Minutes1993(B)TWENTY-SEVENTH MEETING
COMMITTEE OF THE WHOLE
Conmlittee Roonl #1
Septe nber '~0 1993
Council met on Monday, September 20 1993 at 4:30 p.m. in Committee of the Who e. All
members of Council, with the exception of Alderman Sherat; and Alderman War< who wa' ·
business, were present. Alderman Hendershot presided as Chairman. , s away nn
Following consideration of the items presented, the Committee of the Whole arose to report in
open session at 5:00 p.m.
Council discussed the merits of hearing persons from Veda Land in closed session due to the
proprietary matter of some of the information to be presented.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Germann, that
Council move to Committee of the Whole to discuss only those matters that are subject to Connnittee
discussions.
The motion .Cart ed with the following vote:
AYE: Aldermen Cowan, Cununings, Fisher, Germane, Janvary, and Orr.
NAYE: Aldermen Craitor, Hendershot and Puttick. *
and Alderman Susin abstaining from the vote on a conflict of nterest because he holds a mortg,'~ge on
a property in the area. '
READ AND ADOPTED,
REGULAR COUNCIL MEETING
Council Chambers
September 20, 1993
Council met on Monday, September 20, 1993 at 7:30 p,m. for the purpose of considering Regular
Council Business. All members of Council, with the exception of Alderman Sherat and Alderman Ward,
who was away on business, were present. Alderman Cummings offered the Opening Prayer.
ONE MINUTE'S SILENCE
A moment of silence was held in memory of the late Paul C. J. Brennan, former City Clerk, It
member of the Niagara Falls Hydro Commission and the Stamford Centre Volunteer Firefighters
Association and highly respected citizen of Niagara Falls.
See Resolution No. 87
ADOPTION OF MINUTES
Alderman Susin requested that the Minutes of September 13, 1993 be alnended to indicate his
conflict of interest on Communication No. 272, Veda Land Project, was because he holds a mortgage
on a property in the area; and requested that the minutes further indicate his conflict of interest nmler a
New Business Matter - Risen Construction, because he had performed work tbr the company which was
still in the billing process.
Alderman Craitor requested that the Minutes be amended to indicate that he voted contrary to the
runtion on Communication No. 272, Veda Land Project.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the Minutes of
the Planning Meeting of Septembar 13, 1993 be adopted as amended. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Cowan indicated a pecuniary interest on Report F-93-38, Cheque No. 89782, because
the recipient is his employer.
Alderman Susin indicated a pecuniary interest on the matter of Maharishi Veda Land, because
he holds a mortgage on a property in the area.
DEPUTATIONS
Maharishi Veda Land Canada Inc.
Mr. Bob Pepper, Maharishi Veda Land Canada, Inc. discussed the proposal for a world class
destination theme park in Niagara Falls, based on the theme of enlightenment, knowledge and
c~tertainment.
Mr. Pepper introduced Mr. Rick Weberg, Maharishi Veda Land Canada, Inc., who discussed
the concept of the theme park and indicated the theme park would consist of a combination of high
technology along with the illusion of magic.
During the discussions, questions were raised concerning whether the Veda Land project would
proceed if Counefl upheld their decision to allow casino gambling in Niagara Falls, if the ultimatum
would be removed and whether the Veda Land presentation should continue. Council was advised that
the submission had been presented in Committee and Council had resolved that the submission be
presented in open Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the Veda Land
presentation be permitted to proceed. The motion Carried with Alderman Puttick voting contrary to the
motion and with all others voting in fayour.
Alderman Puttick retired from the meeting.
Mr. Charlie Thomas, Architect, informed that data collection and review processes were in
place; that issues and areas of concern would have to be identified in order to obtain the necessary
approvals.
Mr. Ted Cooked PCL Construction, provided a brief history of PCL Construction and advised
that the primary area of concern was the establishment of a meaningful cost estimate respecting the
project; and assured that this was a genuine and real project.
Mr. Bob Pepper provided a financial overview of the project with the assistance slides and
reviewed the following topics: Market Assessment; Levels of Management; the Project Team; Alternate
Scenarios; Financial, Capital and Construction Costs; .Additional Impact on Shareprice and Earnings and
Phases of Long-Term Financing.
Mr. Rick Weberg provided a brief summation on debt financing; equity; corporate sponsorship
and fixed price constraints. Mr, Weberg compared the benefits of the proposed Veda Land project to
the proposed Casino Gambling project; referred to permanent years of employment; salaries; filling of
hotel rooms in the area; referred to crime drug abuse and gambling addictions; advised that the aim of
Veda Land was a "family entertaimnent" project and casinos would pollute the family-oriented atmosphere
of Niagara Falls; and indicated that site work could commence in the spring of 1994 and proceed into
"full gear" by next September.
Further discussion referred to acreage actually acquired and required by Veda Land; provision
of a convention centre; training programs; a proposed university; and the Disney Corporation's
involvement with Festival of Lights which highlights the family atmospheco.
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Mr. Weberg stated that casino gambling would change the character of the area and requested
that Council consider the Veda Land project and put casiuos on hold.
The City Solicitor advised that Council under the Planning Act, has a duty m have an objective
and open mind in respect to rezoning appl cations and that any decisions tonight could only'be, in
principle, with respect to Veda Land or casino gambling.
Further discussion referred to the approval of Veda Land, in principle notwithstanding any other
decision of Council. ·
It was ORDERED on the motion of Alderman Craitor, seconded by Alderman Germane to al low
the public to address Council. Carried Unanimously. '
Mr. F. Pinque, 6440 Montrose; Mr. Anthony Biletin, 7251 Monlrose; Bil Aruos 9825 Oft
Road; and Mr. Bob Crawford addressed Council in support of the proposed pr~iect.
Mr. Otto Roman expressed concerns regarding the "new age'* philosophy and thinking; and
transcendental meditation.
It was moved by Alderman Hendershot, seconded by Alderman Germanti, to approve of ~eda
Land, in principle, notwithstanding any other decision of Council. The motion Cart ed with
the following vote: ·
AYE: Aldermen Craitor, Cummings, Fisher, Germane, Hendershot and Janvary.
NAYE: Aldermen Cowan and err;
and with Alderman Susin abstaining from the vote on a conflict of interest previously noted.
Judith McCarthy, 6160 Allhen St., indicated she was in support of the motion
COMMUNICATIONS
Communication No. 280 - Ministry of Housing - Re: Ontario Home Renewal Progran~ (O.H.R.P.).
The communication provides information regarding the cancellation of the Ontario Home Renewul
program and the recovery of inactive funds from participating mnnicipalities.
ORDERED on the motion of Alderman Cummings, seconded by AIdennao Hendershot, that the
comnmnication be received and filed for the information of Coonell. Carried Unanimously.
Communication No. 281 - David A. Gillies, SkyIon Tower - Re: Sponsorship. The con~nmnication
requests support in securing $5,500 for the sponsorship era reception at a Tourism Canada Marketplace
event called "Kanata" in Japan.
ORDERED on the on the motion of Alderman Cummings, seconded by Alderman Headershot, to endorse
support in the mount of $1,000.00 toward the sponsorship. The motion ..Carried with Aldern~an Fisher
voting contrary to the ~notion and with all others voting in thvour.
Cnmmunieation No. 282 - AI Judge - Re: Golf Tournament. The communication requests a donation
for the prize table at the 1st Annual Rob Judge Memorial Golf Tournament to be held on September 26,
1993 at the Niagara Falls Golf Club.
ORDERED on the motion of Alderman Craltor, seconded by Alderman Cummings, that a donation not
exceeding $100.00 be provided toward the prize table. Carried Unanimously..
REPORTS
B-93-46 - Chief Administrative Officer - Re: The Buildings and Inspections Departanent Report
Aagast, 1993, The report recommends that this report be received and filed,
ORDERED on the motion of Alderman Cummings, s.eeonded by A derman Craitm', that the report be
received and filed. Carried Unanimously.
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MW-93-197 - Chief Administrative Officer - Re: Licenee Agreement with C.N. Real Estate For a Rail
Crossing of a Storm Sewer From Cropp Street to Morrison Street East of Dorchester Road. The report
recommends that the by-law appearing on tonight's agenda be given the necessary readings to anthorize
the execution of a licenee agreement with Canadian National Railway Company for the storm sewer
installation from Cropp Street to Morrison Street east to Dorchester Road.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be
received and adopted. Carried Unanimously.
RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by A derman Cummings, that the actions
taken on the following matters by the Municipal Works Committee, earlier this evening, be approved.
That the Minutes of the September 13, 1993 be adopted;
Report MW-93-199 - Niagara North Waste Management System Plan - Commnnity Landfill Policy
(July, 1993) - That the City of Niagara Falls endorse the Community Landfill Policy (July 1993)
prepared under the Niagara North Waste Management System Plan, including a commitment to
review the Policy, as outlined in Section E of the Policy - Alderman Bruce Cowan opposed;
MW-93-196 - Waste Reduction Week 1993 - that Report MW-93-196 - Waste Reduction Week 1993
be received and filed for information of the Committee and Council;
MW-93-200 - Update on Recycling Subsidy and Recycling Club - that 1) The City of Niagara Falls
continues to participate in the Niaga/a Municipal Recycling Board (The "Recycling Club"); and 2)
that authorization be granted to execute an amended "Recycling Club" Agreement;
MW-93-201 - Sidewalk Construction on the South Side of Thorold Stone Road from West Limit of
Monroe Plaza to Burbank Crescent - that the construction of a 1.5 metre sidewalk be approved on
the south side of Thorold Stone Road from West Limit of Monroe Plaza to Burbank Crescent;
Road Damages - O. J, Pipeline Company - that O.J, Pipelines had agreed to pay for the road
damages.
Carried
F-93-38 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the
accounts totalling $1,065,460.65 for the period ending September 20, 1993, be approved by the passing
of the by-law appearing later on the agenda. "
Additional information was provided on Cheque Nos. 89733; 89815; 89818 and 89827.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the repm't
be received and adopted. The motion C~trri~ with Alderman Cowan abstaining from the vote on a
conflict of interest previously noted, and with all others voting in fayour.
See By-law No, 93-229
CD-93-41 - Chief Administrative Officer - Re: AM-7/93 and AM-8/93; Restricted Area By-laws 93-168
and 93-170, Allanthus Avenue YWCA and Stamford Kiwanis, The report recommends that Council
reaffirm its approval of By-laws 93-168 and 93-170, in order that th6 Clerk may notify the Ontario
Municipal Board of this at the same time as he forwards the By-law and letter of objection. to the Board
with the request for a Hearing, ·
It was requested that a vote be taken separately on each of the applications.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fish, er, that Council reaffirm
its approval of By-law 93-168, Ailanthus Avenue YWCA. The motion Carried with Alderman
Hendershot and Susin voting contrary to the motion and with all others vcting in fav~'ur.
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ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that Ct}uncil reaffirm
its approval of By-law 93-170, Stamford Kiwanis. _Carried Unaninmusly
CD-93-42 - Chief Administrative Officer - Re: Festival of Lights; Request fur Exempt/on from
Municipal Monte Carlo Policy. The report recommends that Council deny the request of the Festival of
Lights for exemption from the Municipal Monte Carlo Policy.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Susin, that the report he received
and adopted and that staff work with the Festival of Lights group in order to obtain a lottery licenee.
Carried Unanimously.
CD-93-43 - Chief Administrative Officer - Re: Arts & Culture Commissiun Apl~oinm~ent' The report
recommends that Council appoint Colleen Brazeau to fill the vacancy titat has occurred on the Arts &
Culture Commission and that the Appointment be confirmed by the passage of an al~propriate By-law at
this meeting.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Craitor, that Colleen Brazeau
be appointed to Arts & Culture Commission. Carried Unanimously.
See By-law No. 93-r227
RESOLUTIONS
NO. 87 - CUMMINGS - FISHER - RESOLVED THAT a message of condolence be tbrwarded tu the
family of the late Paul C.J. Brennan, former City Clerk, a member of the Niagara Fails Hydru
Commission and the Stamford Centre Volunteer Firefighters Association and highly respected citizeo of
Niagara Falls;
AND the Seal of the Corporation be hereto affixed.
.Carried Unanimouslye,
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that leave be granted
to introduce the following by-laws, and the by-laws be read a first time:
93-227 A by-law to amend By-law No. 91-287, being a by-law to provide tbr appointn~ents to certain
Boards, Commissions and Committees.
93-228 A by-law to authorize the execution of a Licenee Agreement with Canadian N.',tional Raihvay
Company for storm sewer installation from Cropp Street to Morrison Street.
93-229 A by-law to authorize monies for General Purposes (Septetnber 20, 1993).
The motion Carried with Alderman Cowan abstaining from the vote on By-law No. 93-229, on a conllict
of interest previously noted, and with all others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, titat the tbllowing
by-laws be now read a second and third time:
93-227 A by-law to amend By-law No. 91-287, being a by-law to provide for appoiotmeots to eertaio
Boards, Commissions and Committees.
93-228 A by-law to authorize the execution of a Licenee Agreement with Canadian National Raihvay
~ Company for storm sewer installation from Cropp Street to Morrison Street.
i 93-229 A by-law to authorize monies for General Purposes (September 20, 1993),
~ The motion Carri~ with Alderman Cowan abstaining from the vote on By-law No. 93-229, on a conflict
; 4 of interest previously noted, and with aJl others voting in fayour,
;/
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NEW BUSINESS
Risen Construction
Alderman Craitor enquired whether a meeting had been set up with Mr. Carlet regarding Risen
Construction. His Worship Mayor Thomson advised that a meeting was being scheduled.
Conaratulations
Alderman Germane congratulated Alderman Bruce Cowan and his staff at the Niagara Falls Humane
Society respecting the renovations to the building.
Promenade for the Arts
His Worship Mayor Thomson congratulated all the participants that were involved in the very
successful Promenade for the Arts events.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that a letter of
congratulations be forwarded to all the participants that were involved in the very successful Promenade
for the Arts event. Carried Unanimously
It was moved by Alderman Hendershot, seconded by Alderman Cummings, that the meeting be
adjourned. Carried Unanimously,
READ AND ADOPTED,
MAYOR WAYNE THOMSON
~TWENTY-EIGHTH MEETii~~
REGULAR COUNCIL MEET!]~
Council Chambers
September 27, 1993
Council met on Monday, September 27, 1993 at 7:30 p.m. for the purpose of considering
Regular Council Business. All members of Council, with the exception of Alderman err, were
present. Alderman Fisher offered the Opening Prayer.
Achievement in Skiing
PRESENTATIONS
His Worship Mayor Thomson presented a token of appreciation to Nancy Gee on behalf of '
City Council and the community, in recognition of her achievements in the sport of skiing.,- Mayor
Thomson commended her for all her past achievements and wished her continued success in her
future endeavours. .
Memorial Awards
His Worship Mayor Thomson presented MemoriM Awards to the Royal Canadian Legion
Branch 51 - Lewis Lambourne; the Royal Canadian Legion Branch 396 - Danny Snlder; the
Royal Canadian Legion Braach 479 - Garnet Shaw; the British Canadlan Veterans Association.
Harold Chadwick; and the Canadian Corps Unit 104 - Leo Burger as a tribute to the memory
of the yomtg athletes of Niagara Falls who served in the Armed Services with the inscription;
"This Award ia a tribute to the Memory of the young athletes of Niagara Falls who served in the
Armed Services. Their athletic careers were never ful~lled due to death or serious injury. Athletic
opportunity was the symbol of what these athletes represented and believed in. Their determination
will always be an inspiration for athletes in Niagara Falls".
His Worship Mayor Thomson made a presentation to Thomas Villeneuve, in recognition of
his heroic act in rescuing a hotel guest f~om a near drowning.
School Bike Dav Com0efilion Award
His Worship Mayor Thomson present~l an award on behalf of the Environments/Planning
and Gresning Committee to Martha Cullimore Public School in recognition of placing First in the
recent School Bike Day Competition and Alderman Paisley Janvary accepted the award on behalf of
the school,
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
Minutes of the Regular Meeting of 3eptember 20, 1993 be adopted as printed, Carried
Unanimously.
T'vVENTY-EIGHTH MEETING
REGULAR COUNCIL MEETING
Council Chambers
September 27, 1993
Co,ncil met on Monday, September 27, 1993 at 7:30 p.m. for the purpose of considering
Regular Council Business. All members of Council, with the exception of Alderman err, were
present. Alderman Fisher offered the Opening Prayer.
PRESENTATIONS
Achievement in Skiins
His Worship Mayor Thomson presented a token of appreciation to Nancy Gee on behalf of
City Council and the community, in recognition of her achievements in the sport of skiing. Mayor
Thomson commended her for all her past achievements and wished her continued success in her
future endearours.
Memorial Awards
His Worship Mayor Thomson presented Memorial Awards to the Royal Canadian Legion
Branch 51 - Lewis Lambourne; the Royal Canadian Legion Branch 396 - Danny Snider; the
Royal Canadian Legion Branch 479 - Garnet Shaw; the British Canadian Veterans Association -
Harold Chadwick; and the Canadian Corps Unit 104 - Leo Burger as a tr-'bute to the memory
of the young athletes of Niagara Falls who served in the Armed Services with the inscription;
"This Award is a tribute to the Memory of the young athletes of Niagara Falls who served in the
Armed Services. Their athletic careers were never fulfilled due to death or serious injury. Athletic
opportunity was the symbol of what these athletes represented and believed in. Their determination
will always be an inspiration for athletes in Niagara Falls".
Heroism
His Worship Mayor Thomson made a presentation to Thomas Villeneuvo, in recognition of
his heroic act in rescuing a hotel guest from a near drowning.
School Bike Day ComOe~tion Award
His Worship Mayor Thomson presented an award on behalf of the Environmental Planning
and Greening Committee to Martha Cullimore Public School in recognition of placing First in the
recent School Bike Day Competition and Alderman Paisley Janvary accepted the award on behalf of
the school.
ADOPTION OF MINUT!~S
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
Minutes of the Regular Meeting of September 20, 1993 be adopted as printed. Carried
Unanimously.
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Mr. Bill Sauer, 13981 King Road, expressed concerns regarding his crop losses and yield
damage due to flooding which occurs; the inaccessibility to his 120 acres of land during flooding and
the need for having the land drained.
Mr. Tony Mete, 1800 Pinehunt, Welland, expressed concerns regarding flooding on
Koabel Road and advised that both rural residential residents and those who actively farm the land
would benefit if the land was drained.
Mr. Felix Pinque, 6440 Montrose, discussed the flooding on Garner Road and indicated
that area would be impossible to drain until Tee Creek is cleaned up and that he was willing to pay
his share to benefit the community.
Miss Lois Kit, Lot 2, Concession 7, expressed concerns regarding flooding problems in the
area and noted that the cleaning of Tee Creek property upstream would not resolve all the flooding
problems unless drainage improvements are also made to the McKinney drain south of Koabel Road;
she also expressed concerns for the safety of children living in the area due to road flooding.
Mr. John Chuniak, inquired what his involvement would be in the Tee Creek matter, as he
does not contribute nor benefit from Tee Creek. Mr. Bryon Wiebe, Consultant, advised Mr.
Chudiak was within the drainage area on the upper pan of the watershed and was being assessed a
portion of the cost.
Mr. John Ruicci, R.R.//4, Welland, expressed concerns regarding the efficiency,
economics, and administration costs of the project; and inquired about the method by which the
assessment was being carried out.
The Dh~e~or of Municipal Works advised that under the Drainage Act, there is a set
procedure that must be followed and indicated it was a long and tedious process.
Mr. Charlie Ort, Chairman, Niagara Peninsula Conservation Authority, referred to the
Engineer's Report on the Tee Creek Municipal Drain, and advised that the Niagara Peninsula
Conservation Authority owns 500 acres of the Willoughby Marsh of which 300 acres are assessed
for outlet liability only; indicated it was the contention of the Conservation Authority that the marsh
and wetland was over rated in outlet charges and that a recommendation would be made to the Board
authorizing an appeal be made to the Court of Revision regarding specific concerns.
Mr. Bryon Wiebe, Consultant, responded to concerns expressed by landowners regarding
the assessment on the project and advised the when the by-law is adopted by Council, landowners
could appeal to the Court of Revision respecting those concerns; addressed the issue of sediment
basin. s and indicated they are provided along the course of the drainage works to lessen the costs of
ongomg maintenance; discussed the payment sequence and actual benefits to major upstream
residents.
The City Solicitor responded to questions regarding flooding on rural roads and liabilities to
the city and advised there is a statutory duty on the pan of the municipality to ensure roads are clear
and free for travel, but felt the Drainage Act does not impose such a liability.
Mr. Harry Willirk, Netherby Road, expressed concerns regarding a 50-foot easement and
how this would effect his property. Mr. Wiebe responded that nothing the Engineer was doing
would effect Mr. Willick's property.
Since no further cornmonte were forthcoming, His Worship Mayor Thomson declared the
Public Meeting with regard to Report MW-93-132 closed.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Susin, that the report be
received and adopted. Carried Unanimously.
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ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the
communications be received and filed. Carried Unanimously.
DEPUTATIONS
Niagara Peninsula Conservation Authority
Mr. Charlie err, Chairman, Niagara Peninsula Conservation Authority discussed the
impact of the cun'ent expenditure control plan, the thrust of the conservation movement on Provincial
entanglement with Authorities in Ontario and refeffed to a document entitled "Restructuring
Resources Management in Ontario - A Blueprint for Success ", which proposes having one ministry
dealing with conservation and resource management issues in the Province.
Mr. Oft requested that after review, Council endorse the discussion paper and thanked the
members for the opportunity to make his presentation.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the Ontario
Restaurant Association communication be brought forward. Carried Unanimously.
Communication No. 286 - Ontario Restaurant Association - Re: Extended Hours of Service. The
communication requests Council support for extended hours of service for licenced establishments
in conjunction with the Winter Festival of Lights.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the request
be supported for the extension of hours for liceneed premises in Niagara Falls during the Festival
of Lights until 3:00 a.m. in that the Festival of Lights is a significant event L'~ the municipality.
Carried Unanimously.
See Resolution No. 90
World Festival Niagara
Mr. J. Tothfaluse provided background information on a proposed major tourist attraction
in Niagara Falls called Worldfest; referred to a package incentive to be promoted by local hotels;
reviewed the economic impact of ~he festival; discussed a major fundraising plan involving a year-
round casino operation and requested the city's support to underwrite $73,500 of the event's budget
for the first year of the festival.
Following some discussion, it was ORDERED on the motion of Alderman Cummings,
seconded by Alderman Fisher, that Council approve the festival, in principle, with no financial
contribution from the city and furlher that the matter be referred to the Visitor & Convention Bur~u
for further discussion. The motion Carried with Aldermen Janvary and Ward voting contrary and
with all others voting in layout.
Mr. Paul Dewhie, 6468 Armstrong Drive, stated that the City of Niagara Falls has let
major ventures pass it by; and expressed concerns regarding Council's recent "in principle' decision
on Veda Land. Mr. Downie requested Council support a resolution to ensure that the developmental
process respecting Veda Land continue.
His Worship Mayor Thomson remarked that Council has put a great deal of thought and
effort into the project and are very supportive of going through the planning process and to provide
the public with an opportunity to comrn~nt on the development.
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Following some discusslop, it was ORDERED on the motion of Alderman Cowan, seconded
by Alderman Craitor, that, in principle, this Council would not seek casino gambling in the City of
Niagara Falls, henceforth restricting itself, the right, however, of third parties wishing to enter into
a developmental process with regard to gambling, cannot be prejudiced. The motion was Defeat~
with the following vote: ·
AYE: Aldermen Cowan and Craiter.
NAYE: Aldermen Cummings, Fisher, Germane, Hendershot, Janvary, PuRiek, Sherat and Ward.
Alderman Susin abstained from the vote on a conflict of interest previously recorded.
Mayor Thomson referred to discussions with Mr. Doug Henning respecting the Veda Land
project coming to Niagara Falls and suggested the appropriate people from the municipality, the
Mayor and staff continue to have ongoing dialogue with representatives from Veda Land, to see if
there is any method by which the project can go through the planning process and see if there is
some common ground on which to continue.
Following further discussion, it was ORDERED on the motion of Alderman Hendershot,
seconded by Alderman Cummings, that Council have the appropriate people sit down and negotiate
with representatives of Veda Land to see if they can keep the Veda Land project onside. The motion
Carried with Aldermen Cowan and Craitor voting contrary to the motion; Alderman Susin abstained
from the vote on a conflict of interest previously noted and with all others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
Mr. Earl Cummer, 4534 Queen St., be granted permission to address Council. Mr. Cmmv, er
discussed concerns regarding the matter of being denied heat by his landlord and inquired whether
there was a "heating' by-law.
Mayor Thomson informed that the Public Health Inspector had found the heating equipment
to be defective and the matter would be corrected.
The City Solicitor advised that the City does have a by-law indicating that minimum heat of
70 degrees will be provided by landlords in residential units.
His Worship Mayor Thomson indicated to Mr. Cummer if the matter is not corrected, that
he contact the Mayor's Office, and have heat monitoring equipment placed in his residence for a 24-
hour period.
Ms. Elizabeth Balanyk, indicated she wished to address Council regarding a matter of
having be~n suspended from her position as a nurse from the Greater Niagara C~neral Hospital and
her wish to address her concerns to the Board of Governors regarding the matter.
ORDERED on the motion of A/derman Cummings, seconded by Alderman Sberar, that Ms.
Balanyk forward her cencerus in a letter to Mr. John Caner, President and'Chief Executive Officer
of the Greater Niagara C~neral Hospital along with copies to Aldermen Cummings, C~rmano and
Susin, and furlher that Ms. Balanyk contact Margaret Harrington and Shirley Coppen with regard
to the matter of legal aid. Carried Unanimously.
COMMUNICATIONS
Communication No. 287 - Corporation of the City of Thorold - Re: Resolution. The
communication requests Council endorse a resolution regarding M.O.E. Certificates of Approval;
Private and Commercial Cornposting Facilities.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Headershot, that the
matter be referred to staff. Carttat Unanimously.
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Communication No. 288a) - The Independent Order of Foresters - Re: Proclamation. The
communication requests Council proclaim the month of October as 'Child Abuse Prevention Month"
in Niagara Fails.
Communication No. 288 b) - Rich Judge, Director of Fire Prevention - Re: Proclamation. The
communication requests Council proclaim October 3 through October 9, 1993 as "Fire Prevention
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
requests in Communication 288a) and 288b) be approved subject to established policy. Carried
Unanimously.
Communication No. 289 - Federation of Canadian Municipalities - Re: Federal Election. The
communication provides background information, model resolutions and media releases on the issue
of the federal government's refusal to pay its fair share of property taxes; adequate housing for all
Canadians and investing for a competitive future.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the
correspondence be received and filed for information. Carried Unanimously.
REPORTS
MW-93-203 - Chief Administration Officer - Re: Ratification of Report MW-93-202; Closing
and Disposing of South End Depot. The report recommends that authorization be granted to the
closing (after October 1, 1993) and disposing of the South End Depot.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the report
be received and adopted. Carried Unanimously.
RATIFICATION OF MUNICIPAL WORKS COMMITs'EE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
actions taken on the following matters by the Municipal Works Committee, earlier this evening, be
approved.
That the minutes of the Municipal Works Committee Meeting of September 20, 1993 be
adopted;
City Float - the Director of Municipal Works advised that the City's Float had won first
place in the Niagara Grape & Wine Festival which had been held on Saturday, September
25, 1993;
Report MW-93-160 - 1993 New Equipment Purchases - That authorization be granted for the
purchase of various pieces of equipment, shown on Appendix "A" for a total sum of
$201,607.65.
Carrt~
PD-93-102 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval;
The Katharina Plan, 26T.89039. The report recommends the following:
That a Council resolution supporting a one-year extension to The Katharina Plan draft Plan
of Subdivision be adopted and forwarded to the Regional Municipality of Niagara, conditional
upon the applicant main~ning the appropriate subdivision sign which complies with the
Municipal and Regional requirements;
That a copy of this report and Council's decision be forwarded to the Regional Municipality
of Niagara.
-7-
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that the report be
received and adopted. Carried Unanimously.
See Resolut;iOn NO, 91
PD-93-104 - Chairperson, Environmental Planning & Greening Committee - Re: Action
Resulting
from the Planning & Greening Committee, September 15, 1993 Meeting of the Environmental
Planning & Greening Committee. The report recommends that Council endorse the actions
resulting from the September 15, 1993 meeting of the Environmental Planning and Greening
Committee.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the report be
received and adopted. Carried Unanimously.
R-93-38 - Chief Administrative Oilleer - Re: Tender TRll-93; Landscape Development of
Preakness Park and Mount Carreel Park Phase 1. The report recommends the following:
That the tender for the development of Preakness park and Mount Carmel park Phase 1 be
awarded to Stevensville Lawn Service of Stevensville, Ontario at the tendered cost of
$331,436.78;
2. That the By-law appearing later on this evening's agenda authorizing an agreement with
Stevensville Lawn Service be approved.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Janvary, that the report be
received and adopted. Carried Unanimously.
R-93-39 - Chief Administrative Officer - Re: Sports Wall of Fame Inductees and Induction
Ceremony. The report recommends that Council approve the Inductees to the 1993 Sports Wall of
Fame as outlined in the report.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Germane, that the report
be received and adopted. Carried Unanimously,
F-93-39 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the
aeeounts totalling $13,963,773.22 for the period ending September 27, 1993 be approved by the
passing of the by-law appearing later on the agenda.
Additional information was provided on Cheque Nos. 90063; 90078; 90049; 90034.
Alderman Susin requested further information with respect to all the Appeals Cheques.
Alderman 8usin indicated that he was contrary to Cheque Nos. 89854 attd 89855.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that the report
be received and adopted. The motion C~ried with Aldermen Craitor, Cowan, C-ermano,
Bendershot, Janvary and Susin, abstaining from the vote on conflicts of interest previously noted and
with all others voting in fayour.
His Worship Mayor Thomson provided information on Cheque No. 89598, Renown Printing,
regarding Executive Letterhead.
-8-
L-93.46 - Chief Administrative Officer - Re: Regional Apportionment; Assessment Act Appeal;
File No. 92-B3-089. The report recommends {hat City Council instruct the City Solicitor to take
appropriate legal action for an appeal pursuant to the Assessment Act with respect to the Regional
Apportionment for 1993.
ORDERED on the motion of Alderman Susin, seconded by Alderman Sherat, that the report be
received and adopted. The motion Carried with Alderman Craitor abstaining from the vote on a
conflict of interest previously noted and with all others voting in fayour.
CD-93-44 - Chief Adminislrafive Officer - Re: Special Occasion Permit; Canada Customs
International Law Enforcement Baseball Tournament. The report recommends that Council
indicate it has not objection to the issuance of a Special Occasion Permit to the organization listed
in this report.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
report be received and adopted, Carried Unanimously
CD-93-45 - Chief Administrative Officer - Re: Hydro Commission Appointment. The report
recommends that Council pass the By-law appearing on this evening's agenda appointing Mr. Alfred
P. Luciano to the Niagara Fails Hydro Electric Commission to fill the vacancy which has occurred
due to the death of Paul J. Brennan.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Germane, that the report
be received and adopted. Carried Unanimously
See By-law No. 93-232
RESOLUTIONS
NO. 88 - SHERAR - HENDERSHOT. RESOLVED That a message of condolence be forwarded
to the family of Larry Oates Director of Municlpal Works
on the recent loss of his mother, Phyllis
Oates. ' '
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 89 - HENDERSHOT - CUMMINGS - BE IT RESOLVED That the week of September 27,
1993 be designated as "Nancy Gee Week" in the City of Niagara Falls in recognition of her
achievements in the sport of skiing.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 90 - PU]TICK - HENDERSHOT. RESOLVED THAT the Council of the City of Niagara
Falls supports the request of the Ontario Restaurant Association to the Liquor Licensing Board of
Ontario for Extended Hours of Service to 3:00 a.m. for Licenced establishments in conjunction with
the Winter Festival of Lights.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 91 - FISHER - JANVARY - RESOLVED THAT the Council of the City of Niagara Falls
supports a one-year extension to the Katharina Plan draft Plan of Subdivision (26T-89039),
conditional upon the applicant maintaining the appropriate subdivision sign which compiles with the
Municipal and Regional requirements, and that the Regional Municipality of Niagara be so advised.
AND the Seal of the Corporation be hereto affixed,
Carried Unanimously
-9-
_BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that leave be
granted to introduce the following by-law, and the by-law be read a first and second time:
93-230 A by-law to provide for a drainage works in the City of Niagara Fails, in the
Regional Municipality of Niagara.
C~lrried UnanimOusly
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that leave be
granted to introduce the following by-laws, and the by-laws be read a first time:
93-231
93-232
A by-law to authorize the execution of an agreement with Stovensville Lawn Service
Inc. respecting Preakness Park and Mount Carmel Park.
A by-law to provide for Appointments to Certain Boards, Commissions and
Committees.
93-233 A by-law to authorize monies for General Purposes (September 27, 1993).
The motion Carri~ with Aldermen Craitor, Cowan, Germane, Hendershot, Janvary and Susin,
abstaining from the vote on By-law No. 93-233 on conflicts of interest previously noted and with all
others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the by-law
be read a second and third time:
93-231
93-232
A by-law to authorize the execution of an agreement with Stevensville Lawn Service
Inc. respecting Preakness Park and Mount Carreel Park. '
A by-law to provide for Appointments to Certain Boards, Commissions and
Committees.
93-233 A by-law to authorize monies for General Purposes (September 27, 1993).
The motion Carried with Aldermen Craitor, Cowan, C-ermano, Hendershot, Janvary and Susin,
abstaining from the vote on By-law No. 93-233 on conflicts of interest previously noted and with all
others voting in fayour.
Ontario Hydro
NEW BUSINESS
Alderman Cummings requested ~e status regarding finances from Ontario Hydro. He was
advised that if the agreement is fmalized before the end of the year, the city would receive the funds.
It was moved by Alderman Hendershot, seconded by Alderman Cummings, that the meeting
be adjourned. Carried Unanimously.
READ AND ADOFrED,
MAYOR WAYNE THOMSON
THIRTIETH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
October 18, 1993
Council met on Monday, October 18, 1993 at 7:00 p.m. in Committee of the Whole. All
members of Council, with the exception of Alderman Cowan, who was away on business, were present.
Alderman Fisher presided as Chairman.
Following consideration of the items presented, tile Comn~ittee of the Whole arose to report in
open session.
READ AND ADOPTED,
'ii;i ...........
MAYOR WAYNE THOMSON
PLANNING MEETING
Council Chambers
October 18, 1993
Council met on Monday, October 18, 1993 at 7:30 p.m. tbr the purpose of considering Planning
Matters and Regular Business. All members of Council, with the exception of Alderman Cowan, who
was away on business, were present. His Worship Mayor Thomson presided as Chairman aml otli~red
tile Opening Prayer.
DISCLOSURES OF PECUNIARY INTER~___.~_
Alderman Germano declared a pecuniary interest on Report L-93-55, because a member of bet
t~mily is employed by the School Board.
PRESENTATION
Niagara Falls Public Library Board
Mr. Carm Dix, Chair of the Library Board, intbrmed Council that during Ontario Public Library
Week being held October 18 to October 24, 1993, the Ministry of Culture, Tourism and Recreation was
launching a n6w Information Network for Ontario (INFO) and invited members of Council and the public
to see a demonstration at the Victoria Avenue Library. Mr. Dix presemed an INFO medal to the Mayor
and members of Council on behalf of the Ministry of Culture, Tourism and Recreation as a token of
appreciation for their support.
Mr. Dix requested that a poster informing of the new Information Network fix Ontario be placed
in the lobby of City Hall during Ontario Public Library Week.
His Worship Mayor Thomson thanked Mr. Dix fbr his presentation and expressed appreciation
to Mr. Joe Longo for the fine work he has done since his appointment as Chief Librarian.
-2-
PLANNING MAITERS
PD-93-106 - Chief Administrative Officer - Re: Licensing of Rooming & Boarding Houses. The
report recommends the following:
1. That Report PD-93-106 be received and filed for information;
That Council approve the By-law appearing on tonight's agenda, whereby the owners and/or
operators of rooming and boarding houses (Second Level Lodging Houses) shall be required to obtain
a licence and pay the appropriate fees for the licenee.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the report be received
and adopted. Carried Unanimously.
See By-law No. 93-241
PD-93-107 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-34/92,
J & H Tangkenko, 4962 McRae Street. The report recommends the following:
1. That Report PD-93-107 be received and filed for information;
2. That~avingregardt~the~rigina~ree~mmendati~nRep~rtPD~93~23~app~aring~nC~unci~sagenda
the tbllowing recommendations be adopted:
That Council support the application to amend the City's Zoning By-law to permit the existing
dwelling to be used as a rooming and boarding house;
ii.
That the amending by-law include provisions to permit a maximum of 8 residents, recognize
the size and location of the existing dwelling and to require the house to be staffed on a 24-
hour basis to provide assistance to the residents;
iii. That the applicant be required to dedicate a daylighting triangle at the intersection of McRae
Street and Second Avenue and to pay applicable Development Charges.
- AND -
Co~nnmnicatlon No. 291 - Niagara Peninsula Conservation Authority - Re: Zoning By-law
Amendment Application; File No. AM-34192. The communication indicates as having no objection to
the proposed amendment. e
His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be
tbllowed under the Planning Act.
The City Clerk advised that the Notices of the Pubiic Meeting had been forwarded by mail on
September 17. 1993.
His Worship Mayor Thomson received indication that Mr. William Slovak, Solicitor, was io
attendance on behalf of the applicant; and received a positive response to his request for a show of hand s
by persons present who were interested in the application. He requested that all persons wishing to
receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior
to leaving the meeting.
The Director of Planning and Development referred to the subject property with the assistance
of posted sketches and discussed the impact on the existing neighbourhood; the adequacy of the existing
dwelling; who the occupants would be; the permitted number of residents and parking facilities.
His Worship Mayor Thomson received a negative response to his request for comments from
persons, other than the applicant or his agent, in support of the application, and received a positive
response from persons opposed to the application.
...3
'1
-3 -
Mrs. Marie Patton, 5303 Second Avenue, stated that the area was a residential, t~mily arelt and
that such a proposal would turn the neighbourhood into a "slum area"; expressed concerns that the
proposal was considered "necessary affiardable housing"; and enquired who would monitor the occupants
at the residence.
The Director of Planning and Development responded to questions regarding group homes and
rooming and boarding houses (second level lodging homes) and advised there was a distinction between
group homes which are liceneed and funded by the province and that rooming/boarding hnuses are
permitted only through the rezoning process. He further explained that second level lodging homes
provide room and board and a certain level of care.
Mr. Mark Hand, 5135 McRae Street, expressed concerns regarding the type of individuals
residing at the home; the devaluation of property in the area; and requested that Council deny the
application.
Mr. Wally Essert, 4888 McRae Street, enquired what steps could be tltken to ensure that the
situation regarding the type of individuals presently residing at the home would not change once approval
was given and expressed concerns with respect to the devaluation of property.
The Solicitor responded to qnestions regarding "zoning applications dewdealing property" and
advised there has been no objective study carried out to indicate that group homes devalue property.
Mr. Jeff Wilker, 390 Bay Street, Torontu, who was in attendance on behalf of his thther. who
resides at 5311 Second Avenue, expressed the tbllowing concerns: the proposal did not reqoire the owner
to live at the residence and requested that a condition be put in place requesting that the owner reside at
the home; suggested that a comprehensive report be performed regarding the number of residents in the
building; indicated there was no mention of a staff member living on site and the location of office
facilities and sleeping accommodations tbr a staff member; and the type of individuals residing at the
fiatlilly. Mr. Wilker questioned the appropriateness of introducing such a use in a residential area; and
inquired about the applicant's previous record in operating other such t~cilities.
Mrs. Penner, 4880 McRae, expressed concerns regarding absentee landlords and the condition
of their properties and indicated the need for a well-kept neighbourhood.
Mr. Z. Legeny, 5279 Third Avenue, expressed concerns regarding the level of care and
attention that would be provided to the residents and the inadequate number of washroom facilities tbr
the mnnber of occupants.
Erin Hand, 5287 Second Avenue, indicated she had no concerns regarding the present tenants,
but expressed opposition to the proposed application which could change the nature of the neighbonrhood.
Further discussions ensued regarding the dispensing of required medicalions and the monitm'ing
of residents; the spectrum of residents living in the fi~cility and the building not being designed to be a
rooming house.
Mr. William Slovak, Solicitor, submitted and referred to Communication No. 292a) - and
Communication No. 292b) Niagara, Health Services Department, advising the facility "to be clean
and well-maintained" at the thne of inspection. Mr. Slovak responded that a pharmacist dispensed the
necessary medications to the residents; and that part time staff was used during the weekends to attend
to the residents.
Mr. Slovak indicated that the purpose of the proposal was to provide a legal use and requested
that Council support the application.
Mr. Tom Patton, 5303 Second Avenue, questioned the length of stay by the occupants of the
futility.
Since no further comments were tbrthcoming, His Worship Mayor Thomson declared the Public
Meeting with regard to Application AM-34/93 closed,
.,.4
-4-
ORDERED on the motion of Alderman Germane, seconded by Alderman Sherar, that the application not
be approved. The motion Carried with Alderman Ward voting contrary to the motion and with all others
voting in fayour.
PD-93-108 - Chief Administrative Officer - Re: Official Plan Amendment Application; AM-15/93,
Q.E.W. Mount Properties Inc., Southwest Corner of Mountain and _~Aewburn Roads. The report
recotnmends the following:
1. That Council support the requested amendment to the City's Official Plan whereby the subject lands
would be redesignated for Residential purposes;
2. That the remaining lands within the quadrant be further examined as to their servicing capabilities,
land use potential and integration with the subject lands in order to achieve a compatible and efficient
arrangement of future land uses;
3. Thatthe~ndings~fsuchanexaminati~nbebr~ughtbacktoC~unci~f~rfurtherc~nsiderati~naod
direction.
- AND -
Conmrunication No. 293 - Regional Municipality of Niagara - Re: Amendment of the Official Plan
(AM-15/93). The communication indicates as having no objections to the proposed change in land use
designation.
His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be
tbllowed under the Planning Act.
The City Clerk advised that the Notices of the Public Meeting had been published in the Niagara
Falls Review on September 17, 1993.
His Worship Mayor Thomson received indication that Mr. Louie Bourdolone, Planner, was in
attendance on behalf of the applicant; and received a positive response to his request for a show of hands
by persons present who were interested in the application.
The Director of Planning and Development referred to the subject property with the assistance
of posted sketches and reviewed the Nature of the Requested Official Plan Amendment; the Land Use
Compatibility; Potential Integration of Land Use; the Recent Construction of a Noise Attenuation Wall
nearby and Stormwater Management.
His Worship Mayor Thomson received a negative r~ponse to his request for comments from
persons, other than the applicant or his agent, in support of the application, and received a positive
response from persons opposed to the application.
Mr. John Brigis, 7354 Scholfield Street, indicated he was opposed to Item #2 and #3 of the
Recomn~endation Report PD-93-10; expressed concerns regarding land use and storm sewer requirements;
requested if future projects take place, that it be taken into account his property is zoned Tourist
Conunercial and he wished to have his property remain as such.
Mr. Herman Damere, indicated that he was in favour of the proposed development as being
compatible with the area.
Mr. Louie Bourdolone, advised that the residents in the neighbourhood are supportive of the
development; explained there seemed to be no obstacles with regard t0 servicing or land use. Mr.
Bourdolone responded to questions regarding frontages and indicated the proposed subdivision was to
have between 66-69 foot frontages and a combination of semi's and ot~ single family homes.
Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public
Meeting with regard to AM-15/93 closed.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that the corr~pondence
be received and filed. Carried Unanimously.
-5 -
ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that the report be received
and adopted. Carried Unanimoosly.
REGULAR COUNCIL MEETING.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the minutes of
the Regular Council meeting of October 4, 1993 be adopted as printed. Carried Unanimously.
DEPUTATIONS
Jays Chips
Mr. Jake Underhill~ Jays Chips indicated his chip wagon operation does not conflict with tile
sorrounding businesses in the plaza; referred to currespondence from business owners in the plaza
indicating he is an asset to the plaza. Mr. Underhill requested Council provide relief fi'on~ the minimnm
distance requirement of a 200-foot separation from licenced restaurants as required by the Licensing By-
law on that basis. -'
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the request be
approved. Carried Unanimously.
COMMUNICATIONS
Communication No. 294 - Proclamation. The co~nmunication requests that Council proclaim October
24 to October 31, 1993, as "White Ribbon Week" for the City of Niagara Falls.
Mrs. Kyla Kendall, indicated the aim of the White Ribbon Against Purnography CvVRAP)
campaign was to intBrm and make the community aware of the devastating eft~xts and the negative impact
of pornography; referred to an article published in Macleans magazine on October 1 l, 1993 regarding
pornography; discussed the harmful effects of pornography on families and children.
Mrs. Kendall thanked me~nbers for the opportunity to address Council.
ORDERED on the motion of Alderman Germano, seconded by Alderman Craitor, that the request be
approved. Carried Unanimously.
Some discussion ensued regarding the sale of "Killer Cards" coming from tile United States to
Canada.
ORDERED on the motion of Alderman Gennano, seconded by Alderman Craitor, that a letter be
tbrwarded to the Fe,leral and Provincial governments advising of Council's condemning the sale of Killer
Cards and timher advising the Minister responsible/br Customs that Council censures such cards entering
Canada. Carried Unanimously.
ORDERED on the motion of Alderman Susin, seconded by Alderman Janvary, that Report B-93-51,
Parking Facilities; Senior Citizens Complex be brought forward. Carried Unanimonslv.
B-93-51 - Chief Administrative Officer - Re: Parking Facilities, Senior Citizens Coronation Centre.
The report recommends that Council approve the construction of a parking facility tbr the Senior Citizens
Coronation Centre on a vacant parcel of City owned land located on the south east corner of Sununer
Street and Lowell Avenue.
The Director of Buildings, Inspections and Special Assignments referred to the proposal tbroogh
posted sketches and provided a brief summary of the proposed parking facilities for the Senior Citizens
Coronation Centre.
...6
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- 7 -
Linda Rufrano, Director of the Senior Citizens Coronation Centre, indicated the property is
city owned and would be the most economical to develop, but that the facilities were only a temporary
solution to the parking problems in the area; advised that the Senior Citizens Facilities committee had
agreed to maintain the parking lot.
The Director of Buildings, Inspections and Special Assignments advised that other alternatives
had been provided and all the other proposed sites had been discussed.
Mr. Crowe, Vice President of the Coronation Centre, indicated there were educational and
recreational activities in the building and requested that additional parking be provided to carry out the
senior programs. Mr. Crowe requested that if the proposal was not approved, that another solution be
provided.
Mrs. Hodgson, 5760 Lo~vell Avenue, expressed the tiallowing concerns: flooding problems;
drive~vays being "marked back"; proposed gravel driveway and dust concerns.
Further discussion ensued regarding drainage problems; the need for more than 13 parking spaces
in the centre.
It was ORDERED on the motion of Alderman Germano, seconded by Alderman Hendershot, that Council
approve the recommendation. The motion was Defeated with the following vote:
AYE: Aldermen Cummings, Hendershot, Germano, Shetar and Susin.
NAYE: Aldermen Craitor, Fisher, Janvary, Orr, Puttick and Ward.
Following some discussion, it was ORDERED on the motion of Alderman Ward, seconded by
Alderman Puttick, that the matter be referred to staff and the Parking and Traffic Committee to find a
reasonable solution to the parking problems at the senior citizens complex. The motion Carried with
Aldermen Hendershot, Sherar and Susin voting contrary to the motion and with all others voting in
favour.
Communication No. 295 - Grace Gospel Church - Re: Observance of Halloween. The communication
requests Council support a resolution to observe Hallowcan on the Saturday evening rather than Sunday.
- AND -
CD-93-55 - Chief Administrative Officer - Re: Observance of Halloween. The report recommends that
Council not pass a resolution respecting a change in the date for the observance of Halloween.
The. report advisM that a poll had been conducted of the area municipalities of Regional Niagara
and that only one municipality had passed a resolution requesting that Halloween be observed ou
Saturday, October 30, 1993.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Germano, that the
Communication be received and filed. Carried Unanimously.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Germano, that the report be
received and adopted. Carried Unanimously.
Communication No. 296 - Niagara Peninsula Conservation Authority - Re: The Niapencu
Conservation Awards. The communication requests nominations for the.Niapaneo Conservation Award
for an individual or group who best exemplifies the commitment to conservation.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Itendershot, that the matter
be referred to the Environmental Planning and Greenlug Committ~. Carried. Unanimously,
...7
Con~munieation No. 297 - Social Planning Council of Niagara Falls - Re: Report Entitled Interactim~
Within a Multicultural Community. The communication provides information and recommendations
regarding the recently completed report.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the correspondence be
received and filed. The motion Carried with the following vote:
AYE: Aldermen Fisher, Germano, Orr, Puttick, Susin and Ward.
NAYE: Aldermen Cummings, Craitor, Hendershot, Janvary and Sherat.
Communication No. 298 - Winter Festival of Lights - Re: Permit for Fireworks. The commuoication
requests that Fireworks be permitted during the Winter Festival of Lights from November 19, I993 to
Jammry 15, 1994.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craltor, that the request l~e
approved, subject to established policy. Carried Unanimously.
Communication No. 299 - City of Welland - Re: Resolution. The communication reqnests Council
sapport a resolution by the City of Welland to petition the Government of Ontario to exempt
municipalities from the Retail Sales Tax.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the request be
supported. Carried Unanimously, ~
Contmunieation No. 300 - Mr. Dnnald Bradhury - Re: Extension of GO Train Service. The
connnunication provides a proposal tier extending the GO Train service to Branttbrd and Niagara Falls.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cumlnings, that the proposal
be supported. Carried Unanimously.
Conununication No. 301 - City of Gloucester - Re: Legislation regarding removal nf Mayors front
Regional Council. The communication requests that Council support a resolution asking the Provincial
Government to include Mayors on Regional Government.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that Council endorses
the resolution. Carried Unanimously.
Communication No. 302 - The Opthnist Cluh - Re: Resolution. The communication requests that
Council declare the week of November 1 to November 7, 1993 as "Youth Appreciation Week".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the request
be supported. Carried Unanimously.
REPORTS
MW-93-208 - Chief Administrative Officer - Re: Region's Reference 93-T-20, Sodium Chloride
Tender. The [eport recommends that the tendered price for sodium chloride, at a cost of $37.63 per
tonne from Akzo Salt Ltd., be accepted for the 1993-1994 winter season; G.S.T., less the Municipal
G.S .T. rebate; plus Provincial Sales Tax will add an additional 11% to this cost.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the report be
received and adopted. Carried Unanimously.
MW-93-209 - Chief Administrative Officer - Re: Stockpiling of Winter Sand 1993-1994 Winter Season.
The report recommends that the tender for the Supply and Delivery of Winter Sand including the mixlug
of salt with this sand, be awarded to Walker Brothers Quarries for the unit prices tendered by this
company.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the report be received
and adopted. Carried Unanimously.
MW-93-211 - Chief Administrative Officer - Re: Contract 93-110; 1993 Tree Planting Contract. The
report recommends that the unit prices submitted by G.M. Garden Centre & Nurseries Inc. be accepted
and this contract be awarded to this firm.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the report be
received and adopted. Carried Unanimoosly.
See By-law No. 93-244
RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS
ORDERED on the mot on of Alderman Hendershot, seconded by Alderman Cummings, that the actions
taken on the ibllowing matters by the Municipal Works Committee, earlier this evening, be approved.
1. Adoption of the amended Minutes of September 27, 1993;
2. That the Advertisement "Don't Let Your Leaves Go to Waste" be received and tiled for tile
information of the Committee and Council;
3. That the Information provided regarding the Oakwood Drive Sanitary Sewer Project be received aud
flied for the information of the Committee and Council.
4. Report MW-93-210 - Rainbow Bridge Plaza Operations Study - that the City participate in tile
Rainbow Bridge Plaza Traffic Operations Study at an estimated cost of $48,000 with the City's share
being $6,500;
Carried
ORDERED on the motion of Alderman Susin, seconded by Alderman Germane, that Report MW-93-217
be considered separately. The motion Carried with Alderman Hendershot and err voting contrary to the
nrotion and with all others voting in fayour.
Repnrt MW-93-217 - Mountain Road Landfill Equipment Storage Building - that authorization be
granted to obtain quotations for various building materials sub-contractors and that construction proceed
on the Equipment Storage Building.
Alderman Susin expressed concerns respecting the $12,000 worth of blocks being stored for use ibr
the new bulldozer shed; stated that the proposed shed location was formerly a low lying swamp area; and
suggest~l that the scale house could be converted into a storage shed.
Alderman Susin stated that notwithstanding the fact that the item was in the 1993 budget, he was
under the impression Council had been assured that prior to anything being done, that the item would be
brought back for final approval but this had not occurred.
The Director of Municipal Works advised the building was required and budget approval to proceed
with construction of the building had previously been given. The Director of Municipal Works responded
to concerns regarding the condition of the land and indicated that the bulldozer area had been stabilized.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that Report
MW-93-217 be ratified. The motion Carried with Alderman Germane and Susin voting contrary to the
motion and with all others voting in fayour.
B-93-52 - Chief Administrative Officer - Re: Site Plan Amendment Approval; Kaitlin Court
Condominium; 3364 Montrose Road; Site Plan Control-SPC-09. The report recommends that Council
approve the amendment to the site plan for Kaltlin Court Condominiums, 3364 Montrose Road, parsuant
to Section 41 of the Planning Act, comprising of the site servicing and grading plan being drawing No.
5310 SSGP.
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Discussions regarding fencing, storm sewers and the adequacy of the drainage system on the property
were held.
During the discussion, it was requested that the minutes of the October 5, 1993 meeting be ameuded
as it was felt they did not accurately reflect discussions at the meeting with respect to the adequacy of
the storm drain on the property.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that the report be
received and adopted and further that the minutes of the roesting of October 5, 1993 be reti~rred back to
staff for amendments. Carried Unanimously.
HR-93-22 - Chief Administrative Officer - Re: United Way Incentive Program tbr Civic Employees.
The report recommends that Council approve two one-week vacations (5 days each) to be awarded to the
winners of the City's 1993 United Way Incentive Program draws.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report
be received and adopted. Carried Unanimonsly.
F-93-41 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that tile
accoonts totalling $5,547,365.95 tbr the period ending October 11, 1993, and the accoonts totalling
$638,038,08 for the period ending October 18, 1993, be approved by the passing of the by-laws
appearing later on the agenan.
See By-law No. 93-245
See By4aw No. 93-246
RATIFICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the actions taken
on the following matters by the Finance Comorittee, earlier this evening, be approved.
I. Adoption of the minutes of the Finance Committee meeting of October 4, 1993;
2. Adoption of the minutes of the Audit Connnittee meeting of October 6, 1993;
3. Report FC-93-28 - Tax Balances at September 30, 1993 - To receive and file Report FC-93-28, Tax
Balances at September 30, 1993;
Report FC-93-14 - Service Deposits tbr Water Accounts Payable by Tenants - the amended
recommendation as approved by the Finance Committee to read: that water accounts payable by a
tenant be subject to a service deposit equal to the quarterly billing tbr flat rate accounts or, for
metered accounts, the estimated consumption for a billing period based on prior billing history, aud
that the tenant be allowed the flexibility of remitting the deposit in four equal monthly payments in
the case of flat rate accounts or in three equal monthly payments in the case of metered accounts -
Aldermen Germane and err opposed;
5. To deny the request from the Kinsmen and Kinette Clubs of Canada fbr a message of support.
Carried
L-93-43 - Chief Adminlstralive Officer - Re: Communication from the Board of Education tbr the City
of York; Petition for Stronger Crime Prevention Measures Miscellaneous; File No. 90-B3-032. Tile
report recommends the following:
1. That City Council receive and file the co~nmunication ffmn the Board of Education ti~r the City of
York;
2. That City Council pass a resolution in support of the communication from the Board of Education
tbr the City of York, except the circulation of a petition, and forward this resolution to the Board;
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3. That the City Council pass a resolution in support of the communication from the Board of Educatiou
tbr the City of York and forward this resolution to the Board;
4. ThatCityC~unci~passares~ut~ninsupp~rt~f~n~yap~rti~n~fthec~mmunicati~nfr~mtheB~ard
of Education for the City of York that it deems to be appropriate without the circulation of a petition,
and forward this resolution to the Board;
And that this report be received and filed for information purposes.
ORDERED on the motion of Alderman Shetar, seconded by Alderman Fisher, that the report be received
and filed. Carried Unanimously.
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ORDERED on the motion of Alderman Hendershot, seconded hy Alderman Cummings, that the matter
be deferred until discussions had been held with the Board. Carried U.n. animously,
CD-93-48 - Chief Administrative Officer - Re: Reduction and Refund of Taxes; Section 443 Municipal
Act; 6477 Caswell - 2725 040 013 002 00 0000. The report recommends that a refund of taxes
amounting to $182.05 for 1991 and $190.17 tbr the year 1992 be made to Mr. Salvatore Maiolo.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received
and adopted. Carried Unammously.
L-93-53 - Chief Administrative Officer - Re: Heating By-law No. 73-223; File No. 93-B3-167. The
report recommends that City Council approve of the by-law appearing on tonight's agenda, which by-law
repeals and replaces the Heating By-law No. 73-223.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the report be
received and adopted. Carried Unanimously.
L-93-55 - Chief Administrative Officer - Re: Sale of Surplus School Board Lands to the City and Resale
to the Niagara Falls Y.W.C.A. and the Stamford Kiwanis Ailanthus Avenue, Niagara Falls; File No. 90-
B3-047. The report recommends that City Council agree to an extemion of the Agreements of Purchase
and Sale between the City of Niagara Falls and the Welland County Roman Catholic Separate School
Board, the Niagara Falls Y.W.C.A. Non-Profit Housing Corporation and the Stamford Kiwanis Non-
Profit Homes Inc. for a period of time not to exceed 12 months and that the City Solicitor be authorized
to take all necessary steps to that effect.
On the motion of Alderman Susin, seconded by Alderman Orr, that Niagara Falls Y.W.C.A. and the
Stamtbrd Kiwanis Ailanthus Avenue matters in Report L-93-55 be dealt with separately. The roelieu
Carried with Alderman Germane abstaining from the vote on a conflict of interest previously noted and
with all others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the Niagara Fal Is
Y.W.C.A. matter be received and adopted. The motion Carried with Alderman Germane abstaining from
the vote on a conflict of interest previously noted; Alderman Susin voting contrary to the motion and with
all others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the matter
regarding the Stamford Kiwanis Ailanthus Avenue matter be received and adopted. The motion Carried
with Alderman Germane abstaining from the vote on a conflict of interest previously noted and with all
others voting in fayour.
Following some discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by
Alderman Fisher, that appropriate staff meet with the objector to discuss other alternatives and that a
report be brought back. The motion Carried with Alderman Germane abstaining from the vote ou a
conflict of interest previously noted and with all others voting in fayour.
CD-93-47 - Chief Administrative Officer - Re: Appointment to City of Niagara Falls Board of
Museums. The report recommends that Council appoint Mr. Ken Warren to fill the vacancy that has
occurred on the City of Niagara Falls Board of Museums and that the Appointment be confirmed by the
passage of an appropriate By-law at this meeting.
- AND -
(HANDOUT) Communication from the Willoughby Historical Society - Re: Appointment to the
Niagara Falls Board of Museums. The communication recommends the appointment of Charles Ronald
Lowe to fill the vacancy on the Niagara Falls Board of Museums.
It was noted by Alderman Hcadershot that he and Alderman Fisher would be attending a Niagara
Falls Board of Museums meeting the following day and the matter would be discussed at that meeting.
CD-93-49 - Chief Administrative Officer - Re: Reduction and Refund of Taxes; Section 443 Municipal
Act; 4412 Maplewood Avenue; 2725 050 002 075 35 0000. The report recommends that a refund of
taxes amounting to $400.52 fur 1991 and $418.34 for the year 1992 be made to Mr. Genoveffa Pugliese.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cra tot, that the report be received
aud adopted. Carried Unanimously.
CD-93-50 - Chief Administrative Officer - Re: Reduction and Refund of Taxes; Section 443 Municipal
Act; 6943 Coach Drive; 2725 070 016 087 0000. The report recommends that a refund of taxes
amounting to $473.34 for 1991 and $494.41 for the year 1992 be made to Natalie Mary Harris McLaren.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received
and adopted. Carried Unammously.
CD-93-51 - Chief Administrative Officer - Re: Reduction and Reti~nd of Taxes; Section 443 Municipal
Act; 7351 Fern Avenue - 2725 080 011 058 00 0000. The report recommends that a refund of taxes
amounting to $190.16 for 1992 be made to 800449 Ontario Ltd. (Mr. Peter Vises).
ORDERED on the motion era derman Ward, seconded by Alderman Craitor, that the report he received
and adopted. Carried Unanimously.
CD-93-52 - Chief Administrative Officer - Re: Reduction and Refund of Taxes; Section 443 Municipal
Act; 8738 Banting Avenue - 2725 120 006 166 00 0000. The report recommends that a refund of taxes
an~ounting to $114.09 tbr the year 1992 be made to Archie & Leona McPhail.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, mat the report be received
and adopted. Carried Unan~moosly.
CD-93-53 - Chief Administrative Officer - Re: Reduction and Refund of Taxes; Section 443 Municipal
Act; 13240 Willowdell Road - 2725 130 004 178 00 0000. The report recommends that a refund of taxes
amounting to $40.24 for 1991 and $43.55 for the year 1992 be made to Leslie & Victoria Morell.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received
and adopted. Carried Unanimously.
CD-93-54 - Chief Administrative Officer - Re: Reduction and Reti~nd of Taxes; Section 443 Municipal
Act; 5126 Woodside Drive - 2725 050 004 234 00 0000. The report recommends that an adjustment of
taxes amounting to $546.17 for 1991 be made to Mr. Tony Artists.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received
and adopted. Carried Unanimously.
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Orr, seconded by Alderman Puttick, that the actions taken
on the following mattet:s by the Committee of the Whole, earlier this evening, be approved.
1)
That the City file an Application to the Provincial Cabinet appealing the maximran seven (7) year
site life for the Mountain Road Landfill approved by the Joint Board and request that the maximum
Site life extension be for nine (9) years (i.e. until the end of 2002);
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2) That staff be authorized to proceed with the required land acquisition on Nichol's Lane for road
purposes;
3)
That the City Solicitor be authorized to commence legal proceedings against Sleep Cheap Inns
Canada Inc. to recover the outstanding business taxes, penalties and interest totalling $22,275.65 and
to take all necessary steps in that regard;
4) That City accept a counter offer to settle a personnel maUer;
5) That the contents of Human Resources Memorandum submitted at Committee be received and filed.
Carried Unanimonsly.
RESOLUTIONS
NO. 97 - WARD - CRAITOR - RESOLVED THAT NOTWITHSTANDING the Council meetings
presently in effect tbr the month of October, 1993; BE IT RESOLVED that the meeting scheduled for
Monday, October :25, 1993 be cancelled due to the Federal elections.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 98 - SUSIN - JANVARY - BE IT RESOLVED THAT a message of condolence be forwarded to
the family of Ed Lustig, the City's Chief Administrative Officer, on the recent loss of his father, Otto
Lustig.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 99 - CUMMINGS - HENDERSHOT - BE IT RESOLVED THAT a message of condolence be
forwarded to the family of Steve Toth, on the recent loss of his father, Steve Toth, a respected citizen
of the community.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 100 - ORR - SUSIN - BE IT RESOLVED THAT a message of condolence be forwarded to the
family of Ba[bara Macdonald, on the recent loss of her brother, Kevin Robert Hunter.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 101 - FISHER - SUSIN - BE IT RESOLVED THAT a message of condolence be forwarded to
the family of Alexander Oleksiuk, former Deputy Chief of the Chippaws Volunteer Fire Department and
well respected citizen of the community.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 102 - GERMANO - SHERAR - BE IT RESOLVED THAT Alderman Kim Craitor be appointed
Acting Mayor for the period October 19, 1993 to October 22, 1993 inclusive; during the absence of His
Worship Mayor Wayne Thomson,
AND the Seal of the Corporation be hereto affixed,
Carried Unanimously.
NO. 103 - HENDERSHOT - CUMMINGS - BE IT RESOLVED THAT Alderman Fermino Susin be
appointed Acting Mayor for the period October 23, 1993 to October 29, 1993 inclusive; during the
absence of His Worship Mayor Wayne Thomson.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cumtnings, that leave be
granted to introduce the following by-laws, and the by-laws be read a first time:
93-241 A by-law to provide for the licensing, regulating and governing of a class of lodging houses
and lodging house keepers, and for revoking any such licenee.
93-242 A by-law to require the maintenance of adequate and suitable heat t~}r a rental accommodation.
93-243 A by-law to provide t~r appointments to certain Boards, Commissions and Committees. ~
93-244 A by-law to authorize the execution of an agreement with G.M. Garden Centre & Nurseries
Inc. respecting the 1993 Tree Planting Programme.
93-245 A by-law to authorize monies t~r General Purposes (October 11, 1993).
93-246 A by-law to authorize monies ~r General Purposes (October 18, 1993).
Carried Unanimously
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the tbllowing
by-laws be now read a second and third time:
93-241 A by-law to provide tbr the licensing, regulating and governing of a class of lodging houses
and lodging house keepers, and for revoking any such lieonce.
93-242 A by-law to require the maintenance of adequate and suitable heat for a rental accommodation.
93-243 A by-law to provide ibr appointments to certain Boards, Commissions and Committees.
93-244 A by-law to authorize the execution of an agreement with G.M. Garden Centre & Nurseries
Inc. respecting the 1993 Tree Planting Programme.
93-245 A by-law to authorize monies for General Purposes (October 11, 1993).
93-246 A byqaw to authorize monies Ibr General Purposes (October 18, 1993).
Carried Unanimously
NEW BUSINESS
Alderman Fermino Susin inquired whether Alderman Norm Puttick had proof to support his
allegations regarding an illegal hookup at a certain subdivision.
Business Taxes/Realty Taxes
Alderman Norm Puttick discussed the matter of permitting municipalities to apply business taxes
to realty taxes and requested that a letter be forwarded to Premier Bob Rae regarding the matter.
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ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the matter be
referred to senior staff to contact Premier Bob Rue requesting him to allow municipalities to apply
business taxes in the same manner as realty taxes to ensure that they become secured. The motion
Carried with Alderman Susin voting contrary to the motion and with all others voting in fayour.
THIRTY-FIRST MEETING
COMMITFEE OF THE WHOLE
Committee Room #2
November 1, 1993
Public Address System
Alderman Kim Craitor referred to the recent installation of a public address system at the Stamford
and Jack Bell Arenas. He indicated the sound system would allow both arenas to broadcast
simultaneously, and that this could be a safety feature in an emergency situation.
Council met on Monday, November 1, 1993 at 6:00 p.m. in Committee of the Whole. All
members of Council were present. Alderman Sherat presided as Chairman.
Following consideration of the items presented, the Committee of the Whole arose to report in
open session.
Seating Arrangements
Alderman Margaret Germane requested clarification with respect to the recent change in seating
arrangements in Council Chambers. It was indicated that the matter would be discussed with the Chief
Administrative Officer upon his return.
Thank You
Alderman Shirley Fisher thanked City Staff members Jamie Douglas, Ken Henslip and John Morocco
for their participation in the planting of 100 trees event sponsored by the LG.A. Food Chain.
Weeds
Alderman Pat Cummings expressed concern regarding the weed situation at the corner of McRae and
Stanley Avenue, at the site of the old Shell gas station and requested that the matter be looked into.
Bnilders Liaison Committee
His Worship Mayor Thomson discussed the matter of establishing a builder's liaison committee in
tile city in order to address their concerns and problems and to stimulate building in the city. It was
noted that Aldermen Puttick, Fisher, Susin and Germane requested to sit on the committee.
*****
It was moved by Alderman Cummings, seconded by Alderman Ward, that the meeting be
adjourned. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
READ AND ADOPTED,
..........
MAYOR WAYNE THOMSO~
REGULAR COUNCIL MEETING.
Council Chambers
November 1, 1993
Council met on Monday, November 1, 1993 at 7:30 p.m. tbr the purpose of considering Regular
Council Business. All members of Council were present. His Worship Mayor Thomson presided as
Chairman. Alderman Janvary offered the Opening Prayer.
ADOFFION OF MINUTES
Alderman Susin requested that the Minutes of the Council Meeting of October 18, 1993 be
amended to indicate his concerns respecting Report MW-93-217 in that notwithstanding the fact that the
item was in the 1993 budget, he was under the impression Council had been assured that prior to
anything being done, that the item would be brought back lbr final approval but this had not occurred.
Alderman Hendershot requested that the Minutes of the Council Meeting of October 18, 1993,
under Report CD-93-47 be amended to indicate that he and Alderman Fisher would be attending the
Niagara Falls Board of Museums meeting.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the minutes of
the Planning and Regular Council meeting of October 18, 1993 be adopted as amended. Carried
Unanimously.
WELCOME
His Worship Mayor Thomson welcomed the 18th Niagara Falls Scout Troop who were in
attendance with their Troop Leaders, Jim Dalmon, Gerry Van Allen and John Matheson for their
Citizenship Badges.
His Worship Mayor Thomson welcomed the 17th Niagara Falls Scout Troop who were in
attendance with their Troop Leaders, Lyle McLeod and Rob Graham tbr their Citizenship Badges.
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DISCLOSURES OF PECUNIARY INTEREST
Aldermen Cummings and Sherat indicated a pecuniary interest on Report F-93-42, Cheque No.
90831 because the recipient is their employer.
Alderman Susin indicated a pecuniary interest on Report F-93-42, Cheque No. 90695, because
the recipient is a member of his family.
Alderman Craitor indicated a pecuniary interest on Report F-93-42, Cheque No. 90942, because
he is a volunteer member on the Board of the Occupational Help/Development Centre
Alderman Cowan indicated a pecuniary interest on Report F-93-42, Cheque No. 90900, because
the recipient is his employer.
Prior to desling with further Council matters, His Worship Mayor Thomson introduced Mr. Doug
Henning who addressed Council regarding Veda Land.
Alderman Susin declared a conflict of interest because he holds a mortgage on a property in the
area.
Mr. Doug Henning, informed members of Council that the Maharishi Veda Land theme park
was to be created in Niagara Falls and that construction was to commence June 1, 1994 with a scheduled
opening date of June 1, 1996. Mr. Henning referred to the project as being an environmentally friendly
family theme park with the possibility of 1500 full-time and 1500 part-time positions; discussed the
subsequent construction of a College of Natural Law; a Convention Centre and hotels. Mr. Henning
requested Council's support of the project and to move as quickly as possible with the planning process.
Mr. Henning responded to concerns regarding the organization's position on legalized gambling
in Niagara Fails and advised this was no longer an obstacle, and that there were no strings attached to
the project.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that staff proceed
promptly with respect to the planning process. The motion Carried with Alderman Susin abstaining froln
the vote on a conflict of interest previously recorded and with all others voting in fayour.
DEPUTATIONS
Niagara Drug Awareness Week Committee
Mr. Bill Craine, provided an update on the planned events and activities during Drug Awareness
Week; requested that the week of November 14-20, 1993 be declared "Drug Awareness Week" in
Niagara Falls and introduced their mascot, Willy the Hug Bear, whose message was to "Give Hugs, Not
Drugs". Mr. Craine invited members to attend the various activitle~s and thanked members of Council
fur their support.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the Week of
November 14-20, 1993 be declared "Drug Awareness Week". Carried Unanimously.
Social Planning Council
Leslie Warriner, Chairperson, Social Planning Council introduced William Meredith,
Prc~sident, Board of Directors, Social Planning Council who provided information regarding the
purpose and current projects of the Social Planning Council; discussed the Community Development
Process; JobsOntario Action Plan; Job Creation and New Business Activity.
Mr. Ertc Parroft provided information on the Healthy Community programs; addressed the issue
of identit~'ing the needs and the development of healthy community programs in Niagara Falls.
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Mr. John Cowan, Chairperson, Junior Social Planning Council, advised that the goal of the
Junior Social Planning Council was to improve the qnality of life for individuals between the ages of 14-
21; reviewed the three main areas of concern of Youth Emp oyment; Racism; Peer Pressure and Stress;
and discussed the Royal Commission on Education.
Mr. AI Morellato, discussed the Cmnmunity Dialogue Workshops; referred to a public discussion
tbrtnn, entitled "The Management of Change", being held at Onr Lady of the Scapular Church Hall, tm
Friday, November 12, 1993 with keynote speaker Linda NlcQuaig, a celebrated journalist and invited
men~bers of Council to attend.
Niagara Falls Arts & Culltire Cnmmissiun
Mr. David Watts, Niugara Falls Arts & Callure Comnfissinn, provided an overview of the
activities and projects of the Niagara Falls Arts and Culture Conunission which inclnded a very successlill
Promenade fur the Arts; the undertaking of an Arts and Culttire Facilities Inventory; the initiation of a
Community Calendar; acquiring two Student Members to the Commission to encourage and prmnote
involvmnent with youth io the community; the preparation of an Economic hnpact of Tourism on Arts
and Culture report; hosting of an Arts and Culture Symposiuln; creation of "Stamtbrd Collegiate Ahnnni
Aware, In Memory of Barbara Frum" and to be awarded to Olive & the late George Seibel tbr tbeh'
contribution to the arts; the undertaking of a Strategic Plan tbr the Provision of parks, Recreation, Arts,
and Culture to be completed May/June, 1994; and discussed the Arts & Culture Commission's Vision
fur the Future.
Mr. Watts thanked John MacDonald and Lanra Grahaln tbr their assistance in the various
community events.
His Worship Mayor Thomson congratulated Mr. Watts and his comn~ittee tbr their enthusiasm
and the work they do in the community.
UNFINISHED BUSINESS
Report CD-93-59 - Smoke-Free Areas Committee. The report recommends the following:
1. That Council pass the by-law attached to this report to further restrict smoking in public places;
2. That Council authorize the Chairman of the Smoke Free Area Committee, along with City staff as
need be, to attend at a Regional Council meeting and at the Council meetings of the area
municipalities in the Region, in order to make deputations on the need tbr flirther restrictions oo
smoking in public places;
3. ThatC~unci~auth~rizetheChairman~ftheSm~keFreeAreaC~mmitteet~reconvenetheC~mmittee
in August 1994 in order to review the Smoking By-law, as amended.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Germano, that the report be
received and adopted and further that the City Clerk arrange a meeting with the Region to discuss the
matter. Carried Unanimously.
See By-law No. 93-247
CD-93-60 - Chief Administrative Of~cf~r - Re: Appointment to Niagara Falls Board of Museruns.
The report recommends the following:
1. That Council make an appointment to the City of Niagara Falls Board of Museums to fill the vacancy
created by the retirement of Mark Hopkins;
2. That Council instruct staff to prepare the appropriate by-law regarding such an appointment.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that Mr. Ken Warren
be appointed to the City of Niagara Falls Board of Musanms. Carried Unanimously. ·
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COMMUNICATIONS
Communication No. 303 - The Summit Council for World Peace - Re: Women's Federation for World
Peace Day. The communication requests that November 8, 1993 be proclaimed as Women's Federation
tbr World Peace Day.
ORDERED on the motion of Alderman Ward, seconded by Alderman Shetar, that the request be
approved subject to established policy. Carried Unanimously.
Communication No. 304 - The Spiritual Assembly of the Baha'is of Niagara Falls - Re:
Proclamation. The communication requests that Council proclaim November 7 to November 13, 1993
as "Unity in Diversity Week".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the request be
supported subject to established policy. Carried Unanimously.
Cmnmunication No. 305 - Corporation of the City of Thorold - Re: Municipal Tax Abatement System.
Heritage Properties. The communication requests Council support a resolution regarding the
implementation of a municipal tax abatement system applicable to properties designated under the
Heritage Act.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the request not be
supported. The motion Carrie~j with the following vote:
AYE: Aldermen Cummings, Fisher, Germano, Orr, Sherat, Susin and Ward.
NAYE: Aldermen Cowan, Craitor, Hendershot, Janvary and Puttick.
Communication No. 306 - Niagara Falls Economic Development Agency - Re: JobsOntario
Community Economic Development. The communication provides information regarding the co-
ordination of the Jobs Ontario Community Economic Development application for Provincial funding.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
communication be received and flied. Carried Unanimously.
Cmnmunication No. 307 - Dauphin Handgun Club - Re: Firearm Use. The communication requests
Council support for lawful, responsible and safe firearm use by the Responsible recreation Firearm
Community in Canada.
ORDERED on the motion of Alderman Orr, seconded by Alderman Shetar, that the communication be
received and filed. Carried Unanimously.
Commoni~tion No. 308 - Niagara District Airport Commission - Re: Privatization Deal of Terminal
Facilities and Runway Facilities at Pearson International Airport. The communication asks Council
anpport a resolution requesting the Government of Canada review the privatization agreement of terminals
one and two and that the offending clause or clauses pertaining to Niagara District Airport be dealt with;
and that privatization of runways of Pearson International Airport be examined and removed from the
agreement if it will threaten expansion of cargo and passenger handling facilities at Niagara District
Airport.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that ~e request be
supported. Carried Unanimously.
Communication No. 309 - Regional Niagara, Office of the Clerk - Re: Bill 79, Ontario Employment
Equity Act and Draft Regulation. The communication requests Council support the Human Resources
Committee Recommendation of the Regional Municipality of Niagara's Report DHR-36-93 respecting Bill
79, Ontario Employment Equity Act and Draft Regulation.
ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the request be supported.
The ~notion Carried with Alderman Craitor voting contrary to the motion and with all others voting in
fuvour.
.REPORTS
B-93-50 - Chief Administrative Officer - Re: The Buildings & Inspections Departnmnt Report for
September, 1993. The report recommends that this report be received and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be
received and filed. Carried Unanimously.
B-93-55 - Chief Administrative Officer - Re: Connnunity Economic Development Jobs Onturio
Application; 4300 Queen Street; Provincial Court House Handicapped Access. The report
recommends that Council endorse staff's proposal to submit a Community Economic Development Jobs
Ontario Application for funding to make 4300 Queen Street handicapped accessible, and that Council
support, in principle, subject to further study and Council approval, the future use of the building fur City
purposes including Community Services.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be
received and filed. Carried Unanimously.
MW-93-219 - Chairperson, Parking & Traffic Committee - Re: Municipal Parking & Traffit.'
Committee Recommendations - Octoher 19, 1993 Meeting. The report reconm~ends the following:'
MW-93-189 - Andrca Drive/Sherri Avenoe at Ethel Street - Intersection Control - that the existing
yield signs on Andtea Drive and Sherri Avenue be removed and that the stop control be erected tbr
eastbound and westbound traffic on Ethel Street;
2. MW-93-207 - McRae Street On-Street Parking Prnhlem - that a 15-minute parking zone be
established on McRae Street in front of McRae Food Market;
MW-93-206 - Fourth Avenue at Jepson Street - Intersection Controls - that a) the existing stop
controls be maintained fur eastbound and westbound motorists travelling on Jepson Street at the
intersection of Fourth Avenue; b) that the Niagara Regional Police Force be requested to carry out
strict and frequent enforcement of the existing stop controls;
4. Dmvntown Board of Management Requests - that a) parking be free along Queen Street for the
month of December; b) that parking be free on Saturdays in the downtown area for a 90-dey trial
period.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the report be received
and adopted. Carried Unanimously.
Senior Citizens Parking
Prior to dealing with further Council matters, Alderman Puttick provided information regarding
his discussions with the Manager of the "No Frills" establishment with regard to parking facilities for
senior citizens.
The Director of Community Services responded to concerns regarding parking facilities and
advised that senior parking facilities at the No Frills establishment was not being considered as an option;
and that resolving the parking problems would be addressed at the next parking and traffic committee
· meeting.
PD-93-110 - Chief Administrative Officer - Re: Request for Removal of Part Lot Control Part Lots
337, 338, and 339 Registered Plan 44 Bellerue Street. The report recommends the tbllowing:
1. That the request from Patrick Del Duca, on behalf of the owners to remove part of Lots 337, 338 and
339, Registered Plan No. 44, from Part Lot Control be appruved;
2. That the applicant be required to pay hnpost Charges to the satisfaction of the City's Mtmicipal Works
Department;
-6-
3. That a by-law to designate the lands as being exempt from Part Lot Control be adopted at a subsequent
Council meeting;
4. That the applicant be required to give notification to the City when the deeds have been registered,
in order for the by-law to be repealed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be
received and adopted. Carried Unanimously.
PD-93-113 - Chief Administrative Officer - Re: By-law 79-200 and Proposed Amendments to
Various Sections. The report recommends to permit staff to advertise various general amendments to
governing By-law 79-200 as amended.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be
received and adopted. Carried Unanimously.
PD-93-115 - Chief Administrative Officer - Re: Ministry Approval of the City's New Official PIne.
The report recommends that this report be received and filed.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the report be
received and filed. Carried Unanimously.
R-93-40 - Chief Administrative Officer - Re: Repairs at Lions Outdoor Rink. The report
recommends that the Niagara Falls Lions Club be acknowledged, by letter, for its financial contribution
toward the compressor repairs at Lions Outdoor Rink.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the report be received
and adopted. Carried Unanimously.
R-93-41 - Chief Administrative Officer - Re: "Adopt-A-Street" Program. The report recommends
that Council approve an "Adopt-A-Street" program to be implemented by volunteer groups in the City
of Niagara Falls.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the report be
received and adopted. Carried Unanimously.
FD-93-01 - Chief Administrative Officer - Re: Purchase of three Cutaway Vans. The report
recommends that council approve the low tender price of $70,673.25 (taxes included) for three (3) 1994
cutaway vans from Hamilton Motor Products, Hamilton, Ontario.
ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that the report be received
and adopted. Carried Unanimously.
F-93-42 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the
accounts totalling $770,763.29 for the period ending October 25, 1993, and the accounts totalling
$1,543,513.30 for the period ending November 1, 1993, be approved by the passing of the by-laws
appearing later on the agenda.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the repo~t be received
and adopted. The motion Carried with Aldermen Craitor, Cowan, Cummings, Shetar, and Sosin,
abstaining from the vote on conflicts of interest previously recorded and with all others voting in favour.
See By-law No. 93-250
See By-law No. 93-251
RATIFICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the actions
taken on the following matters by the Finance Committee, earlier this evening, be approved.
1. Adoption of the Minutes of the October 18th, 1993 meeting;
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2. Report FC-93-29 - Collection Procedures - that the collection procedures tbr realty taxes as outlioed
in Report FC-93-29, be adopted; and further that a letter from the Mayor will be sent to the
delinquent taxpayer just prior to the final demand letter and bill of procedures;
3. M~MasterUniversity~t~appr~vepaymentt~McMasterUniversity~f$~75.6~brcharge~incurred
by the L. undy's Lane Historical Museum for analysis of human skeletal remains.
Carried
L-93-56 - Chief Administrative Officer - Re: The Establishment of Certain Lands as Pulfiic
Highways; File No. 91-B3-048. The report recommends that Block 217 on registered Plan 59M-129 and
lands described in Instrument No. 26187B and Firstly and Secondly in Instrument No. 40764 be
established as parts of public highways.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Germane, that the report be
received and adopted. Carried Unanimously.
,See By-law No. 93-248
CD-93-56 - Chief Administrative officer - Re: Eligibility Policy for Bingo, Break Open and M[onte
Carlo Lotteries. The report recommends that Council adopt the attached policy respectlug the eligibility
requirements of organizations requesting Bingo, Monte Carlo and Break Open Ticket lottery licenoes in
the City of Niagara Falls.
ORDERED on the motion of Alderman Headershot, seconded by Alderman Cummings, that the matter
be defurred for further discussion. Carried Unanimously.
CD-93-57 - Chief Administrative Officer - Re: By-law to alter the boundaries of the Urban Service
Area in conjunction with consent to sever application B25/93 - Joseph Ella & Pierre Ciavattone;
West Side of Garner Road South of McLeod Road. The report recommends that Council approve the
By-law appearing on this evening's agenda to alter the Boundaries of the Urban Service Area for the land
as it pertains to consent to Sever Application B25/93.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be
received and adopted. Carried Unanimously.
See By-law No. 93-249
CD-93-58 - Chief Administrative Officer - Re: Special Occasion Permit Annual Regency Hockey
Ltd. Tournament. The report recommends that Council indicate it has no objection to the issuance of
a Special Occasion Permit to the organization listed in this report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report
be received and adopted. Carried Unanimously.
RATIFICATION OF COMMITFEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the actions takeo
. on the following matters by the Committee of the Whole, esrlier this evening, be approved.
That the City Solicitor be authorized to draft and bring back to Council for its further consideration
an application to the Province for special legislation to treat business tax arrears in the same manner
as real property and that a Public Meeting be held to consider the draft special legislation prior to
the application being made to the Province;
That the City Solicitor be authorized to settle the claim that the City has against Michael Falle,
regarding an environmental spill, on the basis of accepting $1,444.20 from Mr. Falle and to take
all necessary steps in that respect.
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That the Management Board Secretariat be given a six-month extension of the current lease which
is to expire on June 30, 1994 with no early termination clause and to receive additional information
with respect to the construction specifications of the new courthouse and the subsequent negotiations
with the successful bidder.
The motion Carried with Alderman Susin voting contrary to Item No. 1 regarding business taxes and with
all others voting in fayour.
RESOLUTIONS
NO. 104 - HENDERSHOT - SHERAR - RESOLVED THAT the Council of the Corporation of the
City of Niagara Falls hereby petitions for interim payment under the Public Transportation and Highway
Improvement Act on expenditures made in the year 1993 in the amount of $4,394,238.00.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 105 - PU'!~ICK - JANVARY - WHEREAS the Government of Canada is facing very serious
financial difficulties including huge debts and deficits; AND WHEREAS ordinary Canadian citizens have
been called upon to make financial sacrifices in light of current economic problems; AND WHEREAS
the Council of the corporation of the City of Niagara Falls is of the view that sacrifices must also be
made by members of parliament including those who sat in the 34th parliament in relation to exorbitant
pensions that are now being awarded to members of Parliament who leave office; AND WHEREAS prior
to the recent election and dnring the 34th parliament, the then newly sworn in Prime Minister of Canada,
the Honourable Kim Campbell indicated that this subject would be reviewed after the election; NOW
THEREFORE BE IT RESOLVED that The Honourable Jean Chretien, Prime Minister of Canada is
hereby requested to review the pension entitlements of members of Parliament including those who sat
in the 34th Parliament with a view to reducing the same and with a view to delaying the entitlement to
payment of any pension until a member has reached the age of 65; That copies of this resolution be
forwarded to the Association of Municipalities of Ontario and the leaders of the other federal parties;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by iAlderman Sherar, that leave be grante~l
to introduce the following by-laws, and the by-laws be read a first time:
93-247 A by-law to amend By-law No. 87-143, being a by-law respecting smoking.
93-248 A by-law to establish a certain road widening and one foot reserves as public highways.
93-249 A by-law to alter the boundaries of the Urban Service Ares of the City.
93-250 A by-law to authorize monies for General Purposes (October 25, 1993).
93-251 A by-law to authorize monies for General Purposes (November 01, 1993).
The motion Carried with Aldermen Cummings and Shetar abstaining from the x, ote on By-law No. 93-251
on conflicts of interest previously noted; and with Aldermen Cowan, Craitor and Susin abstaining from
the vote on By-law No. 93-250 on conflicts of interest previously noted and with all others voting in
fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the following by-
laws be now read a second and third time:
93-247 A by-law to amend By-law No. 87-143, being a by-law respecting smoking.
...9
93-248
93-249
93-250
93-251
A by-law to establish a certain road widening and one foot reserves as public highways.
A by-law to alter the boundaries of the Urban Service Area of the City.
A by-law to authorize monies for General Purposes (October 25, 1993).
A by-law to authorize monies for General Purposes (November 01, 1993).
The motion Carried with Aldermen Cummings and Sherat abstaining from the vote on By-law No. 93-25
on conflicts of interest previously noted; and with Aldermen Cowan, Craitor and Susin abstaining fi'onr
the vote on By-law No. 93-250 on conflicts of interest previously noted and with all others voting iu
fayour.
NEW BUSINESS
Letter of Congratnlations and Letter of Thanks
Alderman Cummings requested that a letter of congratulations be forwarded to Mr. Gary Pilliterri '
on his recent win in the federal elections.
Alderman Cummings requested that a letter of thanks be t~rwarded to Mr. Rob Nicholson tbr his
service to the community.
ORDERED on the motion of Alderman Cmnmings, seconded by Alderman Fisher, that a letter of
congratulations be tbrwarded to Mr. Gary Pilliterri on his recent win in the t~eral elections.
and further, that a letter of thanks be forwarded to Mr. Rob Nicholson for his service to the community.
Carried Unanimously.
Tree Burning
Alderman Cummings referred to discussions held with the Stamford Centre Volunteer Firefighters
and the Niagara Parks Commission regarding a proposal not to have the tree burning at Fireman's Park
due to environmental concerns and that the Stamford Centre firefighters support the Niagara Parks
Commission proposal. Alderman Cummings advised that the trees would be mulebed and made available
tYee of charge in the parking lot in front of the School of Horticulture for the residents of the City.
Government Pensions
Alderman Puttick ret~rred to a letter that had been tbrwarded to the Prime Minister of Canada, Kim
Campbell, regarding government pensions being awarded to members of Parliament who leave office.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that a letter be
forwarded to the new Prime Minister, the Honourable Jean Chretien, requesting him to review the
pension entitlements of members of Parliament including those who sat in the 34th Parliament and in
delaying the entitlement &payment of any pension until a member has reached the age of 65; and further
that copies be forwarded to the Association of Municipalities of Ontario and the leaders of the other
federal parties. Carried Unanimously.
United Way
Alderman Germane provided information regarding a "Mile of Money" event being held on
Saturday, November 6, 1993 between 10 o'clock and 2 o'clock, at Niagara Square, sponsored by the
Niagara Falls Review with all the proceeds going to the United Way.
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Letter of Thanks
His Worship Mayor Thomson requested that a letter of thanks be forwarded to the Stamford Centre
Firefighters for their participation in pest Christmes tree burning events.
ORDERED on the motion of Alderman Cowan, seconded by Alderman fanvary, that a letter of
appreciation be forwarded to the Stamford Centre Volunteer Firefighters for their pest efforts and
participation in pest tree burning events. Carried Unanimously,
Planning Conference
Alderman Janvary requested that a letter of congratulations be forwarded to staff for holding a very
successful Planning Conference.
It was moved by Alderman Ward, seconded by Alderman Hendershot, that the meeting be
adjourned. Carried Unanimously.
Tourism Reorganization
Council reeonvened in Council Chambers to deal with a matter regarding Tourism Re-
Organization. All members of Council, with the exception of Alderman Puttick, were present.
His Worship Mayor Thomson provided a brief synopsis regarding the restructuring of the
Tourism Board.
The Director of Buildings, Inspections & Special Assignments provided the following names of
the representatives that had been selected to sit on the Board - Mr. Harry Oakes; Ms. Amy Bignucolo;
Mr. Robert Orsini and Mr. Ron Yorke; and Industry Sector Representatives were Mr. John Holer; Mr.
Bob SaP, s; Mr. John Hoffner; Mr. George Yerich St.; and Margaret Mingle.
His Worship Mayor Thomson requested that Council select two members of Council es appointees
to serve on the new To, urist Board
Following a vote by ballot, it was moved by Alderman Cowan, seconded by Alderman Susin,
that Alderman HenderShot and Alderman Germane be appointed as Council representatives to the new
Tourism Board and that Alderman Cummings be appointed as an alternate. Carried Unanimonsly.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
THIRTY-SECOND MEETING
COMMITFEE OF THE WHOLE
Committee Room #2
November 8, 1993
Council met on Monday, November 8, 1993 at 6:30 p.m. in Committee of the Whole. All
members of Council, with the exception of Alderman Orr, who was away due to illness; and Alderman
Ward, who was away on business, were present. Alderman Cowan presided as Chairman.
Following consideration of the items presented, the Con~mittee of the Whole arose to report in
open session.
READ AND ADOPTED,
'fiZ .......
.............. ~ ........
MAYOR WAYNE THOMSON
PLANNING MEETING
Council Chambers
November 8, 1993
Council met on Monday, November 8, 1993 at 7:30 p.m. for the purpose of considering Planning
Matters and Regular Business. All members of Council, with the exception of Alderman Off, who was
away due to illness; and Alderman Ward, who wes away on business, were present. His Worship Mayor
Thomson presided as Chairman. Alderman Susin oft~red the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Hendershot and Janvary indicated a pecuniary interest on Report F-9343, Cheque No.
91141, because the recipient is their employer.
Alderman Hendershot indicated a pecuniary interest on Report F-9343, Cheque Nos. 90993 and
91027, because a member of his family is employed by the company.
Alderman Fisher indicatexl a pecuniary interest on Report PD-93-118, Heritage Village, because
ske is the owner.
Alderman Cowan indicated a pecuniary interest on the Financial Budget Review dealing with the
Humane Society, which is his employer.
PLANNING MATTERS
PB-93-118 - Chief Administrative Officer - Re: Proposed Plan of Subdivision 26T-92010 & Zoning
Amendment Application AM-17/93, Chippawa West (Phase 1). The report recommends the following:
That the Chippawa West (Phase 1) plan of subdivision be approved conditional upon: i) development
being allowed to take place beyond the built up area of the former Village of Chippawa; ii) an
alternative street design being investigated; and iii) the conditions attached as Appendix i;
2. That Council approve the requested RIE zoning, but not support the request to have the provision
regulating building coverage increased;
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3. That the zoning by-law include an increased front yard setback and that the by-law be passed once
draft approval has heen issued for the subdivision.
- AND -
Communication No. 310 - Regional Niagara, Planning and Development Department. The
communication indicates that the plan is currently under circulation and has not yet received dra~ plan
approval and suggests delay of the by-law until the plan has been granted draft approval.
- AND -
Communication No. 311 - Regional Niagara, Servicing Review and Approvals. The communication
indicates as having no objections to the rezoning from Rural to Residential Single Family 1E Density.
- AND -
Communication No. 312 - Ministry of Natural Resources. The communication expresses concerns
regarding the protection of "Hunter's Drain" creek and its associated resources; and suggests that the
zoning by-law be revised to incorporate the recommendation in their report.
His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be
followed under the Planning Act.
The City Clerk advised that the Notices of the Public Meeting had been forwarded by mail to all
owners and persons assessed as of land within 120 meters of the subject lands on October 8, 1993.
His Worship Mayor Thomson received indication that Mr. Louie Bourdolone, Planner, was in
attendance on behalf of the applicant; and received a positive response to his request for a show of hands
by persons present who were interested in the application. He requested that all persons wishing to
receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior
to leaving the meeting,
The Director of Planning and Development referred to the subject property with the assistance
of posted sketches and reviewed the following information included in Technical Report No. PD-93-112;
Proposal; Official Plan; Secondary Plan; Subdivision Design; Preservationof Trees; Parkland; Pedestrian
Bridge; Front Yard Setback; Nature of the Zone Change; the Public Notification Process; and requested
Council's approval of the application, in principle, subject to the conditions in the Recommendation
Report.
Some discussion ensued with regard to the construction of a pedestrian bridge and the
determination of costs; the preservation of trees in the area; and the payment of appropriate development
charges. ~
The Director of Community Services indicated the purpose of the pedestrian bridge would be to
provide access across the creeklands to future parHand development; responded to concerns regarding
determining the quality of the trees in the area.
During the discussion, it was suggested that concerns regarding tre~ preservation be directed to
the Environmental Planning and Greening Committee.
His Worship Mayor Thomson received a negative response to his request for comments from
persons, other than the applicant or his agent, in support of the application, and received a negative
response from persons opposed to the application.
Mr. Louie Bourdolone, Planner, advised the applicant was in concurrence with the
recommendations in the planning report, but requested the restriction increasing the front yard setback
to 6 moires not be imposed on the main dwelling, but on garages and carports; he advised that a portion
of the subdivision was to be utilized for seniors with the addition of a front porch and requested to have
the flexibility of the 6 metre set back,
A concerned citizen residing on Lyons Creek Road, behind the proposed subdivision, enquired
whether a separation or division would be provided between the subdivision and the properties in back
of the proposed subdivision.
...3
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Mr. Bourdolone indicated that if it was appropriate, fencing could he established along the rear
of the proposed subdivision.
Since no lhrther comments were tbrthcoming, His Worship Mayor Thomson declared the Public
Meeting with regard to Report PD-93-118 closed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the report be
received and adopted. The motion Carried with Alderman Fisher abstaining from the vote on a conflict
of interest previously noted and with all others voting in fayour.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
coonnunications be received and filed. The motion _Carried, with Alderman Fisher abstaining from the
vote on a conflict of interest previously noted and with all others voting in fayour.
MISCELLANEOUS PLANNING MATTER~S
PD-93-114 - Chief Athninistrative Officer - Comments on "Restructuring Resource Managemeut in '
Ontario - A Blueprint for Success". The report recommends the tbllowing:
1. That the concept of watershed planning presented in the document "Restructuring Resources
Management in Ontario - A Blueprint tbr Success" as prepared by the Association of Conservation
Aothorities of Ontario and Niagara Peninsula Conservation Authority be supported in principle by
Council;
2. That a copy of the report be lbrwarded to the Association of Conservation Authorities of Ontario,
the Niagara Peninsula Conservation Authority, the Premier of Ontario, the Regional Municipality of
Niagara, Minister of Natural Resources and local area MPP's.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report he
received and adopted. Carried Unanimously.
PD-93-116 - Chairman, Niagara Falls Local Architectural Conservation Advisory Committee -
Action Arising from the Local ArchiteCtural Conservation Advisory Committee (LACAC). Tile
report recommends that an Inventory of Heritage Resource Properties be established, the Policy aud
Procedure Manual be updated to reflect the reorganization of LACAC in the Planning Department and
the draft budget be ret~rred to Finance Committee during budget deliberation.
ORDERED on the motion of Alderman Sherat, seconded by Alderman Germane, that the report be
received and adopted. Carried Unanimously.
PD-93-117 - Chief Administrative Officer - Re: City's New Official Plan - Accomplishments and
Future Steps. The report recommends that this report be received and tiled and that staff be directed
to develop a program to update the zoning by-law.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be
received and filed. Carried Unanimoasly,
REGULAR COUNCIL MEETING
Prior to dealing with Regular Council matters, Mark Skeffington from the Niagara Falls Review
introduced Ms. Steffani Lovte, who would be covering the City Council meetings in future. His
Worship Mayor Thomson wished Mark well in his future endearours.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cumtuings, seconded by Alderman Headershot, that the minutes
of the Regular Council meeting of Novelabet I, 1993 b~ adopted as printed, Carried Unanimously,
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COMMUNICATIONS
Communication No. 313 - Chippawa Presbyterian Church - Re: Casino Gambling. The
communication provides a petition headed by Marjorie Wincott, expressing opposition to the matter of
casino gambling in Niagara Falls.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Sherat, that the communication
be received and filed for the information of Council and further that the matter be referred to the Casino
Committee. Carried Unanimously.
Communication No. 314 - Chairman, Conventions & Conference Committee - Re: Conventimps &
Conferences Committee. The communication provides information regarding the termination of the
committee.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Germano, that the communication
be received and filed. Carried Unanimously.
Communication No. 315 - Mr. Thomas Prata, 5853 Summer Street - Re: Sidewalk Repair. The
communication requests that the matter be investigated.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
communication be received and filed for the information of Council. Carried Unanimously.
Communication No. 316 - Kathy Trip, St. Louis, Missouri - Re: Proclamation. The communication
requests Council recognize the valiant efforts of the Niagara Falls firemen who are assisting the flood
victims in the United States and to encourage all citizens to remember their neighbout in times of need;
and li~rther, that Council recognize the generosity of Northwest Airlines in providing air transportation
to these firefighters.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Headershot. that the requests
be approved. Carried Unanimonsly.
REPORTS
MW-93-220 - Chief Administrative Officer - Re: Contract 93-15 - Tender for the Supply of Services
for Snowplowing of Parking Lots. The report recommends the following:
1. That Dominion Paving Company be awarded the contract for the supply of services for snowplowing
of parking lots designated in Area 1;
2. That Ken Warden Construction be awarded the contract for tho supply of services for snowplowing
of parking lots designated in Area 2; t
3. That J & L Contracting be awarded the contract for the supply of services for snowplowing of
parking lots designated in Area 3;
4. That the by-law appearing on tonight's Council Agenda be given the necessary readings to authorize
the execution of the tender for the supply of services for snowplowing of parking lots in Area 1, Area
2 and Area 3.
ORDERED on the motion of Alderman Susin, seconded by Alderman Cummings, that the report be
received and adopted, Carried Unanimously.
See By-law No, 93-254
MW-93-224 - Chief Administrative Officer - Re: Temporary Turning Circle Andrea Drive (Westlane
Churl). The report recommends that Blocks 38, 39, 40, 41 and 42 be deeded back to Pinewood Homes
(Niagara) Ltd.
ORDERED on tho motion of Alderman Fisher, seconded by Alderman Cummings, that the report be
received and adopted. Carried Unanimously.
See By-law No. 93-256
RATIFICATION OF MUNICIPAL WORKS COMMITFEE ACT~IONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the actions taken
on the following matters by the Municipal Works Committee, earlier this evening, be approved.
1. Adoption of Minutes of the Meeting of October 18, 1993;
2. MW-93-225 - Garner Road Ditching - Contract #93-109 - that the ditch located at 6051 Garner
Road be excavated and be reviewed if Mr. & Mrs. Alee find that this is not suitable ti3r their needs.
piping can then be installed at this location with all associated costs to be paid by Mr. & Mrs. Aleo.
Opposed: Mayor Thomson.
MW-93-226 - Niagara North Board of Waste Management - Approval of 1994 Budget & Renewal
of Consultant's Contract - that the 1994 Budget tier the Niagara North Board of Waste Management
System Plan Study in the total amount of $700, 535 (City of Niagara Fails share $123,500) be
alPproved; and Renewal of the Contract with Proctor & Redfern Limited tier the 1994 Work Program
be approved;
MW-93-222 - Litter Baskets - that the intbrmation contained in Report MW-93-222 entitled "Litter
Baskets" be received for the information and that the City be authorized to pnrchase Litter Baskets
for placement at the noted Tourist and Business Areas subject to the Committee's review of types tit'
baskets;
MW-93-221 - Street Light Maintenance Contract 92-01 - Extension - that the Street Light
Maintenance Contract with Ground Aerial Maintenance Service Ltd. be extendexl to November 30,
1994 with no increase in cost to the Municipality. Opposed: Alderman Ed Sherat.
Carried
HR-93-25- Chief Administrative Officer- Re: Type 7 Supplementary Dnwnsizing Benefit Agreement
with the OMERS Board. The report recmnmends that Council enter into a Type 7 Supplementary
Downsizing Benefit Agreement with the OMERS Board,
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report
be received and adopted. Carried Unanimously,
See Resolotion No. 108
F-9343 - Chief Administrative Officer - Re: Muaicipal Accounts. The report recommends that the
accounts totalling $448,410.60 for the period ending November 8, 1993, be appmved by the passing of
the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Heedershot, seconded by Alderman Sherat, that the report be
received and adopted. The motion Carried with Aldermen Hendershot and Janvary abstaining from the
vote on conflicts of interest previously noted and with all others voting in fayour.
See By-law No. 93-257
RATIFICATION OF FINANCE COMMITFEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions taken
on the following matters by the Finance Committee, earlier this evening, be approved.
1. Adoption of the Minules of November 1~ 1993;
2. Report FC-93-31 - Tax Balances at October 31, 1993 - to receive and file Report FC-93-31, Tax
Balances at October 31, 1993;
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Budget Review - Board of Museums - that the Board of Museums' request for funding be referred
to final budgetdeliberations; N. F. Humane Society - that the Niagara Falls Humane Society's
request for funding be referred to final budget deliberations; Arts & Culture Commission - to refer
the Arts & Culture Commission's proposed 1994 budget to final budget deliberations with the
recommendation that consideration be given to funding the Niagara Falls Concert Band in the amount
of $6,000.00.
The motion Carried with Alderman Cowan abstaining from the vote on the Budget Review Item - Niagara
Falls Humane Society - on a conflict of interest previously noted and with all others voting in fayour.
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Handershot, seconded by Alderman Cowan, that the actions taken
on the following matter by the Committee of the Whole, earlier this evening, be approved.
That Council direct staff to carry out the incorporation of the Economic Development Agency within the
City administration effective February 2, 1994 subject to the following conditions:
1. That all existing staff be transferred to City Hall on a regular full time basis and in a fair and
equitable manner;
2. That all assets and liabilities of the Agency would be assumed by the City with the City negotiating
for the buy out of the lease of offlea space;
3. That an Advisory Board of Citizens will be established;
4. Rather than legally dissolving the Economic Development Agency Corporation, that the corporate
shell remain fur possible future needs.
The motion Carried with Aldermen Cummings and Sharar voting contrary to the motion and with all
others voting in fayour.
RESOLUTIONS
NO. 106 - CUMMINGS - CRAITOR - BE IT RESOLVED THAT a message of condolence be
forwarded to the family of Roger Pigeon, on the recent loss of his father, Rolaud Pigeon.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 107 - CUMMINGS - COWAN - BE IT RESOLVED THAT a message of condolence be
forwarded to the family of Leonard L Driskell, on the recent loss of his wife, RobeRa May Duncan.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 108 - CUMMINGS - HENDERSHOT - RESOLVED THAT the Council of the Corporation of
the City of Niagara Falls hereby enters into as Type 7 Supplementary Downsizing Benefit Agreement
with the Ontario Municipal Employees Retirement System Board (OMERS).
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LA',VS~
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that leave be granted
to introduce the following by-laws, and the by-laws be read a first time:
93-252
A by-lawto amend By-lawNo. 89-2000, being a by-lawto regulate parking&traffic on City
Roads.
93-253 A by~law to amend By-law No. 89-2000, being a byqaw to regulate parking & Traffic on City
Roads (Parking).
93-254
A by-law to anthorize the execution of agreements with Larosa & Carde Enterprises Ltd.,
carrying on business as Dominion Paving Company, Ken Warden Construction Ltd. and
1006174 Ontario Inc. tier snowplowing.
93-255 A by-law to amend By-law No. 91-287, being a by-law to provide for Appointments to Certain
Boards, Commissions and Committees.
93-256 A by-law to authorize the execution of a conveyance iu favour of Pinewood Homes (Niagara)
Ltd.
93-257 A by-law to authorize monies for General Purposes (November 8, 1993).
The motion Carried with Aldermen Hendersbot and Janvary abstaining from the vote on By-law 93-256
on conflicts of interest previously recorded and with all others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the following
by-laws be now read a second and third time:
93-252
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking&traffic on City
Roads.
93-253
A by-lawto amend By-lawNo. 89-2000, being a by-lawto regulate parking&Traffic onCity
Roads (Parking).
93-254
A by-law to authorize the execution of agreements with Larosa & Cartie Enterprises Ltd.,
carrying on business as Dominion Paving Company, Ken Warden Construction Ltd. and
1006174 Ontario Inc. tbr snowplowing.
93-255 A by-law to amend By-law No. 91-287, being a by-law to provide for Appointments to Certain
Boards, Commissions and Committees.
93-256 A by-law to authorize the execution of a conveyance in fayour of Pinewood Homes (Niagara)
: Ltd.
93-257 A by-law to authorize monies Ibr General Purposes (November 8, 1993).
The motion .Car.r ed with Aldermen Hendershot and Janvary abstaining from the vote on By-law 93-256
on conflicts of interest previously recorded and with all others voting in fayour.
NEW BUSINESS
Rnom Rental Fees
Alderman Hendarshot wished further information regarding the paying of room rental fees at the
arenas. The Director of Community Services indicated that due to recessionary times, all groups would
now be charged with rootn rental fees at arenas as per a previously approved policy.
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Letter of Thanks
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that a letter of
appreciation b6 forwarded to Ms. April Petfie, who has recently resigned her position on the Museum
Board, thanking her for all her past efforts and participation on the Board of Museums and on the Local
Architectural Conservation Advisory Committee (LACAC). Carried Unanimously.
OakesPark
Alderman Cummings requested further information regarding paving of the parking lot at Oakes
Park.
The Director of Community Services advised that the entrance and base work had been done last
year and the paving that was being done was part of an overlay contract in municipal works.
Smoke Free Areas
Alderman Puttick informed members of Council that he was scheduled to address Regional
Council on Thursday, December 2, 1993 with regard to the implementatioa of a Region-Wide policy on
smoking in public places.
Environmental Planning & Greening Committee Meetinl;
Alderman Janvary informed members that a meeting was scheduled on November 17, 1993 with
the Environmental Planning & Greening Committee and the Joint Advisory Council in New York.
Alderman Janvary advised that members would assemble at City Hall at 6 o'clock prior to the meeting.
Market Value A~sessment Meeting
His Worship Mayor Thomson advised members of Council that a public meeting was being held
on November 9, 1993 at 7:00 p.m. in Council Chambers to discuss market value assessment and invited
the public to participate.
Remembrance Day Service ~
His Worship Mayor Thomson provided information regarding the City's Remembrance Day
Service to be held at the Niagara Falls Memorial Arena on Thursday, November 11, 1993.
Wavne's Hotline
His Worship Mayor Thomson informed that Aldermen Bendershot, Puttick and Ward would be
taking part in the Mayor's Call-in Progranx on the Community Channel, Wednesday, November 10,
1993.
It was moved by Alderman Hendershot, seconded by Alderman Cummings, that the meeting be
adjourned. Carried Unanimously,
READ AND ADOPTED,
EC
MAYOR WAYNE THOMSON
IJ
SPECIAL MEETING
Cotmcil Chambers
November 9, 1993
Council met on Tuesday, November 9, 1993 at 7:00 p.m. to receive information
regarding Region-Wide Market Value Assessment. All members of Council, with the exceptiou
of Aldermen Cowan, Craitor, err, and Sherar, were in attendance.
In his opening remarks, His Worship Mayor Thomson stated that this special
public meeting had been called for the purpose of receiving information on region-wide market
value assessment and that everyone would be provided with an opportunity to speak on this most
important issue facing the municipality.
His Worship Mayor Thomson welcomed and introduced the tbllowing individuals
Regional Chairman, Brian E. Merrett; Mike Trojan, Director of Finance, Regional Municipality
of Niagara; Michael H. Boggs, Chief Administrative Officer, Regional Municipality of Niagara;
William Sineaton, Regional Councillor; and Terry Wilkes, Regional Assessment Commissioner,
Provincial Assessment Departmeut.
His Worship Mayor Thomson informed that in 1992 tile Provincial goverlnnent
had indicated there were ~nany inequities iu tile nmnicipalities' assessment system and suggested
that a study be carried out to determine what those inequities were aud how they could be
resolved. He further informed that the 1993 market value reassessment impact study indicated
that the City of Niagara Falls had paid approximately $4.2 million in excess per year in Regional
and Educational tax levies, being the highest in the Region and referred to the Regional Council
meeting where a vote of 16-13 against proceediog with Regional Market Valoe Assessment had
been taken.
Mayor Thomson suggested that market value assessment be achieved ell a
Provincial level and that market value assessment be made equal across the province. He
discussed the recession; tile 24% lax arrears; loss of tourism; chauges in economic conditions;
and unemployment. His Worship indicated it was time tbr further discussions at the Region and
to express tim seriousness of the problems of the municipality.
His Worship Mayor Thomson introduced Te!Ty Wilkes, tile Regiomfi
Assessment Conunissioner, who advised that the purpose of the Muoiclpal Market Value
Reassessment, was to ensure that, within property classes, properties of similar market value
would have the same assessment, regardless of where they are located in the municipality.
Mr. Wilkes discussed the amalgamation process and the previous Illill rates that
had been applied. He referred to the classifications as being either Resideutial, Multi-
Residential, Commercial, Industrial or Farm properties; development of a market value base
year of 1980; and reviewed the impact on taxes as a result of the reassessment.
Mr. Wilkes reviewed the Cnrrent Method of Apportiouing Regional aud
Education CosIs which included the development of equalization factors; the use of equalization
factors in apportionment procedures; the cost apportioned for Region and Education purposes
and the reassessment results in establishment of Regional and Educational mill rates and does
away with apporitonment procedures.
Mr. Wilkes colnmented on the Regionwide Market Value Reassesstnent
procedure and advised it was to enstire that, within property classes, properties of similar market
value have the same assessment regardless of where they are located in the Region; addressed
the issue of the itnpact on taxes as a result of tile reassessment.
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Mr. Wilkes informed the 1988 study indicated that in the shared responsibility in
Region and Education, the City of Niagara Falls was paying $4 million more in shared costs
than it should have if the reassessment had been implemented.
Regional Chairman Merrett referred to discussions with the Minister of Municipal
Affairs, Mr. David Cooke and was advised that market value assessment must be dealt with at
a Regional level.
The following persons were in attendance to express their concerns: Feliciano
Pingue, 6640 Montrose Rd; Paul Lamire, 4857 Amelia Crescent; John Grimo, 7652 Wayne St.;
Phil Tolerico; Paul Durst; David Watts, 7830 Wind field St.; and Tony Lopoyda, 6706 Randy
Drive.
Felix Pingue enquired whether market value assessment would apply on apartment
and commercial buildings.
Mr. Wilkes advised if a market value reassessment was carried out regionwide,
apartment and commercial buildings would have the same assessment across the region.
Regional Chairman Merrett commented on the present assessment appeals and
indicated staff was preparing a report dealing with matters of apportionment, assessment appeals
and taxation. He advised that the report would be provided to the Regional Finance Committee
on Novetnber 24, 1993 and then presented to Regional Council on December 2, 1993.
Michael Boggs, Chief A&ninistrative Officer, explained the report wonld
provide members of Regional Council with a summary of the situation that had unfolded since
September, 1992; discussed Regional tax losses of approximately $5 million due to assessment
appeals; advised of the Region's objective for market value assessment had been to bring equity
to the property tax system and of concerns that a lot of appeals would erode the property tax
base, which had come about.
Mr. Boggs advised the Region wants to look at alternatives available such as a
revised market value situation using 1992 values instead of 1988 values. He indicated that
Regional Council was concerned that the use of 1988 values were based on property values at
a "high market value" and that by 1992 those values may have dropped, which could have an
impact on the apportionment and the sharing of Regional costs between municipalities; and
requesting the province for a study based on 1992 values to determine the impact and whether
them was a shift since the 1988 values; discussed the issue of apportionment and the variatioas
of apportioning Regional dollars. Mr. Boggs explained the report would be presented to
Regional Council for direction in order that the Region could be in a position in 1993 to make
a decision and implement a fairer method of taxing the property rate payers in the Region.
Mr. Mike Trojan, Director of Finance, stated that the Region was looking at
Metro Toronto and the Region of Halton, who were looking at alternatives and were asking the
province to give greater latitude in the apportionment of regional costs; to address the inequities
io the sharing of Regional and Educational costs. Mr. Trojan indicated that in ternIs of
assessment losses, the two.Regions are concentrating on commercial and industrial classes of
property.
Councillor William Sineaton stated that senior staff officials and the Regional
Assessment,.-Commissioner have gone on record as stating that region-wide market value
· assessment is the most fair way to proceed.
Felix Plngue reviewed a comparison of taxes levied between municipalities;
expressed concerns regarding high taxes and investment opportunities in Niagara Falls.
Discussions were held regarding the provision of a 5th alternative which would
be dissolving Regional government; assessment appeals from commercial and industrial sectors;
assessment methods and elimination ofinequities; rescinding market value reassessment; and mill
rate variances.
Paul Lainire enquired whether legislation can be changed with respect to market
value assessnlent.
John Grimo expressed concerns regarding higher business taxes; the accuracy of
tax assessors; and requested changes in legislation.
Phil Tolerico enquired whether the municipality can opt out of Regional
government, whether that was a viable alternative.
His Worship Mayor Thomson advised that was not a viable alternative and that
the purpose of the meeting was to forinitiate a strategy and go to the Region advising them the
municipality wishes to stop paying excessive Regional and Education taxes and to be treated the
same across the Region.
Paul Durst enquired what would be tile percentage of tax reduction if market
value reassessment would be in place; requested information on the determination of an
assessment on certain properties.
Mr. Trojan informed that market value reassessment would indicate a 7%
reduction in shared costs, pertaining to the Region and Education portion.
Mr. Wilkes responded that trader the Assessment Act, there is a proviso that the
Courts in deciding the equity of assessment, must look at the assessment of similar classed
properties in the vicinity; and suggested that reassessments be done more frequently with a more
current year base.
David Watts indicated his approval of market value reassessment and indicated
that the matter was going in the right direction.
Tony Lopoyda expressed concerns regarding tax appeals and tile system and
suggested a change in legislation regarding market value assessment.
His Worship Mayor Thomson thanked everyone for attending the meeting and
encouraged members of the business community and concerned citizens to participate and make
their presentations at Regional Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Headershot, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
E.C. WAGG
CITY CLERK
WAYNE THOMSON
MAYOR
.1
THIRTY-THIRD ME~riNG
COMMITFEE OF THE WHOLE
Committee Room #2
November 15, 1993
Council met on Monday, Novemher 15, 1993 at 6:30 p.m. in Committee of tile Whole. All
members of Council, with the exception of Alderallan Colvan, were present. Alderman Jailvary
presided as Chairman.
Following consideration of the items presented, the Committce of tile Whole arose to report
open session.
READ AND ADOPTED,
REGULAR COUNCIL MEETING
Council Chambers
November 15, 1993
Council met on Monday, November 15, 1993 at 7:30 p.m. for the purpose of considering
Regular Council Business. All members of Council, with the exception of Aldermall Coxvan, were
present. His Worship Mayor Thomson presided as Chairman. Alderman Orr offered the Opening
Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherar, that the
Minutes of the Planning Meeting of November 8, 1993 and the Special Meeting of November 9,
1993, dealing with Market Value Reassessment, be adopted as printed. Carried UnanimooslV.
DISCLOSURES OF PECUNIARY INTERES~T__
Alderman Snsin indicated a pecuniary interest on Report MW-93-229, because he had
performed some work at the subdivision.
PRESENTATIONS
Achievement Award
His Worship Mayor Thomson presented a token of appreciation on behalf of the City of
Niogara Fails to Chucky Moseato, on his recent win of the Ontario Junior A Boxing Championship
title two years in a row. Mayor Thomson congratulated Chucky and wished him well in his boxing
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Stamford Collegiate Alumni Association Award in Memory of Barbara Frum
His Worship Mayor Thomson, introduced David WaUs, Chairman, Arts & Culture
Commission, who provided background information on the establishment of the Stamford Collegiate
Alumni Association Award in Memory of Barbara Frumm; discussed commissioning Conhie
Valkenburg, a local artist, who had designed and produced an appropriate token of recognition to
be awarded to individuals who have enhanced the quality of life by virtue of their outstanding
contributions to fostering and developing the arts and culture opportunities in Niagara Falls.
Mr. Watts introduced Donald Justice, a member of the Stamford Collegiate Alumni who
commented on the accomplishments and outstanding contributions of Mr. George Seibel and Mrs.
Olive Seibel to the arts and culture community and of their efforts to preserve the local heritage for
posterity. Mr. Justice stated that the Barbara Frumm award signified cultural contributions of the
highest order and indicated that Stamford Collegiate and the Arts & Culture Commission had
designated that this award be presented to Mr. and Mrs. George Selbel in recognition of their
efforts.
Mrs. Olive SHbel thanked the Arts & Culture Commission and Stamford Collegiate for the
presentation of the award.
Mavor's Charity Picnic
His Worship Mayor Thomson introduced Gino Romeo, Chairman, Mayor's Charity Picnic
Committee who thanked all the individuals that had participated in the Mayor's 2rid Annual Picnic.
Mr. Romeo stated that approximately $14,000 had been raised and Michael Romeo provided
two cheques to Mayor Thomson.
His Worship Mayor Thomson, on behalf of the Mayor's Charitable Picnic Committee,
presented a cheque in the amount of $4,500 to Roxanne Felice who accepted on behalf of Project
Share and also presented a cheque in the amount of $4,500 to Blake Robertson, who accepted on
behalf of the Heart & Stroke Foundation.
D!]I~UTATIONS
Red Ribbon Camoaign
Miss Sarah Mallott and Mr. Dave Cashmore from Westlane Secondary School provided Red
Ribbons to members of Council on behalf of Ontario Students Against Impaired Driving and
requested that Council show support of safe, sober driving by flying a Red Ribbon on their vehicles
and on City vehicles.
ORDERED on the motion of Alderman Usher, seconded by Alderman Sherar, that the Corporation
of the City of Niagara FalLs endorses the efforts of the Westlane Red Ribbon Campaign against
drunk driving by displaying red ribbons on their vehicles and on Municipal vehicles. Carried
Unanimously.
Sarah Mallot thanked members of Council for their support.
His Worship Mayor Thomson thanked the campaign representatives for their efforts and
presentation.
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The Kidney Foundation of Canada
Although representatives from the Kidney Foundation of Canada did not attend the Couucll
meeting, the correspondence provided was reviewed and Council endorsed the program.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
"Kidney Car Program" be endorsed as it will benefit the conmmnity aud at the same time precure
funds for the Foundation. Carried Unanimooslv.
Social Planning Council of Niagara Falls
Karen Stearne, Committee Chairperson, Social Planning Council provided information oo
the a fundraising auction entitled "The Festival of Trees '93" to he held on Novemher 26, 1993 ut
tile Roman Court with proceeds going to the Social Plauning Council of Niagara Falls. Mrs.
Stenruc invited members of Council to attend the upscale ChrLstmas auctiou.
COMMUNICATIONS
Communication No. 317 - Canadian Public Health Association - Re: Proclamation. The
commuuication requests Council proclaim December 1, 1993 as "World AIDS Day" in Niagara Falls.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Germano, that the request
be approved. Carried Unanimously.
Communication No. 318 - Township of Onondaga - Re: Resolution. The communication requests
Conncil endorse a resolution petitionlug the Federal Government to defer decisions regarding native
land claims and additions of non-native lands to reservations until such time as the policies of the
Federal Government relating to these issues are reviewed and the concerns of all Canadians are
addressed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
communication be received and filed. Carried Unanimoosly.
Communication No. 319 - The Corporation of the Municipality of Neebing - Re: Resolution -
Telephone Gross Receipt Tax. The communication provides information regarding petittoning the
Province to enforce or enact the necessary legislation to ensure that municipalities receive gross
receipts tax from all companies collecting telephone revenues in the Province of Ontario uud
requests Council's support of the resolution.
ORDERED on the motion of Alderman Cummings, seconded by Aldernxan Craitor, that tile
resolution be endorsed and supported. Carried Unanimously.
REPORTS
MW-93-229 - Chief Administrative Officer - Re: Request for Deferral of Cash Payments for
Belleview Estates - Plan 1, Stage 2 and Belleview Estates, Plan 2. The report recomlnends the
following:
1. That the cash payments covering the 42.3% of the Development Charges and the Cnsh-ln-Lieu
of Parkland, basic Parkland Development, and Engineering Fees be deferred for one year;
2. That an irrevocable Letter of Credit be deposited with the City in liea of the cash payments;
3. That the City cash the Letter of Credit at the end of the year;
4. That any similar requests be considered individually on their merit.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craltor, that the report
be received and adopted. The motion Carried with Alderman Susin abstaining from the vote en
a conflict of interest previously recorded and with all others voting in fayour.
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R-93-42 - Chief Administrative Officer - Re: Niagara Falls Memorial Arena Sound System Quality.
The report recommends that the following report is provided for the information of Council.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be
received and filed. Carried Unanimously.
F-93-44 - Chief Administrative Offleer - Re.: Munidpal Aesounts. The report recommends that the
accounts totalling $961,487.88 for the period ending November 15, 1993, be approved by the passing
of the by-law appearing later on the agenda.
Additional information was provided on Cheque NOS. 91210; 91244; 91250; 91290; 913051 91308;
and 91369.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be
received and adopted. Carried Unanimously.
RATIVICATION OF FINANCE COMMFITEE AUf!ONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the actions
taken on the following matters by the Finance Committee, earlier this evening, be approved.
1. Adoption of the Minutes of the November 8, 1993 Finance Committee meeting;
2. Budget Review - Niagara Promotion Association - that the Niagara Promotion Associatlon's
request for funding be referred to final budget deliberations; Festival of Lights - that the
Festival of Lights' request for funding be referred to final budget deliberations.
The motion Carried with Alderman Cummings abstained from the vote on the Niagra Promotion
Association matter on a conflict of interest and with all others voting in fayour.
Ir93.59 - Chief Adminislrative Officer - Re: Proposed Closing and Sale of City laneway Lying
Between Epworth Circle and Ryerson Creses~t; File No. 93.B4-155. The report recommends to
authorize staff to proceed with the closing and disposal of a City laneway lying between Epworth
Circle and Ryerson Crescent on Registered Plan 285.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be
received and adopted. Carried Unanimously.
Ir93.60 - Chief Administrative Offim' - Re:. Lions Club Sub-Lease; 5027 Drummond Road, Niagara
Falls; File No. 90-C4-092. The report recommends to authorize the execution of the sub-lease
between Lions Club of Niagara Falls, (Ontario) Canada, The Regional Municipality of Niagara and
The Corporation of the City of Niagara Falls for the premises kno,.vn as Dr. Fingland Day Care
Centre.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the report
be received and adopted. Carried Unanimously.
RATIFICATION OF COMMrlT~E OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Fisher, seconded by Alderman Shm:ar, that the actions
taken on the following matters by the Committee of the Whole, earlier this.evening, be approved.
That the Solicitor be authorized to defend agains! an application for Judicial Review of the City's
Adult Entertainmere Parlour By-law.
The motion Carried with Aldermen Headershot and Orr voting e_.ontrary to the motion and with all
others voting in fayour.
Report MW-93.223 - That the contract position of Infrastructure Needs Program Supervisor iu the
Municipal Works Department be extended for one year; and further that the matter of continuing
employment of the subsidized employees be looked at.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the relmrt be
received and adopted. Carried Unanimously.
RF~SOLUFIONS
NO. 109 - HENDERSHOT - SHERAR - RESOLVED THAT a letter of congratulations he
forwarded to Mrs. Laura Carroll, secretary in the Mayor's Office, and her husband Michael, on
the recent birth of their daughter.
AND the Seal of the Corporation be hereto affixed.
Carried Unan muusly.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that leave
be granted to introduce the foilroving by-laws, and the by-laws be read a first time:
93-258 A by-la~v to authorize the execution of an agreement with TransCanada Pipelines Limited.
93-259 A by-law to authorize the execution of a sublease with the Lions Club of Niagara Falls
(Ontario), Canada and The Regional Municipality of Niagara.
93-260 A by-law to amend By-law No. 79-200, as amended (AM-14/93, Patrick Kelly, Jr.).
93-261 A by-law to authorize monies for General Purposes (November 15, 1993).
The motion Carried with Alderman Susin opposed to By-law No. 93-258 and with all others voting
in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Heudershot, that the
following by-laws be now read a second and third time:
93-258 A by-law to authorize the execution of an agreement ~vith TransCanada Pipelin~s Limited.
93-259 A by-law to authorize the execution of a sublease with the Lions Club of Niagara Falls
(Ontario), Canada and The Regional Municipality of Niagara.
93-260 A by-law to amend By-law No. 79-200, as amended (AM-14/93, Patrick Kelly, Jr.).
93-261 A by-law to authorize monies for General Purposes (November 15, 1993).
The motion Carried with Alderman Susln opposed to By-law No. 93-258 and with all others voting
in fayour.
NEW BUSINESS
Corporation of the City of Niagara Fails' 90th Anniversary
Alderman Ed Sherar advised that the Corporation of the City of Niagara Falls ~vould be
having its 90th Anniversary in 1994 and suggested that the matter be referred to the Civic
Committee to discuss possible celebration activities.
ORDERED on lhe motion of Alderman Sherat, seconded by Alderman Fisher, that the matter be
referred to the Civic Committee for possible celebration activities, C~rrled UnanimOuSly,
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-7-
Ceilin~ Material Damage
Alderman Fermino Susin expressed concerns regarding the condition of the ceiling material
and of the heating equipment used at the Niagara Falls Memorial Arena. He requested that the
matter be investigated and that a report be brought back regarding the matter.
ORDERED on the motion of Alderman Snsin, seconded by Alderman Orr, that the matter be
investigated and that a report be brought back regarding the matter. Carried Unanimously.
Rernembrnnea Day Setvlces
Alderman Kim Craitor referred to the Remembrance Day Services held at the Niagara Falls
Memorial Arena on November 11, 1993 and expressed concerns regarding the sound system because
citizens that were situated in the back of the arena had difficulty hearing the ceremonies.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the matter
of the sound system be looked into and whether the system could be hooked into the present Aceua
system.
United Way
Alderman Pat Cummings referred to the successful United Way campaign wbich came just
$8,000 short of the target goal; he commented on the excellent job that had been done in spite of
the current economic conditions and requested that the United Way staff be recognized for their
efforts.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Heudershot, that a letter
of congratulations be forwarded to all the United Way staff and individuals that were involved
the United Way campaign. Carried Unanimously.
Santa Claus Paraqe
Alderman Pat Cummings was provided information to his request regarding the status of
the Santa Clans Parade.
The City Clerk remarked that he had spoken to Mr. Darren Wood regarding the holding
of a Santa Clans parade and had recommended that he contact the Manager of Parking & Traffic
and go through the proper approval channels regarding the matter.
Alderman Gary Hendershot informed that at its Februar?y, 1993 meeting, Council h~td
advised that matters regarding the Santa Clans Parade be directed to the Civic Committee; he stated
letters had been forwarded to all civic organizations requesting their input regarding a Santa Clans
Parade, and that none had been received. He informed that the criteria of the Civic Committee was
that anyone wishing to put on a Santa Clans Parade could do so providing they had the sponsorship
and that the planning was in place.
Following further discussion, it was ORDERED on the motion of Alderman Cummings,
seconded by Alderman Fisher, that the holding of a Santa Claus Parade not be authorized this year,
and further that any organization wishing to sponsor or organize such an event in the City si~ould
go through the proper approval channels. Carried Unanimously.
Tree Lighting C~remony
Alderman Gary Hendershot referred to the 2nd Annual Tree Lighting Ceremony to be held
-on Sunday, November 21, 1993 at Ccoteanial Square, City Hall. He advised that Tim Horton's
would be sponsoring the event, along with the Labour Council, Acres and the Niagara Falls Review.
Alderman Hendershot stated that any donations would go to Project Share; and advised that the
City's two adopted schools, St. Michaels and Stamford Collegiate would be participating in the
ceremonies.
Correspondence from Margaret Harrin~ton
ORDERED on the motion of Alderman Cummings, seconded by Aldersnan Janvary, that
correspondence received from Margaret Harrington regarding the follow up to the meeting of
November 12, 1993 be received and filed. Carried Unanimously.
ConFatulations
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummiogs, thor
a letter of eangratulations be forwarded to Mrs. Laura Carroll, secretary in the Mayor's office, and
her husband Michael, on the recent birth of their daughter. Carried Unanimously.
See Resolution No. 109
ORDERED on the motion of Alderman Putlick, seconded by Alderman Fisher, that the meeting -be
adjourned. Carried Unonlmoosly.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
THIRTY-FOURTH MEETINC
COMMITTEE OF THE WHOLE_
Committee Room #2
November 22, 1993
Council met on Monday, November 22, 1993 at 7:00 p.m. in Committee of the Whole. All
members of Council, with the exception of Alderman Cmnmings, who was away nn vacation; and
Alderman Craitor, who was away at a convention, were present. Alderman Susin presided as
Chairman.
Following consideration of the items presented, the Committee of the Whole did not arise
to report in open session.
READ AND ADOPTED,
.. .................
MAYOR WAYNE THOMSON
RF-GULAR COUNCIL MEEFING.
Council Chambers
November 22, 1993
Council met on Monday, November 22, 1993 at 7:30 p.m. for the purpose of considering
Regular Council Business. All members of Council, with the exception of Alderman Cummings,
who was away on vacation; and Alderman Craitor, who was away at a convention, were present.
His Worship Mayor Thomson presided as Chairman. Alderman Puttick offered the Opening
Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Ward, seconded by Alderman Sherar, that the
Minutes of the Regular Meeting of November 15, 1993 be adopted as printed. .Carried.
Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Susin indicated a pecuniary interest on By-law No. 93-262, because he owus
cemetery plots.
Alderman Cowan indicated a pecuniary interest on Report No. F-93..45, Cheque No. 91540,
because the recipient is his employer.
PRESENTATIONS
Greater Niagara General Hospital Caisean Campaign
His Worship Mayor Thomson indicated Washington Mills Limited and Washington Mills
Electro Minerals employees had joinlly pledged to raise $25,000 over a 5-year period for the
Catscan Campaign by holding in-company draws, lunchtime barbecues, dances and a public
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auction; he advised that a total amount of $21,000 had been donated over a two year period; and
introduced Joantie Blackbuni and Priscilla Maraz=o, Washinput. on Mills Companies, who presented
a cheque in the amount of $11,427.50 to Jeff Mor~an~ who accepted on behalf of the GNGH
Catscan Campaign Committee.
Mayor Thomson advised the new scanner would be in operation sometime in February, and
that the hospital would be hosting a Public Open House to view the new scanner.
Aebievemmt Award
His Worship Mayor Thomson congratulated and presented tokens of appreciation on behalf
of the City of Niagara Falls, to Natalie Hall, who had won the Juvenile World Championship iu
ltighland Dancing at the Juvenile World Championships at Dunpun, Scotland. Mayor Thomson
advised that Natalie had also won several new titles including the World Pipe Band Dance
Championship; Isle of Bute Championship; Scottish Championship; first runner-up for
Commonwealth Championship; and the Best Overseas Dancer Award.
His Worship wished Natalie well in all her future endeavours.
COMMUNICATIONS
Communication No. 320 - Dr. John N. Jackson, Brock University (Applied Geography) Re:
Parkway along the Welland Canal. The communication provides information regarding the
development of a Welland Canals Parkway.
ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that the developmeut
be supported as being a Regionally significant tourist initiative. Carried Unanimously.
Communication No. 321a) - Mr. Terry Willlick, Honeymoon City Towing - Re: Santa Claus parade.
The communication provides comments with regard to the Santa Clans Parade; - AND -
Communication No. 321b) - Mr. Darren Wood, 6902 Waters Avenue. The communication provides
comments regarding the holding of the Santa Claus Parade.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the
communications be received and filed. Carried Unanimously.
?
Communication No. 322 - Petition - Headed by Leona Bateman - Re: Cleaning of the Tee Creek
Municipal Drain. The petition expresses opposition to the assessments for the cleaning of the Tee
Creek Municipal Drain.
ORDERED on the motion of Alderman Susin, seconded by Alderman Cowan, that the petitioners
be notified of the appeal process and that staff investigate other alternatives and to address the
nssessment. Carried Unanimously,
Communication No. 323 - Federation of Canadian Mtmidimlifies - Re: FCM Survey-of
lufrastructure projects/Programs. The communication requests that information be provided with
regard to the municlpality's projects and programs and that the information be forwarded to FCM.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that tile
coammnication be r~eived and filed. Carried Unanimously.
Communication No. 324 - Lon Rober~son, Chippan Flood Relld Committee - Re: Basement
Flooding. The communication expresses concerns regarding basement flooding in the Chippa~va
area and proposed developments which could result in further strains on the sewer system.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Germano, that the
communication be received and filed. Curried Unanimously.
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Communication No. 325 - Dante Marinelit, Solicitor Bredflick, Marinelit, Amadio, Sullivan &
Rose - Re: Victoria Avenue JobsOntarlo applica'tion. The communication reque.sts that
consideration be given to streetscoping and lighting improvements from Victoria and Ferry area tn
the intersection of Stanley and Ferry up to Robinson Street, s~milar to the JobsOntario applicatloo
for the Victoria Avenue Streetscape project.
ORDERED on the motion of Alderman Orr, seconded hy Alderman Fisher, that the communication
be received and filed and that the extent of the present application be reconfirmed. Carried
Unanimously. _
RE!~:)RT~'~
11-93-56 - Chief Administrative Officer - Re: The Buildings & Inspecttorts Department. Report fur
October, 1993. The report recommends that this report be received and filed.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot,
be received and filed. Carried Unanimously. ' that the report
B-93-57 - Chid Administrative Officer - Re: Site Plan Approval; Proposed Addition to Farr
Lumber, 4425 First Avenue; Site Plan Control - SPC-93-10. The report recommends that Cuonci[
approve the above subject Site Plan for the proposed addition to Farr Lumber pursuant to Section
41 of the Planning Act, comprising of the Site Plan heing drawing No. A1, site servicing aad
grading plan being drawing No. 93-19-01 and the electrical site plan being drawing No. El.
ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that the report he
received and adopted. Carried Unanimously.
B-93-58 - Chief Administrative Officer - Re: Site Plan Approval; Proposed Commercial Plaza; 7611
Lundy's law~e at Montrose Road; Site Plan Control - SPC-93-11. The report recommends th:~t
Council approve the above subject Site Plan fur a proposed Commercial Plaza pursuant to Sectioo
41 of the Planning Act, comprising of the Site Plan being drawing No. RBAIA and the landscape
plan being drawing No. RBAIL.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report
be received and adopted. Carried Unanimously.
F-93-45 - Chid Administrative Officer - Re: Municipal Accounts. The report recommends that the
accounts totalling $915,806.24 for the period ending November 22, 1993, be approved by the passing
of the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the report he
received and adopted. The motion Carried with Alderman Cowan abstaining from the vote on a
conflict of interest previously recorded and with all others voting in fayour.
See By-law No. 93-267
RATIFICATION OF FINANCE COMMITrEE ACTIONS
ORDERED on the motiou of Alderman Janvary, seconded by Alderman Sherar, that the actious
taken on the following matters by the Finance Committee, earlier this evenlug, be approved.
1. Adoption of the Minutes of the November 15, 1993 Finance Committee meeting;
Report R-93-44 - 1994 Cemetery Charges - that a 3% increase in Cemetery Charges be
implemented January 1, 1994; Alderman Susin indicated a pecuniary interest because he owas
cometory plots;
Niagara Falls Public Library - that the request for funding from the Niagara Falls Public
Library be referred to final budget deliberations. In 1994 the debenlure debt for the
construction of the Victoria Avenue Library will be paid off In full which constltalres a
decrease in principal and interest payments of 1994 of $69,863 from 1993. it was
recommended that if the City of Niagara Falls Is able to avchleve a zero budget following
deliberations, consideration be given to setllng aside this amount for the purpose of the
Library automation.
Niagara Transit - that the request for funding from Niagara Transit be referred to final
budget deliberations - Alderman Orr indicated a pecuniary interest on the Niagara Transit
matter because the agency she is employed by receives subsidized transit fares.
5. Niagara Chair-A-Van - that the request for funding from Niagara Chair-A-Van be referred
to final budget deliberations.
The motion Carried with Alderman Susin abstained from the vote on a pecuniary interest previously
uoted on Report R-93-44 and Alderman Orr abstaining from the vote on a pecuniary interest
previously noted on the Niagara Transit matter and with all others voting in fayour.
RATIFICATION OF MUNICIPAL WORKS COMMnTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Germand, that the
uctious taken on the following matters by the Municipal Works Committee, earlier this evening, be
approved.
1. Adoption of the Minutes of the November 18, 1993 meeting;
2. Garner Road Ditching - that the matter be received and filed for information;
Report MW-93-234 - Development in Chippan - that the concept of permitting development
to proceed in Chippawa's Future Development Area be approved subject to an upset limit of
two hundred and fifty units; that staff be directed to continue the Infrastructure Needs Study
Remedial Measures Program; that the sewer system continue to be monitored and that further
approvals be dependent on further flow reductions; and that a Public Meeting be held with
Chippawa area residents for their input on this matter before any final decision by Council -
Alderman Shirley Fisher declared a conflict of interest;
4. Report MW-93--231 - City Hall Print Shop Operation - that the City's printing requirements
continue to be met through In-House Print Shop Operation - Alderman Judy Orr opposed;
Report M',V-93-232 - Quotation P)2-93 - Engineering Drawing Copier - that the quotatlou
submitted by ABSO Blue Prints Limited, Toronto, Ontario for the purchase of an Engineering
Drawing Copier, OCE 7100 PPC at a cost of $17,825 including all taxes and trade-allowance,
be approved - Alderman Judy Orr opposed;
Report MW-93-235 - Whirlpool Corridor - Severance of C.N.R,. Property for Niagara Falls
Bridge Commission - that the Niagara Falls Bridge Commission be advised that the City does
not object to the proposed severance of C.N.R. properties as indicated in Alternative #1,
subject to provision of a one-foot reserve at the southerly limit of the Hellport - Alderman
Bruce Ward declared a conflict of interest;
Report FC..93-32 - l-~ndfill Site Collection Procedure - that the Finance Committee review and
adopt the outlined Credit and Collection Procedures for the Landfill Site Tipping Fees, noted
in Report FC-93-32;
Regional Road yethal Update - that the verbal report on the Transfer of Road Jurisdictions
to be tabled at the Regional Public Works Committee on Tuesday, November 23, 1993 be
received and filed for information.
The motion Carried with Alderman Fisher declaring a conflict of interest on Report MW-93-234;
Alderman Orr voting contrary to Report MW-93-231 and Report MW-93-232; and Alderman Ward
declaring a conflict of interest on Report MW-93-235 and with all others voting in layout.
CD-93-62 - Chief Administrative Oflk~ - Re,: iksigna~on of ~ Route Stamford Collegiate. The
report recommends that Council pass the By-law appearing later on this evertlng's agenda.
ORDERED on the motion of Alderman Ward, seconded by Alderman :$nsln, that the report be
reeeived and adopted. Carried Unanimously.
See By-law No. 93-263
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RESOLUTIONS
NO. 110 - COWAN - ORR - WHEREAS the Honourable Ed Philip Minister of Municipal Affairs
has recently announced on behalf of the Government nf the Province of Ontario that the plan
approved by the Municipality of Metropolitan Toronto to remove inequities in their property
assessments would not be approved and that no further changes to their system would take place
until after the Fair Tax Commission had concluded its hearings and reports; aud
WHEREAS it has been determined that the City of Niagara Falls and the Town of Niagara-on-the-
Lake are the victims of severe inequities in the system of assessment within the Regional
Municipality of Niagara in relation to their contribution to the cost of regional governmeut and
public educatlan; and
WHEREAS based upon 1988 values these iaequities cost Niagara Falls taxpayers in excess of $4
million annually and have contributed greatly to the economic recession within the City of Niagara
Falls and attendant nationally high rates of unemployment and welfare and tile rapid depletion of
its' tax base through the exodus of industry; and
WHEREAS the Government of the Province of Ontario is the creator and principal of Regional
government in the Province and has a mural and legal obligation to ensure that inequilies in the
local tax systems are not perpetuated; and
WHEREAS the City is presently working with the Tmvn of Niagara-on-the-Lake and other area
inunicipalities within the Region to reform the current inequitable and unfair assessment regime in
Niagara by implementing a market-based region-wide system; and
WHEREAS in the event the City is successful in having its' proposal adopted by the Regional
Council it would not want the province of Ontario to refuse to allow the change to be put into place,
morenver, in the event that its' proposal was not approval by Regional Council it would expect the
Province to intervene to put into place immediately an equitable and fair system of assessment
within Niagara Region;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of
Niagara Falls demands that the Government of the Province of Ontario not prevent the City and
other municipalities withiu the Niagara Region from reforming the present inequitable and unfair
system of property assessment within the Region and that it intervene on behalf of the City and the
Town of Niagara-on-the-Lake in this issue immediately and not defer the issue to the Fair Tax
Commission for resolution;
That copies of this resolution be forwarded to the Honoorable Bob Roe, the Hondofable Ed Philip,
the City's local MPPs, Margaret Harrlngtoo and Shirley Coppen as well as the Regioual Chairman
aud Mayors of all of the area Municipalities within the Region.
AND the Seal of the Corporation be hereto affixed.
.Carried UnanimonslV.
NO. 111 - IIENDERSHOT - ORR - WHEREAS Regional By-law No. 7275-93 exempted businesses
in the City of Niagara Falls from the Retail Business Holiday Act for Victoria Day, Canada Day and
Labour Day and purports to include the hours of operatinn from 10:00 a.m. to 6:00 p.m. local lime;
AND WHEREAS Council is of the opinion that these hours would severely impede businesses in the
City of Niagara Fails; NOW THEREFORE BE IT RESOLVED lhat the Regional Municipality of
Niagara is hereby requested to amend By-law No. 7275-93 by the deletion of the hours of operation;
AND THAT the same deletion be considered for By-law Nas. 7276-93 through 7288-93 both
inclusive;
AND the Seal of the Corporation be hereto affixed.
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BY-LAWS
ORDERED on the motion of Alderman Shecar, seconded by Alderman Hendershot, that leave be
granted to introduce the following by-laws, and the by-laws be read a first time:
93-262
A by-law to amend By-law No. 87-87, as amended, being a by-laxv regarding
cemeteries.
93-263
A by-law to amend By-law No. 80-114, as amended, being a by-law to designate private
roadways as fire routes along which no parking of vehicles shall be permitted.
93-264
A by-law to amend Schedule 22 of By-law No. 76-102, as amended, being a Schedule
respecting the issuances of licences for refreshment vehicles.
93-265
A by-law to authorize the execution of an agreement with Peter M. Aleo and Angle
A!eo.
93-266
A by-law to authorize the execution of an amending agreement with The Corporation
of the Town of Grimshy and others to establish a joint recycling management board
known as the "Niagara Municipal Recycling Board".
93-267 A by-law to authorize monies for General Purposes (November 22, 2993).
The motion Carried with Alderman Susin abstaining from the vote on By-law No. 93-262 on a
conflict of interest previously recorded and voting contrary to By-law No. 93-266; Alderman Cowan
abstained from the vote on By-law 93-267 on a conflict of interest previously recorded and with all
others voting in fayour.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
l~llowing by-laws be now read a second and third time:
93-262
A by-law to amend By-law No. 87.-87, as amended, being a by-law regarding
cemeteries.
93-263
A by-law to amend By-law No. 80-114, as amended, being a by-law to designate private
roadways as fire routes along which no parking of vehicles shall be permitted.
93-264
A by-law to amend Schedule 22 of By-law No. 76-102, as amended, being a Schedule
respecting the issuances of !icences for refreshment vehicles.
93-265
A by-laW to authorize the execution of an agreement with Peter M. Alco and Angie
93-266
A by-law to authorize the execution of an amending agreement with The Corporation
of the Town of Grlmsby and others to establish a joint recycling management board
known as the "Niagara Municipal Recycling Board".
93-267 A by-law to authorize monies for General Purposes (November 22, 2993).
The motion Carried with Alderman Susln abstaining from the vote on By-law No. 93-262 on a
conflict of interest previously recorded and voting contrary to By-law No. 93-266; Alderman Cowan
abstaining from the vote on By-law 93-267 on a conflict of interest previously recorded and with all
others voting in fayour.
NEW BUSINESS
Hours of
His Worship Mayor Thomson discussed the Regional by-law which refers to specific hours of
operation for busin~ses in Niagara Falls, and indicated the hours ~uld severely impede businesses
in Niagara Falls.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Orr, that the Reglonul
Municipality of Niagara be requested to delete the hours of operation from Regional by-law No.
7275-93. Carried Unanlmouslv.
See Resolution No. ! 11
Killer Cards Petition
Alderman Margaret Germann referred to a petition submitted by Lyla Kendall on behalf of
"Camidians Taking Action Against Violence" which objects to the sale of Killer, Serial Killer or
Mass Murderer Trading Cards in Canada. The City Clerk provided the petition to the members
of Council for their signature.
Senior Citiz~ens Parking
Alderman Margaret Germann requested an update regarding the Senior Citizens Parking
matter. Alderman Bruce Ward, Chairman Parking & Traffic Committee, advised that a meeting
was scheduled with the Manager, Parking & Traffic, the Director of Comn~unity Service, and
others to discuss alternatives to the parking matter.
Rabies Outbreak
Alderman Shirley fisher referred to the recent rabies outbreak at a local petting zoo and
requested that staff provide a report with respect to who has jurisdiction over petting farms.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Ward, that the matter be
referred to staff respecting jurisdiction over petting zoos and petting farms. Carried Unanimously.
Leaf Collections
Alderman Ed Shetar requested information regarding the City's teaf collection equipment and
was advised the City was in the process of obtaining two ne~v leaf collection machines.
ORDERED on the motion of Alderman Puttick, seconded hy Alderman Ward, that tim meeting be
adjourned. Carried Unanimously.
READ AND ADOPTED,
E. C. WAGG, CITY CLERK
MAYOR WAYNE THOMSON
REGULAR COUNCIL MEETING.
Council Chambers
November 29, 1993
Council met on Monday, November 29, 1993 at 7:30 p.m. for the purpose of cousidering
Regular Council Business. All members of Council, with the exception of Aldermen Cununings,
and Shetar, who were away on vacation; and Alderman Craitor who was away on business, were
present. His Worship Mayor Thomson presided as Chairman. Alderman Germann offered the
Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
Minutes of the Regular Meeting of November 22, 1993 be adopted as printed. Carried
Unanimouslv.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Orr indicated a pecuniary interest on Report F-93-46, Cheque No. 91663, becaase
a member of her family was the recipient.
WELCOME
251h and 271h Niagara Scant Troop
His Worship Mayor Thontson welcomed the members of the 251h and the 271h Niagara
Scout Troop, working for their Citizenship Badges and accompanied by their Troop Leaders,
Michael Gettier and Alexis Crain.
DEPUTATION
Festival of H~hts
Mr. Dave Gilllos was unable to attend the Council meeting and Alderman Hendershot and
His Worship Mayor Thomson provided information on the Festival of Lights Holiday Gala eveut
to be held on December 3, 1993 at the Americana Resort & Conference Centre with the proceeds
going to the Winter Festival of Lights.
COMMUNICATIONS
Connuunica~on No. 326 - Niagara North Board of Waste Management - Re: Responsibility for
Waste Managemint in the Niagara Region. The communication advises of a motion made by the
Niagara North Board of Waste Management "that a decisinn regarding the transfer of waste
management powers to the Region of Niagara is required by January 10, 1994, in order to avoid
costly delays in establishiug a new landfill site for St. Catharines, Niagara Falls, Thorold and
Niagara-on-the-Lake".
ORDERED on the motion of Alderman Hendershot~ seconded by Alderman Cowan~ that the am/ion
be supported. Carried Unanimously.
Communiui~on No. 327 - Niagara Falls Art Gallery - Re: Appolntanent to Board of Directors. Time
communication requests Council appoint a Council representative to the Niagara Falls Art Gallery
Board of Directors.
ORDERED on the mollon or Alderman Germann, seconded by Alderman Ward, that Alderman
Gary Headershot be appointed In the Niagara Falls Art Gallery Board of Directors..Carried
Ummimously.
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~RTS
MW-93-236 - Chairperson, Parking & Traffic Committee - Re.: Municipal Parking & Traffic
Committee Recommendations - November 16, 1993. The report recommends the following:
1) M'vY-9~227 - Cm'win Avenue/Stakes Street Review of On-Street Parking - that Niagara Transit
be requested to consider eliminating or rexouting the Carwin Avenue/Stokes Street bus route;
2) MW-93-230 - Crossing Guard Review, MartS.on Street at Dnmunond Road - that 1) a School
Crossing Guard be provided at the intersection of Morrison Street and Drummond Road; that 2)
the existing School Crossing Guard at the intersection of Drummond road and Fingland Street he
reviewed to determine if it is still warranted; and that 3) the Regional Municipality of Niagara be
requested to review the current signal timing and the need for pedestrian signal heads;
3) Municipal Parking Lot #17 - Stanley Avenue - Lease Renewal - that the City request the Region
to lease the land to the City for one (1) dollar for the period from July 1, 1993 to June 30, 1994 and
that the lease agreement be reviewed again next year;
4) Thorold Stone Road at Janus Avenue Safety Concerns - that 1) the hedge located on the north
side just east of the intersection be removed; that 2) the School Crossing Guards place traffic cones
at the centre/lane line terminus points along the crosswalk lines; that 3) the Region of Niagara be
requited to request the Niagara Regional Police to provide frequent enforcement of violators
disoheying the School Crossing Guards authority to stop vehicular traffic; and 4) that staff
investigate the removal of trees located on the southwest corner that obstruct the view of vehicles
attempting to exit St. James Avenue from the south;
5) !landlcapped Parking Signs - Queen Street - that Handicapped Parking Stall (Restriction) located
on the south side of Queen Street (in front of the old Gold's variety store) between Erie Avenue and
Ontario Avenue be removed;
6) Approval of Traffic By-laws - that City Council ask the Regional Council to make applicotiou
to the Province of Ontario to amend the Regional Municipality of Niagara Act to permit the Region
to pass a by-law eliminating the need for the City of Niagara Falls to have the approval of Regioual
Council for Traffic by-laws to come into effect; and that City Council request the assistance from
MPP's Margaret Harrington and Shirley Coppen.
Discussions took place regarding the deferral of the Handicapped Parking Signs on Queen
Street matter until Alderman Cumming's return. Alderman Ward informed that due to the
hoarding in front of the construction site on Queen Street, that the ~elected parking spot was
considered to be unsafe for handicapped parking and advised that the Committee would be looking
at designating an alternate spot for handicapped parking in the general vicinity.
ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the report be
received and adopted. Carried Unanimooslv.
MW-93-237 - Chief Adminislrative Officer - Re: Consultant Selection; Oakes Drive Retaining Wall.
The communication recommends that the City retain the Firm of Philips Planning & Engineering
to undertake the design of a retaining wall along Oakes Drive at a cost of $6,580.50 including
G.S.T., and that the by-law appearing on tonight's agenda be approved.
ORDERED on the motion of Alderman Susin, seconded by Alderman Germano, that the report be
received and adopted. Carried Unanimously.
See By-I~w No. 93-271
MW-9~-2M - Chief Administrative Offins- - Re: Sanitary Sewer, Pumping Station and Forcemaln
Installation on Oakwood Drive. The report recommends that the unit prices submitted by the low
tendeter, V. Gibbons Contracting Ltd. be accepted and the by-law be passed.
ORDERED on the motion of Alderman Headershot, seconded by Alderman Susln, that the report
be received and adopted. Carried Unanimously.
See By-law No. 93-270
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P1)-93-122 - Chief Administrative Officer - Re: Request for Extestsion to Draft Plan Apprnval;
Grand-View River Estates; 26T-89022. The report recommends the folhnving:
1. That a Council resolution supporting a one-year extension to the Graod-View River Estate draft
plan of Subdivision be adopted and forwarded to the Regloual Municipality of Niagara, cmlditiooal
opon the applicant maintaining the appropriate subdivision sigo ~vhich complit.~s with Municipal nod
Regional requirements;
2. That a copy of this report and Council's decision be forwarded to the Regional Muoicipality of
Niagara.
ORDERED on the motion of Alderman Orr, seconded by Aldermarx Janvary, that the report he
received and adopted. Carried Unanimously.
See Rt~ulutiou No. 11~
PD-93-125 - Chief Administrotive Officer - Re: Propcsed Official P'lan; Town of Niagara-on-the-
Lake. The report recommends that the City advise the Town of Niagara-m~-thc-Lake that it has
no objections to the Town's proposed Official Plan.
His Worship Mayor Thomson declared a conflict of interest liecause lie owns properly iu tile
area and relinquished the Chair.
Alderman Bruce Ward assumed the Chair.
Following some discussion, it was ORDERED on the motion of Aldermau Puttick, seconded
by Alderman Hendershot, that the report be tabled and that the Planner, through tire Chief
Administrative Officer he authorized to contact the officials in Niagara-on-tile-Lake to determine
whether the objectors to the proposed subdivision of 330 hom~ are now in agreement to the
downsizing. Carried Unanimously
His Worship Mayor Thomson resumed the Chair.
F-93-46 -Chief Administra~ve Officer - Re: Municipal Accounts. The report rcconnnends that the
accounts totalling $1,306,366.06 for the period ending November 29, 1993, he approved by the
passing of the by-law appearing later on the ageado.
Further information was provided on Cheque No. 92070.
Following some discussion, it was ORDERED ou the motion of Aldermau Puttick, seconded
by Alderman Orr, that Cheque No. 92082 be tabled for further discussions regarding the policy of
payment of appropriate fees for designated professionals. The motion Carried with Aldernlea
Cowan and Ward voting contrary to the motion and with all others voting in fayour.
ORDERED on the motion of Alderman Ward, seronded by Aldexman Cowau, that the report ire
received and adopted. The motion Carri~d with Alderman Orr abstaining frotit the vote oil a
conflict of interest on Cheque No. 91663 because a member of her family is the recipient and with
all others voting in fayour.
RATIFICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alder,nan Header,hot, seconded by Alderman Janvary, that the
actions taken on the following matters by the Finance Committee, earlier this e~eaing, he approved.
1. Adoption of Minutes of Normam' 2.2, 19)3 Fiuauce Comnfittee meeting;
-4-
That the financial requests from the Recreation Commission; Information Niagara; Lundy's
Lane IBstaHcal Society; Occupational Hdp Centre~ Nigara Women in Crisis; Project SHARE;
Niagara Volunteer Bureau; Sm:ial Planning Coonall; YWCA; Niagara Wine & Grape Festival;
and the Visitor & Convention Bureau he referred to budget deliberations.
Carried Unanimously
Prior to dealing with further Council matters, Alderman Hendershot referred to cuts of
approximately $90,000 in Federal grants to Tourism and suggested that a resolution objecting to
the Federal grant cuts to tourism be forwarded to the various members of the Federal and
Provincial governments.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that a resolu tlon
objecting to the cuts in Federal grants to tourism be forwarded to the Member of Parliament, Gary
Pillitteri, the Prime Minister, the Department of Indnstry~ and the Federal representative, Mr.
Richard. Carried Unanimously.
See Resolution No. 115
C1)-93-61 - Chief Administrative Offi~f - Re: Reduction and Refund of Taxes; Section 443
Mtmlcipal Aet; Badaloreo Manufa~u'ing Limited; 27 25 130 001 109 00. The report recommends
that an adjnstment of taxes amounting to $204.64 for 1991 and $221.47 for the year 1992 be made
to Badalorco Manufacturing Limited.
ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the report be
received and adopted. Carried Unanimously.
-5-
.THEREFORE BE IT RESOLVED that the Federal Government, the Department of hmdnstry, is
hereby respectfully requested to reconsider this position and reinstate the grant to the Niagaea Falls
Visitor & Convention Bureau to assist in the promotion of Tourlsm in Niagara Falls;
AND the Seal of the Corporation be hereto affixed.
CarriedUnanimonsl
NO. 116 ~ WARD ~ SUSIN - BE 1T RESOLVED THAT the City of Niagara Falls hereby petltinns
the Province of Ontario to enact legislation to permit industrial operations to be exempt h'om/ax~
for a period of time when buildings are no longer required for manufacturing purposes.
AND the Seal of the Corporation be hereto affixed.
Carried Umn~imunsl,
NO. 117 - WARD - SUSIN - WHEREAS the unesnployment rate of the Niagara Region cnntinucs
to be one of the highest of any urban area of the Country; AND WHEREAS Mrs. Lyn McLeod,
Leader of the Opposition, Legislative Assembly of Ontario, has recognized this fact and has
questioned the Government with respect to this matter; BE IT RESOLVED AND IT IS HEREBY
RESOLVED THAT the Council of the Corporation of the City of Niagara Falls heartily endorses
the actions of Mrs. McLeod and encourages her pursuit of answers and requests for action from
the Government.
AND the Seal ef the Corporation be hereto affixed.
Carried Unan{mousl,
R!~OLUTIONS
NO. 112 - COWAN - SUSIN - BE IT RESOLYED THAT the City of Niagara Falls hereby
authorizes the submission of an Application for Grants under the Waste Management Improvement
Program; and that the Mayor and Clerk be authorized to sign the Grant Application on behalf of
the Corporation;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimonsly
NO. 113 - COWAN - SUSIN - BE IT RESOLVED THAT the City' of Niagara Falls hereby
authorizes the submission of an Application for Grants under the Financial Assistance Program; and
that the Mayor and Clerk be authorized to sign the Grant Application on behalf of the Corporation;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 114 - ORR - JANVARY - RESOLVED that the Council of the Corporation of the City of
Niagara Falls hereby support a one.year extension to the Grand-View River Estate draft plan of
subdivision (File No. 26T-89022)~ conditional upon the applicant maintaining the appropriate
subdivision sign which complies with the Municipal and Regional requirements;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 115 - HENDER~IIOT - ] - WHEREAS it is Council's understanding that the Federal
Government grant to assist the NIagara Falls Visitor and Convention Bureau in the promotion of
Tourlsm in Niagara Fails has been dlscontinuedl AND WHEREAS the Niagara Fails Visitor and
Convention Bureau was assisted by the Federal Government in 1993 in the amount of $90,000, for
this purpose; AND WHEREAS Tourlsm is vital to the economy in the City of Niagara Falls, the
Regional Municipality of Niagara, the Province of Ontario and Canadal
B~LAW~S
ORDERED on the motion of Alderman Hendershot, secooded hy Alderman Susin, that leave he
granted to introduce the following by-laws, and the by-laws be read a first time:
93-268
A by-law to provide for the adoption of an amendment to the Official Plan of the City
of Niagara Falls.
93-269
A by-law to authorize the execution of an agreement to extend the Contract of
Employment with David Watt.
93-270
A by-law to authorize the execution of an agreement with V. Gibbons Contracting Ltd.
for sanitary sewer, Pumping Station and forcemain on Oakwood Drive.
93-271
A by-law to authorize/he execution of an agreemeat with Philips Planning &
Engineering Ltd. for the design of a retaining wall along Oakes Drive.
93..272 A by-law to authorize monies for General Purposes (November 29, 1993).
Following some discussion, it was ORDERED do the motion of Alderman Puttick, seconded
by Alderman Germand, that by-law No. 93-269 be deferred for one week for further discussion.
The motion was Defeated with the following vote:
AYE: Aldermen Fisher, Germand, Urn, and Patrick.
NAYE: Aldermen Cowan, Hendershot, Janvary, Susin and Ward.
The motion to pass the by-laws was Carried with Alderman Orr voting cnntrary to By-law
Nos. 93-269 and 93-271 and abstaining from the vote on a conflict of interest previously recorded
on By-law No. 93-272 and with all others voting in fayour.
ORDERED on the motion of Alderman Bendershot, seconded by Alderman Cowan, that the
following by-laws be now read a second and third time:
93-268
A by-law to provide for the adoption of an amendment to the Official Plan of the City
of Niagara Falls.
93-269
A by-law to authorize the execution of an agreement to extend the Contract of
Employment with David Watt.
93-270
A by-law to authorize the execution of an agreement with V. Gibbons Contracting Ltd.
for sanitary sewer, Pumping Station and forcemain on Oakwood Drive.
93-271
A by-law to authorize the execution of an agreement with Philips Planning &
Engineering Ltd. for the design of a retaining wall along Oakes Drive.
93272- A by-law to authorize monies for General Purposes (November 29, 1993).
The motion Carried with Alderman Orr voting contrary to By-raw Nos. 93-269 and 93-271 and
abstaining from the vote on By-law No. 93-272 on a cenflict of interest previonsly recorded and with
all others voting in fayour.
NEW BUSII~
Demolition of Buildings
Mayor Thomson referred to correspondence to Mr. Gilles Poniiot, Ministry of Transport
regarding the demolition of buildings on the south side of Highway 420; west of Victoria Avenue
which indicates that the land would be an ideal location for a large parking lot to serve the needs
of the travelling public and tourists.
ORDERED on the motion of Alderman Ward, seconded by Alderman Germano, that the Council
endorses the letter to the Ministry of Transport. Carried Unanlmouslv.
Red Ribbon Campaign
Mayor Thomson distributed red ribbons on behalf of M.A.D.D. (Mothers Against Drunk
Drivers) and requested that staff and members of Council attach them to their vehicles in support
of tile program.
Ind~tstrial Opera~onsNacant Buildings Exemnt from Taxes
Mayor Thomson discussed recent meetings with a local industry regarding cost restraints and
cost reductions; and demolishing office buildings in order to elimlnate tax burdens.
ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that the Province of
Ontario be potitioned to enact legislation to permit industrial operations to be exempt from taxes
for a period of time when buildings are no longer required for manufacturing purposes. Carried
Unanimously,
See Resolution No. 116
Mayor Thomson requested that the resolution be circulated to municipalities with a population
nf over 50,000~ ~ ...... ". ·
Market Yalue ~t
Mayor Thomson discussed enrresponden~e received from the Minister of Municipal Affairs,
Mr. Ed Philip with respect to the media's description of the government's decision to Toronto's
proposal to revise it's cost-sharing formula to use equalized assessment and stated that the Minister
had indicated he would not interfere with Market Value Assessment decisious in Niagara Falls.
Fxonomy in Niagara FalLs
Mayor Thomson referred to questions by Mrs. Lyn McLeod, Leader of the Opposition, to the
Minister of Economic Development and Trade, the Hon. Frances Lankin, at the Legislative
Assembly of Ontario, regarding the unemployment rate in the Niagara Region.
ORDERED on the motion of Alderman Germano, seconded by Alderman Cowao, that a resolutim~
be forwarded to Mrs. Lyn McLeod advising her to pursue the matter and to make the Provh~ce
aware that Niagara Falls needs their support and not more studies. Carried Unanlnu~usl .
~n.l17
Casino Prolw, sal
Mayor Thomson discussed a recent article in the "Buffalo News" regarding a casino proposal
and indicated that this would be a topic of discussion with Marilyn Charley at a December 6, 1993
meeting.
Blue Box Prolram
Alderman Susin referred to the St. Catharines Blue Box Program and the pick op and
processing costs. He requested a report from Municipal Works regarding comparison costs hetwecn
St. Catharines and Niagara Falls for pick up and processing.
ORDERED on the motion of Alderman Susin, seconded by Alderman Orr, that a report be brought
hack regarding comparison costs between St. Catharlnes and Niagara Falls for pick up and
processing. Carried Unanimously
Festival of Lights
Mayor Thomson referred to the Festival of Lights event held on November 261h and November
271h, 1993 with various Disney characters in a Christmas Show called "Twos the Night Before
Christmas" and their attendance with the children at the Greater Niagara General Huspital.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Colvan, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOFrED,
MAYOR WAYNE THOMSON
TH!I~TY-SIXTH MEI~TING
COMMflTEE OF THE WHOLE
Committee Room #1
Decmlbff 6, 1993
Council met on Monday, December 6, 1993 at 5:45 p.m. in Committee of the Whole. All
members of Council, with the exception of Alderman Cmnmings, who was away oil vacation, were
present. Alderman Germano presided as Chairman.
Following consideration of the items presented, the Committee of the Whole arose to report
iu open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
REGULAR COUNCIL MEI~-riNG
Council Chambers
December 6, 1993
Council met on Monday, December 6, 1993 at 7:30 p.m. for the purpose of considering
Regular Council Business. All members of Council, with the exception of Alderman Cummings,
who was away on vacation; and Alderman Cowan who was called away on business, were present.
His Worship Mayor Thomson presided as Chairman. Alderman Craitor offered the Opening
Prayer.
ADOPTION OF MINUTES
Alderman Craitor requested that the Minutes of November 22, 1993 indicate that he w:as
away at a convention; and that the Minutes of November 29, 1993 indicate that he was away oo
business.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hendershot, that the Minotes
of the Regular Meeting of November 29, 1993 be adopted as amended. Carried Unanimon I
DISCLOSURE8 OF PECUNIARY INTERES'~~__
Alderman Fermino Susln indicated a pecuniary interest on Report F-93-47, Cheque Nas,
92251 and 92270, because his sons are volunteer firefighters.
Alderman Kim Craitor indicated a pecuniary interest from the November 29, 1993 Council
raceling, on Report F-9346, Cheque No. 92081, because he sits on the Board of the Occupational
Help/Development Centre as a volunteer member; and indicated a pecuniary interest on Resolution
No. 118 regarding the proposed integration by Revenue Canada which is his employer.
Alderman Hendershot indicated a pecuniary interest on Report F-9347, Cheque No. 92149,
because his son is employed by the company; and Cheque No. 92240, because the redplent Is his
etnployer.
Alderman Janvary indicated a pecuniary interest on Report F-93-47, Cheque No. 92240,
because the recipient is her employer.
Alderman Sherat indicated a pecuniary interest on Report F-93-47, Cheque No. 92164,
because the recipient is his former employer.
pRESENTATIONS
His Worship Mayor Thomson presented tokens of appreciation to Firefighters, Marc Coons;
John VandenBerg; Peter Methner; Shawn Bates; Steven Wilson; Ronald Wreggitt; William Fryer;
Dave Evans; Bruce Dale; and to Concerned Citizens Dave Menban; Sean Murray; Keven Coons and
Joe Picca, in recognition of their efforts in assisting the victims of the besieged flood areas in the
Midwest United States.
Marc Coons provided a video to members of Council which demonstrated the efforts of
rebuilding the homes of flood victims; and thanked the Mayor, and Chief Kemp on behalf of the
fire fighters for their assistance and recognition.
-AND-
Communication No. 328 - Mayor Jack Leonard, City of Chestedldd, Missouri. The communication
expresses appreciation to the Niagara Falls delegation's usslstanca to their City.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
communication be received and filed. Carried Unanimously.
His Worship Mayor Thomson referred to Council's pins which ware being worn in
recognition of "Violence Against Women".
DEPUTATIONS
Trees Unlimited
Paul Robertson, Forestry Consultant, Trees Unlimited reviewed the Urban Woodlot
Inventory and Assessment Study for Niagara Falls through the use of slides; provided information
regarding treed and wooded sites existing in the urban areas of the City of Niagara Falls; reviewed
the criteria requirements for the assessment study which included stand quality, significant geologic
formations, significant e~osystems, diversity, significant species, absence of disturbance, site size,
expansion potential, recreational activities and linkage. Mr. Robertson advised that Niagara Falls
was a leading municipality in this type of study.
-AND-
Report PI}.-93-127 - Clmirplrson, Environmmtal Planning & Gremi~ Committee. The report
recommends that Council accept the Executive Summary of the Urban Woodlot Inventory and
Assessment Study as prepared by Trees Unlimited Forestry and endorse the action resulting from
the October 20, 1993 meeting of the City's Environmental Planning and Grecning Committee.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the report be
received and adopted. Carried Uptmimously.
UNFINISHfi} BUSINESS
Proposed Offidal Plan; Town of Niagara-4m-(he-Lake
His Woeship Mayor Thomson declared a conflict of interest because he owns proparty in Ihe
area and relinquished the Chair.
Alderman Gary Hendershot assumed the Chair.
The Director of Planning and Development advised that further information regarding the
Proposed Official Plan; Town of Niagara-on-the-Lake was being received and that a report would
be prepared on the matter.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Germano, that the matter
he deferred until the first of the year. Carried Unanimously.
His Worship Mayor Thomson resumed the Chair.
COMMUNICATIONS
Communication No. 329 - Niagara District Airport Commission - Re: Appointment to Commission.
The con~munication requests that Council appoint Mr. Brian Olsen to the Niagara District Airport
Comnfission.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that Mr. Briao
Olsen he appointed to the Niagara District Airport Commission. Carried UnanlmouslV.
Communication No. 330 - City of Scarborough - Re: Resolution. The comntunication provides
information regarding a resolution requesting the Province of Ontario to rescind the fee structure
as it relates to first appeals of assessments at the Assessment Review Board.
ORDERED on the motion of Alderman Susin, seconded by Alderman Craitor, that the resolution
he endorsed. Carried Unanimously.
Communication No. 331 - Province of Ontario, Management Board Secretariat - Re: Court Iiousc
Lease. The communication provides information regarding an Ackoowledgement and Agrecnleot
respecting the lease of the Court House.
ORDERED on the motion of Alderman Germano, seconded by Alderman Craitor, that the
communication be received and filed for the Informatiua of Council. Carried Unanimously.
REPORTS
IV93-59 - Chief Administrative Officer - Re: Site Plan Approval; Proposed Leather Goods Store;
2722 St. Paul Avenue; Site Plan Control - SIC -93-12. The report recommends that Council
approve the above subject Site Plan for a proposed leather goods store pursuant to Sectim~ 41 of
tile Planning Act, comprising of the Site Plan being drawing no. 1.
ORDERED on the motion of Alderman Susin, seconded by Alderman Hendershot, that the report
he received and adopted. Carried Unanimoosly.
PD.-93-126 - Chief Administrative Officer - Re: Community Impact Agrecim~t; Ontario Hydro Sir
Adam lkck Ill; Hydro Electric Projea. The report recommends the following:
1. That City Council approve this report;
2. That City Council support the signing of the Community Impact Agreement between
Ontario Hydro, Regional Niagara, Town of Niagara-on-the-Lake and City of Niagara Falls
for the Beck III tlydro Electric Project;
3. ' That a copy of this report be sent to Ontario Hydro together with the signed Commuuily
Impact Agrecmcot for execution;
4. That a copy of this report be sent to Ministry of the Environment and Energy; Regional
Niagara and the Town of Nlagaca-on-the-Lake for their information.
ORDERED on the motion of Alderman Germano, seconded by Alderman Ward, that the report lie
received and adopted. The motion ~ with Alderman Sherat abstaining from the vote on a
conflict of interest because Acres was involved and with all others voting in favour.
-4-
PD-93-129 - Chairperson, Environmental Planning & Grinring Committee - Re: Joint Meeting of
Conservation Advisory Council of Niagara Falls, New York and the City's Environmint Planning
& Green.rig Committee. The report recommends that Council receive and file this report.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the report be
received and filed. Carried Unanimously.
p1)-93-130 - Chief Administrative Offiecr - Re.: Conditions of Land Division Committee Approval
Consent Applications IMll/93 & IM12/93. The report recommends the following:
1. That Council waive its procedural policy with respect to the number of lots allowed to be
created by severance from the original !and holding;
2. That Council agree to a partial release of an agreement registered on title as instrument
#521638, so as to permit development on lots created by Consent Applications B411/93 and
B412/93.
ORDERED on the motion of Alderman Susin, sceonded by Alderman Headershot, that the report
be received and filed. Carried Unanimously.
F-93-47 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the
accounts totalling $938,116.39 for the period ending December 6, 1993, be approved by the passing
of the by-law appearing later on the ageado.
Information was provided on Cheque Nos. 92150; 92222; 92238; 92240; 92259.
Following some discussion regarding Cheque No. 92238, it was ORDERED on the motion
of Orr, seconded by Alderman Germano, that the cheque be deferred for further information
regarding the matter of hydro arrears being placed on tax bills for collection. Carried
Unanimously.
It was ORDERED on the motion of Alderman Orr, seconded by Alderman Susin, that
Cheque Nos. 92145, 92162 and 92244 be deferred until budget deliberations. Carried Unanimously.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Headershot, that the report
be received and adopted. The motion Carried with Aldermen Headershot, Janvary, and Susin
abstaining from the vote on conflicts of interest previously noted and with all others voting in
faYour.
See By-law No. 93-281
CD-93-63 - Chief Administrative Officer - Re: Niagara South Board of Education; Recommended
Appointment to Wmgara Falls Library Board. The report recommends that Council pass the By-law
appearing on this evening's agenda appointing Mrs. isabelle Bald to fill the vacancy on the Niagara
Falls Library Board erented by the resignation of Mrs. Hester Newby.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Sherat, that the report be
received and adopted. Carried Unanimously.
See By-law No. 93-273
CD-93-64 = Chief Administrative Officer = Re.: Lottery Operations in the City of Niagara Falls. The
report recommends the following:
1. That Council approve the contents of this report;
2. That Council pass the by-law appearing later on this evening's agenda;
3. That the municipal policies attached be approved and included in the Policy and Procedural
Manual.
ORDERED on the motion of Alderman Patrick, seconded by Alderman Orr, that the report be
deferred until a meeting with the individuals is scheduled in a special Council meeting. Carried
Unanimously.
-5-
CD-93-65 - Chief Administrative Officer - Re: Municipal Bingo Calendar of Events = Review of
Sunday Evening Late Night Trial Adjustmeat. The report recommends that the blngo event calendar
remalu as adjusted to allow for one event on Sunday evening in the late night time slot.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report he
deferred until a meeting with the individuals is scheduled in a special Council mceting. Carried
Unanimously.
CD-93-66 - Chief Administrative Off.eel - Re: Eligibility Policy for Bingo, Break Open and Monte
Carlo Lattecies. The report recommends that Council adopt the policy respecting the eligibility
requirements of organizations requesting Bingo, Monte Carlo and Break Open Ticket lottery
lleences in the City of Niagara Falls.
ORDERED on the motion of Alderman Puttick, seconded hy Alderman Orr, that the report he
deferred until a meeting with the individuals is scheduled in a special Council n~cotlng. Carried
Unanimously.
L-93-61 - Chief Administrative Officer - Re: Disposal of Part of Closed Road Allowance Between
Stamford Gore Lot 9 and Niagara Township Lot 139; File No. 89-DI-050. The report recommeuds
the following:
1. That the description of land in By-law 91-36 be amended;
2. That the lands described in By-law No. 91-36, as amended, be sold to Kevin Thomas Brady
and Susan Katherine Brady for the purchase price of $964.97 plus advertising and legal
costs as applicable and Mayor and Clerk be authorized to execute all necessary documents.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the report
be received and adopted. Carried Unanimously.
See By-law No. 93-276
See By-law No. 93-277
RESOLUTIONS
NO. 118 - FISHER - HENDERSHOT - WHEREAS the Council of the Corporation of the City of
Niagara Falls are opposed to the propused integration by Revenue Canada of Canada Customs into
a taxation administration for the reasons set forth in the letters of Mayor Wayne Thomson and Mr.
Mansel R. Legacy, National President, Customs Excise union, attached hereto;
AND WHEREAS the Council wishes its views on this subject to be received and considered by the
persons set forth below: BE IT RESOLVED THAT: 1) The Council of the Corporation of the City
of Niagara Falls hereby endorses the letter of its mayor Wayne Thomson to Mr. Gary Pill,tier,,
M.P., dated December 3, 1993, in the form attached hereto, opposing the proposed integration hy
revenue Canada of Canada Customs into a taxation administration, for the reasons set forth
tilerein; 2) The Council hereby directs that copies of this resolution be forwarded to the Prime
Minister of Canada, The Rt. Honourable Jean Chretien; The Minister of National Revenue, The
Honourable David Anderson; the area municipalities within the Region of Niagara and to
municipalities at border points in Canada.
And the Seal of the Corporation be hereto affixed.
TIle motion Carried with Alderman Craitor abstaining from the vote on a conflict of interest and
wilh all others voting in fayour.
NO. 119 - FISHER - GERMANO - WHEREAS over 200 penpie, mostly children, came into contact
with a rabid pony at a Petting Zoo in Pelham betwean November 1-10, 1993; AND WHEREAS
approximately 65 penpie will be required to receive anti-rabies injections; AND WHEREAS there
are at present, no federal, provincial or municipal regulations covering Petting Zoos; AND
WHEREAS both children and adults are at risk of coming into centact with a rabid animal at a
Petting Zoo; AND WHEREAS there is the potential for a major health disaster;
NOW THEREFORE BE IT RESOLVED:
THAT the Minister of Municipal affairs be requested to amend the Municipal Act to give
Municipalities the power to prohibit, regulate, govern and license Petting Zoos; AND THAT the
Minister of Health be requested to amend the Health Protection and Promotion Act to provide for
mandatory vaccinations of animals in Petting Zoos to protect against rabies and other serious
infectious diseases and to empower Health Units and Boards of Health to ensure that Petting Zoos
are safe to the public.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 120 - CRAFtOR - WARD - WIlEREAS the Ford Motor Company has partially closed its glass-
making plant in Niagara Falls, Ontario; AND WHEREAS the Ford Motor Company will completely
close the said plant in January 1994; AND WHEREAS about 250 workers are employed at the said
plant, the majority of whom live in the City of Niagara Falls, Ontario; AND WHEREAS the
workers of the said plant have been offered and accepted new jobs at a Ford Motor Company plant
in Oakville, Ontario; AND WHEREAS the workers of the said plant desire to commute from
Niagara Falls to Oakville by a car-pool program, rather than by individual cars; AND WHEREAS
the workers of the said plant have organized a car-pool program to commute to their jobs in
Oakville that will allow them to keep their existing homes; AND WHEREAS a car-pool program
will reduce the efteeLs of automobile emissions from the cars into the environment; AND WHEREAS
there is no ear-pool parking lot along the Queen Elizabeth Highway in or near the City of Niagara
Falls; AND NYHEREAS CAW-Canada Local 1054 supports a ear-pool parking lot at the interchange
of Mountain Road and the Queen Elizabeth Highway; AND ~VIIEREAS numerous other persons
commuting from Niagara Falls to other cities as far away as Toronto would have the opportunity
to use the ear-pool parking lot at the said interchange; NOW THEREFORE BE IT RESOLVED
THAT Council for The Corporation of the City of Niagara Falls requests that the Minister of
Transportation for Ontario provide a ear-pool parking lot along the Queen Elizabeth Highway near
the interchange of Mountain Road and the Queen Elizabeth Highway at the expense of the Ministry;
AND FURTHER that Margaret Harrington, M.P.P., and Shirley Coppen, M.P.P., be given copies
of this resolution and be requested to assist the City of Niagara Falls and the workers in this matter;
AND FURTHER that Wayne Hardwick, President of CAW-Canada Local 1054, and Mike McAra
be given copies of this resolution.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
COMMriTEE OF THE WHOLE At;l'lONS
ORDERED on the motion of Alderman Hendershot, sanded by Alderman Craitor, that the actions
taken on the following matters by Committee of the Whole, earlier this evening, be approved.
That the City Solicitor be authorized to commence a legal action against Vistas Advertising
Inc. with respect to its breach of contract by failing to pay the City the total sum of
$9,000.00 in accordance with a contract it entered into with the City, on March 8, 1993, and
to take all necessary steps in that regard;
That the City make an application to the Regional municipality of Niagara to amend the By-
law which the Region passed exempting all businesses in the City of Niagara Falls from
closing on Victoria Day, Canada Day and Labour Dayl and to amend the By-law to delete
the hours of opening and closing from between 10 a.m. until 6 p.m. and to include the
addition of New Year's Day, Thanksgiving Day and Boxing Day; and further to request the
Region waive the $750.00 application fee.
Carried Unanimously.
B~LAWS
ORDERED on the motion of Aldertnan Hendershot, seconded by Alderman Ward, that leave lie
granted to introduce the follo~ving by-laws, and the by-laws be read a first time:
93-273
A by-law to amend By-law No. 91-287, as ameoded, being a by-law to provide fi~r
Appointments to certain Boards, Commissions and Committees.
93-274 DEFERRED
93-275
A by-law to authorize the execution of a partial release of an agreement with Leonard
John Terol.
93-276 A by-law to amend By-law No. 91-36.
93-277
A by-law to authorize the sale and conveyance of part of the closed road allowance
lying between Stamford Gore Lot 9 and Niagara Township Lot 139 to Kevin Thumas
Brady and Susan Katherioe Brady.
93-278
A by-law to authorize the execution of a Community Impact Agreement with The
Corporation of the Regional Municipality of Niagara and others respecting Ontario
Hydro Sir Adam Beck IIl Hydro Electric Project.
93-279
A by-law to amend By-law No. 93-254, being a by-law to authorize the execution of
agreements with Larosa & Carrie Enterprises Ltd. carrying on business as Dominion
paving Company, Ken Warden Construction Ltd. and 1006174 Ontario Inc. fur
snowplowing.
93-280
A by-law to authorize the execution of an Acknowledgemcot and Agreement respectlug
the lease of the Court House.
93-281 A by-law to authorize motlies for General Purposes (December 6, 1993).
The motion Carried with Aldermen Hendershot, Janvary, Sherar and Susin abstaining from tbe
vote on By-law No. 93-281 on conflicts of interest previously noted and with all others voting io
favonr.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
following by-laws be now read a second and third time:
93-273
A by-law to amend By-law No. 91-287, as amended, being a by-law to provide for
Appointments to certain Boards, Commissions and Committees.
93-274 DEFERRED
93-275
A by-law to authorize the execution of a partial release of an agreement with Leonard
John Terol.
93-276
93-277
93-278
93-279
A by-law to amend By-law No. 91-36.
A by-law to authorize the sale and conveyance of part of the closed road allowance
lying between Stamford Gore Lot 9 and Niagara Township Lot 139 to Kevln Thonms
Brady and Susan Katherine Brady.
A by-law to authorize the execution of a Community Impact Agreement with The
Corporation of the Regional Municipality of Niagara and others respecting Ontariu
Hydro Sir Adam Beck II1 Hydro Electric Project.
A by-law to amend By-law No. 93-254, being a by-law to authorize the execution of
agreements with Larosa & Carrie Enterprises LId. carrying on business as Dominloo
paving Company, Ken Warden Construction Ltd. and 1006174 Ontario Inc. for
snowplowing. ...8
-8-
A by-law to authorize the execution of an Acknowledgemerit and Agreement respecting
the lease of the Court House.
93-281 A by-law to authorize monies for General Purposes (December 6, 1993).
The motion Carried with Aldermen Hendershot, Janvary, Sherar and Susin abstaining from the
vote on By-law No. 93-281 on conflicts of interest previously noted and with all others voting in
faYour.
NEW BUSINESS
Veda Land
Alderman Gary Hendershot reviewed an article in a Florida newspaper which referred to
financing and project start dates of a Veda Land Theme park in Kissimmee, Florida and Niagara
Falls, Canada.
His Worship Mayor Thomson indicated that he had been assured that comments made would
be clarified by Veda Land officials.
-9-
Cuts to Senior's Pensions
Alderman Norm Puttick expressed concerns regarding proposed cuts to senior's pensions and
Mayor Thomson advised that the Finance Minister, Paul Martin had indicated that the matter
would only be looked at in 1995.
Car Pool Parkine - O.E.W./Mountain Road
Alderman Kim Craitor referred to the closing of the Ford Motor Company Glass-making
factory in Niagara Falls in 1994 and indicated that many workers will be organizing a pooling
program which would allow them to commute to their new jobs in Oakville. Alderman Craitor
indicated that a car pool parking lot at the Q.E.W./Mountain Road area would be needed to
facilitate the program and requested Council support the program.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that the Council of
tile City of Niagara Falls requests that the Minister of Transportation for Ontario provide a ear-
pool parking lot along the Q.E.W. near the interchange of Mountain Road and the Queen Elizabeth
Highway at the expense of the Ministry. Carried Unanimously.
See Resolution No. 120
Alderman Shirley Fisher referred to correspondence from the Ministry of Environment and
Energy which referred to Norton Chemicals PCB waste and expressed concerns regarding the
movement of off-site wastes into storage sites and storage containers.
Unregulated Care Homes
Alderman Ed Sherar referred to the Ministry of Housing NewsRelease regarding extending
protection to tenants living in unregulated care homes and apartments in houses; and requested that
a report regarding the proposed legislative changes be provided; and also requested an update
regarding the status of the McRae Street project.
M.P.'s Peasion Bintilts
Alderman Norm Puttick referred to correspondence from the Office of the Prime Minister with
respect to acknowledging the concerns of City Council regarding pension benefits for Members of
Parliament and indicated that the age limit of Members of Parliament who receive pension benefits
should be between ~0 and 65 years of age.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitar, that a letter from
the Chief Administrative Officer be forwarded to Arthur Eggleton, President of the Treasury Board
and Minister responsible for Infrastructure; Prime Minister Jean Chretien; Premier Bob Rae; Paul
Martin, Finance Minister, indicating Council's concerns regarding the age that members receive
pensions and further that Council wished to be advised when the issue of pension benefits would be
brought before parliament. Carried Unanimously.
Casino Gamblinl
Alderman Norm Puttick referred to concerns expressed by Judith MacCarthy, Try Another
Way group regarding opposition to casino gambling and indicated that he would address any group
and discuss the topic of casino gambling.
Letter of Congratulations to Area Boxus
Alderman Kim Craitor requested that a letter of congratulations be forwarded to our local
area hoxers who have won the title of Canadian Amateur Champions and that a letter of
congratulations also be forwarded to the Shamrock Boxing Club.
His Worship Mayor Thomson advised that a presentation would be made at a future Com~cil
meeting.
Thank You Letter
His Worship Mayor Thomson advised that Mr. Stan Bench had contacted the Mayor's office
complementing City staff and Provincial Construction for the work carried out on Valleyway
between Portage Road and Drummond Road.
ORDERED on the motion of Alderman Germano, seconded by Alderman Hendershot, that a letter
be forwarded to City staff and to Provincial Construction in appreciation of the title work that was
carried out on Valleysray between Portage Road and Drummond Road. Carried Unanimoasly.
Economic Difilenlties
Mayor Thomson discussed the economic difficulties that are facing the municipality; referred
to the 24% in tax arrears; the highest unemployment rate in Ontario and indicated that in spite of
implementing strict measures, the situation has not improved. Mayor Thomson requested that a
brief be prepared by the Economic Development Agency, outlining the concerns of the municipality
and presented to the Prime Minister, Jean Chretien and Premier Bob Rae and further that our
Member of Parliament, Mr. Gary Pillttteri be made aware of the plight of the City of Niagara Falls.
ORDERED on the motion of Alderman Putlick, seconded by Alderman Germano, that a brief be
prepared by the Economic Development Agency outlining the concerns of the municipality and
requesting that a meeting be scheduled with the Premier and the Prime Minister to bring these
concerns to their attention. Carried Unanimously.
4
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Letter of Condolence
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that a letter
of condolence be forwarded to the family of the late Michael (Mac) Joseph Rieei. Carried
Unanimously.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the meeting
be adjourned. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
THIRTY-SEVEN MEETING
COMMITFEE OF THE WHOLE
Committee Room #2
December 13, 1993
Council met on Monday, December 13, 1993 at 6:45 p.m. in Committee of the Whole. All
members of Council, with the exception of Alderman Bruce Ward, who was away due to illness, were
present. Alderman Craitor presided as Chairman.
Following consideration of the items presented, the Committee of the Whole arose to report in
open session.
READ AND ADOPTED,
E.C. WAGG, CITY CLERK
MAYOR WAYNE THOMSON '
PLANNING MEETING
Council Chambers
December 13, 1993
Council met on Monday, December 13, 1993 at 7:30 p.m. for the purpose of considering
Planning Matters and Regular Business. All members of Council, with the exception of Alderman Bruce
Ward, who was away due to illness, were present. His Worship Mayor Thomson presided as Chairman.
Alderman Hendershot offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Cummings indicated a pecuniary interest from the November 29, 1992 Council meeting
on Report F-93-46, Cheque No. 91725, which was a senior citizens reimbursement to his father; and
indicated a pecuniary interest from the December 6, 1993 Council meeting, on Report F-93-47, Cheque
No. 92164, because the recipient was his employer.
PRESENTATION
Ministry of Culture. Tourism. and Recreation
Mr. John lannone, Project Manager, Management Board Secretariat introduced Mr. Bruce
Crichley, Director, Niagara Falls Relocation, Ministry of Culture, Tourism, and Recreation; Mr. Barry
Fordham, Buttcon Limited, Michael Moxam and Shirley Blumberg, Architect. His Worship Mayor
Thomson, Mr. Bruce Crichley and Mr. Barry Fordham unveiled the display model of the new Ministry
of Tourism building.
Shirley Blumberg discussed the architecture of the new Ministry of Culture, Tourism and
Recreation building; referred to the landscaping and tree planting in the surrounding area; and parking
facilities. Ms. Blumberg indicated that fragments from the former bank building on the corner of Ontario
and Queen Street would be incorporated in the lobby of the Tourlsm building and as sculptures in the
park area.
His Worship Mayor Thomson thanked Ms. Blumberg, on behalf of the Council for her
presentation.
PLANNING MATI'I~RS
PD-93-135 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-18/93,
984350 Ontario Inc. OVendy Leard); 4065 Stanley Avenue. The report recommends the following:
Council support the application to amend the City's Zoning By-law to permit one of the units
within the industrial plaza to be used as a dance studio;
The applicant be required to address the requirements of the Fire Code to the satisfaction of the
Fire Department;
The applicant be required to pay commercial development charges to the satisfaction of the
Municipal Works Department prior to the passing of the amending by-law.
-AND-
Communication No. 332 - Regional Niagara, Planning & Development Department. The
communication advises as having no objections to the subject land remaining Prestige Industrial Zoning
with site specific provisions to be added to permit a dance studio.
His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be
followed under the Planning Act.
The City Clerk advised that the Notices of the Public Meeting had been forwarded by mail to all
owners and persons assessed as of land within 120 meters of the subject lands on November 12, 1993.
His Worship Mayor Thomson received indication that Mr. William A. Amadio, Solicitor, was
in attendance on behalf of the applicant; and received a positive response to his request for a show of
hands by persons present who were interested in the application. He requested that all persons wishing
to receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior
to leaving the meeting.
The Director of Planning and Development referred to the subject property with the assistance
of posted sketches and reviewed the following information included in Technical Report No. PD-93-123;
Proposal; Nature of the Amendment; Planning Analysis; Physical Assessment; Nature of the Zone
Change; and the Public Notification Process.
His Worship Mayor Thomson received a negative response to his request for comments from
persons, other than the applicant or his agent, in support of the application, and received a positive
response from persons opposed to the application.
Mr. Bob Sorley, Lubrizol stated that it was not the intent of I.~ubrizol to hamper the
establishment or the operating of a business in Niagara Falls; expressed concerns regarding the proposed
rezoning; the close proximity of the dance studio to the chemical plant; referred to Working Group 5
guidelines for Land Use Planning and Control; and addressed the issue of maintaining a buffer zone.
Mr. William Amadlo, advised the facility would be used for 20-25 hours per week with
approximately 10-12 students in attendance. Mr. Areadie indicated that his client was in fayour of the
recommendation report with the exception of the applicant paying commercial development charges and
asked that Council approve the request and that the development charges be waived.
Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public
Meeting with regard to Application AM-18/93 closed.
ORDERED on the motion of Alderman err, seconded by Alderman Janvary, that the correspondence be
received and filed. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Aldermen err, that Recommendations
I and 2 be approved and that the development charges be waived in Recommendation 3. The motion
Carried with Aldermen Craitor and Snsin voting contrary to the motion and with all others voting in
favour.
PD-93-136 - Chief Administrative Officer - Re: City of Niagara Falls; General Amendments to
Zoning By-law 79-200; AM-12/93. The report recommends that several general amendments to Zoning
By-law 79-200 be supported and that the amending by-law appearing in tonight's aganda be enacted by
Council.
Communication No. 333 - Regional Municipality of Niagara - Re: General Amendments to Zoning
By-law 79-200. The communication indicates as having no objections to the proposed zoning by-law
amendment.
His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be
followed under the Planning Act.
The City Clerk advised that the Notices of the Public Meeting had been published in the Niagara
Falls Review on November 12, 1993.
His Worship Mayor Thomson received a negative response to his request for a show of hands
by persons present who were interested in the application.
The Director of Planning and Development referred to the subject property with the assistance
of posted sketches and reviewed the following information included in Technical Report No. PD-93-128;
Planning Analysis; Front Yard Requirements in the R1E, R2 and R3 Zones; Vacant Undersized Lots;
Definition of An Adult Entertainment Parlour; and the Public Notification Process.
His Worship Mayor Thomson received a negative response to his request for comments from
persons, other than the applicant or his agent, in support of the application, and received a negative
response from persons opposed to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public
Meeting with regard to AM-12/93 closed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
correspondence be received and filed. Carried Unanimously.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the report be received
and adopted. Carried Unanimously,
See By-law No. 93-284
MISCELLANEOUS PLANNING MATrER~
PD-93-124 - Chief Administrative Officer - Re: Comments on Region's Proposed Changes to their
Agricultural Land Base Map. The report recommends the following:
That the Region's PIning & Development Department be informed that the City of Niagara
Falls has a number of questions regarding the proposed changes to their Agricultural Land Base
Map;
2. That a copy of this report be forwarded to the Region's PIning & Development Department
together with a request to respond to the City's questions.
ORDERED on the motion of Alderman Shetar, seconded by Alderman Fisher, that the report be received
and adopted and further that the Region be requested to solicit more information for public comments
with respect to the severance policy. Carried Unanimously.
PD-93-132 - Chief Administrative Officer - Re: Conditions of Consent Applications. The report
recommends the following:
'Ihat Council agree with the suggestion of the Land Division Comraittee to require the payment
of Development Charges at the time of Building Permits rather than as a condition of severance
as is preeen~y the case;
2. That Council direct staff to bring forward an amendment to the City's Development Charges By-
law and advertise the holding of a public meeting to implement this charge.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the report be
received and adopted. Carried Unanimously.
PD-93-134 - Chief Administrative Officer - Re: Update on Proposed Waste Disposal (Landfill)
Cyanamid Canada Inc., Fourth Avenue, Niagara Falls. The report recommends that the Ministry of
Environment & Energy, Cyanamid Canada and Ontario Hydro be requested to attend a future meeting
of City Council and outline the remedial options contemplated for the waste disposal sites.
OR,D, ERED on the motion of Alderman Susin, seconded by Alderman Germane, that the report be
received and adopted. Carried Unanimously.
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Craltor, seconded by Alderman Hendershot, that the minutes of
the Regular Council meeting of December 6, 1993 be adopted as printed. Carried Unanimously.
COMMUNICATIONS
Communication No. 334 - Standing Committee on the Legislative Assembly - Re: Municipal
Freedom of Information and Protection of Privacy Act. The communication provides information
regarding the holding of public hearings on the Municipal Freedom of Information and Protection of
Privacy Act.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Germane, that staff bring
back a report regarding the concerns. Carried Unanimously.
Communication No. 335 - Old St. John's Stamford Heritage Association - Re: Identification of
Historic Stamford Village. The communication informs of the identification of Historic Stamford
Village by erecting an identifying sign at the point of old Stamford Green and .requests support in the
provision of a landscape architectoral plan and a proper base for the monument.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the matter be
referred to staff and to the Stamford Green Committee. Carried Unanimously.
Communication No. 336 - The Good ~amaritan ThriR Store - Re: Transient Trader Licenee. The
communication requests payment terms on the $500.00 transient licenee fee.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the Clerk be
authorized to negotiate payment terms with the applicant. Carried Unanimously,
Communication No. 337 - Mr. Ahmad lhsan AI-Saheh - Re: Refreshmeat Vehicle Liceace. The
communication requests Council reconsider an application for a refreshment vehicle licenc~ in the area
of 6240 - 6282 Lundy's Lane.
ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the request be deferred
for further information regarding the location and unit and that the applicant provide letters from the
establishments regarding operating on private property. The motion Carried with Aldermen Cummings
and Shetar voting contrary to the motion.
Communication No. 338 - The Municipality of Metropolitan Toronto - Re: Metropolitan Toronto's
Willing Host Landfill Site Search. The communication provides information that Metropolitan Toronto
is inviting municipalities and landowners (in conjunction with municipalities) throughout Ontario to
consider becoming potential willing hosts for a landfill site as part of a solid waste management system
to serve Metre.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
communication be received and filed for the information of Council and further that a letter be forwarded
indicating that the Corporation of Niagara Falls has no interest in the matter. Carried Unanimously.
Communication No. 339 - City of North York, City Clerk's Department - Re: Resolution. The
communication requests Council endorse a resolution reaffirming support of equality of employment
opportunity as provided under the Human Rights Code.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Susin, that the request be
supported. Carried Unanimously,
Communication No. 340 - Ministry of Municipal Affairs, Field Managemeet Branch - Re: City of
Niagara Falls' apportioned share of the Reglon's costs. The communication provides information
regarding the City of Niagara Falls' apportioned share of the Region's costs.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that an appeal to the
Ontario Municipal Board be authorized. Carried Unanimously.
REPORTS
B-93-60 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for
November, 1993. The report recommends that this report be received and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report be
received and filed. Carried Unanimously.
F-93-48 - Chief Administrative Officer - Re: Cheque No. 92238. The report recommends that the
report is for the information of the Municipal Council.
ORDERED on the motion of Alderman err, seconded by Alderman Cummings, that the report be
received and filed. Carried Unanimously.
F-93-50 - Chief Administrative Officer - Re: Memberships and Associations. The report recommends
that the report is for the information of the Municipal Council.
ORDERED on the motion of Alderman err, seconded by Alderman Germane, that the report be received
and further that the matter be dealt with at budget deliberations. Carried Unanimously.
RATIFICATION OF FINANCE COMMITI'EE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the actions taken
on the following matters by the Finance Committee, earlier this evening, be approved.
Adoption of the Minutes of Novamber 29, 1993 Finance Meeting;
Grey Gables School - Request for funding - that this matter be referred to the final budget
deliberations to commence on Wednesday, December 15, 993 at a Special Mecting of Finance
and Council - Alderman Gary Hendershot - conflict of interest;
Bauer Roller Hockey League - Report R-9343 - that the Bauer Roller Hockey League work
with staff to set up as a Non-Pwfit Organization, and if the City is satisfied as to how it operates
with the submission of the proper reports, that they would be granted a reduction in 1993 Floor
Rental Rates to $30 per hour, retroactive and also that this Organization be charged a $30 Rental
Rate, per hour in the upcoming Season (1994);
-6-
Report FC-93-33 - .AAnendment to Urban Service Area - that the Finance Committee
recommend to Council that the Urban Service Boundaries be amended to delete the area as
indicated in Report FC-93-33;
5. Report FC-93-34 - Tax Balances at November 30, 1993 -
Minor Hockey Association Request - that a donation of $250.00 be given from the Mayor and
Members of City Council to the Niagara Falls Minor Hockey Association for Trophies to be
given to each of the six Minor Hockey Divisions for the Most Valuable Local Player.
The motion Carried with Aideman Hendershot abstaining from the vote on Item #2 - Grey Gables School
Request for funding and with all others voting in fayour.
Alderman Cummings advised that final budget deliberations would be held on Wednesday,
December 15, 1993 at 4:30 p.m.
lVIV~-93-250 - Chief Administrative Officer - Re: Compum' Network File Servw - Service Centre;
Quotation//215-93. The report recommends that the quotation submitted by VAS Value Added Systems
Inc., Mississauga, Ontario for the purchase of a Computer Network File Server for the Stanley Avenue
Service Centre at a cost of $17,991.75 including all taxes be approved.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Off, that the matter be deferred
for a full report. The motion Carried with Alderman Cowan opposed to the motion and with all others
voting in fayour.
RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the actions taken
on the following matters by the Municipal Works Committee, earlier this evening, be approved.
1. Adoption of the Minutes of November 22, 1993;
Report MVV-93-248 - Capital Budget Summary - that the information contained in Report MW-
93-248 be received and filed for information;
Report 1VBY-93-245 .- Residential Dropoff Facility - Municipal Landfill - that staff be
authorized to apply to the Niagara Escarpment Commission for a Permit to construct the
Residential Drop-off Facility at the Mountain Road Landfill Site; and that the Landfill Operation
be closed on Sundays once the Drop-off Facility has been constructed;
Report MW-93-246 - Water/Wnstewater Review - Sewer Surcharge - that 1) the Sewage
Surcharge be increased to 100%, effective January 1, 1994; and that 2) the Water and
Wastewater Sub-Committce further investigate and report before the end of 1994 on the "utility"
approach to water and wastewater, including universal water metering - Alderman Kim Craitor
and Alderman Fermino Susin opposed;
Infrastructure Needs - that members of City Council schedule a meeting with our Federal
Member before the Sessions are reconvened (i.e. January 17, 1994) at which time we discuss the
infrastructure needs and also have prepared a "wish" list for the City of Niagara Falls.
The motion Carried with Aidemen Craitor and Susin voting centralT to Report MW-93-246 and with
all others voting in fayour.
R-93-4S - Chief Administrative Officer - Re: Niagara Falls Memorial As;ena Sound System -
Remembrance Day Service. The tel}oR recommends that the report is provided for the Information of
Council.
-7-
ORDERED on the motion of Alderman Janvary, seconded by Alderman Craitor, that the report be
received and filed. Carried Unanimously.
CD-93-67 - Chief Administrative Officer - Re: Reduction and Refund of Taxes Section 443,
Municipal Act. The report recommends that a total adjustment of taxes amounting to $474.84 for the
year 1992 be made to Angela Chasten c/o Sweet Surprises, 6096 Main Street, Niagara Fails, Ontario.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report
be received and adopted. Carried Unanimously,
CD-93-68 - Chief Administrative Officer - Re: Reduction and Refund of Taxes Section 443,
Municipal Act. The report recommends that a total adjustment of taxes amounting to $126.14 for the
year 1992 be made to Mr. Richard Rosiana of 6309 Drummond Road, Niagara Falls.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report
be received and adopted. Carried Unanimously.
CD-93-69 - Chief Administrative Officer - Re: Reduction and Refund of Taxes Section 443,
Municipal Act. The report recommends that an adjustment of taxes amounting to $1,115.45 for the year
1991 and $1,207.18 for the year 1992 be made to Mr. Nell McEachern of R.R. #3, 5649 Sauer Road,
Niagara Falls.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report
be received and adopted. Carried Unanimously.
CD-93-70 - Chief Administrative Officer - Re: 1994 Council Schedule. The report recommends that
Council pass the By-law appearing on this evening's agenda adopting a schedule of meetings for Council
for 1994.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the report be
received and adopted. Carried Unanimously.
CD-93-71 - Chief Administrative Officer - Re: Licensing of Billlard Halls. The report recommends
that Council pass the Bydaw appearing later on this evening's agenda.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be
received and adopted. Carried Unanimously.
See By-law No. 93-282.
CD-93-72 - Chief Administrative Officer - Re: User Fees for Services. The report recommends the
following:
That the "User Fees" to be increased and/or implemented as recommended by the various City
Departments, outlines in the ANALYSIS Schedule attached to this Report, be adopted by
Council;
That all increases and/or new fees take effect as of January 1, 1994, with the exception of the
ice rental rates which shall take effect May 1, 1994;
3. That the appropriate amending By-laws be enacted at a subsequent Council Meeting;
4. That the User Fees Pamphlet be amended accordingly, and copies be made available for
distribution to Members of Council, City Departments, and the general public.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report
be received and adopted. Carried Unanimously.
CS-93-01 - Chief Administrative Officer - Re: Strategic Plan -JobsOntario. The report recommends
the following:
1. That Council initiate the process of co-ordinating a community-based strategic plan;
-8-
-9-
That $50,000 be allocated within the 1994 Operating Budget for that purpose;
That Council appoint representation to work with staff on a steering committee that will develop
the Terms of Reference for this initiative.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Puttick, that
Recommendations I and 3 be approved with the provision that staff be used with no spending and further
that Alderman Kim Craitor be appointed as Council representative to work with staff on a steering
committee. Carried Unanimously.
RATIFICATION OF COMMrFI'EE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Cowan, seconded by Alderman Cummings, that the actions taken
on the following matter by the Committee of the Whole, earlier this evening, be approved.
- That the City Solicitor be authorized to commence a legal action against Transport Provost Inc., and
other parties as may be necessary to recover the outstanding costs incurred with respect to the measures
taken by City staff in preventing an environmental hazard on March 30, 1993, at 8175 McLeod Road,
Niagara Falls, Ontario, and to take all necessary steps in that regard;
Carried Unanimously
RESOLUTIONS
NO. 121 - CUMMINGS - SHERAR - BE IT RESOLVED THAT a letter of condolence be forwarded
to the family of the late George Martin, a former Niagara Falls Alderman and one of the first Regional
Councillors for the Niagara Regional government and well-respected citizen of the community.
AND the Seal of the Corporation be hereto affixed.
Carried UnanimoUSly,
NO. 122 - SHERAR - SUSIN - BE IT RESOLVED THAT a message of condolence be forwarded to
the family of Dalton McArthur, on the recent loss of his mother, Elizabeth S. McArthur.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously,
NO. 123 - CUMMINGS - SHERAR - RESOLVED THAT NOTWITHSTANDING the Council
meetings presently in effect for the month of December, 1993; BE IT RESOLVED that the meeting
scheduled for Monday, December 20, 1993 be cancelled.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimou,Sly,
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the actions taken
on the following maRer by the Committee of the Whole, earlier this evening, be approved.
- That the Contract Position of Data Technician for the Infrastructure Needs Program in the Municipal
Works Department be extended to April 8, 1994;
Carried Unanimously
ORDERED on the motion of Alderman Puttick, seconded by Alderman Susin, that the actions taken
on the following matter by the Committee of the Whole, earlier this evening, be approved.
- Approval of the Economic Development Advisory Board - 5-member Board plus 3 members of Council
Carried Unanimously
ORDERED on the motion of Alderman Susin, seconded by Alderman Cummings, that the actions taken
on the following matter by the Committee of the Whole, earlier this evening, be approved.
- Approval to purchase Bus & Transport trailers at the Rainbow Bridge site in the amount of $50,000,
with the understanding that the $50,000 will be recovered;
C~rried Unanimously
- Request from SkyIon & Sheraton Fallsview to operate Parl-Mutuel Betting with Flarebore Downs
ORDERED on the motion of Alderman Handershot, seconded by Alderman Cowan, that Council supports
the request pending an agreement which would provide some conlxols over the number of locations in
the City.
The motion Carried with the following vot~:
AYE: Aldermen Cowan, Cummings, Fisher, Germane, Handershot, Janvary, and Puttick.
NAYE: Aldermen Craitor, Off, Sherat and gusin.
The City Solicitor advised that Council had to decide whether or not gambling in the City, in any
form, was a matter that falls under the zoning by-law and should go by way of a zoning by-law
amendment and further advised that if it did not fall within the zoning by-law process, gambling in any
form, could come into the City with Council not having any, or very little control over where gambling
might be located.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that leave be
granted to introduce the following by-laws, and the by-laws be read a first time:
93-282
93-283
93-284
A by-law to amend Schedule 6 of By-law No. 76-102, as amended, being a Schedule in
respect of the issuance of licences for billlard, pool and bagatelle tables.
A by-law to appoint a Chief Building Official and Inspectors under the Building Code Act.
A by-law to amend By-law No. 79-200, as amended (AM-12/93 - City of Niagara Falls
General Amendments).
Carried Unanimo~j8ly
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the following
by-laws be now read a second and third time:
93-282
93-283
93-284
A by-law to amend Schedule 6 of By-law No. 76-102, as amended, being a Schedule in
respect of the issuance of licances for billlard, pool and bagatelle tables.
A by-law to appoint a Chief Building Official and Inspectors under the Building Code Act.
A by-law to amend By-law No. 79-200, as amended (AM-12/93 - City of Niagara Falls
General Amendments).
Carried Unanimously
NEW BUSINESS
Letter of Condolence
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that a letter of
condolence be forwarded to the family of the late George Martin, former Niagara Falls Alderman and
one of the first Regional Councillors for Niagara Regional Government. Carried Unanimously
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Letter of Condolence
ORDERED on the motion of Alderman Sherar, seconded by Alderman Susin, that a letter of condolence
be forwarded to the family of Dalton McArthur on the recent passing of his mother, Elizabeth S.
McArthur. Carried Unanimously.
Railway Track Repairs
Alderman S. hirley Fisher advised that repairs to the railway tracks by Marineland have commenced.
Comments in Niagara Falls Review
,Alderman Gary Hendershot wished to provide clarification that not all members of Council are in
agreement with recent comments made by Alderman Norm Puttick relating to articles in the Niagara
Review; the completeness and accuracy of reports was discussed.
His Worship Mayor Thomson referred to the protest which had occurred outside City Hall during
the Council meeti.ng of.December 6, 1993 and matters regarding "Violence Against Women".
Senior Citizens Parking
Following some discussion, it was ORDERED on the motion of Alderman Craitor, seconded by
Alderman Germane that the Senior Citizens Coronation Centre proposal be brought back to the Municipal
Works Committee for further discussion regarding the options that are available. Carried Unanimously.
The Director of Community Services advised that Council at the October 18, 1993 meeting referred
the matter to the Parking & Traffic Committee and that staff was requested to bring hack a report
regarding the matter.
Following further discussion, it was ORDERED on the motion of Alderman Germane, seconded by
Alderman Susin, that Council approve the original Recommendation in Report B93-51 which requests that
Council approve the construction of a parking facility for the Senior Citizens Coronation Centre on a
vacant parcel of City-owned land located on the south east corner of Summer Street and Lowell Avenue.
The motion Carried with Aldermen Cowan, Janvary and err voting contrary to the motion and with all
others voting in fuvour.
Oueen Street Pick Up and Delivery
Alderman Pat Cummings addressed the matter of pick up and deliveries by Brinks Securities and
other companies on Queen Street, which blocks off traffic.
It was requested that the DirecWr of Buildings & Inspections bring the matter to the attention of the
Commissionaires.
Annual Christmas Ughtlng
Alderman Paisley Janvary informed that preliminary judging of the annual Christmas lighting will
be held next week.
Wall of Fame Ceremonies
Alderman Paisley lanvary stated that the Wall of Fame ceremonies would be held on January 9,
1994 and that the Aldermen would be receiving a letter of invitation.
?.
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Casino Pilot Project
His Worship Mayor Thomson provided information on a meeting and a brief which was presented
to the Minister, the Honourable Marilyn Churley, on December 13, 1993 in Toronto, respecting a pilot
project for a casino in Niagara Falls; and the lack of response to the proposal.
It was moved by Alderman Susin, seconded by Alderman Hendershot, that the meeting be
adjourned. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
SPECIAL COUNCIL MEETING
Committee Room 2
December 15, 1993
Council met on Wednesday, December 15, 1993 at 9:30 p.m. for the purpose of considering
the ratification of Finance Committee matters. All members of Council were present. His Worship
Mayor Thomson presided as Chairman.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Cummings and Shetar indicated a pecuniary interest on Report F~93-49, Cheque No.
because they are employed by the company.
REPORTS
F-9349 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the
accounts totalling $612,946.14 for the period ending December 13, 1993, be approved by the passing of
the by-law appearing later on the agenda.
Additional information was provided on Cheque Nos. 12, 18, 24, 25, 69 and 127.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Puttick, that the report be
received and adopted. The motion Carried with Aldermen Cummings and Sharar abstaining from the vote
on conflicts of interest previously noted and with all others voting in fuvour.
See By-law No. 93-285
RATIFICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that the actions
taken with regard to Report FC-93-36, 1994-1998 Capital Construction Program be approved. The
motion Carried with Alderman Susin declaring a conflict of interest with respect to the
Morden/Warden/Arthur area and Alderman Germane declaring a conflict of interest with respect to the
StamfordlMcRae Area.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the actions taken
as listed below with respect to Report FC-93-35, 1994 Current Operating Budget, be approved.
Carried.
To approve funding in the mount of $1,500 to Cuvea 1994 providing this amount is matched by
a local hotel. Alderman Hendershot declared a conflict of interest as a member of his family
works at one of the wineries involved in this function. Defeated.
To approve funding in the mount of $1,500 for the Grape & Wine Festival. Defeated by Chair's
tie-breaking vote.
To approve funding of $1,128,000 to Tourism Niagara but that no hiring of staff take place for
six months and the City staff will do a review and assist in identifying administrative
inefficiencies. Following discussion, Alderman Handershot withdrew his suPPort ofthe motion.
To approve Tourism Niagara in principle and they will work with the different groups and City
staff, establish their structure, location and budget, and submit a formal proposal in writing to
City Council. The motion Carded with Alderman Cummings declaring a conflict of interest with
respect to Niagara Promotion Association; and with Alderman Puttick opposed,
That staff bring forth a report on assessment at Niagara Parks Commission and the International
Bridges, ~Carried.
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6. That the interest charges on tax arrears be such that they pay the cost of our borrowing the money
plus the administration costs for collection. Defeated.
7. To approve Section 2 of the 1994 Current Operating Budget, Executive Summary - Revenue. The
motion Cltrried with Alderman err declaring a conflict of interest with respect to Niagara
College, Grants in Lieu.
8. To approve Report F-93-50, Memberships and Associations. The motion Carried with Aldermen
err and Susin opposed.
9. To approve Section 20 of the 1994 Current Operating Budget, 1994 Conference and Convention
Schedule. The motion Carried with Alderman err opposed.
10. To transfer $1,200 from Account 10011 Mayor's Ambassador Meetings to Account 10002
~ Mayor's Contingency. The balance of $1,800 remaining in Account 10011 Mayor's Ambassador
Meetings is to be straek from the budget. Carried.
11. To reduce the amount in Account 10112 Telephone to $70,000 from $73,000. Carried.
12. To approve Section 4 of the 1994 Current Operating Budget, Council and General Government,
with the amendments noted to accounts 10011, 10112 and 10002. Carried.
13. To approve Section 5 of the 1994 Current Operating Budget, Community Services - General
Administration. Carried.
14. To approve Section 6 of the 1994 Current Operating Budget, Fire. The motion Cltrried with
Alderman Susin declaring a conflict of interest as his son is a volunteer firefighter.
15. To approve Section 7 of the 1994 Current Operating Budget, Building and Inspection. Carried.
16. To place $60,000 in the budget under Account 625 Winter Maintenance and to refer back to the
Director of Municipal Works for alternatives. (,7-ttrried.
17. To put $21,000 back in to Account 410 Crack Sealing. Defeated.
18. To approve Section 8 of the 1994 Current Operating Budget, Municipal Works, with the
amendment previously noted to Account 625. Carried.
19. To approve Section 9 of the 1994 Current Operating Budget, Recreatio~ Commission. The
motion Carried with Alderman Cummings declaring a conflict of interest with respect to the
Stamford Centre Volunteer Firefighters' Association.
20. To approve Section 10 of the 1994 Current Operating Budget, Arts and Culture Commission. The
motion Carried with Aldermen Cowan and err opposed.
21. To approve Section 11 of the 1994 Current Operating Budget, Parks and Recreation. Carried.
22. To approve Section 12 of the 1994 Current Operating Budget, Cemeter!es. Carried.
23. To approve a grant in the amount of $12,000 for Information Niagara. The motion Carried with
Aldermen Handershot and Janvary opposed.
24. To approve a grant in the amount of $80,000 to the Social Planning Council. Motion Carried
with 4 opposed.
25. To approve a grant in the mount of $68,000 to Project Share. The motion ~larrled with
Aldermen Craitur, Janvary and Sherar opposed.
26. To remove the budgeted Contingency in the amount of $4,300. Carried.
27. To fund the Board of Museums at their 1993 level. !)ef~t~.
28.
To fund the Board of Museums at their 1994 request of $73,500. The motion Carried with
Alderman err voting contrary to the motion to fund the Board of Museums at their 1994 request
of $73,500.00.
29.
To approve Section 13 of the 1994 Current Operating Budget, Grants, Library and Museum, with
the noted changes to the grants for Information Niagara, the Social Planning Council and Project
Share and the removal of contingency funding. The motion Carried with Alderman Craltor
declaring a conflict of interest with respect to the Occupational Help Centre.
30.
To approve Section 14 of the 1994 Current Operating Budget, Animal Control. Alderman Cowan
declared a conflict of interest as he is employed by the Niagara Falls Humane Society. Carried.
31.
To approve Section 15 of the 1994 Current Operating Budget, Transit. The motion Carried with
Alderman Susin opposed to that portion of the Niagara Transit Budget dealing with fare increase.
32.
To reduce the 1994 funding to the Niagara Falls, Canada Visitor & Convention Bureau in the
amount of $80,000. The motion Carried with 2 opposed.
33.
To approve Section 16 of the 1994 Current Operating Budget, Planning and Development, as
amended by the reduction of $80,000 m the Niagara Falls, Canada Visitor & Convention Bureau.
The motion Carried with Alderman err opposed to that portion dealing with the Festival of
Lights, The Niagara Fails, Canada Visitor & Convention Bureau and The Economic Development
Agency.
34. To approve Section 17 of the 1994 Current Operating Budget, Renewal. Carried.
35.
To approve Section 18 of the 1994 Current Operating Budget, Financial. The motion Carried
with Alderman Hendershot declaring a conflict of interest with regards to that portion dealing with
Employee Benefits.
36.
To have staff contact the Regional Municipality of Niagara and obtain their input with reference
to Employee Benefits. The motion Carried with Alderman Susin opposed to that portion dealing
with interest charges.
ORDERED by Alderman Hendershot, seconded by Alderman Handershot, seconded by Alderman Puttlck,
that the actions taken with respect to Flareborn Downs be approved and to have staff draw up an
agreement to establish a pari-mutual betting room at the Sheraton Fallsview and the SkyIon Tower. The
motion Carried with Aldermen Craitor, err, Sherar, and Susin opposed.
ORDERED on the motion of Alderman Handershot, seconded by Alderman Shetar, that leave be granted
to introduce the following by-law and the by-law be read a first time.
93-285 A by-law to authorize monies for General Parposes (December 13, 1993).
The motion C~rried with Aldermen Cummings and Sherat' abstaining from the vote on By4aw 93-285
on conflicts of interest previously recorded and all others voting in fayour.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the following
by-law now be read a second and third time.
93-285 A by-law to authorize monies for General Parposes (December 13, 1993).
The motion r.~ with Aldermen Cummings and Shetar abstaining from the vote on By-law 93-285
on conflicts of inter,st previously rex, orded and all others voting in fayour.
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UNFINISHED BUSINESS
MW-93-250 - Chief Administrative Officer - Re: Computer Network File Server - Service Centre;
Quotation #215-93. The report recommends that the quotation submitted by VAS Value Added Systems
Inc., Mississauga, Ontario for the purchase of a Computer Network File Sewer for the Stanley Avenue
Service Centre at a cost of $17,991.75 including all taxes be approved.
This matter was deferred from the December 13, 1993 Council Meeting pending further information.
Alderman Puttick conveyed his findings to Council with respect to this matter and confirmed that he was
prepared to support the purchase of the Computer Network File Server.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan, that Report MW-93-250
be approved. The motion C~rried.
Senior Citizens Parking
ORDERED on the motion of Alderman Ward, seconded by Alderman Puttick, to reconsider and defer
the report on parking at the Senior Citizens Coronation Centre pending a report from the Parking and
Traffic Committee. ~
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Shetar, that tho meeting be
adjourned. Carried Unanimously.
READ AND ADOFrED,