Minutes1978FIRSTMEETING
COI~4ITTEE OF THE WHOLE
Committee Room #1
January 9, 1978.
Council met in Committee of the Whole on Monday, January 9, 1978, at 7:00
p.m. All members of Council were present with the exception of Aldermen Fera
and Jaluvka. Alderman Crows presided as Chairman.
Following consideration of the items presented,
arose without reporting. ,,~aa~
the Committee of the Whole
READ AND ADOPTED.
REGULAR MEETING
.4AYOR
Council Chambers
January 9, 1978.
Council mat on Monday, January 9, 1978 at 8:00 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Aldermen FeTe and Jaluvka. Hie Worship, Mayor Bukator presided
as Chairman. Alderman MacBain offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Chessman, seconded by Alderman Thomson
that the minutes of the meetings held on December 12th and 19th, 1977, be
adopted as printed. Carried Unanimously.
CO~fi~INICATION8
No. I - W. Darcy McKeou~h, Treasurer of Ontario. - T~@_~9__mnnJ_~a_t_!ion outlines
the Ministry's plans for alternatives for property tax reform in Ontario, and
requests Councilts comments by no later than the'end of February.
ORDERED on the motion of Alderman Crows, seconded by Alderman Orr, that the
communication be received and referred to staff for a detailed report at a
future meeting. Carried Unanimously.
No. 2 Mr. H. A. EDO, Chairman of Liberal Caucus Task Force on Local and
Regional Government in Ontario. The communication advises that a meeting has
been arranged at Niagara Falls Public Library~Auditorium for January 17th, 1978
for the purpose of hearing views from interested and involved citizens, groups,
and orgahizations.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that
the communication be received and that interested Aldermen make an effort to
attend the meeting. Carried Unanimously.
No. 3 - Mr. B. Broadbent, New Democratic Party - The communication outlines
a proposal for a Winter Works Incentive Program with the prime objective being
to provide work for people of varying skills who ere presently listed with
Canada Manpower as unemployed.
ORDBRED on the motion of Alderman Mann, seconded by Alderman 8obol, that the
Council support the concept of a Winter Works Incentive Program and staff to
advise the Federal Government that this municipality is interested in such 'a
proposal, and further, that staff prepare a report outlining projects which
might be considered under such a program. Carried, with all voting in fayour
with the exception of Alderman Crows, who was opposed.
- 2 -
No. 4 - Re~ional Municipality of Niagara - Re: Regional Road Criteria. The
communication advises that the Region will be receiving submissions from area
municipalities regardinS additions and deletions to the road system up to
1978 02 01, and requests a reply from this municipality as soon as possible.
ORDERED on the motion of Alderman Thomson, seconded by Aldennan Stewart, that
the conmunication be referred to staff for the preparation of a report.
Carried Unanimously.
No. 5 - Regional Municipality of Niagara - Re: 1978 Water Rates. The communi-
cation advises the 1978 rates for water supplied to the City by the Regional
Municipality.
ORDERED on the motion of Alderman Crows, seconded by Alderman Thomson, that the
co~nunication be received and filed. Carried Unanimously.
No. 6 - Regional Hunicipality of NiaRara. Re: I978 Sewage Rates. The communi-
cation provides information for Council on the 1978 rates to he charged for
se~aSe received from the City of Niagara Falls by the Regional Municipality.
ORDERED on the motion of Alderman Crows, seconded by Alderman Thomson, that the
communication be received and filed. Carried Unanimously.
No. 7 - Canadian Niaaara Power Company Limited - The communication advises
that the cost of electric service supplied after Feht~aary l, 1978 to customers
of the Canadian Niagara Power Company Limited will increase by 6.3 percent.
ORDERED O~ the motion of Alderman Thomson, seconded by Alderman Orr, that the
communication be received and filed. Carried Unanimously.
No. 8 -_ Canadian Mental Health Association - Re: Request for Financial Assis-
tance. The communication outlines the difficulty bein~ experienced by this
Association in obtaining adequate funding beyond that which they receive from
the United Way and seeks the CityIs advice and co-operation in the matter.
ORDERED on the motion of AldermanMann, seconded by Alderman Schisler, that
the request be referred to the 1978 Operating Budget discussions. Carried Unanimo,
No. 9 - NisRara District Art AssoCiation - Re: Outlinin~ two proposals by the
Association, the first with respect to a sculpture "Niagara Dialogue" by Augustin
Filipovic, and the second regarding pictures from their permanent collection for
use in public, non-profit institutions such as City Hall.
ORDERED on the motion of Alderman Sobol, seconded by Aldet~nan Dills, that the
proposals be approved on the understanding the sculpture wtll not leave the Librat
Carried Unanimously.
REPORTS
No. 1 City Clerk - Re: By-laws Nos. 77-226, 77-227, 77-228 and 77-229 to
regulate parking of Commercial and Other Vehicles in Residential Zones. The
report svm.mrizes the circumstances in connection with the above referenced by-
laws, which were Siren three readings at a meeting of Council held on' November
7th, 1977. As a result of the publication procedure, as set out by the Ontario
Municipal Board, a total of 65 objections have been received, contained in 36
individual letters and a petition containing 29 siSnatures. In view of the
number of objections, the report sngSests that Council may wish to reconsider
the advisability of proceeding further with the by-laws in their present .form.
Alderman theeamen re.mrked that the by-laws were designed to protect our
citizens aSslust abuse by owners of vehicles and raised'a question as to whether
there are "teeth" in some existin~ by-laws that could deal with the initial proble
Alderman Chessman also pointed .out the distinction between vehicles which are park
daily, as opposed to other properties with four or five sclunkers' ~arked thereon
for long periods of time. T~e Cit~ 8olicitor replied that the CityIs existing
by-laws do not cover the two subject matters in question, 'i.e. the parking of com.
martial vehicles in residential areas, and the number of vehicles that may be'
parked in residential areas. The question of ~ommercial vehicles is dealt with
in by-laws of a number of other municipalities. It was ordered on the motion of
Alderman Crows, seconded by Alderman Chessman, that the objectors who were in
attendance be allowed to address Council. The first speaker, Nr. Francis Marchers
stated that he represented approximately 3~ individuals, all citizens of Niagara
Falls, all owners or tenants of residential property, and ratepayers in Niagara
'Falls, and his concern is with the perkins or storaSe of commercial vehicles on
private property. One of the most important aspects of concern is that of theft
and vandalism. This a very real fear. Many thefts of taxmartial vehicles have
occurred when the vehicles have been parked at the place of bue.iness~ The 'most
feasible perkinS place is at an occupied dwellinS. .
-3-
Report No. I - continued ....
Another factor is inconvenience. For most of these people, the most
convenient method of getting to their place of employment, and in some cases,
the only way of gettin~ home again, is to take the vehicle home at niSht. This
applies even to tractor trailer operators. The matter of convenience must also
be considered, that is, the ready accessibility of the vehicle when it is needed.
Some of these vehicles could be classed as emergency, or near-emergency type
vehicles and some'are on call night and day. Finally, Mr. Matthews referred to
the concept of being able do what one wants with oneIs own property~ and the fact
that "a mauls home is his castle', and asked that there be an end to the pro-
liferation oF re~alating by-laws ~hich affect law-abiding citizens who bought
their properties and moved in as occupants or tenants, realizing that ~here are
aesthetic standards which must be maintained.
Mr. Frank de Burgh-Thomes next addressed Council and stated briefly
his reasons for obJect~n~ to the by-laws, chiefly because what-was-proposed was
as"
"ultra wit . Mr. ~e BurSh-Thomas stated that he had secured a copy of The
Municipal Act from the City Clerk but had been unable to find any reference to
the parking of vehicles on private property, and felt very strongly that Council
should consider seriously the advisability of proceedin~ further with the by-
laws in their present form.
The next speaker, Mr. David Damp.tar ~ atltamilton legal firm, stated
he was present on behalf of hie client, Mr./~a but indicated that f
'this to be a serious problem for many persons who operate commercial vehicles.
Mr. Dampstar concurred with many of Mr. Matthew,I remarks and asked that Council
~ive serious thought to terminating further processing of the by-laws in question.
Mr. M. G. Cardwell, 5078 Shirley Avenue, stated that his vehicle
presented an investment of $38,000. In all the years he has been parking his
vehicle at his residen~e, he has not had one complaint from the neighbouts. Mr.
Cardwelt pointed out that when the vehicle was left in Toronto on one occasion,
he suffered a loss of $11,000 for tires which were stolen. In view of the
circumstances, Mr. Cardwell asked that Council withdraw the by-laws as now
written.
· liT. Graham Pelt, representing Niagara Training & Employment Agency Inc.,
stated that his or~anization operates programs and services for handicapped
individuals throughout the Region Municipality and have 15 or more individuals
~ithin the City of Niagara Falls who participate in the programs daily. In order
to transport their clients, they use two maxi-vans havin~ a ~ross weiSht of
8,000 to 8,300 lbs., which exceeds the 8ross limit of 7,500 lbs. mentioned in
theproposed by-law in question. Mr. Pelt requested consideration of an
increase of Sross weight as set out in the by-law, to accommodate their vehicles.
Mr.'Roy Vi~h, 2826 Rid,wood Crescent, also addressed Council and as an
operator of a cOmm~rcial vehicle wished to re~ister his objection to the passin~
of the emendin~ by-laws..
ORDERED on the motion of Alde1~nan Crowe.,-seconded by Alderman Stewart, that the
. Council terminate further processing of the subject by-laws and the matter be
referred back to staff for suggested alternativeS. 'Carried Unanimuusl~.
No. 2-~'- Planning' & DeveloPment - Re: AM-39/77, M. Aiello, 5817 Stanley AvenueZ
The report requests a chan~e in zoning of property the owner is acquiring in
order to extend and enlarge his present motel~ and recommends that Council approve
of the .application subject to Development Control and requirements specified by
the Region and Council ~ertify', 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 HoneinS.
ORDERED on .the motion of Aldex~nan Orr, seconded by Aldermen Stewart, that the
. report be received and adopted. The motion Carried ~!th lldermenoCfuw~e,.declaring
a conflict of interest and abstainin~ from the vote.
· .. See Resolution No. 1
and By-law No. 78-3
REPORTS.
- No. 3 - City Manager -AM-26/77, Ministry of Housing, Portage Road. The report .
deals with the Ministry of Housing's proposed 120-Unit Senior Citizen Apartment
to be erected on the east side of Portage Road at St. John Street intersection, and
submits a draft of the agreed plan to Council to obtain Counci1is approval in prtuci~
as to buildin8 design and site layout. Once the final plans have been fully agreedr.
by all parties, it will then bs recommended to Council for final approval.
ORDERED on the motion of AldermanMann, seconded by Alderman Thomson, that the
report be received and adopted. Carried Unanimously.
No. 4 ~ City Clerk -AM-31/74 - Objection to Zoning Amendment By-law 77-259,
Proposed Moreits Apartments, West Side of St. Paul Avenue, South of Mountain Road.
The report indicates that as a result of the usual notification procedure to pro-
perty owners in the area, two letters of objection were received, and requests
Council's direction in them attar so that the Ontario Municipal Board may be
notified.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that the
report be received and filed and that the application, along with the letters of
objection, be forwarded to the Ontario Municipal Board ~ith a request for a Hearing,,'
No. 5 o City Manager - Re: Application to the Ontario Municipal Board for approval
of By-laws 77-239, 77-240, 77-241 and 77-247. The report indicates that aletier
of objection has been received with respect to this proposal and is submitted to
keep the Council aware of the negoti~tions to date with reapact to obtaining,the
Boardls approval of the subject by-laws.
ORDERED on the motion of Alderman Thomson, seconded by Aldermn Stewart, that the
information be noted and the report received and filed. Carried Unanimously.
No. 6 - City Manager - Re: Foxhead Inn Limited and Tussaud's Wax Museum Property.
The report recommends that Council approve the request for an agreemen~roviding
for the removal of certain encroachmonte, and the By-law to authorize the execution
of the said agreement, which appears on tonightis aganda.
ORDERED on the motion of Alderman Crowd, seconded by Alderman MacBain, that the
report be received and adopted. Carried Unanimously.
See By-law No. 78-4
No. 7 - CityManager - Re: RatingBy-law for $405,000 Debenture Is~e. The reportt~
reconmends the passage of a by-law to'provide for the imposition of rates which will;
raise the amount of money to be burned over by the City to the Ragion to meat the
instalments of principal and interest falling due on the debentures issed to pay
for various works constructed by the City of Niagara Falls. '
OB])ERKD on the motion of Alderman Thomson, seconded by Alderman Chessman, that the
report be received and adopted. Carried Unanimo~sly. See By-law No. 78-5
No. 8 - City ManaSer - Re: Annual Housing Review. The report presents a detailed
questionnairewhich has been completed by the Planning Director in collaboration
with other City Departments, the Region and the C.M.H.C. es St. Catharines office,
for submission to the Minister of Housing in accordance with his request of !ast
November~ Aldersen Crews inquired as to exactly where the figures appeariu~ on
the questionnaire had been obtained. Mr. ereayes explained that the information
had been compiled from figures suBplied by the C.M.H.C. and various other k~owledge~
persons who had been consulted. Aldex~nan Crews expressed the opinion that-it did nc
appear proper to him to send in these projections when we have not considered the
overall picture in the light of what is actually happenin~ in the marketplace.
ereeves replied that hewas aware that some of the wording in the questionnaire re-
quired sore clarifioation, but. the Ministry of Housin~ wo~ld not hold the City to
the exact projected figures as they are, in fact, only approximations. Alderman
Chessmen indicated he would be in fayour of appro~ing this report "as an exercise",
subject to the ~iiurel belu2 given a rigorous examimation before any tomlaments
are madB b.y the City. Mr. ereayes noted that the interim housing report of approxi.
'merely three years ass, did go through such an exercise and many changes have taken
.... place in the last three years,~ The ~inel h~$inS state~nt will be produced in t~
~voti~ infav~r.: . ~ '
-5 -
REPORTS
No. 9 - City Manager - Re: Snow Plowing of City Sidewalks. In response to
Council's request of December 12th, 1977, the report is intended to provide a
comprehensive picture of the City's approved sidewalk clearing policies, along
with some of the problems. Several Aldermen expressed opinions on the options
listed in the report and stressed the need for exercising economic restraint,
while providing the best possible service to the taxpayers.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that
Option No. 3 in the report be adopted. The Motion was DEFEATED with the following
Vote:
Aye: Aldermen Dills, Chessman, err, Thomson
Nays: Alderman Mann, Crows, Sobs1, Schisler, MacBain, Stewart.
A general discussion followed on the relative mertts of the other three
options outlined in the report.
ORDERED on the motion of Alderman Crows, seconded by Alderman MacBain, that
Option No. 2 in the report be adopted. The Motion Carried with the following
vote:
Aye: Aldermen Mann, Crows, Sobol, Schisler, MacBain, Stewart.
Nays:Aldermen Dtlts, Chessman, Orr, Thomson.
No. 10 - City Manager - Re: Railway Crossing Protection - Queen Street. The
report advises that the Parking Committee has made a further study of Conrail~s
request for the Ctty's approval of changes to the existing crossing protection
at the intersection of their line and Queen Street and the Committee recommends
that Conrail and the Canadian Transport Commission be advised that the City of
Niagara Falls is in favour of the relocatton of equipment but that no parking
prohibitions will be made.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
No. 11 - City Manager - Re: Development Plan Agreement - Proposed Gas Bar,
Imperial Oil Ltd., Northwest Corner of McLeod and DOrchester Roads, AM-22/76.
Th6 report reconm~nds that Council approve of the Development Plan as sub-
mitted for the above referenced proposal.
ORDERED o~ the-motion of Alderman Mann, seconded by Alderman Stewart, that
the report be received and adopted. .Carried Unanimously.
No. 12 - City Mana~er - Re: Demolition Quotation. Quotations were invited from
three demolition contractors for the demolition of two buildings on Bucklay Avenue,
one being the former Niagara Textiles building and the other at 4895 Bucklay Avenue.
The report recommends that the low tender for the demolition for both the above
buildings, R. J. Collee Demolition of Niagara Falls, be awarded'the contract for
this work at his total tender priceof $4,025.00
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the
report be-received and-adopted. Carried Unanimously.
.' See Resolution No.2
:' By-law NO. 78-6
.No. i3 - City Maua~er - Re: Appointments to Boards, Commissions and Committees.
The report is of a preliminary nature only and is intended to acquaint Council
with the positions which most be filled on the various Boards, Commissions and
Committees, and to advise Council that it is hoped to finalire appointments at
a meetin~ to be held on Monday, January 23rd.
ORDERED on the motion of Aldet~aan Thomson, seconded by Alderman Dills, that the
report be received and filed. Carried Unanisously.
No. 14 - City Manager - Re: Sale of Lot 16, Falls Industrial Park toMSfine
~onderland & Animal Park Limited. The report recom.~nds that Council authorize
the sale of Lot 16 to'Marine ~onderland & Animal Park Limited at a rate of $11,000
per acre, or a total amount of $30,360, and that the Legal' Department be authorized
to finalias the necessary documents for this transactions
ORDgRED on the sotion of Alderman Thomson, seconded by Alderman Sobs1, that the
report be received and adopted.
See By-law ~o. 78-7
City Manager RESOLUTIONS
No. 15 - Building Permits - The report provides a bredadorn of the permits
issued by the Building & Development Department during the month of December, 1! No. 2 -MANN - STEWART - RESOLVED that the low tender for the demolition of
ORDERED on the motion of Aldermen Mann, seconded by Aldermen Crows, that the two buildings on Bucklay Avenue, one being the former Niagara Textiles building
report be received and adopted. Carried Unanimously.. : and the other at 4895 Bucklay Avenue, R. J. Collee Demolition of Niagara Palls,
be awarded the contract for this work at his total tender price of $4,025.00;
AND the Seal of the Corporation be hereto affixed.
No. 16 - Loan Review Conmittee: Re: Applications for assistance. The report Carried Unanimously.
recounends approval of 11 applications for assistance under the Ontario Home See By-law No. 78-6
Renewal programme, and one application br assistance under the Ontario Home
Renewal (Rental) programme.
ORDERED on the motion of Aldermen Crows, seconded by Aldermen Schisler, that the No. 3 - THOMSON - SCHISLER - RESOLVED that the Council of the City of Niagara
report be received and adopted. Carried Unanimously. Falls authorize the submission of an application to Central Mortgage & Housing
] Corporation for a grant to assist the Municipality in the updating of R. V.
Andersonre 1968 "Report on Flood Control and Pollution Abatement"; AND the
No. 17 - City Manager - Re: Grade Separations with Railways. The report ad- ! Seal of the Corporation be hereto affixed.
vises that the Ministry of Transportation and CowsInDications has requested a fiY4 Carried Unanimously
year projection of the Gity's plans for grade separations with railways, and
recommends that the Ministry b~l~dyised. that,~h~ c~ty-~o~sa~ot ~lan~any.~grade ,
separatiene with railways in the next five years.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Crows, that theJ
report be received and adopted. Carried Unanimously.
No. 18. - City Manager - Re: Municipal Accounts. The report recommends the
payment of Municipal Accounts. Alderman Sobel raised a question concerning
one of the t~ems.lietedl(Cheir;Pads), which was answered to her satisfaction
by the City Treasurer. Aldermen Mann questioned why City vehicles were purchasi~ By-law 76-~83, being a By-law to authorize the acquisition and clearance of
gasoline at stations when the City had its own pumps at the service centre. Mr.' land in the Woodbine Redevelopment Area of the City, be given a third and
van Deurs replied that it is cheaper to have city snow plows' and sanders buy gas
~om local stations on weekends th~n it is to have an employee called in to ser~.~ ' Carried Unanimously.
them at the service centre. Alderman MacBeth indicated that he would like to
lain a report on the Control procedures used by the Municipality to ensure that ORDERED on the motion of Aldermen Thomson, seconded by Alderman Mann, that
the CityManager is fully aware of all expenditures. leave be granted to introduce the following by-laws, and the by-laws'be read
ORDEBED on the motion of Alderman Schisler, seconded by Aldermen Chessmen, .a first time:
that the report be received and adopted. Carried~animously.
No. 19 - City Manager - Re: C.M.H,C. Grant for the Updatin~ of R.V. Anderson's
1968 "Report on Flood Control and Pollution Abatement". The report refers to ! (M. Aiello)
a previous report presented to Council at a meeting held onMay 30, 1977, and
outlines the meetings and negotiations which have taken place since that date No. 78-4 -A By-law to authorize an agreement with Foxhead Inn Limited and
in an effort to obtain approval of a C.M.H.C. grant for this projects which
would result in a grant in the amount of $31,250, plus 50% of other related expe
sea incurred by the City, The report recommends that Council pass a resolution" No. 78-5 -A By-law to provide for the levy of rates to pay the principal and
authorizing the submission of an Application for the Grant to the Central Mortga
and Housins Corporation for this project. Mr. Price remarked that he would lik~ principal amount of $405,000.00 issued for the purposes of the
to bring to Council's attention the irony months of hard work on the part of Mr. ,, Corporation of the City of Niagara Falls.
Rodmen and Mr. Tyagi which have gone into the preparation of this project. Mr.
andman explained in detail the ramifications of the report and mentioned the Me, 78-6 -ABy-law to authorize the exef, ution of an agreement with Richard
of the Central Mortgage & Mousiu~ Corporation. '
: on Bucklay Avenue.
ORDERED on the motion of Alderman Thomson, seconded by Aldermen 8chisler, that
the report be received and adopted and the resolution be passed. Carried Unanimol No. 78-7 -A By-law to authorize the sale of land in the Palls Industrial Park.
" (Lot 16 to Marine Wonderland and Animal Park Limited.
See Resolution No.
RESOLUTIONS ~
...... being a by-law designating through highways in the City of Niagara Falls.
No. 1 - ORR - STEWART- RESOLVED that the Council of the Corporation of the City No. 78-9
of Niagara Falls hereby certifies that ~he application of:M. Alello .(Restricted for the Downtown Business Improvement Area,
Area By-law 78-3); for the rezonir~ .el Part of~:Lot ~ Lots ~ & 5 . Plan ,3 located .
· t th....th...t..o=,r' of .t..1.y av.nu. a 'gpri;g St,..t .;nfo=. ;o offi.
pl...--nd..t-.e.,,ig,:a, ,h.At... ;mend.d a.d .pp=.ed.o. Tg-lC '-A By-1. to d..ignate certain land not to ha .ubJ.ct to p rt lot control.
by the Mieister~af [{eusiu2&.AMD~the.18eal.of the Corporation"be hereto affixed. No.78-11 -A By-law to provide monies for 'general purposes:
~ : ' ~½om the vote and declaring a conflict Carried. with Aldermen
'' · on By-law 78-5, and all
c!= - ~ ' .... 7 others voting in fayour.
--8 -
ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman,
that the following by-laws he now read a second and third time:
No- 78-2 - A By-law to authorize the borrowing of $5,000,000.00.
~o. 78-3 - A By-la~ to amend By-law No. 5335, as amended. (AH-39/77)
(M. Aiello)
No. 78-4
No. 78-5
A By-la~ to authorize an agreement with Foxhead Inn Limited and
Biblical Wax Museum Limited.
A By-law to provide for the levy of rates to pay the principal
and interest on debentures of the Regional Municipality of Niaga
in the principal amount of $405,000.00 issued £or the purposes
of the Corporation of the City of Niagara Palls.
No. 78-6 -
No. 78-7 -
No. 78-8 -
A By-law to authorize the execution of an agreement with Richard
Collee Trucking and Excavating Ltd. for the demolition of buildi~
on Buckley Avenue.
A By-law to authorize the sale of land in the Falls Industrial P~
(Lot 16 toMefine Wonderland and Animal Park Limited).
A By-law to amend By-law No. 3791, 1946 of the City of Niagara
Falls, being a by-taw designating through highways in the City
of Niagara Falls.
Ro. 78-9 - A By-law to amend By-law No. 72-179 to establish a Board of
Hanagement for the Do~nto~m Business Improvement Area.
50.78-10- A By-law to designate certain land not to be subject to part
lot control.
No. 78-11- A By-law to provide monies for general purposes.
'~arried, with Aldermen Cro
~oting contrary on By-law
78-5, and all others voti~t
in favour.
-9 -
It was moved by Alderman Thomson, seconded by Aldermen Stewart, that
the meeting adjourn to Committee Whole.
BEAD AND ADOPTED,
MAYOR
COMMITTEE OF THE WHOLE
Committee Room #1
January 9, 1978.
Council met in Committee of the Whole on Monday, January 9, 1978,
following a regular meeting of Council. All members of Council were present
with the exception of Aldermen Fera and Jaluvka. Alderman Crows presided
aS Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
READ AND ADOPTED,
ERK _ ,~ MAYOR
REGULAR MEETING
NEW BUSINE88
1978 CURKENT OPERATING BUDGET
Aldemnan Cheesmen requested Council to consider a new approach in deCera
mining the 1978 Current Budget. He suggested that the responsibility for
establishing a current mill rate is primarily a political decision. In
reaching this decision, Councils had, in the past, followed a procedure of ~
approving reco.w.endations foraulated by Staff. A~d. Cheeeman suggested that
this budgetary procedure was incorrect and that themembers of Council should;
establish 8utdeIlnes wherein staff would prepare their estimates. In view of
the present economic climate, he suggested that the Municipal Council should
resolve the question of any increase or possible decrodeo in the nmnicipal ~
mill rate and then have staff tailor municipal expenditures to produce the
recommended mill rats. To accomplish this end, he also suggested that it may
be necessary for Council to consider those capital projects proposed for 1978
,which would encumber the succeeding year's operating expenses. A copy of the ~
Aldermania remarks was given to the City Clerk for future reference purposes.;
AldermenMann questioned the intent~ of the rearks, particularly with
reEerence to preceding years budget discussions. He stated that he had, in fs
voted against previous budgets because of increased expenditures and suggested
that Aldermen Cheesmen,e remarks be reviewed in conjunction with the forth~
c~oming budget discussions.
Council Chambers
January 9, 1978.
Council reconvened in open session on Monday, January 9, 1978, following
a meeting in Committee of the Whole. All members of Council were present with
the exception of Aldermen Fera and Jaluvka. His Worship, Mayor Bukator pre-
sided as Chairmen.
The meeting adjourned.
AND ADOPTED,
MAYOR
Aldermen HacBatn indicated his endoreation of Alderman Cheesmen~s
ragarkS, , :, '
/
SECOND ~EETING
Conunittee Room ~1
January 23, 1978
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole on Monday, January 23, 1978 at 7:00
p.m. All members of Council were present with the exception of His Worship,
Mayor Bukator and Alderman Stewart. Alderman Dilts presided as Chairman.
Following cons ideration of the items presented, the Committee of the
Whole arose without reporting.
READ AND ADOPTED,
ACTING MAYOR
Council Chambers
January 23, 1978
Council met on Monday, January 23, 1978 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 Stewart.
RESOLUTION
No. 4 - CHEESMAN - JALUVKA - RESOLVED that Alderman S.W. Thomson be appointed
Acting Mayor in the absence of His Worship, Mayor Bukator, for the period of
January 23rd to February 5the 1978, inclusive; AND the Seal of the Corporation
be hereto affixed. Carried Unanimously
Alderman Schisler offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Aldermen Mann, seconded by Alderman Fera, that the
minutes of the meeting held on January 9, 1978, he adopted as printed. Car/ie~
Unanimous ly.
DEPUTATIONS
NIAGARA FALLS BUSINESS & INDUSTRIAL GROWTH AGENCY INC.
.Mr. A. Van der Marst, President of the Agency, was granted permission to
address Council on the motion of Alderman Mann, seconded by Alderman Jaluvka.
Mr. van der Barst distributed copies of a comprehensive report on the history
and activities of the Agency to the members of Council. Following the reading
of the report, Mr. van der flarst provided additional information in response
to a number of questions raised by members of Council.
Following further discussion, it was moved by Alderman Jaluvka, seconded
by Alderman Cheesman, that the thanks of Council on behalf of the City, be
expressed to the members of the Ntagsra Falls Business & Industrial Growth
Agency Inc. for their efforts. Carried Unanimously.
REPOR~B
No. 20 - City Manager - Re: Sale of Lots 18 and 19, Falls'Industrial Park.
The report recommends the sale of Lots &8dand 19 to Giocs Binder Systems Ltd.
and that the LeBsl Department be authorized to prepare the necessary by-law
sod documents for the campieties of the teensaction.
ORDERED on the motion of Alderman Menn, seconded by Alderman Jaluvka, that the
report be received and adopted. Carried Unanimously.
No. '21 - City Manager - Re: Sale of Lots 51 and 52~ Falls Industrial Park.
The report rec~ende the sale of Lots 51 and 52 to 8ante Rosa Foods Ltd.,
DEPUTATIO~ - Continued ...
NIAGARA FALLS PUBLIC LIBRARY BOARD
that the by-law authorizing the agreement be given the necessary readings, and ~
that the Legal Department be authorized to finalize the documents for the tram.~~
action.
ORDERED on the motion of Alderman Cro~e, seconded by Alderman Dilts, that the =~
report be received and adopted. Carried Unanimously.
See By-law No. 78-~
Communication No. 10 - Niagara Falls Public Library Board - Re: proposed Renew
and Addition to Chippaws Branch public Library. The communication presents tht~
results of the Board's review of library services and facilities in Chippaws,
asks the consideration of the Board~s request that funds be allocated for the
extension and renovation of the Chippaws Centennial Library.
Mrs. H.; Newby of the Board~s Property Committee, was granted permission tl
address Council on the motion of Alderman Cheesman, seconded by Alderman Jaluv!;4'
Mrs. Newby reviewed the contents of the brief with members. of Coun¢i~ ~nd prov~
additional information in response to a question raised by Alderman Mann. Mr.~
W. Murray of Chapman & Associates, Architects, gave a brief explanation of the
plans as posted in the Council Chambers. Mrs. Newby advised that the present
library facilities in Chippaws do not meet library standards for square footagi!
per capita, and that the proposed renovations and addition would accommodate a
population o~ seven to~ten.lthousand~:"'m
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
matter be referred to budget discussions, and that staff prepare a report on
financing of the. project through operating budgets. Carried Unsnimously.
UNF~NISHED~BUSINESS
APPOINT~NTS TO BOARDS, COI~4ISSIONS AND COMMITTEES
ORDERED on the motion of Alderman Cro~e, seconded by Alderman Chessman, that
appointments to the various boards, con=nissious and committees be referred to
Committee of the Whole. Carried Unanimonsly.
CO~fUNICATION~
No. 11 - Ministry of .the Solicitor General - Re: Inquest into the Death of
Candace Counsel1, November 11, 1977. The verdict of the Coroner's Jury on the!~
subject inquest outlines the following recamnendatious: 1) Drop gates be instsZ
immediately on both sides of tracks with flashing lights on gates with the fut~
hope that grade separation is possible; 2) Reduction of the 60 m.p.h. speed 1~
of trains to 25 m.p.h. through this crossing immediately and increased supervia
of railroad crossings by police; and 3) Increased dis'tance .of crossing signal
activetars from one quarter mile to one half mile.
ORDERED on the motion of Aldermen Orr, seconded by Alderman Crows, that the
verdict of the Coroner~s Jury be referred to the Region with the request that
the Region tmplementmto ,therextmnt~posa~ble, the recommendations of the Corenan
Jury. Carried Unanimous ly.
No. 12 - Ministry of Housing - Referral of Parts of the Nia~ar~ Regional Plan
the Ontario Municipal Board. The commuiication advises that the Min. ister'of
Housing has referred several parts of the proposed Regional Niagara Policy Plal
to the Ontario Municipal Board pursuant to Section 15.(1) of The Planning Act.
AND
Report No. 22 - City Manager - Re: Niagara Region Plan and Hearing of the Onta:
Manicipal Board. The report advises that as a result of certain additions to
Cityre urban areas shown on the Regional Niagara Policy Plan,. requests were
to have the matter ~referred to the Ontario Municipal Board £or a hearing. It
recommended that the report be received ~nd filed. ,.
Alderman 8chtsler pointed out that several of the areas in question are
related to a report appearing later on the agenda, and suggested that the matt
should be considered in conjunction ~ith the later report. Alderma~ Thomson
pointed out that it ~as not the City requesting the hearing, and that the
communication and report were simply ~or notification purposes. The Alderman
also advised that the developers of the Calaguiro subdivision had asked that
the City support their application for a separate hearing by the Board, as
there are extenuating circumstances invelved in their development.
ORDERED om the motion o[ Aldermsn Fera, seconded by Alderman err, that the
City support the application of the Calsguiro Bros. ~or a separate Ontario
Municipal Board hearing'.aS it concerns their development. Carried Unanimously
- 5 -
City should consider adopting a policy or passing a by-law regarding storage
of chemicals. It was felt that if there was s record of the type and location
of chemicals in storage, in the event ~f a fire the fire fighting personnel
would knownhat theywere up against. Alderman Thomson suggested that the
matter be referred to staff to determine if such a policy or by-law could be
considered for the future. It was also suggested that a report be prepared
on the cost involved in extinguishing the fire and recovery of the victims
bodies, along with the legal aspects concerning the loading of the floor that
collapsed and the Department of Labour~s involvement in that matter. Alderman
Sobel also suggested that the report include any involvement of the Ministry
of the Environment with respect to the storage of chemicals.
ORDERED on the motion of Alderman Crows, seconded by Alderman Dilts, that the
reports~of~His Worship, Mayor Bukator and the City Manager be received and filed,
and that a further report be prepared:onthezfinsncial costs and legal aspects
involved in fire st the former Kimberly-Clark building. Carried Unanimously.
No. 31 - City Manager - Re: 1978 ~nited Way Campaign. The report advises that
the City Manager will be Chairman of the United Way Campaign for 1978, and
Council~s permission is requested for the City Manager'to attend functions for
short periods du~ing the day. " '
Alderman Fera expressed concern over the City Manager's absence from City
Mall.for such meetings, and questioned why the meetings could not be held in the
evening hours. The Alderman advised that he had received temple ints that persons
were not able to reach the City Manager on various occasions and it was felt that
the City Manager's attendance at United Way meetings during working hours would
aggravate this situation. The City Manager pointed out that the majority of
meetings are held in the evening or are scheduled as breakfast meetings, however
occasionally it will be necessary for him to visit snmu, of the various member
agencies in order to promote those agencies. In many cases, these visits can
only take place during normal working hours. The City Manager explained that
the work involved in the campaign is considerable and is completely volunteer
work. The City Manager felt the City should be involved in the campaign in the
way of allowing certain time off, particularly when the campaign is working for
~he benefit of the City and its residents.
In response to several comments made ~y various members of Council regarding
the statement in the report concerning the City's financial contribution to the
campaign, the City Manager advised that he was not requesting that Council
aons~der a f~nancial~eontrib~ion at this time, and that consideration of the
matter would take place during budget discussions. '-
Following further discussion, it was moved bX Aldernmn Mann, seconded by
Alderman Dilts, that the report of the City Manager be received and adopted.
Carried Unanimously. ~
No. 32 - City Manager - Re: "Make Work" progranme. The report provides various
viewpoints on the proposals submitted by Mr. E. Broadbent.With respect to a
proposed nmake work" programme.
Alderman Sobel suggested that Council should request Mr. Broadbent to
com~ent~ more specifically on the work pr~Sremme and method of financing.
ORDERED on the marion of Alderman Schisler, seconded by Alderman Crows, that
the report barreceived and filed with a copy referred to Mr. Broadbent for his
comment. Carried Unanimously.
No. 33 - City Marmger-- Re:SSharing C.M.H,C. Grants with Developers. The City
Clerk advised that the report had not been finalized and would be submitted in
two weeks.
ORDERED on the motion of Alderman Mann, seconded by Alderman Chessman, that the
matter be tabled for two weeks. Carried Unanimously.
No. 34 - City Manager - Re: Ministry of HensinS Loan for the Services in the
Northwest Community. The report recommends: 1) That an application be made to
the Minister of Housing for a loan in the estimated amount of $260,000 for the
construction of works described in schedule "C" of the agreement between the City,
Region and Minister of Mousing; 2) A resolution be passed authorizing submission
of a loan application and the Mayor and City Clerk authorized to sign the three
party agreement on behalf of the City; 3) That a copy of the report be forwarded
to the Region with s request that the Region sign the agreement and participate
in the programme so that a11. necessary regional services will be available in the
area for development to proceed; 4) That Ontario Municipal Board approval be
~q~@sted ~or the project and borrowing and repayment of the loan~ 5) That an
- 6 -
amount of $260,000 (equal to the loan amount) be committed out of the Expansi/
loan becomes due (five years or longer).
Miss 3. Grandoni was granted permission to address Council on the motion
Aldermen Chessman, seconded by Alderman Schisler. Miss Grandon1 requested th
Council reject the recom~endattons in the report until finalization of the On!~
Municipal Board hearing on the Regional Niagara Policy Plan as it relates to
certain additions to the Cityts urban area. Miss Grandoat stated.~that pares]
~54 which is part of the land to be serviced will be considered by the BoardW
the hearing, and felt that to pass the report at this t/me would make a mock~
of the Ontario Municipal Board.
Alderman Schisler agreed that part of the landelinquestion are under
objection to the Board end suggested that a decision should be deferred until'
the objections are dealt with by the Board. The Director of Municipal Works
explained that the report was reconnending approval of an application for a
loan, and that the work will not necessarily be carried out. If the applice~
is not made, there will be no funds to ta~e care of the project in the future
If the funds are received, no interest is paid on the loan for a period of fi.4
years, and the monies in the Expansion & Renewal Fund which are to be used
repayment of the loan, will he receiving interest during that time. It was
also pointed out that Council is officially on record as bein~ in favour of
development in the northwest community, and adoption of the report would be e
further commitment towards Council's position. The Director of Municipal Wo~
further stated that the issue to be considered by the Ontario Municipal Boara~
.is the location of the Regional boundaries, and that according to the City~s
Official Plan these areas are under consideration for servicing. The outlet
be constructed under the project will provide an outlet for the Rolling Acres
Subdivision in addition to carrying out e part of Alternative ~8 of the Shrin!4
Creek Environmental Impact Study which has been approved by Council. Pert o~
the work will take place in an existing subdivision, and it is necessary tha~;
the remainder of the watercourse be improved, if the W-5-2 Watercourse is to
improved. The project will provide additional capacity for the existing sys~
east of the ~.E.W. and will allow development north of Thorold Stone Road.
Alderman Sobel stated that Miss Grandoat was co~erned that the Ontario
Municipal Board might be prejudiced if developers in the ares argue to. the B~
that servicing of the area is being planned and funds are being made availab]{~
at this time. The Director of Municipal Works stated that Council's pesitio~
is that development in the northwest area of the City should take place, and
that if Council did not approve the report, it would weaken the City~s positi
in this regard.
Mr. R. Wilson of the local real estate assotis. rich, was granted permissi
to address Council on the motion of Alderman Mann, Seconded by Alderman Orr.
Mr. Wilson advised that the. association is conducting e study on the rate of
absorption of housing in the City, which. will be passed on to the planning
Development Ce~lttee upon completion. Mr. Wilson felt that the report woul~
shed some doubt that perhaps the City may be rushing into too many new
developments which would not be advisable. It was requested that the report
on services for the northwest community be tabled until the aasoolation~s
report has been forwarded to the Plannin~ & Development Committee.
Alderman theeamen suggested that Council might be precipitous in its
decision, and felt that the findings of the report of the association ~ould
give the City cause to reflect on development in the area. Alderman Crows;
pointed out that the loan application does not commit Council to carrying
Following further comment, it was moved by Alderman'Crows, seconded by
Alderman Dilts, that the report be~eceived and adopted. The motion Carrie~
with the following vote:
AYE~ Aldermen Crows, Dilts, Fern, Jaluvka, MacBain and Mann.
~YE| Aldermen Cheesman, O~r, Schisler and Sobol.
See Resolution No
No. 35 - City Manaler - Re: Development Plan Approval - Proposed Restaurant,
on Buchanan Avenue, J. Cianflone, AM937/75. the report reckads approval
the subject Development Plea as submitted.
0RDBRMD on the motion of AXdermanMann, seconded by Alderman Crows, that the
report be received and adopted, Carried Unanimously.
-4-
'No. 26 - City Manager - Re: 1978 Tenders. The report requests authorization to
call tenders for certain services, materials and clothing required by various City
departments for their operation throughout the year.
Alderman Crowe referred to the tenders for employee clothing, and inquired
if the tenders would require clothing to contain a union label. The City Manager
indicated that all aspects of the tenders would be brought to Council prior to
awarding of same. In response to a question raised by Alderman Orr, the City
Manager indicated that all tenders would be advertised in the press.
Aldermen Dilts referred to the tedders for equipment and the fact that in
recent tender ca lls, a number of the large dealerships did not submit bids. The
Alderman asked if sufficient time was allowed for the dealerships to submit bids.
The City Manager indicated that there was sufficient time allowed in the tender
calls, and the City has little choice in accepting tenders ~f all dealerships do
not submit bids.
In response to a question raised by Alderman Thomson, the City Manager advised
that the purchasing Agent works very closely with the purchasing officers of the
Region and other municipalities with respect to co-operative tenders. Full
advantage is taken of co-operative tenders whenever it is of benefit to the City
financially.
ORDERED on the motion of Alderman Crows, seconded by Alderman Chessman, that the
.report be received and adopted. Carried Unanimously.
No. 27 - City Manager - Re: 1977 Local Improvement programme. The report recommends
that Items 5, 12 and 13 be deleted from By-law 77-263 since sufficiently signed
petitions opposing the works have been received, and advises that petitions were
received with respect to Items 3 and 2, however they were not sufficiently signed
by the owners whose properties will be assessed for the coat of the works.
In response to a question raised by Aldermen Crows, the Director of Municipal
Works advised that item 3 (storm seweryon'sinntcks from Vine to Atlas) was necessary
to relieve storm drainage flooding in the Vine Street area, and would be carried
out. 'Item 5 (storm sewer on Carman Street from Sinnicks to Portage) will drain
into that system, but only a part of the system, and will be deleted from the
by-law. Both Aldermen Crows and Orr felt that members of Council should receive
copies of the petitions opposing works under the Local ImprovementsProgramme.
The City Clerk explained that under the Act, he is responsible for ensuring that
all petitions received are sufficiently signed, and if the petitions are
sufficiently signed, the works cannot proceed under the Programms.
ORDERED on the motion of Alderman Cross, seconded by Alderman Orr, that the
report be =eceived and adopted. Carried Unanimously.
No. 28 - City Manager - Re: Encroachments - Sister Avenue and Lewis Avenue. The
report recommends approval of a request to permit the continuation of the subject
encroachment on the municipal roa~ allowances of Slater Avenue and Lewis Avenue
subject to payment of $25.00 to cover legal costs, and preparation of a legal
· description of the land of the owner. The agreement authorizing the encroachments
will provide for termination if the building is demolished or the Municipality
requires the land for roadway purposes. -
Alderman Schisler asked if the $25.00 fee would adequately cover the costs
involved inprocessinS the encroachment request. The City Solicitor indicated
that the fee didnnot cover all costs, and suggested that a fee of $50.00 would
more adequately cover the costs involved in preparation of the encreachment
agreement and authorizing by-law.
eRDERED on the.motion of Alderman Crowe, seconded by Aldermen Fera, that the
report be received and adopted, and that the fee covering legal coats be
increased to $50.00. Carried Unanimously.
No. 29 - City Manager - Re: Fire in Former Kimberly-Clark Building. The report
provides details on the fire at the former Kimberly-Clark building which burned
for almost a week between'January 4th and 11~h, 1978.
AND
No. 30 -.His ·Worship, Mayor Bukator - Re: Fire at Former Kimberly-Clark Building.
The report of the Mayor expresses thanks to those individuals, ,bdsinesses,
government bodies and organizations who assisted in various ways during the
fire at the Kimberly-Clark buiadinS. The Mayor offeredi,tha~Counh~l's sympathy
to the families wic lost loved ones in the disaster.
Alderman Thomson referred to the problems experienced by fire fighting
personnel wi~h the 8~?raaeo~ chemicals in the building, and suggested that the
-3-
ORDERED on the motion of Alderman Jaluvka, seconded.by Alderman Sobol, that
the conununication and report be received and filed. Carried Unanimously.
No. 1B - Treasurer of Ontario - Re: Municipal Licensing Act. The connnuntcatio]
provides information on the Municipal Licensing Act which has received first
reading by the Legislatures and requests comments on the various aspects of th
bill.
AND
Report No. 23 - City M~nager - Re: The Mu~icipal Licensing Act. The report
outlines the connern of the municipality on certain provisions of the Act, in
particular the elimination of licensing fees for all licences excepting exhibi~
of wax works, shows, etc., and taxi cab brokers or owners or d~tvers of cabs c
buses, sad secondly the inability to charge a Transient Trader's fee. Referenl~
is also made to the suggested "sunset" provision requiring re-enactment of
by-laws at periodic intervals, and it is suggested that a review term of five
years rather than at the beginning of each new Council term would appear more
reasonable. It is recommended that the Treasurer of Ontario be requested to
reconsider those sections of the proposed Act referred to in the report, and t~
endorsation of the City's concern.
Alderman MacBain ~ele~t was ra~her. un~sual.,thatthe. Province had el~mins~
all licences fees,except~ngnthoae ~o=~exhtbitiona of wax works and cabs. The
Alderman stated that the funds collected from licenee fees in 1977 may have cc~
costs, however liearming would be different under the proposed legis%sCion pr
suggested by the Treasurer.
ORDBKED on the motion of Alderman MacBain, seconded by Alderman Crows, that
report be received and adopted. Carried Unanimously.
No. 14 - Ontario Division Red Cross - Re: Annual Meeting. The communication
requests that the City consider hosting a luncheon for delegates at the annaall;'
meeting to be held in Niagara Falls between April 5 and 7, 1978.
Alderman Chessman pointed out that Niagara Falls was a target area for
groups holding conventions year round, and stated that if every request for "~
aponsorhsip of e luncheon was approved, the cos~ would be enormous,
ORDERED on the motion of Alderman Sobol, seconded by Ald~man Jaluvka, that th
communication be received and filed, and the request denied. Carried Unanimou~
REPORTS '
No. 24 - City Clerk - Re: AM-4/77, Restricted Area By-law No. 77-46, Surplus '
M,T.C. Lands at Lundy~s Lane and the Q.E.W, The report advises that as e resu
of circulation of the zoning by-law, a letter of objection cpn~aining 27
signatures was received.
Mr. P. Pasquet, a resident of the area, was granted permission to address
Council on the motion of Alderman Chessman, seconded by Alderman MacBain.
Mr. Pasquet advised that the residents of Belmont Street were only opposed to
the rezoning of the northwest corn~ of Bh&ln~ands between Belmont and the Q.E.]
north of Lundy% Lane, to tourist-commercial. Mr. Pasquet pointed out that
the entire area is fully developed in substantial single family homes built
twenty yesrs ago. The tourist-commercial use would not be contiguous W.ithooth
such uses, only residential properties. It wss also pointed out that e touris
commercial operation would ~g~&~y~Tthe traffic problem-of emerging from Bel~on
to Lundy*s Lane. Mr. Fasquet requested Council to consider altering the
so that the portion of lands between Belmont and the Q.E.W. would be zoned sin
family as the rest of the street.
Alderman MacBsin agreed with the comments of Mr. Faaquet'and suggested th
the change be made in the by-law. The City Clerk advised that a further amend
by-law would be prepared to incorporate the change.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Jaluvka, thst l
City Solicitor be directed to prepare a further amending by-law to incorporate
I ~*' change in zoning of lands betveen Belmont Street and the Q.E,W, from.tourist
,, ~:":' commercial to single family residential. Carried Unanimously.
No. 25 - City Clerk - Re: AM-37/74,.CbJection to Zoning Amendment By-law 77-273
Proposed Subdivisio~ west aide of Moatrose Roads south of Thorold Stone Road·
report sdvises that as a result o~ circulation o~ the zoning by-law, six lettel
oe objection to the proposal have been received.
VU]~T'~ ]i*[ ~ ' -" ORDZBED on the motion of Aldet~ln Nmnn~ seconded by Alderman Fern, that Council
~'~'('*~ !~H~ ~e-l~irm its support
· '=,.:: !l~:l the Ontario Municipal o~ the application, and that the objections be.referred~
- 7-
No. 36 - City Manager - Re: M.E.A. Anntml Meeting. The report recommends the
attendance of two Engineers st the subject annual meeting to be held in Toronto
on February 20, 1978, in conjunction with the Ontario;Good Roads Association
convention in Toronto.
ORDERED on the motion of Alderman Mann, seconded by Alderman Crowe, that the
. report be received and adopted. Carried Unanimously.
No. 37 - City Manager - Re: Niagara Escarpment Commission Meeting. The report
advises that a meeting has been arranged for February 23, 1978 at 7:00 p.m. in
the Council Chambers for presentation by the Commission of its Preliminary
Proposals for the Niagara Escarpment Planning Area in conjunction with the Council
of Niagara-on-the-Lake.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the
report be received and adopted, and that as many members as possible attend the
meeting. Carried Unanimously.
No. 38 - City Manager - Re: Regional Municipality of Niagara Grade Separation
Fro]acts. The report provides information on the Region's possible grade
separation projects for the next five years.
ORDERED on the motion of Alderman Sobol, seconded by Aldermen Fete, that the
report be received and filed. Carried Unanimously.
No. 39 - Loan Review Committee.- Re: Applications for Ass istance, The report
recommends approval of twelve applications for assistance under the Ontario Home
Renewal Program.
ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 40 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
The City Manager provided infornmtion regarding Cheque ~4837 in'response to
a' question raised by Alderman Fern.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that the
report be received and adopted. Carried Unanimously.
No. 41 - City Manager - Re: Exchange of Land - Portage Road/Churchls Lane Area.
The report recommends passage of a by-law to authorize the exchange of lands with
.Nr~ and Mrs. A. Holburn in order to create three single family residential lots
to be sold by the City.
ORDERED on the motion of Alderman Mann, seconded by Alderman Jaluvka,. that the
report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 4 - SEE PAGE ONE
No. 5 - CROWE - DILTS - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby authorizes the submission of a loan application
to the Minister of Housing in~the amount of $260,000 for the construction of
various services for the Northwest Community;
AND FURTHER that Council authorizes the repayment of this loan to the Minister
of Housing from the Expansion and Renewal ~nd when the loan becomes due (after
five years or longer); AND the Seal of the Corporation be hereto affixed.
The resolution Carried with the following vote:
AYE: Aldermen Crows, Dilts, Fern, Jaluvka, MacBain and Mann..
N~_YE: Aldermen theesmart, Orr, Schisler and Sobol.
BY-IAWS
ORDERED on the motion of Alderman Cheesman, seconded by Aldermen Dilts ,that the
following by-laws be now read a third and final time:
NO ·
77-242 - A By-law to authorize the construction of a watermain as an improve-
'ment to the water supply system in the. Urban Service Areas of the
City. (Kister Road)
No. 77-243 - A By-law to authorize the construction of a watermain as an improve-
merit to the'water supply system in the Urban Service Areas of the
Cityl (Stanley Avenue)
No. 77-24~ - A By-law to authorize the construction of improvements andsextensions
ton~he;lecwage system ~n the Urban Service Areas of the City.
No. 77-245 - A By-law to authorize the c.onstruction of a storm sewermain as
improvement and extension to the sewage system in the Urban Setvii
Areas of the City.
No. 77-246 - A By-law to authorize the construction of improvements and extens
to the sewage system in the -Urban Service Areas of the City.
· -' - "' Carried Unanimousl)
ORDERED on the motion of Alderman Schisler, seconded by Alderman Fern, that le~
be granted to 'introduce the following by-laws, and the by-laws be read a first
time:
No. 78-12 - A By-law to authorize an agreement with Her Majesty the Queen in
of Ontario represented by the Minister of Housing. (Ryerson/Market
N.I.P. Area)
No. 78-13 - A By-law to authorize an exchange of lands 'with Allan C. Holburn
Elizabeth Rolburn. (Church's Lane/Portage Read Area)
No. 78-14 - A By-law to authorize the sale of land in the Falls Industrial Parl
(Lots 51 & 52 to Santa Rosa Foods Ltd.]
No. 78-15 - A By-law to provide monies for general purposes.
Carried Unanimous
ORDERED oa the motion of Alderman Mann, seconded by Alderman Sobol, that the
following byelaws be now read a second and third time:
No. 78-12 - A By-law to authorize an agreement with Her Majesty the Queen in ri
of Ontario represented by the Minister of Rousing. (Ryerson/Market
N.I.P. Area)
No. 78-13 - A By-law to authorize an exchange of lands with Allan C. Holburn ax
Elizabeth Holburn. (Church's Lane/Portage Road Area)
No. 78-14 - A By-law to authorize the sale of land in the Falls Industrial Parki
(Lots 51 & 52 to Santa Rosa Foods Ltd,)
N~. 78-15 - A By-law to provide monies for. general purposes,-
Carried Unanimously
HEW BUSIM~SS
PARKING OF VEHICLES DURIN~ WINTER:MONTHS
Alderman Cheesman advised that k_resident had brought to his attention, th~
problem of driving through the City because of the snow-clogged streets. The
resident had suggested that the City adopt a policy o£ prohibitinS over-night
parking to facilitate snow removal, The Director of Municipal Works advised
thst the City does have a by-law that allows parkinS o{ vehicles for not longer
, than three hours between midnight and 7:00 s.m., however the problem arises
when the cars are legally parked when City crews must carry out snow removal
operations. Alderman Crowe po~tedeOutt ahatlwhiletha,Cityrdpesi haveis b~lawt
problems are experienced particularly during snow emergency situations. It was
moved by Alderman Chessmen, seconded by Aldermen Crowe, that the matter be
referred to staff for the preparation Of a report. Carried Unanimously.
SNOWMOBILES
Alderman Mann advised that he had received numerous complaints concern{ng
sno~nnobiles travelling on the roadway and in several instances, narrowl~ eacapi
or causin~ accidents. The Alderman suggested that the City's snowmobile by-law
be printed in the p~Sss as · reminder to residents that shewnperS~ionrof,snowmo
is prohibited in cartsin sress of the City. The City Clerk stated thst many
residents are probably completely unswsre that such 'a by-law exists, and that h~
:. would strange for publication of excerpts of the by-law in the locsl press.
.hUNeBEONS AND DI~RS
· Alderman 8obol referred to Cheque W4856 in the accounts by-law for the
.FlsnninS Dspsrtmsnt lunoheon expenses. The Alderman stated ehst in the first
. "instaMe,-it was not ~ 'lun~,heon but 8. dinner, and felt that such {unctions
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should not be paid for by the City, but by the individuals attending same.
Alderman Sobol felt the only possible exceptions would be retirement dinners.
It was moved by Alderman Sobol, seconded by Alderman Orr, that any future
City staff luncheons or dinners be paid for by the individuals attending such
functions. In response to a question raised by Alderman Thomson, Alderman
Sobol in~icated that in her opinion, the Inaugural Dinner should also be
included under this policy. The Planning Director pointed out that the
reference to City staff did not appearLto be in order in that the Planning
and Development Connnittee instructed staff to arrange the dinner meeting.
Alderman theeamen suggested that members of Council would be well advised to
obtain further information before making a decision on such a policy. It was
then moved by Alderman Chessman, seconded by Alderman Ja lurks, that the matter
be tabled for two. weeksi.,and.that staff. prepare a report for submission at
that time. The motion Carried with Alderman Sobol voting contrary, and all
others in fayour.
HEIGHT OF SNOWAT INTERSECTIONS
Alderman Sobol advised that guests staying'at her motel had been involved in
an accident causing considerable damage to their car asaa result of snow piled
high at an intersection ~blQcking J their view of on-coming traffic. While
the Alderman was not able to supply the location of the intersection, it had
apparently been the scene of a similar accident on that same day. Alderman
Sobol asked if the City could have the snow pushed back further or removed to
improve sight distances. The Director of Municipal Works advised that City
crews do attempt to remove the snow at intersections, however the ploughs are
unable to operate when curb-faced sidewalks are involved. The problem also
arises with snow removal operations blocking traffic on major streets carrying
heavy traffic. The Director of Municipal Works further advised that the City
does have a priority list of intersections, and meetings are being held with
Regional officials to ensure that snow is moved away from major intersections.
Due to the costs involved, it is not possible to remove snow from.all intersections
in the Citys and priority is therefore given to major intersections.
It was moved by Alderman Crowe, seconded by Alderman Cheesman, that the
meeting adjourn to Committee of the Whole. Carried Unanimously.
READ AI'iD ADOPTED,
ACTING MAYOR
Committee Room#1
_~ January 23, 1978
Cpuncil met in CQnmitteeeof the Whole on Monday, January 23, 1978 following
a regular meeting. All members of Council were present with the exception of His
Worship, Mayor Buhator and Alderman Stewart. Alderman Dilts presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
READ AND ADOPTED,
ACTING MAYOR
C(
Council Chambers
January 23, 1978
Council reeonvened.in open session on Monday, January 23, 1978, following
a meeting in Co~nittee oE the Whole. ALl members of Council were present with
the exception of His Worship, Mayor Bukator and Aldetmmn Stewart. Alderman
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Thomson, Acting Mayor, presided as Chairman.
The meeting adjourned,
READ AND ADOPTED,
THIRD ~EETING
Con~nittee Rooms #2 & 3
January 30, 1978
SPECIAL MEETING
Council met on Monday, January 30, 1978 at 7:30 p.m. for the purpose of
considering the 1978 water ~upply system proposed operating budget and water
rates. All members of Council were present with the exception of His Worship,
Mayor Bukator and Alderman Stewart.. Alderman Thomson presided as Chairman.
WATER RATES
Report No. 42 - City Manager - The report recon~aends that no water rate increase
be taken during 1978 and that the financing of the system be again reviewed towards
the end of the current year to establish the adequacy of the rate structure.
In reviewing the report, the City Manager explained that originally a rate
increase ofd7~had. been projected for June 1, 1978, however for various reasons
it had not been necessary to increase the rates during 1978. The rate structure
will be re-evaluated in December when the next Council takes office, with
possible rate increase projections of 6% for 1979, 5% in 1980 and 5% in 1981.
In response to a question raised by Alderman Mann, the City Manager explained
that the fire protection service revenue, which is sometimes referred to as a
hydrant rental rate, is a charge to the Fire Department under operational costs,
end is credited to the revenue of the Water Department. It is a per hydrant
charge ao that tax spending is charged against the Water fund, going from the
taxpayers back~to the water rate payera.
Alderman Chessman asked how the Provincial grants would be calculated. The
Deputy Treasurer explained that the formula is approximately 6% of the difference
between the wholesale and retail rate of water. The support grant is paid partially
to the Region and that is one reason water purchase costs are lower and why a
rate increase is not scheduled for 1978.
Alderman Sobol questioned the safety aspects of the water;supply system,
and asked what checks are made to insure purity of the water. The Superintendent
of Water Distribution advised that one hundred samples are sent to the Health
Unit each mohth. Each week twenty to twenty-five samples are taken ~t"
different locations around the City from the individual taps in the houses. In
addition if complaints are received, a sample is taken'immediately and forwarded
to the Health Unit for analysis.
Alderman MacBain asked if regulations existed concerning the use of a
surplus by the Water Department. The City Manager advised that the surplus was
used as a workin~ reserve and is designated by Council in approving the water
budget and rates.as opposed to a tax funded budget.
Following further discussion, it was moved by Alderman Crows, seconded
by Alderman Chessman, that the report be received and adopted. Carried Unanimously.
1978 WATER SUPPLY SYSTEM PROPSBED OPERATING BUDGET
Report No. 43 - City Manager - The report recommends adoption of the 1978 water
supply system operating budget.for 19
The City Manager advised that in 1978, $90,000 had been allocated towards
capital works projects which would reduce the 1978 Capital Budget as the projects
were scheduled. In the finalizing of the 1977 accounts, an amount of $25,000
remains for the reduction in capital projects, totalling an amount of $115,000
towards a reduction in capital spending. It is anticipated that such allocations
to offset capital spending will be cons idared an on-going contribution each year.
Alderman Sobol questioned why in 197~ an amount Of $516,400 was allocated
for operating and maintenance expenses, while a total of $548,352 was required.
The City Manager explained that the heavy storm in January causing maiy frozen
mains resulted in overspending in the maintenance and operation accounts. Around
the clock thawing machines were utilized during the storm, and many shallow mains
that had frozen solid had to be replaced.
In response to a question raised by Alderman MacBain, the Deputy Treasurer
advised that all revenues are placed in one bank account, including water
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revenues to minimize borrowing from the bank toTfinance tax supported items.
The Superintendent of ~Water Distribution advised that an amount had been
hllocated in the budget for a 65 H.P. concrete cutter. This piece of equipment/
is expensive and cannot always be rented when required. In all City tenders, a,a
saw cut is required while the Water Department is still breaking the pavement
with Jackhammers. In response to a question raised by Alderman Mann concernin[~
renting the equipment, the Superintendent advised that Water Department crews
are laying watermaiu across new intersectious and when connections are install~
the equipment would be used practically every day for several weeks. It was
· also pointed out by the Dfrector~'ef Municipal Works that-the saw would eliminat~
many of the noise complaints received from use of the jackhammers, and would
i s nded by
Alderman Jaluvka, that the report and 1978 Water Supply System Operating Budget
be received and adopted. Carried Unanimously.
NOTE: Alderman Cheesman was absent when the vote was .taken on this item.
WATER RESTRICTIONS AND WATER SUPPLY
Report No. 44 - City Manager - The report outlines seven courses of action that,~
could be taken to ensure adequate water supply for the City and alleviate the
inconvenience of water restrictions.
In response to a question raised by Alderman Crowe concerning watering
restrictions, the Director of Municipal Works explained that the..te~ms' of '
referendS f~r.the~repor~lweregto~cutliue~the-stePafro betakenfto provide compl
unrestricted use of water and for that reason, the report only discouraged day
watering rather than recommending against it. In checking with the School of
Horticulture, it had been determined that lawn watering is of most benefit dur]
the evening when evaporation is at a minimum.-
Alderman MacBain who 'originally requested the report, advised that the
report had satisfied the questions raised earlier, and it was no~ apparent thai
there is no way th6 City or Region can raise the funds necessary to provide an
unlimited supply of water, free of water restrictions. The Aldermsn ~ed '-
whether or not the City was falling behind or advancing in the replacement of
inefficient mains, and if allowance should be made in new developments such as
subdivisions, multi-unit housing and high rise buildings to offset the major
expenditures that will be required in the future for the City's water supply
system. The Director of Municipal Works advised that with respect to replaceme~
he felt the City was on stream and spending funds in a reasonable manner to
replace mains. It was also advised that the Cityms By-law 73-267 requires $125
per unit for three-family and over and is used for both sewer and water faciliti
The amount is about as high as can be charged by the Municipality. The Direct0if
of Municipal Works suggested that the Region should have some form of impost f0I.
oversizing facilities to allow development. The City Manager added that in
addition to the replacemsnt of mains, the City now uses ductile iron or cement
lined east iron pipe which requires less maintenance than the earlier kypes
used. The cost is higher, however it is well worth the cost in theureduction o
maintenance neqessa~y.
Alderman Cheesmsn questioned whether in fact the City had on a massive
scsle fallen behind in maintenance of an adequate water system. The Aldermen
wondered whether the City had tended to give higher priority to other services,
and was suddenly realizing the great deficiency existing. The Director of
Municipal Works felt that the funds in the budget for replacement repmeseated.;!
· reasonable expenditure to keep the system in relstively good shape. ~Lasa,'yea
theereservoir e~uidsbeufll{edLduring, thewevening~houzs and,~with~eatrietions .on
water could be held for use during prime hours. Capacity must be maintained fox
fires. With the larger feed available from the Regional trunk mein~ the Cfty
might be able to get through part of the summer without restrictions, however
once the trunk main is installed, its operation will be reviewed.
Alderman HacBein suggested that $50,000 could be taken from the water fu~
surplus end added to the $150,000 allocated for contribution to capital budget
proJeots to improve the water system, snd then Council could in Soodffeith
recoawe_nd to the future Council · high priority on replacement. The Deputy
Treasurer indicated that there wss no fix on the amount of surplus, however the
City did try to keep enough funds on hand to operate the system independently.
_ ,, ~ =he surplus should eover the number of normal receivables in the s~stem or a
.,t..t,o..nab ....eu...ee of th..,.n..ry 1,77 .to., co.xd o.u... problem.
~;,~ ~):~;i'! · Alderman Msnn suggested s 1% or 2% increase could be made to use treeerda the
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cost of replacing mains in the City. The City Manager advised that a small
increase would necessitate a change in the billing and computer work, and it
,would be preferable to have a 7% or 8% increase in 1979 instead of the 6%
projected at this time. Alderman Crowe felt: that Council should be honest and
have an increase in 1978 rather than an=additional increase in 1979. The
Alderman felt that staff had presented a good budget with a chance to keep
water rates down and such changes would mean an increase and the City would
lose the benefits of deferring capital costs.
Following further discussion, it was moved by Alderman Sobol, seconded
by Alderman Cheesman, that recommendations ~1 and ~6 be adopted, and recommendation
#5 amended to prohibit daytime watering of lawns and gardens from June 1st to
September 30th. Carried Unanimously.
WATER I~TERS - AREA MUNICIPALITIES
Report No. 45 - City Manager - The report provides information on the costs
of installing domestic externally mounted and read meters in the City. It is
suggested that discussions be held with officials of the Borough of North York
who have instituted a "telephone interrogation" method of meter reading, to
determine the effectiveness of this programme.
Alderman MacBatn pointed out that while the concept of water meters for
the City was sound, the cost involved of over $2 million was prohibitive, and
discussion on the matter would be of little use. Alderman Mann felt that the
use of water meters was the only fair way of supplying water to City residents,
and to discourage the wasting of water.
The Director of Municipal Works advised that he agreed with the "pay for
what you get" philosophy, however the cost of installation ~n.!addition to the
costs for reading and servicing the meters might not necessarily result in a
savings. It was his opinion that the City should spend money on repairing leaks
rather than discoUr6ging.residents.-f~om using. water. It was suggested that
stiffer penalties could be imposed for watering lawns during restricted hours,
and staff could contact officials from North York to determine the effectiveness
of their programme.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Crows, that the
report be received and filed. Carried Unanimously.
It ~as moved by Aldermen Crowe, seconded by Alderman Dilts, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
ACTING MAYOR
FOURTH MEETING
COMMITTEE OF THE WHOLE
p.m.
Alderman Mann presided as Chairman.
Committee Room #1
February 6, 1978
Council met in Committee of the Whole on Monday, February 6, 1978 at 7:00
All members of Council were present with the exception of Alderman Orr.
Following consideration of the
Whole arose without reporting.
presented, the Committee of the
READ AND ADOPTED,
CLERK
MAYOR
Council Chambers
February 6, 1978
consi business. All members of Council were present with the
exception of Alderman Orr. His Worship, Mayor Bukator presided as Chairman.
Alderman Crows offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that
the minutes of the meeting held on January 23, 1978, he adopted as printed.
Carried Unanimously.
DEPUTATIONS
NIAGARA REGIONAL POLICE
Chief of Regional Police, D. Harris, presented City Council with a
ceremonial sword which displays the crests of the area municipalities within
the Region and the crest of the Niagara Regional Police. Chief Harris
explained that the sword was designed by Sgt. D. Pay of the force and made'by
Wilkinson. S~ords of EBBland. His Worship, Mayor Bukator thanked Chief Harris
for the sword and stated that it would be kept on permanent display in the
City Hall.
MR. N.J. PUTTICK - RE: IMPROVEMENTS TO FINANCE DEPARTMENT
Mr. N.J. Puttick was granted permission to address Council on the motion
of Alderman Thomson, seconded by Alderman Fern. Mr. Puttick advised that his
purpose in address Council was to request clarification of a number of items
contained in Report ~451 considered by City Council on September 12, 1977,
concerning certain improvements in the Finance Department. The report stated
that 'funds were available at budget time in 1977 for the improvements, however
due to the high level of needs in the buildingma~ntenance account, the
recommendations were not presented. Since that time funds became available in
the account to allow for an expenditure of $11,048.00. Mr. Puttick explained
that in checking, he had determined that the back,up. for the request to Council
to proceed was the savings from the Payroll account derived during .the.1977
City strike, An amount of $10,000 ~as in the 1977 budget for the hiring of a
consultant and ventilation for the computer room, and only $1,100 was spent on
an sir conditioner without using a consultant, Due to a poor application of
paint to the ceiling tiles, a significant rebate was given to the Cityby the
painting contractor. The consultant charged the City for additional supervision,
and Mr. Puttick questioned the validity of this charge when the paint was not
applied properly in the first instance. According to report ~451, there is no
programmed main~enance schedule other khan cleaning and dusting, and yet there
~as an amount of $169,100 in account #10200 the maintenance account. In
sue~ry~ Mr, Puttick asked that Council reqUeSt a report covering (a) the
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net total cost for redecorating the Finance office, including the personnel
and purchasing Departments; (b) What money has been spent and how from the
savings due to the 1977 strike; (c) Why only $1100 was spent on an air
conditioner for the compute~ room when an amount of $10,000 was in the 1977
budget for the work; and (d) Whether or not there is a programmed maintenance
schedule- Mr. puttick felt that monies in the budget had been shifted without
Councilss consideration of the matter, and f we an i
members o£ Council might have,
ORDERED on the motion of Alderman Thomson, seconded by Alderman, that the
matter be referred to staff for a complete report, and that Mar. Patrick be
notified when the matter will be donsidered by Council. Carried Unanimously.
CO~tUNICATIONS
No. 15 - Niagara Peninsula Conservation Authority - Re: Shriner's Creek Project}~
The conunun~cation suggests that COunci~apass a resolution requesting the !
Authority to proceed with the necessary land negotiations and transactions
reqnired for the project. nsiug the firm of MacKenzie, WilSon and As~ociates. } ~
ORDERED on the motion of Alderman Menu, seconded by Alderman Thomson, that
the communication be received, and the necessary resolution passed. Carried
Unanimously. See Resolution
No. 16 - Niagara peninsula Conservation Authority - Re: Flood Line Mapplug.
The communication requests Council~s approval of floodplain land maps and theiI;~
inclusion in the Official Plan and Regional Official Plan.
ORDERED on the motion of Alderman Crowe, seconded by Alderman Jaluvka, that thei
communication be referred to staff for the preparation of a report. qarried ·
8nanimously.
No. 17 = Regional Municipality of Niagara - Re: Emergency Measures LegislatiomI
The communication requests Council~s endorsation of a resolution petitionlug
the province to enact appropriate legislation covering emergency situations.
..
Alderman Thomson pointed out that in the background material to the
Region~s letter, reference is made to con~ensation for damages as a result
of entering upon private props rty without consent during emergency conditions
and yet no reference is made to compensation in the resolution, The Alderman I
felt that theematter:of compensation and responsibility for declaration of a
state of emergency should be considered in any legislation covering emergency i~
measures. Alderman MacBain also suggested that consideration should be given
to providing. authority to order an evacuation, particularly iu instances of
chemical spills.
Alderman crows stated that the resolution was a request for the Province
to provide permi~ssive legislation to cover emergency situations, and felt
that the Province would consider all of these contingencies in any proposed
legislation. AldermanrJaluvha;suggested~that the Ragloathe advised. t-hat theseit
the resolution be endorsed, and the Region he advised of Counctl*s-.~oncerns in
the matter, Carried Unanimously ....
No. 18 = Regional M~nici~slity of Niagara - Re: Regional Business & ~ndus~rial~
Sub-Committee. ~he communication requests that each local .council appoint one~
representative, to a Regional Business & Industrial Advisory-body to .meet with
the Sub=Committee as soon as possible.
.I 'Alderman Jaluvke questioned whet. her the appointee should be a member of
Council or a non-elected person. Alderman Thomson felt that any person servi~
on the Conntttee should be associated with t~e Niagara Falls Business and
lndnatrial Crowth Agency, and suggested that Mr, A. van tier Hatst, President
of the agency would be a most appropriate representative to the advisory body.
Alderman Crows suggested that the matter be c~&rified before an appointment is
considered by Council.
ORDERED on the motion of Alderman Crows, seconded by Alderman Thomson, that th
j~' matter be tabled and the Region be asked to clarify .whether o~ no~ ,the appoint
~ · /~
I-is to be a member of Council, and if not, determine from the Niagara Falls
.Business & Industrial Growth Agency the name o£ a suitable appointee. 9arried~
Unanimous l~.
-;: lo- ionsl ...ici,.lit of nt.rim -l.w. The
'/,' '+{hi:i*c~.~unicat~on advises that the Region s interim levy against ~e area
-~:':>. ..~iI
......... : .............................................
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municipalities are due on or before March 31, 1978 and on or before May 31,
1978.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Crows, that
the communication be received and filed. Carried Unanimously.
No. 20 - Bell Canada - Re: Request for Increase in Rates. The communication
provides information on B~ll~s request for an increase in rates to be effective
July 15, 1978.
Alderman Thomson connnented that in the past he had not always objected to
Belles increases due to inflationsry trends, however when individuals are
restricted to 6% increases in wages, a 20% increase by a utility seems unfair.
The Alderman felt the controls should apply to everybody- Alderman Sobel
pointed out that in 1975, Bell increased their profits by 32~/o from $49.8
million to $66 million dollars, and yet blackmailed new customers by saying
that new equipment would not be installed if increases were not approved.
In response to a question raised by Alderman Thomson, the City Clerk
advised that in the past the Association of Municipalities of Ontario had filed
an intervention against the rate increases, and the costs for the intervention
· were levied against the member municipalities on a per capita basis. The
procedure had become very costly and there was duplication. It was advised
that the Consumers Association of Canada would be filing an intervention against
the rate increase, and the Clerk suggested that if Council objected to the rates,
the. City could<support the intervention to be filed by the Association.
Alderman Cheesman suggested that prto~ito lending the City's support to the
Association's intervention, it should be determined whether or not the Git~ would
be expected to share in the cost of the inte~vention. The City Clerk stated that
this matter would be investigated prior to supporting the Association's
intervention.
ORDERED on the motion of Alderman Thomson, seconded by 'Alderman Fera, that the
City add its support to the intervention against proposed Bell Canada increased
rates by the Copaumers Association of Canada. Carried Unanimously.
,,. REPORTS
No. 46 - Recreation Commission - Re: Niagara South Recreation Board. The report
recommends the appointment of Mr. Kenneth Angle to the Niagara South Recreation
Board.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the
report be received and adopted. Carried Unanimously.
No. 47 - City Manager - Re: Report of the Ontario Residential Condominium Study
Group. It~is-~ecommended that the report be endorsed for submission tO the
Minister of Consumer & Commercial Relations, and that the Ministry be requested
to allow more time for response relating to municipal servicing and standards.
Alderman Sobel. advised that the study group is recommending all-adult
condom~nium buildings, and that while she agreed such developments were desirable
in some areas of the City, it would not be acceptable whent.applied universally
throughout the City. The planning Director stated that he was not recommending
~hat the recommendations of the study group be adopted, only that the staff
report be submitted to the Minister with the request that more time be allowed
for a response from the City. In response to a question raised by Alderman
Ferns the Planning Director advised that it would take additional time to
study the group's recommendation~ and there would be an opportunity for the
planning & Development Committee to review the report.
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that
the report be received and adopted. The motion Carried with Alderman Sobel
voting contrary, and all ethers in favour.
No. 48 - City Manager - Re: AM-4/77, Surplus M.T'.C. lands at Lundy~s lane and
the Q.E.W. The report advises that a by-law has been prepared to eover~the
lands for which no objections were made, and that a by-law covering the land
between Belmont Street and the Q.E.W. would be prepared once an Official Plan
amendment has been prepared and reviewed by the Planning & Development Commit~ee.
ORDERED on the motion of Alderman Thomson~ seconded by Alderman Fera, that the
report be received and filed. Carried Unanimously.
See Reselution No. 7
See By-law No. 78-16
No. 49 - City Manager - Re: AM-17/76 - Berkhout Holdings Ltd., 8646 Willoughby
Drive, Con_dominium Corporation Application 26 CDM 75-209. The report reconNnends
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passage of a by-law authorizing the execution of a release to Barkhour Holdin
Llmited.
ORDEREDUIon the motion of Alderman Mann, seconded by Alderman Thomson, that thi4
report be received and adopted~ Carried Unanimously.
See By-law No. 78]
No. 50 - City Solicitor - Re: Road Allowance between Contensions 1 and 2 of tt
description of the land in question.
ORDERED on the motion of Alderman Crowe, seconded by Alderman Thomson, that
report be received and adopted. Carried Unanimously.
See By-law No.
No.hS1 - City Manager - Re: Easement from Ontario Eydro for 84 Inch Storm Sewe
. on Ontario Hydro land adjacent to Stanley Avenue. The report recommends passa~
of a by-law authorizing the execution by the City of a grant of easement
Ontario Hydro for the subject storm sewer.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fern, that the
report be received and adopted. Carried Unanimously,
See By-law No. 78-~
No. 52 - City Manager - Re: Grant to Board of Governors of Niagara College ofi~
Applied Arts and Technology. The report recommends passage of a by-law
authorizing the execution of an agreement covering the grant to the Board of
Governors of the College subject to certain conditions.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that thel~
report be received and adopted. Carried Unanimously. .
See By-law No. 78-~
No. 53 - City Manager - Re: Interim Tax Levy 1978. The report recommends
pass
of by-laws to provide for the levy and collection of interim taxes for 1978.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Schialer, that
the report be received and adopted. Carried Unanimously,
See By-laws 78-21
· . . 78-22
No. 54 - City Manager - Re: 1978 Budgets; The report recommends that apropos
1978 Parking Budget and preliminary 1978 Operating Budget be submitted for re
on February 27, 1978.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson, that
the report be received and adopted. Carried Unanimously.
No. 55 = City Manager - Re: Stop Signs along Heximer Avenue, The report reco~
preparation of a by-law to allow the erection of stop signs for both eastbound!~
and westbound traffic on Skinner Street at Heximer Avenue and on Heximer Avenu
southbound at Arad Street.
ORDERED on the motion of Alderman Mann, seconded by Alderman Diks, that the
report betreceived and adopted. Carried Unanimously.
No. 56 - City Manager - Re: Ministry of TransportatiOn & Communication Subsidfi
The report recommends that a dele~stion of appointed. and elected officials be
authorized to visit Toronto with a view to obtaining a more appropriate subsid~
allocation for the City of Niagars Falls.
In response to a question raised by Alderman Cheesman, the Director of
Municipal Works advised that the City's Roads Needs Study has not been complete
and the M.T.C. used the preliminary findings of the consultant as one of the
criteria for establishing subsidies, It was explained that the study in its
present stages does not take all factors into account~ such as storm drainabe.
It was also pointed out that a. number of road projects were planned on the
basis of existing M.T.C. subsidy policies, and~without subsidies, they cannot
proceed.
ORBRED on the motion of Alderman Thomson, seconded by Alderman Jaluvka~ that
the report be received and adopted. Carried Unanimously.
No. 57 - City MansZer - Re: Identification of Buried Public Utility Services
Usin8 · Colour Codin~ System. The report recommends that the colour coding
system for buried public utility services euSgested by the Construction Safety
Association of Ontario be endorsed and accepted by the City.
ORDE!~D on the motion of Aldermen Schisler, seconded by Alderman Dilts, that
the report be receive4 ,and :adopted. Carried Unanimously.
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No. 58 - City Manager - Re: Sharing of C.M.H.C. Grants with Developers. The
report reconmends approval of a proposed grant sharing formula and procedure
as outlined, and that staff be authorized to work whatever overtime is necessary
to process the applications for the C.M.H.C. grants.
Alderman MacBain suggested that the Legal Department should be asked to
provide a legal opinion on whether or not it is permissable for the City to be
sharing government funds with private developers. In response to a question
raised by the Alderman, the Director of Municipal Works advised that the City's
share of the grant would be more than enough to cover the cost of overtime
incurred in processing applications.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Jaluvka, that
the report be received and adopted, subject to confirmation by the Legal Depart-
ment that sharing of the C.M.H.C. grant is permissable. Carried Unanimously.
No. 59 - City Manager - Re: Building Permits. The report provides a breakdown
of the permits issued by the Building & DevelOpment Department for the month of
January, 1978.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the
report be received and filed. Carried Unanimously.
No. 60 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
The City Treasurer and City Manager provided information regarding Cheques
~5114, #5115, #5116, #5117, #5143 and #5064, in response to questions raised by ..
Aldermen Mann and Jaluvka.
ORDERED on the motion of Alderman Mann, seconded by Alderman Cheesman, that~the
report be received and adopted. Carried Unanimously.
No. 61 - City Manager ~ Re: Sale of Lot 22, Falls Indus~rial Park. The report
recommends the sale of Lot 22 to Niagara Ready Mix Limited for the sum of $30,690
and that the Legal Department be authorized to complete the necessary documents
for the sale.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the
report betreceived and adopted. Carried Unanimously.
RESOLUTIONS
No. 6 - MANN - THOMSON - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby requests the Niagara peninsula Conservation Authority
to proceed with the necessary land negotiations and transactions required for
the Shriner's Creek project and that the firm of MacKenzie, Wilson and Associates
negotiate,on behalf of the City of Niagara Falls and the Niagara peninsula
Conservation Authority for the subject properties, subject to funds for'the City's
share of the project being received from develOpers in the area; AND the Seal
of the Corporation be hereto affixed.
Carried Unanimously
No. 7 - THOMSON - FERA - RESOLVED that the Council of the Corporation of the
City of Niagara Palls hereby certifies that By-law No. 78-16 for the rezoning
of parts of Township Lots 13Z/and 141, located on the northeast, southeast and
southwest corners of Lundy's Lane and the Queen Elizabeth Way, 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. ~Carrted U~animously
No. 8 - THOMSON - CHEESMAN - RESOLVED~HAT WHEREAS the Honourable W. Darcy
MaKeough, Treasurer of Ontario and Minister of Treasury, Economics and
Intergovernmental Affairs, has proposed the consolidation and revision of
existing legislative authority relating to municipal licensing;
ANDWHEREAS municipalities have been invited to forward their comments on the
proposed Municipal Licensing Act;
AND W~REAS the proposed Act eliminates the authority of a municipality to
collect a licensing fee and thereby removes the ability of a municipality to
recover any part of the cost incurred in'the issuing of a licehoe;
N~WTBEHEFORE BE IT RESOLVED that the Council of the Corporation ~f the City
of Niagara Falls hereby petitions the Nonourable Minister to revise the proposed
Municipal Licensing Act to:
(a) permi~tmunicipslities to impose a reasonable licence fee to offset, in
part, the cost incurred by the municipality in issuin~ licences;
(b) Make appropriate allowances in the proposed Act to permit the charging of
a Transient Trader's fee, ,,,,,6
(c) Defer the inclusion of any "sunset" clause that would require the I No. 78-18 - A By-law to amend By-law NO. 74-197 to stop up and close and to
re-examination of existing by-laws in a period of less than five years; i authorize the sale and conveyance of part of the unopened road
AND BE IT FURTHER RESOLVED that a copy of this Resolution be circulated to i allowance between Concessions 1 and 2 of the former Township of
area municipalities within the Regional Municipality of Niagara and to the " Willoughby, now in the City of Niagara Falls.
Ontario Municipal Association for endorserich and support; AND the Seal of tl!I~
Corporation be hereto affixed.
Carried Un~nimous~
BY- LAWS
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart~ that
be granted to introduce the following by-laws, and the by-laws be read a fir~
time:
No. 78-16 - A By-law to amend By-laws 2350, 1959 and 2530, 1960 of the forme~
Township of Stamford, now in the City of Niagara Falls, as amended
(AM-4/77, M.T.C. SurplUs Lands)
No. 78-17 - A By-law to authorize the execution of a release to Berkhout Hol~
Limited.
No. 78-18 - A By-law to amend By-law No. 74-197 to stop up and close and to
authorize the sale and conveyance of part of the unopened road
allowance between Concessions 1 and 2 of the former Township of
Willoughby, now in the City of Niagara Falls.
NR. 78=19 - A By-law to authorize the execution of a grant of easement from
Ontario Hydro for a storm sewer.
No. 78-20 - A By-law to authorize a grant to the Board oE Governors of"the N:
College of Applied Arts & Technology.
No. 78-21 - A By-law to provide for an interim levy of taxes.
No. 78-22 - A By-law to provide for the collection of interim taxes for the
year 1978,
No. 78-23 - A By-law to designate 3360 St. Patrick Street of architectural va'I
and of historic interest. '
No. 78-24 - A By-law to designate the old St. John the Evangelist Ar~lican
at 3428 Portage Road of architectural value and of historic inter~
No. 78-25 - A By-law to deignate the old police building at 4582 Zimmerman A~.
of architectural value and of historic interest.
No. 78-19 - A By-law to authorize the execution of a grant of easement from
Ontario Hydro for a storm sewer.
No. 78-20 - A By-law to authorize a grant to the Board of Governors of the
Niagara College of Applied Arts & Technology.
No. 78-21 - A By-law to provide for an interim levy of taxes.
No. 78-22 - A By-law to provide for the collection of interim taxes for the · year 1978.
No. 78-23 - A By-law to designate 3360 St. Patrick Street of architectural value
and of historic interest.
No. 78-24 - A By-law to designate the old St. John the Evangelist Anglican Church
at 3428 Portage Road of architectural value and of historic interest.
No. 78-25 - A By-law to des ignate the old police building at 4582 Zimmerman Avenue
of architectural value and of historic interest.
No. 78-26 - A By-law to designate the old Stamford Township Hall at 5810 Ferry
Street of architectural value and of historic interest. ,
No. 78-27 - A By-law to designate the Whirlpool House at 3011 Portage 'Road of
· ~ .'. .' architedt~ral value and of historic interest. - ·
No. 78-28 - A By-law to provide for appointments to certain Boards, Commissions
and Committees.
No. 78-29 - A By-law to allow the maintaining and using of a building which
encroaches on Lewis Avenue and Slater Avenue.
No. 78-30 - A By-law to provide monies for general purposes.
No. 78-31 - A By-law to authorize the sale of land in the Falls Industrial Park.
(Lot 22)
No. 78-32 - A By-law to authorize the sale of land in the Falls Industrial Park.
(Lots.~8 & 19) Carried Unanimousl~
No. 78-26 - A By-law to designate the old Stamford Township Hall at 5810 Ferry:.
Street of architectural value and of historic interest, ~
~o. 78-27 - A By-law to designate the Whirlpool House at 3011 Portage Road of~
: '.t- architectural value and of historic interest~ .:~ '-
No. 78-28.- A By-law to provide for appointments to certain Boards, Commissiov
and Cormittees.
No.. 78-29 - A By-law to allow the maintaining end using of a .buildins which
encroaches on Lewis Avenue and Slater Avenue.
N~o, 78-30 -A By-law to. provide monies for general purposes,
~9, ~8-3~ - A By-law to authorize the sale of land in the Falls Industrial Par
(Lot 22)
N~. 7.8-32 - A By-law to authorize the sale ef land in the Palls Industrial Par
(Lots 18 & 19)
Carried Unanimousl
ORDERED on the marion of Alderman Bean, seconded by Alderman Cheesmen, that th
following by-laws be now reed a second and third time:
No. 78-~ - A By-law to amend By-laws 2350, 1959 and 2530, 1960 of the former
.... · '= Township of Stamford, now in the City of-Niaaara;Falls, as amended
(AM-4/Y7) M.T.C. Surplus Lands)
No. ,78-17 - A.'By~law to authorize the execution of arelease to Berkhout Holdt
..... Limited.
NEW BUSINESS
SIDEWALK ONMCMIUKING STREET
Alderman ThOms~n-.referred to a smal~sect~n,'iof M~Mt~king, Stree~ that
was developed separately from ~he twol~.larger~Sections which were developed under
plans of subdivision. There isttno sidewalk in frent of~the five homes on this
section of McMicking, however sidewalk does exist in both of the larger sections.
The property owners involved have attempted to have sidewalk constructed under
the Local Improvement Act, however the residents on the larger sections of the
street have been opPosed~,=tnLeharing in the cost of the work. There is also a
problem of hedge~ e,tendtngzto the roadway which block ~ight distances. The
problem would be solved by the installation of a sidewalk on this section,
The Aldermen suggested that Council consider the installation of s idewa lk on
this section of McMicking Street during budget discussions, otherwise, the
residents would never get s idawalks. It was moved by Aldermen Thomson,
seconded by Alderman Dilts, that staff prepare a budget on the matter for
consideration during operating budget discussions. Carried Unanimously.
PROP(BED DEVELOPI~NT - CHURCH OF T~ REDEEMER
Alderman Thomson advised that an application had been made by .the Church
of the Redeemer to the Land Division Committee for s severance on a parcel of
property on Moatrose Road south of Mountain Road adjacent to the Q,E,W, The
Church wee:asking for · severance of twenty acres from a ninety acre parcel of
land in~order~to construct a.new Church'tbuilding. The former building was
sa~ld to the City foi the senior citizens~ recreation complcx. The Alderman
explained that the Church proposed a unique project in that it was planned t~
the recreational development is to keep young people involved in the
and its activities. ~he proposal is consistent with the policies of the Nia~
Escarpment Commission. The City's policies indicate that in a rural area,
certain compatible low density institutional uses would be permitted. Churc[
are not specifically mentioned, but the recreational area is permitted. In
response to a request for infornmtion by the Land Division Committee, a roerobe
of the Planning Department staff co~nented that the proposal was unacceptable
and the City would not be in favour of the application. The Aldermen felt tk~
City staff were not aware of the entire project, and because of this conm~ent,~
perfectly. It was pointed out that~ the: twenty. acre parcel .will not affect at
existing farm land. BecaUse of theaimportance~ of the project, Alderman Thomi~
1 o o eX1 n
1 O O
staff for a report on the questions raised. The motion .Carried with Aldermar.
Crows abstaining on a conflict of interest, and all others voting in fayour.
It was moved by Alderman Schisler, seconded by Alderman Fern, that the
meeting adjourn to Committee of the Whole. Cerried Unanimously.
RF~D AND ADOPTED,
Co~nittee Room
' _~ February 6, 1978~
councilmet inc ttea oftha ole onMond y,
a regular meeting of Council. All members of Councils
exception of Alderman Oft. AldeImanMsnn presided as Chait~nan.
Following consideration of the items presented, it. wasumoved by Aldermenl
Thomson, seconded by Alderman Chessman, that the Connnittee of the Whole rise
and report. Carried Ur~nimously.
READ :AND ADOPTED,
Council Chambers
February 6, 1978
Council reconvened in open session on the mo.tion of Aldermen Thomson,
seconded by Alderman Cheesman, All members of Council ~ere present with the
exception of Alderman Orr. His ~orsbip, Nayor Bukator presided as Chairman.
I~60TIATIOI~ - LOCAL 528, NIAGARA FALLS PROFESSIONAL FIRE FI6RTERS
Report No. 6~ - City NanaSer - ~he report reconunends the followin~ settlement
Salaries - A rote for First Class Fire Fighter of $18,440 per annum represent:
· ~.25~ increase. Vsestions - ~ weeks after 12 years, 5 weeks after 21 years
O~DE!~D on the motion of Alderman NacBain, seconded by Aldet~nan Chessman, ths~
the report be received end adopted. The motion Carried with Alderman Sehislex
votin~ contrary, Aldermen Nann snd .Thomson abseskning on a conflict of 'interes
and all others voting in
Report No. 63 - City Msns2er - ~he report rec~ends chat Captain Ray Hudson
-9-
be granted a Retirement Allowance under Section 240 of The Municipal Act of
· $1,200 per annum, from February 1, 1978, the date of his retirement, until
the end of the month in which he reaches his 65th birthday.
ORDERED on the motion of Aldermen MacBain, seconded by Alderman Cheesman,
that the report be received and adopted on the condition that should legislation
be passed reducing the age at which a person is entitled to receive Canada
pension and/or Old Age Security pension, this retirement allowance shall cease
on the date he becomes eligible. The motion ~arri~d with Alderman Schisler
voting contrary, and, all others voting in favour.
ORDERED on the motion of Aldermen Crowe, seconded by Aldermen Stewart, that
leave be granted to introduce the following by-law, and the by-law be read a
first time:
No. 78-33 - A By-law to authorize an agreement with Niagara Falls professional
Fire Fighters, Local 528 of the International Association of Fire
Fighters. Carried with Aldermen
Schisler voting contrar~
Aldermen Mann and
Thomson abstaining on a
conflict of interest,
and all others voting in
favour.
ORDERED on the motion of Alderman Cheesmen, seconded by Aldermen Jaluvka, that the.."
following by-law be now read a second and third time:
No. 78-33 - A By-law to authorize an agreement with Niagara Falls professional '
Fire Fighters, Local 528 of the International Association of Fire .;
Aldermen Mann and
Thomson ebs~aining on a
conflict of interest,
and all others voting in.
favour. ___
It was moved by Atdermen Cheesman, seconded by Alderman Stewart, that the
meeting adjourn. Carried Unanimously.
MAYOR
READ AND ADOPTED,
m
FIFTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
February 20, 1978
Council met in Committee of the Whole on Monday, February 20, 1978 at
7:15 p.m. All members of Council were present with the exception of Alderman
Stewart. Alderman Orr presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting. .~a
READ A~D ADOPTED,
R~,~,,,., · ,.b. · q"~"'
MAYOR
Council Chambers
February 20, 1978
Council met on Monday, February 20, 1978 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman Stewart. His Worship, Mayor Bukator presided as Chairman.
Alderman Sobol offered the-Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the minutes of the meetings held on January 30, 1978 and February 6, 1978, be
adopted as printed. Carried Unanimously.
PREgENTATION OF RETIREMENT WATCH AND 25-YEAR PIN
His Worship, Mayor Bukator presented a retirement watch to Captain Ray
Hudson who retired from the Fire Department on January 31, 1978, after almost
thirty-two years of service with the Department. Also presented by the Mayor
was a 25-year pin to Mr. Doug Morningstar who will complete twenty-five years
of service with the City on February 25, 1978.
PRESENTATION TO 141{. L. GRIGOROFF
His Worship, Mayor Bukator presented an eskimo carving to Mr. Louis
Grigoroff, former president of the Niagara Falls Business & Industrial Growth
Agency. -~
DEPUTATIONS
NIAGARA CHAIR-A-VAN
Communication No. 21 - Greater Niagara Transit Commission - The communication
encloses the statement of affairs in respec~ to the transportation for the
physically handicap~ed in 1977.
Mr. G. Mowers, Chairman of the Commission, was granted permission to
address Council on the motion of Aldermen Thomson, seconded by Alderman Orr.
Mr. Mowers introduced the members of the Management Board of Niagara Cha it-A-Van.
It was pointed out by Mr. Mowers that the Commission was not receiving a
subsidy on this service at the present time, but it now appears subsidy will
be available within the not too distant future.
Both Aldermen Cheesmsn and Thomson commended the members of the Management
Board for making such a service possible to those residents of the City who
are handicapped and would be unable to get out into the canmunity otherwise.
ORDERED omthe motion of Alderman Thomson, seconded by Alderman Orr, that the
communication be received and filed. Carried Unanimously.
GREATER NIAGARA TRANSIT CO~4ISSION
Communication No. 22 - Greater Niagara Transit Commission - The coramunicatio
O O
provides information on the statement of affairs of the Commissi n f r the y
ending December 31st, 1977.
Mr. G. Mowers, Chairman of the Commission, provided a brief explanation
of the financiaF, statement and offered to answer any questions members of
Council might havd. His Worship, Fayor Bukator thanked Mr, Mowers for his ,
many years of service to the City. Mr. Mowers advised members of Council
Mr. McMshon the Manager of the Commission, had been elected Vice-President o
the Ontario Urban Transit Association.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Thomson, tha1
the con~unication be received and filed. Carried Unanimously.
UNFINISHED BUSINESS
SPECIAL COMMITTEE - SMOKING BY-LAW ·
!
'Report No.' 62 - Alderman Cheesman- The report reconnendS thdt 'a 'draft q3y-lsU
be prepared to restrict smoking in retail shops, patient care areas, banks, ~
financial institutions and munfedpal offices service lines, school buses
restaurants public assembly areas and elevators '
Alderman Chessman sisted that the Committee was attempting to avoid some
of the pitfalls which have appeared in the Toronto and Ottawa by-laws. The I
of The Municipal Act dealing with the number of employees i e ..
establishment. The St. Catharines by-law also removes the responsibility of
enforcement from the propeltrot and employees and requires only the posting
of specific signs. The other cities had passed their by-laws based upon a
provision of The Municipal ]~ct dealing with welfare of the community. The
Alderman also referred to the fact that the solicitor for the City of
Mississauga had advised that Council against passing a by-law based on the
general welfare provision. This did not, however, deter the Council from
pressing forward with some form of by-lsw. A great deal of input was receive.
by the Committee from various citizen groups i~luding the Niagara Region Lu
c o t eraant. Aldern~n 8obol co~ented
that Council should not put too much stress on enforcement. but rather shouldi
look at the byslaw as an incentive to respect the rights of smokers and non-
smokers. The possibility of designating smoking areas was also suggested by
Alderman Sobol.
Alderman Mann advised that he agreed with the majority of locations ~efel
to in the report with the exception :of retail shops. The Alderman felt it
be difficult to restrict smoking at a retail outlet when it is selling cigars!
at the counter. If Council is going to enforce the by-law, the selling of
cigarettes should he restricted in such areasagas is the case at the hospital
Alderman Jaluvka was also againsixths restriction ~f smoking in retail outlet!
The Aldermen felt that the government enforced too many things with the
businessman, and the enforcement of no-smoking regulations would be s furthai
imposition. Alderman Jaluvka did however feel that a no.smoking by-law woul~
go a great distance towards reducing the health hazards non-smokers are now
unable to avoid. . .
Aldermen Thomson felt that most people have the attitude that we are ova'
governed and another regularcry body at the lots I ~evel impos ing smoking rest'
would not have a great deal of effect. The Alderman suggested that designstee
smoking areas would be more effective since most individuals will co-operate:
given a choice, and a public campaign to that effect would be more successful.
Mr. Ted Rigby of the Chamber of Conunerce advised that the Chamberds main
concern was with enforcement being the responsibility of the retailer. For
that the purpose, the'Chamber felt a vigorous campaign rather than a by-law
impossible to enforce would be more sensible. Mr. Rigby suggested that it mi{
be wise to check with the business community and do a comprehens ire study of
their feelings on the matter. Also during that time, Council could review the
history of problems experienced by other municipalities with similar by-laws.
Mr. A. Kirkpatrick of the Niagara Region Lung Association stated that the
Association favoured the passin8 of'a by-law to prohibit smoking in certain
- 3 -
areas. The by-law would not forbid smoking anywhere in private, only indoor
areas where smoke remains an irritant or hazard to non-smokers. The Association
also agreed with the designation of smoking areas, which was felt to be a more
positive measure. ~ir. Kirkpatrick did not feel that the onus should be placed
on the proprietor to enforce the by-law. Mr. Kirkpatrick suggested that the
by-law would be for the general well being and health of the City's residents
and if the by-law was reasonable, the citizens would respond with reason to
the by-law.
In response to a number of comments made by various members of Council,
Alderman Cheesman stated that the by-law would be governing people who have to
stand in line, go to stores, buy food and attend to business, and they should
be able to do so in an enviroent conducive to good health. Historically
municipalities have been concerned with purity of waters adequacy of sewage
and the matter of air is part of the environment and should be considered also.
Because the clientele of a business is made up of smokers and non-smokers, the
concern of the proprietor should be to please the non-smokers as well as the
smokers. Many proprietors would likely welcome such legislation which would
protect their goods from the effects of smoke. With respect to a campaign,
.,Alderman Chessman referred to the fact that there has been education, campaigns
and statistics telling people for thirty years that smoking is harmful, and
yet it is. still here. Alderman ThOmson explained that the campaign referred
to would deal with notifying people that there are going to be non-smoking and
smoking areas designated throughout the community, and would ask for people's
co-operation.
Following further comment, it was moved by Alderman Cheesman, seconded by
Alderman Jaluvka, that the matter be referred back to the specta 1 committee for
further study of the comments and suggestions made, that interested individuals
be asked for their advice, and that the matter be reported back tO.Council.
Carried Unanimously.
SLUDGE POND SITE
Report No. 63 - City Solicitor - Re: Ontario Municipal Board Hearing re Amendment
to Official Plan and By-law 1538, Former Township of Crowland to Permit the
Construction of a Processed Organic Residue Recovery Station. The report
advises that the Ontario Municipal Board has dismissed the applications of
the Regional Municipality of Niagara for amendments to the Official Plan and
By-law No. 1538 for the subject purpose. It is also advised that Regional
Council has decided to petition the Cabinet t0 vary the decision of the Board
by approving the Region's applicatiorm or, alterrmtively, to order a new hearing.
The report requests authority to make a submission to the Cabinet requesting
the Cabinet to uphold the decision of the Board.
AND
Report No. 64 - His Worship, Mayor Bukator - Re: Sludge pond Site. The report
advises that Regional Council will appeal the decision of ~he Ontario Municipal
Board, such decision being passed by a margin of thirteen votes to eleven.
The report also advises that the City's Engineering Department will try to
locate possible sites in the City which may be further investigated by the
Regional Public Works Department as possible locations for the sludge disposal
s ire. -~
His Worship, Mayor Bukator advised that he was in Toronto in connection
with the Ontario Good Roads Association conference, and had spoken to various
Ontario Government officials. on the Kegion's decision to appeal the ruling of
the Ontario Munddipal Board. It was the Mayor's opinion that if the City is
patient, the matter will be resolved in the City's fayour. The Mayor also
advised that he would be going directly back to Toronto and hoped to speak at
queen's Park on the matter.
Aldermen Schisler pointdd out that Regional Council had decided to appeal
the decision of the O.M.B. against the advice of the Regional Solicitor, and
that one of the Niagara Falls representatives on Regional Council had voted in
fayour of the appeal. Alderman Schisler felt. that the Regional Councillor should
be obligated to support the citizens of the City who had supported him in the
past.
Regional Councillor Mitchelson commented briefly on the history of the
matter, and pointed out that future development in the City had been contingent
upon expansion of the Pollution Control Plant which necessitated the relocation
of the sludSe treatment lagoon dmomi.that,s{te. After studying the reports of
the Regional public Works Connittee, it was }dr. Mitchelson's decision to support
She recommendst~ons of the Conmittee that there be a central lagoon for the
storage of treated sewage. Mr. Mitchelson pointed out that the opportunity
to appeal. was always available and he supported such action as being perfect~!
legal and Just means. Mr. Hitchelson stated that he based his decis ion on
what would be best for the entire Regions and respected. the decisions made by
other members of Regional COunci!.
Regional Councillor Smeaton advised that he based his decision
not to
appeal the O.M.B. ruling ou the basic argument of the Board that the appli~i
would be contrary to the spirit and intent of the Official Plan, the land
by-law and the Regionss own Policy Plan. The Board also felt that the concert
by the ratepayers in the area with respect to possible pollution of their
supply should be the subject of much greater cons ideration. ands tudy. wattt
Following further comment, it was moved by Alderman Thomson, seconded by
Alderman Orr, that authorityLbe granted for a submission to the Cabinet asking
that the Cabinet uphold the decision of the Ontario Municipal Board, and that
the report of His Worship, Mayor Bukator, be received and filed. Carried
Unanimously.
COMMUNICATIONS
No. 23 - Niagara Falls Business & Industrial GroWth Agency Inc. - Re: Appoint
to Regional Business and Industrial Growth Advisory Body. The
Agency recommen
the appointment of Mr. G.C. Pare to the Regional Business and Industria i Advis'
Body.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that
the recommendation of the Agency be adopted. Carried Unanimously.
No. 24 -Roysl Cowmission of Inquiry into the Confidentialfry of Health Record.
any assistance, views or opinions relating to the acquisition and a
con
of health records in any form.
ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the
communication be received and filed. Carried Unanimously.
No. 25 - Niagara Peninsula Conservation Authority - Re: Maple Syrup Days. The
communicstipn extends an invitation to the members of Council to attend a.speci
Press and Council Day in conjunction with the annual Maple Syrup Days Program~
at Sugar Bush ohM arch 1, 1978.
ORDERED on the motion of Aldermen Thomson, seconded by Alderman Jaluvka, that
those members able to attend the'function advise the City Clerk so that the
necessary arrangements can be made. Carried Unanimously.
No. 26 - Ministry of Transportation & Communications - Re: Municipal Tendering]
Procedures. The communication provides information on a standard approach to
tender.lug throughout the Provincd.
ORDERED on the motion of Alderman Sobol, seconaed by Aldermen Thomson, that d
matter be referred to staff for examination with respect to the tityes tendert
procedures. Carried Unanimous ly. ·
.REPORTS
No. 65 - His Worship, Nayor Bukator - Re: Municipal Incentive Grant' Program.
The report advises of a further payment of $29,000 from the Federal Government
in order to develop more land for modest size housing units at medium density
and to encourage the economical use of land.
ORDERED on the motion of Alderman Thomson, s~conded by Alderman Ferh, that the
report ber~ece.ived and adopted. Carried Unanimously.
No. 66 - Planning & Development Committee - R~: A~-3/~S~ Spironello & Iseppon
Investments Ltd., South Side of Huron Street and North Side of Morrison Street
The report recoensnds approval of the applicetion subject to Development Cont~
and that Council certify by resolution that the application conforms to Offict
Plan Amendment No. 28 of the Niagara Falls Plannin8 Area as amended and approv
by the Nlnister of Housing.
Mr. N, Puttick ~as 8ranted permission to address Council on tke motion o~
Aldermen Mann~ seconded by Alderman Thomson. The motion Carried with Aldermat
Crone abstaining on e conflint of interest and all others voting in fayour.
Mr. Puttic~ advised that he was speaking on behalf of the area residents who
have expressed opposition to the proposed apartment building. Whe residents
esny of(~hom ~ara~raia~d,durinSrthe depression, were over-cautious of buying
nto =na~ subdlvialena.~eud 'taki,.~ mort~Has ~ and |u~d accordingly :p~rchased homl
-5 -
in the already established downtown area close to downtown shopping, schools
and bus service. The homes are now being renovated so as to be comfortable
for those in their senior years and the area is becoming a well-kept residential
neighbourhood. The proposal for an eight storey apartment building in the
middle of the block will block the sunshine for the homes and gardens. The
City has agreed to allow one parking ~pace per unit when the required standard
is 1.4. The residents felt that the type of clientele living in the building
could well afford to own two cars, and there would be no parking for visitors.
The park facilities in the area are inadequate now, where would additional
children play. Although the developer had stated the units would only
be rented to adults and couples with babies, the residents felt if too many
units were empty, they would be rented to anyone. Mr. Puttick offered his
own comments on the matter by stating that he had walked the area and could
assure Council that the residents have fulfilled a policy statement of the
Mayor% Committee on Housing to encourage young people to purchase older homes
downtown and assist wherever possible with government assistance. The basic
theory behind this statement is that o~:der homes would be purchased and
remodelled, and the residents would spend more freely in the downtown area.
The area has become clean and very affordable. Mr. Puttick asked if Council
was really sttuned to that policy of citizen involvement in the downtown area,
or if tax dollars were. the main criteria for the recommendation, which was how
it seemed since the City was lowering the standard of parking in the area and
overlooking the dollars spent to improve the area on the recommendation of the
Mayor~s Committee on Housing. Mac. Puttick felt that if approval were given,
it would be a precedent for other rezoning requests throughout the downtown area.
Since the residents understand that costs escalate and do not want to force , '
the developer into an O.M.B; hearing, Mr. Puttick requested that the matter
be tabled so that the residents and developer can meet and consider a design
Compatible to both s ides.
Alderman Thomson commented that this application was more than Just an
apartment complex, it was the type of development approved in the Official Plan
to build up the downtown area and make it a viable community. Reference was
made to the various projects undertaken to keep the downtown area a vital and
busy community, such as the new City Hall, the police building, Transit building,
new market, library building, and the senior citizen complexes on Huron Street
and Buckley Avenue. The Alderman also pointed out that the developers have
demonstrated what they can do with a building with the work carried out on the
former OddFellows ha 11, which now contains many offices and stores, employs
eighty people and brings people into the downtown area on a daily basis. With
respect to Mr. Puttickss comments on the downtown area, Alderman Thomson pointed
out that Mr. Puttick had on numerous :.occasions.= suggested that private developers
be asked to come into the downtown area and try to develop it further, especislly
with high rise apartments. Alderman Thomson stated that this proposal could
affect the entire development of the downtown area and would certainly affect
the business community adversely if Council turned down the project and
discouraged developers from coming into the down area to put up this kind of
development which is encouraged in the Official Plan.
Alderman Fera commented that the proposal in concept was good but not as
submitted. The Alderman felt the developers were trying to squeeze a huge
building on e small parcel of land with little greenery but a great deal of
..cement and asphalt, The Aldermen also felt the density of 66 units per acre
was not providing for the qualify of life which people deserves and the tenants
would be packed in like sardines. Alderman Mann expressed concern over the
reduction of parkin8 standards and felt it would be setting a precedent for
other developers in the area.
Alderman Cheesmen pointed out that the starting family today cannot afford
a single family home and must spend several years in some form of apartment
block, '. He suggested that these young-people were really much the same kind
of people as the residents were forty years ago, only living in a multi-dwelling
complex.
Mr. Iseppon advised-that. he recognized the concern. of the residents and
fel.t that in many cases, p~ople hadn't seen the site plan and what is intended.
He explained that he did call on a number of residents in the area but did not
have an opportenity to speak to all of the residents to show them what was
proposed for the site. Mr. Iseppon stated that some major changes had been
made' in the site plan, and that he would be very happy to meet with the
residents to settle any differences or misconceptions that may hsve'arisen.
His Worship, Nayor Bukstor offered his services and those of staff to
assist in the matter, and suggested that one of the City Hall conunittee rooms
- 6-
could be used for a meeting between the developer and residents.
Following further count, it was moved by Alderman Thomson, seconded b~
Aldermen Fare, that the matter be tabled to allow the res idents and develops'
an opportunity to meet and discuss the proposal more fully. Carried with
Alderman Crows abstaining on a cb~flict of interest, and all others in fevoml.
No. 67 - R~creation Commission - Re: Policy Change - Area Recreation B~s
Appointment Date. The report recommends that the appointment date of
Recreation Board membersbe set following the inauSural meeting of the Recre'
Commission members.
ORDERED on the motion of Aldermen Mann, seconded by Alderman Schisler, that
report be received and adopted. Carried Unanimously.
No. 68 - City Manager - Re: Application to Municipal Resesrch Support Progra£)
The report advises thst an application has been forwarded to the Federation
Canadian Municipalities to obtain funds for a research project.a, .
ORDERED on the motion of Alderman MacBsin, seconded by Aldermen Thomson, thai!
the report be received and filed. Carried Unanimously.
No. 69 - City Manager - Re: Proposed Plan of Subdivision, Cotvilla Industria2
Plan. The report recomnends prellminar~ approval of the proposed plan of
subdivision subject to six conditions, and further that Council certify by
resolution that the application conform to Official Plan Amendment No. 28
the Niagara Fails Planning Ares as amended and approved by the Minister of
Rousing.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobol, that the
report be received and adopted. Carried Unanimously.
See Resolution No
No. 70 - City Manager - Re: Replacement Dental Plan. The report recommends
that Council authorize the City Solicitor to give the necessary termination
notice to Delta Dental Plan of Ontario ho be effective April 30, 1978. It is~
also recommended that R.C. Young Insurance Agency Ltd. be requested to
investigate the market and present a proposal to Council for a replacement
plan based upon the requirements under the Collective Agreements and By-law
for other personnel not covered by the Collective Agreements.
Alderman Crows expressed concern over the termination of the agreement
in the eventnannacceptable a Itemstirs is not found. The City Manager advis~
the consultant has recommended this procedure be followed, and has assured
City there will be no lapse of coverage~ It was further advised that the
sixty days written notice of. termination was a condition of the agreement wi~
Delta Dental Plan signed three yea~s ago.
ORDERED on the motion of Aldermen Thomsons seconded by Alderman Orrs that the'
report be received and adopted. Carried Unanimously.
I
No. 71 - City Man~er - Re: Debenture Issue - C.M.H.C. The report
. recommends
that the City request the Regional Municipality of Niagara to issue a debent
with Central Mortgage and Housing Corporation in accordance with the terms ar
amounts set out in the attached schedule.
ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that t.he
report be received and adopted. Carried Unanimous1],
See Resolution N0
No. 72 - City Manager - Re: City Spbns0red Luncheons and Dinners. The report
provides information on the monies spent in City sponsored lunch&ons or dinne
Alderman Sobol advised that her foremost reason for requesting the mutts
be brought before Council was to show that Council could take some initiativ~
and'~hoW=restratnt!in spending. The Alderman felt that if Council could not
trim unneeded costs, there would be problems cutting out larger items.
Alderman Sobol further stated that all members of Council and,'sta ff should
pay their own way at luncheon meetings, annual dinners and the inaugural whet
all those Participatir~ shQuld pay their share.
During the discussion that followed, several members of Council expresse
their views on the policy proposed by Alderman Sobol, both in fayour and agai
Followin~ further comment, it was moved by Alderman Sobol, seconded by Alderm
MacBsin, thatnil1 members of Council and staff pay their own way at luncheon
meetin8s~ annual dinners and the inaugural, with the exception of those volun
members of the Recrestion Commission. The motion was Defeated with the follo
vote:
AYE~ Alderman Jsluvks, MacBsin sad Sobol.
,NaY~I Aldermen Chessmen, Crows, Silts, Fats, Mann,' Orr, Schisler sad Thomson
- 7 -
It was then moved by Alderman Chessman, seconded by Alderman Crows,
that the report be received and filed. The motion Carried with the following
vote:
AYE: Aldermen Cheesman, Crows, Dilts, Fera, Mann, Orr, Schisler and Thomson.
NAYE: Aldermen Jaluvka, MacBain and Sobol.
No. 73 - City Manager - Re: By-law Enforcement Contract. The report recommends
passage of a by-law authorizing a new agreement with the Canadian Corps of
Commissionaires for by-law enforcement.
ORDERED on the motion of Aldermen Thomson, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See By-law No. 78-35
No. 74 - City Manager - Re: Parking On Lundy's lane. The report recommends that
the Region be requested to consider a recommendation of the Parking Committee to
allow parking during the winter months on both sides of Lundy% lane.
ORDERED on the motion of Aldermen Thomson, seconded by Alderman Fera,. that the
report be received and adopted. Carried Unanimously.
No. 75 - City Manager - Re: Market Value Assessment. The report recommends that
the City support the immediate introduction of market value assessment under the
"alternative system" proposed by the Treasurer of Ontario on January 4, 1978.
Aldermen Crowe stated that the Provincial Government will impose market value
assessment whe~ no definition exists of what constitutes fair'market value. The
Alderman pointed out that the Province promotes small bus tness and then imposes ,
an additional $914,000 in taxes. He felt thst taxation had come to the point
where people are leaving to avoid it, and pointed out that people are now' looking
for several million square feet of commercial and industrial space in Niagara
Falls, New York. Property taxes are income tax deductible in the United States
whereas in Ontario~there is a system of property tax credits. While the system
proposed by the. Provincial Treasurer is most likely the most acceptable of the
choices ave ilable, Alderman Crows felt that Council should not support the system
in concept.
Alderman MacBain commented that in the report of the Provincial Treasurer,
it should be noted that the tax contributions and the grants give you the same
dollar value. While tax contributions go up, the grants go down exactly the
same amount. The City will not get more grants but will gain by having market
value assessment because Ontario Hydro will Pay on market value. The assessment
has been re-arranged so that tax dollars will come from residential, commercial,
industry, farms, vacant lands, F~deral ~overnment and Ontario'Hydro, which will
result in a reduction in residential taxes. Alderman Crows reiterated thst
while Ontario Hydro will pay p~operty tax now, this will result in an increase
in hydro rates. The Alderman also questioned how the Provincial Government will
force the Federal Gdvernment to pay tax.
Aldermen Schisler pointed out that the present system is extremely outdated,
and the market value assessment will mean that property owners will now be taxed
on a more equit~ble basis. The City will stand to pick up many dollars of
assessment on property improperly as_~sessed under the existing system.
Following further comment, it was moved by Aldermen Schisler, seconded by
Aldermen Sgbol,. that the report be received and adopted. Carried Urmnimously.
No. 76 - City Manager - Re: Ministry of Housing Loan for Services in the Northwest
Community. The report recommends passage of a by-law authorizing the construction
of certain works and to authorize the execution of an agreement between the
Minister of Housing, the Region and City for services in the northwest community.
In response to a question raised by Alderman Sobol, the Planning Director
advised that the density in the ~rea would be nine units to the acre in accordance
with the northwest secondary plan.
ORDERED on the motion of Alderman Fete, seconded by Aldermen Dilts, that the
report be received and adopted. ~he motionDOarriedwith the following vote:
AYE: .Aldermen Cheesmen, Dilts, Fete, Jaluvka, MacBain, Mann, and Thomson.
NA~E: Aldermen Orr, 8chisler and Sobol.
See By-law No. 78-36
NOTE: Alderman Crows was absent when the vote was taken on this matter.
No. 77 - City Manager - ~e: ~sl~rgS on ~neTTy .St~e~{. ~he ~eport recommends that
the Region be requested to ~onsider the removal of the islands on Ferry Street
at the~intersection of Buchanan Avenue and Stanley Avenue.
ORbERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
No. 78h.- City Manager - Re: Enclosure for Switchboard Receptionist. The
report recommends that the City Manager be authorized to have the area arou~
the switchboard/receptiopistlarea enclosed.
The Projects & Services Engineer provided additional information in
response to a question raised by Alderman Schisler.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Thomson,
the report be received and adopted. Carried Unanimously.
No. 79 - City Manager - Re: Ontario Home Renewal Program. The report recol
passage of a resolution to direct staff to make application to the Province
1978 O.E.R.P. funds and to accept applications for O.H.R.P. loans.
ORDERED on the motion of Alderman Thomsnn, seconded by Alderman Fera, that
report be received and adopted. Carried Unanimously .....
See Resolution
No. 80 - City Manager - Re: Building Inspectors Training Courses - 1978. Th
report recommends the attendance of one member of the Building & Development
Department at nach~ofc'three courses to b~ held by. the Ontario.Building.elfin
Association in Kingston at Queen's University. .
The City Manager provided additional information with respect to one of
the courses in response to a question raised by Alderman Sobol.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson,
the report be received and adopted. Carried Unanimously.
No. 81 - His Worship, Mayor Bukator - Re: Canada Week and City's 75th Annive
The report recommends that a special committee composed of Aldermen Cheesmsn
Jaluvka and Schialer, be appointed to bring in specific recommendations
the observance of Canada Weeksand the Cit~'s 75th Anniversary.
ORDERED on ~he motion of Alderman Thomson, seconded by Alderman MacBain, tha
the report be received and adopted. Carried Unaniraouslyl.
No. 82 - City Manager - Re: Stalls Paxis Investments Limited - Severance
Application No. B-17/78, Chhrch of the Redeemer, Kalar Road. The report pro
information on the subject Land Division Committee application.
' Alderman Thomson advised that he was in'~avour of the statement in the
that Council would be advised of any major proposals the Municipality is ask,
to comment on by the Regional Land Division Committee prior to comment bein
made. TheAlderman stated that the report did not deal specifically with t
application for the Church of the Redeemmr, and the matter of interpretation
of the rural classification on the land. Alden. man!Thomson pointed out that
was financially impossible for anybody to lbcate a church with the amount of
parking necessary, within the urban areas. Reference was. also made to the t'
of proposal involved, and the fact that the Church would be providing recrea]
fscilitie% would take the pressure off the ~unicipality to provide such
facilities for the residents. Alderman felt the City should review the matt,
and determine if there is any way the Chu~dh, can beds§slate&with the develc
meat. The City Manager advised that the application sent to the City by the
Land Division Committee stated, '~Pplication is made for sonsent go a
conveyance, pittie1 discharge of mortgage and agreement of sale and purchase
for 20 acres of land with two existing dwellings and accessory buildings
intended for the. construction of a religious instita~ion. 70.7 acres ± of
land is to be retained for continued use as pasture land and cornfield.,, No
reference was made in the application to the fact that recreatio.nal facilitie
were planned in conjunction with the church building, The Plannin8 Director
further advised that the intent of the report was to explain the difficulty
in the system due to the short period of time allowed for co~ient by the Cit~
If the application had been for a development proposal, all of the details
could have been obtained before it was considered by'the Planning & Developme
Committee.
Alderman Thomson also commented on the large development proposed
north of the Church of the Redeemar propea, l, and s,ggeated that staff
contact the developers. to obtain moreinformation on the proposal.
Mr. D. MarineIll, solicitorsfor th~s development, was Sranted permission
to address Council on the motion of Alderman Thomson, seconded by Alderman Or
Mr. MarineIll advised that his clients have contacted the Building & Developm
Department on the zoning, andindicated that they intend tomeet with. the
Planning Department to discUsS. the proposal.
- 9-
Following further d iscussion, it was moved by Alderman Thomson, seconded
by Alderman Orr, that Planning Department staff meet with the developers of
both projects, and offer any ass istance possible to facilitate development.
The motion Carried with Alderman Crowe abets ining on a conflict of interest,
and all others voting in favour.
No. 83 - City Mansger- Re: Resolutions from Other Municipalities.
1) City of Waterloo - Petitioning the Federal Government to give immediate
consideration to the placing of the postal service out to public tender.
AND
City of Windsor - ReqUesting, the Federal Government to create a Crown
Corporation to assume the responsibility for the operation of the Canadian
Postal Service.
Recommendation - That both resolutions be received and filed.
2) City of Stratford - Petitioning the Ministry of Transportation and Communica-
tions to require all municipally and provincially owned vehicles to have
their headlights illuminated while in motion during the period of November
1st to March 31st.
Recommendation - That the resolution be received and filed.
3) City of Windsor - Requesting the Province to increase the municipal share of
the marriage licence fee to $8.00 for residents and $20.00 for non-residents
and to increase the fee for the issuance of a marriage licence for non-
residents to $30.00.
Recommendation -Thst the City of Wlndsor be notified of the City's concern
in reaching a premature dedision prior to passage of the Marriage Act
supporting regulations, and~be asked to re=c~rculate the request when the
regulations are known.
4) County of ~rey - Requesting the Minister of Education to consider the
restructuring of the present system of local Boards of Education.
Recommendation - That the resolution be received and filed..
5) City of London - Requesting legislation to provide increased regulation of
materbikes and siiilar vehicles.
Recommendation - That the resolution be endorsed and the appropriate parties
notified.
ORDERED on the motion of Alderman Fore, seconded by Alderman Thomson, that the
resolutions of the Cit_{es of Waterloo and Windsor respecting the postal service,
be received and filed. The motion Carried with the following vote:
AYE: Aldermen Crows, Dilts, Fore, MacBain, Mann, err, Schisler, Sobel and Thomson.
NAYE: Aldermen Chessman and Ja lurks.
ORDERED on the motion of Alderman Thomson, seconded by Alderman F~ra, that the
resolution of the City of 'Stratford be: r~ceived and filed. Carried Unanimously.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fore, that the
City of Windsor be notified of the City's concern in reaching a premature
decision prior to passage of the Marriage Act supporting regulations and be
asked to re-circulate the request when the regulations are[~known. C~rried
Una n imous ly.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Jaluvka, that
the resolution of the County of Grey be received and filed. The motion Carried
· with the following vote:
.AYE: Aldermen Cheesman, Dilts, Fera, Jaluvka, MacBain, Mann, err, Schisler and
Thomson.
NAYE: Aldermen Crowe and Sobof.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the
~'resolution of the City of London be endorsed and the appropriate par~ies notified.
Carried Unanimous ly.
No. 84 - Cit$ Manager - Re: Municipal Accounts, The report recommends payment
of the municipal accounts.
The City Manager provided information with respect to Cheques ~5371, ~5380
and ~5465 in response to questions raised by Aldermen Schisler and Sobel.
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously,
RESOLUTIONS
No: 90- MANN - SOBeL - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that the development of eighty-two acres
of land located on the south side of Oldfield Road and the west 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 Housing; AND the Seal of the
Corporation be hereto affixed,
Carried Unanimously
No. 10 - THOFaON - MANN - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby authorizes the City Clerk to apply to the Ministry
of Housing for a provincial grant in the amount of $231,343.19 for the fisc
year of 1978 to 1979 for the purpose of making loans to owners of real prop
used for residential purposes to assist in the repairs rehabilitation and
improvement of dwelling units pursuant to The Housing DeVelopment Act and t
regulations and subject to the limitation thereof;
AND FURTHER that the City Clerk is hereby authorized to apply for an
advance of $115,671.60 and the Corporation agrees to account fo£ this amoun
and apply for further payments through the submission of quarter yearly act
reports;
AND BE IT FURTHER RESOLVED thst the Corporation of theCCity of Niagara Fall
hereby agrees to comply with the Housing Development Act and the reg
thereunder in the administration of the Ontario Home Renewal Program; AND
Seal of the Corporation be hereto affixed.
Carried
No. 11 - THOMSON - FERA - RESOLVED that the Corporation of the City of Nia
Falls hereby petitions for subsidy under the provisions of the Public
tation and Highway Improvement Act on expenditures made during the yearl~9~
in the amount of $3,076s902.89; AND the Seal of the Corporation be hereto
affixed.
Carried
No. 12 - MANN- FERA - RESOLVED that the Corporation of the City of Niagara
Falls hereby requests the Regional Municipality of Niagsra,-to}issue
with Central Mortgage sod Housing Corporation in accordance with the terms
and amounts set out in the schedule attached; AND the Seal of the Corporati,
be hereto ~ffixed.
Carried
BY-lAWS
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that
following by-law be now read a ~hird and final time:
No. 77-248 - A By-law to authorize the reconstruction of Woodbine Street fx
Mootrose Road to Kalar Road.
~- Carried Unanimo,
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, th;~ ~1
be granted to introduce the following by-laws and the by-laws be read a r
time:
No. 78-34 - TABLED
No. 78-35 - A By-law to authorize an agreement with Canadian Corps of Commi~
aires (~amilton). ~, . ..
. ~. 78-36 - A By-law to authorize the construction of improvements and extez
to the sewage system in the Urban Service Areas of the City.
,No. 78-37 - A By-law to amend By-law No. 77-21 providing. for appointments to
certain Beards, Commissions-and Committees. ' .. ~'
..,No, ~8-38 - A By-law to authorize the execution of all documents required f0
the registration of the proposed Falls In~duStrinl.Park Extension
Plan of Subdivision,
No, 78-39 - A By-law to amend By-law No. 75-119 respecting retirement allows
for municipal employees.
·/No. 78-~0 - A By-law to amend By-law No. 3790, being a by-law far the reguls
of traffic. (ao~al MAnor Drive)
,.No,. 78-41 - A By-law to amend By-law No. 3791, 1946 of the City of Niaaara
being s by-law designating. through highways in the City of Niaga
Falls. (Ontario Avenue)
No, 78-42 - A By-law to amend By-law No. 7531 being a by-law to provide for
erection of stop si~ea at intersections. (Skinner Street & Hext~
- 11 -
ORDEKED on the motion of Alderman Fera, seconded by Alderman Thomson, that the
following by-laws be now read a second and third time:
No. 78-34 - TABLED
No. 78-35 - A By-law to authorize an agreement with Canadian Corps of Commission-
aires (Hamilton).
No. 78-36 - A By-law to authorize the construction of improvements and extens ions
to the sewage system in the Urban Service Areas of the City.
No. 78-37 - A By-law to amend By-law No. 77-21 providing for appointments to
certain Boards, Commissions and Committees.
No. 78-38
No. 78-39
No. 78-40
No. 78-41
No. 78-42
No. 78-43
A By-law to authorize the execution of all documents required for
the registration of the proposed Falls Industrial Park Extension
Plan of Subdivision.
- A By=law to amendIBy-law No.
for municipal employees.
75-119 respecting retirement allowances
- A By-law to amend By-law No. 3790 being a by-law for the regulation
of traffic. (Rpyal Manor Drive)
- A By-law to amend By-law No. 3791, 1946 of the City of Niagara Falls
being a by-law designating through highways in the City of Niagara ~-
Falls. (Ontario Avenue)
- A By-law to amend By-law No. 7531 being a by-law to provide for the
erection of stop signs at intersections. (Skinner'St. & Heximer Ave.)
- A By-law to provide monies for general purposes.
Carried with Aldermen
Chessman, Orr, Schisler
and Sobol voting contrary . !'
on 78-36, Alderman
Schisler voting contrary
on 78-39, and all others
voting in fayour.
I~W BUSINESS
NIAGARA FALI~ ARENA
Alderman Fera advised that people are still parking in front of the Niagara -
Falls Arena even though this practice has been discontinued, Pylons had been
placed in front of the Arena tOupreV~nt cars from parking there, but these had
apparently been removed, The Projects & Services Engineer advised that the
by-law enforsement officers normally would enforce the parking prohibition,
however in the evening during hockey~ames it is the responsibility of the
Regions1 Police. It was further advised that the staff at the Arena will be
:'ihstructed to request the Regional Police to take appropriate action when
necessary.
:; "No. 78-/,3 -fA *By-law~~toI Pr.~voide-'monies for ~generslpU~p~ses-. adjourn. Carried Unsntmous1'
~ ~rried with Aid ~ A~ ADOP~D,
~ETINGWITH NIAGARA ESCARPMENT COMMISSION
Alderman Fern advised that he had obtained a copy of the preliminary proposals
of the Niagara Escarpment Commission, and ~ad found that the material was quite
~engthy[andl,diff~aultbto!mnderstand.':~[n,*v~ew~of~the fact that Council was
scheduled to meet with the Canmission on February 23rd, the Alderman questioned
whether it was wise to hold the meeting when not ell members of Council had
nna~pportunity to review the contents of the report. His Worship, Mayor Buk~tor
advised that the purpose of the meeting was to allow the Commission to present
the proposals, and that Council would not be required to make any decision on
the matter at that time.
It was moved by Alden~an ~ Alderman Mann, that the meeting
~chieler, Sobol,
'Chessman vatinS
on 78-36, AId. S
voting contrary
~nd nll others
i
SIXTH ~ETING
Con~nittee Rooms ~[2 & 3
February 27, 1978
SPECIAL ~ETING
Council met on Monday, February 27, 1978 at 7:30 p.m. for the purpose of
reviewing the parking fund budget and preliminary operating budget. All members
of Council were present with the exception of Alderman Crows. His Worship,
Mayor Bukator presided as Chairman.
AM-3/78, SPIRONELLO & ISEPPON INVESTMENTS LTD., SOUTH SIDE OF HURON STREET AND
NORTH SIDE OF MORRISON STREET
Report No. 66 - Planning & Development Committee - The report recommends approval
of the application to construct an apartment building, 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.
His Worship, Mayor Bukator advised that this report had been tabled at the
previous Council meeting to allow the residents an opportunity to meet with the
developer in an attempt to satisfy the concerns raised by the residents regarding
the proposed apartment building. Mr. R. Iseppon advised that the meeting had
been held and as a result of the discussions, the differences were resolved an~
there will be no objections expressed to the Ontario Municipal Board. '
Alderman Mann indicated that he would not support the proposal because of
the reduction in the number of parking spaces normally required under the zoning
by-law. The Alderman felt this would be setting a precedent for other developers
in the downtown area and that off-street parking should be encouraged for such
developments.
In response to a question raised by Alderman Chessman, Mrl Iseppon indicated
that the number of units proposed remains the same and the actual height of the
building will be one storey below the senior citizen building on Huron Street.
A head wall has been deleted which will bring the building one foot further down
into the ground. Because of the elevation, the apartment building will not be
as promiment on the horizon as the Huron Street building. A through laneway
from Huron Street to Morrison Street has also been eliminated to discourage
through traffic in that direction. Mr. Iseppon advised that if the proposed
one-to-one parking ratio were increased, it would be necessary to construct.
three bedroom units which would change the totally adult building presently
proposed to a building allowing children and the residents in the area requested
that every effort be made to the building rented on an adult-only basis. The
location of the building will remain unchanged because it is the only position
that allows the maximum amount of space and least affects the neighbouts assfar
as blocking of sunshine is concerned.
Alderman Fera asked why the ~ensity was so heavy in the downtown area. The
.Senio~ Planner indicated thaC the area was throught to be ableto support this
kind of density. Presently the population in the downtown area is declining,
and this proposal is an attempt to keep the population close to the downtown
area using the amenities available.and-would stimulate. business in the conm~ercial
district. Alderman Fera that while the general concept of the proposal was
good, the size of the building was too large for a lot one hundred and 4ifty
feet by one hundred feet. His Worship, Mayor Bukstor explained that the lot
was over three hundred feet in depth and that the measurements referred to by
'the Alderman were the front and rear lot measaremsnts.
Following further discussion, it was moved by Alderman MacRain, seconded
by Alderman Dilts, that the report be received and adopted, The motion Carried
with the following vote:
AYE: Aldermen Chessman, Dilts, Jaluvka, Macgain, Orr, Schisler, Sobo~, Stewart
and Thomson.
NAYE: Aldermen Fera and Mann.
RESOLUTION
No. 12A - FACBAIN. ~ DILTS - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that ~-law No~ 78-34 to fezone property
located on the south side of Huron Street and north side of Morrison Street~
conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Ar
as amended and approved by the Minister of Mousing; AND the Seal of the
Corporation be hereto affixed.
Carried with A]
Fera and Mann
.... contrary, and
voting in favo
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that 1~
be granted to introduce the following by-law, and the byelaw be read a firs
No. 78-34 - A By-law to amend By-law No. 5335, 1955 as amended. (AM-3/78, S;
& Iseppon Investments Ltd. )
· - Carried with A1
Fera and Mann v
contrary, and a}
voting in favou~,
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilte, that'
· following by-law be now read a second and third time:
No. 78-34 - A By-law to ameed By-law No. 5335, 1955,as amended. (AM-3/78,
& Iseppon Investments Ltd. )'
Carried with A
Fera and Mann
contrary, and
voting in favou
POLICY - MILEAGE ALLOWANCE FOR PRIVATE CAI~
{
Report No. 85 - City Manager - The report recommends 1) that mileage
rates
section (a) of the policy respecting use of private cars, be increased from
per mile to 22¢ per mile and that in section (b) from 17¢ to 20¢ per mile a
presently p~id to union personnel under th~_collective agreement; 2) that th
allowance for attending conventions and seminars be increased from 15¢ per
to 18¢ per mile for destiustious outside the Regional Municipality of Niaga
3) that all allowances paid for employees using their personal vehicles for
businessbe increased by $20.00 per month for all individuals involved; 4~ot
the mileage paid to C. Dabmar, the Arena Manager, be increased to $98.00
more adequately reflect travelling costs; 5).!that a mileage allowance of $1Z
per month be paid,-to Mr. C. Willjams, Equipment Superintendent; and',6) that
mileage allowance of $98.00 per month be paid to Mr. C. Anderson.
Alderman Chessman suggested that the'policy be changed to reflect kil~
rather than miles in the calculations. The City Manager indicated that the
collective agreement shows both kilometres and miles, and the policy respeci
mileage allowances for use of private cars would be revised to reflect the
metric measurement as well.
Alde~msn Mann pointed out that the costs involved in reimbursing City
employees for use of their personal vehicles on City business would increase~
by over $6 000 in 1978 due to the increases bein~ reco~ended The Alderman:
left at the City Mall and be available for use as required. The Director
Municipal ~orks pointed out that those staff members receiving the monthly
alliance do not receive any addition1 mileage alliance unless they are
~travellin8 outside the Region1 Nunicipality of Niagara on City b~iness,
which case the mileage alliance is based on 12C per mile. The 22C per mile
referred to in the report was strictly for cas~l~e of person1 vehicles b~
e~loyees not receivi~ the fixed monthly alliance. -
Also rec~nded in the report was an increase of $20.00 per month in
mtl~Se alliance received by the ~yor, h~ever His' Worship ~yor Bu~or
indicated t~t he would prefer not to take the increase. '
Foll~inS ~urther discussion, tt was moved by Aldermn Cheesmn, second~
by Alde~n Dllts, t~t the report as amev~ed to delete the reckended incr~
in mileaSs alliance ~or the ~yor, be received.and.adopted, The m~ion Car~
with the ~oll~i~ vote:
~ Aldemen Cheesmn, Dilts, Fern, Jal~, ~c~in, Stewart and Th~on,
:' Alde~n ~nn, ~r, Schisler a~ Sobol.
-3-
pARKING FUND DRAFT 1978 OPERATING BUDGET
Report No. 86 - City Ma·nager - The report recommends approval of the proposed
1978 operating budget for the parking fund as submitt~d.
His Worship, Mayor B~kator asked if the City was getting into the position
where parking lots would pay their way. The Projects & Services Engineer
indicated that at existing rates, the City was headed away from this situation.
There is not sufficient revenue from the parking operation to acquire parking
lots, and the Municipal Parking Connnittee is aware of the problem and is
attempting to devise a scheme to reverse that situation. Alderman Thomson
indicated that the only other way t~ iraprove the s ituation would be an increase
in meter rates and parking fines, and the business representatives of the
Committee are reluctant to take such measures.
Alderman Sob~l asked if the need for additional parking in the downtown
area had been reviewed recently when Considering the decrease in bus iness in
the area. The Projects & Services Engineer indicated that a survey was
conducted in the summer of 1976 by the Planning Department which did indicate
there was a deficit in parking spaces in the easterly section of the downtown
area particularly around City Hall. On-street revenues were not noticeably
down from the previous year, and the drop could be attributed to either fewer
shopera or the free parking instituted in the downtown area during the latter
part of December, 1977.
Following further discussion, it was moved by Alderman Thomson, seconded
by Alderman Jaluvka, that the 1978 Operating Budget for the Parking Fund, be '-
adopted as submitted. Carried Uusnimously.
1978 pRELIMINARY OPERATING BUDGET
Report No. 87 - City Manager - The report provides a preliminary overview version
of the 1978 operating budget in order to give members of Council a general idea
of the direction the City may be taking in 1978 with respect to the general tax
levy.
The City Manager advised that the preliminary overview of the budget was
submitted in order to obtain Council's input and guidance in preparing the final
budget which will be considered towards the end of April. The last paragraph
of the report requests that C~unctl consider allowing staff to commence the
preparation of contracts and purchase instructions for items that are carried
out on an annually recurring has is such as asphalt overlay programs, sidewalk
repairs and the purchase of new equipment for various City departments. The
City Manager explained that prior to 1978, these contracts were not called
until after the budget had been completed, and in the case of purchasing new
equipment, orders placed after budget discussions in May sometimes were not
received until ~he winter months when the equipment could not be used. It was
indicated that the total tender call for equi~ment would not be made st this
time and the balance would be called after fiuslization of the operating
budget. In response to a ques tion raised by Alderman Mann, the City Manager
advised that the equipment to be purchased included two automobiles, two packer
,units,' four trucks, a road graderr% roller for asphalt, a compressor and a
chipper. Those pieces of equipment that can be obtained in time for dee during
the summer would be tendered out as soon as possible, and equipment taking
longer to obtain would be called after finalization of the budget. The value
of the equipment to be tendered would be considerably less than what was spent
in the 1977 budget and in any event, all tenders would be submitted to Council
for approval prior to award.
Aldermen Stewart suggested that the City purchase a gradeall rather than
another grader. The Equipment Superintendent acknowledged that a gradeall had
a definite use and would be used by the City, however the four graders are
working continuously, If a gradeall were purchased, the City would still
require four graders.
It was moved by Alderman Orr, seconded by Alderman Thomson, that staff
be authorized to conunence the preparation of contracts and purchase instructions
for Council approval of items ~hat are carried out Qn an annually recurring
basis. .Carried Unanimously.
In reviewing the contents of the covering report~ the City Manager indicated
that in 1977, the resource equalization grant increased by $180,000, resulting in
.a decrease in the tax rate by one mill. Since 1974 t~e assessment standard has
kept on an upward trend, however in 1978 the province decided to leave: the
standard the same as in 1977 at $10,650. This factor combined with a fairh
good increase in assessment for 1978 has made the municipality less deficie
than last year causing a reduction of $165,000 in the grant. The Deputy
Treasurer explained that the Cityfs Water Department received $75,000 under
this type of grant this year, so part of the loss has been made up in the
utility.
The City Manager advised that the surplus carried forward from 1977 was
less than the 1976 surplus, with the main contributing items being the purch~
· of the Tele-Squrt ($85,000 from 1977 budget and $85,000 in 1978 budget), the~
sewer charge from the Region caused by greater sdwage flows than had been ·
anticipated by the Region, taxes written off (mainly assessment court change.~
and snowfalls went through e u o nt 1
This resulted in an increase of $229,000 over 1977 estimates and it will mea
Workmenms Compensation Board payments. Alderman Mann referred to the
employee involved in an accident during snow removal operations and asked if ~ READ AND ADOPTED,
the CIty could recover its costs if the driver of the vehicle which struck t~
employee is found negligent. The Personnel Officer advised that the Legal
Department is working on the matter and hoped to recover the City~s expenses~~
In response to s question raised by His Worship, Mayor Bukator, the
Personnel Officer explained that the City changed from Schedule I to ScheduL
under the Workmen~s Compensation Act four years agol The City is now self-
insured because it was 'felt from experience the City was paying more to the
Board than was paid to employees and the decision was made to change to Sche~
II. The City pays the employee his wages and the Board continues to pay med
expenses for which the City is billed plus an administration charge. It is
less expensive for the City to operate under Schedule II, however the risk
exist that a serious accident could occur. Both Aldermen MacBain and Mann
expressed concern in the event of s multiple injury or fatal accident and
suggested that the matter be reviewed.
- 5 -
worth of projects normally financed through the capltal budget could be financed
through the operating budget. Alderman Cheesman conmented that while the
additional cost in the operating budget would be felt by taxpayers immediately,
by 1981 the City could be recovering a mill in interest charges saved. The
City could possibly add another mill in successive years until a balanced budget
could be reached.
The City Manager asked if the addition to the mill rate to reduce capital
expenditures, the financing costs for the Chippawa Library and Niagara South
Recreation Complex pool should be included in the final budget. Alderman
Thomson suggested that the items be included in the final budget at which
time further discuss ion could take place.
It was moved by Alderman Thomson, seconded by Alderman Stewart, that the
meeting adjourn. Carried Unanimously.
MAYOR
The City Manager provided additional Information on a number of new pro
and purchases suggested during the course o~977. Among those suggested are
renovations to the Chippaws branch of the Library, the Niagara South Recreatt
Cantre swimming pool, the Community Resources Centre and Niagara College site~
With respect to the Chippaws Library, the City Manager suggested that $50,00(
be included in the 1978 budget so that the architect could start plans for
the expansion. Additional funds would be included in subsequent budgets-and
the work could be done during the spring and sumer of 1979 involving only or
shutdown of the library. The same general principle would apply to the Niag~
South Recreation Complex pool in that the ~ost would be spread over several
years with the construction taking place in 1979 or 1980. The expenditure fl
the C~unity Resources Centre involves the replacement of s boiler and reti~
existing debt of the building. The building would then he a Clty owne~ buil~
free of deht and operated through the Recreation C~iss ion. The expenditur~
forthe Niagara College site ia for the second half of the expenditure invol~I
in acquiring lands along the Oakwoo~ Drive extension for the 17 acre. Site fo~]
Niagara College to locate a local campus in Niagara Falls.
The City Manager also made reference to certain regular expenditures sh
s signific. nt incrnase over 1977 esti, t.s inclnding; :e;
operating costs and increased payroll fringe costs. o e
Engineer advised that the City has saved approximately $50 000 per year since
taking the street lighting system over from Niagara Falls ~dro. With respec~
be the Library operating costs, His Worship, Mayor Bukator indicated that the
costs of books has increased substantially ~n addition to increased me intenan
costs. The City Manager explained that the increased payroll fringe costs
represented item over which the City !lad no Control such as O,M.E.R.S.,
Canada Pension and Wnrkmen's Compensation.
With respect to the City~8 taxable assessment, the City Manager advised
that the eounercial and tndeatriel assessment had been on · continnal decline
until 1978. This year the commercial/industrial assessment has increased fro~
45.5Z to 46%which is e most beneficial 8rowth pattern for the City. With th~
possibility of property tsx reform, the City will be lookingat a more fsvour~
reaJdential tsx rate.
The City ~keager advised that if one and a half mills could be added to '
urban serviceares rate and one mill to the general rate, approximately $~30,(
SEVKNEH ~n~ETING
Committee Room ~1
March 6, 1978
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole on Monday, March 6, 1978 at 7:00
p.m. All members of Council were present with the exception of Aldermen Crowe
and Orr. Alderman Mann presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting. b k~aAaa,
READ AND ADOPTED,
MAYOR
Council Chambers
March 6, 1978
Council met on Monday, March 6, 1978 at 7:50 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman Crowe. His Worship, Mayor Bukator presided as Chairman.
Alderman Cheesman 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 February 20, 1978, be adopted as
printed. Carried Unanimously.
UNFINISHED BUSINESS
SFECIAL CO~4ITTEE - TOURIST AREAS
Report No. 88 - Alderman Thomson - The report provides information on the
activities of the special Committee and advises that a further report will be
submitted when a draft by-law to prohibit the erection of tents and other
similar structures in a defined area, has been considered by the N.R.T.A.
In response to a question raised by Alderman Mann, Alderman Thomson advised
that the by-law would not deal only with the Centre 8treat/Clifton Hill area, but
all tourist areas according to the Cityis Official Plan. The Alderman further
advised that if a problem were to dev~elop on the periphery of ohe of the tourist
areas, the by-law could be extended.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the
report be received and filed. Carried Unanimously.
RURAL AREA APPLICATION8 - STELLA ~AXIS SEVEFANCE AND CUPULO/LALICICH NIAGARA
ESCARPMENT COMMISSION DEVELOPMNT PERMIT
Report No. 89 - City Manager - The report reco~nends that the previous staff
comment to the Land Division Committee respecting the 8tella Paxis severance
be withdrawn and replaced with comments to the Land Division Committee further
explaining rural uses, that the Niagara Escarpment Commission be advised that
low coverage recreational uses on large acreages could be seen as acceptable
in rural areas with respect to the Cupulo/Lalicich proposal, and further that
the Land Division Co~ittee and Niagara Escarpment Commission be advised of
City Counell's support of the two proposals.
The Planning Director provided additional information on the report in
response to a question raised by Alderman Thomson.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the
report be ,received and adopted. Carried Unanimously.
. ~. . ..... ~
C01~UNICATIONS
No. 27 - Niagara Region Debating Union - Re: Request for Financial Assistance
The communication requests a donation from the City to assist in sending a
regional debating team to the .provincial finals being held in Kingston durint
March 10 - 12, 1978.
ORDERED on the motion of Alderman Jaluvka, seconded by Alderman Thomson, tha~
a grant of $150.00 be provided to the Niagara Region Debating Union to assis;
in travelling expenses for a provincial competition. Carried Unanimously.
No. 28 - Mr. P. Paaquet, Chairrose, Committee of Adjustment - Re:AAnnual Repor
of the Committee of Adjustment. The communication provides information on tb
activities of the Com~ittee of Adjustment for the year 1977. The Committee
recommends that the $25.00 application fee be increased to $50.00, that Commi~
members be paid a mileage allowance for on-site inspections of properties
are the subject of hearings, that the members of the Consulttee, excluding the
Chairman, be authorized to subscribe to membership in the Provincial Associat~
of Committees of Adjustment and Land Division Committees, and further that t~1
members of the Committee be permitted to,attend the 1978 confererie of the
Provi.cial Association in Toronto from June 11-14,11978 and be relmhursed fori~
out-of-pocket expenses.
Alderman Thomson commented that the report was the first annual report
Council had received from the Committee, and thanked Mr. Pasquet for present~
the information. The Alderman suggested that the although he was in agreemen'·
with the increase in the application fee, the increase should become effectiv1
for applications to be heard-after the March 28th meeting of the Committee.
Alderman Fern felt that a 100% increase in the application fee was not
warranted, and ateted that members of the Planning & Development Committee ah~
carry out on~aite inspection8 and donor receive a mileage allowance. The
Alderman felt that if a mileage allowance ia given to members of the Committe~
of Adjustment, members of the Planning & Development Cowmittee should also be~
given this allowance,
Mr. Pasquet provided additional information in response to a question
raised by Alderman Schisler. Following further comment, it was moved by
Alderman Th~on, seconded by Alderman theeamen, that the recommendations of
the Committee of Adjustment be adopted, subject to the application fee increa!~
to $50.00 becoming effective for applications to be heard after the March
1978 meeting of the. Committee of Adjustment. The motion .C~,.rried with Aldermal
Fern votin~ contrary, and all others in fayour. - ........
No. 29 - Mr. P. Pasquet = Re: Land Division .Committee t977 Year-End Report.
The co~nunication provides information on the activities of the Regional Land
Division Con~ittee for the year 1977.
ORDERED on the motion of Alderman Jaluvka, seconded by Alderman ThomsOn, that
the report be received and filed, and that Mr. Pasquet be thanked for providi
the information to City Council. Carried Unanimously.
No. 30 - Canadian Transport Com~ission - Re: Train Service between Toronto an
Niagara Falls, The connunication advises that the rail service between~ron
and Niagara Falls will be reviewed by the Commission before the end of 1978,
suggests that the City may file a submission with respect to ~his service.
Alderman Chessman felt that more than ~nat a letter should be sent to
the Commission on the matter, and su6~ested that a strong resolution of a
community nature should be forwarded. The Alderman .pointed out-that many
citizens still use this service which was a good reason for maintaining the
link between the City and Toronto. Alderman Jaluvka did not feel the rail
link was a necessity since other means of transportation to TorOnto are
available to the public. The Alderman also pointed o~t the economics of rail
transportation, and felt that people are not riding trains as much anymore
as a result, C.N.R. and C.P.R. mustrnOw rationalize thetrLtrain service
· ~lde~man Jaluvka did however agree that comments from interested parties shoaZ
be obtained.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dills, that
c~munication be received and filed, and that a submission be made s~ating
the City is in favour of continuation of the s~rvice, Carried Uuanimo_usly.
-3 -
REPORTS
No. 90 - Planning & Development Committee - Re: AM-l/78, G. DeGiorgio, North
Side of McLeod Road. The report recommends approval of the application subject
to Development Control and that Council certify by resolution that the proposal
conforms to Official plan Amendment No. 28 of the Niagara Falls Planning Area
as amended and approved by the Minister of Housing.
Alderman Thomson asked if the condition imposed on a previous application
relating to availability of storm sewers, would apply to the:subject application.
The Director of Municipal Works confirmed that the previous condition would
apply and advised that monies have been approved for the sewer construction.
Certain land acquisition is necessary ~o,'provide an outlet for the storm sewer
prior to construction.
ORDERED on the motion of Alderumn Thomson, seconded by Alderman Mann, that the
report be received and adopted. Carried Unanimous ly.
See Resolution No. 13
:No. 91 - City ,MaTmger - Re: Summer Hockey School. The report advises that the
Niagara Falls Minor Hockey Association will not operate a summer hockey school
this year, and recommends that staff announce the availability of the Niagara
Falls Memorial Arena for rental proposals this year.
The City Manager provided additional information in response to questions
raised by membersof Council.
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
No. 92 - City Manager - Re: Group Co-operative Fine Paper Tender. The rep6rt
recommend8 the acceptance of the firm alternate bid submitted by A.B. Dick
delivered to City Hall as required for the supply of bond paper.
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 14
No. 93 - City Manager - Re: Snow Chute at the End of Queen Street. The report
recommends that the City accept certain conditions requested by Ontario Nydro
for the use of ~dro lands for disposal of snow.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the
report be received and adopted. Carried Unanimously.
No. 94 - City Manager - Re: Q.E.W. Signing. The report recommends that the
Ministry of Transportation & Communications be advised that City Council is in
fayour of the signing layout for the Q.E.W. within the City limits as submitt~d
to the City on February 13, 1978.
Alderman Thomson asked if the N.R.T.A. and Downtown Board Of Management
had seen the layout submitted by the M.T.C. lh addleion, Alderman.'Ja~uvka asked
~f the Main & Ferry business people had been consulted. The Projects & Services
Engineer indicated that the N.R.T.A. ~as forwarded a copy of the plan but he
was not certain whetheb, the,~Downtown~Board of Management,had seen the layout.
The matter was originally considered/when the M.T.C. sponsored a meeting and
..invited officials of the Region, City, Marineland, Niagara Square, Downtown and
'the N.R.T.A. No other individuals or groups were in attendance at the meeting.
The Main & Ferry Board of Management had submitted requests for signing on
Highway ~420 at Stanley Avenue and on various City and Regional roads, however
signing had not been requested by th~s group for the Q.E.W.? ~n official layout
for Highway #4~0 will be forwarded by the M.T.C. in the future. Alderman
Thomson suggested that the matter could be deferred until comments had been
received from the various groups involved. The City Manager advised that
these~o~erhead signs must be designed, built and erected prior to the summer
months and[bhatccornment ~hoaldbbe forwarged to the M.T.C. so that the
production can commence on the signs.
Alderman Jaluvka advised that a graatt:deal.of~cooaernhas,beenuaxpres~ed
on the part of, the, Main & Ferry business people about the fact that they feel
their interests have not received the degree of attention other areas in the
City have received in the past from various government bodies. Both Aldermen
Jaluvka and Orr felt the matter should be deferred until both the Main and
Perry and Downtown groups had received an opportunity to provide some input
into the guide signing in the City. The Director of Municipal Works advised
that structural improvements had been requested in the area of the Sand Plant
Hill on the Q.E.W., and that the City did not want approval of those Improvements
to be held up due_to the signing. It was also advised by. the Projects and
Services Engineer that e delay of two weeks would result in the signs being
erected two weeks later and this could be critical with respect to the 24th ,.
of May weekend. It was further pointed out that any of the outstanding
signing requests from the business groups do no~ involve signing on the Q.E.W,
and that approval of the recommendation in the report would not affect signiI-
requests for other areas in the City.
Regional Councillor Smeston advised that he would be pleased to contact: ~
both the Main and Perry and Downtown business groups with respect to signingl,
and them check with the Regional engineers to determine the status of the
requests from the groups involving Regional roads.
.
; i. Following further comment, it was moved by Alderman Mann, seconded by '!
~'.hi' ~ ' and Thomson.
: f 95 king on Greenwood Street. The report reeo e
~.:.,
that parking be prohibited at all times from the northeast side o£ Greenwood~
from Main Street tO Welland Avenue and from the southwest side from Welland
200* northwesterly.
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
No. 96 - City Manager - Re: Adjustment of Per DiemAllowance. The report
recommends that Council approve the request of the Chlppawa Public Utilities
Connni~sion to increase the per diem allowance in lieu of wages for Commission~!~
while on Commission business, from $25.00 to $40.00.
ORDERED on the motion of Alderman Chessman, seconded by Alderman MacBain, thel
the report ber~eceived and adopted. Carried Unanimously.
· - - : c , .
advises that a new provision has been added to the legislation-allowing Councl.i
to set a limitation on election expenditures by oe~idates and requiring
disclosure of election. contributions over $100.00.
Alderman Mann indiea~ed. hisc~supportLoflsuch~a.prov~sionl~equ~ring disel~!
of election contributions and setting a limitation on election expenditures
candidates, Alderman MaeBain suggested that a epe~e~al ~omm~ttee he. eetabltsh~
to consider a limit on election expenditures. Alderman Thomson agreed with t~
suggestion, and pointed out. that it would not he fair for the smaller wards tc
have the same restrictions as Ward One. Nis Worship, Mayor Bukator appointed
Aldermen MaeBain, Mann and Thomson to serve on the special committee.
ORDERED on the motion of Alderman. Mann. seconded by Alderman MacBain, 'Chat
a speciel committee composed of. Aldermen MacBale, Mann and Thomson, be
estab1'
to cosalder the setting of e limitation on election expenditures by candidate
and requiring, ldisclosure of electipn.cOn~ributions over$100.00. Carried
Unsnimously. '
No. 98 - City Manager - Re: Municipal Incentive Grant Program. The report
recommends the following breakdown for the allocation of $~91.000'received us~
the Municipal Incentive Grant Program: 1) Possible Future Housing Development~
Stendards $10,000.00; 2) Fireman's Park (Mountain Road) Development $50,000.0{
3) Stamford Park (Mostrose &McLeod) Development $50.000.00; and 4) Southwest
Storm System $81,000,00..
Alderman Sobol asked' why the second and third items ~ere being, suggested
since the grant is provided to encourage medium density housing. The City
advised that the funds were not used to provide housing but services for
development. It was the opinion of staff that the grant be used to improve
the smenities in the City since sewer and water facilities are provided throu
subdivision agreements.
During the discussion on this report, Aldermen Fern and Orr expressed
concern ~hat the projects suggested by staff were not as high in priority as
other projects such es the replacement of leskin~ watermains. The City
advised that while the term~ of reference ~or;the grant were not definite, it
was felt that replacement of hsking watermains would not be approved hy C.M.[
Alderm. n Mann cuSSested that the fume he used for the improvements necessary
for the Ch{pp~wa~,Publie Library.
Following further discussion, it'was moved by Alderman Fers, seconded by
Alderman Fore, thet the report be tabled for further information on prxo~
in determining the b~eakdowa of the grant allocation. C~rried Unsnimously.
...;.5
No. 99 - City Mantiger - Re: Site Plan Approval, Proposed 24 Unit Apartment
Building, 6950 Kalar Road. The report recommends approval of the subject site
plan as submitted.
ORDERED on the motion of Alderman Mann, seconded by Alderman err, that the
report be received and adopted. Carried Unanimously.
No. 100 - City Manager - Re: R.R.A.P. Agency Agreement. The report recommends
passage of a by-law to authorize amendments to the agreement between the City
and C.M.H.C. respecting the processing of R.R.A.P. loans,
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See By-law No. 78-45
No. 101 - City Manager - Re: Thorold Stone Road Mall. The report provides
information on road widening being undertaken along the north side of Thorold
Stone Road inmediately east of Portage Road.
ORDERED on the motion off\Alderman Mann, seconded by Alderman Jaluvka, that the
report be received and filed. Carried Unanimously.
No. 102 - City Manager - Re: Sidewalk on McMicking Street. The report suggests
that monies be set aside in a future operating ~udget for the construction of the
sidewalk along the north side of McMicking Street using the third of three
proposals presented,
Alderman Mann stated that the sidewalks were petitioned under the Local
Improvement program and were towned by residents. The Aldernmn felt that if the
sidewalk is to be constructed, it should be done under the Local Improvement
Program where the residents will pay a share rather than through the current
budget. Alderman Thomson pointed out that the sidewalk is for a small section
of McMicking Street and the residents ou~either side of this section would
never agree to payin~ a share of the construction costs under th~ Local
Improvement program. Alderman Schisler felt that the expenditure should be
referred to the budget discussions.
Following further comment, it was moved by Alderman Thomson, seconded by
Alderman Chessman, that the suggestion of staff be received and adopted. The
motion Carried with the following vote:
AYE: Aldermen Cheesman, Dilts, Fore, Jaluvka, MacBale, Orr, Sobel, Stewart
and Thomson.
NAYE: Aldermen Mann and Schisler.
No. 103 ~ City Manager - Re: Use of Luster B. Pearson Park. The report
recommends approval of a request from'the Welland County Roman Catholic Separate
· School Board for permiss ion to locate two temporary portable classrooms on land
owned by the City subject to confirmation that the School Board will indemnify
and save harmless the City of Niagara Falls from and against all actions, suits,
proceedings, claims, demands, costs, charges and expenses arising from the use
of the City's land, and that the property be restored to its original condition
following removal of the portable classrooms.
ORDERED on the motion of Alderman MacBale, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
-No. 104 - City Manager - Re: Building. Permits. .The. repo~trprovtdes, a breakdown
of the parmiteaissued. by"the Building & Development Department for the month of
'1978 as compared to 1977.
ORDERED on the motion of Alderman Mann, seconded by Alderman 'Dilts., that the
raperr he received and filed. Carried Unanimously.
No. 105 - 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 Unanimonaly.
RESOLUTIONS
No. 13 - THOMSON - MANN - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 78~44 for the rezoning
of part of Township Lot 173, Lot 14, Registered Plan 67 situst~d on the north
side of HcLeod Road, conforms to Official Plan Amendment No. 28 of the Niagara
Fells PlanninB Area as amended and approved by the Minister of Housing; AND the
'Seal.of the Corporation be hereto affixed.
Carried Unsnimousl~
No.,14 * MANN ~ SCHIS/4ER ' RESOLVED that the firm alternate bid. submitted by
A.B. Dick Co. Canada Ltd. in the amount of $3.42 per thousand for 8%.x 11
Blue Label Bond and $4.36 per thousand for 8% x 14 Blue Label Bond, be
accepted; AND the Seal of the Corporation be hereto affixed.
Carried Unanimom
Fo - 7 -
· 78-46 - A By-law to provide monies for general purposes.
Carried with Alderman
Schisler voting contrary
on By-law 78-45 and all
others voting in favour.
No. 15 - MANN - THOMSON - RESOLVED that By-law No. 77-263 being a by-law to
authorize the construction of certain works as local improvements under Sect,
12 of The Local Improvement Act, which was read a first and second time at t~
meeting of Council held on December 12th, 1977, be amended as follows:
1} by striking out the fourth recital and inserting in lieu thereof, the follt
"AND W~EREAS the total estiumted cost of the said works is $383,500, of wk
the sum of $331.284 is the estimated share of such cost to be borne by the
Urban Service Areas of the City a~d the sum of $52,216 is the estinmted
share of such cost,
2) by striking out "3 to 12 inclusive" in the second line of the seventh reef.
and inserting in lieu thereof "3, 4, and 6 to 11 inclusive",
3) by striking out, in its entirety, the first recital on page 2,
4) by striking out "3 to 12 inclusive" in the third line of section 4 and
inserting in lieu thereof "3, 4, and 6 to 11 inclusive", !"
5) by striking out, ,in its entirety, all of section 5,
6) by re-numbering sections "6", "7", "8", "9", and ,"10" as sections "5", "6
"7", "8" and "9" respectively,
,
7) by striking out all of Items Nos. 5, 12 and 13 of Schedule "A" and the
heading "Curbs and Gutters, Asphalt Pavement and Storm Sewer" preceding its
12, and the heading "Curbs and Gutters and Asphalt Pavement" preceding
S) by striking out the totals "$670,500, $68,372, $481,576, $120,552" at the
bottom of the first, second, third and fourth columns respectively of
Schedule ~A and inserting in lieu thereof $383 500 0 $331 284 and
9) by striking out "3 to 12 inclusive" in the first line of Item B of Schedule
"A", and inserting in lieu thereof "3, 4, and 6 to 11 inclusive"; '
AND that the said by-law, as amended, be now read antbird time and passed; A~
the Seal of the Corporation be heretea,fixed. ~
~ Carried Unsnimousi.~t
BY- lAWS '
ORDERED on the motion of Alderman Nann, seconded by Alderman Chessman, that
follo~ing by-law be now read a third and final 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 Unanimousl
ORDERED on the motion of Alderman Thomson, seconded by Aldet~nan Dilts, that
be granted to introduce th~ following by-laws, and the by-laws be read a firs
time:
-A By-law to amend By-law No. 2530, 1960 of the former TownshT~-ot"
Stamford, now in the City of Niagara Falls, as-amended. (AM-I/78,
G. ~eGtorgio)
No. 78-44
No. 78445
- A By-law to authorize an amendment to an agreement with Central
Mortgage.and Housing Corporatio. n respecting the Residential
Reha~tlitation Assistance Program.
- A By-law to provide monies for general purposes.
NP.. 78-46
No. 78-44
Carried with
Schisler voting
on By-law 78-45
others voting i~
ORDERED on the motion of Aldermen Thomson, seconded by Alderman Stewart, that
following by-laws be now rea~ ~a.~aeoond and third time:
- A By-law to amend Byelaw No, 2530, 1960 of the former Township of
8tamford, now in the City of NiaSera Falls, asia.mended. (AM-I/78,
G. DeCiorgio) ~ '
- A By-law to authorize an amendment to an eSteemant with Central
Mortgage and Hensin8 Corporation respectins the Residential
Rehabilitation Assistsnee Program.
No. ,78..45
NEW BUSINESS
NIAGARA ESCARPMENT COMMISSION AND pURCHASE OF ONTARIO HYDRO lANDS
Alderman Thomson referred to the recent meeting held with officials of the
Niagara Escarpment Commissions at which time it was advised by the Chairman that
although the Comission did not have funds to purchase property, it would
reconmaend purchase of lands in the escarpment area to the Province. The
Alderman pointed out that the City was planning to purchase ~ands from Ontario
Hydro in connection with the Northwest Recreation project, and since these lands
fall within the escarpment area, the Chairman had been asked if the Commission
would consider making a recon~nendation to the Province to assist the City in
purchasing the lands. It had been indicated by the Chairnmn that such a matter
would be considered by the Con~nission, however it would be necessary for the
City to submit a letter asking for assistance in the purchase of the property.
The Planning Director advised that in the past, the Conservation Authority had
advised on properties for the purchase of lands by the Province in such
circumstances, and suggested that a report on the matter could be presented to
Council. It was moved by Alderman Thomson, seconded by Alderman err, that a
report be p~epared on the possibility of the Niagara Escarpment tommiss ion,
through the Province, assisting the Municipality in purehas ing of Ontario Hyd~.o
lands for the Northwest Recreation project. Carried Unanimously.
NIAGARA FALLS FLYERS HOCKEY TRAM
Alderman Thomson advised that he had heard recently that the present owner
of the Niagara Falls Flyers is considering selling the team, and that another
municipality in Ontario was interest~d~in trying to promote a Junior '~" team.
The Alderman referred to the fact that the City had gone to considerable expense
to upgrade facilities at the Niagara Falls Memorial Arena to promote the team
and attendance at games, and felt that the City should ta~e steps to keep the
Flyers in the City. Alderman err also expressed concern over the possible loss
of the team, and pointed out that ~ranchises for Junior '~" teams are not
readily available anymore, and that this could be the City~s last chance to keep
a Junior '~" team in Niagara Falls. His Worship, Mayor Bukator indicated that
the City had first right of refusal if the team is to be sold, and that to his
knowledge, no contact had been made with the City in this regard. Alderman
MacBain suggested that the matter should be discussed in Committee of the Whole
when further details are known, and r~quested the Mayor to keep Council informed.
SPEED OFTRAINS
Alderman Chessman pointed,out the number of recent accidents that have
occurred at railway crossin~s in the City, and referred to discussions that
took place at Council meetings in the '~st regarding the speed of trains within
City limits. The Alderman felt this matter should be pursued, and that requests
should be made for a reduction of the speed limits, particularly in built-up
areas, or alternatively crossing gates should be erected at such crossings·
It was moved by Alderman Chessman, seconded by Alderman Fern, that the matter
be referred to staff or a committee of Council for further study. Carried
Unanimously.
BUS SHELTERS
Alderman err advised that the vandalism that is takiug place with respect
to the City~s bus shelters, had recently been brought to his attention by a
number of senior citizens. The Alderman requested that information be obtained
respecting the cost of damages sustained over the last two years, and the
possibili~y of uSing more sturdy materials in the construction of the shelters,
It was moved by Alde ms -"'a~g~'
r n -Bded by Alderman MacBain, that the
meetins adjourn. Carried
READ AND ADOPTED,
EIGHTH MEETING
Council Chambers
March 20, 1978
REGULAR MEETING
Council met on Monday, March 20, 1978 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman Cheesman. MiS Worship, Mayor Bukator presided as
Chairman. Alderman Jaluvka offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that
the minutes of the meetings held on February 27th and March 6th, 1978, be
adopted as printed. Carried Unanimously.
DEPUTATIONS
MR. D. D'ADDIO RE: MAPLE LEAF BODY EXPANSION
Mr. D. D'Addio was granted permission to address Council on the motion
of Alderman Thomson, seconded by Alderman Orr. Mr. D'Addio advised that he
has owned and operated Maple Leaf Auto Body since 1960. He had purchased two
older homes giving him the balance of land between the shop and the Hydro
Right-of-way, with the intention of extending and modernizing his shop. In
1975, Mr. D'Addio advised that he met with City staff and discussed the
extension of his Dr,m,nond Road shop. In February of 1976 the matter was
considered and approved by both the Planning & Development Committee and City
Council. In order to obtain a building permit, Mr. D'Addio was required to
sign an agreement with the City and at that time, it was advised that a 10'
widening strip would be required along the frontage of his property by the
Region. Mr. D'Addto stated that he had purchased this land and he would not
give it up for one dollar. He felt the Region should either pay him the value
of the land or buy it when it was decided in ten or fifteen years to widen
'the road. On March 9, 1978, Mr. D'Addio appeared before the Regional Public
Works &Utilities Committee at which time the Committee requested a report
for their March 2~rd meeting. Mr. D'Addio requested Council's support in
the matter and pointed out that at no time prior to reviewing the agreement,
had he been advised that road widening would be a requirement of approval.
Elderman Thomson advised that a policy was passed by Council in'August
of 1976 which gave the Municipality an opportunity to take road widening
with a rezoning application. Five years earlier it was not legal for a
municipality to insist on road widening because there was a rezoning application.
The Planning Act was changed and provided municipalities with such authority.
The Alderlean felt it was unfair for the Region to insist'on road widening when
an individual is trying to upgrade their property. Mr. D'Addio had purchased
that land and paid taxes on it as well, and it was particularly unfair since
the adjacent land owners would be paid appraised value when the road widening
takes place. It was explained that the policy was passed by Council after
Mr.~D'Addio's application had been approved by Council,_and Mr. D'Addto had
been caught in the middle.
Alderman Fera stated that it was his understanding the Region had
discovered Me. D'Addio was adding to a legal nonconforming use and ~h~refore
the 10' land dedication for road widening would not apply. The Alderman
suggested that it might be advisable to obtain more information on the matter.
Alderman Mann agreed that the entire matter should be reviewed prior to any
decision being made by Council, and pointed out that road widenings had been
taken in other areas of the City. A change from the policy could result in
many other Individuals demanding reimbursement for property conveyed to the
City in similar situations.
Alde~nan Crows advised that while he sympathized with ~he applicant's
situation, he felt it would be inadvisable to make any decision on the matter
until reports had been received from the Planning Department, Engineering
Department and the Region. ReSional Councillor Smeston confimed that it
was the policy of the Region to request road widening to ensure that land
is available When and if road widening is required in the future, particularly
in the case o£maJor thoroughfares such as Drummond Road. The matter was
considered by the Regional Public Works & Utilities Committee at which time
ReSiona! Councillor Smeaton requested that the matter be reviewed.
-2-
Following further comment, it was moved by Alderman Crowe, seconded by
Alderman Jaluvka, that the matter be tabled two weeks for a report providing
additional information. Tarried Unanimously.
PRESERVATION OF AGRICULTURAL LANDS SOCIETY
Mr. John Dawson of the'Preservation of Agricultural lands Society, was
granted permission to address Council on the motion of Alderman Mann, secondef
by Alderman Schisler. Mr. Dawson advised that the Society was not fundamental
opposed to the new Regional Headquarters site, a church or a sports complex i:.
the future, but does take strong issue with the location of such proposals in
prime farmland outside the urban boundaries. In spite of past promised sout~
development, City Council contrary to their own planners, the Escarpment
Commission, the Province's Green ·Paper on Agriculture, the Institute of
Agrologists and the Agricultural Federations, c~ntinues to bring forth schemei
of unplanned rural sprawl beyond the urban boundaries into potential prime
farming areas. The Society feels that urban industries dependent on a viable
agricultural industry will not survive nor will the processing industry.
Exis ring or potential fanland must be saved for now and future generations.
FAr. Dawson pointed out that 70% of the proposed Regional headquarters site is
on Class I land w~th the remaining area ~n Class II, and maintained that the
Regional headquarters, sports complexes or subdivisions will do nothing to
promote the natural enviror~ent of the escarpment. It was felt such developme
would destroy the aesthetic amenities of the escarpment, ice. the wooded creek
ravines, woodlots, and prime tenderslands. The escarpment is also a regional
recharge area for groundwater that supplies streams and wells. If the Region
were to allow the development proposals in these potentially good farm areas,
the onus would be on the City of Niagara Falls to have a valid and unbiased
environmental impact study in the extended boundary area before the Escarpmem
Commiss ion or O.M.B. approve such aft undertaking. While City officials claim
that services for the area are adequate and nearby, Mr. Dawson asked if these
are the same service~ that have already proven inadequate for existing
subdivisions such as Rolling Acres. With respect new subdivision development
in the area, Mr. Dawson commented that there has been a noticeable lack of
consultation with the public on the ramifications now and in the'future on the
food and agricultural industry. The cost of imported food increases as
evidenced by an approximate 14% increase in food costs in the last year, with
most of the food items which have jumped in price beingpotted. Mr. Dawson
felt this was a case in point where land speculators and developers may be
pushing elected officials to an economically inefficient course of action,
and pointed out that with the Province reducing municipal funding, it would
mean an even greater debt position on the part of the Municipality and Region.
Mr. Dawson felt that Niagara Falls should set an example in wise development
by promoting expansion within the urban area on less fertile soils while
preserving prime farm areas for the agricultural industry.
It was moved by Alderman Mann, seconded by Alderimn Dilts, that.the
comments of Mr. Dawson be received and filed. Carried Unanimously.
UNFINISHED BUSII~SS
PROPCgED SITE FOR REGIONAL HEADQUARTERS
Report NO. 106 - His Worship, Mayor Bukator - The report provides information
on the proposal to locate the Regional Headquarters building in the City, and
recommends that Council give its unanimous approval to the agreement with
T.G. Bright & Co. Limited for the fully serviced 2F-acre Regional Headquarters
Site a~ the northeast corner of the Q.E.W. and MountainlRoad.
AND
Report No. 107 - City Solicitor - The report provides information on a by-
is in favour of the proposal, the by-law may be passed. The.agreement when
settled will be authorized by a future'by-law to be submitted-to a subsequent
' meeting of Council. A resolution as to Couacil's support of the proposed
~. development of Part 3 would be passed at that time.
" AldarmanManncommended the Mayor and staff for the excellent ob in
Y cessible from all points in the Region,
and would prove to be a real asset to the City. Alderman Thomson felt the
· City s proposal Was the frontrunner of all other proposals for the Re ional
-3-
Alderman Sobol stated that her past position on the proposal had been
that the urban area boundaries should be extended only to accommodate the
Regional Headquarters site. The Alderman felt it was essehtial that the
citizens of Niagara Falls know the price to be paid for the site. The
initial cost of $172,854 will be borne by the taxpayers through the budget,
however that figure does not include oversizing of watermains, sanitary sewers,
foreemaius and pumping station modifications to accommodate the subdivision
on Site ~3. The figure also does not include provision for the unallocated
costs of approximately $265,000 and no decision has been made as yet on who
will bear those costs. The Alderman felt the cost should be borne across the
entire Region and not Just Niagara Falls. With respect to the use of farm
lands for the proposal, Alderman Sobol stated that it is this process of
development for development sake that has destroyed all tender fruit lands
east of the Q.E.W. The site is 70% Class I land according to the Welland
soils map and is located on the brim of the escarpment not above as stated
in the report. The Alderman felt the onus was on the municipality to preserve
the fruit land from development. It was also the Alderman's opinion that
Bright's were not good corporate citizens interested in the betterment of the
City by donating the lan4 for the Regional s ire, but were only hoping to make
a profit on lands outside the urban boundaries. At the present time there is
an over-abundance of homes for sale on the real estate market, and the City's
housing needs are comfortably taken care of for thirty years. Alderman Sobol
felt the City should either buy the site and include it in the urban boundaries
or have the Region buy it, service it and have the costs assessed throughout
the entire Region.
Alderman Orr advised that he had examined the proposal and felt it was
the best location for the Regional Headquarters and that the concessions being
made were fair. The Alderman also pointed out that the location of the
Regional Headquarters in the City would provide jobs and would ass ist local
industry as well. With respect to the proposed subdivision, Aldernmn Orr
felt the area would not be developed unless there was an established need
for housing.
Alderman Fera commented that he was in fayour of certain aspects of the
proposal, however he feltjhe could not recommend to a future council that they
support the application of Bright's to include additional landsfin the urban
boundaries. The Alderman felt that if Bright's were sincere in their gift of
land, it would have been turned over to the City with no strings attached.
Alderman Dilts stated that not only would the City benefit from the
proposal, but the Region as a whole would benefit by this location. The
Alderman did not agree that the lands in question were Class I agricultural
land, and pointed out that if the subdivision was not needed in the future,
it would not be built. Alderman Dilts further stated that if having the
Regional Headquarters were not important to the'City, there would not be other
municipalities ~ighting for it as well.
In response to a question raised by Alderman Crows, the City solicitor
indicated that he was recommending that Council see the agreement with Bright's
before passage of a by-law or resolution in support of Bright's application
to have their lands included in the urban ~oundaries. Also in response to a
question raised by Alderman Crowe, the Director of Municipal Works advised
that the cost of oversizing was not included in the initial expenditure of
$172,854 and would be paid for using monies from the Expansion & Renewal Fund.
The intent of the by-law is that the subdivider would pay for services
required for his subdivision in the future and any oversizing through the
subdivision to accommodate sewage from the Regional Headquarters site would
come from imposts on the future subdivision.
Alderman Crows sympathized with the fact the lands are outs ida the urban
boundaries and are designated farmland. In considering both the agricultural
aspects of the lend and the fact the City could obtain the Regional Headquarters,
the advantages to be gained' weigh in fayour of the proposal which should be
approved by Council. It was the Alderman's opinion that with the apparent
movement of authority from one level of government to another, regional govern-
ments would become the governing bodies of the future. The site in Niagara
Falls would mean the seat of government for the area would be located in the
City. With respect to the recommendation to a future Council, the Alderman
pointed out that this was not a commitment, and whether or not a future council
considers the recommendation is totally up to them. The City is passing a
recommendation and the price of ~taining the land from the present owner is
support of an application to include additional lands in the urban boundaries.
If the land were purchased outright without the requirements of Site ~3, the
City would still have the-servicing costs, so in effect, the City is getting
something for nothing.
- 4 -
Alderman MacBain indicated his support of the proposal for the basic
reason that on balance, it is almost essential at this time that the City
obtain such an institution as the Regional Headquarters. The site has a
real chance of success because it is properly located. The Alderman felt
ttmt Council should support the Mayor and the project, and move on to the next
step of trying to get a majority of the Regional Council behind the proposal.
Alderman Stewart made reference to the time when the City was attempting
to have a major shopping plaza located in the City and pointed out that if it
were not for the efforts of the Mayor, the City would not have Niagara Square.
The Alderman felt the Mayor would be equally as successful in his efforts to
have the Regional Headquarters locate in Niagara Falls. Alderman Jaluvka
indicated that the Council has an opportunity to bring something to the City
that will make an impact, something positive that has a good ahance of
being approved. The Alderman also voiced his complete support of the proposal
Alderman Schisler felt that Council'must be realistic as faras the land
is concerned. It has not been used for any good bearing crop for years and
has not been very profitable. The Alderman did not like to see farmlands tak
for development, but suggested that there could be other lands in the City
that could take the place of the lands in question. Alderman Schisler did
indicate his support of tha proposal for that reason.
Following further discussion, it was moved by Alderman Mann, seconded
by Alderman Thomson, that the reports of His Worship, Mayor Bukator and the
City Solicitor, be received and adopted. The motion Carried with the
following vote:
AYE: Aldermen Crowe, Dilts, Jaluvka, MacBatn, Mann, Orr, Schisler, Stewart
and Thomson.
NAYE: Aldermen Fern and Sobol.
See By-law No. 78-!
RAILWAY RELOCATION STUDY
107 - City Manager - The report recommends that the City Manager (in conjuncti~'
with the appropriate Regional officials) be authorized to conduct a public mee~
to allow input from concerned citizens concerning thei~-ideas on the major sch
to improve our Cityss rail problems and that the cost be spli~ equally with
· Region at a maximum City cost of $1,000.
In response to a question raised by Alderman Thomson, the Director of
Municipal Works advised that the cost would involve preparation of drawings
and vsrious details iovolved in the public presentation. It wi!l also be
necessary for the consultant to attend the public meeting.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Jaluvka, that
the report be received and adopted. Carried Unanlmoualy.
NOTE: Alderman Orr was absent when the vote was taken on this matter.
COMMUNICATIONS
No. 30 - Consumerss'Association of Candda - Re: Bell Canada Rate Increase
Application. The Associstion welcomes the City~s support !D its intervention
a~ainst the Bell Canada rate increase application.
AND
No, 31 - AIIr Security Syst~n~ - Re: Bell Canada Rate Increase Application.
co,-.;unination requests the ~unicipality to voice concerns over the Bell Cards
rate increase application to the Canadian Ratio-Television and Teleconnnunicati~
Cornmiss ion. '
AND
No. 32 - _Hr. M. Swart, M.P,P. for Welland/Thorold - Re: Bell Canada Rate
Increase Application. The co=munication advises of Nr. Swart's opposition
to the Bell Canada rate increase applicationi'
Alderman Thomson indicated that since the Consinners s Association was not
requesting anytfinsnalel, assistenca, no contribution should be made, however
the City should indicate its support of the Associationss intervention against
the Bell Canada rate increase application.
,'ORDERED on the motion of Aldermn Thomson, seconded by Alderman Dilts, that
City Council support the intervention o~ the Conaomers~ Association of Canada
against the Bell Canada rate increase application, that the C.R,T.C. be advised!'
of the Clty's opposition to the rate increase, particularly with respect to
slam circuit rates. and that Nro Roger Young, N.P. be asked to voice the [
objections of the Nunicipality aaainat t~e ,rate increase application. carriel
ynanimonaly.
- 5 -
No. 33 - Ministry of Natural Resources - Re: planning for Flood Emergencies.
The communication urges the Municipality to ensure that flood contingency plans
developed by the Municipality include provisions for receiving and relaying
flood warnings to ve~nerable residents and also that they contain provisions
for requesting a provincial response when a flood emergency is beyond the
capacility of the Municipality.
In response to a question raised by Alderman Thomson, the Director of
Municipal Works indicated that the City uses the pl~n which is co-ordinated
by the Region. In the event of an emergency, the Region axr' the City would
call upon each other for assistance. Alderman Thomson felt the City should
have its own plan which dould possibly be co-ordinated through the Region.
The Director of Municipal Works advised that the City does have a plan but
it has not been formally adopted by Council. The matter could be brought
before Council so that the plan is made official.
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
communication be received and filed. Carried Unanimously.
No. 34 - Niagara Falls Hydro - Re: Restrunturing ef Hydro in the Niagara
Region. The communication requests a further confirmation of the City~s
endorsement of a lower tier Hydro Commission for the City of Niagara Falls.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson
that Council indicate its support of the lower tier Hydro Commission concept
for the City of Niagara Fails. Carried Unanimously.
No. 35 - Mrs. F. Brideau - Re: Flooding Problem at 4343 Third Avenue. The
communication requests assistance of Council in expediting a claim for flood
damages that occurred in December of 1977.
Alderman Thomson advised that Mrs. Brideau has not had an adjustor for
the City*s insurance agent view the damages sustained earlier. A spokesman
~tr the City's Municipal Service Centre had indicated that the blockage was
in the lateral and was the resident's responsibility. Aiderman Thomson
stated that the Brideauss would have had to have their water running constantly
to result in a back-up of the nature that had-occurred. In addition,' the
Alderman made reference to a watermain break that occurred in front of a
restaurant on Ferry Street and caused basement flooding to the restaurant.
Alderman Thomson requested that a report on both incidents be prepared by
staff. Alderman MacBain agreed that a report would be in order, but suggested
that the matter be discussed in Committee of the Whole due to the possible
legal aspects.
ORDERED on the motion of Alderman Thomson, seconded by Alderman MacBain, that
the communication from Mrs. F- Brideau, and the basement flooding incident on
Ferry Street, be referred to City staff for~a report.' Carried Unanimously.
REPORTS
No. 108 - planning & Development Committee - Re: AM-28/77, Official Plan Amendment
No. 92, S. Cardsmona, Northwest Corner of Buttrey Street and Terrace Avenue.
The report recommends that the application be approved subject to Development
Control and adoption of Official planAmendment No. 92 by by-law.
ORDERED on the motion of Alderman Fern, seconded by Alderman Orr, that the
report'be received and adopted. Carried Unanimously.
.. See Resolution No. ~
~ee By-laws 78-48 and
78-49
No. 109 - City Manager - Re: Transportation Safety Association Awards, 1977. The
report recommends a)..:That seventy-four drivers be presented safe driving awards
at the Municipal Service Centre during March or April, 1978; b) That forty-nine
drivers with seven or more years of accident-free driving be permitted to attend
the Transportation Safety Association banquet on' April 8, 1978;;and c) that
His Worship, Mayor Bukator or his designate and two members of staff also be
authorized to attend the banquet.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the
report be received and adopted. Carried UnanimouSly.
NOTE: Alderman Mann was absent when the vote was taken on this matter.
No. 110 - City Manager - Re: Spring Rubbish Collection. The report recommends
that the spring rubbish campaign co~nnence on April 24th and be limited to one
collection on each route. Iris also rec~uended that the date and procedures
be advertised in the local newspaper and radio station.
ORDEPJ~D.on.the motion of Alderman Sobol, seconded by Alderm~n Schisier, that the
report be received and adopted. Carried Unanimously. . .... 6
NOTE: Alderman Mann was absent when the vote was taken
on this matter.
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No. 111 - City Manager - Re: 1978, T.J. Mahoney Road School. The repgrt
rec~..n~uds that the Assistant Streets Superintendent be authorized to attend
1978Mahoney Road School in Guelph from May 7 - 10, 1978.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
NOTE: Alderman l~ann was absent when the Vote was taken on this matter.
No. 112 - City Manager - Re: Niagara Square - Extension of Canadian Drlv~ on
Registered Plan M-40. The report recommends passage of a py-law to establish
Block '~IB' of Plan M-40 as a public highway forming part of Canadian Drive.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See By-law No. 78-5
No. 113 - City Manager - Re: Group Pre-Paid Dental Benefits. The report
provides information on a proposal by Young ts - Graves Insurance Agency Ltd.
concerning a replacement dental plan based upon requirements under the
Collective Agreements. The proposal recommends that Delta Dental be retained
as the Gity's insurer for the dental plan and that the City aecep~ the
year rate guarantee offered for employees.
In response to a question raised by Alderman Crows, Mr. B. biennie of
'Young*s - Graves InsUrance Agency Ltd., explained that there was a minimal
commission involved in the cost to the City as a result of the market research
that was carried out. Also in response to a question raised by Alderman
Schisler, Mr. Mennie explained that the City had been wise in obtaining a
three year rate guarantee originally, and that the increase in the rate to ;
the City reflected the Improvement in the plan as negotiated under collective
agreements. The rate slthough higher, is in line with other prices, in fact
lo~er than. the general market rate.
ORDERED on the motion of Alderman Cro~e, seconded by Alderman Jaluvka, that
the report be received and adopted. Carried Unanimously.
No. 114 - City Manager - Re: O~servance of Dominion Day and Remembrance Day,
The report recommends that Friday June 30, 1978 be granted for Dominion Day an~
Friday, Novebber 10, 1978 be granted for Remembrance Day~n lieu of the days en
which July 1st and November 11th fall.
ORDERED on the motion of Alderman Schisler, seconded by Alderman S.tewart, that,.
the report be received. and adopted. Carried Unanimously.
No. 115 - City Manager - Re: Worlunen's Compensation. The ~eport provides
information on the monies saved by the City under Schedule II of the Workmen's
Compensation Board.
Alderman MacBain acknowledged the fact that the C~ty had saved money over
the last few years by self-insuring against accidents, but expressed concern
over the consequences of a multiple injury. One accident alone. had cost the
City almost $40,000 and although these costs my be recoveeed .through legal
action, a multiple injury could cost the City thousands:of dollars. , The;
Alderm~n suggested that the possibility of a reserve account be considered
on an on-going basis to protect against such an occurrence.
In response t~ a question raised by 'Alderman Crowe, the City Solicitor adv~
that the City is suing on behalf of the employee who was injured in January of
1977, and. if snccess£ul, the City will recover its costs.
...... ORDERED'on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and filed, and further that a report be prepared on the
possibility of establishinSa reserve .account for.large'compensation payments.
Carried Unanimously.
No. 116 -City Manager - Re: O.H.I.P. Premiums. The report advises that as s
result of the recent Provincial Budget, the City will incur ~n additional cost
for O.H.I.P. Premiums of $42,000 in 1978 fromMay 1st to December 31st, 1978. ,'~
On sn annnsl basis, the amount would be $63,000.
ORDERED on the motion of Alderman Crows, .seconded by Aldernmn MaCBain, that
the report be received and filed. Carrie~ Unanimously.
NOB: Alderman Fern was absent when the vote was taken on this matter.
No. 117 - City Nsuager - Re: Ryerson-BarkeC Redevelopment Ares. The 'report
recoemnds p~_ssage of s resolution an~ by-law authorizing an application for
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Committee of the Whole where matters dealinS with personnel are usually
considered.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart,
that the report be received and adopted. Carried Unanimous ly.
No. 125 - City Manager - Re: O.H.C. Senior Citizens Project on Block J. Portage
Green Subdivision (120 Units). The report reconmends that O.H.C. be allowed
to construct certain utilities across City owned park land, and that upon
completion of the construction, an easement agreement will be entered into
with the municipality.
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
No. 126 - Loan Review Committee - Re: Applications for Assistance. aThe report
recommends approval .of thirteen applications for assistance under the Ontario
Home Renewal Program.
ORDERED on the motion of Alderman Sobol, seconded by 'Alderman Dilts, that the
report berreceived and adopted. Carried Unanimously.
No. 127 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman Thomson, seconded by Alderumn Schisler~ that
the report be received and adopted. Carried Unanimous ly.
RESOLUTIONS
No. 16 - FERA - ORE - RESOLVED that the.Council of the Corporation'of the City
of Niagara Falls hereby certifies that By-~aw No. 78-49 for the rezoning of
Lots 1 and 2, Registered Plan 16 on the northwest corner of Buttrey Street and
Terrace Avenue, will conform to Official Plan Amendment No. 28, once Official
plan Amendment No. 92 has been approved by the Minister of Housing; ~ND the
Seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 17 - MANN - THOM]ON - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby authorizes:
'1) the submission of an '~pplication for Contribution - Neighbourh0nd Improvement
p~ogram Implementation Stage" to the Ministry of Housing for a Federal
contribution of $662,400.00 and a provincial contribution of $331,'200.00
under the terms of Part II - 1 of The National Housing Act and pursuant to
the agreement entered into between the province of Ontario and Central
· Mortgage and Housing Corporation dated March 20, 1978 and Section 24 of
the Planning Act, Province of Ontario,.to assist in implementing the
Ryerson/Market Improvement Plan,
2) The submission of an application for an accountable advance of $88,000.~0
from the Federal Government and $44,000,00 from the Provincial Government
anddan agreement to account for this amount and to apply for further payments
through the submiss ion of certified statements of implementation expenditures
on a quarterly basis to the Province;
AND the Seal of the Corporation be hereto affixed.
,. Carried Unanimouslx
No. 18 -ORR - SCHISLER - RESOLVED that the price submitted by Repa Electric
· of $7~949 for reliShring of the Stamford Arena, be accepted;.lINDthe Seal of
the Corporation be hereto affixed.
Carried Unanimousll
No. 19 - TH(A~SON - SCHISLER - RESOLVED that the program of proposed Supplementary
Expenditures for Highway Improvements .for the year 1978 dated March 20, 1978, be
adopted as presented in the total estimated amount of $1,364,200.00, with an
estimated subsidy of $438,700.001 AND the Seal of the Corporation be hereto
affixed. Carried-Unanimousll
No. 20 - THO~ON - SCHISLER - RESOLVED that the Program of proposed Expenditures
for Highway Improvements for the year 1978 dated March 20, ,1978, .be adopted as
presented in the total estimated cost of $3,516,800, with an' est{mated subsidy
of $1,552,000; AND the Seal of the Corporation be hereto affixed.
Carried Unanimous ly
BY-LAWS
ORDERED on the motion of Aldermen Jaluvka, seconded by Alderman Thomson, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first ~me~ ..... 9
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contribution toward the neighbourhood improvement program implementation
stage and to adopt a Redevelopment Plan for the Ryerson-Market Redevelopment
Area.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
See Resolution N0,
NOTE: Alderman Fern was absent when the vote was taken and By-law 78-51
on this matter.
No. 118 - City Manager - Re: Parking on Secord Place. The report recommends
that parking be prohibited on both sides of Secord Place from its easterly
limit 120 feet westerly.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobol, that the
report be received and adopted. Carried Unanimously.
NOTE: Aldermen Crows and Fera were absent when th~ vote was taken on
this matter.
No. 119 - City Manager - Re: Lighting of Stamford Arena. The report recentheads
acceptance of the price submitted by Repa Electric for relighting of the Stam[c
Arena.
ORDERED on the motion of Alderman Orr, seconded by Alderman Schislers that the
report be received and adopted. Carried Unanimously.
NOTE: Aldermen Crows and Fern were absent when the vote See Resolution
...... ;was~aken~onr, thfs matter.
No. 120 - City Manager - Re: Occupation of Regional Roads. The report recomme~t
that the Region be advised the City of Niagara Falls has no objection to their
draft by-law to regulate the occupation of Regional Roads.
The Director of Municipal Works provided additional information in resp0m:
to s question raised by Alderman Thomson.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson, that
the report be received and adopted.. Carried Unanimously..
NOTE: Alderman Crows was absent when the vote was taken_an this matter,
No. 121 - City Manager - Re: Regional Sign By-law. The report recommends that
the City Manager be authorized to invite .comment from businesses which would
be affected by the Regionms proposed sign by-law.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
NOTE: Alderman Crows was absent when the vote was taken on this matter.
No. 122 - City M~nager - Re: 'City Float. The report reco~nends that Council
confirm the expenditure of $10,500 in the 1978 budget for float purposes and
that the City Manager be authorized to refurbish the 197B float and enter it
in certain events.
ORDERED on the motion 'of Alderman Thomson, seconded by Alderman err, that the
report he received and adopted. Carried Unanimously. .
NOTE: Alderman Crows was absent when the vote was taken. on this matter.
No. 123 - City Manager - Re: Annual Conference - Federation of Canadian
Municipalities. The report recommends that His Worship, Mayor Bukator and
the City Manager be authorized to attend the subject conference to b~ held
in Edmonton from June 4 - 7, 1978.
ORDERED on the motion of Alderman Orr, seconded by Alderman SteWart, that
the report bereeceived and adopted. Carried Unanimously.
NO. 124 - City Manager - Re: Annual Conference - Canadian Assloc~ation of
Municipal Administrators. The report requests authorization for the City
Manager to attend the subject conference to. be held in Edmonton from June
to ~th. 1978.
Alda .. Fara expr.s.nd co.c.r. that th. City mnag.r we.ld be eway from
the City for this conference and the F.C.M. Conference as well. The Alderman
,~u88ested that with the other commitments the City Manager has in various
~nize~io~ and meetings he a~te~s. less-t~:,-sas beins spen~. in his office.
not be d~cussed publicly, but in C~ittee of the Whole. His Worship, ~yor
~Bu~tor agreed and suggested t~t any further d~c~sion take place in
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No. 78-47 - A By-law to authorize the construction of works and an agreement
with T.G. Bright & Co. Limited respecting a s its for the proposed
Regional Headquarters building.
No. 78-48 - A By-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Falls Planning Area. (No. 92 - S. Cardamone,
. AM-28/77)
No. 78-49 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-28/77, S. Cardamone)
No. 78-50 - A By-law to establish a one foot reserve block as a public highway.
(Canadian Drive)
No. 78-~.1 - A By-law to adopt a Redevelopmerit Plan for the Ryerson/Market
' ' Redevelopmerit Area.
No. 78-52 - A By-law to authorize the execution of a lease with the Minister of
Transportation and Communications. (Parkette - Victoria Avenue)
No. 78-53 - A By-law to provide monies for general purposes.
Carried w~th Aldermen
Fera and Sobel vetinS
contrary on By-law 78-47
and all others voting in
favour.
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. 78-47 - A By-law to authorize the construction of works and an a~reement
with T.G. Bright & Co. Limited respecting a site for the proposed
Regional Headquarters building.
No. 78-48 - A By-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Falls Planning Area. (No. 92 - S. Cardsmona,
AM-28/77)
No. 78~49 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-28/77, S. Cardsmoot)
No. 78-50 - A By~law to establish a one foot reserve block as a public highway.
(Canadian Drive)
No. 78-~1 - A By-law to adopt a Redevelopmerit Plan for the Ryerson/Market
Redevelopment Area.
No. 78-52 - A By-law to authorize the execution of a lease with the Minister of
Transportation & Connnunications. (Parkerie - Victoria Avenue)
No. 78-53 -' A By-law to provide monies for~eneral purposes.
~. Carried with Aldermen
Fera and Sobol votin8
contrary on By-law 78-47
and all others voting in
layout.
NEW BUS INESS
1978 OPERATING BUDGET
Alderma~ Crows asked why Council would have to wait until April to see the
final budget draft. The City Manager explained that the City was waiting to
receive figures from the Region, School Board and certain assessment figures.
It was further advised that various groups would bek~aking, presentations to
Council on April 10th reSardin~ grant requests from the 1978 operating budget.
Alderamn erewe asked if it was not possible for Council to review the City~s
operatin8 portion of the budget excluding the Regional and educational]levies
prior fie the end of April. The City Manager advised that due to the City's
physical set-up ~ the budget in the Treasury Department it was not possible
to have.the budget ready for several weeks.
- 10 -
It was moved by Alderman Thomson, seconded by Alderman Stewart, that
the meeting adjourn. Carried
READ AND ADOPTED,
MAYOR
NINTH MEETING
Committee Room #1
April 3, 1978
COledITTEE OF ~HE WHOLE
Council met in Committee of the Whole on Monday, April 3, 1978 at 7:15
P.M. All members of Council were present with the exception of Aldermen
Crowe and Mann. Alderman Jaluvka pres ided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
BEAD AND ADOPTED,
MAYOR
Council Chambers
April 3, 1978
Council met on Monday, April 3, 1978, at7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Aldermen Crows and Mann. His Worship, Mayor Bukator presided
as Chairman. Alderman Schisler offered the 0pening Prayer.
UNFINISHED BUSINESS
SITE FOR pROpO~EDHEGIONALHEADQUARTERS
Report No. 128 - City Solicitor - The report advises that the solicitor for
Bright's has requested additional time for their Board of Directors to peruse
the proposed agreement and approve same. It is requested that any action on
the resolution and'by-iaw\bedeferred for.considerationat a subsequent meeting.
ORDERED'on the motion of Alderman Thomson, seconded by Alderman Jaluvka, that
the report be received and adopted. Carried Unanimously.
AM-4/76, D. D'ADDIO, MAPLE LEAF AUTO BODY ON DRUMMOND ROAD ROAD WIDENING
DEDICATION
Report No. 129 - City Manager - In view of what could be considered as mitigating
circumstances in this matter, the report suggests for Council's consideration:
1) Pointing out this important factor to the Regional Public Works Committee
and asking for its sympathetic review of their request for road widening across
the total property; 2) Adding any other recommendation which might come out of
Council's discussion of this report; and 3) Reiterating to the Region this
Council's desire to continue its present policy of requiring road widening
dedications on major arteries where studies indicate the necessity for such
future widenings.
Alderman Fera advised that at the Planning & Development Connnittee and
City Council meetings, no mention was made of the Region's request for the 10'
road widening dedication. It was also advised that the policy for taking
road widening was approved by Council in August of 1976 and Mr. D'Addio's
application came before the Planning & Development Co~xnittee in March and
~efore Council in April of 1976; Considering the circumstances, the Alderman
'felt that Council should recommend to the Region that it not request the
widening from Mr. D'Addio. Alderman Fera pointed out that Mr. D'Addio's lot
is 110' deep, and when one considers that 20% landscaping has been requested,
10' for road widening and 10~ to 15' distance for the people behind, there is
little room left for the expansion.
Alderman Jaluvka felt this was a case where the applicant made an
application and through no ~ault of his own, the Region neglected to apprise
him of their requirements of road widening. The applicant had relied on the
original comments by the various government bodies. The Alderman felt it
eas only fair under these special circ~nstances that the City request the
k~ion not' Co ask for the 10' road widening dedication.
-2-
Alderman Stewart asked if other persons on Dr,m-.ond Road requesting
rezonings for their property nould also apply not to have the road widening
taken. Alderman Thomson advised that a meeting was held on this matter and
it was decided that road widening would be included in every application
to be heard by the Planning & Development Committee, so that each applicant
would know at that time there may or may not be road widening required as a
condition of approval. In this way, a situation of this mature should not
re-occur, Alderman Thomson also suggested that the 10' strip be considered
as part of the land holdings for the purpose of the 20% landscaping intosad
as a condition of approval. Mr. D'Addio had indicated that he would not
build or put concrete in that area and if the Region is widening in the
future, no problem would be experienced in acquiring the property.
Aldel~mn Stewart asked if the Region would take the 10m strip if they
decided not to accept Council's reco~nendation. The Planning Director advised
that if they wanted and needed the land it would be acquired.
Following further comment, it was moved by Alderman Fern, seconded by
Alderman JetUrea that the Region be asked to waive the requirement for road
widening for this particular application only. The motion Carrie~ with
Alderman Stewart voting contrary, and all others voting in fayour.
MUNICIPAL INCENTIVE GRANT PROGRAM
Report No. 130 - City Manager - The report suggestedthe following allocation
of funds received under the M.I.G. Program: 1) Niagara South Library Addition
$50,000; 2) Possible Additional Rousing Studies $10,000; 3) Watermain on Kalar
Road $70,000; 4) Storm Sewer Study for Southwest Area $14,000; 5) Development
of Area Parks (Firemanse, Stamford, Grassy Brook, etc.) $45,000; 6) Sidewalk
on South Side of McLeod Road from Canal to Montrose $20,000; and 7) Storm
Sewer on Sinnicks from Vine to Coholan $15,000.
r
Alderman Thomson pointed out that the report indicates funds are to be
used to facilitate production of housing, and questioned how the Niagara South
Library addition would apply to that criteria. The Alderman felt that the
in the Offi~ial, Plan would:be a more-app~opriate use. The. Building p
Co-ordinator advised that he had tried to get a more defina~'r~e explanation
on,~he uses allowed for the funds. O.H.C. wanted the City to have some
flexibility in the use of the funds and stated that all moneys were not to
he used to supply hard services such as sewers, water and roads, but soft
services as well. Such soft services would include libraries and parks which
a community needs. In response to a further question by Alderman Thomson,
the Building & Development Co-ordinator indicated that if use of funds for
the library addition was turned down, Council would be advised and the monies
could be re-allocated elsewhere.
Alderman Sobol referred to a meeting held the previous week to which
those members of Council who spoke on the matter ~t the last Council meeting
were invited. At the meeting, a letter was presented from the Ministry of
Housing which suggested the use of funds for soft services holding up approval
of ho~sing development. While the extension of services and housing and
storm sewer studies could fit in this category, the Aldeman felt d~eIopment
of area parks did not meet the criteria established. "
Alderman MacBale suggested that further discussion should take place but
only if there were other possible items of expenditure that could be considered.
If other items were to be considered, it would be advisable to hsve a meeting
at which time s~ection would be made by Council with the assistance of staff.
Alderman Stewart stated that the items suggested by staff have been
on-going projects for a number of years. Due to the urgency of some of the
item, Alderman Stewart Indicated his approval of the st~ff suggestions.
The City Manager indicated that staff had gone through the operating
and capital budgets and chose as many items as possible that could qualify
under the grant. It was further indicated that this procedure would be
repeated and all items even those co~sidered doubtful would be submitted to
Council for perusal. Alderman Ozr suggested that the downtown revitalization
.s~hems be included for Countills consideration.
Following further co,~e~t, it was moved by Alderman Orr, seconded by
Alderman Jatuvkes that~the report be tabled and a special meeting be held to
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consider the allocation of the funds under the Municipal Incentive Grant
program. The motion CaFried with the following vote:
AY__EE: Aldermen Chessman, Dilts, Fern, Jaluvks, MacBain, Orr, Sobol and Thomson.
NAYE: Aldermen Schisler and Stewart.
REPORTS
No. 131 - Recreation Commission - Re: L~B. Pearson Park Plan. The report
recommends that the proposed park plan be approved in accordance with the
Park Design & Development Policy.
In response to a question raised by Alderman Sobol, the City Manager
indicated that the cost of the park development would be around $60,000 and
would be carried out over four or five years as funds from subdivis ion
development become ave ilable.
OKDERED on the motion of Alderman Jaluvks, seconded by Alderman Thomson, that
the report be received and adopted. Carried Unanimously.
No. 132'-'City Manager '- Re ~ Planning Department~ Annual ~ReFort for 1977. The
report provides information on the activities of the Planning Department for
t~e year 1977.
ORDERED on the motion of Alderman Fern, seconded by Alderman Thomson, that the
report be received and filed. Carried Unanimously.
:No..133 - City Manager - Re: Park Land Dedication - Review of By-law 77-93.
The report recommends passage of by-laws to reduce park dedication under
Section 35b of the Planning Act to 5%.
Alderman MacBain hoped that staff would watch the effect of the by-law
carefully, since this action was only a temporary solution to the matter of
park land dedication for lands not in plans of subdivision. Alderman Chessman
commented that ohe effect of the by-~aw could be to encourage vertical rather
than horizontal development in the City. Alderman Thomson agreed that the
by-lsw was only an interim measure until the City has had an opportunity to
study how other municipalities determine an adjustment of the percentage
permitted under the Planning Act.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that
the report be received and adopted. Carried Unanimously.
See By-laws 78-55 and
78-56
No. 134 - City Manager - Re: Tenders for Materials 1978. The report recommends
acceptance of various tenders for the supply-of variuus materials required in the
1978-79 season.
With respect to the tenders for tires, tubes and tire repairs, Alderman
Stewart asked if it would not be possible for the City to provide its own
tire repairsservice in the same manner as the Transit tommiss ion now performs.
The Alderman suggesteduthat~the City could save money by carrying out tire
repairs rather than tendering our this service, and requested a report on
whether the Transit Camelesion saved any money by taking such action,'and
whether the City would realize a savings by doing likewise. The Purchasing
Agent pointed out that it would cost the City more to start up its own repair
unit than to have the services of a tire company, and that the City was likely
saving money by tendering the service out. It was also pointed out that the
Transit Commission has only one sise of tire, whereas the City has many.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that
the report be received and ad~pted. Carried Unanimously.
See Resolution No. 21
No. 135 - City Manager - Re: Fire Department Uniform Tender. The report recommends
acceptance of quotations for the supply of Fire Department uniform.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 22
No. 136 - City Manager - Re: 1978 Tenders fo~ Fertilizer, Grass Seed, Sod and
Traffic Paint. The report recommends the acdeptance of various quotations for
the subject materials.
ORDERED on the motion of Alderman Thomson, seconded by Aldermen Chessman, thst
the report be received end adopted. g~rried Unanimously.
See Resolution No. 2~
No. 137 - City M~nager - Re: Quotations for Spin-On Type Polypropylene Main No. 141 - City M~nager - Re: Regional Road System. The report recon~nends
Brooms and Gutter Brooms. The report recommends acceptance of the price sub- that the Regional Municipality of Niagara be advised that the City has no
mitted by Rantax Inc. for the supply of spin-on type polypropylene nmin broom suggested changes and/or additions to the Regional road system as it n~
and gutter brooms for road eweepers. exists in the City of Niagara Falls.
ORDERBD on the motion of Alderman Thongson, seconded by Alderman Cheesman, that
Alderman Thomson asked why Clifton Hill would be considered a Regional
the report be received and adopted. Carried Unanimously.
See Resolution No.: :i road, and what the Region used as their general criteria for a Regional Road. Th~
' Director ofrMun~cipal Works stated ~that.,roads considered to be major arterial
No. 138 - City Manager - Re: Conveyance of Blocks "A", "B", "D" and '~" (Temp0.~ ~ a roads, roadwayssproviding a/ connectiona~between major. arterial roads or to
Turning Circle) in Theresa Subdivision Extension No. 2. The report recommends highways and roadways through commercial areas are nanally considered to be
passage of a by-law to authorize the conveyance of the subject blocks of lend Regional Roads. Clifton Hill would meet several of these criteria. Alderman
to the owners of the lands abutting thereon. Thomson suggested that consideration be given in the future to the City
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Thomson, that ~ resuming control of Clifton Hill so that matters affecting that roadway
the report be received and adopted. Carried Unanimously. would be under the jurisdiction of the City.
See By-law No. 78-5e ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 139 - City Manager - Re: Rental of Equipment for Iandfi11 Site. The report
recommends that staff be authorized to choose one of three options to satisfy No. 142 - City Manager - Re: Parking on Buchanan Avenue. The report recommends
the City's requirements for equipment at the Landfill Site. that the City Manager be authorized to take the necessary steps to have Buchanan
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Sobol, that Avenue between Ferry Street and Spring Street, reconstructed to provide for
the report be received and adopted. Carried Unanimonaly. - angle parking.
No. 140 - City Manager - Re: Control of Nightshade Plants as a Weed. The rep0n The Director of Municipal Works provided additional information in
reconmends passage of e by-lew to declare Climbing and Black Nightshade plants response to a question raised by Alderman Schisler.
as local noxious weeds within the City's boundaries, subject to approval of the ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
Ministry of Agriculture & Food. the report be received and adopted. ' Carried Unanimously.
Alderman MacBein commented that after studying Council procedures during NOTE: Alderman Orr was absent when the vote was taken on this matter.
th~a term he had noticed that quite aften a report is submitted to Council
recummeading p~.saage of an accompanying by-law at that same meeting. Council No. 143 - City Manager - Re: Parking on S,,mmer Street. The report recommends
subsequently passes the by-law and then complaints are received from those that parking be prohibited at all times from the northerly side of Summer
individuals affected by the by-law. The by-law is then amended or repealed Street from Temperance Avenue 100-feet westerly.
by Council following receipt of the complaints. Although the Alderm~n was not ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that
particularly questioning the by-law dealing with the nightshade plants, he the report be received and adopted. Carried Unanimously.
felt the matter should first be consMered in the form of a report, with
the by-law submitted at the following meeting of Council. In this way, Council No. 144 - City Manager - Re: Park Street Parking Lots. The report recommends
would not find itself in the embarrassing position of rever~g a decision and that both Park Street parking lots be closed to entry prior to 9:15 a.m. daily,
having its cred~bility questioned. after which parking would be free.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
With respect to the nightshade plants, Alderman Thomson stated that the the report be received and adopted. Carried Unanimously.
plsnt can be a definite health hazard to almost anybody such as small children
and aD~mnla. Regarding Alderman MacBain~s comments, Alderman Thomson.pointed No. 145 - City Manager - Re: Street Light Pole Reloeations. The report
out that many by-lsws are of a routine nature dadling with tenders and land Z reco~ends that ~Be City's Policy Manual be amended ~o provide that the City.
conveyances, usually items that keep the City moving. In the case of tenders, paytS0%~oflthe~ost~of. atreet light pole relocationa and the owner 50%.
a con~rae~or makes a substantial d~posit with the City, and a two week delay
~ould mean a financial hardship to contractors. By-laws o.f a more controversial' Aldemn Sehisler asked if the policy only related to new areas and not
nature seldom appear on the agenda of the meeting when a report is considered. - ~ a situation when the pole wad installed later which conflicted with a driveway
Alderman Jaluvka advised that there are areas of the City affected by the anttahoe. The Director of Municipal Works explained that this would be the
plant, in particular in his neighbourhood. With respect to the matter raised ~ ease as well as a situation when it cannot be determined whether the driveway
by Alderman MacBain, the Alderman stated it has been his observation that the ! o~cpole was there first.
majority of reports and by-laws considered by Council require intoradiate action
and the sooner action is carried out, the better off the City is. Matters [~ .....~ Alderman Cheesnmn expressed concern that' the policy was more beneficial
Ca~ngt,~nv a. tdecision.with~long.ter~limplications, could he~broughg~to the . to adjacent property owners affected by a pole.in that they each would pay one
attention of Cbuncil and a two-week "cooling off period" could be called for. el, third of the cost, whereas a property owner with no neighbout involved would
Alderman Cheesean commented that he felt it was not any great problem to ~ pay 5070 of the cost. The Director of Municipal Works advised that the policy
! suggested was more beneficial to the property owner with no neighbour than
rescind a decision taken in good faith originally, and while the suggestion
-was a valid concern, general procedure was handled well and did not warrant an i~ the previous policy under which he would pay 100% of the cost. Under the new
~ policy the owner would only pay 50%, which is ~x~waexactly the same as the
autc~atic two week delaysomlmoatrmatters. e Cityas hydrant rel0cation policy.
Alderman Stewart pointed out that in the case of the nightshade plant, it
?Z ZT.;I :;rltLRL"e. ; ZZdp :Za ':Z:reeponse to a neation reised hy A,de =n era, the Director of
r d t u o 1 MuniCipal Works explained that as far as the City was concerned, the poles
local weed by the Ministry rather than a noxious weed. The Alderman felt that [ are ~laaeddin;,the, correct location initially, and if a driveway is constructed
poison ivy was ~ueh. more of a danger to people than the nightshade plants. 9 too close to a pole or if a dn6ble driveway is constructed in a manner that
conflicts with the location of the pole, it is only fair that the property
In response to a question raised by a member of the au~dence, the Director . owner pay a portion of the relocation costs.
of Municipal Wo;ks pgovided inforeation on the procedure of handling weed ORDERED on the motion of Alderman Thomson, seconded by Alderman Fare, that
com~!al6ts, the report be received and adopted. Carried Unanimously.
Followin8 further comment, it was moved by Alderman Thomson, seconded by No. 146 - City Manager - Re: O.T.C. Elected Representatives Seminar. The
Alde~a~n 8obo. l~ .~h.%~ ~he ~epot. tbert%~eive4 and adopted. Carried Unanimously. report recommends that two members of City Council be authorized to attend
the subject seml,,nar to be held in Toronto from Thursday April 13th to
See By-law No. Saturday April 15th, 1978.
ORDERED on the motion of Alderman Fete, seconded by Alderman Dilts, that
..... ~ Aldermen Stewart and Thomson be authorized to attend the seminar. Carried
Unanimously. .....6
-6 -
No. 147 - His Worship, Mayor Bukator - Re: Manual for Basic Courses ~ Ontario
Conference on Local Government. The report recoupends that if members of
Council are interested in a course on local government, that arrangements be
made to conduct such a course in the City of Niagara Falls.
His Worship, Mayor Bukator indicated that the Chamber of Commerce might
be interested in sponsoring the course, and suggested that the matter be tablet
until further information can be obtained from the Chamber.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Jaluvka, that
the report be tabled pending further information from the Chamber of Cmmnerce.
Carried Unanimously.
No. 149 - Local Architectural Conservation Advisory Committee - Re: Availabili~.
of Student Assistance. The report recommends that permission be granted to
take advantage of student assistance as provided by Experience '78 Programme,
and that a sum not exceeding $250 be provided in the Current Budget for this
purpose.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Chessman, that
No. 148 - City Manager - Re: Development Plan Approval - Proposed Senior Citiz~.~.
Apartment Project, Ontario Housing Corporation on Portage Road. The report
recommends approval of the subject Development Plan as submitted.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart,
that the report be received and adopted. Carried Unanimously.
the report be received and adopted. Carried Unanimously.
No.llS0 - City Manager - Re:SSubdivision Procedures by City of Niagara Falls
Municipal Works. The report provides information on the processing of subdivbi
in the City of Nisgara Falls.
ORDERED on the motion of Alderman Thanson, seconded by Alderman Stewart, that
the report be received and filed. Carried Unanimeusly.
No, 151 - City Manager - Re: Regional Trunk Watermain Extension from Montrose
Rood to Dorchester/Oldfield Roads, The report recon~nends that the City's share
of the subject construction be paid out of Expansion & Renewal Funds.
In response to a question raised by Alderman Thomson, t~ Director of
Municipal Works advised that the inteht of the construction is to a11o~ the
reservoir to be filled more quickly and boost the pressure of pre-inatalled
mains to enaur~ an ample supply to c~rtain areas such as Niagara Square.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Stemart, that
the report ber~eceived and adopted. Carried Unanimously.
No. 152 - City Munager - Re: Storm Sewer Oversizing in Conjunction with Regi0mZ
Niagara Proposed Construction of Morrison Street Extension. The report recamel
that the oversizing scheme in conjunction with the subject "Construction be appr~
and the coats for the oversizing be financed with funds available in the By-law
73-267 account.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Dilts, that the
report be received and adopted. Carried UnanimOusly.
No. 153 - City Manager - Re: Westwood Village II Subdivision. The report
reconnends passage of a by-law authorizing agreements with Pages Incorporated
and Fernview Construction Ltd. to authorize certain changes in existing agree-
ments and permitting the release of building permits for certain lots in the
subject subdivision.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the
report barreceived and adopted. Carried Unanimously.
See By-law No. 78-5
No. 154 - City Manager - Re: Resolutions from Other Municipalities.
1) City of Brampton - Requesting the Province to amend the regulations to the
Building Code to place an expiration date on building permits.
Recommendation - That~'thepresolu~fon::be'-re~eived,,and filed.
2) ~ity of Waterloo - Requesting the Province of Ontario to enact legislation
which would empower local municipalities to prohibit or regulate smoking in
· certain estailishments.
Ree~suendstion - That the resolution be endorsed.
3) Tow~ of Trenton - Requesting Federal o~ielals to take the necessary action
to ensure that the outflow of Lake Ontario is increased .now'to a ~ate that
will maintain the levels of Lakes Ontario sad Erie.
Recemmendstion - That the resolution be endorsed.
4) TownShip of Otonabee - Expressins concern to the Provincial and Federal
Oovarnments reSardlhg the exorbitantl~ increasing costs of heating fuels
.... and'particularly turnsos oil.
-7-
Recommendation - That the resolution be endorsed.
5) Borough of Scarborough - Requesting the Ministry of Transportation and
Communications to investigate the loss of Provincial revenues resulting
from the lack of enforcement of regulations relating to the licensing of
vehicles entering the Province.
Recommendation - That the resolution be received and filed and the Borough
of Scarborough be asked to provide supporting information when seeking
municipal endorsement of a resolution.
6) Regional Municipality of Mamilton-Wentworth - Endorsing the continued use
of non-returnable metal beverage contatners.
Recounendation - That the resolution be endorsed.
ORDERED on the motion of Aldermen Thomson, seconded by Alderman Fera, that
the resolution of the City of Brampton be received and filed. Carried Unanimously.
ORDERED on the motion of Aldermen Chessman, seconded by Alderman Sobol, that
the resolution of the City of Waterloo be endorsed. --Carried Unanimously.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that the
resolution of the Town of Trenton be endorsed. Carried Unanimously.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that the
resolution of the Township of Otonabee be endorsed. Carried Unanimously.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that the
~esolution of the Borough of Scarborough be received and filed and the Borough
asked to provide supporting information when seeking municipal endorsement of a
resolution. Carried Unanimously.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the
re~otution of the Regional Municipality of Hamilton-Wentworth be endorsed.
Carried Unanimously.
No. 155 - City Manager - Re: Municipal Accounts. The report reco~aends payment
of the municipal accounts.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Schister, that
the report be received and adopted. The motion Carrie~ with Alderman S~ewart
declaring a conflict of ~hterest on Cheque ~6204, Aldermen Chessman and Jaluvka
d~claring a conflict of interest on Cheque ~6293 and Alderman Fera declaring a
conflict of interest on Cheque ~6332.
RESOLUTIONS
No. 21~- THOMSON - CREESMAN - RESOLVED that the quotations received for the
supply of the following materials be accepted:
l)r~ires, Tubes & Tire Repairs - Firestone Canada Limited,
2) Hot Mix Asphalt - Queens~on qu~.~.~rigs ~Mardrock Paving,
A8p~altte cola Patc~ - Northland Bitulithic Limited.
3) Granular Materials & Sand - To be purchased from the low bidder at the
source closest to the site used, When prices are equal for the same product,
purchase of same will be divided as'~qtWm. llY as possible,
4) Gate Valves - Emco Supply and Canada Valve,
5) Valve Boxes - J,R. Ferguson,
· 6) Tapping Valves & Sleeves - Emco'Supply, Canada Valve and Wes=ern Supplies Ltd,
7) Oxygen, Acetylene &Propane - Niagara Welders Supply,
8) Supply & Apply of Traffic Line Striping - Modern White Lines Service,
9) Cement, Lime and Seal Bond - Weightman (Chippaws) Limited,
~,~'10) Ready-Mix Concrete - Weightman (Chippawn) Limited,
; AND the'Seal of the Corporation be hereto affixed,
Carried Unanimously
No. 22 - THOMSON - CHEESMAN - RESOLVED the following quotations for the supply of
Fire Department uniforms be accepted:
1) Complete Uniforms - Fishman's Men's Shop at $8,766.56.
2) Clip-on Ties - Fishman's Men's Shop at $283.12.
3) Farms-Press Trousers - Fishman's Mun's Shop at $1,165,38,
4) Shirts - Audibert's Menss Sh~p at $3,862,68,
; AND the Seal of the .Corporation be hereto affixed.
Carried Unanimously.
No. 23 - THONSON - CHEESNAN - RESOLVED that the following quotations for the supply
of fertilizer, grass seed, sod and traffic paint be accepted:
1) Fertilizer -'Vio Palmar Enterprises Limited.
2) Grass Seed - Otto Pick & Son and F.R. Smith Seeds.
"3) Sod:- Niagara Marion Sod.
4) Traffic Paint - Ibis Products.
; AND the S.~al of the Corporation be hereto affixed.
Carried UnanimouslJ~
- ~ - r
No. 24 - THoMsoN - CHEESMAN - RESOLVED that the price submitted by Rantax Inc.
in the amount of $5,535.00 for the supply of spin-on type polypropylene main
brooms and gutter brooms, be accepted; AND the Seal of the Corporation be herere
affixed.
Carried Unanimoush
BY- IAWS
ORDERED on the motion of Alderman Thomson, seconded by Alderman err, that leave
be granted to introduce the following by-laws, and the by-laws.be read a first
time:
No. 78-54 - TABLED
· No. 78-55 -. A By-lsw to provide for the adoption of an amendment to the Official
' Plan of the Niagara Palls Planning Area. (No. 95 - Park Land Dedical
Policy)
No. 78-56-
No. 78-57-
No. 78-58
A By-law to provide for the conveyance to the City of land for par~
purposes as a condition of development or redevelopmerit of land for
residential purposes.
A By-law to authorize the conveyance of Blocks "A", IIBIIJ uDII and
according to Registered Plan M-30 to the owners of the lands abutt~
thereon.,
A By-law to designate certain plants as noxious weeds. (Nightshade
Plants )
No. 78-59 - A By-law to authorize the execution of an amending agreement with
Pegas Incorporated and an. agreement with Fernview Construction L~i
No. 78-60 - A By-law to provide monies for general purposes.
Carried with Aldem
Cheesman,.Fera,.JslL1
a~dLStewart abstainil
on-aaoonflict of iati
.... on By-law' 78-60, and
others voting inkfar
ORDERED on the' motion of Alderman 8obol, seconded by Alderman err, that the
following by-laws be now read a second and third time:
No. 78-54
No. 78-55
No. 78-56 -.
No. 78:57 -
A By-law to provide for the a.doption of an amendment to the Official
Plan of the Niagara Falls Planning Area'. '(No. 95- Park Land
Policy)
A By-law to provide for the conveyance to the City of land for park
purposes as a condition of development or redevelopment of land
residential purposes,
A By-la~ to authorize the conveyance of Blocks "A", '~" "D" and
,
according to Registered Plan M-30 to the ownetC.,of the,.lan~s abutill
thereon. ' '
No. 78-58
No. 78-59
No. 78-60
A By-l~w to designate certain plants aS noxious weeds. (Nightshade
Plants)
A By-law to ~uthorize the execution ofan amending agreement with
Incorporated and an agreement with Fernview Construction Limited.
A By-la~ to provide monies for general purposes.
Carried with
Chessman,' Fera, Jal
and Stewart
on a conflict of
on By-law 78-60, s~
others voting~
-9-
NEW BUSINESS
NO PARKING - SNOW REMOVAL OPERATIONS
Alderman Cheesman referred to a request he had made several weeks ago
regarding the possibility of emergency no parking regulations for snow removal
purposes, and asked if a report would be forthcoming on the matter. The
Director of Municipal Works indicated that a report will~be.a prepared for
'Council's consideration.
C.N.R. CR(]dSING ON KALAR ROAD
Alderman Chessman made reference to a request he had made regarding the
possibility of the City doing something about the level crossing on Kalar Road,
and asked the status of the matter. The City Clerk indicated that the Region
has been contacted and the City~s concern has also been expressed to the
appropriate Federal officials.
SEWAGE SYSTEM - HAGAR/CALEDONIA AREA
Alderman Cheesmsn advised that it had beenbbrought to his attention that
residents in the Hagar/Caledonia area have been experiencing problems since the
new sewer system had been installed. In particular several catchbasin covers
had risen above the surface of the asphalt and water was not draining into the
catchbas ins but remaining on the surface of the road. Also a resident on the
corner was now experiencing flooding problems. The Alderman requested the
Municipal Works Department.to investigate the matter.
TRAFFIC LIGHTS - TOWN & COUNTRY BLAZA
Alderman Sobel asked the status of the proposed installation of traffic
lights on Portage Road at the Town & Country Plaza. The City Manager indicated
that the Region had authorized the work to go ahead and once certain land
acquisition has been completed, the lights should be installed this year.
The City Manager also indicated that he would contact the Region on this
matter again.
PEAT MOSS OPERATION - FIRST AVENUE AREA
Alderman Thomson advised that he had been trying to assist residents in
the First Avenue area north of Bridge Street regarding a problem being experienced
with a peat moss firm operating to the rear of their property. The firm is
using a roadway adjacent to railway tracks for deliveries to and from the
operation. Large tractor trailers are travelling along this roadway on a
regular basis and due to the large number of potholes, a severe dust problem
occurs in the area. The roadway is in such a bad condition that the trucks
are shaking the ground and caus ing damages to the homes. There is a possibility
of insurance claims being placed against the firm. The frequency of the
vehicles using the roadway is alarming, not only in the day time but in the
early morning hours and on Sundays as well. Both the residents and the City
,Clerk have contaSted the firm in an attempt tq~reach a solution, but little
or no co-operation had been offered. It was moved by Alderman Thomson, seconded
by Alderman Cheesnmn, that the City Clerk contact the firm on the matter, and
also that a report be prepared for Council~s consideration. ~arried Unanimously..
FLOODII~ ~ USSRERS CREEK "'" '- '
Alderman Stewart requested a report on the flooding problem that occurs
along Usahers Creek between SodomRoad and the Niagara Parks Commission lands.
DISCUSSION ON STAFF MATTERS
His Worship, Mayor Bukstor referred to recent occasions when members of
staff had been discussed at Council meetings, and the comment made that discussions
regarding staff should take place in Committee of the Whole. The Mayor also
advised that he had recently artended a staff meeting and sugges[ed that
Council should meet in Committee end discuss any matters dealing with staff
the members of Council feel may be important. It had been suggested by the
City Solicitor that if a particular member of staff is to be discussed, that
person should have the right to attend the meeting as well. The Mayor
suggested that COuncil meet in Committee prior to the next regular meeting
to the fact,that matters dealing with personnel, property acquisition and
litigation are item~ that should be considered in Coasttree of the Whole,
-8 -
No. 24 - THOMSON - CHEESMAN - RESOLVED that the price submitted by Rantax Inc.
in the amount of $5,535.00 for the supply of spin-on type polypropylene main
brooms and gutter brooms, be accepted; AND the Seal of the Corporation be here
affixed. Carried UnanimouslZ
BY- LAWS
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that leave
be granted to introduce the following by-laws, and the by-laws .be read a first
time: - - ·
No. 78-54 - TABLED
· No. 78-55 -.A By-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Palls planning Area. (No. 95 - Park Land Dad jut
Pol icy )
No, 78-56 - A By-law to provide for the conveyance to the City of land for park
purposes as a condition of development or redevelopmerit of land for
residential purposes.
No. 78-57 - A By-law to authorize the conveyance of Blocks "A", "B", "D" and
according to Registered Plan M-30 ~o the owners of the lands abuttil
No. 7S-SS - A By-hw to deai S te certain plants as noxious weeds.
No. 78-59 - A By-law to authorize the execution of an amending agreement with
Pages Incorporated and an. agreement with Fernview Construction Limit
'on By-law' 78-60, a~ -
others voting in is!
78-60 - A By-law to provide monies for general purposes.
Carried with Aldem
Cheasman,.Fera,.JaD
.and_Stewart abstai~
On aaconflict of
ORDERED on the' motion of Alderman Sobol, seconded by Alderman-Orr, that the
following by-laws be now read a second and. third time:
No. 78-54
No. 78-55
'No. 78-56
- ~.B~EDau
,/
- A By-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Falls Pla'nning Area'. '(No. 95- Park Land Dedicat i
Policy)
-. A By-law to provide for the conveyance to the City of land for park ~
purpose~ as a condition of development or redevelopment of land for
residential purposes. ';
- A By-la~ to authorize the conveyance of Blocks "A", 'B', 'D' and '~
according to Registered Plan M-30 to the owna~.,of the,.lan~s abuttin
thereon.
No. 78;57
- A By-law to designate certain plants as noxious weeds. (Nightshade
Plants ) - .
- A By-law to authorize the execution of an amendin8 agreement with [t.,
Incorporated and an a~reement with Fernview Construction Limited.
No. 78-60 .- A By-la~ to provide monies for general purposes.
Carried with Aldem
Chessman,' Fern, Ja| '
and Stewart abstai~
on a conflict of
· ..~
-,,~ on By-law 78-60, am
.! _ ' .,: .: others, voting in ~!
No. 78-58
No. 78-59
-9-
NEW BUSINESS
NO pARKING - SNOW REMOVAL OPERATIONS
Alderman Cheesman referred to a request he had made several weeks ago
regarding the possibility of emergency no parking regulations for snow removal
purposes, and asked if a report would be forthcoming on the matter. The
Director of Municipal Works indicated that a report ~ill.~be-~ prepared for
· Council's consideration.
C.N.R. CROSSING ON KALAR ROAD
Alderman Cheesman made reference to a request he had made regarding the
possibility of the City doing something about the level crossing on Kalar Road,
and asked the status of the matter. The City Clerk indicated that the Region
has been contacted and the City's concern has also been expressed to the
appropriate Federal oEficials.
SEWAGE SYSTEM - HAGAR/CALEDONIA AREA
Alderman Cheesman advised that it had beenbbrought to his attention that
residents in the Hagar/Caledonia area have been experiencing problems since the
new sewer system had been installed. In particular several catchbasin covers
had risen above the surface of the asphalt and water was not draining into the
catchbasins but remaining on the surface of the road. Also a resident on the
corner was now experiencing flooding problems. The Alderman requested the
Municipal Works Department-to investigate the matter.
TRAFFIC LIGHTS - TOWN & COUNTRY ELAZA
Alderman Sobol asked the status of the proposed installation of traffic
lights on Portage Road at the Town & Country Plaza. The City Manager indicated
that the Region had authorized the work to go ahead and once certain land
acquisition has been completed, the lights should be installed this year.
The City Manager also indicated that he would contact the Region on this
matter again.
PEAT MOSS OPERATION - FIRST AVENUE AREA
Alderman Thomson advised that he had been trying to assist residents in
the First Avenue area north of Bridge Street regarding a problem being experienced
with a peat moss firm operating to the rear of their property. The firm is
using a roadway adjacent to railway tracks for deliveries to and from the
operation. Large tractor trailers are travellingalong this roadway on a
regular basis and due to the large number of potholes, a severe dust problem
occurs in the area. The roadway is in such a bad condition that the trucks
are shaking the ground and causing damages to the homes. There is a possibility
of insurance claims being placed against the firm. The frequency of the
vehicles using the roadway is alarming, not only in the day time but in the
early morning hours and on Sundays as well. Both the residents and the City
Clerk have contacted the firm in an attempt to~Xeach a solution, but little
or no co-operation had been offered. It was moved by Alderman Thomson, seconded
by Alderman Cheesman, that the City Clerk contact the firm on the matter, and
also that'a report be prepared for Council's consideration. Carried Unanimously.
FLOODING A USSH;RE CREEK , .
Alderman Stewart requested a report on the flonding problem that occurs
along Usahers Creek between Sodom Road and the Niagara Parks Commission lands.
DISCUSSION ON STAFF MATTERS
His Worship, Mayor Bukator referred to recent occasions when members of
staff had been discussed at Council meetings, and the comment made that discussions
regarding staff should take place in Committee of the Whole. The Mayor also
advised that he had recently artended a staff meeting and sugges[ed that
Council should meet in Committee and discuss any matters dealing with staff
the members of Council feel may be important. It had been suggested by the
City Solicitor that if a particular member of staff is to be discussed, that
person should have the right to attend the meeting as well. The Mayor
suggested that Cbuncil meet in Con~nittee prior to the next regular meeting
to discuss how best the matter should be handled. Reference was also made
to the fact.that matters dealing with personnel, property acquisition and
liti~stion are items that should be considered in C~muLttee of the Whole.
..... 10
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DO~I~NREVITALIZATION
Alderman Orr advised that he h~d been following a programme which the
provincial Government has implemented dealing with downtown revitaltzation.
In checkinB with staff, Aldennan Orr had determined that the matter was not
considered a priority item and no definite proposal had been established.
Other municipalities such as Chatham, Sarnia and Brantford are taking
advantage of the program. The City Manager had advised the Alderman that
the City would require expertise in downtown development, a person who is
an expert in trade and commerce and in making n downtown more attractive.
The Alderman pointed out that the Downtown area has provided service to the
community for many years, and now that major comaercial areas have been
established elsewhere in the City, the City should not forget what took care
of its citizens for years. The Downtown Board of Management indicated that
they would participate financially for a study directly relating to the
Downtown area as long as the proposal is implemented. The matter was discussed
by the Planning & Development Committee a~d was turned down because there was
a question on where the money would be found. Alderman Thomson agreed that
the City does owe a responsibility to the Downtown area, but felt that Council
should obtain all the facts and figures in order to make a decision.
The City Manager advised that Niagara Falls was the first City to apply
to the Province under the program, however the funding available is mainly
tn the form of a loan. The City would also have to own property in the
Downtown area in order to implement such a project. The Province suggested
that the City contact Mr. A.~grate who has worked on similar projects
~hroughout the Provinceaadd get an idea'of what can be done in the Downtown
area. Mr. Crate has indicated that he will prepare a report which will be
be presented to Council.
Alderman Fern pointed out that when Algoma Central had been involved
in building a plaza in Niagara Palls, they had also indicated an interest
in the i)owntown area. The Alderman asked if the City had been in touch
with this kind of developer regarding a Downtown proposal. His Worship,
Mayor Bukator advised that he had not lost contact with Algena and had in
fact spoken to one of the representatives on that matter. "-
The Planning Director felt the matter should again be considered by
the Planning & Development Committee and pointed out that it was too large
a project to have been dealt with by the Committee in one meeting. If the
matter is referred back to the Committee, it would only involve a two week
delay before caning to Council. Alderman Orr pointed out that his main
concern was the fact the operating budget is to be coosidered shortly, and
the possibility of including monies in the budget for s Downtown revitslisati0n
scheme should be considered. ,~
It was moved by Xlderman Thenson, seconded by Alderman Stewart, that
the meeting adjourn. Carried Unanimously.
R~D A~ A~D,
TENTH MEETING
Committee Rooms ~[2 & 3
April 10, 1978
SPECIAL MEETING
Council met on Monday, April 10, 1978 at 4:30 p.m. for the purpose of
reviewing grant requests from various organizations. All members of Council
were present with the exception of Alderman Orr. His Worship, Mayor Bukator
presided as Chairman.
NIAGARA PROMOTION ASSOCIATION
Mrs. Loretta Rae, President of the Association, reviewed the proposed
budget and grant request with members of Council. Mrs. Rae advised that
the Association has just been notified that there will be a Winratio Night
held in conjunction with the Association's Winter Festival in January of
1979. In response to questions raised by Aldermen MacBain and Sobol,
Mrs. Rae indicated that the shortfall of $15,000 at the end of the year
will be absorbed ~hrough cash on hand and various projects and membership
participation. It was also advised that the additional events scheduled
for the Blossom Festival will not involve any expense to the Association.
The displays for the Blossom Festival will be located in the Park Motor
Hotel and the Harvest Festival displays will be at Niagara Square.
Following further discussion, it was moved by Alderman Mann, seconded
by Alderman 8chisler, that the submission of the Niagara Promotion Association
be referred to the 1978 operating budget discussions. Carried Unanimously.
NOTE: Alderman Chessman arrived at the meeting.
NIAGARA FALLS PUBLIC LIBRARY BOARD
Mr. R. Durdan and Miss D. Van Slyke of the Board presented the proposed
budget and grant request to CounCil. In response to a number of questions
raised, Miss Van Slyke advised that the Board's book budget is considerably
lower than most cities in Ontario per capita. Being the Board's lOOth
anniversary, the Library is trying to get $1.00 per capita for the budget.
It was also advised that with respect to equipment and furnishings, most
expenditures were on the modest side, i.e. typewriters, except for the
new van. The total cost was approximately $8,000, and Winratio matched the
Board's expenditure of one half the cost to assist in the purchase.
Alderman Mann referred to the fact that two new employees were to be
hired during 1978 and wondered if it was necessary to hire both this year.
'If it becomes necessary to reduce the budget, the Alderman suggested that
this could be one area where a reduction could be made. Miss Van Slyke
advised that one of the employees is for part-time summer help to cope with
vacations. This employee is necessary. It is not intended that the other
employee would be hired until June since there. is no allowance in the budget
for the increase in CHIP costs. The increase in minimum wage and processing
costs atethe Regional Library of 20% were also not forecas~ in the budget.
NOTE: Alderman Themson arrived at the meeting.
In response to a question raised by Alderman Sobol, it was explained
that the "Outreach Ontario" program of the Ministry of Culture & Recreation
provided funds for cultural programming and each library in the Region is
given so much from the allotment for the Niagara Peninsula. The amount
left in reserve from that grant resulted from the loss of a major concert
that was deferred due to a snowstorm in January. The group could not
reschedule their concert until after expiration of the grant date, and
special permission was granted to hold the funds.
Following 'further discussion, it was moved by Alderman Mann, seconded
by Alderman Sobol, that the submission of the Niagara Falls Public Library
Board be referred to the 1978 operatin~ budget discussions. Carried
Unanimously.
NIAGARA RESORT & TOURIST ASSOCIATION
Mrs. Amy Bignucolo, President of the Association, presented the proposed
budget and grant request for 1978. Mrs. Bignucolo explained that 100% of the
City's 8rant would 8o to the promotion and advertising budBet of the Association.
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Various representatives of the Association provided additional
information several aspects of the budget related to promotion of tourism,
and the relationship between the CityIs grant and tax revenue generated by
the industry.
In response to a question raised by Alderman Cheesman, Mr. G. Paul advised
that the results of a survey conducted recently would be completed by the end
of April. The survey will be the property of the Association and will be
available to the public. It is hoped that a portion of the printing costs
can be recovered through sale of copies of the survey. In response to a
further question by Alderman Chessman, Mr. 3. Moir advised that the Association
does have an advertising agency prepares its advertising campaign. The Associa~
recently engaged a public relations service to obtain free radio and television
time to promote the City. Both organizations are separate entities, but do
through different means promote the City. With respect to the Association's
telephone reservation and information service, Mr. Moir explained that the
service is designed to provide visitors with easy access to information and
ass/stance in reservations for accommodation or dining.
Alderman Sobol asked if the Association and City had investigated an
alternate means of funding such as adding membership fees to the City's
licehoe fees so that all tourist establishments would contribute to the
promotion of the City and not Just the taxpayers. Mr. G. Paul advised that
the matter has been investigated and problems were encountered. Although
the problems such as a private member's bills have not been solved, the
'matter has not been dropped.
Following further discussion, it was moved by Alderman Cheesman, seconded
by Alderman Jaluvka, that the submission of the Niagara Resort & Tourist
Association be referred to the 1978 operating budget discussions. Carried
Unanimously.
SOCIAL PLANNING COUNCIL
Mr. D. Lyman, Vice-President of the Social Planning Council, presented
the group's proposed budget ~nd grant request for 1978. Mr.-%"yman reviewed
the submission with members of Council and provided additional information
in response to a number of questions raised.
It was moved by Alderman Schisler, seconded by Alderman Stewart, that
the submission of the Social Planning Council be referred to the 1978 operati~
budget discussions. Carried Unanimously.
The meeting adjourned briefly.
RENTAL OF EQUIPMENT FORLANDFILL SITE
Report No. 156 - City Manager - The report recommends that the combined tender
by Duffin Construction at $34.85 per hour be accepted until April 2, 1979. It
is also recommended that future tenders be under bond to supply both pieces of
equipment by only one contractor.
The Maintenance & Operations Engineer advised that Council had recently
approved a report which reco~nended acceptance of a low tender submitted by
Veteran's Unlimited for rental of equipment to be used at the Landfill Site.
Since that time, the contractor has not been able to fulfill the City's
requirements due to damage to the equipment. The tender specifications called
for the supply of both pieces of equipment. If the low tendeter cannot supplY,
the City then would go to the second low bidder to obtain the equipment. The
second low tendeter on the bulldozer was Duffin Construction and the second
low tendeter on the from Alcopa Construction for the front-end loader. It
Was intended to have both contractors supply their equipment and work together
on the site, however Alcopa Construction has indicated its wish to withdraw
at. sting that the firm does not wish to work with another contractor on the
The third low tender for the front-end loader is Duffin Construction who is
also providing the bulldozer. The combined price from Duffin Construction is
$34.85. Subsequently~ Alcopa Construction submitted an alternate offer to
supply both pieces of equipment for the price of $34,00 per hour. It would
be contrary to the spirit of the tender to reject the prices submitted by
Duffin Construction, and since Alcopa Construction withdrew its original
tender, the recommendation has been made to accept the prices submitted by
Duffin Construction. It is proposed that in future, the City only call
tenders from contractors who can supply both pieces of equipment and require
that a tender bond and bid bond be submitted with each tender.
In response to a question raised by Alderman Crowe, the Maintenance and
Operations Engineer advised that up to and including this year, the City has
never requested deposits for tenders on rental of equipment. Additional
information was provided in response to a number of questions raised.
Following further comment, it was moved by Alderman Chessman, seconded
by Alderman Jaluvka, that the report be received and adopted. The motion
Carried with the following vote:
AYE: Aldermen Cheesman, Dilts, Fera, Jaluvka, MacBain, Mann, Schisler, Sobol
and Stewart.
NAYS: Aldermen Crowe and Thomson.
MUNICIPAL INCENTIVE GRANT PROGRAM
Report No. 157 - City Manager - The report provides information with respect
to the subject program and provides a list of possible projects that could
be financed under the grant.
Alderman Mann expressed concern if a number of the pro3ects are submitted
to the Government for approval and are deleted from the operating budget, and are
subequently turned down by the Government following completion of the budget,
there would be no provision of funds for those items.
Alderman Crowe stated that the City has been provided with $224,000 and
the criteria is that it spent on items related to housing development. The
Alderman asked if there were not items in the capital budget related to
housing development that could be financed with these funds. The City Manager
advised that the report did not provide more capital budget projects since
the indication from Council was that operating budget items would receive
more favourable consideration. The City Manager further advised that it was
proposed to include 2.5 mills in the ~perating budget to reduce capital
expenditures. This way, the operating budget would be reduced through use
of the M.I.G. funds, and the capital budget would be reduced by inclusion of
the additional 2.5 mills in the operating budget. Alderman Crows pointed out
that over a long term, reduction of the capital budget by 2.5 mills would
produce a savings of twice the amount of the grant, and a reduction of the
capital budget would appear to be more appropriate.
Alderman Cheesman suggested that the funds be used for items #1, #2 of
the capital budget and #1, #3, #6 and #9 from the operating budget. Alderman
Schisler suggested that items #1 and #2 of the capital budget and items #6,
#9 and #11 should be considered. Alderman Sobol felt that items #2 and #3
of the non-budget items should receive consideration as well. Amont other
projects suggested were expansion of the Chippawa Library and replacement of
leaking watermains by Aldermen Mann and Feraj~espectively.
Alderman Crows pointed out that if the $224,000 was applied to the
capitalbudget, the option is still available to Council to include the
additional 2.5 mills in the operating budget to pre-pay debenture financing.
Following further comment, it was moved by Alderman Crowe, seconded by
Alderman Jaluvka, that the Municipal Incentive Grant be applied to items #1
and #2 of the capital budget as outlined in the report, and the balance applied
to items in the capital budget related to housing development. The motion
Carried Unanimously.
RECREATION COP~4ISSION
Mr. W. Rookley of the Recreation Commission presented the proposed
budget of the Commission. It was advised that without including the cost
of the senior citizens complex~ the overall increase over the 1977 budget
was 5.2%.
Alderman Mann pointed out that many groups are paying for usage of the
City's arenas, however other sports facilities such as parks used for baseball
and soccer don't have a usage charge. The taxpayers are picking up the entire
cost for these groups. Mr. Rooklay advised that the Co~nission has discussed
this point and is in the process Of making a recommendation for usage of parks
and fields. It is not anticipated that a recommendation will be available
until May or June.
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r
Alderman Dilts advised that he had been approached by the various
committees in Chippaws regarding fundraising for the pool. They intend
to start their fundraising campaign regardless of whether the City
includes funds in the budget this year or not for the project. The
objective at present is $70,000 per year.
Following further discussion, it was moved by Alderman Schisler, seconded
by Alderman Thomson, that the submission of the Recreation Commission be
referred to the 1978 operating budget discussions. Carried Unanimously-
NIAGARA FALLS BUSINESS & INDUSTRIAL GROWTH AGENCY INC.
Mr. F. Leslie, 1st Vice-President of the Agency, presented the budget
and grant request for the year 1978. It was advised that the request reflects
a 10~% reduction from the grant received from the City in 1977.
It was moved by Alderman Mann, seconded by Alderman Thomson, that the
submission of the Niagara Falls Business & Industrial Growth Agency Inc. be
referred to the 1978 operating budget discussions. Carried Unanimously.,
The City Manager advised that the operating budget discussion had been
arranged for April 24th, 1978. It was agreed by Council that the meeting
would commence at 7:00 p.m.
It was moved by Alderman Crows, seconded by Alderman Stewart, that
the meeting adjourn. Carried Unanimously,
READ ANDADOPTED,
MAYOR
ELEVENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
April 17, 1978
Council met in Committee of the Whole on Monday, April 17, 1978 at 7:20
p.m. All members of Council were present with the exception of Alderman Crows.
Alderman Cheesman presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting. ..,','-
MAYOR
Council Chambers
April 17, 1978
Council met on Monday, April 17, 1978 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 MacBain offered the
Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that
the minutes of the meetings held on March 20th and April 3rd, 1978, be adopted
as printed. Carried Unanimously.
PRESENTATION OF RETIREMENT WATCH
His Worship, Mayor Bukator presented a retirement watch to Mr. George
.Staley who retired after thirty-two years with the City, in March of 1978.
DEPUTATION
MR. J. DEVLAMINJ - SCHOOL TRANSPORTATION
Mr. J. DeVlaminJ of 8162 Aintree Drive, was granted permission to
address Council on the motion of Alderman Thomson, seconded by Alderman
Jaluvka. Mr. DeVlaminJ advised that his youn~ daughter presently travels
to school on a City bus and rides on a courtesy bus on the way home. In
February~the School advised that she could not ride on the courtesy bus any
longer and would have to find another way home. Mr. DeVlaminJ spoke to
the Principal of Greendale School who advised that the buses are overloaded
and the Board could not afford to add another courtesy bus. He felt this
was unfair in view of the taxes paid to the School Board, for a young
child to have to walk down Montrose and Woodbine or Beaverdams, none of
which have sidewalks. During a recent storm, children who rode on buses
were allowed to leave the school at 10:00 a.m., while those children
walking were made to wait until 3:15 p.m. and then had to walk through the
storm. Mr. DeVlaminJ acknowledged that the matter of school transportation
was not under the Jurisdiction of Council, however he requested assistance
in handling the problem. He pointed out that both Montrose Road and Woodbine
Street are very busy arrests, and because there are no sidewalks or removal
of snow along the roadway, the children must walk very close to ~raffic.
Several of the School Board members advised of a pathway used by children
in the area, however when Mr. DeVlaminJ inspected the pathway, he found it
to be littered and not maintained very well. Also in the winter, the
pathway is not ploughed and the children have to walk on the road anyway.
Alderman Thomson stated Mr. DeVlaminJ would like the bus service because
of the distance to the school and problems with winter storms, and that many
other children in that built-u~ area are in the same situation. If busing
is not possible, the Alderman suggested that the City should make sure the
:i
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pathway is improved and ploughed. It was pointed out that the City does
plough sidewalks used as school routes, and that the pathway would fit into
this category.
Alderman Chessman suggested that Mr. DeVlamtnj attend a meeting of the
Board in order to make the most impressive impact on the members. With
respect to the bus service during the recent storm, the Alderman advised
that the reason for the ruling to allow students on buses to leave earlier
is that all the buses iu Niagara South are interdependent. The decision to
move the buses was not based on conditions iu Niagara Falls, but the way
they were at Port Erie which was much worse. It was also advised that the
Board is very much concerned about the total bus routes being fair and
in January, a survey was conducted to provide a thorough and full appraisal
of the requirements for the next school year.
The Director of Municipal Works advised that any decision to have the
pathway ploughed should be deferred until the matter can be further studied.
The pathway is a gravel path across private property, and ploughing would
spread the gravel all over and would tear up the sod.
Following further discussion, it was moved by Alderman Thomson, seconded
by Alderman Chessman that clarification be requested from the Niagara South
Board of Education with respect to the policy on busing to determine if some
reconslderation will be given to the Ascot Woods area, and further that the
City improve maintenance along the pathway. Carried Unanimously.
MR. M. HOWE - PROPOSED SIGN
The City Clerk advised that Mr. Howe wished to withdraw his request to
address Council.
UNFINISHED BUSINESS
MUNICIPAL INCENTIVE GRANT PROGRAM
Report No. 158 - City Manager - The report reconnends the fot'l~wing allocation
of M.I.G. program funds: 1) Watermain - Kalar Road, McLeod to Westwood 2 Sub-
division - $35,000; 2) 1975 N. I .P., Dr,nnmond South Recreation Pacilities -
$70,000; 3) Storm Sewer, Slnnicks, Vine to Coholan - $15,000; 4) Storm Sewer
Coholan, Sinnicks to West Limit M-22 $90,000; and 5) Sanitary Sewer System -
Front Street, Gravity Line to Low Lift Pumping Station - $14,000. All items
were selected from the capital budget for Council's approval.
ORDERED on the motion of Alderman Crows, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
COX~UNICATIONS
No. 36 - Ontario Secondary School Teachers' Federation - Be: Anti-Inflation
Board Ruling. The Cuuuuunication requests the support of Council in requesting
the Pederal Government to return $100,000 to the Niagara South Board of
Education so that it may be used for its original purpose, the education of
Niagara South children. "
Alderman MacBain suggested that the comments of the Niagara South Board
of Education be obtained before any support of the request is made by Council.
The City Manager indicatedE.that. the.Board would be contacted before a reply
is sent to the Federation.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson, that
Council support the request subject to the monies being returned to the Niagara!
South Board of Education to reduce general education costs, with no reference
to the money being used for its original purpose. Carried Unanimously.
No. 37 - Social Planning Council - Re: Invitation to 12thAunualMaeting. ~he
coununlcation extends an invitation to members of Council to attend the 12th
Annual Meeting and dinner of the Social Planning. Council to be held on April
25th, 1978.
ORDBRED on the motion of Alderman Mann, seconded by Alderman Thomson, that
the invitation be accepted with thanks and that as many members of Council as
~osstble attend the function. Carried Unanimously.
:No. 38 - Downto~m Board of Manngement - Re~ Antique Car Games. The
requests the permission of Council to have queen Street closed to traffic
St. Lawrence Avenue and Erie Avenue on May 20, 1978.
ORBBRED on the motion of Alderman Thomson, seconded by Alderman Chessman, ths~
the request be approved subject to all requirements of the City being met.
Carrie~ Unanimously..
3
No. 39 - R. Blake Erwin & Associates ~ Re: Urban Boundaries west of Kalar
Road both north and south of Thorold Stone Road. The communication requests
that the western boundary of the Urban Area be extended to the western limit
of Lebovic's (Cornwill Investments Ltd.) holdings, and that the northern
limit of the Urban Area be extended to the HEPC right-of-way.
Alderman Thomson stated that the extension of the boundaries has been
discussed on several occasions and several requests for extensions have been
approved by Council to the north of the HEPC lands. As Mr. Lebovic's property
fits in with this type of extension, the Alderman felt Council should request
the Ministry of Housing to extend the boundary over to the Hydro right-of-way
which would be a natural boundary. Mr. Lebovic's property is crucially affected
by the Shriner's Creek project, and if that property is not treated the same
as other properties in the area, the Alderman felt there might be a reluctance
to co-operate with the City on the project. It was moved by Alderman Thomson,
seconded by Alderman Fera, that the extension as requested by Mr. Lebovic
be referred to the Ontario Municipal Board for consideration along with other
boundary extensions discussed by Council in the past.
Alderman Schisler stated that it was his understanding the City would
carry out infilling and extend in the Chippawa area of the City before the
boundaries were to be further extended in the north part of the City. The
Alderman felt that each request of this nature goes a few hundred feet further,
and soon the boundaries will be up to the next road.
Alderman Sobol pointed out that the City Clerk had recommended the
request be referred to staff for review and a subsequent report, and felt
it would be unwise for Council to refer the request to the O.M.B. without
further consideration. Alderman Crows agreed and pointed out that with any
request of this nature being referred to the O.M.B., the City should have
its position made known.
It Was then moved by Alderman Sobol, seconded by Alderman Crows, that
the matter be tabled pending the preparation of a report from staff. The
motion to table, which took precedence, was Carried Unanimously.
REPORTS
No. 159 - Planning & Development Committee - Re: AM-4/78, Nedgewood Builders
of Niagara Ltd., East Side of Drummond Road, South of C.N.R. The report
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 PlanntBg 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 Unanimously.
See Resolution No. 25
See By-law No. 78-61
*'No. 160 - City Clerk - Re: Restricted Area By-Iaw No. 77-175, Proposed Change
in Zoning, East Side of Willoughby Drlve. The report advises that objections
have bee~ received to the subject by-law, and that the Ontarlo Municipal Board
has appointed May 18, 1978 at 11:00 a.m. in the City Hall Council Chambers for
the hearing of all parties interested in supporting or opposing the application.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the
"' report be received and filed. Carried Unanimously.
No. 161 - City Manager - Re: Revisions to Niagara Region Policy Plan. The
report recommends that the comments approved by the Planning & Development
Committee be sent to the Regional Planning & Development Committee as the
City's response to the February 10, 1978, circulation of proposed changes to
the Niagara Regional Policy Plan.
Alderman Cheesman referred to the comments on page 1 of the, staff report
relating to section 4 and section 5 relating to flexibility in the plan, and
advised that he was not that disturbed by the change the Region had made.
The Senior Planner advised that this particular section referred to expansion
in the non-urban areas as it refers first to rural and then good agricultural
and unique lands. Rural areas as defined now include only a small section of
Niagara Falls to the west of Chippawa. This would mean that expansions such
as had been requested earlier in the meeting would be difficult were the plan
in place. 'Once the plan is in place, it would be vary difficult to have a
minor amendment to the northwest area of the City. The concern of staff is
that this would limit the City to growth in one area only. The proposed
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amendment would not allow for a Justified and documented planning argument.
ORDERED on the motion of Alderman Fera, seconded by Alderman Sobol, that the
report be received and adopted. Carried Unanimously.
No. 162 - Recreation Commission - Re: Addition to Policy - Carnivals,
Exhibitions and Tournaments on City Owned Parks. The report recommends
the following additions to the present policy: Class "A" Tournament -
30 - 60 teams - $250 plus additional costs; 60 - 80 teams - $375 plus
additional costs; and over 80 teams - $500 plus additional costs.
In response to a question raised by Alderman Cheesman, the Director of
Recreation advised that the provision for additional costs would cover costs
the City incurred over and above the amount of the deposit-
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fare, that
the report be received and adopted. Carried Unanimously.
No. 163 - Recreation Commission - Re: 1978 Park and School Ground Reservations~
The report recommends approval of the reservations for City parks as contained
in the schedule, and that official permits be issued.
ORDERED on the motion of Alderman Sobol, seconded by AldermanFera, that the
report be received and adopted. Carried Unanimously.
No. 164 - Recreation Commission - Re: Arbour Day at Meadowvale Park. The
report recommends that Council officially approve the tree planting ceremony
to be held on April 29, 1978 at Meadowvale Park, and requests that the Mayor
'or his representative be present to officially announce the day as Arbour Day
at Meadowvale Park.
ORDERED on the motion of AldermanMann, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
No. 165 - Recreation Commission - Re: Area Recreation Board Appointments.
The report recommends the appointment of various persons to the three Area
Recreation Boards.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Schisler, that
the following appointments be made:
Niagara Central Recreation Board - One Year - Mr. E. Bert, Mr~.W. Hague,
Mr. F. Vasil and Alderman Orr. Two Years - Mr.
Mrs. M. West, Mr. S. Cormors, and Mrs. B. Hyde.
Niagara Northwest Recreation Board - One Year - Mr. M. Aceti, Mr. J. Fyfe,
Mr. G. Michowicz,.Mr. N. Weaver and Alderman Jaluvka. Two Years - Mr. J. Warl~
Mrs. M. Rose, Mrs. P. DaMeel and Mr. B. Campbell.
Niagara South Recreation Board - One Year - Mrs. E. Allen, Mrs. E. Marshall,
Mrs. L. Dhaliwal, Mr. P. Gabrts, Mrs. B. Maxfield end Alderman Dilts.
Two Years - Mr. K. Angle, Mr. T. grant, Mr. R. Bowler, Mr. R. Wallace and
Mr. B. Callsinc. Carried Unanimously.
No. 166 - Recreation Conmission - Re: Annual Report. The report provides
information on the activities of the Conmission for the year 1977.
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ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart,
that the report be received and adopted. Carried Unanimously.
NOTE:
Alderman Dilts abstained from voting
on a conflict of interest.
See Resolution No. 27
No. 170 - City Manager - Re: Purchase of New Equipment. The report recommends
acceptance of six tenders for the supply of various pieces of equipment
required by the Equipment section and Water Department section.
ORDERED on the motion of Alderman Thomson, seconded by Alderman MacBain, that
the report be received and adopted. Carried Unanimously.
See Resolution No, 28
NOTE: Alderman Dilts abstained from voting
on a conflict of interest.
~iA 1.l] - C~F]~P.r- w~. T~D~q for Rental of General Purpose Equipment.
The report recommends that the schedules of tenders be used starting with the
economically lowest rate for equipment available and suitable, when required
for City operations,
ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
No. 172 - City Manager - Re: Group Pre-Paid Dental Benefits. The report
recommends passage of a by-law to authorize agreements with Delta Dental covering
dental benefits for the Niagara Falls Professional Fire Fighters and all other
employees of the City.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
NOTE: Alderman Mann-abstained from voting
on a conflict of interest.
No. 173 - City Manager ~ Re: Joint Annual Conference of P.C.A.0. and A.P.C.A.
The report recommends the attendance of two members of the Municipal Works
Department at the subject conference to be held in Toronto fromApril 30th to
May 3rd, 1978.
ORDERED on the motion of Alderman Chessman, 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. 174 - City Manager - Re: Ontario Association of Fire Chiefs. The report
recommends the attendance of the Fire Chief and three Area Chiefs at the
annual conference of the Association to be held in Ottawa from May 14th to 17th,
1978.
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
No. 175 - City ManeRat - Re: Updating of City's Tender Documents. The report
In response to a question raised by Alderman Chessman, the Director of
Recreation advised that at the present time, facilities of the schools are
available to the Recreation Conmission, however there is no written reciprocal
policy with the Board for municipal recreation facilities.
ORDERED on the motion of Alderman Mann, seconded by Alderman Chessman, that
recon~ends certain changes in the City's tender documents effective from 1978
· contracts.
Alderman Chessman asked if this report would deal with tendeters who
decide to withdraw their tender after the process has begun leaving the City
with problems. T~e Director of Municipal Works advised that this problem had
thereport be received and filed. Carried Unanimously. come up in a tender dealing with equipment rental, and that type of tender
; d'i~i':: ,. did' not to date, require a performance bond. The report deals with contract
J~j~~L~~ No. 167 - City Manager - Re: Annual Report of the Fire Department. The report .'. specifications that have taken care of that problem~ and if a tendeter withdraws
.-_ ~ {;,~ provides information on the activities of the Fire Department for the year X his deposit can be forfeited.
~ iil report be received and filed. Carried Unanimously. ,' local contractors. The Director of Municipal Works advised that contract
"' review meetings had been held on the last eight contracts, and the amendments
' *~/'ij'~i No. 168 - City Manager - Re% Protective Clothing Tender. The report recommends were discussed with the contractors at that time. In response to a further
'i that the tender submitted by Audibert Man'8 Fashions for coverails be accepted, question of the Alderman, the Director of Municipal Works advised that the
the tender submitted by J,P. Hammill & Son for the combination shirt and pant contractors have not had an opportunity to indicate whether or not they are
~,,. . be accepted. in agreement with the changes. Alderman Thomson pointed out that while he
L{~ :ORDERED on the motion of Alderman Oft, seconded by Alderman Schisler, that the was in fayour of the municipality having control necessary, he did feel that
~' 'i' report be received and adopted. Carried Unanimously. for the purpose of good public relations, the City should determine if the
,/' ~ See Resolution No~ contractors are agreeable to the chan~es rather than simply implementiu~
~ "i' themwithout discussion.
~'~ No. 169 - City Manager - Re~ Fire Department Vehicle Tender. The report
of one 1978 four door sedan for the Fire Department, be accepted. by Aideman Cheesman, that-the report be received and adopted. The motion
-6-
Carried with the following vote:
AYE: Aldermen Chessman, Crows, Dilts, Jaluvka, MacBain, Mann, Orr, Schisler,
Sobol, Stewart and Thomson.
NAYE: Aldermen Fera and Thomson-
No. 176 - City Manager - Re: Deed of Correction to Brian Doherty. The report
recommends that the City execute a deed of correction to Brian Doherty of
that part of the former railway right-of-way at the rear of Lot 154, K.P. 12
in the former Village of Chippaws.
Alderman Crows suggested that this be done at the expense of the
requesting party.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler,
that the report be received and adopted. Carried Unanimously.
See By-law No. 78-6!
No. 177 - City Manager - Re: Exemption of Certain Lots in Plan M-59 from Part
Lot Control. The report recommends passage of a by-law exempting Lots 2 to 27
inclusive from Plan M-59 (Bambi Estates Subdivision) from part lot control, and
that any costs arising from the registration of the by-law following its
approval by the Regional Municipality of Niagara be assumed by the applicants.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the
report be received and adopted- Carried Unanimously.
See By-law No. 78-6~
NOTE: Alderman Crows was absent when the vote
was taken on this matter.
No. 178 - His Worship, Mayor Bukator - Re: Port Robinson Bridge. The report
reeowanends that Council lend its support to the City of Thorold in its efforts
to have the b~idge at Port Robinson re-built, and further that a copy of this
support be forwarded to the Minister of Transportation & Communications for
Ontario and the Federal Minister of Transport.
ORDERRD on the motion of Alderman Schisler, seconded by Alderman Orr, that
the report be received and adopted. The motion Carried with'R~derman MacBain
voting contrary, and all others in fayour.
NOTE: Alderman Crows was absent when the vote was taken
on this matter.
No. 179 - His Worship, Mayor Bukator - Re: RegionalApproval of Capital
Budget. The report advises of various regional capital projects in the City
that have been approved for 1978.
ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the
report be received and filed. Carried Unanimously.
No. 180 - City Manager - Re: Sylvia Place Parking. The City Clerk requested
that the report be deleted.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be deleted. Carried Unanimously.
No. 181 - City Manager - Re: Sprinkler System for Police Park. The report
recommends that the City Manager be authorized to have Rain Tech Irrigation
Services provide the sprinkler system at the police park at a cost of
$2,864.00.
In response to questions raised by Aldermen Crows and Schisler, the
City Manager advised that the City maintains the grounds at the Police Park,
and iu the previous year, problems were experienced in attempting to keep
the shrubs and plants in a manner suitable for a public park. An underground
system was installed in 1977 on the City Hall grounds and the lawns and shrubs
improved considerably. The system can be automatically set to water at any
specific time and subsequently lowers labour costs. In response to further
questions regarding cost savings from the system, the City Manager indicated
.that the system could pay for itself in seven to ten years, but that a
further report would be submitted with more specific information.
.ORDERED on the motion of Alderman Thomson, seconded by Alderman Crowe, that
the report be tabled pending additional information. The motion CarrieR with
Alderman Chessman voting contrary, and all others voting in fayour.
No. 182 - City Manager - Rex Power Supply at Niagara Falls Arena, The report
reevmmends that the contract for alterations to the electrical service at
the Niagara Palls Arena be awarded to Pointview Electric Ltd. at a cost of
$8,995.
-7-
In response to a question raised by Alderman Schisler, the Director of
Municipal Works advised that the work was not tendered out. Prices were
requested from six electrical contractors and one price was received. The
price was checked with Niagara Falls Hydro and was considered reasonable by
the Chief Engineer.
Alderman ~nn felt the report was incomplete as it did not contain
information on any other prices submitted, or why no other contractors bid
on the work. Alderman ~cBain asked if any attempt was made to determine
why other contractors did not bid on the work. The City Manager indicated
that he was not aware of any inquiries being made, but explained that the
work had to be carried out at a specific time as the entire arena would have
to be shut down. This time was chosen as there were very few scheduled events
that would be affected by the shutdown. It was suggested that perhaps the
other contractors could not perform the work during that time period.
Alderman Jaluvka asked why the work was not put out to tender. The
Director of Municipal Works advised that with a project of this size, a
consultant would have to be hired to prepare specifications, as there are
no electrical engineering experts employed by the City. A general
specification was prepared and quotations requested on that basis. The
proposal was studied by the Chief Engineer of the Niagara Falls Hydro.
The Director of Municipal Works also pointed out that Pointview Electric
was the only firm submitting a quotation on the work, and if the work were
to be re-advertised and a price was submitted lower than that submitted by
Pointview, it could be considered unfair if the lower price were accepted.
Alderman Cheesman commented that six contractors were asked in a proper
way to submit a price and only one firm chose to do so. If Council were to
turn around and disregard that price and attempt to obtain additional quotations,
this would be breakin one of the fundamental rules of the system. Alderman
Crows felt it would be advisable to have a reDoft from staff as to when it
is deemed appropriate to call for formal tenders or request quotations, and
that Council should not go back on what has been done on this project.
Following further comment, it was moved by Alderman ~cBain, seconded
by Alderman Thomson, that the report be deferred for two weeks and information
obtained on why five of the six contractors invited to bid, did not submit
quotations. The motion was Defeated with the following vote:
AYE: Aldermen Fera, Jaluvka, MacBain, Mann, Orr, and Thomson.
NAYE: Aldermen Chessman, Crowe, Dilts, Schisler, Sobol, Stewart and Mayor
Bukator.
It was then moved by Alderman Chessman, seconded by Alderman Jaluvka,
that the report be received and adopted, and a further report be submitted
outlining the policy on tendering and invitation bids. The motion Carried
with the following vote:
AYE: Aldermen Chessman, Crows, Dilta, Jaluvka, Schisler, Sobol and Mayor
Bukator.
NAYE: Aldermen Fore, MacBain, Mann, Orr, Stewart and Thomson.
See Resolution No. 29
No. 183 -L~ity Manager - Re: Senior Citizen Housing Units - Portage Green
Subdivision. The report recommends passage of a resolution officially
requesting O.H.C. to provide 120 units of rental housing accommodation on a
geared-to-income basis with the Municipality agreeing to contribute 7~% of any
annual losses arising out of the operation of the units.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fore, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 3p
No. 184 - City Manager - Re: Neighbourhood Improvement Program (N.I.P.) Drummond
South, By-law No. 77-240. ,The report recommends that Council terminate the
further processing of By-law 77-240 as funds have been provided under the M.I.G.
Program.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
No. 185 - City Manager - Re: Building Permits. The report provides a breakdown
of the building permits issued for the month of March, 1978 as compared to 1977.
Alderman Crows suggested that the report include figures from 1976 so
that Counci~ could observe a three year comparison.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Crows, that
the report be received and filed. Carried Unanimously.
-8-
No. 186 - 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.
RESOLUTIONS
No. 25 - MANN - 0RR - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 78-61 for the rezoning
of property situated on the east side of Dr-mmond Road ~mmediately south and
adjacent to the Canadian National Railway, 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 Unanimoush~
No. 26 - OPa - SCHISLER - RESOLVED that the prices submitted by Audibert Men's
Fashions for the supply of coverails at $12.97 per pair be accepted, and that
the price submitted by J.P- Hammill & Son for the supply of combination shirt
and pant at a total price of $13.98 per set, be accepted; AND the Seal of the
Corporation be hereto affixed. Carried Unanimously
No. 27 - THOMSON - STEWART - RESOLVED that the tendered price submitted by
Jim Blair Motors for the supply of one 1978 four door sedan for the Niagara
Falls Fire Department, be accepted at the quoted price of $5,236.70; AND the
-Seal of the Corporation be hereto affixed.
No. 28 - THOMSON - MACBAIN - RESOLVED that the following quotations for the
supply of various pieces of equipment required by the Equipment section and
the Water Department section, be accepted: 1) Four (4) Pick-Up Trucks,
Autoland Chrysler - $19,539.52; 2) Three (3) Panel Vans, Metervilla Car Sales
$17,281.68; 3) Two (2) Compact Cars, Peninsula Motors $8,257.60; 4) One (1)
Air Compressor, Re-Quip Limited $10,138.39; 5) One (1) Brush Chipper, S.M.I.
Industries $11,325.60; and 6) One (1) Concrete & Asphalt Saw, Wains Equipment
Limited $6,191.64; AND the Seal of the Corporation be hereto affixed.
Carried with Aldem
Dilts abstaining e~
conflict of interes!
/'* and all others vot~
in fayour.
Carried with Aldem
Dilts abstaining on
conflict of interest
and all others vot~
in favour.
No. 29 - CHEESMAN - JALUVKA - RESOLVED that the quotation submitted by pointwit
Electric Limited for alterations to the electrical service to the Niagara Falls
Arena, be accepted at the quoted price of $8,995.00; AND the Seal of the Corp0!
tion be hereto affixed. Carried with the following vote:
AYE: Aldermen Chessman, Crows, Dilts, Jaluvka, 8chisler, Sobel and Mayor
Bukator.
NAYE: Aldermen Fera, MacBain, Mann, err, Stewart and Thomson.
No. 30 - THOMSON - FERA - RESOLVED that the Ministry of Rousing, through Ontarl~
Rousing Corporation, provide one hundred and twenty (120) unite of rental houg
acconlnodation on a geared-to-income basis, for senior citizens in the City of
Niagara Falls; and the Corporation of the City of Niagara Falls hereby undert~
and agrees to contribute 7~ of any annual losses arising out of the operation
of the said senior citizen housing; AND the See1 of the Corporation be heret0
affixed.
Carried Unanimous~
BY-LAWS
ORDERED on the motion of Alderman Cheesman, seconded by Alderman 8tawart, that
leave be 8ranted to introduce the following by-laws, and the by-laws be read a
first time~
No. 78-61 - A By-law to amend By-law No. 2530, 1960 of the former Township d
Stamford, now in the City of Niagara Falls, as amended, (AM-~/78,
Wedgewood Builders)
No, 78-62 -..A By-law to authorize the execution of agreements with Delta Dental
Plan.
-9-
No. 78-63 - A By-law to authorize a deed of correction to Brian Doherty.
No. 78-64 - A By-law to designate certain land not to be subject to part lot
control. (Plan M-59)
No. 78-65 - DELETED
No. 78-66 - A By-law to designate the Weaver Homestead at 6590 Dunn Street of
architectural value and of historic interest.
No. 78-67 - A By-law to designate the Canadian Imperial Bank of Commerce at
4190 Bridge Street of architectural value and of historic interest.
No. 78-68 - A By-law to designate the Church Residence at 3000 Portage Road of
architectural value and of historic interest.
No. 78-69 - A By-law to designate the Pohran Residence at 4891 Portage Road of
architectural value and of historic interest.
No. 78-70 - A By-law to designate the Oswald Residence at 2922 St. Paul Avenue of
architectural value and of historic interest.
No. 78-71 - A By-law to authorize an agreement with Niagara South Recreation
Association,
No. 78-72 - A By-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Summer Street)
No. 78-73 - A By-law to amend By-law No. 3790, being a by-law for the r~gulatfon
of traffic. (Secord Place)
No. 78-74 - A By-law to amend By-law No. 77-58 respecting the Board of Management
for the Main and Ferry Business Improvement Area.
No. 78-75 - A By-law to provide monies for general purposes.
Carried with Alderman
Crowe abstaining on a
conflict of interest,
and all others voting
in fayour.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobel, that the
following by-laws be now read a second and third time:
No. 78-61 - 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-4/78,
Wedgewood Builders)
· No. 78-62 - A By-law to authorize the executio_B of agreements with Delta Dental
.Plan.
No. 78-63 - A By-law to authoriz~ a deed of correction to Brian Doherty.
No. 78-64 - A By-law to designate certain land not to be subject to part lot
control. (Plan M-59)
No. 78-65 - DELETED
No. 78-66 - A By-law to designate the Weaver Homestead at 6590 Dunn Street of
architectural value and of historic interest.
No. 78-67 - A By-law to designate the Canadian Imperial Bank of Commerce at
4190 Bridge Street of architectural value and of historic interest.
No. 78-68 - A By-law to designate the Church Residence at 3000 Portage Road of
architectural value and of historic interest.
No. 78-69 - A By-law to designate the Pohran Residence at 4891 Portage Road of
architectural value and of historic interest.
No. 78-70 ~ A By-law to designate the Oswald Residence at 2922 St. Paul Avenue
of architectural value and of historic interest.
No. 78-71 - A By-law to authorize an agreement with Niagara South Recreation
Association.
..... lO
- 10 -
No. 78-72 - A By-law to amend By-law No. 3790, being a By-law for the regulation
of traffic. <S,,mmer Street)
No. 78-73 - A By-law to amend By-law No. 3790, being a By-law for the regulatia
of traffic. (Secord Place)
No. 78-74 - A By-law to amend By-law No. 77-58 respecting the Board of Managemni~
for the Main and Ferry Business Improvement Area.
NEW BUSINESS
No. 78-75 - A By-law to provide monies for general purposes.
Carried with Alde~
Crows abstaining
conflict of interest
and all others vo
in fayour.
USE OF NIAGARA FALLS ARENA FOR CONVENTION
AldermanMann advised that he had been contacted by a member of the Niagara
Falls Lions Club concerning their 1979 convention, involving over ten thousand
delegates from Ontario, Quebec and Newfoundland. A letter had been sent to
the City inquiring about the possible use of the Niagara Falls Arena for
convention headquarters, and the price quoted was over $5,000. The Alderman
stated that the fee might be reasonable, but felt that the Arena would see
very few weeks when it would bring in $5,000 in rental fees. It was pointed
out that the convention would bring many people to the City before the
tourist season commences and would bring in needed revenue to the tourist
operators in the City. The Alderman further pointed out that the City has
on occasion provided a more reasonable rental rate for groups using the
Arena, and suggested that a report be brought in on the matter. Alderman Mann
stated that the City could possibly have this convention in Niagara Palls eve~
five years. Alderman Dilts suggested that the report show a breakdown of the
rental fee. It was moved by Alderman Mann, seconded by Alderemm Schisler, that
a report be prepared on the rental of the Niagara Falls Arena for use by the
Lions Club in their 1978 convention, Carried Unanimously.
CONDITION OF BOULEVARDS
Alderman Thomson advised that in recent years, there had been a change
in the procedure of using sand with salt in winter maintenance of roadways,
and the City was now using a fairly large atone chip for this procedure. When
snow is piled on the boulevard by snowploughs, these chips accumulate during
the winter. In the spring, the chips cover the boulevard and are almost
impossible to remove by residents. It was moved by Alderman Thomson, seconded
by Alderman Cheesman, that a report be prepared outlining the reason for the
change and whether the cost savings, if any, is worth the inconvenience caused.
Carried Unanimously.
AVAILABILITY OF REPORTS
Alderman 8obol asked why the public must pay to obtain copies of reports
that are to be considered by Council. The City Clerk advised that this has
been the policy of the City for almost two years. If additional copies are
available following a Council meeting, these are given out free of charge,
however if a copy has to be made, a minimal fee is charged. Prior to
implementation of the policy, there was a great deal of abuse of this privilege
SPECIAL MEETING
His Worship, Mayor Bukator indicated that he had temporarily deferred the
special meeting he had suggested to discuss personnel matters, and that the
meeting would be re-scheduled prior to the next meeting.
It was moved by by Alderman Chessman, that the
meeting adjourn.
TWELFTH MEETING
Committee Rooms #2 & 3
April 24, 1978
SPECIAL MEETING
Council met on Monday, April 24, 1978 at 7:00 p.m. for the purpose of
considering the 1978 Operating Budget. All members of Council were present.
1978 DRAFT OPERATING BUDGET
Report No. 187 - City Manager - The report provides information on the budget
estimates for 1978.
The City Manager reviewed the contents of the covering report with
members of Council. Additional information was provided in response to a
number of questions raised by several members of Council.
Alderman Thomson asked why the budget was considered this late in the
year, by which time a fair amount of funds are committed to various projects,
and the groups requesting grants must operate on the assumption they will
receive certain amounts. The City Manager advised that staff had received
legal opinions that the City could not pass its budget to set the new tax
rates until the revised assessment roll had been prepared following the
assessment review court. If the City were to estimate revenues and set
expenditures using the latest received assessment roll, hoping that the
Regional and Educational levies would not increase greatly, the budget could
be set at the end of February on the basis of projections. Later in the
year when the courts are finalized, the final figures can be used to set a
final tax rate. The Deputy Treasurer advised that the City must have a
reasonable amount of time to establish a surplus or deficit according to law.
TAXABLE ASSESSMENTS AND MILL RATES (Pages 6 & 7)
In response to a question raised by Alderman Orr, the City Manager
advised that it was not possible at this time to give a breakdown of the
industrial, commercial and tourist commercial assessments. The information
is being compiled and will be provided to members of Council when available.
TAN SUPPORTED SERVICES - REVENUE (Pages 8 - 10)
The City Manager advised that Local Improvements are up this year both
in revenue and expenditures. In response to a question raised by Alderman
Schisler, the City Treasurer advised that utility transmissions are assessed
under the industrial assessment.
His Worship, Mayor Bukator explained the difference between the grants
in lieu of taxes for the Whirlpool and Rainbow bridges. Alderman MacBain
.requested the Mayor to meet with the Mayor of Niagara Palls, New York to
determine i~ there is any possibility of reviewing the grants paid on the
bridges.,
Information was also provided by the City Manager regarding the taxes
paid by the Niagara Parks Commission on their buildings and property.
In response to a question raised by Alderman MacBain, the Projects and
Services Engineer advised that cemetery rates in the area have increased, but
the Ctty's rates had not increased for four or five years. The rates are out
of line, and staff is reviewing the matter in an effort to improve the revenue
from the cemetery operation..
With respect to engineering fee revenue, the Director of Municipal Works
advised that costs have doubled in the amount of work processed by the
Municipal Works Department in the last seven or eight years, however the
number of staff has not changed during that same period. The Department is
getting behind in work for contracts, backyard drainage problems, etc., and
there is Just not the staff to carry out the work. It is being proposed
that an Assistant Project Supervisor be hired to improve the productivity
of the survey crew, which will now become involved in backyard drainage
problems. It has been necessary recently to have consultants take on more
of the work,lately to catch up with the projects that cannot be handled
through existing staffs in addition to the overtime put in by staff.
-2-
TAX SUPPORTED SERVICES - EXPENDITURES (Pages 12 - 44)
Page 12
Alderman Crows suggested that the City petition the Provincial Govern-
ment to reduce the size of the Council, possibly through the restructuring
of the ward system. Alderman Thomson felt that such tremendous ramifications
were involved in the matter, that it should not be discussed during the budget
meeting. The Alderman suggested that the information on file relating to a
previous attempt to amend the ward system in the City, be provided to the
members of Council so that a full debate could be held. It was moved by
Alderman Crowe, seconded by Alderman Orr, that staff provide Council with
the information available on an earlier attempt to change the ward system
in the City, and that discussion be held on the possible restructuring of
the City's ward system. The motion Carried with the following vote:
AYE: Aldermen Cheesman, Crowe, Dilts, Fera, Jaluvka, MacBain, Orr, Sobol,
Stewart and Thomson.
NAYE: Aldermen Mann and Schisler-
It was moved by Alderman Mann, seconded by Alderman Jaluvka, that item
#10001 for conferences and car allowance be reduced from $7500 to $6500. The
motion Carried with Alderman Cheesman voting contrary, and all others voting
in favour.
~a~e 13
Discussion took place on the merits of attendance at conferences, during
which several members of Council expressed their views both in favour and
against the matter. It was moved by Alderman Sobol, seconded by Alderman Mann,
that item #10107 be reduced from $10,000 to $9,000. The motlon Carried with
the following vote:
AYE: Aldermen Crows, Dilts, Fera, Jaluvka, MacBain, Mann, Orr, Schisler and
Sobol.
NAYE: Aldermen Cheesman, Stewart and Thomson.
In response to a question raised by Alderman Schisler, the City Manager
advised that over $100,000 was required for utilities, security, and Janitorial
work. Also included under building maintenance are amounts for cleaning
supplies, the second year of payment for the emergency generator, two new
hamtdtfiers and the enclosure and trophy case around the switchboard/reception
area. The sprinkler system for the police park is included as well, however
a report on that matter will be submitted to Council in the near future.
If the budget amount is reduced, maintenance of the building and grounds would
have to be reduced and painting of various offices would ha~e to be deferred.
It was moved by Alderman Orr, seconded by Alderman Dilts, that item #10200
for building maintenance be reduced from $176,600 to $173,600. The motion
Carried unanimously..
Page 14
Alderman Schisler asked if item #10879 for new lights could be reduced
to $10,000. The Projects & Services Engineer advised that the item could be
reduced and that requests for new lighting would have to be refused. Alderm~
Thomson asked if the lights requested by the Centre Business marchants were
included in the budget. The Projects & Services Engineer advised that certa~
improvements were carried out, however due to the suggested reduction, not
all requests could be granted,
It was moved by Alderman Schisler, seconded by Alderman Orr, that item
#10879 for new lights be reduced from $14,700 to $10,000. The motion Carrie_~d
unanimously.
Pa~e 15
The City Manager advised that the Fire Department budget included funds
for the second paJ~nent of the Tele-Squrt, one car approved hy Council earlier,
and.the hiring of two additional employees for the Dorchester Road station in
December. It was moved by Alderman Fera, seconded by Alderman Stewart, that
Page 15 be approved. The motion Carried unanimously.
Pa2e 16
A number of questions were raised with respect to the Humane Society
operation. Alderman Stewart, the City Clerk and Deputy Treasurer provided.
3
information in response to a number of the questions raised. It was also
advised that the budget for the Society was not ready yet, however an audit
has been carried out and there will be verification provided. It was moved
by Alderman Dilts, seconded by Alderman Orr, that Page 16 be approved, and
further that a report be provided on the Humane Society operation. The
motion Carried unanimously.
Pages 17 - 27
Various members of staff provided information with respect to winter
maintenance, road surfacing, landscaping, culvert replacement and railway
crossing maintenance. The City Manager advised that the Board of Education
will not assume responsibility for school crossing guards, and as it is
considered necessary for the safety of children, the City provides this
service.
In response to a question raised by Alderman Chessman, the City Manager
advised that item #11332 for Works Inspection involved $12,00 for TV sewer
inspection, $8,00 for smoke tests on sanitary sewers and $5,200 for regular
lab supplies. The $20,000 for the first two items were authorized by
Council as part of the flooding report. Alderman Chessman suggested that
rather than spend the entire amount on the Rolling Acres/Casey Subdivisions,
the item should be reduced by $4,000 and the balance used throughout the
City.
The City Manager advised that Page 24 included the salaries for the
Assistant Project Supervisor and the co-op student. Alderman Mann asked if
it was necessary for the Assistant Project Supervisor to be hired in 1978.
The Director of Municipal Works advised that if Council accepted the faot
the level of service will be reduced because of the existing backlog of work
that must be processed, there would be no problem in not hiring the additional
employee.
It was moved by Alderman Chessman, seconded by Alderman Mann, that item
#11332 be reduced from $25,200 to $21,200, and that the balance of the funds
for sewer inspection be used throughout the entire City. The motion Carried
unanimously-
It was moved by Alderman Mann, seconded by Alderman Orr, that the
Assistant Project Supervisor be not hired during 1978. The mation Carried
with Alderman Chessman voting contrary, and all others voting in fayour.
It was then moved by Alderman Crows, seconded by Alderman Schisler, that
pages 17 to 27, as amended~ be approved. The motion Carried with Alderman
Chessman voting contrary, and all others voting in fayour.
Page 28
The Maintenance h Operations Engineer and the Sanitation Superintendent
.-provided information with respect to garbage collection at Niagara Square in
response to B question raised by Alderman Sobol.
It ~as moved by Alderman Fera, seconded by Alderman Mann, that Page 28
be approved. The motion Carried unanimously.
It was moved by Alderman Schisler, seconded by Alderman Dilts, that the
meeting continue past the 11:00 adjournment as provided in the Procedural
By-law. Carried Unanimously.
Page 29
Various members of staff provided information with respect to wages,
private sewer cleaning and subsidies.
It was moved by Alderman Thomson, seconded by Alderman Cheesman~ that
Page 29 he approved. The motion Carried unanimously.
pa~e 30
Alderman MacBain requested that the City Solicitor provide a legal
opinion as to the right of the City to reject the educational or regional
levies ...... 4
-4-
It was moved by Alderman Thomson, seconded by Alderman MacBain, that
Page 30 be approved. The motion Carried with Aldermen Cheesman, Fera,
Jaluvkaand Sobel abstaining on conflicts of interest, and all others voting
in favour.
Page 3~
Aldeman Sobel noted the increase in the grants over 1977, and suggested
that the grants be reduced to $175,000 and the reduction spread across the
board to all groups involved. The Director of Recreation advised that if
this were done, he would suggest to the Commission that they reduce all
grants by 10%. Alderman Schisler pointed out that even with the increase,
few, if any, of the groups involved were receiving the amounts requested.
If the grants were cut to $175,000, several groups could possibly go without
funding. Alderman Cheesman suggested that rather than reducing the grant
section, that the entire budget of the Recreation Conmission be reduced by
a certain percentage, and allow the Con~nission to determine the areas in
which reductions are to be made. In response to a question raised by
Alderman Dilts, the Director of Recreation advised that none of the grants
provided by the Commission are duplicated by the United Way.
It was moved by Alderman Sobel, seconded by Alderman Jaluvka, that the
Recreation Commission budget be reduced from $351,800 to $334,200. The
motion Carried unanimously.
Alderman Dilts suggested that the $16,300 included in the budget for
lighting at C.W. Paimer Park be deleted. Alderman Thomson pointed out that
the $16,300 represented only one third of the cost, and that the Y.M.C.A.
had raised one third and Wintario would be providing the other third of the
cost. The Director of Recreation indicated that approximately fifteen
hundred adults used the facilities at the park. The park is not owned by
the City, and use of the facilities saves maintenance costs involved in the
use of City owned parks.
It was moved by Alderman Dilts, seconded by Alderman Order-that item
#12022 for lighting at C.W. Palmet Park be deleted. The motion Carried with
the following vote:
AYE: Aldermen Dilta, Fera, Jaluvka, MacBain, Mann, Orr, Schisler, Sobel and
Stewart.
NAYE: Aldermen Chessman, Crows and Thomson.
Page. 32
The Projects & Services Engineer provided information with respect to
tree trimming in response to a number of questions raised by Alderman Macgain.
Alderman Sobel asked why item #12113 for flowers and shrubs had increased
from $$2192 in 1977 to $4300 in 1978, and if any amount of that could be
reduced. The Projects & Services Engineer advised that the strike in 1977
took place when the planting should have been carried out, and much of the
planting did not take place. Compared to other cities, Niagara Falls spends
very little on flowers, the main reason being because of the work of the
Niagara Parks Commission throughout the City. Alderman Schisler suggested
that item #12114 for mowing of grass could be reduced as well. Alderman
Chessman suggested that rather than deduct amounts from certain items, the
parks-and athletic fields maintenance budget could be reduced by a specific
amount, and the reduction spread over that budget.
It was moved by Alderman Sobel, seconded by Alderman Dilts, that the
Parks & Athletic Fields Maintenance and Operation Budget be reduced from
$409,800 to $400,000. The motion Carried unanimously.
Pa~e 33
The City Manager, Projects & Services Engineer and Director of Recreation
provided information in response to a cambet of questions raised relating to
park improvements.
It was moved by Alderman Orr, seconded by Alderman MacBain, that the
Parks & Athletic Fields Improvement Budget be reduced from $152,500 to
$140,000. The motion CarTied with Aideman Chessman votln~ contrary, and
all others voting in favour.
-5-
Pa~e 34
The Projects & Services Engineer advised that the budget for maintenance
and operation of City swimming pools did not contain any provision for pools
remaining open past Labour Day.
It was moved by Alderman Thomson, seconded by Alderman Dilts, that the
Swimming Pool Maintenance and Operation Budget be approved. The motion Carried
with Alderman Schisler voting contrary, and all others voting in favour.
Alderman Dilts referred to item #12240 in the amount of $125,000 which
represents a portion of the City's share of the Niagara South indoor pool,
and the importance of providing swimming facilities in the Chippaws area.
The Niagara South Recreation Association has conmenced its campaign to raise
funds over a three year period for the Asseciation's share of the construction
costs. The Aldermen felt that it was not necessary to include an amount of
$125,000 in the operating budget for 1978, as it will take a number of years
for the Association to raise their share of the costs. The Director of
Recreation suggested that it would be advisable for some funds to be included
in the budget to show the City's faith and encouragement in the Association
for their fund raising efforts. Alderman Thomson suggested that the City
should match the Association dollar for dollar, and since the Association
hoped to raise approximately $70,000 per year, an amount of $75,000 could be
included in the 1978 budget.
The Director of Municipal Works advised that it was originally proposed
to include $125,000 in the 1978, 1979 and 1980 operating budgets for the
construction of the facility, and carry on with that amount in subsequent
budgets for maintenance costs. Alderman Cheesman pointed out that the
original construction costs of such a facility are minimal compared to [he
on-going maintenance costs, and suggested that such cost-sharing projects
be carefully reviewed in the fugure. Alderman Crows suggested that this
is one area that the Recreation Commission will have to look at closely in
the user fee question.
It was moved by Alderman Dllts, seconded by Alderman Mann, that item
#12240 be reduced from $125,000 to $75,000. The motion Carried unanimously.
Pages 35, 36 and 37
The Projects & Services Engineer provided information on maintenance
costs for the City's arenas in response to a number of questions raised. It
was moved by Alderman Crows, seconded by Alderman Dilts, that Pages 35, 36
and 37 for maintenance and operation of City arenas, be approved. The motion
Carried unanimously.
Pa~e 38
In response to a question raised by Alderman Thomson, the Projects and
.Services Engineer provided information with respect to maintenance of the
Lions Club Rink. It was moved by Alderman Thomson, seconded by Alderman Dilts,
that the maintenance and operation budget for the Lions Club Rink be approved.
The motion Carried unanimously.
Alderman Thomson advised that he was not in favour with allocating $50,000
in the 1978 operating budget for the library improvements in Chippawa. The
"Aideman suggested that a lesser amount of perhaps $10,000 or $15,000 could be
included as an indication of the City's intention to proceed with the project
in the fugure. Alderman Dilts advised that he had visited the Chippawa Library
recently and found the conditions very poor. The building is rather small
and no parking facilities are provided on the lot. In addition, books are
being piled on the floors and on carts as there is no room for shelving. The
Alderman felt an expenditure of $50,000 on improving the facilities would be
a waste since there is little room to expand or improve the building further.
~he CityManager advised that it was proposed to include $50,000 in the 1978,
1979 and 1980 operating budgets, with the work being done in 1979 involving
only one shutdown of the facility, Alderman MacBain pointed out that the
Niagara South recreation complex has a considerable amount of parking, and
a library could be located on that site.
It was moved by Alderman Dilts, seconded by Alderman Fera, that item
#12595 in the amount of $50,000 be deferred for one year and reviewed at that
time, and further that the City investigate an alternate site, possibly the
Niagara South Recreation complex. The motion Carried with Alderman Chessman
on a con£1ict of ~, and all in
-6-
It was moved by Alderman Fern, seconded by Alderman Sobel, that item
#12594 for the Library Operation be reduced by 6Z from $694,700 to $659,400.
The motion Carried with Alderman Chessman abstaining on a conflict of interest,
and all others voting in favour.
Page 39
Alderman Thomson referred to the grant for the Canadian Cancer Society
and asked if that request should be considered in the same light as the
United Way. The City Manager indicated that the grant had been provided since
1971, and agreed that it should be reduced over a period of years in the same
manner as the United Way grant will be.
It was moved by Alderman Thomson, seconded by Alderman Orr, that the
grant to the Canadian Cancer Society be reduced from $1,700 to $1,500. The
motion ~arried unanimously.
It was moved by Alderman Mann, seconded by Alderman Thomson, that a
grant of $100 be provided to the Niagara District Fire Fighters Association.
The motion Carried unanimously.
Alderman Fern suggested that the grant for the Volunteer Bureau be
reduced to $5,000 from the $12,153 requested. The City Manager indicated
that the City had made a grant of $5,000 to the Volunteer Bureau in 1977
~hich was to offset costs for one half of the year.
With respect to the Social Planning Council, Alderman MacBain indicated
that he had suggested that the Social Planning Council should go under the
Jurisdiction of the:Recreation Commission as a consulting agency. The Alderm~
there were certain duplications of services provided, and as a cost saving
effort, the Social Planning Council could be directly affiliated with the
Commission for control and accountability. This suggestion is being reviewed
by the Social Planning Council and the Recreation Commission, but no decision
has been arrived at as yet. Alderman Thomson pointed out that the Volunteer
Bureau does an excellent Job in organizing volunteers in the City for conununi
work. Also with respect to the Social Planning Council, Alderman Thomson
referred to the projects that have been initiated by the Social Planning Coun.
such as the Niagara Chair-A-Van, the Volunteer Bureau and the daycare nursery.
Although the Alderman was not in fayour of the group's budget, he felt that
Council should not give the impression there is not hard work and dedication
by the Social Planning Council as this could discourage volunteer people in
the City.
Alderman Mann suggested that the grants for the Volunteer Bureau and the
Social Planning Council could be combined, and a total amount of $70,000 could
be allocated in the budget. Alderman Crows suggested that the $70,000 should
be divided so that the Volunteer Bureau receives $10,000 and the Social
Planning Council receives $60,000.
It was moved by Alderman Mann, seconded by Alderman Dilts, that the
combined grants of the Social Planning Council and the Volunteer Bureau in
the amount of $80,199 be reduced to $70,000, $60,000 to the Social'Planning
Council and $10,000 to the Niagara Volunteer Bureau. The motion Carried
unanimously.
Alderman Orr felt that the grant provided to the United Way should be
reduced to $20,000. The City Manager advised that it had been proposed to
reduce this grant over a period of five years at which time there would be
no further grants to the United Way. Alderman Chessman felt that it was
somewhat late iu the year to reduce grants by such an amount. The Alderman
suggested the grant be approved for 1978 and possibly accelerate'the rate of
reduction iu subaequeut years.
It was moved by Alderman Orr, seconded by Alderman Mann, that the grant
to the United Way be reduced from $25,000 to $20,000. The motion ~arrie~ witl
the following vote:
.AXe: Aldermen Crows, Dilts, Fera, MacBain, Mann, Orr and Sobol.
NAYE.: Aldermen Chessman, Jaluvka, Schisler, Stewart and Thomson.
With respect to the grant to the Y.W.C.A., Alderman Chessman felt it
was un]ustifiable for the City to provide a grant to enable the Y .W.C.A. to
hire a person to provide residential recreation programs when the Recreation
Cuemission is providing such a service throuShout the City. It was moved by
-7-
Alderman Cheesman, seconded by Alderman Sobel, that the Y.W.C.A. grant be
reduced by $1,150. The motion was Defeated with the following vote:
AYE: Aldermen Cheesman, Fern, Sobel, Stewart and Thomson.
NAYE: Aldermen Crows, Dilts, Jaluvka, MacBain, Mann, err and Schisler.
Alderman Chessman advised that he had studied the request of the Women
in Crisis group, a small group of concerned citizens trying to deal with the
problem of battered women. This particular problem is not being met in the
community, and the Alderman felt Council was obligated to show some kind of
support. It was moved by Alderman Sobel, seconded by Alderman Chessman, that
the grant request for the Women in Crisis group be reduced to $1,000. The
motion was Defeated with the following vote:
AYE: Aldermen Chessman, Fern, Sobel and Thomson.
NAYE: Aldermen Crowe, Dilts, Jaluvka, MacBain, Mann, err, Schisler and Stewart.
It was moved by Alderman Crowe, seconded by Alderman Dilts, that the
grant request for Mental Health be deleted. The motion Carried with Alderman
Chessman voting contrary, and all others voting in favour.
It was moved by Alderman b~nn, seconded by Alderman Dilts, that the grant
request from the Committee Against Rape and Sexual Assault be deleted. The
motion Carried unanimously.
Page 40
Alderman Schisler suggested that the cemeteries maintenance and operation
budget be reduced to $475,000. The Projects & Services Engineer advised that
this reduction would result in a substantial reduction in the level of
maintenance. Certain amounts for salaries and overhead, funerals and the
purchase of new equipment which represent the major expenditures in the budget,
cannot be reduced. Alderman Thomson pointed out that this was a very
sensitive area, and while certain reductions could be made, the suggested
reduction was rather severe.
It was moved by Alderman Schisler, seconded by Alderman MacBain, that
the Cemeteries Maintenance and Operation budget be reduced from $493,000 to
$485,000. The motion Carried unanimously.
Pa~e 41
Alderman MacBain felt that now that Regional Government is operating a
Planning Department, there is certain duplication of the services offered by
the Region and the City. The Alderman asked if it would possible to have the
Planning Department become a department of the Municipal Works Department
to act as consultants, and have the Planning Department budget reduced from
$182,800 to $100,000. Both Aldermen Fern and Sobol felt that a matter of
such importance should not be considered during the budget meeting because
of the ramifications involved, and it was suggested by Alderman Fern that
Alderman MacBain might not be completely aware of the functions of the
Planning Department. --
Alderman Mann suggested that the Planning budget could be reduced to
$175,000. The City Manager indicated that one of the planning studies shown
under item #12755 in the amount of $7,800 will be paid partially by the
Province. An amount of $4,000 is on hand presently, and the remainder will
,.be received upon completion of the study. When considered on this basis,
the Planning Department budget is closer to the $175,000 amount suggested by
Alderman Mann.
It was moved by Alderman Fern, seconded by Alderman Thomson, that the
Planning & Zoning budget be approved. The motion Carried with the following
vote:
~YE: Aldermen Chessman, Crows, Dilts, Fern, Orr, Sobol, Stewart and Thomson.
NAYE: Aldermen Jaluvka, MacBain, Mann and 8chisler.
It was moved by Alderman Mann, seconded by Alderman Thomson, that the
grant to the Niagara Falls Business & Industrial Growth Agency Inc. in the
amount of $124,700, be approved. The motion Carried unanimously.
It was moved by Alderman Mann, seconded by Alderman Sehisler, that the
grant to the Niagara Promotion Association in the amount of $35,000, be approved.
The motion 9ar~ied with Alderman Crows voting contrary, and all others voting
in favour.
-8-
Alderman Schisler felt the N.R.T.A. should receive the same amount
of grant as in 1977, in the amount of $130,000. Alderman Thomson suggested
that a 6% increase over the 1977 grant would be more reasonable than to
provide the same grant as in 1977. The Alderman pointed out the importance
of tourism to the City and the fact that any reduction in the N.R.T.A. grant
would affect the advertising budget. Alderman Orr also pointed out the
fact that Niagara Falls, New York is now spending a considerable amount on
promotion of tourism in that City, and the N.R.T.A. must now work that much
harder to promote the City.
It was moved by Alderman Schisler, seconded by Alderman Stewart, that
the grant to the Niagara Resort and Tourist Association be reduced from
$155,000 to $130,000. The motion was Defeated with the following vote:
AYE; Aldermen Fera, Jaluvka, Mann, Schisler, Sobol and Stewart.
NAYE: Aldermen Chessman, Crows, Dilts, MacBain, Orr, Thomson and Mayor Bukat0r.
It was then moved by Alderman Thomson, seconded by Alderman Orr, that
the grant to the Niagara Resort and Tourist Association be reduced from
$155,000 to $137,800. The motion Carried with the following vote:
AYE: Aldermen Cheesman, Crows, Dilts, Fera, Orr, Thomson and Mayor Bukator.
NAYE.: Aldermen Jaluvka, MacBain, Mann, Schisler, Sobol and Stewart.
Alderman Sobol referred to comments made by Mr. G. Yerich of the N.R.T.A.
at an earlier meeting of Council, at which time he had iudlcated that 98%
of the tourist operators iu the City were members of the Association. The
Alderman advised that using the N.R.T.A. index map and the yellow directory, sh
compiled a list of 332 tourist establishments, of which only 153 are members
of the N.R.T.A. The Alderman also made reference to comments made at that
meeting relating to the possibility of collecting a membership fee from all
tourist establishments through the licerice fee or business tax, ~hich would
be used to offset the grant paid by the City to the Association for promotion
purposes.
It was moved by Alderman Sohol, seconded by Alderman Thomson, that the
Council tourist committee investigate the possibility of coll~,eting revenue
from tourist establishments through business tax, assessment or licensing
fees in order to offset operating costs of the N.R.T.A. The motion parried
unanimously.
It was moved by Alderman Orr, seconded by Alderman Thomson, that item
#12782 in the amount of $10,000 for Commercial Development, he approved. The
motion Carried unanimously.
It was moved by Alderman Thomson, seconded by Alderman,Fete, that items
#12783, #12784, #12785 for the Downto~m improvement Area, Southend Improvement
Area and Industrial Park in the amounts of $47,000, $11,000 and $8,000
respectively, be approved. The motion Carried unanimously.
PaSe 42
It was moved by Alderman Crows, seconded by Alderman Fete, that-Page 42
be approved. The motion Carried unanimously.
Pa~e 43
It was moved by Alderman Fsra, seconded by Alderman Thomson, that Page 43
be approved. The motion Carried unanimously.
Pa~e 44
It was moved by Alderman Fera, seconded by Alderman Crows, that Page
be approved. The motion .Carried unanimously.
It was moved by Alderman
meetin~ adjourn. Carried
': RFAD AND ADOPTED,
by Alderman Stewart, that the
THIRTEENTH MEETING
Committee Room #1
May 1, 1978
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole on Monday, May 1, 1978 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.
READ AND ADOPTED,
MAYOR
Council Chambers
May 1, 1978
Council met on Monday, May 1, 1978 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 Fera offered the
Opening Prayer.
ADOPTION OF MINUTES
Alderman Cheesman requested that he be shown as abstaining from voting
on a conflict of interest with respect to Communication No. 36 during the
Council meeting of April 17, 1978.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that
the minutes of the meeting held on April 10th, 1978 and the minutes of the
meeting held on April 17th, 1978, as amended, be adopted. Carried
Unanimously.
DEPUTATIONS
GUINNESS MUSEUM OF WORLD RECORDS
COmmunication No. 40 - Guinness Museum of World Records - The communication
requests Council's approval of a sign to be erected for the Guinness Museum
of World Records.
Report No~ 188 - City Manager - Re: Sign By-law, Guinness World Book of
Records. 'The report advises that if Council wishes to permit the erection
of the sign requested, a by-law amending the existing sign by-law will be
required together with a resolution setting out the maximum height of the
sign above grade.
Mr. D. Burland was granted permission to address Council on the motion
of Alderman Thomson, seconded by Alderman Stewart. Mr. Burley distributed
a plan of the proposed sign for the perusal of members of Council. Mr. Burley
felt the sign would be proper and dignified in the areas and requested that
Council grant approval for the sign to be erected.
Alderman theeamen referred to a comment in the communication regarding
the Coachlight Restaurant, and asked if the owner of that establishment had
been contacted and advised about the proposed sign. Mr. Burland advised that
this had been one of the major considerations in designing the sign for the
Museum, and that every effort had been made to ensure that the sign did not
interfere with the patrons of the restaurant terrace.
Alderman Crowe pointed out that the amending by-law did not specifically '.
cover the sign for the Guinness Museum oE World Records and would cover mahy
other applications as well. Alderman Chessman expressed the concern that the
City might be losing some control by approving the by-law. The Buildins and
Development Co-ordiuator explained that the by-law was prepared in such a
, i
- 2 -
way that any sign requested that did not conform to the standards in the
by-law would have to be referred to Council for approval- In that the City
would have control on each individual sign.
It was moved by Alderman Mann, seconded by Alderman Thomson, that the
report be received and adopted- The motion Carried Unanimously.
The By-law respecting this matter was moved forward for consideration
at this time.
ORDERED on the motion of AldermanMann, seconded by Alderman Thomson, that
leave be granted to introduce By-law No. 78-61, and the By-law be read a
first time:
No. 78-61 - A By-law to amend By-law No. 6661, 1964 with respect to signs in
the City of Niagara Falls.
Carried Unanimously
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that
By-law No. 78-61 be now read a .second and third time:
No. 78-61 - A By-law to amend By-law No. 6661, 1964 with respect to signs in
the City of Niagara Falls.
Carried Unanimously
RESOLUTION
No. 31 - MANN - THOMSON - RESOLVED that a permit may be issued to the owners
of the property municipally known as 4943 Clifton Hill for the erection of a
ground sign to a height not exceeding 60 feet above grade; AND the Seal of the
Corporation be hereto affixed. Carried Unanimously
DEPUTATIONS - Continued
NIAGARA FALLS PUBLIC LIBRARY BOARD ._-
Co~untcation No. 41 - Niagara Falls Public Library Board - The co~nnunication
advises of the deletion of certain services, activities and purchases, including
the possible phasin~ out of the Drummond Branch Library on Main Street,
necessitated as a result of the reduction in the City's grant to the Board.
Mr. R. Durdan, Chairman of the Board's Finance Committee, was granted
permission to address Council on the motion of Alderman Cheesman, seconded
by Alderman Orr. Mr. Durdan advised that the Board had met immediately
following the decision of Council to reduce the Bo~rd's grant by $35,260.
Various items had been deleted from the Board's budget which amounted to
$14,400, but in order to save the remaining portion of the $35,260, the
Board is considering the phasing out of the Dr,,r~,ond Branch Library. This
Branch has been suffering because of a lack of parking and access, and has
been showing the least growth of the three branches in the City. Mr. Durdan
felt that the Board's situation might be somewhat different than some of
the other agencies whose funding had been cut back, in that there are four
buildings that must be maintained in addition to the thirty-five permanent
employees and fifty part time employees working at the libraries. Library
services will suffer if the Board must find some way to operate with the
$35,260 reduction in its budget.
Alderman Mann advised that he appreciated the problem the Board must
face because of the budget reduction, but pointed out the importance of
Council's responsibility to maintain a reasonable tax rate. The Alderman
pointed out that the City of St. Catharines has four libraries serving a
population of 123,000 and Niagara Falls has the same number of libraries
serving a population of 70,000. AldermanMann suggested that the Board
consider the possibility of reducing their hours rather than phase out the
Drunnond Branch, and that under no circumstances would he be in fayour of
returning such items to the budget.
Alderman Crowe suggested the Board consider the possibility of increasint
user charges and fees as one alternative in raising additional funds to offset
the Board's budget reduction. The Alderman requested that the Board provide
Council with a report on what the present =ares for user fees and what would
be considered a tolerable increased rate.
-3-
It was moved by Alderman Mann, seconded by Alderman MacBain, that the
communication be received and filed, that Council re-affirm its decision to
reduce the Niagara Falls Public Library Board grant by $35,260, and further
that the Board provide Council with a report on existing user fees, and the
possible increase of these fees to provide additional revenue. The motion
Carried unanimously.
SOCIAL PLANNING COUNCIL
Mr. D. Lyman, Vice-President of the Social Planning Council, was granted
permission to address Council on the motion of Alderman Mann, seconded by
Alderman Stewart. Mr. Lyman advised that the Social Planning Council
recognizes the need to reduce expenditures, and had kept this in mind when
presenting its request to Council. Council's action represents a 14%
reduction from the budget request. The Social Planning Council presently
has an operating capital of $68,000 between the City's grant and cash on
hand. Of this amount, salaries, benefits and office rental alone for 1978
will amount to $65,580. It becomes evident that in order to maintain the
work of the Social Planning Council, it will be necessary to reduce staff.
Also, an orderly transition will be required for various other agencies for
which the Social Planning Council now performs work, i.e. Xerox services
for the agencies in the C.O.R.E. building. Mr. Lyman requested that Council
consider providing an additional grant which would amount to the difference
between the budget request and the per month allocation granted by Council
for the period of January to May, representing $4,200. In June the budget
would be at the level established by Council at the earlier meeting. This
would allow the Social Planning Council to make an orderly transition and
would not cause any undue hardship on the employees involved in any staff
changes. Any duties the Social Planning Council is now handling will then
be carried out by the other agencies.
It was moved by Alderman Mann, seconded by Alderman Sobol, that Council
re-affirm its decision to reduce the Social Planning Council to $60,000. The
motion Carried with Alderman Cheesman voting contrary, and all others voting
in favour.
Y.M.C.A. - LIGHTING AT C.W. PLAMER PARK
Mr. K. Foss of the Y.M.C.A. was granted permission to address Council
on the motion of Alderman Jaluvka, seconded by Alderman Thomson. Mr. Foss
advised that he wished to address Council about the continued development
of Palmar Park which is owned and operated by the Y.M.C.A. but is used as a
community park. The Y.M.C.A. has spent $100,000 on the development of the
park and it is used extensively by citizens for slow pitch tournaments, by
the Boards of Education and church groups to the point that it is now over-
extended. Mr. Fogs requested that Council reconsider its decision not to
provide funds for the lighting of Palmet Park. An application has been made
to Winratio and it is anticipated that funds for the project will be forth-
coming. In 1979 there is a real factor of change in the Winratio grant
structure because of the high costs of hospitalization, and it might not be
possible to obtain a Winratio grant a~-that time. Mr. Foss pointed out that
thel Y.M.C.A. has never come to the City for operating funds, and the only
requests ever made were for providing facilities for use by the public. The
park has four baseball diamonds, a water system, storage building, washrooms
and a children's play area. It is used by eighty-eight slow pitch teams,
and use of the park cannot be extended further without the lights. Lighting
of three ball diamonds would amount to twelve more fields taking the usage
factor into consideration. The on-going costs would be borne by the Y.M.C.A.
and the league. Mr. Foss requested that Council reconsider the provision
of lights at the C.W. Palmer Park.
Alderman Thomson pointed out that the park is owned and maintained by
the Y.M.C.A. and represents no cost to the municipality. If the Y.M.C.A. did
not provide this facility, there would be pressure on the municipality to
provide alternate facilities for these activities to take place. The Alderman
felt the City should participate with the Y.M.C.A, in providing the lighting
for the park.
Alderman Mann pointed out that certain essential services in the City
had been reduced or cut out of the budget in order to maintain a reasonable
tax rate, and for that reason, the Alderman felt it was not Justifiable or
essential that the City provide funds for the lights. Alderman Orr stated
that Council did not question the need for the lights at the park, and pointed
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out that many other recreational programs had to be reduced or deleted
because of budget reductions this year. The Director of Recreation advised
that thirty-six organizations were affected by the budget reduction made by
Council. Of the thirty-six organizations, the majority involved children's
programs. Alderman Sobol made reference to the fact that several other
groups receiving funding from the City found it necessary to cut staff due
to grant reductions. The Alderman felt that if budget reductions involved
staff cuts, Councll could not Justify an expenditure for lights at Palmet
Park.
Mr. Foes pointed out that there is no guarantee funds will be available
from Winratio next year for this work. It was pointed that this was an
opportunity to provide lit ball diamonds to the conmunity at a reasonable cost,
and the costs will escalate in the future. Lights at Ker Park cost $40,000
for one diamond, and lighting for three diamonds at Palmar Park will only
cost $49,000. Mr. Foes asked that if Council does see that the need is
apparent, this could be conveyed to Winratio in the hope that their commitment
for funds will be made available in the future. Alderman Schisler suggested
that the adults using the field could contribute to the lights. Mr. Foes
explained that the $16,000 raised by the Y.M.C.A. was chiefly from these
participants. Both His Worship, Mayor Bukator and Alderman Orr offered
donations to the Y.M.C.A. to assist in purchasing the lights.
It was moved by AldermanMann, seconded by Alderman Sobol, that Council
re-affirm its decision to delete the expenditure for lighting at C.W. Palmar
Park. The motion Carried with.Alderman Thomson voting contrary, and all
others voting in fayour.
Alderman Crows suggested that Council could recommend to the 1979-80
Council that they consider providing funds for the lighting at the park
during budget discussions. The Alderman felt this could assist Mr. Fogs in
his negotiations with Winratio. Alderman Thomson felt that a letter could
be provided to the Y.M.C.A. stating that the expenditure could not be made
this year due to budgetary restraints, but because of the need for the
lighting at the park, it could be considered in 1979.
It was moved by Alderman Crows, seconded by Alderman Thomson, that City
Council recommend to the 1979-80 Council, that consideration be given to the
provision of funds to assist in the purchase of lights for C.W. Palmet Park.
The motion Carried with Alderman MacBain voting contrary, and all others
voting in fayour.
UNITED WAY
Cmunication No. 42 - United Way of Niagara Fallsl~ The communication provide
a financial awarenes$ statement of the United Way of Niagara Falls.
Mr. R. Sorley advised that when Council reduced the United Way grant by
$5,000, it was reducing funding to the various member agencies listed in the
communication. It was felt that the attitude of receiving funds from the
City was not the way to get volunteer money for the campaign, and a commitment
had been made to reduce the City's grant by $5,000 each year until there would
no longer be any grants coming from the City. The additional $~,000 reduction
made by Council represented a 33 and 1/3% reduction in one year. Mr. Sotlay
stated that the $5,000 reduction was very important to the community a~d could
mean the difference between meeting the needs of the community and a campaign
that might fail before it starts. Mr. Sorley requested that Council reconsideI
its decision.
Alderman Cheeaman stated that there had been a tacit dnderstanding between
the City and the United Way of the intent to reduce the grant over a period of
years, and now in the middle of the year Council was reneging on this under-
standing. If this decision had been made clear in September of 1977 or even
January of this year, the reduction might have been Justifiable. The City
had allowed the United Way to proceed for half a year and then radically
altered its contribution. The Alderman felt the $5,000 should be returned to
the budget.
Alderman Fera felt it would be au injustice to the Social Planning
Council and the Library Board if Council were to reverse its earlier decision
and reinstate the grant.
It was moved by Aldermen Chessman, seconded by Alderman Thomson, that the
City reinstate the $5,000 reduction made to the United Way grant. The
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motion was Defeated with the following vote:
AYE: Aldermen Cheesman and Thomson.
NAYE: Aldermen Crowe, Dilts, Fera, Jaluvka, MacBain, Mann, Orr,
Sobol and Stewart.
Schisler,
It was then moved by Alderman MacBain, seconded by Alderman Jaluvka, that
the communication be received and filed and that Council re-affirm its decision
to reduce the United Way grant by $5,000. The motion Carried with the following
vote:
AYE: Aldermen Crows, Dilts, Fera, Jaluvka, MacBain, Mann, Orr, Schisler,
Sobol and Stewart.
NAYE: Aldermen Cheesman and Thomson.
It was then moved by Alderman Thomson, seconded by Alderman ~nn, that
the report regarding the Peat Moss Operation in the First Avenue Area, be
brought forward for consideration. Carried Unanimously.
Report No. 189 - City Manager - Re: Complaint on Peat Moss Operation, First
Avenue Area. The reportsprovides information on the problems experienced by
residents of the First Avenue area north of Bridge Street with respect to the
Premier Peat Moss operation. The report advises that the residents have
suggested the possibility of erecting a barrier on the municipal road
allowance in the vicinity of the temporary access used from First Avenue to
the CNR lands.
It was moved by Alderman Thomson, seconded by Alderman Dilts, that both
the representatives of Premier Peat Moss and the area residents be granted
permission to address Council. Mr. Bates of Premier Peat Moss advised that
access from First Avenue was opened when his firm took residence on the site.
CNR had advised Mr. Bates that this was a legal access point. If the large
tractor trailers use the access from Bridge Street, on leaving the truck is
half way through the traffic light at Victoria Avenue before the back of the
truck is clearof the property. There are four directions of traffic to
content with, and numerous accidents have occurred trying to turn into the
lot from Bridge Street because the cars following through the intersection
are not expecting the short stop and turn into the Caverly Hotel parking lot.
At busy times it is impossible to get out of the lot and make a left turn
on to Bridge Street because of traffic at the traffic lights. Mr. Bates
further advised that 95% of the trucks coming into his operation do not use
First Avenue. With respect to the dust problem, when the complaint first
came to Mr. Bates' attention, he called Woodington Systems and requested that
his property be oiled. Due to inclement weather and a mechanical breakdown
of the Woodington Systems equipment, the road did not get oiled until the
past week.
Alderman Thomson advised that he had been dealing with this problem for
some time. The area residents were aware that they lived adjacent to an
"industrial zone and had never experienced any problems with other industries
and truck traffic in the area. When the peat moss operation moved into the
area the problem started. Large tractor trailers are entering and leaving
the property on a constant basis. The Alderman pointed out that First Avenue
is a City street and was not built to withstand such constant use, and
road construction may become necessary at the City's expense. Other problems
experienced involved dust from the traffic and pot holes causing damage to
the homes when the large trucks hit the holes. Alderman Thomson felt steps
should be taken to restrict access from First Avenue not only to alleviate
the residents' problems, but for the safety of the roadway, which would be
the City's responsibility when it deteriorates.
Mrs. Armstrong advised that Mr. Bates had indicated there would be
roughly twenty trucks a week, and some days there are as many as thirty or
forty trucks entering the property. The trucks come in at any time of the
day or night and Sundays as well. Mrs. Armstrong submitted a list of names
of residents in the area camplaining about the noise, dust and trucks.
Mr. Bates advised that since August his firm has loaded approximately
four hundred and fifty trucks, amounting to thirty trucks a week on the
average,
Alderman MacBain felt that Council required further information in order
to make some kind of a decision on what action can be taken in the matter.
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The Director of Municipal Works pointed out that a legal opinion will
have to be obtained on the question of closing the entrance off First Avenue.
It was moved by Alderman Thomson, seconded by Alderman MacBain, that the
matter be tabled and a further report be prepared on the alternatives open
to the City in resolving the problem. Carried Unanimously.
UNFINISHED BUSINESS
1978 OPERATING BUDGET
Report No. 190 - City Manager - The report recommends that the 1978 budget
estimates, mill rates and levying and collecting authorities be ratified by
by-law.
ORDERED on the motion of Alderman Crows, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
See By-laws 78-77,
78-78 and 78-79
AUD}TORS' REPORT OF.THE NIAGARa FRONTIER HUMANE SOCIETY
Communication No. 43 - Crawford, Smith & Swallow - The communication provides
details on the receipts and disbursements for the year ending December 31, 1977
for the Niagara Frontier Humane Society.
Alderman Thomson suggested that the information contained in the report
of Crawford, Smith & Swallow would answer some of the questions raised during
budget discussions concerning the Humane Society operation. The City Clerk
indicated that there would be further reports submitted to Council regarding
amendments to the dog control by-law and a general report on the operation
of the Society. Alderman Dilts suggested that the report contain information
on the costs of running humane societies in other municipalities similar to
Niagara Falls.
ORDERED on the motion of Alderman Crows, seconded by Alderman Chessman, that
the communication be received and filed. Carried Unanimously
DISPOSITION OF OLD POLICE BUILDING
Report No. 191 - His Worship, Mayor Bukator - The report advises that the
anticipated project costs for the proposed art gallery and museum have far
exceeded the expectations of Dr. Afrukhteh and the Municipality. It is
recommended that the appropriate steps be taken to have the title of the
property ravested in the City and to refund to Dr. Afrukhteh the payments
made by him. The report also thanks the special committee appointed by
Council to investigate the matter and to Dr. Afrukhteh for his interest in
attempting to bring a fine arts gallery to the City.
ORDERED on the motion of Alderman Crows, seconded b~ Alderman Orr, that the
report be received and filed. Carried Unanimously.
REQUEST OF CORNWILL INVESTMENTS FOR EXTENSION OF URBAN BOUNDARIES
Report No. 192 - City Manager - The report provides information to assist
Council in reaching a decision on whether to extend the urban bounda~ies west
of Kalar Road as requested by Cornwill Investments. - ....
Communication No. 44 - Mr. N. Grandoni & Sons - The communication expresses
objection to any extension of the western boundary of the City's urban area.
The communication also advises that the Grandoni's will not provide any
bufferinS on their land to provide protection from farm field operations to
residential subdivisions.
Alderman Chessman co~nnented that the overriding point of view of the
report deals with the question as to whether properties should be included
in the urban area for purely technical reasons. The question Council must
deal with is the ability of an urban area to cohabit with a farm area. The
decision should not be based entirely upon whether or not the lands are
readily serviceable. The Alderman also indicated his support the opinion of
M~. Crandoni that he not be called upon to provide buffering on his land.
Alderman Schisler pointed out that Mr. Grandoni had an established
business for over fifty years and now the City was considerin8 bringing
the urban area adjacent to his property. The Alderman pointed out that
Mr. Grandoni must spray, spread manure and do farm work, and he cannot
control the noise, duet and odours fro~ the farm operation that could cause
complaints from adjacent.residential development. Alderman Schisler felt
that Council would either drive ~. Grandoni out of business, or be swamped
with complaints from an adjacent residential subdivision. Alderman Thomson
advised that he has encountered problems through his employment when
residential properties are located in rural areas. Buffers have to be provided,
but the Alderman felt that Mr. Grandoni should not be expected to provide it.
Alderman Thomson felt a complete study of the matter should be carried out
with respect to the standards that exist regarding setbacks and buffer zones,
and how this would affect Mr. Grandoni's property.
Alderman Sobol pointed out that Fire Department expenditures are high
because that service covers a large area. The Alderman felt this factor was
pertinent in this situation when the urban boundaries are under reivew, since
the taxpayers will have to absorb the cost of providing additional protection
to the new areas.
Alderman Crowe stated that new development must always involve abutting
lands with different uses. The Alderman suggested that if Council approved
the extension of the boundaries, it must be made clear to the developer that
he must provide as adequately as possible any buffering required to
accommodate both abutting different uses, prior to approval of any zoning
amendments, permits or land dedications.
Following further comment, it was moved by Alderman Thomson, seconded
by Alderman Cheesman, that a report be prepared outlining existing standards
with respect to setbacks and buffer zones, and how the extension of the
boundaries in this area will affect Mr. Grandoni's property. The motion
Carried unanimously.
COMMUNICATIONS
No. 45 - Niagara Promotion Association - Re: Blossom Festival. The conmunica-
tion approve and provide assistance for certain events to be held in conjunction
with the Blossom Festival.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that
approval be granted subject to notification to the appropriate bodies. Carried
Unanimously.
No. 46 - Greater Niagara Senior Girls District Soccer League - Re: Proposed
Bike-a-thon. The communication requests approval to hold a bike-a-thon on
May 14, 1978.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr that
approval be granted subject to notification to the appropriate bodies. Carried
Unanimously.
No. 47 - Mr. Vincent G. Kerrio, M.P.P. - Re: Matters of Mutual Interest. The
cummunication extends an invitation to meet with members of Council and City
staff to discuss areas of mutual interest.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the invitation be accepted. Carried Unanimously.
No. 48 - Treasurer of Ontario - Re: Go~ernment's Statement on the Review of
Local Government in the Niagara Region. The communication extends an invita-
tion to members of Council and City staff to attend a meeting on May 4, 1978,
for the presentation of the Oovernment's statement on the review of local
government in the Niagara Region.
ORDERED on the motion of Alderman Mann~ seconded by Alderman Orr, that as
many members of Council and staff as possible attend the meeting. Carried
Unanimously.
No. 49 - Municipal Planning Consultants - Re: Niagara Escarpment Conmission
Preliminary Proposals. The communication offers assistance to the City in
the preparation of a brief, commentary or position paper by the City for
submission to the Niagara Escarpment Commission on its preliminary proposals.
ORDERED on the motion of Alderman Fera, seconded by Alderman Stewart, that
the communication be received and filed. Carried Unanimo~sly.
No. 50 - Regional Municipality of Niagara .- Re: 1978 Regional Tax Levy.
The communication indicates the Regional levy against the Municipality for
the year 1978.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the communication be received and filed. Carried Unanimously.
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REPORTS
No. 193 - City Manager - Re: An Analysis of Volunteers in Recreation and
Conmunity Services. The report advises that the City's application for
funding to the F.C.M. for a Municipal Research Support Program grant for
the subject study, has been denied.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fete, that
the report be received and filed. Carried Unanimously.
No. 194 - Recreation Commission - Re: Athletic Field Bond. The report
recommends passage of a policy providing that the onus for paying for damages
occurring at athletic fields will be placed on the organization responsible.
In response to a question raised by Alderman Jaluvka, The Director of
Recreation advised that damages have occurred in the larger parks during
events when Parks Department staff have been on duty. Payment for damages
would be required when the City knows definitely that a particular group
has been responsible for the damage.
ORDERED on the motion of Alderman Jaluvka, seconded by Alderman Schisler,
that the report be received and adopted. Carried Unanimously.
No. 195 - Recreation Commission - Re: 1978 Annual Ontario Municipal Recreation
Association Conference. The report recommends the attendance of Mr. F. Sacco
at the subject conference to be held in Cambridge, Ontario from May 24th - 27th,
1978.
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
No. 196 - City Manager - Re: Annual Conference - Purchasing Management
Association. The report recommends the attendance of the Purchasing Agent
at the subject conference to be held in Quebec, Quebec from June 14 - 16,
1978.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Themson, that
the report be received and adopted. Carried Unanimously.
No. 197 - Planning & Development Committee - Re: FeeB'L"harged for Processing
of Development Applications. The report recommends adoption of the new fee
schedule and that staff be authorized to institute the revised scale of
charges forthwith.-
ORDERED on the motion of Alderman Fete, seconded by Alderman Stewart, that
the report he received and adopted. Carried Unanimously.
NOTE: Alderman Mann was absent when the vote was taken on this matter.
No. 198 - City Manager - Re: Proposed King's View Shbdivision. The report
recommends passage of a by-law to authorize the execution of the subdivision
agreement with Sunnylea Construction Limited for the subject subdivision.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
See By-law No. 78~
NOTE: Alderman Mann was absent when the vote was
c.: "taken on this matter. '~'
No. 199 - City Solicitor - Re: Regional and Educational Tax Levies. The report
provides information on the City's right to reject, reduce or appeal the
Regional and Board of Education tax levies.
His Worship, Mayor Bukator provided additional information in response
to a question raised by Alderman Cheesman.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Schisler, that
the report be received and filed. Carried Unanimously.
No. 200 - City Manager - Re| Sale of Used Equipment. The report reconmends
that the City participate with the Region at their auction sale to be held
on July 8, 1978.
ORDERED on the motion of Alderman Fera, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
No. 201 - City Manager - Re= 1978 Asphalt Overlay Contract A.C. 2-78. The
report recommends acceptance of the unit prices submitted by Northland
Bitulithic Limited for the' asphalt overlay contract.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously,
See Resolution No~
See By-law No. 785
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No. 202 - City Manager - Re: 1978 Sidewalk Repair Contract, S.R. 1-78. The
report recommends acceptance of the tender submitted by Steed & Evans Limited
for the 1978 sidewalk repair contract.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 33
See By-law No. 78-82
No. 203 - City Manager - Re: Development Plan Approval, Proposed Imax Theatre
on Buchanan Avenue. The report recommends approval of the subject development
plan as submitted.
ORDERED on the motion of Alderman Crows, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 204 - City Manager - Re: Severance Application B-87(78) for C.S. & G.
Robinson on Belfast Avenue. The report recommends 1) Payment of $2,260 from
the applicant as his share of the watermain installation; 2) That the watermain
be extended for the remainder of the short street north of Mulhern Street to
provide adequate fire protection for the remaining buildings in the general
area; and 3) that the monies required for the extra work be taken from the
funds established from previous monies received for impost conditions on
severances.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
No. 205 - City Clerk - Re: AM-32/77, Restricted Area By-law 77-221, Association ... ~
for the Mentally Retarded, Proposed Residence on Beaverdams Road. The report
advises that the Ontario Municipal Board has appointed June 1, 1978 at 11:00
a.m. in the Council Chambers for hearing all parties interested in supporting
or opposing the application.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the
report be received and filed. Carried Unanimously.
NOTE: Alderman Crowe declared a conflict of interest and abstained from
voting on this matter.
No. 206 - City Clerk - Re: Application for Hawker and Pedlar Licence. The
report recommends denial of a licence to Mr. George Fisher, a resident of
Toronto to sell cookbooks on Queen Street.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 207 - City Manager - Re: Encroachment - Niagara Street. The report
recommends approval of a request for an encroachment on Niagara Street
subject to the usual conditions, and that an appropriate by-law authorizing
the encroachment be prepared.
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
No. 208 - City Manager - Re: Lease of Part of 0liver Street. The report
recommends passage of a by-law to authorize the execution of an agreement for
the 'lease of part of 0liver Street by Peter and Wendy Munger.
ORDERED on the motion of Alderman Crows, seconded by Alderman Thomson, that
the report be received and adopted. Carried Unanimously.
See By-law No. 78-83
No. 209 - City Manager - Re: Parking on Laura Secord Place. The report
recommends that parking be prohibited on the northeast side of Laura Secord
Place from Main Street to 100w northwesterly.
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
No. 210 - City Manager - Re: Policy on Tendering and Invitation Bids. The
report provides information on the Cityws methods in obtaining prices for work
through tendering and invitation bids.
In response to a question raised by Alderman Mann, the Director of
Municipal Works advised that invitation bids would not be restricted to
contractors in the City only, but would allow bids from contractors out of
the City if known to the City.
Alderman Schisler suggested that a limit of some type should be set
on, the cost of a project that is to be handled through invitation bids,
- 10 -
The Projects & Services Engineer felt that a dollar value should not be set,
and pointed out that in some instances, equipment purchases alone could exceed
the limit, while the contractor's expertise might involve a small expenditure.
Alderman Crowe agreed that the City could not tender and prepare contract
specifications for small price items, but occasionally difficulty is encounterei
where people known to the City are usually asked to bid, while others are not.
The Alderman felt these feelings of favouritism would be limited if an upset
limit of $10,000 were imposed, and if a project will exceed that amount, it
would be necessary to receive approval from Council to call quotations.
Alderman Cheesman pointed out that he appreciated the intent of the
suggestion, but pointed out that inflationary trends will require the upset
limit to be continually revised over the years. The Alderman felt that
Council's concern had been expressed to staff, and the matter could be left
in a general area.
It was moved by Alderman Crowe, seconded by Alderman Schisler, that the
report be received and filed, an upset limit of $10,000 be established for
invitation bids, and projects over that amount must receive approval of
Council for an invitation bid. The motion Carried with Alderman Cheesman
voting contrary, and all others voting in favour.
No. 211 - City Manager - Re: T.V. Sewer Inspection and Hydraulic Cleaning
of Sewers and Culverts. The report recommends: 1) That the low price submitted
by Robinson Construction be accepted; 2) that the alternate price of 10¢ per
foot by Sewertech be accepted for mileage in addition to that specified in
the contract; 3) that future contracts on flushing be tendered with the custom~
as well as the new type of equipment available; and 4) that the tender by
Sanitank Inc. for T.V. inspections be accepted.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
See Resolution No.~
No. 212 - City Manager - Re: Rental of Equipment for Weed Control. The report
recommends acceptance of the tender submitted by D. Goslin for light equipment
and hand labour where equipment will be adequate, ac~t~tance of the tender
submitted by E. Murchie for heavy equipment and hand labour where necessary,
and acceptance of the tender submitted by E. Mutehie for chemical weed control.
Alderman Stewart felt that in view of the difference of the prices and
sizes of the mower cutting swathes, the entire contract should be awarded to
Mr. Murchie, rather than handling the contract in a piecemeal manner. The
Director of Municipal advised that the contract was tendered on the basis of
individual units and awarded on the basis of a particular type of equipment.
The low tender is not necessarily accepted, however!lMr. Goslin did submit the
low price.
Alderman Schisler pointed out that Mr. Goslin's equipment had a 5' swathe,
while Mr. Murchie's equipment had a 7' swathe. Considering that it would take
the smaller swathe longer to cut weeds in a field, the lower price submitted by
Mr. Coslin is not necessarily the cheapest. The Director of Municipal Works
stated that Mr. Murchie's heavier equipment was not necessary in every instance,
and the heavier equipment has a higher hourly rate.
Mr. Mutehie indicated that Mr. Goslin had not tendered on the sickle bar
portion of the contract, and this bar was not included in his portion of the
contract either. Mr. Murchie asked who would be doing the sickle bar work
for the City. The Director of Municipal Works advised that he was not
familiar with all of the details of the contract, and suggested that the
report be tabled for further information.
It was moved by Alderman Schisler, seconded by Alderman Cheesman, that
the report be tabled for additional information. The motion Carried with
Alderman Stewart voting contrary, and all others voting in favour.
No. 213 - City Manager - Re: Municipal Accounts. The report recommends
payment of the municipal accounts.
ORDERED on the motion of Alderman Crowe, seaonded by Alderman Thomsons that
the report be received and adopted. Carried Unanimously.
- 11 -
RESOLUTIONS
No. 31 - SEE PAGE 2
No. 32 - THOMSON - FERA - RESOLVED that the unit prices submitted by
Northland Bitulithic Limited for the asphalt overlay contract, be accepted
at the tendered price of $83,492.00; A~ the Seal of the Corporation be
hereto affixed.
Carried Unanimously
No. 33 - THOMSON - FERA- RESOLVED that the unit prices submitted by Steed
and Evans Limited for the 1978 sidewalk repair contract, be accepted at the
tendered price of $80,815.00; AND the Seal of the Corporation be hereto
affixed.
Carried Unanimously
No. 34 - THOMSON - DILTS - RESOLVED that the prices submitted by Robinson
Construction for hydraulic cleaning of sewers in the amount of 7¢ per foot
and $240.00 per hour be accepted; that the price of 10¢ per foot submitted
by Sewertech be accepted for mileage in addition to that specified in the
contract; and further that the price submitted by Sanitank Inc. at 25.9¢ per
foot for T.V. Inspections and $25.00 per hour for inevitable delays, be
accepted; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 35 - MANN - ORR - RESOLVED that the Weed Inspector of the City of Niagara
Falls be directed to cause noxious weeds or weed seeds on any subdivided portion
of the municipality, and lots not exceeding ten acres, whether or not the lots
are part of a subdivision, to be destroyed in the manner prescribed in the
regulations made under The Weed Control Act; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that leave
be granted to introduce the following by-laws, and the by-laws be read a first
time:
No. 78-77 - A By-law to provide for the appropriations for the year 1978.
No. 78-78 - A By-law to fix the rates of taxation for 1978 and to provide for
the levying of taxes.
No. 78-79 - A By-law to provide for the collection of taxes for the year 1978.
No. 78-80 - A By-law to authorize a subdivision agreement with Sunnylea
Construction Limited (King's View Subdivision).
No. 78-81 - A By-law to authorize the execution of an agreement with Northland
Bitulithic Limited for the application of hot mix asphalt overlays
on certain streets in the City of Niagara Falls.
No. 78-82 - A By-law to authorize the execution of an agreement with Steed and
Evans Limited for sidewalk repairs.
No. 78-83 - A By-law to authorize the execution of a license agreement with
Peter and Wendy Munger.
No. 78-84 - 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. 78-77 - A By-law to provide for the appropriations for the year 1978.
No. 78-78 - A By-law to fix the rates of taxation for 1978 and to provide for
the hvying of taxes.
No..78-79 - A By-law to provide for the collection of taxes for the year 1978.
- 12 -
No. 78-80 - A By-law to authorize a subdivision agreement with Sunnylea Construt=
tion Limited (King's View Subdivision).
No. 78-81 - A By-law to authorize the execution of an agreement with Northland
Bitulithic Limited for the application of hot mix asphalt overlays
on certain streets in the City of Niagara Falls.
No. 78-82 - A By-law to authorize the execution of an agreement with Steed and
Evans Limited for sidewalk repairs.
No. 78-83 - A By-law to authorize the execution of a.license agreement with
Peter and Wendy Munger.
No. 78-84 - A By-law to provide monies for general purposes.
Carried Unanimously
NEW BUSINESS
CITY POSTMARK
His Worship, Mayor Bukator referred to discussions held in the past
regarding the discontinuation of the Niagara Falls postmark on letters and
cards mailed in the City. The Mayor advised that he had received a letter
from a person in Welland, and the postmark on the envelope indicated that
the letter had been mailed in Welland. The Mayor felt that if Welland
could still retain its postmark, the City should have its own postmark as
well. It was moved by Alderman Crows, seconded by Alderman Thomson, that
the matter be investigated. Carried Unanimously.
VARIANCE APPLICATION - MRS. C. NORTHCOT[
His Worship, Mayor Bukator advised that he had received a call from
Mrs. C. Northtort who had been granted a minor variance from the Committee
of Adjustment to permit a small variety store on Bridge Street near
Stanley Avenue. The Region has decided to appeal the variance because of
its proximity to a signalized intersection involving two, Regional roads
where parking is prohibited. His Worship, Mayor Bukator indicated th.at
the store had been in existence for many years, and that prior to its use
as a leather specialty store, it had been a variety store. The Director
of Municipal Works advised that from an engineering point of view, his
Department could not support the application, and in fact, he was in
agreement with the Region's position. Alderman Mann agreed that the City
could not support the matter because of the traffic and parking problems
that would be caused by the variety store.
CO~R4ITTEE OF THE WHOLE DISCUSSION
Report No. 214 - His Worship, Mayor Bukator - The report cor~nents on recent
press coverage of a suggestion that meetings be held in Committee of the
Whole to discuss personnel matters. The report clarifies the position of
the Mayor with respect to such a meeting.
Alderman Crows commented that both the press and Council have their
respective responsibilities, and occasionally these responsibilities are
diametrically opposed. The Alderman advised that he did not want to see
a restriction on the items that can be discussed in Connittee, and pointed
out that on occasion, things must be discussed becauseof 'their complexities.
It was felt with items still in the formulatire stages where they are most
susceptible, it might not be wise to discuss openly, Alderman Crowe stated
that there have been matters discussed in Committee that migh~ not have
become reality, and thls could have been detrimental to the m~ndate given
to the members of Council by the citizens of the City.
Alderman Thomson pointed out that the thinking of the people has changed
over the years with respect to the use of in camera meetings. In the last
number of years, a close watch has been made on items discussed in committee,
but occasionally a matter is discussed that did not relate to personnel,
property acquisition or litigation. The Alderman felt that the public now
- was damandin~ more openness in government. Alderman Thomson suggested that
· it might be advisable to explain the reasons Council was meeting in committee,
and in that way, there would be no accusations of Council discussions held
behind closed doors. Alderman Jaluvka stated that ~iile the public may be
demanding more openness, the public also demands that Council conduct the
- 13 -
affairs of the City to the best of its ability. This may involve dealing
with certain matters privately, and Council should not tie its hands in
discussing matters of this nature. Alderman Schisler pointed out that
any matters dealt with in Committee are eventually ratified in open Council,
and in that way, the press and public are made aware of such matters.
Alderman Fera stated that he could see no reason why Council did not
allow the press to attend Committee meetings, on the understanding that no
press coverage of the matters considered would take place until they were
ratified in open Council. Alderman Mann advised that he did not object to
the press being advised of the reasons for Council meeting in committee,
but felt there would be difficulties involved in advising the press of matters
without supplying names or details on the matters.
Alderman Cheesman felt that Council had only discussed matters in
committee that were within its rights, and at no time had Council overstepped
its prerogative. The Alderman did agree that the press could be advised that
Council had considered an item in committee that dealt with personnel, property
acquisition or litigation without providing any further details.
Alderman MacBain referred to the discussions held in Committee several
years ago regarding Niagara Square, and stated that it was necessary because
of the difficulties involved to have discussed the matter in Committee.
His Worship, Mayor Bukator indicated that the developers of the plaza had
asked to speak to Council in committee. Because of the delicate negotiations
that were taking place with the o~mer at that time~ the developers did not
want to discuss the matter in public. The Mayor further advised that he
had suggested a meeting in committee because of criticisms that were made
of staff, and he had felt such matters should be discussed in committee.
Alderman Sobol pointed out there are three matters that can be discussed
in committee, and problems could be encountered when items not actually relating
to those three topics must be discussed. The Alderman suggested that there
should be no specific terms of reference established, and if a matter comes
up that must be discussed, Council could decide on the merits of the issue
as to whether or not it should be discussed in committee. Alderman Schisler
referred to the report, wherein it states that the Municipal Act does not
limit committee discussions to the three matters referred to. The Alderman
also pointed out that Council had done no injustice to the public by
discussing matters not related to personnel, property acquisition or litigation,
and in fact had kept the best interests of the public in mind.
Following further discussion, it was moved by Alderman Thomson, seconded
by Alderman Chessman, that the report be received and filed, and further that
the press be provided with notification of the topics to be considered in
Committee of the Whole. The motion Carried with Alderman Schisler voting
contrary, and all others voting in favour.
1978 OPERATING BUDGET
Communication No. 51 - Alderman A.A. Macgain - The communication proposes a
formula relating to future operating budgets, based on the premise that the
City can no longer budget for municipal and educational services based upon
need.
Alderman MacBain advised that due to the lateness of the hour, and the
fact that the City Manager was not present, the matter should be deferred
for several weeks. Alderman Crows suggested that staff should review the
proposal and provide a report on the suggestions made by Alderman Macgain.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Jaluvka,
that the communication be referred to staff for preparation of a report
to be submitted to Cannell in one month. Carried Unanimously.
RENTAL OF EQUIPMENT AT THE LANDFILL SITE
Mderman Dilts advised that it had been brought to his attention, that
a piece of equipment being used on the landfill site under the equipment
rental contract, did not meet the specifications in the City~s contract.
The Alderman advised that the City had requested equipment ~eighing 43,000
pounds, and the actual weight of the equipment is only 30,000 pounds.
OND~RED on the motion of Alderman Dilts, seconded by Alderman Thomson, that
the matter be referred to staff for preparation of a report. Carried
Unanimqusly.
- 14 -
BUS SERVICE - THOROLD STONE ACRES
Alderman Sobol advised that she had received a number of inquiries
regarding the possible provision of bus service to the Thorold Stone Acres
Subdivision. His Worship, Mayor Bukator advised that he would have the
Transit Commission consider the matter and provide a report.
CANADA WEEK COI~4ITTEE
Alderman Schisler referred to the committee established by Council,
consisting of himself, Aldermen Cheesman and Jaluvka to make arrangements
for the City's participation in observing Canada Week. The Alderman advised
that the Province of Ontario has been twinned with the Province of Saskatchewan
for this week, and in conjunction with that, it has been suggested that the
City of Niagara Falls twin with the City of North Battleford as well. In
order to do this, the permission of Council is necessary, and the Alderman
felt it would be in order to have the Mayor write to North Battleford
indicating the City's support of the twinning. It was moved by Alderman
Schisler, seconded by Alderman Jaluvka, that Council approve the twinning
of the Cities of Niagara Falls and North Battleford during Canada Week.
Carried Unanimously.
It was moved by Alderman Cheesman, seconded by Alderman Dilts, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
MAYOR
FOURTEENTH MEETING
Committee Room #1
May 15, 1978
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole on Monday, May 15, 1978 at 7:15
p.m. All members of Council were present with the exception of Alderman Crowe.
Alderman Orr presided as Chairman.
Following consideration of the items presented,
Whole arose without reporting.
READ AND ADOPTED,
the Committee of the
MAYOR
Council Chambers
May 15, 1978
Council met on Monday, May 15, 1978 at 7:30 p.m. for the purpose of
considering general business. All members of Council were preseDt with the
exception of Alderman Crowe. His Worship, Mayor Bukator presided as
Chairman. Alderman Stewart offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson,
that the minutes of the meeting held on April 24, 1978, be adopted as
printed. Carried Unanimously.
PRESENTATIONS
I.C.S. MODERN MANAGEMENT COURSE
Report No. 215 - City b~nager - The report advises that all supervisors
participating in the I.C.S. Modern Management Course successfully completed
the course and will receive certificates.
His Worship, Mayor Bukator presented certificates to Mr. R. Barnes,
Mr. P.' Brennan, Mr. R. Caldwell, Mr. J. Clark, Mr. A. Dell, Mr. L. Detlor,
Mr. D. McArthur, Mr. J. Milne, Mr. R. Quaranta, Mr. D. Snyder, Mr. N. Swec,
Mr. H. Watson, Mr. C. Willjams and Mr. S. Wood. Certificates will also be
presented to Mr. G. Capitano, Mr. S. Iorfida, Mr. J. MacDonald and Mr. F.
Wagner who were unable to be present.
Alderman Sobol requested that Council be provided with a list of the
cost-saving recommendations made by the participants in the course, once
they have been reviewed by staff.
CITY OF NORTH BATTLEFORD, SASKATCHEWAN
Reverend H. Reichelt, a representative of the North Battleford Canada
Week Committee, extended the greetings of the City of North Battleford to
the Mayor 'and members of Council. Reverend Reichelt hoped that the two
Cities could establish close and lasting communication with the idea of
enhancing and promoting national unity throughout the Country. On behalf
of Mayor Jack elements of North Battleford, Reverend Reichelt presented
Council with the City's flag, and plaques for each individual member.
A letter from the Monourable Cameron McIntosh, Lieutenant Governor of
Saskatchewan was also presented to the Council. His Worship, Mayor Bukator
thanked Reverend Retchelt for the gift of the flag and plaques, and on
behalf of the Council, presented to the Reverend, a flag of the City of
N~agara Falls and a framed picture of the Falls.
COLONEL LEE TUCKER
His Worship, Mayor Bukator presented Colonel Lee Tucker of Kentucky,
with a flag of the City and a gift to be presented to Governor Julian Carroll
-2-
of Kentucky on behalf of the City of Niagara Falls. Colonel Tucker thanked
the Mayor and members of Council for the gifts, and the hospitality extended
to himself and his wife during the Blossom Festival. Colonel Tucker also
extended an invitation to the Mayor and members of Council to visit Kentucky.
DEPUTATIONS
MR. A.T. MCLAREN - POSSIBLE CHURCH SITE
The City Clerk advised that Mr. McLaren was not in attendance at the
meeting, and it was moved by Alderman Orr, seconded by Alderman Fera, that
the matter be tabled. Carried Unanimously.
MR. N. PUTTICK - FINANCE DEPARTMENT IMPROVEMENTS AND CIVIC ADMINISTRATION
Report No. 216 - City Manager - The report provides information in response
to inquiries made by Mr. N. Puttick regarding improvements to the Finance
Department. It is reconnnended that the report be received and filed.
FAr. N. Puttick was granted permission to address Council on the motion
of Alderman Mann, seconded by Alderman Thomson. Mr. Puttick thanked Council
for the report but commented that he did not agree with certain items in
the original report to Council and the report now under consideration, in
particular, the item dealing with the air conditioning unit for the data
processing office. Mr. Puttick advised that a member of staff had reconnended
that a consultant be retained to determine the exact air conditioning require-
ments for that office, and that an amount of $10,000 be placed in the budget
for the expenditure. According to the report, only $1100 had been spent to
correct the problem, and it is not even known if the problem has been corrected
since no hot humid weather has been experienced this year. With respect to
civic administration, Mr. Puttick advised that two matters had concerned him.
The first matter dealt with whether the City Manager is going to be in or out
of City Hall, and secondly during budget discussions, a question was raised
by a member of Council regarding the $300,000 savings from the strike and
a suggestion was made that quarterly reports be supplied to Council to
show if departments are operating close to the line. FAr. Puttick made
reference to the by-law outlining the duties of the C~y Manager which states
that the City Manager is only responsible to Council and must present at
least quarterly to Council, reports and information regarding progress and
accomplishments, status of revenue and exercise of financial and administrativt
control. Mr. Puttick advised that he had requested copies of the quarterly
reports given to Council and was informed that as of August 29, 1977, only
one report was given to Council. In that report, it stated that it is
expected that all departments will show a reduction for the year because of
the disruption of municipal services. Mr. Puttick asked if $300,000 was
saved as a result of the strike, where was the money spent and who approved
the expenditures. With respect to the question of whether the City Manager
should be in or out of City Hall, FAr. Puttick connnented that no ambassadorship
is given to anybody in City Hall, and suggested that Council review the
by-law outlining the duties of the City Manager. Mr. Puttick also offered
to meet with Council if it was felt necessary.
Alderman Thomson asked if there was some reason why the quarterly
reports were not supplied as stated by Mr. Puttick. The City Manager
advised that last year, the preliminarybudget represented the first of
the quarterly reports. L Because of the~strike, a report was not submitted .
at the end of June, and a report submitted at the end of August combined
both the June and September reports. The preliminary budget considered by
Council early in 1978 showed all figures as of the 1977 year end. In 1978,
the budget report in April was the first of the quarterly reports, and it
is anticipated that a report will be presented at the end of June.
Alderman Thomson also asked the City Manager to cormnent on the question
raised by Mr. Puttick relating to his presence in City Hall. The City Manager
advised that with respect to his regular schedule, he spends a great deal of
his time in the building and intends to spend more time outside the building
during the summer season and construction activity. With respect to outside
activities, the City Manager advised that he was president of Niagara Concerts
and also president of the United Way which occasionally involves meetings
during the day. Every effort is made to schedule these meetings during
lunch hours or before and after office hours. Occasionally a meeting is
held during office hours and usually involves a luncheon meeting running a
half hour longer than usual. His Worship, Mayor Bukator referred to
criticism of the City Manager attending conferences, and pointed out that
3
the City Manager recently artended a conference using his vacation and
paying his own expenses. In addition, the Mayor advised that the City
Manager will consult with him regarding his attendance at a conference,
and if there is no conflict with the affairs of the City, he agrees that
the City Manager should attend the conference.
With respect to the question of the savings resulting from the strike
in 1977, Alderman Thomson pointed out that funds were spent following the
strike for clean-up and remedial work, however it was suggested that a
report should be prepared for Council outlining the savings from the strike
whether there is a surplus, and how the funds were spent. The City Manager
advised that there would be a report prepared.
Following further comment, it was moved by Alderman Schisler, seconded
by Alderman Thomson, that the report be received and filed, and further that
a report be prepared regarding the savings from the 1977 strike. Carried
Unanimously.
UNFINISHED BUSINESS
PROPOSED REGIONAL SIGN BY-LAW
Report No. 217 - City Manager - The report advises that meetings were held
with representatives of the business community who will be affected by the
proposed Regional sign by-law. As a result of the meetings, the groups
have indicated their opposition to the proposed by-law.
AND
Communication No. 52 - Mr. D.G. Paul - The communication expresses the
objection of those businesses in the Clifton Hill - Centre Street - Victoria
Avenue area to the proposed Regional sign by-law.
FAr. Paul advised that the businesses he represented were opposed in
general to the proposed by-law, and in particular to sections 3, 4 (1) (2)
(3) and (4), 7 (a) and (b), and 13 (1) and (2) of the by-law. Mr. Paul
stated that Niagara Falls is a unique municipality in the Region, and such
a by-law would have a serious impact on tourism in the City. It was also
requested that Victoria Avenue, Centre Street and Clifton Hill be changed
from Regional roadways to City roadways. Mr. Paul felt that the proposal
was another step in the continuing erosion of self-determination and more
government intervention.
The Building & Development Co-ordinator advised that the businesses in
the area are completely opposed to the by-law on several grounds. It was
felt that overhanging signs were necessity to facilitate tourist traffic.
The new by-law would also require a business to obtain a sign permit from
the Region as well as the City, and this was viewed as an overlapping of
government responsibility. The Building & Development Co-ordinator further
advised that additional submissions will be made by other business groups
affected by the proposed by-law, stating their opposition.
Alderman Mann advised that he supperted the groups in their opposition
to the by-law, but questioned the wisdom of having Centre Street, Clifton
Hill and Victoria Avenue revert to the Jurisdiction of the City. Because
of the high cost of maintenance on roads, the Alderman felt the City should
not take such action.
Alderman Chessman felt the Region should not become involved with signs
in the City, even though they are on Regional roads. The Alderman felt this
matter should be dealt with by the City, and this move by the Region should
be rejected.
Alderman Thomson felt the City should support the opposition of the
business groups and advise the Region accordingly outlining the reasons
set out by Mr. Paul. With respect to the question of the three roads,
Alderman Thomson pointed out that the City has run into problems when
major commercial roads are under the Jurisdiction of the Region, this
being the main reason for Queen Street reverting to the Jurisdiction of
the City a number of years ago. The Alderman suggested that staff should
investigate the possibility of assuming these roadways, whether or not
there would be a substantial cost differential, and whether the Region
would be agreeable to an exchange of roadways. If the costs were not
prohibitive, the Alderman felt it might be advantageous for the City to
assuage,responsibility for the roadways.
-4-
Following further comment, it was moved by Alderman Thomson, seconded
by Alderman Cheesman, that the Region be advised of the City's opposition
to the proposed Regional sign by-law, and further that staff investigate
the possibility of the City assuming jurisdiction over Centre Street, Clifton
Hill and Victoria Avenue. Carried Unanimously.
SITE FOR PROPOSED REGIONAL HEADQUARTERS
Report No. 218 - City Solicitor - The report advises that a revised agreement
has been executed by Bright's respecting the proposed regional headquarters
site. If the agreement is acceptable to Council, the resolution and by-law
respecting this matter may be passed.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that
the report be received and adopted, and that the by-law authorizing the
agreement with T.G. Bright & Co., Limited, be brought forward for consideration
at this time. The motion Carried with Alderman Sobol voting contrary, and all
others voting in fayour.
BY-LAW
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that
leave be granted to introduce the following by-law, and the by-law be read a
first time:
No. 78-88 - A By-law to authorize the execution of an agreement with T.G. BrigM
& Co., Limited respecting a site for the proposed Regional headquart
building.
Carried with Alderm;
Sobol voting contrar
and all others vott
in favour.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the
following by-law be now read a second and third time:
No. 78-88 - A By-law to authorize the execution of an agreement with T.C. Bright
& Co., Limited respecting a site for the proposed Regional headquart
building.
Carried with Aldem~
Sobol voting contra:
and all others voth
in fayour.
RESOLUTION
No. 36 - CHEESMAN - THOMSON - RESOLVED that (1) This Council support an
application of T.O. Bright & Co., Limited to have it~ land described as all
those parts of Township Lots 7 and 14 of the former Township of Stamford, now
in the City of Niagara Falls, designated as Part 3 on a reference plan deposite~
in the Land Registry Office for the Registry Division of Niagara South as
Plan 59R-1198 included within the urban areas boundaries of the Policy Plan
of The Regional Municipality of Niagara; (2) This Council support an applicat~
of the said T.G. Bright & Co., Limited for the development of the said land
described in paragraph 1 as a residential plan of subdivision for one family
dwellings and two family dwellings in accordance with the policies of the
City's present Official Plan; (3) This Council recommend to succeeding
Councils the support of the applications described in paragraphs 1 and 2 Of
this resolution; AND the Seal of the Corporation be hereto affixed.
Carried with Aldem
Sobol voting cont~
and all others votfi
,in fayour.
RENTAL OF EQUIPMENT FOR WEED CONTROL
Report No. 219 - City Manager - The report provides information requested by
Council with respect to the awarding of the tender for rental of equipment for
weed control. The report recommends that Mr. D. Goslin be awarded the work
for mowing of weeds where his equipment is adequate, and where it is not
adequate, the mowing be awarded to Mr. E. Hurthie, and that Mr. Murchie be
awarded all spraying of weeds with chemicals.
In response to a question raised by Alderman Stewart, the Maintenance
and Operations Engineer advised that under a previous contract, Mr. Coslin
-5~
had cut most of the private lots because his equipment was adequate.
Fir. Murchie did all of the spraying under the chemical weed control portion
of the contract. Alderman Stewart pointed out that Mr. Goslin's equipment
did not meet the requirements in the contract specifications not only on the
cutting swathe, but in horsepower. The Maintenance & Operations Engineer
stated that the contract called for equipment over fifty horsepower and under
fifty horsepower, and if the contractor can perform the work with the lesser
horsepower than the contract specifications have been met. If the lesser
horsepower equipment is not adequate, than the work would be performed by
the contractor submitting the lowest price on the larger piece of equipment.
Mr. E. Murchie stated that the contract did not call for equipment to
be either over or under fifty horsepower, but specified the equipment must be
forty horsepower and over. Mr. Murchie referred to the report which stated
that if Mr. Goslin's equipment is not adequate, his equipment would be used,
and stated that he could not have his equipment on standby without receiving
any payment.
During the discussion on this matter, additional information was
supplied by the Director of Municipal Works and the Maintenance & Operations
Engineer in response to questions raised. Several members of Council
felt that the contract should not be split between two contractors, and
suggested that a more careful examination of the equipment should take place
to ensure that it meets contract specifications.
Following further comment, it was moved by Alderman Stewart, seconded
by Alderman Fera, that the report be received and filed, and the tenders for'
cutting of weeds and chemical weed control be awarded to Mr. E. Murchie.
The motion Carried Unanimously.
RENTAL OF EQUIPMENT FOR THE LANDFILL SITE
Report No. 220 - City Manager - The report provides information on the weight
of the equipment supplied by Duffin Construction for use at the Landfill Site.
It is recommended that Council's award for the rental of equipment at the
Landfill Site to Duffin Construction on April 10, 1978, be upheld.
Alderman Fera stated that the report recommending award of the tender to
Duffin Construction indicated the firm had satisfactory equipment which met
the contract specifications, when in fact a bulldozer had been working at the
Landfill Site that does not meet the City's specifications. According to
several equipment brouchures on this type of equipment, the Alderman pointed
out that the basic weight indicated by the manufacturer for the substitute D6
bulldozer was less than the minimum 40,000 lbs. specified in the contract
and considerably less than the 56,000 lbs. indicated in Duffin Construction's
tender. The Equipment Superintendent stated that the manufacturer's basic
weight of a piece of equipment had nothing to do with what that equipment
could Weigh with attachments in operating capacity. As long as the equipment
weighs more than the 40,000 lbs. specified in the contract, the conditions
had 'been met and the D8 bulldozer now at the site did meet the specifications.
In response to a further question raise~'by Alderman Fare, the Equipment
Superintendent advised that when Veterans Unlimited was awarded the contract
originally, Mr. Duffin had sent the tendered D8 bulldozer out for routine
maintenance work. When the City had contacted Mr. Duffin to advise him that
he had now been awarded the contract because Alcopa Construction had withdrawn
its tender, Mr. Duffin was asked and agreed to supply a substitute piece of
equipment.
In response to a question raised by Alderman Jaluvka, the Director of
Municipal Works advised that the contract allows a substitute piece of
equipment in case of breakdown of the prime equipment. When Duffin Construction
was notified that its tender had been accepted by Council, he had already sent
the D8 bulldozer away for repairs. It was agreed that the substitute D6 would
be supplied on a temporary basis until the tendered D8 bulldozer was available.
The D8 bulldozer was repaired and is now working at the site, and the contract
specifications have therefore been met.
Alderman Dilts stated that the weigh slips attached to the report
differed slightly from the copies at Walker Bros. where the equipment had been
weighed, and questioned whose signature appeared on the slip. The Equipment
Superintendent stated that he could only report what he had seen when the
equipment was being weighed. The equipment was put over the scales and the
weigh 'slip was given to the operator of the float and then to the Equipment
Superintendent. It was further advised that the float was not weighed
-6-
empty since the regular empty slip for the machine was registered. Alderman
Dilts also stated that a contractor from outside the City had been hired
causing two local people to be out of work. The Equipment Superintendent
stated that it was his understanding Mr. Duffin had hired the operators
working previously for Alcopa Construction, and the jobs had been saved. In
response to a further question raised by Alderman Dilts, the Equipment
Superintendent advised that the new contract had been awarded on April 3, 1978,
The previous contractor removed his equipment on April llth and Mr. Duffin
who has been working since that date, has not been paid due to the questions
raised regarding the equipment.
Mr. F. Susin conmented that according to the report, the substitute D6
bulldozer weighed 44,700 lbs., and in his opinion, it was impossible for that
piece of equipment to weigh that much. The manufacturerfs specifications for
the D6 show it weighing 31,000 lbs. Alderman MacBain asked what the advantage
would be in having added attachments on the equipment to bring the weight of
the equipment to over 40,000 lbs. Mr. Susin stated that it would be a
disadvantage in having the extra equipment, the machine would be heavier and
harder to work, and would reduce productivity.
Alderman Schisler pointed out that the City had already approved the
contract to Duffin Construction and could not award the contract to another
contractor at this time. The Alderman suggested that Council should obtain
an opinion from the City Solicitor on the status of the contract. The City
Solicitor agreed that the matter should be investigated further.
Following further discussion, it was moved by Alderman Schisler, seconded
by Alderman Chessman, that the matter be tabled for further information. The
motion Carried with the following vote:
AYE: Aldermen Cheesman, Dilts, Jaluvka, MacBain, Mann, Schisler, Sobol and
NAYE: Aldermen Fete, Orr and Stewart.
SPRI/~KLER SYSTEM POLICE PARK
Report No. 221 - City Manager - The report recommends that the installation
of the irrigation system be deferred for consideration_~n 1979.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
CITY-WIDE COMMERCIAL UPDATE
Report No. 222 - City Manager - The report recommends that Council consider
the proposal of A.V. Crate and Larry S. Smith to carry out a City-wide commerci~
update at a maximum cost to the City of $11,000.00.
Alderman Thomson referred to the meeting of the 'Planning & Development
Committee held the previous week, and a comment of the City Manager in response
to a question on the matter. The City Manager had indicated that Council had
approved the commercial update study in principle. The Alderman pointed out
that Council had approved the preparation of a commercial update study by the
Planning Department staff in May of 1977, but this decision had not been made
in principle. The City Manager advised that he interpreted the question as
~hether Council had approved the study itself, and that was why he had answered
the question in that way. Alderman Thomson pointed out that the study was to
be tied in with the Railway Relocation study, and it had also been decided. to
wait until Niagara Square had been open for several months before commencing
the study, however this information had not been supplied to Council.
Alderman Orr commented that once the study fs completed, .it would be
possible for Council to take advantage of the Downtown Revitalization Programme,
and only one year remained in the ProSranme for Council to obtain funding.
Following further discussion, it was moved by Alderman Fete, seconded by
Alderman Dilts, that the report be received and adopted. Carried Unanimously.
LIABILITY CLAIMS: MRS. &MRS. A. BRIDEAUANDMR. F. ABBRUSCATO
Report No. 223 - City Manager - The report provides information on the subject
claims and the criteria used by the Cityts insurance agent in denyfn8 the clays
*'~The report also advises that the adjusters for the Insurance firm have agreed
to make personal Inspections to properties which are the subject of substantial
claims in order to obtaln first-hand knowledge of the damages. The report
further states that the insurance firm has suggested that any member of Council
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receiving complaints regarding insurance claims, should make no commitment
as to whether or not the Insurance Company will settle the claim. All claimants
should be instructed to submit claims in writing to the City Clerk.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
COMMUNICATIONS
No. 53 - Regional Municipality of Niagara - Re: Policy for Dedication of Land
for Road Widening Through Development Applications. The communication requests
the comments of the Municipality with respect to the subject policy.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the communication be referred to staff for the preparation of a report.
Carried Unanimously.
No. 54 - Premier William Davis of Ontario - Re: Family Unity Month. The
communication requests that the City participate in observance of Family Unity
Month during May.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the
City support the concept of Family Unity Month during May of 1978. Carried
Unanimously.
No. 55 - Treasurer of Ontario - Re: Anti-Inflation Program. The communication
solicits the support of the Municipality for continued restraint on public
expenditures upon termination of the Anti-Inflation Program.
ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the
communication be received and filed. Carried Unanimously.
No. 56 - Niagara South Board of Education - Re: Clearing of Snow from Sidewalks
for School Children. The communication requests the municipalities within the
Niagara South Board of Education district to have sidewalks cleared of snow so
that children do not have to walk on busy thoroughfares to get to school.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Jaluvka, that
the Board be informed of the City's current policy with respect to sidewalk
snowplowing. Carried Unanimously.
No. 57 - Niagara South Board of Education - Re: School Transportation Facilities.
The communication advises of certain recommendations adopted by the Board with
respect to school transportation facilities.
Alderman Thomson referred to one of the recommendations adopted by the
Board relating to the establishment of a safety cummittee, and suggested that
the City participate in the Committee. The Alderman also commented on the
fact that a report would be forthcoming on maintenance of the pathway used
by children in the area in travelling to and from school. The Director of
Municipal Works pointed out that the pathway is on private property, and
the City could have problems in carrying out maintenance.
ORDERED on the motion of Alderman Thomson, seconded by Alderman MacBain, that
the City participate in the proposed safety committee by the appointment of
a member of staff. Carried Unanimously.
No. 58 - Niagara Peninsula Conservation Authority - Re: Filling of Lyons Creek
at Crowland Avenue. The communication requests that the City reconsider
coStinned filling in Lyons Creek and stabilize with vegetation the area on
Crowland Avenue which has been filled to date.
The Director of Municipal Works provided additional information in
response comments made by Alderman Schisler.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobol, that the
communication be referred.to staff for the preparation of a report. Carried
Unanimously.
No. 59 - Bell Canada - Re: Proposed Port Robinson Exchange. The communication
advises that the cost of providing the City of Niagara Falls with a Port Robinson
line to eliminate long distance charges for city residents in the former
Crowland area would be $92.75 monthly.
Alderman Schisler pointed out that all the residents in Crowland were not
on the Welland exchange and suggested that a record could be kept on the number
of calls comin8 in to the City Hall to determine if a Port Robinson line was
warranted. Alderman Themeon felt that the cun~ents of the residents should
be obtained, and possibly the residents could call collect in order to determine
the number of calls the City might receive from residents on the Welland exchange.
His Worship, Mayor Buke, tor felt that Council should have a report prepared
on the matter.
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ORDERED on the motion of Alderman Thomson, seconded by Alderman Jaluvka, that
the matter be referred to staff for the preparation of a report. Carried
Unanimously.
No. 60 - Mr. J.A. Sissons - Re: Presentation of Coat of Arms for the Perth
and Kinross District Council, Scotland. The communication advises that the
Council of the City of Perth, Scotland, has presented the City with the Coat
of Arms for the Perth and Kinross District Council.
ORDERED on the motion of Alderman Jaluvka~ seconded by Alderman Stewart, that
the communication be received and filed. Carried Unanimously.
NOTE: Alderman Orr retired from the meeting.
No. 61 - Alderman C. Cheesman- Re: Timing of Budget. The communication propas~
a suggested budget setting procedure for the City.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Thomson, that
the communication be referred to staff for consideration during the preparation
of a report on budget determinations as suggested by Alderman MacBain. Carried
Unanimously.
REPORTS
No. 224 - Planning & Development Committee - Re: Am-24/75, N.P.H.B. Land
Developments, Proposed Ascot Woods Subdivision Ext. II, Phase III. The report
recommends passage of a by-law to bring the proposed plan in conformity with
the restricted area by-law.
AND
Communication No. 62 - Mr. Peter S. Mann - Re: Proposed Ascot Woods Stage 2
Subdivision, West Side of Montrose Road. The communication outlines the
objections of a group of companies located in the industrial zone on Montrose
Road and Kent Street.
In response to questions raised by Alderman Chessman regarding the
objections raised in the communication, the Planning Director felt that a
number of the statements made were the opinion of the writer and not
necessarily an indication of future developments. The Planning Director
also explained that the town housing which would act aea form of buffer
between the industrial lands and the subdivision, has more flexibility
than single family housing in that it can back on to the main road or against
the industrial lands.
Alderman Jaluvka asked the City Solicitor if he could connent on the
prospects that the industries might have third party action against the City
in the event that residents in the new subdivision take legal action against
any of the industries adjacent to the subdivision. The City Solicitor
pointed out that City Council is not the approving a~thority for the zoning
amendment or the proposed plan of subdivision. Council is in the position
to receive the facts and weigh the advantages and disadvantages of permitting
a residential development in the area. The objectors will have the right
to object, and the letter of objection should be forwarded to the Region as
well since it is involved in the approval process. The City Solicitor further
tormented that he was not particularly concerned over the threat of third
party proceedings. "
Alderman Schisler pointed out that the letter of objection is on record
and it should be made clear that residents of the subdivision would be
living next to an industrial area, and there would be little Justification
for future complaints against the industries. Alderman MacBain also commented
that the subdivision had been in the development process for several years
prior to the current Council, and it would be almost impossible for Council
to go back on any of the earlier approvals given.
Mr. J. Long of Damas & Smith offered information on a number of the
concerns raised in the letter of objection. With respect to the matter of
traffic and public safety, Mr. Long explained that all of the lots will back
on to Montrose Road and there would be no attractions on the other side of
Montrose Road for children in the subdivision. One of the conditions of
approval for the draft plan of subdivision was that a landscaping berm be
provided on the east boundary of the plan adjacent to Montrose Road to the
. Cityws satisfaction, Prior to final approval of the subdivision, a noise
· study will be prepared and submitted to the Ministry of Environment and the
Region, and all findings of the study will be implemented to the Region*s
satisfaction. Noise monitorinS by ~e M,O,E, has already been done in this
tabard. Discussions.have also been held on settin8 criteria for noise
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protection for residential development, and that type of treatment would be
required in giving approval to the final plan and would be written into the
subdivision agreement.
Following further conuncut, it was moved by Alderman Fera, seconded by
Alderman Stewart, that the report be received and adopted. Carried Unanimously.
See Resolution No. 37
See By-law No. 78-89
No. 225 - City Clerk - Re: AM-31/74, Restricted Area By-law 77-259, J. Moretta,
Proposed Apartment Buildings on St. Paul Avenue. The report advises that the
Ontario Municipal Board has appointed August 8, 1978 at 2:00 p.m. in the City
Hall 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. Carried Unanimously.
No. 226 - City Clerk - Re: AM-37/74, Restricted Area By-law 77-273, Wedgewood
Builders Limited, Proposed West Meadow Subdivision on the South Side of Thorold
Stone Road, West of Montrose Road. The report advises that the Ontario Municipal
Board has appointed August 9, 1978 at 11:00 a.m. in the City Hall 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. Carried Unanimously.
No. 227 - City Clerk - Re: AM-29/77, Restricted Area By-law 77-249, James
De La Matter - Proposed Nursery on the North Side of Chippawa Creek Road. The
report advises that the Ontario Municipal Board has appointed August 8, 1978
at 11:00 a.m. in the City Hall 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. Carried Unanimously.
No. 228 - City Clerk - Re: By-law 77-239, Acquisition & Clearance of Land in
Ryerson-Market Redevelopmerit Area, By-law 77-240 - Acquisition & Clearance of
Land in the Drummond South Area, By-law 77-241 - Acquisition & Clearance of
Land in the Woodbine Redevelopment Area, and By-law 77-247 - Reconstruction of
Willoughby Drive from Cattell Drive to 500' Southof Weinbrenner Road. The
report advises that the Ontario Municipal Board has appointed May 31, 1978
at 11:00 a.m. in the City Hall Council Chambers for the hearing of all parties
interested in supporting or opposing the subject applications.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the
report be received and filed. Carried Unanimously.
No. 229 - City Manager - Re: Purchase of New Equipment. The report recommends
the acceptance of the tender submitted by Champion Road Machinery Sales Limited
for the supply of a 180 H.P. Motor Road Grader.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the
report be received and adopted. Carried~nanimously.
See Resolution No. 38
No. 230 - City Manager - Re: Contract S.T. 4-78, Surface Treatment of Various
City Streets. The report recommends acceptance of the tender submitted by
NorJohn Contracting Ltd. for surface treatment of various City streets.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 39
See By-law No. 78-90
No. 231 - Recreation Commission - Re: Niagara Northwest Recreation Board. The
report reco~mLends the appointment of Reverend Bogdan ZJalich to the Niagara
Northwest Recreation Board.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
No. 232 - Recreation Commission - Re: Oakes Park Baseball Diamond. The report
recommends that no special events be scheduled for Oakes Park that will require
alteration to the field that could cause a hazardous condition for boys playing
baseball.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the
report ,be received and adopted. Carried Unanimously.
No. 233 - City Manager - Re: Canadian Institute of Planners' Annual Conference.
The report recommends the attendance of the Planning Director at the subject
conference to be held in Calgary, Alberta from July 30th - August 3rd, 1978.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
No. 234 - City Manager - Re: 1978 Symposium on Property Maintenance. The
report recommends the attendance of two members of the Building & Development
Department at the subject conference to be held in Toronto from May 28 - 30,
1978.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the
report be received and adopted. Carried Unanimously.
No. 235 - City Manager - Re: Canadian Building Officials Association Conference.
The report recommends the attendance of one member of the Building & Development
Department at the subject conference to be held in Winnipeg, Manitoba from
May 31 - June 2, 1978.
Alderman Cheesman requested that when the member of staff returned from
the conference, he investigate the possibility of applying the principles of
energy conservation to municipal operations.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
No. 236 - City Manager - Re: Joint Annual Conference of P.C.A.O. & A.P.C.A.
The report provides information on the proceedings of the subject conference
held in Toronto from April 30 - May 3, 1978.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that
the report be received and filed. Carried Unanimously.
No. 237 - City Manager - Re: O.T.C. Convention. The report recommends the at-
tendance of one member of staff and one member of Council at the subject
conference to be held in Scarborough from May 28 - May 31, 1978.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the
report be received and adopted, and Alderman Stewart be authorized to attend.
Carried Unanimously.
No. 238 - City Manager - Re: Ontario Arena Association Conference. The report
recommends the attendance of both Arena Managers at the subject conference to
be held in Sudbury from June 22 - 25, 1978.
ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 239 - City Manager - Re: Development Plan Approval - On-Street Townhouses,
Charnwood Subdivision on Armstrong Drive. The report recommends approval of tk
subject Development Plan as submitted.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Thomson, that the
report'be received and adopted. Carried Unanimously.
No. 240 - CityManager - Re: Site Plan Approval - Proposed 7 Unit Apartment Buff
on Portage Road. The report reco~nends approval of the subject site plan as
submitted.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Sobol, that the
report be received and adopted. Carried Unanimously.
NOTE: Alderman Mann was abeent when the vote was taken on this matter.
No. 241 - City Manager - Re: LaMarsh Drive. The report recommends the terminat! '
of a licence agreement between the City and Mr. & Mrs. R. Sexsmith for the ssbl!
road allowance in conjunction with the proposed Morrison Street extension, and
further that the City Solicitor be authorized to take the necessary steps to
dedicate the one foot reserve as a public roadway.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Thomson, that
the report be received and adopted. Carried Unanimously.
NOTE: Alderman Mann was absent when the vote was taken on this matter.
No. 242 - City Manager - Re: Proposed Storm Dralnage Channel - Acquisition of
Land from Conrail. The report recommends pageage of a by-law to authorize the
acquizition of land from Conrail for the purpose of a storm drainage channel
' and acceptance of an agreement between the City and Conrail respecting the
proposed storm drainage channel.
ORDERED on the motion of Alderman Thomson, seconded by Alderman gtewartj that
the report be received and adopted. Carried Unanimously.
NOTE~ Alderman Mann was absent when the vote was See By-law No. 784
taken on this matter ......
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No. 243 - City Manager - Re: Amendment to Subdivider's Agreements Bembi
Estates Subdivision - R.P. M-58. The report recommends passage of a by-law
to permit development of those lots in the plan which are not backing directly
on the acoustic barrier between the subdivision and the Q.E.W.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the report be received and adopted. The motion Carried with Alderman Jaluvka
abstaining on a conflict of interest, and all others voting in favour.
NOTE: Alderman Mann was absent when the vote was
taken on this matter.
See By-law No. 78-92
No. 244 - City Manager - Re: Chippawa Public Utilities Commission Annual
Remuneration. The report recommends approval of a request from the Chippawa
P.U.C. to increase the remuneration of the Chairman to $780 per annum and
$624 per annum for the members.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously;
NOTE: Alderman Mann was absent when the vote was
taken on this matter.
No. 245 - City Manager - Re: Proposed Amendments to the Dog Control By-law.
The City Clerk advised that the report had been withdrawn.
No. 246 - City Manager - Re: Annual Report of the Municipal Works Department,
The report provides information on the activities of the Municipal Works
Department for the year 1977.
Alderman Thomson suggested that the report be tabled for two weeks to
allow the members of Council more time to review its contents.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be tabled. Carried Unanimously.
NOTE: Alderman Mann was absent when the vote was taken on this matter.
No. 247 - City Manager - Re: Use of Niagara Falls Arena for Conventions. The
report recommends that the rental fee for use of the Niagara Falls Arena for
the Lions Club convention be set at $3,500 plus any specific expenses.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
No. 248 - City Manager - Re: Parking Adjacent to Fern Avenue Park. The
report recomaends that parking be prohibited at all times along Fern Avenue
adjacent to Fern Avenue Park.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
No. 249 - City Manager - Re: Four-Way Stop at Ellen & Centre. The report
recommends preparation of a by-law to allow the erection of stop signs on
all four approaches to the intersection of Ellen Avenue and Centre Street.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
No. 250 - City Manager - Re: Lighting on Stanley Avenue Bridge. The report
recommends that the Region be requested to provide street light bases and
conduits on the Stanley Avenue bridge over the Welland River at a cost to the
City not to exceed $6,500.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fete, that.
the report be received and adopted. Carried Unanimously,
No. 251 - City Manager - Re: Stop and Yield on Pin Oak Drive at McLeod Road.
The report recommends the preparation of by-laws to authorize the erection of a
stop sign on the northbound approach of Pin Oak Drive to McLeod Road and a
yield sign on the right turn channel from Pin Oak Drive to McLeod Road.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
No. 252 - City Manager - Re: Parking Meter Rates - Tourist Area. The report
recommends the preparation of a by-law to increase the on-street parking
meter rates in the tourist area from Victoria Avenue at Hwy. 20 to Ferry
Street at the hydro right-of-way west of Stanley Avenue. It is further
reconxn~nded that the City Manager be authorized to acquire the necessary
meter parts to carry out the change.
..... 12
- 12 -
Alderman Thomson stated that although the Municipal Parking Committee
had been in favour of this recommendation, he would have liked to have seen
more comment from the businesses in the area.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that
the report be tabled and notification sent to the businesses in the area of
the City's intention to increase the on-street parking meter rates. Carried
Unanimously.
No. 243 - Loan Review Committee - Re: Applications for Assistance. The report
recommends approval of seven applications for assistance under the Ontario Home
Renewal Program.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the
report be received and adopted. Carried Unanimously.
No. 244 - City Manager - Re: Building Permits. The report provides a breakdo~
of the permits issued by the Building & Development Department for the month of
April, 1978.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the
report be received and filed. Carried Unanimously.
No. 245 - City Manager - Re: Municipal Accounts. The report reconmends payment
of the municipal accounts.
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
RESOLUTION
No. 36 - SEE PAGE 4
No. 37 - FERA - STEWART - RESOLVED that By-law. No. 78-89~for the rezoning of
part of Township Lots 105 and 116, situated on the west side of Montrose Road,
conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area
as amended and approved, and Official Plan Amendment No. 61 of the Niagara
Falls Planning Area as approved by the Minister of Housing; AND the Seal of
the Corporation be hereto affixed.
Carried Unanimously
No. 38 - THOMSON - MANN - RESOLVED that the price submitted by Champion Road
Machinery Sales Limited in the amount of $65,936.00 for the supply of one 180
Horsepower Motor Road Grader be accepted; AND the Seal of the Corporation be
hereto affixed.
Carried Unanimously
No. 39 - THOMSON - MANN - RESOLVED that the tender submitted by NorJohn
Contracting Limited for surface treatment of various city streets, be accepted
at the tendered amount of $151,408.00; AND the Seal Of the Corporation be
hereto affixed.
Carried Unanimously
BY-lAWS
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Stewart, that
leave be granted to introduce the following by-laws, and th~Jby-laws be read a
first time:
No. 78-85 - A By-law to authorize the execution of an agreement with Earl.Murch!
for chemical weed control.
No. 78-86 - A By-law to authorize the execution of an agreement with Earl Murch!
for mowing weeds on private lots.
No. 78-87 - NOT PASSED
No. 78-88 - SEE PAGE FOUR
No. 78-89 - A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the
Township of Stamford, now in the City of Niagara Falls, as amended.
(N.P.H.B. Ascot Woods)
No. 78-90 - A By-law to authorize the execution of an agreement with NorJohn
ContractinS Limited for surface treatment of roads.
No. 78-91 - A Byrlaw to authorize the acquisition of land for the purpose of a
storm drainaSs channel, (Con-Rail - NcLeod Road)
..... 13
- 13 -
No. 78-92 - A By-law to authorize the execution of an amending agreement with
B.E.N. Developments Limited. (Bambi Estates Subdivision)
No. 78-93 - WITHDRAWN
No. 78-94 - A By-law to amend By-law No. 3790, being a by-law for the regulation
of traffic.
No. 78-95 - WITHDRAWN
No. 78-96 - A By-law to allow the maintaining and using of a building which
encroaches on Niagara Street.
No. 78-97 - A By-law to provide monies for general purposes.
Carried with Alderman
Jaluvka abstaining on
a conflict of interest
on By-law 78-92, 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. 78-85 - A By-law to authorize the execution of an agreement with Earl Murchie"
for chemical weed control.
No. 78-86 - A By-law to authorize the execution of an agreement ~ith Earl Murchie
for mowing weeds on private lots.
No. 78-89 - 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.
(N.P.H.B. Ascot Woods)
No. 78-90 - A By-law to authorize the execution of an agreement with NorJohn
Contracting Limited for surface treatment of roads.
No. 78-91 - A By-law to authorize the acquisition of land for the purpose of a
storm drainage channel. (Con-Rail - McLeod Road)
No. 78-92 - A By-law to authorize the execution of an amending agreement with
B.E.N. Developments Limited. (Bambi Estates Subdivision)
No. 78-94 - A By-law to amend By-law No. 3790, being a by-law for the regulation
of traffic.
No. 78-96 - A By-law to allow the maintaining and using of a building which
encroaches on Niagara Street.
No. 78-97 - A By-law to provide monies ~o~ general purposes.
Carried with Alderman
Jaluvka abstaining on
a conflict of interest
on By-law 78-92, and
all others voting in
fayour.
NEW BUSINESS
TRAFFIC LIGHTS - THOROLD STONE ROAD AND KALAR ROAD
Alderman Sobol advised that it had come to her attention that the Region
was studying the installation of traffic lights at the intersection of Thorold
Stone Road and Kalar Road, and that a request from the City to have the lights
installed would be in order, It was moved by Alderman Sobol, seconded by
Alderman Thomson, that the the Region be requested to install traffic lights
at the intersection of Thorold Stone Road and Kalar Road. Carried Unanimousl1.
BARKING OF DOGS
Alderman Thomson referred to the number of complaints he and other members
of Council receive reSardinS the barking of dogsT and the inability of
- 14 -
residents to control the matter. The Alderman further advised that the City's
anti-noise by-law does not make specific mention of the barking of dogs. The
City of Welland has passed a by-law dealing with barking of dogs specifically.
Alderman Thomson stated that because of implications involved in passing a
comprehensive anti-noise by-law, it might be advantageous to study the Welland
by-law and determine if such a by-law would be of use in Niagara Falls.
Alderman Sobol also made reference to the "stoop and scoop" by-law passed
by another municipality, and suggested that this matter be reviewed as well.
The City Clerk pointed out that the "stoop and scoop" by-law was a very
controversial matter and somewhat difficult to enforce. It was further pointed
out that one of the suggested amendments to the City's dog control by-law
would require owners to have their dogs under control on a 6' lead, and this
could solve part of that problem.
It was moved by Alderman Thomson, seconded by Alderman Sobol, that both
matters be referred to staff for further investigation. Carried Unanimously.
PARKING IN DOWNTOWN AREA
Alderman Thomson stated that during discussions on the recent parking
controversy involving employees in the downtown area, mention was again made
regarding the large Federal buildings in both the Downtown and Main and
Ferry areas and the lack of adequate parking facilities provided for their
employees. When contact had been made with the officials in these buildings,
they had expressed the opinion that they were not responsible for providing
parking space for their employees and it was the responsiiblity of those
employees to find their own parking facilities. Alderman Thomson felt that
this had contributed to the parking problems in these areas, and that contact
should again be made with Federal officials to assist in relieving the parking
problem in the business areas. It was moved by Alderman Thomson, seconded
by Alderman Fera, that staff contact the appropriate Federal officials in
this regard. Carried Unanimously.
COUNCIL PROCEDURE
Alderman Mann suggested that during debate on certain issues, there had
been a tendency on the part of Council in not following the rules of procedure
set out in the by-law. The Alderman felt that there ~hbuld be more respect
shown for the rules of procedure in the future.
WEIGHTMAN BRIDGE IN CHIPPAWA
Alderman Dilts requested staff to contact the Region and ask if arrange-
ments could be made to have the bridge in Chippawa painted.
RAIL SERVICE TO NIAGARA FALLS
Alderman Cheesman advised that recently a new railway administration
entitled "VIA" had been established through the merger of the CN and CP
passenger services. VIA is in the process of terminating various passenger
services, and Niagara Falls could be affected by such action. The Alderman
felt that the City should make representation to the appropriate Federal
authorities in order to determine if such action is being contemplated.
The City Clerk advised that the City had received notification that CN was
considering the termination of rail service to Niagara Falls, and if such
action was to be taken, the City would have an opportunity to make
representation to the Federal Government requesting that the service be
continued. The City Clerk further indicated that he would pursue the matter
with the appropriate officials.
':******
It was moved by Alderman Mann, seconded by Alderman Stewart, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED, _
MAYOR
FIFTEENTH MEETING
Committee Room #1
May 29, 1978
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole on Monday, May 29, 1978 at
7:00 p.m. All members of Council were present with the exception of
Aldermen Crows and Stewart. Alderman Mann presided as Chairman.
Following consideration of the items presented, the Committee of
the Whole arose without
READ ANDADOPTED,
MAYOR
Council Chambers
May 29, 1978
Council met on Monday, May 29, 1978 at 7:30 p.m. for the pRrpose of
considering general business. All members of Council were present with the
exception of Alderman Stewart. His Worship, Mayor Bukator presided as
Chairman.' Alderman Thomson. offered the Opening Prayer.
ADOPTION OF MINUTES
With respect to the May 1st, 1978 Council minutes, Alderman Chessman
requested that he be shown as abstaining from voting on a conflict of interest
on Communication No. 41, Page 3.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the
minutes of the Council meeting held on May 1, 1978, be adopted as amended.
Carried Unanimously.
DEPUTATIONS
MR. R. GIROLAMETTO - PROPERTY AT 2794 PORTAGE ROAD
Report No. 256 - City Manager - Re: Horses in Residential Areas. The report
advises that the City does not have a by-law prohibiting the keeping of horses
in specific areas, although authority is provided in the Municipal Act for
passing of such a by-law.
Mr. R. Girolametto of 5999 Theresa Street, was granted permission to
address Council on the motion of Alderman Cheesman, seconded by Alderman
Thomson. Mr. Girolametto advised that the owners of the property at 2794
Portage Road own three horses,and two St. Bernard dogs, Among the problems
being experienced by the residents in the area, are continuous barking from
the dogs, manure left on the property and on boulevards, odour from the
manure and dog excrement, long grass,-weeds and rubbish on the property,
the dogs are allowed to run loose scaring children in the area, and flies
and mosquitoes attracted to the yard make it impossible for neighbouts to
sit outside. Several other residents in the area provided additional
information on this problem.
Alderman Thomson advised that this had been a constant problem to the
residents during the last several years, and comments should be obtained
from those departments having Jurisdiction, on how the problem can be solved.
It was moved by Alderman Thomson, seconded by Alderman Chessman, that the
matter he referred to staff. Carried Unanimously.
R. A.T. MCLAREN - PROPERTY ON KALAR ROAD
Mr, A.T. McLarcn was granted permission to address Council on the motion
of Alderman Mann, seconded by Alderman Orr. Mr. McLaren advised that he is
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one of the owners of a piece of property at the corner of Kalar Road and
Beaverdams Road, and communication has taken place over the last few years
with various City departments regarding this property. Mr. McLaren advised
that Reverend F. Vaughan has been trying to acquire two acres of the property
for a church site. Sale of the two acres for the church site would involve
the relocation of a road allowance in the Ascot Woods Extension I Subdivision
in order to accommodate the development of the remaining forty-eight acres
of land. Mr. McLaren made reference to a letter written by a member of the
City's Planning Department to N.P.R.B. Land Developments, developers of the
Ascot Woods Extension Subdivision, regarding the proposed relocation of the
road allowance. Mr. McLaren felt that any correspondence regarding this
property should have been directed to his firm, and not that of the adjacent
property owner.
The Senior Planner advised that the letter written to N.P.H.B. Land
Developments Ltd. had been sent to correct a statement made by that firm
in one of their communications to the Ministry of Housing. Mr. G. Schneider
had stated in his letter that the City had requested the relocation of the
roadway, and the City's letter was pointing out that the request had not
originated with the City, but with Mr. McLaren and the group he represents.
The City Clerk further advised that the matter of relocating the proposed
roadway would be finalized shortly, and a report would be prepared for the
consideration of Council.
Following further comment, it was moved by Alderman Cheesman, seconded
by Alderman Thomson, that the matter be referred to staff. Carried Unanimously
UNFINISHED BUSINESS
RENTAL OF EQUIPMENT FOR LANDFILL SITE
Report No. 257 - City Manager - The report provides further information on the
weight of equipment supplied by Duffin Construction for use at the Landfill Site
The report recommends that the award of the contract to Duffin Construction on
April 10, 1978, be upheld because the equipment complies with the contract
specifications.
Mr. V. Muratori, solicitor for Duffin Construction, was granted permission
to address Council on the motion of Alderman Thomson, seconded by Alderman Jal~
Mr. Muratori stated that Mr. Duffin had been advised by the City that his
tender was the third lowest submitted, and the contract would be awarded to
a different contractor. At that time, the machine in question a D8 bulldozer
was sent off for routine maintenance and repairs. On April 10th, 1978, City
staff contacted Mr. Duffin to advise that the first and second tenders had
been withdrawn and the equipment was needed at the Landfill Site. Mr. Duffin
advised staff that his D8 was not available, however~aD6 could be used until
the D8 was repaired. The D6 is a more powerful machine, and Mr. Duffin did
not want to leave it there too long. The machine on the site at the present
time meets the weight specification and therefore satisfies the terms of the
contract.
Alderman Yera pointed out that Council had not,been advised. that the D6
was to be used on a temporary basis, and the previous report recommending
acceptance of Duffin's tender lead Council to believe that the D8 met the
contract specifications and weighed 56,000 lbs. as indicated by Mr. Duffin.
The Alderman felt that if a contractor was unable to supply the equipment-
tendered, the contract should have been awarded to the next tendeter which
would be the combined price submitted by Nisus Construction. The contract
documents stipulate that a contractor has forty-eight hours to provide
substitute equipment in the event of a breakdown, and this may be extended
by the Director of Municipal Works or his representative. Alderman Fera felt
that an extension of the forty-eight hours to three weeks was a complete
violation of the rules. The Alderman asked why Duffin Construction has
refused to have the D6 bulldozer weighed on two separate occasions, and why
there was a discrepancy between the weights supplied by Duffin Construction
for the equipment and the weigh slips at Walker Bros.
Alderman Dilts advised that he did not doubt the fact that the D8 bulldoze~
at the site weighed more than 40,000 lbs., but pointed out that Council had
accepted the Duffin Construction tender on the basis of a 56,000 lb. D8 bulldoz~
being supplied. The Alderman felt that there had not been the emergency situst~
at the Landfill Site as indicated in the report, since the City could have
obtained two other pieces of equipment from another contractor at 15¢ an hour
more. Although the contract allowed forty-eight hours for a replacement of
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the prime equipment, why had the City continued with the D6 bulldozer on the
site if it was not acceptable according to contract specifications. Alderman
Dilts also stated that since the D8 bulldozer had been sent away for repairs,
it would have had to go for repairs anyway, even if Duffin Construction had
been successful in the tender at the start. Alderman MacBain agreed that the
original question was whether or not the D6 bulldozer weighed less than 40,000
lbs., and the report had only confused the issue. Council had simply wanted
confirmation of the weight of the D6 bulldozer. Alderman Jaluvka stated that
the inference was that the D6 bulldozer weighed less than 40,000 lbs, and if
that was the case, it did not meet the specifications.
The Director of Municipal Works explained that Council had requested
staff to determine the weight of the equipment. A report was submitted
providing the weights of both the D6 and D8 bulldozers, and the questions were
raised as to whether or not the weigh slips were correct, and what the legal
implications of the matter would be. The D6 bulldozer was not available to
be weighed, so the float used to weigh the equipment previously, was weighed
again. At that time a question was raised on the weight of the float, and
arrangements were then made to weigh the D8 bulldozer again. It was confirmed
that the D8 bulldozer weighed more than 40,000 lbs. and did meet the contract
specifications. The Director of Municipal Works also pointed out that there
was no starting date mentioned in the contract, and Duffin Construction could
have waited until the D8 bulldozer was repaired to start work.
In response to a question raised by Alderman Chessman, Mr. Muratori advised
that the D8 bulldozer had been sent out for routine maintenance when the contract~
had been awarded to a different contractor. Part of the maintenance involves
replacement of any worn parts, and it was found that certain parts were not
available causing a delay in having the D8 bulldozer returned. If Mr. Duffin
had been awarded the contract, he could have supplied the reserVeD8 bulldozer.
Since the contract was awarded to Veterans Unlimited originally, Mr. Duffin
connnitted the second D8 bulldozer to another project. With respect to the
matter of the forty-eight hours allowed for substitution, Mr. Muratori felt
that this clause referred to breakdowns during the course of the contract,
whereas Mr. Duffin was called at the beginning of the contract. In addition,
the clause indicates that the substitute must be a similar or better piece
of equipment, and as far as performance was concerned, the D6 bulldozer
performed the work to the satisfaction of the City.
The Deputy City Solicitor stated that although there is no written agreement
with the contractor, the contractor did rely on instructions from City staff to
bring the D6 bulldozer on the site. There is provision in the tender documents
for replacement, and if there had not been co-operation, Council could
reconsider the matter. The tender does not provide for the term of the work,
but it could be inferred that the term is one year since the bids are to
remain in effect until April 2, 1979. The Deputy City Solicitor further
advised that Mr. Duffin was not obligated to bring the equipment on to the
site at any particular time after he was informed that he now had the contract.
Mr. F. Susin was granted permission to address Council on the motion of
Alderman Mann, seconded by Alderman Sobol. Mr. Sustn stated that Mr. Duffin
had submitted a letter to the City claiming that the weight of the D6 bulldozer
was certified at 44,700 lbs. Mr. Susinhad a businessman in the City call
Mr. Duffin who advised that his D8 bulldozer was busy, but he did have a D6
bulldozer available, and yet when staff had attempted to have the D6 bulldozer
weighed, it was not available. Mr. Susin further stated that Mr. Duffin~s
tender listed the D8 bulldozer as weighing 56,000 lbs., and according to the
weigh slips, this weight has not been met.
Alderman Fera felt that under the circumstances, the tender should be
awarded to Nisus Construction. Alderman Schisler pointed out that the contract
had already been awarded to Duffin Construction, and Council could not give
a contract to Nisus Construction that had already been awarded to another
contractor.
Alderman Crowe stated that he was not satisfied that the tender conditions
have been met, and the validity of the contract due to the lack of a commencement
date. The Alderman felt the entire matter' could encroach on litigation, and
before Council took any further action, a legal opinion should be obtained
on what the consequences could be of what Council might or might not do, and
the position the City would be in if it went in any one direction. Alderman
Crowe cautioned Council to obtain more information before makin~ a decision.
-4-
Following further discussion, it was moved by Alderman Crows, seconded
by Alderman Thomson, that the matter be tabled for a legal opinion on the
validity of the contract and the options available to the City. The motion
Carried with the following vote:
AYE: Aldermen Crows, Jaluvka, MacBain, Schisler, Sobol and Thomson.
NAYE: Aldermen Chessman, Dilts, Fera, Orr and Mann.
REQUEST OF CORNWILL INVESTMENTS FOR EXPANSION OF URBAN AREA BOUNDARIES
Report No. 258 - City Manager - The report recommends that the matter of
urban development adjacent to agricultural lands be referred to the Regional
Municipality of Niagara stressing that the issue is in need of further study
toward a more equitable solution.
Alderman Sobol asked what the normal procedure was for an application to
extend the urban boundaries. The Senior Planner stated that there was no
normal procedure as yet. The Regional Official Plan has not been adopted as
yet, and hearings will be held shortly on the urban boundaries. In most
instances a person wishing an extension of the boundaries would require an
amendment to the local official plan because it generally corresponds. It
has been determined before by Council with respect to the City's Official
Plan, that the City's boundaries have some flexibility that the Regional
boundaries don't have. An applicant is really requesting Council's support
to go to the Ontario Municipal Board to plead his case.
Alderman Cheesman made reference to a statement in the report advising
that agricultural lands are used ~o provide buffering between farm operations
and residential development. The Alderman felt this was grossly unfair and
the overriding concern was the fact that the farm lands, and in this case,
Mr. Grandoni's lands, were there first. Alderman Chessman pointed out that
there are certain odours from farm operations, but these could be considered
normal natural process pollution. Alderman Schisler felt that a residential
subdivision adjacent to the Grandoni farm could put them out of business,
and he suggested that Council should deny the request of Cornwill Investments
to extend the boundaries.
Alderman Thomson pointed !out that there is little-control over development
of residential property encroaching on existing agricultural areas, and the
City could not make a decision until further study takes place on the whole
issue. It was moved by Alderman Thomson, seconded by Alderman MacBain, that
the report be received and adopted. The motion Carried Unanimously.
NOTE: Aldermen Crowe and Fera were absent when the vote was taken
on this matter.
1977 LABOURDISPUTE SURPLUS
Report No. 259 - City Manager - The report provides information on the surplus
funds resulting from the labour dispute which occurred in 1977.
Mr. N. Puttick was granted permission to address Council on the motion
of Alderman Thomson, seconded by Alderman Orr. Mr. Puttick advised that he
was pleased this information had finally come to the attention of Council
and pointed out that Council should make it very clear that funds allocated
for specific items in the budget should not be transferred back and forth
without a specific motion of Council. Mr. Puttick also suggested that Council
review the contents of the Sego Report and implement any of the recommendations
necessary.
ORDERED on the motion of Alderman Schisler, seconded by Alderman MacBain,
that the report be received and filed. Carried Unanimously.,
TIMIN~ OF BUDGET
Report No. 260 - City Manager - The report comments on the suggestions of
Alderman Cheesman with respect to timing of the budget, and provides a suggests
program that Council may wish to consider.
Alderman Cheesman suggested that Council adopt the suggested program,
which would have budget considerations spread over the entire year.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Jaluvka, that
the suggested program be received and adopted. Carried Unanimously.
-5-
EXPENDITURE DETERMINATIONS
Report No. 261 - City Manager - The report comments on suggestions made by
Alderman MacBain with respect to using a formula as a guideline to determine
the allowable increase in spending when establishing operating budgets and
the resulting tax rates.
Alderman MacBain stated that at first he did not intend to comment on
the report because he felt that he had been unable to project the urgency
of this matter to Council and staff. The Alderman referred to an article
appearing in a recent issue of Municipal World written by Mr. D. Rotenburg
who is putting forward the position of the Provincial Government. The
article was directed to councils, school boards and regions throughout
Ontario and stated that these bodies have not been carrying out the guidelines
and restrictions suggested by the Province. The article also said that for
many years, municipalities had taken the position that the majority of the
tax dollar was not within their control, i.e. school board, upper tier governments,
police commissions and debt charges. Mr. Rotenburg felt that if a council feels
that the bodies levying against a municipality are not setting charges in the
best interests of the taxpayers, that council should appeal the levy even if
there is little chance of success, since it would make those responsible more
visible and eventually more responsible to the taxpayer. It was Mr. Rotenburg's
opinion that councils must be willing to accept the responsibilities of their
decisions and ensure that these decisions are solely their own. Alderman
~cBain pointed out that he was also extremely concerned with the City's ~
financial situation, and was not satisfied that Council and staff were as ~'
concerned as well. The Alderman pointed out that there is duplication with"
the two tier system of government and stated that up until 1975 this was a
luxury that could be afforded. Alderman MacBain felt that the next quarter
century would be extremely difficult for the Municipality, and ~he City should
prepare for it.
Alderman Jaluvka commented that Alderman MacBain had been rather hasty
in reaching the conclusion that Council and staff are not concerned about
the matter. The Alderman felt that certain things had to be overcome if the
City is going to embark on some kind of guidelines. The previous report
dealing with a time schedule suggested that meetings be held to consider
various budget matters, and time could be spent dealing with the question of
guidelines.
Alderman Cheesman agreed that the City could not hide behind the Regional
and educational levies or the senior levels of government, and suggested that
Alderman MacBain's intention was that the City set its own house in order
rather than try to sell other areas of responsibility on the same idea.
The Alderman stated that he prefered the idea of appealing their levies rather
than trying to persuade them to adopt the City's guidelines.
Alderman Crowe pointed out that Council had established reserves to reduce
debt charges which will have an impact in the future. With respect to the
capital budget, not every item has been approved and Council has only set out
the possibility of approval and is entitled to reject or approve any project.
On the operating budget, Council did cut many items and made clear its
objectives to reduce spending. Alderman Thomson agreed that Council made a
strong effort both with the capital budget and operating budget. When groups
came in requesting reinstatement of grants, Council had remained firm on decisions
made earlier. The Alderman pointed out that while the blame seems to go to
the Region and school board for budget increases, the City must slow down on
its requests to those bodies as well.
The City Manager commended Council for the efforts made on both the
capital and operating budgets. The capital budget for 1978 was 30% less than
that of the previous year, and Council still has to consider each item
separately. At the suggestion of Council, funds were allocated in the current
budget to reduce future debt charges for capital budgets. It was also pointed
out that there were certain expenditures in the 1978 operating budget that
will not appear in the next year's budget. Without these special items,
there would have been a decrease in the City's spending for 1978. The City
Manager advised that staff intend to come in with reports to Council on
alternative levels of services in many of the operations of the City between
June and September. Decisions can then be made on what guidelines will be
established for staff and other agencies.
Aideman MacBain felt that the City was in a good position now to go
with representation from Council to the school board and Region and discuss
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the action to be taken by Council with respect to future operating and
capital budgets.
Following further comment, it was moved by Alderman Cheesman, seconded
by Alderman Dilts, that the City make representation to the Regional Municipali!
of Niagara and the Boards of Education explaining the concerns of the City
and the action taken by Council. Carried Unanimously.
COMMUNICATION
No.6B - Niagara Falls Public Library Board - Re: User Fees. The communication
advises on the Library's user fees for services and facilities provided.
In response to a number of questions raised by members of Council,
Miss Van Slyke of the Library advised that there is no projection of increased
revenue as a result of user fee increases, but it is anticipated that any
increase would be quite minimal. In comparing their fees with those of other
libraries, Miss Van Slyke advised that it was found that some of their fees
were excessively high. The trend now is to the abolition of fines, since
fines are a minimal source of revenue for a library. With respect to the
Libraryts budget reduction, Miss Van Slyke stated that the Board is working
very hard to avoid a deficit, and every single operation is being reviewed.
Following further comment, it was moved by Alderman Thomson, seconded
by Alderman Fete, that the conmunication be received and filed. Carried
Unanimously.
REPORTS
No. 262 - Planning & Development Committee - Re: AM-6/78, S.J. Mingle, 4861
Hunter Street. The report 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.
Mrs. L. LePage a resident in the area, was granted permission to address
Council on the motion of Alderman Mann, seconded by ~.l~lerman Dilts. Mrs. Lehgl
advised that she was not opposed to the rezoning, but pointed out that the
existing landscaping has not been completed, and cars are parking on the part
of the property that is supposed to be landscaped. Alderman Fera advised
that approval of the Planning & Development Committee was made on the basis
that this landscaping would be carried out.
It was moved by Alderman Mann, seconded by Alderman Dilts, that the report
be received and adopted. Carried Unanimously.
See Resolution N0.
See By-law No. 78-1!
No. 263 - Planning & Development Committee - Re: AM-19/78, L. Hennessy & D.
Russell, 4240 Fourth Avenue. The report 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 Palls
Planning Area as amended and approved by the Minister of Housing.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fete, that
the report be received and adopted. Carried Unanimously.
See Resolution No._
See By-law No. 78~
No. 264 - City Manager - Re: Advertising Blimp for Cayuga 2. The report advise
that au application has been received from Sherwood Marine Inc. of Toronto,
owners of ~ayuga 2, to fly a 'Blimp' on property adjacent to the Panasonic
Tower.
Alderman Thomson advised that the City had experienced problems in the
past with balloons, and a 40t blimp directly over the Falls would not add to
the appearance of the Falle or the surrounding area. The special committee
established to deal with the central tourist area has been trying to discourage
this type of advertisin~. Alderman Sobol also commented that due to the
presence of lo~ flying aircraft in the area of the Falls, such a proposal
could present a hazard to the aircraft.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that
the application be denied. Carried Unanimously,
NOTE:
Alderman Jaluvka was absent when the vote was taken
on this matter.
7
No. 265 - City Manager - Re: Proposed Bright's Wine Outlet. The report
advises that T.G. Bright & Company Limited has requested permission from
the City to place a mobile unit on private lands in front of the Fallsway
Motor Hotel.
A representative of Bright's advised that permission had been obtained
from the owner of the Fallsway Motor Hotel to locate the mobile unit on the
Fallsway property. The unit will be placed at that location on a temporary
basis to determine if a more permanent facility would be successful.
Alderman Thomson was concerned that granting of a permit would set a precedent
for other businesses to locate mobile units in the tourist areas for the sale
of goods. Alderman Crowe pointed out that according to the report, there is
no specific prohibition against the placing of a mobile unit or any other
temporary structure on a lot in addition to an already existing building, and
the City cannot therefore refuse to issue a permit.
Following further comment, it was moved by Alderman Thomson, seconded
by Alderman MacBain, that the matter be tabled for further information. Carried
Unanimously.
No. 266 - City Manager - Re: Relocation of Niagara Frontier Humane Society
Animal Shelter. The report recommends that the City elect not to purchase
the Society's property in order to permit the Society to sell its property
to Marineland. It is further recommended that Council approve the sale of
Lot 48 in the Falls Industrial Park from Donredo Properties Inc. to Marineland
subject to Marineland entering into an agreement with the City providing for
the usual covenants and restrictions imposed by the City on the sale of lots'
in the Falls Industrial Park.
Mr. A. Sheppard, solicitor for the Humane Society, stated ~hat he would
like to be sure that the use of the lot in the Falls Industrial Park by the
Humane Society for an animal shelter would be permissable. The Building and
Development Co-ordinator advised that this matter had been checked already,
and in the Cityts opinion, the use was permitted.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
RESOLUTION
No. 42 - MANN - THOMSON - RESOLVED THAT WHEREAS for the purpose of providing
dog control and pound operations in the City of Niagara Falls, the Corporation
presently leases the Niagara Frontier Humane Society certain land and premises
(hereinafter referred to as "the said land and premises") being composed of part
of a building erected in the land described in Schedule "A" to a lease (hereinafter
referred to as "the said lease") made between the said Niagara Frontier Humane
Society and the Corporation on November 5th, 1969 and registered in the Land
Registry Office for the Registry Division of Niagara South (formerly the
County of Welland) on November 19th, 1969 as No. 112329 and shown outlined
in red on the plan attached to the aforesaid lease;
AND WHEREAS the Niagara Frontier Humane Society proposes to sell to Marine
Wonderland & Animal Park Limited, inter~lia, the said land and premises;
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City
of~Niagara Falls hereby consents to the sale by the Niagara Frontier Humane
Society to Marine Wonderland & Animal Park Limited of the said land and
premises and for the purpose of the aforesaid sale and for no other purpose,
the Council hereby elects not to exercise its option to purchase the said
land and premises (including the building thereon) pursuant to paragraph 19
of the said lease; AND the Seal of the Corporation be hereto affixed.
Carried UnanimouslZ
REPORTS
No. 267 - City Manager - Re: Revisions to Existing Dog Control By-law. The
report recommends passage of a by-law to incorporate a number of revisions in
the City~s dog control by-law.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
See By-law No. 78-93
No. 268 - City Manager - Re: Refreshment Vehicle Licence. The report recommends
that the application of Mr. H. Smith for a refreshment vehicle lieonce be denied.
-8-
Mrs. H. Smith was granted permission to address Council on the motion
of Alderman Crows, seconded by Alderman Dilts. Mrs. Smith advised that she
and her husband had applied for a refreshment vehicle litante six years ago
and were told at that time that no further litantes for chip wagons would
be issued after the one existing wagon discontinued business. Six years
later that same truck is still operating. Mrs. Smith referred to a newspaper
article stating that Council would not limit the number of refreshment
vehicles in the City. The City Clerk advised that the article referred to
the catering trucks in the City that travel around to various construction
sites selling sandwiches, drinks and snacks. These vehicles do not park
in the business districts to sell their food.
Following further comment, it was moved by Alderman Crows, seconded
by Alderman Dilts, that the application be denied. Carried Unanimously.
NOTE: Alderman Mann retired from the meeting.
No. 269 - City Manager - Re: Lot 25 - Falls Industrial Park. The report
recommends that Council consent to the sale of Lot 25.from Donrado Properties
Inc. to Dvaid Hutchinson (in trust) subject to Mr. Hutchinson agreeing to be
bound by the City's usual convenants and restrictions for lots in the Falls
Industrial Park. The report further recommends passage of the by-law authorizir
an agreement between the City, Donredo Properties Inc. and David Hutchinson
(in trust).
ORDERED on the motion of Alderman Thomson, seconded by Alderman Jaluvka, that
the report be received and adopted. Carried Unanimously.
See By-law No. 78-IC
No. 270 - City Manager - Re: Temporary Railway Crossing at Bender Hill. The
report provides information on the temporary railway crossing created at Bender
Hill to allow construction vehicles to proceed to the Maple Leaf Village project
rather than trhough the heavily travelled streets in the City in order to avoid
traffic confliction.
ORDERED on the motion of Alderman Thomson, seconded by Alderman MacBain, that
the report be received and filed. Carried Unanimously.
NOTE: Alderman Fera retired from the meeting.
CO~RIUNICATIONS
No. 64 - Treasurer of Ontario - Re: Regional Municipalities Amendment Act, 1978*-
The communication requests the comments of the Municipality with respect to the .
Regional Municipalities Amendment Act prior to second reading.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Jaluvka, that
the cua~untcatton be received and filed. Carried Uqanimously.
No. 65 - Ontario Hydro - Re: Additional Power Supply to the St. Catharines
Area. The communication requests the appointment of a representative of the
City to a liaison committee to review the future electrical requirements of
the City of St. Catharines.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that
the Planning Director act as the City's representative to the liaison committee
with the Senior Planner acting as the alternate representative. Carried
Unanimously.
No. 66 - United Way of Niagara Falls - Re: United Way Banner. The communicati0!
~requests the permission of the City to display a banner on Victoria Avenue in
the vicinity of McRae Street beginning September 8th during the campaign.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Crows, that
the request be approved subject to the approval of Niagara F~lls Rydro.
Carried Unanimously.
No. 67 - Greater Niagara Senior Citizens' Association - Re: Worship Service.
The communication extends an invitation to the members of Council to attend
a Worship Service on Sunday June 18th, 1978 at Drummond .Rill Presbyterian
Church in conjunction with Senior Citizens' Week.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Sobol, that
the invitation be accepted, and that as many members of Council as possible
attend the service. Carried Unanimously.
No. 68 - Welland Rose Festival - Re: Celebrity Dart Tournament. The communicat
extends an invitation to the Council to participate in the annual celebrity dar
9
tournament to be held in conjunction with the Welland Rose Festival.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Dilts,
that Aldermen Mann and Thomson participate in the tournament. Carried
Unanimously.
No. 69 - Greater Niagara Big Brothers Association - Re: Cross Country
Relay. The communication requests the endorsement of the City for a cross-
country relay named "The Big Run for Little Brothers".
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that
the request be approved subject to the Association obtaining the required
approvals from the appropriate road authorities. Carried Unanimously.
No. 70 - City of Niagara Falls Board of Museums - Re: Proposed Elimination
of Museum Grants. The communication requests that Council oppose the proposed
deconditionalization of provincial grants to the municipality for local museums,
as proposed by the Provincial/Municipal Grant Reform Committee.
ORDERED on the motion of Alderman Thomson, seconded by Alderman MacBain, that
the City support the position taken by the City of Niagara Falls Board of
Museums, and express its concern to the Treasurer of Ontario. Carried
Unanimously.
REPORTS
No. 271 - City Manager - Re: Annual Report of the City Manager. The report
provides information on the 1977 operations of the City of Niagara Falls.
ORDERED on the motion of Alderman Crows, seconded by Alderman Dilts, that
the report be received and filed. Carried Unanimously.
No. 272 - City Manager - Re: ~4-24/75, N.P.H.B. Land Developments, Proposed
Ascot Woods Subdivision Extension II, Phase III. The report recommends passage
of a by-law to correct an error in an earlier by-law.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Thomson,
that the report be received and adopted. Carried Unanimously.
See Resolution No. 43
See By-law No. 78-98
No. 273 - Planning & Development Committee - Re: Am-3/78, Greater Niagara
General Hospital, 5546 Portage Road. The report recommends approval of the
application subject to Development Control, and that Council certify by
resolution that the application conform 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 Crows, seconded by Alderman Sobol, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 44
See By-law No. 78-.99
No. 274 - Recreation Commission - Re: Canada Week Committee. The report
recommends that approval be granted to~rect three banners in recognition of
Canada Week at 1) Main Street and Ferry Street, 2) Victoria Avenue and McRae
Street, and 3) Portage Road and Thorold Stone Road.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Crows, that
the report be received and adopted. Carried Unanimously.
No. 275 - Recreation Commission - Re: Niagara Central Recreation Board. The
report recommends the appointment of Mr. S. Quaranta and Mr.'A. Saccone to the
Niagara Central Recreation Board.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 276 - Recreation Commission - Re: Niagara South Recreation Board. The
report recommends the appointment of Mr. Stuart MacDonald to the Niagara South
Recreation Board.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 277 - City Solicitor - Re: Bolus-Revelas-Bolus Limited, MarSus Securities
Limited and Royal Inns of Canada Limited. The City Clerk advised that the
report had been withdrawn from the agenda.
No. 278 - City Manager - Re: Improvements of Portage Road at Keith Street.
The.r~port recommends_approval of a proposal of the Region to reconstruct
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the sidewalk on Keith Street to provide a small boulevard for snow storage
during the winter, and provide more safety for pedestrians.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
No. 279 - City Manager - Re: Niagara Falls Transportation Study. The report
provides information on the update of the Niagara Falls Transportation Study
proposed by the Region.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Crows, that the
report be received and filed. Carried Unanimously.
No. 280 - City Manager - Re: Severance Applications B-200(78) on Chippawa
Parkway and B-205(78) on Mulhern Street. The report recommends that the City
Clerk be authorized to file an official appeal on the severances known as
B-200(78) and B-205(78) to the Ontario Municipal Board.
In response to a question raised by Alderman Thomson, the Director of
Municipal Works advised that as far as he could determine, the I~nd Division
Comnittee did not endorse the City's request for the construction of a
sidewalk on Mulhern Street since the City did not have immediate plans for
construction, when in fact this general area is due for rather extensive
development and sidewalks will be required. With respect to the second
application, the Land Division Committee did not feel that it should deal
with the remnant parcel created by the severance and did not approve the
City's requested impost charge which was in accordance with Council's policy.
It was felt that both matters should be appealed to the O.M.B. in order to
receive the Board's thinking on the entire matter of impost charges.
Alderman Thomson felt that it was unfortunate to hold up the applicants
for several months because of the appeal, and suggested that they be contacted
in the event they wished to pay the imposts despite the Committee's decision.
Following further comment, it was moved by Alderman Thomson, seconded
by Alderman Crows, that the report be received and adopted, and further that
the applicants be contacted and advised of the City's intended action.
No. 281 - City Manager - Re: Morrison Street Extension, Dorchester Road to
Portage Road. The report recommends that the City take the necessary action
to implement certain suggestions of the Region to facilitate the Morrison
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
report recommends passage of a resolution to make application for Federal
grants available through C.M.H.C. for the construction of storm sewers in
various subdivisions.
ORDERED on the motion of Alderman Crows, seconded by Alderman Sobol, that
the report be. received and adopted. Carried Unanimously.
See Resolution No.!
No. 283 - City Manager - Re: Contract R.C. 5-78, Finished Road Construction
in Portage Green Subdivision. The report recommends acceptance of the unit
prices submitted by 8teed & Evans Limited for the subject work, subject to
the necessary funds being received from the Subdivider prior to June 2, 1978.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Oft, that the
report be received and adopted. Carried Unanimously.
gee Resolution NoLf
See By-law No. 78-1!
No. 284 - City Manager - Re: Vacancy - Board of Covernors,.Niagara College of
Applied Arts and Technology. The report provides a list of names of persons
who could be considered to fill the vacancy on the Board of Covernors.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Crows, that
the individuals he contacted to determine if they are willing to accept the
appointment. Carried Unanimously.
No. 285 - City Manager - Re: Imposition of Water Restrictions. The report
recommends that the Nayor be requested, by proclamation, to prohibit the use
of water from the water distribution system for the sprinkling of lawns, garden
and yards during the period between 9~00 a.m. and 6:00 p.m. on any day of the
Week and that the prohibition continue in effect from June 1st or the day
- 11 -
following the first publication of the proclamation until the 30th day of
September, 1978.
Alderman Thomson pointed out that although Council had directed that
daytime watering of lawns, gardens and yards be prohibited on an annual basis,
there could be occasions when such restrictions would not be necessary, and
suggested that the matter be left to the discretion of the ~yor to impose
the restrictions if necessary. Alderman Crows stated that the intent of
Council's earlier action had been to ensure that the supply of water was
preserved during the summer months rather than to wait until it was necessary
to impose restrictions because of a shortage. The Director of Municipal
Works also pointed out that it had been determined that daytime watering
is not as effective as watering during the evening hours, and that had been
part of the reasoning behind the decision to restrict the use of water during
the summer months on an annual basis. His Worship, Mayor Bukator stated that
if the matter was left to his discretion, he would impose the water restrictions
for the reasons stated earlier.
ORDERED on the motion of Alderman Crows, seconded by Alderman Sobol, that the
report be received and adopted. Carried Unanimously.
No. 286 - City Manager - Re: 40th Conference - Association of Municipal Clerks
and Treasurers. The report recommends that the City Clerk and City Treasurer
be authorized to attend the subject conference to be held in Toronto from
June 18 - 21, 1978.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Orr, that
the report be received and adopted. Carried Unanimously.
No. 287 - City Manager - Re: Buchanan Avenue Widening. The report advises
that a new scheme has been prepared for the widening of Buchanan Avenue, and
it will be necessary to re-advertise the revised scheme. It is recommended
that the necessary advertisements be placed in the local press.
ORDERED on the motion of Alderman Thomson, seconded by Alderman MacBain,
that the report be received and adopted. Carried Unanimously.
No. 288 - City Manager - Re: Park Street Parking Gates. The report recommends
that the parking gates on the two Park Street parking lots be reverted to the
25¢ flat rate.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
No. 289 - City Manager - Re: On-Street Meter Maximum Periods. The report
recommends that the necessary by-law amendment be prepared so that the maximum
parking period for on street parking on all streets in the downtown would be
two hours.
OP~ERED on the motion of Alderman Thomson, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
No. 290 - His Worship, P~yor Bukator - Re: Activities of Regional Council.
The report provides information on some of the more important items considered
by Regional Council with respect to the City of Niagara Falls.
ORDERED on the motion of Alderman Sobold' seconded by Alderman gchislar, that
the report be received and filed. Carried Unanimously.
No. 291 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman Crows, seconded by Alderman 8chisler, that the
report be received and adopted. Carried Unanimously.
No. 292 - City Manager - Re: Neighbourhood Improvement Program - Ryerson/Market
Redevelopmerit Area By-law 77-239 and Woodbine Redevelopment Area By-law 77-241.
The report advises that some revisions of the proposals as originally submitted
on the two by-laws will be required, and it is recommended that the City
Solicitor be authorized to withdraw the City's applications and advise the
O.M.B. that it is intended that applications for approval of revised proposals
will be submitted at a later date.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that
the report be received and adopted, and that contact be made with the Ministry
of Housing on expediting the Ryerson/Market Redevelopment Area proposal.
Carried Unanimously.
RESOLUTIONS
No. 40 - MANN - DILT8 - RESOLVED that the Couscil of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 78-100 for the rezonin8
- 12 -
of Part of Lots 479 and 480, Plan 746, known as 4861 Hunter Street, conforms
to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, as amendS
and approved by the Minister of Housing; AND the Seal of the Corporation be
hereto affixed.
Carried Unanimous~
No. 41 - THOMSON - FERA - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 78-101 for the rezoning
of Lot 6, Plan 632, known as 4240 Fourth 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. 42 - SEE PAGE 7
No. 43 - CHEESMAN - THOMSON - RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby certifies that By-law No. 78-89 and By-law No.
78-98 for the rezoning of lands situated on the west side of Mentress Road and
north of Woodbine Street (Ascot Woods Subdivision, Extension II, Phase III),
conform 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. 44 -CROWE - SOBOL - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 78-99 for the rezoning
of lands on the east side 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 Unanimously
No. 45 - CROWE - SOBeL - RESOLVED that the City of Niagara Falls hereby makes
application for Federal Grants, available through the Central Mortgage and
Housing Corporation under Part VIII of the National Housing Act, for the
construction of certain storm sewers in various subd/a;~sions in the City of
Niagara Falls for the total estimated eligible cost of $481,389.72, with an
esthnated grant of $80,231.57, as detailed below:
Total Estimated Estimated
Subdivision Eligible Cost Grant
Westwood II
Theresa Ext. III
Dorchester Square
Portage Green
Frontenac Woods Ext.
Theresa Ext. II
Mount Forest
Dorchester Gardens
Ker Subdivision
Solar Subdivision
Monroe Subdivision
$101,676.53 $16,946.09
2,367.40 394.56
38,310.531 6,385.08
46,776.77 7,796.12
3,865.94 644.32
12,649.82 2,108.30
218,547.08 36,424.51
13,519.89 2,253.31
4,827.72 804.62
32,988.59 · f~ 5,498.09
5,859.45 976.57
$481,389.72 $80,231.57 -
; AND The Seal of the Corporation be hereto affixed.
Carried Unanimoush
No. 46 - THOMSON - ORE - RESOLVED that the unit prices submitted by Steed and
E~ans Limited for the construction of finished reads in the Portage Green
Subdivision, be accepted at the tendered amount of $94,722:05, subject to
the necessary funds being received from the Subdivider prior to June 2, 1978;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimousl/.
BY-LAWS
ORDERED on the motion of Aideman Cheesman, seconded by Alderman Schisler, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 78-93 - A By-law to awend By-law No. 75-253, as amended, bein8 a by-law to
provide for the licensing and regulating the keeping of dogs.
..... 13
- 13 -
No. 78-98 - 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-24/75,
Ascot Woods Extension II, Phase III)
No. 78-99 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-3/77,
Greater Niagara General Hospital)
No. 78-100 - A By-law to amend By-law No. 5335, 1955, as amended. (Abl-6/78,
S.J. Mingle)
No. 78-101 - A By-law tea mend By-law No. 5335, 1955, as amended. (AM-19/78,
Hennessey & Russell)
No. 78-102 - A By-law to authorize the execution of an agreement with Steed and
Evans Limited for the construction of roads.
No. 78-103 - A By-law to authorize the execution of an agreement respecting the
sale by Donrado Properties Inc. of Lot 25 in Falls Industrial Park.
No. 78-104 - A By-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Fern Avenue)
78-105 - 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 interesections. (Centre Street, Ellen
Avenue and Pin Oak Drive) "~
No. 78-106 - 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.
(Pin Oak Drive)
No. 78-107 - A By-law to provide monies for general purposes.
Carried Unanimously
ORDERED on the motion of Alderman Sobel, seconded by Alderman Thomson, that the
following by-laws be now read a second and third time:
No. 78-93 - A By-law to amend By-law No. 75-253, as amended, being a by-law to
provide for the licensing and regulating the keeping of dogs.
No. 78-98 - 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-24/75,
Ascot Woods Extension II, Phase III)
No. 78-99 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-3/77,
Greater Niagara General Hospital)
No. 78-100 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-6/78,
S.J. Mingle)
No. 78-101 - A By-law to amend By-law .No. 5335, 1955, as amended. (AM-19/78,
Hennessy & Russell)
No. 78-102 - A By-law to authorize the execution of an agreement with Steed and
Evans Limited for the construction of roads.
No. 78-103 - A By-law to authorize the execution of an agreement respecting the
sale by Donardo Properties Inc. of Lot 25 in Falls Industrial Park.
No. 78-104 - A By-law to amend By-law No. 3790, being a by-law for the regulation
of traffic. (Fern Avenue)
No. 78-105 - 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. (Centre Street, Ellen
Avenue and Pin Oak Drive)
No. 78-106 - 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.
(Pin Oak Drive)
No. 78-107 - A By-law ~o provide monies for general purposes.
Carried Unanimously
..... 14
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NE~ BUSINESS
MUNICIPAL PARKING COMMITTEE
Alderman Thomson advised that he had been asked by the Municipal Parking
Committee to requQst Council's consideration in expanding the terms of
reference for the Committee to include traffic matters as there is presently
no traffic committee for the City. The Alderman requested that.a report be
prepared on the request of the Committee.
It was moved by Alderman Crowe, seconded by Alderman Orr, that the meeting
adjourn. Carried Unanimously.
READ ANDADOPTED,
MAYOR
SIXTEENTH MEETING
Conmittee Room #1
June 12, 1978
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole on Monday, June 12, 1978 at 7:00
p.m. All members of Council were present with the exception of Alderman Orr.
Alderman Dilts presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
READ ADD ADOPTED,
MAYOR
Council Chambers
June 12, 1978
Council met on Monday, June 12, 1978 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman Orr. His Worship, Mayor Bukator presided as Chairman.
Alderman Stewart 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 May 15, 1978, be adopted as printed.
Carried Unanimously.
UNFINISHED BUSINESS
TOLL FREE CALLING - WELLAND EXCHANGE
Report No. 293 - City Manager - The report recommends that those residents of
the former Township of Crowland now included in the City and served by the
Welland exchange, be notified that they may call City Hall regarding City
business on a collect call basis on a trial basis system for six months.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman,
that the report be received and adopted. Carried Unanimously.
STOOP AND SCOOP BY-LAW
Report No. 294 - City Manager - The report recommends that no further action
be' taken regarding the passing of a stoop and scoop by-law, and that the matter
can be reviewed at a subsequent date to determine if the situation has improved
as a result of the new "leash law".
Alderman Thomson commented that the problem with the stoop and scoop by-law
was one of enforcement, and in any event, the by-law would not have Jurisdiction
over private property. The Alderman hoped that with the new leash law, and the
co-operation of the Humane Society, there would be more control over the problem.
Alderman Crows stated that this had become a serious problem in some of the
larger cities particularly with respect to the worms that are passed in dog
fetes, wh,4ch could cause problems for any person or child coming into contact
with it accidentally.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Crows, that
the report be received and adopted. Carried Unanimously.
POSSIBLE RESTRUCTURING OF THE CITY'S WADD SYSTEM
Report No. 295 - City Manager - The report provides information on legislation
covering restructurtng of ward systems. It is also suggested that if Council
is in .fayour of reducing the size of the Council, restructuring of the ward
system could be carried out to accommodate the number of elected representatives
-2-
' agreed upon by Council. Should Council wish to proceed, it is unlikely that
amy changes can be approved prior to the November election.
Alderman Crows felt that the matter should be pursued even though it was
not possible for any change to take place prior to the next election. The
Alderman felt the ward system should give direct representation to the outlyi~
areas of the City, possibly through the amalgamation of the former Willoughby
and Crowland areas having one representative, a reduction in the Chippawa ward
from two representatives to one, and a reduction in the former City area from
eight representatives to six.
Alderman Sobol felt if there was going to be a decrease, it would be
imperative to have a restructuring of the ward system. The Alderman commented
that the present system does not provide representation by population but by
former boundaries and quoted various statistics on the ratio between the
populations of the wards and the number of elected representatives serving
those wards.
Alderman Fera stated that he was not completely in favour of changing
the the ward system and with respect to a reduction in the size of Council,
the Alderman felt the City would not be saving that much in comparison with
other budget expenditures. Alderman Fera also pointed out that with a reduced
Council, each member would have to carry a heavier load with respect to
appointments to various boards, commissions and committees.
Alderman Thomson advised that he had seen a notice in a municipal magazine
by the City of Welland requesting municipalities in Ontario to forward informer
on their ward system since Welland is considering a possible restructuring of U
its ward system, and would likely be receiving an abundance of information on
this matter. With respect to the ward system, Alderman Thomson commented that
he had his concerns about the system and suggested that if the entire Council
were elected at large, it would work far better as a team and the individual
taxpayers could contact whoever they wished. The Alderman felt that a ward
system promoted a parochial attitude at times.
Following further comment, it was moved by Alderman Themson, seconded by
Alderman Cheeeman, that the matter be given a ~igh priority by the 1979-80
Council, and further that the City of Welland be contacted with respect to
information received from other municipalities in the Province regarding
restructuring of ward system. The motion Carried with Alderman Crows voting
contrary, and all Others voting in layout.
ANTI-BARKING BY-LAW
Report No. 296 - City Manager - The report recommends that more rigid enforceM
of the provisions of the existing City by-law cove~ing noises be made and that
residents be made fully aware of the existing provisions and the procedure for
enforcement.
Alderman Thomson advised that he had received many calls on this matter,
and pointed out that the intent of his suggestion had been to handle problems
with persistent barking of dogs that disturb adjacent residents, particularly
the elderly. The Alderman further stated that the procedure for dealing with
complaints of this nature is set out, and as long as the complainants are
prepared to follow that procedure, the City can take the appropriate action.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
COMPLAINT - 2794 PORTAGE ROAD
Report No. 297 - City Manager - The report advises of the a~tion taken with
respect to the complaints raised by residents in the areaOf the property at
2794 Portage Road. It is recommended that staff be authorized to prepare a
draft by-law which will prohibit the keeping of horses in a certain defined
area of the City. It is further recommended that a copy of the report be
sent to the owner of the subject property and those residents who made the
original presentation to Council to make them aware of the City by-laws
presently in effect with regard to the complaints.
Mr. R. Girolsmetto was granted permission to address Council on the
motion of Alderman Mann, seconded by Alderman Chessman. Mr. Girolametto
stated that contrary to the report, the horses are still kept on the property
and were: never removed. Although they are kept in a field nearby durin~ the
-3-
daytime, the horses are brought back at night and the problem has not really
been resolved. The City Clerk indicated that at the present time, there are
no regulations on the keeping of horses in certain areas of the City, and as
indicated in the report, such a by-law will be prepared for the consideration
of Council. With respect to a further question on the City's anti-noise by-law,
the City Clerk advised that the by-law does not make reference to specific
times and that the provisions apply to unnecessary noise at any time. A
resident ~n the area also commented that the property had been cleaned up in
the past, within a short while the owners let it go and the residents had to
start all over again trying to have the property cleaned up. It was also asked
if t-he action taken by the City would be enforced in the future. His Worship,
Mayor Bukator indicated that the City will have the various departments involved
check the property periodically, and suggested that if the residents have any
further problems to call the City.
Alderman Cheesman agreed that the Legal Department should be instructed
to prepare a draft by-law regarding the keeping of horses in certain areas of
the City so that there will be a method of dealing with such problems. The
City Clerk pointed out that there is always the problem when the Municipality
goes to court on such a matter, evidence must be supplied in order to obtain
a conviction and quite often neighbouts will not go to court against neighbours.
If a complainant is willing to testify and support the City's charge, there
is a far greater chance of obtaining a conviction.
Following further comment, it was moved by Alderman Cheesman, seconded
by Alderman Mann, that the report be received and adopted. Carried Unanimously.
POLICY FOR DEDICATION OF LAND FOR ROAD WIDENING THROUGH DEVELOPMENT APPLICATIONS
Report No. 298 - City Manager - The report recommends that Council express its
support of the Region's proposed policy for dedication of lands for road
widening through development applications.
Alderman Crows expressed his disappointment that things had come to the
level that for a person to use his property to the best usage, land dedications
are required in order to obtain approval. The Alderman stated that it should
be made clear to any individuals making application for rezonings or severances
that the dedication of land for road widenings was to be considered as one of
the imposts involved in receiving approval for development.
Alderman Thomson stated that this matter had likely been a result of a
recent situation involving unusual circumstances where the land dedication was
not made. As far as taxpayers are concerned, the Alderman advised that there
was merit in obtaining land for future road widenings, but felt that it does
seem unfair when the road widening might not take place for ten or more years.
Alderman Thomson suggested that possibly through negotiation, arrangements
could be made to allow the property owner to use the land until such time
as the road widening is required. The Alderman also made reference to a
comment in the report that someone could be given a "free ride", and stated
that everybody pays taxes, and no taxpayer is getting a free ride. The
Director of Municipal Works advised that the intent of the term was to
compare what the normal taxpayer has to do in reconstruction of his roadway.
A~resident pays a local improvement charge of 50% of the cost and the remainder
is financed by the taxpayers at large. When a major roadway is involved,
there is no local improvement charge and the taxpayers at large pay 100% of
the cost with the owner of the frontage paying nothing specifically. In
that context, it could be considered a free ride.
Alderman Cheesman advised that he had recently artended a meeting of the
Committee of Adjustment where an application from the Fins service station at the
corner of Dorchester Road and Thorold Stone Road for a minor variance to permit
the construction of a canopy over their pumps, was considered by the Committee.
The application was circulated to various authorities for comments, and the
Region's request for road widening involved taking 25~ of the working space
of the service station. Alderman Chessman felt this was close to robbery in
the sense if the application had not been made, the request for land dedication
would not have been made. The Alderman felt it was as though some kind of
mechanism goes into operation as soon as an application is made, and 10t is
immediately requested without any regard for the situation. The Committee
had felt that the Regionts request was not reasonable under the circumstances.
Alderman Chessman felt that minor variances should be excluded from the
policy of the Region. The Director of Municipal Works stated that the City
does ~ot ask for road ~idenings or other imposts for minor variences, and
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agreed that the Region should be requested to exclude minor variances as
well. In response to a question raised by Alderman Crows regarding severances,
the Director of Municipal Works advised that imposts charged on the creation
of a new lot are used throughout the Municipality and not for that specific
lot. Imposts are used to fund oversizing of services which levels out costs.
The Director of Municipal Works further stated that it is the right of an
individual to request a rezoning from the Municipality, but it is the
Nunicipality~s privilege to impose conditions that are permitted under the
law. Alderman MacBain referred to the philosophy used by the former Township
of Stamford in requesting land dedications, and stated that with new
subdivisions, rezonings, severances and occasionally minor variances, the
character of a street is changed. A street could be all residential and
one change creates a chain reaction down the street. As an example, the
Alderman advised that at one time Lundy~s Lane was primarily a rural area
and the change to commercial took place quite rapidly. The former Township
could see that the time would come when road widening would be required, and
that was the philosophy used in requesting land dedications.
Following further comment, it was moved by Alderman Crowe, seconded by
Alderman Dilts, that the Region be requested to exclude minor variances from
its proposed policy, and further that the report as amended, be received and
adopted. Carried Unanimously.
RELOCATION OF PROPOSED ROAD ALLOWANCE, ASCOT WOODS EXTENSION I SUBDIVISION
Report No. 299 - City Manager - The report recommends that the proposed plan
for the Ascot Woods Extension I be amended by the relocation of proposed
Street '~" from its present location 66 feet easterly, subject to the appropri,
severance of the two acre parcel for the church.
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that the
report be received and adopted. Carried Unanimously.
COMPLAINT - PEAT MOSS OPERATION BRIDGE STREET AND FIRST AVENUE AREA
Report No. 300 - City Manager - The report advises of action taken by the
City and the manager of Premier Peat Moss regarding the use of First Avenue
by large trucks entering and leaving the peat moss ~eration. It is
recommended that engineering staff be asked to meet with Regional officials
to discuss the possibility of improving access facilities on Bridge Street,
and that the affected residents be notified of the action suggested to
minimize further inconvenience.
ORDERED on the motion of Alderman Thomson, seconded by Aiderman Sobol, that
the report be received and adopted. Carried Unanimously.
NOTE: Aldermen Cheesmsn and Crows were absent when the vote was
taken on this matter. t
RAILWAY RELOCATION REPORT
Report No. 301 - City Manager - The report recommends that the City accept
the Detailed Study Design as presented, and that the appropriate resolutions
be forwarded to the Regional Municipality of Niagara for processing through
the senior levels of government.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fete, that
the report be received and adopted. Carried Unanimously.
See Resolution No.
NOTE: Aldermen Cheesman and Crowe were absent when the vote
was taken on this matter.
PROPOSED BRIGHT'S WINES OUTLET
Report No. 302 - City Manager - The City Clerk advised that a representative
of T.G. Bright and Co. Ltd., had requested that the matte~ be withdrawn,
The City Clerk advised that the request had been to have the matter
withdrawn, and this did not necessarily mean that the matter will not be
pursued at a later date. Alderman MacBain felt that representation should
be made to Bright's requesting that they, as good corporate~.citizens,
reconsider the plaoement of a mobile unit to sell wine on Clifton Hill.
Alderman Sobol suggested that the N,R.T.A. be informed of the meeting in
the event they might wish to attend, as the matter would be of interest.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that
the report be withdrawn. Carried Unanimously.
OBDERED on the motion of Alderman MacBain, seconded by Alderman Sobol, that
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His Worship, Mayor Bukator and the City Manager be requested to meet with
officials of T.G. Bright and Co. Ltd. requesting them to reconsider their
proposal to locate a mobile unit for the sale of wine on Clifton Hill or
any other location in the City, and further that the N.R.T.A. be advised
of the proposed meeting in the event they wish to send representation.
Carried Unanimously.
ANNUAL REPORT OF THE MUNICIPAL WORKS DEPARTMENT
- Report No. 303 - City Manager - The report provides information on the
activities of the Municipal Works Department for the year 1977.
ORDERED on the motion of Alderman Chessman, seconded by Alderman ~omson,
that the report be received and filed. Carried Unanimously.
RENTAL OF EQUIPMENT AT THE LANDFILL SITE
Alderman Cheesman advised that Council, in Committee of the Whole, had
considered information which set out the facts in the matter and outlining
the events chat have taken place. The City is bound by a contract to Duffin
Construction, and for that reason the contract award should be upheld.
Alderman Fera advised that he could not agree with the decision zreached
by Council in Committee of the Whole to uphold the earlier contract award for
a n,-,ber of reasons: 1) Refusal by Duffin Construction to have the D6 bulldozer
weighed; 2) The difference in weight of the D6 bulldozer and D8 bulldozer ..
according to the manufacturer as opposed to the weigh slips given by staff to
Council; and 3) Complete disregard of the forty-eight hour period allowed to
provide a substitute piece of equipment in the event of a breakdown of the prime
equipment. Alderman Fera felt there was still some confusion on the matter
and suggested that staff keep a close watch on the operation of the landfill
site. Both Aldermen Chessman and MacBain commented that while they felt this
action must be taken, they shared in the concerns raised by Alderman Fera.
It was moved by Alderman Cheesman, seconded by Alderman MacBain, that
Council re-affirm the earlier award of the subject work to Duffin Construction.
The motion Carried with the following vote:
AYE: Aldermen Chessman, Crows, Jaluvka, MacBain, Mann, Schisler, Sobol and
ThOmSOn,
NAYE: Aldermen Dilts, Fera and Stewart.
EXTENSION OF URBAN BOUNDARIES
Report No. 304 - His Worship, Mayor Bukator - The report recommends that
Council request the Ministry of Rousing to refer to the Ontario Municipal Board
the request of the possible extension of the urban area boundary to include
chose lands bounded by Kalar Road on the west, the hydro right-of-way on the
north, and Moatrose Road on the east, and that this request be considered in
conjunction with the hearings to be held on the Region's urban boundaries.
Alderman Sobol stated that it was~regrettable the residents in the area
did not have an opportunity to comment on the proposed boundary changes prior
to contact with the Minister-of Housing. The Alderman further advised that
she was opposed to any extensions of the boundaries for reasons she has
stated earlier, and felt they would not be in the best interests cf the City
of Niagara Falls.
It was moved by Alderman Thomson, seconded by Alderman Crowe, that the
report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Cheesman~ Crowe, Dilts, Fera, Jaluvka, Mann, MacBain, Stewart
and.iThor~8on.
NAYE: Aldermen Schisler and Sobol.
COMMUNICATION
No. 71 - Mrs. N. Bril - Re: Water Bill. The co~unication requests assistance
in resolving a water bill that has increased from $27.62 to $267.42.
Mrs. Bril advised that she had received a bill of $267.42 and when she
had called the City to check on it, the position taken by the Water Supervisor
was that Mrs. Bril must prove the bill wronE. Mrs. Bril had asked that the
building be checked to determine if there were leaks, and she had not refused
to have City employees enter the building, however she was unable to obtain
permibsion of the ten{nts prior to the inspections. It was pointed out that
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there were no more people in the building, and none of the pipes had burst
or had to be repaired. Iu response to a number of questions raised by
Alderman Chessman, Mrs. Bril advised that there were four rental units in
the building rented mostly by single people, and there are uo outside outlets
that could have been left running. There is a faucet in the basement, howevel
it is never used.
In response to a further question by Alderman Cheesman, the City
stated that according to the water by-law, the meter can be checked at the
request of an owner, however there is a $15.00 deposit required. The City
Treasurer suggested that the meter now be checked at the City's expense to
determine its registering ability.
In response to a question raised by Alderman Schisler, Mrs. Bril stated
that she had not received the earlier notice of high consumption and pointed
out that she did not live in the building in question. Alderman Fera felt
that the Supervisor of the Water Department Office should have been present
at the meeting to provide additional information.
Following further comment, it was moved by Alderman Schisler, seconded
by Alderman MacBain, that the matter be referred to staff for further
investigation. Carried Unanimously.
REPORT
No. 305 - Planning & Development Comittee - Re: AM-5/78, R. Barone, 5914
Stanley Avenue. The report recommends approval of the application subject to
Development Control and that Council certify by resolution that the
conforms to Official Plan Amendment No. 28 of the Niagara Falls Planning Area
as Mended and approved by the Minister of Housing.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Jaluvka, that
the report be received and adopted. Carried Unanimously.
See Resolution No.
BY-LAW
ORDERED on the motion of Alderman Thomson, seconded~Alderman Fera, that
leave be granted to introduce the following by-law, and the by-law be read
a first time:
No. 78-108 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-5/78,
R. Barons)
Carried Unanimously
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the following by-law be now read a second and thir4 time:
No. 78-108 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-5/78,
R. Barons)
Carried Unanimously
COMMUNICATIONS
No. 72 - O M E Insurance ASency Limited - Re: Municipal Errors and Omissions
Liability Insurance. The communication provides information on municipal
errors and omissions liability insurance.
Alderman MacBain suggested that when this matter is investigated, informaft
be obtained also on libel and slander coverage.
ORDERED on the motion of Alderman Cheesman, seconded by AldermAn Thomson, that
the co~manication be referred to staff for preparation of a report on the
coverage outlined in the communication and on libel and slander. Carried
Unanimously. . --
No. 73 - Chippawa Lions Club - Re: Annual Lions Carnival. The communication
requests permission for the Chippawa Liens Club to hold their annual Lions
'Carnival on June 21 - 24 at the Chippawa Lions Field on Welland Street, and
also for permission to set up a tent for the sale of beer and ale,
ORDERED on the marion of Aldeman Mann, seconded by Alderman Schisler, that
permission be Sranted subject to approval of all authorities involved.
~nsnimously.
..~:~NOTMI ~Alde~nen:Dilts, Jaluvka and Thomson were absent when the
vote Was taken on this matter.
Carried
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No. 74 - Ministry of Housing - Re: Mount Forest Extension Subdivision. The
communication asks whether or not the Municipality has any objection to an
extension of the draft approval for the subject subdivision.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman ~nn, that
City Council approve an extension of one year for the draft plan approval on
the Mount Forest Extension Subdivision. Carried Unanimously.
NOTE: Aldermen Dilts, Jaluvka and Thomson were absent when the
vote was taken on this matter.
No. 75 - Mr. D. Marineill - Re: Valley View Subdivision. The communication
requests Council's approval for an extension of the draft plan approval of
two months for the subject subdivision.
ORDERED on the motion of Alderman Mann, seconded by Alderman MacBain, that
City Council approve an extension of two months for the draft plan approval
on the Valley View Subdivision. Carried Unanimously.
NOTE: Aldermen Dilts, Jaluvka and Thomson were absent when the
vote was taken on this matter.
No. 76 - Niagara Escarpment Commission - Re: Planning Area of the Commission.
The communication provides information on the preliminary proposals of the
Commission.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobel, that the
communication be received and filed. Carried Unanimously.
NOTE: Aldermen Dilts and Thomson were absent when the vote was
taken on this matter.
No. 77 - Canadian Environmental Law Association - Re: Niagara Helicopters Ltd.
The communication requests the City to prosecute Niagara Helicopters Ltd. under
section 7 of The Lord's Day Act, RSC, chapter 171.
Alderman Mann suggested that if the Association wishes to have a prosecution
commenced against Niagara Helicopters, it should be undertaken by the Association
and not the City. Alderman Sobel referred to a request she had made some time
ago to have the helicopters re-tested to determine if the muffler system
installed is adequate. The City Clerk advised that he would check into the
matter.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobel, that the
communication be received and filed. Carried Unanimously.
No. 78 - Canadian Council on Social Development - Re: Membership of the City.
The communication invites the Municipality to become a member of the Canadian
Council on Social Development.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the communication be received and filed. Carried Unanimously.
No. 79 - Ministry of Transportation & Communications - Re: Port Robinson Bridge.
The communication advises that the Ministry will be taking a preliminary look
at the need for a crossing of increasea~capacity in the area of the brfdge and
the form that any provincial contribution would take assuming the need is
established.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Feras that
the communication be received and filed. Carried Unanimously.
No. 80 - Marineland & Game Farm - Re: Expansion Program. The communication
extends an invitation to the members of Council and City Department Heads to
attend a luncheon meeting on June 24~ 1978 at 12:30 p.m. to discuss the
expansion plan.
ORDERED on the motion of Alderman Mann~ seconded by Alderman Thomson, that
the invitation be accepted, and as many members of Council as possible attend
the meeting. Carried Unanimously.
No. 81 - Dorchester Manor Auxiliary - Re: Annual Family Day Picnic. The
communication extends an invitation to the members of Council to attend the
annual picnic to be held on June 18~ 1978 at 1:30 p.m.
ORDERED on the motion of Alderman Mann, seconded by Alderman Themsons that
the invitation be accepted, and as many members of Council as possible attend
the function. Carried Unanimously.
No. 82 - Niagara Square - Re: Exemption under the Retail Business Holidays Act.
The communication requests Council's approval for an exemption under the
.8
8
Retail Business Holidays Act for Dominion Day, Labour Day and Victoria Day.
Alderman Crows stated that if a person wants to keep his business open,
he should be allowed to do so if he pays his staff according to the regulation
governing working on holidays. If certain businesses must close on holidays,
the Alderman felt all businesses should. The City Clerk advised that the
Act refers to businesses essential to the tourist industry. In addition,
calls have also been received from other department stores and business areas
on the same question, and if the plaza were allowed to remain open, there
would be many more requests for exemptions. It was further advised that an
application can be made to quash such a by-law providing for an exemption on
the basis that it had exceeded the original intention of the legislation.
Alderman Mann also commented that people are looking forward to a long weekend
to enjoy the various holidays, and allowing the exemption would mean many
people will have to work on those days. The Alderman pointed out that once
an exemption is made for the plaza, there will be requests from all over the
City.
Alderman Crows stated that because a law is passed it does not make it
a good law. In an earlier communication, the City had refused to become
involved in a prosecution under The Lord's Day Act because of its possible
effect on the tourist industry in the City, and it was now being said that
the provisions of the Retail Business Holidays Act should be enforced.
The Alderman felt that although the law had been passed to protect working
people, it precludes people from working and does not give them the overtime
pay they would be entitled to on those days.
Alderman MacBain stated that the developers had been good enough to
make a multi-million dollar expenditure in the City, and remaining open on
the three holidays would be of great benefit to the plaza. The City is a
tourist centre and this must have been one of the considerations of the
developers in locating the plaza in Niagara Falls. The Alderman pointed out
that almost all businesses in their infancy find it difficult, because it is
hard for shoppers to break a pattern, and the attraction of the Pen Centre
presents a great deal of competition for Niagara Square. Alderman MacBain
2rated that the plaza can use part time help on the holidays thereby not
affecting permanent employees who wish to enjoy the_.holidays. The Alderman
felt it was not too much of a concession to grant in view of the investment
made in the City.
Alderman Thomson asked if the Downtown and Main & Ferry businesses
requested the same consideration, would they also be granted an exemption.
The Alderman further stated that since Niagara Falls is a tourist centre,
why not allow the entire City to remain open, and if there are going to be
more requests the City may as well be ready for them.
Alderman Dilts advised that he had spoken to the manager of the plaza
and it is felt that remaining open on those three holidays was of great
importance to the plaza in their location,
Alderman 8obol pointed out that the Act refers to businesses essential
for the development of the tourist industry, and suggested that it might be
essential for the plaza to remain open, but not to the tourist industry.
Alderman Chessman stated that the tourist industry in the City provides
a unique opportunity for youth in the City to earn money for further
education and future plans, and refusal of the request would deny these
young people an opportunity to earn additional money that would be put to
8ood use.
Following further comment, it was moved by Alderman sobol, seconded by
Alderman Fera, that the request be denied. The motion was Defeated with the
£ollowing vote=
AY__Ez Aldermen Fera, Mann and Sobol.
NAY__E~ Aldermen Chessman, Crowe, Dilts, Jaluvka, MacBain, Schisler, Stewart
and Thomson.
It was then moved by Alderman Cheesman, seconded by Alderman Jaluvka,
that the Regional Nunicipality of Niagara be requested to pass a by-law
exempting Niagara Square from the provisions of the Retail Business Holidays
Act for the Victoria Day, Dominion Day and Labour Day holidays. The motion
Carried with the following vote:
:,~__YE."Aldaman Chessman, :Crows, Dtlts, aaluvka, MacBain, Schisler, Stewart,
and Thomson.
~.~z Aldemen Fete, Maxm and S~bol.
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REPORTS
No. 306 - City Clerk - Re: Am-24/75, Objection to Zoning By-law 78-89,
N.P.H.B. Land Development Ltd. The report advises that two letters of
objection have been received with respect to the subject by-law.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the objections be referred to the Ontario Municipal Board, and that Council
re-affirm its support of the application. Carried with Alderman Crowe
abstaining on a conflict of interest.
No. 307 - City Manager - Re: Tenders for Gasoline, Diesel Fuel & Lubricants.
The report recommends acceptance of the low tender submitted by Gulf Oil Co.
for the gasoline tender and diesel fuel, and acceptance of the unit prices
submitted by Gulf Oil Co. for lubricants.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 48
No. 308 - City Manager - Re: Rodent Control in the City of Niagara Falls
1978-79. The report recommends that the quotation of P.C.O. Services Ltd.
for one year from July 1, 1978, be accepted and that an agreement to this
effect be executed. It is further recommended that exterminations on
private properties at the tendered price of $1.00 per extermination be
absorbed by the City for the period of the contract.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously. ~
See Resolution No. 49
No. 309 - City Manager - Re: Contract L.I. 6-78, Road Construct,ion on Shirley
Avenue. The report recommends the acceptance of the unit prices submitted by
Steed & Evans for the subject contract.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 50
No. 310 - City Manager - Re: Contract S.C. 7-78, Sidewalk Construction at Various
Locations in the City. The report recommends 1) That the unit prices submitted
by Steed & Evans Limited be accepted; and 2) That the estimated difference of
$7,368 between the O.M.B. debenture approval and the tendered price (including
10% contingencies) for the 1975 and 1977 Local improvement sidewalks be
finehated from our Operating Budget accounts.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 53
No. 311 - City Manager - Re: By-law 78-58, Weed Control. The report advises
that the subject by-law which designates Black and Climbing Nightshades as
local noxious weeds has been approved by the Minister of Agriculture and Food.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that
the report be received and filed. Carried Unanimously.
NOTE: Alderman Mann was absent when the vote was taken : on this matter.
No. 312 - City Manager - Re: Sylvia Place Parking Lot. The report recommends
passage of a by-law to control the southerly portion of the Sylvia Place parking
lot.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fete, that the
report be received and adopted. Carried Unanimously.
See By-law No, 78-111
NOTE:-Alderman Mann was absent when the vote was taken
on this matter.
No. 313 - City Manager - Re: Revised Development Plan ApprOval for Proposed
Addition to Fairway Motel on Clark Avenue. The report recommends approval of
the subject revised development plan.
ORDERED on the motion of Alderman Fare, seconded by Alderman Thomson, that
the report be received and adopted. The motion Carried with Alderman Crows
abstaining on a conflict of interest. """
NOTEs Alderman Mann was absent when the vote was takes:
, on this matter.
No. 314 - City Manager - Re: Proposed Morrison Street Extension. The report
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recomends passage of two by-laws authorizing the conveyance of land to the
Region for the purpose of the extension of Morrison Street, and establishing
LaMarsh Drive as a public highway and to establish a i foot reserve block as
a public highway.
ORDERED on the motion of Aldenan Chessman, seconded by AldermanThomson, that
the report be received and adopted. Carried Unanimously,
See By-laws 78-112
78-113
No. 315 - City Manager - Re: Proposed Extension of Norrison Street at its
Intersection with the C.N.R. Kaii Line. The report reconnends passage of a
by-law to prohibit whistling at the Morrison Street intersection of the
Stamford Subdivision of C.N.R.
Alderman theeamen asked if the City could request the Region to have
short-arm protection gates installed at the crossing. The City Ymnager stated
that the City could ask the Region to make an application for protection at
the crossing, which the City would support.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Cheesman, that
the report be received and adopted, and further that the Region be requested
to make application for protection at the subject crossing. Carried Unanimousl
No. 316 - City Manager - Re: Proposed Dorchester Village Subdivision. The
report recommends preliminary approval of the draft plan of subdivision subject
to three conditions.
Aidenan Sobol stated that she would not support the recomendation since
she felt town housing would not be a compatible use for that neighbourhood.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera,'that
the report be received and adopted. The marion Carried with Aiderman Sobol
voting contrary and all others voting in favour.
No. 317 - City Manager - Re: M.T.C. Subsidies. The report advises that the
M.T.C. has approved a supplementary subsidy of $150,000.00 which represents
approximately $300,000 worth of additional subsidizable construction work at
the rate of 50% subsidy by the M.T.C.
ORDERED on the motion of Alderman Thomson, seconded..~ Alderman Stewart, that
the report be received and filed. Carried Unanimously.
No. 318 - City Manager - Re: Statement of Revenue and Expenditure. The
report provides a 'statement of revenue and expenditure for the tax supported
section, water supply system and the parking fund for the period January 1
to ~ay 19, 1978,
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that
the report be received and filed, Carried Unanimously.
No. 319 - City Manager - Re: Vacancy - Board of Governors, Niagara College o£
Applied Arts & Technology. The report advises that Mr. P. Lococo, Mr. G. Murra
Mr. E. Oatley and Mr. W, Stanyer have expressed an interest in serving on the
Board of Governors for Niagara College.
ORDERED on the motion of Alderman theeamen, seconded by Alderman Thomson, that
Mr. W, Branyet be appointed to the Board of ~overnors for Niagara College, and
that a by-law confirming the appointment be prepared, Carried Unanimously.
No. 320 - City Manager - Re: Resolutions from Other Municipalities.
!) To~n of Coderich - Requestin~ the Ontario Government to consider the.
continuance of the grants available under the Parks Assistance Act.
Recommendation - That the resolution be received and filed and that the
Town of Coderich be notified of the City's concern that the discontinuance
of all conditional grants be re-examined relative to its. impact on all
municipalities, and that the Province of Ontario be notified of that action.
ORDERED on the motion of Alderman Fete, seconded by Alde.~an Thomson, that
the recommendation be adopted. Carried Unanimously,
2) Township of Wainfleet - Requesting that the authority to license salvage
yards and second hand goods stores be transferred to the Councils of local
municipalities.
Recommendation - That the resolution be received and filed.
· . ORDERED on the motion of Alderman Sobol, seconded by Alderman Mann, that the
recommendation be adopted. Carried Unanimously.
3) City of Kingston - l~questinS the Attorney-General of Ontario to raise the
.. fee for Jury duty.
Rec~mendation - That the resolution be endorsed and the appropriate bodies
ORD~D on the motion of Alderman Crows, seconded by AIdeman ~acBain, that th~
re, commendation be adopted. qarried Unanimously.
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4) Town of Geraldton - Requesting the provincial authorities to exempt school
board debt when determining the municipality's ability to borrow.
Recommendation - That the resolution be received and filed and the Town of
Geraldton be informed of this municipality's opinion.
ORDERED on the motion of Aldenan Crowe, seconded by Alderman Jaluvka, that
the recommendation be adopted. Carried Unanimously.
5) City of Windsor - Regarding the need to control toxic compounds such as
insecticides, polychlorinated biphenyls, etc.
Recommendation - That the resolution be endorsed.
ORDERED on the motion of Aldenan Sobol, seconded by Alderman Thomson, that
the recommendation be adopted. Carried Unanimously.
6) City of Kitchener - Town of Lindsay - City of Stratford - Requesting the
Province to establish and promote the use of a refillable soft drink bottle
system and the banning of non-refillable beverage containers.
Recommendation - That the resolutions be endorsed in order to penit full
consideration of the matter by the Association of Municipalities of Ontario.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the
recommendation be adopted. Carried Unanimously.
7) City of Kitchener - Expressing concern to the Province relative to the
quality of movies shown throughout the Province which contain undue
exploitation of sex and violence.
Recommendation - That the resolution be endorsed.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobol, that the
recommendation be adopted. Carried Unanimously.
8) Town of Pelham - Regarding the establishment of a public awareness program
on vandalism.
Recommendation - That the resolution be endorsed.
ORDERED on the motion of Aldenan Crowe, seconded by Alderman Schisler, that
the recommendation be adopted. Carried Unanimously.
9) Township of Nottawasaga - Requesting the Government of Ontario to abolish
the Niagara Escarpment Commission and rescind the Niagara Escarpment Planning
and Development Act.
Recommendation - That the resolution be received and filed.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Jaluvka, that
the recommendation be adopted. Carried Unanimously.
No. 321 - City Manager - Re: Building Permits. The report provides a breakdown
of the permits issued by the Building & Development Department for the month of
May, 1978.
ORDERED on the motion of Aldenan Thomson, seconded by Alderman Dilts, that
the report be received and filed. Carried Unanimously.
No. 322 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman Mann, seconded by Aldenan Dilts, that the
report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 47 - THOMSON - JALUVKA - RESOLVED t~at the Council of the Corporation of
the City of Niagara Falls hereby certifies that By-law No. 78-108 for the
rezoning of property at 5914 Stanley Avenue, conforms to Official Plan
Amendment No. 28 of the Niagara Falls Planning Area, as amended and approved
by the Minister of Housin~; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 48 - THOMSON - CHEESMAN - RESOLVED that the prices submitted by Gulf Oil
Company be accepted at the tendered price of $0.7789 per gallon for gasoline,
$0.7113 per gallon for gasoline, and further that the unit prices submitted
by Gulf Oil Company for the supply of lubricants be accepted; AND the Seal
of the Corporation be hereto affixed.
Carried Unanimously
No. 49 - THOMSON - CHEESMAN - RESOLVED that the quotation submitted by P.C.O.
Services Limited for rodent control on City property and private property, be
accepted at the quoted price of $1,680.00 for City property and $1.00 per call
on/privateproperty; AND the Seal of theCorporation be hereto affixed,
Carried Unanimously
No. 50 - THOMSON - CHEESF~6~ - RESOLVED that the unit prices submitted by Steed
and Evans Limited for ~he construction of roads on Shirley Avenue, be accepted
· .12
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at the tendered price of $34,915.40; AND the Seal of the Corporation be
hereto affixed.
Carried Unanimoush
No. 51 - SOBOL - CHEESMAN - RESOLVED that pursuant to The Public Tran
and Highway 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 $189,375 for the Capital Assistance Programme
and $238,509 for the Transit Operating Assistance Programme; AND the Seal of
the Corporation be hereto affixed.
Carried Unanimousf
No. 52 - THOMSON - FERA - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby approves the Detailed Study Design for the railway
relocation study, and further that the City Solicitor be authorized to work
with the Regional Solicitor in preparing any necessary documents; AND the Seal
of the Corporation be hereto affixed.
Carried Unanimously
No. 53 - THOMSON - CHEESMAN - RESOLVED that the unit prices submitted by Steed
and Evans Limited for sidewalk construction at various locations throughout the
City be accepted at the tendered price of $64,497.45; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Mann, seconded by Alderman Cheesmun, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
No. 78-109 - A By-law to authorize the execution of an agreement with Steed and
Evans Limited for road construction on Shirley Avenue.
No. 78-110 - A By-law to authorize the execution of an agreement with Steed and
Evans Limited for sidewalk construction.
No. 78-111 - A By-law regulating the parking of vehicl'~s on a portion of the
Sylvia Place Parking Lot.
No. 78-112 - A By-law to authorize the conveyance of land to the Regional
Municipality of Niagara for the purpose of the extension of
Street.
No. 78-113 - A By-law to establish LaMarsh Drive as a public highway and to
establish a certain 1 foot reserve blo~k=as, a-public highway·
No. 78-114 - A By-law to prohibit the sounding of any railway engine whistle
in respect of the Morrison Street highway crossing in the City of
Niagara Palls.
No. 78-115 - A By-law to authorize the execution of agreements for the
cleaning of sewers and culverts and the television inspection of
No. 78-116 - A By-law to provide monies for general purposes.
Carried
ORDERED on the motion of Alderman Sobol, seconded by Alderman Mann, that the
following by-laws be now read a second and third time:
No. 78-109 - A By-law to authorize the execution of an agreement with Steed
Evans Limited for road construction on Shirle~ Avenue.
No. 78-110 - A By-law to authorize the execution of an agreement with Steed and
Evans Limited for sidewalk construction.
No. 78-111 - A By-law rngulatin8 the parking of vehicles on a portion of the
Sylvia Place Parking Lot.
No, 78-112 - A By-law to authorize the conveyance of land to the Regional
Nunieipelity of Niagara for the purpose of the extension of Morris0
Street.
No, 78-113 - A By-law to establish LaNarsh Drive as a public highway and to
establish a certain 1 foot reserve block as a public hiSh~ay.
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No. 78-114 - A By-law to prohibit the sounding of any railway engine whistle in
respect of the Morrison Street highway crossing in the City of
Niagara Falls.
No. 78-115 - A By-law to authorize the execution of agreements for the hydraulic
cleaning of sewers and culverts and the television inspection of
sewers·
No. 78-116 - A By-law to provide monies for general purposes.
Carried Unanimously
NEW BUSINESS
PROPOSED REGIONAL HEADQUARTERS
His Worship, Mayor Bukator thanked Council for the support given to him
in proposing a site in Niagara Falls for the new Regional Headquarters. The
Mayor indicated that Regional Council isexpected to make a decision on the
matter on June 15th, 1978, and advised that he was very confident that the site
in Niagara Falls would be chosen.
CAMPING RATES AT CONSERVATION AUTHORITY PARKS
Alderman Crowe advised that he had received a number of calls regarding
the sizeable increase in camping rates in Niagara Peninsula Conservation
Authority parks. The Alderman asked if staff would contact the Authority
regarding the increases, particularly those affecting senior citizens and
people leaving trailers at the parks during the week.
CANADA WEEK
It was moved by Alderman Schisler, seconded by Alderman MacBain, that
the week of June 25th to July 1st, 1978, be proclaimed as Canada Week. The
motion Carried Unanimously.
It was moved by Alderman Crewe, seconded by Alderman Schisler, that the
meeting adjourn to an informal discussion regarding levels of service in City
operations. Carried Unanimously.
MAYOR
SEVENTEENTH MEETING
Committee Room #1
June 26, 1978
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole on Monday, June 26, 1978 at 7:15
p.m. All members of Council were present with the exception of Aldermen Cheesman
andMann. Alderman Crowe presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
READ ANDADOPTED,
MAYOR
Council Chambers
June 26, 1978
Council met on Monday, June 26, 1978 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Aldermen Cheesmmn and Mann. His Worship, Mayor Bukator presided
as Chairman. Alderman 8obol offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fera, seconded by Alderman Thomson, that
the minutes of the meetings held on May 29th and June 12th, 1978, be adopted as
printed. Carried Unanimously.
DEPUTATION
MR. V. LUTS - STORM SEWER ON PETTIT AVENUE
Mr. V. Luts was granted permission to address Council on the motion o~
Alderman Thomson, seconded by Alderman Fete. Mr. Luts asked that Council give
consideration to the installation of a storm sewer on Pettit Avenue. Mr, Luts
advised that he had been waiting for the sewer to be installed for eight or
nine years and felt that this was.very necessary for the homes on that section
of the street.
Alderman Thomson advised that he was familiar with the problem, and
explained that Mr. Luts' property on Pettit Avenue is in a built-up area of
the City and there is no storm sewer servicing the section of Pettit Avenue
involved. Ditches presently handle storm water in the area. The residents
had recently petitioned for a storm sewer under the Local Improvement Program
and were hoping for special consideration to have funds made available for the
work to be carried out as soon as possible. Alderman Thomson advised that
Mr. Luts was one of the first to build a home in this area, and had paid the
total cost to have the services extended so that he could build. At that
time, the Municipality did not want to extend a sewer to this area. The
Alderman further pointed out that eight or nine years had passed since that
time, and felt that if the members of Council were familiar with all of the
details of the matter, they would sympathize with Mr. Luts and try to f~nd
a solution to the problem.
ORDEP, ED on the motion of Alderman Thomson, seconded by Alderman Sobol, that
the matter be referred to staff for the preparation of a report to be submitted
at the next Council meeting. Carried Unanimously.
UNFINISHED BUSINESS
MUNICIPAL ELECTIONS ACT - 1977
Report No. 323 - Special Committee - The report of the special conmittee
recommends that no action be taken until further clarification can be obtained
regarding several items of concern. Re-examination of the matter at a later
date would appear to be the best action at the present time.
Alderman MacBain advised that a check had been made with other municipalit
and it was found that no other municipality has taken advantage of the permiss~
legislation to pass a by-law because of the administrative difficulties and
the expense. For that reason, the Committee was recommending that the City
take a '~ait and see" attitude on the matter.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
CONSERVING ONTARIO'S MAIN STREETS
Report No. 324 - Local Architectural Conservation Advisory Committee - The
report of the Committee recommends that Alderman Cheesman and FAr. F. Petrie
be authorized to attend a conference to be held at Trent University from
August 24 - 27, 1978 regarding Conserving Ontario's Main Streets.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
PETITION
Communication No. 83 - Residents of the Dunn Street/Waters Avenue Area - The
petition requests the City to erect stop signs at the intersection of Dunn Stre~
and Waters Avenue.
Mr. R. Pullano, an area resident, was granted permission to address Councfi
on the motion of Alderman Fera, seconded by Alderman Thomson. Mr. Pullano
advised that a ntu~ber of days ago, he had backed out of his driveway and
pulled his car in front of his house when a car car approaching the intersectia
had accelerated rapidly before making a turn and narrowly missed hitting him.
Mr. Pullano. advised that a neighbout had estimated the speed of the car to be
forty-five to fifty miles per hour while going around the corner. What concemi
FAr. Pullano was the fact that there could easily have been a child standing
near the corner, and the child could have been killed by that car. Mr. Pullshe
felt that stop signs should be erected at the intersection before someone is
hurt or killed by the speeding cars in the area. It was further advised that
the situation is just as dangerous in the winter time, since cars have skidded
right through hedges and on to the front lawns of the houses.
It was moved by Alderman Thomson, seconded by Alderman Dilts, that the
matter be referred to staff for preparation of a report as soon aS possible.
Carried Unanimously.
CO}~UNICATIONS
No. 84 - Ministry of Industry and Tourism - Re: Shop Canadian Program. The
communication requests the support of the City for the Shop Canadian Program.
OREERRD on the motion of Alderman Sobol, seconded by Alderman Schisler, that
the City endorse and participate in the Program. Carried Unanimously.
No. 85 - Regional Municipality of Niagara - Re: Procedures for OMB Hearing on
the Regional Niagara Policy Plan and Urban Areas Boundaries. The communication
requests the comments of the City on the procedure to be followed for the
OMB Hearing on the Regional Niagara Policy Plan and Urban Areas Boundaries.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the
communication be referred to staff for the preparation of a report. Carried
.::Unanimously.
No. 86 - Regional Municipality of Niagara - Re: Comments on the Niagara
Escarpment Commission's Preliminary Proposals. The communication requests the'
comments of the City on the preliminary proposals of the Commission.
ORDERED on the motion of Alderman Orr, seconded by Alderman. Thomson, that
the communication be referred to staff for the preparation of a report.
Carried Unanimously. ·
.No. 87 - Messrs. L.J. Saddler, J.A. Sissons and F.J. Vancea - Re: Drainage
Problem - Brian Crescent. The communication requests the assistance of Council
in dealing with a drainage problem on the section of Brian Crescent that is
contiguous to lots on NcGill Street.
No. 88 - Mr. G. Vasko - Re: Drainage Problem - McGill Street. The connnunicati0:
· ,i . requests the assistance of Council in dealing with a drainage problem between
the rear of his property on McCill Street and the.new subdivision adjacent.
Mr. C. Vasko was granted permission to address Council on the motion of
Alderman Thomson, ~econded by Alderman Orr. Mr. Vasko advised that this
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problem has been existing for several years, and felt it was the City's
responsibility to correct the situation. When the plans for the new subdivision
to the rear of his property were announced, Mr. Vasko advised that he had
corresponded with the City regarding the development's effect on drainage in
the area. Mr. Vasko pointed out that the catchbasins in the area should be
sufficient to handle the drainage, however they are not working and water is
ponding at the rear of his property. It was felt the subdivision had disrupted
the natural drainage of the land, and Mr. Vasko requested that action be taken
to alleviate the problem.
Mr. L. Saddler was granted permission to address Council on the motion
of Alderman Thomson, seconded by Alderman Orr. Mr. Saddler advised that any
time there is an appreciable amount of rain, the water ponds in the backyards
along Brian Crescent. The homes involved are in the lowest section of the
Crescent and water settles there. Contact was made with the City's Engineering
Department, the developer and the contractor, however nothing has been done
to solve the problem.
Alderman Thomson agreed that problems of this nature are frustrating for
home owners, particularly when there have been catchbasins installed but due
to the grading of the lots, the catchbasins do not handle the water properly.
The Director of Municipal Works confirmed that there are several catchbasins
in the area just over four hundreed feet apart which is better spacing than
on the streets. There is a problem in grading of the property, however this
matter will be covered in a report.
In response to a number of questions raised by Alderman Fera, the
Director of Municipal Works advised that the various alternatives available
for handling such matters do not always solve the problems. For example, if
the City were to have the elevations of the lots on title with a registered
plan, this would appear to solve the problem, however if the ground sinks even
a small amount on a wet day, this could start a drainage problem. There is
also the legal question of whether or not the City can force an individual to
carry out certain work on private property.
Following further comment, it was moved by Alderman Thomson, seconded
by Alderman Jaluvka, that the matter be referred to staff for study and preparation
of a complete report. The motion Carried Unanimously.
No. 89 - Mr. & Mrs. D. Wultchyn - Re: Proposed Bonnie Subdivision. The
communication requests an extension of one year for the draft plan approval
for the proposed Bonnie Subdivision.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson, ~hat
the request be approved. Carried Unanimously.
No. 90 - Mr. D. Marinelli - Re: AM-l/78, J. DeGiorgio on McLeod Road. The
communication requests that Council consider passing an amending by-law to
allow Mr. DeGiorgio to commence construction on his motel at the time the
contract for services is entered into between the Municipality and the
contractor.
rezoning was the provision of a storm sewer prior to construction of the motel.
If Council agrees, construction of the motel will proceed at the same time as
construction of the storm sewer, and construction will be }lets in time for
-4-
working on those holidays will be paid accordingly which will return more
dollars into the community. Mr. Torok explained that Niagara Square was not
asking to remain open on Sundays or other holidays, only the three holidays
falling during the prime tourist season. It was also pointed out that many
visitors on holidays consider shopping a part of their vacation, and for that
reason, Niagara Square is an important part of the City*s tourist industry.
Following further comment, it was moved by Alderman Crows, seconded by
Alderman Dilts, that the communications be received and filed. Carried
Unanimously.
No. 93 - Chamber of Commerce - Re: Niagara Escarpment Commission. The
communication requests the support of the City in requesting the disbandment
of the Niagara Escarpment Commission.
Alderman Thomson stated that he was tempted to support the suggestion of
the Region due to the difficulties individuals experience in trying to deal wit
their land through the Commission. The Alderman felt the Commission exercised
too much control at the present time, and suggested that pressure of this kind
could make the Commission become more co-operative in dealing with development
applications.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Orr, that the
communication be received and filed, and the Chamber advised of the City's
opinion that the jurisdiction of the Commission be modified and not abolished.
Carried Unanimously.
No. 94 - Dante Alighieri Society - Re: Proposed Kurelek Drive. The communicati
requests that Council consider the renaming of the East Service Road at McLeod
Road to Kurelek Drive.
ORDERED on the motion of Alderman Jaluvka, seconded by Alderman Thomson, that
the communication be referred to the Street Name Committee for consideration
in conjunction with other changes presently under review. Carried Unanimously.
No. 95 - Mr. G. Lalicich - Re: Ontario Fastball Championships. The communicati
requests the permission of the City to hold a beer garden at Ker Park during th
Ontario Fastball Championships from June 30 - July 3, 1978.
ORDERED on the motion of Alderman Schisler, seconded-by Alderman Sobol, that th
request be approved subject to approvals being obtained from all other authortt
involved. Carried Unanimously.
No. 96 - City of Quebec - Re: 370th Anniversary of the Foundlug of Quebec City.
The communication extends an invitation to the members of Council to participat
in the celebration of the 370th anniversary of the foundlug of Quebec City by
Samuel de Champlain.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Thomson, that
His-Worship, Mayor Bukator and Alderman Chessman be authorized to attend.
Carried Unanimously.
REPORTS
No. 325 - Planning & Development Committee - Re: AM-4/77, Surplus M.T.C. Lands
and Official Plan Amendment No. 97, Northwest Corner of Lundy's Lane and Q.E.W.
The report recommends passage of by-laws providing for an Official Plan amend~
and restricted area by-law amendment for the subject property.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
See Resolution No.
See By-laws 78-117'
78-118
No. 326 - Planning & Development Committee - Re: AM-24/77 and Official Plan
Amendment No. 94, Thor-west Niagara Falls Ltd., Northwest Corner of Thorold
Stone Road and Montroee Road. The report recommends approval of the applicati~
subject to Development Control and adoption of Official Plan Amendment No. 94
by by-law.
ORDERED on the motion of Alderman Orr, seconded by Alderman Dilts, that the
report be received and adopted. The motion Carried with Alderman Robol voting
contrary, and all others voting in layout.
See Resolution NoL
See By-laws 78-119
78-120
No. 327 ~ Planning & Development Committee - Rel AM-8/78, Group 2 Development
,
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Town and Country Plaza. 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.
ORDERED on the motion of Alderman Orr, seconded by Alderman Stewart, that the
report be received and adopted. The motion Carried with Alderman Sobol voting
contrary, and all others voting in favour.
See Resolution No. 56
See By-law No. 78-121
No. 328 - Planning & Development Committee - Re: AM-11/78, Welland Securities Ltd.,
South Side of Welland River. The report recommends approval of the application
in principle.
Alderman Schisler advised that he felt the application was premature, and
would vote contrary even though approval was only being recommended in principle.
· ORDERED on the motion of Alderman Fera, seconded by Alderman Orr, that the report
be received and adopted. The motion Carried with Alderman Schisler voting
contrary and all others voting in favour.
No. 329 - Planning & Development Connnittee - Re: AM-13/78, E. Rinderlin, Northwest
Comer of River Road and Ellis Street. The report recommends approval of the
application subject to Development Control and that Council certify by resolution
that the application will conform to Official Plan Amendment No. 28 of the
Niagara Falls Planning Area after an amendment is approved by the Minister of
Housing.
Mr. D. Kewley, of 4893 River Road, was granted permission to address
Council on the motion of Alderman Orr, seconded by Alderman Sobol. Mr. Kewley
advised that the property in question is the old Marshall residence, and while
Mr. and Mrs. Gales lived there it was kept up very well. When the rezoning
was considered by the Planning & Development Committee, thirty residents from
the area were in attendance to express their opposition. In addition to opposition
expressed by the legal representative of the Niagara Parks Commission, the
Planning Department staff recommended against the application, and it appeared
as though the only persons in favour of the proposal were the members of the
Committee. Mr. Kewley stated that the residents on Ellis Street who live in
duplex houses have a problem with traffic at the westerly end of Ellis Street.
Traffic is heavy in the summer months, and-people are forced to exit from
Ellis Street at that point. In addition, the residents have a parking problem
and it was felt the restaurant would further aggravate that situation. Mr. Kewley
stated that according to the original proposal, the gate house will be torn
down and that area will be paved through to the back which will necessitate'
the removal of a large maple tree. The biggest concern of the residents is
whether or not the restaurant will succeed. Mr. Kewley felt the City could
not support a restaurant of the type proposed by Mr. Rinderlin, an expensive
haute cuisine restaurant charging prices of up to $50 per dinner. If the
proposal fails, the property will be zoned con~nercial and the owner could sell
it and any type of restaurant could be started, such as a fast-food chain.
Mr. Kewley showed slides of various homes in the area to show that a great deal
of work has been done by the property ~ners to improve their homes. In summary,
Mr. Kewley stated that the residents do not want a restaurant in the area and the
people living on Ellis Street are concerned about the traffic problems that
could be created by allowing a commercial property at the corner of Ellis Street
and River Road.
Mr. J. Lagace, also a resident of the area, pointed out that many cars
stop at this particular point on River Road to view the Niagara River, and on
one occasion, his wife had counted sixteen cars that had stopped. Mr. Lagace
felt that if a restaurant were established, the traffic would be much worse.
Mr. P. Viscusi, a resident of Ellis Street, stated that he owned a
restaurant in the City, and pointed out that there are many old houses in the
City where restaurants would be a permissable use and questioned why this
particular residential area had been chosen. As a restaurant owner, Mr. Viscusi
stated that he could not serve $50 dinners and hope to remain in business, as he
not only served local residents, but tourists.as well. Without the tourist trades
Mr. Viscusi stated that his business would be dead. Mr. Viscusi also agreed
that the traffic in the area is a serious problem, and accidents would occur
at the corner of Ellis and River Road due to the layout of the streets.
Mr. B. Sinclair, solicitor for the applicant, advised that since the
original Planning & Deyelopment Connittee meeting, he had Mr. Paul Cunningham
carry out an analysts of the homes in the area between Ellis Street and
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Michael's Inn. Of the forty-five homes, twelve are tourist homes, eighteen
are multiple family and fifteen are single family, which demonstrates the
movement to multi-family homes in the area. Mr. Sinclair felt that the City
would see private enterprise making more and more tourist homes. With respect
to the slides shown earlier, Mr. Sinclair stated that many of the homes shown
were in the area of Michael's Inn, which is a nice area, however the property
in question is closer to Zimmerman Avenue which has started to become run-do~
It was explained that the house would be restored to its original beauty and
every effort would be made to retain the gate house. The restaurant itself
will seat forty-five people, however it is not likely that it would be full
at all times. According to the zoning regulations, only one parking space
per five persons is required, and the nine spaces can be provided on the
property through development control. With respect to the suggested traffic
problem, Mr. Sinclair pointed out that one car every fifteen minutes or so
would not have that much of an impact on the area and stated that a situation
with rooms rented out could generate more traffic with cars coming and going.
Mr. Sinclair also pointed out that there could be no fast-food restaurant
in that location, the property has to be maintained as it is now, if not it
would likely become a multi-family house.
Mr. E. Rinderlin stated that he realized there are many restaurants and
motels in the City, however it had been a personal dream of his for many years!
to operate a fine restaurant in the City. Mr. Rinderlin pointed out the Town
of Niagara-on-the-Lake had capitalized on its preservation of old and historic~
properties, and that was his intention to preserve the house and restore it t~
its original beauty. Pictures showing the property around the 1900's were
distributed, and Mr. Rinderlin advised that part of the home called the porte-
cochere is no longer there, however Mr. Rinderlin felt it would be an appropri~
name for the restaurant. It was agreed that parking could be a problem, howew
Mr. Rinderlin stated that he was willing to work with the City in solving that
problem. Mr. Rinderlin suggested that it was not likely that anyone would
notice twenty more cars on River Road. With respect to the suggestion that
the property could became a fast-food restaurant, Mr. Rinderlin suggested that
the City make approval conditional upon the property not being converted into
an operation of a cheaper sort. The restaurant would rely on the tourist
trade, but Mr. Rinderlin stated that he would keep the property from becoming
like the honky-tonk of other tourist areas. _._
Mr. F. Gales, owner of the property, stated that he would like to make an
appeal to Council on behalf of his wife who has lived at that property for over
fifty years and who is very concerned about its preservation. Mr. Gales
explained that he and his wife could no longer afford to shoulder the burden
of its maintenance, and felt that Mr. Rinderlin's intentions will enable the
City and neighbouts to be proud of the fine old house being cared for and
kept as it has been for the best part of one hundred years. While the house
is unique, having genuine quality and character, ~t has been affected by the
gradual decline in River Road which at one time was part of the showpiece of
the City. With respect to the slides shown by Mr. Kewley, Mr. Gales felt they
were handpicked pictures and did not show many of the houses needing attention.
Mr. Gales felt if the house was to become a rooming establishment with six or
more cars and washing hanging on the line, it would not be a wonderful advertis
for River Road as has happened further down River Road. It was also pointed
out that the property at the corner of Morrison now called Bethel took on a
completely different complexion without the immediate residents being consulted
and Mr. Gales asked why there was suddenly a fuss being made over this proposal
It was felt that the rezoning was not opening the door for other commercial
operations or the honky-tonk of Clifton Hill, but samething much superior andc
which Niagara-on-the-Lake would be envious. Mr. Gales asked that if Council '
does not allow the proposal, that it come up with samething realistic and
practical. Reference was also made to the condition of some of the properties
in the area, such as the grass and weeds growing at Simcoe and River Road, the
trucks parked behind the church near Zimmerman and around the corner from
Ellis Street, and the fact that the City had made no attempts to control those
· problems. Mr. Gales did not feel there would be any traffic problem caused by
the proposal, and appealed to Council do take some action at this time, otherwi
the situation would go on for years.
Mr. Kewley pointed out that the house is already a duplex and could be
continued to be used for that purpose. With respect to the slides sho~n,
Mr. Kewley stated that the pictures were not hand-picked and that many of the
homes were better off and many much worse off. It was felt that the coach
house would be torn down along with an old tree to facilitate paving for the
parking ares. Mr. Kelley was still of the opinion that the traffic and parki~
problems would be increased by the restaurant patrons. Mr. Kewley stated that
if Council allows the rezoning of this property, there would be other people
who would start buying houses and start to fezone the area to connnercial.
Following further comment, it was moved by Alderman MacBain, seconded by
Alderman Dilts, that the report be received and adopted. The motion Carried
with Alderman Sobol voting contrary, Aldermen Crowe and Jaluvka abstaining on
conflicts of interest, and all others voting in favour.
See Resolution No. 57
See By-laws 78-122 a~d
78-123
No. 330 - City Manager - Re: Thorold Stone Mall. The report recommends passage
of a by-law to permit the construction and installation by Bramalea Limited of a
watermain, sanitary sewermain and storm sewermain upon City lands to service
the Thorold Stone Mall.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
See By-law No. 78-124
NOTE: Alderman Orr was absent when the vote was taken
on this matter.
No. 331 - City Manager - Re: Sodom Road Sanitary Sewer. The report reconmends:
1) That the City of Niagara Falls assume the cost of oversizing the sanitary
sewer from 21" to 27" in diameter on the basis of "a ratio sharing" in accordance'
with the estimates of Alternative ~1 and Alternative #2; 2) That the Region
absorb all costs of engineering associated with this project; 3) That the Region
be requested to contact Central Mortgage and Housing Corporation to determine
if the costs eligible for Alternative #1 (i.e. total cost) could be used for
Alternative #2.
ORDERED on the motion of Alderman Macgain, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
NOTE: Alderman Orr was absent when the vote was taken
on this matter.
No. 332 - City Manager - Re: Huron Street Parking Lot. The City Clerk advised
that the report should be tabled pending further information.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be tabled. Carried Unanimously.
NOTE: Alderman Orr was absent when the vote was taken
on this matter.
No. 333 - His Worship, Mayor Bukator - Re: Operating Budgets. The report
advises that copies of the detailed working papers used by senior staff in the
preparation of the 1978 Operating Budget will be provided to members of Council
along with copies of the Regional Current Budget.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dllts, that
the report be received and filed. Carried Unanimously.
NOTE: Alderman Orr was absent when the vote was taken
~' on this matter.
No. 334 - His Worship, Mayor Bukator - Re: Report on 1978 F.C.M. Conference.
The report provides information on the proceedings of the 1978 conference of
the Federation of Canadian Municipalities held in Edmonton.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Jaluvka, that
the report be received and filed. Carried Unanimously.
NOTE: Alderman Orr was absent when the vote was taken
on this matter,
No. 335 - City Manager - Re: American Public Works Association Annual Conference.
The report recommends the attendance of one member of Council and one member of
the Municipal Works Department at the subject conference to be held in Boston,
Massachusetts from October 14 - 19, 1978.
ORDERED on the motion of Alderman Fete, seconded by Alderman Dilts, that the
report be received and adopted, and that Alderman Stewart be authorized to
attend the conference. The motion Carried with the following vote:
AYE: Aldermen Dilts, Fete, Jaluvka, Macgain, Schisler, Stewart and Thomson.
NAYE: Aldermen Crowsand Schisler.
NOTE: Alderman Orr was absent when the vote was taken
on this matter.
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No. 336 - City Manager - Re: Annual Conference of the Association of
Municipalities of Ontario. The report recommends the attendance of the
City Clerk and up to five members of Council to represent the Municipality
at the conference to beheld in Toronto from August 20 - 23, 1978.
ORDERED on the motion of Alderman Thomson, seconded by~lderman Stewart, that
the report be received and adopted, and that His Worship, Mayor Bukator,
Aldermen Cheesman, Fera, Stewart and Thomson be authorized to represent the
City at the Conference. Carried Unanimously.
NOTE: Alderman Orr was absent when the vote was taken
on this matter.
No. 337 - Loan Review Conmittee - Re: Applications for Assistance. The report
recommends approval of ten applications for assistance received under the
Ontario Home Renewal Program.
ORDERED on the motion of Alderman Crowe, seconded by Alderman Thomson, that
the report be received and adopted. Carried Unanimously.
No. 338 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 54 - THOMSON - STEWART - RESOLVED that the Council of the Corporation of th
City of Niagara Falls hereby certifies that By-law No. 78-118 for the rezoning
of lands at the northwest corner of Lundy's Lane and the Q.E.W., will conform
to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, once
Amendment No. 97 is approved by the Minister of Housing; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously
No. 55 - ORE - DILTS - RESOLVED that the Council of the Corporation of the City
of Niagara Falls hereby certifies that By-law No. 78-120 for the rezoning of
lands at the northwest corner of Thorold Stone Road and Montrose Road, will con
to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, once
Amendment No. 94 is approved by the Minister of Housing; ~ the Seal of the
Corporation be. hereto affixed.
Carried with Alden
Sobol voting contrs
and all others v0ti
in favour.
No. 56 - ORR - STEWART - RESOLVED that the Council of the Corporation of the Ci
of Niagara Falls hereby certifies that By-law No.178-121 for the rezoning of
Part of Township Lot 61, known as the Town and Country Plaza on 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 with Alde~
8obol voting contra
.~-- and all others voti
in fayour. '
No. 57 - MACBAIN - DILTS - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 78-123 for the rezoni~
of property at the northwest corner of River Road and Ellis Street, will
conform to Official Plan Amendment No. 28 of the Niagara Falls Planning Area,
once Amendment No. 98 is approved by the Minister of Housing; ~ the Seal of
the Corporation be hereto affixed.
Carried with Alde~
Sobol voting contr~
Aldermen Crows and
Jaluvka abstaining
a conflict of inter
and all others voti
in favour.
BY-L~WS
ORDERED on the motion of Aldenmn Thomson, seconded by Aideman Schisler, that
By-lsw No, 77-280 be no~ rend a third and final time:
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No. 77-280 - A By-law to authorize the acquisition of land for park and
recreation purposes. (Northwest Recreation Project)
Carried Unanimously
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. 78-117 - A By-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Falls Planning Area. (M.T.C. Surplus Lands, AM-4/77)
No. 78-118 -
A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the former
To,~nship of Stamford, now in the City of Niagara Falls, as amended.
(M.T.C. Surplus Lands, AM-4/77)
No. 78-119 -
A By-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Falls Planning Area. (Thor-west Niagara Falls Ltd.,
AM-24/77)
No. 78-120 -
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.
(Thor-west Niagara Falls Ltd., AM-24/77)
No. 78-121 - 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. (Grou~ 2
Development Ltd., AM-8/78),
No. 78-122 - A By-law to provide for the adoption of an amendment to the Official
Flan of the Niagara Falls Planning Area. (E. Rinderlin, AM-13/78)
No. 78-123 - A By-law to amend By-law No. 5335, 1955, as amended. (E. Rinderlin,
AM-13/78)
No. 78-124 -
A By-law to authorize an agreement with Bramalea Limited for the
construction and installation of certain municipal services upon City
lands for the Thorold Stone Mall at 6153 Thorold Stone Road.
No. 78-125 - TABLED
No. 78-126 - A By-law to authorize the execution of an agreement with P.C.O.
Services Ltd. for rodent control services.
No. 78-127 - A By-law to amend By-law No. 77-21 providing for appointments to
certain Boards, Commissions and Committees.
No. 78-128 - A By-law to provide monies for general purposes.
Carried with Alderman
Sobol voting contrary
on By-laws 78-119, 78-12~
78-121, 78-122 and 78-123,
Aldermen Crowe and
Jaluvka abstaining on a
conflict of interest on
By-laws 78-122 and 7g-12~
and all others voting in
layout.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the
following by-laws be now read a second and third time:
No. 78-117 - A By-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Falls Planning Area.'(M.T.C. Surplus Lands, AM-4/77)
No. 78-118 -
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-4/77, M.T.C. Surplus Lands)
No. 78-119-
A By-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Falls Planning Area. (Thor-west Niagara Falls Ltd.,
AM-24/77)
No. 78-120 - A By-law to amend By-laws Nos. 2350, 1959 and 2530, 1960 of the
- 10 -
former Township of Stamford, now in the City of Niagara Falls, as
amended. (Thor-west Niagara Falls Ltd., AM-24/77)
No. 78-121 -
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. (Group 2
Development, AM-8/78)
No. 78-122 -
No. 78-123 -
No. 78-124 -
No. 78-125 -
No. 78-126 -
No. 78-127-
No, 78-128 -
A By-law to provide for the adoption of an amendment to the Offici
Plan of the Niagara Falls Planning Area. (E. Rinderlin, AM-13/78)
A By-law to amend By-law No. 5335, 1955, as amended. (E. Rinderlin,
AM-13/78)
A By-law to authorize an agreement with Bramalea Limited for the
construction and installation of certain municipal services upon
lands for the Thorold Stone Mall at 6153 Thorold Stone Road.
TABLED
A By-law to authorize the execution of an agreement with P.C.O.
Services Ltd. for rodent control services.
A By-law to amend By-law No. 77-21 providing for appointments to
certain Boards, Commissions and Committees. (W. Startyet - Board of
Governors of Niagara College)
A By-law to provide monies for general purposes.
Carried with
Sobol voting
on By-laws 78-119
78-121, 78-122
Aldermen Crowe and
Jaluvka abstainingl
conflict of interesi
By-laws 78-122 andi
and all others
fayour.
It was moved by Alderman Crowe, seconded by Alderman Stewart, that the
meeting adjourn to Committee of the ~ Carried Unanimously.
Committee Room #1
June 26, 1978
Council met in Co~ittee of the Whole on Monday, June 26, 1978, following'
regular meeting. All members of Council were present with the exception of
Aldermen Cheesman and Mann. Alderman Crowe presided as Chairman.
Following consideration of the items presented, the 'Committee of the Whole
arose without reporting.
READ AND ADOPTED,
- 11 -
COUNCIL MEETING
Council Chambers
June 26, 1978
Council reconvened in open session on Monday, June 26, 1978, following a
meeting in Committee of the Whole. All members of Council were present with the
exception of Aldermen Chessman and Mann. His Worship, }~yor Bukator presided
as Chairman.
The meeting adjourned.
READ AND ADOPTED,
MAYOR
EIGHTEENIN MEETING
Committee Room #1
July 10, 1978
COI~4ITTEE OF THE WHOLE
Council met in Committee of the Whole on Monday, July 10, 1978 at 7:00
p.m. All members of Council were present with the exception of Alderman Jaluvka.
Alderman Mann presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose and directed that the decisions reached in Committee be ratified in Open
Session during the course of the Council meeting.
READ AND ADOPTED,
R,'
' -~ Council Chambers
~Fw.-..' July 10, 1978'
Council met on Monday, July 10, 1978 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman Jaluvka. His Worship, Mayor Bukator presided as
Chairman. Aldennun Orr offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Sobol, seconded by Alderman Chessman,
that the minutes of the meeting held on June 26th, 1978, be adopted as
printed. Carried Unanimously.
DEPUTATIONS
PETITION - IMPROVEMENTS ON ARAD STREET
Communication No. 97 - Residents of Arad Street - The petition requests the
City in the widening and reconstruction of Arad Street from Drummond Road to
Brant Avenue, to provide a standard two lane pavement with concrete curbs
and gutters and the installation of a storm sewer system,
Mr. W. Bolton, representing residents of Arad Street, was granted
permission to address Council on the motion of Alderman Thomson, seconded by
Alderman Fera. Mr. Bolton referred to the petition submitted which had been
signed by residents of Arad Street on the section between Drummond Road and
~Brant Avenue, and stressed the need for Council's consideration of the request
'for improvements in the area. The Design & Construction Engineer stated
that although Skinner Street and Arad Street were not included in the Neighbourhood
Improvement Program, it would appear that there may be funds available to
undertake the improvements requested in the petition. It was suggested that
the petition be referred to staff for the preparation of a report to be
submitted at the next Council meeting.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that
the petition be referred to staff for the preparation of a report to he submitted
at the next Council meeting. Carried Unanimously.
PETITIONS - MORRISON STREET EXTENSION
Communication No, 98 - Residents of Morrison Street - The petition requests the
Region and City to have the present planned right angle intersection of
Morrison Street and the new Morrison Street extension deleted from the present
plan, and have Morrison Street flow into the new extension,
Connnunication No. 99 - Residents of Bur~ette Drive - The petition requests that
a suitable sound barrier be erected to reduce the noise level which will occur
because of the Morrison Street extension, preferably earth and trees. It is
also requested that the present Hydro fence be repaired and remain permament
between Drummond and Portage.
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Coununication No. 100 - Residents of Morrison Street & David Avenue - The
petition requests the Region and City to have the connection between new
Morrison Street to old Morrison Street eliminated.
Mr. H. Seeliner, a resident of Morrison Street, was granted permission
to address Council on the motion of Alderman Schisler, seconded by Alderman
Fear. Mr. Seeliner, on behalf of other residents present, explained the
objections in respect to the proposed extension of Morrison Street and
requested the Deputy Clerk to read letters from the Regional Director of
Engineering outlining the Region's position on the matter. The Design and
Construction Engineer posted a map of the Morrison Street extension and
explained the plan in detail.
Mrs. L. Hughes, a resident of Burdette Drive, was granted permission to
address Council on the motion of Alderman Thomson, seconded by Alderman Mann.
Speaking on behalf of other residents of Burdette Drive who had signed the petf
presented, Mrs. Hughes outlined the residents' objections concerning the loss
of privacy, disturbance and pollution which they feel will result if the
present plan is carried out.
Mr. E. Gorden, a resident of Morrison Street, was granted permission to
address Council on the motion of Alderman err, seconded by Alderman Mann.
Mr. Gordon produced a letter from the Regional Director of Engineering
providing additional information.
Following cements from the area residents, the Design & Construction
Engineer suggested that Council consider requesting the Region to hold a publil
meeting so that all residents would be aware of what is involved.
It was moved by Alderman Schtsler, seconded by Alderman Sobel, that the
petitions be referred to staff for the preparation of a further report at the
next meeting of Council. The motion Carried with the following vote:
AYE: Aldermen Cheesman, Crows, Dilts, Fete, MacBain, Mann, Schisler and Sob0!
NAYE: Aldermen err, Stewart and Thomson.
UNFINISHED BUSINESS
WATER BILL - 5602 ROBINSON STREET
Report No. 339 - City Manager - The report advises of steps taken to confirm
the accuracy of the water meter and recommends that Mrs. Bril be advised of the
findings of the tests and that no adjustment be made in the matter.
Mrs. Bril was granted permission to address Council on the motion of
Alderman Orr, seconded by Alderman Stewart. Mrs. Bril stated that although
the meter had been checked by the City, it was nqt 100% efficient and she was
not satisfied with the explanation given her to account for the large increase
in the water bill as compared to previous bills. The Supervisor of the
Water Department Office and the Water Distribution Superintendent explained
to Council the circomstancee leading to the increased bill and indicated that
since the water had obviously been consumed there was no alternative but to
charge the owner of the property.
ORDERED on the motion of Alderman Mann, seconded by Aldernmn Dilts, that the
report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Chessman, Crows, Dilts, MacBain, Mann, Orr, gchisler, Sobel,
Stewart and Thomson.
.NAYE: Alderman Fete.
PROCEDURES FOR AN O.M.B. HEARING ON THE REGIONAL NIAGAKAPOLICY PLAN AND URBAN
AREA BOUNDARIES
Report No. 340 - City Manager - The report indicates that the Region's Report
No. DPD 1103 on this topic has been studied by City staft and it is recommended
that certain changes to the original recommendations of the report of the
Kegion he made.
ORDERED on the motion of Aldermen Chessman, seconded by Alderman Dtlts, that
the report be received and adopted and that the Region be informed of the
comments of the City. The motion Carried with Alderman Thomson voting centrex
and all others voting in favour,
STORM SEWER ON PETTIT AVENUE FROM CROPP TO BURDETTE
Report No. 341 - City Manager ~ The report provides a detailed account on the '
-3-
history of the sanitary sewer installation requested by Mr. V. Luts.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Orr, that
the report be received and filed, and further that a copy be forwarded to
Mr. Luts. Carried Unanimously.
DRAINAGE PROBLEM - BRIAN CRESCENT/DELL SUBDIVISION
Report No. 342 - City Manager - The report presents a brief history and an
outline of the various actions taken by staff in response to requests from
Messrs. Saddler, Sissons, Vantea and Vasko relating to a drainage problem
that exists on the properties on the section of Brian Crescent in question.
Mr. G. Vasko was granted permission to address Council on the motion of
Alderman Chessman, seconded by Alderman Schisler. Mr. Vasko asked if the
matter could be tabled for four weeks until he returned from vacation.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Sobel, that
the report.be deferred for four weeks, and a copy of the report be forwarded
to the residents concerned. The motion Carried with Alderman Fera voting
contrary and all others voting in fayour.
STOP ON DUNN STREET AT WATERS AVENUE
Report No. 343 - City Manager - The report recommends that the necessary by-law
be prepared to provide for the erection of a stop sign facing westbound Dunn
Street traffic at its intersection with Waters Avenue.
Mrs. R. Pullsac of Waters Avenue was granted permission to address
Council on the motion of Alderman Thomson, seconded by Alderman Stewart.
Mrs. Pullano pointed out that a stop sign was also badly needed for traffic
proceeding from Waters Avenue to Dunn Street. There are many pre-school age
children in the vicinity who are unaware of the danger, which could be
eliminated by the installation of the 4-way stop. The City Manager indicated
that the necessary by-law could be prepared including the provision of stop
signs both ways.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that the
report be received and adopted and that the necessary by-law be prepared to
provide for stop signs both ways at the intersection of Dunn Street and Waters
Avenue. Carried Unanimously.
PARKING CO~ITTEE TERMS OF REFERENCE
Report No. 344 - City Manager - The report submits a revised copy of the Municipal
Parking Committee Terms of Reference, which has been amended to include t~affic
matters. It is recommended that the revised policy be approved.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
REGIONAL URBAN AREAS BOUNDARIES - REQUEST BY CORNWILL INVESTMENTS FOR SUPPORT
OF AN APPLICATION FOR INCLUSION IN THE REGION'S URBAN BOUNDARIES
Report No. 345 - City Manager - The ~aport refers to the request of Cornwill
Investments Ltd. and suggests that Council consider the matter further and
;indicate its position on the request.
ORDERED on the motion of Alderman Sobel, seconded by Alderman Fete, that the
report be received and that approval of the request be deferred until further
comments can be obtained from the Regional Municipality of Niagara. The
motion Carried with Alderman Thomson voting contrary, and all others voting
in fayour.
AM-l/78 DEGIORGIO, BY-LAW NO. 78-44, NORTH SIDE OF MCLEOD ROAD WEST OF
STANLEY AVENUE
Report No. 346 - City Manager - The report refers to the request made by the
solicitor for Mr. J. DeGiorgio for an amendment to By-law No. 78-44 to permit
the use of the land and construction of a proposed hotel building when the
City enters into a contract for the construction of sewer services, and provides
certain information for the consideration of Council prior to making a decision
on the request.
Mr. D. Marineill, solicitor for the applicant, was granted permission to
address Council on the motion of Alderman Thomson, seconded by Alderman MacBain.
Mr, Marineill pointed out that when approval was given to Mr. DeCiorgio last
April, they were not fully aware of the fact that no construction could
cowmence until the services were installed. Mr. DeGiorgio had secured a
-4-
franchise for a Ramada Inn in Niagara Palls and had engaged the services of
an architect. Approximately $40,000 has been spent to get the development
underway. The development will cost in excess of two million dollars and
will provide twenty full-time jobs and possibly fifty to sixty seasonal jobs
in the tourist season. Taxes from the property could amount to forty or fifty
thousand dollars, possibly payable in 1979. Mr. Marinetli requested that
the by-law be amended so that construction could commence when the contract
is let. It was hoped to commence early in September but it appears that the
services will not be installed until November or December.
be prepared to enter into any agreement the City may require, with the
provisos mentioned in the report and would not commence actual construction unt
the installation of the services proceeds. If Council grants the request, the
project could be ready for the suuuner season next year. Mr. Marinelli also
pointed out that Mr. Polich had withdrawn his objection to the proposal, and
it was requested that Council approve all conditions listed in the report
with the exception of item #6, as inquiries have shown that a bond of
indemnity of this type is not readily available at this time. Mr. Marineill
suggested that the bond of indemnity requirement be deleted and that the
amending by-law be circulated as quickly as possible with Ontario Municipal
Board approval being obtained in the near future.
Mr. DeGiorgio woul{ I
Alderman MacBain noted that in view of the problems involved, it would
be difficult for the City to accede to this request. The Design and Constructi~
Engineer indicated that this had been the reason why the Engineering Dept.
had not made any recommendation in the report and had left the decision for
Council to make. It was further noted that if the installation of services
can be completed in the time specified, there should be some assurance that
the City will be indemnified against any claims. The earliest date for the
installations would appear to be the spring of 1979. The City Solicitor
indicated that the primary concern is to protect the City and noted that
Mr. Polich had withdrawn his objection because the City inserted the provision
to protect the Polich's. It was felt that it would be in the best interests
of the City to be indamnifed for any claims from any sources. The City
Solicitor agreed that there may be some difficulty in obtaining a surety bond,
but the City must be protected against claims. It was also pointed that
although Mr. Marineill stated that Mr. DeGiorgio was not aware of the
provisions of the by-law, the provisions were in f~aet spelled out in a draft
by-law, therefore he must have been aware of the City's requirements. If an
indemnity bond could not be obtained, the Solicitor suggested that some sort
of negotiable deposit could be made with the City.
Alderman Dilts remarked that when the application was before the Planning
and Development Committee, concern was expressed by residents of the area who
had experienced flooding problems over the years, and at that time they were
assured that nothing would be built in the area until such time as the
services had been installed. Alderman Thomson noted that the indemnity clause
was intended to deal with any additional flooding problems.
Alderman Sobel asked when the City anticipated acquiring property requiret
for the drainage channel. The Design & Construction Engineer indicated that
it would be difficult to name a particular date, but it appeared that it might
be in the spring of 1979,
Alderman Cheesman noted that since it may not be possible to obtain an
indemnity bond, perhaps some type of negotiable deposit could be agreed upon.
Alderman Stewart remarked that Mr. DeCiorgio actually is the one taking the
risks and if the services are not ready at the same time the building is, it
will have to wait for the services to be completed.
ORDERED on the wtion of Alderm~n Themson, seconded by Alderman grewart, that
the report be adopted, with the exception that if a bond of indemnity as
required under item 6 of the report cannot be obtained from a surety company,
an alternative fom of bond, satisfactory to Council he,obtained. Carried
Unanimously.
PROVISION OF SANITARY SEWERS ON MCLEOD ROAD
Communication No. 101 - Mr. S. Crema- The communication requests tim instalb~
of a sanitary sewer to service the property at 7726 McLeod Road.
Report No. 34Y - City Manager - The report recommends that Mr. Crema be informs
that the Local Improvement petition for the construction of a sanitary sewer
submitted with his letter of May 23, 1978, will be processed in the usual
manner and subject to the provisions of the Local Improvement Act and various
-5-
approvals being received, it would be the City's intention to include this
work in the 1979 Local Improvement Program with the construction to follow
in 1980; if Mr. Crema does not this work to proceed under the Local Improvement
Program, the bonefiring owners would be required to pay 100% of the cost of
construction of the facility, and further that Mr. Creme be informed that the
alignment, design and construction of the facility will be carried out to the
satisfaction of the Director of Municipal Works in accordance with City design
standards and contract specifications.
Mr. S. Crema was granted permission to address Council on the motion of
Alderman Mann, seconded by Alderman Sobel. Mr. Creme stated that he hoped
Council would see fit to take the necessary action to provide the sanitary sewers
which are so badly needed.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
COMMUNICATIONS
No. 102 - Niagara Fastball Association - Re: Tournament at Ker Park, July 19-23,
I978. The communication requests the permission of the City to have a beer stand
at Ker Park during the tournament.
ORDERED on the motion of Alderman err, seconded by Alderman Dilts, that the
request be approved subject to approvals being obtained from all other authorities
involved. Carried Unanimously.
No, 103 - Downtown Board of Management - Re: Annual Sidewalk Sale. The
communication requests permission to hold the annual sidewalk sale on Queen
Street on July 29th, to have Queen Street closed to traffic from Erie to
St. Lawrence Avenue from 9:00 a.m. to 5:30 p.m., with the cross streets of
Ontario, St. Clair and Crysler remaining open to traffic.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Sobel, that
the request be approved and the various agencies affected be so notified.
Carried Unanimously.
No. 104 - Ministry of Treasury, Economics & Intergovernmental Affairs - Re: An
Act to Provide for the Licensing of Businesses by Municipalities. The
communication presents a copy of Bill 105, being a revised version of the
Licensing Bill introduced last fall for the information and comments of City
Council.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Thomson, that
the communication be referred to staff for the preparation of a report. Carried
Unanimously.
No. 105 - Ministry of Transportation & Communications - Re: Subsidy Payment. The
communication advises of the subsidy payment in the amount of $465,600 to be made
to the City of Niagara Falls,
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the communication be received and filed. Carried Unanimously.
No. 106 - Cargo Canada Ltd. - Re: Exemption under the Retail Business Holidays
Act. The coumunication requests per~ission for Cargo Canada Ltd. to remain
open on Sundays.
=ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that the
special cmmittee established earlier by Council in 1975 be re-activated and
asked to comment on the application of Cargo Canada Ltd., and further that
Alderman Charles Chessman be designated to replace former Alderman Smeaton on
the Conduittee. Carried Unanimously.
No, 107 - Mr. D. Marineill - Re: Balmoral Court Subdivision. The communication
notifies City Council that the Ministry of Housing has been requested to grant
a six month extension in connection with the Balmoral Court Subdivision, and
asks that Council concur with the request for an extension.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the
Council approve the request for the Minister's conditions of draft approval
on the subdivision to be extended for a period of six months.' Carried Unanimously.
REPORTS
No. 348 - Planning & Development Committee - Re: AM-21/78, S. Skrlac, Lots 133,
134 and 135, Plan 653, Northwest Side of Ellen Avenue. The report recommends
approval of the application subject to Development Control and that Council
certify by resolution that the application conforms to Official Plan Amendment
-6-
No. 28 of the Niagara Falls Planning Area as amended and approved by the
Minister of Housing.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
See Resolution 1~
No.
See By-law No. 78-
No. 349 - Recreation Commission - Re: Niagara Promotion Association. The
report submitted for the information of Council, advises that after long
deliberation, at this time the Niagara Promotion Association does not wish to
become affiliated with the Recreation Commission.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that
the report be received and filed. Carried Unanimously.
No. 350 - City Manager - Re: Proposed Plan of Subdivison - J. & A. Karklins.
The report recommends preliminary approval of the proposed plan subject to
certain conditions, and that Council certify by resolution that the applicati0~
conforms to Official Plan Amendment No. 29 of the Niagara Falls Planning Area.
Mr. P. Payone, a resident of the area, was granted permission to address
Council on the motion of Alderman Thomson~ seconded by Alderman Stewart.
Mr. Payone asked whether or not the setbacks in the subdivision plan will be
in alignment with present setbacks. Mr. Schram of the firm of Proctor and
Redfern assured Mr. Pavone that the setbacks would conform.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fare, that the
report be received and adopted. Carried Unanimously.
See Resolution No.
No. 351 - City Manager - Re: Draft Plan 26T-77505 Cotvilla Industrial Subdivisi~
Plan, Part Lots 196 and 197, East Side of Dorchester Road, South Side of 01dfit
Road. The report recommends passage of an amending by-law to permit the
development of the subject subdivision.
ORDERED on the motion of Alderman Mann, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
See By-law No. 78-I
No. 352 - City Manager - Re: Building Permits for.~stwood Village II Subdivis~
The report recommends passage of a by-law to authorize the execution of an agr
for releasing such permits prior to the completion and approval of the drainage
channel required for the subdivision. Provision is also contained in the
agreement for the subdivider to pay all costs of a 10" diameter sanitary sewer~
an 18" diameter storm sewermain, and site plan control over the lands zoned f0i
townhouse dwellings, apartment buildings and neighbourhood commercial huilding~'~
ORDERED on the motion of Alderman Mann, seconde~ by Alderman Sobol, that the
report be received and adopted. Carried Unanimously.
See By-law No. 78
No. 353 - City Manager - Re: Tenders for the Supply of New Automotive Equipmen~
The report recommends that the low tenders submitted by Archer Truck Services
and Belgium Standard Industries be accepted.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted, Carried Unanimously.
See Resolution N0.
No. 354 - City Manager - Re: By-laws Respecting the Widening and Reconstructi01
of Parts of Churchill 8treet~ Brant Street, Cadham Street, Willoughby Drive,'~
Merritt Avenue~ and to Authorize Improvements of Parts of Bosserr Road, King
and Oft Rend. The report recommends passage of two by-l~ws dealing with the
subject work, with the provision that the undertaking of the works be subject
to Council accepting a tender and awarding a contract.
ODElIED on the motion of Alderman Sobol, seconded by Alderman Perat that the
report be received and adopted. Carried Unanimously.
See By-laws 78-132
78-133
No. 355 - City Manager - Re: Proposed Apartment Building Development - Dote
Road and Pew Street. The report recommends the passage of a by-law to auths
the execution by the City of an amending agreement with respect to the site
for the subject development.
OPaER~D on the motion of Alderman Mann, seconded by Alderman Stewart, that the
repor~ be received and adopted. Carried Unanimously.
See By-law No. 78_L
-7-
No. 356 - City Manager - Re: Severance Application - B-200/78, A.F. Trent,
Chippaws Parkway. The report advises that the solicitor for Alan F. Treat
has given his personal undertaking to pay the City the sum of $750.00 in
consideration of the City withdrawing its appeal and notifying the Ontario
Municipal Board and Land Division Committee accordingly. The report
recommends that the general service charge of $750.00 be accepted and the
City Solicitor be authorized to withdraw the City's appeal to the Ontario
Municipal Board.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
No. 357 - City Manager - Re: Committee of Adjustment Minor Variance Application
A-44/78, L. & M. Barbisan, 4219 Portage Road. The report requests that Council
direct staff to appeal the decision of the Committee of Adjustment and permit
the appropriate City departments to make representation on the City's behalf
at the time when a date for a hearing is established.
ORDERED on the motion of Alderman Mann, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
No. 358 - City Manager - Re: Ponding on Lots 119 and 120, Loring Crescent. The
report reviews the problem experienced with low lying lots on Loring Crescent
as a result of ponding which occurs after a rainfall, and advises that By-law
No. 6318 stipulates that the registered owner shall be notified by registered
letter and given fifteen days from the date of mailing to do the required work
to resolve the situation. Failure to do so will result in the City having the ~
right to enter on the grounds and resolve the problem with the expenses incurred
by the City being recovered as municip~l taxes. Contravention of the by-iaw
provides a penalty not exceeding $300.00. It is recommended that a registered
letter be sent by the City and that the Director of Municipal Works be authorized
to take the necessary steps to enforce the provisions of the by-law.
Mr. G. Toppay was granted permission to address Council on the motion of
Alderman Thomson, seconded by Alderman MacBain. Mr. Toppay wished to express
his appreciation to Council for taking steps to remedy this hazardous situation.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fete, that the
report he received and adopted. The motion Carried with Alderman Crowe abstaining
on a conflict of interest, and all others voting in favour.
No. 359 - City Manager - Re: Sidewalk Construction on St. George Avenue - Flankage
of 6399 Stamford Green Drive. The report advises of a request by Mrs. W. Symington
of 6399 Stafford Green Drive for the City to construct a sidewalk on her flankage
on St. George Avenue a distance of 154.74', and recommends that the work be
included in Contract S.C. 7-78, and the City's estimated share of $1,049.13 be
charged to the 1978 Operating Budget allotment for sidewalk repairs, subject to
a cash payment of $218.96 being received from Mrs. Symington.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
No. 360 - City Manager - Re: Exemption of Lot 40 in Plan 240, Waters Avenue, from
Part Lot Control. The report recommends passage of a by-law exempting Lot 40
in Registered Plan 240 from part lot ~ontrol.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Thomson, that
~he report be received and adopted. Carried Unanimously.
See By-law No. 78-135
No. 361 - City Manager - Re: Disposal of Surplus Lands - Ministry of Transportation
and Communications. The report advises that notification has been received from
the M.T.C. of their intention to dispose of several parcels of property located
in the southeast quadrant of the Q.E.W. and Sodom Road. Inasmuch as the City
has no immediate use for the land, it is recommended that the M.T.C. be notified
that the Municipality is not interested in acquiring the properties.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 362 - City Manager - Re: Disposal of Surplus Municipal Lands. The report
refers to property acquired by'the City from Ontario Hydro, now surplus of
municipal needs, being that part of the former haulage road between Stanley Avenue
and St. Paul Avenue, and the section of the roadway between Church's Lane and
St. Paul Avenue, assembled through various land exchanges to form three lots
shown on a plan as parts 8, 9, 10 and 11. It is recommended that offers be
invited from persons interested in acquiring the lots and that they be sold
for the purpose of erecting single family dwellings only. It is further
_ ~ _ ...- ~- .......
recommended that parts i and 3 of the plan be appraised and offered to Mrs. H.
Nauman, owner of blocks 2 aud 4 on the plan, at the appraised value. If both
recommendations are acceptable, subsequent reports will be presented to Counci~
the offers received and Mrs. Nauman's decision to proceed with the acquisition
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 363 - City Manager - Re: Adjustment of Salary Classifications. The report
recommends the following action for ratification: a) The position of the presez
Maintenance/Management Co-ordinator be changed from Level ES6 ($21620) to Step
of Level ES~ ($21990); b) The position of the present Deputy Building & Devele~
Co-ordinator be changed from Level ES6 ($21,620) to Step 4 of Level ES7 ($219~
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that
report be received and adopted. Carried Unanimously.
No. 364 - City Manager - Re: Uncollectable Taxes. The report submits two list!,
tax arrears which are considered to be uncollectable, and recommends that Counc~
authorize the Treasurer to remove these taxes from the Collector's Roll.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
No. 365 - His Worship, Mayor Bukator - Re: Celebration of 370thAnniversary of
the Pounding of Quebec City. The report provides detailed information on the
proceedings of the ceremonies held in Quebec City.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
report be received and filed. Carried Unanimously.
No. 366 - City Manager - Re: Building Permits. The report provides a breakdo~I
the permits issued by the Building & Development Dept. for the month of June
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the
report be received and filed. Carried Unanimously.
No. 367 - City Manager - Re: Municipal Accounts. The report reconnends paymem
of the municipal accounts.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Sobol, that t~-
report be received and adopted. Carried Unanimously.
No. 368 - City Manager - Re: Fire Code. The report explains the need for then~
to consider adopting a policy or the passing of a by-law to adopt the National
Code of Canada, which requires that certain stand'~ds be observed to assist i
prevention. A draft by-law was submitted and the report recon~ends that the
be tabled for a period of two weeks to allow further perusal by Council.
During the discussion on this matter, several members of Council felt thai
it was not necessary for passage of the by-law to be delayed for two weeks and
it was suggested that it be dealt with at the meeting.
ORDERED on the motion of Alderman Stewart, seconded by Alderman Mann, that the
report be received and filed and the by-law be given the necessary readings.
Carried Unanimously.
COMMUNICATION
No. 103 - International City Management Association - Re: Third ICMAEuropeani
Force. The communication advises that the City Manager has been selected to
participate in the Third ICMA European Task Force in Norway and West Germany
from September 7 - 26, 1978. As the only Canadian to be selected, the City
would Join the eight professional local government administrators and two
selected from the United States to serve on the task force.
In response to a question raised by Alderman Chessman, the City Manager
that the total cost of the proposed tour would be approximately $2800 with
being paid by the German Marshall Fund of the U.S. and the Charles F.
Foundation. The cost to the municipality would be $800 plus air fare to New
City, the point of departure. Participation in the Task Force would also
the submission of a report to the annual conference of the International City
Management Association.
It was moved by Alderman Thomson, seconded by Alderman Stewart, that the
City Manager be authorized to attend the Third I.C.M.A. European Task Force
a cost of $800 plus air fare to New York City, and that the City ManeSet not~~
required to use any part of his annual vacation during his absence. The moti~
Carried with the following vote:
A~E: Aldermen Chessman, Crows, Dilts, Orr, Schisler, Stewart and Themson.
NAY__~E: AIdemen Fare, MacBain, Mann and 8obol.
RESOLUTIONS
No. 58 - SOBOL - DILTS - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 78-129 for the rezonin~
of Lots 133, 134 and 135, Plan 653, situated on the northwest side of Ellen
9
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. 59 - THOMSON - FERA - RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby certifies that the application of J. & A.
Karklins for the development of approximately 2.89 acres of land situated
on the west side of Sodom Road south of Lyon's Creek Road, conforms to
Official Plan Amendment No. 29 of the Niagara Falls Planning Area, as amended
and approved by the Minister of Housing; AND the Seal of the Corporation be
hereto affixed.
Carried Unanimously
No. 60 - THOMSON - STEWART - RESOLVED that the low tenders submitted by Archer
Truck Services and Belgium Standard Industries for the supply of the following
automotive equipment, be accepted:
One (1) 1979 Model, 25,500 GVWTruck Cab & Chassis
Archer Truck Services
$10,683.92
Two (2) 20 Cu. Yd. Refuse Packer Units
Belgium Standard Industries
$24,533.60
Two (2) Single Axle Trucks for Mounting 20 Cubic
Yard Packers
Archer Truck Services
$34,769.28
Two (2) 1979 Model Trucks, Two-Way Spreader Box
Equipped with Snow Plow Harness
Archer Truck Services
$43,270.24
; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that
the following by-law be now read a third and final time:
No. 77-247 - A By-law to authorize the reconstruction of Willoughby Drive from
Cattell Drive to 500 feet south of Wainbrenner Road.
Carried Unanimously
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that leave
be granted to introduce the following by-laws, and the by-laws be read a first
time:
No. 78-129 - A By-law to amend By-law No. 5335, 1955, as amended. (AN-21/78,
S. Skrlac)
~No. 78-130 - 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. (Corville
Industrial Subdivision Plan)
No. 78-131 - A By-law to authorize the execution of an agreement with Pages
Incorporated and an agreement with Fernview Construction Limited,
No. 78-132 -A By-law respecting the widening and reconstruction of parts of
Churchill Street, grant Street, Cadham Street, Willoughby Drive
and Merritt Avenue.
No. 78-133 - A By-law to authorize improvements of parts of Bosserr Road, King
Road and Oft Road.
No. 78-134 - A By-law to authorize an agreement with Hawksdale Investments Limited
amending a site plan agreement with Diol Investments Limited.
No. 78-135 - A By-law to designate certain land not to be subject to part lot
control.
No.. 78-136 - A By-law to authorize a subdivision agreement with 363044 Ontario
Limited (Valley View Subdivision).
..... l0
- 10 -
No. 78-137 - A By-law to provide monies for general purposes.
READ AND ADOPTED,
No. 78-138 - A By-law respecting fire prevention.
Carried Unanimousl~i
ORDERED on the motion of Alderman Sobol, seconded by Alderman Schisler, that t[ ~ E~
following by-laws be now read a second and third time:
No. 78-129 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-21/78, 'S. Skrlac)
No. 78-130 - A By-law to amend By-law No. 2350, 1959 of the former Township of z
Stamford, now in the City of Niagara Falls, as amended. (Corvilh ~
Industrial Subdivision Plan)
No. 78-131 - A By-law to authorize the execution of an agreement with Pegas
Incorporated and an agreement with Fernview Construction Ltd.
No. 78-132 -
A By-law respecting the widening and reconstruction of parts of
Churchill Street, Brant Street, Cadham Street, Willoughby Drive
and Merritt Avenue.
No. 78-133 - A By-law to authorize improvements of parts of Bosserr Road, King
Road and Oft Road.
No. 78-134 - A By-law to authorize an agreement with Hawksdale Investments
Limited amending a site plan agreement with Diol Investments Ltd.
No. 78-135 - A By-law to designate certain land not be subject to part lot
control.
No. 78-136 - A By-law to authorize a subdivision agreement with 363044 Ontario
Limited (Valley View Subdivision).
No. 78-137 - A By-law to provide monies for general purposes.
No. 78-138 - A By-law respecting fire prevention__
Carried Unanimously
NEW BUSINESS
DAMAGE TO GATE - HYDRO RIGHT-OF-WAY, MOUNTAIN ROAD
Alderman Thomson reported that the gate at the south end of the Hydro
right-of-way had been damaged as the result of an accident, and requested that
the necessary repairs be made to the gate.
CONDITION OF ROAD IN FRONT OF SHERATON BROCK HOTEL
His Worship, Mayor Bukator mentioned that there is a deep depression ~
the road in front of the Sheraton Brock Hotel which is quite a hazard for iv]
at that point· The Maintenance & Operations Engineer indicated that he would
bring this to the attention of the Streets Department and--have the necessary
repairs made.
NEW FENCES - NIAGARA SOUTH RECREATION CENTRE AND NER PARK
Alderman Dilts advised that the proposed new fences at the Niagara South
Recreational centre as well as at Ker Park, had not been erected as yet, and
requested that staff determine the status of the proposed. fencing.
PARKING ON SIDE STREETS OFF THE MAIN TOURIST AREA
Alderman Thomson advised that problems were being experienced with the
parking of cars on Hunter Street in the central tourist area, and suggested
that the matter be referred to the Parking CormiCtee for consideration at the
next meeting.
It was moved by Alderman Cheesman, seconded by Alderman Crowe, that the
meeting adjourn. Carried Unanimously.
- 11 -
MAYOR
NINETEENTH MEETING
Committee Room #1
July 24, 1978
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole on Monday, July 24, 1978 at 7:00
p.m. All members of Council were present with the exception of Aldermen Cheesman
and Crows. 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 24, 1978.
Council met on Monday, July 24, 1978 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Aldermen Cheesman and Crows. His Worship, Mayor Bukator presided
as Chairman. Alderman Stewart offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann,
that the minutes of the meeting held on July 10, 1978, be adopted as printed.
Carried Unanimously.
DEPUTATIONS
PORTAGE ROAD BRIDGE
Mr. C.H. Eidt, Director of Engineering for the Regional Municipality'of
Niagara, was granted permission to address Council on the motion of Alderman
Thomson, seconded by Alderman Orr. Mr. Eidt advised that an engineering
inspection was carried out on the Portage Road bridge over the Hydro Canal
during 1976 and 1977 by the firm of McCormick Rankin Associates. It was that
firm's recommendation that a two ton weight limit be imposed and that certain
romedial work be carried out on the bridge in order to maintain the bridge
for several more years. Since that time, the load limits have been excessively
violated, in fact during one inspection, seventy-three violations were observed.
Asa result, deterioration of the bridge has increased faster than was
~originally anticipated. Mr. Eidt assured Council that although.the bridge is
in poor condition, it is still safe for traffic. The concrete deck below the
asphalt and at the edges is deteriorating and there are structural problems.
Estimates indicate that an expenditure of approximately $370,000 would be
required to carry out extensive repairs on the bridge. If the bridge was to
remain open to traffic, an expenditure of $53,000 would be required to provide
a connection between the diverted section of Portage Read along the north side
of the Hydro Canal connecting to the new Morrison Street, and the Portage Road
bridge over the canal. This would represent an expenditure of over $400,000
Just to maintain the bridge for a fairly short period of time. It is anticipated
that the new Portage Road connection to Morrison Street will be completed by
mid-October which will provide an alternative route for traffic. It was
acknowledged that people to the north of the bridge feel there will not be
enough traffic after it is closed to vehicles, but it was Mr. Eidt's opinion
that this could not be known for sure. Morrison Street will be extended out
to Dorchester Road, and it was felt that people wanting to travel northwest would
follow Morrison Street regardless of what action was taken. The remainder of
people would be encouraged to use Portage Road. It was also pointed out that
traffic would use Portage Road over Drummond Road because of the lack of a
grade separation on Drummond Road, and it would be some time before this will
take place as there are other crossings considered to be of a higher priority.
With respect to the five corner intersection at Stamford Gentre, Mr. Eidt
2
stated that it is planned to retain the present configuration at this time.
His Worship, Mayor Bukator thanked Mr. Eidt for his report on the status of
the Portage Road bridge over the Hydro Canal.
UNFINISHED BUSINESS
MORRISON STREET EXTENSION
Report No. 369 - City Manager ~ The report recommends: 1) That the Region be
requested to give serious consideration to the requests of the residents of
Burdette Drive; 2) That the request from the residents of Morrison Street for
the existing Morrison Street to flow into the new extension be received and
filed; 3) That further public participation take place before a decision is
made to eliminate the connection between the new Morrison Street and old
Morrison Street. Council is requested to make a decision on this matter based
on the comments they receive at the public meeting which should be arranged
by the Region; 4) That the Region be requested to provide sidewalks on the
proposed Portage Road connection, on new Morrison Street (at least that porti0:
proposed Morrison Street and LaMarsh Drive; and 5) In view of the fact the
existing Morrison Street between Portage Read and Drummond Road will require
a name change, the residents should be requested to suggest some suitable
name for the consideration of the City.
Mr. C.H. Eidt, Director of Engineering for the Regional Municipality of
Niagara, advised that a public meeting was held regarding the Morrison Street
extension, and also meetings with a number of residents in the area. With
respect to the existing section of Morrlson Street, on the original plan a
cul-de-sac was iD~ended, however.due to a shortage of land in the area, it was
decided to provide a one way entrance from the old section of Morrison to the
new section, with left and right turns. At the request of the residents, it
was decided to restrict the entrance to right turns, however the request for
the roadway to remain two lanes was not approved by the Region since this woul~
allow illegal traffic movements. Mr. Eidt also advised that the request of
residents to have the stub road entering old Morrison Street east of David
Avenue eliminated, was also approved by the Region_ Mr. Eidt did however
suggest that this matter be discussed with the City Fire Chief, since it was
originally felt this section of roadway would be desirable for fire protection
purposes, and since it was a City roadway, the request should also be approved
by the City. With respect to the requests of the residents on Burdette Drive,
Mr. Eidt advised that the roadway going behind their homes would be seven or
eight feet below the level of their properties and with the replanting of
trees and further planting along the fence line, noise should not be a problem.'
It was also advised that the repairs to the existing fence would be carried 0ut
Alderman Thomson advised that the residents had attended meetings with
the Regional Public Works & Utilities Committee and had received letters from
the Regional Director of Engineering indicating the Region's agreement to the
majority of the requests provided City Council was also in agreement with the
requests. The Alderman further advised that while he appreciated the comments
and recommendations in the staff report, the fact that the Morrison Street
Extension was a Regional project should not prevent the residents from having
an opportunity to comment on the project to City Council.
Alderman MacBain stated that he had spoken to Mr. E. Gordon, one-of the
area residents, with respect to the entrance from old Morrison Street to new
Morrison, and according to the Region~e plans, a portion of the existing pavem
was to be removed in order to cut down the width of the entrance. The Alderm~
indicated that it was still the feeling of the residents that the width of the
roadway should not be cut down as intended by the Region. Mr. Eldt explained
that under the new proposal, the entrance must be natroWed down to discourage
traffic from turning into that road off Morrison Street. If the pavement was
not anrrowed, illegal traffic movements woul~ ~e possible. Alderman MacBain
stated that the residents were requesting a 5 angle for the turn, however the
Region was proposing a 90° angle, which would make a big difference to the
o
people whose driveway is located there. Mr. Eidt advised that a 45 angle way
planned, but it would be one lane. Mr. E. Cordon stated that he could see no
reason for narrowing the road, and pointed that since the asphalt is there ~
would be an unnecessary expense when a no entry sign would be erected ~e
to p
illegal traffic movements. Mr. Gordon further pointed out that the intersettle
of old Morrison Street and Drummond Road is at a 45 angle causing cars to pull
out into the intersection in order to see on-coming traffic. It was felt tha~
-3-
the intersection at Drummond Road was more of a hazard than the angle requested
at the other end of Morrison Street. Alderman MacBain asked if it would be
possible for the Region to leave the roadway as it was on a trial basis, and
if it caused problems, the roadway could be narrowed later. Mr. Eidt pointed
out that according to the traffic experts at the Region, illegal violations
would occur, the situation would be dangerous and accidents would occur if the
roadway was not narrowed. Mr. Eidt did however indicate that he would meet
with Mr. Gordon in the field before construction was finalized.
In response to a question raised by Alderman Sobol regarding the elimination
of the stub road, the Fire Chief advised that this would likely involve an
additional minute for Fire Dept. vehicles to reach the area and would not pose
a real problem for his staff. ~e Fire Chief further advised that he was more
concerned with Burdette Drive as far as access was involved.
Mr. Eidt advised that the Region intended to leave the Portage Road bridge
open as a pedestrian crossing for some time. During construction, shoulders
would be finished off in such a way that sidewalks could be constructed where
no walks are now. It was not intended that sidewalks be constructed all the
way through.
Mr. Gordon asked what further action he could take if the residents were
not satisfied following the meeting in the field with the Region. His Worship,
Mayor Bukator advised ~. Gordon to come back to Council if further assistance
was required.
It was moved by Alderman Thomson,. seconded by Alderman Jaluvka, that
Council agree with the requests for access from old Morrison Street to the new
Morrison Street, the elimination of the stub street connection from new Morrison
Street to the old Morrison Street, the provision of sidewalks, trees along the
berms and fencing repairs, and further that the report be received and filed.
Carried Unanimously.
DEPUTATIONS - Continued
PARKING IN THE CENTRE STREET/VICTORIA AVENUE AREA
Mr. C.H. Eidt, Director of Engineering for the Region, advised that some
of the business people in the area of Centre Street and Victoria Avenue had
requested additional parking adjacent to Centre Street. Mr. Eidt pointed out
that the Region was very concerned with parking in the area due to the heavy
traffic conditions during the summer. Buses were re-routed for the summer
months on to Ellen Avenue and the Region was able to add sixteen additional
spaces, eight being temporary. The businesses in the area wanted another four
spaces, two north of Centre Street and two south of Centre Street. Mr. Eidt
advised that he had recommended that the two spaces north of Centre Street be
turned down. Due to the heavy vehicular and train traffic at this intersection,
traffic lines up to turn left on to Clifton Hill, and vehicles wishing to
continue on through the intersection are able to go around the left-tun lane
in order to pass through the intersection. With the addition of two parking
spaces there, this movement would be'~indered. Mr. Eidt advised that the Region
had approved the provision of two parking spaces south of Centre Street on a
~temporary basis. This had been approved reluctantly since it was felt the
second parking space could interfere with buses and vehicles with trailers
turning left off Clifton Mill. Mr. Eidt further advised that the police and
safety council would be observing the situation and his staff would be reporting
on the matter.
Alderman Thomson felt that Council should wait until such time as the
report by Regional staff was prepared before taking further action. Regional
Councillor Smeaton advised that a member of Regional staff had suggested that
an alternative proposal could be prepared showing the possibility of one
additional parking space where the old laneway had been, however it was only
a possibility and should not be considered as a recommendation at this time.
Mr, Smeaton agreed that Council should wait for the report before making any
decision.
UNFINISHED BUSINESS
MORRISON STREET EXTENSION AND BY-LAWS RESPECTING THE CONSTRUCTION AND
RECONSTRUCTION OF PARTS OF BURDETTE DRIVE AND LAMARSH DRIVE
Report No. 370 - City Manager - The report recomends passage of two by-laws
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authorizing the construction of LaMarsh Drive and reconstruction of Burdette
Drive.
ORDERED on the motion of AldermanMann, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See By-laws 78-139
78-140
'i
STREET LIGHTING FOR MORRISON STREET EXTENSION FROM PORTAGE ROAD TO DORCHESTER ~
Report No. 371 - City Manager - The report recommends that Niagara Falls Hydr0
authorized to install the necessary underground wiring for street lights on
Morrison Street up to a maximum cost of $10,000 and that the $13,000 balance be
considered in the 1979 Operating Budget.
In response to a question raised by Alderman Thomson, the Projects and
Services Engineer advised that it is hoped the timing would be such that
installation of the lights would take place not long after construction of the
roadway is completed. In response to a further question by the Alderman regar~
the possibility of negligence in not installing the lights sooner, the City
Solicitor stated that if the funds are not available to carry out the lighting
installations, the City would be within its rights in not having the lighting
installed sooner.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that the
report he received and adopted. Carried Unanimously.
REPORT
No. 372 - City Manager - Re: Proposed Watermains. The report reco~nends: =~
1) That the proposed 16" diameter Regional trunk watermain on Montrose Road be~
constructed by using funds from the City's expansion and renewal account, prov
of the 1978 Operating Budget for the water supply system; 3) That staff be :
authorized to call tenders for these watermains as soon as the design and oths ~,
work is completed; and 4) That a copy of the report be forwarded to the
Regional Municipality of Niagara with a request that they agree to refunding
the City's expenses for constructing the 16" Regional watermain on Montrose R~
Mr. C.H. Eidt, Director of Engineering for the Region, advised Council t~
the Region's contractor was ahead of schedule on construction of the last
connecting section of the series of trunk watermains between the water treatme
plant and the reservoir at Kent Avenue, however even when this section is
complete and a further section on Montrose Road, it was felt these installati0~
would not solve the City's water pressure problems presently being experienced.
Mr. Eidt stated that with an open system having few or no water meters, it is
necessary to install large pipes in order to supply all the water desired.
Standard design for watermains is based on so much usage per person per day,
however this does not work as well with an open system. Mr. Eidt further
advised that tbe Region is planning to extend the water treatment plant as welj
with funds provided in 1979 for engineering, funds in 1980 for first phase
construction and final completion hopefully in 1982.
Mis Worship, Mayor Bukator thanked Mr. Eidt for the co-operation extended
to the City in improving the City's water distribution system. The Mayor als0
stated that if the City continued to have problems during the s,,n~ner due to
indiscriminate use of water, the City might find itself considering the use of
water meters in the future,
Following further discussion, it was moved by Alderman MacBain, seconded
by Alderman Dilts, that the report be received and adopte~ subject to confirma]
from the City Solicitor, that the procedure outlined in the first recommendstil
of the report is considered to be appropriate. Carried Unanimously.
DEPUTATIONS - Continued
MR. N. PUTTICK - THIRD ICMA EUROPEAN TASK FORCE
Mr. N. Puttick was granted permission to address Council on the motion of-
Alderman Thomson, seconded by Alder~n Mann. Mr. Puttick stated that on the
agenda for the trip the City M~nager will be taking, which apparently members
of Council did not see, there are various items on labour management to be
studied. The City~s cost will be $800 plus air fare of $900, with two other
organizations payin8 the remaining $2000, and the City Manager's time and wa~e
Mr. Puttick advised that he visited the local Library and with some assistance,
5
he had found a number of books covering various topics to be discussed during
the seventeen day period of the Task Force. Mr. Puttick felt there was
sufficient information contained in the various books and articles to keep a
person studying for at least seventeen days. With respect to Council's decision
to authorize the City Manager's attendance at the Task Force, Mr. Puttick asked
the following questions: 1) W~y was the matter discussed in Committee of the
Whole, and why were copies of the invitation, which was presented verbally, not
given to members of Council; 2) Why was the deadline for participation in the
Task Force June 12, 1978, and the invitation to the City ~nager received on
July 6, 1978; 3) Since this is the third Task Force and the City b~nager has
been Chairman, what was accomplished at the first two meetings and what cities
implemented ideas to the benefit of the taxpayer; 4) Will the City Manager
consult with the Personnel Officer and others in the labour field so that he
can discuss local and area problems in Europe; 5) ~en did the City Manager last
attend a C.O.P.E. (Council of Public Employers) monthly meeting; 6) Will the
City Manager use part of his vacation for the trip. Mr. Puttick commented that
between a recent trip to eastern Canada, the seventeen day task force and a
trip to Chicago in October adding up to several months absence from City Hall~
the role of City Manager should be reviewed since it would appear there is not
sufficient work to keep the office busy or perhaps there are too many assistants.
A review of past trips was also suggested; 7) Because of the continued talk
of saving tax dollars, will the City Manager consider returning one month of
his car allowance since his car will not be used. Mr. Puttick felt that if
Council is going to cut agency grants that assist the taxpayers, a personal
example should also be set in cutting personal expenses. While the trip was ~
called an honour, Mr. Puttick felt the last four or five trips could be termed
an honour, and the term has stuck to all of the City Manager's trips. It was
also suggested that the invitation which was received after the deadline, could
be viewed as a reward for the City Manager's services to the International City
Management Association. Mr. Puttick outlined several examples where officials
of various bodies had either refused or reduced the number of employees to be
authorized to attend conferences or trips abroad due to financial restraint.
In conclusion, Mr. Puttick offered the following suggestions: 1) That the City
Manager not attend the Task Force; 2) That the City }~nager attend C.O.P.E.
meetings if he is truly interested in labour management; 3) That the City
Manager take seventeen days and arrange a more compatible or better liaison
with all areas of the Region; 4) That the City Manager, if he is not already
reading Canadian Labour Views, start since the publication has a wealth of
information; and 5) That the City Manager go through City Hall more often and
speak to the staff and determine what problems exist. Mr. Puttick thanked
members of Council and the City Manager for allowing him to comment on the
City Manager's attendance at the Task Force. His Worship, Mayor Bukator indicated
that Mr. Puttick would receive answers to the questions he had raised.
UNFINISHED BUSINESS
AM-l/78 DEGIORGIO, BY-LAW NO. 78-44, NORTH SIDE OF MCLEOD ROAD, WEST OF
STANLEY AVENUE
Report No. 373 - City Solicitor - The report advises that by-laws have been
prepared authorizing the execution of an agreement with G. & A. DeGiorgio
respecting the proposed hotel development and amending the zoning by-law to
permit construction to commence when the City enters into a contract for
construction of the necessary sewer services. It is further suggested that
the zoning amendment be given only one reading until such time as acquisition
of laBds and easements for the sewer services has been completed.
In response to a question raised by Alderman MacBain, Mr. D. Marineill,
solicitor for the applicants, advised that he had not actually read the report
but had spoken to the City Solicitor and he was prepared to go along with first
reading of the by-law until finalization of land acquisition and obtaining of
easements.
Mr. N. Cousineau, an area resident, asked if there would be a buffer zone
between the parking lot of the hotel and his backyard, and also exactly what
type of storm drainage would be provided. His Worship, Mayor Bukator advised
that there would be storm sewer construction on McLeod Road and a storm drainage
channel running. southwesterly from McLeod Road near Stanley Avenue to the Rydro
Canal.
Mr. S. Catalfamo, also an area resident, asked why Council was going to
allow construction without the storm sewer as it was o~iginally intended.
Mr. Catalfamo also advised that when he had complained about grass and weeds on
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the hydro property in this area, he had learned that part of the property was
leased to the restaurant owner in the area, while another part is leased in
connection with the motel proposal. Mr. Catalfamo also commented that there
had been flooding in his area for twenty years with little done to improve the
situation, and now a motel was to be permitted which would make matters worse.
Alderman Fera agreed that Mr. Catalfamo was making a valid point, since Council
had committed itself that no building would be permitted until the storm sewer~
were installed. The Alderman felt Council could lose the trust of the people
if it continued to go back on earlier decisions, Alderman Orr agreed that
services were necessary in the area, but pointed out that while construction
of the motel would be permitted, the owners will not be allowed to open until
the services are completely installed.
Mr. Marinelli advised that once the easements are obtained and the controt
is about te be let, his clients would be willing to sit downwith the City and
the residents to explain the proposal.
Following further comment, it was moved by Alderman MacBain, seconded by
Alderman Thomson, that the report be received and adopted.
Carried Unanimously
See Resolution No.~
REVISED WATER RESTRICTIONS
Report No. 374 - His Worship, Mayor Bukator - The report provides information~
on the difficulties encountered by the City in maintaining adequate water prea.
and the inability of the City to recharge reservoir capacity which necessitatei
between 8:00 p.m. and midnight on even numbered calendar days and properties ~.
odd street numbered addresses may use lawn sprinklers between 8:00 p .m. and
midnight on odd numbered calendar days.
Alderman MacBain commented that the notice appearing in the newspaper
outlining the new restrictions had been somewhat_gunfusing for most residents.
The City Clerk advised that under the by-law it is necessary to advertise the
restrictions first and then provide an explanation of the effect of the
prohibition. Alderman MacBain suggested that the by-law be re-drafted in ordet!
to avoid any further confusion on the restrictions.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the
report be received and filed. Carried Unanimously.
REVISED PLANNING AREA BOUNDARIES PROPOSED BY THE NIAGARA ESCARPMENT COMMISSI~
Report No. 375 - His Worship, Mayor Bukator - The report recommends that Count
indicate its acceptance of the new Niagara Escarpment Planning Area as
by the Niagara Escarpment Commission.
Following readlug of the report, it was moved by Alderman Jaluvka, second
by Alderman Fera, that the report be received and adopted, Alderman MacBain a
why the boundary is located south of Mountain Road and west of the Q .E.W. when
that land is level farmland and there would seem to be no connection to the
escarpment.
Alderman Thomson stated that the boundaries were the same as the original
boundaries established previously. The Alderman felt that Council would be'
foolish to accept the report without further study and planning, since many
developments would be affected by the location of the boundaries. Alderman Fe
advised that he was under the impression the matter was to have been reviewed~
the Planning & Development Committee and for that reason, he wished to
as seconder of the motion to adopt the report. Following the comments of
Aldermen Thomson and Faro, Alderman Jaluvka withdrew his motion to adopt the
report.
Alderman MacBain pointed out that the Ctty~s proposed slte for the
Headquarters was located within the boundaries of the Commission, and this
be a problem if the Region chooses the Cttyws site. His Worship, Mayor
indicated that he has a letter from the Minister of Housing stating if the
Region chooses the City~s site, even though it is under the control of the
Commission, the Ministry would approve the site. The Mayor also indicated
the Cupolo/~Lalicich proposal which was opposed by the Commission had been
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by the Ontario Municipal Board. With respect to the Calaguiro subdivision,
His Worship, Mayor Bukator stated that Council has supported the subdivision
in the past, and the matter is now before the Ontario Municipal Board for a
decision on whether or not the lands will be included in the urban boundaries.
Since there was assurance from the Minister the City's proposed site would be
approved, the fact the Ontario Municipal Board had approved the Cupolo/Lalicich
proposal despite opposition from the Con~nission, and the fact the Calaguiro
subdivision was to be considered by the Ontario Municipal Board, the Mayor felt
Council could approve the boundaries as outlined in the report.
Following further comment, it was moved by Alderman Jaluvka, seconded by
Alderman Fera, that the report be tabled and referred to the Planning and
Development Committee for further study. The motion Carried Unanimously.
DRUMMOND SOUTH N.I.P. AREA
Report No. 376 - City Manager - The report recommends that Council authorize
staff to make application to the Province and C.M.H.C. for the inclusion of
certain work on Arad and Skinner Streets and other streets in the area, in the
Neighbourhood Improvement Program.
AND
Report No. 377 - City Manager - The report recommends that the City use the
balance of funds not used for recreational purposes in the Drummond South area,
for construction of storm sewers, sidewalks and roads on the streets located
east of Drummond Road.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Sobol, that
the reports be received and adopted. 'Carried Unanimously.
CITY OF NIAGARA FALLS RETAIL MARKET STUDY
Report No. 378 - City Manager - The report recommends passage of a by-law to
authorize an agreement with Larry Smith & Associates to carry out the City-wide
Market Study in accordance with the Study Programme Outline at a cost of $11,000.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Faro, that the
report be received and adopted. Carried Unanimously.
See By-law No. 78-143
NOTE: Alderman Jaluvka was absent when the vote
was taken on this matter.
DRAFT ZONING BY-LAW - POSSIBLE LIMITATION OF NUMBER OF VEHICLES PERMITTED IN
RESIDENTIAL AREAS
Report No. 379 - CttyMansger - The report advises staff are prepared to carry
out further studies or report back with additional technical information, if
required, with a view to having the issue discussed during the second week in
August. It is suggested that members of Council direct their technical questions
to the Planning Department prior to the full Council discussion in August in
order to have as many technical answers as possible available for that discussion.
Alderman Thomson suggested that a committee of Council be set up to discuss
the matter in the same manner as the special committee was established for the
fencing by-law, The Alderman felt that there was no real urgency for a decision
Bnd because of the previous controversy that arose over a proposed limitation
on the number of commercial vehicles permitted in a residential area, it would
be more appropriate for a committee of Council to work with staff on the matter.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that a
special committee of Council be appointed to review a possible limitation on the
number of vehicles to be permitted in residential areas. Carried Unanimously.
COMMUNICATIONS
No. 109 - Reglonal Municipality of Niagara - Re: Request of Niagara Square for
Exemption under the Retail Business Holidays Act. The communication advises that
Regional Council has not approved the request of Niagara Square to remain open
on Dominion Day, Labour Day and Victoria Day. The communication does suggest
that Regional Council could consider exempting certain classes of businesses in
the shopping centre at the request of the Council of the City of Niagara Falls.
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
communication be referred to the speclal comm/tree reactivated to consider such
requests. Carried Unanimously.
No. 110 - Chamber of Commerce - Re: Request of Niagara 8quare for Exemption under
the Retail Business ~oltdays Act. The communication requests that the merchants
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.f
of Niagara Square be invited individually to express their views on whether or
not they wish to remain open on the three holidays requested by Niagara Square.
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
communication be referred to the special committee reactivated to consider sue
requests. Carried Unanimously.
No. 111 - Downtown Board of Management - Re: Request of Niagara Square for
Exemption under the Retail Business Rolidays Act. The communication expresses
the objections of the businesses in the Downtown area, to an exemption for
Niagara Square under the Retail Business Holidays Act.
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
communication be referred to the special committee reactivated to consider such
requests. Carried Unanimously.
No. 112 - Drummond Sports Experts - Re: Request for Exemption under the Retail
Business Holidays Act. The communication requests an exemption for Drummond
Sports Experts from the provisions of the Retail Business Rolldays Act.
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
communication be referred to the special committee reactivated to consider such
requests. Carried Unanimously.
No. 113 - Energy, Mines and Resources Canada - Re: Heatline Telephone Informer
Service. The communication advises of the establishment of the "HEATLINE", a
telephone information service concerning home insulation and energy conservati,
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the
communication be received and filed. Carried Unanimously.
No. 114 - Lundy's Lane Historical Society - Re: Worship Service. The communic
extends an invitation to Council to attend the 91st memorial service commemora
those who fell at the Battle of Lundy's Lane.
ORDERED on the motion of Alderman Mann, seconded by Alderman Orr, that the
invitation be accepted with thanks. Carried Unanimously.
No. 115 - Mr. T. Stevenson - Re: Property at 4737 Fourth Avenue. The communi4
advises of a commercial activity being carried on at the subject address in
contravention of the Clty's by-laws, and requests that Council take whatever
steps necessary to enforce the by-laws and build/212 use restrictions involved.
Mr. T. Stevenson was granted permission to address Council on the motion
of Alderman Sobol, seconded by Alderman Dilts. PiT. Stevenson advised that the
contravention has been carried on for a number of years, and requested that
Council uphold the provisions of the by-laws.
ORDERED on the motion of Alderman Thomson, seconded by Alderman MacBain, that
the communication be referred to staff for the preparation of a report.
Unanimously.
No. 116 - CN Rail - Re: Niagara Falls Passenger Station. The communication
requests Counc'iiTs concurrence in an application to the Canadian Transport
Commission to remove the agency designation for the Niagara Falls passenger
ORDERED on the motion of Alderman Sobol, seconded by Alderman Schisler, thatt!
Council concur with the application of CN Rail for the removal of the agency
designation. Carried Unanimously.
No. 117 - Mr. L. Burger, Greater Niagara Softball Association - Re: Request
Deer Garden at Ker Park._ The communication requests the permission of Council
to operate a beer garden at Ker Park during the International Fastball
on Anguat 4 - 7, 1978.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the
request be approved subject to approvals being obtained from all authorities
involved. Carried Unanimously.
No. 118 - Mr. D. Costello and Residents of Mount Forest Lane - Re: Sidewalks.
The communicetion requests that no sidewalks be insrelied on Mount Forest Lane
only the normal paved road as in the original plan of subdivision, along with
curbs and gutters.
ORDERED on the motion of Alderman Thomson, seconded by Alderman MacBsin, that
the communication be referred to staff for the preparation of a report.
Unanimously.
REPORTS
No. 380 - Planning & Development Committee - Re: AM-34/17, A. Leo and
Plan Amendment No. 93, South Side of Ferry Street, West of Grey Avenue. The
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report recommends adoption of Official Plan Amendment No. 93 by by-law, approval
of the application subject to Development Control, correction of an existing
drainage problem, and that Council certify by resolution that the application
will conform to Official Plan Amendment No. 28 of the Niagara Falls Planning
Area once Amendment No. 93 is approved by the Minister of Housing.
ORDERED on the motion of Alderman Fera, seconded by Alderman MacBain, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 62
See By-law No. 78-144
and By-law No. 78-145
No. 381 - Planning & Development Committee - Re: AM-23/78, Canadian Newspapers
Co. Ltd. (Niagara Falls Review) and Official Plan Amendment No. 100, Southwest
Corner of Valley Way and Morrison Street. The report recommends adoption of
Official Plan Amendment No. 100 by by-law, approval of the application subject
to Development Control, and that Council certify by resolution that the application
will conform to Official Plan Amendment No. 28 of the Niagara Falls Planning Area
once Amendment No. 100 is approved by the Minister of Housing.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 63
See By-law No. 78-146
and By-law No. 78-147
No. 382 - City Clerk - Re: AM-13/78, Objections to Zoning Amendment By-law 78-1~3,
Emil Rinderlin - Proposed Restaurant, Northwest Comer of River Road and Ellis
Street. The report advises that four 'letters of objection have been received as
a result of circulation of the by-law to owners of property within 400 feet of
the subject property.
ORDERED on the motion of Alderman Thomson, seconded by Alderman MacBain, that
Council re-affirm its approval of the application, and that the objections be
referred to the Ontario Municipal Board. The motion Carried with Alderman
Jaluvka abstaining on a conflict of interest, and all others voting in fayour.
No. 383 - City Manager - Re: Committee of Adjustment Application A-48/78, N. &
B. Durward, 4034 Portage Road, Warehouse Addition to Furniture Store. The report
recommends that Council direct staff to appeal the decision of the Committee of
Adjustment in approving the application, and permit the appropriate City
departments to make representation on the City.'s behalf before the Ontario
Municipal Board.
Mr. N. Durward was granted permission to address Council on the motion of
Alderman Schisler, seconded by Alderman Jaluvka. Mr. Durward advised that when
the application had been considered by the Committee of Adjustment, parking was
not one of the major concerns of the Committee since the application was to
permit a warehouse for storage of furniture stock. The one objection to the
application was the neighbout who was opposed because the building would be
within 6" of their property. The line was moved to 11' and it seemed to satisfy
the objection at the time. Mr. Durward stated that he was not aware of the
reason for the appeal. .
The Senior Planner advised that staff was concerned about the parking situation
and the extent of the variance granted. A similar situation occurred on the other
side of Portage Road and Council had authorized an appeal. By granting the
variance, the area for parking is reduced and it is never made up. The reduction
was considered significant in this case, and this is the reason the City eventually
requires municipal parking lots.
Alderman MacBain agreed that the variance was significant and stated that
he appreciated the concern of staff. The Alderman did point out that the Committee
of Adjustment had not been impressed by the amount of variance since it was not
likely the property would ever be used for parking. Alderman MacBain felt if the
building had been properly set back originally, more adequate parking could have
been supplied. The Alderman further stated that since the Committee had taken
that position, he did not feel Council should agree with the reconmmendation to
appeal the decision. Mr. Durward further stated that the expansion was for
warehouse purposes only, since there was sufficient retail space above the store
for expansion if necessary.
Alderman Thomson stated that if the business were in an area where parking
was a problem, Council's reaction might have been different, but due to the
circumstances involved, the Alderman felt the decision of the Committee should
not be appealed.
ORDERED on the motion of Alderman Thomson, seconded by Alderman MacBain, that
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the decision of the Committee of Adjustment not be appealed, and the report
be received and filed. Carried Unanimously.
No. 384 - City Manager - Re: Land Division Severance B264/78, CanJam Developmeg
Limited. The report recommends Council's approval of an appeal to the OntarioI
Municipal Board through the Land Division Committee with respect to the subjet
severance.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Mann, that the
report be received and adopted. Carried Unanimously.
No. 385 - City Manager - Re: Proposed Service Complex Marine Wonderland and
Animal Park Limited, Lots 43, 42, 8, 55 and 56. The report makes the followi~
recommendations: 1) That Council approve the sale of Lot 43 from Strew Constrt
to Marineland subject to Marineland assuming all conditions and requirements
imposed upon the original sale to Strew Construction, unless specific relief ii
provided by the Municipality; 2) That Council approve the sale of Lot 42 to
Marineland at a price of $10,000 and that all conditions applicable to the
original sale to Strev Construction be continued; 3) That Lots 8, 55 and 56
having a total area of 1.2 acres, be conveyed to Marineland at a price of
$21,000, that the amount of $3,150 being the deposit submitted by Strev
Construction with their original proposal be refunded and that the sale to
Marineland be subject to imposition by the City of any conditions the City mal
feel are warranted.
Mr. R. Powell of Strew Construction, was granted permission to address
Council on the motion of Alderman Thomson, seconded by Alderman Stewart.
Mr. Powell advised that his firm was currently quoting on a 30,000 sq. ft.
warehouse for a Niagara Falls firm and a decision must be made on where the
warehouse is to be located, It was intended to use Lot 42, however Mr. J. H0
of Marineland had expressed an interest in purchasing land for a service comp
for his park. If Council was agreeable to the sale of the lands to Marineland
the warehouse would be located on presently owned lands or new property. Mr.
Powell further advised that his firm must give the Niagara Falls company an
answer by the end of the week, and since there is competition between his fi~
and a N~milton firm in providing the warehouse, the timing was crucial.
Alderman Thomson noted that Strev Construc-t_~en had made every effort to
attract commercial development to the Falls Industrial Park, and since Mr.
had definite plans for expansion of his park, the request was reasonable.
Alderman also felt the transfer of properties would not only have the lots
quickly but would sttJnulate the sale of other lots.
In response to a question raised by Alderman Sobol, the City Manager adv
that a number of years ago, the City had approved the calling of proposals on
Lots 8, 55 and 56 in the Falls Industrial Park for a commercial complex. The
value of the land at that time was $17,500 pertacre since it was considered
commercial and not industrial.
Following further comment, it was moved by Alderman Thomson, seconded by
Alderman Dilts, that the report be received and adopted. Carried Unanimous]
No. 386 - City Manager - Re: Request for Quit Claim Deed of Property at 833z
Hears Crescent, Lot 345, Plan 12 for the Village of Chippaws, now Plan 261.
The report recommends passage of a by-law authorizing quit claim deeds to the
present owners of Lots 345 and 346 on Hears Crescent.
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that
report be received and adopted. Carried Unanimously.
See By-law No.'
No. 387 - City Manager - Re: Dwelling at Fairview Cemetery. The report
that Council authorize staff to call tenders for the demolition of the
at Fairview Cemetery.
ORDERED on the motion of Alderman MacBain, seconded b~ Alderman Fete, that
report be received and adopted. Carried Unanimously.
No. 388 - City Manager - Re: Niagara Falls Memorial Arena, General Building
improvements. The report recommends that Council authorise the hiring of Don
Chapman and Associates to work with City staff in preparing rough plans
No. 389 - City' Manager - Re-' Development Plan Approval, Proposedl~6 Unit
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Apartment Building, S. Pingue, West Side of Portage Road, North of Thorold
Stone Road. The report recommends approval of the subject Development Plan
as submitted.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
No. 390 - City Manager - Re: Contract S.S. 9-78, Storm Sewer on St. Clair
Avenue and Sanitary Sewer on Chippaws Parkway. The report recommends approval
of the tender submitted by Covello Bros. Ltd. for the subject contract, with
funds for the sewer on St. Clair Avenue being obtained through monies collected
under By-law 73-267, and the balance of funds required for the sewer on Chippaws
Parkway being financed from the current operating budget account that provides
for a contribution towards capital spending.
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 64
See By-law No. 78-149
No. 391 - City Manager - Re: Culvert Reconstruction and Extension on Rural Roads.
The report outlines the following recommendations: 1) That the design work for
culverts included in the 1977 and 1978 budgets and the culverts which are proposed
to be included in the 1979 operating budget, be assigned to the firm of DeLeuw
Cather; 2) Reimbursement to the consultant should be in accordance with the
schedule suggested by the Association of Professional Engineers of Ontario, fee~
basis '~", time + expenses; 3) An upset limit of $6,000 be established for the'
engineering fees for the four culverts included in the 1977 and 1978 budgets,
with actual billings to be based on actual work performed and actual time spent
on the project, with the upset figure not to be exceeded; 4) An upset limit of
$3,000 be established for the engineering fees for the three culverts which are
proposed to be included in the 1979 Operating Budget; and 5) Consultant's fees
to be paid out of the Engineering Revenue Account.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
No. 392 - City Manager - Re: Falls Industrial Park Extension. The report
recommends that Council authorize the calling of tenders for services in Phase 1
of the Falls Industrial Park Extension and that the funding for this work be paid
for by $312,000 as approved by the Ontario Municipal Board and the balance from
funds on hand from the sale of industrial lots.
The City Manager provided additional information in response to a question
raised by Alderman MacBain.
ORDERED on the motion of Alderman Mann, seconded by Alderman Fete, that the
report be received and adopted. Carried Unanimously.
No. 393 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
The City Treasurer provided information in response to a question raised
-.by Alderman Sobol on Cheque ~8295.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson, that
the report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 61 - MACBAIN - THOMSON - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 78-141 with respect to the
rezoning of property on the north side of McLeod Road, west of 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
Corporation be hereto affixed.
Carried Unanimously
No. 62 - FERA - MACBAIN - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 78-145 for the rezoning
of lands on the south side of Ferry Street, west of Grey Avenue, will conform
to Official Plan Amendment No. 28 of the Niagara Falls Planning Area, once
Amendment No. 93 has been approved by the Minister of Housing; AND the Seal
of the Corporation be hereto affixed.
Carried Unanimously
No. 63 - THOMSON - DILTS - RESOLVED that the Council of the Corporation of the
City' of Niagara Falls hereby certifies that By-law No, 78-147 for the rezontng
of lands on the southwest corner of Valley Way and Morrison Street, will
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conform to Official Plan Amendment No. 28 of the Niagara Falls Planning Area,
once Amendment No. 100 is approved by the Minister of Mousing; AND the Seal
of the Corporation be hereto affixed.
Carried Unanimousl
No. 64 - MANN - DILTS - RESOLVED that the unit prices submitted by Covello Bros
Limited for the construction of a storm sewer on St. Clair Avenue and a sanitar .
sewer on Chippawa Parkway, be accepted at the tendered price of $35,790.40; A~
the Seal of the Corporation be hereto affixed.
Carried Unanimousl~
No. 65 - THOMSON - STEWART - RESOLVED that Monday, August 7, 1978, be proclaims
as Civic Holiday in the City of Niagara Falls, and that all Civic buildings wil
remain closed on that date, and the regular meeting of Council scheduled for th
date be held on Tuesday, August 8, 1978, commencing at 7:30 p.m.; AND the Seal
of the Corporation be hereto affixed.
Carried Unanimously
RATIFICATION OF COMMITTEE OF THE WHOLE DECISIONS
It was moved by Alderman MacBain, seconded by Alderman Thomson, that Coun~
ratify the decisions reached in Committee of the Whole, authorizing the purcha~
of land on Sarah Street adjacent to the Niagara Parkway at a price of $1200 pl~
legal fees and survey costs, and the purchase of property on Huron Street for t~N,
purpose of a municipal parking lot at a price of $68,000. The motion Carried
with Alderman Orr voting contrary, and all others voting in favour,
BY-LAWS
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ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that
the following by-laws be now read a second and third time:
No. 78-125 - A By-law to authorize the acquisition of land for the parking of
vehicles.
No. 78-139 - A By-law respecting the reconstruction of Burdette Drive from
Drummond Road to a point approximately 300 feet easterly therefrom.
No. 78-140 - A By-law respecting the construction of LaMarsh Drive (formerly known
as St. James Avenue) from Burdette Drive to the proposed Morrison Stree~
No. 78-142 - A By-law to authorize an agreement with Giacomo DeGiorgio and Anthony
DeGiorgio.
No. 78-143 - A By-law to authorize an agreement with Larry Smith & Associates Ltd.
for a market study.
No. 78-144 - A By-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Falls Planning Area. (No. 93, A. Leo)
No. 78-145 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-34/77, A. Leo)
No. 78-146 - A By-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Falls Planning Area. (No, 100, Niagara Falls.'Review)
No. 78-147 - A By-law to amend By-law~ No. 5335, 1955, as amended. (AM-23/78,
Niagara Falls Review)
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that lear
be granted to introduce the following by-laws, and the by-laws be read a first
No. 78-125 -
No. 78-139 -
No. 78-140 -
No. 78-141 -
A By-law to authorize the acquisition of land for the parking of
vehicles. (Huron Street)
A By-law respecting the reconstruction of Burdette Drive from Dre-J'
Road to a point approximately 300 fee~ easterly therefrom.
A By-law respecting the construction of LaMarsh Drive (formerly~
as St. James Avenue) from Burdette Drive to the proposed Morrison
A By-law to amend By-law No.'2530, 1960 of the former Township of
8t~ord, now in the City of Niagara Falls, as amended. (AM-i/78,
DeGiorgio - ONE READING ONLY)
No. 78-142 - A By-law to authorize an agreementswith Giacomo DeGiorgio and
DeGiorgio.
No. 78-143 - A By-law to authorize an agreement with Larry Smith & Associates
for a market study.
No. 78-144 - A By-law to provide for the adoption of an amendment to the
Plan of the Niagara Falls Planning Area. (No~ 93, A. Leo)
No. 78-145 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-34/77,
No. 78-146 - A By-law to provide for the adoption of an amendment to the
Plan of the Niagara Falls Planning Area. (No. 100, Niagara Falls
No. 78-147 - A By-law to amend By-law No. 5335, 1955~ as,amended. (AM-23/78,
Niagara Falls Review)
No. 78-148 - A By-law to authorize the execution of q~it claim deeds to the
of Lots 345 and 346 on Meats Crescent.
No. 78-149 -
A By-law to authorize the execution of an agreement with Coyell0
Limited for the construction of a storm sewer on St. Clair Avenue
a sanitary sewer on Chippaws Parkway.
Mo. 78-150 - A By-law to amend By-law No. 7531, being a by-law to provide for
erection of stop s~ne at intersections. (Dunn St. & Waters Ave.)
No. 78-151 - A By-law to provide monies for general purposes.
Carried
..... 13
No. 78-148 - A By-law to authorize the execution of quit claim deeds to the owners
of Lots 345 and 346 on Meats Crescent.
No. 78-149
- A By-law to authorize the execution of an agreement with Covello Bros.
Limited for the construction of a storm sewer on St. Clair Avenue and
a sanitary sewer on Chippawa Parkway.
No. 78-150 - A By-law to amend By-law No. 7531, being a by-law to provide for the
erection of stop signs at intersections. (Dunn Street & Waters Avenue)
No. 78-151 - A By-law to provide monies for general purposes.
Carried Unanimously
NEW BUSINESS
MEETING WITH BOARD OF EDUCATION
Alderman MacBain asked the City Manager if he had had an opportunity to
meet with representatives of the Board of Education regarding spending restraints.
The City Manager indicated that he had spoken to a representative of the Board,
and it was planned to schedule a meeting closer to the fall when the Board has a
full staff, possibly the first week in September. The City Manager further
~lndicated that it was planned that meetings would be held with both the School
Board and the Region on the matter.
RECREATION COMMISSION SUMMER PROGRAM
Alderman Schisler distributed copies of the Recreation Commission'e summer
program to members of Council and advised that over twenty-four thousand copies
of the program had been sent out to households in the City, plus an additional
one thousand copies to the various agencies in the City.
It was moved by Aldermen Thomson, seconded by Alderman Fera, that the
meeting adjourn, Carried Unanimo
P. EADANDADOPTED,
MAYOR
TWENTIETH MEETING
Council Chambers
August 8, 1978
REGULAR MEETING
Council met on Tuesday, August 8, 1978 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Aldermen Orr and Schisler. His Worship, Mayor Bukator presided
as Chairman, Alderman Stewart offered the Opening Prayer.
MOMENT OF SILENCE
His Worship, Mayor Bukator requested a moment of silence in the memory
of His Holiness, Pope Paul VI, who passed away on August 6, 1978.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart,
that the minutes of the meeting held on July 24, 1978, be adopted as printed.
Carried Unanimously.
PRESENTATION OF ACHIEVEMENT AWARD
His Worship, Mayor Bukator presented an Achievement Award to Mr. D. D'Addio
who won the Ontario Y.M.C.A. Sports F~stival Cross-Country Run in Hamilton during
May of this year. The Mayor advised that Mr. D'Addio is becoming an internationally
known marathon runner, and is considered one of the best master runners in Canada.
PRESENTATION OF 25 YEAR PINS
His Worship, Mayor Bukator presented 25 Year Pins to Mr. G. Bruno, Mr. C. Loro
and Mr. G. Cianflone who have completed twenty-five years of service with the
Corporation. Mr. T. Mucicko St. who was not present at the meeting, will also
receive a 25 Year Pin.
PRESENTATION OF CERTIFICATE
His Worship, Mayor Bukator presented Mr. A. Nielson with a certificate
from the training program for Municipal Property Standards Officers held in
Toronto during May of this year.
MR. GORDON SINGLETON - COMMONWEALTH GAMES
At the request of His Worship, Mayor Bukator, it was moved by Alderman
Chessman, seconded by Alderman Thomson, that a telegram be sent to Mr. Gordon
Singleton, a resident of the City, who is participating in the Commonwealth
Games being held in Edmonton, Alberta, wishing him.good luck in his competitions.
Carried Unanimously.
FILM PRESENTATION - LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE
Miss Elyse Parker, summer researcher for the L.A.C.A. Committee, gave a
slide presentation which showed the buildings in the City presently designated
as being historically and architecturally significant and various buildings
located throughout the City which play an important role in the heritage of
Niagara Falls. During the presentation, an explanation was given on the role
of the Local Architectural Conservation Advisory Committee, and the purpose of
the Provincial legislation enabling municipalities to preserve heritage buildings.
Alderman Chessman pointed out that as the legislation currently exists,
it imposes restrictions and obligations on the owners of property designated,
but it does not offer any incentive for property owners to take advantage of
the designation. Designation is considered a one sided hasale as far as the
property owner is concerned, and the Alderman felt there should be some
incentive built into the legislation to encourage people to have properties
designated, such as some form of tax incentive or low cost loans to improve
such buildings, For that reason, a resolution had been prepared requesting
the Province to consider such incentives, and the resolution will be circulated
to other Ontario municipalities and to the upcoming heritage conference to be
held in Peterborough for support. Alderman MacBain provided information on
the ~xperience he had in renovating an older building to he used as his office
-2-
and stated that at one point he had considered demolishing the building due
to the expense involved, and agreed that there was very little help or
encouragement for property owners to preserve such properties.
RESOLUTION
go. 66 -'CHEESMAN -MACBAIN - RESOLVED THAT WHEREAS one of the primary goals
of architectural conservation as outlined by the Ontario Heritage Act of 1974
is to designate properties of historical and architectural interest to the
community; and
WHEREAS the Local Architectural Conservation Advisory Committee has had consid~!~
difficulty in carrying out this program of historic conservation since there
few if any incentives for the private property owner to attach such restriction
to his property; and
WHEREAS the provision of such incentives could encourage property owners to
consent to designate their properties and thus aid in the retention of the old
and significant building stock of the City;
NOW THEREFORE LET IT BE RESOLVED that the Council of the Corporation of the Cit
of Niagara Falls hereby requests the Province of Ontario to investigate the
possibility of providing such incentives in the form of low interest loans, g~
for restorations, design and consulting services and/or any other techniques t~
would encourage the ownership and upkeep of historically and architecturally
significant properties in this Province and thereby assist in the designation
of properties as provided for by the Ontario Heritage Act of 1974 and thereby
advance the objectives of the Act;
AND BE IT FURTHER RESOLVED that copies of this resolution be circulated to othe:
Ontario cities and to the Association of Municipalities of Ontario for endorsa~i~
and support; AND the Seal of the Corporation be hereto affixed.
Carried UnanimouslI
Report No. 394 - Local Architectural Conservation Advisory Committee - Re: Pr0f~
Alteration to 3360 St. Patrick Avenue. The report advises that the owner of
the property at 3360 St. Patrick Avenue which has been historically designated
through By-law 78-23, has requested permission to make alterations to the
structure. It is reconmended that approval be granted contingent upon submissil
to the Committee of an elevation plan of the prop. p~ed addition.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Thomson, that
the report be received and adopted. Carried Unanimously.
RESOLUTION
No. 67 - CHEESMAN - THOMSON - RESOLVED THAT WHEREAS the Corporation of the
City of Niagara Falls by By-law No. 78-23 designated the property municipally
known as 3360 St. Patrick Avenue as being of architectural value and of
historical interest, pursuant to subsection 14 ?f section 29 of The Ontario
Heritage Act, 1974; and
WHEREAS the owners of the said property municipally known as 3360 St. Patrick
Avenue have made application to the Council of the Corporation of the City of
Niagara Falls for consent to alter the said property, pursuant to subsection 1
of section 33 of The Ontario Heritage Act, 1974; and
WHEREAS the Local Architectural Conservation Advisory Comittee has considered
the alterations proposed by the said owners and has advised the Council that
its opinion the said proposed alterations will not detrimentally affect the
reasons for designating the said property;
NOW THEREFORE BE IT RESOLVED THAT this Council consents to the application of
Ronald J. Brown and Joan G. Brown for permission to alter the property municiP
known as 3360 St. Patrick Avenue in accordance with the plans submitted by th~
dated July 31, 1978 subject, however, to the further submission by the said
Ronald J. Brown and Joan 0. Brown of an elevation plan s@tisfactory to the
Local Architectural Conservation Advisory Comittee; AND the Seal of the
Co~poration be hereto affixed.
DEFUTATION
MR. & MBS. G. BRADY, REQUEST ~OR REMOVAL OF ONE FOOT RESERVE ON PETTIT AVEN~E_
Mr. D. Hempstar, solicitor for Mr. & Mrs. C. Brady, was granted
to address Council on the motion of Aldexman Thomson, seconded by Alderman
Stewart. Mr. Dampstar advised that the Brady'e property is an L-shaped lot
abutthE both Freeman 8treat and Pettit Avenue. At the time of registration,
certain reserves were placed on the registered plan, and the only reserve
- 3-
remaining is across the frontage of the Brady's property on Pettit. Mr.
Hempater stated that it was his understanding of the purpose of a reserve is
for control to prevent premature development. Mr. Dempster felt there would
he no future development because the area is now developed. Mr. Brady would
not be hooking into any existing services since his property is completely
serviced. Mr. Dempster felt the City must have been satisfied that all requirements
for servicing and subdivision control had been met since all other reserves have
been lifted. Mr. Dempster felt that since the purpose of the reserve has been
satisfied in relation to the Brady property, there was no reason the reserve
should remain on the property and it should be removed to allow the Brady's access
to their property. Mr. Dempster further stated that if Council was not prepared
to grant the request, that reasons be given so the Brady's will understand the
position of Council on why the application will not be considered.
In response to a question raised by Alderman MacBain, Alderman Thomson
advised that the matter has been dealt with by Council previously, and that
since there were newer members of Council unfamiliar with the history of the
matter, it should be referred to staff for additional information.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Thomson, that
the matter be referred to staff for the preparation of a report. The motion
Carried with Alderman Crows voting contrary, and all others voting in favour.
UNFINISHED BUSINESS
NIAGARA FALLS FLYERS AGREEMENT
It was moved by Alderman Thomson~ seconded by Alderman Fera, that the
matter he deleted from the agenda since the report was not available. Carried
Unanimously.
RESIDENGY REQUIREMENTS - NIAGARA FALLS FIRE DEPARTMENT
Report No. 395 - City Manager - The report recommends adoption of a policy on
residency requirements for members of the Niagara Falls Fire Department.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Jaluvka, that
the report be received and adopted. Carried Unanimously.
I.C.S. MODERN MANAGEMENT COURSE
Report No. 396 - City Manager - The report provides information on the Work
Simplification Projects prepared by employees who took the I.C.S. Modern Management
Course, that have been implemented in order to produce savings.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, tha~ the
report be received and filed. Carried Unanimously.
4737 FOURTH AVENUE
Report No. 397 - City Manager - The report advises that an application has been
made by the owner of the subject property for a rezoning to permit a food
processing business, and it is recommended that no action be taken by Council
at this time.
: Mr. T. Stevenson of 4747 Fourth Avenue, was granted permission to address
Council on the motion of Alderman Thomson, seconded by Alderman Fern. Mr. Stevenson
advised that he had approached Council since he had experienced problems in
trying to solve the matter through staff. The question is whether or not the
business bein~ carried on at the property is legal under the zoning by-law.
If it is not permissable, Mr. Stevenson felt the business should be shut down
regardless of whether or not the owner was applying for a rezoning. Mr. Stevenson
provided a history of his efforts to deal with the problem. According to the
City Solicitor, the use was contrary to the zoning by-law, and for that reason
Mr. Stevenson felt Council should take the appropriate action.
Alderman Thomson advised that this matter had been going on for many years,
and due to the complexity of the zoning, the matter should be referred to staff
for the preparation of a full report outlining the history of the problem to
enable Council to make an appropriate decision.
During the discussion on the matter, several members of Council commented
that if the business was contrary to the provisions of the zoning by-law, steps
should be taken to have the business shut down regardless of whether or not
the matter was to be considered by the Planning & Development Committee. It was
agreed that the matter of zoning should be conaidered by the Committee.
-4-
Additional information on the matter was provided by the Building and
Development Co-ordinator, and the Planning Director. Following considerable
discussion, it was moved by Alderman Thomson, seconded by Alderman Chessman,
that the matter be referred to staff for the preparation of a report containin~
further information for the consideration of Council. The motion was Defeated
with the following vote:
AYE: Aldermen Chessman, Jaluvka, Sobel and Thomson.
NAYE: Aldermen Crows, Dilts, Fore, MacBain, Mann and Stewart.
It was then moved by Alderman Mann, seconded by Alderman Dilts, that staff
determine whether or not the use of the property is contrary to the zoning by-l~
and if found to be contrary, that action be taken to have business operations
cease. The motion Carried with the following vote:
AYE: Aldermen Chessman, Crows, Dilts, Fore, MacBain, Mann and Stewart.
NAYE: Aldermen Jaluvka, Sobel and Thomson.
OLD POLICE BUILDING - ZIMMERMAN AVENUE
Report No. 398 - City Manager - The report recommends that Council authorize
staff to place the old police building in the hands of the office of the Presi&
of the Niagara Falls Regional Real Estate Association, Mr. B. Wybrew, and that
the property be appraised.
Alderman Stewart felt the appraisal should be obtained by the City, and
then a decision made on hew to dispose of the property. The Alderman did not
feel the property should be placed in the hands of a realtor. His Worship,
Mayor Bukator agreed pointing out that if the property were not appraised first
a realtor could demand a commission if a buyer for the property were found prk
to the appraisal.
Alderman Thomson also pointed out that the building has been designated
as being historically and architecturally significant by the L.A.C.A. Committee
and that the City should take steps to preserve the building.
It was moved by Alderman Chessman, seconded by Alderman MacBaiu, that an
appraisal be obtained on the old police building prior to any decision being
made on the disposal of the property. The motinn. Rattled Unanimously.
MORRISON STREET EXTENSION
Report No, 399 u City Manager - The report recommends: 1) That the Region be
requested to provide sidewalks on the proposed Portage Road connection and new
Morrison Street, at least the portion lying between the proposed Portage Road
connection and the existing Portage Road; 2) That the since the existing
Morrison Street between Portage Road and Drt~mond Road will require a name
change, that the matter be referred to the Street Name Committee; and 3) That
the existing Burdette Drive east of Drummond Road running southwest from
Althea Street and dead ending at Morrison Street be re-named and referred to
the Street Name Committee.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
PETITION AGAINST CONSTRUCTION OF SIDEWALKS ON MOUNT FOREST LANE
Report No. 400 - City Manager - The report recommends that sidewalks be delete~
on Mount Forest Lane subject to all of the owners of the lots affected by the
en eri g i e an agree e t y
deletion of the said sidewalks t n nt m n with the Cit and
Subdivider to release the City and the Subdivider from any obligation to prbv:
the said sidewalks or refund any monies. The agreement would be registered
title against the lands affected thereby.
Alderman Mann expressed concern that the residents at some time in the
future could request sidewalks under the Local Improvement Program, at which
time the City would be responsible for 50% of the cost. His Worship, Mayor
Bukator suggested the possibility of retaining the subdivider's deposit on h~
that was to be used for sidewalks in the event a request is received in the
future. The Deputy Solicitor advised that the subdivider would likely request
a refund of the monies to be used for sidewalks which is permitted under the
subdivision agreement, and that although it was possible to have the funds
posted on the chance sidewalks may or may not be constructed, it was unlikely
the subdivider would be willing to do so. In response to a further questios
raised by Alderman Jaluvka, the Deputy Solicitor stated that he would not
recommend deletion of the sidewalks unless the City obtains a release from all
of the property owners involved, With respect to a possible future petition
-5-
for sidewalks under the Local Improvement Program, the Deputy Solicitor stated
that he did not feel the City could preclude any person from their rights under
the Local Improvement Act at any time to have sidewalks installed at a later
date, and that the City did not have authority to request such a waiver.
Alderman Mann stated that he was not satisfied the City would be protected
against a future request for sidewalks, and felt that additional information
should be obtained prior to Council making a decision.
It was moved by Alderman Mann, seconded by Alderman Cheesman, that the
report be tabled pending the submission of additional information. The motion
Carried with the following vote:
AYE: Aldermen Chessman, Crows, Dilts, Fera, MacBain, Mann, Sobel and Stewart.
NAYE: Aldermen Jaluvka and Thomson.
DRAINAGE PROBL~ ON BRIAN CRESCENT/DELL SUBDIVISION
Report No. 342 - City Manager - The report provides a brief history of the
drainage problem and suggests that the residents get together'~and carry ·
out the necessary regrading of the properties and construct the necessary
swales so that the storm water will be drained to the existing rear yard
catchbasins, and alternatively that they may wish to consult their solicitors
to find out any legal action they may wish to take against the builder.
AND
Report No. 401 - City Solicitor - The report outlines the City's involvement
in rear yard drainage as set out in the Declaration of Policy for Subdivision
and suggests that if Council feels the City should take an active part in
attempting to establish and regulate grades on lots in accordance with a
grading plan, that a further report be submitted outlining how this might be
done together with a rough estimate of personnel required and cost involved
in carrying out this form of control.
Mr. G. Vasko was granted permission to address Council on the motion of
Alderman Mann, seconded by Alderman Chessman. Mr. Vasko stated that the report
was not accurate in that he had specifically questioned the effect the new
subdivision would have on drainage, and pointed out that his property was
incorrectly shown on the plan attached to the report. Mr. Vasko advised that
during the primary development of the subdivision, he had spoken to field
inspectors regarding the difference in elevation between Harvard Avenue and
Brian Crescent and he had been assured they would be the same elevation. When
it had become obvious the catchbasins to the rear of the lots on Brian Crescent
would not work, Mr. Vasko had notified the City Engineering Department and had
been told the problem was the developer's responsibility. The developer in
turn stated that it was the building contractor's responsibility. Mr. Vasko
stated that prior to the subdivision development, there had been uninterrupted
natural drainage. Since the City allowed development to proceed, Mr. Vasko
felt the City had a responsibility to install a catchbasin to the east of his
property to handle the drainage.
The Director of Municipal Works agreed that the problem was there, but
the problem is the question of legality in solving the problem. The catchbasins
are correctly placed, however the ewalesare not working correctly. Elevations
were taken in 1975 and 1977 and when the catchbasins were installed, plans were
prepared. The catchbasins are at either end of the problem area and six lots
are involved. The intent was for part of the water to drain to the west and
part to the east. The swales were not installed at the elevation the City had
intended. The City~s only involvement was in how the work was to be done, and
it was the builder~s responsibility to grade the lots in the proper manner.
It was further pointed out that the catchbasins will function if the swales are
improved.
Alderman Chessman stated that Council was considering two separate issues
one the immediate problem and the other the long term policy. The Alderman felt
the City's present policy was inadequate in handling such problems throughout
the City, and stated that the time has come that Council must take further action,
This action may cost money, however the problem must be faced. With respect to
the problem of the City not having any legal right to enter on private property
the Alderman suggested that this could be dealt with through easements along the
rear of properties, and that there be some form of policing the care and
maintenance of the swales with a possible charge-back to the property owners.
With respect to the immediate problem~ the Alderman stated that he was satisfied
the existing catchbasins could handle the drainage if the swales were functioning
properly. AXderman ~heesman felt the property owners involved should get together
- 6 -
with City staff, the subdivider and builder and try to work out a solution.
Alderman Thomson referred to the request made for an additional catchbas~
and stated that he felt this additional cost should not come out of the gentfeZ
rate. The Alderman agreed with Alderman Chessman that the problem must be work
out between the people involved with the assistance of the City. With respect
to the general problem of rear yard drainage, Alderman Thomson pointed out the:
other municipalities have staff set grades for lots to ensure proper drainage.
This might involve an additional expense to the City, however the Alderman
suggested that the City could increase its engineering fee to 8% which could
cover the cost of hiring additional staff to lay out such grades. In this waft
if a person has hindered drainage through a change in elevation, there woul~ b~
the ability for legal action to be taken.
In response to questions raised by Alderman Fera, the Director of Municip~
Works stated that the builder feels the problem is not his responsibility. ~
builder has however stated that he would be agreeable to carrying out certain
work on the undeveloped Lot 8 in conjunction with other work on other lots.
The Director of Municipal Works further advised that the City intended to use
Building Department staff to inspect properties in accordance with a grading
plan and obtain some form of easement or right-of-way along the rear of lots
to ensure the system stays in place and functions properly. If a person were
to change an elevation, the neighbout could take civil action if a drainage
problem resulted.
Alderman MacBeth agreed that the solution to the immediate problem was
for a meeting to be arranged between all persons involved, and suggested that
with the assistance of the Mayor and the City's technical staff, the subdivider
and builder, some type of a solution could be worked out. The Alderman felt
this would be far better than for the residents to retain a solicitor and go
through the courts where the expenses are likely to amount to more than the cc~
of carrying out the necessary work. His Worship, Mayor Bukator indicated that
he wan quite willing to arrange such a meeting, but pointed out that he had no
authority to make any demands on the private individuals present at the meeti~
Following further discussion, it was moved~ev. Alderman MacBain, seconded
by Alderman Cheesman, that the report of fie City Manager be received and adop~
and further that a meeting be arranged by His Worship, Mayor Bukator with all
persons involved in the hope of reaching a solution to the problem. The
Carried with Alderman Crows abstaining on a conflict of interest, and all oth~'
voting in favour.
COI~4UNICATION
No. 119 - Residents of Stanley Avenue and Morden Drive Area - Re: Property at
the Corner of Stanley Avenue and Morden Drive. The communication requests ~e
assistance of Council in protecting the properties in the area against the
recent installation of an expansive pigeon coop on the subject property.
A resident of the area advised that the pigeon coop was installed early
one morning on the side of the property facing Oakes Park. There is wood pil~
all around the coop, the smell is particularly offensive to the residents in
the area, and since the coop was installed, the number of flies has increased
greatly. It was also advised that fence posts are being installed ~mmediately
adjacent to the City sidewalk in concrete. Reference was also made to a
small parking area installed where the front lawn had been on Stanley Avenue,
and the curb on Stanley had been damaged to allow access to the parking area.
It was requested that the City take action against the owner of the property.
In response to a question raised by His Worship, Mayor Bukator, the Buildi
and Development Co-ordieator advised that the owner had not obtained a buildinh
permit to erect the coop, The owner was advised that such action was illegal,
and the solicitor for the owner contacted the City to advise that an applicati~
Development Co-ordinator further advised that the normal procedure followed is
that his department would not take immediate legal action, but would attempt
work with the person involved to bring the violation into confonance ~lth
by-laws.
Alderman ~hemson suggested that the matter should be referred to staff
$ fuil ~eport to be submitted at the next meetin~ so that Council could deal
-7-
with the matter in an appropriate manner. Aldermen ~nn aud Stewart felt that
if the building was contrary to existing by-laws, it should be removed immediately
rather than ~allow the building to remain until the matter is reviewed by the
Committee of Adjustment.
Alderman Cheesman pointed out that quite often City staff are criticized
for carrying out their duties strictly in accordance with regulations. In this
instance, officials had attempted to take a lenient approach and was again being
criticized for such action. The Alderman felt that Council should be consistent
and remember the stand taken on this matter if a similar situation should occur
in the future.
Following further comment, it was moved by Alderman Mann, seconded by
Alderman Dilts, that staff be instructed to take appropriate action to alleviate
the problem. The motion Carried Unanimously.
REPORT
No. 402 - City Manager - Re: Land Division Committee Application B-351/78,
Josephine Upper, Pt. Twp. Lot 164, 6827 Garner Road. The report requests that
Council direct staff to appeal the decision of the Land Division Committee on
the subject application and permit the appropriate departments to make
representation on the City's behalf before the Ontario Municipal Board. If
Council should not support the request, consideration should be given to
directing staff to appeal the decision in order to obtain the road dedication
which was denied by the Land Division Committee.
Mr. M. M~Garry, solicitor for the applicant, was granted permission to
address Council on the motion of Alderman Sobol, seconded by Alderman Jaluvka.
Mr. McGarry advised that Mrs. Upper had severed a similar portion of her land
at the Kalar Road end to allow Niagara Falls Hydro to erect a transformer station,
and the City had not appealed the Committee's decision at that time. The
subject application was of a similar nature at the Garner Road end of the
property and would involve a two acre severance for Mrs. Upper's granddaughter
and her husband. The correspondence from the City to the Committee with respect
to the severance dealt with a number of concerns, the possibility of the
severance not being in conformance with the Official Plan, the possibility the
location of a dwelling on the remnant obstructing future access to the lands
behind, a requested impost fee of $1000, a 10' road widening dedication and
designation by some means of a portion of the property within the urban service
boundaries of the City. Mr. McGarry advised that although the Land Division
Committee only imposed the $1000 impost fee and inclusion of the property in
the urban service boundaries of the City, his client was willing to grant the
10' road widening and to enter into an agreement with respect to future road
access problems bearing in mind the lack of a secondary plan. It was hoped that
this offer to negotiate could avoid the delay and expense of an Ontario Municipal
Board hearing.
In response to a question raised by Alderman Crowe, the Director of
Municipal Works advised that in another application which the City had appealed,
the offer to negotiate was made and the City subsequently withdrew its appeal.
The Planning Director advised that as long as Council did lodge the appeal, it
.couZd be withdrawn later if agreement was reached on the outstanding issues.
Following further comment, it was moved by Alderman Crows, seconded by
Alderman Chessman, that the decision of the Land Division Committee be appealed.
~he motion eat~ried Unanimously.
UNFINISHED BUSINESS - Continued
pROPOSED SMOKING BY-LAW
Report No. 403 - Alderman C. Chessman - The report recommends that the proposed
smoking by-law be given two readings and that it be held over for one month so
that members of Council and the public can study the by-law more fully.
Report No. 404 - Alderman C. Chessman - The report recommends the inclusion of
provision in the proposed by-law to cover smoking in retail food stores.
Alderman Chessman advised that the purpose of the report was simply to
introduce the by-law and allow members of Council and the community an opportunity
to to review and comment on its provisions.
-8-
Following a general discussion on the purpose and content of the by-law,
it was moved by Alderman Chessman, seconded by Alderman Thomson, that the
reports be received and adopted. Carried Unanimously.
See By-law No. 7~1
REVISED PLANNING AREA BOUNDARIES PROPOSED BY THE NIAGARA ESCARPMENT COPMISSI0?;
Report No. 405 - Planning & Development Committee - The report recommends that
the revised boundaries be accepted with the exclusion of the Calaguiro propertJ
Alderman Thomson advised that his only other concern was the proposed
for the Regional Headquarters, and while the Mayor did have a letter on file
the Minister stating that the site, if chosen, would be approved, the Alderman
felt Council should make its feelings known now rather than to have to deal
with the Commission at a later date. Alderman MacBain added that he would fee.
safer knowing that the City's position on the Regional Headquarters site was
public record.
Alderman Sobol indicated that she did not agree the Calaguiro lands shoul
be excluded since the escarpment runs through their property.
It was moved by Alderman Fera, seconded by Alderman Stewart, that the
report be received and adopted with the amendment that the proposed site for
the Regional Headquarters also be excluded. The motion Carried with Alderman
Sobol voting contrary, and all others voting in favour.
RECREATIONAL VEHICLES IN RESIDENTIAL AREAS
His Worship, Mayor Bukator appointed Aldermen Chessman, Dilts and MacBah
to serve on the special committee studying the keeping of recreational vehick~
in residential areas. Alderman MacBaiu was requested to act as Chairman of
the Committee.
COMMUNICATIONS
No. 120 - Regional Municipality of Niagara - Re: Niagara Falls Railway
Relocation Study. The communication provides an interim report on the progres:
to date in carrying out the Railway Relocation ~dy.
Alderman Chessman commented that at one time he had been concerned that
the rail service between Niagara Falls and Toronto might be discontinued, ho~
since the new VIA rail service had been established, passenger service was
being encouraged.
Mr. P. Grandoni expressed concern that residents of the City who may be
affected by railway relocation are unaware of all of the proposals being
considered under the study. Both His Worship, ~Mayor Bukator and Alderman
Chessman noted that the matter had been p~blicized in the press and that
information concerning the study was available to those interested.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Thomson,
that the comunication be received and filed. Carried Unanimously.
No. 121 - Regional Municipality of Niagara - Re: Proposed Watermain on Montr0si
Road. The communication advises that an update of the water supply system for
the City will be ~mdertaken in September 1978, and that consideration will be
given to the construction of the proposed watermain upon completion 9f the
study.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Jaluvka, that
no further action be taken on the matter until further information is availabl~
from the Region. Carried Unanimously.
No. 122 - Niagara Regional Police - Re: International Police Fastball
The c~mmualcation requests the approval of the City in support of an
to the Liquor Liceace Board for a permit in conjunction with the annual
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that
approval be granted subject to approval by all other authorities involved.
Carried Unanimously.
No. 123 - Mr. G. Auld - Re: Frovision of Sewers and Traffic Matters. The
communication requests consideration of a sewage system for this area of
Moatrose Road and a review of the traffic situation,
ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the
m~tte~ be referred to $~aff ~or the preparation of a report. Carried
-9 -
No. 124 - Chamber of Commerce - Re: Special Sales. The connnunication requests
the assistance and support of Council in regulating what is referred to as
"special sales".
In response to a question raised by Alderman Sobol, Mr. K. Milne of the
Chamber advised that the Municipal Act does provide authority for a municipality
to introduce legislation controlling special sales of this nature. The matter
has been discussed with the merchants of the City and the majority are in favour
of some form of control. It was further advised that the Chamber of Commerce
also operates the Better Business Bureau whose purpose is to protect the
consumer from disreputable businesses and at the same time protect the image
of reputable businesses,
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that
the matter be referred to staff to work with the Chamber of Commerce in
considering some form of control. Carried Unanimously.
No. 125 - Downtown Board of Management - Re: Appointment to the Board. The
communication advises that Mr. B. Ballett has resigned from the Board and
requests that Council approve the appointment of Mr. Ateo Issepon to fill the
vacancy.
ORDERED on the motion of Alderman Thomson, seconded by Alderman ~nn, that the
appointment of Mr. A. Issepon to the Board of Management, be confirmed by by-law.
Carried Unanimously.
See By-law No. 78-159
No. 126 - St. Catharines Campineers - Re: Grape Festival Camp-Out. The
communication requests approval of th~ City to hold a wine and cheese party in
conjunction with the annual Grape Festival Camp Out.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the request be approved subject to approval by all ocher authorities involved.
Carried Unanimously.
No. 127 - Mayor Teddy Kollek of Jerusalem - Re: International Children's Painting
Competition. The communication advises of the international children's painting
competition and requests the appointment of an official from the City to serve as
co-ordinator of the project in the City and to act as liaison with officials in
Jerusalem.
ORDERED on the motion of Alderman Mann, seconded by Alderman Jaluvka, that a member
of the Recreation Department staff be requested to co-ordinate the project.
C~rried Unanimously.
REPORTS
No. 406 - City Manager - Re: Amendment No. 1 to the Official Plan for the Niagara
Planning Area (Regional Policy Plan). The report recommends that the comments
of the City be forwarded to the Minister of Housing with the request that they
be considered requests for referral to the Ontario Municipal Board unless they
are incorporated as modifications in any decision to approve Amendment No. 1 to
the Official Plan for the Niagara Planning Area.
In response to several questions raised by Alderman Sobol, the Planning
Director advised that the acreage involved along the Niagara River Parkway was
.a narrow strip encouraged in the Ctty's Official Plan for residential uses, and
'the Region's designation of agricultural was unnecessary. With respect to
section 7.B.7, the Planning Director advised that the City could not go along
with this clause since it would involve sludge sites among other uses, and it
was the opinion of the City Solicitor that the removal of this clause would
provide a safeguard for the City.
Alderman Sobol commented that she felt the City was out of step with the
Region with respect to the preservation of agricultural land. The Alderman felt
that generally the Regional Policy Plan was very good, and she could not agree
to the City's opposition to section 4 which required that expansion on to
agricultural land must occur only after rural areas are developed. The Planning
Director commented that the City's objection was based on the fact there should
be circumstances, such as the proposed Regional headquarters site~ when expansion
would be allowed prior to development of rural areas.
It was moved by Alderman Mann, seconded by Alderman Dilts, that the report
be received and adopted. The motion Carried with Alderman Sobol voting contrary
and all others voting in favour.
No..407 - City Manager - Re: Request for Encroachment By-law, 5397 Forsythe Street.
The report recomends approval of a request to allow certain encroachmeats by the
, i)tL
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subject property on to the Forsythe Street and Buchanan Avenue road allowances.
ORDERED on the motion of Alderman Crows, seconded by Alderman MacBain, that th
report be received and adopted. Carried Unanimously.
No. 408 - City Manager - Re: Disposal of Surplus M.T.C. Land. The report
advises that the M.T.C. has contacted the City regarding the disposal of a
1.816 acre parcel of land situated on Royal Manor Drive immediately south of
Highway 420. The report recommends that the Municipality not acquire the
property and the Ministry be so notified.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
No. 409 - City Manager - Re: Exemption of Certain Lots in Plan 251 from Fart
Control. The report recommends passage of a by-law exempting Lots 177 and 179
Registered Plan 251 from part lot control, and further that any costs arising
from registration of the by-law following approval by the Region, be assumed
the applicants.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted. Carried with Alderman Crows abstaining on
a conflict of interest, and all others voting in favour.
See By-law No.
No. 410 - City Manager - Re: Bruce Avenue Condominium Subdivision. The report
recommonds approval of the proposed condominium plan subject to four conditi0m
ORDERED on the motion of Alderman Mann, seconded by Alderman Fern, that the
report be received and adopted. Carried Unanimously.
It was moved by Alderman Mann, seconded by Alderman Jaluvka, that the
meeting continue past the 11:00 p.m. adjournment as provided in the Procedural
By-law. Carried Unanimously.
No. 411 - City Manager - Re: Building By-law No..J~-60. The report recommends
passage of a by-law amending By-law No. 76-60, to provide a requirement for
permits for farm buildings for the purpose of ensuring the safe and proper
construction thereof.
ORDERED on the motion of Alderman Fern, seconded by Alderman Stewart, that the
report be received and adopted. Carried Unanimously. i
See By-law No. 78-
No. 412 - City Manager - Re: Fee for Letters of Compliance or Clearance. The
report recommends passage of a resolution approVing a change in the fee charge
by the Building & Development Department for the provision of letters of
compliance or clearance from $10.00 to $30,00.
In response to a question raised by Alderman Jaluvka, the Building and
Development Co-ordinator advised that his Department had checked the cost
involved in providing this service, and it was determined that on many request;
the cost exceeds $30.00 while on others it is less. T~e~fee of $30.00 was fel:
to be an average of the costs incurred.
In reply to a question raised by Alderman Crows, the Building &-Develop~ei
Co-ordinator advised that if the report was approved, his office would be send:
notification of the increased fee to the local and out-of-to~rn offices nauaIly
requesting this service.
OBD~ED on the motion of Alderman Chessman, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
See Resolution N0..
No. 413 - City Manager - Re: Development Plan Approval - Proposed Commercial
Development at Drummond Road and NcLeod Road. ~he report recommnds approval
of the subject development plan as submitted.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the
report be received and adopted. Carried with Alderman Jaluvka abstaining on a
conflict of interest, and all others voting in favour.
No. 414 - City Fan~2er - Re: Christian Missionary Alliance Church at Glengate
Street and Drummond Road. The report recommends approval of a revised site
for fix~1 phase of the st~ject develoi~aent, as submitted.
~D on the ~tion of ~ds~ ~on, seconded by ~de~n Dllts, that
report be ~ei~ed~d adopted, ~i~i~l~.
..... 11
- 11 -
No. 415 - City Manager - Re: 1978 Roads & Transportation Association of Canada
Annual Conference. The report recommends that one member of the biunicipal Works
Department and one member of Council be authorized to attend the subject
conference to be held in Ottawa from September 18 - 21, 1978.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Jaluvka, that
the report be received and adopted, and that Alderman Stewart be authorized to
attend as Council's representative. The motion Carried with the following vote:
AYE: Aldermen Cheesman, Crows, Dilts, Jaluvka, Stewart and Thomson.
NAYE: Aldermen Fera, MacBain, Mann and Sobol.
No. 416 - City Manager - Re: Buchanan Avenue Widening. The report advises that
no objections have been received to the revised scheme for providing parking
spaces on Buchanan Avenue between Ferry Street and Spring Street,
ORDERED on the motion of Alderman Sobol, seconded by Alderman Thomson, that the
report be received and filed. Carried Unanimously.
See By-law No. 78-156
No. 417 - City Manager - Re: Transfer/Reversion of Roads Adjacent to Queen
Elizabeth Way South of Welland River. The report recommends that Council assume
Jurisdiction of four sections of roadway from the M.T.C., and that staff review
traffic by-laws on those roadways which did not exist prior to M.T.C. construction.
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 6~
No. 418 - City Manager - Re: Contract R.C. 8-78, Finished Road Construction in
Dorchester South Subdivision. The report recommends that the unit prices submitted
by Steed and Evans Limited for Contract R.C. 8-78 be accepted by Council.
ORDERED on the motion of Alderman Fera, seconded by Alderman Thomson, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 70
See By-law No. 78-157
No. 419 - City Manager - Re: Vacancy - Property Standards Conmittee. The report
advises that a vacancy has occurred on the Property Standards Committee due to
the passing of Mr. C. Wills, and requests that Council give consideration to
filling the present vacancy by the appointment of a person willing to accept
the position.
The City Clerk advised that there were no names on file of persons wishing
to serve on this Committee, and requested that members of Council knowing any
person who might be willing to serve on the Committee, advise the City Clerk of
the names of those persons.
ORDERED on the motion of Alderman Thomson, seconded by Aldernmn Mann, that the
City Clerk be supplied with the names of persons interested in serving on the
Property Standards Committee. Carried Unanimously.
No. 420 - His Worship, Mayor Bukator - Re: 1980 Conference - Federation of
Canadian Municipalities. The report reconmends that an invitation be extended
to the Federation of Canadian Municipalities to hold the 1980 Conference in the
City of Niagara Falls.
: The City Manager advised that the City would contact the Region and other
area municipalities, as well as other individuals for donations to defray the
cost of the conference. The City's cost would depend on the amount of donations
the City is able to obtain. The City Manager was quite confident that the City
would be chosen to host the 1980 conference, and pointed out that the conference
could generate $300,000 in revenue during the slow period of the tourist season.
ORDERED on the motion of Alderman Crows, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
No. 421 - City Manager - Re: Rating By-law for $237,363.58 Debenture Issue.
The report recommend8 passage of a by-law to provide for the imposition of rates
which will raise the amount of money to be turned over by the City to the Region
to n~ke instalments of principal and interest falling due on the debenture issued
for the purposes of the City.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart~ that the
report be received and adopted. ~arried Unanimously.
See By-law No. 78-158
No. 422 - City Manager - Re: Statement of Revenue and Expenditure. The report
provides a statement of the revenue and expenditure for the tax supported section,
- 12 -
water supply system and the parking fond for the six months ended June 30,
1978.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Crows, that
the report be received and filed. Carried Unanimously.
No. 423 - City Manager - Re: 1977 Financial Statements. The report provides
1977 financial statements for the City along with the unqualified report of
the municipal auditor.
ORDERED on the motion of Alderman Thomson, seconded by Aldernmn Stewart, that
the report be received and filed. Carried Unanimously.
No. 424 - City Manager - Re: International Federation of Municipal Engineers.
The report recommends that the Director of Municipal Works be authorized to
attend the New York segment of the subject VII Congress of the Association t0
be held ~n 1979.
In response to a question raised by Alderman Crows, the Director of
Municipal Works advised the request was submitted to Council in advance due tc
the type of planning involved in an international conference. Arrangements
must be made well in advance for those persons participating in panels and
presentations. It was further advised that the expenditure would be
recomnended to next year's Council.
ORDERED on the motion of Alderman Stewart, seconded by Alderman Crows, that
the report be received and adopted. Carried Unanimously.
No. 425 - City Manager - Re: Resolutions from Other Municipalities.
i) City of Stratford - Requesting the Government of Ontario to change existink
legislation in order to allow school bus operators to provide transportatic.
for retarded adults.
Recommendation - That the resolution be endorsed and the appropriate perse~
be notified.
ORDERED on the motion of Alderman Crows, seconded by Alderman Jaluvka, that ~
resolution be tabled in order to obtain additional information. The motion~4~
with Alderman Chessman voting contrary, and all others voting in favour. '
2) City of Windsor - Requesting support of a protest to be lodged with the
Canadian Radio-Television Commission regarding the Bell Canada Jack
installation program.
The City Clerk requested that the resolution be withdrawn since additional
information had been received on the matter that should be studied prior to a
reconnendation being made to Council.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that ~
the resolution be tabled. Carried Unanimously.
3) Town of Walden - Requesting School Boards to obtain the municipalities' iS{.
of their proposed budgets and to provide for an appeal procedure should
not be granted.
Recommendation - That the resolution be received and filed.
During the discussion on this resolution, it was pointed out that although
municipalities do have the right to object to a school board budget, they c~
reject such a budget and mast raise the funds to cover the educational levy.
Alderman MacBafn commented that while a monicipality might not be successful
in appealing an educational levy, the appeal itself would make education offi
more aware of the need to practice financial restraint.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Dilts, that
resolution be endorsed. The motion Carried with the following vote:
AYE: Aldermen Crows, Dilts, Jaluvka, MacBain, Mann and Stewart.
NAYE: Aldermen Chessman, Fern, Sobel and Thomson.
4) County of Essex - Requesting the Province to develop legislation to provid~
tax exemption for the modernization of industrial buildings.
Recommendation - That the resolution be received and filed and the County'
Essex be notified of the City~s concern regarding the disadvantages in gra
concessions to a particular group of taxpayers.
ORDERED on the motion of Alderman MacBath, seconded by Alderman Fern, that th
recommendation be adopted and the resolution received and filed. Carried
Unanimously.
5) Regional Municipality of Waterloo - Requesting the Province to provide 1~
authority to establish mandatory deposits for soft drink containers or
establish a Province-wide mandatory deposit system.
Recommendation - That Council reiterate its support of a deposit system for
soft drink containers and indicate that such a system he implemented on a
Province-wide basis as opposed to being a local $ssue.
ORDERED on the motion of Alderman Crowe, seconded by Aldex~nan Dilts, that the
recommendation be adopted. Carried Unanimously.
..... 13
- 13 -
6) City of Sarnia - Requesting that responsibility for providing school
crossing guards rest with the Board of Education.
Recommendation - That the resolution be received and filed.
ORDERED on the motion of Alderman Fera, seconded by Alderman Thomson, that
the resolution be received and filed. Carried Unanimously.
7) Town of Pelham - Requesting the Province to enact legislation providing for
the registration and regulation of mini-bikes and unlicensed motorcycles.
Recommendation - That the Province establish a special committee to study
the problem in depth before enacting legislation, and the Town of Pelham be
notified of the City~s reasons for such action.
ORDERED on the motion of Alderman Crowe, seconded by Alderman Stewart, that the
recommendation be adopted. Carried Unanimously.
8) Rochester Township - Requesting the Ministry of Transportation & Communications
to grant full approval for bridge repairs and bridge reconstruction in the
current year when supplementary subsidy is applied for.
Recommendation - That the resolution be endorsed and the appropriate persons
be notified.
ORDERED on the motion of Alderman Jaluvka, seconded by Alderman Stewart, that the
the recommendation be adopted. Carried Unanimously.
9) City of Brampton - Requesting the Province to enact legislation requiring
smoke detectors in each new residential apartment unit.
Recommendation - That the resolution be re-worded to require the installation
of smoke detectors in all new residential apartment units, and that the
suggestion be forwarded to the City of Brampton indicating that the City ~
would endorse the revised resolution.
ORDERED on the motion of Alderman Crowe, seconded by Alderman Dilts, that' the
recommendation be adopted. Carried Unanimously.
No. 426 - City Manager - Re: Building Permits. The report provides a breakdown
of the permits issued by the Building & Development Department for the month of
July, 1978 as compared to 1977.
ORDERED on the motion of Alderman Crowe, seconded by Alderman Dilts, that the
report be received and filed. The motion Carried Unanimously.
No. 427 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman Sobel, seconded by Alderman Crowe, that the
report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 66 - SEE PAGE 2
No. 67 - SEE PAGE 2
No. 68 - CROWE - FERA - RESOLVED THAT WHEREAS the demand made to the Building
and Development Department of the City of Niagara Falls for the provision of
letters confirming compliance to zoning regulations and building regulations
has resulted in increased staff time;
AND WHEREAS the present charge being made for this service is inadequate;
NOW THEREFORE BE IT RESOLVED that the Building and Development Department of the
City of Niagara Palls be authorized to charge a fee of Thirty Dollars ($30.00)
:top providing written confirmation as to the zoning of properties and any work
orders that may be outstanding against the premises at the time of land
transactions and/or the obtaining of mortgages; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously
No. 69 - MANN - STEWART - RESOLVED THAT WHEREAS the Ministry of Transportation
and Communications has requested the City of Niagara Falls to assume ownership
and responsibility for certain roads constructed hy the Ministry of Transportation
and Connnunications in conjunction with construction along the Q.E.W, south of
the Welland River;
AND WHEREAS the City deems it advisable to assume the subject roadways;
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City
of Niagara Palls confirms its approval of the assumption of:
1) The north and south ramps of Beck Road to limits of assumption
and C.A.H. designation;
· .. The Service Road #3 south side of the Q.E.W. between Marshall Road
and Beck Road;
2) A triangle portion south of the Q.EW at Ring Road;
, 3) The Service Road #4 south of the Q.E.W. between Bosserr Road and Oft Road;
4) The east and ~est ramps of Baker Road to limits of assumption
and C~A.H. designation;
- 14 -
- 15 -
AND BE IT FURTHER RESOLVED that the Ministry of Transportation & Communicatie~
be notified of Council's action in this respect; AND the Seal of the Corporat!,
be hereto affixed.
Carried Unanimousl-
No. 78-159 - A By-law to amend By-law No. 77-21 providing for appointments to
certain Boards, Commissions and Committees.
No. 78-160 - A By-law to provide monies for general purposes.
No. 70 - FERA - THOMSON - RESOLVED that the unit prices submitted by Steed and
Evans Limited for the construction of finished roads in Dorchester South
Subdivision, be accepted at the tendered price of $39,757.50; AND the Seal of
the Corporation be hereto affixed.
Carried Unanimousl~
BY-LAWS
Carried with Alderman
Crows abstaining on a
conflict of interest on
By-law 78-154, and all
others voting in favour.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Thomson, that
leave be granted to introduce the following by-laws, and the by-laws be given~
first reading:
No. 78-152 - A By-law .respecting smoking. (ONE READING ONLY)
No. 78-153 - A By-la~ to allow the maintaining and using of a building.which
encroaches on Buchanan Avenue.
No. 78-154 - A By-law to designate certain land not to be subject to part lot
control.
No. 78-155 - A By-law to amend By-law No. 76-60 respecting buildings and
building permits.
It was moved by Alderman Crows, seconded by Alderman Sobel, that the meeting
adjourn. Carried Unanimously.
AND ADOPTED,
C~L~'~ i - ~YOR
No. 78-156 - A By-law respecting the widening and reconstruction of BuchananA~
from Ferry Street to Spring Street.
No. 78-157 - A By-law to authorize the execution of an agreement with Steed
Evans Limited for the construction of roads.
No, 78-158 -
A By-law to provide for the levy of rates to pay the principal anf
interest on a debenture of the Regional Municipality of NiagaraiI
the principal amount of $237,363.58_issued for the purposes of the
Corporation of the City of Niagara Falls.
No. 78-159 - A By-law to amend By-law No. 77-21 providing for appointments to
certain Boards, Commissions and Committees.
No. 78-160 -
A By-law to provide monies for general purposes.
Carried with Aide
Crowe abstaining ~
Aldermen Dilts ~d~
Stewart voting con
on By-law 78-152,
o
ORDERED on the motion of Alderman Fern, seconded by Alderman Stewart, that the
following by-laws be now read a second and third time:
No. 78-153 - A By-law to allow the maintaining and using of a building which
encroaches on Buchanan Avenue.
No. 78-154 - A By-law to designate certain land not to be subject to part 10t
control.
No. 78-155 - A By-law to amend By-law No. 76-60 respecting buildings and
building pemits.
No. 78-156 - A By-law respecting the widening and reconstruction of Buchanan
Avenue from Ferry Street to Spring Street.
No. 78-157 - A By-law to authorize the execution of an agreement with Steed
Evans Limited for the construction of roads.
No. 78-158-
A By-law to provide for the levy of rates to pay the principal
interest on a debenture of the ~egional Municipality of Niagara
the principal amount of $237,363,58 issued for the purposes of
Corporation of the City of Niagara Falls.
m
TWENTY-FIRST MEETING
Conmittee Room #1
August 23, 1978
COMMITTEE OF THE WHOLE
Council met in Connnittee of the Whole on Wednesday, August 23, 1978 at
7:00 p.m. All members of Council were present with the exception of Aldermen
Orr and 8chisler. Alderman Cheesman presided as Chairman.
Following consideration of the items presented,
Whole arose without reporting. ~&A · A.
*- d
the Committee of the
MAYOR
Council Chambers
August 23, 1978
Council met on Wednesday, August 23, 1978 at 7:45 p.m. All members of
Council were present with the exception of Alderman Schisler. 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 Fera,
that the minutes of the meeting held on August 8, 1978, be adopted as printed.
Carried Unanimously.
DEPUTATIONS
MR. P.C. TAYLOR - SUNNYSIDE SUBDIVISION
Mr. P.C. Taylor, solicitor for the developer of the proposed Sunnyside
Subdivision, was granted permission to address Council on the motion of
Alderman Thomson, seconded by Alderman Fera. Mr. Taylor advised that his
client had purchased the subdivision lands two years ago, and since that time,
the subdivision has been approved by. Council. All conditions imposed, except
those required after the subdivision agreement has been entered into between
the City and the developer, have been met with the exception of the implementation
of the Shriner's Creek proposal. Discussion has taken place with various City
departments regarding drainage of the subdivision. Mr. Taylor suggested that
~his client would enter into two agreements, one dealing with sixteen lots that
could be developed separately, and the second following implementation of the
Shriner's Creek proposal. It was felt the effect of the sixteen lots on the
total contribution of storm water and run-off would be very negligible.
Mr. Taylor stated it was his understanding it will take approximately two years
before the proposal is finally completed, and that the City was experiencing
problems in the necessary land acquisition. Mr. Taylor further advised that
his client did not wish to wait two more years when he presently has a buyer
for the sixteen lots. If Council were concerned that granting an exemption
from the 8hriner's Creek condition would create a precedent, Mr. Taylor suggested
that Council deal with similar requests on their individual merit. Mr. Taylor
further suggested that the mere fact the Municipality was purchasing lands could
be considered as implementation of the project, and the condition could then
be v~ewed as being met. Mr. Taylor requested the concurrence of City Council
in granting his request.
Alderman Mann stated that he was not in favour of any agreement until such
time as the $hrtnerts Creek project has been implemented. The Alderman pointed
out that the City had told the people in the area that development would not
take place untll the project was complete, and Council should adhere to that
position. It was further pointed out that while the sixteen lots might not
create a problem, in some areas, it only takes one or two lots to create a
drainage problem.
-2-
Alderman Thomson stated that another request would be made shortly
similar to that of Sunnyside Subdivision, and pointed out that when Council
treats one person one way, another person cannot be treated differently. Wi~
respect to granting of the exemption, the Alderman felt Council sheuld know
the legal ramifications involved. If Council grants one exemption, would the
City be opening itself for legal action by other developers. Alderman Thomson
felt the matter should be referred to staff to determine whether there would
be a drainage problem on the lower lands and any other areas of concern,
particularly the legal aspect.
Alderman Cheesman pointed out that Council is involved in granting exempt!
very often, and referred to exemptions granted for Bambi Estates Subdivision
the DeGiorgio motel rezoning. The Alderman did agree that Council should not
make any decision until further information was supplied from staff.
Alderman Fera suggested that the matter be referred to the Planning and
Development Committee for consideration, and the Committee could then make a
recommendation to Council. Alderman Thomson pointed out that the questions to
be answered were more of an engineering and legal nature, and stated that this
information would be provided by staff.
Following further comment, it was moved hy Alderman Thomson, seconded by
Alderman Jaluvka, that the matter be referred to staff for the preparation of
a report on the servicing and legal aspects of the request. The motion Carrisi
with Alderman Fera voting contrary, and all others voting in fayour.
MR. D. DEMPSTER - ORE FOOT RESERVE ON PETTIT AVENUE
Report No. 428 - City Manager - The report provides information on the one
foot reserve established between the Brady property and Pettit Avenue, and a
history of the attempts by Mr. and Mrs. Brady to have the reserve lifted.
Mr. D. Dompster, solicitor for Mr. and Mrs. Brady, was granted permission
to address Council on the motion of Alderman Thomson, seconded by Alderman
Stewart. Mr. Dampstar stated that he agreed with the purpose of the one foot
reserve as outlined in the report, to prohibit illegal connection to services,
premature development and unauthorized access. -lt~. Dampstar maintained that
the Brady application would not contravene any of the purposes for which the
one foot reserve was originally established. It was not their intention to
use any services in the subdivision, but merely to gain access to the rear of
their property. Mr. Dompster pointed out that there are many residents in the
community with two accesses to their property. It was felt that consideration
should be given to the fact the Brady property was an irregularly shaped lot
and was landlocked at the rear. Mr. Dampstar advised that Mr. and Mrs. Brady
have recreational vehicles they would like to locate at the rear of their
property, but stated that the issue was not the use to be made of the propert)'
but whether or uot the reserve had met its original purpose. Mr. Dampstar
stated that every reserve in the area was ultimately lifted and the enly
remaining reserve is on the Brady property. In response to a question raised
by Alderman Dilts, Mr. Dampstar advised that Mr. Brady sold a portion of the
L-shaped piece of land to the developer of the adjacent subdivision. A house
presently exists on one portion, and the other portion formed a pa~t of Petti~
Avenue. At the time of sale, an agreement was made between the developer a~
Mr. and Mrs. Brady providing that access would be allowed to the rear of the
Brady property. When the subdivision was developed, the one foot reserve was
placed on the property, and since that time all reserves except the-reserve
on the Brady property have been lifted,
Alderman Crows pointed out that the one foot reserve in question was not
to be considered as a road end but a specific reserve. .The Alderman asked
protection ~ould there be for the abutting land owners who purchased their
properties on the reliance of the reserve, if Council were to go back and
the reserve at this time. Mr. Dampstar stated that if there is a use made of
a piece of property which contravenes any law, by-law or statute and
affects au adjacent land owner, the law would be enforced agaiust the person
contravening. Mr. Dempster further stated that the request was bein~ made f01
access purposes only,
Following further c~..*-ent, it yes moved by Alderman Dilts, seconded by
AIdairman Thomson, that the report and request be received and filed, The mot:
Carried tmanimously.
~3-
UNFINISHED BUSINESS
LETTER FROM MR. G. AULD - MONTROSE ROAD
Report No. 429 - City Manager - The report comments on the complaints raised
by Mr. G. Auld of 7818 Montrose Road regarding the provision of a sanitary sewer
and traffic matters. It is recommended that the interested residents may
petition the construction of a sanitary sewer under the Local Improvement Act,
and that the residents supply the City with more information on the use of the
roadway by large tankers and trucks.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted and a copy forwarded to Mr. George Auld.
Carried Unanimously.
PROPOSED REGIONAL HF~DQUARTERS
Alderman Crowe stated that it has come to the City's attention that one
of the concerns of the Region in choosing a site for the new Regional headquarters,
has been financial austerity programs and the crimping of capital funding. One
alternative to a capital expenditure required for constructing a new building,
would be a lease/lease back arrangement. Such an arrangement has been proposed
by River Realty in conjunction with the Brighis' lands which could be presented
to the Region for consideration. The proposal as indicated would make availabl~
to the Region, leased premises on the site and would alleviate the necessity Of
a capital expenditure by the Region ~t this time.
Mr. John Broderick was granted permission to address Council on the motion
of Alderman Cheesman, seconded by Alderman Thomson. Mr. Broderick stated that
on May 15, 1978, City Council approved an agreement between Brighis and the
City whereby Brighis would make available to the Region, a site completely free
of charge of twenty-seven acres and the City would service the site. The
proposal yes approved and submitted to the Region. Because of the possibility
of capital costs being beyond the Region's present capability, there has been
some delay in making a decision on the Niagara Falls site. Regional staff were
asked to prepare a comprehensive report including all costs involved in the
various alternatives open to the Region, one of which would be the possibility
of rental. River Realty, which has been involved in the negotiations for some
time, is proposing the construction on the site of a building on a permanent
basis which would house all of the requirements of the Region under one roof.
The building would be architecturally designed and could be used for other
purposes at a later date, for example a service centre if the Region choeses
'to have another building constructed and locate a service centre on the site.
The design of the building has'the flexibility to act as the Regional headquarters,
or as a service centre building. Mr. Broderick stated that when the proposal
was made to the Region, he would like to have the blessing of City Council, so
that the proposal would be made on behalf of the City.'
Alderman Sobol stated that the proposal made by Brights and River Realty
was a very good offer, but her main concern in the matter was the direction of
planning in the future in the northwest part of the City. For that reason,
..Alderman Sobol indicated that she could not support the proposal.
Alderman Fera indicated that he would support the proposal, but commented
that he found it strange that Brighis had decided after six months that they
were not involved in the development business.
RESOLUTION
No. 71 - CROWE - JALUVKA - RESOLVED THAT WHEREAS the City of Niagara Falls has
offered to the Regional Municipality of Niagara a serviced 27-acre site of land
at the intersection of Mountain Road and the Queen Elizabeth Highway suitable
for the new Regional Headquarters complex; and
WHEREAS it now appears that the lack of capital funds required to construct
either a temporary or permanent building may be hampering the selection of a
site by the Region;
AND WHEREAS River Realty Development (1976) Inc. proposes to make available
to the Region on a rental basis a building capable of housing its total
administration;
THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls approves
the concept in principle and requests River Realty Development (1976) Inc. to
prepare and deliver a formal presentation to the Regional Council outlining its
proposal; AND the Seal of the Corporation be hereto affixed, The resolution
garried with Alderman Sobol voting contrary, and all others voting in favour.
-4-
COMMUNICATIONS
No. 128 - Mrs. Elizabeth McDonald - Re: Todd, Willoughby Drive. The commun-
ication advises that the owner of the property at 9874 Willoughby Drive is
carrying on a car wrecking business contrary to the zoning by-law, and request~
that the City take the necessary action.
AND
Report No. 430 - City Manager - The report provides information on the matter
and advises that an application had been made to fezone the property on July
1978, to be heard by the Planning & Development Committee on September 6, 197~
Alderman Thomson advised that he had become involved in the matter recent~
however the situation had been going on since 1974. The Alderman referred to
two similar situations that had come to the attention of Council recently whe~!
zoning by-laws had been contravened, and questioned the use of by-laws that
were not enforced. With respect to the statement in the report that the height
would not testify in any court proceedings that the City might initiate, Alden
Thomson felt it was the City's responsibility to provide any evidence require~
The Alderman felt the City should take legal action as quickly as possible and
not wait for a person to fezone their property after four years.
Mr. A. Henderson, solicitor for Mr. Todd, was granted permission to addre~
Council on the motion of Alderman Cheesman, seconded by Alderman Sobel.
Mr. Henderson stated that he agreed with the comments regarding enforcement 0i
by-laws, but pointed out that Mr. Todd had made application to fezone his
property on July 13th, 1978. Mr. Henderson felt it would seem only reasonable
to allow the application to proceed, since Mr. Todd did take the legal process
of applying for a rezoning.
Alderman Crowe stated that if the City were to get into the situation
of taking legal action against every contravention of a by-law, whether the
contravention had occurred inadvertently or not, it might be found that the
courts would be very leery. to adjudicate on such matters. The Alderman felt
the City would be flooded with complaints by people who refuse to furnish
evideace, but expect the City to take action. Alderman Crows stated that in
a situation where a person has taken steps to resolve a problem, they should
be allowed to go through the procedure, particu]~xly when a hearing is so
close at hand. Alderman Chessman suggested that it be made a matter of pcliq
that those responsible for scheduling hearings not accept applications for
rezonings where the existing zoning is being misused. The Alderman pointed
out that when in a situation where the existing use is illegal, the entire
matter is complicated.
Alderman Thomson stated that at a recent meeting, he had taken the
position that Council should obtain further infor~tion before taking any
legal action on zoning by-law contraventions, ~owever the majority of Council
had insisted that legal action be taken immediately. In this particular case,
the contravention had been going on for four years and still exists. If the
matter is allowed to go through the zoning amendment procedure, the business
could continue to operate for another six or eight months until a final
decision is made, The Alderman felt action should be taken immediately to
have the business cease operations until a decision is made on the rezoning
application.
Alderman Crows pointed out that once a prosecution is commenced, it
can be tied up for years. With respect to the suggestion made by Alderman
Cheesman, Alderman Crows stated that the City has no authority to refuse a
rezoning application on the basis the present usage doesn't comply with the
existing zoning. Alderman Stewart stated that there was very little control
over the zoning in Willoughby previously, and even though the by-laws exist,
little attention is paid to this fact. The Alderman felt that there are
many contraventions of by-laws in the City, and that.Mr. Todd should not be
singled out as an example.
Following further comment, it was moved by Alderman Thomson, seconded
by AldennanMacBain, that staff be authorized to obtain the necessary informs~
required to take legal action against Mr. Todd for contravention of the
by-law.
It was then moved by Alderman Crowe, seconded by Alderman Orr, that the
matter be tabled until the Council meeting following the Planning &
Committee hearing of the rezoning application. The motion to table, which
precedance~ Carried with the following vote:
.AVE: Aldermen Cheesman, Crowe, Dtlts, Fera, Mann, Orr, Sobol and Stewart.
.NAY~z Aldermen Jaluvka, MacBain and Thomson.
-5-
No. 129 - Chamber of Commerce - Re: Transient Trader's Licences. The
communication requests that Council increase the Transient Trader Licence
fee from $250 to $500 for the first calendar year, and that the City continue
to credit any over payment of tax for the first year to subsequent years but
that any over payment for the first calendar year not be refundable.
Mr. K. Milne of the Chamber of Commerce was granted permission to address
Council on the motion of Alderman Sobel, seconded by Alderman Jaluvka.
Mr. Milne requested that rather than referring the matter to staff for a
report, that it be referred to staff for preparation of an appropriate by-law
amendment so that the by-law can be introduced early enough so that those
transient traders who operate in the City during the Christmas season will
be affected. Mr. Milne felt the increased fee would discourage the temporary
merchants who come to the City during the summer or pre-Christmas season and
then leave without providing further service to customers or huncuring returned
or defective goods.
In response to a question raised by Alderman Mann, the City Manager stated
that the matter should be referred to staff for study. If City staff are prepared
to :recommend that the Chamber's suggestion be adopted, an appropriate amending
by-law can be submitted at that time.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobel, that the
matter be referred to staff. The motion Carried Unanimously.
No. 130 - Residents of Lundy's Lane Area - Re: Reduction of Speed Limit. The ~
communication requests that Council assist in having the speed limit along
Lundy's Lane between Niagara Falls and Black Horse Comers in Thorold, reduced
from 80 k.p.h. to 50 kop.h.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the
matter be referred to the Regional Municipality of Niagara as the road authority
having Jurisdiction. Carried Unanimously.
No. 131 - Mr. D.C. Lundy - Re: AM-27/78, E. & G. Rtttman. The communication
expresses concern over certain risks that would arise from the proposed parking
lot behind the subject commercial property, and requests that sidewalks be
ploughed on Mouland Avenue on a regular basis and the erection of no parking
signs on the east side of Mouland Avenue but only one sign on each side of the
beauty shop driveway.
ORDERED on the motion of Alderman Sobel, seconded by Alderman Fera, that the
communication be referred to staff for the preparation of a report. Carried
Unanimously.
No. 132 - Niagara District Homes Committee for the Physically Disabled In~.
- Re: Residential Accommodation for the Physically Handicapped. The communication
requests that discussions be held between the organization and a committee of
Council and staff, on the possibility of using surplus municipal lands for a
proposed residence for severely physically handicapped adults.
Alderman Cheesman advised that he was a member of the Niagara District
Homes Committee for the Physically Handicapped, and that similar letters had
been sent to all municipalities within the Region, including the Region itself.
The Alderman made reference to a communication appearing later on the agende
~dealing with surplus lands owned by the Board of Education, and suggested that
this could be one area to be explored by the Committee. Alderman Cheesmmn
offered to serve on a committee of Council to work with the Niagara District
Homes Committee for the Physically Disabled.
The Director of Municipal Works advised that the M.T.C. owned a piece of
surplus land in the Royal Manor Drive area that could also be considered by the
Con~ittee.
His Worship, Mayor Bukator appointed Aldermen Cheesman, Crows and Sobel
to serve on a special committee to work with the Niagara District Homes Committee
for the Physically Disabled.
ORDERED on the motion of Alderman Cheesmsn, seconded by Alderman Thomson, that
the special committee be authorized to meet with the Niagara District Homes
Committee for the Physically Disabled on the location of a possible site for
a residence. Carried Unanimously.
No. 133 - Niagara South Board of Education - Re: Surplus Lands. The communication
advises of various properties surplus to the needs of the Niagara South Board
of Education and requests that ~he Nunicipality advise if interested in acquiring
any of these properties.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fete, that the
-6-
communication be referred to staff and the special committee established to
work with the Niagara District Homes Committee for the Physically Disabled.
Carried Unanimously.
No. 134 - Taxpayers Against Restricted Parking - Re: Proposed By-laws Restric~
Parking. The communication encloses a list of approximately seven hundred
taxpayers who are opposed to all of the proposed by-laws restricting parking.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the
connunication be referred to the special committee established to study this
matter. Carried Unanimously.
No. 135 - Main and Ferry Business Association - Re: Directional Signing. The
communications requests the erection of signs advertising the Main and Ferry
Business District at various locations throughout the City.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that tL
communication be referred to staff for the preparation of a report. Carried
Unanimously.
REPORTS
No. 431 - Planning & Development Committee - Re: A}I-28/78 and Official Plan
Amendment No. 101, W. Fatter, Northwest Corner of Thorold Stone Road and
St. James Avenue. The report recommends approval of the application and
implementation of Official Plan Amendment No. 101 by by-law.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the report be received and adopted. The motion Carried with Alderman Dilts
voting contrary, and all others voting in favour.
See Resolution ~.
and By-law No.
No. 432 - City Manager - Re: Buckley Avenue Phase 2 Project. The report requi
authorization of Council for further staff work on the preparation of a prop0s
call in conjunction with Ministry of Housing staff.
Alderman Crows felt that the matter should have been considered in Commit
of the Whole since the report dealt with land Cp.%ts and disposition of, propen
Alderman Thomson pointed out that the portion of the report dealing with the
calling of a proposal for the second phase of the project could be adopted,
the matter of land costs could be considered in Committee of the Whole.
ORDEI~ED on the motion of Alderman Thomson, seconded by Alderman Fete, thati
staff be authorized to work on the preparation of a proposal call in conjuncti
with the M~nistry of Mousing for the second phase of the Buckley Avenue projet
No, 433 - City Manager - Re: Official Plan Amendment #94, Thor-West (Niagara)
Ltd., Northwest Qundreat of Thorold Stone Road and Montrose Road, The report
that Council repeal By-law 78-119 which adopted Official Plan Amendment No, 94
and that the applicant and all agencies who have been involved in processing
Amendment ~94 be sent a copy of the report with a request to discontinue
processing of the amendment.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Sobol, that
the report be received and adopted. Carried Unanimously.
See By-law No.
No. 434 - City Manager - Re; Frontenac Woods Extension Subdivision. The
recommends the preparation of a by-law to amend the existing time req
in the subject subdivision agreement to permit an extension of the deadline
completion of the works required by the agreement to December 15, 1979.
ORDERED on the motion of Alderman~acBain, seconded by Alderman Themson, th~
the report be received and adopted. Carried Unanimously.
No. 4~5 - CityManager - Re: Lapse of Draft Plan Approval, Valley View
The report recommends that Council agree to a three month extension of the
approval for the Valley View Subdivision to November 20, 1978, and that the
Ministry of Mousing be notified accordingly.
OP, DEBED on the motion of Alderman MacBain, seconded by Alderman Thomson, that
the report be received and adopted. Carried Unanimously,
No. ~36 - CityManager - Re: Lapse of Draft Plan Approval, King~s View
· he report recommends that Council agree to a three month extension of the
-7-
approval for the King's View Subdivision to November 16, 1978 and that the
Ministry of Mousing be notified accordingly.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Thomson, that
the report be received and adopted. Carried Unanimously.
No. 437 - City Manager - Re: Site Plan Approval, Proposed Residence for the
Mentally Retarded, Beaverdams Road, AM-32/77. The report recommends approval
of the subject site plan as submitted.
ORDERED on the motion of Alderman Fera, seconded by Alderman Mann, that the
report be received and adopted. The motion Carried with Alderman Crowe abstaining
on a conflict of interest, and all others voting in favour.
No. 438 - City Manager - Re: Proposed Service Complex - Marine Wonderland and
Animal Park Limited, Lots 43, 42, 8, 55 and 56, Plan 243. The report recommends
passage of a by-law authorizing the sale of lands in the Falls Industrial Park
to Marine Wonderland and Animal Park Limited which would provide in addition
to those items approved under Report #385 (July 24, 1978), (a) the sale of Lots
8, 55 and 56 to Marineland subject to certain departures from the terms contained
in the City's standard form of agreement of purchase and sale of lots in the
Industrial Park; and (h) the extension for a period of five years of the time
for the commencement of the construction of a building on Lot 42.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the
report be received and adopted. Carried Unanimously.
See By-law No. 78-1~0
No. 439 - City Manager - Re: Development Plan Approval, Proposed Parking ~ot at
Canadian Imperial Bank of Commerce, Lhndy's Lane and Dorchester Road, AM-39/76.
The report recommends approval of the subject development plan as submitted.
The City Clerk advised that officials of the Bank had requested that the
report be deferred for two weeks.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Thomson, that
the report be deferred for two weeks. Carried Unanimously.
No. 440 - City Clerk - Re: AM-34/77, Armando Leo, Proposed Addition to Niagara
Motel, South Side of Ferry Street - Objections to Zoning Amendment By-law 78-145.
The report advises that three letters of objection have been received as a
result of circulation of the zoning amendment by-law.
AND
Communication No. 136 - Mr. D.F. Marinelli - Re: Armando Leo Rezoning Application,
AM-34/77, Part Lot 4 and Lots 11, 12, 13, Plan 653, Niagara Falls. The
communication asks that consideration of the matter be deferred for two weeks
in order to provide an opportunity to meet with the objectors in the hope of
resolving the objections submitted.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesmsn, that
the matter be deferred for two weeks. Carried Unanimously.
No. 441 - City Manager - Re: Transfer of Roads at Q.E.W./Sodom Road Interchange.
The report recommends that the City assume Jurisdiction of the roadways designated
as Service Road #5 and Service Road #6 at the Q.E.W./Sodom Road Interchange, and
that Council authorize staff to initiate the necessary changes in existing traffic
by-laws for the consideration of Council at a subsequent meeting.
~'0RDERED on the motion of Alderman Themson, seconded by Alderman Stewart, that
the report he received and adopted. Carried Unanimously.
'See Resolution No. 73
No. 442 - ~ity Manager - Re: R.C. 10-78, Finished Road Construction in Westlane
Village Subdivision, Westwood Village Subdivision and Westwood Village Ext. 1
Subdivision. The report recommends that the unit prices submitted by Demote
Brothers Limited for the subject contract be accepted by Council subject to the
necessary funds being received from the subdivider.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 74
See By-law No. 78-166
No. 443 - City Manager - Re: C.C. 11/78, Sewermains, Watermains and Base Roads in
the Falls Industrial Park Extension Subdivision, Phase I. The report recommends
acceptance of the unit prices submitted by M.J. Voth & Sons Limited for the
subject contract.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewarts that
the report be received and adopted. Carried Unanimously.
See Resolution No. 75
See By-lawNo. 78-164
-8-
NO. 444 - City Manager - Re: Falls Industrial Park Extension - Plan M-67.
The report recommends that Council approve the price of $15,500 per acre for
lots to be sold in Registered Plan M-67 as well as the remaining uncommitted
lots in the original Industrial Park totalling approximately 20 acres. It
is further recommended that the revised price of the lots be made effective
on September 1, 1978.
Alderman Mann advised that he had been contacted by Mr. John gamphius,
owner of Industrial Gauge & Instrument Ltd. in the Falls Industrial Park
regarding phasing of services for the Falls Industrial Park Extension. The
Alderman advised that Mr. Kumphius intended to purchase Lots 23 and 24 and
construct an additional 14,000 sq. ft. building which would provide an additi~
fifteen jobs. Mr. Kamphius had asked if the phase one servicing could include
Murie Street to enable him to purchase Lots 23 and 24 for the purpose of
constructing another building. Alderman Mann suggested that the report be
deferred for several weeks in order to allow Mr. Kamphius an opportunity to
discuss the matter with City staff. The City Manager advised that considerab!!
work has taken place in determining the phasing of services for the Falls
Industrial Park Extension, in order to supply the type of lots needed tmmedia~
Officials of the City and the B.I.G. Agency had recommended that phase one
servicing include seven smaller lots ironring on Kister Road, as well as seve~-~
larger lots on Progress Street. The phase one servicing and the tender call
for construction were approved by Council. An additiouaI $171,000 would be
required to extend the services as far as Lots 23 and 24, and the City does
have approval for that expenditure. The City Manager did however indicate th~:~
he would contact Mr. Kamphins in an effort to work out some type of solution Wl
the problem.
ORDERED on the motion of Aldernun Crowe, seconded by Alderman Thomson, that~
report be received and adopted. Carried Unanimously.
No. 445 - City Manager - Re: Association of Municipal Tax Collectors of Ontar'~
The report recommends that the Tax Supervisor be authorized to attend the subi
conference to be held in Kitchener, Ontario from September 10 - 13, 1978.
No. 446 - Loan Review Committee - Re: Applicati_pj;s for Assistance. The rep0rl
recommends approval of nine applications for assistance received under the
Ontario Home Renewal Program.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, tha~
the report be received and adopted. Carried Unanimously.
No. 447 - City Manager - Re: Municipal Accounts. The report recommends paym~:
of the municipal accounts.
The City Treasurer provided information op Cheque #8846 in response to
question raised by Alderman Mann.
ORDERED on the motion of Alderman Mann, seconded by Alderman Cheesman, that
report be received and adopted. Carried Unanimously.
No. 448 - City Manager - Re: Amendment to By-law No. 76-120 Respecting the
Construction of Certain Works in the Drummond South Redevelopment Area of the
City. The report advises sufficient monies will be available to complete
further road reconstruction and storm sewer installation on Arad and Skinner
Streets from Drtmmond Road to Brant Avenue. The report recommends passage of
a by-law to amend By-law 76-120 and submission of an application to-the Ontari
Municipal Board for a revised Order incorporating the change.
ORDERED on the motion of Alderman Crows, seconded by Alderman MacBain, tha~t
report be received and adopted. Carried Unanimously.
See By-law No. ·
No. 449 - City Manager - Re: Agreement between the City and Reg quinn Limit
Use of the Niagara Falls Memorial A~ena .by the Niagara Falls Flyers Hockey Ch
The report advises of the changes incorporated into the new agreement between
City and Rag quinn Limited, and recommends passage of the by-law authorizing
agreement with Rag quinn Limited for use of the Niagara Falls Memorial ~xena
the Niagara Falls Flyers Hockey Club.
Alderu~inMacBain advised that the report does not indicate whether or n0
the City Solicitor had reviewed the proposed agreement. The Alderman felt the
the terms of the agreement should be approved by the City Solicitor and this
ackuo~ledgement should be placed in all reports recommending approval of
agreements. Alderman Macgain also tomsated that the agreement was annually
renewable, and .stated that he would not want the agreement to be renewed at
-9-
the other party's desire at the end of each year, otherwise it would be a
perpetual agreement. Alderman Crowe indicated that he would like to see the
previous agreement so that he could compare the changes being recommended in
the proposed agreement.
ORDERED on the motion of Alderman Crown, seconded by Alderman Mann, that the
report be tabled pending additional information. Carried Unanimously.
RESOLUTIONS
No. 71 - SEE PAGE 3
No. 72 - THOMSON - FERA - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 78-162 for the rezoning
of Part Lot 49, Plan 876 on the northwest corner of Thorold Stone Road and
St. James Avenue, will conform to Official Plan Amendment No. 28 of the Niagara
Falls Planning A~ea, once Amendment No. 101 is approved by the Minister of
Housing; AND the Seal of the Corporation be hereto affixed.
Carried with Alderman
Dilts voting contrary
and all others voting
in fayour,
No. 73 - THOMSON - STEWART - RESOLVED THAT WHEREAS the Ministry of TransportatiQn
and Communications has requested the City of Niagara Falls to assume ownership
and responsibility for certain roads constructed by the Ministry of TranSportation
and Communications in conjunction with construction of the Q.E.W./Sodom Road
Interchange;
AND WHEREAS the City deems it advisable to assume the subject roadways;
NOW THEREFORE BE IT lIESOLVED that the Council of the Corporation of the City of
Niagara Falls confirms its approval of the assumption of:
1) Service Road 5 from its intersection with the west limits of
Sodom Road south of the Q.E.W. westerly for 2,850 feet ± tying
into the existing City road allowance;
2} Service Road 6 from its intersection with the east limits of
Sodom Road north of the Q.E.W. easterly for 2,280 feet ! tying
into the existing City road allowance;
AND BE IT FURTHER RESOLVED that the Ministry of Transportation and Communications
be notified of Councills action in this respect; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously
No. 74 - THOMSON - STEWART - RESOLVED that the unit prices submitted by Damore
Brothers Limited for finished road construction in Westlane Village Subdivision,
Westwood Village Subdivision and Westwood Village Extension I Subdivision, be
accepted at the tendered amount of $234,825.30; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously
~No. 75 - THOMSON - STEWART - RESOLVED that the unit prices submitted by H.J.
Voth & Sons Limited for the construction of sewermains, watermains and base
roads in the Fails Industrial Park Extension, be accepted at the tendered amount
of $316,297.60; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 76 - MANN - STEWART - RESOLVED that the next regular meeting of City Council
be held on Tuesday, September 5, 1978 at 7|30 p.m.; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Aldernun 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. 78-161 - A By-law to provide for the adoption of an amendment to the Official
Plan of the Niagara Falls Planning Area. (No. 101, W. Farrat)
No. 78-162 - 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-28/78t
W. Fatter)
..... 10
- 10 -
No. 78-163 -
A By-law to repeal By-law No. 78-119 adopting Amendment No. 94 tc
the Official Plan of the Niagara Falls Planning Area. (Thor-West
(Niagara) Ltd.)
No. 78-164 -
No. 78-165 -
No. 78-166 -
No. 78-167 -
No. 78-168 -
A By-law to authorize the construction of certain works on Progre!:~
Street in the Falls Industrial Park Extension Plan of Subdivision
authorize the execution of an agreement with M.J. Voth & Sons
A By-law to authorize the execution of an amending agreement with
Group 2 Development Limited (Frontenac Woods Extension Subdivisie:
A By-law to authorize the execution of an agreement with Damore
Limited for the construction of roads.
A By-law to amend By-law No. 76-120 to authorize the construction
certain work8 in the Dr,~mond South Redevelopment Area of the
TABLED
No. 78-169 - A By-law to provide monies for general purposes.
No. 78-170 - A By-law to authorize the sale of land in the Falls Industrial ~
(Marine Wonderland & Animal Park Ltd.)
Carried with Alde~
Dilts voting contr
on By-laws 78-16t
78-162, and all
voting in favour.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that ~
following by-laws be now read a second and third time:
No. 78-161 - A By-law to provide for the adoption of an amendment to the
Plan of the Niagara Falls Planning Area. (No. 101, W. Farrat)
No, 78-162 - A By-law to amend By-law No. 2530, 1960 of the former Township cf
Stamford, now in the City of Niagara Falls, as amended.
W. Farrat)
No. 78-163 -
A By-law to repeal By-law No. 78-119 adopting Amendment No. 94
Official Plan of the Niagara Falls Planning Area. (Thor-West
Ltd.)
No. 78-164 -
A By-law to authorize the construution of certain works on Progn
Street in the Falls Industrial Park Extension Plan of Subdivisiol
and the payment therefor out of monies received from the sale of
in the Palls Industrial Park Plan of Subdivision, and also to
authorize the execution of an agreement with H.J. Voth & Sons
No. 78-165 - A By-law to authorize the execution of an amending agreement witt
Group 2Development Limited (Frontsnat Woods Extension S
No. 78-166 - A By-law to authorize the execution of an agreement with Damorei
Limited for the construction of roads.
~o. 78-167 - A By-law to s~end By-lawNo. 76-120 to authorize the construction
certain works in the Drummond South Redevelopment Area of the
No. 78-168 - TABLED
No. 78-169 - A By-law to provide monies for general purposes.
No. 78-170 -
A By-law to authorize the sale of land in the Falls Industrial
(NarineWonderland &Animal Park Limited)
Carried with
Dilts voting
on By-laws
78-162, and
voting in favo~
- 11 -
NEW BUSINESS
HOUSING IN THE CITY OF NIAGARA FALLS
It was moved by Alderman MacBain, seconded by Alderman Crowe, that Council
request a comprehensive report of the City Manager setting forth, among other
things: a) the number of lots in subdivisions registered after January let, 1970
for which no building permits have been issued; b) the number of additional lots
that would be available if plans already approved by Council were registered;
c) the number of new unsold homes as of September let, 1978; d) the total number
of new homes built in each of the years 1975, 1976 and 1977, and the annual
average over the said three years; e) the legal implications, if any, of a freeze
by Council on new subdivision approvals not as yet applied for; and f) setting
out any recommendations of the City's management that the facts ascertained would
warrant in view of the cost of servicing on an annual basis of sparsely populated
areas, and that our management in preparation of the report, obtain from the
area home builders' association and others, any input that might prove helpful.
Alderman Crowe indicated that he was uot adverse to the material being
assembled, however he cautioned Council when dealing with a moratorium or
freezing on housing which could be the start of infringement on the area of
business.
Following further comment, the motion Carried Unanimously.
MUNICIPAL FINANCING
Alderman MacBain requested that Council consider holding a special meeting
of a different format than the meetings dealing with operating budget levels of
service, but dealing with municipal financing both operating and capital. The
Alderman referred to comments he had made during both the capital and operating
budget disct~sions, regarding municipal financing and his inability to convey
his deep concern over the financial future of the City, at that time. Alderman
MacBain suggested that this had been the thinking prior to Howard Jarvis and
Proposition #13 which no one thought would pass. Proposition #13 has passed and
Alderman MacBain felt municipal financing and services would never be the same.
The Alderman had originally suggested a limitation on expenditure increases,
however the feeling had been that such a limitation would bring municipalities
and boards of education to a stop. A second formula was presented by Alderman
MacBain, which provided that expenditures would coincide with new revenue, and
the Alderman stated that he had been very concerned when Council could not go along
with this formula. Alderman MacBain stated that although he was satisfied with
the manner in which City staff handled the day-to-day operation of the City, he
did not have confidence in staff on the operating and capital budgets and their
outlook on the future of municipal financing. The Alderman advised that he
wanted to have the feeling of other members of Council on municipal financing,
and to have a discussion on the future of the City from a financial standpoint.
Alderman Chessman commented that the matter was of great importance, but
cautioned Council against placing too much emphasis on Howard Jarvis and
Proposition #13.
His Worship, Mayor Bukator suggested that the special meeting be held on
:September 11, 1978.
FLOODING ON LAMENT AVENUE AND BREADNER CRESCENT
Alderman Dilts advised of a serious flooding problem in the Lament Avenue
Breadner Crescent area. The problem had occurred when a new subdivision had
gone in at the rear of the existing homes, and in some areas, the elevation of
.the new lots is 18" higher than the existing lots on Lament and Breadnet. The
Alderman advised that the problem was so serious, that even watering of lawns
resulted in water gathering at the rear of the lots. Alderman Dllts also advised
that there was no consistency in the placement of homes on lots in the new
subdivision. The rear yard setback was supposed to be thirty-five to thirty-
seven feetn however in one instance, the Alderman measured the setback to be only
thirty feet. The Alderman requested that a report be prepared on the problem.
PRESERVATION OF TOP SOIL
Alderman Sobol made reference to recent legislation passed by the Province
'regarding the preservation of top soil in Ontarion and asked if considcration
could be given to the advisability of passing such a by-law in the City. The
Plan~in8 Director advised that this matter was presently under study by staff
and it ~as anticipated that a report would be submitted to Council on the
utter shortly.
- 12 -
N.R.T.A. SURVEY
Alderman Chessman referred to the budget discussions earlier in the year
at which time the N.R.T.A. advised of a survey being carried out on the tourii
trade in the City. At that time, the Association had indicated that the rest!
of the survey would be made public. Recent press coverage of this matter had'
raised a number of questions on the survey, and the Alderman felt that sincat
survey was a public document, its contents should be made public. It was mo~
by Alderman Cheesman, seconded by AldermanMann, that the City's representati~
on the N.R.T.A. be asked to obtain information on the survey for submission tl
City Council. Carried Unanimously.
STOP LIGHTS AT VALLEY WAY AND MORRISON STREET
TWENTY-SECOND MEETING
Committee Room #1
September 5, 1978
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole on Tuesday, September 5, 1978 at
7:O0 p.m. All members of Council were present. Alderman ~nn presided as
Chairman.
Alderman Thomson referred to a recent accident that had occurred at the
intersection of Morrison Street and Valley Way, and advised that it had comet, READ AND ADOPTED,
his attention that the lights at Victoria Avenue and Morrison Street could be
contributing factor in accidents at this intersection. Apparently motorists
travelling down Morrison Street are mistaking the lights at the second interse,~~~
as being the signals for the Valley Way intersection, and proceed through the
intersection which has been the cause of a number of collisions. The Alderm~
requested that the Region be contacted to determine if there could be some
co-ordination of the two lights. The Director of Municipal Works commented
that the lights at the Victoria Avenue/Morrison Street intersection are largeI
than at Valley Way and Morrison, and this could be part of the problem. The
Director of Municipal Works indicated that he would follow up on the matter
the Region.
It was moved by Alderman Crows, seconded by Alderman MacBain, that the
meeting adjourn to Committee of the Whole. Carried Unanimously.
Following consideration of the items presented, the Committee of the
Whole arose without reporting. ~ ~Aa~AA~ ~
MAYOR
REGD.
Council Chambers
September 5, 1978
Council met on Tuesday, September 5, 1978 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 Ditts offered the Opening Prayer.
ADOPTION OF MINUTES
READ AND ADOPTED,
MAYOR
Alderman MacBain requested that the minutes of the meeting held on August
23, 1978, be corrected so that item a} under the first matter of New Business
would read, "a) the number of lots in subdivisions registered after January 1st,
1970, for which no building permits have been issued."
ORDERED on the motion of Alderman MAnn, seconded by Alderman Sobol, that the
minutes of the meeting held on August 23, 1978, be adopted as corrected.
Carried Unanimously.
Committee Room
August 23, 1978
Council met in Committee of the Whole on Wednesday, August 23, 1978,
a regular meeting of Council. All members of Council were present with the
exception of Alderman Schisler. Alderman Chessman presided as Chairman.
Following consideration of the items presented, the Committee of the
arose without reporting. . ~ & · a · ~
READ AND ADOPTED,
COUN'~,
MAY0~
foF
Who
Council Chambers
August 23, 1978
Council reconvened in open session on Wednesday, August 23, 1978,
a meeting in Committee of the Whole. All members of Council were present
the exception of Alderman Schisler.,-sd'A~ghip, Mayor Bukator presided as
The meeting adjourned.
PRESENTATION OF ACHIEVEMENT AWARD
His Worship, Mayor Bukator presented an achievement award to Ryan Connell
who won the Ontario Y.M.C.A. Sport Festival Junior Judo Championship in Hamilton
on May 20, 1978.
DEPUTATION
BUCHANANAVENUE WIDENING
Communication No. 137 - Mrs. T. Aiello - The communication outlines certain
~ObJections to the proposed widening of Buchanan Avenue.
Coumumication No. 138 - Mr. F. Costs - The communication outlines certain
objections to the proposed widening of Buchanan Avenue.
Mr. F. Costs was granted permission to address Council on the motion of
Alderman Thomson, seconded by Alderman Fare. Mr. Costs advised that he had
almost $300,000 invested in his business between property and stock. The property
has no back lot or driveway which necessitates the loading and unloading of stock
from the street entrance. At times it is necessary for delivery vehicles to
double-park on the street, presenting a traffic hazard for on-coming vehicles.
FAr. Costs requested that Council leave one space open for loading and that no
parking signs be placed for that space. In response to a question raised by
Alderman Mann, Mr. Costs advised that the fifth objection referring to a
conflict of interest, had been a misunderstanding and requested that the point
be withdrawn.
The Director of Municipal Works advised that when the project was originally
considered, it was intended to have angle. parking on both sides of Buchanan
Avenue. The scheme was advertised as required under the Municipal Act, and
Mr.'Coats and Mr. Calabrese expressed opposition at that time since Mr. Costa's
buildins encroaches 5' on the east side and Mr. Calabrese's building encroaches
-2-
15s on the west side. This reduced the width of the roadway to less than
70' which resulted in the scheme being altered. The revised scheme provided
for parallel parking on the east side and angle parking on the west side. A
sidewalk would be provided on the east side and a 5' painted walk adjacent to
the parking on the west side. The revised scheme was re-advertised as
required, and no objections were presented. The Director of Municipal Works
stated that Mr. Costa's request would involve two parking spaces for the
loading ramp and Mr. Calabrese's request would involve the lease of three
parking spaces for a driveway. It was further stated that the scheme would
provide only seven additional spaces and the requests would involve five of
those spaces. The Director of Municipal Works suggested that Mr. Costa could
use the parking spaces for loading earlier in the morning or in an emergency
vehicles would have to double park. In response to a question raised, the
Director of Municipal Works advised that the cost for providing the additional
parking spaces was $20,000 or roughly $3,000 per space. Because of the cost
of acquiring land for parking in the area, the expendi~U~ Was considered to
be quite reasonable.
In response to a question raised by Alderman Crowe, Alderman Thomson
advised that this area has been the only one with representation on the Parki%
Committee that has not received any increase in parking for some time. Monies
have been allocated in the capital budget, however the cost of acquiring land
for parking purposes in this area is prohibitive. The City has an opportunity
to take an unmetered area which is not marked and completely unorganized for
parking, and provide twenty spaces with meters to provide revenue that can be
used in the future to acquire lands for additional parking. Alderman Thomson
also pointed out that the scheme had been approved by Council following meeti
with the individuals involved. The Alderman stated that these individuals her~
project to proceed. With respect to the request for a loading zone, Alderman
Thomson stated that if Mr. Costa's request were granted, similar requests
be made by many other businesses in the City that cannot be accommodated.
The Alderman stated that there is no reason why Mr. Costa could not use the
on-street parking for loading and unloading of merchandise, and pointed out
there would only be two months of the year when there would be a problem.
Mr. D. Calabrese stated that following th~'~eetings with the Parking
Connittee, it had been his understanding that there was a six week period for
objections to he submitted. Mr. Calebrose further stated that he had come tc
the City Hall to speak to the Projects & Services Engineer and made his
objection at that time. The Director of Municipal Works advised that a letter
of objection was received on the first advertisement, however no objection was
received following advertisement of the subsequent scheme. It was further
advised that no mention was made of a six week period for objections at any
of the meetings. The Deputy City Solicitor advised that the Municipal Act
requires that the road work must be advertised~once a week.for four consecuti~'i~
weeks.
Following further courtcut, it was moved by Alderman Mann, seconded by
Alderman Dilts, that the requests be received and filed. Carried UnanimousiX.
UNFINISHED BUSINESS
PKOPOSED SMOKING BY-lAW
Report No. 450 - City Manager -The report advises that the proposed
been amended to incorporate the addenda relating to retail food stores
of the Greater Niagara General Respite1 and Niagara Falls Public Library
His Worship, Mayor Bukator advised that he had received a call from
Mr, Garfield Mahood of the Non-Smokers' RiMhts Association in Toronto prior
the Couecil meeting regarding the proposed by-law, Mr, Mahood had advised
cases in Toronto to be heard before the courts on September 21st and October
relating to Toronto's smoking by-law, and had requested that passage of the
City'e by-law be deferred for several weeks to allow study of the outcome of
the court hearings. His Worship, Mayor Bukator further advised that Mr,
did not want the City to get into any difficulties with the proposed by-law.
Mr. K. Milne of the Chamber of Commerce, was granted permission Co
Council on the motion of Alderman Thomson, seconded by Alderman Stewart. Mr.
urged Council to consider defeatix~g the proposed by-law. Over recent months,
C~amber has obtained the opinions of the various merchant associations and it
is apparent that the majority of merchants are not in favour of such
- 3-
Mr. Milne felt that the voluntary approach was better than the legislated
approach, and stated the Chamber was confident businesses would introduce
voluntary no-smoking programs if desired. It had originally been stated that
merchants would not be placed in a situation of confrontation with customers
over smoking restrictions, however the proposed by-law requires a business
operator to request people to stop smoking or leave the premises. If a person
fails to do so, the business operator is required to call a by-law enforcement
officer. Virtually all types of buildings would be affected such as banks,
lobbies, offices, stores and any area where two or more people are waiting
for service of any kind. Mr. Milne stated that since the by-law was introduced
in August, it was unreasonable to expect members of the tourist industry to
study the provisions during their husiest season. It was felt that more time
should be allowed for the tourist association to ascertain if they wish to
support the by-law. With respect to posting of signs, Mr. Milne felt if this
~as to be legislated, it should be the responsibility of the City to print and
istribute such signs. Mr. Milne also stated that the City's by-law enforcement
officers presently experience difficulty in enforcing existing by-laws without
the further responsibilities involved in the proposed by-law. Mr. Milne stated
that there were more important matters requiring Council's attention, and
recommended that the by-law either be defeated or delayed pending further
input from the tourist businesses.
Alderman Chessman pointed out that the committee had given an opportunity
to the tourist industry on more than one occasion to provide input, and no ~
effort was made. The Alderman felt that not every person in the tourist
association was so busy they could not attend a meeting for several hour~ on
a matter affecting the tourist industry. The proposed by-law was carefully
worded to avoid reference to motels and restaurants and does not require those
proprietors to set up smoking and non-smoking areas. Another criticism which
the Alderman felt must be met was that such a by-law was a frivolous piece of
legislation. Alderman Chessman stated that the by-law was not frivolous, and
had arisen out of concern for people to move about in certain places and be
relieved of the problem of smoking. It was also pointed out that both Toronto
and Ottawa had not considered the matter to be frivolous and had taken action
by passing by-laws a year ago. Alderman Cheesman indicated that he was not
opposed to deferring passage of the by-law pending the outcome of the court
cases in Toronto and to allow further study by the tourist industry.
Alderman Fera felt there was little likelihood the by-law would be enforced
and agreed that the City has a hard time in enforcing existing by-laws. The
Alderman referred to the fact the solicitor for Mississauga would not support
a smoking by-law since it could not be enforced under the Municipal Act. ' Alderman
Fera felt a law which is not enforced is useless and demeans and subverts other
by-laws by fostering the belief broken laws secure no penalties. Alderman Dilts
agreed that there would be difficulty in enforcing the by-law and pointed out
that the City would end up enforcing its provisions on its citizens since it
could not be enforced on tourists.
Alderman Jaluvka commented that to argue against the by-law in terms of
enforceability or Jurisdiction may miss the point, since whether or not the
Municipal Act gives Jurisdiction to legislate, sooner or later the question
must be confronted. The Alderman suggested that Council support a petition
:to the Provincial Government to grant jurisdiction for municipalities to pass
and enforce such legislation.
Alderman Sobel advised that she had surveyed a number of merchants and
found the majority were in favour of such legislation mainly because of the
Protection it would offer their merchandise. The Alderman also commented
that since the need for such legislation has been proven, the Province should
be advised that the City wishes to pass such a by-law.
With respect to the question of enforcement, Alderman Crows indicated that
he had been in Toronto recently and had been amazed at how effective the signs
had been. The Alderman felt that the majority of people would comply with the
by-law, and pointed out that there are many laws that are enforced very well
and yet people still will not comply with them.
Following further comment, it was moved by Alderman Jaluvka, seconded by
Alderman Sobel, that the matter be tabled for one month. 'Carried Unanimously.
AGREEMENT BETWEEN THE CITY AND REG QUINN LIMITED FOR USE OF ThE NIAGARA FALLS
M~iORIALARENA BY THE NIAGARA FALLS FLYERS HOCKEY CLUE
Report No, 449 - City Man.ager - The report recentends passage of a by-law to
4
authorize an agreement with Rag Quinn Limited for the use of the Niagara
Falls Memorial Arena by the Niagara Falls Flyera Hockey Club.
Alderman Chessman referred to the omission in the agreement of the City'!
right to purchase the team, and stated that he felt the City had been wise to
have this clause in the previous agreement. The Alderman agreed that the inte
of the clause was not that the City seriously intended to purchase the team,[
to ensure that the team would not leave without the City knowing about it.
The City Treasurer indicated that an adequate safeguard has been placed in the
new agreement without the City having the first right of purchase. In resp0ns
to a question raised, the Deputy City Solicitor indicated that there was no
reason such a clause could not be included in the agreement.
Alderman Orr indicated that he had toured the new facilities at the arem
and had been impressed with the work the new owners have done and their intent
for the hockey club. The Alderman felt it was important that the people in th
City support the team this year.
Following further comment, it was moved by Alderman Thomson~ seconded by
Alderman 8chisler, that the agreement be amended to include the City with fin
right to purchase in the event of a proposed sale of the teem, and that the
report as amended, be received and adopted. Carried Unanimously.
WATERING RESTRICTIONS
Report No. 451 - City Manager - The report recommends: 1) That the present wet
policy for conserving water; and 2) That all restrictions be lifted on Saptar}
30th as per Council's policy.
Alderman Thomson asked why the restrictions were going to continue until
the end of September since the tourist season is over, and if there was still
a real need for the restrictions. The Director of Municipal Works advised
in the past restrictions were imposed because of a shortage of water and were
usually removed in September. In January of this year, Council considered a
report which had stated that day watering of lawes and gardens was inefficienl
according to the Niagara Parks Commission School of Horticulture. Council
directed that restrictions be placed annually from June 1st to September 30th
with the main reason being to conserve water, not because of a supply probled.
It was further advised that the Region had asked the City to investigate ways
and means of conserving water, and one of the best ways of conserving water~
to water lawns and gardens at the most useful time.
Following further comment, it was moved by Alderman Schisler, secondedb~ii
Alderman Dilts, that the report be received and adopted. Carried Unanimousl~.p
DRAINAGE COMPLAINT -LAMONT STREET/BREADNER CRESCENT AREA
Report No. 452 - City Manager - The report provides information on the
problem and advises that there are two options available to the property
in the area: 1) Legal action to be taken against the person or persons
flooding; and 2) Excavation of a swale on the complainants' property.
Alderman Dilts stated that the residents had a drainage problem in the
past that was corrected until the new subdivision was built behind -this area.
The Alderman pointed out that the existing properties are rather flat and
should have been all the more reason for the City to study drainage in the
more closely. Alderman Dilts felt the drainage problem was the City's
.and that the report had done nothing to assist the residents.
Alderman Jaluvka commented that if the report was correct, and the
problem was the .result of the filling of the swale on Lot 280, he could not
how the City was responsibile. Alderman Crows stated that if a person
property they are not entitled to put their garden through such a swale or
it~ and they may be obligated to keep the swale open to protect their
By landscaping and filling the swale, they are creating problems for
for which the neighbouts have recourse.
Alderman Chessman stated that there are two inaccuracies in the report.
The report stated that there were no further drainage complaints made, and
complaints were made. Secondly, the report stated that the swale was
properly, however the swale was not functioning. The Alderman indicated that
he had inspected the ewale, but could not believe that'a railway tie was the
-6 ~
INCREASE IN TRANSIENT TRADER LICENCE FEE
Report No. 453 - City Manager - The report advises that a by-law to provide
for the current Transient Trader Licence Fee to be increased to $500.00 has
been prepared and if Council deems advisable, the increased fee could become
effective September 1, 1978.
Alderman Sobel expressed concern that $500.00 might be too high as far as
small businesses are concerned. The Alderman stated that she was not convinced
the increase was necessary or that it should be increased by that amount.
It was moved by Alderman Thomson, seconded by Alderman Orr, that the
Transient Trader Licence Fee be increased to $500.00 effective September 1,
1978, and that the appropriate by-law be given the necessary readings. The
motion Carried with the following vote:
AYE: Aldermen Fera, Jaluvka, MacBain, Orr, Schisler and Thomson.
NA. YE: Aldermen Chessman, Dilts, Mann, Sobel and Stewart.
NOTE: Alderman Crows was absent when the vote was
taken on this matter. See By-law No. 78-173
CIKE INCORPORATED - SUNNYSIDE SUBDIVISION
Report No. 454 - City Manager - The report recommends that no action be taken
on changing the existing Minister's conditions of approval for this subdivision
and that Mr. P. Taylor, solicitor for the developer, be advised of Council's "
action.
The City Clerk advised that Mr. Taylor had requested the matter be tabled
for two weeks.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Thomson, that
the report be tabled for two weeks. Carried Unanimously.
NOTE: Alderman Crows was absent when the vote was taken on this matter.
STATISTICS ON REGISTERED BUILDING LOTS
Report No. 455 - City Manager - The report provides information regarding the
supply of building lots, unsold houses, etc., in response to a question raised
by Alderman MacBain .at a previous meeting.
· ORDERED on the motion of Alderman MacBain, seconded by Alderman Thomson, that the
report be received and filed. Carried Unanimously.
PROCEDURES FOR O.M.B. HEARING ON THE REGIONAL NIAGARA POLICY PLAN AND URBAN AREAS
BOUNDARIES
Report No. 456 - City Manager - The report makes the following recommendations
with respect to the preparation and conduct of the subject hearing: 1) That
representatives of the City's Planning, Legal and Engineering staff appear on
behalf of the City in support of the position taken by Council on the Urban
Areas Boundaries; 2) That the principal owners of the lands which are the subject
of the referrals be advised that they should appear with their own counsel and
witnesses in support of their respective positions; 3) That the Regional Planning
=and Development Committee and the Regional Council be requested to make a
decision on the recommendations in Report DPD 1103 having regard to the submissions
made by the City of Niagara Falls and other area municipalities; 4) That the
Planning Director and City Solicitor consult with Regional staff with regard to the
evidence which the Region intends to adduce as to the quality of the soils and the
types and quality of the crops (if any) grown in the respective referral areas and
report back to this Council on the need of retaining a qualified person to give
evidence on behalf of the City; and 5) That authority be granted for the bringing
of a motion for directions before the Ontario Municipal Board with respect to
the order and manner in which it proposes to deal with the various referrals to
be heard at the hearing commencing on October 16th, 1978.
The Planning Director drew Council's attention to the new reference numbers
for the various referrals to the Board and advised that he would be pleased to
provide any clarification required.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera~ that the
report be received and adopted. Carried Unanimously. ~
MORRISON STREET EXTENSION AND BY-lAWS RESPECTING BURDETTE DRIVE AND PART OF
BLOCK "G" R.P. 108 FOR THE FORMER TOWNSHIP OF STAMFORD
Report No. 457 - City Manager - The report recommends passage of two by-laws
-5-
major contributing factor to all of the problem in line with the swale. The
Alderman had also been informed that the catchbasins were not properly located
and should have been placed at the base of Lot 280 in addition to their present
locations. Alderman Chessman felt the City had failed and if staff were advis~
the residents to take legal action, such action could be taken against the Cit
Mr. R. Maxfield of Callan Street, was granted permission to address CouncH~
on the motion of Alderman Mann, seconded by Alderman Dilts. FAr. Maxfield advis~
that the former Village of Chippawa had spent $100,000 on drainage for this
particular area. Prior to development of the subdivision, two ditches had
traversed this property and were connected to underground storm sewers carryi~
storm water to the "Little Mississippi". When the new subdivision was devel0p~
the field completely blocked the existing homes from the storm sewer. Mr.
advised that his neighbour's property was three feet above his property, and
expressed concern that serious flooding could occur in the spring. It was fun!
stated that the swale had never worked correctly since it was very shallow, and
it is now completely blocked off on both sides. Mr. Maxfield felt that a
catchbasin at this location could solve the problem, and indicated that since~
developer had not completed the subdivision as yet, he could be required to
correct the flooding situation.
Alderman Fern stated that he had become quite discouraged with the number
of drainage problems in the City, and felt it was not enough for staff to say
the residents can take legal action. Alderman Crows indicated that staff has
given Council the answer to the question, and that the only solution to such
problems is the imposition of elevation plans, grade plans and easements. In
that way, if someone landscapes and fills a swale, the City can go in, survey
and attempt to compel the person to remove the landscaping. As long as people
change the grades of their properties by landscaping and by blocking drainage
swales, these problems will continue. Alderman Crowe also referred to the
hertendons cost involved in establishing and enforcing elevation plans, and
the fact that each time someone changes an elevation, the City will enter onto
private property and force that person to restore the lot to its original
elevation.
In response to a question raised by Mr. Maxfield, Alderman Schisler advise~
that under the Drainage Act, if a person stops na~iural drainage and damage occ~
that person is responsible.
The Director of Municipal Works stated that the swale was working, and thf
the residents in the area had advised that theswale was draining properly.
The swale was not meant to remove all water, but to prevent a build-up of water.
It was agreed that drainage was not as good as it was prior to the subdivision
being developed, but it was pointed out that the water was draining onto the
developer's lands and he wanted to use those lands. With respect to the matter
of establishing elevations, the Director of Municipal Works referred to his
request for an additional staff member to deal with these problems during
budget discussions, and Council's refusal of that request. It was further
stated that the swale would work properly if it was properly constructed now.
The Director of Municipal Works explained that he sympathized with the
residents of the older area, but pointed out that staff has gone as far as
they are authorized to go, and if a catchbasin is to be constutored at the
City's expanse, that decision must be made by Council. In response to a quesge
raised By FAr. Maxfield, the Director of Municipal Works advised that according
to elevations shown on the plan attached to the report, at the point of blocka~
the swale was lower than the adjacent lots. The only other solution to such
problems is complete sodding of all lots, since an unsodded lot will allow
material to enter into a drainage system.
Mr. K. Muma of Lament Street, advised that there was. a storm drainage
system at the rear of his lot, however he knew it was there when he purchased
his home. When he purchased his home, FAr. Muma indicat~d that he was required
to sign a deed registration providing that he maintain proper grades and levels
to make sure no change in elevation occurs on his land. In the event a purchs~
does net maintain at the levels set out, he shall be responsible for any
resulting drainage problem. FAr. Muma stated that he knows the swale cannot
be tampered with and that he cleans and maintains the swale to ensure proper
drainage.
Following further discussion, it was moved by Alderman Mann, seconded by
Alderman Dilts, that staff contact the developer of the new subdivision in an
effort to resolve the drainage problem. CaFried Unanimously,
-7-
authorizing the stopping up and closing and conveyance of part of Burdette
Drive and authorizing the conveyance of part of Block "G" according to Registered
Plan No. 108 for the former Township of Stamford in conjunction with the Morrison
Street Extension project.
Mr. L. Edwards of 4802 Drummond Road, was granted permission to address
Council on the motion of Alderman Thomson, seconded by Alderman Stewart.
Mr. Edwards advised that he lived at the corner of Burdette Drive and Drummond
Road, and that this area presently looks as if it had been bombed. Mr. Edwards
acknowledged that this project must go through, however expressed confusion
over the proposal due to the many changes in the plans that have taken place.
Several weeks earlier a notice had appeared in the press indicating that the
subject by-law and plans would be available for viewing at the City Clerk's
office. FAr. Edwards advised that he had come to the City Clerk's office and
although he was shown the by-law and plans, there was no one available to give
him an explanation. Following referral to both the Engineering and Legal
Departments, Mr. Edwards was given an explanation by the Deputy City Solicitor
who also contacted the Region and had a representative contact him. Mr. Edwards
indicated that he was still unsure of how his corner will be affected by the
construction, and also made reference to a severe dust problem-and structural
damage to his house.
The Director of Municipal Works advised that the extension was a Regional
contract, and that he would contact the Region and ask an official to speak to. ~
Mr. Edwards personally.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Jaluvka, that
the report be received and adopted, a~d that the Regional Municipality of Niagara
be requested to meet with Mr. Edwards to provide any clarification and assistance
necessary. Carried Unanimously.
See By-laws 78-174, 78-175
COMMUNICATIONS
No. 139 - Mr. M.J. McCarry - Re: Mr. & Mrs. A. Giammattolo, Pine Tree Village
Mobile Home Park. The communication advises that the well water supply to the
mobile homes at the Pine Tree Village Mobile Home Park has been unable to meet
the daily requirements for water use, and requests Council's assistance in
reaching a temporary emergency solution to the problem.
The City Clerk advised that Mr. McGarry had requested the matter be
mithdrawn until further notice.
ORDERED on the motion of Alderman Themson, seconded by Alderman Mann, that the
matter be withdrawn. Carried Unanimously.
NOTE: Aldermen Dilts and Orr were absent when the vote was taken on this
matter.
No. 140 - Development Assocication of Niagara - Re: Membership in the Association.
The communication extends an invitation to the Municipality to become an
associate member in the Association.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that
the Association be thanked for its interest, but that the Municipality decline
~embership at the present time. Carried Unanimously.
MOTE: Aldermen Dilts and err were absent when the vote was taken on this
matter.
No. 141 - Ministry of the Environment - Re: Noise Seminar Concerning Noise
Control in Land Use Planning. The communication extends an invitation to
representatives of the City to attend a seminar concerning noise control in land
use planning to be held in Hamilton on October 30th and 31st, 1978.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that
representatives of both the Planning and Engineering Departments be authorized
to attend the seminar. Carried Unanimously.
NOTE: Aldermen Dilts and err were absent when the vote was taken on this
matter.
No. 142 - Niagara Peninsula Conservation Authority - Re: Authority and Council
Tour. The communication extends an invitation to the annual Authority and Council
Tour on September 23, 1978.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobel, that as many
members of Council as possible attend the tour. Carried Unanimously.
8
REPORTS
No. 458 - Planning & Development Committee - Re: AM-15/78, R. Aspirot, 4501
Ellis Street. The report r~commends approval of the application and that Counci
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 Minist~
of Housing.
ORDERED on the motion of Alderman Sobel, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
See Resolution N0.
See By-law No. 78-f'
No. 459 - City Manager - Re: Provincial Gas Franchise Agreement. The report
recommends passage of a resolution approving the form of a draft by-law and th~
proposed new franchise agreement and authorizing the submission of the proposed
by-law to the Ontario Energy Board for approval m~d for an order dispensing
the assent of the municipal electors.
In response to a question raised by Alderman MacBain, the Director of
Municipal Works indicated that plans of gas line installations are submitted
to the Municipality, and installations are inspected to ensure the lines are
in the locations proposed on the plans.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fare, that the
report be received and adopted. Carried Unanimously.
See Resolution N0.
No. 460 - City Manager - Re: Co-operative Sodium Chloride (Salt) Tender 1978-79
The report recommends the acceptance of the low bid submitted by Iroquois Salt
Products Ltd. delivered to the Municipal Service Centre as required.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
See Resolution ~.
No. 461 - City Manager - Re: Co-operative Tender for Snow Fencing and Related
Material. The report recommends acceptance of the unit prices submitted by
Francis Pewell and Canadian Snow Fence for the supply of snow fencing and relay
material.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
See Resolution
No. 462 - City Manager - Re: Tender for Trucks for Sno~ Removal. The report
recommends acceptance of all tenders with the proviso that the available truth
needed, be rented in order of their hourly rates per cu. yd. and that the truc~
are suitable for the leaders employed.
ORDERED on the motion of Alderman Thomson, secomded by Alderman Stewart, that
the report be received and adopted, Carried Unanimously.
See Resolution N0u
No. 463 - City Manager - Re: Rental of Snow Removal Equipment. The report
recommends: 1) Rejection of the tender submitted by DiCon Construction; 2) ~
the tender by Calaguiro Bros. be accepted with the proviso the unit is operatic
and available when called out and is capable of performing the work required;~
3) Recall of public tenders on snow removal equipment with a policy similar t0
that of St. Catharines guaranteeing 70 hours at tender rates. Should Calagu~
Bros. decide to re-tender on the new specifications and their new tender is
acceptable, they would be offered the choice of such tender and the one ten~er
recommended above for acceptance.
In response to a question raised by Alderman Thomson, the Director of
Municipal Works advised that staff had met with the contractors involved on
how the specifications would be set up. Previously the City experienced
difficulty in finding a contractor to work on snow removal since they did not
want their equipment to be on standby, waiting for a call from the City. Undec
the new contract to be re-tendered, a contractor would be guaranteed 70 hours
of work, however if the contractor is unable to supply the equipment when
required.by the City, the time would be deducted from the 70 hours. With
respect to the tender submitted by DiCon Construction, the Director of MunictP=
Works stated that the price submitted was unacceptable for a simple truck with
a plow and wing.
ORDERED on the motion of Alderman Thomson, seconded by Alderman MacBain, that
the report be received and adopted. .Carried Unanimously.
See Resolution ~
-9-
No. 464 - City Ymnager - Re: Provision of Advance Polls for 1978 Municipal
Election. The report recommends that Council by by-law, provide for an
additional advance poll in the City of Niagara Falls on Saturday November 4,
1978.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
NOTE: Alderman Mann retired from the meeting. See By-law No. 78-177
No. 465 - Local Architectural Conservation Advisory Committee - Re: Designation
of Architecturally and Historically Significant Properties. The report recommends
the designation under the provisions of the Ontario Heritage Act, the Hardware
Emporium at 4624 Erie Avenue, the Chippawa Town Hall at 8198 Cummington Square East,
the Holy Trinity Church at 7820 Portage Road and the Whyrock Building at 4701
St. Clair Avenue.
ORDERED on the motion of Alderman Sobel, seconded by Alderman Cheesman, that the
report be received and adopted. Carried Unanimously.
No. 466 - City Manager - Re: Encroachment - Third Avenue. The report recommends
approval of a request for an encroachment on the Third Avenue road allowance
in accordance with the policy on encroachments, and passage of a by-law to
authorize the encroachment.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously. ~
See By-law No, 78~i78
No. 467 - City ~nager .- Re: Vacancy ~ Property Standards Committee. The report
recommends passage of a by-law confirming the appointment of Mr. Kenneth Angle
to the Property Standards Committee.
ORDERED on the motion of Alderman Dilts, seconded by Alderman Sobel, that the
report be received and adopted. Carried Unanimously.
See By-law No. 78-179
No. 468 - City Manager - Re: Dwelling at Falrview Cemetery. The report
recommends that Richard Collee Trucking and Excavating Ltd. be awarded the
contract for demolition of the subject building.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 83
See By-law No. 78-180
No. 469 - City Manager - Re: Drummond South N.I.P. Area. The report reco~nends
passage of a by-law to set down the new work which will be carried out under the
N.I.P. Programme for this area.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Thomson, that
the report be received and adopted. Carried Unanimously.
See By-law No. 78-181
No. 470 - City Manager - Re: Proposed Amendment to By-law 76-61. The report
recommends passage of a by-law to include David Hall and Anton Nielsen as
inspectors under the Building Code Act, 1974.
ORDERED on the motion of Alderman Sobel, seconded by Alderman Thomson, that the
~eport be received and adopted. Carried Unanimously.
See By-law No. 78-182
No. 440 - City Clerk - Re: AM-34/77, Armando Leo, Proposed Addition to Niagara
Motel, South Side of Perry Street - Objections to Zoning Amendment By-law 78-145.
The report advises that objections have been received as a result of circulation
of the subject zoning amendment by-law.
Alderman Crows indicated that the solicitor for the applicant had been able
to have one objector withdraw his objection, and was negotiating with one other
ohJector in the hope of having that objection withdrawn.
ORDERED on the motion of Alderman Cro~e, seconded by Alderman Chessman, that
the objections be referred to the Ontario Municipal Board if the objections
have not been withdrawn~ithtn a week. Carried Unanimously.
No. 471 - City Nanager - Re: Municipal Accounts. The report recommeuds 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.
No..4'72 - City Manager -.Re~ Annual Plumbing Inspectors Conference. The report
..... 10
- 10 -
recommends the attendance of the Senior Plumbing Inspector at the subject
conference to be held in Toronto from September 17 - 20, 1978.
ORDERED on the motion of Alderman Orr, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 77 - SOBOL - FERA- RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 78-176 for the rezoning
of 4501 Ellis 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 hereto affixed.
Carried Unanimously
No. 78 -MACBAIN - SOBOL - RESOLVED 1) That this Council approves the form of
draft By-law (including the franchise agreement forming part thereof) attached
hereto and authorizes the submission thereof to the Ontario Energy Board for
approval pursuant to the provisions of Section 9 of The Municipal Franchises
2) That this Council requests the Ontario Energy Board to make an order dis
with the assent of the municipal electors in respect of the attached draft
(including the franchise agreement forming part thereof) pursuant to the
provisions of Section 9(4) of The Municipal Franchises Act; AND the Seal of
the Corporation be hereto affixed.
Carried
No. 79 - THOMSON - STEWART - RESOLVED that the tender submitted by Iroquois
Products Limited in the amount of $16.826 per ton delivered to the Municipal
Service Centre as required, be accepted; AND the Seal of the Corporation be
hereto affixed.
Carried
No. 80 - THOMSON - STEWART - RESOLVED that the tender submitted by Francis
for the supply of 6' T Bar Posts at $2.12 each, 7' T Bar Posts at $2.49
10" 12-Gauge Ties at $27.20 per bundle of 2500, be accepted; AND that the
submitted by Canadian Snow Fence for the supply of 48" snow fence at $34.40
per 100', be accepted; AN~ the Seal of the Corporation be hereto affixed.
Carried UnanimousZ
No. 81 - THOMSON - STEWART - RESOLVED that the following tenders for rental
trucks for snow rumoval be accepted with the proviso that the available trucks{
needed he rented in order of their hourly rates per cu. yd. and that the
are suitable for the loaders employed:
TENDERER
RATE PER HOUR/NO. TRUCKS
1AXLE/NO, 2 AXLE/NO.
Warden Construction
Salfi Trucking
J. Baldin
G. White
L. DLRisio Trucking
Cameron Trucking
M. Baldin
Montgomery Brothers
C. & R. Haulage
Calaguiro Brothers
Priddle Trucking
DowT~ucking
D. Lapierre
$15.00/2
$17.00/1
$17.00/1
$i7.oo/i
$16.oo/2
$22.00/i
$22.00/i
$22.00/1
$22.00/1
$20.00/3
$22.00/1
$22.01/1
$22.00/1
$22.00/1
$22.00/1
; AND the Seal of the Corporation be hereto affixed·
Carried
No. 82 - THOMSON -NACBAIN - RESOLVED that the tender submitted by Calaguir0B$
for the rental of snow removal equipment, be accepted at the tendered price 0f
$41.85 per hour for one three cubic yard front-end loader; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimou~sl
No. 83 - THOMSON - STEWART - RESOLVED that the tender submitted by Richard
Trucking and Excavatin8 Ltd. for the demolition of the dwelling at Fairview
Cemetery, be accepted at the tendered price of $2,750.00; AND the Seal of the
be hereto
· .11
- 12 -
No. 78-183 - A By-law to authorize a subdivision agreement with Membasco Holdings
Ltd. (Portage Heights Subdivision).
No. 78-184 - A By-law to authorize an agreement with DeLeuw Cather, Canada Ltd.
for engineering services for culvert extensions and replacements.
No. 78-185 - A By-law to provide monies for general purposes.
Carried with Aldermen
Cheesman, Dilts, Sobol
and Stewart voting
contrary on By-law
78-173, and all others
voting in favour.
ORDERED on the motion of Alderman Crowe, seconded by Alderman Orr, that the
following by-laws be now read a second and third time:
No. 78-171 - TABLED
No. 78-172
No. 78-173
No. 78-174
No. 78-175
- A By-law to authorize the execution of an agreement with Reg Quinn
Limited for the use of the Niagara Falls Memorial Arena for all
regular, play-off and exhibition games.
- A By-law to amend By-Iaw No. 76-102 being a by-law respecting the
issue of licences. (Transient Trader Licence Fee of $500)
- A By-law to stop up and close part of Burdette Drive and to authorize
its sale and conveyance to the Regional Municipality of Niagara.
- A By-law to authorize the conveyance to the Regional Municipality of
Niagara of part of Block '!G' according to Registered Plan No. 108 for
the former Township of Stamford.
No. 78-176 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-15/78, R.
Aspirot)
No. 78-177 - A By-law to provide for the holding of an additional advance poll for
the 1978 municipal election.
No. 78-178 - A By-law to allow the maintaining and using of a building which
encroaches on Third Avenue.
No. 78-179 - A By-law to amend By-law No. 77-21 providing for appointments to
certain Boards, Commissions and Committees. (K. Angle to Property
Standards Committee)
.No. 78-180 - A By-law to authorize the execution of an agreement with Richard
Collee Trucking and Excavating Ltd. for the demolition of a building
at Fairview Cemetery on.Stanley Avenue at the west limit of Bridge
Street.
No. 7B-181 - A By-law to amend By-law to amend By-law 76-193 regarding the adoption
of a Redevelopment Plan for the Drummond South Redevelopmerit Area.
No. 78-182 - 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. 78-183 - A By-law to authorize a subdivision agreement with Membasco Holdings
Ltd. (Portage Heights Subdivision).
No. 78-184 - A By-law to authorize an agreement with DeLeuw Cather, Canada Ltd. for
engineering services for culvert extensions and replacements.
No. 78-185 - A By-law to provide monies for general purposes.
Carried with Aldermen
Cheesman, Dilts, Sobol
and Stewart voting con-
trary on By-law 78-173,
and all others voting
in fayour.
,
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No. 84 - THOMSON - STEWART - RESOLVED that condolences be conveyed to the NEW BUSINESS
family of the late Mrs. Muriel Jaluvka, mother of Alderman J. Jaluvka, and ·
a respected member of the conmunity; AND the geal of the Corporation be TRANSIT SERVICE
hereto affixed.
Carried Unanimoushl [ His Worship, Mayor Bukator drew Council's attention to a letter from
Niagara Transit regarding transit service, and advised that the report requested
BY-LAWS on bus service to Thorold Stone Acres subdivision would be submitted in
conjunction with a study to be undertaken of the bus service to be supplied to
The Deputy City Solicitor requested that Council provide the specific other areas presently unserviced.
form of provision to be added to the agreement between the City and Reg Quinn
Limited for use of the Niagara Falls Memorial Arena, in order to give the City ·FIRE LANES AT PLAZAS
first right of refusal. It was pointed out that the provision in the previous
agreement did not give the City the right to purchase the team, except if an Alderman Cheesman commented that he had visited Niagara Square recently
offer to purchase was submitted to the owner. In the event the team was to be and had seen that the fire lanes at the plaza were kept clear of parked cars,
moved or transferred to another location, there was no right of the City to [ and yet at many of the other plazas in the City, the regulation is not enforced.
purchase the team. The City Manager stated that item 19 of the proposed It was moved by Alderman Chessman, seconded by Alderman Thomson, that the Fire
agreement provides that the Operator agrees not to assign this agreement or its Department be requested to review the matter and determine what action can be
rights without first obtaining the consent of the City in writing. taken to eaforce the fire lane regulation. Carried Unanimously.
Alderman MacBain stated that he was not familiar with any provision in PROMOTION OF NIAGARA FALLS
the Municipal Act that would permit the City to operate a hockey team. The
Deputy City Solicitor advised that he was not aware of any right the City would Alderman Thomson referred to discussions on promotion of the tourist
have to operate the team, however the City could acquire the team's assets industry in the City during consideration of the budget, and comments made
and re-sell same. In the opinion of the Deputy City Solicitor, it was felt
that the City's operating the team would not be in-line with municipal purposss~ the tourist industry. The Alderman advised that he had given thought to Ways'
It was moved by Alderman Thomson, seconded by Alderman Schisler, that the i the industry could be promoted further without increasing the existing tax
burden. Alderman Thomson stated that'he had recently spoken to the Mayor of
motion including a provision in the proposed agreement to allow the City first ~ Niagara Falls, New York on this matter, and the suggestion had been made of a
right of refusal, be withdrawn. Carried Unanimously. possible joint promotion of Niagara Falls. It was pointed out that both cities
have the same name and bring visitors to view the Falls and various attractions,
ORDERED on the motion of Alderman Crows, seconded by Alderman Orr, that leave and if both cities were to combine forces, they could entice people to come
he granted to introduce the following by-laws, and the by-laws be read a first from greater distances. Alderman Thomson stated that Niagara Falls, New York
time: receives both State and Federal assistance in promoting their tourist industry
and suggested that the Provincial and Federal Governments be contacted to
No. 78-171 - TABLED determine if similar funding could be made available. It was agreed that it
would take some time to determine if the basic interest was there on both parts,
No. 78-172 - A By-law to authorize the executiop~ an agreement with Reg Quinn and Alderman Thomson suggested that the Mayor make initial contact with the
Limited for the use of the Niagara Falls Memorial Arena for all Mayor of Niagara Falls, New York and secondly with the tourist industries to
regular, play-off and exhibition games. determine if there was some way in which joint promotion of both Cities could
take place. His Worship, Mayor Bukator indicated that he would try and have
No. 78-173 - A By-law to amend By-law No. 76-102, being a by-law respecting the !I a report on the matter in several weeks.
issue of licences. (Transient Trader Licence Fee of $500)
No. 78-174 - A By-law to stop up and close part of Burdette Drive and to
its sale and conveyance to the Regional Municipality of Niagara.
It was moved by Alderman Schisler, seconded by Alderman Chessman, that the
~ meeting adjourn. Carried Unanimously.
No. 78-175 - A By-law to authorize the conveyance to the Regional Municipality ,
of Niagara of part of Block "G' according to Registered Plan N0.1
for the former Township of Stamford.
; READ ANDADQ~TED,
No. 78-176 - A By-law to amend By-law No. 5335, 1955, as amended. (AM-15/78,.R, Aspirot)
No. 78-177 A By-law to provide for the holding of an additional advance p011 !. ~ ~__2 MAYOR
the 1978 municipal election.
No. 78-178 - A By-law to allow the maintaining and using of a building which
encroaches on Third. Avenue. '
No. 78-179 - A By-law to amend By-law No. 77-21 providing for appointments to
certain Boards, Cunhuissions and Cozmittees. (K. Angle to Properq
Standards Committee)
No. 78-180 - A By-law to authorize the execution of an agreement with Richare
Collee Trucking and Excavating Ltd. for the demolition of a hu~ ~
at Fairview Cemetery on Stanley Avenue at the west limit of Brtd~i.
Street.
No. 78-181
No. 78-182
- A By-law to amend By-law No. 76-193 regarding the adoption of a
Redevelopment Plan for the Dr~ond South Redevelopment Area.
- A By-law to amend By-law No. 76-61, as amended, being a by-law
appoint a chief building official and inspectors under the Buila~
Code Act, 1974.
TWENTY-THIRD MEETING
Committee Room #1
September 18, 1978
CO~E~ITTEE OF THE WHOLE
Council met in Committee of the Whole on Monday, September 18, 1978 at
7:00 p.m. All members of Council were present with the exception of Alderman
Stewart. Alderman err presided as Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
MAYOR
Council Chambers '
September 18, '1978
Council met on Monday, September 18, 1978 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman Stewart. Alderman Jaluvka offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that
the minutes of the meeting held on September 5, 1978, be adopted as printed.
Carried Unanimously.
UNFINISHED BUSINESS
GIKE INCORPORATED - SUNNYSIDE SUBDIVISION
Report No. 454 - City Manager - The report recommends that no action be taken on
changing the existiagMinister's conditions of approval for this subdivision and
that Mr. P. Taylor, solicitor for the developer, be advised of Council's action.
Mr. p. Taylor was granted permission to address Council on the motion of
Alderman Chessman, seconded by Alderman Thomson. Mr. Taylor posted a plan of the
area showing drainage of the land. It was advised that there are existing services
for the first six lots along Scholfield Road. According to the report submitted,
the drainage for this area runs to the south, and it was Mr. Taylor's submission
that the drainage runs southwest through a culvert toward Ten Mile Creek.
Mr, Taylor stated that 80% of the lands drain in that direction rather than
~owards Shriner's Creek. With respect to the comment that granting of an
exemption would create a precedent, Mr. Taylor stated that the characteristics
of the Sunnyside Subdivision were not similar to amy of the other subdivisions
in that area for which 100% of the land drains into the Shriner~s Creek proposal.
Mr. Taylor suggested that Council consider reversing the proposed system of
drainage to the more predominant system of drainage. In spearing to officials
of the Ministry of Housing, Mr. Taylor had been advised that it would be Councll's
decision to exempt the developer from the condition relating to Shriner's Creek,
and that the Ministry would in turn comply with Council~s request. Mr. Taylor
further stated that the report does not indicate any specific date on the
implementation of the Shriner's Creek project, and that all necessary lands
have not been purchased as yet. Mr. Taylor felt that the matter involved only
a small piece of land and would not be setting a precedent.
His Worship, Mayor Bukator suggested that the matter could be referred back
to staff in view of the difference in opinion between Mr. Taylor and the Director
of Municipal Works on the drainage system. ~e Director of Municipal Works
agreed that e further report could be prepared on the matter, however commented
that while he did not disagree that the majority of the lands in question presently
drained towards Ten Mile Creek, this was Bot the lntended outlet for the majority
of the system. The intent of the report was to indicate that the storm flow
did not drain northerly to Scholfield Road but away from the roadway in a sou~
and westerly direction to the Ten Mile Creek outlet. The intention of the
proposed drainage scheme for the entire subdivision was to maintain the
existing amount of flow to the Ten Mile Creek. With the increased run-off
factors due to development, it will be necessary to intercept certain of the
flow from the single family residences and divert this to the storm sewer on
Scholfield Road which drains to the Shriner% Creek outlet. In addition, it
was pointed out that the front yard portion of all new housing on the south
side of Scholfield Road would, in fact, drain to Scholfield Road which is
opposite to the direction of flow now existing. Therefore if the subdivision
were developed at this time, some increased flow would enter the Shriner's
Creek system. The Director of Municipal Works acknowledged that the amount
of flow would be small, however it was pointed out that other subdivisions,
particularly the Mount Forest Extension Subdivision, would also contribute a
relatively small amount of flow into the Shriner's Creek outlet.
Following further conment, it was moved by Alderman Mann, seconded by
Alderman Sobol, that the report be received and adopted. Carried Unanimously.
COMMUNICATIONS
No. 143 - Regional Municipality of Niagara - Re: O.M.B. Hearings, Urban Areas
Boundaries. The communication asks if it would be possible for the City to
accommodate the hearings in the Council Chambers.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that
approval be granted for use of the Couucil Chambers for the. subject hearings.
Carried Unanimously.
No. 144 - Regional Municipality of Niagara - Re: 1978 Regional Tax Levy. The
communication advises of the levy against the area municipalities for the su~
of money required during the year 1978 for the Regional Municipality of Niag~
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fete, that the
communication be received and filed. Carried Unanimously.
No. 145 - Ministry of the Environment - Re: Noise Control By-law. The commun~
advises that a final report on the Mfnistry's m~u~l municipal noise control b~
is available for municipal use.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the
matter be referred to staff for the preparation of a report, and further that
copies of the by-law be provided to the Chamber of Commerce and Business and
Industrial Growth Agency for comment. Carried Unanimously.
No. 146 - Niagara South Board of Education - Re: Policy on Use of Tobacco on
School Property. The communication provides information on the Board's policy
regarding the use of tobacco on school property, and requests the support of 6
City by directing any advice or recommendations to the Board.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Thomson, that tb.
Board be apprised of the City's proposed by-law to regulate smoking in public
places. Carried Unanimously.
No. 147 - Niagara South Board of Education - Re: 1979 Budget Process. The
report provides information on the process to be used in the development of
Board's 1979 budget.
ORDERED on the motion of Alderman Mann, seconded by Alderman Cheesman, that
Board be commended for its format in making possible public examiner-ion of bus
procedures, and further that interested members of Council be encouraged to
attend the meetings. Carried Unanimously.
No. 148 - Ottawa Twinning Comm/ttee - Re: Conference of ~anadian Twinned Citie
The communication extends an invitation to attend the Conference of Canadian
Twinned Cities in Ottawa from October 13 - 15, 1978.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Thomson~ ~
the communication be received and filed. Carried Unanimously.
PROPOSED PROCESSED ORGANIC RESIDUE RECOVERY STATION
His Worship, Mayor Bukator advised that he had received a copy of an
Order-in-Council of the Lieutenant Governor in Council re~ardin~ the petiti0~
of the Regional Municipality of Niagara from the decision of the Ontario
Municipal Board respecting the proposed p~ocessed organic residue recovery
-3-
station, indicating that the decision of the Ontario Municipal Board had been
confirmed.
Mr. J, Haslet was granted permission to address Council on the motion of
Alderman Schisler, seconded by Alderman Sobol. Mr. Hasler expressed his deep
appreciation to the members of City Council and staff, particularly the City
Solicitor for their efforts and support in opposing the Region's intention to
locate a sludge disposal site in the former Township of Crowland.
REPORTS
No. 473 - Planning & Development Committee ~ Re: AM-16/78, Kordon Birchwood Joint
Venture, Dorchester Village Subdivision. The report recommends passage of a by-law
to provide for the rezoning of the property.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 85
See By-law No. 78-186
No. 474 - Planning & Development Committee - Re: AM-27/78, E. & G. Rittman, 6959
Lundy's Lane. The report recommends approval of the application subject to Develop-
ment Control, and that Council certify by resolution that the application conforhs
to Official Plan Amendment No. 28 of the Niagara Falls Planning Area as a~ended
and approved by the Minister of Housing.
AND '
No. 475.-'City Manager -Re: Parking on Mouland Avenue. The report recommends
that the necessary by-law be passed to prohibit parking on the easterly side of
Mouland Avenue from Lundy's Lane 100~ northerly.
Mr. D. Lundy was granted permission to address Council on the motion of
Alderman Thomson, seconded by Alderman Chessman. Mr. Lundy advised that the
residents have no objection to the rezoning and are concerned only with the
parking situation. Because of the number of school children in the area,
Mx. Landy felt that parked cars on either side of the driveway to the parking
lot could create a hazardous situation.
Mrs. P. Walker, solicitor for the applicants, advised that this was the
third application made for the same rezoning since 1974. The two previous
applications were denied, however two factors have substantially changed the
third application. The first being the growing commercial nature of Lundy's
Lane, and secondly, the immediate neighbours have reluctantly accepted the
commercialism of Lundy's Lane. Mrs. Walker also indicated that the rezoning
would not change or detract from the residential appearance of the area.
Following further comment, it was moved by Alderman Thomson, seconded by
Alderman Mann, that the report be received and adopted. Carried Unanimously.
-' See Resolution No. 86
See By-law No. 78-187
~o. 476 - Planning & Development Committee - Re: AM-31/78 Bielich & Butera, 5975
and 5983 Clark Avenue. The report recommends that the application be denied at
this time.
Mr. B. Sinclair, solicitor for Mrs. L. Bielich, was granted permission to
address Council on the motion of Alderman Thomson, seconded by Alderman Chessman.
Mr. Sinclair advised that Mrs. Bielich is selling a 10' strip of land to the
owner of the Fairway Motor Hotel. Since the motel has a zero lot line, the
strip of land will be used as a laneway. The remaining 40' would be conveyed
ultimately to Mr. Butera the owner immediately to the south conditional upon
the property being rezoned. Mr. Sinclair advised that Mr. Butera is not sure
what he wants to do with the property. In looking at Clark Avenue, the tourist
commercial nature is obvious, with the Fairway MOtel, the Beilich property,
the Butera property, Flexo Products, the Old Stone Inn and the Skylon, The
property is designated tourist commercial in the draft zonin~ by-law and the
Official Plan. Mr. Sinclair stated that Mr. Butera is willing to submit to
development control and a site plan which will provide control over any develop-
ment on the property. Mr. Sinclair stated it was obvious the land should be
zoned a particular way and that a proposed site plan should not be required,
'In response to a question raised by Alderman Thomson, the Senior Planner
advised that development control allows the City to have certain controls over
-4-
a development that is not provided under the zoning by-law. Development control
allows control over such matters as appearance, drainage, landscaping and park~
to a degree not possible with the zoning by-law. On this application, the concur
of the Planning & Development Conmittee had been the wide range of uses permitt0.
under the tourist commercial designation, and which of those uses might end up c
the sate.
Alderman Thomson referred to the comment raised at the Planning & Develop~
Committee meeting on the setting of a precedent by approving the application
without a site plan, and stated that two previous applications of a similar
nature were approved without site plans. The Alderman felt that the precedent
had been set when Council had approved the Mersich and D'Addio applications.
The Senior Planner commented that the Planning Department staff had suggested
that the application could be approved without the site plan, subject to certain
requirements being placed in the zoning amendment by-law.
Alderman Fera stated that since the property was designated tourist cornmere
in the draft zoning by-law and the Official Plan, he could not see why the pr0pc
had to be rezoned before it was purchased. The Alderman felt that whether or nc
a precedent would be set, the Committee had made the correct decision since once
the rezontng was approved, there would be no opportunity for people to object t0
whatever development eventually took place on the property. Alderman Mann als0
commented that he was not in favour of a rezoning being approved without a site
plan, since something could be built on the site that might not fit in with the
or that Council might find objectionable.
Alderman MacBain commented that since it was obvious the zoning for the are
was intended to be tourist commercial, the request to fezone the property toutin
commercial was appropriate, The Alderman felt this was not a situation where t~
zoning was doubtful.
Alderman Dilts advised that he had opposed the application since people at
present have nothing. to object to, and once the rezoniug is approved, they will
not have an opportunity to object when development takes place. Alderman Sob01
also commented that the Committee wants to know what the City will have devel0p~,
control over. Under the tourist commercial zoning, the owner could put in an
amusement arcade and the City could do nothing abou.._t it.
Alderman Chessman asked who the objectors would be, since most property e~
in the area are already involved in tourist commercial development. The Alder~
also stated that the City has protection under the term tourist commerciaI setti
out the limits on what development can take place, and if the limits were not
acceptable, Council could change them. Alderman Chessman agreed that there was
an element of risk involved, however he felt the risk was minimal.
In response to several questions raised by ~dernmn Thomson, the Senior
Planner advised that under the tourist commercia zoning, the uses permitted
generally involved motels, amusements, entertainment as well as restaurants.
It was further advised that under development control, the plan would require
Council's approval, however no other persons would be notified of the presence
of the application on a Council agenda,
Following further comment, it was moved by Alderman Fete, seconded by
Alderman Schisler, that the report be received and adopted. The motion Carried
with the following vote: '
AYE: Aldermen Dilts, Fete, Mann, err, Schisler and Sobel.
.NAYE: Aldermen Chessman, Jaluvka, MacBain and Thomson.
NOTE: Alderman Crowe declared a conflict of interest and abstained from
voting on this matter.
No. 477 - City Manager - Re: Chippaws Secondary Plan. The. report recommends
acceptance of the Chippawa Secondary Plan.
Alderman Thomson suggested that the report, due to its importance, should
be tabled for one month to allow in-depth study by members of Council.
ORDERED on the motion of Alderman Thomson, seconded by Aideman Jaluvka, that
the report be tabled for one month. Carried Unanimously.
NOTE: Alderman Fera retired from the meeting.
No. 478- City Manager - Re: OBOA Conference. The report recommends the atteDa
of th~ Buildin~ & Development Co-ordinator at :the subject conference to be held
- 5 -
in Peterborough from October 15th to 18th, 1978 inclusive.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Thomson, that
the report be redeived and adopted. Carried Unanimously.
NOTE: Alderman Orr was absent when the vote was taken on this matter.
No. 479 - City Manager - Re: Widening and Reconstruction of Arad Street from
Drummond Road to Brant Avenue and Skinner Street from DrLumnend Road to Brant
Avenue, Drummond South Redevelopment Area. The report recommends passage of
a by-law to authorize the undertaking of the subject works.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
See By-law No. 78-188
NOTE: Alderman err was absent when the vote was taken on this matter.
No. 480 - City ~mnager - Re: Regional Co-operative Fuel Oil Heating Tender 1978-79.
The report recommends the acceptance of the low price submitted by St. Catharines
Fuels for the supply of domestic fuel oil.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobel, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 87
NOTE: Alderman err was absent when the vote was taken on this matter. ~
No. 481 - City Manager - Re: Contract R.C. 14-78, Road Reconstruction and'Storm
Sewer and Watermain Construction in Drummond South Neighbourhood Improvement
Area East of Drummond Road. The report recommends acceptance of the low '~ender
submitted by Hard-Rock Paving Co. for the subject contract.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Jaluvka, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 88
See By-law No. 78-189
NOTE: Aldermen Orr and MacBsin were absent when the vote was taken on
this matter.
No. 482 - City Manager - Re: Contract S.S. 15/78, Storm Sewer Construction on
Brooks Street and Swayze Drive and Storm Sewer and Watermain Construction on
Maitland Street. The report recommends acceptance of the low tender submitted
by L & N Construction Limited for the subject contract.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, .that
the report be received and adopted. Carried Unanimously.
See Resolution No. 89
See By-law No. 78-190
NOTE: Aldermen err and MacBain were absent when the vote was taken on
this matter.
No. 483 - City Manager - Re: Contract R.C. 16/78, Finished Road Construction in
Theresa Extension III Subdivision. The report recommends acceptance of the low
tender submitted by Steed and Evans Limited for the subject contract.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 90
See By-law No. 78-191
NOTE: Aldermen err and MacBain were absent when the vote was taken on
this matter.
No. 484 - City Manager - Re: Disposal of Surplus Municipal Lands. The report
recommends that the offer received from Mr. Philip Peruglue for parcels of land
shown as Nos. 2 and 3 on the sketch attached, be accepted and sold for a total
sum of $27,000.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Thomson, that
the report be received and adopted. Carried Unanimously,
NOTE: Aldermen err and MacBain were absent when the vote was taken on
this matter.
No. 485 - City Manager - Re: Bill 105 - The Municipal Licensing Act, 1978. The
report recommends that Council request the Province to give serious consideration
to amendin~ Bill 105 as it relates to the fees to be charged by municipalities
-6-
as the present limitations are completely unrealistic. The Province should
also be asked if it is prepared to amend the final legislation at periodic
intervals to reflect the increasing costs incurred by municipalities.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
NOTE: Aldermen Orr and MacBain were absent when the vote was taken
on this matter.
No. 486 - City Manager - Re: Main and Ferry Business Association Request for
Guide Signs. The report recommends that the Region be requested to consider
the erection of advance street name signs for Main Street both eastbound and
westbound on Lundy's Lane and Ferry Street, and the erection of guide signing
on McLeod Road at Stanley for this business district but that the other
locations requested not be signed.
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
No. 487 - City Manager - Re: Intersection of Dunn Street and Waters Avenue.
The report recommends that the necessary by-law for stop sign control at this
intersection be prepared to allow the erection of stop signs facing westbound
traffic on Dunn Street at Waters Avenue and that no stop sign be erected on
Waters Avenue at Dunn Street.
In response to a question raised by Alderman Thomson, the Projects and
Services Engineer stated that staff considered the action of Council hasty
approving a stop sign on Waters at Dunn. It was the feeling of both City and
Regional staff that the erection of a stop sign on Waters Avenue was
inappropriate in that it was a non-standard location where motorists would
not be expecting to stop. Alderman Thomson stated that the people in the aru
feel very strongly about this matter and should be given an opportunity to
comment on the report.
It was moved by Alderman Thomson, seconded by Alderman Mann, that the
report be tabled and the area residents notified to enable them an opportunity
to comment on the report. The motion Carried with Alderman Crows voting
contrary, and all others voting in favour.
No. 488 - City Manager - Re: Stop Signs. The report recommends preparation of
a by-law to allow the erection of stop signs: 1) facing both directions on
Mitchell at Freeman; 2) eastbound on Lincoln Road at Crowland Avenue; 3) both
directions on Pettit at Cropp; and 4) southeast bound on Lamont at Cattell.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
NOTE: Alderman Mann was absent when the vote w,s taken on
this matter.
No. 489 - Loan Review Committee - Re: Applications for Assistance. ~he report
recommends approval of twelve applications for assistance received under the
Oatario Home Renewal Program.
OP~DERED on the motion of Alderman Thomson, seconded by Alderman Sobol, that t~
report be received and adopted. Carried Unanimously.
NOTE: Alderman Mann was absent when the vote was taken on
this matter.
No. 490 - City Manager - Re: Building Permits. The report provides a breakdb~
of the permits issued by the Building & Development Department for the month
of August, 1978 as compared to 1977.
ORDERED on the motion of Alderman Themson, seconded by Alderman Dilts, that th~
report be received and filed. Carried Unanimously. '
NOTE: Alderman Mann was absent when the vote was taken on
this matter.
No. 491 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman Sobol, seconded by Alderman MacBain, that t~
report be received and adopted. Carried Unanimously.
NOTE: Alderman Mann was absent when the vote was taken on
this ~atter.
-7-
..LOT .2.3.~ .FALLS INDUSTRIAL PARK
It was moved by Alderman Thomson, seconded by Alderman Dilts, that Council
approve a three month reserve on Lot 23 in the Falls Industrial Park for Ground
Aerial Maintenance Service at the price of $11,000 per acre, and further that
the firm be allowed to fence the property and use same as a storage yard with
construction of a building to begin within one year of the date of closing of
the purchase. The motion Carried with Alderman Crowe abstaining on a conflict
of interest, and all other~'~v~ting in favour.
NOTE: Alderman Mann was absent when the vote was taken on this matter.
FOP~ERPOLICE BUILDING
It was moved by Alderman MacBain, seconded by Alderman Orr, that staff be
authorized to list for sale the former police building, and proceed with the sale
of the property subject to approval of City Council. The motion Carried with
the following vote:
ATM Aldermen Dilts, Fera, Jaluvka, D~cBain, Orr, Schisler, Sobol and Thomson.
~YE: Aldermen Chessman and Crowe.
NOTE: Alderman Mann was absent when the vote was taken on this matter.
RESOLUTIONS t
No. 85 - MANN - THOMSON - RESOLVED tha.t the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 78-186 for the rezoning
of lands east of Dorchester Road and south of Dawson Street, 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 Unanimously
No. 86 - THOMSON - MANN - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 78-187 for the rezoning
of 6959 Lundy's Lane, conforms to Official Plan Amendment No. 28 of the Niagara
Falls Planning Area, as amended and approved by the ~nister of Housing; AND
the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 87 -MANN - SOBOL - RESOLVED that the tender submitted by St. Catharines Fuels
for the supply of domestic fuel oil, be accepted at the tendered price of ~0.4550
per gallon; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 88 - CHEESMAN - JALDVEA - RESOLVED that the unit prices submitted by Bard-Rock
Paving Company Limited for road reconstruction and the construction of sewer and
watermains in the Dr,mmond South Neighbourhood Improvement Area east of Drummond
Road, be accepted at the tendered price of $258,364.82.; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously
No. 89 - THOMSON - SCMISLER - RESOLVED that the unit prices submitted by L & N
Construction and Excavating of Niagara Limited for the construction of a storm
sewer on Brooks Street and Swayze Drive and a storm sewer and watermain on Maitland
Street, be accepted at the tendered price of $209,978.85; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously
No. 90 - THOMSON - SCHISLER - RESOLVED that the unit prices submitted by Steed and
Evans Limited for the construction of finished roads in the Theresa Extension III
Subdivision, be accepted at the tendered price of $22,236.60; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously
BYe--LAWS
ORDERED on the motion of Alderman Thomson, seconded by Alderman Mann, that leave
he granted to introduce the follo~ing by-laws, and the by~laws be read a first
time:
No. 78'-186 - A By-law to amend By-law No. 2530, 1960 of the former Township of
Stamford, now in the City of Niagara ~alls, as amended. (AM-16/78,
Dorchester Village Subdivision).
8
No. 78-187 - A By-law to amend By-law No. 2530, 1960 of the former Township of
Stamford, now in the City of Niagara Falls, as amended. (AM-27/78,
E. & G. Rittman)
No. 78-188 - A By-law respecting the widening and reconstruction of certain str~
in the Dr,~mond South Redevelopment Area of the City.
No. 78-189 - A By-law to authorize the execution of an agreement with Hard-Rock
Paving Company Limited for the reconstruction of certain roads and
construction of storm sewers and watermains in the Drummond South
N$ighbourhood Improvement Area east of Drunmond Road. (R.C. 14/78)
No. 78-190 - A By-law to authorize the execution of an agreement with L & N
Construction and Excavating of Niagara Limited for the constructi0~
of a storm sewer on Brooks Street and Swayze Drive and a storm sew
and watermain on Haftland Street. (S.S. 15/78)
No. 78-191 - A By-law to authorize the execution of an agreement with Steed and
Evans Limited for the construction of roads. (R.C, 16/78)
No. 78-192 - A By-law to authorize a subdivision agreement with Dmytro Wultch)m
Jennie Wultchyn (Bonnie Subdivision).
No. 78-193 - A By-law to provide monies for general purposes.
Carried Unanimously
ORDERED on the motion of Alderman Schisler, seconded by Alderman Mann, that the
following by-laws be now read a second and third time:
No. 78-186 - 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-16/78~
Dorchester Village Subdivision).
No. 78-187 - 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-27/7a,
E. & G. Ritt~mn)
No, 78-188 - A By-law respecting the widening and reconstruction of certain str;
in the Dr,m~ond South Redevelopmeut Area of the City.
No. 78-189 - A By-law to authorize the execution of an agreement with Hard-Ro~
Paving Company Limited for the reconstruction of certain roads ~d
construction of storm sewers and watermains in the Drummond Sou~
Neighbourhood Improvement Area east of Drummond Road. (R.C. 14/78)
No. 78-190 - A By-law to authorize the execution of an agreement with L & N
Construction and Excavating of Niagara Limited for the constructt0
of a storm sewer on Brooks Street and Swayze Drive and a storm sew
and watermain on Maitland Street. (S.S. 15/78)
No.' 78-191 - A By-law to authorize the execution of an agreement with Steed and
Evans Limited for the construction of roads, (R.C. 16/78)
No. 78-192 - A By-law to authorize a subdivision agreement.with DmytrO Wultc~
Jennie Wultchyn (Bonnie Subdivision).
No. 78-193 - A By-law to provide monies for general purposes.
Carried Unanimous~Y
NEW BUSINESS
NIAGARA SOUTHBOARD OF EDUCATION SURPLUS LANDS
Alderman Thomson referred to a recent commanication from the Niagara South
Board of Education advising of surplus lands owned by the Board, and advised t~
he had received several calls regarding zoning of the various properties.
Alderman advised that many people are under the impression that all of the
are zoned for school cites, when in fact, the zoninB does vary from site to si~
Alderman Thomson requested that the Board be requested to determine the uses
be made of the sites prior to sale, and secondly that Council, or the planning
and Development Committee or area residents be given an opportunity to have
input into whatever development takes place. Alderman Chessman agreed that
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it should be clarified precisely what the zoning is on these sites, and that
people not think only in terms of school sites.
CONGRATULATIONS TO ALDERMAN ORR
His Worship, Mayor Bukator and the members of Council extended congratulations
to Alderman Orr on the birth of his daughter.
DRAFT ZONING BY-LAW
It was moved by Alderman Crows, seconded by Alderman Chessman, that staff
prepare a status and progress report on the draft zoning by-law. Carried Unanimously.
It was moved by Alderman Mann, seconded by Alderman Orr, that the meeting
adjourn to Committee of the Whole. Carried Unanimously.
READ AND ADOPTED,
MAYOR_
COMMITTEh.
Conmnittee Room #i
September 18, 1978
Council met in Committee of the Whole on Monday, September 18, 1978, following
a regular meeting of Council. All members of Council were present with the excep-
tion of Aldermen Fera and Stewart. Alderman err presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose and reported on the motion of Alderman Themson, seconded by Alderman MacBain.
Carried Unanimously.
tADOPTED,
MAYOR
COUNCI
"' Council Chambers
September 18, 1978
~ Council reconvened in open session on Monday, September 18, 1978, following
a meeting in Comtttee of the Whole. All members of Council were present with the
exception of Aldermen Fera and Stewart. His Worship, Mayor Bukator presided as
Chairman.
RESOLUTION
No. 91 - THOMSON - MACBAIN - RESOLVED THAT WHEREAS notification has been received
from the Ministry of Rousing regarding the allocation of funds to be used in con-
nection with the Community Services Grant Programme for the period July 1, 1978
to March 31, 19787 and
WHEREAS October 1st, 1978 has been established as the deadline for allocating
funds for the said Community Services Grant Programme for the period July i, 1978
toM arch 31, 19797
NOW THEREFORE BE IT RESOLVED that the City of Niagara Falls submit an application
to the Honedtable Claude R. Bennett, Minister of Rousing, for the approval of the
projects listed below to an estimated cost of $2,500,000.00 with the Federal
Government to pay 50% of the cost and the Provincial Government to pay 25% of the
cost and the City to pay 25% of the cost, for the purposes of the Community Services
Grant,Programme for the period July 1, 1978 to March 31, 1979:
PEOJECT
Construction of an 84-inch to 96-inch
diameter storm sewage tunnel from Dr~mend
ESTIMATED COST
81,500,000
..... 10
- t0 -
Road to H.E.P,C. canal along the H.E.P.C.
tower line within Township Lots Nos. 157 & 158
of the former Township of Stamford now in the
City of Niagara Falls.
Improvements to the Niagara Falls Memorial
Arena.
Deepening and concrete lining of the existing
new Little Mississippi drain from Willoughby
Drive to the Niagara River in Concession 1
Township Lots Nos. 21, 22 and 23 of the former
Village of Chippawa, now in the City of Niagara
Falls.
; AND the Seal of the Corporation be hereto affixed.
300,000
700,000
$2,500,000
Carried Unanimously
TWENTY-FOURTH MEETING
Committee Room #1
October 2, 1978
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole on Monday, October 2, 1978 at
6:30 p.m. All members of Council were present. Alderman Stewart presided as
Chairman. ,
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
READ AND ADOPTED,
It was moved by AldermanMann, seconded by Alderman Orr that the meeting
adjourn. Carried Unanimously.
READ AND ADOPTED,
MAYOR
MAYOR
Council Chambers
October 2, 1978
Council met on Monday, October 2, 1978 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 Sobol offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fera, seconded by Alderman Sobol, that
the minutes of the meeting held on September 18, 1978, be adopted as printed.
Carried Unanimouply.
UNFINISHED BUSINESS .
PROPOSED SMOKING BY-LAW
Report No. 450 - City Manager - The report which was tabled by Council at ~he
meeting held on September 5, 1978, is re-submitted for the consideration of City
Council.
Mr. K. Milne of the Chamber of Commerce, was granted permission to address
Council on the motion of Alderman MAnn, seconded by Alderman Cheesman. Mr. Milne
stated that in the four weeks since Council last discussed the proposed by-law,
the Chamber of Commerce had been actively seeking additional information to
determine if the views previously expressed by the Chamber, represent the majority
of the business community. Mr. Milne stated that the Chamber remains convinced
that opposition to the by-law is the majority opinion. Discussions with business
people has revealed strong opposition not only for the fact the by-law requires
a proprietor to confront smoking clientele, but the natural and strong opposition
to any increased legislation. The proposed by-law will affect virtually all
businesses. Although the by-law provides that motels, hotels, restaurants,
reception areas and retail establishments may designate no-smoking areas, the
requirement that all service lines shall introduce no smoking regulations affirms ~
that all those elective businesses will be required to observe the regulations.
Where two or more persons are lined up for service in a motel lobby, they shall
not smoke, yet others in the immediate area may because they are utilizing the
reception area. The proposed by-law states that retail establishments selling
clothing or souvenirs are exempt, if they too have service lines at their cash
registers, they must comply with the ban. It had been stated in the past that
enforcement or confrontation by proprietors and their staff with their customers
would not be required, the by-law requires that a staff member who observes any
person smoking in violation of the by-law must request that person to stop
smokin~ at once. Failure to comply requires such employee to report the violation
to the proprietor who in turn, when considered necessary: must request such a
person to leave the premises forthwith or he may notify a by-law enforcement
officer. FAr. Milne stated that if this procedure is not considered to be
mandatorys all reference to the procedure should be eliminated from the by-law
for fear that at some time in the future, a proprietor could be charged under
Ii
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this section if interpreted by the courts as being obligatory. If it is intend~
to be obligatory, then this definitely places the business people in confrontati.
with their paying customers and meets with the strong objection of the Chamber.
Mr. Milne referred to individuals from Toronto supporting the introduction of
the by-law in Niagara Falls, and suggested that perhaps the situation and
requirements may be different in that municipality which experiences a far high~
density of automobiles, people and industrial pollution than is realized in
Niagara Falls. The question was also raised as to whether or not a municipal
by-law enforcement officer has authority to enforce the proposed by-law on other
levels of government, such as in the Federal Government offices, Regional
Niagara and Police facilities and schools. Mr. Milne felt that if the municip~
does not have this power to enforce controls within facilities provided with tu
dollars, why should the City have the right to exercise greater powers on
property owned by private individuals throughout the business conmunity. While
the intent to restrict smoking in crowded places was acknowledged, the Chamber
of Commerce felt the proposed method to achieve this goal was most objectionabl~
and that City Council and staff have far more important duties. Mr. Milue
stated that Council may not be aware of the costs to be incurred by the City ~
printing and distribution of signs, instructing the business community to
ensure compliance, and interpretation of questions raised on the definition of
service lines within reception areas. It was felt that voluntary programmes
decreed by management banning smoking on certain premises would be just as
successful a deterrent as the proposed by-law. Mr. Milne suggested that if
Council intends to pass the by-law, all reference to proprietors and their staff
having to become involved in enforcement beyond simply posting of signs, be
removed from the by-law. It was also suggested that the business community be
permitted to elect to be controlled by the revised by-law. In this way, a
proprietor may obtain the signs from the City and in so doing, has elected to
comply with the by-law. With those amendments, Mr. Milne advised that the
Chamber of Commerce could reluctantly agree with the proposed by-law, however
it was the Chamber's hope that Council would abandon all attempts to introduce
such a by-law.
Mr. G. Mahood of the Non-Smokers' Rights Association was granted permissk
to address Council on the motion of Alderman Mann, seconded by Alderman Cheesmr
Mr. Mahood advised that the Non-Smokers' Rights Association with over three
thousand members across Canada, represented the v~ews of the citizens of Niagara
Falls as well as Toronto, St. Catharines or any other municipality. In response
to comments raised regarding the concerns of private businesses, Mr. Mahood
stated that some of the largest corporations in the country have come behind
the organization with financial support and to suggest the private sector is
opposed to such legislation would be to mistake the f-acts. While the short tel:
effects of smoking are well known, what is less well known are the long term
effects. Two incidents best illustrating long term effects of tobacco smoke
involve Air Canada and Bell Canada. Air Canada officials were asked if theyha
experienced any problems with smoking other tha~the normal problems, and it
was indicated that premature flight deck instrumentation failure had been
experienced as a result of tar and nicotine coating of components. Bell Canada
had stated that smoking is no longer permitted in the vicinity of switching
computer equipment as tar and nicotine build-up has caused equipment failure.
On the question of infringement on the rights of smokers, Mr. Mahood stated tt
contrary to removal of certain people's rights, such legislation restores right
to the majority of the population who do not smoke and whose rights have not
been recognized in the past. When considered in this light, smokir~ is a
privilege and if through abuse affects the health of others, that privilege c~
be withdrawn. Mr. Mahood felt there were three essential points to such a by4
1) Conspicuous placement of signs; 2) Self-regulation of the provisions of the
by-law; and 3) Legality of the by-law. With respect to self-regulation, it ~s
stated that the onus of enforcement must be on the proprietor of a place of h~
It would be almost impossible to have police and by-law enforcement officers
charged with this responsibility since by the time such an official reaches tN
scene of a violation, the smoker has left or the cigarette has been estinguis~
In cementing on the legality of the by-law, Mr. Mahood stated that the provi~
of ontario has left such legislation to municipalities. While there is do~t
on the ~urisdiction of the by-law, it was felt the by-law should be passed and
the matter of Jurisdiction should be left to the courts to decide. With respec
to the City~e proposed by-law, Mr. Mahood suggested several areas that could
cause the City problems. On the preamble, under Section 242 of The Municipal
Act, municipalities may pass laws dealing with matters of pablic health, and
since smoking has been established as a health hazard, Mr. Mahood felt that
Council should include reference to that section as being the reason for pass~
of the by-law, The section of the by-law dealing with retail food stores inch
a clause stating that where a prop. rietor considers a smoking prohibition neces;
regulations could be imposed, Mr, Mahood felt this clause destroys an essenti=
-3-
step in the enforcement process. Also under retail shops, the by-law states
that no smoking areas may be designated, which defeated the whole purpose of
the by-law, by allowing proprietors an opportunity to opt out of the provisions
of the by-law. In the Toronto by-law, a similar clause was contained respecting
restaurants, and 99% of the proprietors have opted out, and where they decided
to provide smoking areas, 95% of the area was designated for smoking patrons.
Since non-smokers represent over 70% of the population, .Mr. Mahood felt that
a 50% division would have been overly fair. With respect to the section dealing
with hospitals, ~k. Mahood advised that Toronto General Hospital decided as a
matter of policy to not erect signs prohibiting smoking. The Hospital was
convicted under the by-law and the policy was changed immediately. Mr. Mahood
repeated the importance of the onus of enforcement being on the proprietor.
It was also suggested that the $100 fine would not be a significant penalty,
and that Council should consider increasing the fine possibly between $200 and
$500. Mr. Mahood stated that Council has public support and hoped that the
special committee would consider the possibility of re-drafting the by-law to
incorporate a number of the suggestions made.
Alderman Cheesman commented that it was rather interesting that the Chamber
of Commerce had originally expressed opposition before the proposed by-law had
achieved any form of draft. The Alderman stated that he understood the concern
of proprietors, but for every proprietor there are five hundred customers
who have as much concern as the proprietors themselves. Reference was made to
the "No Smoking" sign in the Council Chambers, and the significance of the fact ~
that people do not smoke in the Chambers because of that sign. The Alderman
felt the strength of the by-law is the sign and that people will abide by that
sign. While it was agreed that the byLlaw is another form of legislation on the
business community, the by-law will have great benefit to the community and should
be considered not a tax burden but a benefit. With respect to the question on
motel lobbies, Alderman Cheesman stated that it is because of such small spaces
that there must be some kind of protection. In response to Mr. Mahood's comments,
the Alderman felt his points were very well taken and that the by-law should be
referred back to the committee. Alderman Cheesman recognized that "where necessary"
did leave too much doubt, but pointed out that this concession had been made to
the business conununity because of the tourist oriented nature of Niagara Falls.
Due to the time involved in re-drafting the by-law, Alderman Cheesman pointed out
that the matter may have to be finally dealt with by the next Council.
Alderman Dilts stated that he supported the idea of discouraging smoking,
however he did not see how the City could pass a by-law and expect private
citizens to be responsible for enforcement.
Following further comment, it was moved by Alderman Crowe, seconded by
Alderman Cheesman that the proposed by-law he referred back to the special
committee for re-drafting. The motion Carried Unanimously.
It was moved by Alderman Thomson, seconded by Alderman Fera, that the first
and second reports, and third and eighth communications be brought forward for
consideration at this time. Carried Unanimously.
REPORTS
No. 492 - Planning & Development Committee - Re: AM-30/78, S. Todd, 9874 Willoughby
Drive. The report recommends denial of the application to allow the operation of a
towing business and permit the storage of vehicles on the subject property.
Mr. A. Henderson, solicitor for the applicant, was granted permission to
address Council on the motion of Alderman Mann, seconded by Alderman Dilts. Mr.
Henderson referred to a survey he had circulated of the Todd property, showing
the property to be 115' x 557' running easterly from Willoughby Drive. On the
property there is a sheet metal and concrete block building which is 300' back
from Willoughby Drive. The cars stored on the property are kept to the rear of
that building and are not visible from Willoughby Drive. Mr. Henderson referred
to the Chippaws Secondary Plan recently presented to Council for review, does not
indicate any residential near this property for the next twenty years. It was
also pointed out that the position of the Todd property near the Canadian Niagara
Power Company lines does not lend itself or the surrounding properties to
subdivision development. With respect to the objections raised regarding site
Pollution, Mr. Henderson stated that a properly implemented by-law could include
a peEk. anent fence around the area storing vehicles which would resolve this problem.
The 'owner of .the property most directly affected by the=use being made of the Todd
property, Mr. Willick, has indicated his support of the application. It was
pointed out by Mr. Henderson that the individuals who have purchased properties
near the Todd property knew the business was in operation, but now appear
complaining of the business. Mr. Henderson further stated that Mr. Todd's
business has provided a service to the residents of Chippawa, the Ontario
Provincial Police and Regional Police. Since Mr. Todd's business was not the
only business in the area to be operating contrary to the zoning by-law,
Mr. Henderson felt to deny the application would be to discriminate against a
taxpayer in the connnunity. Mr. Todd had invested a substantial amount of mone~
in building up the business, and to now allow the rezoning would create undue'
hardship to the applicant. Mr. Henderson advised that in 1977, more than
of Mr. Todd's income was from the towing business, and if the business were
stopped, he would be unable to properly support his wife and children. In
response to a comment made that Mr. Todd relocate the business, Mr. Henderson
advised that the cost would be prohibitive. Questions had also been raised
on what zoning the use should be considered, industrial, commercial or rural.
Mr. Henderson stated that because City staff had felt the zoning should be
changed to industrial, the Planning & Development Committee had denied the
application. There are other similar businesses in the City that are zoned
commercial, and Mr. Henderson felt Mr. Todd's request for a commercial zoni~
was reasonable. It was further pointed out that under the existing rural
zoning, there are many uses that could be more likely to cause devaluation of
property than the use intended by Mr. Todd. In summary, Mr. Henderson rec
that Council approve the application.
Mr. J. Matthews was granted permission to address Council on the motion ~[
Alderman Mann, seconded by Alderman Dilts. Mr. Matthews advised that he
represented Paramount Properties who in 1974 purchased the majority of the
on the west side of Willoughby Drive taking up the entire frontage opposite
subject application. The firm has invested over $300,000 including property
costs, interest and taxes, and intend to develop the area for residential
when the proper time comes. Mr. Matthews advised that his client was object~
on the basis of a spot industrial rezoning opposite a residential development~
would materially affect the value of the development. It was felt that if an
industrial towing service was needed in the area, it could be located
Mr. Matthews also pointed out that by rezoning the property, some of the most
obnoxious uses permitted under the zoning by-law-e~uld be established
If the property were resold as an industrial property, whatever uses permitted
under the industrial zoning would be legal and permissable on the property.
Mr. Matthews also felt that Council must consider whether or not the Planning
and Development recommendation was the correct decision, and not base its
decision on whether or not Mr. Todd would be put out of business.
Alderman Dilts commented that he had visited the property and confirmed
that all of the vehicles stored on the property are located behind the
The Alderman also questioned why the industrial zoning was considered more
appropriate by staff than the commercial. Alderman Dilts stated that he did
not want to see Mr. Todd put out of business, and hoped that some way could be
found to allow the business to continue. Alderman Orr stated that since no
residential development is proposed in that area for at least twenty years,
the fact that Mr. Todd has been in business for a number of years should be
considered. It was felt that any type of residential development would he
dealt with on its merits when the need is established f. or ~ousing in this
of the City. ·
AldermanMann stated that he did not condone the operation of the
contrary to the zoning by-law, however suggested that the entire problem cou~
be solved with the submission of a site plan by Mr. Todd, to be drawn up with
the assistance of the City showing an appropriate fence.
Following further comment, it was moved by Alderman Crows, seconded by
Alderman Stewart, that the report be tabled and referred back to the
and Development Comm4ttee for a site plan showing an appropriate fence, and
that comments be obtained from staff on the type of permissive zoning
that would afford the necessary protection to the surrounding property owners.
The motion Carried with Alderman Chessman voting contrary, Alderman MacBain
abstaining on a conflict of interest, and all others voting in fayour.
No. 493 - Planning & Development Committee - Re: AM-32/78, J. McKinnon, 4337
Fourth Avenue. The repor~ recommends denial of the application for a rezoni~
permit a food processing operation.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orrs that the
report be received and adopted. ~arried Unanimously.
-5-
COM)IONICATIONS
No, 149 - Mr. W.E. Hiller - Re: Application for Assistance. The con~unication
advises of difficulties experienced with respect to an application for assistance
for repairs to the property at 5651 Belmont Avenue.
Mr. W. Hiller was granted permission to address Council on the motion of
Alderman Thomson, seconded by Alderman Jaluvka. Mr. Hiller reviewed the contents
of his letter and stated that he felt he should receive some assistance from the
City. The Renewal Co-ordinator outlined the conditions under which O.H.R.p. loans
are made and advised Council that he was unable to authorize assistance to Mr. Hiller
since the work was started before the application for assistance was made. In
response to a question raised hy Alderman Schisler, the Renewal Co-ordinator
also indicated that he had been unable to provide assistance because no estimates
had been received. During consideration of this matter, several members of
Council felt that there should be a procedure to assist home owners under the
Ontario Home Renewal Programme who wish to carry out the necessary work on their
homes themselves.
Following further discussion, it was moved by Alderman Crowe, seconded by
Alderman Schisler, that the matter be referred to staff for the preparation of
a report. Carried Unanimously.
No. 150 - Residents and Merchants of the Victoria Avenue/Centre Street/Walnut Street
and Kitchener Street Area - Re: Proposed Farrig Wheel, Maple Leaf Village..The
communication sets out the objections of the residents and merchants of the area
to the proposed farrig wheel and outdoor amusement park site on the former Oneida
property,
ORDERED on the motion of Alderman Crowe~ seconded by Alderman Sobol, that the
petition be tabled and referred to Committee of the Whole since a number of
issues have been brought to the attention of Council concerning personnel and
litigation respecting the York Harmover application, and that a full report be
submitted to Council covering all aspects of the matter. The motion Carried
with Alderman Orr voting contrary and all others voting in fayour. ~
UNFINISHED BUSID~SS
CONRAIL STORM DRAINAGE CHANNEL
Report No. 494 - City Manager - The report recommends passage of two by-laws,
one to amend By-law No. 75-196 to reflect a change in the alignment of the proposed
storm drainage channel, and secondly to authorize an agreement with Ten Parrhers
Limited since the change of the alignment now requires an easement over certain
lands owned by Ten Partners Limited.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that the
report be received and adopted. Carried Unanimously.
See By-laws 78-194 and
78-195
NIAGARA SOUTH BOARD OF EDUCATION - SURPLUS BOARD PROPERTIES FOR SALE
Report No. 495 - City Manager - The report recommends: 1) That Council indicate
to~ the Bchool Board an interesting in purchasing a minimum of 4.3 acres on the
Dunn Street sit~ and request an indication of the land costs; 2) That the City
process a zoning amendment with the concurrence of the School Board to permit
only low density residential or compatible institutional development on the
Dorchester Road south site, or that the School Board make rezoning of the Dorchester
Road site as indicated above, a condition of sale of that site; and 3) That Council
indicate to the School Board the importance of publicizing their action to nearby
residents and offer to assist by holding a public meeting with the Planning and
Development Con~ittee.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the
report be received and adopted. Carried Unanimously.
REQUEST FOR SITE - "PARTICIPATION HOUSE - NIAGARA"
Report No. 496 - Alderman C. Chessman - The report recommends that City Council
notify the Niagara South Board of Education of the interest expressed in the
Dorchester Road/Freeman Street site (Block "C", R.P, 245) and that the Board be
asked to withhold the sale of this parcel until the Niagara District Homes
Cor~aittee for the physically disabled Inc. has had an opportunity to finalire
their investigations,
OEDERE~ on the motion of Alderman Chessman, seconded by Alderman Dilts, that the
~eport be received and adopted. Carried Unanimously.
-6-
INTERSECTION OF DUNN STREET ARD WATERS AVENUE
Report No. 487 - City Manager - Re: Intersection of Dunn Street and Waters
Avenue. The report recommends that the necessary by-law for stop sign control
at the subject intersection be prepared and that no stop sign be erected on
Waters Avenue at Dunn Street.
AND
Communication No. 151 - Mr. R.J. Pullone - The communication advises that
contrary to the information contained in the report, step signs have been erects
at the intersection of Dunn Street and Waters Avenue and white lines painted to
indicate the stopping area for approximately six weeks. The communication
further advises that conditions have improved considerably since erection of the
stop signs.
Alderman Thomson stated that Council had agreed several weeks ago to erect
stop signs at the intersection of Dunn Street and Waters Avenue, and that the
signs had been erected approximately six weeks ago. The Alderman questioned the
fact that the report indicated the erection of a stop sign on Waters Avenue
would be contrary to policy, and yet the signs had been erected prior to,w-riti~
of the report.
It was moved by Alderman Thomson, seconded by Alderman Mann, that the
Regional Municipality of Niagara be advised that Council still requests approval.
of the original by-law as submitted. Carried Unanimously.
DRAFT ZONING BY-LAW
Report No. 497 - City Solicitor - The report provides information on the stat~
of the draft zoning by-law, and thematters that require resolution before
incorporation into the by-law. The report also indicates that due to staff
involvement in nomerous special projects, emergencies and the upcoming hearings
on the Regional Policy Plan, it is not possible to give an accurate estimate
as to when the revised draft will be entirely completed.
Alderman Crows expressed disappointment with the contents of the report.
The Alderman felt the report could have been more specific, including a timerS!
containing a schedule of dates, etc. Alderman Chessman also expressed concem
that the draft by-law had not yet been presented to Council and felt that actisz
should be taken to ensure some productivity, even if it meant hiring addlti0n~
staff.
Following further comment, it was moved by Alderman Crowe, seconded by
Alderman Fore, that a further report be submitted to Council outlining details
of scheduling respecting dates, and including a firm indication of when the d~
by-law would be presented to City Council. Carried Unanimously.
COMMUNICATIONS
No. 152 - Ministry of Housing - Re: Annual Housing Review. The communication
requests that the City complete the review and return same prior to December 1,
1978.
ORDERED on the motion of Alderman Thomson, seconded by Alderman MacBain, that
the matter be referred to staff for completion of the required data and that
the Ministry of Housing be asked to extend the completion date of December 1,
1978 in view of the amount of detailed information required. Carried Unanim~s
No. 153 - Mr. M. Scotdine - Re: Bus Service Sylvia Place Market. The communica'
expresses concern over a proposal to move bus service from Main Street to Sylvi'-
Place Market.
AND
No. 154 - Greater Niagara Transit Commission - Re: Bus Service Sylvia Place Mar'
The communication advises that the Commission feels it i8 not possible to use ~
Pl~ce as an alternative to Main Street.
Aldemman Thomson indicated that further discussion on this matter would
place at the next Municipal Parkin~ Committee meettn~ to be held on October
1978.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, tha~
the c~mmunications be referred to the Municipal Parkin~ Committee, that Mr. See
'be forwarded a copy of the letter from the Transit Conmnission, and that an i~
tion be extended to Mr. Scotdins to attend the Parking Committee meeting.
Carried Unanimously.
No. 155 - Regional Municipality of Nia2ara - Re: Railway Relocation Study.
communication provides a progress report with respect to the Railway Relocstio~
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Study for the City of Niagara Falls.
ORDERED on the motion of Alderman Mann, seconded by Alderman ~omson, that the
communication be received and filed. Carried Unanimously.
No. 156 - Regional Municipality of Niagara - Re: 1979 Budget Guidelines. The
communication provides information on the guidelines adopted by the Regional
Municipality of Niagara with regard to the 1979 capital and current budgets.
Alderman Sobel inquired as to when the proposed meetings would be held
between City staff and members of Council on municipal financing. The City
Manager indicated that s meeting would likely be held before the end of October
on this matter. It was further indicated that arrangements will be made to
schedule meetings with the Board of Education and the Region.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the
communication be received and filed. Carried Unanimously.
No. 157 - Regional Municipality of Niagara - Re: Request for Traffic Signals
at Thorold Stone Road and Kalar Road. The communication advises that the Regional
Public Works & Utilities Committee will be recommending to Regional Council
that the City be advised that the Region has carried out a traffic study at the
subject intersection and has determined that the installation of traffic signals
is not warranted at this time.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the
communication be received and filed. Carried Unanimously. . ~
No. 158 - Downtown Board of Management,- Re: Auto Show on Queen Street. The
communication requests that Queen Street be closed to traffic from Erie Avenue
to St. Lawrence Avenue from 9:00 a.m. to 5:30 p.m. on October 14, 1978, and that
free parking be allowed on this day on all parking lots and street meters in the
Downtown area.
The City Solicitor advised Council that the proper procedure in having a
street closed is provided in the Municipal Act, requiring that a notice of closure
be published in the newspaper once a week for four consecutive weeks. It was
further advised that under the circumstances there was insufficient t/me to
follow this procedure, and since the road is being closed for a full day, the
City Solicitor felt the proper procedure should be followed.
ORDERED on the motion of Alderman Crowe, seconded by Alderman Thomson, that the
request be approved. Carried Unanimously.
No. 159 - Niagara South Oldtimers Hockey Club - Re: Niagara South Oldtimers Hockey
Tournament. The communication requests permission to serve alcoholic beverages
during the tournament.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Dilts, that the
request be approved subject to approvals being obtained from the Niagara District
Health Unit, Niagara Regional Police, Niagara Falls Fire Department and the
Liquor Licenee Board of Ontario. Carried Unanimously.
REPORTS
No. 499 - Recreation Commission - Re: Picnic Shelters at Riverview Park. The
r~port recommends that permission be granted for the Chippaws Kinsmen Club to
e~ect two picnic shelters at Riverview Park.
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
No. 500 - Recreation Commission - Re: Community Resources Centre Policy Manual.
The report recommends: 1) Approval of the Community Resources Centre Policy Manual;
2) Confirmation of the appointment Mr. W.B. Moves, Mr. J. Prentice and Mr. N. Ross
for a one year term, Mr. W. Hague, Mr. P. Cummings and Mr. N. Tubbe for a two year
term to the Centre Committee of the Community Resources Centre; and 3) That
Alderman MacBain remain Council's representative on the Centre Committee until
after the Municipal election, following which, an aldermanic appointment be made
to the Committee for a two year term.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that the
report be received and adopted. Carried Unanimously.
No. 501 - Recreation Commission - Re: Niagara Falls Curling Club Roof. The report
recommends that Council approve a grant of $1,025 to the Niagara Falls Curling
Club for repair to the Curling Club roof, such funds to be taken from the Recreation
Commission budget account for community 6rants.
-8-
The Director of Recreation advised Council that the Curling Club is in
the process of changing to a non-profit organization. At that time, the Ci~
will qualify for a Wintario grant.
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that the
report be approved subject to the Niagara Falls Curling Club becoming a non-pro
organization. The motion Carried with Alderman Crows voting contrary, and all
others voting in favour.
No. 502 - City Manager - Re: School Crossing Guard, Willoughby Drive and Abetee=
The report recommends that the City Manager be authorized to establish a daily
school crossing guard at the subject location.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that the
report be received and adepted. Carried Unanimously.
No. 503 - City Manager - Re: Municipal Engineers Association 19th Annual Fall
Workshop. The report recommends that three members of the Municipal Works
Department be authorized to attend the sub3ect workshop to be held in Peterb0re
from November 21 - 24, 1978.
It was moved by Alderman Sobol, seconded by Alderman Chessman, that only
two members of the Municipal Works Department be authorized to attend the subje
workshop, and that the report as amended, be received and adopted. The motion
was Defeated.
It was then moved by Aldermen Thomson, seconded by Alderman Sobol, that0n
one member of the Municipal Works Department be authorized to attend the subjet
workshop, and that the report as amended, be received and adopted. The motion
Carried w~th Alderman Chessman voting contrary, and all others voting in fav0~
No. 504 - City Manager - Re: Lapse of Draft Approval, Rainbow Gardens Subdivisi
The report recommends that Council agree to a twelve-month extension of the
draft approval of the subject subdivision to October 10, 1979, and that the
Ministry of Housing, Subdivisions Branch be notified accordingly.
ORDERED on the motion of Aldermen Thomson, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 505 - City Manager - Re: Possible Purchase of-B~operty, 3073 St. Paul Avenc
The report advises of the availability of land adjacent to the Stemford Presbyt
Cemetery and the suggestion by the firm of Holt Real Estate that the City cons/
the acquisition of the property for cemetery purposes. It is recommended that
firm be thanked for their interest in offering the site to the Municipality,
that the offer be not accepted.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 506 - City Manager - Re: Provision of Road Frpntage, Lots 444 and 445, C011
Crescent. The report recommends passage of a by-law to authorize the acquisiti
of land by the City to establish as a public highway on the westerly side of
College Crescent.
ORDERED on the motion of Alderman Cheesman, seconded hy Alderman Dilts, that
the report be received and adopted. -Carried Unanimously.
S__ee By-law No. 78-i
No. 507 - City Manager - Re: Agreement between the City and Phase 4 Development
Ltd. - Consent Applications B-420(76) and B-421(76) of the Regional Land Divisi
Committee. The report reconunends passage of a by-law to authorize an agreemenl
with Phase 4 Developments Ltd. to provide for the payment of impost fees and
construction costs (including engineering and inspection fees) for the installs
o£ 165' of 10" diameter sanitary sewer and necessary appurtenances on Leader
ORDERED on the motion of Alderman Maun~ seconded by Alderman Sobol, that the
report be received and adopted, Carried Unanimously.
, See By-law No. 78_f1
No. 508 - CityManager - Re: Moretta Estates Revised Subdivision. The report
recon=nends preliminary approval of the revised plan subject to six conditions.
ORDERED on the motion of Alderman Thomson, seconded by Alderman FeTe, that the
report be received and adopted. Carried Unanimously.
No. 509 - City Manager - Re: Transfer of Roads South of Welland River in Area~
:Highway Q.E.W. and Lyons Creek Road Interchange. The report ~econ~nends passage
of a resolution assuming Jurisdiction of certain portions of roadways by the6!
as a result of construction of the subject interchange~ and further that staff
review the appropriate traffic by-laws that may be affected by the transfers.
O~DEREDon the motion of Alderman Thomson, seconded byeAlderman Schieler, that
report be received and adopted. Carried Unanimously.
See Resolution
- 9-
No. 510 - City Solicitor/Planning Director - Re: O.M.B. Hearing on the Regional
Niagara Policy Plan. The report recommends that the City retain two of the
consultants responsible for the preparation of the Shriner's Creek Environmental
Impact Study to review their studies and reports and be available to give evidence
at the hearing, and that Council approve an expenditure not to exceed $4,000 for
the consultants' fees.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 511 - City Manager - Re: Ryerson Market Redevelopment Area. The report
recommends passage of a resolution authorizing an application for contribution
toward the Neighbourhood Improvement Program implementation stage, and the
passage of a by-law to adopt a Redevelopment Plan for the Ryerson/Market
Eedevelopment Area.
Alderman Chessman expressed concern over the method of approach that would
be made to the residents in the area whose properties would be affected, and
suggested the possibility of tabling the report until further information was
available. The Renewal Co-ordinator advised that this matter was to be
considered further by staff, and it was hoped that a steering committee composed
of members of Council and staff could prepare a type of approach to be made to
the residents regarding any necessary property acquisition. It was further
advised that should difficulties be encountered with property acquisition,
consideration could be given to re-allocation of the funds for works to be
carried out in another area of the Redevelopmerit Plan.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 92
See By-law No. 78-198
No. 512 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 92 - THOMSON - MANN - RESOLVED that the Council of the Corporation of the
City of Niagara Palls hereby authorizes:
1) The submission of an "Application for Contribution - Neighbourhood Improvement
Program Implementation Stage" to the Ministry of Housing for a Federal contribu-
tion of $703,664.29 and a Provincial contribution of $351,832.15 under the
terms of Part III- 1 of the National Housing Act and pursuant to the agreement
entered into between the Province of Ontario and Central Mortage and Housing
Corporation dated October 2, 1978 and Section 24 of The Planning Act, Province
of Ontario, to assist in implementing the Ryerson Market Improvement Plan.
2) The submission of an application for an accountable advance of $140,732.00
from the Federal Government and $70,366.00 from the Provincial Government
and an agreement to account for this amount and to apply for further
payments through the submission of certified statements.of implementation
expenditures on a quarterly basis to the Province;
; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 93 - THOMSON - SCHISLER - RESOLVED THAT WHEREAS the Ministry of Transportation
and Communications has requested the City of Niagara Falls to assume ownership
and responsibility for certain roads constructed by the Ministry of Transportation
and Communications in'conjunction with construction of the Q.E.W./Lyons Creek Road
Interchange;
AND WHEREAS the City deems it advisable to assume the subject roadways;
NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of
Niagara Falls confirms its approval of the assumption
1) Widenlogs of the cul-de-sacs terminating Rexinger Road on the east
and west side of the Q.E.W.
2) A portion of Service Road No. 1 from its intersection with the south
limit of Lyons Creek Road southeasterly, ending at Station 7+50.
3) The remainder of Service Road No. 1 from Station 7+50 southeasterly
tying into the road allowance (Doll Road).
~) Service Road No. 2 from its intersection with the north limits of
Lyons Creek Road westerly to road allowance (Dell Road).
5) Old Lyons Creek Road (proposed to be named Dyment Crescent) from
approximately Station 17+00 south side of Lyons Creek Road, westerly,
terminating with a col-de-sac.
..... 10
- 10 -
AND BE IT FURTHER RESOLVED that the Ministry of Transportation and Connnunicaticc
be notified of Council's action in this respect; AND the Seal of the Corporati~
be hereto affixed.
Carried Unanfmousl_~
BY-LAWS
ORDERED on the motion of Alderman Crows, seconded by Alderman Chessman, that lea
be granted to introduce the following by-laws, and the by-laws be read a firsit
No. 78-171 - TABLED
No. 78-194 - A By-law to amend By-law No. 74-196 to authorize the constructi0ni
improvements and extensions to the sewage system in the urban sen'i
areas of the City.
No. 78-195 - A By-law to authorize an agreement with Ten Partners Limited for
acquisition of a permanent easement for the purpose of a storm
channel.
No. 78-196 - A By-law to provide for the acquisition and establishment of cert;~
lands as part of College Crescent.
No. 78-197 - A By-law to authorize an agreement with Phase 4 Developments Lid.
No. 78-198 - A By-law to adopt a Redevelopmeet Plan for the Myerson-Market
Redevelopment Area.
No. 78-199 - A By-law to provide monies for general purposes.
Carried Unanimously
ORDERED on the motion of Alderman Sobol, seconded by Alderman Crows, that the
following by-laws be now read a second and third time:
No. 78-171 - TABLED
No. 78-194 - A By-law to amend By-law No. 74-196 to authorize the constructi0nc
improvements and extensions to the sewage system in the urban senli
areas of the City.
78-195 - A By-law to authorize an agreement with Ten Partners Limited for~t
acquisition of a permanent easement for the purpose of 'a storm dr~
channel.
No. 78-196 - A By-law to provide for the acquisition and establishment of certai
lands as part of College Crescent.
No. 78-197 - A By-law to authorize an agreement with Phase 4 Developments Lid.
No. 78-198 - A By-law to adopt a Redevelopmeet Plan for/he Ryerson-Market
Redevelopmerit Area. -
No. 78-199 - A By-law to provide monies for general purposes~
Carried UnahimouslY
NEW BUSINESS
MUNICIPAL LANDFILL SITE
Alderman Thomson stated that he had discussions with .officials of two other
municipalities and a salvage operator recently respecting the dumping of salvagr
material, such as refrigerators, stoves, etc., in municipal landfill sites. ~
Alderman stated that at Some municipal landfill sites, salvage contractors place
large containers in which such items can be placed. Alderman Thomson felt that
this procedure could provide the municipality with some salvage fees and als0
extend the life of the landfill site.
It was moved by Alderomn Thomson, seconded by Alderman MacMain, that staff
contact Mr. Fiore with respect to use of containers for salvage material at the
landfill site on an ex~e~imental basis, and further that a report be prepared
~utlining :the advantaSes and disadv~ntages of the system. Carried Unanimousl~Z.
..... 11
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It was moved by Alderman Thomson, seconded by Alderman Stewart, that
Council adjourn to Committee of the Whole. Carried Unanimously.
READ AND ADOPTED,
MAYOR
COMMIts,= ~
Committee Room #1
October 2, 1978
Council met in Committee of the Whole on Monday, October 2, 1978, following
a regular meeting of Council. All members of Council were present. Alderman
Stewart presided as Chairman.
Following consideration of the items presented, it was moved by Alderman
Mann, seconded by Alderman MacBain, that the Committee rise and report in open
session. Carried Unanimously.
READ AND ADOPTED,
MAYOR
REGUL%~..
Council Chambers
October 2, 1978
Council reconvened in open session on Monday, October 2, 1978, following
a meeting in Committee of the Whole. All members of Council were present.
Ms Worship, Mayor Bukator presided as Chairman.
His Worship, Mayor Bukator indicated that the purpose of the meeting was to
consider the entire matter of the proposed construction of an amusement complex
in conjunction with the Maple Leaf Village development, and the action taken by
staff in relation to the proposal. After very serious discussion, Council had
come to the conclusion that the City Manager was to be reprimanded by the Mayor
for withholding information. Council recognized that the City Manager is very..-
conscientious and erred in not revealing information necessary for Council.
Council was of the opinion that the Mayor should meet with the City Solicitor,
Ctty. F~lnager and representatives of York Hencover to discuss what further action
c~n be taken. Alderman Crows expressed the need for a municipal policy to decide
what matters given to staff in confidence are to be brought to the attention of
Council,
Following further discussion, it was moved by Alderman MacBain, seconded by
Alderman Chessman, that His Worship, Mayor Bukator, the City Solicitor and City
Manager meet with respregentatives of York-Nannover in order to discuss what
further action can be taken with respect to the Maple Leaf Village development.
The motion Carried Unanimously.
It was then moved by Alderman Crowe, seconded by Alderman MacBain, that a
special committee composed of three members of Council be established and that
one of the three members be a solicitor in order to formulate a policy on the
matter of staff disclosure :of information to Council, which has been given to
staff ~r~g~a~M~3~;iT~l~38j~,.bl,~:e~'
It' was moved by Alderman
meetin~ adjourn. Carried ,~
MEAD AND ADOPTED,
'
e, lr.r~.~,,b, Stewart~ that the
TWENTY-FIFTH MEETING
Committee Room #1
October 10, 1978
COMMITTEE OF THE WHOLE
Council met in Conmittee of the Whole on Tuesday, October lOth, 1978 at
7:15 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.
READ AND ADOPTED,
CLERK
MAYOR
SP
Council Chambers
October 10, 1978
Council met on Tuesday, October 10, 1978 at 7:30 p.m. in a special meeting
to review the proposed development of Maple Leaf Village by York Hannover
Developments Limited. All members of Council were present. His Worship,
MayorBukator presided as Chairman.
His Worship, Mayor Bukator stated that he was asked by resolution of City
Countil to meet with representatives of York Mannover, the City Manager and the
City Solicitor. A short meeting was held, and at the conclusion of that meeting
it was agreed by those present, that the developers should come to Council and
make a Presentation relating to the project.
It was moved by Alderman Mann, seconded by Alderman Thomson, that
Mr. J. Broderick, solicitor for York Hannever Developments Limited, be granted
permission to address Council. ~le motion Carried with Alderman ~cBain vo~ing
contrary and all others voting in favour. Mr. Broderick advised that the purpose
of his presence was to review the steps undertaken by York Hannover in connection
with the development as a whole, and more specifically, the outdoor amusement
area and the giant observation area platform or wheel which has been the cause
of so much discussion. It was advised that York Hannover first became interested
in the parcel of land in the centre of the small scale model on display, being
the former Oneida property. At that point in time, York Mannover undertook
extensive land use studies and as these studies progressed~ it became obvious
that it would be desirable if the developer owned the whole parcel of land and
York Mannover acquired the Sheraton Foxhead Inn and the Brock Motel. The
purpose of the land use studies was to ensure the highest and best use of the
whole parcel of land was developed. Mr. Broderick pointed out that York Mannover
has the largest direct investment in the City with the possible exception of
Marineland. As development proceeded, York Harmover indicated that the project
involved an indoor and outdoor amusement area, and there had been no change
on that at any time. Mr. Broderick referred to discussions held with Council
during 1977 in connection with the traraway project, and the question asked as
to whether or not York Mannover intended to make the Maple Leaf Village development
contingent on the tramway. At that time, Mr. Broderick had indicated that York
Mannover would undertake the Maple Leaf Village with or without the tramway,
which has been honoured in each and every respect. In the fall of 1977, York
Harmover began negotiations to find an operator for the outside amusement area.
A number were considered, and Mr. Broderick advised that Conklin & Garrett Ltd.,
one of the best known and successful amusement park operators on the continent
with attractions at the Canadian National Exhibition and the Calgary Stampede
entered into negotiations with York Mannover. Conklin & Cartort were interested
in a first class project, and as they saw the plans for the amusement ares, were
convinced and together a theme park type of amusement area was developed. The
theme would be a turn of the century motif with all of the area to be developed
in conjunction with that scheme. It was hoped that Maple Leaf Village would
compet@ with Disney World and the Six Flags of Texas and Georgia, other theme
parks. Mr. Broderick advised that as plans went forward, it became apparent
-2-
there would be a need for confidentiality, and this was requested by the
developer since there were a number of other operators interested in the theme
park other than Conklin & Garrett and also the development of e large theme
park in Maple, Ontario. The zoning on the property permitted the land use
intended, and in February of 1978, Mr. Broderick stated that the question of
height of one of the attractions in the development was considered. From
February until June, a number of meetings were held between the developers ant
City staff on what was required in order to obtain relief from the height
by-law. Mr. Bredcrick advised that he had perused the height by-law and
after being advised of further amendments to that by-law by the City Solicitor
came to the conclusion that York Harmover did require relief from the height
restriction, and that this was the only relief required. There were two rout~
that could be taken, either relief through an application to the Committee of
Adjustment or through a by-law amendment. Mr. Broderick stated that after
discussions, it was decided that an application would be made to the Committee
of Adjustment which is a much simpler procedure than an amendment to the zoni~
by-law. The matter was heard before the Committee on June 20th, 1978 in open
forum. Mr. D. Chapman was the spokesman for York Hennever since he had
appear
previously with respect to relief on the main building. Following the
of Adjustment hearing, the need for confidentiality ended. The decision bec~a
official on July 16th, 1978 and was confirmed by the Municipality since no
objections were filed during the appeal period. At that point, Mr. Broderick
distributed to the members of Council a fact sheet outllnlng what has been
by York Harmover. On July 19th, 1978, an agreement was executed with J. Bak~:
Ltd. of Amsterdam to acquire the wheel, an unqualified work order involving
agreement between the developer and Conklln & Garrett was executed. The
agreement was executed prior to the execution of the lease since the
agreement
was firm upon the landlord giving certain assurances as outlined on the fact
sheet. On July 24th, 1978 a progress payment on the wheel was made, and a fur
payment on August 10th, 1978. Further commitments were made on other attract'
for the theme park as well. Mr. Bredcrick pointed out the expenditures mad
York Hennever based on the decision of the Committee of Adjustment and
the
term financing arranged through Great West Life Insurance Company on the str~
of a triple '~" tenant, Conklin & Garrett. Thaw heel which is being construct
in Amsterdam, will be completed in January and will be delivered in February
1979. Mr. Bredcrick stressed that all proper pro~lures were followed, that
was no wrong doing on the part of York Mannover and there was never any quest
on the issuance of a building permit, although legally there is a serious ques
as to whether or not a building permit is required at all for any of the ride
devices. Mr. Bredcrick stated there was no intention to deceive Council and
question of making application to Council since this action was never contempli
or required, With respect to thaw heel itself, Mr. Bredcrick felt there had~
a serious misconception that it was a ferris wheel. The only similarity betwei
the two being that they both rotate, Mr. Bredcrick referred to the architect'!
scale drawings of the theme park and pointed out ~he service building, the
of the wheel, a ride called "Lovers' Lake Ride" a carousal, German Swings andt
"hey-day ride". An important part of the theme park which was learned from the
experience of Disneyland, is that such parks must be clean to the point of be~
spotless, and the cleaner they are, the longer the public stay. Mr. Broderick
stated that York Mannover was not developing a midway, but a themad park with
treed areas, park benches and a turn of the century motif. The design wouldI
be garish at all. The wheel itself will have a diameter of 164' and will make
one revolution every 7 minutes. The wheel travels at 1' per second and makes~
revolutions per hour while the average farrig wheel makes 8 revolutions per m
There will be 40 gondolas and each gondola will carry 8 people,
There Will be
fully enclosed for those people not wishing to travel in an open car, an added
advantage ef this being that the enclosed gondolas could extend the season.
will he fail-safe devices, twin door locks and each patron will he secured by
straps. A twin braking system will he installed in the system, Mr. Broderic~.
explained that the wheel will be a family attraction, not a thrill ride or
to cause people to shriek and cry out. There will be no music related, and t~
sound system for the park will not intrude on other attractions. In order to
deal with the public in connection with any possible opposition they have,
Mr, Broderick advised that York Mannover will be promoting an open house on th
premises on October 21st, and hand delivered invitations would be going forwa~
to the persons whose names appeared on the petition filed with Council racenil
The Maple Leaf Village itself will require an expenditure of $18,3 million, an
of that $1.3 million will be spent on the tower, $700,000 of which would be sp
to make the top more attractive. Mr. Bredcrick felt that York Mannover was s
, quality developer trying to bring to the City something the City needs and
'~' requires, redevelopmeet in the downtown tourist area. Mr. Bredcrick offered te
~ answer any questions the members ~ Council might have.
-3-
In response to a number of questions raised by Alderman Cheesa~an.
Bredcrick advised that the scale model in the CounCil Chambers was net en disFlay
at the Conw~ttee of Adjustment meeting. The model had been prepared for the ope~:
meeting held in September at the Brock Hotel. Diagram ~t3 posted in the Ceuucil
Chambers was prepared for this meeting, and the other three drawi~k~s were the
architect's plans submitted to the Building Department ill August of this year.
Mar. Broderick further advised that the presentation to tile Conunities was ~ade
verbally.
Alderman Thomson asked b~. Bredcrick to comment on the points raised in
the petition, and secondly on whether any provision has been made for uoise
barriers along the one side of the park. With respect to the noise barrier,
Mr. Bredcrick stated that it is proposed to have a line of trees to tile west of
the project. There is a falling off of the ground there, and as sue goes de~,~hill,
the possibility of noise travelling up is less. Mr. Broderick did uot feel the
wheel was a visual pollutant, and that it was not intended that a carnival
atmosphere would be created. It was felt that to say the proposal will create
unbearable living conditions was not an accurate statement of what would take
place. Parking is a matter that the developer will have to deal with, and
Mr. Broderlck pointed out that his client owns or controls 17 acres of land,
and that adequate parking would be provided on the site. With respect to
increasing crime in the area, Mr. BroderiGk did not think crime would increase
or destroy their peaceful lives. As pointed out earlier, the developer inteuds
to create a family attraction. While Mr. Broderick did not feel there was
anything inherently wrong with a carnival atmosphere, he agreed that putting a
carnival in a residential is not desirable, however York Hannover was developing
in accordance with the zoning by-laws and Official Plan, and that this aspect
was not open for residents of the adjoining areas to complain.
Alderman Mann commented that Council could debate for hours as far as the
carnival atmosphere was concerned. The Alderman pointed out that tile land is
zoned correctly for the project with the exception of the wheel, and that Couucil
had no control at this time with regard to the lower level project. It was
indicated by Alderman Mann, that the first he had heard of the wheel was at the
presentation by York Mannover in September, and by that time, Council had no
right to object to the variance in height from the by-law, and this fact was his
main concern. Possibly if the application were to have come to Council in the
first place, the application may have been approved or ~y have been turned down,
however Council was not aware of the Committee of Adjustment decision until
the appeal period had expired. Mr. Bredcrick stated that Council has the Co~nittee
of Adjustment to deal with such matters and that is what the applicant did. The
Conunittee of the Adjustment hearing was public and at the hearing, as indicated
in the minutes, the City through staff commented with respect to the proposal
being considered by the Committee, The applicant went through the proper form
with the full knowledge of everyone involved. Mr. Bredcrick stated that York
Mannover did not do this in avoiding, it was done after discussion and consultation
with staff. Alderman Mann replied that his concern was that York Harmover was
advised to go to the Committee of Adjustment and not Council, The Building and
Development Co-Ordinator advised that York Mannover was given the same answer given
to everyone in that position. They have the choice of going to the Committee of
Adaustment with the possibility the Committee might consider they cannot deal
with an application, or the Committee may consider they have the authority to
deal with an application. Persons are also advised that they can make application
for a by-law amending the general zoning by-law for a specific exception. The
factor most important is that the Committee of Adjustment procedure takes 6 to
8 weeks and a zoning amendment takes 6 to 9 months. In ell cases, people go to
the Committee of Adjustment, and it is the decision of the Committee as to
whether or not they deal with the application, not the decision of the Building
and Development Co-erdinator or any staff person.
In response to several questions raised by Alderman Crows, Mr. Bredcrick
stated that he did know whether plans or drawings were submitted to the Committee
of Adjustment, but pointed out that according to the application, plans were
submitted, Mr. Bredcrick further stated that he was not present at the hearing
and the only knowledge he had of what took place was that information which is
on public record. With respect to the Committee of Adjustment decision,
Mr. Bredstick stated that having some forethought as to what problems he might
face at the meeting, he had sought advice of counsel in Toronto and was given
a firm opinion that the Committee of Adjustment hearing would stand, and if
the Municipality wished to challenge that, he had no fear with respect to the
validity of the Committee of Adjustment decision. York Hannove~ had relied on
!this d~cision and will continue to rely on that decision.
In response to a question raised by Aldermen Fern, the City Clerk indicated
that notice of the hearing was seat to ell property owners within 200~ of the
application and that he had a list of all the persons notified of the hearing.
Alderman Orr felt that the project was not the most important subject mat
at hand to be considered. The matter had been discussed in Conmittee of the ~
and Alderman Orr indicated that the concern of the members of Council was that
they were not informed as to the particulars of the project. Alderman Orr sta~
that he appreciated and understood that the application went through the props'
channels, however when the Council did not know about a project of this nature
something had to be drastically wrong with the system. With respect to the
question of confidentiality, Alderman Orr stated that he was never given the
opportunity to keep the information confidential. Alderman Orr felt that it
was not York Hannover that was at fault, and that the problem was a breakdown
of communication. The Alderman stated that he found it embarrassing to have t
make excuses for the staff working at City Hall, and also to admit that he hai
so little knowledge of the project before hand. Alderman Orr also stated that.
if the Municipality were to challenge the-matter, it would cost a great dealt
money.
Alderman Sobol stated that she was of the firm belief York Hannover shoul
have come to Council as the City representatives to let the public know what~
going to take place. The Alderman felt it was a matter of opinion which is t~
best way of handling the application, through the Committee of Adjustment the
fast way or the proper way through Council, letting things fall where they mat
Alderman Sobol advised that she would like to know more about the area around'
the wheel, and while at no time did York Harmover deceive Council, nowhere in
the minutes is mention made of an outdoor amusement centre. Since Maple Leaf
Village is a strategic project for the City, Alderman Sobol felt the members~j
Council should acquaint themselves with the project as much as possible.
Mr. Broderick provided a brief explanation of the development and the rides
to be located in the outdoor amusement area. In response to a question by
Alderman Sobol, Mr. Broderick advised that he could not supply pictures since
the rides do not exist yet. The rides will be of a standard nature, however
the whole difference will be the theming of the park. With respect to the
question of the method of proceeding for relief from the height restriction,
Mr. Broderick stated that it was not an alternative between proper and impr0p~.
since both alternatives are proper.
Alderman Dilts questioned how the members oT"ehe Committe~ could make .a
iaecision on an application of this nature without prints or plans before then.
The Alderman felt that many questions could have been answered if the Chairma
of the Comm~ tree of Adjustment had been present at the Council meeting.
Alderman Chessman commented that it was significant that drawings or
of the wheel were not in evidence before the Committee when the decision was~
The Alderman pointed out that the Committee of Adjustment does not deal
with numbers, since an unacceptable variance in one instance might be 2'
in another case it could be 100', and it was up lto the Connnittee to decide
acceptable degree of variance. Alderman Chessman felt that a diagram could
given an entirely different impression since the Committee would have seen
while the variance would allow a height of 85', the actual height of the
would have been twice that height. The Alderman also thought it significant
that Mr. Broderick knew so little of some of the crucial facts of what took p~
at the Committee of Adjustment meeting. While Alderman Chessman had no criti
of York Hannover itself, he felt the criticism that must be made and the solo
to be found must he within Coanci.1 and the system operating within the City.
Alderman Chessmen stated that his decision would not be governed by what he s
and heard at this Council meeting.
Alderman MacBain referred to the direction of Council that the Mayor,
City Solicitor and City Manager meet with York Mannover to determine if theyl
prepared to disregard the decision of the Committee of Adjustment. Since
Mannover was not prepared to do so, in view of the advice given by the City
Solicitor in Committee of the Whole, it had been the consensue that in this
the City would take action on its own and retain Toronto counsel for two
Firstly because there was not proper notice given of the Committee of
meeting to the abutting land owners or the general public, and also because
opinion of the City Solicitor, the application was.not a minor variance.
CoMnittee of the Whole did in no way suggest that there be a meeting whereby
,annove we d pnt th. proJeer before Council on it. ,tit. becsu.e
not come to that point yet, and the public and the objectors were not e
attend the meeting. AldermanMacBain suggested that Council was being used,
that this meeting was a cover-up for the Committee of Adjustment hearing. ~e
Alderman felt that any meeting called to allow the objectors and the public
general to hear ~he presentation of the pre~eets on itS.merits was a fraud,
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there would be nothing the abutting land owners or the general public could do
if York Hannover is allowed to proceed. Alderman MacBain commented that he would
have preferred if Mr. Broderick had not agreed to meet with the public or the
abutting land owners to explain the project, because then he would have known
that ~. Broderick was being truthful to those land owners since there is nothing
they can do at this time. It was felt the merits of the wheel were not being
discussed at this time, and Alderman MacBain stated that he would like the
opportunity to hear and consider what the ratepayers have to say on the project
before he made a decision on its merits. Alderman MacBain advised that he had
voted in favour of a ferris wheel in 1962 that was much taller than the wheel
under consideration, which was approved by Stamford Council and the Ontario
Municipal Board. Stamford Council had listened to the presentations and viewed
the drawings and approved the project, legally putting into metion what ended up
in a project being properly approved. Alderman MacBain stated that his position
in Committee of the Whole was that York Harmover had to do things properly, and
that the members of Council were not necessarily against the project, only the
manner in which it was done. The Alderman was concerned with the question of
notice and whether or not the application was a minor variance, and stated that
he was shocked at the suggestion there was a proper hearing before the Committee.
Alderman MacBain commented that at no time during the Committee meeting, was the
public told the application was for a ferris wheel. On the question of a building
permit, Alderman MacBain stated it would be done by a majority of Council, it
would not be done unanimously. The Alderman asked how the City could ask the
average citizen to comply with all of the requirements of the Committee with ~
respect to plans and posting of notices, when that citizen sees what a big '
developer can do. Alderman MacBain also commented that Mr. Broderick was not
afraid to come to Council for support of the tramway when he needed help prior
to going to the Niagara Parks Commission, but when it was a matter that could
be processed through the Committee of Adjustment by improper notice, Council was
not considered. Alderman MacBain stated that he had enough confidence in the
people of Niagara Falls that some person or group would test this matter in 1978
or 1979 if Council did not. The Alderman knew that most members of Council who
are not in the legal profession hesitate when a lawyer says he will sue the City
because of the cost to the City, and he sympathized if those members did not want
to take the risk of challenging this matter because they are trying to save the
City money. Alderman MacBain cautioned Council on saving money if it will affect
the faith of the ratepayers in the City, and stated that if Council allows York
Hansover to do what they are doing without doing so properly, the integrity of
Council and senior staff would be in question forever.
Alderman Fera stated that he was becoming convinced there was a conspiracy
to keep the matter of the wheel away from Council and the public, and the sad
part of this was that such action was undermining the democratic process in that
the public were not given the opportunity to object. Alderman Fera stated that
while he did not blame York Mannover for the problem, he did place the blame
with the Chairman of the Committee of Adjustment, Mr. Chapman the architect, and
the City Manager for what has taken place. The Alderman felt the City Manager
was responsible to the Council and should have informed the members.
in the best of interests of the City. Alderman Crows also commented that he had
promised the petitioners who had come to Council recently that no decision would
be made until they were present, and they had not been specifically invited to
attend the meeting. The Alderman felt the project, if successful, could be a
great boon and if Council were to take some action to stop it, it could result in a
tremendous impact on the City. Many of the questions to be answered were in the
area of litigation, and Alderman Crows felt the matter should be tabled until the
next meeting, with the objectors invited to make a presentation, and that Council
should look to the opinions of learned counsel from Toronto before leaping into
litigation. The Alderman felt if Council was then satisfied that all the informa-
tion was evaliable and that the overriding mandate could be honoured, then a
decision could be made, possibly in Committee of the Whole since the matter deals
with litigation.
Alderman Crows cautioned Council before rushing into any specific action,
to remember its obligation to act in all instances on what is in the best
interests of the City as a whole, and that any course of action must meet that
criteria first. The Alderman indicated that he had many unanswered questions,
that he was not prepared to see rash steps taken that might not ultimately
be in the best interests of the City, and that to expend huge sums of money to
resolve the problem might cause an even greater lack of confidence in the City
because of that rash decision. Alderman Crowe felt that Council had considerable
work to do with a clear and concise understanding of the overall project, the
ultimate goals and achievements, what benefits might flow and the overall importance
of the project in general to the City as a whole, as well as a complete understanding
of what took place before and including this meeting and where Council should go '.
In response to a question raised by Alderman Mann, Alderman Crows stated
that he was satisfied with the present zoning and that there was only one iss~
Council could deal with, that being an inquiry, and it might be nothing more
than an inquiry, into whether or not Council wished to take any opposition in
relationship to the minor variance. The Alderman felt Council could not inquirl
into the general project itself, since it may well fit within the zoning by-la~
and not a matter Council can debate. The purpose of the suggestion to table
was for a meeting to be called for the developer to provide information and
answer the questions of Council and the petitioners at the next regularly
scheduled meeting. Alderman Crowe felt the petitioners should be specificall}.
invited, that Council gather their information and input, and then decide whet~
or not there was sufficient information to make a decision.
Mr. Broderick stated that York Mannover did not defy anyone and is not
defying anyone. What York Mannover did, they did in order to obtain relief f~
the height by-law and they followed the same procedures set forth by staff for
any other person seeking relief from the same problem. York Hannover was not
attempting to stand above the ordinary person. Mr. Broderick advised that he
took offence to a statement made by Alderman MacBain, suggesting that he had m
been truthful with Council, and stated that he sought an apology for that
statement because anything he had said at the meeting he would stand on.
Mr. Broderick further stated that he would not make an untruthful statement
to Council or any other public body or to anyone, and that he took great
exception on this matter. With respect to the statement made in connection wi:
the validity of the Con~nittee of Adjustment decision, Mr. Broderick stated
he would stand by and defend that statement, and that he did not want litigatil
with the Municipality. Mr. Broderick stated that York Mannover has obtained
decision from a properly constituted legal body and has acted upon and will
continue to act upon that fact, and he wished to make that very clear.
Mr. Broderick advised that he did not invite litigation, but if the
should be done without delay because York Mannover proposes to continue to
on the basis of that decision and is doing so as set forth in the fact sheet,
andMr. Broderick felt he did not have to elaborate on the consequences of that.
Alderman MacBain stated that Mr. Brodertck had indicated that York Hann0w
did not have to come to Council because they went to the Committee of AdJustmel
instead, and that it was not until after the BulldOg & Development Co-Ordinat<
properly said they could have gone either way, that Mr. Broderick agreed they
could have gone either way. The Alderman stated that this was the point he ~
trying to make to Council.
Following further discussion, it was moved by Alderman Crows, seconded by
Alderman Orr, that the matter be tabled until the next meeting of Council, and
the petitioners be speclfically invited to attend the meeting. The motion Car_jr
with the following vote:
AYJ| Aldermen Chessman, Crows, Dilts, Fete, Jal~vka, Orr, Schisler, Sobol,
Stewart and Thomson.
NAY__E: Aldermen MacBain and Mann.
It was then moved by Alderman Cr~e, seconded by Aideman Dilts, that the
meeting adjourn to Committee of the Whole. The motion Carried with Alderman
Schisler voting contrary, and all others voting iu favour.
READ ANDADOFTED,
Committee Room #1
October 10, 1978
Council met in Committee of the Whole on Tuesday, October lOth, 1978 foil
a special meeting of Council. All members of Council were present. His Wors~
Nayor Bukator presided as Chairman.
Following consideration of the items presented, the Committee of the Who1
arose without reporting.
READ AND ADOPTED,
~L .....
I~L4,YOR
Council Chambers
October 10, 1978
Council reconvened in open session on Tuesday, October 10th, 1978, following
a meeting in Committee of the Whole. All members of Council were present. His
Worship, Mayor Bukator presided as Chairman.
The meeting adjourned.
READ AND ADOPTED,
CLERK
~L~YOR
TWENTY-SIXTH MEETING
Committee Room #1
October 16, 1978
CO}~ITTEE OF THE WHOLE
Council met in Committee of the Whole on Monday, October 16, 1978 at 6:30
p.m. All members of Council were present with the exception of Aldermen Orr and
Stewart. 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
October 16, 1978
Council met on Monday, October 16, 1978 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Aldermen err and Stewart. His Worship, Mayor Bukator presided as
Chairman. Alderman Crows 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 October 2, 1978~ be adopted as printed. ~.arried
Unanimously.
UNFINISHED BUSINESS
MAPLE LEAF VILLAGE PROJECT
Communication No. 150 - Residents and Merchants of Victoria Avenue/Centre Street/
Kitchener Street/Walnut Street Area - The communication expresses objection to the
erection of the ferris wheel and outdoor amusement park on the Maple Leaf Village
site.
Communication No. 160 - Hilltop Motel - The communication expresses concern over
the effect the proposed development will have on the Hilltop Motel.
Communication No. 161 - Mr. A.F. Sheppard - The communication expresses objection
of the Park Motor Hotel, Fallsway and Cliffside Hotels and Welland Securities to
the proposed farrig wheel and Maple Leaf Village.
Mr. A.F. Sheppard was granted permission to address Council on the motion of
Alderman Mann, seconded by Alderman Thomson. Mr. Sheppard advised that he
represented the owners and occupants of the south side of Clifton Hill who are
anxious to register opposition to the development of Maple Leaf Village as it
appears to be in the future. Mr. Sheppard stated that a meeting was called by
representatives of Maple Leaf Village and at that meeting the owners and occupants
on both sides of Clifton Hill were present. At that meeting, a more serious thing
came out than what was intended to be demonstrated, the fact the nature of the
proposed erection, however expensive, would lend itself inevitably to the attraction
of undesirable facilities at the proposed location. The wheel which was supposed
to be a sophisticated Viennese slow moving wheel to attract sophisticated customers,
would be there with other rides such as a "hey-day ride", scooter ride and a
carouse1. These rides would be run by Conklin Shows, and Mr. Sheppard felt he
could safely say to the residents in the Ellen/McGrail/Wslnut area that the noise
emanating from those rides would Justify their worst apprehensions. Mr. Sheppard
advised that in 1967 he acted for the applicant of the Niagara Space Tour on tile
south side of Clifton Hill, and at that time, the relevant zoning by--law was
complied with by the applicant and Welland Securities. The applicant was at that
time and always tms been anxious and eager to comply with by-laws and expects no
less and no more from subsequent owners. Mr. Sheppard stated that he was disturbed
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by the development as he had seen it and read about it over the past months.
The matter started with an application for a cable car, which Mr. Sheppard re~
as an abomination which could overnight reek economic havic among the tourist
operators on Lundy's Lane. The matter was vetoed by the Niagara Parks
The next upset was the farrig wheel, and Mr. Sheppard stated that from his
with people, he got the feeling they are concerned with procedures they do net
understand, and when they tend to misunderstand, they do not like such proced~
Mr. Sheppard felt he would be doing less than his duty if he did not draw these
problems and apprehensions on the part of ordinary people to Countills artanti
the recent meeting which started out as a pitch for a sophisticated ferris
something at a slow pace with a Viennese waltz, Mr. Sheppard said he visualize
that within several days if the wheel -did not pay off, there would be loud mua
from both the wheel and the rides themselves. It was also pointed out the shar
contrast of the Oakes Garden Theatre and a carnival across the street. Mr.
asked the members of Council to. look on the matter and ask themselves if they i
acted in a prudent fashion.
Mr. D. Burland was then granted permission to address Council on the mot~
of Alderman Chessman, seconded by Alderman Thomson. Mr. Burland of the Money~
Motel complex on Clifton Mill, advised that two hundred feet of his property
adjoin the York HannoverMaple Leaf Village at the rear. Mr. Burland pointode
that he had been in business for over fifty years, paid a great deal of taxes~
employed many people. Within ten feet of where clientele of the motel would
sleeping, Mr. Burland advised that there would be two rides, the hey-day ride~
a scooter ride. At the meeting held earlier by York Mannover, Mr. Burland ind!
that he asked if there was any idea of the noise factor involved, and represen'
of York Mannover stated that they would find out. Mr. Burland contacted a pe~
in the amusement ride business and asked about the hey-day ride, and was told~
it was an old and noisy ride. In fact, Fir. Burland stated that he could not~
of any ride that did not create a great deal of noise. Mr..Burland stated ~z
concern was how he would be able to rent rooms with the amount of noise that~
be going on within ten feet. Although he had supported the development of
Leaf Village because of the help it would give to the area and the City, Mr.
felt that type of development could have a cumulative effect on the area.
some owners would upgrade their properties, the contrary could also occur.
rooms cannot be used because of the noise, a use would have to be found, pr~
with as much noise as next door. Mr. Burland indicated that he had nothing
against the development if it were to go through fthe manner he was load t0
believe it would. Those who had seen the Disney complexes know they are well
planned and organized, but as far as accomodation was concerned, this is mt]¢
from the rides, Mr. Burland pointed out that York Harmover is also in the
business, and asked if they would put the hey-day ride within ten feet of the~
rooms. Mr. Burland stated that he was very concerned, and asked for Council's
help.
Alderman Thomson stated that he was quite interested when he first heard!-
the development,..however when he learned the tnfo~ation released with respec[
the theme park and the criticism generating from the announcement, he felt he
should not comment until he had all of the facts. Initially with the wheel
Alderman felt there would be objection, however when it was described and
pointed out that it would not create a great deal of noise, would be slow m0~
and partially enclosed, Alderman Thomson felt it might not be that obJectim~b
Mowever after talking to Mr. Burland and several others within the area,
Alderman Thomson stated that he could not believe somebody would put rides
noise and screaming that close to a business established for over fifty years,
Xlderman Thomson stated that the wheel may be the least objectionable anpect~
the entire project. The Alderman also advised that he did not criticize York
Harmover for their movements, they had made application and consulted with stz
which led them to a certain point. The application went to the Committee of
Adjustment without plans so that a proper assessment could not be given by t~
Committee, and improper notification Was given to the peopl~ in the area.
Alderman Thomson felt in light of the situation, that York Mannover should c~
to Council and say they will look at the entire project in view of the obJecti
Alderman Thomson further stated that he personally could not go along with
supportlug the development and would do everything in his power, however limtl
to ensure the amusement aspect is reviewed so that the people in the area are
given an opportunity to protect their properties.
Alderman Chessman commented that in a legal sense, Council found itself
legally without the possibility of strenuous objection. The Alderman issued
appeal to York Henhover to be mindful of their corporate citizenship in the
· ' City, end to reconsider the matter. Alderman Cheenman stated that he was les~
to believe the development was of high quality and that it would differ from
a midway, however after reviewin~ the plans and listenin~ to the comments
- 3 -
made, he had no reason to believe it would be anything less than what Mr. Burland
and Mr. Shoppard feel it will be. Alderman Cheesman felt York Hannover could
create some kind of amusement which is of high quality to safeguard their neighbours,
and suggested that they go back to the drawing board to see what they can design.
Mr. J. Broderick, solicitor for York Hannover, was granted permission to
address Council on the motion of Alderman Mann, seconded by Alderman Crows.
Mr. Broderick stated that he knew Mr. Burland by reputatio~ as a sincere and
concerned person, and commented that Mr. Burland carries on a business in the
tourist commercial area much the same as York Hannover. Mr. Broderick indicated
that he had been prepared to defend the proposal in connection with the wheel,
but as the speakers had addressed Council, he found perhaps the most concern
arose out of the park itself. From his information, Mr. Broderick stated that
the development was designed to be a theme park and that is how development has
proceeded. Mr. Broderick advised that he could understand Mr. Burland's concern
and suggested that perhaps York Hannover could go back to the drawing board to
deal with this concern. While it could very well be that something could be worked
out in this regard, Mr. Broderick pointed that York Henhover has entered into a
lease agreement with Conklin & Garrett, and has made certain commitments.
Mr. Broderick also pointed out that York Hannover was in the same business as
Mr. Burland, providing accommodation. There are nine hundred rooms on the site
and York Hannover has exactly the same concern, to be sure the people in the
hotel are comfortable. Mr. Broderick stated that York Mannover will ensure that
noise will be kept to a minimum because it is in their best interests to do so. ~
With respect to Mr. Burland's property, Mr. Broderick stated that something ~'
satisfactory to Mr. Burland would have to be provided, and that York 11annover
would investigate the best method of handling the sound. Mr. Broderick also
pointed out that the lands in question are being developed in the way they are
designated in the City's Official Plan and draft zoning by-law, and soon to be
included in the Region's Official Plan, as encouraging tourist commercial
development in tourist commercial areas. The City's noise by-law, although not
comprehensive, will not be violated, and York Henhover is subject to the same
concern of noise as any other business in the City. Mr. Broderick stated that
he could not leave without defending the cable car, which Council saw fit to
approve, and the Niagara Parks did not approve because it was an abomination,
but an intrusion on the environment. In conclusion, Mr. Broderick stated that
York Mannover by its very conduct has indicated they are responsible corporate
citizens and had confidence in the City or would not have made such an investment,
and would continue to provide the best possible tourist facility that is possible
to provide in the City.
Mrs. M. St. Angelo of Walnut Street stated that she was very concerned as
a resident of Walnut Street and had done as much research as possible on the
project. She indicated that she had artended the open house held by York Hannover
and asked many questions, however Mrs. St. Angelo felt there were still many
unanswered questions. A number of the questions of the residents involved,
1) What exactly was good corporate citizenship; 2) Why was there a request for
confidentiality; 3) Why did a well known architect fail to draw up plans for a
giant wheel with such credits to his name as the hospital and library; 4) Did
Mr. Broderick expect the public to believe there was no attempt to fool Council;
and 5) What is a theme park. Mrs. St. Angelo stated that York ~annover was
supposed to have visited homes in the area to ensure there would be an unobstructed
view, however none of the homes were visited. York Hennever had also said the
proposal would not have a carnival type atmosphere, however after attending the
open house, Mrs. St. Augale said there was a shooting gallery, swing rides and
bumper cars. Mrs. St. Augale also asked what effect the proposal would have on
the water supply to the area. During the summer, water restrictions had been
imposed and residents were only allowed to water their lawns and gardens for
four hours, and now that the Maple Leaf Village is supposed to draw three million
visitors a year, Mrs. St. Angelo expressed her concern for the water supply.
With the parking problems presently experienced with the clientele of the music
theatre and the Niagara Falls Arena, it was felt that this attraction would
create a severe traffic problem, and Mrs. St. Angelo asked that Walnut Street
be made one way so that the residents would not have to put up with the traffic.
Mrs. St. Augale pointed out that while there is supposed to be parking for
twelve hundred cars, the amount of parking required for guests of the Sheraton
Motor Inn, the Brock Motel and the Foxhead Inn, plus employees, could easily
use this number, and then where would the visitors to Maple Leaf Village park.
~s. St. Augale asked who would pay to open Bender Hill to traffic, the cost of
which could be as high as $60,000 now, and oven if it is open, where will the
care park. The residents of Walnut Street like their quiet neighbourhood,
and Mrs. St. Augale felt the proposal would be an Infringement on their privacy.
Alderman Cheesmsn stated that a great deal of discussion has taken place
on this matter in ~ommittee of the Whole, and that Council has been advised by
l
counsel retained by the City outside of the City Solicitor, that the City won]
he open to further criticism if nothing was done with respect to the wheel. y{
do nothing would be perhaps the worst possible thing, and this opinion has beer
supported by the City Solicitor. Alderman Chessman further stated that the Ci{
is required to do something due to the doubtful authority of the Committee of
Adjustment decision that has been administered, and because that decision is
sufficiently doubtful, the City could run into difficulties later which could
raised by adjoining land owners or other interested persons. In that case, no
only would York Hannover be liable, but also the Municipality if nothing was
done in the light of the facts known. It was therefore moved by Alderman Che~
seconded by Alderman Thomson, that an application be made by the Corporation
the City of Niagara Palls under Section 2 of The Judicial Review Procedure Act,
1971, to set aside the decision of the Committee of Adjustment of the City of
Niagara Falls dated June 20th, 1978, on the application of York Harmover Develc
Limited, File No. A-42/78. The motion Carried Unanimously.
Mr. Broderick suggested that the City take this action quickly and proceed
without delay because of York Hannover~s continued connitment in the matter.
PARKING OF VEHICLES IN RESIDENTIAL AREAS See Resolution N0.
Report No. 513 - Special Committee - The report reconunends passage of a resolu!
to establish the terms of reference for the special committee established to rE
a possible limitation on the number of vehicles permitted to be parked or ston
a single residential property and that public hearings dealing with the subjec[
matter be held to allow an opportunity for the public to comment on the issue,
ORDERED on the motion of Alderman MacBain, seconded by Alderman Thomson, that!
report be received and adopted. Carried Unanimously.
See Resolution N0,
DRAFT ZONING BY-LAW
Report No. 514 - City Solicitor - The report requests authorization for the Cjt
Solicitor to devote the whole of his time to the preparation of the revised bF
upon termination of the Urban Areas Boundaries Hearing, and advises that theSy
should be ready for presentation to Council within eight weeks following thecc
clusion of the Hearing.
Alderman Crows suggested that rather than requesting submission of the by-
within the twelve week preparation period outlined in the report, that the by4
could be presented on or beforeMarch 31st, 1979, and that the City Solicitor[
granted authority to devote his time exclusively to the by-law. Alderman Cheek
suggested that the Solicitor also be given authority to use additional staffjl
required in order to complete the by-law.
ORDERED on the motion of Alderman Crows, seconded by Alderman Mann, that the
City Solicitor be authorized to devote the whole of his time to the preparati~
the revised by-law upon the termination of the UrbAn Areas Boundaries Hearing,
use of additional staff if required, with the by-law to be presented to City
Council on or before March 31st, 1979. Carried Unanimously.
MR. W. HILLER, 5651 BELMONT AVENUE
Report No. 515 - City Manager - The report provides information in response t0
questions raised hy Mr. W. Hiller of 5651 Belmont Avenue, and on the Ontario ~
Renewal Program in general. The report also advises that the Province has ind!
the entire Program could be put in Jeopardy if Council were to vary from the
regulations.
In response to a urnbar of questions raised by members of Council, the R~
Co-ordinator explained that the City cannot provide assistance to Mr. Miller ·
The guidelines state that a person must follow the proeedure~ set down, and tf
Municipality were to make an exception, the Ministry of Housing has indicated!
the City would be in trouble. Mr. Miller had gone ahead and done the work and
nothing further was heard on the matter. The property had not been inspected, '.
could it have been inspected until the final application was received. In res~
to a further question raised by Alderman gobol, the Renewal Co-ordinator advis.
that a fact sheet outltnins the procedure to be followed is given'out and als0
explained verbally to applicants, The inspector in the field also explains th
same guidelines.
Alderman Sehisler felt the City should take advantage of individuals will
to perform work on their homes themselves and if the City has an opportunity['
save the program money by doing so, private individuals should be encouragedi'
they wish to carry out their own repairs. The Alderman felt this was a case
- 5 -
where Mr. Hiller was in a hurry, and in so doing had peeved staff, and pointed
out that staff should be catering to the public. Alderman Cheesman stated that
while nobody disagreed with the principle outlined by Aldermen Schisler, if
staff attempted to deviate from established procedure, the entire program could
be jeopardized. The Alderman pointed out that it was to the Renewal Co-ordinator's
advantage to help Mr. Hiller as quickly as possible, however due to the fact the
procedure was not followed, Council had no option but to confirm the Position
outlined by staff.
Mr. Hiller asked if the assistan. ~ . .~ ~,~O~. -
~ ~ - ~ - - ~ . ~l~]~'~ was xn the form
~sistance would b; he
orm of a loan. Mr. Hiller stated that if the
assistance was in the form of a loan, he did not want to place a loan against
his house and stated that the work was done and paid for, and he was satisfied
with the Job.
Following further comment, it was moved by Alderman Dilts, seconded by
Alderman MacBain, that the report be received and adopted, The motion Carried
Unanimously. __
COMMUNICATIONS
No. 162 - Ministry of Housing - Re: Proposed Amendment 97 to the Official Plan .
for the Niagara Falls Planning Area. The communication advises of concerns-of
the Ministry of Environment with respect to the subject amendment.
ORDERED on the motion of Alderman Chessman, seconded by Aldermen Thomson, that
staff be directed to meet with the Ministry in an attempt to resolve the concerns
raised. Carried Unanimously.
NOTE: Alderman Mann retired from the meeting.
No. 163 - Ministry of Natural Resources - Re: Application for Approval of a
Settlement Pond. The communication requests the comments of the City with respect
to an application by Cupolo Park Limited for a settlement pond on their property.
In response to a question raised by Alderman Sobol, the City Clerk advised
that although the communication requests comments by October 12, 1978, the Ministry
has agreed to hold the matter open until Council's direction has been received.
The Design & Construction Engineer advised that the application was to permit
a storm drainage pond.
ORDERED on the motion of Alderman Thomson, seconded by Aldermen Fera, that n~
comments be submitted by the City on the application of Cupolo Park Limited.
The motion Carried with Alderman Sobol voting contrary, and all others present
voting in f~vour. ~
· NOTE: Aldermen Cheesman and Jaluvka were absent when the vote was
taken on this matter.
No. 165 - R%gional Municipality of Niagara - Re: Procedure for O.M.B. Hearing
on Urban Areas Boundaries. The communication provides information on the procedure
to be used at the O.M.B. Hearings. =
ORDERED on the motion of Alderman Crowe, seconded by Alderman Thomson, that the
communication be received and filed. Carried Unanimously. :~'
NOTE: Aldermen Cheesman and Jaluvka were absent when the vote was
taken on this matter ....
No. 164 - Regional Municipality of Niagara - Re: Railway Relocation Study. The ,~.,
communication advises that progress has been impeded by the difficulty in obtaining
basic'information concerning track facilities and operations from Conrail.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fare, that the
communication be received and filed. Carried Unanimously.
i: .'
NOTE: Aldermen Cheesman and Jaluvka were absent when the vote was
taken on this matter.
No. 166 - Niagara Falls Hydro - Re: Restructuring of Hydro in Niagara. The
communication requests Council's approval for the Hydro-Electric Commission of ~ "
the C~ty of Niagara Falls to expand its area of operations to serve the complete .'!:
City, including .those areas presently served by the Canadian NiagGra Power Co.~
Chippawa Public,Utilities Commission and Ontario Hydro.
No. 167 - Minister of Energy - Re/Restructurtng of Hydro in Niagara. The ELi':
communication requests Council~s views on the proposal of Niagara Falls Hydro
-6-
for the restructuriug of hydro service in Niagara Falls.
Mr. G. Burley ~as granted permission to address Council on the motion of
Alderman Sobol, seconded by Alderman Thomson. Mr. Burlay advised that in ta~
over the customers of Canadian Niagara Power Co., Niagara Falls Rydro was in
a financial position to acquire the distribution .system of Canadian Niagara wi
dabsuturing. Those customers in the rural portion of the City presently
serviced by the Chippaws Public Utilities Commission and Ontario will also be
absorbed by Niagara Falls Hydro. In this way, the Hydro-Electric Commission
will be able to expand its area of operations to serve the complete City.
Alderman Crowe asked if there would be an increase in rates as a result
of the incorporation of the other distribution systems. Mr. Burlay advised t
he did not anticipate the utility cost increasing, only with the normal rate
inflation. The cost of acquiring the Canadian Niagara Power Co. customers we
be paid over a period of time by the ratepayers.
His Worship, Mayor Bukator thanked Mr. Burlay for the work he and the St
Committee had done in having one Hydro Commission established for the entirel
ORDERED on the motion of Alderman Thomson, seconded by Alderman Sobol, that
Council support the extension of Niagara Falls Hydro operations to the comple~
limits of the City of Niagara Falls, including the distribution systems of t~
Canadian Niagara Power Company, the Chippawa Public Utilities Commission and
Ontario Hydro within the City of Niagara Falls. Carried Unanimously.
No. 168 - Niagara Peninsula Federations of Agriculture - Re: Proposed Iandfi~
Site, Township of Glenbrook. The communication advises of a proposal by the ·
Regional Municipality of }L~nilton-Wentworth to locate a landfill site in the!
ship of Glenbrook, and the opposition of farmers and environmentslists who f
an enormous environmental impact by the project.
Alderman MacBeth stated that he would like more information on the matte~!
before he would support an organization with which he was not familiar.
His Worship, Mayor Bukator advised that Mayor Hodgkins of West Lincoln asked
Regional Council to support the opposition to this proposal because of its
close proximity to the Welland River'and the Chippaws Creek. Regional CouncQ
did agree to support the Federation and has contr_~ibuted funds to opposing a
landfill operation on that site.
Regional Councillor Smeaton advised that six municipalities within the
Region would be affected by the landfill site if it were to affect the water
quality of the Welland R/vet. The site itself is in an area considered by ~
Ministry of Environment as environmentally sensitive. Councillor Smeaton h~
that Council would see fit to back the Region and support the opposition raJ
against the proposed landfill site because of the effect the proposal couldt
on so many people. Alderman Schisler stated that he was in favour of suppoz!
the opposition of the Federation and the Region, but did not feel the City
should provide any financial support. Alderman Thomson pointed out that the
objectors are requesting a full hearing by an Environmental Assessment Boars
and saw no reason why Council could not support the request for a hearing.
ORD~R~} on the motion of Alderman Schisler, seconded by Alderman Thomson, th
Council support the Niagara Peninsula Federations of Agriculture in requesti
a full hearing on the matter before, an Environmental Ass~e_a~sment Board. Car!
Unanimously. '
REPORTS
No. 516 - Planning & Development - Re: AM-33/78, L. Crober, North Side of ~
'cReed west of Alex Avenue. The report recomenda approval of the applicati0~
to Development Control and that Council certify by reaolution~ that the appl:
conforms to Official Plan Amendment No. 28 of the Niagar~ Falls Planning Ar~
as amended and approved by the Minister of Mousing.
ORDERED on the motion of Alderman .Sobol, seconded by Al'derman Fera~ that th,
report he received and adopted. Carried Unanimously.
See Resolution
See By-law No.
No. 517- Planning & Development - Re| AM-34/78, M. Piszi, 6305 Ash Street.
report reco=mends approval of the application and that Council certify by re
that the application conforms to Official Plan Amendment No. 28 of the Niags
Falls Planning Area as ~mended and approved by the Minister of Mousing.
ORDERED on the motion of Alderman Thomson, seconded hy Alderman Fera~ that t
report be received and=adopted, Carried Unanimously.
See Resolution ~
See By-law No. !
- 7 -
No. 518 -Ci_~y.M~nager _ Re: Land Division Severance B-462/78 Ashak Merani in
Trust (George's Motely, Main Street between Lamont and Sarah Avenues. The report
recommends Council's approval of action taken by staff in appealing the subject
severance.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fern, that the
report be received and adopted. Carried Unanimously.
No. 519 - City ManaBet - Re: Coronation Recreation Centre. The report provides
informationon the progress of the work being carried out on the Coronation
Recreation Centre and that the Centre should be in operation before Christmas.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the
report be received and filed. Carried Unanimously.
No. 520 - City Manager - Re: Development Plan Approval, Proposed Extension of
Knott's Mo%'eel on Stanley Avenue. The report recommends approval of the subject
Development Plan as submitted.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fern, that the
report be received and adopted. Carried Unanimously.
No. 521 - City Manager - Re: Drun~ond South Neighbourhood Improvement Program,
Amendment to Redevelopmerit Plan. The report advises that the Minister of Housing
has approved the amendment to the subject redevelopment plan to include certain
works on Skinner and Arad Streets between Drummond and Brant.
ORDERED on the motion of Alderman Crows, seconded by Alderman ~mmson, that the ~
report be received and filed. Carried Unanimously. ~-
No. 522 - City Manager - Re: Contract F~C. 18-78, Supply and Erection of Fences
and Backstops. The report recommends acceptance of the tender submitted by Frost
Steel and Wire Company Limited for the subject contract.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 98
See By-law No. 78-202
No. 523 - City Manager - Re: New Little Mississippi Drainage Ditch - Purchase of
Part of Lot 510, According to Registered Plan No. 11 for the former Village of
Chippawa designated as Part 1 on Reference Plan toR-2550. The report recon~nends
passage of a by-law to authorize the acquisition of the said land for drainage
purposes.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fern, that the
report be received and adopted. Carried Unanimously.
See By-law No. 78-203
No. 524 - City Manager - Re: 1978 Capital Budget Projects. The report recommends
passage of various by-laws to authorize the construction of storm sewers, sanitary
sewers and watermain which were included in the 1978 Capital Budget.
In response to a question raised by Alderman Crows, the City Treasurer
advised that the City faced a substantial increase in costs as a result of the
increase from 9~% to 11% on the prime lending rate on October 17th, 1978.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Jaluvka, that
the report be received and adopted. Carried Unanimously.
See By-laws 78-204,
78-205, 78-206, 78-207,
78-208, 78-209, 78-210,
78-211 and 78-212
No. 525 - City Manager - Re: Research Study Project - Niagara Resort & Tourist
Association. The report advises that five copies of the subject report conducted
by the N.N.T.A. are available in the City Clerk~s office for use of Council members.
ORDERED on the motion of Alderman Chessman, seconded by Alderman MacBaln, that
the report be received and filed. Carried Unanimously.
No. 526 - City Manager - Re: Unopened Road Allowance between Lincoln and Welland
Counties. The report recommends approval of a request by Mrs. M. Reilly for
Permission. to cross the City's half of the unopened road allowance lying between
the City of Niagara Falls and the Town of Niagara-on-the-lake subject to ~wo
conditions.
In response to a question raised by Alderman NacBain, the City Clerk advised
that the City Solicitor was consulted on this matter, and that the conditions
outlined in the report were supplied by the City Solicitor.
ORDERED.on the motion of Alderman Thomson, seconded by Alderman Fera, that the
repor= be received andadopted. Carried Unanimously.
-8-
No. 527 - City Manager - Re: Downtown Forum '78. The report recommends that the
Planning Director be authorized to attend the subject forum:to Be held in Tcr0nt
on November 29, 30 and December 1, 1978.
ORDERED on the motion of Alderman Sobel, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 528 - City Manager - Re: Proposed Plan of Subdivision by Ten Partners Develc
meat Limited "Dr,,nmond Park Village". The report recommends approval of an
amendment to the Minister of Housing condition for draft plan approval, to all~
the issuance of building permits for Lots 21 to 31 inclusive, 33 to 42 inclusi~
and 51 to 55 inclusive as shown on the draft plan of subdivision No. X-343-S,
after the contract has been called for construction of the COnrail Drainage Cha~
and following installation of underground services, subject to seven conditions,
In response to a question raised by Alderman gobel, the Planning Director
advised that the Planning & Development Committee indicated that conditions
relating to drainage would have to be included to ensure all of the works are
carried out prior to the subdivision being built and occupied. The Design and
Construction Engineer stated that some of the conditions listed were for the
protection of the City and the land owners against damage, and that it is poss~
the existing residents could have some problemS.
RDERED on the motion of Alderman Crows, seconded by Alderman Jaluvka, that the
report be received and adopted subject to the conditions outlined. Carried
Unanimously.
No. 529 - City Manager - Re: Building Permits. The report provides a breakdo~m
of the permits issued for the month of September, 1978.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Thomson, that
report be received and filed. Carried Unanimously.
No. 530 -'City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
No. 531 - City Manager - Re: Disposal of Surplus Municipal Lands, Sale to Philil
and Elizabeth E. Peruglue of parts of Township. Lots Nos. 37 and 43 of the fens!
Township of Stamford designated as Parts 10 and 11 o~'Plan 59R-2005. The repo
recommends passage of a by-law to authorize the subject sale of land for the
of $27,000.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Sohisler, that
report be received and adopted. Carried Unanimousl7.
See By-law No. 78~
RESOLUTIONS
No. 94 - CHEEBMAN -THOMSON - RESOLVED that an application bende by the Carp0
tics of the City of Niagara Falls under Section 2 of The Judicial Review Procad
Act, 1971, to set aside the decision of the Comittee of Adjustment of the Cit~
Niagara Falls dated June 20th, 1978, on the application of York Harmover Devel~
meats Limited, File No. A-42/78; AND.the Seal of the Corporation be hereto
affixed.
~arried Unanimous~
No. 95 - MACgAIN - CHEEBMAN - RESOLVED THAT WHEREAS the Council of the City 0f
the City of Niagara Falls, at a meeting held on July 24, 1978, directed that s
special committee be established to review a possible limitation on the number
of vehicles permitted to be parked or stored on a single residential property;
AND WHEREAS it was the intent of Council to have the special committee consider
the parking of both commercial and recreational vehicles in residential zones;
NOW THEREFORE BE IT RESOLVED that the terms of reference for ~he special commit
established to review a possible limitation on the n~ber of Vehicles to be pal
in residential areas be expanded to include:
(a) The problems arising as a result of the parking of trucks in
residential areas,
(b) The parkin8 of buses in residential areas..
(c) Permitting or regulati~ the parking of recreational vehicles
in residential areas.
(d) Any other matter which, in the opinion of the Cennnittee, should
be considered in order to prepare a recommendation to the City
Council covering the aforementioned iteM. -
; AND the Seal of the Corporation be hereto affixed.
Carried Unanimo~sJ:
-9-
No. 96 - SOBeL - FERA - RESOLVED that the Council of the Corporation of the City
of Niagara Falls K~eby certifies that By-law No. 78-200 for the rezoning of
property on the north side of EeLcod Road west of Alex 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 UnanimousIX
No. 97 - THOMSON - FERA - RESOLVED that the Council of the Corporation of the
City of Niagara Falls h~reby certifies that By-law No. 78-201 for the fezcuing of
property known as 6305 Ash 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 hereto affixed.
Carried Unanimousl~v
No. 98 - SOBeL - DILTS - RESOLVED that the unit prices submitted by Frost Steel
and Wire Company Limited for the supply and erection of fences and backstops, be
accepted at the tendered price of $24,213.00; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Sobel, seconded by Alderman Schisler, that leave ~
be granted to introduce the following by-laws, and the by-laws be read a first time:
No. 78-200 - 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-33/78,
L. Crober)
No. 78-201 - 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-34/78,
M. Pizzi)
No. 78-205 - A By-law to authorize the reconstruction of a sanitary sewermain as an
improvement and extension to the sewage system in the urban service
areas of the City. (Bridge Street, Third to Victoria)
No. 78-206 - A By-law to authorize the reconstruction of a sanitary sewermain as an
improvement to the sewage system in the urban service areas of the City.
(Bridge Street, Stanley to Homewood)
No. 78-207 - A By-law to authorize the reconstruction of sanitary sewermains as an
improvement to the sewage system in the urban service areas of the City.
(Dock Street, Main Street and Sarah Street)
No. 78-208 - A By-law to authorize the construction of improvements and extensions
to the sewage system in the urban service areas of the City. (Storm
Sewers - Vine Street, Sinnicks Avenue, Coholan Street)
No. 78-209 - A By-law to authorize the construction of a storm sewermain as an
improvement and extension to the sewage system in the urban service
areas of the City. (Swayze Drive)
No. 78-210 - A By-law to authorize the construction of a storm sewermain as an
improvement and extension to the sewage system in the urban service
areas of the City. (Stanley Avenue, McLeod to 200' North of Fortage)
No, 78-211 - A By-law to authorize the construction of a storm sewermain as an
improvement and extension to the sewage system in the urban service
areas of the City. (Dorchester Road, Marrimes to Windermere)
No. 78-212 - A By-law to authorize the construction of a waterm~in as an improvement
to the water supply system in the urban service areas of the City.
(River Road) ..... i0
No. 78-202 - A By-law to authorize an agreement with Frost Steel and Wire Company
Limited for the supply and erection of fences and backstops in the
City of Niagara Falls.
No. 78-203 ~ A By-law to authorize the acquisition of land for drainage purposes. '!
(E. & S. Blackburn, New Little Mississippi Drainage Ditch) .~ '
No. 78-204 - A By-law to authorize the construction of certain works as local '
improvements under Section 12 of The Local Improvement Act. (TWO '~
HEADINGS ONLY)
- 10 -
No. 78-213 - A By-law to provide monies for general purposes.
No. 78-214 - A By-law to authorize the sale of land to Philip Perugino and
Elizabeth E. Perugino. (Church's Lane)
Carried Unanimousl~
ORDERED on the motion of Alderman Thomson, ~econded by Alderman Schisler, that
By-law No. 78-204 be now read a second time:
No. 78-204 ~ A By-iaw 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 Alderman Thomson, seconded by Alderman Schisler, that
the following by-laws be now read a second and third time:
No. 78-200 - 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-33/78,
L. Crober)
No. 78-201 - 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-34/78,
M. Pizzi)
NO ·
78-202 - A By-law to authorize an agreement with Frost Steel and Wire Compa!
Limited for the supply and erection of fences and backstops in the
City of Niagara Falls.
No. 78-203 - A By-law to authorize the acquisition of land for drainage purp0s~
( E. & S. Blackburn, New Little Mississippi Drainage Ditch)
No. 78-205 - A By-law to authorize the reconstruction of a sanitary sewermain~
an improvement and extension to the sewage system in the urban set
areas of 'the City. (Bridge Street, Third to Victoria)
No. 78-206 - A By-law to authorize the reconstruction of a sanitary sewermaine!
an improvement to the sewage system iu"Fhe urban service areas of
City. (Bridge Street, Stanley to Romewood)
No. 78-207 - A By-law to authorize the reconstruction of sanitary sewermains as
improvement to the sewage system in the urban service areas of the
City. (Dock Street, Main Street and Sarah Street)
No. 78-208 .- A By-law to authorize the construction of improvements and extensi;
to the sewage system in the urban service areas of the City.
Sewers - Fine Street, Sinnicks Avenuet and Cobolart Street)
No. 78-209 - A By-law to authorize the construction of a storm sewermain as an
improvement and extension to the sewage system in the urban se~ic
areas of the City. (Swayze Drive)
No. 78-210 - A By-law to authorize the construction of a storm sewermain as an
improvement and extension to the sewage system in the urban seNit
areas of the City. (Stanley Avenue, McLeod to 200' north of Porta~
No. 78-211 - 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. (Dorchester Road, Harriman.to Windermere)
No. 78-212 - A By-law to authorize the construction of a watermain as an impr0t
to the water supply system in the urban service areas of the City.
(River Road)
No. 78-213 - A By-law to provide monies for general purposes.
No. 78-214 - A By-law to authorize the sale of land to Philip Perugino and
Elizabeth E..Peru~ino, (Church's Lane)
C~rried Unantmousl;
- 11 -
NEW BUSINESS
TOURIST COMMERCIAL ZONING
Alderman Thomson commented that the City is presently involved in a great
deal of controversy as a result of the uses permitted under the tourist commercial
zoning, such as amusement centres and rides. The Alderman suggested that the
City could be putting itself in an awkward position as a result of the amusement
uses permitted under tourist commercial zoning, and felt that since the new zoning
by-law was now in final Preparation, that some consideration should be given to
having this particular use come under a separate section altogether in order to
allow Council more control in the future. The Planning Director indicated that
the matter would have to be looked at carefully, and suggested that a report
could be prepared for Council's consideration.
It was moved by Alderman Thomson, seconded by Alderman Chessman, that a
report be prepared on the possibility of having amusement centres and rides
designated as a separate section rather than under the tourist commercial uses
in the draft zoning by-law. Carried Unanimously.
It was moved by Alderman Thomson, seconded by Alderman Fera,
adjourn to Committee of the Whole. Carried Unanimously.
READ AND ADOPTED,
CLERK
COMMIT'~
that the meeting
MAYOR
Conmittee Room #1
October 16, 1978
Council met in Committee of the Whole on Monday, October 16, 1978, following
a regular meeting of Council. All members of Council were present with the
exception of Aldermen Mann, Orr and Stewart. Alderman Thomson presided as
Chairman.
Following consideration of the items presented, it was moved by Alderman
Maclmin, seconded by Alderman Crowe, that the Committee of the Whole rise and
report.
READ AND ADOPTED,
MAYOR
REGU~
Council Chambers
October 16, 1978
Council reconvened in open session on Monday, October 16, 1978, following
a meeting in Comm{ttee of the Whole. All members of Council were present with
the exception of Aldermen Mann, Orr and Stewart. His Worship, Mayor Bukator
presided as Chairman.
FRUITBELT TRUCKING INC. - NIAGARA ESCARPMENT CO~4ISSION DEVELOPMENT PERMIT
It was moved by Alderman Crowe, seconded by Alderman MacBain, that Council
support an application of Fruitbelt Trucking Inc. for a Niagara Escarpment Commission
Development Permit, realizing that this may require redesignation from Open Space
to Industrial in the City's Official Plan, as well as an amendment to the Niagara
Regional Policy Plan (Urban Boundaries), Carried Unanimously·
- 12 -
REQUEST OF CORNWILL INVESTMENTS FOR EXTENSION OF URBAN AREAS BOUNDARIES
It was moved by Alderman Schisler, seconded by Alderman Sobol, that Council
not support the request of Cornwill Investments for inclusion of Parcel No. 73
(O,M.B. Referral Number for property west of Kalar Road and north of Thorold
Road) and Parcel No. 74 (O.M.B. Referral Number for property west of Kalar Road
and south of Thorold Stone Road) within the Urban Areas Boundaries. The motion
was Defeated with the following vote:
AYE: Aldermen Schisler and Sobol.
.NAYE: Aldermen Cheesman, Crows, Dilts, Fera, Jaluvka, MacBain and Thomson.
It was then moved by Alderman Thomson, seconded by Alderman Crowe, that
Council support the request of Cornwill Investments for inclusion of Parcel N0.
(O.M.B. Referral Number for property west of Kalar Road a~d north of Thorold
Road) within the Urban Areas Boundaries. The motion Carried with the following
vote:
AYE: Aldermen Chessman, Crowe, Dilts, Fera, Jaluvka, MacBain and Thomson.
.NAYE: Aldermen Schisler and Sobol.
It was moved by Alderman Thomson, seconded by Alderman Jaluvka, that
Council not support the request of Cornwill Investments for inclusion of Parcel
No. 74 (O.M.B. Referral Number for property west of Kalar Road and south of
Thorold Stone Road) within the Urban Areas Boundaries. Carried Unanimously.
It was moved by Alderman Crows, seconded by Alderman Dilts, that the meetin
adjourn. Carried Unanimously.
READ ~ ~OPT~,
MAYOR
TWENTY-SEVENTH MEETING
Committee Room #1
October 30, 1978
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole on Monday, October 30, 1978 at 7:15
p.m, All members of Council were present with the exception of Alderman Sobol.
Alderman Fera presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting.
READ AND ADOPTED,
\
R~G'[
MAYOR
Council Chambers
October 30, 1978
Council met on Monday, October 30, 1978 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 Dilts offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman,
that the minutes of the meetings held on October lOth and October 16th, 1978, be
adopted as printed. Carried Unanimously.
DEPUTATIONS
G. & G. MOTOR COACH TOURS
Communication No. 169 - Mr. P. Cowles, Clifton Hill Investments Ltd. - The
communication requests the support of City Council for an application to the
Ontario Highway Transport Board to operate a chartered tour service out of
the City of Niagara Falls.
Mr, P. Cowleg was granted permission to address Council on the motion of
Alderman Cheesman, seconded by Alderman Orr. Mr. Cowleg advised that Clifton Hill
Investments purchased G. & G. Tours in October of 1977 and traesferred the
licences held by the previous firm. Since that time, it was found that one of
the licences had expired and it was necessary to make application for a new
license. This application was opposed by Charterways of London at the Ontario
Nighway Transport Board hearing in Toronto. Mr. Cowleg advised that seventeen
organizations have supported his application, and at the direction of the Board,
the matter was deferred so that more local support could be obtained. Mr. Cowleg
requested that City Council support his application since the service was needed
in Niagara Falls.
The City Manager advised that the members of the Greater Niagara Transit
Commission had been polled, and there was no objection by the Commission to the
application. Alderman Thomson stated that he had spoken to Mr. and Mrs. Cowleg
about the matter and had suggested they approach Council for support. The
Alderman felt that Council should support the application since it would provide
a service to the citizeus of Niagara Falls.
ORDERED on the motion of Alderman Thomson, seconded by Alderman MacBain~ that
the Council of the City of Niagara Falls Endorse an application of Clifton Hill
Investments Limited for permission to operate a chartered group service from
the City of Niagara Fails to the Province of Quebec and the United States, said
application presently being heard by the Ontario Highway Transport Board. ~arried'
Unanimously.
4737 FOL~RTH AVENUE
Mr. T. Stevenson was 8ranted permission to address Council 5n the motion
of Alderman Thomson, seconded by Alderman Sobol. Mr. Stevenson advised that
on July 24th, he had reported to City Couneil re arding a business being
operated at 4737 Fourth Avenue contrary to the zoning by-law. At that time,
the business operation cease. The matter took seventy-eight days to resolve.
Mr. - e , ,
to any by-law, and point out to the operator that contiuued operation is
contrary to the by-law, and have operations cease. With respect to the properr
at Fourth Avenue, Mr. Stevenson stated that the fudge business had ceased,
and that the operator was attempting to sell the equipment and leave the
premises. It had come to Mr. Stevenson's attention that a real estate office
was operating out of the building,. and following inquiries he had made, the
real estate office moved out of the building. Mr. Stevenson asked if another
business goes in contrary to the by-law, would the residents have to wait
another seventy-eight days to have the by-law enforced.
His Worship, Mayor Bukator stated that Council would deal with that
situation when it occurred, and that the City would watch the property carefu[~
in the event another business attempted to operate out of the building. In
response to a further question raised by Mr. Stevenson, the Deputy City
Solicitor advised that legally the matter is rather complicated because of
the legal non-conforming use. It would be for a court to decide whether any
.use was a legal nonconforming use or.not, and since the courts have expanded~
effect of a legal nonconforming use, it would be difficult to predict the
outcome of such an issue. It would have to be determined if a lapse had
occurred between the original legal non-conforming use and the use being made
of a property, and in this situation, it was the City's position that a lapse
had occurred. It would then be up to the courts to decide whether a new use
was for the same purpose as the legal non-conforming use at the time the zoni~'
by-law was passed, and iu that respect, the courts have been rather confusing,:I
In response to several questions raised by members of Council, the Deputy
City Solicitor agreed that it appeared as though any use other than the origi~
legal non-conforming use was different, it would be the decision of the courts~
and he could not predict what decision would be made.
Following further discussion, Mr. Stevenson s_~gested that the best thing;
that could happen would be for the building to he removed so that no business
could go in, which would protect the area residents. In closing, Mr. Stevens~~
thanked Council and City staff for the work done in resolving the original
problem.
UNFINISHED BUSINESS
PARKING OF VEHICLES IN RESIDENTIAL AREAS
Report No. 532 - Alderman MacBain - The report r&commends that Council author'
'special committee to hold public meetings on November 22nd and November 29th,
and the second meeting to deal with parking of recreational vehicles in
residential areas.
Alderman Thomson stated that one of the main questions he is asked by
residents in the City deals with'this matter and what action Council intends
.to take. The Alderman pointed out that the public meetings are to be.held
following the municipal election and will not allow the public an opportunity
to determine how the members of Council feel on the matter. Because of the
concern raised on the matter, Alderman Thomson stated that he would like to
make hie position on the issue ~nown, that to restrict the parking of retreat
vehicles was not his intention, and that such a regularlob would he an infri~
on a person?s property. Alderman+Chessman stated that the Committee had felt
that the type of meetings required could not have been.accommodated prior to
the election, and the scheduling of the meetings was not 'a desireto avoid
refuse to discuss the issue. It was felt the public should be given ample
opportunity to express all concerns 'and opinions at the two public meetings.
Alderman Chessman stated there was no preconceptions on the issue and that i{
there were~any sympathies, they were in the direction Alderman Thomson had
mentioned. The Alderman further stated that a great deal of public input
required before any by-laws were considered by Council.
Following further comment, it was moved by Alderman MacBain, seconded by
Alderman Cheesman, Chat the report be received and adopted. Carried Unanim0~
-3-
COMMUNICATIONS
No. 170 - Residents of Brian Crescent/McGill Street Area - Re: Drainage Problem.
The communication states that the residents feel the City has a moral obligation
to solve the drainage problem and requests that Council again consider the matter.
Mr. G. Vasko was granted permission to address Council on the motion of
Alderman Cheesman, seconded by Alderman Thomson. Mr. Vasko stated that when
the matter was last before Council, it had been directed that the Mayor try to
organize the neighbouts, developer and City officials in an effort to try and
rectify the problem. Mr. Vasko further stated that he was an established resident
on McGill Street prior to the section of the new subdivision on Brian Crescent
was developed, and that the problem had occurred when the new homes were built.
Since the City entered into a development agreement with a developer, the
residents felt the City had a responsibility to solve the drainage problem, not
the persons living there. If the matter were to end up in litigation, Mr. Vasko
stated it could be costly for all concerned, and that to sue the City, in essence
he would be suing himself. 11is Worship, Mayor Bukator stated that he did meet
with the individuals involved and had looked at the site. The Mayor explained
that the City had installed a catchbasin to drain the area, and if the adjoining
lots had been graded to that level, the catchbasin would have handled the drainage
properly. Following the meeting, the Mayor advised that several residents and
the developer had agreed to carry out certain work on their properties which
would hopefully solve the problem. His Worship, Mayor Bukator stated that he ~
had taken the action called for in the direction of Council, and further pointed'
out that there is a way to remedy the problem, it is only a matter of who pa~s
the costs. Mr. Vasko stated that the r~sidents had agreed to certain things
until they had seen the work involved. It was pointed out that none of the
residents had done any grading on their own and had purchased their homes in
good faith.
Alderman Thomson advised that he had visited the site as well as several
other members of Council, and he had learned that a fairly deep swale was
required which could affect a number of existing trees. The Alderman made
reference to City policies dealing with fire hydrants and hydro poles, under
which a cost-sharing arrangement is provided with the resident and the City
each assuming a portion of the costs, and suggested that Council could consider
the possibility of instituting a similar policy to deal with drainage problems.
Alderman Thomson felt the City should not get into a situation where the City
would fix every drainage problem, particularly if staff will be submitting
drainage plans in the future that may eliminate problems in the future.
The Alderman further stated that if the City, the developer, builder and area
residents were involved, the individual costs would be minimal and in this
situation, could eliminate the difficulty of damaging the trees by installation
of a swale. Alderman MacBain felt such a policy would have to involve a three
way contribution and would have to be fair to the City and the residents,
particularly in situations where there is some argument between the City and
the residents on the cause of the problem. The Alderman felt if the residents
would be practical and view this suggestion as reasonable, then Council could
consider such a policy.
'In response to a question raised by Alderman Cheesman, the Director of
Municipal Works advised that staff is trying to develop a drainage scheme and
will be reporting to Council in the future. Until that time, it was not
intended that any subdivisions would be approved until a policy came into being.
In response to a further question by Alderman Orr, the Director of Municipal
Works advised that the solution to the problem is fairly simple, a backyard
catchbasin would handle the drainage. The problem is that the City has no legal
right to enter onto private property and do the work. If Council felt the
City should do so, there could be problems with other residents who had dealt
with the City under existing policies. The Director of Municipal Works further
pointed out that if the City were to solve a problem, and then one of the
residents involved changed the grade of their property, the drainage problem
would reoccur. Reference was made to a situation where a catchbasin had been
installed, and the property owner did not like the catchbasin and filled it in
with concrete. Under the City's existing policy, the Director of Municipal
Works explained that there was a cost-sharing arrangement whereby the City
will assume the cost for the portion of installation on City property. This
portion is quite expensive since it involves cutting through roads, curbs and
-sidewalks. The City will also supply all engineering information for the portion
of the work on private property, however all costs on private property for
construction of tile catchbasin are assumed by the property owner. With respect
to the ~rainage problem in question, the City had suggested a swale because
-4-
the cost is less for the property owners. The Director of Municipal Works
stated that he would be happy to make a further effort to work with the develop~
on the matter, however he did point out that there are enough catchbasins on
the site to work properly and the solution is in having the backyards cleared
so the system can work.
Alderman Mann felt it was not the City's responsibility to go onto private
property and install catchbasins. While the Alderman sympathized with the
residents, he pointed out that if the City were to assume the costs, other
persons who installed catchbasins at their own expense would be entitled to
the same benefits, and the City could be opening itself for legal problems.
Alderman Mann also pointed out that the situation could occur where the
residents could return at a later date and say the system was not working, and
the City could be involved in even further expenses.
In response to a question raised by Alderman Stewart regarding the Drainage
Act, Alderman MacBain stated that the Act would only apply to natural drainage
courses, and the existing system would be considered an artificial drainage cour
In response to a further question by Alderman Stewart, the Director of Municipal
Works stated that if an attempt was made to deal with the problem under the
Drainage Act, there would be an engineering report required and Court of Revisk
hearings, and the resulting costs would be more than the cost of the work.
Alderman Sobol felt such a policy would be setting a precedent, and that
there could be massive problems for the City if Council agreed to pay part or
all costs involved in resolving drainage problems. The Alderman also felt that
such a policy was not getting to the route of the problem, which is who caused
the problem and how this can be prevented in the future.
Alderman Fera stated that Council must determine whose fault the problem
is, and if it is the City's fault, there was an obligation to remedy the probla
If the problem was caused by one of the property owners, the Alderman felt the
City should not get involved.
Alderman Jaluvka felt if Council were to work out some accommodation with
land owners, each case would have to be dealt with on the merits. The Alderman
felt there were several unique factors involved in tJ~s particular case. Under-
past policies, Alderman Jaluvka pointed out that the City has not been able to
prevent such problems from occurring, and perhaps it was not reasonable to
expect the City to prevent them. Since an effort had been made by the property
owners to resolve the matter among themselves, and since litigation could be
involved, the Alderman felt the City should consider the possibility of a
policy to deal with such matters.
Alderman Thomson stated that his suggestion would not commit Council to
anything more than a report from staff on the merits of some type of policy.
The Alderman felt there should be a reasonable method of working out a solution
with everyone involved on a cost-sharing basis that would result in a minimal
cost to everyone involved. Alderman Thomson stated that the City had a respon-
sibility to assist in such problems until such time as a drainage policy is
adopted by Council.
Following further discussion, it was moved by Alderman Thomson, seconded
by Alderman MacBain, that staff be directed to prepare a report on whether or
not a policy could be worked out whereby such problems would be rectified
through a cost-sharing arrangement between the individuals involved. The motie
Carried with the following vote:
AYE: Aldermen Cheesmsn, Crows, Dilts, Fera, Jaluvka, MacBain, Orr, Schisler,
.Stewart and Thomson.
NAYE: Aldermen Mann and Sobol.
***
It was then moved by Alderman Thomson, seconded by Alderman Dilts, that
' the first report be brought forward for consideration. Carried Unanimously.
***
.REPORT
'No. 533 - Lottery Licensing Officer - Re: Application for Bingo Licenee, St.
Archangel M~chael Association. The report advises that en application has bee~
received for:permission to manage and conduct bingo lotteries on Monday eveni~
- 5 -
commencing November 6, 1978 at the former Princess Theatre on Main Street.
Also attached are letters of objection from the Lions Club of Stamford,
St. Pattiekes Church and St. Mar's
Y Ukrainian Catholic Church.
Mr. J. Gruich of the St. Archangel Michael Association, was granted
permission to address Council on the motion of Alderman Mann, seconded by
Alderman Thomson. Mr. Gruich advised that in April, the Church congregation
purchased the former Princess Theatre on Main Street, which was a failing
business and eyesore, and carried out renovations to make the building more
attractive. Since the congregation is small, in order to make the payments
on the building, the bingo revenue is required to meet that obligation. With
respect to the objections, Mr. Gruich felt the groups were attempting to
restrict free enterprise, and pointed out that Wintario grants were available
to any group with a worthwhile project. Mr. Gruich explained that in 1963,
there was a drastic upheaval in his Church and in North America, each congregation
was advised by their solicitor and the Church Hierarchy to set up limited companies
so that this type of problem does not occur again. Mr. Gruich stated that this
was the reason that application was made in the name of the limited company,
however if this posed a problem, application could be made in the name of the
Church. With respect to the fact the bingo will be electronic, Mr. Gruich
advised that this system has become very popular in Ontario, and is presently
operating in St. Catharines and Welland. In response to a question raised by
Alderman MacBain, Mr. Gruich advised that Monday evenings were chosen because
that was the night most of the workers were available to work at the bingo.
Mr. E. Fisher of Lotteries Branch of the Ministry of Consumer & Commercial
Relations, advised that the Criminal Code allows licences for charitable and
religious organizations to raise money for charitable or religious purposes.
In order to be charitable, a group can be incorporated, however the group must
be a non-profit, non-share capital corporation. Mr. Fisher explained that as
long as the Church was a non-share capital and non-profit corporation, there
was no reason, as far as the Ministry was concerned, why the licenee could not
be granted.
Mr. R. Goodman of the Stamford Lions Club was granted permission to address
Council on the motion of Alderman Chessman, seconded by Alderman Jaluvka.
Mr. Goodman questioned the practicality of allowing another bingo in the City.
Normally, there are five to six hundred players on a Monday evening, however
this figure has been dropping off. The prize being offered is $2500 and when
expenses are deducted, Mr. Goodman stated that each person would have to pay
$8.00 to play. Mr. Goodman pointed out that the Stamford Lions Club building
· which must be maintained, is used by various organizations in the City free
of charge. The group supports youth in the City as well as conservation, health
and welfare. Mr. Goodman advised that his organization has made financial
commitments in various areas of the City, and questioned how these commitments
could be maintained if another group runs a bingo and takes what little money
there is in the City. Mr. Goodman pointed out that the Stamford Lions Club
has about seventy members and has trouble getting help for the bingo. Alderman
MacBain asked if the Stamford Lions Club would object to the bingo if it were
held on another evening. Mr. Goodman replied that it was not common sense to
allow another bingo since there were not that many bingo players in the City
anymore.
Mr. D. Morrison of St. Patrick's Church was granted permission to address
Council on the motion of Alderman Chessman, seconded by Alderman Thomson.
Mr. Morrison advised that the St. Patrick's bingo is the oldest bingo in the
City. With two hundred and fifty families in the parish, Mr. Morrison stated
that they still had difficulties getting help to run the bingo. On a cross
survey taken last Monday evening, the Stamford Lions Club had one hundred and
sixty players, St.l~trick's had one hundred and thirty and the Church on Main
Street had one hundred. Mr. Morrison felt there was not enough money in the
City to support another bingo. '
Alderman Dilts stated that the bingo is to pay for the Church which is the
members themselves, and he could not see how this could be considered a public
benefit, since there was no donation or assistance to other groups or causes.
In response to a question raised by Alderman Sobol, Mr. Gruich advised that the
funds would be used to finance the Church and the cultural centre on Main Street,
in the same manner as other churches finance their buildings. Alderman Jaluvka
stated that in order for a charitable corporation to obtain such a status, it
must meet fairly strict criteria as to public benefit, and in dealing with a
church, commented that he was surprised at the question of any public benefit
being raised.
-6-
Following further comment, it was moved by Alderman MacBain, seconded
by AldermanJaluvka, that the bingo licenot he granted. Carried Unanimously.
***
PRESENTATION OF ACHIEVEMENT AWARDS
His Worship, Mayor Bukator presented Achievement Awards to the Young & Gray:
Soccer Team who won the Ontario Youth Soccer Association Ontario Cup in Burlingtl
during September. Those receiving awards were Mr. E. Fantint1 (Coach), Mr. J. ~
(Coach), J. Strang, T.C. Mangoff, D. Jasnich, J. Stiefelmeyer, J. Mussari, A. Ctt
R. Calabrese, J. Thibodeau, S. Hollett, P. MacIsaac, J. Johnson, S. Mackey,
L. Fortone, P. Lambourne, G, Lostracco, D. Career, P. Vegh and R. Fantinel,
REPORTS
No. 534 - Recreation Commission - Re: Gus Munro Park Development. The report
recommends that Council endorse the Westlane Secondary School Urban Geography
students and staff project for the Gus Munro Park development.
His Worship, Mayor Bukator thanked the representatives from Westlane School
for taking on the project and commended them for their community involvement.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Cheesman, that
the report be received and adopted, Carried Unanimously.
NOTE: Alderman Orr retired from the meeting.
No. 535 - City Manager - Re: Sale of Lots 23 and 24 - Falls Industrial Park
Extension to Industrial Gauge & Instrument Limited. The report recommends:
1) Passage of a by-law to authorize an amending agreement with H.J. Voth & Sons
Limited for the construction of additional services on Murie Street Extension at
an estimated additional cost of $68,209 to Contract G.C. 11-78; 2) Approval of
the sale of Lots 23 and 24 on the south side of the Murie Street extension west'
of Kister Road at a price of $15,500 per acre to Industrial Gauge & Instrument
Limited (Lot 23 0.997 acre $15,453.50, Lot 24 0.810 acre $12,555.00); and 3)
Approval of the resale of Lot 9 located on the west st'd% of Stanley Avenue from
Murie and Progress Streets from Industrial Gauge & Instrument Limited to
Marineland Wonderland & Animal Park Limited subject to conditions satisfactory
to the City.
ORDERED on the motion of AldermanMann, seconded by Alderman Stewart, that the
report be received and adopted. ·Carried Unanimously.
See By-laws 78-222
and 78-224
No. 536 - City Manager - Re: Mr. Romeguano on Willoughby Drive. The report
advises that City staff has advised the Ministry of Transportation & Communicati
that the City has no objection to the granting of an extension on the closing of
Willoughby Drive and Morningstar Roads at the request of Mr. Romeguano.
Mr. J. Nicoletti, solicitor
address Council on the motion of
The motion Carried with Alderman
for Mr. Romeguano, was granted permission to
Alderman Thomson, seconded by Alderman Stewart.
MacBain abstaining on a conflict of interest
and all others voting in favour. Mr. Nicolettt advised that when Mr. Romagnan0
was granted his building permit, he was fully aware of the conditions regarding
the difficulty in access to the property once Willoughby Drive and MorningStar
Roads were closed by the Ministry of Transportation & Communications. An
extension was obtained for four months expiring March, 1979. Mr. Nicoletti star
that he could not say that Mr. Romagnano was not fully aware or misunderstood th
consequences of the conditions, but unfortunately he now finds· himself in the
difficult situation in that access will be prohibited and the only access would
be on Willoughby Drive which iea muddy road and impassable in the winter months
, Mr. Romagnano has a family and three children, two of whom attend school in the
area and he has a difficult situation with respect to transportation to school
from his residence. Mr. Nicoletti stated that Mr. Romeguano understands that
because of the conditions there is little or nothing that can be done, but he
is requesting whether Council can provide some assistance. The cost is very
prohibitive, however Mr. Romagnano was prepared to construct the road himself an
pay a certain portion of the cost involved in the construction.
Alderman Thomson advised that he was familiar with the problem, and alth0o~
Romagnano knew he would hays difficulties once access was closed, he could
-7 -
see no reason why the matter couldn't be referred to staff to determine if
there was some type of assistance that could be provided by the City.
In response to a question raised by Alderman Stewart regarding Willoughby
Drive, the Director of Municipal Works advised that the intent of the Ontario
Municipal Board hearings referred to in the report, was to close the roadway
off at the Q.E.W. A new hearing was forced by the City because no conditions
were contained in the original order for service roads. The section of
Willoughby Drive in question is an unopened roadway and was not included in
the hearings. The City could not get a connection because the original intent
was for the roadway to be closed. The Director of Municipal Works further
advised that the City had spoken to the M.T.C. on the matter, and that staff
had gone as far as'they could in this regard. The Director of Municipal Works
advised that this portion of Willoughby Drive was not maintained on a regular
basis any longer, and that Sodom Road is now considered the main access having
the new interchange at the Q.E.W.
Following further comment, it was moved by Alderman Thomson, seconded by
Alderman Crows, that the matter be referred to staff to determine if there is
any assistance that can be provided to Mr. Romagnano. The motion Carried with
Alderman MacBain abstaining on a conflict of interest and all others voting in
fayour.
BURGESS BATTERY CLOSING
bit. C. Pare of the Niagara Falls Business & Industrial Growth Agency Inc.
advised that he had for some time been concerned over the fuzure of the Burgess
Battery firm. From information provided to the Agency by officials of the firm,
the financial situation had been less than satisfactory for a number of years.
Two years previously, new plant management was transferred to the Niagara Falls
plant and instituted several belt-tightening measures at the plant, including
lay-offs of fairly long term employees, replacement of tile sales manager.
The Agency had worked very closely with the company along with the Ministry
of Industry & Tourjam and the Federal Department of Industry, Trade & Commerce
in an effort to develop an export market. The firmwas also put into contact
with various purchasing agencies at the senior levels of government. During
this period, the plant management advised that the situation was improving and
that operations of the company would be progressing satisfactorily very shortly.
This information had been reported as recently as two months ago. Since that
time the Plant Manager was transferred and }~. Pare advised that it was
a shock to the Agency to learn that the plant would be closing. In response to
a question raised by Alderman Chessman, Mr. Pare advised that there were
approximately seventy-five Jobs involved.
His Worship, Mayor Bukator advised that if Council agreed, he would try
to meet with officials of the firm. Mr. Pare advised that he had attempted to
m~et with plant officials but had been unable to do so as yet.
It was moved by Alderman Chessman, seconded by Alderman Mann, that His
Worship, Mayor Bukator attempt to meet with officials of the Burgess Battery
firm regarding the closing of the Niagara Falls plant. Carried Unanimously.
***
CO~fi~fONICATIONS
No. 171 - Regional Municipality of Niagara - Re: Metric Conversion. The
communication advises that the renewal of the contract with Mr. B. Fehertoi as
Metric Co-ordinator with the Region, will be recommended to the Regional Public
Works & Utilities Committee.
Alderman Sobol requested that Council be provided with a report on the
progress of metric conversion in the Municipality. The City ~nager indicated
that there was an interim report several months ago, however he anticipated a
more detailed report would be provided by the Region in the future.
ORDERED on the motion of Alderman Mann, seconded by Alderman Jaluvka, that the
communication be received and filed. Carried Unanimously.
No. 172 - Regional Municipality of Niagara - Re~ Policies Affecting Extension
of Municipal Services to Developments in the Rural, Unique or Good General
Agricultural Areas. The communication advises that as set out in the Regional
Policy Plan, municipal sewers or water supply will not be provided to
developments in the rural, unique or good general agricultural areas except
-8-
where such services are deemed necessary to correct an existing health
problem.
In response to a question raised by Alderman Sobol, the Director of
Municipal Works advised that the intent of the policy was to make sure area
municipalities are aware of the policy. The Region intends to use their funds
to correct existing situations and will not spend funds to provide services
for new development. The Director of Municipal Works explained that the Region
does not have an impost system that would pay for construction of services to
new developments.
ORDERED on the motion of Alderman Mann, seconded by Alderman Jaluvka, that the
communication be received and filed. Carried Unanimously.
No. 173 - Regional Municipality of Niagara - Re: Brief of the Preservation of
Agricultural Lands Society. The communication encloses a copy of the brief
prepared by P.A.L.S. which was considered by Regional Council and referred to
the Regional Headquarters Site Sub-Committee for consideration.
Alderman Cheesman felt that Council should not just receive and file the
document, since there are questions raised that should be answered. The Aldermi
indicated that he would have had a great deal more willingness to believe the
arguments raised if they had been brought to Council's attention directly three
or four months previously. ~lderman Cheesmau felt that going over City
Council's head to the Region, took the weight out of the Society's position,
and that Council was entitled to a direct statement from the group rather than
having a photo-copy sent. It was suggested however, that staff could respond
to a number of the points in the brief. Alderman MacBain pointed out that the
brief was a political document, and that Council should not get involved in
attempting to analyze a brief which the Society did not even bother to address
or sign. Alderman MacBain felt that City staff had enough work to do without
trying to analyze a political document.
Alderman Sobol felt that Council's concerns were after the fact and that
Council should have addressed itself to the problems when discussing the
Regional site.
His Worship, Mayor Bukator stated that he was not/accepting the document
as fact and suggested that the brief be referred to the owners of the lands.
The Mayor advised that Brighis carried out an analysis on their lands showing
why it was not profitable to continue growing grapes, and felt that Council
should hear the other side of the story.
Following further comment, it was moved by Alderman Cheesman, seconded by
Alderman Dilts, that the brief be forwarded to the owners of the proposed
Regional site to respond. The motion Carried Unanimously.
NOTE: Alderman Mann was absent when the vote was ~ n
tae
on this matter.
No. 174 - Niagara Square - Re: Permission to Land Helicopter. The communication
requests permission to land a helicopter on the property of Niagara Square on
November 18, 1978 at 11:45 a.m. for the arrival of Santa Claus.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
approval be granted subject to similar approval being obtained from the Depart~
of Transport. Carried Unanimously.
No. 175 - Mr. Steven Shaw - Re: Heart Machine for Toronto Sick Childtens Hospit~
The communication requests support in raising funds for a heart machine for
the Toronto Sick Childtens Hospital.
Alderman Mann stated that normally he did not approve of ~ranttng such
requests so late in the year, but in this particular case if'funds were availabl
he felt the contribution would be for a worthwhile cause. His Worship, Mayor
· Bukator agreed that the request was for a worthwhile cause, and suggested that
an article could be placed in the local newspaper encouraging contributions.
ORDERED on the motion of Alderman Mann, seconded by:Alderman Dilts~ that a
contribution of $500.00 be made to the Heart Machine Fund for Toronto Sick
Childtens Hospital. Carried Unanimously.
NOTE: Alderman Crowe was absent when the vote was taken
on this matter..
No. 176 - Mr, P.Y. Atkinson - Re| Consumers' Gas Company Municipal Gas Franchise
The comunication advises of an application and hearing of the Consumers' Gas
-9-
Company's pending application for approval of the terms and conditions of the
franchise agreement between the Company and the Municipality.
ORDERED on the motion of Alderman Mann, seconded by Alderman MacBain, that the
matter be tabled to determine if there are any changes in the agreement. Carried
Unanimously.
No. 177 - Consumers' Gas Company - Re: Application for Orders Approving Rates.
The communication advises of an application to the Ontario Energy Board for
rate increases.
ORDERED on the motion of Alderman Crowe, seconded by Alderman Jaluvka, that the
communication be received and filed. Carried Unanimously.
No. 178 - Ontario Hydro - Re: Additional Power Supply to the St. Catharines Area.
The communication advises of information centres that will be held to seek
comments from the public on the alternatives identified to meet the growing power
demands in the St. Catharines area.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that the
communication be received and filed. Carried Unanimously.
No. 179 -Casa D'Oro Restaurant - Re: Parking on Magdalen Street. The communication
requests that the no-parking on regulation on the south side of Magdalen Street
be removed.
ORDERED on the motion of Alderman Thomson, seconded by Alderman MacBain, that
the communication be referred to the Municipal Parking Committee. Carried
Unanimously. ~
REPORTS
No. 537 - City Manager - Re: Development Plan Approval, Proposed Motel on Ellen
Avenue, S. Skrlac. The report recommends approval of the subject development
plan as submitted.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 538 - City Manager - Re: Transportation of 121.5 Ton Shunters by E.S. Fox
Limited. The report recommends passage of a by-law to authorize an agreement
with E.S. Fox Limited to indemR{.~, ,.~_~ ~2~..%~~~fs~,ac~m~%,~,mml;.
against all loss, damage or injury that might arise as a result of the permission
being granted, and that staff be authorized to provide the necessary temporary
barricades and/or traffic signs during the proposed transportation by E.S. Fox
Limited.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Peras that the
report be received and adopted. Carried Unanimously.
See By-law No. 78-215
No. 539 - City Manager - Re: Maintenance of Regional Roads. The report
recommends that certain adjustments in maintenance of the Regional Road system
be approved~ and that the report be submitted to the Region with confirmst/on
of the City's acceptance of those adjustments.
ORDERED on the motion of Alderman Mann, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
No.. 540 - City Manager - Re: Sale of Used City Equipment. The report recommends
that income from the sale of used City equipment be held in reserve for purchase
of replacements of equipment required in 1979.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fete, that the
report be received and adopted. Carried Unanimously.
No. 541 - City Manager - Re: Storm Sewer Oversizing in Conjunction with Proposed
Reconstruction of Stanley Avenue from Ferry Street to Portage Road by the
Regional Municipality of Niagara. The report recommends that the oversizing
scheme be approved by Council and the cost of the oversizing of $22,924 to
be financed with funds available under By-law 73-267.
ORDERED on the motion of Alderman Mann, seconded by Alderman Sobol, that the
report he received and adopted. Carried Unanimously.
No. 542 - City Manager - Re: Aerial Surveys for Various Storm Sewer and Road
Construction Projects. The report recommends that the price of $2,536 submitted
by Pathfinder Air Surveys Ltd. to provide 1" to 40~ pencil manuscripts at 1'
contours be accepted.
ORDERED on the motion of Alderman Sobol, seconded by Alderman MacBain, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 99
- 10 -
No. 543 - City Manager - Re: Community Recreation Centres. The report
recommends passage of a by--law to establish twelve parks as additional
community recreation centres.
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
See By-law No. 78-21
No. 544 - City Manager - Re: Culvert Reconstruction on Weaver, M/sener and
Morris PaDads Contract C.R. 19-78. The report recommends: 1) acceptance of the
unit prices submitted by D.L. Stephens Contracting Niagara Ltd.; 2) That the
consulting engineering firm of DeLeuw Cather be engaged to provide inspection,
layout and general administration for the contract and foundation inspection;
3) That the consultant be reimbursed in accordance with the schedule of fees
suggested by the Association of Professional Engineers of Ontario for general
engineering projects, fee basis "A" - time plus expenses; and 4) That an upset
limit of $350.00 be placed on foundation inspection costs.
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that the-
report be received and adopted. The motion Carried with Alderman Stewart
abstaining on a conflict of interest, and all others voting in layout.
See Resolution No. 1
See By-law No. 78-21
No. 545 - City Manager - Re: 1978 Tree Planting Program, Contract T.P. 20-78.
The report recommends that the unit prices submitted by Gauld Nurseries Limited-
be accepted.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the ·
report he received and adopted. Carried Unanimously.
See Resolution No. 1
See By-law No. 78-21
No. 546 - City Manager - Re: Thorold Stone Road Sanitary Sewer. The report
recommends that Council request the Regional Municipality of Niagara to assume
the last section of 20-inch trunk sanitary sewermain on Thorold Stone Road
between Kalar Road and Mootrose Road.
ORDERED on the motion of Aldermen Schisler, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
No. 547 - City Manager - Re: Dates of Council Meetings Month of November, 1978.
The report recommends that the next regular meeting of Council he held on
November 20th, 1978, and advises that it may be necessary to hold a further
meeting on Monday, November 27th, to complete any unfinished items prior to
the installation of the 1979-80 Council.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
No. 548 - City Manager - Re: Disposal of Surplus Municipal Property on North
Side of Church's Lane. The report recommends that Niagara Falls Hydro be
requested to relocate a power line on the Churches Lane - St. Paul Avenue
road allowance at a cost of $7,000 and following the relocation, that tenders
be invited for the purchase of Parcel No. i as outlined.
ORDERED on the motion of Alderman Crowe, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously. _ ~' '
No. 549 - City Manager - Re: Revision of Leases - Municipally Owned Lands in
the Former Village of Chippawa. The report recommends adoption of suggested
fees for the use of certain street ends and vacant lots owned by the City in
the former Village of Chippaws, and that new leases be prepared incorporating
same.
The City Clerk indicated that there would be increases on 'iicence fees
for parcels #6 and #7.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Schisler, that
t~e report he received and adopted. Carried Unanimously.
No. 550 - City Manager - Rel Renewal of Lease - Provincial Court Facilities.
The report recommends that the Mayor and City Clerk be authorized to negotiate B
renewal of the lease between Her Majesty the Queen and the City of Niagara Falls
for the P~ovincial Court facilities, at an annual rental of $52,279.20 per year,
payable in advance in monthly instalments of $4,356.60.
ORDERED. on the motion of Alderman Cheesman~ seconded by Alderman 8obol, that the
report be received and adopted. Carried Unanimously.
.0o.oll
- 11 -
No. 551 - City Manager - Re: Vacancy on Committee of Adjustment.
recommends passage of a by-law to appoint Mrs. Margaret Veall to The report
the Committee
of Adjustment for the remainder of the term for which Mr. T. MacRae was
appointed.
ORDERED on the motion of Alderman Sobol, seconded hy Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
See By-law No. 78-219
No. 552 - City Clerk - Re: Resolutions from Other Municipalities.
1) City of Kitchener - Requesting the Province of Ontario to amend Bill 105 to
provide that non-resident hawkers and pedlars or salesmen be liable to an
increased llcence fee and that municipalities be given the power to prohibit
any specific type of business operation.
Recommendation - That the resolution be supported.
2) City of Welland - Petitioning the Ministry of Consumer & Commercial Relations
to have the Ontario Building Code amended to require installation of products
of combustion detectors in all dwelling units, including apartments in all
apartment buildings, regardless of the building height or the number of suites
contained therein.
Recommendation - That the resolution be endorsed and the appropriate bodies
be notified.
3) Town of Trenton and Township of Wainfleet - Requesting Changes in the laws
with respect to vandalism.
Recommendation - That both resolutions be endorsed.
4) City of Thunder Bay - Protesting any increase in the rent scale for public
housing.
Recommendation - That the resolution be received and filed and the City of
Thunder Bay be provided with an explanation for the Municipality's decision.
5) City of Chatham - Requesting the Province of Ontario to establish a continuing
program for the funding of public transportation services for the physically
disabled.
Recommendation - That the resolution be endorsed, subject to the establishment
of criteria of eligibility for a funding program.
6) City of London - Requesting the Province to introduce a revised assessment base
for the City of London for the year 1979.
Recommendation - That the resolution be received and filed.
7) City of Windsor - Requesting the Province to provide additional funding in
1978-79 under the Ontario Home Renewal Program.
Recommendation - That the resolution be endorsed.
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the
report be received and adopted. Carried Unanimously.
No. 553 - City Manager - Re: Development Plan Approval, Proposed Addition to
Niagara Falls Publishing Company, Morrison Street & Valley Way. The report
recommends approval of the subject development plan as submitted.
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart, that the
report be received and adopted. Carried Unanimously.
No. 554 - City Manager - Re: Development Flan Approvai, Proposed Addition to
Niagara Motel, Ferry Street. The report recommends approval of the subject
development plan as submitted.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that the
repo[t be received and adopted. Carried Unanimously.
No. 555 - City Manager - Re: Northwest Recreation Project, Phase 2 Acquisition.
The report recommends passage of a by-law to authorize the acquisition of lands
for the Northwest Recreation Project.
ORDERED on the motion of Alderman Crowe, seconded by Alderman Thomson, that the
report be received and adopted. Carried Unanimously.
See By-law No. 78-22~
No. 556 - City Manager - Re: Ryerson-Market N.I.P. Area. The report recommends
passage of a by-law to authorize the acquisition and clearance of land in the
gyerson-Market Redevelopment Area.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Sobol, that the
report be received and adopted. Carried Unanimously.
See By-law No. 78-22Q
No. 557 - City Manager - Re: 1978 Population Figures. The report provides the
figures to be used by the Province in calculation of certain grants for
municipalities in 1979.
ORDERED on the motion of Alderman Mann, seconded by Alderman Stewart~ that the
report be, received and filed. Carried Unanimously.
- 12 -
No. 558 - City Manager - Re: Nine Month Statement of Revenue and Expenditure.
The report provides the statement of revenue and expenditure for the tax supports
section, water supply system and parking fund for the nine month period ending
September 30, 1978.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Chessman, that
the report be received and filed. Carried Unanimously.
No. 559 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Fera, that the
report be received and adopted. The motion Carried with Alderman Stewart
abstaining on a conflict of interest with respect to Cheque #265, and all others
voting in favour.
RESOLUTIONS
No. 99 - SOBOL - MACBAIN - RESOLVED that the price submitted by Pathfinder Air
Surveys Limited to provide 1" to 40' pencil manuscripts at 1' contours be accept~
'at the quoted price of $2,536.00; AND the Seal of the Corporation be hereto
affixed.
Carried UnanimouslX
No. 100 - MANN - SCRISLER - RESOLVED that the unit prices submitted by D.L.
Stephens Contracting Niagara Limited for the reconstruction of culverts on
Weaver, Missnor and Morris Roads, be accepted at the tendered price of
$61,517.00; AND the Seal of the Corporation be hereto affixed.
Carried with Alderml
Stewart abstaining
a conflict of intere~
and all others votin
in favour.
No. 101 - THOMSON - FERA - RESOLVED that the unit prices submitted by Gauld
Nurseries Limited for the 1978 tree planting program, be accepted at the quoted
price of $23.51 per tree; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
ORDEFaD on
be granted
time:
the motion of Alderman Mann, seconded by Alderman Crows, that leave
to introduce the following by-laws, and the by-laws be read a first
No. 78-215
No. 78-216
- A By-law to authorize an agreement with E.S. Fox Limited.
- A By-law to provide for the establishment.of certain community
centtea in the City of Niagara Falls.
No. 78-217
- A By-law to authorize the execution of an agreement with D.L. Steph
Contracting Niagara Limited for the reconstruction of culverts on
Weaver, Missnor and Morris Roads.
No. 78-218
No. 78-219
No. 78-22~
- A By-law to authorize the execution of an agreement with Gauld
Nurseries Limited for the 1978 Tree Planting Program.
- A By-law to amend By-law No. 77-21 providing for appointments to
certain Boards, Comm4ssion8 and Committees.
- A By-law to authorize the acquisition of land for park and recreati
purposes.
No. 78-220
No. 78-222
- A By-law to authorize the acquisition and clearance of laud in the
RYersontMarket Redevelopment Area of the City.
- A By-law to authorize an agreement with H.J. Voth & Sons Limited
amending Contract G.C. 11-78 dated AuSust 23rd, 1978 between the
Corporation of the City of Niagara Falls and H.J, Voth & Sons Limit
to provide for the construction of-watermains, sewermaine and base
roads in the Falls Industrial Park Extension Plan of Subdivision ~
the payment therefor 'out of monies received from the .sale of land i
the Palls Industrial Park Plan of Subdivision,
- 13 -
No. 78-223 - A By-law to provide monies for general purposes.
No. 78-224 - A By-law to authorize the sale of land in the Falls Industrial
Park Extension.
No. 78-217
Carried with Alderman
Stewart abstaining on
a conflict of interest
with respect to Cheque
#265 of By-law 78-223,
and all others voting
in favouro
ORDERED on the motion of Alderman Mann, seconded by Alderman Chessman, that the
following by-laws be now read a second and third time:
No. 78-215 - A By-law to authorize an agreement with E.S. Fox Limited.
No. 78-216 - A By-law to provide for the establishment of certain community
recreation centtea in the City of Niagara Falls.
- A By-law to authorize the execution of an agreement with D.L. Stephens
Contracting Niagara Limited for the reconstruction of culverts on
Weaver, Misener and Morris Roads.
No. 78-218
No. 78-219 -
No. 78-221 -
- A By-law to authorize the execution of an agreement with Gauld
Nurseries Limited for the 1978 tree planting program.
A By-law to amend By-law No. 77-21 providing for appointment8 to
certain Boards, Commissions and Committees.
A By-law to authorize the acquisition of land for park and recreation
purposes.
No. 78-220 -
No. 78-222 -
No. 78-223 -
No. 78-224 -
A By-law to authorize the acquisition and clearance of land in the
Ryerson/Market Redevelopmerit Area of the City.
A By-law to authorize an agreement with H.J. Voth & Sons Limited
amending Contract G.C. 11-78 dated August 23rd, 1978 between the
Corporation of the City of Niagara Falls and H.J. Voth & Sons Limited
· to provide for the construction of watermains, sewermains and base
roads in the Falls Industrial Park Extension Plan of Subdivision
and the payment therefor out of monies received from the sale of land
in the Falls Industrial Park Plan of Subdivision.
A By-law to provide monies for general purposes.
A By-law to authorize the sale of land in the Falls Industrial Park
Extension.
Carried with Alderman
-- Stewart abstaining on
a conflict of interest
with respect to Cheque
#265 of By-law 78-223,
and all others voting
in layout.
It was moved by Alderman Mann, seconded by Alderman Crows, that Council
adjourn to Committee of the Whole. Carried Unanimously.
READ AND ADOPTED,
ERK
[~YOR
- 14 -
COMMITTEE OF THE WHOLE
Conmnittee Room #1
October 30, 1978
Council met in Committee of the Whole on Monday, October 30, 1978, followiD
a regular meeting of Council. All members of Council were present with the
exception of Alderman Orr. Alderman Fera presided as Chairman.
Foilowing consideration of the items presented, the Committee of the Whole
arose without reporting.
READ AND ADOPTED,
MAYOR
Council Chambers
October 30, 1978
Council reconvened in open session on Monday, October 30, i978, following
a meeting in Committee of the Whole. All members of Council were present with
the exception of Alderman Orr. His Worship, Mayor Bukator presided as
Chairman.
The meeting adjourned.
READ A~O ADOPTED,
~ -, ~ ' MAYOR
TWENTY-EIGHTH MEETING
Committee Rooms #2 & 3
November 8, 1978
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole on Wednesday, November 8, 1978 at
4:30 p.m. All members of Council were present with the exception of Aldermen
Crowe, Fera and Thomson. His Worship, Mayor Bukator presided as Chairman.
Following consideration of the items presented, it was moved hy Alderman
Cheesman, seconded by Alderman Schisl~r, that the Committee of the Whole rise
and report. Carried Unanimously.
SPECIAL MEETING
Committee Rooms #2 & 3
November 8, 1978
Council met on Wednesday, November 8, 1978 at 5:15 p.m. in special session.
All members of Council were present with the exception of Aldermen Crowe, Fera
and Thomson. His Worship, Mayor Bukator presided as Chairman.
RESOLUTION
No. 102 - ORR - DILTS - RESOLVED THAT WHEREAS clause (b) of subsection 2 of
section 29 of The Planning Act provides in part that no person shall convey
land by way of a deed or transfer unless, the Grantor by deed or transfer does
not retain the fee in any land abutting the land that is being conveyed; and
WHEREAS in the case of Re: Getace and Thompson (1977), 15 O.R. (2d) 698, it was
held that a wife who together with her husband owned two adjoining properties as
Joint tenants, could release her interest in one property to her husband without
consent referred to in section 29 of The Planning Act, since she did not hold
the "fee" in the adjoining lands as they were not her's to dispose of absolutely;
and
WHEREAS in reliance upon the decision in the aforesaid case and other cases
cited therein certain parcels of land in the City of Niagara Falls, have been
subdivided into parts in a manner set forth in Schedule "A" attached hereto
without a plan of subdivision describing such parts having been registered and
without consent to convey any of such parts having been obtained; and
WHEREAS the Council of the Corporation deems such subdivision of lands to be
contrary to the principle of proper and orderly development of lands within
the City of Niagara Falls;
NOW THEREFORE BE IT RESOLVED THAT:
1) The Council of the Corporation of the City of Niagara Falls hereby requests
the Minister of Housing the Honourable Cluade Bennett to forthwith take such
action as may be necessary to prohibit the subdivision of lands in the manner
described by way of example in Schedule "A" attached hereto.
2) The Mayor and representatives of the City be directed to immediately enter
into discussions with officials of the Ministry of Housing in order to expedite
the action requested by this Council as set forth in section 1 of this resoiution.
SCHEDULE '~"
to
RESOLUTION N0. 102
OF THE CITY OF NIAGARA FALLS
EXAMPLE OF PROCEDURE USED TO SUBDIVIDE LANDS
WITHOUT REGISTERED PLAN OF SUBDIVISION OR SEVERANCE
1. "A" holds parcel of land solely in fee simple.
2. "A" deposits reference plan against title of parcel
describing parcel as Parts 1, 2, 3, 4 and 5.
3. "A" conveys Parts 1 to 5 inclusive on reference plan
to "~" and "C" as Joint tenants in fee simple.
"A" OWNER OF
WHOLE PARCEL
{1 2I 3 4]
1 2 3 4
B+C B+C B+C B+C
JT JT JT JT
-2-
"B" conveys his interest in Parts 1, 3 and 5 on
reference plan to "C" without Planning Act consent.
(See Re: Getace and Thompson)
1 2 3 4
B~:- C B+C B~, C B+C B
JT JT
"C" conveys Parts 1, 3 and 5 to "D" without Planning
Act consent (see Re: Dean and Coyle (1973)
30.E. 185, 36 D.L.R. (3d) 209.)
; AND the Seal of the Corporation be hereto affixed.
1 2 3 4
G
JT
JT -- Joint Tenant
Carried Unanimously
It was moved by A/derman Orr, seconded by Alderman Dilts, that the meeting
adjourn. Carried Unanimously.
READ AND ADOPTED,
MAYOR
m
TWENTY-NINTH MEETING
Committee Room
November 20, 1978
COMMITTEE OF THE WHOLE
Council met in Committee of the Whole on Monday, November 20, 1978 at
6:00 p.m. All members of Council were present with the exception of Alderman
Crows. Alderman MacBain presided as Chairman.
Following consideration of the items presented, the Committee of the l~ole
arose and directed that the decisions reached in Committee be ratified in Open
Session during the course of the Council meeting.
READ ~ ADOP ED,
\
~LAYOR
Council Chambers
November 20, 1978
Council met on Monday, November 20, 1978 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 MacBain offered the Opening Prayer.
ADOPTION OF MINUTES
With respect to the November 8th, 1978 Council minutes, Alderman Cheesman
commented that occasionally, a special meeting is scheduled for Committee of
the Whole as was on November 8th. While it may not always happen that the
Committee will rise and report and make a public resolution, on November 8th
such action was taken, and there was no representative of the press or public
present or adequate action taken whereby the decision was revealed to the
public immediately. The Alderman felt that in the future, care should be taken
to notify the media that such a meeting has been scheduled, and that there is
no guarantee there will be any decision following that meeting. It would then
be up to the press as to whether or not there will be representatives present.
It was moved by Alderman Cheesman, seconded by Alderman Mann, that in future,
the media be advised of the scheduling of such special Committee of the Whole
meetings so that arrangements can be made for proper representation in the
event the Committee of the Whole should rise and report in Open Session. Carried
Unanimously.
It was moved by Alderman ~mnn, seconded by Alderman Jaluvka, that the
minutes of the meetings held on October 30, 1978 and November 8, 1978, be adopted
as printed. Carried Unanimously.
DEPUTATION
ST. ARCHANGEL MICHAEL SERBI.~Jq ASSOCIATION BINGO PERMIT
It was moved by Alderman Mann, seconded b~ Alderman ~omsbn, that
representatives of those groups present with respect to the subject application,
be granted permission to address Council. Carried Unanimously.
Alderman Orr commented that the Serbian Church had purchased the former
theatre building on Main Street and had made renovations, making the building
much more attractive. In order to pay for the building, the Alderman stated
that the Church as well as other service groups and Churches, must raise
funds through various activities such as bingo. Alderman Orr felt that the
Serbian Church had a lot to give for the people of the City, and that it was
unfair of the various groups and Churches to ask Council to act preJudicially
a~ainst the Serbian Church. The Alderman suggested that hours could be worked
out whereby every group would benefit~ a~td requested the groups to'go back
and at~emp~ to workout a compromise.
-2-
Father Michetti of St. Ann's Church advised that the Serbian cultural
centre was only a few blocks from St. Ann's Church, and that both groups
would be depending on the same people to attend. If permission were granted,
Father Michetti advised that he would have to consider changing the night on
which his bingo would be held, possibly to Monday. To move'to Monday, the
hall which is used for bingo, would have to be refused to St. Ann's School
and various groups normally using the hall on Monday. This could be a problem
since the group leaders might not be available on other nights. Father
Michetti stated that the majority of the time, the hall is not rented for
weddings but used by groups and various associations, not just those involved
with the Church. Quite often the charge is low, only enough to pay expenses,
and if a group does not have enough to pay the rental fee, the hall is used
free of charge. Father Michetti stated that if the Serbian Church bingo was
held at the other end of the City, he would not object, but since the two
buildings are so close, a loss of even fifty players could result in the
closing of the St. Ann's bingo. Father Michetti also advised that during the
summer months, the Church cannot rent the hall because there are not enough
spaces in the parking lot, and questioned how many spaces.Were being provided
at the Serbian cultural centre.
Mr. R. Atack of the Stamford Volunteer Fireman commented that his
association carries on many kinds of activities in the community, and depends
quite heavily on fund raising activities such as bingo. While Mr. Atnck did
not question the good work or the right of the Serbian Church to operate a
bingo, he did question the wisdom of Council granting another bingo, since
the competition for the bingo dollar in the City is quite keen. Mr. Atack
felt that another bingo in the City could result in several others going
under.
Mr. W. Cooper of the Labour Council also stated that no one was opposed
to the Serbian Church trying to do something for the good of the community.
The problem was that for the past year, bingoes have been cropping up everywhere
and the existing groups who donate tothe good of the community are finding it
difficult to compete to the degree that the income does not offset the amount
being spent. Mr. Cooper stated that if too many bingoes are allowed in a
given area, someone will not do any business. It was felt that in refusing
the lfcence, C6uncil would not be depriving any given~eup but if granted, c0nl
result in less money for all involved to'do the good they are trying to do.
Mr. S. Pfiffer of St. Thomas-More Church pointed out that bingoes are held
every evening except Sunday, and no matter when the Serbian Church holds their
bingo, some group will object. Mr. Pfiffer stated that on Thursdays, Fridays
and Saturdays there are only two bingoes, the reason being these are traditional
shopping nights and cautioned Council to be very careful about these nights.
Mr. J. Barich of the Stamford Lions Club stated £hat his organization of
sixty families has in the past four years, turned back into the community the
equivalent of $50,000 of the public's money. Facilities have been provided for
any organization worthy of assistance. Mr. Barich stated that the Serbian
cultural centre~ which is under a corporate structure, came to Council and
applied for a liceace to operate a bingo, and then turned around and applied for
the liceace in the name of the Church itself. The cultural centre has now been
made into a very attractive property, and Mr. Barich felt the citizens of the
City should be aware that the cultural centre has applied for financing
through Winratio which will drain thousands of dollars out of the pockets from
the people who support local organizations which in turn support the community,
Mr. Barich felt the taxpayers should he aware they are providing free parking
for the centre and that the Serbian Church has made application for tax relief"
payable on the centre. .Mr. Barich asked who would benefit from all of the
funds going to the cultural centre, and if it was possible that the corporate
structure would end up in the hands of one or two individuals in a few years.
In s,,mm.~y, Mr. Barich asked what the Serbian cultural centKe-would contribute
for the taxpayers of the City.
Mr. D. zakula of the Serbian Church stated that regardless of the night
chosen to operate the bingo, there would be opposition from some group. With
respect to the work the Church does for the community, Mr. Zakula advised that
the Church has a string orchestra which plays at the hospital and homes for
the abed as a cultural duty. The Church supports the Serbian Brothers which
· is really the Red Cross; Christmas baskets are delivered; and a scholarship
fund has been-established for highschool students. All of this is financed
through a congregation of sixty-five families and is quite an undertaking.
With respect to the Winratio grant, Mr. Zakula advised that application has
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been made, however there is no guarantee a grant will be made. Mr. Zakula
also pointed out that this option is available to any group in the Province.
With respect to parking, Mr. Zakula advised that there is a certain amount
of land behind the centre which can be used for parking by anyone in the
City free of charge. Mr. Zakula stated that the Serbian
~_~.~F treated like any other ..~i~m' has applied for a liceace, and
.X,~M out that the Church could not be faulted because it did not apply
for a liceace ten years ago.
Alderman Mann stated that it was disappointing to hear other groups
being critical of a particular group in the City. The Alderman stated that
he was not concerned over the night that was chosen, and felt that the group
was entitled to operate the bingo. Alderman Mann advised that he was aware
of another service group interested in operating a bingo, and felt that both
groups were very worthwhile organizations and it was not up to Council to
determine whether or not a group was worthy enough to obtain a licence.
Alderman Mann also commented that it was hypocrital of people to use the
question of parking as a reason to deny the licence.
In response to a question raised by Alderman MacBain, the Deputy City
Solicitor advised that Council had the right to refuse the licence at its
discretion, as long as this right is exercised in a proper manner. Alderman
MacBain stated that he was not concerned as to whether or not the groups
were worthy of consideration. His main concern was that all of the evenings
from Monday to Saturday now have about the limit for bingo. Alderman MacBain
suggested that it might be wise to wait until there is an opening before
granting any further licences, since there would be no sense in allowing the
Serbian Church to operate a bingo if it wohld be putting St. Ann's Hall in
jeopardy.
Alderman Jaluvka expressed surprise that Council was debating the issue
again, and pointed out that the matter had been quite well aired previously.
The matter of the charitable status of the organization had been dealt with,
as well as the group's activities in the City. The Alderman pointed out that
it is a free country and that the Church had applied in good faith and have
met the minimum criteria for bingo. To that extent, Alderman Jaluvka felt
the group was entitled to operate a bingo.
Following further comment, it was moved by Alderman Mann, seconded by
.Alderman Jaluvka, that the liceace be granted to allow the St. Archangel Michael
Serbian Orthodox Church to operate a bingo on Wednesday evenings. %~e motion
Carried with the following vote:
AYE: Aldermen Cheesman, Dilts, Jaluvka, Mann, Orr, Schisler, Sobol and Stewart.
-NAYE: Aldermen Fera, MacBain and Thomson.
UNFINISHED BUSINESS
SHRINER'S CREEK
Report No. 560 - City Manager - The report advises that if acceptable, it would
be in order for Council to authorize the City to refund to Taro and the Owners,
50% of the amount contributed by them towards the additional engineering fees
appraisal and negotiation fees with respect to the Shriner's Creek project.
ORDERED on the motion of Alderman Mann, seconded by Alderman Thomson, that
the report be received and adopted. Carried Unanimously.
YORK MANNOVER DEVELOPMENTS LIMITED - PROPOSED FERRIS WHEEL AT MAPLE LEAF VILLAGE
SITE AND APPLICATIONS FOR JUDICIAL REVIEW TO SET ASIDE THE DECISION OF THE
COMMITTEE OF ADJUSTMENT OF THE CITY OF NIAGARA F.aiLS, DATED JUNE 20TH, 1978
Report No. 561 - City Manager - The report advises that an application for
Judicial Review to set aside the decision of the Committee of Adjustment of
the City of Niagara Falls dated June 20th, 1978 on the application of York
Henhover Developments Limited, File No. A-42/78, has now been brought by C.I.
Burland Properties Limited and Beefeater (Niagara) Limited. The application
is in the nature of a "companion application" to the City's similar application
for Judicial Reviewwhich has also been launched pursuant to Council's resolution
of October 16th, 1978.
ORDERED on the motion of Alderman Thomson, seconded by Alderman gchisler, that
the report be received and filed. Carried Unanimously.
4
APPLICATION FOR BUILDING PERMITS - YORK HANNOVER DEVELOPMENTS LIMITED
His Worship, Mayor Bukator advised that York Hannover has made application
for two ~ building permits. The matter was discussed and it was determined that
it should be reviewed in Committee of the Whole. During the Committee of the
'I'~ole meeting, it.was directed that the matter now be presented in open seas
The Building & Development Co-ordinator advised that the Building &
Development Department is in receipt of two building permit applications for
buildings to be erected on the rear lands of the Maple Leaf Village project.
The one application is for a storage building of a size 70 feet by 60 feet
and has been made by the owner of the property York Mannover Developments.
The second application is for three separate buildings, a washroom building,
shop and games building and compressor pad. The application has been made
by the contractor for the job, John Tries Construction Limited. The land on
which the buildings are to be constructed is zoned industrial one as set out
in Zoning By-law No. 5335, 1955. The by-law permits uses such as commercial
amusements and recreational places and the locations of the proposed buildings
comply with the requirements of the by-law. In the review of the construction
plans that have been submitted, the Department was satisfied that the
requirements of the Ontario Building Code have been met. It was advised
that these applications are being brought to the attention of Council at this
time due to the fact these are the first applications received for buildings
to be erected in the amusement area. It was also drawn to the attention of
the members of Council that although the site plan submitted shows that
adequate on-site parking is being provided for the entire York Mannover
properties, some of the parking is located in the area which is tentatively
designated for some of the proposed rides. The Building & Development
Co-ordinator advised that the position taken by his department, was that at
each stage of development, plans will have to be submitted to ensure that the
zoning by-law is being complied with. A brief description was given of the
plans submitted with the building permit applications. The Building & Develop-
ment Co-ordinator advised that one of his concerns is that one plan shows
parking on lands where amusement rides were to be located. It has been
explained to the applicants that if they wish to put anything on these lands,
parking will have to be complied with at that time.
Alderman Mann commented that the applicatlons are n"~t contrary to any
City by-laws, and presently sufficient parking has been provided for the
buildings to be constructed. The Alderman felt that there was no need for
the matter to be brought to Council other than the question of future parking,
since a decision is not required by Council on whether or not the building
.permit should be issued.
Alderman Thomson agreed that legally, the City had to issue the building
permit, but commented that since there had been such a great deal of controversy
and opposition to the project, the residents and busiaesses in the area in
opposition, should have been given the opportunity to be'present at the Council
meeting. The Alderman was concerned that these people would not find out
about the building permits until they had.seen the newspaper, and that as
a matter of courtesy they should be allowed to hear about the matter first-hand.
Alderman Thomson suggested that a special meeting could be arranged for the
next evening for the persons .involved to hear the presentation, and that one
more day would make no difference as far as issuing the Building permit was
concerned.
Alderman Chessman agreed that the residents most closely concerned should
be informed of each step of development, but pointed out that the Building and
Development Co-ordinator has exacted from the developers that which the City
is entitled to under the by-laws so that everybody fn the community is protected
The Alderman stated that the permits involved are an interim m~asure and there
will be further development requiring additional parking. At that time, if
sufficient parking is not provided, no building permit would' be issued.
Alderman Fera stated that he had given his word to the residents in the
area that they would be notified of anything that took place with respect to
Maple Leaf Village, and that Council should take no action on the buildin8
permits until the residents were present at the meeting. Aldermen Orr and
Sobol agreed that it is the right of those residents to hear of the matter
first-hand because of the effect the development may have on their properties.
Alderman Chessman felt that Aldermen Fera, Orr, Sobol and Thomson were more
concerned that necessary. The Alderman pointed that Council cannot pass on the
on-going business of the City at any step in the fear some particular group
has not been forewarned.
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Alderman MacBain commented that he was not sure the residents in the
area would understand, and they might think that Council had moved too fast.
The Alderman agreed that a special meeting arranged very quickly should be
held so that the interested residents could hear the explanation of the
Building & Development Co-ordinator personally. Alderman MacBain pointed out
that Maple Leaf Village is a highly emotional issue and the residents had been
promised that they would be kept fully advised of all developments.
Alderman Schisler stated that it was not necessary for Council to rule
on the building permit, since the application meets all requirements of the
by-laws. The Alderman pointed out that the City had no alternative but to
issue the permit, and if the permit was not issued, a mandamus order could be
brought against the City. Alderman Mann agreed with this comment, and pointed
out that if the developer were to take such action, the City would be faced
with further legal costs. While he had no objection to meeting with the
residents, Alderman Mann stated that the residents could not object or expect
the City to refuse the building permit since all conditions have been met.
Alderman Dilts advised that he would have liked to have the residents
present, however because the City could not refuse to issue the permit and
since the applications comply with all regulations, he could not vote against
the permits being issued. The Alderman was quite sure that the residents
were protected on this aspect of the development.
Following further comment, it was moved by Alderman Mann, seconded by
Alderman Stewart, that the building permits be issued by the Building & Development'
Co-ordinator. The motion Carried with thQ following vote:
AYE: -Aldermen Cheesman, Dilts, Jaluvka, Mann, Schisler and Stewart.
NAYE: Aldermen Fera, MacBalm, Orr, Sobol and Thomson.
NOTE: .Alderman Mann retired from the meeting.
COMMUNICATIONS
No. 180 - Lundy's Lane Historical Society - Re: Annual Dinner Meeting. The
communication extends an invitation to the members of Council to attend the
annual dinner meeting of the Society on November 24, 1978.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Schisler, that
the Society be thanked for the invitation, and the communication be received
and filed. .Carried Unanimously.
No. 181 - Stamford Oldtimers - Re: Special Events Permit. The communication
requests approval of Council for a special events permit allowing the team
to'serve alcoholic beverages during the annual tournament.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
approval be granted subject to the organization receiving approvals of the
Regional Police, Health Unit and the L.L.B.O. Carried Unanimously.
No. 182 - Non-Smokers' Rights Association - Re: Regulation of Smoking in Public
Places. The communication outlines suggested changes that could be incorporated
into the proposed smoking by-law.
ORDERED on the motion of Alderman Orr, seconded by Alderman Sobol, that the
communication be referred to the Special Committee for further consideration.
Carried Unanimously.
No. 183 - Niagara Resort & Tourist Association - Re: Regulation of Smoking in
Public Places. The communication advises that the N.R.T.A. feels any plans to
introduce a by-law to prohibit smoking in commercial establishments be
abandoned, at least for the time bein8.
ORDERED on the motion of Alderman Orr, seconded by Alderman Sobol, that the
communication be referred to the Special Committee for further consideration.
Carried Unanimously.
No. 184 - Ministry of Housing - Re: Community Services Grant Program. The
communication advises that no final agreement has been entered into with the
Federal Government and there are still a number of issues to be resolved with
respect to the subject Program. It is further advised that it will not be
possible to approve any proposed projects under the proposed program.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Jaluvka, that
the communication be received and filed. Carried Unanimously.
No. 185 - Regional Municipality of Niagara - Re: Reconstruction of Stanley Avenue.
The communication advises a construction by-law and tender call for the
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reconstruction of Stanley Avenue from Dixon Street to Ferry Street in the
City of Niagara Falls.
ORDERED on the motion of Alderman Jaluvka, seconded by Alderman Dilts, that the
communication be received and filed. Carried Unanimously.
'No. 186 - Mr. M. Swart, MPP Welland-Thorold - Re: Reform of Assessment. The
communication advises of the position taken by the N.D.P. Treasury Team with
respect to reform of assessment.
ORDERED on the motion of Alderman Jaluvka, seconded by Alderman Dilts, that the
communication be received and filed. Carried Unanimously.
NOTE: Alderman Crows arrived at the meeting.
No. 187 - Mr. P. Pasquet - Re: Resignation from Committee of Adjustment. The
communication submits the resignation of Mr. P. Pasquet as Chairman of the
Committee of Adjustment.
Alderman MacBain felt that regardless of the position taken by City Council
with respect to recent Committee of Adjustment decisions, that Mr. Pasquet shoul
be thanked for his work with the Committee Of Adjustment and the contributions
he had made over the years to the City. Alderman Chessman agreed with Alderman
MacBain and commented that the City would be losing a person of great experience
and knowledge, and that perhaps Mr. Pasquet's services could be-used in some
other capacity to assist the City.
His Worship, Mayor Bukator advised that when he had learned of Mr. Pasquet'
resignation, he had sent a letter of thanks to Mr. Pasquet, and had requested
that he continue to serve as Chairman of the Comm4ttee until such time as a
replacement can be appointed.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Chessman, that
the resignation be accepted and take effect upon the date of the appointment of
a replacement. Carried Unanimously.
No. 188 - Mr. W.K. Pattison - Re: Resignation from Committee of Adjustment. The
communication submits the resignation of Mr. W. Partleon from the Committee of
Adjustment.
ORDERED on the motion of Alderman MacBain, seconded by-A~derman Thomson, that
the resignation be accepted and take effect upon the date of the appointment of
a replacement, and further that Mr. Pattison be thanked for his work on the
Commj tree of Adjustment. Carried Unanimously.
Alderman Chessman referred to the notices of hearing members of Council
receive with Council agenda material, and advised that a notice was sent out
for a meeting to be held on November 14th, and was no~ received by members of
Council until November 17th. The Alderman stated that while the opportunity
was still available for Council to object during the appeal period, Council
did not have the opportunity to submit comments prior to the hearing.
Alderman Chessman suggested that members of Council should receive future
notices separately from the Council agendaa, so that if in the future Council
may wish to comment on a particular application advance, that opportunity
would be available. The Alderman also suggested that a member of the Clerk's
Department staff contact the members of Council following the hearing to
advise of the action taken by the Committee on the variances heard.
Alderman Thomson stated that he was not really sure if he wanted to
be contacted regarding every single minor variance since some are very routine
involving only slight variances. The Alderman did agree that Council should
have an opportunity to comment on major or controversial developments prior
to the Committee of Adjustment hearing, and if this were to involve a delay of
a week or so, it would not Jeopardize a project. Alderman Thomson advised
that the matter was under consideration, and some type of system of advance
notification would be established shortly.
No. 189 - Chippawa Drake Hotel Oldtimers Hockey Club and Niagara Falls Skylon
Oldtimers Hockey Association - Re| Special Occasion.Permit. The communication
.requests Councilts approval of a special occasion permit in order to serve
alcoholic beverages at the Second Annual Al Reid Memorial Oldtimers Hockey
Tournament.
ORDERED on the motion of Alderman 8chisler, seconded by Aldermen Fera, that
approval be granted Subject to the organizations receiving approvals from
the Regional Policet Health Unit and the L.L.B.O. Carried Unanimously.
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REPORTS
No. 562 - City Clerk - Re: AM-24/75, Restricted Area By-law 78-89, as Amended
by By-law 78-98, N.P.H.B. Development Limited, Ascot Woods Stage 2 Subdivision.
The report advises that the Ontario Municipal Board has appointed Thursday,
January 11, 1979 at 11:00 a.m. in the City Hall 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 Dilts, that
the report be received and filed. Carried Unanimously.
No, 563 - Recreation Commission - Re: Niagara Falls Kinsmen Club Park. The
report recommends that Council authorize City staff to work with the Kinsmen
Club on the technical matters relating to the preparation of a final plan
for Council.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
No. 564 - City Manager - Re: C.M.H.C. Grant for Conrail Drainage Channel
and Storm Sewers. The report recommends passage of a resolution authorizing an
application to C.M.H.C. for a grant for the open drainage channel and storm
sewer works.
ORDERED on the motion of Alderman Sobel, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 103
No. 565 - City Manager - Re: Rental of Snow Removal Equipment. The report
recommends acceptance of all tenders submitted for the rental of snow removal
equipment.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
No. 566 - City Manager - Re: Methane Gas at Houck Park. The report recommends
inclusion of an amount of $2500 for consideration in the 1979 budget for an
investigation of the effects of the existing system on homes along the west
side of the Park, and further that Hydrology Consultants be asked to submit
a detailed estimate cost for this work.
Alderman MacBain asked if any steps are being taken in the existing
landfill site to offset the problem of methane gas as has occurred with Houck
Park. The Director of Municipal Works advised that a visual inspection of
the current landfill site and the former Mentress Road/McLeod Road site has
taken place and the indication is that there is no immediate danger. Vertical
pipes have been installed at the Mountain Road site for venting purposes.
The'Director of Municipal Works further advised that the method normally used
to release the methane gas underground, is to install a venting system high
enough that the gas can be absorbed into the air harmlessly. In some
situations a small building is constructed with actual pumps to draw the gas
from underground. Investigations are carried out while the ground is frozen
since it is then possible to determine how serious a problem the methane gas
presents.
ORDERED on the motion of Alderman MacBaln, seconded by Alderman Thomson, that
the report be received and adopted. ' Carried Unanimously.
No. 567 - City Manager - He: Montrose Road Landfill Site. The report advises
that under existing conditions, the Mentress Road Landfill Site will likely only
last until the end of 1980, and offers various options to prolong the lifetime
of the site.
The Director of Municipal Works advised that on October 31st, a report was
received from the City of St. Catharines Engineering Department indicating that
St. Catharines would be restricting use of their large landfill site to their
own vehicles plus commercial trucks with putrescible materials only. Their
fees will be increasing from 65¢ per ton to $3.50 per ton January let, 1979, and
to $6.00 per ton on January let, 1980. The rates charged by St. Catharines had
presented a problem before, and the Director of Municipal Works commented that
it was obvious how the increased rates would affect the City's landfill site.
It was also advised that there are areas in St. Catharines where non-putrescible
materials can be taken at a charge. The Director of Municipal Works stated
that no firm decision was required with respect to the City's site, and suggested
that a committee could be formed in the new year to consider the matter.
Alderman MacBain stated that he was most disturbed to find that no mention
was made of the possibility'of acquiring another landfill site in the five year
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capital budget. The Alderman hoped that this was not an indication that
other major items could be missing from the capital budget. The Director of
Municipal Works pointed out that at the time the capital budget was approved,
the information on the life of the landfill site was not available. Another
matter that is being considered in this respect, is possible Regional involve-
'ment, and this aspect is being reviewed with the Regional Resource Recovery
Committee on which there is representation by the City. Alderman Sobol agreed
that there should be more involvement by the Region, but pointed out that the
current thinking is that there will always be a need for sanitary landfill sites
whether or not a resource recovery plan is developed.
Following further comment, it was moved by Alderman MacBain, seconded by
Alderman Cheesman, that the report be tabled and that a special committee be
appointed by the 1979-80 Council to recommend immediate action. Carried
Unanimously.
No. 568 - City Manager - Re: Contract W.I. 17-78, 1977 Current Budget Watermain
Installations. The report recommends acceptance of the unit prices submitted
by Alden Contracting Ltd. for the subject contract.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 1
See By-law No. 78-22
No. 569 - City Manager - Re: Sale of Land - Belmont Avenue. The report recommen
the sale of a triangular parcel of property on the east side of Belmont Avenue,-
north of Lundy's Lane, be sold to Mr. M. Christopher at a price of $4,050.00,
and that the offer of the City remain in effect for sixty (60) days.
ORDERED on the motion of Alderman theesmart, seconded by Alderman Crows, that the
report be received and adopted. Carried Unanimously.
No. 570 - City Manager - Re: Disposal of Surplus M.T.C. Property. The report
recommends that the City not acquire property on Royal Manor Drive south of
Highway #420 at the revised purchase price of $100,000, and that the Ministry
of Transportation & Communications be so advised.
ORDERED on the motion of Alderman Crows, seconded by Alderman Schisler, that
the report be received and adopted. Carried Unanimously.
No. 571 - City Manager - Re: Disposition of Surplus Property - M.T.C. The
report recommends that the M.T.C. be notified that the City has no interest
in purchasing land at the southwest comer of Drummond Road and Bellevue Street,
and that notice of the availability of the property be forwarded to the
Regional Municipality of Niagara.
ORDERED on the motion of Alderman Crowe, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
No. 572 - City Manager - Re: Application of Consumers~ Gas to the Ontario
Energy Board. The report advises that the draft agreement submitted to the
Ontario Energy Board as part of Consumers' Gas Company's application for a
franchise agreement, is identical to the form agreed upon by the City. The
report further advises that due to the recent mail strike, a new hearing date
is to be announced by the Board.
ORDERED on the motion of Alderman Dilts, seconded by Alderman~C~.~owe, that the
report be received and filed. Carried Unanimously.
No. 573 -Clty Manager - Re: Intersection of Wluston Street and Warden Avepue.
The report recommends preparation of a by-law to provide for the erection of a
stop sign facing westbound traffic on Winston Street at its intersection with
.Warden Avenue.
ORDERED on the motion of Alderman Crowe, seconded by Alderman Thomson, that
the report be received and adopted. .Carried Unanimously.
No. 574 - City Manager - Re| Parking Downtown. The report recommends that the
*~Ctty Manager be authorized to take the necessary steps to allow free parking at
all downtown on-street metered spaces from now until December 31, 1978.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that
the report be received and adopted,~ Carried Unanimously.
No. 575 - City Manager - Re| Tennis Court Construction. The report recommends
that the City Manager be authorized to spend up to $6,000 on a tennis court
'base at N.F.C.V.I. utilizing funds previously reserved for Welcome signs.
Alderman Orr stated that it was his understandins that funds were placed
in the Recreation Commission budget specifically for the hard top surface at
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N.F.C.V.I. During the Fall, the Board of Education was advised that the
money would not be provided because of the possible development of a park
in the Ryerson/Market N.I.P. area. The Alderman questioned who made the
decision to remove the money from the budget and why Council was not informed.
Alderman Orr stated that presently the students at N.F.C.V.I. run down to
the small park on Ontario Avenue and are allowed use of one tennis court.
The Alderman questioned where the $8,000 was spent since it was no longer
in the budget, and asked if it was used to sod Oakes Park. Alderman Orr
was critical of the fact that funds would now have to be taken out of a
reserve account for welcome signs, and requested an explanation from staff.
Alderman Schisler advised that the matter was discussed by the Recreation
Commission and that he did recall the project being proposed at one time, and
subsequently held in abeyance until further information was available on the
Ryerson/~rket park.
The Projects & Services Engineer stated that he was not aware if any funds
had been included in the Recreation Commission budget, however such expenditures
normally come under the Parks Department budget and there were definitely no
monies for this expenditure in that budget. The request was received after
preparation of the 1978 current budget, however it was decided that further
inquiries would be made regarding possible funding. The matter was reviewed
again recently and there were insufficient funds to do all of the work in 1978.
There were funds placed in reserve several years previously for welcome signs,
and it was the opinion of staff that the monies would put to better use for
the tennis court base. The Projects & Services Engineer advised that approval
of Council was required when dealing with reserve funds and that was why the
report had been submitted to Council. With respect to the sodding for Oakes
Park, it was advised that funds were included in the operating budget for this
work. Sodding was necessary after one season of playing on the field, and it
was anticipated that sodding will be required every year.
Alderman Crowe questioned the wisdom of placing an asphalt surface so
late in the year and mentioned the possibility of the surface heaving as a
result of frost. The Alderman also felt it should be determined if funds were
allocated in the budget and shifted elsewhere, who established the priorities
for such work, and why was a reserve being used for such work in December when
it should be more appropriateto include such an expenditure in the next year's
budget.
Following further comment, it was moved by Alderman Crows, seconded by
Alderman Orr, that the report betabled for further information. The motion
Carried Unanimously.
No. 576 - City Manager - Re: Parking Prohibition on Keith Street. The report
recommends preparation of a by-law to prohibit parking on the southerly side of
Keith Street from Portage Road 200~ easterly.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Stewart, that
the'report be received and adopted. Carried Unanimously.
No. 577 - City Manager - Re: Lapse of Draft Plan Approval, King's View Subdivision.
The report recommends that Council agree to a six month extension of the draft
approval for the King's View Subdivision to May 16, 1979 and that the Ministry
of Housing be notified accordingly.
ORDERED on the motion of Alderman Thomson, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 578 - City Manager - Re: Building Permits. The report provides a breakdown
of the permits issued for the month of October, 1978 as compared to 1977.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Stewart, that
the report be received and adopted. Carried Unanimously.
No. 579 - 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 report be received and adopted. Carried Unanimously.
No. 580 - City Manager - Re~ Renovations - Old St. John~s Anglican Church. The
report recommends that Council approve the proposal of the Old St. Johnts Stamford
Heritage Association for the repair of the roof of Old St. John's Anglican Church
subject to the work being approved by the Local Architectural Conservation
Advisory Committee.
ORDEREB on the motion of Aldermsn MacBain, seconded by Aldermsn Cheesman, that
the report be received and adopted. Carried Unanimously.
..... l0
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RESOLUTIONS
No. 103 - gOBOL - FERA - RESOLVED that the City of Niagara Falls hereby
make application for a Federal Grant, available through Central Mortgage and
-Housing Corporation under Part VIII of The National Housing Act, for the
construction of an open drainage channel (known as Conrail Drainage Channel)
from McLeod Road to the R.E.P.C. Canal; storm sewers on McLeod Road from
Dr-mmond to Alex, Alex to Allanthus, Allanthus to Open Drainage Channel,
Open Drainage Channel to Stanley; and storm sewers on Stanley Avenue from
Portage to McLeod, including the appurtenances for the total estimated
eligible cost of $753,162.50, with an estimated grant of $125,527.08; AND
the goal of the Corporation be hereto affixed.
Carried Unanimously
No. 104 - CHEESMAN - DILTS - RESOLVED that the unit prices submitted by Alden
Contracting Limited for the installation of 1977 current budget watermains, be
accepted at the tendered price of $139,935.00; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fera, that lear
be granted to introduce the following by-laws, and the by-laws be read a first
time:
No. 78-225 - A By-law to authorize the execution of an agreement with Alden
Contracting Limited for the installation of watermains.
No. 78-226 - A By-law to provide monies for general purposes.
Carried Unanimously
ORDERED on the motion of Alderman Crowe, seconded by Alderman Schisler, that the
following by-laws be now read a 'second and third time:
No. 78-225 - A By-law to authorize the execution of an-e~reement with Alden
Contracting Limited for the installation of watermains.
No. 78-226 - A By-law to provide monies for general purposes.
Carried Unanimously
NEW BUSINESS
PROVINCIAL TRANSFER PAYMENTS
Alderman Chessman commented that on December 8th, the Ministry of Treasury
will advise the Provinoi~l/Municipal Liaison Committee of the Provincial
trnasfer payments to local governments for the 1979-80 fiscal year. The
Alderman asked if this information referred to the budget which is now in
the process of being prepared or the following year. The City Manager
indicated that this announcement would affect the budget, and it was hoped
full information would be available as soon as possible to facilitate in
budget preparations.
PROVINCIAL SALES TAX
Alderman Cheesman advised that apparently there is a regulation which
permits tourists to come into Canada and purchase goods free of Provincial Sale~
Tax, provided the goods are consumed out of the country. The Alderman suggests!
that the tourist industry should be familiar with this regulation, and take
advantage of this incentive for .tourists to purchas~ goods.
ARSON PROBLI~
Alderman Orr stated that arson is a serious problem in the City costing
hundreds of thousands of dollars. The Alderman felt the problem had gotten to
the point that Council should meet with the Regional Police, the Fire Departmen
'~- and Board of Education to see what action could be taken to deal with the prom
Alderman Orr suggested that the City could consider offering a reward for
information leading to the apprehension of the persons responsible for such
actions. Alderman Crowe agreed that the problem was very serious, and would
likely result in doubling and tripling of fire insurance premiums in the
City. The Alderman felt it might be necessary to offer a reward, and pointed
out that this is done in many other municipalities.
Alderman l~lomson stated that there are steps being taken by the organizations
mentioned by Alderman Orr which have never been taken before to deal with this
problem. Alderman Thomson felt that by airing the matter publicly and showing
the concern of the City, it may make people think a little more about this type
of activity.
It was moved by Alderman Orr, seconded by Alderman Crowe, that a meeting
be arranged with officials of the City, Regional Police, Fire Department and
Board of Education to discuss the problem of arson in the City. Carried
Unanimously.
INAUGURAL DINNER
Alderman Sobol commended Mayor-Elect Thomson for his decision to hold a
"pay as you go" inaugural dinner this year. The Alderman pointed out that she
had suggested such a step be taken earlier and had received little support at
that time, and asked why the decision had been made to change to a different
format than previous inaugurals. Alderman Thomson stated that he had always
felt that people should have an opportunity to go to the inaugural, but in the
past were unable to do so because the inaugural was arranged on an invitation
basis. Reference was made to the numbers of individuals who worked very hard
on campaigns and were then unable to attend the dinner because invitations
were not extended to them. Alderman ThomsDn also felt citizens of the City
would like an opportunity to attend the inaugural dinner of the Council they
had elected.
MESSAGES OF APPRECIATION
Aldermen Crowe, MacBain, Orr and Thomson expressed their appreciation to
His Worship, Mayor Bukator and the members of the current Council for the
close and excellent working relationship during the last several terms. His
Worship, Mayor Bukator commented that many new projects had been initiated
during his term of office, in particular the ReRional Headnuarters. and he
offered his assistance to the new Council on any matter on which he could be
of service.
It was moved by Alderman Crowe, seconded by Alderman Schisler, that the
meeting adjourn. Carried Unanimously.
~~L~R~ ADOPTED~
CLERK ~
MAYOR
THIRTIETH MEETING
Council Chambers
November 27, 1978
SPECIAL MEETING
Council met on Monday, November 27, 1978 at 5:00 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Aldermen Crowe and Thomson. His Worship, Mayor Bukator presided
as Chairman.
COMMUNICATION
No. 190 - Niagara Resort & Tourist Association - Re: Permission for Fireworks
Display. The communication requests the permission of Council to hold fireworks
displays on December 9th and 10th, in commemoration of the 300th anniversary of
Father Hennepin's viewing of the Falls.
ORDERED on the motion of Alderman Mann, seconded by Alderman Schisler, that
permission be granted subject to all provisions of By-law 70-86, as amended,
being met. Carried Unanimously.
REPORTS
No. 581 - City Manager - Re: Tennis Court Construction. The report provides
additional information requested by City Council, and recommends that the City
Manager be authorized to spend up to $6,000 on the tennis court base at
N.F.C.V.I. utilizing funds previously reserved for Welcome Signs.
Alderman Orr stated that the information given to the members of Council
was not all of the information that should have been provided for the meeting.
The Alderman had copies of correspondence directed to the Director of Education
and a memo to the Projects & Services Engineer both signed by the Director of
Recreation. According to the report, no funds were provided specifically for
this project in the 1978 budget, however the letter addressed to Mr. Townsend
indicates that $8000 was set aside in the budget for the base of the tennis
courts to be constructed in 1978, and the remaining work to be done in 1979.
The letter also indicated that the proposal of N.F.C.V.I. was approved by the
Area Recreation Board, the Recreation Commission and Council, and the Director
of Education was requested to keep the information confidential as it was
being discussed in Committee of the Whole. Alderman Orr stated that this
matter had never been discussed in Committee of the Whole as far as he was
aware, and questioned who authorized the letter to be sent out unknown to City
Council. The Alderman was critical of the fact that staff was recommending
$6000 be taken out of a reserve account when funds were placed in the 1978
Parks Department budget for the work, and that Council set the budget and staff
shifted funds to different places.
The Director of Recreation advised that at the time this matter was being
reviewed by the Recreation Commission, Council was dealing in Committee of the
Whole with the proposed Downtown park. Since the N.F.C.V.I. proposal and the
Downtown park were inter-related, it was felt the N.F.C.V.I. proposal should
be held in abeyance until details of the Downtown park were finalized by
council. This information was reported to the Recreation Conmission, and
following that, the letter was sent to the Director of Education with the
request that the information be kept confidential not because of the N.F.C.V.I.
proposal, but the Downtown park. When it appeared that the Downtown park would
not be a reality as soon as had been anticipated, it was felt the project should
proceed at N.F.C.V.I. The intent was to not duplicate costs and facilities
by developing both the Downtown park and the courts at N.F.C.V.I. at the same
time. The Director of Recreation stated that he may have interpreted the fact
that funds were specifically designated in the budget. It was his understanding
that funds were and are still provided in the budget, however they are not
shown as being allocated specifically for the work at N.F.C.V.I.
AldermanMacBaln stated that he was concerned about the City spending
funds on facilities for the School Board on its properties. The Alderman felt
staff should have made this very clear to Council that the request was for the
City to spend money on School Board facilities. Alderman MacBaln appreciated
that the intention was that the tennis courts would be available to persons
other than school students during school time, but pointed out that it was
likely that Council would now receive requests from the School Board for other
recreational facilities. Alderman MacBain stated that he could not remember
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every item in the budget, but when Council approved funds in the budget, it
was expected that those items wlll proceed, rather than to Just list funds for
certain items without any reason. The Alderman felt it would give a bad
impression to the new members of Council if at the end ~f this term, Council
were to spend $6,000, and mentioned that the new Council might not have the
funds to complete the project in 1979. Since there will be a new recreational
area in the Downtown with tennis facilities, Alderman MacBain felt that both
facilities might not be needed, and suggested that the matter be tabled for
consideration of the 1979 Council.
Alderman Chessman pointed out that within the last two years, the City
erected tennis courts at Westlane School. The Alderman felt that the time
had come in the relationship between the City and Boards of Education, where
both were trying to msximize use of tax dollars by these co-operative ventures.
The School Board provides the land and the City provides the funding to build
facilities so that the funds are spent once for one facility rather than being
duplicated. Alderman Cheesman urged Council not to view this proposal as a
duplication or unnecessary spending, but as a means of getting the most out
of tax dollars.
The City Manager stated that nothing was done without Council approval,
and that was the reason for the report. During the spring and summer, the
City's application for the Ryerson/Market N.I.P. area was quite indefinite
for some time. Approval was anticipated in the Spring, however the Ministry
had turned down the application for further information. It was seven or
eight months before the City finally received approval for the plan. The
City Manager indicated that staff did not decide that something should or
should not be done, but were giving the information to Council to decide
whether or not this tennis court should be done. The matter was not reported
sooner since staff were concerned that there could be two such facilities
within several blocks. The park location has still not been finalized for
the Ryerson/Market area and it was decided that the N.F.C.V.I. project could
proceed. The City Manager advised that normally the major sites account is
used for-such-projects not specifically provided for tn~the budget, such as
finalization of the Oakes Park running track one year, and a pool on another
occasion. When the project was being discussed, it was felt that the item
placed in the budget for welcome signs could be conside~ a frill, and that
these funds could be put to better use elsewhere. The City Manager stated
that there was nothing devious about this procedure, and that no action was
to be taken without Council's approval. With respect to the statement made
that funds had been specifically included in the budget for the work, the
City Manager stated that this had been a misunderstanding on the part of the
Recreation Director, and that funds had not been specifically designated in
the 1978 budget for the courts at N.F.C.V.I.
Alderman Mann commended staff for coming to Council and advising that
funds were available in the budget for this work, and leaving the decision
to CounCil as to whether or not the work should be done. Alderman Mann felt
that it would not be right for Council to commit the new Council on funding
for this project, and suggested that the matter should be tabled to allow the
new Council to make a decision.
In response to a question raised by Alderman Sobol, the Projects and
Services Engineer advised thatno monies had been expended from either the
New Park Sites & Development Account, or the Major Facilities & Development
Account·
Alderman Orr stated that according to the correspondence he had, funds
were allocated in the budget for this work, and pointed out that the staff at
N.F.C.V.I. had acted on that basis. Alderman Schisler pointed .out that
had been explained that the statement iu the correspondence had been a
misunderstanding, and that nothing would be gained by pursuing this point.
,Alderman Schislerfelt that Alderman Orr should be satisfied with the
explanation given.
It was moved by Aideman gchieler, seconded by Alderman Stewart, that
the correspondence referred to by Alderman Orr, not be read, and that copies
be provided to the members of the 1979-80 Council·
It was moved by Alderman MacBain, seconded by Alderman Cheesman, that
the matter be tabled and referred to the 1979-80 Council. The motion to table,
taking precedence, Carried with the following vote:
Aldermen Chee~man, Dilts, Fera, Jaluvka, MacBain, Mann, Schisle~, Sobol
and Stewart.
NAYE: Alderman Orr.
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No. 582 - City Manager - Re: Municipal Accounts. The report recommends
payment of the municipal accounts.
ORDERED on the motion of Alderman 8chisler, seconded by Alderman Stewart,
that the report be received and adopted. Carried Unanimously.
RESOLUTION
No. 105 ~ MACBAIN - SOBOL - RESOLVED that the petition for interim payment
under The Public Transportation and Highway Improvement Act on expenditures
made in the year 1978, dated November 23, 1978, be adopted as presented in
the estimated amount of $2,470,233.00; AND the Seal of the Corporation be
hereto affixed.
Carried Unanimously
BY-LAW
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Stewart, that
leave be granted to introduce the following by-law, and the by-law be read a
first time:
No. 78-227 - A By-law to provide monies for general purposes.
Carried Unanimously
ORDERED on the motion of Alderman Cbeesman, seconded by Alderman Stewart, that
the following by-law be now read a second and third time:
No. 78-227 - A By-law to provide monies fo~ general purposes.
Carried Unanimously
NEW BUSINESS
MESSAGE OF THANKS
The City Manager extended to the members of the 1977-78 Council, his
thanks for the co-operation and excellent working relationship enjoyed by
the staff of the City during the past term of Council.
INAUGURAL MEETING
The City Clerk reviewed with members of Council and the Aldermen-Elect of
the 1979-80 Council, the procedure to be followed for the Inaugural Meeting on.
December 4th, 1978.
It was moved by Alderman Mann, seconded by Alderman Jaluvka, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
MAYOR
FIRST MEETING
Council Chambers
December 4, 1978
INAUGURAL MEETING
In accordance with the provisions of The Municipal Act and By-law No.
7268 of the City of Niagara Falls, the Council met at 5:00 p.m. in the Council
Chambers at City Hall. The Council included His Worship, Mayor Wayne Thomson,
and Aldermen Charles Chessman, Patrick Cummings, Donald Dilts, Anthony Fera,
W.A. Hinsperger, A1 MacBain, Brian Merrett, Robert Orr, Norman Puttick,
Harry Schisler, Mary 8obol and Herman Wallman. All members of Council were
present.
The Statutory Declarations of Office and Qualifications were filed with
the City Clerk when the Oaths of Office had been taken by His Honour Judge
Johnstone RoOerts.
It was then Ordered on the motion of Alderman Cheesman, seconded by
Alderman Dilts, that a vote of thanks be extended to His Honour Judge Johnstone
Roberrs for administering the Oaths of Office to His Worship Fmyor Thomson and
the Members of Council. Carried Unanimously.
The Reverend Robert Strachan offered the following Prayer of Invocation:
Our heavenly Father, we are grateful for the occasion that brings
us together and summons our minds to think on the importance of
reliance upon Thy wisdom and strength at all times. With thanksgiving
we remember the land in which we live and the freedom we enjoy, a
liberty bought by many lives lost in battle and maintained in the
democratic processes of good government. Oh God, in whom we have our
being, and without whose guidance we would be in distress, we
commend to thee the Mayor and Council of this City who have been
selected by its citizens to serve in very unique ways in the coming
months. Grant to them the gifts they will need to govern wisely:
the grace of humility and dependence upon thy great strength; loyalty
in pursuing their goals; truth and honesty in all their dealings;
wise Judgement in the making of decisions; insight in the fairest
ways of solving problems; courage to face the challenges that arise;
diligence in doing small things in a day of great things; rising and
working and also resting according to thy word. Be their Companion
when right decisions may cause division, isolation and loneliness.
Teach us all constantly that not all things that please men are
pleasing to thee, nor is thy will always accepted by men. Help us
therefore to discern the right by means of faithful prayer and by
emptying ourselves of any false or selfish desire. Mercifully bless
the people of this community: the servants and those who are served;
the overworked who find little time for leisure and the unemployed
who know not the Joy of work and accomplishment; the strong and
healthy, the weak and the frail; the aged whose days hold memories
of past blessings, the young who face the challenge of plotting
their life course. So to thy gracious blessing we commend the
proceedings of this day. From thee we seek wisdom and strength for
all our days. Through Jesus Christ we pray. Amen.
Following the Invocation, it was Ordered on the motion of Alderman MacBain,
seconded by Alderman Orr, that Reverend Robert Strachan, the Officiating Clergyman,
be thanked for his presentation of the Prayer of Invocation and soliciting
Divine Guidance for the 1979-80 Council. Carried Unanimously.
Miss Layne Thomson and bSss Tamara Thomson, daughters of the Mayor, placed
the Chain of Office on His Worship, Mayor Thomson.
His Worship, Mayor Wayne Thomson then delivered his Inaugural Address
Reverend Sir, Honoured Guests, Members of Council and Friends:
To those of you have given of your time to be here today and to all those
citizens who may follow my remarks through the media, may I express my sincere
thanks for your interest.
In the past, the Inaugural Address has been viewed as a forecast of the
personal objectives of the Mayor for the forthcoming Council term. I should
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caution you that my remarks today will be devoid of profound statements or
grandiose plans for the years ahead. I do hope that you will not be disappointed
During the past election campaign I was very careful not to make any promises
which I felt were unrealistic or that I felt could not be kept. I do not intend
to change that philosophy now that I have been elected. I should like you to
accept my remarks as a sharing of my personal concerns on subjects in which we
all have a common interest as citizens of the City of Niagara Falls.
Before examining the challenge which lies ahead, I'wiah to express my
deepest gratitude to the citizens of this City for the honour you have afforded
me. At the present time, all I can say is a very sincere thank you. During
the next two years, I intend to justify the confidence you have placed in me.
I am sure that I, together with all those who offered their services as
municipal candidates, share a sudden realization that the hectic days of
electioneerlug are now over and it is time to assume the task of providing
for the efficient, effective operation of the City. I find that the
euphoria of successful campaigning is now ended, being replaced by the
foregoing objective, one I am confident can be achieved.
I would be remiss if I did not express my best wishes to those elected
representatives of the previous Council who will not be with us during the
forthcoming term. It is not necessary for me to elaborate on their accomplishmen
as each in his own way and according to his own particular talents, made a
contribution to the growth and development of our City. I am sure that they have
left with a degree of personal satisfaction of having given their best. It is
the desire and willingness to serve, as exhibited by them, that makes our
democratic system work.
When I announced my candidacy for the position of b~yor, I did so fully
recognizing that I as an individual can accomplish little. Wayne Thomson as a
person cannot and should not run the City of Niagara Falls. As your Mayor, I
intend to become part of a team, one that I know can accomplish a great deal
for the City, and it is on the functions of this team that I should like to
focus attention.
Now, May I introduce the members of the municipal team. Firstly, the
citizens of Niagara Falls, for without you the whole effort-is meaningless;
secondly, the Mayor and Members of Council, who will be calling the plays; and
finally the municipal staff who will carry out the action. Each member of our
team has specific responsibilities which cannot and should not be assumed by
another, and to achieve success we will need a total commitment by all members
of the team. In the hope that it might be helpful, let me outline how I see
the part each member of the team must play.
To the citizens of Niagara Falls, it is to your advantage that you
cultivate a genuine interest and understanding of local igovernment affairs.
Do not hesitate to voice your opinion on issues of concern and inform your
representative.
As part of Council's role, I intend to suggest that increased emphasis
be given to providing for better dissemination of information to the electorate
and that greater opportunity he provided for public input on local issues.
The general public are, unfortunately, often under the misapprehension
that they cannot "fight City Hall". This is a myth which must be dispelled.
Your Council and administration are not here to fight anyone, but rather to -
assist in any way possible with the legislative authority available to
municipalities.
In soliciting your help, I would ask that you be reasonable in your
demands upon the Municipality. For example, it is unreasonable to demand
increased levels of services without expecting corresponding iBcreased taxation.
The growth of taxation cannot be checked without your help.
No single issue appears to attract more public attention than the
practiceby Council of holding Committee of the Whole sessions. Again, I
would ask for your understanding. There are occasions where it would be to
your disadvantage~es taxpayers to permit the premature disclosure of information
.Such as in the purchase of property or litigation. By the same token, I am
.sure you would agree that a public forum is not the place to reprimand a
municipal employee. You have my word that Committee of the Whole sessions
will not be used as e convenient place to discuss those items which may be
of a controversial nature.
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As the second component of the municipal team, my fellow members of
Council and I must seriously re-examine our role as the policy makers of the
Municipality. Our first major task is to help rebuild public confidence in
local government. The Watergate affair in the United States and subsequent
issues in Canada, initiated and fostered a distrust or at least a suspicion
of government at all levels. People have begun to question the action of
governments and I submit to you that such an attitude is good. Politicians
must be held accountable to the people they represent.
A great deal of publicity has been given to the ramifications of
Proposition 13 in the United States. It has been argued that the action by
the citizens of California has no relevance to our system in Ontario. I
disagree. I see Proposition 13 as a message from the taxpayers to the effect
that they are no longer willing to let government engage in unrestricted
spending, that some effective control must be placed on expenditures, and I
cannot subscribe to the theory that this action is indicative of a failing
economy.
Of equal concern is the seemingly uncontrolled growth of bureaucracy
during the past decade. I share with many the belief that we have too much
government and too many empires have been built at public expense. Governments
are not in business to protect citizens from all inconvenience and discomfort.
Perhaps an example will better illustrate the point. Recently, public meetings
have been held regarding the parking of recreational vehicles in residential
areas. The steps taken by the Special Committee to obtain public participation
supports my concept for greater citizen involvement. There is undoubtedly a
problem with respect to this matter, but we must ask ourselves - does the
problem Warrant government interference and'does the cost of the enforcement
of possible municipal regulations create the expansion of existing
bureaucratic empires?
As Mayor, I feel a personal responsibility to maintain harmony within
Council. Minor rifts between members must be set to rest before they become
major concerns. I believe we are mature enough to recognize that progress
is impossible if we pull in different directions. I am not suggesting that
all members of Council must always agree, for it is the diversity of thinking
that produces the best solutions. Rather, each of us must be willing to set
aside our personal objectives to bring about what is best for the common good.
One of the first areas that must be examined is the Council's own
structure. I have already requested staff to obtain information regarding
systems in use by municipal councils elsewhere in Ontario, in order to
determine if a committee or modified committee system might be advantageous
for our City. I hope that at our first meeting, we will discuss how we will
function as a Council in the coming years.
There are many major projects which, because of their magnitude, are
carried over a period of months of years. These projects include the Shriner's
Creek drainage scheme, the consolidated zoning by-law, need for new landfill
sites, a backyard drainage policy and others. I propose that Council appoint
one of its members to be responsible for each one of these longterm projects.
The aldermanic appointee will be expected to periodically report to Council
on p~ogress to date and will in turn be expected to keep the project moving.
Wi~h respect to budget matters, I believe that we should continue to
press for early establishment of municipal priorities. I further suggest that
it is Council's responsibility to re-examine all proposed expenditures as they
are presented for approval, regardless of the fact that an allocation for the
same has been included in the yearly estimates. Too often, the fact that an
item has been included in the budget is used as Justification for a subsequent
expenditure. Such should not be the case. What may have been a seemingly
appropriate expenditure during the early months of the year might be completely
unwarranted at a later date.
As members of Council, we have an obligation to support the concept of
our City Manager form of government. If our City Manager is to be held
accountable for his staff, Council must direct their concerns to him in his
role as the chief liaison officer between the elected and appointed officials.
With the co-operation of Council, I intend to repair the damaged
relationship with the media that has been allowed to occur during the past
few years. If we expect the electorate to play their part, they must be kept
informe~ and we depend upon the media to provide factual coverage.of our
deliberations.
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And finally, to the third member of our municipal team, the administrative
staff and employees of the City. The Council, I am sure, recognizes our
dependence on a capable, efficient administration, but the Council cannot
provide leadership working at a disadvantage. It is my opinion that the City
Manager has an obligation to convey to Council all information necessary for
the Council to reach proper decisions and to ensure that correct policy
decisions are achieved. Staff, by the same token, has an obligation to convey
information to our chief administrative official in order that he, like Council,
can function with the benefit of having all the facts.
As I called upon the Council and citizens to give serious consideration to
the benefits of restraint, I ask staff to do likewise.
Increased productivity and efficiency must become a common goal rather
than convenient words used all too often in political speeches. You must be
adaptable to change, not necessarily for change's sake alone, but rather to
produce a better administration. Because a procedure has been used for a
number of years is poor justification for its continuance, particularly if it
is inefficient. I believe that greater productivity can be achieved using
existing equipment and personnel. For example, the street flusher, a vehicle
designed primarily for a specific use, is, with the addition of a blade, used
for snowploughing. Can other innovations be made? Can work schedules be
re-arranged to provide that service vehicles can be Jointly used by several
departments, thereby eliminating the need to buy additional vehicles? Further,
can personnel be made available on an inter-department basis, thereby permitting
a temporary increase in the workload of one department being met by other
departments having available time and staff? These are but a few examples
of areas which should become the concern of staff.
Council and staff have many problems which require attention - the question
of water restrictions is one which must be considered in depth. I would like to
have full discussion on the advantages and disadvantages of water meters, and
some decision on how to control water restrictions during the Summer months·
This is a major concern to most people in the community. There are ~mny others.
During the foregoing remarks, I have avoided making promises. I will,
however, leave you with one. ~-
To the citizens of the City of Niagara Falls, to my fellow members of
Council, and to each and every municipal employee, I extend a personal invitation
for you to Jein the municipal team. My promise is that if you accept my
invitation and work conscientiously towards our common objective, we will all
reap the hensfits of success. Thank you.
******
I
Following presentation of the Inaugural Address by His Worship, Mayor
Wayne Thomson~ it was Ordered on the motion of Alderman Schisler, seconded by
Alderman Sobol, that the Mayor's Inaugural Address be included in the minutes
of the meeting. Carried Unanimously·
ORDERED on the motion of Alderman Puttick, seconded--by Alderman Merrett,
that the meeting adjourn. Carried Unanimously.
RF_,AD AND ADOPTED,
SECOND bIEETING
Committee Room #1
December 11, 1978
COMMITTEE OF THE WHOLE
, Council met in Committee of the Whole on Monday, December 11, 1978 at
6:00 p.m. All members of Council were present. Alderman Sobol presided as
Chairman.
Following consideration of the items presented, the Committee of the
Whole arose without reporting.
READ AND ADOPTED,
CITY CLERK
~L~YOR S. WAYNE THOMSON
Council Chambers
December 11, 1978
Council met on Monday, December 11, 1978 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present. His Worship,
Mayor Thomson presided as Chairman. Alderman Cheesman offered the Opening
Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fera, seconded by Alderman Sobol, that
the minutes of the meetings held on November 20th, November 27th and December
4th, 1978, be adopted as printed. Carried Unanimously.
PRESENTATION - UNITED WAY 1978 INCENTIVE PROGRAM
Mr. J. Collucci of Local 528, Niagara Falls Professional Fire Fighters
Association and Mr. W. Hunter of Local 133, C.U.P.E. presented to Fire Fighter
D. Leonard and City Employee N. Dukulis, cheques to be used in conjunction with
one week's vacation, as winners of the City's 1978 United Way Incentive Program.
DEPUTATION
CHAMBER OF COERCE - SURVEY ON WAGES
Mr. S. McKay, solicitor for the Chamber of Commerce, was granted permission
to address Council on the motion of Alderman Chessman, seconded by Alderman Fera.
Mr.. McKay presented the Chamber of Commerce annual survey of wages to the members
of Council. Mr. McKay commented that the public is always hearing of the
bottomless pit of spending by various levels of government, however he was
pleased to note that this has never been said about the City of Niagara Falls.
While it could be argued that it was difficult to compare private industry and
the City, it was hoped that the comparison made by the Chamber of Commerce
was equal in Job description and"conteDt if not by name. Mr. McKay stated that
the matter of the independent negotiator was not a suggestion that any member
of senior management staff had ever been & position of bias or conflict, however
the Chamber felt every assistance possible should be given when dealing with
wage negotiations. It was hoped that the survey would be made available to
the City's negotiating committee and the professional negotiator, if Council
decides to consider the hiring of such a service. With respect to the private
concerns contacted on the survey, Mr. McKay advised that the Chamber could not
provide this information due to the confidentiality under which the information
was given to the Chamber. The statistics gathered were too detailed and
voluminous to be presented at the Council meeting, however Mr. McKay indicated
that this information could be made available if required. It was hoped that
the information presented would be of assistance tO the City in the coming
months.
2
Alderman MacBain felt the brief was very timely and would be helpful
to those responsible for negotiating contracts this year. The Alderman
commented that most businesses and industry, with the exception of the
automobile industry, cannot offer the salaries and benefits City employees
enjoy and hope to remain in a stable financial condition. Alderman ~cBain
felt that the City had become out of line in comparison to area industry
and commercial rates prevalent, and pointed out that similar situations in
the United States had resulted in drastic measures being taken. In one
situation, the City of Cleveland on the verge of defaulting, intended to
help solve their financial problems through mass lay-offs of employees.
While Alderman MacBain did not advocate this method of reducing spending,
he felt it was necessary for the City to get wages and administration costs
to what could be afforded and to let natural retirement and movement of
personnel make it possible to solve things in the difficult years ahead.
The Alderman suggested that could be more easily handled by holding increases
down rather than to face lay-offs of employees.
Alderman Puttick pointed out that when considering the brief, it must
be realized that it could work both ways. The brief could mean that the
employers contacted by the Chamber might not be paying their employees enough,
or that the benefits offered are not sufficient. Alderman Puttick commented
that the people working for the City whether labour or management, had gone
through the legal process of negotiating increases and benefits, and that
many persons employed by industry and businesses in the City do not have
this same opportunity. The Alderman praised the Chamber of Commerce for
its interest and for bringing the matter to Council's attention, however
cautioned Council not to accept the survey as an indication that the City
is out of line. Alderman Sobol agreed with Alderman Puttick and commented
that she found the brief to be very vague and inconclusive. The Alderman
stated that she would like to see a copy of the questionnaire used by the
Chamber and the method of data accumulation. Alderman Sobol advised that
a random sample survey was a most unreliable method of collecting data.
His Worship, Mayor Thomson thanked the Chamber of Commerce for the brief
and stated that the information would not be taken lightly. The Mayor pointed
out that in the last several years~ there has been a reduction in the amount
of increases to City unions in an effort to keep salaries .in line. The Mayor
also commented that there were some inaccuracies in the brief, and that the
matter should be referred to staff for a clarification on a number of the
points raised.
It was moved by Alderman Chessman, seconded by Alderman Fare, that the
brief be referred to staff for study and the preparation of a report to be
submitted at a subsequent meeting of Council. Carried Unanimously.
CO~ff4UNICATIONS
No. 1 - Niagara Resort & Tourist Association - Re: Gambling. The communication
requests that the City make immediate application to both senior levels of
government for casino gambling in Niagara Falls, thereby assuring the City is
on record with such a request should Canadian laws permit casino gambling at
any future date.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Dilts, that
the communication be received and filed, and further that the N.R.T.A. be
advised that the Municipality will take such action as is necessary in the
event existing legislation is changed. The motion Carried with Alderman
MacBain voting contrary, and all others voting in favour.
No. 2 - Niagara Resort & Tourist Association - Re: Q.E.W. at Lundy's Lane.
The communication requests the City to consider the feasibility o~ reopening
access from the Q.E.W. to Lundy's Lane.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that
the communication be referred to staff for the preparation of a report to be
submitted at a subsequent meeting of Council. The motion Carried with Alderman
Sobol abstaining on a conflict of interest, and all others voting in favour.
No. 3 - Former Mayor George Bukator - Re: Niagara Falls Art Gallery and Museum.
The communication requests that in view of the large investment made by Mr. and
Mrs. golankiwsky and the relatively small amount it would take to acquire and
maintain the Art Gallery and collection, that the necessary steps be taken
to acquire this valuable property for the City of Niagara Falls.
-3-
Alderman Cheesman referred to the special committee established several
years ago to deal with this matter, and suggested that the committee be
reactivated to continue discussions on the art gallery. The Alderman stated
that it was apparent that these dicussions would continue on through the
winter and expressed his concern for the Kolankiwsky's, who are unable to
afford heating costs for the museum and have been forced to live in 40°
temperatures because of their financial situation. It had been suggested
that perhaps the City could make some kind of donation to the Gallery to
assist the Kolankiwsky's, and Alderman felt the committee, once reactivated,
could consider some kind of assistance in this regard.
His Worship, Mayor Thomson stated that there have been some interesting
developments recently with respect to the art gallery, and that it would be
advantageous to have the committee reactivated to deal with the matter. The
Mayor requested that Aldermen Cheesman and Orr, along with former Alderman
Jaluvka, serve on the special committee.
It was moved by Alderman Cheesman, seconded by Alderman Cummings, that
the special conffnittee established to deal with the matter of the Niagara Falls
Art Gallery & Museum, be reactivated, and further that Aldermen Cheesman and
Orr and former Alderman Jaluvka, be appointed to the committee. Carried
Unanimously.
No. 4 - Provincial Secretary for Social Development - Re: 1979, International
Year of the Child. The communication requests the City's support for the
International Year of the Child and hopes that within the Municipality,
awareness and enthusiasm for the program could be encouraged.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Orr, that the
City endorse and support the concept as outlined by the Provincial Secretary
for the International Year of the Child. Carried Unanimously.
No. 5 - Council for Canadian Unity - Re: Canada Week 1979. The communication
advises that Canada Week has been set for June 25th to July 1st, 1979 and
encourages the participation of the City in observance of Canada Week.
Alderman Schisler stated that a committee had been established in 1978
to plan various activities in observance of Canada Week, and suggested that
the committee could be reactivated and start much earlier planning so that
some of the programs would be open for school children to participate.
His Worship, Mayor Thomson advised that 1979 will be the 75th anniversary
of the foundlug of Niagara Falls, and suggested that the committee might also
consider some type of suitable observance for this event as well as Canada
Week.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Cheesman,
that the special committee established during 1978 be reactivated to plan
a suitable observance of Canada Week 1979, as well as the 75th Anniversary
of the fouading of the City of Niagara Falls. Carried Unanimously.
No. 6 -Ministry of Intergovernmental Affairs - Re: Seminar for Newly Elected
Councillors. The communication advises of seminars to be held for newly elected
councillors in early 1979.
Alderman Sobol commented that many of the items suggested for discussion
at the seminar could be easily handled quite capably by the City Manager and
various department heads through discussion groups held with the new members.
While Alderman Chessman agreed, he commented that this should not discourage
newly elected members from attending the seminar which could be a good way to
be introduced to municipal government. Alderman Merrett indicated that he
planned to attend the seminar and advised that any other members of Council
interested in attending would be welcome to go with him.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Puttick, that
the communication he received and filed. Carried Unanimously.
No. 7 - Niagara South Board of Education - Re: Annual Report on the Use of
School Facilities. The communication provides a copy of the Board's Annual
Report on the Use of School Facilities for the period September 1/77 to
August 31/78, and extends the Board's sincere appreciation for reciprocal
arrangements made regarding the use of community facility by schools.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings,
that the communication be received and filed. Carried Unanimously.
- 4 -
REPORTS
No. 1 - Planning & Development Conunittee - Re: AM-25/78, City of Niagara Falls,
North of Dorchester Road and East of Oldfield 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.
ORDERED on the motion of Alderman Fare, seconded by Alderman Dilts, that
the report be received .and adopted. Carried Unanimously.
See Resolution No. 1
No. 2 - Planning & Development Committee - Re: AM-35/78, A., M. & V. Vivaldo,
South Side McLeod Road between Fern Avenue and Merritt Avenue. The report
recommends approval of the application subject to Development Control and that
Council certify bytesolution 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 Fera, seconded by Alderman Herrerr, that the
report be-received and adopted. Carried Unanimously.
See Resolution No. 2
See By-law No. 78-22f
No. 3 - City Manager - Re: Minor Variance Application A-86/78, Polish National
Union of Canada Northwest Corner Thorold Stone Road and Stanley Avenue. The
report provides background information on'=the decision of the Connnlttee of
Adjustment in granting the subject severance, and requests Council's direction
on whether or not the variance should be appealed for parking reasons.
-5 -
No. 6 - City Manager - Re: Recognition of Employee Service. The report
recommends that a plaque be suitably engraved and presented to all permanent
employees of the City who complete twenty-five years of continuous service,
and further that this method of recognition be adopted as of January 1/79.
1~e City Manager provided additional information in response to several
questions raised.
ORDERED on the motion of Alderman Fete, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
No. 7 - His Worship, Mayor Thomson - Re: Sanitary Landfill Site Committee.
The report recommends ratification of the composition of the Sanitary Landfill
Site Committee - Alderman Cummings, Alderman MacBain, Alderman Sobol and the
Mayor, with Alderman Sobol acting as chairman.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 8 - City Manager - Re: Application to Niagara Escarpment Conmission,
A. & C. Giammattolo. The report recommends that the Commission be requested
to deny the current application and any further applications until a sewage
lagoon, meeting the requirements of Provincial and municipal authorities, has
been constructed, and that the comments contained in the report be forwarded
to the Niagara Escarpment Commission for their information.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Chessman, that
the report be received and adopted. ~CArried Unanimously.
NOTE: Alderman Orr was absent when the vote was taken on this matter.
advised that the minor variance was required because of increased use of the
building resulting in additional parking being necessary. Alderman Puttick
asked if the lands which are to be leased from Ontario Hydro and General
Abrasives for parking, had been taken into account by staff. The Planning
Director indicated that the application was based on using the Ontario Hydro
lands for parking, however it was the opinion of staff that leased lands
should not generally be accepted as providing parking necessary to meet the
requirements of the by-law. It would be preferable if thtw'Iands were leased
on a long term basis and zoned for parking. In response to a further
question raised by Alderman Puttick, the Planning Director advised that he
could obtain further information on the status of the leases, however it
was suggested that the appeal be processed for the time being.
response to a question raised by Alderman MacBain, the Planning Director
Alderman C,,mmings agreed that there was some question on whether or not
the leased lands could be included for parking purposes, however due to the
concern raised and the time factor involved in the appeal, he suggested that
the appeal be processed. I
It was moved by Alderman C.mmings, seconded by Alderman Orr, that the
decision of the Committee of Adjustment in granting minor variance Application
A-86/78 for the Polish National Union of Canada, be appealed. The motion
Carried with the following vote:
AYE: Aldermen Chessman, Cummings, Dilts, Hinsperger, MacBain, Merrett, Orr,
Schisler, Sobol and Wallman. -~
N~YEx Aldermen Fera and Puttick.
No. 4 - City Manager - Re: Hope Fellowship Baptist Church - Agreement re: Land
Division Committee Consent No. B-233/78. The report recommends passage of a by-
to authorize an agreement with L.V. Routledge, In Trust and the Trustees of Hope
Fellowship Baptist Church to satisfy several conditions included in granting of
the subject severance.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that the
report be received and adopted, Carried Unanimously.
See By-law No. 78-22
No. 5 - City Manager - Rex Severance Application B-523(78) and B-524(78) for
Autoland Chryelers Ltd. on Montrose Road and Thorold Stone Road. The report
recommends that a revised condition be included in the agreement between the
City and Autoland Chrysler Ltd. as a specific exception to Council"s policy and
that the City of Niagara Falls not appeal the Land Division Committests
~ecision on the subject applications.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Merrett, that
the report be received and adopted. The motion Carried with Alderman Puttick
abstaining on a conflict of interest., and all others voting in fayour.
No. 9 - Local Architectural Conservation Advisory Committee - Re: 4701 St. Clair
Avenue and the Ontario Heritage Act, 1974. The report recommends that the
designation of the subject property be terminated, and that auy future owners
of the property be approached regarding the possibility of designation.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
NOTE: Aldermen Cummings and Orr were absent when the vote was taken
on this matter.
No. 10 - City Manager - Re: By-law No. 78-220 to Acquire and Clear Land in the
Ryerson/Market Redevelopment Area. The report recommends passage of a by-law
to provide that the total amount for the subject works to be debentured will
be $360,000 rather than the $260,000 initially provided for, and to rescind
By-law No. 78-220.
In response to a question raised by Alderman Sobol, the City Clerk advised
that the City had hoped to carry the original $100,000 allocated in the 1977
capital budget over to the 1978 capital budget, however the O.M.B. indicated
that they would prefer to use current funds and that they did not like the
practice of accumulating unspent funds in capital budgets.
ORDERED on the motion of Alderman Schtsler, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
See By-law No. 78-231
No. 11 - City Manager - Re: Application of Corville Enterprises Limited for
First Registration under The Land Titles Act. The report recommends passage
of a by-law to authorize the execution of a consent and waiver of notice to an
application of Corville Enterprises Limited for first registration of their
lands under The Land Titles Act.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Fare, that the
reportbe received and adopted. Carried Unanimously.
See By-law No. 78-230
No. 12 - City Manager - Rex M.T.C. Disposal of Surplus Lands Q.E.W. and McLsod
Road. The report recommends that the Municipality not purchase the lands and
that the Regional Municipality of Niagara be notified of the availability of
the land. It is further recommended that the Ministry be requested to grant
permission to the Municipality to process a change of zoning to Tourist Con~nerctal.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Dilts, that
the report be received and adopted. Carried Unanimously.
No. 13 - City Manager - Re: Municipal Incentive Grant Program. The report
advises that the City has received a cheque in the amount of $35,000 in
conjunction with the Central Mortgage and Housing Corporation Program to
6
assist municipalities in the further development of housing prOJects. With
this amount, the City has received to date, $259,000 from this federal fund.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that
the report be received and filed. Carried Unanimously.
No. 14 - City Manager - Re: Ontario Home Renewal Program. The report recommends
that City Council direct that no .further O.H.R.P. applications be accepted at
this time, since the program is to cease in June 1979.
In response to several questions raised, the City Treasurer indicated
that a certain portion of the grant received is repayable, and hopefully out
of that portion, a number of the fifty-one remaining applications can be
accommodated. The City Manager also indicated that the Federal and Provincial
Governments are in the process of negotiating a similar program which is to
be called the Community Services Grants Program, and until those negotiations
are completed, no further information can be obtained on the new program.
ORDERED on the motion of Alderman Fera, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
No. 15 - City Manager - Re: Development Plan Approval for Proposed 31 Unit Motel
on Buchanan Avenue. The report recommends approval of the subject development
plan as submitted.
ORDERED on the motion of Alderman Fera, seconded by Alderman Wallman, that
the report be received and adopted. Carried Unanimously.
No. 16 - City Manager - Re: Development Plan Approval for Proposed Pyramid Place
Buchanan Avenue and Robinson Street. The report recommends that Council approve
'the subject development as submitted, subject to the condition that a final
detailed landscaping plan will be submitted to Council for approval no later
than March 5, 1979.
ORDERED on the motion of Alderman Orr, seconded by Alderman Fera, that the
report be received and adopted. Carried Unanimously.
No. 17 - City Manager - Re: Contract G.C. 22-78, Underground Services in Valley
View Subdivision. The report recommends that the unit prices submitted by
M.J. Storm for the subject contract-be accepted.
The Director of Municipal Works advised that the Valley View plan of
subdivision had not been registered, and the contract could therefore not be
awarded. It was anticipated that the plan would be registered within a week,
and hopefully the report would be brought back to Council on December 18th,
1978.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Fern, that
the report be withdrawn. Carried Unanimously.
No. 18 - City Clerk - Re: Advisory Report. The report lists a number of
letters received from the Ministry of the Environment, the Regional Municipality
of Niagara, Information Niagara and the Federation of Canadian Municipalities
for the information of Council. It is recommended that the report and communi-
cations be received and filed.
In response to a question raised by Alderman Chessman regarding the
letter from the Regional Municipality on parking on Lundy's Lane, the Director
of Municipal Works advised that the request for parking had originated from
the businesses and had been referred to the Region for consideration. The
Region was now indicating that parking on this section of Lundy's Lane was
not possible due to turning movements requiring full roadway width free of
parking obstruction.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that
the report be received and filed. Carried Unanlmously.
No. 19 - City Manager - Re: Building Permits. The report provides a breakdown
. of the permits issued by the Building & Development Department for the month of
November 1978 as compared to 1977.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fern, that the
report be received and filed. Carried Unanimously.
No. 20 - City Manager - Re: Municipal Accounts. The report recommends payment
o~ the municipal accounts.
The City Treasurer provided explanations for Cheques #1337, #1367, #1390,
#1440, #1494 and #1537 in response to questions raised by Aldermen Dilts, Puttic
and 8chisler.
-7-
In response to a question raised by Alderman Puttick, the City Treasurer
advised that Cheque #1356 was payment for a mileage claim for Mr. G. Goulty of
the Committee of Adjustment. Alderman Fera stated that he did not agree with
mileage being paid to members of the Committee of Adjustment for site inspections,
since no other committees receive this allowance, such as the Planning and
Development Committee whose members also make site inspections. Alderman MacBain
suggested that the whole matter of paying mileage and other expenses to
committees should be reviewed. Alderman Chessman agreed that Council should
review this matter, however pointed out that it would be unfair to the
individual submitting the claim to change the policy at this time when this
person was under the impression he was making a legitimate claim. The
Alderman felt the claim should be paid, and then the entire matter could be
reviewed by Council.
Following further comment, it was moved by Alderman MacBain, seconded by
Alderman Fera, that Cheque #1356 be deleted from the by-law, and tabled until
for a full report. Carried Unanimously.
RESOLUTIONS
No. 1 - FERA - DILTS - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that the application of the City of
Niagara Falls for the rezoning of lands north of Dorchester Road and east of
Oldfield Road and the H.E.P.C. Canal, 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. 2 - FERA - MERRETT - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby certifies that By-law No. 78-228 for the rezoning
of Part of Township Lot 177, situated on the south side of McLeod Road between
Fern Avenue and Merritt 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
BY-LAWS
ORDERED on the motion of Alderman Fern, seconded by Alderman Orr, that leave
be granted to introduce the following by-laws, and the by-laws be read a first
time:
No. 78-228 - 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-35/78,
Vivaldo)
No. 78-229 - A By-law to authorize an agreement between the City, Leonard V.
Routledge, In Trust ~nd the Trustees of Hope Fellowship Baptist
Church.
No. 7.8-230 - A By-law to authorize the execution of a Consent and Waiver of
Notice to an application of Cotvilla Enterprises Limited for first
registration under The Land Titles Act.
No. 78-231 - A By-law to authorize the acquisition and clearance of land in the
Ryerson/Market Redevelopment Area of the City.
No. 78-232 - WITHDRAWN
No. 78-233 - A By-law to amend By-law No. 3790, being a By-law for the
regulation of traffic. (No Parking on Keith Street)
No. 78-234 - 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.
(Mitchell Street and Freeman Street)
No. 78-235 - A By-law to amend By-law No. 7531, being a by-law to provide for
the erection of stop signs at intersections. (Winston Street,
Mitchell Street, Lincoln Road, Pettit Avenue and Lamont Avenue)
No. 78-236 - A By-law to provide monies for general purposes.
(Cheque #1356 deleted)
Carried Unanimously
8
ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that
the following by-laws be now read a second and third time:
No. 78-228 - 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-35/78,
Vivaldo)
No. 78-229 -
A By-law to authorize an agreement between the City, Leonard V.
Routledge In Trust and the Trustees of Hope Fellowship Baptist
Church.
No. 78-230 -
A By-law to authorize the execution of a Consent and Waiver of
Notice to an application of Corville Enterprises Limited for
first registration under The Land Titles Act.
No. 78-231 - A By-law to authorize the acquisition and clearance of land in the
Ryerson/Market Redevelopmeat Area of the City.
No. 78-232 - WITHDRAWN
No. 78-233 - A By-law to amend By-law No. 3790, being a By-law for the regulation
of traffic. (No Parking.on Keith Street)
No. 78-234 -
A By-law to amend By-law No. 6340 providing for the erection of Yiel
right-of-way signs at certain intersections in the Municipality.
(Mitchell Street and Freeman Street)
' No. 78-235 -
A By-law to amend By-law No. 7531, being a by-law to provide for the
erection of stop signs at intersections. (Winston Street, Mitchell
Street, Lincoln Road, Pettit Avenue and Lamont Avenue)
No. 78-236 -
A By-law to provide monies for general purposes.
(Cheque #1356 deleted)
Carried Unanimously
NEW BUSINESS
SNOW REMOVAL OPERATIONS
It was moved by Alderman Dilts., seconded by Alderman Fera, that staff
prepare a report outlining the following information: 1) Number of employees
working on sanders; 2) Number of employees on snowplows; 3) Method of call-out;
4) How the City sets up for a standby system; 5) The number of miles of roadway
to be maintained; 6) A comparison between the City's system and the Region's
system; 7) How much equipment the City owns and how much is rented; and 8) The
number of employees required to work under the worst conditions for .snow removal.
Carried Unanimously.
Alderman Orr 'stated that he had received a number of calls recently from
citizens wondering why snowplows were' out considering the amount of snow on
the ground. The Maintenance & Operations Engineer advised there had been quite
a bit of slush on the roadways, and the plows were pushing it to the side of
the road before it had a chance to freeze causing dangerous driving conditions.
TRANSMISSION OF ANIMAL PARASITES TO HUMANS
Alderman Sobol advised that she had recently seen an article regarding the
health hazard presented by the transmission of animal parasites to humans.
According to the article, the majority of dogs are infected with roundworm,
a parasite that can be transmitted to humans, and this poses a health hazard
particularly to young children. It was moved by Alderman Sobol, seconded by
Alderman ~lmmiugs, that the Niagara Regional Health Unit be requested to
. comment on this health hazard and the possibility of making treatment of this
parasite compulsory. Carried Unanimously.
DISCLOSURE OF ELECTION CONTRIBUTIONS
Alderman Sobol referred to discussions held by the previous Council
regarding disclosure of election contributions by municipal candidates, and
' Suggested that the new Council hold a full discussion to determine if such
action should be taken in the Municipality. His Worship, Mayor Thomson
indicated that the previous Council had decided not to take such action,
however he did suggest that copies of the reports previously considered could
be reviewed and discussed at a future meeting.
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USE OF CITY VEHICLES BY EMPLOYEES
Alderman Puttick expressed his concern over the use of City vehicles
by City employees outside normal working hours. The Alderman referred to
those vehicles which are driven home for lunch hours and in the evenings
and then sit in an employee's driveway. While it had been suggested in the
past that various foreman from the Service Centre should be allowed to take
. their vehicles home in the evenings to use in the event of an emergency,
Alderman Puttick pointed out that the crew which would also be called out
in an emergency, had to drive their own vehicles to the Service Centre in
order to pick up a vehicle to take to the site of the emergency. Another
point of concern to Alderman Puttick, was the control of the gas pumps at
the Service Centre, and the records kept on the amount of mileage for each
particular vehicle. It was moved by Alderman Puttick, seconded by Alderman
MacBain, that a report be prepared on the use of City vehicles by employees,
and control of the gasoline pumps at the Service Centre. Carried Unanimously.
CITY CONSTRUCTION DURING WINTER MONTHS
Alderman Orr referred to a number of tenders recently called for sewer
construction which would be carried out during the winter months, and advised
that according to several local contractors, it was cheaper for this work
to be done in the summer time. The Director of Municipal Works advised that
it would appear that construction is cheaper during the summer, however
during the winter months when fewer contracts are called, better prices can
be obtained on certain contracts. If all the construction required in the
Municipality were carried out during a particular time of year, there would
not be enough contractors to do the work and prices would go up, resulting
in higher prices than if the work is spread out through the year. On a
specific project, the summer price might be lower, but on the entire
construction schedule, the costs level out when work is done throughout the
year.
NIAGARA FRONTIER HUMANE SOCIETY
Alderman Dilts noted that the Humane Society had requested the appointment
of a different Alderman to the Society for the next term, and advised that he
did not intend to resign from the Society unless Council chose to replace him.
The Alderman felt one of the reasons for the request being made, was the fact
he had not agreed on many of the ways in which the Humane Society was being
handled. While he agreed that Council had no control over the way animal
control was to be operated, Alderman Dilts pointed out that the City does
contro~ the grant given to the Society and this should decide how the operation
should be run. As an example, Alderman Dilts stated that he had reviewed the
minutes for the last year and could not find where more than $2500 had actually
been authorized to be spent by the Board of Directors, however there have been
expenditures of $180,000. Alderman Dilts was concerned that he could not
Justify how the money was spent since the payment statements are merely a list
of figures showing no cheque numbers. Alderman Dilts had also attempted to
have press coverage of the Board of Directors meetings and had met with a
great deal of opposition to such coverage. Because of the attitude of the
Board, Alderman Dilts advised that many of the volunteer workers were being
forced to quit. Alderman Dilts stated that he was bringing this matter to
Coun~il's attention because of his concern and reiterated that he did not
intend to leave the Board of Directors of the Society unless Council saw fit
to replace him.
During the discussion on this matter, several suggested courses of
action were considered on how best to handle the problem. It was moved by
Alderman Dilts, seconded by Alderman Orr, that the Board of Directors of
the Niagara Frontier Humane Society be requested to supply information in
response to the concerns raised. Carried Unanimously.
STRUCTURE OF COUNCIL
An analysis of council/committee systems used in several Ontario
municipalities was distributed to the members of Council. His Worship,
Mayor Thomson suggested that Council review the various systems, with a
view to determining the type of Council/Committee system that would be
most suitable in Niagara Palls.
A considerable amount of discussion on this matter took place, during
which time various alternatives were suggested and considercd by ~ouncil,
- 10 -
Following further comment and discussion, it was moved by Alderman
Sobol, seconded by Alderman Orr, that the Planning & Development Committee
continue on the same basis. The motion Carried with Alderman C,,mmtngs
voting contrary, and all others voting in favour.
It was then moved by Alderman Orr, seconded by Alderman Sobol, that
regular Council sessions be held every other Monday, with a Council Committee
composed of the entire Council members meeting on the alternate Mondays. The
motion Carried Unanimously.
It was further moved by Alderman Orr, seconded by Alderman Fera, that a
Finance Conmittee be established on an experimental basis for three months,
with Alderman MacBatn serving as Chairman. The motion Carried with Alderman
Puttlck voting contrary, and all others voting in favour.
It was moved by Alderman Fera, seconded by Alderman Orr, that the meeting
adjourn. Carried Unanimously.
READ AND ADOPTED,
J.L. COLLINSON, CITY CLERK
MAYOR S. WAYNE THOMSON
THIRD MEETING
Council Chambers
December 18, 1978
Council met on Monday, December 18, 1978 at 6:00 p.m. for the purpose of
making appointments to the various boards, commissions and connnittees. All
members of Council were present with the exception of Alderman Wallman. His
Worship, Mayor Thomson presided as Chairman.
APPOINTMENTS TO BOARDS, CO}~ISSIONS AND COMMITTEES
Report No. 21 - City Clerk - The report advises of the appointments to be made
by City-Council and provides the names of those individuals interested in
serving further terms, and those persons wishing to be appointed to specific
boards, commissions and committees. Also submitted with the report, is an
addendum to the report which provides additional names of persons wishing
appointments, received after typing of the report.
Niagara Falls Public Library Board
Mr. F. Pettie (present appointee whose term expires), Mr. J. Bishanski and
Mrs. C. Bielawski were nominated for the 1979-80-81 term of the Board.
Mr. F. Pettie was appointed to serve on the Board for the 1979-80-81 term.
Niagara Parks Commission
His Worship, Mayor Thomson and Alderman Puttick were nominated for the 1979
term of the Commission.
Alderman Puttick was appointed to serve on the Commission for the 1979 term.
Greater Niagara General Hospital Board
Aldermen Chessman, Cummings, Dilts, Hinsperger, Orr and Puttick were nominated
for the 1979-80 term of the Board.
Aldermen Cheesman, Dilts and Orr were appointed to serve on the Board for the
1979-80 term.
Committee of Adjustment
Mr. M. Aceti, Mr. H. Buckborough, Mr. W. Hague, Mr. E. Hatwood, Mr. T. Mangolf,
Mr. N. Minov, Mr. G. Frata and Mr. T. Veysey were nominated to serve on the
Comm4ttee for the 1979-80-81 term.
~. H. Buckborough, Mr. T. Mangoff and Mr. G. Prata were appointed to serve
on the Committee for the 1979-80-81 term.
Property Standards Committee
Mr. J. Niven was re-appointed to the Committee for the 1979-80-81 term.
Niagara Falls Board of Museums
Aldermen Schisler and 8obol were appointed to serve on the Board for the
1979-80 term.
Niagara Falls Business & Industrial Growth Agency Inc.
Aldermen Cummings, Fera and ~rrett were nominated to serve on the Agency
for the 1979-80 term.
His Worship, Mayor Thomson, Aldermen Fera and Merrett, and the City Manager
were appointed to serve on the Agency for the 1979-80 term.
Niagara Resort & Tourist Association
Aldermen Puttick and Wallman were appointed to serve on the Association for the
1979-80 term. . .... 2
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Planning & Development Committee
It was moved by Alderman Fera, seconded by Alderman Dilts, that the Planning
and Development Commq tree be composed of seven Aldermen and five citizens.
Carried Unanimously.
Aldermen C,,mmings, Dilts, Fera, Hinsperger, Herrerr, Orr, Sobol and Wallman
were nominated as the aldermanic appointees to serve on the Comm4 tree for the
1979-80 term.
Mr. T. Veysey, Mr. E. Stewart, Mrs. A. Corfield (present appointee whose term
expires), Mr. G. Finkbeiner, Mr. R. Barr, Mr. M. Aceti, Mr. D. Mackenzie,
Mr. R. Judge, Mr. S. Newman (present appointee whose term expires), Mr. R.
McLeod (present appointee whose term expires), Mr. H. Hague, Mr. N. Minov,
Mr. E. Marwood, Mr. A. M~cklem, Mr. E. Steinbachs, Mr. A. DiGiacomo, Mr. H.
Lyon (present appointee whose term expires), Mr. F. Pingue and Mr. T. Salci
were nominated as the citizen appointees to serve on the Committee for the
1979-80 term.
Aldermen Dilts, Fera, Hinsperger, Merrett, Orr, Sobol and Wallman were appointed
'to the Committee for the 1979-80 term. Mrs. A. Cotfield, Mr. A. DiGiacomo,
Mr. A. Macklem, Mr. R. McLeod and Mr. E. Stewart were appointed to the Committee
for the 1979-80 term.
Greater Niagara Transit Commission
Mr. T. Mangoff, Mr. G. Mowers (present appointee whose term expires), Mr. T.
Salci and Mr.'G. Walker (present appointee whose term expires) were nominated
to serve on the Commission for the 1979-80 term.
Mr. G. Mowers and
1979-80 term.
Mr. G. Walker were re-appointed to the Commission for the
Recreation Commission
Mr. A. Boone, Mr. G. Finkbeiner, MrS. P. Janvary (present a_p2ointee whose term
expires), Mr. G. MacGilvary (present appointee whose term expires), Mr. W.
Rooklay (present appointee whose term expires), Mr. N. Ross (present appointee
whose term expires), and Mr. H. Thistlethwaite were nominated to serve on
the Commission for the remainder of the 1978-79 term and the 1979-80 term.
Aldermen Cummings and Schisler were appointed to the Commission for the 1979
term. Mr. A. Boone, Mrs. P. Janvary, Mr. G. MacGilvary, Mr. W. Rooklay and
Mr. H. Thistlethwaite were appointed to the Commission for the 1979-80 term.
Mr. G. Finkbeiner and Mr. N. Ross were appointed to the Cpmmission for the
remainder of the 1978-79 term.
Project Trillium
Mrs. J. Cristelli was appointed to the Project Trillium Committee for the 1979-8
term.
Mayor's Committee on Housing
It was moved by Alderman Fare, seconded by Alderman Chessman, that the Mayor~S
Committee on Housing be ab, plished. Carried Unanimously.'
Niagara Promotion Association
Aldermen Cummings and Hinsperger were appointed to serve on the.Association
for the 1979-80 term.
Civic Month Committee
Aldermen Cheesman, 8chisler and Sobol were appointed to the Civic Month
Committee for the 1979-80 term.'
Livestock and Poultry Valuers
Mr. J. Bruning and Mr. B. Warner were appointed as the Livestock & Poultry
Valuere for the 1979-80 term.
- 3-
Social Planning Council
Alderman Cummings was appointed to the Social Planning Council for the 1979-80
term o
Regional Niagara Tourist Council
Alderman Wallman was appointed to the Regional Niagara Tourist Council for the
1979-80 term.
Examining Board of Plumbers
Mr. H. Detlor and Mr. H. Sokolowski were re-appointed to the Examining Board
of Plumbers for the 1979-80 term.
Y.W.C.A. Board of Directors
Alderman Hinsperger was appointed to the Board for the 1979-80 term.
Niagara Falls Community Centres Board
His Worship, Mayor Thomson, Aldermen Cheesman, Cummings, Dilts, Fera, Hinsperger,
MacBain, Merrett, Orr, Puttick, Schisler, Sobol and Wallman were appointed to
the Board for the 1979 term.
Downtown Board of Management
Aldermen Merrett and Orr were appointed to the Board for the 1979-80 term.
Mr. G. Burlay, Mr. D. Cartell, Mr. D. Cook, Mr. K. Casselman, Mr. J. Franklin,
Mr. A. Iseppon, Mr. J. Niven, Mr. D. White and Mrs. E. Zilberg were appointed
to the Board for the 1979-80 term.
Local Architectural Conservation Advisory Committee
Alderman Cheesman was appointed to the Committee for the 1979-80 term. Mr. D.
Chapman, Mr. J. Niven, Mr. F. Pettie, Mr. A. Robertson and Mrs. A. Walker were
appointed to the Committee for the 1979-80 term.
Board of Directors of the United Way
Alderman MacBain was appointed to the Board for the 1979-80 term.
Main & Ferry Board of Management
Alderman Puttick was appointed to the Board for the 1979-80 term. Mrs. I. Bald,
Mr. M. Clingersmith, Mr. B. Fear, Mrs. L. Fleming, Mr. G. Mullet and Mr. D.
Stirtzinger were appointed to the Board for the 1979-80 term.
Niagara Frontier Humane Society
Alderman D. Dilts was appointed to the Society for the 1979-80 term.
Niagara District Airport Commission
Aldermen Dilts, Herrerr and Schisler were appointed to the Commission for the
1979 term. Mr. C. Dew, Mr. R. Gerow and Mr. J. Merrett were appointed to
the Commission for the 1979 term.
Boardof Governors of Niagara College of Applied Arts & Technology
Mr, A. Hare, Mr. T. Salci and Mr. W. Stanyer (present appointee whose term expires)
were nominated to serve on the Board for the 1979-80 term.
Mr. W. Stanyer was appointed to the Board of Governors for the 1979-80 term.
- 4 -
Court of Revision
Mr. F. Ingham, Mr. A. Macklem and Mr. G. Prata were appointed to the Court
of Revision for the 1979-80 term.
Municipal Parking Committee
Aldermen Merrett and Orr were appointed to the Committee for the 1979-80 term.
Centre Committee of the Comicunity Resources Centre
Alderman MacBain was appointed to the Committee for the 1979-80 term.
Niagara Peninsula Conservation Authority
Mrs. E. Bearss, Mr. J. Dominski and Mr. C. Swayze were designated as the City's
representatives to the Niagara Peninsula Conservation Advisory to be appointed
by the Council of the Regional Municipality. of Niagara.
Finance Committee
Aldermen MacBain (Chairman), Chessman, Dilts, Hinsperger and Orr were appointed
to the Finance Committee.
It was moved by Alderman Orr, seconded by Alderman Sobol, that the
meeting adjourn to Committee of the Whole. Carried Unanimously.
READ AND ADOPTED,
MAYSR-S. WAYNE THOMSON
Committee Room #1
December 18, 1978
Council met in Committee of the Whole on Monday, December 18, 1978 at
7:10 p.m. All members of Council were present with the e~ception of Alderman
Wallman. Alderman Schisler presided as Chairman.
Following consideration of the items presented, the Committee of the Whole
arose without reporting. .a~a
THOMSON
Council Chambers
December 18, 1978
Council met on Monday, December 18, 1978 at 7:30 p.m. for the purpose of
considering general business. All members of Council were present with the
exception of Alderman Wallman. His Worship, Mayor Thomson presided as Chairman
Alderman C,,mmings offered the Opening Prayer.
DEPUTATIONS
CORONATION RECREATION CENTRE
Report No. 22 - City Manager - The report provides an update for Council on
the history of the Senior Citizen~' Centre.
- 5 -
Mr. G. Fraser of the Greater Niagara Senior Citizens Association was
granted permission to address Council on the motion of Alderman Cummings,
seconded by Alderman Chessman. Mr. Fraser thanked Council for purchasing
the property of the former Church of the Redeemer for the new senior citizens
Coronation Recreation Centre and awarding of the contract for renovations
to the buildings. $55,000 has been raised in cash by the Association and
approximately $40,000 in labour has been given by the senior citizens to get
the building ready for use. The Friendship Group of the Association alone
raised $10,000 through raffles and bazaars. Mr. Fraser indicated that another
drive will be started to raise the remainder of the Association's objective
of $165,000 which Wintario will match dollar for dollar, and Mr. Roger Young MP
has agreed to chair this drive. When completed, the buildings will be used
not only by the senior citizens but by all adults and handicapped persons
in the community. Mr. Fraser solicited Council's assistance through pledges
and pointed out that each dollar contributed will be matched by Wintarioo
It was pointed out that the centre is an investment in the future, in that
the City has agreed to contribute $165,000 and when the project is completed,
the City will own a recreation centre valued at approximately $850,000,
completely free of debt. In closing, Mr. Fraser expressed the gratitude of
the Association to Council, the Recreation Commission and staff for helping
the group to reach its objective.
His Worship, Mayor Thomson advised that he had visited the centre
several days previously and had been very impressed with the progress made
since the Association had taken over the building. On behalf of the Council,
the Mayor thanked the Association for what has been done for the City in
providing a facility that will be available to Niagara Falls citizens for
many years.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings,
that the report be received and filed, and fhrther that the Greater Niagara
Senior Citizens Association be thanked for their contribution to the community.
Carried Unanimously.
PORTAGE ROAD BRIDGE OVER H.E.P.C. CANAL
Mr. P. Foy was granted permission to address Council on the motion of
Alderman Orr, seconded by Alderman Cummings. Mr. Foy advised that he had been
appointed spokesman for the area businesses to address Council regarding the
closing of the Portage Road bridge over the H.E.P.C. Canal. Mr. Foy advised
that even though there was a new connection linking the Morrison Street
extension to Portage Road, the closing of the bridge on Portage Road seriously
reduced traffic flow resulting in the loss of business for the commercial
properties on Portage Road, and severe devaluation of properties. This loss
of business has caused lay-offs at several commercial establishments in the
area. Mr. Foy Stated that the closing of the bridge has also affected traffic
on Drummond Road to the point it is almost impossible to turn onto Drummond
Road from the side streets. Mr. Foy pointed out that the businesses had been
assured that the bridge would not close for fifteen or twenty years, and now
several years later, the bridge had not been maintained and was closed.
Reference was also made to the difficulties that could be encountered by
doctors and ambulances in travelling between the north part of the City and
the hospital. In conclusion, Mr. Foy Stated that the City could not afford
to see one business go bankrupt or one employee lose one Job over the bridge
closing, and that the closing had fulfilled the ambitions of a few individuals
who Wanted the City to appear a certain waM, when it should serve the needs of
the businesses and residents to the north. Mr. Foy asked for Council's
support in presenting this matter to the Region on December 21st, 1978.
Mr. K. Milne of the Chamber of Commerce and representing the Niagara
Falls Business & Industrial Growth Agency Inc., was granted permission to
address Council on the motion of Alderman Merrett, seconded by Alderman Fera.
Mr. Milne advised that both the Chamber and the Agency supported the concerns
of the businesses affected. It was advised that the area in question has
forty business establishments with a business assessment of $1.5 million and
annual taxes of a quarter of a million dollars. Mr. Milne felt that even a
slight reduction would be a severe handicap with Jobs at stake, and unless
the bridge was opened immediately, some businesses would cease to exist
without unimpeded flow of traffic down the entire length of Portage Road.
Mr. Milne also urged Council to support these concerns to cause the immediate
re-opening of the bridge.
Mr. C.H. Eidt, Director of Engineering for the Region, advised that the
decision to extend Morrison Street over the H.E.P.C. Canal originated back to
Stamford Township in 1955, and was not a decision made by staff of the Region.
Mr. Eidt. pointed out that in excess of four thousand vehicles are ~sinS the
-6-
extension each day. The new connection leading back to Portage Road has
only been open one week, and close to eight hundred cars were counted on this
route during a four hour period, The new route is geometrically satisfactory,
and Mr, Eidt pointed out that there are mauy grades much worse iu the City.
With' respect to maintenance, assurances were given that the roadway would be
maintained in all weather conditions. In commenting on the life of the
Portage Road bridge, Mr. Eidt stated that he had indicated in 1967 that the
bridge would remain iu use for another ten or fifteen years, and suggested
that a misunderstanding could have arisen over statemeuts made about the life
of the Portage Road bridge over the C.N.R. tracks. Mr. Eidt stated that he
appreciated the concerns expressed by the businesses in the area, and advised
that he was prepared to recommend to the Regional Public Works & Utilities
Committee that the bridge be open for one-way traffic north which would
hopefully ease any difficulties being experienced. Regional Councillor
Mitchelson endorsed the remarks of the Regional Director of Engineering and
commented briefly on the matter.
Alderman Merrett suggested that the Region should be requested to re-open
the bridge and then consider the possibility of having the bridge remain open
on a permanent basis. Alderman Puttick agreed that the matter should be
reviewed, but pointed out that before any action was taken by either City
Council or Regional Council, the costs involved should be taken into
consideration.
His Worship, Mayor Thomson indicated that there would be new information
available at the Committee meeting on December 21st regarding the bridge, however
the possibility of re-opening the bridge would still have to be sold to the
Committee. The Mayor felt that there should besttong representation from
the City to convince the Committee that some action should be taken. The
Director of Engineering for the Region indicated that if the one-way proposal
had been satisfactory, the Committee could have dealt with the matter,
however if the request is for the bridge to be open for full traffic, the
Committee would likely table the matter for a further report.
Alderman Chessman disagreed with the suggestion, commenting that he
.felt it would predetermine all thinking. There was no suggestion that Council
did not want to accede to the request, however the Alderma,,'Fointed out that
there might be very sound engineering or financial reasons why the bridge
should not remain open. Alderman Merrett indicated that his intent was
for the bridge to be opened temporarily and then.consider what action would
be taken over a longer'term.
Dr. F. Abou-Keer stated that he was personally concerned over the
closing of the bridge since he lived in the north part of the City and must
travel this route to be in direct contact with the hospital as soon as
possible. It was advised that the majority of medical atethe hospital live
in the north part of the City and iu order to reach the hospital, must
travel either portage Road or Drummond Road. Drummond Road is not usually
taken because of the possibility of train delay at the railway crossing.
Dr. Abou-Keer stated that the bridge is the shortest route to the hospital
from the north part of the City and was a very important route to ensure
the health of the community.
Following further comment, it was moved by Alderman Merrett, seconded
by Alderman Orr, that the Regional Municipality of Niagara be urged to have
the Portage Road bridge over the H.E.P.C. Canal re-opened as soon as
possible, and that the Regional Public Works & Utility Committee be asked
to investigate the potential of having the bridge remain open permanently.
Carried Unanimously.
COI~UNICATIONS
No. 8 - Mr. E. Chapman - Re: Second Annual Al Reid Memorial Oldtimers Hockey
Tournament. The communication requests Councilws approval of a special
occasion permit in conjunction with the tournament to be held on January 19th
and 20th, 1979.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Cummings,
that the request be approved subject to similar approvals being obtained from
the Fire Department, Regional Police, Health Unit and the L.L.B.O. Carried
Unanimously.
Alderman Dllte was absent when the vote was taken
on this matter.
-7-
No. 9 - Manpower and Immigration - Re: Social Planning Council. The
communication comments favourably upon the work of the staff of the Social
Planning Council in the community.
ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that
a copy of the communication along with the commendation of Council, be forwarded
to the Social Planning Council. Carried Unanimously.
No. 10 - Social Planning Council - Re: 1981 Census of Population and Questions
on Housing. The communication expresses concern over a Treasury Board
recommendation that all housing questions be dropped from the 1981 census
questionnaire.
ORDERED on the motion of Alderman Sobol, seconded by Alderman Cheesman, that
the concerns of the Social Planning Council be endorsed by the Municipality.
Carried Unanimously.
No. 11 - Niagara Resort & Tourist Association - Re: Tourist Commercial
Development. The communication requests that the City adhere to the zoning plan
with respect to rezoning requests for tourist commercial accommodation
development.
Alderman Chessman advised that he had contacted the N.R.T.A. on this
matter and the intent of the request had arisen out of the concern of property
owners and businesses on Lundy's Lane watching their occupancy rates decrease
year by year. The Association agreed that it is a free enterprise system and
that the City cannot provent or deny rezoning requests, however the request
was that Council keep this factor in mind when dealing with such applications.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings,
that the communication be received and filed. Carried Unanimously.
REPORTS
No. 23 - City Manager - Re: Stamford Centre Volunteer Firemen's Association
Park Extension. The report recommends that Council authorize an expenditure
of $2,680 as a rebate to Ontario Hydro for taxes paid on the 100 acres now
under negotiation for the Firemen's Park extension, and further that the
Ftremen's Association be asked to contribute their $100,000, with the City's
$100,000 to be paid to Ontario Hydro for acquisition of the 100 acres of land
conditional upon the funds being held in escrow pending completion of the
purchase and return the same to the Association and the City in the event
the remaining $100,000 is not received from Wintario.
The City Manager and Director of Recreation provided additional information
in response to several questions raised by members of Council.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that '
the report be received and adopted. The motion Carried with Alderman Cummings
abstaiuing on a conflict of interest, and all others voting in favour.
No. 24 - City Manager - Re: Official Plan Amendment M.T.C. Surplus Lands,
Northwest Quadrant of Lundy's Lane and the Q.E.W. at Belmont Avenue. The
report recommends that representatives of the Ministry of Environment be
invited to address Council with respect to-noise pollution, at a meeting in
January.
ORDERED on the motion of Alderman Fera, seconded by Alderman Dilts, that the
report be received and adopted. Carried Unanimously.
NOTE: Alderman Cummings was absent when the vote was taken
on this matter.
No. 25 - City Manager - Re: Council's Consent Policy and Applications for
Consent, Land Division Committee Files B-554/78 and B-555/78, R. Redekop Ltd.
and Sheshah & Rodgers Realty Ltd., Dorchester Road South. The report advises
that an appeal has been lodged by City Staff against the Land Division
Committee's decision to approve the applications contrary to Council's
Consent Policy. The report provides additional information and requests
that Council consider whether or not the appeal should be maintained or
withdrawn.
ORDERED on the motion of Mderman MacBain, seconded by Alderman Cheesman,
that the appeal be withdrawn. Carried Unanimously.
No. 26 - City Manager - Re: Establishing Reserves to Complete Projects Budgeted
for in 1978. The report recommends passage of a resolution to establish
certain reserves for various projects included in the 1978 operating budget
which have not been fully finalized.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings,
that the report be received and adopted. Carried UnanimouslY.ase Resolution No. 3
-8-
No. 27 - City Manager - Re: Civic Wage Brief, Niagara Falls Chamber of Commerce.
The report provides information relating to the subject brief submitted by the
Chamber of Commerce.
ORDERED on the motion of Alderman Cvmmjngs, seconded by Alderman Orr, that a
copy of the report be forwarded to the Chamber of Commerce and the City's
Negotiating Committee. Carried Unanimously.
No. 28 - City Manager - Re: Workmen's Compensation. The report recommends
that Stop Loss Insurance be obtained through William M. Mercer Ltd. based upon
a deductible of $30,000 per person, per accident, to be effective January 1/79
with an annual premium of $24,650.
The City Manager and Personnel Officer provided additional information
in response to a number of questions raised by members of Council.
ORDERED on the motion of Alderman MacBain, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
No. 29 - City Manager - Re: Errors and Omissions Insurance. The report
provides information on errors and omissions liability insurance and advises
that Council may wish to consider providing similar protection for the
Corporation and its employees, effective January 1, 1979.
In response to a question raised by Alderman Herrerr, the City Clerk
indicated that he had only been able to contact one firm willing to provide
the City with municipal errors and omissions liability insurance, and that
the City's insurance agent would not provide such coverage. Alderman Merrett
pointed out that it is the responsibility of the City's insurance agent to
check the market and determine which firms would be able to provide this
type of coverage. The City Clerk indicated that this would be done, and
all quotations received would be presented to Council.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Fera, that
quotations be obtained on the provision of errors and omissions liability
insurance. Carried Unanimously.
No. 30 - City Manager - Re: Contract R.C. 21-78, Road and Storm Sewer
Construction on kitloughby Drive. The report recommends acceptance of the
prices submitted by Hard Rock Paving Limited for the subJec~-~ontract.
ORDERED on the motion of Alderman Schtsler, seconded by Alderman Fera, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 4
See By-law No. 78-237
No. 17 - City Manager - Re: Contract G.C. 22-78, Underground Services in the
Valley View Subdivision. The report recommends acceptance of the prices submitts
by M.J. Storm Limited for the subject contract.
ORDERED on the motion of Alderman Schisler, seconded by A~derman Fera, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 5
See By-law No. 78-232
No. 31 - City Manager - Re: Contract G.C. 23-78, Underground Services in the
Portage Heights Subdivision. The report recommends acceptance of the prices
submitted by L & N Construction Limited for the subject contract.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Fern, that
the report be received and adopted. Carried Unanimously.
See Resolution No..6
See By-law No. 78-23
No. 32 - City Manager - Re: Contract L.I. 24-78, 1977 Local Improvement Storm
Sewer Construction bn Sinnicks, Atlas and Harold. The report reco.mmends
acceptance of the prices submitted by M.J. Storm Limited for the subject
contract.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Fare, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 7
See By-law No. 78-23
No. 33 - City Manager - Re: Contract R.C. 25-78, Glenview N.I.P. Area. The
report recommends acceptance of the prices submitted by Damore Bros. Limited
for the subject contract.
ORDERED on the motion of Alderman Schisler, seconded by Alderman Fera, that
the report be received and adopted. Carried Unantmous~X.
See Resolution No. 8 ·
See By-law No. 78-24
-9-
No. 34 - City Manager - Re: 1979 M.T.C. Courses and 1979 M.E.A./M.O.E.
Training Courses. The report recommends that six members of staff be
authorized to attend the M.T.C. courses and four members be authorized to
attend the M.O.E./M.E.A. training courses.
Alderman Cummings pointed out that the matter of attendance at courses
and conferences was to be reviewed in the new year, and suggested that the
report be referred to budget discussions. The Director of Municipal Works
advised that the M.T.C. courses start in January and participation is on a
first come/first serve basis. It was also pointed out that these courses
are subsidized by the M.T.C., while the M.E.A./M.O.Eo courses are not.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings,
that six members of staff be authorized to attend the M.T.C. training courses,
and that the remainder of the M.O.E./M.E.A. training courses be referred to
budget discussions. Carried Unanimously.
No. 35 - City Manager - Re: Municipal Accounts. The report recommends payment
of the municipal accounts.
The City Manager, City Treasurer and Maintenance & Operations Engineer
provided additional information in response to questions raised on Cheques
#1566, #1567, #1572, #1597 and #1649.
ORDERED on the motion of Alderman Fera, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
No. 36 - City Manager - Re: Mileage Allowance - Committee of Adjustment.
The report provides information with respect, to the mileage account submitted
by Mr. G. Goulty of the Committee of Adjustment, and the policy adopted by
Council on March 6, 1978, whereby payment of mileage allowance for on-site
inspections of properties which are the subject of Committee hearings would
be paid.
During the discussion on the question of mileage allowances, it was
pointed out by several members of Council, that none of the other committees
involving a considerable amount of driving, receive this allowance. It was
suggested that while this particular account should be paid, the entire
matter of allowances should be reviewed by Council.
It was moved by Alderman Merrett, seconded by Alderman Fera, that the
mileage allowance for members of the Committee of Adjustment be abolished.
It was then moved by Alderman Puttick, seconded by Alderman Cheesman,
that the matter of payment of mileage allowances for committee service be
tabled and referred to budget discussions. The motion to table, which took
precedence, Carried with Alderman Merrett voting contrary, and all others
voting in favour.
It was moved by Alderman Cummings, seconded by Alderman Puttick, that
the account submitted by Mr. G. Goulty for mileage allowance, be paid. The
motion Carried Unanimously.'
No. 37 - His Worship, Mayor Thomson - Re: Fringe Benefits. The report requests
that~Council consider providing OHIP, Delta Dental Plan, Extended Health Plan
and-Group Insurance benefits to the Mayor at an annual cost of $866.00.
Alderman Cummings agreed that the office of Mayor should receive such
benefits, particularly since the job is full-time. The Alderman felt that
in order to attract the calibre of person required for such a position, there
must be proper incentive involved. In response to a question raised by
Alderman Schisler, the City Clerk advised that the provision of benefits was
permissable under the Municipal Act.
Alderman Puttick felt granting of fringe benefits could have an adverse
effect on negotiations with City unions that are presently taking place, and
indicated that he would want to know what the repercussions of such action
would be before he made any decision.
Alderman Chessman pointed out that the office of Mayor has not received
any type of salary increase since 1969, and felt it was time the City started
catching up on obligations to the office of Mayor. The Alderman also pointed
out that even the newest Junior employee was entitled to receive such benefits
and that it was an error and omission that the City's chief elected officer
had never received such benefits before.
- 10 -
Alderman MacBain appreciated the fact that the office of Mayor had
not received a salary increase for so long, however expressed the concern
that such action could be misunderstood so early in the term of office.
The Alderman felt it would be preferable to have the matter referred to
the Finance Committee where serious consideration could be given to the
fringe benefits as well as reviewing the salary of the Mayor.
Following further discussion, it was moved by Alderman Cummings, seconded
by Alderman Sobol, that fringe benefits including OHIP, Delta Dental Plan,
Extended Health Plan and Group Insurance be provided to the office of Mayor
at an annual cost of $866.00. The motion Carried with the following vote:
AYE: Aldermen Chessman, Cummings, Dilts, Fera, Hinsperger, Merrett, Orr,
Schisler and Sobol.
NAYE: Aldermen MacBain and Puttick.
RESOLUTIONS
No. 3 - SOBOL -MERRETT - 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:
l)
2)
3)
4)
' 5)
6)
7)
8)
9)
10)
n)
12)
13)
14)
15)
16)
17)
Niagara College Site
Niagara South Indoor Pool
Replace Piping & Boards at Stamford Arena
Niagara South Ballfield
Fairview Cemetery Greenhouse Extension
Oakwood Drive Improvements
New Park Sites & Development
Major Facilities & Development
Grassybrook Park Extension
Industrial Park Ditching
Sanitary Sewer Repairs at Marrison & Second
Commercial Development
Road Construction River Road, Ellis to Leader
Road Construction Bampfield, Ontario to Palmet
Sanitary Sewer T.V. Inspection & Smoke Testing
Sidewalk Construction on McLeod Road
Sewer Pipe Replacements on Simcoe, Dell, Arad,
Stanley, Winston, Victoria and Clifton Hill
; AND the Seal of the Corporation be hereto affixed.
BUDGET CODE AMOUNT
13124 $52,500
12240 75,000
12350 20,000
12168 10,000
12623 6,000
11279 4,900
12159 10,000
12160 5,000
12163 9,900
12785 8,000
11608 5,000
12782 8,000
11275 25,000
11276__. 27,000
11332 16,000
11172 20,000
11608 23,500
Carried Unanimously
No. 4 - SCHISLER - FERA - RESOLVED that the unit prices submitted by Hard Rock
Paving Limited for road and storm sewer construction on Willoughby Drive, be
accepted at the tendered price of $289,271.11; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously
No. 5 - SCHISLER - FERA - RESOLVED that the unit prices submitted by M.J. Storm
Limited for underground services in the Valley View Subdivision, be accepted at
the tendered price of $61,107.68; AND the Seal of the Corporation-be hereto
affixed.
Carried Unanimously
No. 6 - SCHISLER - FERA - RESOLVED that the unit prices submitted by L & N
ConStruction Limited for underground services in the Portage Heights Subdivision
be accepted at the tendered price of $19,845.00; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously
No.'7 - SCHISLER - FERA - RESOLVED that the unit prices submitted by N.J. Storm
Limited for local improvement storm sewer construction on Sinnicks, Atlas and
Marold, be accepted at the tendered price of $113,581.94; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously
., No, 8 - SCHISLER - FERA - RESOLVED that the unit prices submitted by Damore Bros.
Limited for watermain, sanitary sewer, and storm sewer construction, road
reconstruction and sidewalk repairs in the Glenview N.I.P. Area, be accepted
at the tendered price of $553,732.68; AND the Seal of the Corporation be hereto
affixed.
Carried Unanimously
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BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fera, that
leave be granted to introduce the following by-laws, and the by-laws be read
a first time:
No. 78-237 -
A By-law to authorize the execution of an agreement with Hard
Rock Paving Company Limited for road and storm sewer construction
on Willoughby Drive. (R.C. 21-78)
No. 78-232 -
A By-law to authorize the execution of an agreement with M.J. Storm
Limited for the construction of sewermains, watermains and base
roads in Valley View Subdivision. (G.C. 22-78)
No. 78-238 -
A By-law to authorize the execution of an agreement with L & N
Construction and Excavating of Niagara Limited for the construction
of a sewermain and water laterals in the Portage Heights Subdivision.
(G.C. 23-78)
No. 78-239 -
A By-law to authorize the execution of an agreement with M.J. Storm
Limited for the construction of a storm sewer on Sinnicks Avenue,
Atlas Street and Harold Street. (L.I. 24-78)
No. 78-240 - A By-law to provide monies for general purposes.
No. 78-241 -
A By-law to authorize the execution of an agreement with Damore
Bros. Limited for the construction of watermains, sanitary sewers, .
road reconstruction and sidewalk repairs in the Glenview Neighbourhood
Improvement Program Area. (R.C. 24-78)
Carried Unanimously
ORDERED on the motion of Alderman Schisler, seconded by Alderman Chessman, that
the following by-laws be now read a second and third time:
No. 78-237 -
A By-law to authorize the execution of an agreement with Hard
Rock Paving Company Limited for road and storm sewer construction
on Willoughby Drive. (R.C. 21-78)
No. 78-232 -
A By-law to authorize the execution of an agreement with M.J. Storm
Limited for the construction of sewermains, watermains and base
roads in Valley View Subdivision. (G.C. 22-78)
No. 78-238 - A By-law to authorize the execution of an agreement with L & N
Construction and Excavating of Niagara Limited for the construction
of a sewermain and water laterals in the Portage Heights Subdivision.
(G.C. 23-78)
No. 78-239 -
A By-law to authorize the execution of an agreement with M.J. Storm
Limited for the construction of a storm sewer on Sinnicks Avenue,
Atlas Street and Harold Street. (L.I. 24-78)
No. 78-240 -
No.:78-241 -
A By-law to provide monies for general purposes.
A By-law to authorize the execution of an agreement with Damore
Bros. Limited for the construction of watermains, sanitary sewers,
road reconstruction and sidewalk repairs in the Glenview Neighbourhood
Improvement ProgramArea. (R.C. 24-78)
Carried Unanimously
NEW BUSINESS
RESURFACING OF HIGHWAY #420
Alderman Merrett advised that he had notice a tender advertisement
recently in the newspaper for the resurfacing of Highway #420, with the work
to commence on May 1st and to be completed by the end of July. Alderman
Merrett pointed out that this work would be done during the peak of the
Cityts tourist season, and was bound to cause considerable traffic congestion.
His Worship, Mayor Thomson advised that the City's policy for road work in
the tourist-commercial areas provides that no work will be done between
June 15th and September 15th if at all possible. The Director of Municipal
Works suggested that the M.T.C, could be contacted and requested to
reschedule the work if possible, to a more suitable time. It was moved
by Alderman Merrett, seconded by Alderman Fera, that the M.T,C. be requested
..... 12
- 12 -
to have the work completed prior to May 1st or to reschedule the work until
after Labonr Day. Carried Unanimously.
FLOODING PROBLEM 5757 DORCHESTER ROAD
Alderman Fera advised that the resident at 5757 Dorchester Road is
experiencing a flooding problem at the front of his property because the
sidewalk was lower than the roadway, causing water to pond. The Alderman
indicated that this resident had called the City on this matter several
times but had not received any satisfaction. It was moved by Alderman
Fera, seconded by Alderman Cummings, that a member of staff contact the
owner of 5757 Dorchester Road-in an effort to resolve the problem, and that
a report be prepared for submission to Council. Carried Unanimously.
MAPLE LEAF VILLAGE PROPOSED FERRIS WHEEL
Alderman Puttick suggested that the newer members of Council be brought
up to date on the status of the proposed ferris wheel at the Maple Leaf Village
project and the City's application under the Judicial Review Procedure Act
to set aside the decision of the Committee of Adjustment with respect to the
ferris wheel. The Alderman indicated that he had heard that the City's legal
costs could be around $15,000, and suggested that the whole matter be reviewed
in view of the costs involved.
NIAGARA FALLS FLYERS HOCKEY TEAM
Alderman Orr praised the progress of the Niagara Falls Flyers hockey team
under its new management and the fact that attendance at games was increasing
steadily. The Alderman suggested that a letter of conm~endation be sent to the
team, congratulating them for. their fine effort.
SANITARY LANDFILL SITE
· His Worship, Mayor Thomson advised that presently, trees and wood are
taken to the Landfill Site and are covered along with garbage by fill material
at the site. The Mayor pointed out 'that the City was very concerned over the
life expectancy of the site, and suggested that rather tha~'~over this wood,
that it be stockpiled at a specific location on the site, and that residents
could go and pick up the wood and use it for fireplaces. The Maintenance and
Operations Engineer advised that this arrangement could be worked out, however
there could be a problem with persons wandering around the site and removing
materials, since the City was responsible while private individuals are on the
site. It was moved by Alderman Cheesman, seconded by Alderman Dilts, that
arrangements be made to have wood stockpiled in one specific location at the
Sanitary Landfill Site and that private individuals be allowed to remove this
wood for their personal use. Carried Unanimously. ~
It was moved by Alderman Fera, seconded by Alderman Orr, that the meeting
adjourn to Comm4ttee of the Whole. Carried Unanimously.
BY. AD AND ADOPTED,
~COL'~INSON, ; '. '~
, MAYOR S. WAYNE THOMSON
CONMr
Committee Room #1
December 18, 1978
exception of Alderman Wallman
Following consideratio
Whole arose without report~
Council met in Committee of the Whole on Monday, December 18, 1978 foliowin
a regular meeting of Council. A~kae/elara~of Council were present with the
'Tsler presided as Chairman.
AND ADOPTED,
,ted, the Committee of the
MAYOR S. WAYNE THOMSON
- 13 -
REGULAR MEETING
Council Chambers
December 18, 1978
Council reconvened in open session on Monday, December 18, 1978, folloming
a meeting in Committee of the Whole. All members of Council were present with
the exception of Alderman Wallman. His Worship, ~yor Thomson presided as
Chairman.
The meeting adjourned.
READ AND ADOPTED,
~ COLLINSON CITY CLERK~i
MAYOR S. WAYNE THObLSON