2004/10/04CORPORATE SERVICES COMMITTEE
Boys Girls Club of Niagara
The matter dealing with The Boys Girls Club of Niagara, was postponed at the
request of the organization.
TWENTIETH MEETING
REGULAR MEETING
Council met on Monday, October4, 2004 at 7:00 p.m. for the purpose of considering
Regular Business matters. All members of Council, with the exception of Alderman Kerrio,
were present. Alderman Carolynn loannoni offered the Opening Prayer.
0 Canada
Ms. Brittany Owens, a grade 9 student from St. Michael's High School sang the
National Anthem.
Mayor Salci indicated a pecuniary interest on Report F- 2004 -55, Cheque
No. 286978 because he is the recipient.
Council Chambers
October 4, 2004
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Morocco, seconded by Alderman Campbell, that
the Minutes of the Planning /Regular Council meeting of September 20, 2004 be approved
as printed. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman loannoni indicated a pecuniary interest on Report F- 2004 -53, Cheque
286641 from the September 20, 2004 meeting, because she is the recipient.
Alderman Morocco indicated a pecuniary interest on Report F- 2004 -55, Cheque
Nos. 286785 and 286786 because her spouse is the recipient, and indicated a pecuniary
interest on Cheque No. 286948 because the recipient is her contract place of employment.
Alderman Wing indicated a pecuniary interest on Communication No. 169, because
she is a CUPE member and on Reports R- 2004 -58 and PD- 2004 -90 from the Community
Services Committee on September 20, 2004 because she owns property with a Niagara
Parks employee.
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DEPUTATIONS
Heart Niagara
Dr. Stafford Dobbin, Heart Niagara, provided a brief overview on the current state
of cardiac services in Niagara, the lack of Provincial funding and the limited access to
cardiac rehab.
Following the presentation, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Morocco, that a resolution be forwarded to the Minister of Health
and our MPP, expressing Council's concerns regarding the lack of funding for cardiac
services in the Niagara Region and the limited access to cardiac rehab for the local
population. Carried Unanimously.
Active Transportation Pilot Project
Ms. Lisa Gallant of Healthy Living Niagara and Ms. Marian Landry of the
Regional Niagara Public Health Department, provided information on an active
transportation pilot project which promotes active transportation, also known as human
power, involving community physical activity as a means to improved community health.
Council was advised that municipalities needed to confirm their interest by October
8, 2004, as the Pilot project was to take place on November 22, 2004 and requested
Council's support and participation in the program.
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Report R- 2004 -65 Proposal for Active Transportation Pilot Project. The report
recommends that Council support a pilot program, Active Transportation in partnership with
Healthy Living Niagara and Go For Green, which will assist the City of Niagara Falls in
moving toward becoming an active municipality.
ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
Alderman Carolynn loannoni expressed an interest in participating in the program.
Fire Prevention Week
His Worship Mayor Salci advised that October 3r to October 9 2004 was "Fire
Prevention Week" and he presented Chief Patrick Burke with a Fireman's helmet that had
been used during the September 11 2001 recovery efforts in New York City,
October 4, 2004 Council Minutes
MAYOR'S REPORTS, ANNOUNCEMENTS. REMARKS
His Worship Mayor Salci referred to the following events: the 2nd Annual Pink
Ribbon Breakfast for Breast Cancer Awareness, the "Turn the Falls Pink" with the Estee
Lauder illumination event, the Ontario and New York State Shriners conference, the Hindu
celebrations honoring the birth of Mahatma Gandhi, City's Coffee Break for the Alzheimer
Society, the performance of the Nathaniel Dett chorus at the Niagara Concerts series.
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October 4, 2004 Council Minutes
His Worship Mayor Salci advised that the Downtown Community Improvement
Workshop Council Information Session would be held on October 6, 2004, from 4:OOp.m.
-6:00 p.m. in Committee Room #2A and that the Rural Residents forum would be held on
October 23, 2004 from 1:00 4:00 at the Willoughby Fire Hall;
His Worship Mayor Salci read a letter of thanks from Ms. Stephanie Pang who
attended the Global Young Leaders Conference in Eastern Europe.
His Worship Mayor Salci advised that the following employees had resigned from
the Corporation of the City of Niagara Falls to pursue other employment opportunities: Mr.
Paul Pingue, Assistant City Solicitor; Mr. Stephen Gruninger, Accounting Supervisor and
Mr. David Heyworth, Manager of Policy Planning and he wished them well in their future
endeavours.
COMMUNICATIONS
Communication No. 169 CUPE, Ontario (Ontario Division Canadian Union of Public
Employees) Re: Proclamation. The communication requests that Council proclaim
Wednesday, October 27, 2004 as Child Care Worker Early Childhood Educator
Appreciation Day.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the
request be approved. The motion Carried with Alderman Wing abstaining from the vote on
a conflict of interest previously noted and with all others voting in favour.
Communication No. 170 Niagara Falls Public Library Re: Proclamation. The
communication requests that Council proclaim the week of October 18`" to October 24
2004 as Ontario Public Library Week in Niagara Falls.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the
request be approved. Carried Unanimously.
Communication No. 171 Fire Services Re: Proclamation. The communication
requests that the week of October 3" to October 9` 2004 be proclaimed as Fire
Prevention Week.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the
request be approved. Carried Unanimously.
Communication No. 172 Brian Wilkie, President, Niagara Falls Hydro Re:
Execution of three annual resolutions. The communication requests that the
shareholder, The City of Niagara Falls, execute the three annual resolutions of the
shareholder for the three Niagara Falls Hydro Corporations, which are: Niagara Falls Hydro
Holding Corporation; Niagara Falls Hydro Inc.; and Niagara Falls Hydro Services Inc.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the
request be approved. Carried Unanimously.
UNFINISHED BUSINESS
PD- 2004 -84 Chief Administrative Officer Proposals to Expand Buildings
Located on the Sodom Road and Oliver Street Road Allowance. The report
recommends that Council not support the request to authorize amendment application for
the road ends of the Oliver Street road allowance.
Mr. Wayne Thomson, on behalf of Mr. Ralph Terrio, advised that his client had only
owned the property for the past few years and that he wished to make improvements. He
indicated that what was proposed was a small addition to utilize the property for
seasonal /summer use only. Mr. Thomson requested that staff look into the matter of
whether there was an opportunity for a Committee of Adjustment application instead of a
re- zoning application.
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October 4. 2004 Council Minutes
Following the discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Diodati, that Council support the request to authorize amendment
application for the road ends of the Oliver Street road allowance, without prejudice. Carried
Unanimously.
REPORTS
PD- 2004 -92 Chief Administrative Officer Re: Ashton Heights Draft Plan of
Condominium, File: 26CD -11- 2004 -02, Owner: Niagara Union Property Development
Inc. The report recommends the following:
1. That the Ashton Heights Plan of Condominium be draft approved subject to the
conditions in the attached Appendix;
2. That the Mayor or designate be authorized to sign the draft plans as "approved" 20
days after notice of Council's decision has been given as required by the Planning
act, provided no appeals of the decision have been lodged;
3. That draft approval be given for three years, after which approval will lapse unless
an extension is requested by the developer and, subject to review, granted by
Council.
ORDERED on the motion of Alderman Wing, seconded by Alderman Diodati, that the
report be received and adopted. Carried Unanimously.
PD- 2004 -93 Chief Administrative Officer Re: Appeal of Committee of Adjustment
Decisions, Consent Applications B48/20041NF to 66112004 /NF (Inclusive), Niagara
21" Group Inc., Ailanthus Avenue (West Side) The report recommends that Council
authorize filing an appeal to the conditions of approval for Consent Applications
B48/2004/NF to B61/2004/NF (inclusive).
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Communication No. 172 Italia Gilberti, Broderick Partners. The communication
advises that her client has agreed to provide the 1.5 metre (5 foot) road widening as
requested by staff along the frontages of each of the severed lots.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that the
report be received and adopted. Carried Unanimously.
PD- 2004 -94 Chief Administrative Officer Matters Arising from the Municipal
Heritage Committee Meeting. The report recommends the following:
1. That City Council approve, in principle, a designated property grant for two- thirds
of the eligible costs to restore the front porch of 6151 Culp Street, as outlined in the
report;
2. That City Council approve the replacement of the asphalt shingles roof on the
Chippawa Town Hall, as outlined in the report;
3. That City Council defer consideration of the request to designate Cummington
Square as being of cultural heritage value until the Heritage Master Plan is
completed and adopted.
ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that
Council approve Recommendation #1 and Recommendation #2 as presented in the report.
Carried Unanimously.
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October 4. 2004 Council Minutes
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that
Recommendation #3 in the Recommendation Report be deferred. The motion was
Defeated with Aldermen Campbell, Diodati, loannoni Wing voting contrary to the motion.
On the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that
Mr. Don Ede be permitted to address Council. Carried Unanimously.
Mr. Don Ede, on behalf of the Village of Chippawa Citizens Committee, advised that
his Committee has requested that Cummington Square be designated as a property of
Cultural heritage value as part of the City's 100 th anniversary celebrations and that a
plaque be erected at Cummington Square in recognition of its significance.
Mr. Fred Skinner, Navy Club advised that the Navy Club was in full support of the
designation.
In response to questions raised, the City Clerk advised that the matter had been
dealt with in the past and had been referred to the Heritage Master Plan. It was indicated
that a plaque could be erected recognizing the importance of Cummington Square.
The Director of Parks, Recreation and Culture commented that the Square is City
property and the protocol dealing with Cummington Square has been to consult with the
Chippawa Legion. She stated that the Legion had expressed the view that they be the only
organization that staff deals with regard to Cummington Square.
The Director suggested that an "Adopt a Square" program could be adopted and
that the Chippawa had already requested a plaque be erected at Cummington Square to
indicate the area's historical importance. She advised that staff were working on the
content and wording for such a plaque.
Following some discussion, it was ORDERED on the motion of Alderman loannoni,
seconded by Alderman Wing, that the matter of referring the possible designation of
Cummington Square to the Heritage Master Plan be reconsidered. The motion Carried
with the following requested recorded vote:
AYE: Alderman Campbell
AYE: Alderman Diodati
AYE: Alderman loannoni
AYE: Alderman Morocco
AYE: Alderman Pietrangelo
AYE: Alderman Wing
AYE: Mayor Salci
NAYE: Alderman Volpatti
In response to questions raised, the Director of Parks, Recreation and Culture
advised that the Heritage Master Plan would be available in the fall.
ORDERED on the motion of Alderman loannoni, seconded by Alderman Campbell,
that the matter be deferred until the representatives from the Legion could attend. The
motion Carried with Alderman Wing voting contrary to the motion and with all others voting
in favour.
Prior to dealing with further Council matters, Alderman Selina Volpatti expressed her
appreciation to the Recording Secretary of Community Services Committee, Mrs. Marianne
Tikky and to Council Secretary, Mrs. Barbara Muir for their secretarial support to members
of Council.
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the
actions taken in Community Services Committee, earlier this evening, be approved:
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October 4, 2004 Council Minutes
1. Adoption of the Minutes of September 20, 2004 Community Services Committee;
2. That the water be directed to the west this Fall and that a preferred solution for the
McLeod Road Drainage Project be determined for the entire drainage use;
3. That the installation of sidewalks in the Culp Street/Corwin Avenue area be installed
at various locations and widths;
4. That a parking restriction at all times be implemented on the west side of Baldwin,
Avenue and that staff prepare a report regarding the feasibility of installing a parking
lot at Mulhern Park;
5. That the Parking Demand Analysis Results for 5709 Victoria Avenue be accepted;
New Business:
1. That $200,000 be approved for emergency sewer repairs;
2. That staff report backing outlining onsite parking needs of Spicoli's Cafe and noting
if there is sufficient parking to support the outdoor patio;
3. That staff investigate and report on the City's current Garage Sale policy;
4. That the Loose Leaf Pickup Program be reinstated and notice be published in the
paper;
5. That a Terms of Reference be prepared for the Armoury Committee, and that a
Terms of Reference be established for all new Committees.
The motion Carried with Aldermen Wing, loannoni and Morocco voting contrary to the
"value for money" audit and with all others voting in favour.
MW 2004 151 Chief Administrative Officer Re: 5440 Drummond Road. The report
recommends that this report be received and filed.
ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that a letter
be forwarded to the Region supporting the residents. Carried Unanimously.
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE
APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET.
THE SINGLE MOTION WILL SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE
MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY.
ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that Report
CD- 2004 -21 and Report R- 2004 -68 be removed from the Consent Agenda for discussion.
Carried Unanimously.
CD- 2004 -21, Committee Protocol that Council adopt the proposed Committee Protocol
and that copies be distributed to members of advisory committees and staff involved with
those committees.
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Following some discussion, it was ORDERED on the motion of Alderman Wing,
seconded by Alderman loannoni, that Standing Committee Chairs be appointed by
Council. The motion Carried with Alderman Morocco voting contrary to the motion and with
all others voting, in favour.
ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that Report
CD- 2004 -21 be received and adopted. Carried Unanimously.
Alderman Volpatti vacated Council Chambers.
ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, to
approve the appointment of Alderman Wayne Campbell as Chair of the Corporate Services
Committee. Carried Unanimously.
R- 2004 -68, Ontario Heritage Foundation Award and Armoury that Council approve the
nomination selected by the Arts and Culture Committee for the Heritage Community
Recognition Program and that the nomination be forwarded to the Ontario Heritage
Foundation.
Following some discussion, it was ORDERED on the motion of Alderman Wing,
seconded by Alderman Morocco, that the report be received and adopted. Carried
Unanimously.
Alderman Volpatti returned to Council Chambers.
October 4, 2004 Council Minutes
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the
balance of the Consent Agenda be approved. Carried Unanimously.
F- 2004 -55 Municipal Accounts that Council approve the municipal accounts totaling
$4,008,354.68 for the period September 8, 2004, to September 21, 2004;
FS- 2004 -17 Agreement with Fire Monitoring Technology Inc. To allow "open access" fire
alarm monitoring and notification that Council authorize the Mayor and the City Clerk to
sign an agreement with Fire Monitoring Technology Inc. To allow for "open access" fire
alarm monitoring by Niagara Falls Fire Services. The agreement will be subject to the
review and approval of the City Solicitor;
L- 2004 -42, Policy and Procedural Manual; Legal Services; Section 600 that Council
approve Section 600 of the Policy and Procedural Manual "Policy Manual being Legal
Services policies and procedures;
MW- 2004 -146 Contract 2004 138 -04 Asphalt Pathways Victoria Avenue Sidewalk
Extension that the unit prices submitted by the low tenderer, Norjohn Limited, be
accepted;
R- 2004 -63 Request for Willoughby Township Signage that Council support the request
made by the Willoughby Historical Society to have the Region install at their cost, two (2)
identification signs on Sodom Road (City of Niagara Falls, Willoughby Township);
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October 4, 2004 Council Minutes
R- 2004 -64 Firemen's Park Youth Activity Area Landscape Development Tender TR 21-
2004 that Tender TR21 -2004 for the landscape development of the Firemen's Park Youth
Activity Area be awarded to Touchstone Site Contractor's Inc., of St. Catharines, for a total
cost of $104,084.25 including taxes;
R- 2004 -67 Actions Stemming from the Sports Wall of Fame Committee Meeting of
September 8, 2004 that Council approve a change in the Sports Wall of Fame
Constitution dealing with Era's of recognition and the addition of the Gloria Sorley's Curling
Team for recognition at the 2004 Sports Wall of Fame Induction Ceremony.
See By -law No. 2004 -185
BY -LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that
leave be granted to introduce the By -laws and the By -laws be read a first time:
2004- 181 A by -law to amend by -law No. 2002 -081, being a by -law to appoint City
employees, agents and third parties for the enforcement of provincial or
municipal by -laws.
2004 -182 A by -law to establish parts 1 and 2 on Reference Plan 59R -12413 as a public
highway, to be known as and to form part of Dunn Street.
2004 -183 A by -law to amend by -law 79 -200, to permit the existing building to be used
for a dwelling unit and either a martial arts school, a dance or music studio,
a calisthenics studio or an art studio. (Re: AM- 33/2004, Margaret Elizabeth
Pinter)
2004 -184 A by -law to amend By -law No. 89 -200, being a by -law to regulate parking
and traffic on City Roads (Stop Signs at Intersections)
2004 -185 A by -law to authorize monies for General Purposes (October 4, 2004)
2004 -186 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 4 day of October, 2004.
The motion Carried Unanimously.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that
the By -laws be now read a second and third time:
2004 -181 A by -law to amend by -law No. 2002 -081, being a by -law to appoint City
employees, agents and third parties for the enforcement of provincial or
municipal by -laws.
2004 -182 A by -law to establish parts 1 and 2 on Reference Plan 59R -12413 as a public
highway, to be known as and to form part of Dunn Street.
2004 -183 A by -law to amend by -law 79 -200, to permit the existing building to be used
for a dwelling unit and either a martial arts school, a dance or music studio,
a calisthenics studio or an art studio. (Re: AM- 33/2004, Margaret Elizabeth
Pinter)
2004 -184 A by -law to amend By -law No. 89 -200, being a by -law to regulate parking
and traffic on City Roads (Stop Signs at Intersections)
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2004 -185 A by -law to authorize monies for General Purposes (October 4, 2004)
2004 -186 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 4'" day of October, 2004.
The motion Carried Unanimously.
NEW BUSINESS
Posting of Election Statements
Alderman Carolynn loannoni referred to correspondence received in Council's
September 20`" Information for Council package and requested that the Statements of the
2003 Election Statements of the Council members be scanned and posted on the City's
website.
Following the discussion, it was ORDERED on the motion of Alderman
Pietrangelo, seconded by Alderman Volpatti, that the matter of posting the 2003 Election
Statements on the City's website be deferred. The motion Carried with Aldermen loannoni
and Wing voting contrary to the motion and with all others voting in favour.
Appreciation Fall Tea
Alderman Wayne Campbell extended an invitation to members of Council and the
community to an "Appreciation Fall Tea" being held on October 7, 2004 from 12:30 to 2:30
at Stamford Collegiate.
Signs posted on telephone poles
Alderman Jim Diodati expressed concerns regarding signs being posted on
telephone poles and light standards.
Staff provided information on the removal and enforcement of this matter.
Greater Niagara General Hospital E.R. Campaign
ORDERED on the motion of Alderman Morocco, seconded by Alderman loannoni, that Kim
Craitor, M.P.P. be invited to attend a future Council meeting to address the GNGH E.R.
campaign. Carried Unanimously.
75 Anniversary of Oakes Park
ORDERED on the motion of Alderman Morocco, seconded by Alderman Diodati, that staff
look at recognizing the 75`" anniversary of Oakes Park in 2005. Carried Unanimously.
October 4, 2004 Council Minutes
READ AND ADOPTED,
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Niagara Falls 100"' Birthday
Alderman Jim Diodati referred to the City's 100` birthday and commented that the
City should hold a large birthday celebration to commemorate this one -time event.
Following some discussion, it was ORDERED on the motion of Alderman
loannoni, seconded by Alderman Wing, that Alderman Jim Diodati chair a sub committee
for a Niagara Falls 100` birthday celebration. Carried Unanimously.
ORDERED on the motion of Alderman Morocco, seconded by Alderman Campbell, that
the meeting be adjourned. Carried Unanimously.
October 4, 2004 Council Minutes
D'AN IOR IDA, TY CLERK R. T. (TED) SALCI, MAYOR