson, that
the communication be received and filed.
No. 9 - Canadian Niagara Power Campshy Ltd. - Re: Increase in Rates. The
counuunication advises of the increase in rates to be effective February 1, 197]
Alderman art felt that Council should resister some objection to the
increase in rates. The Alderman pointed out that other municipalities are
taking similar action with respect to the risinS cost of energy, and he felt
that since the Savefoment had imposed wage controls, similar controls should
be placed on the price of power. Alderman Chessman felt that Council should
not be makinS a decision &n the merits of the increase, without 'the benefit
of supportinS information that would indicate whether or not the increase is
Justified.
Following further comment, ~t was moved by Alderman art, seconded by
Alderman Crows, that the con~nunication be received and filed, and that the
Canadian Niagara Power Company be advised of Council*~ objection to the
increase in rates. The motion Carried with the followinS vote:
AYE: ~tdermen Crows, Fern, Moohey, art, Schisler, Sobol, Stewart and Thomson.
NAYE: Aidemen Chessman, Jaluvka and MecBain, ..
NOTE: AldermanMann.abstained on a conflict af interest, :
No. 10 - L,T, Evans Refrigeration Ltd. - Re: Parkin~ Meter Licence Fees, The
con~unication requests that Council reconsider the new parking meter licehoe
f,ees,
Aldermen Mann reiterated his earlier objection to the proposed increase
in rates, and suggested 'that Council should h~ve a long .hard look at this
matter.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman,
that the communication be referred to staff'in order that a complet~
explanation can be provided to Mr. Evans on the reasons necessitating the
increase inparkinS meter licerice fees.
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REPORTS
No. 2 - City Clerk - Rei AM-29/75, 'Restricted 'Ares 'By-law 76-101, Leo'Martin.
The report advises that the Ontario Municipal ~oard has appointed Monday,
February 7, 1977 at 11:00 a.m. in the City Hall Council Chambers for the
hearin~ of all parties interested in supporting or opposing the application,
ORDERED on the motion of Aldermsn~homson~ seconded by Alderman art, that
the report be received and filed.
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No. 3 - Planning & Development Committee - Re: AM-38/76, L. & T. Vitaterna,
6114 Dorchester Road. The Conmittee reconmnends 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, and further that the application be approved.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobol, that
the reco-m~ndationa of the Planning & Development Committee be adopted.
See Resolution No. 1
See By-law No. 77-4
No. 4 - City Manager - Re: AM-3/75, Home f~r the Mentally Retarded, Kalar Road.
The report recommends passage of a by-law to authorize the purchase and resale
of the subject property.
ORDERED on themmotion of Alderman Crowe, seconded by Alderman Orr, that the
report be received and adopted.
SSee By-law No. 77-5
No. 5 - ~lderman ChesSman - Re: Objectives of Council. The report recommends
that a special session of Council be held within the next month with senior
staff for the purpose of considering specific goals for the 1977-1978 term.
Alderman Cheesman felt that such a meeting would be beneficial in that"
Council could establish certain goals and objectives that could be achieved
during the next two years. Aldermen Crowe and Sobol felt that the meeting
would only be beneficial if specific goals were discussed, rather than
-generalities. Alderman Crowe also pointed out that it was difficult to
make commitments at this time in such a greatly changing societ~y
Following further comment, it was moved by Alderman Cheesman, seconded
by Alderman Jeluvka, that a meeting for the purpose of discuss ing goals and
objectives of Council, be ca lled by His Worship, Mayor Bukator, at the
convenience of Council. The motion Carried with Alderman Crowe voting
contrary, and all others in favour.
No. 6 - City Manager - Re: Siding on Service Centre Shed, A.S. 29-76. The
report recommends that the tender by E.S. Fox {dr siding without windows for
the Service Centre shed, be accepted.
Alderman Mann expressed concern that funds would be'used from the 1977
operating budget to complete the required work, and pointed out tha~ Council
was spendinS money from the new budget prior to any consideration of the
budget end the establishment of a mill rate.
ORDERED on the motion of Alderman [hamson, seconded by Alderman Chessman,
that the report be received and adopted. The motion Carried with Alderman
Mann vatinS contrary, and all others in fayour.
See Resolution No. 2
NOTE: Alderman Schisler declared a conflict of interest
-and abstained from voting on this matter.
No. 7 - City Manager - Re: Proposed 32-Unit Apartment Building, Vine Street AND
Proposed Commercial Development, Great Western Development Co., Northwest Corner
of PortaSs Road and Thorold Stone Road.
Alderman Crowe expressed some concern over the proximity of the' proposed
development to the adjacent condominium units, and inquired if the owners of
the condominium units had been not!find. qf the proposed development. The
Director of Municipal Works advised that the entire area, including the
condominium property~ had been~zoned at,!the same time. Alderman Crows felt
that the owners of the condominium units should have some input in the matter.
In response to further questions raised, h~e City Manager provided additional
information. The PlanninS Director indicated that he was not completely
familiar with the metter~ and that he could i~vestigate further and report
back to Council.
ORDERED on the motion of Alderman Crows, seconded by Alderman Chessman, that
the section of the report dealing with the commercial development at the
northwest corner of Portage and Thorold Stone Roads be tabled for one week~
and that a further report be prepared by the Planning Director on whether
there are any objections to the proposal.
ORDERED on the motion of Alderman Crows, seconded by Aideman Chessman, that
the site plan for the 32 unit apartment building on Vine Street be appeared,
No, 8 - City Manager - Re: Interim Tax Levy 1977, 'The report recommends
passage of by-laws to provide for an interim levy of taxes, and the collection
of interim taxes for the year !977.
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The City Manager suggested that Council may wish to consider this
report in conjunction with another report dealing with separate tax billing.
It was decided by Council that each report would be dealt with individually-
Alderman Fern felt that requesting payment of 507o of last year's tax
bill could place quite a burden on certain people in the City. The City
Manager explained that technically, taxes are due January 1st of each year.
It was furthereexplained that all municipalities within the Region follow
the same practice, as regional and educational levies are due at the end
of March. The City Treasurer also indicated that adequate advance notice
would be given through the media to advise that taxes will be due in March.
ORDERED on'the motion of .Alderman. Schtsler, seconded:!b~Y~Alderman' thee,man,
that the report be received and adopted. See By-laws 77-2 and!
77-3
No. 9 - City Manager - Re: January llth Meeting with Regional Niagara. The
report provides details on a meeting that was to have been scheduled for
January llth, 1977. This meeting was cancelled due to inclement weather.
ORDERED on the motion of Aldermen Orr, seconded by Alderman Sobol, that
the report be ~eceived and filed, and that the City Clerk notify Council
when the meeting is re-scheduled.
No. 10 - City Manager - Re: Fire at N.F.C.V.I., December 6, 1976. The report
attaches information from the Niagara South Board of Education with regard
to the fire which occurred at N.F.C.V.I. on December 6, 1976.
ORDERED on the motion of Alderman Thomson, seconded by Alderman err, that the
report be received and filed, and that Council be kept informed of any
decision reached on the matter of installing direct fire alarm connections
from school8 to the various fire halls.
No. 11 - City Manager -- Re: Montrose Road Trunk Watermain. The report
recurs=ntis that an amount of $4,000 be financed from the Expansion & Renewal
Fund to make a 10" diameter connection to the Regionss 36" diameter teunk
watermain on Montrose Road. The connection will service the Bambi Estates
Subdivision, and the cost will be recovered from the subdivider at a. later
date.
The Director of Municipal Works provided additional information in
response to a question raised by Alderman Schisler.
OREERED on the motion of Alderman Thomson, seconded by Alderman Schisler,
that the report be received and adopted.
No. 12 - City Manager - Re: Impost Policy for Condominium Development. The
report reco.wnends that an impost of $175.00 pee unit be imposed on those
condominium proposals which involve sites located on a block in a plan of
subdivision registered since January l, 1965, and for which no previous
impost monies have been ebllected through By-law 73-26~, as amended from
time to time.
ORDERED on the motion of Aldermen Crowe, seconded by Alderman Thomson,, that
the report be received end adopted.
See By-law No. 77-6
.No. 13 - City Manager - Re: Ontario Good Roads Association Conference and
Annualb~4unicipal Engineers Association Meeting. The report reco~uends the
foilswing: 1) That all members of Council who wish to attend the one-day C
Councillores seminar at the D.G.R.A. Conference, be permitted to do so.
2) That one member of Council be permitted to attend the entire conference
to be held in Toronto from February 21 - 23, 1977. 3) 'That the City's
Streets Superintendent end Construction Superintendent as well as two
Engineers be allouedtto participate in the three-day.conference.
O~DBRED on the motion of Alderman Mann, seconded by Aldermen Th~nson, 'that
~he report'be,received and adopted, and .that Alderman SteWart be authorized
to attend the three-day conference. . ......
N~9.14 - City Manager - Re:. Building Permits.. The report provides a breakdown
' of permits issued by the BaildinS &Development Department for the .month of
~December, 1976.- ! · '
'FORDBRED on the motion of Alderman Thomson, seconded by Alderman Crowe, that
J".~the report be received and filed. ' ' .'
: /No. 15 - City Menseer - Be: Municipal Accounts. The report recc~.~_nds
2' ~:~ "::'payment of the mnicipal accounts.
~f ]~; ~.; z,:~, '~ORDERED on the m~tion of Aldemsan Thomson, 'seconded ~y Aldermen Schisler,
~" ~ ' thee the report be received andadopted.; ' :
-5 -
RESOLUTIONS
No. 1 - MANN - SOBOL - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that the application of L. & T. Vitaterna,
for the rezoning of part of Township Lot 174 on the east side of Dorchester
Road, conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning
Area as amended and approved by the Minister of Rousing; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously
No. 2 - THOb~ON - CHEESMAN - RESOLVED that the tender submitted by E.g. Fox
Limited for the supply and installation of siding for the sand/salt shed at
the Service Centre, be accepted at the tendered price of $10,230.00; AND
the Seal of the Corporation be hereto affixed.
Carried with Alderman
M~nn voting contrary,
and Alderman Schisler
abstaining on a conflict
of interest.
ORDERED on
be granted
time: -
the motion of Alderman Mann, seconded by Alderman err, that leave
to introduce the following by-laws, and the by-laws be read a first
No. 77-2 - A By-law to provide for an interIm levy of taxes.
No. 77-3 - A By-law to provide f~r the collection of interim taxes for the
year 1977.
No. 77-4 -
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. (AM-38/76,
L. & T. Vitaterna)' ~i.,h~ _.. i'
No. 77-5 -
A By-law to authorize the acquis ition of land from Ontario Hydra and
the sale thereof to Greater Niagara ~ssociation for the Mentally
Retarded.
No. 77-6 - A By-law to authorize the execution of an agreement with Berkhout
Holdings Ltd. (Co.ndominium, 8646 Willoughb~ Drive).
-No. 77-7 -
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. (AM-23/76,
Theresa Extension 3 Subdivision)
No. 77-8 - A By-law to amend By-law No. 3790, being a By-law for the regulation · of traffic. (No Parking - Palmet Avenue)
No. 77-9 - A By-law to provide~aies for. general purposes.
Carried Unanimous.ly
ORDERED on the motion of Aldermen theeamen, seconded by Aldermen Sobol, that
the following by-laws be now read a second and third time:
No. 77-2 - A By-law to provide for an interim levy of taxes.
No. 77-3 - A By-law to provide for the collection of interim taxes for the year
1977.
No. 77-4 '
A By-law to amend By-law No. 2530, 1960 of the former Township of
Stamford, now in the City of Niagara Fella, as amended. (AM-38/76,
L. & T. ViCeterns.) ...........
No. 77-5 -
A By-law to authorize the acquisition of land from Ontario Hydra and
the sale thereof to Greater Niagara Association for the Mentally
Retarded.
No. 77-6 -
No. 77'7 '
A By-law to authorize the execution of an agreement with Berkhout
Holdings Ltd. (Condominium, 8646 WilloughbyDrive)
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. (AM-23/76,
Theresa Extension 3 St~division)
v
!i','~!';
i.i i;
No. 77-8 - A By-law to amend By-law No. 3790, being a By-law for the regulation
of traffic. (No Parking Palmar Avenue)
No. 77-,9 - A By-law to provide monies for general purposes.
' Carried Unanimously
HEW BUSIHESS.
WEIGHT RESTRICTIONS, pORTAGE AND DRUMMOND ROAD OVERPASSES
Alderman Crows referred to a recent article in the press which advised
that weight restrictions of eight ton loads had been placed on the portage
and Drummond Road overpasses of the Q.E.W. The Alderman felt that such
weight restrictions could cause a problem with the City fire trucks, sb~eh
of which weigh in the area of fifteen tons. The Director of Municipal Works
advised that he had met with officials of the M.T.C. and he had been
assured that fire department vehicles would be able to cross both bridges
without problems. Further investigations are being made of the bridges to
determine if the weight restrictions can be lowered or lifted.
BUS SHELTERS
Alderman Orr advised that he had received a number of calls requesting
that the City provide additional bus shelters throughout the City. The
Alderman suggested that two locations in particular had been requested,
in front of the hospital, and in front of the Medical Arts Building.
Alderman Thomson advised that the Transit C~mnission had studied this
matter, and had prepared a list of priority areas. Alderman Thomson
further advised that because the shelters are installed on a concrete
base, it would not be possible to provide additional shelters during the
winter months. It was moved by Alderman Thomson, seconded by Alderman Orr,
that the Transit Commission prepare a report on the provision of additional
bus shelters throughout the City. The motion Carried unanimously.
STOP SIGN - MARCARET AND DELL
Alderman Sobol advised that she had received several calls regarding
the intersection of Dell Avenue and Margaret Street. The Alderman felt that
the installation of a stop sign at this intersection would improwe the
situation greatly. The City Manager advised that the matter had come to
his attention recently, and a report would be coming to Council in the near
future reeo~nending the installation of a stop sign at this inte~sec. tion.
TRUCK TRAFFIC - FOURTH AVENUE
Aldermen Thomson referred tathe matter of truck traffic in the Fourth
Avenue area which was recently brought to Councilts attention. The Aldermen
advised that s resident from the area had called again and had stated that
the situationhad not improved. The Aldermen requested that the Cit~ Clerk
contact Fruitbelt Trucking to see if the firm could co-operate with the
residents~ and try to keep truck traffic, particularly on Sundays, to a
minimum.
~-,.,. ,., ,-.,.
It was ,oved by Aldex~an T.h.o~msao~,~s~T:onded by Alderman O~r,. that. the
meeting adjourn, , . -
READ AND ADOPTED,
THIRD MEETING
Committee Room #1
January 17, 1977
Council met in Committee of the Whole on Monday, January 17, 1977, prior
to the regular meeting. All members of Council were present. Alderman Stewart
presided as Chairmen.
Following cons ideration of the items presented, the Committee of the Whole
arose without reporting.
'READ AND ADOPTED,
MAYOR
Council Chambprs
January 17,1977
Council met on Monday, January 17, 1977 at 7:30 p.m. for the purpose of
considering general business. All Members of Council,were present. 'Alderman
Orr offered the Opening Prayer.
DEPUTATION
SLUDGE DISPO6AL.SITE
The City Clerk advised that Mr. J. Healer, representing the Group
Against Sludge pollution was unable to be'present to address CoUncil.
COb~tUNICATIONS
No. 11 - Mrs. Edith A. Powell - Re: Licensing of Cats. The communication
requests that Council take steps to provide for the licensing of cats..
ORDERED on the motion of Alderman Chessmen, seconded by Alderman Moonay, that
the matter be held in abeyance pending the outcome of a similar attempt at
licensing currently proposed by the City of Mississauga, and further that
Mrs. Powell be notified accordingly.
No. 12 - Chamber of 'Commerce - Re: Chamber of Commerce Week~ The communication
requests that the week of January 24 - 30~ 1977, be proclaimed Chamber of
Commerce Week.
ORDERED on the motion of Aldermen Mehn, seconded by Alderman Thomson, that
the request be approved subject to the established policy on proclamations.
No. 13 - Mr. Donald Sutherland, Canadian Cycling Association - Re: Mr. Gordon
Singleton. The communication requests assistance from the City to permit
Mr. Singleton to train for future competitions.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that
the conmunication be referred tO staff for th6 preparation of a report, including
commenton the legality of providing grants of the nature suggested, and further
that the Recr~ation Commission determine if the.request meets their grant
criteria.
No. 14 - Slovak, Sinclair, Crows & Lutes - Re: AM-31/73, Bambi Estates Sub-
division. The communication requests permission to submit an application
to the Ontario Municipsl Board for a hearing.
In response to a question raised by Alderman Thomson, the City Solicitor
explained that the solicitors for the developer would be applying to the
Ontario Municipal Board for an order'that the objection filed by the objector,
Mr. Rakovic, is insufficient to require s public hearing by the Board, and
that the public hearing be dispensed~,~ibh, An official from the Board had
ifidicated that the consent of the City should be, given, as the City is
applying for approval o~ the zoning amendment, Mr, Rskovic would have the
-2-
opportunity to appear before the Board in Toronto to explain the reason
for his objection, and the Board would then determine if the objection was
sufficient cause to hold a public hearing.
His Worship, Mayor Bukator assured Mr. Rakovic that he would have
the opportunity to voice his objection before the Ontario Municipal Board.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that
the request be approved, and the appropriate resolution passed.
NOTE: Alderman Crowe declared a conflict of See Resolution No.
interest and abstained from voting on this matter.
REPORTS
No. 16 - City Manager - Re: Bill 149, An Act to Amend The Municipal Act.
The report provides information on Bill 149, which provides municipalities !]
with authority to issue separate tax bills, one for taxes payable for all ,
purposes except school purposes, and the other for taxes for school purposes.
It is recommended that for 1977, the City issue one tax bill and observe
the experience of any other municipalities in Ontario who may issue two bills."
Alderman Chessman suggested that when advertising in the press that
taxes will be due, that the advertisement be more graphic so that the public
will not overlook the notice.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Schtsler,
that the report be received and adopted.
No. 17 - City Manager - Re: Subdivision of Regional Lands on Morrison Street
Extension. The report reconnnends that the City not object to the Region's
processing of this land use providing the proposal meets the requirements of
other authorities having Jurisdiction on this type of development.
ORDERED on the motion of Alderman Crows, seconded by Alderman Chessmen,
that the report be received and adopted.
No. 18 - City Manager - Agreement between Cyanamid of Canada Ltd., Garbo Hold~
and the City of Niagara Falls. The report recommends passage of a by-law
au~horizing the execution of an agreement between the subject parties which
will ensure that the existing catchbasin system located on the=subject
property will be maintained by-the owners of the lands.
The Director of Municipal Works provided additional information in
response to.a question raised by Alderman Crows.
!,ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that
the report be received and adopted.
No. 19 - City Manager - Re: Lots 357 and 358, R.P. No. 44 for the Township
of Stamford. The report recommends passage of a by-law authorizing the
execution of a new deed to Mr, &Mrs. F. Folga. ..
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that!,
the report be received and adopted. ,;
See By-law No. 773
NOTE: Alderman Crowe declared a conflict of interest
sad abstained from voting on this matter.
No. 20 - City Manager - Re: Municipal Accounts. The report reconmends payment,'
of the municipal accounts.
The City Manager provided informsCion on Cheques ~8782, 8787, 8808, and:
8836 in response to questions raised hyAldermsn Schisler. In response to a
question raised by Alderman Mann reaarding Cheque ~[8745, the City Manager
advised that the cheque was in payment of meal allowances to employees a't
the Niagara Falls Arena. The Alderman questioned the payment of meal
allowances to employees of the Arena, and the City ManeSet tSdtcated that
he would investigate the, msttet,shd~prov~de. thwAlderman with an
explanation. ~
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewsrt~ that!
,the report.be received,and adopted`
I~8OL~TXON ,
No. 3 - M&NN- TROMON - RESOLVED that the Council of the Corporation of
the City of Niagara Falls.does authorize an app!ication robe made to the
-3 -
Ontario Municipal Board upon Notice of Motion to Mr. Mike Rakovic for an
order that the objection filed by the said Mike Rakovic to the City's
application for approval of By-law No. 76-245 (Board's File No. R.763413)
is insufficient to require a public hearing by the Board and that a public
hearing be dispensed with;
AND FURTHER that the counsel for the owner of the lands affected by said
By-law No. 76-245, namely B.E.N. Developments Limited, is hereby authorized
to appear on behalf of The Corporation of the City of Niagara Falls in
addition to appearing on behalf of the said owner at the hearing of the
said application for an order dispensing with a public hearing provided
that all costs of such application and motion are assumed and paid by
the owner; AND the Seal of the Corporation be hereto affixed.
BY-LAWS
Carried with Aldermen
Crowe abstaining on a
conflict of interest,
and all others voting
in favour.
ORDEI~ED on the motion of Alderman Orr, seconded by Alderman Sobol, that
the following by-laws be now read a third and final time:
No. 76-255 - A By-law to authorize the reconstruction of Brant Avenue f~om
Churchill Street to Cadham Street.
No. 76-256 - A By-law to authorize the reconstruction of Churchill Street
from Dell Avenue to Brant Avenue.
No. 76-257 - A By-law to authorize the reconstruction of Cadham Street from
Pope Avenue to Brant Avenue.
No.
76-264 - A By-law to authorize the construction of Kister Road from
Murie Street to the north limit of R.P. 243.
Carried UnanimousIF
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
No. 77-10 - A By-law to authorize a subdives ion agreement with Canadia. Niagara
Palls Limited, Birchwood Builders (St, Catharines) Limited'and Kordon
Properties (St. Catharines) Limited.
No. 77-11 - A By-law to authorize the execution of a deed to Frank Folga and
Ros~e Folga for Lots 357 and 358, Registered Plan No. 44 for the
former Township of Stamford.
No. 77-12 - A By-law to authorize the execution of an agreement between Cyanamid
of Cards Limited, Garbo Holdings Ltd. and the Corporation of the
City of Niagara Falls.
~o. 7Z-13 - A By-law to authorize the execution of a lease with Thomas Barknees Jr.
No. 77-14 - A By-law to provide monies for general purposes.
Carried with Alderman
Crowe abstaining on a
conflict of interest
on By-law No. 77-11,
and all others voting
in favour,
ORDERED on the motion of Alderman Schisler, seconded by Aldermen theeamen, that
the following by-laws be now read a second and third time:
No. 77-10 - A By-law to authorize a subdivision agreement with Cansdin Niagara
Falls Limited, Birchwood Builders (St. Catharine8) Limited and Kordon
Properties (St. Catharines) Limited.
No. 77-11.,- A By-law to authorize the execution of a deed to Frank Folga and Rosie
Folga for Lots 357 end 358, Registered Plan No. 44 for the former
Township of Stamford.
No. 77-12 - A By-law to authorize the execution of an agreement between Cyanamic
of Canada Limited, Garbo Holdings Ltd. .mn~ the Corporation of the Ci~
of Niagara Fells.
~No. 77-13 - A By-law to authorize the execution of a lease with Thomas Harkness~
No. 77-14. ~ A By-low to provide monies for general purposes.
Carried with Alderm~
Crows abstaining om
conflict of interest
on By-low No. 77-11,
and all others voti
in favour.
I~W BUSINESS
SCHEDULING OF COUNCIL MEETINGS
Alderman Thomson suggested that consideration be given to scheduling
Council meetings, particularly those with short agendas, in the lets efternoon.
The Alderman felt it mayebe more convenient to some people to attend a meeting
in the afternoon than in the evening.
C01~4ENTS OF HISWORSHIP, MAYOR BUKATOR
His Worship, Mayor Bukator advised that he was frequently invited to
attend various functions throughout the City, however due to the scheduling
of meetings and previous connitments, he was not alweys eble to attend these
functions. Mayor Bukator requested that whenmembers ~of Council are asked to
attend these functions on his behalf, that every effort be made to keep
the appointment.
It was moved by Aldermen Thomson
the meeting adjourn.
seconded by Alderman Schisler, that
READ AND ADOPTED,
MAYOR
FOURTH MEETING
REGULAR MEETING
January 24, 1977
Council Chambers
Council met on Monday, January 24, 1977 at 7:30 p.m. for the purpose of
considering general business. All Members of Council were present. Alderman
Mann offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern,
that the minutes of the meetings held on January 17th, 1977, be adopted as
printed.
DEPUTATION
SLUDGE DISPOSAL SITE
Mr. James Has ler, representing G.A.S.P. (Group Against Sludge Pollution),
was granted permission to address Council on the motion of Alderman Chessman,
seconded by Alderman 0rr. Mr. Hasler provided members of Council with a
brief history of the Region's proposal to locate a sludge disposal site in ,.
the former Township of Crowland. Mr. Haslet stated that the Region was
attempting to blacknmil the City into withdrawing its objection to the
sludge disposal site, by m eking expansion of the existing pollhtion control
plant conditional upon approval of the sludge disposal s its. Mr. Haslet
felt that there were other alternatives available to the Region, such as:
usage of lands to the south of the existing pollution control plant, or
Hydro lands in the area; usage of an empty pond at the raceway lagoon;
incorporation of the sludge directly into the ground thereby eliminating
the necessity for drying operations (equipment is now available for this
procedure)'; storage tanks can be built for this purpose at the price of
3¢ per gallon, which would cost less than the purchase price of site ~18.
Mr. Healer also pointed out that the Region only intended to build 3'
berms around the site, and that flooding would occur periodically. It
was further pointed out that the wind carrying water droplets from the
site would be teaming with viruses. In conclusion, Mr. Haslet asked for
Council's continued support in opposing.site ~18 as the location for the
Region's proposal.
His Worship, Mayor Bukator pointed out that the matter now rested with
the Ontario Municipal Board, and that a hearing would be held. In respohse
to a question raised by Alderman MacBaie, the Mayor advised that the GirThs
O~e~ition had been only to the site, and not the operation itself.
During the discussion on this ~'tter, several members of Council
~.commented on the status of the matter, and the Director of Municipal
Works provided additional information. The Director of MunicipaB.iWorks
referred to an upcoming meeting between the Regional public Works and
Utilities Committee and City Council, and suggested that this matter could
be further discussed at that time. In order to femiliarize f:ha new members
of Council with this:matter, itwas advised that the.background,information
could..be made available prior to the meeting.
Following further discussion, it was moved by Alderman Thomson,
seconded by Alderman MacBsin, that further discussion on the matter be
deferred until the meeting with the Region on February 10, 1977, and
., further that all background information be made available to members of
The motion Carried. unanimously. :
' Council prior to that date. ~i'.'
:one to authorize an epplicatton for the closing of Duncan Avenue, end the
· . other to authorize the execution of sn aSreement with M~. M. 8mtlJanich and
that the report be received end adopted.
i See By-laws 77-15
PROPOSED SITE PLAN, NORTI~EST CORNER .OF THOROLD STONE ROAD AND PORTAGE
ROAD, GKEAT WESTERN DEVELOPNENT CO.
Report No. 22 - City Manager - The report provides information on the project,
and advises that all unit purchasers in the condominium building were made
aware of the proposed adjoining commercial use.
Report No. 7 - City Manager - The report reconnends approval of the site plan
as submitted.
Alderman Crone stated that the report provided information on questions
raised at the previous meeting regarding notifieation to contiguous owners,
and the setback distance from the condominium building. The Alderman was
still of the opinion that in such circumstances, adjacent property owners
should be made aware of such proposals.
ORDERED on the motion of Alderrash Crows, seconded by Alderman Schtsler,
that Report No. 22 be received and filed, and that Report No. 7 be received
and adopted.
COMMUNICATIONS
No. 15 - Welland Country Roman Catholic Separate School Board - Re: Message
of Thanks. The communication thanks the Streets Department for assistance
provided during the recent sno~ storm.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobol, that
the appreciation outlined in the communication be conveyed to the appropriate
persons.
No. 16 - Niagara South Board of Education - Re: Message of Thanks. The
communication expresses appreciation for assistance provided by the Streets
Department in plowing a parking lot to be used for a school function.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobol, that
the appreciation outlined in the coununication be conveyed to the appropriate
persons .
No. 17 - Volunteer Bureau (Niagara) - Re: Volunteer Appreciation Week. The
connunication requests that the week of April 10 - 16, 1977, be proclaimed as ~
Volunteer Appreciation Week. ~
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman,
that the request be approved subject to the established policy on proclamation~
No. 18 - Mr. H.C. Morton - Re: Cross-walk at Portage Road and St. John Street.,
The communication requests that a cross-walk be provided at the crossing of
Portage Road and St. John Street.
Regional Councillor Mitchelson advised that the Region has included the.
installation of a traffic signal in this general area in their projects budget
for 1977.
ORDERED on the motion of Alderman Jaluvka, seconded by Alderman Thomson, that
the request be referred to the Region for further action.
No. 19 - Niagara Falls Business & Industrial Growth Agency Inc. - Re:
Distribution Centre Option Papers. The communication advises that the
Chamber of Commerce will be requested to transfer the agreements between the
Chamber of Commerce and Klydel Holdings regarding the Distribution Centre
property to the Niagara Falls Business & Industrial Growth Agency Inc.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Thomson,
that the Niagara Falls Business & Industrial Growth Agency Inc. be advised
that City Council is in agreement with the suggested transfer.
REPORTS
No. 23 - !ecreation Commission - Re: City of Niagara Falls Recreation
Policy. The Commission recommends adoption of the report and recommendations
contained within as the Recreation Policy for the City of Niagara Falls.
;ORDERED on the motion of Alde~x~n Thomson, seconded by Alderman Chessman,
that the recon~endation of the Recreation C~lssion be adopted, and that
the policy be used as a workin8 doc,,~nt by the City of Niagara Falls.
No. 24 - planning & Developsent C~Attee - Re: City of Niagara Falls Recreati¢
Policy, Oeficial Plan Amgn~ment Noj 86. The Cennittee~recommends that Council
adopt the Official Plan Amendsent No. 86 by by-law.
ORI~I~D eft the motion of Aldex~sn Chesssen, seconded by Aldercan Thomson, that
the reco~nendetion 9f the ,Planning & Development C~ittee 'be adopted.
· ' ' See By-law No. 77,1
- 3-
NO. 25 - Planning & Development Committee - Re: AM-39/76, Canadian Imperial
Bank of Commerce, Northeast Corner of Dorchester and Lundy's Lane. The
Committee recommends 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, and further that
the application be approved.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that
the recommendations of the Planning & Development Committee be adopted.
NOTE: Alderman Jaluvka declared a conflict of See Resolution No. 4
interest and abstained from voting on this See By-law No. 77-18
matter.
No. 26 - City Manager - Re: Building Inspectors Training Course. The report
recommends that two members of the Building & Development Department be
permitted to attend a course at Queen's University in Kingston from March 6 -
11, 1977.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fern, that the
report be received and adopted.
No. 27 - City Manager - Re: Rental Rate - Off-street Parking. The report
recommends adoption of a revised off-street parking space rental policy whicff
will provide for the rental of parking spaces at $75 per year.
Several members of Council expressed the opinion that the suggested
increase could prove to be restrictive to people using the downtown area,
and that numerous objections would be made to Council on the increase.
Alderman Thomson advised that the increase had been requested by the
downtown merchants so that additional funds would be made available in
the parking fund for improvements to parking facilities throughout the
City. The Alderman further advised that rental of parking spaces was on
a voluntary basis, and was used as a convenience to ensure that parking
spaces will be reserved for private use. Alderman Schisler also advised
that these spaces were not used by shoppers, but the merchants and their
employees.
Following further comment, it was moved by Alderman Thomson, seconded
by Alderman Schisler, that the repor~ be received and adopted.
It was then moved by Alderman Mooney, seconded by Alderman Crowe, that
the motion be amended to provide for a $50 per annum rental fee for parking
meter spaces. The amending motion was Defeated wi~h the following vote:
AYE: Aldermen Crowe, Mann, Moohey, Orr and Sobol.
NAYE: Aldermen Cheesman, Fern, Jaluvka, MacBain, Schis let, Stewart and
Thomson.
The motion to adopt the repett was Carried with the following vote:
AYE: Aldermen Chessman, Fern, Jaluvka, MacBain, Schis let, Stewart and
ThOmSOn,
NAYE: Aldermen Crows, Mann, Moonay, Orr and Sobol.
No. 28 - City Manager - Re: Bus Stops on Queen Street and Main Street. The
report recommends approval of a request from the Trans it Commission to extend
certain bus stops on Queen Street and Main Street.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that
the-report be received and adopted.
No. 29 - City ManaSer- Re: L~ca~ Initiatives Program.' The report recommends
passage of a by-law authorizing an a~reement with the Federal Government for
the City's participation in the 1977 Local Initiatives Program.
During consideration of this item, concern was expressed by several
members of Council, that the additional funds required to participate in the
program would be taken out of the 1977 budget. Reference was made to the
Federal Government increasing the~amount of their grant, thereby necessitating
an increase in the City's share of the cost. The City Manager explained that
the cost of carrying out projectsunder!the program is less than the cost of
the work being performed by permanent City employees. The City Manager
suggested that the report could be tabled for further information on the
type of work being csrried out, or the !Oity could~spend.up.to its share of
the origimal Federal grant of $30,000, and then lay the temporary employees
off~
Following further discussion, it was moved by Alderman Mooney, seconded
by Alderman Crows, that the report be tabled for one week, and that a further
re~ort be prepared on the matter. The motion Carried unanimously.
-4-
No. 30 - City Manager - Re: Proposed Sale of Lot 39, Plan 160, Stamford
Industrial Park. The report advises of a request received from the legal
firm of Slovak, Sinclair, Crows and Lucas for a complete release of certain
covenants as they relate to Lot 39, Plan 160 of the Stamford Industrial
Park.
Mr. B. Sinclair, solicitor for Great Falls Lumber Co. Ltd. (owner of
Lot 39), was granted permission to address Council on the motion of Alderman
Thomson, seconded by Alderman Chessman. Alderman Crows declared a conflict
of interest and abstained from voting. Mr. Sinclair advised that Great
Falls Lumber had purchased three lots (37, 38 and 39) in the Stamford
Industrial Park, and hav~:~built on Lots 37 and 38. The i~tention had been
to build on Lot 39 and lease the property provided a suitable tenant could
be found. An effort was made Cobbuild on the lot, as evidenced by the
installation of sewer laterals to service the lot. The firm of Ashflash
which owns Lot 40 have indicated a desire to purchase Lot 39 to provide
room for their future expansion, however they are requesting a 'release from
the covenant in the deed which sets out a time limit for the construction
of a building, and conditions regarding the sale of the lot. Mr. A. Henderso!,
solicitor for Ashflash Ltd., explained thatthis clients had expanded their
present operation twice since 1972, and are desirous of purchasing Lot 39
to provide room for future development. Mr. Henderson advised that his
clients required the lands for future expansion, however the time limit
would prove to be prohibitive.
Alderman Thomson pointed out that many of the covenants on lots in the
Stamford Industrial Park had not been enforced in the past, and he felt that
removal of the covenants for this firm would not be setting s precedent.
Alderman MacBain was critical of the fact that no serious efforts had been ·
made to enforce these covenants, and pointed out the reason for establishing
such restrictions originally had been to avoid speculation. The l~nds had
been developed and serviced through public funds, and the Alderman felt that
such action could endanger other industrial subdivisions. The City Clerk
suggested that a condition be made that Ashflash could not re-sell the
lands without the approval of the Municipality. Mr. Henderson suggested
that the covenants be removed and a further agreement be worked out that
would ~rotect the municipality,
Mr. W. McMullen, owner of Ashflash Ltd., advised that his property was
land-locked, and if he was not able to purchase Lot 39, he would have no room~
for future expansion. The only alternative to purchasing additional land,
is to relocate in another area. Due to fluctuating conditions in this
type of industry, Mr.~'McMullen advised that any decision to expand would
have to be based on his companyss ability to grow, and not on a time limit
imposed on the sale of the lot.
Following further disoussion, it was moved by Alderman Thomson, seconded'
by Alderman Fern, that the matter be referred to the City Solicitor for furth~
study and that the matter be reported back to Counsil. The motion Carried
unanimously. , -
NOTE: Aldermen Crows declared a conflict of interest and
abstained from voting on this matter.
~o. 31 - City Manager - Re: Proposed Plan of Subdivision, Portage Heights.
The report recommends preliminary approval of the ~roposed plan subject to
four conditionsl
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern; that
· the report be received and adopted.
No. 32 - City Manager - Re: 1976 Assessment Roll for 1977 Taxation. The
report recommends Chat Council support a request to the Ministry of Revenue
that the previous method of listing the properties in the assessment roll
}e maintained on the next revision of the assessment roll.
'~ORDBRED on the motion of Alderman Thomson, seconded by Alderman Orr, that
/~,the report be received and adoptQd.
No. 33 - City Manager - Re: Resolutions from other Municipalities.
l) Nie2era Peninsuls Fruit end Veaetable Growerss Association - Requesting
!-;,athat tariff rates be changed to protect the domestic producer.
Recommendation - It is suggested that the Growers s Association be asked
to supply supportins information, in order to enable Council to c'onsider
the endorsstion of their request, ' ' '
ORDERED on the motion of Aldermen Mann, seconded by Alderman Sobol, that
the recommeodatton be adopted, , , ~ '
5
"
-5 -
2) City of Windsor) Requesting a revision to the Municipal and School Taxes
3) City of Thorold) ' Credit Assistance Act.
Recormnendation - That the resolutions of the Cities of Windsor and Thorold
suggesting an increase in the limit of credit to $300.00 be endorsed.
ORDERED on the motion of Aldermen Mann, seconded by Alderman Jaluvka, that
the recommendation be adopted.
4) Town of Wallaceburg - Suggesting that Federal and Provincial Governments
be requested to review and amend legislation to provide that the Anti-
inflation Programme will cover all user charges presently exempted from
the Act of Crown Corporations, such as Hydro.
Recommendation - That the resolution be endorsed.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the recommendation be adopted. The motion Carried with Alderman Chessman
voting contrary, and Alderman Mann abstaining on a conflict of interest.
5) Regional Municipality of Waterloo - Requesting an amendment to the Ontario
Water Resources Act to require the installation of water conserving devices.
Recommendation - That the resolution be endorsed.
ORDERED on the motion of Alderman Thomson, seconded by Aldermen Jaluvka, that
the recommendation be adopted.
6) City of Windsor - Regarding financial contributions to Municipal Elections.
No recommendation is provided as the matter is primarily of concern to
elected representatives. '-
During the discussion on this resolution, several members commented on
the expediency of enacting such legislation, and it was suggested that a
limit should also be set by the Province on the amounts that can be spent
on an election campaign, possibly based on the population of an area.
Following further discussion, it was moved by Alderman Mann, seconded by
Aldermen Sobol, that the resolution be endorsed, and also that the Province
be requested to establish e maximum amount on campaign contributions. The
motion Carried with the following vote:
A.Y~.: . Aldermen Chessman, Fare, Jaluvka, MacBain, Mann, Moonay, Orr, Sobol,
Stewart and Thomson.
NAYE: Aldermen Crows and Schtsler.
7) City of Windsor - Requesting Central Mortgage and Housing to reconsider
-their. present policy of not approving ioan applications for design~
:engineering end pre-selected-equipmentiprior to actual construction.
Recommendation - That the resolution be endorsed.
ORDERED on the motion of Aldermen Mann, seconded by Aldermen Crows, that the
recommendation be adopted.
8) Town of Oakvilla - Requesting amendments to the Liquor Control Act to
prohibit posession of opened bottles in cases of alcoholic beverages.
Recommendation - That the resolution be referred to the Police Conmission
for their consideration.
ORDERED on the motion of Alderman Moonay, seconded by Aldermen Thomson, that
the recommendation1~be 'adopted. -/
· 9). City of Woodstock - Requesting an amendment to the Fire Department Act to
provide that all officers of the Fire Department be excluded from the
firefighters bargaining unit.
Recommendation: That the resolution be supported to the extent that
platoon Chiefs and those above that position be excluded from the bargaining
unit without any additional bargaining unit being formed.
ORDERED on the motion of Alderman Crows, seconded by Alderman Stewart, that
the recommendation be adopted.
No. 34 - City Manager - Meeting with Region to Discuss Cash Flow Program and
Sewage and Water Construction Priorities. The report advises that this meeting
has been rescheduled to February lOth, 1977 at 4:30 p.m. at Regional headquarters.
ORDERED on the motion of Alderman Crows, seconded by Alderman Thomson, that
the report be received and filed, and as many members of Council as possible
attend the meeting.
NOTEix Aldermen Cheesman and Mann were absent when the vote was taken on
this matter,
No. 35 - City Manager - Re: Municipal Accounts, The report recommends payment
of the municipal accounts.
The City Manager provided information regarding Cheque ~8884, in response
to a question raised by Aldermen Jaluvka.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson, that
the report be received and adopted.
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RESOLUTIONS
No. 4 - MANN- THOMSON - RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby certifies that the application of the
Canadian Imperial Bank of Commerce for the rezoning of property situated
at the northwest corner of Dorchester Road and Lundy's Lane, conforms to
Official Plan Amendment No. 28 of the Niagara Falls planning Area, as amended
and spproved by the Minister of Rousing; AND the Seal of the Corporation be
hereto aff/xed.
BY-LAWS
ORDERED on the motion of Alderman Thanman, seconded by Alderman Stewart, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
Carried with Alderm
Jaluvka abstaining i-
n conflict of inter,
and all others voti~
in layout.
No. 77-15 - A By-law to authorize an application for the closing of Duncan Aven~
on Registered Plan No. 67 for the former Township of Stamford.
No. 77-16 - A By-law to authorize an agreement with Mane SmilJsnich respecting4
the sale of Duncan Avenue and adjoining land.
No.'.77-17 - A By-law to provide for the adoption of an amendment to the Officie,
Plan of the Niagara Falls Planning Area. (Recreation Policy)
No. 77-18
- 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. (AM-39/76,
Canadian Imperial Bank of Commerce)
No. 77-19 - TABLED
No. 77-20 - A By-law to authorize the execution of an agreement with E.S. Fox
~ ' Limited for the .supply and installation of aluminum siding.
No. 77-21 - A By-law to provide for appointments to certain boards, commissio~
and comnittees. ! .
~o..77-22 - A By-law to provide monies for general purposes.
Carried with Alderi
Jaluvkn abstaining
Aldermen Schisler '.
abstaining on a co~
of interest on By-~
77-20, sad ell oth~
voting
ORDEREB on the motion of Alderman Fern, seconded by Alderman Thomson, that thel
following by-laws be now read a second and third time:
No. 77-15 ~"~9-1~w to aue~i~e an applicatiow for the/closing of Duncan Avei
' " ' on Registered Plan No. 67 for the former Township of Stamford.
No.. 77-16 - A By-law to authorize an agreement with Mane SmilJanich respecting]
the sale of Duncan Avenue and adjoining ~and.
~o. 7,7-17 - A By-law to provide for the adoption of an amendment to the Offici
Plan of the Niagara Fells Plannin~ Area..(Recreetion Policy)
No. 77-18 - A By-law to ~mend By-law No. 2530, 1960 o~ the former Township of
Stamford, now in the City of Niagara Falls, as ~mended. (AM-39/76,
Canadian Imperial Bank Of Commrce)
No. 77-19 - TABI,~D
No. 77-20
/
- A By-law to authorize the exeoution of an agreemat with E.g. Fox
L.i~ited for the s~,p1~ a~dI !nstallztion Of alumintlm siding.
No,
77-21 - A By-law to provide for appointments to certain boards, camlesions
and con~ittees.
77-22 - A'.By-law to provide monies for general purposes.
Carried with Alderman
Jaluvka abstaining on
a conflict of interest
on By-law 77-18,
Aldermen Schisler ab-
staining on a conflict
of interest on By-law
77-20, and all others
voting in favour.
NEW BUSINESS
LIGHTING - THOROLD STONE ROAD
Aldermen Thomson advised that he had received a letter from a resident
of the northwest section of the City regarding lighting on Thorold Stone Road.
The writer had complained that the existing lighting along this roadway was ~
inadequate, andlrequested that consideration be given to the installation of
yapour type lights or fluorescent lighting along Thorold Stone Road between
Garner Road and Town Line Road. It was moved by Aldermen Thomson, seconded
by Aldermen Cheesmen, that the request be referred to the ~iagara Falls Hydra
for a report on the cost of installing the requested lighting. The motion
C~rried unanimously.
PROPOSED COURT HOUSE
Aldermen Thomson pointed out the need for new court house facilities
within the City, and felt that a committee should be established by the Mayor
to investigate the possibility of obtaining such a facility. It was moved
by Aldermen Thomson, seconded by Aldermen 3aluvka, that His Worship, Mayor
Bukator establish a committee to work on the matter and consider the appropriate
avenues to follow. The motion CarF~ed with Aldermen Cro~ voting contrary.
His Worship, Mayor Bukator appointed Aldermen Crow~, JalhQka and MacBain to
serve on the special committee.
SCHOOL ROUTE - KALAR ROAD
Aldermen Chessman advised that due to the heavy accumulstion of snow,
school children travelling from the Ascot Woods subdivision on Kalar Road
to Westlane School are having difficulties because of the lack of sidewalks
and must travel along the side of the road. Consideration was being given
to carrying out additional snow~lowing to widen the walkway in the area,
however the Alderman felt that the Niagara South Board of Education could
consider a temporary bus service to the students in the area, It was moved
by Alderman Chessman, seconded by Alderman Thomson, that the Niagara South
Board of Education be requested to provide some type of short-term
transportation until the end of this school term, or until the snow can
be removed. The motion Carried unanimously.
It was move~ by Aldermen Thomson, seconded by Alderman Mann, that
the meeting reconvene inC~ittee Rooms'2 and3 tO doneider the Capital
Budget.
1977 CAPITAL BUDGET
Council reconvened in Committee Room 2 and 3 following the regular
meeting to consider the Capital Budget,
Report No. 36 - City Manager - The report provides information on the 1977
Capital Budget and five year forecast of capital expenditures. Attached to
the report is the proposed 1977 Capital Budget.'
During the discussion on the Capital Budget, Aldermen MacBain expressed
concern that the Cityis taxable assessment would increase less than 15% by
1981~ however the Cityis debt would increase by 100% over the sam period.
The Budget Director explained that as long as the taxable assessment increased
the need for capital expenditures would continue. The City Manager also
pointed out that a great number of capital projects had been carried out
prior to financial restraints being imposed. The library building, new City
Hall, several arenas and swimming pools were built in recent years, all of
which were necessary facilities. The City ia now casing off in such am]or
expenditures, and it was not anticipated ~hat a major outlay as experienced
in the last three or four years would be necessary.for some time.
In response to a question raised by Alderman Crowe, the City Manager
explained that the City would be in a position of paying back more than
what is owed {~n approximately ten to fifteen years.
The Director of Municipal Works and City Manager provided supporting
information on many of the items contained in the Capital Budget. The
City Manager explained that in the N.I.P. areas, the City was carrying
out necessary works at a reduced .cost because of government subsidies.
Reference was also made to the City's program of installing storm Sewers
to separate storm water from existing combined sewers. The Director of
Municipal Works explained that the Region charges the City a rate of
39%¢ per thousand gallons of sewage treated at the Pollution Control Plant.
This rate includes storm water ,from aombined sewers as well. The separation
of the sewer system in Niagara Falls is therefore considered to be a
priority item.
Following considerable discussion, it was moved by Alderman Crowe,
seconded by Alderman Stewart, that the 1977 Capita~ Budget be adopted as
submitted~ The motion Carried unsntmously.
It was moved by Alderman Thomson, seconded by Alderman Fern, that the
MAYOR
Co~waittee Room ~[1
January 24, 1977
Council met in Committee of the Whole on. Monday, January 24, 1977,
following a reSular meetir~. All Members of Council were present. Alderman
Thomson presided as Chairman.
Following consideration of the items presented, the Committee. of the.
Whole arose without reportir~.
READ
MAYOR
-- , Council Chambers
' , Council ~econvened in open session following a meeting of the Coenittee
~ , :~' ~f the Whole. tits Worship, M~yor A~ prea.idedas! c~imn.._All meters
FIFTH MEETING
REGULAR MEETING
February 7, 1977
Council Chambers
Council met.on Monday, February 7, 1977 at 4:30 p.m. for the purpose of
considering general business. All Members of Council were present. His
vWorship, Mayor Bukator presided as Chairmen. Alderman Moonay offered the
Openin~ Prayer. ' -
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the
minutes of the meeting of January 24th, 197~, be adopted as printed.
UNFINISHED BUSINESS
LOCAL INITIATIVES PROGRAM
Report No. 37 - City Manager - The report provides additional information on
the City~s participation in the Local Initiatives Program, relating to costs.
Report No. Z9 - City Manager - The report which was tabled at the January 24th
meeting, recommends passage of a by-law authorizing an agreement with the
Federal Government respecting the City's participation in the Local Initiatives
Program.
ORDERED on the motion of Alderman Thomson, seconded by AlderS. an Moonay, that
Report No. 37 be received and filed, and Report No.. 29 be received and adopted.
See By-law No. 77-19
DEVELOPMENT AGREEMENTS
Report No. 38 - City Manager - The report recommends passage of a by-law that
will authorize the execution of development agreements after Council has approved
the plans submitted for a proposed development.
In response to a question raised by Alderman Macgain, the' City Manager
explained that Council would still have control over developments through
development plans that would require Council approval.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that
report be received and adopted.
See By?law No.,.76-91
NOTE: Alderman Crows arrived at the meeting.
CO~UNICATIONS
No. 20 - Miss J. ticwatson - Re: Noise Complaint. The communication advises of
problems being experienced as a result of noise emanating from the Kimberly
Clark factory on Victoria Avenue.
Miss Howarson was granted permission to address Council on the motion
of Alderman Cheesman, seconded by Alderman Sobol. Miss Howarson advised that
the noise is a recurring problem, not only during the day but also at night.
While Miss Howarson did not expect the firm to stop the noise during the day.
· she felt that steps should be taken to reduce the noise during the night.
Miss Howarson asked if the City had an officer to deal with the new model
municipal noise control by-law. His Worship, Mayor Bukator explained that
the City had not passed the model by-law and chat the by-law was still under
revieW. An anti-noise by-law is in existence in the City at the present time.
During further discussion on this matter, several members of Council
con~nented on the model by~law, and it was .sugSested that since the ownership
of the firm had recently changed hands, contect should be made with the new
owners regarding the problem. It was moved by Alderman Chessman, seconded
by Alderman Thomson, that City stafi contect the owners of the firm in an
effort-to resolve the problem. The motion caFF,ied unanimously.
'No. 21 - Canadian geart Fund - Re: "Heart Month". The communication requests
thst the month o~February be proclaimed "geart Month".
ORDERED on the motion of Alderman Chessman, seconde4 by Alderman Orr, that
the request be approved subject to the established policy on proclamations,
No. 22 - Gray Coach Lines Limited - Re: Decision of Ontario HiShwsy Trenspor=
Board. "The communication provides infgrmstion on a petition ~sde by Gray
.{
i,i
-2-
Coach to the Ontario Highway Transport Board concerning a recent decision
of the Board to allow certain other bus lines to operate over three of the
most profitable Gray Coach routes.
ORDERED on the motion of Alderman Sobol, seconded by Aldermen Thomson, that
the Ontario Highway Transport Board be informed that City Council supports
the stand taken by Gray Coach Lines Ltd. on this matter.
No. 23 - Ministry of Housing - Re: Amendment No. 82 to Niagara Falls Official
a is
Plan, proposed Subdivision by T.G. Bright & Co. Ltd. The communication dv
of several major concerns of the Ministry regarding the proposed subdivision,
namely proximity of the site to the Q.B.W., the C.N. rail line and the Bright
factory. The Ministry also advises that the site is much better suited to
industrial uses rather than residential, and reference is also made to the
limit imposed on development in the City due to the sewage treatment capacity~
the pollution control plant.
His Worship, Mayor Buk~tor advised that the subdivision would be located
approximately 250 ft. from the winery, and pointed out that the homes would be
no closer to the Q.E.W. than other homes in the area. The Mayor also pointed
out that a bermwould be built between the subdivision and the rat1 line to aq
as a buffer. Aldermen Chessmen and Crows both referred to the need for low
cost housing in the City. Alderman Crows also pointed out the cost to the
developer in delays, and the fact that residential lands are worth three or
four times as much as industrial. Both Aldermen Thomson and Mann were conceru~
about possible complaints from residents in the proposed subdivision to the
Bright*s operation. Aldermen Schisler stated that traffic on Dorchester Road
is already congested, and that the subdivision would only add.to the problem.
Alderman MacBain suggested that the matter should be referred back to the
Planning & Development Committee for further comment.
Following further discussion, it was moved by Alderman Crows, seconded
by Alderman Chessman, that the matter be referred to staff for comment on the
points raised by the Ministry of Housing. The motion CaFried with Alderman
M~cBain voting contrary, and all others in fayour.
No. 24 - Regional Municipality of Nisp~ra - Re: Regional Advisory Housing
Committee. The communication reqqests the appointment of a member of Council
to the Regional Advisory Housing Committee.
Aldermen Crows advised that hea+w~shed to serve a further term on the
Committee, however due to short notice of meetings, he had been unable to
attend a]humber of meetings scheduled in the past. The~A!derman requested
that he receive sufficient advance notice to attend meetings, so that he
could arrange his schedule accordingly.
ORDERED on the motion of Alderwan Chessmen, seconded by Alderman Fern. that
Alderman Crows be appointed to the Regional Advisory Housing Committee.
.. ~ - REPORTS
No. 39 ~ Planning & Development Camnittee - Re: AM-25/76, Wedgewood Builders
of Niagara Limited, Portage Road. The ~ommittee reconm~nds that Council certi
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
Rousing, and further that the application be approved subject to.development
control.
Alderman Sobol expressed concern regarding fencing near the swishing
pool in the proposal, and the possible dan~er to children. The Director of
Municipal Works advised that the plan attached to the report was only a
preliminary plan, and would require Council~s approval of a site plan at
s later date. It was also advised that the proposal would be subject to
Development Control, and the necessary safety measures ~oould be imposed
as part of Countills approval.
~OBDERED on the motion of Aldermen Mann, seconded by Alderman Stewart, that
~he repo~mendations of the Planning & Development C~ittee be adopted.
NOT~: Alderman Crows declared a conflict of interest
and abstained from votin$ on the matter,
See Resolution No.
See By=law No. 77R
No. 40 - City Nannear - Re: Lease of ~art of Oliver 8treat, The report recon~
approval of a request to use part of abe Oltver Street road allowance for the
~purpose of maintaining and usin8 an existinS boathouse, subject to anaaSreemee
stipulating the use of r.oad,'allowanoe st a fee of $~5.00 per! annum.
- 3 -
Aldermen Mann suggested that a review be mede of the fees charged in
such circumstances. The City Clerk advised that a report on the matter would
be prepared for Council~s consideration.
ORDERED on the motion of Alderman Schis let, seconded by Alderman Stewart, that
the report be received and adopted.
NOTE: Aldernmn 0rr declared a conflict of interest and
abstained from voting on the mercer.
No. 41 - City Manager = Re: Community Recreation Centres Grant and Greater
Niagara Senior Citizens Association. The report recommends that an application
of Intent be submitted to the Ministry of Culture and Recreation under the
Recreation Centres Act in order to obtain funds for the purchase of the former
Church of the Redeemer property as a senior citizens centre,
ORDERED on the motion of Aldermen Cheesmen, seconded by Alderman Thomson, that
the report be received and adopted.
No. 42 - City Manager = Re: Gladstone Avenue. The report reconunends passage
of a by-law authorizing execution of a license agreement with Niagara Plumbing
Supply Co. Ltd. for the use of an unopened section of Gladstone Avenue.
ORDERED on the motion of Aldermen Thomson, seconded by Aldermen Orr, that
the.report be received ~nd adopted.
See By-law No. 77-25
No. 43 - City Manager - Re: Contract S.S. 1-77, Local Improvement Storm Sewer
Construction, McGrail and Shirley Avenues. The report recommends acceptance
of a tender submitted byAlcopa Construction Co. Ltd, in the amount of
$97,376.09.
ORDERED on the motion of Aldermen Orr, seconded by Alderman Thomson, that the
report be received and adopted. See Resolution No. 6
See By-law NoZ 77'-2'3
No. 44 - City Manager - Re: Foxhead Inn Limited. The report advises of a
decision of the Assessment Review Court to reduce the assessment for the Foxhead
Inn property to $2,442,448.00 from $3,203,395.00.
The City Manager provided additional informerion in response to a question-'
raised by Alderman Orr.
ORDERED on the.motion of Aldermen Crowe, seconded by Aldermen Cheesmsn, that
the report be received and filed.
No. 45 - His Worship, Mayor Bukator - Re: National Directors Meeting, Canadian
Federation of Municipalities. The report advises of arrangements being mede
for a meeting between Federa1 and Provincial authorities to discuss problems
of municipalfftnancing.
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that
the report be received and filed. ~w-
:No. 46 - City Manager - Re: Parking on Victoria Avenue. The report recommends
that the Region be requested to prohibit parking on both sides of Victoria
Avenue from Bridge Street to Ferguson Street.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that
the report be received and adopted.
No. 47 - City Manager - Re: Intersection ofMargaret Street and Dell Avenue.
The report recommends that the necessary by-law be prepnred to allow the
erection of stop signs both northbound and southbound on Dell Avenue at
Margaret Street.
ORDERED on the motion of Aldermen Thomson, aeconded by Alderman Stewart, that
the report be received and adopted,
No. 48 - City Manager - Re: Didpoaal of City Floats. The report recommends
that the purchasing Agent be authorized to sell any used City float,,on a
written quotation basis at a cost not less than the value of the materials,
subsequent to written authorization from the City Manager.
Aldermen Cheesman and Moonay suggested that ins isting on recovering the
cost of materials might result in little interest in purchasing used floats.
T~e Director of Municipal Works advised that the floa~s are very ~aluable,
when considering the time involved in designing and decorsting them. If
they were designed by an outside firm rather than City employees, the cost
involved would be almost double. In view of this fact, it was felt that
anyone purchasing the entire float at the cost of materials was gettin8 a
-4-
bargsin. It was suggested that if this method was unsuccessful, the matter
could be re-considered.
ORDERED on the motion of Aldermaa Mann, seconded by Alderman Orr, that the
report be received and adopted.
No. 49 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler,
'~!~ ....... that-t-he~report-be received and adopted.
i * RESOLUTIOI~3
No. 5 - MANN - STEWART - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that the application of Wedgewood Builder'
of Niagara Limited for the rezoning of Lots 4 and 5 and part of Lots 20 and
Registered Plan No. 876, situated on the west side of Portage Roads conforms
and approved by the Minister of Housing; AND the r t
hereto affixed. Carried with Alder~
Crows abstaining on
conflict of interes~
and all others
in favour.
No. 6 - OP.R - THOMSON - RESOLVED that the unit prices submitted by Alcopa
Construction Company Limited for the~construction of Local Improvement storm
sewers on McGrail and Shirley Avenues, be accepted at the tendered price of
$97,3~6.09; AND the Seal of the, Corporation be hereto affixed.
Carried Unanimously':
BY - lAWS
ORDERED on the motion of Alderman Thomson~ seconded by;Alde~nan Fera~'that
the follo~ing_by-laws~be ~ow.'read a 'th~rdnandf'flnal time:']!, ' !. ' ' ~.,'
No, 76-258
No. 76a259
No. 76-260
I
A By-law to authorize the construction of watermains as improvemen{
to the water supply system in the Urban Service Areas of the City.
(Murray Hill, Main Street, Kalar Road)
A By-law to authorize the construction of a storm sewermain ss an
improvement and extension to the sewage system in the Urban Se~vici
Areas of the City. (McLeod Road, Dr-mmond to Alex)
A By-law to authorize the construction of a storm sewermain as an
improvement and extension to the sewage system in the Urban Servic
Areas of the City. (McLeod Road, Donald to Stanley)
No-~ 76~261
No. 76-262
- A By-law to authorize the construction of a storm sewermain as an
improvement and extension to the sewage system in the Urban Servic
Areas of the City. (Brooks Crescent)
- A By-law to authorize the construction of a sanitary sewermain as
improvement and extension to the sewage system in the Urban Servic
'Areas of the City. (Caledonia Street, Dunn to Dorchester)
No. 76-263
- A By-law to authorize the construction of improvements and extenst
to the sewage system in the Urban Service Areas of the City.
(Sanitary - Kister Road~ Storm -'Kister Road) '
No, 76-265
ORDERED on
be 8ranted
- A By-law to authorise the construction of a watermain as an impro~
to the water supply system in the Urban Service Areas of the Cityl:
(Kister Road) ..
' · Carried Urmnimousl~
Che motion of Alderman Fera, seconded by Alderman Cheesman, that les~
to introduce the followinS by-laws, and the by-laws be read a first
' A By-law to;authorizethe execution of development aareements.
Lm
- 5 -
No. 77-19 -
No. 77-23-
A By-law to authorize the execution of an agreement with the
Government of Canada represented by the Minister of Manpower and
Immigration. (L.I.P. Program)
A By-law to authorize the execution of an agreement with Alcopa
Construction Co. Ltd. for the construction of a storm sewer on
McGrail Avenue and Shirley Avenue. (S.S. 1-77)
No. 77-24-
No. 77-25 -
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. (AM-25/76,
Wedgewood Builders)
A By-law to authorize the execution of a license agreement with Niagara
Plumbing Supply Co. Ltd.
No. 77-26 -
A By-law to provide monies for general purposes.
Carried with Alderman
Crowe abstaining on a
conflict of interest
on By-law 77-24, and
all others voting in
f~vour.
ORDERED on
following
No. 76-91
No. 77-19
No. 7.7-23
No. 77-24
No. 77-25
the motion of Alderman Thomson, seconded by Alderman Stewart, th~ ~he
by-laws be now read a second and third time: ,
- A By-law to authorize the execution of development ~greements.
- A By-law to authorize the execution of, an agreement with the
Government of Canada represented by the Minister of Manpower and
Immigration. (L.I.P. Program)
- A By-law to authorize the execution of an agreement with Alcopa
Construction Co. Ltd. for the construction of a storm sewer on
MoOrail Avenue and Shirley Avenue. (S~S. 1-77)
- 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. (AM-25/76,
Wedgewood Builders)
- A By-law to authorize the execution of a license agreement with
Niagara plumbing Supply Co. Ltd.
NOI
77-26
- A By-law to provide monies for general purposes.
Carried with Alderman
Crowe abstaining on a
conflict of interest on
By-law No. 77-24, and
~ all others voting in
fayour.
It was moved by Alderman Oft, asaecaOnded by Alderman Thomson, that the
meeting adJourn. , .a a ~,.
SIXTH MEETING
Committee Room ~1
COMMITTEE OF THE WHOLE February 7, 1977
Council met in Committee of the Whole on Monday, February 7, 1977, prior
to a regular meeting. Allnmembers of Council were present. Alderman Fern
presided as Chairman.
Following cons ideration of the items presented~ the C°mmittee of tke Whole
arose without reporting.
READ AND ADOPTED,
CLERK
MAYOR
Council Chambers
February 7, 1977
Council met on Monday, February 7, 1977 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present. His ! ~
Worship~ Mayor Bukator presided as Chairman.
WELCOME
His Worship, Mayor Bukator extended a welcome to ten boys in attendance
in Council Chambers from the -Columbian Squ~res" group.
UNFINISHED BUSINESS
LOT 39, plAN 160, STAMFORD INDUSTRIAL PARK
Report No. 50 - His Worship, Mayor Bukator - The report recoEmends that Council
authorize the removal of the covenants as they apply to Lot 39, plan 160, in
order to permit the sale of the land to-Ashflash Limited.
In response to a question raised by Alderman Schisler, the City Solicitor
advised that'the Legal Department was not in agreement with the recommendation,
as the lot was being ~e~Sold at a .price considerably higher than it or{ginallY
sold for, and the City would not reap so~eof the benefits that Great Falls
that
Lumber would.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman,
the report be received and adopted.
NOTE: Alderman Crows declared a conflict of interest and abstained
~romvoting on this ms~ter.
GORDON SINGLETON, CANADIA~ CyCLING ASSOCIATION
Report No. 51 o City Maueger - The report recommends that a grant of 25% of
Mr. Singleton's expenses be assumed by the Recreation Commission, to an amount
not exceeding $500.00, on the understanding the assistance will be used to
defray trap~portation expenses as outlined in the Recreation Commission policy.
ORDERED on the motion of Alderman Mann, seconded by Alderman Moohey, that, in
the opinion of this Council, it is in the ~nterests of the Municipality to
meke a grant of 25%, but not to exceed $500,00, of Mr. Singleton*s transportation
expenses for attending the cycling events listed tnMr. Singleton's letter
dated September 26, 1976, which was submitted to Council at its meeting held
on January 17, 1977.
COMMUNICATIONS
No. 2~ - Regional Municipality of Niagara - Re: Meeting to Discuss Cash Flow
program and Sewage & Water flonstruotiou priorities. The communication confirms
arrangements made for a meeting between City Council and the Regional public
Works & Utilities Committee for ~hureday, February lOth at 4:30 p.m. at
that
legional headquarters.
ORDERED on the motion of Alderman Crows, seconded by Alderman Chessman,
the co~unication be received and filed, and that as many membe~a~ oi Council
as possible attend the meeting. . .... 2
No. 26 - Ministry of Transportation & Co~nueicattona ' Re: Re-organization
the Ministry. The con~nunication provides informariSe on the recent re-organii
tion of the Ministry.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Sobel, that
the communication be received and filed.
No. 27 - Regional Municipality of Niagara - Re: Niagara palls primary Sewage
Treatment plant Expansion- The communication advises that the Regiou propose. '1
to call tenders for the plant e~pansion in July, 1977, with construction to
commeuce in September, 1977, subject to sufficient monies being allocated in
the Capital and Cash Flow budgets and a satisfactory solution being obtained
for the processed Organic Residue Recovery Scheme.
Alderman Thomson expressed concern that the Region was still imposing
a solution to the sludge site problem as a condition to the expansion of the
pollution Control plant. Alderman Crows suggested that the matter could be
clarified at the meeting to be held with the Region on February 10th.
ORDERED on the motion 'of Alderman erowe, 'secOnded by AidarYan Thorns'on, 'that
the communication be received and filed.
No. 28 - Regional Municipality of Niagara - Re: 1977-1981 Capital Works Budge!
The communication requests the comments of the City with respect to the Capita4
Budget or any project proposed for the City.
ORDERED on the motion of Aldermen Thomson, seconded by Aldermen Orr, that the
con~unication be tabled in order to allow members of Council additional time
to study the proposed Regional Capital Budget.
~REPORTS
No. 52 - planning & Development Cou~ittee - Re: AM-16~75, Gulf 0il Canada, .
Southwest Corner of McLeod and Drummond Roads. The Committee recommends appr~
.of the application subject to Development Control, and further 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 Mann, seconded by Alderman Stewart, that. the~
recommendation of the Planning & Development Co~mittee be adopted.
See Resolution
SEe By-law No. 77-!
No. 53 - planning & Development Committee - Re: AM-33/76, Klein Construct{on
Drummond Road and Duun Street. The Committee recommends approval of the
application subject to Development Control, and further that Council certify
by resolution that thenapplication conforms to Official Plan Amendment No. '28l
of the Niagara Palls Planning Area, as amended and approved by the Minister
of Rousing.
The City Clerk read a letter of objection to the proposal from Mr. & Mraj
p. Borelli, expressing concern over a drainage problem. The Director of
Municipal Works indicated that he was not aware of the drainage problem referz'
to in the objection. Mr. E. Sinclair, sol&citor for the applicant~ advised
that approval was subject to development control, and that all "deficiencies
in the plan would be corrected.
It was moved by Alderman MacBain, seconded by Alderman Schisler, that the
report be tabled for one week for additional- information, The motion was
Defeated with the follo4ing vote:
AYE: .A'lde~men M~cBain, Schisler and Sobel.
NA"~: Aldermen Chessmen, Fera~ Jaluvka~ Mann, Moonay, Orr, Stewart and Thomson
· ~O1~: =Aldermen Crows declared a conflict of interest and abstained , from voting on this matter,
It was then mowed by Alderman Orr~ seconded by Alderman Stewart, that
the TecommendstionS of the Planning & Development Committee be adopted, The
motion Carried.with'Alderman gchisler yetinS contrarys and all others voting
in favour.
See Resolution No.
~O1~: Alderman Crews declared · confl.ict. of interest- -- 8ee By-ldw No.
and abstained 'from voting on this matter.
No. 54 - City Manager - Rat Purchase of 1976 8~0-GPM ClaSs A Fire Dept. pumper~
~he report reeonnends aeeep.tenee of e proposal byC.E. Hiekey for the supply
of a 1976 840-GPM Class A Fire Department Pumper.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Stewart,
that the report be received and adopted. See Resolution No. ~
No. 55 - City Manager - Re: purchase of sn Arc Welder. The report advises
that it was necessary to purchase an arc welder to be used in the
thawing of frozen household and business water services. The report requests
Council'a concurrence of this action.
In response to a question raised by Alderman Fera, the City Manager
indicated that the equipment was required over the weekend when over one
hundred water services were frozen, and the present arc welder broke down.
There were no contractors available to perform the work, and it became
necessary to purchase the equipment without prior approval of Council. The
Maintenanc~ & Operations Engineer provided additional information in response
to queetio~s raised by Aldermen Schisler and Thomson.
ORDERED on the motion of Aldermac Cheesman, seconded by Alderman Moonay, that
the report be received and adopted. See Resolution No. 19.
No. 56 - City Manager - Re: Development plan Approval, Inn'bY'the'Falls Motel
Extension. The report recommends approval of the Development plan as posted
in the Council Chambers.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that
the report be received end adopted. ..
No. 57 - City Manager - Re: Road Needs Study. The report recommends that the
upset limit of fees to W.L. Sears & Associates be increased by $3,000 and
agreement with the firm be accordingly amended, subject to approval of the
M.T.C., and further that an agreement be authorized with the Ministry of
Transportation & Communications for the additional fees at 75% subsidy subject
to approval by the Ministry, with the City'a share in th~ amount of $750
to be included in the 1977 budget.
The Director of Municipal Works provided additional information in
response to a question raised by AldermanCheesman.
ORDERED on the motion of Alderman Schiller, seconded by Alderman
that the report be ~c~tved and adopted, subject to the City's share being
a maximum amount of $750.00.
No. 58 - City Manager - Re: Winter Control, January, 1977. The report provides
information on the demands for winter control on City streets and roads during
January, 1977. In order to minimize the winter control budget, it is suggested
that for the remaining winter season, that sidewalk p~owing be confined to
certain areas of the City, such aS business areas, arterial roads, bus routes
and on one side of those aidewalks adjacent to schools located outside the
bus routes.
His Worship, Mayor Bukator provided additional information on requests
made to the provincial and Federal authorities for assistance following the
severe storm during the last weekend in January.
0RDEKED on the motion of Alderman Thomson, seconded by Alderman MacBaLe, that
sidewalk plowing be confined ~ certain areas of the City in order to minimize
the winter control budget.
No. 59 - City Manager - Re: Application for Approval of Expenditures - Grassybrook
Perk. The report reco~nenda that Council authorize the submission of an
application~Provincial authorities for an Order-in-Council authorizing
aubsidization of Municipal expenditures for the Grassybrook Park Up tO an
amount of $110~000.
DUring the discussion on this report, Alderman Mann suggested that local
Scout groups might he interested in carrying out some of the work required in
the park, as they have used the facilities on many occasions. Alderman Schisler
also suggested that an effort should be made to leave the park in its natural
state. ,
ORDERED on the motion of Alderman Thoms~n~ seconded,bY Aldermen Fera, that the
report be received and adopted.
~o. 60 - His Worship, M~yor Buk~tor - Re: plsn for peacetime Disasters. The
report provides ~embers of Council with a copy of the Niagara Falls Plan for
peacetime Disasters for study.
Alderman Chessman stated that the report was iof sufficient importance
to warrant further study by members of Council. .....~
- · 3
-4 -
Alderman Sobel referred, to a local towing business that had charged
felt that when considering the number of
a fee of $30 per car, to free absndoned cars from snow drifts and tow them
to another location- The Alderman storm the operator had made su
cars that were stranded during the
unreasonable profit at the expense of persons in an emergency situation.
Atdernmn Sobel asked if there was any way iu which the Municipality could iL:
in such situations, and provide members of Council with a report on the
matter.
Several other members of Council felt that the City had uo authority
to act iu such matters, and pointed out that the costs incurred by this
particular towing business for manpower, equipment, gasoline, etc. would
likely leave a small margin of profit. Reference was also made to the fact
that many of the towin~ businesses operated around the clock over the storm
weekend, and in some cases, at great personal risk during the height of the
storm. The towiu~ businesses had been instr;'P~utal in clearing many of
the streets blocked by abandoned cars.
Following further discussion, it was mowed by Alderman Cheesumn, second~
by Alderman Fern, that the Plan for peacetime Disasters be tabled to allow
members of Council further time to study the document, and make any observat~'
or recommendations cons idered necessary · The mot ion C_arried unanimous ly. : ~
VERBAL REPORT - Director of Municipal Works - The Director of Municipal Works ~
advised that due to frozen.water services, the City has connected approximat~
twelve'thousand feet of water.hose to supply.water service to the homes
and businesses affected- Further investigation revealed that certain waternm~
have frozen. The Director of Municipal Works stated that two mains in parti64
on LundYts Lane between Dr''"~°nd and l{an~n, and on Dr,;ramend Road from Lundy's~
L~ne to Suchnet place~ were old 4" mains, and should be replaced with larger '
maim at a greater depth. It was recou~ended that Council authorize the wor~ ~
to be carried out on a cost-plus basis without calling tenderas and that the !
approvals can be obtain 'i
construction be carried out as,!~oon~as all necessary .
ORDERED on the motion of Alderman Crows, seconded by Alderman Stewart, that
the recommendation of the Director of Municipal Works he adopted.
No. 61 - City Manager - Re: Building permits. The report provides a breakdew'
of permits issued by the Building & Development Department for the month of !
January, 1977.
ORDERED on the motion of Alderman Thomson, seconded by Aldermen Stewart, that.
the report be received and filed.
No. 62 - City Manager - Re: Municipal Accounts. T~e report recommends paYme~
of the municipal accounts. '
ORDERED on the motion of Alderman Mann, seconded by Alderman ,Schtsler, that
the report be received and adopted. ...
RESOLUTIONS
No. 7 - MANN - STEWART - RESOLVED that the Council of the Corporation of the.
City of Niagara Falls hereby certifies that the sp~lication of Gulf Oil Canad
Limited for the re~ening of Pert Lo~s 29, 30 and 31, Registered Plan 85,
situated on th~ southwest corner of McLeod Road and Dr~m'nond Road, conforms
to Official Plan Amendment No. 28 of the Niagara Falls planning Area as
amended and approved by the Minister of Mousing~ AND the Seal of the
Corporation be hereto affixed. Carried Unanimou~
No. 8 - O~R - STEWART - RESOLVED that the Coundil of the Corporation of the
City of Niagara ~alls hereby certifies that the application of J. Klein
Construction Ltd. for the rezoning of Part Township Lot 158, situated on
the north aide of Dunu Street, conforms to Official planAmendment No. 28
of the Niagara Falls Planning Ares as amended and approved by the Minister
of .Housing; At~ the 8eel of the Corporation be hereto affixed.
~" Carried with AIde
~! Crowe abstainin;
conflict of inter
Alderman Schisler
contrary, and all
:voting in fayour.
No. 9 - CHEESMAN - STEWART - RESOLVED that the proposal submitted by C.E.
HiekeY for the supply of a 1976 840-GPM Class A Fire Department pumper, be
accepted at the total price of.$47,892.00; AND the Seal of the Corporation
be hereto affixed. Carried Unanim°usl-x
No. 10 - CF~EESMAN - MOONEY - RESOLVED that the proposal of Canadian Oxygen
~imited for the supply of an arc welder be accepted at the total price of
$4,302.97; AND the Seal of the Corporation be hereto affixed.
Carried Dnanimousl_J_
By-LAWS
_____--
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
No. 77-27 - 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- (AM-16/75,
Gulf Oil Canada)
No. 77-28 - 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. (AM-33/76
Klein Construction) ..
No.-77-29 - A By-law to amend By-law No. 2530, 1960 of the former Township of
Stamford, now in the City of Niagara palls, as amended- (Rainboyt
Gardens Sub'd.)
No. 77-30 - A By-law to appoint municipal plumbing inspectors.
No. 77-31 - A By-law to provide monies for general purposes.
_ Carried with Alderman
Crowe abstaining on a
conflict of interest
on By-law 77-28,
Alderman Schlsler voting
contrary on By-law 77-28,
and all others voting in
favour.
ORDERED on the motion of Alderman Thomson, seconded by Alder~mn Fera, that the
following by-laws be now read a second and third time:
No. 77-27 ' 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. (AM-16/75,
Gulf Oil Canada)
No. 77-28 - A By-law to amend By-law No. ~530, 1960 Of the former Township of
' Stamford, now in the City of Niagara Falls, as amended. (AM-33/76,
Klein Constructi°n~
No. 77-29 - A By-~aw to amend By-law No. 2530~ 1960 of the former Township of
Stamford, now in the City of Niagara Falls, aa amended. (Rainbow
Gardens-Subtd')
No. 77-30 - A By-law to appoint municipal plumbing inspectors.
No. 77-3~ - A By-law to provide monies for general purposes..
Carried with Alderman
Crows abstaining on a
conflict of interest
on By-}aw 77-28,
Alderman Schisler voting
contrary on By-law 77-28
and all others votin~ in
f_avour. _ "
NEW BUSINESS
SCHOOL SAFETY STUDENTS ATTENDANCE AT FLYER HOCKEY GAME
Aldernmn Thomson advised that he had been contacted by a member of the
safety branch of the Regional police concerning a number of students involved
fn a safety program fn two City schools. The students involved are acting as
crossing guards in areas where the City has not placed a crossing guard. Au
approach had been made to the marmgement of the Arena to see if it would be
possible to treat the students involved, a total of thirty-five, to a Flyer
hockey game, sad this request had met with s negative answer. It was moved
by Alderamn Thomson, seconded by Alderman Fern, that pen~ission be granted
for the thirty-five students involved to attend a Niagara Falls Ylyers game
as guests of the City. The motion C~arried. unanimously.
GREEN 0AKES MOBILE HO~ PAPa(
Alderman Thomson advised that he had received a number of calls fromTM
residents of the Green 0akes MobilesHome Park, complaining about the lack of
plowt.ng of driveways in the park. The residents are mainly concerned that
Fire ~ept. vehicles would not be able to enter the Park in the event of a
fire. Since the Municipality has no authority to order the owner to clear
the driveways, the Alderman felt that the draft mobile home park policy
when passed, would provide the City with the necessary authority to act in
such matters. Reference was also made to the possibility of enacting a
fire-lane by-law similar to one in effect in St. Catharines, that would
make provision Of adequate Fire Department vehicle access mandatory..
It was moved by Alderman Thomson, seconded by Alderman 0rr, that the proposed
mobile home park policy, and a proposed fire-lane by-law be prepared for
Council's consideration as soon as possible. ~he motion Carried unanimously.
P,~KI~ ON SIXTH AVENUM
Alderman Sobol advised that she had received a petition from residents
in the Sixth Avenue - Bridge Street ares requesting that parking be prohibited
on Sixth Avenue. It was moved by Alderman Sobol, seconded by Alderman Orr,
that a report be prepared on the possibility of p~ohibiting parking in this
· area.. The motion Car.r.ied unanimously.
STUDENTS
Alderman Sobol advised that she had received complaints from some students
working as 'swim instructors during the S"mm~r. These students apparently did
not receive time and one-hsl£ pay for working statutory holidays. It was moved
by Alderman Sobol, seconded by Alderman Thomson, that a report be prepared
concerning these complaints. The motion Carried unanimously.
SC~DULING OF COUNCIL r~ETINGS
Alderman theegroan suggested that consideration be given to scheduling
meetings every other week, with .two separate agendas to be considered at that
time.. The Alderman felt that this would provide a choice O~ times for persons
wishing to appear before Council. It was also suggested that if this procedure
were to be followed, the aSendas could be distribhted to members of Council
earlier in the week to allow further time for perusal.. His Worship, Mayor Bukatc
suggested that members of C,euncfl could consider this suggestion further, and
discuss the matter again at the next Council m~.eting. "
**.****
It was ~oved by Alderman Crowe, seconded by Alderman Schisler, that the
meeting adjourn. . ,~8~, '
BEAD AND A~OPTED,
SEVENTH MEETING
COMMITTEE OF TH~ WHOLE
Committee Room #1
February 14, 1977
Council met in Cemmittee of the Whole on Monday, February 14, 1977 prior
to a regular meeting- All members of Council were present. Alderman MacBain
presided as Chairman.
Following consideration of th~%~t~ams presented, the Committee of the Whole
aroseuwithout reporting. '
BEAD AND ADOPTED,
Council Chambers
February 14, 1977
Council met on Monday, February 14, 1977 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present. His
Worship, Mayor Bukator presided as Chairman. Alderman Crows offered the
Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Aldernmn Mann, seconded by Alderman Orr, that
the minutes of n~etings held on February 7, 1977, be adopted as printed.
pRESENTATION 0FACHIEVEMENTAWARD~_
Ris Worship, Mayor Buk~tor presented Achievement Awards to Mr. Joe Loro,
Mr. Jake Martel, Mr. Mike Hudson, Miss Jannese Carlson and Mr. Mike Robinson
of the Midtown Junior Bowling League. The team won the Ontario provincial
Junior Ten Fin Tournament "AAA" Division on May 22rid, 1976 in Windsor, Ontario.
The team coach, Jo-Allen Carlson was unable to be present to receive her
award.
UNFINISHED BUSINESS
SD~R STUDENTS
Report No. 63 - City Manager - The report advises that all students employed
by the City during the summer months were paid time-and-a-half for all
holidays worked. It is requested that the names of the students claiming
to have been paid incorrectly be supplied so that the matter can be
i,nvesttgated further.
Alderman Sob~l advised that the students inqquestion were employed under
the swimming instructors program, which is under the Jurisdiction of the
Recreation Commission- The Director of Recreation advised that the program
was a Joint-program sponsored by the Red Cross, Lions Club, the Instructors
Association and the Recreation Commission, and was funded through a Recreation
Commission grant. The Director of Recreation further advised that he would
review the program's payroll records to determine if all students were paid
in accordance with provincial regulations.
ORDERED on the marion of Alderman Sobol, seconded by Alderman Schisler, that
the report be received and filed, and that a further report on the matter be
prepared by the Recreation Cos~nission.
pROp0~EDAMEND~NT NO. 82 TO OFFiCiAL plAN. T.G. BRIGRE SUBDIVISION
Report No. 64 - City Manager - The report provides information on a number of
concerns expressed bY the Ministry of Rousi~B respecting the proposed subdivision.
Considershie discussion took place on this matter~ during which time
members of Council expressed their opinions on the suitability of the proposal
. in this ares, as it relates to the C.N.K. rail llne, th@I ~oE,W. and the
existing Brights winery operation. . .... 2
Following further comment, it was moved by Alderman Thomson, seconded
by Aldermen theeamen, that Council re-affirm its approval of the proposed
development, and the Ministry of Housing be so notified. The motion Carried
with the following vote:
AYE: Aldermen Cheesman, Crowe, Jaluvka, Mann, Moonay, Orr, Schisler, Stewart
and Thomson.
NAYE: Aldermen Ferns MacBain and Sobol.
COMMUNICATIONS
No. 29 - Ontario Traffic Conference - Re: Seventh Annual Meeting of Elected
Representatives Connnittee. The connunication provides information on the
annual meeting of the Elected Representatives Connnittee of the Ontario Traffic
Conference to be held in Toronto on April 14~ 15 and 16, 1977.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobol, that
Aldermen Stewart and Thomson be authorized to attend the Annual Meeting.
No. 30 - Ministry of Housing - Re: Request to Amend O~ficial Plan for t~e
Niagara Falls Planning Area on behalf of the Regional Municipality of Niagara.
The communication requests the comments of the Municipality with regard to a
request of the Region to amend the Cityis Official Plan with respect an
unopened road allowance bisecttn~ the proposed site for the sludge disposal
operation.
AND
Report No. 65 - CityManager - Re: Request of Region roAm end Official Plan
Proposed Sludge Disposal Site. The report recommends that the Ministry of
Housing be notified of the City~s action to. date as it relates to the sludge
disposal site and request that the application for the Official Plan change
be considered in conjunction with the rezoning applicatio~.
Alderman Schisler expressed concern that the road allowance in question
was designated-in the Offidle& Plan:~s an arterial roadway 86' in width, when
in fact the roadway was only 66' in width. The Director of Municipal Works
advised that when the Official Plan was originally formulated, the roadway
was designated as an ultimate 86' wide arterial roadway even though in its
existing condition, the roadway is only 66' in width.
ORDERED on the motion of Alderman Thomsons seconded by Alderman Stewart, that
the report he received and adopted.
REPORTS
No. 66 - Planning & Development Committee - Re: AM~40/76, Trademark Conatructie
Kirkland Drive and South Side of Tad Street. The report advises that when
the application for rezoning was considered by the Planning & Development
C~multtee, no objections were received and no persons were in attendance in
objection to the propose1. Subsequent to the meeting, a D-mher of letters
of objection were received. In view of the fact that further processing of
the application would be required prior to conside~ation of Council, it was
felt an interim report should be presentedto obtain Council~ direction in
the matter.
The City Clerk advised that he had received a letter prior to the meeting
from the applicant, requestin~ that the application be withdrawn.
ORDERED on the motion of Alderman Thomson, seconded by Alderm~n Fern, that the
report be deleted from the agenda. r
No. 67 - City Manager - Re: Residential Development South of Chippawn and"
Niagara Peninsula Conservation Authority FlondplainMapping. The repor~
reconenends that Council request the Niagara Peninsula Conservation Authority
to initiate a consideration for floodplain reductions nlon; Ussher's Creek
so that the City can continue to plan for andddevelop those lands designated
Residential in the Official Plan in the northeast section of the former
Township of Willoughby.
ORDERED on the motion of Aldersan Mann, seconded by Alderman Moonay, that
the report be received and adopted.
No. 68 - Recreation Commission - Re: Area Receeat~on Board Appointments. The
Recreation Commission reckends the following persons to be appointed to the
respective Area Recreation Boards:
1) Mr. G.R. Michowtdz - Northwest Board
22) Mr. N. Weaver - Northwest Board
3) Mr. M. Aceti - Noeth%est Board
4) Mr. F. Vesil - Niagara Central Board
ORDERED on the motion of Aldercan Chessmen, seconded by Alderman Schisler,
that the recomeendation of the Recreation C~u~lssion be adopted, end the
respective appointments confitted.
No. 69 - City Manager - Re: Exchange of Lands between the City and Martin,
Southeast Corner of Portage Road and Swayze Drive. The report recommends
passage of a by-law to authorize the execution of an agreement for the subject
land exchange.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Moonay, that
the report be received and adopted.
See By-law No. 77-32
No. 70 - City Manager - Re: Olden Avenue and Scholfield Street. The report
recommends passage of a by-law to establish lands conveyed by the M.T.C. and
Ontario Hydro as public highways, which-are to form part of the City's road
system.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Moonay, that the
report be received and adopted.
See By-law No. 77-33
No. 71 - City Manager - Re: 1977 Tenders. The report requests authorization
of Council to call tenders for certain services, materials and clothing which
are required by various departments for their operation throughout the year.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the report be received and adopted.
No. 72 - City Manager - Re: Development Plan Approval, Barkhour Holdings Ltd.,
proposed Condominium Units on Willoughby Drive. The report recommends approval
of the development plan as submitted.
ORDERED on the motion of Alderman Orr, seconded by Alderman Thomson, that
the report be received and adopted.
No. 72 - City Manager - Re: Garbage Receptacles- The report advises of a p.ropo~al
of ECOLAD Corp. to supply, maintain and replace heavy duty aluminum receptcales
at no cost to the City. The sides of the containers would be used for adverti-
sing purchased by bus iness operators in the City, but Council 'would remain in
control of the displays as well as the location of the receptacles. It is
recommended that Council in the first instance support the proposed franchise
'in principle subject to six conditior~.
Alderman Thomson questioned~he use~oE advertising on the sides of the
containers in view of the amount of advertising in the City on benches, buses
and billboards. The Alderumn felt the comments of the Chamber of Commerce,
N.R.T.A. and the business associations would he of benefit in considering the
matter,further. Several other members of Council commented on the
advertising aspect of the garbage receptacles, and the Director of Municipal
Works advised that approval in principle could be given to the proposal,
'and the comments of the various business an~.tou=ist associations could be
obtained for the benefit of Council.
Following further discussion, it was moved by Alderman Thomson, seconded
by Alderman Orr, that approval be granted in principle, and that the couunents
· of the Chamber of Commerce, N.R.T.A. and Downtogn and Main & Ferry Business
Associations be obtained prior to further consideration of the matter.
The motion Carried unanimously.
No. 73 - City Manager - Re: Summer Ir6ckey School. The report recommends passage
..of a by-law authorizing an agreement with the Greater Niagara Falls Minor Hockey
'Association for their summer hockey school.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that
the report be received and adopted.
No. 74 - City Manage~::,~aRe: City,of Niagara Falls Float for 1977. The report
recommends approval of the 1977 City float schedule, and that an allocation
in the amount of $15,000 be provided for the construction. and operation of
the float in the 1977 Operating Budget.
Alderman Mann felt that an expenditure of $15,000 for the float was not
~Sbified {~eviewnof the cost of winter maintenance this year, and other
necessary services that must be provided out of the current budget. The
Aldermen suggested that 1~et year's float could. be raps ired and used for
a further year. Alderman Thomson agreed that the cost of providing a new
float was high, but pointed out the advantages to the City in having a
float to participate in parades end festivals throughout the area. Alderman
Thomson felt the matter should be tab!ed so that further information could
be made available on the condition of the existing float and whether it
9e~ be utilized for a further season.
The Director of Municipal Works advised that the designer of th~ float
had reported that theeexisting float could not be restored and used for the
upcoming season due to the state of d~ repair, and had recommended the
construction of a new float.
Followir~ further discussion, ft was moved by Alderman Thomson, seconded
by Alderman Crows, that the report be tabled for further information. The
motion Carried with the following vote:
AYE: Aldermen Cheesman, Crows, Fares Jaluvka, MacBain, Moonay, Orr, Schisler,
NAYE: Aldermen Mann and Stewart.
No. 75 - City Manager - Re: Demolition Tender~ ~Thereport recommends acceptan
of a tender submitted by Richard J. Collee for the demolition of 4850 and 4883
Buckley Avenue.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the
report be received and adopted.
· " - ......... -.. See Re~plution No..
~ See By-law No. 77-]
No. 76 - City Manager - Re: Lions Club Outdoor Rink~ The report advises of a
proposal of the Lions Club totconstruct an outdoor rink on Drummond Road. The,
Lions Club has requested that they receive assurance their lease for the
property on ~ond Road will be renewed beyond Jannsry, 1981, and secondly
that the cost of operations for the outdoor rink will be assnmad by the City.
Mr. J. Sheppitt, Project Chairman of the Lions Club, was granted permissio.~
to address Council on the motion of Alderman Thomson, seconded by Alderman
Jaluvka. Mr. Sheppitt elaborated on the project which would involve an door~
ice surface that would be landscaped so that it would not be used as an
rink, but simply as a family skating facility. Due to a special type of
construction for the base, the facility could also be used for rollem~akating
during the summer months. The Lions Club would like assurance that their
present lease will be renewed beyond 1981, and secondly, that the City will
assume the operating costs prior to commencement of engineering and design
of the facility. Mr. Sheppit provided additional information in response to
questions raised by members of Council. The Director of Recreation also
provided additional information on the need for such a facility in the City.
Alderman Schisler expressed concern that oper~t~o~o~ thaifacility would
necessitate the hiring of two additional employees. The City Manager explained
that it may be possible to provide the employees out of the existing complement
but pointed out that there would be huddreds of people using the facility, and
the cost of maintenance, including salaries, had to he weighed against the
value of the facility for recreation purposes. "
Following further discussion, it was moved by Alderman Thomson, seconded
by Alderman MacBain, that the report be received an~ adopted. The motion
Carried with Alderman Schisler voting contrary, and all others in fayour.
No. 77 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman gang, seconded by Alderman Fete, that the
report be received and adopted. '
RESOL~TIONS
No. 11 - SCHISLER -, CMEESMAM- RESOL~ED~that the,'Corporat~oo 'ofEthe~,City~ of Nia~
Falls petition for..suhstdy{.under ~the{fp~o~$sion~ 'of .~he-Peblic ~ransportation
HfEhway'~provement Ac~'on~expenditures ~de~durinS~t~e~Fesr~ 19~6h&w~the~amount
of~$2v~d8,659.07~ A~ the Seal of the Corporation be hereto affixed.
~.- , t . Carried U~nimously
No. 12 - THMON - O~ - MSOL~D t~t the tender submitted by Richard' J.
Collee for the demolition of ~850 and 4883 Buckley Avenue, be accepted at the
tendered price of $2850.00; A~ the Seal of the Corporation be hereto
alfred. '
Carried Unanimously
BY-lAWS
ORDEI~ED on the motion of Alderman ~homson, seconded by Alderman Schisler, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
1
No. 77-32 - A By-law to authorize the execution of an agreement for the
exchange of lands with Leo Martin and Eda Martin.
No. 77-33 - A By-law to establish certain lands as parts of Olden Avenue and
Scholfield Street.
No. 77-34 - A By-law to authorize the execution of an agreement with Richard
Collee Trucking and Excavating Limited for the demolition of
buildings.
No. 77-35 - A By-law to authorize an agreement with the Greater Niagara Falls
Minor Hockey Association.
No. 77-36 - A By-law to authorize the execution of a release respecting Lot 39,
Registered Plan No. 160 for the Township of Stamford, now in the
City of Niagara Falls.
No. 77-37 - A By-law to amend By-law No. 7531, being a By-law to provide for the
erection of stop signs at intersections. (Stop Sign, Margaret at Dell)
No. 77-38 - A By-law to provide monies for general purposes.
Carried with Alderman
Crowe abstaining on a
conflict of interest on
By-law 77-36, and all
others votin~ in favour.
ORDERED on the motion of Alderman Mann, seconded by Alderman Chessman, that
the followingby-laws be now read a second and third time:
No. 77-32 - A By-law to authorize the execution of an agreement. for the
exchange of lands with Leo Martin and Eda Martin.
No. 77-33 - A By-law to establish certain lands as parts of Olden Avenue and
8cholfield Street.
No. 77-34 - A By-law to authorize the execution of an agreement with Richard
Collee Trucking and Excavating Limited for the demolition of
buildings.
No. 77-35 - A By-law to authorize an agreement With the Greater Niagara Falls
Minor Hockey Association.
No. 77-36 - A By-law to authorize the execution of a release respecting Lot 39,.
Registered Plan No. 160 ~ the Township of Stamford, now in the
City of Niagara Falls.
No. 77-37 - A By-law to amend By-law No. 7531 being a by-law to provide for the
erection of stop signs at intersections.
No. 77-38 - A By-law to provide monies for general purposes.
/ Carried with Alderman
Crows abstaining on a
:' conflict of interest on
By-law 77-36, and all
· others voting in favopK.
BUSINESS
PARKING ON ROBINSON STREET
Alderman Thomson advised that he had been contacted by former Mayor Miller
regarding parking on Robinson Street. The Alderrash requested that a report be
prepared on the possible elimination of parking on Robinson Street.
~ETING TO DISCUSS OBJECTIVES
His Worship, Mayor Bukator reminded Council of certain objectives enumerated
in his Inaugural Address and the need to develop policies to provide for the
continuing growth of the Municipality. Reference was also made to a suggestion
by Alderman Cheesmsn considered at the January 17th meeting of Council to
- 6-
discuss formulation of objectives required to support continuing development
and improvement of the MunicipalitY· The Nayor solicited the participation
of the members of Council to put forward any ideas they may have in this
In order to consolidate all proposals, the Mayor suggested that he
respect. pleased to discuss the matter further with those members of Council
would be
wishing to m~ke suggestions, and suggested February 28th at 4:30 p.m. would
be an opportune time to hold such a disnussion.
It'was moved by Alderman seconded by Alderman Fera, that the
meeting adjourn.
.~R/~ADOPTED'
.... ~YOR
EIGHTH MEETI.NG
REGULAR I{~ETING
Council Chambers
February 21, 1977
Council met on Monday, February 21, 1977 at 7:30 p.m..for the purpose of
considering ~eneral business. All members of Council were present with the
e~ception of Alderman Stewart. His Worship, Nayor Bukator presided as Chairman.
Alderman Sobol offered the Opening prayer.
NOTE: Alderman Crowe arrived at the meeting·
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Mann, seconded by Alderman Chessman,
that the minutes of the meeting held on February 14, 1977, be adopted as
printed.
NO~E: Alderman Thomson arrived at the meeting. UNFINISHED BUSINESS
i
SUlkIER STUDENTS
Report No· 78 - Recreation Commission - The report advises that students
employed as swimming instructors in the sununer swim lesson program for 1976
were not paid time and one-half for working on statutory holidays, which is
in accordance with the ,,Employment Standards Act", Ontario Department of
Orr, that'the
Labour.
ORDERED on the motion of Alderman Sobol, seconded by Alderman
report be received and filed·
COI~IIJNICATIONS
No. 31 - Mrs. Susan Booth - Re: parking Lot Light, Dorchester Road· The
coumunication advises of problems experienced with a light in the parking lot
at 2631 Dorchester Road.
His WorshiP, Nayor Bukator advised that he had spoken to Dr. WetheruP
regarding this problem, and the doctor had requested an additional week to
allow time to work out the problem·
ORDERED on the motion of Alderman Thomson, .seconded by Alderman Mann, that
the communication be tabled for one week.
No. 32 Regional Municipality of Niagara ' Re: 1977-1981 Capital Works .
- comments of the City with respect
Budget. The con~untcation requests'theproject proposed for the City at
to the Capital Budget or any particular
the earliest possible date.
Alderman Thomson referred to the recent meeting held with Regional
officials regarding certain capital projects in the City, and stated that
the City's priorities were made known to the Region at that time.
ORDERED on the motion of Aldermal~Thon~on, seconded by Alderman Fera, that
the connnunication be received and filed·
REPORTS
NO. 79 - Sis WorshiP, Nayor Bukator - Re: Use of City Flag. The report
reconunends: 1) That any individual or orbanisati°n wishing to use the City
flag should make application to the City Clerkfs office; 2) That in order
to minimize the loss of flags, a deposit of $15.00 should accompany each
application for use of the flag, $10.00 of which amount will be refunded
upon the return of the flag in good condition; 3) In granting permission,
each application will be considered on its individual merit, having due
regard to the nature of the function and the manner in which the City flag
will be displayed·
ORDERED on the motion of AldermanMann, seconded by Aldex~nan gchisler, that
the report be received and adopted.
No. 80 - City Manager ' Re: 1976 Annual Report of the Fire Department· The
report provides information on the operation of the Niagara Falls Fire Department
for the year 1976. '
ORDERED on the motion of Alderman Mann, seconded by Alderman Jaluvka that the
report be received and.~iled ...... 2
-2-
No. 81 - City Nanager - Re: 1977 Regional Sewage and Water Rates. The
report advises of the 1977 rates for sewage treatment and water supply from
the Region at 31.5¢ per 1000 gallons of water, and 47¢ per 1000 gallons of
sewage treated. As of January 1, 1978, a uniform rate will be phased in
for all area municipalities at a proposed rate of 34¢ per 1000 gallons of
water and 54.4¢.per 1000 gallons of sewage treated.
The City Manager provided information on the effect this increase will ~'!
have on operating costs to the City, in response to a question raised by
Alderman Mann.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Moonay, that
the report be received and filed.
No. 82 - City Manager - Re: Appeal by City of Port Colborne of Regional Sewer
and Sewage Service Rates. The report advises that the City has been served
with an Appointment for Rearing by the Ontario Municipal Board for May 18, 19]
of an appeal by the City of Port Colborne against the 1976 sewer and sewage
service rates imposed by the Regional Municipality of Niagara. It is further ~
advised that City staff is studying the nmterisl submitted by Port Coiborne
and will be making s further report and recommendation to Council.
ORDERED on the motion of Alderman Thomson, seconded by Alderman err, that
the report be received and filed.
No. 83 - City Manager - Re: Rating By-laws for Debenture Issue. The report
recommends passage of four by-laws to provide for the levy of.rates to meet
instalments of principal and interest falling due on debentures issued by
the Region on behalf of the City for the Stanley Avenue ~runk storm sewer
project, the Sylvia Place Market, the South End Arena and the Public
Library
on Victoria Avenue.
ORDERED on the motion of Alderman Mann, seconded by Alderman Chessman, that
the report be received and adopted.
Seer By-laws 77 39
77-42
77-41 and
No. 84 - Recreation Commission - Re: Niagara Central Recreation Board. The
Recreation Co=mission recommends that Mr. W. Hague be appointed to the Niagara:
Central Recreation Board for a two year term.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Schtsler, that
the reoon~endationso~ithe Recreation Commission be adopted, and the
confirmed.
No. 85 - City Manager - Re: Repeal of Early Closing By-laws. The report
recommends that certain by-laws governing store hours be rapnaiads as the
by-laws are considered noti,to,.reflect current shopping practices, and have
not been enforced. This matter was brought to the attention of the City
as a result of an inquiry of Cambridge Baseholds Ltd. concerning evening
operation of the shopping plaza. ~
Alderman Thcmson pointed out that although the repealing of the specific
by-laws would not result in any great consequence, the merchants in the Downto~
and Main & Ferry business areas should have an opportunity to comment on the
matter.
ORDERED on the motion of Alderman Thomson, seconded by Alderman JalUvka, that
the report be tabled, pending consideration and.con~nents of the Downtown and
Main & Ferry Business Associations.
No. 86 - City Manager - Re: Proposed "Desson Subdivision',. The report'
recommends preliminary approval of the proposed plan~subJect to seven con-
ditions. It is further reconnnended 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.
The City Clerk advised that a letter of objection had been received
from three area residents expressing concern over loss of privacy, andt the
extension of Claude Avenue. Alderman Moonay advised that these points were
covered at the Planning & Bevelopment Cc~.ntttee meeting, and approval was
being recommended for the proposed plan of subdivision.
ORDERED on the motion of Aldern~n Hoenay, seconded by Alderman Fern, that
the report be received and adopted.
See Resolution No.
No. 87 - Recreation Commission - Re: New Faces Television Program. The report
advises thst perfox~ners i from cNia~ars Fells, ~ill- be featured non, the NeW ,Faces
Program on Channel 11 on February 27th at 6:30 p.m.
ORDEBBD;on. Che motion of Aldermen O~r, seconded-by Aldeman Sobel, that the
report be received and filed.
No. 88 - City Manager - Re: Exchange of properties, Church's Lane and St.
paul Avenue. The report recommends that Council authorize the preparation
of a reference Plans the exchange of Parcel "B' for "B-l" and the sale of
parcel "C" as shown on the plan attached. With respect to parcel 'C', a
further report will be submitted to Council suggesting the recommended sale
price. Following the exchange of parcel "B" for "B~l" a further report will
also be submitted regarding the invitation of quotations for the purchase
of the three lots and any conditions to be attached thereto- All costs
incurred by the Municipality in the creation of the lots will be recovered
from their sale.
ORDERED on the motion of Alderm~nMann, seconded by Alderman err, that the
report be received and adopted.
No. 89 - City Manager - Re: Transportation SafetY Association Awards for
1976. The report recommends that forty-four drivers be permitted to attend
the Transportation Safety Association banquet for March 26s 1977. It is
further recommended that His Worship, Mayor Bukator or his designate and two
members of the supervisory staff also be authorized to attend.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that
She report be received and adopted.
No. 90 - City Manager - Re: Exchange of properties with Lions Club of Stamford.
The report recommends the exchange of properties between the City and the
Lions Club of Stamford in the area of the portage Green Subdivision. The
exchange will provide additional parking space for the Lions Club building,
and will provide the City with additional land';to be used in conjunction
with the dedicated.park lands from the portage Green Subdivision. It is
recommended that assurance be received from the Lions Club that they will '
grant to the City a pedestrian right-of-waY between the City's park and
Fortage Road. It is also recommended that all costs involved be borne
equally between the City and the Lions Club.
· ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesmans
that the report be received and adopted.
No. 91 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman Orr, seconded by Alderman Moohey, that the
report be received and adopted.
RESOLUTION
No, 13 - MOOMY - FERA - RESOLVED that the Council of the Corporation of
-the City of Niagara Falls hereby certifies that the development of approximately
2.7 acres of property located to the north of the present limit of Claude
Avenue and to the south of Portage 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 UnanimousIX
BY-lAWS
ORDERED on the motion of Alderm~n Thomson, seconded by Alderman Chessman, that
/leave he granted to introduce the following by-laws, and the by-laws be read a
~irst time:
No. 77-39 - A By-law to ,provide for the levy of rates to pay the principal and
interest on debentures of the Re~ionsl Municipality of Niagara in the
principal amount of $436~322.65 issued for the purposes of the
Corporation of the City of Niagara Falls. (Stanley Avenue Trunk
Storm Sewer Project)
.No, 77-40 - A By-law to provide for the levy of rates to pay the principal and
interest ou debentures of the Regions1 Municipality of Niagara in the
principal amount of 8100~000 issued for the purposes o~ the Corporation
of the City of Niagara'Falls, (Sy!via place. Market)
~o, 77-41 - A By-law to provide for the levy of rates to pay the principal sad
interest on debentures of the Regional NunicipalitY of Niagara in the
principal amount of $160~000,00 issued for the purposes of the
Corporation of the City of Niagara Falls, (South End Arena)
No, 77-42 - A By-law to provide for the levy of rates to pay the princi. pal and
Corporation of ~he City oE N~gere Falls. (public Library Victoria
.%
- 4 -
No. 77-43 - A By-law to provide monies for general purposes.
Carried Unanl us
me
ORDERED on the motion of Alderman Fera, seconded by Alderman Sobel, that the
following by-laws be now read a second and third time:
No. 77-39 - A Byelaw to provide for the levy of rates to pay the principal an
. ·
interest on debentures of the Regional Municipality of Niagara
the principal amount of $436,322.65 issued for the purposes of th
Trunk
Corporation of the City of Niagara Falls. (Stanley Avenue
Storm Sewer Project)
No. 77°40 - A By-law to provide for the levy of rates to pay the principal anl
interest on debentures of the Regional Municipality of Niagara in=o~
principal amount of $100,000 issued for the purposes of the Carp
of the City of Niagara Falls. (Syt~ia place Market)
No. 77-41 - A By-law to provide for the levy of rates to pay the principal
interest on debentures of the Regional Municipality of Niagara
principal amount of $160,000.00 issued for the purposes of the
Corporation of the City of Niagara. Palls. (South End Arena)
No..77-42 - A By-law to provide for the levy of rates to pay the principal
interest on debentures of the Regional Municipality of Niagara in
the principal amount of $245,000.00.tssued for the purposes of the
Corporation of the City of Niagara Falls. (Public Library, Victor
Avenue)
ani
and
No. 77-43 - A By-law to provide monies for general purposes.
Carried Unanimous]
NEW BUSI~SS
INVITATIONS TO COUNCIL
His Worship, Mayor Bukator advised members of Council of invitations
received from the Niagara Peninsula Conservation Authority to attend the
'special press and Coundil day in conjunction with Maple Syrup Days at the
Sugar Bush enoFebruary 28, 1977, and from the Paterson C~nmunity Workshop
Association to attend an Open House on February 26 and 27 at the Chippaws
Town Mall. It was moved by Alderman Thomson, seconded by Alderman Mann,
that as many members of Council as possible attend the functions.
PARKING OF CARS - DORCHESTER ROAD
Alderman Thomson advised of a problem being experienced by a re8ident
on Deruhester Road concerning the parking of vehicles on the adjacent property.
There have been as many as t~elve cars on the property at one time, and
inspeetioqs-were!'carried~Out byo~he Building & Development Department to
determine if the parked ears were in violation of Zoning By-law 2530, 1960.
The provisionssOl the By-law relating to parking have not been violated,
and no action csn be taken through the zoning by-law. Under the Property
Standards By-law, reference is made to vehicles wrecked, discarded, dismantled
partly dismantled, inoperative or abandoned, however it has not been determined
if ell of the vehicles are in working condition. The Alderman ~urther'
advised that the people making the complaint had attempted to sell their
house, but prospective purchasers lost interest when the adjacent property
with the parked cars was seen. Alderman Thomson elated that an appropriate
by-law should be prepared which would deal with situations'of this nature.
It was moved by Alderman Thomson, seconded by Alderman Mann, that the
matter be referred to staff in order to reach a solution'to the p~oblem.
The motion Cart.led unanimously.
RAILROAD PROPERTY - ROBINSON STRKET .~1 CLIFfON HILL AREA
Alderman Thomson referred to the railroad property tunainS between the
Skylon and the Centre area of the City, which has become an eyesore due to
." rubbish~ weeds and in the past~ e considerable rodent problem. The Alderman
suggested that the Beautifieslion Committee and the City Parks Department
should investigate the matter, and devise en overall plan for improvement of
,the ares, Alderman Hooney advised that ~. George Seibel had hired s nnmher
of students under sL..I.P, grant several years ago to clean up the area, and
it was suggested that the City could also investigate the possibility of a
L.I.P. grant for this purpose.
plAN FOR pEACETIME DISASTERS
Alderman Chessman referred to the plan ~or peacetime Disasters that was
tabled by Council several weeks ago to 9ermit further study by members of Council.
The Alderman suggested that a discussion be held on this plan regarding any
recommendations or updating that could be made following the recent storm.
His WorshiP, Mayor Bukator felt that this matter could be discussed at the
informal-meeting of Council to be held on February 28th in conjunction with
the planning of goals and objectives of the next two years. Alderman
Chessman requested that staff make information available for this meeting
on procedures to be followed in preparation of facing a similar storm in the
future, the cost of winter control for this season and where the necessary
funds would be found, and the possibility of determining from the provincial
and Federal Governments a cldar definition of the term ,,disaster area" as it
relates to assistance during such emergencies.
SCHOOL FIRE ALARM SYSTEMS
Alderman Sobol advised that she had received a letter from the Minister
of Education concerning the connection of school {ire alarm systems to a Fire
Department alarm system- The Minister had advised that a special task force
is presently studying the subject of fire insurance for school buildings, and
it is anticipated that the report will include recommendations respecting
fire alarm systems and other protection methods.
Alderman Moohey, seconded by Alderman Crows,, that the
It was moved by .~aa~a
meeting adjourn.
NINTH NEETING
Committee Room ~1
COMMITTEE OF THE WHOLE February 28, 1977
Council met in Committee of the Whole on Monday, February 28, 1977, prior
to a regular meeting. All members of Council were present. Hisi.Worship,
Mayor Bukator presided as Chairman.
Following consideration of ;eros presented, the Committee of the Whole
arose without reporting.
READ AND ADOPTED,
..... QoA
'ING
Council Chambers
February 28, 1977
Council met on Monday, F~bruary 28, 1977 at 7:30 p.m, for the purpose of
considering general business. All members of Council were present. His
Worship, Mayor Bukator presided as Chairman. Alderman Cheesman offered the
Opening Frayer.
ADOPTION OF MINUTSS
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr,
that the minutes of the meeting held on February 21, 1977, be adopted as
printed.
pRESENTATION OF ACNIEVEI~ENT AWARD
His Worship, Mayor Bukstor presented an Achievement Award to Mr. Terry
Rigg who won the Ontario Track and Field Association Junior Triple Jump at
the Junior meet held in Brantford during July of 1976.
UNFINISHED BUSINESS
RELOCATION ALLOWANCE POLICY
Report No. 92 - City Manager - The report recommends adoption of a policy
respecting relocation allowances on the hiring of employees coming within
the Jurisdiction of the City Manager's hiring powers. The policy will apply
to persons moving from outside the Regional Municipality of Niagara, at
the rate of 50% of the cost of moving household effects and will be limited
to a maximum amount of $800.00. T~ employee will execute a written document
to the effect that employment with the City will continue for two years.
In the event of termination prior to the expiry of two years, the City
will recover the expenditure on a pro-rated basis.
It was moved by Alderman Mann, that the policy be amended to provide
for reimbursement of relocation expenses in the amount o~ 50%, to a maximum
of $500.00. The motion was not seconded.
It was then moved by Alderman Thomson, seconded by Alderman Crows, that
the report, and policy as submitted, be adopted. The motion ~arried with the
following vote:
AYE:- Aldermen Chessman, Crows, Jaluvha, MacBain, Moonay, gobol, Stewart
and Thomson. i' ,
CITY OF NIAGARA FALLS FLOAT FOR 197Z
Report No. 93 - City Manager - The report recon~nends the following: 1) That
the 1975 float not be used again. This would mean that no float should be used
in 1977 if a new float is not constructed; 2) That a new float be constructed
~or 1977 and the 1976 finat be used in 1978. The estimated cost for tills
procedure would be $15,000 plus $6,000 equalling $21,000. It is recommended
_ ~ _
that the $21,000 be spread over the 1977 budget and the 1978 budget, with
$10,500 being allocated to each budget; 3) That the 1977 schedule for the
City float as recommended in the February 14th report, be approved by Council~
During the discussion on this report, the Director of Municipal Works
provided information on previous floats in response to questions raised by
Aldermen Jaluvka and Chessman.
Alderman ~ann felt the City was not justified in spending taxpayers'
money to promote thself in areas such as Crystal Beach, Niagara-on-the-Lake
and Niagara Falls, New York. The Alderman asked if any approach had been
made to local tourist associations for assistance in firmncing the float.
The Director of Municipal Works advised that these groups had not been
contacted.
It was moved by Alderman Mann, seconded by Alderman Sobol, that the
report be tabled until local tourist organizations could be contacted to
determine if they would assist in financing of the City float..The motion
was .D.efeated with the following vote:
AYE: Aldermen Fare, Jaluvka, Mann, Sobol and Stewart.
NAYE: Aldermen Cheesman, Crows, MacBale, Mooney, Orr, Schisler and Thomson.
It was then moved by Alderman MacBain, seconded by Alderman Crows, that
the report be received and adopted. The motion Carried with the following
vote:
AYE: Aldermen Chessman, Crows, MacBain, Moonay, Orr, Thomson and Mayor Bukat01
NAYE: Aldermen Fern, Jaluvka, Mann, Schisler, Sobol and Stewart.
COMMUNICATIONS
No. 33 - Oneida Canada Limited - Re: Request for Exemption, Retail Business
Holidays Act. The communication requests the assistance of the City in obtaini
an exemption under the Retail Business Holidays Act in order to allow Oneida
Canada Limited to remain open on Sundays and Holidays. Due to the abolition
of import quotas, stainless steel imports have captured an estimated 75-80%
of the total market. Oneida Canada Ltd. proposes to operate a factory
outlet offering end of the line discontinued patterns, factory impeffects
in flatwareand holloware.
ORDERED on the motion of Alderman Crows, seconded by Alderman Thomson, that
a request for the passage of an appropriate by-law be forwarded to the Region.
No. 34 - Liquor Licence Board of Ontario - Re: Applications for Liquor Licerice.
The communication advises of applications received from the Columbus Club of
Niagara Falls and the Marco Polo Restaurant for liquor liceaces.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Mann, that
the communication be received and filed.
REPORTS
No. 94 - Planning &Development Ccaumittee - Re: AM-37/76, F. & L. Cads, 5345
Slater Avenue (Hi-Way Motel). The eemmittee recommends that Council certify
by resolution that the application wi11~conform to Official Plan Amendment
No. 28 of the Niagara Falls Planning.Area once a further amendment has been
approved by the Minister of Housing, and further that,the application be
approved subject to development control.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman,
that the recommendations of the Planning & Development Committee be adopted.
NOTE: Alderman MacBain abstained fromvoting on this
· gee By-lsw No. 77-44~
No. 95 - Plsnnin~ &Development Cowmittee - Re: Official. Plan Amendment No. 88,
Ey% . lttes rat__ands that Co.ncil adopt
ORDERED on the motion of Alde~msn Thomson, seconded by Alderman Fern, that the
recommendation of the Planning &Development Committee be adopted.
Aldermsn BscBain abstained from voting ~n this
matter.
,See By-~law.No. 77-42
No. 96 - planning & Development Committee - Re: AM-4/77, M.T.C. Surplus
Lands, Q.E.W, and Lundy's Lane. The Committee recommends approval of the
rezoning subject to Development Control, 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.
Alderman Thomson advised that a special committee had been working
with Niagara College on the possible location of a local campus on a portion
of the lands to be zoned, and the establishment of tourist commercial and
some residential zoning could prove to he a problem to the College.
Alderman Fera and the Planning Director advised that this matter had not
been considered in establishing zoning on these lands.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Sobol, that
the report be referred back to the Planning & Development Conmittee for
further consideration of the zoning as it relates to the Niagara College
proposal.
No.~97 -Recreation Commission - Re: Appointments to Niagara South Recreation
Board. The Commission recommends that Mr. A. Scordino and Mr. D. Hudson be
appointed to sit on the Niagara South Recreation Board for two year terms.
ORDERED on the motion of Alderman err, seconded by Alderman Fera, that the
recommendation of the Recreation Commission be adopted, and the appointments
confirmed.
No. 98 - City Manager - Re: Site Plan Approval, proposed Free Standing Triple
Cinema, Niagara Square. The report recommends. approval of the proposed site
plan as submitted.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Thomson, ~
that the report be received and adopted.
No. 99 - Market Liaison Committee - Re: Sylvia Plaee Market Phase II. The
Committee recommends that an additional canopy building be erected and that
Council refer the matter to the 1977 Operating Budget. It is also requested
that Council give approval in principle at this time so that preparation can
be made for an early tender immediately upon approval of the 1977 Budget.
ORDERED on the motion of Alderman Thomson, seconded by Alderman err, that
the recommendations of the Market Liaison Committee be adopted.
No. 100 - City Manager - Re: Seminar on Modern Concepts for Urban Drainage,
Sponsored by Ministry of Environment. The report recommends that two members
of the Engineering Department be permitted to attend the seminar.
The Director of Municipa 1 Works provided additional information in
response to a question raised by Alderman Sehisler.
ORDERED on the motion of Alderman Orr, seconded by Alderman Schisler, that
the report be received and adopted.
No. 101 - City Manager o Re: Sale to Region of Lands Required for the Niagara
Falls pollution Control Plant Expansion. The report recommends passage of a
by-law authorizing the sale of land and an agreement with the Region for the
expansion of the Niagara Falls Pollution Control Plant.
ORDERED on the motion of Alderman ~owe, seconded by Alderman Sobol, that the
~ report be received and adopted ....
· , ,~ - ' See By-law No. 77-4
No. 102 - City Manager - Re: proposed West Meadows Extension Subdivision. The
report recouphands prelminary approval of the proposed plan subject to twelve
conditions. It is also recommended that Council certify by resolution that the
application conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning
Area .88 amended and approved by the Minister of Housing.
ORDERED on the motion of Aiderman Thomson~ seconded by Alderman Fern, that
the report be received and adopted.
See Resolut.ipn No. 15.
~OTE: Ald. Crows abstained on a conflict of interest. -
No. 103 - City Manager - Re: Changes to the Niagara Escarpment Development
Control Ares. The report advises that amendments,.which were-opposed by the
City:,of Niagara Falls, to the Development. Control Area were made to include
eli lands east of the Q.E.W., north of Mountain Road~ west of Stanley
Avenue end north of the City limits.
i
-4-
Aldermen Fera and ~ho~son ~evi~wed the past history of the Calaguiro
Subdivision, which is directly affected by the amendments to the Escarpment
Commission Development Control Area. Reference was also made to the fact
that the FAnlarry of Housing included the Calaguiro lands in the Urban Area
Boundaries to permit development, while the Escarpment Commission has
extended the Development Control Area which will require Escarpment Commissio
approval for any development of the Calaguiro lands.
Mr. J. Broderick, solicitor for the developers of this subdivision, was
the history of the Calaguiro~s attempts to develop their land. Mr. Broderick .4
advised that he and his clients intend to proceed with the Minister of Mousing
who has included these lands within the Urban Area Boundaries, and urge him t<
approve the Official Plan Amendment required to c~ence processing of the
subdivision. Mr. Broderick asked Council to re-affirm the opposition to the
amended developwent control boundaries, and requested the continued support
of Council for the proposal.
The Planning Director advised that the chairman of the Escarpment
Counnission had stated that the Commission would withdraw development control
on lands within the urban area boundaries. It was further advised that the
Minister of Housing could approve a subdivision within the Escarpment Commissi
development control area.
Following further discussion, it was moved by Aldermen Thomson, seconded
by Alderman Fern, that Council re-affirm the original decision with respect to
the re-alignment of the Escarpment Commission Development Control Boundaries,
and further that inconsistencies relative to the Development Control Boundaries
and Urban Ares Boundaries be brought to the attention of the appropriate
Ministries. The motion Carried utmnimously.
No. 104 - City Clerk - Re: AM-33/75, Restricted Area By-law 76-200, William
Melodyhis. The report advises that the Ontsrio Municipal Board has appointed
Thursday, April 21, 1977, at 11:00 a.m. in the City H~11 Council Chambers
for the hearing of all parties interested in supporting or opposing the
subject application.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that
the report be received and filed,
No. 105 - City Manager - Re: Municipal Accounts. The report recommends
payment of the municipal accounts.
ORDERED on the motion of Alderman Fern, seconded by Alderman Chessman, that
the report be received and adopted.
RESOLUTIONS
No. 14 - THeNSON - tREESMAN - RESOLVED that the Council of the Corporation
of the City of Ntaaara Falls hereby certifies that the application of F. & L.
Cads for the rezoning of property located at 5345 Slater Avenue, will conform
to Official PlanAmendment No. 28 of the Niagara Falls Planning Area after
e further amendment has been approved by the Minister of MendingI AND the
Seal of the Corporation be hereto affixed.
_,..Carried with Alderm
,
/ '.' : -" ".conflict Of
· J' '~" "" ~' and. sll"o. ehers vatln
· ia layout.
No, 15 - THO~6ON - FERA - RESOLVED that the Council of the Corporation of the
City of Niagara ~ells hereby certifies that the application of N.P.H.B. Land
Developments Limited for the development of approximately 13.53 acres of
property located east of Kalar Road and to the south of Thorold Stone Road,
~Conforms to ofeiciel Plan Amendment No. 28 of the NiaRara Falls Planning Area
as amended and epproved by the Minister of HotminE; AND the Seal of'the
Corporal,ion be-hereto affixed,
· Carried with Aldern~a
Crows abstaining on~
conflict of interest
and ell others vetin
in fayour.
By-LAWS
'ORDERED on the motion of Aldermen Schisler, seconded by Alderman Mann, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
No. 77-44 - A By-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Falls planning Area. (AM-37/76, F- & L. Cads)
No. 77-45 - A By-law to amend By-law No. 2530, 1960 of the former Township of
Stamford, now in the City of ~iagara Falls~ as amended. (AM-37/76~
F. & L. Cads)
No. 77-46 - DELETED
No. 77-47 - A By-law to authorize an agreement with the Regional Municipality
of Niagara respecting the sale and conveyance of land.
No. 77-48 - A By-law to provide monies for general purposes.
Carried with Alderman
MacBain abstaining on
a conflict of interest
on By-laws?77-44 and
77-45, and all others
voting in favour. ~
ORDERED on the motion of Alderman Fera, seconded by Alderman Cheesman, that
the following byelaws be now read a second and third time:
No. 77-44 - A By-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Falls planning Area. (AM-37/76, F. & L. Cade)
No. 77-45 ' 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. (AM-37/76,
F. & L. Cads)
No. 77-46 - DELETED
No. 77-47 - A By-lnw to authorize an agreement with the Regional Municipality
of Niagara respecting the sale and conveyance of land.
-No. 77-48 ' A By-law Co provide monies for general purposes.
Carried with Aldermen
f MacBain abstaining on
a conflict of interest
on By-laws 77-44 and
77-45, and all others
voting in favour.
NEW BUSINESS
.- WALKWAY - ARES COURT, CORRY CRESCENT. RAPElIE STREET AREA
......... Alderman Fern advised that he had received a complaint from a Mrs. Miles
Of,8405 Ares Court concerning a walkway extending irom Ares Court through to
Rapelie and terry. Apparently snowmobiles, mini-bikes and small cars are
using the walkway, which could be n threat to small children using the walkway.
Alderman Moonay advised that the walkway was too narrow to permit a car through,
but snowmobiles and mini-bikes could gain access. Alderman Moohey further
advised that he had watched this walkway, and adjacent property owners had
not complained recently about th~a problem. Alderman Fern advised that this
comp~aint had been received Just recently, and requested stale to investigate
the matter and reach a solution to the problem.
IMPORT QUOTA8 - DONESTIC FIAT~AP, E INDUSTRY
It was moved by Aldern~n Thomson, seconded by Alderman Fers, that a
resolution be prepared requesting the Federal Government to reinstate import
quotas on the domestic flatwaYs industry. The motion C~rtied. with Alderman
Crows voting contrary, and all others in layout.
-6-
C.N. EXPRESS
Alderman Thomson advised that he had recently been informed that the
C.N. Express operation will be moving from the Niagara Falls area in early
spring or late fall to the Hamilton area. The Alderman advised that many
local businesses rely heavily on this service, and the relocation of the
C.N. Express operation to Hamilton will affect the level of service local
businesses offer to their customers. It was moved by Alderman Thomson,
seconded by Alderman Mann, that Mr. Roger Young, the Business & Industrial
Growth Agency and City staff attempt to convince C.N. to retain this
operation in the City of Niagara Falls. The motion Carried unanimously.
MODEL TRAFFIC CONTROL BY-LAW
Alderman Crows referred to a model traffic control by-law prepared by
the Province a number of years ago, that would consolidate all traffic and
parking regulations into one by-law. The City presently has traffic by-laws
in existence, but over the years, numerous amendments have been made. The
Alderman requested that a report be prepared on this model by-law, and whether
it could be implemented in the City of Niagara Falls. The Director of
Municipal Works advised that the Region is currently preparing a model by-law,
and once it is passed by Regional Council, the City would pass a by-law modelM
after the Region~s by-law. It was moved by Alderman Crows, seconded by
Alderman Thomson, that a report be prepared on the status of the model traffic
control by-law. The motion Carried unanimously.
PARKING LOT LIGHT - 2631 DORCHESTER ROAD
.,
Alderman Thomson referred to the complaint of Mrs. Susan Booth concerning
the parking lot light at 2631 Dorchester Road, and the letter received from i
Dr. Wetherup indicating that the complaint was unfounded. The Aldernmn felt
that while Dr. Wetherup felt there was no basis for the complaint, this did ,~
not solve the problem. The draft zoning by-law contains,,a section dealing
with such a problem, and the Alderman suggested that this section of the ~ ]
by-law could be enac2ed to provide the authority required to deal with such
problems.
NEW APPRQACHES TO ASSISTED HOUSING
Alderman Sobol rode reference to a copy of a brief submitted by the
Minister of Housing to the Provincial/Hunicipal Liaison Connittee regarding
the provision of assisted rental housing for both families and senior
citizens. The Alderman asked what action the City will be taking in. the
future to implement such programs. His Worship, Mayor Bukstor indicated
that the Planning Director is presently preparing information on this
matter, and it will be discussed by the Nayores Ccnnittee on Housing.
.. It yes moved by Alderman Chessman, seconded by Alderman Schisler, that
the meeting adjourn.
READ AND ADOPTED,
MkYOR
TENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room ~1
March 7, 1977
Council met in Committee of the Whole on Monday, March 7, 1977, prior to
a regular meeting of Council. All members were present with the exception of
Aldermen Fern, Mann and Mooney. Alderman Schisler pros ided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
KEAD AND ADOPTED,
MAYOR
Council Chambers
March 7, 1977
Council met on Monday, March 7, 1977 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the !-~
exception of Aldermen Fern, Mann and Moohey. His Worship, Mayor Bukator_
presided as Chairman. Alderman Jaluvka offered the Opening 'Prayer--
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman,
that the minutes of the meeting held on February 28, 1977, be adopted as
printed. .
DEPUTATION
GREATER NIAGARA TRANSIT C01~4ISSION - STATEMENT OF AFFAIRS
Connn. No. 35 - Greater Niagara Transit Commission - The con~unication provides
information on the operation of the Commission and financial statement for the
year ending December 31, 1976. The Con~nission recommends a 5¢ increase in the
'~hree levels of fares effective Aprt~ 1, 1977.
Mr. C. Mowers, Chairman of the Commission, was granted permission to
address Council on the motion of Alderman Thomson, seconded by Alderman
Chessman. bit. Mowers briefly summarized the financial statement as presented,
and provided information on the reckended fare increase. In response to
several questions raised by Alderman Thomson, Mr. Mowers provided additional
information on the new M.T.C, transit subsidy formula, and the new transit
.maintenance and garage facility,
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that
the statement of affairs be received and .filed, and the recommended fare
increase be approved.
TRANSPORTATION FOR THE pHYSICALLY HANDICAPPED
C(m~. No. 36 - Creater Niagara Transit Connnission - The connnunication advises
of a Joint proposal of the Transit Commission, Social planning Council and
St. John Ambulance to operate a special vehicle for the transportation of
the physically handicapped. The vehicle and equipment will cost approximately
$17,000 and would be purchased by the Transit.Cowmission. The estimated
cost to operate the vehicle for a full year would be approximately $25,000.
The program, at present, is not subsidized by the M.T.C., however it is
anticipated that subsidies will become available in'several years, passengers
willdcarry identification cards and need would' have to be proven. Fares
would be the same as adult fares in the City. The Transit Co~mission is
requesting that the City provide full operating funds until such time as
subsidies become available.
M~, Mowers provided additional informtion on the operation of the
service in response to a number of questions raised by Alderman Cheesman,
ORDERED on the motion of Alderman Crows, seconded by Alderman Chessman,
that the proposal as set out by the Transit Commission, be approved.
-2-
UNFINISHED BUSINESS
ADDITIONAL EXPENDITURES FOR ACQUISITION OF LAND AND CONSTRUCTION OF A BUS
MAINTENANCE AND STORAGE FACILITY
Report No. 106 - City Manager - The report recommends passage of a by-law to
authorize additional expenditures for the acquisition of land and the construc~
of a bus maintenance and storage facility by the Greater Niagara Transit
the report be received and adopted,
See By-law No. 77-1
OFFICIAL PLAN AMEND~NT NO. 79 - CALAGUIRO PROP(BED DRAFT PLAN
Report No. 107 - City Manager - The report advises of a letter received from
the Official Plans Branch of the Ministry of Housing wherein certain concerns
are raised regarding the proposed C~laguiro subdivision. Among %he points
raised by the Ministry are: 1) Incompatibility with the Escarpment Commission's ~
objective of maintaining the open landscape character of the escarpment; 2)
Possible conflict between a residential land use and the adjacent sand pit; end
3) Disturbance to future residents from the operations of the adjacent C.N.R.
mainline. !lThe report advises that the Minister of Housing has the prerogative
to approve the Official Plan Amendment and the Draft Plan of Subdivision if
he so desires regardless of the objections of the Escarpment Connission. The
noise disturbance factors could be covered by a condition in the Draft Plan
approval to the effect that a Consultant 's noise impact study first be
obtained by the developer prior to a final'decision on the detailed lot
layout of the subdivision..'
Mr. J. Broderick, solicitor for the developers, was granted permission
to address Council on the motion of Alderman Thomson, seconded by Alderman
Jaluvka. Mr. Broderick advised that when original submission for the proposal
was made, the Niagara Peninsula Conservation Authority had co.~ented that
the proposal was an acceptable type of land use for the area, and the location
and topography of the land would lend itself to large estate type lots. With
regard to connnents of the Escarpment Co~sulssion, it was advised that the
lands in question were not actually part of the Escarpment, but had been
artifically elevated when the Hydro Canal and C.N. line were constructed.
The adjacent sand pit has not been worked 'in three years and the 'rarity of
the aggregate is such that it is~ dot in demand, and there is not much p
°ssibilit
the pit will be re-worked. If however the operation 'resumes, adequate '
buffering could be carried out to protect the residential development, and
in any event, provisions of the Pits and Quarries Act would be complied with.
With respect to the noise problem, Mr. Broderick advised that the developers
were prepared to undertake a noise study to determine means of reducing noise.
It was also pointed out that the lands closest to the rail line would be
used for park purposes. Mr. Broderick requested that Council refer the
comments outlined in the City Managerts report to the Ministry of Housing.
ORDERED on the motion of Alderman Thenson, seconded by Alderman Crows, that
Council re-affirm the previous reco~nendation of the Draft Plan, and that
the Ministry of Housing be notified acc0rdingly'
COI'fi~fllNICATIONS
No. 37 - Ministry of Natural Resources - Re: Planning for Flood Emergencies.
The Ministry advises that the time of year is approaching when flooding
problem are most likely tO 'oCcUr, and 'urges municipalities to review 'and update
flood contingency plans, end for municipalities which have not completed such
plans. to place high priority on 'their cenpletion.' ·
i In response to a question raised by Alderman Thomson, .the Director of
Municipal Works advised that the City is involved in a central connittee of
the Region, and plans for possible flooding areas are being reviewed.
CRIbRED on the motion of Alderman Thanson, seconded by Alderman 8obol, that
the c~unicati0n be received ~nd filed, and that further reports be made
available when completed.
POan
No. 108 - Recreation Commission - Re: Annual Report. The report provides
information on the operation of the Recreation Commission for the year 1976.
~ · ORDEI~D on the motion of Alderman Schislers seconded by Aldermen Thomson,
~m~ms = ] ': :that the report be received and filed,.
. .:
i ,.~.. ......
- 3 -
No. 109 - City Manager - Re: 1977 Water Supply System proposed Operating
Budget. The report provides information on the proposed 1977 operating
budget for the Water Supply System. It is recommended that the 1977 Water
Supply System budget be approved.
Alderman Orr asked if an amount of $45,000 included in the water budget
for water freeze-ups would be recoverable from funds available from the Province
for storm relief. The Director of Municipal Works advised that the $45,000
was for freeze up of water laterals, and as far as could be determined, such
items were not covered by the province. The funds from the Province are for
snow removal and control operations. In response to a further question of
Aldermen 0rr, the Director of Municipal Works advised that new main construc-
tion would be carried out under the operating budget in an effort to reduce
capital expenditures.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman,
that the re~ort and 1977 WareF Supply System Operating Budget be adopted.
., ~o. 1~0 -:Ck~'Ma~ag~r''i' Re~ City Water Rates. '~he report reConun~nds approval
of water rate increases for 1977 and 1978 to take effect commencing with the
first billing period following June 1, 1977 and 1978.
During consideration of the new water rates, Alderman Sobol suggested
the possibility of including leaflets or flyers with the water bills that
would encourage residents to conserve 'the amount of water used as a means
of maintaining reasonable water rates.
ORDERED on the motion of Alderman Crows, seconded by Alderman Macgain, that
the report and Water rate increases as outlined, be adopted.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Jaluvks, tha~-
leaflets be included with water bills encouraging residents to conserve
water usage.
'No. 111 - City Manager - Re: Furchas ing Authorities. The report recommends
that the purchasing authority of the City Manager be increased to $5,000 for
any single purchase, and that specific department heads be granted the
authority to requisition supplies, equipment and services not to exceed $750
for any single purchase.
Alderman Schis let questioned a condition in the report stating that
purchases over $5,000 require a. call for quotations. The Alderman was
concerned that quotations might not be called for purchases under the $5,000
amount. The City Manager advised that this had not been the intent of the
report, and that quotations would definitely be called for purchases under
$5,000. · -
ORDERED on the motion of Alderman MacBain, seconded by Alderman Stewart, that
the report be received and adopted.
~o. 112 - City Manager - Re: Deposit Service. The report recommends passage
of a by-law authorizing the City to enter into an agreement with Brink's
Canada Ltd. for delivery of the City's daily receipts to the bank and for
the safe keeping of monies overnight.and on weekends.
The City Treasurer provided information in response to a question raised
/by Alderman Crows.
ORDERED on the motion of Alderman 0rr, seconded by Alderman Crows, that the
report be received and adopted. See By-law No. 77-50
No. 113 - City Manager - Re: Ontario Municipal Fire prevention Officers
Association.. The report reconmaends the attendance of the Director of Fire
prevention at the annual conference of the association to be held in Brockvilla
fromApril 13 - 15, 1977.
ORDERED on .the motion of Alderman Chessman, seconded by Alderman Sobol, that
~he Keport ~e received and adopted.
No. 114 - City Manager - Re: Mationsl Planning Conference. The report
recommends the attendance of the Planning Director at the American Society
of planning OfficielsNstiona~ planning Conference in San Diego, California
on April 23 - 28, 1977.
Alderman Thenson felt that the Planning Directorss attendance at this
conference was contrary to an unwritten policy of. Council that persons would
only be authorized to attend conferences within Canada. The City Manager
.advised that he was not aware of this policy, and referred to the International
- 4 -
City Management Association which holds the-majgrity~of its:annual:conferences
in the United States, whish he has artended annually s~nce he connenced his
employment as City Manager with the City. Aldermen Schisler and Thomson
pointed out that the City Manager was involved in the Association before
his appointment as City Manager, and his attendance at these conferences was
approved under those circumstances at the time of his appointment.
Alderman Crowe stated that he was not in fayour of such expenditures,
particularly in the United States in view of recently imposed regulations
of the American Government on out-of-town conferences which have caused
!financial hardship in msny of Cansdais major cities.
Following further discussion, it was moved by Alderman Schisler,
seconded by Alderman Thomson, that the Planning Director not be authorized
to attend this conference, and the report be received and filed. The
motion 9arried with Alderman err voting contrary, and all others in fayour.
No. 115 - CityManager - Re: Removal of Covenant, 6019 Buchanan Avenue. The
report recommends removal of a covenant which restricts the use of the property
to residential.
Alderman Crowe questioned the removal of the covenant, when Council has
no indication of how the Provisions of the draft zoning by-law will affect
property in this area. The City Clerk advised that when the property was
originally purchased, the adjacent lands were zoned residential. Since that
time, the land usage has changed to tourist.cormB~rcial, end removal of the
covenant will be in keeping with the zoning of the adjoining lands. The
City Solicitor further advised that he and the Planning Director were working
on the draft zoning by-law, and while no precise date could be given, it was
hoped the by-law would be before Council prior to the end of the year.
ORDERED on the motion of Alderman MscBsin, seconded by Alderman Thomson,
that the report be received and adopted.
No. 116 - City Manager - Re: Amendments to Dog Control By-lsw. The report
advises of a number of suggested revisions to the existing dog control by-law
which have been agreed upon by both City staff and Humane Society officials.
If hhe amendments are acceptable to Council, the matter can be referred to
legal staff for the Preparation of an appropriate smendin~ by-law.
Alderman Thomson advised that in reviewing slaniler by-laws for a
neighbouring municipality, he had found a number of items that might be of
benefit to the City.' One item involved a discount on a litante when the
owner has indicated the shims1 has had a rabies vaccination. This would
assist the Health Unit by eliminating extra work in investigating rabies
complaints. The second item involved a discount to pet owners who pay their
lieante fees earlier than the due date. In one municipality, this provision
resulted in over two thirds of the litantes being paid prior to the due date.
Alderman Stewart advised that the discount for animals with a rabies
vaccination appeared to be acceptable, however a discount for early payment
of litante fees wss not acceptable. The Alderman further advised that the
'Humane Society was using a system of mailing notice cards thatbhasabien.adl~
audoesefu&sin ob{s~'fling: Pa)l~et~v~&reai~ent~efeess
of "footwork. required under the old system. and had reduced the amount
ORDERED on the motion of Alderman. Sobol~ seconded by Aldermn err, that the
report be received and adopted.
No. 117 - City Manager - Re: Contract R.C. 2/77, Robinson Street Reconstruction
from Stanley to Clerk. The report recommends that the unit prices submitted
by Damore Bros. Limited for Contract R.C. 2/77 be accepted.
ORDERED on the motion of Alderman theeswan, seconded.by Alderman 8chisler,
that the report .be received and adopted.
,; .
See Resolution No.
See By-law No. 77-51
No. 118 - City Clerk - Re: Objection to Zoning Amendment By-law 77~24, (AM-25/76),t
~WedSewood Builders of Nisgere Ltd. The report advises that one letter of
',~Jection has been received. as · result of circulation of the rezoning by-law.
" The City Clerk advised that in view of the fact only one objection had
~been received, he wouldattempt ton met with the objector in an effort to
'~eaolve the objection. .
"*;"/~tD~ItED on the motionOf Alderman Thomson, seconded by Alderman Cheeenmn,
..that the City Clerk attempt to resolve the objection, and further If the
~(~nJectten i~ not resolved, :that Council re.aff/rmapproval:Of the applications
refer C · obJeet!,n .to Cha O~terio Municipal Bo~rd
-5 -
No. 119 - City Clerk - Re: Objectionto Zoning Amendment By-law 77-28,
.(AM-33/76 ) J. Klein Construction Ltd. The report advises that one letter
of objection has been received as a result of circulation of the rezoning
by-law.
The City Clerk again advised that in view of the fact only one objection
had been received, he would attempt to meet with the objector in an effort to
resolve the objection.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman,
that the City Clerk attempt to resolve the objection, and further if the
objection is not resolved, that Council re-affirm approval of the application
and refer the objection to the Ontario Municipal Board.
No. 120 - City Manager - Re: Building Permits. The report provides a breakdown
of permits issued by the Building & Development Department for the month
of February 1977.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Crowe, that
the repor~ be received and filed.
No. 121 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman Schisler, seconded by Alderman gobol, that
the report be received and adopted.
RESOLUTIONS
No. 16 - CHEESFAN - SCHISLER - RESOLVED that the unit prices submitted by
Damore Bros. Limited for the reconstruction of Robinson Street between Staniey
and Clark, be accepted at the tendered price of $87,241.67; AND the Seal
of the Corporation be hereto affixed.
Carried Unanimously
No. 17 - THOF~ON - STEWART - RESOLVED that whereas in 1968 the Government of
Canada abolished quotas on the import of cutlery, and
WHEREAS this decision has resulted in a dramatic decline Of employment in
the domestic flatware industry in Canada, the imports having captured an
estimated 75% to 80% of the total domestic market;
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City
of Niagara Falls requests the Federal Government to establish quantitative
limits on the amount of cutlery~ and in particular stainless steel flatware,
that can b~ imported into Canada each year; AND the Seal of the Corporation
be hereto affixed. The resolution Carried with the following vote:
AYE: Aldermen MacBain, err, Schisler, Sobol, Stewart and Thomson.
NAYE: Aidemen Chessman, Crows and Jaluvha.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first thne:
No. 77-~9 - A By-law to authorize additional expenditures for the acquisition
of land and the construction of a bus maintenance and storage facility
by the Greater Niagara Trams.it Commission.
No. 77-50 - A By-law to authorize the execution of an agreement with Brink's
Canada Limited to provide armored car service 'for the City.
No. 77-51 - A By-law to authorize the execution of an agreement with Demote Bros.
Limited for the reconstruction of Robinson Street. (R.C. 2/77)
No. 77-52 - A By-law to provide monies fOr general purposes.
Carried Unsn,i~o~l~
CRIBRED on the motion of Alderman Schisler, seconded by Alderman 8obols thee
the following by-laws be,mow read a second and third time:
"' No. 77-49 -A By-law to authorize additional expenditures for the acquisition
of lend end the construction of a bus maintenance and storage facility
by the Greater Niagara Transit Canmission.
No..77-50 - A By-law to authorize the execution of an agreement with Brink's
Canada Limited 'to provide 'armored car 'service for the .City.
-6-
No. 77-51 - A By-law to authorize the execution of an agreement with 'Demote
Bros. Limited for the reconstruction of Robinson Street. (R.C. 2/77]
No. 77-52 - A By-law to provide monies for general purposes.
Carried Unsnimousl~
NEW BUSINESS
REQUEST FOR MEMORIAL PLAQUE, ROYAL CANADIAN LEGION
His Worship, Mayor Bukator advised that he had received a request from
Branch 51 of the Royal Canadian Legion to remove a memorial plaque from the
Niagara Falls Arena and appropriately display it at the Branch 51 building
on Valley Way. The Mayor felt that granting of the request was appropriate,
and that the Legion would display the plaque in a manner deserving of a
memorial to persons who have served this Country. It was moved by Alderman
Crowe, seconded by Alderman Orr, that the request be approved. The motion
~arried unanimously.
SCHEDULING OF COUNCIL HEETINGS
Alderman Cheesman suggested that Council consider the possibility of
scheduling Council meetings on alternate Mondays, and if further meetings
were required, they could be called at the discretion of the Mayor. During
the discussion on this matter, it was pointed out that a number of members
of Council were absent, and any decision on the scheduling of. meetings
should be deferred un=il all members were present.
NUMBERING OF REPORTS
Alderman Cheesman suggested that reports being considered by Council
be assigned numbers prior to the meeting. Under the present system, reports
do not receive a number until the Council minutes are prepared. The City
Manager sdvised that he would review this matter.
HOUSING POLICY
Alderman Thomson referred to a policy considered by the Planning and
Development Committee last year, that iovolved the types of hous ing to be
permitted in subdivisions, multi-family housing specifically. A great deal
of discussion took place on this policy at the Committee level, however the
policy was never submitted to Council. The Planning Director advised that
this policy was not being used, and that policies presently in effect
through the Official Plan covering the mix of housing in subdivisions were
followed. The Planning Director further advised that, he would raise the
matter with the Committee, and the policy Could be reconsidered and then
submitted to Council.
APPROVAL OF SUBDIVISIONS
His Worship, Mayor Bukator indicated that throuSh his committee-involve.
ment at the Region, it Mdbeen'leavned ,that .0he bfmitaeion On the dumber of
lots to be developed fn ~he Ctty,~6uld be tnc.reased. The City Man&get advised
that this information was'beihg~invee~igated~ and, ~hst an approp~t~ report
would,be submitted to Council.
DRAFT ZONING BY-LAW
Alderman Crowe requested that a report be prepared for Council on the
status Of the draft zoning by-law· '
PAMKIN~ PROBLEM - SIXTH AVENUE AND BRIDGE STREET
Aldermen Sobol referred to e petition she had submitted to Council
.~ several weeks a8o concerning s parking Prohibition in the Sixth Avenue and
' * Bridge Street area. The Director of Municipal Works advised that the
procedure followed in such matters involved sn investigation of the problem,
end · survey of the ares residents to determine their reaction to e possible
perking prohibition. It was further advised that the status on this matter
.would be checked·
MUNICIPAL ORC, ANIZATION IN TI~ NIAGarA R~GION "
:.
W Alderman 8obol referred to the report prepared on mnicipel organization
: ,'.. in the Niagara Region by ,roEessor Church of Brock Univereit.y:.e.,o~les of which
.!
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were distributed to members of Council. The Alderman felt that Professor
Church had prepared a very comprehensive report, and that the contents of
same should be discussed by Council during an informal meeting.
REPORT ON MARKET VALUE ASSESSMENT FOR THE NIAGARA REGION
Aid.man Thomson referred to the report prepared by the Regional Niagara
Committee on Reassessment on market value assessment, copies of which were
distributed to members of Council. The Alderman felt that this matter was
of considerable importance, and the effects of market value assessment on
the City should be thoroughly discussed by Council. His Worship, Mayor Bukator
indicated that this matter could be discussed by members of Council during
an informal meeting scheduled for the next week.
POLICE PROTECTION - MAX-FUND CONDOMINIUM PROJECT
Alderman Orr advised that he had received a call from a resident of the
condominium building on the corner of Thorold Stone Road and Portage Road
concerning police protection of the property. Apparently there have been
around fifteen or twenty break-ins in the underground perking area over
the last two or three months. Care in the garage had also had windows broken
and tires slashed. Residents of the building had requested the police to
drive through the garage area which has access from both Portage and Thorold
Stone Road, periodically as a deterrent to the vandals. The police were
unable to accede to this request, and the Alderman felt that some effort
should be made to assist the residents of the building. His Worship, Mayor
Bukator advised that the Chief of Police would be attending the informal
meeting to be held the next week, and that the matter could be discussed
further at that time.
CONTROL OF CATS
Alderman Orr advised that he had received a call from a resident in
the Ryerson Crescent area concerning an over-population of cats. The cats
have become quite a nuisance in the area, and the residents would like the
City or the Hutanne Society to do something about the problem. While the
City has a by-law covering the control and licensing of dogs, there is no
provision for cats. Alderman Schisler pointed out that the municipality had
no authority to licence or control cats.
It was moved by Alderman Stewart, seconded by Alderman Orr, .~hat the
meeting adjourn·
READ AND ADOPTED,
MAYOR
ELEVENTH MEETING
REGULAR MEETING
Council Chambers
March 14, 1977
Council met on Monday, March 14, 1977 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Aldermen Mann and Mooney. His Worship, Mayor Bukator presided
as Chairman. Alderman Schisler offered ~the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman,
that the minutes of the meeting held on March 7, 1977, be adopted as printed.
PRESENTATION
NIAGARA FALLS LIONS CLUB
Mr. T. Buchanan, President of the Niagara Falls Lions Club, was granted
permission to address Council on the motion of Alderman Thomson, seconded by
Alderman Fare. Mr. Buchanan advised that the Niagara Falls Lions Club was
recently selected to receive a Lions Friendship Arch from the International
Lions Club. A miniature replica of the arch was on display in the Council
Chambers. The Niagara Falls Lions Club wish to present this Friendship Arch
to the City, and propose to place the Arch on the traffic island at the
foot of Bridge Street near the international border. Mr. Buchanan advised
that the base suggested in the information brochure would not be used, but
rather a concrete-type base was proposed in order to give the base a more
professional appearance. It was requested that the City assume the cost
of installation of the base, while the Lions Club would be responsible for
other.related costs.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the Lions Friendship Arch be accepted with thanks.
COMMUNICATIONS
No. 38 - Niagara Falls Lions Club - Re: Walkathon. The communication requests
approval for a Walkathon to be held on April 30, 1977. In the event of poor
weather, an alternate date of June 4, 1977 is proposed.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesnmn, that .
approval be granted subject to similar approval being received from Regional
Niagara with respect to Regional Roads.
No. 39 - Niagara Frontier Humane Society - Re: Budget Request. The communication
advises that no increase will be requested in the City's budget allocation to
the Humane Society. Comment is also made on the cost of investigations.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fare, that
the.communication be considered, in coBJunction with budget discussions.
No. 40 - Chamber of Commerce - Re: Brief on Model Municipal Noise Control
By-law. The brief outlines comments of the Chamber of Commerce concerning
the model municipal noiseccontrol by-law.
Mr. T. Rigby of the Chamber of Commerce was granted permission to address
Council on the motion of Alderman Chessman, ~econded by Alderman Orr. Mr. Rigby
requested that Council not implement the by-law as recommended by the Ministry
in its present form, but rather to gather information from industries of the
area either directly or through the Chamber and from other municipalities.
After this information is assembled, in depth study could be carried out, and
the feelings and opinions of Council could be referred to the Ministry.
Mr. Rigby further advised that the Chamber was more than willing to assist
staff in obtaining the information from various sources.,
Several members of Council cc~fimnted on the points raised by the Chamber
in the brief, and the possible implications of passing the by-law in its
present form. Following further discussion, it was moved by AldermancCheesman,
seconded by Alderman Thomson, that other Ontario municipalities be contactsd
to determine their opinions on the model by-law. The motion Carried
unanimously. :
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No. 41 - Canadian Tire Store, McLeod Road - Re: Repeal of Early Closing
By-laws. The communication co.~nts on the repeal of early closing by-laws
in the City, and it is suggested that no new legislation be passed to allow
open shopping and in fact that the current by-laws in a slightly amended
form be strongly enforced.
ORDERED on the motion of Alderman Crows, seconded by Alderman Sobol, that the
comments expressed be considered in conjunction with c~mente requested from
business organizations on the repeal of early closing by-laws.
REPORTS
No. 122 - Planning & Development - Re: AM-12/76, River Realty Development Ltd.
and Group 2 Development Ltd., Monroe Subdivision Extension No. 1. The report
provides information on the proposed subdivisions and advises that the by-law
to provide for the change in zoning has been placed on the agenda for Council's
consideration. It is recommended that the report be received and filed.
Alderman Crowe indicated that he was still opposed to the plan as it is
presently laid out because it would increase traffic problems on Thorold
Stone Road.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the
report be received sad filed. The motion Carried with Aldermen Crowe and
Fera voting contrary, and all others in layout.
See By-law No. 77-53
No. 123 - Planning & Development - Re: AM-8/75, Falls Industrial Perk Extension.
The report provides information on the proposed extension to the Falls Industrial
Park, and advises that the by-law to provide for the necessary zoning amend-
ment has been placed on the agenda for Council's consideration. It is
reconnended that the report be received and filed.
ORDERED on the motion of Alderman Orr, seconded by Alderman Sobol, that the
report be received and filed.
See By-law No. 77-54
No. 124 - City Manager - Re: Pollution Control Assochition of Ontario Conference.
The report recommends.the attendance of two members of the Municipal Works staff
at the conference to be held in Toronto from April lY - 20, 1977.
Alderman theeswan felt that s~D,mher ~f the items to be discussed at the
conference would be of interest to members of Council, and he suggested that
a member of Council be authorized to attend the conference as Well. Alderman
Crowe pointed out that the report did not outline the cost involved in sending
two staff members to the conference. The City Manager advised that the cost
would be appro~4,~tely $350, and that in future, reports concerning conferences
would indicate the cost involved.
ORDERED on the motion of Alderman Thomson, seconded bN Alderman Stewarts that
the report be received and adopted.
ORDERED on the motion of Aldermsn cheesmsn, seconded by Aiderman Stewart, that
-one member of Council be authorized to attend the conference. The motion
Carried with the following vote:
AYE: Aldermen Cheesmsn, Fare, Jaluvka, MacBeth, Sobol end-Stewart.
NAYE: Aldermen Crowe, Orr, Schisler and Thomson.
No. 125 - City Manager - Re: Proposed Illemivation Station at Murray Street
Outfall, Niagara Parks Commission. The report advises of a request received
from the Niagara Parks Commission to grant permission for the construction
an illumination station over the Murray Street storm sewer outfall. It is
reco,~ended that Council authorize the City Solicitor to prepare the necessary
agreement with the Niagara Parks Commission to permit the proposed construction.
The Director of Municipal Works requested that Council grant permission
to the Niagara Parks Commission to co,weuce construction i~diately~ prior
to final approval of the necessary agreement. '
ORDERED on the motion of Alderman Crows, seconded by Aldermsn Schisler, that
the report be received and adopted, and that permission be 8ranted to the
Niagara Parks Coe~iselon to comaease construction immediately.
No. 126 - City Munager - Re: Proposed Motel Addition, Continental Motel.
The report retreads approval of the subject site plan as submitted.
OIDERDD on the motion of Alderman Thomson,.seconded by Alderman Fere, that
't~elreport be received sad adopted.
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No. 127 - City Manager - Re: Purchase of Bank of Montreal Property. The
report reconunends passage of a by-law to authorize the execution of an
Agreement of Purchase and Sale for the Bank of Montreal Property on Main
Street for parking purposes.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman,
that the report be received and adopted.
See By-law No.
77-55
No. 128 - City Manager - Re: Parking on Sixth Avenue. The report recommends
preparation of a by-law to prohibit parking on both sides of Sixth Avenue from
Bridge Street to 165-feet northerly.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fern, that the
report be received and adopted.
No. 129 - City Manager - Re: Lease between the City and Region for Use of
parking Spaces. The report recommends passage of a by-law to authorize the
execution of a lease with the Region for the use of eight parking spaces in
the Morrison Street parking lot for a term of twenty years at an annuai rent
of $400 to be adjusted as required.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Crows, that
the report be received and adopted.
See By-law No. 77-5__6
No. 130 - City Manager - Re: Resolutions from Other Municipalities.
1) Town of Valley East - Requesting that election day be held on the first
Monday in November.
Reconnendation - That the resolution be received and filed.
2) Town of Antaster - Requesting that municipal taxes paid on residential
!,..~property be declared tax exempt.
Recommendation'- That the resolution be received and filed.
3) City of Nanticoke - Requesting the Province to use funds raiaed by the
Provincial Lottery to meet unusual costs.
Recommendation - That the resolution be received and filed.
4) Town of Wallaceburg - Requesting the Attorney General to impose stiffer
penalties and to include financial restitution where acts of vandalism and
public mischief are involved.
Recommendation - It is suggested that information concerning public mischief,
and restitution received from the Niagara Regional Police, be forwarded to the
Town of Wallaceburg for information and cogent.
5 ) City of Windsor - Requesting the government to proceed with legislation con-
cerning the use of firearms.
Reconmaendation - It is recommended that the resolution be endorsed subject to
the following revision "Imposition of mandatory Jail sentences for carrying
unregistered handguns and/qr committing a crime while in possessiqn of a
firearm".
6) Town of Oakville - Requesting the Attorney General to review present
provisions of the Liquor Licence Act.
Recou.uendation - That the resolution be endorsed.
7) Municipality of Cavan - Requesting Federal and Provincial Governments to
encourage marketing improvements to allow for increases in production costs.
Rec~endation - That the resolution be endorsed.
City of Sarnia '- Requesting a chan~'in legislation to provide that. municipal
.- employees be granted innunity from personal liability.--
' Reconnendation - That the resolution be endorsedi
Alderman Crowe felt that the resolution from the Town of Antaster should
be endorsed, not ~ecessarily in its present form, but on the principle of the
mstter. The Alderman stated that persons who improve and upgrade their
properties are penalized by higher taxes, and that the current property tax
credit system through income tax eliminates certain persons from receiving
relief, and sllowing only marginal credits on property taxes paid for others.
ORDERED on the motion of Alderman Thomson, seconded by Alderman err, that the
resolution from the Town of Antaster be npproved in principle and forwarded
to the Blair Commission, and further that the report as amended, be received
and adopted.
No. 131 - City Manager - Re: Municipal Accounts. The report retreads payment
of municipal accounts.
ORDERED on the motion of Aldermsn errs seconded by Alderman Cheesmsn, that the
report be received and adopted.
No. 132 - City Manager - Re: Purchase by E.g. Fox Limited of Lot 17, Falls
Indu, etrisl Park. The report recemmends passage of a by-la~ authorizing the
'-4-
sale of Lot 17 to E,S, Fox Limited at a sale price of $30,470,00, I~ is furthe~
recommended that Council by resolution approve the lease and/or sale by E.g.
Fox Limited to Specialty Cast Metals Ltd. of Lot 17 any time within 10 years
of the date of the deed for the said property.
ORDERED on the motion of Alderman Crows, seconded by Aldermen MacBain, that
the report be received and adopted.
NOTE:
Alderman Schisler declared a conflict of
interest on this item, and abstained from voting.
RESOLUTIOK~]
See Resolution No. 1[
See By-law No. 77-61
No. 18 - CROWE - MACMAIN - RESOLVED that the Council of the Corporation of the
City of Niagara Falls approves the lease and/or sale by E.g. Fox Limited to
Specialty Cast Metals Limited of Lot 17 any time within 10 years of the date
of the deed for the said property to E.g. Fox Limited; AND the Seal of the
Corporation be hereto affixed. Carried with Aldermi
Schisler abstaining.
No. 19 - CHEESMAN - VERA - RESOLVED that pursuant to the Public Transportation
and Nighway Improvement Act, the Council of the Corporation of the City of
Niagara Falls hereby requests an allocation of subsidy monies for public
transportation in the amount of $122,400.00 for the Capital Asset Assistance
Program and $254,450.00 for Transit Operating Deficit; AND the Seal of the
Corporation be hereto affixed.
Carried Unsnimously
No. 20 - THOMSON - OR/{- RESOLVED that a message of condolence be sent to
the family of the late Mr. A1 Reid, a respected citizen of the City of Niagara
Falls; AND The Seal of the Corporation be hereto affixed.
Cerrted Unanimously
No. 21 - CROWE - ORR - RESOLVED that a message of condolence be sent to the
family of the late Mr. Robert Callan, a former official of the Village of
Chippews, and respected citizen of the City of Niagara Falls; AND the Seal
of the Corporation be hereto affixed.
Carried Unanimously
ORDERED on the motion of Alderman Thomson, seconded by Alderman Jaluvka, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time: "
~. 77-53 - A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the
former Township of Stamford, now in the City of Niagara Falls, as
amended. (AM-12/76, Monroe Extension Subdivision)
No. 77-54 - 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. (AM-8/75,
Falls Industrial Park Extension)
No. 77-55 - A By-law to authorize the acquisition of land for the parking of
vehicles. (Bank of Montreal Property)
No. 77-56 - A By-law to authorize the execution of a lease with the Regions1
Municipality of Niagara for the use of 8 parking spaces by the Niagar;
Regional Board of Commissioners of Police.
No. 77-57 - A By-law to amend By-law No. 76-61, as amended, being a By-law to
appoint a Chief Building Official andinspectors under the Building
Code Act, 1974.
No. 77-58 - A By-law in respect to the Bo~d of Management f6r 'the MAin and
Ferry Business Improvement Ares,
No. 77-59 - A By-law to amend By-law No. 75-253, being a By-law to provide for licensin~ and regulating the keeping of dogs.
No..7.7-60 - A By-law to provide monies for general purposes.
· No. 77-61 - A By-law to authorize the sale of land in the Falls Indnstrial Park.
(Lot 17to'Z.8, Fox Ltd, )
Carried with Ald. Cr~
and Fera votin contra
on By-law 77-5], Ald.
Schis. ler abstaining 0~
77~61, and all others
voting in fayour.
-5-
ORDERED on the motion of Aldermen Stewart, seconded by Aldermen Sobol, that
the following by-laws be now read a second and third time:
No. 77-53 - A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the
former Township of Stamford, now in the City of Niagara Falls, as
amended. (AM-12/76, Monroe Extension Subdivision)
No. 77-54 - 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. (AM-8/75,
Falls Industrial Park Extension)
No. 77-55 - A By-law to authorize the acquisition of land for the parking of
vehicles. (Bank of Montreal Property)
No. 77-56 - A By-law to authorize the execution of a lease with the Regional
Municipality of Niagara for the use of 8 parking spaces by the Niagara
Regional Board of Connnissioners of Police.
No. 77-57 - A By-law to amend By-law No. 76-61, as amended, being a By-law to
appoint a Chief Building Official and inspectors under the Building
Code Act, 1974.
No. 77-58 - A By-law in respect to the Beard of Management for the Main and
Ferry Business Improvement Area.
No. 77-59 - A By-law~to amend By-law No. 75-253, being a By-law to provide for
licensing and regulating the keeping of dogs.
No. 77-60 - A By-law to provide monies for general purposes.
No. 77-61 - A By-law to authorize the sale of land in the Falls'Industrial Park.
(Lot 17 to E.g. Fox Ltd.)
Carried with Aldermen
Crows and Fern voting
,:contrary on By-law 77-53,
Alderman Schisler
abstaining on By-law
77-61, and all others
voting in favour.
It was moved by Alderman Crows, seconded by Alderman Chessmen, that the
meeting adjourn. .. ,~A~ ~
~ ' ..... ~AYOR
TWELFTH MEETING
SPECIAL MEETING
Committee Rooms ~2 & 3
March 21, 1977
Council met on Monday, March 21, 1977 at 4:30 p.m. for the purpose of
receiving budget requests from various City organizations. All members of
Council were present with the exception of Aldermen Jaluvka, MacBain and
Schis let. His WOrshiP, Mayor Bukator presided as Chairman.
pRESENTATION OF BUDGET REQUESTS
NIAGAIL~ FALLS PUBLIC LIBRARY BOARD
Mr. R. Durdan, Chairman of the Finance Committee of the Library Board
presented the Board's proposed operating budget for 1977, with a request for
a City grant in the amount of $622,100. Mr. Durdan provided information on
the breakdown of costs to the Board for the upcoming year in response to a
number of questions raised by members of Council.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that
the grant request of the Niagara Falls Public Library Board be referred to
'discussions on the City's 1977 Operating Budget.
NIAGARA FALLS BUSINESS & INDUSTRIAL GROWTH AGENCY INC.
Mr. G. Wyllie, Finance Chairman of the Niagara Falls Business & Industrial
Growth Agency Inc. presented the Agency's proposed operating budget for 1977
with a request for a City grant in the amount of $139,670. Mr.'Wyllie
provided a detailed presentation on the operation of the Agency, and costs
involved in establishing the Agency as a separate body from the Chamber of
Commerce. Additional information was provided in response to questions
raised by members of Council.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that
the grant request of the Niagara Falls Business & Industrial Growth Agency Inc.
be referred to discussions on the City's 1977 Operating Budget.
NIAGARA RESORT & TOURIST ASSOCIATION
Mr. G. Paul, Chairman of the promotion & Advertising section of the
Niagara Resort & Tourist Association presented the Association's proposed
operating budget for 1977 with a request for a City grant in the amount of
$130,000. Mr. Paul provided detailed information on the budget in response
to questions raised by members of Council.
ORDERED on the motion of Alderman Crows, seconded by Alderman Thomson, that
the grant request of the Niagara Resort & Tourist Association be referred
to discussions on the Cityms 1977 Operating Budget.
SOCIAL pLANNING COUNCIL OF NIAGARA FALLS
:.' Mr. P.D. Sullivan, president of the Social Planning Council of Niagara
Falls presented the Council's proposed operating budget for 1977 with a
request for a City grant in the amount of $69,618. Mr. Sullivan provided
additional information on salaries of employees of the Social planning
Council in response to a number of questions raised by members of Council.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that
the grant request of the Social planning Council of Niagara Falls be
referred to discussions on the City's 1977 Operating Budget.
NIAGARA pROMOtION ASSOCIATION
Mr. N. Ross, Chairman of the Niagara promotion Association, presented
the Association's proposed operating budget for 1977 with a request for a
City grant in the amount of $35,000. Mr. Ross provided'information on the
various programmes promoted by the Association during the upcoming year.
ORDMNED on the motion of Alderman Fern, seconded by Alderman Crows, that
the grant request of the Niagara promotion Association be referred to
discussAonsen the City.~s &9?7-Operating, Budget.
i'
- 2-
It was moved by Alderman Crows, seconded by Alderman Mann, that a
report be prepared outlining the statutory authority allowing Council to
provide such grants. The motion Ca'r'ried unanimously.
The meeting adjourned.
READ AND ADOPTED,
CLERK
MAYOR
THIRTEENTHMEETING
COMMITTEE OF THE WHOLE
Committee Room #1
March 21, 1977
Council met in Connittee of the Whole at 7:00 p.m. on Monday, March 21~
1977. All members of Council were present with the exception of Aldermen
Jaluvka, MacBain and Schisler. Alderman Chessman presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.. &~a ~.
READ AND ADOPTED,
MAYOR
J
Council Chambers
March 21, 1977
Council met on Monday, March 21, 1977 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the ..
exception of Aldermen Jaluvka, MacBsin and Schisler, His Worship, Mayor
Bukator presided as Chairman and offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fern,
that the minutes of the meeting held ohM arch 14, 1977, be adopted as printed.
UNFINISHED BUSINESS
PURCHASE OF CHURCH OF THE REDEEMER PROPERTY - CORONATION RECREATION CENTRE
Report No. 133 - City Manager - The report recommends that the City proceed
with the purchase of this property ohM arch 31, 1977 prior to receipt of
certain grants and approval of the 1977 budget.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman,
that the report be received and adopted.
REPORTS
No. 134 - Recreation Commission - R~C Community Recreation Centres. The
report recommends that the agreement between the Community Resources Centre
and the City be rescinded and that a 5~w committee be formed consisting of
1 representative from Council, 3 representatives from the Social Planning
Council, 2 citizens from the community and 1 representative from the
Recreation Commission.
OREEHED on the motion of Alderman Mann, seconded by Alderman Thomson, that
the report be received and adopted.
No. 135 - City Manager - Re: 1976 Municipal Works Annual Report. The report
provides details on the operations of the Municipal Works throughout the City
during the year 1976.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that
the report be received and filed.
No. 136 - City Manager - Re: Ontario Municipal Personnel Association. The
report recommends the attendance of the personnel Officer at the Spring
Workshop of the Association to be held in peterborough on April 21stand
22rid, 1977.
ORDERED on the motion of Alderman Chessman, seconded by Alderman 8obol, that
the report be received and adopted.
No. 137 - City Manager - Re: Annual Conference - Federation of Canadian
Municipalities. The report recommends passage of a resolution authorizing
HiS Worships Mayor Bukator to offer his services again es, a member of the
National Board of Directors for the Federation, and that he and the City No. 144 - City Manager - Re: Encroachment - Terrace Avenue. The report
Manager be authorized to attend the 40th Annual Conference tocbe held in recommends that a request to permit an encroachment on the road allowance
Toronto from May 15 - 18, 1977. of a building known as 4132 Terrace Avenue, be approved and that an
ORDERED on the motion of Alderman Orr, seconded by Alderman Fare, that appropriate by-law to authorize the encroachment be prepared.
the report be received and adopted. ORDERED on the motion of Alderman Mann, seconded by Alderman Sobel, that the
See Resolution No. 21 report be received and adopted.
No. 138 City Manager - Re: Rodent Control. The report requests the direction No. 145 City Manager Re: Drummond Village Condominium. The report
of Council in either continuing the present method of rodent control whereby recommends preliminary approval of the proposed plan subject to three
residents pay for'bbtting and/or fumigation on their property, or resuming the conditions. It is noted in the report that approval of this plan will
previous method of the City assuming the cost for baiting and/or fumigation consume the reserve lot commitment for the pollution control plant.
on private residences. ORDERED on the motion of Alderman theesmart, seconded by Alderman Fare, that
the report be received and adopted.
Alderman Thomson felt that the City should resume the previous method
of the City assuming the cost for rodent control on private aingle family No. 146 - City Manager - Re: Municipal Accounts. The report recommends payment
residences, and suggested that tenders be called for the service, and that of the municipal accounts.
the prices received be considered during budget discussions. ORDERED on the motion of Alderman Sobel, seconded by Alderman Moonay, that
ORDERED on the motion of Alderman Thomson, seconded by Alderman"Cheesman, the report be received and adopted.
that tenders be called for rodent control on the basis of the City assuming
considered during budget discussions.
No. 22 - ORR - FERA - RESOLVED that His Worship, Mayor Bukator be authorized
No. 139 - City Mana_~er - Re: Caeaarfa Palace Restaurant, Cash-in-Lieu. The to offer his services again as a, member of the National Board of Directors of
report recommends passage of a by-law to authorize the execution of a cash- the Federation of Canadian Municipalities; AND the Seal of the Corporation be
in-lieu of parking agreement for the ·ubJect property. hereto affixed.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that ~ Carried Unanimously
the report be received and adopted.
See By-law No. 77-62 ~ No. 23 --THOMSON - CMEESMAN - RESOLVED that the Statement of Supplementary
Expenditure8 for Fublic Transportation and Highway Improvement8 for the year
~o. 140 - CIty Manager - Re: Development Plan Approval - King8 Inn Motel. The ~ 1977 dated March 21, 1977, be adopeed a8 presented in the total estimated
report reco~nenda approval of the DeveIopment Plan as submitted. *~' amount of $406,000, with an estimated subsidy co·t of $I52,500; AND the Seal
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the !~ of the .Corporation be hereto affixed.
report be received and adopted. ~ Carried-Unanimously
No. 141 - City Manager - Re: Easement Agreement with the Miagars Parks Commission ~ No. 24 - THOMSON - CHEESMAN - RESOLVED that the Program of proposed Expenditures
for an Outfall Storm Sewer System. The report recommends passage of a by-law ~ for Highway Improvements for the year 1977 dated March 21, 1977, be adopted as
to authorize the execution of an easen~nt agreement with the Niagara Parks J presented in the total estimated cost of $3,507,400, with an estimated subsidy
Commission co~ering an outfall storm sewer system which was constructed by ~ cost of $1,426,000; AND the Seal of the Corporation be hereto affixed.
the City at the time the City was reconstructing the section of Portage Road
east of the Panssonic Tower. Carried Unanimously
ORDEPaD on the motion of Alderman Orr, seconded by Alderman Fern, that the
report be received and adopted. BY-lAWS
gee By-law No. 77-63
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that leave'
No. 142 - City Manager - Re: Regional Policies and Procedures for Subdivision be granted to introduce the following by-laws, and the by-laws be read a first
Approval - Delegation of Approval Power from Province e~ Region. The report time:
edvfses that recommendations msde by the City have been incorporated into the
Region~s proposed procedures. A question has been raised on duplication of No. 77-62 :- A By-law to authorize the execution of an agreement with Vincent
.functions at the Regional level, and it is recommended that clarification be Gagliotti, Mary Gagliotti, Joseph Fabiano and Elena Fabiano respecting
-~obtefned on this point prior to Council reaching a decision on the proposed parking facilities. (Cash-In-Lieu - CaesarIs Palace Restaurant)
procedures.
No. 77-63 - A By-law to authorize the execution of sn eesement agreement with
The Planning Director indicated that in considering plans 'of subdivisions, bet :' the Niagara Parks Commission reapeating an outfall storm sewer
the Regional Planning &Development Co~nittee and Regions1 Council would deal system.
with a drsft plan twice, and this wss considered to be s duplication. The Planni~
Director felt that the matter should .be cadrifled prior to approval of the No. 77-64 - A By-law to designate a certain area as an improvement area,
Regfon~s procedures by Council, and suggested the possibility of a meeting
between .representatives from the Province, the Region and the City. No. 77-65 - A By-law to authorize a concession agreement with the Niagsrs South
': Recreation Association for concession rights at the Niagara South
Following discussion by various members of Council, it wss .moved by ' '
· Alderman Crows, seconded by Alderman Thomson, thet 'a meeting be arranged
between representatives of the Province,, the Region and the City to clarify No. 7~-66 - A By-law to amend By-law No. 75~20 as amended to regulate the
the matter of duplication, and that once clarification hJs!,heen received, supply of water snd to provide for the meintenance and menagement of
.. the, mstter be reported back 'to CounCil.. the ~aterworks and for the imposition and collection of water rates.
~No.'~143 - City Nsnager - Re: Proposed Expansion-of Downtown Business Improvement No. 77-67 - A By-law to amend By-law No. 3790, being a by-law for'!rthe regulation
Ares. The'report racemends that two readings be given to a by-law which will of traffic, (No Parking - Sixth Avenue)
· enlarge the boundaries of the Downtown Business Improvement Area. ~ollowing
::the two readings, the by-law will be circulated to all-those persons liable .;No. 77-68 - A By-law to provide monies for general purposes.
'for business asssessment in the area.' '
O~a)MRED on the motion of Alderman Cheesmen~ seconded b~ Alderman Thomson, that 'Carried Unanimously.
..~..3
ORDERED on the motion of Alderman Fete, seconded by Alderman Sobol, that
the following by-law be now read a second time:
..No. 77-64 -.A By-law to designate a certain area as an improvement area.
Carried Unanimously
ORDERED on the motion of Alderman Fare, seconded by Alderman Thomson,. that
the following by-laws be no~ read a second and third time:
No. 77-62 - A By-law to authorize the execution of an agreement with Vincent
Cagliotti, Mary Gagliotti, Joseph Fabiano and Elena Fabiano
respecting parking facilities. (Cash-In-Lieu of Parking - Caesar ts
Palace Restaurant)
N~. 77-63 - A By-law to authorize the execution of an easement agreement with
the Niagara-Parks Commission respecting an outfall storm sewer systen.~
02.. 77-65 - A By-law to authorize s concession agreement with the Niagara South
Recreation Association for concession rights at the N~agara South
Recreation Centre.
No. 77-66 - A By-law to amend By-law No. 75-20, as amended, to regulate the
supply of water and to provide for the maintenance and management
of the waterworks and for the imposition and collection of water rate+
Mq. 77-67 - A By-law to amend By-law No. 3790, being a by-law for the re~ulation
of traffic. (No Parking - S~xth Avenue)
~o. 77-68 - A By-law to provide monies for general purposes.
Carried Unanimously
I~W BUSII~SS
HELICOPTERS
Alderman Thomson referred to a notice received fromNiagara Helicopters
Ltd. advising that tests for the level of noise would be carried out on the
new mufflers installed On their helicopters by the'Ministry of Transport on
March 24, 1977 at 11:00 a.m. The Alderman requested that the persons
involved in noise complaints be notifiedoof the tests.
GROU~ AGAIn"aT SLI/D~E POLLBTION
His Worship, Mayor Bukator referred to a copy of a letter received from
several individuals in the former Crowland Township area, which indicated that
the Group Against Sludge Pollution had been dissolved and that residents would
carry on collectively as individuals of the former Township.
SCHOOL OF NUBSING - GREATER NIAGARA GEM~RAL HOSPITAL
Alderman Crows advised that he had heard rumours that the 'School of
Nursing at the Greater Niagara General Hospital would be closing, and requested
that staff look into the matter.
MUSIC ON TRANSIT CO/~ISSION BUSgSj
Alderman Sobol advised that she had recently learned the Transit'
Camlesion was proposing the installation ,of tape players with f~H sterio
redioa.~on the buses. The Alderman asked for an explanation of why the
Comais,ion was considering the installation o~ tape players while operating
on a deficit. His Worship, Hayor Bukator advised that an answer would be
provided to the Aldermn.
It was mowed by Aldermsn. lPa~ ' aa--anded by Alderman Stewart, that the
matinS adjourn, ~ - ' ·
R~A AND ADOPTED,
m
FOURTEEMfH MEETING
COMMITTEE OF T~E WHOLE
Conmittee Room
March 28, 1977
Council met in Committee of the Whole at 7:00 p.m. on Monday, March 28,
1977. All members of Council were present with the exception of Aldermen
Chessman and Schisler. Alderman Crowe presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting
READ
MAYOR
Council Chambers
March 28, 1977
Council met on Monday, March 28, 1977 at 7:30 p.m, for the purpose of
considering general business. All members of Council were present with the
exception of Aldermen Chessman and Schisler. His Worship, Mayor Bukstor
presided as Chairman. Aldermen Fera offered the Opening Prayer.
ADOPTION OF MINFfES
ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that
the minutes of the meetings held ohM arch 21, 1977, be adopted as printed.
WELCOME
His Worship, Mayor Bukstor extended a welcome to members of the 22nd
Niagara Scout group from the former Village of Chippaws, who were in attend, ace
at the meeting.
DEPUTATION
VOLUNTEER BUREAU (NIAGARA)
Communication No. 42-- Volunteer Bureau (Niagara) - The communication requests
that Council consider granting the agency the sum of $5,000 to continue to offer
services to the cormunity which enables cowmunity agencies to save time and
umnpower.
ORDERED on the motion of Alderman Orr, seconded by Alderman Sobol, that the
request be referred to the 1977 operat4ng budget discussions.
UNFINISHED BUSINESS
PAIM~R AVENUE EXTENSION
Report No. 147 - City Manager - The report recommends that Council certify by
resolution that Palmet Avenue is a main thoroughfare for traffic, and that the
Minister of Transportation & Co~nunications be requested to designate Palmet
Avenue a main thoroughfare. This will enable the City to claim subsidy from
the Ministry for construction costs.
ORDERED on the motion of Aldermen Mann, seconded by Alderman Fern, that the
report be received and adopted. S~ Resolution No. 25
DRAFT ZONING BY-lAW
Report No. 148 - City Solicitor and Planning Director - The report advises that
tt is the objective of the Solicitor and Planning Director to have a revised
draft of the zoning by-law ready for submission to Council for consideration
by the end of June, 1977, with Council*,'authority to give this matter top
priority.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Sobol, that
the report .be received and filed, and that authority be granted to give the
draft zoning by-law top priority.
-2-
CO~UNICATIONS
No. 43 - Niagara Escarpment Connnission - Re: Changes to Niagara Escarpment
Development Control Area. The con~nunication provides information on the
changes to the Development Control Area as they will affect development within
the boundaries. It is suggested that a meeting could be held between Council
and representatives of the Commission to discuss the matter further.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fete, that
a meeting be arranged with representatives of the Niagara Escarpment Commission
to discuss the changes to the Development Control Area, and in particular, the
proposed Calaguiro Subdivision.
No. 44 - Regional Municipality of Niagara - Re: Construction By-law for
Stanley Avenue Bridge over Welland River. The communication advises that
the Regional Solicitor has been instructed to prepare a construction by-law
to authorize the construction of the Stanley Avenue bridge over the Welland
River.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that
the communication be received and filed.
No. 45 - Regional Municipality of Niagara - Re: Building Encroachment for
Fallsview Motor Hotel on Stanley Avenue. The communication advises that
the Region has approved the encroachment of the Fallsview Motor Hotel onto
Stanley Avenue subject to certain conditions.
ORDERED on the motion of Aldermen Thomson, seconded by Alderman Fete, that
the communication be received and filed.
No. 46 - Ministry of Housing - Re: Urban Development Standards - Effect on
Road Grants. The con~nunication advises that any road allowance below 66
feet which is part of a plan of subdivision approved by the Minister of
Housing or a regional municipality is acceptable for road grant purposes.
ORDERED on the motion of Alderman Crows,-seconded by Alderman Thomson, that
the communication be .received and filed.
REPORTS
No. 149 - Planning Department - Re: 1976 Annual Report. The report provides
information on the work of the Planning Department during the year 1976.
ORDERED on the motion of Alderman Moohey, seconded by Alderman gobol, that
the report be received and. filed.
No. 150 - City Manager - Re: C.A.M.A. Conference. The report recommends
the attendance of the City Manager and City Clerk a~ the,annual conference
of the Canadian Association of Municipal Administrators to be held in
Toronto from May 12 - 15, 1977. .
ORDERED on the motion of Alderman Sohol, seconded by AlderfmnMann, that
the report he received and adopted.
No.=151 - CityManager - Re: Tenders for Materials 1977. The report reco~,ends
the acceptance of various tenders for the supply of materials ~equired during
1977-78.
ORDERED on the motion of Alderman Thomson, seconded by Alderman err, that
the report be received and adopted.
See Resolution No. 26
No. 152 - City Manager - Re: 1977 Tenders for Fertilizer, Grass Seed-, Sod and
Traffic Paint. The report reconnends the acceptance of various tenders for the
supply of fertilizer, grass seed, sod and traffic paint.
The City Manager provided additional information in response to a
question raised by Alderman Moohey.
ORDERED on the motion of Alderman THomson, seconded by Alderman Orr, that the
r~port,be received and adopted. ' '
· ' ..... See Resolution No. 27
No. 153 - City Manager - Re: quotations for Spin-on Type Main Brooms and Gutter
Brooms. The report reconnends the acceptance of various quotations for the
supply of spin-on type Polypropylenemain brooms and gutter brooms for road
sweepers.
ORDEI~D on the motion of Aldermsn.,Tho~sOn, seconded by Alderman Mann, that the
reportbe received end adopted.'
gee Resolution No. 28
- 3 -
No. 154 - City Manager - Re: Contract W.I. 5/77, 1975 Capital Budget
Watermain Installations. The report recommends that the unit prices
submitted by Kerrio Ltd. for the installation of 1975 Capital Budget
watermains, be accepted.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that
the report be received and adopted.
See Resolution No. 29
See By-law No. 77-70
No. 155 - City Manager - Re: By-law Enforcement Contract. The report recommends
passage of a by-law to authorize a one year agreement with the Canadian Corps
of Commissionaires for by-law enforcement in the City.
Alderman Mann was critical of the fact that the contract with the
Canadian Corps of CuumLlssionaires was being renewed when other firms.had
submitted lower quotations on providing this service. The Alderman felt
that at least one of the firms submitting lower quotations would be able
· to provide the same level of service as the Commissionaires.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the report be received and adopted. The motion Carried with Alderman Mann
voting contrary, Aldermen Crowe abstaining on a conflict of interest, and
all others voting in layout.
See By-law No. 77-69
No. 156 - City Manager - Re: Home-Based City Vehicles. The report provides
information on the use of City vehicles by employees driving to and from
their homes. It is recommended that the present policy on employees allowed
to take City vehicles home to perform their duties be continued, and that
cases involving employees whose homes are located within or outside the City
be cons idered individnally on their own merit.
Alderman Fera advised that 'he .Was aware of a City employee in a supervisory
position who would leave Job sites during the day and go home for meals leaving
his crew unaupervised. The Alderman felt that closer watch should be kept by
senior staff to enaure that this type of practice does not continue. The City
Manager advised that he would check into the situation.
ORDERED on the motion of Alderman Fete, seconded by Alderman Thomson, that the
report be received and adopted.
No. 157 - City Manager - Re: Additional Grants to Municipalities for Abnormal
Winter Conditions. The report recommends passage of a resolution petitioning
the M.T.C. for subsidy monies available under procedures followed at the
present time by the Ministry. It is also reco.-,~,ended that a further resolution
be passed requesting additional funds to cover other storm related costs, and
requesting the Ministry to establish a~higher rate of subsidy for road winter
control.
The Director of Municipal Works explained that under the existing
formula, the M.T.C. provided subsidy at the rate of 40¢ on::the dollar, while
the usual rate of subsidy is 50¢ on the dollar. Even though the Province has
allocated approximately 15% more in snbsidy dollars for 1977, the extra
subsidy will,not meet the total requirements for 1977, and do not even meet
the~expe~ditures for 1976. It was also felt that a different method should
be used in.determining the rate of subsidy for different cities affected by
a disaster. In comparing two municipalities of similar size, one municipality
might face an expenditure of one million dollars for winter control, while
the other might only spend two hundred thousand dollars on the same storm.
Under existing snbsidy formulas,. each ~mun.icipality would receive the same
rate of subsidy. The Director of Municipal Works felt that the municipality
incurring the million dollar expenditure should receive a higher rate of
subsidy, and the other municipality would receive a lower rate on a "sliding
scale" basis based on the severity of the disaster. It was also pointed out
that subsidies did not take into account other related storm costs such as
sidewalk snow removal, watermain freeze-ups, insurance claims, etc. The
Director 'of Municipal Works felt that additional funds should be made available
for these~coste, possibly through the Ministry of Treasury, Economics and
lnter-Govermmental Affairs rather than through the M.T.C. It was further
suggested that a meeting be arranged between City, Regional, Provincial and
Federal officials to discuss these points further. Additional information
was provided in response to several questions raised by Alderman err.
-4-
Following further discussion, it was moved by Alderman Crows, seconded
by Alderman Jaluvka, that the report be received and adopted, and that further
attempts be made to obtain additional subsidy monies for the abnormal winter
expenditures incurred by the Hunicipality. The.motion Carried unanimously..
See Resolutions No. 3!
and 31
No. 158 - City Manager - Re: S,,mmerlea Acres Condominium Subdivision, 6767
Thorold Stone Road. The report reconnnends approval of the proposed Condominium
plan which is a conversion from rental units, subject to two conditions.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fats, that
the report be received and adopted.
No. 159 - City Manager - Re: Parking on Royal Manor Drive. The report reco~nends
passage of a by-law to limit parking to a one hour maximum on the east and west
sides of Royal Manor Drive from Lundy's Lane to 200' northerly.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Moohey, that
the report be received and adopted.
No. 160 - City Manager - Re: Municipal Accounts. The report recountends payment
of the municipal accounts.
ORDERED on the motion of Alderman Fern, seconded by Alderman Thomson, that the
report be received and adopted.
RESOLUTIONS
' No. 25 - MaNN - MOONEY - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that Palmar Avenue is a main thoroughfare
for traffic;
AND BE IT FURTHER RESOLVED that the Minister of Transportation and Communications
be requested to designate Palmar Avenue as a main thoroughfare for traffic in
accordance with The Public Transportation and Highway Improvement Act, R.S.O.
1970, Chapter 201 as amended by R.S.O. 1971, Chapter 61; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimous ly
No. 26 - THOMSON - ORR - RESOLVED that the quotations received for the supply
of various materials required for the 1977-78 season be accepted as outlined
be low:
TIRES, TUBES & TIRE REPAIRS - Whiteley Tire Sales
HOT MIX ASPHALT & ASPHAL~IC COLD PATCH - To be purchased. where
economically feasible at the time required.
SUPPLY OF GRANUlaR MATERIALS & SAND - To be purchased from low
bidder at the source closest to the site used, When prices are
equal, purchase will be divided as equally as
GATE VALVES - Mueller Limited and Emco Supply.
VALVE BCKES - J.R. FerSuson
iTAPPING VALVES & SLEEVES - Mueller Ltd. and Emco Supply.
· CKYGEN, ACBTYLEI~ & PROPAIqE - Border City Welding Supply and
: Niagara Welders Supply.
SUPPLY & APPLY OF TRAFFIC LINE STRIPING - Modern White Lines
Service. ./"'
~-' CRI~NT. LII~E & SEAL BOND - Weightrosa (Chippaws) Limited.
READY-MIX CONCRETE - Weightman (Chippaws) .Limited;
AND the Seal of the .Corporation be hereto afiixed.
Carried Unanimously
::~No. 27 - THOI~6N - OPa - RESOLVED that the prices received from Cltntar Spray
'Company for the supply of fertilizer; the pr~eS received from Scot~s Proturf
and O~to Pick & Son for the supply of grass seed; the prices received from
~Young Sod Supply for the supply of sod; and the prices received from Niagara
~Faint & Chemical for the snp~,ly of traffic paint, be accepted at the prices
9u0ted; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
./*'~No. 28 - THOMON - HANN - RESOLVED that the quotation submitted by Canadian
~Wire Brush for the supply of 22 main brooms and 30 gutter brooms at~a total
:*~price of $5,388.20, and the quotation submitted by Petwin Industries for the
~upply of 6 gutter brooms at a total price o~$235.50, be accepted; AND the
!~Seal ~f the 'Corporation be hereto affixed.
No. 29 - FANN - THGiaON - ~8OLVED that the uniC prices submitted by Kerrio Ltd.
for the installation of 197~ Capital Budget watermains, be accepted at the total
price of $14~,~78.~7; AND the Seal o~ the Corporation be hereto a~fixed.
Carried Unanimously
-5 -
No. 30 - CROWE - THOMSON - RESOLVED that the petition for interim payment
under The Public Transportation and Highway Improvement Act on expenditures
made in the year 1977, dated March 28, 1977, be adopted as presented in
the est4mtedamount for abnormal winter maintenance expenditures of $168,150
with an estimated subsidy of $84,075; AND the Seal of the Corporation be
hereto affixed.
Carried Unanimously
No. 31 - MACBAIN - ORR - RESOLVED that the Municipal Works Department prepare
a detailed estimate of costs incurred by the City for winter maintenance during
1977;
FURTHER that the Town of Fort Erie, City of Port Colborne, Township of Wainfleet
and City of Welland be requested to prepare similar detailed estimates;
FURTHER that His Worship, Mayor Buhator arrange a meeting between officials
of the Town of Fort Erie, City of Port Colborne, Township of Wainfleet, City
of Welland, Regional Chairman J. Campbell and the Director of Engineering for
the Region, officials of the Ministry of Transportation & Con~nunications
and the Ministry of Treasur5 Economics and Inter-Governmental Affairs, and
Federal officials;
AND BE IT FURTHER RESOLVED that~at this meeting, additions1 funds be requested
to cover other storm related costs suchas. sidewalk clearing, water system
problems, claims for damage as a result of snow removal operations, etc., and
also that a higher rate of subsidy be requested for the road-winter control
formula presently being used, possibly a "sliding scale" method depending on
the severity of the storm and extra number of dollars expanded by a municipality
as a resultdof a storm; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 32 - MANN - MACBAIN - RESOLVED that a message of condolence be ~ent to
the family of the late Mrs: Lily Mat Welstead, a respected resident of the
Municipality; AND the Seal of the'Corporation be hereto affixed.
Carried Unanimously,
B Y- lAWS
ORDERED on the motion of Alderman Fera, seconded by Alderman Sobol, that leave
be granted to introduce the following by-laws, and the by-laws be read a first
No. 77-69 - A By-law to authorize an agreement with the Canadian Corps of
Commias iona ires s (Hamilton). ;
No. 77-70 - A By-law to authorize the execution'of an agreement with Kerrio Ltd.
for the construction of watermains,
No. 77-71 - A By-law to authorize the sale of land to the Niagara..Peninsula
Conservation Authority.
No. 77-72 - A By-law to authorize the acquisition of lands for the purpose of
establishing a community recreation centre to be known as the
Coronation Recreation Centre.
No. 77-73 - A By-law to allow the maintaining and using of a building which
........ encroaches on. Hamilton Street; ...............
No. 77-74 - A By-law to provide monies for general purposes~
Carried with Alderman
Crowe abstaining on a
conflict of interest
on By-law 77-69, Alderman
Mann voting contrary on
B~-law 77-69, and all
others rotinS in favour.
ORDERED on the motion of Aldermen Jaluvks, seconded by Aldermen Stewart, that
the following by-laws be now read a second end third time:
No. 77-69 - A By-law to authorize an agreement with Canadian Corps of
:Ctmsnissionaires (Hamilton).
No. 77-70 - A By-law to authorize the execution of an agreement with Kerrio Ltd.
for the construction of watermains.
-6-
No. 77-71 - A By-law to authorize the sale of land to the Niagara peninsula
Conservation Authority.
No. 77-72 - A By-law to authorize the acquisition of lands for the purpose of
establishing a community recreation centre to be known as the
Coronation Recreation Centre.
No. 77-73 - A By-law to allow the maintaining and using of a building which
encroaches on Hamilton Street.
No. 77-74 - A By-law to provide monies for general purposes.
Carried with Alderman
Crowe abstaining on a
conflict of interest
on By-law 77-69, Alden
Mann voting contraryo:
By-law 77-69, and all
others voting in
NEW BUS INESS
MUSIC ON TRANSIT COMMISSION BUSES
Alderman Sobol referred to a request she had made at the previous meeting
regarding a proposal of the Transit Commission to install several tape players
with FM radios on buses. Although the information had been requested, no
formal motion had been made, and it was therefore moved by Alderman Sobol,
seconded by Alderman Crowe, that the Transit Commission submit a report on
the provision of tape players with FM radios oneiCy buses, while opelsting
on a deficit. The motion Carried unanimouslyT
CANADIAN CORPS OF COMMISSIONAIRES
Alderman Fern advised that he had received several complaints about the
speed with which Commissionaires issue tickets. Apparently some persons have
parked at a meter andhavegone into a store to get dhange for the meter.
While getting change, Couuissionaires had issued tickets for parking violations.
The same thin~ had happened to the Alderman, and he felt that the Cc~uuissionaires
should wait a few minutes before issuing a ticket, in the event a person has
gone into a store to get change for the meter. Alderman Thomson advised that
if a person returns to his car while the Conunissionaire is writing a ticket,
the ticket will be torn up. His Worship, Mayor Bukator provided information
on the use of parking meters on streets in response to a question from the
audience in the Chambers.
[i~i It was moved by Alderman Mann, seconded by Alderman Thomson, that the
meetin~ adjourn. , ~J~A,
, ,; RKAD A PTED,
fav~F
FIFTEENTH MEETING
REGULAR ~ETING
Council Chambers
April 4, 1977
Council met on Monday, April 4, 1977, at 7:30 p.m. for the purpose of
considering general business. All members of Council were present. His
Worship, Mayor Bukator presided as Chairman. Alderman Thomson offered the
Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera,
that the minutes of the meeting of March 28, 1977, be adopted as printed.
PRESENTATION OF RETIREMENT WATCHES & 25-YEAR PINS
His Worship, Mayor Bukator presented retirement watches to Mr. Andrea
Rondinelli who retired on February 28, 1977 and Mr. Frank Barkarts who
retired on March 31, 1977. Mrj Gordon Dennis was unable to be present
to receive his retirement watch. Also presented by His Worship, Mayor
Bukator were 25-Year Fins to Mr. B. Cardamone and Mr. A. Alberton.
Platoon Chief F. Armstrong was unable to be present to receive his pin.
DEPUTATION
BLACK CREEK AND RIDGEMOUNT INTERCHANGES WITH Q.E.W.
Communication No. 47 - Ministry of Transportation & Counnunications - The
communication advises that an earth borrow site will have to be established
in the general vicinity of the Black Creek and Ridgemount Interchanges.
Mr. Fred Allen of the M.T.C. was granted permission to address Council
on the motion of Alderman MacBain, seconded by Alderman Orr. Mr. Allen
advised that the Ministry has introduced a new procedure whereby the
availability of materials required for construction projects is discussed
with the municipality involved prior to construction. The terrain around
these twe interchanges will require the construction of overpasses. It
is proposed to borrow material adjacent to the work site for construction
purposes, as it is more economical due to the quantity of material involved,
and does avoid haulage of material on City streets. The earth borrow site
will be rehabilitated with sloped sides and re-forested with trees indigenous
to the area. The final effect will be a 40 acre pond 9~ to 12' deep with
gradual slopes and trees around the perimeter.
In considering this matter, several members of Council expressed
concern over a possible safety hazard that would be created by the pond.
Mr. Allen advised that the sides would be gradually sloped, and that the
land was landlocked with no means of access to the pond. In response to
a question raised by Alderman Thomson, Mr. Allen further advised that
there was an active stream running througl~° the property, and'the pond
should not become stagnant. The Ministry of Natural Resources will be
involved in the environmental aspects of the proposal.
Following further discussion, it was moved by Aldermsn Crows, seconded
by Alderman Orr, that the communication be received and filed, and, further
that the Ministry of Transportation & Conmunications be advised of Council's
concurrence with the earth borrow proposal. The motion carried. with
AidermanThomson voting contrary, and all others in fayour.
UNFINISHED BUSINESS
REPEAL OF CL06ING BY-LAWS - RETAIL ESTABLISMNTS
Report No. 161 - City Manager - The report recoupends that obsolete by-laws
be repealed and that the question of imposing new store hours be considered
by Council in the event specific problems arise.
Alderman Jaluvka advised that he was in agreement with the repeal of
the existing by-laws, however felt this should be done only if a by-law
regulating closing of stores during evening hours were substituted ~or those
to be repealed. The Alderman suggested n by-law requiring evening closings
on Mon~ays, Tuesdays and possibly Wednesdays would be appropriate. Mr. M.
Cunnington of Cambridge Leaseholds advised that it was intended to have Niagara
Squareopen five niShts a week exclusive of Saturday and Sund~y.
-2-
Alderman Thomson pointed out that any regulatory by-law would affect
existing businesses in the City, and referred to the hours of operation of
Towers, the A & P on Portage Road and other small plazas in the City such
as the Town & Country, Thorold Stone Road plaza, Stamford Green, Cherrywood
and the Southway Plaza. While the Alderman felt that existing businesses
in the City should be protected, this could not be done without adversely
affecting other businesses in the City. It was felt that comments should
be obtained from other commercial establishments in the City that had not
been contacted.
Alderman Crows pointed out that the issue in question was the repeal
of a number of obsolete by-laws that cannot be enforced at this time. Further
consideration of a new regulatory by-law could take place in the future.
In any event, Council could pass a by-law regulating store hours if problems
arose as a result of repealing existing by-laws.
Following further discuss ion, it was moved by Alderman Crows, seconded
by Alderman Thomson, that the by-laws outlined in the report be repealed,
and further that submissions be requested from other interested persons and
individual major con~nercial enterprises prior to consideration of a further
regulatory by-law. The motion Carried with Alderman Jaluvka voting contrary
and all others in fayour.
MUSIC ON NIAGARA TRANSIT BUSES
Camunitarian No. 48 - Niagara Transit - The communication provides informs-
tion on the provision of music on Niagara Transit buses in response to a
question raised by a member of Council.
Alderman Sobel felt that the expense of installing and maintaining
aterue units on buses was not promoting use of the buses, particularly in
view of recent fare increases. The Alderman made a motion that Niagara
Transit be advised of Council's disfavour of the matter in the hope'that
this practice would be terminated, however the motion did not receive a
seconder. Both Aldermen MacBain and Thomson voiced their approval of this
type of promotion and felt the program should be continued. Reference was
also made to the many improvements carried out by the Transit Co~nission,
and the level of service provided to the residents of the City. Following
further calmneat, it was moved by Alderman Mann, seconded by Alderman Chessman,
that the communication be received and filed. T~e motion'Carried with Alderman
Sobel voting ·contrary, and all others in layout..
COMMUNICATIONS
No. 49 - Niagara Escarpment Commission - Re: Proposed Maeti.n.g on Changes
to Development Control Area. The communication suggests the dates of
May 9th or May 16th for a meeting between members of the Co;mission and
Council to discuss changes to the Development Control Area.'
ORDERED on the motion of Alderwan Thomson, seconded by Alderman ChesSman,
that representatives of the EScarpment Conmission be requested to attend
a special meeting on changes to the:Development Control Area, on May 16th,
1977, prior to a regular meeting,
REPORTS
No. 162 - ~ity Manager - Re: Proposed By-law to Regulate Fences. The
report recommends passage of a by-law prescribing the height and description
of lawful fences.
Alderman Crows expressed concern over certain provisions in the'by-law,
in particular, three month retrosctivity of the by-law, lack of provision for
legal nonconforming fences subsequent to passage of the by-law, fencing of
pools, restriction on certain fences in areas, agricultural and barbed wire
fencing in rural areas. Alderman Schisler also felt that the section of
the by-law dealing with agricultural fencing did not cover the needs of
residents in rural areas.
Alderman Thomson suggested that the by-law could be deferred for
two weeks pendin~ a more comprehensive ~eport on the provisions of the
by-law.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman,
thst the master be deferred for two weeks, and further that s more comprehensive
report on the proposed by-law be submitted for Couneil's consideration.
- 3 -
No. 163 - His Worship, Mayor Bukator - Re: procedure on Personnel Matters.
The report provides information on the activities of a City foreman in
response to a question raised at a previous meeting, and suggests that in
future, such matters should be discussed in Committee of the Whole.
Alderman Fera felt that it was his responsibility to report any pass ible
irregularities he was aware of, and indicated that if such a situation reoccurred,
he would again report the matter to Council. His Worship, Mayor Bukator agreed
that it was a member of Council's responsibility to report such matters, however
was of the opinion that such personnel matters should be discussed in Connnittee
of the Whole, thereby eliminating the need for anonymity and avoiding unnecessary
publicity.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Mooney, that
the report be received and filed.
No. 164 - City Manager - Re: Tenders for Rental of General Purpose Equipment,
1977. The report recommends that the schedules of tenders received be used
starting with the economically lowest rate for equipment available and
suitable when required for City operations.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that
the report be received and adopted.
No. 165 - City Manager - Re: Rental of Equipment for Landfill Site. The
report recommends that the combined tender submitted by Alcopa Construction
for rental of a front-end loader at $19.50 per hour, and $14.50 per hour
for a dozer be accepted-.I
The Director of Municipal Works provided additional information in
response to a question raised by Alderman Mooney.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobel, 'that
the report be received and adopted.
See Resolution No. 33
No. 166 - City Manager - Re: Contract G.C. 4-77, Sewermain, Watermain and Base
Road Construction in Dorchester Square Subdivision. The report recommends
acceptance of the unit prices submitted by L & N Construction (Niagara) Limited
for the subject contract.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Schis let, that
the report be received and adopted.
See Resolution No. 34
See By-law No. 77-.76
No. 167 - City Manager - Re: Spring Rubbish Collection. The report recommends
that the Spring Rubbish Campaign commence on April 25th and the campaign be
limited to one collection on each route. It is further recommended that the
date and procedures be advertised in the local newspaper and on CJRN.
Alderman Mooney advised that in the past there has been confusion on the
part of the residents as to when the rubbish is to be placed at the curb, and
· requested that the advertisement be specific as to the dates end procedures to
be followed. The Director of Municipal WeTks advised that the advertisement
will specify that there will be one pick-up, and explained that while the
rubbish must be placed at the curb on a specific date, the trucks might not
pick it up that same day, depending on the length of time required to cover
each route.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Jaluvka, that
the report be received and adopted.
No. 168 - City Manager - Re: Ontario Association of Fire Chiefs. The report
recommends attendance of the Fire Chief, and three Area Chiefs at the annual
conference of the Association to be held in Sudbury from May 8 - 11, 1977.
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that
the report be received and adopted.
NOTE: Alderman Thomson abstained from, voting on a conflict of interest.
No. 169 - City Manager - Re: Morrison Street Crossing of Hydra Canal. The
report reconnends that the Region be requested to oversize the storm sewer
being installed from Drummond Road to the Hydra Canal and that the City
indicate its willingness to provide the necessary funding for the~oversized
facility. It is further rec~=nded that the necessary monies be obtained
from the. impost monies collected under By-law 73-267.
ORDERED on the motion of Alderman Thomson, seconded by Alderman 8obol, that
the report be received and adopted. ,,.~.4
-4-
No. 170 - City Manager - Re: Functional Study for Grade Separation of
Conrail Railway near McLeod Road/Stanley Avenue Intersection. The report
recommends that the scheme indicated on Figure 1 of the consultantws report
and supported by the cross-sections of Figures 2 and 3 be approved by
Gounc i 1.
Alderman Thomson pointed out that there was development in the area
that had been approved by Council that would be seriously affected by the
proposed alignment. The Alderman felt that Council should investigate
development in the area and make co~ents to the Region on behalf of the
developers to ensure they are treated fairly prior to approval of the
proposed alignment. Alderman Chessman provided information on the meeting
held at the Region on the proposal, and advised that he had received the
impression the proposed alignment would have the least effect on property
in the area. The Alderman also pointed out that no matter where the
alignment is located, property in the area would be affected.
- The Director of Nun~cipal Works referred to an earlier'decision of
Council approving the east-west main configuration. On that basis, the
Region had authorized their consultant to proceed with the functional
study. It was further pointed out that certain businesses will be affected,
however more will be affected adversely if improvements are not made to
the existing road pattern. Alderman Thomson pointed out that Council had
approved the alignment in a preliminary formwith no indication of the
impact the alignment would have on development in the area.
Mr. M. Holenski of the Region indicated that property owners in the
ares could come in and staff would be willing to meet and explain the
proposal, Their comments would be incorporated into a report for the
Public Works & Utilities Co~nittee and the formulation of a recommendation
to Regional Council. The Region was desirous of receiving Council~s
reaction to the road scheme in order to proceed with the establishment of
the right-of-way, propertyacquisition and securing of necessary approvals
for subsidy purposes.
Following further discussion, it was moved by Alderman Thomson, seconded
by'Alderman Chessman, that the matter be deferred for two weeks in order to
contact property owners in the area, and that a report be prepared by staff
on how the proposed alignment will affect development in the area. The
motion C~ried uuanimously..
No. 171 - City ~enager - Re: Revised Development Plan - Proposed Motel
Extension, Inn by. the Falls Motel on Victoria Avenue. The report ~ecomm~nds
approval of the revised building elevation drawing as submitted.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that
the. report be received and adopted. ;"
No. 172 - City Manager - Re: Site Plan Approval, Proposed Addition to
Provincial Cas on McLeod Road. The report reconwends approval of the amending
site ~lan as submitted.
ORIBRED on the motion of Alderman Schisler, secondeddby Alderman Stewart,
that the report be received and adopted.
No. 173 - City Manager - Re: Traffic By-law. The report provides infornmtion
on the status of the Region~s uniform traffic by-law, .which w~ll be adopted
~n a similar form by area municipalities.
Alderman Crows requested that a further report be submitted to Council
in July after the anticipated finalization of the Region~s by-law.
ORDERED on the motion of Alderman Crows, seconded b~ Alderman Thomson; thst
· 'the report be received and filed, and that a further report on the status
of the uniform traffic by-law be submitted in July of this year.
No. 174 - City Manager - Re: Municipal Accounts. The report recamnends
,,payment of the municipal accounts.
,j. ORDERED on the motion of Alderman Chessman, seconded by Alderman Moonay, that
jx the/report be receivedand adopted.
RESOLUTIONS
· ~:No. 33 - I~NN - SOBOL - RESOLVED Chat the combined tender of Alcops Construction
....... for the rental of a front-and lnader ~t $19~0 per hour, and the rental of a
dosar at $1~O ,per~hour~be accepted-; Al~,~the-qesl ;o~. the Corporation be hereto
affixed. ~
Carried Unanimously
..
-5 -
No. 34 - THOMSON - SCHISLER - RESOLVED that the unit prices submitted by
L & N Construction and Excavating of Niagara Limited for the construction
of sewermains, watermains and base roads in the Dorchester Square Subdivision,
be accepted at the total price of $494,577.21; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously
BY- LAWS
ORDERED on the motion of Alderman Crowe, seconded by Alderman Thomson, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
No. 77-75 - DELETED
No.
77-76 - A By-law to authorize the execution of an agreement with L & N
Construction and Excavating of Niagara Limited for the construction
.... of.sewermains, watermains and base .roads ,in the'Dorchester Square
Subdivision.
No. 77-77 - A By-law to provide monies for general purposes.
Carried Unanimously
ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the
following by-laws be now read a second and third time:
No. 77-75 - DELETED
No. 77-76 - A By-law to authorize the execution of an agreement with'L & N
Construction and Excavating of Niagara Limited for the construction
of sewermains, watermains and base roads in the Dorchester Square
';Subdivision.
No. 77-77 - A By-law to provide monies for general purposes.
· , ... ,. Carried Unanimously
NEW BUSINESS ·
NOISE OF HELICOPTERS
Alderman Sobol referred to a report that the use of new mufflers by
Niagara Helicopters had reduced noise levels by 70%, while the actual reduction
hadbeen from 66 - 73 decibels without mufflers to 59 - 68 with mufflers.
The Alderman felt there was some discrepancy in these fiSures, and suggested
this could possibly be due to the fact that the testing equipment was new
end the operator was unsure of the readings due to wind conditions. It was
moved by Alderman Soboli seconded by Alderman Thomson, that the Department
of Transport be requested to supply a report on the actual sound reduction
using the new mufflers, and further that th~ Department of Transport be
requested to carry out further tests of the new mufflers in the backyards
of area residents under actual conditions. The motion Carried unanimously.
SEGO WORK EFFECTIVENESS STUDY ",
Alderman Fare referred to the Sego Work EffectivenessStudy.carried out
recently, and asked if there would be further discussion of the report. His
Worship, Mayor Bukator suggested that the matter be discussed at a special
meeting to familiarize the new members of Council with the report and work
of various departments. The Mayor suggested that a special meeting be held
at 4:30 p.m. on April 18th with Department Reads, and advised ~hat a
report will be made available for that meeting.
I~XT COUNCIL I~ETING
It was moved by Alderman Mann, seconded by Alderman Moonay, that the
next regular meetin~ of Council be held on April 18, 1977. The motion Cs~r~
unanimously.
P~PORTS TO COUNCIL
-6-
Alderman Crowe referred to a suggestion of former Alderman D. Wallace
to set up a system of ensuring that reports requested by Council are prepared
within a specific amount of time. Alderman Thomson advised that the suggestion
had not been adopted by Council, and that the matter had not been discussed
further.
It was moved by Alderman Orr, seconded by Alderman Stewart, that the
meeting adjourn to Cowmittee of the Whole.
READ AND ADOPTED,
MAYOR ::
Committee Room {~1 [
April 4, 1977 ~
Council met in Committee of the Whole on Monday, April 4, 1977, following
& regular meeting. All members of Council were present. Aldermen Mann presided
as Chairman.
Following consideration of
arose without reporting.
presented, the Committee of the Whole
ADOPTED,
MAYOR
Council Chambers
April 4, 1977
Council reconvened in open session on Monday, April 4, 1977, following
a meeting in Committee of the Whole. All members of Council were present.
H~s Worship, Mayor Bukator presided as Chairman.
The meeting adjourned.
BEAD A ADOPTED,
MAYOR
SIXTEENTH MEETING
SPECIAL MEETING
Committee Rooms ~2 & 3
April 18, 1977
Council met on Monday, April 18, 1977 at 4:30 p.m. in a special meeting.
All members of Council were present with ~e exception of Aldermen Crows,. Orr,
Schisler and Stewart. His Worship, Mayor Bukator presided as Chairman.
WORK EFFECTIVENESS STUDY
Report No. 175 - His Worship, Mayor Bukator - The report provides a history
of the preparation and submission of the Sego International Ltd. Work Effectiveness
Study, and provides comments relative to the implementation of the recommendations
contained therein.
During consideration of the report, various members of City staff provided
information in response to questions raised by members of Council. Alderman
Thomson made reference to a reconraendation in the Sago report, of the formation
of a '~omplaint department", where one person would be responsible for dealing
with public complaints, thereby eliminating the number of steps a member of the
public must go through in having a complaint resolved. The Alderman felt that
this would improve the attitude many citizens have of the City Hall, and would
improve the present complaint system. The Alderman further advised that he
had favoured the idea of a "complaint department" for some time, and referred
to the complaint department established in Napcan, which worked so successfully
that the Township had compiled an information brochure on its operation. The
City Clerk indicated that he would obtain a copy of the brochure for further
study by Council.
Also discussed was the recommendation in the Sego Report of the appointment
of an administrative assistant for the City Manager. Several members of Council
felt that the demands on the City Manager's time justified the hiring of an
administrative assistant to handle the more routine matters requiring attention.
The City Manager explained that he has an Executive Assistant who is very
efficient and is extremely capable in carrying out the functions of her
position. The City Manager advised that the recommendation in the Sago
report referred more to an assistant City Manager, carrying out administrative
functions on behalf of the City Manager. It was felt that the operation of
the City was not large enough to warrant the hiring of an assistant City Manager
at this time. The City Manager did assure Council that his Executive Assistant
was acting the full role of the position, and was not performing usual
secretarial functions.
:
The Personnel Officer also provided information on the City's training
programmes, and the supervision of sick leave benefits in response to questions
raised by Aldermen Chessman and Fern.
Following further discussion, it was moved by Aldermen Mann, seconded by
Alderman Thomson, that the Work Effectiveness Study, as prepared by Sago
International Limited, be received and file~' and that the City Manager be
required to consider recommendations contained therein in an on-going program
to increase the efficiency and effectiveness of all City operations, and
that this program include periodic re-examinations of long established
procedures and programs. The motion Carried unanimously.
GENERAL 0VERVIEW OF CITY OPERATIONS
The City Manager presented a general overview of City operations, which
contained a brief s,,.w~ry of the activities and responsibilities of each
City department. It was explained that each summary was intended to give
a basic outline of the function of the various departmentss and that in
future, infornml meetings could be held at which time more detailed information
could be given by the various Department heads.
It was moved by Alderman Mooney, seconded by Aldermen Mann, that future
meetings be held in order to receive more detailed information on the operation
of various City Departments. The motion Carried unanimously.
:e
-2-
The meeting adjourned to a tour of the various offices and facilities
of the City Hall, ,.aa~aa,
READ AND ADOPTED, ~ ~,.~~.,,.
~ ~ MAYOR
,j
SEVENI'EENTH MEETING
CO~4ITTEE OF THE WHOLE
Committee Room ~1
April 18, 1977
Council met in Co~anittee of the Whole at 7:15 p.m. on Monday, April 18,
1977. All members of Council were present with the exception of Aldermen
Schisler and Stewart. Alderman Orr presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting
READ AND ADOPTED,
Council Chambers
April 18, 1977
Council met on Monday, April 18, 1977 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Aldermen Schisler and Stewart. His Worship, Hayor Bukator
presided as Chairman and offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Thomson,
that the minutes of the meeting held on April 4, 1977, be adopted as printed.
WELCOME
His Worship, Hayor Bukator extended a welcome to a group of Girl Guides
in attendance at the meeting.
bEPUTATIOHE
FAMOUS FRENCH ,GA, LIER~jE~ OF ONTARIO :
C~unicat~on No. 50 - ~. A.D. Henderson - The co~unication requests exemption
for Famous French ~lleries of ~tario from the provisfo~ of the Retail
Business Holidays Act.
It was advised that Mr. Henderson, solicitor for Famous French Galleries
of Ontario was unable to be present at the meeting.
ORDERED On the motion of Alderman Th~mson,~econded by Alderman Mann, that the
natte~be tabled for one week.
CENTRE STREET BUSINESS CO~ITTEE
C~umunication No. 51 - Centre Street Business Con~ittee - The communication
requests Council~e consideration of a number of improvements inthe Centre Street
area.
Nr. Carlos Stranges, President of the Cou~ittee, was granted permission
to address Council on the motion of Alderman Thomson, seconded by Aldernmn Fern.
Mr. Strenges outlined the suggestions the Centre Street Business Connnittee had
formulated to stimulate activity in ~he Centre Street area: 1) That Centre
Street, l~cDoneld Avenue and Clifton Hill be now known as Clifton Hill. It
wee felt timt since the three roadways ran into each other, the single name
would eliminate confusion on the part of tourists. 2) That the parking area
at the Niagara Falls Memorial Arena be used for tourist parking during the
summer months to relieve the congestion at Centre end Victoria, 3) Signs to
indicate that there is municipsl perking ahead, one sign to be located at
Victoria and Centre and another on Clifton Hill before the railway tracks.
4) Improved street lightin8 on Centre Street. The C~=~ittee felt that there
wee inad~quate liBhting on Gentre Street, which discouraged people from
walking alone the street at night. 5) 8i~ning to the Centre Street area
-2-
on Roberrs Street and MacDonald Avenue. This would direct traffic to the
Centre Street area. The Conmittee felt that tourist traffic could also use
this route to gain access to the Q.E.W. On behalf of the Committee, Mr. Stranges
requested Council's consideration of the suggestions.
Alderman Mann expressed concern that the tourist establishment operators
on Clifton Hill should be notified of the suggestions, as a number of the
suggestions would have a direct effect on their operations. The Alderman
also felt that the N.R.T.A. should be asked for co~nnents on the Committee's
suggestions. Alderman Thomson felt that the requests were reasonable,
particularly the suggestion of utilizing the Arena parking area when activities
st the Arena were not scheduled.
Following further discussion, it was moved by Alderman Thomson, seconded
by Alderman Fete, that the suggestions of the Centre Street Business Committee
}e referred to staff, and that staff meet with the Committee to/discuss the
matt~', and .further tha~'a report on the possible,implementation of the suggestic~
be 'su~mitted 'to Council. The motion Carried unanimously. ' ...... c.
UNFINISHED BUSINESS
STORM OF 1977
Report No. 176 - His Worship, Mayor Buhator - The report provides information
on the preparation of costs incurred by the City during the storm of 1977, and
efforts made to arrange meetings between area municipalities, the Region and
Provincial and F~deral authorities to discuss further funding.
~RDERED on the motion of Alderman Fete, seconded by Alderman Crows, that the
report be received and filed.'
REGIONAL POLICIES AND PROCEDURES FOR SUBDIVISION APPROVAL
Report No. 177 - City Manager - The report advises that clarification has been
received on the proposed procedures of the Region in dealing with subdivis ions,
and that the Ministry of Rousing has concurred with the proposed procedures.
It is reco~ended that Council indicate to the Region its agreement with the
final draft of the Proposed Procedures for Processing Plans of Subdivision
. based on the co~,~nt and rec~endation format attached to the report.
ORDERED on the motion of Alderman Crows, seconded by Alderman ChesSman, that
the report be received and adopted.
FUNCTIONAL STUDY FOR GRADE SEPARATION OV~ CONRAIL RAILWAY I~AR MCLEOD ROAD/
STANLEY AVENUE INTERSECTION
Report No. 178 - City Manager - The report provides information on meetings
held with property owners in the area and the Regional Munic{pality of Niagara
to discuss the Regiou's proposal. Also attached to the report is a copy of
a letter directed to the Region regarding a possib'le difference of opinion
on the availability of an access to the former section of McLeod Road at the
west end of the proposed McLeod Road diversions. It is felt necessary that
this connection be permitted, The report reckends that Council approve
the scheme proposed by the Region with the amendment indicated in the letter of
the Director of Nunicipal Works as it relates to the west end of this"proposal.
Hr. E. Clifford, solicitor for property owners. in the area, was granted
permission to address Council on the motion of Alderman Harm, seconded by
Alderman Chessman. Nr. Clifford stated that Council was acting on this matter
too quickly, as the matter first came before the Region on March 24th and
subsequently came to Council on April 4th. Letters were received by property
owners on April 12th requesting comments on the proposal by April 14th.
Reference was made to the 1966 DeLeuw Cather study which proposed the Niagara
Freeway bypassing the entire ·re· and leaving the existing roads as.is, with
an underpeas on l~Lend end Stanley. The Niagara Freeway would make this
'~roposal unnecessary. Nr. Clifford also referred to the Railway Relocation
~tudy approved for the City, and felt that adoption of this proposal without
/lhe benefit of the study would be premature. The study could make this
proposal obsolete. In referring to the estimated cost of ~2~83 million
dollars, Mr. Clifford st·ted that this figure would escalate when considering
'claims for injurious affection of.business in the area, inflation end lend
'~cquisltion costs, and stated that an underpegs on both McLeod and Stanley
:. ~ould be constructed at a lesser cost. The proposal would foul up the present
north/south traffic on Stanley Avenue, and MaLeo4 Reed ,havin~ a perfect
east/west artery Could be served with an ~nderpass of the railway st · lo~er
/~ost, The scheme would be · great 'injury to property owners in the ares and
would do nothing to enhance their businesses, virtuallywreaking the ares an
isolated.cmrciel islaM. Nr. Clifford stated that developmnt in the area
weuld be stalled beeau;a. vof a scheme that might never be rnsliaed, -.
-3 -
Mr. M. Holenski of the Region replied to Mr. Clifford's remarks by advising
that the Region first commissioned the consultants to undertake an investigation
in 1976. The preliminary report was made in the Fall of~lg~6cto the Regional
public Works Committee and invitations were extended to Council and area
property owners. With regard to the 1966 DeLeuw Cather study, that was one of
the reasons DeLeuw Cather was retained to to carry out the McLeod Road/Stanley
Avenue study, by virtue of their prior involvement in reviewing transportation
requirements in the City and to apply past experience and expertise to determine
whether solutions in the report were still valid, and if not, to develop new
proposals. The Region's obvious concern is to provide good transportation for
the commercial, industrial and general public requirements. It was acknowledged
that any estimate after some time lapse would escalate in price. If rail
crossings could have been accommodated in this area, the current road pattern
would have been maintained, however the physical problem of providing such
facilities ruled out that proposal. Mr. Holenski realized that Stanley Avenue
would have a..jog and that traffic would have to negotiate a new alignment,
however it was.!considered':a-reasonable arrangement with proper engineering and
signing would not create any major problem to people unfamiliar with the area,
and local people would soon become familiar with the c~nfiguration. The matter
of injurious affection to abutting properties was acknowledgec~ but any scheme
considered would have an impact on these properties. The arrangement developed
recognized the major concern of minimizing the impact on property. It was also
felt that dealing with the matter now, would reduce the amount of injurious
affection claims that would result if the properties were developed and the
proposal initiated in the future. With respect to the Niagara Freeway, Mr.
Holenski stated that this has been continually reviewed by both the Region and
the City, and was a consideration in the formulation of the proposal. In
response to questions raised by Aldermen Crows and Jaluvka, Mr. Holenski advised
that he would recuuuaend to his Counittee that access be maintained to McLend Road.
With regard to railway relocation, Mr. Holenski stated that this was.,an!innnediate
problem that must be resolved, while implementation of the railway relocation
study would not take place for some time. As far as timing for the proposal,
following receipt of the necessary approvals, a detailed scheme would require
six to eight months for preparation, property acquisition would involve a year
to eighteen months and construction would be in two to three years on the basis
of the project enjoying a high priority.
Mr. G. UngarQ,ssolicitor for Mr. G. DeGiorgio a property owner in the ares,
was granted permission to address Council on the motion of Alderman MacBain,
seconded by Alderman Thomson. Mr. Ungaro felt that the City or Region could be
accused of having constructed a '~larineland Expressway" as the design indicates
McLeod Road veering directly off towards Marineland. Mr. Ungaro wondered whether
tourist traffic warranted an expenditure of $2t83 million dollars, which would
be closer to four million with inflation and other costs. If the only reason
for the expenditure was to allow tourists to move quickly along McLeod Road and
.avoid line-ups for trains, Mr. Ungaro pointed out that the same problem is
experienced on Clifton Hill, end he would sooner see tourists slightly inconven-
ienced than to spend four million dollars of the taxpayers' money. It was felt
that consideration should have been given to a possible decision of the Niagara
Parks Commission to remove traffic fromqueen Victoria park, since the proposed
road pattern will direct.traffic to that ares. Mr. Ungaro stated that there
would be more support for the expenditure if Stanley Avenue were extended and
- an underpass constructed. The costs could then be kept down. Widening of
MaLeod Road would facilitate more traffic and would not involve a large
expenditure since the Region owns a fairly large strip of land on either side
· of the road allowance. It would allow property owners to realize some capital
appreciation of their property rather than severe depreciation. Mr. Ungaro
asked Council to delay the matter in order to .give the rest of the cumunity
an opportunity to express comments and meet with the appropriate agencies to
voice their opinions, rather than have the Region die=eta policies that could
severely hurt tourist establishments in the area.
Mr. Holenski advised that recognizing traffic generators in the area
warranted this type of facility. Marineland is a major traffic generator, and
the Niagara Parks Consulsalon will also be developing a major parking lot in
this vicinity. In terms of Stanley Avenue being developed as a crossing, one
of the major concerns was to develop n scheme that would provide for east/west
as well as north/south crossings of Con-Rail. If the proposal is to receive
approval from the C.T.C. who wil~ be funding as well as Con-Rail, the proposal
must be economically viable. ~he exposure indicates that Stanley Avenue does
not warrant a cEossing at this~time, The proposal provides the type of
uninterrupted crossing of Con-Rail required for east and west which is the major
trnffic.~ovement. Roughly fourteen thousand vehicles use McLend Road per day,
end even with the construction 'of the Stanley Avenue bridge, total volumes on
atnnley would be nowhere near .that of the currant ~igurqs on l~Lend Road.
-4-
Alderman Thomson advised that Council was aware of the problems caused by
Harineland and the future problem from the 'N.P.C. parking lot along with the
rail crossing delays, however pointed out that Council had approved development
in the area that would be seriously affected by the proposal. The Alderman
felt it would be premature to approve the design when the alignment was not
clear, and while there was no definite cormlament from the Region to provide
access to McLeod Road. Alderman MacBain felt that while there was tourist
congestion in the area, the spending of four million dollars on one small
area was not justifiable. The Alderman also felt it was unwise to approve
the concept prior to the railway relocation study.
Alderman Cheesmsn stated that while he was in favour of the proposal, he
felt that a delay of two weeks would.notfcreate any problems. W~ile the
problem was not the merits or demerits of the scheme, the Aldernmn felt the
problem was poor salesmsnship on the part of the Region. Another point to
be considered is injury to property in the ares from long term effects of
not correcting the rood pattern. Tourists are delayed on Clifton Hill,
however residents of Chippaws are delayed at these crossings throughout the
year. The Aldermsn also pointed out that the 1966 DeLeuw Gather study was
more than ten years out of date. Alderman Crows stated that the solicitors
represented a specific interest group and that the matter must be looked at
for the overall benefit to the City. Delhying a decision on the project
would defeat the purpose of keeping costs down. With regard to claims of
injurious affection, the Alderman pointed out that the claims would be
increased if development were permitted to continue. I~Leod Road h~s
experienced an ever increasing traffic flow, due to the Industrial Park, the
Carborundum and in the future with Niagara Squ~re and the Stanley Avenue
b~idge. .If the solution is put off, the problem will grow.
Mr. Holenski stated that he had no instructions to promote this scheme,
only to indicate the Regionss knowledge of transportation requirements. The
Region requires the tityes views on the priority of this work, and if Council
feels that this project does not warrant a high priority, there would be no
lack of projects that could be undertaken elsewhere. In response to a
question raised by His Worships Mayor Bukator, Mr. Holenski advised that
approximately $1.5 million dollars could be realized from the C.T.C., with
i2% being assessed a~ainst the Railway and the remaining cost to be shared
50% by the M.T.C. and 50% by the Region. The Regional share could be
roughly $500,000 if all necessary approvals are obtained.
Following further discussion, it was moved by Alderman Cheesman, seconded
by Alderman Jaluvka,. that the matter be deferred for two weeks until such time
as the Regional Public Works & Utilities Connittee meeting on this matter is
held, and that some c~nt be obtained from the Region in terms of priority
for this project. The motion .C,a~.ried with the following vote:
AYE: Aldermen Chessman, Fare, Jsluvka, MacBain, Orr, Sobel and Thomson.
NAYE: Aldermen Crows. Mann and Moonay.
COP~fi~ICATIONS
NO. 52 - Regional Municipality of Niagara - Re: 1977 Regional Tax Levy. The
c.m~unication advises of the 1977 Regional tax levy.
ORDERED on .the motion of Alderman Mann, seconded by-Alderman Mooney~hat the
communication be received and filed.
No. 53 - East Niagara Housing Authority - Re: Functions of the Authority. The
conmunication provides information on the activities and functions of the East
Niagara Mousing Authority.
OilBRED on the motion of Alderman Mann, seconded by Alderman Chessman, that
the communication.be received and filed.
REPORT
No. 179 - City Manager - Re: 1977 Annual Housing Conference. The report advises
that the astXcistion of,:Ontario,Rousing Authorities is holding its annual
~conference Niagara Falls in September of this year. In previous years.
host cities 'have provided funds for one of the conference luncheons. The
Assetisaiah is requesting that the City provide funds for a luncheon at this
4~conference at s cost of approximately $3,000. It is recommended that Council
tapprove the sponsoring of a luncheon during .the 25th Conference of the Association
of Ontario Homing Authorities end an amount of $3,000 be provided in the
-1977 Operating Budget.
ORDERED on the motion of Aldermen Thomson, seconded by Alderman Fete, thet the
report be received snd sdopted. The motion Carried with :Aldermen Crowe snd lenn
· vatin8 contreryl, and .all others in favour. "'
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CO~4UNICATIONS - Continued
No. 54 - Downtown Business Improvement Area Board of Management - Re: Closing
of Queen Street. The communication requests permission to close Queen Street
from St. Lawrence to Erie on May 14, 1977 for the display and holding of
Autique Car games in conjunction with the Blossom Festival.
In response to a question raised by Alderman Crowe, the City Manager advised
that the cost of erecting barricades and roping off parts of the street would
be absorbed by the City.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the
request be approvedl The motion Carried with Alderman Crowe voting contrary,
and all others in favour.
No. 55 - Canadian Corps Association - Re: Annual Parade. The co~nunication
requests the use of Buttrey Street from Victoria Avenue to River Road during
the Association's annual parade.
ORDERED on the motion of Alderman Cheesmsn, seconded by Alderman Thomson, that
the requestDberapproved.
No. 56 - Ministry of the Solicitor General - Re: Inquest into Death of Frederick
G. Woodgate. The connunication provides information on the Verdict of the
Coroner's Jury of the subject inquest.
ORDERED on the motion of Alderman Mann, seconded by Alderman Moonay, that the
verdict of the Coroner's Jury be referred to the Region for a report relative
to the implementation of the suggested recommendations.
No. 57 - Ministry of Transportation & Cor~nunications - Re: Metric Conversion
of Speed Limits.' The cuuununication provides information on the metric conversion
of speed limits to take effectiin September of 1977.
During consideration of this matter, several members of Council expressed
concern over the cost involved in changing speed lImit signs to reflect speeds
in ktlometres per hour. The Director of Municipal Works advised that the
City had no choice in assuming the cost for the necessary conversion as it
was a provincial law,. however the M.T.C. would provide a 50% subsid7 on the
cost of replacing existing signs.
Alderman Cheesmsn expressed concern over the problems that would be
experienced by motorists in adhering to speed limits posted in kilometres,
when their speedometers would show miles per hour. The Alderman also referred
to the conversion Cable included in the Ministry's c~u~unication which showed
the posted speed for thirty-five and forty miles per hour as being sixty
kilometreS for both speeds. Lundy~s Lane is presently posted at both thirty-five
and forty miles per hour, and the Alderman wondered if the change in speed
limits would still remain after conversion to kilom~tres. The Director of
Municipal Works advised that he would obtain this infornmtion for the Aldermsn.
ORDERED on the motion of Aldermsn Fete, seconded by Alderman Chessman, that
the communication be received and filed. The motion Carried., with Aldermen
· MacBain and Sobol voting contrary and all others in fayour.
No. 58,. Youth Hostel Steering C~.lttee - Re: Operation of Youth HoStel during
S,~,mer 'of 1977, The' Communication requests Council~s approval to continue the
operation of the Youth Hostel at St. Andrew ~s United Church during the summer
of 1977 in order to qualify for govermnent funding.
-ORDERED 'on the motion of Alderman Thomson, seconded by Alderman. Chessman, that
Council approve the operation of the Youth Hostel for 1977.
No. 59 - Arthritis Society, Niagara Falls. Branch - Re: Arthritis Campaign Weeks.
The cou~unication requests that Council proclaim the weeks of May 30 - June 11,
1977 as Arthritis Campaign Weeks.
ORDERED on the motion of Alderman Mann, seconded by Aldermsn Fete, that the
request be approved subject to the established policy on proclsmstions.
No. 60 - Committee Against Repe and Sexus1 Assault - Re: Request for Funding.
The communication requests funds from the City in order to continue the
provision of existing and additional services in the community.
ORDERED on the motion of Alderman 'Crows, seconded by Alderman Sobol, that the
request be referred to the 1977 Operating Budget discussions.
REPORTS '
No. 180'-'City Manager - Re| 1976 Annus1 Report of the City Mansger.'C The
report provides information on civic operations durin~ 1976.
ORDERED on the motion of Alderman Mann, seconded by Alderman Jaluvka, that the
report be received and filed, and copies retained on file for the public.
-6-
No. 181 - Planning & Development Committee - Re: AM-22/76, Imperial Oil Ltd.,
Northwest Corner of McLeod and Dorchester Roads ~ The Con~nittee recommends
that Council certify by resolutinn thst the application conforms to Official
Plan Amendment No. 28 after a further amendment has been approved by the
Hinister of Housing, and further that the application be approved subject to
Development Control.
ORDERED on the motion of Alderman Chessmen, seconded by Alderman MacBalm, that
the recommendations of the Planning & Development Counuittee be adopted.
See By-law No. 77.78
No. 182 - Planning & Development Committee - Re: AM-35/76, D. DfAddio, East
Side of Stanley Avenue. The Co~mittee reco~aends that Council certify by
resolution that the application sonforms to Official Plan Amendment No. 28
of the Niagara Falls Planning Area as amended and approved by the Minister
of Housing and further that the application be approved subject to Development
Control.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the
recommendations of the Planning & Development Committee be adopted.
See Resolution No. 35
See By-lawS~7-79 and
77-80
No. 183 - Recreation Commission - Re: Coronation Recreation Centre Policy. The
Co~ission recon~nends that Council approve the policy for the operation of the
Ceronation Recreation Centre.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Ferns that the
re~-~!~ndations of the Recreation Couauission be adopted..
No. 184 - Recreation Commission - Re: Management Committee - Conannuity Resources
Centre. The report recou~uends that Council appoint a member to this committee
as well as Mr. P.D. Sullivan, Mr. Richard Lundgren, Mr. Wayne Maves, Mr. Wilfred
Hague, Mr. Ed SheraT and Mr. W.A. Rinsper~er.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that
Alderman MacBain be appointed as Council's representative of the Management
Committee, and that the recommended appSintments of the Recreation Commission
be confirmed.
No. 185 - Recreation C~lssion - Re: 1977 Park and School Ground Reservations.
The report recouaaends that the reservations for City parks be assigned as
contained in the schedule and that officisl permits be issued.
Alderman Chessmen inquired as to' why the new tennis courts at Westlane
School were not included in the schedule. The Director of Re,creation advised
that there was a specific agreement on the use of this facility covering use
during school hours once the courts were completed. The schedule included
only facilities that had been reserved by various groups on specific dates.
The new track at Oakes Park had not been included as well, as the facility
required further preparation before use.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobol, that the
rec~-.~,-~edations oE the Recreation Co;mission be adopted.
No. 186 - City Manager - Re: WeSt Meadow Subdivision. The report recommends
approval of · revised. plan of subdivision with the relocation of two semi-
detached lots on the west side of Robin Crescent, and that Council support the
revised standards for two-family lots suggested by the developers.
ORDERED on the motion of Alderman Fern, seconded by Alderman Sobol, that the
report be received and adopted.
"No. 187 - City Manager - Re: Municipal Fire Department Instructors ~ Conference.
The report reco;wnends the attendance of' the Director of Training at 'the annual
conference to be held in Hamilton from May 15 - 18, 1977.
ORDERED on the motion of Alderman Chessman, seconded by Alderman MacBain, that
the report be received and adopted.
No. 188 - City Manager - Re: C.P.A.C, Workshop. The report reckends the
attendance of the Planning Direator at the workshop to be held in Ottawa on
May 5, 6 and 7, 1977.
ORDERED on the motion of Alderman Thomson, aeoonded by Alderman Fera, that the
report be received and adopted..
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No. 189 - City Manager - Re: By-laws for Road Construction Projects. The
report advises that prior to the calling of tenders for various road projects,
it is considered advisable to publish notice of Councilfs intention to undertake
the works end to establish public highways where applicable. It is reconnnended
that the appropriate by-laws be passed.
ORDERED on the motion of Alderman Mann, seconded by Alderman Chessman, that
the report be ~eceived and adopted.
See By-laws 77-82, 77-83
77-84, 77-85 and 77-86 _
No. 190 - City Manager - Re: proposed Capital Expenditure Projects. The report
advises that the 0nt@rioMunicfPet-Boardtwill require regional.municipalities to
examine.evidence of neceS~ity on certain capital projects submitted by area
municipalities for approval and forwarding to the Ontario Municipal Board. The
Northwest Recreation Project and Niagara South Recreation Centre Phase 2 are
considered to fall into this category, and should Council wish to proceed with
the two projects, a copy of the report will be forwarded to the Regional
Municipality of Niagara.
Aldermen Th~on suggested that when the report justifying these projects
is sent to the Region, mention should be made of the fact that in the case of
the Northwest Recreation Project, the lands are to be acquired from Ontario
Hydro at a cost much less than if acquired from a private developer.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Crows, that the
report be received and adopted, and forwarded to the Regional Municipality of
Niagara.
No. 191 - City Manager - Re: Construction on Chippaws Power Canal at Dorchester
Road/Highway 420 Interchange. The report recommends that Royal Manor Drive be
closed to traffic during the construction period required to complete the work
by the M.T.C. on the understanding that the work would be suitably advertised
and that all restoration work required on City property caused by the M.T.C.
work, be at the expense of the Ministry.
ORDERED on the motion of Alderman Chessman, seconded by Aldermen Fern, that
the report be received and adopted.
No. 192 .- City Manager - Re: Policy for Parade Requests. The report .recordhands
that Council adopt the following policy relating to parade requests: "That all
requests for parades to be held in the City of Niagara Falls be approved by the
City Manager, subject to the approval of the Regional Municipality o~ Niagara
(where Regional Roads are concerned) and that the Police. Fire and Ambulance
authorities be notified of each parade route in advance."
ORDERED on the motion of Alderman MacBain, seconded by Alderman ThomSon, that
the report be received and adopted. ~
· No. 193 - His Worship, Mayor Bukstor - Re: Recommendations of the Mayor~s
Connittee on Housing. The Mayor~8 Committee on Housing rec~u~end8 that Council
request the Ontario Housing Corporation to initiate the planning and construction
of family type town house units on the lands being assembled by ~he City, being
located on the northwest corner of Simcoe Street and Buckley Avenue and com-
prising approximately 0.75 acres on the besets of full repayment to the City
for monies expertdad in lsnd acquisition. It is further recc~unended that Council
authorize the Planning Director to commence advance planning for 350 senior
citizen units and 50 family units in line with the new approach recently
announced by the Honourable John Rhodess Minister.of Housing.
Alderman Mann requested that in the future, Council consider tbcating
senior citizen housing in the southern section of the City, particularly
Chippaws. His Worship, Mayor Bukstor advised that the Mayores C~mlttee on
Housing would consider this matter at future meetings.
ORDERED on the motion of Alderman Mann, seconded by Alderman Cheesmar~, that
the report be-received and adopted.
See Resolutions No. 36
and 37
No. 194 - City Manager - Re: Building Permits. The report provides a breakdown
of the permits issued by the Building & Development Department during the month
of March, 1977.
ORDERED on the motion of Alderman Thomson~ seconded by Alderman Fern, that the
report be received and filed.
No. 195 - City ManaRer - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
on tha motion of Ald. n cry...Coo.dad by A.ermanMao"ain, that the
be'~eceived and adopted., . .... 8
--8-
PaSOLUTION~
ORDERED on
be grantdd
time:
No. 35 - THOI~ON - FERA - RESOLVED that the Council of the Corporation of
the City of .Niagara Falls hereby certifies that the application of D. D'Addio
for the rezoning of property situated on the east side of Stanley Avenue,
conform to Official Plan Amendment No. 28 of the Niagara Falls Planning Area
as amended and approved by the Fdnister of Housing; AND the Seal of the
Corporation be hereto affixed.
Carried Urmnimoua ly
No. 36 - FANN - CHEES~AN - RESOLVED that the Planning Director be authorized
to commence advance planning for 350 senior citizen units and 50 family units
in line with the new approach recently announced by the Honourable John
Rhodes, l~tnister of Housing; AND the Seal of the Corporation be hereto affixed.~
Carried Unanimously
No. 37 - HANN - CHEESPAN - RESOLVED that the Council of the Corporation of the
City of Niagara Falls requests the Ontario Housing Corporation to initiate the
planning and construction of family type house units on the lands being
assembled by the City, being located on the northwest corner of Simcoe Street
and Bucklay Avenue and comprising approximately 0.75 acres on the basis of fulli
repayment to the City for monies expended in land acquisition; AND the Seal
of the Corporation be hereto affixed.
Carried Unanimously
BY- IA~
the motion of Alderman Mann, seconded by Alderman Thomson, that lea
to introduce the following by-laws, and the by-laws be read a first
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. (AH-22/76,
Imperial Oil Ltd.)
No. 77-78 -
No. 77-79 - A By-law to amend By-law No. 5335, 1955~ as amended. (AM-35/76,
D. D'Addio)
No. 77-80 - A By-law to authorize the execution of a release of a covenant.
(D. D'Addio)
No. 77-81 - A By-law to allow the maintaining and using of a building which
encroaches on Terrace Avenue.
No. 77-82 - A By-la~ respecting the widening and reconstr~c=~gn of Churchill
Street from Dell Avenue to Drummond Road.
No. 77-83 - A By-law respecting the widening and reconstruction of Cadham Street!
from Pope Avenue to .Drem~ond Road. :
No. 77-84 - A By-law respecting the widening and reconstruction of Certain stree
in the Drummond South Redevelopment Area of the City. '
No. 77-85 - A By-law to provide for the construction of Kister Road and its
establishment as a public highway.
No. 77-86 -
No. 77-87 -
A By-law to establish certain lands as parts of Palest Avenue and
Ontario AVenue and to provide for the construction .of a roadway ther
A By-law to provide monies for general purposes,
Carried with Alderma
. voting contrary on B
77-78, and all other
' yoting in fayour.
ONDBR~D on the motion of Alderamn Bsnn, seconded by Aldermen Sobol, that the
.follesin8 by-laws beano~ reed s seoond and third time:
,No, 77.:.78 - A By-law to amend By-law No. 2530, 1980 of the former Township of
Stamford, now in the-City of Niagara Fetls,=~e :amended. (AM-22/76,
Imperial Oil Ltd,) .
No~ 77-79 - A By-law to amen4 By-law No..5335, 1955, es amended. (AM-35/~6,
'-' D, D*Addio)
-9-
No. 77-80 - A By-law to authorize the execution of a release of a covenant.
(D. D~Addio)
No. 77-81 - A By-law to allow the maintaining and using of a building which
encroaches on Terrace Avenue.
No. 77-82 - A By-law respecting the widening and reconstruction of Churchill
Street from Dell Avenue to Drununond Road.
No. 77-83 - A By-law respecting the widening and reconstruction of Cadham Street
from Pope Avenue to Dr~m~nond Road.
No. 77-84 - A By-law respecting the widening and reconstruction of certain streets
in the Drtnmnond South Redevelopment Area of the City.
No. 77-85 - A By-law to provide for the construction of Kister Road and its
establishment as a public highway.
No. 77-86 - A By-law to establish certain lands as parts of Palmar Avenue and
Ontario Avenue and to provide for the construction of a roadway thereon.
No. 77-87 - A By-law to provide monies for general purposes.
Carried with Aldermen Fera
voting contrary on By-law
77-78, and all others
voting in favour.
NEW BUSINESS
NOISE OF BELXCOPTERS
His Worship, Mayor Bukator advised o~a~omplaint:received:from .Mx. KR.'McGregor
regarding noise from helicopters in the Sixth Avenue area. The Mayor expressed
his concern over this matter in view of the fact that the helicopters were only
to fly over the golf course and along the river. Alderman theeamen advised
that he had spoken toM r. Edwards of Niagara Helicopters concerning the flight
patterns of the helicopters, and Hr. Edwards had indicated that any pilots
not flying along the agreed patterns would be fired. Alderman Crows advised
that the Hydro was checking lines with the use of helicopters, and that this
could be the reason for the complaint. It was moved by Alderman Mann, seconded
by Alderman Crows, that Mr. F. Edwards of Niagara Helicopters be requested
to attend the next Council meeting to provide ~n explanation of the complaint.
The motion Carried unanimously.
Y.M.C.A~ POOL
'Alderman Thomson advised that he had received a call from a young resident
indicating that he would be out of a Job because of a decision made by the City
to discontinue use of the Y.M.C.A. pool this year. The Aldermen pointed out
that this decision had not been made by Council, and requested that an
explanation be provided.
KELOCATION OF ONTARIO PROVINCIAL POLICE
Alderman Thomson referred to a recent decision of the Ontario provincial
Police to relocate Provincial Police Headquarters staff to Burlington, and the
impact this decision would have on the co,~unity. The move would mean SeVenteen
citizens must leave the City involving a $250,000 payroll, and the loss of
$15,000 revenue from gasoline sales among other effects.on the City. It was
moved by Alderman Thomson, seconded by Alderman Crows, that a letter be sent
to the Attorney General of Ontario requesting the reason for the decision to
relocate, and advising him of the impact this move will have on the City.
The motion Carried unanimously,
It was moved by Aldermen CroWnmaligned by Alderman Thomson, that the
meeting adjourn.
READ AND ADOPTED, i~ ~ : "':}
. . ; -,
EIGHTEENTH MEETING
COMMITTEE OF THE WHOLE
Con~nittee Room ~1
April 25, 1977
Council met in Conmittee of the Whole at 7:00 p.m. on Monday, April 25,
1977. All members of Council were present with the exception of His Worship,
Mayor Bukator, and A~derman Schisler. Alderman Stewart presided as Chairman.
Following consideration of the~i~ eros presented, the Committee of the
Whole arose without reporting; - ' ·. =
Council Chambers
April 25, 1977
Council met on Monday, April 25, 1977 at 7:30 p.m. for the purpose of
cons idering general business. All members of Council were present wi~h the
exception of Ms Worship, Mayor Bukator and Alderman Schisler.
RESOLUTION
No. 38 - MANN - 0RR - RESOLVED that Alderman S .W. Thomson be appointed
Presiding Officer for the meeting of April 25, 1977, in the absence of His
WorShip, Mayor Bukator; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
Alderman Orr offered the Opening Prayer.
ADOPTION 0FMINUTES
ORDERED on the motion of Alderman Mann, seconded by Alderman Fare, that
the minutes of the meetings held on April 18, 1977, be adopted as printed.
DEPUTATIONS
NIAGARA CABLE WAY
Communication No. 61 - Mr. J. Bredstick - T~ connnunication advises of a
proposal of york-Mannover Developments Ltd. to construct a cable car system
from the lands on the Canadian side of the Niagara River presently known as
Oneida Tower lands across the Niagara Gorge to a proposed site on the
American side of the Border. Mr. J. Dowd an attorney practising in New York
State is acting on behalf of Maid of the Mist Corporation w~?~ll participate
on an equal basis with York-Mannover in the Joint venture.
Mr. J. Bredcrick was granted petlnission to address Council cn the motion
of Alderman Fera, seconded by Aldermen Stewart. Mr. Bredcrick advised that he
was acting on behalf of york-Mannover Developments Ltd. in connection wiEh a
· proposal to construct a cable car system from the Canadian side of the Niagara
River across the gorge to Niagara Falls, New York. While various governmenEal
approvals were required, it was felt that the proposal should first come
before Council, since without Council~s support, it would be impossible to
continue with the project. Approvals will be required from the Niagara Parks
C~maission to cross their lands, the Frovincisl Government for crossing of s
provincial higineay, and the Federal Govermaent for crossing the international
border. Approval in principle had been granted by the Niagara Falls, New York
Redevelopment C~ittee who will be recommending this approval to the council
of that City. Mr. D. Chapman provided a detailed explanation of the proposal,
which bes,ically is a Swiss bi-cable track system in the double reversible
mo~. Two cabins would shuttle back and forth on a continuous loop haul rope.
-2-
The length of the system would be approximately 3600 feet containing a drive
and tension station and two steel pylons for cable support. The cabins would
hold a maximum of 140 persons with a maximum capacity of 2800 persons crossing;
per hour. All special safety features would be incorporated according to the
latest regulating codes. The cable way would connect the tourist canires of
the two cities. Depending on the outcome of an environmental impact study,
the drive stations would be located to give the best possible view of the
River and Falls for passengers. bit. Broderick requested that Council give
approval to the project in principle, subject to the receipt of all necessary
approvals from the various governmental bodies involved.
Mr. Broderick and Mr. Chapman provided additional information on the
proposal in response to questions raised by members of Council. Alderman
Crows expressed concern over Council granting approval in principle for use
as an endorsement of a project when little knowledge of the proposal was
available. Alderman MacBain agreed, however pointed out that a project of
this magnitude must start somewhere. Mr. Broderick pointed out that the
matter would again be consider~d by Council for a zoning by-law.amendment
to provide relief from height restrictions', and if any- member- of Council
had reservations, they could be considered at that time.
Following further discussion, it was moved by Alderman MacBain, seconded
by Alderman Orr, that preliminary approval in principle be granted, subject tc
the receipt of all necessary approvals. The motion Carried with Alderman Cro~
voting contrary, and all others in fayour.
OPERATION OF HELICOPTERS
bit. Frank Ed~ards of Niagsra Helicopters was granted permission to ;~dres,
Council on the motion of Alderman Chessman, seconded by Alderman Fern.
answer to a recent complaint of low flying helicopters made by Mr. R. McGregor
of Sixth Avenue, Mr. Edwards advised that on the Sunday mentioned, his
helicopters had taken off to the south in the wind and had crossed the~
Cyanamid building to gain elevation, which is permissable. It was also
advised that on that same weekend, an O.P.P. helicopter had been flying low
in the area, and other helicopters were in the City. Mr. Edwards pointed
out that Ontario Hydro uses helicopters in checking lines, and this could
be the cause of some complaints. Unfortunately, many residents in the City
assume that any helicopter flying in the area is a Niagara Helicopters machine.
when quite often there are military, police and Hydro helicopters flying in
the City. In response to a question raiSed by Alderman Chessman, Mr. Edwards
stated that shy of his pilots who do not comply with the agreed flight
patterns and elevations would be fired, since the existence of his company
was at stake. He suggested that any person bothered by low flying helicopters
in residential areas should sttempt to determine the type 'of machine involved
(i.e. Hydro, police, military) or call Niagara Helicopters. Mr. Edwards
assured Council that he would handle each complsint ~mmediately.
Alderman Thomson, Presiding Officer, thanked Mr. Edwards for attending
the meeting and answering questions that had arisen ssa result of the recent
complaint. It was hoped that the continued co-operation of Mr. Edwards would
be beneficial in resolving any future complaints regarding the operation of
helicopters in the City. ~"'
UNFINISHED BUSINESS
RAII~/AY RELOCATION STUDY
Report No. 196 - His Worship, Mayor Bukator - The report recoumends that
Council Confirm the Cityts representatives on the RAilway Relocstion Advisory
:Co~nittee in order to carry out the study in conjunction with the Region,
the Province and the Federal Government. An appointment is r~quired to
replace former Alderman Harrigsn on the Committee.
ORDERED on the:motion 'of Alderman MacBsin, seconded by Alderman Chessman,
that the report be received end a4opted, 'and that Aldermsn Crows be appointed
tose~ve on the Committee.
LITrRR CONTAIHERS
Report No. 197 - City MansSer- The report rec~...ends that in view of adverse
~o~ments to the Ecolad propossl from local business assosications, and the
_ rapidly approaching tourist season~ that the busknees 'associations be requested
to submit any suggestions prior to November 1, 1977 in order that a further
report can be ~submitted to Council prior to preparation o~ the 1978 budget.
-3 -
It is also recommended that the 1977 Budget be increased by $7,000 to
maintain the current City service, and that Staff be authorized to purchase
the necessary containers required.
Mr. G. Awad of Ecolad Corporation was granted permission to address
Council on the motion of Alderman Mann, seconded by Alderman Cheesman.
.Mr. Awad explained that Ecolad was a completely Canadian owned firm manu-
facturing in Ontario. In recognizing the litter problem in muny municipalities
his firm had designed a receptacle that was durable and provided at no cost
to municipalities through the use of advertising. An educational program had
also been established through the use of "Ricky Receptacle" to be displayed at
local elementary schools, shopping centres and on major street corners.
Mr. Awad advised that St. Cstharines, London, Mississauga, York, Etobicoke
and Windsor have adopted this program in their municipalities. The signs on
the receptacles are prepared by the ftrm~s art department, and are well done.
Minor Jobs are created for young people to keep the receptacles washed on a
regular program. The units are very expensive on a retail level, and
therefore are maintained on a regular basis. Mr. Awad requested that any
d~msge] that. ~a~ .~a~en place, be reported ~mmediately to arrange for repairs.
Concern was expressed by several members of Council that sufficient
units. be available for use in time for the tourist season. Mr. Awad stated
that he could have some units available by the first of June, but due to
prior commitments with othe~ municipalities, those obligations would have
to be met first. Every effort would be made to supply some units in time
for the tourist season. The City Manager suggested that the units available
could be used in the critical areas first, and the existing containers owned
by the City could be utilized until new units are available. The Director
of Municipal Works advised that in previous discussions, Ecolad had indicated
they would have no objection to a clause in the agreement whereby termination
of the agreement would take place if maintenance and replacement of containers
was unsatisfactory.to the City. It was also pointed out that the various
business groups in the City had been opposed to the proposal from the
advertising point of view. Alderman MacBain suggested that a clause could
be included in the sgreement providing for the City~s approval of all
advertising prior to installation o~ the units.
Following further discussion, it was moved by Alderman Mann, seconded
by Alderman Fera, that the City enter into an agreement with Ecolad Corporation
for a three year period, on the understanding that units would be available
for u~e prior to commencement of the .tourist season. The motion Csrried
unanimously. .-
CO~JNICATIONS
No. 62 - Niagara Promotion Association - Re: Blossom Festival Week. The
connunication requests that the week of May 6 - 15, 1977 be proclaimed as
the "Official BlossnmFes'tival Week".
ORDERED on the motion of Alderman MacBsin, seconded by Alderman Fare, that
the request be appro~,'ed subject to the established policy on proclamations.
NO~E:. Aldermen Mann and Stewart were.absent when the vote was taken on
this matter.
No. 63 - Niagara promotion Association - Re: Blossom Festival Activities.
The communication requests approval and assistance for various activities to
be held during the BlossnmFestival.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Fern, that
the necessary permission be granted to conduct the ySrious activities outlined.
rNOTEI Aldermen Mann and Stewart ~ere absent when the vote was taken on
this matter. ·
No. 64 - Regional Municipality of Niagara - Re: Public Works Week. The
cowmunication invites the participation of the City in promoting knowledge
of the role and responsibilities of the Public Works Department during
Public Works Week, May 22 - 28, 1977.
ORDERED on the motion of Alderman MacBain, seconded by Alderm~n Fern, that
the City of Nia~ra Falls participate with the Region during PUblic ~orks
Week.
NO~. Aldermen Mann and-Stewart ware absent when the vote was t~ken on
this matter. . .... 4
-4-
REPORts
No. 198 - Planning & Development Committee - Re: AM-6/77, J.D. Willjams,
8627 Lundy's Lane. The Committee recommends that Council certify by resolutic
that the application conform to Official Plan Amendment No. -28 -of the Nisgar~
Falls Planning Area as amended and approved by the Minister of Housing, and
further that the application be approved subject to Development Control.
ORDERED on the motion of Alderman Fare, seconded by Alderman Crows, that
the reco~mendations of the Planning & Development Committee be adopted. The
motion Carried with Alderman Sobol voting contrary, and all others in layout.
NOTE: Alderman Stewart was absent when the vote
was taken on this matter.
See Resolution No.
See By-law No. 77-
No. 199 - Planning & Development Comittee - Re: AM-11/77, Cupulo's Cycle and
Sports Ltd., South Side of Ferry Street and West Side of Stanley Avenue. The
C~mnittee reco~nnends 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, and further that the
application be approved subject to Development Control.
ORDERED on the motion of Alderman Crows, seconded by Alderman Orr, that the
recommendations of the Planning &Development Committee be adopted.
See Resolution No,
See By-law No. 77-
No. 200 - City Manager - Re: Fire.Pepartment Rose. T~e report recommends that
the quotation submitted by George Angus (Canada) Limited in the total amount ~
$5,429.16 for the supply of Fire Department hose, be accepted.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera,:that th
report be received and adopted.
See Resolution No.
No. 201 - City Manager - Re: Request for Need and Demand Survey by Ontario
Housing Corporation. The report recursends passage of a resolution requesting
the Ontario Housing Corporation to carry out, as soon as possible, a Need and
Demand Survey under the new terms of reference recently set up by the Housing
Corporation as part of the Province*s new approach to providing public and
rent assisted housing.
ORDEREDDon the motion of Alderman Crows, seconded by Alderman Sobol, that
the.report be received and adopted.
See Resolution No.
No. 202 - City Manager - Re: Street Name Coun. ittee and Policies and Procedures,
for the Naming of Streets, Subdivisions and ResidentLa% Developments. The
report recommends approval of the Revised Policies and Procedures for the
Naming of Streets, Subdivisions and Residential Developments for the City of
Niagara Falls..
Alderman Thomson, Presiding Officer, inquired if the policy covered only
new streets and residential developments, or if existing streets that conflict
with other street names would be covered under the policy as well.' The
Director of Municipal Works advised that the Cc~muittee would consider name
changes for existing streets, a rumher of which are under consideration and
will be brought to Council.
ORDERED on the motion of Alderman Mann, seconded by Alderman Fera,.that the
report be received and adopted.
No. 203 - ~tty Manager - Re: 1977 Parking Fund Budget. The report reck,--ends
adoption of the proposed 1977 Perking Fund Budget.
ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the
~eport and 1977 Parking Fund Budget be adopted~ . ~
NOTE: Alderman Oft was absent when the vote was .taken on this matter.,
No. 204 - City Manager - Re: Sale of Lot 17, Falls Industrial Park. The repor
recommends .passage of a by-law to authorize the sale of Lot 17 to Specialty Ca
Matale Ltd. for.$30,~7O.O0;
~ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the
~'report be received and adopted.
See By-law No. 77-
:NOTE: ~ ~ldernmn Orr was absent-~hen the'Vote~was
taken on this
4
-5 -
No. 205 - City Manager - Re: Oakes Park Running Track. The report recommends
that the proposal of Dektite Limited in the amount of $29,400 be accepted; that
D.L. Stephens be awarded the concrete curbing work at a price of $5.90 per
linq=ft.; and that the City Manager be authorized to call quotations from
three local contractors for the paving work and award the work to the low
tendeter.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the
report be received and adopted.
See Resolution No. 43
No. 206 - City Manager - Re: Ontario Traffic Conference Convention. The report
recommends the attendance of two members of Council and two members of staff at
the convention to be held in Sault Ste. Marie from May 29 - June 1, 1977.
It was moved by Alderman MacBain, that two members of staff or one member
of staff and one member of Council be authorized to attend the convention. The
motion was not seconded. Alderman Stewart advised that benefits were received
in elected officials attending conferences of this nature from discussion of
new traffic concepts and regulations. The Alderman further advised that from
his attendance at such conferences, he had become aware of how highly other
municipalities thought of this City's officials.
Following further comment, it was moved by Alderman Mann, seconded by
Alderman Crowe, that the report be received and adopted, and that Alderman
Stewart. be authorized to attend the annual convention of the Ontario Traffic
Conference. The motion Carried with Aldermen MacBain and Moohey voting
contrary, and all others in favour. ~
No. 207 - City Manager - Re: 1977 Asphalt Overlay Program. The report recom-
mends that the proposed 1977 Asphalt Overlay Program be approved and ~n
allocation of $71,000 + $30,000 be provided in the 1977 Operating Budget;
and further that the Director of Municipal Works be authorized to proceed
with the tender call on the understanding that no contract will be awarded
until the 1977 Operating Budget is approved by Council.
ORDERED on the motion of Alderman Mann, seconded by Alderman Crowe, that
the report be received and adopted.
No. 208 - City Manager - Re: 1977 Sidewalk Repair Program. The report recom-
mends that the proposed 1977 Sidewalk Repair Program be approved and an
~llocation of $90~800 be provided in the 1977 Operating Budget; and further
that the Director of Municipal Works be authorized to proceed with the tender
call on the understanding that no contract will be awarded until the 1977
Operating Budget is approved by Council.
ORDERED on the motion of Alderman Mann, seconded by Alderman Crowe, that the
report be received and adopted.
No. 209 - City Manager - Re: 1977 Surface Treatment Program. The report
recommends that the proposed 1977 Surface Treatment Program be approved and
an allocation of $134,000 be provided in the 1977 Operating Budget; and
further that the Director of Municipal Works be authorized to proceed with
the tender call on the understanding that no~ontract will be awarded until
the 1977 Operating Budget is approved by Council.
ORDEREF0n the motion of Alderman Mann, seconded by Alderman Crows, that the
report be received and adopted.
' No. 210 - City Manager - Re: Policy for Proclamations. The report recommends
that requests for proclamations be approved by the City Clerk, subject to the
requesting organization providing the appropriate wording and absorbing the
cost of printing the proclamation in the local newspaper,
Alderman Crowe requested that Council be kept aware of such proclamations
prior to their printing in the press.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fare, that the
report be received and adopted.
'No. 211 - City Manager - Re: Development Plan Approval, Proposed Apartment
Building Development Lifestyle Homes, Dorchester Road and Royal Manor Drive.
The report recommends approval of the subject Development. Plan as submitted.
ORDERED on the motion of Alderman CrOws, seconded by Alderman Stewart', that
the report be received and adopted.
No. 212 - City l~nager ~ Re: Conveyance of Part of Township Lot 73, North
Side of S~. John Street, East of Sinnicks Avenue. The report advises of an
-6-
offer received from Slovak, Sinclair, Crowe '&Lucas regarding the possible
conveyance free of charge of a parcel of land east of Sinnicks Avenue and
immediately adjacent to the Canadian Ohio Brass property. In view of
maintenance problems, and the unsuttability of the property for epor~s
activities, it is the opinion of staff that the property should not be
accepted by the Municipality. i
ORDERED on the motion of Alderman Moonay, seconded by Alderman Stewart, that
the offer be declined with thanks, and the report he received and filed.
NOTE: ~Atde_rm~.nj Crowe*abstained,,from vo~ing ;on-a conflict of interest.
No. 213 - City Manager - Re: Municipal Accounts. The report recommends paymenj
of the municipal accounts.
The City Treasurer provided an explanation of Cheque ~10443 in response
to a question raised by Alderman Stewart.
ORDERED on the motion of Alderman Orr, seconded by Alderman Stewart, that the
report be received and adopted.
RESOLUTIONS
No. 38 - SEE PAGE ONE
No. 39 - FERA - eReWE - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that the application of J.D. Williama
for the rezoning of part of Township Lot 134, situated on the north side of
Lundyss Lane, conforms to Official Plan Amendment No. 28 of the. Niagara
Fdll~ Plannin~ Area, "~s 'amended and approved byi:the Minister of Housing; AND
the Seal of the Corporation be hereto affixed.
Carried with Alder
Sobol voting contr
and allmothers pot
in layout.
No. 40 - CROWE - ORR - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that the application of Cupulo's Sports!
Avenue, conform to Official Plan ~endment No. 28 of the N~gara Falls
~lsnnins Area, as amended s~ approved by the M~nister of Ho~n~; AND the
S~l o~ ~he Corporation be hereto alfred.
Carried U~nimousl
No. 41 - CROWE - SOBOL - RESOLVED that the Council of the Corporation' of the
City of Niagara Falls hereby requests the Ontario Housing Corporation to carry
out, as soon as possible, a "Need and Demand Survey" under the terms of
reference recently set up by the Housing Corporation as part!of the Province~s
new approach to providing public and rent assisted housing; AND the Seal of
the~CorpO~ation'.'~ 'he~e~O'af~ixed. :'" ....
,., Carried Uuanimousl
.No. 42 - CNEESI~AN - FERA - RESOLVED that the quotation submitted by Oeorge
Angus (Canada) Limited for the supply of Fire Department hose be accepted in
the total amount of $5,429.16; AND the Seal of the Corporation be hereto
affixed.
Carried Unanim&usl
No. 43 - SOBOL - REBA - RESOLVED that the quotation of"l)ektite Limited for
the supply of necessary UniRoyal additives for the surface asphalt course,
technical assistance including specification of mix design, asphalt placement
· 'and rolling, the lining and painting of the track, certification of all markim
~to meet International Amateur Athletic Federation requirements and 5-year
~tmrantee, be accepted in the amount of $29,400 for the Oaken Park Running
Track; end further that the quotation of D.L. Stephens for concrete curbing
at the Oaken Park Running Track in the amount of $5.90 per lineal foot be
accepted; AND the Semi of the Corporation be hereto ~fixedt
'.-' ~ -" .'- . · C~rried Unsnimousl
BY-IAWS
: ORDBRED on the motion of 'Aldermen Fern, seconded by Alderman Stewart, that
leave be Sranted to introduce the followir~ by~laws~ and the by-laws be read
a first time:
No. 77-88 - A By-law to amod By-law No. 2350, 1959 of the former Tow.nshlp of
No. 77-89
No. 77-90
No. 77-91
- No. 77-92
- 7 -
Stamford, now in the City of Niagara Falls, as amended. (AM-6/77,
J.D. Willlama)
- A By-law to amend By-law No. 5335, 1955, as amended. (AM-11/77,
Cupuloss Sports & Cycle Ltd.)
- A By-law to authorize the sale of land in the Falls Industrial Park.
(Lot 17, Specialty Cast Metals Ltd.)
- A By-law to provide monies for general purposes.
- A By-law to amend By-law No. 76-51, providing for appointments to
certain Boards, Commissions and Couauittee8. (A. Macklem - Court of
~:Revtsion) Carried with Alderman
Sobol voting contrary
on By-law 77-88, and
all others voting in
favour.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Moohey, that the
following by-laws be now read a second and third time:
No. 77-88 - 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. (AM-6/77,
J.D. Willisms) ':
No. 77-89 - A By-law to amend By-law No. 5335, 1955, ~s amendea~ (AM-11/77, ' 'Cupulo's Sports & Cycle Ltd.)
No. 77-90 - A By-law to authorize the sale of land in the Falls Industrial Park.
(Lot 17, Specialty Cast Metals Ltd. )
No. 77-91 - A By-law to provide.:monies for general purposes.
No. 77-92 - A By-law to amend By-law No. 76-51, providing for appointments to
certain Boards, Commissions and Committees. (A. Macklem - Court of
Revision) Carried with Alderman
Sobol voting contrary
on By-law 77-88, and
all others voting in
favour.
f ,
NEW BUSINESS
BRIDGE OVER LYONE CREEK ....
Alderman Mann advised that the water'is lo~ ia-ty~aa, C~e~,.a~d boats
are unable to pass under the bridge on t~e Creek'due to debris dropped'into
the water in this area. The Director of Municipal ~orks advised that he
would investigate the matter.
COt~ENTS OF ALDERI~N N. KEELER. NIAGARA-ON-THE-lAKE
Alderman Mann referred to a recent article in the St. Catharines Standard,
wherein Alderman N. Keeler of Niagera-on-the-Lake is quoted as saying that a
motel proposal for the Town was un~m~ginstive, and would be more{~suitable for
the City of Niagara Falls. The Alderman felt this was a very negative con~nent
against the City, in view of the many attractive connnercial and government
buildings in Niagara Falls. Alderman Mann.advised that he would be pleased
to invite Alderman Keeler on a tour of the City to view the many beautiful
and art=active properties in Niagara Falls.
WILLOUGHBY DRIVE
Aldermmn Moonay refer=ed to the poor condition of Willoughby Drive from
Cattell Drive to Welubrenner Road, where roadside ditches are filled with water
and refuse. The Alderman had received numerous complaints from parents of
children who must travel alonS this section of roadway several times a day
to attend school. The City Manager advised that a report would be prepared
on this matter concerninB sidewalk and road construction schedu~e~ to be
carried. dut.
-8-
LIGHTING - Q .E .W./LYOI~ CHEEK INTERCHANGE
Alderman Stewart advised that under foggy conditions, it was impossible
to see the roadway at the Q.E.W./Lyons Creek Interchange, and suggested that
lighting should be installed. It was moved by Alderman SteWart, seconded by
Alderman Crowe, that the M.T.C. be requested to improve lighting conditions
at the Lyon, Creek Interchange with the Q.E.W. The motion Carried unanimousl~
PROMOTION AND ADVERTISING OF CITY AT CONFEHENCES
Alderman Stewart advised that representatives from other municipalities
attending conferences quite often distribute small promotional items which
advertise their respective cities. The Alderman suggested that such material
be provided to officials from the City when attending conferences. Alderman
Thomson, Presiding Officer indicated that there are a number of promotional
items available through the Mayors, Office that could be obtained for
distribution at conferences.
It wasn~oved by Alderman Mann, seconded by Alderman Fera, that the meetir
adjourn to Committee of the Whole.
KEAD AND ADOPTEDs
PKESIDING OFFICE~'
Committee Room
April 25, 1977
Council mat in Committee of the Whole on Monday, April 25, 1977, followiR
a regular meeting of Council. All members of Council were present with the
exception of His Worship, Mayor Bukator and Alderman Schisler. Alderman Stews
presided as Chairman.
Following consideration of the
arose without reporting,
READ AND
presented, the Co~ittee of the Wholl
: PRESIDING ~FFICER
Council Chambers.
April ?_5, 1977
Council reconvened in open session on Monday, April 25, 1977, following a
meeting in Consnittee of the Whole. All members of Council were present with
the exception of His Worship, Mayor Bukstor and Alderman Schislar. Alderman
Thomson presided as 'Chainnan.
The meetin~ adjourned.
NINETEENTH I~ETING
Committee Room
May 2, 1977
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole at 7:00 p.m. on Monday, May 2,
1977. All members of Council were present with the exception of Aldermen
Crows and Orr. Alderman Thomson presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting. &Aaaa
READ AND ADOPTED,
JRK~
MAYOR
Council Chambers
May 2, 1977
Council met on Monday, May 2, 1977 at 7:40 p.m. for the purpose of
cons idering general business. All members of Council were present wi~h the
exception of Alderman Orr. His Worship, Mayor Bukator presided as Chairman.
Alderman Mann offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that
the minutes of the m~eting held on April 25, 1977, be adopted as printed.
DEPUTATION
FAMOUS FRENCH GALLERIES OF ONTARIO
Mr. A. Henderson, solicitor for Famous French Galleries of Ontario, was
granted permission to address Council on the motion of Alderman Fera, seconded
by Alderman Mann. Mr. Henderson requested that an exemption under the
Retail Business Holidays Act be granted for Famous French Galleries of Ontario
· who operate their business on Victoria Avenue. The business relies on the
tourist trade as well as local trade in order to make their investment
profitable. Mr. Henderson advised that under the Act, a particular business
cannot be exempted, but classes of bus inssacs may, and he suggested that an
'exempting by-law be passed which would allows.art galleries in the City of
Niagara Falls to refnnin open on Sundays.
ORDERED on the motion of Alderman Thomson, seconded by Alderman MacBain, that
the request be referred to the Regional Municipality of Niagara for passage of
the appropriate by-law.
NOTE: Alderman Jaluvka declared a conflict of interest and abstained from
votin~ on this matter.
UNFINISHED BUSINESS
FUNCTIOHAL STUDY FOR GRADE SEPARATION OF CON-FAIL RAILWAY R~AR MCLEOD ROAD/
STANLEY AVENUE INTERSECTION
Report No. 214 - City Manager - The report provides infornmtion on recent
meetings held at the Regional level on this project, and confirmation received
from Regional staff that access to McLeod Road would be strongly recommended
I~ "' ~U' _..,/~ to the Regional Public Works & Utilities C~ittee. The report requests the
direction of Council on the project
,~ OFFICER , C~unication No. 65 - Regional Municipality of Niagara - Advising that the
" Re2ional Public Works & Utilities Committee tabled the report of the consulting
firm of DaLeme Cather on the xealignment of Stanley Avenue and HaLSod Road for
two weeks, pendin~ receipt-of c~nts from the City of Niagara Fall$.
-2-
Communication No. 66 - Mr. E. Clifford - The communication conmeats on the
proposal, and offers other solutions .to the traffic problem.
Conn.unication No. 67 - Canadian Carborundum Co. Ltd. - The co~nunication
supports the proposal of the Region, and advises that the proposal will
greatly assist traffic in the area.
Mr. C.H. Eidt, Director of Engineering for the Region, was granted
permission to address Council on the motion of Alderman Crows, seconded by
Alderm~n Thomson. In response to comments raised in Mr. Cliffordts- letter,
Mr. Eidt advised that an underpass could not have been constructed on McLeod
Road since there was insufficient room to allow for approaches between Stanlel
would be double the cost for the one underpass proposed in the s s
scheme. In general, Mr. Eidt advised that when preliminary proposals were
prepared in 1976, the Region had selected the proposed alignment as the most
suitable and had directed the consultant to prepare a detailed study on that
basis. Comments and submissions of all interested parties willlbe considered
by Regional staff prior.to submission of a 'report to the Public Works &
Utilities Committee. If any of the suggestions contained in the submissions
show merit, Regional staff would recommend their adoption. With regard to
railway relocation, Mr. Eidt advised that if railway relocation were to take
place shortly, the consultant's proposal would not proceed, however in his
opinion, Mr. Eidt did not feel railway relocation would take place in
this lifetime. Construction would be scheduled in the Region's budget within
two to five years, pending receipt of all necessary approvals.
Following additional discussion, it was moved by Alderman Mann, seconded
by Alderman Crows, that the recommendations contained in the DeLeuw Cather
functional study for the grade separation of ConRail Railway near the McLeod
Road/Stanley Avenue intersection, be approwed subject to the provision of
adequate access to the existing section of McLeod Road. The motion ,Carried
with Alderman MacBain voting contrary, and all others in layout.
COMMUNICATIONS
No. 68 - Minister of Housing - Re: Appointment of R.W. Rodman to the Muntcipal~
Engineers Association/Ministry of Housing Liaison Co~anittee. The communicatic
requests the endorsement of Council to Mr. Rodman's appointment to the liaiso~
committee.
ORDBRED on the motion of Alderman Thomson, seconded by Alderman Fera, that the.
appointment of Mr. R,W. Rodman to the Municipal Engineers Association/Miniatr~
of Housir~ Liaison Co~nittee be endorsed,
No. 69 - Alderman Nellie Keeler - Re: C~ents of Alderman Mann. The cun~nunic
apologizes for any misunderstanding that may have ari e as s result of
comments regarding Niagara Falls, and the invitation of Alderman Mann to tour
various buildings in the City is accepted.
ORDERED on the motion of Alderman Mann, seconded by Alderman-Thanson, that the
co~auunication be received and filed.
REPORTS
No. 215 - Recreation CommiSsion ,- Re: Area Recreation Board Appointments. The
Commission recommends various appoin~ments to each of the Area Recreation Boar
as well as the appointment of a member of Council to each Board.
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that th
appointments outlined in the report be confirmed, end further that Alderman
Moohey be appointed to the Niagara South Recreation Board, and Alderman MacBai
be appointed to the Niagara Central Recreation Bo~rd.
No. 216 - Recreation Canmission - Re: Winratio Funds for Queents Silver Jubile
~977, The Commission recam~ends that an application be submitted to the Minis
of Culture & Recreation for a Winratio grant under the category "The Queen~s
Silver Jubilee 1977", to be co-ordinated by the Recreation Commission for the
Greater Niagara Senior Citizer~t Association and the Niagara Promotion Associa
for the opening of the Coronation Recreation Centre.
The Director of Recreation provided additional information on funding in
'response to a question raised by Alderman Sobel.
ORDERED on the motion of Alderman Thomson, seconded by Aldermen Chessman, that
the =ecou~nendatien of the Recreation C~ission be odeprod.
No. 21' - Recreation Commission - Re: 1977 Annual Ontario Municipal Recreation
Association Conference. The Commission rec~i~uends the attendance of
-3-
Mrs. Frances Dane a member of the Commission, the Program Co-Ordinator and
the Director of Recreation at the Ontario Municipal Recreation Association
Conference to be held in peterborough from May 25 - 28, 1977.
ORDERED on the motion of Alderman Mann, seconded by Alderman MacBain, that
the recommendation of the Recreation Commission be adopted.
No. 218 - City Manager- Re: Annual Conference of purchasing Management
Association of Canada. The report recommends the attendance of the Purchasing
Agent at the conference to be held in Winnipeg, Manitoba from June 8 - 10, 1977.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Ja.~uvka, that
the report be received and adopted.
No. 219 - City Manager - Re: City of Niagara Falls Recreation Policy and Official
Plan Amendment No. 86. The report reconnnends passage of a by-law which will
adopt the park conveyance policy section of the Recreation Policy.
ORDERED on the motion of Alderman Mann, seconded by Alderman Cheesman, that
the report be received and adopted. See By-law No. 77-93
No. 220 - City Manager -.Re:.T..V. Sewer Inspection & Hydraulic Cleaning of
.Sewers and Culverts. The report recommends acceptance of a tender submitted
by Juhlke Thuro Ltd. for T.V. sewer inspection and hydraulic cleaning of sewers
and culverts.
ORDERED on the motion of Alderman Sobel, seconded by Alderman Thomson, that the
report be received and adopted.
See Resolution No. 44
No. 221 - City Manager - Re: Proposed Extension of Downtown Business Improvement
Area. The report advises that sufficient signatures have been received on a
petition'in objection to the proposed extension of the Downtown Business Improve-
ment Area, and under the Municipal Act, Council shall not pass the by-~aw to
extend the present boundaries of the improvement area. It is recommended that
the Board of Management of the Downtown Business Improvement Area be notified
of the receipt of the petition and the prohibition imposed by the Municipal Act
on the final reading of the proposed by-law.
ORDERED on the motion of Alderman Theme. on, seconded by Alderman Fern, that the
report be received and adopted.
No. 222 - City Manager - Re: Site Plan Approval for Proposed Apartment Building,
Heritage Drive. The report recommends approval of the site plan as submitted.
ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the
reportbe received end adopted.
NOTE: Alderman Jaluvka declared a conflict of interest and abstained from
voting on this!matter.
No. 223 - City Manager - Re: Ontario Home Renewal Program (Rental). The report
retreads approval of the policy for the Ontario Home Renewal Program (Rents 1)
in order that implementation of the program can conunence, sad the $75,000
funded by the Province can be provided for use by owners of rental units.
In response to a question raised by Alderman Chessman, the City Manager
advised that applications will be accepted from all parts of the City, with
the exception of N.I.P. areas.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Moohey, that
the report be received and adopted.
No. 224 - City Manager - Re: Remuneration - Members of Court of Revision. The
'report recommends that the existing rate of $15.00 per member per sitting for
-the Court of Revision, be increased to $20.00 per member per sitting, effective
April 1, 1977.
ORDERED on the motion of Alderman Mann, seconded by Alderman Moohey, that the
report be received and adopted.
See By-law No. 77-94
No. 225 - City Manager - Re: Municipal Accounts. The report retreads payment
of the municipal accounts.
ORDERED on the motion of Alderman Moohey, seconded by Alderman Thomson, that
the report be received and adopted.
RESOLUTIONS
No, 44 - SOBOL - THeNSON - RESOLVED that the tender submitted by Juhlke Thuro
Limited be' accepted at the tendered prices of 30.0¢ per foot for jT.V. inspection,
-4-
$1.00 per photo and $45.00 per hour for delay, 7.9¢ per foot for hydraulic
cleaning of sewers and $250.00 per day for cleaning of culverts; AND the
Seal of the Corporation be hereto affixed.
Carried Unanimous
B Y- lAWS
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
No. 77-93 - A By-law to provide for the conveyance to the City of land for pa~
purposes as a condition of development or redevelopment of land
residential purposes.
No. 77-94 - A By-law to provide for remuneration of the members of the Court
Revision for the City of .Niagara Falls·
No. 77-95 - A By-law to repeal certain-by-laws relating to store hours of ret~
establishments.
No. 77-96 - A By-law to provide monies for general purposes.
Carried With Alde'
Jaluvka voting col
on By-law 77-95,.
all others voting
favour.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobol, that the
following by-laws be now read a second and third time:
NO ·
77-93 - A By-law to provide for the conveyance td the City of land for pal
purposes as a condition of development or redevelopmeat of land f
residential purposes.
No. 77-94 - A By-law to provide for remuneration of the members of the Court
Revision for the City of Niagara Falls.
No. 77-95 - A By-law to repeal certain by-laws relating to store hours of ret,
establishments.
No. 77-96 - A By-law to provide monies for general purposes.
Carried with Alde'
Jaluvka voting co
on By-law 77-95, ~
all others voting
' favour.
NEW BUSINESS
PARKING ON BRIARWOOD AVENUE
Alderman Thomson advised that he had received a call from a resident
living near the tennis courts on Briarwood Avenue regarding parking of carS.
The Aldernmn advised that cars are parked on both sides of the roadway near
the courts, creating e dangerous situation for persons crossing the road
between the parked cars. It wouldalsolbe~difficult for fire department
vehicles to get through this section of roadway due to the parked cars.
It was moved by Alderman Thomson, seconded by Alderman Mann, that a report
be prepared on the possibility of prohibiting perking on one side of
Briarwood Avenue near the tennis courts. The motion Carried unanimously.
COI. fi~9~RCIAL FLOOR SPACE IN NIAGARA FALLS
Alderman Thomson stated that many people have approached him regarding
the smount of commercial floor space in the City, and whether or not the
population of the City is sufficient to warrant the amount of c~.~ercial floox
spsce. Studies to determine the amount of conxnercisl floor space in the
City, sad the fscilities required to serve the citisens of Niagara Falls,
had been carried out a number of years ago, however since ~hnt time, with
the construction of Niagara Square and the various other new plazas, the
~mount of commercial floor space in the City would have substantially
increased.. It was moved by Alderman Thomson, seconded by Alderman Cheesman
-5 -
that the Planning & Development Committee be requested to review the amount
of commercial floor space in the City, and report back to Council on a policy
regarding possible limitations on future expansion of commercial facilities.
The motion Carried unanimously.
BUILDING ACCESS TO HANDICAPPED pERSONS
Alderman Chessman referred to the problems experienced by handicapped
persons in obtaining access to buildings and recent changes made in building
regulations which setcertain'standards ensuring that access can be provided
to handicapped persons in new construction. The Alderman felt that the City
should go on record as encouraging people to construct buildings in the City
which are more accessible to the handicapped. In response to a comment
made by Alderman Thomson concerning work of the Social Planning Council,
Alderman Cheesmen advised that he was referring to encouragement to provide
means of access and facilities o~et and above the standards set down in the
Building Code, for both new construction and in existing buildings. It was
moved by Alderman Cheesmsn, seconded by Alderman Crowe, that the City make
a statement of encouragement to those citizens who plan and build structures
in the City designed to accommodate handicapped persons. The motion parried
unanimously.
It was moved by Alderman Crowe, seconded by Aldermen Stewart, that the
meeting adjourn to Committee of the Whole.
READ AND ADOPTED, -
CO~"', _ .:LE
MAYOR
Committee Room {~1
May 2, 1977
Council met in Committee of the Whole on Monday, May 2, 1977, following a
regular meeting of Council. All members of Council were present with the
exception of Alderman Orr. Alderman Thomson presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
READ AND ADOPTED,
MAYOR
Council Chambers
May 2, 1977
Council reconvened in open session on Monday, May 2, 1977, following a
meeting in Connnittee of thaW hole. All members of Council were present with
the exception of Alderman Orr. His Worship, Mayor Bukator presided as
Chairman.
The meeting adjourned.
READ AND ADOPTED,
MAYOR
TWENTIETH MEETING
Committee Room ~1
May 9, 1977
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole at 7:00 p.m. on Monday, May 9,
1977. All members of Council were present with the exception of Aldermen
Crowe and Orr. Alderman Fera presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting
READ AND ADOPTED,
CLERK
MAYOR
Council Chambers
May 9, 1977
Council met on Monday, May 9, 1977 at 7:30 p.m. for the purpose of
cons idaring general business. All members of Council were present wi~h the
exception of Aldermen Crowe and Orr. His Worship, Mayor Bukator presided as
Chairman. Alderman Moonay offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Mann,
that the minutes of the meeting held on May 2, 1977, be adopted as printed.
UNFINISHED BUSINESS
ADVISABILITY OF PASSING BY-LAWS TO HEGULATE STORE HOURS
Report No. 226 - City Manager - The report recommends that no action be taken
at this time to impose store closing hours. If problems do arise, by-laws can
then be considered in order to correct a specific problem.
ORDERED on the motion of Alderman Thomson, seconded by Alderman MacBain, that
the report be received and adopted.
PROPOSED BY-LAW TO PRESCRIBE THE HEIGHT AND DESCRIPTION OF LAWFUL FENCES
Report No. 227 - City Manager - Information~i_s provided on the major requirements
of the proposed by-law, end it is recoupsanded that the report be received and
passingof the by-law be deferred two weeks in order to provide Council with
ample opportunity to thoroughly study its contents.
During the discussion on this matter, several members of Council pointed
out that adequate coverage of the by-law should be made in the press to ensure
that the public is aware of the provisions of the by-law. Additional information
was provided to members of Council in response to questions raised.
O~DERED on the motion of Alderman Thomson, seconded by Alderman Sobol, that
the report be received and passing of ~he by-law be deferred two weeks.
STORM OF 1977
Report No. 228 - His Worship, Mayor Bukator - The report provides information
on arrangements made to date by the area municipalities and the Region to meet
with Provincial officials in order to discuss the provision of additional funds
to cover storm related costs.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Chessman, that
the report be received end filed.
APPEAL BY CITY OF PORT COLBORNE OF REGIONAL SEWER AND SEWAGE SERVICE RATES
Report No. 229 - City MensEer - The report recommends that the City oppose
Port Golbornets appeal, and that Council authorize the City 8olicitor end
Director of Municipal Works to appear at the Ontario Municipal Board hearing
to support the Region's opposition to the appeal by the City of Port Colborne,~
ORDERED on the motion of Alderman Chessman, seconded by Alderman Mann, that
the report be received and adopted.
COMMUNICATIONS
70 - Chamber of Commerce - Re: Remuneration to Council Members. The community,
suggests that Council consider annual reviews of salaries with the necessary
increments which a ear nacce tabl to tax .
ORDERED on the motion of Aldernmn Thomson, seconded by Alderman Chessman, that'
the communication be received and filed.
REPORTS
No. 230 - Planning & Development Committee - Re:.Restricted Area By-law 76-571''~
East Side of Willoughby Drive and Caronpost Road. The, Committee rec6mmends
the Ontario Municipal Board be requested to extend-the'deadline o~ May 16th
the by-law approval to June 30th in order for the developer to submit detailed~
plans for this particular area.
ORDERED on the motion of Alderman Fern, seconded by Alderman Mann, that the
recommendation of the Planning & Development Committee be adopted.
No. 231 - City Manager - Re: O.G.R.A. Conference.
The report provides inforu~
on the proceedings of the annual conference of the Ontario Good Roads Associat
held in Toronto during February of 1977.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that then
report be received and filed.
No. 232 - City Manager - Re: Sewer Installations to Service 6861 Waters Avenue]
Mr. B. DiDomenico. The report recommends that upon, receipt of the required
monies Prom the owner, the City call for quotation ~tds from local contractors[
to have the work carried out as soon as possible. "'
-:6RDERED on the motion of Alderman Chessman, seconded by Alderman Thomson, that
the report be received and adopted.
No. 233 - City Manager - Re: Report of the Niagara Region Study Review Conmiss
The report suggests that members of Council review the Niagara Region Study
Review Cnsnission report and prepare any comments they wish to be incorporated'
in the City's submission to the Ministry. of Treasury,-Economics and Inter-
governmental Affairs.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobel, that a
special meeting be held for the~consideration~of connnents~to!be incorporated-
into a brief to the Ministry of Treasury, Economics and Intergovernmental
Affairs. ~
No. 234 - City Manager - Re: Resolutions from Other Municipalities. "T.
1).City of Windsor - Requesting the Ontario Police Commission and Attorney-Gen
to reconsider the need for a separate police control computer.
Recommendation - That the request of the City of Windsor be endorsed.
ORDERED on the motion of, Alde~manr'Cheesman,:secOnded.by;Alderman.Thomaon, that
the resolution be.endorsed.,
2) City' of Guelph - Requesting Federa1.~and Provincial governments. to, ban,then
· i importation,of the "Death Race Game".
Recotumendation - That the resolution be received and filed.
ORDERED on the motion of Alderman Sobel, seconded by Alderman Jaluvka, that th
resolution be endorsed. The motion Carried with Alderman Fern voting contrary
and all others in layout.
3) City of Hamilton - Requiring candidates for municipal office.to disclose
,their sources-of campaign funds.
Recommendation - For the cons ideration of Council.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobel, that the
~esolution be endorsed. The motion Carried with Aldermen Chessman and Schisle:
voting contrary, and alltethers in {aVour.
4) City of Windsor - Requesting an increase in the fees paid'to Jurors.
Recommendation - That the resolution be endorsed.
ORDERED on the motion of Alderman Thomson, 'seconded by Alderman Schisler, that
the resolution be endorsed.
5).City of Windsor - Re: RequestinS that current subsidy categories be changed
to add Winter Control.
- Rec~endstion - That the resolution be received and filed.
ORDERED on the motion of Alderman Sobel, seconded by Alderman Thomson, that tht
resolution be received and filed. '
-3 -
6) City of Hamilton - Requesting an amendment to the Bread Sales Act to permit
the sale of bread having various weights.
Reconnnendation - That the resolution be endorsed and the appropriate authorities
so notified.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Jaluvka, that
the resolution be endorsed and the appropriate authorities so notified.
7) Corporation of the Townships of Shackleton &Machin - Opposing any amendments
to the Drug Control Act.
Recommendation - That the resolution be received and filed.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mooney, that the
resolution be received and filed.
No. 235 - City Clerk - Re: S,,mmer Student for Local Architectural Conservation
Advisory Committee. The report recommends that permission be granted to take
advantage of student assistance as provided by the Experience '77 Program, and
that a sum not exceeding $500 be provided in the current budget for stationery
supplies and travel expenses.
ORDERED o~ the motion of Alderman Chessman, seconded by Alderman Schisler, that
the rep6r~ ~e r~ce~ved:'~nd adopted. ~-' ~.~ ~! i ....
No. 236 - City Manager - Re: Request for Additional Senior Citizens Units. The
report recommends passage of a resolution approving a proposal by O.H.C. to
acquire Block 'U", Registered Plan M-33, for the purpose of constructing 120
senior citizen units, subject to O.H.C. obtaining any rezontngs necessary to
permit the proposed project.
Alderman Fern expressed concern over the location of the housing near
such a busy street as Portage Road, since the heavy traffic could be a safety
hazard to the senior citizens. Alderman Mooney advised that the site would
be ideal due to its close proximity to shopping since many senior citizens
do not drive.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sc~isler, that
the repor~ be received and ad~pted. ~ ..... "" see Resolution No. 45
No. 237 - City Manager - Re: Municipal Accounts. The report reconnnends payment
of the municipal accounts.
The City Treasurer provided information on Cheque #10714 in response to a
question raised by Alderman Sobol.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the
report be received and adopted.
RESOLUTIONS
No. 45 - MANN - JALUVKA - RESOLVED that the Council of the Corporation of the
City of Niagara Pallsapproves a proposal by Ontario Housing Corporation to
acquire Block "J", Registered Plan M-33 for the purpose of constructing 120
senior citizen units, subject to Ontario Housing Corporation obtaining any
rezonings necessary to permit the proposed project; ANN the Seal of the Corp-
oration be hereto affixed. ~w
-Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
No. 77-97 - A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the
former Township of Stamford, now in the City of Niagara Falls, as
amended. (AM-14/76, Drummond Park Village)
No. 77-98 - A By-law to provide monies for general purposes.
Carried Unanimously
ORDERED on the motion of Alderman Cheesmsn, seconded by Alderman Mooney, that
the following by-laws be now read a second and third time:
No. 77-97 - A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the
former Township of Stamford, now in the City of Niagara Falls, as
amended. (AM-14/76, Dr.~mond Park Village)
-4 -
No. 77-98 - A By-law to provide monies for general purposes.
Carried Urmnimous],
MEW BUSIMESS
FENCE DAMAGE CLAIMS
Alderman Schisler referred to a number of claims submitted by rural props
owners for fence damage as a result of snow clearing operations during the
of 1977, and suggested that the_City investigate each claim to verify whether
not the claims are legit{r, nte. The Alderman felt there were situations where
the claims were Justified, since snow ploughs had moved on to private property
to damage some of the fences. Alderman MacBain suggested that the reports on
the validity of claims should be made to the City Solicitor, as the matter coup-
result in litigation. The City Solicitor advised that the proper procedure
would be refer the reports to the Legal Department, and the matter would then
be taken up in Committee of the Whole as a prlvileged matter. It was moved by
Alderman Schisler, seconded by Alderman Thomson, that inspections of farm fence{
damage be carried in order to verify legitimacy of such claims, and further
thst the inspection reports be referred to the City Solicitor, following which
the matter will be considered in Committee of the Whole. The motion Carried
unanimous ly.
It was moved by Alderman Moohey, seconded by Alderman Chessmen, that the
meeting adjourn.
READ AND ADOPTED,
TWENTY-FIRST MEETING
Council Chambers
May 16, 1977
Council met on Monday, May 16, 1977 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of His Worship, Mayor Bukator and Alderman Fera.
RES OLUT ION
No. 46 - JALUVKA-- SCHISLER - RESOLVED that Alderman S.W. Thomson be appointed
Presiding Officer for the meeting of May 16, 1977, in the absence of His
Worship, Mayor Bukator; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
Alderman Crows offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that
the minutes of the meeting held on May 9, 1977, be adopted as printed.
DEPUTATIONS
MR. W. MCBURNEY RE: TAXES ON 4457 BUTTREY STREET
Communication No. 71 - Mr. W. McBurney - The communication advises of problems
experienced as a result of an error in assessment. The property had been
assessed as vacant land, and the error was discovered in 1976. At that time,
a bill was sent to the owners requiring payment of full taxes for the years
1974, 1975 and 1976.
Mr. W. McBurney was granted permission to address Council on the motion
of Alderman Sobol, seconded by Alderman Stewart. Fir. McBurney referred to the
past history of the matter and requested the assistance of Council in resolving
the matter, which he considered to be an error on the part of the Assessment
Department for which he should not be made responsible. The City Treasurer
advised that according to the Assessment Act, the City has the right to levy
taxes for the current year and two preceeding years, and the onus is upon the
taxpayer to ensure that the taxes are properly levied and paid. When the
assessment notice was sent to Mr. McBurney, the opportunity was available for
appeal within a certain time period. At this time, the City has no authority
under the Municipal Act and Assessment Act to do anything about the taxes.
In response to a question raised by Mr. McBurney, the City Clerk explained
that Section 636 of the Municipal Act provides the circumstances under which
a rebate on taxes can be made, and the time period within which application
must be made. Several members of Council also provided additional information
on the appedl procedures. ~
Following further discussion, it was moved by Alderman Mann, seconded
by Alderman theeamen, that the cu~unicstion be received and filed. The
motion Carried unanimously. The City Clerk indicated that he would provide
Mr. McBurney withan explanation of the assessment appeal procedure.
MRS. F. 8NARPE RE: POSSIBLE PARKING PROHIBITION ON CUEClINGS LAl~
C~unication No. 72 - Mr. &Mrs. J. Sharpe - The communication requests the
installation of no parking signs on one or both sides of Cummings lane.
Mrs. F. Sharpe was granted permission to address Council on the motion
of Alderman Jaluvka, seconded by Alderman Cheesman, Mrs. 8harpe advised that
she and her husband recently built a house on C,,mnings lane and had become
aware of the number of cars parking on the lane. People living 0n Bridgewater
park ca~s not only on the opposite of Cummings lane, but on the same side as
the Sharpe's home, under their windows. Requests to the residen~s concerned
met with no success. Mrs. Sherpe further advised that with cars parked on
both sides of the roadway, fire end ambulance vehicles would have difficulty
in gaining access in an emergency. It was requested that Council prohibit
perkinS on either one side or both sides of Cu~nnings lane.
-2-
Mr. N. Lent was granted permission to address Council on the motion of
Alderman Mann, seconded by Alderman Orr. Mr. Lent advised that he frequentlyV
does have visitors, many of whom park on C~mwnings Lane due to the heavily
travelled nature of Main Street and Bridgewater. The cars are parking off
the travelled portion of the roadway, and do not impede traffic in any way.
Mr. Lent pointed out that Mr. &Mrs. Sharpe had not even moved into their
house as yet, and many of the residents and children in the area were
reluctant to have the Sharpes as neighbouts. Mr. Lent further advised that
he saw no necessity in proh~biting parking on C,~ings Lane.
It was moved by Alderman Moohey, seconded by Alderman Cheesman, that
the matter be referred to staff for the preparation of a report. The motion
Carried unanimously.
UNFINISHED BUSIR~SS
CLOSING OF PART OF SIMCOE STREET AND ONTARIO AVENUE - PAI/~R AVENUE EXTEh~IONg
Report No. 238 - City Manager - The report recamnends passage of a by-law to
authorize the stopping up and closing of Simcoe Street and Ontario Avenue at
their intersection with Palmar Avenue.
ORDERED on the motion of Alderman Mann, seconded by Alderman Chessman, that
the report be received and adopted.
See By-law No. 77.
COMMUNICATIONS
· No. 73 - Regional Municipality of Niagara - Re: Toronto Island Airport. The
communication requests endorsation of a resolution concerning the retention o~
the Toronto Island Airport for general aviation and STOL service and a requestf
to the Province to develop a policy concerning regional air service for
southern Ontario.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the.'
resolution be endorsed.
No. 74 - Welland Rose Festival - Re: Celebrity Dart Tournament. The cormunits
extends an invitation to members of Council to participate ~ the Celebrity Ds
Tournament to be held in conjunction with the annual Rose Festival in Welland...
ORDERED on the motion of Alderman Mann, seconded by Alderman Jaluvka, that the~
ORDERED on the motion of Alderman Moohey, seconded by Aldermen Stewart, that
pennission be granted subject to'receipt of all other necessary approvals.
REPORTS
No. 239 - City Manager - Re: Lapse of Draft Plan Approval - Bambi Estates
Subdivision. The report reco-wends thatcCouncil, by resolution, agree to the
extension of the date of draft plan approval for the Bambi Estates Subdivision
so that the developer can submit an application to the Ministry of Housing for
the required extension.
ORDERED on the motion of Alderman Mann, seconded by Alderman Moonay,' that the'
report be received and adopted.
See ResOlution No.
NOTEsAlderman Crows declared a cnnflict of interest
and abstained from voting on this matter.
No. 240 - City MatmSer - Re: R.C. 7/77, Palmar Avenue Extension, The report
recamends acceptance of the bid submitted by Damore Bros. Limited for construl
Of the Palmar Avenue Extension.
ORDERED on the motion of Alderman S0bols seconded by Alderman Schisler, that t]
report be received and ~dopted.
See Resolution No.
gee By-law NO. 77-'
.No. 241 - City Msn~aer - Re: Tree Planting Contract. The report reconxnends thz
Gsuld Nurseries Limited be awarded the contract for the 1977 tree plantin~ proi
Alderman Mann suggested that this report be referred to the bndget dis-
cussions as he felt th~t plrt of the tree planting program could be deleted
/
- 3 -
in an effort to reduce the budget without reducing other services to the
Itaxpayers.
ORDERED on the motion of Alderman Mann, seconded by Alderman Crowej that the
report be referred to the budget discussions.
No. 242 - City Manager - Re: Rental of Equipment for Weed Control. The report
recommends acceptance of tenders submitted by Mr. E. Murchie for mowing of weeds
and chemical weed control.
ORDERED on the motiqn of Alderman MacBain, seconded by Alderman Stewart, that
the report be received and adopted.
See Resolution No. 49
See By-law No. 77-102
No.
and the Ontario Municipal Water Association. The report recommends the attendance
of two members of staff and one member of Council at the conference to be held in
London from June 5 - 8, 1977.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Stewart, that the
report be received and adopted.
No. 244 - City Manager - Re: Annual Conference of Association of Municipal Clerks
and Treasurers. The report recommends the attendance of the City Clerk and City
Treasurer at the conference to be held in Toronto from June 19 - 22, 1977.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that
the report be received and adopted.
No. 245 - City Manager - Re: BOCA-CBOA Conference. The report reco~ends the
attendance of the Building & Development Co-ordinator and one member of the
Building & Development Department at the Joint conference to be held in Toronto
from May 29 - June 3, 1977.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Stewart, that
the report be received and adopted.
No. 246 - City Manager - Re: Willoughby Drive. The report recommends that the
roadway reconstruction work be csrried out in the 1978 construction ~rogram as
originally scheduled, and further that sidewalk construction on this roadway
be postponed and be carried out along with roadway reconstruction in 1978.
Alderman Moonay was critical of the fact that the work was scheduled in
1978, which could mean the end of 1978, and was dependent upon findings of a
consultant~s report that had not even begun. The Director of Municipal Works
advised that the terms of reference for the study were completed and both the
Region and Conservation Authority have indicated their acceptance of them.
A consultant will then be chosen to carry out the study, and will investigate
the Chippaws area first and present an interim report making recommendations
on the servicing of this area. A design could then be prepared, and based on
the des ign and drawings being completed by the end 'of the year, the subject
construction would be one of the first contracts called in 1978. Alderman
Mooney indicated that on that understanding, he was agreeable to construction
being scheduled in 1978.
. ORDERED on the motion of Alderman Moohey, seconded by Alderman Chee~man, that
the report.be received and adopted.
No. 247 - City Manager -,Re: Scheduling of May Meetings. The repor~ reckends
that the meeting to berhe~d on May 24th be cancelled and the next regular
meeting be held on May 30, 1977' ~
ORDERED on the motion of Alderman Mann, seconded by Aldermen Cro~e,'thst the
'report be received and adopted.
No. 248 - City Manager - Re: Building Permits. The report provides'a breakdown
of permits issued by the Building & Development Department for the month of
243 - City Manager - Re: Joint Annual Conference of the Ontario Section A.W.W.A.
April, 1977.
ORDERED on the motion of Alderman 0rr, seconded by Alderman Stewart, that the
report be received and filed.
No. 249 - City Manager - Re: Municipal Accounts. The report reckends payment
of the municipal accounts.
ORDERED on the motion of Aldermen Schisler, seconded by Alderman Sobs1, that
the report be received and adopted.
RESOL XO !,; i
No. 47 - MANN - MOODY - RESOLVED ~hat the Council of the Corporation of the
lan
mion of the date of the draft p
City of Niagara Fells agrees to the exte
. , :::::::::;
approval for the Bambi Estates Subdivision AND the Seal of p i
r d, Cro~e
hereto affixed.
:..eo.fliet
No. 48 - SOBeL - SCHISLER - KESOLV~D that the unit prices submitted by Damorell~
Bros. Limited for construction of the Palmar Avenue Extension, be accepted a~
affixed.
e u
No. 49 - MACBAIN - STEWART - RESOLVED that the tender submitted by E. Murchie~
for weed mowing at the price of $15.00 per hr~ and $7.00 per hr., and for chj
weed control at $20.00 per hr. for equipment and $7.00 for hand spraying, be
accepted; AND the Seal of the Corporation be hereto affixed.
Carried Unanimous:
B Y- LAWS
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Mooney, that.l~
leave be granted to introduce the following by-laws, and the by-laws be read
first time:
No. 77-99 - A By-law to stop up and close part of Siretoe Street and Ontario
Avenue.
No. 77-100 - A By-law to authorize the execution of an agreement with Damnre"
Bros. Limited for the construction of Palmar Avenue Extension.
No. 77-101 - REFERRED TO BUDGET
No. 77-102 - A By-law to authorize the execution of an agreement with Earl Mu
for mowing weeds on private lots.
No. 77-103 - A By-law to authorize the execution of an agreement with Earl Ht
for chemical weed control.
No. 77-104 - A By-law to authorize an agreement with Ecolad Corporation respe
the placing and maintaining of litter containers on streets in tl
City of Niagara Falls.
No. 77-105 - A By-law to provide monies for general purposes.
Carried Unanimous
ORDERED on the motion of Alderman Jaluvka, seconded by Alderman Mann, that thL
following by-laws be now read a second and third tim:
No. 77-99 - A By-law to stop~.up and close part of S{mcoe Street and Ontario
Avenue. ~
No. 77-100 - A By-law to authorize the execution of an agreement with Damore
Limited for the construction of Palmar Avenue Extension.
No. 77-101 - REFERRED TO BUDGET
No. 77-102 - A By-law to authorize the execution of an agreem~ent:-with Earl Hux
for mowing weeds on private lots.
No. 77-103 - A By-law to authorize thenexecution of an agreement with Earl Mu~
for chemical weed control.
No. 77-104 - A By-law to authorize an agreement with Ecolad Corporation respe~
the placin~ and maintaining of litter containers on streets in tl
City of Niagara Falls.
No. 77-105 - A By-law to provide monies for general puxp uses.
Carried Unanimous]
NSW BUSINF~S
WATER RESTRICTIONS
The~Director of Municipal Works advised members of Council that His WorsP
Mayor Bukstor had issued a proclamation regulating the use of water, and reset
tins its use to the hours. of 7:00 e.m. and 8:00 p.m. It was further explstne~
that the restriction was necessary to ensure edequste water supply in view of
the work stoppage by Regional employees. This action wee taken st the request
oe the Regional Municipality of Niagara.
-5-
FINANCIAL ASSISTANCE - STORM OF 1977
Alderman Orr advised that he had recently become aware of a sta tement
by the Minister of Treasury, Economics & Intergovernmental Affairs, that a
meeting to discuss financial assistance to area municipalities within the
Region as a result of the storm of 1977, would not be held until after the
June 9th Provincial election. The Alderman felt that this decision was
unfair, and that those municipalities affected needed assistance immediately
otherwise the taxpayers would have to assume the financial burden through
taxes. Alderman Sobol advised that there was no alternative open to the
Minister, since the government had been dissolved due to the upcoming election.
TRANSIT COMMISSION SERVICE
Aldermen Mann advised that he had been approached regarding the practice
of Transit Commission bus~s turning at City Mall rather than travelling on to
Bridge Street and turning around at the Lower Bridge. The Alderman felt that
businesses in the area and persons from the train station would require this
service. Alderman Sobol also advised that she had been approached regarding
additional bus service to Chippawa once the Niagara Square plaza is open.
It was moved by Alderman Mann, seconded by Alderman Sobol, that the Transit
Co~mission be requested to provide a report on buses turning at Bridge Street
and the provision of addition&l service to Chippawa following the opening of
Niagara Square. The motion Carried unanimously.
BLOSSOM FESTIVAL DART TOURNA~NT
Aldernmn Mann presented the trophy that he and Alderman Thomson had won
on behalf of the City in the Blossom Festival Dart Tournament.
GARAGE SALES
Alderman Thomson advised that he had been approached by a resident
regarding garage sales. Apparently there are some individuals who are taking
advantage of this practice, and are purchasing goods, marking up the prices
and holding a sale several times a week. While it was felt that the original
purpose of holding garage sales, to dispose of raaterial and articles and make
a small profit at the same time, was acceptable, the practice of purchasing
merchandise and marking up prices specificall~ for the purpose of making a
profit on a continuing basis, was more along the lines of operating a business.
Alderman Crows suggested that the Retail Sales Tax office should be requested
to indicate whether or not sales tax would be applicable, and ~f so, the
penalties involved in not collecting sales tax. It was moved by Alderman Crows,
seconded by Aldermen Chessman, that staff prepare a report on the matter of
garage sales. The motion Carried unanimously.
It was moved by Alderman Crowe, seconded by Aldermen Cheesmen, that the
meeting adjourn. . ~a~a.
TWENTY-SECOND MEETING
SPECIAL MEETING
Committee Rooms ~;2 & 3
May 18, 1977
Council met on Wednesday, May 18, 1977 following a special budget meeting.
All members of Council were present. His Worship, Mayor Bukator presided as
Chairman.
REPORT
No. 241 - City Manager - Re: Tree Planting Contract. The report recommends
that Gauld Nurseries Limited be awarded the contract for the 1977 tree planting
program.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman, that
the report be received and adopted.
RESOLUTION
No. 50 - THOMSON - CMEESMAN - RESOLVED that the prices submitted by Gauld
Nurseries Limited for the 1977 tree planting program, be accepted at the total
price of $20,397.85; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
B Y - LAW
ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesm~n, that
leave be granted to introduce the following by-law, and the by-law be read a
first time:
No. 77-101 - A By-law to authorize the execution of an agreement with Gauld
Nurseries Limited for the 1977 tree planting program.
Carried Unanimously
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the
following by-law be now read a second and third time:
No. 77-101 - A By-law to authorize the execution of an agreement with Gauld
Nurseries Limited for the 1977 tree,, planting program.
Carried Unanimously
It was moved by Alderman Mann, seconded by Alderman Fera, that the meeting
adjourn.
READ AND.ADOPTED,
MAYOR
TWENTY-THIRD MEETING
REGULAR MEETING
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole at 7:15 p.m.
Conmittee Room ~;1
May 30, 1977
on Monday, May 30,
1977. All members of Council were present with the exception of His Worship,
Mayor Bukator, Aldermen Sobol and Stewart. Alderman Thomson presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
READ AND ADOPTED,
ACTING MAYOR
Council Chambers
May 30, 1977
Council met on Monday, May 30, 1977, at 7:30 p.m, for the purpose' of
considering general business. All members of Council were present with the
exception of His Worship, Mayor Bukator, Aldermen Sobol and Stewart.
RESOLUTION
No. 51 - CHEESMAN - ORR - RESOLVED that Alderman S.W. Thomson be appointed
Acting Mayor during the absence of His Worship, Mayor Bukator, for the period
May 29th to June 2nd, 1977; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
Alderman Fera offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that
the minutes of the meetings held on May 16th and May 18th, 1977, be adopted as
printed.
DEPUTATIONS
LOCAL 133, C.U.P.E. - UNION NEGOTIATIONS
Cvmmunication No. 76 - Mr. J.A.S. Bouchard, National Representative, C.U.P,E,
The communication requests Councilts consideration of three points: 1) The
Anti Inflation Board Buide~ines allow Local 133 members a 9.9% increase to
maintain the value of their dollar with the cost of living increases. 2) Cost
of living increases have soared to double digit figures while the Cityts offer
is only 5.75%. 3) Council will not settle the contract until the Regional
Niagara union reaches a settlement.
Mr. W. Hunter, President of Local 133, C.U.P.E., was granted permission
to address Council on ~he motion of Alderman 0rr, seconded by Alderman MAnn.
Mr. Hunter advised that the Union was completely willing to return to the
bargaining table in order to reach a settlement. It was explained that the
Union had reduced their request from 18% to the 9.9% presently requested.
Mr. Hunter further explained that the Union did not want to strike, but had
to stand up for that to which they were entitled. He requested Courttilts
cons ideration of the points raised in ~he National Representative's letter,
and that Marmgement return to the baraaining table and hopefully reach a
settlement.
· Actin~ Mayor Thomson a~reed that neither the Union, City or taxpayers
Wanted the strike. It was advised that the Management Hegotiettn~ Committee
- 2-
was willing to continue negotiations to try and resolve the problem.as
quickly as possible. '
C OMMUN ICAT IONS
No. 77 - Ministry of Treasury, Economics & Intergovernmental Affairs - Re:
Public Utilities Amendment Act, 1977 and The Municipal Amendment Act, 1977.
The communication requests the comments of the City on the contents of these
Bills.
ORDERED on the motion of Alderman Orr, seconded by Alderman Jaluvka, that mem~
of Council and staff review the proposed legislation and supply comments to t
City Clerk for submission to the Ministry.
No. 78 - Ministry of Treasury, Economics & Intergovernmental Affairs - Re: The-
Regional Municipalities Amendment Act, 1977. The communication requests the
comments of the City on the contents of this Bill. '
ORDERED on the motion of Alderman 0rr, seconded by Alderman Jaluvka, that mem~
of Council snd staff review the proposed legislation and supply comments to
City Clerk for submission to the Ministry.
No. 79 - Regional Municipality of Niagara - Re.: Proposed Relocation of McLeod'
and Stanley Avenue. The communication provides information on a report ,appro~
by the Regional Public Works & Utilities Committee on the proposed alignment
to a review of the design of the Stanley Avenue North alignment to minimize
property encroachment.
ORDERED on the motion of Alderman Mann, seconded by Alderman Chessman, that
communication be received and filed.
No. 80 - Regional Municipality of Niagara - Re: Capital Budget Submission.
communication requests all area municipalities to submit their 1978-1982 five.
capital forecasts to the Region by October 31, 1977, in order to give suffici,
time to review the long-term implications of the proposed works.
ORDERED on the motion of Alderrash Mann, seconded by Alderman Fern, that the
communication be referred to staff for preparation of the capital budget.
No. 81 - Local Council of Women - Re: Request for Appointment. The communicat
requests the appointment of 8 representative of the City ~e the Local Council
Women and renewal of the membership fee.
ORDERED on the motion of Alderman Mann, seconded by Alderman MacBain, that
Alderman Sobol be appointed as Council's representative on the Local Council o;
Women. '
No. uSZn - Main & Ferry Business Association - Re: Signing Improvements. The
cowan ication suggests the erection of directional signing to the Main & Ferry
Business area at the foliowinE locations: 1) Falls View Area (intersection of
Portage Road and Oakes Drive or Murray Street. 2) InterSection of Highway 420
and Stanley Avenue. 3) latersection of Ferry Street and Stanley Avenue.
4) Intersection of Lundy's Lane and Montrose Road.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann, that
the request be referred to staff and the Regional Municipality of Niagara for
a report. ' ....
No. 83 - Council for Canadian Unity - Re: Canada Week, June 25 - July 1, 1977.
The communication requests that the City observe Canada Week functions .
ORDEPaD on the motion of Alderman Chessman, seconded by Alderman Mann, that
the City co-ordinate observance of Canada Week with the Chamber of Commerce.'
No. 84 - Ontario Nursing Home Association - Re: Ontario Nursing Home Weekend.
The communication requests the proclamation of June 9 - 12, 1977, as Ontario
Nursing Home Weekend.
ORDERED on the motion of Alderman Mann, seconded by Alderman Moonay, that
the request be approved subject to the established policy on p, r0clametions.
REPORTS
No. 242 - City Manager - Re: Fire Department Uniform Tender. The report
recommends acceptance of various tenders for the supply of Fire Department
uniforms.
ORDERED on the motion of Alderman Mann, seconded by Alderman Fara~ that the
~eport be received and adopted.
S%e Resolution No.
No. 243 - City Manager - Re: Municipal Employees' Protective Clothing Tender.
The report recommends acceptance 0f the tender submitted by Jerry~s Army
Surplus ~for the supply of protective clothing for municipal employees.
-3-
In response to a comment by Alderman Jaluvka, the Purchasing Agent advised
that the low tender submitted by J.P. Hamill & Son Ltd. was not accepted as
it did not meet the requirements in the tender documents that a union label be
affixed to the garments. Alderman Crowe questioned whether there was any
obligation on the part of the City to reject a tender because of the lack of
a union label, and he suggested that the matter be tabled until additional
information is available.
ORDERED on the motion of Alderman Crows, seconded by Alderman Mann, that the
report be tabled for further information.
No. 244 - City Manager - Re: R.C. 8-77, Road Reconstruction and Storm Sewer
Construction in Drturmond South Area. The report reconnends acceptance of the
unit prices submitted by Damore Bros. Limited for the subject contract.
ORDERED on the motion of AldermanMann, seconded by Alderman Fern, that the
report be received and adopted.
See Resolution No. 53
See By-law No. 77-113
No. 245 - City Manager - Re: A.C. 9-77, Asphalt Overlay. The report recommends
acceptance of the unit prices submitted by Steed & Evans for the subject contract.
ORDERED on the!~motion'lof Alderman Mann, seconded by Alde~m~,n Fern, that the
report be received and adopted. See Resolution No. 54
"' See By-law No. 77-112
No. 246 - City Manager - Re: S.T. 10-77, Surface Treatment of Various City
Streets. The report recon~nends the acceptance of the unit prices submitted
by NorJohn Contracting Ltd. for the subject contract.
ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the
report be received and adopted.
See Resolution No. 55
See By-law No. 77-110
No. 247 - City Manager - Re: S.R. 11-77, Sidewalk Repairs. The report reconmends
acceptance of the unit prices submitted by Steed & Evans for the subject contract.
ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the report
be received and adopted.
See Resol~tion No. 56
See By-law No. 77-111
No. 248 - City Manager - Re: Summer Schedule of Council Meetings. The report
recommends that the sv.,ner schedule be adopted beginning Monday June 6th, 1977
with meetings to be held every second week during the summer months.
ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the
report be received and adopted.
No.' 249 - City Manager - Re: Lapse of Draft Plan Approval - Balmors 1 Court
Subdivis fon. The report recommends that Council by resolution, agree to a
one-year extension of the draft plan approval for the Balmoral Court Subdivision,
and that the Ministay of Rousing be notified accordingly.
ORDERED on the motion of Alderman Moohey, seconded by Alderman Chessman, that
the report.be received and ~dopted. See Resolution No. 57
No. 250 - City Manager - Re: Revised Development Plan - Senior Citizens Complex
Ontario Housing Corporation on Bucklay Avenue. The report recofi~nends approval
of the revised Development Plan for the subject development, as submitted.
ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the
report be received and adopted.
No. 251 - City Manager - Re: Development Plan Approval, On-Street Townhouses and
Site Plan Approval for Zer~ Lot Line Dwellings, Ontario Housing Corporation,
Chsrnwood Subdivision. The report reco~nends approval of the development plan
and site plan as submitted.
ORDERED on the motion of Alderman Crows, seconded by Alderman Chessman, that
the report be received and adopted.
No. 252 - City Manager - Re: Development Plan Approval, Proposed Addition to
Riverdale Frozen Foods on Niagara River .Parkway. The report rec0unends
approval of the Development Plan as submitted.
ORDERED on the motion of Alderman Crows, seconded by Alderman Schisler, that
the report be received ~nd adopted.
-4-
No. 253 - City Maniger - Re: Development Plan Approval - Cupolo's Cycle & Spo:
Ltd., 5510 Ferry' Street. The report-recommends approval of the Development
as submitted.
ORDERED on the motion of Alderman Crows, seconded by Alderman Mann, that the
report be received and adopted.
No. 254 - City Manager - Re: Development Plan Approval, Proposed Beauty Salon
and Dwelling Units Mrs. R. Salfi, 5583 Ontario Avenue. The report reco~nends!~
approval of the Development Plan as submitted.
ORDERED on the motion of Alderman Mann, seconded by Alderman Crows, that the
report be received and adopted.
No. 255 - Planning & Development Committee - Re: AM-8/77, Sunnylea Constructi~
Ltd., Mundare Crescent & Lamont Crescent, R.P. 260 (Formerly No. 11) Parkwayr
amended and approved by the Minister of Rousing. ~;
Mr. J. Kaufman, the applicant, was granted permission to address Council ~
on the motion of Alderman Moohey, seconded by Alderman Chessman. Mr. Ksufman
zoned to permit the construction of fourplex hous ing, however the application!i
is only for single family and semi-detached housing. The change in zoning is 1
required to permit changes in the minimum front yard and rear yard setbacks.
Mr. Ksufmsn advised that he sympathized with the residents in the area who
purchased their homes under the impression the land was zoned for single famili:'
housing. Mr. Kaufnmn further advised that he was willing to attend a further'
meeting with area residents, but pointed out that if the m~tter was delayed
much longer, the land would be sold, and the new owner could easily build
four-plexes on the land.
Mr. W. Bruder was granted permission to address Council on the motion of
Aldermen Moonay, seconded by Alderman Oft. Mr. Bruder advised that he realize,~
what was permitted under the existing zoning, however the area was predominant
developed--as single family. It was pointed out that Official Plan Amendment
No. 30 provided that infilling must .be compatible with exfffting uses, and that:
residential housing was contrary to the Amendment. The Senior Planner pointed~
out that the infilling is compatible with the existing use, es low density
housing includes both single family and semi-detached housing.
Aldermen Mann felt that a public meeting should be held so that the
residents would be aware of the higher density permitted under the existing
zoning, and that the developer was being reasonable in c~nstructing only
single family and semi-detached housing rather than fourplexes.
Following further discussion, it wss moved by Alderman Mann, seconded by
Alderman Fern, that the report be tabled for one week so that a publicmeeting~
can be held with the area residents to fully explain the proposal and current
zoning uses. The motion Carried unan.imously.
No. 256 - City Manager - Re: Release of Covenant Applicable to Lot 27, Fells
Industrial Park. The report reco~auends that a,lrelesse of the sign restriction
5(b) contained in the schedule to the deed for Lot 27, be grsnted and that the
Legs I Department be requested to prepare the necessary supporting documents.
ORDERED on the motion of Alderman Chessman, seconded by Aldermen Moonay, that
the report be received and adopted.
NOTE: Aldermen Crows declared a conflict of interest and abstained
from voting on this matter.
No. 257 - City Manager - Re: Easement Agreement with Ontario Hydro for Storm
SewermetnOutfall - Bambt Estates end Bsmbt Estates Extension Subdivisions.
The report reco~nds pssseBe of · by-law to authorize an easement agreement
with Ontario Rydro to cover the storm sewer outfall.
ORDERED on the motion of Alderman Cheesein, seconded by Aldermen Moonay, that
the report be received and adopted.
See By-law No. 77-1
NO~E:Aldermen Crowe declared a conflict of interest
and abstained from voting on ~hia sitter.
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No. 258 - City Manager - Re: Niagara Parks Commission - Grant in Lieu of
Taxes and Agreement for Maintenance of Part of River Road. The report
recommends passage of a by-law for the maintenance of River Road.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that
the report be received and adopted.
See By-law No. 77-114
No. 259 - City Manager - Re: C.A.M.A. Conference. The report provides information
on the proceedings of the 5th annual conference of the Canadian Association of
Municipal Administrators held in Toronto during May.
ORDERED on the motion of Alderman Mooney, seconded by Aldermen Jaluvka, that the
report be received and filed.
No. 260 - His Worship, Mayor Bukator - Re: Federation of Canadian Municipalities
Conference. The report provides information on the proceedings of the 40th
annual conference of the Federation of Canadian Municipal ities held in Toronto
during May. It is recommended that Council offer to hold the 1979 Conference
of the Federation of Canadian Municipalities in Niagara Falls.
In response to a question raised by Alderman Crowe, the City Manager
indicated that the cost factor would be investigated prior to officially
extending the invitation. The City Manager also advised that he would
provide Alderman Cheesmen with additional information supplied at the conference
on the various workshops.
ORDERED on the motion of Alderman Moonay, seconded by Alderman Jaluvka, that
the report be received and adopted.
No. 261 - City Manager - Re: Ontario Home Renewal Program. The report recommends
passage of a resolution required for the application of funds from the Province
for 1977 under the Ontario Home Renewal Program. It is also recommended that
staff be directed to proceed with an application and to accept applications for
O.H.R.P. loans.
ORDERED on the motion of Alderman Crows, seconded by Alderman Fern, that the
report be received and adopted.
See Resolution No. 58
No. 262 - City Manager - Re: Terms of Reference for Updating of R.V. Anderson's
1968 Report on Flood Control and pollution Abatement. The report recommends
that the terms of reference be approved, and further that the Director of
Municipal Works be authorized to engage the.firm of R.V. Anderson and Associates
Limited to undertake the task of updating the R.V. Anderson 1968 "Report on
Flood Control and Polution Abatement".
ORDERED on the motion of Alderman Schisler, seconded by Alde~m~n Chessmen,
that the report be received and adopted.
No. 263 - City Manager - Re: Community Resources Centre. The report recommends
passage of a by-law to terminate an agreement with the Social Planning Council
for the Community Resources Centre building.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Fern, that the
report be received and adopted. See By-law No. 77-117
No. 264 - City Manager - Re: Exchange of Lends between the City of Niagara Falls
and the Lions Club of Stamford Inc. The report reckends passage of a by-law
to authorize the exchange of land between the City and .thQ..Lions Club.
ORDERED.on the motion of Aldermin Schisler, seconded by Alderman Chessman, that
the report be received and adopted.
See By-law No. 77-118
No. 265 - His Worship, Mayor Bukitor - Re: Appointment to Property Standards
Committee. The report recowmends the appointment of Mr. Charles Wills to fill
the vacancy of Mr. D. Lomas on the Property Standards Committee. The report
requests that members of Council supply the City Clerk with names of persons
who may be interested in serving on this Committee should a further replacement
be necessary.
The City Mansger provided information on a property in the Industrial Park
where the owners are not complying with the.~standards set out in the by-law
covering the sale of the land.
ORDERED on the motion of Aldersin Crows, seconded by Aldersin Orr, that the
report be received and adopted.
No. 266 - His Worship, Mayor B~hator - Re: Court House Facilities in Niagara
Falls. The'report rec~iuends that Council authorize the architectural firm of
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Donald Chapman Associates to update the plans and drawings for the prpposal
construct new court house facilities adjacent to the City Hall and Police bus
complex, together with revised estimates of construction costs.
In response to a question raised by Alderman Schisler, Acting Mayor
advised that information on the cost and funding would be made available to
Council prior to any decision on proceeding with the court house proposal.
ORDERED on the motion of Alderman Crowe, seconded by Aldermen Jaluvka, that tf
report be received and adopted. .
No. 267 - City Manager - Re: 1977 Operating Budget. The 1977 Operating Budge~
is submitted for Council's approval.
Aldermen Cheesman, Mooney and Schis let commented on the budget and tax
increases to residents as a result of the City's, Region's and Board of Educa~
requirements.
ORDERED on the motion of Alderman Mann, seconded by Alderman Moonay, that the ~
report be..,receivedland adopted, and the 1977 Operating Budget approved. The
motion Carried with Alderman Schisler voting contrary, and all others in favo~
No. 268 - City Manager - Re: Municipal Accounts. The report reconmaends payme]4
of municipal accounts.
ORDERED on the motion of Alderman Crowe, seconded by Aldermen Orr, that the
report be received and adopted. ~
RESOLUTIONS
No. 52 - MANN - FERA - RESOLVED that the foliowing bid prices for Fir~ Depart:
Uniforms be accepted:
Complete Uniforms -' Audibert's Men's Shop - $8,224.42
Clip-On Ties - Fishman's Men's Shop - $283.12
Perma-Press Trousers - Audibert's M~n's Shop - $1,192.73
Shirts - Fishman's Man's Shop - $3,484.80
; AND the Seal of the Corporation be hereto affixed.
Carried Unanimous]
No. 53 - MANN - FERA - RESOLVED that the unit prices submitted by Damore BrotF
Limited for road reconstruction and storm sewer construction in the Drtnmnond
South area, be accepted at the tendered price of $559,282.42; AND the Seal of'
the Corporation be hereto affixed.
Carried Unanimous}'
No. 54 - MANN - FERA - RESOLVED ~hat the unit prices submitted by Steed & Ever
Limited for the asplmlt overlay contract, be accepted ~t the tendered price o~
$79,865.00; AND the Seal of the Corporation be hereto affixed.
Carried Unanimous]
No. 55 - MANN - FERA - RESOLVED that the Unit prices submitted by NorJohn
Contracting Ltd. for the surface treatment of various City streets, be accepte
at the tendered price of $116,509.00; AND the Seal of the Cor. Boration be heret
af.fixed.
Carried UnanimousZ
No. 56 - MANN - FERA - RESOLVED that the unit prices submitted by Steed & Ever
Limited for sidewalk repairs, be accepted at the tendered price of $83,186.00t
AND the Seal of the Corporation be hereto affixed.
Carried Unanimous]
No. 57 - MOONEY - CHEESMAN - RESOLVED that the Council of the. Corporation of
the City of Niagara Falls agrees to the extension of the date of the draft pl~
approval for the BalmoraL;Court Subdivision; AND the Seal of the Corporation ~
hereto aftixed.
Carried Unanimous]
No. 58 - C~ESMAN - CR(~E - RESOLVED that the Council of the Corporation of tt
City of Niagara Falls hereby authorizes the City Clerk to apply to the Minist;
-of Housing for a Provincial grant in the amount of $228,891.59 for the fiscal
year of 1977 to 1978 for the purpose of making loans to owners of real propert
used for residential purposes to assist in the repair, rehabilitation and
improvement of dwelling units pursuant to the Housing Development Act and the
re~a~ons and sub]eat to~the limitation thereof;
- 7-
AND FURTHER THAT the City Clerk is hereby authorized to apply for an accountable
advance of $114,445.80 and the Corporation agrees to account for this amount and
apply for further payments through the submission of quarter yearly activity
reports;
AND BE IT FURTHER RESOLVED that the Corporation of the City of Niagara Falls
hereby agrees to comply with the Housing Development Act and the regulations
thereunder in the administration of the Ontario Home Renewal Program; AND
the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 59 - MANN - CROWE - RESOLVED that a message of condolence be sent to the
family of the late Mrs. Emily lamb, a highly respected citizen of the City of
Niagara Falls and mother of Mr. H.A. lamb, Projects &Services Engineer; AND
the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 60 - MANN - CROWE - RESOLVED that a message of condolence be sent to the
family of the late Bernard (Barney) Welsh, an employee of the City of Niagara
Falls; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-lAWS
ORDERED on the motion of Alderman Mann, seconded by Aldernmn MacBa in, that leave
be granted to introduce the following by-laws, and the by-laws be read a first
time:
No. 77-106 - A By-law to provide for the appropriations fdr the year .1977.
No. 77-107 - A By-law to fix the rates of taxation for 1977 and to provide for
the levying of taxes.
No. 77-108 - A By-law to provide for the collection of taxes for the year 1977.
No. 77-109 - TABLED
No. 77-110 - A By-law to authorize the execution of an agreement with Norjohn
Contracting Limited for surface treatment of roads. (S.T. 10-77)
No. 77-111 - A By-law to authorize the execution of an agreement with Steed & Evans
Limited for sidewalk repairs. (S.R. 11-77)
No. 77-112 -
A By-law to authorize the execution of an agreement with Steed & Evans
Limited for the. application of hot mix asphalt overlays on certain
streets in the City of Niagara Falls. (A.C. 9-77)
No. 77-113
No. 77-114
A By-law to authorize the execution of an agreement with Damore Bros.
Limited for road reconstruction and storm sewer construction in
Drvmmond South Redevelopment Area in connection with the Neighbourhood
Improvement Program. (R.C. 8-77)
A By-law to authorize an agreement with the Niagara Parks Commission
for the maintenance and repair of part of River Road.
No. 77-115 - A By-law to authorize the execution of an easement agreement with
Ontario Hydro. (Bambi Estates & Bambi Estates Extension Subdivisions)
No. 77-116 -
A By-law to authorize the execution of an agreement with the Niagara
Falls Illumination Board to permit the construction, installation
and maintenance of an illumination station on a 20 foot easement
granted to the City of Niagara Falls.
No. 77-117 - A By-law to authorize the termination of a lease with the Social
Planning Council of Greater Niagara.'(C~uauunity Resources Centre)
No. 77-118 - A By-law to authorize an exchange of lands with the Lions Club of
Stamford Inc.
No. 77-119 - A By-law to provide monies!for general purposes.
Carried with Aldermen
Schisler voting contrary
on By-law 77-107, AId.
Oro~e' absta lning on By- law
7~.115~ and all others
voting in fayour.
..... 8
ORDERED on the motion of Aldermen Fern, seconded by Aldermen Hooney, that the
following by-laws be now read a second and third time:
No. 77-106 - A By-law to provide for the appropriations for the year 1977.
No.
77-107 - A By-law to fix the rates of taxation for 1977 and to provide fo~
the levying of taxes.
No. 77-108 - A By-law to provide for the collection of taxes for the year 197i
No. 77-109 - TABLED
No. 77-110 - A By-law to authorize the execution of an agreement with Norjohn'
Contracting Limited for surface treatment of roads. (S.T. 10-77)~
No. 77-111 - A By-law to authorize the execution of an agreement with Steed &
Limited for sidewalk repairs. (S.R.11 - 77)
No. 77-112 - A By-law to authorize the execution of an agreement with Steed &[
Limited for the application of hot mix asphalt overlays on certa~
streets in the City of Niagara Falls. (A.C. 9-77)
No. 77-113
- A By-law to authorize the execution of an agreement with Demote
Limited for road reconstruction and storm sewer construction in
Drummond South Redevelbpment Area in connection with the Neighbe
Improvement Program. (R.C. 8-77)
No. 77-114 - A By-law to authorize an agreement with the 'Niagara Parks Conmia~
for the maintenance and repair of part of River Road.
No. 77-115
No. 77-116
No. 77-117
- A By-law to authorize the execution of an easement agreement witt
Ontario Rydro. (Bambi Estates & Bambi Estates Extension Subdivtsi
A By-law to authorize the execution of an agreement with the Nia{
Falls Illumination Board to permit the construction, installatior
and maintenance of an illumination station on a 20 foot easement
granted to the City of Niagara Falls,
- A By-law to authorize the termination of a lease with the Social
Planning C0uncil of Greeter Niagara, (Community Resources Centre
No. 77-118
No. 77-119
By-law 'to authorize. the.exchange of lauds with the Lions Club
of Stamford Inc.
By-law to provide monies for general purposes,~ :! ~
, Carried with AId.
· .abstaining on 77.
, ,Aid. Schisler co~
.on:7;7-1OT,~and a]
others' in favour
NEW BUSII~SS
DRAINAGE PROBLE~
Alderman Fern advised that he hadreceived a number of calls regarding
drainage problem, and wondered if consideration should be given to e drainage
policy for the City. The Director of Municipal Works advised that there was
an existing policy covering drainage problems in subdivisions by means of
inclusion of an appropriate clause in subdivision agreements. This clause
requires subdividers to be responsible £or rear yard drainage. The problem
arises when individuals purchase property in a subdivision and change the
drainage patterns and elevations of their lots. In such cases., the City
. will install s sewer lateral on the street portion and it is the ownsr.'s
responsibility to carry the lateral on to their own property to alleviate
· the drainsBe problem. The City will provide the design for the lateral.
~n future subdivision agreements, it is suggested that an easement be created
along rear yards of ell properties end property o~ners will not be able to
change grades once they are established,
,. ~ It was moved by Aldermen Crows, seconded by Aldermsn Fern, that s report
';be prepared outlinin8 why the terms of subdivision agreements sre not enforced
· , on subsequent owners, and providtn2 detailed information on the proposal to
: ' = ~ :: :aliavista dre_ir~2e~prOble~S lie future subdivision agreements. The motion Carr'
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STRIKE ACTION - LOCAL 133, C.U.P.E.
Alderman Orr expressed concern over the strike called by City employees,
and requested information on action to be taken in this regard. Several members
of Council pointed out that negotiations were best considered in Conmit~ee of
the Whole so that the position of the Management Negotiating Co~a~ttee is not
jeopardized in future negotiations.
I~ was moved by Alderman Schisler, seconded by Alderman Jaluvka, that the
meeting adjourn. . kkka*~,
~D A~ADOPTED,
~ ~CTING MAYOR
TWENTY-FOURTH MEETING
COMMITTEE OF THE WHOLE
Conmittee Room #1
June 6, 1977
Council met in Committee of the Whole at 7:00 p.m. on Monday, June 6,
1977. All members of Council were present with the exception of Alderman
Sobol. His Worship, Mayor Bukator pres ided as Chairman.
Following consideration of
Whole arose without
items presented, the Committee of the
READ AND ADOPTED,
;LERE MAYOR
ZNG
Council Chambers
June 6, 1977
Council met on Monday, June 6, 1977 at 7:45 p.m. for the purpose of
considering general business. All members of Council were present witb the
exception of Alderman Sobol. His. Worship, Mayor Bukator presided as Chairman.
Alderman Chessman offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion Of Alderman Thomson, seconded by Alderman Chessman,
that the minutes of the meeting held on May 30, 1977, be adopted as printed.
DEPUTATION
LOCAL 133, C.U.P,E. - STRIKE ACTION
Cuu~unicationNo. 85~- Mr. D. Jones, Sec~ets~y~: Local .133,,-C~U.P.E. -,Requesting
members of Council tb. indicate their position omaha. requested increase in.,
compensation of 9.9%.
Mr. W. Hunter, President of Local 133, C.U.P.E., was granted permission
to address Council on the motion of Alderman Thomson, seconded by Alderman Orr.
Mac. Hunter stated that the Union had now been on strike for one week, and he
felt it was t/me for members of Council to "stand up and be counted", and
indicate whether or not they were in fayour of the increase. The news media
had reported that a meeting had been arranged~or further negotiations, which
Union representatives did not attend, and Mr. Hunter stated that no meeting
had been' set up, end the Union had never refused to attend negotiations.
It was pointed out that the members of the Union were entitled to a decent
wage in line with cost of living increases, and that a settlement should not
be dependent on a Regional settlement.
Mr. J. Bouthard, National Representative of C.U.P.E.,,adviSed that while
a settlement would eventually be reached, the longer the strike lasted, the
deeper the Union members would be digging themselves in. Unionization has been
in effect for over twenty years in Niagara Palls, and there has always been
an excellent relationship between the Union, Management and Council, however
this relationship was quickly going down the drain. Mr. Bouchard also
indicated the Union's willingness to meet further with Management in an effort
to end the strike and reach a satis£ectory settlement.
His Worship, Mayor Bukstor advised that the Union's letter had only been
presented to the members of Council prior to the meeting, and that no action
would be taken on the letter at this time. The Mayor also advised that
Council wanted e settlement as much as the Union did, end stated that the
Management Negotiating Co.mittee was ready to meet with the Union ss soon as
possible. When Council makes the fins1 decision in granting a settiement,
the membersf .of Council woul4 then stand and be counted.
- 2-
-3-
UNFINISHED BUSINESS
PROPOSED BY-LAW ,TO PRESCRIBE THE HEIGHT AND DESCRIPTION OF LAWFUL FENCES
Report No. 269 - City Manager - The report recommends that the by-law regulati~{:
the height and description of lawful fences be given three readings, and furt~e
that an evaluation of the effect of the by-law be made in six months and a re~-'
on the matter be submitted to Council.
Alderman Thanson pointed out that the by-law would be enforced on a comp~;
bas is, rather than e survey made of all existing fences in the City, which wow
be a costly and time consuming task. The Alderman also pointed out that furth,
amendments could be made in the future, such as consideration of permitting a
wire mesh fence as opposed to a hedge or solid fence for corner boundaries.
Alderman Moonay suggested several other situations that could be considered
for future amendments to the by-law: 1) A rear yard 8'6" fence should not be
made to conform when it has to be replaced. 2) Provision in the by-law that
would prohibit 8'6" fences being erected in rear yards along the Niagara River
Parkway~ 3) Minimum heights should be established for frontage f~ncesl 4) Re-
consideration of the 30" height established within thirty feet of an intersserf'
as it applies to farm fences.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that'
the report be received and adopted.
MUNICIPAL EMPLOYEES' PROTECTIVE CLOTHING TENDER
Report No. 270 - City Manager - The report advises that during 1976,-the,
Management Negotiating Cous~ittee would not agree to a clause stipulating that
all work clothing bear a "union made" label, but did give the Union an under-
standing that the City would purchase union made clothing unless the prices
received were unreasonable.
Report No. 243 - City Manager - The report recommends acceptance of the tender~
submitted by Jerry's Army Surplus for the supply of protective clothing for
municipal employees.
Alderman Thomson pointed out that the tender documents specified that a
union label must be attached to all garments, and the low-~enderer J.P. Hawmi]~'
& Son Ltd. by.not having the union label had not complied with the tender
requirements. The Alderman further pointed out that the second low tendeter
could also have used a non-union supplier, but in order to comply with the
tender specifications, had supplied union made clothing. · ' - -
Alderman Crows advised that he was not convinced of staff's authority to
insert such clauses in tender documents without the consensus of Council. The
Aldernmn felt that the low tender was being rejected because of a minor point
that may well not ought to have been placed in the tender documents in the
first place.
Alderman Cheesman pointed out that there was no other choice but to accep
the second low tender, as the low tender did not meet the specifications, and
it would not' be fair to change the rules when other tenderera had complied wit
the specifications. Alderman Jaluvka agreed that it was too late now to
accept the low tender in view of the contract specifications, but suggested
that Oouncil should have sane input into the criteria used in tendering
situations in the future.
Following further discussion, it was moved by Alderman Thanson, seconded
by Alderman Chessman, that Report No. 270 be received and filed, and Report
.243 be received and adopted. The motion C.sr.r,i~d with the following vote:
AYE: Aldermen Cheesman, Jaluvks, MacBeth, Mann, Moonay, 8t~wartr~n~L~hanson.
NA,YE: Alderbandit. owe, Fern-, err and 8thislet.
COMMUNICATIONS
No. 86 - Greater NiaRera Softball Association - Re: Niagara Invitationel Fastb
Tournament. The communication requests permission to establish a beer contess
during the tournament from July 29 - August 1, 1977 inclusive.
ORDERED on the motion of Alderman Thomson, seconded by Alderman err, that the
re~uest*~berepprovddasdbJect to the receipt of all other necessary approvals.
No. 87 - Chamber of. Co=~erce - Re: Payment of Co.~iasions for Industrial Lands
The communication requests consideration of Council to granting a c~lssion t
any realtor who successfully sets in the sale o~ municipal owned industrial
l~Rds.
It was moved by Alderman Thomson, seconded by Alderman Stewart, that
Mr. K. Milne of the Chamber of Commerce be granted permission to address
Council.. Mr. Milne requested Council's consideration of the Chamber's
Suggestion of paying commissions to realtors involved in the sale of municipal
owned land. Mr. Milne pointed out that other municipalities in Ontario do
pay commissions, many of which are located in close proximity to Niagara Falls.
It was felt that payment of commissions would encourage realtors to work harder
to promote the City's industrial lands. Mr. Milne also stated that the
Chamber would reconnend that the City retain the commission normally paid
when no realtor acts in the sale.
During the discussion on this matter, several members of Council indicated
their opinions on the question of paying tonimissions to realtors~ and the City
Manager and Assistant City Solicitor provided additional infornmtion in response
to questions raised.
Following further comment, it was moved by Alderman Thomson, seconded by
Alderman MacBain, that conmissions be paid to realtors on the sale of municipal
owned 'indust~i~l'~ands,~OnC~ the sale price of industrial lands in the new
'~ndustrial subdivision has been established. The motion Carried with the
following vote:
AYE: Aldermen Chessman, Crows, Jaluvka, MacBain, Mooney, err, Stewart and
Thomson.
NAYE: Aldermen Fern, Mannaand Schtsler.
No. 88 - Ontario Energy Board - Re: Notice of Application and Hearing. The
communication advises that. an application has been filed by Consumers Gas Company
for orders approving or fixing Just and reasonable rates and other charges for
the sale of gas, and that dates:have been'set:for the various hearings.
ORDERED on the motion of Alderman Mann, seconded by Alderman Chessman,' that
the communication be received and filed.
No. 89 - Greater Niagara Senior Citizen's Association - Re: Worship Service.
The communication extends an invitation to members of Council to attend a
Worship Service on Sunday, June 19 at 2:30 p.m. at St. Andrew's United Church
in conjunction with Senior Citizens' Week.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the
invitation be accepted with thanks, and that as many members as possible attend
the Worship Service.
No. 90 - Greater Niagara Transit Commission - Re: Bus Service in Bridge Street
Area end Service to Niagara Square from Chippaws. The communication provides
information on bus service in the Bridge Street area and Chippaws area as a
result of a request from Council.
ORDERED on the motion of Alderman Mann, seconded by Alderman Moonay, that the
communication be received and filed.
REPORTS
No. 271 - Planning &Development Comittee - Re: AM-43/73, Harriman Lumber Co.
Ltd., South Side of Simcoe Street between St~'Clair and Cryslat. The Cuu~nittee
recuunaendspassage of a further amending by-law to permit underground parking
for thisproposal, which was approved by Council in 1973 and the Ontario Municipal
Board in 1974.
ORDERED on the motion of Alderman Thanson, seconded by Alderman Fera, that the
recOu~nendation of the Planning &Dev¢lopment Camnittee be adopted.
See Resolution No. 62
See By-law No. 77-120
No. 272 - Planning & Development Committee - Re: AM-34/76 River Real~y Development
(1976) Inc., West Side of Niagara River Parkway. The Committee recommends that
Council certify by resolution that.the application will conform to Official Plan
Amendment No. 30 of the Niagara Falls Planning Area as amended and approved and
further amended by the Minister of Hpusing, and further that the application be
approved subject to Development Control.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Mann, that the
recommendations of the P!anning & Development Committee b~ adopted.
See Resolution No. 63
See By-law No. 77-i22
See By-law Not!7-123
4
No. 273 - Planning & Development Committee - Official Plan Amendment No. 87,
River Realty Development (1976) Inc., West Side Niagara Parkway (AM-34/76).
The C~nmittee recommends adoption of Official Plan Amendment No. 87 by by-law~'
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that
the recommendation of the Planning & Development Con~nittee be adopted.
See By-law No. 77y
No. 274 - City Manager - Re: Exemption of Certain Lots in Plan M-53 from Part
Lot Control. The report raceamends passage of a by-law exempting Lots 1 to 41'
inclusive, 7 to 27 inclusive, 50 to 73 inclusive and Blocks J, K, C, I, L, M,
N, O and P of Registered Plan M-53 from part lot control.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted..
See By-law No. 77
No. 275 - City Manager - Re: Closing and Sale of Part of Acheson Avenue. The
report recommends passage of a by-law to stop up, close and authorize the sale
and conveyance of part of Acheson Avenue to Provincial Crane.
ORDERED on the motion of Alderman Mann, seconded by Aldermen 0rr, that the
report be received and adopted.
See By-law No. 77-
No. 276 - City Manager - Re: Disposal Sites for Residential Garbage. The
report recommends Council's approval of various sites as temporary disposal
sitesafer residential garbage. .
Alderman Mann advised-that the site at the Niagara South Recreation
Gentre was used frequently for softball games, and suggested that Chippawn
residents could easily take their garbage to the J.N. Allan Park site or
the Niagara Parks Co~nission site across from Martneland. Alderman Thomson
advised that he had received calls concerning the Swayze Drive site, which
is very close to the condomtnium units. The Alderman suggested that the site
be moved to the intersection of Swayze Drive and Stanley Avenue.
In response to a question,~the Director of Municipal Works advised that
the landfill site can remain open during the strike, as lm~ as regulations
of'the Ministry of the Environment are maintained. Theseregulatiens include
~he landMl~ operatton:~to. be carried-out full~time,.nse of the,,oempaceor to
compactdrefUse and.,the supply~Of-fill'meterial~in~ o~der toiCove= the'~efuse~
Due to the strike sitnation, these '~ot regulations cannot be mea~. and
accordingly the site cannot remain open. The problem of security was another
reason for closing the site. Due to the size of the site, it would not be
possible to patrol properly, Machinery at the site is very expensive, and
.thedanger of fire particularly as it relates to the methane gas underground
at the site, were major considerations in the decision ~o close the site.
It was moved by Alderman Mann, seconded by Alderman Mooney, that the
report be amended to delete the disposal site at the Niagara South Recreation
Centre, with residential garbage from the Chippawn area to be delivered to
either J.N. Allan Perk or the Niagara Perks Commission site near Marineland.
The motion Carried unanimously.
It was then moved by Alderman Thomson, seconded by Alderman Mann, that
the disposal site located at Ker Perk be relocated at the northwest corner
of Swayze Drive and Stanley Avenue. The motion .C~.~F.ied unanimously.
It was moved by Alderman Crowe, seconded by Alderman Cheesmen, that the
report, as amended, be received and adopted. The motion Carried unanimously.
No. 277 - City Marmger - Re: Parking on Pettit Avenue. The report 'recommends
that parkin~ be prohibited on the west side of PettitAvenue from Cropp Street
northerly to the C.N.R. right-of-way.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Jaluvka, that
the report be received and adopted.
No. 278 - City Manager - Re: Contract W.I. 12-77, 1976 Current Budget Watermai
by rrio td.f ZPZ: JTeaptaaee of the unit prieea submittad
ORDEI~D on the motion of Aldermen Cheesman, seconded by Alderman Fera, that
report be. Received and adopted.
Sco Resolution No.
See ~v-law No. 77-'
-5 -
No. 279 - City Manager - Re: Watermain on Colborne Street, Portage Road to
St. Peter Avenue. The report recommends that the Director of Municipal Works
be authorized to proceed with the construction of this watermain as soon as a
certified cheque or cash in the amount of $6,028.96 is received from Group 2
Development Ltd.; that the contracting firm of Kerrio Ltd. be engaged to carry
out the construction; and that the City's share of $6,874.58 for this
construction be paid from the Impost By-law 73-267.
ORDERED on the motion of Alderman Mooney, seconded by Alderman Themson, that
the report be received and adopted.
No. 280 - City Manager - Re: Construction of Sewer and Water Laterals to the
Proposed Bonnie Subdivision. The report recommends to pre-service eight lots
in the Benhie Subdivision by taking monies from the Expansion & Renewal Fund
in order that finished asphalt, curbs, gutters ~nd sidewalks can be constructed
in the Lagcalla II Subdivision.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman, that
the report be received and adopted.
No. 281 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Jaluvka, that
the report be received and adopted.
RESOLUTIONS
No. 6~ - THOMSON - CHEESMAN - RESOLVED that the tender submitted by Jerry's Army
Surplus for the supply of protective clothing for municipal employees, be accepted
at the price of $14.25 for shirts and pants per set, and $13.00 per pair for
coverails; AND the Seal of the .Corporation be hereto a ffixed. The rQsolution
Carried with the following vote:
AYE: Aldermen Chessmen, Jaluvka, MacBatn, Mann, Moonay, Stewart and Thomson.
NAYE: Aldermen Crows, Fern, err and Schisler.
No. 62 - THOMSON - FERA - RESOLVED that the 6oUneil~of the Corporation of the
City of Niagara Falls hereby certifies that the application for a zoning amendment
to permit underground parking on property known as Plan 4, Lots 13, 14, 15 and
Plan 28, Lots 19 and 20 on the south side of Simcoe Street between St. Clair
Avenue and Cryslat 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 6nanimously
No. 63 - M~CBAIN - MANN - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that the application of River.Realty
(19~6) Inc..for the rezoning of Part Township Lot 191 on the west side bf the
Niagara River Parkway, will conform to Official Plan Amendment No. 30 of the
Niagara Falls Planning Area once an amendment has been approved by the Minister
of Housing; AND the Seal of th~ Corporation be hereto affixed.
Carried Unanimously
No. 64 - CHEESMAN - FERA - RESOLVED that the unit prices submitted by Kerrio
Limited ~for the construction of ourrent budget watermains, be accepted at the
tendered price of $109,680.64; AND the Seal of the Corporation be hereto
affixed.
Carried Unanimously
ORDERED on the motion of Alderman Themson, seconded by Alderman Stewart, that
tha~folloWiagth~-laws!:beodoweread a~,thlrd,Rn~yfinal,.ttma:Lhc tb"~aw:,.b~
fir~, t ..... :
No. 76-281 - A Byil~w::to authorize the construction of concrete sidewelks in the
77- Glenview Redevelopmerit Area of the City.
No. 76-282 - A By-law to euthorize the construction of certain works in the Woodbine
Redevelopment Area of the City.
Cerried Unanimously
NOB: Alderman Crows was absent when the vote was taken on these..:by-laws.
ORDERED on,the motion of Alderman Thomson, seconded by Alderman Stewart, that
leave be granted Co introduce the following by-laws, and the by-laws be read a
~irst time:
r
- 7-
No. 77-75 - A By-law to prescribe the height and description of lawful fence
No. 77-120 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-43/73)
NEW BUSINESS
AM-8/77, SUNNYLEA CONSTRUCTION - PARKWAY GARDENS
No. 77-121 - A By-law to provide for the adoption of an .amendment to the Offic~
Plan of the Niagara Palls Planning Area. (Amendment No. 87, Rive~
Realty Development)
No. 77-122 - A By-law to amend By-law No. 974 (1955) of the former Village of
Chippawn, now in the City of Niagara Falls, as amended. (AM-34/7~
River Realty Development)
No. 77-123 - A By-law to authorize an agreement with River Realty Developmenti,
(1976) Inc. for the construction of services.
~o~ 771124.-.k By-law to designate certain land not to be s~bject to .part lot,t
' "cOntrol.'(M-53) '
No. 77-125 - A By-law to stop up and close and to authgr~ze the sale .and
conveyance of part of Acheson Avenue.
No. 77-126 -
No. 77-127 -
No. 77-128
A By-law to authorize the execution of an agreement with Kerrio ~
for the construction of watermains. (W. I..12-77) ,
A By-law to authorize the execution of a lease with the MinisterN
Transportation and Communications~ (Renewa~ . Legton Property on'l
Victoria Avenue)
A By-law to amend By-law No. 77-21 providing for appointments to=:
certain Boards, Co~issions and Committees. (C. Wills to Property
Standards Co~nittee)
No. 77-129
A By-law to provide monies for general purposes.
Carried Unan/mous]
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that tl
following by-laws be now read a second and third time:
No. 77-75 - A By-law to prescribe the height and description of lawful fence'
No. 77-120 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-~3/73)
~No. 77-121 -
No. 77-122 -
A By=law to provide for the adoption of an amendment to the Offic
Chippawn, n~ tn the City of Niagara Falls, as am6nded, (~-34/76
River Real~y Development)
No. 77-123 -
A By-law to authorize an agreement With River Rea!ty Development
(1976) Inc. for the construction of services. ,- '
No. 77-124 - A By-law to designate certain land not to be subject to part lot
control. (M-53)
No. 77-125 - A By-law to stop up and close and to authorize the sale and conve
of part of Acheson Avenue.
No. 77-126 - A By-law to authorize the execution of an agreement with Kerrio ~
for the construction of watermains. (W.I. 12-77),
No. 77-127
A By-law to authoriz~ the execution of a lease with the Minister
Transportation and Communications. (Renewal - Legion Property on
Victoria Avenue)
No. 77-128
A By-law to amend By-law No. 77-21, providing for appointments
to certain Boards, C~issions and Co=mittees. (C. Wills to Prope
Standards Couanittee)
No, 77-129 - A By~lew~:~o provide monies for general purposes,
Carried Unsnimousl
Alderman Mann advised that he had not been able to arrange the special
meeting with area residents to discuss the Sunnylea Construction rezoning
application prior to this evening~s meeting. Arrangements have now been
made for the special meeting to be held on Thursday, June 9th at 7:00 p.m.
in the Lions Club House in Chippawa. The Planning Director advised that
the principal of Sunnylea Construction has agreed to attend the public
meeting, but would like assurance that the matter would be considered again
by Council at the next Council meeting. It was moved by Aldermen Mooney,
seconded by Aldermen Mann, that in order to expedite the processing of the
application of Sunnylea Construction, that Council approve of the recommendation
of the Planning & Development Committee to approve the application, subject to
'the objections raised by the neighbouring residents bging resolved. The motion
9arried unanimously.
TENT - VICTORIA AVENUE
Alderman Thomson referred to a large tent erected on Victoria Avenue
in a prime tourist area which apparently received all necessary approvals
from the City to commence business. The Alderman advised that many persons
have referred to the "honky-tonk" atmosphere of the tourist areas in the City,
and the erection of this tent only adds to that atmosphere. It was moved
by Alderman Thomson, seconded by Alderman Mann, that a report be prepared on
steps that can be taken to prevent the use of this type of structure as a
tourist facility in the future. The motion Carried unanimously,
OAKES PARK RUNNING TRACK
Alderman Thomson advised that in speaking to students and other persons
involved in athletic competitions, he had learned that an eight lane running
track facility in Sault Ste. Marie recently held an all Ontario track meet
which drew a substantial number of people to that City. In view of the fact
that the Oakes Park running track is only a six lane facility, the Alderman
suggested that consideration be given to expanding the facility to eight
lanes while it is still under construction if possible, if not, consideration
could be made in the future to expanding the facility.
NANCY,'~REYNDLDS; :NIAGARA FALLS/'REVIgW''
Alderman Cheesman advised members of Council that Nancy Reynolds the
reporter from the Niagara Falls Review usually covering Council meetings,
had recently broken her leg in a minor accident. The Alderman requested
that get well wishes be extended to her on behalf of the Council.
It was moved by Alderman Cheesman, seconded by Alderman Stewart, that
the meeting adjourn. The motion Carried with'Alderman C'~owe voting contrary,
and all others in fayour.
READ AND ADOFEEDs
Council met in Committee of
a regular meeting of Council.
exception of Alderman Sobol.
Following considerat
Whole arose without
Z.ADOPTEDZ
~HOLE
Committee Roem~l
June 6, 1977
on Monday, June 6, 1977, following
~f Council were present with the
Bukator presided as Chairmen.
nted, the Committee of the
'8-
REGULAR MEETING
Council Chambers
June 6, 1977
Council reconvened in open session on Monday, June 6, 1977, following a
meeting in Committee of the Whole. All members of Council were present with
the exception of Aldermen Sobol and Stewart. His Worship, Mayor Bukator
presided as Chairman.
The meeting adjourned.
READ AND ADOPTED,
CLERK
MAYOR
TWENTY-FIFTH MEETING
Committee Room
June 15, 1977
COMMITTEE OF T~E WHOLE
Council met in Committee of the Whole at 4:30 p.m. on Wednesday, June 15,
1977. All members of Council were present with the exception of Alderman Orr.
t~s Worship, Mayor Bukator presided as Chairman.
Following consideration of the items presented, it was moved by
Alderman Chessman, seconded by Alderman Stewart, that the Committee of the Whole
arise and report. The motion Carried unanimously.
READ AND ADOPTED,
MAYOR
Council Chambers
June 15, 1977
Council met on Wednesday, June 15, 1977 at 5:30 p.m. in a special meeting.
All members of Council were present with the exception of Alderman OrS. His
Worship, Mayor Bukator presided as Chairman.
REPORT
No. 282 - City Manager - Re: Debenture Issue Request. The report recommends
that the City request the Regional Municipality of Niagara to issue debentures
in accordance with terms and amounts set out, and confirm that the City has
entered into a contract for or authorized the connencement of all works
included.
ORDERED on the motion of Alderman Crowe, seconded by Alderman Thomson, that
the report be received and adopted.
RESOLUTION
No. 65 - CROWE - THO~ON - RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby requests the Regional Municipality of Niagara
to issue debentures in accordance with the terms and amounts set out below,
and further that the City confirms that it has entered into a contract for, or
authorized the commencement of all works herein listed:
Construction
By-law Number O.M.B. N~nber
7686 C 609368
72-142 H 6700
72-142 H 6700
74-153 and
75-222 E 742497
76-10 E 76364
73-171 E 7~1684
73-171
New~-
Debenture Request Temn.
$ 12,000 10 years
180,000 10 years
86,000 15 years
130,000 10 years
3,000 10 years
108,000 10 years
126~000 15 years
~645e000
; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
It was moved by
meeting adjourn.
READ AND A.DOFrED,
led by Aldermen Stewart, that the
TWENTY-SIXTH MEETING
Co~nittee Room ~1
June 20, 1977
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole at 7:00 p.m. on Monday, June 20,
1977. All members of Council were preaent.~.His~Worship, Mayor Bukator
presided as Chairman.
Following cons ideration of the items presented, theCommittee of the
Whole arose~without.-re
READ AND ADOPTED,
MAYOR
ING
Council Chambers
June 20, 1977
Council met on Monday, June 20, 1977 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present. His Worship,
Mayor Bukator presided as Chairman. Alderman Jaluvka offered the Opeaing
Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Mann, seconded by Alderman Fete, that
the minutes of the meetings held on June 6, 1977 and June 15, 1977, be adopted
as printed.
DEPUTATION
NIAGARA ESCARP~NT CO~4ISSION
Report No. 283 - City Manager - The report advises that members of the
Niagara Escarpment Commission will be in attendance to discuss the boundaries
of the Development Control area, particularly as they affect the proposed
Calaguiro Subdivision.
Mr. Ivor McMullin, Chairman of the Niagara Escarpment Conmission, introduced
the members of the Commission in attendance at the meeting: Mrs. A. MacArthur,
Mr. R. Lowes, Mr. I. Buchanan, Mr. L. Bruzzese and Mr. J. Coffin, Director of
Operations for the Commiasion. His Worship,~ayor Bukator provided members of
Council end the Commission with a brief history of the proposed Calaguiro
SubdiviSion.
Mr. J. Broderick, solicitor for the subdivision developers, was granted
permiss ion to address Council on the motion of Alderman Mann, seconded by
Alderman Cheesmsn. Mr. Bradsrick advised that the subdivision is at the
stage of development where an Official Plan amendment is required to include
the subdivision lands for residential development. When the original
applicstion was made to the Planning & Development Committee in 1972, it was
directed that the application be delayed until the Niagara Escarpment Cormlesion
Development Control area had been established. In 1975 when the application
was amain to be considered, the subdivision lands other than a small portion
at the north end of the plan, were not included in the control area which ran
along the C~N.R. rail line. At that time, the application was approved by the
Planning & Development Committee end subsequently by City Council. Similar
approvals were also received at the Regional level. In 1976, it was found
that Regulation 1021-76 changed the Development Control boundaries to include
the subdivision lands. Mr. Bradsrick urged Council to request the Commission
to remove the Calaguiro lands from the Development Control ares.
Mr. McMullin stated that removing or leaving lends under Development
Control wo~ld not affect approval or denial of the development. Many
il
-2-
subdivis ions in the Niagara and Hamilton areas had been approved by the
Commission previously, and a number that had not been approved by the
Commission were still epproved by the Minister of Housing. It was pointed
out that many developers have asked to have their lands left under
Development Control, as it is faster getting approval through the Commission
than through the Ontario Municipal Board. If objections are received to a
development, a hearing would be held by the Commissionis Hearing Officer
within forty-five days, and a decision would usually be forthcoming within
a month. Mr. McMullin stated that under Development Control, zoning by-laws
do not apply and in the case of the Calaguiro lands, an Official Plan amen~me~
is only required. Under the Act, the Co~nission will a11o~ only that develop-
ment compatible with the production of a plan for the continuous natural
environment of the escarpment. At this point, it was felt by the Commission
that the subdivis ion should not be developed until the Escarpment Plan was
completed, at which time, the lands could show up in the category of lands
to be developed. Once the draft plan is prepared, interested persons will
have every opportunity to co~nnent prior to final approval.
· Alderman .Thomson pointed out that sewers he'd been put. in on,the north
side of Mountain Road to service this property, that the development was
changed to an estate type subdivision to enhance the area, and that the
subdivision was now at the final step only to be trapped by a change in the
Development Control boundaries. Mr. R. Lowes pointed out that it is the
Minister of Housing who would approve the Official Plan amendment and the
subdivision. If approval is received, the subdivision would proceed whether
under Development Control or not. If it is taken out of Development Control,
a zoning amendment would be required and this would not be necessary under
Development Control.
on the grounds that the development would not be compatible t h
of protecting the continuous natural environment of the escarpment. He
pointed out that both the Councils of the City and Region felt the proposal
would be compatible, and an improvement. Objections regarding sound problems
and the operation of the sand pit would be worked out through testing and
non-use of the pit.
Alderman Fern pointed out that the urban area boundaries established by
the Minister of Housing included the subdivision while the C~mmiasionss
Development Control area did not coincide with those boundaries. Mr. Bruzzes~
stated that the urban area does fall within the Commissionis Development
Control boundaries in different locations, however the escarpment does not
cease because of the urban designation. In one case, the Minister had
reconnended extending the' urban area on top of the escarpment to the south
of St. Cathartnes, and this area was considered to be one of the critical
parts of the escarpment to be protected. His Worship, 4vlayor Bukator stated
that Council was of the opinion that development of lands seuth of the
G.N.R. tracks would not affect the escarpment at all.
Alderman Thomson suggested that ~is Worship, Mayor Bukator and a
delegation of members of Council, the developer and his solicitor, request
to meet with the Minister of Housing regarding the future of the Calsguiro
Subdivision. It was then moved by Alderman Thomson, seconded by Alderman
Fern, that the Council of the City of Niagara Falls officially request the
appropriate Provincial authorities to exempt the Calaguiro lands from the
Development Control boundaries of the Niagars Escarpment C~lssion, and
further that the Minister of Housing be asked to give approval to the Officia
Plan amendment for the .proposed subdivision. The motion Carried unanimously.
UNFINISI~D BUSINESS
NIAGARA FALLS RAILWAY RELOCATION STUDY
Report No. 284 - City Manager - The report recommends that the recoae~endation
of the Railway Relocstion Advisory Con~nittee to appoint M~M? Dillon Limited as,
consultants for the Niagara Falls Railway Relocation Study, be adopted.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobol, that the
report barecalved and adop2ed.
e
AM'8/77, SUNNYLEA COI~TRUCTION LTD,
Report No. 255 - Plannin~ & Development Committee - The C~m~lttee recon~nends
approval of the application, and that Council certify by resolution that the
application conforms to Official Plan Amendment No. 30 'as amended and
approved by the Minister of Housing,
-3 -
Alderman Mann advised that a special meeting had been held with the
area residents and the developer recently to discuss the proposal. It was
.the Aldermanis feeling that the r0eeting had gone well, and that the majority
of the residents were satisfied with the explanation provided by the
developer after the meeting.
Mr. B. Ward of 3159 Corry Crescent, was granted permission to address
Council on the motion of Alderman Mann, seconded by Alderman Orr. Mr. Ward
advised that at the meeting, it became apparent that the area residents had
three.choices: 1) To accept the development as proposed; 2) To insist
that only detached housing be constructed; or 3) The developer would sell
the property to a Toronto developer whn could build whatever he wanted.
If this proposal were to be approved, one property owner on Ares Court
would have five families abutting their back property line. The developer
had indicated that he would work out some agreement with this owner, but
no change had been made in the proposal. This application is the third
attempt to fezone th~s land, and Mr. Ward felt it was unfair to pass the
by-law when the first two proposals had been denied, possibly due to the
.~ew m~mbership of the Planning &Development. Camnitteeand their lack of
knowledge of the history of the proposal. Privacy would be lost, and the
complete neighbourhood would be disrupted, as well as the possibility of
property devaluation.
Alderman Mann stated that after the special meeting, he had felt the
majority of the residenta were in agreement with the proposal. The greatest
.variance requested by the developer was seven feet, and the question of loss
of privacy seemed to be answered. Alderman Fera stated that of the ten
members of the Planning & Development Committee, six were members who had
served on the previous term of the Committee, and at that particular meeting,
three of the members represented the Chippaws area.
Following further discussion, it was moved by Alderman Mann, seconded
by Alderman Fers, that the recommendations of the Planning & Development
Committee be adopted. The motion Carried unanimo~sly.
See Resolution No. 66
See By-law No. 77-10~
STANLEY AVENUE BRIDGE OVER WELLAND RIVER
Report No. 285 - City Manager - The report reco~unends Councilis approval for
the oversiz ing of a Regional watermain in conjunction with the Stanley Avenue
bridge construction, and further that the amount of $21,000 be financed from
the Expansion & Renewal Fund.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that
the report be received and adopted.
NOTE: Aldermen Crows and .Mann were absent when the vote was taken o~ this
matter.
CO}~JNICATIONS
No. 91 - Ministry of Revenue, Retail Sales Tax Branch - Re: Garage Sales.
The communication advises that a vendoris permit is necessary for persons
holdin~ garage sales on,a regular basis.
Alderman Cheesmen suggested that this information should be adequately
publicized in the local newspaper.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessmen,
that the connunication be received and filed.
No. 92 - Miss 9ominion of Canada Pageant - Re: 1977 Miss Dominion of Canada
Pageant. The communication advises that the pageant contestants will present
givts to the Mayor at City Mall, and requests the City*S sponsorship of the
usual luncheon on June 27, 1977.
ORDERED on the motion of Aldermen Mac. Bain, seconded by Alderman Orr, that the
request be approved.
NOTE~ Aldermen Crows end Mann were absent when the vote was taken-on this
matter.
No. 93 - Ministry of Transportation & Caranuntcattons'- Re: Metric Conversion
of Speed Limits. The report provides information on the metric conversion
of speed limits in response Co a recent inquiry of Council regarding graduated
sS~ed limits.
-4-
Alderman Cheesman suggested that the Region might wish to consider
the establishment of a higher or lower speed than the present graduated
speed limit since both 35 and 40 m.p.h. would be considered as 60 k.p.h.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Schisler,
that the communication be received and filed.
No. 94 - Ministry of Transportation & Communications - Re: Lighting at Q.E.W.i
Lyon's Creek Interchange. The communication advises that illumination at
the subject interchange is not warranted at this time, however flashing amberi
lights should be installed on the approaches to Lyon's Creek Road.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that
the amber lights be examined following installation to determine their
effectiveness.
No. 95 - Regional Municipality of Niagara - Re: Additional Development of
500 Residential Lots. The communication advises that the development of an
additional 500 single family units may now proceed.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Stewart,
that a report be prepared allocating the additional 500 lots to subdivisions
previously approved but which have not proceeded.
No. 96 - Niagara Falls Public Library - Re: Resignation of Mr. V. Huxtable.
The communication advises that Mr. V. Huxtable has resigned from the Niagara
Falls Public Library, and requests an appointment to fill the vacancy.
ORDERED on the motion of Alderman Mann, seconded by Alderman Chessman, that
the resignation of Mr. V. Huxtable be accepted with regret, and that
F.B. Lewis be appointed for the 1977-78-79 term on the Niagara Falls Public
Library Board.
No. 97 - Ontario Municipal Board - Re: Appointof Hearing. The communication
advises that the Board has appointed Monday, July 11, 1977, in the City Mall
Council Chambers for the hearing on the application of the Region to fezone
lands in the former Township of Crowland to permit a.Lprocesaed organic
residue recovery site.
ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the
information be noted, and the communication received and filed.
REPORTS
No. 286 - City Manager - Re: Aldermanic Vacancy - Ward Two. The report
reco~nends that a special meeting be held on Monday, July 4, 1977, following
the regular Council meeting, for the purpose of appointing a person who has
consented to accept the office to fill the-aldermanic vacancy in Ward Two.
ORDEKED on the motion of Alderman Mann, seconded by Alderman Thomson, that
the report be received and adopted.
No. 287 - City Manager - Re: Nurst Power Tool. The report recommends the
purchase of a Hurst Power Tool used in Fire Department rescue operations,
in the amount of $6,946.00 from C.E. Hickey Company.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fern, that
the report be received and adopted.
See Resolution No.'
No. 288 - City Manager - Re: Tenders - Gasoline, Diesel Fuel & Lubricants.
The report recom,~nds the acceptance of the ~asoline and diesel fuel tender
submitted by Gulf Oil Company, and the acceptance of the hbricant tender
submitted by Shell Oil Company.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that
the report be received and.adopted.
See Resolution No
No. 289 - City Manager - Re: Proposed "Bright's Subdivision". The report
recommends prelimirmry approval of the proposed plan subject to six conditions
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted. The motion Carried with AIderman Fern
voting contrary, and all others in fayour.
NOTE: AIderman Orr was absent when the vote was taken on this matter.
.No. 290 - City Mana2er - Re: Gike Incorporated and Proposed Sunnyside Subdivi,
The report recommends approval of the~:ea[e of e portion of Montrose Road to t
subdivision developer at the rate of $12,000 per acre, and that the purchaser
pay the City's costs for advertising for the road elosinS end any survey eostt
whieh the City may incur.
O~DMRED on the motion of Alderman Crows, seconded by Alderman Mann, that the
report be received end adopted.
NOrgz Alderman Orr was absent when the.vote was taken on this matter.'
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No. 291 - City Manager - Re: 1977 R.T.A.C. Conference. The report recommends
the attendance of one member of Council and one member of staff at the subject
conference to be held in Vancouver, B.C. from October 10 - 14, 1977.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Sobol, that
the report be received and adopted, and that Alderman Crows be authorized to
attend the conference.
NOTE: Alderman Orr was absent when the vote was taken on this matter.
No. 292 - City Manager - Re: Request for Exemption from Part Lot Control, Plan 11
Now Plan.260. The report recommends passage of a by-law exempting certain lots
in Plan 11, now Plan 260, from part lot control, and further that the applicant
be responsible to register the by-law following receipt of approval of the
Ministry of Housing.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted.
See By-law No. 77-131
NOTE: Alderman Orr was absent when the vote was taken
on this matter.
No. 293 - City Manager - Re: Agreement roAmend Subdivision Agreement for Bambi
Estates and Bambi Estates Extension Plans of Subdivision. The report recommends
passage of a by-law to authorize the execution of an agreement amending the
original subdivision agreement in order to take into account various revisions.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the
report be received and adopted.
See By-law No. 77-132
NOTE:
NOTE:
Alderman Crowe declared a conflict of interest and abstained from
voting on this matter.
Aldernmn Orr was absent when the vote was taken on this matter.
No. 294 - City Manager - Re: 1977 Special Winter Maintenance Allocation. The
report recommends passage of a resolution making application for additional
subsidy monies, and further that the previous suggestion of meetings.with the
Region and other affected area municipalities in the Niagara Peninsula, be
established with the appropriate governmental officials as soon as possible.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Jaluvka, that
the report be received and adopted.
See Resolution No. 69
No. 295 - Local Architectural Conservation Advisory Committee - Re: Designation
of Architecturally and Historically Significant Buildings within the City of
Niagara Falls. The Committee recommends the des ignstion of the following
properties under the Ontario Heritage Act,']1974: 3360 St. Patrick Avenue,
6993 Thorold Stone Road, 3428 Portage Road North, 4852 Zimmerman Avenue,
4267 Bridge Street, 3011 Portage Road, 5810 Ferry Street. It is further
reconnnended that designation of five other properties not proceed at this
time.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman,
that the recommendations of the Co,~ittee be~adopted.
No. 296- City Manager - Re: Municipal Accounts. The report recommends
payment of the municipal accounts.
ORDERED on the motion of Alderman Mann, seconded by Alderman Jaluvka, that
the report be received end adopted.
VERBAL REPORT - City Manager - Re: Canadian Institute of Planners Conference.
The City Manager recommended that the Planning Director be authorized to attend
the subject conference to be held in Toronto from June 26 - 29, 1977.
ORDERED on the motion of Alderman Thomson, seconded by Alderman MacBain, that
the recommendation of the City Manager be adopted.
RESOLUTIONS
No. 66 - MANN - FERA - RESOLVED that the Council of the Corporation of the City
of Niagara Fells hereby certifies that the application of Sunnylea Construction
Limited for the fezcuing of certain lots on Mundare Crescent and Lemont Crescent
in Registered Plan 260 (Formerly Plan No. 11), conforms to Official Plan
Amendment No. 30 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 Unanimous.ly
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- 7 -
No. 67 - CHEESMAN - FERA - RESOLVED that the price quoted by C.E. Hickey
Company for the supply of a Nurst Power Tool, be accepted in the amount
of $6,946.00; AND the Seal of the.Corporation be hereto affixed.
Carried Unanimous]
No. 68 - THOMSON - FERA - RESOLVED that the unit prices submitted by Gulf Oil
Company for the supply of gasoline and diesel fuel, be accepted at the quoted
prices of $0.7273 per gallon for gasoline and $0.6673 per gallon for diesel
oil; FURTHER that the unit prices submitted by Shell Oil Company for lubricant~
be accepted; AND the Seal of the Corporation be hereto affixed.
Ca rr led Una nimous
of subsidy monies
Improvement Act on expenditures made in the year 1977, dated June 20, 1977, be '
adopted as presented in the estimated amount for abnormal winter maintenance
expenditures of $214,884.00 with an estimated subsidy of $107,422.00; AND the
Seal of the Corporation be hereto affixed.
Carried Unanimousl.~
BY-LAWS
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that leai~
be granted to introduce the following by-laws, and the by-laws be read a first!l
time:
No. 77-109 - A By-law to amend By-law No. 974 (1955) of the former Village of
Chippaws, now in the City of Niagara Falls, as amended.
No. 77-130 - A By-law to authorize the execution of an agreement with Sunnylea,,
Construction Limited (Mundare Crescent in Parkway Garden. s).
' !77
l~o. 1131 A.By-law ~o designate certain land not tO be subject to part lot
control. (Plan 260)
77-132 - A By-law to authorize an agreement with B.E.N. Developments Limit
343674 Ontario Limited carrying on business as Paramount Propert]
Company and others for the purpose of amending a subdivision agre
with B.E.N. Developments Limited and others dated March 10, 1975.
(Bambi Estates & Bambi Estates Extension Subdivisions) .
No. 77-133 - A By-law to authorize a subdivision agreement with Group 2
Development Limited (Theresa Extension 3½. ~ ·
No. 77-134 - A.By-law to authorize a subdivision alireement with Pegas IncorpoI
(Westwo~d Village Extension II).
No. 77-135 - A By-law to amend By-law No. 3790, being s By-law for the regular
of traffic. (No Parking - Pet~it Avenue)
No.I 77-136 - k By-law to provide monies for-general purposes.,__ - .
Carried with Alder
Crows abstaining e
conflict of inters
on By-law 77-132,
ell others voting
fayput.
ORDERED on the motion of Alderman Themson,-seconded by Alderman Chessman, that,
.the following by-laws be now read a second and third time:
No. 77-109
No. 77-130
- A By-law to amend By-law No. 974 (1955) of the former Village of ~'
Chippawa, now in the City of Niagara Falls, as amended.. (AM-8/77);
- A By-law to authorize the execution of an agreement with Sunnylee.
Construction Limited (Mundara Crescent in Parkway Gardens).
No, 77-131 - A By-law to designate oar:Cain land not to be subject to part lot
control, (Plan 260)
No,
J
A By-law to authorize sn sSrsement with B,E,N, DevelOpments Limit
343674 Onesrio Limited carrying on business as Parsmount Propert:
Company and others for the purpose of amending a subdivision
agreement with B.E.N. Developments Limited and others dated
March 10, 1975. (Bambi Estates & Bambi Estates Extension Subdivis ions)
No. 77-133 - A By-law to authorize a subdivis ion agreement with Group 2 Development
Limited (Theresa Extension 3).
No. 77-134 - A By-law to authorize a subdivision agreement with Pegas Incorporated
(westwood Village Extension II).
No. 77-135 - A By-law to amend By-law No. 3790, being a By-law for the regulation
of traffic. (No Parking - Pettit Avenue)
No. 77-136 - A By-law to provide monies for gen~r~ purposes.
Carried with Alderman
Crowe abstaining on a
conflict of interest
on By-law 77-132, and
all others voting in
fayour.
NEW BUSINESS
WATER RESTRICTIONS
Alderman Thomson referred to con~ents of the City Manager in a recent
newspaper article concerning the possibility of extending water restrictions
for the rest of the s.mmer months. The Alderman suggested that some
consideration be given to changing the hours in the restrictions, possibly
having odd house numbers watering on odd days, and vice verse. The question
was also raised as to whether or not water restrictions would be necessary
for the rest of the s-mmer. It was moved by Alderman Thomson, seconded
by Alderman Chessman, that a report be prepared outlining the necessity
of water reatricti6ns for the remainder of ~he sunnner, and if necessary,
suggesting alternate hours of restrictions for the convenience of residents.
The motion Carried unanimously.
CITY TOURIST AREAS
Alderman Themson advised that the tent. erected on,Victoria ·Avenue near
the Centre Street - Clifton Hill-area, had met all Municipal requirements to
carry on business in the City. This type of operation, as well as carnival
rides, flashing lights and loud speakers in this area, add to the "honky-tonk
side show" atmosphere the City has been criticized for in the past. The
Alderman referred to the efforts of the Niagara Parks Commission to eliminate
this type of situation in their lands, and suggested that a similar effort
could be undertaken Jointly by the City and the tourist industry through the
N.R.T.A. The Alderman further suggested that the N.R.T.A. could bring this
problem to the light of its membership, with a view to developing guidelines
'acceptable both to the City and the tourist~industry that would ~ive the
City a more pleasing atmosphere and maintain the high standards observed by
many local tourist operators.
MESSAGE OF CONDOLENCE
At the request of His Worship, Mayor Bukator, it was moved by Alderman
Thomson, seconded by Alderman Fare, that a message of sympathy be sent to the
family of the late Alderman Seaman Moonay, a member of the Niagara Falls City
Council and highly respected citizen of Niagara Palls. The motion Carried.
unanimously.
PARKING ON RIVER ROAD
Alderman Sobol requested that cons ideration be given to imposing a time
limit on parking on River Road, especially between Phillip and John Streets.
Trailers are apparently parking in this area for extended periods of time,
causing noise lace at night, and leaving debris on the road after they
have left,
TBAFFIC PROBLEM - TOWN & COUNTRY PLAZA
Alderman Sobol advised that ~ers-+lesving the Town & Country Plaza have
a great deal of difficulty-in gaining access to Portage Road due to the
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traffic in the area, and obstructed vision due to newspaper stands on the
sidewalk. The Director of Municipal Works advised that the Region has
investigated this matter, and has included funds in their budget to install
traffic signals in the area.
It was moved by Alderman Fere, seconded by Alderman Stewart, that the
meeting adjourn to Committee of the Whole. The motion Carried unanimously.
READ ANDADOPTED,
,\
MAYOR
Coh~.~ittee Room~l
June 20, 1977
Council met in Committee of the Whole on Monday, June 20, 1977, followingi'
a regular meeting of Council. All members of Council were present. ' His Worsh~
Mayor, Bukator presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose'without reporting. . -'
READ AND ADOPTED,
Council Chambers
June 20, 1977
Council reconvened in open session on Monday, June 20, 1977, following
a meeting in Cou=~ittee of the Whole. All members of Council were present.
His Worship, Mayor B~kator presided as Chairman. I
The meeting adjourned·
MAYOR
'READ ND ADOFEED,
CLE ~' ~
TWENTY-SEVENTH MEETING
COMMITTEE OF THE WHOLE
Conunittee Room #1
June 22, 1977
Council met in Committee of the Whole at 4:30 p.m. on Wednesday, June 22,
1977. All members of Council were present with the exception of Alderman
Schisler. His Worship, Mayor Bukator presided as Chairman.
Following consideration of the items presented, it was moved by Alderman
Thomson, seconded by Alderman Stewart, that the Committee of the Whole rise
and report. Carried Unanimously.
READ AND ADOPTED,
MAYOR
Council Chambers
June 22, 1977
Council met in special session on Wednesday, June 22, 1977, following a
meeting in Committee of the Whole. All members of Council were present with
the exception of Alderman Schisler. His Worship, Mayor Bukator presided as
Chairman.
REPORTS
No. 297 - City Manager - Re: Memorandum of Settlement - Local 133, C.U.P.E.
The report recoranends approval of the terms of the memorandum of settlement
reached by the City and Union negotiating committees. The terms of settlement
include: 1) a one year agreement terminating December 31/77; 2) An increase
in student and trainee rates of 6% and all other rates 6.9% effective
January 1/77; 3) Changes in Vision Care and Dental Plans effective September
1/77; 4) Cash payment of $70.00 to all employees on the payroll on May 30,
1977 who return to work after ratification.
ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
ORDERED-on, themotion of Alderman Thomson, seconded by Alderman MacBain,
that the statement of His Worship, Mayor Bukator concerning the settlemant of
the strike with Locsl 133, C.U~P.E., be approved and submitted to the press.
Carried Unanimous ly. ~'
:
No. 298 - City Manager - Re: Non-Union Salary Increases. The report recommends
a 7.1% salary increase for Executive, Supervisory and Secretarial positions,
together with changesin the Benefits By-law in line with those recommended
for union personnel relating to vacations, vision care and dental plan.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Thomson, that
the report be received and adopted. Carried Unanimously.
No. 299 - City Manager - Re: Post Strike Work Strategy for Design & Construction
Depsr~nent, Projects & Services Department, Building & Development Department and
Garbage Collection after Strike. The report provides information on the
transition back to normal operations in the various departments.and resumption
of BarbaSe collection after the strike.
ORDERED on the motion of Alderman Crowe, seconded by Aideman Orr, that the
report be received and adopted. ly.
It was moved by
meeting adjourn,.
-BEAD AND.ADOPTeD,
Aldermen Cheesmsn, that the
CLERK
M~YOR
TWENTY-EIGHTH MEETING
Committee Room #1
July 4, 1977
COMMITTEE OF THE ~HOLE
Council met in Committee of the Whole at 7:00 p.m. on Monday, July 4,
1977. All members of Council were present with the exception of Aldermen
Cheeaman, Jaluvka and MacBain. Alderman Crowe presided as Chairman.
Following consideration of the items presented, the Connnittee of the
Whole arose without reporting.
READ AND ADOPTED,
Council Chambers
July 4, 1977
Council met on Monday, July 4, 1977 at 7:30 p.m. for the purpose of
considering general business. All.~embers of Council were present, with
the exception of Aldermen Chessman, Jaluvka and MacBain. His Worship;
Mayor Bukator presided as Chairman. Alderman Schis let offered the Opening
Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that
the minutes of the meetings held on June 20th and June 22nd, 1977, be adopted
as printed. Carried Unanimously.
PRESENTATION OF TRAINING COURSE CERTIFICATES
Report No. 300 - City Manager - The report advises of those ataff members who
have successfully completed training courses.
His Worship, Mayor Bukator presented certificates to Mr. K.V. Askew,
Mr. g. Hotton, Mr. J. Bernardi and Mr. F. Higgins. Certificates will be
presented to the following staff members who were not in attendance at the
meeting: Mr. S. Iorfida, Mr. F. Mazzei, Mr. M.Z. Ali, Mr. N. Hare,
Mr. D. Costsilo, Mr. L. Foster, Mr. M. Cerminara, Mr. D. Foster, Mr. A. Judge,
Mr. T. Barnes, Mr. S. Toth and Mr. S. Olszewski.
ORDERED on the motion of Alderm~n Thomson, sm~onded by Alderman Stewart, that
the report be received and filed. Carried Unanimously.
UNFINISHED BUSINESS
VICTORIA MARKET, 5869 VICTORIA AVENUE
Report No. 301 - City Manager - The report provides information on the erection
of a tent on the property known as 5869 Victoria Avenue and its use for the sale
of souvenirs, wearing apparel, etc. It is rec~a~ended that representatives
of the Centre business area, the N.R.T.A., representatives of City Council and
municipal staff meet to determine long range objectives for the Cityis tourist
areas and in particular the Centre area, and recommend to Council policies to
achieve that end. It is further recommended that City staff prepare a report
recommending amendments to existtn~ by-laws in order to prohibit the erection
of tents for business use, other than carnival uses and similar activities.
Alderman Thomson noted that no mention was made by the applicants in
applying for a licence, that a tent would be erected, and work was well under
way before City officials were aware.of the situation. In response toe
question raised by Alderman Thomson, the City Clerk advised that the only
approach to the probtem would be through amcndments to zoning by*laws that
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would prohibit the erection of tents in the ares. The Clerk further advised
that the City has received written assurance from the operators, that the
business would be closed by September 15th, 1977.
Alderman Orr stated that this matter had been thoroughly discussed at
a recent board of directors meeting of the Niagara Resort & Tourist Assetjail0;
and in the pres ident's opinion, it was a disgrace to the City to permit such
a honky-tonk site to exist:at all, let alone in an area affecting million
dollar commercial outlets. This image could leave an unfavourable-impression
in the minds of tourists. Alderman Sobel was critical of the conduct of
certain motel operators in the City, and quoted several instances where
motel operators had refused accommodation unless rooms were taken for several
nights or unless tourists booked a tour. The Alderman suggested that a code
of ethics be set up, possibly to include prices recesssanded by the N.R.T.A.
r
Mr. G. Paul of the N.R.T.A. was granted permission to address Council
on the motion of Alderman err, seconded by Alderman Thanson. Mr. Paul stated
that ha would take exception to the view .that the structure in question
should be removed immediately, particularly since the operators have received .:
a license and are operating legitimately. Those involved in the tourist '
industry while not responsible for this situation in particular, are made
to seem responsible through publicity on the matter. With regard to the
code of ethics mentioned, Mr. Paul stated that he had raised the matter ~
several years ago, but had abandoned the idea upon learning the Province was
preparing a grading system that would weigh heavily on the conduct of bus iness
operators. The Province has appointed a consultant to deal with the system,
and it was hoped that the system would be put into effect in one or two years.'
In response to a question raised by Alderman Fern, the City Clerk advised'
that the necessary zoning by-law amendment would amend the uses permitted in
'different districtss and would require newspaper advertising and notification
to the public in accordance with zoning regulations. Such a process would be
time consuming, and it was unlikely that the amendments would take effect
prior to September 15th when the operators would cease operations. That was
the reason for placing emphasis on establishing a camultras to work on the
matter and work out a long term pblicy for the area, hope_Lfully prior to the
commencement of the next yearss season.
Alderman Crows agreed that tourist operators are in business to make
money and that in order to keep up with competition, an operator must have
as many signs and lights as his competitor to remain in business. This has
been the cause of a depreciation in the area and the value of the product
put out. The Falls and the parks system have been downgraded to the point
of becoming honky-tonk, and the entire area must be reviewed so that a by-law
could be enacted to restrict these elements and premot~ a better image of
the City. The Alderman felt it would be a waste of time to direct all efforts
to bringing down one tent, and that the whole area should be considered.
Following further comment, it was moved by Alderman Thomson, .seconded
by Alderman Mann, that the report be received and adopted. Carried Unanimous]
WATER RESTRICTIONS
Communication No. 98 - Regional Municipality of Niagara - The communication
thanks the City for invoking restrictions during the period of the strike by
Regional employees.
AND
Report No. 302 - _City Manager - The report reco~nends that re~trictions on the
use of water for sprinkling of lawns and gardens be prohibited between 9:00
and 6:00 p.m. any day of the week as a temporary experiment. 'It is further '.
recommended that if necessary during the experiment to tighten the restrictio~
that City staff in co-operation with Regional staff, be authorized to take the
necessary steps to improve fire protection and request a change of restriction~
to be proclaimed by the b~yor as authorized under By-l~w 5141 without prior
report to Council.
Alderman Thomson felt that if the City was going to experiment with water
restrictions, the even house number, even day/odd house number odd day system
should be used on 8 trial basis to alleviate the sudden drop in water pressures
presently, experienced after 8100 p.m, The Director of Municipal Works explai~
that this system had been tried in the past, and for a number of reasons, was
not recommended. People who were away on their watering day would return attd
wager Cheir lawns anyway, BurinS a hO~ $~ll, lawns and 8ardens must ~e vatsre
-3 -
daily for any real benefit. The most important reason was that under the
current restrictions, it was possible to fill the reservoir and draw supply
from there when the water plant alone could not cope with the demands.
Under the previous system, this was not possible. When restrictions are
limited to certain hours each day, there is virtually no water being used,
allowing the reservoir to be filled and ensuring an adequate supply of
water for fire fighting purposes. The Director of Municipal Works further
advised that to date, no legal steps have been taken to enforce the water
restrictions, and only warnings had been issued. In many cases, these
warnings were ignored, and it was advised that in future, stricter enforcement
would be made, and charges would be laid against violators.
Following further comment, it was moved by Alderman Crows, seconded by
Alderman Mann, that the conmuniCation from the Region be received and filed,
and the report be received and 8dopted...~he motion Carried.with Alderman
Thomson voting contrary, and all others in favour.
" COMMUNICATIONS
No. 99 - Toronto Association for Peace - Re: Endor~ti6n of Stockholm Appeal
for Stopping the Arms Race & Disarmament. The con~nunication requests the
endorsation of the City o~ the Stockholm Appeal for Stopping the Arms Race
and Disarmament.
ORDERED on the motiqn of Alderman Mann, seconded by Alderman Crows, that the
communication be received and filed. Carried Unanimously.
No. 100 - Regional Municipality of Niagara - Re: Regional Public Works Week.
The communication advises that Regional Public Works Week originally scheduled
for one week in May will now be observed .during the week of September 25 -
October 1, 1977.
ORDERED on the motion of Alderman Thanson, seconded by Alderman Orr, that the
communication be received and filed. Carried Unanimously.
REPORTS
No. 303 - City Manager - Re: AM-26/77, Ministry of Housing - East S ida of
Portage Road at St. John Street Intersection "Portage Green Subdivision".
The report recommends approval of the application to permit the construction
of a 9 s~orey, 120 unit apartment building for senior citizens and a
csretaker's unit.
ORDERED on the motion of Alderman Mann, seconded by Alderma~ Stewart, that
the report ~e received and adopted. Carried with Alderman Crows abstaining
on a conflict of interest, and all others voting in favour.
See Resolution No. 70
See By-laws 77-137 and
77-138
No. 304 - City Manager - Re: Blocks A, B and C, Bell Subdivision, Registered
Plan 15 for the former Village of Chippaws (Now Plan 264). The report reconnends
passage of two by-laws, to establish Block A as a public highway to form part of
Bell Crescent and to authorize the conveyance of Block B to the owner of Lot 31
and Block C to the owner of Lot 32.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Stewart, that the
report be received and adopted. Carried Unanimously,
See By-laws 77-139 and
77-140
No. 305 - City Manager - Re: Gike Incorporated and Proposed Sunnyside Subdivis ion,
M~nistry of Housing File 2~T-76057. The report recommends that the City Solicitor
proceed with the necessary advertising for the proposed road closing.which is to
include Part 3 and the land marked B on the attached plan, and that when closed
these lands be offered for sale to the abutting owner at the rate of $12,000
per acre, plus the City's costs for advertising and any survey costs which the
City may incur.
ORDEI~ED on the motion of Alderman Orr, seconded by Alderman Thanson, that the
report be receivedand adopted. Carried Unanimously.
No. 306 - City Manager - Re: Fencing Quotations. The report recommends that
prices received from Lundy Steel Limited for the supply and erection of fences be
accepted by Council.
blr. A. McDouga!l, s resident in the Ascot Woods Subdivision, was 8ranted
permission to address Council on the motion of Alderman Mann, seconded by
Aldernmn. arr. Hr. MaDouSsll asked when the fencing in the subdivision would
-4-
be carried out. The Director of Municipal Works advised that all work in
the fencing progreene would be completed within one month, and that certain
areas, including Ascot Woods Subdivision, would receive priority. In
response to a further question regarding height of the fencing on adjacent
lots with varying setbacks, the Director of Municipal Works advised that he
would obtain this information and relay same to Mr. McDougall.
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
See Resolution No,]'
No. 307 - City Manager - Re: Rodent Control in the City of Niagara Falls. The
report recommends acceptance of the quotation by P.C.O. Services Ltd. for one
year from July 1, 1977 and that an agreement to this effect be executed. It
is further recommended that exterminations on private properties at a cost of
$1.00 per extermination be absorbed by the City for the period of the contract4
ORDERED on the motion of Alderman Fete, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
See Resolution No,~
No. 308 - City Manager - Re: Contract R.C. 14-77, Finished Road Construction
LaScala Subdivision and Miscellaneous Work. The report recommends acceptance
of the tender submitted by Hard Rock Paving Co. Ltd. for the construction of
finished roads in LaScala Subdivision, installation of sewer and water lateral!!
to the proposed Bonnie Subdivision, and the installation of a sanitary sewer
and lateral for 6861 Waters Avenue.
ORDERED on the motion of Alderman Mann, seconded by Aldermen Fete, that the
report be received and adopted. Carried Unanimously.
See Resolution No,~
See By-law No. 77-
No. 309 - City Manager - Re: Annual Conference - Association of Ontario
Municipalities. The report advises that five voting delegates are eligible
to represent the Oity atethe annual conference to be held in Toronto from
Augnat 21 - 24, 1977.
ORDERED on the motion of Alderman Mann, seconded by Aldei~n Sobol, that
Aldermen Cheesman, Crows, Fera, Orr and Thomson be authorized to attend the
Annual Conference of the Association of Ontario Municipalities· Carried
Unanimously.
No. 310 - City Manager - Re: Post-Strike Cleanup Operations. The report
advises of cleanup operations for the seven designated temporary dispnaal siteq
non-designated areas and roadsides.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobel, that the
report be received and filed. Carried Unanimously. ~
No. 311 - City Manager - Re: Litter Containers. The repor.t.~dvises that the
Beautification Con~nittee of the Downtown Board of Management has ordered
twenty-four litter containers of their own choice which it intends to install
on Queen Street and expects the City to empty. It is reconnended that the
Beautification Committee be requested to submit infonna~ion on both the design~
Council and shall iudenmt~y the City against any and all claims resulting from
the installation of the said units.
ORDERED on the motion of Aldernmn Crows, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 312 - City Manager - Re: Guidelines for the Design and Construction of
Sewers and Watermain Systems. The report reconnends that the-Guidelines for
the Design and Construction of Sewer and Watermain Systems be. ratified by the
~nd a copy of this report along with the City~s thanks and congratulations, be
sent to the ReSional Municipality of Niagara.
ORDERED on the motion of Alderman Harm, seconded by Alderman Thomson, that the
report be received'and adopted.- Carried' Unanimously.
No. 313 - His Worship, NayOr Buhator - Re:.Regionsl Activites. The report
-. outlines a number of the importan~ items approved by Regional Council concernt
'the City of Niagara Falls.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fete, that the
rep~rtbe received and filed, Carrisd Unanimo~.al~. ~ - ·
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No. 314 - City Manager - Re: Employee Benefits. The report recommends that
the proposal submitted by R.C. Young Insurance Agency Ltd. regarding employee
benefits, be accepted by Council and that the changes be effective September 1,
1977.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the
report be received and adopted. Carried Unanimously.
No. 315 - City Manager - Re: St. John Ambulance Emergency Boat Patrol. The
report recommends that Council approve the purchase of a 16-foot blue fin
Sea Hawk patrol boat from Drummond Sports and Marine Ltd. for the sum of $4,950
plus Provincial Sales Tax.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See Resolution No, 74
No. 316 - City Manager - Re: Resolutions from Other Municipalities.
1) City of Owen Sound - Requesting the Province of Ontario to amend the Building
Code Act to provide that p~oceedings to enforce a contravention of the Code
may be initiated within one year after the time of the contravention.
Recommendation - That the resolution be endorsed and the appropriate
authorities so notified.
~) Ontario Association of Property Standards Officers - Requesting continuance
of the Ontario Home Renews 1 Program.
Recommendation - That the City support Clause '~" as outlined in the
resolution.
3)-Regions 1 Municipality of Waterloo - Requesting the Government of Ontario to
suspend operation of P.S.I. Mind Development Organization activities.
Recommendation - That the resolution be received and filed.
4) City of Cambrides --Requesting the Ontario Government to change election dates
to the month of October.
Recon~nendation - That the resolution be received and filed.
5) City of London - Requesting the Provincial Government to amend the Local
Improvement Act to issue debentures to construct local improvements immediately
upon the awarding of the contract..
Recou~endation - That the resolution be endorsed.
6) Town of Pelham - Recommending that the Weed Control Act he amended to meke
certain provisions applicable to lots not exceeding 25 acres.
Recon~endation - That the resolution be endorsed.
7) City of Kingston - Requesting the Provincial Government to provide legislation
to enable municipalities to regulate the hours of operation of car washes.
Recommendation - That the resolution be received and filed.
8) City of Kingston - Requesting the Ministry of Agriculture and Food to improve
the definition to be used for determining whether or not a dog is running at
large.
Recoum~endation - That the resolution be endorsed.
9) City of Port Colborne - Requesting the M.T.C. to consider the licensing of
all terrain vehicles.
Recou~nendation - That the resolution be received and filed.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 317 - City Manager - Re: Cakes Park Running Track. The report recommends
that a ~6-1ane traek and field facility be completedas scheduled and that the
addition of lanes be referred to the Recreation Director for further discussion
with track club representatives, school track officials, Provincial and Federal
representatives.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fete, that the
report be received and adopted. Carried Unanimously.
No. 318 - City Manager - Re: Building Permits. The report provides a breakdown
of the permits issued by the Bui~ ing & Development Department for the month of
May, 1977.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that
the report be received and filed. Carried Unanimously.
No. 319 - City Nansger - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
The City Manager provided information on Cheque $~480 in response to a question
raised by Alderman Schisler.
ORDERED on the motion of Aldermen Crowe~ seconded by Alderman Orr, that the
report be received end adopted.
Carried Unanimously.
..... 6 ,!]
......................................................
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RESOLUTIONS
No. 70 MANN - STEWART - RESOLVED that the Council of the Corporation of
-
the City of Niagara Falls hereby certifies that the application of the Minisir}
of Housir~ for the rezoning of Block J,-Registered Plan M-33, on the east side.
of Portage Road at the St. John Street intersection, will conform to Official '
Plan Amendment No. 28 of the Niagara Falls- Planning Area, once a further amend
merit has been approved by the M/sister of Housing; AND the Seal of the ~ No.
.COrporation- ~e hereto affixed'.
Carried Unanimousl~
No. 71 - I~NN - SCHILLER - EESOLVED that the quotation submitted by Lundy Steel
Limited for the supply and erection of fences, be accepted in the total amountS,
of $13,728.00; AND the Seal of the Corporationbe hereto affixed.
· "' Carried Unanimousl~
I.
No. 72 - FERA - STEWART - RESOLVED that the quotation submitted by P.C.O.
~ervices Ltd. for rodent control in the 'City of Niagara Falls be accepted at
the price of $1~390 for exterminations on City property, and the price of
$1.00 per call for exterminations on private property; AND the Seal of the "
Corporation be hereto affixed.
Carried Unanimousl~
No. 73 - MANN - FERA - RESOLVED that the tender submitted by Hard Rock Paving
Company Limited for finished road construction in IaScala Subdivision, sewer
end water laterals to the proposed Bonnie Subdivision, and a sanitary sewer
and lateral for 6861 Waters Avenue, be accepted at the total price of $53~990.~
AND the Seal of the Corporation be hereto affixed.
Carried Unanimousl}
No. 74 - THOMSON - ORE - PaSOLVED that the price quoted by Dr--~ond Sports and
Marine for the supply of a 16-foot blue fin Sea Hawk patrol boat and accessori{
be accepted at the price of $4,950.00; AND the Seal of the Corporation be hereli
affixed.
Carried UnanimouslL.
BY-IAWS
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobel, that leave
be granted. to introduce the following by-laws, and the by-laws be read a firstJ
time:
No. 77-137 - A By-law to provide for the adoption of an amendment to the Offic:.~
Plan of. the Niagara Falls Planning Area. (Amendment No. 89, Minisi
of Housing) t
No. 77-138.- A By-law to amend By-law No. 2530, ~960 of'the former Township of
Stamford, now in the City of Niagara Falls, as amended. '(AM-26/~?
Ministry of Housing)
No. 77-139 - A By-law to authorize the conveyance of Blocks "B" and "C" Regis
Plan No. 15 for the former Village of Chippawn to~ the abutting or:
No. 77-140 - A By-law to establish a certain one foot reserve block as a public.
highway. (Bell Crescent)
No. 77-141 - A By-l~w to authorize the ex,ecution of an agreement with Hard-Roc~
Paving Company Limited for the construction of roads. (R.C. 14/77}~
No. 77-142 - A By-law to a~thorize the execution of an agreement between the
Corporation of the City of Niagara Falls and the .Canadian Union
Public Employees, Local Union Number 133.
No. 77-143 - A By-law respecting sick leave credits, pensions and other benefi~
for enploye~e. ...
No. 77-144 - A By-law to amend By-law No. 77-21 providinS for appointments to
certain Boards, Conmissions and C~ittees. (F,B. Lewis to Niagara~
~- Fails Public Library Board)
No, 77~145 :- A By, le~:t~:pro¥t.~e. moniee~:~Or Senersl purposes,
eartied with Alder~
Oro~e abstaining
CO.n~iot ~f inters,
ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the
following by-laws be now read a second and third time:
No. 77-137 -
A By-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Falls Planning Area. (Amendment No. 89, Ministry
of HoUsing)
77'138 -
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..(AM-26/77,
Ministry o'f Housing)
No. 77-139 - A By-law to authorize the conveyance of Blocks "B" and "C", Registered
Plan No. 15 for the former Village of Chippawa to the abutting owners.
No. 77-140 - A By-law to establish a certain one foot reserve block as a public
highway. (Bell Crescent)
No. 77-141 - A By-law to authorize the execution of an agreement with Hard-Rock
Paving Company Limited for the construction of roads. (R.C. 14/77)
No. 77-142 -
A By-law to authorize the execution of an agreement between the
Corporation of the City of Niagara Falls and the Canadian Union of
Public Employees, Local Union Number 133.
No. 77-143 - A By-law respecting sick leave credits, pensions and other benefits
for employees.
No. 77-144 -
A By-law to amend By-law No. 77-21 providing for appointments to
certain Boards, Commissions and Cormtrices. (F.B. Lewis to Niagara
Falls Public Library Board)
No. 77-145 - A By-law to provide monies for general purposes.
Carried with Alderman
Crowe abstaining on a
conflict of interest.
NEW BUSINESS
CONTROL OF CATS
Alderman Fera referred to a problem recently brought up by Aldermen Orr
concerning the number of cats around the Epworth Circle area, and complaints
of area residents in this regard. The Alderman advised that he had also
received a nun~er of calls on this problem, and suggested that consideration
be given to a regulatory by-law for cats similar to one ~n effect for dogs.
The City Clerk advised that the City of Mtssissauga had given cons idaration
to such a by-law at one time, and information and copies of the by-law would
be obtained from that City for Council~s consideration.
MOTORIZED VEHICLES ON CITY WALKWAY
Alderman Thomson referred to a recurring problem of motorized vehicles
using the walkway behind HallparkDrive, and a wwher of complaints he had
received from area residents in this regard. Young people on mini-bikes and
in one instance, a four-wheel drive vehiclehave 8ained access to the walkway
through private landsT as the 8stes,-at the entrance to the walkway prevent
vehicular access. ~hen residents had attempted to police the area, they had
mee with verbal abuse from the offenders. The Alderman advised that similar
problems had been experienced in St. Catharines, and extensive reports had
been prepared concerning a tougher regulatory by-law. It was moved by
Alderman Thomson, seconded by Alderman Fera, that a report be prepared on
steps that can be taken to enforce the vehicle prohibition on the walkway.
The motion Carried unanimously.
SWAMPY CONDITIONS - THOROLD STONE ROAD & FRONTEBAC WOODS SUBDIVISION
Alderman Sobel advised that she had received complaints regarding swampy
conditions from residents on Thorold Stone Road and the Frontsnat Woods
Subdivision area. Aldermen Thomson indicated that complaints of this nature
should be referred to the health unit, which has the authority to order the
owner of the lands in question to drain the area~ spray or take o~har steps
to eliminate the problem.
It was moved by Alderwan Thomson, seconded by Alderman Orr, that the ~
meeting adjourns and Council reconvene in special session. Carried Unsnimousl.
READ AND ADOPTED,
:{
TWENTY-NIN~HMEETING
SPECIAL Iv~ETING
Council Chambers
July 4, 1977
Council met in special session at approximately 9:00 p.m. on Monday,
July 4, 1977 for the puSpose of filling an Aldermanic vacancy. All members
of Council were present with the exception of Aldermen Cheesman, Jaluvka
and MacBain. His Worship, Mayor Bukator presided as Chairman.
ORDERED on the motion of Alderman Orr, seconded by Alderman Mann, that
Mr. Donald Dilts be appointed to fill the Aldermanic vacancy created by the
death of Seawan Mooney. The motion Carried with Alderman Stewart voting
contrary, and all others voting in layout.
It was moved by Alderman Mann, seconded by Alderman Stewart, that the
READ AND ADOPTED,
,MAYOR
CO~, ,. , .,,:OLE
m
Camnittee Room#l
July 4, 1977
Council met in Committee of the Whole on Monday, July 4, 1977, following
a special meeting. All members of Council were present with the exception of
Aldermen Chesswan, Jaluvka, Macgain and Thomson. Alderman Crowe presided as
Following consideration of the items presented, the Committee of the
Whole arose without
READ ANDADOPTED,
MAYOR
Council Chambers
July 4, 1977
Council reconvened in open session on Monday, July 4, 1977, following
a meeting in Connittee of the Whole. All members of Council were present
with the exception of Aldermen Cheeswan, Jaluvka, MacBain and Thomson. His
Worship, Mayor Bukator presided as Chaizman.
The meeting adjourned.
READ AND ADOFEED,
MAYOR
THIRTIETH MEETING
Committee Room ~1
July 18, 1977
COMMITTEE OF THE WHOLE
Council met in Conmittee of the Whole at 7:00 p.m. on Monday, July 18,
1977. All members of Council were present with the exception of Alderman 0rr.
Alderman Mann presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
READ AND ADOPTED,
CLERK
MAYOR
Council Chambers
July 18, 1977
Council met on Monday, July 18, 1977 at 7:25 p.m. for the purpose of
considering general business. All members of Council were present. His
Worship, Mayor Bukator presided as Chairman. Alderman MacBain offered the
Opening Prayer.
DECLARATION OF OFFICE - ALDERM~N DONALD DILTS
Alderman Donald Dilts 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. His Worship, Mayor Bukator welcomed Alderman
Dilts to the Council and assured Council that Alderman Dilts' efforts on
Council would prove to be an asset to the City.
BY-LAW
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson,
that leave be granted to introduce the following by-law, and the by-law be
read a first time:
No. 77-156 - A By-law to appoint Donald E. Dilts a member of Council of the
City of Niagara Falls.
Oartied Unanimously
ORDERED on the motion of Alderman Thomsen, seconded by Alderman Fera,
that the ~ollowing by-law be now read a second and third time:
No. 77-156 - A By-law to appoint Donald E. Dilts a member of Council of the
City of Niagara Falls.
Carried Unanimously
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman,
that the minutes of the meetings held on July 4th, 1977, be adopted as printed.
Carried Unanimously,
CO~4UNICATIONS
No. 101 * Hetherington & Deans Funeral Service - Re: Service during City Strike.
The communication extends the finn's thanks for the services provided during
the recent strike by supervisory staff, and to the C.U.P.E. members serving on
picket duty for the tactful and discreet manner in carrying out those duties.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
a copy of the letter be directed to the appropriate personnel. Carrie~
Unanimously.
No. 102- Cobalt Fire Disaster Fund - Re: Request for Financial Assistance.
The c~unication requests financial assistance from the City in the rebuildinS
-2-
of Cobalt following a disastrous fire in May of this year.
Alderman Thomson suggested the formation of a policy covering requests
for financial assistance in the future. The City Manager indicated that such
a policy could be prepared for a future meeting, however a decision on a
contribution for Cobalt could be made immediately due to the serious nature
of the disaster. The City Manager pointed out that the Town had suffered
a tremendous fiscal burden due to the fire, and it was hoped that other
municipalities in Ontario would assist Niagara Falls in a similar way should
such a disaster occur in the City. Alderman Crows stated that requests of
this nature should be considered on their own merits, and a general policy
could not cover all situations. In response to a question raised by Alderman
Sobol, the City Manager indicated that presently unallocated funds could be
found in the budget for this purpose.
ORDERED on the motion of Alderman Mann, seconded by Alderman MacBain, that an
amount of $1,000 be contributed to the Cobalt Fire Disaster Fund. Carried
Unanimously.
No. 103- Greater Niagara Safety Council - Re: Traffic Matters. The co~nunicati
requests Councilws consideration of: (a) No parking on both sides Of Stamford
Street, from 100 feet west of MacDonald Avenue and 100 feet east of Heywood
Avenu% and (b) Parking on one side only on the remaining sections of Stamford
Street between Victoria Avenue and Stanley Avenue.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that
the communication be referred to staff for the preparation of a report.
Carried Unanimously.
No. 104- Minister of Industry and Tourism - Re: Market Research Study. The
communication advises that the Niagara and Mid-Western Ontario Travel
Association, the Niagara Resort & Tourist Association, Niagara Parks Camnissiol
Niagara College of Applied Arts & Technology and the Ministry have undertaken
a Niagara Falls Market Research Study during the current tourist season.
Regional Councillor Smeston advised that officials of the M.T.C., N.R.T.A.
City and Regional officials had met recently. concerning directional guide sign!'
to the City business and tourist areas, and suggested that the review of the
,directional guide signing could be co-ordinated with the-emrket research study, 4
ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler, thah'
the Minister of Industry and Tourlsm be requested to co-ordinate the Market
Research Study with the review carried out by the Ministry of Transportation
and Connunicationa on directional guide signing to tourist areas. Carried
Unanimous ly.
No. 105- Downtown Business Improvement Area - Re: Annual Sidewalk Sale. The
communication requests the closing of Queen Street from Erie Avenue to
St. Lawrence Avenue from 9:00 a.m. to 5:30 p.m. on Jul~ 30th, 1977 for the
annual sidewalk sale.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thenson, that
the request be approved subject to receipt of all other necessary approvals.'
Carried Unanimously.
REPORTS
· No. 320 - City Manager - Re: Revised M.O.E. Allocation for Residential Expansi
The report recommends the sdditionsl allocation of 500 ~ingle family units, be
in reserve and distributed to those subdivisions ready for immediate developme~
It is further recommended that the Region be requested to continue to process
all plans of subdivision on the understanding that the City will provide
direction to them of the subdivisions or any parts thereof that are to be
deducted from the additional 500 units.
Alderman Ctowe inquired about the progress of the proposed expansion
~of the Pollution Control plant. The Director of Municipal Works stated that
efforts should be made to convince the Region that expansion of the plant and
a solution to the sludge disposal site dispute are not related, particularly I
in view of the fact the Ontario Municipal Board hearing on the matter had been
postponed until September. If the Region agrees the two matters are not
releted~ a tender call could proceed as originally anticipated in September.
ORDERED on the motion of Alderman Crows, seconded by Alderman 8teaarts. that
-the report be received and adopted. Carried Unanimously.
321 - City Mana2er - Re: Subdivision Development (Impost Fees). The
report recommends that impost fees not be imposed where buildir~s are
incorporated as lots in a plan of;subdivision, provtdin~ the buildings
-3 -
are sufficiently sound structurally to negate the necessity of demolishing
the building and producing, in effect, a new building lot for a new home.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Crows, that
the report be received and adopted. Carried Unanimously.
No. 322 - City Manager - Re: Augurusa Subdivision. The report recommends
preliminary approval of the proposed plan of subdivision subject to nine
conditions, and further that Council certify by resolution that the rezoning
application for the subdivision conforms to Official Plan Amendment No. 28
of the Niagara Falls Planning Area as amended and approved by the Minister
of Housing.-
Mr. R. Hicks, an area resident, was granted permission to address
Council on the motion of Alderman Thomson, seconded by Alderman Mann.
Mr. Hicks requested that the report be tabled for several weeks since a
number of area residents having an interest in the subdivision are on
vacation and would like to be present during Council's consideration.
:" - M~-. R.'~at't~ews ~'~'. Bi~ke Erwin & Associates, was granted permission
/Ito address Council on the motion of Alderman Crows, seconded by Alderman
:: Jaluvka. Mr. Matthews advised that the developers had no objection to
the matter being tabled to enable area residents an opportunity to present
their comments on the proposal.
ORDERED on the motion of Alderman Stewart, seconded by Alderman Crows, that
the report be tabled until the Council meeting of August 15, 1977. Carried
Unanimously.
No. 323 - Planning & Development Committee - Re: AM-22/77, Canboro Investments
Ltd., Southeast Corner of Robinson Street and Buchanan Avenue. The Committee
recommends approval of the application subject to Development Control, 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.
In response to a question raised by Alderman Chessman, the City Manager
advised that the first phase of development would involve demolishing half
.of hhe existing building on the site, and further development would involve
either complete demolition or renovation of the structure.
ORDERED on the motion of Alderman Mann, seconded by Alderman Fers, that the
'recommendations of the Planning & Development Conunities be received and
adopted., Carried Unanimously.
See Resolution No, 75~ By-law 77-147
No, 324 - City Manager - Re: AM-15/77 (AM-2/76) Cambridge Leaseholds Ltd.,
Southwest Corner of Montrose Road and Canadian Drive. The report recommends
the preparation of an amending by-law for Lot 11, R.P. M-40 to provide for
suitable yard setbacks, a maximum building height of 60 feet, and that
Council certify by resolution that the by-law conforms to Official Plan
Amendment No. 28 of the Niagara Falls Planning Area as amended and approved
by the Minister of Mousing.
ORDERED on the motion of Alderman Fera, seconded by Alderman Sobol, that the
report be received and adopted. Carried Urmhimously.
See Resolution No. 76
See By-law No. 77-146
No. 325 - City Manager - Re: AM-4/77, M.T.C. Surplus Lands, Q.E.W. and Lundy's
Lane. The report recommends approval of the rezoning subject to Development
Control and further that Cdunc~l certify by resolution that the lands conform
to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as
amended and approved by the Minister of Hous ing.
ORDERED on the motion of Alderman Thenson, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimous1y.
See Resolution No,
77
No. 326 - City Manager - Re: Commercial Update. The report advises that a
commercial update could be carried out by Planning Department staff approximately
by the end of November. At that ti~e, the information could be fed in to the
City's Railway Relocation studies.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that
the report be received and filed. Carried Unanimously.
NOTE: Alderman Orr arrived at the 'meeting.
No. 327 -'City Clerk - Re: AM-3/76,.Restricted Area By-law 76-225, D. Costs.
The report advises that as a result of circulating the rezoning by-law, two
-4-
letters of objection were received and forwarded to the Ontario Municipal
· Board with a request for a hearing. August 30, 1977 at 11:00 a.m. in the
City Hall Council Chambers has been appointed for the hearing of all parties
interested in supporting or opposing-the application.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that
the report be received and filed. Carried Unanimously.
NO. 328 - City Clerk - Re: AM-33/76, Restricted Area By-law 77-28, J- Klein.
The report advises that as a result of circulating the rezoning by-law, one
letter of objection was received and forwarded to the Ontario Municipal Board
with a request for a hearing. August 10, 1977 at 11:00 a.m. in the City Hall
Council Chambers has been appointed for the hearing of all parties
interested in supporting or opposing the application.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that
the report be received and filed. Carried Unanimously.
No. 329 - City Manager - Re: Purchase of New Equipment. The report recap,ends
acceptance of a quotation submitted by Autoland Chrysler for the supply of
two automobiles for the Fire Department.
The Equipment Superintendent provided information on the quotation system
used in response to a number of questions raised.
ORDERED on the motion of Alderman Sobols.seconded by Alderman Stewarts that
the report be received and adopted.~ Carried Unanimously.
See Resolution No.,~
No. 330 - City Manager - Re: Encroachment - Muir Avenue. The report reco~maend!
approval of the encroachment request and passage of a by-law authorizing
the encroachment to be enacted by Council.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Thomson, that
the report be received and adopted. Carried Unanimously. See By-law No. 77-~
No. 331 - City Manager - Re: Encroachment - Huron Street. The report rec~mme~
approval of the encroachment request and passage of a by-law authorizing
the encroachment to be enacted by Council.
ORDERED on the motion of Alderman MacBsin, seconded by Alan Thanson, that
the report be.received and adopted. Carried Unanimously.
. - - See By-law No. 77-~
No. 332 - City Manager - Re: Encroachment - Rosberg Stores Ltd., Queen Street
and Erie Avenue. The report recou~nends that the City Solicitor be authorized
to prepare a by-law permitting the encroachment subject to: a) Payment of
$25.00 to cover legal costs; b) The applicant to provide a legal description
of the premises known as 4656 Rrie. Avenue;~and c) The applicant to provide
a legal description of the encr0achments prepared by an Ontario Land Surveyor,~
together with the necessary plan of survey.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Thomson, that
the report be received and adopted. Carried Unanimously.
No. 333 - City Manager - Re: Upgrading -,Sanitary landfill Site. The report
recommends acceptance of an offer by the Ministry of Environment to upgrade
the 7andfill Site by seeding the slopes alon~ Moatrose Road for protection
against erosion with any surplus funds to be used for dust conditions on the
roads. within the site.
ORDERED on the motion of Alderman Chessman, seconded by Aldermen S~ewart,
that the 'report be received and adopted. Carried Unanimously. '
See By-law No. 77-~
No. 334 - City Manager - Re: Sidewalks on Cul-de-Sacs. The report recummends
that a concrete sidewalk be constructed on.one side of cul-de-sacs less than
three hundred and fifty feet in length where a walkway is constructed between
cul-de-sacs backing onto each other.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Stewart, that
the report be received and adopted, Carried Unanimously,
Council No - epproved by the provincial eovermnent, reverts Kent
Avenue to the City of Niagara Falls. It is recanmended that appropriate trafi
control by-laws be prepared .to regulate traffic on this section of roadway.
ORDERED on the motion of Alde.rman Thomson, seconded by Alderman Fern, that
the report be received ~nd adopted, Carried Unanimously,
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No. 336 - City Manager - Re: Houck Park Gas Interceptor System - Easement
with Atella Developments Ltd., et al. The report reconunends passage of a
by-law to authorize the execution of an agreement with Atella Developments
Ltd. et al, for the construction and maintenance of a forced draft
evacuation system on the ownersw lands and proposed building to control
the migration of methane gas from Houck Park.
The Director of Municipal Works provided additional information on
the first and second phases of the gas interceptor system in response to
questions raised by Aldermen Schisler and Thomson.
ORDERED on the motion of Alderman Crowe, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
See By-law No. 77-148
No. 337 - CityManager - Re: Canadian Niagara Power Pole Line, Willoughby Drive.
The report reconmends that the Canadian Niagara Power Company be granted approval
to locate its pole line on Willoughby Drive at the 8-foot line.
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
No. 338 - His Worship, Mayor Bukator - Re: Special Committee to Study Central
Tourist Area. The report recommends the appointment of Aldermen Thomson, 0rr,
MacBain, the City Clerk, Planning Director and Building & Development
Co-ordinator to act as the City~s representatives on the committee to examine
the central tourist area of the City and to prepare recommendations relative
to policies to improve the attractiveness of that area. It is further
reco~nended that the N.R.T.A. and Centre Bus inessmen's Association be asked
to appoint representatives as quickly as possible in order that meetings
can commence without unnecessary delay.
His Worship, Mayor Bukator advised that Alderman Sobol had expressed an
interest in serving on the Committee, and recommended her appointment to the
Committee. Alderman Cheesmen commented that criticism of the City's tourist
attractions should not be made too severe, in view of the fact that the
Falls can only offer so much entertainment to visitors, and other attractions
must be made available as well.
ORDERED on the motion of Alderman art, seconded by Alderman Cheesman, that
the report be received and adopted, and further that Alderman Sobol be
appointed to serve on the special Committee in addition to those appointments
outlined in the report. Carried Unanimous ly.
No. 339 - City Manager - Re: Handling of Inquiries and Complaints. T-he
report recou~nends that one person in the City Clerk's office be designated to
receive inquiries or complaints. Information would be obtained and the
designated person would call back with the reply, A periodic inspection
would be msde to ensure replies are provided.
ORDERED on the motion of Alderman Thomson,. seconded by Alderman Sobol, that
the reportbe received and adopted. Carried Unanimously.
No. 340 - City Manager - Re: Possible Prohibition of Parking on Cummings lane.
The report recommends that parking not be prohibited on C,m~ings lane at this
time, that a copy of the report be sent to affected area residents and that
municipal staff be asked to re-examine the situation from time to time to
determine if the current situation changes. It is further recommended that the
area residents be asked for their co-operation in parking vehicles in a manner
not to interfere with the traffic flow on Cummings lane.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann, that
the report be received and adopted. Carried Unanimously.
No. 341 - City Manager - Re: Revision to Procedure, Local Improvements. The
~eport recommends that effective innediately, where applicable, a notation be
placed on tax hdger cards indicating that the properties should be checked
further with municipal staff for pending local improvement charges. It is
further recommended that staff be requested to prepare a further report on the
use of uniform rates for loca 1 improvement projects where legislation permits
such a procedure.
ORDERED on the motion of Alderman Cheesmen, seconded by Aldermsn Jaluvka, that
the report be received and adopted. Carried Unanimously.
No. 342 - Recreation C~ission - Re: Canadian parks/Recreation Association
1977 Annnal Conference. The report recc~,fiends the attendance of Mr. B. Rookley,
Mr. N. Ross end the Deputy Director of Recreation at the subject conference to
be held in 'Toronto from AuSust 14 - 18, 1977.
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that
the report be received end adopted. Carried Unanimously.
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No. 343 - City Manager - Re: Parking on Victoria Avenue. The report recommend
that the Region be requested to take the necessary steps so that parking will
be limited to fifteen minutes on the west side of Victoria Avenue from Roberts
Street to Kitchener Street with this limit to be in effect from 8:00 a.m. to
6:00 p.m. daily.
Alderman Mann felt that requests concerning parking matters in front of
a particular business should not be granted due to possible complaints from
other business operators in the area. The City Manager indicated that there
was unlimited parking on the other side of Victoria Avenue, and that the other
businesses on the block have provided their own parking.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted. The motion Carried with Alderman Mann
voting contrary, and all others in favour.
No. 344 - City Manager - Re: Intersection of Palmet Avenue and Jepson Street.
The report recommends preparation of a by-law to authorize the erection of
stop signs on St. Clair at Jepson and on Jepson at Palmet Avenue.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
No. 34~ - City Manager - Re: Water Restrictions. The report reconmends
passage of a by-law strengthening the position of the City in any prosecution
for breach of water restrictions.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that
the report be 'received and adopted. Carried Unanimously.
See By-law No. 77-~
No. 3~6 - City Manager - Re: Building Permits. The report provides a breakdow~
of the permits issued by the Building & Development Department for the month 0f
June, 1977.
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that th~
report be received and filed. Carried Unanimously.
-No. 34~ - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Jaluvka, that
the report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 75 - MANN - FERA - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No..77-147 for.the rezoninS
of lands situated on the east side ef. Buchanan Avenue, conforms to Official
Plan Amendment No. 28 Of. the Niagara Falls Planning Area, as amended and _.
approved by the Minis~er'-gftHousing;,AND~the Seal of. the~lCorporation be
hereto-affix~d.' '?-
Carried Unanimoua! ,
No. 76 - FERA - SOBOL - RESOLVED that the Council of the Corporation of the
.City of.Niagara Falls hereby certifies that By-law No. 77-146 for the resorting
of lands situated.on part;of Lot 11, Plan M-40, on the southweat~corner of
Montroae Rpad and Canadian Drive, cqnforma to"Official PlanAmendment No. 28
of the Niagara .Falls Planning Area as amended and approved by the l~Lnister
of Housing; AND the Seal of the Corporation be hereto affixed,
Carried Unanimousl~
No. 77 - THOMSON- CF~ESMAN - RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby certifies that the establishment.of ~oning
on lands situated on the north a~d south sides of Lundyss Lane at the Q.E.W.,
known as part of Township Dts 132 and 141, conforms to Official Plan
Amendment No. 28 of the Niagara Falls Planning Ares as amended and approved
by the Minister of Housing; AND the Seal of the Corporation be hereto
affixed.
Carried Uuanfmousl~,!
No. 78 - SOBOL - STEWART - RESOLVED that the quotation submitted by Autoland
Chrysler for the supply of one 1977 Plymouth Gran Fury at $4,995.00 and one
1977 Plymouth Gren Fury Station Wagon at $5,299.00, be accepted; AND.the
Seal of the Corporation be hereto ,affixed.
· - Carried UnanimouslXl
No. 79 - CRGWE - O~R - RESOLVED TItT WHERF, A8 the Niagara Peninsula Conservation
Authority has.requested the City of Niagara Falls to acquire, on behalf of
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the Authority, the lands necessary for the completion of the Shriner's
Creek Project;
NOW THEREFORE BE IT RESOLVED that the City of Niagara Falls hereby requests
the Conservation Authority to proceed with the necessary applications for
Provincial funding of the costs of acquiring the lands necessary for the
completion of the aforesaid project;
AND FURTHER BE IT RESOLVED that the City of Niagara Falls hereby requests
designation as the banefiring Municipality in order to obtain subsidy on
land acquisition and construction costs;
AND BE IT THEREFORE FURTHER RESOLVED that the City of Niagara Falls will
undertake to obtain appraisals and to proceed with the purchase of the
required lands for the Shriner's Creek project on behalf of the Authority,
subject to the City first receiving all approvals, commitments and/or
contributions it deeras necessary or desirable for undertaking such appraisals
and land acquisition and the construction of the project and for the payment
of the costs thereof; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 80 - ORE - SCHISLER - RESOLVED that Monday, August 1, 1977, be proclaimed
as Civic Holiday in the City of Niagara Falls; and that all Civic buildings
will remain closed on that date, and that the regular meeting af Council
scheduled for that date be held on Tuesday, August 2, 1977, commencing at
7:30 p.m.;AND the Seal of the .Corporation be hereto affixed.
Carried Unanimously
BY-lAWS
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
No. 77-146 - 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. (AM-15/77,
Cambridge Leaseholds)
No. 77-147 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-22/77,
Canboro Investments)
NO %
77-148 - A By-law to authorize the execution of an easement agreement
with Atella Developments Limited and others for gas venting
facilities.
No. 77-149 - A By-law to authorize the execution of an agreement with P.C.O.
Services Ltd. for rodent control services.
No. 77-150 -.A By-law to allow the maintaining and using of a building which
encroaches on MuirdA~enue~
No._77-151 - A By-law to allow the maintainin~-and.using of a building which
encroaches on Huron Street.
.No. 77-152 - A By-law to authorize the sale to Welland Securities-(1964) Limited
of parts of certain road allowances in the former Township of
Willoughby.
No. 77-153 - A By-law to regulate the use of water.
No. 77-154 - A By-law to authorize the execution of an agreement with the
Minister of the Environment respecting improvements to the
Mountain Road Landfill Site. :
No. 77-155 - A By-law to provide monies for general purposes.
Carried Unanimously
ORDERED on the motion of Alderman Sobo!, seconded by Alderman Fete, that the
following by-laws be now read a second and third time:'
No. 77-145 - 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. (AM-15/77,
Cambridge Leasehold,)
-'8-
No. 77-147 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-22/77, '
Canboro Investments )
No. 77-148 - A By-law to authorize the execution of an easement agreement with
Atella Developments Limited and others for gas venting facilities
No. 77-149 - A By-law to authorize the execution of an agreement with P..C.O.
Services Ltd. for rodent control services.
No. 77-150 - A By-law to allow the maintaining and using of a building which
encroaches on Muir Avenue.
No. 77-151 - A By-law to allow the maintaining and using of a building which
encroaches on Huron Street.
,No 77-152 - A By-law to authorize the sale to Welland Securities (1964) Limit/~
of parts of certain road allowances in the former Township of
Willoughby.
No. 77-153 - A By-law to regulate the use of water.
No, 77-154 - A By-law to authorize the execution of an agreement with the
Minister of the Environment respecting improvements to the
Mountain Road Landfill Site. · .
No. 77-155 - A By-law to provide monies for general purposes.
NEW BUSINESS
Carried Unanimousl'~
MAIL B~KES
Alderman Chessman advised that during a recent vis it to one of the City's.
subsPost Offices, he had seen a tourist have to be directed to a mail box.
Due to the limited wording on the boxes, it is difficult for tourists to
recognize them as mail boxes. Many mail boxes in the City require painting,
and a clearer indication of mail pick-up schedules. It was moved by
Alderman Chessman, seconded by Alderman Fern, that a letter be forwarded
to local postal authorities advising of these matters in an effort to
resolve the matter. Carried Unanimously.
POLICY ON USE OF OUTSIDE SERVICES
Alderman Cheesman referred to the City's practice of engaging cqnsultants,4
and legal services on specific projects, and questioned~ whether or not a
policy existed which set out the circumstances and guidelines to be followed
by staff in making the decision to retain outside services. The ~lderman
suggested that a report be prepared on the matter, indicating how staff
Justifies the use of outside services rather than using existing personnel
to perform certain projects. Alderman Thomson questioned whether or.not
there came a point when it was more economical for the City to use a
consultant than to perform the work itself. Alderman Crows felt it would be
difficult for staff to explain in a report the specific conditions rgquired
in making a decision to engage outside services, and suggested that it might
be simpler to hold an informal meeting to discuss the matter. It was moved
by Alderman Chessman, seconded by Alderman Themson, that a special meeting
be held after the s~,~er months to discuss the matter of engaging outside
consultants and hSal services on municipal projects. The motion Carried
unanimously.
MRTRIC CONVERSION OF SPEED LIMITS
Alderman Sobol requested that the Provincial Government be contacted
to determine if it would be possible to retain speed limits in miles per hour
as well as kilometers per hour in the primarily tourist areas of ~he City
for the convenience of American visitors to the City.
FINANCIAL ASSISTANCE - STORM OF '77
Alderman 0rr asked what steps had been taken to meet with the various
governmental bodies involved in obtaining additional funding for the
considerable expenses incurred by the City durinS the Storm of '77. His
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Worship, Mayor Bukator advised that he was presently making arrangements
for a meeting of area municipality Mayors and the Regional Chairman to
discuss this matter, and that a status report on the progress to date
would be presented to Council shortly.
It was moved by Alderman Themson, seconded by Alderman Fern, that the
meeting adjourn to Committee of Carried Unanimously.
READ AND ADOPTED,
MAYOR
Committee Room #1
July 18, 1977
Council met in Committee of the Whole on Monday, July 18, 1977, following
a regular meeting of Council. All members of Council were present. Alderman
Mann presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without
READ AND ADOPTED,
MAYOR
Council Chambers
July 18, 1977
Council reconvened in open session on Monday, July 18, 1977 following a
meeting in Committee of the Whole. All members of Council were present. His
Worship, Mayor Buhator presided as Chairman.
The meeting adjourned.
READ AND ADOPTED,
MAYOR .... ,-,'
THIRTY-FIRST I~ETING
Con~nittee Room #1
August 2, 1977
COMMITTEE OF THE WHOLE
1977. e r were present. Alderman Orr presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting. ~&~,,
CLE '~ ~ MAYOR
Council Chambers
August 2, 1977
Council met on Tuesday, August 2, 1977 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present. His Worships
Mayor Bukator presided as Chairman. Alderman Fern offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Crowe referred to Report No. 320 in the July lath minutes dealing
with theatlocationof an addftional 500 lots for residential development in the
City, and the question he had raised at that time as to whether or not there
was any relationship between the calling of tenders for expansion of the
pollution control plant and a solution to the sludge disposal dispute in
the former Township of Crowland. The Alderman sta.ted that he has since
been advised that the Region does not connect the two matters, however it
is possible that the Ministry of the Environment may still connect them.
The Director of Municipal Works advised that when he had commented on this
point, he had referred to the unlimited supply of lots for development, and
not the 500 allocated recently by the Ministry.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that
the minutes of the meeting held on July 18, 1977, be adopted as printed.
Carried Unanimously.
PRESENTATION OF ACHIEVEMNT AWARDS
His Worship, Mayor Bukator presented Achievement Awards to the St. Patrick's
Juvenile Girls Basketball Team who won the Ontario Ladies Church Basketball
Juvenile Championship in April of this year. The team members in attendance
were Lamm Olszewaki, Sandra Shearman, Beatrice Termant, Dabble Scott, Maureen
Maneuso and Peggy McLeod. Mr. Lea Potapczyk the team coach was also presented
with an Achievement Award. Those mambera not in attendance also to receive
awards were Linda MacMillan, Mary Jayne Mulligan, Mary Beth Mancuso and
Carolyn St. Angelo.
UNFINISHED BUSINESS
ARCHER REPORT
Report No. 348 - City Maoager - The report recommends that a speciaZ meeting
be held during the week of September 12th, 1977, in order to determine
Council's comments on the report prepared by the Niagara Region Study Review
C~lselon. These comments will be co-ordinated with the comments of staff
in a bl~lef to be presented to and approved by Council prior to submission Co
the Treasurer of Ontario.
ORDERED on the motion of Alderman Schislers seconded by Alderman Jaluvka, that
the report be received and adopted. Carried Unanimously.
REQUIREMNT F~ INDUSTRIAL BUILDING - NIAGARA SQUARE
Report No. 349 - City ManeJet - The report recommends that Council authorize
an amendment to the ~ubdivision agreement to allow until August 1st, 1978 for
-'2-
the commencement of construction of the industrial buildin~ and a further
six months to lmve it completed and available for occupancy. Since the
Region is a party to the agreement, it is further recou~ended that the Region
be asked to approve the suggested extension of time.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fare, that
the report be received and adopted. Carried Unanimously.
NIAGARA CABLE WAY
Report No. 350 - His Worship, Mayor Bukator - The report advises that
representatives of York-Mannover Developments Ltd. have been requested to
attend the Council meeting to wake a further presentation on the proposed
cable car system to he constructed across the Niagara Gorge.
Mr. J. Broderick, solicitor for York-Hannover Developments Ltd., was
granted permission to address Council on the motion of Alderman Jaluvka,
seconded by Alderman Chessman. Mr. BrodericR advised that he had requested
to address Council in order to bring Council up to date on the efforts made
by York-Mannover to bring the tramway proposal to fruition. A preliminary
presentation was made to the Niagara Parks Commission, and the Conmiss ion has
decided to obtain further information prior to making a decision on the
project. An economic research report was prepared by Economic Research
Associates of California on the economic feasibility of the proposal and its
effect on the City. The study has shown that the tramway will wake available
travel between some three thousand available hotel rooms within walking
distance of the Canadian base to the convention centre in Niagara Falls, ~
New York. The report indicates the average convention delegate will spend an~
average of $200 during a three day period. If the tramway is developed, it .
will increase the availability of Canadian rooms to the convention centre.
The convention season complements the tourist season which normally falls off ~
in September, as the traditionally heavy demand for convention facilities is
during the months of October and November. In 1975, ten conventions were booke~
at the centre, in 1976 twenty-three were hooked, and as of March of this year,!
fifty-four were booked. In conjunction with the tramway, between one hundred ~
and sixty and one hundred and eighty thousand square feet of retail and display~
floor space will be constructed in the present location of the Oneida Tower a
buildings. The present tower itself can act as one of th~'~ilons for the ~
cable car, thereby eliminating one of the possible objections as it will be
unnecessary to construct a pilon in the area. The new development will depend
greatly on. whether or not the tramway is permitted to be constructed across 4
the border. Construction of the tramway will also indicate whether or not ~
the facilities will be operated on a seasonal basis as most tourist operations,~
are, or on a year round basis. From thezs~ecialty centre and the tramway, .#
$6.5 million dollars could be developed in income for the municipality. The
additional market created by attracting local residents Fo use the system could4
develop sales in excess of $24 million dollars. Construction of the specialty 4
centre will commence in September this year, and will create job opportunities=
for four hundred people through York-Hannover and tenants, and there would
also ba subsequent tax benefits and assessment from the construction.
i
In response to a question raised by Alderman Chessmen regarding use of
Canadian hotel rooms by American delegates at the convention centre,
Mr. Bradcrick stated that while such accommodation would not entirely be
tax deductible to the same extent they are in the United States, the lack
of hotel facilities near the convention centre will necessitate American ~
delegates using Canadian facilities. The centre may handle five to six thousa~
persons at a convention, and there are only eighteen hundred first class rooms~'
within walking distance of the centre. Persons attending a convention usaally
want acconnodations within walkingdistance of the convention centre.
Alderman Sobol referred to plans in NiaSsra Falls, New York to expand
their accou~odation ~acilities sad establish gambling casinos, and questioned
whether these factors would have an adverse effect on the proposal. Mr.
explained that the convention centre at present is not operating at capacity,
and many projects to expend existing accommo~ation facilities have not proceed~
simply because the convention facilities are not used to the extent they will
be in the future. With regard to 8emblinC~ Mr. Brnderick advised that
was recently authorized in Atlantic City by federal authorities. Tremendous
opposition has been raised by the Nevada 8ambling operators because they are
losing busencase and shother bid to bring gambling toNiegera Falls, New York
could face stiff oppositioninWsshington.
Alderman Crows questioned whether an environmental impact study had been
dpne on the proposal'e effect on the area and the Falls, Mr. Bradsrick ateted
-3-
that this had not been done as yet, however it is a requirement of the New
york State Parks Board that a study be carried out. The Alderman also asked
if a study had been carried out in Canada by persons familiar with the Ontario
tourist trade and the unique situation in Niagara Falls on the economic impact
on the City. Mr. Broderick stated that the research study carried out has
indicated that people will revisit the City as a result of the establishment
of the tramway. The tramway and specialty centre could extend an average
stay by four hours, and this could induce those persons who normally do not
stay overnight under any circumstances, to stay one night, and this could
provide a tremendous additional income. The Alderman also expressed
concern over parking and the existing traffic congestion in the area° In
reply, Mr. Broderick stated that a parking garage would be installed on the
site, and that traffic congestion would have to be dealt with as well. With
regard to the proposed four hundred jobs to be created, Alderman Crowe asked
if the jobs would bepermanent or seasonal. Mr. Broderick stated that if the
trammay is constructed, the facility would be operated on a year round basis
,c~eating permanent jobs, however if the tramway is not constructed, the
specialty ce~tre ~ould be'of a-seasonal,nature with part time Jobs.
His Wo.rship, Mayor Bukator asked when more detailed plans would be
presented to Council to facilitate members in reaching a decision on the
project. Mr. Broderick did not feel the plans would be available by the
date of the next Council meeting, but shortly after that time. In any
event, the matter will be considered by Council numerous times, and Mr. Broderick
assured Council that after each agency has been dealt with, the matter would
ultimately return to Council for approval of a building permit, and at that
time, York-Hannover would have to satisfy the City on all aspects of ~he
tramway facilitX.
COMMUNICATIONS
No. 106- Ministry of Transportation & Communications - Re: Metric Conversion
of Road Signs. The communication provides information on metric conversion
of driver related traffic control and associated devices including those
regulating the speed limit on Ontario roads.
ORDERED on the motion of Alderman theesmart, seconded by Alderman Orr, that
the connunication b~ received and filed.. Carried Unanimously.
No. t07 - Regional Munic~pality of Niagara - Re: Amendments to the Regional
Road System. The communication advises of additions and deletions to. the
Regional Road System.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler,
that the communication be received~and filed. Csrried Unanimously.
NOTE: Alderman Mann was absent when the vote was taken on this matter.
REPORTS
No. 351 - City Manager r Re: PrOposed Beaverdams Subdivision. The report
reconnends that the usual questionnaire be returned to the Ministry of Housing
indicating that the Municipal Council is not.prepared to recormnend approval of
the draft plan at the present time.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman,
that the report be received and adopted. Carried with Alderman Crows abstaining
on a conflict of interest.
No. 352 - Planning & Development Co~nittee - Re: AM-29/76, Sinnit Realty Ltd.,
Bruce Avenue Extension, North Side of McLend Road, East of Dorchester Road.
The Covmnittee recu..uends approval of the application subject to Development
Control, that Bruce Avenue be extended and dedicated to the City and developed
by the applicant according to City Engineering Department requirements, and
also that Council certify by resolution that the application conforms to
Officiel'PlsnAmendment No. 28 of the Niagara Fells Planning Area as amended
and approved by the Minister of Housing.
ORDERED on the motion of Aldernmn Mann, seconded by Aldermen Stewart, that
the report be received end adopted. Carried Ueanimously.
See Resolution No. 81
See By-law No, 77-15Z
See By-law No. 77-15~
No. 353 ' Plannin~ & Development Committee - Re: AM-9/77, B. Mete, North Side
of Lundy~s Lane. The Committee recb,~mnds approval of the application subject
to Development Controls excluding the use of the property for a pool hall. It
-4-
is further reconmended that Council certify by resolution that the application
conforms to Official Plan Amendment No. 28 of !the Niagara Falls Planning Area i
as amended and approved by the Minister of Housing.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Mann, that the
report be received and adopted. Carried Unanimously.
See Resolution No.ij
See By-law No. 77~
No. 354 - Planning & Development Conmittee - Re: AM-16/77, G. & A. DeGiorgto,
North Side McLeod Road, East of Donald Avenue. The Committee reconmends appra~'
of .the application subject to Development Control and storm sewers being ins-
telled in the area. It is further recommended that Council certify by resolut:
that the application conforms to Official Plan Amendment No. 28 of the Niagara
Falls Planning Area as amended and approved by the Ministry of Housing.
ORDERED on the motion of Alderman Thanson, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
See Resolution
See By-law No. 77.i
No. 355 - City Manager - Re: Vacancy - Recreation Conmission. The report advha
of the resignation of Mr. R. Blanchfield Tfrom the Recreation Commission, and
requests the appointment of one person who had expressed an earlier interest
in serving on the Commission.
ORDERED on the motion of Alderman Fare, seconded on the motion of Alderman Mam
that Mr. F. Santo be appointed to the Recreation Commission. Carried Unanimou!~
No. 356 ~ City Manager - Re: Appointment to Fill Vacancy on Property Standards
CosmiCtee. The report recommends the appointment of Mr-. J. Niven to the vacasl
on the Property Standards Committee created by the resignation of Mr. G. TayloI
ORDERED on the motion of Alderman Thanson, seconded by Alderman Orr, that the
report be received and adopted.. Carried Unanimously. See By-law No. 77-14
No. 357 - City Manager - Re: Purchase of New Equipment. The report reconnends
the purchase of a 16,000 G.V.W. truck cab and chassis from Archer Truck ServicH
for the Niagara Falls Fire Department.
ORDERED on the motion of Alderman Mann~ seconded by Alderman Sobol, that the
report be received and adopted. Carried Unsnhnously.
See Resolution No.!4
No. 358 - City Manager - Re: Contract G.C. 13/77, Sewermain,' Watermain and Basi
Road Construction in Westwood XI Subdivision. The report recommends acceptann~i~
i e I o e
report be received and adopted. Carried Unanimously.
See Resolution No.~
t See By-law No. 77-i
No. 359 - City Manager - Re: Contract G.C. 15/77~ Sewermain, Watermain and Base
Road Construction in Parkway Gardens Subdivision. The report recounuends accep'.
lance of the unit prices submitted by Provincial Construction (Niagara Falls)
Ltd. for the contract.
Alderman Thomson expressed concern that c~ents had been made in the
report regarding the past workmanship of this contractor on the Church% Lane
storm sewer project. The Alderman felt that the problem on that project had
been a dispute between the City and the contractor, and not a matter of -
questionshie worknmhship.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman, that
abstaining
the report be received and adopted. Carried with Alderman MacBain
on a conflict of interest.
· ' 'See Resolution No.
_See By-law No. 77.
No. 360 - City Manager - Re: Contract G.C. 16/77, Sewermain, Watermain and
Road Construction in Theresa llI Subdivision and Finished Road Construction in
Theresa II Subdivision and Storm Sewer to Post Road in Ascot Woods Bxtension.
The report rec~mnends acceptance of the unit prices submitted by Charles Dupui~
'Construction Ltd. for the contract.
9RDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that
the report be received end adopted. Carried Unsnimously.
See ReSolution No,
-,See By-law No,
No. 361 - CityManager- Re= Otke8 Pa~k Storage Building.
The report rec~,~en
acceptance of the quotation submitted by J. Camisa Construction for the
construction of a storage building at Oakes Park.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Mann, that the
report be rec@ived and adopted. Carried Unanimously,
See Resolution No. 88
No. 362 - City Manager - Re: Requests from Centre Area Businesses. The report
provides information on the action taken on suggestions made by the Centre
Street Business Committee. · It is recommended the report be receded and
filed.
Aldermen Thomson advised that the Committee was pleased with the improve-
ments made to date, but had requested a re-evaluation of the lighting along
Centre Street between Ellen and MacDonald for the future. The City Manager
indicated that this matter would be reviewed.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Sobol, that
the report be received and filed. Carried Unanimously.
No. 363 - City Manager - Re: Stop Signs. The report recommends preparation
of a by-law to provide for stop signs both northbound and southbound on Pitton
Road at Westwood Street and eastbound and westbound on Atlee Street at Heximer
Avenue.
ORDERED on the motion of Alderman Mann, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
No. 364 - City Manager - Re: Parking Prohibitions S imcoe, Ontario, Palmer and
Jepson. The report recommends palking prohibitions as follows: 1) Easterly
side of Palmet Avenue from Jepson to S imcoe; 2) Westerly side of Palmet Avenue
from Simcoe to 660 ft. south of Jepson; 3) Southerly side of Jepson Street
from Palmer to MaGiashen; 4) Northerly side of Jepson Street from Palmar to
St. Clair. 5) Southerly side of Simcoe Street from Palmer to 130 ft. westerly;
6) Northerly side of Simeoe Street from Ontario Avenue 80 ft. wasearly;
7) Westerly side of Ontario Avenue from Simcoe 160 ft. northerly; 8) Easterly
side of Ontario Avenue between Simcoe and Ellis; 9) Westerly side of Ontario
Avenue from Simcoe to Bampfield; 10) Easterly side of Ontario Avenue from
Simeoe to 120 ft. southerly; and 11) Both sides of Simcoe Street from Ontario
to 80 ft. easterly.
The Director of Municipal Works provided information respecting the
reco~nnended prohibitions in response to questions raised by Alderman Cheesmsn.
ORDERED on the motion of Alderman Sobol,. seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
No. 365 - City Manager - Re: Parking on Culp Street. The report recommends
that parking be prohibited on the southerly side of Culp Street from its
intersection with Pinegrove Ayenue a distance of 56 ft. easterly.
Alderman JaluvRa referred to the two parking spaces mentioned in the
report making it difficult f~rr area vehicles to exit from driveways,' and
questioned why these spaces had not been included in the prohibition. The
Director of Municipal Works advised.that he .~ould obtain the information
for the next meeting of Council.
ORDERED.on the motion of Alderman Cheesman, seconded by Alderman Jaluvka,
that the report be tabled for two weeks. Carried Unsnimousl~.
No. 366 - City Manager - Re: O.H.C. '~harnwood Subdivision", R.P. M-53. The
report recommends that the request of O.R.C. to lift certain one fodt reserves
in Plan M-53 be approved and that the appropriate by-law lifting the reserves
be passed. It is further reco~ended that the present name of Emma Street in
R.P. 89 be changed to Charnwood Avenue when further street name changes sre
processed in the future.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
See By*law No. 77-165
No. 367 - CityMans~er - Re: Construction of 120 Senior Citizen Units Plan M-33,
Portage Green Subdivision. The report recoenends that Council rescind
Resolution No. 114 passed on October 4, 1976, which requested Ontario Housing
Corporation to carry out s survey to determine the need and demand for senior
citizen housing aceommodstion in the City. The survey is considered to be
unnecessary in view of the waiting list with the local HonsinS Authority, snd
this list is sufficient to proceed with the construction of the senior citizen
honsinS project in Plan M-33.
o, the ,tion of Alde__. Chees, n. seconded by Alder.. Th__oe. that
the report be received and adopted, Csrried Unanimously,
... See Resolution No,
. ....
-6-
No. 368 - City Manager - Re: Request for Release - Block "A", Plan NS-15,
Heritage Homesteads Subdivision. The report advises of a request received
for a release from the provisions of sections 4 and 5of clause 17A in the
subdivider's agreement between Branscombe Investments Ltd. and the City
which provides for the renting of apartments to persons in particular income
groups established in 1971. Two methods can be used in granting the request,
to revise the section to reflect current family incomes, or to release London ]~
Life from the requirements of sections 4 and 5.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Jaluvka, that
Council authorize the preparation of a release from the provisions of sections
4 and 5 of clause 17A of the agreement between Branscombe Investments Ltd. and!i
the City of Niagara Falls, for Block '~" of Plan NS-15, as outlined in the
request from London Life Insurance Company. Carried.with Alderman Crowe
abstaining on a conflict of interest.
No. 369 - City Manager - Re: Lots 56 and 57, Westwood Village Plan NS-42. The
report recommends passage of a by-law which recites that it does not intend
proceed with the extension of a street through Lots 56 and 57 of Plan NS-42
and authorizes the reconveyance of the lots to F. Silvestri.
ORDERED on the motion of Alderman Mann, s~conded by Alderman Cheesman, that
the report be received and adopted. Carried with Alderman Crowe abstaining
a conflict of interest. ' /
See By-law No. 77-1~
· - Re: Proposed Food Centre - J. Moretin, 3714 Portage R'
No. 370 - City Manager
Block "N", R.P. M-33. The report recommends approval of the development plan
for the subject property as submitted.
The Clty Clerk advised that further revisions to the development plan havii·
been submitted, and it has been requested that the report be tabled for two
weeks.
ORDERED on'the motion of Alderman Crows, seconded by Alderman Thomson, that
the report be tabled~ for two weeks. Carried Unanimously.
No. 371 - City Manager Re: Amendments to the Municipal Elections Act. The
report provided information on recent amendments to the Municipal Elections Ac,
make decisions on certain matters for a longer
would leave a council unable to ;~i
out that the ~hange in the date c o 1
type of weather on the day of an election. '
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that'~
The motion Carried with Alderman Schisler
the report be received and filed. ,..
voting contrarys'and all others in favour.
No. 372 - City Manager - Re: Car Allowance - Mayor and Planning Director. The1
report recommends ratification of Counciles decision to increa8e'the car allow
of His Worship, Mayor Bukator to $125.00 per month effective January 1, 1977.
is further reckended that the Planning Director receive a car allowance of
$84.00 per month effective August 1, 1977.
ORDERED on the motion of Alderman Chessman, seconded by Alderm~n'Stewart, that
the report be received and adopted.
~o. 373 - City Manager - Re: Aldermanic Remuneration. The report recommends-
passage of a by-law to ratify the decision of Council to increase the annual
aldermantc remuneration to $4,800.00 per annum effective July l, 1977.
ORDERED on the motion of Alderman Cheesmsn, seconded by Alderman Stewart, tha~;
the report be received and adopted. Carried with the following vote:
AYE: Aldermen Chessman, Crowe, Dilt~, Fera~!Jaluvka, MacEain;.Mann, 8chisler,]
.. ~StewartandThomson.
NAYE: Aldermen 0rr and Sobol. · ,
No. 374 - Alderman Cheesman- Re: Smoking in P~blic Placaa~ e ec
that a comittee of Council and staff be appointed with the task of preparing~
draft by-law respecting smoking and that this cofsnittee,.in due course, reportt
back to this Council ~or full discussion.
until further information is available on similar legislation being considered'
~y the Province, and from municipalities who have passed such. by-laws.
.__~ ~,_,.
- 7-
Alderman Cheesman suggested that the Committee would study the by-laws
of other municipalities and legislation proposed by the Province prior to
prepsrings draft'by-law for the consideration of Council.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Thomson,
that the report be received and adopted. Carried Unanimously.
No. 375 - City Manager - Re: Fence Damage - Blizzard of January, 1977. The
report recommends finalization of seven settlements between the City and
property owners in rural sections of the City for fence damage caused by
snow removal operations in January, 1977.
Alderman Cheesman felt that settlement of such claims would be setting
a precedent, and that Council would continue to receive such claims afte~
every severe winter. Alderman Schisler pointed out that every year the City
repairs lawns that have been damaged by sidewalk ploughing in the urban area
of the City, and that these claims were for damage done on private property
by anowploughs clearing the roads.
ORDERED on the motion of Alderman Schisler, seconded by Alderman MacBain, that
the report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Crows, Dilts, Fera,-MacBaln~M~nn, Orr, Schialer, Sobol, Stewart
and Thomson.
NAYE: Aldermen Chessman and Jaluvka.
No. 376 - Loan Review Committee - Re: Applications for Assistance. The report
recommends that assistance be granted for twelve applications received under
the Ontario Home Renewal Program.
ORDERED on the motion of Alderman Mann, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
No. 377'- City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Jaluvka, that
the report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 81 - MANN - STEWART - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 77-157 for the rezontng
of Part of Township Lot 172, situated at the north limit of Bruce 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 Unanimously
No. 82 - SOBOL - MANN - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 77-159 for the rezoning
of lands on the north side of Lundy's Lane, being Lots 6 and 7, Registered
Plan 54, 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 b~ hereto affixed.
Carried Unanimously
No. 83 -.THOMSON - STEWART - RESOLVED that the Council of the Corporation of
the Cityof Niagara Falls hereby certifies that By-law No. 77-160 for the
rezoning of Lots 15 and 16, Registered Plan 67, s itnated on the north side
of MaLeod 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 Unanimously
No. 84 - MANN - SOBOL - RESOLVED that the tender submitted by Archer Truck
Services for the supply of one 16,000 lb. G.V.W. truck cab and chassis for
the Niagara Falls Fire Department, be accepted at the quoted price of
$7,595.00; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 85 - FERA - SOBOL - RESOLVED that the tender submitted by Fernview Construction
Limited for the construction of sewermains, watermain end base roads in the
Westwood II Subdivision, be accepted at the tote1 price of $871,467.43~ AND
the Seal of the Corporation be hereto affixed.
Carried Unanimously
- 8 -
No. 86 - THOMSON - CHEESMAN - RESOLVED that the unit prices submitted by
Provincial Construction (Niagara Falls) Limited, for the construction of
sewermains, watermains and base roads in the Parkway Gardens Subdivis ion,
be accepted at the total price of $103,884.50; AND the Sealof the Corporation
be heroic affixed..'
.... Carried with Alder~ ~
MacBain abstaining~
a conflict of inter--_/
No. 87 - SCBISLER - STEWART - RESOLVED that the unit prices submitted by
Charles Dupuis construction Ltd. for the construction of sewermains, waterma ins;
base road construction in Theresa III Subdivision, finished road cons truction
in Theross II Subdivision and Storm Sewer to Post Road in Ascot Woods Extension
be accepted at the total price of $72,375.60; AND the Seal of the Corporation
be hereto affixed.
Carried Unantmousl~
No. 88 - SOBOL - MANN - RESOLVED that the quotation submitted by Joe Camisa
Building Contractor for the construction of a storage building at Oakes Park,
be accepted at the quoted price of $9,720.00; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously
No. 89 - CHEESMAN - SOBOL - RESOLVED that in accordance with a request received
from the Ministry of Housing dated July 22, 1977, the Council of the Corporatin:
of the City of Niagsra Falls hereby rescinds Resolution No. 114, dated October~
1976, requesting Ontario Housing Corporation to undertake and carry out a
survey to determine the need for senior citizen housing in the City of Niagara
Falls; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY- lAWS
ORDERED on the motion of Alderman Mann, seconded by Alderman Cheesman, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
No. 77-157 - 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. (AM-29/761
Sinnic Realty)
No. 77-158 - A By-law to authorize an agreement with Sinnit Realty Limited and
335663 Ontario Limited for the construction of services.
No. 77-159 - A By-law to amend By-lsw No. 2530, 1960 of the former Township of
Stamford, now in the City of Niagara Falls, ~s amended. (AM-9/77,
B. Mete)
No. 77-160 - A By-law to'amend By-law No. 2530, 1960 of the format Township of
Stamford, now in the City o~ Niagara Falls, as amended. (AM-16/77,
G. & A. DeGiorgio)
No. 77-161 - A By-law to amend By-law No. 76-51 providing for appointments to
c~rtain Boards, Cc~=.issions and Committees. (J. Niven - Property
Standards Co~nittee)
No. 77-162 - A Byelaw to authorize theeexecution of an agreement with Fernview
Construction ~td. for the construction of sewet~nains, open channel,
watermains and base roads in the Westwood Village II Subdivision. ~
No. 77-163 - A By-law to authorize the execution of an agreement ~ith Provinc~'~
Construction (Niagara Falls) Limited for the construction of
sewermains, watermains and-base roads in Parkway.Gardens Subdivisi[
~o. 77-164 - A By-law to authorize the execution of an agreement with Charles
Dupuis Construction Limited for the construction of sewermains,
watermains and base roads in the Theresa III Subdivision.
No. 77-165 - A By-law to establish certain one foot reserve blocks as'public
highways. (Plan M-53) ..
, . No. 77-168 - A By-law to amend By-law No. 3791, being a by-law designating
through highways and By-law No. 7531, being a by-law to provide
for the erection of stop signs at intersections.
No. 77-169 - A By-law to prohibit soliciting or importuning on a highway or
in a public place.
No. 77-170 - A By-law to allow encroachments on Queen Street and an agreement
with Rosberg Stores Ltd.
No. 77-171 - A By-law to allow encroachments on Queen Street and Ontario Avenue
and an agreement with Permadev Developments Ltd.
No. 77-172 - A By-law to provide monies forgeneral purposes.
Carried with Alderman
Crowe abstaining on a
conflict of interest
on By-laws 77-157,
77-158 and 77-165, and
AldermanMacBain
abstaining on a conflict
of interest on By-law
77-165
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the
following by-laws be now read a second and third time:
No. 77-157 - A By-law to amend By-law No. 2530, 1960 of the
Stamford, now in the City of Niagara Falls, as
Sinnit Realty)
former Township of
amended. (AM-29/76,
No. 77-158 - A By-law to authorize an agreement with Sinhit Realty Limited and
335663 Ontario Limited for the construction of services.
No. 77-159 - A By-law to amend By-law No. 2530, 1960 of the
Stamford, now in the City of Niagara Falls, as
B. Mete)
former Township of
amended. (AM-9/77,
No. 77-160 - 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. (AM-16/77,
C. & A. DeGiorgio)
No. 77-161 - A By-law to amend By-law No. 76-51 providing for appointments to
certain Boards, Commissions and Committees. (J. Niven - Property
Standards Committee)
No. 77-162 - A By-law to authorize the execution of an agreement with Fernview
Construction Ltd. for the construction of sewermains, open channel,
watermains and base roads in the Westwood Village II Subdivision.
No. 77-163 - A By-law to authorize the execution of an agreement with Provincial
Construction (Niagara Falls) Limited for the construction of
sewermains, watermains and base roads in Parkway Gardens Subdivision.
No. 77-164 - A By-law to authorize the execution of an agreement with Charles
Dupuis Construction Limited for the construction of sewermains,
watermains and base roads in the Theresa III Subdivision.
No. 77-165 - A By-law to establish certain one foot reserve blocks as public
highways. (Plan M-53)
No. 77-166 - A By-law to authorize the conveyance to Frank Silvestri of Lots 56
and 57, Registered Plan N8-42.
No. 77-167 - A By-law to provide for the remuneration of members of Council.
No. 77-168 - A By-law to amend By-law No. 3791, being s by-law des igoating through
highways and By-law No. 7531, being a by-law to provide for the
erection of stop signs at intersections.
.No, ~7-166 - A By-law to authorize the conveyance to Frank Silvestri of Lots
and 57 Registered Plan N~2,
No. 77-167 - A By-law to provide for the remuneration of members of Council.
No. 77-169 - A By-law to prohibit soliciting or importuning on a highway or in
L a public place.
No. 7.7-170 ' A By-law to allow encroachments on Queen Street and an agreement
with Rosberg 8totes Ltd. , .... 10
- 10 -
No. 77-171 - A By-law to allow encroachmerits on Queen Street and Ontario
Avenue and an agreement with Permadev Developments Ltd.
No. 77-172 - A By-law to provide monies for general purposes.
Carried with Alder~ -'
Crows abstaining
conflict of interev
on By-laws 77-157,t'
d a
abstaining on a
of interest on By-l~
77-163.
NEW BUS INESS
WATER RESTRICTIONS
AlderumnMacBain advised that he was very concerned about the supply Of
water to city residents during the s,,mmer months. For years, the suggestion
had always come from staff that pressures in the Cfty were low, and restrictiem
were necessary on the use of water. The Alderman stated that he was not happy:
with this situation, and felt the supply of water to residents was a basic need:
of the citizens that was not being mat. Reference was also made to the propose~
expansion of the pollution control plant to allow additional residential deveh~
ment in the City, and it was the Alderman's opinion, that the City was not
providing sufficient water to existing homes let alone the new homes to be
constructed after the plant expansion. It was pointed out that the existing
water supply facility was built over fifty years ago, and was extremely overta
Alderman Thomson also expressed concern over existing water restrictions,
and referred to the fact the existing by-law does not prehibit..the use of water'
ld n had received a number of cal
for washing cars or filling pools. The A erma
from senior citizens claiming they were being discriminated against because
they could not water their gardens which are used to supplement fixed incomes,!~
while someone else can fill their swdmming pool or wash a_c.~r. The City Solic'j
and filling pools were not nearly as bad as watering of lawns, as people leave
sprinklers on for hours, while the other uses do not involve the sam~ type.of
indiscriminate use. Alderman Sobel pointed out that many motel owners must
'fill and maintain the water level in=their pools in order to provide tourists
with swimming facilities. Alderman gchisler felt that too many.people were
afraid. their neighbout is getting more, and suggested the use of water meters
as a solution to the problem.
Following further discussion, it was moved by Alderman MacBsin, seconded
by Alderman Orowe, that the City Manager, within a ninety-day period, submit
a de~ailed report as to what would be required in the way of facilities, and
the expenditure involved in supplying sufficient water throughout the year to
residents, and ~halperiod of time involved in supplying the unrestricted use
of water to residents of the City. The motion Carried~nnanimo. u~Xy,
NIACARA ~TAES
Alderman Sobel advised that she had received a call from residents living~
near the Niagara Matals plant on Stanley Avenue concerning offensive emissions~
from the plant. Apparently the plant was emitting a black dust with a foul
ndour from Sunday to Wednesday of the previous week. The Alderman requested
that staff contact Ministry of Environment offic%als to collect ~amples of
the dust for analysis to determine whether or not the plant is responsible
for the emission of the black dust.
It was moved by Alderman Cro~e, seconded by Alderman Stewart, that the
meeting adjourn to Committee of the Carried Unanimously,
READ AND ADOP~D,
M~YOR
- 11 -
COMMITTEE OF THE WHOLE
Committee Room #1
August 2, 1977
Council met in Committee of the Whole on Tuesday, August 2, 1977, following
a regular meeting of Council. All members of Council were present with the
exception of Alderman Mann. Alderman Orr presided as Chairman.
Following consideration of the items presented, it was moved by Alderman
MacBain, seconded by Alderman Chessman, that the Committee of the Whole rise
and report. The motion Carried with Alderman Schisler and Stewart voting
contrary, and Alderman Thomson abstaining on a conflict of interest.
READ AND ADOPTED,
MAYOR
Council Chambers
August 2, 1977
Council reconvened in open session on Tuesday, August 2, 1977, following
a meeting in Committee of the Whole. All members of Council were present with the'
exception of Alderman Mann. His Worship, Mayor Bukator presided as Chairman.
Report No. 378 - City Manager - Re: Settlement with Local 528, Niagara Falls
Professional Fire Fighters. The report recommends the following settlement
with Local 528 of the Niagara Falls Professional Fire Fighters: 7.9% increase
effective January ~ 1977; Call Back Pay of time-and-a-half with a minimum of
two hours.
ORDERED ,on the motion of Alderman MacBain, seconded by Alderman Fern, that the
report be received and adopted. The motion Carried with Aldermen Schisler and
Stewart voting contrary, and Alderman Thomson abstaining on a conflict of
interest.
ORDERED on the motion of Alderman Fern, seconded by Alderman theeamen, that
leave be granted to introduce the following by-law, and the by-law be read a
first time:
No. 77-173 - A By-law to authorize an agreement with Niagara F~lls Professional
Fire Fighters, Local 528 of the International Association of Fire
Fighters.
Carried with Aldermen
Schisler and Stewart
~- Voting contrary, and
Aldermen Thomson abstain-
~- ing on a conflict of
interest.
ORDERED on the motion of Alderman Sobel, seconded by Alderman Jaluvka, that
the following by-law be now 'read a second and third time:
No. 77-173 - A By-law to authorize an agreement with Niagara Falls Professional
.:'~ire Fighters, Local 528 of the International Association of Fire
Fighters. Carried with Aldermen
Schisler and Stewart
voting contrary, and
Alderman Thomson abstain-
ing on a conflict of
interest.
The meeting
THIRTY-SECOND FEETING
Committee Room #1
August 15, 1977
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole at 7:00 p.m. on Monday, August 15,
1977. All members of Council were present with the exception of Alderman
Chessman. Alderman Stewart presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting. ~ ~lk&aaa
READ AND ADOPTED,
MAYOR
Council Chambers
July 18, 1977
Council met on Monday, August=15, 1977, at 7:30 p.m. for the purpose of
cons idering general bus iness. All members of Council were present with the
exception of Alderman Chessman. His Worship, Mayor Bukator presided as Chairman.
Alderman Thomson offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fern, seconded by Alderman Sobol, that
the minutes of the meeting held on August 2, 1977~ be adopted as printed.
Carried Unanimously.
PRESENTATION OF RETIREMENT WATCHES
His Worship, Mayor Bukstor presented retirement watches to Mr. Angelo
Alberton, an employee of the Streets Department and Mr. Walter Karczewski, also
an employee of the Streets Department. .~
DEPUTATION
YORK-HANNOVER DEVELOPMENTS LTD. - MAPLE LEAF VILIAGE
Communication No. 108 - Mr. J. Broderick - The communication requests permission
to address Council in order to provide more detailed information on the proposed
Maple Leaf Village project by York-Mannover ~evelopments Ltd.
Mr. J. Broderfck, solicitor for the developers, was granted permission to
address'Council on the motion of Alderman Mann, seconded by Alderman Thomson.
Mr. Broderick stated that the proposal involved the redevelopment of a six
acre parcel of land with an est4.~ted expenditure of $17 million dollars for
the Maple Leaf Village, and a further $6 million dollar expenditure if the
tramway proceeds. The complex will provide employment for four hundred
people, and will also provide substantial business revenue for other commercial
operators in the City, as well as the related tax and assessment benefits.
Mr. D. Chapman, architect on the project, provided a more detailed
explanation of the proJ~nt~. Basically, the proposal will be a three storey
development ironring on Fells Avenue, and as the property goes up the hill,
it will become a one storey development at the rear. The property will be
accessible from Palls Avenue through a landscaped courtyard. The mall,will
be completely enclosed and will provide specialty shops, confectionsries,
boutiques, as well as theatres and entertaimnent facilities.. The complex is
totally accessible to handicapped persons. The project will be themed to the
various parts of Canada and periods in architectural history of the Country.
8pecialty shops will represent the many ethnic backgrounds contributing to
Ca~dian culture. Surface parking will be provided to meet the needs of the
development as proposed. The existing tower complex will be blended with the
same ~s~g~ deve~n~ tre~en~ ~e the proposal. The existing industrial
-2-
building will be demolished. In response to a question raised by Alderman
Mann, ~r. Chapman confirmed that ~aple leaf Village will proceed regardless
of whether or not the tramway proceeds. Mr. Broderick also pointed out
that the ~aple lea f Village would be a year round operation, and stated that
specifications are presently being prepared, with an application for a buildin~
permit to be made some time in September.
Alderman Thomson questioned the availability of sufficient parking,
particularly if the tramway proposal proceeds. Mr. Broderick replied that
his clients would be approaching the City on various aspects of the proposal,
and the matter of parking would be dealt with specifically as development take!
place.
Following further discussions His Worship, Mayor Bukator thanked
Mr. Broderick and Mr. Chapman for their presentation, and wished the developers
luck in their undertaking.
~ UNFINISHED BUSINESS ,. . '.
PROPOSED AUGURUSA SUBDIVISION
Report No. 322 - City Manager - The report reconnnends preliminary approval of
the draft plan subject to nine conditions, and further that Council certify by
resolution that the development 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 Mann, seconded by Alderman Orr, that the
report be received and adopted. Carried with Alderumn Stewart voting cnntraryl
and all others in fayour.
See Resolution No.~
CHIPPAWA INDUSTRIAL LARDS, RESTRICTED AREA ZONING BY-lAW 76-57
Report No. 378 - Planning & Development Committee - The Connnittee recommends
approval of the s~bdivialon tofbe developed at an average density of 13.6 units
per acre.
Alderman Mann stated that the density in the area was saturated at this
time, and the area could not stand many more duplexes or town houses. The
Alderman felt the density should be limited to no more than twelve units per
acre. Alderman Thomson referred to the fact that Council had attempted to
limit the density previously, and the developer had objected to the by-law.
The Ontario Municipal Board issued. a temporary approval on the by-law for ash
month period to allow the City to reach a compromise with the developer. That
approval expires on August 16th, and if the new by-law is not passed, the
developer could build on the land to a density greater than thirty units per
acre under the existing zoning. The Planning Director confirmed Alderman
Thomson"s comments and pointed out that the developer had met with area
residents to explain the layout of the subdivision. North of Caronpost Rood,
the density would be limited to less than 10 units per acre, with the total
overall density being 13.66 per acre.
_ ,.
.a distance of 56-feet westerly.
ORDERED on the motion of Alderman Jaluvha, seconded by Alderman Thomson, that
the report be received and adopted. Carried Unanimously.
In response to a question raised by Alderman Crows, the Deputy City
8olicitor explained that an Official PlanAmendment was necessary because the
proposed density exceeded the existing density of twelve in the Chippawa Offici~
Plan, while the existing by-law provides for a density of over thirty units per!
acre. The Official Plan is considered to be a statement of policy, therefore
the provisions of the zoning by-law prevail.
Alderman Orr expressed his dissatisfaction with the proposeddensity and
stated that developers were building more for their own benefit than conelderlY!
what people want. Alderman Sobol pointed out that approving th.e.-by-law would
set a precedent f6r~50e,twe-family lots in the City.
His Worship, Mayor Buhator provided a brief history of the original intent?
of the zoning in the area. Following further discussion, it was moved by
Alderman MscBsin, seconded by Alderman Jsluvk~, that the report be received
and adopted; The motion Carried with.the following vote:
~YE: Aldermen Crowe, Fera, Jalnvka, MacBale, Dilts, Stewart and Thomson.
NA.YE: Aldermen Orr~ Mann, Schisler, and,.Sobol. See Resolution
~ee By-laws
Report'No. 37 .%[` ~ty n ""'~ repor~q;ect~nuends tha't'pa~king
9
.Me a2~.~ T ·
oaths southerly aide Of~C~P ~,~ree~.from. it~,in~rseCt%~n with P~inegrove
pROPOSED FOOD CENTRE, J. MORETTA, 3714 PORTAGE ROAD
Report No. 380 - City Manager - The report recommends approval of the develop-
ment plan for the subject property, as submitted.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
COMMUNICATIONS
No. 109 - Electrical Utility Restructuring Local Study Team - Re: Changes in
Existing Electrical Service in the Regional Municipality of Niagara. The
communication encloses a copy of a report used as the basis for public partic-
ipation in discussions on the various alternatives developed for electrical
utility restructuring in ~he~Niagara .Region at a meeting to be held in
St. Catharines on August 25, 1977.
ORDERED on the motion of Alderman Crowe, seconded by Alderman Thomson, that the
members of Council review the report and convey any concerns to the August 25th
meeting in St. Catharines. Carried Unanimously.
No. 110 - Mr. E. Stephenson, Postmaster - Re: Street Letter Boxes. The
communication provides information on future maintenance and pick-up of street
letter boxes in the City.
ORDERED on the motjoe of Alderman Mann, seconded by. Alderman Orr, that the
communication be received and filed. Carried Unanimously.
No. 111 - Chamber of Commerce - Re: Membership with the Chamber of Commerce.
The communication requests Council to consider the City of Niagara Falls
becoming a member of the Chamber of Conearcs.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that Council
~uthorize the City's membership with the Chamber of Con~nerce. The motion Carried
with Alderman Schisler voting contrary, and all others in fayour.
REPORTS
No. 381 - City Manager - Re: Roller Skating Agreement, Niagara South Recreation
Centre. ~he report recommends: 1) That Mr. G.A. O'Brien be authorized to
complete the roller skating program for the 1977 season; 2) That the agreement
with Mr. O'Brien and the City be terminated; and 3) That the City enter into
an agreement with the Niagara South Recreation Association to operate a roller
skating program at the Niagara South Recreation Centre.
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that the
report be received and adopted. Carried Unanimously.
NOTE: LAtderman Orr was absent when the vote was taken on this matter.
No. 382 - Recreation Commission - Re: Aldermanic Appointments to Area Recreation
Boards. The report requests aldermanic appointments to the Niagara Northwest
Recreation Board and the Niagara South Recreation Board.
ORDERE~on the motion of Alderman Mann, seconded by Alderman Thomson, that
Alderman R. Orr be appointed to the Niagara Northwest Recreation Board, and
Alderman D. Dilts be appointed to the Niagara South Recreation Board. Carried
Unanimously.
NOTE: Alderman 0rr was absent when the vote was taken on this matter.
No. 383 - Recreation Commission - Re: City Playground Junior Olympics. The
report requests a Council representative to present awards at the City playground
JUnior Olympics on August 17, 1977.
ORDERED on the motion of Aldernmn Mann, seconded by Alderman Stewart, that
Alderman Sobol represent City Council at the presentation of awards. Carried
Unanimously.
NOTS: Alderman Orr was absent when the vote was taken on this matter.
No. 384 - City Manager - Re: ST-134, Parking of Commercial and Other Vehicles
in Residential Areas. The report recommends preparation of a by-law limiting
the number of vehicles to be parked at a private residence and clarifying the
maximum weight of a commercial vehicle allowed at a private residence.
The City Clerk requested that the report be withdrawn temporarily.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Sob~l, that
the report be withdrawn. Carried Unanimously.
NOTE: Alderman 0rr was absent when the vote was taken on this matter.
No. 385 - City Manager - Re: Development Agreements. The report recommends
passage ~f a by-law authorizing the Mayor and Clerk to execute a new form of
agreement dispensing with the requirement that the plans and drawings be
attached to the agreement and making provisions for revised plans and drawings.
ORDERED on the motion of Alderman Crows, seconded by Alderman Jaluvka, that
the report be received and adopted. Carried Unanimously.
See By-law No. 77-1~
NOTE: Alderman Oft was absent when the vote was taken
on this matter.
No. 386 - City Manager - Re: Development Plan Approval, Proposed Extens ion to
Auto Body Shop, 6410 Dr,,mmond Road. The report recommends approval of the
development plan for the subject property, as submitted.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
NOTE: Alderman err was absent when the vote was taken on this matter.
No. 387 - City Manager - Re: Annual plumbing Inspectors' Conference. The rep0z
recommends the attendance of the Senior Plumbing Inspector at the annual
conference to be held in Timmine from September 11-14, 1977.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the
report be received and adopted. Carried Unanimously.
NOTE: Alderman Orr was absent when the vote was taken on this matter.
No. 388 - City Manager - Re: Training Seminar. The report requests Council*s
approval for the City Manager to attend the International Municipal Finance
Officers Association Career Development Centre Training Seminar in London from
September 26 - 28, 1977.
ORDERED on the motion of Alderman Mann, seconded by Alder~F~ Thomson, that the~
City Managerbe authorized to attend the subject conference. Carried Unsnimou
NOTE: Alderman err was absent when the vote was taken on this matter.
No. 389 - City Manager - Re: Association of Counties & Regions of Ontario
Conference - October 15 - 18, 1977. The report recommends that an amount of
not more than $500.00 be provided to purchase souvenir spoons for the wives
of those delegates attending the conference.
ORDERED on the motion of Alderman Mann, seconded by Alddrman Thomson, that the
report he received snd adopted. Carried Unanimously.
NOTE: Alderman Orr was absent when the vote was taken on this matter.
No. 390 - City Manager - Re: Orsup Co-operative Sal~ Tender 1977/78. The
report recommends the acceptance of the low bid submitted by Canadian-Salt
Company delivered to the Municipal Service Centre as required.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that
the report he received and adopted~ Carried Unanimously.
.See Resolution No~
NOTE| Alderman err was absent when the vote was taken on this matter.
No. 391 - City Manager - Re: Contract s.C. 17/77, Municipal Services.in Bambi
Estates Subdivision. The report recommends acceptance of the unit prices subm
by L & N Construction and Excavatin8 Limited for the subject contract.
. ORDERED on the motion of Alderman Thomson, seconded by Alderman Fete, thst
the report he received sad adopted...C~rr.ied~ith_,A~lderma~ Crows abstaining on
conflict of interest. '~ee ~eeolu.tion No.
See By-j~ No...77f!
NOI~: Alderman err was ~bsent when the vote was taken on this matter.
No. 392 - City Manaser - Re; Contract R,C, 18/77, Finished Road Construction
in Nonroe Subdivision. The report reamads the acceptance of the unit price~
submitted by Steed & Evans Ltd. for the subject contract.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that
the report.be received and adopted. Carried Unanimously,
See Resolution
NOTES A!dernan Oft was s~sent when the vote was taken See By-ls~ No.
on this nattar, ..... 5
- 5 -
No. 393 - City Manager - Re: Contract R.C. 19/77, Finished Road Construction
on Harleyford Crescent and in Sunnylea Extension Subdivis ion. The report
recommends the acceptance of the unit prices submitted by Steed & Evans Ltd.
for the subject contract.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 95
NOTE: Alderman err was absent when the vote was See By-law No. 77-179
taken on this matter.
No. 394 - City Manager - Re: tentract R.C. 20/77, Curbs, Gutters and Road
Construction in Falls Industrial Subdivis ion. The report recommends acceptance
of the unit prices submitted by Steed & Evans L~d. for the subject contract.
ORDERED on the motion of Alderman Themson, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 96
NOTE: Alderman err was absent when the vote was See By-law No. 77-180
taken on this matter.'
No. 395 - City Manager - Re: Winter Control on Regional Roads. The report
recommends approval of the winter control'and asphalt patching program on'
Regional roads.
ORDERED on the motion of Alderman Mann, seconded by Alderman Crows, that the
report betreceived and adopted. Carried Unanimously.
No. 396 - City Manager - Re: Upgrading Data Processing. The report recommends
that the City proceed with the purchase of data processing equipment at this
time.
ORDERED on the motion of Alderman Sobel, seconded by Alderman Dilts, that the
report he received and adopted. Carried Unanimously.
No. 397 - City Manager - Re: Amendments to the Public Utilities Act. The
report recommends endorserich of a request of the Association of Municipal
· Electrical Utilities of Ontario for amendments to the Public Uti~ities Act,
and further that the Treasurer be requested to have included in the amendment
a provision clearly setting out the manner in which required notice of shut-off
may ~e given..
Aldermen Crowe and Thoumen expressed concern over the Association's suggested
amendment.regarding notification of shut-off to non-occupant owners of properties
on re~uest only and the 48.hour notice.period. The City Clerk suggested that
further iuformation could be obtained from the Association prior to Council's
decision on the matter.
ORDERED on the motion of Alderman Crows, seconded by Alderman Jaluvka, that
the report be tabled for two weeks. Carried Unanimously.
No. 398 = City Manager - Re: Local Improvement Works. The report recommends:
1) That the cost sharing structure for the works carried out under the Local
Improvement Act be modified and effective from 1977 Local Improvement Program,
all costs to the henefiting~owners he on a fixed frontage foot basis as
noted in the attached table; and 2) The City Solicitor be authorized to
prepare the necessary by-laws.
ORDERED-on the motion of Alderman Mann, seconded by Alderman Sobel, that
the report be received and adopted. Carried Unanimously.
No. 399 - His Worship, Mayor Bukator - Re: Special Committee on Smoking
Prohibitions. The report reckamends the appointment of Alderman Cheesman,
Alderman Sobel, the City Clerk sad Fire Chief to serve on the special committee
to consider smoking prohibitions.
ORDERED on the motion of Aidemen Schisler, seconded by Alderman Mann, that the
report be received and adopted. Carried Unanimously.
NOTE: Alderman Crowe was absent when the vote was taken on this matter.
No. 400 - City Manager - Re: Sale of Lots 10 and 11, Plan 243 to Marine Wonderland
.'.and A~el !Park Limited. The report reconmmnds passage of a by-law providing for
the City~s consent to the sale of Lots 10 and 11 from Francis Balogh and John
Pinkernelle to M Urine Wonderland and Animal Park Limited subject to certain
conditions.
ORDERED on the motion of Alderman Mann, seconded by Alderman MacRain, that the
report be received and adopted., Carried Unanimously. See By-l~w. N~, 7.7f~.
No. 401 o Loan Review Committee - Re: Applications for Assistance. The report
recommends approval of six applications for assistance under the Ontario Rome
Renewal program,
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fete, that the
report be received sn~ adopted, carried Unanimously. . .... 6
- 6-
No. 402 - City Manager - Re: Building Permits. The report provides a breakdow~
of the permits issued by the Building & Development Department for the month 0f
July, 1977.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that
report he received and filed. Carried Unanimously.
NOTE: Alderman Dilts was absent when the vote was taken on this matter.
No. 403 - City Manager - Re: Municipal Accounts. The report recommends payment
of hhe municipal accounts.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Schis!er, that
the report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 90 - HAHN - ORR - RESOLVED that the Council of the Corporation of the City
of Niagara Falls hereby certifies that the development of app=nximately five
acres of property located on the west side of Portage Road and immediately to
the rear of and adjacent to the single family residential lots located on the
north side of Harvey Street, 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 he~eto affixed.
Carried with Alder{
Stewart voting cont
and all others in
No. 91 - HACBAIN - JALUVI(A - RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby certifies that By-law No. 77-175 to fezone
s parcel of property bordered by Willoughby Drive, Cartel1 Drive, Furlong
Avenue and Wainbrenner Road, will conform to Official Plan Amendment No. 30
of the Niagara Falls Planning Area, once Amendment No. 90 has been passed by
the Minister of Housing; AND the Seal of the Corporation be hereto affixed.
Carried with the following vote:
AYE: Alddrmen Crows, Fare, Jsluvka, MacBain, Dilts, Stewart and Thomson.
NAYE: Aldermen Orr, Mann, Schisler and Sobol.
No. 92 - {HOHSON - FERA - RESOLVED that the low bid submi{~ed by Canadian Salt
Company in the amount of $16.578 per ton delivered to the Municipal Service
Centre for salt requirements for the 1977/78 winter season, be accepted; AND
the Seal of the Corporation be hereto affixed.
Carried UnanimouslL
No. 93 - THOMSON - FERA - RESOLVED that the unit prices submitted by L & N .
Construction and Excavating Limited for the construction of sewermain, waterroe
and base roads in the Bambi Estates Subdivision, be accepted at the total pric
of $657,908.32; AND the Seal of the Corporation be hereto affixed.
Carried with Aide
Crowe. abstaining o
conflict of intere
and all others vo'
in favour.
No. 94 - THOMSON - FERA - RESOLVED that the unit prices submitted by Steed and
Evans Limited for the construction of finished roads in the Monroe Subdivision:
be accepted st the total price of $43,956.00; AND the Seal of the Corporation
Carried Unsnimousi
No. 95 - THOMSON - FERA - RESOLVED that the unit prices submitted by Steed sndi
Evans Limited for the construction of finished roads on Harle3[ford Crescent
in the Sunnylea Extension Subdivision, be accepted at the total price of
$38,133.40; AND the Seal of the CoFporation be hereto affixed.
Carried Un.
No.. 96 - THOMSON - FERA - RESOLVED that the unit prices submitted by Steed
Evens Limited for the construction of curbs, 8utters and roads in the Falls
Industrial Subdivision, be accepted at the total price of $36,941,60; AND the
Seal of the Corporation be hereto el.fixed..
Carried
- 7 -
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 77-174 - A By-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Falls Planning Area. (Chippawa Industrial Lands)
No. 77-175
No. 77-176
No. 77-177
- A By-law to amend By-law No. 974 (1955) of the former Village of
Chippaws, now in the City of Niagara Falls, as amended. (Chippawa
Industrial Lands)
- A By-law to authorize the execution of development agreements.
- A By-law to authorize the execution of an agreement with L & N
Construction and Excavating Limited for the construction of sewermains,
watermains and base roads for the Bambi Estates and Bambi Estates
Extension Plans of Subdivision. (G.C./17/77)
No. 77-178 - A By-law to authorize theeexecution of an agreement with Steed and
Evans Limited for the construction of roads. (R.C. 18/77)
No. 77-179
No. 77-180
No. 77-181
No. 77-182
No. 77-183
No. 77-184
No. 77-185
- A By-law to authorize the execution of an agreement with Steed and
Evans Limited for the construction of roads. (R.C. 19/77)
- A By-law to authorize the execution of an agreement with Steed and
Evans Limited for the construction of roads. (R.C. 20/77)
- A By-law to amend By-law No. 3790, being a by-law for the. regulation
of traffic. (Jepson, Ontario, Palmar and S imcoe Parking Prohibitions)
- A By-law to amend By-law No. 7531, being a by-law to provide for the
erection of stop slgns at intersections. (Atlee Street and Pitton Road)
- A By-law to authorize an agreement with Cambridge Leaseholds Limited
and others.
- A By-law to authorize an agreement with Marine Wonderland And Animal
Park Limited. (Sale of Lots 10 & 11, Falls Industrial Park)
- A By-~aw to provide monies for general purposes.
Carried with Alderman
Crowe abstaining on a
conflict of interest
on By-law 77-177,
Aldermen Mann, Orr,
Schisler and Sobol voting
contrary on By-laws 77-174
and 77-~75, and all others
voting in favour.
ORDERED on the motion of Alderman Jaluvka, seconded by Alderman Thomson, that
the following by-laws be now read a second and third time:
No. 77-174 - A By-law to p~ovide for the adoption of an amendment to the Official
Plan of the Niagara Falls Planning Area. (Chippaws Industrial Lands)
No. 77-175
- A By-law to amend By-law No. 974 (1955) of the former Village of
Chippaws, now in.the City of Niagara Falls, as amended. (Chippawa
· Industrial Lands)
No. 77-176 - A By-law to authorize the execution of development agreements.
No. 77-177 - A By-law to authorize the execution of an agreement with L & N
Construction end Excavating Limited for the construction of sewermains,
watermains and base roads for the Bambi Estates and Bambi Estates
Extension Plans of Subdivision. (G.C. 17/77)
No. 77-178 - A By-law to authorise the execution-of an agreement with Steed and
Evans Limited for the construction of roads. (R.C. 18/77)
No. 77-179'- A By-law to authorlee the execution of an agreement with Steed and
Evans Limited for the construction ?f roads. (R.C. 19/77)
No. 77-180 - A By-law to authorize the execution of an agreement with Steed and
Evans Limited for the construction of roads. (R.C. 20/77)
No. 77-181 - A By-law to amend By-law No. 3790, being a by-law for the regulati
of traffic. (Jepson, Ontario, Palmar and Slmcoe Parking Prohtbitl0~
No. 77-182 - A By-law to amend By-law No. 7531, being a by-law to provide for t!
erection of stop signs at intersections. (Atlas Street and Pitton~
No. 77-183 - A By-law to authorsire an agreement with Cambridge Leasehplds Limit-
and others.
No. 77-184 - A By-law to authorize an agreement with Marine Wonderland and Ani~
Park Limited.
~o. 77-185 - A By-law to p=ovide monies for general. purposes.; .-
NEW BUSINESS
Carried with Alder~
Crows abstaining
conflict of interes
on By-law 77-177,
Aldermen Mann, Orr,
contrary
and 77-175, and all
voting in favour.
MOTORIZED VEHICLES ON CITY PROPERTY
Mr. R.C. Fenwick, a resident of Parkview Estates on Swayze Drive, was
granted permission to address ~ouncil on the motion of Alderman Thoms. on, secon~
by Alderman Mann. .Mr. Fenwick advised that since bhe condominium units were
first occupied, the residents had been subjected to young children and teensgeI
from the surrounding area using the property as a short-cut to and from Ker
Park and .the Stamford Centre area. As well, mini-bike, trail bike and dtrt-tni
cyclists use the Hydro right-of-way property going to and from the sand pits i~
the St. DavidIs hill area. Attempts by residents to stop the trespassing have
been met with~erbal abuse and continuing acts of vandalism such as breaking
and uprooting of small tree plantlugs, spattering of patio doors with eggs or
vegetables, tampering with outside water faucets, thefts from parked vehicles
and tampering with personal property located on residents' patios. Mr. Fenwic~
requested that the City proceed with fenct~ the property leased from Ontari0
Hydro. It was moved by Alderman Thomson, seconded by Alderman Fern, that the
property in question be signed to prohibit vehicular traffic at all times, and
further that a report be prepared outlining what steps can be taken by Council
to resolve the problem. Carried Unanimously.
PORTAGE ROAD NEAR MARII~IAND
Aldermen Mann requested staff to contact the Region to determine if siBns-,
could be erected on Portage Road near Marineland, instructing vehicular trsffi~
in the right lane to exit at Marineland. The Alderman advised that there
presently is a problem with residents changing lanes either to ~ain entrance
to Marineland, or to continue on to the Chippawa area.
WEIOHTM&N BRIDGE IN CHIPPAWA
Alderman Mann requested staff to contact the Region regarding the conditi~.
of the Weightman bridge entering Chippaws. The Alderman advised that the spla.
boards are loose.and~rus~Y,.requirinS~rePairs and painting,
SIDEWALK CONSTRUCTION ON SODOM ROAD
Aldermen Mann referred to the recent s idawalk construction on S0dom Read
near the Niagara South Recreation Complex and advised that some of the reside~
properties in the area have been disturbed by the construction. The Alderman
requested a report on when ~he construction would be eo~leted and when
restoration of ~he properties would be oar~ed out,
LIMIT ON. MOLE(M) ROAD
Alderman Jaluvka advised that there is no speed limit posted on MaLeod
Road between the q,M,W, and Dorchester Road, I~ was also pointed ou~ that
there are many small children in the area, particularly from the new subdivision,
and drivers coming off the Q.E.W. do not realize they are travelling at a higher
speed than should be permitted through a residential.area. The Alderman
suggested that the Region be advised of this met~er.
FINANCIAL ASSISTANCE FOR WINTER CONTROL
Alderman Thomson advised that he had read an article in a recent publication
stating that only three applications had been received by the Province for
additional financial assistance due to the severe winter experienced in 1977.
His Worship, Mayor Bukator explained that meetings had been arranged with the
Region and other area municipalities to discuss requests for additional funding
from the Province. It was moved by Alderman Thomson, seconded by Alderman Crows,
that a report be submitted on the status of efforts by the Region and other area
municipalities to obtain additional funding from the Provincial Government, and
further whether the City of Niagara Falls was one of the three applicants to the
Provincial Gover[unent for additional funding. Carried Unanimously.
NOISE CONTROL BY-lAW
Alderman Thomson advised that he had recently learned that the City of
North Bay was one of the first municipalities in Ontario to establish a noise
control by-law, and that roughly thirty other municipalities were in the process
of preparing such a by-law. The Alderman requested that Council be given a
report on the status of the City's proposed noise control by-law, and further
that a copy of the North Bay noise control by-law be obtained for Council's
perusal.
CNR EXPRESS OFFICE
Alderman Thomson referred to efforts made by the City recently to have the
local CNR express office remain in Niagara Falls, following an announcement that
the service would be centralized in Hamilton. It was further advised that of the
forty-five employees working in Niagara Falls, twelve will stay, eighteen will
have to relocate in Mamilton, and fifteen jobs will be lost completely.
It was moved by Alderman Crnwe, seconded by Aldermen Stewart, that the
meeting adjourn to Committee of the Whole. Carried Unanimously.
kk~kAAA ,,, ,
MAYOR
Council met in Co~lttee of the Whole on Monday, August 15, 1977, following
a regular meeting of Council. All members of Council were present with the
exception of Alderman Chessman. Aldermen Stewart pres ided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
READ AND ADOPTED,
Coumiittee Room #1
AuguSt 15, 1977
......
MaYOR
.....................
- 10-
REGULAR MEETING
Council Chambers
August 15, 1977
Council reconvened in open session on Monday, August 15, 1977, following
a meeting in Committee of the Whole. All members of Council were present with
the exception of Alderman Chessman. His Worship, Mayor Buk~tor presided as
Chairman. . ,~ea~aa_,.
The meeting adjourned. -
READ AND ADOPTED,
MAYOR
THIRTY-THIRD MEETING
COMMITTEE OF THE WHOLE
Gomnittee Room #1
August 29, 1977
Council met in Committee of the Whole at 7:00 p.m. on Monday, August 29,
1977, All members of Council were present with the exception of Aldermen Crowe
and MacBain. Alderman Mann presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
READ AND ADOPTED,
MAYOR
Council Chambers
August 29, 1977..-..
Council met on Monday, August 29, 1977, at 7:30 p.m. for the purpose of ..~
considering general business. All members of Council were presen~ with the
exception of Alderman MaeBain. His Worship, Mayor Bukator presided as
Chairman. Aldernmn Stewart offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Aldermen Fern, seconded by Aldermen Thomson,
that the minutes of the meeting held on August 15, 1977, be adopted as printed.
Carried Unanimously.
DEPUTATION
RODENT PROBLEM - PARKDALE STREET/AVENUE
Mr. R. Delage of 4649 Parkdale Avenue was granted permission to address
Council on the motion of Aldermen Thomson, seconded by Alderman Orr. Mr. Delage
stated that the rodent problem in the area was not cleared up, and appeared
to be worsening. In early June, area residents had contacted the Weed Inspector
to have the weeds cut in the adjacent field which was thought to be the
source of the rodents. The Health Unit was also called and the residents
were instructed to maintain their properties and advised that information
brochures would be mailed. Two members of Council and the local press were
informed of the problem, and shortly afterwards the weeds in the field were
cut. Mr. Delage stated that within the last ten days, thirteen rats had
been killed in the area. A number had been found nesting under a dog house
contrary to the common belief that rats will not go near dogs. Gardens have
been destroyed by the rats, and many residents have removed their gardens so
as not to attract rats. Mr. Delage pointed out that rats can spread twenty
different types of disease, and one rat can have fifteen thousand descendants
in its lifetime. Reference was also made to the large piles of fill fruma
nearby subdivis ion development which could be adding to the problem. Mr. Delage
asked Council's ass istance in solving the problem, particularly in view of
the dan~er to young children who play in the backyards of homes in the area.
Alderman Thomson stated that when subdivision development takes place
on previously rural lands where rodents were there'to begin with, the rodents
will run from property to property. The major problem involves prefabricated
steps that are installed without a proper foundation. Rodents can easily
burrow under the steps and remain there indefinitely. The Aldermen referred
to the fact that one of the residents had refused to s ign a form making the
property owner responsible for any netghbourhood children or pets becoming
involved with the rodent poison. If residents refuse to sign these form,
the Health Unit will issue an order and the owners will have to assume this
responsibility. As a future solution to these problema, Aldermen Thomson
suggested .that the installation of profabricated steps only be allowed with
· proper foundation. It was further suggested that possibly through
future subdivision agreements, developers could be held responsible for
rodent control on lands prior to commencement of development. Alderman
Orr provided additional comments, and stated that the matter should be
given the City's utmost concern.
The feintchance & Operations Engineer advised that the City's exterminator
had baited all properties he could gain access to that afternoon, and i~ this
particular instance, there is a great possibility the rats are on the Optimist
Club grounds.. It was requested that all residents advise the City when
rodents are sighted so that.the calls can be 4mmediately re!eyed to the City's
exterminator.
Following further discussion, His Worship, Mayor Bukator requested
Mr. Delete and other area residents to attend a'future meeting to report the
success of the rodent control programme in the area.
UNFINISHED BUSI~SS
LOCi41, FALLS.INDUSTRIAL PARK .... '~'q"r
Report No. 404 - City Manager - The report recommends that D. gusin of Alder
Equipment be given until September 30th, 1977 to bring Lot 12 into conformity
with all restrictions and covenants that apply to that lot; and that upon
confirmation that all restrictions and covenants applicable to Lot 12 have
been met within the stipulated time period, Mr. SuSin be given until the
31st day of October, 1977 to complete the purchase of Lot 41 for $27,830.00,
being at the rate of $11,000.00 per acre. The purchase will be subject to
the imposition of those restrictions and covenants imposed by the City on
the sale of lots'in the Falls Industrial Park.
In view of the ~aet Mr. Susin had originally expressed an interest in
purchasing Lot 4i in 1974, Alderman Crowe felt Mr. Susin should be given
ten days to enter into an agreement of purchase and sale with the City for
the lot.
ORDEHED on the motion of Alderman Thomson, seconded by Alderman Mann, that
Mr. Susin be given ten (10) days to submit a completed offer to purchase on
Lot 41, Falls Industrial Park, at the price of $27,830.O0~_being st the
rate of $11,000.00 per acre, and further subject to the completed offer
being received within the ten (10) days, the purchase of Lot 41 will be
conditional upon Mr. Sosin complying with all covenants and condi~ions contains
in the deed for Lot 12, Falls Industrial Park, such novenants and conditions
to be met prior to September 30, 1977, andsthe application of all covenants
and conditions applying to lends in the Falls Industrial Park applying to
the sale of Lot 41. Carried Unanimously.
SHRIHER'S CREEK
Report No. 405 - City Manager - The report recofi~ends the following action
if Council is of the opinion an agreement is not necessary for .the disposition
of remainder of contributions used in the purchase of Lands for the project:
1) That the City refund the owners 50% of the amounts contributed by them
for the purchase of the Wyllie property; 2) That the owners and Taro be advisea!i
that the City will refund $20,000.00 to them (b~tn8 50% of the $40,000..00
initially.contributed by them towards engineering fees) when the City receives
payment of $20,000.00 from N.P.C.A. on account of these fees; and 3) That
the owners and Taro be requested to provide.the City with the $5,000100
previously requested for the additional engineering fees in order ~hat the
engineering work may be resumed.
The City Manager and Deputy City Solicitor provided addi~lo.nal informati0~f
in response to questions raised by Aldermen Crows.
ORDERED on the motion of Alderman Thomeon~ seconded by Alderme.n Stewart, that
the report be received and adopted. Carried Unanimously.
8T-134. PARKING OF COH~RCIAL A~) OTHER VEHICLES IN RESIDENTIAL AHEAS
Report No. 406 - City N~nager - The report recommends that the City Solicitor
prepare n by-law limiting the number of vehicles able to be parked in residehal
_ the~report :be received and ;edopted,~ ~Cerried Ilne, n,imously,
areas and clarifying the maximum weight of a camercial vehicle allowed to be
.~psrked in such residential areas.
· ORDERED on the motion of Alderman Thems~n, seconded by Alderman Chessman, that
MOTORIZED VEHICLES ON CITY PARKS
Report No. 407 - City Manager - The report provides information on the
efforts of City staff and Regional Police to post signs and enforce regulations
regarding motorlied vehicles on City Parks. Since the lands in question are
.owned by Ontario Hydro, the City cannot fence the property and it is suggested
the condominium owners consider building their own fence. It is recommended
that Council petition the support of other municipalities in approaching the
Ministry of Transportation & Communications to provide regulations governing
the licensing of mini-bikes and similar vehicles, which would include an age
restriction and safety regulations.
Aldermen Thomson suggested the condominium owners might be willing
to finance the installation of a fence this year, if the City would reimburse
them out of the next year's budget. The Director of Recreation explained that
this,would not be possible~stnce.the~and?be~ween Ker park-and~the condominium
property is owned.'byOntario Hydro and not the City.
In response to a question raised by Alderman Fera~'the City'Clerk advised
that the developer of the subdivis ion could not be held responsible for erecting
the fence since the condominium units have been sold to the residents, and
the developer's is no longer responsible for the property. Alderman Crowe
pointed out that the res~ents would pay for the fence if erected by the
developer through the cost of the units, or they would pay directly by
erecting the fence themselves. For the City to pay for the fence on Ontario
Hydro property would be setting a dangerous precedent.
Following further discussion, it was moved by Alderman Mann, seconded
by Alderman Thomson, that Council petition the support of other municipalities
in approaching the Ministry of Transportation & Co~munications to provide
regulations governing the licensing of mini-bikes and similar vehicles,
including age restrictions and safety regulations, and further that the
matter of fencing be tabled until September 12, 1977, to allow area residents
to be in attendance at the meeting. Carried Unanimously. i-
I COMMUNICaTIONS
No. 112 - Ministry of Transportation & Communications - Re: 1977 Supplementary
Subsidy Allocation. The communication advises that a supplementary subsidy
for sp~ial winter maintenanCe:has been allocated 'to the City in the amount of
$107,442.00.
The City Manager provided information on the supplementary allocation as
it compared with the normal subsidy provided for winter.maintenance. Alderman
Chessmen asked if there was any policy in existence providing for the prohibition
of perking on certain streets during the winter months to allow snow removal
operations to be carried out. The Maintenance & Operations Engineer advised
that the by-law relating to this matter differed in twozaraas of the City, and
that a report was being prepared on this subject.
ORDERED on the motion of Alderman Crows, seconded by Alderman Thomson, that
the ce~muntnattnn be received and filed. Carried Unanimously.
No. 113.- Ministry of Nature1 Resources - Re: Grassy Brook Park. The comumnication
advises that an Order-in-Council approving a grant of $17,265 for further develop-
want of Grassy Brook Park was passed on August 10, 1977.
ORDERED on the motion of Aldermen Thomson, seconded by Aldermen Orr~ that the
communication be received and filed. Carried Unanimously.
No. 114 - Willoughby Co0nunity Centre Committee - Re: Willoughby Township Hall
· Centennial Country Fair. The communication extends an invitation to members of
Council to attend the festivities in commemoration of the 100th anniversary of
the Willoughby Township Hall on September 10, 1977.
ORDERED on the motion of Aldermen Mann~ seconded by Alderman Sobol, that as
many members of Council as possible attend the function. Carried Unanimously.
No. 115 - World Literacy of Canada - Re: International Literacy Day. The
c~Bnication requests that Connail declare September 8, 1977 as International
Literacy Day even though a paid advertisement is not placed in the newspaper.
ORDERED on the motion of Alde~m~n Thomson, seconded by Alderman Orr, that the
request be approved, and September 8, 1977 be declared as Internstionsl
Literacy Day. Carried Unanimously.
No. 116 - ~.S. Fox Limited - Re: Movement,of Large Dismeter Tanks from Kent
~treet Co Moore McCle~ry Dock inThorold. The communication advises of
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the methods to be used in transporting several large diameter tanks from the
Kent Street location to Moore McCleary Dock in Thorold.
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
City co-operate in the project subject to E.S. Fox Limited entering into an
agreement to protect the Municipality from any damage claims arising from the
transfer of the tanks. Carried Unanimously.
REPORTS
No. 408 - His Worships Mayor Bukator - Re: Proposed Site for Regional Headquart~
The report provides information on the proposed 2Y-acre site at the corner of
Mountain Road and the Queen Elizabeth Way for the new Regional Headquarters.
The support of Council and Regional Councillors for the site is requested.
The Planning Director made a verbal presentation on the site, and provide~
information on the site, location, financing and servicing of the lands propose I
His Worship, Mayor Bukstor advised that Council in Committee of the Whole, had
authorized him to promote this site at the Regional Committee level. The
Region is studying five or six proposed sites, and it is anticipated that a
decision will be made on the location of the new Regional Headquarters shortly.
Members of Council and Regional Councillors Mitchelson, Scott and Smeaton
commended His Worship, Mayor Bukator for his efforts imlocating such a well
suited site for the proposed Regional headquarters. Members of staff involved
in preparation of the special brochure were also commended for their work in
producing such an excellent document. Several members of Council indicated
their complete support of the proposal. Although Alderman Sobol was in fayour
of the proposed site, she expressed her concern that this location would.open
prime agriculatural land to the north for development. His Worships Mayor
Bukator indicated that not all details of the proposal had been finalized,
and this aspect would be dealt with in the future. Alderman Sobbl stated that
she would support the proposed site,in principle.
Following further discussions it was moved by Alderman Mann, seconded
by Alderman err, that the report of His Worships Mayor Bukator be received an
adopted.: Carried Unanimously.
No. 409 - Recreation Co~nission - Re: Official Opening of Oakes Park Track and
Field. The report rec~maends that the official opening of the Oakes Park Track
and Field be held on Saturday afternoons October 8, 1977.
ORDERED on the motion of Alderman Thomsons seconded by Alderman. Fern, that the
report be received and adopted. Carried Unanimously.
No. 410~ City Manager - Re: Sale of Used Equipment. The report recommends
thai the City participate with the Region at the auction sale of used equipmenS/
to be held October 15s 1977. ~
· ORDERED on the motion of Alderman Schisler, seconded by Alderman Cheesman,
that the report be received and adopted. Carried Unanimously.
NOTE: Alderman err was absent when the vote was taken on this matter.
No. 411 - City Manager - Re: Purchase of New Equipment. The report recommends i
the acceptance of various quotations for the purchase of new equipment.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Ferns that the;
report be received and adopted. Carried Unanimous ly.
See Resolution No.
NOTE: Alderman err was absent when the vote was taken on this matter.
No. 412 - City Manager - Re: New Ice Resurfacer.for Niagara Falls Arena. r~cc~
report recamaends acceptance of a quotation by Kelly Sales Ltd, for the pu
of a new Ice Resurfacer for the Niagara Falls Arena.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
' ' See Resolution ,
NOTE~ Aideman Orr was absent when the vote was 'taken on this matter..
,.No. 413 - City Manager - Re: School Crossing Guard - Palmar Avenue at Jepson
Street. The report recommends that the City Manager be authorized to take
the necessary steps to place s school crossing guard et .the intersection of
palmar Avenue end JepsOn Street.
0RIBRED on the' motion of Alderm~n Thenson, seconded by Alderman Fera~ that the[
re~ort be received and adopted. Carried Unanimously.
NOTE| Alderman 0rr was absent when the vote was taken on this matter.
.
-5 -
No. 414 - City Manager - Re: Seven Month Statement of Revenue and Expenditure.
The report provides information on the condensed statements of revenue and
expenditure for the seven month period ending July 31, 1977 for tax supported
services, water supply system and parking fund.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Fete, that
the report be received and filed. Carried Unanimously.
No. 415 - City Manager - Re: Delegation of Subdivision Approval. The report
provides documents prepared by Regional Niagara for use in conjunction with
subdivision approval.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Thomson, that
the report be received and filed. Carried Unanimously.
No. 416 - City Manager - Re: United Way Campaign - 1977. The report reconmends
Council's approval of an incentive program in providing one week's vacation for
the winners of the City employee participants in the United Way '77 Campaign.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fete, that the
report be received and adopted, and Local 528 Niagara Falls Profess ional Fire
Fighters and Local 133, Canadian Union of Public Employees be conmended for
their participation in the incentive program. Carried Unanimously.
No. 417 - City He'nsger - Re: Renewal of Lease - Provincial Court Facilities.
The report recommends the renewal of the lease between the Ministry of
Government Services and the City for a further one-year period from January 1,
1978-at an annual rental of $49,320.00 payable in advance in monthly installments
of $4,110.00.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Jaluvka,
that the report be received and adopted. Carried Unanimously.
No. 418 - City Manager - Re: One Font Reserve in Theresa Subdivision Extension
No. 2, R.P. M-30. The report recommends passage of a by-law to establish the
one foot reserve at theawes~erly terminus of St.aAnthony CresCent in:Plan M-30,
ass public highway.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
'See By-law No. 77-186
No. 419 - City Manager - Re: Development Plan Approval for Proposed Office
Building, Niagara River Boulevard and Bukator Drive. The report recommends
approval of the subject development plan.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that
the report.be received and adopted. Carried Unanimously.
No. 420 - City Manager - Re: C.P.A.C. Conference. The report recommends the
attendance of the Planning Director at the subject conference to be held in
Toronto from September 11 - 14, 1977.
ORDERED on the motion of Alderman Mann, seconded by Alderman Fare, that the
report be received and adopted. Carried Unanimously.
No. 421 - City Manager - Re: I.C.M.A. Conference. The report requests approval
'of the City Menagerie attendance at the annual conference of the International
City Management Association in Atlanta, Georgia from October 30 - November 3,
1977. -
ORDERED on the motion of Alderman Chessman, seconded by Alderman Stewart, that
the City Manager be authorized to attend the conference. Carried Unanimously.
No. 422 - City Manager - Re: Local Improvement Works. The report recommends
passage of s by-law'to repeal By-law No. 4172 which provides for the cost-sharing
basis of certain Local Improvement works.
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the
report be received and adopted. Carried Unanimously.
See By-law No. 77-18~
No. 423 - City Clerk - Re: Objection to Zoning Amendment By-law 77-60, AM-16/77,
G. & A. DeGiorgio. The report recommends passage of an amending by-law making
approval of the application subject to storm sewers being installed in the area,
in order to resolve an objection to the proposal.
ORDERED on the motion of Alderman Thomson, seconded by Alderman errs that the
report be received and adopted. Carried Unanimously.
See By-law No. 77-18~
No, 424 = City Manager - Re: Aldertannic Representation to Chamber of Cc~k~erce.
The report requests the appointment of five voting members to the ~hamber of i[i ~
Commerce. . .... 6 i i',i.[
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His Worship, Mayor Bukator requested Aldermen Crows, Fera, Jaluvka,
Orr and Thomson to act as the City's voting members to the Chamber of
Commerce.
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that
the appointments be confirmed, and the report received and filed. Carried
Unanimous ly.
No. 425 - City Solicitor -'Re: Provincial Gas Franchise Agreement. The report
recommends that the City attempt to retain the existing indemnity provision in
the franchise agreement between the City and Provincial Gas Co., and if necessa>
have the matter submitted to the Ontario Energy Board for decision·
ORDERED on the motion of Alderman Crowe, seconded by Alderman Jaluvka, that
the report be received and adopted. Carried Unanimously.
No. 426 - Loan Review Committee - Re: Applications for Assistance. The
report recommends approval of five=applications for assistance under the
Ontario Rome Renewal Program.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that
the report be received and adopted. Carried Unanimously.
NOTE: Alderman Cheesman was absent when the vote was taken on this matter.
No. 427 - City Manager - Re: Municipal Accounts. The report recommends
payment of the municipal accounts.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that
the report be;received and adopted. Carried Unanimously.
-~,r- ' _ ~ _
No. 77-188 = 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. (AM-16/77,
G. & A. DeGiorgio)
NOl~: Alderman Chessman was absent when the vote was taken on this matter.
RESOLUTIONS
No. 97 - THOMSON - FERA ,- RESOLVED that the foilowing quotations for the supply,
of new equipment be accepted: AMOUNT
2 - 10,000 LB~ GVW Trudk8
Eastgate Ford Sales
2 - 25,500 LB. OVWTrucks
Archer Truck Services
Autoland Chrysler Limited
3 - Pick-Up Trucks
Autoland Chrysler Limited
I - Paving Roller & Trailer
Pavemaster of Canada Limited
4 - Passenger Sedans
Autoland Chrysler Limited
4 - Panel Vans
Autoland Chrysler Limited
i - Front End Loader
Maur Equipment
I - Air COmpressor
Compair Canada Limited
$12,110.26
$10,694.65
$ 9,827.95
$14,759~58,~
$ 3,726.27
$17,507.34
$23,213.65
$43,145.61
$ 9,613.95
; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 98 - CREESMAN - DILTS - RESOLVED that the quotation submitted by Kelly
Sales Limited for the supply of an ice resurfacer for the Niagara Falls Arena
be accepted at the quoted'price of $19,625.00; AND the Seal of the Corporation
be hereto affixed.
Carried UnanimousiX
BY-IAWS
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
· No. 77-186 - A By-law to establish a one foot reserveblock as a public highwaY4
(Theresa Extension 2 Subdivision)
No. 77-187 - A By-law to repeal By-law No. 4172 respecting the payment by the
,: i / , Corporation of part of the cost of certain works constructed as
- .~ · ' ld~eF improvements. ..... : .... : v ............ ;
No. 77-189 - ABy-law to authorize the execution of an agreement with Corald
Developments Limited (Summerlea Acres Condominium, North Side of
Thorold Stone Road).
No. 77-190 - A By-law to amend By-law No. 76-51 providing for appointments to
carts in Boards, Commissions and Committees. (F. Sacco to Recreation
Commission)
NO ·
77-191 - A By-law to amend By-law No. 77-21 providing for appointments to
certain Boards, Commissions and Conmittees. (Alderman D. Dilts to
Airport Commission, Planning & Development Committee, Civic Month
Committee and Region Niagara Tourist Council)
No. 77-192 - A By-law to amend By-law No, 3790, being a By-law for the regulation
of traffic. (No Parking - Culp Street)
No. 77;193 - A By-law to provide monies for general purposes.
Carried Unanimous ly
ORDERED on the motion of Alderman Sobol, seconded by Alderman Thomson, that the
following by-laws be now read a second and third time:
No. 77-186 - A By-law to establish a one foot reserve block as a public highway.
(Theresa Extension 2 Subdivision)
No. 77-187 - A By-law to repeal By-law No. 4172 respecting the payment by the
Corporation of part of the cost of certain works constructed as
local improvements.
No. 77-188 - A By-law to amend By-law No. 2530, 1960 of the former Township
of Stamford, now in!bhe City of Niagara Falls, as amended. (AM-16/77,
G. & A. DeGtorgio)
No. 77-189 - A By-law to authorize the execution of an agreement with Corald
Developments Limited (Summaries Acres Condominium, North Side of
Thorold Stone Road).
No. 77-190 - A By-law to amend By-law No. 76-51 providing for appointments to
certain Boards, Commissions and Committees. (F. Sacco to Recreation
Commission)
Nol 77-191 - ~ By-law to amend By-law No. 77-21 providing for appointments to
certain Boards, Commissions and Committees. (Alderman D. Dilts to
Airport Commission, Planning & Development Committee, Civic Month
Committee and Region Niagara TOurist Council)
No. 77-192 - A By-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (No Parking - Culp Street)
No. 77-193 - A By-law to provide monies for general purposes.
Carried Unanimously
NEW BUS INES S
FIRE DEPARTMENT EQUIPMENT
Aldenmn Crows stated that one of the difficulties experienced at the
recent Beaver Lumber fire was the type of equipment used which does not have
sufffci~nt pressure to force water into the fire, since much of the pressure
is lost in the pipe system and the propulsion mechanism. The Aldernmn
advised that he had spoken to the Fire Chief on this matter, and had learned
~e'- a new '~norkel type"..p&ece of equipment, that can deliver the necessary
pressure for a large fire, and requires only one person for. operation. It
was moved by Alderman Crows, seconded by Alderman ThOmson, that a report be
prspared by the Fire Chief providing information on the equipment, and a
further report be pNe~ared by the City Manager on the cost..of the equipment,
and whethe~ or not it is possible to financ~ t~e pu~ha~ D~ the eqdipment
.It the present time. ~atried UnanimouslY.
-S-
FIRE DEPART~NTLETTERS OF COMPLIANCE
Alderman Crows advised that it is becoming more and more necessary
for the Fire Department to issue letters of compliance for buildings and
structures indicating that fire regulations have been met. Many of the
requests for letters of compliance involve inspections of buildings, and
the Aldernmn suggested that a report be prepared on the possibility of
charging a fee for issuing letters of compliance relating to fire safety
and regulations.
UNIT DENSITY NEAR COMF~RCIAL AREAS
Alderman Fera referred to a recent article in the local newspaper which
stated the Region intended to increase the density of buildings permitted
adjacent to commercial areas to as high as seventy units per acre. The
Alderumn felt that such high d~usiti~e should not be permitted in the City.
The Planning Director explained that the density change was at the request
of the City, to permit the construction of senior citizen housing units
near the Thorold Stone Road plaza. Alderman Fera expressed concern that
passing the Official Plan Amendment to permit this density, would allow
developers to build atlsimilar densities throughout the City. The Planning
Director explained that the Official Plan Amendment applied specifically
to the senior citizens project. Following further discussion, it was moved
by Alderman Fare, seconded by Alderman Sobol, that a report be submitted
on the matter of densities in commercial areas. Carried Unanimously.
PORTAGE ROAD BRIDGE OVER HYDRO CANAL
Alderman Thomson advised that he had received a call from a business
operator in the area of the Portage Road bridge over the Hydro canal regarding
the condition of the bridge, and whether the bridge would remain in use after
construction of the new bridge and the Morrison Street extension. The Alderman=
referred to discussions held in the past, and a commitment made at that time
to have the bridge remain in use for ten or fifteen years. In a recent
newspaper article, the Director of Engineering for the Region had stated the
condition of the bridge was poor, and the structure might only last another
three years. It was moved by Alderman Thomson, seconded by Alderman Chessman,
that a report be prepared on the Region's intentions on the future use of the
Portage Road bridge over the Hydro Canal, and the repairs necessary to improve
the condition of the bridge totprovide access, tOctheccowmercial properties to
the north. Carried Unanimously.
P0~SIBLE. PROV'ISIONr OFiPARKING .SPACES
Alderman Thomson advised that a bus route had been re-routed from the
Centre Street area to Ellen Avenue, and businesses in the area felt it would
be beneficial to oreate a number of parking spaces from the' bus stops. It was
moved by Alderman Thomson, seconded by Alderman Crows, that a report be
prepared on the conversion of the bus stops='~o parking spaces either on a
temporary or permanent bas tJ. Carried Unsnhnously.
STOOP AND SCOOP BY-LAW
It was moved by Alderman Thomson, seconded by Alderman .... , that a
report be prepared on the merits, advantages and disadvantages of enacting a
"stoop and scoop" by-law, including the City's authority in enacting such
a by-law. Carried Unanimously.
CONSTRUCTION ON SODOM ROAD
Alderman Stewart advised that he had received a 9omplaint from a resident
on Sodom Road regarding the lack of restoration following recent.construction.
The CityManager advised that the contractor involved~has been notified and
instructed to make proper restoration of the properties imvolved.
It was moved by Alderman Mann, nded by Alderman Stewart, that the
~eetinB adjourn to Co~nittee o~, '~,Carried Unanimously,
- 9 -
COMMITTEE OF THE WHOLE
Committee Room #1
August 29, 1977
Council met in Committee of the Whole on Monday, August 29, 1977, following
a regular meeting of Council. All members of Council were present with the
exception of Alderman MacBain. Alderman Mann presided as Chairman.
Following consideration of the items presented, the Conmittee of the Whole
arose without reporting.
READ AND ADOPTED,
CLERK MAYOR
Council Chambers
August 29, 1977
Council reconvened in open session on Monday, August 29, 1977, following
a meeting in Committee of the Whole. All members of Council were present with
the exception of Alderman MacBain. His Worship, Mayor Bukator presided as
Chairman.
The meeting adjourned.
READ AND ADOPTED,
I
THIRTY-FOURTH ~ETING
Committee Room #1
September 12, 1977
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole at 7:00 p.m. on Monday, September 12,
1977. All members of Council were present with the exception of His Worship,
Mayor Bukator and Alderman Stewart. Alderman Thomson presided as Chairman.
Following consideration of the items,presented, the Committee of the
Whole arose without reporting.
READ AND ADOPTED,
PRESIDING OFFICER
Council Chambers
September 12, 1977
Council met on Monday, September 12, 1977, at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of His Worship, Mayor Bukator and Aldermen Stewart.
RESOLUTION
No. 99 - CHEESMAN - SCHISLER - RESOLVED that Aldermen S.W. Thomson be appointed
Pres iding Officer for the meeting of September 12th, 1977, in the absence of
His Worship, Mayor George Bukator; AND the Seal of the Corporation be hereto
affixed. Carried Unanimously
Aldermen Orr offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Aldernmn Mann, seconded by Aldermen Orr, that
the minutes of the meeting held on August 29, 1977, be adopted as printed.
Carried Unanimously.
PRESENTAT IONS
ACHIEVEMNT AWARI~
Aldermen Thomson, Pres iding Officer, presented Achievement Awards to
JackieMitchell and Larry Gardner in recognition of their achievements at the
Ontario Games for the Handicapped during June of this year. Miss Mitchell
won gold medals for the 100-metre back stroke, 100-metre free style, 100-metre
breast stroke and 200-metre individual medley. Mr. Gardner won gold medals
for the 100-metre free style~.100-metre breast stroke, 200-metre individual
medley and in volleyball.
UNITED WAY OF NIAGARA FALLS
Mr. P. Carruthers and Mr. G. Bailey of the United Way of Niagara Falls
were granted permiss ion to address Council on the motion of Aldermen Orr,
seconded by Alderman Jaluvka. Mr. Carruthers advised that he and Mr. Bailey
wished to show e slide presentation about the United Way and the various
health, welfare and social service agencies funded by the camps ign. During
the slide presentation, Nr. Be lley provided additional information on the
various agencies associated with the United Way, and tile services they provide.
Alderman Thanson thanked Nr. Carruthers end Mr, Bailey for their presentation,
and wished them luck in the 1977 Campaign on behalf of the City.
LOCAL CHAMBER OF COt, M~RCE
The City Clerk sdvised that the individuals involved in the, presentation
to be.made to City Council V~re~nable to be present, and suggested that the
matter be postponed for several weeks.
ORDERED on the motion of Alderman Mann, seconded by Alderman Orr,
presentation be tabled for two weeks. Carried Unanimously.
UNFINISHED BUSINESS
WATER RESTRICTIONS
that the
r"' - 3 -
time to prepare their comments on the Archer Report. The Alderman also
auggeared that the meeting should be advertised so that members of the public
could be in attendance for the matter.
ORDERED on the motion of Alderman Jaluvka, seconded by Alderman Sobol, that
a special meeting of Council be held on October 3, 1977 st 7:30 p.m. for the
purpose of discussing the contents of the Archer Report, and further that the
report be received and filed. Carried Unanimously.
Report No. 428 - City Manager - ~he report advises that water restrictions i CENTRAL TOURIST AREA
will be terminated effective September 13, 1977.
ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the ~ Report No. 431 - Alderman S.W. Thomson - The report recommends that Council
report be received and filed. Carried Unanimously. ~ authorize the preparation of the necessary by-laws to smend existing zoning
i i provisions in tourist-commercial and commercial areas of the City in order
~ to prohibit tents or other temporary structures when used for commerciaI
REGIONAL HEADQUARTERS
i purposes; that the draft amending by-law or by-laws be presented for the
Report No. 429 - His Worship, Mayor Bukstor - The report is submitted to clari£! approval of the special committee and Council; and that the City be asked
the impression which seems to indicate the pro~eet is the Mayor~s proposal to to provide greater enforcement of the provisions of the by-law prohibiting
the Region, when the proposal is a team effort from the citizens, Council and soliciting on City streets or in public places.
staff of theLCity of Niagara Falls. - ..... ! · ' TM ' ! "TM · ORDERED on the motion of Alderman Sobol, seconded by ALderman Fera, Chat the
report be received and adopted. Carried Unanimously.
Alderman Sobol stated that while she was in fsvour of the location of
Regional Headquarters in the City, she was opposed to a change in the urban SCHOOL ALARM SYSTE~
boundaries that would permit development on prime agricultural land to the
north of the proposed site. Report No. 432 - City Hansget - The report provides information from the Niagara
ORDERED on the motion of Alderman Cheesmen, seconded by Alderman Crows, that South Bosrd of Education regarding school alarm systems.
the report be received and filed. Carried Unanimously. ~ AND
Communication No. 117 - Niagara South Board of Edncation - The communication
MOTORIZED VEHICLES ON CITY PARKS ~ provides an interim report regarding school alarm systems.
Report No. 407 - City Manager - The report provides information on the efforts ; Alderman Sobol advised that she had spoken to Mr. Perkins of the,Board,
of City staff and Regional Police to post signs and enforce regulations regarded' and it was her understanding that the fire alarm system proposed would only
motorized vehicles on City Parks. Since the lands in question are owned by ~ be operative after school hours. The Alderman pointed out that the orlginal
Ontsrio Hydro, the City cannot fence the property, and it is suggested that issue had resulted from the fact thet the school alarm systems had been
the condominium owners consider building their own fence. It is recommended disconnected from the Fire Department control system, and a fire had occurred
that Council petition the support of other municipalities in approaching the during school hours with no automatic notification to the Fire Department.
Ministry of Transportation & Communications to provide regulations governing The City Manager explained that it was his understanding the fire alarm system
the licensing of mini-bikes and similar vehicles, which we~td include an age would be~ operational twenty-four hours per day, with the intrusion and heat
restriction and safety regulations. loss alarms operating only after hours. The City Manager further pointed out
that the Board~s report was only an interim report, allowing the Board to
Mr. R. Fenwick, s resident of the condominiom development in the area, ' obtain quotations and granting authority for the necessary expenditure.
wss granted permission to sddress Council on the motion of Alderman Crowe, ORDERED on the motion of Alderman Sobol, seconded by Aldermen Jaluvka, that
seconded by Alderman Fera. Mr. Fenwick thanked Council and staff for having the report be received and filed. Carried Unanimousl>L
signs erected on the property in question, snd advised that this setion has
improved the situation greatly. In referring to By-law 71-57 which restricts PORTAGE ROAD BRID~E OVER THE HYDRO CANAL
the use of motorized vehicles on City parks, Mr. Fenwick advised that the
by-law refers specifically to lands owned by the City a~d designated ss parks, ~ . Report No. 433 - City Manager - The report advises that the Region only intends to
and questioned whether the City could enforce the provisions of the by-law ~ carry out minor repairs to the bridge and that the useful life of the existing
on land leased from Ontario Hydro. Reference was al~o made to a culvert structure may be limited to the date of completion of the Morrison Street Bridge.
crossing the property adJscent to a stone retsining wsll on the condominium ; ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the
lsnds. During the winter months, children toboggan over the wall snd into i report be~recei.ved and filed. Csrrie~ Unanimously.
the cnlvert. Due to the stone and rubble in the cnlvert, Mr. Fenwick
expressed his concern for the safety of the children, and requested thst ~ COI~UNICATIONS
the matter be investigated. The Director of Municipal Works iJ~dic~ted that
No. 118 - Outsrio Municipal Board - Re: Notice of Rearing for Proposed Processed
he would look into the matter.
i Orgenic Residue Recovery Station. The notice advises thet the Board sppoints
Aldermen Chessman and Crnwe reiterated the point made earlier that the ] Monday, October 3, 1977 st 11:00 s.m. at the City Hall for the hearing of all
City wss not in a position to erect a fence on the Rydro lands. With reapect ~ parties interested in supporting or opposing the Region~s appeal.
to the recommendstion in the report to petition the Ministry of Trsnsportati0n i ·
and Communications t~.provide ~egulationa,on the licensing of mini-bikes ; In response to s question rsised by Alderman Schisler, the City Solicitor
sad similar vehicles, including sge restrictions end ssfety regulstions, l advised that an Officisl Plan amendment is necessary to permit the closing of
Alderman Thomson advised that an appropriate resolution would be prepared ~-~ an unopened road allowance through the site proposed by the Region. If the
and submitted at a subsequent meeting for Council~s considerat.ion. ' ! amendment were to be approved, the Region would still have to apply to the
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera~ that ~ City for the road closing. The City Solicitor further advised that the City
~ was still officially opposing the Region's proposal.
the report be received and filed. ·Carried Unanimously.
~ ORDERED on the motion of Alderman Fern, seconded by Alderman Dilts, that Cite
~REPARAT,TON! OF BRIEF ON ARCHER REPORT '~ c~snunication be received and filed. Carried Unanimously.
with
Report No. 430 = His Worship, l~yor Bukator The report reconmaends that No. 119 Greater Niagara Baseball Association - Re: Niagara Falls Night
discn~
special maetia~ of Co,,ncil be held on September 19, 1977 at 7:30 p,m, to the Blue Jays. The communication expresses appreciation to the Recreation
~hose t~em~ to be included in the City*$ presentation to the Treasurer of Ont~ Commission for the organizing and handling ef the details for the event.
relative to the contents of the Archer Report. ORDERED on the motion of Alderman Jaluvka, seconded by Alderman Fera, that
the communication be received and filed, Carried Unanimously.
Aldarm~n Cre~a $tstad that ~ith amstter of such importance grester notii
than one ~eek $hoBld be ~!ven in o~.e~ l~o 'sll~ members nf Sounell sufficient .....
REPORTS
No. 434 - Recreation Commission - Re: Winratio Funds for the Queen's Silver
Jubilee 1977. The Canmission recommends that Council endorse a series of free
concerts sponsored by the Niagara Strings and the Coronation Ball hosted by
the Senior Citizens as the official Queen's Jubilee celebration in Niagara
Falls.
ORDERED on the motion of Alderman Orr, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 435 - City Manager - Re: Disposal of Used Equipment. The report recommends
acceptance of the offers from R. Wilson and T. Shapton for the sale of used
equipment.
ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 436 - City Manager - Re: Residential Rubbish Collection, Pall Campaign.
The report recommends that the fall campaign be carried out between October 10
and 21, 1977 and advertised in the local news media. It is further recommended
that the services of the Ability Centre in Welland be advertised in conjunction
with the rubbish collection dates.
ORDERED on the motion of Alderma~ Schisler, seconded by Alderman Fern, that the
report be received and adopted. Carried Unanimously.
No. 437 - City Manager - Re: Supplementary Subsidy on Winter Maintenance Cost.
The report provides information on subs idles granted by the Ministry of
Transportation & Communications for winter maintenance.
ORDERED on the motion of Alderman Chessman, seconded by Aldermen Schisler, that
the report be received and filed. Carried Unanimously.
No. 438 - City Manager - Re: Ontario Housing Corporation and Agreements for
Senior Citizen Units on Buckley Avenue and Family Housing Units on McLeod Road.
The report recommends passage of a by-law to authorize agreements between the
City and Ontario Housing Corporation for the operation of senior citizen units
on Buckley Avenue and family housing units on MaLeod Road.
ORDERED on the motion of Alderman Mann, seconded by Alderman 0rr, that the
report be received and adopted. Carried Unanimously.
See By-law No.
No. 439 - City Manager - Re: Driveway Depressions. The report recommends the
following amendment in policy respecting driveway depressions: '~ maximum
width of a single residential drivewsy to be 12' and a maximum double resident~l
driveway to be 24'. This would entail 12' wide and 24' wide curb depressions
respectively."
ORDERED on the motion of Aldermen Chessman, seconded by Alderman Dilts, that
the report be received end adopted. Carried Unanimously.
No. 440 - City Manager - Re: Portsge Heights Subdivision~on Portage Road. The
report recommends that Lot 1 of the proposed subdivision be excluded from any
charges for services.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Jaluvka, that
the report be received and adopted. Carried Unen[mously.
{OTE: Alderman Mann was absent when the vote was taken on this matter,
No. 441 - City Manager - Re: Proposed Plan of Subdivision, Ten Partners Day.
Drummond Park Villsge. The report recommends approval of a revision to Conditl
No. 24 of the Minister on draft plan approval of the proposed plan, and that
Ministry of Housing be asked to approve the change.
ORDERED on the motion of Alderman Fare, seconded by Alderman Sobol, that the
report be received and adopted. Carried Unanimously.
NOTE :. Alderman Mann was absent when the vote was taken on this. matter.
No. 442 City Manager Re: Exchange of Lands, Block "A", Registered Plan M-52
and Lot 22, Registered PIss 241. The report recommends approval of an exchan~e.;
of lands requested by the owner of Lot 22, Plan 241, subject to the approval
the Ministry of Housing, and the cost of preparation of s reference plan and
necessary deeds being shared equally between the City and Mr. Cronin.
ORDERED on the motion of Aldermsn Sobol~ secOnded.by Alderman Fern, that the
~eport be received and adopted. Carried Unanimously.
NOTE: Alderman Mann was absent when the vote was taken on this matter.
..... 8f , be charged to offset the cost incurred by the City
5
in processing letters of clearance on subdivision agreements, progress on the
installation of municipal services, unregistered easements, work orders, contracts
and any other agreements.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Crowe, that
the report be received and adopted. Carried UnanimoUsly.
NOTE: Alderman Mann was absent when the vote was taken on this matter.
No. 444 - City Manager - Re: Sale of Lot 7, Plan 243, Falls Industrial Park.
The report recommends that the sale of Lot 7 from Renze Pier Poortinga to
Jaapo Limited be approved by the municipality subject to confirmation from
the new owner that he will complete two outstanding conditions on the previous
sale prior to October 30th, 1977.
ORDERED on the motion of Alderman Crows, seconded by Alderman Jsluvka, that the
report be received and adopted. Carried Unanimously.
NOTE: Alderman Mann was absent when the vote was taken on this matter.
No. 445 - City Manager - Re: Sale of Lots 10 and 11, Falls Industrial Park.
The report recommends passage of a by-law to authorize an agreement with Marine
Wonderland & Animal Perk Limited providing for the City*s consent of the sale
of Lots 10 and 11 in the Falls Industrial Park from Stamford Credit Union Limited
to Marine Wonderland & Animal Park Limited subject to conditions set out in
Report No. 400.
ORDERED on the motion of Alderman Crows, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
See By-law No. 77-195
NOTE: Alderman Mann was absent when the vote was taken
i=on this matter.
No. 446 - City Manager - Re: Lots 47, 48 and 25 in the Falls Industrial Park -
Exchange of Land with the City and Dourado Properties Inc. The report recommends
that the City Solicitor prepare a by-law authorizing an agreement with Donredo
Properties Inc. for the exchange of Lots 47 and 48 for Lot 25 in the Falls
Industria 1 Park, subject to four conditions.
ORDERED on the motion of Alderman Schis let, seconded by Alderman Jaluvka, that
the report be received and adopted. Carried Unanimously.
NOTE: Alderman Mann was absent when the vote was taken on this matter.
No. 447 - City Manager - Re: Lease of Schoolhouse Lot, Former Township of
Willoughby, now City of Niagara Falls. The report recommends that the Niagara
Parks Commission be asked to renew the lease for the subject property for a
further term of five years, and that the tommiss ion be thanked for making the
facilities available.
ORDERED on the motion of Alderman Orr, seconded by Alderman Schis let, that the
report be received and adopted. Carried Unanimously.
NOTE: Alderman Mann was absent when the vote was taken on this matter.
No. 448 - City Manager - Re: Parking Area Oppos ice Medical Arts Building. The
report advises that the property in question has been leased by the owners of
the MediCal Arts Building from the M.T.C. and the parking area has now been
paved. It is recommended that a copy of the report be sent to the resident
who originally raised concern over the matter.
ORDERED on the motion of Aldermen Crowes seconded by Alderman Fern, that a
copy of the report be forwarded to the individual involved, and the report be
received and filed. Carried Unanimously.
No. 449 - City Manager - Re: Yield Sign on Church's Lane at Whirlpool Road.
The report recommends that the necessary by-law be prepared to allow the
erection of a yi~!d sign on Church's Lane at its intersection with Whirlpool
Road.
ORDERED on the motion of Alderman Mann, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
No. 450 - City Manager - Re: Niagara Falls Flyer's Agreement. The report
recommends that a by-law be prepared to amend the agreement with the Flyer's
Hockey Associstion Limited to provide that prices for game tickets would be
as mutually agreed between the owner and the City Manager and further that
the gate expenses be shared on en equal basis provided that the Flyer's
contribution would not exceed $100.00 for any game.
Alderman Fera advised that he was opposed to the reco~nendation of
increasing the price of admission, particularly since an average of seven
-6-
hundred and fifty persons artended each game last season, and an increase
in the admission fee would not attract more people to the games. Alderman
Sobol stated that she did not agree with the recommendation that the City
Manager and the owner mutually agree upon prices for game tickets, and
felt that such a matter should be discussed openly by Council so that City
residents would be aware of any changes. Alderman Cheesman,.Jaluvka and Orr
made reference to the City's efforts to retain Junior "A" hockey in the
City, and pointed out that by assisting the owner, benefits would also be
realized by the City.
Following further discussion, it was moved by Alderman Schisler, seconded
by Alderman Jaluvka, that the report be received and adopted. The motion
Carried with the following vote:
~YE: Aldermen Chessman, Crowe, Dilts, Jaluvka, MacBain, Orr, and:Schisler.
NAYE: Aldermen Fete, Mann and Sobol.
No. 451 - City Manager - Re: Finance Department Improvements. The report
requests 'approval of Council to proceed with various renovations to the
Finance Department office, including the Personnel and purchasing Offices
using the "Turnkey" or staged method.
ORDERED on the motion of Alderman Mann, seconded by Alderman Crows, that the
report be received and adopted. Carried Unanimously.
No. 452 - Loan Review Committee - Re: Applications for Assistance. The report
reconnends approval of four applications for assistance under the Ontario Home
Renewal and Ontario Home Renewal (Rental) programs.
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
No. 453 - City Manager - Re: Municipal Accounts. The report recommends payme~
of the municipal accounts.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
PETITION
Communication No. 120 - Residents of Timothy Crescent - ~ residents of
Timothy Crescent request that asphalt pavement be placed on Timothy Crescent
in a manner similar to the asphalt placed in 1977 on Maureen Crescent.
In response to a question raised by Alderman Schisler, the Director of
Municipal Works explained that the type of asphalt pavement requested is the
type of work done uaing current budget funds, and is not considered to be a
Local Improvement. It was further explained that pavement of Timothy Crescent'
would tie in with subdivision development in the area.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Crows, that
the petition be referred to the 1978 Current Budget. Carried Unanimously.
RESOLUTION
No. 100 MANN ORB RESOLVED that a massage of condolence be conveyed to
the family of the late Mr. Sam Bukator, brother of His Worship, Mayor Bukst0L~
and a respectdd resident of the connunity;:ANDthe Seal of t~e~orporation
be hereto affixed. Carried Unanimous~
BY-LAWS
ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that leave
be granted to introduce the following by-laws, and the by-laws ,be reed a firs~
time:
No. 77-194 - A By-low to authorize agreements with Ontario ROusing Corporati0~f
respecting 200 senior citizen housing units on Bucklay Avenue
27 family housing units on McLeod Road.
No. 77-195 - A By-law to authorize the execution of an agreement respectin$
the sale by Stamford Credit Union Limitedof Lots 10 and 11
Falls Industrial Park.
.No. 77-196 - A By-law to authorize the acquisition of land for highway purp~
(Patma~ Avenuo Extension)
Me. 77-197 -~ By=law to:euthoriae an air~e~ont .with E.8. Fox Limited.
F- 7 -
No. 77-198 - A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the
former Township of Stamford, now in the City of Niagara Falls, as
amended. (Sunnyside Subdivision)
No. 77-199 - A By-law to provide monies for general purposes.
Carried with Alderman
Crowe abstaininK on
and all others voting
in favour.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobol, that the
following by-laws be now read a second and third time:
No. 77-194 - A By-law to authorize agreements with Ontario Housing Corporation
respecting 200 senior citizen housing units on Buckley Avenue and
27 family housing units on McLeod Road.
No. 77-195 - A By-law to authorize the execution of an agreement respecting the
sale by Stamford Credit Union Limited of Lots 10 and 11 in the
Falls Industrial Park.
No. 77-196 - A By-law to authorize the acquisition of land for highway purposes.
(Palmar AvenuedExtension)
No. 77-197 - A By-law to authorize an agreement with E.S. Fox Limited.
No. 77-198 - A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the
former Township of Stamford, now in the City of Niagara Falls, as
amended. (Sunnyside Subdivision)
No. 77-199 - A By-law to provide monies for general purposes.
Carried with Aldermen
Crowe abstaining on
and all others voting
in favour.
NEW BUSI~SS
RATIFICATION OF CO~IITTEE OF T}~WHOLE DECISION
It was moved by Alderman Mann, seconded by Alderman Orr, that Council
approve the installation of a 12" diameter watermain on Falls Avenue from the
existing watermain in Queen Victoria Park to the existing 12" diameter water-
main on Falls Avenue, that the monies for this instsllation be obtained from
funds received under By-law 73-267 and that the work be awarded on the has is
of the low price received from contractors invited to bid on the work. Carried
Unanimously. --
CANADIAN CUSTOM]
Alderman Crows referred to recent press coverage of alleged excesses by
local tourist operators, and stated that he was exposed to a situation that
caused him to become very aware of the excesses and conduct of an authority
which affects the tourist industry and attitude of persons visiting this
Country. Returning vie the Peace Bridge' from a trip in the United States,
the Alderman had found the conduct of the Customs' official to be degrading,
insulting end excessive. The Alderman had declared the items he was
importing, and after asking two questions, the Customs official opened the
Aldermanes luggage end stated there was a $5.00 charge for importing items
into Canada .in excess of the allowable limit. When the Alderman asked for
an explanation, he was flung 8 Customs manual and told to read same. No
inquiries were made by the official reSarding name, citizenship or purpose
of trip. A blank form was then given to the Aldermen and he was instructed
to sign the form if he wished to enter Canada. The form included a rate of
duty and amount of penalty, but no description or explanation was provided.
When further information was requested by the Alderman, the official again
instructed the Alderman to sign the form if he wished to enter Canada.
Alderman Crows advised that he asked the official for his name, which was
refused. ,The Aiderun also asked for a pencil and paper and was a~ain refused.
The .official'S, badge number however, was obtained. The Alderman stated that
F
°8-
he intendedto personally lodge a complaint with Ottawa, but expressed his
concern that this type of abuse could be directed towards tourists entering
Canada and this City. While it might be an isolated case, the Alderman stated
that such abuse occurs when it should not, and there should be some easily
accessible avenue to rectify such conduct when it does occur. Alderman MacBain
stated that from his experience, it is more pleasant for a Canadian to enter
the United States than it is for a Canadian to return to Canada. Reference
was made to the millions of dollars spent by the Federal Government in
advertising Canada in the United States, while at the same time, American
visitors are subjected to such treatment from Federal Customs officials. The
Alderman felt the matter was serious enough that a meeting should be requested
with the appropriate Federal Minister to discuss the problem. Alderman Fera
stated that he did not doubt such an incident occurred, but pointed out that
not all Customs officials act in this manner. Aldermen Orr advised that he
had returned with Aldermen Crowe on the same trip, and confirmed that the
conduct of. the official, was~deplorabAe and~personalty~.degradlng,..:
Following further comment, it was moved by Aldermen Crowe, seconded by
Alderman MacRain, that Mr. Roger Young, M.P. be requested to arrange a meeting
with the appropriate Federal Minister in order to discuss the problem. ~.Cprriej
Unanimously.
PARKING IN QUEEN VICTORIA PARK
Alderman Sobol advised that she had received a letter from a resident of
St. Catharines who had brought friends to Queen,Vic~o~ia Park to view the Falls,
In order to park in the area opposite the Falls, the resident had been charged
$1.75, and was ~ow. requestingdeemS ]ustification~for~such an exorbitant parking
fee. Alderman Thomson explained that most areas in the Park have free parking,
however the use of fees was to assist in recovering costs involved in ~
construct=
the new parking lots. it was suggested that the Niagara Parks tomlesion be
requested to supply an explanation of the fees charged. It was moved by Alder
Sobol, seconded By Alderman theeamen, that the Niagara Parks Commission be '
requested to provide an explanation of the parking fees charged at the parking
area opposite the Falls, The motion Carried with Alderman Mann voti~gccontrary,.
and all others in favour. '
COMPLAINT PROCEDURE
Alderman Cheesman referred to recent press coverage of overcharging and
inadequate service a tourist experienced at a lucal tourist establishment, as
well as the difficulties Alderman Crowe had experienced in clearing Canadian
Customs. The Aldermen suggested that there should be some system or procedure
that could be followed by a tourist in the event such an incident should occur,
possibly by postin8 of a notice with a telephone number to call for assistance,
Alderman Sobol referred to the Special Committee established to study and
make reco~Eaendetiona on the central tourist areas, and suggested that this
matter could be core idered by that Committee. TheeCite--Clerk adv~sed-~that
when a mot.el licence ~s -issnad,~h,,cert.ifioate is supplied fgr~ach;-room which
indicstes Chart,complaints caw. be reS~stered, at. C~ty Hall.. The Clerk suggested
that. th{s ~ method could be expanded= upon. ,; r It was' moved~by. Alderms n~ Sobol,
seconded by Alderman Cheesman, that the matter be '~ferred to th~ Central
Tourist Area Committee for consideration. Carried UnanimouSly/
PARKING OF CITY VEHICLES ON HURON STREET
Alderman Orr advised that he had received complaints from visitors to
his office regarding the .parking of City vehicles on Huron Street at metered
spaces for long period~ of time. The vehicles do not put money in the meters,
and are parked in these spaces for hours at a time. The Aldermen explained
that he had received complaints from parsons who returned to their cars and
had been issued parking tsgs for exceedin~ the time on the meter-by severe1
· minutes, while the City vehicles parked indetinitely free of charge. The
City Manager indicated that he would investigate the matter.
WATER DISTRIBUTION
Alderman Thomson made reference to a recent c~ent of the Director of
~nSineerin8 for the ReRionel Municipality of Niagara, to the effect that the
Region could supply the City with all the water necessary, however the City*s
water distribution system could not handle the flow. The Alderman suggested
:that this point be t~lude4 in ~.etCityMenagerss report on the City water
distribution System. ,
- 9-
PAYMENT OF TAXES BY CHEQUE
Alderman Thomson advised that he had received a telephone call from
a resident regarding payment of a tax bill. Apparently it had taken one
month from the date the cheque was paid to the City, for the amount to be
deducted from the resident's bank account. In view of the high interest
charges paid by the City to borrow funds Until most taxes are paid, the
resident had felt the City should process their cheques much sooner. The
City Treasurer advised that at tax time, the volume of mail is very heavy,
and involves pulling of each individual ledger card for posting of payment.
The Treasurer further advised that this process would be speeded up once
the computer system had been updated.
FIRE hYDRANTS
Aldermen Thomson advised that he had received a copy of an article
regarding the ~ecorat~ve painting of fire hydrants, along with a suggestion
that fire hydrants in the tourist areas of the City be decorated in such a
manner to make the area more attractive to the public. The Alderman
suggested that the matter could be considered prior to the next tourist
season.
It was moved by Alderman Schisler, seconded by Alderman Orr, that the
meeting adjourn.
READ AND ADOPTED,
THIRTY-FIFTH MEETING
REGULAR MEETING
Council Chambers
September 26, 1977
Council met on Monday, September 26, 1977 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present. His Worship,
Mayor George Bukator presided as Chairman. Alderman Mann offered the Opening
Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman,
that the minutes of the meeting held on September 12, 1977, be adopted as
printed. Carried Unanimously.
DEPUTATION
MAPLE LEAF VILLAGE AND TRAMWAY PROJECT
Communication No. 120 - Mr. J. Broderick - The communication requests time
to appear before Council to present.all available information on the Tramway.
ME. J. Broderick, solicitor for York-Mannover Developments Ltd., was
granted permission to address Council on the motion of Alderman Thomson,
seconded by Alderman Fern. Mr. Broderick advised that his purpose in appearing
before Council was to make all information presently available with r@spect
to the tramway proposal known to Council. Some of the main concerns that
have developed as the matter has progressed were the visual impact of the
proposal on the environment and the economic impact of the tramway on the
community. FAr. Broderick advised that Mr. G. Schwarz of D. Chapman's office,
architect for the project, would comment on the visual impact of the tramway
on the gorge, while Mr. D. Stewart of Economic Research Associates whose firm
carries out economic studies for projects involving mass attendance, would
comment on the economic impact of the proposal.
Far. Schwarz explained that two cable cars would shuttle back and forth
simultaneously. Each car would have a capacity of one hundred and forty
persons and the travellin~ speed will be fourteen hundred feet per minute.
There will be a drive station on the Canadian side, a tension station on the
American side and two pylons, one located on the American side, with the
former Oneida Tower serving as the pylon on the Canadian side. The two
car system will minimize movement across the gorge and will be different from
the gondola type system which uses twenty to thirty cars. Photographs
depicting the size of the cable car in relationship to the Rainbow Bridge
and the Falls taken at distances ranging from thirty-seven hundred feet to
nine hundred feet, were displayed. Mr. Schwarz stated that great. care. would
be taken in the des ign of the system to fit in with the environment, end
in his opinion, he felt no visual pollution Would result from the tramway.
Mr~ D. Stewart advised Council that his firm's head offices are located
in Los Angeles, California, with five other offices in the United States.
Economic Research Associates specialize in recreational economics, and got
into the field twenty years ago with Disney being the pr4m-ry client.
Mr. Stewart explained that his firm had done a number of studies and had acted
as consultants for firms on conveyance related recreational facilities such
as tramways and rail trams im theme parks. The basic approach to such a
study involves a market support analysis which includes the local market
within a radius of eighty miles taking time and distance into account,
along with the tourist market in the area. Mr. Stewart quoted a number of
statistics from the report relating to primary and secondary markets in the
City. Statistics were also provided on the market that would become available
as a result of the tramway connection to the new convention centre in Niagara
Falls, New York. One 6f the points cons idared during the study was how the
tramway would extend the seasonality of the area by offering visitors more
reason to come on a year round basis. As far as the tramway's effect on
local attractions, Mr. Stewart felt the tramway did not compete with any
other existing attraction, and in fact, would extend the season for the other
attractions and bus thesees in the community. Of the via itors to the area,
approximately 751 are one day or less visitors, and }~. Stewart felt added
commercial'recreation attractions were not only warranted, but necessary to
increase the length of stay.
-2-
Mr. Bredcrick stated that york-Hannover is trying to provide a
recreational facility in the City with an interuational flavour in the form
of the tramway, that will in design and concept compete on an international
scale in the worldts market. Since the initial presentation of the tramway
proposal, approval has been obtaiued from Canadian Immigration subject to the
provision of proper facilities for iu~nigration and customs clearance.
Mr. Bredcrick stated that he had visited Ottawa and had gone through the
various pieces of legislation that may have an impact on the project and after
reviewing, no insurmountable problems had been found. In summary, it was
pointed out that the tramway would be for the transportation of people, is
pollution free and will add to the enjoyment of the Falls. Many people will
visit the City Just to ride the cable car. Mr. Bredcrick stated that the
tramway is an acceptable man-made system of transportation that will provide
the City with the potential to extend the tourist season and convention
business. On behalf of york-Hannover Developments, Nr. Bredcrick asked for
Councilfs approval of the project, so that the firm could proceed in seeking
approvals from other governmental bodies.
His Worship, Mayor Bukator advised that he had favoured the project
from its initial presentation, however pointed out that the existing business
operators in the City must also be taken into consideration. They are
concerned on the possible effects the tramway may have on their businesses.
The Mayor suggested that a dea~aion on approval of the tramway be deferred
for two weeks, and that interested groups br individuals be given an
opportunity to covenant on the proposal.
It was moved by Alderman MacBai~, seconded by Alderman ~homson, that
ithe matter be tabled for two weeks, and that any interested groups or
individuals be given an opportunity to comment on the proposal at that time.
Carried Unanimously.
It was moved by Alderman MacBain, seconded by Alderman Chessman, that
the petitions be brought forward for consideration at this time. Carrie=.____~d
Unanimous ly.
Conmunication No. 121 - Residents of Rolling Acres Subdivision - The petition
requests replacement of sewers in the area which have been ineffective in
.preventing flooding of homes.
AND
Co~munication No. 122 - Residents of Ker Park Subdivision - The petition requ~
the City to take action in alleviating a basement flooding problem.
Mr. G. Dodd of the Rolling Acres Extension Subdivision advised that during
the last two or three weeks, he has had water in his basement two to three feet
deep during rainstorms. Mr. Dodd felt that residents in the area were gettinS
a "fast shuffle" from municipal departments, and that they were entitled to
know where they stood. The basement flooding is costing many people a great
deal of money from ruined rugs and damage to finished rooms, and every time it
rains, more is lost.
F~rs. A. Deeyes of the Rolling Acres S.ubdivision stated that she had lived
in the subdivision for eighteen years and the basements ~ad always flooded.
Mrs. Deeyes pointed out the electrical and health hazards caused by basement
flooding, particularly as they relate to electrical appliances standing in
and the risk of children ~allin~ in the water which contains raw sewage.
Mr. J. Durante of the Ker Park Subdivision advisgd that residents in his
subdivision have been havin~ problems for a year and a half. In checking with
a City Hall office, residents had been told one thing by that department, and
another thing when a call was placed later. In some of the basements, spaghe~I
shells, faces and worms had been found and furnaces had gone out. In this
.part of the subdivision, there are storm sewers, however the older 'section
does not have storm sewers and the water drains to the ~awer section which is
lower in elevation. ~hen the homes were built, the contractor had been assar~
the sewers could accommodate the storm water. At that time hack water valves
~ould have been instslled at a cns~ of $50 or $80, but now the cost is between
~$270 and $300. Mr. Durante referred to cave-ins chat had occurred on Vine
Street, and asked if the sewer could have been blocked as a result.
His ~orahip, Mayor Buhator explained that the City has e program to
separate storm and sanitary sewers,~. and that over $600,000 has been placed
-3 -
in the Capital Budget for such work. The Mayor advised that the City is
aware of the problem and is working to eliminate it through the separation
of sewers. The Director of Municipal Works advised that some of the
problems experienced with flooding do not necessarily relate to the
problem of combined sewers. During the last severa 1 weeks, City employees
have been in these areas checking back yards and roof water leaders. Rain
water is getting into the sanitary sewer system, and it was felt that
infiltration could not be that extreme. It was explained that storm water
does get into the sanitary sewer system in various ways, i.e. from roof
water leaders draining into weeping tile around homes, which are connected
to the sanitary sewer; from drains in sunken entrances such as a back door
leading into a lower elevation or from window wells both of which find their
way into the sanitary sewer system; and also from the drains in depressed
garages which are connected to the sanitary sewer system. Smoke tests are
being carried out to determine if the drains in flooded areas are connected
to the system. Existing legislation does not prohibit roof water leads going
into the ground, however a new sewer by-law still in preparation will prohibit
this practice. The Director of Municipal Works suggested as a fast solution
to the problem, the installation of back water valves. The most effective
method of installing the valves is directly into the sewer line with a lead
down located in the front yard that will facilitate periodic clearing of
blockages. The other method of installation is inside the building which
is not as !effective and could cause problems with a build-up of pressure
under the house foundation. It was also suggested that any home owners with
roof water leaders going directly into the ground should immediately take
the lead out of the ground and have the water drain away from the house.
The Director of Municipal Works aak~owledged that storm sewers were necessary
in the Vine gtreet/Coholan Street area. A storm sewer will be constructed
on Vine Street under the Local Improvement Program, however a proposed storm
sewer on Coholan Street was turned down by the area residents upstrea~ who
did not experience basement flooding. In his opinion, the Director of
Municipal Works felt the Coholsn Street sewer should be carried out under
the City's programme.
In response to questions from area residents, Alderman Thomson stated
that there was definitely a health hazard involved in having raw sewage and
human waste hack up into a basement. In response to a question by Alderman
Orr, Dr. J. Harrigan explained that the organisms present in raw sewage are
bacteria and viruses both innocent and disease causing. Entry into the body
is usually through the gastro-intestinal tract, i.e. the mouth. If there is
danger of exposure, an individual should carefully wash his hands and anything
else contaminated. The Doctor stated that children should~not be permitted
to play with pets kept in the basement or be allowed to play in the basement.
It is not likely that the water supply would be contaminated. The greatest
danger of contamination is through exposure of hands, clothing or pets. As
far as remedial steps to be taken following a sewer back-up, Aldernmn Thomson
advised that the Health Unit can supply brochures which provide information
on the clean-up and disinfecting of basements.
Aldermen Crows felt that an investigation should be undertaken and a
report prepared outlining the causes of the problem, and what steps can be
taken to initiate remedial action. Alderman err expressed his concern over
the financial losses the residents had suffered as a result of the basement
flooding, and asked what action the City would take in that re~ard. The
Deputy City Solicitor stated that all claims should be directed to the
City*s insurance company whose responsibility it is to determine any
liability for,ldam~ges suffered,
Alderman HacBain explained that there will be no easy solution to the
problem. The matter will be investigated, and once the problem is determined
and a solution founds the City would stick with it until the remedy can be
affected.
Following further discussion, it was moved by Alderman Crows, seconded
by Alderman NacBain, that the petitions be tabled for two weeks, and further
that a report be available for the next meeting of Council outlining the
reasons for the flooding problems, the method to resolve the problem, the
timin~ faceor involved in initiating steps to resolve the problem and the
procedure to be followed, the possibility of moving the matter up tea
priority status in 1978 if the budget allows, and the advantages and
disedvanta8es of including in all building requirements, the installation of
back water valves in houses. Carried Unanimously.
-4-
UNFINISHED BUSINESS
AMENDMENTS TO THE PUBLIC UTILITIES ACT
Report No. 454 - City Manager - The report provides additional information on
suggested amendments to the Public Utilities Act, and it is recommended that
the resolution of the Association of Municipal Electrical Utilities be endorsed.
ORDERED on the motion of Alderman Mann, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
NOTE: Alderman Crowe was absent when the vote was taken on this matter.
OBJECTION TO ZONING AMENDMENT BY-lAW 77-175
Report No. 455 - Deputy City Clerk - The report advises that as a result of
circulating the rezoning by-law, two letters of objection have been received.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that
the report be received and filed, and the letters of objection be referred
to the Ontario Municipal Board. Carried Unanimously.
NOTE: Alderman Crows was absent when the vote was taken on this matter.
NORTHWEST COMMUNITY PlAN - STATUS REPORT ON PIANNING AND SERVICING PROGRAMME
Report No. 456 - City Manager - The report recommends that Council indicate its
.continued support of the proposed4development of the northwest community and
that it will continue to do all in its power to facilitate the future develop~
:of this part of the City subject to the availability of funds and subsequent
construction of required services, etc. It is further recommended that a copy
of the report be forwarded to the Ontario Housing Action Programme Divis ion
of the Ministry of Housing for information when considering the allocation o£
monies to be used in accelerating the provision of services and housing for the
northwest part of the City.
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that
the report be received and adoptdd. Carried Unanimously.
See Resolution No.
NOTE: Alderman Crowe was absent when the vote was taken on this matter.
MOTORIEED VEHICLES ON CITY PARKS
-Report No. 457 - City Manager - The report provides a suggested resolution
requesting the M.T.C. to provide regulations covering the licensing of
mini-bikes .for the consideration of Council.
ORDERED on the motion of Alderman Th~son, seconded by Alderman Pete, that
the report be received and filed, and the resolution ad~ted and circulated
to other Ontario Municipalities. Carried Unanimously.
See Resolution N0.
NOTE: Alderman Crowe was absent when the vote was taken on this matter.
SALE OF LOT 41 - FALLS INDUSTRIAL PARK
'-
Report No. 458 - City Manager - The report reco~nds approval on the sale of
Lot 41 toM arias Wonderland and Animal='Perk Limited for the sum of $27,830 (st
the rate of $11,000 per acre) with construction of a minimum sized building
of 12,000 square feet to commence within two yeats of the date of purchase
snsc sc t
ORDERED on the motion of Alderman Mann, seconded by Alderman gobel, that the
report be received and adopted. Carried Unanimously.
NOTE: Alderman Crows was absent when the vote was taken on th~s matter.
· CO~R4V~ICATIONS.
~o. 123 - Regional Municipality of Niagara - Re: Resource Recovery Development
Committee. The c~m~unication advises of the establishment of · Resource
J~ecovery Development C~ittee and requests the appointment of a member of
*City Council to serve as the City~s representative on the Co~nittee.
O!tDERED on the motion of Aldermen Thomson, seconded by Aldermen Fera,*that the
communication be received and ~l-led, and= Alderman Sobel, be appointed to the
Committee. Carried uunimoully. '
- 5 -
No. 124 - Mr. J. Calabrese - Re: Request for Permission to Sell Grapes on
City Property. The communication requests Council's permission to sell
California grapes on City property (former Kitebauer Street school yard) for
five weeks.
Alderman Mann stated that he was not in agreement with the sale of goods
on municipal property, and felt that approval of this request would result in
the City receiving numerous requests of a similar nature. Alderman Crowe
felt the City should assess a fee for the use of the property for a connnercial
venture. Alderman Cheesman pointed out that the request was to sell California
grapes, and stated that Council should be promoting the sale of local grapes.
Alderman Fern stated that the sale of the grapes would be on a temporary basis
and pointed out that California grapes can be purchased in the United States
and transported into Canada without duty. Sale of the grapes in the City
would make it more convenient for those who usually. purchase their grapes
in the United States, by enabling people to buy the grapes locally.
Following further comment, it was moved by Alderman Thomson, seconded by
Alderman Fern, that the request be approved. The motion Carried with the following
vote:
AYE: Aldermen Fern, Jaluvka, MacBain, Orr, Schisler, Sobol, Stewart and Thomson.
NAYE: Aldermen Chessman, Crowe, Dilts and Mann.
No. 125 - Regional Municipality of Niagara - Re: Review of Ministry of Environment
Cons tructton ProJectsG The connnunication advises that the Region has received
formal notification from the Ministry of the Environment that all Ministry pro-
Jects are presently under review and it is not proposed to proceed with any
tender calls until the review is complete.
Regional Councillor Mitchelson advised that Regional Council had been
concerned over the Province's announcement, and the resulting delay in calling
for tenders for the Niagara Falls pollution control plant. The Regional
Chairman and Director of Engineering had met with the Deputy Minister of the
Environment, and assurance had been received that the review would not delay
expansion of the plant, and that a tender call would proceed shortly.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that
the conmunication be received and filed. Carried Unanimously.
No. 126 - Niagara South Board of Education - Re: Influence of Excessive
Violence and Pornography on Children. The uommunication is written at the
direction of the Niagara South Board of Education to express its growing
concern regarding an apparent increase in excessive violence and pornography
and the influence that may be imparted on young children during formative years.
ORDERED on the motion of Alderman Jaluvka, seconded by Alderman err, that the
report be received and adopted. Carried Unanimously.
REPORTS
No. 459 - Planning & Development Committee - Re: AM-13/77, J. Lupis, West Side
of Buchanan Avenue. The report recommends approval of the application subject
to development control, and further that Council certify by resolution that the
application conforms to Official Plan Amendment No. 28 of the Niagara Falls
Plannin~ Area as emerged and spproved by the Minister of Housing.
ORDERED on the motion of Alderman Sobel, seconded by Alderman Fern, that the
report be received and adopted., Carried Unanimously.
See Resolution No. 103
See By-law No. 77-200
No. 460 - Planning & Development Committee - Re: AM-20/77, S. Beilich, West
Side of Clark Avenue. The report recommends approval of the appltcat ion subject
to development control, and further that Council certify by resolution that the
application conform to Official Plan Amendment No. 28 of the Niagara Falls
Planning Ares as amended and approved by the Minister of Housing.
ORDERED on'the motion of Alderman Thomson, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously. ~.
NOTE: Alderman Crows ~la~d a confile~ of in~eres~, s'ee ~eeOl~0n N0.104
*e~4 abstained frem ~oting on this matter. See By-law No. '77-201
No. 461 - City Manager - Re: Revision'to Official Plan Amendment No. 89 (AM-26/77,
Ministry of Housing application for senior citizen housing, Fortage Road). The
report recommends that Amendment No. 89 ,.', i .,
specifically to the proposed senior citizen apartment building in the Portage
Green Subdivision and not adjacent to commercisl shopping areas throughout the
City.
ORDERED on the motion of Aldermen Mann, seconded by Alderman Stewart, that the
report be received and adopted. Carried Unanimously.
_ ~.
No. 462 - city Manager - Re: Draft Plan.of Subdivision 26T-74072, '~oretta
Estates". The report recouauends that the City Solicitor be authorized to ame~
the acreage for park land dedication from 6.33 acres to 2.89 in the zoning
by-law to be prepared for the subdivision.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 463 - Recreation Commission - Re: Niagara South Recreation Board Vacancy.
The report advises that Mrs. K. Stewart has resigned from the Niagara South
Recreation Board. It is recon~ended that Mrs. E. Allen be appointed to fill
the vacancy,
ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that Mrs. K,
Stewart's resignation be:~accepted with regret, and that Mrs. E. Alien be
appointed to the Niagara South Recreation Board. Carried Unanimously.
No. 464 - City Manager - Re: Fees for Letters of Compliance and Fire Department
Inspections. The report recommends that a fee of $10.00 be charged for letters
of compliance and $50 for an inspection and enauing~ report to offset costs
incurred by the City.
In response to a question raised by Alderman Crowe, the Fire Chief explai~
that no fee would be charged for a routine inSpect~on.~. The fee,would be charget
in sitnations where a prdpertyhas changed ownership, and a re-inspection is
required. The Fire Chief felt the $50.00 would be sufficient to recover the
costs incurred by the Fire Department in repeatin~ an inspection.
ORDERED on the motion of Alderman Crows, seconded by Alderman Jaluvka, that
the report be received and adopted. Carried Unanimously.
No. 465 - City Manager - Re: Proposed Closing of Parts of Montrose Road South
of~SchOlfield: Street'and: NOrth of~ theeq.E .W~he report.recommends~passage of
a by-law to authorize the closing and sale of parts of Montrose Road to the
abutting property owner or owners at the rate of $12,000 per acre plns costs
incurred by the City.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fare, that
the report be received and adopted. Carried Unanimously.
See By-law No. 77-~
No. 466 - City Manager - Re: Draexlmaler and Lots 26, 27, 28 and 29, Falls
Industrial Park. The report recommends approval of the sale of the subject
lots by FritslDraexlmaler_jr. to Draexlmaier Estates Ltd. and the leasing
of ~' lots to I~TP Limited, subject to the new owner and lessee entering
into an agreement to observe and comply with the restrictions in the deed datel
June 10th, 1974 from the City to Fritz Draexlmaler Jr.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
~ See By-law No. 7~
NOTE: Alderman Crowe declared a conflict of interest and
abstained from vo~ing on this matter.
No. 467 - City Msnsger- Re: Rental of Snow Removal Equipment. The report
reco~nends that the tenders by Towers Pavin~ and Modern Crane for truck plowsbi
accepted subject to the units bein~ operationsl,na~ailable~and capable of
performing the work when required. It is further rec~u~ended that the tenders
by Modern Crane and Caingulfs Bros. for front end loaders be accepted on the
same conditions, and that any additional ~quipment necessary and available be.
rented at the hourly rates for construction equi~ment approved by Council in
the sprin~ of this year, or at a negotiated price if necessary.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Schis~er, that
the report be received and adopted. Carried Unanimously.
See ~esolution ~
.No. 468 - City Manager - Re: Tender for Trucks for Snow Removal'. The report
recommends acceptance of all tenders with the proviso that the available trucks
needed be rented in order pf their hourly rates per cu. yd. and that the track~
a~e suitable for the loaders en~loyed', the rental trucks to supplemen~ citZ '8
trucks during daytime when the letter are required for other work. '
OP, D~PaD on the motion of'Alderman Thc~son, seconded by Alderman Schis~r, hat
the report be received and adopted, Carried. Unanimously.
" · S~e aeS01&tion_~N0.
~tNo, ~69 - City Mans2ar - Re~ R.C. 23/77~ Finished Road Construction in parkway
Oardens Subdivision, The report racon~en~s.acceptance of the unit prices
' submitted by 8~eed & Evans for ~he subject contrast.
ORDERED on the motion of Alderman Thomson, seconded by Alderan Schisler, thac
';the report be received and ad~pted,
- 7-
No. 470 - City Manager - Re: Revised Development Plan Approval, Proposed
Residence for Mentally Retarded on Kalar Road. The report recommends approval
of the subject development plan as revised.
ORDERED on the motion of Alderman Mann, seconded by Alderman Orr~ that the
report be received and adopted. Carried Unanimously. See By-law No. 77-204
NOTE: Alderman Crowe declared a conflict of interest and abstained from
voting on this matter.
No. 471 - City Manager - Re: Encroachment - 4428 and 4434 Queen Street. The
report recommends approval of the request for an encroachment in accordance
with the policy established for requests of this type, and further that a by-law
authorizing the encroachment, be passed.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the
report be received and adopted. Carried Unanimously.
See By-law No. 77-205
No. 472 - City Manager - Re: Street Lighting Portage Road - Buchanan to McLeod.
The report recom~aends that Niagara Falls Hydro be requested to install street
lighting on Portage Road between Buchanan and McLeod Road.
ORDERED on the motion of Alderman Orr, seconded by Alderman Thomson, that the
report-be received and adopted. Carried Unanimous ly.
No. 473 - City Manager - Re: Syvlia Place Parking Lot. The report recommends
preparation of a by-law to regulate parking on the employee section of the Sylvia
Place parking lot so that the spaces may be leased to employees at the current
annual lease rate.
ORDERED on the motion of Alderman Crows, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 474 - City Manager - Re: Metric Co-ordinator. The report recomnends approval
of the following resolution respecting the hiring of a Metric Co-ordinator: That
subject to the agreement and approval of the area municipalities and Regional
Niagara, the Region hire a Metric Co-ordinstor on a contract basis to be responsible
for the co-ordination of an integrated metric conversion programme within the area
municipalities and Regional Niagara, and that the expenses incurred will be
recovered on a fee basis appropriated according to the needs and time requested
by the area municipalities involved.
ORDERED on the,motion of Alderman Thomson, seconded by Alderman Fera~ that the
report be received and adopted. Carried Unanimously. "
No. 475 - City Manager - Re: Fall Workshop, Ontario Chapter of Municipal Purchasers
Association. The report reccamaends the attendance of the PurchasingAgent at the
subject conference to be held in St. Catharines on October 5, 6 and 7, 1977.
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the
report be received and adopted. Carried Unanimously.
No. 476 - City Manager - Re: Building Permits. The report provides a breakdown
of the permits issued by the Building & Development Department for the month of
August, 1977.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and filed. Carried Unanimously.
No. 477 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that
the r~port be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 101 - MANN - SCHISLER - RESOLVED that the Council of the Corporation of
the City of Niagara Falls continues to support the proposed development of the
Northwest Cons~unity and will continue to do all in its power to facilitate the
future development of this part of the City of Niagara Falls, subject to the
availability of funds and subsequent construction of required services, etc.;
AND BE IT FURTHER RESOLVED that this resolution and a copy of Report No. 456
be forwarded to the Ontario Hous trig Action Progra~ne Divie ion of the Ministry
of Hone in~ for information when considering the allocation of monies to be used
in accelerating the provision of services and hous in~ for the northwest part of
the City; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No, 102 - T!t0MSON - FERA - RESOLVED THAT WHEREAS a mini-bike is not defined as
a motor vehicle; and
Carried UnanimouSly, See Resolution
.
s.::.:- .w ...;
-8-
W~EREAS such vehicle does not require registration plates to identify the
owner; and
WHEREAS the person operating such vehicle is not required to obtain a driver~s
licence or pass a driver's test; and
WHEREAS the operator of such vehicle is not required to wear a safety helmet;
ann
WHEREAS such vehicle is not required to be insured with a liability policy for
the protection of others; and
~HtEKEAS the driver of a mini-bike is not required by law to identify himself
to s Police Officer;
THEREFORE BE IT RESOLVED that the Ministry of Transportation and Communications
be petitioned to define the mini-bike and trail bike as a motorcycle requiring
the driver to be licensed, helmets to be worn by riders and insurance coveraBe
to be carried by the owner. Such change would reduce the probability of
injury to the rider and provide for the protection of other highway users; AND
the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 103 - SOBOL - FERA - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No, 77-200 for the rezoninB
of property located on the west side of Buchanan Avenue, conforms to Official
Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approv~
by the Minister of Housing; At~) the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 104 - THOMSON - FERA - RESOLVED that the Council of the Corporation of the
' ·City of Niagara Falls hereby certifies that By-law No. 77-201 for the rezoning
of property located on the west side of Clark Avenue, conforms to Official
Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and appr~ei
by the Minister of Housing; AND the Seal of the Corporation be hereto affixed,
Carried with Alde~
Crowe ~bstaining 0n
conflict of interes
and all others v0ti
,.,in favour,
No, 105 -
rental of
THOMSON - SCHISLER - RESOLVED that the following tenders for the
snow removal equipment be accepted:
TIUCKSWITH PLOWS
Towers Paving - $39,50 per hr,
Modern Crane - $35,00 per hr,
FRONT END LOADERS
Modern Crane - $25.00 per hr.
Calaguiro Bros. - $38.75 per hr.
; AND the Seal of the Corporation be hereto affixed,
Carried Unanimousli
No, 106
rental of trucks for snow removal be accepted:
- THOMSON - SCHISLER - RESOLVED that the following tenders for the
Warden Construction
Salfi Trucking
J, Baldin
e. E~nite
Jetryes Concrete
Cameron Trucking
Kerrio Limited
· Montgomery Brothers
.- C, & R, Baulage ."
..- · - Caleguiro Brothers '~ .......
Priddle Trucking
Dok~ Truc. ktnS
4.jAND the Seal of the Corporation be hereto affixed.
RATE PER HOUR
1 AXLE 2 AXLE
$16.00
$20,00.
$15.00
$13.50
$16.00 $18.00
$15,50 $20,00
$20.00
$15.00 $18.00
$20.0q
.... .. ~20.00
$18,00
$18.00
Carried
~No. 107 - THOMSON - SCNISLER" RESOLVED that the unit prices submitted by
Steed & Evens Limited for the construction of finished roads in the Parkway
~Gardens Subdivision, be accepted at the tendered price of $61,139.80; AND
~the 8eel ~f the Corporation be herato affixed.
., .~ Carried
F
- 9-
ORDERED on the motion of Aldermen MacBain, seconded by Alderman Stewart,
that leave be granted to introduce the following by-laws, and the by-laws
be read a first time:
No. 77-200 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-13/77)
No, 77-201
No, 77-202
A By;law to amend By-law No. 5335, 1955, as amended. (AM-20/77)
A By-law to stop up and close and to authorize the sale and
conveyance of part of the road allowance for Montrose Road and
part of the abutting highway.
No. 77-203 - A By-law to authorize the execution of an agreement with Steed and
Evans Limited for the construction of roads. (R.C. 23/77)
No. 77-204
No. 77-205
No, 77-206
- A By-law to authorize the execution of an amending development
agreement with Greater Niagara Association for the Mentally
Retarded.
- A By-law to allow the maintaining and using of a building which
encroaches on Queen Street.
- A By-law to authorize .the execution of an agreement amending an
agreement with the Flyer's Hockey Association Limited.
No. 77-207
- 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_
(Church's lane at Whirlpool Road)
No. 77-208 - A By-law respecting Lot No. 7 in the Falls Industrial Park.
No. 77-209 - A By-law respecting Lots 26, 27, 28 and 29 in the Falls Industrial
Park.
No. 77-210 - A By-law to provide monies for general purposes.
· Carried with Alderman Crowe abstaining on a conflict of interest on By-laws
77-201, 77-204 and 77-209; Aldermen Fern, Mann and Sobol voting contrary
on By-law 77-206, and all others voting in favour.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the following by-laws be now read a second and third time:
No. 77-200 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-13/77)
No. 77-201 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-20/77)
No, 77-202
No. 77-203
- A By-law to stop-up and close and to authorize the sale and conveyance
of part of the road allowance for Montrose Road and part of the
abutting highway.
.- A By-law to authorize the execution of an agreement with Steed and
Evans Limited for the construction of roads. {R.C. 23/77)
No, 77-204
No, 77-205
- A By-law to authorize the execution of an amending development
agreement with Greater Niagara Association for the Mentally Retarded,
- A By-law to allow the maintaining and using of a building which
encroaches on Queen Street,
No. 77-206 - A By-law to authorize the execution of an agreement amendinS an
"" "~ . agreement with the Flyeras Hockey Association.L~nited.
No, 77-207
No. 77-208
No. 77-209
- 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.
(Churchss lane at Whirlpool Road)
- A By-law respecting Lot No. 7 in the Falls Industrial Park.
- A By-law respecting Lots 26, 27, 28 and 29 in the Falls Industrial Park.
No, 77-210 - A By-law to provide monies for 8eneral purposes.
~srried with Aldermen Crowe abstaining on a conflict of interest on By-laws
77-201, 77-204 end 77-209; Aldermen Fern, Mann and Sobol voting contrary
on By-law 77-206, and all others voting in ~avour.
.....10
- 10 '
NEW BUSIE~SS
MESSAGE OF CONDOLENCE
It was moved by Alderman MacBain, seconded by Alderman Thomson, that
a message of condolence be sent to the family of the late Mrs. Winnifred
Stokes .Hill, a respected and honoured resident of the City. Carried
Unanimously.
STEEET LIGHTS - ST. PAUL AVENU~
It was moved by Alderman Chessman, seconded by Alderman Thomson, that
staff investigate the possibility of installing street lighting on St. Paul
Avenue from Mountain Road to the City limits. Carried Unanimously.
LICENSING OF BICYCLES
Alderman Sobol advised that she had received a call regarding the
licensing of bicycles. The City did license bicycles a number of years ago,
but the practice had been discontinued because people did not bother to
purchase the litantes. The Alderman suggested licensing of bicycles could
prove to be a deterrent in the theft of bicycles. It was moved by Alderman
Sobol, seconded by Alderman Fare, that the Regional Police be requested to
provide a report on the licensing of bicycles. Carried Unanimously.
BY-LAW NO. 77-93
Alderman Thomson referred to By-law No. 77-93 which provides for cssh
in lieu of park land dedication for development in the City, and explained
-that a proposed apartment building on the former Harriman Lumber property
will be assessed $40,000 for this reason. The Alderman felt that this smount
which roughly represents 25% of the value of the property, is an -excessive
amount and only adds costs which make development prohibitive. The City
Manager advised that staff had become concerned over this matter as well,
and severaL;meetings had been held to discuss possible action. The Planning
Director advised that staff was considering rescinding the by-law for a
period of time in order to observe the effect on developma,~'Lin the City.
The'City Manager advised that processing of the developer's building permit
could continue and the matter of the cash in'lieu of park land dedication
could be deferred until the recommendation of staff is svailable for Council.
.It was moved by Alderman Thomson, seconded by Alderman Chessman, that
processing of-the building permit for the Pingue apartment building be
continued, and that payment of the cash in lieu of park land dedication be
deferred until such time as Bye. law No. 77-93 is reviewed by staff and City
Co,,ncil. The motion Carried unanimously.
PROP08ED ART GALLERY
His Worship, Mayor Bukator requested that several m~mbers of Council
assist him in working with Dr. Afrukhteh on the proposed art gallery.
Aldermen Jaluvha, Orr and Thomson offered to work with the Mayor on a
special committee. '
It was moved by Alderman Crows, seconded :by Alderman Schisler, that the
meeting adjourn. Carried Unanimously. ...
READ AND TED,
M~YOR
THIRTY-SIXTH MEETING
REGULAR MEETING
CounciI Chambers
October 11, 1977
Council met on Tuesday, October 11, 1977 at 7:30 p.m. for the purpose of
considering general bus iness. All members of Council were present with the
exception of Alderman Stewart. His Worship, Mayor George Bukator presided as
Chairman. Alderman Dilts offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera,
that the minutes of the meeting held on September 26, 1977, be adopted as
printed. Carried Unanimously.
UNFINISHED BUSINESS
PROPOSED MAPLE LEAF VILLAGE AND TRAMWAY PROPOSAL
Communication No. 127 - Mr. J. Holer - The communication sets out certain
objections to the proposed tramway project of York-Hannover Developments.
Mr. J. Holer was granted permission to address Council on the motion of
Alderman Crows, seconded by Alderman Fera. Mr. Holer advised that he had
looked at the proposal from a practical point of view, and objected to the
proposal for a number of reasons. Mr. Boler stated that he understood' the
tourist business, people in the tourist business and the tourists themselves.
Every large City in the United States has an amusement type park with rides,
and the cable car would be nothing new to visitors. Tourists come to the
City to view the Falls and nature, and that should be protected at any cost.
Mr. Holer also referred to the fact that 70% of the City's visitors are from
the United States. With the proposed development of tour~t acconnodations
on the American side of the border, it will be much easier for tourists to
obtain rooms on the American side, use the cable car to enter Canada and
remain for only a few hours. People with motels and tourists facilities in
the o~tlying areas of the City will have less of a chance to sell their
rooms. Far. Holer felt the proposal would only benefit Niagara Falls, New
York. Mention was made of the assistance provided by the government in the
United States for development of the tourist industry in Niagara Falls,
New York, and the extensive professional planning taking place at this time.
In response to a question raised by Alderman Crows regarding possible casino
type gambling in Niagara Falls, New York, Mr. Holer felt that gambling
facilities do not attract family business. The present tourist industry in
the City is family oriented. Persons visiting s city with casino type
gambling will seek out accommodations close to the gsmbling, and few of
these visitors will travel to C~nada to see the sttractions or obtain
accoaaodations. Mr. Holer did state however that he wss in favour of the
proposed Maple Leaf Village with its multi-cultural flayour, and felt the
facilit~-would be of benefit to the City.
Mr. P. Sobol was granted permission to address Council on the motion
Of Alderman Mann, seconded by Alderman Orr. Mr. Sobol advised that he had
visited Niagara Falls, New York and hsd spoken to officials of the convention
centre. Both individuals had indicated to him that there will be massive
'growth taking place in the area and specific reference was made to hotels
and shopping centres. The winter gardens will be heavily promoted by the
American Government. Mr. Sobol felt the tramway would put Niagara Falls,
New York on the map as a tourist centre. As a tourist operator in the City,
Mr. Sobol had artended an N.R.T.A. meeting where representatives of York-
Hannover had been in attendance to outline the project. At that time,
concern was expressed by the N.R.T.A., and a decision on the project was
deferred. Of the Niagara North, South and West sections of the Association,
t~o areas were opposed. Mr. Sobol presented a petition signed by
approximately ninety o~ners of tourist and business establishments in the
City in opposition to the tramway proposal. Mr. Sobol asked thatbCouncil
not approve the project if there was the slightest doubt the environment
or bus~ness community would suffer.
Mr. J., Brnderick, solicitor for York-Hannover Developments was 8ranted
permission to address Council on the motion of Alderman Thomson, seconded
by Alderman Orr. Mr. Broderick stated that the objections voiced were highly
personal in nature and represented a negative view of the tourist potential of
the City. It was Mr. Broderick's opinion that the City could not remain
static, and that there is room for improvement. Statistics show there is a
resident market within eighty miles on the Canadian and American sides, with
a potential market population of fifteen to sixteen million, and 70% of those
people do not stay over in the City. With respect to the petition presented,
Mr. Broderick pointed out that the persons who signed the petition were
supposedly concerned, however the fact remained that the N.R.T.A. approved
the project. The proposal would upgrade the tourist facilities available
in the City and would hopefully lengthen the tourist season by extending the
season into the winter. A recent survey showed that 87% of the people visiting
the City would like to return in the winter if there were something worthwhile
to see and do. If people can be induced to come into the community,
particularly in the off season, there would have to be some benefit to the
business operators outside the central tourist area. The central area
has limited capacity and there will be more tourists available to the outlying
areas. Mr. Broderick referred tO the opposing argument that Americans visiting
in the area would stay in New York State and pointed out that the main
attraction for Americans to come to New York is a visit to Canada. Many are
deterred due to the volume of traffic on the bridge, and the tramway would
provide an alternate means of transportation. People who otherwise wouldn't
visit Canada might come because of the tramway. With respect to the proposed
development in Niagara Falls, New York, Mr. Broderick stated that these
· facilities are available on the Canadian side now. If the Americans start
to provide first class accommodation, there will be competition, however
this would induce local people to provide even better accommodation on the
' Canadian side. Also of benefit to the City would be the creation of two
hundred Jobs on a year round basis and the added tax revenue generated from
the facility.
In commenting on the proposal, Alderman Thomson advised that he served
on a committee of the Niagara Parks Commission trying to combat sight pollution
. in the area of the Falls. The Committee has been successful in keeping
expansion to an acceptable level while encouraging development. With respect
to the question of sight pollution, Alderman Thomson suggested there might be
some misunderstanding on the location of the tramway. It wd~l,1 not hover over
the Falls, but will be very close to the Rainbow Bridge, and from the Falls,
it is the Rainbow Bridge and not the tramway, which is visible. The Alderman
pointed out that the report carried out by Economic Research Associates
indicated there are only three major attractions in the City.visitors feel
are worth seeing, the Falls and surrounding Niagara Parks Commission lands,
the SkyIon and Marineland. Alderman Thomson felt this statement indicated
that the tourist industry was not taking advantage of the City's full
potential. With regard to proposed development in Niagara Falls, New York,
Alderman Thomson stated that the American city could not ~ompete with this
City for existing facilities, cleanliness and beauty. It would take
considerable time for.Niagara Falls, New York to catch up with the level of
development existing in the City,
Alderman Fera felt the tramway would detract from the natural beauty
of the Falls, and that the City should protect that area of the City. The
central tourist area has become highly commercialized, and the Alderman
felt another facility such as the tramway would only add to that situation.
Alderman Jaluvks suegeared that the tramway would become a world class
attraction which would enable the City to compete on the world market as a
tourist attraction. The Alderman also pointed out that any detriment that
might be suffered by some of the outlying tourist businesses would be far
outweighed by the magentic effect of the tramway as it drew people from
. Canada and the United States in larger numbers than.before. Alderman Mann
agreed that the City could compete with any other city for attractions and
beauty, and pointed out that many people cannot ~fford to travel to other
countries to see.such attractions, but would travel to Niagara Falls to
.ride the tramway .......
Alderman Crows did not. feel that he had heard enough discussion to make
· decision on whether or not to approve the proposal. Me pointed out that
~ourtsm is the source of the.City's existence and a major reason the City
~ functions. &,.p~o]ect such as the tramway, touches on the very heart of the
City's main industry. The Alderman suggested that the matter be tabled for
further discussion, from persons in fayour as well as against, the Niagara
Perks Commission, the N.R.T.A, end the Ministry of Industry & TOurJam.
Alderman Dilts a2reed that more discussion an4 information would be of
assistance to Council in reechin2 a decision on the approval of the proposal.
-3 -
Alderman Orr referred to the beautiful Niagara Parks Commiss ion lands
in the City, and the tremendous expenditures needed to
the inmge by the Commission. In the Alderman's opinion, the tra~qay
would destroy the image so carefully built by the Commission. Persons
entering Canada via the tramway would spend several hours in the Clifton Hill
and Falls area, but would never travel beyond to view further down the River,
Queenston or the floral clock. The Alderman also pointed out that there
presently is a cable car ride which crosses the gorge that many visitors
enjoy during the season.
Alderman Chessman stated that the impression was being given that the
entire future of the Cityis tourist industry depended on whether or not the
tramway project was allowed to proceed. The Alderman pointed out that it was
not Council's responsibility to decide what will be permitted to enter into the
market-place to cumpete~ but to restrict itself to the technical and
zoning aspects of the proposal. With respect to the concern expressed over
plans for development in Niagara Falls, New York, Alderman Chessman stated
that the development would take place whether or not the tramway is allowed
to proceed. Alderman Chessman also referred to the advantages of such a
proposal, an alternate way of entering Canada that does not require parking
lots or roads, and does not cause gasoline emissions. It was also suggested
that the N.R.T.A. and Transit Commission could consider a joint methood of
transporting visitors to the outlying tourist facilities in the City.
Alderman MacBain indicated that the proposal would be in the best
interests of the City, for the tourist industry, residents requiring employment,
the construction industry and for the taxes that would flow into the City as
a result. The Alderman referred to the concern raised by the tourist industry
prior to construction of the City's second tower, and suggested that many
objections are based on the fear of change. Alderman MacBain indicates that
the developers did not require approval of Council to proceed with the project.
When the City supports a new industry in full, it supports business, employment,
construction work andctax-_revenue, all of which benefit the general taxpayer.
Alderman Sobol pointed out that when a tourist visits the City, his
primary concern is not to see the Falls, but what the visit will cost. When
gasoline, accommodation and meals are cheaper on the American side, there
will be little incentive for tourists to travel to the Canadian s ida.
In response to a q~estion raised by Alderman Fern, the City Solicitor
advised that the developers would require Council's permission for the operation
of the tramway over Falls Avenue.
Following further cv.nnent, it was moved by Alderman MacBain, seconded by
Alderman Thomson, that Council approve the concept of the tramway proposal as
proposed by York-Mannover Developments Limited. The motion Carried with the
following vote:
AYE: Aldermen Chessman, Crows, Dilts, Jaluvka, MacBain, Mann and Thomson.
.NAYE: Aldermen Fera, Orr, Schisler and Sobol.
INVESTIGATION OF BASEMENT FLOODING COMPLAINTS
Report No. 478 - City Solicitor - Re~' Municipal Liability for Damages for
Flooding in Basements and Cellars. The report recommends that the report of
the Design & Construction Engineer on the investigation of basement flonding
complaints be referred to the adjuster for the City's insurer for consideration
· in connection with any claims made against the City, and further that Council
defer taking any action with respect to the claims until after the adjuster
.has investigated and reported on the claims.
AND
Report No. 479 - City Manager - Re: Investigation of Basement Flooding Complaints.
The report outlines the results of the investigation carried out by staff regarding
basement flooding complaints received from the residents of the Rolling Acres,
Taro, Casey and Ker Park Subdivisions. The report outlines twenty-four
recommendations for completely separated areas, existing and future houses, and
specific areas.
Copies of the reports were distributed to area residents in the Council
Chambers, end for the benefit of those present, the City Clerk read the
recommendations contained in the reports.
Alderman MscBain suggested that the report on basement flooding be tabled
to allow the ares residents an opportunity to peruse the information contained
therein, due to. the lenSth and technical nature of the report. Alderman Crows
-4-
agreed, however suggested that those items in the report that can be carried
out ~mm~diately should continue, and that staff should be instructed to
proceed to answer further questions regarding the problem. The Alderman also
pointed out that other comments will be required from developers and builders
as well as staff, particularly in connection with the drainage plans recommended,
and the obvious costs which will be borne by future home owners. Alderman
Crowe stated that he would like to see a r~port on the availability of Juris-
diction to the Municipality to require the installation of backwater valves
during house conetruction.
Following further comment, it was moved by Alderman Crows, seconded by
Alderman Cheesman, that the report of the City Solicitor be received and
adopted, and the report~On investigation of basement fle~ting complaints be
tabled for two weeks. Carried Unanimously.
PROCESSED ORGANIC RESIDUE RECOVERY STATION
Report No. 480 - City Solicitor - Re: Ontario Municipal Board Hearing. The
report advises that the hearing of the Region's application fgr an amendment
to the Official Plan and the appeal by the Region from Council 's refusal to
pass an amendment to the zoning by-law, was not concluded after four days,
and a new date will be set for the resumption of the bearing, possibly as
late as February of 1978.
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that
the report be received and filed. Carried Unanimously.
COI~4UNIGATIONS
No. 128 - Nr. I. Joztpovic - Re: Fee. far Clearing of Sewer Line Blockage. The
communication requests that Council reduce the $60.00 fee charged for clearing
a blocked sewer line after 4:00 p.m.
The Maintenance & Operations Engineer advised that By-law 76-16 provides
for a $12.00 fee between 8:00 a.m. and 3:15 p.m. on weekdays, and after 3:15
p.m. and on weekends, the charge is $60.00. If a call is received after 3:15
p.m., a crew must be called to work overtime at time and a half as provided
by the collective agreement. '
ORDERED on the motion of Alderman Thomson, seconded by Alderman Gheesman, that
the provisions of By-law 76-16 be adhered to, and that a~,-letter of explanation
be provided to Mr. Jozipovic. Carried Unsnimoualy.
No. 129 - Regional Municipality of Niagara - Re: 1977-78 Winter Control
Operations on the Niagara Road System. The ce~=nunication extends an invitation
for municipal staff to participate in a training program regarding winter
control on the Regional Road System.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that
City of Nis~ara Falls employees participate in the proposed training program
in conjunction with the Region. Carried Unanimously.
No. 130 - Regional. Municipality of Niagara - Re: 42" Diameter Trunk Wstermain
from Niagara Falls Water Treatment Plant. The cou~unication advises of the
alignment and proposed construction of a 42" diameter trunk watermain from
the Niagara Falls Water Treatment Plant to Portage Road..
ORDERED on the motion of Alderman Thomson, seconded by AIdarms'n Mann, that
the communication be received and filed, Carried Unanimously.
No. 131 - Regional Municipality of Niagara - Re: 1977 Regional Tax Levy.
The communication advises of the Regional tax levy against ares municipalities
for monies required during the year 1977 for the purposes of the Region.
ORDBRED on the motion of Alderman Thomson, seconded by Alderman Chessman,
that the c~nication be received and filed. Carried UnanimQusly.
No. 132 - SkyIon International Harethen - The communication requests that
the week of October 16 . 22, 1977~ be proclaimed as Internstional Marathon
Week.
ORDERED on the motion of Alderman Thomson, seconded by A~dermsnFera, that
the request be approved subject to the established policy on proclamations.
Carried Unanimously,
No.- 133 - Ministry of Transportation & C~nications - Re: 1978 Transit
Operatin~ Subsidy Policy. The c~unicstion provides informtion on the
term~-and application of transit programs for 1978.
ORDERED on the motion of Alderman Fern, seconded by Alderman Orr, Chat the
cmmunicat. io.n be receiyed and .filed, ..Ca.tried Unanimously,
-5 -
No. 134 - East Niagara Housing Authority - Re: Niagara Region Study Review
Commission Report. The communication provides the comments of the Authority
for inclusion in the City's brief to the Provincial Government on the
Niagara Region Study Review Commission report.
ORDERED on the motion of.Alderman Thomson, seconded by Alderman Fern, that the
cormnents of the Authority be incorporated in the brief to be submitted to the
Province by the City. Carried Unanimously.
No. 135 - Mr. M. Swart, M.P.P. - Re: Date of Municipal Elections. The
connunication advises of the New Democratic Party's position on the Government*s
proposed change in the timing of municipal elections. The Party proposes that
the election date be on the Thursday following the second Monday in October,
with the new Council to assume office on the first day of November.
The City Clerk provided information regarding the provis ions of Bill 49
an Act to Amend the Municipal Elections Act, in response to a question raised
by Alderman Schisler.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that
the communication be received and filed. Carried Unanimous ly.
REPORTS
No. 481 - City Manager - Re: Coronation Recreation Centre. The report reconnnends
the provision of an amount of $67,000 in the 1978 Operating Budget which
represents the City's share of the Coronation Recreation Centre project.
ORDERED on the motion of Alderman Mann, seconded by Alderman err, that the report
be received and adopted. Carried Unanimously.
No. 482 - City Manager - Re: Site Plan for Proposed Office Building, .H,T. Merrett,
Corner of Drummond Road and Perkins Street. The report recommends that the site
plan as submitted not be approved for six reasons as outlined in the report.
Mr. H. Merrett was granted permission to address Council on the motion of
Alderman Cheesmsn, seconded by Alderman Jaluvka. Mr. Merrett referred to the
requirement of providing four parking spaces, and the comment in the report
that there are three driveways indicated on the plan. Mr. Merrett maintained
that the third driveway was not a driveway, but the parking area for his
employees. It was also requested that the number of spaces be reduced to
three. Mr. Merrett indicated that the parking would be strictly for his
employees, and since Perkins Street is a small one-way street with little
traffic, there would be no safety hazard created.
During,discuss.ion of. thtslmetter, severa~ members of Council pointed out
th~ thel-d~iveway referredtie in, the report was actually a parking area for
Mr. Merretts~ employees, and that reduction of the spaces to three from four
would conform with by-law requirements. The City Manager indicated that the
Site Plan Technical Con~ittee could not approve the site plan because it did
not conform to Council~policy~ and at the ;request of the owner, the matter
was presented to Council for consideration. Technically, the report and the
recommendations were correct.
.
Alderman Crown suggeSted-that the~staff parking area be segregated from
other perkinS, possibly by chain or ~ome type of barricade to ensure that the
perkins area is used by Mr. Merrett*s staff and not other persons. Alderman
Cheesman sugSested that if Mr. Merrett were tp provide assurance theC the
stee~ p2~klng would be physically seSregated from other parking areas, and
· if thel!numbev~of. park~ng spaces,were reduced to three from four, the plan
could be approved. Mr. Merrett indicated that he wss agreeable to those
conditions.
It was moved by Alderman Cheesmen, seconded by Alderman Fern, that the
report be received and filed, and the site plan as amended, be approved. The
'motion Carried with the followinS vote:
AYE: Aldermen Chessman, Crows, Dilts, Fera¥~]aluvha, Mann,bOrv~ SObel, and
Thomson.
.HAYE: Aldermen HacBsin and Schisler.
No, 483 - City Manager - Re: Permsdev Parking. The report advises of a request
received from Pernadev Development Limited requesting the leasing of twelve
additional parking spaces on one of the City~s Ontario Avenue parking lots.
Mr. D. Cartel was granted permission to address Council on the motion
of Alderman Thomson, seconded by Alderman Cheesmsn. Mr. Cartel advised that
while he was In. layout .of anything that would provide and stimulate growth
-6.-
in the downtown core, he felt that parking on the lots in the downtown area
should be for shoppers. As a member of the Municipal Parking Cofmnittee,
Mr. Cartel suggested that if the Cc~aittee established that there were
surplus spaces on a particular lot, than no more than an agreed upon percenta
shouldbe considered for a lease basis. If the spaces are to be leased, they
should be made available to anybody in the area by way of a tendered price,
and a limit should be set on the maximum number of spaces available to any
one individual. FIr. Cartel felt the prime function of the Committee was to
keep the lots open for use by all concerned,. particularly the downtown
shoppers.
Alderman Thomson, chairman of the Committee, advised that the Committee
has a policy that permits the leasing of spaces to individuals who have
requested spaces, provided the spaces are available and additional revenue
will be provided for the parking fund. The spaces are leased on a yearly
basis, and control is retained in that way. With respect to one of the lots
in the area, Alderman Thomson pointed out that only three or four of the
twelve spaces are used which amounts to $312 per yesr in meter fees. If
those spaces were leased, the revenue provided would amount to $900 per year.
Alderman Fern felt the matter should be referred back to the Municipal
Parking Courtirate for further conment.
It was moved by Alderman Mann, seconded by Alderman Orr, that the report
be received and filed, and that the request of Permadev Development Limited for
the lease of twelve parking spaces, be approved. Carried with Alderman Fern
voting contrary, and all o. thers in favour.
No. 484 - Planning & Development Connittee - Re: AM-17/77, Provincial Gas Co.,
and Official Plan Amendment No. 91, South Side McLeod Road. The report
recommends approval of the application subject to Develbpmant Control, and
thee Council certify by resolution that the application will conform to Official
Plan Amendment No. 28 of the Niagara Falls Planning Area after a further
amendment has been appr~ved by the Minister of Housing. It is further
recommended that Official Plan Amendment No. 91 be adopted.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Thomson~
that the report betreceived and adopted. Carried Unanimous ly~
- -taken on this matter. See By-law No. -2
and 77-212
No. 485 - City Esnager - Re: Park Land Dedication - Review of By-law 77-93.
The report recou~nends that By-law 77-93 be res~i~ded as an interim measure
until such time as an appropriate means of fully implementing Officis.1 Plan
Amendment No. 86 is developed by .further study of a more equitable method of
relating cash-in-lieu to density and that Council enact a by-law under Section
,.J5 (b)l of The Planning Act r.equiring a maximum of 5% of land value for park
land dedication as in subdivisions.
ORDERED on the motion of Alderman Thanson, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
NOTE: Alderman Mann was absent when the vote was taken on this matter.
No. 486 - Recreation Commission - Re: National Canpetition Fund. The report
recommends a chan~e in the policy governing National Competition which would
allow theRecreation Commission to give fins1 approval for all requests.
ORDERED on the motion of Alderman Thomson, seconded bX Aldermen O~r, thee the
report be received and adopted. Carried Unanimously.
NOTE:. Alderman Mann was absent when the vote was taken on this m~tter.
No. 487 - City Mana2er - Re: Purchase of 75t Tele-Squrt. The report recommends
approval Of the purchase of the 75' Tele-Squrt c~nbinstion water tower and
aerial ladder st a cost of $170,854o based upon the terms. suBBasted by the
vendor, with funds to be taken fro~ the 1977 and 1978 Operetin8 Budgets.
ORDERED on the motion of Alderman Crows, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
.see Resolution No.
~.NOTB| Alderman Mann was absent when the vote was
taken on this matter.
Me. 488 - ~lty Memas~r - Rat (Y~aervetion of Christmas end New Y~ar Holidays,
19~7-78. The ~epor.~ ~,ec.O~en4~ that December 23, 1977 be Branted for
- 7-
Christmas Day, and Monday, January 2, 1978 be granted for New Yearns Day.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Schisler,
that the report be received and adopted. Carried Unanimously.
NOTE: Alderman Mann was absent when the vote was taken on this matter.
No. 489 - City Manager - Re: Lions Club Outdoor Skating Surface. The report
advises that the target date for completion of the outdoor skating surface
to be constructed on Drummond Road adjacent to the Lions Club Swinming Pool,
will be December 1, 1977. The facility will be constructed by the Lions Club
at no cost to the City, and the City will assume operational costs.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that
the report be received and filed, and that the Lions Club be thanked for
efforts. Carried Unanimously.
NOTE: Alderman Mann was absent when the vote was taken on this matter.
No. 490 - City Manager - Re: Site Plan Approval, Proposed 74 Unit Town House
Development, Kalar Road &Dunn Street Extension. The report recommends
approval of the site plan as submitted.
ORDERED on the motion of Alderman Thanson, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
NOTE: Alderman Mann was absent when the vote was taken on this matter.
No. 491 - City Manager - Re: Dino~s TV Limited, 6266 Lundy's Lane. The report
recommends that an application for the erection of a wall sign greater than
150 square feet as provided by By-law 6661, be approved.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Schisler,, that
the report be received and adopted. Carried Unanimously.
NOTE: Alderman Mann was absent when the vote was taken on this matter.
No. 492 - City Manager - Re: Invitation Bids for the Construction of Finished
Roads and Curb and Gutter on Dorchester Road from Jill Drive to Oldfield Road.
The report recommends that the unit prices submitted by Steed & Evans Limited
for the subject work, be accepted.
ORDERED on the motion of Alder~mn Sobol, seconded by Alderman Thomson, that
· the report be received and adopted. Carried Unanimously.
See Resolution No. 110
NOrZ: Alderman Mann was absent when the vote was See By-law No. 77-213
taken on this matter.
No. 493 - City Manager - Re: Invitation Bids for the Construction of Base Roads
and Partial Curb and Gutter in Dorchester Gardens Subdivision. The report
recommends acceptance of the unit prices submitted by Northland Bttulithic
Limited for the subject work.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Thomson, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 111
NOTE: Alderman Mann was absent when the vote-was See By-law No. 77-214
taken on this matter.
No. 494 - City Manager - Re: Exemption of Certain Lots in Plan 13 and Plan 14
from Part Lot Control. The report recommends passage of a by-law to exempt
Lots 1 to 7 inclusive in Plan 13 (Now Plan 262) and Lots 16, 17, and 19 to 27
inclusive, Plan 14 (now Plan 263) from part lot control, and further .that all
costs arising from registration of the by-law be assumed by the applicants.
OR~RED on the motion of Alderman Crows, seconded by Alderman Schisler, that
the report be received and adopted. 9arried Unanimous ly.
See By-law No. 77-216
No. 495 - City Manager - Re: Sale of Lot 39, Plan 243, Falls Industrial Park.
The report recommends approval of the sale of Lot 39 from Niagara Paper Box
Co, Ltd. to Linnenbank Leather Goods Ltd. subject to confirmation that the
new owners will install permament continuous .curbing in the paved areas adjacent
to the Landscaped area, prior to December 31, 1977.
Alderman Thomson suggested that the new owners be given an extended period
of trine to install the curbing due to the upcoming winter months.
ORDERED on the motion of Aldermen Thomson~ seconded by Alderemn Crowe, that the
~ew owners be given until ~une 30, 1978, to complete the necessary curbing, and
the report. dsemended, be received and adopted. Carried Unanimously.
gee .y-lsw .o. 77-217 .
-78 -
No. 496 - City Manager - Re: Emergency Distribution System for Power and
Lighting - City Hall. The report recommends that the price submitted by
Pointview Electric for supply and installation of an emergency distribution
system in City Mall be accepted.
O.RDE~ED on the motion of Alderman Mann, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See Reaolption No.
- 9-
No. 112 - MANN - eRR - RESOLVED that the price submitted by Pointview
Electric for the supply and installation of an emergency distribution system
within City Mall, be accepted at the quoted price of $8,150.007 AND the Seal
of the Corporation be hereto affixed.
· Carried Unanimously
...... ~- BY-LAWS
No. 497 - City Manager - Re: New Directions: A Symposium on Downtown Cores.
The report recommends the attendance of the planning Director at the subject
symposium to be held in Toronto on November 1st and 2nd, 1977.
His Worship, Mayor Bukator indicated that he would be interested in
attending this s~mpoaium and asked that CoUncil authorize his attendance as
well.
ORDERED on the motion of Alderman err, seconded by Alderman Sobel, that
His Worship, Mayor Bukator be authorized to attend the Symposium on Downtown
Cores, and that the report be received and adopted. Carried Unanimously.
No, 498 - City Manager - Re: O.M.P.A. Fall Workshop. The report recommends
the attendance of the Personnel Officer at the subject Workshop to be held
in Ottawa on October 27 and 28, 1977.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Jaluvka, that
the report be received and adopted. Carried Unanimous ly.
No~ 499 - City Manager - Re: Building Permits. The report provides a breakdown
of the permits issued by the Building & DeveloPmeDt Department for the month of
September, 1977..
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that
the report be received and filed. Carried Unanimously.
No. 500 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman Schisler, seconded by Aldermen Man~, that the
report be received and adopted. Carried Unanimously.
PETITION
Comm. No. 136 - Lundy's Lane BUsinesses - Re: Splashingxof~Mudtand Slush.
The petition requests that the City suggest how to keep the front~ of the
buttdings~fronting.Lundy~s_Lanerfreefrom.salt, mud andislush-and. how to keep
customers from being splashed since the roadway is so close to the properties,
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that
the petitionbe referred to staff for the preparation of a report.
Unanimously.
.,' .J RESOLUTIONS. '- ..
.f ~ ='~ .... ' ---. .-- .r .:~
No. 108 - CHEESMAN - THOMSON - RESOLVED that the Council of the Corporation
of the City of Niagara Falls hereby certifies that By-law No, 77-212 for the
rezoning of Pert of Township Lot 178, on the south side of MaLand Road, will
Conform to Official plan Amendment No. 28 of the Niagara Falls Planning Area
once a further amendment has been approved by the Minister Of Itous inS; AI~)
the Seal of the Corporeti~n be hereto affixed.
Carried Unanimously
No. 109 - CRO~ -ORR - RESOLVED that the quotation of King Seagrave Limited
for the supply of a 75' Tele-Squrt combination water tower and aerial ladder
· be accepted, at the quoted price of $170,854.00; AI~ the Seal of the Corporati01
be hereto affixed.
- Carried Unanimousl~
No, 110 - SOBOL - THOMSON - RESOLVED that the unie prices submitted b.y Steed
end Evans Limited for the construction of Findabed Roads and Curb and Gutter
on Dorchester Road from Jill Dr~ve to Oldfield Road, be accepted at the
tendered amount of $45,750.50; AND the Seal of the Corporation.~e hereto
affixed. Carried Unanimously
'~0. 111 - SOBOL'- THOMSON - RESOLVED that the unit prices submitted by NorthNd
Bitulithic Limited for-the construction of base roads and partial curb and
8utter in Dorchester Gardens Subdivision, be accepted st the tendered amount
of $63,619.15; AND. the Seal o~l the Corporation be hereto. af[ixed.
Carried .Unanimous
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. 77-211 -
A By-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Falls Planning Area. (No. 91, Provincial Gas Co.
on MaLeod Road)
No. 77-212 -
A By-law to amend By-law No. 2530, 1960 of the former Township of
Stamford, newTin the City of Niagara Falls, as amended. (AM-17/77,
Provincial Gas Co.)
No. 77-213 -
A By-law to authorize the execution of an agreement with Steed and
Evans Limited for the construction of finished road and curb and
gutter. (Dorchester Road - Jill Drive to Oldfield Road)
No. 77-214 -
No. 77-215 -
A By-law to authorize the execution of an agreement with Northland
Bitulithic Limited for the construction of base roads and curb and
gutter. (Dorchester Gardens Su~division) . .
A By-law;to authorize the execution of an amending agreement with
Dorchester Gardens Limited.
No. 77-216 - A By-law to designate certain land not to be subject to part lot
control. (Plans 13 and 14, now 262 and 263)
No. 77-217 - A By-law respecting Lot No. 39 in the Falls Industrial Park.
No. 77-218 - A By-law to authorize the sale of land in the Falls Industrial Park.
(Lot 41)
No. 77-219 - A By-law to provide monies for general purposes.
Carried Unanimously
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that
the following by-laws be now read a second and third time:
No. 77-211 - A By-law to provide for the adoption of an amendment to the Official
· Plan of the Niagara Falls Planning Area. (No. 91,.Provincial Gas Co.
on McLend Road)
No. 77-212 -
No. 77-213 -
No. 77-214 -
No. 77-215 -
No. 77-216 -
No. ~7-217 -
No. 77~218 -
A By-law to amend By-law No. 2530, 1960 of the formerqTownship of
Stamford, now in the City of Niagara Falls, as amended. (AM-17/77,
Provincial Gas Co.)
A By-law to authorize the execution of an agreement with Steed and
Evans Limited for the construction of finished road and curb and
gutter, (Dorchester Road - Jill Drive to Oldfield Road)
A By-law to authorize the execution of an agreement with Northland
Bitulithic Limited for the construction of base roads and curb and
gut=at. (Dorchester Gerdens:;Subdivision)
A By-law to authorize the execution of an amending agreement with
Dorchester Gardens Limited.
A By-law to designate certain land not to be subject to part lot
control. (Plans 13 and 14, now 262 end 263)
A By-law respecting Lot No. 39 in the Falls Industrial Park.
A By-law to authorize the sale of land in the Falls Industrial Park.
(Lot 41)
No. 77-219 -
A By-law to provide monies for general purposes.
.Carried Unanimously
It was moved by Alderman Mann, seconded by Alderman Orr, that the
meeting adjourn to,Conm~t__tee_-of the Whole. Carried Unanimously.
READ ADOPTED,
MAYOR
Comnittee Room ~1
October 11, 1977
Council met in Committee of the Whole, on Tuesday, October 11, 1977,
following a regular meeting of Council. All members of Council were.present
with the exception of Alderman Stewart. His Worship, Mayor Bukator presided
as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
READ AND ADOPTED,
.~YOR
Council Chambers
October 11, 1977
Council reconvened in open session on Tuesday, October'T1, 1977, following
a meeting of Committee of thaW hole. All members of Council were present with
the exception of Alderman Stewart. His Worship, Mayor Bukator presided as
Chairman. -
The meeting adjourned.
READ AND ADOPTED,
i~YOR
vvv
THIRTY-SEVENTH ~ETING
Committee Room#1
October 24, 1977
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole at 7:00 p.m. on Monday, October 24,
1977. All members of Council were present with the exception of His Worship,
Mayor Bukator, Aldermen Crows.and Orr. Alderman Fera presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting. ~A&A~ a,
~D A~ ADOPTED,
, CLERK
Council Chambers
October 24, 1977
Council met on Monday, October 24, 1977:at 7:30 p.m. for the purpose of
considering general business. All members of Council were present wSth the
exception of His Worship, Mayor Bukator and Alderman Orr.
RESOLUTION
No. 113 - M~NN - JALUVKA - RESOLVED that Alderman S.W. Thomson be appointed
Acting Mayor in the absence of His Worship, Mayor Bukator, for the period of
October 24th, 1977 to November 6th, 1977, inclusive; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously
Alderman Mann offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that
the minutes of the meeting held on October 11, 1977, be adopted as printed.
Carried Unanimously.
DEPUTATIONS
CITATION OF APPRECIATION
FAr. 'J. Ryan, Manager of the local Manpower office, was granted permission
to address Council on the motion of Alderman Mann, seconded by Alderman Stewart.
Mr. Ryan who acted as co-ordinator of the summer student employment office,
reported that Jobs had been found for approximately thirteen hundred students
during the past summer season. FIr. Ryan thanked Council and staff for their
co-operation and presented a citation of appreciation to the City of Niagara
Fails in recognition of the City's contribution and active involvement in
Canada's national "Hire A Student Programme". Alderman Thomson, Acting Mayor,
accepted the certificate and thanked Mr. Ryan on behalf of the Council and
staff officials involved.
1978 TRADE DOLIARE PROGRAPME
Communication No. 135 - Chamber of Commerce - The communication requests the
issue of a proclamation in supportiof the Chamber's 1978 Trade Dollars Programs.
FIr. C. Fartell of the Chamber, was granted permission to address Council
on the motion of Alderman Mann, seconded by Alderman Chessman. FIr. Fartell
indicated that during 1977, twenty-five thousand Trade Dollars were purchased,
and it appears they will all be sold. Because of the success of the 1977
Programme, it has been decided to continue with a 1978 Programme, and
Mr. Fartell requested that Council again issue a proclamation of support for
the Chamber's Trade Dollar ProSramme.
ORIBRED on the motion of Alderman Mann, seconded by Alderman Sobol, that the
request be approved subject to the established policy on proclamations.
Carried Unanimously. . .... 2
q
- 2-
UNFINISHED BUSIHESS
PaPORT OF THE NIAGARA REGION STUDY REVIEW C(EMISSION
Report No. 501 - City Clerk - The report recounnends that Council approve the
contents of the brief prepared by the City, and submit same to the Minister
of Treasury, Economics & Intergovernmental Affairs for consideration.
ORDERED on the motion of Alderman Fern, seconded by Alderman Chessman, that
the report be received and adopted, and the brief be forwarded to the Minister
of Treasury, Economics & Intergovernmental Affairs for consideration. Carried
Unanimous ly.
INVESTIGATION OF BASEMENT FLOODING COMPLAINTS
Report No. 479 - City Manager - The report provides twenty-four recommendations
to assist in the alleviation of basement flooding for completely separated areas,
existin~ and future houses and specific areas.
AND
Report No. 502 ~ City Manager - The repor. t .pro~id'e~ Supplementary information
on the investigation of basement flooding complaints. The report ~eco~nends
adoption of the reconnnendations contained in Report No. 479.
AND
Connnunication No. 136 - Housing & Urban Development Association of Niagara - The
Association offers assistance in finding the most economical and efficient
solutions to the City's flooding problems.
Alderman Crows felt that certain of the recommendations in.ribs report were
!untested, and unt, il the overall factsaware available, Council would be premature
in granting complete approval. The Director of Municipal Works agreed that many
details would .have to be worked out prior to the implementation of the long
range recemm~ndations.
ORDERED on the motion of Alderman Crows, seconded by Alderman Jaluvka, that
those recommendations which can be implemented at the present time be received
and adopted, that the long term recommendations be tabled for further study,
and that the offer.of assistance from the ,Housing & Urban Development
of Niagara be accepted with appreciation. Carried Unanimously.
COMMUNICATIONS
No. 137 - Regional Municipality of Niagara - Re: Water Conservation and Sewage
Flow Reduction. The c~unication suggests that each area municipality a/mlyze
its per capita usage to ascertain that water supply and sewage system
ere not being wasted. It is also suggested that each municipality consider up-
to-date sewer by-laws covering discharges into sanitary sewers.
ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the
cc,,munication be referred to staff for consideration in SonJunction with the
preparation of the proposed sewer by-law. Carried Unanimously. ' ....
No. 138 - Mrs. G. Little - Re: Possible 'Legalization of the Use of Marlinane.
The comnunication requests endorseeion of a resolution in opposition to the
le~$1ization of the use of marlinane. ...............
Alderman Crows pointed out that the legalizerice of the use-of ma,iJuana
was a matter beyond the Jurisdiction of the municipality, and suggested that
~he c~nicetion be received and filed. Alderman Chessman suggested that
although Communication would be received and filed, it should .be made clear
-that Council was not takin, g a. stand on the matter at this .time.
-OP.E~RED on the motion of Alderman Crewe, seconded by Alderman Sobel, that
~he cenmuni~ation ,be received and filed. Carried Unanimously.
No. 139 - Ntaaara Fails Hydro Commission - Re: statement'Of position on the
Restructuring of liydro in the Nisgars Region. 'The ccmmunication-reco~nends a
~lOwer tier concept for the restructuring.of electrical utilities in Regional
~Niagara, with Niagara Fails aydro encompassing the total area of Niagara Fails
including Chippawn and rural area consumers.
.. ORE~ED on the motion, of Aldermen Crews, seconded by Alderman Jehwka, chat the
position of ~he!'Niagera Fails l{~dro Commission be endorsed. The motion ~
~!With Alderman Mann abstain~n~ one conflict of interest, and all others voting
, - Plannine & Develo~e~[ Cets~iteee - Re= AM-14/77 ~ DeGiorgio, North
No. 503 , '
854e o~ MCLS~d Read. 'The~port' ree~nda. approval ~0f ~he. e~plication subJec~
-3 -
to the adjacent lands owned by the applicant being specifically zoned for
parking and the installation of storm and sanitary sewers. It is further
recommended 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.
Mr. M. Polich, an area resident, was granted permission to address
Council on the motion of Alderman Sobel, seconded by Alderman Jaluvka, Mr.
Polich expressed his concern at the additional burden that would be placed
on the present drainage system in the area~ stressing the absence of storm
sewers on McLeod Road. Alderman Thomson, Acting Mayor, assured Mr. Polich
that approval of the application is contingent upon the installation of
adequate storm sewer drainage facilities.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobel, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 114
See By-law No. 77-220
NO. 504.-.Plamning & Development Committee - Re: AM-32/77, Greater Niagara
Association for the Mentally Retarded, East Side of Beaverdams Road. The
report recommends approval of the 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.
Mr. B. Moore, an area resident, was granted permission to address
Council on the motion of Alderman Fare, seconded by Alderman Jaluvka.
Mr. Moore read a prepared brief which outlined the opposition of area residents
to the proposal. It was felt that the proposed building would not be a
suitable residence for the neighbourhood, it had been inadequately planned
and the investment made by the area residents in their homes would be
adversely affected by the project. Mr. Moore also felt that a rezoning
application should not be considered without a site plan. -
Miss P. Lucas, solicitor for the applicant, was granted permission to
address Council on the motion of Alderman Mann, seconded by Alderman Schisler.
Miss Lutes explained that the purpose of the project was to avoid the concept
of an institution and provide a home-like.atmosphere for children, most of
whomwould be under the age of ten years. There may occasionally be older
children up to eighteen years of age staying on a temporary basis. The
children will be students of Wee ~aven School and will be helped to become
useful members of society. The home would be staffed on a full-time basis,
largely by volunteers, with ample supervision provided at all times.
Miss Lutes emphasized the aim of a "residence" rather than an institution,
· and stated the project would be funded completely by the Province. Reference
was made to the fact that the Planning & Development Committee had unanimously
approved the project, and confirmation had been received that all services
were adequate. In response to a number of questions raised by members of
Council, Miss laces explained that should ~he project prove unsuccessful, the
building could be converted into a regular residence. It was not anticipated
'that additional rooms wonld be required in the future, The Planning Director
~advised that the zoning would be granted on the basis of a specific use, and
quoted:from the by-law .accordingly.
Mrs. B. Mowat, director of Wee Haven School and a representative. of the
Association, advised that the project had been in the planning stages for at
least two years, and would be considered a pilot project for the ares. Many
~coemunieles would be watching with interest the progress of the project.
Mrs. M. Missnet, mother of a retarded child, explained the situation mothers
of retarded children are faced with, and emphasized the great need for such
affacility in the community.
Following further discussion, it was moved by Alderman Mann, seconded by
Aldermen Jaluvka, that the report be received and adopted. Carried Unanimously.
N~R: Alderm~n Crowe declared a conflict of interest and excused himself
' from the meeting durin~ consideration of the matter.
'~=~ See Resolution No. 115
. See By-law No. 77-221
"No. 505 - City Manater - Re: Rescue Utility Body for Installation on Chassis as
~'Bupptied by Fire Department. The report ~ec~a,~ends acceptance of the quotation
· SulMaiCted by B.K. & B. Truck Bodies for supply of s rescue utility ~ody.
':'O]~RMD 'on the motion of Alderman Schisler, seconded by Aldexmsn Fare, that the
report be received and adopted. · Carried Unsnimonsly.
. ~! See Resolution No. 116
No. 506 - City Manager - Re: Group Co-operative Fuel Oil Heating Tender 1977/78.
The report reconmends acceptance of the low price submitted by Shell Oil Company
for the supply of the 1977/78 fuel oil heating requirements.
ORDERED on the motion of Alderman Stewart, ·seconded by Alderman Mann, that the
report be received and adopted. Carried Unanimously.
See Resolution No.
The report advises that the current supplier of tires, tubes~ and repair se
entered into receivership and cannot complete the tender term. It is recommended
that the balance of the tender period be completed by Firestone Stores Limited.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 11_~
No. 508 - Recreation 'COmmissiOn - Re: Cowmemorative Plaque - queen's Silver
Jubilee. The report recommends the placement of a plaque at the Oekes Park
track and field facilities in comemoration of the Queen's Silver Jubilee
in 1977.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Fare, that
the report be received and adopted. Carried Unanimously.
No. 509 - Recreation Commission - Re: Stamford Lions Memorial Park. The report
recounnends that the park between D'Arcy Crescent and Maplewood Drive be named
Lind Somerville Park and the park behind the Stamford Lions Club Memorial Mall
be named the Stamford Lions Memorial Park.
ORDERED on the motion of Alderman Mann, seconded by Alderman Jaluvka, that the
report be received and adopted. Carried Unanimously.
No. 510 - Property Standards By-law Enforcement Officer - Re: Property Standards
By-law No. 74-204, Andrew Gyurcsek, 5559 George Street. The report advises that
Mr. A. Gyurcsek has failed-to complyi~with.'a~Judge's Order in accordance with
By-law 74-204, and it is recommended that the Corporation retain a Disposal
Service to forthwith complete the work Mr. Gyurcsek was directed to carry out
under the Order, and that 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 Alderman Chessman, seconded by A~la~man Mann, that the
report.be received and adopted. Carried Unanimously.
No. 51! - City Manager - Re: Lots 47, 48 and 25, Falls Industrial park - Exchan
of Lands between the City and Dentado Properties Inc. The report recentmends
passage of a by-law to authorize the subject exchange of lands.
ORDERED on the motion of Alderm~n Stewart, seconded by Alderman Schialer, that
the report be received and adopted. Carried Unanimously.
See By-law No. 7
No. 512 - City Manager - Re: Northwest Recreation Project. The report
1) That the decision of the Ontario Municipal Board not to approve $100,000 is
1977 ~apital Budget for the subject project, be appealed; and 2) That $200,000
be provided in the 1978 Capital Budget which will enable the acquisition of 142
acres of land, lea.ring 65 acres still under lease.
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the
report ibe received and adopted. Carried Unanimously. .. ~-~
No. 513 - City Manager - Re: Niagara South Recreation Centre~ Phase II. The
report recommends that the decision of the Ontario Municipal Board not to
$50,000 in the 1977 Capital Budget for the subject project, not be appealed,
that $200,000 be provided in the 1978 Capital Budget with an additional
in. the 1979 Capital Budget.
The ActinS City Manager suggested that ~he recc.~aendetion relative to the
decision of the Ontario M~nicipal Board to delete $50,000 from ~he 1977 Capital
. ~Bndget, be endorsed, end that further consideration of the project take place
during Council's consideration of the 1978 Capital Budget.
ORDMI~MD on the motion of Alderman Mann, seconded by Alderman Dilts, that the
rect-~-.~e~dation wi~h respect to the decision of the Ontario Municipa! Board be
approved, and. ~urther that allocations for Phase IX of the Niagara South
· Recreation Centre be cossidereal in con]unction with the 1978 Capital Budget
· ~iscnaalona. C~rried Unanimo~sly.
No, 514 - City Maneact - Re: Maple I~sf Vlllaae, Extension of 12" Wst.e~main
..... on Fells Aven~e, The report recommends acceptan~e of the unit prices submitted
~y .Covello grog,-.Mml~ed for the installation of s. 12" .~atermain on Falls
to service the Maple l~af ViilaCe project, and t~a~ funds collected under
73-267 be used to install the wste~main.
~B~B on the motion of Alderm~n ~heesman, seconded by Alderman 8Cawart, that
the repor.t be reeeiv~ an4 adopted. Carried U~ant]aou~ly. See Resolution
-5 -
No. 515 - City Manager - Re: Proposed Sewer on St. Clair Avenue for Former
Rarriman Lumber Property. The report recommends the use of monies paid by
the developer under By-law 73-267 to construct a storm sewer on St. Clair
Avenue from the exit of the development south to Jepson Street. The balance
of funds required would be obtained frommonies collected under By-law 73-~67.
ORDERED on the motion of Alderman Stewart, seconded by Alderman Cheesman,
that the report be received and adopted. Carried Unanimously.
No. 516 - City Manager - Re: Site Plan Approval, Proposed 61 Unit Apartment
Building on former Harriman Lumber Company Site. The report reconnends
approval of the site plan as submitted.
In response to a question raised by Alderman Cheesman, the Building and
Development Co-Ordinator indicated that the problem of vandalism in the
underground parking facilities would be considered by Central Mortgage and
Housing, and precautions would be taken against vandalism.
ORDERED on the motion of Alderman Crowe, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
No. 517 - City Manager - Re: DevelOpment Plan Approval - Proposed Addition
to Fairway Hotel, Clark Avenue. The report recommends approval of the
development plan as submitted.
ORDERED on the motion of Alderman Stewart, seconded by Alderman Chessman,
that the report be received and adopted. Carried Unanimously.
NOTE: Alderman Crowe declared a conflict of interest and abstained
from voting on this matter.
No. 518 - City Manager - Re: Development Plan Approval - Proposed Commercial
Building, Woodlawn Shopping Centre on the Northeast Corner of DorcheSter Road
and Dawson Street. The report recommends approval of the subject development
plan.as submitted.
ORDERED on the motion of Alderman Stewart, seconded by Alderman Fare, that the
report be received and adopted. Carried Unanimously.
No. 519 -City Manager - Re: Ontario Building Officials Association Conference.
The report recommends the attendance of the Building & Development Co-ordinator
at the subject conference to be held in London, Ontario from October 31st to
November 3rd, 1977.
ORDERED on the motion of Alderman Stewart, seconded by Aldermah Fare, that the
report be received and adopted. Carried Unanimously.
No. 520 - City Manager - Re: Municipal Engineers Association 18th Annual Fall
Workshop. The report recommends the attendance of three members of the
Municipal Works Department at the subject workshop to be held in Etobicoke,
Ontario from November 22rid - November 25th, 1977.
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
No. 521 - City Manager - Re: Psrking Prohibitions. The report reconnnends the
prepsration of the necessary parking by-lsws'to: 1) Prohibit parking on both
sides of 8tamford Street from Florence Avenue to Heywood Avenue; 2) Prohibit
parking on both sides of MaRae Street from Victoria Avenue 100' westerly;
3) Limit the maximum parking period to two hours on the south side of Robinson
Street from Ross Avenue to Grey Avenue; 4) Prohibit parking at all times from
the southerly side of Briarwood Avenue adjacent to Meadowvale Park; and 5 )
Prohibit parking at any time from the northerly side of Nelson Crescent from
its east limit to its west limit.
ORDERED on the motion of Alderman Stewart, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 522 - City Manager- Re: Special Event Charges at Arenas. The report
recommeuds approval of guidelines for special event charges at City Arenas.
The Projects & Services Engineer elaborated on the guidelines as
enumerated in the report end explained that the rates have been left flexible
to allow for some negotiation. The amounts mentioned have been in use by
ell arenas for the past year, and those people who have hooked in advance
will be given first consideration as opposed to special events.
OREgRED on the motion of Alderman Stewart, seconded by Alderman Mann, that
the report be received and adopted. Carried Unanimously,
No. 523 ~ 'City Manager - Re~ Request of Niagara Falls Kinsmen Club... The report
/advises that a request has been received from the Niagara Falls Kinsmen Club
-6-
for a reduction in the fee charged for use of the Niagara Falls Memorial
Arena during a convention held in May of this year. It is recommended that
no reduction in rental rates be granted, but that Council consider a $700
grant to .the Kinsmen Club.
ORDERED on the motion of Alderman Stewart, seconded by Alderman.Dilts, that
the report be received and adopted. Carried Unanimously.
No. 524 - City Manager - Re: Businesses on Lundyss Lane. The report refers
to a petition submitted by owners and tenants of bus ins,sea on Lundy's Lane
regarding the problem of mud and slush splashing on pedestrians and buildings
in the area from the traffic on Lundy's Lane. In that no practical solution
to the problem can be recommended, it is suggested that City snow removal
forces be requested to take particular care in this area, and that the
petition be received and filed.
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that
the report be received and adopted, and copies sent to the persons whose names
appeared on the petition. Carried Unanimously.
No. 525 - City Manager - Re: Fencing Contract. The report recommends acceptance
of the quotation submitted by Lundy Steel Limited for the supply and .installati~
of fencing in various City parks.
ORDERED on the motion of Alderman Schisle~, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimous ly.
See Resolution No.
No. 526 - City Manager - Re: Stop Signs. The report recommends that the necess
by-law be passed to allow the erection of a stop sign on Uppers, Lane at its
iintersection with Beechwood Road.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman SobQ1, that
the report be received and adopted. Carried UnanimOusly. '
No. 527 - City Manager - Re: Resolutions from Other MUnicipalities.
1) City of Stratford - Requesting the Province to provide legislation to allow ~
individual municipalities to pass by-laws prohibiting the sale of non-returmI
soft drink containers.
Rec(Mmnendation - That the resolution be received and filed.
2) City of Windsor - SugSesting that the Ontario Reritage~et be extended to
provide authority to designate buildings owned by the Province.
Recommendation - That the resolution be endorsed..
3) City of WindSor - Requesting an amendment to The Municipal Act to increase~
the fine payable on conviction of leaving the keys in a motor vehicle.
Recommendation - That the resolution be endorsed.
4) Township ofCharlottenburgh - Requesting that the issue of capita~ pudishmen~
-be the subject of a national referendum.
Recommendation - That the resolution be received and filed.
5) City of Windsor - Requesting the Province to use market value assessments for
the purpose of resource equalization grant calculations.
Reco~mendation - In view of the possible adoption of market value
it is recommended that the resolution be received and filed.
6) Regional Hunicipality of Ottswa-Carleton - Requesting the Province to develop
a standardized pedestrian crossover traffic control device having uniform
legislation and uniform operating methods for application across Canada.
Rec~endation - That the resolution be endorsed.
7) City 6f London - Recommending that =he Province establish uniform rnsulati0~
· '-covering motorbikes.
Recommendation - That the resolution be endorsed.
Alderman MacBath felt~ that while thenintent of the .third. resolution was to
act, as a deterreuben the.theft of vehicles~,:the,end~ras~.lt~would:,prove,~to~ ::
be a penalty t~the victim of a stolen v~hicle.
It was moved by Alderman Mann, seconded 'by Alderman Stewar.t, that the
-resolution of the City of Windsor be endorsed. The motion was Defeated by
the following vote:
AYE: Alde~nen Chessman, Mann and Stewart.
N~Y~.: Aldermen Crows, Dilts, Fare, Jaluvka, MscBain, Schisler, and-Sobol.
It was then moved by Aldermen Cheesn~n, seconded by Aldermsn MseBein, t~
the resolution of the City of Windsor (#3) be received and filed, and the
as amended, be received an4 adopted. The motion Car.tied with Alde~nan~Mann.,
voting contrary, and all others in f~vour.
No. 528 - City Manager - Re: gxcb~qe of Land, Portage Road/Churches. Lane Are~.
The report ~ecommends the sale Of e triangular piece of land to Hr, R, Fleas
- 7-
for the sum of $300.00 which represents the increase in property value since
the City's original purchase of the lands, plus the cost of preparing the
necessary reference plan.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
No. 529 - City Manager - Re: Lapse of Draft Plan Approval - Westway Estates.
The report recommends that Council, by resolution, agree to a one year extension
of the draft plan approval for Westway Estates Subdivision, and that the
Ministry of Housing be notified accordingly.
ORDERED on the motion of Alderman Mann, seconded by Alderman MacBain, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 121
No. 530 - City Manager - Re: Lease of Office Space - Niagara Trans it. The report
recommends that the annual rental fee for lease of office space in City Hall by
Niagara Transit be increased to $5,800 for the year 1977, and $6,400 for the year
1978.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
No. 531 - Loan Review. Cemmittee - Re: Applications for Assistance..The report
recommends approval of three applications for assistance under the Ontario Home
Renewal Programme, and one application under the Ontario Home Renewal (Rental)
Programme.
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the
report be received and adopted. Carried Unanimously.
No. 532 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the
report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. '113 - See Page One
No. 114 - MANN - SOBOL - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 77-220, for the rezoning
of two parcels of land located on the north side of McLend Road between Donald
Avenue and Stanley 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 9orporation be hereto affixed.
Carried Unanimously
No. 115 - MANN - JALUVKA - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 77-221, for the rezoning
of Part of Township Lot 133, on the east side of Beaverdams Road, conforms to
Official PlanAmendment No. 28 of the Niagara Palls Planning Area, as amended
and approved by the Minister of Housing; AND the Seal of the Corporation be
'hereto affixed. ~"
Carried with Alderman
: Crows abstaining on a
. conflict of interest,
and all others voting
in layout.
No. 116 - SCHISLER - RERA - RESOLVED that the quotation submitted by B.K. & B.
Truck Bodies Limited for the supply of a rescue utility body for installation
on a chassis supplied by the Fire Department, be accepted at the quoted price
of $8,339.00; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 117 - STEWART - MANN - RESOLVED that the tender submitted by Shell Oil
Company for the supply of the 1977/78 fuel oil heatinS requirements, be
accepted st the tendered price of $0.4000 per gallon; AND the Seal of the
Corporation be hereto affixed.
Carried Unsnimously
No. 118 - SCHISLER - STEWART - RESOLVED that the prices submitted by Firestone
Stores Limited for the supply of tires, tubas, tirc repair and service, for the
balance o~ the tender period ending March 31st, 1978, be accepted; AND the
Seal of the Corporation be hereto affixed.
Carried Unanimously
-8-
- 9 -
No. 119 -CHEESMAN - STEWART - RESOLVED that the unit prices submitted by Covelli
grog. Limited for the installation of a 12" watermain on Falls Avenue be acceptel
at the quoted price of $44,548.25; AND the Seal. of the Corporation be hereto
aff/xed.
Carried Unanimously
No. 120 - SCHISLER - STEWART - RESOLVED that the quotation submitted by Lundy
Steel Limited for the supply and installation of fencing for various City parks,
be accepted at the quoted price of $22,696.00; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously
No. 121 - M~NN - MACgAIN - RESOLVED that the Council of the Corporation of the
City of Niagara Palls agrees to the extension of the date of the draft plan
approval for the Westway Estates Subdivision; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously
No. 122 - MAC~AIN - STEWART - RESOLVED that a message of condolence be conveyed
to the family of the late Mr. Ben Prior, an employee of the Corporation for maT
years, and a respected citizen of the community; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously
BY- IAWS
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that leave
be granted to introduce the following by-laws, and the by-laws be read a first
time:
No. 77-220 - 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. (AM-14/77)
No. 77-221 - 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. (AM-32/77)
No. 77-222 - A By-law to authorice an exchange of land witff'Donrado Properties
No. 77-223 - A By-law to authorize the construction and installation'of a
watermain on Falls Avenue.
No. 77-224 - A By-law to authorize the execution of a site plan agreement with
Marry T. Marterr and Audrey L. Marrett.
No. 77-225 - A By-law
to provide monies for general purposes.
Carried with Alde~
Crowe abstaining on
conflict of interest
on By-law 77-221, ae
all others voting in
fayour.
ORDERED on the motion of Alderman Fera, seconded by Alderman
following by-laws be now read a second and third time:
No. 77-220 - A By-law to amend By-law No. 2530, 1960 of the
Stamford,,now'in the City of Niagara Falls, as
No. 77-221 - A By-law to amend By-law No. 2530, 1960 of the
8tamford, now in the City of Niagara Falls, as
No. 77-222 - A By-law to authorize an exchange of land with
Schisler., that the
former Township of
amended. (AM-14/77)'
former Township of
amended. (AM-32/77)
Donredo propertiesl
No. 77-223 - A By-law to authorize the construction and installation of a water'
on Falls Avenue.
No. 77-224 - A By-law to authorize the execution of a site plan agreement with
., ~a Harry T. Marrett and Audrey L. Merrett.
: . = No. 77-225 - A By-law t0 Provide monies for general purposes.
Carried with Alder~
Crows abstaining 0n
conflict of interes[
on By-law 77-221, a~-
all others ,voting
fayour.
PROPOSED 1978 CAPITAL BUDGET
Report No. 533 - City Manager - The report provides information on the proposed
1978 Capital Budget and five year capital expenditure forecast.
Alderman Crowe requested that this item be tabled for at least two weeks,
as hefelt that insufficient time had been allowed for Council to consider the
budget. In reply to Alderman Crowe's question, the Director of Municipal Works
stated that the Regional Municipality of Niagara had requested that all
proposed capital budgets for 1978 be submitted by the area municipalities by
October 31st, 1977.
ORDERED on the motion of Alderman Crows, seconded by Alderman MacBain, that
the report be tabled for two weeks, and that the Regional Municipality of Niagara
be advised accordingly. Carried Unanimously.
NEW BUSINESS
DRIVEWAY AT SYLVIA PLACE MARKET
Alderman Mann referred to the condition of a driveway leading from Main
Street to the Sylvia Place Market, and advised that on several occasions, he
had seen a number of elderly persons stumble and fall. While the driveway
may be on private property, the Alderman suggested that the condition of the
driveway be inspected fn an attempt to prevent further injuries.
SIDEWALK ON PORTAGE ROAD
Alderman Dilts drew Council's attention to the condition of the sidewalk
on the east side of Portage Road between Trinity Church and the Weightman Bridge.
The sidewalk is in a bad state of disrepair, and the Alderman requested that
staff check into the matter, and make the necessary repairs.
4908 ROBERTS STREET
Alderman Fera referred to a property at 4908 Robert, Street which is owned
by the Ministry of Transportation & Communications, but is still used as a
residence. The Alderman explained that while the family living in the house
was on Welfare~it was no excuse for the behaviour of the children or the
neglect of the property. The Building & Development Co-Ordinator indicated
that the matter had come to his attention a number of months ago, however he
had no authority to act in the situation. The problem appeared to rest with
the attitude of the persons in question. It was advised that the Social
Services Department was attempting to find a home in a different location for
the family to occupy.
It was moved by Alderman Schisler, seconded by Alderman Crowe, that the
meeting adjourn.
READ AND ADOPTED,
THIRTY-EIGHTH MEETING
Cormnittee Room ~1
November 7, 1977
COMMITTEE OF THE WHOLE
Council met in Conmittee of the Whole at 7:00 p.m. on Monday, November 7,
1977. All members of Council were present with the exception of His Worship,
Mayor Bukator and Alderman Sobol. Alderman MacBain presided as Chairman.
Following cons ideration of the items presented, the Committee of the
Whole arose without reporting.
READ AND ADOPTED,
Council Chambers
November 7, 1977
Council met on Monday, November 7, 1977 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present wi~h the
exception of His Worship, Mayor Bukator.and Alderman Sobol.
RESOLUTION
No. 123 - CHEESMAN - JALUVKA - RESOLVED that Alderman S.W. Thomson be appointed
Presiding Officer in the absence of His Worship, Mayor Bukator, for the meeting
of November 7,-1977; AND the Seal of-the Corporation be hereto affixed.
Carried Unanimously
Aldermen Orr offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that
the minutes of the meeting of O~tober 24, 1977, be adopted as printed. Sattied
Unanimously.
UNFINISHED BUSIt~SS
PARKING OF CO~R4ERCIAL AND OTHER VEHICLES IN RESIDENTIAL AREAS
Report No. 533 -.City Solicitor - The report advises that four amending by-laws
have been prepared for Council's consideration, which will limit the maximum
number of.'vehicles permitted to be parked at a private residence.
ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See By-laws 77-226,
77-227, 77-228 and 77-229
COMMUNICATIONS
No. 140 - Mrs. O. Spencer - Re: Development in Chippawa/Willoughby Area. The
communication requests a clarification of Alderman Stewart's position in the
future development of the Chippaws/Willoughby area.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Fare, that the
communication be received and filed. Carried Unanimously.
NOTE: Alderman Crowe declared a conflict of interest and abstained from
voting on the matter.
No. 141 - Regional Municipality of Niagara - Re: 911 Telephone System. The
communication requests the comments of the Municlpality with respect to a
report ofThe Regional Finance Committee concerning the 911 telephone system.
-2-
-3 -
Alderman Mann asked if an emergency call for the Fire Department was
made using the 911 system, if the call would go directly to the Fire Department,
or to the Police Depertment end then be relayed to the Fire Department.
Alderman Thomson advised that the call would go through the central system
of the Police Department and would then be relayed to the Fire Department.
He further advised that of the twelve fire chiefs in the Region, all are
opposed to the 911 system for that reason.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fete, that
the communication be referred to staff for study in conjunction with the
preparation of a report requested by Cquncil on the 911 system. Carried
Unanimously.
REPORTS
No. 534 - City Manager - Re: Lots 11, 12, 13, 14 & 28, Plan 263 (Formerly Plan
14, Village of Chippaws). The report recommends approval of a reqeest from
River Realty Development (1976) Inc. to remove the tourist commercial use from
the zoning of the subject property, and that the City Solicitor b~ authorized
to prepare the,.nece~sary amending by-law. ~ '- .... "
Alderman Fera pointed out that this request had not been considered by
the Planning &Development Committee, and stated that while the request was
to remove an existing use from the zoning, the matter should be considered
by the Committee in the same manner as requests for changes in zoning.
ORDERED on the motion of Alderman Fete, seconded by Alderman Stewart, that
the report be referred to the Planning & Development Committee for consideration,
The motion Carried with the following vote:
AYE: Aldermen Dtlts, Fete, Jaluvka, Orr, Schisler and Stewart.
NAYE: Aldermen Chessman, Crown, Mann and MacBale.
No. 535 - City Manager - Re: Zoning By-law 76-245, Plan M-59, Bambi Estates
Subdivision. The report recommends passage of a by-law to re-enact clauses
with respect to side yards in the Bambi Estates Subdivision that were
included in the original by-law for this subdivision.
ORDERED on the motion of Alderman Mann, seconded by Alderman MacBain, that
the report be received-and adopted. Carried Unanimously.
'~e Resolution No.
See B]-law No. 77-23~
No. 536 - City Manager - Re: Regional Housing Policy Draft Report. The report
reconunends that Council support the general form and content of the Draft
Regional Housing Policies report and that City Council state its concerns
about the-effects of Policies 2, 17, 18, 19 and 20 and reco-~n~ndcthat they be
reconsidered as indicated in this report.
Alderman Cheesman referred to the section of the report dealing with
demonstration projects, and asked if this provision would mean that only the
Region would carry out demonstration projects, or if the City itself could
carry out or initiate a demonstration project. The City Manager indicated
that the City as well as the Region could initiate such projects...!~
ORDERED on the mDtion of. Alderman ~Crewe,~seconded by Alderman MacBain, that
the report be received and adopted. tarried Unanimously.
No. 53Z - City Manger - Re: Purchase of New Equipment. The report reconnnends
acceptance of tenders submitted for various pieces of equipment.
ORDERED on the motion of Alderman Fete, s.econded by Alderman.Stewart, that the '
report be received and adopted. ~Carried Unanimously.
See Resolution No. 1~
No. 538 - City Manager - Re: Sale of and Replacement of City Equipment.
report recommends acceptance of a tender submitted by Wheels, Brakes and
Equipment Ltd.. for s Van-All ~RiOA.
The
The Director of.Municipal Works advised that this piece of equipment
will sweep at the same time as vacuum, and eliminstes the need for two passes
of each street which presently takes place with existing equipment.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
See Resolution No.
No. 539 ~ City Manager - Re: Construction of, Underground Services in Rainbow
Gardens Bubdivision. The report recc~suends the installation of services in a
portion of ~he~Rainbow-eardens Subdivision adjacent to the Banhi Estates
Subdivision, and that the contractor working in the Bambi Estates Subdivision
be requested to extend his prices to include the servicing of a part of the
Rainbow Gardens Subdivision.
ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 540 - City Manager - Re: Proposed "Desson Subdivision", J.A.C.K. Holdings.
The report recommends adoption of a revised plan subject to one foot reserves
being established on the street flankages of Blocks "D" and "J", and further
that all other conditions imposed on the original plan remain in effect, with
the exception of condition number one which applied to rezoning.
ORDERED on the motion of Alderman Crowe, seconded by Alderman Fare, that the
report be received and adopted. Carried Unanimous ly.
No. 541 - City Manager - Re: C.M.H.C. Grant for Bambi Estates Subdivision. The
report reconmends passage of a resolution authorizing an application to be
submitted for a federal grant available through the Central Mortgage and Housing
~Orp~ration under Part VIII of the National Housing Act, for the construction of
certain trunk storm sewers in the Bambi Estates Subdivision.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 127
NOTE: Alderman Crowe declared a conflict of interest and abs rained from
voting .on this matter.
No. 542 - City Manager - Re: Proposed Valley View Subdivision. The report
recommends that the City indicate it has no objections to a six months extension
of the draft plan approval of the Minister of Housing relative to this
subdivision.
ORDERED on the motion of Alderman Crown, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 128
No. 543 - City Manager - Re: Pumping Stations under the Jurisdiction of the
City of Niagara Falls. The report recommends that the City petition the
Regional Municipality of Niagara to assume all pumping stations within the
City of Niagara Falls both from an o~erating and financial responsibility
point of view.
In response to questions. raised by Aidemen Cheesman and MacBain, the
Director of Municipal Works explained that the City presently pays 100% of the
cost of maintenance for pumping stations under the Jurisdiction of the City.
In addition to that fee, the City pays 20% of the cost of operation for all
other pumping stations in the Region.
Regional Councillor Smeaton stated that the City of Niagara Falls was the
only municipality in the Region with pumping stations under its jurisdiction.
All other municipalities in the Region have transferred responsibility for
pumping stations to the Region. Mr. Smeaton further stated that the City had
been at a financial disadvantage for a number of.years because it had not
transferred responsibility of pumping stations to the Region. The Director
of MuniCipal Works advised that it had been the position of the City that
pumping stations which do not meet the criteria of a Regional pumping station
should be maintained by the area municipalities. It was further advised that
Council has supported this position on numerous occasions in the past.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart,
that the report be received and .adopted. Carried Unsnimously.
No. 544 - City Manager - Re: Modified Standards Workshop for N.I.P. and R.R.A.P.
The report recommends the attendance of two members of the Building & Development
.Department at the subject workshop to be held in Toronto from November 14 - 17,
1977.
In response to s question raised by Alderman Cheesman, the Building
and Development Co-ordinator explained that the standards will be modified
to remove certain generalities under both prograunes. It was also advised
that the N.I.P. programme covers administration costs for the municipality
which includes sslaries, and there would be no cost involved to the City.
ORDERED on the motion of Alderman Crows, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
No. 545 .-'CityManaSer - Re: 1978 M.T.C. Courses and 1978 M.E.A./M.O.E, Training
Courses. The report reconnends the attendance of twelve members of the Municipal
-4-
-5 -
Works Department at courses sponsored by the M.T.C. and four members of
the Department at courses sponsored by the M.E.A. and M.O.E.;during January,
February and March of 1978.
Alderman Crows asked if all sixteen members of the Department would be
attending the courses at the same time. The Director of Municipal Works
advised that the courses would be staggered during the months of January,
February and March, and there would be no more than three or four employees
away at any given time.
ORDERED on the motion of Alderman Fern, seconded by Alderman Stewart, that
the report be received and adopted. The motion Carried with Alderman Crows
voting contrary, and all others voting in favour.
No. 546 - City Manager - Re: Parking on Ontario Avenue from Huron to Morrison.
The report reconmends the erection of two-hour parkingmeters on both sides of
Ontario Avenue from Huron to Morrison Street.
Alderman Orr who resides on Ontario Avenue, advised that over the years
he had watched development in the area, and the resulting increase in traffic.
Following the recent construction of the new police building, the parking
situation became a problem. The Alderman advised that 80% of the persons
parking on this section of Ontario Avenue now, are employees in the new police
building. Because of the amount of traffic generated in the area now, there
have been many accidents, one as recent as the previous week. One of the
accidents at the intersection had resulted in a fatality. The Alderman stated
that he had tried for a number of years to have a stop light installed to
control the safety hazard, and instead, meters would be installed to further
compound the problem. Alderman Orr felt the priority should be the accident
problem.
Alderman Crows referred to a small parking area less than a block from
the section of Ontario Avenue in question, that was leased to a private interest
for parking purposes. It was advised at that time, that the parking area was
seldom used, ap~ now less than a block away, there is a serious parking probhm
and meters are being suggested. The Projects and Services Engineer .indicated
that the City had originally received complaints-from residents of that section
of Ontario Avenue who couldn't find a place to park or for'el{sir visitors to
park. In order to reduce the amount of parking by employees of the police
building, staff had reconmlended to the Parking Committee that meters be
installed on one side of Ontario Avenue. The Couauittee did not agree with
thee staff suggestion, and recommended to Council that meters be installed on
both sides. The meters would free a few spaces so that the residents and
area businesses woutd benefit. With regard to the lease of spaces in a small
municipal lot to Permadev Limited, the parking area was not used when it was
s metered lot, and the City wss now receiving more revenue from the lease of
the spaces than it was from the metered spaces. Meters w~uld also better
outline the parking spacessand would provide a less obstructed view of traffic
from the intersection.
Alderman Mann felt that the reaommendation to add more meters downtown was
only hurting the area. The Alderman also indicated that he disliked having to
pay for parking to shop downtown, end suggested that the meters be taken off
the streets and put into parking lots. The Projects & Services-Engineer stated
that the Parking C~lttee has hoped for many years to be able to provide
free parking downtown,.however the ~ost o~ providing sufficient ~f-~treet
parking in the downtown area was prohibitive, It was pointed out that Niagara'
Square could provide parking for less than half the price of acquiring land in
the downto.~n. area. for parking purposes, Revenue from parking meters is used
to obtain the additional lands required for parking, and the people doing the
parking.should be paying for that through the use Qf meters, not persons who
do not drive downtown. Meters convehiently limit the length of time for parki~
and would eliminate the majority of parking by employees in the'new police
buil4ing.
Following further com.mnt, it was moved by Aldermen Chessman, seconded by
Aldermen Stewart, that the report be received end adopted. The motion was
Defeated with the following vote:
AYE: Aidemen Chessmen, Jeluvka, 8thislet and Stewart. -
NAVE: Aidemen Crows, Dilts, Fare, MacBain and Mann.
It wee then moved by Alderman Crows, seconded by Alderman Fare, that the
report be teasired and filed. The motion Carried with the following vote:
Aidemen Crows, Dilts, Fore, Jaluvke, Mac.Be. in and .l~.nn~
Aldermen Chessmen, Schisler and 8te~s=t.
Aldermen Orr abstained from voting on the matter.
No; 547 - City Manager - Re: Parking in the Downtown. The report recommends
that free parking be provided at all on-street meters in the downtown area after
3:00 p.m. each day and that all parking in downtown lots be free at all times
from November 17th to December 31st, 1977.
ORDERED on the motion of Alderman Crowe, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 548 - City Manager - Re: Parking on Royal Manor Drive. The report recommends
that a 1-hour parking limit be established on the westerly side of Royal Manor
Drive in front of Modern Plumbing Centre and that no changes be made on the
balance of the section of roadway.
ORDERED on the motion of Alderman Crowe, seconded by Alderman Stewart, that the
report be received and adopted. Carried Unanimously.
No. 549 - City biansger - Re: Observance of Boxing Day. The report advises that
in accordance with the Retail Business Holidays Act, all retail stores, with the
exception of those exempted in the Act, shall remain closed on Boxing Day, 1977.
ORDERED on the motion of Alderman MacBsin, seconded by Alderman Orr, that the
report be received and filed. Carried Unanimously.
No. 550 - City Manager - Re: Amendment to Dog Control By-law No. 75-253, As
Amended by By-~w No. 77-59. The report recommends certain amendments to the
dog control by-law.
The City Clerk requested that the report be deleted from the agenda, as
a question had arisen on a legal point with respect to the by-law.
ORDERED on the motion of Alderman Fern, seconded by Alderman Crows, that the
report be deleted from the agenda. Carried Unanimously.
No. 551 - City Manager - Re: Puss ible Closing and Sale of Part of Dayman Avenue.
The report recommends that a portion of Dayman Avenue be closed and offered to
the adjoining owners, subject to the proposed purchasers entering into an
agreement of purchase and sale of the subject street allowance at a price to be
determined by an appraisal or an opinion of value and subject to the owner of
Lot 93 executing the documents required to release to the purchasers his
interest in the closed street.
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
No. 552 - City Manager - Re: Sale by Ontario Hydro of Part Lots 67 & 83,
Thorold Stone Road. The report reconm~ends that Ontario Hydro be notified that
the City has no interest in acquiring the said lands at the present time, and
that the Regional Municipality of Niagara .be informed of the availability 'of
the lands.
ORDERED on the motion of Alderman Crows, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
NOTE: Alderman Mann abstained from voting on a conflict of interest.
No. 553 - City Manager - Re: Exemption of Part of Lot 96, Part of Lot 97 and
all of-Lot 98, Plan 310, from Part Lot Control. The report recommends that
Council approve the passing of a by-law exempting the subject lands from part
lot control, and that following approval by the Region, registration of the
by-law be the responsibility of the applicant.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Mann, that
the report be received and adopted..Carried Unanimously.
NOTE: Alderman Crowe was absent when the vote was taken on this matter.
No. 554 - City Manager - Re: Resolutions from Other Municipalities.
1) Ontario Woman's Christian Temperance Union - Requesting the Ontario Government
to pass legislation raising the legal drinking age to 19 years.
Recommendation - For the consideration of Council.
2) Borough of Etobiooke - Requesting that the exposure of pornography to children
be the s~bJect of a meeting between the Provincial Attorneys General and the
Provincial Solicitors General.
Recommendation - Thst the resolution be. endorsed.
City of Toronto - Requesting the Province to restore the spirit of the
Edmonton C~u~itment,
Reoanmendetion - That the resolution be received and fried.
Town Of Dundss - Requesting the Postmaster General to remedy the present
ineffi~ient postal service and to include a member of the public on future
bargsining negotiations.
RecommendsCion-That the resolution be received and filed.
3)
4)
5) Town of Fort Erie - Supporting the appeal of Grey Coach Lines Ltd. against
e decision of the Ontario Highway Transport Board, relative to East Canadian
Greyhound Lines Ltd.
Recommendation - That the resolution be endorsed.
6) Township of McNab - Suggesting that any new housing built in any one year but
not occupied, be assessed at one-third va 1us of completion in that year, two-
thirds value of completion in the second year, and full value in the third
year.
Recommendation - It is recommended that the resolution be not endorsed and
the Township of McNab be informed of the procedure used in this Assessment
Region with the hope that comparable procedures might be used in their
municipality.
During consideration of the resolution regarding the drinking age, several
members of Council commented that the problem of young people drinking would
not be solved by raising the age one year, but could be improved by stricter
enforcement of the existing laws. It was also acknowledged that the problem
of teenagers.under the age of_eAghteen. drinking, was contributed to greatly by
the lowering of the drinking age a number of years ago, and lack of strict
enforcement of the law.
It was moved by Alderman Fera, seconded by Alderman Orr, that the
resolution of the. Ontario Woman's Christian Temperance Union be received and
filed. The motion carried with the following vote:
AYE: Aldermen Chessman, Crows, Dilts, Fern, Mann, Orr, Schisler and,;Stewart.
N~YE: Aldermen Jaluvka and MacBain.
With respect to the resolution of the Town of Fort Erie regarding the
appeal of Grey Coach Lines to the Ontario Highway Transport Board relative
to East Canadian Greyhound Lines, Aldennan Cheesman expressed the view that
while he sympathized with the employees of Grey Coach in Fort Erie, it has
yet to be shown that Grey Coach service would deteriorate as a result of
allowing Greyhound to operate over a major Grey Coach route. Aldermen Jaluvka
pointed out that such a move would reduce the revenue of Grey Coach to a point
it would no longer be a profit making venture, and could force the establishment
of a Provincially o~ned bus service.
It wss moved by Alderman Mann, seconded by Alderman Dilts, that the
of Fort Erie be endorsed. The motion Carried with
resolution of the Town
the foiling vote: SC e
AYe: Aldermen Dilts, Fera 3aluvka MacBain Mann Orr~ his1 r and Stewar~
NAYB: Aldermen Cheesman end Crowe.
It waa moved by Alderman Mann, seconded by Alderman Orr, that the report
as emended, be received and adopted. The motion carried with Aldermen 3aluv~
end MacBain voting contrary with reepect to the first reshlution, Aldermen
theesmart and Crows voting contrary with respect to the fifth reaolution~ and
ell others voting in fayour.
No. 555 - City Manager - Re: Request;for Closing and Conveyance of Unopened
Road Allowances between Township Lots 9 and 10 and between Township Lot 9
and Gore Lot 12, Stamford. The report recommends that Council confirm the
earlier action taken by a previous Council in 1971, and that the necessary
advertising for closing of the unopened road allowances be proceeded with.
ORDERED on the motion of Alderman M~nn,:seeonded by Alde=manrCheesman, that
the report be received and adopted. Carried Unanimously.
No. 556 - City Manager - Re: Debenture Issue. The report recommends that
the Regional Municipality of Niagara be requested to issue debentures for the
purposes of the City of Niagars Falls. '.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Jeluvka, that
the rgport be received and adopted. carried Unanimously.
gee Resolution
No. 557 - City Manager - Re: Building P~rmits, The report provides a breakdow~
of the permits issued by the Buildin~ & Development Department for the month of
October, 1977.
ORDERED on the motion of Aldermn Mann, seconded by Alderman Orr, that the
~e~ort be received and filed. Carried Unanimously._ ·
No. 558 - City Manager - Re:.Hunicipal Accounts. The report recommends payment
of the municipal accounts.
~!fl)ERED on the motion of Alderman Orr, secon.ded,bFAlderman Dilts, that the
~eVort be received and ~dopted. Ca!~ied'!Inanimously.
- 7-
RESOLUTIONS
No. 123 - SEE PAGE ONE
No. 124 - MANN - MACBAIN - RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby certifies that By-law No. 77-230, to amend
the zoning of lands in the Bambi Estates Subdivision, 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 with Alderman
Crows abstaining on a
conflict of interest,
and all others voting
in favour.
No. 125 - FERA - STEWART - RESOLVED that the following tenders submitted for
the supply of various pieces ofequipment, be accepted at the tendered prices:
One (1) Bituminous Sprayer
Marathon Equipment Ltd. $ 3,570.86
Two (2) Single Axle Trucks.
· Archer Truck 34,364.12
Two (2) 20 Cu. Yd. Packers
Peabody Eng. Canada 23,315.30
One (1) Truck Cab with Chassis
Archer Truck 23,861.00
; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 126 - CHEESMAN - DILTS - RESOLVED that the tender submitted by Wheels, Brakes
and Equipment Ltd. for a Vat-All ~ElOA,~be accepted at the tendered price of
$45,975.00; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 127 - MACBAIN - CHEESMAN - RESOLVED that the City of Niagara Falls hereby
makes application for a Federal Grant, available through the Central Mortgage
and Housing Corporation under Part VIII of The National Housing Act, for the
construction of certain trunk storm sewers in the Bambi Estates Subdivision
for the Estimated Eligible Costs of $227,158.98 with an estimated grant of
$37,859.83; AND the Seal of the Corporation be hereto affixed.
Carried with Alderman
Crows abstaining on a
conflict ofinterest,
and all others voting
in fayour.
No. 128 - CROWE - FERA - RESOLVED that the Council of the Corporation of the
City of Niagara Falls agrees to the extension of the date of the draft plan
approval for the Valley View Subdivision; AND the Seal of the Corporation be
hereto affixed.
Carried Unanimously
No. 129 - CHEESMAN - JALUVKA - RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby requests the Regional Municipality of Niagara
to issue debentures in accordance with the terms and amounts set out below,
and further that the City confirms ~at it has entered into a contract. for, or
authorized the commencement of all works herein listed:
Construction
By-law Number
75-188
73-268
75-152
76-120
76-120
76-99
O.M.B. Number
Einancing Request
Retirement
Term
E752241 $ 45,000 10 Years
E732176 30,000 10 Years
E752242 145,000 -10 years
E761269 50,000 10 Years
E761269 35,000 10 Years
E76-99 50~000 5 Years
$405,0'0'b'
; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
-8-
BY- lAWS
ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
No. 77-226 - A By-law to amend By-law No. 5335, 1955, as amended. (Parking
of Co~nercial and Other Vehicles)
No. 77-227 -
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. (parking
.of Commercial and Other Vehicles)
No. 77-228 -
A By-law to amend By-law No. 974 (1955) of the former Village of
Chippawa, now in the City of Niagara Falls, as amended. (Parking
of Commercial and Other Vehicles)
No. 77-229 -
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. (Parking
of Commercial and Other Vehicles)
No. 77-230 -
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. (Bsmbi
Estates Subdivision)
No. 77-231 -
A By-law-to authorize the construction and installation of certain
sewer and water service laterals, together with appurtenances therot
for the proposed Rainbow Gardens Plan of Subdivision.
No. 77-232 - DELETED
No. 77-233 - A By-law to amend By-law No. 7531, being a By-law to provide for the
erection of stop signs at intersections. (Upper~s lane & Beechwon
No. 77-234 -
A By-law to amend By-law No. 3790, being a By-law for the regulation
of traffic. (Parking Prohibitions on Stamford Street, MoRse Street,
Briarwood Avenue, Nelson Crescent and Robinson-8~reet)
No. 77-235 - A By-law to authorize the execution of a lease with the Niagara Park
Commission for the use of lands and buildings on the Niagara Boulevz
No. 77-236 - A By-law to amend By-law No. 77-21 providing for appointments to
certaim~Boardss Commissions and Committees.
No, 77-237 - A By-law to provide monies for general purposes.
Carried with Aldermn
Crowe abstaining one
conflict of interest
on By-law No. 77-230,
and all others voting
in fayour.
ORDERED on the motion of Aldermen Mann, seconded by Alde,n~an Orr, that the
following by-laws be now read a second and third time:
No. 77-226 - A By-law to amend By-law No. 5335, 1955, as amended. (Parking of
Commercial an~Other Vehicles)
No. 77-227 -.A By-law tO amend By-law No. 2530, 1960 of the formerq:~ownship of
Stamford, now in the City of Niagara Falls,: as amended. (Parking
of C~u~srcial and Other Vehicles)
No. 77-228 -
A By-law to amend By-law No. 974 (!955) of the former Village of
Chippaws, now in the City of Niagara Falls, as amended. (Parking
of Commercisl end Other Vehicles)
No. 77-229 -
A By-law to amend By, law No. 395, 1966 of the former Township of
Willoughby, now in the City of NisSara Falls, as amended.. (parking
of Commercial and Other Vehicles)
No. 77-230 - A By-law to amend By-law No. 2530, 1960 of the former Township of
Stemfords now in the City of Niagara Falls, as amended. (Bambi
.. Esta2es Subdivision)
-9-
No. 77-231 -
No. 77-232 -
A By-law to authorize the construction and installation of certain
sewer snd water service laterals, together with appurtenances
thereto for the proposed Rainbow Gardens Plan of Subdivision.
DELETED
No. 77-233 -
No. 77-234 -
No. 77-235
No. 77-236
A By-law to amend By-law No. 7531, being a By-law to provide for the
erection of stop signs at intersections. (Upper% lane & Beechwood Rd.)
A By-law to amend By-law No. 3790, belng a By-law for the regulation
of traffic. (Parking Prohibitions on Stamford Street, McRae Street,
Briarwood Avenue, Nelson Crescent and Robinson Street)
A By-lsw to authorize the execution of a lease with the Niagara Parks
Commission for the use of lands and buildings on the Niagara Boulevard.
A By-law to amend By-law No. 77-21 providing for appointments to
certain Boards, Commissions and Committees.
No. 77-237 - A By-law to provide monies for general purposes.
Carried with Alderman
Crowe abstaining on a
conflict of interest
on By-law No. 77-230,
and all others voting
in fav our.
NEW BUSINESS
COMPLAINT RE: CANADIAN CUSTOMS
Communication No. 142 - Mr. R. Young, M.P. - The communication comments on the
complaint raised by Aldermen Crowe and Orr over an incident occurring with
Canadian Customs officials while returning to Canada from a visit to the United
States. The communication also comments on the personal reply Mr. Young
received from the Minister of Revenue Canada regarding the incident.
AND
Communication No. 143 - Minister of Revenue Canada - The co~auunication provides
a report on the investigation of the complaint raised by Aldermen Crowe and Orr
concerning an incident involving Canadian Customs officials.
Aldermen Crowe referred to a point raised in the letter that both he and
Alderman Orr had returned froms trip in the United States and were apparently
late for a Council meeting. The Alderman pointed out that he and Alderman Orr
returned from their trip on s Sunday evening, and there was definitely no
meeting of Council scheduled. The Alderman stated that while he did not wish
to comment further on the contents of the letters, he felt the treatment he
and Alderman Orr had received was not an isolated case, and a meeting should
be held with the person in charge of the department for a further explanation.
-Alderman MacBain agreed that the attitude of Customs officials displayed
towards AIdermen Crowe and Orr was prevalent throughout Canada and is hurting
tourism~ Alderman MacBain felt that the matter should be discussed with the
Federal Minister responsible for Canadian Customs.
Alderman Cheesmen pointed out that in the letters, both Mr. Young and the
Minister expressed the opinion that because Aldermen Crowe and Orr were members
of City Council, they felt they were entitled to special treatment. Alderman
thee,men stated that it was nonsense to think that any member of Council would
expect specialttreatment because-of the title and position they are privileged
to hold. Aldermen Fera felt that the problem was an isolated situation, and
that further discussion on the issue would not solve anythinB.
Following further comment, it was moved by Alderman Cheesmsn, seconded by
Alderman Stewart, that the communications be received snd flled. The motion
Carried with Alderman Crows voting contrary, and all o~hers in fsvour.
It was then moved by Alderman Growe, seconded by Alderman Orr, that a
meeting be requested with the appropriate Federal Officials to discuss the
matter further. The motion Carried with the following vote:
AYE: Aldermen Cheesmsn, Crows, Dilts, Fera, MacBsin, Orrand Schtsler.
NA"~: .Aldermen jaluvka, Mann and Stewart.
- 10 -
APPROVAL OF SUBDIVISIONS
Regional Councillor Smeston referred to a report considered earlier by
Council concerning the Regional Housing Draft Policy, and a question raised
by Alderman Chessman on housing developments. Regional Councillor Smeaton
advised that the Region now has authority for subdivision approval, and that
any demonstration projects involved in a plan of subdivision, would require
Regional approval.
TOURISM SLOGAN
Alderman Fern advised that Aidemann Sobol, who was unable to attend the
meeting, had requested that the matter of a slogan promoting tourism in Ontario,
be brought to the attention of Council. The slogan which appeared in a recent
article, read, "Got Plenty of Money? Visit Ontario, It~S-Geared:to You"."
The Alderman advised that while the intent of the slogan was to attract wealthy
visitors to Ontario, it had the reverse effect of saying that if you don*t
have plenty of money, donit come to Ontario. Aldernmn Fern stated that
Alderman Sobol feels the Minister of Tourism should be contacted and asked to
reconsider the wording of the slogan. It was moved by Alderman Fern, seconded
by Alderman MscBain, that the Minister of Industry and Tourism be requested
to reconsider use of the slogan. The motion Carrie__dwith the following vote:
AYE: Aldermen Crows, Dilts, Fern, MacBain, Mann, Orr, and Schisler.
N~YE: Aldermen Chessman, Jaluvha and Stewart.
SHRINSR'S CREEK LAND ACQUISITION
' : The Director ofMunicipal Works advised that it was now necessary to
carry out appraisals for the additional lands necessary for the Shriner's
Creek project. Quo~ations were requested from two appraisers, the firm of
l~eKenzie,,Elsley, Wilson & Associates, and Mr~ G~-:-Giles. Of the two quotations
submitted, that of MacKenzie, Elsley, Wilson & Associates was lower. The
Niagara Peninsula Conservation Authority has requested a resolution from the
City Council accepting one of the app=sisals. The Director of Municipal Works
recommended that the firm of MacKenzie, Elsley, Wilson & Associates be retained
by the Niagara Peninsula Conservation Authority to carry out the necessary
appssisals.
ORDERED on the motion of Alderman MscBsin, seconded by Alderman Stewart, that
the recon~nendation of the Director of Municipal Works, be adopted. Carrie__d
Unanimously,
Miss J. Grandoni, a resident in the Shriner's Creek area, referred to
the special committee set up to discuss the Shrinar*s Creek project which
included representatives from developers, the Niagara Peninsula Conservation
Authority and staff, and asked why none of the property owners in the ares
had been asked to serve on the Committee. The Director o~Municipal Works
advised that the committee was only involved in financing of the project.
It was further pointed out that property owners would be welcome to comment
on the construction and detail of the land use following construction.
1978 PROPOSED CAPITAL BUDGET
Report No. 533 - City Manager - The report provides an explanation of various
aspects.of the proposed 1978 Capital Budget and 5 Year Forecast.
AND
Report No. 559 -City ManeRat - Re: Debt Measurement. The report provides
information on a proposal of the Region to establish a system of debt
torbelmsed by the Region and area municipalities to determine debt.relationshiP.
Alderman MacEsin pointed out that the capital budget was an.extremely
important matter, and it would be unfair for Council to make a decision on
the capital budget when His Worship, Maygr Bukator and other members of Council
were not present. The Alderman suggested that the budget be deferred until
a full Council can consider its contents.
ORDERED~;on the motion of Alderman Fera, seconded by Alderman Orr, that the
1978 Capital Budget be tabled for one-week. ,,,:Carried Unanimously.
- 11 -
It was moved by Alderman Crows, seconded by Alderman Orr, that the
meeting adjourn. Carried Unanimously.
RF/D AND ADOPTED,
PRESIDING OFFICER
THIRTY-NINTH MEETING
Conm~ittee Rooms 2 & 3
November 14, 1977
SPECIAL MEETING
Council met on Monday, November 14, 1977, at 7:30 p.m. for the purpose of
reviewing the proposed 1978-82 Capital Budget. All members of Council were
present with the exception of Alderman Crowe.
PROPCSED 1978/82 CAPITAL BUDGET
Report No. 533 - City Manager - The report provides an explanation of various
aspects of the proposed 1978/82 Capital Budget.
AND
Report No. 559 - City Manager - Re: Debt Measurement. The report provides
information on a proposal of the Region to establish a system of debt measurement
to be used by the Region and area municipalities to determine debt relationship.
AND
Report No. 559A - Alderman A.A. MacBain - The report expresses concern over the
debt position of the City and the future debt to be incurred through implementation
of the five year capital budget. The report recommends that the City Manager be
instructed to bring in a new proposed capital budget showing a debt at year end
1982 of approx]~nately $16,000,000 and allocating the available funds as outlined
in the report, with particular reference to projects for which the necessary
approvals have already been obtained.
With respect to the report on debt measurement, the Deputy Treasurer advised
that the Region had developed a number device to measure the debt position of all
area municipalities in the Region as well as itself. The device could be used by
the area municipalities as well in measuring debt position over the years. The
number gives the relationship of outstanding debt to available revenue expressed
in a percentage. The number would act as a signal to the Region to look more
closely at the debt situation of a municipality should it appear irregular in
comparison with the debt position of other municipalities. In that the Region
is responsible for issuing the debt of the area municipalities, it is necessary
that such a monitoring device be utilized in order to maintain reasonable interest
rates on the issue of debentures. Additional information was provided in response
to a number of questions raised bynmembers of Council.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Stewart, that
Council agree with the concept of debt measurement suggested by the Regional
Municipality of Niagara and that it be used as an administrative tool in conjunction
with other factors in arriving at a Judgement of debt relationship. Carried
Unanimously.
Alderman MacBain commented briefly on his submission relating to the proposed
five year capital budget, and stated that while he would have preferred more of a
.reduction in the budget, too drastic a changewould upset planning and he did not
want to endanger the progress of the City. The Alderman also pointed out that if
the economic situation in the country should improve, future Councils could always
add to ~he budget.
Alderman Thomson felt it was Council's responsibility tO review each item in
the budget. The Alder~mn felt that if cuts were to be made, it was Council's
responsibility to make those reductions and not staff.. It was pointed out that
the five year budget is updated every year and is~constantly,chsngiBg. When
the 1979 capital budget is considered, it will be changed from the projections
made in this year*s forecast. Alderman Thomson stated that he did not share
the concern raised in Alderman MacBaints brief that Niagara Falls could experience
an economic crisis similar to that of New York City, and pointed out that cities
in the United States do not have the same controls on spending as exist in
Ontario. The City is completely controlled in its spending by the Province,
and the Province would not allow such a serious situation to occur in Ontario.
In briefly outlining the capital budget, the City Manager stated that all
five years of the capital budget should be reviewed in detail and Council should
adopt guidelines that can be put into effect for the next capital budget. The
budget consisted of local i~orovements, storm drainage, sanitary sewers, water
end miscellaneous items such as N.I.P. areas and recreation projects.
ROADS - Pa~e 7
The City Manager advised that all road work for 1978 has been deferred to
subsequent years. . .... 2
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BRIDGES - Page 8
The City Manager advised that the majority of bridges constructed in the
City are under Regional jurisdiction. The Director of Municipal Works explained
that s n,,mher of the bridges shown in this section are tied in with the railway
relocation study. Once the study is finalized, it would be the City*s hope that
the Region would undertake the construction. The only bridges under the CityIs
Jurisdiction are Whirlpool Road at the Rydfo Canal and the Pettit Avenue extensi0a
at the Rydro Ca.hal.
PARKING FACILITIES - Page 9
The City Manager advised that no parking facilities were scheduled for 1978.
The Projects & Services Engineer advised that the parking facility in the tourist
commercial area was likely to be the only parking lot financed. through the capital
budget for the next five or ten years. It was felt that funds should be used
meter revenue to provide other off-street parking.
STORM DRAINAGE - Pages le & 11
The Director of Municipal Works referred to a large map posted that illustrst
the various works included in the proposed five year capital budget. Alderman ~
questioned the storm sewer to be constructed on Coholan Street that had originsi11
been requested as a local improvement but had been turned down by the residents.
The Alderman felt that the residents would receive bhe benefit of the storm sewer
at the expense of all taxpayers, rather than paying a portion of the cost as s
local improvement. Alderman Thomson pointed out that the res-identsrexperiencing
flooding problem had - requested the installation of a storm sewer under the
local improvement programme, however residents further up the street who did
not have a flooding problem turned the project down. The Director of Municipal
Works explained that the sewer met the City's criteria as a trunk sewers and in
any event the flooding problem was serious and should be corrected.
Alderman Thomson asked what steps were being taken to alleviate the flooding
problem in the Rolling Acres subdivision. The Director of Municipal Works advised
that the flooding in Rolling Acres subdivision was caused by the houses themselv~
and not inadequate sewers. The developers and builders wi11'~ involved in
alleviating the problem.
SANITARY SEWERS - Page 12
The Director 'of Manicipal Works advised that the sanitary sewer proposed for
Elgin Street from Terrace to Stanton, could be considered a Regional p~oJect, and
a clarification is being sought on that question. ·
FIRE - Page 13 t
The Fire Chief explained that the new station proposed in 1981 would serve
the current and projected population of the Beaverdama/Lundy's iane/Kalar Road
ares when constructed. It was felt thst existing facilities would service the
City adequately at present, and the new station was not required for a number
ofyears.
MISCELIA~0US - Page 14
The City 'Manager referred to the Ryerson/Market N.I.P. Area park land proJeci
and advised that the subsidy.on 1sod acquisition would be 75% and would provide
excellent opportunity to obtain s park area downtown. The Director of Recresti0n
advised that studies show that a park of 9.6 acres would be required in the down
area, however land costs would dictate the ~ctual size of the park to be acquire4
With reference to the NorthWest Recreation Project, the City ,Manager advises
that with the price of Ontario Hydro lands to be purchased and the time limits
involved, it would only be possible to purchase 142 acres at this time. The
balance of the land required remains under lease for another nine years. Once
the additional lands are acquired, the City will control the park lands between
Dorchester Road and Mewburn Road. The City Manager referred to the appeal by
the City to the O.M.B. for approval of e $100,000 expenditure from the 1977
~spital budget for this project, and advised that if the City is successful in
that'appeal, funds will be available towards the purchase of the additional 65
acres of land still under lease. Aldernmn Thomson suggested that the Region be
:approached in an effort to obtain possible firmnciel participation in the
project. His Worship, Mayor Bukstor indicated that he would investiS8~e the
setter st the R~Sioasl level.
-3-
Alderman Mann referred to item ~4, the Niagara South Recreation Centre
and advised that the Niagara South Area Recreation Board has agreed to increase
their contribution to $200,000. The Board had suggested that since it would
take two years to raise their funds, that an amount of $125,000 be placed in
each of the 1978, 1979 and 1980 current budgets as a current expenditure, and
be deleted as a capital expenditure. The Alderman advised that while the
expenditure would represent .75 of a mill, there would be considerable savings
in interest charges as a current expenditure. The Director of Recreation
pO~nted out that the group holds the contract for concession rights and roller
skating at the Niagara South arena and all funds raised from this source are
· returned to the municipality for recreational facilities.
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
1978 and 1979 Capital Budget items for the Niagara South Recreation Centre be
deleted, an amount of $125,000 placed in the 1978 current budget, and that
Council recommend to the 1979-1980 Council that an amount of $125,000 be placed
in the 1979 current budget and $125,000 in the 1980 current budget for the
facility. Carried Unanimously.
WATERMAINS - Page 15
The City Manager advised that the items included in the capital budget for
watermains were financed through water rates.
Following consideration of th~ capital budget, Alderman MacBain advised that
he would not support an increase in the five year budget of $9 million. The
Alderman asked the City Treasurer if he was content with the increase. The City
Treasurer advised that the expenditures as projected presented no great need for
worry when considering the principal retirements during this period of time, which
are not shown in the report. The Treasurer also pointed out that compared to the
amount projected for the 1978 budget during 1977, there had been a redhction of
almost one third.
Various members of Council commented on the matter of capital financing and
its long term effects on the City's economy. Following further discussion, it
was suggested by His Worship, Mayor Bukator, that a decision on the budget be
deferred one week so that the entire Council would have an opportunity to vote
on the budget.
NEW BUSINESS
AMUSEMNT CENTRE
Alderman Mann advised that he had received a number of calls concerning an
amusement centre recently opened, that was operating without a business liceace.
The Alderman was also concerned with the ages of children on the premises. The
City Clerk advised that the business operator had applied for a liceace, however
the liceace would::notbeissued until.various;routine~inapections were made. The
business operator had proceeded to operate the business without the formal liceace.
The City Clerk further advised that he had not become aware of this fact until he
had received a number of calls of complaint. Two alternatives are availableI'to
the City - take the applicant to court for operating without a liceace, or deny
the liceace. The City Clerk stated that the licence would be turned down and
if the business continues to operate, the owner will be subject to a fine.
DOREHESTER ROAD~C.N.R. CROSSING
Alderman Thomson requested that the City obtain information from the Region
on steps to be taken to improve the safety of the Dorchester Road/C.N.R. crossing
where a recent fatality occurred· The Director of Municipal Works advised that
the Region had applied for short arm gates prior to the accident, however
additional information would be requested.
It was moved by Alderman Cheesman, seconded by Alderman Mann, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
FORTIETH MEETING
REGULAR MEETING
Council Chanters
November 21, 1977
Council met on Monday, November 21, 1977 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present. Alderman
Stewart offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that
the minutes of the meeting held on November 7, 1977, be adopted as printed.
Carried Unanimously.
PRESENTATIONS
GEORGE H. MOWERS TRANSIT TERMINAL
His Worship, Mayor Bukator presented to Mr. George Mowers, a certificate
stating that in recognition of the many years of service to the City in various
capacities, as Chairman of the Transit Commission since its inception, a former
City alderman and through local service organizations, the new transit garage
facility will be named the George H. Mowers Terminal. Mr. Mowers stated that
the presentation was an honour he would not forget, and expressed his enjoyment
of working with the Transit Conmaiasion and City officials.
UNITED WAY
His Worship, Mayor Bukator, Mr. W. Hunter of Local 133, C.U.P.E. and
Mr. A. Judge of Local 528, N.F.P.F.F. presented cheques in the amount of $100
as donated by each local, and certificates for one week vacation, to
Mr. K. Hesslip and Mr. G. Smajda, winners of the United'Way incentive prograndma
of the City.
Report No. 560 - City Manager - The'report advises of the success of the City's
incentive programme for the United Way Campaign, 1977. Thanks is expressed to
Local 133 and Local 528 and the members of Council for their support in the
programme.
ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the
report be received and filed. Carried Unanimously.
UNFINISHED BUSINESS
SHRINER'S CREEK PROJECT
Report No. 561 - City Manager - The report recommends that a discussion be held
with members of Council, staff, representatives of the Conservation Authority,
the consultants, developers and residents of the general area on the status of
the project.
The Director of Municipal Works advised that the intent of the report was
to provide an update on the Shriner's Creek project. A brief history of the
project was provided, and a general description of the proposed works, was
givenby the Director oftMunicipal Works. It was advised that in addition to
the forty-one acres of land acquired by the Authority, lands are required along
the watercourse for construction of the scheme. An appraisorhas been retained
and the consultants have finalized the design for the structure8. It was also
advised that the Ministry of Housing would be participating in the Province'a
share of the project financially., Depending upon the timing involved in land
acquisition, it i8 hoped that construction could commence in June or July of 1978.
The lands would be acquired.' outright o~ through easement. The Senior P~ nner
advised that the lands acquired under easement would be subject to density transfer,
whereby the developers owning the property under easement could transfer density
normally on the properties to their adjacent properties. No buildings would be
constructed on the lande, but they would be used for density requirements. The
lands would also not be used in calculating the amount of park land dedication.
In response to several questions raised regarding density transfers, the Director
of Municipal Works advised that the developers suggested this matter in order to
develop as .much land as possible without disturbin~ the existing features of the
Creek. Density transfers would be used more tn the low mars~hy lands end lands
to be retained for landscaping purposes.
Mr. J. Ryan of Proctor & Redfern Consulting Engineers, stated that the
basic concept of the scheme was to detain storm flows, not retain. There will
be a series of three small dams which will hold back peak flows caused by large
storms, but the dams will be designed 8o that the outlets will permit water to
be held back temporarily to flow out of the dams at a controlled rate after the
storm. This will protect downstream areas from flooding and erosion damage.
In conjunction with the dams will be sediment traps and these are meant to take
out heavy sediment from areas upstream, such as sand and erosion along the banks,
etc. The third aspect will be the channels to make the system compatible with
existing City systems in place or proposed to be in place to serve City
requirements.
Mr. P. Grandoni, an ares resident, expressed his concern for the maintenance
of the water table and base flow to the Creek, farm wells and lands outside the
developed areas. Mr. Grandoni suggested that the concept of density transfer
appeared as if high density housing would be allowed in the area. It was
advised that land owners had recently experienced water problems, and Mr. Grand0n
well in particular dropped~six feet in the sunmar, for the first time in fifty
years. Withethe main,recharge are~practica~ly developed, Mr. Grandoni asked
that W-5-3 ravine, part of which is shown as flood plain land, not be landfilled,
and recommended that only~:low densityihousing be.permitted in the main recharge
area. With high density housing, there will be increased flows and none of the
increased flow which under agricultural conditions seeps into the ground, will
get into the water table. The surge capacity that normally would allow flooding
to occur without problem to the land owners, will be displaced with high density
housing. Mr. Grandoni referred to requests made earlier by two farmers for
culvert crossings at the main creek. The Creek will now have more water in it
than under normal conditions, and Mr. Grandoni did not feel the farmers should
have to go to the cost of installing culvert crossings when they were not
needed before. Mr. Grandoni also asked that part of W-5-3 be left as a wooded
area, possibly park land.
The Director of Municipal Works indicated that if the locations of the
crossings were supplied, est~-~tes for the culvert crossings would be obtained
for Council's consideration. In response to a number of th~"~uestions raised
by Mr. Grandoni, the Director of Municipal Works advised that the recharge area
is east of Montrose Road and north of Thorold Stone Road, and no development
has taken place in that area since the Ontario Municipal Board hearing in 1976.
Mr. Ryan explained that fifty percent of the prime recharge area is ~eveloped,
however the type of development is single family housing which' is the lighteat
possible. One of the beneficial aspects of the City's policy of not connecting
roof leaders to stormsewers, is that the water is not carried away by the
sewers and it returns to the ground. The intent of the report was that the
City maintain that type of development. With respect to high density housing,
the Senior Planner advised that the density in the area is in the order of nine
units per acre average which includes a mixture of single family, semi-detached
and high density. High density is permitted in the area of W-5-1 on Thorold
Stone Road, but it is likely that the use permitted would only be walk-up
apartments.
Alderman Thomson cc~mented that the matter of density transfers appeared
to be completely in favour of the developers, and that the City was granting
high densities rather. than purchase the necessary property outright. Alderman
Chessman pointed out' that if a developer !retains possession of the property,
he is entitled to have its area somehow reflected in his development. The
City in turn gains an easement rather than purchasing the land, and if the
City can gain access to the land for less money, it is traded off against that
calculation of the area in the overall density calculation of the development.
The Director of Municipal Works also pointed out that the developers in the
area were assuming half the cost of the scheme, a.nd for. that reason, should
have input in the scheme.
Alderman Schisler asked if buildings would be allowed on the flood plain
area. N~ C. Leuty of the Conservation Authority advised that flood pla in
control does not exist in the area.at present, however the Authority hopes to
receive Federal approval eventually, and then no construction would be allowed
on the flood plain.
Mr. Grandoni again expressed his concern for development in the main
recharge area, an4 requested that the ravines not be landfilled. Alderman
'Chee~.m~n ~ss~ra~ M~,. ~a..n~o~ ~t~ ~he Oi~7 and the Conservation Authority
have .Just as much concern ~or the natural state of the area as bhe residents.
-3 -
Alderman Thomson advised that no decisions would be reached at this
time, and the purpose of the report was to provide an update on progress
of the project. Further meetings would be held once the report of the
appraisor is available.
It was moved by Alderman Thomson, seconded by Alderman Cheesman, that
the report be received and filed. Carried Unanimously.
1978/82 CAPITAL BUDGET
Report No. 562 - City Manager - The report recommends that the 1978/82 Capital
Budget as revised by Council, be adopted.
Alderman Crowe stated that while Council says~tt will not conunit future
Councils, or bind a future Council by imposing what is considered to be
appropriate for the future now, that was exactly the action of Council in
approving the five year capital budget. It was the Alderman's opinion that
the City was on a rampant uecontrollable and unstoppable slide of spending
more than is taken in. If the pace is continued at the present level of
spending, the debt servicing charge to pay the interest on the capital debt
will increase by 85%. The debt servicing charge for 1978 is $890,000, however
in 1982 it will almost double to $1,676,000. The cost of principal repayment
for debt incurred by future councils in five years will increase by 65%. The
Alderman stated there was no conclusion to the debt and no ability to satisfy
the debt in the future. Reference was made to the severe financial problems
experienced by cities in the United States, and the fact that taxpayers will
eventually refuse to accept increased taxes due ~o capital debt. Alderman
Crows felt that the trend of deficit financing should stop, and taxpayers
should be asked not what they want, but whether they need and can afford
capital projects. In reviewing the budget, the Alderman found that he could
not ascertain the basis for priorities established on capital projects. The
Alderman requested that Council not cons ider the binding of future taxpayers
with unbearble debt as a result of deficit financing.
Alderman Chessman commented that most people agree with the philosophical
concept that deficit financing cannot continue, but pointed out that while
items can be removed from the capital budget and carried out once the City
can afford them, the cost by that time has increased and the longer a project
is deferred, the greater the payment. The Alderman agreed that he would like
to-see a balanced 'budget, possibly by 1982, and pointed out that a step has
been taken in that direction by reducing the 1978 capital budget by 24% over
the 197~ budget. It was also pointed out that even though this capital budget
debt looks forward to 1982, Council is not committing citizens to the imposition
of the very high increased debt charges. The AM erman suggested several methods
whereby capital financing can be reduced, reduced amortization periods, or
putting aside each year one mill as a prepayment of future capital purchases.
While he supported the idea of working towards a balanced budget in five or ten
years, Alderman Chessman stated that Council should attempt to reduce the
budget further rather than simply turn it down.
Alderman Schisler referred to pages 4, 5 and 6 in the budget which outline
debenture spending back to 1973, and pointed out that Council was only committed
to the ~pro]ects on those pages. All future projects are reviewed again, and
no commitment is made on this Council or future Councils to anything but the
existing debt. Alderman Sobol advised that reduced capital spending can result
in an increase in unemployment, leading to a vicious circle when people cannot
pay their taxes.
In-response to a suggestion that only the first year of the five year
budget be approved, the City Manager indicated that the Province has requested
a five year capital budget. Although a budget for five years is submitted,
the Council is not committed beyond 1978 and each project is again voted on
separately. All cities and all Regions in Ontario are required to forward a
five year capital budget to the Province.
Alderman Mann referred to the fact that the City was raising capital
spending by one tenth of a mill from 1977 to 1978, and has still provided the
services and facilities required by the taxpayers. The Alderman referred to
important projects such as storm sewers necessary to relieve flooding problems
throughout the City, and stated that in many cases, ~uch services could not
be provided from currant funds, but must he'funded through capital financing.
Alderman Fera-lsuggested that Aldermen Crows and MacBale indicate what
projects can be deleted from the capital budget, and whatever alternative there
is to capital financing.
-4-
Alderman Crows stated that items must be taken out of the capital budget
and placed in the operating budget. The taxpayers should be advised what the
cost will mean in their taxes, and then asked if they wish to pay that cost.
The Alderman also stated that he did not feel the capital budget should be
considered prior to the operating budget.
Alderman MacBain referred to the proposed drainage channel along the
toniRail line on McLeod Road and the proposed parking ramp on Clifton Hill as
two items that could be reconsidered by Council. The Alderman advised that
the total of all projects in the five year budget amounted to over teu million
dollars, and an amount of $7.694 million for previous debt is not included in
the first figure. The Alderman stated that from his understanding of business
in Canada, the economic clinmte~is going to become desperate. It was never
the intention of~Alderman, MacBain that~the City :eliminate alb,~eficit financing,
however-Alderman MacBain did feel that $3 million could be deleted from the
five year budget as a starting point.
Alderman Thomson advised that he was interested in the philosophy of debt
financing and the items Alderman MacBain suggested could be cut, however the
Alderman stated that Council could not Just remove an item without knowing all
aspects of the project and its affect on the City. Alderman Thomson maintained
that Council had not reviewed the five year budget properly at the budget session
and suggested it should be reviewed again in greater detail.
It was moved by Alderman Cheesmsn, seconded by Alderman Mann, that the
1978-82 Capital Budget be approved as submitted. The motion was Defeated with
the following vote:
~YE: Aldermen Chessman, Dilts, Mann and Schisler.
NA~E: Aldermen Crows, Fern, Jaluvka, MacBain, err, Sobel, Stewart and Thomson.
It was then moved by Alderman Cheesmsn, secom]ed by Alderman Thomson, that
the budget be referred back to special budget session to review year by year in
one week. The motion Carried with Alderman Schisler voting contrary, and all
others voting in favour.
PROPERTY STANDARDS BY-LAW 74-204, ANDPEW GYURCSEK, 5559 GEORGE STREET
Report No. 563 - City Manager - The report provides in~ormstion on the action
taken by the City in accordance with By-law 74-204 to bring the property at
5559 George Street in conformante with the property standards by-law.
AND
Connnunication No, 146 -Mr. .A. Gyurc's'ek--; 'The,connnunication raises certain
complaints regarding the manner in which City forces carried out reparation
work at 5559 :'George Street.
Nr. J. Gradskemp was~granted permission to address C ncil on the motion
ou
of Alderman Thomson, seconded by Alderman 0rr. Hr. Crasskemp advised that he
was speaking on behalf of Hr. Gyurcsek due to a problem Mr. Gyurcsek has in,
speaking English. Hr. Gradskemp referred to the section of the report stating
the reparation work to be carried out. which included the removal of inoperative
vehicles, and pointed out that no inoperative vehicles were removed by City
forces as that portion of the Judge's Order had been complied with. It was
advised that Hr. Gyurcsek admitted he ms8 st fault in not complying with
provisions of the Order by October 28th, however due to the fact he worked and
could only carry out the reparation work on weekends, progress was not t ,a .
quickly. Hr. Grasshemp pointed out that Hr. elnarcsek was given until October
28th to clear his property, however a report. to Council dated October 17th
stated that the work was not "complete and requested authority to carry out
the necessary reparations under the provisions of By-law 74-204. Reference
was made to section 7.23 of the by-law which provides.that a proper~y standards
officer malt upon producing proper identificetio~ sneer and inspect any
residential property. Fir. Grasskemp maintained that if the owner 'or occupant
was not 8t home, the officer could not enter the property as there was no
person to whom the officer could identify 'himself, however City forces came
to the property ten minutes after Fir. Gyurcsek left for work. With respect to
section ~.63 which provides that no member of Council, a City employee or an
employee of a local hoard shell be eligible to serve on the Property Standards
C~/ttee, Nr. Grasskemp pointed out that during 1976, an employee of the
ZHydro Commission was a member of the Cc~.uittee. Section 7.10.6 provides that
the City has the right to demolish or repair property if the owner fails to
to ~erry~out~ehe work in accordance with an order. The Judge determined that
the property had to be cleseed of debris, inoperative vehicles, rubbish and
,all conditions likely t.o cause a health, fire or accident 'hazard. Hr. GraasksmP
-5 -
asked why cement blocks were taken from the property when they were to be
used as a foundation to stabilize Mr. Gyurcsek's house as requested by the
City. Also removed were a washing machine, a wine vat and two tons of scrap
iron. Mr. Graaskamp pointed out that the washing machine was in operating
condition, and the scrap iron was re-cyclable material with definite marketable
value. In summary, Mr. Graaskamp stated that the property was 98% completed
when the City imposed its will on Mr. Gyurcsek and cleared the remaining 2%
of the property. Mr. Graaskamp felt Mr. Gyurcsek was owed an apology from
the City and that the employees involved should be disciplined or fired. It
was requested that Mr. Gyurcsek be reimbursed for the cement blocks, the
washing machine~ and several other things.
His Worship, Mayor Bukator indicated that the matter could not be dealt
with at that time, and suggested that the comments of Mr. Graaskamp and the
letter of Mr. Gyurcaek be referred to the staff involved for a reply to the
questions raised.
ORDERED on the motion of Alderman Crowe, seconded by Alderman err, that the
matter be referred to the City Solicitor and Chief Property Standards Officer.
Carried Unanimously.
COMMUNICATIONS
No. 145 - Regional Municipality of Niagara - Re: Regional Road Criteria. The
communication provides information on the various criterion on which regional
roads are based.
ORDERED on the motion of Alderman Mann, seconded by Alderman Cheesman, that
the communication be referred to staff for the preparation of a report. Carried
~nsnimously.
No. 146 - Ministry of Housing - Re: Annual Housing Review. The commun~cation
requests the City~to provide an annual estimate of housing requirements in order
to facilitate programme forecasting activities.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fete, that the
communication be referred to staff for the preparation of the information requested
by the Ministry of Housing. Carried Unanimously.
No. 147 - St. Stephen Anglican Church - Re: Church Service, January 15, 1978.
The communication extends an invitation to members of Council and staff to attend
a worship service on January 15, 1978.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that
the invitation be accepted, and as many members of Council and staff as possible
attend the Service..Carried Unanimously..
No. 148 - Ontario Municipal Board - Re: Notice of Hearing for Region's Proposed
Organic ReSidue Recovery Station. The notice advises that the Board has
appointed Monday, December 12, 1977 at 11:00 a.m. for the continuation of the
hearing of all parties interested in supporting or opposing the Region's appeal.
ORDERED on the motion of6AldermanThomson, seconded by Alderman Sobel, that
the connnunication be received and filed. Carried Unanimously.
REPORTS -"
No. 564~.- Planning & Development Committee - Re: AM-29/77, J. DeLa Matter, 8923
Chippawn Creek Road. The report recentsends approval of the application, and
that Council certifyby resolution that the application conforms to Official
Plan Amendment No. 28 of the Niagara Falls Planning Area as amended and approved
by the MinisteF of Housing.
Mr. J. Day, general counsel and secretary of Cyanamid in Montreal, was
granted permission to address Council on the motion of Alderman Thomson,
seconded by Alderman Chessman. Mr. Day introduced Mr. Reid the Company's
environmental co-ordinator. Mr. Day advised that Cyanamid is opposed to the
rezonin~ on the grounds it would prejudice the existing industrial use of their
lands. The proposed nursery-would. be'nine hundred feet from the Welland plsnt
of the Cyanamid, which is a huge chemical plant located on almost a square mile
of land. The plant;is a major producer of fertilizer in eastern!:Canada, and
while millions,,Of dollars have spent on the ftrm~s pollution abatement programme,
there still occurs the odd escape of emissions from the plant. The plant wss
located at its present site in order to be away from most other land uses that are
incompatible with a chemical producing operation. Hr. Dsy maintained that
Hr. Dels Hattar knew of the existence of the plant and the existing zoning
when he purchased the land, and if emissions emanating from the plant affected
shy plants' or vegetation life, it was felt that Cyanamid would be blamed.
Alderman Sobel advised that Nr. DeLs Matter had indicated at the meeting
of the Planning & Development Cannatree, that he would not prosecute Cyanamid
-6-
- 7-
Cyanamid. Alderman Dilts felt that Mr. DeLa Matter should not have to waive
any claim to damages in the future.as a condition of rezoning. Alderman Schisler
stated that if damages were as a result of neglect on the part of Cyanamid, than
the firm should be held responsible. The Alderman did however point out that
should an accident occur, a.problem would arise in determining whether it was
accidental, .or.as, a .result Qf ineglect on the. part of Cyanamid~
Alderman MacBain questioned why the matter had not beenreviewed by the
City Manager or the B.I.G. Committee, since approval of the application could
affect a major industrial operation in the City. -
Mr. DeLa Matter was granted permission to address Council on the motion
of Alderman Orr, seconded by Alderman Chessman. Mr. DeLa Matter indicated that
he had stated to the Planning & Development Cbn~nittee that he would waive his
right to claim damages against Cyanamid, however he did not anticipate that
the pollution would bother his shrubs since he has grown flowers, trees and
plants in the area.
Following further comment, it was moved by Alderman thecams,n, seconded by
Alderman MaeBain,.fihat the report be referred to the City Manager, City Solicitor
and Business & Industrial Growth Agency Inc. for study and co-~nt. The motion
was Defeated with the following vote:
· AYE: Aldermen Chessman, Jaluvka, MacBain, Mann and Schisler.
NAYE: Aldermen Crows, Dilts, Fare, Orr, Sobol, Stewart and Thomson.
It was then moved by Alderman Thomson, seconded by Alderman Dilts, that
~he report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Dilts, Fare, Orr, gobol, Stewart, Thanson and Mayor Bukator.
NAYE: Aldermen Chessman, Crows, Jaluvka, MacBain, Mann and Schisler.
No. 565 - City Manager - Re: Storm Sewer Replacement, Contract S.S. 27/77. The
report recommends that no contract be awarded for the work and that staff be
authorized to obtain unit prices from qualified contractors for the various
types of equipment necessary to perform the work under consideration. '
Mr. E. Damore was granted permission to address Council o.__n the motion of
Alderman Chessman, seconded by Alderman Thomson. Mr. Demote explained that in
order to perform the work, it would be necessary to use steel pilings because
the work area is so close to the sludge. lagoon at the Pollution Control plant.
The steel piling was the reason for the price bid being high. Mr. Demote
suggested that rather ~han not award the contract, a consultant be retained
to determine whether or not the bid price was over-estt-mted or if the City ss
estimte Was too,low.
The Director of Municipal Works explained that the titF had estimated
petwean $50,000 and $60,000 for the work, and an appropriate amount had been
placed in the current budget. The contractor's bid was in the amount of
$82,000 and there were no additional funds to cover the difference in price.
It was accordingly recommended that in order to remain within budget estt-mtes,
that equipment ratesbe requested and the work performed until the budget
allocation is used.
Alderman Thomson felt that Mr. Damore's suggestion of retaining a
-consultant was reasonable, end it-would, determine whether prffnot the bid
price was too high. The Director of Municipal Works explained that if the
consultant determined the bid price was not high, there would st~11 .not be.
enough money in~the budget, toroover, the cost. of the work. The Maintenance
and Operations Engineer explained that if the City can get a price on
equipment, work would start at the lower end and work up. If there is not
enough money in the budget to install the last manhole, and if it i~ proven
necessary to use steel sheeting, the reminder of the work can be :financed
out 9f the 1978,budget and carried out next year.
It was moved by Alderman Thomson, seconded by Alderman Stewart, that
the City obtain prices frome consultant on reviewing the tender price submitted
by R. Damore & Son:~Ltd. to determine whether or not the price is high. The
motion wee Defeated with the followinS vote:
AYE= Aldermen Fare, Jaluvka, Schisler, Stewart end Thomson.
'~I~YE: Aldermen Cheesmn, Crowe, Dilts, MacBsin, Mann, 0rr and 8obol.
It was then moved by Alderman MacBein, seconded by Alderman Dil.ts, that
the report be received end adopted. The mot.ion Carried with the followinS
Vote:
AYE: Aldermen Cheesmn, Crowe, Dilts, MaeBsin, Mann, Orrs Schisler and Sobol.
NAYE:. Aldermen Fare, Jeluvks, Stewart end Thomson.
No. 566 = City Manager - Re: Designation of Ryerson/Market N.I.P. Area. The
report recommends passage of a by-law designating the Ryerson/Market Redevelopment
Area and revising amounts contained in the original by-law to reflect a revision
in funds available through Federal and Provincial authorities.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See By-law No. 77-238
No. 567 - City Clerk - Re: Objection to Zoning Amendment By-law 77-221, AM-32/77,
Proposed Residence for the Mentally Retarded on Beaverdams Road. The report
advises that one letter of objection signed by five individuals has been received
as a result of circulating the subject zoning by-law.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fare, that Council
re-affirm its support of the application, and that the objection be referred to
the Ontario Municipal Board. Carried Unanimously.
NOTE: Alderman Crows declared a conflict of interest and abstained from
voting on this matter.
No. 568 - City Manager - Re: Parks Regulation By-law No. 71-57. The report
recommends passage of a by-law to provide for protection of park lands leased
by the City.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Mann, that the
report be received and adopted. Carried Unanimously.
See By-law No. 77-250
No. 569 - City Manager - Re: Amendment to Dog Control By-law No. 75-253, as
Amended by By-law No. 77-59. The report recommends passage of a by-law to
provide for certain amendments to the City's dog control by-law.
ORDERED on the motion of Alderman Mann, seconded by Alderman Jaluvka, ~hat the
report be received and adopted. Carried Unanimously.
See By-law No. 77-251
NOTE: Alderman Crows was absent when the vote was
taken on this matter.
No. 570 - City Manager - Re: Rating By-law for $645,000 Debenture Issue. The
report recommends passage of a by-law to raise the money to be turned over by the
City to the Region to meet the instalments of principal and interest on debentures.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the
report be received and adopted. Carried Unanimously.
See By-law No. 77-252
NOTE: Alderman Crows was absent when the vote was
taken on this matter.
No. 571 - City Manager - Re: Coronation Recreation Centre. The report recommends
that the tender submitted by Philip?Casucci Cors truction Limited of Niagara Falls
be accepted.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 131
NOTE: Alderman Crows was absent when the vote was
taken on this matter.
No. 572 - City Manager - Re: Site Plan Approval, Proposed 11 Unit Apartment
· Building on Drummond Road at CoNin Crescent. The report recommends approval
of thesite plan as submttted.
ORDERED on the motion of Alderman Mann, seconded by Aldermn Thomson, that the
report be received and adopted. Carried Unanimously.
NOTE: Alderman Crows was absent when the vote was taken on this matter.
No. 5~3 - City Manager - Re: Development Plan Approval, Uncle games Resort Motor
Note1 on Lundy% Lens. The report recommends approval of the development plan
as submitted.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 574 - City Manager - Re: Abandoned Municipal Pits and Quarries. The report
recommends that the Ministry of Natural Resources be advised of the site at the ,'
northwest corner of Montrose Road and McLend Road for consideration for
rehabilitation purposes using funds from Wintario.
ORbMRED on the motion of Alder~mn ~mnn, seconded by Alderman Fare, that the
report be ~eceived and adopted. Carried Unanimously.
-8°
No. 575 ~ City Manager - Re: Fencing. The report recommends that the price
of Frost Steel & Wire Co. Ltd. for the Morrison Street fencing and the price
of Lundy's Steel Ltd. for,=the Lion's. Park tennis courts, be accepted.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that
the report be received and adopted. Carried Unanimously.
No. 576 - City Manager - Re: I.C.M.A. Conference. The report provides informstie
on the proceedings of the annual conference of the International City Management
Associationheld in Atlanta, Georgia.
ORDERED on the motion of Alderman Mann, seconded by Alderman Chessman, that the
report be received and filed. Carried Unanimously.
No. 577 - His Worship, Mayor Bukator - Re: Activities of Regional Council.
The report provides information on a number of important items recently
considered by Regional Council.
ORDERED on the motion of Alderman Thomson, seconded by Alderman err, that the
report be received and fitd. Carried Unanimously.
No. 578 - City Clerk - Re: Special Committee - Smoking Prohibitions. The report
advises"~hat a special meeting of the connnittee will be held on November 28th,
1977 at 7:30 p.m. to receive the comments of interested persons.
Alderman Cheesman pointed out that the capital budget would be discussed
on this date, and suggested that the meeting could be postponed possibly until
early January provided adequate prior notification is given. The Alderman also
suggested that the various organizations in the City interested in msking
.submissions to the CHittee, be invited to do so.
bRDEMD on the motion of Alderman Chessman, seconded by Alderman Sobel, that
the report be received and filed, and the meeting postponed until January.
Carried Unanimously.
No. 579 - Loan Review Committee - Re: Applications for Assistance. The report
recommends approval of seventeen applications for assistance under.the Ontario
Home Renewal programme, and one application for assistance under the Ontario
Home Renewal (Rental)}Program.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the
report be received and adopted. Carried Unanimously'. ~
No. 580 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson, that
the report be received and adopted. Carried Unanimously.
No. 581 - City Manager - Re: Site Plan Approval for Proposed Apartment Building,
346351 Ontario Ltd., Dorchester Road and Lundy's Lane. The report recommends
approval of the site plan as submitted. I '
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomsons that the
report be received and adopted. Carried Unanimously.
No. 582 - His Worship, Mayor Buketor - Re: Railway Relocation Study. The report
reconxnends that City Council support the submission of the Regioual Municipality
of Niagara to the FAnistry of Transportation & Communications to continge the
railway reloca~ion study in Niagara Falls. ~ .....
Regional Councillor Mitchelson advised that an official of the M.T.C. had
announced at a recent meeting of the MuniCipal Liaison Cewmittee, that three of
the railway relocation projects in Ontario would continue.
ORDERED on the motion of Alderman Mann, seconded by Alderman err, that the reporl
be received and filed. Carried Uuanimously..
It was moved by Aldermsn Crows, seconded by Aldermsn Mann, that the
Council meeting continue after the 11:00 p.m. adjournment provided by the
Procedural 'By-law. Carried Unanimously.
RESOLUTIONS '
No. 130 - TNOMON - DILT8 - RESOLVED that the tOountil of the Corporation of
the Ctty,:Of~Niagl~a 'Fa lla,..,he~,eby'cer. tifies that. By-iaw.~ No.~i~7~249,~ for~.the
reaoning-of Pamtt.ee~Tewnship Lots 205 and 206, located at 8923 Chippaws Creek
Road, confonts to Official Plan ~aendment No. 28 of the Niagara Fails Planning
- 9 -
Area as amended and approved by the Minister of Housing; AND the Seal of the
Corporation be hereto affixed. Carried with the following vote:
AYE: .Aldermen Dilts, Fern, err, Sobel, Stewart, Thomson and Mayor Bukator.
NAYE: Aldermen Chessman, Crowe, Jaluvka, MacBain, Mann and Schisler.
No. 131 - THOI410N - FERA - RESOLVED that the tender submitted by Phillip Casucci
Construction Limited of Niagara Falls for renovations to the Coronation Recreation
Centre, in the amount of $494,265.00, be accepted; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously
No. 132 - MANN - THOMSON - RESOLVED that the price submitted by Lundy's Steel
Limited for the supply and installation of fencing at Chippawn Lion's Park in
the amount of $3,329.00, and the price submitted by Frost Steel and Wire
Company Limited for the supply and installation of fencing on the north side
of Morrison Street adjacent to Optimist Club Park in the amount of $5,638.00,
be accepted; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 133 - CROWE - FERA - RESOLVED that the petition for interim payment under
The Public Transportation and Highway Improvement Act on expenditures made in
the year 1977, dated November 18, 1977, be adopted as presented in the estimated
amount of $2,341,441.00; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 77-238 - A By-law to designate a redevelopment area. (Ryeteen/Market)
No. 77-239 - A By-law to authorize the acquisition and clearance of land in the
RyersonMarket Redevelopment Area of the City.
No. 77-240 -
No. 77-241 -
A By-law to authorize the acquisition and clearance of land in the
Drummond South Redevelopmant Area of the City.
A By-law to authorize the acquisition and clearance of land in the
Woodbine Redevelopmsnt Area of the City.
No. 77-242 - 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. 77-243 - 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. 77-244 - A By-law to authorize the construction of improvements and extensions ~' to the sewage system in the urban service areas of the City.
No. 77-245 - A By-law to authorize the construction of a storm sewer as an improve-
.ment and extension to the sewage system in the urban service areas of
the City.
No. 77-246 - A By-law to authorize the construction of improvements ~nd extensions to the sewage system in the urban service areas of the City.
No. 77-247 - A By-law to authorize the reconstruction of Willoughby Drive from
Cattell Drive to 500 feet south of Weinbrenner Road.
No. 77-248 - A By-law to authorize the reconstruction of Woodbine Street from
Mentress Road to Kalar Road.
No. 77-249 - 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. (AM-29/77)
No. 77-250 - A By-law to amend By-law No. 7t-57 respectin~ land used for park
purposes ·
No. 77-251 - A By-law to amend By-law No. 75-253, being a By-law to provide for
licensing end regulating the keepinS of dogs, as amended by By-law
No. 77'59. . .... 10
No, 77-252
No. 77-253
No. 77-254
No. 77-255
No. 77-256
No. 77-257
ORDERED on
b~-lawe be
No. 77-239
No. 77-240
No. 77-241
No. 77-242
No. 77-243
No. 77-244
No. 77-245
No. 77-246
No. 77-247
No. 77-248
ORDERED on
by-laws be
No. 77-238
No. 77-249
NO. 77-250
Nol 77-251
- 10 -
- A By-law to provide for the levy of rates to pay the principal and
interest on debentures of the Regional Municipality of Niagara in
the principal amount of $645,000.00 issued for the purposes of the
Corporation of the City of Niagara Falls.
- A By-law to authorize the sale of land to W. Reginald Flagg and
Joyce Flagg.
- A By-lsw to authorize the lease of part of the new City Mall to
Greater Niagara Transit Commission.
- A By-law to designate certain land not to be,subject to part lot
control.
- A By=law to provide monies for general purposes.
- A By-law to authorize the execution of a grant of easement with Her
Majesty the Queen in Right of the Province of Ontario represented by
the Minister of Transportation & Communications for the Province of
Ontario.
Carried with Aldermen
Chessman and Crows v0~
contrary on By-law 77.
and all others voting
favour.
the motion of Alderman Mann, seconded by Alderman Orr, that the foll~
now read a second time:
- A By-law to authorize the acquisition and clearance of land in the
Ryerson Market Redevelopment Area of the City.
A By-law to authorize the acquisition and clearance of land in the
Drummond South Redevelopment Area of the City.
- A By-law;~to authorize the acquisition and clearance of land in the
Woodbine Redevelopment Area of theeCity.
- A By-law to authorize the construction of a watermain as an improves
to the water supply system in the urban service areas of the City.
- A By-law to authorize the construction of a watermain as an improve~
to the water supply system in the urban service areas of the City.
By-law to authorize the construction of improvements and extensi0~
to the sewage system tn,~thelurban service areas~of the City.
- A By-law to authorize the construction of a storm sewer as an imptool
merit and extension to the sewage system in the urban service areas n
the City.
- A By-law to authorize the construction of improvements and extension:
to the sewage system in the urban service areas of the-City.
-A By-law to authorize the reconstruction of Willoughby Drive from
Cattell Drive to 500 feet south of Wainbrenner Road.
By-law to authorize the reconstruction of Woodbine Street from
Montrose :Road to Kalar Road,
Carried Unanimously
the motion of Alderman Mann, Seconded by Alderman Orr, that the foll~
now read a secondderld third time:
- A By-law to designate a rede~eloprnent area. (P. yerson/Market)
- 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..(AM-29/77)
- A By-law to amend By-law No. 71-57 respecting lend used for park
'purposes.
- A By-law to amend By-law No.75-253, being a By-law to provide for
licensing and. regulating the keeping of dogs, as amended by By-law
No. 77'59.
- 11 '
No. 77-252 - A By-law to provide for the levy of rates to pay the principal and
interest on debentures of the Regional Municipality of Niagara in th[
principal amount of $645,000.00 issued for the purposes of the -
Corporation of the City of Niagara Falls.
No. 77-253 - A By-law to authorize the sale of land to W. Reginala~F~ggaand
Joyce Flagg.
No. 77-254...- A By-law to authorize the lease of part of the new City Mall to
Greater Niagara Transit Camnission.
No. 77-255 - A By-law to designate certain land not to be subject to part lot
control.
No. 77-256 - A By-law to provide monies for general purposes.
No. 77-257 - A By-law to authorlee the execution of a grant of easement with Her
Majesty the queen in Right of the Province of Ontario represented
by the Minister of Transportation & Communications for the Province
of Ontario/
Carried with Aldermen
Chessman and Crows
contrary on By-law 77
and all others voting
fayour.
NEW BUSINESS
CANOPIES - NIAGARA FALLS ARENA
The Projects & Services Engineer advised that the two side canopies at the
Niagara Falls Arena are not structurally sound, and could possibly fall. Estimat-
were obtained for repair work, h~wever the estimates were higher than the amount
allocated in the budget for repairs. It was not felt by staff that the canopies
were worth the cost of repairing, and should be torn down. The monies in the
budget to be used for repairs could then be used during 1978 to improve the front
of the arena. The verbal report was presented to Council for'~fonnation purpose
It was moved by Alderman Crowe, seconded by Alderman Chessman, that the
meeting adjourn.
READ ANDADOPTED,
Carried Unanimously,
MAYOR
-FORTY-FIRST ~ff~ETING
Comictee Room #1
November 28, 1977
CO~iITTEE OF THE WHOLE
Council met in Committee of the Whole on Monday, November 28, 1977 at 7:00
p.m. All members of Council were present. His Worship, Mayor Bukator presided
as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting. . ~&a~..
P,~AD ANDADOPTED,
NAYOR
Committee Rooms 2 & 3
November 28, 1977
Council met on Monday, November 28, 1977 at 8:20 p.m. for the purpose of
reviewing the 1978/82 6apital Budget. All members of Council were present. His
Worship, Mayor Bukator pres ided as Chairman.
PROPO6ED 1978/82 CAPITAL BUDGET
Report No. 562 - City Manager - The report recommends approval of the 1978/82
capital budget as revised by Council.
AND
Report No. 583 - His Worship, Mayor Bukator - The report provides sn explanation
of capital financing in response to various concerns raised at previous Council
meetings on the 1978/82 Capital Budget.
His Worship, Mayor Bukator stated that he did not want citizens to feel
that Council was placing the City so deeply in debt it couldnnot be repaid~ The
Mayor referred so steps taken to reduce capital financing, such as reducing the
term of debentures, placing items previous ly in capital budgets into the current
budget, etc., and explained that he wanted the other side of capital financing
explained.
Alderman Jaluvka stated that during the previous discussions of this budget,
one question had remained unanswered, and that was how much debt could safely be
carried by the City. The Alderman further stated that many financial analysts
feel a person in debt more than 20% of his or her personal income in one year
could be in too much debt. ~hen considering the revenue of the City is $33 million
and the :$12 million debt in 1978, that ties up one third of the City~s income in
debt. The Alderman felt it was not enough to say the projects in the budget are
necessary and spend the money, for if the City does not have the money to repay
the debt, the City will be in trouble. It was suggested that the debt be reduced
and a guideline adopted to try and bring debt down to 20% or 25% of the current
revenue. The City Manabet stated that $10 million is the tote1 debt, but that
figure cannot be related to the annual budget. That figure is the accumulated
debt, but it is payable through principal and interest of $1.6 million per year.
Municipalities have been nsin~a figure of maximumsafe~capital debt as 25% of
assessment. The City~s assessment is $180 million which would allow a maximum
safe debt of $45 million as compared to the City*s debt of $10 million.
Alderman Crows referred to a point made in the report stating3that debt
servicin~ costs represented 9.5 mills out of the City's mill rate of 141.06, and
asked if that figure of 9.5 represented the debt servicing costs of the Region
and School Board. The Mayor advised that 9.5 represented oaly the City~s debt
servicin~ costs. Alderman Crows asked if a reserve could be established to
retire outstandin~ debt so that the carrying charges saved could be put back
into the projects. The Deputy Treasurer advised that municipsl debentures are
issued non-concludsble for · set term. The interest rate is roughly 8~/o to 9Z
en~bW[~ .~om five to tweOty years which $s considered a reasonably 8ood rate,
-2-
and terms have been reduced from the high of twenty years to fifteen, ten or
five. Alderman Crows also asked 'what the 'ultimate cost would be over the term.
The Deputy Treasurer explained it would likely be 150% of the original borrowing.
With respect to the question of how munh debt the City can issue, the Deputy
Treasurer advised that this is based on a number of factors, including population
and the rate of pay back. A good rate of repayment is considered eo be 50~ in
ten years. The City is repaying 78% during the same period.
The Director of Municipal. Works distributed various fact sheets.on previous
and current capital budget projects. Another map showing prOJects from previous
capi~al budgets was displayed. Aldernmn MacBain suggested that Council should be
allowed more time to study the additional material. The Alderman stated that he
was not discussing need, only the City*s a~tlity to pay. It was acknowledged
that all of the projects in the proposed budget were needed, but could they be
afforded. The Alderman suggested that staff be directed to prepare a new five
year budget based on a total debt of $16 million by the end of 1982. The City
Manager explained that the material distributed could not have been made available
to members of Council earlier because it was not ready. The budget had bhen
r~ferred,tothe~speeia! meeting in order to review each item in detail, and the
information was prepared for that purpose. The City Manager felt most of the
budget was necessary and there were not many projects from previous budgets
that could be changed.
The Director of Municipal Works explained that many of the projects in the
budget are dependent on one another. If Council were to cut a pa~ticular project,
all other projects tied in with that project would have to be deleted as well.
Ra~her than delete projects entirely, Alderman Crows suggested that they be
placed in the ~u~rent budget. While such action would have an iwmediate effect
on the tax rate, in the long term the carrying charges would be eliminated which
would effect a savings.
Alderman Crows asked if certain projects could be financed through the
Expansion & Renewal Fund. The Director of Municipal Works advised that the
Expansion & Renewal Fund was used to prowide services for new development. The
recent Planning Act review recou~en~s that such monies be used in subdivis ion
development. Many of the projects in the capital budget specif_~ically service
existin~ development.
The City Manager advised tha~ when ,tha 1978 operating budget is considered,
several alternstives would be available as to how the City can project and reduce
capital debt in the future and how this will affect operating budgets 'over the
next several years.
Following further discussion, it was moved by Alderman Mann, seconded by
Alderman Stewart that the 1978 Capital Budget be approved as submitted, The
motion. Carried with the following vote:
AYE: Aldermen Cheesman, Dilts, Fera, Mann, Schisler, Sobol,.Stewart and Thomson.
.K~YE: Alderman Crow~,Jaluvka, llcBa~n~ad err,
Witha=espeee to the r~-~ining four years of the. five year budget, His Worshi[
Mayor Buhator cautioned Council not to submit a budget at "rock bottom" as the
./~ Region will not permit an increase should further expendituresbecome..necessarY.
It was moved by Alderman Cheesman, seconded by Alderman Mann, ~hat the
-....~R~9/1982Capital Budget beaapproved as submitted, The motion Ca;r,i.e,d with the
'x~ Aldermen Cheesman, Dilt~, Mann, Schisler, Sobol, Stewart' and Mayor Bukator.
NAYE: Aldermen Crowe, Fera, jaluvka, MacBain, err and Thanson, .
It ~was moved by Alderman Crows, seconded by Alderman Che.esman,' that the
m.eetinS ~adJourn. Carried Unanimously.
.BEAD AND ADOPTED, '
FORTY-SECOND ~EETING
Committee Room #1
December 12, 1977
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole on Monday, December 12, 1977 at 7:15
p.m. All members of Council were present with the exception of Aldermen Fera and
Mann. Alderman Schisler pres ided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting. ,aga~kl~
READ AND ADOPTED,
MAYOR
-- 'rvv · Vq "' '
Council Chambers
December 12, 1977
Council met on Monday, December 12~ 1977 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman Mann. His Worship, Mayor Bukator presided as Chairman.
Alderman Thomson offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart,
that the minutes of the meetings held on November 14th, 21st and 28th, 1977, be
adopted as printed. Carried Unanimously.
DEPUTATION
Y.W.C.A. - RESIDENCE DIRECTOR
Communication No. 149 - Y.W.C.A. - Theconnunication requests approval of a grant
request to cover s financial operating deficit for 1977, and a portion of the
salary for the position of Residence Director.
Mrs. A. Cotfield of the Y.W.C.A. was granted permission to address Council
on the motion of Alderman Chessman, seconded by Alderman Jaluvks, Mrs. Cotfield
read a prepared submission wherein the need for a "Residence Director" at the
Y.W.C.A. residence was outlined. The services provided by the Association to
residents 'of the City were explained and it was indicated that the number of
persons seeking assistance in various forms would be increasings and therefore
the ser~'ices of a Residence Director would be required. It was requested that
the City consider a grant of $2,650 to finance a portion of the Residence
Director~s salary, as well as a 1977 operating deficit. Mrs. Cotfield provided
additional information in response to a number of questions raised by members of
Council.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the request ber~eferred to the 1978 operating budget discussions. Carried
Unanimously.
UNFINISHED BUSINESS
911 TELEPHONE SYSTEM
Report No. 584 - City Manager - Due to nonconformity of municipal boundaries and
Bell telephone exchanges and the high cost involved in the 911 systems the report
recar~aends that the proposal be not accepted et this time.
ORDERED on the motion of Alderman Crows, seconded by Alderman Orr, that the
report be received and adopted, Carried Unanimously,
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GYURCSEK PROPERTY - 5559 GEORGE STREET
Report No. 585 - City Manager - The report provides information in response to
questions raiseddinMr. Gyurcsek~s communication of November 7, 1977. Also
provided is a history of the Cityss efforts to have the property cleared of
refuse and brought into conformity with the Property Standards By-law, since
1968.
~r. A. Gyurcsek was granted permission to address Council on the motion
of Alderman Schisler, seconded by Alderman Fete. The motion Carrie. d with the
following vote:
AYE: Aldermen Cheesmanj Fete, Jaluvka, MacBain, Orr, Schisler and Sobol.
NAYE: Aldermen Crowe, Dilts, Stewart and Thomson.
Mr. Gyurcsek stated that he was a poor man and has been happy in this
Country, but could not understand who his enemy was. He pointed out that he
was a taxpayer and hadnat bothered anybody. Mr. Gyurcsek felt that the City-
h~d stolen from him by=removing various articles from his property.
It was moved by Alderman Crowe, seconded by Alderman MacBain, that the
report be received and filed, and all other questions be referred to the City
Solicitor. The motion Carried with Alderman Fera voting contrary, Alderman
Thomson abstaining on a declared conflict of interest, and all others voting
in favour.
pROPOSED REGIONAL HEADQUARTERS
C~munication.No, 150 - Mayor D.A, McMillan, Thorold - Re: Lake Gibson Site for
ReSional Headquarters, The co~nnunication requests the support of the Mayor for
the Lake Gibson Site for Regional Headquarters. Also attached to the c~nunicatil
is a report from the Regional Director of Engineering concerning servicing for
the site, which would require the use of well water and holding tanks for sewage
until services are brou~Jlt to the area by developers.
Alderman Thomson pointed out that the use of holding tanks is contrary to
Regional policy, and auggeared that well water would not be adeq_,,uate for the
Regional complex.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fare, that the
connnunication be received and filed. Carried Unanimously.
COF~4UNICATIONS
No. 151 - Mr. V.G. Kerrio, M.P.P. - Re: Alaska Highway Pipeline. The communicati
re nests ~he su oft of Council in conCac~in~ the Pr~e Ninist r and ~hose Federa
opportunities.
O~E~p on the motion of Aldemn ~on, seconded by Aldermn Dtlts, Cha~ the
request of ~. Kerrio be endorsed. Carried U~n~ously.
No. 152 - Hinistry of Ind~try & Tourism - Re: Tourism Advertising. The
c~unicstion advises that the ~n~ry is not usinS the sloSan "Go~ Plenty of
Noney" - Visit O~tario - It~s Geared To You", and is concerned over the use of
· this slo~n as well.
O~E~D on the ~otion of Alde~n Sobol, seconded by Aldermn-Fare, that the
c~nication be received and filed. ~rried U~nimously.
No. 153 - Re~lo~l ~unicipality of Niagara - He: BiaSare Falls Developrant
Conire1. The c~untcation advises that the contract for expa~ion of the
N~8ars Falls pollution control plant will be let within two weeks, ~ the
lot control in Nis8ara Falls ~ill be removed.
O~E~D on the motion of Alde~n Cr~e, seconded by Alderran Th~on, that
the c~unication be received and filed. Carried U~nimously.
No. 154 - ReSional NunicipalitY of N~rs - Re: C.N.R. CrossinS at Dorchester
Road. The c~nication adv~es t~t the ReSion has requested the installation
o[ Sates st the Dorchester R~d crossinS of the C.N.R. The Sates will be an
interim measure until the ~rade separation is built.
-~D on the motion of Alderran ~on, seconded by Alde~n Chessran, that
the c~unication .be received s~ filed. ~srried U~n~ously,
No. 155 - C~mber of C~merce - Re: 300th Anniversary of Father Hennapin%
disc~e~ 'o[ the Fells, The csnication requests the support of the City
- 3-
in urging the Philatetic Department of the Canada Post Office to issue a
commemarative stamp on December 6, 1978 to commemorate the 300th anniversary
of Father Hennepin's discovery of the Falls.
ORDERED on the motion of Alderman Crowe, seconded by Alderman Sobol, that
the request of the Chamber of Commerce be supported. Carried Unanimously.
No. 156 - Niagara Regional Health Unit - Re: Mosquito Abatement - Encephalitis
Control 1977. The communication recommends that in fiscal projections for 1978
provision be made for continuing mosquito control on a level approximately that
of 1977.
ORDERED on the motion of Alderman Orr, seconded by Alderman Stewart, that the
communication be referred to the 1978 operating budget discussions. Carried
Unanimously.
REPORTS
No. 586 ~ City Clerk - Re: Application for Municipal Licence, Fun 'n Games,
Main Street (Chippawa). The report advises that since'all required approvals
for the business have not been received and because of concern expressed by
several Aldermen regarding the operation, the application is brought to the
attention of Council in accordance with the Licensing By-law.
Alderman Thomson stated that while he was not in objection to the application,
concern had been raised by a number of residents in the area regarding the
operation of the business. The Alderman pointed out that while the liceace
would be granted, if a serious problem developed, the licenee could be revoked
at any time. Mr. Walker advised that he was aware that complaints had been
made about young children drinking around the property, but pointed out that such
behaviour does not take place on the premises which are properly supervised at
all times. Mr. Walker felt he could not be held respodstble for the actions of
children on the street in front of his business.
Following further comment, it was moved by Alderman Cheesman, seconded by
Alderman Crowe, that pending receipt of the approval of the Building & Development
Department of the premises, the licenee be granted, and the report received and
filed. Carried Unanimously.
No. 587 = City Manager - Re: Modern Management Course. The report recommends
an expenditure in the 1978 operating budget for the attendance of one-half the
first and second-line supervisors at the subject course 'to be held by the
Region during 1978.
In response to a question raised by Alderman Crowe, the City Manager advised
that the Personnel Officer had contacted the supervisors in question to determine
if they were interested in taking the course, and indicated at that time that the
City would assume the tuition fees. The City Manager further explained that it
has been the policy of the City for a number of yea=s to assume one half the cost
of tuition fees for staff members enrolling~in courses related to their work, with
the remaining half paid upon successful completion of the course.
Alderman Sobol felt that the City's supervisors should already have these
qualities if they are holding management positions. The Alderman suggested that
other area municipalities be contacted to determine if they are interested in
the course. The City Manager advised that several municipalities are taking part
and the Region has hsd ninety of their-first-line supervisors complete the course,
and feel it is worthwhile. The City Manager felt that those involved in management
must maintain the&r level of education, and pointed out that in some cases, s
person is s lead hand one day, and the next day a. foreman. This however does
not mean that person is automstically a manager. The City Manager was of the
opinion that the course would be of great benefit to the City.
Alderman Crows pointed out that upgrading of individuals is usually on an
incentive basis whereby the person enhances his position and income on the basis
of contribution to the Job function and moving up through the different levels.
The Alderman pointed out that his profession required taking additional courses
for which he must assume the cost. Alderman MacBain felt there was a difference
between a professional paying for courses and the mid-management personnel
referred to in the reports and that it would not take much learning on behalf
of even one person for the City to Set back th~ total amount. The Alderman
stated that there is a movement to improve management techniques and municipalities
have been slow to move into such techniques. The Alderman suggested that the
recommendation should be adopted, end the results evaluated at the end of 1978.
-4-
It was moved by Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted'. The motion Carried with the following
vote:
AYE: Aldermen Chessman, Fern, Jaluvka, MacBain, Thomson and Stewart.
NAYE: Aldermen Crowe, Dilts, Orr, Schisler and Sobot.
No. 588 - City Manager - Re: Niagara Square - Extension of Canadian Drive on
Registered Plan M-40. The report recommends passage'of a by-law to authorize
the establishment of certain. lands conveyed to the City, as part of Canadian
Dr ire.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Thomson, that
the r~port be received and adopted. Carried Unanimously.
See By-law No. 77-258
No. 589 - City Manager - Re: Procedure Policy on Rezoning for Proposed Plans of
Subdivision. The report recommends approval of a new procedure for processing
zoning by-law amendments for all proposed plans of subdivision. The proposed
change would mean that the O.M.B. would withhold formal approval of the zoning
by-law amendment until the City Solicitor has advised that the subdivision
agreement has been executed and registered and the cash deposit payable under
the agreement has been paid to the City.
Aldermen Thomson expressed concern that the change would mean a further
delay in the already lengthy process of developing a subdivision. The Deputy
City Solicitor felt the new process would not cause any additional delays.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the
re~ort be received and adopted. Carried Unanimously.
No. 590 - City Manager - Re: AM-31/74, Moretta Estates Subdivision. The report
recommends passage of a by-law for the fezcuing of the subject subdivision.
Mr. G. Ungaro, solicitor for the developer, was granted permission to
address Council on the motion of Aldermen Thomson, seconded by Alderman Stewart.
The motion Carried with Aldermen Crows abstaining on a conflict of interest, and
all others voting in fayour. Mr. Ungaro, in referring to the past history of
the project, advised that Mr. Moretta had purchased a piece of prqperty in 1973
which ironted on Riall Street and came out along the hydro right--of-way. The
former Planning Director had advised Mr. Moretta that the area was in need of
developments and.for planning purposes, it would be ideal for one developer
to develop the various properties in the area. Mr. Moretta accordingly purchased
several additional parcels of land and intended to construct five high-rise
apartment buildings. The City subsequently recommended that a neighbourhood
study be carried out in this area, and Mr. Moretta consented to hold up his
development until the study was completed. The study, when finalized, recommends
a density of thirty-five units per acre in the area. With reference to the
objection raised by Namgood Construction that the apartment bdilding would be
within hundreds of feet of the Solbr Subdivision, Mr. Ungaro pointed out that
the by-law provides for a distance of 1,275 feet between the building and the
proper~y edge. Mr. Ungaro also pointed out that it was not the persons residing
in the subdivision who were objecting, but the developers.
Hr. W. Waiters o.f NamSood Construction, was granted permission to address
Council on the motion of Aldermen Thomson, seconded by Alderman Chessman. The
motion Carried with Alderman Crows abstaining on a conflict ~f interest, and
all others voting in layout. Hr. Welters asked if there had been any change
in the proposal to place 560 units on the 15.58 acres to be developed. The
Planning Director indicated that this was the proposal, which produced a density
-of 35.4 units per acre. Nr. Waiters stated that it was his understanding the
building~could,~ba'Constructed as high as 19 stories, with 3 buildings on 3 acres.
This woul~ amount to a density of 50 units per acre, and Mr. Waiters felt this
was not needed or necessary ao close to a residential zone. The Planning
Director indicated that if the park lands south of the Hydro easementsere
considered in the total acreage, the density figure is reduced to 26 units per
acre.
Aldermsn MacBsin stated that the ~o[k done by officials, developers and
previous members of Council~sappsrent, and felt that the present members of
Council should have fsith in the actions of past Councils, otherwise there
wo~Id~be no continuity.
Alderman Thomson pointed out that the only plans of the proposal attached
to the report were out of date, end could prove confusing to a person not
fsmilisr with the history of the project.
- 5 -
Following further comment, it was moved by Alderman Fera, seconded by
Alderman Thomson, that the report be received and adopted. The motion Carried
with Alderman Crowe abstaining on a conflict of interest, and all others voting
in fayour.
See By-law No. 77-259
No. 591 - City Manager - Re: Closing of Parts of Montrose Road south of Scholfield
Street and north of Q.E.W. The report recommends passage of a by-law to authorize
· the sale of portions of Montrose Road to Gike Incorporated.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Cheesman, that the
report be received and adopted. Carried Unanimously.
See By-law No. 77-260
No. 592 - Local Architectural Conservation Advisory Committee - Re: Designation
of Architecturally and Historically Significant Buildings in the City of Niagara
Falls. The report recommends the designation of five properties as historically
significant under the provisions of the Ontario Heritage Act, 1974.
ORDERED on the mot ion of Alderman Thomson, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Umanimously.
No. 593 - City Manager - Re: Coronation Recreation Centre. The report recomamnds
passage of by-laws to authorize agreements with D. Chapman & Associates, architects
for the project, and Philip Casucci Construction Limited for construction of the
Coronation Recreation Centre.
Alderman Crowe questioned the necessity of the architect to supervise
construction of the project when there is a general contractor and a set of
plans for the project. The Building & Development Co-ordinator explained that
the architect had been involved in the design of the Bucklay Avenue comelax and
prepared the plans and specifications for the recreation centre. While a
general contractor ~ould normally oversee construction, the architect% involvement
in the project and work on the plans would make him the ideal supervisor for
construction. It was also pointed out that Council authorized the retention of
Mr. Chapman as architect for the entire senior citizen complex, including the
recreation centre. Alderman Thomson stated that the City normally does require
the architect for a project to supervise construction according to the plans
prepared, and holds the architect responsible for proper construction.
Aldermen Schisler asked if there was any assurance the $50,000 amount
referred to in the report as Mr. Chapmsn|s fee, would be the maximum amount.
The Building & Development Co-ordinator indicated the amount was the maximum,
and the by-law.authorizing the agreement indicated the $50,000 maximum as well.
Following further comment, it was moved by Alderman Thomson, seconded by
Alderman Stewart, that the report berreceived and adopted. The motion Carried
with Aldermen .CroWn voting contrary, and all others in favour.
See By-laws 77-261 and
77-262
No. 594 - City Manager - Re: Development Plan ~pproval - Proposed Apartment
Building, Portage Road and Swayze Drive. The report recommends approval of the
subject development plan as submitted.
ORDERED on the motion of Alderman Thomson, seconded by Aldermen Stewart, that
the report be received and adopted. Carried Unanimously.
No. 595 - City Manager - Re: Proposed Apartment Building Development Dorchester
Road and Pew Street. The report recommends approval of a request to amend the
existing site plan agreement for the subject apartment building.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
No. 596 - City Manager - Re: Proposed 1977 Local Improvement Program. The report
rectumends approval of the 1977 Local Improvement Program and passage of a by-law
to authorize construction of the works.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimous ly.
See By-law No. 77-263
No. 597 - City Manager - Re: Encrnachments at 4115 May Avenue. The report recommends
passage of a by-law to allow an encroachment at the subject property, with the
agreement to be executed by the City upon receipt of $25.00 for legal costs.
ORDERED on the motion of Alderman gchisler, seconded by Alderman Jaluvka, that the
report be received and adopted. The motion Carried with Alderman Crowe abstaining
On a conflict of interest, and all others voting in layout. See By-law No. 77-264
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No. 598 - City Manager - Re: PatIway Crossing protection - Queen Street. The
report reconnnends that Conrail and the Canadian Transport Connission be advised
the City of Niagara Falls is tn fayour of the relocation of crossing protection
equipment, but that no parking prohibitions will be made.
Alderman Thomson felt that any matters dealing with parking in the downtown
area should be referred to the Municipal Parking Committee.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the
report barreferred to the Municipal Parking Committee for consideration. Carried
Unanimously.
No. 599 - City Manager - Re: Stop Signs on Ontario Avenue. The report recommends
prepnration of a by-law to designate Ontario Avenue a through highway from and
including the intersection of John Street to and including the intersection of
Bampfield Street.
ORDERED on the motion of Aldemman Schtsler, seconded by Alderman Thomson, that
the report bermeceived and adopted. Carried Unanimously.
No. 600 - City Manager - Re: Q.E.W. - 420 Signing. The report recommends that
the M.T.C. be thanked for their attention to guide signing within City limits and
that the Ministry be requested to consider the additional signing suggested by
the City. It is further reconnnended that City Council endorse the requests of
the N.R.T.A. and the Downtown Board of Management for additional signing.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the
report be received and adopted. Carried Unanimously.
No.. 601 - City Manager - Re: Parks & Cemeteries Equipment. The report recommends
the purchase of various pieces of equipment for the Parks & Cemeteries Department
from the low tenderera indicated.
ORDERED on the motion of Alderman Thomsons seconded by Alderman Fern, that the
report be received and adopted. Carried Unanimously,
See Resolution No. 13a
No. 602 - City Manager - Re: Updating of R.V. Anderson's 1968 "RMport on Flood
Control and pollution Abatement". The report recommends passage of a by-law to
authorize an agreement with R.V. Anderson and Associates Limited for the update
of the subject report.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson, that
the report be received and adopted. Carried with Alderman Crows voting contrary,
and all others voting in favour. ~ee By-l~w No. 77-265
No. 603 - City Manager - Re: Lighting on St. Paul Avenue. The report reconnends
that no change be made in the liRhting on St. Paul Avenue at this time.
Alderman Chessman indicated that while he agreed with the reconnnendation in
the reports the particular section of roadway posed a spediallhazard to motorists
due to poor visibility in inclement weather. The Alderman asked if any steps
could be taken to iraprove the situation. The Projects & Services Engineer sug~ e
that an inexpensive mathod of improving the situation would be to delineate the
edges of the roadway more clearly, possibly by special markings on the guard raft
a long the side of the roadway. Since St. Paul Avenue is a Regional road, it won1
be necessary to request the Region to take such action.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Schisler, that the
report be received and adopted, and the,Region be requested to consider some type
of delineation,for the edge of the roadway on St. Paul Avenue. Carried Unanimous
No. 604 - City Manager - Re: Street Light Maintenance. The report recc, nmpnds t~
all Hydro agencies supplying street lighting to the City of Niagara Falls be
notified that no special patrol expenditures are to be made ~or street. lighting
and that all maintenance operations on street lighting are to be done 'during
normal working.hours only. "
ORDERED on the motion of Alderman MacBain, seconded by Alderman Orr~ that the
report be received and adopted. Carried Unanimously.
No. 605 - City Manager - Re: Invitation Bids for the Construction of 12" Waterma~
on Montrose Road to lYr. Hiller~s Peppermint Limited, Contract W.I. 30/77. The
report recoaxaends that the unit prices submitted by Alcopa Construction Limited
· for the subject watermain, be accepted.
' ORDEPalD on the motion of Alderman Thomson, seconded by Alderman Jaluvka, that the
report he,received and adopted. Carried Unanimously. See Resolution No. 1!
See By-law No. 77-2~
No. 606 - City Nsoaaer - Re: Tender Award for Contract L,I. 28/77, 1976 Local
Improvement 8~orm. gewer and Road Construction, The report recommends acceptance
- 7-
of the unit prices submitted by Ernie Damore & Sons Limited for the subject
contract.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 136
See By-law No. 77-266
No. 607 - City Manager - Re: Tender Award for Contract L.I, 29/77, Local Improve-
ment Road and Storm Sewer Construction. The report recommends acceptance of the
unit prices submitted by Northland Bitulithic Limited for the subject contract.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Sobnl, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 137
See By-law No. 77-267
No. 608 - City Manager - Re: Municipal Accounts. The report recommends payment of
the municipal accounts.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Jaluvka, that
the report ber~eceived and adopted. Carried Unanimously.
No. 609 - City Manager - Re: A By-law to Prohibit the Depositing of Snow and Ice
on Highways. The report recommends passage of a by-law to have the provisions of
By-law 6723 apply to all parts of the enlarged City.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that the
report ber{eeeived and adopted. Carried Unanimously.
See By-law No. 77-272
No. 610 - City Manager - Re: Flood Plain Management Alternatives in Ontario. The
report recommends that the Municipality endorse the recommendations of the Muntcipa 1
Engineers Association regarding controlling of flooding, and that the raport as
well as the report of the Association be forwarded to the Minister o~ Natural
Resources for consideration.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 134 - THOMSON - FERA - RESOLVED that the quotations submitted by Crawford
Mower and Marine for the supply of cha in saws, rotary mowers and power mowers,
and the quotation of Ridgeway Farm Equipment for the supply of Case Riding
Tractors, be accepted; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 135 - THOMSON - JALUVKA - RESOLVED that the unit prices submitted by Alcopa
Construction Company for the construction of a watermain on Montrose Road, be
accepted at the tendered price of $68,799.93; AND the Seal of the Corporation
be hereto affixed. Carried Unanimously
No, 136 - CHEESMAN - SCHISLER - RESOLVED that the unit prices submitted by
Ernie Damore & Sons Limited for storm sewer and road construction under the
1976 Local Improvement Program, be accepted at the tendered price of $175,602.25;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously'
No. 137 - THOMSON - SOBOL - RESOLVED that the unit prices submitted by Northland
Bttulithic Company Limited for construction of storm sewers and roads under the
1975 Local Improvement program, be accepted at the tendered price of $317,8~6.24;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-lAWS
ORDERED on the motion of Alderman Cheesman, seconded by~',Alderman Sehisler, that
leave be granted to introduce the followin8 by-laws, and the by-laws be read a
first time:
No. 77-46 - A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the
former Township of Stamford, now in the City of Niagara Falls, as
amended. (MTC Surplus Lands)
No. 77-258 u A By-law to establish certain land as part of Canadian Drive.
No. 77-259 - By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the
f~rmer Township of StamfOrd, ~ow in the City of Niagara Falls, as
d ..... 8
amended. (Moretts Estates Sub .)
-8-
No. 77-260 - A By-law to authorize the sale to Gike Incorporated of part of the
road allowance for Montrose Road and part of the abutting highway.
No. 77-261 - A By-law to authorize the construction of renovations to the Coronet:
Recreation Centre.
No. 77-262 - A By-law to authorize an agreement with D. Chapman for architectural
services$
No. 77-26~ - A By-law to authorize the construction of certain works as local
improvements under Section 12 of The Local Improvement Act.
(TWO READINGS)
No. 77-264 - A By-law to allow the maintaining and using of a building which
encroaches on May Avenue.
No..77-265 -,.A By-haw to authorize the execution of an.agreement ~ith R.V. Andera( -..
· Limited for engineering services ..... .;,--..'-
- No. 77-266 - A By-law to authorize the execution of an agreement with Ernie Damor(
& Sons Limited for storm sewer and road construction on certain stre~
in the City of Niagara. Falls.
No. 77-267 - A By-law to authorize the execution of an agreement with Northland
Bitulithic Limited for the construction of roads and storm sewers.
No..77-268 - A By-law to authorize the execution of an agreement with Alcopa
Construction Company Limited for the installation of a watermain on
Montrose Road.
No. 77-269 L A By-law to amend By-law No. 76-61 as amended, being a by-law to
appoint a chief building official and inspectors under The Building
Code Act, 1974.
No. 77-270 - A By-law to authorize the execution of an amending agreement with He~
Majesty the Queen in right of the Province of Ontario as represented
by the Minister of Transportation and Communication~.
No. 77-271 - A By-law to provide monies for general purposes.
No. 77-272 - A By-law to prohibit the depositing of snow and ice on highways in
the City c~Niagara Falls.
Carried with Alderman
Crows abstaining on a
conflict of interest,
Bytlaws 77-259 and 2~
voting contrary on By
laws 77-262 and 77-26·
and all others voting
fayour.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewar~ that the
following by-law be now read a second time:
No. 77-263 - A By-law to authorize the construction of certain works as local
improvements under Section 12 of The Local Improvement Act.
Carried Unanimously
ORDERED on the motion. of
following by-laws be now
No. 77-46! - A By-lsw to
Township of
(MTC(Surplus
Alderman Thomson, seconded by Alderman Fera, fihat the
read a second and 'third time:
amend By-laws Nos. 2350, 1959 and 2530, 1960 of the form
Stamford, now in the City of Niagara Falls, as amended.
lands)
No. 77-258 - A By-law to establish certain land as part of Canadian Drive.
No. 77-259 - A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the for~
Township of Stamford, now in the City of NtaSara Fallss as amended.
(Moretta Estates Sub~d.)
No. 77-260 - a By-law to authorize'the sale to Gike Incorporated of part of the
road allowance for Nontrose Road and part of the abuttinS highway.
- 9-
No. 77-261 - A By-law to authorize the construction of renovations to the Coronation
Recreation Centre.
No. 77-262 - A By-law to authorize an agreement with D. Chapman for architectural
services.
No. 77-268 - A By-law to allow the maintaining and using of a building which
encroaches on May Avenue.
No. 77-265 - A By-law to authorize the execution of an agreement with R.V. Anderson
Limited for engineering services.
No. 77-266
- A By-law to authorize the execution of an agreement with Ernie Damore
& Sons Limited for storm sewer and road construction on certain streets
in the City of Niagara Falls.
No. 77-267 - A By-law to authorize the execution of an agreement with Northland
Bitulith~c Limited for the construction of roads and storm sewers.
No. 77-268
- A By-law to authorize the execution of an agreement,.i~ith Alcopa
Construction Company Limited for the installation of a watermain on
Montrose Road.
No. 77-269
A By-law to amend By-law No. 76-61 as amended, being a by-law to
appoint a chief building official and inspectors under The Building
Code Act, 1974.
No. 77-270
- A By-law 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 Communica'tions.
No. 77-271
No. 77-272
- A By-law to provide monies for general purposes.
- A By-law to prohibit the depositing of snow and ice on highways in
the City of Niagara Falls.
Carried with Alderman
Crowe abstaining on a
conflict of interest on
By-laws 77-259 and 77-264,
voting contrary on By-
laws 77-262 and 77-265,
and a 11 others voting in
favour.
NEW BUSINESS
'RAILWAY RELOCATION STUDY
His Worship, Mayor Bukator advised members of Council that the Minister of
Transportation and Communications has indicated the Province is in agreement with
' the continuation of the railway relocation study for Niagara Falls. It was moved
by Alderman Schisler, seconded by Alderman Chessman, that a letter of thanks be
sent to the Minister of Transportation & Communications for his co-operation in
this matter, and further that abe appreciation of Council also be extended to
Regional Chairman John Campbell for his assistance in seeking a continuation of
the study. Carried Unanimously.
TRANSFER OF LICENCE - NIAGARA HELICOPTERS
Alderman Thomson advised that he had recently become aware of sn advertisement
in the local press regarding a request for a transfer of license from the present
owner of Niagara Helicopters to a new owner. Under the provisions of the Act
governing hellports and helicopters, opportunity is available for persons to seek
an intervention in the transfer through a public hearing. lh~view of the past
complaints receivedare8erding the noise from helicopters, Alderman Thomson
suggested that the City contact the Federal aSencY involved to determine the
status of the transfer of licence, and the possibility Of a hearing.
MSSAGE OF CONDOLENCE
At the request of His Worship, Mayor Buk~tor, it was moved by Alderman
Thanson, seconded by Alderman Stewart, that a message of condolence be extended
to the family of the late Mr. George InSlie, a former Mayor and respected mambcr
of the cc~unityo Carried Unanimously. . .... 10
' 10 '
MR. F.W. LONG, N.F.C.V.I.
His Worship, Mayor Bukator indicated that he was present at N.F.C.V.I.
along with others, to henour Mr. Bill Long, principal of the school, who was
retiring after many years of service to the youth of the community. It was
moved by Alderman Cheesman, seconded by Alderman Fern, that s letter of best
wishes be sent to Mr. Long on his retirement. Carried Unanimously.
It was moved by Alderman Thomson, seconded by Alderman Orr, that the meeting
adjourn. Carried Unanimously.
BEAD AND ADOPTED,
MAYOR
FORTY-THIRD MEETING
Committee Room ~1
December 19, 1977
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole on Monday, December 19, 1977 a t 7:00
p.m. All members of Council were present with the exception of His Worship, Mayor
Bukator and Alderman Stewart. Alderman Chessman presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting. . ~ &A&A~ ~ ~
READ AND ADOPTED,
PRESIDING OFFICER
Council Chambers
December 19, 1977
Council met on Monday, December 19, 1977 at 7:40 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of His Worship, Mayor Bukator and Alderman Stewart.
RESOLUTION
No. 138 - CMEESMAN - JALUVKA - RESOLVED that Alderman S.W. Thomson be appointed
Presiding Officer for the meeting of December 19, 1977, in the absence of His
Worship, Mayor Bukator; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
Alderman Fern offered the Opening Prayer.
DEPUTATION
NIAGARA FALLS AND DISTRICT LABOUR COUNCIL
Mr. W. Cooper of the Niagara Falls and District Labour Council presented
City Council with a cheque in the amount of $7,000 as a further contribution
towards the Labour Council's commitment on the Prince Charles Park Pool. Alderman
Thomson thanked Mr. Cooper on behalf of Council and the citizens of the City
. for the contribution, and the Labour Council's.~ervices to the community over
the years.
COMMUNICATIONS
No. 157 - Downtown Board of Management - Re: Membership of the Board of Management.
The communication requests an amendment to By-law 72-179 to permit the addition
of three members to the Board, in accordance with a recent amendment to the
Municipal Act.
ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the
request of the Board be approved. Carried Unanimously.
No. 158 - Ministry of Transportation & Communications - Re: Urban Transport
Assistance Programme. The communication provides information on the recently
formed Urban Transportation Assistance Programme of the Federal Government.
Alderman Thomson inquired if the application for crossing protection at
the Dorchester Road/C.N.R. crossing had been made prior to the September deadline
referred to in the Minister's letter. The Director of Municipal Works advised
that he was not sure if the Region had made application in time, but that he
would check into the matter.
ORDERED on the motion of Alderman Jaluvka, seconded by Alderman Mann, that the
communication be received and filed. Carried Unanimously.
-2-
No. 159 - Mrs. C. Empey- Re: Parking on Secord Place. The communication
requests the removal of parking on Secord Place to alleviate a dangerous hazard
to young children in the area.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that
the communication be referred to staff for the preparation of a report.
Carried Unanimously.
REPORTS
No. 611 - City Manager - Re: AM-37/74, Wedgewood Builders of Niagara Limited,
West Meadow Subdivision, 26T-74083. The report recommends passage of a by-law
to permit the rezoning of the subject subdivision.
ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the
report be received and adopted. Carried Unanimously.
See By-law No. 77-273
No. 612 - Planning & Development Committee - Re: AM-l/77, Niagara River Construction
Ltd,, East Side of Pottage Roat~at H.E.P;C. Canal. The report recommends approval
of the application subject to development control, and further 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.
Alderman Thomson referred to the comments of the Fire Chief regarding the
close proximity of the proposed development to the Fire Department traintng tower,
and asked if there was some way the City could make sure the owners of the
property are aware of the existence of the tower and the fact it could be the
cause of complaints by future residents. Since the tower was built a number
of years ago, the Alderman felt the owner should be aware that the City would
not want complatnts from the new development. The City Manager advised that
the owners were aware of the tower at the Committee meeting, however a letter
would be directed to the owner prior to construction advising that this could
be a problem.
ORDERED on the motion of Alderman Or~, seconded by Alderman Fern, that the
report he received and adopted. Carried Unanimouslyi See Resolution 139, By-law 77-
274
No. 613 - Planning & Development Committee - Re: Regional Niagara Policy Plan -
Proposed Policy Revisions, DPD 998. The report recommends support of the proposals
as set forward in the City Planning Department report with the exception of the
second, third and fourth paragraphs on page 4 and that the Region be asked for
more detail and clarification of the "RURAL AND AGRICULTURAL" areas proposed in
the south part of Niagara Falls.
ORDERED on the motion of Alderman Fern, seconded by Alderman Orr, that the report
he received and adopted. Carried Unanimously.
No. 614 - Recreation Commission - Re: Changes to Recreation Commission By-law.
The report recommends passage of a by-law to provide for changes in By-law 7572
to reflect the current staff of the Recreation Department.
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
See By-law No. 77-275
No. 615 - City Clerk - Re: Objection to Zoning Amendment By-law 77-249. The
report sdVtses that a letter of objection has been received following circulation
of the subject zoning amendment by-law.
ORDERED on the motion of Alderman Sobol, seconded by Aldermen Jaluvka, that
Council re-affirm its support of the application, and that the objection be
referred to the Ontario Municipal Board. The motion Csrrted with the following
Vote:
AYE: Aldermen Dilts, Fern, Jaluvka, Mann, Orr~ Bchisler;andSobol.
NAYE: Aldermen Cheesman~ Crows and MacBain.
No. 616 - City Manager - Re: Commemoration of Father Mennepin's Visit to Niagara
Falls. The report recommends the purchase of approximately 125 black and white
photographic reproductions of works of art relating to the City to commemorate
the 300th anniversary of the first visit of Father Louis Hennapin on December 10th,
1678.
ORDERED on the motion of Alderman Chessman, seconded by Alderman MacBain, that
the report be received and adopted. Csrried Unanimously.
No. 617 - City Manager - Re: Grant to the Board of Governors of Niagara College
of Appl~d Arts and Technology. The report recommends passage of a by-law to
suthorize a grant to Niagara College in the amount of $105~000 under a~ agrecmcnt
- 3 -
with the College providing for the commencement of construction of the campus
within ten years of the date of the agreement and also providing for the College
to operate the campus on the lands for at least five years from the commencement
of operations of the campus.
In response to a question raised by Alderman MacBain, the City Manager
advised that if the College does not build within ten years, the land would be
deeded back to the City or sold at market value with the funds from the sale
going to the City.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cheesman, that the
report be received and adopted. Carried Unanimously.
See By-law No. 77-276
No. 618 - City Manager - Re: Agreement for Operating Lions Club Outdoor Rink.
The report recommends passage of a by-law to authorize an agreement with the
Lions Club for operation of the Outdoor Rink.
ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the report
be received and adopted. Carried U~animously.
See By-law No. 77-277
No. 619 - City Manager - Re: Fees for Tax Certificates. The report recommends
passage of a by-law to establish a fee of $4.00 for the issuance of a Treasurer's
Tax Certificate effective January 1st, 1978.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
See By-law No. 77-278
No. 620 - City Manager - Re: Establishing Reserves to Complete Projects Budgeted
for in 1977. The report recommends passage of a resolution to establish reserves
for items budgeted in 1977, to be completed in 1978.
ORDERED on the motion of Alderman Sobol, secondedaby Alderman Chessman, that the
report be received and adopted. Carried Unanimously.
See Resolution No, 140
No. 621 - City Manager - Re: Exemption of Certain Lots in Plan M-52 from Part Lot
Control. The report recommends the preparation of a by-law exempting certain lots
in Plan M-52 from part lot control, and that any costs arising from registration
of the'by-law be assumed by the applicant.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the
report bereceived and adopted. Carried Unanimously.
No. 622 - City Manager - Re: Ontario Good Roads Association Annual Conference.
The reportsrecommends 1) that three members of the Municipal Works be authorized
to attend the Conference; 2) that one member of Council be authorized to attend
the Conference; and 3) that as many members of Council as possible attend the
one-day seminar for Councillors on February 20th, 1978. The conference will be
held in Toronto from February 20 - 22, 1978.
Alderman Chessman suggested that those persons attending the conference,
could initiate a discussion on the use of salt on roads during the winter season.
Due to the effect the salt has on cars and foliage at the side of roads, the
Alderman suggested that most people would be willing to put up with additional
~convenience if the amount of salt was reduced and the amount of sand increased.
The Alderman pointed out that he was referring to urban streets, not nmJor
highways. The Director of Municipal Works explained the present procedure
followed in sanding and salting operations, which is basically a standard
procedure throughout the Province. It was advised that Kitchener tried to
eliminate the use of salt,, but found they could not keep up with snow removal
operations. Problems were particularly bad on side streets where snowmelted
and then froze when temperatures dropped. It was the Director of Municipal
Works' opinion that such a step should only be taken if all municipalities in
Ontario took similar action. It was pointed out that out-of-town travellets
in the City would not be aware that salt was not used on the roadway, and it
could cause a hazardous situation.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that the
report be received and adopted. The motion Carried with Aldernmn Crows voting
contrary, and all others voting in favour,
. No. 623 - City Manager - Re: Water Service Connection for Marineland Proposed 42"
Trunk Watermain on Corfield Road. The report recommends passage of a by-law to
authorize an agreement with Marineland regarding the installation of s water
service connection from the 42" watermain to be constructed by the Region on
Cotfield Road,
4
The Director of Municipal Works provided information on the size of
connection to be made, in response to a question raised by Alderman Chessman.
ORDERED on the motion of Alderman MacBain, seconded by Aldermen Mann, that
the report be received and adopted. Carried Unanimously.
See By-law No. 77-279
No. 624 - City Manager - Re: provision of Road Frontage Lots 444 and 445 - College
Crescent. The report recommends that Council consent by resolution to the
conveyance of a portion of Lots 444 and 445 on College Crescent by the M.T.C.
to the City for highway purposes.
ORDERED on the motion of Alderman theeamen, seconded by Aldermen Jaluvka, that
the report be~received and adopted. Carried Unanimously.
See Resolution No. 141
No. 625 - City Manager - Re: Northwest Recreation Project. The report recommends
passage of a by-law to authorize the acquisition of land for the Northwest
Recreation Project.
Aldermen Crowe indicated that he would vote against the report and by-law
because of the method of financing through the issue of debentures. The Aldermen
further indicated that he was not opposed to the project itself.
ORDERED on the motion of Alderman Fera, seconded by Aldermen Orr, that the report
be ~eceived and adopted. The motion ~arried with Aldermen Crowe voting contrary,
and all others voting in favour.
See By-law No. 77-280
No. 626 - City Manager - Re: By-law 72-163 to Prohibit Heavy Traffic. The report
reco~uends passage of a by-law to amend By-law 72-163 which prohibits heavy trail:
on certain streets in the City. The amendment will provide that the new type of
signs will conform to the provisions of the by-law.
ORDERED on the motion of Alderman Fete, seconded by Aldermen Dilts, that the
report berEeceived and adopted~. Carried Unanimously.
See By-law No. 77-281
No. 627 - City Manager - Re: Resolutions from Other Municipalities.
1) City of Brampton - Expressing concern with regard to the decisi_on of the
Ministry of Culture & Recreation that there be no further commitments for
grants issued under the Community Recreation Centtea Act until the 1979-80
Budget is finalized in April of 1979, and urgins the Provincial Government to
take immediage remedial action for the benefit and quality of life of the
citizens Of Ontario.
Reco,~nendation - That the resolution be endorsed and the appropriate authorfill
notified.
2) Town of Fort Erie - Objecting to a proposal by the Royal Canadian Mint to than
the size of the one cent piece, five cent piece and to elimipate the twenty-f~
cent piece, creating a twenty cent piece.
Recommendation - That the resolution be endorsed and the possibility of sub-
sidization be conveyed to Federal authorities.
3) Township of Sandwich West - With regard to the illegal passing of school buses
as governed by the Highway Traffic Act of Ontario and suggesting that an
addendum be considered to the present Highway Traffic Act to allow that where
identification of the driver of an illegally passing vehicle by the school bus
driver is not possibles the vehicle owner be fined upon proper identification
. of the vehicle by the school bus driver (in a menner.similar to that of a
parking violation).
Reco.~ndation - That the resolution be received and filed.
4) City of Pembroke - The resolution indicates that the Council of the City of
Pembroke considers the Royal 'Canadian Mounted Police to be the finest police
force in the world.
Recommendation - That the resolution be received and filed.
5) Town of Strathroy - Urging the Government of Ontario to adopt a recou~endation
relating to the transportation of hazardous meterisis within the Province, as
proposed in the fins1 report of the Legislative Asse~ly~a Select C~lttee
Highway Safety,SSeptember, 1977.
Recommendation - That the resolution be endorsed.
6) Town of Paris - Indicating that the Town of Paris supports the proposal by
"Operation Dismentle" to hold a Clobal Referendum on Disarmament and World
Order and requesting the support of the municipality.
Recommendation - For the consideration of Council.. ' j
r c i i a p g lic
campaign to promote the nse of fire alarm or smoke detecting systems in
dwelling units, and asking Insurance Companies to grant appropriate insurance
premium reductions for residential premises where approved fire alarm systems
or smoke detectin~ systems ere installed.
Rsco~,a~ndacion - That the resolution be endorsed,
-5-
8) Town of Coilingwood - Urging the reinstatement of the death penalty for
capital murder; the establishment of effective control on the purc~ se and
possession of firearms, and the abolishment of the granting of passes from
prison for convicted prisoners.
Recommendation - That the resolution be received and filed.
With respect to the resolution from Sandwich West on the illegal passing
of school buses, Alderman Cheesman felt there was a great deal of merit in the
resolution, and asked why the recommendation was made to receive and file. The
City Clerk advised that he had contacted a former president of the Ontario
Traffic Conference, and had been advised that the O.T.C. had attempted to have
similar legislation enacted and was unsuccessful. For that reason, the
recommendation was made to receive~and file.
Alderman Mann felt that further consideration should be given to the
matter of capital punishment and the establishment of proper controls on the
purchase of guns. Alderman Sohol indicated that she also was in favour of
more effective gun control regulations.
ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the
resolution of the City of Brampton be endorsed and the appropriate authorities
notified. Carried UnanimousIX.
ORDERED on the motion of Alderman Mann, seconded by Alderman Cheesman, that the
resolution of the Town of Fort Erie be endorsed and the possibility of subsidization
be conveyed to Federal authorities. Carried Unanimously.
ORDERED on the motion of Alderman Fera, seconded by Alderman Schisler, that the
resolution of the Township of Sandwich West be received and filed. The motion
.Carried with the following vote:
AYE: Aldermen Dilts, Fera, Jaluvka, MacBain, Manns Schisler.and Sobol.
NAYE: Aldermen Cheesmen, Crowe and Orr.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Schisler, that the
resolution of the City of Pembroke, be received and filed. Carried Unanimously.
ORDERED on the motion of Aldermen Schisler, seconded by Alderman Fera, that the
resolution of the Town of Strathroy be endorsed. Carried Unanimously.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Mann, that the
,resolution of the Town of Paris be received and filed. Car~fed Unanimously.
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
resolution of the City of Welland be endorsed. Carried Unanimous ly.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Schisler, that
the resolution of the Town of Coilingwood be received and filed. The motion
C~r.ried with the following vote:
AYE: Aldermen Cheesmen, Crowe, DiltS, Fera, MacBain andeSchisler.
NAYE: Aldermen Jaluvka, Mann, Orr and Sobol.
No. 628 - City Manager - Re: Building Permits. The report provides a breakdown
of the permits issued for the month of November, 1977.
ORDERED on the motion of Alderman Mann, seconded by Aldermen Sobol, that the
report be received and filed. Carried Unanimously.
No. 629 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman Mann, seconded 'by Aldermen Macgain, that the
report be received and adopted. Carried Unanimously.
No. 630 - City Manager - Re: Settlement with Local 133, C.U.P.E. The report
recommends acceptance of the settlement which provides for the following items:
1) 5.06% across-the-board increase effective January 1/78 (one year agreement)
2) Effective May 1~78 the existing Dental Plan to be upgraded to Blue Cross #9
or equivalent; 3) A rider to beaddded to the Croup Life'Insurance Plan to
provide for Accidental Death and Dismemberment; 4) 6 weeks' vacation after 35
years; all itemsimaging a tot~ll package of 5.42% which is within the A.I.B.
-guidelines.
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
report be received and adopted. The motion Csrri~ with Alderman Schisler voting
contrary, and all others voting in fayour.
See By-law No. 77-284
No. 631 - City Manager - Re: Non-Union Salaries. The report recommends increases
of 4.95% to those levels above ES7 and 5,06% to Level ES7 and below, and changes
'in the Benefits By-law in line with those recommended for union'personnel relative
to vacations, dental plan and group life insurance.
ORDERED on the motion of Alderman Fera, seconded by Aldermen Chessmen, that the
report be received and adopted. The motion Carried with the following vote|
AYE: Alderme'n theesmart, Dilts; Fern, Jsluvka, MacBain, Mann,sad Orr.
NAYE: Aldermen Crows, Schisler and Sobol.
See By-law No. 77-285
RE S OLUT IONS
No. 138 - SEE PAGE ONE
No. 139 - ORR - FERA - RESOLVED that the Council of the Corporation of the City
of Niagara Falls hereby certifies that By-law No. 77-274 for the rezoning of part
of Township Lot 95, situated on the east side of Portage Road, condorms to
Official PlanAmendment No. 28 of the Niagara Falls Planning Area as amended
and approved by the Minister of Housing; AND the Sea 1 of the Corporation be
hereto affixed.
Carried Unanimously
No. 140 - CHEESMAN - SOBOL - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby authorizes and directs that the following amounts
be established as reserves and said amounts be used for the purposes enumerated
hereunder:
BUDGET CODE
AMOUNT
1. Storm Sewer Under C.N.R. Tracks 11608 $ 6,000
2. Sewer Joint Sealing ]] 11608 2,400
3. 42" Storm Sewer near Municipal Service Centre 11608 25,000
4. Sanitary Sewer at Dorchester, Caledonia & Douglas 11608 15,000
5. Topographic Mapping 11339 15,000
· 6. Election Expenses 10115 16,700
7. Niagara College Site 13124 52,500
8. Commercial Development 12782 5,000
9. Industrial Park 12785 8,000
10. Grassybrook Development 12163 20,000
11. Niagara South Recreation Centre Ballfield 12168 10,000
12. Stamford Arena Lighting 12951 11,500
13. Niagara Falls Arena Building Improvements 12450 13,000
14. Niagara Falls Arena Electrical Improvements and
Concession Extension 12451 8,500
15.. Paving Sylvia Place Parking Lot 12593 20,000
16. Fairview Cemetery Greenhouse 12623 5,000
17. Sidewalk Construction - Frontage City Property 11172 11,500
18. Weaver Culvert - Willoughby to Sodom 11261 _L9,500
19. Morris Culvert - Creek to Bigtar 11262 12,000
20. Warner - Garner to Beechwood 11263 48,000
21. Palmar - Jepaon to Simcoe 11264 23,000
22. Jolley Gut Bank Stabilization 11266 5,000
23. Park Fencing -Optimist 11257 5,650
Various 12150 13,400
Meadowvale 12151 1,900
Prince Charles 12155 1,750
Lions & Niagara South 12159 I 6,500
~381~800
Carried Unanimously
; AND the Seal of the Corporation be hereto affixed.
No. 141 - CNEESMAN - JALUVKA - RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby consents to the conveyance of a piece of propert:
presently o~ned by the Ministry of Transportation & Communications and fronting
on Lots 444 and 445 on College Crescent, to the City of Niagara Falls, for
highway purposes; AND. the Seal of the Corporation be hereto affixed. '
Carried Unanimously
No. 142 - Btm~gL~R - CROWE - RESOLVED that the next regular meeting of City
Council be held on Monday, January 9th, 1978; AND the Seal of the Corporation
be hereto affixed. :"
...... . Carried Ur~an~nously
ORDERED on the motion of Alderman Mann, seconded by Alderman Grr, that leave be
8ranted to introduce the following by-laws, and the by-laws be read a first time:
No. 77-273 .-'Ik By-law to amend By-law No. 2530,' 1960 of the fof~er Township of
Stamford, now in the City of Niagara'Falls, as amended. (AM-37/74,
West Meadow Subdivision}
No. 77-27~ - A By-law to amend By-l~w 'No.' 2530, 1960 of theffo~mer Township of
Stamford, now in the City of Niagara Falls, as amended. (AM-I/77,
' Niagara River Constructi~on) ~
- 7 -
No. 77-275 -
No. 77-276 -
No. 77-277 -
A By-law to amend By-law No. 7572, 1968 being a by-law to
authorize the carrying on of a community program of recreation.
A By-law to authorize a grant to the Board of Governors of the
Niagara College of Applied Arts and Technology.
A By-law to authorize the execution of an agreement with Lions Club
of Niagara Falls (Ontario) Canada Inc. respecting an outdoor artificial
skating rink.
No. 77-278 - A By-law to authorize a fee of $4.00 to be charged for a tax
certificate.
No. 77-279 - A By-law to authorize an agreement with Marine Wonderland & Animal Park
Limited.
No. 77-280 - A By-law to authorize the acquisition of land for park and recreation
purposes. (TWO READINGS)
No. 77-281 - A By-law to amend By-law No. 72-163 being a by-law to prohibit heavy
traffic on certain highways in the City of Niagara Falls.
No. 77-282-
A By-law to authorize a lease of the old City Hall to Her Majesty
the Queen in right of Ontario as represented by the Minister of
Government SerEices for the Provim e of Ontario.
No. 77-283 - A By-law to provide monies for general purposes.
No. 77-284 -
A By-lawsto authorize the execution of an agreement between ,the
Corporation of the City of Niagara Falls and the Canadian Union of
Public Employees, Local Union Number 133.
No. 77-285 -
A By-law respecting sick leave credits,
for employees.
pensions and other benefits
Carried with Aldermen
Crows, Schisler and Sobol
voting contrary on By-law
77-285, and all others
voting in favour.
ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the
following by-law~,be now read a second time:
No. 77-280 - A By-law to authorize the acquisition of land for park and.recreation
purposes.
Carried Unanimously
ORDERED'On the motion of Alderman Mann, seconded by Alderman Fera, that the following
by-laws be now read a second and third time:
-No. 77-273 - A By-law to amend By-law No. 2530, i960 of the former Township of
~tamford, now in the City of Niagara Falls, as amended. (AM-37/74,
:' West Meadow Subdivision)
No. 77-274 -
No. 77-275 -
...... No.' 77~276'-
No. 77-277;-
No. 77-278
No. 77-279
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. (AM-l~77,
Niagara River Construction)
A By-law to amend By-law No. 7572, 1968 being a by-law to authorize
the carrying on of a community program of recreation,
A By-law to authorize a grantto the Board of Governors 'of the Niagara
College of Applied Arts and Technology.
A By-law to authorize the execution of an agreement with Lions Club
of Niagara Falls (Ontario) Canada Inc. respecting an outdoor artificial
skating rink.
A By-law to authorize a fee of $4.00 to be charged for a tax
certificate~
A By-law to authorize an agreement with Marine Wonderland & Aninml
~ark Limited. . .... 8
-8-
No. 77-281-
No. 77-282-
A By-law to amend By-law No. 72-163 being a by-law to prohibit
heavy traffic on certain highways in the City of Niagara Falls.
A By-Law to authorize a lease of the old City Hall to Her Majesty
the Queen in Right of Ontario as represented by the Minister of
Government Services for the Province of Ontario.
No. 77-283 - A By-law to provide monies for general purposes.
No. 77-284
A By-law to authorize the execution of an agreement between the
Corporation of the City of Niagara Falls and the Cansdis9 Union of
Public Employees, Local Union Number 133..
No. 77-285 -
A By-law respecting sick leave credits, pensions and other benefits
for employees.
Carried with Aldermen
Crows, Schisler and So
voting contrary on By-
77-285, and all others
voting in favour.
NEW BUSINESS
SIDEWALK SNOW REMOVAL
Alderman Thomson referred to the change made in sidewalk ploughing:operations
following the severe winter conditions at the beginning of 1977, whereby only
certain streets would be ploughed, Main streets, business areas, bus routes
and on one side of the street adjacent to schools located outside bus routes
were the areas selected to retain sidewalk ploughing. The Alderman advised
that he had received may complaints that sidewalks in other areas, and in
the areas to be ploughed, were not ploughed and people were walking on the road.
This is particularly dangerous for children walking to school. In that the
change in ploughing operations was made on a temporary basis, Alderman Thomson
felt Council should reconsider the matter and have staff prepare a report
outlining the costs involved in ploughing all streets and those streets
presently being ploughed. Alderman Crows felt the present systemWould be
continued even though the cost would be minimal. The Alderman felt such minimal
costs e~en~allytadd up'-on tax bills.~, Alderman Fera pointed out that the safety
of school children should be a major consideration, and stated that such a
decision would be regretted, particularly If a child were hurt.
It was moved by Alderman Crowe, seconded by Alderman Schisler, that the
present programme of sidewalk ploughing operations be continued.
It was then moved by Alderman Chessman, seconded by AldermaA Jaluvka, that
further discussion on the matter be tabled pending a report on the costs involved
in sidewalk ploughing operations throughout the City. The motion to table, which
took precedence, Cattle4 with the following vote:
AYE: Aidemen Cheesman, Dtlts,tFera~iJaluvka~nMacBain~..Orrc.andgobol,
NAYS.: Aldermen Crowe, Mann and 8chisler.
It was moved by Alderman Cheesman, seconded by Alderman Schisle~, that
the ,meetin~ adjourn. Carried Unanimously.
READ AND ADOPTED,
PRESIDING OFFICER