Minutes 1999FIRST MEETING
COMMITTEE-OF- THE WHOLE
Committee Room #2
January 11, 1999
Council met on Monday, January 11, 1999 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 Feren, who was away on vacation, were present. Alderman Janice Wing
presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
PLANNING MEETING
Counc~ Chambers
January ff, 1999
Council met on Monday, January 11, 1999 at 7:00 p.m. for the purpose of
considering Planning/Regular Business matters. All members of Council, with the
exception of Alderman Orr, who was away due to illness and Alderman Feren, who was
away on vacation, were present. Alderman Pat Cummings offered the Opening Prayer.
Prfor to dealing with Planning matters, His Worship Mayor Thomson presented a
token of appreciation to Ms. Carrie Roseborough for her civic involvement and diligent
attendance at the Council meetings.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Wing indicated a pecuniary interest on Report F-99-01, Cheque No.
241919 because she is Chairof the affiliate group; and on Cheque No. 242257 because
she is a member of the recipient group.
Alderman Cummings indicated a pecuniary interest on Report F-99-01, Cheque
No. 242259 because the recipient is Acres.
Alderman Pietrangelo indicated a pecuniary interest on Communication No. 15
from the Corporation of the City of Nepean dealing with school funding; and on Report
F-99-01, Cheque Nos. M92526 and M92528 because he is employed by the School
Board.
Alderman Campbell indicated a pecuniary interest on Communication No. 15
from the Corporation of the City of Nepean dealing with school funding and on Report
F-99-01, Cheque No. M92528 because he is employed by the School Board.
Alderman Craitor indicated a pecuniary interest on Report F-99-01, Cheque Nos.
M92540; M92539; 242323; M92534; 242028; 242216; M92518; M92524 because a
member of his family is employed by the Region.
Mayor Thomson indicated a conflict of interest on a matter out of Committee-of-
the-Whole dealing with WSIB benefits.
DEPUTATIONS
Red Cross Winter Safe~ Campaign
Ms. Renate Martin, Branch Manager, Niagara Falls Red Cross, discussed the
Winter Safety Campaign launched by the Red Cross and provided information on how
to prepare for an emergency situation; displayed items to have on hand in the event of
an emergency; and thanked members and staff for the opportunity to address Council.
His Worship Mayor Thomson wished members of Council and staff all the best in
1999; and provided some highlights of 1998 and referred to the various projects and
developments expected in 1999.
Mayor Thomson referred to the tragic death of Michelle Calder Palinko who had
been struck by a train at the MorHson Street crossing and requested that a letter of
condolence be forwarded to the family; he further suggested that a letter be forwarded
to the representatives of the Canadian National Railway requesting the need for a
thorough investigation into the matter and into the issue of installing a pedestrian arm at
the crossing.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
a letter of condolence be forwarded to the family of the late Michelle Calder Palinko.
Carried Unanimously.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that a
letter be forwarded to the representatives of CN Railway requesting the need for a
thorough investigation into the matter and into the issue of installing a pedestrian arm
at the crossing. Cartfed Unanimously.
Mayor Thomson referred to the recent fire mishap at the home of Mr. & Mrs. John
VanKooten and requested that a letter be forwarded to Mr. John VanKooten and his
family wishing them a speedy recovery.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
a letter be forwarded to Mr. & Mrs. John VanKooten wishing them a speedy recovery.
Carried Unanimously.
UNFINISHED BUSINESS
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that
Report PD-99-09 be brought forward. Carfled Unanimously.
PD-99-09 - Chief Administrative Officer, Zoning By-law Amendment Application;
AM-35/98, 663848 Ontario Inc., Southeast Quadrant, Mountain Road & QEW. The
report recommends that Council affirm its adoption of the recommendations contained
in the attached report PD-98-152.
- AND -
Communication No. 01 - Regional Niagara, Planning and Development
DepartmenL The communication advises as having no objection to the approval of the
application.
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 Notice of the Public Meeting had been given in
accordance with Regulations on December 22, 1998.
His Worship Mayor Thomson received indication that Mr. Fred Paul, was in
attendance 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with
the assistance of posted sketches; advised that the lands are designated for tourist
development and the amendment would allow for tourism and highway purposes;
advised that the Ministry of Transportation's concerns regarding the egress and ingress
onto the site had been addressed and stated that staff was recommending Council affirm
its adoption of the recommendation report.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a
negative response in opposition to the application.
Mr. Fred Paul, Hyde & Associates, commented that this was a good
development and requested that Council support the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-35-98 closed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the application be received and adopted. Carfled Unanimously.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the communication be received and filed. Carfled Unanimously.
PD-99-Of - Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-37/98, Niacon Construction (Chris Hawkswell) 2233 Stanley
Avenue. The report recommends the following:
That Council approve the Zoning By-law amendment application, as noted in this
report, which will permit the land to be used for light industrial purposes;
That the amending by-law be presented to Council after the Ministry of Natural
Resources has lifted the aggregate licence for the land.
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 Notice of the Public Meeting had been given in
accordance with Regulations on December 11, 1998.
His Worship Mayor Thomson received indication that Mr. Patrick Robson, was in
attendance on behalf of the applicant and received a negative response to his request
for a show of hands by oersons 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with
the assistance of posted sketches; reviewed the information contained in the
Recommendation Report and the Public Notification Process and advised that staff were
recommending approva! of the report.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a
negative response in opposition to the application.
Mr. Patrick Robson advised that the applicant was looking to bring a tasteful,
and pleasing developrr!{;nt into the area and requested Council°s support of the
application. ~
Since no further cGmments were forthcoming, His Worship Mayor Thomson
declared the Public Meeti,~g with regard to Application AM-37-98 closed.
ORDERED on the motion of Alderman Creitor, seconded by Alderman Campbell, that the
application be received and adopted. Carried Unanimously.
PD-99-02 - Chief Adntinistrative Officer- Re: Zoning By-law Amendment
Application; AM-40/98, Part of Township Lot 164; West side of Kalar Road; South
of Hydro Corridor; Proposed Place of Worship. The report recommends the following:
That Council approve this application to permit the development of a proposed
Roman Catholic church conditional on: 1) the applicant paying $3,950 for the
future construction of a sidewalk along Kalar Road; 2) that a 10.0 ft. road widening
being dedicated to the City.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning AcL
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on December 11, 1998.
His Worship Mayor Thomson received indication that Mr. Brian Sinclair, Solicitor
was in attendance on behalf of the applicant and received a negative 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with
the assistance of posted sketches; reviewed the information contained in the
Recommendation Report and advised that staff were recommending approval of the
application.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a
negative response in opposition to the application.
Mr. Brian Sinclair thanked staff members for their assistance in the matter.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-40-98 closed.
ORDERED on the motion of Alderman Fisher, seconded by, Alderman Pietrangelo, that
the application be received and adopted. Carried Unanimously.
PD-99-03 - Chief Administrative Officer - Re: Official. Plan and Zoning By-law
Amendment Application; AM-44/98; Philip Wiebe, 5872 Thorold Townline Road.
The report recommends the following:
That Council approve the Official Plan amendment application to incorporate
general policies for home industries in the agricultural and rural sections of the
Official Plan;
That Council approve the Zoning By-law amendment to site specifically permit the
establishment of a meat/smoke shop as a home industry on the subject property
on Townline Road.
- AND -
Communication No. 02 - The Regional Municipality of Niagara. The communication
advises as having no objections to the rezoning, subject to the comments in the
communication.
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 Notice of the Public Meeting had been given in
accordance with Regulations on December 11, 1998.
His Worship Mayor Thomson received indication that the applicant Mr. Philip
Wiebe, was in attendance and received a negative 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting Could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with
the assistance of posted sketches and reviewed the information contained in the
Recommendation Report.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a
negative response in opposition to the application.
In response to questions raised, the Director of Planning and Development
commented that the concerns in the Region's correspondence had been referred to in
the Recommendation report.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-44-98 closed.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Puttick, that the
report be received and adopted. CatTied Unanimously.
PD-99-04 - Chief Administrative Officer - Re: Official Plan and Zoning By-law
Amendment Application; AM-24/97; Eagle Valley Golf Course Inc. (Mario lafrate);
Northeast corner, Mountain Road and SL Paul Avenue;. The report recommends the
following:
That Council approve the request to have the designation of the majodty of the
lands changed to Open Space and to have special policies applied to these lands
to: i) ensure that the remaining sand and gravel resoume is protected; ii) to pert,it
the golf course to be expanded as part of an approved rehabilitation plan; and iii)
to permit part of the lands to be considered for a residential plan of subdivision if
supported by appropriate studies;
That Council approve the request to have the designation of approximately 1.5
hectares of land changed to Residential which wilI permit the construction of an
apartment building with 10,000 square feet of nei~hbourhood commercial space
on the ground floor, but deny the request to have special policies applied to these
lands which would permit the apartment building tq be 10 storeys (45 metres) in
height;
3. That Council approve the two Zoning By-law amendments, as noted in this report,
i) to report the existing golf course and ancilla!}, restaurant and permit sand
and gravel extraction to continue until the goif course is allowed to expand;
ii) to permit the construction of a 6-storey apartment building having a
maximum building height of up to 19 met~s above the intersection of
Mountain Road and SL Paul Avenue, up to ';f50 dwelling units; and up to
10, 000 square feet of neighbourhood comm~!;rcial uses.
- AND - '
Communication No. 03 - Mr. Raymond L. Steele, 6542 January Drive. The
communication comments on the inappropriate land use; and suggests that architectural,
planning, traffic and need analysis studies be carried ouL
Communication No. 04 - Walker Community Development Corporation. The
communication comments on the proposed 10 storey building height and advises this to
be an inappropriate land use for the site; advises that the developer do a detailed
architectural study of the proposed building and impact analysis on the neighbourhood;
including a review of alternate uses other than a high rise; and hold a neighbourhood
meeting with all concemed parties prior to the issue coming before Council to attempt to
resolve any concerns.
Communication No. 05 - Kit and David Thompson, 6425 January Drive. The
communication expresses opposition to the development of 7 single-detached dwellings
and to the construction of a lO-storey apartment building and commercial space; and
expresses concerns on increased noise, increased traffic and increased demand for
water.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning AcL
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on December 11, 1998.
His Worship Mayor Thomson received indication that Ms. D'elia G/ass, 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with
the assistance of posted sketches and reviewed the information contained in the
Recommendation Report and indicated that the CNR would require the undertaking of
a noise and vibration analysis.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the, applicant or his agent, in support of the application and a
positive response in opposition to the application.
Mr. Mike Watt, Vice President and General Manager, Walker Community
Development Corporation on behalf of Neighbourhoods of St. David's
Development, advised as having no objections to the proposed development, but
expressed concems with respect to the height of the proposed apartment building;
expressed the view that this form of development was totally out of keeping with the area
and suggested that the applicant review an altemate building design. Mr. Watt requested
that he be involved in the' site planning process and that discussions be held with all
interested parties for a detailed review of the development.
Ms. D'elia Glass,, provided sketches of the front and back elevations of the
proposed condominium to Council; responded to concerns regarding the issue of the
building height, landscaping and treelines on the property; referred to the architectural
features of the building and advised that the expansion of the golf course would depend
on the approval of the other two projects.
The Director of Rlanning and Development provided clarification with respect to
the public notification process.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-24-97 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the matter be deferred in order that a meeting be scheduled with interested parties to
discuss the various concems and that the matter be brought back to Council. Carried
Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the correspondence be received and filed. Carried Unanimously.
PD-99-05 - Chief Administrative Officer- Re: Official Plan and Zoning By-law
Amendment Application; AM-39/98,' 4414 Portage Road; Proposed Outdoor Patio
and Bar. The report recommends th,~. following: That Counc~ approve this application
to permit the development of an outc ,)or patio and bar conditional on:
1)
the seating capacity of the pat, c~ being down-scaled in order to address concems
regarding parking:
the amending by-law not being drafted until the site plan is revised to reflect
concerns regarding parking, noise, on-site traffic circulation and the incorporation
of CN Ra~'s requirements;
the amending by-law include provisions to regulate the size and seating capacity
of the patio.
- AND -
Communication No. 06 - Gales Gas Bars Limited. The communication suggests that
a privacy fence be constructed along t,~e perimeter of Gales property along with a berm
to be constructed beside the Gale proi~,~rty; concems were expressed regarding drainage
in the area.
Communication No. 07 - TRG Insur~ance Brokers Inc. The communication expresses
the following concems: noise levels; c,t~;bris problems; vandalism and malicious damage;
unauthorized parking on their propefit:/ by patrons of the proposed bar and advises as
objecting to the application.
Communication No. 08 - Regional I~'iagars, Planning and Development Department.
The communication advises as havirl~ no objections to the approval of the app~cafion.
Communication No. 09 - Louise Peffiersm, 4553 Portage Road. The communication
strongly objects to the application for =a patio expansion of Chatters.
Communication No. 10 - Niagara l-'alls - Fort Erie Real Estate Association. The
communication advises as not oppo-c?,~g the expansion of the business in principle, but
expresses concems regarding the potential for after hours usage of their parking lot and
the potential for damage to their buildings and property.
Communication No. f I - Rhonda and David Petheram, 4573 Portage Road. The
communication expresses oppositior~ to the proposed construction of a bar and patio.
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 Notice of the Public Meeting had been given in
accordance with Regulations on December 11, 1998.
His Worship Mayor Thomson received indication that Mr. Bill 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with
the assistance of posted sketches and reviewed the information contained in the
Recommendation Report.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a
positive response in opposition to the application.
Mr. Donald C. DeLorenzo, Solicitor was in attendance on behalf of Mr. A/fred
Rampado, TRG, advised as not being opposed to the application, in principle; but
expressed a number of concerns: the number of patrons that would be utilizing the patio
area; the noise/eve/s; the egress and ingress of vehicles out of one parking exit;
unauthorized parking by patrons of the proposed bar; he requested that the matter be
deferred for further discussion prior to approval of the application.
Mr. Bill Amadio, Solicitor, provided a brief history of the property; reviewed the
proposal and compatibility with the area; addressed the following concems: noise levels;
screening, traffic; advised that the applicant was willing to work with CN to resolve the
berming issue and requested Councirs consideration of the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-39/98 closed
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
matter be deferred and referred to staff for further discussion. Carried Unanimously.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
correspondence be received and filed. CarTied Unanimously.
PD-99-06 - Chief Administrative Officer - Re: Request for Extension to Draft Plan
Approval; Grand-View River Estates; 26T-89022; Owners: Frank Franze & Partners.
The report recommends the following:
That a Council resolution supporting a one-year extension to draft plan approval
for the Grand-View River Estates Plan qf Subdivision be adopted conditional on
the applicant maintaining the appropriate subdivision sign on the property for
public information purposes;
2. That a copy of this report and the Council resolution be forwarded to the applicant
and the Regional Municipality of Niagara.
ORDERED on the motion of AIdell,an Janvary, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 03
PD-99-07 - Chief Administrative Officer - Re: Request for Extension to Draft Plan
Approval; Ascot Woods Extension 5 (Phase 3), 26T-89038 (Revised); Owners:
Ascot Woods Limited. The report recommends the following:
I I
10-
That a Council resolution supporting a one-year extension to draft plan approval
for the Ascot Woods Extension 5 (Phase 3) Plan of Subdivision be adopted
conditional on the applicant maintaining the appropriate subdivision sign on the
property for public information purposes;
2. That a copy of this report and the Council resolution be forwarded to the applicant
and the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 04
PD-99-08 - Chief Administrative Officer - Re: Request for Extension to Draft Plan
Approval; Mewburn Heights, 26T-93008 (Revised); Owner.' Canadian Niagara Hotels
Inc. The report recommends the following:
That a Council resolution supporting a one-year extension to draft plan approval
for the Mewbum Heights Plan of Subdivision be adopted conditional on the
applicant submitting a photograph to the City showing the appropriate subdivision
sign on the property for public information purposes;
That a copy of this report and the Council resolution be forwarded to the applicant
and the Regional Municipality of Niagara.
His Worship Mayor Thomson declared a conflict of interest and relinquished the
Chair.
Alderman Craitor assumed the Chair.
ORDERED on the motion of Alderman Volpatti, seconded by AIdennan Pietrangelo, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 05.
His Worship Mayor Thomson resumed Me Cha~
PD-99-10- Chief Administrative Officer- Amendment to the Site Plan Agreement
between the Ritz Motel Ltd., and the City; 5930 Victoria Avenue; SPC-40/98,
Proposed TGI Fridays RestauranL The report recommends that Council approve the
site plan for a proposed TGI Fridays restaurant at 5930 Victoria Avenue.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the report be received and adopted. Carried Unanimously.
PD-99-11 - Chief Administrative Officer- Re: Application for Site Plan Approval;
4726 Montrose Road; SPC-18/98; Proposed Expansion to NSM Fabricating. The
report recommends that Council approve the site plan for a proposed expansion to NSM
Fabricating at 4726 Montrose Road.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimously.
PD-99-12 - Chief Administrative Officer- Re: Application for Site Plan Approval;
6045 Stanley Avenue; SPC-31/98, Proposed Expansion to the Four Points Sheraton
Hotel The report recommends that Council approve the site plan for a proposed
expansion to the Four Points Sheraton Hotel at 6045 Stanley Avenue.
11
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the Planning/Regular Council Minutes of December 14, 1998, be adopted as prfnted.
Camed Unanimously.
COMMUNICATIONS
Communication No. f2 - Multiple Sclerosis Society of Canada- Re: Suspension of
the Niagara Falls Chapter. The communication comments on the motion passed by
Council regarding the suspension of the Niagara Falls Chapter of the Multiple Scleresis
Society of Canada.
ORDERED on the motion of Alderman Campbell, seconded by Alde~ii~an Cummings, that
the communication be received and filed for the information of Council. Carried
Unanimously.
Communication No. f3 - Heart & Stroke, Person to Person - Re: Proclamation. The
communication requests that Council proclaim the month of February, 1999 as Heart and
Stroke month; and that the Mayor and members of Council partake in a short flag passing
ceremony on Monday, February 1, 1999 prior to the Council meeting.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the request be supported subject to established policy. Carried Unanimously.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that
Report L-99-02 be brought forward. Canfed Unanimously.
L-99-02 - Chief Administrative Officer- Re: Closing and Declaring Surplus Walkway
between Edenwood Court and Green Boughs Road. The report recommends the
following:
That the walkway between Eden wood Court and Green Boughs Road, be stopped
up and closed;
That the said walkway, so closed, be declared surplus and notice be given to the
public that the property has been declared surplus to the City's needs and that
there is a proposed conveyance to the abutting owners, for nominal consideration,
plus costs;
That Transfers of Easements, for any required easements, be made prior to the
conveyance of the subject lands.
- AND -
Communication No. f4 - Ms. Sherry Bates, 7241 Edenwood Court.
communication requests clarification on certain topics in the correspondence.
The
i r
12 -
Alderman Volpatti requested that the Minutes reflect that she had no know/edge
of why the previous owners (Mr. & Mrs. Wilson) moved away or whether it was because
of the walkway in question.
His Worship Mayor Thomson received a negative response to his request as to
whether there was anyone in attendance who was interested in the matter.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. The motion Carried with Alderman Michalczyk voting
contrary to the motion and with all others voting in favour.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Michalczyk, that
the correspondence be received and filed. Carried Unanimously.
See By-law No. 99-03
See By-law No. 99-04
COMMUNICATIONS - cont'd.
Communication No. 15 - Corporation of the City of Nepean - Re: Resolution. The
communication requests that Council endorse a resolution urging the Provincial
government to review the current policy and criteria for funding for schools in Ontario;
and urging the Provincial govemment to provide adequate funding to build new schools;
and requesting that local school boards postpone any school closures until they, and
local municipalities have had an opportunity to study the full impact of closures on our
communities.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the request be supported. The motion Carried with Alde~i~en Campbell and Pietrangelo
abstaining from the vote on conflicts of interest previously noted and with all others voting
in favour.
Communication No. 16 - Town of Newmarket, Corporate Services Department - Re:
Installation of Carbon Monoxide Detectors. The communication requests Council support
of a resolution that the Province of Ontario be requested to amend the Ontado Building
Code to require the installation of carbon monoxide detectors in all residential dwelling
units.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the request be supported and that the requirements for the maintenance of carbon
monoxide detectors be placed under the Fire Code. Carried Unanimously.
Communication No. 17 - City of Port Colborne, Office of the Mayor - Re: Region of
Niagara Mid-Peninsula Transportation Corridor. The communication requests support
of a resolution requesting that the Premier of Ontario and the Minister of Transportation
that the Ministry of Transportation complete the "Niagara Frontier Gateway Study";
and that upon completion of the study and the Niagara Region's Strategic Planning Study
forthe Mid-Peninsula transportation corridor, to determine the most appropriate steps for
and commence the planning, environmental review and corridor designation process.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that
the matter be referred to staff of the Economic Development Department and the Visitor
and Convention Bureau. Carried Unanimously.
Communication No. 18 - Niagara Region International Women's Day Committee,
International Womens' Week '99 - Re: "Strike Out Violence in Our Communities"
Bowling Tournament. The communication requests that 4 members of Council be
selected to represent the Niagara Falls City Council team at the March 3, 1999 bowling
toumamenL.
13-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that Alderman Paisley Janvary be appointed team captain, with Aldermen Craitor and
Pietrangelo as team members and any other interested individuals to form a City team.
Carried Unanimously.
Communication No. 19 - Office of the Ontario Olympics Commissioner- Re:
Proposed bid of the City of Toronto to host the 29th Summer Olympic Games. The
communication requests Council support a Bill entitled '~n act to endorse the proposed
bid of the City of Toronto to host the 29th Summer Olympic Games".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
Council supports the proposed bid of the City of Toronto to host the 29th Summer
Olympic Games. Carried Unanimously.
Communication No. 20 - Minister of Long-Term Care with responsibility for Seniors
- Re: Proclamation. The communication requests that Council proclaim the year of 1999
as the "lntemational Year of Older Persons".
ORDERED on the motion of Alderman Janvary, seconded by AIderman Cummings, that
the request be supported. Carried Unanimously.
Communication No. 21 - Region of Peel - Re: Bill 79 - The Fairness for Property
Taxpayers Act. The communication requests Council support a resolution requesting the
Minister of Finance to extend the December 31, 1998 deadline to February 15, 1999 as
financial modelling cannot occur until legislation is enacted and regulations are made
available.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the request be endorsed. Carried Unanimously.
Communication No. 22 - City of Woodstock - Re: Resolution - Transit Passes As a
Tax Exempt Benefit. The communication requests that Council endorse a resolution
stating that the City of Woodstock supports an initiative to lobby the Federal
Governments to make employer provided transit passes a tax exempt benefit.
ORDERED on the motion of Alderman Michalczyk, seconded by Alde~7iian Janvary, that
the request be endorsed. Carried Unanimously.
Communication No. 23 - Ms. Joyce Crysler - Re: A~ Ages Bar Establishments. The
communication requests that underage bars be eliminated.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that a
resolution be prepared opposing underage bars and that the resolution be forwarded to
the Ontario Liquor Board and to the Association of Municipalities of Ontario (AMO).
Carried Unanimously.
See Resolution No. 06
Communication No. 24 - Ms. Julie Bishop-Hamilton, 6773 High Street - Re: Letter
of Resignation. The communication advises of her resignation from the Board of
Directors of the Niagara Falls Humane Society.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Volpatti, to
accept with regret and receive and file the correspondence. Carried Unanimously.
Communication No. 25- Mr. Harry W. Zahoruk, Solicitor- Re: PD-98-149; Subdivision
& Zoning By-law Amendment Application; Revised Garner Estates Draft Plan of
Subdivision; Files: 26T-11-9807 Revised & AM-28/98; River Realty Development (1976)
Inc. The communication advises that his client will not file an appeal at this time, in order
not to delay the Branscombe development and makes comments on the future
development on the lands to the north.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the correspondence be received for the Information of Council and referred to Planning
staff. Carried Unanimously.
14 -
REPORTS
MW-99-08 - Chairperson, Municipal Parking & Traffic Committee - Re: Municipal
Parking & Traffic Recommendations from December 15~, 1998 Meeting. The report
recommends the following:
MW-98-137 - Willoughby Drive at Cattell Drive - Intersection Control Review - that 1) a
committee, made up of staff, Niagara Regional Police, Plaza management, Chippawa
BIA and School Officials, be formed to create measures to discourage and alleviate
loitering at the intersection of Willoughby Drive and Cattell Drive; 2) that the City Solicitor
be requested to report back to the Committee concerning the removal of the warranted
all way stop control at this interst~.ction;
MW-98-174 - Cattell Drive at Reg~ ~n Drive, Intersection Control Review - that 1) the yield
sign on the south approach of Ca ~tefl Drive at Regan Drive be replaced with a stop sign;
2) that a yield sign be installed on ~he north approach of Regan drive at Furlong Avenue;
MW-98-175 - Fourth Avenue at I-i. gmilton Street, Request for A/I-Way-Stop - that an all-
way stop be installed at the inte!~'ecfion of Fourth Avenue at Hamilton Street;
MW-98-176 - Stamford Green D.r,~ve at Linden Avenue, request for All-Way Stop - that
1) an all-way stop not be installec.' at the intersection of Stamford Green Drive at Linden
Avenue; that 2) a stop sign be it?stalled on the south approach of Linden Avenue at
Stamford Green Drive; 3) that s~.'ool area signs be installed on Stamford Green Drive
in either direction between Dorch~.~ter Road and SL George Avenue; 4) that the Niagara
Regional Police be requested toL'~trictly enforce the 50 km/h speed limit on Stamford
Green Drive when children head;,to and from school; 5) that Stamford Green Ddve be
reviewed in the spring of the applicability of implementing a Neighbourhood Traffic
Management Program;
MW-98-178 - Queen Street ateOntario Avenue & Queen Street at Erie Avenue
Intersection Parking Restrictions ~. that 1) the first metered parking space on the north
side of Queen Street immediately i'c~ the east of Erie Avenue, be removed and replaced
with a "No Stopping- Tow Away Z~ne"; 2) that one metered parking space on the north
side of Queen Street immediately t't~ the west of Erie avenue be removed, and replaced
with a "No Stopping - Tow Away Z{?,~e"; 3) that in the spring of 1999, portable chicanes
be installed at each location indit:.~ted above on a trial basis; 4) that three parking
metered spaces be added on the e~. ~t side of Ontario Avenue, just north of Huron Street,
subject to staff discussions with Aces;
Toronto Parking Authority - Purcl~, 'se of Two Pay & Display Machines - that staff be
authorized to purchase two used "~etric Accent" Pay & Display Machines at a cost of
$481500 each, from the Toronto Parking Authority;
Review of Chippawa Representatives - that two representatives from Chippawa (one
Business Improvement Area representative and one Business Association
representative) continue to sit on the Committee.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the
report be received and adopted. Canfed Unanimously.
"" See By-law No. 99-09
RA TIFICA TION OF COMMUNITY SER VICES COMMITTEE A C TIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings,
that the actions taken on the following matters by the Community Services Committee,
earlier this evening be approved:
Adoption of December 7, 1998 Community Services Committee Minutes;
That information be received on Niagara Falls Hydre's presentation on Bill 35, the
Energy Competition Act.
That a decorative shade tree not be planted in front of 2357 Jessie Court.
That information be received and filed on Thorold Stone Road/QEW Bridge project
- sidewalk at Gales Gas Bar, and that Minister Tony Clement be advised that a
proper sidewalk should be built at this location as per letter of 1993 regarding
acquisition of property.
That information be received on fencing of former Holman lands (Drummond Hill
Cemetery).
Carried Unanimously.
F-99-01 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that Council approve the municipal accounts totalling $13,981,001.24 for
the period ending January 11, 1999.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings,
that the report be received and adopted. The motion Carried with AIde,hen Campbell,
Craitor, Cummings, Pietrangelo and Wing abstaining from the vote on conflicts of interest
previously noted and with a~ others voting in favour.
See By-law No. 99-11
HR-99-03 - Chief Administrative Officer- Re: Renewal Contract Baylis &
Associates. The report recommends that the contract with Baylis & Associates as the
provider of the Employee Assistance Program for 1999 be renewed at an annual cost of
$17,998.00.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo,
that the report be received and adopted. Carried Unanimously.
HR-99-04 - Chief Administrative Officer- City Employees' Social NighL The report
recommends that Council authorize an expenditure of $2,500 towards the operating costs
of the City Employees' Social NighL
ORDERED on the motion of Alderman Cummings, seconded by Alderman Michalczyk,
that the report be received and adopted. Carried Unanimously.
CD-99-Of - Chief Administrative Officer- Re: Reduction and Refund of Taxes
Section 443 of the Municipal Act: #1 - 6271 Thorold Stone Rd; #2 -7001 Casey SL
(19); #3 4332 Drummond Rd., #4 -6210 Dawlish Ave.; #5 - 6625 Drummond Rd; #6 -
0000 Stanley Ave. ES; #7 - 0000 Stanley Ave. ES; #8 - 0000 Stanley Ave. ES; #9 -
0000 Stanley Ave. ES; #10- 0000 Marshaft Rd. SS; #f f - 0000 Marshaft Rd. SS; #12 -
0000 Marshaft Rd. SS; #13 - 0000 Marshaft Rd. SS; #14 - 0000 Call Rd. SS;
#15 - 0000 Call Rd. SS; #16 - 0000 Montrose Rd. ES; #17 - 0000 Montrose Rd. ES;
#18 - 0000 Montrose Rd. ES; #19 - 0000 Montrose Rd. ES; #20 - 0000 Montrose Rd.
ES; #21 - 0000 Montrose Rd. ES; #22 - 0000 Montrose Rd. ES. The report
recommends the following:
1. That a reduction of taxes amounting to $934.26 for the year 1997 be made to
Aldent Management Ltd., c/o Ken and Janice Crossman;
2. That a reduction of taxes amounting to $956.51 for the year 1996 and $980.96 for
the year 1997 be made to Jacqueline & Carmine Caligiuri;
[ I
- 16-
3. That a reduction of taxes amounting to $250.27 for the year 1997 be made to
Garage Supply St. Cathar~nes Limited;
4. That a reduction of taxes amounting to $76.83 for the year 1996 and $78.78 for
the year 1997 be made to Cheryl Midgley;
5. That a reduction of taxes amounting to $1,268. 33 for the year 1996 and $1,300. 72
for the year 1997 be made to New Way Market (Niagara Falls) Limited;
6. That a reduction of taxes amounting to $784.90 for the year 1996 and $830.38 for
the year 1997 be made to Sandra Ventresca;
7. That a reduction of taxes amounting to $548.36 for the year 1996 and $580.13 for
the year 1997 be made to Anna Di Cienzo;
8. That a reduction of taxes amounting to $548.36 for the year 1996 and $580.13 for
the year 1997 be made to Anthony Di Cienzo;
9. That a reduction of taxes amounting to $548.36 for the year 1996 and $580.13 for
the year 1997 be made to Michael Di Cienzo;
~ 0. That a reduction of taxes amounting to $548.36 for the year 1996 and $580.13 for
the year 1997 be made to Dino Di Cienzo;
1 ~. That a reduction of taxes amounting to $548.36 for the year 1996 and $580.13 for
the year 1997 be made to Anthony Di Cienzo;
12. That a reduction of taxes amounting to $548.36 for the year 1996 and $580. ~ 3 for
the year 1997 be made to Anna Di Cienzo;
13. That a reduction of taxes amounting to $548.36 for the year 1996 and $580. ~ 3 for
the year 1997 be made to Dino Di Cienzo;
14. That a reduction of taxes amounting to $645.13 for the year 1996 and $682.51 for
the year 1997 be made to Dino Di Cienzo;
~ 5. That a reduction of taxes amounting to $634.37 for the year 1996 and $67 ~. ~ 3 for
the year ~997 be made to Anthony Di Cienzo;
16. That a reduction of taxes amounting to $634.37 for the year 1996 and $67 ~. 13 for
the year 1997 be made to Anthony Di Cienzo;
17. That a reduction of taxes amounting to $634.37 for the year 1996 and $671.13 for
the year ~997 be made to Michael Di Cienzo;
18. That a reduction of taxes amounting to $634.37 for the year ~ 996 and $67 ~. 13 for
the year 1997 be made to Dino Di Cienzo;
19. That a reduction of taxes amounting to $634.37 for the year ~ 996 and $671.13 for
the year 1997 be made to Anthony Di Cienzo;
20. That a reduction of taxes amounting to $634.37 for the year 1996 and $671.13 for
the year 1997 be made to Anthony Di Cienzo;
21. That a reduction of taxes amounting to $634.37 for the year 1996 and $671. ~ 3 for
the year 1997 be made to Michael Di Cienzo;
17 -
22. That a reduction of taxes amounting to $634.37 for the year 1996 and $671.13 for
the year 1997 be made to Dino Di Cienzo;
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
CD-99-02 - Chief Administrative Officer- Re: Special Occasion Permit; Niagara
Falls Pirates. 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 Michalczyk,
that the report be received and adopted. Carried Unanimously.
CD-99-03 - Chief Administrative Officer - Re: Appointments to Boards,
Commissions, and Committees. The report recommends that Counc~ select
appointees to serve for further terms on the following Boards, Commissions and
Committees, and that the appointments be confirmed by the passage of the By-law at this
meeting.
Arts & Culture Commission:
ORDERED on the motion of Alderman Janvary, seconded by Alderman WTng, that Karen
Akalu; Susanna Laustsen; Deborah Legge and Wayne S. Scott be appointed to the Arts
& Culture Commission for the 1999 and 2000 term. Carried Unanimously.
Audit Committee
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
L. C. Lib Zapitelli be appointed to the Audit Committee for an on-going te~ii. Carried
Unanimously.
Greater Niagara Transit Commission
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that
Wayne A. (Bart) Maves and Anthony DiGiacomo be appointed to the Greater Niagara
Transit Commission forthe 1999, 2000, and 2001 term. Carried Unanimously.
Niagara Falls Board of Museums
ORDERED on the motion of Alderman Janvary, seconded by Alderman Campbell, that
Peter McKenna; Jesse Pudwell and James W. Mitchinson be appointed to the Niagara
Falls Board of Museums for the 1999, 2000 and 2001 term. Carried Unanimously.
Niagara Falls Recreation Commission
ORDERED on the motion of Alderman Janvary, seconded by Alderman Volpatti, that
Vince Audibert; Ch~s Cage; Ken Eastman and Robert Ker be appointed to the Niagara
Falls Recreation Commission for the 1999 and 2000 term. Carried Unanimously.
Proper(y Standards Committee
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that Sam LaRosa be appointed to the Property Standards Committee for the 1999 and
2000 term. Carried Unanimously.
See By-law No. 99-02
r i
18-
L-99-01 - Chief Administrative Officer - Re: Establishment of part 3 on Registered
Plan 59R-10483 as Part of Lyons Parkway. The report recommends that Part 3 on
Reference Plan No. 59R-10483 be established as a public highway to be known as
L yon's Parkway.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Fisher, that
the report be received and adopted. Carried Unanimously.
See By-law No. 99-05
L-99-03 - Chief Administrative Officer- Re: Release of Site Plan Agreement,
3641 & 3643 Portage Road, Town & Country Plaza. The report recommends to
authorize the release of two Site Plan Agreements registered on title to property known
municipally as 3641 and 3643 Portage Road.
ORDERED on the motion of Alderman Cummir~gs, seconded by Alderman Michalczyk,
that the report be received and adopted. Cam~;d Unanimously.
See By-law No. 99-06
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Pietrang~s Io, seconded by Alderman Cummings,
that the actions taken on the following matters ny Committee-of-the-Whole, earlier this
evening, be appreved:
- That Council authorize Gazda Holding A,,~sociates to undertake a comparative
analysis of non-union compensation;
- That Council authorize an application for !,~e extension of WSIB benefits for the
Mayor and members of Council.
- That the City Solicitor be authorized to al.~)eal the conviction registered against
the City of Niagare Falls on December 16, 1998 r.~ garding a charge under Section 41 of
the Environmental Protection Act with respect to ~he demolition of the fire training tower
at Morrison Street and to take all the necessary ,steps in that regard.
Canfed
ORDERED on the motion of Alderman Cumming~ seconded by Alderman Pietrangelo,
that the action taken on the following matter by Committee-of-the-Whole, earlier this
evening, be approved:
- That Alderman Norm Puttick be appointed ~s an altemate Council representative
to the Visitor and Convention Bureau.
Canfed Unanimously.
RESOLUTIO~]S
NO. 01 - VOLPATTI - MICHALCZYK - W~,~EREAS the subdivision known as
Neighbourhoods of SL Davids was serviced; AND. WHEREAS the servicing required the
construction of the sanitary pumping station; AND WHEREAS the Regional Municipality
of Niagara has the qualified staff to operate and maintain facilities such as this pumping
station; AND WHEREAS the City and Regional staff have met and are familiar with the
work involved; THEREFORE BE IT RESOLVED THAT the Regional Municipality of
Niagara be requested to take over the operations and maintenance of the sanitary
pumping station at the Neighbourhoods of St. Davids.
AND the Seal of the Corporation be hereto affixed.
Canfed Unanimously.
19 -
NO. 02 - Moved by Alderman CUMMINGS - FISHER- WHEREAS the Canadian
Olympic Association at its regularly scheduled meeting held in Calgary on April 17, 1998
voted to grant approval to the City of Toronto's application to represent Canada's bid to
host the 29th Olympiad in 2008 subject to the dictates of the International Olympic
Committee Charter;, AND WHEREAS the City of Toronto Council on July 9, 1998 passed
a motion to ratify the agreement between the Canadian Olympic Association and the City
that detailed the terms required and outlined the mandate for the operation of TO-Bid, the
organization authorized to present the Toronto bid for the Summer Olympic Games in
2008; AND WHEREAS the Ontario Legislature on December 3, 1998 unanimously
endorsed a Bill introduced by Morley Kells, the Ontario Olympics Commissioner, to
support the City of Toronto's bid to host the 29th Summer Olympic Games and encourage
participation by all of Ontario's communities in the bid proposal and subsequent
presentation of the Olympiad; AND WHEREAS the International Sports Federations
representing the 140 athletic competitions and the IOC delegates who cast the deciding
votes in 2001 will be influenced favourably by province-wide public support for the
Toronto bid. NOW THEREFORE BE IT RESOLVED THAT the Council of the City of
Niagara Falls endorses the tenets of support called for by the Bill entitled '~n Act to
endorse the proposed bid of the City of Toronto to host the X)(IX Summer Olympic
Games, and further that this Council agrees with the principles of "building a peaceful and
better world by educating youth through sport practised without discrimination of any kind
and in the Olympic spirit, which requires mutual understanding with a spirit of friendship,
solidarity and fair play" as described in the IOC Chapter,' and that Council further agrees
to have this endorsement joined to that of other jurisdiction as a display of provincial
solidarity behind this universally acclaimed undertaking.
AND the Seal of the Corporation be hereto affixed.
Carfled Unanimously
NO. 03 - JANVARY- PIETRANGELO - RESOLVED that the Council of the Corporation
of the City of Niagara Falls hereby supports a one-year extension to draft plan approval
for Grand-View River Estates Plan of Subdivision and that the applicant and Regional
Municipality of Niagara be so informed; conditional upon the applicant maintaining the
appropriate subdivision signs on the properties for public information purposes.
AND the Seal of the Corporation be hereto affixed.
Carfled Unanimously.
NO. 04 - CUMMINGS - CRAITOR - RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby supports a one-year extension to draft plan approval for
the Ascot Woods Extension 5 (Phase 3) Plan of Subdivision and that the applicant and
the Regional Municipality of Niagara be so informed; conditional upon the applicant
maintaining the appropriate subdivision signs on the properties for public information
purposes.
AND the Seal of the Corporation be hereto affixed.
Carfled Unanimously.
NO. 05 - VOLPA TTI - PIETRANGELO - RESOLVED that the Council of the Corporation
of the City of Niagara Falls hereby supports a one-year extension to draft plan approval
for the Mewbum Heights Plan of Subdivision and that the applicant and Regional
Municipality of Niagara be so informed; conditional upon the applicant maintaining the
appropriate subdivision signs on the properties for public information purposes.
AND the Seal of the Corporation be hereto affixed.
Carfled Unanimously.
[ I
20 -
NO. 06 - JANVARY- FISHER - WHEREAS under the Liquor Licence Act and
Regulations, individuals under 19 years of age are permitted in licensed premises; AND
WHEREAS it is the sole responsibility of the licensee to ensure that no one under 19
years of age is served or consumes alcohol; AND WHEREAS there are many
establishments that are commonly known as '~fl Age Bars" that cater to teenagers; AND
WHEREAS there is a proliferation of these establishments in Niagara Falls; AND
WHEREAS many unscrupulous owners of these establishments are turning a blind eye
to underage drinking; AND WHEREAS temporary closure by the Police and penalties
imposed by the Liquor Licence Board of Ontario have failed to dissuade these
establishments from continuing to serve alcohol to individuals under 19 years of age;
AND WHEREAS the Niagara Regional Police have expressed concern that teenagers
at these establishments are being lured across the border to the U.S. and into criminal
activity; NOW THEREFORE BE IT RESOLVED THAT the Ministry of Consumer &
Commercial Relations and the Liquor Licence Board of Ontario institute a distinction
between licenced establishments (i.e. restaurants) and bars that are primarily used for
dancing and/or the consumption of alcohol; AND FURTHER BE IT RESOLVED THAT
only teens who are of legal drinking age be allowed into bars where alcohol is served;
AND FINALL Y BE IT RESOLVED THAT the Association of Municipalities of Ontario
lobby the Province to take measures to prohibit these "all age bars".
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings,
that leave be granted to introduce the by-laws and the by-laws be read a first time:
99-0f
A by-law to amend By-law No. 89-155 to adopt Roberrs Rules of Order as
a standard reference for items not covered in the Standing Rules of the
Council.
99-02
A by-law to provide for appointments to certain Boards, Commissions and
Committees.
99-03
A by-law to stop up and close a walkway located between Edenwood Court
and Greenboughs Road in the City of Niagara Falls, in the Regional
Municipality of Niagam being Block 34 Plan No. M-76 and Block 1 Plan No.
M-29.
99-04
A by-law to declare surplus Block 34 Plan No. M-76 and Block 1 Plan No.
M-29, and to authorize that public notice be given in the next available
Saturday edition of the Niagara Falls Review of the said land, being
declared surplus and of a proposed conveyance of the said land, to the
abutting owners, for nominal consideration, plus costs.
99-05
A by-law to establish Part 3 on Reference Plan No. 59R-10483, as a public
highway, to be known as and to form part of Lyon's Parkway.
99-06
A by-law to authorize a Release of Site Plan Agreements registered in
1967 and 1973 as Instrument Nos. 69921B and 179701, respectively T &
C Holdings Limited.
99-07
A by-law to amend By-law No. 75-20, as amended; to regulate the supply
of water and to provide for the maintenance and management of the
waterworks and for the imposition and collection of water rates.
21
99-08
A by-law to authorize the execution of an agreement with The Corporation
of the Town of Niagara-on-the-Lake with respect to its Fire Department
assisting reported incidents at the Queen Elizabeth Way between highway
interchanges of Mountain Road and Highway 405 between the Queen
Elizabeth Way and the Queenston Lewiston Bridge.
99-09
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Stop Signs, Yield Signs).
99-10
A by-law to authorize the execution of a Subdivision Agreement with Karen
Ann DeGiorgio respecting the Mount Carme/ North, Phase III Subdivision.
99-11 A by-law to authorize monies for Genera/Purposes (January 11, 1999)
The motion Carried with Alderman Michalczyk voting contrary to the motion on By-law
No. 99-03 and 99-04; and Aldermen Campbell, Craitor, Cummings, Pietrangelo and Wing
abstaining from the vote on By-law No. 99-11 on conflicts of interest previously noted and
with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings,
that the following by-laws be now read a second and third time:
99-01
A by-law to amend By-law No. 89-155 to adopt Robert's Rules of Order as
a standard reference for items not covered in the Standing Rules of the
Council.
99-02
A by-law to provide for appointments to certain Boards, Commissions and
Committees.
99-03
A by-law to stop up and close a walkway located between Edenwood Court
and Greenboughs Road in the City of Niagara Falls, in the Regional
Municipality of Niagara being Block 34 Plan No. M-76 and Block 1 Plan No.
M-29.
99-04
A by-law to declare surplus Block 34 Plan No. M-76 and Block 1 Plan No.
M-29, and to authorize that public notice be given in the next available
Saturday edition of the Niagara Falls Review of the said land, being
declared surplus and of a proposed conveyance of the said land, to the
abutting owners, for nominal consideration, plus costs.
99-05
A by-law to establish Part 3 on Reference Plan No. 59R-10483, as a public
highway, to be known as and to form part of Lyon's Parkway.
99-06
A by-law to authorize a Release of Site Plan Agreements registered in
1967 and 1973 as Instrument Nos. 69921B and 179701, respectively T &
C Holdings Limited.
99-07
A by-law to amend By-law No. 75-20, as amended; to regulate the supply
of water and to provide for the maintenance and management of the
waterworks and for the imposition and collection of water rates.
99-08
A by-law to authorize the execution of an agreement with The Corporation
of the Town of Niagara-on-the-Lake with respect to its Fire Department
assisting reported incidents at the Queen Elizabeth Way between highway
interchanges of Mountain Road and Highway 405 between the Queen
Elizabeth Way and the Queenston Lewiston Bridge.
f I
22 -
99-09
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Stop Signs, Yield Signs).
99-10
A by-law to authorize the execution of a Subdivision Agreement with Karen
Ann DeGiorgio respecting the Mount Cannel North, Phase III Subdivision.
99-11 A by-law to authorize monies for General Purposes (January 11, 1999)
The motion Carried with Alderman Michalczyk voting contrary to the motion on By-law
No. 99-03 and 99-04; and AIde~en Campbell, Creitor, Cummings, Pietrengelo and Wing
abstaining from the vote on By-law No. 99-11 on conflicts of interest previously noted and
with all others voting in fevour.
NEW BUSINESS
Street Name Change
ORDERED on the motion of AIdenn~n Cummings, seconded by Alderman Volpatti, that
the request for a street name chan~ e for Shanklee Street be referred to staff. Carried
Unanimously.
Snow Removal Process
His Worship Mayor Thomson >rovided an update on the snow removal process
and requested residents to be patien and considerete of staff who are trying to keep up
in the clearing of roadways and sidewalks during this major snow storm.
Exit only onto Q.E.W, from Zehrs Plaza
Alderman Norm Puttick suggested that staff request the Ministry of Transportation
to look into the matter of providing an "exit only" from Zehrs Plaza onto the Q.E W
northbound.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that staff
request the MTO to look into the matter of providing an "Exit Only" from the Zehrs Plaza
onto the QEW northbound. Carfled Unanimously.
Bill 99: Balanced Budget and Taxpayer Protection Act. 1998
Alderman Kim Creitor referred to the introduction of Bill 99, Balanced Budget and
Taxpayer Protection Act, 1998 which would require that Ontario's provincial govemment
operate on an annual balanced budget and limit future tax increases to only those
approved by taxpayers.
Following some discussion, it was ORDERED on the motion of Alderman
Cummings, seconded by Alderman Volpatti, that the matter be referred to staff for further
information before supporting Bill 99. Carfled Unanimously.
23 -
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the
meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
SECOND MEETING
REGULAR COUNCIL
Counc~ Chambers
January 18, 1999
Council met on Monday, January 18, 1999 at 7:00 p.m., for the purpose of
considering Regular Business; all members of Council, with the exception of AldeRiian
Feren, who was away on vacation, were presenL Alderman Shirley Fisher provided the
Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Cummings indicated a pecuniary interest on Report F-99-02, Cheque No.
242360 because Acres is the recipient.
Alderman Wing indicated a pecuniary interest on a matter from Corporate Services
Committee dealing with the Ontario Lottery Corporation's Advanced Funding because she
is the Chair of one of the organization's that has applied for funding.
Alderman Craitor indicated a pecuniary interest on Report F-99-02, Cheque Nos.
M92552; 242491 and M92553 because a member of his family is employed by the Region.
Alderman Michalczyk indicated a pecuniary interest on Report F-99-02, Cheque
242476 and on Report HR-99-01 and HR-99-02 because he is a volunteer firefighter.
PRESENTATIONS
His Worship Mayor Thomson presented tokens of appreciation to the following
local athletes, who, as members of teams from outside our community, won Provincial or
National Championships: Edward Kostuk, member of a PeeWee "B" Lacrosse team
from Niagara-on-the-Lake that won the Provincial Championships this year,' Ashley
Gluma; Cristina Formica; Lisa Romeo; Amanda DiCarlo and Amy Snyder, members
that competed for the SL Catharines Angels Girls Under 15 Soccer team, that won the
Provincial Championships; Adam Garrett, played for Cupolo's Niagara Falls Major
PeeWee Baseba~ team and was an integral part of the championship team playing
shortstop and pitcher.
His Worship Mayor Thomson congratulated all the team members and thanked them
for their attendance.
DEPUTATIONS
Alderman Pat Cummings introduced Mr. Dave Strathern who thanked members of
Council and the citizens of Niagara Region for their support in the family's fight to get more
publicly funded hours of nursing care for their son lan; he advised that a decision had been
rendered by the Health Services Appeal Board for a "Right of Appeal' before the Appeal
Board not only for son lan but also for the citizens of the Niagara Region.
Mr. Strathem advised that a meeting was planned with the Minister of Health, Cam
Jackson and Premier Harris to discuss the lack of funding for homecare, and requested
Councirs support.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that a
resolution be forwarded to the Provincial Minister of Health and Premier Harris requesting
that a meeting be scheduled immediately with the Strathem family to discuss the lack of
funding for homecare and advising that the Strathem family has the full and complete
support of Council and the community. Carried Unanimously.
Following further discussion, Alderman Norm Puttick referred to Bill 83, the
Ontarians with Disabilities Act and requested that Council endorse a resolution supporting
the goal of enacting new legislation and regulations with the aim of achieving the full and
equal participation of persons with disabilities of Ontario life by creating a barrier free
society through the removal of all existing barders and the prevention of new ones and to
call on the Ontario Govemment to enact a strong and effective Ontarians with Disabilities
Act in this term, before calling an election; and that Bill 83, ca/led the Ontarians with
Disabilities Act was not acceptable since it did not meet the requirements of the resolution
and does not require a single barrier to be removed, ever.
Following some discussion it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Cummings that the resolution be supported and forwarded to the
Federal Minister of Health, Allan Rock and to the Disability Committee. Carried
Unanimously.
See Resolution No. 07
REPORTS
RA TIFICA TION OF CORPORATE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
the actions taken on the following matters by the Croporate Services Committee, earlier
this evening be approved:
Adoption of the December 14, 1998, Corporate Services Committee Meeting
Minutes;
Deputation - Glenn Hutton & Helen Honcoop-Hutton - Re: Property Mill Rate - that
the Deputation from Mr. & Mrs. Hutton be referred fore staff report;
3. IS-99-01 - Year 2000 Status - that the report be received for information;
BDD-99-01 - Additional Consulting Fees - Totten Sims Hubicki- that the contract
extension of Totten Sims Hubicki Transportation Consultant be approved end
furthermore that an amount of $100,000 for the contract extension be approved -
Alderman Orr conflict of interest because she is employed by the Casino;
CS-99-01 - P. O. L S.E (The Prostitution Outreach Intervention Suport Exit) Niagara
(John School) - that a grant of $1,948.92 be approved for P. O.I.S.E Niagara (John
School) to cover the cost of rent at the Community Resource Centre - Alderman
Fisher, conflict of interest;
F-99-02 - Municipal Accounts - that the municipal accounts totalling $1,398, 575. 24
for the period ending January 18, 1999 be approved;
I
Niagara Film Festival - that the Niagara Film Festiva/'s application for funding
through the Ontario Lottery Corporation's Advance Funding Program be referred to
staff,' in addition, staff is to consider the applications of two other groups that missed
the original deadline for submission - Conflicts of interest - Aldermen Wing and
Creitor because they are members of groups that have submitted application;
8. In Camera Session
That the correspondence dated December 24, 1998, from the Grievance Committee
of the Niagara Falls professional Firefighters Association regarding Grievances 98-
11 and 98-13 be received and filed and that an extension be granted to the end of
January for these grievances;
That Report HR-99-02, Stage 4 (City Council) Grievance 98-14 be denied and that
the Niagara Falls Professional Firefighters Association be thanked for their
presentation.
The motion CarTfed with Alderman Wing abstaining from the vote on Ontario Lottery
Corporation's Advance Funding Program on a conflict of interest previously noted and
Alderman Michalczyk abstaining from the vote on a conflict of interest on the matters
dealing wtih the Firefighters previously noted and with all others voting in favour.
See By-law No. 99-15
PD-99-13 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-32/98, Burbank Crescent; Response to letter from Stuart M. Cox. The report
recommends that the report is for the information of Council.
The Director of Planning and Development responsed to questions raised with
respect to the notification process; and advised that the definition of "owner' was that
under the Planning Act.
During the discussion, it was suggested that an additional clause be inserted into
the public notification letter indicating "if not the current owner' to please notify the Clerk's
Department.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
report be received and adopted; and that a copy of the report be provided to Mr. Cox.
Carried Unanimously.
Following some discussion, it was ORDERED on the motion of Alderman Wing,
seconded by Alderman Volpatti, that an additional clause be inserted into the public
notification letter indicating "if not the current" to please notify the Clerk's Department.
CarTfed Unanimously.
L-99-04 - Chief Administrative Officer- Re: Billboard Signs (Poster Panels). The
report recommends that the report is for the information of Council.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and filed. Carried Unanimously.
L-99-05 - Cheif Administrative Officer- Re: Partial Release of Notice of Claim; Certain
Lots on Plan No. 298. The report recommends that Council authorize the partial release
of Notice of Claim with respect to certain Lots on Wesley Park Plan No. 298, located at
Victoria Avenue and Palmer Avenue, as set out in Schedule "A".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Michalczyk, that
the report be received and adopted. Carried Unanimously.
RESOLUTIONS
NO. 07- PUTTICK- CUMMINGS - WHEREAS Ontarians with disabilities face many
ba~ers when they seek to participate in a~ aspects of Ontario life; AND WHEREAS there
is an urgent and pressing need for a new, strong and effective law to achieve a barrier free
Ontario for people with disabilities; AND WHEREAS Premier Harris promised in writing
during the 1995 election to work together with the Ontarians with Disabilities Act
Committee to develop this new law, to be called the Ontarians with Disabilities Act, and to
pass it in his first term; AND WHEREAS the Ontario Legislature unanimously passed a
resolution on October 29, 1998, calling on the Govemment to make sure that this law is
strong and effective, and embodies the 11 principles set out in the resolution, to make sure
that the law is strong and effective, not weak and window dressing, THEREFORE, the City
of Niagara Falls resolves that: We support the goal of enacting new legislation and
regulations with the aim of achieving the full and equal participation of persons with
disabilities in all aspects of Ontario life by creating a barrier free society through the
removal of aft existing barriers and the prevention of new ones; We will call on the Ontario
Govemment to enact a strong and effective Ontarians with Disabilities Act in this term,
before calling an election. The legislation shaft fully comply with the unanimous resolution
of the Ontario Legislature passed on October 29, 1998; The Legislation introduced in the
first term, Bill 83, called the Ontarians with Disabilities Act, is not acceptable since it does
not meet the requirements of the resolution and, in fact, does not require a single barrier
to be removed, ever.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 08 - MICHALCZYK- CUMMINGS - WHEREAS Bell Canada is forming a new
company with an intemational firm Exell Global Setvices to manage all of Bell's current
operator setvices; AND WHEREAS there are 180 Bell Canada operators currently working
in the Niagara Region; AND WHEREAS Bell Canada has not indicated that the positions
offered in lieu of lost operator jobs will be within the Niagara Region; NOW THEREFORE
BE IT RESOLVED that Bell Canada be called upon to retain all persons currently
employed as operators within the Niagara Region in their current capacity and not transfer
them outside of this community.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 09 - CUMMINGS - FISHER - WHEREAS the lack of funding for homecare has and
is creating a significant impact upon the Strathem family; AND WHEREAS the Health
Setvices Appeal Board has granted the right to appeal to the Strathem family as well as
all citizens in the Region of Niagara; NOW THEREFORE BE IT RESOLVED that the
Minister of Health, Cam Jackson, be requested to immediately meet with the Strathem
family with a view to solving the problem of inadequate funding; AND FURTHER that the
Strathem family has the furl and complete support of the Council of the Corporation of the
City of Niagara Falls.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of AIde~iian Janvary, seconded by AIdem~an Wing, that the by-
law to provide for the remuneration of the Mayor and members of Council of the City of
Niagara Falls be deferred. The motion Carried with Alderman Puttick voting contrary to the
motion and with all others voting in favour.
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ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
99-12
A by-law to authorize the conveyance of part of Block 34 Plan No. M-76 and
Block I Plan No. M-29 to the abutting owners, for nominal consideration,
plus costs. (L-99-02, Closing of walkway and conveyance of same)
99-13
A by-law to authorize a partial Release of Notice of C/aim registered as
Instrument No. 710990.
99-14
A by-law to amend By-law No. 79-200, as amended. (Re: AM-22/98, 800460
Ontario Ltd. c/o Eric Henry)
99-15 To authorize monies for General Purposes (January 18, 1999).
The motion Carfled with Aldermen Cummings, Craitor and Michalczyk abstaining from the
vote on By-law No. 99-15 on conflicts of interest previously noted and with all others voting
in favour.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Wing, that the by-
law to provide for the remuneration of the Mayor and members of Council of the City of
Niagara Falls be deferred. The motion Ca/fled with Alderman Puttick voting contrary to the
motion and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
the following by-laws be now read a second and third time:
99-12
A by-law to authorize the conveyance of part of Block 34 P/an No. M-76 and
Block 1 Plan No. M-29 to the abutting owners, for nominal consideration,
plus costs. (L-99-02, Closing of walkway and conveyance of same)
99-13
A by-law to authorize a partial Release of Notice of Claim registered as
Instrument No. 710990.
99-14
A by-law to amend By-law No. 79-200, as amended. (Re: AM-22/98, 800460
Ontario Ltd. c/o Eric Henry)
99-15 To authorize monies for Genera/Purposes (January 18, 1999).
The motion Carfled with Aldermen Cummings, Craitor and Michalczyk abstaining from the
vote on By-law No. 99-15 on conflicts of intereest previously noted and with all others voting
in favour.
NEW BUSINESS
City's Snow Removal Efforts
Alderman Fisher commented and complemented City staff for their snow removal
efforts.
Alderman Selina Volpatti complemented City and Regional staff for their snow
removal efforts, but expressed the opinion that the spfit jurisdiction was a problem.
Raft Crossing Meeting
Alderman Shirley Fisher advised that the Rail Crossing meeting regarding Morrison
Street crossing had been rescheduled for Wednesday, January 20, 1999 at Cherrywood
Acres School
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Council Remuneration
Aldefiiian Norm Puttick commented on the issue of Council Remuneration.
Convention Centres
Alderman Wayne Campbell referred to a recent news article in the Toronto Star,
entitled "There's gold in them thar halls" which examined the issue of convetion centres
and the revenues they bring in and provided a copy to the City Clerk for distribution to
Council members.
Trust Fund for Children of Miche~e (Calder) Palinko
Alderman Kim Creitor referred to the trust fund that has been established for the
children of Michelle (Calder) Palinko and advised that the Niagara Falls Charitable
Foundation have donated $1,000 to the fund and encouraged other seNice groups to
donate.
Christmas Tree Pick up
Alderman Ed Michalczyk referred to the City's snow removal and expressed
concerns regarding the Christmas tree pick up; he was advised by the Director of Municipal
Works that the City would be reactivating the Christmas tree pick up which would be tied
in with the Niagara Parks Commission's recycling program.
Christmas in the Square
Aldefii~an Ed Michalczyk commented on the Chippawa BIA's Christmas in the
Square event and requested that a letter be forwarded to Dave Bames and John Barnes
and Joe Miszk in appreciation of their efforts in the Chippaws Christmas in the Square
event.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Pietrangelo,
that a letter be forwarded to Dave Bames and John Bames and Joe Miszk in appreciation
for their efforts in the Chippawa Christmas in the Square event. Carried Unanimously.
Letters to the Editor
Alderman EdMichalczyk referred to Mr. John Anstruther~s Letter to the Editor
regarding taxes and was advised that the Director of Finance would be responding through
the newspaper.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the
meeting be adjoumed. Carried Unanimously.
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READ AND ADOPTED,
WAYNE THOMSON, MAYOR
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THIRD MEETING
COMMITTEE-OF-THE-WHOLE
Committee Room #2
January 25, 1999
Council met on Monday, January 25, 1999 at 5:45 p.m. in Committee-of-the-Whole.
All members of Council, with the exception of Alderman Campbell, who was away due to
illness, were present. Alderman Pat Cummings presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
R. 0 KALLIO, ACTING CITY CLERK
WAYNE THOMSON, MAYOR
REGULAR COUNCIL
Council Chambers
January 25, 1999
Council met on Monday, January 25, 1999 at 7:00 p.m., for the purpose of
considering Regular Business; all members of Council, with the exception of Alderman
Campbell, who was away due to illness, were present. Alderman Selina Volpatti provided
the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings,
that the Minutes of the Planning/Regular Meeting of January 11, 1999 and the Regular
Minutes of January 18, 1999 be adopted as printed. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Volpatti indicated a pecuniary interest on the Deputation matter dealing
with the Brighrs Winery Building because members of her family are employed by Vincor.
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PRESENTARONS
Competition Trophies
His Worship Mayor Thomson provided some background information on the Fire
Departmenrs auto extrication team and their accomplishments, and members of the team
presented Chief Cor~eld with the trophies they have received in the past years
competitions.
Chief Corfield thanked and congratulated the team members for their dedication and
professionalism.
Business Showcase Award
Mr. George Waters, Chairman, Business Development Advisory Committee
informed that the Business Showcase Award was given to Niagara Falls businesses who
have contributed to the economic development and community services to the residents
of Niagara Falls; provided a brief history on the origins of Morgan Funeral Home.
Mayor Thomson congratulated and presented the Niagara Falls Business Showcase
Award to Jeff and Ernie Morgan, on behalf of the City.
DEPUTATIONS
Niagara Film Festival
Mr. Mark Matthews provided information on the upcoming Niagara Film Festival
featuring classic and blockbuster movies from May 28, to June 6, 1999; introduced a
representative of the Niagara Film Festival who presented Mayor Thomson and Counc~
with Celebrity Advantage Membership Cards for the event.
His Worship Mayor Thomson expressed best wishes on the upcoming film festival.
Jub~ee 2000 Community
Rev. Harvey Tobey, Stamford United Church requested that Council proclaim
Niagara Falls a Jubilee 2000 Community and suggested that such a proclamation would
encourage the Government of Canada and the other G8 countries to work towards
forgiving the debt of the poorest counties in the wodd by the Year 2000; and he further
requested that the proclamation be forwarded to Prime Minister Chratien and the Minister
of Finance, to take the initiative in encouraging all G8 countries to forego the debt of the
poorast countries in the world by the Year 2000.
Following the discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Fisher, that the City of Niagara Falls, Ontario, be proclaimed a
Jubilee 2000 Community that calls on the leaders of/ending nations to cancel the debts
of the poorest nations by the Year 2000. Carried Unanimously.
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Heritage Designation, Bright's Winery Building
Ms. Kym Cody, Chair, LACAC, advised that LACAC was in attendance to stress
the historical significance of the former Bright's Winery building and requested Council's
support in their efforts to preserve the building without unduly hampering Loblaws
development opportunities
Mr. Eric Royer, LACAC member suggested that the City and the Business
Development Department work closely with Loblaws in finding a suitable tenant for the
Bright's building; requested that every consideration be given in retaining the former
BrYght's Winery building while other options are being explored.
Mr. Don Chapman, LACAC member commented on the issue of preservation of
heritage properties and expressed concerns with respect to the proposal.
Mr. Greg Priamo, Principal Planner, Loblaw Properties Limited, provided
clarification with respect to the concerns expressed and presented Loblaws position on the
issue of herjtage preservation and future development of the site; indicated that the site
plan had been approved with the idea that the building would be demolished; advised that
Vincor and Loblaws had entered into an agreement where portions of the facade of the
former Bright's winery building and duplicated architectural characteristics would be
incorporated into the new Vincor building.
Mr. Bruce D. Walker, Vincor referred to the plans for the new Vincor building and
location; commented on concerns expressed with respect to heritage preservation and
provided a copy of the elevation plan that would incorporate portions of the former winery
into the new building.
- AND -
Communication No. 26 - Niagara District Art Association - Re: LACAC Proposal for
former Bright~ Winery Building. The communication advises as being very interested
in being considered to occupy some of any space available for display and sale of art work.
Communication No. 27 - Helen Grisdale Helie. The communication comments on saving
the Historic Brjght's Winery Building.
Communication 28a) - Letter signed "Richard's Mom" (Mrs. Parton). The
communication comments on the concems of 8-year old son to save foi~iier Bright's Winery
Building; - AND - Communication No. 28b) The communication advises as not wanting
the building demolished.
Communication No. 29 - Michael Gravefie, M.P.P. The communication provides
comments with respect to the proposed development at the historical Bright's Winery
building.
Communication No. 30 - The Ontario Historical Society. The communication provides
comments on LACAC's desire to designate the former Bright's winery building as heritage
structure.
Following some discussion, on the motion of Alderman Cummings, seconded by
Alderman Wing, that the matter be deferred for one month in order that a meeting can be
convened with all interested parties for further discussion. The motion was Defeated with
Aldermen Cummings, Wing, Janvary and Orr voting in favour of the motion and with all
others voting in opposition.
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Following further discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by AIdell,an Fisher, not to proceed with the heritage designation of the former
Bright°s Winery building and to withdraw the Notice of Intention to Designate. The motion
Carried with Aldermen Orr and Wing voting contrary to the motion; and Alderman Volpatti
abstaining from the vote on a conflict of interest previously noted and with all others voting
in favour.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that the
correspondence be received and filed. Carried Unanimously.
Black History Month
Mr. Donald Thomas, President, Niagara Black History Association, indicated
that in commemoration of February as Black History Month" the Nathaniel Dett Chapel,
BME Church would be presenting a play entitled "The Tooth of the Lion ", the story of one
family's quest for freedom, on February 23rd and February 24, 1999 and that proceeds
would be going to support the Norval Johnston Heritage Library Building Fund. Mr.
Thomas invited everyone to attend.
UNFINISHED BUSINESS
Remuneration of the Mayor and Members of Council
ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that as
of February 1, 1999, the salaries for Council be $14,818.00. The motion Carried with
Aldermen Volpatti and Wing voting contrary to the motion and with all others including
Mayor Thomson voting in favour of the motion.
See By-law No. 99-20
COMMUNICATIONS
Communication No. 31 - Safety Action Committee - Re: Drummond Road Railway
Crossing between Morrison Street and Thorold Stone Road. The communication
requests that Council consider placing a crossing guard at the location at Morrison Street
and Thorold Stone Road and that CN and the Regional government be approached to
install safety arms as soon as possible.
Following some discussion it was ORDERED on the motion of Alderman Janvary,
seconded by Alderman Fisher, that the matter be referred to staff to address the issue of
a crossing at the location; and further that safety concerns and the installation of
pedestrian safety arms at Drummond Road; Beaverdams Road and Montrose Road railway
crossings be discussed with C.N. Rail representatives. Carried Unanimously.
It was also suggested that representatives from C.N. Railway be invited to attend
a future Council meeting to discuss the safety concerns.
Communication No. 32 - Ecole Saint-Antoine Playground Campaign - Re: Letter of
Endorsement. The communication requests that Council support the installation of a new
playground structure at Ecole Saint-Antoine.
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ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that
the matter be referred to staff The motion Carried with Alderman Pietrangelo abstaining
from the vote on a conflict of interest and with all others voting in favour.
Communication No. 33- City of Niagara Falls Board of Museums. The communication
seeks an Aldermanic replacement and a Citizen replacement for Mr. Philip Cheesman.
It was noted that if anyone was interested in the positions to contact the City Clerk
and Alderman Shirley Fisher.
REPORTS
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings, that
the actions taken on the following matters by the Community Services Committee, earlier
this evening be approved:
1. Adoption of January 11, 1999 Community Services Committee Minutes;
R-99-03 - Lundy's Lane Battlefield Advisory Committee - that the issue of Lundy's
Lane Battlefield Advisory Committee be deferred;
R-99-06 - Policy 1000.33 - Rental of Recreation Commission Parks, Recreation &
Culture Tents - that Policy 1000.33 (Rental of Recreation Commission Parks,
Recreation & Culture Tents) be rescinded;
CS-99-02 - Community Services "Service Delivery Review"- that the information
be received on the Community Services "Service Delivery Review" and that Council
support the continuation of the Service Delivery Review Initiative;
That information be received on Highway 420, Q.E W. to the Rainbow Bridge Class
Environmental Assessment; and; that staff keep residents on Roberts Street
informed of any meetings which are held on this matter.
Carried
RA TIFICA TION OF MUNICIPAL PARKING & TRAFFIC COMMITTEE ACTIONS
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that the
actions taken on the following matters by the Municipal Parking & Traffic Committee on
January 19, 1999 be approved:
MW-99-09 - Chair, Municipal Parking Traffic Committee - Re: Municipal Parking &
Traffic Committee Recommendations from January 19, f999 Meeting.
MW-98-120 - Bridge Street Parking Review - that 1) two-hour parking limit be
implemented on the following streets: i) on the south side of Bridge Street from
Zimmerman Avenue to River Road; ii) on the north side of Bridge Street from just
west of Zimmerman Avenue to Cataract Avenue; iii) on both sides of Cataract
Avenue between Queen Street and Bridge Street; 2) that these recommendations
be referred to the Region of Niagara for their consideration and approval; 3) that this
matter be reviewed again in two years;
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MW-99-01 - Lewis Avenue, Parking Restriction Review- that 1) a "Bus Loading"
zone be installed mid-block in the existing bus bay on the northwest side of Lewis
Avenue between Centre Street and Magdalen Street in front of the Suisha Gardens
Restaurant; 2) that two-hour parking be installed on the northwest side of Lewis
Avenue from a point 15 metres northeast of Slater Avenue to a point 132 metres
northeast of Slater Avenue; 3) that "No Parking" be installed on the southeast side
of Lewis Avenue from Magdalen Street to a point 120 metres southwest of Centre
Street 4) that the existing "No Parking" area on the northwest side of Lewis Avenue
be extended from Centre Street to a point 150 metres southeast on Centre Street;
MW-99-02 - Royal Manor Drive - Heavy Vehicle Restriction - that a heavy vehicle
restriction be implemented on Royal Manor Drive;
4. MW-99-03 - Russell Street - Parking review - that the report be received and filed;
MW-99-04 - Leonard Avenue - Parking Restriction Review- that "No Parking" be
extended on the east side of Leonard Avenue from a point 122 m north of Lundy's
Lane to a point 140 m north of Lundy's Lane.
Carried
See By-law No. 99-18
See By-law No. 99-19
F-99-03 - Chief Administrative Officer- Re: Statement of Remuneration and
Expenses for members of Council, Committee of Adjustment and Recreation
Commission. The report recommends that the report is for the information of the City
Council.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Pietrangelo, that
the report be received and filed. Canfed Unanimously.
PD-99-14 - Chief Administrative Officer- Re: Application for Site Plan Approval; 7555
Montrose Road, Niagara Square; SPC-16/98, New 10 Theatre Cinema. The report
recommends that Council approve the site plan for a new lO-theatre cinema at the Niagara
Square Shopping Centre.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the report be received and adopted. Carried Unanimously.
L-99-06- Chief Administrative Officer - Re: 4138 Drummond Road; Sign By-Law. The
report recommends that a sign permit be issued for 4138 Drummond Road to allow a
ground sign having a side yard less than that required by the Sign By-law.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimously.
L-99-07 - Chief Administrative Officer- Re: 4602 Victoria Avenue, Signs. The report
recommends that two (2) additional sign permits be issued forthe property at 4602 Victoria
Avenue that otherwise would not be permitted by the Sign By-law.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Canfed Unanimously.
L-99-09 - Chief Administrative Officer- Re: Playing of Musical Instruments on Public
Property. The report recommends that the playing of musical instruments on any highway,
park or public place be prohibited unless Council has given prior approval, and further that
the attached by-law be passed.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the report be received and adopted. Canfed Unanimously.
See By-law No. 99-16
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RA TIFICA TION OF COMMITTEE-OF- THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
actions taken on the following matters by the Committee-of-the-Whole, earlier this evening
be approved:
That Council adopt the Revised Non-Union Salary Schedule, subject to the
Corporation's salary administration policies and practices. Carried Unanimously.
RESOLUTIONS
NO. 10- FISHER - VOLPA TTI - WHEREAS this past summer, the Niagara Regional Police
uncovered a major auto theft ring; AND WHEREAS 164 individuals from the Niagara
Region unknowingly pumhased stolen vehicles from licenced car dealers; AND WHEREAS
these individuals, who bought their vehicles under good faith, have had them confiscated
as part of the Police investigation; AND WHEREAS these victims have recourse through
a civil remedy, such a procedure is lengthy and costly; AND WHEREAS the victims could
access the Ontario Motor Vehicle Fund; AND WHEREAS the Police have to conclude their
investigation and complete requisite forms for the victims to access the Ontario Motor
Vehicle Fund. NOW THEREFORE BE IT RESOLVED THAT the Niagara Regional Police
commit more resources to this investigation and expedite any paper work that would allow
the innocent victims compensation through the Ontario Motor Vehicle Fund.
And the Seal of the Corporation be herato affixed.
Carried Unanimously.
During the discussion, it was suggested that a letter be forwarded to the Federal
Minister of Finance and Provincial Minister of Finance requesting that these victims be
reimbursed the G.S. T. and P.S. T. that they had paid on these vehicles; and that a request
be made for additional resources for the Ontario Provincial Police in order that they can
deal with the matter as soon as possible. It was further suggested that a letter be
forwarded to the Provincial govemment requesting that the victims be fully compensated
for monies lost.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
99-16
A by-law to regulate the playing of bands and musical instruments on any
highway, park or public place in the City of Niagara Falls.
99-17
A by-law to authorize the execution of an agreement with 828324 Ontario
Limited operating as Design Electronics respecting a Card Access System
for security.
99-18
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City roads. (Heavy Vehicles)
99-19
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Limited Parking, Parking Prohibited)
99-20
A by-law to amend By-law No. 98-66, being a by-law to provide for the
remuneration of the Mayor and the members of Council of the City of
Niagara Falls.
-8-
The motion CarTied with Aldermen Wing and Volpatti voting contrary to By-law No. 99-20
and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the following by-laws be now read a second and third time:
99-16
A by-law to regulate the playing of bands and musical instruments on any
highway, park or public place in the City of Niagara Falls.
99-17
A by-law to authorize the execution of an agreement with 828324 Ontario
Limited operating as Design Electronics respecting a Card Access System
for security.
99-18
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City roads. (Heavy Vehicles)
99-19
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Limited Parking, Parking Prohibited)
99-20 A by-law to amend By-law No. 98-66, being a by-law to provide for the
remuneration of the Mayor and the members of Council of the City of Niagara
Falls.
The motion Carried with Aldermen Wing and Volpatti voting contrary to By-law No. 99-20
and with all others voting in favour.
NEW BUSINESS
Letter of Condolence
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
a letter of condolence be forwarded to the family of the late Peter Bailey, a well-respected
citizen in the sports community, especially with his involvement in the field of soccer.
Carried Unanimously.
Niagara Promotions - Miss Teen Niagara
Alderman Pat Cummings referred to the well-attended Miss Teen Niagara event and
requested that letters of congratulations be forwarded to this years Miss Teen Niagara
April Mullen; First Runner Up Miss Angela Tancredi and Second Runner Up Miss Tania
Drake; and also that a letter of special congratulations be forwarded to Pageant Director
Christine Ella and Assistant Lindsay Thomson for all their efforts in the event.
Niagara Falls Secondary School Auditorium
Alderman Pat Cummings commented on the closure of the Niagara Falls Secondary
School Auditorium and was advised by Mayor Thomson that a letter had been forwarded
to Mr. MacLean, Director of Education, District School Board of Niagara, advising him that
the facility was too important to the community to be closed.
I I
Letter of Appreciation
ORDERED on the motion of AIdetii~an Craitor, seconded by Alderman Fisher, that a letter
of appreciation be forwarded to the United Way for aft their efforts in a very successful
fundraising campaign. Carried Unanimously.
"Strike Out Violence in Our Communities" Bowling Tournament
Alderman Paisley Janvary, City Team Captain, advised that the bowling toumament
was a fundraising event for the local Women's Shelters being held on March 3, 1999 with
a total fee of $200.00 and requested that the fee be a cost paid by the City.
Following some discussion, it was ORDERED on the motion of Alderman Janvary,
seconded by Alderman Michelczyk, that the fee of $200. O0 for the Strike Out Violence in
Our Communities Bowling Tournament be a cost paid by the City. Carried Unanimously.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that
the meeting be adjoumed. Catfled Unanimously.
READ AND ADOPTED,
R. O. KALLIO, ACTING CITY CLERK
WAYNE THOMSON, MAYOR
SPECIAL COUNCIL MEETING
Council Chambers
February 1, 1999
Council met on Monday, February 1, 1999 at 4:30 p.m., for the purpose of
considering a proposed by-law to prohibit cats from being at large or trespassing within the
City of Niagare Falls. All members of Council, were present. His Worship Mayor Thomson
presided as Chair.
The City Solicitor provided highlights of the proposed by-law that had been prepared
to consider public input, reviewed Options #1 - Passage of By-law to Control Cats and
Vigorous Enforcement by the City and Option #2 - Passage of By-law to Control Cats and
Self-enforcement of By-law; and was of the opinion that Council could either accept or
reject the by-law; change the by-law or maintain the status quo and not take any action on
the matter.
During the discussion, it was suggested that in Section 6, Item (2) the word "so/d"
be replaced with the word "adopted".
In response to questions raised, the City Solicitor advised that fines would ultimately
be set by the courts.
- AND -
Report L-98-89 - Control of Cats. The report recommends that the attached by-law
be passed to prohibit cats from being at large and trespassing on private and public
property and to identify them.
- AND -
Correspondence - Signed "A fellow citizen". The communication advises as being in
agreement with the by-law.
Correspondence - Larry & Pat Antonio. The communication expresses concerns
regarding cats roaming free in the neighbourhood and indicates as being in favour of the
proposed by-law.
Correspondence - Elizabeth A. Rose. The communication indicates as being opposed
to the proposed by-law.
Correspondence - Kathyrn Stewart &Pam Stewart The communication comments on
the proposed by-law as being too costly to enforce; suggesting that the City and local vets
co-ordinate a spay and neuter clinic twice a year at a minimal cost to the public.
Correspondence - Elizabeth Forrester. The communication comments on the proposed
by-law with respect to costs; control of the mouse and rat population; and of the stress on
cats that be confined or kept on a harness.
Communication - Lydia Parowinchak. The communication advises as being opposed
to the proposed by-law.
Communication - Correspondence Signed "Anonymous". The communication
responds to Ms. Colleen McComb-Page's concerns.
-2-
Communication - Jane Lowrey. The communication advises as objecting to the
proposed by-law to regulate the movement of domestic cats by requiring that they be
leashed or confined.
Communication - Mrs. Paula VanderWeyden & Family. The communication advises as
being opposed to the proposed by-law.
Communication - Ronald Rap. The communication advises as being in full support of
the proposed by-law.
Communication - Eric Sheridan. The communication requests that Council abandon
any thoughts of introducing the by-law in view of the cost, practicability and the problems
that currently with the N.F. Humane Society.
Communication - Mrs. Doreen McLean. The communication advises as being opposed
to the proposed by-law.
Communication - Mr. Terry Ramsay. The communication advises as being in opposition
to the proposed by-law.
Communication - Lynn Trotter. The communication advises as being in favour of the
proposed by-law.
Communication - Signed Chippawa Resident- Correy & Rapeljie Subdivision. The
communication advises as being in favour of the proposed by-law.
Communication - Kim Bellinger. The communication advises as being in favour of the
proposed by-law.
Commumcation - Margaret & Henry Voskuilen. The communication expresses
concerns with respect to the proposed by-law.
Communication Ms. Barbara Drewette. The communication comments on the
proposed by-law and indicates opposition to the by-law.
Communication - Mr. Henry Badger. The communication suggests tolerance by some
people and a bit of effort by cat owners to control their pets would be a more preferable
method than to bring in an expensive and unnecessary by-law.
Communication - Ms. Dianne M. Fowler. The communication advises as being in
opposition to the proposed cat-control by-law.
Communication - Ms. Kathirene Walker. The communication advises as being opposed
to the proposed by-law.
His Worship Mayor Thomson received a positive response to his request for a show
of hands by persons present who were interested in matter.
Ms. Colleen McComb-Page, advised that she had initially requested the need for
a by-law to control cats within the City; the need to keep cats indoors oron a leash fortheir
own safety and the protection of private property; she expressed concems with respect to
irresponsible cat owners who leave their cats to the elements; referred to the spread of
disease; and of cat waste deposited in flowerbeds and sandboxes.
She advised as being in opposition to self-enforoement of the by-law and micro
chipping of cats; and was of the opinion that fines should be raised for every subsequent
offence; suggested having a yearly or bi-yearly spaying or neutering program and urged
Council to vote in favour of the by-law.
-3-
Ms. Joan Freeman, advised that she was in favour of a by-law that would not let
cats roam at large but stated she was not in favour of having micro chips for cats.
Mrs. M.A. Corfield, was of the opinion that micro-chipping of cats was a good idea,
although costly for seniors, shut-ins, and suggested that the procedure could also be used
for dogs; commented on the Retrieval of Excreta and Leashing, advised that a cat on a
leash can not hunt and suggested that to restrict a cat's freedom to seek it's natural prey
would be an increased risk to public health.
Ms. Karen Lawrence, a breeder of pedigree cats, provided comments on the
following issues: 1) cats are not permitted to be at large or to trespass on private property;
2) cats are not permitted to be off their property except on leashes; 3) owners must pick
up and dispose of feces of their cats if the cats defecate on private or public property; 4)
Every cat must have a microchip implanted by a veterinarian and the particulars of the
microchip must be submitted to the Niagara Falls Humane Society; 5) if a cat is
impounded, the owner is responsible for the expenses in taking the cat into custody, its
care while in custody and the veterinarian fees; suggested that cities are far better served
by promoting a "live and let five" attitude toward cats and supporting enlightened
educational programs for voluntary identification to aid in retuming lost cats to their owners;
and advised that the Cat Fanciers' Association can provide studies and information that will
assist the municipality in setting up the educational programs and urged members of
Council to reconsider.
Ms. Janet Devine, stated that as a taxpayer, she would find it offensive to have
money taken from the City's tax dollars, to implement and enforce such a by-law;
questioned the number of people that would benefit from the proposed by-law and how
many would be penalized; suggested that any revenue from licensing and micro chipping
should go to the Humane Society to assist in their operating costs and programs.
Mr. Charlie Burland, expressed the opinion that the by-law would be difficult to
enforce and stated that his main concern was in keeping the cats indoors.
Mr. Carl Eade, indicated he was in favour of micro-chipping for cats and suggested
that responsible cat owners keep their cats indoors.
Mrs. Elaine Ramsay, stated her opposition to the proposed by-law and indicated
that squirrels and raccoons can also do an extensive amount of damage to gardens and
shrubbery; and was of the opinion that the by-law would be penalizing the responsible cat
owners instead of the irresponsible ones.
Ms. Janet Clayton expressed her opposition to the by-law; stated that micro
chipping cats would be very expensive; and expressed concerns regarding the leashing
of cats; the costs of implementing the by-law and indicated that the by-law would be
penalizing responsible cat owners.
Mrs. Johanne Duguay, advised that she was in favour of the by-law and that by
keeping cats indoors would prevent having feces in sandboxes and flowerbeds; and
expressed the opinion that the by-law was essential
Ms. Pat Hart, indicated that she was in favour of the cat by-law.
Mr. Helmut Rempel, requested, on behalf of the Niagara South Federation of
Agriculture, that agricultural rural lands be exempt from the proposed by-law; expressed
the view that the by-law could result in individuals "dumping" their cats in rural areas; and
advised that cats are a non-toxic rodent control
-4-
Mr. Tom Green, advised as being in support of the by-law; referred to irresponsible
cat owners, who leave their cats outdoors; expressed concems of cats using sand boxes
as litter boxes; cats should be leashed outdoors; advised he was in favour of micro
chipping cats and was of the opinion that the live trap fee should be levied with the fee
being charged to the cat owner when the cat was captured.
Mrs. Henry Voskuilen indicated as not being in favour of the by-law; advised that
cats were useful hunters of mice and rats and she was of the opinion that it would be cruel
to lock cats up in the house or to put them on a leash as this would hamper their hunting
nature; she also indicated that cats were not a nuisance but a necessity.
Mr. Gary Wilkins, advised as being in favour of the by-law and enquired why the
cost of five traps should be paid by the individuals who trap cats and suggested that the
costs should be part of the fee when the cats are picked up by their owners.
Mrs. Susan Galley stated that she was not in favour of the by-law; suggested that
there be a two-tier system of licencing in place.
Mr. Henry Badger, expressed the view that a leashed cat cannot hunt; that micro-
chipping was unnecessary; and that a fine of $5,000 was preposterous; he suggested
that the fee of retrieving cats should be raised higher and inquired whether it was the
responsibility of the Board of Health to pick up stray cats.
During the discussion, the following issues and concerns were raised: 1) the
enfomement of the by-law; 2) the issue of stray, roaming cats; 3) the costs associated with
a neutering program; 4) the possibility of a neutering program through the co-operation of
local veterinarians; 5) the availability of live traps being considered free of charge.
It was noted that the onus should be on the cat owners to be responsible for any
associated charges and costs.
Mr. Paul Brown, President, Micro Chips, provided information on the preocedure
of micre chipping an animal and the registration procedure.
Following the discussion, His Worship Mayor Thomson thanked everyone for their
attendance and advised that all interested persons would be notified when the matter
would come back to Council.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the
matter be referred to staff and to the Kitty Committee to consist of Aldermen Craitor, Fisher,
Janvary and Wing and the Humane Society. Canfed Unanimously.
ORDERED on the motion of Mayor Thomson, seconded by Alderman Campbell, that the
meeting be adjoumed. Canfed Unanimously.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
FOURTH MEETING
REGULAR COUNCIL
Council Chambers
February 1, 1999
Council met on Monday, February 1, 1999 at 7:00 p.m., for the purpose of
considetYng Regular Business. All members of Council, were presenL Alderman Victor
Pietrangelo provided the Opening Prayer.
ADOPTION OF MINUTES
Alderman Volpatti requested that the Minutes of January 25, 1999 be amended to
reflect that she and Alderman Wing were in opposition to the motion with respect to the
Remuneration of the Mayor and members of Council.
ORDERED on the motion of AIderman Cummings, seconded by AIderman Craitor, that the
Minutes of the Regular Meeting of January 25, 1999 be adopted as amended. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Cummings indicated a pecuniary interest on Report F-99-05, Cheque No.
242553 because the recipient is Acres.
Alderman Craitor indicated a pecuniary interest on Report F-99-05, Cheque No.
242568 because a member of his family is employed by the recipient; and on Cheque Nos.
M92555; M92556 and M92564 because a member of his family is employed by the Region.
Alderman Michalczyk indicated a pecuniary interest on Report F-99-05, Cheque No.
24263 because he is a volunteer firefighter.
DEPUTATIONS
Ms. Linda Gervais, Campaign Coordinator, Heart and Stroke Foundation of
Ontario, presented the Heart and Stroke flag to Mayor Thomson in acknowledgement of
February being "Heart and Stroke Month".
Mr. Larry Storm, Vice President, The Heart and Stroke Foundation, Niagara
Falls Chapter, indicated that the goal of the Heart and Stroke Foundation was to raise
funds through promotions toward research of heart disease and stroke; and provided
information on the following fundraising promotions: the Person-to-Person Program; the
Dress Red Program and the Say It With Heart Program.
Mayor Thomson thanked Mr. Storm for his presentation and extended best wishes
on behalf of Council toward the fundraising programs and advised that the flag would be
flown outside City Hall durfng the month of February.
I I
-2-
COMMUNICATIONS
Communication No. 34 - Gale's Gas Bars Limited - Re: Unfair comments in local
Review Letters to Editor Column, January 26, 1999 - commenting on the situation
regarding Thorold Stone Road at the Q.E W. and the Ministry of Transportation.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the
correspondence be received and filed for the Information of Council and further that a copy
of the correspondence be forwarded to Mr. Daryl Hoffman. Carried Unanimously.
Communication No. 35 - Region of Niagara/City of Niagara Falls - Re: Notice of
Safety Review, Dorchester Road from Lundy's Lane to Thorold Stone Road.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that
the correspondence be received and filed for the Information of Council. Carded
Unanimously.
REPORTS
MW-99- fO - Chief Administrative Officer- Appointment of Inspector- Tammy Pearce.
The report recommends that Tammy Peame be appointed as an Inspector pursuant to the
Building Code Act 1992 and that By-law 93-283 be amended accordingly.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, that the
report be received and adopted and further that a letter of congratulations be forwarded
to Tammy Peame on her appointment. Carded Unanimously.
See By-law No. 99-21
R-39-07 - Chair, Environmental Planning & Greening Committee - Actions Stemming
from Environmental Planning & Greening Committee Meeting of January 20, 1999.
The report recommends that Council endorse the actions of the Environmental Planning
& Greening Committee meeting held on January 20, 1999.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
F-99-04 - Chief Administrative Officer- Borrowing By-law. The report recommends
that the Corporate Services Committee approve the borrowing of $23,000,000.00 for
current expenditures for the year 1999.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the report be received and adopted. Carded Unanimously.
See By-law No. 99-23
F-99-05- Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that Council approve the municipal accounts totalling $2,099,595.38 for the
period ending February 1, 1999.
Infofii~ation was requested on Cheque Nos. 242688 and 242696.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. The motion Carded with Aldermen Cummings, Craitor
and Michalczyk abstaining from the vote on conflicts of interest previously noted and with
all others voting in favour.
See By-law No. 99-24
PD-99-15 - Chief Administrative Officer- Re: Applications for Site Plan Approval;
6864 Lundy's Lane; Proposed Reta~ Store. The report recommends that Council
approve the site plan for a proposed retail store at 6864 Lundy's Lane.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carded Unanimously.
I lll III I I
-3-
BY-LAWS
ORDERED on the motion of Alden'nan Fisher, seconded by Alderman Cummings, that
leave be granted to introduce the following by-laws and the by-laws be road a first time:
99-21
A by-law to amend By-law No. 93-238, as amended, being a by-law to
appoint a Chief Building Official and Inspectors under the Building Code Act.
99-22
A by-law to amend By-law No. 98-66, being a by-law to provide for the
remuneration of the Mayor and Members of Council of the City of Niagara
Falls.
99-23
A by-law to authorize the borrowing of Twenty-Three Million Dollars for
current expenditures for the year 1999.
99-24 A by-law to authorize monies for Genera/Purposes (February 01, 1999)
The motion Carried with Aldermen Pietrangelo and Wing voting contrary to the motion on
By-law No. 99-22 and with all others voting in favour.
Following some discussion, On the motion of Alderman Wing, seconded by
Alderman Craitor, that By-law No. 99-22 take effect on January 1, 200~.
The motion was Lost with Aldei7~en Craitor, Janvary, Pietrangelo and Wing voting in favour
and with all others voting contrary to the motion.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the
following by-laws be now road a second and third time:
99-21
A by-law to amend By-law No. 93-238, as amended, being a by-law to
appoint a Chief Building Official and Inspectors under the Building Code Act.
99-22
A by-law to amend By-law No. 98-66, being a by-law to provide for the
remuneration of the Mayor and Members of Council of the City of Niagara
Falls.
99-23
A by-law to authorize the borrowing of Twenty-Three Million Dollars for
current expenditures for the year 1999.
99-24 A by-law to authorize monies for Genera/Purposes (February 0~, 1999)
The motion Carried with Aldermen Pietrangelo and Wing voting contrary to the motion on
By-law No. 99-22 and with all others voting in favour.
On the motion of Alderman Wing, seconded by AIderman Craitor, that By-law No. 99-22
take effect on January ~, 2001.
The motion was Lost with Aldermen Craitor, Janvary, Pietrangelo and Wing voting in favour
and with all others voting contrary to the motion.
NEW BUSINESS
Regional Government
Alderman Pat Cummings discussed the Regional Governance committee;
commented on the issue of Regional and municipal government and discussed the
possible need for public input on the matter.
-4-
Letter of Congratulations
ORDERED on the motion of Alderman Fisher, seconded by A/derrnan Janvary, that a letter
of congratulations be forwarded to Pat and Rosa Simon on the occasion of their 35th
Wedding Anniversary. Carried Unanimously.
Niagara Bachelor Auction
Alderman Judy Orr provided information on a "Niagara Bachelor Auction" being
held on February 9, 1999 at the Seneca Nightclub, sponsored by Human Health 3000 with
proceeds going to the Honduras Hurricane Relief fund.
Critical and Strategic Needs of Municipal Governments
Alderman No,, Puttick referred to correspondence from the Association of
Municipalities of Ontario (AMO) requesting input from municipalities on what they feel are
the top three critical and strategic needs of municipal govemments for the next four years,
' needs that can be realistically achieved in the term of the next government.
Following some discussAn, it was ORDERED on the motion of Alderman Pu~c~
seconded by Alderman Micha~zyk, that the ma~er be referred ~ s~ Carried
Unanimous~.
ORDERED on the motion of Aldefii~an Michalczyk, seconded by Alderman Cummings, that
the meeting be adjoumedo Carried Unanimously.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
FIFTH MEETING
COMMITTEE-OF- THE WHOLE
Committee Room #2
February 8, 1999
Council met on Monday, February 8, 1999 at 6:45 p.m. in Committee-of-the-
Whole. All members of Council, were present. Alderman Shirley Fisher presided as
Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interests.
DEPUTATIONS
Mr. Doug Birrell, Chairman, Japan Week advised that Japan Week, being
celebrated from May 7-10, 1999, was a cultural event developed in Japan by the
Intemational Friendship Foundation, a non-preffi organization authorized by the Japanese
Ministry of Foreign Affairs; to strengthen ties between Canada and Japan in order to
promote mutual respect and understanding at the citizen level; and to introduce Japanese
culture to Canadian audiences by presenting educational, cultural, athletic and entertaining
events. Mr Birrell introduced Mr. Miki Morikawa, Director of the International Friendship
Foundation, who provided information on the events during Japan Week and thanked
members of Council for their support.
His Worship Mayor Thomson expressed appreciation to all the participants for their
presentation.
Following the presentation, it was ORDERED on the motion of Alderman Cummings,
seconded by AIdeiTi~an Fisher, that Councilre-affirms its endorsement that May 7-10, 1999
be proclaimed Japan Week. Carried Unanimously.
PLANNING MEETING
Counc~ Chambers
February 8, 1999
Council met on Monday, February 8, 1999 at 7:00 p.m. for the purpose of'
considering Planning/Regular Business matters. All members of Council, were present.
Alde..an Paisley Janvary offered the Opening Prayer.
- 2 -
PD-99-16 - Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-43/98, 4610 Ferguson Street; Extension to a Temporary Use By-
law. The report recommends that Council approve the application to extend the
temporary use by-law for a second dwelling at 4610 Ferguson Street for a period of three
years.
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 Notice of the Public Meeting had been given in
accordance with Regulations on January 8, 1999.
His Worship Mayor Thomson received indication that Mr. Gunter Sommerfeldt,
was in attendance on behalf of the applicant and received a negative 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with
the assistance of posted sketches and reviewed the information contained in the
Recommendation Report.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a
negative response in opposition to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-43-98 closed.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Volpatti, that
the report be received and adopted. Carried Unanimously.
PD-99-17 - Chief Administrative Officer - Re: Zoning by-law Amendment
Application; AM-34/98, 5781 Victoria Avenue and 5715 Ellen Avenue; Proposed Off-
Site Parking. The report recommends that Council approve this application to pet~it the
required parking for a proposed addition to the Econo Lodge Motel at 5781 Victoria
Avenue to be located off-site at 5715 Ellen Avenue conditional on the owner dedicating
a 5.0 foot read widening across the full frontage of both the hotel and parking lot sites.
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 Notice of the Public Meeting had been given in
accordance with Regulations on January 8,. 1999.
His Worship Mayor Thomson received indication that Mr. Danny Colangelo, was
in attendance on behalf of the applicant, and received a negative 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.
[lllllllu H I
- 3 -
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with
the assistance of posted sketches and reviewed the infoff,ation contained in the
Recommendation Report and advised that staff was recommending approval of the
application.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a
response in opposition to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-34/98 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the report be received and adopted. Carried Unanimously.
PD-99-18 - Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-48/98, 984244 Ontario Inc. (Lazar Cartu, President); 6909 McLeod
Road. The report recommends the following:
That Council approve the Zoning By-law amendment application, as noted in this
report, which will permit the land to be used in conjunction with the Hamburg
Honda car dealership;
That the amending by-law be presented to Council after a site plan agreement has
been registered on title.
- AND -
Communication No. 38 - Mr. James Zarafonitis, 7182 Warden Avenue, expressed
concems on the issue of water drainage onto his property.
Communication No. 37- Regional Niagara, Planning and Development Department.
The communication advises as having no objections to the application.
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 Notice of the Public Meeting had been given in
accordance with Regulations on January 8, 1999.
His Worship Mayor Thomson received indication that Mr. David Shapiro, Solicitor,
was in attendance on behalf of the applicant and received a negative 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with
the assistance of posted sketches and reviewed the information contained in the
Recommendation Report.
illIll: II I
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a
negative response in opposition to the application.
Mr. David Shapiro, 261 Martindale Road, advised that the proposal was to utilize
the subject land in order to expand the existing car dealership and that the project should
be completed within approximately 9-10 months time; he indicated that a legal
undertaking to enter into a site p/an agreement with the City from a// the applicants lands
at the time of application for a building permit would be provided.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-48/98 closed
Following some discussion, it was ORDERED on the motion of Alderman
Cummings, seconded by Alderman Fisher, that Council approve the zoning by-law
amendment application, which will permit the land to be used in conjunction with the
Hamburg Honda car dealership; and that the applicant provide a legal undertaking to
enter into a site plan agreement for all of the applicant's lands at the time of application
for a building permit or within two years from the passing of the zoning By-law. Carried
Unanimously.
ORDERED on the motion of Alderman Wing, seconded by A/derrnan Pietrangelo, that
the correspondence be received and filed. Carried Unanimously.
PD-99-20 - Chief Administrative Officer- Re: Ontario Heritage Week. The report
recommends that City Council proclaim the week of February 15 to 21, 1999 as Heritage
Week in the City of Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that
the report be received and adopted. Carried Unanimously.
His Worship Mayor Thomson referred to a recent article in the Niagara Falls
Review by Ms. April Petrie which discussed Heritage and Historical sites.
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings,
that the Regular Council Minutes of February 1, 1999, be adopted as printed. Carried
Unanimously.
COMMUNICATIONS
Communication No. 38 - Quantum Niagara Gymnastics Inc. - Re: Grand Opening.
The communication invites members of Council to attend the grand opening of their
pemianent facility on Saturday, February 13, 1999.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the communication be received and filed for the Information of Council. Carried
Unanimously.
Communication No. 39 - Canadian Red Cross, Niagara Falls Branch - Re: "Fun"
Spiel Curling BonspieL The communication requests that Council enter a team or
enter individually for the Red Cross Annual "Fun" Spiel Cuffing Bonspiel on March 27,
1999.
- 5 -
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
Council supports the Red Cross Curling Bonspiel and that Aldem~an Pietrangelo organize
a City team for the event. Carried Unanimously.
Communication No. 40 - Four Seasons Aviation Ltd. - Re: Low Level Flights. The
communication advises that they will be conducting low level filming flights, landings and
take-offs by helicopter in the City of Niagara Falls on February 9th to February 23~, 1999
in conjunction with Over Canada, Gary McCartie Productions.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the correspondence be received and filed. Canfed Unanimously.
REPORTS
MW-99-11 - Chief Administrative Officer- Re: Heating Ventilation and Air
Conditioning (HVAC); Modifications - City Hall; Replacement of Air Handling Units.
The report recommends that Council award Tender #16-98 for the HVAC Upgrade,
including Air Handling Units for City Hall, to E S. Fox Limited for the Tendered amount
of $216,675.00.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the report be received and adopted. Canfed Unanimously.
See By-law No. 99-25
MW-99-16 - Chief Administrative Officer - Re: Tender #1-99; New Equipment
Purchases. The report recommends that the following low bidders be awarded the
respective tenders as follows:
1)
Autoland Chrysler Ltd., Niagara Falls, for Three (3) Pickup Trucks totalling
$67,671.25;
Hamilton Truck Service Ltd., Hamilton, for Two (2) Trucks c/w Dump Body
Snowplow & Wing totalling $246,914.20;
John Bear Pontiac Buick, St. Catharlnes, for One (1) Single Axle Truck 10,000 Ib.
G. V. W. for $41,955. 45;
4) Niagara Motors, Niagara-on-the-Lake, for Five (5) Panel Vans totalling
$104,477.50.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the actions taken on the following matters by the Community Services Committee, earlier
this evening, be approved:
Adoption of the Minutes of the January 25, 1999 Community Services Committee
Meeting;
The Heavy Construction Association of Niagara - Re: Local Infrastructure
Preservation & Investment - that information provided by the Heavy Construction
Association of Niagara be received; and that staff contact both levels of
government expressing concern with the condition of infrastructure and how it
affects the local economy, along with documentation of the number of years we
have had to cut back on funding for our roads; and that a request be made for
funding for the municipality from gasoline taxes collected;
illIll rl I
That the Roberts Street residents' presentation Re: MTO's change in plans on
Roberrs Street be received for information; and that staff meet with the residents
and our local M. P. P. to investigate the concerns of the residents prior to the
MTO's presentation to Committee;
HR-99-06 - Leadership Development Program - that Pinnington Training and
Development be hired to provide leadership development training to all
supervisory staff at a total of $23,750 plus G.S. T.;
R-99-08 - That support of adoption of Policy and Procedures on matters referred
to the Arts & Culture Commission by Council - Alderman Cummings opposed;
MW-99-12 - Thorold Stone Road Sanitary Sewer Surcharge Relief- deferral of
Thorold Stone Road Sanitary Sewer Surcharge relief, with additional information
to be provided by staff - Alderman Campbell declared a conflict of interest
because his parents reside in the area;
MW-99-14 - Water Meter & Rates Structure (previously discussed in Water
Wastewater Sub-Committee meeting) - that the City proceed with the installation
of water meters for the residential sector, and that staff continue to review impacts
on the proposed rate structure and report back to Committee prior to any changes
being implemented;
MW-99-15 - Reduction of Landfill Tipping Fee - that the tipping fee at the
Mountain Road landfill be reduced to $60. O0/tonne effective January 1, 1999;
MW-99-18 - 1) Construction Agreement between The City of Niagara Falls &
HOCO Ltd. - Construction of Storm & Sanitary Sewers on Robinson Street (Jol/ey
Cut) and 2) Easement for same from Niagara Parks Commission - that staff enter
into a construction agreement with HOCO Limited for the construction of storm &
sanitary sewers on Robinson Street (Jolley Cut); and an easement agreement for
same with the Niagara Parks Commission.
Carried
See By-law No. 99-27
See By-law No. 99-31
See By-law No. 99-32
L-99-13 - Chief Administrative Officer - F.G.E. Investments Ltd. Transfer of
Easement to the City; East Side of Mewburn Road. The report recommends that
Council authorize the acceptance of a Transfer of Easement from F.G.E. Investments
Ltd. For the construction and maintenance of a watermain.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
L-99-14 - Chief Administrative Officer - Re: Easement and Licence Agreement with
Bell Canada part of former Haulage Road, West Side of St. Paul Avenue. The report
recommends that Council authorize an Easement of Licence Agreement with Be~
Canada to permit the construction and operation of a Bell Station on a portion of the
fo,,er Haulage Road, on the west side of St. Paul Avenue.
ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-28
RA TIFICA TION OF COMMITTEE-OF- THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Michalczyk,
that the action taken on the following matter by the Committee-of-the-Whole, eadier this
evening, be approved:
City-owned lands, north side of McLeod Road, east side of Montrose Road to
Kinsmen Court, Part Lots 163 and 170 - that the offers to purchase not be
accepted; that staff be directed to approach the disposition of the 25-acre parcel
as an economic development initiative investigating such matters as rezoning,
subdivision and joint ventures to maximize yield and City benefits and that a
Phase 2 Environmental Assessment be undertaken at the site. Carried
Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that leave be granted to introduce the following by-laws and the by-laws be read a first
time:
99-25
A by-law to authorize the execution of an agreement with E.S. Fox Limited
respecting the HVAC Upgrede, including Air Handling Units for City Hall.
99-26
A by-laW to amend By-law No. 79-200, as amended. (Re: AM-31/9&
Meadow Creek Phase II Plan of Subdivision)
99-27
A by-law to authorize the execution of an agreement with David Pinnington
and Lynda Pinnington operating business as Pinnington Training &
Development respecting a proposal for Consulting Services for a
Leadership Development Program.
99-28
A by-law to authorize an Agreement for an easement or licence in favour
of Bell Canada over part of the former Haulage Road, on the west side of
St. Paul Avenue.
99-29
A by-law to amend By-law No. 79-200, as amended. (Re: AM-40/g& Ref.
Plan 59R-7930)
99-30
A by-law to amend By-law No. 79-200, as amended. (Re: AM-28/98, River
Realty Development (1976) Inc.)
99-31
A by-law to authorize the acceptance of a transfer of easement from The
Niagara Parks Commission for the purpose of a storm sewer.
99-32
A by-law to authorize an Agreement, dated February 4, 1999 between
HOCO Limited and The Corporation of the City of Niagara Falls for the
purpose of setting out the terms and conditions of the construction and
maintenance of a storm sewer.
Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the following by-laws be now read a second and third time:
99-25
A by-law to authorize the execution of an agreement with E.S. Fox Limited
respecting the HVAC Upgrade, including Air Handling Units for City Hall.
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99-26
99-27
99-28
99-29
99-30
99-31
99-32
A by-law to amend By-law No. 79-200, as amended. (Re: AM-31/98,
Meadow Creek Phase II Plan of Subdivision)
A by-law to authorize the execution of an agreement with David Pinnington
and L ynda Pinnington operating business as Pinnington Training &
Development respecting a proposal for Consulting Services for a
Leadership Development Program.
A by-law to authorize an Agreement for an easement or licence in favour
of Bell Canada over pad of the former Haulage Road, on the west side of
St. Paul Avenue.
A by-law to amend By-law No. 79-200, as amended. (Re: AM-40/98, Ref.
Plan 59R-7930)
A by-law to amend By-law No. 79-200, as amended. (Re: AM-28/98, River
Realty Development (1976) Inc.)
A by-law to authorize the acceptance of a transfer of easement from The
Niagara Parks Commission for the purpose of a storm sewer.
A by-law to authorize an Agreement, dated February 4, 1999 between
HOCO Limited and The Corporation of the City of Niagara Falls for the
purpose of setting out the terms and conditions of the construction and
maintenance of a storm sewer.
Carried Unanimously.
NEW BUSINESS
Niagara Economic and Tourism Corporation (Netcorp)
Alderman Norm Puttick referred to the Region's Niagara Economic and Tourism
Corporation (Netcorp) and requested that a report be provided to Council on their
activities.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that
Mr. William B. Connor, Chief Administrative Officer of Netcorp. be invited to a future
Council meeting to report on the activities of Netcorp. Carfled Unanimously.
Closure of Niagara Falls Chronicle
Alderman Norm Puttick advised members of Council that the Niagara Falls
Chronicle was no longer in operation.
Chamber of Commerce Dinner
Aldeiiiian Puttick referred to the upcoming Chamber of Commerce Dinner, being
held at the Skyline Brock, on February 24, 1999.
rlllllllll ~1 !
Council Correspondence
Alderman Norm Puttick stated that the correspondence received from Ms. Pitul
in the Council packages be received and filed.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Michalczyk, that
the correspondence from Ms. Jane Pitul regarding Barker Street be received and filed.
Carried Unanimously.
lan Strathern Fundraiser
Alderman Kim Craitor informed members of Counc~ that a fundraiser was being
sponsored by the Niagara Film Festival at the Sheraton Fallsview Hotel on February 23,
1999 with all proceeds going to the lan Strathem fund.
Parked Trucks at Donut Shops
Alderman Kim Craitor expressed concerns on having transport trucks parked at
donut shops and the issue of safety and disruption of traffic. He requested that residents
who have concems on the matter, should contact the By-law Enforcement at City Hall.
Chippawa Sesqui Centennial Celebrations
Alderman Shirley Fisher referred to the 150th Anniversary of the incorporation of
Chippawa and requested that a committee be established to organize the celebrations.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the
Village of Chippawa Citizens Committee be the official organizers of the Chippawa
Sesqui Centennial celebration event and that the committee work under Alderman
Janvary's Millennium Committee and the Parks, Recreation and Culture Department.
Carried Unanimously.
Handicap Parking Fines Increase
Alderman Pat Cummings advised that approval had been received from the
Attorney Generars Office and that fines for improper parking in handicapped parking
spaces would be increased from $75.00 to $150.00.
Heritage Grant - Book Pubfication
Alderman Shirley Fisher expressed concems regarding a recent grant of
$98,000. O0 issued by Heritage Canada to fund a publication of "dumb blonde jokes" and
requested that a resolution be forwarded to the Federal govemment expressing Council's
dissatisfaction.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that
a resolution be forwarded to the Federal govemment expressing Council's dissatisfaction
of issuing a $98,000. O0 grant by Heritage Canada to fund a publication of "dumb blonde
jokes". Carried Unanimously.
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10 -
Taxation on Casino Winnings
His Worship Mayor Thomson referred to the Federal govemmenrs discussions on
the taxation of casino winnings and expressed great concerns of the negative impact this
would have on the municipality
ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that a
letter be forwarded to the Federal government and to our Member of Parliament, Mr.
Gary Pillitteri, expressing Council's concerns with respect to the negative impact the
taxation of casino winnings would have on the municipality. The motion Carried with
Alderman Orr abstaining from the vote on a conflict of interest, because she is employed
by the Casino and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Feren, that
the meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
SIXTH MEETING
REGULAR COUNCIL
Counc~ Chambers
February 15, 1999
Counc~ met on Monday, February 15, 1999 at 7:00 p.m. for the purpose of
considering Regular Business matters. All members of Council, with the exception of
Alderman Michalczyk, who was away on vacation, were present. Alderman Ken Feren
offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Puttick and Mayor Thomson referred to the matter dealing with the
Provincial govemmenrs plans for the acquisition of property along Roberts Street
(Highway 420) and to the provision of a park-like setting with proper street widenings,
sidewalks and lighting along Roberts Street (Highway 420).
Following the discussion, it was ORDERED on the motion of Alderman Cummings,
seconded by Alderman Volpatti, that the Minutes of Planning/Regular Meeting of
February 8, 1999 be adopted as printed. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Janice Wing indicated a pecuniary interest Report CD-99-04, from
Corporate Services Committee, dealing with the advance funding program because she
is Chair of the affected organization.
Alderman Pat Cummings indicated a pecuniary interest on Report CD-99-04, from
Corporate Services Committee, dealing with the advance funding program because he
is involved with an organization that requested funding.
Alderman Kim Craitor indicated a pecuniary interest on the Deputation matter
dealing with the Greater Niagara Transit Commission Annual Statement, because a
member of his family is employed by the accounting firm that conducted the audit; and
on Report F-99-07, Cheque Nos. 242932; 242989; 242882; 243064 because a member
of his family is employed by the Region.
DEPUTATIONS
Greater Niagara Transit Commission
Mr. Bart Maves, Chair, Niagara Transit Commission, reviewed the Annual
1998 Statement of Affairs for the Greater Niagara Transit Commission and Niagara
Chair-A-Van; expressed appreciation to Council for their continued support; advised that
the Niagara Transit Commission would be hosting the Pennsylvania Bus Association
Convention from June 13-17, 1999 and invited members of Council to the opening and
closing ceremonies.
Following the presentation, it was ORDERED on the motion of Alderman
Cummings, seconded by AIderman Fisher, that the 1998 Annual Statement of Affairs for
the Greater Niagara Transit Commission and the Niagara Chair-A-Van be received and
filed. The motion Carried with Alderman Craitor abstaining from the vote on a conflict
of interest previously noted and with all others voting in favour.
COMMUNICATIONS
Communication No. 41 - Professional Engineers Ontario, Niagara Chapter - Re:
Proclamation. The communication requests that Council declare the week of February
26 to March 6, 1999 as 'National Engineering Week, 1999".
ORDERED on the motion of Alderman Campbell, seconded by AIderman Pietrangelo,
that the week be proclaimed subject to established policy. Carried Unanimously.
Communication No. 42 - The Regional Municipality of Niagara, Joint Regional-
Municipal Committee on Governance - Re: Municipal Input, The communication
requests Councirs views and suggestions on issues dealing with Less Government;
Effective Representation System; Best Value for Taxpayers' Dollar; Ability to Provide
Municipal Sellices from Municipal Resources and Supportive Environment for Job
Creation, Investment & Economic Growth.
ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that a
Municipal Sub-Committee be established with Alderman Cummings as Chair, and with
all members of Council being involved. Carried Unanimously.
Communication No. 43 - Niagara Falls & District Labour Council - Re: Resolution.
The communication requests that Council endorse a resolution requesting a Federal
review of the Unemployment Insurance Act in 1999 in order to re-establish reasonable
levels of Unemployment Insurance coverage.
On the motion of Alderman Campbell, seconded by Alderman Craitor, that Mr. David
Miskolczi, Niagara Falls Labour Council be permitted to address Council. Carried
Unanimously.
Mr. David Miskolczi, provided a brief overview regarding cuts to the
unemployment insurance benefits and the impact on unemployed workers and requested
that Council endorse a resolution requesting a Federal review of the Unemployment
Insurance Act in order to re-establish reasonable levels of unemployment insurance
coverage.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Puttick, that the
resolution be approved subject to established policy. Carried Unanimously.
See Resolution No. 12
Communication No. 44 - Ms. Ruth Redmond - Re: Lundy's Lane Battlefield Park. The
communication provides comments on the Boards and Committees and carrying out the
goals of the Master Plan.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick , that
the communication be received and filed for the Information of Council. The motion
Carried with Aldermen Craitor, Pietrangelo and Wing voting contrary to the motion and
with all others voting in favour.
Communication No. 45 - Niagara Home Builders' Association - Re: Proclamation.
The communication requests that Council proclaim the month of April as 'New Homes
Month ".
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
month of April be proclaimed as 'New Homes Month" subject to established policy.
Carried Unanimously.
Communication No. 46 - Mrs. Joyce Long - Re: Resignation. The communication
advises of her resignation from LACAC for the 1999 to 2000 term.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that
staff contact Mrs. Joyce Long to enquire the reason for her resignation. Carried
Unanimously.
REPORTS
MW-99-20 - Chief Administrative Officer - Re: Consulting Services for the
Replacement of a Culvert on Garner Road. The report recommends that in
accordance with the City's Consultant Selection Policy, that the City of Niagara Falls
enter into a Consulting Services Agreement for the design of a culvert on Garner Road
with Ellis Engineering Inc. for the upset limit of $13,097.00.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that
the report be received and adopted. The motion Carried with Alderman Campbell
abstaining from the vote on a conflict of interest because members of his family reside
in the area.
PD-99-211- Chief Administrative Officer - Re: Request for Extension to Draft plan
Approval; Parkway Acres, 26T-87010; Owners: Radojcic/Radulovich. The report
recommends the following:
That a Council resolution supporting a one-year extension to draft plan approval
forthe Parkway Acres Plan of Subdivision be adopted conditional on the applicant
maintaining the appropriate subdivision sign on the property for public information
purposes;
2) That a copy of this report and the Council resolution be forwarded to the applicant
and the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 13
PD-99-22 - Chief Administrative Officer- Re: Applications for Site Plan Approval;
SPC-4/99, 8511 Lundy's Lane; Proposed Dinner Theatre. The report recommends
that Council approve the site plan for a proposed dinner theatre at 8511 Lundy's Lane.
ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by AIderman Fisher, that
the actions taken in Corporate Services Committee, earlier this evening be approved:
I. Adoption of the January 18, 1999 Corporate Services Committee Minutes;
F-99-07 - Municipal Accounts - that the municipal accounts totalling $1,298, 634.82
for the period ending February 15, 1999 be approved;
F-99-06 - The Faimess for Property Taxpayers Bill 79 - that the report be received
and filed;
That Resolution No. 99-4 from the City of We/land be received and filed;
F-99-08 - Bill 99 - Balanced Budget and Taxpayer Protection Act, 1998 - that the
report be received and filed;
Badminton, Tennis and Lawn Bowling Club request - that the request for financial
assistance from the Badminton, Tennis and Lawn Bowling club be referred to the
Mayor's Office and staff with a report to be presented at the nex~ Corporate
Services Committee meeting;
R-99-09 - Update on the Young Endowment Fund Application for Arts & Culture
Commission - that the application forms for the Young Endowment Fund program
be received for information;
CD-99-04 - Advance Funding Program - A/location of Funds - (i) that the
Corporate Services Committee adopt the recommendations of the Agency
A/location Relations Committee (AARC) of the United Way of Niagara Falls with
respect to disbursement of the Ontario Lottery Corporation Advance Funding
Program; (ii) that the recommendations be forwarded to the Ontario Lottery
Corporation; (iii) that the City express its appreciation to the AARC of the United
Way of Niagara Falls for its assistance - Aldermen Craitor and Wing conflicts of
interest;
CD-99-06 - Reduction and Refund of Taxes Section 443 of the Municipal Act -
That a reduction of taxes amounting to $946.19 for the year 1996 and $1,001.01
for the year 1997 be made to Larry Mattar c/o Garth S. Roberts.
That a reduction of taxes amounting to $408.58 for the year 1996 and ;~432.27 for
the year 1997 be made to Douglas Gross Estate.
That a reduction of taxes amounting to $408.58 for the year 1996 and ;1432.27 for
the year 1997 be made to Larry Mattar c/o Garth S. Roberts.
That a reduction of taxes amounting to $408.58 for the year 1996 andeS432.27 for
the year 1997 be made to Douglas Gross Estate.
That a reduction of taxes amounting to $408.58 for the year 1996 and ~1432.27 for
the year 1997 be made to Larry Mattar c/o Garth S. Roberts.
That a reduction of taxes amounting to $408.58 for the year 1996 and ~1432.27 for
the year 1997 be made to Douglas Gross Estate.
That a reduction of taxes amounting to $408.58 for the year 1996 and $432.27 for
the year ~997 be made to Douglas Gross Estate.
That a reduction of taxes amounting to $408.58 for the year 1996 and 432.27 for
the year 1997 be made to Lan7 Mattar c/o Garth S. Roberts.
That a reduction of taxes amounting to $408.58 for the year 1996 and $432.27 for
the year ~997 be made to Douglas Gross Estate.
That a reduction of taxes amounting to $408.58 for the year ~ 996 and $432.27 for
the year ~997 be made to Larry Mattar c/o Garth S. Roberts.
That a reduction of taxes amounting to $408.58 for the year 1996 and $432.27 for
the year 1997 be made to Douglas Gross Estate.
That a reduction of taxes amounting to $645.13 for the year 1996 and $682.51 for
the year 1997 be made to Douglas Gross Estate.
That a reduction of taxes amounting to $440.83 forthe year 1996 and $466.38 for
the year 1997 be made to Douglas Gross Estate.
That a reduction of taxes amounting to $440.83 for the year 1996 and $466.38 for
the year 1997 be made to Douglas Gross Estate
That a reduction of taxes amounting to $440.83 for the year 1996 and $466.38 for
the year 1997 be made to Douglas Gross Estate.
That a reduction and refund of taxes under Section 443 of the Municipal Acts be
approved for various properties in the total amount of $6,999.61 for the year 1996 and
$7,405.36 for the year 1997;
10.
L-99-11 - Presentation from Mr. Glen Huffon regarding the i/legality of Municipal
Taxes - that the presentation be received for information;
11.
MW-99-13 - Consulting Services for Transportation/Parking Master Plan Update
for Central Tourist Area and Traffic/Parking Impact Analysis for Permanent Casino
- that authorization be granted for the City to engage the Consulting Firm of Totten
Sims Hubicki to undertake an update of the Transportation/Parking Master Plan
for the Central Tourist Area at an estimate cost of $100,000 subject to
confirmation of funding from Falls Management Company and other tourist sector
businesses;
12.
MW-99-17 - Consulting Services for Infrastructure Impact Assessment for the
Central Tourist Area and pe,,anent Casino - that authorization be granted for the
City to engage Consultants to undertake an Infrastructure Impact Assessment for
storm and sanitary services at an estimated cost of $80,000, subject to
confirmation of funding from the Falls Management Company and other tourist
sector businesses;
13.
Request for financial donation from the Intemational Foundation for Education
Exchange - that a donation in the amount of $100.00 be approved for the Niagara
international Foundation for Educational Exchange.
The motion Carried with Aldermen Cummings and Wing abstaining from the vote on
Report CD-99-04 on conflicts of interest previously noted; Alderman Craitor abstaining
from the vote on Report F-99-07 on a conflict of interest previously noted; Alderman
Puttick voting contrary to the motion on the Badminton, Tennis and Lawn Bowling Club
request and Alderman Orr abstaining from the vote on Report MW-99-13 and MW-99-17;
and with all others voting in favour.
CD-99-05 - Chief Administrative Officer- Re: Municipal Election Ward Boundaries.
The report recommends that Council authorize staff to arrange a Public Meeting in the
area affected by the proposed change to the Ward boundaries between Ward 2 (Lundy's
Lane) and Ward 6 (Chippawa, Willoughby, Crowland).
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the
matter be deferred. Carried Unanimously.
I
CD-99-07 - Chief Administrative Officer- Re: Special Occasion Permit, Stamford
Skating Club - Old Timers Hockey 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 Campbell, seconded by AIderman Feren , that the
report be received and adopted. Carried Unanimously.
L-99-15 - Chief Administrative Officer- Re: Handicap Parking Fines Increase. The
report recommends that Council direct an "awareness campaign" through the newspaper
and other advertising mediums info~f,ing the public of the increase in the fines for
handicapped parking spaces.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the report be received and adopted. Carfled Unanimously.
L-99-f6 - Chief Administrative Officer- Re: Signs - Planet Hollywood; Bender Hill
and Falls Avenue. The report recommends that Council approve two proposed wall
signs having an area of 307 square feet each whereas the Sign By-law permits a
maximum area of 150 square feet each.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the report be received and adopted. The motion Carried with Alderman Feren
abstaining from the vote on a conflict of interest, because he has a business relationship
and with all others voting in fayour.
RESOLUTIONS
NO. 12 - FISHER - PUTTICK- WHEREAS the Federal Govemment has cut $9 billion
from UI benefits since 1993 and as a result only 42% of Canada's unemployed are
receiving UI (El) benefits; AND WHEREAS UI benefits provide a vital souroe of income
security to 3 million Canadians every year, including 77, 000 persons in the area of the
City of Niagara Falls; AND WHEREAS the cuts in UI benefits will deprive many people
in the City of Niagara Falls area of their UI benefits and add to the cost of welfare in the
City of Niagara Falls; AND WHEREAS municipalities were vocal supporters of the call
for a UI system during the Depression of the 1930's, a system now in great jeopardy;
THEREFORE BE IT RESOLVED THAT the City Council of the City of Niagara Falls call
for a Federal review of the UI (El) Act in 1999 in order to re-establish reasonable levels
of UI coverage; AND BE IT FURTHER RESOLVED THAT the Mayor, on behalf of the
City Council send this resolution to the Member(s) of Parliament who represent the City,
as weft as the Prime Minister, Human Resources Department Minister, and the Leaders
of the Opposition Parties in ParliamenL AND the Seal of the Corporation be hereto
affixed.
Carried Unanimously.
NO. f3 - VOLPATTI - CUMMINGS - RESOLVED that the Council of the Corporation
of the City of Niagara Falls hereby supports a one-year extension to draft plan approval
for the Parkway Acres Plan of Subdivision and that the applicant and the Regional
Municipality of Niagara be so informed; conditional upon the applicant maintaining the
appropriate subdivision sign on the property for public information purposes.
AND the Seal of the Corporation be hereto affixed.
Carfled Unanimously
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Feren, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
99-33
A by-law to authorize the acceptance of a transfer of easement from F. G. E
Investments Ltd., for the purpose of a watermain. (Re: Report L-99-13,
February 8, 1999)
99-34
A by-law to authorize the execution of an agreement with Ellis Engineering
Inc. respecting the design and preparation of construction drawings for
culvert on Gamer Road. (Re: Report MW-99-20)
99-35
A by-law to authorize an execution of a subdivision agreement with 572930
Ontario Limited (Re: Mount Forest 5 Subdivision).
9-36 A by-law to authorize monies for General Purposes (February 15, 1999)
The motion Carried with Alderman Craitor abstaining from the vote on By-law No. 99-36
on a conflict of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the following by-laws be now read a second and third time:
99-33
A by-law to authorize the acceptance of a transfer of easement from F. G. E.
Investments Ltd., for the purpose of a watermain. (Re: Report 1-99-13,
February 8, 1999)
99-34
A by-law to authorize the execution of an agreement with Ellis Engineering
Inc. respecting the design and preparation of construction drawings for
culvert on Gamer Road. (Re: Report MW-99-20)
99-35
A by-law to authorize an execution of a subdivision agreement with 572930
Ontario Limited (Re: Mount Forest 5 Subdivision).
99-36 A by-law to authorize monies for Genera/Purposes (February 15, 1999)
The motion Carried with Alderman Craitor abstaining from the vote on By-law No. 99-36
on a conflict of interest previously noted and with all others voting in favour.
NEW BUSINESS
Thorold Stone Road Sidewalk
Alderman Puttick referred to correspondence received from Minister of
Transportation, Mr. Tony Clement advising that at no time had it been the ministry's
intention to acquire property for a sidewalk in front of Gale's Gas Bar; and advises that
the ministry was prepared to construct the sidewalk as long as the City purchases the
necessary property.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that staff
forward a letter to Minister Clements expressing Council's displeasure at his comments
and advising that the City would not purchase the property. Carried Unanimously.
Suspension of Nursing Program at Niagara College
Alderman Puttick referred to correspondence received from Mrs. Mari/yn J. Quinn,
former Professor of Nursing, Niagara College, expressing concerns regarding the
suspension of the Nursing Program at Niagara College and of an acute shortage of
nurses in 1999 and requested that a copy be provided in the Aldermen's packages for
their information.
I I
Following the discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Campbell, that a letter be forwarded through the Mayor's office
to Mrs. Marilyn Quinn reiterating Council's support of having a nursing program at
Niagara College. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
SEVENTH MEETING
COMMITTEE-OF-THE-WHOLE
Committee Room 2
March 1, 1999
Council met on Monday, March 1, 1999 at 6:30 p.m. in Committee-of-the-Whole.
All members of Council, with the exception of Alderman Puttick, who was away on
vacation, were present. Alderman Selina Volpatti presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
REGULAR COUNCIL
Council Chambers
March 1, 1999
Council met on Monday, March 1, 1999 at 7:00 p.m. for the purpose of considering
Regular Business matters. All members of Council, with the exception of Alderman
Puttick, who was away on vacation, were present. Alderman Judy Orr offered the
Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that
the Minutes of Regular Meeting of February 15, 1999 be adopted as printed. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Cummings indicated a pecuniary interest on Report F-99-09, Cheque
No. 243114 because the recipient is Acres.
Alderman Craitor indicated a pecuniary interest on Report F-99-09, Cheque Nos.
M92574; 243276; M92584; 243325 and M92595 because members of his family are
employed by the recipients.
Alderman Fisher indicated a pecuniary interest on Report F-99-09, Cheque Nos.
243156 and 243157 because she is a Board member of the recipients.
Aldem~an Janvary indicated a pecuniary interest on Report L-99-19, because a
member of her family resides on the adjoining property.
Alderman Michalczyk indicated a pecuniary interest on Report CD-99-04 from the
February 15, 1999 Corporate Services Committee and on Report F-99~09, Cheque Nos.
243203 and 243349 because he is a volunteer firefighter.
Alderman Pietrangelo indicated a pecuniary interest on Report F-99-09, Cheque
No. M92587 because the recipient is his employer.
Alderman Wing declared a conflict of interest on Report CD-99-08, because she
is a Board member of an organization that applied for funding.
Prior to dealing with further Council matters, His Worship Mayor Thomson
introduced Lee Campbell and John Wellington, Political Science students from Brock
University, who were in attendance.
DEPUTA~ONS
Canadian Cancer Society. Greater Niagara Unit
Margaret Mingle, Health Promotion Chair, Canadian Cancer Society, Greater
Niagara Unit, previded information on the displays being held at the Victoria Public
Library and the Greater Niagara General Hospital dealing with "Healthy Aging, Eat Well,
Live Weft for a Lifetime" and invited the community to visit the displays. Mrs. Mingle
requested that Council preclaim "March is Nutrition Month" and thanked members of
Council for the their support.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
Counc~ preclaim the month of "March is Nutrition Month" in the City of Niagara Falls.
Carfled Unanimously.
Wise Guys Charity Fund
Mr. Chuck Smith, Chairman, Wise Guys Charity Fund, intreduced a video
presentation on the establishment of the charity fund; intreduced Mr. Marcel Dionne, a
member of the Hockey Hall of Fame and Canadian Sports Hall of Fame to members of
Council; provided an update on the current project which was the purchase and
retre~tting of a 36-foot vehicle that would bring health services to those people who are
isolated threugh their geographical location, lack of transportation and/or medical
resources; requested Council representation on a sub-committee in assisting to raise
funds for various prejects in the community.
During the discussion, Alderman Paisley Janvary indicated her interest and
willingness to serve on the committee as a Council representative.
His Worship Mayor Thomson thanked everyone for their attendance and
expressed congratulations for their community efforts.
Jr. B. Canucks Playoffs
Don Pierson, Emerald Plumbing, introduced the members of the Jr. B. Canucks
hockey team to members of Council, as they enter the playoffs.
His Worship Mayor Thomson wished all the team members much success in the
upcoming playoffs and encouraged the community to attend the games and support the.
players.
COMMUNICATIONS
Communication No. 47 - The Royal Canadian Naval Association - Re: Proclamation.
The communication requests that Council proclaim May 3rd to May 7th, 1999 as "Battle
of Atlantic Week"; and that permission be given to conduct a short Flag Raising
ceremony on Monday, May 3~, 1999 in front of City Hall.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the request be approved subject to established policy. Carried Unanimously.
Communication No. 48- Nestle Canada Inc. - Re: Proclamation. The communication
requests that Council proclaim the week of Maroh 15- 21, 1999 as "Canadian
Foodservices Executive Association Week" in Niagara Falls.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
request be approved. Carried Unanimously.
Communication No. 49 - Regional Municipa~ty of Ottawa-Carleton - Re:
Development Charges Act, Cultural Facilities. The communication requests support of
a recommendation to ask the Minister of Municipal Affairs and Housing, requesting that
under the Ineligible Services (4) of the Development Charges Act, Item number 1 be
eliminated from Ineligible Services.
ORDERED on the motion of Alderman Feren, seconded by Alderman Janvary, that the
request be supported as it would effect municipal cultural facilities. Carfled Unanimously.
Communication No. 50 - Carolynn Ioannoni, Director, P.O.I.S.E. Niagara - Re:
P.O.I.S.E Niagara/John School. The communication requests that Council support in
retaining the John School Program and the Woman's Program in Niagara Falls and
requesting support of P.O. L S.E Niagara's efforts in retrieving the funds raised from the
John School program.
Following some discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Feren, that the request be supported and that the City Solicitor
provide assistance in the matter; and further that a representative from the Police
Services Board be requested to attend a future Council meeting to provide further
information on the situation. Carfled Unanimously.
Communication No. 5f - The City of Windsor- Office of the Mayor- Re: Bill C-51.
The communication attaches a letter to the Senate Standing Committee on legal and
Constitutional Affairs with respect to the removal of restrictions on dice games and that
not having dice games would put Canadian casinos at a competitive disadvantage versus
American Casinos; and requests support of a resolution for the removal of the prohibition
on dice games.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Michalczyk, that
the resolution for the removal of the prohibition on dice games be supported. The motion
Carfled with Alderman Orr abstaining from the vote on a conflict of interest and with all
others voting in favour.
REPORTS
CS-99-03 - Chief Administrative Officer- Re: Federation of Canadian Municipalities
Partnership Program with Czech Republic Update. The report recommends that the
report is for the information of Council.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that
the report be received and filed for the information of Council. Carried Unanimously.
Following some discussion, it was ORDERED on the motion of Alderman
Cummings, seconded by Alderman Feren, that Council approve the cost of hosting a
luncheon of $500.00. Carried Unanimously.
MW-99-25 - Chief Administrative Officer- Re: Glamis CrescenL; Strathmore
Crescent.; & Part of Royal Manor Drive; Questionnaire for Local Improvement Curb
& Gutter. The report recommends that the report be received for information and filed.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Feren, that the
report be received and filed for the information of Council. Carried Unanimously.
MW-99-26 - Chief Administrative Officer- Re: Erie Avenue, Ellis Street to Morrison
Street- Questionnaire for Local Improvement Curb & Gutter. The report recommends
that this report be received for info,~iiation anJ filed.
ORDERED on the motion of Alderman Craitor seconded by Alderman Michalczyk, that
the report be received and filed for the inform~ltion of Council. Carried Unanimously.
MW-99-27 - Chief Administrative Officer - Re: Local Improvement Rate Update.
The report recommends that the new rates for 'ocal improvement works indicated in this
report be adopted for 1999.
ORDERED on the motion of Alderman Cummiags, seconded by Alderman Pietrangelo,
that the report be received and adopted. Camed Unanimously.
MW-99-28 - Chief Administrative Officer- C~nsulting Services for Reconstruction
of Huron Street, Morrison Street, Ellis S~.reet and Erie Avenue; and the 1999
Watermain Rehabilitation Program. The report recommends the following:
That in accordance with the City's Consultant Selection Policy, it is recommended that
the City of Niagara Falls enter into Consulting Services Agreements with: 1)Kerry T.
Howe Engineering Limited for the design of Municipal services for the reconstruction of
Huron Street, Morrison Street, Ellis Street and Erie Avenue for the upset limit of
$44,650.00; 2) CH2M Gore & Stor~e Limited for the design of Watermains for the 1999
Watermain rehabilitation Program for the upset limit of $10,214.00.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Feren, that
the report be received and adopted. Carried Unanimously.
See By-law No. 99-41
See By-law No. 99-42
MW-99-30 - Chief Administrative Officer - Re: Street Name Change Request -
Forsythe Street to Carbone Street. The report recommends that Council determine
whether the street name is to be changed to Carbone Street orleave the name as is, and
the resulting unused street name is to be placed on the list of available street names
which can be used by Developers in other areas of the City.
- AND-
Correspondence from the United Empire Loyalists' Association of Canada. The
communication expresses opposition to the street name change;
Correspondence from the City of Niagara Falls Board of Museums. The
communication expresses opposition to the street name change.
Correspondence from Mr. Sherman Zavitz. The communication advises that the
Forsyth family had a street named in its honour because the street is the only reminder
left in Niagara Falls of this area's earliest and most prominent families.
Correspondence from The Lundy's Lane Historical Society. The communication
expresses opposition to the proposed name change.
Correspondence from the Carbone Family. The communication provides comments
on the name change.
His Worship Mayor Thomson received a positive response to his request if there
is anyone in attendance who was interested in the matter.
Following some discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Craitor, that the matter be deferred until such time that an
alternate solution can be found. Carried Unanimously.
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the following actions taken in Corporate Services Committee, earlier this evening,
be approved:
1. Adoption of the February 15, 1999 Corporate Services Committee Minutes;
F-99-09 Municipal Accounts that the Municipal Accounts totalling
$3,588,561.67 for the period ending March 1, 1999 be approved;
F-99-10 - 1999 Interim Tax Levy - that the 1999 interim tax levy be approved on
the Residential and Farm, Farmland, Managed Forest and Pipeline classes as
authorized with due dates of March 26 and April 30, 1999;
CD-99-08 - Advanced Funding Program; YMCA Request for Change of Fund
Designation - that Council support the re-designation of the funding allocated to
the YMCA under the Advance Funding Program- Alderman Wing and Cummings
conflict of interest;
Correspondence from the Niagara Falls Professional Firefighters Association -
advertisement in their Year 2000 Calendar - that a half-page advertisement in the
amount of $700. O0 be approved for the Year 2000 Calendar being produced by
the Niagara Falls Professional Firefighters Association - Alderman Michalczyk
conflict of interest;
6. New Business:
That Council support the resolution from the Village Council "That due to Bill 79
and the inability of Municipalities to issue interim tax bills as usual, the Province
of Ontario be petitioned to fund municipalities re march 1999 Education and
Upper-Tier levies, on a repayable basis".
The motion CatTied with Aldermen Wing and Cummings abstaining from the vote on
conflicts of interest on Report CD-99-08; and Alderman Michalczyk abstaining from the
vote on a conflict of interest on correspondence from the Niagara Falls Professional
Firefighters Association and with all others voting in favour.
See By-law No. 99-44
See By-law No. 99-46
See By-law No. 99-47
PD-99-24 - Chair, LACAC - Re: Leave-of-Absence for Joyce Long from LACAC. The
report recommends that Council grant a leave-of-absence to Joyce Long.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the
report be received and adopted and that the matter of an alternate representative be
looked into at a later date. Carfled Unanimously.
PD-99-26 - Chief Administrative Officer- Re: Proposed Regional Transfer;
Subdivision and Condominium Applications. The report recommends that Council
advise the Region of its interest in the proposed transfer to the municipality of subdivision
and condominium applications currently held by the Region.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the report be received and adopted. Carried Unanimously.
L-99-10 - Chief Administrative Officer- Re: Street Name Change, Schanklee Street
to be changed to SL Thomas More Drive. The report recommends that Council
authorize the name of Schanklee Street to be changed to SL Thomas More Drive.
His Worship Mayor Thomson received a negative response to his request if there
was anyone in attendance who wished to speak to the matter.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that
the report be received and adopted. Carried Unanimously.
See By-law No. 99-40
L-99-12 - Chief Administrative Officer - Re: Poster Panels at Dorchester and CNR
Tracks. The report recommends that Council approve the relocation of the existing
poster panels to lands to the south within one hundred and thirty (130) feet of a
residential zone, whereas the by-law requires a minimum clearance of two-hundred (200)
feel
ORDERED on the motion of Alderman Cummings, seconded by Aldem~an Janvary, that
the report be received and adopted. The motion Carfled with Aldemian Feren abstaining
from the vote on a conflict of interest and with a~ others voting in favour.
L-99-17 - Chief Administrative Officer- Re: Amendment to Lease Agreement with
Microcell Connexions Inc., Closed Portion of Marshall Road, East of Q.E.W. The
report recommends that Council authorize an amendment to the Lease Agreement with
Microcell Connexions Inc. to pem~it Cantel to share Microcell's facility provided that there
is an increase of $4,000. O0 per annum in the licence fee.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carfled Unanimously.
See By-law No. 99-37
L-99-f9 - Chief Administrative Officer- Re: Declare Lands Surplus and Offer for
Sale by Public Tender East Side of Portage Road, South of Church's Lane. The
report recommends the following:
That parts 2 and 4, and parts 3, 5 and 7 on Reference Plan 59R-9983 be declared
surplus and offered for sale to the public by public tender;
That a road widening, described as part I on Reference Plan 59R-9983, be
established as a public highway, to be known as Church's Lane.
ORDERED on the motion of AIden~an Campbell, seconded by AIderman Cummings, that
a report be brought back with respect to offering lands for sale by Public Auction. Carried
Unanimously.
See By-law No. 99-38
See By-law No. 99-39
RA TIFICA TION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that
the actions taken in Committee-of-the-Whole, earlier this evening, be approved:
That the lawsuit involving the City with Mr. S. Mingle and others be discontinued and
settled upon the payment to Mrs. Margaret Mingle of a sum of $2,500. O0 for legal costs
and final re/eases be exchanged. Carried Unanimously.
RESOLUTIONS
NO. 14 - CUMMINGS - FEREN - WHEREAS the gambling dice game popularly known
as "craps" is currently prohibited under the Criminal Code; AND WHEREAS this
prohibition originated in the year 1388 when the King of England, Richard II banned dice
games so that his archers would dedicate more time to their marksmen skills; AND
WHEREAS the King's decree became part of the common law which was adopted by the
Fathere of Confederation; AND WHEREAS such an archaic law is no longer relevant;
AND WHEREAS Federal legislation to remove the restrictions on dice games has gone
to the Senate Standing Committee on Legal and Constitutional Affairs after third reading
in the House of Commons; AND WHEREAS not having dice games would put Canadian
casinos at a competitive disadvantage versus American casinos. THEREFORE BE IT
RESOLVED that Council send a letter to the Senate Standing Committee on Legal and
Constitutional Affairs in support of the removal of the prohibition on dice games.
The motion Carried with Alderman Orr abstaining from the vote on a conflict of interest
and with all others voting in favour.
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings,
that leave be granted to introduce the following by-laws and the by-laws be read a first
time:
99-37
A by-law to authorize an amendment to a Licence Agreement, dated
October26, 1998, between Microcell Connexions Inc. and The Corporation
of the City of Niagara Falls to permit Cantel to share the licenced premises.
(Re: L-99-17)
99-38
A by-law to declare surplus Parts 2 and 4 and Parts 3, 5, and 7 on
Reference Plan No. 59R-9983, being land owned by the City of Niagara
Falls on Portage Road between Swayze Drive and Church's Lane and to
authorize that public notice be given of the said land being declared surplus
and will be offered for sale by public tender. (Re: L-99-19)
99-39
A by-law to establish Part 1 on Reference Plan No. 59R-9983 as a public
highway, to be known as and to foiiii part of Church's Lane. (Re: L-99-19)
9940
A by-law to change the name of Schanklee Street on registered Plan No.
112, to be known as SL Thomas More Drive. (Re: L-99-10)
- 8 -
9941
A by-law to authorize the execution of an agreement with CH2M Gore &
Storde Limited respecting the 1999 Watermain Rehabilitation Program.
99-42
A by-law to authorize the execution of an agreement with Kerry T. Howe
Engineering Limited respecting the reconstruction of Huron Street,
Morrison Street, El/is Street & Erie Avenue. (Re: MW-99-28)
99-43
A by-law to provide for the adoption of an amendment to the City of
Niagara Falls Official Plan.
99-44
A by-law to authorize monies for General Purposes (March ~, 1999)
99-45
A by-law to authorize the execution of an agreement with the Niagara Falls
Humane Society with respect to providing dog control, pound keeper
services and animal services to the City.
9946
A by-law to amend By-law No. 93-23 being a by-law to provide for the
collection of interim taxes and taxes from year to year and to remain in
force until repealed.
9947
A by-law to provide an interim levy of realty taxes for the residential and
farm classes, farm/ands c/ass, managed forest class and pipeline class (in
accordance with regulations 7~/98).
The motion Carded with Aldermen Craitor, Cummings, Fisher and Michalczyk abstaining
from the vote on By-law No. 99-44 on conflicts of interest previously noted and with all
others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings,
that the following by-laws be now read a second and third time:
99-37
A by-law to authorize an amendment to a Licence Agreement, dated
October26, ~ 998, between Microcell Connexions Inc. and The Corporation
of the City of Niagara Falls to permit Cantel to share the licenced premises.
(Re: L-99-17)
99-38
A by-law to dec/are surplus Parts 2 and 4 and Parts 3, 5, and 7 on
Reference Plan No. 59R-9983, being/and owned by the City of Niagara
Falls on Portage Road between Swayze Drive and Church's Lane and to
authorize that public notice be given of the said land being declared surplus
and will be offered for sale by public tender. (Re: L-99-19)
99-39
A by-law to establish Part 1 on Reference Plan No. 59R-9983 as a public
highway, to be known as and to form part of Church's Lane. (Re: L-99-19)
99-40
A by-law to change the name of Schanklee Street on registered P/an No.
~12, to be known as St. Thomas More Drive. (Re: L-99-10)
99-41
A by-law to authorize the execution of an agreement with CH2M Gore &
Storde Limited respecting the ~ 999 Watermain Rehabilitation Program.
99-42
A by-law to authorize the execution of an agreement with Kerry T. Howe
Engineering Limited respecting the reconstruction of Huron Street,
Mordson Street, Ellis Street & Erie Avenue. (Re: MW-99-28)
99-43
A by-law to provide for the adoption of an amendment to the City of
Niagara Falls Official Plan.
99-44
A by-law to authorize monies for General Purposes (March 1, 1999)
99-45
A by-law to authorize the execution of an agreement with the Niagara Falls
Humane Society with respect to providing dog control, pound keeper
services and animal services to the City.
99-46
A by-law to amend By-law No. 93-23 being a by-law to provide for the
collection of interim taxes and taxes from year to year and to remain in
foroe until repealed.
99-47
A by-law to provide an interim levy of realty taxes for the residential and
farm classes, farm/ands class, managed forest c/ass and pipeline class (in
accordance with regulations 71/98).
The motion Carried with Aldermen Craitor, Cummings, Fisher and Michalczyk abstaining
from the vote on By-law No. 99-44 on conflicts of interest previously noted and with all
others voting in favour.
NEW BUSINESS
Guidelines of an Alternate Alderman
Alderman Feren requested clarification on the definite guidelines of what the
responsibilities were of an alternate Alderman at Committee meetings.
ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that
clarification be provided on the definite guidelines of what the responsibilities were of an
alternate Alderman to attend Committee meetings. Carried Unanimously.
Downtown Parking Spaces
Alderman Campbe~ expressed concerns regarding Downtown parking spaces
being established in front of residences and questioned if this was contrary to the City's
By-laws. He requested that the matter be referred to staff and the Environmental
Planning and Greening Committee to look at present by-laws regarding Downtown
parking and establishing some guidelines and having aesthetically pleasing parking
areas in the Downtown area.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the
matter be referred to staff and the Environmental Planning & Greening Committee to look
into establishing some guidelines and in having aesthetically pleasing parking areas in
the Downtown areas. Carried Unanimously.
Items for Information
Alderman Pat Cummings advised that as of March 1, 1999 parking illegally in
handicap parking spots will constitute a fine of $150.00.
Traffic & Safety Meeting
Alderman Kim Craitor referred to the Traffic & Safety meeting that had been held
on February 16, 1999 with respect to Dorchester Road matters and expressed
appreciation to everyone who participated.
10-
Dorchester Road/Dunn Street Intersection
Alderman Kim Craitor provided information on the traffic lights at Dorchester
Road/Dunn Street intersection and referred to the safety concerns of pedestrians.
Sports Celebrity Dinner
Alderman ED Michalczyk referred to the OHA Jr. "C' Hockey Sports Celebrity
Dinner being held on April 1, 1999 and requested that Council purchase a table for the
event.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Pietrangelo,
that Council purchase a table for the Celebrity Dinner event. Carried Unanimously.
Underage Bars
Alderman Selina Volpatti requested an update from the police on the matter of
underage bars in the Downtown area
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that an
update be provided by the Police department regarding the matter of underage bars in
the Downtown area. Canfed Unanimously.
International Women's Week Bowring Tournament
Alderman Paisley Janvary expressed best wishes to the City's bowling team
consisting of Aldermen Creitor and Michalczyk, staff members, Serge Felicetti and Frank
Higgins, who are competing in a fundraiser at the Ramada Parkway Lanes during
International Women's Week.
Hotline Program
Mayor Thomson advised that commencing March 10, 1999, the "Hotline" progrem
would be retuming every 2~d and 4th Wednesday of the month on COGEGO dealing with
specific topics and encouraged everyone to call and participate.
ORDERED on the motion of Alderman Orr, seconded by Alderman Feren, that the
meeting be adjourned. Canfed Unanimously.
READ AND ADOPTED,
EIGHTH MEETING
COMMITTEE-OF-THE WHOLE
Committee Room #2
March 8, 1999
Council met on Monday, March 8, 1999 at 6:45 p.m. in Committee-of-the-
Whole. All members of Council, with the exception of Alderman Puttick, who was away on
vacation, were present. Alderman Victor Pietrengelo presided as Chairman.
Following consideration of the item presented, the Committee-of-the-Whole did not
rise to report in open session.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
DISCLOSURES OF PECUNIARY INTEREST
Alderman Wing indicated a pecuniary interest on Report PD-99-33 because she is
Chair of an organization that could be in a position to secure funding.
Alderman Volpatti indicated a conflict of interest on Report PD-99-25, because she
is Director of a company which has business dealings with the applicanL
Alderman Feren indicated a pecuniary interest on Report PD-99-29, because he has
a business relationship.
PLANNING MEETING
Council Chambers
March 8, 1999
Council met on Monday, Mamh 8, 1999 at 7:00 p.m. for the purpose of considerfng
Planning/Regular Business matters. All members of Council, with the exception of
Alderman Puttick, who was away on vacation, were present. Alderman Kim Craitor
offered the Opening Prayer.
PD-99-28 - Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-46/98, Brian & Marilynn Sinclair; Part of Lots 3 & 4, Concession
5, Netherby Road. The report recommends the following:
That Council approve The Zoning By-law Amendment application which will permit
a single detached dwelling to be constructed on each parcel of land;
That the applicant be required to retain a qualified engineering firm to locate the
100 year floodplain of the Howie Drain on Parcel 1;
That the amending by-law for Parcel 1 include a provision requiring a 15 metre
wide nature/vegetative buffer stip along and outside of the floodplain of the Howie
Drain and all buildings, structures, and the private septic system to be located
outside of this buffer strip and the floodplain.
- AND -
Communication No. 52 - Niagara Peninsula Conservation Authority. The
communication advises as having no objections to the rezoning and provides comments
on the application.
Communication No. 53 - Correspondence from the Regional Municipa~ty of
Niagara, Planning and Development DepartmenL The communication advises as
having no objections to the application subject to the consideretion of the
recommendations suggested and the requirements of the various Regional agencies.
Communication No. 54 - Ms. Rita Sabota. The communication advises as being
opposed to the application.
Communication No. 55 - Mr. George Krupa, Regional Niagara Health Services. The
communication advises as having no objections to the amendments for both Parcel 1 &
2 and further that Parcel #2 must have at least one acre of land above the flood plain in
order to accommodate the construction of a single-family dwelling of septic system.
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 Notice of the Public Meeting had been given in
accordance with the Regulations, on February 5, 1999.
His Worship Mayor Thomson received indication that the applicant, Mr. Brian
Sinclair, was in attendance 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with
the assistance of posted sketches and reviewed the information contained in the
Recommendation Report.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a positive
response in opposition to the application.
Mrs. Leona Bateman, Bateman Horse Farms, 8252 Netherby Road, expressed
the view that due to the close proximity of the horse farm to the subject lands, concerns
regarding the emission of odours would be expressed by future owners; and was of the
opinion that the land was agriculturel and should remain agriculturel.
Mr. BrYan Sinclair commented on the amalgamation of several parcels of land; and
responded to questions reised regarding offensive odours in rural areas.
The Director of Planning and Development responded to questions raised with
regard to checkerboarding schemes and testamentary devise lets scheme and Councirs
directive on those issues.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-46/98, closed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
report be received and adopted and further that notice of the fact that this was a rural
area, with agricultural activities taking place in the vicinity be registered on title. Carfled
Unanimously.
ORDERED on the motion of AIdeni~an Cummings, seconded by Alderman Pietrangelo,
that the correspondence be received and filed. Carfled Unanimously.
PD-99-25 - Chief Administrative Officer- Re: Official Plan & Zoning Amendment;
AM-13/93, Mr. Nick Altieri; 8310 Beaverdams Road. The report recommends the
following:
That Council determine whether a contractors shop and yard is an appropriate
use of the property. If Council determines that the land use is inappropriate, the
owner should be required to take all necessary steps to remove the contractors
shop and yard use and undertake site clean-up to the level necessary for a use
under the current Agricultural zone;
That if Council supports the proposed change in land use, it is recommended that
the approval be subject to the following criteria:
(I) the subject contractor's shop and yard be limited to the lands south of the
creek;
(li) the creek bank and buffer area be zoned Hazard Land in the Zoning By-law
amendment;
(lii) a Phase I Environment Site Audit by a qualified consultant indicating there
is no contamination of the site and if there is, how it can be cleaned-up;
(Iv) the applicant enter into a site plan agreement to implement the above
criteria as well as general landscaping and fencing conditions and
specifically the conditions of the Regional Public Works Department;
That staff be directed to inform the Region and Ontario Municipal Board of
Councirs decision with respect to these amendments.
- AND -
Communication No. 56 - Ms. Jean GrandonL The communication that was submitted
at the November 9, 1998 Council meeting and requested to be re-submitted by the
author, expresses concems regarding industrial uses on agricultural lands and indicates
opposition to the proposed amendment
Communication No. 57 - Ms. Shirley Clair. The communication indicates opposition
to the application for an amendment to the Official Plan and Zoning By-law No. 79-200.
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 Notice of the Public Meeting had been given in
accordance with the Regulations, by prepaid first class mail on February 5, 1999.
His Worship Mayor Thomson received indication that Mr. Tom Richardson,
Solicitor, Sullivan Mahoney, 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with
the assistance of posted sketches; discussed the non-conforming use of the land and the
use of fencing and landscaping to control this type of development; advised that Council
should decide whether the contractors shop and yard is an appropriate land use or
whether the property be maintained in its current agricultural zoning; he further advised
that the site had been cleaned up to a level of a contractors yard and to the satisfaction
of the by-law.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a positive
response in opposition to the application.
Ms. Shirley Olair, 790f Mulhern Street, expressed opposition to the application;
and expressed concems regarding the owners' i/legal use of/and in an agricultural area;
the improper fill over garbage and possible contamination; indicated that a major tributary
of Beaverdams Creek traverses this site and the egress and ingress of two driveways
that are in close proximity of a 4-way stop; and the issue of neighbourhood traffic
congestion; and requested that Council reject the application.
Ms. Jean Grendoni, R.R. #f Garner Road, expressed concems with respect to
the i/legal industrial uses in an agriculturally-zoned area and requested that Council stop
the use of an illegal contractors yard and proceeding with legal actions.
Mr. Tom Richardson, Solicitor, provided background information and reviewed
the recommendation report; advised that approval of the recommendation report would
bring the property into conformity with the Official Plan and zoning by-law; indicated that
an Ontario Municipal Board Hearing was scheduled for May 10, 1999; he stated that
there was no waste disposal on the site only construction material; he advised that the
property had been an eyesore and that the applicant had commenced to clean up the site
and that approval of the application would a/low a limited use to achieve a clean-up and
a tight regulation of the site.
Mr. Richardson responded to questions raised and advised that his client was
prepared to secure those facilities on the site with respect to landscaping and set back
to be addressed prior to the by-law coming into force.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-13/93, closed.
ORDERED on the motion of Alderman Cummings, seconded by A/den'nan Fisher, that
Recommendations 2 and 3 in Report PD-99-25 be approved and further that the site be
placed under Site Plan Control and that all the work to be completed under the site p/an
control within 1 year, after which time a Letter of Credit be given for the maintenance of
the property for a 5-year period with the amount to be negotiated between the City and
the applicant.
The motion was L(~St with Aldermen Cummings, Fisher, Feren and Pietrangelo voting in
favour;, Alderman Volpatti abstaining on a conflict of interest; and Aldermen Wing,
Janvary, Orr, Campbell, Craitor and Michalczyk voting contrary to the motion.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the correspondence be received and filed. Carred Unanimously.
PD-99-33 - Chair, Local Architectural Conservation Advisory Committee. The
communication recommends that City Council direct staff to proceed with the
requirements to designate the building known as Frelick' Tavem, 6151 Lundy's Lane, as
a property of historic and architectural value under Part IV of the Ontario Heritage Act.
His Worship Mayor Thomson received indication that Ms. Kym Cody, Chair,
LACAC was in attendance to address the issue.
Ms. Kym Cody, advised that the property was worthy of designation due to its
architectural and historical interest and requested Councirs consideration to designate
Fralick's Tavern as a property of historic and architectural value under the Ontario
Heritage Act.
ORDERED on the motion of Aldemian Cummings, seconded by Alderman Michalczyk,
that the report be received and adopted. The motion Carrried with Alderman Wing
abstaining from the vote on a conflict of interest and with all others voting in favour.
PD-99-27 - Chief Administrative Officer- Re: Application for Site Plan Approval;
SPC-8/99, 5715 Ellen Avenue and 5781 Victoria Avenue; Proposed Off-Site Parking
for EconoLodge Motel The report recommends that Council approve the site plan for
a proposed off-site parking lot for the EconoLodge Hotel
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-52
PD-99-29 - Chief Administrative Officer- Re: Application for Site Plan Approval;
SPC-42/98, 7500 Lundy's Lane Proposed Expansion to Canada One Outlet Mall.
The report recommends that Council approve the site plan for the expansion to the
Canada One Outlet Mall conditional upon the applicant obtaining a Ministry of
transportation building and land use permit..
ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the
report be received and adopted, and that a plaque be erected recognizing the Lundy
House in a mutually agreeable location The motion Carried with Alderman Feren
abstaining from the vote on a conflict of interest and with all others voting in favour.
PD-99-30 - Chief Administration Officer - Re: Extension Request for part Lot
ControlBy-law, 5097/5101 & 5111/5115 Rice Crescent; Lots 85, 86 & 87, Plan 285.
The report recommends the following:
That Council approve the extension request and pass the appropriate by-law to
designate lots 85, 86 and 87, Plan 285, as exempt from part Lot Control for an
additional 3 years;
2. That the applicant be required to notify the City when the separate deeds have
been registered in order for the by-law to be repealed.
ORDERED on the motion of AIdemian Cummings, seconded by AIderman Campbell, that
the report be received and adopted. Carred Unanimously.
See By-law No. 99-54
PD-99-32 - Chief Administration Officer- Re: Treibacher Schleifmittel; Application
for Certificate of Approval; Waste Disposal Site (Landfill); 3807 Stanley Avenue.
The report recommends the following:
That the Ministry of the Environment be advised that the City does not support the
landfill application and requests that waste be removed from the site;
2. That the Ministry of the Environment be requested to conduct a public hearing with
respect to this matter.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Michalczyk,
that the report be received and adopted. Carried Unanimously.
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the Regular Council Minutes of March 1, 1999, be adopted as printed. Carded
Unanimously.
COMMUNICATIONS
Communication No. 58 - Mr. Bob Lockhart- Re: Niagara Voice Radio Project- The
communication provides comments and expresses concems regarding the Niagara Voice
Radio Project (NVRP).
ORDERED on the motion of Alderman Cummings, seconded by AldeRi~an Fisher, that
the matter be referred to staff. Carded Unanimously.
Communication No. 59 - Eric Greenspoon, President, NoiseWatch - Re:
Proclamation. The communication advises that noise pollution is a serious
environmental and health hazard and requesting that Council proclaim April 21, 1999 as
"International Noise Awareness Day".
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings,
that the request be approved subject to established policy. Carded Unanimously.
Communication No. 60 - BeE Canada- Re: Restructuring of Operator Services. The
communication provides information on Bell Canada's decision to restructure Operator
Services and plans for Bell's Operator Services activities in Niagara Falls.
ORDERED on the motion of Alderman Wing, seconded by AldeRi~an Janvary, that a
letter be forwarded to Bell Canada condemning their actions regarding Bell's Operator
Services. Carded Unanimously.
Communication No. 61 - Corporation of the Town of Keamey- Re: Resolution. The
communication requests that Council support a resolution to the Solicitor General, Emie
Eves strongly objecting to the minimal year sentence handed down to the armed
robber/perpetrator who held up the Keamey Liquor Store.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, that the
request be supported. Carded Unanimously.
Communication No. 62 - The Corporation of the Town of Keewatin - Re: Gas Prices
The communication requests that Council support and endorse a resolution which
petitions the Provincial government to provide an explanation as why gas prices are so
high; and to conduct an investigation and enact legislation to regulate and equalize gas
prices across the Province.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that
the request be supported. Carded Unanimously.
Communication No. 63 - Chippawa Business Improvement Area - Re: Development
of Chippawa Dock. The communication requests Council consideration to allow monies
held in trust be released in order to proceed with the placement of floating docks on the
south side of the Welland River adjacent to the Whiteman Bridge.
Following some discussion, it was ORDERED on the motion of Alderman Feren,
seconded by Aldemian Orr, that the matter be deferred for further discussion. Carfled
Unanimously.
REPORTS
MW-99-33 - Chairperson, Municipal Parking & Traffic Committee. The report
recommends the following:
MW-99-21 - Neighbourhood Speed Hump Program; Neighbourhood 40 km/h
Speed Limit Program; Proposed Policies and Procedures. The report
recommends the following:
1)
That neighbourhood speed humps and 40 km/h speed limit reductions be
endorsed as an effective way in reducing traffic impacts on residential
neighbourhoods in the City of Niagara Falls;
2) That the attached policies being the "Policy and Procedures for Initiating,
Reviewing and Implementing Neighbourhood Speed Hump Programs" and
the "Policy and Procedures for Initiating, Reviewing and Implementing 40
km/h Speed Limits", both be adopted.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the
report be received and adopted. Carfled Unanimously.
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the actions taken in Community Services Committee, earlier this evening be
approved:
Adoption of the Minutes of the February 8, 1999 Community Services Committee
meeting;
=
Report MW-99-32 - Thorold Stone Road Sanitary Sewer - OMB Hearing -
approval of three safeguards as a result of the OMB Hearing for the thirteen
Thorold Stone Road residents as follows: i) reduction in the sewer surcharge; ii)
provision of a vacuum truck during extended power outage; iii) hook-up to a future
gravity sewer paying only connection charges;
Report PD-99-31 - Highway 420 and Roberts Street - that the report be forwarded
to the Ministry of Transportation (M. T. 0.) as the City's formal position with respect
to the future of Highway 420 and Roberrs Street;
Report R-99-10 - Tender 2-99 Control Panel Replacement @ the Stamford
Memorial Arena - that Tender 2-99 for the Control Panel Replacement at the
Stamford Memorial Arena be awarded to Kraun Electric Inc. for the tendered
amount of $46,298. O0 including all applicable taxes;
That information be received on '7~ New Vision for Urban Transportation"; and that
Council endorse the principles in the "New Vision"
In Camera Item:
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that
the Director of Human Resources be authorfzed to negotiate an agreement with Larry
Oates, Director of Municipal Works. Carried Unanimously.
The motion Carried with Alderman Campbell abstaining from the vote on Report
MW-99-32 on a conflict of interest because his parents reside in the area; Alderman Orr
voting contrary to the motion on Report R-99-10 and with all others voting in favour.
See By-law No. 99-53
R-99-11 - Chair, New Millennium Committee. The report recommends that Council
support the following initiatives of the City's New Millennium Committee:
the list of the Sub-Committees and the proposed projects being considered to
commemorate the New Millennium;
the possible use of the City's Logo, as part of the New Millennium Logo for the
City;
c) the submission of an Application for Millennium Funding, under the Provincial
Main Street Ontarfo 2000 Program for a Community Showmobile.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Feren, that the
report be received and adopted and further that consideration be given to the building of
a millennium clock. Carried Unanimously.
CD-99-09 - Chief Administrative Officer- Re: Special Occasion Permit- Hockey
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 Feren, seconded by Alderman Cummings, that
the report be received and adopted. Can'fed Unanimously.
L-99-18 - Chief Administrative Officer- Re: Agreement with John Nagy for
Temporary Training Site for Niagara Falls Fire Department; 7913 Kalar Road. The
report recommends that Council authorize an agreement with John Nagy, Rose Patrfck
and Elizabeth Szuch to permit the Niagara Falls Fire Department to temporarfly use the
property and buildings at 7913 Kalar Road for the training of its firefighters.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
See By-law No. 99-49
L-99-21 - Chief Administrative Officer- Re: River Realty Development (1976) Inc.
Conveyance to the City Blocks K.L & M Plan M-91; South Side of Thorold Stone
Road. The report recommends that the City accept a conveyance of vacant land from
River Realty Development (1976) Inc. and, in return, the City would forgive outstanding
realty taxes against the property in the sum of $151.84.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-50
L-99-22 - Chief Administrative Officer- Re: Establishment of Turning Circle and
One Foot Reserve as a Public Highway - Bruce Avenue. The report recommends
that a turning circle and one-foot reserve be established as a public highway, to be
known as Bruce Avenue.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Michalczyk,
that the report be received and adopted. Carried Unanimously.
See By-law No. 99-51
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo.
that leave be granted to introduce the following by-laws and the by-laws be read a first
time:
99-48
A by-law to amend By-law 79-200, as amended. (Re: AM-44/98, Philip
Wiebe)
99-49
A by-law to authorize the execution of an agreement with Rose Patrick,
Elizabeth Szuch and John Nagy to permit the Niagara Falls Fire
Department to enter upon the lands municipally known as 7913 Kalar Road
to carry out training activities related to the duties of its firefighters. (Re: L-
99-18)
99-50
A by-law to authorize the acceptance of a transfer of Blocks K, L and M on
Registered Plan M-91 from River Realty Development (1976) Inc. and, in
return, the City forgives the outstanding realty taxes against the property
in the sum of $15~.84. (Re: L-99-21)
99-51
A by-law to establish Part ~ on Reference P/an No. 59R-2~34 and Block
E on Registered plan No. 101, as a public highway, to be known as and to
fo,~, part of Bruce Avenue.
99-52
A by-law to amend By-law No. 79-200, as amended (Re: AM-34/98,
Econolodge)
99-53
A by-law to authorize the execution of an agreement with Kraun Electric
Inc. respecting the replacement of the Control Pane/at the Stamford/Jack
Bell Memorial Arena.
99-54
A by-law to amend By-law No. 96-42, being a by-law to designate certain
lands not to be subject to part lot control, by extending the enfomement
period of the by-law for a further three years. (Re: Report PD-99-30)
Carried
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the following by-laws be now read a second and third time:
99-48
A by-law to amend By-law 79-200, as amended. (Re: AM-44/98, Philip
Wiebe)
9949
A by-law to authorize the execution of an agreement with Rose Patrick,
Elizabeth Szuch and John Nagy to permit the Niagara Falls Fire
Department to enter upon the/ands municipally known as 79 13 Kalar Road
to carry out training activities related to the duties of its firefighters. (Re: L-
99-18)
99-50
A by-law to authorize the acceptance of a transferof Blocks K, L and M on
Registered Plan M-91 from River Realty Development (1976) Inc. and, in
return, the City forgives the outstanding realty taxes against the property
in the sum of $15~.84. (Re: L-99-2~)
10 -
99-51
A by-law to establish Part 1 on Reference Plan No. 59R-2134 and Block
E on Registered plan No. 101, as a public highway, to be known as and to
form part of Bruce Avenue.
99-52
A by-law to amend By-law No. 79-200, as amended (Re: AM-34/98,
Econolodge)
99-53
A by-law to authorize the execution of an agreement with Kraun Electric
Inc. respecting the replacement of the Control Pane/at the Stamford/Jack
Bell Memorial Arena.
99-54
A by-law to amend By-law No. 96-42, being a by-law to designate certain
lands not to be subject to part lot control, by extending the enforcement
period of the by-law for a further three years. (Re: Report PD-99-30)
Carried
NEW BUSINESS
Letter of Condolence
Alderman Pat Cummings requested that a letter of condolence be forwarded to
the family of the late Sharon Vaughan Sullivan, wife of City employee John Himes.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
a letter of condolence be forwarded to the family of the late Sharon Vaughan Sullivan,
wife of City employee, John Himes. Carried Unanimously.
Niagara Falls Secondary School
Alderman Shirtey Fisher advised of the Board of Education's decision to keep the
Niagara Falls Secondary School Auditorium open for special events.
Bowling Fundraiser
Alderman Paisley Janvary thanked Aldermen Craitor and Michalczyk, City staff
members Frank Higgins and Karl Dren for their participation in the bowling Fundraiser
held on March 3, 1999 with proceeds going to Woman's Place.
Adams Hockey Tournament
Alderman Kim Craitor advised that Niagara Falls Minor Hockey and the Lions
Club of Stamford were in partnership to have the Adams Hockey Toumament which
would be held during the week of March break and encouraged everyone to attend.
Congratulations and Invitations
Alderman Kim Craitor referred to the efforts of Louise Pietrangelo and Val Hall for
the development of a Girts Hockey Team and of winning the Gold medal for the Ontario
Women's Hockey at the Canada Winter Games and requested that they be invited to
attend a future Council meeting.
11 -
ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that
Louise Pietrangelo and Val Hall be invited to a future Council meeting to recognize their
accomplishments. Carried Unanimously.
Ontario Boxing Team
ORDERED on the motion of Alderman Creitor, seconded by Alderman Michalczyk, that
Chucky Moscato, Captain of the Ontario Boxing team and team members, who won the
overall gold medal at the Canada Winter Games, be invited to a future Council meeting.
Carfled Unanimously.
Recreational Minor Hockey Association
Alderman Kim Craitor referred to the Recreational Minor Hockey Association
holding a Championship Day, Legion Hockey and requested that a letter of appreciation
be forwarded to Adele Kon; Buddy Lowe and his staff for all their efforts in this regard.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that
a letter of appreciation be forwarded to Adele Kon; Buddy Lowe and his staff for all their
efforts and further that consideration be given to the donation of an annual City trophy
to the Association. Carfled Unanimously.
Jr. B Hockey team
Alderman Kim Craitor provided an update on the Jr. B. Hockey team and urged
everyone to attend their upcoming games.
City of Oshawa
ORDERED on the motion of Alderman Creitor, seconded by Alderman Feren, that a letter
of congratulations be forwarded to the City of Oshawa in recognition of their 75th
Anniversary as being incorporated as a City. Carried Unanimously.
Letter of Congretulations
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
a letter of congratulations be forwarded to the A.N. Myer Curling Team in recognition of
their recent Provincial Championship win and further, that the team be invited to a future
Council meeting. Carfled Unanimously.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the meeting be adjoumed. Carfled Unanimously.
12 -
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
NINTH MEETING
COMMITTEE-OF- THE WHOLE
Committee Room #2
March 22, 1999
Counc~ met on Monday, March 22, 1999 at 6:15 p.m. in Committee-of-the-
Whole. All members of Council, with the exception of Aldermen Janvary and Puttick, who
were away on vacation and AldeH,en Cummings and Wing, who were away due to illness,
were present. Alderman Ken Feren presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole
rose to report in open session.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
REGULAR COUNCIL
Council Chambers
March 22, 1999
Council met on Monday, March 22, 1999 at 7:00 p.m. for the purpose of considering
Regular Business matters. All members of Council, with the exception of AIdermen Janvary
and Puttick, who were away on vacation and Aldermen Cummings and Wing, who were
away due to illness, were present His Worship Mayor Thomson offered the Opening
Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
Planning/Regular Council Minutes of March 8, 1999, be adopted as printed. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Craitor indicated a pecuniary interest on Report F-99-11, Cheque Nos.
243608; 243441; M92602 and 243751 because a memberof his family is employed by the
Region.
- 2 -
Alderman Fisher indicated a pecuniary interest on Report F-99-11, Cheque No.
243636 because she is the recipient.
Alderman Michalczyk indicated a pecuniary interest on Report FD-99-01, because
he is a volunteer firefighter; and indicated a pecuniary interest on Report CD-99-11,
because he is involved with an organization that conducts bingos.
Alderman Orr indicated a pecuniary interest on Report F-99-11, Cheque No.
243621, because she is employed by the Casino.
Alderman Pietrengelo indicated a pecuniary interest on Report L-99-24 because the
Niagara Catholic District School Board is his employer.
DEPUTATIONS
Bars in Downtown Area
Chief Grant WaddeE and Inspector Richard Coulis, Niagara Regional Police
addressed concems with respect to bars and after-hour activities in the Downtown area.
Following the discussion, it w~s ORDERED on the motion of Alderman Craitor,
seconded by Alderman Campbell, that staff prepare a report regarding the extent of
damage that is done to Municipal Parking lots by patrons of bars and also of subsequent
clean up of these Municipal parking IDts. Carried Unanimously.
The Canadian Red Cross
Ms. Renate Martin, The Canadian Red Cross, Niagara Falls Branch, provided
an update on the 5th "Bean Blitz for C~harity" campaign; introduced the winners of the
Winter Safety Contest and expressed ~ippreciation to the City and the community for their
support.
:
Niagara River Restoration Council~
Ms. Phyllis Kerkhoven, provided an introduction to the Niagara River Remedial
Action and the Niagara River ReStoration Council and introduced Ms. Deanna
Nicholson, Acting Executive Director who reviewed the Baden Powell Park
Ecosystem Enhancement Project with the assistance of slides, and Ms. Lianne Davies
provided an outline of the new Grassy Brook Aquatic Rehabilitation Project and
requested Council's consideration of a donation of $5,000 towards the rehabilitation
projecL
His Worship Mayor Thomson thanked those in attendance for their presentation
and commended them for all their efforts.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, to
approve the request for a $5,000 donation towards the Grassy Brook Aquatic
Rehabilitation Project. Carried Unanimously.
11111 Ill I
- 4-
Communication No. 71 - Association of Municipalities of Ontario - Re: 1999 AMO
Annual Conference.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that
Aldermen Campbell, Craitor, Michalczyk, Pietrangelo, Puttick and Mayor Thomson attend
the 1999 AMO Annual Conference in August, 1999.
REPORTS
MW-99-36 - Chief Administrative Officer - Re: Contract #99-06, Tender for the
Supply of Materials and Services for Pavement Markings. The report recommends
the following:
1. That the low bid, Provincial Maintenance, be accepted;
2. That the by-law appearing on tonighrs Council Agenda be given the necessary
readings to authorize the execution of the tender for the supply of material and
services for pavement markings.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the
report be received and adopted. CanYed Unanimously.
See By-law No. 99-57
MW-99-42 - Chief Administrative Officer- Re: Proclamation of Building Safety
Week. The report recommends that the week of Apdl 4th to April 10th, 1999, be
proclaimed as "Building Safety Week" and that Council endorse the placing of an
infoi~i~ation booth at Niagara Square.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
R-99-12- Chief Administrative Officer- Re: Tender 4-99, Ice Resurfacer for Jack
Bell Arena. The report recommends that Tender 4-99 for the Ice Resurfacer for the Jack
Bell Arena be awarded to Frank J. Zamboni & Co. Ltd. At a total cost of $67,321.00
(including a~ applicable taxes).
ORDERED on the motion of AIde~iian Feren, seconded by Alderman Pietrangelo, that
the report be received and adopted. CanYed Unanimously.
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the actions taken in Community Services Committee, earlier this evening, be approved:
1. Adoption of Community Services Committee Minutes of March 8, 1999;
MW-99-39 - Niagara Falls Badminton & Tennis Club - that assistance to the
Badminton Club for proposed court improvements be referred to the parks &
Recreation Department in order that a report be provided to Committee Members
detailing services to be provided by the Niagara Falls Badminton Club to the
Community in return for $20,000, provided by the City - Alderman Orr opposed;
MW-99-38 - Municipal infrastructure Data Standard Implementation - that the City
enter into a Consulting Services Agreement with Minervatech, a subsidiary of
Proctor & Redfem Limited at a cost of $46,000. O0 plus G.S. T,'
COMMUNICATIONS
Communication No. 64 - World Sikh Organization - Re: Proclamation. The
communication requests that Council proclaim April 14, 1999 as Khalsa Day in Niagara
Falls, in recognition of the 300th Anniversary of the Khalsa Panth (Sikh Nation)
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Feren, that
the request be supported. Carried Unanimously.
Communication No. 65 - Corporations Supporting Recycling - Re: Earth Day
Canada, "Middle R" ki~s. The communication expresses concerns that education kits
entitled "Middle R" sent to Ontario schools by Earth Day Canada contain major errors
and omissions and urges continued support of curbside recycling system as the preferred
method to recycle in Ontado.
ORDERED on the motion of Alderman Fisher, seconded by Aldeiiiian Volpatti, that the
communication be received and filed for the InfoRiiation of Council. Carded Unanimously.
Communication No. 66 - City of Kanata - Re: Taxation on NHL Hockey teams. The
communication advises that the Council of the City of Kanata recommends to the
Provincial and Federal govemment that Canadian NHL teams be taxed on an equitable
basis relative to other major industries in Canada in order that Canadian NHL teams can
compete with subsidized foreign competitors.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the
communication be received and filed for the InfoR~ation of Council. Carded Unanimously.
Communication No. 67 - Regional Municipality of Waterloo, Corporate Resources
Department- Re: 10-5-5 Capping Legislation. The communication requests support
of a resolution requesting the Ontario Property Assessment Corporation to maintain the
frozen assessment listings required to implement the 10-5-5 Capping program under Bill
79 for 1998, 1999 and 2000.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the
request be supported. Carded Unanimously.
Communication No. 68 - Township of Severn - Re: Subsidization of Bridge
Construction & Maintenance. The communication requests Council's endorsement of
a resolution to petition the Minister of Transportation to consider the re-establishment of
the subsidization of bridge reconstruction and maintenance to assist local municipalities
in ensuring the safe condition of this significant component of municipal infrastructure.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that
the request be supported. Carded Unanimously.
Communication No. 69 - Pitch-In-Ontario - Re: Proclamation. The communication
requests that Council proclaim the week of May 3-9, 1999 as "1999 Pitch-In-Canada'
Week.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
the week of May 3-9, 1999 be proclaimed as "1999 Pitch-In-Canada' week and that the
matter be referred to the Environmental Planning and Greening Committee. Carfled
Unanimously.
Communication No. 70 - The Salvation Army Ontario South Division, Niagara
Region - Re: The Salvation Army's National Red Shield Appeal. The communication
requests that consideration be given to raise the flag on Thursday, April 29, 1999 at
12:15 in recognition of May being the Salvation Army's National Red Shield Appeal
campaign throughout Canada.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the
request be appreved. Carded Unanimously.
dill. ill
L-99-24 - Chief Administrative Officer- Re: Ontario Hydro Licence to the City
Entrance to St. Gabriel Lalemant School. The report recommends the following:
That Lots 112 and 113 on registered Plan No. 109 be added to the existing
licence with Ontario Hydro, for nominal consideration;
2. That the City licence Lots 112 and 113 on registered Plan No. f 09 to the Niagara
Catholic District School Board, for nominal consideration, subject to the School
board indemnifying the City.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Feren, that
the report be received and adopted. The motion Carried with Alderman Pietrangelo
abstaining from the vote on a conflict of interest previously noted and with all others
voting in favour.
L-99-25 - Chief Administrative OfFicer- Re: Authorization to Proceed with the
Closing of an Unused Portion of Warner Road, West of Beechwood Road. The
report recommends that staff be authorized to proceed with the closing of the unused
portion of Wamer Road lying west of Beechwood Road, described as Part 9 on
Reference Plan No. 59-R-5648.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that
the report be received and adopted. Carried Unanimously.
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that
the actions taken in Committee-of-the-Whole, earlier this evening be approved:
1)
Action between the City of Niagara Falls and Peninsula Maintenance (Barry
Cameron) - that mutual releases be issued in exchange between Mr. Cameron
and City of Niagara Falls in cress claims, now that Mr. Cameron is no longer a part
of the action;
John School Revenues - that the City Solicitor be authorized to advise the Niagara
Regional Police Services Board that the City of Niagara Falls will indemnify and
safe harmless the Police Services Board and undertake its defence in the event
of a lawsuit in exchange for the Board releasing to the City of Niagara Falls, the
amount of approximately $38,000. O0 being the revenue of the John School.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
99-55
A by-law to authorize the execution of an agreement with Frank J. Zamboni
& Co. Limited respecting the ice resurfacing for the Jack Bell Arena.
99-56
A by-law to authorize the execution of a Consulting Agreement with Proctor
& Redfem Limited respecting the Municipal Infrastructure Data Standard
Implementation.
99-57
A by-law to authorize the execution of an agreement with 649799 Ontario
Limited operating as Provincial Maintenance respecting supply of material
and services for pavement markings.
MW-99-40- Research Project "Evaluating the Effectiveness of Cathodic protection
in Watermains" - that the City of Niagara Falls participate in the National Research
Council (NRC) Research Projects entitled "Evaluating the Effectiveness of
Cathodic Protection in Watermains" at a cost to the City of $21,000.00 over three
years;
MW-99-41 - Thorold Stone Road Reconstruction Dorchester Road to Rolling
Acres - that information be received and filed on the Thorold Stone Road
Reconstruction; Dorchester Road to Rolling Acres Drive;
FD-99-01 - Truck Bay Addition to Chippawa Fire Station No. 4 - that Tender#5-99
for the Truck Bay Addition to Chippawa Fire Station #4 be awarded to SalCor
Construction Ltd., for the tendered amount of $199, 506. 85 (including all applicable
taxes); and that expenditure of funds accrued through Development Charges be
used to fund this project - Alderman Michelczyk conflict of interest;
R-99-13 - Policy 1000.36 Financial Assistance for Leadership Training Funding
Policies - Recreation Commission - that Policy 1000.36 be amended and
approved by City Council;
8. F-99-11 - Municipal Accounts - that the Municipal Accounts totalling
$1,354,201.18 for the period ending Mamh 22, 1999 be approved:
The motion Carried with Aidemien Orr voting contrary to the motion dealing the Niagara
Falls Badminton & Tennis Club; Alderman Michalczyk abstaining from the vote on Report
FD-99-01 because he is a volunteer firefighter; and Aldermen Fisher, Craitor Orr
abstaining from the vote on Report F-99-11 on conflicts of interest previously noted and
with all others voting in fevour.
See By-law No. 99-55
See By-law No. 99-61
PD-99-34 - Chief Administrative Officer- Re: Application for site Plan Approval.'
SPC-6/98, 7500 Lundy's Lane; Expansion to Italo-Canadian Centennial Club. The
report recommends that Council approve the site plan for the expansion to Italo-
Canadian Centennial Club at 6200 Thorold Townline Road conditional upon the owners
obtaining a Ministry of Transportation Building Land Use Permit.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
CD-99-fO - Chief Administrative Officer- Special Occasion permit, Hockey
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 Feren, seconded by AIderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
CD-99-11 - Chief Administrative Officer- Re: Bingo Totals for 1998. The report
recommends that this report be received for the Information of Council.
ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that the
report be received for the information of Council, The motion Carried with Alderman
Michalczyk abstaining from the vote on a conflict of interest previously noted and with a~
others voting in favour.
L-99o23 - Chief Administrative Officer - Re: Establishment of Land as a Public
Walkway Block 1 Plan M-29 and Block 34 Plan M-76. The report recommends that
Block I Plan M-29 and Block 34 Plan M-76 be established as a public walkway.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
~1111 IIII I
99-58
A by-law to establish Block I on registered Plan No. M-29 and Block 34 on
registered Plan M-76 as a public walkway. (L-99-23)
99-59
A by-law to amend By-law No. 79-200, as amended. (AM-43/98,
Christopher Johns)
99-60
A by-law to authorize the execution of an agreement with the Canadian
Niagara Hotels Inc. operating business as Skyfine Foxhead Hotel to
provide the required parking spaces for the Skyline Foxhead Hotel.
99-61 A by-law to authorize monies for General Purposes (March 22, 1999)
The motion Carried with Aldermen Fisher, Craitor and Orr abstaining from the vote on By-
law No. 99-61 on conflicts of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher that
the following by-laws be now read a second and third time:
99-55
A by-law to authorize the execution of an agreement with Frank J. Zamboni
& Co. Limited respecting the ice resurfacing for the Jack Be//Arena.
99-56
A by-law to authorize the execution of a Consurfing Agreement with Proctor
& Redfern Limited respecting the Municipal Infrastructure Data Standard
Implementation.
99-57
A by-law to authorize the execution of an agreement with 649799 Ontario
Limited operating as Provincial Maintenance respecting supply of material
and services for pavement markings.
99-58
A by-law to establish Block / on registered Plan No. M-29 and Block 34 on
registered Plan M-76 as a public walkway. (L-99-23)
99-59
A by-law to amend By-law No. 79-200, as amended. (AM-43/98,
Christopher Johns)
99-60
A by-law to authorize the execution of an agreement with the Canadian
Niagara Hotels Inc. operating business as Skyline Foxhead Hotel to
provide the required parking spaces for the Skyline Foxhead Hotel.
99-61 A by-law to authorize monies for Genera/Purposes (March 22, 1999)
The motion Carried with Aldermen Fisher, Craitor and Orr abstaining from the vote on By-
law No. 99-61 on conflicts of interest previously noted and with all others voting in favour.
NEW BUSINESS
Letter of Thanks
Alderman Fisher referred to the musical event at Niagara Square on Friday, March
19, 1999 and the "Back Streers Back" group and requested that a letter of thanks be
forwarded to the group for their co-operation and to investigate their availability for
Canada Day.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that a
letter be forwarded to the Back Streers Back group for their co-operation and to
investigate their availability for Canada Day. Carried Unanimously.
Letter of Congratulations
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that
a letter of congratulations be forwarded to the Niagara Film Festival for their successful
fundraising event for lan Strathem, which raised approximately $7,000.00. Carried
Unanimously.
Cancellation of Council Meeting
His Worship Mayor Thomson referred to the celebration of Canada/Japan Week
during the week of May 10, 1999 and of opening ceremonies on May 10, 1999, which is
also a scheduled Council Meeting.
Following the discussion, it was ORDERED on the motion of Alderman Feren,
seconded by Alders,an Campbell, that the Council Meeting of May 10, 1999 be
cancelled. The motion Ca~ed with Alderman Craitor voting contrary to the motion and
with all others voting in favour.
Selling off Water from the Great Lakes
His Worship Mayor Thomson referred to a recent article in the Niagara Falls
Review with respect to a Joint Commission studying the possibility of selling water from
the Great Lakes to foreign nations and expressed great concerns on the subsequent
impact on the Falls.
ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that staff
prepare a report suggesting how the Municipality can object in the strongest possible
manner to ensure that there would be no adverse affect on the Falls due to the drawing
of water off for sale to foreign nations. Carried Unanimously.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the
meeting be adjourned. Ca~ed Unanimously.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
IIIII IIIII
TENTH MEETING
COMMITTEE-OF-THE WHOLE
Committee Room #2
March 29, 1999
Council met on Monday, March 29, 1999 at 6:00 p.m. in Committee-of-the-
Whole. All members of Council, were present. Alderman Pat Cummings presided as
Chairman.
Following consideration of the items presented, the Committee-of-the-Whole
rose to report in open session.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
REGULAR COUNCIL
Council Chambers
March 29, 1999
Council met on Monday, March 29, 1999 at 7:00 p.m. for the purpose of considering
Regular Business matters. All members of Council were presenL Alderman Pat Cummings
offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings, that
the Regular Council Minutes of March 22, 1999, be adopted as printed. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Craitor indicated a pecuniary interest on Report F-99-12, Cheque No.
243874 because a member of his family is employed by the Region.
Aldermen Campbell and Pietrangelo indicated a pecuniary interest on
Communication No. 76 because the District School Board is their employer.
Alderman Cummings indicated a pecuniary interest on Communication No. 75
Stamford Centre Volunteer Fireman's Association because he is member of the
Association.
Alderman Michalczyk indicated a pecuniary interest on By-law No. 99-66 because
he is a volunteer firefighter.
Alderman Pietrangelo indicated a pecuniary interest on Report L-99-29, and on By-
law No. 99-64 because a member of his family is involved in testamentary devise matters.
Alderman Wing indicated a pecuniary interest on Report F-99-11 from the Maroh 22,
1999 Council meeting on Cheque Nos. 243762 because she is the Chair of the interest
group and on Cheque No. 243584 because she is an Officer of the recipient organization.
PRESENTA~ONS
His Worship Mayor Thomson congratulated and presented tokens of appreciation
to Louise Pietrangelo and Val Hall in recognib'on for their role on the Gold medal winning
Ontario Women's Hockey team that competed in the Canada Winter Games.
His Worship Mayor Thomson congratulated and presented a token of appreciation
to Chucky Moscato in recognition of capturing a Bronze medal in the sport of boxing at
the Canada Winter Games in Comerbrook, Newfoundland.
DEPUTA~ONS
Stamford Skating Club Inc.. Niagara Falls
Muriel Sokach, President, Stamford Skating Club invited members of Council
and the community to attend the 1999 "Spring. Gala' on Saturday, April 3, 1999 at the
Stamford arena, featuring their National Synchronized Skating teams. She advised this
was a free event as a special "thank-you" to the, community for their support.
Niagara Falls Cancer Society SkyIon Climb for Cancer
Regional Councillor, Gary Hendershot provided information on the Niagara Falls
Cancer Society SkyIon Climb for Cancer being held on April 10, 1999; encouraged
community participation and presented a token of appreciation to His Worship Mayor
Thomson.
COMMUNICATIONS
Communication No. 72 - Township of Bagot, Blythfield and Brougham - Re: Fire
Protection. The communication requests that Council support a resolution requesting
that the Fire Marshairs office refrain from imposing or downloading any of their
responsibilities, such as community education, property inspections, or any other such
duties that do not deal with the direct action of extinguishing fires or very minimal fire
prevention procedures.
ORDERED on the motion of Alderman Jan vary, seconded by Alderman Feren, that the
request be supported and further that a letter be forwarded to the Solicitor Genera/and
Bart Maves M.P.P., expressing concerns regarding downloading to Municipalities and Fire
safety inspections in Hotels in Niagara Falls and funding. Carried Unanimously.
Communication No. 73 - The Optimist Club of Niagara Falls, Inc. - Re: Proclamation.
The communication requests that Council proclaim the week of May 3 - 9, 1999 as
"Respect for Law" week in the City of Niagara Falls; and further that May 8, 1999 be
observed as a "Day of Non-Violence" in the City of Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
request be approved subject to established policy. Carried Unanimously.
Communication No. 74 - The Smile Trust/National Kid's Day- Re: Proclamation. The
communication requests that Council proclaim Saturday, June 12, 1999 as "National Kids'
Day".
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
request be approved subject to established policy. Carried Unanimously.
Communication No. 75 - Jim Brennan, c/o Stamford Centre Volunteer Fireman's
Association - Re: 1999 Carnival The communication requests permission to hold their
48th Annual Carnival at the Stamford Green grounds from June 16~h to June 19th, 1999
inclusive.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Michalczyk, that
permission to hold the 4~h Stamford Centre Volunteer Fireman's Camival be granted. The
motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest
previously noted and with all others voting in favour.
Communication No. 76 - The City of Guelph - Re: Bill 79. The communication advises
that the Guelph City Council direct the City Treasurer to immediately withhold the 1999
education levy payments as weft as all outstanding and future Local Service Realignment
payments to the Province until a mechanism is developed by the Province to reimburse the
City for lost investment earnings resulting from the passing of Bill 79, the Fairness to
property Taxpayers Act.
ORDERED on the motion of AIderman Pietrangelo, seconded by Alderman Campbell, that
the matter be referred to staff. Carried Unanimously.
Communication No. 77 - Friends of the Lundy's Lane Battlefield - Re: Advisory
Board. The communication provides comments with respect to the appointment of an
Advisory Board.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
correspondence be received and filed for the Information of Council; and further that a
letter be forwarded to the Friends of the Lundy's Lane Battlefield advising that this is City-
owned property and that everyone should work together towards the preservation of this
historical property. Carried Unanimously.
Communication No. 78 - LGL Limited, Environmental Research Associates - Re:
QEW from Lundy's Lane to Lyons Creek, Median Barrier and Pavement
Rehabilitation, City of Niagara Falls. The communication introduces the study and
requests the City's participation.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the
matter be referred to staff. Carried Unanimously.
Communication No. 79 - Ministry of Transportation - Re: Amendment of Ontario
Regulation; Speed Zone Change on Highway 405; Regional Municipality of Niagara;
Town of Niagara-On-The-Lake and City of Niagara Falls. The communication advises
that the Ministry of Transportation is amending existing Ontario Regulations for Speed
Limits on Highway 405 near the Queenston-Lewiston Toll Booth from 100 km/h to 80 km/h.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that the
matter be referred to staff. Carried Unanimously.
Communication No. 80 - City of Niagara Falls Board of Museums - Re: Appointment
to the Board of Museums. The communication requests that the City appoint former
Board member, Gordon West to serve on the Board and replace former member Philip
Cheesman.
ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that Mr.
Gordon West be appointed to the Niagara Falls Board of Museums. Canfed Unanimously.
See By-law No. 99-69
REPORTS
R-99-19 - Chief Administrative Officer- Re: Pepsi-Cola Canada Ltd. - Exclusive
Supply Agreement. The report recommends that Council pass the By-law, appearing
later on this evening's agenda, authorizing Pepsi-Cola Canada Ltd. To reassign their
Exclusive Supply Agreement to: "The Pepsi Bottling Group (Canada) Co." (PBG Canada).
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
the report be received and adopted. Canfed Unanimously.
See By-law No. 99-63
PD-99-38 - Chief Administrative Officer- Re: Application for Site Plan Approval; SPC-
30/98; 4248 Broughton Avenue; Proposed Expansion to Niagara Bronze Limited. The
report recommends that Council approve the site plan for a proposed expansion to Niagara
Bronze Limited.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the report be received and adopted. Canfed Unanimously.
PD-99-42 - Chief Administrative Officer- Re: Application for Site Plan Approval; SPC-
3/99; 5930 Victoria Avenue; Proposed Marriott Courtyard. The report recommends that
Council approve the site plan for the proposed Manfott Courtyard Hotel at 5930 Victoria
Avenue conditional upon the landscaping and streetscaping design being deferred until the
City has completed the studies required for the Grand Boulevard and related issues.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
actions taken in Corporate Services Committee, earlier this evening be approved:
1. Adoption of the Minutes of Mamh 1, 1999 Corporate Services Committee meeting;
Report IS-99-01 - Year 2000 Update - that the report be received and filed for
information;
Report F-99-12 - Municipal Accounts - that the Municipal Accounts totalling
$337,225.38 for the period ending March 29, 1999 be approved;
Report F-99-14 - Dog Licences - that the City extend the $5. O0 discount period on
dog licences until the final day of April and that the Humane Society be requested
to carry out another mailing to their licensees indicating the extension;
Report MW-99-34 - 1999 Parking Operations and Capital Budget - that the 1999
Parking Operating and 1999 Parking Capital Budgets be endorsed and forwarded
to City Council for approval;
6. Correspondence - Niagara Falls Lightning Gymnastic Club that the
correspondence be received;
In Camera Session:
That the proposal submitted to the Committee for payment of tax arrears be
deferred pending receipt of further financial information;
2. Report F-99-15, Local Services Realignment Impact - that the report be received for
Information.
The motion Carried with Alderman Craitor abstaining from the vote on Report F-99-12 on
conflicts of interest previously noted and with all others voting in favour.
See By-law No. 99-67
See By-law No. 99-68
RA TIFICA TION OF COMMITTEE-OF- THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
action taken on the following matter, in Committee-of-the-Whole, eadier this evening be
approved:
That the City Solicitor be authorized to appeal the decision arising out of the
dismissal of the case against the ICON Club and its various corporate and individual
entities and that the City Solicitor be authorized to take all the necessary steps in that
regard;
Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Michalczyk, that
the action taken on the following matter, in Committee-of-the-Who/e, eadier this evening
be approved:
That the Ontario Racing Commission be advised that the Council of the City of
Niagara Falls has no objection to an application for racing dates licence and slots by
Ontario Mile Corporation for its proposed Raceway and Equine Centre Development in
West Niagara, provided that the applicant obtain all required approvals from the various
government bodies, and in particular, all approvals required under the Planning Act.
Carried Unanimously.
Following the discussion, Alderman Orr expressed opposition to the manner in
which the matter had been presented.
L-99-29 - Chief Administrative Officer- Re: Vajda Agreement with the City Building
Permit/Testamentary Devise. The report recommends that Council authorize an
Agreement dated March 17, 1999, between Mark Vajda and Leslie Vajda and the City
regarding application for a Building Permit.
ORDERED on the motion of Alderman Feren, seconded by Alderman Janvary, that the
report be received and adopted. The motion Carried with Alderman Pietrangelo abstaining
from the vote on a conflict of interest previously noted and with all others voting in favour.
See By-law No. 99-64
RESOLUTIONS
NO. 15- CUMMINGS- MICHALCZYK- THAT the Ontario Racing Commission be advised
that the Council of the City of Niagara Falls has no objection to an application for Racing
Dates Licence and Slots by Ontario Mile Corporation for its proposed Race way and Equine
Centre Development in West Niagara, provided that the applicant obtain all required
approvals from the various Government bodies, and in particular, all approvals required
under The Planning Act.
AND the Seal of the Corporation be hereto affixed. Carried Unanimously.
NO. f6- VOLPA TTI- FEREN- WHEREAS the Provincial Local Services Realignment has
created a new Provincial/Municipal relationship in the provision of services to the residents
of the Province; AND WHEREAS a change in this sharing relationship will reduce the 1999
municipal costs for Local Services Realignment; AND WHEREAS the Provincial
Community Reinvestment Fund is being reduced due to the reduction in 1999 costs for
Local Services Realignment; AND WHEREAS the residential education tax room is no
longer required, or a portion thereof, by The Regional Municipal;ty of Niagara to fund Local
Services Realignment costs; AND WHEREAS this Council is desirous of the citizens
receiving the benefit of these reductions in costs; THEREFORF: BE IT RESOLVED THAT
the Regional Municipality of Niagara be requested to ensure that reductions in cost savings
be passed on to the ratepayers through reduction of their tax levy; and further, that future
reductions in Local Services Realignment costs be passed on~to the ratepayers.
AND the Seal of the Corporation be hereto affixed. Carried UDanimously.
BY-LAWS
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:
99-62
A by-law to prohibit the sounding of Engine Whistles of Trains in respect to
a certain highway crossing within the City of Niagara Falls.
99-63
A by-law to authorize the execution of an Acknowledgement respecting the
assignment of an Agreement to The Pepsi Bottling Group (Canada) Co.
Without further recourse to Pepsi-Cola Canada Ltd.
99-64
A by-law to authorize an Agreement, dated March 17, 1999, between Mark
Vajda and Leslie Vajda and The Corporation of the City of Niagara Falls
regarding application for a Building Permit. (Re: L-99-29)
99-65
A by-law to amend By-law No. 79-200, as amended. (PD-99-38)
99-66
A by-law to authorize the execution of an Agreement with SalCor
Construction Ltd., with respect to a Truck Bay Addition to Chippawa Fire
Station No. 4. (Re: Report FD-99-01)
99-67
A by-law to authorize monies for General Purposes (March 29, 1999)
99-68
A by-law to amend the Dog Licensing By-law to extend the reduced fee time
period.
99-69 A by-law to appoint Gordon West to the City of Niagara Falls Board of
Museums.
The motion Carried with Alderman Craitor abstaining from the vote on By-law No. 99-67
on conflicts of interest previously noted and with all others voting in favour.
ORDERED on the motion of AIde~an Pietrangelo, seconded by A/de~an Feren, that the
following by-laws be now read a second and third time:
99-62
A by-law to prohibit the sounding of Engine Whistles of Trains in respect to
a certain highway crossing within the City of Niagara Falls.
99-63
A by-law to authorize the execution of an Acknowledgement respecting the
assignment of an Agreement to The Pepsi Bottling Group (Canada) Co.
Without further recourse to Pepsi-Cola Canada Ltd.
99-64
A by-law to authorize an Agreement, dated March 17, 1999, between Mark
Vajda and Leslie Vajda and The Corporation of the City of Niagara Falls
regarding application for a Building Permit, (Re: L-99-29)
99-65
99-66
A by-law to amend By-law No. 79-200, as amended. (PD-99-38)
A by-law to authorize the execution of an Agreement with SalCor
Construction Ltd., with respect to a Truck Bay Addition to Chippawa Fire
Station No., 4. (Re: Report FD-99-01)
99-67
A by-law to authorize monies for General Purposes (March 29, 1999)
99-68
A by-law to amend the Dog Licensing By-law to extend the reduced fee time
period.
99-69 A by-law to appoint Gordon West to the City of Niagara Falls Board of
Museums.
The motion CarTied with Alderman Craitor abstaining from the vote on By-law No. 99-67
on conflicts of interest previously noted and with all others voting in favour.
NEW BUSINESS
Letter of Congratulations
Alderman Pat Cummings requested that a letter of congratulations be forwarded to
the Niagara Falls Jr. B Canucks in recognition of aft their efforts for a job well done during
the playoffs..
ORDERED on the motion of Alderman Cummings, seconded by Alderman Feren, that a
letter of congratulations be forwarded from the Mayors Office to the Jr B Canucks in
recognition of a job well done during the playoffs. Carried Unanimously.
Letter of Appreciation
Alderman Judy Orr expressed appreciation to the Police Department for their efforts
in providing a '~3eaceful Friday night" forthe residents of the downtown area and requested
that a letter of appreciation be forwarded to the police for their efforts in that regard.
ORDERED on the motion of Alderman OfT, seconded by Alderman Volpatti, that a letter
be forwarded from the Mayors Office to the Police Department, in appreciation for their
efforts in providing a '~3eaceful Friday night" for the residents of the Downtown area.
Carried Unanimously.
Canadian Pavilion at Epcot Centre
Alde~an Norm Puttick requested that a letter be forwarded to Disney Corp./n an
effort to try and influence that changes be made to the film on Canada and have Niagara
Falls included at the Canadian Pavilion at the Epcot Centre.
ORDERED on the motion of Alderman Puttick, seconded by Aidelysian Pietrangelo, that
a letter be forwarded to the group responsible for the Canadian pavilion at the Epcot
Centre to try and influence that changes be made to the film on Canada to include Niagara
Falls. Carried Unanimously.
Business Opportunities in Ontario
Alderman Norm Puttick referred to an advertisement presented by Premier Harris
on business opportunities in Ontario and requested that staff obtain further information
from the Minister of Toudsm regarding the number of enquiries being received due to the
advertisements and how many of those enquiries have tumed into actual jobs.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that a
letter be prepared by staff to the Minister of Tourism, requesting information on the number
of enquiries being received and how many of those enquiries have turned into actual jobs,
as a result of these advertisements. Carried Unanimously.
Chamber of Commerce
Alderman Kim Craitor informed members of Council that the Chamber of Commerce
membership now exceeds 600 members and urged other businesses to become Chamber
members.
Montrose Road Consultant Study
Alderman Kim Craitor requested information on the Montrose Road Consultant study
and was advised by the City Clerk that the document prepared by the Region's Consultant
was available for review in the Clerk's Department.
Chippawa Jr C's Hockey Sports Celebrity Dinner
His Worship Mayor Thomson advised that tickets for the Chippawa Jr C's Hockey
Sports Celebrity dinner being held on April 1, 1999 could be obtained through the Mayors
office.
Provincial Local Services Rea~gnment
Following some discussion, ff was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Feren, that the Regional Municipality of Niagara be requested to
ensure that reductions in cost savings be passed on to the ratepayers through reduction
of their tax levy; and that further reductions in Local Services Realignment costs be passed
on to the ratepayers and that the resolution be forwarded to the Member of Parliament and
the appropriate Minister. Carried Unanimously.
Bingo Committee
His Worship Mayor Thomson referred to the establishment of a Bingo Committee
that would work in conjunction with the Clerk's Department to deal with Bingo and
charitable groups, who wished to appeal any decisions or disputes that come up.
ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that
Alderman Paisley Janvary, Chair the Committee, and that Aldermen Campbell and Puttick
sit on the Committee as City representatives. The motion Carried with Aldermen Creitor,
Cummings and Michalczyk abstaining from the vote on conflicts of interest and with all
others voting in favour.
READ AND ADOPTED,
ELEVENTH MEETING
COMMITTEE-OF-THE WHOLE
Committee Room #2
April 12, 1999
Council met on Monday, April 12, 1999 at 6:00 p.m. in Committee-of-the-
Whole. All members of Council, with the exception of Alderman Janice Wing, who was
away due to illness, were present. Alderman Norm Puttick presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole did not
ffse to report.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
PLANNING MEETING
Council Chambers
April 12, 1999
Council met on Monday, April 12, 1999 at 7:00 p.m. for the purpose of considering
Planning/Regular Business matters. All members of Council, with the exception of
AIdell,an Janice Wing, who was away due to illness, were present. Alderman Shirley
Fisher offered the Opening Prayer.
Prlorto dealing with further Council matters, His Worship Mayor Thomson requested
a moment of silence in remembrance of the late Miss Ruth Redmond._
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Michalczyk indicated a pecuniary interest on Report F-99-16, Cheque No.
244031 because he is a volunteer firefighter.
Alderman Craitor indicated a pecuniary interest on Report F-99-16, Cheque Nos.
M92621; M92624 and 244036 because a member of his family is employed by the
recipient.
Aldermen Campbell and Pietrangelo indicated pecuniary interests on Report F-99-
16, Cheque No 244104 because they are employed by the District School Board of
Niagara.
Alderman Pietrangelo indicated a pecuniary interest on Report F-99-16, Cheque No.
243983 because a member of his family is the recipient; and indicated a conflict of interest
on Report PD-99-45 because his residence borders the subdivision.
illlll II [
His Worship Mayor Thomson indicated a pecuniary interest on Report L-99-32,
proposed Wall Sign, Skyline Foxhead Hotel, because a member of his family is involved.
MA YOR'S REPORTS, ANNOUNCEMENTS, REMARKS
Special Council Meeting
ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that a
Special Meeting of Council be held on May 17, 1999 at 4:30 p.m. to deal with development
applications. Carded Unanimously.
Mayor's Prayer Breakfast
Mayor Thomson advised that the Mayors Prayer Breakfast hosted by the Christian
Businessmen's Association and being held on Wednesday, April 14, 1999 at 6:30 a.m.
Ambulance and Health Services
ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that
Ambulance and Health Services be maintained as a Provincial responsibility to maintain
consistency across the Province and that it was inappropriate for local Regional funding;
and further that a meeting be scheduled with Bart Maves, M.P.P. at his convenience to
discuss the matter. Carried Unanimously.
Mayor's Hotline
Mayor Thomson advised that the Mayors Hotline would be televised on April 14,
1999 on Cable 10 to address the issues of water meters and the cat by-law and invited
everyone to participate.
PRESENTA~ONS
Charles Vandersluys, Baldini and Vandersluys, Photographers, presented a
cheque in the amount of $609.00 to Barry Baumhour, Manager, Niagara Falls Humane
Society, from funds raised through a Dog Photo contest.
His Worship Mayor Thomson congratulated Mr. Vandersluys for his excellent work
and efforts in this regard.
DEPUTARONS
Jim Heywood, Education Month Co-chair and representatives from Heximer
School and Stamford Collegiate provided information on the various activities scheduled
during Education month and requested that Council proclaim Apdl 12 to May 7, 1999 as
"Education Month in the District School Board of Niagara",' and invited Council and the
community to attend the various school activities.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
April 12 to May 7, 1999 be proclaimed as "Education Month in the District School Board
of Niagara". Carded Unanimously.
PLANNING MATTERS
Following some discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Pietrangelo, that the matter dealing with the Zoning By-law
Amendment Application; a 30-unit Townhouse Development be brought forward. Carried
Unanimously.
Mr. Louie Buordolone, Agent, was in attendance on behalf of the applicant, and
requested that the matter be deferred.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the matter of a proposed 30-unit Townhouse Development be deferred. Carfled
Unanimously.
PD-99-37 - Chief Administrative Officer - Re: Zoning by-law Amendment and Site
Plan Approval Applications; AM-4/99 & SPC-7/99, 5257 Ferry Street and 5849, 5867,
5871 & 5885 Ellen Avenue; Proposed Off-Site Parking for the Qua~ty Inn Hotel The
report recommends that Council approve the re-zoning and site plan applications of a
proposed off-site surface parking lot for the Quality Inn.
- AND -
Communication No. 81 Niagara Peninsula Conservation
communication advises as having no objection to the application.
Authority. The
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 Notice of the Public Meeting had been given in
accordance with the Regulations, on March 12, 1999.
His Worship Mayor Thomson received indication that Ms. Italia Gilberti, Solicitor,
was in attendance on behalf of the applicant and received a negative 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the information contained in the
Recommendation Report; discussed landscaping, screening and buffering issues and
assured that there would be adequate parking for the development.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-4/99, closed.
ORDERED on the motion of AIderman Cummings, seconded by AIderman Fisher, that the
report be received and adopted. Carried Unanimously.
ORDERED on the motion of AIderman Craitor, seconded by AIderman Cummings, that the
correspondence be received and filed. Carried Unanimously.
See By-law No. 99-78
I{11111{ II {
PD-99-43 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-7/99, Donald May, Amendment to the Tourist Commercial Zone All Lands Zoned
TC. The report recommends the following:
That Council approve the Zoning By-law Amendment application to add a
timeshare sales office to the list of uses permitted by the TC zone and add a
definition of a timeshare sales office to the Zoning By-law;
2. That the amending By-law appearing to Councirs agenda be adopted.
- AND -
Communication No. 82 - Niagara Peninsula Conservation Authority.
communication advises as not being in opposition to the application.
The
- AND -
Communication No. 83 - Campark Resorts. The communication requests that the
accommodations industry should not be overlooked by the City of Niagara Falls when
establishing this zoning 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 Notice of the Public Meeting had been given in
accordance with the Regulations, by publishing a notice in the Niagara Falls Review on
Maroh 13, 1999 and by prepaid first class mail on March 12, 1..~99.
His Worship Mayor Thomson received indication that Mr. Donald May, the applicant
was in attendance and received a negative 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the information contained in the
Recommendation Report and informed that a special provision dealing with the
accommodations industry will be considered under the planning process..
There was a negative response to Mayor Thomson°s request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
Mr. May indicated that he was in support of staffs Recommendation Report.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-7/9, closed.
ORDERED on the motion of Alderman Pietrangelo, seconded by AIderman Feren, that the
report be received and adopted. Ca~ed Unanimously.
ORDERED on the motion of Alderman Pietrangelo, seconded by AIderman Feren, that the
correspondence be received and filed. Carried Unanimously.
See By-law No. 99-79
PD-99-39 - Chief Administrative Officer- Re: Request for Extension to draft Plan
Approval; Muller Industrial Park; 26T-90003 (Revised); Owner: H. Muller et aL The
report recommends the following:
That a Council resolution supporting a one-year extension to draft plan approval for
the Muller Industrial Park Plan of Subdivision be adopted conditional on the
applicant maintaining the appropriate subdivision sign on the property for public
information purposes;
2. That a copy of this report and the Council resolution be forwarded to the applicant
and the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Feren, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 17
PD-99-40 - Chief Administrative Officer- Re: Requests for Extension to Draft Plan
Approval; Williams Subdivision; 26T-930f f (Revised); Willlares Subdivision, Plan 2,
26T-9400f, River Realty Development (1976). The report recommends the following:
1. That Council resolutions supporting a one-year extension to draft plan approval for
the i) Williams Subdivision and ii) Williams Subdivision Plan 2 be adopted
conditional on the applicant maintaining the appropriate subdivision signs on the
properties for put~[ic information purposes;
2. That a copy of thi~ report and the Council resolutions be forwarded to the applicant
and the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 18
PD-99-45 - Chief Administrative Officer- Re: Ministry of Transportation Woodlot,
East of Katharina Subdivision. The report recommends that Council direct staff to
arrange a preliminary public meeting with interested parties to discuss land use
alternatives.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Feren, the
report be received and adopted. The motion Carried with Alderman Pietrangelo abstaining
from the vote on a conflict of interest and with a~ others voting in favour.
PD-99-46 - Chief Administrative Officer- Re: Application for Site Plan Approval; SPC-
20/97; NW comer of Stanley Avenue and Dunn Street; Proposed Crowne Plaza Hotel,
The report recommends that Council approve the site plan for the proposed Crowne Plaza
Hotel conditional upon the streetscape works being deferred until completion of the City's
streetscape master plan.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously,
PD-99-47 - Chief Administrative Officer - Re: Proposed Niagara Escarpment Plan
Amendment PC/f27/99; Home Businesses. The report recommends that Council advise
the Region that the City has no objection to the proposed Niagara Escarpment Plan
Amendment for home businesses.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
REGULAR COUNCIL MEETING
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings, that
the Regular Minutes of Maroh 29, 1999 be approved as printed. Carried Unanimously.
[Bl[! II [
- 6 -
COMMUNICATIONS
Communication No. 84 - Jim Flaherty, Minister of Labour- Re: Fair access to jobs.
The communication requests that Council consider following the govemment's lead and
voluntarily stop awarding construction contracts to companies from Quebec and supporting
Ontario jobs.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Michalczyk, that
the request be supported. The motion Carried with Aldef~f~en Pietrangelo and Puttick
voting contrary to the motion and with all others voting in favour.
Communication No. 85 - The Niagara Parks Commission - Re: Fireworks Displays.
The communication requests that Council approve the holding of fireworks displays over
the Falls on Friday evenings at 10:00 p.m., starting May 14th to September3~, 1999; and
on May 24th, May 31't, July 1st and July 4th, 1999.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that the
request be approved subject to established policy. Carried Unanimously.
Communication No. 86 - Town of Grimsby - Re: Shortage of Family Physicians. The
communication requests that Council consider and support a resolution requesting the
Province to take steps to limit the exodus of newly educated doctors from the Province
and to recognize the human resources available among immigrant doctors.
ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the
request be supported. Carried Unanimously.
Communication No. 87 - James Kitney- Re: Roberts Street. The communication
requests that the north side of Roberts Street/Highway 420 from Victoria Avenue to
Stanley Avenue be rezoned as Tourist Commercial.
ORDERED on the motion of Alderman Fisher, seconded by Aldei~iian Cummings, that the
matter be referred to staff. Carried Unanimously.
Communication No. 88 - The Honourable Paul Martin, Minister of Finance - Re:
Proposed Federal tax on gambling winnings. The communication advises that no
federal tax on gambling winnings was contained in the February 16, 1999 Federal budget.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
correspondence be received and filed for the Information of Council.
Communication No. 89 - Niagara Film Festival- Re: Proclamation. The communication
requests that Council proclaim May 28~ to June 6t~ as "Niagara Film Festival".
ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that the
request be supported. Carried Unanimously.
Communication No. 90 - The Boys and Girls Club of Niagara - Re: 2"d Annual
Elimination Draw/Dinner Dance. The communication requests that Council purchase a
table for the 2"d Annual Elimination Draw/Dinner Dance on April 17, 1999 at the Boys and
Gids Club.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feran, that the
request be approved. Carried Unanimously.
REPORTS
RA TIFICA TION OF PARKING AND TRAFFIC COMMITTEE ACTIONS
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that the
actions taken on the following matters, at the Parking and Traffic Committee on March 23,
1999:
MW-99-47 - Chairperson, Municipal Parking & Traffic Committee Recommendations -
March 23, 1999 Meeting.
MW-99-31 - Heritage Drive - Parking Review- the report recommends that 10 parking be
restricted on the south side of Heritage Drive from a point 66 metres east of Swayze Drive
to a point 114 metres east of Swayze Drive; 2) that a comer parking restriction be
implemented on the south side of Heritage Drive from empire Place to a point 20 metres
east;
MW-99-22 - Sherwood Road at Nancy Drive - All Way Stop Request. The report
recommends that an all-way stop be installed at the intersection of Sherwood Road at
Nancy Drive;
MW-99-24 - Booth Street - Parking Review. The report recommends that parking be
restricted at all times on the west side of Booth Street from Orchard Grove parkway to
Beaverdams Road;
MW-99-29 - Dixon Street/Orchard Avenue - Request for Permit Parking - that I) a
"Residential Pei7iiit Parking" system be implemented for the north side of Dixon Street from
a point 10 metres east of Orchard Avenue to a point 345 metres east of Orchard Avenue;
2) that a "Residential Permit Parking" system be implemented for the east side of Orchard
Avenue between Dixon Street and Dunn Street; 3) that "No Parking" be installed on the
north side of Dixon Street from Orchard Avenue to a point 10 metres east of Orchard
Avenue.
Carried Unanimously.
See By-law No. 99-70
See By-law No. 99-71
Safetj/ Review Meeting
Alderman Kim Creitor provided information on the Safety Review- Dorchester Road
from Lundy's Lane to Thorold Stone Road matter and advised that the meeting would be
held at the Optimist Club on Wednesday, April 14, 1999 at 7:00 p.m. to present safety
concerns and the solutions recommended.
CS-99-04 - Chief Administrative Officer - Re: Chippawa Boat Dock. The report
recommends that the information contained in the report be received and filed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that the
project be endorsed and that a report be brought back at the end of summer. Carried
Unanimously.
- AND -
Communication No. 91 from the Chippawa Business Improvement Area. The
communication requests that Council approve the appointment of the following individuals
elected to the Board of Management for the Chippawa BIA: Victor Ferraiuolo, Chairman;
Gino DiCarlo, Vice-Chair, Tessi Koutsogiannopoulos, Secretary; Dave Barnes, Treasurer,'
and Jane Sujer, Director.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderii~an Craitor, that
Council approve the appointment of the Officers to the Board of Management for the
Chippawa BIA. Carried Unanimously.
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrengelo, seconded by AIdei~iian Cummings, that
the following actions taken on the following matters, in Community Services Committee,
earlier this evening be approved:
1. Adoption of Community Services Committee Minutes of March 22, 1999;
IllIll II [
R-99-20 - Max Brigade Control Line Model Flying Club Agreement for Use of
Crow/and Park - that the extension of the Agreement between the City and the Max
Brigade Control Line Flying Club for the use of Crow/and Park be approved;
R-99-23 - We/come Sign at QEW/Mountain Road - that the installation of the
"Welcome to Niagara Falls" Highway sign, designed by Signature Signs Limited for
the Total amount of $30,000. O0 be approved - Alderman Puttick opposed;
MW-99-48 - Neighbourhood Speed Watch Program - that the information on the
Neighbourhood Speed Watch Program be received and filed and that the City
continue to support the use of Speed Warning Boards;
F-99-16 - Municipal Accounts - that the Municipal Accounts totalling $7,348, 549. O0
for the period ending April 12, 1999 be approved- Aldermen Campbell, Mchalczyk
and Pietrangelo abstaining from the vote on conflicts of interest;
Information/tem
Correspondence from the Ministry of Transportation - Re: Highway 420 Pavement
and Structure Rehabilitation from the QEW to the Rainbow Bridge - that information
received on Highway 420 pavement and structure rehabilitation from the QEW to
the Rainbow Bridge and that a resolution be sent to the Minister of Transportation
requesting a meting be held on this matter with a copy of such resolution to be sent
to MPP Bart Maves.
Alderman Puttick referred to the We/come to Niagara Falls sign and expressed
concems with respect to the matter being poorly handled; costs not property researched;
the location of the sign and the tendering process. The Executive Director of Community
Services provided clarification on the concerns expressed.
The motion Canfed with Alderman Puttick voting contrary to the motion regarding the
"Welcome to Niagara Falls" Highway sign; and Aldermen Campbell, Michalczyk and
Pietrangelo abstaining from the vote on Report F-99-16 on conflicts of interest previously
noted and with all others voting in favour.
See By-law No. 99-75
See By-law No. 99-80
MW-99-49 - Chief Administrative Officer- Re: Dedication of Part of Fraser Street as
a Public Highway. The report recommends that the portion of Fraser Street highlighted
on the attached plan be dedicated as public highway.
ORDERED on the motion of AIde~ian Volpatti, seconded by Alderman Feren, that the
report be received and adopted. Canfed Unanimously.
See By-law No. 99-74
R-99-18 - Chief Administrative Officer- Re: Niagara Falls Armoury. The report
recommends that Council direct staff to explore every avenue possible, with the Federal
Govemment and various Community Groups, to ensure that the Armoury be maintained
as a Community Facility.
Following some discussion, it was ORDERED on the motion of Alderman
Cummings, seconded by Alde~iiian Fisher, that the report be received and filed at this time.
The motion Canfed with Alderman Campbell abstaining from the vote on a conflict of
interest because he resides in the area and with all others voting in favour.
R-99-22 - Chair, New Millennium Committee - Re: New Millennium Committee
Proposed Clock. The report recommends that Council support the New Millennium
Committee's investigation of a Clock at Optimist Park, and proceed with a Request for
Proposal from local design companies.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
RA TIFICA TION OF ENVIRONMENTAL PLANNING & GREENING COMMITTEE
ACTIONS
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that
the actions taken by the Environmental Planning and Greening Committee, on March 31,
1999 be approved:
R-99-21 - Chair, Environmental Planning and Greening Committee - Re: Actions
Stemming from the Environmental Planning and Greening Committee Meeting of
March 31, 1999. The report recommends that Council endorse the actions of the March
31't, 1999 Meeting of the Environmental Planning and Greening Committee.
Carried Unanimously.
R-99-26 - Chief Administrative Officer- Re: Quote #22-99, Kubota Tractor. The report
recommends that Quote #22-99 for the Kubota Tractor be awarded to the low bidder Ben
Berg Farm & Industrial Equipment in the amount of $19,379.33 (including applicable taxes)
ORDERED on the motion of AIdei~iian Cummings, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
CD-99-12- Chief Administrative Officer- Re: Enbridge Consumers Gas - Franchise
Agreement. The report recommends the following:
That Enbridge Consumers Gas be advised that the City of Niagara Falls is not
prepared to renew the Franchise Agreement in accordance with the existing
Standard Form Franchise Agreement.
2. That staff be authorized to attend at any proceeding to defend the position of the
City.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
L-99-27 - Chief Administrative Officer - City Conveyance to The Regional Municipality
of Niagara; Blocks K, L & M on Plan M-91; South Side of Thorold Stone Road. The
report recommends the following:
1. That Blocks K. L. and M on registered Plan No. M-91 be declared surplus;
That Blocks K. L. and M on registered Plan No. M-91 be conveyed to The Regional
Municipality of Niagara, for nominal consideration;
3. That Council dispenses with the requirement to give notice to the public by
advertisement of disposal of the subject land to the Region.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-76
L-99-30 - Chief Administrative Officer- Re: Establishment of Road Widening as Part
of Bossert Road; Part 2 on Reference Plan No. 59R-10638. The report recommends
that Part 2 on Reference Plan No. 59R-10638 be established as a public highway to be
known as Bossert Road.
ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Michalczyk,
that the report be received and adopted. Carried Unanimously.
See By-law No. 99-77
Illlll II I
10 -
L-99-32 - Chief Administrative Officer- Re: Proposed Wall Sign, Skyline Foxhead
Hotel; 5685 Falls Avenue. The report recommends that Council approve the installation
of a 2,400 square foot waft sign at the above location.
His Worship Mayor Thomson declared a conflict of interest and relinquished the
Chair.
Alderman Ed Michalczyk assumed the Chair.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the
report be received and adopted. Carded Unanimously.
His Worsh~ Mayor Thomson resumed the Cha~
RESOLUTIONS
NO. 17- FEREN - CUMMINGS - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby supports a one-year extension to draft plan approval for the
Muller Industrial Park Plan of Subdivision and that the applicant and Regional Municipality
of Niagara be so informed; conditional upon the applicant maintaining the appropriate
subdivision sign on the property for public information purposes. AND the Seal of the
Corporation be hereto affixed. Carried Unanimously.
NO - f8 - FISHER - FEREN- RESOLVED that the Counc~ of the Corporation of the City
of Niagara Falls hereby supports a one-year extension to draft plan approval for the i)
Williams Subdivision and ii) Williams Subdivision Plan 2 and that the applicant and
Regional Municipality of Niagara be so informed; conditional upon the applicant
maintaining the appropriate subdivision signs on the properties for public information
purposes. AND the Seal of the Corporation be hereto affixed. Carfled Unanimously
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
99-70
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking)
99-71
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Stop Signs at Intersections)
99-72
A by-law to designate the property at 5017 Victoria Avenue, originally known
as the Niagara Falls Carnegie Library, to be of historic and architectural
value and interest.
99-73
A by-law to designate the property at 6145 Cotwin Avenue, known as the
Morden House, to be of historic and architectural value and interesL
99-74
A by-law to establish part of Township Lot 77 in the former Township of
Stamford now in the City of Niagara Falls, as a public highway, to be known
as and to form part of Fraser Street. (Re: MW-99-49)
11
99-75
A by-law to authorize an Agreement, dated March 12, 1999, between Max
Brigade Control Line Model Flying Club and The Corporation of the City of
Niagara Falls for the purpose of licencing part of Crowland Park to operate
its model flying club. (R-99-20)
99-76
A by-law to declare surplus Blocks, K. L and M on registered Plan No. M-91,
and to authorize conveyance of the said lands to the Regional Municipality
of Niagara, for nominal consideration, and that notice to the general public
of the above, be waived.
99-77
A by-law to establish Part 2 on Reference Plan No. 59R-10638, as a public
highway, to be known as and to form part of Bossert Road.
99-78
A by-law to amend By-law No. 79-200, as amended.(Re: Ellen Avenue and
Ferry St., AM-04/99)
99-79
A by-law to amend By-law No. 79-200, as amended. (Re: AM-7/99, Donald
May)
99-80
A by-law to authorize monies for General Purposes (April 12, 1999)
99-81 A by-law to authorize the execution of a Mutual Release with Barn/Cameron
with respect to Action No. 97-CV-134140CM in which Peninsula
Maintenance Ltd. was the Plaintiff and the Corporation of the City of Niagara
Falls and Barry Cameron were Defendants.
The motion Carried with Aldermen Craitor, Michalczyk and Pietrangelo abstaining from the
vote on by-law No. 99-80 on conflicts of interest previously noted and with a~ others voting
in favour.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Pietrangelo, that
the following by-laws be now read a second and third time:
99-70
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking)
99-71
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Stop Signs at Intersections)
99-72
A by-law to designate the property at 5017 Victoria Avenue, originally known
as the Niagara Falls Carnegie Library, to be of historic and architectural
value and interest.
99-73
A by-law to designate the property at 6145 Corwin Avenue, known as the
Morden House, to be of historic and architectural value and interest.
99-74
A by-law to establish part of Township Lot 77 in the former Township of
Stamford now in the City of Niagara Falls, as a public highway, to be known
as and to form part of Fraser Street. (Re: MW-99-49)
99-75
A by-law to authorize an Agreement, dated March 12, 1999, between Max
Brigade Control Line Mode/Flying Club and The Corporation of the City of
Niagara Falls for the purpose of licencing part of Crow/and Park to operate
its model flying club. (R-99-20)
99-76
A by-law to dec/are surplus Blocks, K. L and M on registered Plan No. M-91,
and to authorize conveyance of the said lands to the Regional Municipality
of Niagara, for nominal consideration, and that notice to the general public
of the above, be waived.
IIIIII II
12 -
99-77
A by-law to establish Part 2 on Reference Plan No. 59R-10638, as a public
highway, to be known as and to fof~ part of Bossert Road.
99-78
A by-law to amend By-law No. 79-200, as amended.(Re: Ellen Avenue and
Ferry St., AM-04/99)
99-79
A by-law to amend By-law No. 79-200, as amended. (Re: AM-7/99, Donald
May)
99-80
A by-law to authorize monies for Genera/Purposes (April 12, 1999)
99-81 A by-law to authorize the execution of a Mutual Release with Barry Cameron
with respect to Action No. 97-CV-134140CM in which Peninsula
Maintenance Ltd. was the Plaintiff and the Corporation of the City of Niagara
Falls and Barry Cameron were Defendants.
The motion Carried with Aldermen Craitor, Michalczyk and Pietrangelo abstaining from the
vote on by-law No. 99-80 on conflicts of interast previously noted and with all others voting
in favour.
NEW BUSINESS
Letters of Condolence
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
a letter of condolence be forwarded to the family of the late Miriam "Mimsie' Helen
Bohannon. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Feren, that a
letterof condolence be forwarded to the family of the late Harry (Happy) Melesh. Carried
Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Feran, that a
letter of condolence be forwarded to Premier Mike Harris and his family on the racent loss
of his father, Carried Unanimously,
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that a
letter of condolence be forwarded to the family of the late Ruth Redmond. Carried
Unanimously.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Campbell, that a
letter of condolence be forwarded to the family of the late Wilfrad Edwin Dewar. Carried
Unanimously.
General Motors Layoff Notices
ORDERED on the motion of Alderman Cummings, seconded by Alderman Michalczyk, that
a letterbe forwarded to the General Motors unit, Local Union 199 in support oftheirefforts.
Carried Unanimously.
Millennium Funding
Alderman Wayne Campbell advised that the City has received approximately
$170, 000 toward the establishment of jogging trails and bike trails along the Hydro canal.
13 -
Length of Trains in the City
Alderman Wayne Campbell expressed concerns with respect to the removal of
tracks at the top of Clifton Hill and the increase in the number of trains in other areas of the
City; and of complications that could occur.
Street Lighting
Alderman Kim Craitor referred to concerns expressed regarding maintenance of
streetlights and the level of Service that was being provided, The Executive Director of
Community Services provided information on the procedure that is to be followed with
respect to the response time to deal with streetlight maintenance.
Alderman Victor Pietrangelo referred to the new subdivision at Kalar and Mountain
Roads and the lack of street lighting in the area; he requested that the matter be referred
to staff for further investigation.
Posting of signs on Hydro Poles
Alderman Kim Craitor expressed concerns with respect to individuals posting
various signs on Hydro and Telephone Poles and requested further information on the
matter. The City Solicitor provided clarification with respect to the matter.
Oneida Closure
Alderman Ed Michalczyk expressed his concerns on the recent announcement of
the Oneida closure.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
Illill II [
TWELFTH MEETING
COMMITTEE-OF-THE WHOLE
Committee Room #2
April 19, 1999
Council met on Monday, April 19, 1999 at 6:30 p.m. in Committee-of-the-
Whole. A~ members of Council, with the exception of Alderman Orr, who was away due
to illness, were present. Alderman Wayne Campbell presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
REGULAR MEETING
Counc~ Chambers
April 19, 1999
Council met on Monday, April 19, 1999 at 7:00 p.m. for the purpose of considering
Regular Business matters. All members of Council, with the exception of Alderman Orr,
who was way due to illness, were present. Alderman Selina Volpatti offered the Opening
Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by AIderman Feren, that the
Minutes of April 12, 1999 be adopted as printed. Carded Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Craitor indicated a pecuniary interest on Report F-99-17, Cheque No.
244167 because a memberof his family is employed by the Region.
MA YOR'S REPORTS. ANNOUNCEMENTS, REMARKS
His Worship Mayor Thomson responded to a recent newspaper article relating to
M.P.P. Bart Maves' comments on municipalities and of the Region being incapable of
managing their finances and of his pursuit of a Pdvate Members Bill to have the Provincial
Auditor responsible for looking at municipalities' financial situations.
'811111 If [
Following some discussion, it was ORDERED on the motion of Alderman
Cummings, seconded by AIderman Campbell, that Mr. Bart Maves, M.P.P. be invited to
attend the next meeting of Council, scheduled for April 26, 1999 to clarify and discuss the
Bill and his comments on the matter. Carried Unanimously.
PRESENTATIONS
Niagara Falls Horticultural Society
Judy Leavere, President; Bertha Virgin, Secretary-Treasurer; and Eloise
Schumacher, Chair of Project 2000, Niagara Falls Horticulturel Society presented the
Firet Certificate for the City of Niagare Falls Rose "Rainbow Niagare" to Mayor Thomson.
His Worship Mayor Thomson presented a token of appreciation to Eloise
Schumacher for all her efforts in this regard.
Following some discussion, it was ORDERED on the motion of Alderman Fisher,
seconded by Aldem~an Volpatti, that "Rainbow Niagara" be declared the First Official Rose
of Niagara Falls. Carried Unanimously.
Friends of the Environment
Jeff Quinton, Canada Trust Bank presented a cheque in the amount of $10,000
to Mayor Thomson on behalf of the Friends of the Environment towards the development
of recreational trails in the City.
Aldemian Campbell provided a sketch outlining the proposed recreational trails in
the City.
DEPUTATIONS
The Salvation Army Red Shield Campaign
Captain Stan Carr, Corps Officer, Niagara Falls provided information on The
Salvation Army's 1999 Red Shield Campaign and of their door to door canvass
commencing May 3, 1999. He thanked Council and the community for their support.
ORDERED on the motion of AIdemian Fisher, seconded by AIderman Volpatti, that Council
supports and endorses the 1999 Red Shield Campaign. Canfed Unanimously.
Day of Mourning
James Whyte, President, Niagara Falls and District Labour Council provided
fatality figures and statistics of workers that had been killed or injured in the workplace;
advised that a Memorial Service would be held at F.H. Leslie Park on April 28, 1999 at 2:30
p.m., and requested that the flags be lowered at City Hail on April 28, 1999 in
remembrance of the "Day of Mourning".
ORDERED on the motion of Alderman Creitor, seconded by Alderman Janvary, that April
28, 1999 be proclaimed "Day of Mourning". Carried Unanimously.
Heart & Stroke Foundation of Ontario
Aneta Cowan, Niagara Special Events Co-ordinator, invited members of Council
to participate in the 1999 Heart and Stroke Foundation "Big Bike for Stroke City Council
Challenge Cup" event being held on May 13 - May 14, 1999.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Feren, that
Aldermen Pietrangelo and Campbell be appointed as Co-Chairs of the Big Bike for Stroke
Niagara Falls City Council Challenge. Carded Unanimously.
COMMUNICATIONS
Communication No. 92 Ontario Water Works Association - Re: Proclamation.
The communication requests that Council proclaim May 2 - 8, 1999 as "Drinking Water
Awareness Week".
ORDERED on the motion of Alde~ii~an Cummings, seconded by AldeiTi~an Michalczyk, that
the request be supported. Carded Unanimously.
Communication No. 93 -The Corporation of the County of Prince Edward - Re:
Government's Plan to expand and improve the Blue Box Program and increase
waste diversion in the Province. The communication requests that Council support a
resolution petitioning that the Province of Ontario reconsider the initiative to enlist the
voluntary financial support of the material generating industries and introduce a provincial
funding formula that is fair and equitable for all participating municipalities.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that the
request be supported. Carded Unanimously.
Communication No. 94 - Canadian Mental Health Association - Re: Proclamation. The
communication requests that Council proclaim the week of May 3 to May 9, 1999 as
"Mental Health Week" in the City of Niagara Falls.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
request be supported. Carded Unanimously.
REPORTS
MW-99-52 - Chief Administrative Officer- Re: Contract No. 99-181-97, Contract for
the Supply and Installation of Residential Water Meters. The report recommends that
the low tender for proximity read meters submitted by Schlumberger Resource
Management Setvices be accepted and the by-law be passed.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Campbell, that
the report be received and adopted. Carded Unanimously.
See By-law No. 99-88
MW-99-53 - Chief Administrative Officer- Re: Residential Water Metering; Water
Efficiency Program. The report recommends that Council concur with the direction
contained within this report.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that the
report be received and adopted. Carded Unanimously.
MW-99-54 - Chief Administrative Officer- Re: Contract 99-84, 1999 Asphalt Patching.
The report recommends that the unit prices submitted by the low tenderer, Economy
Paving Co. Ltd. Be accepted and the by-law be passed.
ORDERED on the motion of Alderman Feren, seconded by Alders,an Michalczyk , that the
report be received and adopted. Carded Unanimously.
See by-law No. 99-86
~llillk I[
MW-99-55 - Chief Administrative Officer- Re: Public Information Session & Open
House for Glamis Crescent; Strathmore Crescent and part of Royal Manor Drive. The
report recommends that the information contained in 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.
MW-99-56 - Chief Administrative Officer- Re: Public Information Session & Open
House for Huron Street; Morrison Street; and Erie Avenue. The report recommends
that the information contained in this report be received and filed.
ORDERED on the motion of Alderman Feren, seconded by AIderr,an Creitor, that the
report be received and filed. Carried Unanimously.
MW-99-57 - Chief Administrative Officer- Re: Tender NP-Of-99; Supply of Bituminous
Patching Materials and Asphalt Emulsions. The report recommends that the tender for
the supply of materials as listed below, be awarded as outlined on the attached summary
sheeL
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
MW-99-58 - Chief Administrative Officer - Re: Tender NP-02-99; For the Supply of
Ready Mix Concrete. The report recommends that the supply of ready mix concrete be
awarded to Ferma Niagara Ready Mix Ltd., 5980 Don Mufie Street, Niagara Falls, Ontario.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carded Unanimously.
MW-99-59 - Chief Administrative Officer - Re: New HVAC System Recreation
Commission Building; 7565 Lundy's Lane. The report recommends that McAndrews
Air Limited be awarded Proposal Cal 1~8-99-New HVAC System for the Recreation
Commission Building; 7565 L undy' s Lane, for the sum of $27,071. O0 including G S T.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carded Unanimously.
R-99-24 - Chief Administrative Officer - Re: Tender TR-3-99 for the Supply and
Installation of Creative Playspace Equipment at Fern Park. The report recommends
the following:
That Tender TR-3-99 for the Supply and Installation of Creative Playspace
Equipment at Fem Park, be awarded to the low tenderer, Little Tykes Commercial
Play Systems (Canada) Inc., at the tendered cost of $20,483. 15;
2. That the by-law appearing later on this evening's agenda, authorizing an Agreement
with the City and Little Tykes Commercial Play Systems (Canada) Inc., be
approved.
ORDERED on the motion of Alderman Feren, seconded by Alderman Janvary, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-85
R-99-25 - Chief Administrative Officer- Re: 1999 Parks and Athletic Fields
Schedules. The report recommends that the Schedules for Special Events and Regular
Use of Parks, Athletic Fields, and School Grounds, be approved by City Council.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the report be received and adopted. Carried Unanimously.
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
actions taken by the Corporate Services Committee, eadier this evening be approved:
I. Adoption of the Minutes of March 29, 1999 Corporate Setvices Committee Meeting;
Report IS-99-03 - Corporate Computer Purchase - that the tender for the supply of
computer equipment be split between the two tenders submitted by H & I Services
and Software First; H & I Services to supply 62 of the computers, as their bid was
the lowest for these configurations, and Software First to supply 6 of the computers
as their bid was the lowest for 5 of these configurations;
Report F-99-17 - Municipal Accounts - that the Municipal Accounts totalling
$442,866.64 for the period ending April 19, 1999 be approved;
4. Report F-99-18 - First Quarter Update - that the report be received for information;
Report F-99-19 - Major Receivables Quarterly Report - that the report be received
for information;
Report CD-99-13 - Reduction and Refund of Taxes Section 443 of the Municipal Act
- that a reduction and refund of taxes under Section 443 of the Municipal Act be
approved for various properties in the total amount of $238.06 for the year 1995;
$11,604.31 for the year 1996; and $7,259.27 for the year 1997;
Niagara Film Festival - Request for Services - that the City provide services in kind
to the Niagara Film Festival for lot grading;
=
Canadian Cancer Charity Even - Request for Sponsorship in the amount of $300. O0
- that an amount of $300. O0 be approved for the Canadian Cancer Society Fashion
Show and Dinner event;
Dog Licence Refund - that the $5.00 refund for Dog Licences purchased at the full
rate before the discount extension was approved, be processed by the City and
these payments be accrued for future adjustment with the Humane Society;
In Camera Session:
I. Approval of the tax arrears proposal presented to the Committee.
The motion Carried with Aidelysian Craitor abstaining from the vote on Report F-99-17 on
conflicts of interest previously noted and with all others voting in favour.
See By-law No. 99-89
RA TIFICA TION OF COMMITTEE-OF- THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Michalczyk, that
the actions taken by the Committee-of-the-Whole, earlier this evening be approved:
1. Appointment of Edward Dujlo vic as Director of Municipal Works;
That the City enter into an agreement with Country Village Heights Ltd., to purchase
10 acres of land for park purposes at a purchase price of $35,000 per acre;
That the Corporation of the City of Niagara Falls enter into a confidentiality
agreement between the Ontario Casino Corp., and Canadian Pacific Railway.
Carried
See By-law No. 99-90
CD-99-f4 - Chief Administrative Officer - Re: Development Charges. The report
recommends that Council set Wednesday, May 26, 1999 at 4:00 p.m., as a Special Council
Meeting for the purpose of holding the required Public Meeting under the Development
Charges Act.
;I.ll II [
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Aldemian Pietrengelo, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
99-82
A by-law to authorize the execution of a Full and Final Release in respect to
Minutes of Settlement with Margaret Mingle, 942287 Ontario Limited and
Samuel J. Mingle.
99-83
A by-law to authorize the execution of an agreement with Signature Signs
Limited respecting the supply and installation of the "Welcome to Niagara
Falls" Highway sign at Q.E W. and Mountain Road.
99-84
A by-law to amend By-law No. 79-200, as amended. (Re: 6909 McLeod
Road, AM-48/98)
99-85
A by-law to authorize the execution of an ag'eement with Little Tikes
Commercial Play Systems (Canada) respecting the supply and installation
of Creative Playspace Equipment at Fern Park.
99-86
A by-law to authorize the execution of an agreement with Economy Paving
Company (St. Catharines) Limited respecting the 1999 Asphalt Patching -
City Wide.
99-87
A by-law to authorize the acceptance of an Offer to Sell property described
as approximately 9.6 acres, being part of Lot 164, in the former Township of
Stamford, now in the City of Niagara Falls, in the Regional Municipality of
Niagara.
99-88
A by-law to authorize the execution of an agreement with Schlumberger
Canada Limited respecting the supply and installation of residential water
meters.
99-89
A by-law to authorize monies for General Purposes (April 19, 1999).
99-90 A by-law to authorize the execution of a Confidentiality Agreement with
Ontario Casino Corporation and the Canadian Pacific Railway Company.
The motion Carded with Alderman Craitor abstaining from the vote on By-law No. 99-89
on a conflict of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
the following by-laws be now read a second and third time:
99-82
A by-law to authorize the execution of a Full and Final Release in respect to
Minutes of Settlement with Margaret Mingle, 942287 Ontario Limited and
Samuel J. Mingle.
99-83
A by-law to authorize the execution of an agreement with Signature Signs
Limited respecting the supply and installation of the "Welcome to Niagara
Falls" Highway sign at Q.E. W and Mountain Road.
99-84
A by-law to amend By-law No. 79-200, as amended. (Re: 6909 McLeod
Road, AM-48/98)
99-85
A by-law to authorize the execution of an agreement with Little Tikes
Commercial Play Systems (Canada) respecting the supply and installation
of Creative Playspace Equipment at Fem Park.
99-86
A by-law to authorize the execution of an agreement with Economy Paving
Company (St. Catharines) Limited respecting the 1999 Asphalt Patching -
City Wide.
99-87
A by-law to authorize the acceptance of an Offer to Sell property described
as approximately 9.6 acres, being part of Lot 164, in the former Township of
Stamford, now in the City of Niagara Falls, in the Regional Municipality of
Niagara.
99-88
99-89
A by-law to authorize the execution of an agreement with Schlumberger
Canada Limited respecting the supply and installation of residential water
meters.
A by-law to authorize monies for General Purposes (April 19, 1999).
99-90 A by-law to authorize the execution of a Confidentiality Agreement with
Ontario Casino Corporation and the Canadian Pacific Railway Company.
The motion Carried with Alderman Craitor abstaining from the vote on By-law No. 99-89
on a conflict of interest previously noted and with all others voting in favour.
NEW BUSINESS
Placement of Green Postal Boxes
Alderman Pat Cummings referred to the placement of green postal boxes on a
residenrs property. He was advised by the Mayor that the matter was being dealt with.
A~eviation of Entertainment Tax
Alderman Norm Puttick referred to the financial difficulties of the Ottawa Senators
Hockey team in Ottawa and of comments made respecting the alleviation of the
entertainment tax
Following some discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by AldeRiian Campbell, that a letter be forwarded to the Provincial and Federal
govemments requesting that if consideration is given to the alleviation of the entertainment
tax for the Ottawa Senators Hockey team, that it be made available to all entertainment
businesses and municipalities. Carded Unanimously.
Escalation of Gaso~ne Prices
Alderman Norm Puttick referred to the escalation of gasoline prices and requested
that a follow-up letter be forwarded to the Premier and the Provincial Treasurer requesting
what has been done regarding the escalation of gasoline prices.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that a
follow-up letter be forwarded to the Premier and Provincial Treasurer, requesting what has
been done with respect to the escalating gasoline prices. Carded Unanimously.
ill,lill! II [
Safety Review Meeting
Alderman Kim Craitor provided an update on the Safety Review meeting that had
been held on April 14, 1999 regarding Dorchester Road from Lundy's Lane to Thorold
Stone Road.
Posting of Signs on Telephone and Hydro Poles
Alderman Kim Craitor spoke to the posting of signs on telephone and hydro poles.
He thanked and congratulated staff for their efforts in this regard.
Welcome to Niagara
Alde~an Pat Cummings advised that the Ministry was considering changing their
policy with respect to the "Welcome to Niagara Falls Sign".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Michalczyk, that
the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
FOURTEENTH MEETING
COMMITTEE-OF-THE WHOLE
Committee Room #2
May 17, 1999
Council met on Monday, May 17, 1999 at 3:30 p.m. in Committee-of-the-
Whole. All members of Council, were present. Alderman Ed Michalczyk presided as
Chairman.
Following consideration of the items presented, the Committee-of-the-Whole did not
rise to report in open session.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
PLANNING MEETING
Council Chambers
May f7, 1999
Council met on Monday, May 17, 1999 at 4:30 p.m. in a Special Meeting of Council for the
purpose of considering Planning/Regular Business matters. All members of Council, were
presenL Alderman Paisley Janvary offered the Opening Prayer.
A moment of silence in remembrance of AIderrnan Pat Cummings was observed.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
Minutes of April 26, 1999 be adopted as printed. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Aldermen Campbell and Pietrangelo indicated pecuniary interests on Report F-99-
23, Cheque No. 244750 because they are employed by the School Board.
Alderman Campbell indicated a pecuniary interest on Report PD-99-57 because a
member of his family is employed by the applicant.
Alderman Pietrangelo indicated a pecuniary interest on Report F-99-23, Cheque No.
244494 because the recipient is a member of his family.
Alderman Craitor indicated a pecuniary interest on Report F-99-23, Cheque Nos.
M92638, 244646, and 244525, because a member of his family is employed by the Region.
Alderman Feren indicated a pecuniary interest on Report PD-99-54 because he has
a business relationship.
His Worship Mayor Thomson indicated a conflict of interest on Report Nos.
PD-99-57; PD-99-59 and L-99-46.
DEPUTATIONS
Bill 35 - The Energy Competition Act
Mr. Mark Rogers, Solicitor, Gordon & Elliott provided information on Bill 35, The
Energy Competition Act, legislating all municipal electric utilities in Ontario to commemialize
their local electric commissions; he reviewed and requested approval of the following
thirteen recommendations with respect to the restructuring of Niagara Falls Hydro Electric
Commission:
The City shall retain Niagara Falls Hydro and incorporate a successor corporation
under the Ontario Business Corporations Act ("OBCA'~ in order to operate Niagara
Falls Hydro for the beneffi of the citizens of Niagara Falls.
=
Niagara Falls Hydro should be operated on a for profit basis that would provide a
commercial rate of return to the City as sole shareholder.
Niagara Falls Hydro should be operated as a regulated distribution ("wires'~
business and the opportunities to develop a retail business either alone or through
joint ventures or strategic alliances with others should be explored.
To reflect its for-profit orientation, the successor corporation to Niagara Falls Hydro
should be govemed by an independent, commercially oriented Board of Directors.
In Phase 2 of the restructuring review the Transition Team will undertake a detailed
consideration of govemance issues and provide recommendations to Council as to
certain specific matters which will require the approval of the City of Niagara Falls
as shareholder.
The Board of Directors for the new corporation should comprise of a maximum
number of nine Directors as follows:
the Mayor of Niagara Falls as head of Council (thereby providing a bridge
between the other shareholder representatives (e.g. other Councillors) and
the Board);
· one other serving member of Council for the City of Niagara Falls;
a currently serving Commissioner of the Niagara Falls Hydro (for the first
Board only);
the President of HoldCo/WiresCo (thereby providing a bridge between the
day to day operations of the business and the Board);
· up to five "other qualified persons" (discussed below).
Neither the Mayor nor President shall serve as either Board Chair or Vice-Chair.
The Chair and Vice-Chair positions shall only be filled by Board Members other than
the Mayor and President.
The five "other qualified persons" should collectively have skills and knowledge in
a number of areas consistent with and complementary to governing the
business(es) under the Board's stewardship.
The Board of Directors shaft be appointed for a three year term. The term of
directorship of the Mayor and Council/or shall coincide with the term of their
respective elected office.
10.
The preferred slate of possible Board candidates should be determined as soon as
possible and a "shadow Board of Directors" be appointed three to four months prior
to the actual incorporation of the new OBCA company. The "shadow Board" would
become the first official Board of Directors once the new OBCA company is
incorporated.
11.
Board Members should be compensated at a level that is appropriate to the nature
and character of the business and the new corporation. Board members'
compensation should also include per diem meeting stipends, travel expense
reimbursement, and Directors Liability Insurance coverage. The Transition Team
does not anticipate that Directors would receive compensation which exceeds that
offered by comparable public or private corporations.
12.
The Board of Directors should determine what Committees should be created and the
membership thereof.
13.
In Phase 2 of the restructuring review, the Transition Team shall undertake a detailed
consideration of corporate finance and other re-capitalization options and provide
recommendations to Council as to the optimum financing strategies for the new Niagara
Falls Hydro corporation and the impact of those strategies on the City of Niagara Falls as
sole shareholder.
Following the presentation, it was ORDERED on the motion of Alderman Craitor, seconded
by Alderman Fisher, that Council support the 13 recommendations dealing with the restructuring
of Niagara Falls Hydro Electric Commission. Carried Unanimously.
Mayor Thomson thanked Mr. Rogers for his presentation.
PLANNING MATTERS
PD-99-55 - Chief Administrative Officer- Re: Zoning By-law Amendment Application and
Application for Site Plan Approval; AM-9/99 and SPC-12/99, 5930 Victoria Avenue; The Ritz
Motel Limited, Proposed fO-storey hotel. The report recommends the following:
That Council approve the Zoning By-law amendment application and amending by-law for
the proposed l O-storey hotel;
2. That the approval be conditional upon a roof structure being added;
That Council approve the site plan drawings for the current development based on the
conceptual site plan drawings showing accommodation of the Ferry Street extension,
public square, Grand Boulevard and People Mover station as these drawings are
consistent with the vision of the Tourist Area Development Strategy;
That the site plan agreement include terms and conditions committing the owner to future
participation in the development of the Grand Boulevard, Ferry Street extension and Ferry
Street public square and to ensure that parking for the plaza and restaurant are provided
for on the hotel lands;
That the 2% parkland dedication be taken as cash-in-lieu now, then exchanged for a land
dedication when the Ferry Street public square is designed and ready for implementation.
- AND -
Communication No. 100- The Niagara Parks Commission. The communication advises that
prior to approval of the application, the proponent shaft provide drawings showing the proposed
hotel has successfully completed a peer review as outlined in the City of Niagara Falls' proposed
Tourism Official Plan Policies.
- AND -
Communication No. 101- Parks, Recreation & Culture. The communication advises as having
no objection to the zoning by-law amendment application and provides comments on the site plan
application, landscape design.
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 Notice of the Public Meeting had been given in accordance
with the Regulations on April 16, 1999.
His Worship Mayor Thomson received indication that Ms. Italia Gilberti, Solicitor, was in
attendance on behalf of the applicant and received a negative 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.
Mayor Thomson advised that failure to make oral or written submissions at the Council
meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing.
The Planner discussed the subject lands with the assistance of posted sketches and
reviewed the information contained in the Recommendation Report; he advised that Conditions
of approval #2, #4 and #5 were being deleted from the Recommendation Report, at the request
of the applicant, as those conditions are being dealt with, and recommended approval.
There was a negative response to Mayor Thomson's request for comments from persons,
other than the applicant or his agent, in support of the application and a negative response in
opposition to the application.
Ms. Italia Gilberti referred to staffs recommendation report and advised that Conditions
#1 and #3 were the only conditions that had to be considered and requested Council approval
Since there were no further comments forthcoming, His Worship Mayor Thomson declared
the Public Meeting with regard to Application AM-9/99, closed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the report be
received and adopted as amended. Carried Unanimously.
ORDERED on the motion of Alderman Fisher, seconded
correspondence be received and filed. Carried Unanimously.
by Alderman Feren, that the
See By-law No. 99-104
PD-99-54 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-
11/99, 6733 Oakes Drive, Panoramic Hospitality Inc., Proposed f5-storey Hotel. The report
recommends that Council defer the application because of the following:
1. That the application has been changed from that which notice was given;
To allow the time necessary to complete the required review process that includes the peer
review report and preparation of a staff recommendation report.
- AND -
Communication No.
and noise concerns.
'/02 - Loratto Christian Life Centre. The communication expresses traffic
- AND -
Communication No. f03 - The Niagara Parks Commission. The communication advises as
having no objections to this proposal.
- AND -
Communication No. 104- The Regional Municipality of Niagara. The communication advises
as having no objections to the rezoning.
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 Notice of the Public Meeting had been given in accordance
with the Regulations on April 27, 1999.
His Worship Mayor Thomson received indication that Ms. Italia Gilberti, Solicitor, was in
attendance on behalf of the applicant and received a negative 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.
Mayor Thomson advised that failure to make oral or written submissions at the Council
meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing.
The Planner referred to the subject property with the assistance of posted sketches;
reviewed the information contained in the Recommendation Report; stated that the application
was incomplete as to the TAD guidelines with respect to the required architectural peer review
study; the requirement of service setbacks and the wind study report and advised that staff was
therefore recommending deferral the application.
There was a negative response to Mayor Thomson's request for comments from persons,
other than the applicant or his agent, in support of the application and a negative response in
opposition to the application.
- 6 ~
Ms. Italia Gilberti, distributed copies of Communication No. 105 - Joseph T.K. Ha
Engineering Inc. Wind Loading on Fallsview Hotel (Phase II) Study; and Communication No.
106 - Rowan Williams Davies & Irwin Inc., Microclimate Design Review Assessment;
reviewed the Nature of the application; provided a chronological sequence of events and
discussed whether the application should be deferred; requested Council approval of the
application without conditions or reservations; requested that the zoning by-law be prepared and
brought back to Council on May 31, 1999 in order that the applicant can obtain a conditional
building permit to commence footings and foundation construction, indicated that in order for
the proposal to be economically feasible, the hotel must open by June, 2000.
Ms. Gilberti introduced Mr. Piraino, Pireino & Raimondo Architects, who provided
clarification on the purpose of the strategy; the specifics of the design and whether it conforms
to the TADS guidelines.
Since there were no further comments forthcoming, His Worship Mayor Thomson declared
the Public Meeting with regard to Application AM-11/99, closed.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that the
application be approved subject to the Peer Review Study with a report and Zoning By-law
coming back to Council on May 31, 1999. The motion Carried with Aldermen Janvary and Wing
voting contrary to the motion; Alderman Feren abstaining from the vote on a conflict of interest
and with all others voting in favour.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that the
correspondence be received and filed. Carried Unanimously.
PD-99-57 - Chief Administrative Officer- Re: Zoning By-law Amendment Application; AM-
38/98, 656508 Ontario Limited c/o George Yerich; 5200 Robinson Street (Eight Parcels).
The report recommends the following:
1. That Council approve the Zoning By-law Amendment application to permit off-site parking
on the lands under the applicant's control;
2. That Council adopt the related amending by-law appearfng in Council's agenda.
- AND -
Communication No. 107 - The Niagara Parks Commission. The communication advises as
having no objections to the proposal
- AND -
Communication No. 108 - Niagara Peninsula Conservation Authority. The communication
advises as having no objection to the proposal
His Worship Mayor Thomson declared a conflict of interest, and relinquished the Chair.
Alderman Paisley Janvary assumed the Chair.
Acting Mayor Paisley Janvary declared the Public Meeting open and read the procedure
to be followed under the Planning AcL
The City Clerk advised that the Notice of the Public Meeting had been given in accordance
with the Regulations on April 20, 1999.
I I
Acting Mayor Alderman Janvary received indication that Mr. Don May, Planning Use
Consultant, was in attendance on behalf of the applicant and received a positive response to her
request for a show of hands by persons present who were interested in the application. She
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.
Acting Mayor Alderman Janvary advised that failure to make oral or written submissions
at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board
hearing.
The Planner referred to the subject property with the assistance of posted sketches and
reviewed the information contained in the Recommendation Report.
There was a negative response to Acting Mayor Alderman Janvary's request for comments
from persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the applicatfon.
Mr. Don May, Planning Use Consultant, advised that the application was a housekeeping
matter that will provide flexibility and does not reduce the by-law standards. He further advised
that the applicant was in agreement of staffs recommendations and the by-law.
Since there were no further comments forthcoming, Acting Mayor Alderman Janvary
declared the Public Meeting with regard to Application AM-38/98, closed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the report be
received and adopted as amended. The motion Carded with Alderman Campbell abstaining from
the vote on a conflict of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that the
communications be received and adopted. Carried Unanimously.
See By-law No. 99-106
His Worship Mayor Thomson resumed the Chair.
PD-99-58 - Chief Administrative Officer- Re: Application for Site Plan Approval; SPC-10/99,
5234 & 5278 Ferry Street and 5938 and 5946 Clark Street; Proposed Expansion to the
Travelodge Motel The report recommends that Council approve the site plan for a proposed
expansion to the Travelodge Motel
- AND -
Communication No. 108 - The Niagara Parks Commission. The communication advises that
the prior to approval of the application, proponent shaft provide drawings showing that the
proposed hotel has successfully completed a peer review as outlined in the City of Niagara Falls'
proposed Tourism Official Plan Policies.
ORDERED on the motion of Alde~ii~an Feren, seconded by Alderman Pietrangelo, that the report
received and adopted. Carried Unanimously.
PD-99-59 - Chief Administrative Officer- Re: Application for Site Plan Approval; SPC-37/98,
5875 Falls Avenue; Expansion to the Skyline Foxhead Hotel The report recommends that
Council approve the site plan for the expansion to the Skyline Foxhead Hotel.
His Worship Mayor Thomson declared a conflict of interest and relinquished the Chair.
Alderman Wayne Campbell assumed the Chair.
ORDERED on the motion of Aldet~ian Feren, seconded by Alderman Michalczyk, that the report
be received and adopted. Carried Unanimously.
His Worship Mayor Thomson resumed the Chair.
MA YOR'S REPORTS, ANNOUNCEMENTS AND REMARKS
0% Increase in Municipal Budget
His Worship Mayor Thomson advised that there was a 0% increase in the 1999 Municipal
budget.
Letter of Appreciation
His Worship Mayor Thomson complemented the Marloff Hotels for their corporate policy
of encouraging community involvement and expressed appreciation of the employees of the
Mariott Hotel for their participation and community involvement at George Bukator Park.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that a letter of
appreciation be forwarded to the Marriott Hotels for their corporate policy of encouraging
community involvement and further that a letter of appreciation be forwarded to the employees
of the Marriott Hotel for their efforts and community involvement. Carried Unanimously.
COMMUNICATIONS
Communication No. 109 - The United Empire Loyalists, Association of Canada - Re:
Proclamation. The communication requests that Council proclaim the week of June 13th to June
19th, 1999 as "United Empire Loyalist Week"in Niagara Falls.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Orr, that the request be
approved. Carried Unanimously.
Communication No. fro - Recycling Counc~ of Ontario - Re: Waste Reduction Week '99.
The communication requests that Council declare November 1't to November 7th, 1999 as "Waste
Reduction Week" in the City of Niagara Falls.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Feren, that the request
for the declaration be supported. Carried Unanimously.
Communication No. 111 - The Victoria Centre Business Improvement Area. The
communication requests that Council ratify the appointment of the Board of Management to the
Victoria Business Improvement Area and approve the budget.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
appointments be ratified and that the budget be approved. Carried Unanimously.
Communication No. 112 - Niagara Film Festival - Re: Special Location Licence. The
communication requests that Council consider waiving the $150.00 fee for the Specific Location
Daily Sales Licence
ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the
$150.00 fee for the Specific Location Daily Sales Licence be waived. Carried Unanimously.
Communication No. 113- Niagara Falls Ministerial Association - Re: Worship 2000: A
Millennial Service of Worship for the Christian Community of Niagara Falls. The
communication requests that Council consider waiving the rental fee of the Niagara Falls Memorial
Arena for the Millennial Service of Worship being held on Sunday, January 2, 2000.
ORDERED on the motion of AIde~ii~an Janvary, seconded by AIderman Fisher, that the rental fee
of the Niagara Falls Memorial Arena for the Millennial Service of Worship be waived. Canfed
Unanimously.
Communication No. 114 - The Royal Canadian Legion, Branch 396 - Re: Defacing of the
Canadian Flag. The communication asks that Council support a request to the Federal
Govemment in bringing in legislation that any defacing of the Canadian flag be made a criminal
offense.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that the request
be supported. Canfed Unanimously.
Communication No. 115 - The Chamber of Commerce Niagara Falls, Canada - Re: Bill 26,
Municipal Re, structuring. The communication suggests that the Regional Municipality of Niagara
be urged to request the Province of Ontario to appoint a Commissioner to study the issue of
govemance in the Niagara Region, to make recommendations for the implementation and that the
Terms of Reference for the Commission be developed in concert with the Council's of the Region
and the twelve municipalities.
ORDERED on the motion of AIderrnan Puttick, seconded by Alderman Janvary, that the matter
be deferred until the end of June, 1999. Canfed Unanimously.
Communication No. 116 - Main and Ferry Business and Improvement Area - Re: Board of
Management. The communication requests that Council ratify the appointment of the Board of
Management to the Main and Ferry Business Improvement Area and approve the budget.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Michalczyk, that the
appointments of the Board of Management to the Main and Ferry Business Improvement Area be
ratified and that the budget be approved. Carried Unanimously.
Communication No. 117 - Visitor & Convention Bureau - Re: Proclamation. The
communication requests that Council proclaim the week of May 24, 1999 to May 30, 1999 as
"Ontario Tourism Week" in the City of Niagara Falls.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the
request be supported. Canfed Unanimously.
REPORTS
R-99-31 - Chief Administrative Officer- Re: Niagara Falls Badminton Tennis and Lawn
Bowling Club. (NFBTLBC). The report recommends that Council approve the Plan submitted
by Niagara Falls Badminton Tennis and Lawn Bowling Club. (NFBTLBC).
Mr. Gary Turpin, House Chair/Past President, Niagara Falls Badminton Tennis and Lawn
Bowling Club, was in attendance.
ORDERED on the motion of Alderman Janvary, seconded by AIderman Feren, that the report be
received and adopted. Canfed Unanimously.
10-
RA TIFICA TION OF MUNICIPAL PARKING & TRAFFIC COMMITTEE ACTIONS
Chairperson, Municipal Parking & Traffic Committee - Re: Municipal Parking & Traffic
Committee - Committee Recommendations - April 20, 1999 Meeting. The report recommends
the following:
MW-99-44 - Intersection Pedestrian Signal- Proposed Policies and Procedures - that I) the use
of the warrant developed by the Ministry of Transportation of determining the justification of an
Intersection Pedestrian Signal be discontinued; 2) that the Region of Niagara's warrant for the
justification of an Intersection Pedestrian Signal be adopted; and 3) that the attached policy
"Policy and Procedures for the Justification of an Intersection Pedestrian Signal" be adopted;
MW-99-43 - Frances Avenue - Parking Review - that I) "No Stopping Anytime" be implemented
on both sides of Frances Avenue from Harold Street to the south limit of Frances Avenue between
the hours of 8:00 a.m. and 4:30 p.m., Monday to Friday; and 2) that strict and frequent
enforcement be carried out by the Commissionaires;
MW-99-46 - Alpine Drive at Yvette Crescent - Intersection Control Review - that 1) a yield sign not
be installed at the south approach of Alpine Drive at Yvette Crescent; that 2) the Niagara Regional
Pofice be requested to provide strict and frequent enforcement of the 50 km/h speed limit on
Alpine Drive, when manpower exists; ;~
MW-99-50 - Brookfield Avenue at High Street - All Way Stop Request - that an all-way stop not
be installed at the intersection of Brookfield Avenue and High Street.
ORDERED on the motion of Alderman Craitor, seconded by Aldef~i~an Michalczyk, that the
actions taken by the Municipal Parking & Traffic Committee on April 20, 1999, be approved:
Carried Unanimously. ~
See By-law No. 99-103
MW-99-65 - Chief Administrative OfFicer - Re: Contract 99-176-99, Road on Huron Street,
Morrison Street; Ellis Street and Erie Avenue. The report recommends that the unit pdces
submitted by the low tenderer, Provincial Construction (Montrose) I.[d. be accepted and the by-law
be passed. ~
ORDERED on the motion of Alderman Michalczyk,, seconded by Alderman Feren, that the report
be received and adopted. Carded Unanimously.
See By-law No. 99-98
MW-99-66 - Chief Administrative OfFicer - Re: Contract 99-175-,99, Road Reconstruction on
Glamis Crescent; Strathmore Crescent and part of Royal, Manor Drive. The report
recommends that the unit prices submitted by the low tenderer, Volsci Construction Co. Inc. be
accepted and the by-law be passed. :
ORDERED on the motion of Alderman Feren, seconded by AldeRiian Janvary, that the report be
received and adopted. Cartfed Unanimously.
See By-law No. 99-97
MW-99-67 - Chief Administrative Officer- Re: Residential Water Metering - Information
Update. The report recommends that Council receive this report for information.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Pietrangelo, that the
report be received and filed. Carded Unanimously.
MW- 99-68 - Chief Administrative OfFicer- Re: Appointment of Engineer Under the Drainage
Act and Enter into a Consultant Services Agreement with Spriet Associates London
Limited. The report recommends the following:
11 -
To appoint J.R. Spriet, P. Eng., of Spriet Associates London Limited, the Drainage
Engineer for Drainage Course No. 6;
2. To enter into a Consulting Services Agreement for the work required under the Drainage
Act for Drainage Course No. 6 with Spriet Associates London Limited for the estimated
cost of $7,900. 00.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Campbell, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-99
MW-99-69 - Chief Administrative Officer- Re: Sanitary Servicing Plan - Tourist Core. The
report recommends that the City enter into a Consulting Services Agreement with Robert M.
Martin Engineering & Project Management Incorporated at a cost of $37,550. O0 plus G.S. T.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the report be
received and adopted. Canfed Unanimously.
See By-law No. 99-102
MW-99-70 - Chief Admi.m'strative Officer- Re: Storm System Servicing Study and
Environmental Assessmerit Hydro Tunnel Drop Shafts. The report recommends that the City
enter into a Consulting Services Agreement with Philips Planning & Engineering Limited at a cost
of $24,500. O0 plus G.S. T.
ORDERED on the motion of Aldei7i~an Fisher, seconded by Alderman Janvary, that the report be
received and adopted. Ca~ed Unanimously.
See By-law No. 99-101
F-99-23- Chief Administrative Officer- Re: Municipal Accounta. The report recommends that
Counc~ approve the municipal accounts totalling $2,551,784.26 for the period ending May 17,
1999.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that the
report be received and adopted. The motion Canfed with Aldermen Campbell, Craitor and
Pietrangelo abstaining from, the vote on conflicts of interest previously noted and with aft others
voting in favour.
See By-law No. 99-105
F-99-25 - Chief Administrative Officer- Re: Advance Funding to the Downtown Business
Improvement Area. The report recommends that City Council approve an advanced funding in
the amount of $15, 000. O0 to the Downtown Business Improvement Area to enable the BIA Board
to commence with their Spring Beautification Program.
ORDERED on the motion of Aldei~iian Campbell, seconded by Alderman Michalczyk, that the
report be received and adopted. Canfed Unanimously.
CD-99-18- Chief Administrative Officer- Re: Special Occasion Permit, Niagara Film
Festival. 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 Pietrangelo, seconded by Alde~iiian Feren, that the report
be received and adopted. Canfed Unanimously.
L-99-45 - Chief Administrative Officer- Re: Sale of Part of Warner Road to 1203512 Ontario
Limited, Part 9 on Reference Plan 59R-5648. The report recommends that the offer made by
1203512 Ontario Limited to purchase part of Wamer Road, for $9,240.00, be accepted.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that the
report be received and adopted. Canfed Unanimously.
See By-law No. 99-100
12 -
L-99.46 - Chief Administrative Officer- Re: Closing Remainder of Hillside Place and
Canadian Niagara Hotels Inc., Licerice Agreement with the City. The report recommends the
following:
1. That staff be authorized to proceed with the closing of the remainder of Hillside Place;
that the City enter into negotiations with Canadian Niagara Hotels Inc. to licence the
remainder of Hillside Place.
His Worsh~ deckred a conflict of ~rest and relinquished the Cha~
Alderman Wayne Campbell assumed the Chair.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Feren, that the report be
received and adopted. Carried Unanimously.
His Worship Mayor Thomson resumed the Chair.
RESOLUTIONS
NO. f9 - MICHALCZYK - FEREN - BE IT RESOLVED THAT a letter of condolence be
forwarded to the family of the late Alderman Patrick Cummings.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 20 - PIETRANGELO - MICHALCZYK- WHEREAS on May 11, 1998 the Community
Services Committee approved Report MW-98-67 which authorized a proposal by the Olifas
Marketing Group (OMG) to install Info Boxes and Info Bars on City Road Allowances subject to
consultation with the BIA's on location and advertising; AND WHEREAS Council authorized a 10-
year agreement with OMG; AND WHEREAS a proliferation of the Info bars have gone up around
the City; AND WHEREAS the various BIA's have not been consulted on the location and the type
of advertising to appear in the bars resulting in establishments advertising in front of their direct
competition; THEREFORE BE IT RESOLVED that staff be directed to prepare a report
establishing appropriate guidelines for OMG to abide by; FURTHER BE IT RESOLVED that no
further installations be done until Council accepts the Staff report; FINALL Y BE IT RESOLVED
THAT Staff, OMG and the various BIA's meet to establish dialogue and resolve all outstanding
issues.
And The Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO, - 21 - JANVARY- FEREN- WHEREAS the decision to widen Thorold Stone Road on either
side of the Queen Elizabeth Way (Q.E W ) Overpass was to improve the flow of traffic; AND
WHEREAS the current plan doe not include a left-hand rum from Thorold Stone Road onto Rolling
Acres Drive which impedes the flow of traffic; AND WHEREAS Thorold Stone Road is extremely
busy roadway and that the absence of a left-hand turn onto Rolling Acres Drive could result in
considerable traffic jams and mishaps; BE IT THEREFORE RESOLVED THAT the Corporation
of the City of Niagara Falls hereby requests that the current plan be revised to include a left-hand
tum from Thorold Stone Road to Rolling acres Drive, in order that traffic flow is expedited.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
13 -
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, that leave
be granted to introduce the following by-laws and the by-laws be read a first time:
99-97
A by-law to authorize the execution of an agreement with Volsci Construction Co.
Inc. respecting read reconstruction on Glamis Crescent, Strathmore Crescent and
part of Royal Manor Drive. (Re: Report MW-99-66)
99-98
A by-law to authorize the execution of an agreement with Provincial Construction
(Montrose) Ltd., respecting road reconstruction on Huron Street, Morrison Street,
El/is Street and Erie Avenue. (Re; Report MW-99-65)
99-99
A by-law to authorize the execution of an agreement with Spriet Associates London
Limited respecting the Drainage Course No. 6. (Re: Report MW-99-68)
99-100
A by-law to authorize the acceptance of an offer made by 1203512 Ontario Limited
to purchase part of Wamer Road, designated as Part 9 on Reference Plan No. 59R-
5648, for $9,240.00. (Re: Report L-99-45)
99-101
A by-law to authorize the execution of an agreement with Philips Planning &
Engineering Limited respecting Storm System Servicing and Environmental
Assessment Hydro Tunnel Drop Shafts. (Re: Report MW-99-70)
99-102
A by-law to authorize the execution of an agreement with Robert M. Martin
Engineering & Project Management Inc. respecting sanitary servicing plan in the
Tourist Core.
99-103
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads (Parking)
99-104
A by-law to amend By-law No. 79-200, as amended.( Re: AM-09/99, 5930 Victoria
Avenue, The Ritz Motel Limited)
99-105 A by-law to authorize monies for General Purposes (May 17, 1999)
99-106 A by-law to amend By-law No. 79-200, as amended. (Skyline Parking)
The motion Carried with Aldermen Campbell, Craitor and Pietrangelo abstaining from the vote on
By-law No. 99-105 on conflicts of interest previously noted; Alderman Campbell abstaining from
the vote on By-law No. 99-106 on a conflict of interest previously noted and with all others voting
in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Puttick, that ;the
following by-laws be now read a second and third time:
99-97
A by-law to authorize the execution of an agreement with Volsci Construction Co.
Inc. respecting road reconstruction on Glamis Crescent, Strathmore Crescent and
part of Royal Manor Drive. (Re: Report MW-99-66)
99-98
A by-law to authorize the execution of an agreement with Provincial Construction
(Montrose) Ltd., respecting road reconstruction on Huron Street, Morrison Street,
Ellis Street end Erie Avenue. (Re; Report MW-99-65)
99-99
A by-law to authorize the execution of an agreement with Spriet Associates London
Limited respecting the Drainage Course No. 6. (Re: Report MW-99-68)
14 -
99-100
A by-law to authorize the acceptance of an offer made by 1203512 Ontado Limited
to pumhase part of Wamer Road, designated as Part 9 on Reference Plan No. 59R-
5648, for $9,240.00. (Re: Report L-99-45)
99-101
A by-law to authorize the execution of an agreement with Philips Planning &
Engineering Limited respecting Storm System Servicing and Environmental
Assessment Hydro Tunnel Drop Shafts. (Re: Report MW-99-70)
99-102
A by-law to authorize the execution of an agreement with Robert M. Martin
Engineering & Project Management Inc. respecting sanitary servicing plan in the
Tourist Core.
99-103
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads (Parking)
99-104
A by-law to amend By-law No. 79-200, as amended.( Re: AM-09/99, 5930 Victoria
Avenue, The Ritz Motel Limited)
99-105 A by-law to authorize monies for Genera/Purposes (May 17, 1999)
99-106 A by-law to amend By-law No. 79-200, as amended. (Skyline Parking)
The motion Carried with Aldermen Campbell, Craitor and Pietrangelo abstaining from the vote on
By-law No. 99-105 on conflicts of interest previously noted; Alderman Campbell abstaining from
the vote on By-law No. 99-106 on a conflict of interest previously noted and with all others voting
in favour.
NEW BUSINESS
Bicycle Fun Day
Alderman Wayne Campbell provided information on the upcoming Bicycle Fun Day and
encouraged everyone to attend.
Left-Hand Turn
ORDERED on the motion of Alderman Janvary, seconded by Alderman Feren, that a resolution
of support be forwarded to the Region regarding the provision of a left-hand turn from Thorold
Stone Road onto Rolling Acres Drive. Carried Unanimously.
See Resolution No. 21
Parking & Traffic Functions
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that a report be
prepared by staff regarding the feasibility of separating the Parking & Traffic functions. Carried
Unanimously.
Ontario Good Roads Association Survey
Alderman Norm Puttick referred to correspondence received from the Ontario Good roads
Association who are undertaking a major project to collect data on the physical condition, system
length and cost to deliver services on municipal roads in Ontarfo and will report their findings to
municipalities as soon as possible.
15 -
ORDERED on the motion of Alderman Puttick, seconded by Aldei?~an Orr, that Council supports
the Ontario Good Roads Association survey and their position on the matter. Ca/Tied
Unanimously.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
FIFTEENTH MEETING
SPECIAL MEETING
Council Chambers
May 26, 1999
Council met on Wednesday, May 26, 1999 at 4:00 p.m. in a Special Meeting of
Council for the purpose of considering a proposed Development Charges By-law. All
members of Council, with the exception of Aldermen Campbell, Pietrangelo and Orr, were
present. His Worship Mayor Thomson presided as Chairman.
Staff.' Chief Administrative Officer, Ed Lustig; Acting City Clerk, Ray Kallio; Sam/offida;
Ken Burden; Adele Kon; Rick Wilson; Mary MotTone and Recording Secretary, Barb Muir.
Also in attendance were: Harry Oakes; Eric Henry; Italia Gilberti and Joe Cuviello.
His Worship Mayor Thomson stated that the purpose of the public meeting was to consider
a Proposed Development Charges By-law.
The Acting City Clerk advised that the Notice of the meeting had been given in accordance
with Section 12 of the Development Charges Act, 1997 by publication in the Niagara Falls Review
on May 1, 1999.
His Worship Mayor Thomson advised that any person wishing further notification of the
passage of the Development Charges By-law should leave their names and addresses with the
Acting City Clerk prior to leaving the meeting.
The Acting City Clerk advised that the meeting was being held to present the City's
proposed development charges by-law and the underlying background study; referred to the
fo~iiiation of an Ad Hoc Committee and of meetings that had been held with residential developers
and the tourist core developers. He indicated that the infrastructure must be in place and that the
Development Charges Act sets out the rules for who pays for roads; water, sanitary sewer, sto~iii
water management and fire protection. He further indicated that due to the recession,
approximately 20% of development charges had been collected by the City due to the phasing-in
process under the old Development Charges By-law. He advised that development charges were
not a tax but a user fee.
The Acting City Clerk introduced Mr. Cam Watson, Economic Consultant, who provided
an overview of the proposed by-law with the assistance of slides; reviewed the Niagara Falls
Development Charges Background study; discussed Residential Development; the Current and
Proposed Changes; Commercial and Institutional Development; Fire Services, Facilities and
Recreation and provided a comparison between Niagara Falls and other municipalities.
There was a negative response to Mayor Thomson's request for questions of Mr. Watson.
Mr. Harry Oakes advised as being in agreement with staffs position, but was of the
opinion that since so much money had been invested in storm sewers in the past, consideration
should be given to some sort of a credit; he expressed concerns respecting the issue of the
accumulation of fees and suggested that the matter be looked into; he also questioned the
development of property and associated development charges.
The Acting City Clerk provided clarification on the matter and advised that the municipality
would not impose additional development charges as Mr. Oakes was not impacting on them.
In response to concems expressed, Mr. Cam Watson was of the opinion that consideration
be given to putting in a section in the proposed draft by-law dealing with replacement fees.
Mr. Joe Cuviello requested information on some property that the developer had not been
required to pay the full development charges on and enquired whether he was obligated to pay
development charges.
Mr. Sam Iodida responded that furl development charges had not been paid on the site
and that a credit would be issued for what the previous developer had paid, and that new
development charges would now apply.
During the discussion, it was noted that Council was not under any obligation to charge any
development charges, but that Council would be setting a standard in the policy and proceeding
with that standard,
His Worship Mayor Thomson advised that there would be a Special meeting of Council on
July 12, 1999 to discuss the matter.
Since there were no further comments forthcoming, His Worship Mayor Thomson declared
the Public Meeting with regard to the Development Charges By-law closed.
READ AND ADOPTED,
SIXTEENTH MEETING
COMMITTEE-OF- THE WHOLE
Committee Room #2
May 31, 1999
Council met on Monday, May 31, 1999 at 6:30 p.m. in Committee-of-the-Whole.
All members of Council, with the exception of Alderman Craitor, were present. His Mayor
Thomson presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
REGULAR MEETING
Council Chambers
May 31, 1999
Council met on Monday, May 31, 1999 at 7:00 p.m. in for the purpose of considerfng
Regular Business matters. All members of Council, were present. Alderman Ken Feren
offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that
the Minutes of the Special Meeting of May 17, 1999 be adopted as printed. Carfled
Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Craitor indicated a pecuniary interest on Report F-99-31, Cheque Nos.
245052, M92665; 244845; M92651 and 244930 because a member of his family is
employed by the Region.
Alderman Feren indicated a pecuniary interest on Report Nos. L-99-39, L-99-40 and
L-99-41 because he has a business interest.
Alderman Fisher indicated a pecuniary interest on Report F-99-31, Cheque Nos.
244880 and 244881.
Alderman Wing indicated a pecuniary interest on By-law No. 99-109 and on
Correspondence to the Frfends of Lundy's Lane Battlefield as she is the Officer of the
Foundation.
PRESENTA~ONS
His Worship Mayor Thomson congratulated and presented a token of appreciation
to Crystal Bessey, Michael Cosby and Lynn Marie MacLean, three Special Olympics
athletes, for their accomplishments at Provincial and National Special Olympics Bowling
Championships; also in attendance was Joe Ricci, Spring Games and Team Manager
in Special Olympics.
DEPUTA~ONS
Niagara Falls Red Cross
Ms. Renate Martin, Niagara Falls Red Cross provided information on and invited
members of Council and the community to the upcoming Ferguson Jenkins Annual Charity
Golf Classic being held at the Links of Rockway Glen on September 17, 1999 with the
proceeds from the event going to the Red Cross branches from Hamilton to Fort Erie.
Ms. Martin thanked Mayor Thomson and Council for their support.
C.A.W. Local 199
Mr. Wayne Gates, President, and Gary Martin, Vice President, Local 199,
C.A.W., discussed the scheduled loss of 1, lOO jobs at General Motors, St. Catharines
facility; presented a video on C.A.W Local 199's commitment to the community; and
requested that Council endorse a resolution to join with CAW Local 199, the area M.P. 's
and M.P.P.'s in an effort to make the best case possible to convince General Motors to
make a renewed contribution to the economic well-being of irs st. Catharines workforce
and the Niagara Region and that a meeting be scheduled with General Motors, the
Mayors, M.P's, M.P.P.'s, Regional Chair and Regional Councillors, and the C.A.W. to
discuss future commitment for jobs in SL Catharines and Niagara Region.
Following the presentation, it was ORDERED on the motion of Alderman Craitor,
seconded by Alderman Puttick, that the resolution be supported. Carried Unanimously.
PUBLIC MEETING
Report L-99-48 - Chief Administrative Officer- Re: Control of Cats. The report
recommends that the attached draft by-law be passed to control cats and further, that the
City purchase traps for the humane trapping of stray cats and make these traps available
to homeowners for nominal consideration.
- AND -
By-law to prohibit cats from being at large within the City of Niagara Falls.
His Worship Mayor Thomson advised that the purpose of the meeting was to
consider the passing of the by-law to control cats and received indication that Ms. Cheryl
Evans and Mrs. Francis Corfield wished to address Council.
Cheryl Evans, was of the opinion that a majority of cat owners were being
penalized due to irresponsible cat owners who did not take care of their cats; she also
discussed the issue of leashing of cats and the number of cats permitted in a household
and requested Council reconsideration on the matter.
The City Solicitor advised that the by-law applied only to the urban boundaries of
the City of Niagara Falls and indicated that it would only be an offence if a cat caused
damage to the property and if there is a complaint.
Mrs. Francis Codield, expressed concems regarding cats trespassing; requested
the method of deteiiiiining the culprit cat and requested that the by-law be tabled and that
any cat issues be negotiated between the effected neighbouts.
Mr. David Devine, 4468 Queensway Gardens, stated that the by-law would cause
a financial burden on the effected cat owners.
Mrs. Shirley Matula, expressed concerns regarding the number of cats her
neighbour keeps and of irresponsible cat owners who permit their cats to run at large.
Ms. Sharon Stewart, 3194 Portage Road, suggested that cat concems and
complaints should be a civil matter between disputing neighbours.
Ms. Diane MacVicar, 6293 Skinner Street, requested clarification and information
as to the requirements of the new by-law.
The City Solicitor provided information with respect to the impounding of cats
procedure and advised that cats would not be required to be put on a leash.
His Worship Mayor Thomson received a negative response to his request for further
comments from persons who were interested in the matter.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Orr, that the by-
law be approved and implemented through the Humane Society, along with a six-month
review following implementation. The motion Carried with Alderman Fisher voting contrary
to the motion and with all others voting in favour.
COMMUNICATIONS
Communication No. 118 - CAA, Niagara Auto Club & Travel Agency- Re: Pay Tolls.
The communication advises that a survey of 99,000 members indicated 98% were not
willing to pay tolls to drive on a new Niagara highway and urged the Region to consider this
clear and strong message during discussions with the Ministry of Transportation on the
proposed mid-peninsula highway project.
ORDERED on the motion of alderman Pietrengelo, seconded by Alde~ii~an Puttick, that the
matter be referred to the Ministry of Transportation. Carried Unanimously.
Communication No. 119 - Niagara District Airport Commission - Re: Changes to the
Municipal Agreements. The communication advises that suggested changes were in the
composition of the Commission itself and of a process for selecting the members best
suited in the Airport Commission.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
matter be referred to staff. Carried Unanimously.
Communication No. 120 - Marion T. Levin - Re: Resignation from Art Gallery Board.
The communication offers her resignation from the position of City Representative to the
Art Gallery Board.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk, to
accept with regrets and file. Carried Unanimously.
Communication No. 121 - Clifton Hill B. L A. - Re: Board of Directors and 1999 Annual
BudgeL The communication requests that Counc~ approve the Board of Directors and
approve their 1999 Annual Budget.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, to
ratify the Clifton Hill, B.I.A. Board of Directors and their 1999 Annual Budget. Carried
Unanimously.
Communication No. 122 - Corporation of the City of Thorold - Re: Regional Niagara
Waste Management Study - Task Three Report. The communication requests
that Council consider a resolution not to support a uniform waste disposal rate for the use
of facilities by residential users and that no tipping fees be applied to residents for general
waste disposal
ORDERED on the motion of Alderman Janvary, seconded by Alderi~an Fisher, that the
matter be referred to staff. Carried Unanimously.
Communication No. 123 - Memorandum from the Executive Assistant to the Mayor-
Re: Proclamation. The communication advises that the City's Disability Advisory
Committee and the Niagara Regional National Access Awareness Week Committee
request that the week of May 31st tO June 6th, 1999 be declared "National Access
Awareness Week".
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, to
proclaim May 31~ to June 6th, 1999 as "National Access Awareness Week". Carried
Unanimously.
Communication No. 124 - Correspondence from the City Solicitor to Friends of the
Lundy's Lane Battlefield - Re: Park benches for the Battlefield site. The
communication advises of an agreement confirming that the Ontario Lottery Corporation
will be advancing monies for the purchase of park benches for the Lundy's Lane Battlefield
site.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the City Solicitor execute the agreement. The motion Carded with Alderman Wing
abstaining from the vote on a conflict of interast praviously noted and with all others voting
in favour.
Communication No. 125 - Correspondence from the City Solicitor to Niagara Falls
Volunteer Firefighters Station No. 6 - Re: Playground equipment for Crowland Park.
The communication advises of an agreement confirming that the Ontario Lottery
Corporation will be advancing monies for the purchase of playground equipment for
Crowland Park. Carded Unanimously.
REPORTS
RA TIFICA TION OF MUNICIPAL PARKING & TRAFFIC COMMITTEE ACTIONS
MW-99-71 - Chairperson, Municipal Parking & Traffic Committee - Re: Municipal
Parking and Traffic Committee Recommendations - May 18, 1999 Meeting. The
report recommends the following:
MW-99-61 - Kalar Road - Traffic Operations Review - 1) that two school crossing guards
be assigned at the intersection of Kalar Road and Coventry Road commencing in the
1999/2000 school year; 2) the legal speed limit on Kalar Road be reduced from 60 km/h
to 50 km/h from Lundy's Lane to McLeod Road; 3) that a 20-metre comer parking
restriction be implemented on the north side of Coventry Road east of Kalar Road; 4) that
the Niagara Transit bus stop on the west side of Kalar Road at Coventry Road be relocated
47 metras south; 5) that a standing restriction be implemented on: a) the east side of Kalar
Road from Coventry Road to a point 13 metres north of Coventry Road; b) the west side
of Kalar Road from a point 27 metras south of Coventry Road to a point 42 metras south
of Coventry Road;
6) that a stopping restriction between the hours of 8:00 a.m. and 4:30 p.m. Monday to
Friday be implemented on: the east side of Kalar Road from a point 13 metres north of
Coventry Road to a point 95 metres north of Coventry Road; on the east side of Kalar
Road from Coventry Road to a point 91 metres south of Coventry Road; on the west side
of Kalar Road from a point 27 metres south of Coventry Road to a point 95 metres north
of Coventry Road; on the west side of Kalar Road from a point 42 metres south of Coventry
Road to a point 91 metres south of Coventry Road; that a crosswalk and stop bar be
applied on Coventry Road at Kalar Road; that the Niagara Regional Police be requested
to provide strict and frequent enforcement of the speed limit on Kalar Road; and, that an
intersection pedestrian signal be installed on the south leg of Kalar Road at Coventry Road
at an approximate cost of $30,000. 00;
MW-99-62 - Crowland Avenue at Lyons Creek Road - All-Way Stop Request - that an
all-way stop be installed at the intersection of Crew/and Avenue and Lyons Creek Road;
that the legal speed limit on Crewland Avenue be reduced from 80 km/h to 60 km/h from
Schisler Road to a point 180 metres south of l yons Creek Road; and, that a pedestrian
advance sign be installed on Crow/and Avenue south of lyons Creek Road facing
northbound motorists;
MW-99-63 - Stamford Street - Parking Review - that the existing "No Parking" zone be
removed on the north side of Stamford Street from Portage Road to the east limit of
Stamford Street.
ORDERED on the motion of A/derman Craitor, seconded by A/derman OfT, that the actions
taken by the Municipal Parking & Traffic Committee on May 18, 1999 be approved. Carried
Unanimously.
MW-99-72- Chief Administrative Officer-Re: Contract Tender 99-02, 1999 Sidewalk
& Concrete Repair Program. The report recommends that the unit prices submitted by
the low tenderer, Sacco Construction Ltd., be accepted for the above contract and the
authorizing by-law be passed.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczy, that
the report be received and adopted. Carried Unanimously.
See By-law No. 99-113
MW-99-73 - Chief Administrative Officer - Re: Award of Tender 99-09, Crack Sealing.
The report recommends that the unit prices submitted by the low tenderer, Bridge Tite
Waterproofing & Sealing Ltd. be accepted for the above contract and the authorizing by-
law be passed.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
matter be deferred for further information. Carried Unanimously.
MW-99-79 - Chief Administrative Officer - Re: Appointment of Inspector - Louie
Baldinelli. The report recommends that Louie Baldinelli be appointed as an Inspector
pursuant to the Building Code Act 1992 and that By-law 93-283 be amended accordingly.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-121
R-99-35 - Chief Administrative Officer- Re: Summer Ice Schedule. The report
recommends that the Schedule for the use of Summer Ice Hours at Stamford Memorial
Arena be approved by City Council.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
PD-99-61 - Chief Administrative Officer- Re: Planned Tourist Area Development
Workshop. The report recommends that Council receive this report for infom~ation
purposes.
ORDERED on the motion of AIdemian Pietrangelo, seconded by Alderman Feren, that the
report be received and filed. Carried Unanimously.
PD-99-64 - Chief Administrative Officer- Re: Application for Site Plan Approval; SPC-
33/98, 4478 & 4490 Montrose Road; Dominion Auto Body. The report recommends that
Council approve the site plan for Dominion Auto Body located at 4478 and 4490 Montrose
Road.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Pietrangelo,
that the report be received and adopted. The motion Carded with Alderman Wing voting
contrary to the motion and with all others voting in favour.
PD-99-65 - Chief Administrative Officer - Re: Zoning By-law Amendment Application;
AM 11/99, 6733 Oakes Drive, Peer Review & Amending Zoning By-law. ;The report
recommends the following:
That sufficient time be given to permit the completion of architectural peer review
and preparation of a staff report for the proposed 15-storey hotel at 6733 Oakes
Drive;
That Council defer the amending by-law until the above noted matters have been
completed.
His Worship Mayor Thomson received indication that Ms. Italia Gilberti, Solicitor on
behalf of the applicant was in attendance.
Ms. Gilberti reviewed the comments provided by Mr. Wayne Murray of Chapman
Murray Architects and discussed the amendments to the proposal.' 1) that the applicant
was prepared to set back the south east comer of the hotel flush with rooms shown to the
north; building the lower four floors out to the property line with recessed openings on the
ground floor, to provide the covered care space on the applicanrs own property; 2)
indicated that the applicant had submitted to architectural peer review and had complied
with the intent of the TADS study; expressed concems regarding Paragraph (2c) of the
draft by-law and advised that the applicant would erect an omamental trellis wall in place
of the 6-metre landscaping strip provision. :
Ms. Gilberti requested that Paragraph 2c) be deleted from the by-law and that the
application be approved in final form.
Following some discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Pietrangelo, that the application be approved subject to the
amendments as discussed by the applicanrs Solicitor and further that the by-law be
approved subject to Paragraph (2c) be deleted from the by-law. The motion Carded with
Alderman Wing voting contrary to the motion; Alderman Feren abstaining on a conflict of
interest and Aldemian Michalczyk voting contrary to the matter dealing with the deletion
of paragraph 2c and with all others voting in favour.
See By-law No. 99-117
RATIFICATION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Campbell, seconded by AIderman Craitor, that the
actions taken by Corporate Services Committee, earlier this evening, be approved:
1. Approval of the Minutes of the April 19, 1999 Corporate Services Committee;
That the matter of the Niagara Falls Humane Society contract be deferred until the
end of July pending a report from staff,'
F-99-31 - Municipal Accounts - that the municipal accounts totalling $7,781,280.92
for the period ending May 31, 1999 be approved - Aldermen Craitor and Fisher
indicated pecuniary interests;
F-99-20 - 1999 Transfer to Reserves - that the report be approved;
F-99-24 - Fidelity Bond Coverage - that the report be approved and that the City's
Comprehensive Crime Policy be deposited with the Director of Finance for
safekeeping and to be available for inspection;
F-99-27- Mechanical Filing System - to approve the purchase of a mechanical filing
system in the lower/eve/of the City Hall from Tab Products of Canada Ltd. for the
amount of $34,579.35;
7.
8.
9.
F-99-29 - Revised: 1999 General Purposes Budget - that the report be approved;
F-99-28 - 1999 Municipal Tax Rates - that the report be approved;
F-99-35 - that Jurle 25, 1999 and September 22, 1999 be approved as the 1999
Final due dates for accounts with Residential Pipeline, Farmland and Managed
Forest Assessments;
10. F-99-30 - that an <~perating lease be appreved with the City's bank in the amount
of $4,000, 000. O0 and, that $860,000. O0 of reserves be used for funding the supply
and installation of ,water meters; that uniform rates be charged to metered users for
the new borrowing, and that one-time payments not be appreved;
11. Correspondence from the Niagara Falls-Fort Erie Real Estate Association - that the
correspondence from the Niagara Falls-Fort Erie Real Estate Association be
received and filedi:
12. Correspondence f'mm Niagara Bronze Limited - that the tipping fees be waived for
the demolition waste on the site of the former F.W. Roberts Manufacturing
Company Limited;
13.
Correspondence from Niagara Intemational Foundation for Educational Exchange -
that the correspondence be received for information;
14. R-99-34 - New Millennium Committee Proposed Clock and Time Capsule -
a) that the selection of Signature Signs to construct the Millennium Clock and Time
Capsule for the City of Niagara Falls be endorsed; b) that staff be authorized to
prepare an agreement between the city and the Niagara Falls Optimist Club for the
lease of a portion of property upon which the proposed Millennium Clock and Time
Capsule will be situated; c) that up front costs be provided for the Millennium Clock
and Time Capsule to a maximum of $50,000.00; d) and that the marketing strategy
for selling of sponsorships for the Mellennia clock and Time Capsule be endorsed
The motion Canfed with Alderman Puttick voting contrary to Report R-99- 34, because he
was opposed to the procedure that was followed and with all others voting in favour.
See By-law No. 99-118
See By-law No. 99-119
See By-law No. 99-123
CD-99-19 - Chief Administrative Officer- Re: Council Vacancy. The report
recommends that Council adopt the resolution appended to this report.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
L-99-38 - Chief Administrative Officer- Re: Partial Release of Conditions, Part 1 on
Reference Plan No. 59R-5593. The report recommends that the City release conditions
of an agreement with Leonard John Terol, dated February 16, 1993, with respect to part
1 on Reference Plan No. 59R-5593.
ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Michalczyk,
that the report be received and adopted. Carried Unanimously.
See By-law No. 99-107
L-99-39 - Chief Administrative Officer- Re: Comfort Hotel and Suites; Proposed Waft
Sign. The report recommends that Council approve the installation of a wall sign having
an area of Three Hundred (300) square feet at Comfort Hotel and Suites, 6733 Oakes
Drive, Niagara Falls.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the report be received and adopted. The motion Carried with Alderman Feren
abstaining from the vote on a conflict of interest previously noted and with all others voting
in favour.
L-99-40 - Chief Administrative Officer- Re: Beatties and Commercial Development
Proposed Ground Signs. The report recommends that Council approve the installation
of two ground signs being thirty-two (32) feet, six inches (6'~ and twenty-nine (29~ feet high
at 4850 Dorchester and 6800 Morrison Street.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the
report be received and adopted. The motion Carried with Alde~iiian Feren abstaining from
the vote on a conflict of interest previously noted and with all others voting in favour.
L-99-41 - Chief Administrative Officer- Re: Niagara Battery and Tire Proposed
Ground Sign. The report recommends that Council approve the installation of two ground
signs having a height of thirty-five (35~ feel One of them being four hundred (400) square
feet, the other being six hundred (600) square feet at Niagara Battery and Tire, 5999
George Street, Niagara Falls.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that the
report be received and adopted. The motion CarTied with Alde~.~an Feren abstaining from
the vote on a conflict of interest previously noted and with all others voting in favour.
L-99-43 - Chief Administrative Officer- Re: Establishment of One Foot Reserves as
a Public Highway; Valley Way; Block 39 and 40 Plan 59M-238. The report recommends
that one foot reserves, described as Blocks 39 and 40 Plan 59M-238, be established as
part of a public highway, to be known as Valley Way.
ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Michalczyk,
that the report be received and adopted. Carried Unanimously.
L-99-44 - Chief Administrative Officer - Re: Appointment of Municipal By-law
Enforcement Officers. The report recommends that Brian Sparks be appointed as
Property Standards Officer for the purpose of enforcing the Property Standards By-law and
that Derek Siciliano be appointed as a Municipal By-Law Enforcement Office for the
purposes of enforcing the By-laws of the City of Niagara Falls.
ORDERED on the motion of Alderman Feren, seconded by AIderman Pietrangelo, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-116
L-99-49- Chief Administrative Officer-Re: CanMar Manufacturing Inc. Encroachment
Agreement with the City; 5657 Victoria Avenue. The report recommends not to permit
the encroachment of a canopy upon the road allowance in front of 5657 Victoria Avenue
by Can Mar Manufacturing Inc. operating as Montana's Prime Rib Steak & Seafood
RestauranL
ORDERED on the motion of Alderman Campbell, seconded by Alderman Jan vary, that the
matter be deferred for a further staff report on the matter. Carried Unanimously.
L-99-50 - Chief Administrative Officer - Re: Greendale Street Dedication. The report
recommends that part of Township Lot 124, in the former Township of Stamford, now in
the City of Niagara Falls be established as a public highway, to be known as Greendale
StreeL
ORDERED on the motion orAldell.an Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
RA TIFICA TION OF COMMITTEE-OF- THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Aldeiii~an Fisher, that the
following actions taken in Committee-of-the-Who/e, earlier this evening be approved:
That Requests for Proposals for City Hall Security be issued and further, that
Requests for Proposals both be in a lump sum price and broken down in three
phases.
Carried Unanimously.
RESOLUTIONS
NO. 22 - CAMPBELL - CRAITOR - WHEREAS the Municipal Act requires that where the
seat of a member of Council becomes vacant, under Section 43, the Council shaft forthwith
declare the seat to be vacant; THEREFORE BE IT RESOLVED THAT the seat held by the
late Alderman Pat Cummings be declared vacant.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 23 - JANVARY- FEREN - THAT a City park be named in honour of the late Alderman
Patrick Cummings and that the part to be named, be selected in consultation with the
family.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO, 24- VOLPATTI- FISHER- WHEREAS C.O.B.R.A. Canadian Operators Bringing
Regional Assistance Inc. (hereina~er referred to as the "C.O.B.R.A.'~ and 1049410
Ontario Inc. (hereinafter referred to as "1049410'7, operate a nightclub and bar
(hereinafter referred to as "The Icon'~ located at 6365 Drummond Road, Niagara Falls, in
contravention of existing zoning by-laws; AND WHEREAS the C. O.B.R.A. and 1049410
operate in such an irresponsible manner as to cause disruption and turmoil to the residents
who five adjacent to The Icon; AND WHEREAS the C.O.B.R.A. and 1049410 operate in
total disregard to the well-being of the residents of that municipality; AND WHEREAS the
Council of the City of Niagara Falls has been inundated with complaints from residents in
the neighbourhood where The Icon is located; complaining of excessive noise, swearing,
urination and discarding of drug paraphernalia from customers of The Icon; AND
WHEREAS The Council of the City of Niagara Falls has a duty to protect its residents;
AND WHEREAS the C.O.B.R.A. and 1049410 have been charged on numerous occasions
with breaches of the zoning by-law, breaches of the noise by-law and breaches of the
Building Code Act;
10 -
NOW, THEREFORE, BE IT RESOLVED THAT The Alcohol and Gaming Commission of
Ontario be respectfully requested to direct that a proposal be issued to revoke or suspend
the licence to sefl liquorof the C.O.B.R.A. and 1049410, at The Icon located at 6365
Drummond Road, Niagara Falls, because the licence is not in the public interest having
regard to the needs and wishes of the residents of the municipality.
AND the Seal of the Corporation be hereto affixed.
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
99-107
A by-law to authorize a Release of conditions in an Agreement with
Leonard John Terol, dated February 16, 1993, with respect to Part 1 on
Reference Plan No. 59R-5593.
99-108
A by-law to designate the property at 4267 Bridge Street, known as the
Canadian National (originally Great Westem) Railway Station, to be of
historic and architectural value and interest.
99-109
A by-law to designate the property at 6151 Lundy's Lane, known as
Fralick's Tavern, to be of historic and architectural value and interest.
99-110
A by-law to authorize an Agreement, dated May 31, 1999, between The
Regional Municipality of Niagara and The Corporation of the City of
Niagara Falls for the purpose of delegating certain responsibilities to the
Region under the Building Code Act and the Building Code with respect to
sewage systems. (Re: Report MW-98-40)
99-111
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City roads. (Top Signs at Intersections, Speed Limits)
99-112
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking, Standing, Stopping)
99-113
A by-law to authorize the execution of an agreement with Sacco
Construction Limited respecting the 1999 Sidewalk and Concrete Repairs -
City Wide.
99-114
REPEALED.
99-115
A by-law to establish Blocks 39 and 40 on registered Plan No. 59M-238,
as a public highway, to be known as and to form part of Valley Way.
99-116
A by-law to authorize the appointment of the Municipality's By-law
Enforcement Officers.
99-117
A by-law to amend By-law No. 79-200, as amended. (Re: Oakes Drive,
Matovic)
99-118
A by-law to set and levy the rates of taxation for City purposes, for
Regional purposes, and for Education purposes for the year 1999.
99-119
A by-law to authorize monies for General Purposes (May 31, 1999).
99-120 A by-law to prohibit cats from being at large within the City of Niagara.
11
99-121
A by-law to amend By-law No. 93-283, as amended. (to appoint a chief
building official and inspectors under the Building Code Act)
99-122
A by-law to authorize the execution of a Verification of Service Agreements
Extension with Philip Emergency Response Services.
99-123
A by-law to provide for the appropriations for the year 1999.
99-124 REPEALED.
The motion Carried with Aldermen Creitor and Fisher abstaining from the vote on By-law
No. 99-119 on conflicts of interest previously noted; and Alde~.#an Wing abstaining from
the vote on By-law No. 99-109 on a conflict of interest previously noted and with all others
voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
following by-laws be now read a second and third time:
99-107
A by-law to authorize a Re/ease of conditions in an Agreement with
Leonard John Terol, dated February 16, 1993, with respect to Part 1 on
Reference Plan No. 59R-5593.
99-108
A by-law to designate the property at 4267 Bridge Street, known as the
Canadian National (originally Great Westem) Railway Station, to be of
historic and amhitectural value and interest.
99-109
A by-law to designate the property at 6151 Lundy's Lane, known as
Fralick's Tavem, to be of historic and architecture/value and interest.
99-110
A by-law to authorize an Agreement, dated May 31, 1999, between The
Regional Municipality of Niagara and The Corporation of the City of
Niagara Falls for the purpose of delegating certain responsibilities to the
Region under the Building Code Act and the Building Code with respect to
sewage systems. (Re: Report MW-98-40)
99-111
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City roads. (Top Signs at Intersections, Speed Limits)
99-112
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking, Standing, Stopping)
99-113
A by-law to authorize the execution of an agreement with Sacco
Construction Limited respecting the 1999 Sidewalk and Concrete Repairs -
City Wide.
99-114
REPEALED.
99-115
A by-law to establish Blocks 39 and 40 on registered Plan No. 59M-238,
as a public highway, to be known as and to form part of Valley Way.
99-116
A by-law to authorize the appointment of the Municipality's By-law
Enforcement Officers.
99-117
A by-law to amend By-law No. 79-200, as amended. (Re: Oakes Drive,
Matovic)
12 -
99-118 A by-law to set and levy the rates of taxation for City purposes, for
Regional purposes, and for Education purposes for the year 1999.
99-119 A by-law to authorize monies for General Purposes (May 31, 1999).
99-120 A by-law to prohibit cats from being at large within the City of Niagara.
99-121 A by-law to amend By-law No. 93-283, as amended. (to appoint a chief
building official and inspectors under the Building Code Act)
99-122 A by-law to authorize the execution of a Verification of Service Agreements
Extension with Philip Emergency Response Services.
99-123 A by-law to provide for the appropriations for the year 1999.
99-124 REPEALED.
The motion Canfed with Aldermen Craitor and Fisher abstaining from the vote on By-law
No. 99-119 on conflicts of interest previously noted; and Alderman Wing abstaining from
the vote on By-law No. 99-109 on a conflict of interest previously noted and with all others
voting in favour.
NEW BUSINESS
Letter of Congratulations
ORDERED on the motion of AIderman Fisher, seconded by AIderman Janvary, that a letter
of congratulations be forwarded to Father Ben Hogan on the occasion of his retirement
from St. Patrick's Parish. Canfed Unanimously.
Letter of Condolence
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that a letter
of condolence be forwarded to the family of the late Albert Stoddard Jones, Past Chaii~iian
of the GNGH Board of Governors, Past-President of the Ontario Hospital Association and
well-respected citizen of the community. Canfed Unanimously.
Ontario Promotions Program
Alderman Norm Puttick questioned whether any information had been received on
his enquiry on the Ontario Promotions Program and he was advised by the Executive
Director of Community Services that information would be forthcoming on the matter.
Bicycle Fun Event
Alderman Wayne Campbell congratulated everyone who participated in the very
successful Bicycle fun event.
13 -
Metal Information Signs
Alderman Kim Craitor requested an update on the metal information signs that have
been placed at the intersections of Drummond and Lundy's Lane and was advised that a
meeting was being held this week on the matter, with a report coming back to Council.
Annual Inspection - 1999 Navy League Cadet Corps #138
Alderman Kim Craitor requested that a letter of congratulations be forwarded to the
Navy League Cadet Corps #138 on the occasion of their 1999 Annual Review.
ORDERED on the motion of Alderman Creitor, seconded by Alderman Fisher, that a letter
of congratulations be forwarded to the Navy League Cadet Corps #138, on the occasion
of their 1999 Annual Review. Carried Unanimously.
Extrication Competitions
His Worship Mayor Thomson advised that the Fire Chief was extending an invitation
to members of Council and the public to attend the extrication competitions being held on
June 5, 1999 at the Memorial Arena and at Morrison Street. During the discussion, It was
suggested that a notice be placed in the Niagara Falls Review, advising of the competition.
Trap and Release Program of Raccoons
Mayor Thomson advised that the Rabies Unit of the Ministry of Natural Resources
would be conducting field operations in a "Trap and Release Program of Raccoons and
suggested that the Ministry of Natural Resources be requested to re-examine this program
as the number of raccoons in the defined area are becoming a problem.
ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that the Ministry
of Natural Resources be requested to re-examine this program as the number of raccoons
in the defined area are becoming a problem. The motion Carried with Alderman Wing
voting contrary to the motion and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
SEVENTEENTH MEETING
PLANNING MEETING
Council Chambers
June 7, 1999
Council met on Monday, June 7, 1999 at 7.'OO p. m. forthe purpose of considering
Planning/Regular Business matters. All members of Council, were present. Mayor
Thomson offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTEREST
Aldefinan Craitor indicated a pecuniary interest on Report F-99-33, Cheque No.
M92669, because a member of his family is employed by the Region.
Alderman Feren indicated a pecuniary interest on Report No. L-99-53, because he
has a business interesL
Aldermen Campbell and Pietrengelo indicated pecuniary interests on
Communication No. 132, Township of Frent of Leeds and Lansdowne because they are
employed by the School Board.
PRESENTA~ONS
1998-1999 City of Niagara Falls Environment Awards
His Worship Mayor Thomson congratulated and presented the 1998-1999
Environment Award, to Ms. Deanna Nicholson, of the Niagara River Restoration
Council; Ms. Eloise Schumacher, of the Niagara Falls Horticultural Society, was
unable to attend.
PLANNING MATTERS
PD-99-63 - Chief Administrative Officer - Re: Zoning By-law Amendment Application;
AM-10/99, Josie Eldon and Tina Mammarella; 4579 Huron Street. The report
recommends the following:
1)
That Council approve the Zoning By-law Amendment application to permit the
existing building to be used as a single detached dwelling containing not more than
2 bedrooms for tourists and to permit tandem parking spaces;
That the amending by-law be presented to Council after the applicant has dedicated
a daylighting triangle with 4.57 metre legs to the City.
- AND -
Communication No. 126a) - Regional Municipality of Niagara, Planning and
Development Department. The communication advises as having no objection to the
approval of this application. - AND - 126b) - The Regional Public Works Dept. The
communication advises as having no objections to the zoning by-law amendment.
- AND -
Communication No. 127 - Canadian National Railway Company. The communication
requests that a clause be inserted in all development agreements, offers to purchase,
agreements of Purchase and Sale or Lease and to include a Noise Impact Statement with
respect to Canadian National Railway Company or its assigns or successors in interest has
or have a right-of-way within 300 metres from the land the subject hereof, that there may
be alterations to or expansions of the rail facilities on such right-of-way in the future
including the possibility that the railway or its assigns or successors as aforesaid may
expand its operations, which expansion may affect the living environment of the residents
in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating
measures in the design of the development and individual dwelling(s). CNR will not be
responsible for any complaints or claims arising from use of such facilities and/or
operations on, over or under the aforesaid right-of-way.
His Worship Mayor Thomson declared the Public Meeting open and read the
precedure to be followed under the Planning Act.
The Acting City Clerk advised that the Notice of the Public Meeting had been given
in accordance with the Regulations, by prepaid first class mall on May 7, 1999.
His Worship Mayor Thomson received indication that the applicants were in
attendance and received a negative 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Deputy Director of Planning and Development referred to the subject property
with the assistance of posted sketches and reviewed the information contained in the
Recommendation Report; and advised that staff was recommending approval of the
application, subject to a daylighting triangle at the comer of Huron and Chrysler for traffic
safety puq3oses.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-10/99, closed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Michalczyk, that
the report be received and adopted. Carfled Unanimously.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that
the correspondence be received and filed. Carfled Unanimously.
PD-99-66 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-2/99,757270 Ontario Inc. C/o Reno Marcon; 5996 & 6006 Buchanan Avenue and
5993 Clark Avenue. The report recommends the following:
That Council approve the Zoning By-law Amendment application to permit the
construction of a l O-storey, 126 room hotel;
That the amending by-law be drafted to reflect the revised site plan and the
development standards noted in this report and be presented to Council subject to
an undertaking or development agreement to secure public realm improvements
across the site's two frontages.
- AND -
Communication No. 128 - Michael Del Ben, Old Stone Inn. The communication
advises as objecting to the zoning By-law No. 79-200 and provides comments with respect
to those concerns.
- AND -
Communication No. 129a) - The Regional Municipality of Niagara, Planning and
Development Department. The communication advises that the application be deferred
until approval of the Development Strategy and subsequent Official Plan policies. - AND -
Communication No. f29b) The Regional Public Works Department. The
communication advises as having no objections to the zoning by-law amendment and
provides comments on the issue of servicing.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The Acting City Clerk advised that the Notice of the Public Meeting had been given
in accordance with the Regulations, by prepaid first class mail on May 7, 1999.
His Worship Mayor Thomson received indication that Mr. Bill Amadio, Solicitor, on
behalf of the applicant and received a negative 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Deputy Director of Planning and Development referred to the subject property
with the assistance of posted sketches and reviewed the information contained in the
Recommendation Report; he suggested that the 3 metre setback requirements on
Buchanan Avenue remain; he advised that staff were recommending approval subject to
the applicant entering into a development agreement to satisfy the streetscaping
requirements of the Tourism Strategy and provide for the road widening.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
Mr. Bill Amadio reviewed the "stepped back" effect of the building; the 3-metre set
back requirements and landscaping provisions.
The Deputy Director responded that it would be preferable to obtain the 3-metre set
back at the front of the building or to landscape that area to provide the buffer necessary
under the Tourism Strategy Study.
During the discussion, it was suggested that the Old Stone Inn be permitted to
provide input into the site plan.
~ll · I~
Mr. Amadio responded to comments and advised that his client had no objections
to dedicating the property but was objecting to moving the building back.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-2/99, closed.
ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that the
report be received and adopted with the amendment that the 3-metre setback not be
measured from the road widening. Carried Unanimously.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrengelo, that
the correspondence be received and filed. Carried Unanimously.
PD-99-67 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-8/99, 8158 Lundy's Lane, Joe Melo; Proposed Expansion to Greycliffe Manor.
The report recommends the following:
To approve the application to con.~;truct a two-storey, 40 bed expansion to Greycliffe
Manor,'
2. To modify the parking standard t.'~at applies to the development.
- AND -
Communication No. f30 - The Regi~nal Municipality of Niagara - Planning and
Development Department. The comn~unication advises as having no objection to the
approval of the application.
His Worship Mayor Thomson dsclared the Public Meeting open and read the
procedure to be followed under the Plar.~ning Act.
The Acting City Clerk advised thai.' !he Notice of the Public Meeting had been given
in accordance with the Regulations, by p,~paid first c/ass mail on May 7, 1999.
His Worship Mayor Thomson received indication that the applicant was in
attendance and received a negative reS'ponse to his request for a show of hands by
persons present who were interested ir, the application. He requested that all persons
wishing to receive further notice of the i~assage of the by-law submit their names and
addresses to the Clerk prior to leaving th.s meeting.
His Worship Mayor Thomson ~.,~]vised that failure to make oral or written
submissions at the Council meeting cou~c~ result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Deputy Director of Planning ar~l~ Development referred to the subject property
with the assistance of posted sketches ~.nd reviewed the information contained in the
Recommendation Report; discussed the F:~sue of parking and parking requirements; and
stated that staff was recommending apprc,val of the application.
There was a negative response td, Mayor Thomson's request for comments from
persons, other than the applicant or his ag/:nt, in support of the application and a negative
response in opposition to the application..~
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-8/99, closed.
ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
correspondence be received and filed. CatTied Unanimously.
PD-99-53 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-124/97, Roger Brown; 5312 Montrose Road at Wanless StreeL The report
recommends that Council adopt the amending by-law appeadng in Councirs agenda as
ordered by the Ontado Municipal Board.
ORDERED on the motion of AIdefiiian Craitor, seconded by Alderman Campbell, that the
report be received and adopted. The motion Carried with Alderman Janvary voting
contrary to the motion and with all others voting in favour.
See By-law No. 99-126
PD-99-62 - Chief Administrative Officer- Re: High-Rise Hotel Development Inventory.
The report recommends that Council receive the High-Rise Hotel Development Inventory
contained within the Council Package for information purposes and make the report
available to agencies, departments and the public.
During the discussion, it was noted that a letter of appreciation be forwarded to staff
for their excellent work and preparation of the report.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the
report be received and filed. Carried Unanimously.
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
Alderman Wing requested that the Minutes of May 31, 1999 be amended to reflect
her voting contrary to the motion on Report PD-99-64 and her voting contrary to the motion
on the Trap and Release Program of Raccoons.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the Minutes of May 26, 1999 be approved as printed; and that the Minutes of May 31,
1999 be approved as amended. Can'fed Unanimously.
MA YOR'S REPORTS. ANNOUNCEMENTS, REMARKS
2"d Duke Standish Walk and Rofi
His Worship Mayor Thomson advised that the Parish of St. John the Evangelist
would be hosting the 2~d Duke Standish Walk and Roll on June 12, 1999 in support of
People with A.L.S. (Lou Gehfig's Disease).
Highway 420/Roberrs Street Corridor
His Worship Mayor Thomson referred to correspondence received from Minister
Tony Clement, Ministry of Transportation addressing the issue of Highway 420/Roberts
Street Corridor.
ulll · I[1
All Age Bars Concerns
His Worship Mayor Thomson referred to correspondence received from the Minister
of Consumer & Commercial Relations responding to the "all age bars" concerns. Mayor
Thomson referred to noise and parking problems still being encountered and advised that
the matter was being looked into.
Local Architectural Conservation Advisory Committee (LACAC)
His Worship Mayor Thomson advised that the Municipality was successful in
obtaining Federal funding to hire students to do an inventory of historical buildings in the
area; he also referred to pamphlets that have been prepared by the LACAC Committee
dealing with Walking Tours, "Drummondville Discovered"- A Heritage Walking Tour of our
First Community and "Profiles of the Past"- A Heritage Walking Tour of the Downtown
Area.
COMMUNICATIONS
Communication No. 131 - Gary Sweetman (Rev.), Niagara Weddings - Re: Civic
Marriages at City Hall. The communication requests that consideration be given to
conducting civic marriages at City Hall.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that
the request not be permitted and that the matter of having space availability to the public
for a non-denominational chapel in City Hall be investigated by staff and that other areas
of the City also be looked at. Carried Unanimously.
Communication No. 132 - The Municipality of the Township of Front of Leeds and
Lansdowne - Re: Resolution. The communication requests that Council endorse a
resolution petitioning the Federal and Provincial Governments, the Minister of Education
and the local School Boards to have Bible reading and prayer reinstated in our schools
across Canada.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
resolution be referred to the Niagara District Board of Education and that the Township be
informed that this is not an area under municipal jurisdiction. The motion Carried with
Aldermen Pietrangelo and Campbell abstaining from the vote on conflicts of interest
previously noted and with all others voting in favour.
Communication No. 133 - City of Port Colborne - Re: Resolution. The communication
requests that Council support a resolution requesting the Provincial Government to
confirm its commitment to the completion of Highway 406 into the Port Colborne urban
area and the planned time frame for construction.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that
the request be supported. Carried Unanimously.
Thunderbird Motel Sign
Mr. Bill Patel was in attendance and it was requested that approval be given to
erect a new motel sign at 6019 Lundy's Lane, Thunderbird Motel; 710751 Ont. Ltd.
The City Solicitor responded that other departments were looking into the matter
with respect to the existing encroachment on the road allowance.
Following some discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Pietrangelo, that the request be approved subject to staff approvals
and with no adverse staff comments; and that the Mayor and Clerk be authorized to
execute the encroachment agreement. Carried Unanimously.
REPORTS
MW-99-75 - Chief Administrative Officer- Re: Purchase of New Council Chamber
Chairs. The report recommends that Council award Quotation Request #38-99 for the
purchase of Council Chambers Chairs to Beatties Stationary Limited for the sum of
$13,827.60 including aft taxes,
ORDERED on the motion of Alderman Feren, seconded by Alderman Michalczyk, that the
report be received and adopted, Carried Unanimously.
ORDERED on the motion of Alderman Feren, seconded by Alderman Creitor, that a report
be brought back regarding the disposition of the old Council chairs. Ca~ed Unanimously.
MW-99-80 - Chief Administrative Officer - Re: Award of Tender #99-03, Asphalt
Overlays. The report recommends that the unit prices submitted by the low tenderer,
Steed & Evans Ltd., be accepted and that the by-law appearing on tonighrs agenda be
passed.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimously.
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Fisher, that the
actions taken in Community Services Committee, eadier this evening, be approved:
1, Adoption of the Minutes of April 12, 1999 Community Services Committee;
Review of Industrial Taxes - that information be received on Review of Industrial
Taxes and that this matter be referred to staff in order that impacts as a result of
changing the industrial tax can be assessed;
MW-99-35 - Development on Graham Street - that the matter of development on
Graham Street be referred to staff,'
MW-99-78 - OMG Media Street Hardware Review- that the report on OMG Media
Street Hardware Review be accepted in principle, and that this matter be referred
to staff to work with OMG media and the various BIA's;
MW-99-60 - Report on Parking Lot Damage (Municipal Lot #10) - that information
be received on Municipal Parking Lot #10 (Park Street);
MW-99-74 - Montrose Road Sidewalks - that the matter of sidewalks on Montrose
Road be deferred and that staff investigate the possible use of info safety bars
where curb faced sidewalks exist on Regional Roads;
MW-99-76 - Walker Brothers Composting Facility - that support, in principle only,
be given for the establishment of a compost facility at the Walker Brother Quarry
Property in the City of Niagara Falls;
MW-99-83 - Niagara International Transportation Coalition (NITTEC) Intelligent
Transportation Systems (ITS) - that information be received on the Niagara
International Transportation Technology Coalition and Intelligent Transportation
Systems;
BiB ·
MW-99-84 - Regional Road Transfers - that information on Regional Road Transfers
be received and filed;
10.
R-99-36- Feasibility Study of Potential partnership between the Family YMCA, Boys
& Girls Club of Niagara and other Potential Partners - that the City enter into a
contract agreement with Mr. Fred Galloway Associates/nc., in the amount of
$12,40.00 to conduct a feasibility study of the potential partnership between the
YMCA, the Boys & Girls Club of Niagara and other potential partners;
11.
FS-99-03 - Purchase of Aerial Truck - to authorize the purchase of a new aerial
truck for the Fire Department from Savetek International at a cost of $486,000. O0
plus tax;
12. Verbal Update:
That information be received on the Tran.,:portation Master Plan.
Carried Unanimously.
F-99-33 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that Council approve the municipal a.~counts totalling $9,353,267.01 for the
period ending June 7, 1999.
Clarification was provided on Cheque NoS 245141 and M92670.
ORDERED on the motion of Alderman Pietrangek~, seconded by AIderman Feren, that the
report be received and adopted. The motion Carrie_d with Alderman Craitor abstaining from
the vote on a conflict of interest previously noted and with all others voting in favour.
See By-law No. 99-128
L-99-53 - Chief Administrative Officer- Re: Mi,~,iature Golf, Dairy Queen Sign; 7730
Lundy's Lane. The report recommends that C;~uncil approve the installation of a two
hundred and thirty-five (235) square foot ground sign at 7730 Lundy's Lane.
ORDERED on the motion of Alderman PietrangelO, seconded by Alderman Janvary, that
the report be received and adopted. The motion ~irried with Alderman Feren abstaining
from the vote on a conflict of interest previously nO, t,.=d and with all others voting in favour.
BY-LAWS'
ORDERED on the motion of Alderman Pietrange, ,, seconded by Alderman Fisher, that
leave be granted to introduce the following by-law~ and the by-laws be read a first time:
99-125
A by-law to establish part of Towns,'~ip Lot 124 in the former Township of
Stamford, now in the City of Niagan~ Falls, in the Regional Municipality of
Niagara designated as part 1 on Pla'. R.D. 131, as a public highway, to be
known as Greendale StreeL (Re: R~,/~ort L-99-50, May 31, 1999)
99-126
A by-law to amend By-law No. 79-:.~0, as amended. (Re: AM-14, Roger
Brown)
99-127
A by-law to authorize the execution ~of an agreement with Steed and Evans
Limited respecting the 1999 Asphalt Overlay Program - City Wide.
99-128 A by-law to authorize monies for General Purposes (June 7, 1999)
99-129 A by-law to repeal By-law Numbers 99-114 and 99-124.
The motion Carried with Alden'nan Janvary voting contrary to the motion on By-law No. 99-
126; and Alderman Craitor abstaining from the vote on By-law No. 99-128 on a conflict of
interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
following by-laws be now read a second and third time.
99-125
A by-law to establish part of Township Lot 124 in the former Township of
Stamford, now in the City of Niagara Falls, in the Regional Municipality of
Niagara designated as part 1 on Plan R.D. ~31, as a public highway, to be
known as Greendale Street. (Re: Report L-99-50, May 31, 1999)
99-126
A by-law to amend By-law No. 79-200, as amended. (Re: AM-14, Roger
Brown)
99-127
A by-law to authorize the execution of an agreement with Steed and Evans
Limited respecting the 1999 Asphalt Overlay Program - City Wide.
99-128 A by-law to authorize monies for Genera/Purposes (June 7, ~ 999)
99-129 A by-law to repeal By-law Numbers 99-~ ~ 4 and 99-124.
The motion Carried with Alderman Janvary voting contrary to the motion on By-law No. 99-
126 and Aldei~an Craitor abstaining from the vote on By-law No. 99-128 on a conflict of
interest previously noted and with all others voting in favour.
NEW BUSINESS
Congratulations
Mayor Thomson extended congratulations and best wishes on behalf of Council to
Alderman Wayne Campbell and his wife Helga on the occasion of their 30~h Wedding
Anniversary.
During the discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Feren, that a letter of congratulations be forwarded to Alderman
Selina Volpatti, on the excellent campaign that she ran. Carried Unanimously.
Following some discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Feren, that letfers of congratulations be forwarded to Premier Mike
Harris and Member of Parliament, Mr: Bart Maves on their recent re-elections; and further
that Mr. Maves be requested to attend a future Council meeting to address concems
regarding Highway 420/Portage Road Bridge and the Casino issue. Carried Unanimously.
Following further discussion, if.was ORDERED on the motion of Craitor, seconded
by Alderman Campbell, that staff come back with recommendations regarding a political
sign by-law prior to the next municipal election in order to improve the signage in the
community. Carried Unanimously.,
Niagara Falls Film Festival
ORDERED on the motion of Alderman Fisher, seconded by Alderman Vo/patti, that a letter
be forwarded to the Niagara Film Festival in recognition for all their efforts in the Film
Festival. Carried Unanimously.
IIII I I~
10-
Book Launch
Alderman Janice Wing advised that Mr. Donald Graves, would be launching his new
book "Field of Glory" on June 20, 1999 at the Cairn Croft and donating his royalties
towards the preservation of the Battlefield project.
Mountain Road Landfill Site Sign
Alderman Selina Volpatti referred to the very large sign on the comer of
Mewbum and Mountain Road and indicated that Mr. David Spence, a member of the
Mountain Road Landfill Site Public Liaison Committee had appealed to the Ministry of the
Environment, who indicated the sign would be coming down. She advised that the
Ministry had ordered the Region to remove the sign, as it was in contravention of the
Certificate of Approval for the Landfill site.
Chari~ Pub Night
Alderman Paisley Janvary advised that a Charity Pub Night, hosted by the "Wise
Guys", and featuring Jimmy/=lynn would be held on July 23, 1999 at the C.A.W. Hall in St.
Catharines, to raise funds toward the Health Care Vehicle.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Orr, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
R. O. KALLIO, ACTING CITY CLERK
WAYNE THOMSON, MAYOR
EIGHTEENTH MEETING
SPECIAL MEETING
Counc~ Chambers
June 10, 1999
Council met on Thursday, June 10, 1999 at 4:30: p.m. forthe purpose of considering
Report MW-99-77-Royal Manor Drive/Strathmore Crescent; Parking Review. All members
of Council, with the exception of Aldermen Campbell, Janvary, O~ Puttick and Wing, were
present. Mayor Thomson presided as Chairperson.
MW-99-77 - Chief Administrative Officer - Re: Royal Manor Drive/Strathmore
Crescent; Parking Review. The report recommends the following:
That a permit parking system ("No Parking Tow-away Zone - except by permit'~ be
implemented on:
the east side of Royal Manor Drive from a ;point 70 metre north of Lundy's
Lane to the north intersection of Royal Manor Drive/Strathmore Crescent;
b) the north/east side of Strathmore Crescent;
2) That parking be restricted at all times ("No Parking Tow-away Zone'~:
a) along the perimeter of the grass island on Royal Manor Drive;
b) the south/west side of Strathmore Crescent;
on the west side of Royal Manor Drive from a point 127 metres north of
Lundy's Lane to a point 24 metres north of the north intersection of Royal
Manor Drive/Strathmore Crescent.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-130
ORDERED on the motion of Alderman Michalczyk, seconded by AldeR~an Craitor, that the
Council Chair of the late Alderman Patrick Cummings be presented to his widow, Mrs.
Marlene Cummings. Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that leave
be granted to introduce the following by-law and the by-law be read a first time:
99-130
A by-law to amend by-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking).
Carried Unanimously.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
following by-law be now read a second and third time:
99-130
A by-law to amend by-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking).
Carried Unanimously.
Nomination to fill vacancy
ORDERED on the motion of Alderman Vo/patti, seconded by Alderman Fisher, that
Carolynn Ioannoni be nominated to fill the vacant Council position. Carried Unanimously.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Ken Feren, that
the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
R. O. KALLIO, ACTING CITY CLERK
WAYNE THOMSON, MAYOR
NINETEENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
June 21, 1999
Council met on Monday, June 21, 1999 at 6:15 p.m. in Committee-of-the-Whole.
All members of Council, were present. Alderman Janice Wing presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
REGULAR MEETING
Council Chambers
June 2f, 1999
Council met on Monday, June 21, 1999 at 7:00 p.m. for the purpose of considering
Regular Business matters. Aft members of Council, were present. Alderman Kim Craitor
offered the Opening Prayer.
Prior to dealing with the Regular Council matters, Mayor Thomson introduced a
resolution to nominate a person to fill the position declared vacant due to the death of
Alderman Patrick Cummings.
RESOLUTION
NO. 25 - FISHER - ORR - WHEREAS Council declared the seat of the late Patrick
Cummings, an Alderman for Ward 3, in the City of Niagara Falls, vacant and it now wishes
to fill the seat;
NOW THEREFORE BE IT RESOLVED THAT Council hereby nominates the runner-up in
Ward 3, in the City of Niagara Falls, Carolynn Ioannoni, to fill the seat declared vacant due
to the death of Alderman Patrick Cummings.
AND the Seal of the Corporation be hereto affixed. Carried Unanimously.
The Statutory Declaration of Office and Oath of Allegiance were filed with the City
Clerk, after the Oath of Office had been administered to Carolynn Ioannoni by His Worship
Mayor Thomson.
BY-LAW
ORDERED on the motion of Alderman Fisher, seconded by Alderman Orr, that leave be
granted to introduce the following by-law and the by-law be read a first time:
99-131
A by-law to appoint Carelynn Ioannoni a member of Council of the City of
Niagara Falls.
Carried Unanimously
ORDERED on the motion of Alde~ian Fisher, seconded by Alderman Orr, that the
following by-law be now read a second and third time:
99-131
A by-law to appoint Carolynn Ioannoni a member of Council of the City of
Niagara Falls.
Carried Unanimously.
His Worship Mayor Thomson introduced and welcomed Alderman Carolynn
Ioannoni to members of Council.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
the Minutes of the Planning/Regular Meeting of June 7, 1999 and the Minutes of the
Special Meeting of June 10, 1999 be adopted as printed. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Craitor indicated a pecuniary interest on Report F-99-34, Cheque Nos.
245442; M92674 and 245369 because a member of his family is employed by the Region.
Alderman Campbell indicated a pecuniary interest on the Deputation dealing with
the Skyion South Hotel because a member of his family is employed by the applicant; and
on Report F-99-34, Cheque No. 245218 because he is employed by the School Board.
Alderman Ioannoni indicated a pecuniary interest on Report F-99-34, Cheque No.
245413 because the recipient is her employee.
Aldermen Campbe~ and Pietrangelo indicated pecuniary interests on By-law No.
99-135 because they are employed by the School Board.
Alderman Michalczyk indicated a pecuniary interest on Report F-99-34, Cheque No.
245261 and Report CD-99-21 because he is a volunteer firefighter.
Mayor Thomson indicated a pecuniary interest on the Deputation dealing with the
Sky/on South Hotel.
MA YOR'S REPORTS, ANNOUNCEMENTS. REMARKS
Lighting at the Q.E.W. and Thorold Stone Road
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that a letter
be forwarded to the Ministry of Transportation expressing Councirs concerns regarding the
lighting at the Queen Elizabeth Way and Thorold Stone Road. Carried Unanimously.
Letter of Condolence
ORDERED on the motion of AIdei~iian Janvary, seconded by Alderman Volpatti, that a
letter of condolence be forwarded to the family of the late Viola Rachel Kennedy MacBain,
wife of former Council member and M.P. Arthur Allister MacBain. Carried Unanimously.
Get Weft Wishes
ORDERED on the motion of Alderman Feren, seconded by Alderman Janvary, that get well
wishes for a speedy recovery be forwarded to City employee, Mr. Vito Scaringi on his
recent operation. Carried Unanimously.
Congratulations
His Worship Mayor Thomson referred to his attendance at the Inaugural Kick-off of
the Niagara Regional Football League and that a letter of thanks and congratulations be
forwarded to the league.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
a letter of thanks and congratulations be forwarded to the Niagara Regional Football
League. Carried Unanimously.
Weed Problems
His Worship Mayor Thomson discussed the weed problem in the City and of the
concerns expressed regarding the effect on adjacent properties and the unbecoming
appearance in the City; and the effect on residents who have allergies. His Worship Mayor
Thomson requested that the City Solicitor look into the matter.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that a full
report be provided by the City Solicitor regarding the weeds problem; to investigate the
matter of having more than one contractor and the higher cost of cutting weeds. Carried
Unanimously.
DEPUTATIONS
Niagara Falls Business Development Advisory Committee
The matter dealing with the Business Development Economic Report was deferred
to a future Council meeting.
Communication No. 134 - The Business Development Advisory Committee. The
communication requests that Council consider appointing a Council representative to serve
on the Business Development Advisory Committee.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that Alderman
Selina Volpatti, be appointed to serve as Council representative on the Business
Development Advisory Committee. Carfled Unanimously.
Small Business Club Niagara Inc.
Heather Carter, Vice-President, Small Business Club Niagara provided
information on the function and benefits of the organization.
His Worship Mayor Thomson thanked Ms. Carter for her presentation.
Local Architectural Conservation Advisory Committee (LACAC)
Kym Cody, Chair, LACAC and the Deputy Director of Planning and Development
provided a brief overview of the Ontario Power Distribution Station and of it's historic
significance.
- AND -
Report PD-99-60 - Chief Administrative Officer- Re: Historic and Architectural
Significance of the Ontario Power Distribution Station. The report recommends that
Council receive the report of LACAC on the Ontario Power Company and use it in the
discussions with the Ontario Casino Corporation and Falls Management Company in order
to encourage the incorporation of the historic building into the design of the permanent
casino.
ORDERED on the motion of Alderman Fisher, seconded by Alderman t44ng, that the report
be received and adopted. Carried Unanimously.
Kym Cody, Chair, LACAC and the Deputy Director of Planning and Development,
provided a brief history of the 56 historical sites that could be viewed during the
"Heritage Walking Tours" in the Downtown; and the Main and Ferry Street areas.
- AND -
Report PD-99-71 - Chief Administrative Officer - Re: Heritage Walking Tour
Brochures - Profiles of the Past (Downtown Area) and Drummondville Discovered.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Wing, that the report
be received and filed. Carried Unanimously.
Following some discussion, it was ORDERED on the motion of Alderman Janvary,
seconded by Alderman Fisher, that a letter of congratulations be forwarded to LACAC and
staff on the excellent work done on the preparation of the walking tours brochures. Carried
Unanimously.
SkyIon South Hotel
His Worship Mayor Thomson declared a conflict of interest and relinquished the
Chair.
Alderman Norm Puttick assumed the Chair.
Donald May, on behalf of the SkyIon South Hotel, provided an update on the SkyIon
South Hotel application, discussed the Official Plan and requested the need for a
development agreement regarding the rezoning by-law in order to expedite the
applications.
Following some discussion, it was ORDERED on the motion of Alderman Feren,
seconded by Alderman Fisher, that a draft development agreement be prepared and
brought forward to the July, 1999 Council meeting. The motion Carried with Alderman
Campbell abstaining from the vote on a conflict of interest previously noted and with all
others voting in favour.
His Worship Mayor Thomson resumed the Chair.
COMMUNICATIONS
Communication No. 135 - The Arthritis Society - Re: Proclamation. The
communication requests that Council proclaim the month of September as "National
Arthritis Month" and that a flag raising ceremony be held outside of City Hall on September
1, 1999 at 11:00 a.m.; and further that the flag remain displayed for the month of
September to promote the awareness of The Arthritis Society and National Arthritis Month.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
request be supported. Carried Unanimously.
Communication No. 136 - Town of Markham - Proclamation. The communication
requests that Council proclaim October 7, 1999 as "Wo~d Mental Health Day"in Canada.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the
request be endorsed. Carried Unanimously.
Communication No. 137 - The City of Stoney Creek - Re: Hazardous and Non-
Hazardous Materials. The communication requests that Council support a resolution
requesting that the Ministry of the Environment bring forth a Waste Management Bill that
has more stringent regulations for both the generator and processor of hazardous and
non-hazardous materials and further, that any hazardous waste generated outside of
Ontario be banned from being placed in any landfill in Ontario.
ORDERED on the motion of Alderman Pietrangelo, seconded by Aldeiiiian Fisher, that the
request be supported and that the matter be referred to the Region. Carried Unanimously.
Communication No. 138 - Township of Tyendinaga - Re: Refillable Beverage
Containers. The communication requests that Council support a resolution petitioning
the Province of Ontario to change the existing legislation regarding refillable beverage
containers to require a full deposit/refund system for all beverage containers that would
reuse more materials and shift costs away from municipalities.
ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the
request be supported. Carried Unanimously.
Communication No. 139 - The City of Guelph - Re: Lottery Revenues. The
communication requests that Council support of a resolution requesting the Federal,
Provincial and Territorial governments to review the method and amount of funds
generated by lotteries and return a greater share of the lottery revenues to the local
groups.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
request be supported. Carried Unanimously.
REPORTS
MW-99-89 - Chief Administrative Officer- Re: Dorchester Road-Lundy's Lane to
Thorold Stone Road Traffic Study and Operations Review. The report recommends the
following:
That Council endorse the Draft Report #1 as presented by Synectics, along with the
changes suggested by staff and forward them on to the Region for their
consideration and approval;
2. That all suggested short tenn impmvements be implemented by the end of the year.
- AND -
Communication No. 140 - Denis Beaulne. The communication expresses concerns that
the traffic study does not address the issues for the streets south of the railway tracks and
north of Highway 420 Overpass and provides comments regarding the traffic congestion
on Dorchester Road.
His Worship Mayor Thomson introduced Mr. Gerry Forbes, Synectics, who
advised that he had been retained by the municipality and the Region to conduct an
analytical review of traffic operations and safety issues and to meet with the area residents
to determine the neighbourhood safety concerns; and provided a brief overview, through
the use of slides, of the purpose of the study; the process and methodology of the study;
residential problems and concerns; technical review concerns; impact of development and
short-tef~, and long-term considerations.
Frank DeLuca expressed opposition to the traffic signals on Freeman Street as this
would create traffic noise and congestion, and provided the following suggestions: to
remove Tim Horton's and Zehrs entrances onto Dorchester Road; to increase Dorchester
Road to three lanes; to establish a preferred truck route away from Dorchester Road; to
eliminate parking on side streets within 60 feet of Dorchester Road; to have no parking on
Dorchester Road from Lundy's Lane to Thorold Stone Road; have advanced waming lights
at Dianne Street; and to freeze all development along Dorchester Road.
Ken Colner, expressed c. ~ncems regarding the parking of vehicles on the grass
areas and of pedestrian safety a, ~ng the travelled portion of the road; he requested that
consideration be given to the construction of concrete curbs along the area of Lundy's
Lane and Frederica.
Bill Smeaton requested tl~at consideration be given to having restricted parking
between Lundy's lane and Leem~ng Street; referred to the "spill-over' effect of night time
parking in the residential area from the establishment that generates the parking needs;
and suggested that residents on the surrounding streets be requested to provide their input
regarding the spill over effect of bighttime parking.
Carol Jones commented on the need for stoplight at the intersection of Dorchester
and Freeman and requested that: Council make the right decision on this matter.
Suzanne Sloan referred to' lhe issue of curbing and of "slowing down" traffic in the
area of Lundy's Lane and Frederica Street; expressed concems regarding pedestrian and
children's safety while walking along the shoulder area; and requested that the area of
Lundy's Lane and Frederica Stre6l be reconsidered.
Discussions ensued regardi: ;g the option of an on-ramp from Morrison Street onto
the Q.E.W., and that the mattier of property availability for the Morrison Street
overpass/underpass be looked in~.' the speeding problems between Lundy's Lane and
Highway 420.
The Manager of Parking & ~,~affic responded to concerns expressed and advised
that the purpose of the study had j~een to identify short term solutions to problems that
exist and to identify some long tei. n altematives that need to be reviewed; he further
advised that the matter of traffic calming would be looked into.
Following the discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Campbell, that the matter be referred to staff Carried
Unanimously.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that the
communication be received and filed. Carried Unanimously.
RA TIFICA TION OF THE MUNICIPAL PARKING & TRAFFIC COMMITTEE ACTIONS
MW-99-90 - Chairperson, Municipal Parking & Traffic Committee - Re: Municipal
Parking & Traffic Committee Recommendations - June 15, f999 Meeting.
"']IT"--!
MW-99-85 - Brookfield Avenue at High Street. Intersection Control Review
The report recommends that a stop sign be installed on the east approach of High Street
at Brookfield Avenue.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that the
report be received and adopted. Carded Unanimously.
See By-law No. 99-134
R-99-37 - Chair, Canada Day Committee - Re: Canada Day 1999. The report
recommends that this report be received and filed for information.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the
report be received and filed. Carded Unanimously.
R-99-38 - Chair, Canada Day Committee - Re: Canada Day, Free Swimming. The
report recommends that City Council authorize free swimming at the four (4) Municipal
Pools on Thursday, July 1st, 1999 as part of the celebrations planned for Canada's 132~d
Birthday.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the
report be received and adopted. Carded Unanimously.
FS-99-04 - Chief Administrative Officer- Re: Orchard Grove Estates Extension -
Magnolia Drive; Access to Lots 30-33; 36-39; 42-45; 48-51; Designation of Private
Roadways as Fire Routes. The report recommends that Council approve the request to
the City by Fruitbelt Development to designate the private roadways as a Fire Route.
ORDERED on the motion of Alderman Feren, seconded by AIderman Pietrengelo, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-137
PD-99- 70 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-13/99, Jeff Dennington, Lyon's Parkway. The report recommends that Council defer
making a decision on the application until it has fully considered the issues surrounding the
extension of Lyon's Parkway to Ort Road.
- AND -
Communication No. f4f, Niagara Peninsula Conservation Authority.
communication advises as having no objection to the application.
The
- AND -
Communication No. 142 - Johnston & Marotta, Solicitors on behalf of Gertrude
Locher and Herman Grau. The communication provides background information and
comments on the zoning by-law amendment for AM-13/99.
- AND -
Communication No. 143 - Gerhard Grau.
the proposed zoning amendment..
The communication expresses opposition to
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 Notice of the Public Meeting had been given in
accordance with the Regulations by prepaid first c/ass mail on May 31, 1999.
His Worship Mayor Thomson received indication that Mr. Dave Brown, Solicitor on
behalf of the applicant and the applicant were in attendance 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Deputy Director of Planning and Development referred to the subject property
with the assistance of posted sketches; reviewed the information contained in the
Recommendation Report and advised that Council defer the application until the issues
surrounding the extension of Lyon's Parkway to Ort Road had been considered.
There was a positive response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a positive
response in opposition to the application.
Mr. Dat~ (~aluc¢i, a resident in the area indicated his support of the application.
Mr. Cl~isolm, a resident in the area advised that the purpose that he had purchased
property in the area was because of the peaceful and quiet atmosphere and expressed his
support of the application.
Mr. Gerharcf Grau, an abutting property owner, was in attendance on behalf of his
family and advised it had a/ways been assumed that the City would continue the
construction of Lyon's Parkway to Ort Road since he had been requested to sign a Quit
Claim for any interest he had over the travelled portion of L yon's Parkway; he advised that
his family had been paying taxes on the property for over 40 years and expressed strong
opposition to the approval of the application; he also indicated that should the application
be approved, his family's parcel of/and would become landlocked with the development
potential being eliminated.
Mr. Varty, a neighbouring property owner, commented on the removal of the
watershed which had created a water hazard in the area; expressed various safety
concems; enquired whether a cul-du-sac would be considered for his area.
In response to concerns expressed, the Deputy Director of Planning and
Development provided clarification on an agreement that had been signed between
Mr. Varty and the City regarding the property.
Mr. Dave Brown, Solicitor, provided some background information with regard to the
application and advised that all the individuals which had purchased property from Mr.
Scott contained specific information in their deeds of Right of Way covering that portion of
l_yons Parkway out to L yons Creek Road and stated that the Grau's family deeds did not
contain specific rights of way; and requested that Council approve the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-13/99, closed.
ORDERED on the motion of Alderman Feren, seconded by Alderman Micha/czyk, that the
report be deferred for one month to discuss the altemafives and authorize staff to
investigate the feasibility of road opportunities; to obtain an appraisal; the environmental
impact and the legal entanglement with the Grau family. Carded Unanimously.
ORDERED on the motion of Alderman Feren, seconded by Alderman Micha/czyk, that the
correspondence be received and filed. Carded Unanimously.
- 9 -
PD-99-72 - Chief Administrative Officer- Re: Regional Transfer; Subdivision and
Condominium Application. The report recommends the following: That Counc~ pass a
resolution: 1) requesting the Region to delegate approval authority to the City of Niagara
Falls for the applications indicated in this report; 2) requesting the Region to request the
Minister of Municipal Affairs and Housing to delegate approval authority to the City of
Niagara Falls for the applications indicated in this report; 3) indicating the City agrees to
abide by the subdivision and condominium post-transfer protocol.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 26
PD-99-74 - Chief Administrative Officer- Re: Actions Arising from the Local
Architectural Conservation Advisory Committee (LACAC). The report recommends that
City Council receive this report for information purposes.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
the report be received and filed. Can'fed Unanimously.
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the
actions taken in Corporate Services Committee, earlier this evening, be appreved:
Adoption of the May 31, 1999 Minutes of the Corporate Services Committee with
an amendment reflecting the declaration of conflict by Alderman Feren on Report
R-99-34, Millennium Clock.
Appointment of Chairperson, Corporate Services Committee- that Alderman Wayne
Campbell be appointed Chair of the Corporate Services Committee;
Election of Vice-Chairperson, Corporate Services Committee - that Alderman Selina
Volpattrs nomination as Vice-Chair of the Corporate Services Committee be
approved;
Niagara Transit - that Niagara Transit be authorized to purchase two vehicles for
delivery in the year 2000, to be funded through the City's Capital Budget Program;
Report F-99-26 - 1999 Rebate to Low Income Seniors; Water/Sewer Flat Rate
Accounts - that the water/sewer rebate program for low income seniors be approved
for the year 1999;
Report F-99-34 - Municipal Accounts - that the Municipal Accounts totalling
$856,652.78 for the period ending June 21, 1999 be approved;
Report/:-99-35 - Amendment of 1999 Tax Rate By-law - i) that the 1999 Tax Rate
By-law be amended to reflect the revised rates for the Industrial and Large Industrial
classes as detailed in this report; ii) that the levy due dates for the Commercial,
Industrial, Large Industrial, Multi-residential property classes be approved by a poll
of Council; iii) that these due dates be ratified by Council at the first meeting of
Council following the poll; iv) that information on the delay in billing for the
Commercial and Multi-residential sectors be advertised;
Report F-99-36 - Agreement with Caisse Populaire Welland for Computerized Bill
Collection Service - that the City of Niagara Falls enter into an agreement with
Caisse Populaire Welland for the service of computerized bill payments;
Report R-99-33 - Upcoming Recreational/Heritage Projects that will Require
Funding - that the report be received for information;
10-
10.
Report R-99-41 - Welcome Sign at Q.E.W. and Mountain Road - that the words
"Welcome To" be added to the Niagara Falls municipal identification sign located
at Mountain Road and the Q.E.W.;
11.
Report CD~99-20 - Reduction and Refund of Taxes; Section 443 of the Municipal
Act - that a reduction and Refund of Taxes under Section 443 of the Municipal Act
be made to the persons listed;
12.
Report MW-99-91 - Tender#10-96 - Landfill Equipment Rental - that the adjustment
to the houdy rate for Landfill Equipment rental, Tender #10-96, be approved;
13. New Business:
Request from Humane Society fcr City to provide traps and cages - Re: Cat By-law
- that the request from the HL!mane Society for additional funding relative to
enforcing the Cat By-law be received and filed;
- That staff report on the status oj'the new air handling system at City Hall.
Carried
See By-law No. 99-135
See By-law No. 99-139
CD-99-21 - Chief Administrative Officej'- Re: Special Occasion Permit: United Way;
Chippawa Volunteer Firefighters; N~'agara Falls Mens Fastball League; Royal
Canadian Legion Branch 51. The re~,ort recommends that Council indicate it has no
objection to the issuance of a Special C)~;casion Permit to the organizations listed in this
report.
ORDERED on the motion of Alderman P~etrengelo, seconded by Alderman Feren, that the
report be received and adopted. Carr/ed' Unanimously.
L-99-54 - Chief Administrative Officer :- Re: Property Standards Discharge of Order
Fees. The report recommends that the ~,ischarge fee for a Property Standards Order be
increased to $125.00, exclusive of disbui~.,~ements.
ORDERED on the motion of Alderman F?i,etrangelo, seconded by Alderman Craitor, that
the report be received and adopted. Ca/Tied Unanimously.
L-99-55 - Chief Administrative Officer- ~,~'e: Niagara Falls Humane Society; Amending
Agreement. The report recommends th~it the Agreement between the Niagara Falls
Humane Society and The Corporation of ~Ztte City of Niagara Falls dated January 12, 1999
be amended to extend the term of the AGreement to September 30, 1999.
ORDERED on the motion of Alderman FiSher, seconded by Alderman Campbell, that the
report be received and adopted. The motion Carried with Alderman loannon/ abstaining
from the vote on a conflict of interest and~v/ith aft others voting in favour.
;
See By-law No. 99-133
L-99-56 - Chief Administrative Officer',,- Re: Parking Enforcement Appointment;
Canada One Factory Outlet Mall. The report recommends that Council approve the
attached by-law, appointing Cantee Security staff as By-Law Enforcement Officers for the
purposes of enforcing parking restrictions at Canada One Factory Outlet Mall, 7500
Lundy's Lane.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
report be received and adopted. Ca~ed Unanimously.
See By-law No. 99-140
11 -
L-99-57 - Chief Administrative Officer - Re: Can Mar Manufacturing Inc.
Encroachment Agreement with the City; 5657 Victoria Avenue. The report
recommends that the report is for the infof~iiation of Council.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and filed. Canfed Unanimously.
L-99-58 - Chief Administrative Officer- Re: Closing Part of Hillside Place. The report
recommends that a portion of Hillside Place, designated as Part 3 on Reference Plan No.
59R-5277, be stoped up and closed.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Michalczyk, that the
report be received and adopted. The motion Carried with Mayor Thomson declaring a
conflict of interest on the matter.
See By-law No. 99-136
L-99-59 - Chief Administrative Officer- Re: Provincial Offences Act Administration
Task Group. The report recommends that the Provincial Offences Task Force be advised
that the City of Niagara Falls is prepared to act as a participating service provider and
agrees to sit on the Board responsible for court administration.
ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that the
report be received and adopted. Canfed Unanimously.
RA TIFICA TION OF COMMITTEE-OF- THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
actions taken by Committee-of-the-Whole, earlier this evening be adopted:
- That the current contract position of the "Jr: Traffic Operations Technician" be made
permanent. The motion Canfed with Alderman Ioannoni abstaining from the vote on a
conflict of interest and with all others voting in favour.
RESOLUTIONS
NO. 26 - FISHER -FEREN - BE IT RESOLVED THAT the Council of the Corporation of the
City of Niagara Falls hereby requests the Regional Municipality of Niagara to delegate
approval authority to the City of Niagara Falls for the following subdivision Applications:
26T-95016 (Revised); Beaver Valley Extension 1 (OMB); 26T-96001 (Revised)Warren
Woods; 26T-96007 Willick Road Estates; 26T-97018 (Revised)Beaver Valley Extension
2 (OMB); AND FURTHER, the Council of the Corporation of the City of Niagara Falls
requests the Regional Municipality of Niagara to request the Minister of Municipal Affairs
and Housing to delegate approval authority to the City of Niagara Falls for the following
Subdivision end Condominium Applications: 26T-87010 Parkway Acres; 26 T- 89022
Grand View River Estates; 26T-89038 (Revised); Ascot Woods Extension 5 Phase 3; 26T-
90003 (Revised) Muller Industrial Park; 26T-92003 Ascot Woods Extension 6; 26T-92015
(Revised) Southgate Estates; 26T-93008 (Revised) Mewbum Heights; 26T-93011
(Revised) Williams Subdivision; 26T-94001 Williams Subdivision 2; 26T-94009 Chippawa
Subdivision Phase 2; 26CD-88008; Dorchester Village Phase 3; 26CD-91003 Springdale;
26CD-92001 Valley View; AND FURTHER, The City agrees to abide by the subdivision
and condominium post transfer protocol as established by the Regional Municipality of
Niagara. AND the Seal of the Corporation be hereto affixed.
Canfed Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
Ill
12 -
99-132
A by-law to authoftze the execution of an agreement with F.J. Galloway
Associates Inc. respecting a Feasibility Study for the Potential Partnership
between the Family YMCA and the Boys and Gifts Club of Niagara and other
potential partners.
99-133
A by-law to authorize the execution of an Amending Agreement with the
Niagara Falls Humane Society with respect to providing dog control,
poundkeeper services and animal services to the City from time to time.
99-134
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Stop Signs)
99-135
A by-law to amend By-law No. 99-118 being a by-law to set and levy the
rates of taxation for City purposes, fro Regional purposes, and for Education
purposes for the year 1999.
99-136
A by-law to stop up and close part of Hillside P/ace on Plan No. 14, now
known as Plan No. 312, designated as Part 3 on Reference Plan No. 59R-
5277.
99-137
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.
99-138
A by-law to authorize the execution of a consulting agreement with Totten
Sims Hubicki Associates (1997) Limited respecting the Niagara Falls
Transportation Master Plan Update.
99-139 A by-law to authorize monies for Genera/Purposes (June 21, 1999)
99-140
A by-law to appoint Municipal By-law Enforcement Officers for the City of
Niagara Falls. (Canada One Factory Outlet Mall)
99-141 A by-law respecting appointments to certain Boards, Commissions and
Committees. (Appointment of Alderman Selina Volpatti to the Business
Development Advisory Committee)
The motion Carfted with Aldermen Campbell, Craitor and Ioannoni abstaining from the vote
on By-law No. 99-139 on conflicts of interest previously noted; Alderman Ioannoni
abstaining from the vote on By-law No. 99-133 and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
following by-laws be now read a second and third time:
99-132
A by-law to authorize the execution of an agreement with F.J. Galloway
Associates Inc. respecting a Feasibility Study for the Potential Partnership
between the Family YMCA and the Boys and Gifts Club of Niagara and other
potential partners.
99-133
A by-law to authorize the execution of an Amending Agreement with the
Niagara Falls Humane Society with respect to providing dog control,
poundkeeper services and animal services to the City from time to time.
99-134
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Stop Signs)
99-135
A by-law to amend By-law No. 99-118 being a by-law to set and levy the
rates of taxation for City purposes, fro Regional purposes, and for Education
purposes for the year ~ 999.
13 -
99-136
A by-law to stop up and close part of Hillside P/ace on P/an No. 14, now
known as Plan No. 312, designated as Part 3 on Reference Plan No. 59R-
5277.
99-137
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.
99-138
A by-law to authorize the execution of a consulting agreement with Totten
Sims Hubicki Associates (1997) Limited respecting the Niagara Falls
Transportation Master Plan Update.
99-139 A by-law to authorize monies for Genera/Purposes (June 21, 1999)
99-140
A by-law to appoint Municipal By-law Enforcement Officers for the City of
Niagara Falls. (Canada One Factory Oufiet Mall)
99-141 A by-law respecting appointments to certain Boards, Commissions and
Committees. (Appointment of Alderman Selina Volpatti to the Business
Development Advisory Committee)
The motion Carried with Aldermen Campbell, Craitor and Ioannoni abstaining from the vote
on By-law No. 99-139 on conflicts of interest previously noted; Alderman Ioannoni
abstaining from the vote on By-law No. 99-133 on a conflict of interest and with all others
voting in favour.
NEW BUSINESS
Chippawa Art Festival
Alderman Shidey Fisher advised members of Council of the First Chippawa Art
Festival being held on June 26th and 27% 1999 and invited everyone to attend.
Ferguson Jenkins Annual Chari~ Golf Classic
Alderman Wayne Campbell referred to the upcoming Ferguson Jenkins Annual
Charity Golf Classic being held at the Links of Rockway Glen on September 17, 1999 with
proceeds going to the Red Cross branches from Hamilton to Fort Erie.
Following some discussion, it was ORDERED on the motion of Alderman Campbell,
seconded by Alderman Michalczyk, that a foursome be formed to participate in the
Ferguson Jenkins Annual Charity Golf Toumament be approved. Carried Unanimously.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the
meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
TWENTIETH MEETING
SPECIAL COUNCIL MEETING
Counc~ Chambers
July 12, 1999
Council met on Monday, July 12, 1999 at 4:30 p.m. in a Special Meeting of Council
for the purpose of considering the Development Charges By-law. All members of Council,
were presenL His Worship Mayor Thomson presided as Chairman.
MISCELLANEOUS REPORT
L-99-61 - Chief Administrative Officer - Friesz Encroachment Agreement with the
City, Corner of Portage Road and Vine StreeL The report recommends to permit the
continuation of the encroachment of a parking lot upon the Vine Street road allowance at
the comer of Portage Road.
ORDERED on the motion of Alderman Feren, seconded by Alderman Puttick, that the
report be received and adopted with an amendment indicating that snow removal on
sidewalks be included in the agreement. Carried Unanimously.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
99-142
To authorize an Encroachment Agreement with John Friesz and Joseph
Friesz for the purpose of permitting the encroachment of a parking lot unto
the Vine Street mad allowance.
99-143
To amend By-Law No. 79-200, as amended.
Carried Unanimously
ORDERED on the motion of Alderman Michalczyk, seconded by Aldemian Creitor, that the
following by-laws be now read a second and third time:
99-142
To authorize an encroachment agreement with John Friesz and Joseph
Friesz for the purpose of permitting the encroachment of a parking lot unto
the Vine Street road allowance.
99-143 To amend By-Law No. 79-200, as amended.
Carried Unanimously
COMMUNICATIONS
Communication No. 144 - The Regional Municipality of Niagara, Community Sewices
Department - Re: Establishment of a Community Advisory Committee for Adult Day
Services. The communication advises of the establishment of a Community Advisory
Committee to provide insight into the needs of older adults in Niagara Falls and in
detemiining how a new Day Program can meet those needs and requesting the nomination
of an individual who would be willing to serve on the Advisory Committee.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that
Alderman Selina Volpatti be appointed to serve on the Community Advisory Committee.
The motion Carried with Alderman Craitor abstaining from the motion on a conflict of
interest because a family member is employed by the Region and with all others voting in
favour.
DEVELOPMENT CHARGES BY-LAW
MW-99-94 - Chief Administrative Officer- Re: Development Charges By-law. The
report recommends the following:
That the Residential Development Charges Rates contained in the By-law be
approved;
That the Non-Residential (Commercial) Development Charges Rates of $1,19/ft.2
($12. 81/m~) city-wide and $3. O0/ft? ($32.29/rn~) for the core tourist area contained
in the By-law be approved;
That the Non-Residential (Industrial) Development Charges Rates of $3,027/acre
($7,480/ha) contained in the By-law be approved.
His Worship Mayor Thomson advised that the purpose of the public meeting was
to consider the Development Charges By-law.
The City Solicitor introduced Mr. Cam Watson, Economic Consultant, who was in
attendance to respond to any questions; he reviewed the proposed development charges
by-law and the underlying background study; discussed the options that Council had to
consider,' and the effects and negative aspects of those options; he advised that
development charges were not a tax but a user fee and recommended that Council
approve the by-law.
The Director of Planning and Development referred to the future capital projects and
the expected development and growth in Niagara Falls and indicated that the
Development Charges By-law was an implementation tool that would reflect and achieve
the Municipality's objectives.
Ms. Caroline Bones, Chamber of Commerce, advised that the Chamber of
Commeme was in support of continued development in the City but expressed concerns
with respect to the increased development charges; and indicated the Chamber would
encourage freezing the existing development charges, then "phasing-in" the new rates.
Mr. George Yerich, SkyIon Tower, was of the opinion that large increases in
development charges would impact future development.
Mr. Anthony DiCienzo, Skyline Hotels, expressed concems on the amount of
taxes that hotels were presently paying along with the proposed increases in development
charges.
Mr. Tony Zappitelli, Sheraton Fallsview Hotel, advised that the proposed
development charges would have severe impacts on the hotel industry, which would result
in room rate increases. He further requested that no consideration should be given to
development charges until the year 2001.
Mr. Vince Kerrio, expressed the opinion that the tourist sector was paying their
share of taxes and suggested that consideration be given to the amount of taxes that will
be generated following the completed hotel projects; and requested that the development
charges be set at a fair and equitable rate to all.
Ms. Italia Gilberti, Solicitor, Marriott Hotel, indicated as being in disagreement
with the proposed development charges and requested that Council consider a fair and
equitable development charges rate.
The Manager of Development provided clarification regarding the new vs the old
development charges rates and responded that if a building permit was applied for prior
to August I, 1999, the development charges would be honoured at the old rate.
Mr. John Broderick, Solicitor, Ramada Suites, referred to the ongoing,
substantial taxes being paid by tourist developers and expressed concems that the upfront
additional tax that was being proposed is "unfair'.
The Manager of Development provided clarification on the means and methods that
were used for determining development charges.
Following the discussion, the City Solicitor requested that the Report be approved
with the following amendments to the By-law:
Section 15. (2) Notwithstanding subsection (1), the owner may defer payment of
applicable non-residential development charges by entering into an agreement with the
City, which may be registered on title, and which shall provide payment as follows:
10% payment of the development charges at the issuance of a building
permit or conditional building permit;
25% payment of the development charges at the end of one year from the
date of the issuance of the building permit or the conditional building permit
referred to in subsection (a) above; and,
the balance of the development charges to be paid within six months of the
opening of the owners development to the public or two years from the date
of the issuance of the building permit or the conditional building permit
referred to in subsection (a) above, whichever is the earlier.
Since there were no further comments forthcoming, His Worship Mayor Thomson
declared the meeting with regard to the Development Charges By-law closed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that the
report be received and adopted and the proposed development charges by-law be
approved as amended. The motion Carded with Alderman Fisher abstaining from the vote
on a conflict of interest and with all others voting in favour.
RESOLUTIONS
RESOLUTION NO. 27- MICHALCZYK- PIETRANGELO - WHEREAS pursuant to
subsection 12(1) of the Development Charges DEVELOPMENT CHARGES B Y-LA W Act,
1997 (the '~ct'~ Council held a Public Meeting on May 26, 1999 at which time the proposed
Development Charges By-law (the "By-law'> was made available to the public at least two
weeks prior to the said Public Meeting; AND WHEREAS the By-law has been changed
following the said Public Meeting. NOW, THEREFORE, BE IT RESOLVED THAT Council
does determine, in accordance with subsection 12(3) of the Act that the changes to the
proposed By-law are minor in nature and a further meeting under section 12 of the Act is
not necessary.
The motion Carded with Alderman Fisher abstaining from the vote on a conflict of interest
and with all others voting in favour.
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that leave be granted to introduce the following by-law and the by-law be read a first time:
99-144 Development Charges By-law.
The motion Carried with AldeiTi~an Fisher abstaining from the vote on a conflict of interest
and with all others voting in favour.
ORDERED on the motion of AIdef~iian Pietrangelo, seconded by Alderman Volpatti, that
the following by-law be now read a second and third time:
99-144 Development Charges By-law.
The motion Canfed with Alderman Fisher abstaining from the vote on a conflict of interest
and with all others voting in favour.
ORDERED on the motion of AIden~an Pietrangelo, seconded by Alderman Volpatti, that
the meeting be adjourned. Carried Unanimous/y.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
TWENTY-FIRST MEETING
COMMITTEE-OF-THE-WHOLE
Committee Room #2
July 19, 1999
Council met on Monday, July 19, 1999 at 4:30 p.m. in Committee-of-the Whole. All
members of Council, with the exception of Alderman Judy Orr, who was away due to
illness, were present. Alderman Carelynn Ioannoni presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
DISCLOSURES OF PECUNIARY INTEREST
Alderman Campbell indicated a pecuniary interest on Report R-99-42 because he
is employed by the School Board.
Alderman Craitor indicated a pecuniary interest on Report F-99-39, Cheque Nos.
M92691; 245724;245625; 245507; 245910; M92677; M92687; M92686; M92681, because
a family member is employed by the Region.
Alderman Fisher indicated a pecuniary interest on Report F-99-39, Cheque Nos.
245735 and 245736 because she is Chair of the recipient organizations.
Alderman Ioannoni indicated a pecuniary interest on Report HR-99-07.
Alderman Michalczyk indicated a pecuniary interest on Report FS-99-05, because
he is a volunteer firefighter.
Alderman Pietrangelo indicated a pecuniary interest on Report PD-99-75 because
a family member is involved in matters dealing with testamentary devise.
Alderman Volpatti indicated a pecuniary interest on Report PD-99-78 because a
family member resides in close proximity to the application; and indicated a pecuniary
interest on Report MW-99-96 because she resides in the area.
Alderman Wing indicated a pecuniary interest on Report R-99-44, because of her
status as an Officer of the Charity.
PRESENTA~ONS
Niagara Falls Visitor & Convention Bureau
Ron York, Chairman, Niagara Falls Visitor & Convention Bureau congratulated
and presented a "Honeymoon Certificate" to Alderman Paisley Janvary-Pool on the
occasion of her recent marriage to Mr. Bill Pool.
World Special Olympics
His Worship Mayor Thomson congratulated and presented a token of appreciation
to Lynn Marie MacLean, a Special O /mpics Athlete who had won two Bronze medals for
the lO-pin bowling event, at the Wod~'~' Special Olympic Games held in North Carolina. She
was accompanied by her Coach, Joe Ricci, who presented the City with the Pennant
which was acquired at the World Special Olympic Games in North Carolina.
.C~EPUTA~ONS
ParticipACTlON - Community Animation
Randy Mullin, ParticipAC~fON-Community Animation, provided a video
presentation on the Trans Canada~ Trail Relay 2000; advised that the relay would be
coming to Niagara Falls the second o,r third week of August, 1999; and invited the City of
Niagara Falls to participate in the e~,ent and requested that Council endorse the Relay
2000 as one of the official millennium celebrations.
Following the presentation, it was ORDERED on the motion of Alderman Janvary,
seconded by Alderman Fisher, that the matter be referred to the Millennium Committee.
Carried Unanimously.
Ontario Amputee and Les Autres Sports Association
Bob Fox, President, of the On~tario Amputee & Les Autres Sports Association,
advised that the organization would be hosting the 1999 Canadian Amputee Open Golf
Championship being held from August 12-14, 1999; requested that Council proclaim the
week of August 9, 1999 as "1999 Canadian Amputee Open Golf Championship Week" and
thanked members for the opportunity to address Council.
ORDERED on the motion of Alderman Feren, seconded by Alderman Janvary, that the
week of August 9, 1999 be proclaimed as 1999 Canadian Amputee Open Golf
Championship Week. Carried Unanimously
Niagara Bigga Tomatafest
Debbie Whitehouse, Chairman, 1999 Tomatafest, introduced the Committee s
representatives Kathy Murray, Winter Festival of Lights; Lou Stallone, Club Italia and Janie
Palmer, United Way of Niagara Falls to members of Council; provided a brief summary of
the scheduled events and requested that Council proclaim the week of August 9 - 15, 1999
as "Niagara Bigga Tomatafest Week~'.
Following the presentation, it was ORDERED on the motion of Alderman Campbell,
seconded by Alderman Craitor, that the week of August 9 - 15, 1999 be proclaimed as
"Niagara Bigga Tomatafest Week". Carried Unanimously.
Canadians for a Clean Environment
Dennis Neville and Patrick Howe, Canadians for a Clean Environment
expressed concerns on a proposed transport and incineration of municipal solid waste
from the City of Toronto to a facility in Niagara Falls, N. Y.
Following the discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Aldeniian Fisher, that the matter be referred to sta~.. Carfled Unanimously.
Daylighting Triangle Dedication
Ms. Tina Mammarella and Ms. Josie Eldon, 4579 Huron Street, stated that at the
meeting of June 7, 1999, Council had approved their zoning amendment for a Bed and
Breakfast subject to the condition of a 4.57 metre daylighting triangle dedication and
requested relief from the condition.
The Director of Municipal Works responded that this was a standard condition for
applications and that the purpose of a daylighting triangle dedication was to provide site
lines in order that views were not obstructed and to ensure proper visibility at intersections.
Following the discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Feren, that the matter be referred to staff for a further report.
Carfled Unanimously.
PLANNING MATTERS
PD-99-76 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-14/99; 3241 Montrose Road and Part of 3296 Matthews Drive; Victoria Meadows
Townhomes Inc; Proposed 24-Unit Townhouse Development. The report recommends
that Council approve this application to permit the development of a 24-unit townhouse
project conditional upon:
A site specific by-law being applied to the site in order to address provisions such
as building area, number of units, percentage of landscaping, parking, setbacks and
other related regulations;
That the tree saving plan be incorporated into the site plan agreement in order to
ensure that its results are implemented.
- AND -
Communication No. 145 - Hal Ying Ye and Tommy Groppino. The communication
advises as being in opposition to the application.
Communication No. 146 - Ms. Pare Crocco. The communication advises as being in
opposition to the application.
Communication No. 147 - Klein Building Company Limited. The communication
expresses opposition to the proposed zoning by-law amendment application.
Communication No. 148 - Robert & Celestina Bignucolo. The communication provides
comments with respect to the maintenance of the existing mature trees between their
property line and the proposed new townhome complex.
Communication No. 149 - Mr. John Kendall, Victoria Meadows Townhomes Inc. The
communication comments on the commitment of the applicant with regard to the
preservation of a three metre "Natural Zone" along the west and north property lines and
a brick entry gate similar to the one presented in their prospective drawing of the
development.
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 Notice of the Public Meeting had been given in
accordance with the Regulations, on June 19, 1999.
His Worship Mayor Thomson received indication that Mr. Victor Muratori, 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development provided information on the proposed
application with the assistance of posted sketches. He discussed the issue of tree
preservation for buffering purposes; maintaining the heavy landscaping density of the
project and advised that this form of housing was favourable and in conformity with the
Official Plan and recommended support of the application.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a positive
response in opposition to the application.
Mr. Tom Groppino, 3238 Matthews Drive, expressed concem regarding multiple
housing and of the accompanying noise and pollution and property devaluation from such
developments; he also suggested that the applicanrs land not be higher than the bordering
area in order that there is no overflow onto surrounding properties.
Mrs. Amy Bignucolo on behalf of Mr. and Mrs. Robert Bignucolo, requested that
the developer maintain the greenbelt area and the existing mature trees.
Mr. A. Pellgrini, 3223 Montrose Road advised that the applicant had confirmed to
maintain as much of the existing mature trees, shrubs and brush as possible between the
properties and the proposed townhouse project; and would add the necessary trees and
shrubs to create a natural visual barrier between the applicanrs property while maintaining
the existing rustic appearance.
Mr. Sandro Borghesi, 3296 Matthews Drive, indicated that he was in favour of
the application.
Mr. Victor Muratori, Solicitor, advised that the applicant had accepted the
conditions as set out in the recommendation report; referred to the preservation of trees
on the site; indicated that the proposal was geared to the senior/retirement community by
a quality, local builder and requested that Council approve the proposal
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-14/99, closed.
ORDERED on the motion of Alderman Volpatti, seconded by AIdeRi~an Fisher, that the
report be received and adopted and that interested residents be involved in the site plan
process. The motion Carried with Aldermen Campbell, Craitor, Michalczyk and Pietrangelo
voting contrary to the motion and with all others voting in favour.
ORDERED on the motion of Alderman Volpatti, seconded by AIderman Fisher, that the
correspondence be received and filed. Carried Unanimously.
PD-99-77- Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-f5/99, Metro Development c/o Eric Henry; Costabile Drive and Francesco
Avenue; Meadow Creek (Phases 2) Plan of Subdivision. The report recommends the
following:
1)
That Council approve the Zoning By-law Amendment application to ensure that
single detached dwellings with minimum floor area of 1, 100 square feet and
attached garages are constructed on the subject lots and blocks;
2) That Council pass the related amending by-law appearfng in Councirs agenda.
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 Notice of the Public Meeting had been given in
accordance with the Regulations, on June 18, 1999.
His Worship Mayor Thomson received indication that Mr. AI Gibon, Matthews &
Cameron, was in attendance on behalf of the applicant and received a negative response
to his request for a show of hands by persons present who were interested in the
aapplication. He requested that aft 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the information contained in the
recommendation report and advised that the application could be supported and the
amending by-law passed and recommended approval of the application.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-15/99, closed.
- 6 -
ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
See By-law No, 99-148
PD-99-78 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-16/99, 3369 St. Paul Avenue; Applicant: Valerie Rowe; Proposed Bed and
BreakfasL The report recommends that Council approve the application to permit a bed
and breakfast accommodation for not more than three bedrooms at 3369 SL Paul Avenue..
- AND -
Communication No. 150 - Leo and Heather Martineau. The communication advises as
being opposed to the bed and breakfast venture as it would seriously effect their pfivacy
and future value of their home.
Communication No. 151 - Valerie Rowe. The communication addresses the concems
expressed by Leo and Heather Martineau in their correspondence.
Communication No. 1,52 - The Regional Municipa~ty of Niagara. The communication
advises as having no objection to the rezoning application and provides comments on
Road Widening; Servicing and Survey Evidence.
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 Notice of the Public Meeting had been given in
accordance with the Regulations, on June 18, 1999.
His Worship Mayor Thomson received indication that the applicant, Valefie Rowe,
was in attendance and received a negative response to his request for a show of hands
by persons present who were interested in the application. He requested that a~ 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.
His Worship Mayor Thomson advised that failure to make oral or wfitten
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board heafing.
The Director of Plaf~ning and Development referred to the subject property with the
assistance of posted sketches and stated that the application to allow for a Bed and
Breakfast facility would be compatible to Council's policies and recommended approval of
the application.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-16/99, closed.
ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the
report be received and adopted. The motion Carried with Alderman Volpatti abstaining from
the vote on a conflict of interest previously noted and with all others voting in favour.
ORDERED on the moiion .c,f Aldetii~an Feren, seconded by Alderman Craitor, that the
correspondence be received and filed. Carried Unanimously.
See By-law No. 99-149
PD-99-82 - Chief Administrative Officer - Re: Official Plan Amendment No. 26; New
Tourism and Resort Commercial Policies and Related Land Use Designation and
Map Changes; City File: AM-23/98. The report recommends the following:
That Council approve the attached Official Plan Amendment No. 26 which will
provide a new vision and planning strategy for tourism growth and development in
the City;
That the comments received by those having an expressed interest in the City's
tourism planning initiatives be addressed in the amendment provided that they are
minor in nature and in keeping with the intent of the policies;
That staff be directed to prepare the by-law necessary for Council to repeal Official
Plan Amendment No. 22 and adopt Official Plan Amendment No. 26;
That Council authorize the preparation of a Streetscape Master Plan to effectively
implement the greening and beautification progremmes outlined in the new tourism
policies;
That staff be directed to prepare a by-law to implement Councirs Tourist Area
Development Application Guide and specify what constitutes a complete rezoning
application for the City's tourist areas.
- AND -
Communication No. 153 - IBI Group. The communication expresses specific concerns
on Schedule "F"; "Figure 4" and "Map 1" and provides comments with respect to those
concerns on behalf of the Ontario Hydro Services Company.
Communication No. 154 - HOCO - Sir Harry Oakes Company. The communication
comments and advises as having objections around two areas: of concern: 1)The Public
Trail System on top of the Escarpment; and 2) The Green Open Space designation.
Communication No. 155 - Brian Sinclair- Re: Karen DeGiorgio lands on the north
side of McLeod Road, west of Stanley Avenue abutting the hydro corridor. The
communication advises as having no objection to the new Official Plan, but requests that
the appropriate designation for these lands be tourist commercial as opposed to
residential ,
Communication No. 156 - Ministry of Transportation. The communication advises as
having no objections to the Tourist Area Development Strategy.
Communication No. f57 - Inch, Easterbrook & Shaker. The communication advises as
being in support of the Tourist Area Development Strategy being implemented, subject to
the requested modifications.
Communication No. 158a) The Niagara Parks Commission. The communication
comments on Architectural Peer Review; Linkages and Pedestrian Walkway; Escarpment
Area Abutting Queen Victoria Park; parking and Transportation; Satellite Districts. - AND -
Communication No. 158b) The Niagara Parks Commission. The communication
suggests wording changes to OPA 26.
Communication No. 159 - The Regional Municipality :of Niagara, Planning and
Development Department. The communication advises as being in support of the
proposed policies, subject to the City's consideration of the comments provided on the
proposed amendment. ,,-.
His Worship Mayor Thomson declared the Public Meeting open and road the
proceduro to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with the Regulations, on June 18, 1999.
His Worship Mayor Thomson received a positive response to his roquest for a show
of hands by persons prosent who were interosted in the application. He requested that all
persons wishing to roceive further notice of the passage of the by-law submit their names
and addresses to the Clerk prior to leaving the meeting.'
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development provided a brief overview of the process
of the "made in Niagara" Official Plan for Tourism; advised that the amendment covered
the policies for Tourism development; development for Marine/and and a large land roserve
called Resort Commercial; discussed the Open Space plan issues and the creation of a
comprohensive trail system along the top bank; reviewed the five fundamental principals
contained in the new tourism policies: 1) the beautificaZion and greening of the City by
extending the Queen Victoria Park setting; 2) the into,grated elevated People Mover
System; 3) the modified Grand Boulevard Concept; 4) the, new casino complex to be fully
integrated into the community; 5) setting out the maximum heights permissible by tourist
district providing for Low Rise, Medium Rise and High Rise would provide for some
flexibility when dealing with Building Heights and Massing; he advised that the issue of
bonusing, densities, setbacks, of coverages and viewplanes have been eliminated and that
an Architectural Peer Review would only apply to the. fTighest developments over 10
storeys; and suggested approval of the recommendatio~t>s.
There was a negative rosponse to Mayor ThomSon's request for comments from
persons, other than the applicant or his agent, in suppor[ ',of the application and a positive
rosponse in opposition to the application.
Mr. Bill Amadio, Solicitor, on behalf of Niagara Glen View Tent & Trailer Park
Limited referred to the Minutes of July 13, 1998 and advised that the motion with respect
to Policy 4.2.32 had not been incorporated into Official Plan Amendment #26 and
requested that Policy 4.2.34 be amended to reflect the'resolution made at the July 13,
1998 Council meeting indicating that height restrictions be appropriate to the re-
development, but shall not exceed the maximum allowed ~rn the Central Tourist District.
Following some discussion, it was ORDERED on t~be motion of Alderman Volpatti,
seconded by Alderman Feron, that Policy 4.2.34 be amen~I6!d to roflect the rosolution made
at the July 13, 1998 Council meeting which indicates thi~t "height rostrictions shall be
appropriate to the re-development, but shall not exceed the maximum allowed in the
Central Tourist District". Carried Unanimously.
Mr. John Broderick, Solicitor discussed land use ~l~olicies; the Architectural Peer
Review Policies and the rozoning application guide; he suggested the implementation of
a comprohensive zoning by-law and; requested further clarification with respect to "built
form design".
The Director of Planning & Development discusse':,d the issue of the Official Plan
and the implementation of zoning and stated this would be a 'y3olicy-led' system; he further
provided clarification on the issue of "built form or urban design".
Discussion was held on the issue of "Peer Review" and the recommendations of the
Niagara Parks Commission.
Following the discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Wing, that the following Recommendation of the Niagara Parks
Commission regarding Architectural Peer Review be integrated in the OPA No. 26:
"Proponents of development or redevelopment plans within Tourist Districts adjoining
Niagara Parks Commission property shall, pursuant to section 34 (10. 1) of The Planning
Act, complete the Architectural Peer Review process prior to making formal application for
a zoning by-law amendment. An Alternative Dispute resolution mechanism shall be used
in the Peer review process to resolve any disputes. The Alternative Dispute Resolution
mechanism shall have a limited time frame for completion and all decisions shall be
binding. Carried Unanimously.
Mr. Harry Oakes, HOCO, referred to Figure 3 of the OPA with respect to the Open
Space Plan which needed to be adjusted subject to the 2% land dedication and was of the
opinion that Figure 3 should be brought into greater alignment and conformity.
Following some discussion, it was ORDERED on the motion of Alderman
Pietrangelo, seconded by Alderman Fisher, to amend the Open Space Plan to delete the
Open Space and Environmental Protection area designations above the top of the bank.
Canfed Unanimously. . '
ORDERED on the motion of Alderman Fisher, seconded by Alderman Ioannoni, that the
location of the escarpment walkway through the Oakes property be incorporated into the
Streetscape Master Plan. Carried Unanimously.
Ms. Italia Gilberti, Solicitor on behalf of the members of the Victoria BIA and
Romzac Ltd., advised that at the July 13 Council meeting Council had not approved the
rezoning guide as set out in the TADS study and requested that the amendment be
included; referred to the designation of Marineland and the new land use policy;
requested that Policy 6.3 with respect to a theme park accommodation facilities be deleted
except for the first sentence of the policy.
The Directorof Planning advised that from a planning perspective, the theme park
accommodation facilities was a good concept; and provided information with respect to the
term "conceptually complete'~ :
Following some disc~.ssion, it was ORDERED on the motion of Alderman
Pietrangelo, seconded by Alderman Feren, to include in the basis of OPA #26 that Council
adopt the rezoning application guide as set out in the TADS study on July 13, 1998.
Canfed Unanimously.
Mr. Holer, Marineland, requested clarification on the boundaries as presented in
Schedule 1, and was advise~ by the Director of Planning and Development that precise
boundaries of the property had been designated theme park designation of/ands as
provided by his Solicitor and that the property on the south side of We/land River, west of
Stanley Avenue was to be de.Signated Resort Commercial to permit open space uses such
as theme parks, campgrour~ds.
Mr. Holer stated that in order to build a successful theme park, accommodations
should be provided on the site and requested that "accommodations" be included for a
future theme park facility.
Discussions ensued with respect to "theme park" designation and resort commercial
designation purposes.
10 -
Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo,
seconded by Alderman Volpatti, that any accommodation development on Marine/and
Theme park property be zoned Tourist Commercial. Carried Unanimously.
Mr. Don May, on behalf of the Yerich property, referred to Figure 3, Open Space
Plan and requested that the Green Open Space and Environmental Protection Area
designation be deleted; referred to Figure 2 - Street System - requested that the schematic
representation of the Grand Boulevard extending southwesterly from Robinson Street to
Buchanan Avenue be deleted and that a policy similar to 4.1.22(b) for the lands between
Robinson and Murray Streets with an additional policy to coordinate vehicular circulation
through these lands to complement the comprehensive Streetscape Master Plan (4.4.24);
referred to Figure 3 - Open Space Plan and requested that the schematic representation
of the tree-lined boulevard between Robinson and Murray Streets be deleted and further
to add a policy similar to r. 1.22(b) to implement the Grand Boulevard concept through the
site with respect to the People Mover system and pedestrian circulation,'
Mr. May referred to Part 2, Section 4 - Tourist Commercial and requested that a
sentence be added after the "grandfatherlng" policy at the end of Part 2, Section 4
(Preamble) "That this policy does not create any additional requirements on the adjoining
lands"; referred to Policy 4.2.13 and requested that a sentence be added at the end of
policy 4.2. 13 "That the definition for third-party advertising as well as guidelines and
grandlathering are to be developed in consultation with the Niagara Parks Commission and
the adjoining landowners.'
Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo,
seconded by Alderman Fisher, to amend the Open Space p/an to delete the open space
and environmental protection area designations above the top of bank. Carried
Unanimously.
ORDERED on the motion of Alderman Feren, seconded by Alderman Puttick, that the
location of the escarpment walkway through the Yerich property be incorporated into the
Streetscape Master Plan. Canfed Unanimously
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Puttick, that the
schematic arrow depicting the Grand Boulevard extending southwesterly from Robinson
Street to Buchanan Avenue be deleted and that a policy be added similar to 4.1.22(b) for
the SkyIon property. Carried Unanimously.
ORDERED on the motion of Aldeniian Puttick, seconded by Alderman Feren, that the
"grandfathering' policy does not cause additional requirements to be satisfied for lands
which adjoin lands exempted from the Official Plan AmendmenL The motion Canfed with
Aldermen Wing & Ioannoni voting contrary to the motion and with all others voting in
favour.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Ioannoni, that a
definition for Third-Party Advertising and Guidelines be developed in conjunction with the
Niagara Parks Commission. Carried Unanimously.
Mr. Muratorl, Solicitor on behalf of the Best Westem Fallsview, Hospitality Motels
Ltd., Hilton Renaissance, discussed the issue of the alignment of the Grand Boulevard
(Policy 4.3.6 and 4. 1.14) and the change in traffic pattems; he requested that the language
be amended to indicate where the link would appear.
It was moved by Aldei~iian Fisher, seconded by Alderman Janvary, that approval
be granted to proceed past 11:00 p.m. Canfed Unanimously.
11
The Executive Director of Community Services advised that the Parking and Traffic
study along with key players would be addressing the issue of the Grand Boulevard and
what the appropriate alignment will be. He indicated that details would be worked on
based on the study and input from the key players.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-23/98, closed.
ORDERED on the motion of Aldeniian Feren, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the
correspondence be received and filed. Ca/led Unanimously.
PD-99-75 - Chief Administrative Officer- Re: Testamentary Devise Parcels; Official
Plan and Zoning Amendment Proposals. The report recommends that Council authorize
a public meeting to be held under the Planning Act for the purpose of establishing new
Official Plan policies with respect to developing testamentary devise parcels.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the
report be received and adopted. The motion Canfed with Alderman Pietrangelo abstaining
from the vote on a conflict of interest and with all others voting in favour.
PD-99-79 - Chief Administrative Officer- Re: Zoning by-law Amendment Application;
AM-16/95, Lots 18, 19 & 20 Willoughby Drive; Applicant: Niagara Christian Church;
Amending By-law. The report recommends that Council adopt the amending by-law on
tonighrs agenda to change the zoning of the subject lands from I to R2 in order to permit
the lands to be developed for semi-detached dwellings.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the
report be received and adopted. Ca/led Unanimously.
See By-law No. 99-147
PD-99-80 - Chief Administrative Officer- Re: Application for Site Plan Approval; SPC-
11/99, 4421 Drummond Road; Proposed Expansion to Autoline Toyota. The report
recommends that Council approve the site plan for a proposed 8, 000 sq. Ft. addition to
Autoline Toyota.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that the
report be received and adopted. Ca/led Unanimously.
PD-99-83 - Chief Administrative Officer- Re: Application for Site Plan Approval; SPC-
14/99, 6348 Lundy's Lane; Proposed Reconstruction of McDonald's Restaurant. The
report recommends that Council approve the site plan for the proposed reconstruction of
McDonald's restaurant at 6348 Lundy's Lane.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Ioannoni, that the
report be received and adopted. Ca/led Unanimously.
PD-99-84 - Chief Administrative Officer- Re: Orlando Place Draft Plan of
Condominium; File: 26CD-11-9901; Owner.' 1338245 Ontario Inc. (Park Place Homes)
The report recommends the following:
1)
That the Orlando Place Plan of Condominium be approved subject to the conditions
in the attached Appendix;
That the Mayor or designate be authorized to sign the draft plan as "approved' 20
days after notice of Councirs decision has been given as required by the Planning
Act, provided no appeals of the decision have been lodged;
12 -
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 Fisher, seconded by Alderman Pietrange/o, that the
report be received and adopted. Carried Unanimously.
REGULAR COUNCIL MEETING
Alderman Ioannoni requested that the Minutes of June 21, 1999 be amended to
reflect her voting contrary to the motion dealing with the Jr. Traffic Operations Technician
matter and abstaining from the vote on Report L-99-55 and on By-law No. 99-133 on a
conflict of interest.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
the Minutes of June 21, 1999 Council meeting be approved as amended. Carried
Unanimously.
MA YOR'S REPORTS, ANNOUNCEMENTS, REMARKS
Letters of Condolence
ORDERED on the motion of Alderman Janvary, seconded by Alderman Feren, that a letter
of condolence be forwarded to the Kennedy and Bessette families on their recent loss.
Carried Unanimously.
Partners in the Sky Fundraiser
His Worship Mayor Thomson advised that Alderman Kim Craitor would be
parachuting out of an airplane on August 7, 1999 as part of a fundraising event in support
of the Boys and Girls Club of Niagara; and circulated a pledge form for anyone wishing
to support Alderman Craitor in this endeavour.
COMMUNICATIONS
Communication No. 160 Downtown Niagara Falls - Re: New Board of Management.
The communication requests that Council approve the new Board of Management for the
Downtown Business Improvement Area and approve their 1999 budget.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
Communication No. 161 - Club Niagara - Re: Barbecue fundraiser. The
communication requests Council permission to hold a Barbecue fundraiser on July 29,
1999 from 10:00 a.m. to 2:00 p.m., with proceeds going to fund the registration fees for an
upcoming International Conference for Mental Health Consumer/survivors in October,
1999.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that
permission be granted. Carried Unanimously.
Communication No. 162 - Corporation of the County of Essex, Office of the Chief
Administrative Officer - Re: Infrastructure Funding. The communication requests that
Council support a resolution petitioning the Federal and Provincial governments to bring
fort/yard a comprehensive infrastructure program for municipalities which will be funded
equally by the Federal, Provincial and Local governments.
13 -
ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the
request be supported, CatTied Unanimously.
Communication No. f63 - Robert G. Wilson, 4869 Roberts Street- Re: Parking Lot
Signs; Cost of Parking; Parking Signs on Victoria Ave., and Turning off Victoria at
Roberts Street heading WesL The communication comments on the various concerns
outlined.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the
correspondence be received and filed forthe Information of Council. Carried Unanimously.
Communication No. 164 - Tanguay Place, Welland - Re: Fundraiser. The
communication advises that a fundraiser is planned on behalf of the Niagara District
Homes Committee for the Physically Disabled who run Tanguay Place with a challenge to
Council being locked up in jail at Niagara Square.
ORDERED on the motion of Alderman Campbell, seconded by AIderman Volpatti, that the
correspondence be received and filed for the Information of Council.
Communication No. 165 - Ministry of Finance - Office of the Minister - Re: Public
Health and Land Ambulance Service. The communication responds to correspondence
regarding the Province's decision to share the costs of public health and land ambulance
services.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the
correspondence be received and filed for the Information of Council. Carried Unanimously.
Communication No. 166 - City of St. Catharines - Re: Lincoln and Welland Regiment.
The communication requests that Council support a resolution that affirms the City of SL
Catharines' its strong unwavering support for the Lincoln and Welland Regiment and the
continuation and enhancement of the Regiment.
ORDERED on the motion of Alderman Campbell, seconded by AIderman Volpatti, that the
request be supported. Carried Unanimously.
Communication No. f67 - The Regional Municipafity of Niagara - Office of the
Regional Clerk - Re: R'resolution - "Made in Niagara Governance Model". The
communication requests that the support and comments of the local governments of
Niagara be solicited forthwith and reported to the Committee.
ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Ioannoni, that
the matter be referred to staff. Carried Unanimously.
Communication No. 168 - Jack Stephensen - Re: Resignation. The communication
advises of resignation as a memberof the 1900-1950 Sports Wall of Fame Ere Committee.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Feren, to accept
the resignation with regrets and to forward the correspondence to the Committee. Carded
Unanimously.
Communication No. f69 - Ministry of Transportation - Re: Amendment of Ontario
Regulations; Speed Zone Change on Highway 405; Regional Municipality of Niagara;
Town of Niagara-On-The-Lake and City of Niagara Falls. The communication advises
that the Ministry of Transportation is amending existing Ontado Regulation for Speed Limits
on Highway 405 near the Queenston-Lewiston Tollbooth in order to reduce the speed
gradually from f OOkm/h to 60km/h.
ORDERED on the motion of Alderman Feren, seconded by Alderman Puttick, that the
correspondence be received and filed forthe information of Council. Carded Unanimously.
14--
REPORTS
MW-99-73 - Chief Administrative Officer- Re: Award of Contract #99-09, Crack
Sealing. The report recommends that the unit prices submitted by the low tenderer Bridge
Tite Waterproofing & Sealing Ltd. Be accepted for the above contract and the authorizing
by-law be passed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-155
MW-99-92 - Chief Administrative Officer- Re: Niagara Public Purchasing Committee
#99-T-18 (Revised) Granular Materials. The report recommends that the supply of
granular material be awarded to Lafarge Canada, Walker Bins., and Ridgemount Quarries.
ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
MW-99-95 - Chief Administrative Officer- Re: Contract 99-08, Surface Treatment of
Roads. The report recommends that the unit prices submitted by the low tenderer,
Norjohn Limited, be accepted and that the by-law appearing on tonighrs agenda be
passed.
ORDERED on the motion of Alderman Feren, seconded by .Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
i See By-law No. 99-145
MW-99-96 - Chief Administrative Officer- Re: Contract No. 99-182-99; RuBeft Street
Watermain Replacement. The report recommends that the unit prices submitted by the
low tenderer, DeRose Bros. Contracting Ltd., be accepted and the by-law be passed.
ORDERED on the motion of Alderman Feren, seconded by Alderman Michalczyk, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-146
MW-99-97 - Chief Administrative Officer - Re: Dorchester Road - Lundy's Lane to
Thorold Stone Road, Traffic Safety and Operations Review - Supplemental Report.
The report recommends the following:
That Council endorse the draft report #1 as presented by Synectics, along with the
changes suggested by staff and forward them on to the Region for their
consideration and approval;
2. That all suggested short term improvements be implemented by the end of the year.
- AND -
Communication No. 170 - Teresa Dennis. The communication provides comments on
the Thorold Stone Road overpass.
-AND -
Communication No. 171 - River Realty Development (1976) Inc. The communication
expresses objections to any extension to the existing median south of Mordson and
Dorchester interchange that would hinder ingress and egress to their existing and new
developments fronting on Dorchester Road,
Mr. Frank Deluca, 4341 Killman Place, advised that traffic volume counts and
tables were incorrect in 3. 1 and 4. 1; indicated that the comer of Freeman and Dorchester
Road should have a traffic light; there should be restricted truck traffic; suggested that
Dorchester Road should be increased to three lanes; that there should be an exit onto the
Q. E W. northbound at the end of Morrison; indicated that there should be an advanced
warning light at school crossing at Diane Street; stated that freezing some of the
development in the area would reduce traffic; and indicated that eliminating some of the
14 driveways that stretch from Morrison Street to the 420.
15 -
Mr. David Devine, 4468 Queensway, indicated the necessity of a street light at
Diane and Freeman and that the exit onto Dorchester from Zehrs should be eliminated
Mr. Jerry Forbes, Synectics, provided information with respect to the Zehrs exit
and indicated that the left-hand turns had been eliminated and that a medium was to be
provided to prohibit left-hand tums.
Following the discussion, it was ORDERED on the motion of Alderman Craitor,
seconded by Alderman Janvary, that the provision of curbs and gutters on Dorchester
Road V_undy's Lane and Highway 420 be recommended for immediate consideration and
that the closing of the Zehrs entrance at Dorchester Road be looked into. Carried
Unanimously.
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrengelo, seconded by AIderman Feren, that the
actions taken in Community Services Committee, earlier this evening, be approved.
1. Adoption of the Minutes of June 7, 1999 Community Services Committee;
MW-99-100 - OMG Media - Supplemental Report - that the "City of Niagara Falls
Standards for Street Hardware -OMB Recycle Boxes and Pedestrian Ushers" be
adopted as minimum guidelines to be followed: and that OMG Info Bars be installed
in locations that are deemed to be necessary in order to protect pedestrians and
Recycle Boxes be installed in locations deemed to be necessary to facilitate a waste
disposal need; and that all locations, including Regional Road locations, be
reviewed and endorsed by City staff and that BIA's be consulted (if in a BIA area)
priorto installation; and that Report MW-99-100 be forwarded to the Region fortheir
review and endorsement;
R-99-44 - Request to Waive Ice Rental Fees - that staff report back to Committee
with respect to waiving of ice rental fees and charitable donations - Alderman Wing -
conflict;
MW-99-99 - Trans-Canada Cycling Tour - Request to Host Special Event - that the
closure of Portage Road between Marine/and Parkway and the east limit of Oakes
Inn be granted for the use of the Trans-Canada Cycling Tour on September 11,
1999; and that the City of Niagara Falls commitment of staff resoumes and
equipment be on an "in-kind" basis up to $5,000. 00;
MW-99-102 - City of Thorold Resolution Regional Niagara West Management Study
Task Three Report - that the City of Niagara Falls support the City of Thorold's
resolution that residents not be charged a tipping fee for waste disposal at a landfill;
MS-99-103 - Residential Water Meters Installation Update - that information on
residential water meters installation be received and filed;
MW-99-104 - Interior Renovations City Hall - that the following renovations to City
Hall take place: Construction of a new Committee Room in the basement and
upgrading of the existing finishes in the basement corridors; renovation of the
existing Committee Room #2 into office space for the Planning Department;
renovation to the offices in the Engineering Department; changes to the front
counters of the Planning & Engineering Departments; and that a Committee be
formed to investigate the need for an expansion to City Hall;
10.
11.
12.
16 -
R-99-42 - Community Use of School Board Facilities - that the following information
be received and Filed; The District School Board of Niagara imposed a Permit
Processing Fee in 1998 for Community Use of School Facilities and effective
September 1999, will also assess User Fees; and the Niagara Catholic District
School Board is reviewing their Policies concerning School usage and is
considering implementation of User Fees; and both Boards of Education will require
that all groups using School facilities provide Proof of Insurance; and staff of Parks,
Recreation and Culture will no longer be involved in the booking, scheduling and
supervision of Community Use of Schools - Aldermen Pietrangelo and Campbell,
conflict of interest;
R-99-43 - Winter Ice Schedule for Municipal Arenas - that the schedules for Special
Events and Regular Use of Winter Ice for the 1999-2000 Season be approved;
FS-99-05 - Tender #10-99- ModiFications and Repairs - Fire Station #5 (Willoughby)
that Tender #10-99 for the modifications and repairs to Fire Station #5
(Willoughby) be awarded to Aidor Builders Ltd., for the tendered amount of
$166, 907. O0 (including all applicable taxes); and that Council approve the use of
monies, as set out in Report FS-99-05, to pay for the necessary modifications and
repairs; and that a loan be granted to the Willoughby Volunteer Fire Department in
the sum of $167, 000. O0 as an interest-free, forgivable loan, for a term of ten (10)
years for modifications and repairs to the Fire station located at 11208 Sodom Road;
and that an interest-free loan, in the amount of $25,000..00 (plus applicable taxes)
for a term of five (5) years, be granted to the Willoughby Volunteer Fire Department
for roof repairs at the Fire station; and that the Mayor and Clerk be authorized to
execute the said mortgage and loan documents - Alderman Michalczyk conflict;
Correspondence from Cannon Greco Management Limited- Rotary Club of Niagara
Request for Waiving of Tipping Fees for Art & Craft Showto be held September 18-
20,. 1999- approve the waiving of tipping fees for Canno~7 Greco Management for
the Rotary Club Sunrise Art & Craft Show of Septembe}' 18~h through September
20~h, 1999;
That staffing changes in the Municipal Works Section, as outlines in Report MW-99-
93 be approved.
Carried
See By-law No. 99-151
See By-law No. 99-152
See By-law No. 99-160
See By-law No. 99-161
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE MEETING ACTIONS
ORDERED on the motion of AIderrnan Campbell, seconded by AIderman Craitor, that the
actions taken in Corporate Services Committee, earlier this evening, be adopted.
Adoption of the Minutes of the June 21, 1999 Corporate Services Committee
meeting;
1999 Property Tax Notice - that the 1999 Property Tax Notice for Commercial,
Industrial and Multi-Residential Property Classes be approved for publication in the
local newspapers;
Niagara Falls Board of Museums Long-Range Plan - that the Niagara Falls Board
of Museums' Long-Range Plan be received and filed;
17 -
HR-99-07 - Benefit Renewal 1999-2001 - that Sun Life Assurance Company of
Canada, provider of Life, Extended Health, Dental and Long Term Disability
Benefits and UNUM Canada, provider of Accidental Death and Dismemberment and
Excess Private Duty Nursing for Firefighters, be retained as the City's Carriers for
the period September 1, 1999 to August 31, 2001;
F-99-37 - City Response to the Industrial Tax Rate for 1999 - that the report be
received for information and that a letter be sent to the Industrial Sub Committee of
the Chamber of Commeme to report that the tax rates for 1999 have been set,
however, the issue will be revisited for the year 2000;
F-99-38 - Amendments to WaterBy-law - that the amendments to By-law 75-20, a
by-law to regulate the supply of water and to provide for the maintenance and
management of the waterworks and for the imposition and collection of water rates,
be appreved:
F-99-39 - Municipal Accounts - that the Municipal Accounts totalling $3,618, 940.49
for the period ending July 19, 1999 be approved;
World Youth Federation 2000 - that the request for sponsorship for the World Youth
Federation 2000 World Competition be received and filed;
That an appraisal be ordered and paid for by the City on the oil painting to be
donated by Paul ,Turner.
Carried
See By-law No. 99-156
See By-law No. 99-157
CD-99-23 - Chief Administrative Officer- Re: Automated Vote Tabulating Equipment.
The report recommends that Council pass the By-law appearing on this evening's agenda
authorizing the Mayor and Clerk to enter into an Agreement withy Global Elections
Systems Inc., for the acquisition of Automated Vote Tabulating Equipment.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Feren, that the
report be received and,adopted. Carried Unanimously
See By-law No. 99-150
CD-99-23 - Chief Administrative Officer - Re: Ward Boundaries - Ward 2 (Lundy's
Lane) and Ward 6 (Chippawa Willoughby Crowland). The report recommends that
Council provide direction to staff with respect to the relocation of the boundary line
between Ward 2 (Lundy's Lane) and Ward 6 (Chippawa Willoughby Crewland).
ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that the
report be received and filed. Carried Unanimously.
CD-99-24 - Chief Administrative Officer - Re: Special Occasion Permit; 3 Pitch
Softball TournamenL. 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 Janvary, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
L-99-62 - Chief Administrative Officer - Re: Partial Release of Development
Agreement and Subdivision Agreement- Block 30 Plan 59M-257. The report
recommends that Council release Her Majesty the Queen as represented by the Minister
of Transportation for the Province of Ontado from a 1978 Development Agreement and
1998 Subdivision Agreement insofar as they apply to Block 30 on Registered Plan No.
59M-257, located on the east side of Kalar Road.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-153
I I
18 -
L-99-63 - Chief Administrative Officer- Re: Closing of Road Allowances lying within
the Boundaries of the Mountain Road Landfill Site. The report recommends that staff
be authorized to proceed with the closing of road allowances, described as Parts 1 to 5 on
Reference Plan 59R- 10190, lying within the boundaries of the Mountain Road Landfill Site.
ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Feren, that the
report be received and adopted. Carfled Unanimously.
L-99-64 - Chief Administrative Officer- Re: Sale of Surplus lands by Public Auction;
Two lots located on the ease side of Portage Road; south of Church~ Lane, north
of Swayze Drive; Lot No. 1 - being Parts 2 and 4; Lot No. 2 - being Parts 3, 5 and 7;
Aft on Reference Plan No. 59R-9983. The report recommends to accept the Offer to
Purchase of AI MacBain to purchase the property described as Parts 2 and 4 and Parts 3,
5 and 7 on Reference Plan 59R-9983 located on the east side of Portage Road; south of
Church's Lane and north of Swayze Drive, copy of sketch attached, for $85,000. O0.
ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the
report be received and adopted. Carfled Unanimously.
L-99-68 - Chief Administrative Officer- Re: Set Fines & Short Wording; Various By-
laws. The report recommends the various set fines and short form wording as set out on
the attached appendices be approved and forwarded to the Chief Judge for the Province
of Ontario.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimously,
L-99-69 - Chief Administrative Officer- Re: Fence By-law Variance; 7129 Ridgewood
Crescent. The report recommends that the requested variance to the Fence by-law to
allow a ten foot (10~ high fence at 7129 Ridgewood Crescent be approved.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrengelo, that the
report be received and adopted. Carfled Unanimously.
L-99-70 - Chief Administrative Officer- Re: Policy for Weed Controt. The report
recommends that Council adopt the Policy for Weed Control as shown on the attached
Schedule '7~ ".
ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the
report be received and adopted. Carfled Unanimously.
RA TIFICA TION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the actions taken in Committee-of-the-Whole, earlier this evening be adopted:
1)
Bridgewater Street Lots - that lots 72, 74, 76 and 78 on registered Plan No. 251 be
declared surplus; that notice be given to the public that the said property has been
declared surplus to the City's needs and will be offered for sale by sealed tender;
that Transfers of Easements be made for any required easements prior to the sale
of the subject lands;
That the temporary position of Secretary I in the Legal Department be made
permanent and the staff complement be adjusted accordingly.
Carried Unanimously
See By-law No. 99-158
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
qlF"'! Ill
99-145
99-146
99-147
99-148
99-149
99-150
99-151
99-152
99-153
99-154
99-155
99-156
99-157
99-158
99-159
99-160
19 -
A by-law to authorize the execution of an agreement with Norjohn Limited
respecting surface treatment for roads.
A by-law to authorize the execution of an agreement with DeRose Bros.
General Contracting Ltd. Respecting Russell Street Watermain
Replacement.
A by-lawto amendBy-lawNo. 79-200, as amended. (Re: AM-16/95, Niagara
Christian Church)
A by-law to amend By-law No. 79-200, as amended. (Re: AM-15/99, Metro
Development)
A by-law to amend By-law No. 79-200, as amended. (Re: AM-16/99, Valerie
Rowe)
A by-law to authorize the execution of an agreement with Global Election
Systems Inc.
A by-law to amend By-law No. 98-114, being a by-law to establish fees, rates
and charges regarding licences, certificates, publications and other sewices
for the City of Niagara Falls.
A by-law to amend By-law No. 98-50, being a by-law to prescribe standards
for the maintenance and occupancy of property within the City of Niagara
Falls.
A by-law to authorize a Release of a 1978 Development Agreement and
1998 Subdivision Agreement insofar as it applies to Block 30 on Registered
Plan No, 59M-257.
A by-law to authorize the acceptance of an Offer to Purchase ofAI MacBain
to purchase Parts 2 and 4 and Parts 3,5 and 7 on Reference Plan No. 59R-
9983 located on the east side of Portage Road, south of Church's Lane and
north of Swayze Drive for $85,500. 00.
A by-law to authorize the execution of an agreement with Bridge Tite
Waterproofing & Sealing Ltd., respecting the 1999 Crack Sealing.
A by-law to amend By-law No. 75-20, as amended, being a by-law to
regulate the supply of water and to provide for the maintenance and
management of the waterworks and for the imposition and collection of water
rates.
A by-law to authorize monies for General Purposes (July ~9, 1999)
A by-law to declare surplus and sale of Bridgewater Street/ors.
A by-law to appoint Alderman/oannoni to certain Boards Committees and
Commissions (Committee of Adjustment, Visitor & Convention Bureau, and
the Main and FefTy B/A).
A by-law to authorize the execution of an agreement with Aidor Builders Ltd.
Respecting renovations to Fire Station #5 (Willoughby).
I I
- 20 -
99-161 A by-law to authorize a mortgage between the Willoughby Volunteer Fire
Department and The Corporation of the city of Niagara Falls, in the sum of
$I 67, 000. O0 for the purpose of modifications and repairs to the fire station
located at 11208 Sodom road and an interest-free loan to the Willoughby
Volunteer Fire Department, in the sum of $25,000. O0 (plus applicable taxes),
for the purpose of roof repairs at the fire station located at 11208 Sodom
Road.
The motion Carried with Aldermen Fisher and Craitor abstaining from the vote on By-law
No. 99-157 on conflicts of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Wing, seconded by Alderman Ioannoni, that the
following by-laws be now read a second and third time:
99-145
A by-law to authorize the execution of an agreement with Norjohn Limited
respecting surface treatment for roads.
99-146
A by-law to authorize the execution of an agreement with DeRose Bros.
Genera/ Contracting Ltd. Respecting Russell Street Waterm ain
Replacement.
99-147
A by-lawto amend By-law No. 79-200, as amended. (Re: AM- 16/95, Niagara
Christian Church)
99-148
A by-law to amend By-law No. 79-200, as amended. (Re: AM-15/99, Metro
Development)
99-149
A by-law to amend By-law No. 79-200, as amended. (Re: AM-16/99, Valerie
Rowe)
99-150
A by-law to authorize the execution of an agreement with Global Election
Systems Inc.
99-151
A by-law to amend By-law No. 98-114, being a by-law to establish fees, rates
and charges regarding licences, certificates, publications and other services
for the City of Niagara Falls.
99-152
A by-law to amend By-law No. 98-50, being a by-law to prescribe standards
for the maintenance and occupancy of property within the City of Niagara
Falls.
99-153
A by-law to authorize a Release of a 1978 Development Agreement and
1998 Subdivision Agreement insofar as it applies to Block 30 on Registered
Plan No. 59M-257.
99-154
A by-law to authorize the acceptance of an Offer to Purchase of AI MacBain
to purchase Parts 2 and 4 and Parts 3, 5 and 7 on Reference Plan No. 59R-
9983 located on the east side of Portage Road, south of Church's Lane and
north of Swayze Drive for $85,500. 00.
99-155
99-156
A by-law to authorize the execution of an agreement with Bridge Tite
Waterproofing & Sealing Ltd., respecting the 1999 Crack Sealing.
A by-law to amend By-law No. 75-20, as amended, being a by-law to
regulate the supply of water and to provide for the maintenance and
management of the waterworks and forthe imposition and collection of water
rates.
99-157 A by-law to authorize monies for Genera/Purposes (July 19, 1999)
21
99-158 A by-law to declare surplus and sale of Bridgewater Street lots.
99-159
A by-law to appoint Alderman Ioannoni to certain Boards Committees and
Commissions (Committee of Adjustment, Visitor & Convention Bureau, and
the Main and Ferry B/A).
99-160
A by-law to authorize the execution of an agreement with Aidor Builders Ltd.
Respecting renovations to Fire Station #5 (Willoughby).
99-161 A by-law to authorize a mortgage between the Willoughby Volunteer Fire
Department and The Corporation of the city of Niagara Falls, in the sum of
$167,000.00 for the purpose of modifications and repairs to the fire station
located at 11208 Sodom road and an interest-free loan to the Willoughby
Volunteer Fire Department, in the sum of $25,000.00 (plus applicable taxes),
for the purpose of roof repairs at the fire station located at 11208 Sodom
Road.
The motion Carried with Aldermen Fisher and Craitor abstaining from the vote on By-law
No. 99-157 on conflicts of interest previously noted and with all others voting in favour.
NEW BUSINESS
Letters of Condolence
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that a letter
of condolence be forwarded to the family of the late Hairy T. Merrett, father of former
Regional Chair, Brian Merrett. Carried Unanimously.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Jan vary, that a letter
of condolence be forwarded to the family of the late Bemiece Lois Bukator, wife of former
Mayor, the late George Bukator. Carried Unanimously.
Pathways between Chippawa and Marineland
Alderman Shirley Fisher expressed concerns regarding the lack of sidewalks or the
provision of a pathway between Chippawa and Marineland and requested that the matter
be looked into.
Adult Entertainment Licences
Alderman Victor Pietmngelo advised that he was opposed to having any new adult
entertainment licences issued.
Cancellation of the Environmental Planning & Greening Committee Meeting
Alderman Paisley Janvary-Pool advised members of Council that there would be no
Environmental Planning & Greening Committee meeting this week.
Alderman Paisley Janvary-Pool discussed and invited interested individuals to
participate in the Millennium Clock project.
I I
22 -
Water Use Education
Alderman Wayne Campbell suggested that there be public education provided on
the use of water and water meters. He was advised by the Director of Municipal Works that
information on the matter would be forthcoming and would be made available.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
TWENTY-SECOND MEETING
COMMITTEE-OF- THE-WHOLE
Committee Room #2
August 16, 1999
Council met on Monday, August 16, 1999 at 6:00 p.m. in Committee-of-the- Whole.
All members of Council, with the exception of Aldermen Pietrangelo and Volpatti, who were
away on vacation, were present. Alderman Shirley Fisher presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
.............. . ./. .~ ................
WAYNE THOMSON, MAYOR
PLANNING MEETING
Council Chambers
August 16, 1999
DISCLOSURES OF PECUNIARY INTEREST
Alderman Wing indicated a pecuniary interest on Report Nos. R-99-50 and R-99-51
from Community Services Committee, because of her status as an Officer of the charfty.
Alderman Ioannoni indicated a pecuniary interest on Report F-99-43, Cheque No.
246052 because the recipient is her employer.
Alderman Craitor indicated a pecuniary interest on Report F-99-43, Cheque Nos.
M92700; 246341; 246272; M92697; M92704; 246077; 246129 because a member of his
family is employed by the Region.
Alderman Michalczyk indicated a pecuniary interest on Report F-99-43, Cheque No.
246075, because he is a volunteer firefighter.
His Worship Mayor Thomson indicated a pecuniary interest on Report MW-99-108,
from Community Services Committee.
PRESENTATIONS
Schlumberger Canada Ltd.
His Worship Mayor Thomson presented a token of appreciation to Mr. Bill Pauhl
and Mr. Don Posta of Schlumberger Canada Ltd., for their quick thinking which saved
the life of a homeowner.
DEPUTATIONS
Sign Replacement at the Niagara Falls Museum Property
Mr. John A. Crossingham, Crossingham, Brady, Miller, Solicitor referred to an
agreement to purchase the Niagara Falls Museum property and advised that the
redevlopement of the property was to include the replacement of an existing sign with a
LED Tri-Vision Sign; and requested Counc~'s approval, in principle, for the replacement
of the existing sign at the Niagara Falls Museum property; and introduced Mr. John
Temple, Yesco Electronics, who provided information on the capabilities and benefits of
the LED technology.
Following the discussion, it was ORDERED on the motion of AldeRi~an Wing,
seconded by Alderman Orr, that the matter be referred to the Environmental Planning and
Greening Committee. The motion was Defeated.
Following further discussion, it was ORDERED on the motion of Alderman
Campbell, seconded by Alderman Creitor, that the matter be referred to the Environmental
Planning and Greening Committee, and that the sign be approved, in principle, subject to
the Environmental Planning and Greening Committee's report along with a full review by
City staff The motion Carried with Aldermen Michalczyk, Orr and Wing voting contrary to
the motion and with all others voting in favour.
PLANNING MATTERS
PD-99-85 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-18-99, 4274 Bridge Street, Europa Hotel; Applicant: Andrew Cserpes; Proposed
Adult Entertainment Pariour. The report recommends that Council deny the application
to establish an adult entertainment parlour at 4274 Bridge Street.
- AND -
Communication No. 172 - Jeffrey J. Wilker, Solicitor, Thomson Rogers.
communication requests to address Council on this matter.
The
Communication No. 173 - Kenneth Green D.D., Denture Clinic. The communication
advises as being in opposition to the zoning by-law amendment.
Communication No. 174 - City Cafe Bar & Grill. The communication advises that if
Council approves the zoning by-law amendment to Europa Hotel, that the City Cafe
establishment would proceed in a similar manner.
Communication No. 175- William Slovak, Q.C. The communication, on behalf of Mr.
& Mrs. Joe Chong, the owners at 4572 Erie Avenue provides comments with regard to
the incompatible use with the surrounding neighbourhood; the rezoning would adversely
affect the value of the property by decreasing the value; the proposed use will attract an
undesirable element as patrons of the premises; the proposed use presents an undesirable
image to the travelling public since it is located opposite the bus terminal and train station;
the parking of vehicles on their property by patrons of the establishment and requests that
the application be denied.
Communication No. 176- Tony Barrenca, Downtown Board of Management. The
communication advises that the Downtown Board of ;Management was opposed to
establishing an adult entertainment padour within the existing building at 4274 Bridge
Street.
I I I
Communication No. 177a) - The Regional Municipality of Niagara, Planning and
Development Department. The communication advises as having no objection to the
approval of this application. - AND - Communication No. f77b) The Regional
Municipality of Niagara. The communication advises as having no objections to the
rezoning to permit an adult entertainment parlour.
Communication No. 178 - Mr. John Ross, 4608 Queen Street. The communication
advises as being in favour of the application.
Communication No. 179 - Mrs. Anita Zatorski and Mrs. Karen Akalu. The
communication expresse~ concems with respect to the proposed application and attaches
a petition expressing opposition to the proposed "strip joint" for Bridge Street or anywhere
in the Downtown area.
Communication No. 180- Advantage Hamilton Travel Niagara. The communication
expresses opposition to the proposed application.
Communication No. 181 - Rudy, Elizabeth, and Ann Tychynski. The communication
expresses opposition to the proposed adult entertainment parlour.
Communication No. 182 - the Diocese of Niagara, Christ Church. The
communication expresses opposition to the licensing of the Europa Hotel as an adult
entertainment parlour and attaches a petition objecting to the proposed application.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act,
The Acting City Clerk advised that the Notice of the Public Meeting had been given
in accordance with the Regulations by prepaid first class mail on July 16, 1999.
His Worship Mayor Thomson received indication that Mr. Jeff Wilker, 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject lands with the
assistance of posted sketches and indicated that the proposal was to establish an adult
entertainment parlour located directly adjacent to both the bus terminal and the railway
station and was a highly visible location subject to high traffic volumes. He stated that the
proposal was not in keeping with the policies of the Official Plan for the Central Business
District and recommended denial of the application.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a positive
response in opposition to the application.
Mr. Paul Juliar, on behalf of the Downtown Board, advised that at a recent
Downtown Board meeting, the Board unanimously voted in opposition to the application
and requested that Council deny the application.
Rev. Duncan Lyon, Diocese of Niagara, Christ Church, was in attendance on
behalf of his congregation and stated that the signatures on the petition not only
represented opposition to the application, but indicated that this kind of so-called
"entertainment" was an immoral expression of and exploitation of sexuality in lascivious
manner which was of no benefit to society, in general, and would well be to the detriment
of the behaviour of individuals, in particular. He further indicated that the opinion of the
congregation of Christ Church was that the application be denied by City Council.
Maureen Barnett, 4622 Garner Road, expressed the opinion that Niagara Falls
was a family-oriented City and that this type of establishment should be located further
down Lundy's Lane and requested that Council deny this application.
Mrs. Russell, advised as being in opposition to the application and expressed the
opinion that Queen Street should be cleaned up and that this establishment was not the
type of legacy to be left to future generations.
Mr. Russ MacLean, General Manager of the Niagara Falls Bus Terminal, was
of the opinion that the City did not need this type of establishment.
Mr, Mike Lanfrey, 5038 Valleyway, expressed safeh/ concems for the young
individuals that are housed at Hostel Intemational. He further indicated that the bar owners
on Queen Street and the downtown area should be looking at more "creative" ways of
achieving a night life in the downtown area and promoting Niag8ra other than having such
establishments.
Mr. Jeff Wilker, referred to the app~cation and indicated that land use planning
matters do not include morality issues; he suggested that Council look into the matter of
land use and whether it would impact on the community and was of the opinion that this
land use would not impact on the community; advised that the applicant was prepared to
improve the facade of the building and wished to run an upstale adult night club. He
stated that the Ontario Municipal Board looks at the matter on a ,site specific basis, whether
it is in a commercial or industrial area, depends on the site; advised that the establishment
would generate revenue and would allow for a more upscale facility in the downtown area.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-18/~9 closed.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the
application be denied. Carried Unanimously.
ORDERED on the motion of Alderman Campbell, seconded by'Alderman Craitor, that the
correspondence be received and filed. Carried Unanimously.
PD-99-86 - Chief Administrative Officer- Re: Zoning By-law Amendment Application:
AM-19/99, 7190 Morr/son Street; First Niagara Developments Ltd. (Agent - Anthony
Biglieri); Proposal to Expand the Uses Permitted. The report recommends the following:
That Council approve the revised application for 7190 Motifson Street that encompasses:
the addition of the following ancillary service commercial uses:
restaurant; bank; trust company or credit union; personal service shop; service shop
and health centre
having a maximum aggregate gross/easeable floor area of 20,000 sq. feet; and
to reduce the minimum required building setback from Morrison Street from 75. 5
feet to 68. 9 feet.
- AND -
Communication No. 183 - Flexo Products Limited.
having no objections to the proposed change.
The communication advises as
Communication No. 184a) - Regional Municipa~ty of Niagara, Planning and
Development Department. The communication advises as having no objections to the
approval of this application. - AND - Communication No. f84b) - The Regional
Municipality of Niagara. The communication advises as having no objections to the
zoning by-law amendmenL,
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning AcL
The Acting City Clerk advised that the Notice of the Public Meeting had been given
by prepaid first class mail on July 26, 1999.
His Worship Mayor Thomson received indication that Mr. Anthony Biglierf, was in
attendance on behalf of ~he applicant and received a negative response to his request for
a show of hands by persons present who were interested in the application. He requested
that all persons wishing tp receive further notice of the passage of the by-law submit their
names and addresses tq the Clerk prior to leaving the meeting.
His Worship Ma~/or Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board ~hearfng.
The Director of ~Dlanning and Development provided background information
through the use of postqd sketches; reviewed the planning review and recommended
approval of the application.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition tp the application.
Since no further, comments were forthcoming, His Worship Mayor Thomson
declared the Public Mee~ng with regard to Application AM-19/99 closed.
ORDERED on the motion of Alderman Feren, seconded by Alderman Michalczyk, that the
report be received and adopted. Carfled Unanimously.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that the
correspondence be received and filed. Carfled Unanimously.
See By-law No. 99-166
PD-99-87- Chief Administrative Officer- Re: Declaration of Intent; Development of
Willoughby Lands by the Niagara Parks Commission. The report recommends the
following:
That the Mayor and Chief Administrative Officer be authorfzed to sign the attached
Declaration of Intent for the purpose of supporting the Niagara Parks Commission's
initiative to preserve the 1814 Battle of Chippawa site and to establish a 45-hole golf
course on adjacent lands;
That requisite amendments to both local and Regional planning documents be
undertaken through the cooperative efforts of the City, Region and the Niagara
Parks Commission (NPC) subject to appropriate fees being paid by the NPC:
3. That the City, Region and NPC agree to undertake a th .ree-party land use study of
the lands in the general vicinity of the proposed golf course in order to ensure that
compatible land use relationships evolve and that appropriate Official Plan policies
are established to guide new development.
ORDERED on the motion of alderman Craitor, seconded by Alderman Campbell, that the
report be received and adopted. Carried Unanimously,
PD-99-88 - Chief Administrative Officer- Re: Revised Tourist Commercial and Resort
Commercial Policies; Official Plan amendment No. 26. The report recommends, where
Counc~ is satisfied with the Amendment as finally prepared, that it:
pass the by-law appearing in the agenda to adopt Officiai* Plan Amendment No. 26
which incorporates the comments received from the pui}llc as directed by Council;
2. pass a by-law pursuant to Section 34 (10.2) of the Planning Act to require the
submission of plans and other information which will enable the completion of Peer
Review prior to making formal application for zoning by. law amendments.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-183
See By-law No. 99-184
PD-99-89 - Chief Administrative Officer- Re: Application for Site Plan Approval; SPC-
20/99, 6733 Oakes Drive; Proposed f5-Storey Expansion to the Comfort Suites Hotel.
The report recommends that Council approve the site plan for the, proposed 15-storey hotel
expansion to the Comfort Suites at 6733 Oakes Drive subject to any changes which may
be required to the Stanley Avenue entrance by Regional Niagara.
ORDERED on the motion of Alderman Craitor, seconded by AIderman Campbell, that the
report be received and adopted. The motion Carried with Aldernian Feren abstaining from
the vote on a conflict of interest and Aldermen Janvary-Pool a~d Wing voting contrary to
the motion and with all others voting in favour.
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that the
Minutes of the Special Council Meeting of July 12, 1999; and Minutes of the
Planning/Regular Council Meeting of July 19, 1999 be adopl'ed as printed. Carried
Unanimously.
MA YOR'S REPORTS. ANNOUNCEMENTS, RE:MARKS
His Worship Mayor Thomson referred to Terry Fox Run and of the formation of the
City's Dream Team.
ORDERED on the motion of Alde~iiian Michalczyk, seconded bY Alderman Craitor, that
Aldermen Campbell and Pietrangelo and Alex Herlovitch formSpart of the City's Dream
Team on September 19, 1999. Carried Unanimously.
Alderman Ioannoni advised that she was the Chairperson i:or this year's Terry Fox
Run and thanked members of Council and the community for thl, eir support.
- 7 -
COMMUNICATIONS
Communication No. 185 - Niagara Centre for Independent Living - Re: Proclamation.
The communication requests that Council proclaim September 11, 1999 as "Independent
Living Awareness Day".
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
request be supported. Carried Unanimously.
Communication No. 186 - Brian Philcox, President, Fetal Alcohol Support Network -
Re: Proclamation. The~ communication requests requesting that Council proclaim
September 9, 1999 as "Eetal Alcohol Support Day".
ORDERED on the motiota of Alderman Feren, seconded by Alderman Michalczyk that the
request be supported. Carded Unanimously.
Communication No. fa7 - Darlene McCauley - Re: Vacancy on the Niagara Falls
Humane Society Board. The communication advises of her interest in applying for the
position of City represeetative to the Niagara Falls Humane Society Board due to a
vacancy on the Board. ~
ORDERED on the motion. of Alderman Feren, seconded by Alderman Michalczyk, that the
matter be referred to sta~ Carried Unanimously.
Communication No. 188 - The Corporation of the Township of Hamilton - Re:
Resolution. The communication requests that Council support a resolution requesting that
the Provincial and Federal Govemments freeze the price of gasoline at an acceptable rate
for a period of 90 days; ~nd that during the period of the rate freeze, the Provincial and
Federal Govemments cofnmence an inquiry to investigate the unconscionable increases
in gas prices. ; ~
ORDERED on the motio~of AIderman Orr, seconded by Aldeiiiian Fisher, that the request
be supported. Carried Unanimously.;
Communication No. t89 - The Regional Municipality of Niagara, Planning and
Development- Re: Exemption from Regional Approval; Local Official Plan Amendments;
Proposed Policy Plan Amendment 137. The communication requests comments or input
with respect to the proposed exemption policy.
ORDERED on the motio~ of Alderman Feren, seconded by Alderman Ioannoni, that the
matter be referred to staff for comments or input. Carded Unanimously.
Communication No. 190- McKinley-Molodynia Chiropractic Clinic- Re: Annual Man-
A-Mile Relay Race. The communication requests permission to use Municipal roads for
the Annual Man-A-Mile ~elay Race on October 11, 1999.
ORDERED on the motiO~ of Alderman Fisher, seconded by Alderman Janvary-Pool, that
the request be approve~l~ Carried Unanimously.
Communication No. 191 - Saitoh Canada - Re: Temporary Public Washrooms. The
communication requests Council consider the installation of temporary washrooms facilities
in the Victoria/Bender Hill area for the balance of the season with further consideration of
permanent public facilities in the future.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Fisher, that the
matter be referred to staff. Carded Unanimously.
Communication No. 192 - Great North Productions - Re: Filming at Niagara Falls. The
communication requests approval to film a documentary on The Great FarinL part of a
series called The Canadians III around Niagara Falls and surrounding area..
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Creitor, that the
request be approved, subject to established policy. Carried Unanimously.
REPORTS
MW-99-116 - Chief Administrative Officer- Re: Contract 99-167-98; Thorold Stone
Road Low Pressure Sanitary Sewer. The report recommends that the unit prices
submitted by the low tenderer, DeRose Bros. General Contracting Ltd. be accepted and
the by-law be passed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-168
MW-99-120 - Chief Administrative Officer - Re: Contract #99-178-99, 1999 New
Sidewalk Construction. The report recommends that the unit prices submitted by the low
tenderer, Sacco Construction Limited, be accepted and the byelaw be passed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
report be received and adopted. Carded Unanimously.
See By-law No. 99-167
R-99-45 - Chair, Environmental Planning & Greening Committee - Re: Action
Stemming from the Environmental Planning and Greening Committee Meeting of
June 23~d, 1999. The report recommends that Council endorse the action of the June
23rd, 1999 meeting of the Environmental Planning and Greening Committee.
ORDERED on the motion of AIdei~i~an IoannonL seconded by Alderman Fisher, that the
matter be deferred to a future Counc~ meeting. Carded Unanimously.
R-99-47 - Chair, Canada Day Celebration - Re: Canada Day Acknowledgement. The
report recommends that the report be for the information of COuncil.
ORDERED on the motion of Alderman Craitor, seconded by A/:derman Campbell, that the
report be received and filed for the info,,ation of Council. Carded Unanimously.
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Campbell, seconded by AIdeRiian Craitor, that the
actions taken in Community Services Committee, earlier this evening, be appreved:
Adoption of the Minutes of the July 19, 1999 Community Services Committee
meeting with the following amendments:
OMG Media (MW-99-100) - Alderman Wing requested that Staff investigate the cost
for the City to purchase and install pedestrian ushers t~E:mselves;
Request to Waive Ice Fees (R-99-44) - Alderman Wing requested that the
statement "the Millennium Project" be modified to ree~l "One of our Millennium
Partnership Projects";
Tender#10-99- Modifications and Repairs Fire Statior~ #5 (Willoughby) (FS-99-
05) - the seconder of the Motion should have read AIde/man Shirley Fisher rather
than Alderman Ed Michalczyk.
MW-99-105 - Ker Street - Heavy Vehicle Restriction - that a heavy vehicle and bus
restriction be implemented on Ker Street from Drummond Road to Franklin Avenue;
MW-99-106 - Russell Street @ SL George Avenue; All-Way Stop Request - that an
all-way stop control be installed at the intersection of Russell Street and SL George
Avenue;
MW-99-107 - Dorchester Road @ Jill Drive Intersection Control Review - that the
issue of removal of the all-way stop control located at the intersection of Dorchester
Road and Jill Drive be deferred until residents from the area can be present to state
their views on this matter,'
MW-99-108 - Thibert Street Parking Review - that parking be restricted at all times
on both sides of ,Thibert Street from Main Street to Bridgewater Street - Mayor
Thomson conflict Of interest;
MW-99-109 - Sheldon Street @ St. James Avenue Intersection Control Review -
that a stop sign be installed on the north approach of St. James Avenue at She/don
Street; and that a stop sign be installed on the north approach of Longhurst Avenue
at Sheldon Street;
MW-99-110 - Barker Street Parking Review - that parking be restricted at all times
on the north side 'of Barker Street from Franklin Avenue to a point 52 metres east
of Franklin Avenue; and that parking be restricted at all times on the south side of
Barker Street from. Frank/in Avenue to a point 16 metres east of Franklin Avenue;
and that staff conduct a review of parking at the location of Barker Street and
Drummond Road;
MW-99-111 - C/ark Avenue Parking Review - that "No Parking - Tow Away Zone"
signs be installed on the east side of Clark Avenue and; that on-street parking
permits be provided to the residents on Clark Avenue for visitor parking; and that
staff investigate co.mplaints received regarding ovemight parking and buses idling
on Clark Avenue;i o
MW-99-I 18 - Buttr,:ey Street Stopping Restriction - that a "No Stopping Anytime -
7:00 P.M. to 7:00 A.M." restriction be installed on the south side of Buttrey Street
from Broughton Avenue to a point 112 metres east of Stanton Avenue;
MW-99-119 - Dayli~ihting Triangle Dedication; 4579 Huron Street; AM- 10/99 - that
the request for relief of the condition requiting the dedication of a 4.57 metre
daylighting triangle'related to zoning amendment AM-10/99, be granted; and that
an easement agreement be entered into between the City and Ms. Tina
Mammarella and Ms. Josie E/don;
~0. MW-99-88 - Purchase of Coin Counting Equipment - that the CW2011 automatic
coin wrapper be purchased from Haliburton & White Limited at a cost of $17, 192. 50;
and that the JetSod Mode/2008 coin sorter/counter be purchased from Cummins-
Allison Incorporated at a cost of $8,301.85; and that the review of the Parking &
Traffic Committee be deferred in order to give Committee Members an opportunity
to discuss further~
MW-99-~2 - Purchase of Maintenance Management System - that Staff be
authorized to purchase a Maintenance Management System from Canadian Micro
Software Incorpo,,r.ated for $234,200. The cost is to be incurred over two budget
years;
12.
13.
14.
MW-99- ~ 14 - Re,sidentia/ Water Meters/nstallation Update - that information on
residential water meter installations be received and filed;
MW-99-115 - Consulting Services Agreement for the Front Street Sanitary Sewer
and Watef~ain, Removal of the Front Street Pumping Station and the Associated
Class Environmental Assessment - that the City of Niagara Falls enter into a
Consulting Services Agreement for the Front Street sanitary sewer and waterm ain,
removal of the Front Street Pumping Station and the associated Class
Environmental Assessment with Totten Sims Hubicki Limited for the estimated cost
of $48, 734.00;
MW-99-1 ~ 7 - Air Handling Upgrade at City Hall - that information be received and
filed on the air handling upgrade at City Hall;
15.
16.
17.
18.
10-
R-99-49 - Application for Funding under the Main Street Ontario Millennium Funding
Program - that a change be made to support an application for funding under the
Main Street Ontario Millennium Program forthe Millennium Clock and Time Capsule
(rather than a Showmobile); and that staff prepare and submit the necessary Grant
Application;
R-99-50 -Intemational Postal Hockey Toumament- that Ice Rental Fees be waived
for the Intemational Postal Hockey Tournament; and that the $1 O, 000 remain in the
City of Niagara Falls, split equally between the two Federally Funded Millennium
Projects being The Lundy's Lane Battlefield and the Bikeway Trails system. -
Alderman Wing conflict of interest.
R-99-51 - Fralick's Tavem Contract to retain a Heritage Restoration Amhitect- that
the City enter into a Contract Agreement with Chapman Murray Associates
Architects Inc. to provide Architectural Services for the restoration of the former
Fralick's Tavem, at a cost of 10% ~f the project budget, to a maximum of $60,000,
plus disbursements - Alderman i4 ~ing conflict of interest.
R-99-54 - Oakes Parr Track Rubt.<grized Surface Repairs - that the Contract for the
repairs to Oakes Parr rubberized !'ack surface be completed by Ancaster Track &
Tennis, carTying on business for Ancaster Paving Company Limited of Ancaster,
Ontario, in the amount of $44,835. O0 (plus G.S. T.)
The motion Carried with His Wors,~ip Mayor Thomson abstaining from the vote on
Report MW-99-108; and Aldermar~ Wing abstaining from the vote on Report R-99-
50 and R-99-51 on conflicts of interest previously noted and with all others voting
in favour.
See By-law No. 99-162
See By-law No. 99-163
See By-law No. 99-179
RA TIFICA TION OF CORPORA TE SERt/1,CES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Campbell, seconded by Alderman Michalczyk, that
the actions of the Corporate Services Com.?Tittee, earlier this evening, be approved:
1. Adoption of the July 19, 1999 Corpoj'ate Services Committee meeting;
IS-99-04 - Purchase of Module for (;lerk's Department - that the purchase from
CSDC of a License and Module for th9 Clerk's Department be authorized at a cost
of $34,800. 00;
F-99-40 - Major Receivables Qua~Yedy Report - That the Major Receivables
Quarterly Report be received for infc tTnation;
=
F-99-41 - 1999 Financial Update 2n~ Quarter - that the 1999 Financial Update,
Second Quarter, be received for information;
F-99-42 - Commercial, Industrial and Multi-Residential Sector - that the Interim
Levy and Collection By-laws be amended to include a levy on properties with
commercial, industrial and multi-residential assessments based on 50% of the
recalculated 1998 taxes with due dates of August 27~h and September 22, 1999;
F-99-43 - Municipal Accounts for the pedod ending August 16, 1999 - that a grant
in the amount of $1,000 be approved to assist local athlete Mike Strange with
expenditures at the World Games.
The motion Carried with Aldermen Craitor, Ioannoni and Michalczyk abstaining from the
vote on Report F-99-43 on conflicts of interest previously noted and with all others voting
in favour.
See By-law No. 99-181
See By-law No. 99-182
See By-law No. 99-185
L-99-65 - Chief Administrative Officer - Re: New Body Rub Parlour By-law. The report
recommends that the attached body-rub parlour by-law be passed.
His Worship Mayor Thomson received indication that Ms. Maureen Barnett was in
attendance to address Council on the matter.
Ms. Maureen Bamett, 4622 Gamer Road, enquired on how this by-law would affect
her business if she was not a recognized message therapist under the laws of Ontario.
The City Solicitor provided clarification with respect to operating a massage
business and that under the by-law, the owner, operator and the employees would be
required to be licenced.
Discussions ensued with respect to the issuance of the by-law versus enforcement
of the by-law. It was suggested that Ms. Bamett meet with Mayor Thomson and the City
Solicitor to discuss her concems and how she would go about obtaining a licence.
Following the discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Janvary, that the matter be deferred to the September 13, 1999
Council meeting. The motion was Defeated.
Following further discussion, it was ORDERED on the motion of Aldemian
Campbell, seconded by Alderman Feren, that the report be received and adopted. Carded
Unanimously
See By-law No. 99-165
L-99-73 - Chief Administrative Officer- Re: Jain Imports - Sign Permit Application;
4080 Montrose Road. The report recommends that the application for a ground sign
having an area of one-hundred and four (104~ square feet with a zero (0~ side yard set
back, for Jain Imports at 4080 Montrose Road, Niagara Falls, Ontario be approved.
ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the
report be received and adopted. Carried Unanimously.
L-99-77 - Chief Administrative Officer- Re: Establishment of Parts I and 3 on
Reference Plan No. 59R-10653 as Public Highways: Magnolia Drive and Beaverdams
Road, respectively and One-Foot Reserves as Spring Blossom Drive. The report
recommends the following:
That Parts I and 3 on Reference Plan No. 59R-10653, shown in heavy outline on
the plan attached, be established as public highways, to be known as Magnolia
Drive and Beaverdams Road, respectively;
2. That the one foot reserve, described as Block 256 on Plan 59M-229 and shown in
heavy outline on the plan attached, be established as a public highway, to be known
as Spring Blossom Drive.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-174
See By-law No. 99-175
-12-
L-99-79 - Chief Administrative Officer- Re: Licence Agreement with Ontario Hydro
Licence Agreement with Niagara Catholic District School Board; Entrance to St.
Gabriel Lalemant School The report recommends the following:
That a Licence Agreement with Ontario Hydro to peiiiiit the City to licence Lots 112
and 113 on Plan No. 109, together with other adjacent lands, for a term often years
for a licence fee of $1. O0 per annum is approved;
2. That a Licence Agreement with the Niagara Catholic district School Board, upon the
same terms and conditions, to permit the School Board to licence Lots 112 and 113
on Plan No. 109 from the City for the purpose of expanding its parking lot, be
approved.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-173
L-99-80 - Chief Administrative Officer- Re: Municipal Parking Tag Computer Access
Agreement, Ministry of Transportation. The report recommends that the addendum to
the Authorized Requester Agreement with the Ministry of Transportation be approved and
further that the Mayor and Clerk be authorized to execute the said agreemenL
ORDERED on the motion of Alderman Feren, seconded by Alderman Janvary, that the
report be received and adopted. Carried Unanimously.
L-99-82 - Chief Administrative Officer- Re: Declare Lands Surplus and Offer for Sale
by Sealed Tender Parts 3, 4 & 5 on Reference Plan No. 59R-f568; East side of
Swayze Drive. The report recommends the following:
That Parts 3, 4 and 5 on Reference Plan No. 59R-1568 be declared surplus and
offered for sale to the public by sealed tender;
That notice be given to the public that the said property has been declared surplus
to the City's needs and will be offered for sale by sealed tender;
3, That Transfers of Easements, for any required easements, be made prior to the
conveyance of the subject lands.
ORDERED on the motion of Aldei7iian Michalczyk, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-176
L-99-83 - Chief Administrative Officer- Re: Sign Permit Application; 4967 Clifton Hill.
The report recommends that the proposed roof sign, having a height of twenty five (25~
feet above the roof line at 4967 Clifton Hill be approved, subject to the submission of a
completed application and appropriate fees.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
RA TIFICA TION OF COMMITTEE-OF- THE-WHOLE ACTIONS
ORDERED on the motion of AIdeiTi~an Fisher, seconded by Alderman Campbell, that the
actions taken in Committee-of-the-Who/e, earlier this evening be approved.'
That a Phase II Environmental site Assessment be conducted on the property north
side of McLeod Road, east of Montrose Road; and that the offer to purchase part
of Municipal Parking Lot #4 on Ellen Avenue be declined;
That staff be authorized to proceed with a Licence Agreement with P. P. & P Hotels
Limited for the lands described in the Licence Agreement;
13 -
e
That the Millennium Clock Tower and Time Capsule-Agreement with the Optimist
Club be approved;
Human Rights Matter - That Council approve the City Solicitors response and that
the Solicitor take all the necessary steps in that regard.
Carried
See By-law No. 99-169
See By-law No. 99-170
BY-LAWS
ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
99-162
A by-law to authorize the execution of a consulting agreement with Totten
Sims Hubicki Associates (1997) Limited with respect to designing Municipal
Services for Front Street Sanitary Sewer, Front Street Watermain, Removal
of the Front Street Pumping Station and Associated Class Environmental
Assessment.
99-163
A by-law to authorize the execution of an agreement with Canadian Micro
Software Inc. respecting the purchase of a Maintenance Management
System Program.
99-164
A by-law to provide for the licensing, regulating and inspection of body-rub
padours, owners and operators of body-rub padours and body rubbers at
body-rub parlours.
99-165
A by-law to authorize the execution of a Subdivision Agreement with River
Realty Development (1976) Inc. respecting the Garner Estates, Phase One
Subdivision.
99-166
A by-law to amend By-law No. 79-200, as amended. (Re: AM-19/99, 7190
Morrison Street).
99-167
A by-law to authorize the execution of an agreement with Sacco Construction
Limited respecting the 1999 New Sidewalk Construction.
99-168
A by-law to authorize the execution of an agreement with DeRose Bros.
General Contracting Ltd., respecting Thorold Stone Road Low Pressure
Sanitary Sewer.
99-169
A by-law to authorize the execution dan agreement with The Optimist Club
of Niagara Falls, Inc., respecting the construction of a millennium clock tower
and time capsule, at Optimist Park.
99-170
A by-law to authorize the execution of an agreement with 775459 Ontario
Inc. carrying on business as Signature Signs Limited respecting the supply
and installation of one (1) four-sided brick clock tower (millennium clock), at
Optimist Park.
99-171
A by-law to authorize the execution of a development agreement with
1346699 Ontario Limited with respect to carrying out construction on Portage
Road.
14 -
99-172
A by-law to authorize a Licence Agreement between Ontario Hydro Networks
Company Inc., and The Corporation of the City of Niagara Falls for the
purpose of licencing Lots 112 and 113; on Registered Plan No. 109 and Lots
6, 7 and 8 on registered Plan No. 194 to the City.
99-173
A by-law to authorize a licence Agreement between Niagara Catholic District
School Board and The Corporation of the city of Niagara Falls for the
purpose of licencing Lots 112 and 113 on Registered Plan No. 109 to the
School Board for a parking Lot.
99-174
A by-law to establish Parts 1 and 3 on Reference Plan No. 59R-10653, as
public highways, to be known as and to foi~ part of Magnolia Drive and
Beaverdams Road, respectively. (Re: Report L-99-77)
99-175
A by-lawto establish Block 256 on Registered P/an No. 59M-229, as a public
highway, to be known as and to form part of Spring Blossom Drive. (Re:
Report L-99-77)
99-176
A by-law to declare surplus Parts 3, 4 and 5 on Reference P/an No. 59R-
1568, located on Swayze Drive in the City of Niagara Falls, and to authorize
that public notice be given of the said Parts being declared surplus and will
be offered for sale by sealed tender.
99-177
A by-law to authorize the execution of a Subdivision Agreement with 800460
Ontario Limited respecting the Orchard Grove Extension Subdivision.
99-178
A by-law to authorize the execution of a Subdivision Agreement with Ruth
Diane Taylor respecting the Willick Road Estates Subdivision.
99-179
A by-law to authorize the execution of an agreement with Ancaster Paving
Limited carrying on business as Ancaster Track & Tennis Company
respecting the resurfacing of the rubberized track at Oakes Park.
99~180
A by-law to authorize the execution of an agreement respecting a Human
Resources matter
99-181
A by-law to amend By-law No. 99-46, being a By-law to amend By-law No.
93-23, being a by-law to provide for the collection of interim taxes and taxes
from year to year.
99-182
A by-law to provide an interim levy of realty taxes for the commercial classes,
industrial classes, and multi-residential class.
99-183
A by-law to prescribe information required of a person or public body that
applies for an amendment to a by-law under Section 34 of the Planning Act,
R.S.O. 1990, Chap. P. 13.
99-184
A by-law to repeal By-law No. 97-97 and to adopt an amendment to the City
of Niagara Falls Official Plan.
99-185 A by-law to authorize monies for General Purposes (August 16, 1999)
The motion Carfled with Alde,~ien Craitor, Ionannoni and Michalczyk abstaining from the
vote on conflicts of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Fisher, seconded by A/derrnan Michalczyk, that the
following by-laws be now read a second and third time:
15 -
99-162
A by-law to authorize the execution of a consulting agreement with Totten
Sims Hubicki Associates (1997) Limited with respect to designing Municipal
Services for Front Street Sanitary Sewer, Front Street Waterm ain, Removal
of the Front Street Pumping Station and Associated C/ass Environmental
Assessment.
99-163
A by-law to authorize the execution of an agreement with Canadian Micro
Software Inc. respecting the purchase of a Maintenance Management
System Program.
99-164
A by-law to provide for the licensing, regulating and inspection of body-rub
par/ours, owners and operators of body-rub padours and body rubbers at
body-rub padours.
99-165
A by-law to authorize the execution of a Subdivision Agreement with River
Realty Development (1976) Inc. respecting the Garner Estates, Phase One
Subdivision.
99-166
A by-law to amend By-law No. 79-200, as amended. (Re: AM-19/99, 7190
Mor~son Street).
99-167
A by-law to authorize the execution of an agreement with Sacco Construction
Limited respecting the 1999 New Sidewalk Construction.
99-168
A by-law to authorize the execution of an agreement with DeRose Bros.
General Contracting Ltd., respecting Thorold Stone Road Low Pressure
Sanitary Sewer.
99-169
A by-law to authorize the execution of an agreement with The Optimist Club
of Niagara Falls, Inc., respecting the construction of a millennium clock tower
and time capsule, at Optimist Park.
99-170
A by-law to authorize the execution of an agreement with 775459 Ontario
Inc. carrying on business as Signature Signs Limited respecting the supply
and installation of one (1) four-sided brick clock tower (millennium clock), at
Optimist Park.
99-171
A by-law to authorize the execution of a development agreement with
1346699 Ontario Limited with respect to car~ing out construction on Portage
Road.
99-172
A by-law to authorize a Licence Agreement between Ontario Hydro Networks
Company Inc., and The Corporation of the City of Niagara Falls for the
purpose of licencing Lots 112 and 113; on Registered Plan No. 109 and Lots
6, 7 and 8 on registered Plan No. 194 to the City.
99-173
A by-law to authorize a Licence Agreement between Niagara Catholic District
School Board and The Corporation of the city of Niagara Falls for the
purpose of licencing Lots 112 and 113 on Registered Plan No. 109 to the
School Board for a parking Lot.
99-174
A by-law to establish Parts 1 and 3 on Reference Plan No. 59R-10653, as
public highways, to be known as and to form part of Magnolia Drive and
Beaverdams Road, respectively. (Re: Report L-99-77)
16 -
99-175
A by-law to establish Block 256 on Registered Plan No. 59M-229, as a public
highway, to be known as and to form part of Spring Blossom Drive. (Re:
Report L-99-77)
99-176
A by-law to dec/are surplus Parts 3, 4 and 5 on Reference Plan No. 59R-
1568, located on Swayze Drive in the City of Niagara Falls, and to authorize
that public notice be given of the said Parts being declared surplus and will
be offered for sale by sealed tender.
99-177
A by-law to authorize the execution of a Subdivision Agreement with 800460
Ontario Limited respecting the Orchard Grove Extension Subdivision.
99-178
A by-law to authorize the execution of a Subdivision Agreement with Ruth
Diane Taylor respecting the Willick Road Estates Subdivision.
99-179
A by-law to authorize the execution of an agreement with Ancaster Paving
Limited carrying on business as Ancaster Track & Tennis Company
respecting the resurfacing of the rubberized track at Oakes Park.
99-180
A by-law to authorize the execution of an agreement respecting a Human
Resources matter.
99-181
A by-law to amend By-law No. 99-46, being a By-law to amend By-law No.
93-23, being a by-law to provide for the collection of interim taxes and taxes
from year to year.
99-182
A by-law to provide an interim levy of realty taxes for the commercial classes,
industrial classes, and multi-residential class.
99-183
A by-law to prescribe information required of a person or public body that
applies for an amendment to a by-law under Section 34 of the Planning Act,
R.S.O. 1990, Chap. P. 13.
99-184
A by-law to repeal By-law No. 97-97 and to adopt an amendment to the City
of Niagara Falls Official Plan.
99-185 A by-law to authorize monies for Genera/Purposes (August 16, 1999)
The motion Carried with Aldermen Craitor, Ionannoni and Michalczyk abstaining from the
vote on conflicts of interest previously noted and with all others voting in favour.
NEW BUSINESS
Railway Tracks at Roseberg's
Alderman Shirley Fisher requested that a letter be forwarded to Canadian Pacific
Railway regarding the condition of the railway tracks at Rosberg's and that the matter be
looked into.
Sponsors Needed for the Millennium Clock
Alderman Paisley Janvary-Pool advised that construction on the Millennium Clock
would be commencing shortly and that more sponsors were needed. She encouraged
everyone to participate.
17 -
Ontario Amputee and Les autres Sports Association Golf Tournament
Aldeiiiian Kim Craitor referred to the 1999 Canadian Amputee Open Golf
Championship that had been held from August 12-14, 1999 and commented on the level
of skill provided by the participants in the golf tournament.
Wheel-Chairs over railway tracks
Alderman Kim Craitor referred to concems that have been expressed with respect
to individuals that are physically challenged and wheel-chair bound and the difficulties
encountered when attempting to cross over the railway tracks.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that
the matter be referred to the Disability Advisory Committee for the Physically Challenged
for their review. Carried Unanimously.
Partners in the Sky Fundraiser
Alderman Kim Craitor thanked everyone who participated and gave support through
pledges in the "Partners in the Sky" Fundraiser Parachute Jump in support of the Boys and
Girls Club of Niagara.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the
meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
R.O. KALLIO, ACTING CITY CLERK
WAYNE THOMSON, MAYOR
TWENTY-THIRD MEETING
COMMITTEE-OF- THE-WHOLE
Committee Room #2
September 13, 1999
Council met on Monday, September 13, 1999 at 6:30 p.m. in Committee-of-the
Whole. All members of Council, with the exception of Alderman Ken Feren, who was away
on vacation, were present. Alderman Selina Volpatti presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
PLANNING MEETING
Council met on Monday, September 13, 1999 at 7:00 p.m. for the purpose of
considering Planning/Regular Business matters. All members of Council, were present
with the exception of Alderman Feren, who was away on vacation. Alderman Shirley
Fisher offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Wing indicated a pecuniary interest on By-law No. 99-193, because she
is an officer of the Foundation that has an interest in it.
Alderman Ioannoni indicated a pecuniary interest on Cheque Nos. 246875 payable
to herself, and 246568 because the recipient is her employer.
Alderman Pietrangelo indicated a pecuniary interest on Report L-99-79 from the
meeting on August 16 and Cheque No. 246589 payable to A.M.O. on his behalf.
Alderman Creitor indicated a pecuniary interest on Cheque Nos. 246597; 246835
because a member of his family is employed by the Region.
Alderman Michalczyk indicated a pecuniary interest on Report FS-99-26, Cheque
Nos. 246839, 246566, and Reports PD-99-93, By-Law 99-196 and L-99-87 because he is
a volunteer firefighter.
His Worship Mayor Thomson indicated a conflict of interest on AM-47/98.
PRESENTARONS
Campbell Family
His Worship Mayor Thomson presented a token of appreciation to Mr. George
Campbell and his two daughters Sarah and Emily who were instrumental in saving the
life of a woman that was drowning in the Chippawa Creek this past July.
DEPUTATIONS
Niagara Falls Big Brothers Big Sisters Association Inc.
Mr. John Prentice, Executive Director, first thanked the volunteers of the
Association and commended them for all their efforts and secondly, advised that there are
fifty children waiting for Big Brothers and Big Sisters at the present time. He thanked
Council for their support in the past as well, and informed that there are 200 children
matched with volunteers, at any one time. The association has launched a new program
called "Big Bunch" that is more recreational in nature. There is a great need for volunteers
that can spend three hours once a week, one hour once a week or two hours twice a
month. Volunteers can be at least 18 years of age and of good character.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Ioannoni that
Council proclaim the month of September as "Big Brother Big Sister Month" in Niagara
Falls. Carried Unanimously.
Romzap Application
Italia Gilberti provided detailed information on PD-99-107 and requested that
Council make the decision to defer this matter to October 4, and not the Planning
Department.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell that Staff
be advised to mail out a notice on September 14, 1999. Carried Unanimously.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Campbell that
the matter be Received and Filed. Carried Unanimously.
Testamentary Devise
His Worship Mayor Thomson advised that Testamentary Devise matters will be
deferred until such time that affected lot owners have been notified of a date that it will be
heard at Council to resolve the problems with all Testamentary Devise lots.
Millennium Trail
Gord Singleton provided information on the Ontario Power Canal Millennium
Recreational Tra~ Project; requested that matching one-third funds in the amount of
$172, 500 for the Recreational Trail be appreved in principle and that funding be referred
to the 2000 Capital Construction Budget.
IIIIi · III
ORDERED on the motion of Alderman Janvary, seconded by Alderman/oannoni that the
City participate in this Millennium Project to the tune of $172, 500.00. Carded Unanimously.
The Supreme Council of the 33 ° of the Ancient and Accepted Scottish Rite of
Freemasonry of Canada
Mr. Donald Dixon presented His Worship Mayor Thomson with a painting of a
window in the Hamilton Cathedral, depicting the various stages of Scottish Rite Masonry,
in appreciation of the Supreme Council to the City for being allowed to use the facilities of
this well noted City for their 125th Annual Sessions; requesting that Council proclaim the
week of September 13 - 18, 1999 as Scottish Rite Week".
ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk that
Council proclaim the week of September 13 - 18, 1999 as Scottish Rite Week. Carried
Unanimously.
Mobility Niagara
AI Homeniuk, Mobility Niagara, provided background information on the new
community transportation service between municipalities, for people 65 years of age or
older with mobility needs on a pre-registration basis, beginning on October 1, 1999, and
requesting council support for this long overdue service.
His worship Mayor Thomson congratulated the organization for their efforts and
wished them success in their endeavour.
Heart Niagara
Karen Stearne, Executive Director, advised Council about the upcoming Dragon
Boat Festival scheduled for October 2, 1999 hosted by the Niagara Boating Club in
Chippawa and provided a tape of a Dragon Boat Race and requesting Councirs
attendance.
His Worship Mayor Thomson wished Heart Niagara success for this venture.
Terry Fox Run
Leanne Hall, and Tammy addressed Council regarding the Terry Fox Run to be
held on September 19, 1999 and invited the community and members of Council to
participate.
His Worship Mayor Thomson thanked Leanne and Tammy for the information
provided on the upcoming run and on the motion of Alderman Campbell, seconded by
Alderman Volpatti that the request be supported. Carded Unanimously.
PLANNING MATTERS
PD-99-93 - Chief Administrative Officer- Re: Official Plan & Zoning By-law
Amendment Application; AM- 17-99, 8720 & 8760 Willoughby Drive, 1314540 Ontario
Inc.; Agent: Tom Smart, BLS Planning Associates Inc. The report recommends that
Council:
1)
approve the Official Plan Amendment permitting the proposed car wash, mini-
storage facility and private garage to store more than two vehicles as interim uses
of land under the Residential designation;
approve the application for a temporary use by-law to permit the above uses as
interim uses on the subject lands; and
approve the application for a site specific R4 zoning to be applied to the subject
lands in order to implement the long term land use for a 20-unit townhouse
development.
- AND -
Communication No. f93 - Guy Ungaro, LL.B. The communication, on behalf of
Weinbrenner Place Inc., the owner of 70 apartment units on Weinbrenner Road adjacent
to the southeast comer of the subject lands, advises as having no objection to an
amendment to permit R4 zoning and welcomes the addition to the area, but strongly
objects to a temporary use by-law for a car wash or mini storage facility.
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 Notice of the Public Meeting had been given in
accordance with the Regulations by prepaid first class mail on August 13, 1999.
His Worship Mayor Thomson received indication that Mr. Guy Ungaro, Solicitor, was
in attendance and received a negative 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 ptior to leaving the meeting.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board heating.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches; advised that the lands known as 8720 and 8760 Willoughby
Drive, the City's former South End Depot, as shown on Schedule 1; advised that the
applicant proposes a two-phase development of the lands. Proposed as the intetim use
of the lands is a car wash, mini storage facility and a private garage. The long term intent
is to develop a 20-unit townhouse project and stated that staff was recommending Council
affirm its adoption of the recommendation report.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a positive
response in opposition to the application.
Mr. Guy Ungaro, LL.B., on behalf of Weinbrenner P/ace Inc, the owner of 70
apartment units on Weinbrenner Road advised that, in his opinion, the property has been
used as a storage facility unlawfully for the past 11/2 years, was and is zoned institutional;
the environmental study confirms hazardous waste contamination, a car wash and its
attendant excessive water flow has the potential to leach the contaminants to adjoining
lands; the increase in noise and traffic is detrimental to the residential nature of the area;
the placing of containers are extremely unsightly and cannot be hidden by walls or fences
because many of the adjoining buildings are two and three storeys; and the containers
would become breeding grounds for various rodents and insects.
Mr. Tom Smart, BLS Planning Associates In., responded to concems regarding
the issue of the hours of operation of the car wash and will be willing to agree, as a
condition of approval, that the car wash will not be in operation between the hours of
1 lp, m, and 7a, m,; advised that there will be a tenant on the property and the property will
be gated,
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to the Application AM-17/99 closed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary that the
report be approved, as recommended, The motion was Defeated as follows:
AYE:
NA YE:
Aldermen Fisher, Janvary, Campbell, Craitor
Aldermen Volpatti, Puttick, Orr, Wing, Ioannoni, Michalczyk, Pietrengelo
ORDERED on the motion of Alderman Volpatti, seconded by Alderman/oannoni to
approve the recommendations on the report except that the three-year term for the
temporary use by-law be amended to read one year, as they are for one year. The motion
Carried with Alderman Puttick voting contrary to the motion and with all others voting in
favour.
PD-99-94 Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-22/99, 4337 Fourth Avenue. Applicant: Fernando Espinoza. The
report recommends the following:
That Council approve the Zoning By-law amendment application to permit the
existing building to be used for a limited range of commercial and light industrial uses.
- AND -
Communication No. 194 - Regional Niagara, Planning and Development Department.
The communication advises as having no objections to the application.
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 Notice of the Public Meeting had been given in
accordance with the Regulations by prepaid first class mail on August 13, 1999.
His Worship Mayor Thomson received indication that the applicant, Mr. Fernando
Espinoza was in attendance and received a negative 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.
His Worship Mayor Thomson advised that failure to make ore/or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the information contained in the
Recommendation Report and indicated that the future use and development of the
property will be subject to Site Plan Control and advised that staff was recommending
approval of the application.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-22/98 closed.
ORDERED on the motion of Alderman Craitor, seconded by Aldert~an Janvary that the
report be received and adopted. Carried Unanimously.
Alderman Campbell and Michalczyk were absent from the Chambers for the vote.
PD-99-95 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-23/99; Lots 52 & 52 Bridgewater Street, J. Doherty. (Agent - G. Steenburg);
Proposed Single-detached Residential Development. The report recommends that
Council approve this application to change the zoning of the subject lands from NC to R2
in order to permit the construction of one single-detached dwelling on each lot.
-AND -
Communication No. f95 - Regional Niagara, Planning & Development Department.
The communication advises as having no objections to the application.
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 Notice of the Public Meeting had been given in
accordance with the Regulations by prepaid first c/ass mail on August 13, 1999.
His Worship Mayor Thomson received indication that Mr. G. Steenburg, was in
attendance on behalf of the applicant and received a negative response to his request for
a show of hands bypersons 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the information contained in the
Recommendation Report.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to the Application AM-23/98 closed.
ORDERED on the motion of AIde~i~an Fisher, seconded by Alderman Janvary, that the
report be received and adopted. Carried Unanimously.
PD-99/99 - Chief Administrative Officer- Re: Official Plan and Zoning By-law
Amendment Application; AM-47/98; Canadian Niagara Hotels Inc. (D. DiCienzo;
Southeast Quadrant of the Q.E.W. & Mountain Road. The report recommends the
following:
- 7 -
That Council approve the Official Plan and Zoning By-law amendment application
which will facilitate the construction of a tourlst-orientated we/come centre,
restaurant(s), hotel/motel, office building and 24 on-street townhouses;
That the amendments be presented to Council after the traffic and noise issues
have been resolved by the applicant to the satisfaction of the Ministry of
Transportation, Regional Niagara and the City; and
=
Council amend By-law No. 98-151 (2% conveyance of land for park purposes) top
include Part 1.
- AND -
Communication No. 196 - Mr. Bill Downey, Owner of the Northway Motel, 2560
Mewburn Road. The communication suggests the road widening of Mewbum Road into
a 4-lane road, south of Mountain Road up to the Exit of the new development, in an effort
to prevent accidents in the construction area; enable visitors' entry to Northway Motel, and
placement of the Exit of the new development to approximately 10 meters South so that
it will not impede the exit of the visitors from the Northway Motel.
- AND -
Communication No. 197 - Ministry of Transportation. The communication requests
that Council defer its decision until such time as the traffic impact study for all three
development proposals has been revised and approved by the ministry to ensure that
ultimate road improvements are clea~y identified and agreed upon by all concerned, and
that cost sharfng by the developers for any required highway improvements is fairly
apportioned and is based on consistent traffic analysis; the ministry requires that a
stormwater management report and plans be submitted to the Ministry's Burlington office
for review and approval; all above and below ground structures (including storm detention
facility) must be setback a minimum of 14.0m from the Ministry's property line.
His Worship Mayor Thomson declared a conflict of interest and relinquished the
Chair.
Alderman Paisley Janvary assumed the Chair.
Acting Mayor Alderman Janvary declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with the Regulations by prepaid first c/ass mail on August 13, 1999.
Acting Mayor Aldeiiiian Janvary received indication that Mr. Rick Brady, Developer,
was in attendance on behalf of the developer and received a negative response to her
request for a show of hands by persons present who were interested in the application.
She 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.
Acting Mayor Alderman Janvary advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Deputy Director of Planning and Development referred to the subject property
with the assistance of posted sketches and reviewed the information contained in the
Recommendation Report; and advised staff was recommending approval of the application
after the outstanding traffic and noise issues have been addressed satisfactorily.
There was a negative response to Acting Mayor Alderman Janvary's request for
comments from persons, other than the applicant or his agent, in support of the application
and a negative response in opposition to the application.
Mr. Rick Brady advised that noise attenuation barriers will surround the
development. He suggests that the noise issue be struck out from Recommendation No.
2 and add Recommendation No. 4 - "noise is.Due for both the townhouses and the
residential component, and for the hotel, be deall with at the site plan stage."
Since no further comments were forthcoming, Acting Mayor Alderman Janvary
declared the Public Meeting with regard to Application AM-47/98, closed.
ORDERED on the motion of Alderman Orr, secorlded by AIderman Fisher that the report
be received and adopted, as amended, Carried Unanimously.
H~ Worship Mayor Thomson resumed the Cha~
PD-99-98 - Chief Administrative Officer - Re: Official Plan Amendment; AM-20/99,
Po~cies for Testamentary Devise Parcels.
ORDERED on the motion of Alderman Jan vary, seconded by AIderman Fisher that this be
received and filed. The motion Carried with Alderman Pietrangelo abstaining from the vote
on a conflict of interest and with all others voting in favour.
ORDERED on the motion of Alderman Craito,~ seconded by Alderman Orr that
Testamentary Devise matters be deferred. The mobOn Carried with Alderman Pietrangelo
abstaining from the vote on a conflict of interest previously noted and with all others voting
in favour.
PD-99-81, Chief Administrative Officer- Re: Zoning By-law Amendment App~cation;
AM-13/99, L yon's Parkway, Jeff Dennington. 7t~e report recommends the following:
That Counc~ approve the proposed zoning'amendment application subject to the
following:
the by-law contain an appropriate size~ building envelope and setback from
Ort Road to maintain the intent of Zhe Environment Impact Study (EIS)
recommendations; ~
the Site Plan Control By-law be amen.:Ied to put the property under Site Plan
Control to better implement the reco, ~mendafions of the E/S;
the applicant dedicate an 8.0 m (26.2 ~t.) in depth strip of land to the City for
road purposes to provide the Grau pioperty with some frontage; and
that an appropriate one-foot reserve !~e implemented along the new frontage
to the Grau property; and
The dedication of land for extension of Lyon's Parkway take place prior to the
passing of the zoning by-law amendment.
- AND -
Communication No. 198 - Sylvia Grau. The communication advises that it should be
taken into consideration that the property Lyon's Parkway Instrument No. 804608A will be
allowed to become landlocked and Grau's would have no more access to property they
have owned since 1960; Lyon's Parkway Instrument No. 80459A purchased in 1958 will
be allowed to become landlocked and inaccessible; that members of the Grau family built
a house on Lyon's Parkway and lived there from 1958 - 1968; the Grau's have been
travelling Lyon's Parkway Private Road for over 40 years; Grau's are assessed on frontage
on Lyon's Parkway for over 40 years and have paid thousands of dollars in taxes; Lyon's
Parkway was laid out by Mr. Scoff in, or about, 1955 for the ingress and egress for property
purchasers along Lyon's Parkway; most, or many property owners, did not have a specific
right of way written in their deeds but paid taxes; requests that Lyon's Parkway remain as
it was laid out, to be a Road Allowance; advises that rezoning this road allowance would
completely destroy and render useless the Grau's investment.
His Worship Mayor Thomson received indication that Mr. Don Johnston, Solicitor,
was in attendance on behalf of the Grau family, and Mr. David L. Brown on behalf of Jeff
Dennington.
Following some discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Volpatti to approve recommendations l a and l b of the report. The
motion was Defeated with Aldermen Puttick and Volpatti voting in favour of the motion and
with all others opposed to the motion.
PD-99-92 - Chief Administrative Officer - Re: Request for Designation, Danner Sherk
House, 12549 Niagara River Parkway. The report recommends the following:
That Council authorize staff to initiate proceedings to designate 12549 Niagara River
Parkway as a property under Part IV of the Ontario Heritage Act.
ORDERED on the motion of Alderman Wing, seconded by Alderman Michalczyk that the
report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Wing that the
recommendations of the report be approved. The motion Canfed with Aldermen, Volpatti,
Fisher and Puttick opposed to the motion and all others voting in favour.
PD-99-96 - Chief Administrative Officer- Re: Request for Extension to Draft Plan
Approval, Southgate Estates, 26T-92015 (Revised); Owner.' F. Pingue (828341 Ontario
Limited). The report recommends the following:
1) That a Council resolution supporting a one-year extension to draft plan approval for
the Southgate Estates Plan o~Subdivision be adopted conditional on the applicant
maintaining the appropriate subdivision sign on the property for public information
purposes; and
2) That a copy of this report and the Council resolution be forwarded to the applicant
and the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Ioannoni that the
report be received and adopted. Canfed Unanimously.
See Resolution No. 30
10 -
PD-99-97- Chief Administrative Officer- Re: Request for Extension to Draft Plan
Approval, Ascot Woods Extension 5 (Phase 3), 26T-89038 (Revised) Owner: Ascot
Woods Limited. The report recommends the following:
That a Council resolution supporting a one-year extension to draft plan approval for
the Ascot Woods Extension 5 (Phase 3) Plan of Subdivision be adopted conditional
on the applicant maintaining the approptYate subdivision sign on the property for
public information purposes; and
2) That a copy of this report and the Council resolution be forwarded to the applicant
and the Regional Municipality of IViagara.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Wing that the report
be received and adopted. Canfed UnanimOUSly.
See Resolution No. 31
PD-99-100- Chief Administrative Officer- Re: Application for Site Plan Approval,
SPC- 17/99), 7771 Stanley Avenue, Pro!~.c~sed New Pre-cast Concrete Plant. The report
recommends that Council approve the site ,olan for a proposed new pro-cast concrete plant
at 7771 Stanley Avenue.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Pietrangelo that
the report be received and adopted. Carded Unanimously.
PD-99-101 - Chief Administrative Officer - Re: Application for Site Plan approval,
SPC-15/99, 4751 Montrose Road, PropOsed 3-Unit Addition to Existing Duplex. The
report recommends that Council approve=tt~e site plan for a proposed three-unit addition
to an existing duplex at 4751 Montrose ROad at Woodbine Street.
ORDERED on the motion of Aldefii~an Piet,,~ngelo, seconded by Alderman Michalczyk that
the report be received and adopted. Camed Unanimously.
PD-99-102 - Chief Administrative Officer- Re: Application for Site Plan Approval,
SPC-18/99, N/E Corner of Dunn Street and Cleveland Avenue, Proposed Off-Site
Parking LoL The report recommends that Council approve the site plan for a proposed
off-site parking lot, for the Minolta Tower, located at the northeast comer of Dunn Street
and C/eve/and Avenue subject to the parking layout being changed to relocate the bus
parking area on the site.
ORDERED on the motion of Alderman Fishe,; seconded by Alderman Michalczyk that the
report be received and adopted. Canfed Ungnimously.
PD-99-103 - Chief Administrative Officer- Re: Rosemont Draft Plan of Condominium,
File: 26CD-11-9902, Owner: Klein Building Company Limited. The report recommends
the following:
1)
That the Rosemont Plan of Condominium be approved subject to the conditions in
the attached Appendix;
That the Mayor or designate be authorYzed to sign the draft plan as "approved" 20
days after notice of Councirs decision has been given as required by the Planning
Act, provided no appeals of the decision have been lodged; and
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.
- AND -
Communication No. 198 - Regional Planning & Development DepartmenL The
communication advises that the Regional Public Works Department has no objection to the
proposed condominium tenure but has requested the submission of "as built" servicing
drawings in DXF or Autocad format; to the northeast are mostly vacant urban lands and
as a result, noise attenuation from the northeast will not be provided next to the QEW until
such time as those lands are developed; construction of a fence similar to those to the
south and the inclusion of a noise warning clause in the condominium agreement and in
offers and agreements of purchase and sale for any unsold units is recommended.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk that the
report be received and adopted. Carfled Unanimously.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk that the
correspondence be Received and Filed. Carfled Unanimously.
PD-99-104 - Chief Administration Officer- Application for Site Plan Approval, SPB-
5/99, Northeast Quadrant of Dorchester Road and Hwy 420, Proposed f9-Unit
Townhouse Project. The report recommends that Council approve the site plan for a
proposed 19-unit townhouse located on northeast quadrant of Dorchester Road and
Highway 420.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher that the
report be received and adopted. Carfled Unanimously.
PD-99-106 - Chief Administrative Officer- Re: Architectural Peer Review Consultant
The report recommends that the Kirkland Partnership be retained as the City's Amhitectural
Peer Review Consultant.
ORDERED on the motion of Alde~i,an Fisher, seconded by Alderman Volpatti that the
report be received and adopted. Carfled Unanimously.
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that the
Minutes of the Planning/Regular Council Meeting of August 16, 1999 be adopted as
printed. Carfled Unanimously.
MA YOR'S REPORTS. ANNOUNCEMENTS. REMARKS
Letter of Condolence
His Worship Mayor Thomson referred to the untimely passing of Filippo Calabrese.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that
a letter of condolence be forwarded to the family of the late Filippo Calabrese, a well-
respected citizen of the community. Carfled Unanimously.
Casino Niagara
His Worship Mayor Thomson referred to a recent meeting with Minister Gilchrist and
advised that substantial headway was made respecting the Agreement between the City
and the O.C.C. When matters are in a more formal situation, that he would be able to
report upon the details.
12 -
Restructuring
His Worship Mayor Thomson also advised of a meeting last week with Minister
Gilchrist re Hydro. Thirty Mayors were present to discuss the Hydro Commissions across
the Province, but also to talk to the Minister about restructuring and what he was looking
at in the future.
COMMUNICATIONS
Communication No. 199 - Association of Municipa~ties of Ontario - Re: New Model
Natural Gas Franchise AgreemenL The communication requests that all AMO member
municipalities voluntarily contribute to a "Gas Franchise Defense Fund" on a one time
basis, i.e. two cents per capita for lower-tier municipalities.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti that
the City of Niagara Falls participate in the Gas Franchise Defense Fund. Carried
Unanimously
Communication No. 200 - Regional Municipa~ty of Niagara - Re: Status Report -
Shares Service Strategy Implementation - The communication requests that the report
be circulated to area municipalities with an offer to have regional staff make a presentation
on the Region's Shared Service Strategy.
ORDERED on the motion of Alderman Fisher, seconded by Alde~i~an Pietrangelo that the
report be received and adopted. Carried Unanimously.
Communication No. 201 - Township of Severn - Re: Water & Sewer Works - Petition
for Funding - The communication requests that Council support a resolution petitioning the
Minister of the Environment to reinstate appropriate levels of funding for water and sewer
infrastructure works to assist municipalities in ensuring that the provision of safe drinking
water and adequate sewage treatment are within their financial means.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Fisher, that the
resolution be supported. Carried Unanimously.
Communication No. 202 - The Town of Saugeen Shores - Re: Resolution - The
communication requests the Minister of Municipal Affairs and Housing, the Minister of
Environment and the Minister of Agriculture, Food and Rural Affairs put in place the
necessary regulations to ensure monitoring and enforcement of intensive fivestock
operations in order that rural municipalities have the necessary controls to effectively
safeguard the municipality from environmental concerns.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
communication be received and filed for the information of Council. Carried Unanimously
Communication No. 203 - The Town of Hawkesbury - Re: Property Tax Rebates - The
communication requests the Minister of Municipal Affairs of Ontario to amend the Municipal
Act to allow municipalities to grant property tax rebates for a period up to a maximum of
3 years to new industries that establish in the province of Ontario.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
communication be received and filed for the information of Council. Carried Unanimously..
Communication No. 204 - Kenneth R. Benner- Re: Niagara Island - The communication
advises that those of us who five in the Niagara area east, are living on an island and
suggests that this area be referred to as Niagara Island.
ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Fisher, that the
communication be received and filed for the information of Council. Carried Unanimously.
Communication No. 205- Terry Welch, President of Canadian Legion Branch 51,
representing Branches 51, 396 and 479 - Re: Proclamation. The communication
requests that Council proclaim the week of September 19 - 25, 1999 as "Legion Week".
13 -
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo that the
request be approved. Carried Unanimously.
Communication No. 206 - Terry Welch, President of Canadian Legion Branch 51,
representing Branches 51, 396 and 479 - Re: Flag Raising Ceremony. The
communication requests that the Mayor and members of Counc~ partake in the flying of
the Canada Remembers Flag at City Hall on Monday, September 20, 1999.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo that the
request be approved. Carfled Unanimously.
Communication No. 207 - Rotary Club of Niagara Falls Sunrise - Art by the Falls Art
and Craft Show - Re: Resolution. The communication requests that Council designate
and recognize the Art by the Falls Art and Craft Show on September 17, 18, and 19, 1999
as a "Community Festival".
ORDERED on the motion of Alderman Michalczyk, seconded by Alde~,~an Pietrangelo that
the request be supported. Canfed Unanimously.
See Resolution No. 28
Communication No. 208 - Rich Judge, Director of Fire Prevention - Re: Proclamation.
The communication requests that Council proclaim the week of October 3 through October
9, 1999 as "Fire Prevention Week".
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary that
the request be approved subject to established policy. Canfed Unanimously.
REPORTS
MW-99-131 - Chief Administrative Officer- Re: Contract 99-172-98; Culvert
Replacement: Garner Road,.Uppers Lane & Brown Road. The report recommends that
the unit prfces submitted by the low tenderer, Provincial Construction (Montrose) Ltd. be
accepted and the by-law be passed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that the
report be received and adopted. Cartfed Unanimously.
See By-law No. 99-192
R-99-56 - Chair- Actions stemming from the EP&G Committee Meeting of September
f, 1999. The report recommends that Council endorse the actions of the Environmental
Planning and Greening Committee Meeting held on September 1, 1999.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that
the matter be received and filed for the information of Council. Cartfed Unanimously.
R-99-57- Chair, Proposed Sign on Niagara Falls Museum and Third Party Advertising
in the Tourist Core. The report recommends that Council support the following:
that guidelines be established for advertising (including third party) as part of the
Streetscape Master Plan Process, and
the approval of the proposed sign on the Niagara Falls Museum site, subject to a
time frame durfng which the City's Sign By-law will be reviewed.
Following some discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Campbell that the sign be approved. The motion was Canfed with
Aldermen Wing, Fisher, Pietrangelo, January and Michalczyk voting against the motion,
and with all others voting in favour.
14 -
Following further discussion it was ORDERED on the motion of Alderman Janvary,
seconded by Alderman Pietrangelo that a guideline be established as part of the
recommendation. Carried Unanimously.
/t was moved by Alderman Fisher, seconded by Alderman Pietrangelo, that approval be
granted to proceed past 11:00 p.m. Carried Unanimously.
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the actions taken in Community Services Committee, earlier this evening, be approved:
Adoption of the Minutes of the August 16, 1999 Community Services Committee
meeting;
Nomination of Vice-Chairperson yor the Community Services Committee - that
Alderman Paisley Janvary-Pool be appointed Vice-Chairperson for the Community
Services Committee for the remaining term of such Committee;
MW-99-101 - Development Proposal Graham Street - that the matter of the
development proposal for Graham Street be deferred and that an appraisal be
completed on Parts 4 and 5 on Reference Plan 10309, at Mr. George Bahdi's
expense;
MW-99-127 - August 2 4th Basement Flooding Update - that the remaining funds in
the Residential Flood Relief Program budget, approximately $80,000. be directed
toward the installation of backflow preventers in areas affected by the storm of
August 24th;
MW-99-128 - Legal Approval, Traffic Signal Installations - that the Director of
Municipal Works be designated to approve traffic signal designs and installations
on behalf of the City of Niagara Falls;
MW-99-129 - Sidewalk Realignment - Montrose Road - that works be completed to
realign various sections of the sidewalk on Montrose Road (as outlined in Report
MW-99-07 as Areas #1, #2 and #3) at an approximate cost of $13,000. Such work
is to be included in the Year 2000 Budget;
MW-99-132 - Water Meter Installation Update - that information on the Residential
Water Meters Installation Update be received and filed;
FS-99-06 - Vehicle Purchase - that authorization be given to purchase an
automobile from Brock Ford at total costs of $33,000. plus taxes and licence -
Alderman Michalczyk conflict;
R-99-52 - Renaming of Kin Park and Official Park Opening - that the City endorse
the recommendation of the Civic Committee in renaming Kin Park to Alpine
Neighbourhood Park and that the Official Opening of the Park be scheduled in the
Spring of 2000;
10.
Correspondence from Mr. Nick Roma, 7068 McLeod Road regarding construction
of sidewalks - that correspondence received from Mr. Nicholas Roma regarding
construction of sidewalks be referred to Staff,'
15 -
11.
Correspondence from Mr. Robert Wilson regarding concerns with the existence of
illegal parking lots throughout the City - that correspondence received from Mr.
Robert Wilson regarding parking lots at Roberrs Street at Victoria Avenue be
referred to Staff.
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the
actions of the Corporate Services Committee, eadier this evening, be adopted:
1. Adoption of the August 16, 1999 Corporate Services Committee meeting;
2. F-99-44 - Municipal Accounts - that the Municipal Accounts totalling $4,481,136.45
for the period ending September 13, 1999 be approved;
3. HR-99-08 - Leadership Development Program - that the Leadership Development
Program be received for information;
In-Camera Session:
1. That Staff resolve the tax matter as directed by the Corporate Services Committee.
2. That the Contract with the Niagara Falls Humane Society be extended to December
31, 1999.
Carried Unanimously
See By-law No. 99-195
L-99-5f - Chief Administrative Officer- Re: Sign By-law Policy/Sign Removal The
report recommends that the attached policy regarding the removal of signs from City
property be approved.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Michalczyk that
Staff bring in a By-law respecting Election Signs on private property. Carried Unanimously.
L-99-84 - Chief Administrative Officer- Re: Sign Permit Application, Cineplex Odeon
- Niagara Square. The report recommends that the proposed three sign pei~it
applications at 7555 Montrose Road be approved.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Pietrangelo that
the report be received and adopted. Carried Unanimously.
L-99-85 - Chief Administrative Officer - Re: Establishment of Parts I and 2 on
Reference Plan 59R-f0809 and Part 3 on Reference Plan 59R-f0717 as Public
Highways - Lemon Road and Willodell Road. The report recommends the following:
That Parts I and 2 on Reference Plan No. 59R-10809, shown on the plan attached,
be established as public highways, to be known as Lemon Road and Willodell
Road, respectively.
2) That Part 3 on Reference Plan No. 59R-I0717, shown on the plan attached, be
established as a public highway, to be known as Lemon Road.
ORDERED on the motion of Alderman Michalczyk, seconded by Aldei7iian Fisher that the
report be received and adopted. Carried Unanimously.
16 -
L-99-86 - Chief Administrative Officer- Re: Sign By-law application - 3625 Dorchester
Road. The report recommends that the sign by-law variance for the oversize professional
sign at the residence of 3625 Dorchester Road be approved.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Fisher that the
report be received and adopted. Carried Unanimously.
L-99-87 - Chief Administrative Officer - Re: Schill Agreement with the City Building
Permit - Testamentary Devise. The report recommends that an Agreement regarding a
testamentary devise lot, dated August 19, 1999, between Ray Walter Schill and Penelope
Jill Schill and the City regarding application for a Building Permit be authorized.
ORDERED on the motion of Aldefiiian Fisher, seconded by Aldei~ian Pietrangelo that the
report be received and adopted. Carried Unanimously.
L-99-91 - Chief Administrative Officer- Re: Authorization to Proceed with the Closing
of Part of a Laneway to the Rear of 5609 and 5526 Ellen Avenue. The report
recommends that Council authorize staff to proceed with the closing of that part of a
laneway to the rear of 5609 and 5526 Ellen Avenue.
ORDERED on the motion of Aldei~iian Fisher, seconded by Alderman Pietrengelo that the
report be received and adopted. Ca~ed Unanimously.
RA TIFICA TION OF COMMITTEE-OF-THE-WHOLE A C TIONS
ORDERED on the motion of Alderman Campbell, seconded by Alderman Michalczyk, that
the actions taken in Committee-of-the-Whole, eadier this evening be approved:
That the Offer of Joan Beardmore to sell the property described as 5811 Hanan
Avenue for $99,500.00 be accepted, and that the house on the property be offered
for rent, at a competitive rental rate, until such time as the property is required for
municipal purposes;
See By-law No. 99-186
That Council accept the Offers to Purchase Bridgewater Street Lots 72, 74, 76 and
78 on Plan 251 in the City of Niagara Falls, as follows:
Offer to Purchase of Ron and Joan McGirr to purchase Lot 72 on Plan No.
251 for $72,777.00.
Offer to Purchase of Allan and Laurie Lent to purchase Lot 74 on Plan No.
251 for $87,250.00.
Offer to Purchase of Sam Yagar to purchase Lot 76 on Plan No. 251 for
$81,100.00.
Offer to Purchase of Paul and Nancy Somerville to purchase Lot 78 on Plan
No. 251 for $75,100. O0.
See By-law No. 99-199
See By-law No. 99-200
See By-law No. 99-201
See By-law No. 99-202
=
That Part 11 on Reference Plan No. 59R-9727 be included in the Option Extension
Agreement dated March 24, 1997, and that the Mayor and Clerk be authorized to
execute the documents required to complete the conveyance and Quit Claim of the
closed portion of Dixon Street, to the Chair of Management Board of Cabinet and
the Canadian Southern Railway Company, respectively.
17 -
See By-law No. 99-189
See By-law No. 99-190
See By-law No. 99-191
To defer Hearing to give the Licence holder/owner of the Icon, an opportunity to
implement the measures proposed by him to reduce the conflicts between the
licensed premises and the surrounding neighbours.
Car~ed Unanimously.
RESOLUTIONS
NO. 28 - MICHALCZYK- PIETRANGELO - BE IT RESOLVED that the Council of the
Corporation of the City of Niagara Falls hereby recognizes the Rotary Club of Niagara Falls
Sundse Art by the Falls Art and Craft Show being held on September 17, 18 and 19, 1999
and designates the event as a Community Festival in Niagara Falls.
AND the Seal of the Corporation be herato affixed. Carried Unanimously.
NO. 29 - VOLPA T'I'I- PIETRANGELO - BE IT RESOLVED THAT a letter of condolence
be forwarded to the family of the late Wesley Smith, father of City employee, Tom Smith,
Manager of Revenue.
AND the Seal of the Corporation be hereto affixed. Carried Unanimously.
NO. 30 - FISHER - IOANNONI - BE IT RESOLVED THAT the Council of the Corporation
of the City of Niagara Falls hereby supports a one-year extension to draft plan approval for
the Southgate Estates Plan of Subdivision and that the applicant and the Regional
Municipality of Niagara be so informed; conditional on the applicant maintaining the
appropriate subdivision sign on the property for public information purposes. ANDA the
Seal of the Corporation be hereto affixed. Canned Unanimously.
NO. 31 - FISHER - WING - BE IT RESOLVED THAT the Council of the Corporation of the
City of Niagara Falls hereby supports a one-year extension to draft plan approval for the
Ascot Woods Extension 5 (Phase 3) Plan of Subdivision and that the applicant and the
Regional Municipality of Niagara be so informed; conditional on the applicant maintaining
the appropriate subdivision sign on the property for public information purposes. AND the
Seal of the Corporation be hereto affixed. Cartfed Unanimously.
BY-LAWS
ORDERED on the motion of AIdef~iian Pietrangelo, seconded by Alderman Janvary, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
99-186
A by-law to establish Parts 1 and 2 on Reference Plan No. 59R-10809, as
public highways, to be known as and to form part of Lemon Road and
Willodell Road, respectively, and Part 3 on Reference Plan No. 10717, as a
public highway, to be known as and to form part of Lemon Road.
99-187
A by-law ro authorize an Agreement, dated August 19, 1999, between Ray
Walter Schill and Penelope Jill Schill and The Corporation of the City of
Niagara Falls regarding application for a Building Permit.
99-188
A by-law to authorize the acceptance of an Offer to Sell property municipally
known as 5811 Hanan Avenue, in the City o Niagara Falls, in the Regional
Municipality of Niagara.
18 -
99-189
99-190
99-191
99-192
99-193
99-194
99-195
99-196
99-197
99-198
99-199
99-200
99-201
99-202
A by-law to authorize Part II on Reference Plan No. 59R-9727 be included
in the lands described in an Agreement, dated March 24, 1997, being an
Agreement to Extend an Option between Her Majesty the Queen in Right of
Ontario as represented by the Chair of the Management Board of Cabinet
and The Corporation of the City of Niagara Falls to purchase part of Dixon
Street.
A by-law to authorize a Quit Claim Transfer/Deed to The Canada Southern
Railway Company for the purpose of releasing any interest the City may
have in Parts 6, 7, ~5, 16 and ~7 on Reference Plan No. 59R-9727.
A by-law to authorize a Transfer/Deed to Her Majesty The Queen in right of
Ontario as represented by the Chair of the Management Board of Cabinet of
Parts ~ to 5, inclusive, and Parts 8 to ~ 4, inclusive, on Reference Plan No.
59R-9727.
A by-law to authorize the execution of an agreement with Provincial
Construction (Montrcse) Ltd. respecting Culvert Replacement: Gamer Road,
Uppers Lane and Brown Road.
A by-law to authorize the execution of a consulting agreement with Chapman
Murray Associates Architects Inc. respecting the Architectural Services for
the Restoration of the former Fralick's Tavem.
A by-law to appoint the Director of Municipal Works pursuant to subsection
~ 44(3~) of the Highway Traffic Act.
A by-law to authorize monies for General Purposes. (September ~3, 1999)
A by-law to authorize an Agreement dated August 27, 1999, between Frank
LaPenna and Catherina LaPenna and The Corporation of the City of Niagara
Falls regarding application for a Building Permit.
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking, Stopping)
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Through Highways, Stop Signs at Intersections,
Heavy Vehicles)
A by-law to authorize the acceptance of an Offer to Purchase of Allan and
Laurie Lent to purchase Lot 74 on Plan No. 251 located on the south side of
Bridgewater Street for $87,250. 00.
A by-law to authorize the acceptance of an Offer to Purchase of Paul and
Nancy Somerville to purchase Lot 78 on Plan No. 251 located on the south
side of Bridgewater Street for $75,100.00.
A by-law to authorize the acceptance of an Offer to Purchase of Ron and
Joan McGirr to purchase Lot 72 on Plan No. 25~ located on the south side
of Bridgewater Street for $72,777. 00.
A by-law to authorize the acceptance of an Offer to Purchase of Sam Yagar
to purchase Lot 76 on Plan No. 251 located on the south side of Bridgewater
Street for $81,100.00.
19 -
The motion Carried with Aldermen Ioannoni, Pietrangelo, Craitor and Micha/czyk
abstaining from the vote on conflicts of interest previously noted and with all others voting
in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the following by-laws be now read a second and third time:
99-186
A by-law to establish Parts 1 and 2 on Reference Plan No. 59R-I0809, as
public highways, to be known as and to fon~n part of Lemon Road and
Willode// Road, respectively, and Part 3 on Reference Plan No. ~ 0 717, as a
public highway, to be known as and to form part of Lemon Road.
99-187
A by-law ro authorize an Agreement, dated August 19, 1999, between Ray
Walter Schill and Penelope Jill Schill and The Corporation of the City of
Niagara Falls regarding application for a Building Permit.
99-188
A by-law to authorize the acceptance of an Offer to Sell property municipally
known as 581~ Hanan Avenue, in the City o Niagara Falls, in the Regional
Municipality of Niagara.
99-189
A by-law to authorize Part I/on Reference Plan No. 59R-9727 be included
in the/ands described in an Agreement, dated March 24, 1997, being an
Agreement to Extend an Option between Her Majesty the Queen in Right of
Ontario as represented by the Chair of the Management Board of Cabinet
and The Corporation of the City of Niagara Falls to purchase part of Dixon
Street.
99-190
A by-law to authorize a Quit Claim Transfer/Deed to The Canada Southem
Railway Company for the purpose of releasing any interest the City may
have in Parts 6, 7, ~5, 16 and 17on Reference Plan No. 59R-9727.
99-191
A by-law to authorize a Transfer/Deed to Her Majesty The Queen in right of
Ontario as represented by the Chair of the Management Board of Cabinet of
Parts I to 5, inclusive, and Parts 8 to 14, inclusive, on Reference Plan No.
59R-9727.
99-192
A by-law to authorize the execution of an agreement with Provincial
Construction (Montrose) Ltd. respecting Culvert Replacement: Gamer Road,
Uppers Lane and Brown Road.
99-193
A by-law to authorize the execution of a consulting agreement with Chapman
Murray Associates Architects Inc. respecting the Architectural Services for
the Restoration of the former Fralick's Tavern.
99-194
A by-law to appoint the Director of Municipal Works pursuant to subsection
~44(31) of the Highway Traffic Act.
99-195 A by-law to authorize monies for General Purposes. (September 13, 1999)
99-196
A by-law to authorize an Agreement dated August 27, 1999, between Frank
LaPenna and Catherina LaPenna and The Corporation of the City of Niagara
Falls regarding application for a Building Permit.
99-197
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads, (Parking, Stopping)
2O -
99-198
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Through Highways, Stop Signs at Intersections,
Heavy Vehicles)
99-199
A by-law to authorize the acceptance of an Offer to Purchase of Allan and
Laurie Lent to purchase Lot 74 on Plan No. 251 located on the south side of
Bridgewater Street for $87,250.00.
99-200
A by-law to authorize the acceptance of an Offer to Purchase of Paul and
Nancy Somerville to purchase Lot 78 on Plan No. 251 located on the south
side of Bridgewater Street for $75,100.00.
99-201
A by-law to authorize the acceptance of an Offer to Purchase of Ron and
Joan McGirr to purchase Lot 72 on Plan No. 251 located on the south side
of Bridgewater Street for $72,777. 00.
99-202 A by-law to authorize the acceptance of an Offer to Purchase of Sam Yagar
to purchase Lot 76 on Plan No. 251 located on the south side of Bridgewater
Street for $81,100.00.
The motion Carried with Aldermen Ioannoni, Pietrangelo, Craitor and Michalczyk
abstaining from the vote on conflicts of interest previously noted and with all others voting
in favour.
NEW BUSINESS
Bon Voyage Letter
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that a letter
be forwarded to Cliff Thomson who is relocating to Arizona.
Carried Unanimously
Letter of Congratulations
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary that a letter
of congratulations be forwarded to Greg Bailey on his promotion to Director of Events for
the Visitor and Convention Bureau, and to Kathy Murray who will take over the position of
Festival Manager. Carried Unanimously
Ministry of Social Services Offices
His Worship Mayor Thomson commented on the closure and relocation of the
Niagara Falls office of the Ministry of Social Services Offices to SL Cathadnes and advised
that the facility was too important to the community to be closed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo that a
letter be forwarded to the Minister of Social Services stating Councirs opposition on the
closing of the Social Services offices in the City of Niagara Falls. Carried Unanimously.
21 -
Speed Zone Signs
Alderman Craitor congratulated Staff on the expediency with which they had the lights and
speed zone signs insta~ed in the area of the new school on Kalar Road.
School Crossing Guards
Alderman Craitor noted that he had received some calls concerning the lack of crossing
guards at some locations on the first day of school and be be~eves the problem arose
because School Boards did not advise the City that they were opening earlier.
Traffic Problems
Alderman Craitor referred to traffic problems in the area of Frederica and Drummond Road
and the ramp from Hwy 420.
ORDERED on the motion of Alderman Craitor, seconded by Alde~iiian Michalczyk that this
matter be referred to staff. Carried Unanimously.
Fees Charged by District School Board
ORDERED on the motion of Alderman Craitor, seconded by Alderman Volpatti that Staff
prepare a report disclosing the permitting and charging of fees by the District School Board
for the use of schools. The rapoR was Carried with Aldermen Pietrangelo and Campbell
abstaining from the vote on a conflict of interest and with all others voting in favour.
Letter of Congratulations
ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell that a
letter of congratulations be sent to the organizer of the Niagara Regional Football League
on the completion of their first and very successful season. Carried Unanimously.
Thank You Letter
Alderman Fisher would like a letter of thanks forwarded on behalf of the City to Bob
Matson, Tour Guide/Owner, who, during last summer, was instrumental in touring two
different choirs from Great Britain.
Fort Erie Slot Machines
Alderman Janvary expressed concerns about a radio announcement advising that 10%
of the profits were going to the Fort Erie Race Track and 5% to the City of Fort Erie given
the situation as it exists in Niagara Falls and with the permanent Casino.
22 -
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Pietrangelo,
that the meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
~1111~ · III
TWENTY-FOURTH MEETING
COMMITTEE-OF-THE WHOLE
G.N.G.H. Board Room
September 27, 1999
Council met on Monday, September 27, 1999 at 4:30 p.m. in Committee-of-the-
Whole. Aft members of Council were present. Alderman Victor Pietrangelo presided as
Chairman.
Following consideration of the items presented, the Committee-of-the-Whole
did not report in open session.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
REGULAR COUNCIL
Council Chambers
September 27, 1999
Council met on Monday, September 27, 1999 at 7:00 p.m. for the purpose of
considering Regular Business matters. All members of Council were present. Alderman
Selina Volpatti offered the Opening Prayer..
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the
Planning/Regular Council Minutes of September 13, 1999, be adopted as printed. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Michalczyk indicated a pecuniary interest on Cheque Nos. 247045
because he is a volunteer firefighter,' 243103; 247209, 247040, 247112 and 247172 and
Communication - Winter Festival of Lights - Re Fireworks Display because of a law suit
with Bruce Ward.
Alderman Craitor indicated a pecuniary interest on Cheque Nos. 247028, 247109
and M92747 because a member of his family is employed by the Region.
AldeiT~an Feren indicated a pecuniary interest on Cheque No. M92755 because the
cheque is made payable to himself.
Aidelysian Wing indicated a pecuniary interest on Cheque No. 247067 because she
is an officer of the corporation.
MA YOR'S REPORTS, ANNOUNCEMENTS. REMARKS
Retirement
His Worship Mayor Thomson announced the retirement of Sam loftida, Manager
of Development and that a retirement party is being held on Friday, October 1, 1999. If
anyone is interested, please contact City Hall.
Congratulations
His Worship Mayor Thomson extended congratulations and best wishes on behalf
of Council to Alderman Norm Puttick and his wife Rosemary on the occasion of their 40th
wedding anniversary.
Apology
His Worship Mayor Thomson apologized for referring to the Wainfleet Marshville
Festival as the Wainfleet Swamp Festival indicating that he had not intended his remarks,
which were taken out of context, to have any derogatory connotation.
PRESENTARONS
1999 Summer Trilllure Awards
His Worship Mayor Thomson, Alderman Paisley Janvary-Pool, Chair of the
Environment Planning and Greening Committee and Alderman Shirley Fisher, a member
of the Trillium Committee presented the 1999 Summer Trillium Awards for Community
Beautification to the following local winners.
Residential
First Place: Bill & Wilma Selman; Second Place: George & Cindy Skelding; Third
Place: Russell & Sue Boles; Awards of Merit: Terry Bedell; Clarence Robinson; Rita
Daoust; Wally & Frances Mergl; Anne & Keith Mason; Maureen Szick; Harold &
Shirley Dawson; Pasquale Carbone.
Commercial/Institutional/Industrial/Multiple Dwelling Complexes
First Place: Dr. Bruce Herod; Second Place: Niagara Gateway Motel (Mario & Bruna
Sperandio); Third Place: Summerset Court Apts. (Anthony DiGiacomo).
His Worship Mayor Thomson, Alderman Paisley Janvary-Pool and Alderman
Fisher thanked and congratulated all the participants.
11 II
DEPUTATIONS
Speed Watch
Karl Dren, Parking & Traffic Manager provided information on the Speed Watch
Program; he advised that the purpose of this program is to make drivers aware of their
speeds in residential areas. This program would operate in conjunction with the Niagara
Regional Police. After a slide presentation, Karl introduced Inspector Damian Parrent
who briefly explained how the program works and announced that a press conference
for this program will be held on Thursday, September 30, 1999 on Willoughby Drive at
12:00 noon, all Council members and the Parking & Traffic Committee have been invited.
Following the announcement, Alderman Shirley Fisher advised that the Festival
of Lights announcement was scheduled to be at 12:00 noon on the same day and
requested a time change. Inspector Parrent advised that he would change the time and
let Karl Dren know of this change.
Alderman Kim Craitor advised that he attended at the Ontario Traffic Conference
that was held in Niagara Falls and wanted to recognize Marzenna Carrick and Karl Dren.
He also advised Inspector Parrent that it is necessary to have a police officer on the
Parking & Traffic Committee for a pertinent length of time, possibly for a 3 year period,
the same length of time a committee member will sit.
G.N.G.H. Hospital Foundation
Jeff Morgan made a brief presentation on behalf of the Greater Niagara General
Hospital Foundation and requested that the City of Niagara Falls donate $500,000. O0
spread out over a period of 5 years. He then introduced Dr. Ainslie, Chief of Staff and
Dr. Ratna Dan who explained the need for upgrading imagining x-ray equipment at the
G.N.G.H.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that the
matter be deferred to the 2000 budget deliberations. The motion Carried with Alderman
Puttick and Janvary-Pool voting contrary to the motion and with all others voting in
favour.
Police Services Board
Mr. Ted Salci, member of the Niagara Police Setvices Board introduced Ms.
Wendy Southall, Co-Chair with Inspector Dagenais of the Niagara Regional Police. Ms.
Southall presented the concept of the proposed Public Setvice Centre. His Worship
Mayor Thomson thanked Ms. Southall and requested that she send a copy of her
detailed presentation to members of Council for information.
His Worship Mayor Thomson excused Alderman Carolyn Ioannoni from the
meeting at 8:30 p.m. and she did not return.
Ruth Klopka
Mrs. Ruth Klopka expressed concems with respect to L-99-82, to Declare Lands
Surplus and Offer for Sale by Sealed Tender, Parts 3, 4 & 5 on Reference Plan No. 59R-
1568 East side of Swayze Drive. She is against selling the said property and suggested
that the City should hold on to the lands and do something special for the youth of
Niagara Falls with these lands or, in the alternative, add these lands to Kerr Park. She
asked if Council would defer their decision to sell the property.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary-Pool to
refer this to Parks, Recreation & Culture for further investigation. Carried Unanimously.
Anthony Pugliese
Mr. Anthony Pugliese, on behalf of P. P. & P. Hotels Limited made a request to
Council to purchase from the City/ands that are adjacent to rear of 5677 Victoria Avenue.
He advised that by purchasing these lands, he would beautify the property.
ORDERED on the motion of AIdeniian Wing, seconded by AIderman Volpatti to defer this
request and have Staff look at it again. Carried with Aldermen Feren, Puttick and Creitor
voting in opposition and all others voting in favour.
COMMUNICATIONS
Communication No. 209 - The Optimist Club - Re: Proclamation. The
communication requests that Council proclaim the week of November 1 - November 7,
1999 as "Youth Appreciation Week".
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
request be supported. Carried Unanimously.
Communication No. 210- Recreational Minor Hockey Association of Niagara Falls -
Re: Ice Time - The communication requests that this organization is in need of more
prime time ice hours appropriate to their age groups on a regular basis.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that this
matter be referred to Staff Canfed Unanimously.
Communication No. 211 - Winter Festival of Lights- Re: Fireworks Displays. The
communication requests Councirs approval to hold fireworks displays in the City of
Niagara Falls on November 20 and 26, December 3, 10, 26 and 31, 1999 at the Ontario
Hydro Station.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
request be supported subject to established policy. The motion Carried with Alderman
Michalczyk abstaining from the vote on a conflict of interest and with all others voting in
favour.
Communication No. 212 - Niagara Concerts - Re Proclamation. The communication
requests that Council proclaim the week of September 27 - October 3, 1999 as "Niagara
Concerts Week".
ORDERED on the motion of Alderman Pietrangelo, seconded by Alde~i~an Feren, that
the request be supported. Canfed Unanimously.
Communication No. 213 - Town of Markham - Re: Proclamation. The communication
requests that Council proclaim October 7, 1999 as "Wodd Mental Health Day".
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that
the request be supported. Canfed Unanimously.
REPORTS
PD-99-108 - Chief Administrative Officer - Re: Zoning By-law Amendment
App~cation; AM-24/99, 7900 Canadian Drive, A-Cubed property Management,
Proposed Additional Uses to L f Zone. The report recommends that Council approve
the application to add a laser eye centre and a private (non-emergency) ambulance
service as additional uses at 7900 Canadian Drive.
II II
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 Notice of the Public Meeting had been given in
accordance with the Regulations, by prepaid first class Mail on August 13, 1999.
His Worship Mayor Thomson received indication that the applicants were in
attendance and received a negative response to his request for a show of hands by
persons present who were interest 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject property with
the assistance of posted sketches and reviewed the information contained in the
Recommendation Report; and advised that staff was recommending approval of the
application.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a
negative response in opposition to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-24/99, closed.
ORDERED on motion of Alderman Fisher, seconded by Alderman Volpatti, that the report
be received and adopted. Carfed Unanimously.
MW-99-133 - Chief Administrative Officer - Re: Storm Sewer Cost Sharing. The
report recommends that Council approve the cost associated with the oversizing of a
1200mm diameter storm sewer. The City's estimated portion of the cost is $76,200. 00.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the report be received and adopted. Cardled Unanimously.
MW-99-134- Chief Administrative Officer- Re: Regional Road Transfers. The report
recommends that City Staff enter into negotiations with the Regional Municipality of
Niagara to effect the transfer of Regional Roads to the City of Niagara Falls, as identified
in Regional Report PWA 163-99, with no direct compensation.
ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the
report be received and adopted. Carfled Unanimously.
MW-99-f37 - Chief Administrative Officer - Re: Municipal Parking & Traffic
Committee, Recommendations - September 21, 1999 Meeting. The report
recommends the following:
MW-99-107 - Dorchester Road at Jill Drive - Intersection Control Review. The
report recommends that the All-Way Stop Control located at the intersection of
Dorchester Road and Jill Drive not be removed.
MW-99-122 - Jupiter Boulevard at Neptune Crescent/Pluto Crescent, Jupiter
Boulevard at Mercury Avenue, Intersection Control Review. The report
recommends that:
a stop sign be installed for southbound motorists on Pluto Crescent at
Jupiter Boulevard;
a stop sign be installed for northbound motorists on Neptune Crescent at
Jupiter Boulevard;
a stop sign be installed for northbound motorists on Memury Avenue at
Jupiter Boulevard; and,
playground signs be installed on Jupiter Boulevard in advance of the part
in either direction.
MW-99-123 - We/land Street at Banring Avenue - All-Way Stop Request. The
report recommends the following:
an all-way stop control be installed at the intersection of We/land Street at
Banring Avenue; and,
the Niagara Regional Police be requested to provide enforcement of the 50
km/h speed limit on We/land Street.
MW-99-125 - High/and Avenue at High Street - Request for All-Way Stop
Removal. The report recommends the following:
the all-way stop control at the intersection of High/and Avenue and High
Street be removed;
the existing heavy vehicle restriction on Highland Avenue between Lundy's
Lane and Frederica Street be amended to include "No Buses"
supplemented by a $5,000 fine tab; and,
the Niagara Regional Police be requested to strictly enforce the heavy
vehicle restriction on Highland Avenue; when manpower is available.
MW-99-126 - Municipal Parking Lot #13 - Main St. - Parking Lot Reconstruction.
The report recommends that Municipal Parking Lot #13 (Main St.) be
reconstructed at an estimated cost of $200,000,00, with the funds to be allocated
from the Parking Reserve Fund.
6. Municipal Parking Lot #5 - College Crescent/Palmer Avenue. The report
recommends that the property currently being/eased from the M.T.O. on the
comer of College Crescent and Palmer Avenue, be converted to a municipal
parking lot known as Municipal Parking Lot #5.
ORDERED on the motion of AIderrnan Craitor, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimously.
MW-99-138 - Chief Administrative Officer - Re: Award of Tender #13-99 -
Renovations to Lower Level - City Hall. The report recommends that Council award
Tender #13-99 for the Renovation to Lower Level City Haft to Draftcon Construction Ltd.
For the tendered amount of $ f 40, 956. O0 including all taxes.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren that
the report be received and adopted. Carried Unanimously.
R-99-58 - Chief Administrative Officer- Re: Tender #11-99 - F. H. Leslie Pool
Renovations. The report recommends that Council approve the By-Law appearing on
this evening's agenda, authorizing an Agreement with Kandu Pools for the work to be
completed as per Tender #11-99 for the Mechanical System Upgrades, Pool Plumbing,
and Concrete Deck renovations at F.H. Leslie Pool in the amount of $161,868.31
(including all applicable taxes).
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
R-99-59 Chief Administrative Officer - Re: Partial Roof Replacement
Chippawa/Willoughby Memorial Arena. The report recommends that Council approve
Tender #51-99 for the partial Roof Replacement at the Chippawa/Willoughby Memorial
Arena be awarded to Atlantic Roofers Ontario Ltd. For the tendered amount of
$20, 116. O0 (including all applicable taxes).
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Fisher that
the report be received and adopted. Carried Unanimously.
PD-99-109 - Chief Administrative Officer - Re: Request for Extension to Draft Plan
Approval, Ascot Woods Extension 6, 26T-92003, Owner: Ascot Woods Limited. The
report recommends the following:
a Council resolution supporting a one-year extension to draft plan approval for the
Ascot Woods Extension 6 Plan of Subdivision be adopted conditional on the
applicant maintaining the appropriate subdivision sign on the property for public
information purposes; and
2. a copy of this report and the Council resolution be forwarded to the applicant and
the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo that
the report be received and adopted. Carried Unanimously.
F-99-45 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that Council approve the municipal accounts totalling $1,800, 089. 62 for the
period ending September 27, 1999.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren that the
report be received and adopted. The motion Carried with Aldefi,en Michalczyk, Craitor,
Feren and Wing abstaining from the vote on conflicts of interest previously noted and
with all others voting in favour.
See By-law No. 99-206
F-99-46 - Chief Administrative Officer - Re: Funding for the supply and installation
of water meters. The report recommends that Council approve a short-term loan with
the City's bank in the amount of $4,000, 000. O0 for funding the supply and installation of
water meters.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Volpatti that
the report be received and adopted. Carried Unanimously.
L-99-95 - Chief Administrative Officer- Re: Establishment of a One Foot Reserve
As a Public Highway- Calaguiro Drive. The report recommends that the one foot
reserve described as Block 107 on registered Plan No. M-92 be established as part of
a public highway, to be known as Calaguiro Drive.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-203
CA0-99-01 - Chief Administrative Officer- Re: "Made In Niagara Governance
Model". The report recommends that Counc~ authorize participation by the City in an
independent review of the govemance issue in the Niagara Region upon terms of
/reference to be developed by the CAOs in the Region consistent with the Province's
criteria for restructuring of municipalities.
Regional Councillor Bill Smeaton was in attendance and responded to comments
and questions from the Mayor and members of Council. A lengthy discussion took place
where it was generally agreed that it was incumbent upon the Municipalities in Niagara
to develop a "Made in Niagara Governance Model" or the Province would impose
changes.
ORDERED on the motion of Aldei~iian Puttick, seconded by Alde~iian Feren that we
start the process and tell the consultants that we want to have 7 Alderman and a Mayor
to represent Niagara Falls and if Niagara-on-the-Lake joins us then add another
representative. The motion was Defeated with Alderman Puttick and Alderman Feren
voting for the motion and aft others voting against.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Volpatti that
the report be received and adopted. Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Feren, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
99-203
A by-law to establish block 107 on registered Plan No. M-92, as a public
highway, to be known as and to form part of Calaguiro Drive.
99-204 A by-law to amend by-law No. 79-200, as amended.
99-205
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Through Highways, Stop Signs at
Intersections).
99-206 To authorize monies for General Purposes (September 27, 1999)
The motion Canfed with Aldermen Michalczyk, Craitor, Feren and Wing abstaining from
the vote on By-law No. 99-206 on conflicts of interest previously noted and with all others
voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that
the following by-laws be now read a second and third time:
99-203
A by-law to establish block 107 on registered Plan No. M-92, as a public
highway, to be known as and to form part of Calaguiro Drive.
99-204 A by-law to amend by-law No. 79-200, as amended.
99-205
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Through Highways, Stop Signs at
Intersections).
99-206 To authorize monies for General Purposes (September 27, 1999)
The motion Canfed with Aldermen Michalczyk, Craitor, Feren and Wing abstaining from
the vote on By-law No. 99-206 on conflicts of interest previously noted and with all others
voting in favour.
III
NEW BUSINESS
McRae Street Rooding
Alderman Campbell referred to a petition he received from residents on McRae
Street with respect to flooding. He advised that their basements have been backing up
on a regular basis.
ORDERED on the motion of AIderrnan Campbell, seconded by AIderman Feren, that this
matter be referred to staff. Carded Unanimously.
Schizophrenic Society
Alderman Volpatti announced that a meeting has been scheduled by the
Schizophrenic Society, Niagara Falls Chapter and if anyone is interested in more
information, please call her at 358-0333.
Retirement Letter
Alderman Janvary-Pool suggested that a letter be sent to George Ba~ey on his
retirement.
Millennium Clock
Alderman Janvary-Pool announced that the construction of the Millennium Clock
has begun and would like to remind everyone that if you want your name put on it to get
your money in.
Santa Claus Parade
Alderman Michalczyk announced that the Santa Claus Parade will be held on
Saturday, November 20, 1999. Please contact Vito Scaringi at Parks, Recreation &
Culture for any further information.
Letter to Jack Smith. CEO. General Motors
His Worship Mayor Thomson was requested to read a letter that was being
forwarded to Jack Smith, CEO of Generel Motors in Detroit with respect to the fight back
program re loss of jobs by Niagara residents.
ORDERED on the motion by Alderman Fisher, seconded by Alderman Pietrangelo that
the meeting be adjoumed. Carded Unanimously.
10-
READ AND ADOPTED,
TWENTY-FIFTH MEETING
PLANNING MEETING
Council Chambers
October4, 1999
Council met on Monday, October4, 1999 at 7:00p. m. forthe purpose of considering
Planning/Regular Business matters. All members of Council were present. Alderman
Victor Pietrangelo offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Pietrangelo indicated a pecuniary interest on Report CD-99-25, because
he is employed by the School Board.
Alderman Michalczyk indicated a pecuniary interest on Cheque Nos. 247360
because he is a volunteer firefigher, 247238 and 247369 because of a law suit with Bruce
Ward.
Alderman Craitor indicated a pecuniary interest on Cheque Nos. M92771 and
M92767 because a family member is employed by the Region.
PRESEN TA TIONS
Tyler Decou - Recognition
His Worship Mayor Thomson and Lee Smith, Assistant Fire Chief recognized and
presented Tyler Deco,u with an award for his quick thinking during a medical emergency.
DEPUTATIONS
Tender Wishes
Steve Somerville, President, introduced Tender Teddy and Tender Tessie to
members of Council, advised that the bears were in attendance to obtain their marriage
licence and that the volunteers are planning a wedding for the bears on Wednesday,
October 22, 1999, 7:00 p.m. at Club Italia. Tickets are $35.00 per person. Anyone wishing
tickets can call 371-0600 or any member of Tender Wishes.
His Worship Mayor Thomson congratulated all volunteers on the committee and
urged the community to support the fundraiser which will help terrainally ill young people
fulfill their wishes.
!ll I'!'
Daredevil Haft of Fame
Jacob Sherman, President, Daredevil Haft of Fame Ltd. introduced Paula Rapp,
Co-ordinator of Fundraising - Niagara Support Services, Bill Waiters, President of the
Board of Directors of the Boys & Gifts Club, and Lori Lynn Lightfoot, Fund Development
Manager of the Boys and Gifts Club to members of Council as the three charities that
would benefit from this fundraiser; provided a brief summary of the Daredevil Haft of
Fame.
Paula Rapp provided a brief summary of the events that took p/ace during the skydiving
fundraiser and announced that this event raised $12, 000. 00.
Jacob Sherman recognized the five individuals who participated in the event and presented
an award to the following: Jeff Wallis, Mark Wikobrado, Kim Craitor, John Albanese and
Cathy Sherk.
Alderman Kim Craitor donated the jumpsuit that he wore the day of the jump to the
Daredevil Museum on the condition that whenever he jumps, he has access to it.
His Worship Mayor Thomson thanked everyone for their participation in supporting this
fundraiser.
Ms. Imogene Pasel, Facilitator, Niagara Falls Chapter, Depressive & Manic
Depressive Support Group provided a brief summary of the history of this support group
and provided information on Mental Illness Awareness Week. Ms. Pasel also expressed
the importance of establishing a special group for depressed young people and requested
Council to proclaim the week of October4 - 9, 1999 as "Mental Illness Awareness Week".
Ms. Pasel advised that if anyone was interested in establishing this special group to call
(905) 358- 7469 or e-ma~ www. dmd. niagara. com.
Following the presentation, it was ORDERED on the motion of AIde~iian Volpatti,
seconded by Alde,i~an Fisher, that the week of October 4 - 9, 1999 be proclaimed as
"Mental Illness Awareness Week". Carried Unanimously.
His Worship Mayor Thomson thanked Ms. Pasel for her presentation and wished
here success in her endeavours.
PLANNING MATTERS
PD-99- f f f- Chief Administrative Officer - Re: Zoning By-law Amendment Application;
AM-21/99; Romzap Ltd., c/o Anthony Zappitelli, 6755 Oakes Drive, Lands Leased
from Ontario Hydro & 6727 Stanley Avenue. The report recommends the following:
that Council deny the Zoning By-law amendment application which is requested to
permit the construction of several additions to the Sheraton Fallsview Hotel and
reduced parking standards;
that the applicant be encouraged to redesign the project in a manner which adheres
to the intent of the tourism policies and applicable design criteda and resubmit it for
further review by the Architectural Peer Review panel;
that an Altemative Dispute Resolution process be used to resolve any disputes that
arise from the Architectural Peer Review process; and
I~' III
that the applicant be encouraged to submit a revised Zoning By-law amendment
application after a successful Architectural Peer Review or Alternative Dispute
Resolution process.
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 Notice of the Public Meeting had been given in
accordance with the Regulations, on Tuesday, September 14, 1999.
His Worship Mayor Thomson received indication that Ms. Italia Gilberti, 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development provided information on the proposed
application with the assistance of posted sketches and reviewed the information contained
in the Recommendation Report; and advised that based on the foregoing, the application
to amend the Zoning By-law cannot be supported by staff and that the applicant should
submit a revised Zoning By-law amendment application.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a positive
response in opposition to the application.
Mr. Keith Anderson, 5826 Sunnylea Crescent, expressed concem regarding the
buffer zone, handling of sewage problems and the impact that this 30 storey development
would have in this residential area;
Ms. Italia Gilberti, Solicitor, on behalf of the Applicant, Romzap Ltd. provided
a brief overview of the contents of the application and introduced John Quinn, Landscape
Architect and Michael Moxam, Architect.
Mr. Michael Moxam, Architect, Dunlop Farrow Architects, provided a computer
slide presentation explaining the proposals of the application with respect to an existing
and new building. He further explained how this application meets the key issues of the
Peer Review Board and that the applicant followed the application guidelines and
submitted all of the documentation required of the site plan application.
Ms. Italia Gilberti, Solicitor, presented a history of the steps the applicant took in
order to submit this application, which is unique and does not adhere to current standards.
Council was advised that even though the applicant was denied the right to make a
presentation and submissions to the Peer Review Panel, the application met the spirit and
intent of the TAD Study and the applicant submitted all documents, plans, studies and
drawings for consideration of this application. Ms. Gilberti advised that she believes this
application does meet all qualifications and urged Council to approve this application
tonight.
!ll
Mr. Wayne Murray, Peer Review Committee for this application, briefly
explained the Peer Review criteria for this application and advised Council that he believed
the applicant felt no obligation to comply to the Peer Review because of the existing
building. Mr. Murray concluded that the application failed to comply with the criteria in TAD
Study.
A lengthy debate ensued between Council members.
Anthony Zappitelli, Applicant provided Counc~ with a history of the procedure
that the applicant took in order to submit his application and the delays he encountered
along the way. Council was advised that in his opinion, City Staff delayed this application.
Michael Kirkland, Architect, Kirkland Partnership Architects, City
representative on the Peer Review Panel, briefly advised Council that he was not directly
involved in this particular project but stated it was a crucial project and that his
recommendation to Council was not to approve this application tonight but to refer it back.
Mr. Kernahan, Niagara Parks Commission, briefly summarized the events of the
evening, assured Council that Niagara Parks Commission will endorse the guidelines of
the Peer Review process and will work together with the City so there will not be any
unnecessary delays to any developer.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-21/99, closed.
Following some discussion, ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Campbell, that the report be deferred. The motion Carried with
Aldermen Campbell, Wing, Ioannoni, Volpatti, Janvary-Pool, Fisher and His Worship
Mayor Thomson voting in favour and with all others voting in opposition.
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
Minutes of September 27, 1999 Council meeting be approved as printed. Carried
Unanimously.
COMMUNICATIONS
Communication No. 214 - Joe Longo, Chief Librarian - Re: Proclamation. The
communication requests that Council proclaim the week of October 18 - 24, 1999 as
"Ontario Public Library Week".
ORDERED on the motion of Alderman Volpafti, seconded by Alderman Pietrangelo, that
the request be supported. Carried Unanimously.
Communication No. 215- "The Mike Strange Olympic Training Fund" The
communication requests Council to waive the fees incurred at Niagara Falls Arena in order
to present Team Canada vs. Team U.S.A. dual boxing meet to take place on Thursday,
October 28, 1999, which will enable Mike Strange, a member of Team Canada, to make
a farewell appearance and announce his retirement after the 2000 Olympic Games.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Michalczyk, that
the request be approved. Carried Unanimously.
'11' III
REPORTS
MW-99-140 - Chief Administrative Officer - Re: Award of Tender #99-164-97 -
Cathodic Protection Program. The report recommends that the unit prices submitted by
the low tenderer, O/A Starmax Construction be accepted and the by-law be passed.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-209
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Campbell, seconded by Alderman Michalczyk, that
the actions taken in Community Services Committee, earlier this evening, be appmved.
1. That the minutes of the September 13, 1999 meeting re adopted as recorded.
Report F-99-47 - That the Municipal Accounts totalling $8,288, 569.34 for the period
ending October4, 1999, be approved.
=
Report F-99-48 - Final Billing Update for Capped Classes: Commercial, Industrial
and Multi-Residential, be received for information.
That the request be denied for additional financial assistance for Elizabeth
Blanch~eld's attendance at the 1999 National Senior Games.
Report PD-99-110, Architecture/Peer Review Implementation and Zoning
Application Procedures - That Michael Kirkland's presentation on the role and
responsibilities of the Architectural Peer Review Panel be received for information.
6. From the In Camera Session:
That staff resolve the tax matter as previously directed by the Corporate
Services Committee.
The motion Carded with Aldermen Orr and Wing opposing item #6 and all others voting in
favour.
ORDERED on the motion of Alderman Feren, seconded by Alderman Michalczyk, that the
actions taken in Corporate Services Committee, earlier this evening, be approved.
From the In Camera Session:
Re: Viscount Hotel Niagara Limited, 6039 Stanley Avenue, in the matter of an
Assessment Review Hearing. That Mr. John Crossingham of the firm of Crossingham,
Brady, Miller be retained by the City and authorized to do the following:
To make an application for review of the above-named hearing to the
Assessment Review Board.
To file a Notice of Appearance and to defend the application for Judicial
Review.
To take all necessary steps in both matter.
Carried Unanimously.
ill !q!F
L-99-72 - Chief Administrative Officer - Re: Appointment of Municipal By-law
Enforcement Officer. The report recommends that Sue Wheeler be appointed a
Municipal By-law Enfomement Officer for the purpose of enfoming Municipal By-laws of the
City of Niagara Falls.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-207
L-99-96 - Chief Administrative Officer- Re: Establishment of Daylighting Triangle As
a Public Highway- Paddock Tra~ Drive. The report recommends that the daylighting
triangle described as Part 3 on Reference Plan No. 59R-10736 be established as a public
highway, to fort, part of Paddock Trail Drive.
ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-208
CD-99-25 - Chief Administrative Officer- Re: Special Occasion Permit. The report
recommends that Council indicate it has no objection to the issuance of a Special Permit
to Saint Michael High School
ORDERED on the motion of Alderman Janvary-Pool, seconded by Alder~i~an Feren, that
the report be received and adopted. The motion Carried with Alde~iian Michalczyk
abstaining from the vote on a conflict of interest previously noted and with all others voting
in favour.
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
99-207
A by-law to appoint Municipal By-law Enfomement Officers for the City of
Niagara Falls.
99-208
A by-law to establish Part 3 on Reference Plan No. 59R-10736, as a public
highway, to be known as and to form part of Paddock Trail Drive.
99-209
A by-law to authorize the execution of an agreement with 1211989 Ontario
Ltd. operating business as Starmax Construction respecting the Cathodic
Protection Program.
99-210
A by-law to amend By-law No. 79-200, as amended. (Re: AM-23/99,
Bridgewater Street).
99-211
A by-law to authorize the execution of a Development Agreement with
1346699 Ontario Limited respecting the Ledwez Estates Subdivision.
99-212 A by-law to authorize monies for General Purposes (October 4, 1999).
99-213 A by-law to authorize the execution of an agreement with Sacco Construction
Limited operating business as Kandu Pools respecting improvements to F.H.
Leslie Pool- Valley Way.
The motion Canfed with Aldermen Michalczyk and Craitor abstaining from the vote on By-
law No. 99-212 on a conflict of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that
the following by-laws be now read a second and third time.
I!! Ill
99-207
A by-law to appoint Municipal By-law Enfomement Officers for the City of
Niagara Falls.
99-208
A by-law to establish Part 3 on Reference P/an No. 59R-10736, as a public
highway, to be known as and to form part of Paddock Trail Drive.
99-209
A by-law to authorize the execution of an agreement with 1211989 Ontario
Ltd. operating business as Starmax Construction respecting the Cathodic
Protection Program.
99-210
A by-law to amend By-law No. 79-200, as amended. (Re: AM-23/99,
Bridgewater Street).
99-211
A by-law to authorize the execution of a Development Agreement with
1346699 Ontario Limited respecting the Ledwez Estates Subdivision.
99-212 A by-law to authorize monies for General Purposes (October 4, 1999).
99-213
A by-law to authorize the execution of an agreement with Sacco Construction
Limited operating business as Kandu Pools respecting improvements to F.H.
Leslie Pool - Valley Way.
The motion Carried with Aldermen Michalczyk and Craitor abstaining from the vote on By-
law No. 99-212 on a conflict of interest previously noted and with all others voting in favour.
NEW BUSINESS
Terry Fox Run
Alderman loannon/ thanked everyone who participated in the Terry Fox Run and
reported that this event raised $43,000. 00.
Concerns in Chippawa
Alderman Fisher expressed that there are many concerns in the V/I/age, for example
treffic speeds, etc. and announced the Citizens Committee will be holding an open house
on October 26, 1999 at 7:00 p.m., Lions Hall. Police Services will be attending to answer
any questions.
Belated Birthday Wishes
Aldeniian Fisher apologized to His Worship Mayor Thomson for not expressing
birthday wishes last week and sang "Happy Birthday" with the help of all the Aldermen.
Volunteer Recognition Night
Alderman Janvary-Pool announced that The Niagara Falls Recreation Commission
will be holding their 'Volunteer Recognition Night 99' on Friday, October 15, 1999 at 6:30
p.m. at Optimist Youth Hall.
Millennium Clock
Alde~iiian Janvary-Pool announced that there is still room to put your name on the
clock and encouraged everyone to participate.
ORDERED on the motion of Alderman Feren, seconded by Alderman Michalczyk, that the
meeting be adjoumed. CanYed Unanimously.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
r~! III
TWENTY-SIXTH MEETING
COMMITTEE-OF- THE WHOLE
Committee Room #2
October 18, 1999
Council met on Monday, October 18, 1999 at 6:30 p.m. in Committee-of-the-
Whole. All members of Council, with the exception of Alderman IoannonL were present.
Alderman Ken Feren presided as Chairman.
Following consideration of the item presented, the Committee-of-the-Whole rose to
report in open session.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
REGULAR COUNCIL
Council Chambers
October 18, 1999
Council met on Monday, September 27, 1999 at 7:00 p.m. for the purpose of
considering Regular Business matters. All members of Council were presenL Alderman
Janvary-Pool offered the Opening Prayer..
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the
Planning/Regular Council Minutes of October 4, 1999, be adopted as printed. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Pietrangelo indicated a pecuniary interest on PD-99-114, L-99-97
because a member of his family is involved; Cheque Nos. M92779, M92776 and By-law
No. 99-218 because he is employed by the School Board;
Alderman Ioannoni indicated a pecuniary interest on Special Meeting, Tuesday,
October 12, 1999 regarding C.U.P.E. Negotiations and Committee-of-the-Whole item
dealing with C.U.P.E Negotiations as a member of her family is a member of the Union;
Alde,,an Campbell indicated a pecuniary interest on Cheque No. M9277, 247436
and by-law 99-218 because he is employed by the School Board;
Aldemian Craitor indicated a pecuniary interest on Cheque Nos. M92772, 247475,
247634 because a member of his family is employed by the Region;
Alderman Michalczyk indicated a pecuniary interest on Cheque Nos. 247417,
247481 because he is a volunteer firefighter and report L-99-97.
Alderman Craitor advised Council that he has had numerous complaints from the
public with respect to the quality of the sound and picture of the television broadcast of
Council meetings. He also reported that the public is so frustrated that they have stopped
watching Council.
ORDERED on the Motion of Alderman Craitor, seconded by AIderrnan Feren to refer
this to Staff for further investigation into improving the quality of the sound and picture.
DEPUTATIONS
Canadian Cancer Society
Angle Montagna provided a brief explanation of how the "JaiI-N-Ba~' fundraiser
works and invited the community to take part and support this fundraiser. Hotline numbers
were also provided as follows: 356-3151, 357-2210 and 358-6364.
His Worship Mayor Thomson thanked a~ the volunteers and congratulated them
for all their hard work for such a worthy cause and also wished them success in their
fundraiser.
ORDERED on motion of Alderman Ioannoni, seconded by Alderman Fisher to support this
cause. Carried Unanimously.
The YWCA Week Without Violence
Ms. Bernice Mowat, Chairperson, Week Without Violence presented a brief
explanation of the concept of the Week Without Violence and how every Y.W.C.A. in
Canada will be participating in this cause. Ms. Mowat requested that Council proclaim the
week of October f7 - 23, 1999 as "Week Without Violence" and then introduced Kathleen
Taylor, Residential Manager of Y.W.C.A. who provided a brief presentation on how the
Y.W.C.A. staff provides the necessary service to aft women in need and emergency
housing for women, youth and children in the community. She stated that this is a nation
wide fight against violence. His Worship Mayor Thompson thanked Ms. Mowat and Ms.
Taylor for attending and congratulated them on the brochure and tips that they provided
to us.
ORDERED on motion of Alderman Fisher, seconded by Alderman Volpatti, that Council
proclaim the week of October 17- 23, 1999 as "Week Without Violence".
Carried Unanimously.
Casino Niagara International Marathon
Dr. Stafford Dobbin, Chairman, first thanked all the sponsors and volunteers of
the marathon and secondly thanked City staff for their fine efforts in putting together a
finish line for this event. He thank Council for their support in the past as well, and
informed Council that there are runners participating in this marathon from as far as
Europe, Asia and Africa.
ORDERED on the motion of Alderman Feren, seconded by Alderman Janvary-Pool to
endorse the marathon and to authorize city staff to provide assistance in kind, in setting up
the finish line. The motion Carried with Alderman Orr abstaining from the vote on a conflict
of interest and with all others voting in fayour.
PLANNING MATTERS
PD-99-113- Chief Administrative Officer-Re: Zoning By-law Amendment Application;
AM-25/99; 656508 Ontario Limited c/o George Yerich, 5200 Robinson Street (SkyIon
Tower Lands) The report recommends the following:
1)
that Council approve the Zoning By-law amendment application which is requested
to permit the construction of a 26-storey, 258 room hotel beside the Skyion Tower,'
that the applicant be required to complete traffic impact study and incorporate its
findings and recommendations and those of the City's servicing studies as
conditions for this development;
the amending by-law be prepared in accordance with Section 37 of the Planning Act
(Bonusing) and the City's recently adopted tourism policies. A holding provision (H)
shall be incorporated to prohibit the hotel development until the traffic, servicing,
and public realm improvement issues have been resolved to the City's satisfaction;
and
that the applicant be required to participate in a second Architectural Peer Review
exercise for the future improvements to the public realm.
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 Notice of the Public Meeting had been given in
accordance with the Regulations, on Tuesday, September 28, 1999.
His Worship Mayor Thomson received indication that Mr. Don May, Planner was in
attendance on behalf of the applicant and received a negative 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development provided information on the proposed
application with the assistance of posted sketches and reviewed the information contained
in the Recommendation Report; he advised Council that this application confirms with the
development strategy guidelines and has passed the Architectural Peer Review and
advised that based on the foregoing, the application to amend the Zoning By-law be
supported by staff.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
A lengthy discussion took place with respect to a letter dated October 4, 1999 from
Niagara Parks Commission to the Region and the (H) provision and whether or not a third
party has the right to appeal on the removal of this (H) provision.
Mr. Donald May, Planner, on behalf of the Applicant, SkyIon Tower Lands.
provided a brief overview of the process in which this application can be approved and how
this project has passed Architectural Peer Review. He explained the (H) process, and
addressed the issues contained in the objection letter from Cassels Brock & Blackwell
dated October 18, 1999.
Mr. Ross Hanham, Architect, provided an explanation of the contents of the Peer
Review Report and how this project complies with the Tourist Development Strategy
Guidelines which Council adopted.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-25/99, closed.
Following some discussion, ORDERED on the motion of Alderman Fisher, seconded
by Alderman Feren, that the report be approved. CatTied Unanimously.
ORDERED on motion of Alderman Puttick, seconded by Alderman Michalczyk, that
Zoning By-law Amendment Application, AM-21/99 be brought forward and the public
meeting be continued. Carried Unanimously.
PD-99-ff6, Chief Administrative Officer- Status Report - Re: Zoning By-law
Amendment Application AM-21/99; Romzap Ltd., c/o Anthony Zappitelli, 6755 Oakes
Drive. The report recommends that Council receive and file this report for information
purposes.
- AND -
Communication No. 216 - Tiffany Gratton. The communication expresses support for
the proposed expansion of the Sheraton Fallsview Hotel and Conference Centre.
Ms. Italia Gilberti, Solicitor, on behalf of the Applican~ Romzap Ltd. requested Council
to consider the revised application as submitted as a result of the outcome of meetings
held with Staff and the Peer Review Panel.
Mr. Michael Moxam, Architect, Dunlop Farrow Architects, explained to Council the
significant revisions that were made to the application. With the use of computer images
Mr. Moxam advised that the new tower that had 9 rooms per floor was reduced to 8 rooms
per floor and this increased the space separation between the Comfort Inn and the new
tower by about 15 feel The images also demonstrated the difference in the new physical
appearance with setbacks at various levels. It was also brought to Councirs attention that
the shadowing concems of Mr. Anderson were investigated and it was determined that the
shadowing was coming from the other existing buildings in the area.
Ms. Italia Gilberti, Solicitor, on behalf of the Applicant, Romzap Ltd. advised Council
that after meeting with the Peer Review Panel and Staff, significant changes were made
to the Applicanrs application. The Applicant proposes to submit his application in two
stages:
1. The Applicant requests Councirs consideration and approval of the proposed 8
storey addition to the existing tower as submitted, the 30 storey tower as revised and the
proposed trade centre as submitted.
2. The Applicant shaft submit an application for an amendment to the Official Plan
for the proposed additional height for the additional 6 stories in the new tower from the 31't
floor to the 36th floor and seek Council's approval for exemption from the strict compliance.
After meeting with Mr. Anderson with respect to his concems, Ms. Gilberti advised
Council that photos were taken from different angles and after a brief explanation of these
photos it was determined that the proposed 30 storey building would not affect the
residents in Mr. Anderson's neighbourhood.
Mr. R. O. Kallio, City Solicitor, expressed a concem that Council should consider
whether or not this matter was propedy brought back before Council and also, if additional
notice to the public should be made before Council approves this application.
A discussion ensued between Council members and Staff regarding the risks
Council would be taking with respect to notice of the public meeting. Mr. Kallio advised
Council that there is no legal risk to Council if they approve this application under these
circumstances.
Mr. Keith Anderson, 5826 Sunnylea Crescent, advised Council that the photos
previously described by Ms. Gilberti were not accurate. He expressed his previous
concerns and advised Council that he still opposed this development.
Ms. Sandy Mitchell, questioned Mr. Anderson on his concems with respect to seeing this
development as a waft effect.
Mr. David Devine, 44 Queensway Gardens, expressed concem with respect to the offsite
parking issue.
Ms. Gilberti clarified for Council that the applicant would be offering valet parking and a
shuttle bus.
Mr. Wayne Murray, Peer Review Committee for this application, advised Council that
the Applicant's revised application still does not comply with the Peer Review Guidelines
and if Council approves this, they will be approving the same application as was put
forward last week.
A lengthy discussion ensued between Council members, Staff and the Architect.
The Director of Planning advised Council that if this application is approved this evening,
then it is recommended that approval should be subject to conditions set out by Staff and
be brought back at the next regular Council meeting.
The Chief Administrative Officer, as weft as the City Solicitor advised Council of the
necessity to pass a resolution dispensing with the holding of a further public meeting as
a safeguard.
ORDERED on a motion of Alderman Volpatti, seconded by Alderman Ioannoni, that a
resolution be passed stating that, since the application before us this evening is an
amendment to the original application, we dispense with holding a further public meeting
and consider the matter this evening. The motion Ca~ed with Alderman Wing, Alderman
Janvary-Pool, Alderman Fisher and Alderman Campbell voting contrary and with aft others
voting in favour.
Following some further discussion, it was ORDERED on the motion of Alderman Feren,
seconded by Alderman Volpatti, that Council approve the 8 storey addition to the existing
tower, the second 30 storey hotel tower and trade centre additions to the Sheraton
Fallsview AM/23 subject to conditions of approval being brought forward to the next regular
Council meeting. The motion Carried with Alderman Wing, Alderman Janvary-Pool,
Alderman Fisher and Alderman Campbell voting contrary and with all others voting in
favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the correspondence be received and filed. Catfled Unanimously.
His Worship Mayor Thomson excused Alderman Puttick at this time and he did not return.
MA YOR'S REPORTS. ANNOUNCEMENTS, REMARKS
Niagara Christian College Students
Mayor Wayne Thomson advised that 8 or 9 students from Niagara Christian College
attended in Council Chambers to offer individual prayers from each student to our Council
and City. Mayor Thomson expressed his thanks to Cal Beresh as the leader, and aft the
students for their kind prayers.
Shortage of Doctors in Niagara Falls
Mayor Wayne Thomson expressed concem with respect to the ongoing problem of the
shortage of doctors in Niagara Falls. He advised that after meeting with Mr. Carter, Dr.
David Dek and Dr. Ainslie it was determined that we are at least 20 doctors short in this
City. Mayor Thomson requested support from this Council to set up a committee to come
up with ideas to entice new doctors to locate in Niagara Falls.
ORDERED on motion by Alderman Janvary-Pool, seconded by Alderman Fisher to set up
a committee and come back to Council with ideas to entice new doctors to locate in
Niagara Falls. Catfled Unanimously.
COMMUNICATIONS
Communication No. 217- Coats for Kids - Re: Proclamation. The communication
requests that Council proclaim the week of November 1 - November 8, 1999 as "Coats for
Kids Week".
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that the
request be supported. Catfled Unanimously.
Communication No. 218 - Fallsview, BIA, Chairman - The communication advises
Council of the new Board of Directors, 1999 Budget and Operating Rules.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
information be approved. Catfled Unanimously.
Communication No. 219 - Municipa~ty of Chatham-Kent - Re: Competitiveness of
Agri-Food Sector - The communication requests Council's approval of a resolution
recently passed respecting Competitiveness of Agri-Food Section.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Michalczyk, that
the request be supported. Catfled unanimously.
Additional Items for Council Consideration:
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Feren that all
correspondence in the handout files be received and filed. Carried Unanimously.
REPORTS
MW-99-141- Chief Administrative Officer - Re: Winter Sand 1999-2000 Season -
Regional Tender #99-T-26. The report recommends that the tender for supply and
delivery of winter sand, including the mixing of sa/t with this sand, be awarded to Vineland
Quarries for the unit prices tendered.
ORDERED on the motion of Alderman Feren, seconded by Alderman Janvary-Pool, that
the report be received and adopted. Carried Unanimously.
MW-99-142 - Chief Administrative Officer - Re: Award of Tender #99-183-99 -
Bridgewater Street Site Servicing. The report recommends that Council approve the
unit prices submitted by the lower tenderer, Ebersole Excavating Inc., be accepted and the
by-law passed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary-Pool, that
the report be received and adopted. Carried Unanimously.
See By-law No. 99-214
MW-99-144 - Chief Administrative Officer - Re: Year 2000 Watermain Project -
Consultant Selection. The report recommends that Council grant permission for Staff to
engage Consultants to carry out the design work for the Year 2000 Watermain Program.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary-Pool, that
the report be received and adopted. Carried Unanimously.
MW-99-f45 - Chief Administrative Officer - Re: Montrose Road Improvements,
Lundy's Lane to Kinsmen Court, Phase I - Storm Sewer Installation. The report
recommends that this report be received and filed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary-Pool, that
the report be received and adopted. Carried Unanimously.
R-99-61 - Chief Administrative Officer- Re: Veteran's Week. The report recommends
that Council approve the following:
a) to recognize Veteran's Week from November 7th to November 13~ 1999,
to institute a Two Minute Wave of Silence throughout the City of Niagara
Falls at 11:00 a.m. on November 11t~ 1999; and
c) to proclaim Veteran's Week.
Alderman Janvary-Pool advised Council that on November 8, 1999 at City Hall there will
be a flag display, as well as a special prayer said for all veterans.
ORDERED on the motion of AIdefiilan Janvary-Pool, seconded by Alderman Fisher that
the report be received and adopted. Canfed Unanimously.
R-99-62 - Chief Administrative Officer- Re: Quotation for the Supply and Installation
of Landscape Boulders for the QEW/Mountain Road Municipal I. D. Sign. The report
recommends that Quotation 57-99 for the supply and installation of landscape boulders for
the QEW/Mountain Road Municipal I.D. Sign landscaping for the quoted amount of
$23,690. 87 (including all applicable taxes) be appreved.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool,
that the report be received and adopted. Carried Unanimously.
PD-99-114- Chief Administrative OfFicer - Re: Request for Removal of Part Lot
Control, Monastery Drive, Lots 26, 29 & 30 and Blocks 58 & 59, Registered Plan 59M-
201. The report recommends that:
Council approve the application and pass the appropriate by-law to designate Lots
26, 29 & 30 and Blocks 58 & 59, Registered Plan 59M-201, as exempt from Part Lot
Control; and
2) the applicant be required to notify the City when the separate deeds have been
registered in order for the by-law to be repealed.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk that the
report be received and adopted. The motion Carried with Aldermen Pietrangelo abstaining
from the vote on a conflict of interest previously noted and with all others voting in favour
See By-law No. 99-220
PD-99-115 - Chief Administrative Officer- Re: Application for Site Plan Approval,
SPC-26/99, 75t4 Lundy's Lane, Proposed Four-Storey Motel. The report recommends
that:
Council approve the site plan for a proposed four-storey hotel at 7514 Lundy's Lane
conditional upon the applicant obtaining consent from JLA Factory Outlet Holdings
Limited for the proposed storm sewer connection to the storm sewer system for the
abutting Canada One Outlet Mall: and
2) Council approve an amendment to By-law No. 80-114 in order to designate the fire
access route.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Fisher that the
report be received and adopted. Carfled Unanimously.
See By-law No. 99-216
F-99-49 - Chief Administrative Officer- Re: Municipal Accounts. The report
recommends that Council approve the municipal accounts totalling $11,549, 464.11 for the
period ending October 18, 1999.
ORDERED on the motion of Alderman Pietrangelo, seconded by AldeR~ian Feren that the
report be received and adopted. The motion Carfled with Aldermen Michalczyk, Craitor,
Pietrangelo and Campbell abstaining from the vote on conflicts of interest previously noted
and with all others voting in favour.
See By-law No. 99-222
CS-99-07- Chief Administrative OfFicer- Re: "Made in Niagara" Governance Model
The report recommends:
That City Council approve the attached "draft" Terms of Reference regarding the
hiring of a consultant to assist with proposed Governance Structure options for
Niagara, and further
2) That Council agree to share in the cost to hire a consultant to undertake this study
(approximately $15, 400).
Following a brief discussion, it was ORDERED on the motion of Alderman Michalczyk,
seconded by Alderman Craitor that the report be received and adopted. Carried
Unanimously.
L-99-97 - Chief Administrative Officer- Re: Vanschie Agreement with the City
Building Permit- Testamentary Devise. The report recommends that Council authorize
an Agreement dated September 22, 1999, between Terri-Lynn Aurore Vanschie and
Francis Joseph Vanschie and the City regarding application for a Building Permit.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary-Pool that
the report be received and adopted. The motion Car~ed with Aldermen Michalczyk, and
Pietrengelo abstaining from the vote on conflicts of interest previously noted and with aft
others voting in favour.
See By-law No. 99-215
L-99-99 - Chief Administrative Officer- Re: Amendment to By-law No. 6867, 1965,
Waste By-law. The report recommends that the Waste By-law No. 6867, 1965 be
amended to clarify the restriction regarding the puffing out of garbage at the curb before
the appropriate hour. And further that the by-law be passed.
ORDERED on the motion of AldeiTiian Michalczyk, seconded by Alderman Feren that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-219
L-99-100 - Chief Administrative Officer - Re: Establishment of One Foot Reserve as
a Public Highway - Preakness Street. The report recommends that the one foot reserve,
described as Part I on Reference Plan No. 59R-10841, be established as a public
highway, to fo.. part of Preakness StreeL
ORDERED on the motion of AIdeiiiian Pietrengelo, seconded by Alderman Ioannoni that
the report be received and adopted. Carried Unanimously.
See By-law No. 99-217
L-99-94 - Chief Administrative Officer- Re: Cat Trap Policy. The report recommends
that the Cat Trap Use Policy be approved.
Following a brief discussion, it was ORDERED on the motion of Alderman Michalczyk,
seconded by Alderman Creitor that the
report be deferred for further discussion. Carried Unanimously.
It was moved by Alderman Fisher, seconded by Alderman Pietrangelo, that approval be
granted to proceed past 11:00 p.m. Carried Unanimously.
HR-99-09 - Chief Administrative Officer - Re: Perfect Attendance Presentation. The
report recommends that this report be received for the information of Council.
ORDERED on the motion of Alderman Feren, seconded by Alderman Janvary-Pool that
the report be received and adopted. CanYed Unanimously
RA TIFICA TION OF COMMITTEE-OF- THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Michalczyk, seconded by AldeiTiian Campbell, that
the actions taken in Committee-of-the-Whole, earlier this evening be approved:
10-
That Council ratify irs decision to reject unanimously the motion put forward by the
membership of C.U.P.E. Local 133 regarding the present contract negotiations, and that
the Corporation's Negotiating Committee be instructed to advise the Negotiating
Committee of C, U.P.E. Local 133 that irs final offer remains open for acceptance by the
membership, subject to such modification as may be made within the financial limits
provided for by the aforesaid final offer.
The motion Carried with Aldermen Ioannoni abstaining from the vote on a conflict of
interest previously noted and with all others voting in favour
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
99-214
A by-law to authorize the execution of an agreement with Ebersole
Excavating Inc. respecting the Bridgewater Street Extension of Services.
99-215
A by-law to authorize an Agreement, dated September 22, 1999, between
Terri-Lynn Aurore Vanschie and Francis Joseph Vanschie and The
Corporation of the City of Niagara Falls regarding application for a Building
Permit.
99-216
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.
99-217
A by-law to establish Part 1 on Reference Plan No. 59R-10841, as a public
highway, to be known as and to form part of Preakness Street.
99-218
A by-law to authorize the acceptance of a transfer of easement from Niagara
Catholic District School Board and District School Board of Niagara for the
purpose of a storm sewer easement.
99-219
A by-law to amend By-law No. 6867, 1965 regulating the handling, collecting
and disposal of garbage, ashes and other refuse.
99-220
A by-law to designate Lots 28, 29 and 30 and Blocks 58 and 59 on
registered Plan No. 59M-201 not to be subject to part lot control.
99-221
A by-law to authorize the execution of a consulting agreement with Totten
Sims Hubicki Associates (1997) Limited respecting the Niagara Falls
Transportation Master Plan Update.
99-222 To authorize monies for General Purposes (October 18, 1999)
The motion Carried with Aldermen Pietrangelo and Campbe~ abstaining from the vote on
By-law No. 99-218 on conflicts of interest previously noted and with a~ others voting in
favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by AIderman Feren, that the
following by-laws be now read a second and third time:
99-214
A by-law to authorize the execution of an agreement with Ebersole
Excavating Inc. respecting the Bridgewater Street Extension of Services.
11 -
99-215
A by-law to authorize an Agreement, dated September 22, 1999, between
Terri-Lynn Aurore Vanschie and Francis Joseph Vanschie and The
Corporation of the City of Niagara Falls regarding application for a Building
PerTnit.
99-216
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.
99-217
A by-law to establish Part 1 on Reference P/an No. 59R-10841, as a public
highway, to be known as and to form part of Preakness Street.
99-218
A by-law to authorize the acceptance of a transferof easement from Niagara
Catholic District School Board and District School Board of Niagara for the
purpose of a storm sewer easement.
99-219
A by-law to amend By-law No. 6867, 1965 regulating the handring, collecting
and disposal of garbage, ashes and other refuse.
99-220
A by-law to designate Lots 26, 29 and 30 and Blocks 58 and 59 on
registered Plan No. 59M-201 not to be subject to part lot control.
99-221
A by-law to authorize the execution of a consulting agreement with Totten
Sims Hubicki Associates (1997) Limited respecting the Niagara Falls
Transportation Master Plan Update.
99-222 To authorize monies for General Purposes (October 18, 1999)
The motion Carried with Aldermen Pietrangelo and Campbell abstaining from the vote on
By-law No. 99-218 on conflicts of interest previously noted and with all others voting in
fayour.
NEW BUSINESS
Dog Bite - Burdette Drive
Alderman Ioannoni advised Council that she had been contacted by residents of Burdette
Drive with respect to two pit bulls attacking an elderly lady on Burdette Drive and that they
expressed serious concems for their safety.
R. O. Kallio advised Council that a legal court action will be filed under the Dog Owners'
Liability Act this week.
Week of the Child
Alderman Fisher announced that this week is the "Week of the Child" and an Open House
will take place at the Boys and Girls Club on Wednesday, October 20, 1999 from 5:00 p.m.
to 8:30 p.m. and encouraged everyone's support.
"Niagara Classic Golf Tournament"
Alderman Craitor requested that a letter of congratulations be sent to Noel Buckley and
Brian Merrett for their success in this tournament.
12 -
Santa Clause Parade
Alderman Michalczyk reported on the status of the parade and the great response to
participation.
ORDERED on the motion by Alderman Feren, seconded by Alde~an Michalczyk that the
meeting be adjoumed. CatTied Unanimously.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
TWENTY-SEVENTH MEETING
COMMITTEE-OF- THE WHOLE
Fire Station No. 4
November 1, 1999
Council met on Monday, November 1, 1999 at 6:15 p.m. in Committee-of-the-
Whole. All members of Council, with the exception of Alderman Wing and Alderman
Michalczyk were present. Alderman Judy Orr presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
REGULAR COUNCIL
Council Chambers
November 1, 1999
Council met on Monday, November I, 1999 at 7:00 p.m. for the purpose of
considering Regular Business matters. All members of Council, with the exception of
Alderman Wing and Alderman Michalczyk were present, Alderman Orr offered the
Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the
Regular Council Minutes of October 18, 1999, be adopted as printed. Canfed
Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Ioannoni indicated a pecuniary interest on H-99-10 because a member
of her family is a memberof the Union and Cheque No. 247751 because she is employed
by the recipient;
Alderman Craitor indicated a pecuniary interest on Cheque Nos. 247778, M92808,
M92814, M92805, 247927, 247702 and M92807 because a member of his family is
employed by the Region;
Aidelysian Orr indicated a pecuniary interest on Report MW-99-146 because she is
an employee of the Ontario Casino Corporation.
PRESENTATIONS
His Worship Mayor Thomson recognized and presented Mr. John Giancola and Ms.
Cathy Collette with an award for their outstanding courage and quick thinking in saving two
boys from drowning.
DEPUTATIONS
Niagara Falls Professional Fire~ghter's 2000 Calendar
Jim Boutilier, Doug Holly and Ken Henry artended at Council on behalf of the
Niagara Falls Professional Firefighters' fundraiser. Ken Henry provided Council with an
update with respect to the Millennium's Hottest Calendar. He advised that the calendar
would be available for pumhase at Niagara Square on November4, 5, and 6, 1999 and at
the Pen Centre on November 11, 12, and 13, 1999 and also at Fire Station No. 1 and
varfous businesses. Mr. Henry also advised Council that the proceeds of the sales would
be distributed between three local charities, Boys & Girls Club, Heart Niagara and the
Niagara Peninsula Children Centre. His Worship Mayor Thomson was presented with a
calendar and at the same time he advised that he would like to make a donation to a
worth-while cause.
His Worship Mayor Thomson thanked everyone involved in this fundraiser and
congratulated them for all their hard work and wished them all success.
Niagara Region Children's Safety Village
George McGIoin, Inspector, Niagara Regional Police Services, thanked His
Worship Mayor Thomson and Council for allowing him to attend at Council. He then
introduced retired SgL Harry Artinian who provided a presentation with respect to the
Children's Safety Village and the importance of having such a safety village in the Niagara
Region. He provided a video presentation which showed in detail the Children's Safety
Village and how the children are educated in all areas of safety including teaching them
to be street wise. It was requested that Council approve a donation of $10,000.00 in
support of the project.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
request be referred to the budget discussions.
Carried Unanimously.
Jeff Dennington addressed Council regarding a decision with respect to Zoning By-
law Amendment Application; AM-13/99, L yon's Parkway. He requested Council to re-open
this matter without notification to the public.
The City Solicitor advised Council that a decision had been made and that Council
should not hear this matter or take any action because this is not a public meeting and
proper notification to the public was not given.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Volpatti that the
correspondence be received and filed. Carried Unanimously.
Gerhard Grau withdrew his request to speak.
COMMUNICATIONS
Communication No. 220 - Mary Lee - Re: Petition Against Importing Nuclear Waste
for Experimental Disposal Purposes. The communication requests that Council promote
the petition against the Government of Canada accepting nuclear waste from Russia,
Japan and the United States.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that the
request be supported. Carried Unanimously.
Communication No. 221 - Ottawa Valley Economic Developmen~ County of Renfrew
Re: Resolution - The communication requests that Council support their Resolution No.
EPP-CC-99-09-144 recently passed with regards to a proposal from the National Reseamh
Council of Canada and Atomic Energy of Canada Limited to the Canadian Government.
ORDERED on the motion of Aldei~iian Fisher, seconded by Alderman Pietrengelo, that the
request be supported. Carried Unanimously.
RA TIFICA TION OF THE MUNICIPAL PARKING & TRAFFIC COMMITTEE ACTIONS
MW-99-146, Chairperson, Municipal Parking & Traffic Committee - Re: Municipal
Parking & Traffic Committee Recommendations - October 19, 1999 Meeting.
f. MW-99-f21 - Falls Avenue - Mid-Block Signal
The report recommends that:
a Mid-Block traffic signal be installed on Falls Avenue in front of Casino
Niagara, in the year 2000;
funding for the installation of the Mid-Block Signal be obtained from the
Ontario Casino Corporation as outlined in the Niagara Falls Interim Casino
Transportation System Impact Study, and,
Staff investigate the cost and cost sharing of decorative barriers as
compared to OMG barriers for the purpose of channelling pedestrian traffic.
2.
It is recommended that a Heavy Vehicle/Bus restriction be implemented on:
Bus & Heavy Vehicle Restriction - Elgin/Ferguson/Terrace/May
Elgin Street between River Road and Terrace Avenue;
Ferguson Street between Glenview Avenue and Terrace Avenue;
Terrace Avenue between Buttery Street and Leader Lane; and
May Avenue between Terrace Avenue and Buttery Street.
2.
3.
4.
3. MW-99-136 - Orlando Drive - Parking Review
The report recommends that:
parking be restricted on the west side of Orlando Drive from Panama Court
to the north limit of the Lion's Park;
parking be restricted on the east side of Orlando Drive from Panama Court
to the north property line of 3880 Orlando Drive; and
3. Residential permit parking be implemented on both sides of Marland Avenue.
4. MW-99-139 - Hunter Street/Union Avenue - Heavy Vehicle Restriction
The report recommends that:
a heavy vehicle restriction including "No Buses" be implemented on Hunter
Street between Union and Kitchen Street; and,
2. the Niagara Regional Police be requested to strictly enfome the proposed
heavy vehicle restrictions, when manpower is available.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the
report be received and adopted. The motion Carried with Alderman Orr abstaining from
the vote on a conflict of interest previously noted and with all others voting in favour.
Council was advised that there have been complaints from the public with respect to the
intersection of Montrose Road, Watson Street and the Hwy. 420. This will be referred to
the Region for further investigation.
Alderman Craitor advised Council that there has been a request from the residents in the
Morrlson and Drummond Road area to put in a delayed green light at that intersection.
This request will also be referred to the Region.
MA YOR'S REPORTS, ANNOUNCEMENTS, REMARKS
United Way Poor Boy Luncheon
His Worship Mayor Wayne Thomson congratulated the group who ran the Poor Boy
Luncheon for United Way.
ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Feren that
a letter of congratulations be forwarded to the group who ran the Poor Boy Luncheon for
United Way. Carfled Unanimously.
The Mike Strange Olympic Training Fund- Boxing Meet
His Worship Mayor Wayne Thomson requested that a letter of congratulations be
forwarded to AI Judge, Mike Strange and Anthony Roberto for an excellent job done with
respect to the Canada/US Boxing Match fundraiser that recently took place.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren that a letter
of congratulations be forwarded to AI Judge, Mike Strange and Anthony Roberto for an
excellent job done with respect to the Canada/US Boxing Match fundraiser. Carfled
Unanimously.
REPORTS
MW-99-149- Chief Administrative Officer- Re: Operation & Maintenance of Sewage
Pumping Stations. The report recommends that the City of Niagara Falls enter into a
maintenance agreement with the Regional Municipality of Niagara for the Oakwood Drive,
Mewbum Road and Neighbourhoods of St. Davids Sewage Pumping Stations.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-226
RA TIFICA TION OF ENVIRONMENTAL PLANNING & GREENING COMMITTEE ISSUES
ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Campbell that
the actions taken in Environmental Planning & Greening Committee, earlier this evening,
be approved:
The Environmental Planning and Greening Committee approve MBTW Group of
Toronto, Ontario as the Consulting Team to complete the Tourist Area Streetscape
and Urban Design Master Plan Study for the City of Niagara Falls, in the amount of
$ 79, 976. O0 including all applicable taxes.
Carded Unanimously
See By-law No. 99-223
R-99-64 - Chief Administrative Officer - Re: Policy for Placing Information on the
Millennium Clock Digital Message Boards. The report recommends that Council
approve the attached Millennium Committee's Policy for Placing Information on the
Millennium Clock Digital Message Boards.
Alderman Janvary-Pool announced that Service Groups and Clubs, as well as
individuals will be able to put their names on the message board. She advised that the
fees for individuals would be $25.00 per name, $100.00 for churches, groups and families,
and $500.00, $1,000.00 and $2,000.00 for Service Clubs and Groups.
ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Volpatti that
the report be received and adopted. Carded Unanimously.
HR-99-10 - Chief Administrative Officer - Re: The Corporation of the City of Niagara
Falls and C.U.P.E. Local 133 Amended Collective Agreement - 1999 - 2001. The report
recommends that Council ratify the amended Collective Agreement between The
Corporation of the City of Niagara Falls and the Canadian Union of Public Employees and
its Local 133 for 1999 - 2001 by passing the by-law appearing on tonight's agenda, that
Council apply the same wage adjustments to the Non-Union Salary Schedule and that
Council confi,, its action from its special Committee-of-the-Whole meeting on October
12th, 1999.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the report be received and adopted. The motion Carded with Alderman Ioannoni
abstaining from the vote on conflict of interest previously noted and with aft others voting
in favour.
See by-law No. 99-227
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the
actions taken in Corporate Services Committee, earlier this evening, be adopted:
1. Adoption of October 4, 1999 Corporate Services Committee meeting;
Municipal Accounts totalling $9,271, 187. 11 for the period ending November 1, 1999
be approved;
3. F-99-51 - 1999 Financial Update - Third quarter, be received for information;
4. F-99-52 - Major Receivables - Third Quarter, be received for information;
That sponsorship of an award in the amount of $150. O0 be approved for the Wheel
World Exhibition;
That the purchase of tickets for a City table for Mike Strange's Farewell Bout be
ratified.
Carried Unanimously
See By-law No. 99-229
MISCELLANEOUS PLANNING MATTERS
PD-99-118- Chief Administrative Officer- Re: Conditions of Approval, AM-2f/99,
Zoning By-law Amendment Application - Romzap Ltd., c/o Anthony Zappitelli, 6755
Oakes Drive, Lands Leased from Ontario Hydro & 6727 Stanley Avenue. The report
recommends that:
the standard number of parking spaces be provided as required by the City's Zoning
By-law;
the amending by-law be prepared in accordance with Section 37 of the Planning Act
(Bonusing) and the City's recently adopted tourism policies; and
the applicant be required to dedicate daylighting triangles at Livingstone Street and
Oakes Drive and Livingstone Street and Stanley Avenue to the City's satisfaction
and complete a traffic impact study and incorporate its findings and
recommendations as conditions for this development at the Site Plan Approval
stage.
Ms. Italia Gilberti, Solicitor, on behalf of the Applicant, Romzap Ltd. updated Council
as to the revisions the applicant made with respect to the conditions put forth by City Staff.
Mr. Tom Richardson, Solicitor, on behalf of the Niagara Parks Commission advised
Council that a meeting was held at the Niagara Parks Commission today and in order to
resolve the differences, it is necessary for all parties to meet further within the next week.
With a view that this matter will return to Council next week, November 8, 1999. Mr.
Richardson agreed that the matter be deferred for one week.
ORDERED on motion by Alderman Volpatti, seconded by Alderman Feren, that the report
be deferred for one week. Carried Unanimously.
PD-99-119 - Chief Administrative Officer- Re: Proposed Modifications to Official Plan
Amendment No. 26. The report recommends that:
the Region be advised that the requested modifications to Official Plan Amendment
No. 26 (O.P.A. #26), as outlined in this report, are supported by City Council; and
the objection submitted by McCarthy Tetrault will be considered by Council at a
subsequent date.
Mr. Tom Richardson, Solicitor, on behalf of the Niagara Parks Commission advised
Council that after a brief discussion with Mr. Stephen Diamond, Solicitor for Hospitality
Motels Ltd., in order to resolve this matter and agree on modifications, Mr. Diamond is
requesting to meet with Niagara Parks Commission and City Staff and return next week
to address the objection on behalf of Hospitality Motels Ltd.
After a lengthy discussion ensued with respect to the wording change, "successfully
completed", it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman
Pietrangelo that the report be deferred for one week. Carried Unanimously.
- AND -
Communication No. 222 - The Niagara Parks Commission. The communication
requests modifications to 4.4.2 of the City of Niagara Falls Official Plan Amendment No.
26.
- AND -
Communication No. 223 - Donald F. May. The communication requests clarification
modification prior to approving Official Plan Amendment #26.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor that the
correspondence be received and filed. Carried Unanimously.
PD-99-121 - Chief Administrative Officer - Re: Application for Site Plan Approval,
SPC-22/99, 8033 Lundy's Lane, Offices for White Glove Tour & Reception. The report
recommends that Council approve the site plan for 8033 Lundy's Lane.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren that the report
be received and adopted. Carried Unanimously.
L-99-102 - Chief Administrative Officer- Re: 1198823 Ontario Inc., Encroachment
Agreement with the City, 5019 Centre Street. The report recommends that Council
permit the encroachment of a canopy upon the read allowance in front of 5019 Centre
Street by 1198823 Ontario Inc. operating as Beef Baron RestauranL
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-225
FS-99-08 - Chief Administrative Officer- Re: Fire Dispatch. The report recommends
that Council approve the City of Niagara Falls Fire Service entering into an agreement to
supply emergency fire dispatch to the Town of Lincoln and that revenues generated are
directed to a "Communications Reserve Fund" in anticipation of a Federally mandated
Regional radio system in the near future.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool that
the report be received and adopted. Canfed Unanimously.
FS-99-09 - Chief Administrative Officer- Re: Fire Station Location Assessment,
Engineering Services Addendure of Original AgraemenL The report recommends that
Council authorize the expenditure of funds be used as an Addendum of an original
agreement with Delcan Corporation dated November 1998 to provide additional
engineering services for the Fire Services Review. Total cost is $6,955 (excludes GS T).
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo that the
report be received and adopted. Canfed Unanimously.
See By-law No. 99-230
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
99-223
A by-law to authorize the execution of a consulting agreement with MBTW
Group, Toronto with respect to completing the Tourist Area Streetscape and
Urban Design Master Plan.
99-224
A by-law to authorize the execution of an agreement with Draftcon
Construction Ltd. respecting the renovations to the lower level of Niagara
Falls City Hall.
99-225
A by-law to authorize an Encroachment Agreement with 1198823 Ontario
Inc. for the purpose of permitting the encroachment of a canopy unto Centre
Street road allowance.
99-226
A by-law to authorize the execution of an agreement with The Regional
Municipality of Niagara respecting the operation and maintenance of the
Sewage Pumping Stations located at Oakwood Drive, Mewbum Road and
Neighbourboods of St. David's.
99-227
A by-law to authorize the execution of the 1999-2001 Collective Agreement
with the Canadian Union of Public Employees and its Local 133.
99-228
A by-law to amend By-law No. 99-140, being a by-law to appoint Municipal
Enforcement Officers for the City of Niagara Falls for Factory Outlet Mall,
Lundy's Lane.
99-229 To authorize monies for General Purposes (November 1, 1999)
99-230 A by-law to authorize the execution of an Addendum to an agreement with
Delcan Corporation dated November 1998 respecting additional engineering
services for the Fire Services Review.
The motion Carried with Aldermen Ioannoni and Alderman Craitor abstaining from the vote
on By-law No. 99-229 on conflicts of interest previously noted and with a~ others voting in
favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
following by-laws be now read a second and third time:
99-223
A by-law to authorize the execution of a consulting agreement with MBTW
Group, Toronto with respect to completing the Tourist Area Streetscape and
Urban Design Master Plan.
99-224
A by-law to authorize the execution of an agreement with Draftcon
Construction Ltd. respecting the renovations to the lower level of Niagara
Falls City Hall.
99-225
A by-law to authorize an Encroachment Agreement with 1198823 Ontario
Inc. for the purpose of permitting the encroachment of a canopy unto Centre
Street road allowance.
99-226
A by-law to authorize the execution of an agreement with The Regional
Municipality of Niagara respecting the operation and maintenance of the
Sewage Pumping Stations located at Oakwood Drive, Mewbum Road and
Neighbourhoods of St. David's.
99-227
A by-law to authorize the execution of the 1999-2001 Collective Agreement
with the Canadian Union of Public Employees and its Local 133.
99-228
A by-law to amend By-law No. 99-140, being a by-law to appoint Municipal
Enforcement Officers for the City of Niagara Falls for Factory Outlet Mall,
Lundy's Lane.
99-229 To authorize monies for Genera/Purposes (November 1, 1999)
99-230 A by-law to authorize the execution of an Addendum to an agreement with
De/can Corporation dated November 1998 respecting additional engineering
services for the Fire Services Review.
The motion Carried with Aldermen Ioannoni and Alderman Creitor abstaining from the vote
on By-law No. 99-229 on conflicts of interest previously noted and with all others voting in
favour.
RA TIFICA TION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that the
actions taken in Committee-of-the-Whole, earlier this evening be approved:
That the City confirm the actions in filing a Statement of Defence and Third Party
Notice in the action between 640520 Ontario Limited and the City of Niagara Falls
and Ontario Property Assessment Corporation.
That the assessment of costs regarding Kovinic and DiCienzo be approved as per
the recommendations.
Carried Unanimously.
NEW BUSINESS
1. Cross-walk Notification
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor that a
request be forwarded to the Region to paint cross-walk notifications on Montrose Road at
Greendale School. Carried Unanimously.
2. Letter of Thanks
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo that a
letter be sent to the Chippawa Volunteer Firefighters thanking them for their hospitality for
this evening and for the wonderful work they have done on the bulding. Carried
Unanimously.
- 10-
3, Museum Board Anniversary
Aldem~an Fisher announced that the Museum Board is celebrating their 125th anniversary
in November and they will be hosting an Open House on Sunday, November 7, 1999 from
9:00 a.m. to 4:00 p.m. The celebration will begin at 1:00 p.m.
4. Remembrance Day Service
Alderman Fisher announced that a Remembrance Day Service will take place at the
Chippawa Arena on Sunday, November 7, 1999 at 2:00 p.m.
5. Niagara Falls Public Library Anniversary
Alderman Fisher announced that the Niagara Falls Public Library will be celebrating their
25th Anniversary on November 23, 1999 and will be holding an Open House at 7:30 p.m.
6. Remembrance Day
Alderman Fisher announced that there will be a Remembrance Day ceremony to be held
at the Niagara Falls Memorial Arena on November 1 I, 1999.
7. Letter of Condolence
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool that
a letter of condolence be forwarded to the family of the late Mary Geraldine Little. Canfed
Unanimously.
8. Safe(y Issues
ORDERED on the motion of Aldemian Volpatti, seconded by Alderman Janvary-Pool that
the Municipal Works Department request the Region to review safety issues on Regional
roads in the area of schools, and in particular, Dorchester Road around Mary Ward School.
Carried Unanimously.
9. Tax Relief for Professional Sports Teams
ORDERED on the motion of Alde,,an Puttick, seconded by Alderman Feren that a letter
be forwarded to the Honourable Michael D. Hanfs, Premier, notifying him that the City is
opposed to any form of special tax relief for professional sports teams. Carried
Unanimously.
10. Advertising Signs
ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren that an article
from the Toronto Star with respect to advertising signs be forwarded to the Niagara Parks
Commission for their information. Canfed Unanimously.
11. Letter of Congratulations
ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary-Pool that
a letter of congratulations be forwarded to the Hungarian Club for hosting the Prime
Minister of Hungary; for erecting a beautiful building and contributing to the community.
Canfed Unanimously.
11
12. Ha~oween Celebrations
Alderman Ioannoni advised Counc~ that she attended at Halloween Celebrations at
Niagara Square and commended Vito Scarfngi on a job well done. It was a great time for
everyone.
13. Concerns in Chippawa
Alderman Ioannoni advised Council that she chaired a meeting in Chippawa and reported
that at least 60 people participated and she would like to thank the Po~ce Department for
their involvement.
ORDERED on the motion by Alderman Feren, seconded by Alderman Volpatti that the
meeting be adjoumed. CatTied Unanimously.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
'!'11
TWENTY-EIGHTH MEETING
COMMITTEE-OF-THE-WHOLE
Committee Room #2
November 8, 1999
Council met on Monday, November 8, 1999 at 5:00 p.m. in Committee-of-the Whole.
All members of Council, with the exception of Aldermen Janvary-Pool, who was on
vacation, Alderman Orr and Alderman Feren, were present. Alderman Norman Puttick
presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole did not
rise to report in open session.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
PLANNING MEETING
Counc~ Chambers
November 8, 1999
Civic Ceremony to Commemorate Veterans' Week. November 7 - 13, 1999
His Worship Mayor Thomson acknowledged the men and women who have paid
the supreme sacrifice and served this country of Canada in the name of freedom. He
announced that this November the Legion Millennium project, under development since
1997, becomes a reality as a resurrected two-minute wave of silence sweeps across
Canada. He went on to express the necessity of the City of Niagara Falls to join the wave
of silence and honour the Canadian Veterans at 11:00 a.m. on November 11, 1999 as our
thanks for their sacrifice.
His Worship Mayor Thomson recognized the following Veteran Associations for
their contributions and achievements to Canada and the community during Veteran's
Week.
British Canadian Veterans Association
Canadian Polish Veterans Society
Legion 396
Legion 51
Royal Canadian Naval Association
Korean Veterans Association
Royal Canadian Air Force Association
Ii II II
Canadian Corps 104
The Central Veterans
Legion 479
Lincoln Welland Association
57~ Field Artillery & 10~ Battery
The Merchant Navy
DISCLOSURES OF PECUNIARY INTEREST
Alderman Wing indicated a pecuniary interest on Cheque No. 248034 because of
her status as an Officer of the recipient.
Alderman Craitor indicated a pecuniary interest on Cheque Nos. 248110 and
M92822 because a member of his family is employed by the Region.
Alderman Pietrangelo indicated a pecuniary interest on Cheque No. 248029
because his father is the recipient for a tax appeal refund.
Alderman Michalczyk indicated a pecuniary interest with respect to November 1,
1999 meeting on FS-99-08, FS-99-09 and Cheque No. 247793, because he is a volunteer
firefighter and Cheque Nos. 247705 and 247844, because of his law suit with Bruce Ward;
and with respect to this meeting, PD-99-123 and Communication re Winter Festival of
Lights, because of a law suit with Bruce Ward.
Alderman Ioannoni indicated a pecuniary interest on HR-99-11 because a member
of her family is a City employee.
MISCELLANEOUS PLANNING MATTERS
PD-99-ff8, Chief Administrative Officer- Re: Conditions of Approval, AM-21/99,
Zoning By-law Amendment Application, Romzap Ltd., c/o Anthony Zappitelli, 6755
Oakes Drive, Lands Leased from Ontario Hydro & 6727 Stanley Avenue. The report
recommends that:
the standard number of parking spaces be provided as required by the City's Zoning
By-law;
the amending by-law be prepared in accordance with Section 37 of the Planning Act
(Bonusing) and the City's recently adopted tourism policies; and
3. the applicant be required to dedicate daylighting triangles at Livingstone Street and
Oakes Drive and Livingstone Street and Stanley Avenue to the City's satisfaction
and complete a traffic impact study and incorporate its findings and
recommendations as conditions for this development at the Site Plan Approval
stage.
After a brief discussion with respect to deferring this matter, it was ORDERED on the
motion by Alderman Pietrengelo, seconded by Alderman Fisher to defer this matter for two
weeks. Cartfed Unanimously.
PD-99- f f9 - Chief Administrative Officer- Re: Proposed Modifications to Official Plan
Amendment No. 26. The report recommends that:
the Region be advised that the requested modifications to Official Plan Amendment
No. 26 (O.P.A. #26), as outlined in this report, are supported by City Council; and
the objection submitted by McCarthy Tetrault will be considered by Council at a
subsequent date.
- AND -
Communication No. 224 - The Niagara Parks Commission. The communication
requests modifications to 4.4.2 of the City of Niagara Falls Official Plan Amendment No.
26.
- AND -
Communication No. 225 - Donald F. May. The communication requests clarification
modification prior to approving Official Plan Amendment #26.
After a brief discussion with respect to deferring this matter, it was ORDERED on the
motion by Alderman Pietrangelo, seconded by Alderman Fisher to defer this matter for two
weeks. Carried Unanimously.
PD-99-127- Chief Administrative Officer- Re: Further Modifications to Official Plan
Amendment No. 26. The report recommends that Council:
maintain the 30-storey height limit set out in Official Plan Amendment No. 26
(O.P.A. No. 26) without further modification;
delete the word "successfully" typed in italics from Policy 4.4.2 "in cases where
buildings exceed 10 storeys, the applicant has submitted requisite wind and shadow
studies and has successfully completed an Architectural Peer Review";
3) delete the last three sentences typed in italics from policy 4.6. 1 O:
4.6. 10 Proponents of development or redevelopment plans within Tourist Districts
adjoining Niagara Parks Commission property shall, pursuant to section 34
(10.2) of The Planning Act, complete the Architectural Peer Review process
prior to making formal application .for a zoning by-law amendment. An
Altemative Dispute Resolution mechanism shaft be used in the Peer Review
process to resolve any disputes. An Alternative Dispute Resolution
mechanism shaft have a limited time frame for completion and all decisions
shall be binding. The report of the Peer Review panel shaft form part of the
application and the plans and application shaft be consistent with its findings
and recommendations.
4) notify the Region of the further modification to O.P.A. No. 26 as outlined in this
report.
After a brief discussion with respect to deferring this matter, it was ORDERED on the
motion by Alderman Pietrangelo, seconded by Alderman Fisher to defer this matter for two
weeks. Carried Unanimously.
ORDERED on the motion by Alderman Volpatti, seconded by Alderman Michalczyk that
the Region be asked to defer their discussions with respect to the above matters to
coincide with the three week deferral of the above three applications.
PLANNING MATTERS
PD-99-120 - Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-29-99, 7514 Lundy's Lane - Vommero Enterprises Ltd., (Agent-E.
Raimondo, Piraino & Raimondo Architects) Proposed 5-Storey Hotel The report
recommends that Council:
approve this application to permit the development of a five-storey, 84-room hotel
at 7514 Lundy's Lane; and
2. revise the current site plan approval for the five-storey proposal.
- AND -
Communication No. 226- David J. Farley, Planning and Development DepartmenL.
The communication confirms that this application meets the provisions of Official Plan
Amendment No. 26.
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 Notice of the Public Meeting had been given in
accordance with the Regulations by prepaid first c/ass mail on October 8, 1999.
His Worship Mayor Thomson received no indication that anyone was in attendance
on behalf of the applicant and received a negative 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject lands with the
assistance of posted sketches and indicated that the proposal was to construct a five-
storey, 107 room hotel in place of an existing dwelling and two-storey, 18 room motel. He
stated that the proposal is in conformity with the new tourism policies of the Official Plan.
The building is in keeping with the low-rise character of the area and the proposed
streetscaping will be an enhancement to the development.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a negative
response in opposition to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-29/99 closed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
application be approved. Carried Unanimously.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
correspondence be received and filed. Carried Unanimously.
See By-law No. 233
PD-99-124 - Chief Administrative Officer- Re: Zoning By-law Amendment
Application: AM-3/99, 79901, 7913 & 7933 Thorold Stone Road, Agent: Louie
Buordolone, Proposed Condominium Development. The report recommends the
following:
That Council approve the application for a proposed condominium development conditional
upon:
a site specific R2-H zoning being applied to the lands as the enabling legislation to
register a "vacant land condominium" has yet to be proclaimed by the Province;
the applicant working with staff to re-design the layout so that it confirms better to
the streetscape of Thorold Stone Road and to reduce or eliminate the proposed
relief to the provisions of the Zoning By-law; and
further neighbourhood meetings being held at the draft plan of condominium stage
to receive public input on site design issues.
- AND -
Communication No. 227 - Loy & Fung Chong. The communication advises that they are
objecting to the application.
Mr. Louie Buordolone, agent acting on behalf of the applicant, advised Council that
two meetings were held with respect to this application and notice was given to anyone
who artended the first meeting.
His Worship Mayor Thomson reported that the two Ward Aldermen advised him they did
not receive notice of the second meeting and would like to have this application deferred,
in order to work out the outstanding issues.
ORDERED on the motion by AIderman Pietrangelo, seconded by AIderman Feren that the
application be deferred to December 6, 1999 in order to try and settle the outstanding
issues. Carried Unanimously.
PD-99- f 25, Chief Administrative Officer- Re: Zoning By-law Amendment Application,
AM-28/99, Calaguiro Estates (Portion of Stage II),Owner: Albert Calaguiro, Agent:
BLS Planning Associates Inc. (Glen Barker). The reports recommends that:
1)
Council approve an amendment to the Zoning By-law for '~rea A' of the subdivision
as detailed in this report to provide site specific R1A standards relating to minimum
lot frontage and lot area with consideration given to increased building setback
requirements as currently established through covenants;
revisions to property lines for land south of Calaguiro Drive proceed through the
Exemption to Part Lot Control process; and
potential revisions to the lot size and subdivision layout for land north of Calaguiro
Drive be considered through a new plan of subdivision.
- AND -
Communication No. 228 - David J. Farley, Planning and Development Department.
The communication advises that the Regional Planning staff is not opposed in principle to
the relotting proposed through the Part Lot Control exemption process or to this rezoning.
It also advises that there is a clause in the Subdividers Agreement which requires a berm
or combination berm and noise attenuation fence be completed to the satisfaction of the
CNR prior to any development occurring in "Stage Ir' of the subdivision.
-AND -
Communication No. 229 - Lillian Matovic. The communication opposes the application.
- AND -
Communication No. 230 - Kit and David Thompson. The communication opposes the
application.
,;11 ITIli
- AND -
Communication No. 231- Glen Barker, Director, BLS Planning Associates. The
communication requests that Council defer this application.
ORDERED on the motion by Alderman Craitor, seconded by Alderman Feren that the
application be deferred to December 6, 1999. Carried Unanimously.
Alderman Volpatti requested that the area Aldermen be invited to any meetings being held
with respect to the above application and His Worship Mayor Thomson also requested an
invitation to any meetings being held.
PD-99-123 - Chief Administrative Officer- Re: Official Plan and Zoning By-law,
Amendment Application, AM-24/97, Eagle Valley Golf Course Inc. (Mario lafrate),
Northeast Corner - Mountain Road & St. Paul Avenue. The report recommends that
Council adopt the recommendations contained in the attached report PD-99-04 subject to
the following conditions:
the applicant be required to enter into an agreement with the City and all benefiting
landowners to pay their proportionate share of the common services; and
the applicant be required to pay 50% of the cost of the street lighting which was
installed on St. Paul Avenue.
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 Notice of the Public Meeting had been given by
prepaid first class mail on October 8, 1999.
His Worship Mayor Thomson received indication that Ms. Delia lafrate-Glass, 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development provided background information
through the use of posted sketches; he advised Council that this was an application that
had previously been deferred because of the concems expressed by area residents about
the height of the proposed apartment building and to enable the applicant to meet with
area residents; and advised that staff continues to support the majority of the requested
amendments but cannot support a lO-storey building in this location.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a positive
response in opposition to the application.
Mr. Glen Barker, BLS Planning Associates Inc., on behalf of Walker Community
Development Corporation advised Council that they are not opposed to the principal
location of the development but are opposed to the lO-storey heighL He also advised that
the proposed building height is not sensitive to, or compatible to, the neighbourhood.
Since this application was deferred in January there have been no changes relative in the
reduction of the building height.
Ms. Delia lafrate, on behalf of the applicant updated Council as to the residential meetings
that were held, as well as putting up signs advertising the future proposed building and
received very little indication of objections.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-24/97 closed.
ORDERED on the motion of Aldet~an Feren, seconded by Alderman Pietrangelo that the
lO-storey building be approved. The motion was Carried as follows:
AYE: Aldermen Feren, Pietrangelo, Puttick, Craitor and/oannoni
NA YE: Aldermen Volpatti, Wing, Campbell and Fisher
Alderman Michalczyk abstained from the vote on a conflict of interest previously noted.
PD-99-117 - Chief Administrative Officer- Re: Zoning By-law Amendment Application
AM-26/99, 6733 Oakes Drive and Northeast Corner of Dunn Street and Cleveland
Avenue, Panoramic Hospitality Inc. (Agent - I. Gilberti), Proposed Off-site Parking
for Comfort Suites Hotel. The report recommends that Council approve this application
which will relocate on-site parking that is required by the Zoning By-law for the Comfort
Suites Hotel to be provided off-site on lands at the northeast comer of Dunn Street and
Stanley Avenue, conditional upon:
the lands at Dunn Street and Cleveland Avenue be zoned for Parking (P) and be
linked through the amending by-law and site plan agreements to the hotel/ands;
the applicant securing a 50 to 99 year licence with Ontario Hydro Networks
Company Inc. for part 2 lands;
a separate agreement being registered on title or clauses included within the site
plan agreement that require the applicant to construct the parking structure on the
hotel lands or provide a reasonable alternative;
the applicant being placed on notice that the part 2 lands may be required in whole
or in part for the extension and upgreding of AIlendale Avenue and for the Off-Road
Recreation (Bikeway) Loop;
the applicant providing a 20 foot landscape buffer between the property line and the
parking lot on the hotel lands; and
the applicant revising the currently approved site plan drawings for the hotel lands
to address site design matters adsing from this approval and obtain approval of
these revised plans from Council.
- AND -
PD-99126- Chief Administrative Officer- Re: Deferral of Zoning By-law Amendment
Application AM-26/99, 6733 Oakes Drive and Northeast Corner of Dunn Street and
Cleveland Avenue Panoramic Hospitality Inc. (Agent- L Gilberti) Proposed Off-site
Parking for Comfort Suites Hotel. The report recommends that this application be
deferred until the December 6, 1999 Planning meeting.
ORDERED on the motion of Alderman Fisher, seconded by AIderman Ioannoni, that the
application be deferred to December 6, 1999. Carried Unanimously.
i!ll !{11{
REGULAR COUNCIL MEETING
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
Minutes of the Regular Council Meeting of November 1, 1999 be adopted as printed.
Carried Unanimously.
COMMUNICATIONS
Communication No. 233 - Town of Fort Erie - Re: Resolution. The communication
requests that Council support a resolution recently passed requesting the Regional
Municipality of Niagara, in the spirit of the Niagara Governance Study, not to increase its
water or sewer rates in the year 2000.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Ioannoni, that the
request be supported. Camed Unanimously.
His Worship Mayor Thomson excused Alderman Volpatti at this time and she did not
retum.
Communication No. 234 - The Corporation of the Town of Hanover- Re: Resolution.
The communication requests that Council support a resolution recently adopted by
Hanover Town Council with respect to Shortage of Family Physicians in Ontario.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Feren that the
request be supported. Ca~ed Unanimously.
Alderman Craitor expressed a concem with respect to Communication No. 233 - Town of
Fort Erie Resolution - Niagara Govemance Study. He stated it is unclear as to which Study
they are talking about.
His Worship Mayor Thomson addressed the issue and expressed his concems and stated
that the City of Niagara Falls would be the big loser if we become one municipality because
the future of this municipality will be dictated by other municipalities and at this time, we are
in excellent financial shape compared to the other municipalities. He suggested that we
stand back, take our time to make a decision, slow down and make it right and just wait for
the study to come in.
ORDERED on the motion by Alderman Craitor, seconded by Alderman Feren, that we
send a resolution to the Region asking other municipalities to slow down, wait for the study
to come in, have meaningful discussions and dialogue in the meetings, take into
consideration the staff around the Region who are sitting wondering where they are going
and just slow everyone down. The motion Carried with Alde~i,an Puttick voting contrary
and with all others voting in favour.
Communication No. 235 - Parks, Recreation & Culture - A. Kon - The communication
advises of Staffs position respecting Ker Park and Swayze Drive Property.
ORDERED on the motion of Aldefii~an Michalczyk, seconded by Alderman Ioannoni, that
the communication be received and filed for the information of Council. Carried
Unanimously.
Communication No. 236 - Winter Festival of Lights - Greg Bailey, Director of Events -
Re: 2~d Annual Night Parade. The communication requests that Council approve the 2~
Annual Night Parade.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
request be approved subject to established policy. Carried Unanimously.
REPORTS
MW-99-153 - Chief Administrative Officer - Re: Tender # 14-99 - New Equipment
Purchases. The report recommends that the following low bidders be awarded the
respective tendered as follows:
Autoland Chrysler Ltd., Niagara Falls, for one (1) 7-passenger window van totalling
$25,273.55;
Checkpoint Chrysler, St Cathat~nes, for one (1) pickup truck totalling $22,15000. 15;
and
3) Paul Foy Pontiac Buick, Niagara Falls, for one (1) 4-door midsize sedan in the
amount of $21,128.95 and two (2) panel vans at a cost of $44,953.50 totalling
$66,082.45.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the report be received and adopted. Cartfed Unanimously.
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
the actions taken in Community Services Committee, eadier this evening, be approved:
1. Approval of the September 13, 1999 minutes of the Community Services
Committee.
That information be received on the proposed widening by the Ministry of
Transportation of Sand Plant Hill.
F-99-53 - Chief Administrative Officer- Re: Municipal Accounts. The report
recommends that Council approve the municipal accounts totalling $79,743. 73 for the
perrod ending November 8, 1999.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
report be received and adopted. Cartfed Unanimously
See By-law No. 99-236
CD-99-26 - Chief Administrative Officer - Re: City of Thorold - Allanport Road
Municipal Drain - Court of Revision. The report recommends that Council appoint one
of its members to sit as a member to the Court of Revision.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the report be received and adopted. Canfed Unanimously.
L-99-103- Chief Administrative Officer - Re: Resale of Part Lots 53 and 54 on
Registered Plan No. 243, Falls Industrial Park- 6045 Progress StreeL The report
recommends Council approve the resale of part of Lots 53 and 54 on Registered Plan No.
243, presently owned by Garden City Customs Services Inc.
ORDERED on the motion of Alderman Ioannoni, seconded by Alderman Fisher, that the
report be received and adopted. Canfed Unanimously.
L-99- f 104 - Chief Administrative Officer- Re: Supplemental Agent Agreement/CMHC
Residential Rehabilitation Program. The report recommends that the City enter into an
agreement with Canada Mortgage and Housing Corporation (C.M.H.C.) respecting the
Residential Rehabilitation Assistance Program (R.R.A.P.) in the form attached hereto.
=;11
10-
ORDERED on the motion of Alderman Fisher, seconded by Alderman Ioannoni, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-232
HR-99-11 - Chief Administrative Officer- Re: United Way Incentive Program for Civic
Employees. The report recommends that Council approve two one-week vacations (5
days each) and six single vacation days to be awarded to the winners of the City's 1999
United Way Incentive Program.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimously.
RESOLUTIONS
NO. 33 - FISHER - FEREN - WHEREAS the Corporation of the City of Niagara Falls ("the
City) entered into an Agreement with the Niagara Falls Frontier Humane Society ("the
Niagara Falls Humane Society'~ dated October 13, 1982 wherein the City was given an
interest on the property owned by the Niagara Falls Humane Society at 6025 Chippawa
Parkway, Niagara Falls, Ontario on certain conditions; AND WHEREAS the Niagara Falls
Humane Society wishes to arrange a first collateral mortgage in the amount of Forty-Eight
Thousand ($48,000.00) Dollars on the said property; AND WHEREAS the bank has asked
the City for an Acknowledgment or Consent so that the mortgage can be placed.
THEREFORE BE IT RESOLVED THAT the City of Niagara Falls advise the Bank of Nova
Scotia that it consents to the placing of a first collateral mortgage in an amount of not more
than Forty-Eight Thousand ($48,000.00) Dollars on the property known as 6025 Chippawa
Parkway, Niagara Falls, Ontario.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
99-231
A by-law to authorize the resale of land in the Falls Industrial Park to David
Harold Opie and Joanne Dadene Opie.
99-232
A by-law to authorize the execution of a supplemental agreement with
Canada Mortgage and Housing Corporation respecting the Residential
Rehabilitation Assistance Program (R.R.A.P.).
99-233 A by-law to amend By-law No. 79-200, as amended.
99-234
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Heavy Vehicles)
99-235
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking)
99-236 A by-law to authorize monies for General Purposes (November 8, 1999)
99-237
A by-law to authorize execution of documents necessary to complete the
conveyance of Lots 72, 74, 76 and 78 on Plan No. 251 on the southeast side
of Bridgewater Street.
11
ORDERED on the motion of Alderman Pietrangelo, seconded by AIderman Feren, that the
following by-laws be now road a second and third time:
99-231 A by-law to authorize the resale of land in the Falls Industrial Park to David
Harold Opie and Joanne Darlene Opie.
99-232 A by-law to authorize the execution of a supplemental agreement with
Canada Mortgage and Housing Corporation rospecting the Residential
Rehabilitation Assistance Program (R. R.A.P.).
99-233 A by-law to amend By-law No. 79-200, as amended.
99-234 A by-law to amend By-law No. 89-2000, being a by-law to rogulate parking
and traffic on City Roads. (Heavy Vehicles)
99-235 A by-law to amend By-law No. 89-2000, being a by-law to rogu/ate parking
and traffic on City Roads. (Parking)
99-238 A by-law to authorize monies for Genera/Purposes (November 8, 1999)
99-237 A by-law to authorize execution of documents necessary to complete the
conveyance of Lots 72, 74, 76 and 78 on Plan No. 251 on the southeast side
of Bridgewater Stroet.
NEW BUSINESS
Boys & Girls Club Bonspiel
Alderman Pietrangelo announced that the Boys & Girls Club will be hosting their
Bonspiel again this year and requested that the City of Niagara Falls enter a team again
this year.
ORDERED on the motion of Alderman Pietrongelo, seconded by Alderman Michalczyk that
Alderman Pietrangelo form a team to participate in the Bonspiel. Carried Unanimously.
2. Letters of Condolence
ORDERED on the motion by Alderman Feren, seconded by Alderman Fisher that a letter
of condolence be forwarded to the family of the late Charles Michael Clarke. Carried
Unanimously.
ORDERED on the motion of Alderman Feron, seconded by Alderman Fisher that a letter
of condolence be forwarded to Ce~ Kauffman, daughter of the late Jean Town. Carried
Unanimously.
3. Tax Relief for Professional Sports Teams
Alderman Puttick roquested that a Resolution opposing the tax rolief for professional sports
teams be brought back next week.
Alderman Puttick advised Council that he roceived a letter with rospect to non payment of
ronts. Letter was referred to Staff.
-12-
4. Santa Claus Parade
Alderman Michalczyk updated Council with respect to the Santa Claus Parade which will
be held November 20, 1999, and that we have 122 entries and 15 bands.
ORDERED on the motion of Alderman Feren, seconded by Alde~ian Pietrengelo, that the
meeting be adjourned. Ca~ed Unanimously.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
TWENTY-EIGHTH MEETING
COMMITTEE-OF-THE-WHOLE
Committee Room #2
November 15, 1999
Council met on Monday, November 15, 1999 at 6:00 p.m. in Committee-of-the
Whole. All members of Council,. with the exception of Aldermen Janvary-Pool, who was on
vacation, were present. Alderman Wayne Campbell presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
REGULAR COUNCIL MEETING
Council Chambers
November 15, 1999
Council met on Monday, November 15, 1999 at 7:00 p.m. for the purpose of considering
Regular Business matters. All members of Council, with the exception of Alderman
Janvary-Pool, who was on vacation, were present. Alderman Craitor offered the Opening
Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Puttick, seconded by Alderman Michalczyk, that the
Minutes of the Planning/Regular Council Meeting of November 8, 1999 be corrected with
respect to the motion to defer the following reports from three weeks to two weeks: PD-99-
118, PD-99-119 and PD-99-127. Carried Unanimously.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that the
Minutes of the Planning/Regular Council Meeting of November 8, 1999 be appreved as
amended. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Pietrangelo indicated a pecuniary interest on By-law No. 99-244, and
Cheque Nos. 248252, 248286, 248257 and 248251 because he is employed with the
School Board.
I I
Alderman Craitor indicated a pecuniary interest on Cheque Nos. M92831 and
M92829 because a member of his family is employed by the Region.
Alderman Michalczyk indicated a pecuniary interest on Cheque Nos. 248146 and
248274, because of his law suit with Bruce Ward;
Alderman Campbell indicated a pecuniary interest on By-law No. 99-244, and
Cheque Nos. 248252, 248286, 248257 and 248251 because he is employed with the
School Board.
MA YOR'S REPORTS, ANNOUNCEMENTS. REMARKS
Community Re-Investment Fund
His Worship Mayor Thomson advised Council that the Special Transition Assistance was
included with the Community Re-Investment Fund for a total of 1.395 million dollars in
1999. In addition to that, the City receives $900,000.00 in Special Circumstances Funding
which will not be received in the year 2000 or thereafter.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that since we are still in need of the same funds, we approach the government and
members of Parliament and actively pursue that funding from the Special Circumstances
Fund. Carried Unanimously.
PRESEN TA TIONS
Under f8 Boys Soccer Ontario Cup Champions
His Worship Mayor Thomson extended congratulations to the following team
members and coaches of The Cobras, soccer team; and presented tokens of appreciation
in recognition of winning the Under 18 Boys Soccer Ontario Cup.
Nick Aragona
Ralph Bonadio
Saverio Cristiano
Ben Davidson
Tom DeAngelis
Paul Delano
Domenic Ella
Mike Ella
Anthony Folino
John Folino
John Gallo
Vince Lepiane
Gary MacNeill
Mark Mullholland
Kevin O'Neil
Roberto Santopadre
Dante Taddeo
DEPUTATIONS
Ms. Imogene Pasel, Facilitator, Niagara Falls Chapter, Depressive & Manic
Depressive Support Group provided a brief summary of the importance of Self-Help
Awareness Support Groups and previded information on Self-Help Awareness Week. Ms.
Pasel advised that if anyone was interested in starting a Self-Help Group, to carl (905) 358-
7469 or e-mail www. dmd. niagara. com.
Ms. Pasel also requested Council to proclaim the week of November 15 - 21, 1999 as
"Self-Help Awareness Week".
Following the presentation, it was ORDERED on the motion of Alderman Michalczyk,
seconded by AIderman Campbell, that the week of November 15 - 21, 1999 be proclaimed
as "Self-Help Awareness Week". Carried Unanimously.
His Worship Mayor Thomson advised Council that "Coats for Kids Program" is
marking its 10th anniversary this year and asked residents in Niagara Falls to donate to this
program. They have a/ready given out 2, 000 coats so far this year and have three weeks
to go in the program and only have 25 coats left. Anyone with any size coat is urged to
drop it off at the Community Resource Building - the old public library building on Victoria
Avenue or at City Hall in the Mayors Office or Clerk's Department. You can also call 374-
7895 to arrange for a coat to be picked up.
REPORTS
MW-99-154 - Chief Administrative Officer- Re: Consulting Services for the 2000
Watermain Replacement Program, Industrial Street, Brookfield Avenue, Garden
Street and High Street. The report recommends that in accordance with the City's
Consultant Selection Policy, it is recommended that the City of Niagara Falls enter into a
Consulting Services Agreement with Kerry T. Howe Engineering Ltd., for the upset limit of
$26,800. 00.
ORDERED on the motion of Alderman Volpatti, seconded by AIderman Fisher, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-238
MW-99-155 - Chief Administrative Officer - Re: Consulting Services for the 2000
Watermain Replacement Program, Dorchester Road and Oakwood Drive. The report
recommends that in accordance with the City's Consultant Selection Policy, it is
recommended that the City of Niagara Falls enter into a Consulting Services Agreement
with Acres and Associated Environmental Limited, for the upset limit of $32,075.00.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
See By-law No. 99-239
MW-99-156 - Chief Administrative Officer- Re: Award of Contract 99-15, Supply of
Services for the Snowplowing of Parking Lots. The report recommends that:
1)
Ken Warden Construction Ltd. be awarded the contract for the supply of services
for snowplowing of parking lots designated in Area 1, and that;
Niagara Commercial Contracting be awarded the contract for the supply of services
for snowplowing of parking lots designated in Area 2 and Area 3, and that;
3) the by-law appearing on tonighrs 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 Michalczyk, seconded by Alderman Fisher, that the
report be received and adopted. Carded Unanimously.
See By-law No. 99-242
See By-law No. 99-243
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the
actions taken in Corporate Services Committee, earlier this evening, be approved:
1, That the minutes of the November 1~ meeting be adopted as recorded.
2. That the increase in 1999 Funding for the Niagara Falls Public Library be approved.
That the Recreation Commission's 2000 Budget be referred to final budget
deliberations.
That the Arts and Culture Commission's 2000 Budget be referred to final budget
deliberations.
Report F-99-54 - that the Municipal Accounts totalling $3,603, 387. 88 for the period
ending November 15~h be approved.
That a report detailing funding and expenses for the Santa Claus Parade be
presented to Council.
Report F-99-55 - That December 15, 1999, be approved as the 1999 Final Due
Date for properties with Commercial, Industrial, and Multi-Residential Assessments.
8. Report/S-99-05 - That the Year 2000 update be received for information.
9. Report FS-99-07:
That Council approve the revised 1999 edition of the City of Niagara Falls
Emergency Plan;
That Council request all members of the City's Municipal Control Group to
provide the Fire Chief with information regarding how they, or their altemate,
can be contacted during the hours between 20:00 hours, December 31, 1999
until 08:30 hours, January 2, 2000;
iii) That the report be received for information.
10.
Report R-99-32 - That the cost of twinning the ice surface at Chippawa Willoughby
Memorial Arena be included in the 2000 Capital Construction Budget.
11. Report R-99-66:
That the changes to the 2000 Proposed Cemetery Charges, as specified in
the Cemetery Fee Schedule, be approved effective January 1, 2000;
ii) That the By-law appearing later this evening, be approved;
That following City Council's approval, the 2000 Cemetery Fee Schedule be
forwarded to the Ministry of Consumer and Commercial Relations,
Cemeteries Branch, for their review and approval in accordance with the
Cemetery Act;
iv)
That following City Councirs approval and prior to implementation, 30 days
public notice be given outlining the changes in Cemetery Charges.
12.
That staff be authorized to investigate the possibility that the Cemetery Committee
consider financial support to assist in future improvements to Cemetery properties.
13. That Staff compile a list of items that Council has previously referred to final budget
deliberations and to advise whether or not these items will be included in the final
budget presentation.
The motion Carried with Alderman Puttick opposing Item #I 1, Report R-99-66 and with all
others voting in favour.
See By-law No. 99-241
See By-law No. 99-244
See By-law No. 99-245
RA TIFICA TION OF COMMITTEE-OF- THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Craitor, seconded by AIderman Campbell, that the
actions taken in Committee-of-the-Whole, eadier this evening be approved:
That the Offer of Fil Barillaro, in trust to purchase 4674 Ferguson Street not be
accepted.
Carried Unanimously.
His Worship Mayor Thomson further explained that the property was being
considered for its own space needs and should not be sold at this time.
RESOLUTIONS
NO. 34 - FISHER - CRAITOR - WHEREAS the Provincial Government has enacted the
Faimess for Property Taxpayers Act; AND WHEREAS this Act provided funding programs
to assist municipalities for interest costs in borrowing resulting from delays in issuing 1999
Interim Municipal Tax Bills. AND WHEREAS these programs terminated as of July 31,
1999. AND WHEREAS the Provincial Govemment has further caused a delay of the 1999
Final Municipal Tax Bill for Capped Property Tax Classes. NOW THEREFORE the
Corporation of the City of Niagara Falls heraby requests the Minister of Finance to initiate
an Interest Relief Funding Program to assist municipalities in borrowing to cover local
expenditures and levies of the Regional Municipalities and School Boards.
AND the Seal of the Corporation be hereto affixed.
The motion Carried with Alderman Pietrangelo declaring a conflict of interest and all others
voting in favour.
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that leave be granted to introduce the following by-laws and the by-laws be read a first
time:
99-238
A by-law to authorize the execution of a consulting agreement with Kerry T.
Howe Engineering Limited respecting the design of wate.iiains on Industrial
Street, Brookfield Avenue, Garden Street and High Street.
99-239
A by-law to authorize the execution of a consulting agreement with Acres
and Associated Environmental Limited respecting the design of watermains
on Dorchester Road and Oakwood Drive.
99-240
A by-law to authorize the execution of an agreement with 1338245 Ontario
Inc., respecting "The Park P/ace Homes Condominium".
99-241 A by-law to approve and adopt the 2000 Proposed Cemetery Fees.
99-242
A by-law to authorize the execution of an agreement with Ken Warden
Construction Ltd. for the supply of services for the snowplowing of Parking
Lots in Area 1.
99-243
A by-law to authorize the execution of an agreement with Niagara
Commercial Contracting for the supply of services for the snowplowing of
Parking Lots in Areas 2 and 3.
; I
99-244
A by-law to amend By-law No. 99-118, as amended, being a by-law to set
and levy the rates of taxation for City purposes, for Regional purposes, and
for Education purposes for the year 1999.
99-245 A by-law to authorize monies for General Purposes (November 15, 1999).
The motion Carried with Alderman Puttick opposing By-law No. 99-241; Aldermen
Pietrangelo, Craitor, Michalczyk and Campbell abstaining from the vote on conflicts of
interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by A/de~i~an Feren, that the
following by-laws be now read a second and third time:
99-238
A by-law to authorize the execution of a consulting agreement with Kerry T.
Howe Engineering Limited respecting the design of watermains on Industrial
Street, Brookfield Avenue, Garden Street and High Street.
99-239
A by-law to authorize the execution of a consulting agreement with Acres
and Associated Environmental Limited respecting the design of watermains
on Dorchester Road and Oakwood Drive.
99-240
A by-law to authorize the execution of an agreement with 1338245 Ontario
Inc., respecting "The Park Place Homes Condominium'.
99-241 A by-law to approve and adopt the 2000 Proposed Cemetery Fees.
99-242
A by-law to authorize the execution of an agreement with Ken Warden
Construction Ltd. for the supply of services for the snowplowing of Parking
Lots in Area 1.
99-243
A by-law to authorize the execution of an agreement with Niagara
Commercial Contracting for the supply of services for the snowplowing of
Parking Lots in Areas 2 and 3.
99-244
99-245
A by-law to amend By-law No. 99-118, as amended, being a by-law to set
and levy the rates of taxation for City purposes, for Regional purposes, and
for Education purposes for the year 1999.
A by-law to authorize monies for General Purposes (November 15, 1999).
The motion Carried with Alderman Puttick opposing By-law No. 99-241; Aldermen
Pietrangelo, Craitor, Michalczyk and Campbell abstaining from the vote on conflicts of
interest previously noted and with all others voting in favour.
NEW BUSINESS
1. Letter of Congratulations
Alderman Fisher announced that Michael Gruyich has become a very successful
businessman and has won the 2000 Property of the Year Award for his Ramada Hotel in
Oakville and the 1999 Holiday Inn Newcomer of the Year Award in Fort Erie, and
suggested that a letter of congratulations be forwarded to him.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell that a
letter of congratulations be sent to Michael Gruyich.
Carried Unanimously.
2. Boys and Girls Club Bonspiel
Alderman Pietrangelo announced that the Boys & Girls Club is still looking for teams
to participate in the Bonspiel. If anyone is interested in puffing in a team, please call Tina
at the Boys & Girls Club.
3. United Way
Alderman Craitor reminded everyone that the United Way Campaign is coming to
an end and them is still time to make a pledge if you already haven't.
Alderman Craitor also advised that he airended a United Way Dinner Show at "Oh
Canada Eh" on Lundy's Lane and expressed his congratulations on how entertaining the
evening was. He also thanked them for donating to United Way.
4. Santa Claus Parade
Alderman Michalczyk announced that the Santa Claus Parade is scheduled for
Saturday, November 20, 1999. There are 126 entries and this is the largest parade the
City has ever had. It will be televised on Cogeco. He encouraged everyone to come out
and enjoy the day.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
meeting be adjourned. Canfed Unanimously.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
TWENTY-NINTH MEETING
REGULAR COUNCIL MEETING
Counc~ Chambers
November 22, 1999
Council met on Monday, November 22, 1999 at 7:00 p.m. for the purpose of considering
Regular Business matters. All members of Council, with the exception of Alderman
Janvary-Pool, who was on vacation and Alderman Puttick, were present. Alderman
Michalczyk offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
Minutes of the Regular Council Meeting of November 15, 1999 be adopted as printed.
Carried Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Craitor indicated a pecuniary interest on Cheque Nos. 248402 and
248212 because a member of his family is employed by the Region.
Alderman Michalczyk indicated a pecuniary interest on Cheque No. 248318 because
of his law suit with Bruce Ward.
Alderman Ioannoni indicated a pecuniary interest on Cheque No. 248362 because
the recipient is her employer.
DEPUTATIONS
Wheel World VI Car Exhibition
Jim McBurney announced that Wheel World VI Car Exhibition will be held on
November26, 27 & 28, 1999 at the SkyIon Tower, Plaza Level and advised of the feature
cars that will be on display and encouraged everyone to come out and support this show.
His Worship Mayor Thomson thanked Mr. McBurney and wished him luck with the
show.
MA YOR'S REPORTS. ANNOUNCEMENTS, REMARKS
Accident in Gorge
His Worship Mayor Thomson advised Council that the Firefighters, Niagara Regional
Police, Paramedics and Rudi Hafen of Niagara Helicopters all assisted in rescuing a
gentleman from the gorge.
ORDERED on the motion of Alderman Feren, seconded by Alderman Michalczyk that a
letter of congratulations be forwarded to the Niagara Falls Firefighters, Niagara Regional
Police, Paramedics and Rudi Hafen of Niagara Helicopters for assisting and rescuing a
gentleman from the gorge. Carried Unanimously.
Letter of Condolence
ORDERED on the motion of Alderman Fisher, seconded by AIderman Pietrangelo that a
letter of condolence be forwarded to the family of the late Katie Benner who passed away
a few days ago. Carried Unanimously.
Electric Light Parade
His Worship Mayor Thomson announced that all members of Council are invited to
ride on a float on Friday, December 3, 1999, If any member is interested, please carl the
Festival of Lights office to make arrangements,
Coats for Kids
His Worship Mayor Thomson advised Counc~ that this is a final plea for coats and
they still are in need of more coats. Coats can be dropped off at the Community Resource
Building on Victoria Avenue or at City Hall in the Mayors Office or Clerk's Department.
Letter of Congratulations
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that
a letter of congratulations be forwarded to Miss Niagara, Selena Fabi, who will be
representing the Niagara Region at the Canadian Search for Miss Universe in Edmonton.
Carried Unanimously.
N.F.C. V.I. Secondary School
His Worship Mayor Thomson advised Council that a final decision has been made
to close Niagara Falls Secondary School and if this building goes into private hands, it will
not be to the benefit of the citizens of Niagara Falls. He suggested that Council forward
a letter to the District School Board of Niagara informing them that the Council has formed
a committee to sit in on meetings to emphasize the importance of this building with respect
to the arts and culture using the auditorium and how the gymnasium is used for a variety
of sports. Along with Mayor Thomson, Aldermen Fisher and Feren have volunteered to sit
on this committee.
ORDERED on the motion of Alderman Fisher, seconded by AIdei~iian Volpatti that a letter
be forwarded to the District School Board of Niagara regarding the closing of the Niagara
Falls Secondary School building informing them that the City is forming a committee to sit
in on meetings to emphasize the importance of this building and how it is continuously
being used by arts and culture in the Region, as well as basketball leagues and other
sports. The motion Carried wtih Aldermen Campbell and Pietrangelo declaring a conflict
and all others voting in favour.
Niagara Falls Armoury Building
His Worship Mayor Thomson advised Council that the Federal Government has
decided to close the Niagara Falls Armoury building and that the City should try to preserve
this building.
ORDERED on the motion of A/de~an Orr, seconded by Alderman Feren that a letter be
forwarded to the Federal Govemment advising that the City of Niagara Falls is interested
in this building and may be able to acquire this building for $1.00. It should be noted in the
letter to ensure the heat is left on and the water properly drained. The motion Carried with
Alderman Campbell declaring a conflict and all others voting in favour.
PLANNING MATTERS
PD-99-118, Chief Administrative Officer- Re: Conditions of Approval, AM-21/99,
Zoning By-law Amendment Application, Romzap Ltd., c/o Anthony Zappitelli, 6755
Oakes Drive, Lands Leased from Ontario Hydro & 6727 Stanley Avenue. The report
recommends that Council apply the following conditions to the approval of the application:
the standard number of parking spaces be provided as required by the City's Zoning
By-law;
the amending by-law be prepared in accordance with Section 37 of the Planning Act
(Bonusing) and the City's recently adopted tourism policies; and
the applicant be required to dedicate daylighting triangles at Livingstone Street and
Oakes Drive and Livingstone Street and Stanley Avenue to the City's satisfaction
and complete a traffic impact study and incorporate its findings and
recommendations as conditions for this development at the Site Plan Approval
stage.
- AND -
Communication No. 237- Broderick & Partners, Mr. William Amadio. The
communication requests the matter concerning the Romzap Ltd. rezoning by-law be
deferred to December 6, 1999.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher to defer this
matter to December 6, 1999. Carried Unanimously.
PD-99-119- Chief Administrative Officer- Re: Proposed Modifications to Official Plan
Amendment No. 26. The report recommends that:
the Region be advised that the requested modifications to Official Plan Amendment
No. 26 (O.P.A. #26), as outlined in this report, are supported by City Council; and
further, that the objection submitted by McCarthy Tetrault will be considered by
Council at a subsequent date.
- AND -
Communication No. 238 - The Niagara Parks Commission. The communication
requests modifications to 4.4.2 of the City of Niagara Falls Official Plan Amendment No.
26.
- AND -
Communication No. 239 - Donald F. May. The communication requests clarification
modification prior to appreving Official Plan Amendment #26.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo to defer
this matter to December 6, 1999. Carried Unanimously.
I I
PD-99-127 - Chief Administrative Officer- Re: Further Modifications to Official Plan
Amendment No. 26. The report recommends that Council:
1)
maintain the 30-storey height limit set out in Official Plan Amendment No. 26
(O.P.A. No. 26) without further modification;
delete the word "successfully" typed in italics from Policy 4.4.2 "in cases where
buildings exceed 10 storeys, the applicant has submitted requisite wind and shadow
studies and has successfully completed an Architectural Peer Review";
3) delete the last three sentences typed in italics from policy 4.6. 1 O:
4.6. 10 Proponents of development or redevelopment plans within Tourist Districts
adjoining Niagara Parks Commission property shall, pursuant to section 34
(10. 2) of The Planning Act, complete the Architectural Peer Review process
prior to making formal application for a zoning by-law amendment. An
Altemative Dispute Resolution mechanism shall be used in the Peer Review
process to resolve any disputes. An Alternative Dispute Resolution
mechanism shall have a limited time frame for completion and all decisions
shall be binding. The report of the Peer Review panel shall form part of the
application and the plans and application shall be consistent with its findings
and recommendations.
notify the Region of the further modification to O.P.A. No. 26 as outlined in this
report.
- AND -
Communication No. 240 - McCarthy Tetrault. The communication is in respect of the
proposed 30 storey height limit in OPA 226.
- AND -
Communication No. 24f - McCarthy Tetrault. The communication encloses proposed
modification to OPA 26 height policies.
- AND -
Communication No. 242 - Donald F. May. Communication regarding modifications to the
City of Niagara Falls Official Plan Amendment No. 26.
ORDERED on the motion of Alderman Feren, seconded by AIderman Pietrengelo to defer
this matter to December 6, 1999. Carried Unanimously.
REPORTS
CD-99-27 - Chief Administrative Officer- Re: 2000 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 2000.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Feren, that the
report be received and adopted. The motion Carried with Alderman Craitor voting contrary
to the motion and with all others voting in favour.
CD-99-28 - Chief Administrative Officer- City of Thorold - Allanport Road Municipal
Drain Court of Revision. The report recommends that Council appoint Albert Scordino
to sit as a member of the Court of Revision as the City of Niagara Falls' representative.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the report be received and adopted. Carried Unanimously.
CD-99-29 - Chief Administrative Officer- Re: Special Occasion Permit. 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 Feren, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimously.
L-99-f fO - Chief Administrative Officer - Re: Appointment of Provincial Offences
Officer, Niagara Falls Humane Society. The report recommends that the Niagara Falls
Humane Society has requested that Sheri Horan be appointed as a Provincial Offences
OfFicer for the purpose of enforcing Animal Control By-laws of the City of Niagara Falls.
- AND -
Communication No. 243 - D. Harris, Niagara Falls Humane Society. The
communication requests that Sheri Horan be appointed a Provincial Offences Officer.
ORDERED on the motion of Alderman Feren, seconded by Alderman Michalczyk, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-247
L-99-1 f I - Chief Administrative Officer- Re: Establishment of One Foot Reserves as
Public Highways, Blocks 35 and 36 on Plan No. 59M-248. The report recommends that
the one foot reserves, described as Blocks 35 and 36 on registered Plan No. 59M-248, be
established as public highways, to form part of Costabile Drive and Francesco Avenue,
respectively.
ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-246
L-99-112 - Chief Administrative Officer - Re: P.P. & P. Hotels Limited Licence
Agreement with the City, Municipal Parking Lot if4 - Ellen Avenue. The report
recommends that:
Council authorize a Licence Agreement, dated September 9, 1999, between P.P.
& P. Hotels Limited and the City for use of part of Municipal Parking Lot #4.
2. the administration fee of $300. O0 be waived.
ORDERED on the motion of AIderman Feren, seconded by AIderman Pietrangelo, that the
report be received and adopted. Carried Unanimously.
See By-law No. 99-248
L-99-f f4 - Chief Administrative Officer- Re: Ontario Heritage Foundation Easement
Agreement with the City, Recreational Trail between SL Paul Avenue and Dorchester
Road. The report recommends that the City enter into negotiations with Ontario Heritage
Foundation for a recreational easement over City lands between St. Paul Avenue and
Dorchester Road.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
CS-99-09 - Chief Administrative Officer- Re: "Made in Niagara" Governance Model
The report recommends that Council receive the attached Govemance proposal submitted
by the Berkeley Consulting Group.
Following some discussion, it was ORDERED on the motion of Alderman Michalczyk,
seconded by Alderman Feren, that the report be received and adopted. Carried
Unanimously.
I
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that
the actions taken in Corporate Services Committee, earlier this evening, be approved:
1. That the minutes of the November 16, 1999, meeting be adopted as recorded.
That the 2000 Budget for the Board of Museums be referred to final budget
deliberations.
That the 2000 Budget for Niagara Transit and Chair-A-Van be referred to final
budget deliberations and that a l O-cent across the boa~ fare increase (except child
fare which will be reduced by 25-cents) be approved effective January 1, 2000.
That the Boys' and Girls' Club request for financial assistance for a new pool filter
be deferred for a report at the November 29 th meeting of Council.
That the 2000 Budget for the Niagara Falls Humane Society be referred to final
budget deliberations and that the Humane Society be given the responsibility of
handling licences for the yca~ 2000.
F-99-56 - That the City enter into an agreement with the Bank of Montreal for the
service of telephone bill payments.
=
F-99-57 - That the Municipal Accounts totalling $660,972.21 for the period ending
November 22, 1999 be approved.
That Report MW-99-147 - Residential Water Meters Update and Implications of
Galvanized Plumbing, be received for information.
10.
MW-99-148 - That staff be authorized to commence the procedure required by the
Municipal Act to formally close the structure on Willodell Road.
11.
That the Niagara Falls Library request for a wage increase for Library Pages Staff
be deferred for a report at the November 29th meeting of Counc~.
See By-law No. 99-251
The motion Canfed with Alderman Orr opposing Item #4 dealing with Niagara Transirs fare
increase.
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
99-246
A by-law to establish Blocks 35 and 36 on registered Plan No. 59M-248, as
public highways, to be known as and to form part of Costabile Drive and
Francesco Avenue, respectively.
99-247 A by-law to appoint an Animal Control Officer for the City of Niagara Falls.
99-248
A by-law to authorize a Licence Agreement, dated September 9, 1999,
between P.P. & P. Hotels Limited and The Corporation of the City of Niagara
Falls for the purpose of licencing part of Municipal Parking Lot No. 4.
99-249
A by-law to authorize an Agreement between Brian Sinclair and Mari/ynn
Sinclair and The Corporation of the City of Niagara Falls for the purpose of
satisfying a condition of a Zoning By-law Amendment.
99-250
A by-law to amend By-law No. 70-69, as amended of the former Township
of Humberstone, now in the City of Niagare Falls (Part of Lot 4, Concession
5).
99-25f A by-law to authorize monies for Genera/Purposes (November 22, 1999).
99-252 A by-law to amend By-law No. 70-69, as amended of the former Township
of Humberstone, now in the City of Niagara Falls (Part of Lot 3, Concession
5).
The motion Carried with Alderman Craitor, Alderman Michalczyk and Alderman Ioannoni
abstaining from the vote on conflicts of interest previously noted and with all others voting
in fayour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
following by-laws be now read a second and third time:
99-246
A by-law to establish Blocks 35 and 36 on registered Plan No. 59M-248, as
public highways, to be known as and to form part of Costabile Drive and
Francesco Avenue, respectively.
99-247 A by-law to appoint an Animal Control Officer for the City of Niagara Falls.
99-248
A by-law to authorize a Licence Agreement, dated September 9, 1999,
between P.P. & P. Hotels Limited and The Corporation of the City of Niagare
Falls for the purpose of licencing part of Municipal Parking Lot No. 4.
99-249
A by-law to authorize an Agreement between Brian Sinclair and Mari/ynn
Sinclair and The Corporation of the City of Niagara Falls for the purpose of
satisfying a condition of a Zoning By-law Amendment.
99-250
A by-law to amend By-law No. 70-69, as amended of the former Township
of/-/umberstone, now in the City of Niagara Falls (Part of Lot 4, Concession
5).
99-251 · A by-law to authorize monies for Genera/Purposes (November 22, 1999).
99-252 A by-law to amend By-law No. 70-69, as amended of the former Township
of Humberstone, now in the City of Niagara Falls (Part of Lot 3, Concession
5).
The motion Carried with Alderman Craitor, Alderman Michalczyk and Alderman Ioannoni
abstaining from the vote on conflicts of interest previously noted on By-law No. 99-251 and
with all others voting in favour.
NEW BUSINESS
f. Letter from Mr. William Gaston
Council members received a letter from Mr. William Gaston regarding Chippawa
Arena expenditures.
I I
- 8 -
ORDERED on the motion of Alderman Feren, seconded by Alderman Micha/czyk that this
letter be referred to staff to respond and clarify and bring this back to Council. Carried
Unanimously.
2. Tourism Crime Prevention
Alderman Ioannoni presented a brief explanation of her proposals - "Niagara Falls
Safe City Campaign" and "Tourism Crime Prevention Master Plan" which will help to make
the City of Niagara Falls the safest city in Canada.
ORDERED on the motion of Alderman Ioannoni, seconded by Alderman Fisher to support
the proposals. The Motion Carried with Alderman Orr declaring a conflict of interest and
all others voting in fayour.
3. Niagara Falls Public Library
Alderman Fisher reminded everyone that there will be a celebration at the Niagara
Falls Public Library on Tuesday, November 23, 1999 at 7:30 p.m. and everyone is
welcome.
4. Millennium Clock
Alderman Fisher announced that there is still room to put your name on the clock
and encouraged everyone to participate. She also announced that the brochures
explaining how to participate can be picked up at City Hail or Parks, Recreation & Culture
Building.
5. Santa Claus Parade
Alderman Michalczyk advised Council that the Santa Claus Parade was a huge
success even though the weather was not good. He thanked all volunteers who helped
and participated, especially Parks, Recreation & Culture, Dale Morton and Vito Scaringi
who worked very hard to help make this parade the largest ever.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor that
letters of congratulations be forwarded to Alderman Michalczyk and all other volunteers
involved in this parade. Carried Unanimously.
6. Festival of Lights
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher that
a letter of congratulations be forwarded to Gary Hendershot and all the staff who helped
to make the opening of the Festival of Lights a success. Canfed Unanimously.
7. Overnight Parking
Alderman Craitor advised that effective November 15, 1999, the City is enforcing
the ovemight parking by-law and parking permits may be purchased for $50.00 for 12
months.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
I I
THIRTIETH MEETING
COMMITTEE-OF- THE-WHOLE
Committee Room #2
November 29, 1999
Council met on Monday, November 29, 1999 at 6:30 p.m. in Committee-of-the
Whole. All members of Council, with the exception of Alderman Feren, were presenL
Alderman Ed Michalczyk presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole did not
rise to report in open session.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
REGULAR COUNCIL MEETING
Council Chambers
November 29, 1999
Council met on Monday, November 29, 1999 at 7.'00 p.m. for the purpose of considering
Regular Business matters. All members of Council, with the exception of Alderman Feren,
were present. Alderman Ioannoni offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that the
Minutes of the Regular Council Meeting of November 22, 1999 be adopted as printed.
Carried Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Wing indicated a pecuniary interest on Cheque No.248267 because she
is an officer of the recipient.
Alderman Michalczyk indicated a pecuniary interest on Cheque No. 248497
because of his law suit with Bruce Ward and CD-99-30 and CD-99-31 because he is a
volunteer firefighter who is involved in running a bingo.
;r: !1 II
Alderman Craitor indicated a pecuniary interest on Cheque Nos. 248493 and
M92849 because a member of his family is employed by the Region and CD-99-30 and
CD-99-31 because he is a member of an organization involved in running a bingo.
PRESENTATIONS
His Worship Mayor Thomson and Wayne Scoff, Chairman of the Arts & Culture
Commission presented the following people with a cheque for their individual
accomplishments from the Young Family Endowment Fund:
Lisa Flynn
John Harkness
Linda Hankin Allison Bodovinac
Nanci Di Angelis
DEPUTATIONS
Westlane Secondary School - Project Red Ribbon f999
Katie Brown and Alicia Niven, representatives from Westlane Secondary
School Mothers Against Drunk Drivers, (MADD'S) provided information on the Project
Red Ribbon 1999 Campaign and requested that red ribbons be tied to all City and Council
vehicles in support of the Project Red Ribbon Campaign.
Following the presentation, it was ORDERED on the motion of Alderman Fisher,
seconded by Alderman Ioannoni, that Council support the 1999 Project Red Ribbon
Campaign by flying red ribbons on their vehicles and City vehicles. Carfled Unanimously.
ORDERED on the motion by Alderman Fisher, seconded by Alderman Ioannoni that the
month of December be proclaimed as "Project Red Ribbon Month". Carfled Unanimously.
Ruth Klopka
Mrs. Ruth Klopka expressed concems to Council with respect to property known
as Parts 3, 4 & 5 on Reference Plan No. 59R-1568, East Side of Swayze Drive. She
requested Council to retract their decision to sell the property and suggested that the
property be added to the City's Parks inventory, and use the land for a skating rink etc.
She expressed some safety issues with respect to the property and then presented
Council members with community petitions.
ORDERED on the motion by Alderman Janvary, seconded by Alderman Volpatti to refer
this to Parks, Recreation & Culture for further investigation with respect to the safety
issues.
The motion Carfled with Aldermen Orr and Puttick voting in opposition and with all others
voting in fayour.
MA YOR'S REPORTS, ANNOUNCEMENTS, REMARKS
Coats for Kids
His Worship Mayor Thomson advised Council that City staff organized a competition
between departments forthe collection of winter coats to support this project. His Worship
Mayor Thomson congratulated Paula Babel of the Clerk's Department for her extra effort
in collecting and co-ordinating the donations.
ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Michalczyk
that a letter of congratulations be forwarded to our City staff for supporting this project.
Carried Unanimously.
COMMUNICATIONS
Communication No. 244 - Renate Martin, former Branch Manager for the Canadian
Red Cross - The communication thanks Council for their support while she was Branch
Manager of the Canadian Red Cross.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Pietrangelo,
that the correspondence be received and Flied and further, that a letter be forwarded to Ms.
Martin wishing her all the best in the future. Carried Unanimously.
Communication No. 245- Proposed Expansion of Willoughby Manor, Terri Salvador-
The communication advises Council that Terfl Salvador opposes any further development
with respect to Willoughby Manor.
Alderman Fisher advised Council that this project is not ready to come to Council and that
the residents will be notified before this project is commenced.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Campbell that
this communication be referred to the Planning Department. Carfled Unanimously.
Communication No. 246 - Ontario Family Fishing Weekend, Steering Committee, R.
G. Morgan, Chair- Re: Proclamation. The communication requests that Council
proclaim one summer weekend (Friday, July 7 through Sunday July 9, 2000) a licence-free
Fishing weekend and further, that the 2000 Ontario Family Fishing Weekend be publicized
in the City's Leisure Guide.
ORDERED on the motion of Alde~ii~an Michalczyk, seconded by Alderman Campbell that
the request be supported. Carfled Unanimously.
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the
actions taken in Corporate Services Committee, earlier this evening, be approved:
1. That the minutes of the November 22, 1999, meeting be adopted as recorded.
That the 2000 Budget Request of the Niagara Falls Public Library be referred to
final budget deliberations.
F-99-60 - That Council provide funding to implement a second step in the labour
grade of the pages library staff effective January 1, 1999, subject to approval and
confirmation by the Library Board.
That the 2000 Budget Request of Niagara Falls Tourism be referred to final budget
deliberations.
R-99-72 - That the report on the partnership development strategy for a new
Aquatics/Community Centre be accepted in principle and that the funds required for
the architectural/engineering drawings and preliminary costs to construct a
Community Centre be referred to the 2000 Capita/Construction Budget.
R-99-71 - The Girls Home for Soccer - That the request for financial support be
accepted in principle and that staff bring forth a report, as quickly as possible, to
obtain all required approvals.
That the United Way review of Agency Submissions for Year 2000 be referred to
final budget deliberations.
F-99-58 - That the Municipal Accounts totalling $I, 727, 763. 95 for the period ending
November29, 1999, be approved.
R-99-74 - The 5% increase in Facility User Fee for Arenas be approved, effective
May 1, 2000.
10.
R-99-67 - That the Stamford Summer Skating club be charged $105.00 per hour,
plus GS T, for their 2000 Summer Ice Rental Fees.
11.
R-99-69 - That a grant of $200. O0 be approved to assist Cindy Currie with her
expenses for the Nature/Olympia Bodybuilding and Fitness Championships.
12.
CS-99-10 - That a grant of $1,000.00 be approved to assist Michael Irwin in his
training and travel expenses for the Canadian National Championships.
13.
F-99-59 - That the Optimist Club of Niagara Falls be aftowed to defer $1 O, 000. O0
of its 1999 mortgage principal payment to the end of the mortgage payment period.
14.
That the cost of a replacement pool filter for the Boys & Girls club be funded from
the Chippawa/Willoughby Arena Special Purpose Reserve Account.
15.
That the rental fees of the Chippawa Arena be waived for the City Children's
Christmas Party on December 19, 1999.
16.
That the sidewalks on Montrose Road as outlined in Report MW-99-07, be carried
out immediately.
Note: Alderman Puttick made a motion to turn the following correspondence over
to Adele Kon (no seconder or vote):
· A letter from a resident objecting to the trail going through near her property.
· 23 letters expressing concerns with regard to the twinning of the
Chippawa/Willoughby Arena.
The motion Carried with Alderman Orr opposing Items #5 and #10 and all others voting in
favour.
REPORTS
CD-99-30 - Chief Administrative Officer- Re: Golden Nugget Bingo Hail Closure. The
report recommends that this report be received for the information of Council.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. The motion Carried with Aldermen Michalczyk and
Craitor abstaining from the vote on a conflict of interest previously noted and with all others
voting in favour.
CD-99-3f - Chief Administrative Officer- Re: Amendments to Municipal Bingo Event
Calendar. The report recommends:
That the bingo event calendar be amended by changing the 6:00 p.m. to 10:00 p.m.
time slot, currently allowing for 4 bingo events per day to be reduced to 2 events per
day.
:11; I1! II
That the bingo event calendar be amended by changing the 10:00 p.m. to 12:00
p.m. time slot, currently allowing for 1 bingo event per day to be increased to 2
events per day.
3. That the increase in late night bingo events, begin with Friday, Saturday and
Sunday only, for a 90-day test period. A review during this test period will determine
profitability and the next steps required.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Ioannoni, that the
report be received and adopted. The motion Carried with Aldermen Michalczyk and Craitor
abstaining from the vote on a conflict of interest previously noted and with all others voting
in fayour.
FS-99-10 - Chief Administrative Officer- Re: Orlando Drive Condominiums - 3797
Orlando Drive, Designation of Private Roadways as Fire Routes. The report
recommends that Council approve the request of Park Place Homes to designate the
private roadways as a Fire Route.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
See By-law No. 99-253
R-99-70 - Chair, Santa Claus Parade Committee - Re: 1999 Santa Claus Parade and
Santa Party. The report recommends that this report be received for the information of
Council.
ORDERED on the motion of Alderman Michalczyk, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
L-99-107 - Chief Administrative Officer - Re: Cat By-law Update. The report
recommends that this report be received and filed.
ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Volpatti, that
the report be received and adopted. Canfed Unanimously.
L-99-118- Chief Administrative Officer- Re: Release of Restrictive Covenants, Lot
39 Registered Plan No. 243, Falls Industrial Park. The report recommends that Council
release the restrictive covenants contained in a Transfer registered in 1977 as Instrument
No. RO295002Z, at no cost to the City.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
report be received and adopted. Canfed Unanimously.
See By-law No. 99-256
PD-99-128 - Chief Administrative Officer - Re: Amendments to the City of Thorold,
Official Plan (OPA. 34) and Regional Policy Plan (0PA.134), Thorold Gateway
Industrial Area. The report recommends that City Council request:
The City of Thorold to consider a transition of land uses along Thorold Stone Road
as outlined in our previous report; and
2. Consider an additional entranceway to the industrial area other than the existing
roadway off of Townline Road.
ORDERED on the motion of AIdeRiian Campbell, seconded by Alderman Craitor, that the
report be received and adopted. Canfed Unanimously.
PD-99-129 - Chief Administrative Officer- Re: Application for Site Plan Approval,
SPC-25/99, Block 221 of Plan 59M-129, Montrose Road, W.S. Waltera Construction
Limited, Proposed 3-Storay Apartment Building. The report recommends that Council:
I. approve the site plan for a proposed three-storey, 22 unit apartment; and
ii!i !l:ll
2. adopt the by-law on the agenda, amending By-law No. 80-114, to designate the fire
access route under the City's Fire Route By-law.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
MW-99-158- Chief Administrative Officer- Re: Municipal Parking & Traffic Committee
Recommendation, Downtown Board Request for December Free Parking. The report
recommends that the request for 2-hour free parking at the parking meters in the
Downtown Core, during the month of December, be approved.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Michalczyk, that
the report be received and adopted. Carried Unanimously.
Alderman Craitor advised Council that the stop light at Freeman Street and Dorchester
Road will be functional as of Tuesday, November30, 1999.
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
99-253
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 pe,,,itted.
99-254
A by-law to authorize the execution of an agreement with 1225100 Ontario
Ltd. respecting "4215 Meadowvale Ddve Condominium".
99-255 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings.
99-256
A by-law to authorize a Release of the restrictive covenants contained in a
Transfer from The Corporation of the City of Niagara Falls to Niagara Paper
Box Company Limited registered in 1973 as Instrument No. 199285 and the
same covenants in the subsequent Transfer to Linnenbank Leather Goods
Limited registered in 1977 as Instrument No. RO295002Z, at no cost to the
City.
99-257 A by-law to authorize monies for General Purposes (November 29, 1999).
The motion Carried with Aldeiiiian Wing, Alderman Michalczyk and Alderman Craitor
abstaining from the vote on conflicts of interest previously noted and with all others voting
in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
following by-laws be now read a second and third time:
99-253
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.
99-254
A by-law to authorize the execution of an agreement with 1225100 Ontario
Ltd. respecting "4215 Meadowvale Drive Condominium".
99-255 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings.
!:ti I II
99-256
A by-law to authorize a Release of the restrictive covenants contained in a
Transfer from The Corporation of the City of Niagara Falls to Niagara Paper
Box Company Limited registered in 1973 as Instrument No. 199285 and the
same covenants in the subsequent Transfer to l innenbank Leather Goods
Limited registered in 1977 as Instrument No. RO295002Z, at no cost to the
City.
99-257 A by-law to authorize monies for General Purposes (November 29, 1999).
The motion Carried with Alderman Wing, Alderman Michalczyk and Alderman Craitor
abstaining from the vote on conflicts of interest previously noted and with all others voting
in favour.
NEW BUSINESS
1. Canadian Cancer Society
Alderman/oannoni advised Council that the Canadian Cancer Society wi// be
relocating to 509 Glendale Avenue, Niagara-on-the-Lake, as of December 4, 1999.
2. Letter of Congratulations
Alderman Fisher advised Council that Mrs. Jytte Cherrie, the Librarian at the
Chippawa Library is retiring.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Micha/czyk that a
letter of congratulations be forwarded to Mrs. Jytte Cherrie, the Librarian at the Chippawa
Library on her retirement and great dedication. Carried Unanimously.
3. Tender Wishes
Alderman Fisher advised Council that Tender Wishes hosted their annual Christmas
Party this past weekend at the Optimist Hall.
ORDERED on the motion of AIderrnan Fisher, seconded by AIderman Craitor, that a letter
of thanks be forwarded to the volunteers of Tender Wishes for their hard work and acts of
kindness. Carried Unanimously.
4. Letter of Congratulations
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool
that a letter of congratulations be forwarded to Tony DiDomenico, who won a contest for
designing a hockey card celebrating the career of Wayne Gretzky. Carried Unanimously.
5. Millennium Clock
Alderman Janvary-Pool updated Council with respect to the construction of the
Millennium Clock and assured Council that it will be completed on time and that
$33,000.000 has been raised up to this point. She also advised Council that a grant will
be coming from the govemmenL
6. Government in the Niagara Region
Alderman Puttick raised the question of the Chamber of Commerce and their
position with respect to the Govemance issue. His Worship Mayor Thomson clarified the
Chamber of Commerce's stance with respect to this issue.
7. Letter of Congratulations
ORDERED on the motion of Alderman Campbell, seconded by Alderman Michalczyk that
a letter of congratulations be forwarded to the Arts & Culture Commission with respect to
the Artscene Newsletter. Carded Unanimously.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the meeting be adjoumed. Carded Unanimously.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
THIRTY-SECOND MEETING
COMMITTEE-OF- THE-WHOLE
Committee Room #2
December 6, 1999
Council met on Monday, December 6, 1999 at 6:30 p.m. in Committee-of-the Whole.
All members of Council, were present. Alderman Janice Wing presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
PLANNING MEETING
Council Chambers
December 6, 1999
Council met on Monday, December 6, 1999 at 7:00 p.m. for the purpose of
considering Planning/Regular Business matters. All members of Council were present.
Alderman Shirley Fisher offered the Opening Prayer.
Priorto dealing with further Council matters, His Worship Mayor Thomson requested
a moment of silence in remembrance of the 14 women murdered 10 years ago today at the
University of Montreal
DISCLOSURES OF PECUNIARY INTEREST
Alderman Michalczyk indicated a pecuniary interest on By-law No. 99-273 as he is
a volunteer firefighter.
Alderman Craitor indicated a pecuniary interest on Cheque No. 248638 because a
member of his family is employed by the Region.
Alderman Pietrangelo indicated a pecuniary interest on Cheque No. 248626
because he is employed by the Niagara Catholic District School Board.
Alderman Wing indicated a pecuniary interest on Report F-99-61 because of her
involvement with the Corporation.
DEPUTATIONS
"The Hub" Social Center
Ruth Bedell, Founder/President apologized for not attending at the November 27,
1999 meeting and provided information and an update on the activities and progress of the
Hub Social Center. She encouraged community participation and thanked His Worship
Mayor Thomson and Council and wished everyone a Merry Christmas.
PLANNING MATTERS
PD-99-131 - Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-31-99, 2674 St. Paul Avenue, Christine Rapattoni, Proposed
DevelopmenL The report recommends that Council approve this application to develop
20 on-street townhouses.
-AND -
Communication No. 247 - Niagara Peninsula Conservation Authority.
communication advises as having no objections to this application.
The
Communication No. 248 - Mr. and Mrs. Martin Schubert. The communication advises
as being opposed to the application.
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 Notice of the Public Meeting had been given in
accordance with the Regulations by prepaid first class mail on November 12, 1999.
His Worship Mayor Thomson received indication that George Radojcic, 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.
His Worship Mayor Thomson advised that failure to make oral or written
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
The Director of Planning and Development referred to the subject lands with the
assistance of posted sketches and reviewed the information contained in the
Recommendation Report. He also advised Council that the only change to the application
is the tenure (freehold development). This application complies with the Official Plan and
is subject to Site Plan approval.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of the application and a positive
response in opposition to the application.
Mr. Don Cruikshank, 6150 Mountaingate Street, expressed concerns regarding
the high density and visitor parking, as well as the appearance of this development with
respect to the interference of the driveways.
The Director of Planning and Development addressed Mr. Cruikshank's concerns
and advised him that the driveways will be dealt with in the Site Plan process.
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Mayor Thomson indicated that a letter of support be forwarded to the Police
Department for their efforts and in keeping the "HEA 7"' on Queen Street as well as other
problemafic areas throughout the City.
Niagara Falls Rotary Club
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, to
approve the purchase of tickets in the amount of $300.00 from the Niagara Falls Rotary
Club in support of a Children's Camp on Lake Erie. Carried Unanimously.
PRESENTATIONS
A. N. Myer Curling Team
His Worship Mayor Thomson congratulated and presented a token of appreciation
to Cheryl Scott; Amy McKay, Michelle Demers, Tiffany Karner, and Coach Bi~
McKay, A. N. Myer Curling team, in recognition of winning the 2~ Annual Gore Mutual
Schoolgirl Championship.
Casino Niagara
His Worship Mayor Thomson and Alderman Pat Cummings, Chairman of the
Disability Advisory Committee, congratulated and presented a token of appreciation to Jay
Meilstrup, General Manager, Casino Niagara, in recognition of their efforts in making
their business accessible to the disabled.
DEPUTATIONS
Niagara Film Festival
Amy Bignucolo, Chair, Niagara Film Festival, presented a video presentation
and provided information on the 1999 Niagara Film Festival being held from May 28, 1999
to June 6, 1999; thanked Council for their support and encouraged everyone to attend the
festival.
COMMUNICATIONS
Communication No. 95 - The Canadian Soap Box Derby - Re: Derby Race. The
communication requests permission to hold a derby race on Hanan Avenue in Niagara
Falls on June 12, 1999 from 8:00 a.m. - 5:00 p.m., and requesting that the $400.00 road
closure fee be waived.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the
request be supported. Carried Unanimously.
Communication No. 96 - Campaign Life Coalition - Re: Proclamation . The
communication requests that May 2"d to May 9th, 1999 be proclaimed "Respect for Life
Week".
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
request be supported. Carried Unanimously.
Communication No. 97 - Rainbow Country Quilters - Re: Proclamation. The
communication requests that May 1'~ to May 31st, 1999 be proclaimed as "National Quilting
Month"in the City of Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
request be supported. Carried Unanimously.
Communication No. 98 Lundy's Lane B.I.A. - Re: Board of Directors. The
communication requests that Council approve the Lundy's Lane B.I.A. Board of Directors
for 1999.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the appointments of the Lundy's Lane B.I.A. Board of Directors for 1999 be approved and
that Alderman Kim Creitor and Alderman Ken Feren be appointed Council representatives.
Carried Unanimously.
REPORTS
FS-99-02 - Chief Administrative Officer- Re: Cc~-op Student Placement. The report
recommends that Council authorize staff to enter int4.~ an agreement with the Metis Training
Initiatives for the placement of a student under a "(~o-op" program.
ORDERED on the motion of Alderman Volpatti, s~.;,onded by Alderman Cummings, that
the report be received and adopted. The motion ~,arried with Aldermen Campbell and
Pietrangelo abstaining from the vote on conflicts of interest previously noted and with all
others voting in favour.
R-99-28 - Chief Administrative Officer- Financial Contribution to the Lundy's Lane
Battlefield Park Millennium Project. The report i~commends the following:
That the matching one-third funds in the amuunt of $228,000 for the Lundy's Lane
Battlefield Park Project, be approved in principle, subject to staff reporting back on
potential funding sources.
That an expenditure of up to a maximum of $65,000 (to be deducted from the
amount of $228,000) be approved to retain a heritage architect to begin the
preparation of drawings and specifications for the tendering process and the
supervision of the restoration of Fralick's Tavern.
Len Cade, Lundy's Lane BIA provided background information on the Lundy's
Lane Battlefield Park Project and the development of the battlefield site, and requested
that Council vote in favour of the recommendation report for the benefit of all future
generations.
Following some discussion, it was ORDERED on the motion of Alderman Janvary,
seconded by Alderman Craitor, that the report be received and adopted. The motion
Carried with Aldermen Campbell, Cummings and Puttick voting contrary to the motion;
Alderman Wing abstaining from the vote on a conflict of interest previously noted and with
all others voting in favour.
R-99-29 - Chief Administrative Officer- Re: Appointment to Arts & Culture
Commission - Mr. Tony Smith. The report recommends that Mr. Tony Smith be
appointed to the Arts & Culture Commission for a two-year term, ending December 2000.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the report be received and adopted. Carried Unanimously.
F-99-21 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that Counc~ approve the municipal accounts totalling $891,675.34 for the
period ending April 26, 1999.
ORDERED on the motion of Alderman Feren, seconded by AIderman Cummings, that the
report be received and adopted. The:~motion Carried with Aldermen Craitor and Michalczyk
abstaining from the vote on conflicts of interest previously noted and with all others voting
in favour.
See By-law No. 99-94
PD-99-48 - Chief Administrative Officer- Re: Application for Site Plan Approval; SPC-
9/99, 3797 Orlando Drive; Proposed 21-Unit Townhouse. The report recommends that
Council approve the site plan for the proposed 21-unit townhouse development at 3797
Orlando Drive,
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
PD-99-49 - Chief Administrative Officer- Re: Application for Site Plan Approval; SPC-
22/98, SAil/corner of Stanley Avenue and Robinson Street, Proposed Tourist
Commercial Building. The report recommends that Council approve the site plan for a
proposed tourist commemial building located on the southwest comer of Stanley Avenue
and Robinson StreeL
ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
PD-99-52 - Chief Administrative Officer- Re: Confirmation of Application Procedures.
The report recommends the following:
That Zoning By-law Amendment Application AM-11/99, by Panoramic Hospitality
Inc., not be scheduled for a public hearing May 17, 1999;
That all applications for rezoning follow Councirs procedural policies and Planning
Act requirements.
His Worship Mayor Thomson received indication that the applicant and Mr. Mario
D'Uva, was also in attendance on behalf of the applicant.
During the discussion, the Director of Planning & Development expressed concems
with respect to having inadequate and insufficient time to complete the application prior to
the May 17, 1999 Council meeting; discussed the public notification process, and the
various required studies with respect to the application.
Following some discussion, it was ORDERED on the motion of Alderman
Pietrengelo, seconded by Alderman Fisher, to a/low the application to be scheduled for the
meeting of May 17, 1999. The motion CatTied with Alderman Feren abstaining from the
vote on a conflict of interest and with all others voting in favour.
CD-99-15 - Chief Administrative Officer- Re: Special Occasion Permit to the Royal
Canadian Legion, Branch 396. The report recommends that Council indicate it has no
objection to the issuance of Special occasion Permits to the organization listed in this
report.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Michalczyk, that the
report be received and adopted. Carried Unanimously.
CD-99-16 - Chief Administrative Officer- Re: Minutes of Council Meeting of March 1,
1999. The report recommends that Council authorize the amendment to the Minutes of the
March 1, 1999 Council Meeting, as outlined in the report.
ORDERED on the motion of Alderman Feren, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimously.
CD-99-17 - Chief Administrative Officer- Re: Appointment, L. A.C.A.C. The report
recommends that Council appoint Kathleen Powell as an interim member of the Niagara
Falls L.A.C.A.C., to fill the vacancy created by the temporary Leave of Absence given to
Joyce Long for the one year term.
- AND -
Communication No. 99 - Kathleen Powe~. The communication indicates as being
willing to accept a one-year interim appointment to the Local Architectural Conservation
Advisory Committee (L.A. C.A. C.)
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that the
report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that the
correspondence be received and filed. Carried Unanimously.
L-99-28 - Chief Administrative Officer - Re: Servicing of City Owned Lots;
Bridgewater Street. The report recommends the following:
That Lots 72, 74, 76 and 78 on Plan No. 251 be serviced with City water and
sanitary sewer laterals;
That Bridgewater Street be extended to the most westerly limit of lot 78 on Plan No.
251.
Mr. Martin Goyetche, 4081 Main Street, spoke to the report and requested that he
be given consideration for the first opportunity to purchase these lots.
Following the discussion, it was ORDERED on the motion of Alderman Fisher,
seconded by Alderman Pietrangelo, that the report be received and filed and further, that
staff meet with the abutting residents to discuss the purchase of the lots at market value.
The motion Carried with Aldermen Campbell, Cummings and Puttick voting contrary to the
motion and with all others voting in favour.
L-99-34 - Chief Administrative Officer- Re: Proposed Closing of Road Allowances
within the Limits of Certain Land-Owned by The Niagara Parks Commission. The
report recommends that staff be authorized to proceed with the closing of the road
allowances lying within the limits of certain land owned by The Niagara Parks Commission.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
report be received and adopted. Can'fed Unanimously.
L-99-36 - Chief Administrative Officer - Re: Sale of Hattie Avenue. The report
recommends that staff proceed with the closing and disposal of Hattie Avenue.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
L-99-37 - Chief Administrative Officer - Re: Close and Declare Surplus part of Warner
Road, West of Beechwood Road. The report recommends the following:
That a portion of Wamer Road, designated as part 9 on reference Plan No. 59R-
5648, be stoped up and closed;
That the said portion of Wamer Road, so closed, be declared surplus and notice be
given to the public that the property has been declared surplus to the City's needs
and that there is a proposed sale to the sole abutting owner,'
That Transfers of Easements, for any required easements, be made prior to the
conveyance of the subject lands.
His Worship Mayor Thomson received a negative response to this request if there
was any person present who would be prejudicially affected by the closing of this portion
of Wamer Road.
ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
See By-law No, 99-92
See By-law No. 99-93
RA TIFICA TION OF COMMITTEE-OF- THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
actions taken in Committee-of-the-Whole, earlier this evening be appreved:
That Parts 2 and 4 and Parts 3, 5 and 7 on Reference Plan No. 59R-9983 be
declared surplus to the City's needs and offered for sale by public auction; that the
reserve bid be 90% of the appraised value and that the public auction be conducted
by Doug Embleton Auctions Inc.; and that the Mayor and Clerk be authorized to
execute a listing agreement with Doug Embleton Auctions Inc.
That the City proceed to arbitration with respect to the Street Lighting Contract No.
98-01 and that staff take all necessary steps in that regard.
The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest
and Alderman Puttick voting contrary to motion on the matter dealing with the property
matter, and Alderman Feren abstaining from the vote on a conflict of interest on the Street
Lighting matter and with all others voting in favour.
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by AIderrnan Cummings, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
99-9f
A by-law to repeal By-law 99-38. (Re: Report L-99-19 March 1, 1999 Council
Minutes)
99-92
A by-law to stop up and close part of Wamer Road, designated as part 9 on
Reference Plan No. 59R-564& (L-99-37)
99-93
A by-law to declare surplus part of Wamer Road, designated as part 9 on
Reference Plan No. 59-R-5648, and to authorize that public notice be given
in the next available Saturday edition of The Niagara Falls Review of the said
land being declared surplus and of a proposed sale of the said land. (L-99-
37)
99-94
A by-law to authorize monies for General Purposes (April 26, 1999).
99-95
A by-law to declare surplus Parts 2 and 4, and Parts 3, 5 and 7 on Portage
Road between Swayze Drive and Church's Lane.
99-96
A by-law to authorize a Listing Agreement.
The motion Carried with Aldemian Janvary abstaining from the vote on By-law Nos. 99-95
and 99-96 on a conflict of interest previously noted; Aldermen Craitor and Michalczyk
abstaining from the vote on By-law No. 99-94 on conflicts of interest previously noted and
with all others voting in favour.
ORDERED on the motion of A/den*nan Pietrangelo, seconded by Alderman Cummings, that
the following by-laws be now read a second and third time:
99-91
A by-law to repeal By-law 99-38. (Re: Report L-99-19 Mamh 1, 1999 Council
Minutes)
99-92
A by-law to stop up and dose part of Wamer Road, designated as part 9 on
Reference Plan No. 59R-5648. (L-99-37)
99-93
A by-law to declare surplus part of Wamer Road, designated as part 9 on
Reference Plan No. 59-R-5648, and to authorize that public notice be given
in the next available Saturday edition of The Niagara Falls Review of the said
land being declared surplus and of a proposed sale of the said land. (L-99-
37)
99-94
99-95
A by-law to authorize monies for Genera/Purposes (April 26, 1999).
A by-law to declare surplus Parts 2 and 4, and Parts 3, 5 and 7 on Portage
Road between Swayze Drive and Church's Lane.
99-96
A by-law to authorize a Listing Agreement.
The motion Carried with Alderman Janvary abstaining from the vote on By-law Nos. 99-95
and 99-96 on a conflict of interest previously noted; Aldermen Craitor and Michalczyk
abstaining from the vote on By-law No. 99-94 on conflicts of interest previously noted and
with all others voting in favour.
NEW BUSINESS
Special Circumstances Funding
The Director of Finance advised that a one-time special circumstances govemment
funding in the amount of $900,000 would be received by the City with a shortfall of
approximately $83,000 to the City; he further advised that staff would be reviewing the
budget estimates and the impact of Bill 79 with respect to the assessment.
Alderman Judy Off was excused from ~e meeting.
Congratulations and Best Wishes
Alderman Pat Cummings congratulated and extended best wishes to Alderman
Paisley Janvary on her recent engagement.
Niagara Falls Review
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that a
letter of congratulations be forwarded to Corey Laroque and the staff at the Niagara Falls
Review, in recognition of capturing four Western Ontario Newspaper Awards categories
on April 24, 1999. Carried Unanimously.
Letter of Sympathy
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren , that a letter
of sympathy be forwarded to the residents of the City of Littleton, Colorado on the recent
tragic events which had occurred at Columbine High School. Carfled Unanimously.
Truck Turning Radius corner of Dorchester and Thorold Stone Roads
ORDERED on the motion of Alderman Craitor, seconded by Alderman Michalczyk, that
Regional staff be requested to look into the matter of the truck turning radius at the comer
of Dorchester and Thorold Stone Roads. Carfled Unanimously.
ORDERED on the motion of Alderman Feren, seconded by Alderman Cummings, that the
meeting be adjoumed. Carfled Unanimously.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR
THIRTY-THIRD MEETING
SPECIAL MEETING
Capri Restaurant
December 7, 1999
Counc~ met on Tuesday, December 7, 1999 at 7:00 p.m. in a Special Meeting of
Counc~ for the purpose of considering the 2000 General Purposes Budget and Capital
Construction Budget. All members of Council, with the exception of Aldermen Craitor, were
present. His Worship Mayor Thomson presided as Chairman.
Staff.' Chief Administrative Officer, Ed Lustig; Ken Burden; Adele Kon; Ed Dujlovic; Tom
Smith; Ray Kallio; Doug Darbyson and John MacDonald
ORDERED on the motion of Alderman Campbell, seconded by AIderman Fisher, that Report F-99-
65 - 2000 General Purposes Budget be approved. Carried Unanimously.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Fisher, that Report F-99-
66 - 2000 Capital Construction Budget with projections for the years 2001 to 2004, be approved.
Carried Unanimously.
ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Michalczyk, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
WAYNE THOMSON, MAYOR