Minutes 1997SECOND MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
January 20, 1997
Council met on Monday, January 20, 1997 at 6:45 p.m. in Committee of the Whole.
All members of Council, were present. Alderman Patrick Cummings 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,
MAYOR WAYNE THOMSON
REGULAR MEETING
Council Chambers
January 20, 1997
Council met on Monday, January 20, 1997 at 7:00 p.m. for the purpose of
considering Regular Business. All members of Council, were present. Alderman Patrick
Cummings offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings seconded by Alderman Orr, that
the Minutes of the Planning/Regular Meeting of January 13, 1997 be adopted as printed.
Carried Unanimously.
DISCLOSURES OF PECUNIARYINTEREST
Alderman Cummings indicated a pecuniary interest on Report F-97-07 - Cheque
#226604 and 226704 because a member of his family is employed by the Region.
Alderman Fisher indicated a pecuniary interest on Report CD-97-03 - By-law #96-
242, Chippawa West Phase 2, because she is employed by builders in the area.
Aldermen Susin indicated a pecuniary interest on Report CD-97-04 - By-law #97-15
relating to cemetery plots as he owns twelve.
Alderman Craitor indicated a pecuniary interest on Report F-97-07 - Cheque
#226661 because he is on the Board of Directors of the Niagara Falls Minor Hockey, Jr.
B. Club; Cheque Nos. 226604 and 226704 because a member of his family is employed
by the Region.
Alderman Fisher indicated a pecuniary interest on Cheque Nos. 226088, 226433,
M91742 and 226396 because they re/ate to Casino Niagara which is her son-in-law's
employer.
Alderman Pietrangelo indicated a pecuniary interest on Communication No. 5 and
12 because they relate to his employer and on Cheque Nos. 226184 and 226013 because
the recipient is his employer.
Mayor Thomson indicated a pecuniary interest on Cheque Nos. 226088, 226433,
M91742, 226396 because they relate to Casino Niagara and a member of his family has
a business interesL
CURRENT PLANNING MATTERS
Cancellation of Public Meeting
Item No. 97-03
His Worship Mayor Thomson advised that the public meeting to amend Zoning By-
law 79-200, for the property located on the North side of Forest Glen Drive which is
scheduled for this evening, has been requested to be deferred by the applicant.
ORDERED on the Motion of Alderman Cummings, seconded by Alderman Fisher that the
Public Meeting be deferred to February 10, 1997. Carried Unanimously.
PD-97-05 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-25/96, Doreen Lin, 4303 River Road. The report recommends that Council approve
the subject application to change the zoning of the lands known as 4303 River Road from
GC to TC with provisions to permit the erection of a 7-storey, 108-foot high structure that
will enclose the existing Buddha statue.
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 by mailing on December 13, 1996.
His Worship Mayor Thomson received indication that the applicant, Doreen Lin and
her agent, Josephine Woo were in attendance and received no 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 infotiiiation included in Technical Report
No. PD-97-02; Nature of the Amendment; Official Plan and Surrounding Land Use; Zoning;
Engineering considerations; Site Plan Control; and the Public Notification 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 or opposed to the application.
Ms. Josephine Woo, advised that a pagoda style structure has a traditional height
of 180 feet, she further indicated that this would be the first such structure in Canada and
would therefore be a landmark.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-25/96 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the recommendations contained in Report PD-97-05 be adopted. Carried Unanimously.
PD-97-07 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-26/96; Raymond T. Luft Enterprises - Rudan Holdings Ltd, Northwest Corner of
Stanley Avenue and Dunn Street. The report recommends the following:
That Council approve the application to permit the construction of a 20-storey, 217
room, full service hotel including a 2 level underground parking garage;
The development be conditional upon the dedication of a daylighting triangle with
7 m legs at the intersection of StanleyAvenue and Dunn Street and the construction
of a 1.5 m wide sidewalk along the full frontage of the site adjacent to Dunn Street
all to the satisfaction of the Municipal Works Department; and
A by-law be prepared in order to regulate the development of the site and to reflect
the specific details proposed in 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 by mailing on December 13, 1996.
His Worship Mayor Thomson received indication that Mr, Raymond T. Luft and Mr.
Mike Rudan were in attendance and received no 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 prfor 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 included in Technical Report
No. PD-97-03; Nature of the Amendment; Official Plan and Surrounding Land Use; Zoning;
Engineering considerations; Site Plan Control; and the Public Notification Process.
Mr. Raymond T. Luft and Mr. Tony Svedas spoke about the Crown Plaza Hotel and
their four star accommodations.
Mr. Paras Ramlaggan of the Aurora Motel requested clarification on some of the
issues and Mr. Raymond T. Luft responded to them.
There was no response to Mayor Thomson's request for comments from persons,
other than the applicant or his agent, in support of or opposed to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-26/96 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the recommendations contained in Report PD-97-07 be adopted. Carried Unanimously.
COMMUNICATIONS
Communication No. f - Ken Walsh, Niagara Falls Taxi Ltd. - Re: Taxi stands in the
areas of Victoria Avenue, Bender Hill and Falls Avenue - requesting a study by the
appropriate committee to implement some initiative that would be of beneffi to the tourist
industry and the many people requiring their sen/ices.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the matter be referred to staff and the Parking and Traffic Committee. Carried
Unanimously.
Communication No. 2 - Gymnastics Energy Training Centres - Re: Proclamation -
requesting Council proclaim the week of January 12 to 21, 1996 as "Gymnastics Week".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
request be supported subject to the established policy. Carried Unanimously.
Communication No. 3 - Roseanne Morissette, VON Canada - Re: Proclamation -
requesting Council proclaim the week of January 19 - 25, 1996 as "National VON Week".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the request be supported subject to the established policy. Carried Unanimously.
Communication No. 4 - Sharon Basserr - Re: Mrs. Margaret Hardngton - expressing
disappointment on two issues related to the Casino and the official opening.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher that the
letter be received and filed. Carried Unanimously.
Communication No. 5 - Elizabeth Davey, Vice Principal, Cardinal Newman
Elementary School - Re: Street name change - requesting that Kimbark Avenue be
renamed to Cardinal Newman Way.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings that the
matter be referred to the Street Name Committee. Carried with Alderman Pietrangelo
noting a conflict and all others voting in favour.
Communication No. 6 - Thomas Hollick, Regional Clerk - Re: Communications
Steering Committee - Updating Council on the activities of the Committee.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot that
the matter be received and filed. Carried Unanimously.
Communication No. 7- Trudy Richard- Re: Bus parking at the Best Western on River
Road and enclosing a petition - requesting that buses arriving and departing from the Days
Inn and the Best Western be required to load and unload passengers on River Road.
-AND-
Mayor Wayne Thomson - Reply.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor to support
the Mayors efforts. Carried Unanimously.
Communication No. 8 - Glenn Gandy, President, Chamber of Commerce - Re:
Invitation to Council to attend the Industrial Forum and Showcase on February 5, 1996 at
Vincor - requesting Council attendance.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that
the matter be received and filed. Canfed Unanimously.
Communication No. 9 - Glenn Gandy, President, Chamber of Commerce - Re:
Appointment - requesting Council appoint a representative to serve on the Board as
Directorforthe period of one year. It was noted that Alderman CreItor had been appointed
to represent the City for the term of this Council.
ORDERED on the motion of Alderman Susin, seconded by Alderman Orr that the matter
be received and filed and the Chamber of Commerce be notified of Alderman Craitor's
appointment. Canfed Unanimously.
Communication No. 10- Catherine Webber- Re: Public Park on the Hydro property
backing on properties of Brookfield Avenue - requesting Council reconsider its decision for
such a park.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher that the
matter be referred to staff. Carried Unanimously.
Communication No. 11 - Alzheimer Society of Niagara Region - Re: Proclamation -
requesting that January be proclaimed as "Alzheimer Awareness Month".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo that
the request be supported subject to the established policy. Carried Unanimously.
Communication No. 12 - Municipa~ty of The Township of Tiny - Re: School Board
Development Charges - requesting Council endorsement of motion passed by The
Corporation of the Township of Tiny at its November 18, 1996 meeting.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti that
the matter be received and filed. The motion Canfed with Aldermen Campbell, Pietrangelo
and Janvary noting a conflict and all others voting in favour.
REPORTS
MW-97-02 - Chief Administrative Officer - Parking & Traffic Recommendations from
December 19, 1996 Parking & Traffic Committee Meeting. The Report recommends
the following:
1. 1997 Agreement - Canadian Corps. of Commissionaires
It is recommended that the services of the Canadian Corps of Commissionaires
(Hamilton) be engaged for the period from January 1, 1997 to December 31, 1997
for the enforcement of parking violations and for the provision of City Hall security
services, with a 4% increase in wages, but with no increase for administration.
2. MW-96-168 - Tad Street ~. Kirkland Avenue - All-Way Stop Request
It is recommended that:
1)
an all-way stop control be installed at the intersection of Tad Street and
Kirkland Avenue;
the Niagara Regional Police be requested to provide some selective
enforcement of the existing speed limit on Tad Street.
MW-96-169 - Oxford Street ~. Wiltshire Boulevard - All-Way Stop Request
It is recommended that an all-way stop control be installed at the intersection of
Oxford Street and Vtrlltshire Boulevard Avenue.
MW-96-177-Dunn St., Orchard Ave., Level Ave.,
Cleveland Ave., Allanthus Ave. & Dixon St. - Area Parking Review
It is recommended that.'
1)
parking be restfYcted on the both sides of Orchard Ave. from Dunn St. to
Dixon SL between the hours of 8:00 a.m. and 4:00 p.m. Monday to Frfday
excluding holidays;
Niagara Region be requested to restrict parking on the north side of Dunn
St., from the west limit of the Niagara College property to Ralph Ave.
between the hours of 8:00 a.m. and 4:00 p.m. Monday to FrYday excluding
holidays;
Niagara Region be requested to restrict parking on the south side of Dunn
SL, from Orchard Ave. to house number 6058 Dunn St. between the hours
of 8:00 a.m. and 4:00 p.m. Monday to FrYday excluding holidays;
parking be restrfcted on the both sides of Level Ave. from Dunn SL to Dixon
St. between the hours of 8:00 a.m. and 4:00 p,m. Monday to Friday
excluding holidays;
parking be restrfcted on the both sides of Cleveland Ave. from Dunn SL to
Dixon St. between the hours of 8:00 a.m. and 4:00 p.m. Monday to Frfday
excluding holidays; and,
parking be restrfcted on the both sides of Ailanthus Ave. from Dunn St. to
Sunnylea Cr. between the hours of 8:00 a.m. and 4:00 p.m. Monday to
Friday excluding holidays.
MW-96-185- Huggins SL ~. Gainsborough Ave. -All Way Stop Request
It is recommended that:
an all way stop control be installed at Huggins St. and Gainsborough Ave.;
the Niagara Regional Police be requested to enforce the 50 km/h speed limit
on Huggins SL; and,
a stop sign be installed at the east approach of Huggins St. at Windermere
Rd.
MW-96-186- Cropp Street (~ Pettit Avenue - Intersection Controls Review
It is recommended that:
that an all way stop control be installed at Cropp Street and Pettit Avenue;
the Niagara Regional Police be requested to strfctly enforce the 50 km/h
speed limit on Cropp Street;
the Niagara Regional Police regularly monitor the stop sign compliance at
the intersection of Cropp St. and Pettit Ave.; and,
a stop sign be installed at the west approach of Cropp SL at HeatherAve.
7. MW-96-184 - Paddock Trail Drive @ Preakness Street - All-Way Stop Request
It is recommended that an all-way stop control be installed at the intersection of
Paddock Trail Drive and Preakness Street;
8. MW-96-188 - Church°s Lane (~ Gall Avenue - All-Way Stop Request
It is recommended that:
1)
2)
an all-way stop control be installed at the intersection of Church's Lane and
Gall Avenue; and,
that the Niagara Regional Police be requested to provide selective
enforcement of the existing 50km/h speed limit on Church°s Lane.
9. Dawson Street Update - Request for Parking Restrictions
It is recommended that parking be restricted on the south side of Dawson Street
from Dorchester Road to Southgate Avenue.
10. Heavy Vehicle Restrictions - Mewbum Road and Olden Road
It is recommended that a heavy vehicle restriction be implemented for Mewbum
Road south of Mountain Road and for Olden Avenue south of Mountain Road.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
recommendations in the report be received and adopted. The motion Carried with
Alderman Volpatti opposed to Recommendation No. 1 and all others voting in favour.
See By-law No. 97-02
See By-law No. 97-03
See By-law No. 97-05
MW-97-04, Chief Administrative Officer - Municipal Works Department, Building
Division - Report for November 1996. The Report recommends that the report be
received and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell to
receive and file. Carried Unanimously.
MW-97-08, Chief Administrative Officer- Establishment of a one foot reserve as a
Public Highway - Lamont Avenue, Part 2 on Reference Plan 59R-7188. The Report
recommends that a one foot reserve described as Part 2 on Reference Plan 59R-7188, be
established as part of a public highway, to be known as Lamont Avenue.
ORDERED on the motion of Alderman Volpatti, seconded by AldeiTi~an Cummings that the
recommendation be adopted. Carded Unanimously.
See By-law No. 97-06
F-97-01, Chief Administrative Officer- Amendments to By-laws for Water Rates and
Service Charges and the Sewage Service Rate. The Report recommends that Council
pass the By-laws amending Water Rates and Service Charges and the Sewage Service
Rate.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher that the
recommendation be adopted. The motion Carried with Alderman Orr voting contrary and
with all others voting in favour.
See By-law No. 97-08
See By-law No. 97-09
- 8-
RA TIFICA TION OF CORPORA T; SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
actions taken on the following matters by Corporate Services Committee, earlier this
evening be approved:
1. Adoption of the Minutes of December 9, 1996 Corporate Services Committee
meeting;
2. Municipal funding to the Niagara Falls Public Library be increased by $14,000 in
order for the Library to comply with the Pay Equity Act.
3. Approval of Municipal Accounts totalling $13,956,226.62 for the period ending
January 13, 1997.
4. Staff investigate alternatives to offset the anticipated 1997 Revenue Shortfall.
5. Staff investigate the condition of trees in the area of St. John and St. Peter for
possible safety hazards.
Carried Unanimously.
CD-97-01 - Chief Administrative OfFicer - Re: Appointments to Boards, Commissions
& Committees. The report recommends that Council select appointees to serve for further
terms on the following Boards, Commissions and Committees and that the appointments
be confirrned by the passage of the By-law at this meeting.
Niagara Falls Humane Society - that through secret ballot, Geoffrey Hoyle be appointed
as citizen representative.
Niagara Falls Recreation Commission - that through secret ballot, Chris Cage, Bruce W.
Phillips, David Scott and Vincent Audibert be appointed as citizen representatives.
Greater Niagara Transit Commission - that through secret ballot, Anthony DiGiacomo
and Wayne A. (Bart) Maves be appointed as citizen representatives.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
decisions be endorsed and the ballots be destroyed. Carried Unanimously.
See By-Law No. 97-01
CD-97-02 - Chief Administrative Officer - Re: Special Occasion Permit, Niagara Falls
Pirates Hockey Club - 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 Hendershot, seconded by Alde~i~an Craitor that the
recommendation contained in Report CD-97-02 be adopted. Carried Unanimously.
RA TIFICA TION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo
that the actions taken on the following matters by the Committee of the Whole, earlier this
evening be approved:
Purchase of 4693 Zimmerman Avenue
See By-law No. 97-11
FD-97-01 - Fire Department Early Retirement Incentive Program - that Council
approve the Early Retirement Incentive Program for employees of the Fire
Department which will result in considerable savings to the Corporation over the
next several years. Other fire fighters who have obtained sufficient seniority may
also take advantage of this offer, recognizing that there may be an early retirement
penalty in this case. For these employees who don? qualify for an unreduced
pension, they would also not qualify to have their cost of benefits paid for, and this
might deter them from taking advantage of this program. Therefore, it is also
recommended that the Corporation share equally in their cost of benefits until such
time as these costs are covered. This annual cost of benefits, to the Corporation
would be approximaltely $1,500 per person.
MW-97-03 - Municipal Parking Lot #5 - Casa d'Oro Request for Early Termination
of Lease - that this item be received for the consideration of the Municipal Parking
and Traffic Committee.
The motion Carried with Alderman Volpatti opposed to Recommendation No. 1 and with
all others voting in favour.
RESOLUTIONS
NO. 1 - VOLPA 71'1 - CUMMINGS - WHEREAS the Ontado Casino Corporation Act RSO.
c-25 and in the Regulations thereunder indicate that the Ontario Casino Corporation shaft
establish an independent committee with the power to monitor to social, economic and law
enforcement consequences of the operation of the Casino in the Municipality and;
WHEREAS the Council deems it important that this committee be available; THEREFORE
BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby
requests the Ontario Casino Corporation to establish this committee and appoint irs
members at the earliest possible date.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
that leave be granted to introduce the following by-laws and the by-laws be read a first
time:
97-01
A by-law to provide for appointments to certain Boards, Commissions and
Committees.
97-02
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking).
97-03
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Prohibited Turns, Lane Designation, Stop Signs
and Heavy Vehicles).
97-04
A by-law to authorize the execution of a Subdivision Agreement with River
Realty Development (1976) Inc. respecting the Mount Carmel Plan Four
Subdivision.
97-05
A by-law to authorize the execution of an amending agreement with
Canadian Corps of Commissionaires (Hamilton).
10 -
97-06
A by-law to establish a one foot reserve shown as Part 2 on Reference P/an
59R-7188 as a public highway to be known as and to form part of Lamont
Avenue.
97-07
A by-law to authorize the execution of an agreement with Victoria Meadows
Townhomes Inc. and others respecting the proposed Kingsbridge Vii/age
Plan of Condominium.
97-08
Schedule of Water rates and Service charges
97-09
A by-law to amend By-law to amend By-law No. 70-35, as amended, being
a by-law to impose a sewage service rate.
97-10
To authorize monies for Genera/Purposes (January 13, 1997).
97-11
A by-law to authorize the execution of an Offer to Sell from Raymond Wager
to sell to The Corporation of the City of Niagara Falls, property municipally
known as 4693 Zimmerman Avenue, Niagara Falls.
The motion Carded with Alderman Orr opposed to By-law No. 97-08, 97-09 and 97-11,
Aldermen Volpatti opposed to By-law No. 97-05 and 97-11, Alderman Susin abstaining
from the vote on By-law No. 97-02 on conflicts of interest previously noted, Alderman
Cummings, Campbell, Orr, Janvary, Craitor, Ward, Fisher, Pietrangelo and Mayor
Thomson abstaining from the vote on By-law No. 97-10 on conflicts of interest previously
noted and with all others voting in favour.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the following by-laws be now read a second and third time:
97-01
A by-law to provide for appointments to certain Boards, Commissions and
Committees.
97-02
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking).
97-03
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Prohibited Turns, Lane Designation, Stop Signs
and Heavy Vehicles).
97-04
A by-law to authorize the execution of a Subdivision Agreement with River
Really Development (~976) Inc. respecting the Mount Carme/ Plan Four
Subdivision.
97-05
A by-law to authorize the execution of an amending agreement with
Canadian Corps of Commissionaires (Hamilton).
97-06
A by-law to establish a one foot reserve shown as Part 2 on Reference P/an
59R-7188 as a pubtic highway to be known as and to form part of Lamont
Avenue.
97-07
A by-law to authorize the execution of an agreement with Victoria Meadows
Townhomes Inc. and others respecting the proposed Kingsbridge Vii/age
Plan of Condominium.
97-08 Schedule of Water rates and Service charges
11
97-09
A by-law to amend By-law to amend By-law No. 70-35, as amended, being
a by-law to impose a sewage service rate.
97-10
To authorize monies for General Purposes (January 13, 1997).
97-11
A by-law to authorize the execution of an Offer to Sell from Raymond Wager
to sell to The Corporation of the City of Niagara Falls, property municipally
known as 4693 Zimmerman Avenue, Niagara Falls.
The motion Carried with Alderman Orr opposed to By-law No. 97-08, 97-09 and 97-11,
Aldermen Volpatti opposed to By-law No. 97-05 and 97-11, Alderman Susin abstaining
from the vote on By-law No. 97-02 on conflicts of interest previously noted, Alderman
Cummings, Campbell, Orr, Janvary, Craitor, Ward, Fisher, Pietrangelo and Mayor
Thomson abstaining from the vote on By-law No. 97-10 on conflicts of interest previously
noted and with all others voting in favour.
NEW BUSINESS
Monitoring Committee for Social Impacts of the Casino
Alderman Volpatti indicated that she felt a monitoring committee should be set up
for social impacts of the Casino. Chief Administrative Officer, Ed Lustig indicated that them
is a Provincial requirement for a committee of this type and the Ontario Casino Corporation
will be creating a committee, therefore it may be confusing to have a Municipal and
Provincial committee.
ORDERED on the Motion of Alderman Volpatti, seconded by Alderman Cummings that the
Ontario Casino Corporation be requested to establish a social impact study committee as
soon as possible. Carried Unanimously.
See Resolution No. 97-01
Train Whistles
Alderman Janvary spoke about train whistling at the Bender Hill crossing. Larry
Oates indicated that an application has been filed and the City is working on the
satisfaction of the conditions.
Ditch Conditions
Alderman Susin spoke about poor conditions of the ditches in the Beck Road,
Bossert Road area South of the Q.E.W. Larry Oates indicated that he would check into
the matter.
Recyc~ng Costs
Alderman Susin asked questions with respect to an invoice for administration costs
in recycling. Larry Oates responded that it would in all likelihood be the last administration
cost.
12 -
Municipal Ward System
Alderman Susin indicated that he would be bringing forward information on the
Municipal Ward system.
Thorold Stone Road/Q.E.W. Overpass
Alderman Puttick referred to the minutes of the Niagara Falls Public Services
Committee with respect to the Thorold Stone Road/Q.E.W. overpass deferral and indicated
it was his belief that the construction of this btYdge should not be an infrastructure project
and the Municipality should not bear any cost whatever. Council requested the Chief
Administrative Officer to forward these thoughts to the Province.
Letter to the Editor - Re: Casino
Fairview Apartments
Alderman Craitor indicated that he was pleased with the completion of the Fairview
Apartments on McLeod Road.
Chippawa Merchants Junior "C" Hockey Club
Alderman Craitor commended the Chippawa Memhants, Junior "C" Hockey Club for
staging the Junior "C" All Star Game and he commented about the lack of fans supporting
minor hockey.
Information Request
Arts and Culture Commission
Aldeii,an Hendershot reminded Council of the Arts and Culture Valentine's Day
package for the Firehaft Theatre,
Aldei~i~an Orr requested infoii~iation with respect to a seniors bingo.
Letters of Condolence
ORDERED on the Motion of Alderman Campbell, seconded by Alderman Fisher that a
letter of condolence be forwarded to the family of the late Anthony Rufreno. Carded
Unanimously.
Alderman Puttick referred to a letter to the Editor indicating that Niagara has no
place for gambling and he wanted to clarify that Council is not deceiving anyone and
invited the author of the letter to contact him and challenged him to attend Council to
indicate where the deceit was committed.
13 -
ORDERED on the Motion of Alderman Hendershot, seconded by Alderman Fisher that a
letter of condolence be forwarded to the family of the late Don Evans. Carried
Unanimously.
Congratulations
Mayor Thomson congratulated Alderman Jan vary and her committee for conducting
the highly successful Wall of Fame ceremonies.
ORDERED on the motion of Alderman Orr, seconded by Alderman Fisher, that the meeting
be adjoumed. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
PRESENTATIONS
His Worship Mayor Thomson presented the 1996 Trillium Awards for Christmas
Lighting to local winners.
Residential
First:
Second:
Third:
Honourable Mention:
David and Avril Fioravanti
Jim Peterson
Algie and Dorothy Vant
Gerald R. Fletcher
Pierrette Morin
CommarcialllnstitutionalllndustriallMultiple Residential Category
First: Rainbow Gardens
Debbie Cank-Thatcher
Second: Louis Tussaud's Waxworks
Deborah Cooper
Third: Eventide Home
Harold Barnes
DEPUTATIONS
Welland Canals Parkway Master Plan
Regional Councillor D. Bruce Timms, Chair, Welland Canals Parkway
Development Committee introduced Ken Buck, IMC Consulting Group Inc. who provided
drawings of the Welland Canal and emphasized that the plan would be an asset to the
Niagara Peninsula providing links along the Welland River. The discussion indicated that
the project should be funded by the directly benefiting municipalities and other levels of
government. Following the discussion, it was ORDERED on the motion of Alderman
Hendershot, seconded by Alderman Volpatti that the information be received and
approved in principle; on the motion of Aldermen Cummings, Janvary and Puttick that the
concept be approved. The motion Carried with Alderman Orr voting contrary to the motion
and with all others voting in favour.
Economic Development Strategy
George Waters, Chairman, Business Development Advisory Committee introduced
Jason Ducharme, KPMG Consultants who gave a detailed, and well received,
presentation of the Niagara Falls Economic Development Strategy. The presentation
focused on Key Strategies and Detailed Recommended Actions such as:
a)
b)
C)
d)
e)
Strategic directions having been established
Partnerships and speaking with one voice
Opportunities associated with the Casino
Support for core strength in Tourism
Exploit the City's world wide name recognition
-3-
f)
h)
i)
j)
k)
Support sectors with proven strengths
Encourage home grown success
Managing Industrial Lands
Grease the wheels for investment, and
Where to go from here
COMMUNICATIONS
Communication No. 13 - Corporation of the City of St. Catharines - Re: Hospital
Restructuring - The communication requests Council support a 'resolution urging the
Steering Committee, the Niagara District Health Council, and the provincial government
to revise their recommendations to better reflect the realities of St. Catharines and Niagara;
and that all area M.P.P.s, the Minister of Health, the C.A.O.s of the City's hospitals, the
Steering Committee, the Councils of all local municipalities and the Council of the Region
of Niagara, be so advised..
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the matter be referred to the Greater Niagara General Hospital Board for comment..
Carried Unanimously
Communication No. 14 - Murray W. Sherman, Baton Broadcasting System and Assoc.
Producer, New Year's Eve, Niagara Falls - Re: New Year's Eve celebrations. The
communication expresses appreciation for another outstanding New Year's Eve
celebration.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that
letters of congratulations be sent to the persons involved. Carried Unanimously.
Communication No. 15 - Renate Martin, Branch Manager, Canadian Red Cross - Re:
Annual "Mayor's Blood Donor Clinic". The communication advises that the scheduled date
for the Annual Mayor's Blood Donor Clinic is February 24th, 1997.
ORDERED on the motion of AIde.ban Pietrangelo, seconded by Alderman Susin, that the
communication be received and filed for the Information of Council. Carried Unanimously.
REPORTS
F-97-07 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $1,123,178.85 for the period ending January 20,
1997 be approved by the passing of the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor that the report
be received and adopted. The motion Carried with Aldermen Cummings and Craitor
abstaining from the vote on conflicts of interest previously noted and with all others voting
in favour.
See By-law No. 97-16
RATIFICATION OF COMMUNITY SERVICES ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
actions taken on the following matters by Community Services Committee, earlier this
evening be approved:
Adoption of the November 25, 1996 Community Services Committee Minutes, as
amended.
MW-97-10 - City Owned Property At McLeod Road/Montrose Road/Kinsmen Court -
That Staff be authorized to initiate a review of the land use opportunities on the City-
owned property at McLeod Road/Montrose Road/Kinsmen Court; and that the
request from the developers of the Niagara Crossings Mall for removal of excess
fill from the site free of charge be granted, subject to appropriate provisions
concerning sale of the mall site and a twelve week time limit for removal of the fill.
MW-97-05 - Building & Inspections Report for December 1996
That the Building & Inspections Report for the month of December 1996 be received
and filed.
Discussion Item:
Improvements to Roberts Street ramps at Victoria Avenue - That a resolution be
sent to the MTO and OCC requesting that they ensure no delays occur in relation
to improvements to the Roberts Street ramps at Victoria Avenue. - Aldermen Orr
and Craitor conflicts of interest.
5. Information Items:
a)
Niagara Falls Transportation Planning Study - That information on the Niagara Falls
Transportation Planning Study (Newsletter Three) be received and filed.
b)
Articles from the Better Roads Coalition - That the articles from the Better Roads
Coalition be received and filed.
c)
Public Meeting for Streetscaping Improvements on Bridge Street to be held on
January 22nd at 2:00 p.m., City Hall, Room #2 - Thal information be received on the
Public Meeting for Streetscaping Improvements on..: Bridge Street to be held on
January 22nd at 2:00 p.m., City Hall, Room #2. ,
d)
Public Meeting for Streetscaping Improvements or~ Ferry Street to be held on
January 30th at 10:30 a.m., Super 8 Lodge, House of Pancakes, 5678 Ferry Street -
That information be received on the Public Meeting fo:r Streetsceping Improvements
on Ferry Street to be held on January 30th at 10:30 a.m., Super 8 Lodge, House of
!
Pancakes, 5678 Ferry Street. :
e)
Chippawa Pollution Control Plan - Notice of Intent - That information on the
Chippawa Pollution Control Plan - Notice of Intent be received for information.
6. New Business:
Responsibility for Cloverleafs (Interchanges) - That a resolution be sent to the MTO
in relation to jurisdiction for interchanges along P 'ovincial Highways.
Updates:
a)
Request for Sidewalks on Watson Street - Alderms, n Wayne Campbell asked for an
update in relation to a letter received from Charlethe Uhde regarding sidewalks on
Watson Street. Staff advised that the budget.~includes an allocation for new
sidewalk construction, and that in the next couple of months Mrs. Uhde will be
advised if her request for a sidewalk "made the cut" in the budget.
b)
OGRA Conference - February 1997 - That two members (Aldermen Puttick and
Alderman Hendershot be appointed to represent the City at the Ontario Good
Roads Association Conference to be held in Toronto in February.
The motion Carried with Aldermen Orr and Craitor abstaining from the vote on conflicts of
interest previously noted and with all others voting in fayour.
-5-
CD-97-03 - Chief Administrative Officer - Re: AM-7/96, Restricted Area By-law 96-242,
Chippawa West Phase 2 (Revised). The report recommends that Council reaffirm, by
resolution, its approval of By-law 96-242 and that the Clerk notify the Ontario Municipal
Board of this at the same time as he forwards the By-law and letter of objection to the
Board with the request that the Board approve of the by-law, except for those parts thereof
which reference the Neighbourhood Commercial zoning without any need for a further
hearing.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr that the
report be received and filed. The motion Carried with Alderman Fisher abstaining from
the vote on conflict of interest previously noted and with all others voting in favour.
CD-97-04 - Chief Administrative Officer - Re: Schedule of Fees. The report
recommends the following:
1 ) That Council approve the By-law appearing on tonight's Agenda.
2) Further, that Council authorizes Staff to proceed with the production of a revised
"Schedule of Fees Booklet" for publication and release to the public as allowed
under the Freedom of Information and Protection of Personal Privacy Act.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot that
the report be received and filed. The motion Carried with Alderman Susin abstaining from
the motion on a conflict of interest previously noted and with all others voting in favour.
See By-law No. 97-15
L-97-04 - Chief Administrative Officer - Re: Repeal of By-law No. 71-44, Part of
Portage Road now Oakes Drive. The report recommends that By-law No. 7144, being
a by-law to declare certain land to be part of Portage Road, be repealed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo
that the report be received and filed. Carried Unanimously.
See By-law No. 97-12
RESOLUTIONS
NO. 2 - CUMMINGS - ORR - RESOLVED that a letter of condolence be forwarded to
Katharine Ouderkirk of the Clerk's Department on the recent loss of her father, Arthur
Ouderkirk.
AND The Seal of the Corporation be hereto affixed.
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:
97-12
97-13
A by-law to repeal City of Niagara Falls By-law No. 7144 being a by-law to
declare certain land to be part of Portage Road (now Oakes Drive)
A by-law to declare part of Lots 5 and 7 Block M on Plan 999/1000, having
a frontage of 51.72 feet on Elizabeth Place, north of Morrison Street and an
irregular depth of 66.06 feet, surplus.
97-14
A by-law to authorize the conveyance of part of Lots 5 and 7 Block M on Plan
999/1000 on The Regional Municipality of Niagara for the sum of $4,300.00
plus costs.
97-15
A by-law for the establishing of fees, rates and charges regarding licences,
certificates, publications and other services for the City of Niagara Falls.
-6-
97-16
A by-law to authorize monies for General Purposes (January 20, 1997).
The motion Carried with Alderman Susin abstaining from the vote on By-law 97-15 on a
conflict of interest previously noted; Alderman Craitor and Alderman Cummings abstaining
from the vote on By-law 97-16 on conflicts of interest previously noted and with all others
voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick that the
following by-laws be now read a second and third time:
97-12
97-13
97-14
97-15
97-16
A by-law to repeal City of Niagara Falls By-law No. 7144 being a by-law to
declare certain land to be part of Portage Road (now Cakes Drive)
A by-law to declare part of Lots 5 and 7 Block M on Plan 999/1000, having
a frontage of 51.72 feet on Elizabeth Place, north of Morrison Street and an
irregular depth of 66.06 feet, surplus.
A by-law to authorize the conveyance of part of Lots 5 and 7 Block M on Plan
999/1000 on The Regional Municipality of Niagara for the sum of $4,300.00
plus costs.
A by-law for the establishing of fees, rates and charges regarding licences,
certificates, publications and other services for the City of Niagara Falls.
A by-law to authorize monies for General Purposes (January 20, 1997).
The motion Carried with Alderman Susin abstaining from the vote on By-law 97-15 on a
conflict of interest previously noted; Alderman Craitor and Alderman Cummings abstaining
from the vote on By-law 97-16 on conflicts of interest previously noted and with all others
voting in favour.
Letter of Condolence
NEW BUSINESS
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo that a
letter of condolence be forwarded to the family of the late George Kulka, a former
Councillor of the Village of Chippawa. Carried Unanimously.
Bill 99
Council asked for a report on the impact of the Social Assistance Program on the
Workmen's Compensation Act. We may have to take up the issue on Workmen's
Compensation Act in our Social Assistance Program. John O'Flynn to report to Council
at a future meeting.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Susin, that this be
referred to Staff. Carried Unanimously.
VLT Resolution
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that a
Resolution be sent to the Province opposing the extension of Video Lottery Terminals
beyond race tracks and charity casinos and is proud to become part of the movement that
says "NO" to Video Lottery Terminals in our community.
-7-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
THIRD MEETING
REGULAR COUNCIL MEETING
January 27, 1997
Council Chambers
Council met on Monday, January 27, 1997 at 7:00 p.m. for the purpose of
considering Regular Business Matters. All members of Council were present. Alderman
Shirley Fisher offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Craitor and Cummings indicated pecuniary interests on Report F-97-09,
Cheque Nos. 226835 and 226809 because members of their family are employed by the
Region.
Alderman Craitor indicated a pecuniary interest on Report F-97-09, on Cheque No.
226875 because the recipient is his employer.
Alderman Ward indicated a pecuniary interest on Report F-97-09, on Cheque No.
226792 because a member of his family is employed by the recipient and Cheque No.
226767 because he has a business interest.
PRESENTATIONS
Mr. Rick Smith, Chippawa Lions, presented a token of appreciation on behalf of
the Chippawa Lions Club to Mayor Thomson and members of Council in grateful
appreciation of their continued support of the Chippawa Lions Park Family Recreation
Facility and introduced Mr. Fred Weston, Chippawa Lions, who presented a token of
appreciation to Mr. Ken Heaslip, Parks & Recreation, in appreciation for his continued
direction and professional expertise in maintaining and operating the Chippawa Lions Park
Family Recreation Facility.
His Worship Mayor Thomson thanked Messrs. Smith and Weston for their
presentation and congratulated Mr. Heaslip on behalf of Council.
Mr. Gary Krause, Sooter's Photography, presented a framed photograph of the
Jr. B. Canucks team, the 199,5/1996 Suthedand Cup Champions to members of Council.
His Worship Mayor Thomson thanked Mr. Krause for the presentation.
COMMUNICATIONS
Communication No. 16 - Mr. Clifford C. Tuerk - Re: Disturbing noise emanating from
Post Office on Queen Street, Niagara Falls. The communication requests Council
intervention to eliminate the noise problem emanating from the Post Office on Queen
Street.
-AND -
Communication No. 17 - Canada Post, Niagara Falls Post Office.
provides a response to the noise complaint.
The communication
ORDERED on the motion of Alderman Janvary, seconded by Alderman Vo/patti, that the
matter be referred to our local M.P. Mr. Gary Pillitteri and the appropriate Ministry for
comment. Carried Unanimously.
Communication No. 18 - Community Living Niagara Falls ~ Re: Proclamation. The
communication requests Council proclaim the week of July 6 to 12, 1997 as "Community
Living Week".
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that
the request be approved subject to established policy. Carried Unanimously.
Communication No. 19 - Canadian Bottle Recyclers Inc. - Re: Deposit/Refund System
for L CBO Containers. The communication requests Council support for a proposal that will
have a positive impact on municipal waste management programs.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
request be supported. Carried Unanimously.
REPORTS
MW-97-07- Chief Administrative Officer- Re: Fleet Management Software. The report
recommends that the proposal from Consolidated Service Corporation for a fleet
management software package in the amount of $19,830 (not including taxes) be
accepted.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
MW-97-11 - Chief Administrative Officer - Re: Establishment of Road Widenings as
a Public Highway: 1. McLeod Road - Part 4 on Ref. Plan 59R-7372; 2. Kalar Road -
Part I on Ref. Plan 59R-7879. The report recommends the following:
That a road widening described as part 4 on Reference Plan 59R-7372, be
established as part of a public highway, to be known as McLeod Road;
2. That the road widening described as part I on Reference Plan 59R-7879, be
established as part of a public highway, to be known as Kalar Road.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the
report be received and adopted. Carried Unanimously.
See By-law No. 9 7-19
See By-law No. 97-20
MW-97-13 - Chief Administrative Officer- Re: Recommendations from Parking and
Traffic Committee Meeting of January 21, 1997. The report recommends the following:
1. Municipal Parking Lot #18 - Kitchener Street - that a~ construction costs for the
construction of Municipal Parking Lot #18 (Kitchener Street) be taken from the Parking
Fund Reserves rather than being Debentured;
2. Ontario Realty Corporation (ORC) Request for Leased Parking - that 1) the ORC°s
request to lease a total of twenty-five (25) parking spaces for a period of ten (1 O) years in
Municipal Parking lot nos. 3 and/lO, be granted; and 2) the fee (currently
$20. O0/space/month), which is subject to change, will be the same as charged to other
monthly permit holders within these two parking lots, as adopted by Council;
3. MW-97-01 - Casey St. at Olden Ave. - All way Stop Request - that 1) an all way stop
be installed at the intersection of Casey St. and Olden Ave.; 2) that the Niagara
Regional Police be requested to regularly monitor motorists' compliance with the
stop sign at the north approach of olden Ave., at Casey St.; 3) that 1) parking be
restricted to residential permit holders only, on the west side of Ontario Ave. from
Eastwood Crescent to Otter SL, 2) that parking be restricted to permit holders only,
on the east side of Ontario Ave. from Otter Street to a point 90m south of Otter St.,;
3) that two-hour parking be permitted on the east side of Ontario Ave. from a point
35m north of Eastwood Crescent to a point 90m south of Otter Street; 4) that
parking be prohibited on the east side of Ontario Ave. from Eastwood Crescent to
a point 35m north of Eastwood Crescent; 5) that comer restrictions be installed on
all approaches to the intersections of Ontario Avenue at Eastwood Crescent and
Ontario Avenue at Otter Street.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the
report be received and adopted and further that the Manager of Parking and Traffic be
requested to attend a future Council meeting to discuss the issue of Handicap Parking
Signs. Carried Unanimously.
See By-law No. 97-21
See By-law No. 97-22
See By-law No. 97-23
R-97-04 - Chief Administrative Officer- Re: Actions Stemming from the
Environmental Planning & Greening Committee of January 15, 1997. The report
recommends that Council endorse the actions of the January 15, 1997 meeting of the
Environmental Planning & Greening Committee.
ORDERED on the motion of Alderfiian Janvary, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
R-97-05 - Chief Administrative Officer - Re: Day of Mourning Memorial at F. H. Leslie
Park. The report recommends that the City of Niagara Falls install a Day of Mourning
Memorial in F.H. Leslie Community Park as endorsed by the Niagara Peninsula Labour
Council and the Niagara District Injured Workers National Day of Mourning Committee at
no cost to the City.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
PD-97-01 - Chief Administrative OfFicer - Proposed Tourist Area Development
Strategy Study. The report recommends that Council commission the hiring of
consultants for the preparation of a Tourist Area Development Strategy at a cost not to
exceed $135,000.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the
report be received and adopted. The motion Carried with Alderman Orr abstaining from
the vote on a conflict of interest because she is employed by the Casino.
PD-97-09 - Chief Administrative Officer- Proposed Plan of Subdivision, 26T-96007,
Willick Road Estates; Southeast comer of Willick and Ort Roads, Ruth D. Taylor. The
report recommends the following:
That the Willick Road Estates Plan of Subdivision be approved subject to the
conditions attached in Appendix 1;
2. That a copy of this report be sent to the Region as the City's comments on the
subdivision.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Susin, that the
report be received and adopted. Carried Unanimously.
PD-97-10 - Chief Administrative Officer - Request for Extension to Draft Plan
Approval, Grand-View River Estates, 26T-89022. 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 of Subdivision be adopted conditional on the
applicant submitting a photograph to the Region showing the appropriate
subdivision sign on the property that complies with Municipal and Regional
requirements;
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 Volpatti, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 06
PD-97-fl - Chief Administrative Officer - Re: Application for Amendment to
Certificate of Approval, Waste Disposal Site (Transfer), Regional Municipality of
Niagara, North side of Chippawa Creek Road, East of Garner Road. The report
recommends the following:
That Council offer no objection to the application to amend the Certificate of
Approval for a Waste Disposal Site (Transfer) conditional on the bio-solids storage
requirements of the Region of Niagara taking priority over other jurisdictions;
2. That a copy of this report be forwarded to the Ministry of Environment and Energy.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
matter be deferred for Regional input. Carfled Unanimously.
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
the actions taken on the following matters by Corporate Services Committee, earlier this
evening be approved:
1. Adoption of the January 13, 1997 Corporate Services Committee minutes;
2. MW-9 7-12 - 1997 Parking Budget- that Council approve the 1997 Parking Budget;
F-97-04 - Interim Levy of Realty Taxes - that Council approve the by-law that
provides for a 1997 interim tax levy of realty taxes;
F-97-05 - Quotation for Water Service Fittings and Water Meters - that Council
award the quotations for water service fittings and water metere for 1997-1998 to
Emco Supply, St. Catharines; Canada Valve, Hamilton; Evans Utility and Municipal
Products Supply, London; and Ontario Water Products, Stoney Creek;
F-97-06 - Street Light Poles - that Council award the quotation for street light poles
to Stress Crete, Burlington, for 1997-1998;
F-97-08 -Borrowing By-law- that Council approve the borrowing of $23,000, 000 for
current expenditures for the year 1997;
F-97-09 - Municipal Accounts - that the Municipal Accounts totalling $1,521,400.66
for the period ending January 27, 1997, be approved;
F-97-10 - Treasurer's Write-Off- that Council approve removal from the City's
accounts of the business tax accounts detailed in Report F-97-1 O;
F-97-11 - Tax Balances at December 31, 1996 - that Report F-97-11 - Tax
balances at December 31, 1996, be received for information;
10.
F-97-14 - 1997 Budget Revenue Shortfall - that Report F-97-14 - 1997 Budget
Revenue Shortfall be received for information;
11.
HR-97-01 - Group Auto and Home Insurance - that staff be directed to request
proposals through advertisement in the Niagara Falls Review regarding a Group
Auto and Home Insurance Program;
12.
CA0-97-01 - that Report CA0-97-01 detailing the Provincial funding Realignment
Impact and Ad Hoc Committee for Review of Municipal Services be received for
information and that staff formulate an appropriate response to the Province on the
proposed changes;
13. New Business:
That staff investigate the concerns of Willoughby property owner, J. Susin in
respect to an obstructed stream - Alderman Fermino Susin indicated a
conflict of interest as he is related to the owner;
14.
That Council approve an extension agreement for 4280 Fourth Avenue - A/det?~an
Judy Orr indicated a conflict of interest because a member of her family has an
interest.
The motion Carried with Aldermen Craitor, Cummings and Ward abstaining from the vote
on Report F-97-09 on conflicts of interest previously noted; Alderman Fisher indicated a
pecuniary interest on Report F-9 7-1 O, accounts numbers 410077 and 385543 because she
had a personal interest; Alderman Susin abstained from the vote on the New Business item
dealing with the concerns of property owner J. Susin, as he is related to the owner; and
Alderman Orr abstained from the vote on a conflict of interest on the item dealing with an
extension agreement because a member of her family has an interest.
See By-law No. 97-25
See By-law No. 97-26
See by-law No. 97-27
CD-97-05 - Chief Administrative Officer - Re: Special Occasion Permit, Stamford
Skating Club. 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 Creitor, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
L-97-02 - Chief Administrative Officer - Re: Release of Conditional Permit Agreement
Orchard Grove Motel Limited; East side of Kalar Road, North of Lundy's Lane, Parts
1, 2 and 3 on Reference Plan 59R-9300. The report recommends that Council release
Orchard Grove Motel Limited from a conditional permit Agreement registered on title to the
property, described as parts 1, 2 and 3 on Reference Plan 59R-9300, and that the Mayor
and Clerk be authorized to execute any documents necessary for the purpose of releasing
the parties and terminating the said agreement.
ORDERED on the motion of Alderman Creitor, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously
See By-law No. 97-17
L-97-05 - Chief Administrative Officer- Re: Racey Agreement with the City, Building
Permit - Testamentary Devise, Detenbeck Road. The report recommends that Council
authorize the execution by the Mayor and Clerk of an Agreement dated January 13, 1997
between Michael Racey and Bridget Racey and the City regarding application for a
Building Permit.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
report be received and adopted. The motion Carried with Alderman Pietrangelo abstaining
from the vote on a conflict of interest because members of his family are involved in similar
circumstances.
See By-law No. 97-18
RESOLUTIONS
NO. 05 - FISHER - HENDERSHOT- WHEREAS the protection, preservation and
promotion of our built, natural and cultural heritage is recognized as contributing to the
enrichment of the community, the Council of the Corporation of the City of Niagara Falls
hereby proclaims February 16 - 22, 1997 as "HERITAGE WEEKS' All citizens are
encouraged to celebrate the history and heritage of our community through cultural
exchange, programs, projects and visits to historic sites, exhibits and commemorative
events. You are hereby invited to participate in events that will assist in the enrichment
and development of our understanding of our origins and history of our community and
create a common identity. This year's theme is "DESTINATION NIAGARA FALLS':
Various exhibits, speakers and Film screenings are planned to allow everyone to
experience the rich and vibrant history connected with the heritage of the City of Niagara
Falls.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 06 - CUMMINGS - VOLPA TTI - RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby supports a one-year extension for the Grand View River
Estates Plan of Subdivision and that the Regional Municipality of Niagara be so informed;
conditional on the applicant submitting a photograph to the Region showing the appropriate
subdivision sign that complies with Municipal and Regional requirements.
AND the Seal of the Corporation be herato affixed.
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:
97-17
A by-law to authorize the execution of an agreement with Orchard Grove
Motel Limited for the purpose of releasing Orchard Grove Motel Limited from
the terms and conditions of an agreement dated June 3, 1996.
97-18
A by-law to authorize the execution of an agreement with Michael Racey and
Bridget Racey as a condition of building permit application.
97-19
A by-law to establish Part 4 on Reference Plan 59R-7372 as a public
highway, to be known as and to form part of McLeod Road.
97-20
A by-law to establish Part 1 on Reference Plan 59R-7879 as a public
highway, to be known as and to form part of Kalar Road.
97-21 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Stop Signs, Through Highways)
97-22 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking)
97-23 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking, Stopping, Taxi Cab Stands)
97-24 A by-law to provide an interim levy of realty taxes.
97-25 A by-law to authorize the borrowing for current expenditures.
97-26 A by-law to authorize monies for General Purposes (January 27, 1997).
97-27 A by-law to authorize the execution of an extension agreement with
Dekhockey Centres International Inc.
The motion Carried with Aldermen Craftor, Cummings and Ward abstaining from the vote
on By-law No. 97-26 on conflicts of interest previously noted; Alderman Orr abstaining from
the vote on By-law No. 97-27 on a conflict of interest previously noted; Alderman
Pietrangelo abstaining from the vote on By-law No. 97-18 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:
97-17 A by-law to authorize the execution of an agreement with Orchard Grove
Motel Limited for the purpose of releasing Orchard Grove Motel Limited from
the terms and conditions of an agreement dated June 3, ~996.
97-18 A by-law to authorize the execution of an agreement with Michael Racey and
Bridget Racey as a condition of building permit application.
97-19 A by-law to establish Part 4 on Reference Plan 59R-7372 as a public
highway, to be known as and to form part of McLeod Road.
97-20 A by-law to establish Part ~ on Reference Plan 59R-7879 as a public
highway, to be known as and to form part of Kalar Road.
97-21 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Stop Signs, Through Highways)
97-22 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking)
97-23 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking, Stopping, Taxi Cab Stands)
97-24 A by-law to provide an interim levy of realty taxes.
97-25 A by-law to authorize the borrowing for current expenditures.
97-26 A by-law to authorize monies for General Purposes (January 27, 1997).
- 8 -
97-27
A by-law to authorize the execution of an extension agreement with
Dekhockey Centres Intemational Inc.
The motion Carried with Aldermen Craitor, Cummings and Ward abstaining from the vote
on By-law No. 97-26 on conflicts of interest previously noted; Alderman Orr abstaining from
the vote on By-law No. 97-27 on a conflict of interest previously noted; Alderman
Pietrangelo abstaining from the vote on By-law No. 97-18 on a conflict of interest
previously noted and with all others voting in favour.
NEW BUSINESS
1997 Miss Teen Niagara Pageant
Alderman Pat Cummings referred to the recent well-attended Miss Teen Niagara
Pageant and informed that the 1997 Miss Teen Niagara was Miss Mary Kathryn Perrone;
First Runner Up - Miss Amy Dohan; Second Runner Up - Miss Melissa Massi and
requested that a letter of congratulations be forwarded to the winners and that a letter of
thanks be forwarded to Mrs. Christine Ella for all her efforts.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that a
letter of congratulations and thanks be forwarded to the winners of the 1997 Miss Teen
Niagara Pageant and to Mrs. Christine Ella for all her efforts. Carried Unanimously.
Helicopters
Aldetiiian Gary Hendershot referred to an article in the Buffalo News regarding a
Youngstown, New York company seeking a permit for a new helicopter operation on
Grand Island, New York for the purpose of running scenic flights over Niagara Falls.
ORDERED on the motion of Alderman Hendershot, seconded by AIderman Pietrangelo,
that a letter be forwarded to the Federal government, the Ministry of Transporation
expressing Councfl's concerns of helicopters flying over Niagara Falls. Carried
Unanimously.
Aldermanic Requests for financial information Po~cy
Alderman Norm Puttick referred to correspondence regarding Aldermanic requests
for financial information.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the
policy be received and filed. The motion Carried with Alderman Susin voting contrary to
the motion and with all others voting in favour.
Severance Pay
Alderman Norm Puttick referred to an article in the Toronto Star with respect to
municipalities receiving severance pay. He requested that a letter be forwarded to the
Toronto Star indicating there are no severance allowances for Municipal and Regional
councils. Carried Unanimously.
Illegal Garage Operation
Alderman Wayne Campbell referred to an illegal operation of a garage at 6355
Barker Street and presented a petition by area residents requesting action by the City.
ORDERED on the motion of Alderfiian Campbell, seconded by Alderman Craitor, that staff
be requested to investigate and report on the matter. Carried Unanimously.
Boys and Girls Club Triatholon
Alderman Victor Pietrangelo provided information on the upcoming Boys and Girls
Club Trlatholon '97 on Saturday, February 8, 1997 and extended an invitation to members
of Council to participate or lend their support in the event.
Chamber of Commerce
Alderman Craitor provided an update on the Chamber of Commerce.
Train Whistling
Alderman Judy Orr requested further information on the issue of Train Whistling on
Bender Hill and the Director of Municipal Works provided the information.
Worm Farm
Alderfiian Shirley Fisher expressed disappointment in the lack of Regional support
on the "worm farm" issue.
Conditions in Council Chambers
Alderman Selina Volpatti expressed concems over the condition of some of the
fixtures in Council Chambere and requested that the curtains be cleaned or replaced and
that staff investigate the improvement of the atmosphere in Chambers.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the curtains in Council Chambers be either cleaned or replaced and that staff investigate
the improvement of the atmosphere in Chambers. Carried Unanimously.
Special Olympics
Mayor Thomson referred to the arrival of a Special Olympics team from Italy that
would be touring Niagare Falls with a fundraising event being held on Thursday, January
30, 1997 at Club Italia and invited members of Council to attend.
10 -
Casino Issue
His Worship Mayor Thomson provided clarification with respect to job offers with
the Casino Corporation and advised that he has neither been offered nor has he accepted
any job offers with the Casino Corporation and further that neither he or his wife or anyone
in his family have any business involvement with the stores or any activity at the Casino.
Alderman Norm Puttick advised that he also wished to clarify that he has no
involvement with the bus company or the Casino.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot
that the meeting adjoum. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
FOURTH MEETING
REGULAR COUNCIL MEETING
Council Chambers
February 3, 1997
Council met on Monday, February 3, 1997 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 due to illness, were present. Alderman Selina Volpatti
offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Susin requested that the Minutes of January 20, 1997 be amended to
reflect his conflict of interest on Report CD-97-04.
Alderman Creitor requested that the Minutes of January 20, 1997 be amended to
indicate that his conflict of interest on Cheque No. 226661 was because he sits on the
Board of Directors of the Niagara Falls Minor Hockey Jr. B Club; and to indicate his conflict
of interest on Cheque Nos. 226604 and 226704 was because a member of his family is
employed by the Region.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
Minutes of the Regular Meeting of January 20, 1997 be adopted as amended; and that the
Minutes of the Regular Meeting of January 27, 1997 be adopted as printed. Carfled
Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Cummings and Craitor indicated pecuniary interests on Report F-97-15,
Cheque Nos. 227050 and M91754 because members of their family are employed by the
Region.
Alderman Creitor indicated a pecuniary interest on Report F-97-15, Cheque No.
226961, because a member of his family is employed by the recipient; and on Cheque No.
227026 because he sits on the Board of Directors of the Niagara Falls Minor Hockey Jr.
B Club.
Aldermen Campbell, Janvary and Pietrengelo indicated pecuniary interests on
Report F-97-15, Cheque No. 227016 because they are employed by the School Board.
Alderman Susin indicated a pecuniary interest on Report F-97-15 on Cheque No.
227040, because members of his family are volunteer firefighters; and Cheque No.
M91778, Arthur Street Reconstruction because a member of his family resides in the area;
and indicated a pecuniary interest on Communication No. 22 because a member of his
family is involved.
Alderman Ward indicated a pecuniary interest on Report F-97-15, Cheque No.
226962 because a member of his family is employed by the recipient; and on Report PD-
97-12 because he has a contract with the Casino.
- 2 -
PRESENTATIONS
City Float Theme Competition
His Worship Mayor Thomson and Alderman Paisley Janvary, Chair, Civic
Committee presented certificates in recognition of the winning designs in the City Float
Theme competition to Stamford Collegiate students, Sean Keep and Lisa Mellor for the
Vtrlnning Design; to the Second Place Winner Trissia Mellor; and to Mr. Joe Colletto,
teacher who excepted on behalf of the Third Place Winners Jocelyn McGerry and
Bethany Foster.
His Worship Mayor Thomson thanked and congratulated Alderman Janvary and the
Civic Committee and all those involved for their endeavours.
Niagara Falls Boys and Girls Club
Linda Anderson, Niagara Falls Boys and Girls Club, introduced Linda Gartner
and James Gizzie, who presented a token of appreciation to Alderman Pat Cummings,
who accepted on behalf of the Stamford Volunteer Firemen's Association for supporting
the Youth of Niagara Falls through the building compaign. Alderman Cummings issued a
challenge to other organizations for donations to the Niagara Falls Boys and Girls Club
building fund.
DEPUTATIONS
Niagara Black History Association
Mr. Donald Thomas, President, Niagara Black History Association addressed
Council seeking approval for a proposal to erect signs, symbolic of early Freedom Seekers
who came to the Niagara Region via the Underground Railroad, along appropriate
roadways leading to the historic British Methodist Episcopal Church on Peer Street, which
has become an integral part of the Niagara Underground Railroad and the Niagara
Freedom Trail. ;
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that
the request to erect signage along appropriate roadways be approved. Carried
Unanimously.
Regional Tree By-law
Mr. Bill Smeaton, Regional Councilor discussed the drafting of a Regional tree
by-law along with the active participation of local municipalities for tree preservation,
conservation and protection along highways and roadways; referred to the Region
proposing to develop a model tree conservation by-law that could be adopted by the
municipalities to complement the Regional by-law. He advised that the Regional by-law
does not prohibit tree cutting, that it provides a control for the clearing of woodlots and
promotes good forestry practices; and referred to the provision of local involvement through
the creation of a Tree By-law Advisory Committee.
Mr. Smeaton introduced Mr. Cotwin Cambray, Manager, Regional Policy
Planning who indicated that the Regional by-law was before the appropriate Ministry for
signing; discussed the formation of a Tree By-law Advisory Committee and the
appointment of a non-elected representative from the municipality to the committee.
Messrs. Smeaton and Cambray thanked members for the opportunity to address
Council on the matter.
COMMUNICATIONS
Communication No. 20a) Ameri-Cana Resort - Re: Proclamation. The communication
requests that Council proclaim February 28 to March 2, 1997 as "Niagara Falls Lightning
International Gymnastics Weekend";
Communication No. 20b) Professional Engineers of Ontario (PEO), Niagara Chapter-
Re: Proclamation. The communication requests that Council proclaim the week of March
I - 9, 1997 as "National Engineering Week 1997";
Communication No. 20c) The Royal Canadian Naval Association, Niagara Region -
Re: Proclamation. The communication requests that Council proclaim the week of May
5 to May, 1997 as "Battle of the Atlantic Week"and requesting authorization to conduct a
Flag Raising Ceremony on Monday, May 5, 1997 at 9:30 in front of City Hall;
Communication No. 20d) Shriners of the Region - Re: Proclamation. The
communication requests that Council proclaim the week of June 2, 1997 to June 8, 1997
as "Shrine Week" and requesting a Flag Raising on June 6, 1997 at 4 p.m. in front of City
Hall.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
that requests 20a); 20b)~' 20c) and 20d) be supported subject to established policy. Carried
Unanimously.
Communication No. 21 - The Royal Canadian Legion, Niagara Falls, Ont. No. 51
Branch - Re: 60th Annual Pilgrimage of the 40 and 8. The communication requests
permission for a motorcade to proceed from the Canadian end of the Rainbow Bridge to
the Cenotaph for service on May 17, 1997 at 2:00 p.m. and then to Clifton Hill to Valley
Way, Branch 51 Clubhouse.
ORDERED on the motion of AIderii~an Volpatti, seconded by Alderman Pietrangelo, that
the request be approved subject to established policy. Carried Unanimously.
Communication No. 22 - Ministry of Environment and Energy, West Central Region -
Re: Application for Waste Disposal Site (Processing) Enviro-Ganics Ecological Systems
Inc. The communication provides information with respect to Council's request for a
discretionary public hearing.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that
Council reconflrm their request for a Public Hearing before the Environmental Assessment
Board. The motion Carried with Alderman Susin abstaining from the vote on a conflict of
interest previously noted and with all others voting in favour.
Communication No. 23 - Town of Georgina, Office of the Clerk - Re: Provincial Sales
Taxes and Reduction of Provincial transfers. The communication requests that Council
endorse a resolution to the Province advising that the Town of Georgina does not support
any reduction of Provincial transfers below the amount of provincial sales taxes paid to the
province and that should the province desire to reduce transfers to municipalities, that the
province.concurrently exempt municipalities from paying provincial sales taxes on products
and services.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the
request be supported. Carried Unanimously.
Communication No. 24a) Greater Niagara General Hospital- Re: Hospital Restructuring
Steering Committee. The communication provides information on the decision with
respect to the draft report of the Hospital Restructuring Steering Committee
ORDERED on the motion of Alderman Volpatti, seconded by AIderman Fisher, that the
matter be referred to staff for evaluation. Carried Unanimously.
- AND -
Communication No, 24b) City of Port Colborne - Re: Hospital Restructuring. The
communication advises that the Port Colbome City Council endorsed the resolution of the
City of St. Catharines respecting Hospital Restructuring.
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. 25 Association of Municipalities of Ontario (AMO) - Re:
Downloading of responsibilities - requesting Council support a resolution advising the
Province that the downloading of responsibility for funding social services, health services
and provincial housing is completely unacceptable; advising the Province that AMO would
support the reconsideration of the "Who Does What" paners's final recommendation
respecting the funding of social services and education; conveying to the Minister that
municipalities are not prepared to accept changes that will undermine local government
and that AMO request a meeting with the Premier, the Minister of Finance and affected
Ministers to discuss these matters directly.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that
Council supports the position of the Association of Municipalities of Ontario (AMO) and
endorses their resolution. Carried Unanimously.
REPORTS
RA TIFICA TION OF COMMUNITY SERVICES ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded ~y Alderman Cummings,
that the actions taken on the following matters by the Community Services Committee,
earlier this evening be approved:
1. Adoption of the January 20, 1997 Community Services Committee Minutes;
Niagara Transit - Tour of Operations - that information be received on services
provided by the Transit Commission and intended future direction for the
Commission. Infon,ation referred to staff for conside~tion -.Aldermen Orr and
Ward declared conflicts of interest;
PD-97-11 - Certificate of Approval Amendment for Region's Sludge Site on
Chippawa Creek Road - that the MOEE be advised tha~" Council has no objections
to the application to amend the Certificate of Approval for the Region's bio-solids
storage site on Chippawa Creek Road for f996/1997 only; Opposed: Alderman
Craitor;
MW-97-17- Installation of Private Fibre-Optics Cable between the Interim Casino
and the Ministry Building - that approval be granted to the request from Casino
Niagara to install a fibre-optics cable within the City's road allowance between the
Interim Casino and their new offices in the Ministry Building Ibeside City Hall)
| TT
- 5 -
- Alderman Orr conflict of interest because she is employed by the Casino;
Alderman Ward declared a conflict of interest;
That information be received on the drainage problem on Baker Road; and that the
City be kept abreast of the situation - Alderman Susin conflict of interest because
a member of his family is involved;
6. New Business:
That a letter be sent to Canada Post regarding location of mailbox on Gal/inger
Street with a request for relocation;
MW-97-15 - Commercial Inspector - that the term of employment of the temporary
Building Inspector 3 be extended by four months;
Flooding Claim - Willshire Boulevard - that authorization be given for payment of
c/aim in the amount of $1,930.00 to Mr. Lyle Booth for flooding which occurred on
Wiltshire Boulevard on December 24, 1996.
The motion Carried with Aldermen Orr and Ward abstaining from the vote on the Niagara
Transit matter; Alderman Craitor voting contrary to the motion on Report PD-97-11;
Aldermen Orr and Ward abstaining from Report MW-97-17 on conflicts of interest
previously noted and Alderman Susin abstaining from the vote on the drainage problem
on Baker Road on a conflict of interest previously noted and with all others voting in favour.
Vincor Application
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that staff and the developer work out a satisfactory agreement to clear the conditions of the
severance and that staff then issue a Letter of Clearance and if required, that a special
meeting of Council be held. The motion Carried with Alderman Orr abstaining from the
vote on a conflict of interest because her employer has an objection and with all others
voting in favour.
R-97-06 - Chair, Civic Committee - Re: Civic Committee Activities. The report
recommends the following:
That surplus money ($1,900) from the 1996 Santa Claus parade be transferred to
a Special purpose Reserve for use in the 1997 Santa Clause Parade;
That the Civic Committee continue their involvement in the co-ordination of the 1997
Santa Clause Parade;
3. That the Civic Committee take over the responsibilities of the City Float;
That the winners of the new City Float design, from Stamford Collegiate, be
recognized by City. Council;
That the "old" City Float flatbed be retrortted for a portable stage, with construction
taking place in-house;
6. That the portable stage be financed through a fundraising campaign to service
clubs, business associations, and local businesses.
ORDERED on the motion of Alderman Janvary, seconded by Aldefiiian Pietrangelo , that
the report be received and adopted. Carried Unanimously.
-6 ~
F-97-15 - Chief Administrative Officer- Re: Municipal Accounts. The report
recommends that Council approve the accounts totalling $1,876,071.23 for the period
ending February 3, 1997.
ORDERED on the motion of Alderman Susin, seconded by Alderman Orr, that Cheque No.
226998, be deferred for further information. The motion was Defeated with the following
vote:
AYE: Aldermen Campbell, Cummings, Janvary, Orr and Susin.
NA YE: Aldermen Craitor, Fisher, Hendershot, Pietrangelo, Volpatti and Ward.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti , that
the report be received and adopted. The motion Carried with Aldermen Creitor,
Cummings, Campbell, Janvary, Pietrengelo, Susin and Ward abstaining from the vote on
conflicts of interest previously noted and with all others voting in favour.
See By-law No, 97-29
F-97-16 - Chief Administrative Officer- Re: Collection Practices. The report
recommends that the report be for the information of Council.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that
the report be received and f'ded for the information of Council. Carried Unanimously
HR-97-02 - Chief Administrative Officer- Re: Workers' Compensation Reform Act,
1996 - Bill 99. The report advises that the report to Council summarizes the changes to
current Workers' Compensation legislation.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and filed for the information of Council. The motion Carried with
Alderman Creitor voting contrary to the motion and with all others voting in favour.
The following Report was deferred.
PD-97-12 - Chief Administrative Officer - Re: Site SpeciFic Site Plan Control By-law;
SPC- 10/96, Casino Satellite Parking area, Kitchener Street West of the Ontario Hydro
Corridor. The report recommends that Council pass the site specific Site Plan Control By-
law for the Casino Satellite Parking area on the north side of Kitchener Street, west of the
Ontario Hydro Corridor.
B Y-LA WS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot,
that leave be granted to introduce the following by-law and the by-law be read a first time:
97-29
A by-law to authorize monies for General Purposes (February 3, 1997)
The motion Carried with Aldermen Creitor, Cummings, Campbell, Janvary, Pietrengelo,
Susin and Ward abstaining from the vote on conflicts of interest previously noted and with
all others voting in favour.
ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Fisher, that the
following by-law, be now read a second and third time:
97-29
A by-law to authorize monies for General Purposes (February 3, 1997)
The motion Carried with Aldermen Craitor, Cummings, Campbell, Janvary, Pietrangelo,
Susin and Ward abstaining from the vote on conflicts of interest previously noted and with
all others voting in favour.
NEW BUSINESS
Parking at Firehall Theatre
Alderman Paisley Janvary referred to concems expressed regarding the availability
of parking during the performances at the Firehall Theatre and requested that staff look
into the matter.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Volpatti, that the
matter be referred to staff and that a report be brought back to Council. Carried
Unanimously.
Letter of Condolence
ORDERED on the motion of Alderman Volpatti, seconded by AIderman Pietrangelo, that
a letter of condolence be forwarded to the family of the late Camille Sarah Rachello.
Carried Unanimously.
Truck traffic on Dorchester/McLeod Road
Alderman Creitor referred to concems expressed regarding trucks travelling at high
speeds in the Dorchester/McLeod Road area.
ORDERED on the motion of Alderman Creitor, seconded by Alderman Campbell, that
companies advise their truck drivers to take into consideration that they are travelling in
a residential area and to drive accordingly. Carried Unanimously.
Industrial Trade Fair/Chamber of Commerce
His Worship Mayor Thomson reminded members of Council of the Chamber of
Commerce's invitation to the Industrial Trade Fair at the Old Vincor Cellars on Wednesday,
February 5, 1997 at 4:30 p.m.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
that the meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
FIFTH MEETING
SPECIAL COUNCIL MEETING
Council Chambers
February 6, 1997
Council met on Thursday, February 6, 1997 at 4:30 p.m. in a Special meeting for
the purpose of addressing the clearance of the Land Division Committee conditions on the
Vincor severance. All members of Council, with the exception of Aldermen Orr and Volpatti,
were present.
Following some discussion, it was ORDERED on the motion of Alderman
Cummings, seconded by AIderman Craitor, that Alderman Gary Hendershot, take the Chair
during the absence of His Worship Mayor Thomson. Carried Unanimously.
In his opening remarks, the City Solicitor provided a brief summary of events with
respect to the Vincor, Leabracore and Loblaws application and advised that Council, at
an earlier meeting had directed that staff and the developer work out a satisfactory
agreement to clear the conditions of the severance and that staff then issue a Letter of
Clearance, and if required, that a special meeting of Council be held. He stated that the
purpose of this meeting was to address the issue of clearance of the Land Division
Committee conditions of consent to the Vincor severance, as all conditions had to be
fulrdled by February 7, 1997. He indicated that Mr. Steven Zakem, Solicitor and Mr. Alex
Speigel, Project Manager were in attendance on behalf of the applicants.
The City Solicitor reviewed the conditions of consent for Council consideration: 1)
that all buildings on the subject property be demolished; 2) that the City be satisfied that
the former use of the land as an industrial site, would not pose a potential health or
environmental hazard; 3) that the existing PCB storage facility be removed in accordance
with the Ministry of Environment and Energy (MOEE) regulations; 4) and that a
development agreement be entered into with the City of Niagara Falls.
The City Solicitor advised there were 4 levels of security in descending order: 1) that
all conditions are cleared; 2) that there be a Development Agreement with Letters of Credit;
3) that there be a Development Agreement with no Letters of Credit; 4) or there be an
Undertaking with no Letters of Credit.
The City Solicitor expressed concems regarding the potential health and
environmental hazards with respect to the former land use and of Council's obligation in
safeguarding the community in such instances, and advised that staff was strongly
recommending that the City enter into a development agreement with the developer along
with the provision of Letters of Credit to satisfy any financial obligations, should the
developer not complete the conditions.
The following issues and concerns were discussed: the cost of demolition of the
buildings on site; the cost of soil and asbestos cleanup; Councll's acceptance and
clearance of land division conditions; and the cost of the Letters of Credit.
It was indicated that the cost could be approximately $1,000 a month or $10,000 -
$13, 000 per year to buy the Letters of Credit.
The City Solicitor advised that Council had the right to c/ear the land conditions but
staffs recommendations were to have an agreement with financial guarantees.
Alderman Gary Hendershot relinquished the Chair, following the return of His
Worship Mayor Thomson to Council Chambers.
Mr. Rick Wilson, Planner, advised that as per an Environmental study conducted
by Tro Consulting Engineers Ltd., in 1995, the estimated cost of soil cleanup would be
approximately $77,000, and the estimated asbestos cleanup would be approximately
$62,000. He further advised that the Ministry of the Environment was satisfied that the site
was clean of any PCB's.
The City Solicitor commented that adding to the $1.3 million for demolition costs,
there would be the cost of $77,000 for soil cleanup as there were very toxic chemicals in
the area.
Mr. Steven Zakem indicated that the Ministry of the Environment and Energy
(MOEE) was completely signed off on the conditions and that the building was free of
PCB's. He stated that the issue before Council was one of ownership and that of a
sequence of events. Mr. Zakem advised that the property was Vincor-owned and that the
ownership of the property had not yet changed, that the transaction was scheduled to close
in March, 1997. Mr. Zakem requested Council's consideration not to require Letters of
Credit until the ownership of the property was changed.
Concems were expressed regarding transferring responsibility of Letters of Credit.
Mr. Zakem advised that all the buildings were to be demolished at once, with the
exception of a small parcel of land near the railroad tracks.
Alderman B~ce Wa~ left me meeting.
During the discussion, the City Solicitor expressed concerns with respect to the 3
new parcels of land being created without financial guarantees in place, particularly since
the new lot line cuts through the old winery building.
Following some discussion, it was ORDERED on the motion of Aldermen Campbell,
seconded by Alde~i~an Puttick, that Council proceed with a Letter of Credit at $1.3 million
and that staff proceed accordingly.
The motion was Defeated with Aldermen Cummings, Craitor, Fisher, Hendershot,
Janvary and Pietrangelo and Susin, voting contrary to the motion and with Aldermen
Campbell, and Puttick voting in favour.
IT
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hendershot, that the development proceed without a Letter of Credit. The motion Carried
with Aldermen Cummings, Craitor, Fisher, Hendershot, Janvary, Pietrangelo and Susin
voting in favour and with Aldermen Campbell and Puttick voting contrary to the motion.
There being no further business, it was ORDERED on the motion of Alderman
Janvary, seconded by Alderman Susin, that the meeting be adjourned. Carried
Unanimously.
READ AND ADOPTED,
SIXTH MEETING
PLANNING MEETING
Council Chambers
February 10, 1997
Counc~ met on Monday, February 10, 1997 at 7:00 p.m. for the purpose of
considering Planning and Regular Business Matters. A~ members of Council, with the
exception of Alderman Volpatti, who was absent due to illness, were present. Alderman
Victor Pietrangelo offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Orr,
that the Minutes of February 3, 1997 be adopted as printed. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Cummings and Creitor indicated pecuniary interests on Report F-97-18,
Cheque No. 227201 because members of their family are employed by the recipient.
Alderman Cummings indicated a pecuniary interest on Report F-97-18, Cheque No.
227122 because he is a member of the Stamford Centre Volunteer Fire Association.
Aldermen Campbell, Janvary and Pietrengelo indicated pecuniary interests on
Communication No. 27 because they are employed by the School Board.
Alderman Orr indicated a pecuniary interest on Report F-97-18, Cheque No.
227219 and 227102 because the recipients have an association with her employer,' and
indicated a pecuniary interest on Report F-97-17 with respect to the portion dealing with
the Casino; and indicated a pecuniary interest on Report MW-97-19 and By-law No. 97-33
because she is employed by the Casino.
Alde~ii~an Susin indicated a conflict of interest on By-law No. 97-38, and on Report
PD-97-15, because he holds the mortgage in the area that pertains to the OPA No. 17.
Alderman Ward indicated a pecuniary interest on Report F-97-18, Cheque No.
227118 because he is a member of the Chippawa Lions Club; and indicated a pecuniary
interest on Report PD-97-16, only because he has a business relationship with the
proponent.
Heritage Week Niagara
Mr. Bob Cormier, Town Crier, announced that the week of February 16 to
February 22, 1997 was proclaimed "Heritage Week" in Niagara Falls.
Mr. Sherman Zavitz, City Official Historian stated that the theme for Heritage
Week was "Destination Niagara" and provided information on the scheduled events and
the series of exhibits that would be shown during the week.
His Worship Mayor Thomson thanked Mr. Cormier and Mr. Zavitz, on behalf of the
City for their presentations and thanked everyone for the efforts they had put forth on the
upcoming programs; and encouraged everyone in the community to attend the events.
DEPUTATIONS
Draft Report of the Hospital Restructuring Steering Committee
At the invitation of Council, Mr. John Carter, President, and Chief Executive
Officer; and Mr. Mike Sommerville, Director of Development and Community
Relations provided information on the issues surrounding the hospital restructuring in
Niagara Falls and the Region and reviewed the draft report of the Hospital Restructuring
Steering Committee through the use of slides: 1)Single Governance; 2) Adequate
Funding; 3) the Role of Primary Health Care Centres; 4) Job Losses and Employee
Rights; 5) the Paramedic System; 6)Transportation System; 7) Transitional Beds; 8)
Reinvestment of Dollars; 9) Community & Information Technology; 10) Community Health,
Public Health & Health Care Support; 11) "Think Regionally".
His Worship Mayor Thomson thanked Mr. Carter and Mr. Sommerville for their
attendance and presentation.
Following some discussion, it was ORDERED on the motion of Alderman
Cummings, seconded by Alderman Susin, that a letter be forwarded from the Mayors
Office requesting the Province and the Regional Hospital Restructuring Committee to
ensure that there was local political representation on the new Hospital Board. Carried
Unanimously.
Miscellaneous Planning Matters
PD-97-13 - Chief Administrative Officer - Re: Licence Agreement for Digital
Information from the Ministry of Health. The report recommends that Council approve
the by-law on tonight's agenda to authorize the licence agreement with the Ministry of
Health.
ORDERED on the motion of Alderman Creltor, seconded by AIde~iiian Campbell, that the
report be received and adopted. Carried Unanimously.
See By-law No. 97-32
PD-97-16 - Chief Administrative Officer - Re: Request for Extension to Draft Plan
Approval, Muller Industrial Park; 26T-90003 (Revised). The report recommends the
following:
That a Council resolution supporting a one-year extension to the Muller Industrial
Park Draft Plan of Subdivision be adopted conditional on the applicant submitting
a photograph to the Region showing the appropriate subdivision sign on the
property which complies with Municipal and Regional requirements;
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 Pietrangelo, that
the report be received and adopted. The motion CatTied with Alderman Ward abstaining
from the vote on a conflict of interest previously noted and with all others voting in favour.
See Resolution No. 08
COMMUNICATIONS
Communication No. 26 - Corporation of the City of Thorold - Re: Proposed Federal
Government $1.8 Billion Infrastructure Program. The communication requests Council
support a resolution "that the City of Thorold strongly supports the federal government
initiative to implement a $1.8 billion Infrastructure Program and encourages the provincial
govemment to participate in this venture".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the request be supported. Carried Unanimously.
Alderman Puttick commented that the cuts the municipality has faced in terms of
grants far outweigh the amounts being offered by the infrastructure program.
Communication No. 27- Town of Keppel, Wiarton, Ontario - Re: The Ontario Education
System. The communication requests that Council support a motion requesting the
Education Minister to implement further changes to the education system by making
teachers an essential service to avoid strikes which hurt no one but the children.
ORDERED on the motion of AIde~ii~an Hendershot , seconded by Alderman Craitor, that
the communication be received and filed. The motion Carried with Aldermen Campbell,
Janvary, and Pietrangelo abstaining from the vote on conflicts of interest previously noted
and with a~ others voting in favour.
Communication No. 28 - Frank Faubert, Mayor, City of Scarborough - Re: Legal
Challenge, Bill 103. The communication requests Council consider participating with the
City of Scarborough in the application in the Ontario Court of Justice with respect to a legal
challenge of Bill 103 dealing with the appointment of Trustees as well as the possibility of
a constitutional challenge to Bill 103.
ORDERED on the motion of Alderman Cummings, seconded by Alde..an Susin, that the
correspondence be received and filed. Carried Unanimously.
Communication No. 29 - Regional Niagara, Planning and Development Department-
Re: Appointments to the Tree By-law Advisory Committee. The communication requests
that Council appoint one non-elected representative from the municipality to the Tree By-
law Advisory Committee.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that
Bob Bolibruck be appointed to the Tree By-law Advisory Committee. Canfed Unanimously.
Communication No. 30 - Bart Maves, M. P. P., Niagara Falls - Re: Hydro rates and their
impact on jobs in Niagara Falls. The communication requests that Council provide their
input on the issue of hydro rates and the reform of Ontario Hydro.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
matter be referred to staff, the Niagara Falls Hydro and the Niagara Falls Chamber of
Commeme Industrial Committee for comments. Canfed Unanimously.
Communication No. 31 - The Kidney Foundation of Canada - Re: Proclamation. The
communication requests Council proclaim the month of Mamh, 1997 as "Kidney Month" in
Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
the request be approved subject to established policy. Canfed Unanimously
Communication No. 32 - Ontario Association of Child and Youth Counsellora - Re:
Proclamation. The communication requests that Council proclaim the week of June 2 -
6, 1997 as "Child & Youth Counsellor Week".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the request be approved subject to established policy. Canfed Unanimously.
Communication No. 33 - The Regional Municipality of Niagara, Police Services Board
- Re: Adult Entertainment Licences. The communication advises that adult entertainment
licences have been issued to the Concord Motor Hotel and Mints/Peppermints.
- 4 -
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
the communication be received and filed for the Infom~ation of Council. Carried
Unanimously.
Communication No. 34 - Clerk~ Department - Re: February 24, 1997 Council meeting -
requesting Council consider cancelling the Council meeting of February 24, 1997 in order
that members of Council, who wish, may attend the Ontario Good Road Conference.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that
the February 24, 1997 meeting of Council be cancelled. Carried Unanimously.
REPORTS
MW-97-19 - Chief Administrative Officer - Re: Agreement with CP Raft. The report
recommends that Council approve the By-law appearing on tonight's agenda allowing the
City to enter into an agreement with ( :P Rail.
ORDERED on the motion of AIdermar Ward, seconded by AIderman Cummings, that the
report be received and adopted. The motion Carried with Aldemian Orr abstaining from
the vote on a conffict of interest previ~.. usly noted and with all others voting in favour.
See 9y-law No. 97-33
MW-97-20- Chief Administrative Officer- Re: Easement Agreements with Ontario
Hydro; f)Twp. Lot 53-Pt.f-Plan 59R-7668, Mount Cannel II Subdivision - Storm
Easement; 2)Twp. Lot 53-Pt. 1 - Plat; 59R-7521, Mount Carmel North Subdivision-
Storm Easement; 3) Twp. Lot 24 - P& 2 - Plan 59R-6278, Mountaingate II Subdivision
-Watermain Easement. The report ,'ecommends that the By-laws on tonight's agenda
authorizing the City to execute the above easement agreements with Ontario Hydro be
approved. ~
ORDERED on the motion of AIdermai.~ Fisher, seconded by Alderman Rendershot, that
the report be received and adopted..C_grried Unanimously. ,,
See By-law No. 97-34
See By-law No. 97-35
See BV,.law No. 97-36
R-97-07 - Chief Administrative Offic{;r- Re: Cummington Square Ma, Ster Plan. The
report recommends the following:
That City Council approve the Gimmington Square Master Plan as presented;
That City Council approve the ,allocation of $30,000 from the Special Purpose
Reserves to finance the cost <.ff the decorative street lighting for Cummington
Square.
ORDERED on the motion of Alderma~ Fisher, seconded by Aldemian Ward, that the
report be received and adopted. Carfi~ ~ Unanimously.
Alderman Fisher requested that;.',~e renderings be provided and displayed at the
Chippawa Library for public viewing.
RA TIRCA TION CORPORATE SERVIC~S COMMITTEE ACTIONS
ORDERED on the motion of AIderman Cummings, seconded by AIderman Fisher, that the
actions taken on the following matters by the Corporate Services Committee, earlier this
evening be approved:
Adoption of the Minutes of January 27, 1997 Corporate Services Committee
meeting;
F-97-13 - Insurance Claims - that tenders be invited for a contractual service
agreement for claims adjustment services and that staff prepare a report regarding
our risk management strategy;
F-97-17 - Payments in Lieu - that Report F-97-17- Payments in Lieu be received
for the information of the Corporate Services Committee - Alderman Orr conflict on
Casino issue;
F-97-18 - Municipal Accounts - that the Corporate Services Committee recommend
approval by Council of the accounts totalling $770,254.27 for the period ending
February 10, 1997- Aldermen Craitor, Cummings, Orr and Ward- conflicts;
The motion Canfed with Alderman Orr abstaining from the vote on Report F-97-17 on a
conflict of interest previously noted; and Aldermen Craitor, Cummings, Orr and Ward
abstaining from the vote on Report F-97-18 on conflicts of interest previously noted and
with all others voting in favour.
See By-law No. 97-37
PD-97-15 - Chief Administrative Officer- Re: To Repeal Official Plan Amendment No.
17. The report recommends that Council repeal By-law No. 96-155, being a By-law to
adopt Amendment No. 17 to the City of Niagara Falls' Official Plan.
ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the
report be received and adopted. The motion Canfed with Alderman Susin abstaining from
the vote on a conflict of interest previously noted and with all others voting in favour.
See By-law No. 97-38
RESOLUTIONS
NO. 07 - FISHER - ORR - RESOLVED that a letter of condolence be forwarded to the
family of the late Domenica Persia, a well-respected citizen of her community and mother
of Mary Pugliese of the Buildings & Inspections Division.
AND The Seal of the Corporation be hereto affixed.
:., Canfed Unanimously
NO. 08 - FISHER - PIETRANGELO - RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby supports a one-year extension to the Muller Industrial Park
Draft Plan of Subdivision and that the Regional Municipality of Niagara be so informed;
conditional on the applicant submitting a photograph to the Region showing the appropriate
subdivision sign on the property that complies with Municipal and Regional requirements.
AND the Seal of the Corporation be hereto affixed.
Canfed Unanimously
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:
97-30
A by-law to amend By-law No. 79-200, as amended (AM-17/96, Falls View
Hose Brigade).
97-31
A by-law to amend By-law No. 85-238, respecting the classes of
development that may be undertaken in site plan control areas (AM-17/96,
Falls View Hose Brigade).
97-32
A by-law to authorize the execution of a license agreement with The Queen's
Printer on behalf of the Crown in Right of Ontario, the owner of the copyright
in all infom~ation products and data produced by The Ministry of Health,
Ontario respecting the provision of a copy of the digital graphic data.
97-33
A by-law to authorize the execution of an Agreement with Canadian Pacific
Railway Company to permit the Corporation of the City of Niagara Falls to
place and maintain two traffic light poles on the Railway Right-of-Way under
and across the lands of the Railway Company near Bender Street.
97-34
A by-law to authorize the execution of an agreement with Ontario Hydro
Re: Twp. Lot 53-PT1, Plan 59R-7668, Mount Carme/ II Subdivision for
constructing and maintaining storm sewers.
97-35
A by-law I~ authorize the execution of an agreement with Ontario Hydro
Re: Twp. ~.ot 53-Pt. l, Plan 59R-7521, Mount Carme/ North Subdivision for
constructing and maintaining storm sewers.
97-36
A by-law to authorize the execution of an agreement with Ontario Hydro Re:
Twp. Lot 24-Pt. 2, Plan 59R-6278, Mountaingate II Subdivision for
constructing and maintaining storm sewers.
97-37
A by-law to provide monies for General Purposes (February lO, 1997).
97-38
by-law to repeal By-law 96-155 (being a by-law to adopt amendment No.
7 to the City of Niagara Falls Official Plan)
The motion CatTied with Alderman Orr abstaining from the vote on By-law No, 97-33, on
a conflict of interest previously noted; Alde,~,,an Susin abstaining from the vote on By-law
No. 97-38 on a conflict of interest previously noted; Aldermen Craitor, Cummings, Orr and
Ward abstaining from the vote on By-law No. 97-37 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 now be read a second and third time:
97-30
A by-law to amend By-law No. 79-200, as amended (AM-~7/96, Falls View
Hose Brigade).
97-31
A by-law to amend By-law No. 85-238, respecting the classes of
development that may be undertaken in site plan ,control areas (AM-17/96,
Falls View Hose Brigade). ~
97-32
97-33
A by-law to authorize the execution of a license agreement with The Queen's
Printer on behalf of the Crown in Right of Ontario, :the owner of the copyright
in all information products and data produced b)/ The Ministry of Health,
Ontario respecting the provision of a copy of the tl/gital graphic data.
A by-law to authorize the execution of an Agreement with Canadian Pacific
Railway Company to permit the Corporation of thee City of Niagara Falls to
place and maintain two traffic light poles on the Railway Right-of-Way under
and across the/ands of the Railway Company near Bender Street.
97-34
A by-law to authorize the execution of an agreement with Ontario Hydro
Re: Twp. Lot 53-PT1, Plan 59R-7668, Mount Carme/ II Subdivision for
constructing and maintaining storm sewers.
97-35
A by-law to authorize the execution of an agreement with Ontario Hydro
Re: Twp. Lot 53-Pt. 1, Plan 59R-7521, Mount Carme/ North Subdivision for
constructing and maintaining storm sewers.
97-36
A by-law to authorize the execution of an agreement with Ontario Hydro Re:
Twp. Lot 24-Pt. 2, Plan 59R-6278, Mountaingate II Subdivision for
constructing and maintaining storm sewers.
97-37
A by-law to provide monies for General Purposes (February 10, 1997).
97-38
A by-law to repeal By-law 96-155 (being a by-law to adopt amendment No.
17 to the City of Niagara Falls Official Plan)
The motion Carried with Alderman Orr abstaining from the vote on By-law No. 97-33, on
a conflict of interest previously noted; Alderman Susin abstaining; from the vote on By-law
No. 97-38 on a conflict of interest previously noted; Aldermen Craitor, Cummings, Orr and
Ward abstaining from the vote on By-law No. 97-37 on conflicts of interest previously noted
and with all others voting in favour.
NEW BUSINESS
School Crossing Guard Program
Alderman Pat Cummings requested that a letter be forwarded to the Minister of
Education indicating that since education funding was being removed from municipal
responsibility, and that the program would be taken over by the Province, that the City of
Niagara Falls would no longer be responsible for providing School Crossing Guards as of
January 1, 1998 and further that a copy of this motion be circulated to all Ontario
municipalities with a population of 50, 000 and over.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that a
letter be forwarded to the Minister of Education indicating that since education funding was
being removed from municipal responsibility, and since the program would be taken over
by the Province, that the City of Niagara Falls would no longer be responsible for
providing School Crossing Guards as of January 1, 1998 and further that a copy of this
motion be circulated to all Ontario municipalities with a population of 50, 000 and over.
The motion Carried with Alde~i,en Campbell, Janvary and Pietrangelo abstaining from the
vote on conflicts of interest because they are employed by the School Board and with all
others voting in favour.
Boys & Girls Club Triathalon
Alderman Victor P. ietrangelo thanked everyone who participated and contributed to
the Boys and Girls Club Triathalon.
Ward System
Alderman Victor Pietrangelo commented on the issue of the Ward System and
requested that Council request that the Ontario Municipal Board review the decision of the
Chairman.
ORDERED on the motion of Alde~an Pietrangelo, seconded by Alderman Susin, that a
motion be made to the Ontario Municipal Board (OMB) to review the decision of the
Chairman regarding the Ward System. The motion Carried, with Aldei~an Orr voting
contrary to the motion and with all others voting in favour.
Train Whistling at Bender Hill
Alderman Judy Orr requested further in~.~ation on the train whistling at Bender Hi//
and the Director of Municipal Works respo, ~ded that the railway is looking for more
facilities to be in place to stop pedestrians fro, ~ trespassing on the railway in the area of
the Bender Street Crossing. He advised that' more signs and fencing have to be put in
place before the railroad appreves the al.*91ication for anti-whistling and he very
optimistically indicated that subject to approval, .~hat the anti-whistling matter could be dealt
with at the end of the month.
Cutbacks in Provincial funding
Alderman Norm Puttick referred to th~ cutbacks in Provincial funding to groups
charged with the clean up of "hot spots" and requested a report from staff'outlining where
the funding is expected to come from for these; programs.
ORDERED on the motion of Alderman Puttick,: ,~;econded by Alderman Craitor, that staff
be requested to provide a report outlining whefs. the funding is expected to come from for
the clean up programs. Ca~ed Unanimously~
Who Does What Committee
Alde~an Norm Puttick referred to the "1~o Does What Committee" and the issue
of govemance; he commented that staff should ~:~ ot attend the Service meetings if political
representation from other municipalities is the~.
The Chief Administrative Office and M~yor Thomson clarified the point and
undertook the information that the dates a~t agenda regarding the meetings on
govemance would be provided to members of C ~uncil.
ORDERED on the motion of Alderman Puttick, ~;econded by Alderman Pietrangelo, that
the information with respect to the dates and the agenda of the govemance meetings be
provided to members of Council. Carried Unanimously.
Canadian Home Products Limited
Alders,an Norm Puttick referred to correspondence from Canadian Home Products
Limited thanking the Mayor, staff and the Business Development Department for their
participation and support. It was noted that the Mayor, staff and the Business
Development Department have worked with the company in order to save jobs and keep
the company in the community.
Provincial Offences Act
His Worship Mayor Thomson referred to correspondence from the Ministry of the
Attomey General with respect to changes in legislation in the Provincial Offences Act,
allowing municipalities to become a partner in Provincial Offences Act and increase City
revenues.
ORDERED on ~e motion of Alderman Pietrange~, seconded by Aldeii~an Campbe~ ~at
the ma~er be referred ~ s~ff and ~e City Sofici~r ~r ~rther ~vestigation. Carried
Unanimous~.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
SEVENTH MEETING
REGULAR MEETING
Council Chambers
February 17, 1997
Council met on Monday, February 17, 1997 at 7:00 p.m. for the purpose of
considering Regular Business Matters. All members of Council, with the exception of
Alderman Ward, who was away due to illness, were present. Alderman Paisley Janvary
offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Susin requested that the Minutes of the Special Council meeting of
February 6, 1997 be amended to reflect his vote as being contrary to the motion that
Council proceed with a Letter of Credit; and to reflect his vote as being in favour of having
the development proceed without a Letter of Credit.
Alderman Orr indicated that she had a pecuniary interest with respect to the Vincor
matter, from the Special meeting of Council on February 6, 1997 because her employer,
The Bay has an objection to the application.
Alderman Susin requested that the Minutes of February 10, 1997 be amended to
reflect that his conflict of interest on By-law 97-38 and on Report PD-97-15, was because
he holds the mortgage in the area that pertains to the OPA No. 17.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the
Minutes of the Special Meeting of Council on February 6, 1997 and the Minutes of the
Planning/Regular Meeting of February 10, 1997 be adopted as amended. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Alde,,en Cummings and Craitor indicated pecuniary interests on Report F-9 7-19,
Cheque Nos. M91804 and 227279 because members of their family are employed by the
Region.
Alderman Creitor indicated a pecuniary interest on Report F-97-19, Cheque No.
227328, because he sits on the Board of Directors of the Minor Hockey League.
Aldermen Campbell, Janvary and Pietrangelo indicated pecuniary interests on the
matter dealing with the Niagare South Ontarfo Public School Teachers Federation and on
Communication No. 35 from the Association of Municipalities of Ontario (AMO), because
they are employed by the School Board.
Alderman Pietrangelo indicated a pecuniary interest on Report L-97-09, because
a member of his family holds the property in question.
Aldeiii~an Orr indicated a pecuniary interest on Report PD-9 7-12 and on By-law No.
97-43, because she is employed by the Casino; and indicated a pecuniary interest on the
Vincor matter dealt with in Community Sen/ices because her employer has an objection.
PRESENTATIONS
Niagara Falls Lions Club
His Worship Mayor Thomson presented a token of appreciation to Mr. Bob Stuckey,
Property Chairperson, and to Mr. Many Manniex, President, Niagara Falls Lions Club, in
recognition of a donation of $7,800 to the Lions Rink repairs.
Designated Heritage Properties
His Worship Mayor Thomson, Mark Hopkins, Chairman, LACAC and Aldeniian
Wayne Campbell, the Council representative, congratulated and presented plaques as
part of the Heritage Day celebrations to Mr. Jack Hall, Mr. John Fordham, Old SL John~
Church; Mr. Ron Brown, Stamford Cottage; and Mr. Jack Marshall, Willoughby
Township Hall, for their properties which have been designated heritage properties on
behalf of the Local Architectural Conservation Advisory Committee (LACAC).
Plaque Unveiling - Burr Lockhart Plato
His Worship Mayor Thomson indicated that several descendants of Mr. Burr
Lockhart Plato, were in attendance for a plaque unveiling honouring Mr. Plato, one of
the first Blacks in Canada to be elected to political office; a popular and respected
businessman, as well as an active member of the British Methodist Episcopal Church.
Mayor Thomson introduced Mr. Donald Thomas, President, Niagara Balck History
Association, Eileen Knott, and Mrs. Wilma Morrison, who provided a brief history on Mr.
Plato's life and advised that the oldest and youngest Plato descendants would unveil the
plaque.
Mayor Thomson thanked everyone for their participation in the presentation and
stated the plaque would be installed in a prominent place at City Hall.
His Worship Mayor Thomson declared a five minute recess at 7:40 p.m., to provide
an opportunity for persons in the gallery to leave Council Chambers and for persons
interested in the next item to enter Council Chambers.
Following
the recess, the members of Council reconvened for the balance of the Council meeting.
DEPUTATIONS
Liquor Licence - The Masque Nite Club
Ms. Dawne Jubb, addressed Council on behalf of Mr. Vincent and Mr. Anthony
Petti, owners of The Masque Nite Club, respecting the Liquor Licence Board of Ontario
decision to refuse to issue a liquor sales licence to the club; she stated that the main
concerns of the residents in the area were to ensure that it was a strong, well-managed
night club and suggested that the concems of the residents and the police would have
been better addressed by granting the liquor licence with strong conditions attached.
Ms. Jubb indicated that the applicants had agreed with Police Services to have
designated officers patrolling outside the premises and requested Councirs consideration
of a resolution supporting a review of the Liquor Licence Board decision.
Po~ce Sergeant Peter Gill referred to police funding and police resources; he
indicated the intent of Police Services was to have licensed establishments contribute to
extra policing on Queen Street with the co-operation of the owners in the area.
Mr. Paul Juliar, President, Downtown Board of Management indicated that
the main objection at the Liquor Licence Board of Ontario hearing was the proposed mix
of overage and underage patrons at the establishment; he further advised that a meeting
of the Downtown Board of Management would be held on Thursday, February 20, 1997
to discuss the various concems of the Board with respect to noise problems; parking
restrictions and vandalism in the area.
Mr. Art Ristan, Liquor Licence Board, commented on the Board's position and
advised the Board had based its decision on the fact that the community did not wish to
have this establishment on Queen Street. He suggested that a rasolution by Council and
the Downtown Board of Management be forwarded to the Liquor Licence Board supporting
a review of their decision.
Following some discussion, it was ORDERED on the motion of Alderman Craitor,
seconded by Alderman Hendershot, that the matter be referred to the Downtown Board of
Management Genera/Meeting on February 20, 1997; and that a visit by Council be
amanged to view the operations. Carried Unanimously.
Niagara South Ontario Public School Teachers Federation
Mr. Dale Ford, President, Niagars South Ontario Public School Teachers
Federation, addressed Council on the Government of Ontario's Restructuring proposal
and presented a petition expressing opposition to the provincial downloading to
municipalities and of the restructuring of school boards.
Alderman OH left He meeting during He discuss~n.
During the discussion, Council considered the resolution from the Associated
Municipalities of Ontario respecting "Who Does What" reforms and of Provincial down-
loading and endorsed the resolution and actions of AMO to convey to the Minister that
municipalities are not prepared to accept changes that will undermine local govemment
and that AMO meet with the Premier and affected Ministers to discuss the issue of
downloading directly.
ORDERED on the motion of Alderman Puttick, seconded by AIderman Craitor, that Council
support the Niagara South Ontario Public School Teachers Federation petition and
endorse the AMO resolution and further that a copy be forwarded to the Association of
Municipalities of Ontario. The motion Carried with Alderman Susin voting contrary to the
motion; and Aldermen Campbell, Janvary and Pietrangelo abstaining from the vote on
conflicts of interest previously noted and with all others voting in favour.
-4-
Illegal Body Shop
Mr. Rob Ballantyne was not in attendance.
~rfrf~frfr
2001 Canada Summer Games
Mr. John Van Kooten, The Niagara Bid Committee to Host the 2001 Canada
Summer Games providE;d details of the 2001 Canada Summer Games bid; discussed the
benefits to the City; the Critical Success Factors; the meeting with the Site Evaluation
team on April 30, 1997; the High Visibility Projects; and of the activities that would be
taking place. Mr. Van Kooten requested Council support in the ICommittee's bid for the
2001 Canada Summer Games.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
that Council supports thq Committee's bid to obtain the 2001 Canada Summer Games.
Canfed Unanimously. '
ORDERED on the motic,n of Alderman Cummings, seconded by Alderman Fisher, that the
matter be referred to s~'aff for further consideration of areas of involvement and of the
in Niagara Falls for the Summer Games. Canfed
possible funding of facilities
Unanimously. ~
Smoke-Free Areas By..Law
UNFINISHED BUSINESS
Report from Alderma!n Norm Puttick, Chair, Smoke-Free Areas Committee - Re:
Smoke-Free Areas By.law. The report provides a brief outline of actions taken by the
Smoke-Free Areas Committee.
The following ir,'dividuals addressed Council and spoke in favour of the proposed
by-la w and requested ~t?at Council look for the possibility of further reductions on a planned
schedule.
Dr. K. Donkar :~quested that Council look ahead to the future and work toward
having 100% smoke f~e areas.
Dr. Stafford DObbin discussed the lack of awareness in schools regarding the
amount of damage that smoking can do; and indicated that the aim should be 100%
cessation in smoking."
Lisa Fisher re:uuested that Council consider looking further reductions and having
100% smoke-free arez,~s.
Eric Farnell, a%:/vised that no one should profit from human tragedy and requested
that consideration be given to having 100% smoke free areas.
Sharon Loftridge, Executive Director, Lung Association, provided information
on the effects of second-hand smoke on childran; and stated that the position of the Lung
Association was to have 100% smoke free areas.
Linda Rix, President, Niagara Council on Health, congratulated the City of
Niagara Falls fortheir consideration of the Smoke-Free areas by-law; indicated that the by-
law would be used as model throughout the Region; discussed the effects of second-hand
smoke and requested that Council make a commitment to the future to have 100% smoke-
free areas.
Dave Hagarty, Director, Greator Niagara Restaurant Association, had advised
that he had mad the report and the accompanying by-law and that he was in agreement
with the recommendation and would not need to attend the Council meeting.
Following some discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Cummings, that the recommendation as outlined in the report be
approved. Carried Unanimously.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that
Alderman Puttick continue to chair the Smoke-Free Areas Committee and that the
Committee continue to meet and look for further possible reductions on a planned
schedule. The motion Carried with Alderman Volpatti voting contrary to the motion and
with all others voting in favour.
See By-law No. 97-39
COMMUNICATIONS
Communication No. 35- Association of Municipalities of Ontario (AMO) - Re: AMO
Board takes action on Who Does What Announcements. The communication requests
endorsation of the resolution advising the Province that the downloading of responsibility
for funding social services, health services and provincial ~housing is completely
unacceptable; that AMO would support the reconsideration of the Who Does What Panel's
recommendations respecting the funding of social services and education; that
municipalities are not prepared to accept changes that will undermine local government
and that a meeting with the Premier, the Minister of Finance and affected Ministers to
discuss these matters directly.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the
request be endorsed. The motion Carried with Alderman Gampbell, Janvary and
Pietrangelo abstaining from the vote on conflicts of interest previously noted and with all
others voting in favour.
Communication No. 36 - Mr. Gordon West, 5764 Hanan Avenue - Re: Resignation.
The communication submits a resignation by Mr. Gordon West, from the Community
Resources Centre Management Committee.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that the
resignation be accepted with regrets. Carried Unanimously.
Communication No. 37- Golden Horseshoe Social Action Committee - Re: Invitation.
The communication extends an invitation to attend a meeting on Saturday, Mamh 8, 1997
at Centennial High School Auditorium, with the guest speaker being Craig Kielburger, a 14
year old child rights activist against the use of child labour common in developing
countries.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Susin, that the
communication be received and filed for the Information of Council. :, CatTied Unanimously.
Communication No. 38 - The Regional Municipality of Niagara - Re: Review of
Municipal Governance in Niagara. The communication requests political representation
on a Technical Sub-Committee to study govemance on the "Who Does What Committee"
ORDERED on the motion of Alderman Hendershot, seconded by Alderii~an Campbell,
that Alderman Norm Puttick be appointed as the City's representative to the Technical Sub-
Committee to study govemance in Niagara Falls. Carried Unanimously.
REPORTS
RA TIFICA TION OF COMMUNITY SERVICES ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that
the actions taken on the following matters by the Community Services Committee, earlier
this evening, be approved:
1. Approval of the Minutes of the February 3, 1997 Community Services Meeting;
R-97-08- Mountain Road Recreation Area Master Plan (Mountain Road Landfill Site
End Use Master Plan Steedng Committee) - that the Mountain Road Recreation
Area Master Plan be approved; and that the Master Plan be forwarded to the
Ministry of the Environment & Energy for final approval;
MW-96-21 - Pumhase of Eight Amanda & Oracle Sofiware Licences for the Property
Database - that the purchase of eight additional user licences for Amanda and
Oracle Software, at a total cost of $20,705. 00, inclusive of taxes, be approved;
4. Information Items -
a) 1996 Regional Household Hazardous Waste Depot Collection Program -
b) US Route 219 Intemational Trade Corridor Multi-State/Provincial Committee-
c) Correspondence from CN Re: Portage Road Bridge -
That the information be received and filed for Information;
5. Vincor:
That the City Solicitor be authorized to defend the City in the leave to appeal motion
of River Realty et al with respect to the Vincor OMB Hearing and that the Solicitor
take the necessary steps in this regard - Alderman O/T, conflict of interest because
her employer has an objection.
The motion Carried with Alderman Orr abstaining from the vote on the Vincor matter on
a conflict of interest previously noted and with all others voting in favour.
PD-97-04 - Chief Administrative Officer- Re: Application for Site Plan Approval; Pine
Tree Village Mobile Home Park. The report recommends the following:
That Pine Tree Village be included as an area of Site Plan Control and that a by-law
be passed at the March 3, 1997 meeting;
That the submitted site plan for Pine Tree Village Mobile Home Park be approved
by Council;
That the site plan agreement replace the function of the licensing by-law with
respect to setting planning parameters for additions to mobile homes, accessory
building and parking;
That the City's Licencing By-law on Trailer Parks be amended to exclude the Pine
Tree Village property once the site plan agreement has been registered;
5. That the applicant obtain building permits for the 15 units referenced in this report.
ORDERED on the motion of Alderman Susin, seconded by Alderman Janvary, that the
report be received and adopted. Canfed Unanimously.
PD-97-12 - Chief Administrative Officer- Re: Site Specific Site Plan Control By-law;
SPC-10/96, Casino Satellite Parking Area; Kitchener Street, West of the Ontario
Hydro Corridor. The report recommends that Council pass the Site Plan Control By-law
for the Casino Satellite Parking area on the north side of Kitchener Street for the lands
west of the Ontario Hydro Corridor.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Canfed Unanimously.
See By-law No. 97-43
PD-97-14 - Chief Administrative Officer- Re: Request for Extension to Draft Plan
Approval, Parkway Acres; 26T-87010. The report recommends the following:
That a Council resolution supporting a one-year extension to draft plan approval for
the Parkway Acres Plan of Subdivision be adopted conditional on the applicant
submitting a photograph to the Region showing the appropriate subdivision sign on
the property that complies with Municipal and Regional requirements;
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 Pietrangelo, that
the report be received and adopted. Canfed Unanimously,
See Resolution No. 09
F-97-f9 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that Council approve the accounts totalling $492,809. 15 for the period ending
February 17, 1997.
Alderman Gary Hendershot advised that Cheque No. 227317 had been withdrawn.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that
the report be received and adopted. The motion Canfed with Aldermen Cummings and
Craitor, abstaining from the vote on conflicts of interest previously noted and with all others
voting in favour.
See By-law No.. 97-44
CD-97-06 - Chief Administrative Officer- Re: Special Occasion Permit, Niagara Falls
Ladies Hockey. The report recommends that Council indicate it has no objection to the
issuance of a Special Occasion Pe,,,it to the organization listed in this report.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
that the report be received and adopted. Canfed Unanimously.
L-97-06 - Chief Administrative Officer- Re: Agreement to amend 1976 Parking Lot
Agreement between the Regional Municipality of Niagara and the City; Stanley
Avenue Sewage Treatment Plant. The report recommends that Council authorize the
execution by the Mayor and Clerk of an Agreement between The Regional Municipality of
Niagara and the City to amend a 1976 Parking Lot Agreement.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Volpatti , that the
report be received and adopted. Canfed Unanimously
See By-law No. 97-40
- 8-
L-97-08 - Chief Administrative Officer - Re: Establishment of a Daylighting Triangle
as a Public Highway (Frances Avenue). The report recommends that a daylighting
triangle, described as Part 3 on Reference Plan 59R-9784, be established as a part of a
public highway, to be known as and to form part of Frances Avenue.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously.
See By-law No. 97-41
L-97-09 - Chief Administrative Officer- Re: Pietrangelo Agreement with City, Building
Permit Testamentary Devise. The report recommends that Council authorize the
execution by the Mayor and Clerk of an Agreement dated February 11, 1997 between
Rosanne Pietrengelo and the City regarding application for a Building Pei~iiit.
ORDERED on the motion of Alderman Creitor, seconded by Alderman Volpatti, that the
report be received and adopted. The motion Carried with Alderman Pietrengelo abstaining
from the vote on a conflict of interest previously noted and with aft others voting in favour.
See By-law No. 97-42
CD-97-08 - Chief Administrative Officer- Re: Special Occasion Permit; Niagara
Clancy's Originals Oldtimers Hockey Team. 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 Pietrengelo, that
the report be received and adopted. Carried Unanimously.
RESOLUTIONS
NO. 09 - VOLPA TTI- PIETRANGELO - RESOLVED that the Council of the Corporation
of the City of Niagara Falls hereby supports a one-year extension to the Parkway Acres
Plan of Subdivision and that the Regional Municipality of Niagara be so informed;
conditional on the applicant submitting a photograph to the Region showing the appropriate
subdivision sign on the property that complies with Municipal and Regional requirements.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Cummings, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
97-39
A by-law to amend By-law No. 87-143, being a By-law respecting smoking.
97-40
A by-law to authorize the execution of an agreement with The Regional
Municipality of Niagara respecting the release of certain land from a licence
agreement dated January 23, 1976. (Stanley Avenue Sewage Treatment
Plant).
97-41
A by-law to establish Part 3 on Reference Plan 59R-9784 as part of a public
highway, to be known as and to form part of Frences Avenue.
97-42
A by-law to authorize the execution of an agreement with Rosanne
Pietrengelo as a condition of building permit application.
97-43
A by-law to amend By-law No. 96-120 respecting the classes of development
that may be undertaken in site plan control areas.
97-44
A by-law to provide monies for General Purposes (February 17, 1997).
The motion Carried with Alderman Orr abstaining from the vote on By-law No. 97-43 on
a conflict of interest previously noted; Aldermen Craitor, Cummings, abstaining from the
vote on By-law 97-44 on conflicts of interest previously noted and with all others voting in
favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alde~an Cummings,
that the following by-laws be now read a second and third time:
97-39
A by-law to amend By-law No. 87-143, being a By-law respecting smoking.
97-48
A by-law to authorize the execution of an agreement with The Regional
Municipality of Niagara respecting the release of certain land from a licence
agreement dated January 23, 1976. (Stanley Avenue Sewage Treatment
Plant).
97-41
A by-law to establish Part 3 on Reference Plan 59R-9784 as part of a public
highway, to be known as and to form part of Frances Avenue.
97-42
A by-law to autho~ze the execution of an agreement with Rosanne
Pietrangelo as a condition of building permit application.
97-43
A by-law to amend By-law No. 96-120 respecting the classes of development
that may be undertaken in site plan control areas (Roberts St., Kitchener St
and part of Liberty St,)
97-44
A by-law to provide monies for General Purposes (February 17, 1997).
The motion Car~ed with Alderman Orr abstaining from the vote on By-law No. 97-43 on
a conflict of interest previously noted; Aldermen Craitor, Cummings, abstaining from the
vote on By-law 97-44 on conflicts of interest previously noted and with all others voting in
favour.
NEW BUSINESS
Niagara Parks Commission
Alderman Norm Puttick referred to correspondence received on the prfvatization of
the Niagara Parks Commission; and His Worship Mayor Thomson spoke in favour of the
Niagara Parks Commission remaining the provincial body and of the excellent work they
have done.
Alderman Vo~affi ~fl ~e meeting.
Chippawa Business Association/BIA
Alderman Pat Cummings referred to the Chippawa Business Association/BIA
Minutes that had been provided in the Aldermen's packages and expressed concems on
the matter.
-10-
Following some discussion, it was ORDERED on the motion of Alderman
Cummings, seconded by Alderman Hendershot, that funds in the amount of $30,000
, with respect to Cummington Square renovations be withheld and that the matter be
referred to staff for a report on the issue and further that Ms. Made Middlemiss be invited
to attend the next Council meeting to address the matter. The motion Carded with
Alderman Susin voting contrary to the motion and with all others voting in favour.
Parking Variance Reduction
Alderman Wayne Campbell referred to the Committee of Adjustmenrs Minor
Variance Parking Reduction issue. He was informed by the Director of Planning &
Development that a report would be provided by staff.
Mayor's Blood Donor Clinic
His Worship Mayor Thomson informed members of Counc~ of the Mayors Blood
Donor Clinic being held on February 24, 1997 and encouraged everyone to attend.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the meeting be adjourned. Carded Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
EIGHTH MEETING
COMMITTEE-OF-THE-WHOLE
Committee Room #2
March 3, 1997
Council met on Monday, March 3, 1997 at 5:00 p.m. in Committee of the Whole.
All members of Council, with the exception of Alderman Janvary, who was away due to
illness, 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,
REGULAR COUNCIL MEETING
Council Chambers
March 3, 1997
Council met on Monday, March 3, 1997 at 7:00 p.m. for the purpose of considering
Regular Business Matters. All members of Council, with the exception of Alderman
Janvary, who was away due to illness, were present. Alderman Fermino Susin offered the
Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the Minutes of the Regular Meeting of February 17, 1997 be adopted as printed.
Carried Unanimously,
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Hendershot indicated a pecuniary interest on Report F-97-21, Cheque No.
M91820, because he is the recipient.
Aldermen Craitor and Cummings indicated pecuniary interests on Report F-97-21,
Cheque Nos. 227562 and 227688 because members of their family are employed by the
Region.
Alderman Craitor indicated a pecuniary interest on Report F-97-21, Cheque No.
227530, because he sits on the Board of Directors of the Niagara Falls Minor Hockey
League.
Alderman Susin indicated a pecuniary interest on Report CD-97-09, because he
is a member of of the Royal Canadian Legion, Branch 396.
Alderman Ward indicated a pecuniary interest on the item dealing with Purchase
from The City of Parts 1, 2 and 3 on Reference Plan 59R-6850 from Committee of the
Whole, because he has a business interest with the company.
DEPUTATIONS
The Canadian Red Cross Society. Niagara Falls Branch
Renate Martin, (Alias Super Bean), Branch Manager, The Niagara Falls Red
Cross Society, discussed the 3rd Annual Bean Blitz for Charity campaign on behalf of
"March is Red Cross Month", distributed One Dollar Bags of Jelly Beans and thanked
members and the community for their support in the recent Mayor's Blood Donor Clinic.
His Worship Mayor Thomson thanked Ms. Martin for her presentation and
congratulated her for the excellent work that was being accomplished.
Prior to dealing with further matters on the Agenda, a discussion was held with
respect to the issue of The Masque Nite Club liquor licence issue.
On the motion of Alderman Orr, seconded by Alderman Volpatti, that the matter be
deferred to the next meeting of Council. The motion was Defeated with Aldermen
Campbell, Craitor, Cummings, Susin, Pietrangelo and Ward voting contrary to the motion
and Aldermen Fisher, Hendershot, Orr, Puttick and Volpatti voting in favour.
It was ORDERED on the motion of Alderman Cummings, seconded by Alderman
Pietrangelo, to proceed with the discussion on the matter. The motion Carried with
Aldermen Campbell, Craitor, Cummings, Susin, Pietrangelo and Ward voting in favour of
the motion and Aldermen Fisher, Hendershot, Orr, Puttick and Volpatti voting contrary to
the motion.
Following some discussion, it was ORDERED on the motion of Alderman Campbell,
seconded by Alderman Cummings, that the matter be reconsidered and referred to the
next meeting of Council Carried Unanimously.
Argus Thermal Imaging Camera
Chief Peter Corfield and C. (Burney) RudelI,Director of Training, provided a
video demonstration of the Argus Thermal Imaging Camera which allows firefighters to
locate victims through smoke and darkness and enables them to see objects invisible to
the naked eye.
Chief Cor~eld advised that the Fire Department would be kicking-off a community
campaign in order to obtain funding toward the acquisition of the thermal imaging camera
equipment and requested Council's support.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
Council supports the acquisition of the infrared camera and approves the approach of the
Fire Department in attempting to obtain public funding. Carried Unanimously,
COMMUNICATIONS
Communication No. 39 - City of Peterborough - Re: Mega Week, Changes in Funding
Services The communication requests that Council support a resolution requesting the
Minister of Municipal Affairs consider that downloading be refocused on a different subset
of services which would be more in keeping with sound taxation principles.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
request be supported and further that our local M.P.P. be requested to attend a future
Council meeting to address the issue of downloading. Carried Unanimously.
Communication No. 40 - Greater Niagara General Hospital - Re: Proclamation. The
communication requests that Council proclaim the week of March 16-22, 1997 as "Children
and Healthcars Week".
ORDERED on the motion of Alderman Pietmngelo, seconded by Alderman Fisher, that the
request be supported. Carried Unanimously.
Communication No. 41 - Niagara South Federation of Agriculture - Re: Farm Tax
Rebate. The communication extends an invitation to attend a Special Information meeting
on April 3, 1997 at the OMAFRA Office, Vineland Station at 1:30 p.m. to discuss the new
rules to the Farm Tax Rebate.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the
communication be received and filed for the information of Council. Carried Unanimously.
Communication No. 42 - Downtown Board of Management - Re: Appointment of
Downtown Board of Dirctors. The communication requests that Council appoint Marie
Brooks, Kids Town; Joe Mrkalj, North Daily Planet; and Henry Zwolak, Weekly Chronicle
to the Downtown Board of Management's Board of Directors to complete the terms of the
vacancies that have arisen.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
request be approved. Carried Unanimously.
Communication No. 43 - Regional Niagara, Public Works Department - Re:
Modifications to Bender Hill Sewage Pumping Station, Noise Control By-law. The
communication requests relief from the local noise by-law to conduct night works at the
pumping station for a temporary period of time to pe,,it the line-drilling through the existing
bedrock.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings, to
grant the request for relief from the local noise by-law on the condition that the Region
make every effort to contact all of the neighhours in the area with respect to the works.
Carried Unanimously.
REPORTS
MW-97-24 - Chief Administrative Officer - Re: Local Improvement Rates Update. The
report recommends that the new rates for local improvement works indicated in this report
be adopted for 1997.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the report be received and adopted. Carried Unanimously.
MW-97-27 - Chairperson, Municipal Parking - Re: Municipal Parking & Traffic
Committee - Recommendations - February 18, 1997 Meeting. The report recommends
the following:
MW-97-16 - School Crossing Guard Request - North St. at St. Joseph's School -
That 1) a mid-block School Crossing, with appropriate signing, be installed on North
St. in front of St. Joseph's School and 2) that a School Crossing Guard be assigned
at this location for the morning and late afternoon sessions and 3) that the east limit
of the school bus loading zone on North St. be relocated 4 metres west to
accommodate the above School Crossing;
2. Three-Year Capital Works Municipal Parking Lot Reconstruction Program - that the
three-year Capital Works Municipal Parking Lot Program be approved as illustrated
in the report.
ORDERED on the motion of Alderman Ward, seconded by AIderman Fisher, that the report
be received and filed for the information of Council. Carried Unanimously.
PD-97-17 - Chief Administrative Officer - Re: Ad Hoc Committee on the Review of
Municipal Services/Review of Economic Development Function. The report
recommends that Council endorse the review of the Municipal/Regional economic
development function as part of the Planning Sub-Committee's mandate; and further, that
a member of the City's Business Development Committee be appointed to the sub-
committee.
ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that the
matter be referred to the Business Development Board to appoint a member. Carried
Unanimously.
- AND -
Communication No. 44 - Regional Niagara, Office of the Clerk - Re: Council's
Position on Economic Development to be considered as part of the Technical Sub-
Committee on Review of Planning Service. The communication requests Municipal
Council's preference of having Economic Development dealt with by the Technical Sub-
Committee reviewing Planning Services or to set up a separate Sub-Committee to review
Economic Development Services as soon as possible.
ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that the
correspondence be received and filed for the information of Council. Carried Unanimously.
PD-97-19 - Chief Administrative Officer - Re: Lundy's Lane Business Improvement
Area. The report recommends that Council pass the appropriate by-law to designate the
Lundy's Lane Business Improvement Area.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the report be received and adopted. Carried Unanimously.
See By-law No. 97-46
F-97-20 - Chief Administrative Officer - Re: Amendment of Interest Rate on
Overpayment of Taxes. The report recommends that the rate of interest on overpayment
of taxes be set at the City's bank prime rate less 2% effective annually on the first day of
the calendar year commencing January 1, 1997.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. The motion Carried with Aldermen Orr and Susin voting
contrary to the motion and with all others voting in favour.
See By-law No. 97-45
F-97-21 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that Council approve the accounts totalling $879,722.04 for the period ending
March 3, 1997,
ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the
report be received and adopted. The motion Carried with Aldermen Craitor, Cummings
and Hendershot abstaining from the vote on conflicts of interest previously noted and with
all others voting in favour.
See By-law No. 97-54
CD-97-07 - Chief Administrative Officer - Re: Mail Services Agreement, The Canadian
Mail Exchange. The report recommends that the City amend the agreement for Gateway
Mailing Services to reflect the company name change to The Canadian Mail Exchange to
provide for the posting of City mail.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
See By-law No. 97-53
CD-97-09 - Chief Administrative Officer - Re: Special Occasion Permit, Royal
Canadian Legion, Branch 396, Chippawa. 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 Alderi~an Pietrangelo, seconded by Alderman Fisher, that the
report be received and adopted. The motion Carried with Alderman Susin abstaining from
the vote on a conflict of interest previously noted and with all others voting in favour.
CD-97-10 - Chief Administrative Officer - Re: Appointments to Arts & Culture
Commission. The report recommends that Council appoint by By-law, seven (7)
members to the Arts & Culture Commission for the 1997-1998 tea-r..
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
that the report be received and adopted. Carried Unanimously.
See By-law No. 97-47
L-97-10 - Chief Administrative Officer - Re: Weed Administration Costs. The report
recommends that the City's administration costs for weed spraying and mowing of private
lots be increased from $90.00 to $125.00.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously,
L-97-11 - Chief Administrative Officer - Re: Sign Application, No Frills Supermarket;
6460 Lundy's Lane. The report recommends that Council approve the application for two
wall signs, having a combined area of 697 square feet for No Frills Supermarket on the
north and east elevation of the building at 6460 Lundy's Lane.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
L-97-12 - Chief Administrative Officer - Re: Bill 108, Streamlining of Administration
of Provincial Offences Act, 1997. The report recommends that the report be received
and filed.
ORDERED on the motion of Alderman Ward, seconded by Alderman Volpatti, that the
report be received and filed. Carried Unanimously.
L-97-13 - Chief Administrative Officer - Re: Transfer of Easement and Road Widening
to The Regional Municipality of Niagara; Former N.S. & T. Corridor. The report
recommends that the Mayor and Clerk be authorized to execute a Transfer of Easement
and a Transfer of road widening to The Regional Municipality of Niagara.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
See By-law No. 97-49
Report - Alderman G. Henderahot/Alderman N. Puttick - Re: Report on the Good
Roads Conference, Toronto. The report provides information on the main points of the
Good Roads Conference held in Toronto.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
report be received and adopted~ Carried Unanimously.
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the actions taken by Committee of the Whole, earlier this evening be approved:
Re: 1049491 Ontario Inc. Purchase from the City, Parts 1,2 and 3 on Reference Plan 59R-
6850 - that Council approve to extend the closing date of this transaction to September
30, 1997 and that the subject lands be divided into three separate parcels and Parts 1 and
3 on Reference Plan 59R-6850 to be deeded to 1049491 Ontario Inc. subject to the
following conditions:
- 6 -
1)
That the separation be done only if it is feasible to!,do so from a technical point of
view;
2)
3)
That such conditions that reasonably relate to the proposed separation be imposed;
That Part 2 Plan 59R-6850 be retained by the City and easements for parking,
landscaping purposes and similar uses be granted to the Purchasers;
4)
That the Purchaser pay for any costs for surveys, reference plans or anything that
is required to separate the lands.
The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest
previously noted and with all others voting in favour.
RESOLUTIONS
NO. 10 - SUSIN - VOLPATTI - RESOLVED THAT a letter of condolence be forwarded
to the family of the late F. Philip Downie, a former Alderma~ in the City of Niagara Falls and
former Principal of Westlane Secondary School.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 11 - FISHER - ORR o RESOLVED THAT a letter of ~ndolence be forwarded to the
family of the late Mildred (Millie) Brooks, a former City emp!oyee in the Payroll Department
and well-respected citizen in the community.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 12 - HENDERSHOT o CUMMINGS - RESOLVED THAT the Council of the Corporation
of the City of Niagara Falls hereby requests an allocation of subsidy of funds for
transporation for Physically Disabled persons for the ~/ear 1997, in the amount of
$93,000.00.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 13 - CUMMINGS - HENDERSHOT - RESOLVED THAT the Council of the
Corporation of the City of Niagara Fails requests an allocation of subsidy funds for public
transporation for the year 1997, in the amount of $63,10~.00 for the Capital Assistance
Programme; and $1,125,780.00 for the Transit Operating Assistance Programme.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 14 - SUSIN - VOLPATI'I - RESOLVED THAT a letter of condolence be forwarded to
the family of the late Thomas David MacMillan, a well-respe~ed citizen in the community.
AND the Seal of the Corporation be hereto affixed. :
Carried Unanimously
NO. 15 o HENDERSHOT - CUMMINGS - WHEREAS'Casino Niagara opened for
operation on December 9, 1996; AND WHEREAS attendance at Casino Niagara has been
extremely strong; AND WHEREAS during the weekends in' January and February of this
year long lines and waits of up to three (3) hours to enter the:casino are the rule rather than
the exception; AND WHEREAS while the strong attendarl,~ce figures are obviously very
positive for the City of Niagara Falls in filling hotels and reqtaurants that would otherwise
be empty, there is a concem that customers that have to stand in these long lines and wait
for extended periods of time will be turned off by this experience and not return to Niagara
Falls;
AND WHEREAS January and February are normally the slowest months for tourism in the
City of Niagara Falls and one can easily expect longer lines and lengthier waits for
customers during the peak tourist season from May to October thereby creating even
greater problems in this regard. NOW THEREFORE BE IT RESOLVED THAT that the
Council of The Corporation of the City of Niagara Falls resolves:
That a request to solve this problem be forwarded to the Ontario Casino Corporation
forthwith.
2. That a request be forwarded forthwith to the Ontario Casino Corporation to re-
evaluate the space requirements for the permanent casino.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that leave be granted to introduce the following by-laws and the by-laws be read a first
time:
9745
9746
A by-law to amend By-law No. 85-53, being a by-law for paying to persons
to whom overpayments are refunded.
A by-law to desienate an area as an Improvement Area and to establish for
such area a Board of Management.
9747
A by-law to pro~de for Appointments to certain Boards, Commissions and
Committees. (A~s & Culture Commission)
9748
A by-law to authorize the Transfer of Easement to The Regional Municipality
of Niagara for the purpose of constructing and maintaining a sanitary sewer
forcemain and other works appurtenant thereto.
9749
A by-law to authorize the transfer of road widenings to The Regional
Municipality of Niagara.
97-50
A by-law to amend By-law No. 79-200, as amended. (AM-21/96, Dr. Reddy,
5515 Portage Road)
97-51
A by-law to amend By-law No. 79-200, as amended. (AM-23/96, Brian
Sinclair, 2684 Mewburn Road)
97-52
A by-law to amend By-law No. 96-120 respecting the classes of development
that may be undertaken in site plan control areas. (PD-97-04, Pine Tree
Village)
97-53
A by-law to authorize the execution of an agreement with The Canadian Mail
Exchange for mail services.
97-54
97-55
97-56
A by-law to provide monies for General Purposes (March 3, 1997).
A by-law to authorize the execution of a subdivision agreement with 1198956
Ontario Limited respecting the Carol Subdivision Extension.
A by-law to amend By-law No. 79-200, as amended. (Re: AM-26/96,
Raymond Lutt, Dunn St., Stanley Avenue)
97-57 A by-law to amend By-law No. 79-200, aS arnended. (Re: AM-18/96)
The motion Carried with Aldermen Orr and Susin voting contrary to the motion on By-law
No. 9745 on conflicts of interest previously noted; and Aldermen Craitor, Cummings and
Hendershot abstaining from the vote on By-law No. 97-54 on conflicts of interest previously
noted and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, sect nded by Alderman Hendershot,
that the following by-laws be now read a second and thi~'d time:
9745
A by-law to amend By-law No. 85-53, being a by-law for paying to persons
to whom overpayments are refunded.
9746
A by-law to designate an area as an Improvement Area' and to establish for
such area a Board of Management. ..
9747
9748
A by-law to provide for Appointments to certain Boards, Commissions and
Committees. (Arts & Culture Commission) !,
A by-law to authorize the Transfer of Easement to The Regional Municipality
of Niagara for the purpose of constructing and maintaining a sanitary sewer
forcemain and other works appurtenant thereto.
9749
A by-law to authorize the transfer of roa:d widenings to The Regional
Municipality of Niagara.
97-50
A by-law to amend By-law No. 79-200, as arnended. (AM-21/96, Dr. Reddy,
5515 Portage Road) ,, ·
97-51
A by-law to amend By-law No. 79-200, as amended. (AM-23/96, Brian
Sinclair, 2684 Mewburn Road)
97-52
97-53
97-54
97-55
97-56
A by-law to amend By-law No. 96-120 respecting the classes of development
that may be undertaken in site plan control areas. (PD-97-04, Pine Tree
Village) ,
A by-law to authorize the execution of an agreement with The Canadian Mail
Exchange for mail services.
A by-law to provide monies for General P:Jrposes (March 3, 1997).
A by-law to authorize the execution of a suodivision agreement with 1198956
Ontario Limited respecting the Carol Subdivision Extension.
A by-law to amend By-law No. 79-200, as amended. (Re: AM-26/96,
Raymond Luft, Dunn St., Stanley Avenue')
97-57 A by-law to amend By-law No. 79-200, a.,., amended. (Re: AM-18/96)
The motion Carried with Aldermen Orr and Susin voting contrary to the motion on By-law
No. 9745 on conflicts of interest previously noted; and A~dermen Craitor, Cummings and
Hendershot abstaining from the vote on By-law No. 97-54; on conflicts of interest previously
noted and with all others voting in favour.
NEW BUSINESS
Chippawa Business Improvement Area
Alderman Pat Cummings referred to correspondence received in the Council
packages from the Chippawa BIA and suggested that the Council representatives make
an extra effort to attend all the meetings.
Illegal Stopping of Trucks at Restaurants/Donut Shops
Alderman Pat Cummings addressed the issue of large transport trucks illegally
stopping on Regional arterial roads while the driver visits a restaurant or donut shop, which
causes considerable traffic congestion problems and requested that staff look into the
matter.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
City Engineer contact the Region and Police Services and request them to initiate any
measures that may resolve these problems. Carried Unanimously.
Provincial Government's Education Plan
Alderman Norm Puttick ~eferred to an Education Plan of the Provincial Government
which is presently in the preparation stage.
Alderman Puttick advised that Mr. Terry Mundell, Chair, of the Association of
Municipalities had been appointed by the Province to head a Committee on Education and
suggested that a letter be fonNarded to AMO indicating if Mr. Mundell is being paid by the
Province, in any form, at this committee, that he is unable to represent the interests of the
municipalities, and to suggest that his expenses be paid by the municipalities.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that a
letter be forwarded to AMO indicating that the City does not believe that if Mr. Terry
Mundell is being paid by the Province, in any form, at this committee, that he is unable to
represent the interests of the municipalities and to suggest that his expenses be paid by
the municipalities. Carried Unanimously.
Gymnastics Lighting Club
Alderman Kim Craitor referred to the very successful Second Annual Gymnastica
event held by the Lighting Club and requested that a letter of congratulations be forwarded
to the Club for all their endeavOurs on a very successful event.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
a letter of congratulations be forwarded to the Gymnastics Lighting Club for all their
endeavours on a very successful event. Carried Unanimously.
10o
Regional Road Conditions
Alderman Bruce Ward expressed concerns regarding the condition of Regional
roads and to the lack of attention being given to the potholes and the ineffectiveness of
the patching methods on Regional roads. He requested that the Engineer contact the
Region with respect to these concerns and that increased attention be given to the matter.
ORDERED on the motion of Alderman Ward, seconded by Alderman Volpatti, that the
Engineer approach the Region with respect to the pothole concerns and that increased
attention be given on the matter. Carried Unanimously.
Water Meters
Alderman Bruce Ward indicated that concerns had been expressed by residents
with respect to the issue of having water meters. It was noted that the committee
concerning water meters become active again to consider and investigate the matter.
ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the
committee concerning water meter ~ become active again to consider and investigate the
matter. Carried Unanimously.
Closure of Mental Health Centre~,~.
Alderman Selina Volpatti ~ xpressed great concems regarding the closures of
Mental Health Centres and referred to the recent shooting of Jonathan Yu by Metro
Police. She advised that the Association of Schizophrenics would be providing a statement
in the near future on the recent shooting of Jonathan Yu by Metro Police.
Road Conditions of Morrison Street to Zimmerman Avenue
Alderman Judy Orr expressed concerns regarding the deplorable road conditions
of Morrison Street from the reilway tracks to Zimmerman Avenue. She was advised by
the City Engineer that the street was slated to be part of the sewer separation program
and that the matter would be investigated on whether anything can be done to remedy the
matter.
Level of Service of Volunteer Firefighters
Alderman Fermino Susin referred to comments made in the Niagara Falls Review
regarding the level of service provided by volunteer firefighters and Chief Corfield
commented favourably to the issue.
Library Board
His Worship Mayor Thomson referred to his appointment to the Library Board and
requested that Council consider Alderman Hendershot as an alternate member to the
Library Board during the Mayor's inability to attend the Board meetings.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that
Alderman Hendershot be appointed as an alternate representative to the Library Board.
Carried Unanimously.
11 -
Niagara Falls, South Island. New Zealand
His Worship Mayor Thomson referred to correspondenc received from Dr. C.L.
Brown-John providing information on a small town on the South Island of New Zealand
called Niagara Falls and suggesting that greetings be forwarded from the Mayor's Office
to Niagara Falls, New Zealand.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings,
that the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
NINTH MEETING
COMMITTEE-OF-THE-WHOLE
Committee Room 2
March 17, 1997
Council met on Monday, March 17, 1997 at 8:00 p.m. in Committee of the Whole.
All members of Council 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,
MAYOR WAYNE THOMSON
PLANNING MEETING
Council Chambers
March 17, 1997
Council met on Monday, March 17, 1997 at 7:00 p.m. for the purpose of considering
Planning and Regular Business Matters. All members of Council were present. Alderman
Judy Orr offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Cummings and Creitor indicated pecuniary interests on Report F-97-23,
Cheque Nos. M91827, M91826, 228004, M91844 and 227756 because members of their
family are employed by the recipient.
Aldermen Pietrangelo, Janvary and Campbell indicated pecuniary interests on
Communication No. 65 because they are employed by the School Board.
Alderman Orr, indicated a pecuniary interest on Report F-97-23, Cheque No.
M91846 because the recipients have an association with her employer; and indicated a
pecuniary interest on Item No. 97-04 because her Ward of the Court's dentist is the
applicant.
Alderman Susin indicated a pecuniary interest on Report PD-97-24 because he
holds a mortgage in the area.
Alderman Ward indicated a pecuniary interest on Report F-97-23, Cheque No.
227727 because he has a business interest.
Alderman Pietrangelo indicated a pecuniary interest on Report L-97-16 because his
family has an interest in testamentary devise.
Alderman Craitor indicated a pecuniary interest on Report F-97-23, Cheque No.
227796 because he is on the Board of Directors for the recipient; and indicated a pecuniary
interest on the Niagara Transit matter dealt with in Corporate Services because a member
of his family is employed by the accountant that prepared the year end statements.
DEPUTATIONS
The Masque Nightclub
At the invitation of Council, Ms. Dawne C. Jubb, The Trouble Shooters, Liquor
Licence Consultants and Wncent Petti provided information on the issues surrounding
The Masque Nightclub and requested that Council support a Resolution to have the Liquor
Licence Board of Ontario review The Masque Nightclub application.
- AND -
Communication No. 44 - Dawne Jubb, The Trouble Shooters - requesting Council to
support their request to the Liquor Licence Board to review the application of The Masque
Nightclub (Anthony & Vincent Petti) by way of a Resolution.
Communication No. 45 - Paul Juliar, Chairman, Downtown Niagara Falls Board of
Management- indicating that the Downtown Board of Management is in support of the
Liquor Licence Board reviewing their decision to disallow a liquor licence to the Masque
Nightclub.
Communication No. 46
Improvement Area
Constitution, Downtown Niagara Falls Business
Communication No. 47- Petition from Residents of the City of Niagara Falls - the
petition indicates opposition to anymore liquor or dance clubs in the downtown area.
His Worship Mayor Thomson thanked Ms. Jubb and Mr. Petti for their attendance
and presentation.
Following some discussion, it was ORDERED on the motion of Alderman
Cummings, seconded by Alderman Pietrangelo, that the Resolution submitted by The
Masque Nightclub and The Trouble Shooters be approved. The motion Carried with
Alde~ii~en Orr and Puttick opposed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that
a request be sent to the Police Chief and Superintendent Bevan requesting additional and
appropriate surveillance in the Queen Street area on weekends. Carried Unanimously.
See Resolution No. 21
CURRENT PLANNING MATTERS
PD-97-18 - Chief Administrative Officer- Re: Official Plan & Zoning Amendment
Appfication AM-2/97, 4136 Dorchester Road, Kenneth Crossman, Agent: Brian
Sinclair. The report recommends that Council not approve the requested OfFicial Plan
and Zoning By-law amendments to permit the existing dwelling to be partially demolished
and then enlarged and used as a dental office.
- AND -
Communication No. 48 - David J. Farley, Manager Current Planning, Regional
Municipality of Niagara - indicating the Region is not opposed to the approval of this
zoning application.
I
Communication No. 49 - Mr. & Mrs. Barry Smith - indicating opposition to the proposed
zoning application.
Communication No. 50 - Mr. John Barrie Corden & Mrs. Mary Geraldine Corden -
indicating opposition to the proposed zoning application.
Communication No. 51 - Mr. & Mrs. Gordon Clarke - indicating opposition to the
proposed zoning application.
Communication No. 52 - Mr. Don & Mrs. Dalia Briggs - indicating opposition to the
proposed zoning application.
Communication No. 53 - Brian Sinclair, Q.C., Barrister & Solicitor- petition containing
twenty-seven names of residents in the area of the zoning application that have no
objection to the approval of the zoning 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 by mailing to all effected and interested parties on February
14, 1997.
His Worship Mayor Thomson received indication that the applicant and his agent
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 Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the information included in Report PD-97-18;
Official Plan and Surrounding Land Use; Subdivision Design; Zoning; and the Public
Notification Process.
There was a positive response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of or opposed to the application.
Gordon Clarke, 4126 Dorchester Road spoke in opposition to the application and
handed out a petition against the application.
Jeffrey J. Wilker, Thomson Rogers, Barristers & Solicitors, 390 Bay Street, Suite
3100, Toronto, Ontario acting on behalf of his clients Bruce and Lori Mann, residing at
4116 Dorchester Road spoke in opposition to the application and requested Council to
refuse the application.
Brian Sinclair, Sinclair Crowe, Barristers & Solicitors spoke on behalf of his client,
Ken Crossman in support of the application and indicated that the property had been used
in the past as commercial uses.
Ken Crossman, 5311 River Road spoke in support of his application and presented
some sketches to Council.
- 4 -
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-2/97 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the application be denied. The motion Carried with Alderman Orr abstaining from the vote
on a conflict of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings to
Receive and File the correspondence with respect to Zoning Application AM-2/97. The
motion Carried with Alderman Orr abstaining from the vote on a conflict of interest
previously noted and with all others voting in favour.
PD-97-20 - Chief Administrative Officer- Re: Zoning By-law Amendment Application
AM-7/97, 577028 Ontario Limited, 5965 Barker Street. The report recommends the
following:
That Council approve the application to construct a three' unit dwelling at 5965
Barker Street and to rezone the lands from R2 to a modified R3 as the application:
is in confoiiiiity with the Official Plan; and
the variances requested are in part justified and do not offend good planning
practices and in part reflect the applicants desire to develop the lands in the
manner of their choice.
2. That Council approve the amending by-law for this application.
- AND -
Communication No. 54 - Judith MacCarthy, Chairperson, Friends of Historic
Drummondville - requesting that the zoning application not be approved to preserve the
former Drummondville heritage. :.
Communication No. 55 - Janice G. Wing, U.E. - indicating opposition to the proposed
zoning application.
Communication No. 56 - D.K. Cherrington, Manager, Servicing Review and
Approvals, Regional Municipality of Niagara - indicating the Region has no objections
to the proposed zoning application.
His Worship Mayor Thomson declared the Public Meetin, g open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Mee;~ing had been given in
accordance with Regulations by mailing to all effected and interested parties on February
14, 1997.
His Worship Mayor Thomson received indication that the applicants and their agent
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 Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the infon'nation included in Report PD-97-20;
Official Plan and Surrounding Land Use; Subdivision Design; Zoning; and the Public
Notification Process.
There was a positive response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of or opposed to the application.
Bob Foley, 4219 Briarwood Avenue spoke in opposition to the application and
indicated that the house may have been built in the early 1800°s and it may be the Peer
House which has significant heritage value. He requested Council to defer the matter until
the heritage value can be determined.
She,,an Zavitz, City of Niagara Falls Official Historian spoke in opposition to the
application and indicated that the home may be early 19th century. He also advised that
the Board of Museums is presently creating an inventory of historic homes in the area and
requested Council to ,defer the matter.
Janice Wing, 6018 Barker Street spoke in opposition to the application and indicated
that she titled searched the property and found out it was very old. She also indicated that
remodelling the hom~ : would not fit into the present surroundings on Barker Street.
Judith McCarthy, 6139 Summer Street, Chairman of Friends of Drummondvi/le
spoke in opposition to the application and requested Council to delay the application.
Peter Kelly, 5977 Barker Street spoke in opposition of the application and
addressed some concerns he had about his property which is directly beside the proposed
site which were resp~onded to by Brlan Sinclair, agent for the applicant and the City
Solicitor.
Kim Bubnick, 6,125 Barker Street spoke in opposition of the application.
Brian Sinclair, Sinclair Crowe, Barristers and Solicitors acting on behalf of the
applicant spoke in support of the application and indicated the owners were intending to
use this home for themselves and their family members
Frank Costantino, Costantino Construction spoke in support of the application and
indicated that the home was not 19th century and that there are many additions to the
house.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-7/97 closed.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the
application be deferred for three weeks to a/low for a report to be brought to Council from
LACAC. The motion Carried with Alderman Volpatti, Orr and Puttick opposed and with all
others voting in favour.
ORDERED on the motion of Alderman Craitor, seconded by Alders,an Campbell that the
correspondence be Received and Filed. Carried Unanimously.
PD-97-22 - Chief Administrative Officer- Re: Zoning Amendment Application AM-
3/97, 5785 & 5807 Ferry Street, Applicant: Greg Hynde - Hynde, Paul Associates,
Owners: A. Felici & C. Dilollo. The report recommends that Council approve the
required Zoning By-law amendment application subject to:
the amending by-law including a provision requiring a minimum of 25 pement
landscaped open space;
revisions to the site plan to improve parking including on and off-site traffic
circulation; and
the applicant landscaping the boulevard on Spring Street adjacent to the subject
site.
- AND -
Communication No. 57- David Jo Farley, Manager, Current Planning, Regional
Municipality of Niagara - indicating the Region is not opposed to the approval of the
zoning 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 by mailing to all effected and interested parties on February
14, 1997.
His Worship Mayor Thomson received indication that the applicants and their agent
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 Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the information included in Report PD-97-22;
Official Plan and Surrounding Land Use; Subdivision Design; Zoning; and the Public
Notification 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 or opposed to the application.
Greg Hynde, Hynde, Paul Associates acting on behalf of his clients A. Felici and C.
Dilollo spoke in support of the application and indicated that the height request was in
order to change the roof from a flat roof to a pitched roof and he further requested that the
landscaping be done to eighteen percent and will be brought up to twenty-five percent
when the construction is complete.
Stan Fza~arski, Archway Architects spoke in support of the application and indicated
that parking access can be provided on site from the parking tamp rather than having to
cross Spring Street.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-3/97 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the application be approved with access to parking being accommodated on site and
with a two year provision that the landscaping be brought up to twenty-five percent.
Carried Unanimously.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher that the
correspondence be Received and Filed. Carried Unanimously.
PD-97-23 - Chief Administrative Officer- Re: Zoning Amendment Application AM-
5/97, John Fiedorek, 6585 and 6525 Thorold Stone Road. The report recommends
that:
Council approve the application to rezone the subject lands to Neighbourhood
Commercial (NC), in order to recognize the existing restaurant and the proposed
parking area expansion, as it does not offend the Official Plan and should not
impact negatively on the adjacent lands should the parking area be properly
designed and constructed; and
the neighbouring residents be invited to participate in the site plan approval
process.
- AND -
Communication No. 58 - David J. Farley, Manager, Current Planning, Regional
Municipality of Niagara - indicating the Region has no objection to the approval of the
proposed zoning application.
Communication No. 59 - Mr. & Mrs. Don Woodruff - indicating some requests upon the
approval of the proposed zoning application.
Communication No. 60 - R.W. & C.L. McComber- indicating some requests upon the
approval of the proposed zoning 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 by mailing to all effected and interested parties on February
14, 1997.
His Worship Mayor Thomson received indication that the applicant 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 included in Report PD-97-23;
Official Plan and Surrounding Land Use; Subdivision Design; Zoning; and the Public
Notification Process.
There was a positive response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of or opposed to the application.
Rito Vetrone, 6457 Thorold Stone Road questioned who would pay the cost of the
six foot fence around John's Restaurant and the Director of Planning responded that it is
the applicanrs responsibility.
John Fiedorek, the applicant spoke in support of the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-5/97 closed.
ORDERED on the motion of AIdeR~ian Cummings, seconded by Alderman Creitor, that the
recommendations contained in Report PD-97-23 be approved. Carried Unanimously.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alde~an Volpatti that
the correspondence be Received and Filed. Carded Unanimously.
MISCELLANEOUS PLANNING MATTERS
PD-97-21 - Chief Administrative Officer - Re: Request for Removal of Part Lot
Control, Claude Avenue, Blocks f5 & 27, Registered Plan 59M-108. The report
recommends that:
Council approve the application and pass the appropriate By-law to designate
Blocks 15 & 27, Registered Plan 59M-108, as exempt from Part Lot Control; and
2. the applicant be required to enter into an agreement with the City and 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 Janvary, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
PD-97-24- Chief Administrative Officer- Re: Public Meeting Notification Official Plan
Tourist Commercial Resort Commercial and Theme Park Policies - Amendment No.
22. The report recommends that Council proceed with notification of a Public Meeting to
consider draft Official Plan Policies for TourYst Commercial, Theme Park designation and
related policies.
ORDERED on the motion of AIdeiiiian Cummings, seconded by Alderman Pietrengelo that
the report be received and adopted. The motion Carded with Alderman Susin abstaining
from the vote on a conflict of interest previously noted and with all others voting in favour.
PD-97-25 - Chief Administrative Officer- Re: Request for Extension to Draft Plan
Approval, Beaver Valley 26T-90022, Beaver Valley Realty Ltd. (R. Maves). The report
recommends that:
a Council resolution supporting a one-year extension to the Beaver Valley Draft
Plan of Subdivision e adopted conditional on the applicant submitting a photograph
to the Region showing the approp~Yate subdivision sign on the property which
complies with Municipal and Regional requirements; 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 Volpatti, seconded by Alderman Susin that the
report be received and adopted. Carded Unanimously.
See Resolution No. 22
PD-97-26, Chief Administrative Officer- Re: Request for Extension to Draft Plan
Approval, Bambi North Extension, 26T-92012 (Revised), 942328 Ontario Limited (S.
Pingue). The report recommends that:
Ii
a Council resolution supporting a one-year extension to the Bambi North Extension
Draft Plan of Subdivision be adopted conditional on the applicant updating and
maintaining the appropriate subdivision sign on the property which complies with
Municipal and Regional requirements; 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 Cummings, seconded by Alderman Janvary that the
report be received and adopted and that a condition be added to clean up the drainage
problem in Bambi North Extension. Carried Unanimously.
See Resolution No. 23
PD-97-27, Tourist Area Development Strategy Steering and Technical Committees.
The report recommends that City Council confirm the appointment to the Steering
Committee and Technical Advisory Committee.
ORDERED on the motion of AIde,,an Cummings, seconded by Alderman Fisher that the
report be received and adopted. Carried Unanimously.
COMMUNICATIONS
Communication No. 61 - Niagara Home Buildera' Association - Re: Proclamation. The
communication requests Council proclaim the month of April, 1997 as "New Homes
Month ".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the request be supported subject to established policy. Carried Unanimously.
Communication No. 62 - Canadian Cancer Society - Re: Proclamation. The
communication requests Council proclaim the month of March, 1997 as "Healthy Nutrition
Month ".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the request be supported subject to established policy. Carried Unanimously.
Communication No. 63 - City of St. Catharines - Re: Support of Resolution. The
communication requests that the City support the resolution regarding the transfer of social
services, long te,iii care and social housing to the taxpayer.
ORDERED on the motion of Alderman Campbell, seconded by Alders,an Ward, that the
correspondence be received and filed. Carried Unanimously.
Communication No. 64 - Missing Childran Society of Canada - Re: Proclamation. The
communication requests that Council proclaim the week of May 25 - 31, 1997 as "National
Missing Children's Week" and that residents be encouraged to turn their porch lights on
for one hour in the evening of May 25th to light the way home for missing childran.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
the request be supported subject to established policy. Carried Unanimously.
Communication No. 65- The Corporation of the Town of Ridgetown - Re: Resolution.
The communication requests that Council support the resolution regarding significant
changes by the Province of Ontario to the govemance and service delivery in the Public
Sector areas of Municipalities, Education and Health Care.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
correspondence be received and filed. The motion Carried with Alderman Janvary,
Pietrangelo and Campbell abstaining from the vote on a conflict of interest previously noted
and with all others voting in favour.
- 10-
Communication No. 66 - Niagara Women In Crisis - Re: Permission for Banner Hanging.
the communication requests that Council support the hanging of a banner on Stanley
Avenue at Arthur Street advertising Niagara Women In Crisis annual Book Riot at Optimist
Hall from May 8 to May 11, 1997.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that the
request be supported subject to established policy. Carded Unanimously
REPORTS
MW-97-29 - Chief Administrative Officer - Re: Award of Tender 97-06 - Supply of
Materials & Services for Pavement Markings. The report recommends that:
the low bid, 463051 Ontario Limited, c/o Terdo Road Markings, be accepted and
that;
the Pavement Marking Program be expanded to include a second appficafion of
markings on various roads within the city, up to the budgeted amount of $50,000.00
and that;
3. the by-law appearing on tonight's Council agenda be given the necessary readings
to authorize the execution of the tender for the supply of material and services for
pavement markings.
ORDERED on the motion of Alderman Ward, seconded by Alderman Creitor, that the
report be received and adopted. The motion Carded with Alderman Orr abstaining from
the vote on a conflict of interest previously noted and with all others voting in favour.
See By-law No. 97-59
MW-97-30 - Chief Administrative Officer - Re: Contract 97-148-96, Montrose Road
Watermain Kinsmen Court to Lundy~ Lane. The report recommends that the unit prices
submitted by the low tenderer, V. Gibbons Contracting Ltd. be accepted and the by-law be
passed.
ORDERED on the motion of AIde~ian Cummings, seconded by Alderman Susin, that the
report be received and adopted. Carded Unanimously.
See By-law No. 97-60
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Aldeiiiian Cummings,
that the actions taken on the following matters by the Community Services Committee
earlier this evening be approved:
1. Approval of the February 17, 1997 Minutes;
L-97-19 - LaHacienda Portable Sign - that the request to permit a portable sign on
a road allowance of the LaHacienda Dining Lounge and Tavern on Lundy's Lane
be referred to sta~..
MW-97-31 - Landfill Tipping Fees and Credit System - that a Tipping Fee at the
City's landfill be reduced to $65/t effective March 19, 1997 and that Tipping Fee
Credits for 1997 be issued for 7/12 of the fiscal year to establish a calendar year
anniversary date.
MW-97-23 - Building Report for January and February - receive and file the January
and February Building Report.
11 -
MW-97-34 - Road Condition on Morrison Street - receive and file the info,,ation
report on the conditions of the mad on Morrison Street between the railway and
Zimmerman Avenue.
Receive information on relocation of the mailbox on Gallinger Street, pot hole
patching on Regional Roads, composter truck sale event on Saturday, May 10 from
8:00 a.m. to 3:00 p.m. at the Zellers/IGA plaza, train whistling at the Bender Street
crossing and on-street parking enforcement in the area of the Interim Casino.
New Business
Region to be requested to undertake road rehabilitation on Portage Road near the
hospital
Staff investigate a spotlight on the Cell Block on Queen StreeL
Carried Unanimously.
RA TIFICA TION CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the actions taken on the following matters by the Corporate Services Committee earlier
this evening be approved:
Disclosure of Pecuniary Interests
Alde,,an Cummings indicated a pecuniary interest on Report F-97-23, Cheque
Nos. M91827, M91826, 228004, M91844 and 227756, because a member of his family is
employed by the recipienL
Alderman Ward indicated a pecuniary interest on Report F-97-23, Cheque No.
227727 because he has a business interest.
Alderman Orr indicated a pecuniary interest on Report F-97-23, Cheque No.
M91846 because the recipient has an association with her employer.
That the minutes of the February 10, 1997 Corporate Services Meeting be adopted
as recorded.
That the tender submitted by Niagara Computes of Niagara Falls in the amount of
$103, 422.95 for the supply of computer equipment be accepted.
That the 1996 year-end financial statements for Niagara Transit and Niagara Chair-
A-Van be received and filed.
That the request re: fees for the proposed addition to the Church of the Latter Day
Saints be referred to Staff.
That the statement of remuneration and expenses for Members of Council,
Committee of Adjustment and Recreation Commission be received for information
and that a further report be submitted detailing expenses of all Committees
appointed by the City. Alderman Puttick opposed.
That the Mayors salary be increased over a two-year period by $2,500 each year.
Motion tabled.
-12-
That Staff prepare a report showing a comparison of Mayors salaries in five other
communities of comparable size.
That the Municipal Accounts totalling $2,437, 049.85 for the period ending March 17,
1997 be approved.
7. That the correspondence from Irene Plosczansky-Kis be referred to staff
That the request for additional funding for the Niagara District Airport Commission
be recommended contingent upon approval of the other municipalities involved.
Alderman Orr opposed.
That a one-year deferral of the 1997 repayment of the principal on the YMCA's
mortgage to the City be approved.
10.
That a donation in the amount of $200 be approved for the Niagara 97 Intemational
Camporee of Canadian-American and British Scouts.
The motion Carried with Alderman Cummings, Ward and Orr abstaining from the vote on
Report F-97-23 on a conflict of interest previously noted and with all others voting in favour.
See By-law No. 97-62
L-97-14 - Chief Administrative Officer- Re: Sign Permit Application - Commisso ~
Food Market, 3900 Portage Road. The report recommends that City Council approve the
application for a ground sign having a height of thirty-five feet, six inches (35'6'~ for
Commisso's Food Market Plaza on the east side of Portage Road.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the report be received and adopted. Carried Unanimously.
L-97-16 - Chief Administrative Officer- Re: Hipwell Agreement with the City Building
Permit - Testamentary Devise, South Side of Call Road. The report recommends that
Council authorize the execution by the Mayor and Clerk of an Agreement dated February
27, 1997 between Ronald Shane Hipwell and Sandra Marianne Hipwell and the City
regarding application for a Building Permit.
ORDERED on the motion of Alderman Susin, 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. 97-61
RESOLUTIONS
NO. 16 - FISHER - PUTTICK - RESOLVED that the Provincial Govemment be urged to
enter into an agreement with the Federal Govemment to participate in the extended
Infrastructure Program.
AND The Seal of the Corporation be hereto affixed. Carried Unanimously
NO, f7 - PUTTICK - HENDERSHOT- RESOLVED that a message of condolence be
forwarded to the family of the late Audrey Jean Oliver, a well-respected member of her
community and mother-in-law of Mr. Tony Ravenda, Director of Corporate Services.
AND the Seal of the Corporation be hereto affixed. Carried Unanimously
NO. 18 - CUMMINGS - HENDERSHOT- RESOLVED that a message of condolence be
forwarded to the family of the late Dante Frank MarineIll, Solicitor with the law firm of
Brodedck, MarineIll, Amadio, Hopkins, Kirkham, and well-respected citizen of the
community through his involvement in the United Way, Brock University and the Special
Olympics.
AND the Seal of the Corporation be hereto affixed. Carried Unanimously
13 -
NO. 19 - CUMMINGS - VOLPATTI - RESOLVED that a message of condolence be
forwarded to the family of the late Robert Duncan Nicholson, father of Rob Nicholson and
well-respected citizen of the community.
AND the Seal of the Corporation be hereto affixed. Canfed Unanimously
NO. 20 - JANVARY - PIETRANGELO - RESOLVED that a letter of condolence be
forwarded to the family of the late Pamela Anne Bailey, daughter of Mrs. Beatrice Bailey,
a former employee of the City's Planning Department.
AND the Seal of the Corporation be hereto affixed. Canfed Unanimously
NO. 21 - CUMMINGS - PIETRANGELO - RESOLVED that City Council advise the Liquor
Licence Board of Ontario that the application for liquor licence by the principals of The
Masque Nightclub (Vincent and Anthony Petti) be reconsidered in view of the following
conditions and Council request the issuance of the licence as it would be in the Public
Interest given the needs and wishes of the residents of the municipality subject to these
terms and conditions;
that no person under the age of 19 years be permitted entry or allowed to remain
in the licensed premises from 9:00 p.m. to 3:00 a.m.; and
that the licence employ two designated security staff to patrol the outside area
around the premises on Friday and Saturday nights from 10:00 p.m. until 3:00 a.m.;
and
(c) that there be no adult entertainment in the licensed premises.
AND the Seal of the Corporation be hereto affixed. Canfed Unanimously
NO. 22 - VOLPA TTI - SUSIN - RESOLVED that the Council of the Corporation of the City
of Niagara Falls hereby supports a one-year extension to the Beaver Valley Plan of
Subdivision and that the Regional Municipality of Niagara be so informed; conditional on
the applicant submitting a photograph to the Region showing the appropriate subdivision
sign on the property that complies with Municipal and Regional requirements.
AND the Seal of the Corporation be hereto affixed. Canfed Unanimously
NO. 23 - CUMMINGS - FISHER - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby supports a one-year extension to the Bambi North Plan of
Subdivision and that the Regional Municipality of Niagara be so informed; conditional upon
the applicant correcting the grading within the subdivision and submitting a photograph to
the Region showing the appropriate updated subdivision sign on the property that complies
with Municipal and Regional requirements.
AND the Seal of the Corporation be hereto affixed. Canfed Unanimously
NO. 24- PIETRANGELO- VOLPA TTI- RESOLVED that Municipal Council express it's
concern with the opposition to Bill 84 and in particular Part 9 as is a matter of local concem
and deputations should be made to the local municipalities.
AND the Seal of the Corporation be hereto affixed. Canfed Unanimously
RA TIFICA TION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of AIdeiiiian Cummings, seconded by Alderman Janvary, that
the actions taken on the following matters by the Committee-of-the-Whole eadier this
evening be approved. Canfed Unanimously.
ORDERED on the motion of Alden,an Cummings, seconded by Alderman Janvary, that
the Report L-97-17 with respect to Canadian Pacific Railway be Received and Filed.
Canfed Unanimously.
311
14 -
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti that
Municipal Council express irs concem with the opposition to Bill 84 and in particular Part
9 as is a matter of local concem and deputations should be made to the local
municipalities. The motion Carried with Alderman Susin abstained from the vote on a
conflict of interest because members of his family are volunteer firefighters.
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:
97-58 WITHDRAWN
97-59
A byqaw to authorize the execution of an agreement with 463051 Ontario
Limited operating as Terrfo Road Markings respecting the supply of materials
and services for pavement markings.
97-60
A by-law to authorize the execution of an agreement with V. Gibbons
Contracting Ltd. respecting Montrose Road watermain from Kinsmen Court
to Lundy's Lane.
97-61
A by-law to authorize the execution of an agreement with Ronald Shane
Hipwell and Sandra Marianne Hipwell as a condition of building permit
application.
97-62 To authorize monies for General Purposes (March 17, 1997).
The motion Carried with Aldermen Cummings, Craitor, Orr, Ward abstaining from the vote
on By-law No. 97-62, on conflicts of interest previously noted and with all others voting in
favour.
ORDERED on the motion of Alderman Cummings, seconded by Aldeiiiian Pietrangelo, that
the following by-laws now be read a second and third time:
97-58 WITHDRAWN
97-59
A by-law to authorize the execution of an agreement with 463051 Ontario
Limited operating as Terdo Road Markings respecting the supply of materials
and services for pavement markings.
97-60
A by-law to authorize the execution of an agreement with V. Gibbons
Contracting Ltd. respecting Montrose Road watermain from Kinsmen Court
to Lundy's Lane.
97-61
A by-law to authorize the execution of an agreement with Ronald Shane
Hipwell and Sandra Marianne Hipwell as a condition of building permit
application.
97-62 To authorize monies for General Purposes (March 17, 1997).
The motion Carried with Aldermen Cummings, Craitor, Orr, Ward abstaining from the vote
on By-law No. 97-62, on conflicts of interest previously noted and with all others voting in
favour.
I
15 -
NEW BUSINESS
Fort Erie Racetrack
ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell that the
Mayor and appropriate staff be able to offer assistance from the City of Niagara Falls to the
Town of Fort Erie in their efforts to save the Fort Erie Racetrack. Carried Unanimously.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the meeting be adjourned. Canfed Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
TENTH MEETING
COMMITTEE-OF- THE-WHOLE
Committee Room #2
March 24, 1997
Council met on Monday, March 24, 1997 at 6:30 p.m. in Committee of the Whole.
All members of Council, were presenL Alderman Victor Pietrangelo presided as Chaiiman.
Following consideration of the items presented, the Committee of the Whole rose
to report in open session.
READ AND ADOPTED,
"'Yi'
RO K
MAYOR WAYNE THOMSON
REGULAR COUNCIL MEETING
Council Chambers
March 24, 1997
Council met on Monday, March 24, 1997 at 7:00 p.m. for the purpose of considering
Regular Business Matters. All members of Council, were presenL Alderman Norm Puttick
offered the Opening Prayer.
ADOPTION OF MINUTES
Aldermen Orr and Puttick requested that the minutes of March 17, 1997 be
amended to reflect their opposition to have the Liquor Licence Board of Ontario review The
Masque Nightclub application.
Alderman Susin requested that the minutes of March 17, 1997 be amended to
reflect his conflict of interest to the matter dealing with Bill 84 and in particular Part 9
because mez~bers of his family are volunteer firefighters.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the Minutes of the Regular Meeting of March 3, 1997 be adopted as printed, and that
the Minutes of the Planning Meeting of March 17, 1997 be adopted as amended. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Craitor and Cummings indicated pecuniary interests on Report F-97-25,
Cheque No. M91858 because members of their families are employed by the Region; and
indicated pecuniary interests on Report Nos. CD-97-11, CD-97-12, and CD-97-13 because
they are involved with organizations that hold bingos.
Aldermen Campbell, Janvary and Pietmngelo indicated pecuniary interest on Report
F-97-25, Cheque Nos. 228134; 228135 because they are employed by the School Board.
Alderman Craitor indicated a pecuniary interest on Report F-97-25, on Cheque No.
228180 because the recipient is his employer.
Alderman Pietrangelo indicated a pecuniary interest on Report F-97-25, Cheque No.
228140 because he is employed by the School Board.
Aldei~iian Susin indicated a pecuniary interest on Report MW-97-37, because his
mother resides in the area; and indicated a pecuniary interest on Report F-97-25, Cheque
No. M91850, because members of his family are volunteer firefighters.
Alderman Ward indicated a pecuniary interest on Report PD-97-28, because he has
a business interesL
DEPUTATIONS
1997 Niagara Super City Walk for Multiple Sclerosis
Ms. Belinda Yorke, 1997 Niagara Super City Walk Chair, introduced Mr. Chris
Biasucci and provided information on the Third Annual Super City Walk for Multiple
Scleresis event, being held on Sunday, April 20, 1997 at the Optimist Club; she thanked
Mayor Thomson and members of Council for their support and participation in the event.
Ontario Nurses Association
Ms Joanne Shannon, President, Ontario Nurses Association at the Greater
Niagara General Hospital referred to the Provincial govemmenrs funding cuts to
hospitals; discussed the hiring of an American consulting firm, E.C. Murphy Ltd., by the
Greater Niagara General Hospital and of the Hospitars Re-engineering and New
Organizational Structures, and of opposition to an American style of healthcare deftvery.
Ms. Shannon referred to the establishment of a Management Task Force to
examine the future roles of nurses and of her request to be included on the Task Force
to provide a frontline nursing prospective on the plans and discussions that would effect
how patient care was to be delivred.
Ms. Shannon asked for Council support of the Ontario Nurses Association's
request to achieve full participation and input from frontline staff members in the
engineering process at the Greater Niagara General Hospital.
Following some discussion, it was ORDERED on the motion of Alderman
Hendershot, seconded by Alderman Puttick, that Council support the request, in principle
and that a letter be forwarded to the Hospital Board on the matter. Carried Unanimously.
COMMUNICATIONS
Communication No. 67a) - Canadian Cancer Society- Re: Proclamation. The
communication requests that Council proclaim April, 1997 as "Cancer Awareness Month
in the City of Niagara Falls"
ORDERED on the motion of Alderman Volpatti, seconded by Aldef~i~an Pietrangelo, that
the request be approved subject to established policy. Carried Unanimously.
- 3 -
Alderman Hendershot advised that the Tower Climb for Cancer would be held at
the Sky/on Tower on April 5, 1997 from 9 a.m. to 1 p.m. and invited everyone to participate.
Communication No. 67b) Campaign Life Coalition, Niagara - Re: Proclamation. The
communication requests that Council proclaim the week of May 11 - May 17, 1997 as
"Respect for Life Week".
ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that the
request be approved subject to established policy. The motion Carried with Alderman
Volpatti voting contrary to the motion and with all others voting in favour.
Communication No. 68 - City of Peterborough - Re: Smoking Regulations Province-
wide. The communication requests that Council endorse a resolution requesting the
Government of Ontario to enact standard regulations regarding smoking in public places.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that the
request be supported. Carried Unanimously.
Communication No. 69 - Corporation of the Town of Belle River- Re: 1997 Municipal
Elections. The communication requests that Council consider a resolution requesting that
the Provincial government be requested to delay the 1997 municipal elections until the
restructuring process is complete.
ORDERED on the motion of AIdeiiiian Cummings, seconded by Alderman Volpatti, that
the communication be received and filed. Carried Unanimously.
Communication No. 70 - Township of Biddulph - Re: Ontario Farm Rebate Program.
The communication advises that a resolution be forwarded to the Govemment of Ontario
requesting that it give its assurance that non farm and non managed forestry properties will
not experience property tax increases as a result of the program transfer,' and that should
such action and requirement become a contributing factor to a property tax increase that
the Government of Ontario accept responsibility and undertake to provide municipalities
with financial assistance that is sufficient and adequate to negate any resulting increase
to property taxation.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the
request be supported. Carried Unanimously.
Communication No. 71 - Town of Markham - Re: Municipal Citizenship Ceremonies.
The communication indicates that the Federal Govemment has announced the
discontinued practice of holding Citizenship Courts to commemorate the citizenship of new
Canadians effective immediately and advises that the Town of Markham advocates that
the Federal Govemment empower municipalities across Canada to continue the tradition
of welcoming new Canadian citizens through formal citizenship ceremonies to be held in
their own communities.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the communication be received and filed. The motion Carried with Aldeiiiian Craitor voting
contrary to the motion and with all others voting in favour.
Communication No. 72 - City of Scarborough - Re: Communication from Associated
Municipalities of Ontario - AMO Municipal Alert, AMO Meets with Key Ministers to Discuss
"Who Does What". The communication requests Council support a resolution urging
AMO to support nothing short of a complete rewriting of the Who Does What reforms and
the absolute rejection of the Province's megacity proposal.
ORDERED on the motion of Alde,,,an Cummings, seconded by Alderman Pietrangelo, that
the request be supported. Carried Unanimously.
Communication No. 73 - Weir & Foulds - Re: Official Plan Amendment No. 14 and
Zoning By-law 95-260. The communication attaches a Notice of Abandonment, pursuant
to the Rules of Civil Procedure.
ORDERED on the motion of Alderman Susin, seconded by Alderman Hendershot, that the
communication be received and filed for the information of Council. Carried Unanimously.
REPORTS
MW-97-36 - Chief Administrative Officer- Re: Windsor Crescent Local Improvements,
Curb and Gutter. The report recommends that this report be received for information and
filed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
report be received and filed for information. Carried Unanimously.
MW-97-37- Chief Administrative Officer- Re: Morden Drive and Law Avenue Local
Improvements; Curb and Gutter. The report recommends that the City of Niagara Falls
initiate a Local Improvement By-law under Section 12 ct' the Local Improvement Act, for
curb and gutter on Morden Drive from Stanley Avenue to Duke Avenue and on Law
Avenue from Morden Drive to Morrison Street.
ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Campbell, that
the report be received and adopted. The motion Carried :with Alderman Susin abstaining
from the vote on a conflict of interest previously noted and with all others voting in favour.
MW-97-38 - Chairperson, Municipal Parking & Traffic Committee - Re: Municipal
Parking & Traffic Committee - Recommendations March 18, 1997 Meeting. The
report recommends the following:
MW-97-32 - Request for Sidewalk Parking - Promotiona! Purposes - CJRN - that CJRN's
request to park a promotional vehicle in front of two entei~tainment establishments, along
Queen Street, during special promotional events (to be determined 24 hours in advance
of each event), be approved, subject to the conditions ~,'et out in Report No. MW-97-32;
MW-97-25 - Peer St. at Allendale Avenue and Peer Lan~: at Allendale Avenue Intersection
Control Review- that 1) a stop sign be installed on the evest approach of Peer Street at
Allendale Avenue; and 2) that a stop sign be installed o~ the east approach of Peer Lane
at Allendale Avenue;
MW-97-28 - Lundy's Lane at Domhester Road - School Crossing Guard Request - that an
additional school crossing guard be assigned to assist children crossing the intersection
of Lundy's Lane and Dorchester Rd. during school dayS'
MW-97-14 - Pettit Avenue at Doreen Drive - School Cro~ising at ChenTwood Acres School
- that 1) a crossing guard not be assigned at the interseition of Pettit Avenue and Doreen
Drive; 2) that additional signing be added; 3) that a stop bar be applied on the east
approach of Doreen Drive at Pettit Avenue; :
MW-97-35 - River Road - Permit Parking - that 1) parking be permitted for 15 minutes, on
the west side of River Rd. from Eastwood Crescent to a point 53m south of Eastwood
Crescent; 2) that pe~iiit Parking restrictions be removed, on the west side of River Road
from Eastwood Crescent to a point 53m south of Eastwood Crescent; 3) that comer
restrictions be installed on the north-west and south-west comers of the intersection of
Eastwood Crescent and River Road; and 4) that these suggested changes be forwarded
to the Niagara Parks Commission for their review and approval;
MW-97-33- Tourist Core pay parking - Changes to hours of Operation - that 1) the on-
street metered parking hours be extended to midnight within the tourist core; 2) that the
pay period hours be extended to 3:00 a.m. in all parking lots within the tourist core; and 3)
that the overnight parking by-law be amended to allow on-street parking until 3:00 a.m.
within the business districts only;
Shriners Request for Free-Parking - June 7 and 8, 1997 - that 1) the Shriners be given
4000 parking passes, from the Chamber of Commerce, to park in all Municipal Parking Lots
and at all on-street parking meters free of charge; and 2) that staff review the current policy
with regards to free parking and the Chamber of Commerce issuing parking perTnits for
special events, conferences and conventions.
ORDERED on the motion of Alderman Ward, seconded by AIderrnan Fisher, that the report
be received and adopted. The motion Carried with Alderman Orr voting contrary to the
motion on Report MW-97-32 and Alderman Puttick voting contrary to Item #7 on the issue
of free parking and with all others voting in favour.
See By-law No. 97-65
See By-law No. 97-66
See By-law No. 97-67
See By-law No. 97-68
F-97-25 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that Council approve the accounts totalling $17, 792, 102.03 for the period
ending March 24, 1997.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo ,
that the report be received and adopted. The motion Canfed with Aldermen Craitor,
Cummings, Campbell, Janvary, Pietrangelo, Susin and Ward abstaining from the vote on
conflicts of interest previously noted and with all others voting in favour.
!
See By-law No. 97-69
PD-97-28 - Chief Administrative Officer- Re: Application for Site Plan Approval;
SPC- 1/97, 6158 Main Street; Proposed Night Club. The report recommends that Council
consider the input from the residents on the site plan for the proposed night club at 6158
Main Street and refer these concems to staff for further review and discussion with the
applicanL
- AND -
Communication No. 74 - Site Proposal for Coca Cola Building,
Niagara Falls, Ontario; Plush Restaurant and NiteClub.
6158 Main Street,
Communication No. 75 - Correspondence from Mr. & Mrs. Beaton. The
communication expresses concems with regard to parking; vandalism and noise.
Communication No. 76 - Correspondence from Mr. & Mrs. F. Paoenssa. The
communication expresses concerns with regard to safety, noise, traffic and parking.
Communication No. 77- Correspondence from Cheryl Wyllie. The communication
expresses concerns regarding safety; noise, devaluation of property.
Communication No. 78- Correspondence from Mrs. Nancy Eidt. The communication
expresses concems with regard to noise levels from the proposed nightclub; the proximity
of the club to a children's park and the residential area; parking; the hours of operation,
and concerns regarding safety and peace and quiet in the neighbourhood.
Communication No. 79 - Correspondence from the Congregation of Main Street
Baptist Church. The communication expresses concems on parking, traffic, landscaping
and lighting for the proposed establishment and attaches a petition from the congregation
of Main Street Baptist Church.
The Director of Planning and Development advised that the purpose of the meeting
was being held for the purpose of affording the residents in the vicinity of the proposal an
opportunity to express any concems or opinions they might have with respect to the
proposed development. He indicated that the public meeting was not a legislative
requirement under Provincial Legislation, but that it was a long standing practice of the City
to encourage public input with respect to developments in their area.
His Worship Mayor Thomson received indication that the applicant, Mr. George
Farkas, and Mr. Henry Mueller 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.
Reverand Ph~ip Valpel, All Saints Christ Church, expressed concems on the
following issues: incompatible land use; parking; garbagE,' vandalism; security and the
maintenance of the building and grounds.
Mr. Art Botyanski, 6183 Main Street, expressed traffic concems in the area and
his inability to rent out his properties due to proposed nign,.Pclub.
Mr. Tony Paeonessa, 5742 Robinson Street, expressed traffic concems, noise
problems, vandalism, parking and the safety of the children in a residential area.
Mr. Mike Whitcomb expressed traffic and parking~concems in the area. It was
suggested that he forward a letter to the Mayors Office req~esting that No Parking Signs
be posted in the area.
Mr. Robert Kerr, Main Street Baptist Church, expressed parking and traffic
concerns; lighting and landscaping issues and stated that;'the proposal would create a
negative impact on the family-oriented neighbourhood.
Mr. L. O'Laughlin, 5877 Delaware, expressed concerns regarding traffic fatalities
in the area and the volume of cars that will be exiting from the night club.
Nancy Topping, 5790 Robinson, expressed concerns with regard to vandalism,
security and parking.
Melanie Telford, 5941 Delaware Street, expressed concems that the area could
become a drug use area; the safety of her children and the nightly noise and music from
the proposed night club. She stated that this was an old est~Dlished neighbourhood and
that the proposed application would have a negative impact ~on the neighbourhood.
Mr. Henry Mueller, provided background information On the proposed ranovations;
parking and landscaping; the hiring of security personnel and maintenance of the property;
and introduced the proponents, Mr. George Farkas, Mr. Walter Vrbos and Mr. Nick
Vrbos.
Mr. Nick Vrbos responded to the concems of the residents and advised of the use
of indoor valet parking; the maintenance and cleanup of the premises after hours; stated
that no underage patrons would be permitted on the premises; referred to the hiring of
experienced security personnel; and the establishment of a lounge area.
Following the discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alde,,an Orr, that the report be received and adopted and further, that
interested residents be involved in the discussions. The motion Carried with Alderman
Ward abstaining from the vote on a conflict of interest previously noted and with all others
voting in fayour.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Orr, that the
correspondence be received and filed. Carried Unanimously.
- 7 -
CD-97-11 - Chief Administrative Officer - Re: Amendments to the Municipal Bingo
Policy. The report recommends the following:
That the event calendar be revised to eliminate independent bingo events that are
no longer being conducted.
That the breakfast bingo and late aftemoon bingo time slots be reduced to one
event only and that this time slot remain as a trial period for 3 months.
That the midnight session on Friday evenings be cancelled and that it be moved to
Sunday evening and this time slot remain as a trial period for 3 months.
4. That the start and finish times of the bingos be revised as indicated.
ORDERED on the motion of Alderman Volpatti, seconded by Aldefii~an OfT, that the report
be received and adopted. The motion Canfed with Aldermen Creitor and Cummings
abstaining from the vote on conflicts of interest previously noted and with all others voting
in favour.
CD-97-12 - Chief Administrative Officer - Re: Casino Impact on Bingo Attendance.
The report recommends the following:
1. That this report be received for the information of Council.
2. That a copy of this report be forwarded to the Gaming Control Commission.
3. That a copy of this report be forwarded to the Niagara Falls Casino Monitoring
Committee.
ORDERED on the motion of Alderman Volpatti, seconded by Aldeiii~an Orr, that the report
be received and adopted. The motion Canfed with Aldermen Craitor and Cummings
abstaining from the vote on conflicts of interest previously noted and with all others voting
in favour.
CD-97-13 - Chief Administrative Officer- Re: Bingo Totals for 1996. The report
recommends that this report be received for the information of Council.
ORDERED on the motion of Alderman Volpatti, seconded by Aldeiiiian Orr, that the report
be received for the information of Council. The motion Canfed with Aldetiiien Craitor and
Cummings abstaining from the vote on conflicts of interest previously noted and with all
others voting in favour.
CD-97-14 - Chief Administrative Officer- Re: Special Occasion Permit, Stamford
Skating Club. 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 AIde~iiian Pietrangelo, seconded by Alderman Craitor, that
the report be received and adopted. Canfed Unanimously.
CD-97-15 - Chief Administrative Officer - Re: Municipal Elections Act, f996. The
report recommends that the information contained in this report be received and filed for
info~i,ation purposes.
ORDERED on the motion of Alderman Orr, seconded by Alderman Fisher, that the report
be received and filed for information. Canfed Unanimously.
RA TIFICA TION OF COMMITTEE-OF- THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Janvan/, seconded by Alderman Pietrengelo, that
the actions taken on the following matters, earlier this evening be approved:
That the services of a consulting firm be retained at an approximate cost of $15, 000. 00.
The motion Carried with Alderman Orr voting contrary to the motion and with all others
voting in favour.
RESOLUTIONS
NO. 25 - CAMPBELL - HENDERSHOT- RESOLVED THAT Alde,,an Kim Craitor be
appointed Acting Mayor for the period of Mamh 30, 1997 to April 6, 1997 inclusive; during
the absence of His Worship Mayor Wayne Thomson.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 26-PIETRANGELO-VOLPATTI-RESOLVED THAT a message of condolence
be forwarded to the family of the late Teresa Helen Morocco, a well-respected member
of her community.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 27 - CUMMINGS - FISHER - RESOLVED THAT a message of condolence be
forwarded to the family of the late Guido Baldinelli, a well-respected member of the
community.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 28 - CUMMINGS - FISHER - RESOLVED THAT a message of condolence be
forwarded to the family of the late Grace Elizabeth Frances (Betty), a well-respected
member of her community.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Aldef~i~an Pietrangelo,
that leave be granted to introduce the following by-laws and the by-laws be read a first
time:
97-63
A by-law to amend By-law No. 79-200, as amended. (AM-25/96, Buddhist
Temple)
97-64
A by-law to designate Blocks 15 and 27 on Registered Plan No. 59M-I08 not
to be subject to part lot control. (Report PD-97-21, Claude Avenue)
97-65
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Part II - Stopping, Standing & Parking)
97-66
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Stop Signs)
97-67
A by-law to amend By-law No. 96-50, being a by-law to provide for
establishing parking lots in the City of Niagara Falls, and for regulating,
supervising and goveming the parking of vehicles in various municipal
parking facilities therein and charging a fee for such parking.
97-68
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking Meters)
97-69
A by-law to authorize monies for General Purposes (Mamh 24, 1997)
97-70 A by-law to authorize the execution of an agreement with St. Lawrence &
Hudson Railway Company Limited to provide for the cessation of locomotive
whistling at the Bender St. rail crossing.
The motion Carried with Aldermen Craitor, Cummings, Campbell, Janvary, Pietrangelo and
Susin abstaining from the vote on By-law No. 97-69 on conflicts of interest previously noted
and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Aldetit~an Pietrangelo, that
the following by-laws now be read a second and third time:
97-63
A by-law to amend By-law No. 79-200, as amended. (AM-25/98, Buddhist
Temple)
97-64
A by-law to designate Blocks 15 and 27 on Registered Plan No. 59M- 108 not
to be subject to part lot control. (Report PD-97-21, Claude Avenue)
97-65
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Part II - Stopping, Standing & Parking)
97-66
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Stop Signs)
97-67
A by-law to amend By-law No. 96-50, being a by-law to provide for
establishing parking lots in the City of Niagara Falls, and for regulating,
supervising and goveming the parking of vehicles in various municipal
parking facilities therein and charging a fee for such parking.
97-68
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking Meters)
97-69
A by-law to authorize monies for General Purposes (March 24, 1997)
97-70 A by-law to authorize the execution of an agreement with St. Lawrence &
Hudson Railway Company Limited to provide for the cessation of locomotive
whistling at the Bender St. rail crossing.
The motion Carried with Aldermen Craitor, Cummings, Campbell, Janvary, Pietrangelo,
and Susin abstaining from the vote on By-law No. 97-69 on conflicts of interest previously
noted and with all others voting in favour.
NEW BUSINESS
Development Charges Meeting
Alderman Norm Puttick advised that the Development Charges Public meeting
would be held on March 28, 1997 at 10 a.m. at the Parkway Ramada in St. Catharines.
Body Rub Parlours
Alderman Wayne Campbell referred to the issue of body rub parlours, their location,
as some are located near schools and residential areas; the licencing of such
establishments and requested that the matter be looked into.
10-
Following some discussion, it was ORDERED on the motion of Alderman Campbell,
seconded by Alderman Hendershot, that the City Solicitor be requested to investigate the
licencing of body rub parlours and the location of such establishments.
Carried Unanimously.
Detention Centre Closure
Alderman Kim Craitor advised that them would be a community demonstration held
on April 6, 1997 at the Detention Centre in order to exprass opposition to the closure of
the Detention Centre.
Debris/Litter from Tree Cuffing
Alderman Kim Craitor referred to the clear cutting of trees in the area of
Drummond/Oldfield Road, preperty which is owned by CP Rail. He indicated that litter
and debris had been left behind and requested that the matter be looked into.
ORDERED on the motion of Aldei~iian Craitor, seconded by Alderman Ward, that the
matter be referred to staff. Carried Unanimously.
Parking by Permit
Alderman Judy Orr referred to the issue of Parking By Permit only in the area of
College Crescent and of the neighbours' complaints of cara parking without permits and
requested that a By-law Enfomement Officer be sent out in the evening hours to
investigate the matter.
Willoughby Rre DepL, Willoughby, Ohio
Aldeiiiian Fermino Susin referred to a comprehensive report presented by the
Willoughby Fire Dept. in Willoughby, Ohio and commented on the information that had
been previded.
Stamford Skating Club
Alderman Paisley Janvary referred to an invitation by the Stamford Skating Club to
attend a Spring Gala Exhibition Skate on Sunday, April 6, 1997 at the Stamford Memorial
Arena. Alderman Janvary requested that the Club be invited to attend a future Council
meeting to congratulate them on their accomplishments.
Happy Easter
His Worship Mayor Thomson wished everyone a Happy and Safe Easter Holiday.
11 -
ORDERED on the motion of Alderman Ward, seconded by Alde~an Hendershot, that the
meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
R. O. KALLIO, ACTING CITY CLERK
ELEVENTH MEETING
COMMITTEE-OF-THE-WHOLE
Committee Room #2
April 7, 1997
Council met on Monday, April 7, 1997at 6:30p. m. in Committee of the Whole. A~
members of Council, with the exception of Alderman Gary Hendershot, who was away due
to illness and Alderman Norm Puttick, who was away with cause, were present. Alderman
Paisley Janvary 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,
MAYOR WAYNE THOMSON
REGULAR COUNCIL MEETING
Council Chambers
April 7, 1997
Council met on Monday, April 7, 1997 at 7:00 p.m. for the purpose of considering
Regular Business Matters. All members of Council, with the exception of Alderman Gary
Hendershot, who was away due to illness and Alderman Norm Puttick, who was away with
cause, were present. Alderman Kim Craitor offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Susin requested that the minutes of March 24, 1997 be amended to
reflect his conflict of interest on By-law No. 97-69 and Alderman Orr requested that the
minutes be amended to reflect her opposition to retaining the services of a consulting firm
at a cost of $15,000.00.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the Minutes of March 24, 1997 be adopted as amended. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Craitor and Cummings indicated pecuniary interests on Report F-97-26,
Cheque Nos. M91871;M91872; and 228423 because members of their family are
employed by the recipient.
Alderman Susin indicated a pecuniary interest on Report PD-97-33, because he
holds a mortgage on the lot on River Road and John Street; and indicated a pecuniary
interest on the correspondence from the Chiipawa Lions Club from Community Services
Committee because he is a member of the Royal Canadian Legion Branch 396.
Alderman Orr indicated a pecuniary interest on Report F-97-26, Cheque No. 228381
because the recipient is a family member.
DEPUTATIONS
Regional Niagara Public Health Department
Mrs. Angela Alfieri-Maiolo, Regional Niagara Public Health Department
provided a summary of the the "Heart Health Reinvestment Strategy" program; discussed
the need to have heart health awareness in the community, through education and the
media; provided information through the use of a video presentation which emphasized
the need for physical activity in the work place and schools; proper nutrition and having a
smoke-free environment, and requested that Council support the program.
Mrs. Alfieri-Maiolo introduced Dr. Stafford Dobbin, Family Physician and Medical
Director for Heart Niagara who discussed the importance of heart health in our
community and requested support of the program. Dr. Dobbin also informed that a Heart
Health Hike was being planned on June 7, 1997 on the Bruce Trail and invited everyone
to attend.
Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo,
seconded by Alderman Susin, to support, in principle, the mobilization of this municipality
to be proactive in supporting the opportunities to enhance lifestyle choices in co-operation
with the Heart Health community. Carried Unanimously.
His Worship Mayor Thomson thanked all the attendees for their presentation.
Brooms for Cancer
Ms. Jan Kilty, Niagara Falls Lioness Club, discussed the fundraising project of
"Brooms for Cancer' during the month of April, which is Cancer Month. Ms. Kilty thanked
members for the opportunity to address Council and requested their support of this worthy
Cause.
Canada-Cuba Friendship Association
Mr. Dave Thomas, Canada-Cuba Friendship Association, provided background
information on the Cuban Institute of Friendship With the Peoples (ICAP) and introduced
Ms. Rosa Gonzales, ICAP who was promoting friendship and dialogue between the
people of Canada and Cuba, and extended an invitation to everyone to attend a Canada-
Cuba Friendship Conference to be held in Havana, Cuba next December.
Mr. Thomas requested that Council endorse the Canada-Cuba Friendship
resolution.
His Worship Mayor Thomson thanked Mr. Thomas and Ms. Gonzales for their
attendance and presentation.
Ill ~ll I I'
ORDERED on the motion by Alderman Volpatti, seconded by Alde~an Orr, that the
resolution be endorsed. Carried Unanimously.
See Resolution No. 29
Workers' Compensation Reform Act. 1996. Bill 99
Report HR-97-02 - Chief Administrative Officer- Workers' Compensation Reform Ac~
1996 - Bill 99. The report recommends that the following report to Counc~ summarizes
the changes to current Workers' Compensation legislation.
Ms. Shirley Carr expressed concems on the Proposed Changes to the Workers'
Compensation Reform Act, 1996, Bill 99 and Health & Safety; outlined the financial and
justice issues; referred to the impact of downloading of costs to the municipalities.
Mr. Smokey Milojevic thanked members of Council and the City for providing
Council Chamber facilities to hold their WCB seminar on April 3, 1997.
Ms. Carr introduced Mr. Mike Grimaldi who presented a resolution and requested
Council support.
ORDERED on the motion by Alderman Creitor, seconded by Alderman Campbell, that the
resolution be endorsed. Carded Unanimously.
See Resolution No. 30
Arts & Culture Commission
As Mr. William A. Haskin, Chairperson, Arts & Culture Commission was unable to
attend the Council meeting, it was requested that the matters dealing with the Arts &
Culture Commission including Report R-97-14, Arts Policy be deferred to the April 21,
1997 Council meeting.
Report R-97-16 - Chairperson, Arts & Culture Commission - The Ontario Heritage
Community Recognition Award Nomination. The report recommends that Council
support the nomination of Mr. James W. Mitchinson for the Ontario Heritage Community
Recognition Award.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the
report be received and adopted. Carded Unanimously.
COMMUNICATIONS
Communication No. 80 - Citizens' Coalition Against Noise - Re: Proclamation. The
communication requests that Council proclaim, Wednesday, April 30, 1997 as
"International Noise Awareness Day".
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the request be supported. Carded Unanimously.
Following some discussion, it was ORDERED on the motion of Alderman Craitor,
seconded by Alderman Orr, that staff be requested to review the noise by-law. Carded
Unanimously.
Communication No. 81 - Keith Dancy, President CJRN 710 - Re: The 50th Anniversary
of CJRN 710 AM. The communication requests that Council proclaim the week of June
1, 1997 as "CJRN 710 week in Niagara Falls".
ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the
request be supported and that Mr. Dancy be invited to attend a future Council meeting for
a presentation. Canfed Unanimously.
Communication No. 82 - Alien Encounters - Re: Signage. The communication requests
that Counc~ grant permission for a variance with respect to the proposed signs for this
business.
Mr. AI Reinhart, Vice President, Alien Encounters, reviewed the proposal and
requested Council consideration.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
matter be referred to staff. Canfed Unanimously.
Communication No. 83 - Ontario Building Officials Association - Re: Proclamation.
The communication requests that Council proclaim the week of April 6 - 12, 1997 as
"International Building Safety Week".
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the
request be supported. Canfed Unanimously.
Communication No. 84 - Victoria Meadows - Re: Fence Height at Kingsbridge Village,
3516 Main Street. The communication requests an amendment to the by-law with respect
to the fence height for the front yard of the property.
Mr. John Kendaft was in attendance and reviewed the application.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that the
matter be referred to staff. Canfed Unanimously.
Communication No. 85 - Niagara-On-The-Lake - Re: Winery Assessment in the Niagara
Region. The communication requests that Council support a resolution supporting the
wineries in their attempt to remove the industrial assessment factor on wineries in the
Niagara Region, and to find an appropriate assessment factor in cooperation with the Wine
Council of Ontario.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the communication be received and filed. Carried Unanimously.
Communication No. 86 - Town of Goderich, Public Utilities Commission - Re: Ontario
Hydre's attempt to unseat London Hydre Commissioners. The communication requests
that Council support a resolution requesting the Province of Ontario take whatever action
is required to support the Private Members Bill proposed by London Hydro which would
have the affect that Ontario Hydro shall be deemed to have given approval for the
expenditure and local utility, deemed to have complied with the Power Corporation Act and
that the Province of Ontario take the necessary steps to amend the Power Corporation Act,
Section 120, having Ontario Hydro approve the utilization of funds for local utilities.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that
the matter be referred to the Hydro Commission for comments. Canfed Unanimously
Communication No. 87 - Land Division Committee Report - Re: Land Division
Committee Statistics. The communication provides statistical information on the operation
of the Land Division Committee for 1996.
Mr. Jack Collinson was in attendance to respond to questions.
I1~ Ill I I r
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the communication be received and filed for the Information of Council. Carded
Unanimously.
Communication No. 88 - Liquor Licence Board of Ontario - Re: The Masque Night
Club. The communication provides clarification on the review of a decision or order by the
Liquor Licence Board of Ontario.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Volpatti, that the
correspondence be received and filed forthe Information of Council. Carded Unanimously.
REPORTS
MW-97-22 - Chief Administrative Officer- Re: Handicapped Parking Status Report.
The report recommends that this report be received for the information of this Committee
and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
report be received and filed and further that a committee be formed to consist of Aldei~an
Pat Cummings, the Manager of Parking & Traffic and representatives of the disabled
community to discuss parking concems. Carded Unanimously.
MW-97-39 - Chief Administrative Officer - Re: Contract 97-123-94; New Little
Mississippi Drain Improvements. The report recommends that the unit prices submitted
by the low tenderer, Baiocco Construction Corp., be accepted and the by-law passed.
ORDERED on the motion of Aldei~iian Ward, seconded by Alderman Fisher, that the
report be received and adopted. Carded Unanimously.
MW-97-41 - Chief Administrative Officer- Re: Tender No. 3-97; Tires, Tubes & Repair
Service. The report recommends that the low bidder, Demors Tire Service, Niagara Falls,
be awarded the tender for tires, tubes and repair service for the tendered pdce of
$25,262.38.
ORDERED on the motion of Alde~iiian Janvary, seconded by Alderman Susin, that the
report be received and adopted. Carded Unanimously.
MW-97-42 - Chief Administrative Officer- Re: Purchase Electronic Mechanisms,
Parking Meter Housings. The report recommends that J.J. MacKay be awarded the
quotation for the supply of parking meter housings and electronic mechanisms.
ORDERED on the motion of Alders,an Ward, seconded by Alderman Craitor, that the
report be received and adopted. Carded Unanimously.
R-97-15 - Chief Administrative Officer - Re: Terms of Reference and Advisory
Committee for Lundy~ Lane Bafflefield Park Master Plan. The report recommends the
following:
That the attached Terms of Reference for the Lundy's Lane Battlefield park be
approved;
That the Advisory Steering Committee be comprised of representatives from the
following groups:
Arts & Culture Commission
Friends of Historic Drummondville
Friends of Lundy's Lane Battlefield
Official Historian
Lundy's Lane Museum Board
Friends of Stamford Green
Lundy's Lane Museum Curator
Lundy's Lane Historical Society
Niagara Falls Board of Museums
Canadian Legion (Branch 51)
British Methodist Episcopal Chumh
Main & Ferry Business Association
Lundy's Lane Toudst Association
Willoughby Historical Society
I 3
3. That Council appoint representation on the Advisory Steering Committee.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the report be received and adopted and further that Alderman Kim Craitor be
appointed as the City's representative to the Advisory Steering Committee. Carried
Unanimously.
R-97-17 - Chair, Environmental Planning & Greening Committee - Re: Actions
Stemming from the Environmental Planning & Greening Committee of March 19,
1997. The report recommends that Council endorse the actions of the March 19, 1997
meeting of the Environmental Planning & Greening Committee.
ORDERED on the motion of Alderman Jan vary, seconded by AIderman Campbell, that the
report be received and adopted.
Following some discussion, it was ORDERED on the motion of Alderman Janvary,
seconded by Alderman Susin, that a letter be forwarded to the Premier, our M.P. and
M.P.P. and to the Federal and Provincial Ministers of the Environment and Health,
expressing the City's dissatisfaction in the Govemment cutbacks of the Remedial Advisory
Co-Ordinator position. Carried Unanimously.
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Fisher, seconded by Alderman Ward, that the
actions taken on the following matters by the Corporate Services Committee earlier this
evening, be approved:
Adoption of the Corporate Services Committee meeting Minutes of March 17,
1997;
,
F-97-28 - City of Niagara Falls Financial Update - that the report be received for
information;
,
F-97-26 - Municipal Accounts - that the Municipal Accounts totalling $1,701,478. 85
for the period ending April 7, 1997 be approved;
,
F-97-27 - Grant Request - St Thomas More Church - that a grant in liue of taxes be
approved for St. Thomas-More Church (Alderman Janvary requested that the
recommendation be amended to state that "a grant be approved for SL Thomas-
More Church'~;
R-97-18 - Cummington Square - that the financial commitment of $30,000 for
decorative lighting improvements for Cummington Square be reaffiRiied - Aldermen
Cummings and Orr opposed to the motion;
Global Youth Network - that the request from the Global Youth Network for financial
assistance be received and filed;
Chippawa Lions Club - that an amount of $600 be approved to assist the Chippawa
Lions Club in providing Service Club signs - Alderman Susin conflict of interest;
,
Royal Canadian College of Organists - that the request from the Royal Canadian
College of organists for a Convention Grant be received and filed;
9. Lions Club - request to waive fees associated with the Lions Club Parade, May,
1998 - that the City's fees for road closures be waived for the Lions Club Parade in
May, 1998;
The motion Carried with Aldermen Cummings and Orr voting contrary to the motion of the
lighting improvements for Cummington Square; and Alderman Susin abstaining from the
vote on the matter dealing with the Chippawa Lions Club signs previously noted and with
all others voting in favour.
IIH ~'l[ : I I I ~ '
PD-97-32 - Chief Administrative Officer- Re: Application for Site Plan Approval;
SPC-7/97, 4667 Portage Road; Walnut Grove Condominium. The report recommends
that Council approve the revised site plan for the completion of the Walnut Grove
townhouses, located at 4667 Portage Road.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that
the report be received and adopted. Canfed Unanimously.
PD-97-33 - Chief Administrative Officer- Re: Application for Site Plan Approval;
SPC-22/96, Proposed NFBC Parking Area; Falls Avenue between John and Hiram
Streets. The report recommends that Council approve the site plan for a proposed parking
area for the Niagara Falls Bridge Commission located on Falls Avenue between John
Street and Hiram StreeL
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
report be received and adopted. The motion Carried with Alderman Susin abstaining from
the vote on a conflict of interest previously noted and with a~ others voting in favour.
CD-97-16- Chief Administrative Officer- Re: AM-23/96, Restricted Area By-law 97-51;
21684 Mewburn Road. The report recommends that Council reaffirms its approval of By-
law 97-51 in order that the Clerk may notify the Ontario Municipal Board at the same time
as he forwards the By-law and letter of objection to the Board with the request for a
Hearing.
The report was withdrawn because the objector has removed his objection.
L-97o20 - Chief Administrative Officer- Re: Establishmentof One Foot Reserve as
a Public Highway; Block 16 Plan 59M-108, Claude Avenue. The report recommends
that a certain one foot reserve, described as Block 16 on Registered Plan 59M-108, be
established as part of a public highway, to be known as Claude Avenue.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Canfed Unanimously.
BY-LAWS
ORDERED on the motion of Alde,,an Ward, seconded by Alderman Pietrangelo, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
97-71
A by-law to authorize the execution of an agreement with Baiocco
Construction Corp. respecting the New Little Mississippi Drain Improvements
from Furlong Avenue to Cattell Drive.
97-72
A by-law to establish Block 16 on Registered Plan No. 59M-108 as a public
highway to be known as and to form part of Claude Avenue.
97-73
A by-law to authorize monies for General Purposes (April 7, 1997).
The motion Carried with Aldermen Craitor, Cummings and Orr, abstaining from the vote
on By-law No. 97-73 on conflicts of interest previously noted and with all others voting in
fayour.
ORDERED on the motion of AIdemian Fisher, seconded by Alderman Cummings, that the
following by-laws now be read a second and third time:
97-71
A by-law to authorize the execution of an agreement with Baiocco
Construction Corp. respecting the New Little Mississippi Drain Improvements
from Furlong Avenue to Cattell Drive.
97-72
A by-law to establish Block 16 on Registered Plan No. 59M-108 as a public
highway to be known as and to form part of Claude Avenue.
97-73
A by-law to authorize monies for General Purposes (April 7, 1997).
The motion Carried with Aldermen Craitor, Cummings and Orr, abstaining from the vote
on By-law No. 97-73 on conflicts of interest previously noted and with all others voting in
fayour.
NEW BUSINESS
Niagara Falls Humane Society
Alderman Pat Cummings referred to concems expressed on the changes in the
Humane Society. He was advised by Alderman Janvary that the Board of Directors have
formed an ad hoc committee to address the concerns.
Countdown to the Millennium
Alderman Volpatti indicated that several communities were forming task forces on
the "countdown to the millennium" event and requested that the matter be looked into.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the matter be referred to the Civic Committee to consider special events geared toward
the countdown to the Millennium. Carried Unanimously.
Skyline Tower Climb for Cancer
Alderman Pietrangelo provided an update on the Tower Climb for Cancer event that
had been held on April 5, 1997 and thanked everyone that had supported and participated
in the event.
New City Logo
Mayor Thomson presented a copy of the new City Logo to members of Council for
their consideration.
ORDERED on the motion of Alderman Craitor, seconded by Alde~iiian Cummings, that
Council adopt the new City logo. Carried Unanimously.
Following some discussion, it was ORDERED on the motion of Alderman Ward,
seconded by Alderman Jan vary, that a letter of thanks be forwarded to Mr. Daniel Andrews
for his assistance in the drafting of the logo. Carried Unanimously.
Niagara Falls Casino Monitoring Committee
Mayor Thomson referred to the appointment of Alderman Gary Hendershot, as Chair
to the Casino Community Monitoring Committee and advised that the Committee would be
meeting on April 30, 1997 from 7 - 8:30 p.m. at the Niagara Falls Library and that the
public was welcome to attend.
· II q:ll i r
Exemption from Landtiff Tipping Fees
Mayor Thomson referred to the destruction of a mobile home by fire and of a
request from Mrs. Antoinette Couchie that consideration be given for relief of landfill
tipping fees in order that they may take the rest of the debris to the landfill site.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Volpatt, that
special consideration be given for exempting the owners from the landfill tipping fees in
order that they may take the debris from the fire to the landfill site. Carried Unanimously.
Casino Update
Mayor Thomson reviewed statistical information provided by the Visitor &
Convention Bureau regarding the positive impacts of the casino on the hotel community.
Streamlining/improvements in Government
Mayor Thomson referred to changes, streamlining and improvements in local and
Regional government; discussed the conditions of our roads; and referred to the police
department being in jeopardy due to Provincial cutbacks; the cost factors in double layers
of govemment and the elimination of Regional govemment; and in providing an opportunity
for the public to express their opinion on the various issues.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the matter be referred to staff for a report to indicate the areas of choice that could be
placed on the ballot for the next municipal election. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
~/'//~ MAYOR WAYNE THOMSON
TWELFTH MEETING
COMMITTEE-OF- THE-WHOLE
Committee Room 2
April 14, 1997
Council met on Monday, April 14, 1997 at 5:45 p.m. in Committee of the Whole.
All members of Council were present. Alderman Fermino Susin presided as Chairman.
Following consideration of the items presented, the Committee of the Whole rose
to report in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
PLANNING MEETING
Counc~ Chambers
April 14, 1997
Council met on Monday, April 14, 1997 at 7:00 p.m. for the purpose of considering
Planning and Regular Business Matters. All members of Council were present. Alderman
Bruce Ward offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Craitor and Cummings indicated pecuniary interests on Report F-97-29,
Cheque No.228637 because members of their family are employed by the Region.
Alderman Fisher indicated a pecuniary interest on Report PD-97-37 because a
member of her family is part owner of the business.
Alderman Susin indicated a pecuniary interest with respect to the matters in
Committee of the Whole and the Deputation dealing with Bill 84, and Report FD-97-02,
because members of his family are volunteer firefighters.
Alderman Ward indicated a pecuniary interest on Report F-97-29, Cheque No.
228452, because a member of his family is employed by the
CURRENT PLANNING MATTERS
PD-97-35 - Chief Administrative Officer - Re: Zoning By-law Amendment Application;
AM-10/97, 7430 Lundy~ Lane; Applicant: Northam Investments Limited; Agent:
Patrick Devine c/o Goodman and Carr. The report recommends that Council approve
lift Ilil
the zoning by-law amendment application, as modified, subject to a provision being
included in the amending by-law requiring a minimum of 15 pement landscaped open
space.
- AND -
Communication No. 89 - Consulate Ventures Inc. The communication requests that
the application be deferred in order to previde time to the group to meet with the applicant
and City staff to address the issues mentioned in the correspondence.
- AND -
Communication No. 90 - Regional Niagara, Public Works Department. The
communication addresses the issue of Road dedication; Services; Access; Permits; 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 Regulations on Mamh 14, 1997.
His Worship Mayor Thomson received indication that Mr. Patrick Devine, Agent on
behalf of the applicant was in attendance and received a positive response to his request
for a show of harfds 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 previded information on the application
through the use of posted sketches and advised that the purpose of the zoning amendment
was to remove the special restrictions from the Zoning By-law and retum to the Tourist
Commercial designation; discussed the egress and ingress of vehicles from the site; the
provision of adequate parking areas; referred to the greening areas and requested that a
provision be included in the amending by-law for a minimum requirement of 15 percent
landscaping.
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. Karl Jaffary, Solicitor on behalf of the Consulate Development Group,
addressed the issue of a "Super Regional draw" type of development and reviewed the
proposed retail factory outlet facility at the interchange of McLeod Road; referred to the
issue of the City's Official Plan Amendment No. 17 and to Tourist Commercial policies in
O.P.A. No. 22 and suggested that the matter be deferred until those policies were in place.
He suggested that his client have an opportunity to meet with the proponents to address
their concerns; and questioned the implications of future expansion.
The Director of Planning and Development responded to comments on the City's
Official Plan Amendments No. 17 and No. 22; and advised that the City did not presently
have a current official plan that applied to tourism development; that Council had repealed
OPA No. 17, but would be looking at passing a new Official Plan Amendment No. 22 at the
next Council meeting. He responded that Lundy's Lane is comprised of hotels, motels and
restaurents and that this development would provide a new type of facility and a retail
outlet service function to the tourists in that area.
II E B II]111 IIIIIII1!
Mrs. Winnefred Valiquette, Lundy's Lane BIA, advised that the Lundy's Lane
Business Improvement Area was fully in support of both the proposed developments.
Mr. Patrick Devine, Solicitor indicated that as long as permission for the water
slide was in the by-law, there would be a hold/restriction on tourist commercial uses, and
requested that the special restfiction be removed from the By-law. He also indicated that
both sites (Lundy's Lane and McLeod Road) could be developed as there was enough of
a market for both developments.
Mr. David Pontarini, Architect, provided information on the design of the facade;
commented on the high quality of tenants; discussed landscaping features along the
Q. E W.; referred to an enclosure to conceal the waste containers and the incorporation
of signalization at the intersection. He responded to concerns regarding berming and
advised the developer would like to maintain their visibility from the highway.
Mr. Ken Zuckerman provided background information on the development;
commented on their principal tenant "NIKE" and responded to questions with respect to the
number of prospective tenants in the facility.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-10/97 closed.
ORDERED on the motion of Alderman Craitor seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Craitor, seconded by AIderrnan Volpatti, that the
correspondence be received and filed. Carried Unanimously.
PD-97-35 - Chief Administrative Officer - Re: Official Plan & Zoning By-law
Amendment Applicafion; AM-8/97; 5725 Robinson Street; Applicant: Janice Cooper.
The report recommends the following:
1. That Council approve the application to amend the City's Official Plan which would
permit bed and breakfast accommodations to be considered in residentially-
designated areas through site specific applications to amend the Zoning By-law;
That Council approve the application to amend the Zoning By-law to permit the
existing dwelling to be used for bed and breakfast accommodations providing a
maximum of three rooms for guests;
That the applicant be required to dedicate a daylighting triangle with 15 foot legs at
the intersection .of Robinson Street and Grey Avenue.
- AND -
Communication No. 9f - Regional Niagara Planning and Development DepartmenL
The communication advises as not being in opposition to the application
Communication No. 92 - Mr. & Mrs. R. Beaton. The communication expresses
concems with regard to the issue of privacy and the parking of vehicles in the area.
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 March 14, 1997.
His Worship Mayor Thomson received indication that the applicant, Ms. Janice
Cooper, 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 reviewed the recommendations in the
Planning Report and advised that the applicant wished to provide for a maximum of three
rooms for guests; one additional parking space, and a daylighting requirement.
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support of or opposed to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-8/97 closed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that
the communications be received and filed. Carried Unanimously.
MISCELLANEOUS PLANNING MATTERS
PD-97-3f - Chief Administrative Officer- Re: Street Type Symbol Change; New Office
Consolidation for Zoning By-law 79-200. The report recommends that Council approve
the new Street Symbols depicted in the updated, computerized Zoning By-law 79-200, as
outlined in this report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the report be received and adopted. Carried Unanimously.
PD-97-36 - Chief Administrative Officer- Re: Application for Site Plan Approval; SPC-
5/97, E/S Kinsmen Court; Proposed Bus Service Facility. The report recommends the
following:
That Council approve the above-noted application for a proposed bus service facility
located on the east side of Kinsmen Court;
That By-law 80-114 be amended to include the Fire Access Route as shown on the
site plan.
His Worship Mayor Thomson received indication that Mr. David Golty, Real Estate
Consultant and Mr. Barry Brown, Delcon Construction were in attendance.
The Director of Planning and Development responded to concerns expressed with
respect to the egress and ingress of traffic onto Montrose Road/McLeod Road and of road
conditions and indicated that should conditions warrant road improvements that the matter
would be looked into.
Discussions ensued with respect to proper buffering being put in place; the use of
walls or features; traffic patterns; the use of suitable fencing across the back of the
property; and obtaining comments from Niagara Transit on the matter.
II I II I]]1111 IIIIIIIF
ORDERED on the motion of Alderman Fisher, seconded by A/den'nan Cummings, that the
matter be referred back to staff. The motion Carried with Alderman Orr voting contrary to
the motion and with all others voting in favour.
PD-97-37 - Chief Administrative Officer- Re: Application for Site Plan Approval; SPC-
7/97, 8481 EaH Thomas Avenue; Proposed Expansion to Factor Forms Niagara Ltd.
The report recommends the following:
That Council approve the above-noted application for a 14,408 sq. st. expansion to
8481 Earl Thomas Avenue;
2. That By-law 80-114 be amended to include the Fire Access Route as shown on the
site plan.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
the report be received and adopted. The motion Ca/fled with Alderman Fisher abstaining
from the vote on a conflict of interest previously noted and with all others voting in favour.
See By-law No. 97-76
REGULAR COUNCIL MEETING
Alderman Susin requested that the minutes of April 7, 1997 be amended to reflect
his conflictof interest was due to his holding a mortgage on the lot on River Road and John
Street.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the minutes of April 7, 1997 be adopted as amended. Carried Unanimously.
DEPUTATIONS
Niagara Falls Humane Society
Mr. John Lamastem addressed Council on behalf of a portion of the membership
of the Humane Society and expressed concerns regarding the operations of the Niagara
Falls Humane Society,' the resignation of five Board members due to the intimidating and
unruly tactics of certain members and requested that Council look at how the Board is
being run.
Ms. Kathy Anderson-Hill former Board member expressed concerns regarding the
conduct of members of the Humane Society.
Ms. Julie Bishop-Hamilton, the City's representative on the Board of the Humane
Society, advised that the membership had brought their concems to the Board on April 1,
1997 and had requested that a committee be formed to address those concerns. She
stated the Board would respond to those concerns on April 22, 1997.
Following the discussion, it was ORDERED on the motion of Alden.an Janvary,
seconded by Alderman Craitor, that the discussions be referred to the Mayor. Carried
Unanimously.
Factory Outlet Developers/McLeod Road/QEW
Mr. John Sorokolit, President, Consulate Ventures Inc. provided an update on
the progress of the Factory Outlet at McLeod Road and the Q.E W.; distributed a tentative
project schedule and a 1996 Outlet Center Motorcoach Survey; indicated that the proposal
met the necessary criteria to develop a factory outlet in Niagara Falls, which included
having a 12 million tourist market; having an established pattem of cross-border shopping;
it was an acceptable distance from Toronto; highway interchange; easy accessability and
visibility and catered to a motorcoach trade. Mr. Sorokolit requested full support of the
proposed development.
Niagara Falls Professional Firefighters Association
Ms. Carolynn Ioannoni and Mr. Wayne Willett, on behalf of the Niagara Falls
Professional Firefighters Association addressed Council with respect to Bill 84 and the
effects it will have on public safety, specifically the aspects pertaining to part-time
firefighters, working on an call or call in, when needed, basis, and the greater ability under
this Bill to privatize this service and presented a video entitled "Public Safety for Sale ".
Ms. Ioannoni advised she would be speaking at the Committee Hearings on April
15, 1997 on Bill 84 and requested Council support a resolution read by the City Clerk,
affirming its support for firefighters in our community and expresses its concem about the
Ontario Govemmenrs Bill 84; and that Council does not support any legislation that would
lower standards for fire fighting or disrupt the fire fighting system our community relies on;
and that Council asks the Solicitor General and the Legislative Assembly to consider
amendments to Bill 84 that would eliminate any aspects of the Bill that could unde..ine
fire safety in our community.
The Director of Community Services commented on the various components to Bill
84; the issue of fire safety; the removal of senior officers from the bargaining unit and
advised that to support a generic resolution was not an appropriate thing for Council to do.
He indicated that staff could review the specific sections of the Bill that were of
concem and come back with a report on the matter.
Discussions ensued with respect to the issue of privatization; part-time firefighters;
public safety and the broad objectives of Bill 84.
Chief Corfield responded to concems expressed and advised that Bill 84 was
designed to give municipalities the tools to operate with and that presently it was still
within the capability of the councils of any municipality to determine the level of service
they will have within their municipalities, where in the new proposal there are mandatory
requirements for fire protection.
Following the discussion, it was ORDERED on the motion of Alderman Cummings,
seconded by Alderman Fisher, that Council support the local firefighters in their efforts to
make Bill 84 a more positive fome for public safety, in particular, as these efforts relate to
privatization and part-time firefighters. The motion Carried with Alderman Susin abstaining
from the vote on a conflict of interest previously noted and with all others voting in favour.
COMMUNICATIONS
Communication No. 93 - Ontario Water Works Association - Re: Proclamation. The
communication requests Council proclaim the week of May 4th to May lOth, 1997 as
"Drinking Water Week"
ORDERED on the motion of Alderman Volpatti , seconded by Aldei~iian Pietrangelo, that
the request be supported. Carried Unanimously.
Communication No. 94 - Town of Gananoque - Re: Police Services Act. The
communication asks that Council support a resolution requesting the Solicitor General, the
Honourable Robert Runciman, to make an amendment to Bill 105 to allow municipalities
to enter into agreements with other municipalities to provide all police services required.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that the
request be supported. Carried Unanimously.
II I il I1 IIIII [t111111'
Communication No. 95 - Ontario Public Service Employees Union (OPSEU) - Re:
Ministry of Transportation Employees. The communication expresses concems regarding
elimination of MTO jobs and laying off of employees and requesting Council support to
indicate to the Provincial govemment that MTO jobs should remain in the Niagara Region.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that
the request be supported. Carried Unanimously.
Communication No. 96 - Bill & Yvonne Glashan, 5533 Ontario Avenue - Re: Parking
on Ontario Avenue. The communication suggests alternatives to the use of parking
pe~iiiits and requested a solution to the 4 hour parking limit on Ontario Avenue
ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the
matter be referred to Parking and Traffic. Canfed Unanimously.
Communication No. 97a) - Communications from Alderman Norm Puttick. The
communication attaches correspondence from the Director of Municipal Works regarding
the Q.E.W. rrhorold Stone Road interchange; - AND - Communication No. 97b) The
communication attaches correspondence from the Office of the Administrator regarding
an Amendment to Development Charges Act, Bill 98.
Alderman Puttick provided clarification on the communications.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the
communication to the Thorold Stone Road Interchange matter be received and filed.
Carried Unanimously.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Puttick, that the
communication regarding an amendment to development charges act matter be received
and filed. Carried Unanimously.
REPORTS
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by AIderman Janvary, that
the actions taken on the following mattera by the Community Services Committee earlier
this evening be approved:
1. Adoption of Minutes of March 17, 1997 Community Services Committee meeting;
MW-97-46 - Award of Tender 97-10 Tree Planting Contract - that the unit prices
submitted by Dykstra Landscaping for the Tree Planting Tender 97-10 be accepted,
subject to a satisfactory reference check - Opposed: Alderman Susin;
FD-97-02 - Responses to Medical Assistance Calls - that the Fire Department be
authorized to respond to Medical Assistance Calls according to the criteria
presented in Report FD-97-02 - Alderman Susin declared a conflict of interest on
the matter because his two sons are volunteer tirefighters;
CS-97-01 - Church of the Latter Day Saints Proposed Addition - that the Church of
the Latter Day Saints be granted leave from the expenses associated for their
proposed building expansion - Opposed: Aldermen Cummings and Puttick;
MW-97-45 - City Initiative of In-Phase Local Improvements - that the City of Niagara
Falls initiate a Local Improvement By-law under Section 12 of the Local
Improvement Act for streetscaping upgrades on Ferry Street from Stanley Avenue
to Main Street; and that implementation of the project be subject to confirmation of
the funding source for the City's share of the cost;
MW-97-48 - Water Meters - that information contained within Report MW-97-48 -
Waters Meters be received and filed;
Train Whistling - Bender Street - that the information be submitted to Council on
April 14, f997;
8. Approval of the perso~ ~nel matter in relation to restructuring of the Service Centre.
The motion Canfed with Alderman Susin voting contrary to the motion of the Tender 97-1 O,
Tree Planting matter, and abstaining from the motion on Report FD-97-02 on a conflict of
interest previously noted; and Alderman Cummings voting contrary to the motion on Report
FD-97-02 and with all others ~oting in favour.
F-97-29 - Chief Administi~tive Officer- Re: Municipal Accounts. The report
recommends that Council applove the accounts totalling $393,506. 35 for the period ending
April 14, 1997.
ORDERED on the motion of Alderman Pietrengelo, seconded 'by Alderman Volpatti, that
the report be received and adopted. The motion Canfed with Aldermen Craitor,
Cummings, and Ward abstaining from the vote on conflicts of interest previously noted and
with all others voting in favoul:
See By-law No. 97-77
\
CA0-97-02 - Chief Adminis~.rative Officer- Re: Provincial Municipal Relationship,
Niagara Impact. The repor[ ~'ecommends that Council support the partnership model
proposed by Regional Niagar~ 9s a basis to disentangle the Provincial-Municipal financial
relationship.
ORDERED on the motion of Ak~erman Pietrangelo, seconded by Alderman Volpatti, that
the report be received and ad~.~i~ted. Canfed Unanimously.
RA TIFICA TION OF COMMITT~_,"E-OF- THE-WHOLE ACTIONS
ORDERED on the motion of Al~;rman Volpatti, seconded by Alderman Hendershot, that
the actions taken on the following matters by Committee-of-the-Whole earlier this evening
be approved:
That Council approve a motion tG deny the Policy Grievance No. 97-02, as presented by
the Professional Firefighters As,, <~ciation. Canfed Unanimously.
RESOLUTIONS
NO. 31 - JANVARY - ORR ~ ~/HEREAS the Council of the City of Niagara Falls,
encourages the beautification of ti~e City by the use of trees; AND WHEREAS Arbor Week
will stimulate interest in and k~owledge of trees, and conservation of trees; AND
WHEREAS the City of Niagara, Falls encourages the planting, preservation and
conservation of trees; NOW THEREFORE BE IT RESOLVED THAT by and with the
approval of the Council of our City, of Niagara Falls, the week of April 25 to May 11, 1997
is hereby proclaimed as Arbor Wee.~k in the City of Niagara Falls.
AND the Seal of the Corporation !).9 hereto affixed.
Canfed Unanimously
NO. 32 - JANVARY- ORR - WHEREAS the Council of the City of Niagara Falls, on the
fourteenth day of Apdl, 1997, agreed that April 22, 1997 be designated as Earth Day 1997
in the City of Niagara Falls; AND WHEREAS more than twenty years ago, millions of
people joined together on Earth Day to express an unprecedented concern for the
Environment and their collective action resulted in the passage of sweeping laws to protect
our air, our water, and the lands around us; AND WHEREAS the City of Niagara Falls has
long supported environmental protection and natural 8~source management programs and
policies; AND WHEREAS public concem about protecting the Earth is rapidly increasing
as new scientific information about environmental threats such as global warming, ozone
depletion, acid rain, air pollution and more becomes available; AND WHEREAS the public
is encouraged to participate in any events planned for Earth Day 1997 by local
environmental groups and schools; NOW THEREFORE BE IT RESOLVED that by and
with the approval of the Council of our City of Niagara Falls, the day of April 22, 1997 is
hereby proclaimed as Earth Day, 1997 in the City of Niagara Falls.
AND the Seal of the Corporation be hereto affixed.
! Carried Unanimously
NO. 33 - JANVARY - ORR - WHEREAS the Council of the City of Niagara Falls, on the
fourteenth day of April, 1997, agreed that the week Of= June 1 to June 8, 1997 be
designated as Environment Week in the City of Niagara Falls; AND WHEREAS
Environment Week will stimulate interest in and knowledge of the environment; AND
WHEREAS the City of Niagara Falls encourages local residents, schools and industries
to participate in any activities planned for Environment Week; NOW THEREFORE BE IT
RESOLVED that by and with the approval of the Council of our City of Niagara Falls, the
week of June 1 to June 8, 1997 is hereby proclaimed as Environment Week in the City of
Niagara Falls.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 34 - JANVARY - SUSIN - RESOLVED that a message of condolence be forwarded
to the family of the late Arthur Leslie Jobey, a former Personnel Director with the City of
Niagara Falls and well-respected citizen of the community.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 35- CUMMINGS - ORR- RESOLVED that a message of condolence be forwarded
to the family of the late Margaret N. Butler, a well-respected member of the community.
AND the Seal of the Corporation be hereto affixed. : ,i
Carried Unanimously
NO. 36- CUMMINGS- ORR- RESOLVED that a message of condolence be forwarded
to the family of the late Gordon William Goulty, a former member of the Committee of
Adjustment of the City Niagara Falls.
AND the Seal of the Corporation be hereto affixed.
Carded Unanimously
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:
By-law No. 97-74 to be amended to reflect the actions of the Community Services
Committee.
97-74
A by-law to authorize the execution-of an agreement with Landmark
Landscape Contractors Inc. respecting the 1997 Tree Planting Programme.
10 -
97-75
WITHDRAWN
97-76
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. (Re: PD-97-37, Earl Thomas Avenue; Proposed
Expansion to Factor Forms Niagara Ltd.)
97-77
A by-law to provide monies for General Purposes (April 14, 1997).
The motion Carded with Alderman Susin voting contrary to the motion on By-law No.
97-74; Alderman Fisher abstaining from the vote on By-law No. 97-76 on a conflict of
interest previously noted and Aldermen Craitor, Cummings and Ward abstaining from the
vote on By-law No. 97- 77 on conflicts of interest previously noted and with all others voting
in fayour.
ORDERED on the motion of Alderman Pietrangelo, seconded by AIdeiiiian Cummings, that
the following by-laws be now read a second and third time:
By-law No. 97-74 to be amended to reflect the actions of the Community Services
Committee.
97-74
A by-law to authorize the execution of an agreement with Landmark
Landscape Contractors Inc. respecting the 1997 Tree Planting Programme.
97- 75 WITHDRAWN
97-76
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. (Re: PD-97-37, Earl Thomas Avenue; Proposed
Expansion to Factor Forms Niagara Ltd.)
97-77
A by-law to provide monies for General Purposes (April 14, 1997).
The motion Carded with Alderman Susin voting contrary to the motion on By-law No.
97-74; Alderman Fisher abstaining from the vote on By-law No. 97-76 on a conflict of
interest previously noted and Aldermen Craitor, Cummings and Ward abstaining from the
vote on By-law No. 97- 77 on conflicts of interest previously noted and with all others voting
in favour.
NEW BUSINESS
Po~ce presence on Queen Street
Alderman Judy Orr referred to correspondence from the Niagara Regional Police
Services outlining the activities of the Police Department on Queen Street.
ORDERED on the motion of Alderman Orr, seconded by Alderman Craitor, that the
correspondence be forwarded through the Mayors Office to the Liquor Licencing Board for
their information on the matter. Carded Unanimously.
Project Share
Alderman Selina Volpatti referred to services provided to the community by Project
Share which included serving 2, 400 people a month. She indicated that during this time
of offloading and programs being cut, that Project Share not only provides food to the
community, but also provide housing, crisis support, counselling and programs on health
care issues.
II I II II fi:l Ill!ll.l
11
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
a letter of thanks be forwarded to Project Share for their services to the community. The
motion Carried with Alderman Puttick voting contrary to the motion and with all others
voting in favour.
Heart Health Walk Cha~enge
Alderman Victor Pietrangelo presented a friendly challenge to Alderman Norm
Puttick to raise some funds for the Heart Health Walk on June 6, 1997.
Bender Hill train whistling
Alderman Paisley Janvary requested information on the issue of train whistling on
Bender Hill. His Worship Mayor Thomson referred to correspondence regarding the train
whistling on Bender Hill, which indicated that the whistling should stop on Tuesday, April
15, 1997.
Alderman Wayne Campbell referred to the fencing on Bender Hill and he was
advised that there would be landscaping features provided with evergreen vines to cover
up the chain link fencing.
Portage Road Bridge
Alderman Paisley Janvary inquired about the Portage Road bridge. His Worship
Mayor Thomson referred to correspondence from the Regional Chair, Brian E Merrett,
providing an update on the Portage Road Bridge, and advising that construction would
begin in July and finalized in October.
Handicap Parking
Alderman Kim Craitor requested information on the enforcement of the by-law with
regard to handicap permits and parking on private land. The Solicitor provided information
on the matter and advised there was a lot of abuse with regard to the parking permits and
that the by-law is being enfomed when possible.
Transit Commission
Alderman Kim Craitor requested information on what direction the Niagara Transit
Commission was going and was advised that the matter would have to come before
Council subsequent to the changes in management.
Stamford Skating Club
Alderman Hendershot congratulated the Stamford Skating Club on the excellent
presentation they had given at a recent performance.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that a
letter of appreciation be forwarded to the Stamford Skating Club for all their efforts in the
presentation of an excellent performance. Carried Unanimously.
12 -
Tower Climb for Cancer
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
a letter of appreciation be forwarded to Alderman Gary/-lendershot for his participation in
the recent Tower Climb for Cancer. Carried Unanimously.
Hot Dog stands
Alderman Patrick Cummings expressed concems regarding the location of hot dog
stands in the City.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the meeting adjoum. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
I II IT ] Illl'!lil
THIRTEENTH MEETING
REGULAR COUNCIL MEETING
Council Chambers
April 21, 1997
Council met on Monday, April 21, 1997 at 7:00 p.m. for the purpose of considering
Regular Business Matters. All members of Council, with the exception of Aldermen
Campbell and Volpatti who were away due to illness; and Alderman Puttick, who was away
on vacation, were present. Alderman Gary Hendershot offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Susin requested that the Minutes of the April 14, 1997 Council meeting
be amended to reflect his opposition to By-law No. 97-74.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the Minutes of April 14, 1997 Council meeting be adopted as amended. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Aldermen Craitor and Cummings indicated pecuniary interests on Report F-97-32,
Cheque Nos. 228801; 228728 and M91884 because members of their family are employed
by the recipient.
Alderman Cummings indicated a pecuniary interest on Report CS-97-02, because
Acres is involved.
Alderman Craitor indicated a pecuniary interest on Report F-97-32, Cheque No.
M91879 because he is a member on the Board of Directors for the Jr. B. Canucks Hockey
Club.
Alderman Pietrangelo indicated a pecuniary interest on Report L-97-21, because
the Welland Roman County School Board is his employer.
Alderman Susin indicated pecuniary interests on Report 97-40, OPA No. 22,
beoause he holds a mortgage on the lot on River Road with respeot to the plan; indicated
a pecuniary interest on Report F-97-31, because members of his family are volunteer
firefighters; and indicated a pecuniary interest on Report F-97-32, Cheque No. 228785
because he is a member of Chippawa Legion Branch No. 396.
Alderman Ward indicated a pecuniary interest on Report F-97-32, Cheque No.
228674 because he has a business interest with the company.
PRESENTATIONS
Mr. E. Henry and Mr. F. Costabile, Fruitbelt Development & Alfidome
Construction Ltd., presented a cheque in the amount of $5,000. O0 to assist the Fire
Department in the purchase of the Thermal Imaging Camera.
IBI III I I ~111' I I
Fire Chief Peter Cor~e/d advised that $6,650 has been received to date toward the
purchase of the equipment and thanked Messrs. Henry and Costabile for their generous
donation.
Recognition Award
His Worship Mayor Thomson and Fire Chief Peter Corfield presented tokens of
appreciation to Firefighters Mark Acker, Mike Collee and Fred Hall in recognition of their
outstanding courage and quick thinking in the saving of a human life.
DEPUTATIONS
Arts & Culture Commission
Mr. A. William Haskin, Chairperson, Arts & Culture Commission provided an
update on the activities of the Arts & Culture Commission, including the production of a
quarterly newsletter, providing sponsorship to local Arts & Culture groups,' holding soirees
to showcase local talents seeking profesisonal careers in the arts; involvement in the
production of a website; negotiating with local School Boards to be involved in a partnered
arts competition; the involvement in an economic impact study and the planning of a
fundraiser to fund the Arts & Culture Commission for a year.
- AND -
Report R-97-14 - Chairperson, Arts & Culture Commission - Arts Policy.
recommends that Council adopt the attached Arts Policy.
The report
Mr. A. William Haskin, Chairperson, Arts & Culture Commission reviewed the
Arts Policy recommendations and requested that Council adopt the policy.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
that the report be received and adopted. Car~ed Unanimously.
His Worship Mayor Thomson congratulated and thanked Mr. Haskin on behalf of
Council and the community for his efforts in making such a tremendous difference in the
Arts & Culture community.
PLANNING MATTERS
PD-97-40 - Chief Administrative Officer- Re: Official Plan Amendment No. 22; New
Official Plan Tourism Policies and Related Land Use Designation Changes. The
report recommends the following:
That Council approve Official Plan Amendment No. 22 which will provide a planning
framework for tourlsm growth and development;
That the comments received by those having an expressed interest in the City's
tourlsm planning initiatives be addressed in the amendment provided that they are
minor in nature and in keeping with the intent of the policies;
That any requested modifications which are significant in nature or contrary to the
intent of the policies be addressed at a further public hearing, subject to proper
notice being given;
That staff be directed to prepare the implementing by-law necessary for Council's
adoption of Official Plan Amendment No. 22, incorporating any minor policy
modifications as per recommendation 2.
]1 IIi111 IIIIrllll
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 by publication in the Niagara Falls Review on March 22, 1997
and by mailing to certain individuals and authorities as required by the Regulations on
March 22, 1997.
His Worship Mayor Thomson received a positive response to his request for a show
of hands by persons present who were interested in the Official Plan Amendment No. 22.
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 commented on the tourist master plan
and of modifications to OPA No. 17 and advised that the present OPA Amendment No.
22 contains no policies with respect to building heights. He stated that there was a
process underway that would address the establishment of building heights in a new tourist
area development strategy; referred to the various districts in the OPA No. 22; reviewed
the comments received from Parks, Recreation and Culture; the firm of Sorenssen Gravely
Lowes and the.Niagara Parks Commission.
There was a positive response to Mayor Thomson's request for comments from
persons, in support of or opposed to the amendmenL
Mr. Stewart Ellis, Solicitor, SkyIon Tower, advised that his client was in support
of the proposed amendment; and noted that controls and zoning were in place and
adequate while city officials seek the appropriate building height controls.
Mr. Bill Amos, Pepper Weberg Management advised of being in support of the
amendments but would like to be notified for comments and input, if there were any minor
or significant changes before passage.
Mr. Tom Richardson, Solicitor, Niagara Parks Commission advised that the
Commission was not opposed to the contents of Official Plan Amendment 22 and
requested that the policies with respect to building heights be included in the interim, in
order to protect the Queen Victoria Park area, while the city goes forward with the new
building heights study.
Mr. Barry Smith, Solicitor, Consulate Ventures Inc. owners of the development
at the Q. EW. and McLeod Road, discussed proposed policies of OPA No. 22 and
requested that Council consider designating the Q.E W. and McLeod Road area as a
Satellite district and indicated that the proposed Official Plan would eliminate the need for
economic or market studies.
The Director of Planning and Development responded to concems and advised that
the Official Plan was based on the current, emerging satellite districts and their roles and
functions.
Mr. Victor Harris referred to the Whirlpool Satellite district along the eastem and
westem side of Victoria Avenue from River Road to Bddge Street and requested that the
area be considered Tourist Commercial; and further requested that the area be cleaned
up.
IIIIII II1 I IIII I" II I :
The Director of Planning and Development responded that the/ands in that area
were designated Industrial.
The Directorof Planning and Development responded to concems regarding market
studies and advised that the current official plan does not require a market study for
existing zoned properties, but if an applicant required a change from Industrial to Tourist
Commercial, a marketing study would be required for the purposes of providing retail
shopping opportunities.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Official Plan Amendment No. 22 closed.
The Director of Planning and Development advised that the minor modifications from
Parks, Recreation and Culture be included as part of the amendment and that the plan
would not be mofified to incorporate those major changes as a result of the meeting.
ORDERED on the motion of A/derrnan Hendershot, seconded by Alderman Fisher, that the
report be received and adopted. The motion Carded with Alderman Susin abstaining from
the vote on a conflict of interest previously noted and with all others voting in favour.
COMMUNICATIONS
Communication No. 98 - Niagara Falls & District Labour Council - Re: Proclamation.
The communication requests that Council proclaim April 28, 1997 as the '~qnnual Day of
Mourning" in recognition of workers killed, injured or disabled on the job.
Alderman Kim Craitor informed members of Council of a dediction ceremony at
F. H. Leslie Park on April 28, 1997 for the unveiling of a monument in recognition of
workers killed, injured or disabled on the job; and thanked Council for their support and
permanent use of the park.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings, that
the request be supported. Carded Unanimously.
Communication No. 99 - Rainbow Country Quilters - Re: Proclamation. The
communication requests that Council proclaim the month of May, 1997 as "National
Quilting Month" in Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alde~iiian Pietrangelo, that
the request be supported. Carded Unanimously.
Communication No. fO0 - Canadian Mental Health Association, Niagara South
Branch - Re: Proclamation. The communication requests that Council proclaim May 5th
to May 1 lth, 1997 as "Mental Health Week" in Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Pietrengelo, that
the request be supported. Carded Unanimously.
Communication No. 101 - Correspondence from the Association of Municipalities of
Ontario (AMO) - Re: Large Urban Section Executive Motion. The communication provides
information with regard to AMO and Provincial negotiations - Megaweek Initiatives.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the
communication be received and filed for the info~7i~ation of Council. Carded Unanimously.
REPORTS
CS-97-02 - Chief Administrative Officer - Re: Niagara Falls People Mover Study -
Phase 2. The report recommends that the City retain the firm of Totten Sims Hubicki as
the consultant to undertake the second phase of the People Mover Study at a cost not to
exceed $300,000.
11 l i!~l IIIIflrlll
ORDERED on the motion of Alderman Ward, seconded by AIderman Hendershot, that the
report be received and adopted. The motion Carried with Alderman Cummings abstaining
from the vote on a conflict of interest, because Acres is involved and with all others voting
in favour.
MW-97-53 - Chairperson, Municipal Parking & Traffic Committee - Re: Municipal
Parking & Traffic Committee Recommendations - April 15, 1997, Meeting. The report
recommends the following:
MW-97-44 - Heritage Drive. Portage Road. Sinnicks Avenue: Heavy Vehicle Restriction -
That a heavy vehicle restriction be installed on the following roads: 1) Heritage Drive
between Swayze Drive and Stanley Avenue; 2) Portage Road between Mountain Road
and O'Neil St./St. Paul Avenue; 3) Sinnicks Avenue between Thorold Stone Road and
Mayfair Drive;
MW-97-47 - Bridgewater Street - Traffic Review
1) That Pedestrian Advance signs be installed at both ends of Bridgewater St. for traffic in
both directions; 2) That a stop bar be installed on the south approach of Dock SL at
Bridgewater SL ;
MW-97-49 - Bridgewater St. - Chippawa - Lease with Ontario Hydro
1) That the lease with Ontario Hydro for the lands (of which the lease is paid for from the
parking Fund) on the north side of Bridgewater Street between Portage Road and Laura
Secord Place be terminated; 2) To revert the parking to parallel, metered parking within the
road allowance; 3) That this recommendation be forwarded to the Community Services
Committee to determine the City's future need of this land for other purposes;
Carroll Avenue - Heavy Vehicle Restriction
That a Heavy Vehicle restriction be installed on Carrol Avenue from Virginia Street South
to the southern limit of Carroll Avenue;
Community Resoumes Centre - Victoria Avenue
That the Handicapped Parking stall located on Armoury Street just east of Victoria Avenue
be relocated to Victoria Avenue just north of Armoury Street;
By-law Enforcement - Commissionaires
That the ticketing practices of the Commissionaires be discussed at Council.
ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the report
be received and adopted. Carried Unanimously.
See By-law No. 97-78
R-97-19- Chief Administrative Officer- 1997 Parks & 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 Council.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
that the report be received and adopted. Carried Unanimously
IIIIII III I IITI]q II
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
actions taken on the following matters by Corporate Services Committee earlier this
evening, be approved:
1. Adoption of the minutes of Aprll 7, 1997 Corporate Services Committee meeting;
2. F-97-30 - Tax Registrations - that Report F-97-30 be received for information;
3. F-97-31 - 1996 Reserves - that the 1996 transfers to reserves be approved;
F-97-32 - Municipal Accounts - that the municipal accounts totalling $1,072, 775.40
for the period ending April 21, 1997 be appreved;
F-97-33 - Tax Balances at March 31, 1997 - that report F-97-33, tax balances at
March 31, 1997 be received for information;
MW-95-51 - Multi-Family Development; s/w comer McLeod Road & Alex Avenue,
80 townhome units; proposed development charges - that the development charges
for the development at the southwest comer of McLeod Road and Alex Avenue be
applied for the actual amount of increase in the demand for municipal services, L e.
25.4%;
MW-97-52 - Development Charges Adjustment Mount Carreel Plan four Subdivision
(former Reese's Inn) - that the developer for the Mount Carme/ Plan Four
Subdivision be reimbursed the equivalent Development Charges of eight residential
units;
Kanata Native Cultural Society - that the fees for the rental of the Niagara Falls
Memorial Arena on May 3 and May 4, 1997 be waived forthe Kanata Graduation
Powwow;
9. That the payment schedule for tax arrears be approved for two properties.
The motion Carried with Aldermen Creitor, Cummings, Susin and Ward abstaining from the
vote on conflicts of interest on Report F-97-32 previously noted; and Alderman Susin
abstaining from the vote on Report MW-97-31, dealing with the Fire Department portion
as members of his family are volunteer firefighters and with all others voting in favour.
L-97-2f - Chief Administrative Officer- Re: Welland County Roman Catholic
Separate School Board Transfer to the City and Dedication of Part I on Reference
Plan 59R-9668. The report recommends the following:
That Council accept the transfer of Part 1 on Reference Plan 59R-9668 from The
Welland Country Roman Catholic Separate School Board for nominal consideration;
That part 1 on Reference Plan 59R-9668 be established as a public highway, to be
known as Wilson Crescent;
3. That Block A Plan 189 be established as a public highway, to be known as Wilson
Crescent.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
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. 97-79
See By-law No. 97-80
II I;1111 IIIIII]11
L-97-23 - Chief Administrative Officer - Re: Establishment of Road Widening as a
Public Highway - Huggins Street; part of Stamford Township Lot 61. The report
recommends that a mad widening, described as part of Stamford Township Lot No. 61 be
established as a public highway, to be known as Huggins Street.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alde..an Fisher, that
the report be received and adopted. Carried Unanimously.
See By-law No. 97-81
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:
97-78
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Heavy Vehicles)
97-79
A by-law to authorize the acceptance of a Transfer/Deed of Part 1 on
Reference Plan 59R-9668 from The We/land County Roman Catholic
Separate School Board.
97-80
A by-law to establish Block A on registered Plan No. 189 and Part I on
Reference Plan No. 59R-9668 as a public highway to be known as and to
form part of Wilson Crescent.
97-81
A by-law to establish part of Stamford Township Lot 61 as a public highway,
to be known as and to form part of Huggins Street.
97-82
A by-law to provide monies for General Purposes (April 21, 1997)
97-83
A by-law to amend By-law No. 79-200, as amended. (AM10/97, 7430
Lundy's Lane)
The motion CanYed with Alderman Pietrangelo abstaining from the vote on By-law No. 97-
79 on a conflict of interest previously noted; and Aldermen Craitor, Cummings, Susin, and
Ward abstaining from the vote on By-law No. 97-82 on conflicts 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:
97-78
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Heavy Vehicles)
97-79
A by-law to authorize the acceptance of a Transfer/Deed of Part 1 on
Reference Plan 59R-9668 from The We/land County Roman Catholic
Separate School Board.
97-80
A by-law to establish Block A on registered Plan No. 189 and Part 1 on
Reference Plan No. 59R-9668 as a public highway to be known as and to
form part of Wilson Crescent.
97-81
A by-law to establish part of Stamford Township Lot 61 as a public highway,
to be known as and to form part of Huggins Street.
97-82
A by-law to provide monies for General Purposes (April 21, 1997)
IllIll III I IIl'l:]l II i ~
97-83 A by-law to amend By-law No. 79-200, as amended. (AM10/97, 7430
Lundy's Lane)
The motion Carried with Alderman Pietrangelo abstaining from the vote on By-law No. 97-
79 on a conflict of interest previously noted; and Aldermen Craitor, Cummings, Susin, and
Ward abstaining from the vote on By-law No. 97-82 on conflicts of interest previously noted
and with all others voting in favour.
NEW BUSINESS
Casino Monitoring Committee
Alderman Gary Hendershot advised that the Casino Monitoring Committee's new
offices were located at the comer of Main/Culp St. with their first meeting being held on
April 30th at 7:00 p.m at the N.F. Public Library and invited everyone to attend.
Alderman Kim Craitor requested further information on the Committee's mandate,
and was advised by AIdeli,an Hendershot that the mandate of the Committee was to
monitor the social, economical and law enforcement impact on the Niagara Region. He
further stated the Committee would be looking for data and make recommendations
based on that data, and relay this to the appropriate Minister who would relay them to the
Ontario Casino Corporation.
Conditions of Curbs
Alderman Fermino Susin expressed concerns regarding the conditions of curbs in
the Marlborough Place area and was advised that the work would be done this spdng.
Mayor~ Prayer Breakfast
Mayor Thomson complemented and congratulated Mr, Ken Burden, Director of
Finance, and his committee for all their work and efforts for a very successful Mayors
Prayer Breakfast that was held on April 16, 1997.
Tourism Program
Mayor Thomson referred to a new Tourism Program at SL Paul's School and St.
Michael School, where Grade 10, 11 and 12 students will have the opportunity to take
courses to improve their skills and their involvement in tourism and with providing quality
service to the toudst industry.
ORDERED on the motion of Alderman Creitor, seconded by Alderman Orr that a letter of
congratulations be forwarded to the schools for being successful in obtaining this program.
Car~ed Unanimously.
Downloading Comments/Concerns
Mayor Thomson referred to the downloading from the Provincial govemment and
the Region,' the strain on municipalities, and of employees expressing concems on the
loss of jobs, at the arenas and the Transit Commission. He assured employees that
although decisions will be made, they will not be made at the expense of employees.
ORDERED on the motion of Alderman Orr, seconded by AIderman Craitor, that Council re-
assures that any decisions made by Council will not be at the employees' expense.
Carried Unanimously
ORDERED on ~e motion of AIderman Wa~, seconded by AIderman O~ ~at ~e meeting
be adjourned. Ca~ed Unanimous~.
READ AND ADOPTED,
Igl III IIII1!11 II T ;
FOURTEENTH MEETING
COMMITTEE-OF-THE-WHOLE
Committee Room #2
April 28, 1997
Council met on Monday, April 28, 1997 at 6:45 p.m. in Committee of the Whole. All
members of Council, with the exception of Aldermen Craitor and Puttick, who were away
on vacation and Alderman Orr, who was away due to illness, were present. Alderman
Bruce Ward presided as Chairman.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
REGULAR COUNCIL MEETING
Council Chambers
April 28, 1997
Council met on Monday, April 28, 1997 at 7:00 p.m. for the purpose of considering
Regular Business Matters. All members of Council, with the exception of Aldei7iien Craitor
and Puttick, who were away on vacation, and Alderman Orr, who was away due to illness,
were present. Alderman Pat Cummings offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Susin requested that the Minutes of the April 21, 1997 Council meeting
be amended to reflect his conflict of interest on Official Plan Amendment No. 22.
ORDERED on the motion of Alderman Hendershot , seconded by Alderman Pietrangelo,
that the Minutes of April 21, 1997 Council meeting be adopted as amended. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Aldermen Campbell, Janvary and Pietrangelo indicated pecuniary interests on
Communication No. 105, Ministry of Education and Training, because Niagara South
Board of Education is their employer.
Alderman Susin indicated a pecuniary interest on Report F-97-34, Cheque No.
228877 and 228918 because members of his family are volunteer firefighters.
Alderman Ward indicated a pecuniary interest on Report F-97-34, Cheque No.
228871, because he has a business interest.
PRESENTATIONS
Niagara Rapids Atom BB Girl's Hockey Team
His Worship Mayor Thomson introduced Mr. Scott Morris, Head Couch, Niagara
Rapids Atom BB Girls' Hockey Team, along with Assistant Coach: Sue Boucher, and
Trainer.' Katie Morris who presented the gold medal to the City, which the team had won
in Brampton at the largest women's hockey toumament in the world.
Mayor Thomson congratulated and presented tokens of appreciation to team
members Allyson Desson; Lisa Roarco; Krystin Wilson; Jessica Shwedyk; Lauren
Leighton; Kristi Morris; Staci Klipich; Kim Oriowski; Danielle Gibson; Meghan Page;
Charlene Roarco; Danika Oriowski; Erin Honsberger and Felicia Scaringi.
DEPUTATIONS
The Salvation Army Red Shield Campaign
Captain Carr, Corps Officer provided information on the assistance programs of
the Salvation Army and of their 1997 Red Shield Campaign and requested Council's
support of the campaign. Mr. Jeff Morgan, Campaign Chairperson for Niagara Falls
presented Mayor Thomson with the Red Shield Flag to be flown at City Hall during the
month of May.
Niagara Falls Gamblers Lacrosse Club
Mr. Don Jones, Director of Promotions, Niagara Falls Gamblers provided an
update of the Niagara Falls Gamblers Lacrosse Team; informed of the kickoff of the team
on May 7, 1997 at the Niagara Falls Memorial area.
His Worship Mayor Thomson thanked Mr. Jones for his presentation and invited the
community to come out and support the team.
Lundy~ Lane Business Improvement Area
Mr. Len Cade, Chairman, Lundy~ Lane Business Improvement Area provided
background infomiation on the establishment of the Lundy's Lane Business Improvement
Area; reviewed the Lundy's Lane BIA Budget for 1997; expressed concems regarding the
inability of direct accessability from the Q.E W. to Lundy's Lane; the establishment of a
Master Plan for well-planned and improved directional signage; transportation and traffic
flow; and requested that Council approve the Lundy's Lane Business Improvement Area
proposed budget for 1997, ratify the following slate of Officers to the Board of Directors:
Len Cade, Chairman, Best Western Cairn Croft; Letitia Di Bellonia, Vice Chairman;
John Harris, Secretary, CIBC, Lundy's Lane & Leonard; Cindy Laurin, Treasurer,
Caravan Motel; Diractora at large: Robert Orsini, Ramada Coral Inn; Win Valiquette,
Seneca Motel; Ralph Biamonte, Mick and Angelo's Eatery & Bar; Heather Sanders,
Whimsical Creations; Diane VanKleef, Campark Resort and Hope McCatty, Dutch Inn
Motel and to appoint two Aldermen to the Board as the City's representatives.
lllll III I ~ II II IllIN
ORDERED on the motion of Alderman Pietrangelo, seconded by AIderman Cummings, that
Council approve the Lundy's Lane Business Improvement Area 1997 Budget and ratify
the appointments to the Board of Directors; and further that Aldermen Craitor and Volpatti
be appointed as the City's representatives to the Lundy's Lane Business Improvement
Area Board. Ca~ed Unanimously.
Property at 5965 Barker Street - Historical Significance, Zoning Amendment
Application AM-7/97
- AND -
Communication No. 102 - Report from J. K. Jouppien. The communication provides
information of a preliminary inspection of the residence at 5965 Barker Street.
-AND-
Communication No. 103 - Lundy~ Lane Historical Society. The communication
attaches a copy of a motion regarding supporting the preservation of this eady 19th century
house with a number of concerns.
Mr. Brian Sinclair, Solicitor, on behalf of the applicant referred to the historical
aspects of the building at 5965 Barker Street and advised that if the application was
approved, his client would like to have the building moved by June 15, 1997; discussed the
concems of Mr. Peter Kelly with respect to fencing and of garbage containers to be placed
further away from his property.
Mr. Robert Foley, Lundy~ Lane Historical Society requested an opportunity be
provided to meet with the owners to explore all the avenues in order to save the building
and requested the City's staff involvement on the issue.
Ms. Janice Wing, Friends of Lundy~ Lane Battlefield advised that the Executive
Committee had passed a resolution indicating their support of any organized attempt to
preserve the building; referred to the issuance of a tax number be provided for the
issuance of tax receipts.
Mr. Peter Kelly, 5977 Barker Street discussed the maximum lot coverage and size
of the proposed building; referred to fencing and of waste containers being moved further
away from his property. Mr. Kelly requested that he be involved in the site plan process.
Mr. Derrick Miller, advised that a committee is to be set up in order to solicit
corporate donations to save this herftage building and indicated that the City's help would
be required to issue the tax receipts.
Following the discussion, it was ORDERED on the motion of Alderman Fisher,
seconded by Alderman Volpatti, that the application be approved. Carried Unanimously.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the
correspondence be received and filed. Camed Unanimously.
RA TIFICA TION OF THE COMMITTEE-OF- THE-WHOLE MATTER
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the action taken on the following matter by Committee-of-the Whole, earlier this
evening be approved:
Ilhlll IIII [ I11111]111 I r
To authorize staff to negotiate the acquisition of the property at 6046 Lundy's Lane. Carried
Unanimously.
Alien Encounters Sign Application
Report L-97-29 - Chief Administrative Officer - Re: Sign Application, Alien
Encounters, Victoria Avenue. The report recommends that the report is for the
consideration of Council.
Mr. AI Reinhart, Vice President, Alien Encounters was in attendance regarding
the proposed signage.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, to
approve the Sign as presented and further that the applicant work with staff to incorporate
a smaller version of an alien into the design. Carried Unanimously.
COMMUNICATIONS
Communication No. 104 - The Niagara Parks Commission - Re: 1997 Fireworks
Presentations. The communication requests permission to carry out their annual fireworks
displays over the Falls on May 19, May 26, May 30, June 6, June 13, June 20, June 27,
July 1, July 4, July 11, July 18, July 25, August 1, August 8, August 15, August 22, August
29, and September 1, 1997.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the request be appreved subject to established policy. Carried Unanimously.
Communication No. 105 - Ministry of Education and Training - Re: Funding of School
Crossing Guards. The communication provides information on the type of funding
assistance that is provided by the Ministry of Education and Training.
ORDERED on the motion of AIdei~iian Cummings, seconded by Aldefiiian Fisher, that the
communication be received and filed and further that the City's concerns be forwarded to
all M.P.P.'s representing the Niagara Region. The motion Carried with Alde..en
Campbell, Janvary, and Pietrangelo abstaining from the vote on conflicts of interest
previously noted and with all others voting in favour.
REPORTS
MW-97-55 - Chief Administrative Officer - Re: Tender N.P. 02-97, For the Supply of
Ready Mix Concrete. The report recommends that the supply of ready mix concrete be
awarded as outlined on the summary sheets.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
MW-97-56 - Chief Administrative Officer - Re: Tender N.P. 01-97, Supply of
Bituminous Patching Materials & Asphalt Emulsions. The report recommends that the
tender for the supply of materials as listed below, be awarded as outlined on the summary
sheeL
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carded Unanimously.
MW-97-57 - Chief Administrative Officer - Re: Dust Control Tender. The report
recommends that staff be authorized to pumhase approximately 350 tonnes of tembind at
a cost of $97.57 per tonne, taxes included.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carded Unanimously.
MW-97-58 - Chief Administrative Officer- Re: Equipment Rental Tender 4-97. The
report recommends that prices submitted by the Niagara contractors for a variety of
equipment be accepted as required.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrengelo, that
the report be received and adopted. Carried Unanimously.
R-97-20 - Chief Administrative Officer- Re: Use of Oakes Park Pitch/Track Area. The
report recommends the following:
That Council support the following action steps: 1) the implementation of a Signage
program at Oakes park that will encourage the following: that walkers are to use outside
lanes (3 to 6) while runners are to use the inside lanes (1 to 2); that runners and walkers
will be restricted from use of the track during special events. 2) that an Education Program
be implemented that will encourage the safe use of Oakes Track for all users in the
community.
Mr. Ted Sauer requested that Council consider having two outside lanes for walkers
and that the two inside lanes be utilized by runners; he further requested that during track
events there be no walkers or runners on the track.
Following the discussion, it was ORDERED on the motion of Alderman Cummings,
seconded by Alderman Fisher, that the report be received and adopted. Carded
Unanimously.
PD-97-39 - Chief Administrative Officer- Re: Application for Site Plan Approval,
SPC9/95; 5470 Drummond Road; Proposed Garbage Enclosure. The report
recommends that Council approve of an extemal garbage enclosure, with landscaping as
required by the Site Plan Technical Committee, at the location shown for the development
on the northeast comer of Drummond Road and Prospect Street.
ORDERED on the motion of AIdennan Hendershot, seconded by Alderman Fisher, that the
report be received and adopted. Carded Unanimously.
F-97-34 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that Council approve the accounts totalling $342,113.68 for the period ending
April 28, 1997.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the report be received and adopted. The motion Carded with Aldermen Susin and Ward
abstaining from the vote on conflicts of interest previously noted and with all others voting
in favour.
See By-law No. 97-86
L-97-22 - Chief Administrative Officer - Re: Land to be declared surplus part
Stamford Township Lo~s 209 and 210 being part I on Reference Plan 59R-4705; West
side of Montrose Road, South of Brown Road. The report recommends that part of
Stamford Township Lots 209 and 210, designated as part 1 on Reference Plan 59R-4705,
be declared surplus.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the report be received and adopted. The motion Carded with Alderman Susin voting
contrary to the motion and with all others voting in favour.
See By-law No. 97-87
L-97-25 - Chief Administrative Officer- Re: Transfer of Road Allowance within Plan
Nos. 258 & 259, former Village of Chippawa. The report recommends the following:
To declare that part of the road allowance between Concessions 1 and 2, in the
former Township of Willoughby, closed in 1966 by By-law No. 1316, to be surplus
to the needs of the City;
- 6 -
2. To authorize the Mayor and Clerk to execute the documents necessary to release
any interest the City may have in the road allowance described in Recommendation
No. 1.
ORDERED on the motion of Alderman Ward, seconded by Alderman Campbell, that the
report be received and adopted. Carried Unanimously.
See By-law No. 97-84
L-97-28 - Chief Administrative Officer- Re: Keighan Agreement with the City, Land
Division Committee Consent. The report recommends that Council authorize the
execution by the Mayor and Clerk of an Agreement dated April 14, 1997 between Elena
Forte, Rose Keighan, Raymond Jeffrey Keighan and Matthew John Keighan to satisfy a
condition of Land Division Committee consent.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Pietrengelo, that
the report be received and adopted. Carried Unanimously.
See By-law No. 97-85
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that leave be granted to introduce the following by-laws and the by-laws be read a first
time:
97-84
A by-law to authorize the execution by the Mayor and Clerk of Quit C/aim
Transfers/Deeds for the putlose of releasing any interest the City may have
in a road allowance between Concessions 1 and 2, in the former Township
of Willoughby with respect to certain lots on Plan Nos. 258 and 259.
97-85
A by-law to authorize the execution of an agreement with Rose Keighan,
Raymond Jeffrey Keighan, Matthew John Keighan and Elena Forte for the
purpose of satisfying a condition of Land Division Committee consent.
97-86
A by-law to provided monies for General Putloses (April 28, 1997)
97-87
A by-law to declare part of Township Lots 209 and 210, in the former
Township of Stamford, now in the City of Niagara Falls designated as Part
1 on Reference Plan 59R-4705, surplus.
97-88
A by-lawto authorize the purchase of a daylighting triangle, being Part 1 on
Reference Plan No. 59R-9864, from William and Esther Campbell for the
sum of $4,000. O0 plus costs.
The motion Carried with Alderman Susin voting contrary to the motion on By-law No. 97-
87; and Aldermen Susin and Ward abstaining from the vote on By-law No. 97-86 on
conflicts of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the following by-laws be now read a second and third time:
97-84
A by-law to authorize the execution by the Mayor and Clerk of Quit Claim
Transfers/Deeds for the putlose of releasing any interest the City may have
in a road allowance between Concessions 1 and 2, in the former Township
of Willoughby with respect to certain lots on Plan Nos. 258 and 259.
97-85
A by-law to authorize the execution of an agreement with Rose Keighan,
Raymond Jeffrey Keighan, Matthew John Keighan and Elena Forte for the
purpose of satisfying a condition of Land Division Committee consent.
97-86
A by-law to provided monies for General Purposes (April 28, 1997)
97-87
A by-law to declare part of Township Lots 209 and 210, in the former
Township of Stamford, now in the City of Niagara Falls designated as Part
1 on Reference Plan 59R-4705, surplus.
97-88
A by-law to authorize the pumhase of a daylighting triangle, being Part 1 on
Reference Plan No. 59R-9884, from William and Esther Campbell for the
sum of $4,000. O0 plus costs.
The motion Carried with Alderman Susin voting contrary to the motion on By-law No. 97-
87; and Aldermen Susin and Ward abstaining from the vote on By-law No. 97-88 on
conflicts of interest previously noted and with all others voting in favour.
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
action taken on the following matter by Committee-of-the Who/e, earlier this evening be
approved:
That Council accept the offer submitted by West Niagara Capital Corporation for the
purchase of the Montrose Business Park in the amount of $ 2million with a $25,000 initial
deposit as submitted with the Offer to Purchase. The motion Canfed with Alderman Susin
voting contrary to the motion and with a~ others voting in favour.
ORDERED on the motion of Alderman Pietrange/o, seconded by Alderman Hendershot,
that leave be granted to introduce the following by-law and the by-law be read a first time:
97-89
A by-law to authorize the execution by the Mayor and Clerk regarding the
Offer to Purchase Montrose Business Park.
The motion Canfed with Alderman Susin voting contrary to the motion and with all others
voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot,
that the following by-law be now read a second and third time:
97-89
A by-law to authorize the execution by the Mayor and Clerk regarding the
Offer to Purchase Montrose Business Park.
The motion Canfed with Alderman Susin voting contrary to the motion and with all others
voting in favour.
NEW BUSINESS
Unsigned Letter
Alderman Gary Hendershot expressed displeasure for the actions of the individual
who forwarded unsigned correspondence to members of Council regarding the 6 pad ice
rental matter. He was advised by His Worship Mayor Thomson stated that there would be
no decisions made on the issue, until there has been ample opportunity for all groups to
come before Council and provide their input.
li[,lll lil [lil~llllllll I r
United Way Corporate Challenge
Alde~an Shirley Fisher advised members of Council that the United Way Corporate
Challenge events would commence on June 1, 1997 at Oakes Park.
2001 Canada Games
His Worship Mayor Thomson requested that the community show their support and
enthusiasm in having the 2001 Games in Niagara Falls to the Canada Games Bid
Committee by attending the welcome to the Canada Games Bid Committee on April 30,
1997 at the Sheraton Fallsview.
Sidewalks at Orchard Grove Subdivision
His Worship Mayor Thomson referred to correspondence requesting sidewalks in
the Orchard Grove Subdivision and suggested that the matter be referred to staff.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that the
matter be referred to staff. Carried Unanimously.
Helicopter noise complaints
Mayor Thomson referred to the issue of alterations to helicopter flight pattems and
of the noise over residential areas, he advised this was a Federal matter and that Council
did not have the authority to close down helicopter operations. He advised that meetings
are being scheduled to discuss the serious helicopter noise problems over residential
areas.
Garbage Disposal alongside roadways
Alderman Fermino Susin expressed concems on the issue of garbage being
dumped on the side of the roads, specifically Kalar, Gardner and Beaverdams Road and
suggested that the Provincial government be requested to consider harsher penalties for
individuals who dispose of garbage alongside roadways.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
FIFTEENTH MEETING
PLANNING MEETING
Council Chambers
May 12, 1997
Council met on Monday, May 12, 1997 at 7:00 p.m. for the purpose of considering
Planning and Regular Business Matters. All members of Council, with the exception of
Alderman Puttick, who was away due to illness, were present. Alderman Shirley Fisher
offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Creitor and Cummings indicated pecuniary interests on Report F-97-37,
Cheque Nos. M91895; 229119; M91902 and 229274 because members of their family are
employed by the Region.
Alderman Creitor indicated a pecuniary interest from the Council meeting of April 28,
1997 on Report F-97-34, Cheque No. 228960 because the recipient is his employer.
Alderman Orr indicated a pecuniary interest on Report F-97-37 on Cheque Nos.
229294; M91897 and 229179 because she is employed by the Casino.
Alderman Pietrengelo indicated a pecuniary interest on Report PD-97-57, because
a member of his family is involved in matters dealing with testamentary devise.
Alderman Susin indicated a pecuniary interest on Report MW-97-63 and on By-law
No. 97-94 because a member of his family resides in the area; and indicated a pecuniary
interest on Communication No. 139 (OPA No. 22) and By-law No. 97-97 because he holds
a mortgage on the lot on River Road and John Street with respect to the plan.
Alderman Ward indicated a pecuniary interest on Report F-97-37, Cheque No.
229039 because he has a business interest; and indicated a pecuniary interest on Report
PD-97-52, because he has a business relationship with the owner of the property.
PRESENTATIONS
Stamford Skating Club
His Worship Mayor Thomson introduced and congratulated Team Managers, Lois
Bell, and Theresa Reichalt and Coach Trish Perdue-Mills, and presented tokens of
appreciation with the assistance of Aldeiiiian Victor Pietrangelo to Danielle Adams;
Denise Bell; Korynne Churney; Elizabeth Colton; Julie Commerford; Elizabeth
Davidson; Tonya Dembicki; Lonnie Embleton; Deanna Gaudet; Mikell Gauvreau;
Melissa Gilleta; Andrea Lehnen; Kelly Leitch; Erin Mezzavilla; Tiffany Murray; Patti
Newton; Sarah Reichelf; Brittany Salderelli; Stacy Stephenson; Marissa Wallace;
Heather Waiters; Kelly Waltere; Kirsten Weerdenburg; Becky Whalen; and Jennifer
Woodland, members of the Stamford & Company Junior Team, 1997 Canadian Junior
Precision Champions;
and to Lisa Bell; Meghan Brady; Jasmine Canaria; Carly Commerford; Tess DeRose;
Kate DeRose; Erin Franklin; Nicole Kovacs; Elizabeth Kovacs; Alicia LeLievre;
Jennifer MacEachern; Stefanie MacLeod; Kate Martin; Kara McGuire; Kristen
McGuire; Victoria Morrison; Heather Niznik; Meagan Opatovsky; Sarah Pietersen;
Nicole Primeau; Natalie Pull; Lisa Romanin; Sarah Schuchard; Nicole Sims;
Shaelene Stranges; Kristie Thomas; and Becky White, members of the Stamford
Sensations Juvenile Team, 1997 Provincial Juvenile Precision Champions.
Recognition of Courage and Quick-Thinking
His Worship Mayor Thomson, Fire Prevention Officer, Lee Smith and Fire Chief
Peter Corfield presented a token of appreciation to Marion Paget in recognition of her
outstanding courage and quick-thinking during an emergency and the saving of Mr.
Alexander Simms from a burning apartment.
Niagara Falls Business Showcase Award
Mr. George Waters, Chairman, Business Development Advisory Committee,
provided a brief company profile of Roman Cheese Products; advised this year would
mark the company's 37th business anniversary in the community and introduced the
recipients, Alfredo and Nick Varalli, of Roman Cheese Products.
His Worship Mayor Thomson presented the Niagara Falls Business Showcase
Award in recognition of their contribution to the economic growth of our community through
their substantial accomplishments.
CURRENT PLANNING MATTERS
PD-97-51 - Chief Administrative Officer- Re: Zoning By-law Amendment Application,;
AM-9/96, 1162747 Ontario Limited c/o Vincent Anthony Kerrio; North side of Forest
Glen Drive opposite Glenoaks Avenue. The report recommends that Council adopt the
recommendations contained in the attached report PD-97-06.
- AND -
Communication No. 106 - Form Letters of Objection from 19 residents in the area. The
communications advise as being strongly opposed to the zoning by-law amendment for the
following reasons: the density of land coverage; the decrease in property value; the
esthetics of the existing building and lands; the safety concerns; the changes of the
existing plan.
Communication No. 107 - Mr. Douglas Kane, 3900 Glenoaks Avenue. The
communication advises as being opposed to the zoning by-law.
Communication No. 108 - The Regional Municipality of Niagara, Servicing Review
and Approvals. The communication advises as having no objection to the zoning by-law
amendmenL
Communication No. 109 - Regional Niagara, Planning and Development Department.
The communication advises as having no objection to the approval of this application.
Communication No. 110 - Mr. & Mrs. R. MacLeod, 8111 Forest Glen Drive. The
communication advises as being vehemently opposed to the zoning by-law amendment.
- 3 -
Communication No. 111 - Mr. James P. DiBellonia, 8111 Forest Glen Drive. The
communication advises as disapproving of the zoning by-law amendment.
Communication No 112 - Angelo D'Onofrio, 8111 Forest Glen Drive. The
communication advises as being in opposition to the zoning by-law amendment.
Communication No. 113 - T.P. and Ruth McEIhanney, 8111 Forest Glen Drive. The
communication advises as being in favour of the proposal
Communication No. 114 - Ernie Malouin. The communication expresses concems on
how the amendment will affect the previously agreed upon shared use of recreational
facilities; the proposed boundaries between the two properties would be inappropriate if
Phase 2 is not built; and that the existence of a row of garages facing onto Forest Glen
Drive would be an eyesore in the neighbourhood.
Communication No. 115 - John K. Shurie, 8111 Forest Glen Drive. The communication
advises as being in opposition to the proposed amendment.
Communication No. 116 - Francis J. Matthews, 8111 Forest Glen Drive. The
communication provides comments on the subject lands and of binding agreements.
Communication No. 117 - Sylvana Louras & Irene Loutas, 4466 Latina Crescent. The
communication advises as being opposed to the application.
Communication No. 118 - G. L. Hadley, M.D., 4256 Portage Road. The communication
advises that more information is required on the matter.
Communication No. 119 - A. E. Sheppard, 8111 Forest Glen Drive. The communication
advises that the matter should not go forward until the developer has had an opportunity
to meet with all the condominium holders to discuss the Disclosure Statement as well as
the reciprocal agreemenL
Communication No. 120 - Frank P. Amadio, 77 Huntley Sreet, Toronto. The
communication suggests the matter not go forward until discussions are held to discuss
the Disclosure Statement as well as the reciprocal agreement.
Communication No. 121 - Ray & Joyce Matthews, 8111 Forest Glen Drive. The
communication advises as objecting to the proposed zoning change.
Communication No. 122 - Regional Niagara, Planning & Development Department.
The communication advises as not being opposed to the proposal
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 April 11, 1997.
His Worship Mayor Thomson received indication that Mr. John Broderick, 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 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 discussed the subject lands with the
assistance of posted sketches and advised that staff recommendations are to deal with the
matter from a "land use "prospective only; referred to a reciprocal condominium agreement
that was in the process of being addressed but that it was beyond the City's control; he
stated that the intent of the application was to change the zoning of the subject lands which
permit apartments to a lower density high-end townhouse type of/and use, that the density
would be reduced from a 76-unit building to a 23-unit townhouse development; referred to
land use compatability and indicated that the Floodplain of the W-5-1 watercourse would
not be affected by the proposed development.
The Director of Planning and Development referred to the orientation of the
townhouses that would be fronting Forest Glen Drive; the issue of tree preservation in the
area; and the shifting of the ingress and egress points to accomodate the concerns of
residents and of maintaining the proper set backs.
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. Eric Henry, 8111 Forest Glen, advised that he supported the application for
a 23-unit development as an alternative to having 76 units in the area. He commented that
the reciprocal agreement was registered on title; he advised that the issue of resolving
the differences between the residents and the proponent of the subject lands could be
resolved privately. Mr. Henry requested that Council approve staffs recommendations.
In response to questions raised, the City Solicitor provided clarification with respect
to a breech of a contractural agreement and advised that the City could not get involved
in private, contractural arrangements.
Mr. Randy Boyce, Solicitor, on behalf of the Niagara South Condominium
Corporation No. 34, discussed the application and advised if the proposal was approved,
the Condominium Board wanted to make certain that the proposed by-law would reduce
the density to 23 units and that there would be no turning back if economic conditions
changed; he commented on land use issues versus contractural issues; stated that it would
be unrealistic to proceed wtih the approval of the proposed 23 unit development until an
agreement had been reached, which the Board could then recommend to the owners;
advised that despite considerable progress in resolving the issues, complete agreements
had not been reached and that the Corporation and the Board of Directors could not
support the proposal. He further advised that until there was an agreement with regard to
the realignment of boundaries with costs and the amendment to the declaration with
costs, there should be no approval of a new developmenL
During the discussion, concems were expressed on the issue of boundary lines
and what portion of costs should be bom by the condominium and by the developer.
Mr. Ray Matthews, 8411 Forest Glen Drive, expressed opposition to the proposed
zoning. He also indicated that not all the residents were in support of the proposal unless
an agreement was reached and suggested the applicant meet with the residents to
discuss concems on density, the driveways of Forest Glen Drive and traffic hazards.
Mr. Douglas Kane, 8411 Forest Glen Drive, expressed opposition to the
proposal and referred to the following concerns: the density of land coverage; safety
concerns; changes to the existing plan; esthetics of the existing building and lands and
indicated that the project did not fit within the parcel of land proposed.
The Director of Planning and Development commented that Council pass the
proposed use and that a zoning by-law be established after the site plan.
Mr. Jack Shurie, 8411 Forest Glen Drive, suggested that the by-law be left in
place until all parties concerned have made a decision and the differences have been
resolved.
Mr. John Broderick, Solicitor, advised that since there was no market for highrise
development in this community, his client was requesting an altemative for 23 townhouse
units; responded to concems regarding the implementation of the original plan; discussed
the method of proceeding to amend the reciprocal agreement; the issue of boundary
lines and cost sharing and requested Council give approval to proceed with the 23 units
on this site.
Bernadette McConnell, 8124 Forest Glen Drive, expressed opposition to the
proposal and indicated she was not in favour of having townhouse units in the area.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-9/96 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the matter be deferred for up to two months in order that negotiations can be held to
resolve the issues and that the matter be brought back with no additional costs to the
developer. The motion Carried with Alderman Orr voting contrary to the motion and with
all others voting in favour.
ORDERED on the motion of Alden.an Hendershot, seconded by Alderman Pietrangelo,
that the correspondence be received and filed. Carried Unanimously.
PD-97-42 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM- 12/97, 3552 Bridgewater Street; Applicant: Teri Salvador. The report recommends
the following:
That Council approve the application to permit the existing dwelling at 3552
Bridgewater Street to be used for bed and breakfast accomodations providing a
maximum of three rooms for guests, conditional upon the applicant addressing the
concems of the abutting neighbour;
That the applicant submit for approval by staff an acceptable site plan that
illustrates a parking area for the use of the bed and breakfast patrons;
3. That the applicant construct the parking area in accordance with the approved plan.
- AND -
Communication No. 123 - The Niagara Parks Commission. The communication
advises as having no objection to the proposed zoning by-law amendment, but expresses
concems with respect to the parking and access situation.
Communication No. 124 - Niagara Peninsula Conservation Authority. The
communication advises as having no objection to the application.
Communication No. 125 - Mr. & Mrs. Carmen Lanni, 7909 Sarah Street. The
communication advises as being in opposition to the proposal
Communication No. 126- Regional Niagara, Planning and Development Department.
The communication advises as not being opposed to the application.
-6 -
Communication No. 127- Regional Niagara, Servicing Review & Approvals. The
communication advises as having no objections to the rezoning.
Communication No. 128 - Barbara Tiffney and Mike FineIll, 8058 Cummings Lane.
The communication advises as being in opposition 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 April 11, 1997.
His Worship Mayor Thomson received indication that the applicant 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 reviewed the subject lands through the
use of posted sketches and advised that the purpose of the application was to consider a
site specific change to provide Bed and Breakfast accomodations; he
commented on the land use compatability; indicated there would be no extedor renovations
and that the green space was to be kept intact; he stated that parking for the Bed and
Breakfast facility would be located on Main Street. The Director of Planning and
Development further advised that the property was well-suited for Bed and Breakfast
accommodations and recommended Council approve 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. Bill Slovak, Solicitor, who was in attendance on behalf of the property owners
to the south, expressed concems on the issue of parking and the location of parking;
He suggested that parking on Bridewater Street be allocated to the residents of the
property and that parking be restricted to Main Street for the patrons of the Bed and
Breakfast establishmenL
Teri Salvador indicated that a privacy fence could be provided and that she would
be agreeable to the suggested parking arrangements.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-12/96 closed.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that
Recommendations No. 1 and No. 2 be approved and that Recommendation No. 3 be
amended to indicate that street parking be off Main Street. Carried Unanimously.
ORDERED on the motion of AIderman Wan:/, seconded by AIderrnan Hendershot, that the
correspondence be received and filed. Carried Unanimously.
PD-97-49 - Chief Administrative Officer- Re: Zoning by-law Amendment Application;
AM-11/97, Virgin Aerostations; South Side of Murray Street; former Ontario Hydro
Property; Agent: Robert hazra - Miller O'Dell Planning Associates. The report
recommends that Council not approve the zoning by-law amendment application to permit
a 30-passenger balloon ride to be operated on the subject land on a temporery basis for
the next three years (1997-2000).
- AND -
Communication No. 129a) - Regional Niagara, Planning & Development Department.
The communication advises as not being opposed to the application on the basis that the
proposed use is a temporery, interim land use; - AND - Communication No. 129b) -
Regional Niagara, Servicing Review and Approvals. The communication advises as
having no objections to the application.
Communication No. 130 - Tony Zappitelli, Liberty Inns. The communication advises
as objecting to the proposed balloon ride on the Ontario Hydro Distribution Station lands.
Communication No. 131 - The Niagara Parks Commission. The communication
advises as not being in favour of the proposed Zoning By-law AmendmenL
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 April 22, 1997.
His Worship Mayor Thomson received indication that Mr. Robert Hazra, Miller O'De~
Planning Associates 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 orel 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 subject
property through the use of posted sketches and advised that the City's Official Plan and
By-law does not provide or permit this type of attraction; he indicated that the Fallsview
area is considered to be an upscale type of area and this sort of development conflicted
with the planning policies; referred to environmentally sensitive developments, and view
plane guidelines and advised that the proposal did not conform to the view plane
guidelines. He further indicated that this type of attraction would be more appropriate in
a "Marineland" theme type of location and it was staffs recommendation not to support
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. Robert Hazra, Miller O'Defi advised that the attraction would not negatively
impact on the Casino proposal or the Gateway project, as it was geared towards a
sightseeing experience of the Falls; he further advised that his client did not intend to
redevelop the property, but there would be a structure for ticketing; souvenir sales and
visitors waiting area.
N~HII II E I:lll! illllll I r
- 8 -
Mr. Hazra introduced Mr. Hugh Band, Managing Director of Virgin Aerostations,
who provided a brief history of the company and advised that this attraction would be at
the location on a temporary basis, and if the casino was to go on the site, the company
would relocate. Mr. Band commented that the attraction was not a "thereed-type" of ride
and requested Council's consideration of the application.
Alderman Hendershot advised that it be noted that members of the Clifton Hill
Business Improvement Area had expressed their opposition to the application.
During the discussion, concern was expressed with regard to the proposed use
and the timeframe for the attraction.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-11/96 closed.
ORDERED on the motion of Alderman Vo/patti, seconded by Alderman Hendershot, that
the report be received and adopted. The motion Carried with Aldermen Campbell, Janvary,
Orr, Susin and Ward voting contrary to the motion and Aldermen Craitor, Cummings,
Fisher, Hendershot, Pietrangelo and Volpatfi voting in favour to the motion.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that
the correspondence be received and filed. Carried Unanimously.
PD-9746 - Ch id Administrative Officer- Re: Zoning By-law Amendment Application;
AM-15/97, 4838 Dorchester Road, Vincor International Incorporated (Applicant);
River River Realty Development (1976) Inc. (Agent). The report recommends that
Council approve the above-noted application to include a wine store as a pe~itted use on
the lands known as 4838 Domhester Road.
- AND -
Communication No. 132- Regional Niagara, Planning and Development Department.
The communication advises as having no objection to the rezoning 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 April 22, 1997.
His Worship Mayor Thomson received indication that the agent 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 advised that the application was to
include a wine store as a permitted use on the lands known as 4838 Domhester Road and
that staff recommend approval of the application.
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 negative
response in opposition to the application.
IIIII I[ I ~ II II III11
Mr. Joe Cuviello indicated support of the application and requested that he be
involved in the site planning process.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-15/96 closed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unimously
ORDERED on the motion of Alderman Hendershot, seconded by AIderman Volpatti, that
the correspondence be received and filed. Carried Unanimously.
See By-law No. 97-95
PD-97-43 - Chief Administrative Officer- Re: Application for Sits Plan Approval; SPC-
15/94, 3874 Portage Road; Proposed Parking Area Expansion. The report
recommends the following:
That Council approve the site plan to construct an additional parking area at 3874
Portage Road, for the Ontario Housing Corporation seniors apartment building;
2. That By-law No. 80-114 be amended to include the Fire Access Route as shown on
the site plan.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
PD-97-45 - Chief Administrative Officer- Application for Site Plan Approval; SPC-
8/97, 4421 Drummond Road; Proposed Expansion to Autoline Toyota. The report
recommends that Council approve the site plan for an addition to the automotive dealership
located at 4421 Drummond Road.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
PD-97-47 - Chief Administrative Officer- Re: Application for Site Plan Approval; SPC-
28/96, 4865 SL Lawrence Avenue; Proposed Expansion to The Reorganized Church
of Jesus Christ of Latter Days Saints. The report recommends that Council approve the
site plan for a proposed expansion to The Reorganized Church of Jesus Christ of Latter
Day Saints, located at 4865 SL Lawrence Avenue.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that the
report be received and adopted. Carried Unanimously.
PD-97-48 - Chief Administrative Officer- Re: Application for Site Plan Approval; SPC-
21/96, 5729 McLeod Road; Proposed Eight Unit Apartment. The report recommends
that Council approve the site plan for a proposed eight-unit apartment building located at
5729 McLeod Road.
ORDERED on the motion of Alderman Craitor, seconded by Alderiiian Campbell, that the
report be received and adopted. Carried Unanimously.
PD-97-50- Chief Administrative Officer- Re: Application for Site Plan Approval, SPC-
17/96, Proposed Zehre Markets, Southwest corner Dorchester Road & Morrison
Street, Vincor International Inc. The report recommends the following:
That Council approve the site plan for a proposed Zehrs markets food store for
Vincor International located on the southwest comer of Dorchester Road and
Mo~son Street;
10-
That this approval is conditional upon the applicant obtaining all other necessary
approvals and entering into all requisite agreements with Regional Niagara and the
City that pertain to the road improvements to Dorchester Road and Morrson Street;
3. That By-law 80-114 be amended to include the Fire Access Route.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
that the report be received and adopted. Carried Unanimously.
PD-97-52 - Chief Administrative Officer- Re: Application for Site Plan Approval; SPC-
1/97, 6158 Main Street, Proposed Night Club. The report recommends that Council
consider approval of the site plan for the proposed night club at ~;158 Main Street, inclusive
of the revisions to the site plan as detailed in this report.
- AND -
Communication No. 133 - Mr. Paul Badallan. The commur~ication expresses strong
opposition to the application.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. The motion Carred with Alderman Ward abstaining from
the vote on a conflict of interest previously noted and with all oihers voting in favour.
PD-97-53 - Chief Administrative Officer- Re: Street Name Change Request, Kimbark
Avenue to Cardinal Newman Way. The report recommends that Council authorize staff
to proceed with the required notification and public meeting to change the name of Kimbark
Avenue to Cardinal Newman Way.
ORDERED on the motion of Alderman Susin, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimously.
PD-97-54 - Chief Administrative Officer- Re: Delegation of Subdivision Condominium
Approval Authority. The report recommends the following:
That the City notify the Region that it agrees to assume~ the approval authority for
plans of subdivision and condominium effective July 1, 1997;
That City Council assure the Region that in accepting approval authority it will:
a) commit to recognize and accept Regional conditions;
b) agree to request ahd have regard to Regional comments;
c) collect and disburse the Regional subdivision fee;
3. That staff be directed to put into place the necessary approval and procedural
mechanisms to implement the attached flow chart.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Susin, that the
report be received and adopted. Carried Unanimously. ~
PD-97-55 - Chief Administrative Officer- Re: Establishment of Body Rub Parlours
within the Municipa~ty. The report recommends the following:
That staff be directed to prepare the appropriate by-laws (zoning and licensing) for
the establishment of Body Rub Parlours within the Municipality;
That the required public meeting be held for the Zoning By-law amendment once
the draft by-law is prepared.
Mr. Randy LaRonde, 6405 Culp Street expressed concems with respect to the
estalbishment of Body Rub Padours in the City and the enforcement and regulation of the
by-law.
IIIII I1! I ~ II II 11111
11 -
The City Solicitor responded that very strict regulations will be upheld with respect
to the licencing and zoning by-law dealing with Body Rub Parlours within the Municipality.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the
report be received and adopted. The motion Ca~ed with Alderman Cummings voting
contrary to the motion and with all others voting in favour.
PD-97-56- Chief Administrative Officer- Re: Application for Site Plan Approval, SPC-
14/97, Proposed Tourist Info,,,ation Kiosk, south west corner of Stanley and North
Street. The report recommends the following:
That Council approve the site plan for a tourist information kiosk located on the
southwest comer of Stanley Avenue and North Street;
2. That Council authorize the Mayor and Clerk to execute an agreement, to be
renegotiated annually, that requires the owner and the tenant to maintain the
subject property in accordance with the site plan.
ORDERED on the motion of Alderman Hendershot, seconded by AIderman Orr, that the
report be received and adopted. Carried Unanimously.
PD-97-57- Chief Administrative Officer- Re: Testamentary Devise Lots. The report
recommends that Council consider the options contained in this report to effectively
address the issue of testamentary devise and direct staff accordingly.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that the
report be deferred. The motion Carried with Aidelysian Pietrangelo abstaining from the vote
on a conflict of interest previously noted and with all others voting in favour.
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the Minutes of the Council Meeting of April 28, 1997 be adopted as printed. Carried
Unanimously.
COMMUNICATIONS
Communication No. 134- Ontario Public Service Employees Union (OPSEU) - Re: Bill
106 and Divestment of Property Tax Assessment. The communication urges Council to
call on the govemment to amend Bill 106 in the new assessment system over a four-year
period to ensure a professional assessment and the lowest number of appeals; and further
to communicate with the Association of Municipalities of Ontario (AMO) whose members
are in a strong position to persuade the govemment to delay the downloading of property
tax assessment until the reassessment is complete.
ORDERED on the motion of Alde~inan Janvary, seconded by Alderman Pietrangelo, that
the matter be referred to staff. Ca~ed Unanimously.
Communication No. 135 - The Regional Municipality of Niagara, Police Services
Board- Re: Adult Entertainment Licence. The communication advises that all provisions
of the by-law have been met and that the adult entertainment licence has been issued to
Sundo wner Inn.
ORDERED on the motion of Alderman Pietrangelo, seconded by Aldefiiian Cummings, that
the communication be received and flied for the information of Council. Carried
Unanimously.
IllriB 1]] I I'lXl'rfl~llr [ r
12-
Communication No. 136 - Mr. Fred Audibert- Re: Building of new satellite arenas. The
communication expresses concems on the proposal and of the probable arena fee
increases.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
the matter be referred to staff. Carried Unanimously.
Communication No. 137- National Prisoners of War Association (E. T.) of Canada -
Re: Use of Road. The communication requests Council permission to the use of Road
from the Skyline Brock Hotel to the Cenotaph on Sunday, September 28, 1997 and further
requesting permission to have the space in front of the Cenotaph kept clear of all buses
and vehicles for approximately 15 minutes.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrengelo, that
the request be supported subject to established policy. Carried Unanimously.
Communication No. 138 - The Corporation of the City of St. Catharines - Re: Port
Weller Dry Docks. The communication requests Council suppo~t~ through discussions with
local Members of Provincial Parliament and Federal Members pf the importance of ship
building and of the need for Port Weller to obtain ship retrofits, ship repair and most
importantly new ship building.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the
request be supported. Carried Unanimously.
Communication No. 139- Gowling, Strathy & Henderson - Re: Proposed Official Plan
Amendment 22. The communication addresses the issue of policies regarding Tourist
Commercial areas designations; and the retention of the City's pre-requisite study
requirements for all applications seeking to increase zoning perr~issions for retail uses, in
Tourist Commercial areas or other commercial designations.
ORDERED on the motion of Alderman Pietrangelo, seconded b.y Alderman Volpatti, that
the matter be referred to Planning. The motion Carried with Alderman Susin abstaining
from the vote on a conflict of interest previously noted and with all others voting in favour.
Communication No. 140 - Piraino & Raimondo Associate, Architects Inc. - Re:
Request for street lighting, Gallinger Street, Niagara Falls. Th~ communication requests
that Council consider providing new street lighting to Gallingei' Street in Niagara Falls.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings, that
the matter be referred to staff. Carried Unanimously.
Communication No. 14f - Regional Niagara, Public Health Department - Re: Regional
Smoke-Free Public Places By-law. The communication provides a schedule of public
meetings for the Regional Smoke-Free Public Places By-la~v and requesting that a
representative from the municipality be selected to atten~ the meeting slated for
Wednesday, April 14, 1997.
ORDERED on the motion of Alderman Janvary, seconded !>y Alderman Fisher, that
Aldermen Hendershot and Craitor be selected to attend the nteeting slated for April 14,
1997 regarding the Smoke-Free Public Places By-law. Carried Unanimously.
Communication No. 142 - Heart and Stroke Foundation of Ontario - Re: Proclamation.
The communication requests that Council proclaim the month of June as "Stroke Month"
and requesting authorization to conduct a Flag Raising Ceremony on Fdday, June 6, 1997
at 12:30 p.m. at City Hall.
ORDERED on the motion of Alderman Pietrangelo, seconded by Aldeiiiian Fisher, that the
request be approved subject to established policy. Carried Unanimously.
IIIII I1: I [ II II 11111
13 -
REPORTS
MW-97-61 - Chief Administrative Officer- Re: Contract 97-09, 1997 Crack Sealing,
City Wide. The report recommends that the unit prices submitted by the low tenderer,
788893 Ontario Limited, aka Niagara Crack Sealing, be accepted and the by-law passed.
ORDERED on the motion of Alderman Volpatti, seconded by Alde~an Susin, that the
report be received and adopted. Carried Unanimously.
See By-law No. 97-91
MW-97-62 - Chief Administrative Officer- Re: Contract 97-04, 1997 Asphalt Patching,
City Wide. The report recommends that the unit prices submitted by the low tenderer,
Economy Paving Company (St. Catharines) Limited, be accepted and the by-law be
passed.
ORDERED on the motion of Alderman Volpatti, seconded by Alde~an Susin, that the
report be received and adopted. Carried Unanimously.
See By-law No. 97-92
MW-97-63 - Chief Administrative Officer- Re: Contract 97-155-96; Stanley Avenue
Watermain; Morrison Street to Valley Way~ The report recommends that the unit prices
submitted by the low tenderer, Condotta Construction Ltd., be accepted and the by-law be
passed.
ORDERED on the motion of Alde~an Pietrangelo, seconded by Alderman Ward, that the
report be received and adopted. The motion Carried with Alderman Susin abstaining from
the vote on a conflict of interest previously noted and with all others voting in favour.
See By-law No. 97-94
MW-97-65 - Chief Administrative Officer - Re: Tender #5-97, New Equipment
Purchases. The report, recommends that the following tenders be accepted:
For one (~) 2-passengermini-van be awarded to the low bidder, Paul Foy Pontiac,
Niagara Falls, Ontario for a total price of $20,782.80;
For one (~) pickup truck be awarded to the low bidder, Niagara Motors, Virgil,
Ontario for a total price of $2~, 548. 70;
e
For Two (2) 10,000 GVW crew cab dump trucks be awarded to the low bidder,
Eastgate Ford, Hamilton, Ontario for a total price of $82,268.70;
e
For One (1) 1 O, 000 G VW service truck with hydraulic air compressor be awarded
to the low bidder, Eastgate Ford, Hamilton, Ontario for a total price of $58,012.90;
For One (~) 6 cubic yard dump with plow & wing be awarded to the low bidder,
Eastgate Ford, Hamilton, Ontario for a total price of $~ 08, 569.20;
For One (~) 59,000 Ib. GVR tandem dump with plow & wing be awarded to the low
bidder, Archer Truck, St. Cathafines, Ontario for a total price of $173,813.78;
7. For One (1) 4-wheel drive tractor with accessories be awarded to the sole bidder,
Work Equipment, Court/and, Ontario for a total price of $69,000. 00.
ORDERED on the motion of Alde~an Cummings, seconded by Alderman Fisher, that the
report be received and adopted. The motion Carried with Alderman Susin voting contrary
to the motion and with all others voting in favour.
R-97-22 - Chair, Environmental Planning & Greening Committee - Re: Actions
Stemming from the Environmental Planning & Greening Committee of April 30,
1997. The report recommends that Council endorse the actions of the April 30, 1997
meeting of the Environemntal Planning & Greening Committee.
14 -
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carded Unanimously.
R-97-23 - Chair, Canada Day Committee - Re: Canada Day Celebrations Update. The
report recommends that the information contained in this report be received and filed.
The report was deferred to a future Council meeting at the request of Alderman
Craitor.
RA TIFICA TION OF COMMUNITY SERVICES ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Aldefiiian Cummings,
that the actions taken on the following matters by Community Services Committee, earlier
this evening be approved:
1. Adoption of the Minutes of April 21, 1997 Community Services Committee;
MW-97-66 - Pilot User Pay for Waste Management Costs et Renaissance Hotel -
that authorization be granted to implement and evaluate a pilot user pay approach
for waste management costs at the Renaissance Fallsview Hotel for the 1997
calendar year;
L-97-26 - Request to amend Fence By-law, 6938 Waters Avenue - that approval be
granted for a six foot (6~ high fence on Mr. Michael Terry's front yard;
L-97-27 - Request to amend Fence By-law, 10591 Niagani River Parkway - that
staff be requested to enforce the requirements of the fence by-law;
MW-97-50 - Council Chambers Improvements - that staff be authorized to proceed
with the improvements to the Council Chambers itemized in ~Report MW-97-50, at
an estimated cost of $19,300.00; '.
MW-97-68 - Region's Interim Capacity Plan - that Report MW-97-68 be received
and filed for information and that staff participate in the review of the Interim
Capacity Plan; and that staff report to a future meeting of the Community Services
Committee;
MW-97-70 - Contract 95-27, Solid Waste Collection & Hauling - that Report MW-97-
70, Solid Waste Collection and Hauling be received and filed;
PD-97-58 - Consultant Selection Tourist Area Development Strategy - that Berddge
Lewinberg Greenbert Dark Gabor Limited be awarded the contract to undertake the
Tourist Area Development Strategy at a cost of $130, 000. 00;
9. Information Items/Verbal Updates -
That information be received on dedication of gas tax to build and maintain
Ontario's road transportation network;
That information on Contract 96-131-95, Phase 2 - Wiltshire Boulevard
Sanitary Sewer Replacement be received and ~ed;
Correspondence - Marlborough Place Update - that staff investigate methods
of funding works;
15 -
10.
Public Information Sessions - Windsor Crescent & Morden Dr. & Law Ave. - that
info~.ation be received on public information sessions to be held on Thursday, May
22, 1997- re: Proposed Construction on Windsor Crescent & Morden Drive & Law
Avenue;
/Request for tipping fee relief - Mr. D. Marchese, 6354 Sherwood/Road - that relief
of tipping fees for roofing shingles be granted to Mr. Domenic Marohese of 8354
Sherwood/Road, Niagara Falls - Aldermen Volpatti and Ward opposed;
12.
Home Composter Truck-load Sale, May 10, 1997 - information received by the
Committee with no formal motion made;
13. /Regional Smoke-Free Public Places By-law meeting, Wednesday, May 14, 1997
that Alderman Gary Hendershot attend the May 14, 1997/Regional Smoke-Free
Public Places By-law meeting in Alde~an Norm Puttick's absence;
The motion Carried with Aldermen Volpatti and Ward voting contrary to the motion dealing
with the request for tipping fee relief.
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
O/RDE/RED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
actions taken on the following matters by Community Sen/ices Committee, earlier this
evening be approved.'
1. Adoption of the minutes of April 21, 1997 Corporate Sen/ices Committee;
4a)
Arts & Culture Commission -/Re: Proposal for Fund/Raising Concert - that the City
will fund the advance expenses of the May, 1998 Brett Polegato Concert being
promoted by :the Arts and Culture Commission and that the City will provide a
receipt for the ,give of an antique automobile;
Report F-97-35 - Financing of Owners' Share of Local Improvements - that a rate
of 7.0% be applied to the portion of the cost of local improvements that have not
been paid by.property owners;
Report F-97-36 - Mill/Rates - that the 1997 Mill/Rates be approved- Alderman Susin
opposed;
4b)
That staff investigate and report on the possibilities of amending the distribution of
costs and/or the implementation of a user fee system to reduce the impact of a tax
increase on the rural residents;
/Report F-97-37 - Municipal Accounts - that the Municipal Accounts in the amount
of $1,845, 681.90 be approved for the period ending May 12, 1997;
Report F-97-38 - Financial Update - that the 1997 Financial Update be received for
information;
/Report F-97-39 - Provincial Funding/Realignment Impact -/Revised May, 1997 -
that the Provincial Funding/Realignment Impact/Report as revised May 1997 be
received for information;
That our local M.P.P. 's be invited in writing to meet with the Members of Council;
That the City reimburse the Management Board up to the amount of $2,000. O0
being the fee for a quit claim deed from the railway company regarding Dixon
Street.
lllllll li1 I IIIAIIll~! I T
16 -
The motion Carried with Alderman Susin voting contrary to the motion on Report F-97-36-
Mill Rates; and Alde~en Cummings, Craitor and Orr abstaining from the vote on Report
F-97-37 on conflicts of interest previously noted and with all others voting in favour.
See By-law No. 97-102
See By-law No. 97-103
See By-law No. 97-104
See By-law No. 97-105
CD-97-17 - Chief Administrative Officer- Re: Municipal Election Signs. The report
recommends that the information contained in this report be received and filed.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the report be received and filed for information. Carried Unanimously.
Following some discussion, it was ORDERED on the motion of Alderman Orr,
seconded by Alderman Hendershot, that the Clerk prepare a further report on the matter.
Carried Unanimously.
CD-97-18- Chief Administrative Officer-Re: Appointments to Boards, Commissions
and Committees - to appoint Anton P. Nielson to the Property Standards Committee.
The report recommends that Council appoint by By-law on this evening's agenda, Anton
P. Nielsen to the Property Standards Committee for the 1997, 1998 and 1999 term.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrengelo, that
the report be received and adopted. Can'fed Unanimously.
See By-law No. 97-96
L-97-03 - Chief Administrative Officer- Re: Release of Development Agreement,
RioCan Holdings Inc., 6777 Morrison Street. The report recommends that Council
release Riocan Holdings Inc. from a Development Agreement registered on title to the
property, municipally described as 6777 Morrison Street, and that the Mayor and Clerk be
authorized to execute any documents necessary for the purpose of releasing the parties
and terminating the said agreement.
ORDERED on the motion of Alderman Fisher, seconded by Alde~iian Volpatti, that the
report be received and adopted. Carried Unanimously.
See By-law No. 97-98
L-97-30 - Chief Administrative Officer - Re: Land to be Declared Surplus, Lots 540
and 541 on Registered Plan No. 260, South End Service Depot, Willoughby Drive.
The report recommends the following;
1. That Lots 540 and 541 on registered Plan No. 260, be declared surplus;
2. That the Property Manager be authorized to order an appraisal and an
environmental assessment of the property.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
L-97-32 - Chief Administrative Officer- Re: Bayshore Leasing Crisis Software
Cancellation Agreement. The report recommends that the Lease Agreement dated
January 30, 1995 between CDI Equipment Finance Inc. and The Corporation of the City
of Niagara Falls, which lease was assigned to Bayshore Leasing Corporation, be mutually
terminated.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
the report be received and adopted. Carried Unanimously.
BY-LAWS
ORDERED on the motion of AIderman Cummings, seconded by Aldeniian Pietrangelo, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
17 -
97-90
A by-law to provide for appointments to certain Boards, Commissions and
Committees (Lundy°s Lane Business Improvement Area)
97-91
A by-law to authorize the execution of an agreement with 788893 Ontario
Limited operating as Niagara Crack Sealing respecting 1997 Crack Sealing -
City wide
97-92
A by-law to authorize the execution of an agreement with Economy Paving
Company (St. Catharines) Limited respecting 1997 Asphalt Patching - City
wide.
97-93
A by-law to provide forthe adoption of an amendment to the City of Niagara
Falls Official Plan. (Amendment No. 19 to the Official Plan)
97-94
A by-law to authorize the execution of an agreement with Condotta
Construction Limited respecting Stanley Avenue watermain replacement
from Morrison Street to Valley Way.
97-95
A by-law to amend By-law No. 79-200, as amended. (AM15-97, Vincor
Intemational Inc.)
97-96
A by-law to provide for appointments to certain Boards, Commissions and
Committees (Property Standards Committee)
97-97
A by-law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan. (OPA No. 22)
97-98
A by-law to authorize the execution of an agreement with RioCan Holdings
Inc. for the purpose of releasing RioCan Holdings Inc. from the terms and
conditions of an agreement dated April 19,
97-99
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 per,~itted. (Zehrs Markets, Morrison & Dorchester)
97-100
A by-law to amend by-law No. 79-200, as amended. (AM-3/97, 5807 Ferry
Street)
97-101
A by-law to authorize the execution of an agreement with Falls Masonry
Limited operating as Pine Meadow Builders and others respecting the
proposed Pine Meadows Plan of Condominium.
97-102 A by-law to authorize monies for General Purposes (May 12, 1997)
97-103 A by-law to provide for the appropriations for the year 1997.
97-104
A by-law to fix the rate of taxation for 1997 and to provide for the levying of
taxes.
97-105
A by-law to impose special rates to provide for the payment of the owners
portion of the cost of a certain local improvement.
97-106
A by-law to authorize the execution of an agreement with Her Majesty The
Queen in Right of Ontario, as represented by the Chair of Management
Board of Cabinet regarding an Option Agreement dated April 10, 1995.
IllElm III ]I!Ela[I~I I T
18 -
97-107 A by-law to authorize the execution of an agreement concerning an
employment matter.
The motion Carried with Alderman Susin abstaining from the vote on By-law Nos. 97-94
and 97-97 on conflicts of interest previously noted; and Aldermen Craitor, Cummings, Orr
and Ward abstaining from the vote on By-law No. 97-102 on conflicts of interest previously
noted and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
following by-laws be now read a second and third time:
97-90
A by-law to provide for appointments to certain Boards, Commissions and
Committees (Lundy's Lane Business Improvement Area)
97-91
A by-law to authorize the execution of an agreement with 788893 Ontario
Limited operating as Niagara Crack Sealing respecting 1997 Crack Sealing-
City wide
97-92
A by-law to authorize the execution of an agreement with Economy Paving
Company (St. Catharines) Limited respecting 1997 Asphalt Patching - City
wide.
97-93
A by-law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan. (Amendment No. 19 to the Official Plan)
97-94
A by-law to authorize the execution of an agreement with Condotta
Construction Limited respecting Stanley Avenue watermain replacement
from Morrison Street to Valley Way.
97-95
A by-law to amend By-law No. 79-200, as amended. (AM15-97, Vincor
Intemational Inc.)
97-96
A by-law to provide for appointments to certain Boards, Commissions and
Committees (Property Standards Committee)
97-97
A by-law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan. (OPA No. 22)
97-98
A by-law to authorize the execution of an agreement with RioCan Holdings
Inc. for the purpose of releasing RioCan Holdings Inc. from the terms and
conditions of an agreement dated April 19, 19 71.
97-99
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. (Zehrs Markets, Morrison & Dorchester)
97-100
A by-law to amend by-law No. 79-200, as amended. (AM-3/97, 5807 Ferry
Street)
97-101
A by-law to authorize the execution of an agreement with Falls Masonry
Limited operating as Pine Meadow Builders and others respecting the
proposed Pine Meadows Plan of Condominium.
97-102 A by-law to authorize monies for General Purposes (May 12, 1997)
97-103 A by-law to provide for the appropriations for the year 1997.
19 -
97-104
A by-law to fix the rate of taxation for 1997 and to provide forthe levying of
taxes.
97-105
A by-law to impose special rates to provide for the payment of the owners
portion of the cost of a certain local improvement.
97-106
A by-law to authorize the execution of an agreement with Her Majesty The
Queen in Right of Ontario, as represented by the Chair of Management
Board of Cabinet regarding an Option Agreement dated April 10, 1995.
97-107
A by-law to authorize the execution of an agreement conceming an
employment matter.
The motion Carried with Alderman Susin abstaining from the vote on By-law Nos. 97-94
and 97-97 on conflicts of interest previously noted; and Aldermen Craitor, Cummings, Orr
and Ward abstaining from the vote on By-law No. 97-102 on conflicts of interest previously
noted and with all others voting in favour.
NEW BUSINESS
Niagara Falls Blossom Parade
Alderman Pat Cummings thanked Mayor Thomson, City staff and a~ the individuals
who were involved in the successful Blossom Festival Parade held on Saturday, May 10,
1997.
His Worship Mayor Thomson thanked Niagara Promotions and Alderman Pat
Cummings for their involvement in the Blossom Festival.
High Risk Offender
Alderman Gary Hendershot expressed concems on behalf of the community to the
release of an individual into the community who is a sedal rapist and requested that a
resolution be forwarded to Minister of Justice and our M.P. expressing concerns of the
community for their safety and the safety of their children.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that a
resolution be forwarded through the Mayors Office to The Hon. Allan Rock, Minister of
Justice and our M.P., expressing the concems of the community for their safety and the
safety of their childran. Carried Unanimously.
All Candidates Night
Alderman Kim Craitor referred to the upcoming Federal elections and infofiiied
Council that the Niagara Falls & District Labour Council in conjunction with the Chamber
of Commerce, would be holding an All Candidates Night on May 27, 1997 at Club Italia
at 7p.m.
Jay Cochrane~ Skywalk
His Worship Mayor Thomson requested Council support Mr. Jay Cochrane's
Skywalk to be held on September 6, 1997.
ll!EI ll1 ~ !:Ill Illll I r
20-
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
that the City of Niagara Falls supports, in principle, Jay Cochrane's Skywalk, which is to
take place in Niagara Falls on September 6, 1997 subject to the City receiving such
documents, agreements and other assurances as may be required to fully protect the City's
interests with respect to this event. Carried Unanimously
Niagara Fails Humane Societ~ Lottery
Alderman Paisley Janvary referred to the Niagara Falls Humane Society's 2nd
Annual Lottery and requested support of the worthwhile cause.
Get Well Wishes
ORDERED on the motion of Alderman Jan vary, seconded by A/derman Campbell, that Get
Well wishes be forwarded to Alderman Norm Puttick during his recent illness. $arried
Unanimously.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Susin, that the
meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
BIll I1: I I II II III]!
SIXTEENTH MEETING
COMMITTEE-OF- THE-WHOLE
Committee Room #2
May 26, 1997
Council met on Monday, May 26, 1997 at 5:50 p.m. in Committee-of-the-Whole.
All members of Council, with the exception of Alderman Ferm ino Susin, who was away on
vacation; and Alderman Norm Puttick, who was absent due to illness, were present.
Alderman Judy Orr presided as Chai. iian.
Following consideration of the items presented, the Committee-of-the-Whole did not
rfse to report in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
REGULAR MEETING
Council Chambers
May 26, 1997
Council met on Monday, May 26, 1997 at 7:00 p.m. for the purpose of considerfng
Regular Business Matters. All members of Council, with the exception of Alderman
Fermino Susin, who was away on vacation; and Alderman Norm Puttick, who was absent,
due to illness, were present. Alderman Selina Volpatti offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
Minutes of May 12, 1997 be adopted. Cartfed Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Cummings and Craitor indicated pecuniary interests on Report F-97-40,
Cheque Nos. 229365; 229544 and 229630 because members of their family are employed
by the Region.
Alderman Craitor indicated a pecuniary interest on Report F-97-40, Cheque No.
229621, because the recipient is his employer.
Aldermen Campbell, Janvary and Pietrangelo indicated pecuniary interests on
Report F-97-40, Cheque No. 229570 because they are employed by the School Board.
PRESENTA~ONS
Stamford Collegiate
His Worship Mayor Wayne Thomson and Alderman Pat Cummings presented
certificates of recognition to the Main Crow and Support Crow of Stamford Collegiate and
teachers who wero involved in the construction of the City Float for the Blossom Festival
Parade: Main Craw - John Mauro; Blair Young; Robert Shea; Tammy Fennet, Lisa Smith;
Brian Kirley; Jeff Keast; Isaac Lipson; Keith Jones; Tdssia Mellor; Mark Vajda (teacher);
Joe Coletto (teacher) and Doug Mellor (parent); Support Crew- Steve Dawson; Terry
Sutherland; Daniel Lizzotti; B.J. Battineau; Franklin Clendennin; Tracy Cruikshanks; Hoss
Gallen; Jeromy Ingram; Chrissy Jones; Amber Kostick; Dave MacKenzie; April Mantlor,'
Lisa Sackda; Jessica Scoff; Fiona Thompson; Cu Ha; Maged Younes; Mike Lava/lee; Doug
Waterhouse; Justin Haars; Jason Smith; Evertt Askeland; Sean Keep; Dave Miller and
Beth Foster.
Alderman Pat Cummings thanked Ms. Cynthia Roberts for her involvement in the
Blossom Festival.
His Worship Mayor Thomson prosented the First Place City Float plaque to
Alderman Pat Cummings and prosented a token of approciation to Mrs. Madene
Cummings, Niagara Promotions, for her involvement and participation in the Blossom
Festival Parade.
Niagara Falls Business Showcase Award
Mr. George Waters, Chairman, Business Development Advisory Committee
provided an overview of the business successes and contributions to the community by
Radio station CJRN 710; advised that June 1, 1997 would mark CJRN 710's 50th
Anniversary as our community radio station and introduced Mr. Keith Dancy, owner of
CJRN 710, who provided a brief history of the radio station.
His Worship Mayor Thomson prosented the Niagara Falls Business Showcase
award to Mr. Keith Dancy on behalf of the Business Development Advisory Committee, in
recognition of their contributions to the economic growth of the community through their
substantial accomplishments.
DEPUTATIONS
Labour Relations Issues
Mr. Pat Perri , CUPE member, Local 133, discussed the upcoming changes to the
Labour Act such as the elimination of the Successor Rights provision of the Ontario
Labour Relations Act; contracting out and work of the bargaining unit; he roferred to the
Provincial Govemment's consideration of removing the "right to strike" for Municipal
workers. and of AMO's agroement with the Provincial Government to consider changes
to the legislaturo. Mr. Perri prosented a rosolution that Council consider to go on rocord
as being opposed to any amendments to the Ontario Labour Relations Act that would
weaken Successor Rights; and that the City of Niagara Falls would honour and abide all
provisions of the Collective Agroements that the City has froely negotiated with its workers
and that the City of Niagara Falls opposes the romoval of the "right to strike" from those
of its employees who now have that right and that the Association of Municipalities of
Ontario be informed of the City's position.
The Director of Corporate Services responded to questions raised and advised that
meetings were scheduled between the Association of Municipalities of Ontario and the
Canadian Union of Public Employees National (CUPE) to discuss the issue of Succession
Rights.
Following the discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Fisher, that the matter be referred to staff for a report. Carried
Unanimously.
Nia~lara River Restoration Councfi
Mr. Jim Gm¢r, Chair, Niagara River Restoration Council provided an update on
the status and future challenges of the Niagara River Restoration Council (NRRC); invited
members of Council to the unveiling of a remedial action plaque on June 10, 1997; advised
that the City of Niagara Falls has been a long term supporter of the program and of the
Niagara River Restoration Council. Mr. Greer introduced Ms. Valefie Cromie, Niagara
Remedial Action Plan community liaison co-ordinator, who provided a slide
presentation of the new community outreach plan, which included the areas of concem;
best uses of the river, identifying problems, sourues and establishment of remedial actions;
health and beneficial uses; state pollution; discharge; elimination systems; municipal and
industrial strategies for abatement; the implementation of sound management practices
through the CARE program; educational storm marketing programs and citizen
involvement.
During the discussion, it was noted that Council supported the work being done by
the Niagara River Restoration Council and encouraged the community to condemn any
further cutbacks to these very necessary and important programs.
His Worship Mayor Thomson' thanked Mr. Graer and Ms. Cromie for their
presentation.
Queen Street Music Fest
Mr. Paul Juliar, Chainnan, Downtown Board of Management, provided
information on the Queen Street Music Fest being held on Saturday, July 19, 1997 and
requested Council permission to close up Queen Street during the event.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Pietrangelo, that
the City participate with the Downtown Board and close down Queen Street during the
Queen Street Music Fest event. Carried Unanimously.
Longest Day of Golf
Mr. Dan D~Amico, Chainnan of the Longest Day of Golf, provided infoi~iiation
on the longest day of golf event being held on behalf of the Canadian Cancer Society on
June 21, 1997 with the involvement of 6 local golf courses. Mr. D~mico thanked members
of Council on behalf of the Canadian Cancer Society for their time and consideration.
- 4-
COMMUNICATIONS
Communication No. 143 - Township of West Nissouri - Re: Maintenance Charges of
Railways and Road Crossing Conditions. The communication is seeking Council support
of a resolution requesting the Federal Minister of Transport investigate the billing methods
of both CN and CP Railways and develop an equitable system for a~ municipalities.
ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the
request be supported. Carried Unanimously.
Communication No. 144 - Stamford Collegiate, and the Canadian Soap Box Racers -
Re: Temporary Road Closure. The communication requests a by-law for a temporary road
closure of Hanah Street between North Street and Lundy's Lane for the purpose of running
a soap box race on Saturday, May 31, 1997.
ORDERED on the motion of Aldeiiiian Hendershot, seconded by Alderman Craitor, to
close the road and waive the road closure fee. Carried Unanimously.
Communication No. 145 - Shooting Star Productions - Re: Exemption Waiver of
Liability. The communication requests Council consider an Exemption Waiver of Liability
for a film segment to be shot in the vicinity of McLeod Road and Garner Road.
ORDERED on the motion of Alderman Cummings, seconc'ed by Alderman Volpatti, that
the matter of an exemption waiver of liability be deferred. Carried Unanimously.
Communication No. 146- Chippawa Business Improvement Area Association- Re:
Chippawa BIA. The communication advises Council that all correspondence be directed
to Mr. Norm Fortin, Chairman, Chippawa BIA Board of ManagemenL
ORDERED on the motion of AIde, i~an Pietrangelo, seconded by AIderman Cummings, that
the matter be referred to the Legal Department for a report to Council in two weeks. The
motion Carried with Aldermen Campbell, Hendershot and Orr voting contrary to the motion
and with all others voting in favour.
Communication No. 147 - Northend Bar & Grill - Re: Request for Event Permit. The
communication requests Council to permit an outdoor musical event on June 2, 1997
from 3 p.m. to 10 p.m. at the Northend Bar & Grill.
ORDERED on the motion of AIderr,an Volpatti, seconded by Alderman Pietrangelo, that
the request be approved subject to established policy. Carried Unanimously.
REPORTS
MW-97-73 - Chief Administrative Officer- Contract 97-02, 1997 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 Volpatti, that
the report be received and adopted. Can'fed Unanimously.
See By-law No. 97-108
MW-97-74 - Chief Administrative Officer - Re: Niagara Region Tender #96-T-16,
Supply of Granular Materials. The report recommends that the supply of granular
materials, as listed, be awarded as outlined on the attached summary sheet.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
MW-97-75 - Chairperson, Municipal Parking & Traffic Committee - Re: Municipal
Parking & Traffic Committee Recommendations - May 20, 1997 Meeting. The report
recommends the following:
MW-97-54 - Dirdene St. @ Parkdale Street - All Way Stop Request - that an all way stop
be installed at the intersection of Dirdene St. and Parkdale Street;
Queen Street @ SL Clair Ave. - Spring Forever Restaurant Request - that 1) the first
parking meter space located on the east side of SL Clair Avenue south of Queen Street
be removed; and 2) that a "No Standing Anytime" restriction be installed on the east side
of St. Clair Avenue from Queen Street to the first parking meter space south of Queen
Street;
MW-97-43 (revised) - Proposed Commercial Parking Lot Licensing By-law - that 1) the
proposed Commercial parking Lot Licensing Schedule 29 to By-law No. 76-102, be
approved; and that 2) the requirements of this by-law be phased in over a one year period,
as outlined in the report, for all existing private parking lots;
Municipal Parking Lots #3 & #10 - that Municipal Parking Lots fi3 and #10, be reconfigured,
to reduce the number of short term parking spaces and increase the number of leased
parking;
Clifton Hill BIA Request- that: 1) the on-street metered parking hours be extended to 3:00
a.m. along Clifton Hill; and 2) that parking infractions be enforced 24 hours a day in the
Clifton Hill area from June 1st to September 30th.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
report be received and adopted. Canfed Unanimously.
See By-law No. 97-109
See By-law No. 97-110
See By-law No. 97-116
R-97-23 - Chair, Canada Day Committee - Re: Canada Day Celebrations Update. The
report recommends that this report be received and filed for information.
ORDERED on the motion of Aldeiiiian Craitor, seconded by Alderman Campbell, that the
report be received and filed for information. Canfed Unanimously.
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the actions taken on the following matters by Community Services Committee, earlier
this evening, be approved:
1. Adoption of the May 12, 1997 Community Services Committee minutes;
R-97-26 - Purchase/Installation of Bases for W.L. Houck, M.F. Ker, Oakes &
Optimist Parks - that the City continue to provide the service of purchasing,
installing, removing, repairing and storage of bases at Houck, Ker, Oakes and
Optimist Parks;
R-97-21 - Parks, Recreation & Culture Policies & Procedures Section Revision - that
Section 1000. 0 "Funding Policies - Recreation Commission ", and Section 1000. 10
"Funding Procedures - Recreation Commission" be deleted; and that part of the
former Section 1000.9 "Financial Assistance for Leadership Training Funds Policy-
Recreation Commission" be assigned as new section 100.36; and tht the "Financial
Assistance for Recreation Organizations Policy - Recreation Commission" which
was previously part of Section 1000.9 be assigned as new section 1000.38;
R-97-24 - Municipal Alcohol Risk Management Policy - Proposed Policy Changes -
that the proposed changes to the Municipal Alcohol Risk Management Policy be
adopted;
R-97-27 - Summer Ice Schedule - that the schedule for use of Summer Ice Hours
at Stamford Memorial Arena be approved as presented;
M-97-64 - 1997 Sidewalk Construction Program - that staff proceed with the 1997
New Sidewalk Construction Program;
MW-97-67 - End of Year Review - Combination Sewer Catchbasins Cleaner
Operations - that Report MW-97-67 - End of Year Review Combination Sewer
Catchbasin Cleaner Operations be received and filed for information;
MW-97-69 - Canada/Ontario Infrastructure Program - that 1) the City participate in
the 1997 infrastructure program, with consideration given to Bridge Street
Streetscaping and Lyons Parkway being possible projects; and 2) that a
resolution be forwarded to the Federal & Provincial Governments requesting that
the deadline for completion of projects be extended to the end of the 1998
construction season; and also requesting that any additional funding which may be
available be provided to the City;
MW-97-72 - Maintenance of the Airport Municipal Drain - that staff be authorized to
pay to Niagara-on-the-Lake the invoiced amount of $19, 829.68 for maintenance
work completed on the Airport Municipal Drain and that invoices be mailed out to
all assessed City of Niagara Falls landowners for payment as set out in the
assessment schedule prepared by Niagara-on-the-Lake Consultant, Wiebe
Engineering Group Inc.
10. Information Item/Verbal Update:
Paving of Lundy~ Lane (Drummond road to Montrose Road) after June 15th
that the paving of Lundy's Lane from Drummond Road to Montrose Road be
carried out subject to obtaining BIA approval; and that the Region be asked to
conduct a telephone poll of their Councillors in order to expedite award of contract
and construction on the project;
11. New Business:
Railway Cars Parked near Our Lady of Peace and Mount Carmel Spiritual Centre -
that staff contact the railroad with respect to trains parked near Mount Carme/
Spiritual Centre;
Condition of Railway Tracks - Stanley Avenue near Genera/Abrasives & Bridge at
Victoria - that staff contact the railroad regarding condition of crossings on Stanley
Avenue (North of General Abrasives) and at Bridge and Victoria;
Grass Cutting of Private Lot at John Street & River Road - that staff investigate
complaints of grass requiring cutting at the comer of John Street and River Road;
Parking Meter Space on Ferry Street, in front of Sauer's Drugstore - that staff
investigate this matter and provide a report to the Parking & Traffic Committee.
Loading & Unloading of Vehicles Ferry Street/Centre Street - that businesses be
permitted to load and unload in the tourist core area; and that Commissionaires use
discretion in this matter,'
Review of Municipal Govemance in Niagara - Tech. Sub-Committee on Govemance
- that Alderman Norm Puttick's resignation from the Technical Sub-Committee on
Governance be accepted and that Alderman Gary Hendershot represent the City
on this Committee.
Carried
IIIII I1' I B II II BIll
PD-97-59 - Chief Administrative Officer- Re: 1997 Canadian Institute of Planners
Conference. The report recommends that the Director of Planning and Development be
authorized to attend the 1997 Canadian Institute of Planners Conference.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that
the report be received and adopted. Carried Unanimously.
PD-97-60 - Chief Administrative Officer- Re: Requests for Extension to Draft Plan
Approval; Williams Subdivision, 26T-93011 (Revised); Willlares Subdivision Plan 2,
26T-94001, River Realty Development (f976) lnc. The report recommends the following:
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 public information purposes;
2. That a copy of this report and the Council resolutions be forwarded to the applicant
and the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 38
F-97-40 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that Council approve the accounts totalling $2, 147,898.71 for the period
ending May 26, 1997.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
report be received and adopted. The motion Carried with Aldermen Campbell, Craitor,
Cummings, Janvary and Pietrangelo abstaining from the vote on conflicts of interest
previously noted and with a~ others voting in favour.
See By-law No. 97-117
CD-97-19 - Chief Administrative Officer - Re: AM- 10/97, Restricted Area By-law 97-
83; 7430 Lundy~ Lane. The report recommends that Council reaffirms its approval of By-
law 97-83 in order that the Clerk may notify the Ontario Municipal Board of Council's
position with respect to the By-law.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that
Council reaff;~i,s its position and that staff report whether the action is frivolous and
vexatious. Canjed Unanimously.
CD-97-20 - Alderman Gary Hendershot- Re: Smoke-Free Public Meeting. The report
recommends that Council receive and file this report for information.
ORDERED on the motion of Hendershot, seconded by Alderman Pietrangelo, that the
report be received and filed. Canjed Unanimously.
CD-97-21 - Chief Administrative Officer- Re: Special Occasion Permit- 1)
Chippawa Volunteer Firefighters Association; 2) Niagara Falls Volunteer Fire Dept.
Station. #6; 3) Royal Canadian Legion Branch 396; 4) Niagara Falls Men~ Fastball
Association. The report recommends that Council indicate it has no objections to the
issuance of a Special Occasion Permit to the organizations listed in this report.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimously.
L-97-33 - Chief Administrative Officer- Re: Quit Claim Transfer/Deed to Niven/Gill;
5688 Robinson StreeL The report recommends that the City of Niagara Falls give a Quit
Claim Transfer/Deed to Giselle (Gill) Niven, Lillian Gill, Alexander Gill and Victor Gill for
part of Lot 20, Plan 653.
ORDERED on the motion of Alderman Ward, seconded by Alderman Campbell, that the
report be received and adopted. Canjed Unanimously
See By-law No. 97-113
IIIfl Ill I! I I11111 I
L-97-35 - Chief Administrative Officer- Re: Reconveyance of Land to Cosimo Dilollo;
Part I on Reference Plan 59R-9135; 5046 Drummond Road. The report recommends
that the City of Niagara Falls provide a Transfer/Deed to Cosline Dilollo, for Part I on
Reference Plan 59R-9135 for nominal consideration,
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the report be received and adopted, Carried Unanimously,
See By-law No, 97-111
L-97-36 - Chief Administrative Officer- R,:: Partial Release of Site Plan Agreement;
Rose City Plaza Ltd., East Side of Port, tge Road at Colborne Street. The report
recommends the following:
That Council release Rose City Plaz~, Ltd. from its obligations under two Site Plan
Agreements, dated May 4, 1995 and November 6, 1996, with respect to a portion
of its lands described as parts 1 and ~' on Reference Plan 59R-9888, and that the
Mayor and Clerk be authorized to execute any documents necessary for this
purpose;
2. That the November 6, 1996 Site Plar, /~greement be amended by replacing those
plans described in Schedule "B " of the agreement with a revised set of drawings.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
See By-law No. 97-115
L-97-37 - Chief Administrative Officer - Re: Street Name Change; Part of Palmer
Avenue to become Bender Street. The rel~ort recommends that Council pass a by-law
to change the name of part of Palmer AvenU~. to Bender Street,
His Worship Mayor Thomson receive,~'a negative response to his request for a
show of hands of anyone being in attendance who felt that they would be adversely
affected by the passing of the by-law.
ORDERED on the motion of Alderman Volpatri seconded by Alderman Campbell, that the
report be received and adopted. Carried Unz.i ~imously.
See By-law No. 97-112
L-97-38 - Chief Administrative Officer- Rp: Bongere Licence Agreement with the
City; N.S. Lundy's Lane, West of Garner Re~ad. The report recommends that the City
of Niagara Falls enter into a Licence Agreement between Harry Bongers and the City for
the purpose of licensing certain lands to Mr. &,ngers for agricultural use for an annual fee
of $400. O0 and the Mayor and Clerk be authcl ~zed to execute the said agreement.
ORDERED on the motion of Alderman Volp~' ti, seconded by Alderman Craitor, that the
report be received and adopted. Carried Un~ nimously.
See By-law No. 97-114
RESOLUTIONS
NO. 38- PIETRANGELO- FISHER - RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby supports a one-year extension to draft plan approval for
i) Williams Subdivision and ii) Williams Subdivision Plan 2 and that the Regional
Municipality of Niagara be so informed; conditional upon the applicant maintaining the
appropriate subdivision signs on the properties for public infom~ation purposes.
AND the Seal of the Corporation be hereto affixed.
CarTied Unanimously
IIIII I1: I ~ II II BIll
-.9 -
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:
97-108
A by-law to authorize the execution of an agreement with Sacco Construction
Limited respecting the 1997 sidewalk and concrete repairs - City wide.
97-109
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Stop Signs, Through Highways)
97-110
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (No standing, Parking Meters)
97-111
A by-law to authorize the execution by the Mayor and Clerk of a
Transfer/Deed for Part I on Reference Plan 59R-9135 to Cosimo Dilollo, for
nominal consideration.
97-112
A by-law to change the name of part of PalmerAvenue according to Plan
285, designated as part 2 on Reference Plan 59R-9894 to be known as and
to form part of Bender Street.
97-113
A by-law to authorize the execution by the Mayor and Clerk of a Quit C/aim
Transfer/Deed to Alexander Simpson Gill, Victor Gill, Marie Martha Giselle
Gill and Lillian M. Gill for the. purpose of releasing any interest the City may
have in their property being part of Lot 20, east of Main Street and south of
Ferry Street in Block 34 of the Falls Company's lands as shown on Plan No.
653.
97-114
A by-law to authorize the execution of a licence agreement with Harry
Bongers for the purpose of permitting Mr. Bongers to use certain land for
agricultural purposes.
97-115
A by-law to authorize the execution of an agreement with Rose City Plaza
Ltd. for the purpose of releasing Rose City Plaza Ltd. from its obligations
under a Site Plan Agreement with respect to certain lands.
97-116
97-117
A by-law to amend By-law No. 76-102, as amended, being a by-law
respecting the issuing of liCences, to provide for the issuing of ficences for
commercial parking lots.
A by-law to authorize the payment of monies for General Purposes (May 26,
1997).
97-118 A by-law to authorize the execution of a Subdivision Agreement with 984307
Ontario Limited respecting the Balmoral Court Plan of
Subdivision.
The motion Canfed with Aldermen Campbell, Craitor, Cummings, Janvary and Pietrangelo
abstaining from the vote on By-law No. 97-117 on conflicts of interest previously noted and
with all others voting in favour.
ORDERED on the motion of AIderman Pietrangelo, seconded by AIderman Cummings, that
the following by-laws be now read a second and third time:
97-108
A by-law to authorize the execution of an agreement with Sacco Construction
Limited respecting the 1997 sidewalk and concrete repairs - City wide.
llir[ ll] I I'll IIII;ll I r
10 -
97-109
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Stop Signs, Through Highways)
97-110
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (No standing, Parking Meters)
97-111
A by-law to authorize the execution by the Mayor and Clerk of a
Transfer/Deed for Part 1 on Reference Plan 59R-9135 to Cosimo Dilollo, for
nominal consideration.
97-112
A by-law to change the name of part of PalmerAvenue according to Plan
285, designated as part 2 on Reference Plan 59R-9894 to be known as and
to form part of Bender Street.
97-113
A by-law to authorize the execution by the Mayor and Clerk of a Quit Claim
Transfer/Deed to Alexander Simpson Gill, Victor Gill, Marie Martha Giselle
Gill and Lillian M. Gill for the purpose of releasing any interest the City may
have in their property being part of Lot 20, east of Main Street and south of
Ferry Street in Block 34 of the Falls Company's lands as shown on Plan No.
653.
97-114
A by-law to authorize the execution of a licence agreement with Harry
Bongers for the purpose of pe.~itting Mr. Bongers to use certain land for
agricultural purposes.
97-115
A by-law to authorize the execution of an agreement with Rose City Plaza
Ltd. for the purpose of releasing Rose City Plaza Ltd. from its obligations
under a Site Plan Agreement with respect to certain lands.
97-116
A by-law to amend By-law No. 76-102, as amended, being a by-law
respecting the issuing of licences, to provide for the issuing of licences for
commercial parking lots.
97-117
A by-law to authorize the payment of monies for Genera/Purposes (May 26,
1997).
97-118 A by-law to authorize the execution of a Subdivision Agreement with 984307
Ontario Limited respecting the Balmoral Court Plan of Subdivision.
The motion Carried with Aldeiiiien Campbell, Craitor, Cummings, Janvary and Pietrangelo
abstaining from the vote on By-law No. 97-117 on conflicts of interest previously noted and
with all others voting in favour.
NEW BUSINESS
Water and Sewage Rates
Alderman Pat Cummings referred to a "Letters to the Editor" matter in the Niagara
Falls Review regarding tax increases and water and sewage rates. The Director of Finance
responded that an increase in water/sewage charges was a result of Regional
downloading charges.
ORDERED on the motion of AldeRiian Cummings, seconded by Alderman Hendershot that
the Mayor and the Director of Community Services forward a letter to the Review in
response to the comments made. Canfed Unanimously.
IIIII II; I ~ II II III]1
11
Niagara Falls Gambler's Lacrosse Team
Alderman Victor Pietrangelo informed members of Council of the Niagara Falls
Gamblers' Senior A's Lacrosse game being held this coming week-end and invited
everyone to attend,
Thundering Waters Productions
His Worship Mayor Thomson referred to the upcoming Rainbow Productions event
of "Thundering Waters" on May 30 and May 31, 1997.
Incidents on Queen Street
Alderman Judy Orr referred to incidents that have occurred on Queen Street
resulting from patrons who have artended a local bar and requested that Inspector Peter
Gill attend a future Council meeting to provide an update on the activities and incidents that
have occurred on Queen Street and further requested that a video be provided to members
of Council for viewing regarding the Queen Street activities that had been presented to the
Liquor Licencing Board.
ORDERED on the motion of Alderman OfT, seconded by AIderman Craitor, that Inspector
Peter Gill be invited to attend a Council meeting to provide an update on the number of
incidents that have occurred on Queen Street. Carried Unanimously.
Chippawa Community Signs
Alderman Bruce Ward advised that the community signs in Chippawa have been
erected and requested that staff provide a report with regard to expanding the Service Club
signage program. Carried Unanimously.
ORDERED on the motion of AIder~iian Volpatti, seconded by Alderman Fisher, that the
meeting be adjoumed. Carded Unanimously.
READ AND ADOPTED,
IIIII III B IH!IIIIIIII~,,,
SEVENTEENTH MEETING
COMMITTEE-OF-THE-WHOLE
Committee Room #2
June 9, 1997
Council met on Monday, June 9, 1997 at 6:00 p.m. in Committee-of-the-Whole. All
members of Council, with the exception of Alderman Puttick, who was absent due to
illness, were present. Alderman Wayne Campbell 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,
MAYOR WAYNE THOMSON
PLANNING MEETING
Council Chambers
June 9, 1997
Council met on Monday, June 9, 1997 at 7:00 p.m. for the purpose of considering
Planning and Regular Business Matters. All members of Council, with the exception of
Alderman Puttick, who was away due to illness, were present. Alderman Victor
Pietrangelo offered the Opening Prayer.
Prior to dealing with Council matters, His Worship Mayor Thomson provided an
update on Alderman Puttick's condition and advised that Alderman Puttick was recovering
from his surgery and doing well; and that he should be back to Council in two weeks' time.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Fisher indicated a pecuniary interest on Report PD-97-63, Chippawa
West Phase 1 because she owns the adjacent property.
Aldermen Campbell, Janvary and Pietrangelo indicated pecuniary interests on
Report No. F-97-41, Cheque No. 229856 because they are employed by the School Board.
Alderman Pietrangelo indicated a pecuniary interest on Report PD-97-63, because
a family members owns property in the area.
Alderman Susin indicated a pecuniary interest on Report MW-97-81, Item #1 and
on By-law No. 97-124 because his mother resides in the area; and indicated a pecuniary
interest on Report F-97-41, Cheque No. 229717 because members of his family are
volunteer firefighters.
Aldermen Craitor and Cummings indicated pecuniary interests on Report F-97-41,
Cheque Nos. 229890; 229763 and 229701 because members of their family are employed
by the Region.
PRESENTATIONS
Presentation to the StaHight Dance Studio Baton Twirlera
His Worship Mayor Thomson introduced the Sta~ight Dance Studio Baton
Twitere who had won various titles at the recent "Miss Majorette of Ontario" competition
along with their Coach Barbara Kenyeres. Mayor Thomson congratulated and presented
tokens of appreciation to Whitney Laugher; Kristyne Burden; Ashley Kenyeres; Laura
Plato; Lyndsay Logan and Deidra ( :raig for Junior Dance Twirl competition; and Jessica
Foss - for Junior Intermediate; Nanc,y Morton - for Beginner Junior; Teryn Dungey - for
Beginner Junior.
Presentation of the 1996-1997 City of Niagara Falls Environment Award
His Worship Mayor Thomson and Alderman Paisley Janvary presented the 1996-
1997 City of Niagara Falls Envirenment Award on behalf of the Environmental Planning
and Greening Committee to Dave MOffat, Teacher, and Doreen Perry, Head Custodian,
Stamford Collegiate, in recognition of the accomplishments by Stamford Collegiate in
enhancing and beautifying the entrance area into the school property
Presentation to the Niagara Falls' Pubtic Library Board
His Worship Mayor Thoms< .n and Alderman Paisley Janvary, on behalf of the
Environmental Planning and Greening Committee donated a book entitled "Restoring
Nature's Place" to Carfiian Dix, Chair of the Niagara Falls Public Library Board, to be
made available to the citizens of Niagara Falls to become informed in the value of
restoring our nature/environment.
Presentation of the Niagara Falls Business Showcase Award
Mr. George Waters, Chairman, Business Development Advisory Committee
provided a brief history and overview of the Rigg-Mooney business success which was
built upon tradition and excellence spanning 100 years of operetions in Niagara Falls. His
Worship Mayor Thomson congratulated and presented the Niagara Falls Business
Showcase Award to Bruce and Diane Mooney, of Rigg-Mooney Monuments in
appreciation for their contributions to the economic growth of our community through their
substantial accomplishments
CURRENTPLANNING MATTERS
PD-97-61 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-14/97, Roger Brown; 5312 Montrose Road at Wanless Street; Agent: Fred Paul,
Hynde, Paul Associates Incorporated. The report recommends the following:
That Counc~ approve the zoning by-law amendment application to permit a limited
range of service commercial and industrial uses to be established on the land;
CURRENT pI IINNING MATTERS
PD-97-61 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-14/97, Roger Brown; 5312 Montrose Road at Wanless Street; Agent: Fred Paul,
Hynde, Paul Associates Incorporated. The report recommends the following:
That Council approve the zoning by-law amendment application to permit a limited
range of service commercial and industrial uses to be established on the land;
That the development of the site be conditional on the dedication of a daylighting
triangle with 7 metre legs at the intersection of Montrose Road and Wanless Street
to the satisfaction of the Municipal Works Department.
- AND -
Communication No. 148 - Niagara Peninsula Conservation Authority.
communication advises as having no objection to the application.
The
Communication No. 149 - Regional Niagara, Planning and Development DepartmenL
The communication advises as having no objection to the approval of the application,
subject to the requirements of the Regional Public Works Department.
Communication No. 150 - Darlene Levesque & Mary Lou O'Donoghue. The
communication expresses traffic concerns.
Communication No. 151 - George & Irene Keatinge, 7488 Wanless St. The
communication expresses opposition to the re-zoning.
Communication No. 152 - Kevin & Lori Peters. The communication expresses
opposition to the rezoning and advises that allowing a business into the area would
increase traffic and create a danger to the residents in the area.
Communication No. 153 - Regional Niagara, Public Works Department. The
communication advises as not being opposed to the 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 Pubtic Meeting had been given in
accordance with Regulations on May 9, 1997.
His Worship Mayor Thomson received indication that Mr. Fred Paul, was in
attendance on behalf of the applicant and received a positive 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 discussed the subject lands with the
assistance of posted sketches; advised that the application requested an amendment to
permit a limited range of service commercial and industrial uses on the subject lands. He
further advised that market opportunities for residential uses were very limited but the site
was ideally suited for commercial and industrial uses which required visual prominence;
he referred to the proposed landscaped open space and building setbacks to enhance the
appearance of the development; and advised that the egress and ingress matters would
have to be addressed under the site plan 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 positive
response in opposition to the application.
Mr. Ron Taylor, 7501 Wanless Street, expressed noise and traffic concems and
suggested that the land be considered for park purposes,
Mrs. Dale Morton, 7468 Wanless Street, expressed traffic and safety concems;
discussed the impact on the residential character of the street and the resale value of the
homes in the area; she also expressed the opinion that the rezoning would not be
compatible with the area and requested that the zoning be left residential.
Mr. George Fazzari, 5356 Hodgson Ave., expressed concems with respect to the
traffic flow; speeding vehicles and safety concems for the children in the area.
Mr. Fred Paul, Hynde Paul Associates, advised that the application would
reconcile the land use inconsistency, as the property was presently zoned residential and
expressed the view that the property would not be appropriate for single family use;
he referred to the proposed landscaping features as well as parking which would be
located at the front of the property; and advised that the Region was in the process of
taking steps to correct the traffic concerns on Montrose Road. He indicated that some of
the concerns raised by the area residents were quite legitimate and that his client was
sensitive to those concerns and further indicated that they would be willing to meet and
discuss the residents' concerns as long as they would not be dealing with the issue of
residential uses.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-14/96 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot ,
that the application be denied. The motion Carried with Aldermen Orr, Susin and Ward
voting contrary to the motion and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Aldeiiiian Cummings, that
the correspondence be received and filed. Carried Unanimously.
PD-97-62 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM- 7/97; 577028 Ontario Ltd., 5965 Barker Street; Proposed Three-unit Dwelling. The
report recommends the following:
That Council approve the application to amend the Zoning By-law to permit the
establishment of a three-unit dwelling at 5965 Barker Street;
2. That Council approve the amending by-law on tonight's agenda;
That the applicant submit a Lot Grading Plan satisfactory to the Municipal Works
Department;
That the applicant agree to erect a privacy fence along the west property line to
address the concems of the abutting neighbour, Mr. Peter Kelly.
- AND -
Communication No. f54 - Niagara Peninsula Conservation Authority.
communication advises as having no objection to the application.
The
IIIII III I B II IIIIIiill
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 May 9, 1997.
His Worship Mayor Thomson received indication that Mr. Bfian Sinclair, 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 advised that the applicant had met with
the abutting neighbour, Mr. Peter Kelly and that his concerns with respect to the size of the
building had been successfully dealt with; he also referred to the matter of storm water
management on the property and the historical significance of the property; and indicated
that a relocation site for the building had not yet been resolved and the applicant had
agreed to extend the timeframe.
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 clarified that the timeframe of June 15, 1997 had been
extended for another month.
In response to questions raised, the Director of Planning and Development stated
that no concems had been expressed by the residents in the area regarding the size of the
building and further indicated that this was the desirable size of building for the families
involved.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-7/96 closed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that
the application be approved and adopted. The motion Carried with Alderman Janvary
voting contrary to the motion and with all others voting in favour.
ORDERED on the motion of Alderman Fisher, seconded by AIderman Hendershot, that the
correspondence be received and filed. Carried Unanimously.
See By-law No. 97-119
PD-97-63 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-16/97, Upper Canada Consultants; c/o Richard Hodge; Chippawa West Phase 1
Plan of Subdivision (M-228) between Lyon Creek Road and Sodore Road. The report
recommends that Council approve the zoning by-law amendment application to permit the
construction of dwellings with reduced interior side yard setbacks.
- AND -
Communication No. 155- Regional Niagara, Planning and Development Department.
The communication advises as having no objection to the approval of the application.
Communication No. 156 - Regional Niagara, Servicing Review and Approvals. The
communication advises as having no objection 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 Regulations on May 9, 1997.
His Worship Mayor Thomson received indication that Mr. Richard Hodge, 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 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
Ontado Municipal Board hearing.
The Director of Planning and Development referred to the subject lands with the
assistance of posted sketches and advised that the applicant was seeking site specific
provisions to be added to the zoning of the lots to permit dwellings to be built with reduced
interior side yards; referred to the public notification process; and recommended that
Council approve 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. Hodge stated that the overall aesthetics of the dwellings would be improved and
would be more pleasing with the reduced side yard setbacks.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-16/96 dosed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that
the report be received and adopted. The motion Carried with Alderman Janvary voting
contrary to the motion and Aldermen Fisher and Pietrangelo abstaining from the vote on
conflicts of interest previously noted and with aft others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
correspondence be received and filed. Cardled Unanimously.
ADOPTION OF MINUTES
Alderman Susin requested that his conflicts of interest be noted and indicated a
conflict of interest on Report CD-97-21, from the Council Minutes of May 26, 1997,
because he is a member of Chippawa Legion Branch No. 396; and indicated a conflict of
interest under New Business from the Community Services Committee dealing with grass
cutting at John Street & River Road, because he holds the mortgage on the property; and
requested that his pecuniary interests be noted from the Meeting of May 26, 1997 on
Report F-97-40, Cheque Nos. 229602 and 229622 and on By-law 97-117, because
members of his family are volunteer firefighters.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that
the Minutes of the Regular Council Meeting of May 26, 1997 be adopted. Carried
Unanimously.
IIIII III I B II IIIIIIIIl I
DEPUTATIONS
Chippawa Business Improvement Area
Mr. David A. Crowe, Solicitor, reviewed the sequence of events with regarding
the representation of the Board of Management, which has led to internal disputes
between the members of the Chippawa Business Improvement Area; and suggested that
Council endorse for the calling of a new general meeting to elect a new Board of
Management for the Chippawa Business Improvement Area.
Mr. Doug Embleton discussed the issue of the Chippawa Business Association and
the Business Improvement Area and the Chippawa SummerfesL
Mr. Gordon McNab, Solicitor, on behalf of the executive of the Chippawa Business
Improvement Area, provided clarification with respect to constitution of the BIA and of
appointments or removals of a Chairman by the Board of Management; advised that the
term of office te,,inates as of November, 1997 and was of the opinion that the present
Board be permitted to continue until November, 1997.
Ms. Sylvia Sommerville expressed the view that the present Board should stand
until November, 1997.
Mr. Norm Fortin referred to the unnecessary turmoil in the Chippawa BIA and
questioned whether the Board had the support of the City Council and the residents of
Chippawa.
- AND -
Communication No. 157 - David A. Crowe, dated May 22, 1997. The communication
expresses concems and provides suggestions to the issues of the Chippawa Business
Improvement Area and to dealing with the conflicts of the members.
- AND -
Communication No. 158 - (HANDOUT) - Gordon McNab, dated June 6, 1997. The
communication responds to concems expressed regarding the improper ramoval of Mr.
Embleton from the office of Chai, ii,an of the Chippawa Business Improvement Area.
- AND -
Communication No. 159 (HANDOUT) Norm Fortin, Chippawa Business
Improvement Area Association. The communication requests permission to address
Council on the matter.
Report L-97-39 - Chief Administrative Officer- Chippawa Business Improvement
Area. The report recommends that the report is for the information of Council,
Following further discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Fisher, that all correspondence be forwarded to the Chaiiiiian of
the Board, Mr. Noi~ii Fortin. The motion Carried with Alde,,an Hendershot voting
contrary to the motion and with all others voting in favour.
COMMUNICATIONS
Communication No. 160 - Niagara Falls Visitor & Convention Bureau - Re:
Proclamation - requesting Council proclaim the week of June 9 to June 15, 1997 as
"Tourism Awareness Week" in Ontario.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the request be approved. Carried Unanimously.
- 8 -
Communication No. 16f- Regional Niagara, Public Works Department- Re: 1997 Hot
Mix Resurfacing Program. The communication requdf!ts an exemption to the local noise
by-law to conduct night works on Regional Road 51 (Lundy's Lane)
ORDERED on the motion of Alderman Craitor, seconded by Alderman Susin, that the
request be supported. Carried Unanimously.
Communication No. f62 - Corporation of the C fty of Thorold - Re: COGECO
Community Television - Request to Reinstate Live Coverage of Council Meetings. The
communication requests Council consider a resolutior,' asking the new owners of Rogers
Cable T. V. to consider reinstating five coverage of Council meetings.
ORDERED on the motion of Alderman Pietrangelo, s,econded by AIdell.an Craitor, that
the request be supported. Carried Unanimously.
Communication No. 163 - Heart Health Niagara Network- Re: Proposed Regional
Smoke-Free Public Places By-law. The communication provides information on the
proposed Regional Smoke-Free Public Places By-law:
ORDERED on the motion of AIde.iian Hendershot, se~;onded by Alderman Pietrangelo,
that the communication be received and filed for the information of Council. Canfed
Unanimously.
Communication No. 164 - Ministry of Environment and Energy- Re: Niagara River
Remedial Action Plan. The communication provides information on the Ministry's position
on the RAP Program.
ORDERED on the motion of Pietrangelo, seconded by Alderman Creitor, that the
communication be received and riled. Canfed Unanimc,usly.
Communication No. 165 - Multiple Sclerosis Socie,ty of Canada - Re: 1997 Realtor
Ride for Charfty on August 16, 1997. The communication requests Council permission to
use Centennial Park in front of City Hall on August 16,: 1997 to hold a Barbeque for the
participants; and that the City block in front of City Hall:be closed off.
ORDERED on the motion of Alderman Volpatti, secon~'ed by Alderman Pietrangelo, that
the matter be referred to staff to work with the group. C~nfed Unanimously.
Communication No. 166a) Correspondence from Audrey Vendramin - Re: Former
Burgess Battery property. The communication expresses concerns and provides
photographs of the condition of the former BurgeSs Battery property; - AND -
Communication No. f66b) Petition from Concernec~ Area Residents.
ORDERED on the motion of Alderman Hendershot, seo~;r~ded by Alderman Ward, that the
matter be referred to staff. The motion Canfed with Al,~e..rman Susin abstaining from the
vote on a conflict of interest previously noted and with ~ll others voting in favour.
Communication No. f67 - United Way of Niagara Fails - Re: Annual Media SIo-Pitch
Toumament, The communication requests Council co~.~sider the Annual Media SIo-Pitch
Toumament on August 22nd, 23rd, 24th, 1997 at the O~jtimist, Palmer and Mulhem Parks
as a "Community Event" and further, that approval be gi~en for a Special Occasion Permit.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that
the request be approved. Canfed Unanimously.
Communication No. 168 - Mrs. Kelly Paquette - Re/,Historfcal Designation of the old
Lundy homestead. The communication requests Coulicil consideration to designate the
Lundy homestead at 7478 Lundy's Lane as a historYcat~!andmark.
ORDERED on the motion of AIdeiiiian Fisher, secondea by Alderman Cummings, that the
matter be referred to staff. Canfed Unanimously.
Communication No. 169 - The Arthritis Society, N~tagars Region - Re: September,
National ArthrYtis Month. The communication reque;~s requesting that a flag raising
ceremony be held at City Hall on Wednesday, Septemd~r 3, 1997 at 11:00 a.m. and that
the flag be flown for the month of September.
IIIII III I ~ II IIIIIIIll
ORDERED on the motion of AIdeiiiian Craitor, seconded by Aldeiiiian Hendershot, that
the request be approved subject to established policy. Carried Unanimously.
REPORTS
MW-97-81 - Chief Administrative Officer- Re: Local Improvement Curb & Gutter on
Morden Avenue and Law Avenue. The report recommends that the by-law appearing
on tonight's Council agenda authorizing the construction of local improvement curb and
gutter on Morden Drive from Stanley Avenue to Duke Avenue and on law Avenue from
Morden Drive to Morrison Street be passed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. The motion Canfed with Alderman Susin indicating a
conflict of interest on Item #1 and with all others voting in favour.
.: See By-law No. 97-124
MW-97-84 - Chief Administrative Officer- Re: Contract 97-157-97, Road
Reconstruction on Windsor CrescenL The report recommends that the unit prices
submitted by the low tenderer, Alfred Beam Excavating Ltd. be accepted and the by-law
be passed.
ORDERED on the motion of AIdelrrnan Hendershot, seconded by Alderman Ward, that the
report be received and adopted., Canfed Unanimously.
See By-law No. 97-120
MW-97-85 - Chief Administrative Officer- Re: Local Improvement Works, Ferry
Street. The report recommends that the by-law appearing on tonighrs Council agenda
authorizing the construction of local improvement works on Ferry Street from Stanley
Avenue to Main Street be passed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the
report be received and adopted. Canfed Unanimously.
See By-law No. 97-125
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of AId, erman Hendershot, seconded by Alderman Cummings,
that the actions taken on the following matters by Community Services Committee, eartier
this evening, be approved:
1. Adoption of the Minutes of May 26, 1996 Community Services Committee meeting;
2a)
MW-97-86 - Canada/Ontario Infrastructure Program - that funding under the
Canada/Ontario Infrastructure works program be allocated to the Bridge Street
streetscaping project (Option A); - AND - 2b) Request for Use of Streetlamp
Standards - that the Bridge Commission's request for use of streetlight standards
for banners be granted;
F-97-03 - Ambulance Service - that staff be authorized to investigate the feasibility
of providing ambulance services through the Fire Department for the City of Niagara
Falls;
MW-97-79 - Appointment of Inspector- A. Vacca - that Anthony Vacca be appointed
as an Inspector, pursuant to the Building Code Act 1992 and that by-law No. 93-283
be amended accordingly;
10-
MW-97-80 - High Rate Treatment Study - that staff be authorized to proceed with
the "High Rate Treatment Feasibility Study" at a cost of $62,000 and that City staff
retain CH2M Gore & Storrie as the Consultant for this study at a cost of $28,050. O0
plus applicable taxes;
6a)
MW-97-82 - Public Information Session for Morden Drive & Law Avenue -AND -
6b) MW-97-83 - Public Information Session for Windsor Crescent - that information
be received on public info~ation sessions held on May 22, 1997 regarding
proposed works on Morden Drive & Law Avenue and on Windsor Crescent;
Information Items/Verbal Updates:
- that information be received on the proposed rehabilitation of Hwy. 420; that staff
prepare a report on this matter; and that a resolution be sent to the Province
condemning planned delay in road rehabilitation with a copy being forwarded to
M.P.P. Bart Maves and appropriate Ministers;
- that info~ation be received on proposed works on Falls Avenue after June 15,
1997;
8. New Business:
- Intersection Kitchener at Stanley - that staff inform Ontario Casino Corporation of
the hazardous intersection at Kitchener Street and Stanley Avenue, requesting their
immediate attention to this matter - Alderman Orr declared a conflict of interest;
Carried
See By-law No. 97-122
See By-law No. 97-124
See By-law No. 97-125
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
actions taken on the following matters by Corporate Services Committee, earlier this
evening, be approved:
Alderman Susin declared pecuniary interests from the Meeting of May 26, 1997 on
Report F-97-40, Cheque Nos. 229602 and 229622 because members of his family
are volunteer firefighters;
2. Adoption of the May 12, 1997 Corporate Services Committee meeting minutes;
R-97-28 - Request for Reimbursement for the spraying for ants - Mr. & Mrs. Phi/lips,
74 11 Lakewood Crescent- That the request for reimbursement for the spraying for
ants at 7411 Lakewood Crescent be denied;
4. That staff prepare a report on the levels of service for the care of the City parks;
That the application for financial assistance for the U.S. National Senior Sports
Classic Competition in Tucson, Arizona, be approved in the amount of $300.00 to
Elizabeth Blanchfield- Alde,i~en Fisher and Janvary opposed;
F-97-41 - Municipal Accounts - that the Municipal Accounts in the amount of
$489,373.58 forthe period ending June 9, 1997 be approved- Aldermen Craitor,
Cummings, Campbell, Janvary, Pietrengelo and Susin declared conflicts of interest;
Carried
See By-law No. 97-126
BIll III I B [I RillIlia
11 -
CD-97-22 - Chief Administrative Officer - Re: Advance Polls, 1997 Municipal Election.
The report recommends that Council pass the By-law appearing on this evening's agenda.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
See By-law No, 97-121
CD-97-23 - Chief Administrative Officer- Re: Special Occasion Permit; Hungarian
Club. 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 Pietrangelo, that
the report be received and adopted. Carried Unanimously.
L-97-31 - Chief Administrative Officer- Re: Release of Conditional Permit Agrccment
- Victoria Meadows Townhomes Inc., 3516 Main Street, Chippawa. The report
recommends that Council release Victoria meadows Townhomes Inc. from a Conditional
permit Agreement registered on title to the property, described as part 1 on Reference Plan
59R-8743, and that the Mayor and Clerk be authorized to execute any documents
necessary for the purpose of releasing the parties and terminating the said agreemenL
ORDERED on the motion of Alderman Campbell, seconded by Alderman Ward, that the
report be received and adopted. Carded Unanimously.
See By-law No. 97-123
RESOLUTIONS
NO. 39 - JANVARY - CUMMINGS - RESOLVED that a message of condolence be
forwarded to the family of the late Allan Ross Goar, President of the Rotary Club of Niagara
Falls, Sunrise; and well-respected citizen of the community through his involvement in the
coaching of minor sports and being instrumental in the organizing of the Why Not Marathon
for para Olympic athletes.
AND the Seal of the Corporation be hereto affixed.
Carded Unanimously.
NO. 40 - JANVARY- CRAITOR - RESOLVED that a message of condolence be forwarded
to the family of the late Roland Hardy, Regional Councillor and former Mayor of Welland.
AND the Seal of the Corporation be hereto affixed.
Carded 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:
97-119
A by-law to amend By-law No. 79-200, as amended. (AM-7/97, Barker
Street)
97-120
A by-law to authorize the execution of an agreement with Alfred Beam
Excavating Limited respecting road reconstruction on Windsor CrescenL
97-121 A by-law to provide for advance votes to be held prior to voting day.
97-122
A by-law to amend By-law No. 93-283, as amended, being a by-law to
appoint a chief building official and inspectors under the Building Code Act.
97-123
A by-law to authorize the execution of an agreement to release Victoria
Meadows Townhomes Inc. from the terms and conditions of a conditional
permit agreement dated January 29, 1996.
97-124
A by-law to authorize the undertaking of the construction of certain works as
a Local Improvement ( Curb & Gutteron Morden Avenue & LawAvenue).
-12-
97-125
A by-law to authorize the undertaking of the construction of certain works as
a Local Improvement (Ferry Street).
97-126 A by-law to authorize monies for General Purposes (June 9, 1997)
The motion Carried with Alderman Janvary voting contrary to the motion on By-law No. 97-
119; Alderman Susin abstaining from the vote on By-law No. 97-124 on a conflict of
interest previously noted; and Aldermen Campbell, Craitor, Cummings, Janvary,
Pietrangelo and Susin abstaining from the vote on By-law No. 97-126 on conflicts of
interest previously noted and with all 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:
97-119
A by-law to amend By-law No. 79-200, as amended. (AM-7/97, Barker
Street)
97-120
97-121
A by-law to authorize the execution of an agreement with Alfred Beam
Excavating Limited respecting road reconstruction on Windsor Crescent.
A by-law to provide for advance votes to be held prior to voting day.
97-122
A by-law to amend By-law No. 93-283, as amended, being a by-law to
appoint a chief building official and inspectors under rite Building Code Act.
97-123
A by-law to authorize the execution of an agreement to release Victoria
Meadows Townhomes Inc. from the terms and conditions of a conditional
permit agreement dated January 29, 199&
97-124
97-125
A by-law to authorize the undertaking of the constructs'on of certain works as
a Local Improvement ( Curb & Gutteron Morden Avenue & LawAvenue).
A by-law to authorize the undertaking of the construction of certain works as
a Local Improvement (Ferry Street).
97-126 A by-law to authorize monies for General Purposes (,:~une 9, 1997)
The motion Carried with Alderman Janvary voting contrary to the motion on By-law No. 97-
119;. Alderman Susin abstaining from the vote on By-law No. 97'-124 on a conflict of
interest previously noted; and Aldermen Campbell, Craitor, Cummings, Janvary,
Pietrangelo and Susin abstaining from the vote on By-law No. 9'7..126 on conflicts of
interest previously noted and with all others voting in favour.
NEW BUSINESS
Stamford Volunteers Firefighters Association Carnival
Alderman Pat Cummings informed members of Council of the: upcoming Stamford
Volunteers Firefighters Association's Camival, at Stamford Green,' being held from
June 1 l th to June 14th, 1997 and invited everyone to attend. ~
Homelessness in Niagara Falls
Alderman Selina Volpatti referred to he Niagara District Heallh Council report on
"Homelessness in Niagara" and expressed concems on the very distressing matter of
homeless individuals and mental illness and of their need for medical facilities.
III I ~ II gillIllm
13-
The City's Budget
Alde~iiian Fermino Susin referred to a newspaper article on the budget and provided
clarification on the total amount of the budget.
Proper~, Standards matters
Alderman Judy Orr requested that Property Standards Officers be requested to
investigate the matter of debris on the Rosberg property and provide a report to Council.
Queen Street Incidents
Aldeiiiian Judy Orr inquired when Inspector Gill would be addressing Council on the
issue of incidents having occurred on Queen Street and was advised that Inspector Gill
has been requested to attend a future Council meeting through the Mayor's Office.
frfrfrf~fr
Report on Who Does What committees
Alderman Orr referred to the issue of layoffs, privatizafion, and the ability to strike
that had been discussed at a previous Council meeting by Mr. Pat Peril and His Worship
Mayor Thomson provided further infofiiiation on the matter.
His Worship Mayor Thomson referred to the "Who Does What" committees and
of the various info,,ation that was being provided by AMO in the Council packages and
requested that staff provide a concise report on the "Who Does What" issues and bring the
report back to Council.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that staff prepare a concise report on "Who Does What" issues. Carried Unanimously.
Office of Mayor
Alderman Wayne Campbell declared that he was not seeking the Office of Mayor
and that he was in support of the Mayor's efforts.
Canada Day Donations Update
Alderman Kim Creitor provided a Canada Day donations update to members of
Council.
Proper~y Stsndards Matter
Alderman Gary Hendershot referred to a property across from the hospital that had
experienced a fire and requested the status on the issue. His Worship Mayor Thomson
provided an update on the matter.
14 -
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
IIIIIIII I [11 IIIIIIIIi '
EIGHTEENTH MEETING
COMMITTEE-OF-THE-WHOLE
Committee Room #2
June 23, 1997
Council met on Monday, June 23, 1997 at 6:00 p.m. in Committee-of-the-Whole.
All members of Council, with the exception of Alderman Puttick and Volpatti, who were
away due to illness, were presenL Aldef~iian Kim Craitor presided as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole arose
to report in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
REGULAR MEETING
Council Chambers
June 23, 1997
Council met on Monday, June 23, 1997 at 7:00 p.m. for the purpose of considering
Regular Business Matters. All members of Council, with the exception of Aldermen Puttick
and Volpatti, who were away due to illness, were present. Alderman Paisley Janvary
offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Susin requested that the Minutes of the Planning/Regular meeting of the
June 9, 1997 Council meeting be amended to reflect his conflict of interest on Report
F-97-41, Municipal Accounts.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that
the Minutes of the Planning/Regular meeting of the June 9, 1997 Council meeting be
adopted as amended. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Creitor and Cummings indicated pecuniary interests on Report F-97-44,
Cheque Nos. M91906; M91920; 230051 because members of their family are employed by
the Region.
- 2 -
Alderman Cummings indicated a pecuniary interest on Report F-97-44, Cheque No.
230090 because Acres is involved.
Alderman Craitor indicated a pecuniary interest on Report F-97-44, Cheque No.
230224, because the recipient is his employer.
Alderman Fisher indicated a pecuniary interest on Report F-97-44, Cheque No.
230260, because she is employed by the recipient.
Aldei~iian Hendershot indicated a pecuniary interest on Report F-97-44, Cheque No.
230262 because a member of his family is the recipient.
Aldermen Campbell, Janvary and Pietrangelo indicated pecuniary interests on
Report F-97-44, Cheque No. 230178 because they are employed by Niagara South Board
of Education; and indicated pecuniary interests on the Deputation matter that involves
the Ontario Teachers Federation.
Alderman Janvary indicated a pecuniary interest on the issues dealing with the
closing of Swayze Drive because a member of her family resides next door.
Alde~}iian Pietrangelo indicated a pecuniary interest on Report F-97-44, Cheque No.
230192 because the recipient is his employer.
Alderman Susin indicated a pecuniary interest on Report No. 97-44, Cheque Nos.
229928; 230225; 229962 because members of his family are volunteer firefighters.
PRESENTATIONS
Canadian High School Rowing Championships
His Worship Mayor Thomson congratulated and presented a token of appreciation
to Leigh Ann Niven of A.N. Myer Secondary School in recognition of her recent win in
the Senior Women's 57kg Single category at the Canadian High School Rowing
Championships; and congratulated and presented tokens of appreciation to Steve
Shwedyk and Chris Grubb of SL Paul High School in recognition of their recent win in
the Senior Men's Heavy Pair category at the Canadian High School Rowing
Championships.
Ontario Championship "Think Bowl" Competition
His Worship Mayor Thomson congratulated and presented tokens of appreciation
to Mrs. Elaine Pampena, Coach and to Lisa Bums, Teresa Chan, Marie Girolamo,
Lila Miners and Andrew Thomson, A.N. Myer Secondary School in recognition for
winning the Ontario Championship competition held in Whitby, Ontario, in the "Think Bowl"
Creative Problem Solving Category.
1997 Municipal Senior of the Year Award
His Worship Mayor Thomson presented the 1997 Municipal Senior of the Year
Award to Mr. Donald Wesley Johnson, in recognition of his outstanding contributions to
the community. Mr. Ron Lowe, on behalf of Mr. Bart Maves, M.P.P., and the govemment
of Ontario, congratulated Mr. Johnson, on his 1997 Senior Award and on his Ontario
Senior Achievement Award
Stamford Masonic Lodge
Mr. Bob Judge, Stamford Masonic Lodge provided background infom~ation on
the organization and advised that the Stamford Masonic Lodge was closing after 70 years
and that funds were available that needed to be dispersed, Mr, Judge introduced some
of the members of the Stamford Masonic Lodge, that were in attendance: Mr. Emie Atack;
Mr. BrYan Radford; Co/in Ruddell, Jim Haley and Tom Skelton.
Mr. Jim Haley and Mr. Tom Skelton presented cheques on behalf of the Stamford
Masonic Lodge to the following local charitable organizations:
Alderman Pat Cummings - Stamford Centre Volunteer Firemen's Association; Renata
Martin - Canadian Red Cross, Manitoba Flood Relief; Martha Flemming- Tender
Wishes; Wayne Allen, President, Branch 51 - Legion Minor Hockey; Roxanne Felice
- Project SHARE; Alex Glenn - Humane Society; Sylvia Roach and Alderman Bruce
Ward - Y.M.C.A.; Alderman Shirley Fisher - Y.W.C.A.; Don Thomas - B.M.E. Church
(Norval Johnson Heritage Library); Linda Anderson and Alderman Victor Pietrangelo -
Boys & Girls Club; Captain Stan Carr- Salvation Army; Colin "Barney" Ruddell and
Chief Peter Corfield - Niagara Falls Fire Department (Camera); Janice Wiggins -
Schizophrenia Association; Dave Battersby - Niagara Regional Fire Buffs.
Following the presentations, it was ORDERED on the motion of Alderman
Hendershot, seconded by Alderman Cummings, that a letter of thanks and appreciation
be forwarded to the members of the Stamford Masonic Lodge. Carried Unanimously.
DEPUTATIONS
Business Education Council
Ms. Shirley Jones Paley, Manager, Planning and Marketing Development,
Royal Bank, provided an overview of "The Employability Initiative", a federally sponsored
initiative, administered by the Business Education Council of Niagara, in order to develop
a cohesive approach to the school-to-work process for the youth in Niagara.
The Niagara Falls and District Labour Council
Mr. Craig Brockwell, Vice President, Ontario Secondary School Teachers'
Federation (O.S.S.T.F.), District Seven addressed Council on behalf of the Teachers
Union and The Niagara Falls and District Labour Council with regard to recently proposed
labour legislation by the provincial government dealing with the Public Sector Transition
Stability Act, 1997. He was of the opinion that although the legislation did not effect
teachers, it may have broad range effects to all public sector unions; and would create an
environment in which terms and conditions of employment would be considerably reduced
from those in current collective agreements. He further stated that in the Niagara Region,
there has been an enviable relationship in labour negotiations between the School boards
and the Municipality, showing a strong sense of cooperation in aft the negotiations and
suggested that the act distorts the balance between employers and employees in fayour
of employers and that it would do nothing to improve either education or the efficiency of
the municipalities.
Mr. Brockwell requested that Council consider and support a resolution expressing
their extreme displeasure with the Public Sector Transition Stability Act, 1997; and
indicating that this legislation is unnecessary and could impede rather than streamline
future negotiations.
- 4-
DuMng the discussion, it was ORDERED on the motion of Alderman Hendershot,
seconded by Alderman Fisher, that Report HR-97-03 be brought forward. Carried
Unanimously.
Report HR-97-03 - Chief Administrative OfFicer- Re: Public Sector Transition
Stability Act, 1997. The report recommends that the report be received for the information
of Council.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
report be received and filed. The motion Carried with Alde~f,an Susin voting contrary to
the motion and with all others voting in fayour.
Alderman Orr requested that the resolution presented by Mr. Pat Peru, CUPE Local
133 at the Council meeting of May 26, 1997 also be included and approved.
Following the discussion, it was ORDERED on the motion of Alderman Hendershot,
seconded by Alderman Fisher, that the resolution from the Niagara Falls and DistMct
Labour Council and its vaMous union members and the resolution from CUPE Local 133
be adopted. The motion Carried with Aldermen Janvary, Campbell and Pietrangelo
abstaining from the vote on conflicts of interest previously noted and with aft others voting
in favour.
COMMUNICATIONS
Communication No. 170- Chippawa Business Improvement Area Association - Re:
Chippawa Summerlest, July 12, 1997. The communication requests Council consideration
to waive the Road Closure and Rental of the Arena fees for the Chippawa Summerfest
event.
Ms. Susan Naylor, a Niagara College student provided information on the
Chippawa Summerfest event and requested that Council waive the read closure and the
Chippawa/Willoughby arena rental fees for the Summerfest event.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Campbell, that
the request be appreved subject to established policy. Carried Unanimously.
Communication No. 171 - Corporation of the Village of Iroquois - Re: TouMsm signs.
The communication requests that Council endorse a resolution urging the Province to
reconsider the removal of the present Tourism signs along major highways and requests
Council support in lobbying the Govemment not to impose an increased financial burden
onto municipalities in the purchase of new Toudsm signs.
ORDERED on the motion of Alderman Campbell, seconded by AIderman Fisher, that the
resolution be supported and that a letter be forwarded to the Minister outlining our
municipality's unique situation. Carried Unanimousiy,
Communication No. 172 - Mr. Brian Graham, 6270 Cadham Street - Re: Cats Running
at large. The communication requests that the City deal with the problem of cats running
at large; - AND - Solicitor's Report L-95-95, dated December 11, 1995 along with an
extract of the Council Minutes of December 11, 1995 with respect to the matter.
ORDERED on the motion of AIdei~iian Cummings, seconded by Alderman Pietrangelo,
that the matter be referred to staff to see if cats can be included in the Stoop & Scoop By-
law and further that staff look into the Welland by-law regarding the matter. Cartfed
Unanimously.
IIIII III I ~ II IIl!llllw
- 5 -
Communication No. 173 - City of North York- Re: Provincial Government- Telephone
Gross Receipts Tax - Use of Municipal Rights-of-Way. The communication requests
Council support a resolution requesting that the Province of Ontario not take away the
gross receipts tax now collected by Ontario Municipalities, and if they do, that the Province
of Ontario allow municipalities to be compensated for the right to use our right-of-ways;
and further, if the Province does not compensate municipalities, that the Federal
govemment be requested to amend its legislation to require telecommunicafions
companies to pay municipalities directly for the use of rights-of-way.
ORDERED on the motion of Alderman Susin, seconded by Alderman Hendershot , that
staff obtain a response from the M.P.P. on the matter. Carried Unanimously.
Communication No. 174 - City of Port Colborne, Municipal Offices - Re: Proposed
Shifting of Provincial Social Housing Responsibilities to local municipalities. The
communication requests Council support a resolution to the Province opposing shifting the
Provincial Social Housing responsibility to the municipalities.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Susin, that the
request be supported. Carried Unanimously.
Communication No. 175 - Muscular Dystrophy Association of Canada - Re:
Proclamation. The communication requests that Council proclaim the month of
September, 1997 as "Muscular Dystrophy Awareness Month" in the City of Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
the request be supported. Carried Unanimously.
Communication No. 176 - Niagara Ratepayers for a Healthy Environment- Re: Landfill
Site. The communication inquires about the status of the proposed new landfill site.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor , that
the matter be referred to staff. Carried Unanimously.
AMO Conference
The City Clerk was provided with the names of those Aldermen that wished to
attend the Association of Municipalities of Ontario Conference (AMO) being held from
August 17 to August 20, 1997.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that
Mayor Wayne Thomson, Alderman Wayne Campbell, Alde~iiian Gary Hendershot,
Alderman Victor Pietrangelo and Alderman Norm Puttick, attend the 1997 Association of
Municipalities of Ontario Conference. Carried Unanimously.
REPORTS
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the actions taken on the following matters by Community Services Committee, earlier
this evening, be approved:
1. Adoption of the June 9, 1997 Community Services Committee meeting minutes;
R-97-32 - Proposed Girls Home for Soccer - Future Cemetery Site Adjacent to the
Landfill - that City staff work with the Niagara Falls Girls Soccer Club Executive to
develop a Concept Plan for Soccer Pitches up to 45 acres of the future cemetery
site; and that any plans for future development be brought back to City Council for
approval; and that any requests for financial assistance be referred to the 1998
Budget Process;
B II I'1111/I I
MW-97-60 - Glenview Area Parking Review - that recommendations contained
within Report MW-97-60, Glenview Area Parking Review be approved, with all
matters being subject to monitofing by staff,'
Bus Traffic on May Avenue and Buttrey Street - that the matter of problems
associated with bus traffic on May Avenue and Buttrey Street be referred to the next
Parking & TrafFic Committee Meeting;
5.
L-97-24 - LaHacienda Dining Lounge &Tavem - request to put portable sign on
road allowance - that Mr. ViscusL owner of LaHacienda Dining Lounge & Tavern
not be permitted to place a portable sign on the road allowance in front of the
restaurant at 5991 Lundy's Lane - Opposed: Aldermen Craitor and Janvary;
MW-97-88 - City Initiation of In Phase Local Improvements on Bfidge Street - that
the City of Niagara Falls initiate a Local Improvement By-law under Section 12 of
the Local Improvement Act for streetscaping upgrade on Bfidge Street from River
Road to approximately 50 metres west of Erie Avenue;
R-97-29 - Lundy's Lane BattleField Master Plan - that authofization be given to staff
to enter into an agreement with Commonwealth Histofic Resource Management
Limited to carry out the Lundy's Lane Battlefield Master Plan Study at a cost of
$71,892.00 (including GS T);
R-97-31 - Signage for Rules for Bathers Utilizing the City's Outdoor Swimming Pools
- that Report R-97-31 be deferred for discussion later this evening, June 23, 1997,
at Committee-of-the-Whole;
L-97-43 - Co-Op Student - Fire Department - that the City enter into an agreement
with M~tis Training Initiatives for the summer placement of a M~tis student in the
Fire Department;
10. C-97-04 - Proposed Arena Complex - that the City of Niagara Falls not accept the
proposal from Laufidon Sports Management Inc.
The motion Carried with Aldermen Creitor and Janvary voting contrary to the motion on
Report L-97-24 and with all others voting in favour. :
Se_~; By-law No. 97-131
MW-97-87- Chief Administrative OfFicer- Release Abandonmentof Easement Right
over paR 1,2,3 and4, Reference Plan 59R-984f. The report recor;Tmends that the City
release and abandon the easement fights over parts 1,2, 3 & 4 of Reference Plan 59R-
9841 and the by-law for the same be passed.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Susin, that
the report be received and adopted. Canfed Unanimously.
See By-law No,97-130
R-97-33 - Chairperson, Canada Day Committee - Canada Day, Free Swimming on
July f, 1997. The report recommends that City Council authofize free swimming at the
four (4) Municipal Pools on Monday, July 1st, 1997 as part of the celebrations planned for
Canada's 130th Birthday.
ORDERED on the motion of AIdeiiiian Creitor, seconded by Alderman Pietrangelo, that
the report be received and adopted. Canfed Unanimously,
R-97-34 - Chairperson, Canada Day Committee - Re: Canada Day Update. The report
recommends that this report be received and riled for information.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary, that the
report be received and riled for information. Canfed Unanimously.
III I ~ II III!1111/ I
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
actions taken on the following matters by Corporate Services Committee, earlier this
evening, be approved:
Adoption of the minutes of the Corporate Services Committee meeting of June 9,
1997;
F-97-43 - General Mill Rate - that Report F-97-43, General Mill Rate, and the
correspondence from Roger and Diane Beaulieu be received for infoff,ation and
further, that staff prepare a summary detailing the General Mill Rate;
F-97-44 - Municipal Accounts - that the municipal accounts in the amount of
$19,828,658.90 for the period ending June 23, 1997 be approved - Aldermen
Campbell; Craitor, Cummings, Fisher, Hendershot, Janvary, Pietrangelo and Susin
abstaining from the vote on conflicts of interest;
R-97-30 - Purchase of Two Yamaha Four Stroke Motors for St John Ambulance -
that the purchase of two 50 HP Four Stroke Motors from Niagara Marine ( 1973) Ltd.
at a total Cost of $10,810.80 plus applicable taxes for the use of the St. John
Ambulance. Boat Patrol be approved;
5. Workers' Compensation Board - that an appeal be commenced to the Workers'
Compensation Appeals Tribunal with respect to a recent Workers' Compensation
Board decision.
The motion Carried with Aldermen Campbell, Craitor, Cummings, Fisher, Hendershot,
Janvary, Pietrangelo and Susin abstaining from the vote on Report F-97-44 on conflicts of
interest previously R. oted and with all others voting in favour.
See By-law No. 97-133
PD-97-64 - Chief Administrative Officer- Re: Application for Site Plan Approval;
SPC-4/97, W/S Montrose Road, north of Cardinal Drive; Proposed 24-unit
Townhouse. The report recommends the following:
1. That Council approve the site plan for a proposed 24-unit townhouse development
located on the west side of Montrose Road, north of Cardinal Drive;
That this approval be conditional upon the developer obtaining the required
approval from the Ministry of Environment and Energy (MOEE) for the noise
attenuation fence along Montrose Road.
Mr. Kurt Klein, referred to the proposed development and commented on staffs
Recommendation No. 2 of Report PD-97-64 which refers to the sound attenuation matter.
Mr. Klein advised that the current conditions of the original report are still valid and
requested that Recommendation No. 2 be deleted.
ORDERED on the motion of Alderman Fisher, seconded by AIdeiiiian Hendershot, that the
report be approved as amended. Carried Unanimously.
PD-97-65 - Chief Administrative Officer- Re: Application for Site Plan Approval; SPC-
17/97, 3568 Montrose Road; Proposed 30-unit Addition to St. Andrews Seniors
Apartments. The report recommends that Council approve the site plan for a 30-unit
addition to the St. Andrews Apartments located at 3568 Montrose Road.
ORDERED on the motion of Aldei~ian Cummings, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
IIIIII III ~ I; I IIIINi
CD-97-24 - Chief Administrative Officer. Re: Special Occasion Permit, First Niagara
Insurance Oldtimers. 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 Hendershot, seconded by Alderman Cummings,
that the report be received and adopted. Carded Unanimously.
L-97-40- Chief Administrative Officer - Re: Street Name Change, Kimbark Avenue
to Cardinal Newman Way. The report recommends that Council pass a by-law to change
the name of Kimbark Avenue to Cardinal Newman Way.
His Worship Mayor Thomson received a negative response to his request if there
was anyone in attendance who felt that they may be adversely affected by the passing of
the by-law.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and adopted. Carded Unanimously.
See By-law No. 97-129
L-97-4f - Chief Administrative Officer- Re: Sign Application, Ontario Casino
Corporation; 5705 Falls Avenue. The report recommends that Council approve the
application for four wall signs, having a combined area of 2, 400 square feet for the Ontario
Casino Corporation on the south, east, west and north sides of the tower at 5705 Falls
Avenue.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the
report be received and adopted. The motion Carded with Alderman Craitor abstaining from
the vote on a conflict of interest because a member of his family is employed by the Casino
and 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.
L-97-42 - Chief Administrative Officer- Re: Property Standards, Christos Rigas, 5559
Portage Road. The report recommends that Council retain a demolition contractor to
forthwith undertake the work which Christos Rigas was directed to carry out under the
Order of the Property Standards Officer, namely demolish all buildings, leaving the land in
a clean and level condition on the subject property.
ORDERED on the motion of Alderman Hendershot, seconded by Alde~iiian Pietrangelo,
that the report be received and adopted. Carded Unanimously.
L-97-45 - Chief Administrative Officer- Re: Authorization to proceed with the closing
of Part of Swayze Drive. The report recommends that Council authorize staff to proceed
with the closing of part of Swayze Drive, in accordance with the Municipal AcL
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the
report be received and adopted. The motion Carried with Alderman Janvary abstaining
from the vote on a conflict 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 Cummings, seconded by Alderman Hendershot,
that Block A property (Swayze Ddve) be declared surplus to the City's needs.
The motion Carded with Alderman Janvary abstaining from the vote on a conflict of interest
previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
City accept the offer of $3,0000. O0 for the triangular portion of Swayze Drive (Block '7~ '~ ;
that the developer deed to the City, Block "B" for $2.00; and that staff be authorized to
proceed with the closing of Swayze Drive. The motion Carded with Alderman Janvary
abstaining from the vote on a conflict of interest previously noted and with all others voting
in favour.
IIIII III I ~ II nl!llll/
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that Report R-97-31, Signage for Rules for Bathers Utilizing the City's Outdoor Swimming
Pools be adopted. Carried Unanimously
See By-law No. 97-134
RESOLUTIONS
NO. 42 - WARD - ORR - WHEREAS the area of Niagara Falls known as Chippawa lacks
a Liquor Control Board of Ontario Outlet (LCBO) to service the needs of the approximately
5,500 residents and the many visitors to the area; AND WHEREAS a trip to the nearest
LCBO outlet necessitates a 24 kilometre, round-trip drive or bus ride; AND WHEREAS
many tourists are discouraged by the distance and may not retum; AND WHEREAS the
population of Chippawa is increasing and there is great potential for expanding tourism
activities; NOW THEREFORE BE IT RESOLVED THAT the LCBO seriously consider
opening an outlet to serve the beer, wine, and liquor needs of the residents and the visitors
to the Chippawa area.
AND the Seal of the Corporation be hereto affixed.
The motion Canfed with Alde,iiian Fisher abstaining from the vote on a conflict of interest
because she has a business interest and with all others voting in favour.
NO. 43 - WARD- CRAITOR - RESOLVED that a message of condolence be forwarded
to the family of the late Joe McCaffery, former Mayor of the City of SL Catharines and well-
respected citizen of his community.
AND the Seal of the Corporation be hereto affixed.
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:
97-127
A by-law to authorize the execution of an agreement with CH2M Gore &
Stonfe Limited respecting a "High Rate Treatment Feasibility Study".
97-128
A by-law to amend By-law No. 79-200, as amended. (AM-5/97, 6525 & 6535
Thorold Stone Road)
97-129
A by-law to change the name of Kimbark Avenue on registered Plan No. 128,
to be known as Cardinal Newman Way.
97-130
A by-law to authorize a release and abandonment of an easement over Parts
1, 2, 3 and 4 on Reference Plan No. 59R-9841.
97-131
A by-law to authorize the execution of an agreement with M~tis Training
Initiatives with respect to the summer placement of a M~tis student in the
Fire DepartmenL
97-132
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking).
97-133 A by-law to authorize monies for General Purposes (June 23, 1997).
IIII1[ III ' B I1 I'llIll
10-
7-f34 A by-law to authorize the execution of an Agreement of Purchase and Sale
between 876990 Ontario Limited, carrying on business as Parkside Homes
(1996) and The Corporation of the City of Niagara Falls, for the sale of part
of Swayze Ddve described as Parts 11, 12 and 13 on the sketch attached to
the said Agreement.
The motion Carried with Aldermen Campbell, Craitor, Cummings, Fisher, Hendershot,
Janvary, Pietrangelo, and Susin abstaining from the vote on By-law 97-133 on conflicts
of interest previously noted; Alderman Janvary abstaining from the vote on By-law No.
97-134 on a conflict of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by A/demean Fisher, that the
following by-laws be now read a second and third time:
97-127
A by-law to authorize the execution of an agreement with CH2M Gore &
Storrie Limited respecting a "High Rate Treatment Feasibility Study".
97-128
A by-law to amend By-law No. 79-200, as amended. (AM-5/97, 6525 & 6535
Thorold Stone Road)
97-129
A by-law to change the name of Kimbark Avenue on registered Plan No. 128,
to be known as Cardinal Newman Way.
97-130
by-law to authorize a release and abandonment of an easement over Parts
2, 3 and 4 on Reference Plan No. 59R-9841.
97-131
A by-law to authorize the execution of an agreement with M~tis Training
Initiatives with respect to the summer placement of a M~tis student in the
Fire Department.
97-132
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking)
97-133 A by-law to authorize monies for General Purposes (June 23, 1997).
97-134 A by-law to authorize the execution of an Agreement of Purchase and Sale
between 876990 Ontado Limited, carrying on business as Parkside Homes
(1996) and The Corporation of the City of Niagara Falls, for the sale of part
of Swayze Drive described as Parts 11, 12 and 13 on the sketch attached to
the said Agreement.
The motion Carried with Aldermen Campbell; Craitor, Cummings, Fisher, Hendershot,
Janvary, Pietrangelo and Susin abstaining from the vote on conflicts of interest on By-law
No. 97-133 previously noted and with all others voting in favour,' Alderman Janvary
abstaining from the vote on By-law No. 97-134 on a conflict of interest previously noted
and with all others voting in favour.
NEW BUSINESS
Handicap Committee
Alderman Pat Cummings provided an update on the recently formed Handicap
Committee.
Composters
Alderman Pat Cummings referred to concems having been expressed regarding
the location of home composters and requested that the matter be referred to staff. He
was advised that staff was already looking into the matter.
IIIII III I ~ II III!11111:
11 -
ORDERED on the motion Orr, seconded by Alderman Pietrangelo, that the meeting be
adjoumed. Carried unanimously.
READ AND ADOPTED,
NINETEENTH MEETING
COMMITTEE-OF-THE-WHOLE
Committee Room #2
July 7, 1997
Council met on Monday, July 7, 1997 at 6:00 p.m. in Committee-of-the-Whole. All
members of Council were present, with the exception of Aldermen Campbell, Hendershot
and Pietrangelo, who were on vacation. His Worship Mayor Wayne Thomson presided
as Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
PLANNING MEETING
Council Chambers
July 7, 1997
Council met on Monday, July 7, 1997 at 7:00 p.m. for the purpose of considering
Planning and Regular Business Matters. All members of Council were present, with the
exception of Aldermen Campbell, Hendershot and Pietrangelo who were on vacation.
Alderman Susin offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Cummings indicated a pecuniary interest on Report MW-97-92, because
he has a business interest; and conflict of interest on By-law 97-142 because it involves
acres; and Alderman Cummings and Craitor a pecuniary interest on Report F-97-45;
Cheque Nos. 230392, 230327 and 232440 because a member of their family is employed
by the Region;
Alderman Janvary indicated a pecuniary interest on Report No. F-97-45, Cheque
No. 230474 because she is employed by the Niagara South School Board.
Alderman Susin indicated a pecuniary interest on Report MW-97-93, Contract 97-03
because he owns property in the area and because his mother resides in the area;
Conflict on PD-97-72 Site Plan Control 22-96 on Falls Avenue because he holds the
mortgage on a property on John & River Road; and indicated a pecuniary interest on
Report F-97-45, Cheque No. 270531 because members of his family are volunteer
firefighters.
Alderman Ward indicated a pecuniary interest on Report PD-97-70 because he has
a business relationship with the proponent. Aldermen Ward and Orr indicated a pecuniary
interest on Report L-97-49 because they have a business relationship with the proponent.
PRESENTATIONS
Presentation to the Fire Department
His Worship Mayor Thomson introduced Aldemian Kim Craitor and AI Greatfix of
the Niagara Fails District Labour Council who presented two infant and two adult
mannequins to Area Fire Chief Co/in Biggar, Station No. 6. Absent was Terry Norton,
Executive Officer with the Labour Council and volunteer fireman as well..
His Worship Mayor Thomson thanked Alderman Craitor and AI Greatrix of the
Niagara Falls Labour Council, for the presentation to Station 6 on behalf of Council and
the community, indicating that this type of donation to the group helps the community by
providing the opportunity for special training of our officers to save lives.
Alderman Pat Cummings of the Stamford Centre Volunteer Firefighters Association
presented a $6,000. O0 cheque donation to Fire Chief Peter Corfield so that they can pay
completely for the Thei~iial Imaging Camera for the Fire Department.
His Worship Mayor Wayne Thomson thanked the Stamford Centre Volunteer
Firefighters Association through Alderman Cummings for the donation; and Chief Cotfield
thanked the SCVFA, as well, for this donation and indicated that now that the goal of
$30,000.00 has been attained, it would all be complete with the procurement of the
Command Car due to this truly community effort.
His Worship Mayor Thomson congratulated Peter Methner (Team Captain); Dave
Leonard; Scott Wilkinson; Paul Dekay; Tim Vail and Dave Evans of the Niagara Falls
Fire Department Auto Extrication Team, who competed against 17 teams and placed third
overall in the unlimited category, and first overall in the Western Region at the Central
Westem Ontario Auto Extrication Competition in Sunderland, Ontario. The team members
presented the "Third Overall Regional" trophy to Chief Peter Cotfield and thanked him for
his help in the past three years. The team has qualified to compete in the International
competition in Vancouver, British Columbia in September, against teams from the United
States, Australia, Great Britain and South Africa.
His Worship Mayor Thomson sent special thanks to Charlie and Rose Antal of
Rainbow Auto Parts on Kalar Road for providing vehicles to the Niagara Falls Fire
Department Auto Extrlcation Team for practice purposes.
RA TIFICA TION OF COMMITTEE OF THE WHOLE MATTERS
ORDERED on the motion of Alderman Janvary, seconded by Alderman Volpatti, that the
action taken on the following matter by Committee of the Whole earlier this evening be
approved.
A cheque for $2,000. O0 was presented to the Fire Department on behalf of the City to start
their fund-raising.
III1! II I ~11 II 111111
- 3 -
Prior to dealing with Council matters, His Worship Mayor Thomson welcomed
Alde~ian Puttick back to Council after his recuperation from surgery.
CURRENT PLANNING MATTERS
PD-97-67 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-18/97, Conmeal Health Cam Group; 6400 Valley Way; Applicant: William Verkaik.
The report recommends that 1) Council approve the zoning by-law amendment application
to pe.iiit the construction of a two-storey, 80-unit senior citizens' residence; and 2) that the
applicant provide for the construction of a rive-foot wide sidewalk along the full frontage of
the site to the satisfaction of the Municipal Works DepartmenL
- AND -
Communication No. 177- Regional Niagara, Planning and Development Department.
The communication advises as having no objection to the application, subject to the
requirements of the Regional Public Works DepartmenL
Communication No. 178 - Niagara Peninsula Conservation Authority. 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 June 6, 1997.
His Worship Mayor Thomson received indication that the applicant Mr. Verkaik, 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 discussed the subject lands with the
assistance of posted sketches and indicated that the proposal to construct a retirement
home on the subject lands complies with the City's OfFicial Plan. He further advised that
this application was a change from a larger Nursing Home to a combined Senior Citizens
Retirement Home complex.
There was a negative response to Mayor Thomson's request for comments from
persons other than the applicant or his agent, in support or in opposition of the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-18/97 closed.
ORDRED on the motion of AIde~i.an Cummings, seconded by Alderman Fisher, that the
report be received and adopted as proposed. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
correspondence be received and filed. Carried Unanimously.
PD-97- 70 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-17/97; Walker Community Development Corporation, Neighbourhoods of SL
David's Plan of Suvbdivision (currently Walker Heights Draft Plan of Subdivision);
Agent: Glen Barker, Miller O'Dell Planning Assoc..
The report recommends the fo~owing:
That Council approve the revised plan of subdivision known as the Neighbourhoods
of St. David's subject to the conditions in the aftached Appendix I;
That Council approve the zoning by-law amendment ~4'hich will establish
appropriate regulations for the development of the subdivision and the protection
of an environmentally sensitive area: and
That a copyof the report be forwarded to the Region as the City's comments on the
revised plan of subdivision.
- AND -
Communication No. 179 - Regional Niagara Planning and Development Department.
The communication advises that detailed comments on this proposal will be made through
the draft approval modification process and that final approval of a zoning by-law be
delayed until such time as the draft plan modification has been granted approval by the
Region.
Communication No. fBO - Niagara Peninsula Conservation Authority. The
communication advises as having no objection to the application.
Communication No. 18f Canadian National Railway - The communication
expresses opposition to the rezoning unless the City includes the 30 metre setback
provision in the Zoning By-law Amendment.
Communication No. 182 Niagara Peninsula Conservatiot~ Authority. The
communication provides comments as outlined in their correspondence.
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 Pubtic Meeting, had been given in
accordance with Regulations on June 6, 1997.
His Worship Mayor Thomson received indication that Mr. Glen Barker, Miller O'Dell
Planning Asoc., was in attendance on behalf of the applicant and r~;i~eived a negative
response to his request for a show of hands by persons present who were interested in the
application. 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 advised that the subdivision is a
modification of the previously approved Walker Heights plan of subdivision and has been
downsized to a proposed unit count of between 147 and 226 dwellir~g units. He further
advised was that CN has specifically asked for a 30 metre set back.
III1! II I ~11 I~ 111111
There was a negative response to Mayor Thomson's request for comments from
persons, other than the applicant or his agent, in support or in opposition of the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-17/97 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the
report be received and adopted. The motion Carried with Alderman Ward voting contrary
to the motion and with all others voting in favour.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Volpatti, that the
correspondence be received and filed. Carried Unanimously.
PD-97-73 - Chief Administrative Officer- Re: Cytec Landfill Site Remediation Peer
Review Study. The report recommends the following:
1. That the results of the Peer Review Study undertaken by Acres and Associated
regarding Cytec Canada's Landfill Disposal Application be presented to council for
consideration;
2. That questions and comments from persons attending the public meeting
presentation be entertained and recorded; and
That the recommendations of Acres and Associated be referred to Staff for the
preparation ~f a final report to Council.
His Worship Mayor Thomson received indication that Mr. Bruce Bennett, Acres
Project Manager,' Tom Smart, Miller O'Dell Planning Issues; George Slaney were in
attendance, as well as John Mayes of the M.O.E.E.; Bob Osborne, Ontario Hydro; Bill
Amadio and John Dawson.
Mr. Bennet{ referred to preferred solutions and altematives to cap the four landfill
sites with the assistance of posted sketches.
All capping ,will be paid for by Cytec. Cytec's liability is to protect the environment
to ensure that the cap does its job and does not allow contaminants to leave the site, and
they can be held responsible for the cost of removal if the options are unacceptable for
environmental rea.lons.
Alderman Vf~lpatti expressed concerns about cyanide and amonia.
Mr. John Mayes, Ministry of the Environment, clarified certain issues i.e. amonia
concentration and cyanide.
Mr. Tom Smart provided certain aspects of the whole operation.
Mr. Bill Amadio questioned if the Acres book would be available to the public,
Bob Osborne, Ontario Hydro, advised that the proposed development was done
with full consultation with Ontario Hydro and a letter of support will be forthcoming. Ontario
Hydro is in agreement with Cytec's proposal.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Report PD-97-73 closed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor that the
recommendations of Acres & Associated be referred to staff to evaluate all the processes
and refer back to members of Council with information and evaluation, and a final report
at a public meeting, and that Report PD-97-73 be received and filed. The motion Carried
with A/deft.an Cummings abstaining from the vote because the Consultant (Acres) is
involved and with all others voting in favour.
Alderman Orr requested that the Acres book be kept in the Council file.
MISCELLANEOUS PLANNING MATTERS
PD-97-68 - Chief Administrative Officer - Re: Proposed Revised Regional Severance
Policies in Agricultural Areas. The report recommends that Council advise the Region
it has no objections to the proposed policies outlined in RegiOnal Report DPD 6-97
(revised). '
ORDERED on the motion of Alderman Fisher, seconded by AIderman Susin that the report
be received and adopted. Carded Unanimously.
PD-97-69 - Chief Administrative Officer- Re: Application for Site Plan Approval,
SPC-11/97, 4303 River Road, Proposed Pagoda Structure. T[,,e report recommends
that Council approve the site plan for a proposed seven-storey pagoda structure located
at 4303 River Road, site of the Ten Thousand Buddha's for World .,Peace Temple.
ORDERED on the motion of Alderman Janvary, seconded by Aldeiiiian Craitor that the
report be received and adopted. Carried Unanimously.
PD-97-72- Chief Administrative Officer- Re: Site Plan Agreement, SPC-22/96, Falls
Avenue between Hiram and John Streets. The report recommer!ds the following:
1) That Council approve the request of the Niagara Falls Bddge Commission to waive
the standard condition of requiring a Letter of Credit to be pDvided to the City as
security for the Commission's proposed parking lots Iocatad on Falls Avenue
between Hiram and John Streets; and
2) That Council approve the By-law on tonighrs agenda placin~ this development
under site plan control.
ORDERED on the motion of Alderman Cummings, seconded by A?~lerman Orr that the
report be received and adopted. The motion Carded with Alderman Sosin abstaining from
the vote on conflicts of interest previously noted and with all others voting in favour.
.See By-law 97-137
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
Minutes of the Regular meeting of the June 23, 1997 Council meeting b.e adopted. Carded
Unanimously.
DEPUTATIONS
The Niagara Falls Employment Help Centre
Ms. Kerry Ferguson, Employment Counsellor, advised that the Help Centre
replaced the Futures Program on April 1, 1997 with a new program called "Breaking into
the Labour MarkeL "
Ms. Cathy Upper of the Niagara College Career Centre advised that there will be
a session on July 8, 1997 at the Niagara Falls Public Library, La Marsh Room,
commencing at 1:30 p.m., and that the Career and Employment Program was funded by
the Province through the Ministry of Education and Training. She further indicated that the
various programs offer employment services to people out of school, work, and seeking
entry into the labour market. She informed that the general public can access current job
postings and training through the computer job bank, and information was available
through the Centre. :
Tony Ravenda, Director of Corporate Services would be attending the session
as the City's representative.
Befi Helicopters
Mr. Bill Wannamaker, Helicopters Association International;; Bob MacDonald,
President, Bell Helicopters, Dennis Lacroix, Director of Marketing, Jacques SL
Laurant, Director of'Engineering, He~copter Association, and members of Transport
Canada were in attendance.
Mr. SL Laurent provided an overview and advised that Bell Helicopters earned its
reputation as being the most reliable in the wodd. They have invested $2,000,000.00 to
make modifications to reduce the noise of the Aircraft. They are working with the engine
manufacturers, Allison Engines in Indianapolis who have developed a kit to reduce the
speed of the aircraft which will, in tum, reduce the noise signature and this should be
installed by the endOf August, and then submitted to the FAA which will take two to three
weeks to be approved. The aircraft should be modified by the first week of September. It
will reduce the de¢ibels by 2DB.
Mr. Bill Wannamaker made reference to the improved decibel levels at the Grand
Canyon.
Cecil Amadio, owner of the campground in close proximity to the Niagara
Helicopters, expre ,ssed his concerns and dissatisfaction at the previous efforts made by
Niagara Helicopters and is still of the opinion that the noise levels would be unbearable.
Ontario Provincial Police
Senior Constable Larry Strange Sr. provided information on the "Cops for Cancer"
campaign to be held in the Niagara Square Parking Lot on July 27, 1997 between the
hours of 12 noon and 5:00 p.m. and encouraged members of Council and the public to
participate,
Constable Strange presented His Worship Mayor Thomson with a "Cops for Cancer"
cap as a token of his appreciation.
Alderman Kim Craitor presented a cheque for $200. O0 to the campaign on behalf
of the Niagara Falls Labour Counc~,
His Worship Mayor Wayne Thomson thanked Constable Stranges for his
attendance and wished him success in his efforts.
COMMUNICATIONS
Communication No. 183 - Regional Clerk, Office of the Clerk - Re: Tourism-Oriented
Directional Signing (TODS). The communication advises thai' the Region has appreved
the recommendation that Canadian TODS Limited be permitted to place Tourism-Oriented
Directional Signing on Regional Roads on an interim basis and *that Regional staff prepare
a draft policy on Tourism-Oriented Directional Signage (TODS).
ORDERED on the motion of Alderman Ward, seconded by/,~,'derman Volpatti that the
communication be received and filed for the information of Council. Carried Unanimously.
Communication No. 184 - Recycling Counc~ of Ontario Re: Proclamation -
requesting Council proclaim the week of November 3 - 9, 1997 as "Waste Reduction
Week"in the City of Niagara Falls, and requesting the appointment of a Waste Reduction
team to co-ordinate WRW events. :
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher that the
request be approved, and that the matter be referred to WaSte Reduction and some
promotional material should be forwarded to the Region who are.authorized in that regard.
Carried Unanimously.
Communication No. 185 - Downtown Board of Management - Re: Queen Street
Music Fest - requesting Council consider the Queen Street Music Fest to be held on July
19, 1997, as a "Community Festival".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary that the
request be supported and that the correspondence be received and filed. Carried
Unanimously.
Communication No. 186 - Gateway Niagara City Mission (GNCM) Re:
Proclamation - requesting permission to use the square in front of City Haft on July 26,
1997 for a community "Niagara City Mission Awareness Day. '*
ORDERED on the motion of Alderman Creitor, seconded by Alderman Orr that the request
be supported and that the correspondence be received and fil?d. Carried Unanimously.
REPORTS
MW-97-91 - Chairman, Municipal Parking & Traffic Committee - Re: Municipal Parking
& Traffic Committee Recommendations - June 24, 1997 Meeting. The report
recommends that:
1)
Visitor & Convention Bureau - Request for parking in Municipal Lot #18
It is recommended that the Visitor & Convention Bureau be permitted to lease four
(4) parking spaces in Municipal Parking Lot #18 (Kitchener Street), at a cost of
$35.00 per space, from July to September, Monday to Friday only, between 8:00 am
to 6:00 pm.
Region of Niagara Request for Dedicated Parking - Municipal Parking Lot #12
It is recommended to allow the Region of Niagara to dedicate twenty-five (25)
parking spaces, with appropriate signage, in Municipal Parking lot #12 (Sylvia
Place), at a cost of $20. O0 per space and to advise the Southend BIA for comment.
Strohan Street- Heavy Vehicle Restriction
It is recommended that a heavy vehicle restriction, with fine amount on the signs,
be placed on Strohan StreeL
See By-law 97-141
Request re re-install Parking Meter- St. Clair Avenue
It is recommended that the parking meter in front of Dr. Petrullo's practice on St.
Clair Avenue, be re-installed.
MW-97-76 - Request for School Crossing Guard - Willoughby Drive at Cattell
Drive
It is recommended that.'
1) a school crossing guard be assigned to assist children crossing Willoughby
Drive at Cattell Drive commencing in the 1997/1998 school year,'
2) the school :crossing guard at Willoughby Drive and Aberdeen Street not be
removed;! ~
3) appropriate signing according to the Manual of Uniform Traffic Control
Devices be installed on Willoughby Drive at Cattell Drive, informing motorists
of the school crossing;
4) pavement markings identifying the school crosswalk be applied on
Willoughby Drive at Cattell Drive; and,
5) the Niagara Regional Police be requested to provide some selective
enforcement of the existing 50 km/h speed limit on Willoughby Drive.
6) the installation of sidewalks on the northeast side of Willoughby Drive
between Aberdeen Street and Cattell Drive be referred to Engineering Staff
to be considered for installation before the beginning of the School in
September.
7) Staff undertake a review for the installation of an All Way Stop at the
intersection of Willoughby Drive at Cattell Drive.
MW-97-7f - Parking Fine Review Update
It is recommended that:
1) the proposed revisions to the parking fines as outlined in the attached fine
schedule be approved, and
2) the Regiorl, of Niagara be requested to amend the schedules under their
jurisdicition, within the City of Niagara Falls, to reflect the revised parking fine
structure.
MW-97-77 - Parking Restriction Request - Thompson Road and Portage Road
It is recommended that:
1) parking be restricted at all times on the south side of Thompson Road from
the east limit of Thompson Road to 40 metres west of Jessie Court; and,
2) parking be restricted at all times on the east side of Portage Road from the
east limit of Thompson Road to 2087 Portage Road.
Victoria Avenue BIA - Various Traffic Items
It is recommended that:
1) a "No Stopping Anytime - Tow Away" restriction be installed on the north side
of Centre Street from Victoria Avenue to 22 metres west of Victoria Avenue;
2) long term parking metres be installed on the north side of Hunter Street
between Victoria Avenue and Union Avenue; and,
3) a "No Parking Anytime - Tow Away" restriction be installed on the south side
of Hunter Street from Victoria Avenue to 66 metres west of Victoria Avenue.
lllll III I ~ II El Illal
10~
Request for Pedestrian Crosswalk - Lundy's Lane BIA
It is recommended that the Region of Niagara consider the installation of a
Pedestrian Crosswalk/Signal on Lundy's Lane in the area of Westlane High School
1o)
Chippawa Boat Ramp - Parking Restrictions
It is recommended that:
1) Parking be restricted on both sides of Lyons Creek Road from approximately
20 metres east of Sodom Road to approximately 20 metres west of the
entrance to the Chippawa Boat Ramp;
the signing at the intersection of Sodom Road and Lyons Creek Road be
reviewed; and,
these items be referred to the Region of Niagara for approval and action.
Taxi Cab Stand- Oneida Lane
It is recommended that a taxi cab stand be established on the east side of Oneida
Lane from 73 metres north of Clifton Hill to 88 metres north of Clifton Hill.
Following some discussion, it was ORDERED on the motion of Alderman Orr, seconded
by Alderman Susin that the whole fee structure be referred back to the Parking and Traffic
Committee and report back to council. Canfed Unanimously.
MW-97-93 - Chief Administrative Officer - Re: Contract 97-03, 1997 Hot Mix Asphalt
Overlays. The report recommends that the unit prices submitted by the low tenderer,
Norjohn Ltd., be accepted and the by-law be passed.
ORDERED on the motion of Alde~iian Cummings, seconded by Aldefiiian Fisher, that the
report be received and adopted. The report Carried with Alderman Susin abstaining from
the vote on conflicts of interest previously noted and with a~ others voting in favour.
MW-97-94 - Chief Administrative Officer - Re: Contract 97-08, 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 be passed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti. that the
report be received and adopted. Carried Unanimously.
F-97-45 - Chief Administrative Officer- Re: Municipal Accounts. The report
recommends that Council approve the accounts totalling $2,290,217.65 for the period
ending July 7, 1997.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitorthat the report
be received and adopted. The motion Carried with Aldermen Cummings, Creitor, Janvary
and Susin abstaining from the vote on conflicts of interest previously noted and with all
others voting in favour.
L-97-46 - Chief Administrative Officer - Re: Authorization to Proceed with the
Closing Part of the Road Allowance between Stamford Township Lots 13 and 28, 14
and 27° The report recommends that Council authorize staff to proceed with the closing
of part of the road allowance between Stamford Township Lots 13 and 28, 14 and 27, in
accordance with the Municipal Act.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Puttick that the
report be received and adopted. The motion Carried with Alderman Susin voting contrary
to the motion and with all others voting in favour.
L-97-47 - Chief Administrative Officer - Establishment of Road Widening as a
Public Highway, Kalar Road, Part 2 on Reference Plan 59R-9681. The report
recommends that a road widening, described as Part 2 on Reference Plan 59R-9681, be
established as part of a public highway, to be known as Kalar Road.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings that the
report be received and adopted. Canfed Unanimously.
IIII I[ I ~11 III 111111
11
L-97-48 - Chief Administrative Officer - Establishment of One Foot Resetyes as
Public Highways, Waters Avenue and Warden Avenue; Blocks A and B on Plan No.
137. The report recommends that one foot reserves, described as Blocks A and B on
registered Plan No. 137, be established as public highways, to be known as Waters
Avenue and Warden Avenue, respectively.
ORDERED on the motion of Alderman Susin, seconded by Alde.~an Puttick that the report
be received and adopted. Carried Unanimously.
L-97-49 - Chief Administrative Officer - Casino Niagara; Request to lease City
Property. The report recommends that:
That Council lease the untravelled portion of the intersection of Bender Street and
Victoria Avenue to Casino Niagara for the placement of one ground sign subject to
the conditions set out in Schedule "A" attached hereto.
2. That Council approve the Application for Sign Permit by Casino Niagara as set out
in Schedule "B" attached hereto.
ORDERED on the motion of Alderman Susin, seconded by Alderman Puttick that the report
be received and adopted. The motion Carried with Alderman Ward abstaining from the
vote on a conflict of interest previously noted and 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.
L-97-51 Chief Administrative Officer - Sign Permit Application, Group 2
Development; 3643 Portage Road. The report recommends that City council approve the
application for a ground sign having a height of thirty-four feet (34~) for Group 2
Development on the west side of Portage Road.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Susin that the report
be received and adopted. Carried Unanimously.
L-97-52 - Chief Administrative Officer - Authorization to Proceed with the Closing
and Sale of Part of Laneway off Peer Lane, Plan 311. The report recommends that
Council authorize staff to proceed with the closing of part of a laneway lying south of Peer
Lane.
ORDERED on the motion of Alderman Cummings, 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 Janvary, seconded by Alderman Volpatti, that the
action taken on the following matters by Committee of the Whole earlier this evening be
approved.
1) That the legal bill for the Redmond Heights rile be authorized to be assessed or taxed.
Canfed Unanimously.
Unfinished Business
The Rigas House on Portage Road, across from the General Hospital, has been
demolished and the site levelled.
The Burgess Battery property was inspected the day after Council and improved over the
last time there was an inspection and does not watTant any action by the Property
Standards By-law.
12 -
With respect to a "Poop and Scoop" By-law for cats, the City does not have a specific
authority for Council to impose that kind of By-law on the owners of cats. His Worship
Mayor Thomson requested that a copy of the Welland cats '?3oop and scoop" By-law be
circulated to members of Council for review over the next two weeks and have another
discussion on this on-going problem.
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Susin, seconded by Aldefii~an Craitor, that the
actions taken on the following matters by Community Services Committee, earlier this
evening, be approved:
Adoption of the June 23, 1997 Community S 9rvices Committee meeting minutes;
Request from Mr. John Robert Chevalier :for Permission to Busk
That the request of Mr. John Robert Cheval.er for permission to busk on City Streets be
denied.
R-97-35 - The Peer House. 5965 Barker ,'itreet
That inclusion of the Peer House in the Lund) 's Lane Battlefield Heritage Park be deferred.
MW-97-90 - Kiwanis Club of Stamford Im ~ - Bench Advertising Program
That the agreement between the City and the Kiwanis Club of Stamford Inc. for their Bench
Advertising Program be renewed in five year increments (i.e. a term of five years with an
option to renew for five years); and that the Program be endorsed, including the City's
participation in providing concrete pads; and that expansion of the Program into non bus
stop locations be endorsed subject to co-ordination/consultation with businesses in the
areas; and that the donation of advertising space to the City be accepted with Staff co-
ordinating this advertising opportunity; and that authorization be granted for an agreement
between the City and the Region allowing the benches on Regional Roads; and for the City
to act on behalf of the Region in administering this program.
Concerns of the "User Fee" Committee
That Council reaffirm its position that it does not intend to institute user fees for parks this
year.
MW-97-92 - Appointment of Consultant - Water Meter & Rate Study
That the City retain the firm of Acres & Associated Environmental Limited as the Consultant
to undertake the Water Meter & Rate Study at a cost not to exceed $100,000. and that the
by-law appearing on tonight's Council agenda be approved.
R-97-37 - Amendment to By-law Banning Dogs in Cffy Cemeteries
That By-law 87-87 be amended as follows; Clause 9 (1) e. "No domesticated animals
including leashed or unleashed pets are allowed on cemetery grounds, including
roadways"; and that Staff prepare a report on the issue of dogs in parks.
FD-97-04 - Vehicle Purchase (Command Car)
That Staff be authorized to purchase a new vehicle from Paul Foy Pontiac Buick GMC Ltd.
for the price of $23,075. O0 plus tax.
IIII I[ I ~ II a IIIII!
13 -
Request from Carlo Perone, 6989 Glen ,qpwan Crescent
That relief from tipping fees be granted to Mr. Ca~o Perone, 6989 Glengowan Crescent.
Update on OEW/Thorold Stone Road Overpass
Information was provided to Council regarding QEW/Thorold Stone Road overpass,
improvements to the ramps and widening of Thorold Stone Road.
Niagara River Parkway- Nature Trail
That the NPC be requested to review the matter of safety along the gorge with respect to
additional warning signs.
The motion Carried with Alde~ii~an Cummings abstaining from the vote on a conflict of
interest on Report MW-97-92; Aldermen Ward and Volpatti voting contrary to the request
from Carlo Perone, 6989 Glengowan Crescent; Alderman Susin abstaining from the vote
on a conflict of interest on Report FD-97-04 and voting contrary to the motion on Report
MW-97-92; and with all others voting in favour.
RESOLUTIONS
NO. 44 - CUMMINGS - JANVARY - RESOLVED that His Worship Mayor Wayne
Thomson, Aldermen Wayne Campbell, Gary Hendershot, Victor Pietrangelo, Norm Puttick,
be appointed as voting delegates to the 1997 Association of Municipalities of Ontario
Conference, to be held on August 17 to August 20, 1997.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 45 - VOLPATTI- CRAITOR - WHEREAS Council has adopted By-law No. 97-83
on April 21, 1997; and WHEREAS Council, on the 26th day of May, 1997, reaffirmed irs
approval of By-law No. 97-83; and WHEREAS the applicant has brought a motion before
the Ontario Municipal Board, maintaining that the objection is frivolous and made only for
the purpose of delay; NOW THEREFORE BE IT RESOLVED THAT the City Solicitor and
necessary staff be authorized to represent the City of Niagara Falls at the presentation of
any such motion.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 46 - FISHER - VOLPA TTI - RESOLVED that a message of condolence be
forwarded to the family of the late Ryan Irish, an avid hockey player and active in local
sports.
AND the Seal of the Corporation be herato affixed.
Carried Unanimously.
NO. 47- FISHER - VOLPATTI RESOLVED that a message of condolence be
forwarded to the family of the late Helen Weston, proud recipient of the "Misty" Award, for
her dedication and service to the tourism industry; and well-respected citizen of the
community.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
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14-
NO. 48 - CUMMINGS - JANVARY - RESOLVED that a message of condolence be
forwarded to the family of the late Rene Greaves; wife of Alec Greaves, former Director of
Planning & Development Department and well-respected citizen of the community through
her involvement with the Beta Sigma Phi Sorority and the Stamford Women's Institute.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 49 - ORR - SUSIN - RESOLVED that a message of condolence be forwarded to
the family of the late Ralph Grant, husband of Marguerite Grant; and well known and
respected citizen of the community through his involvement with the Tourism Industry.
AND the Seal of the Corporation be herato affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr that By-law
97-140 be withdrawn.
Carried Unanimously.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Janvary, that leave
be granted to introduce the following by-laws and the by-laws be read a first time:
97-135
To Authorize the execution of an agreement with Commonwealth Historic
Resource Management Inc. repecting a Study for the Lundy's Lane
Battlefield Master Plan.
97-136
To amend By-law 79-200, as amended. (AM-12/97, Teri Salvador, 3552
Bridgewater Street).
97-137
To amend By-law No. 96-120, respecting the classes of development that
may be unertaken in site plan control areas. (Niagara Falls Bridge
Commission, SPC-22/96)
97-138
To establish Part 2 on Reference Plan 59R-9681 as a public highway, to be
known as and to foi~ii part of Kalar Road.
97-139
To establish Blocks A and B on registered Plan No. 137 as public highways
to be known as and to form part of Waters Avenue and Warden Avenue,
respectively.
97-140 Withdrawn
97-141
To amend By-law No. 89-2000, being a by-law to regulate parking and traffic
on City reads (Heavy Vehicles).
97-142
To authorize the execution of an agreement with Acres & Associated
Environmental respecting a study to undertake a Water Meter and Rate
Study.
97-143 A by-law to authorize monies for General Purposes (July 7, 1997)
The motion Canfed with Aldermen Craitor, Cummings, Janvary and Susin voting contrary
to the motion on By-law No. 97-143; Alderman Susin abstaining from the vote on By-law
No. 97-137 on a conflict of interest previously noted; and Alderman Cummings on By-law
97-142 on conflict of interest previously noted and with all others voting in favour.
III1: I[ I II II I1 111111
15 -
ORDERED on the motion of AIde,~an Cummings, seconded by Alderman Orr that By-law
97-140 be withdrawn.
Carried Unanimously.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the
following by-laws be now read a second and third time:
97-135
To Authorize the execution of an agreement with Commonwealth Historic
Resource Management Inc. repecting a Study for the Lundy's Lane
Battlefield Master Plan.
97-136
To amend By-law 79-200, as amended. (AM-12/97, Teri Salvador, 3552
Bridgewater Street).
97-137
To amend By-law No. 96-120, respecting the classes of development that
may be unertaken in site plan control areas. (Niagara Falls Bridge
Commission, SPC-22/96)
97-138
To establish Part 2 on Reference Plan 59R-9681 as a public highway, to be
known as and to form part of Kalar Road.
97-139
To establish Blocks A and B on registered Plan No. 137 as public highways
to be known as and to form part of Waters Avenue and Warden Avenue,
respectively.
97-140 Withdrawn
97-141
To amend By-law No. 89-2000, being a by-law to regulate parking and traffic
on City roads (Heavy Vehicles).
97-142
To authorize the execution of an agreement with Acres & Associated
Environmental respecting a study to undertake a Water Meter and Rate
Study.
97-143 A by-law to authorize monies for General Purposes (July 7, 1997)
NEW BUSINESS
Restaurant on Centre Street
Alderman Puttick referred to a particular restaurant soliciting business on streets in
the Centre Street area.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher that this be
referred to Staff for control. Can'led Unanimously.
Letter of Congratulations
Alderman Craitor requested that a letter of congratulations be sent to AI Flier for his
donation of a $10,000.00 cheque representing the proceeds of the First Annual Golf
Tournament, to the Terry Fox Foundation.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Susin. Carried
Unanimously.
16 -
Property on Dorchester and McLeod Roads
Alderman Craitor expressed concerns on the decommissioning of the land at the
comer of McLeod Road and Dorchester Road, and requested further information on the
property which was a former Esso Station and is over-grown with weeds.
Letters of Condolence
ORDERED on the motion of Alderman Fisher that a letter of condolence be forwarded to
the family of the late Helen Weston. Carried Unanimously,
ORDERED on the motion of Alderman OFF that a letter of condolence be forwarded to the
family of the late Ralph Grant, Carried Unanimously.
ORDERED on the motion of Alderman Fisher that a letter of condolence be forwarded to
the family of the late Ryan Ifish, Carried Unanimously,
ORDERED on the motion of Alderman Cummings that a letter of condolence be forwarded
to the family of the late Helen Greaves, Carried Unanimously,
Historical Socie~ T-Shirts
Alde~an Fisher mentioned and displayed T-Shirts from the Histodcal Society that
were on sale for $21.55 including taxes.
Old Police Station
Alderman OFF expressed concerns about the structure of the old Police Station on
Zimmerman Avenue and requested that staff look at the status of the safety structure.
Ambulance Service
Alderman Cummings expressed great concems about the Ambulance Dispatch out
of Hamilton and requested that Chief Corfield consult with Dr. Munkley respecting the
delays involved.
ORDERED on the motion of Alderman OFF, seconded by Alderman Janvary, that the
meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
TWENTIETH MEETING
REGULAR MEETING
Council Chambers
July 21, 1997
Council met on Monday, July 21, 1997 at 7:00 p.m. for the purpose of considering
Regular Business matters. All members of Council, with the exception of Alderman
Campbell, who was away on vacation, were presenL Alderman Judy Orr offered the
Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Cummings indicated a pecuniary interest on Report F-97-47, Cheque No.
230683, Report MW-97-95 and By-law No. 97-151 because Acres is involved.
Aldermen Creitor and Cummings indicated pecuniary interests on Report F-97-47,
Cheque Nos. 230575; 230755; M91948; 230809 and 230846; because members of their
family are employed by the Region.
Alde,,an Creitor indicated a pecuniary interest on Report F-97-47, Cheque No.
230839 because the recipient is his employer.
Aldermen Janvary and Pietrangelo indicated pecuniary interests on Report F-97-47,
Cheque No. 230790 because they are employed by Niagara South Board of Education.
AIdell,an Pietrengelo indicated a pecuniary interest on Report F-97-45, from the
Council meeting of July 7, 1997 on Cheque Nos. 230474 and 230486 because he is
employed by the School Board.
Alderman Susin indicated a pecuniary interest on Report No. FD-97-08, Bill 84, Fire
Protection & Prevention Act; and on Report F-97-47, Cheque No. 230659 because
members of his family are volunteer firefighters.
Alderman Ward indicated a pecuniary interest on Report L-97-56, because he has
a contract with the Casino.
PRESENTARONS
Rotary Club of Niagara Falls (Sunrise)
Paul Monaghan, Director of Community Services, Rotary Club of Niagara Falls
(Sunrise) provided background info,,ation on the Club and referred to the two major
fundraisers, Art By the Falls and the T.V. Auction; discussed their involvement in the
human, community and environmental development; and advised that the focus of the
Club was on those with special needs and challenges and Niagare's Youth. Mr.
Monaghan presented a cheque in the amount of $4,300.00 as the Rotary Club's donation
towards the purchase of a Thermal Imaging Camere for the Fire Department.
His Worship Mayor Thomson and Chief Corfield expressed their appreciation on
behalf of the City and the Fire Department for the donation.
Following the presentation, it was ORDERED on the motion of Alderman
Hendershot, seconded by AIderman Cummings, that Report FD-97-06- Thermal Camera
Purchase dealt with in Community Services Committee be brought forward. Carried
Unanimously.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the purchase of a Thermal Imaging Camera for the Fire Department, from MSA, be
approved at a cost of $20,800. O0 plus taxes. Carried Unanimously.
Arts & Culture Commission
Bill Haskin, Chair, Aris & Culture Commission advised that Mr. Allister Young,
owner of a crimson 1929 Model A Ford hay decided to help out the Arts & Culture
Commission by loaning the car for the Bloss, >m Festival Parade and subsequently had
decided to donate the vehicle. He further advi:;ed that the Commission would be raffling
off the car on August 31, 1997 at Cummingto~7 Square with monies going towards a
scholarship fund for aspiring students enrollin~l in the arts.
His Worship Mayor Thomson prasen~ed a token of appreciation to Mr. Allister
Young in recognition of his community spiri~ and donation to the City's Arts & Culture
Commission.
DEPUTATIONS
Queen Street Policing
His Worship Mayor Thomson advised that due to ongoing legal actions, Inspector
Peter Gill would be attending the next Counc;~ meeting and that any interested persons
would be invited to attend.
COMMUNICATIONS
Communication No. 187 - The Corporation of the City of Chatham - Re:
Reprasentation on Municipally Funded Boards and Commissions. The communication
requests Council support a resolution requesting that the Government of Ontario be
petitioned to ensure that any Board, Commission or other body funded by a municipality
have elected representation and that such rapresentation be in direct proportion to the
extent of funding provided.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that
the raquest be supported. Carried Unanimously.
Communication No. 188 - The Corporetion of the City of Chatham - Re: Female
Toplessness. The communication requests that Council support a resolution to reflect our
community's displeasure and opposition to the decision, and to petition the Government
of Canada to take the apprepriate action to clearly establish and define conduct which is
acceptable to society and in keeping with community standards.
ORDERED on the motion of AIdei~iian Hendershot, seconded by Alderman Cummings,
that the request be supported. Carried Unanimously.
Alderman Orr left the meeting.
Communication No. 189 - Angela Al~eri-Maiolo, R.N., B. Sc.N. Public Health
Department- Re: Niagara Falls Heart Health ProjecL The communication requests that
Council formally appoint a member of City Council to work with the Region on this projecL
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that Alderman Victor Pietrangelo be appointed as the City's representative to this project.
Carried Unanimously.
Communication 190 - Mr. Gordon Pomerantz, Uniform Sportswear- Re: City Crest
for Blue Blazers for sale to the public. The communication requests permission to produce
a sample for the approval of Council.
ORDERED on the motion of Alderman Cummings, seconded by Aldeiiiian Craitor, that the
request be denied as it does not conform to established policy. Carried Unanimously.
Communication No. 191 - Downtown Board of Niagara Falls - Re: Queen Street
MusicfesL The communication requests Council consideration to waive the Road Closure
fee for the Queen Street Musicfest event on July 19, 1997.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
request be approved subject to established policy. Canfed Unanimously.
Communication No. 192 - Sam Yagar and Hank Sokolowski - Re: City owned lots on
Bridgewater Street between Sophia & Greenwood Streets (Lots 72, 74, 76 and 78). The
communication requests Council permission to purchase two of the aforementioned lots
to construct homes for themselves, or a~ four lots.
ORDERED on the motion Alderman Fisher, seconded by Alderman Susin, that the matter
be referred to staff. Canfed Unanimously.
Communication No. 193 - City of St. Catharines, Corporate Support Services
Department - Final Results of the Trustee Dete,,ination and Distribution for The English-
Language Public District Board #22 (formerly Lincoln County and Niagara South).
ORDERED on the motion of AIdefi,an Hendershot, seconded by Alderman Susin, that the
matter be looked into and that an appeal be filed. The motion Canfed with Alderman
Janvary abstaining from the vote on a conflict of interest, because she is employed by the
School Board.
Alderman O~ retumed ~ ~e meeting.
REPORTS
RA TIFICA TION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that
the actions taken on the following matters by Community Services Committee, earlier this
evening, be appreved:
1. Adoption of the July 7, 1997 Community Services Committee Meeting minutes;
FD-97-05 - Ambulance Service Update - that information be received on ambulance
service; and that the Fire Chief report back on the possibility of a Technical or
Steering Committee being set up, upon which he would represent the City;
FD-97-07 - CAFC Conference - that the Fire Chief attend the Annual Canadian
Association of Fire Chiefs' Conference, to be held in St. John, New Brunswick, July
31 - Aug. 5, 1997, at a cost of $881.79;
- 4-
FD-97-08 - Bill 84 - Fire Protection & Prevention Act - that information be received
on Bill 84 - Fire Protection and Prevention Act Update - Aldefinan Susin conflict of
interest;
R-97-39 - Winter Ice Schedule for Municipal Arenas - that the schedules for Special
Events and Regular Use of Winter Ice for the 1997-98 season be approved;
R-97-40 - Feasibility Study for Community Recreation Facilities in the City of
Niagara Falls - Community Swimming Pool and a New YMCA - that a public
meeting to share the findings and recommendations of the draft feasibility study, on
a community swimming pool and a new YMCA, be held on Tuesday, September 9,
1997 at 7:30 p.m. at the Niagara Falls Public Library, 4848 Victoria Avenue;
R-97-43 - Current Status of Grass Cutting in the City of Niagara Falls - that
information be received on the current status of grass/weed cutting in Niagara Falls;
and that a letter be forwarded to the Premier, MPP, Minister of Transportation and
appropriate stakeholder agencies requesting funding to provide an appropriate level
of sen/ice;
8. Information Item:
Redmond Heights Property - that a grant of $2,000. O0 be provided to volunteers
to hire a part-time labourer for landscaping at the Redmond Heights Property;
The motion Carried with Alderman Susin abstaining from the vote on Report FD-97-08 on
a conflict of interest previously noted and with all others voting in favour.
MW- 97-95 - Chief Administrative Officer- Re: Bridge Street Reconstruction
Consulting Services Agreement. The report recommends that the firm of Acres &
Associated Environmental Limited be retained to cam/out the design for the reconstruction
of Bridge Street, and that the by-law appearing on tonighrs Council agenda be approved.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that
the report be received and adopted. The motion Carried with Alderman Cummings
abstaining from the vote on a conflict of interest previously noted and with aft others voting
in favour.
See By-law No. 97-151
R-97-36 - Chief Administrative Officer- Re: Tender TR8-97 - Supply & Installation Of
Fencing for Various Parks. The report recommends the following:
That Tender #TR8-97 for the Supply & Installation of Fencing for Various parks be
shared based on low bids per item by Peninsula Fence & Landscaping Inc. of
Thorold, Ontario and Stevensville Lawn Sen/ice Inc. of Stevensville, Ontario;
2. That the By-laws appearing on this evening's agenda authorizing agreements with
Peninsula Fence & Landscaping Inc., and Stevensville Lawn Sen/ice Inc. be
approved.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the report be received and adopted. Carried Unanimously.
See By-law No. 97-153
See By-law No. 97-154
R-97-44 - Chief Administrative Officer- Re: Purchase of Plywood for a Portable Floor
for Niagara Falls Arena. The report recommends that the low bid from Penner Building
Centre in the amount of $20,479.20 for quotation #63-97 for the pumhase of 3/4" plywood
for a portable floor for Niagara Falls Arena be accepted.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and adopted. Camed Unanimously.
PD-97-76 - Chair, LACAC Committee - Re: Request to Designate Lundy House. The
report recommends the following:
That Council encourage the owner to explore all avenues for the preservation of the
Lundy House (including possible incorporation of the house into commercial
redevelopment) and allow a complete photographic and visual record of the building
with measured drawings prior to applying for a demolition permit;
That Council request, that, as part of a future commercial site plan agreement on
the lands, the developer erect a plaque in a suitable position up to a value of $5,000
which will commemorate the contribution of the Lundy family and original farm.
Mr. Rick Paquette reviewed the historic and architectural significance of the Lundy
House and requested that Council use whatever measures they can to preserve the Lundy
House.
Following the discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Fisher, that the report be received and adopted. C~rried
Unanimously.
F-97-46 - Chief Administrative Officer- Re: Claims Adjusting Services. The report
recommends that the proposal from Lindsey Morden Claim Services Limited to provide
Claims Adjusting Services, be accepted, and that a three-year agreement with Lindsey
Morden Claim Services Limited be entered into.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
the report be deferred and that an independent committee review the matter. Carried
Unanimously.
F-97-47 - Chief Administrative OfFicer - Re: Municipal Accounts. The report
recommends that Council approve the accounts totalling $1,188,672.80 for the period
ending July 21, 1997.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot,
that the report be received and adopted. The motion Carded with Aldermen Craitor,
Cummings, Janvary, Pietrangelo, and Susin abstaining from the vote on conflicts of interest
previously noted and with a~ others voting in favour.
See By-law No, 97-158
CD-97-25 - Chief Administrative Officer- Re: Special Occasion Permit, United Way
of Niagara Falls. 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 Alderman Hendershot,
that the report be received and adopted, Carried Unanimously,
L-97-50 - Chief Administrative Officer- Re: Establishment of a Daylighting Triangle
as a Public Highway- Bender Street, Part I on Reference Plan 59R-9864. The report
recommends that a daylighting triangle, described as Part 1 on Reference Plan 59R-9864,
be established as a public highway, to be known as Bender Street.
ORDERED on the motion of Alderman Volpatti, seconded by Aldeiiiian Craitor, that the
report be received and adopted. Carded Unanimously.
See By-law No. 97-156
L-97-53 - Chief Administrative Officer- Re: Sign Application-Star Traveller Inc., 5200
Robinson StreeL The report recommends that Council approve the application for a waft
sign, having an area of 1,980 square feet for Star Traveller Inc., located on the west side
of the base of the SkyIon Tower at 5200 Robinson StreeL
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings, that
the report be received and adopted. Can'fed Unanimously.
L-97-54 - Chief Administrative Officer- Re: Establishment of Road Widening as a
Public Highway- Church~ Lane, Parts 1 & 2 on Reference Plan 59R-9780. The report
recommends that a read widening, described as Parts 1 and 2 on Reference Plan 59R-
9780, be established as a public highway, to be known as Church's Lane.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the report be received and adopted. The motion Carried with Alderman Janvary
abstaining from the vote on a conflict of interest and with all others voting in favour.
See By-law No. 97-155
L-97-55 - Chief Administrative Officer- Re: Transfer of Easement to Management
Board of Cabinet Rain Water Leader Drain - Part f on Reference Plan 59R-9782, 4342
Queen StraeL The report recommends that the City of Niagara Falls authorize a Transfer
of Easement to Her Majesty the Queen in Right of Ontario as represented by the Chair of
the Management Board of Cabinet over part 1 on Reference Plan No. 59R-9782 for the
purposes of a rain water leader drain.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the
report be received and adopted. Camed Unanimously.
See By-law No. 97-157
L-97-56 - Chief Administrative Officer- Re: Casino Niagara - Request to lease City
Property. The report recommends the following:
That Council lease a portion of Parking Lot No. 2, Stanley Avenue to Casino
Niagara for the placement of one ground sign subject to the conditions set out in
Schedule "A" attached hereto;
2. That Council approve the Application for a Sign Permit by Casino Niagara as set out
in Schedule "B" attached hereto.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
report be received and adopted. The motion Carried with Aldermen Orr and Ward
abstaining from the vote on conflicts of interest previously noted and with aft others voting
in favour.
See By-law No. 97-149
L-97-57- Chief Administrative Officer- Re: Closing and Sale of Part of Swayze Drive,
Part I on Reference Plan 59R-8. The report recommends the following:
1. That Swayze Drive be established as a public highway;
That part of Swayze Drive, described as parts 4, 5 and 6 on Reference Plan 59R-
be stopped up and closed;
That the said part 6 of the road allowance, so closed, be declared surplus and
offered for sale, to the abutting owners for $3,000. 00;
That Transfers of Easements be granted to those utilities having existing easements
over the said street, prior to the transfer of land;
IIII I[ I ~ II III 111111
5. That the Mayor and Clerk be authorized to execute the said Transfer(s) of land and
Transfer(s) of Easements.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the report be received and adopted. The motion Carried with Alderman Janvary
abstaining from the vote on a conflict of interest and with all others voting in favour.
L-97-58 - Chief Administrative Officer- Re: Noise By-law. The report recommends for
the infoi~iiation of Council.
ORDERED on the motion of Alde,,an Cummings, seconded by Alderman Hendershot,
that the report be received and filed. Carried Unanimously.
RESOLUTIONS
NO. 50- HENDERSHOT- VOLPA TTI - RESOLVED that the Council of the Corporation
of the City of Niagara Falls requests an allocation of subsidy funds for public transportation
for the year 1997, in the amount of $43,000. O0 for the Capital Assistance Programme.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 51- HENDERSHOT- CUMMINGS - RESOLVED that the Council of the Corporation
of the City of Niagara Falls requests an allocation of subsidy funds for transportation for
Physically Disabled persons for the year 1997, in the amount of $1,200. 00.
AND the Seal of the Corporation be herato affixed.
Carried Unanimously
NO. 52 - HENDERSHOT- PIETRANGELO - RESOLVED that due to the Association of
Municipalities of Ontario Conference being held on August 24th to August 27th, 1997, the
meeting of Council scheduled for August 25, 1997 is heraby cancelled.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 53 - CUMMINGS - JANVARY - RESOLVED that a message of condolence be
forwarded to the family of the late Margaret Frances Fanstone, well-respected citizen of
the community and mother-in-law of Ron Yorke.
AND the Seal of the Corporation be herato affixed.
Carried Unanimously
NO. 54 - CRAITOR - CUMMINGS - RESOLVED that a message of condolence be
forwarded to the family of the late Patrick Joseph DeFoe, former General Manager and
Secretary-Treasurer for the Thorold Hydro Commission.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 55 - JANVARY- SUSIN - RESOLVED that a message of condolence be forwarded
to the family of the late Thomas Edward Albert Keep, President, Niagara Falls Optimist
Club and well-respected citizen of the community.
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 following by-laws and the by-laws be read a first time:
97-140
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking, Stopping, Parking Metres, Taxi Cab
Stands)
97-144
97-145
97-146
97-147
97-148
97-149
97-150
97-151
97-152
97-153
97-154
97-155
97-156
97-157
97-158
A by-law to authorize the execution of an agreement with Norjohn Limited
requesting the 1997 Asphalt Oveday Program - City Wide.
A by-law to authorize the execution of an agreement with Norjohn Limited
respecting surface treatment of reads.
A by-law to authorize the execution of a Parking Agreement with Ontario
Casino Corporation respecting the parking facility located on Stanley
Avenue.
A by-law to authorize the execution of a Parking Agreement with Ontario
Realty Corporation respecting 25 parking spaces randomly allocated within
Lot 3 and/or Lot 10A.
A by-law to authorize the execution of a Parking Agreement with Ontario
Realty Corporation respecting 175 parking spaces in various City parking
lots.
A by-law to authorize the execution of a Sign Agreement with Niagara
Casino Corporation respecting part of an untravelled portion of the
intersection of Bender Street and Victoria Avenue for the placement of one
ground sign.
A by-law to authorize the execution of an agreement with Totten Sims
Hubicki Associates (1991) Limited respecting a proposal for Consulting
Setvices for the Niagara Falls People Mover System Environmental
Assessment and Economic Analysis.
A by-law to authorize the execution of an agreement with Acres & Associated
Environmental respecting a proposal to CatTy OUt the design setvices for the
reconstruction and streetscaping works on Bridge Street and River Road to
Erie Avenue.
A by-law to authorize the execution of a Subdivision Agreement with River
Realty Development (~976) Inc. respecting the Mount Carme/ Two (Phase
Two) Subdivision.
A by-law to authorize the execution of an agreement with Stevensvil/e Lawn
Setvice Inc. respecting the supply and installation of fencing for various City
Parks.
A by-law to authorize the execution of an agreement with Peninsula Fence
& Landscaping Inc. respecting the supply and installation of fencing for
various City Parks.
A by-law to establish Parts ~ and 2 on Reference Plan 59R-9780 as a public
highway, to be known as and to form part of Church's Lane.
A by-law to establish Part 1 on Reference Plan 59R-9864 as a public
highway, to be known as and to fo.~i part of Bender Street.
A by-law to authorize the execution of a Transfer of Easement to Her Majesty
the Queen in Right of Ontario as Represented by the Chair of the
Management Board of Cabinet for Part ~ on Reference Plan No. 59R-9782.
A by-law to authorize monies for General Purposes (July 21, 1997).
IIII IT I II II [] 111111
The motion Ca~ed with Alderman Cummings abstaining from the vote on By-law No. 97-
151 on a conflict of interest previously noted; Aldermen Craitor, Cummings, Janvary,
Pietrangelo and Susin abstaining from the vote on By-law No. 97-158 on conflicts of
interest previously noted; Alderman Orr abstaining from the vote on By-law Nos. 97-146;
97-147; 97-148 and 97-~49 because she is employed by the Casino; Alderman Janvary
abstaining from the vote on By-law No. 97-155 on a conflict of interest previously noted;
and Alderman Ward abstaining from the vote on By-law No. 97-149 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:
97-140
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and treffic on City Roads. (Parking, Stopping, Parking Metres, Taxi Cab
Stands)
97-144
A by-law to authorize the execution of an agreement with Norjohn Limited
requesting the 1997 Asphalt Overlay Program - City Wide.
97-145
A by-law to authorize the execution of an agreement with Norjohn Limited
respecting surface treatment of roads.
97-146
A by-law to authorize the execution of a Parking Agreement with Ontario
Casino Corporation respecting the parking facility located on Stanley
Avenue.
97-147
A by-law to authorize the execution of a Parking Agreement with Ontario
Realty Corporation respecting 25 parking spaces randomly allocated within
Lot 3 and/or Lot IOA.
97-148
A by-law to authorize the execution of a Parking Agreement with Ontario
Realty Corporation respecting 175 parking spaces in various City parking
lots.
97-149
A by-law to authorize the execution of a Sign Agreement with Niagara
Casino Corporation respecting part of an untravelled portion of the
intersection of Bender Street and Victoria Avenue for the placement of one
ground sign.
97-150
A by-law to authorize the execution of an agreement with Totten Sims
Hubicki Associates (1991) Limited respecting a proposal for Consulting
Services for the Niagara Falls People Mover System Environmental
Assessment and Economic Analysis.
97-151
A by-law to authorize the execution of an agreement with Acres & Associated
Environmental respecting a proposal to carry out the design services for the
reconstruction and streetscaping works on Bridge Street and River Road to
Erie Avenue.
97-152
A by-law to authorize the execution of a Subdivision Agreement with River
Realty Development (1976) Inc. respecting the Mount Carme/ Two (Phase
Two) Subdivision.
97-153
A by-law to authorize the execution of an agreement with Stevensville Lawn
Service Inc. respecting the supply and installation of fencing for various City
Parks.
10-
97-154
A by-law to authorize the execution of an agreement with Peninsula Fence
& Landscaping Inc. respecting the supply and installation of fencing for
various City Parks.
97-155
A by-law to establish Parts 1 and 2 on Reference Plan 59R-9780 as a public
highway, to be known as and to form part of Church's Lane.
97-156
97-157
A by-law to establish Part 1 on Reference Plan 59R-9864 as a public
highway, to be known as and to form part of Bender Street.
A by-law to authorize the execution of a Transfer of Easement to Her Majesty
the Queen in Right of Ontario as Represented by the Chair of the
Management Board of Cabinet for Part 1 on Reference Plan No. 59R-9782.
97-156 A by-law to authorize monies for General Putposes (July 21, 1997).
The motion Carried with Alderman Cummings abstaining from the vote on By-law No. 97-
151 on a conflict of interest previously noted; Aldermen Creitor, Cummings, Janvary,
Pietrangelo and Susin abstaining from the vote on By-law No. 97-158 on conflicts of
interest previously noted; Alde,,,an Orr abstaining from the vote on By-law Nos. 97-146;
97-147; 97-148 and 97-149 because she is employed by the Casino; Alde~an Janvary
abstaining from the vote on By-law No. 97-155 on a conflict of interest previously noted;
and Alderman Ward abstaining from the vote on By-law No. 97-149 on a conflict of interest
previously noted and with all others voting in favour.
NEW BUSINESS
Millennium Committee
Alderman Gary Hendershot referred to correspondence received regarding the
establishment of a millennium committee to work with Niagara Falls, New York through the
Festival of Lights Committee; and declaring the Millenium as an Intemational event.
Aldeiiiian Janvary offered her services to the committee.
Following the discussion, it was ORDERED on the motion of Alderman Hendershot,
seconded by Alde,,an Craitor, to establish a committee to work with Niagara Falls New
York through the Festival of Lights and that Alderman Paisley Janvary be invited to the
committee meeting. Carried Unanimously.
Boys & Gills Club Operational Review
Alderman Victor Pietrangelo referred to the Boys & Girls Club Operational Review
and that the City would fund half the costs for the study once the review had been
completed.
ORDERED on the motion of AIde,,an Pietrangelo, seconded by Alderiiian Volpatti, that
half the funding be provided by the City toward the Boys & Girls Club Operational Review.
Canfed Unanimously.
Closing of X-Ray Department at GNGH
Alderman Selina Volpatti advised that some residents had expressed great concem
regarding a closure of the X-Ray Department at the Greater Niagara General Hospital on
a recent Saturday, which had forced patients to be driven to Niagara Falls, New York for
treatmenL
IIII IT I ~ II [] 111111
11 -
Following some discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Aldei~an Susin, that the matter be investigated and that a report be brought
back to Council. Carried Unanimously.
Oldie Wed Game
Alderman Selina Volpatti advised that Project SHARE would be hosting the Oldie
Wed Game event which was to be held on August 15, 1997, at the Skyline Brock Hotel.
Happy Birthdayl
His Worship Mayor Thomson and members of Council extended best wishes to
Alderii~an Norm Puttick on the occasion of his 67th birthday.
"No Dogs Allowed" Signage
Alderman Norm Puttick expressed concems with respect to allowing dogs in the
cemetery and various city parks and requested that staff take all the necessary action in
this regard.
Negative Comments
Alderman Pat Cummings referred to negative comments made on a Hamifiton T. V.
Station and requested that a letter be forwarded from the Mayors Office expressing
Council's concems and condemning such negative comments. Carried Unanimously.
Niagara Falls Taxi Service
His Worship Mayor Thomson informed members of Council that Niagara Falls Taxi
had started a taxi service to Niagara-on-the-Lake four times a day.
Cops for Cancer
His Worship Mayor Thomson referred to the Ontario Provincial Police campaign to
raise funds for cancer research by shaving their heads. He advised that the City has
raissed $776.00 towards the campaign and urged everyone to support this worthwhile
cause.
1111 III I ~ II III 11111
12 -
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Puttick, that
the meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
III1' I[ I I II II Illill
TWENTY-FIRST MEETING
COMMITTEE-OF- THE-WHOLE
Committee Room #2
August 11, 1997
Council met on Monday, August 11, 1997 at 6:10 p.m. in Committee-of-the-Whole.
All members of Council, were present. His Worship 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,
MAYOR WAYNE THOMSON
PLANNING MEETING
Council met on Monday, August 11,
Council Chambers
August 11, 1997
1997 at 7:00 p.m. for the purpose of
considering Planning and Regular Business Matters. All members of Council, were
present. Alderman Nor,# Puttick offered the Opening Prayer.
Prior to dealing with Council matters, His Worship Mayor Thomson welcomed and
introduced Ms. Karen Kelly, the new Assistant City Solicitor to members of Council.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Cummings indicated a pecuniary interest on Report PD-97-75, because
a member of his family is employed by Niagara Parks Commission; and indicated a
pecuniary interest on Report PD-97-81, because Acres is involved.
Aldermen Craitor and Cummings indicated pecuniary interests on Report CD-97-29,
because they are involved with organizations that operate bingos; and indicated pecuniary
interests on Report F-97-48, Cheque Nos. M91952; M91966, 231135, 231010 because
members of their families are employed by the recipient.
Alderman Craitor indicated a pecuniary interest on Report R-97-46, because he is
the Director for the charitable foundation; and indicated a pecuniary interest on Report
F-97-48, Cheque No. 231250 because a member of his family is employed by the firm.
1111 III I ~ II III 11111
AldeR~an Fisher indicated a pecuniary interest on By-law No. 97-165, because she
resides at the adjacent property.
Alderman Volpatti indicated a pecuniary interest on Report PD-97-78 because
she has a business association with the applicant.
Alderman Pietrangelo indicated a pecuniary interest on Communication No. 213,
The Lincoln County School Board and on Communication No. 226, The Metropolitan
School Board because he is employed by the Niagara South Board of Education.
Alderman Susin indicated a pecuniary interest on the presentation from the
Willoughby Volunteer Fire Department, and on Report F-97-48, Cheque Nos. 231215;
231253; 231203 and 231268, and By-law No. 97-177, because members of his family are
volunteer firerlghters; and indicated pecuniary interests on Report MW-97-97; By-Law No.
97-164 because his mother resides in the area; and on Report PD-97-75 because he
holds a mortgage in the River Road and John Street area.
Alderman Janvary indicated a pecuniary interest on By-law Nos. 97-166; 97-167;
97-168; 97-169 (Swayze Drive) because a member of her family resides next door;
Alderman Orr indicated a pecuniary interest on Report F-97-48, Cheque No.
M91971 and By-law No. 97-159 because she is employed by the Casino.
Alderman Campbell indicated pecuniary interests from the Council meeting of July
7, 1997 on Report F-97-45, Cheque No. 230474 and on Parking Committee Draft
Report, Item #8, Crossing Guard matter;, and on Report MW-97-91 - Item #5- Request for
School Crossing Guard, because he is employed by Niagara South Board of Education;
he also indicated pecuniary interests from the Council meeting of July 21, 1997 on Report
F-97-47, Cheque No. 230790 because he is employed by the School Board; and Cheque
No. 230899 because a member of his family is employed by the recipient.
Alderman Ward indicated a pecuniary interest on Report F-97-48, Cheque No.
231059 and 231201 because a family member is employed by the firm.
PRESENTATIONS
Optimist Club
His Worship Mayor Thomson presented a token of appreciation to Mr. Carl Gunn
and Mr. George Smith representatives of the Optimist Club in recognition for their
participation and the use of the Optimist Park for the Canada Day celebrations.
Alderman Kim Craitor, Chair, Canada Day Celebration spoke to Report R-97-45,
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 Alderman Cummings, that the
report be received and filed for the infori~ation of Council. Carfled Unanimously.
Aldei7iian Craitor acknowledged the Royal Canadian Legion Branch 51, Delta Monte
Carlo Bingo Hall, Wheel World and Mr. Bart Maves, M.P.P. and Mr. Ron Lowe for their
assistance during the Canada Day festivities.
IIII I1 I ~'11 III 111111
-3-
Willoughby Volunteer Fire Department
Mr. Jeff Susin, Willoughby Volunteer Fire Department thanked the City for the
granting of a loan for haft renovations at Fire Station Nol 5 and presented a cheque to the
City in the amount of $14,583. O0 in fu~ payment of the loan.
Canadian Dental Association Distinguished Service Award
His Worship Mayor Thomson provided a brfef overview of the past involvements
and accomplishments of Dr. George E. Burgman and presented a token of appreciation
in recognition of Dr. Burgman being named a recipient of the Canadian Dental Association
Distinguished Service Award, to be awarded on September20, 1997 in Ottawa.
Dr. Burgman thanked the Mayor and members of Council for the presentation.
UNFINISHED BUSINESS
PD-97-81 - Chief Administrative Officer- Re: Cytec Landfill Site Remediation Peer
Review Study; Conclusions and Recommendations. The report recommends the
following:
1)
That the Peer Review Study submitted by Acres and Associated be received and
accepted;
That the recommendations of the consultants, as detailed on pages viii to x of the
Executive Summary, be endorsed;
That a copy of the report be forwarded to the Ministry of Environment and Energy
as the City's comments on Cytec's Certificate of Approval Application.
His Worship Mayor Thomson received indication that Mr. Bruce Bennett, Acres
Project Manager was in attendance.
The Director of Planning and Development responded to concems with respect to
the rezoning of the land and the site planning process. He further referred to the
effectiveness of the capping option, the diligence of the MOEE in overseeing the
monitorfng program; the City's interest in being apprised of monitorfng reports and the need
for a contingency plan, requirYng the removal of wastes should expectations not be
realized.
Mr. Bruce Bennett responded to the concems expressed with respect to the
monitotYng and the contingency plan and advised that monitorfng would be conducted on
a quarterly basis; also that annual inspections would be carried out.
Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo,
seconded by Alderman Fisher, that the report be received and adopted; and that Council
be provided with a copy of the monitorfng report. The motion Can'fed with Alderman
Cummings abstaining from the vote on a conflict of interest previously noted and with all
others voting in favour.
Prior to dealing with further Planning matters, it was ORDERED on the motion of
Alderman Janvary, seconded by Alderman Puttick, that Report CD-97-29, Pooling of Bingo
Funds be brought forward. Ca~ed Unanimously.
CD-97-29 - Chief Administrative Officer- Re: Pooling of Bingo Funds. The report
recommends the following:
That Council impose a moratorium on the practice of pooling bingo funds in the City
of Niagara Falls until December 31, 1997 (except in the current 3:45 p.m. time slot
at the Monte Carlo Bingo Hall);
That Council direct staff to research pooling and its impact on the charities involved
and obtain comments from all stakeholders in the bingo industry;
3. That a decision on pooling of bingo funds in the City of Niagara Falls be made prior
to December 31, 1997.
ORDERED on the motion of Alderman Janvary, seconded by Aldem~an Puttick, that the
report be received and adopted. The motion Carried with Aldermen Craitor and Cummings
abstaining from the vote on conflicts of interest previously noted and with all others voting
in favour.
CURRENT PLANNING MATTERS
PD-97-74 - Chief Administrative Officer- Re: Zoning by-law Amendment Application;
AM-20/97, Keith Porritt; 5765 Montrose Road; Agent: Alan Flier. The report
recommends that Council approve the zoning by-law amendment application to permit an
office building to be constructed on the land.
- AND -
Communication No. 194 - Elizabeth Uhlig, 7642 Wayne Street. The communication
comments on the proposed zoning change and advises that if the drainage is looked after
property and the yard is fenced in, there will be no objections to having the land rezoned
and an office building erected.
- AND -
Communication No. 195- Cathy Somerville, 5759 Montrose Road. The communication
expresses opposition to the proposed amendment.
- AND -
Communication No. 196 - Regional Niagara, Planning and Development Department.
The communication advises as not being opposed to the application subject to local
planning roquiroments and that consideration be given to reducing any potential impacts
of the proposed use on adjacent residential uses, such incorporating the appropriate
setbacks and buffering.
- AND -
Communication No. 197- The Regional Municipality of Niagara, Public Works
DepartmenL The communication comments on road dedication; permits and site plan and
advises as having no objections to the rezoning by-law amendment.
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 July 11, 1997.
His Worship Mayor Thomson received indication that Mr. Chris Cristelli, was in
attendance on behalf of the applicant and received a positive 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.
IIIII I~1 [ Ill II IIIII! I
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 infom~ation provided in the Recommendation
Report PD-97-74; Planning Review and the Public Notification 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 positive
response in opposition to the application.
The Director of Planning and Development responded to concems regarding the
issue of minor variances to the by-law and building set back; landscaping, parking and
fencing matters.
Ms. Cathy Somerville, the owner of the property adjacent to the proposal,
indicated her opposition to the amendment and expressed concerns regarding "limiting the
use of the lands".
Mr. Chris Cristelli responded to concems regarding the placement of windows and
advised that the matter would be reviewed during the site plan process; and advised that
the client has agreed to site specific use of the building and that the plan has provided
proper egress and ingress from the property. He also discussed the issue of buffering of
car parking and green space.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-20/97 closed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and that the residents be included in the Site Plan Process and that
the parking requirement be reduced by three (3) spaces to allow more green space in front
of the development. Carried Unanimously.
ORDERED on the motion of Alderman Creitor, seconded by Alderman Cummings, that the
correspondence be received and filed. Carried Unanimously.
PD-97-77- Chief Administrative officer- Re; Official plan Amendment Application;
AM-fg/97, 8023 Lundy~ Lane; Agent: Chris Cristelli Associates Inc. The report
recommends that Council approve the above-noted application to permit a limited range
of office uses on the lands known as 8023 Lundy's Lane.
- AND -
Communication No. 198 - Regional Niagara, Planning and Development Department.
The report recommends that consideration be given to the City's proposed Tourism
policies in Amendment 22 and of the potential impact of the proposed use on adjacent
residential uses.
- AND -
Communication No. 199 - The Regional Municipality of Niagara, Public Works
Department. The communication comments on road widening; permits and site plan and
advises as having no objection 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 Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations on July 11, 1997.
His Worship Mayor Thomson received indication that Mr. Chris Cristelli, 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 provided in the Recommendation
Report PD-97-77; Background; Planning Review and the Public Notification 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. Chris Cristelli advised that the applicant had no objections to redesigning the
parking area and placing the parking spaces to the rear of the building.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-19/97 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the report be received and adopted along with the change in parking. Carried
Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the correspondence be received and filed. Carried Unanimously.
PD-97-78 - Chief Administrative Officer- Re: Official Plan Amendment Application;
AM-23/97, 4555 Kent Street; Agent M. Janoshak. The report recommends the following:
1)
That Council approve the application to include an establishment for building
material sales as an additional permitted use of the lands known as 4555 Kent
Street;
That the amending by-law recognize the existing front yard setback and provide
provisions for landscaping as well as establish a height limitation for outside
storage;
That the front yard and boulevard landscaping details be satisfactorily addressed
by the applicant at site plan approval stage.
- AND -
Communication No. 200- Regional Niagara, Planning and Development Department.
The communication advises as not being opposed to the application subject to local
planning requirements.
- AND -
Communication No. 201 - Altieri Building Supplies. The communication advises as
being opposed to the application, as it will have a serious effect on their business and
urges that the application be denied.
IIIII I~Ii I ill Ill IllIll
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 July 1 ~, 1997.
His Worship Mayor Thomson received indication that the applicants, Mr. Cad
Turkstra and Mr. Peter Turkstra, 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 Director of Planning and Development referred to the subject property with the
assistance of posted sketches; reviewed the information provided in the Recommendation
Report PD-97-78; Background; Planning Review and the Public Notification Process;
advised that long range plans were to provide more greening and landscaping in industrial
areas.
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.
The Director of Planning and Development responded to concems regarding
landscaping improvements through the site plan process; screening outside storage; and
the requirement of a performance bond.
Mr. Carl Turkstra that landscaping would be provided and would be conforming to
the by-law.
The Director of Planning and Development advised that outside storage was a
permitted use.
The City Clerk was requested to read the letter of objection from Altieri Building
Supplies that had been submitted to Council.
The City Solicitor advised that anyone who attempted to control, reduce or eliminate
competition could be guilty of a criminal offence.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-23/97 closed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Orr, 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 motion of Alderman Cummings, seconded by Alderman Fisher, that the
correspondence be received and filed. Carried Unanimously.
See By-law No. 97-~75
IIIII III [ ~ II gl 11111
PD-97-79 - Chief Administrative Officer- Re: Zoning By-law Amendment Application
(Revised); AM-21/97, Karen DeGiorgio (In Trust); 2674 St. Paul Avenue; Agent: Brian
Sinclair, The report recommends the following:
That Council approve the revised application to pe~it the construction of a I and
2-storey, 22-unit townhouse project;
That the development of the lands be conditional on the availability of a proper
storm sewer to service the development and the construction of a sidewalk across
the full frontage of the site.
-AND -
Communication No. 202 - Lydia & Martin Schubert, 2687 Mountaincrest Avenue. The
communication advises as being opposed to the application and comments on severel
conceros.
- AND -
Communication No. 203- Dave & Sharon Claydon, 2739 St. Paul Avenue. The
communication expresses concems regarding density; increased traffic; that the type of
proposed development was not consistent with the single family residential presently in
the area; maintenance; appearance and lighting of the proposed development; and
requests that a traffic impact study be undertaken.
- AND -
Communication No. 204 - Walter Nawrocki, 2746 St. Paul Avenue. The communication
advises as being in opposition to the application.
- AND -
Communication No. 205 - Jack Lee, 2714 St. Paul Avenue.
expresses concerns and opposition to the proposed application.
The communication
- AND -
Communication No. 206- Ross Hicks, 6159 Harvey StreeL The communication advises
as not being in support of the application until a concrete site plan is proposed.
- AND -
Communication No. 207 - Ken and Arlene King, 2675 Mountaincrest Avenue. The
communication advises as being opposed to the proposed rezoning.
- AND -
Communication No. 208 - Harry and Audrey Mottershead, 2697 Mountaincrest
Avenue. The communication advises as being opposed to the proposed application.
- AND -
Communication No. 209 - The Regional Municipality of Niagara, Public Works
Department. The communication advises as not being in opposition to the rezoning by-
law amendment; and comments on road dedication; permits; site plan; servicing and
survey evidence.
- AND -
Communication No. 210 - Joseph & Elisabeth DiCaHo, 2649 Mountaincrest Avenue.
The communication expresses concerns on the number of units in the proposal and the
height of the development.
- AND -
Communication No. 211 - Regional Niagara, Planning and Development Department.
The communication advises as not being opposed to the proposed application subject to
the requirements of the City and the Regional Public Works DepartmenL
IIIII I~ [ B II ;1 111111
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 July 11, 1997.
His Worship Mayor Thomson received indication that Mr. Brian Sinclair, was in
attendance on behalf of the applicant and received a positive 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; reviewed the information provided in the Recommendation
Report PD-97-79; and advised that the land use proposal was a compatible use, with good
landscaping and good set backs.,
Discussions were held with respect to road widening and on traffic lights being
considered at Mountain Road and St. Paul Avenue; the provision of proper storm sewers
and the possibility of inverting three of the proposed units that front onto St. Paul Avenue.
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 in
opposition to the application.
Mr. Eric Henry, 8111 Forest Glen, indicated that he was in support of the
application and that it would be an improvement to the land use and requested Councirs
support of the application.
Mr. Martin Schubert, 2687 Mountaincrest Avenue advised that he had initially
been opposed to the application, but that he was in favour of the proposed amendment;
he requested that consideration be given to the grading of the property during construction
to accommodate spring runoff,' and requested that existing fencing be replaced; and that
he be included in the site planning process.
The Director of Municipal Works advised that the matter of drainage problems would
be looked into and that corrective action would be taken.
Mr. Ross Hicks, 6159 Harvey Street advised that he now looked forward to the
project.
Mr. Jack Lee, 2714 St. Paul Avenue, expressed his opposition to the proposal;
and to the high density; increased traffic volume; snow accumulation. He indicated that
he would like the area to remain commercial and industrial.
Mr. Francis Perena, 6253 Moretta Drive, expressed traffic concems in the area
and would like to be involved in the site plan process.
Mr. Brian Sinclair commented that he was willing to work with the neighbours and
that their concems would be included in the site plan process.
During the discussion, it was suggested that the Region reassess the traffic lights
at Mountain Road and SL Paul Avenue.
IIIII III I ~ II III BIll
- 10-
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-21/97 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman On', that the
report be received and adopted and that input be provided by the residents in the site plan
process; and further, that the Region reassess the traffic lights at Mountain Road and St.
Paul Avenue. Carded Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman On', that the
correspondence be received and filed. Carded Unanimously.
PD-97-75- Chief Administrative Officer- Re: Official Plan Amendment Application;
AM-22/97, Niagara Parks Commission; Building Height Policies; Agent: Thomas A.
Richardson c/o Sullivan, Mahoney. The report recommends the following:
That Council deny the Official Plan Amendment application submitted by the
Niagara Parks Commission to adopt policies which will regulate building heights
throughout the City's tourism districts;
That Council recon~rm its position that the matter of building heights be studied in
greater detail as part of the Tourist Area Development Strategy presently underyvay.
- AND -
Communication No. 2f2 - Niagara Clifton Group. The communication comments on
the building height restrictions.
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 by
publication in the Niagara Falls Review on July 12, 1997.
His Worship Mayor Thomson received indication that Mr. Tom Richardson, 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 advised that the purpose of the meeting
was to consider a proposed official plan amendment by the Niagara Parks Commission to
Official Plan Amendment No. 22; he advised that the Niagara Parks Commission wished
that Council add to the policy to apply to the Central district to regulate building heights
overlooking Queen Victoria Park. He further advised that Council had taken the position
that OPA No. 22 not address the matter of building heights as the matter required more
detailed study; he suggested that approval of the amendment would be premature before
the Tourist Area Development Strategy Study was completed.
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.
IIIII li~i I B II I~ IIIII!
-11
Mr. Stewart Ellis, Solicitor for the SkyIon organization, expressed opposition to the
application and requested that Council reject the Niagara Parks Commission application.
Mr. Ellis referred to the proposed HOCO and Sky/on developments; discussed the Niagara
Parks Commission mandate; and suggested that all stakeholders, the Niagara Parks
Commission and the City sit down and try to resolve their differences.
Mr. Harry Oakes, HOCO, commented on the Niagara Parks Commission's
application; the issue of height and the setback requirements. He provided background
information with respect to the HOCO application and expressed support of staff.s
recommendations.
Mr. Dudley Burland, on behalf of Niagara Clifton Group expressed concems
regarding building height restrictions and that they would be effected by the regulations
with respect to the development on the north side of Clifton Hill, adjacent to the Casino
Tower and the Brock and Foxhead Hotels and requested that they be included in the
process.
Mr. Tom Richardson, Solicitor, Niagara Parks Commission, provided background
information on the Niagara Parks Commission policies; he indicated that the City does not
have an Official Plan nor policies that will guide the City and that the municipality needs
to have policies in place. He advised that the Region would be considering a staff report
at irs Planning Committee meeting that would address OPA #17. He indicated that
Regional staff were recommending a compromise, and that the City needs further time to
complete it's studies; that the Parks Commission needs the City's assurance that any
rezonings in the interim for buildings would have full public review and an opportunity for
discussion through an OIT~cial Plan amendment procedure; and advised that he would be
prepared to recommend the compromise to the Niagara Parks Commission and requested
that Council consider and adopt the compromise for submission to the Regional Planning
Committee.
The Chief Administrative Officer advised that he had attempted to have a meeting
between the City, Mr. Oakes and his representatives, the Sky/on group and the Niagara
Parks Commission, with the assistance of Mr. Bart Maves and that the Niagara Parks
Commission had indicated they were not comfortable with the meeting taking place.
Mr. Richardson advised that if there was a possibility for further discussion, he
would recommend it to the Niagara Parks Commission.
The Director of Planning and Development responded to questions regarding the
completion date of the study and advised that the completion date for the study would be
the latter part of this year.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-22/97 closed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman OfT, that the report
be received and adopted. The motion Carried with Alde..en Cummings and Susin
abstaining from the vote on conflicts of interast previously noted and with all others voting
in favour.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that
Planning staff oppose the decision at the Regional meeting to be held on August 13, 1997.
The motion Carded with Aldermen Cummings and Susin abstaining from the vote on
conflicts of interest and with all others voting in favour.
ORDERED on the motion of Alderman Volpatti, seconded by A/den'nan Fisher, that the
Chief Administrative Officer set up a meeting with the proponents, the City and the Niagara
Parks Commission. The motion Carried with Aldermen Cummings and Susin abstaining
from the vote on conflicts of interest and with all others voting in favour.
IIIII IIi I I II III 11111
-12-
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
communication be received and flied. Carried Unanimous/J/.
PD-97-80 - Chief Administrative Officer- Re: Requests for Extension to Draft Plan
Approval; Ascot Woods Extension 5 (Phase 2 & 3); 26T-89038 (Revised); Ascot
Woods Extension 6, 26T-92003; Ascot Woods Limited. The report recommends the
following:
That Council resolutions supporting a one-year extension to draft plan approval for
the i) Ascot Woods Extension 5 (Phase 2 & 3) and ii) Ascot Woods Extension 6
Plans of Subdivision be adopted conditional on the applicant updating and
maintaining the appropriate subdivision signs on the properties for public
information purposes;
2. That a copy of this report and the Council resolutions be forwarded to the applicant
and the Regional Municipality of Niagara.
ORDERED on the motion of Alderman Volpatti, seconded by Alde~ii~an Janvary, that the
report be received and adopted. Canfed Unanimously.
See Resolution No. 59
See Resolution No. 60
PD-97-82 - Chief Administrative Officer- Re: Housing Monitoring Report f996;
Executive Summary. The report recommends that this report be adopted and distributed
to the Ministry of Municipal Affairs and Housing and the Regional Niagara Planning
Department, and also be made available to the public and development community.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and filed. Canfed Unanimously.
Aldermen Campbell and Ward retired from the meeting.
REGULAR COUNCIL MEETING
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that
the Minutes of the Planning Meeting of July 7, 1997 and the Minutes of the Regular Council
Meeting of July 21, 1997 be adopted. Canfed Unanimously.
COMMUNICATIONS
Communication No. 213 - Lincoln County Catholic School Board - Re: Final Results
of the Trustee Determination and Distribution for the English Language Separate District
Board #50. The communication provides the final results of the determination and
distribution along with the data and calculations by which the deteiTiiination and distribution
were made.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the
communication be received and filed. The motion Canfed with Alderman Pietrangelo
abstaining from the vote on a conflict of interest previously noted and with all others voting
in favour.
Communication No. 214 - City of Welland - Re: Planning Review Fee. The
communication requests support of a resolution petitioning the Regional Municipality of
Niagara to withdraw its Planning Review Fee of $50.00 per application for new lots being
created by consent within urban area boundaries as designated by the Regional Policy
Plan.
IIIII Igi [ B II III IIII]!
13 -
ORDERED on the motion of AldetTnan Cummings, seconded by Alderman Fisher, that the
communication be received and filed. Carried Unanimously.
Communication No. 215 - Chippawa Business Association (BIA) - Re: Donations to
Chippawa Dock Jars. The communication advises that monies had been donated to the
Chippawa BIA Dock Fund through the "Dock Fundraising Jars" and requesting that the
monies be tumed over to the Chippawa BIA by the Chippawa Business Association for the
intended use and further requesting that if the docks do not go in this year that the monies
be given to "Tender Wishes".
ORDERED on the motion of AIderfiian Fisher, seconded by Alderman Volpatti, that the
matter be referred to staff. Carried Unanimously.
Communication No. 216 - City of Toronto, Corporate Services, City Clerk~ Division -
Re: World Congress Declaration and Agenda for Action Against the Commercial Sexual
Exploitation of Children. The communication requests that Council endorse the
declaration and agenda for action which was unanimously accepted by the delegations of
119 govemments at the First Wodd Congress Against the Commemial Sexual Exploitation
of Children.
ORDERED on the motion of Alderman Creitor, seconded by Alderman Cummings, that the
request be supported. Carfled Unanimously.
Alderman Ward returned to the meeting.
Communication No. 2f7 - Niagara Falls Humane Society - Re: Proclamation. The
communication requests that Council proclaim August 16, 1997 as "National Homeless
Animals' Day".
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the
request be supported. Carfled Unanimously.
Communication No. 218 - Multiple Sclerosis Society of Canada - Re: 1997 Realtors
Ride for Charity. The communication requests that Council waive the fee for road closure
for the 1997 Realtors Ride for Charity scheduled for August 16, 1997.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
the fee for road closure for the 1997 Realtors Ride for Charity be waived. Carfled
Unanimously.
Communication No. 219 - Dr. Joanne McKinley-Molodynia, Chairperson, Man-A-Mile
Relay Race - Re: Use of Municipal Roads. The communication requests the use of
Municipal Roads for the Man-A-Mile Relay Race on October 13, 1997; and requesting that
the Mayor or his representative be present for the award presentations at Oakes Park.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the requests be supported. Carfled Unanimously.
Communication No. 220 - George Bekos - Re: Right hand turn to Bender Hill. The
communication requests a review with the appropriate Ministry staff, the possibility of re-
instituting the right hand turn from Highway 420 to Bender Hill.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, hat
the request be supported and that the Ministry of Transportation (MTO) be requested to
monitor the situation over the summer months. Carfled Unanimously
Aldeniian Campbell retumed to the meeting.
IIII Ili I B II gl 11111
- 14-
Communication No. 221 - Correspondence from Various Main Street (Chippawa)
residents - Re: City Lots, Numbered 72, 74, 76 and 78. The communication requests '~rst
right of refusal" for City lots 72, 74, 76 and 78.
ORDERED on the motion of Aldefiiian Ward, seconded by Alderman Fisher, that the
matter be referred to staff. Canfed Unanimously.
Communication No. 222- Correspondence from Mae Murray and area neighbouts -
Re: Open ditches along Montrose Board. The communication expresses safety, and
health concems regarding the open ditches in the area and requesting that the matter be
forwarded to the Region for consideration.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
the request be supported.
See Resolution No. 56
Communication No. 223 - Regional Niagara, Regional Chief Administrative Officer
and the Area Administrators - Re: Optional Methods to Complete Terms of Reference.
The communication provides infoi~iiation on the Optional Methods to Complete the Terms
of Reference and will be presented to Regional Council on August 21, 1997.
ORDERED on the motion of AIdefiiian Hendershot, seconded by Alderman Pietrangelo,
that the communication be received and filed. Canfed Unanimously.
Communication No. 224 - Bred Chatwin, 4910 Hunter Street- Re: Traffic Impact. The
communication expresses concems with regard to the traffic volume, noise levels, and of
the impact of the casino in his neighbourhood.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
matter be referred to staff and that concems expressed by Ms. Brenda Hicks ( as per the
Mayors comments) also be noted. Canfed Unanimously.
Communication No. 225 - Niagara Peninsula Canadian Hungarian Cultural Sports
Centre - Re: Hungarian Club Picnic. The communication requests that Council permit the
holding of a picnic at Montrose and Biggar Roads on August 24, 1997.
ORDERED on the motion of Alderman Susin, seconded by AIderman Cummings, that the
request be supported subject to established policy. Canfed Unanimously.
Communication No. 226 - Metropolitan Separate School Board - Re: Representation
on District School Boards: 1997 Regular Election. The communication provides
information on the final results of the determination and distribution of trustees for the
French-Language Separate District School Board #64.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
communication be received and filed. The motion Canfed with Alderman Pietrangelo
abstaining from the vote on a conflict of interest previously noted and with all others voting
in favour.
Communication No. 227 - The Royal Canadian Legion, Niagara Falls (Ont. No. 51)
Branch - Re: Proclamation. The communication requests that Council proclaim the week
of September 21st to 27th, 1997 as"Legion Week"; and further requesting permission for
a Legion Flag Raising Ceremony to be held on September22, 1997 at 9:00 a.m. in honour
of Legion Week.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
the requests be supported subject to established policy. Canfed Unanimously.
Communication No. 228 - Niagara Duty Free Shops Inc. - Re: Tourism Signage. The
communication requests Council support in requesting the Ministry of Economic
Developments, Trade & Tourism to allow Duty Free Shops the opportunity to participate
in the tourism signage program on the Province's highways,
ORDERED on the motion of AIderman Cummings, seconded by Alderman Pietrangelo, that
the request be supported. Canfed Unanimously.
See Resolution No. 57
IIIII HI: I I II B IIIII!
-15-
Communication No. 229 - Paul Hartman, Antenna & Satellite T.V. - Re: Expressing
concems regarding the state of various properties; and requesting that the site plan
agreement be enforced.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Campbell, that the
matter be referred to staff. CatTied Unanimously.
REPORTS
MW-97-97 - Chief Administrative Officer - Re: Award of Tender 97-159-97, Morden
Drive & Law Avenue Road Reconstruction. The report recommends that the unit prices
submitted by the low tenderer, Bear Construction Inc. be accepted and the by-law be
passed.
ORDERED on the motion of AIde.iian Hendershot, seconded by Alderman Orr, that the
report be received and adopted. The motion Carried with Alderman Susin abstaining from
the vote on a conflict of interest previously noted and with all others voting in favour.
See By-law No. 97-164
MW-97-98 - Chief Administrative Officer- Re: Local Improvement Works on Bridge
Street. The report recommends that the by-law appearing on tonight's Council agenda
authorizing the construction of local improvement works on Bridge Street from River Road
to approximately 50m west of Erie Avenue be passed.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report
be received and adopted. Carried Unanimously.
See By-law No. 97-163
R-97-46 - Chief Administrative Officer - Re: The Niagara District Labour Council
Charitable Foundation Jr. "B" Hockey Renewal Agreement. The report recommends
that the By-law appearing on this evening's agenda, authorizing an Agreement between
the City of Niagara Falls and Niagara Falls and District Labour Council Charitable
Foundation for Junior "B" Hockey, be approved.
ORDERED on the motion of Alderman Janvary, seconded by Alde.iian Hendershot, that
the report be received and adopted. The motion CarTfed 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. 97-176
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
the actions taken on the following matters by Corporate Services Committee, earlier this
evening, be approved:
I. Adoption of the June 23, 1997 Corporate Services Committee minutes;
F-97-48 - Municipal Accounts - that the Municipal Accounts be approved
in the amount of $8,059, 623.88 for the period ending August 11, 1997;
3. F-97-49 - 1997 Financial Update - that the report be received for info..ation;
That the Council Minutes of July 7, 1997 be amended to remove the reference
to the requirement for a further report with respect to User Fees;
5. 1998 Financial Update - that the summary be received for information;
L-97-62 - Cats - that the report be received for information and that a report
be prepared with recommendations on problem issues;
lllll I1! I I II II BIll
16 -
Tipping Fees for Shingles - that the tipping fees be waived for disposal of shingles
from renovations to 7945 Mulhem Street, Niagara Falls - Alderman Volpatti
opposed;
Correspondence from Bart Maves, M.P.P. - that a response be prepared to M.P.P.
Bart Maves° letter of August 10, 1997 requesting clarification on specific issues and
that Mr. Maves be invited to attend an upcoming Council meeting to discuss the
issues.
The motion Carried with Aldermen Craitor Cummings, Susin and Ward, abstaining from
the vote on Report F-97-48 on conflicts of interest previously noted; and Alderman Volpatti
voting contrary to the motion with respect to waiving of the tipping fees and with all others
voting in favour.
See By-law No. 97-177
M-97-01 - Mayor Wayne Thomson - ICMA (International City Managers' Association)
83rd Annual Conference. The report recommends that the Chief Administrative Officer
be authorfzed to attend the Intemational City Managers' Association Annual Conference
in Vancouver, September 14 to 17, 1997.
ORDERED on the motion of AIdeiiiian Pietrangelo, seconded by Alderman Cummings, that
the report be received and adopted. Canfed Unanimously.
CD-97-26 - Chief Administrative Officer- Re: Reduction & Refund of Taxes, Section
443 of the Municipal Act; 1) 5195 Magdalen SL, 27 25 030 003 08500 0000; 2) 5195
Magdalen SL, 27 25 030 003 08500 0010; 3) 3269 Portage Rd., 27 25 040 002 11100
0000; 4)8627 Lundy~ Lane, 27 25 100 005 04400 0000; 5) 8675 Montrose Rd. S., 27
25 110 002 12400 0000; 6) 8675 Montrose Rd. S., 27 25 110 002 12400 0010; 7) 0000
Ort Rd. W.S., 27 25 130 003 22700 0000. The report recommends the following:
That a refund of taxes amounting to $1, 541.48 for the year 1994 be made to Roman
Court Inn Restaurant Limited;
That a refund of taxes amounting to $3,085. 42 for the year 1994 be made to Roman
Court Inn Restaurant Limited;
That a reduction of taxes amounting to $106.96 for the year 1995 be made to
James and Carol Sauder,'
That a refund of taxes amounting to $2,182.68 for the year 1994 be made to
Joginder Singh and Praveen Bagga;
That a reduction of taxes amounting to $1,790.05 for the year 1995 and $4,473.23
for the year 1996 be made to 516079 Ontarfo Limited c/o Jovo Bielich;
That a reduction of taxes amounting to $3,579.04 for the year 1995 and $4,336.04
for the year 1996 be made to 516079 Ontado Limited T/A Sam's Montrose Hotel;
7. That a reduction of taxes amounting to $157.62 for the year 1994 and $160.32 for
the year 1995 be made to Victor Riemland.
ORDERED on the motion of Alderman Volpatti, seconded by Aldei~iian Fisher, that the
report be received and adopted. Canfed Unanimously.
CD-97-27- Chief Administrative Officer- Re: Provincial Legislation Update. The
report recommends that the report is for the information of Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and filed. Canfed Unanimously.
IIIII I"~ [ Ill III IIIII!
17 -
CD-97-28 - Chief Administrative Officer - Re: Hours of Voting. The report recommends
that Council pass the By-law appearing on this evening's agenda.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
See By-law No. 97-160
CD-97-30 - Chief Administrative Officer- Re: Special Occasion Permit; Niagara Falls
Progressive Conservative Associations. 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 Susin, that the
report be received and adopted. Carried Unanimously.
L-97-59 - Chief Administrative Officer- Re: Authorization to Proceed with the
Closing of Buchanan Avenue Road Allowance bebveen Roberis Street and Stamford
StreeL The report recommends that Council authorize staff to proceed with the closing of
that part of Buchanan Avenue lying between Roberts Street and Stamford Street.
ORDERED on the motion of Aldeiiiian Volpatti, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
L-97-60 - Chief Administrative Officer- Re: Closing and Sale of Part of Unopened
Road Allowance; Parts 3, 7 and 10 on Reference Plan 59R-9954. The report
recommends the following:
That part of an unopened road allowance, described as Parts 3, 7 and 10 on
Reference Plan 59R-9954, be stopped up and closed;
That the said parts, so closed, be declared surplus and offered for sale to the
abutting owner, River Realty Development (1976) Inc., for $6,444.34 per acre;
That Transfers of Easements be granted to those utilities having exiting easements
over the said road allowance, prior to the transfer of land;
4. And further, the Mayor and Clerk be authorized to execute the said Transfer(s) of
land and Transfer(s) of Easements.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
report be received and adopted. The motion Carried with Alderman Susin voting contrary
to the motion and with all others voting in favour.
See By-law No. 97-170
See By-law No. 97-171
See By-law No. 97-172
L-97-61 - Chief Administrative Officer- Re: D~4melio Agreement with the City
Building Permit - Testamentary Devise; East Side of Montrose Road. The report
recommends that the City enter into an Agreement with James Anthony D'Amelio, dated
July 24, 1997, regarding application for a Building Permit.
ORDERED on the motion of Alderman Jan vary, seconded by Alderman Volpatti, 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. 97-173
L-97-63 - Chief Administrative Officer- Re: New City of Niagara Falls Logo; File No.
97CNF000.205. The report recommends the following:
That the City of Niagara Falls adopt the logo attached hereto as Schedule '~" and
to use the said logo in the place and stead of the existing corporate logo which is
set out in Schedule "B" attached hereto;
IIIII II I B II II IIIll
18 -
That the City Solicitor be authorized to make application to the Trade-Marks Branch
of the Canadian Intellectual Property Office to have the said logo given public notice
of an official mark and to pay the proscribed fee of $300.00;
3. That an Assignment of Copyright be enterod into with Cynthia Roberts wheroby Ms.
Roberrs would assign any copyright she had in the said logo to the City for nominal
consideration.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
the report be received and adopted. Carried Unanimously.
By-law No. 97-161
RA TIFICA TION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the actions taken on the following mattera by Committee of the Whole, earlier this
evening, be approved:
That an appraisal be obtained of City-owned land of 100 acres north of Lundy's
Lane between Beechwood Road and Gamer Road;
That the Solicitor be authorized to oppose a motion brought by Northam
Investments rogarding zoning in Divisional Court and that the City Solicitor be
authorized to take all the necessary steps in that regard;
That the 120 days deadline by West Niagara Capital Corp. with rospect to the
Montrose Business Park matter be extended by 60 days and that the Mayor end
Clerk be authorized to execute any such documents in that regard;
4. That the Southend Depot on Willoughby Drive be declared surplus and offered for
sale for the period of two months.
The motion Canfed with Alderman Susin voting contrary to the motion with rospect to the
extension to the Montrose Business Park matter and with all others voting in favour.
RESOLUTIONS
NO. 56 - CUMMINGS - JANVARY- WHEREAS there exists a roadside ditch on the east
side of Montrose Road that runs from approximately Kinsman Court to Delta Drive; AND
WHEREAS the residents affected by the ditch have concems regarding safety and the
aesthetics of their properties; AND WHEREAS this stretch of Montrose Road falls under
the jurisdiction of the Regional Municipality of Niagara. NOW THEREFORE BE IT
RESOLVED THAT the Region be requested to fill in the roadside ditch.
AND the Seal of the Corporation be herato affixed.
Canfed Unanimously
NO. 57 - JANVARY- CAMPBELL - WHEREAS the downloading from the Province to
Municipalities has progressed rapidly; AND WHEREAS rolief from liability is necessary to
help offset the cost of downloading from the Province; AND WHEREAS roller from liability
for municipalities is in the greater public interest; NOW THEREFORE BE IT RESOLVED:
THAT the Promier of the Province of Ontario, the Honourable Michael Hanfs and the
Minister of Municipal Affairs, the Honourable AI Leach be requested to take such steps as
are necessary, including statutory roform , to rolieve municipalities from liability in the areas
of building inspections, occupiers liability and joint and several liability, as suggested in the
attached material. THAT all municipalities within The Regional Municipality of Niagara be
requested to endorse this resolution.
AND the Seal of the Corporation be herato affixed.
Canfed Unanimously
IIIII li}: I illIll IIII]!
19 -
NO. 58 - JANVARY- CAMPBELL - WHEREAS Ontario's Ministry of Economic
Development, Trade & Tourism has commenced an initiative to provide tourism signage
on the Province's highways; AND WHEREAS under current regulations, Duty Free Shops
are unable to participate in the program; AND WHEREAS Duty Free shops are tourist-
oriented services geared toward the travelling public, who may not be aware of the location
of these shops; AND WHEREAS toufism signage indicating the location of Duty Free
Shops will lead to revenues remaining in our City and Province; NOW THEREFORE BE
IT RESOLVED THAT the Ministry of Economic Development, Trade & Tourism be
requested to allow Duty Free Shops the opportunity to participate in the tourism signage
program on the Prevince's highways.
AND the Seal of the Corporation be hereto affixed. Carried Unanimously
NO. 59 - VOLPA TTI- JANVARY- 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 2 & 3) and that the Regional Municipality of Niagara be
so informed; conditional on the applicant updating and maintaining the appropriate
subdivision signs on the property for public information purposes.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 60 - VOLPA TTI - JANVARY- 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 6 Plans of Subdivision and that the Regional Municipality of
Niagara be so informed; conditional on the applicant updating and maintaining the
appropriate subdivision signs on the property for public information purposes.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Pietrengelo, seconded by Alderman Volpatti, that
leave be granted to introduce the following by-laws and the by-laws be read a first time:
97-159
A by-law to authorize the execution of a Sign Agreement with Niagara
Casino Corporation respecting a portion of Parking Lot No. 2, located on
Stanley Avenue for the placement of one ground sign.
97-160
A by-law to provide for hours of voting on election day and reduced hours
of voting in institutions and retirement homes.
97-161
A by-law to adopt a mark, symbol or design for The Corporation of the City
of Niagara Falls.
97-162
A by-law to amend By-law No. 87-87, as amended, being a by-law regarding
cemeteries.
97-163
A by-law to authorize the undertaking of the construction of certain works as
a local improvement under section 12 of the Local Improvement Act.
97-164
A by-law to authorize the execution of an agreement with Bear Construction
Inc. respecting road reconstruction on Morden Drive and Law Avenue.
97-165
A by-law to amend By-law No. 79-200, as amended. (AM-16/97, Chippawa
West Phase 1)
97-166
A by-law to establish Swayze Drive as a public highway. (Re: L-97-57, July
21, 1997 Council)
IIII Ill I Ill II 11111
20-
97-167
A by-law to stop up and close part ofSwayze Dt~ve, designated as parts 4,5,
and 6 on Reference Plan No. 59R-9983. (Re: L-97-57, July 21, 1997
Council)
97-168
A by-law to declare part of Swayze Drive, designated as part 6 on Reference
Plan No. 59R-9983, surplus. (Re: L-97-57, July 21, 1997 Council)
97-169
A by-law to authorize staff to offer to the abutting owners, that part of
Swayze Drive designated as Part 6 on Reference Plan No. 59R-9983. (Re:
L-97-57, July 21, 1997 Council)
97-170
A by-law to stop up and close part of an unopened road allowance between
Stamford Township Lots 13 and 28, 14 and 27 designated as parts 3, 7 and
10 on reference Plan 59R-9954. (Re: L-97-60)
97-171
A by-law to declare part of an unopened road allowance between Stamford
Township Lots 13 and 28, 14 and 27 designated as parts 3, 7 and 10 on
Reference Plan 59R-9954, surplus. (Re: L-97-60)
97-172
A by-law to authorize staff to offer to the abutting ownere, River Realty
Development (1976) Inc., forthe value of $6,444.34 per acre, that part of a
road allowance between Stamford Township Lots 13 and 28, 14 and 27
designated as parts 3, 7 and 10 on Reference Plan 59R-9954. (Re: L-97-60)
97-173
A by-law to authorize the execution of an agreement with James Anthony
D#Amelio as a condition of building permit application.
97-174
A by-law to amend By-law 79-200, as amended. (Re: AM-17/97, Walker
Community Dev. Corp.)
97-175
A by-law to amend By-law 79-200, as amended. (Re: AM-23/97, 4555 Kent
Ave. Turkstra Lumber)
97-176
A by-law to authorize the execution of an Agreement with Niagara Falls and
District Labour Council Charitable Foundation respecting the Facility
Agreement to operate the Junior 'B' Hockey Club be renewed.
97-177 A by-law to authorize monies for General Purposes (August 11, 1997)
The motion Carried with Aidelysian Orr abstaining from the vote on By-law No. 97-159 on
a conflict of interest previously noted; Alderman Susin abstaining from the vote on By-law
No. 97-164 on a conflict of interest previously noted; Alderman Fisher abstaining from the
vote on By-law No. 97-165 on a conflict of interest previously noted; Alderman Janvary
abstaining from the vote on By-law Nos. 97-166; 97-167; 97-168; 97-169 on a conflict of
interest previously noted; Alderman Susin voting contrary to the motion to By-law Nos. 97-
170; 97-171; and 97-172; Alderman Pietrangelo abstaining from the vote on By-law No.
97-173 on a conflict of interest previously noted; Alderman Volpatti abstained from the vote
on By-law No. 97-175 on a conflict of interest previously noted; Alde..an Craitor
abstaining from the vote on By-law No. 97-176 on a conflict of interest previously noted;
Aldermen Craitor, Cummings; Susin and Ward abstaining from the vote on By-law No. 97-
177 on conflicts of interest previously noted and with all others voting in favour.
ORDERED on the motion of AIde~an Pietrangelo, seconded by Alderman Volpatti, that
the following by-laws be now read a second and third time:
97-159
A by-law to authorize the execution of a Sign Agreement with Niagara
Casino
Corporation respecting a portion of Parking Lot No. 2, located on Stanley
Avenue for the placement of one ground sign.
97-160
97-161
97-162
97-163
97-164
97-165
97-166
97-167
97-168
97-169
97-170
97-171
97-172
97-173
97-174
97-175
97-176
97-177
21
A by-law to provide for hours of voting on election day and reduced hours
of voting in institutions and retirement homes.
A by-law to adopt a mark, symbol ordesign for The Corporation of the City
of Niagara Falls.
A by-law to amend By-law No. 87-87, as amended, being a by-law regarding
cemeteries.
A by-law to authorize the undertaking of the construction of certain works as
a local improvement under section 12 of the Local Improvement Act.
A by-law to authorize the execution of an agreement with Bear Construction
Inc. respecting road reconstruction on Morden Drive and Law Avenue.
A by-law to amend By-law No. 79-200, as amended. (AM-16/97, Chippawa
West Phase 1)
A by-law to establish Swayze Drive as a public highway. (Re: L-97-57, July
21, 1997 Council)
A by-law to stop up and close part of Swayze Drive, designated as parts 4, 5,
and 6 on Reference Plan No. 59R-9983. (Re: L-97-57, July 21, 1997
Council)
A by-law to declare part of Swayze Drive, designated as part 6 on Reference
Plan No. 59R-9983, surplus. (Re: L-97-57, July 21, 1997 Council)
A by-law to authorize staff to offer to the abutting owners, that part of
Swayze Drive designated as Part 6 on Reference Plan No. 59R-9983. (Re:
L-97-57, July 21, 1997 Council)
A by-law to stop up and close part of an unopened road allowance between
Stamford Township Lots 13 and 28, 14 and 27 designated as parts 3, 7 and
10 on reference Plan 59R-9954. (Re: L-97-60)
A by-law to dec/are part of an unopened road allowance between Stamford
Township Lots 13 and 28, 14 and 27 designated as parts 3, 7 and 10 on
Reference Plan 59R-9954, surplus. (Re: L-97-60)
A by-law to authorize staff to offer to the abutting owners, River Realty
Development (1976) Inc., forthe value of $6,444.34 per acre, that part of a
road allowance between Stamford Township Lots 13 and 28, 14 and 27
designated as parts 3, 7 and 10 on Reference Plan 59R-9954. (Re: L-97-60)
A by-law to authorize the execution of an agreement with James Anthony
DT~melio as a condition of building permit application.
A by-law to amend By-law 79-200, as amended. (Re: AM-17/97, Walker
Community Dev. Corp.)
A by-law to amend By-law 79-200, as amended. (Re: AM-23/97, 4555 Kent
Ave. Turkstra Lumber)
A by-law to authorize the execution of an Agreement with Niagara Falls and
District Labour Council Charitable Foundation respecting the Facility
Agreement to operate the Junior "B' Hockey Club be renewed.
A by-law to authorize monies for General Purposes (August 11, 1997)
IIII1: I1! I [ II III 11111
22 -
The motion Carried with Alderman Orr abstaining from the vote on By-law No. 97-159 on
a conflict of interest previously noted; Alderman Susin abstaining from the vote on By-law
No. 97-164 on a conflict of interest previously noted; Alderman Fisher abstaining from the
vote on By-law No. 97-165 on a conflict of interest previously noted; Alderman Janvary
abstaining from the vote on By-law Nos. 97-166; 97-167; 97-168; 97-169 on a conflict of
interest previously noted; Alderman Susin voting contrary to the motion to By-law Nos. 97-
170; 97-171; and 97-172; Alderman Pietrangelo abstaining from the vote on By-law No.
97-173 on a conflict of interest previously noted; Alderman Volpatti abstained from the vote
on By-law No. 97-175 on a conflict of interest previously noted; Alderman Craitor
abstaining from the vote on By-law No. 97-176 on a conflict of interest previously noted;
Aldermen Craitor, Cummings; Susin and Ward abstaining from the vote on By-law No. 97-
177 on conflicts of interest previously noted and with all others voting in favour.
NEW BUSINESS
Police Officer of the Year
Aldei~an Pat Cummings referred to the recognition of Sgt. Carl Scott as police
officer of the year by the Niagara Regional Police Force and suggested that he be invited
to Council in recognition of his recent award.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that Sgt.
Carl Scott, be invited to an upcoming Council meeting in recognition of his
accomplishments and being presented with the Jeff Paolozzi Memorial Police Officer of the
Year Award. Carried Unanimously.
Hospital Signs - Village of Chippawa
Alde,,an Shirley Fisher referred to the issue of the lack of Hospital Signs in
Chippawa, directing visitors to the Greater Niagara Hospital in the City of Niagara Falls;
and that discussions with the hospital had indicated they were not interested in providing
signing that far removed from the hospital and were of the opinion that if the Region or the
City wished to erect signage they would have no objection, provided there is not cost to the
hospital.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Ward, that the
matter be referred to staff. Carried Unanimously.
Solicitation on Clifton Hill
Alderman Wayne Campbell referred to the issue of solicitation in the tourist areas
and the enforcement of the encumbrance by-law. He was advised by the City Solicitor
that the situation was being monitored and that charges would be laid where appropriate.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Cummings, that
a letter be forwarded to the Niagara Regional Police directing them to enforce the
encumbrance by-law in the tourist areas. Carried Unanimously.
Speedy Recovery
ORDERED on the motion of AIdeiiiian Craitor, seconded by Alderman Janvary, that best
wishes for a speedy recovery be forwarded to Frances Williams. Carried Unanimously.
IIIII I~]~ I J II Ill IIII1l
23 -
Municipal Campaign College Session
Alderman Norm Puttick referred to correspondence he had received from the
Ontario Progressive Conservative Party, advising they would be hosting a Municipal
Campaign College session on August 23, f997 and whether other Council members had
received a copy. He questioned why the Progressive Conservative govemment seemed
to be getting involved in municipal politics.
Portage Road Bridge
His Worship Mayor Thomson referred to the Portage Road Bridge over CNR
(between Stanley Ave. & Mountain Road) and advised that the bridge had sustained
additional severe damage due to another fire and that pedestrians would not be able to
use the bridge. He indicated that closing of tenders for replacement of the bridge had
been delayed for one day to allow bidders to inspect the bridge.
Drummond Road Bridge over Highway 420
His Worship Mayor Thomson advised that the Drummond Rd. Bridge over Highway
420 would be closed on Monday, August 18, 1997 from 10:00 p.m until 6:00 a.m.
Tuesday, August 19, 1997, to a/low detailed inspection of the bridge by the Ministry of
Transportation Consultant.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that
the meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
IIIII II; I B II II 11111
TWENTY-SECOND MEETING
COMMITTEE-OF- THE-WHOLE
Committee Room #2
September 8, 1997
Council met on Monday, September 8, 1997 at 6:45 p.m. in Committee-of-the-
Whole. All members of Council, were present. Alderman Gary Hendershot presided as
Chairman.
Following consideration of the items presented, the Committee-of-the-Whole rose
to report in open session.
READ AND ADOPTED,
~MSON
PLANNING MEETING
Council Chambers
September 8, 1997
Council met on Monday, September 8, 1997 at 7:00 p.m.. for the purpose of
considerfng Planning and Regular Business Matters. All members of Council, were
present. Alderman Kim Craitor offered the Opening Prayer.
DISCI OSURES OF PECUNIARY INTERESTS
Aldermen Craitor and Cummings indicated a pecuniary interest on Report F-97-51,
Cheque Nos. M91993; 231596; 231788; 231421 because members of their families are
employed by the recipient; and indicated pecuniary interests on Report Nos. CD-97-31;
CD-97-33 because they are involved with organizations that operate bingos.
Alderman Craitor indicated a pecuniary interest on Report F-97-51, Cheque
No. 231783 because he is employed by the recipienL
Alderman Campbell indicated a pecuniary interest on Report F-97-51, Cheque No.
231820 because a member of his family was employed by the recipienL
Alderman Hendershot indicated a pecuniary interest on Report F-97-51, Cheque No.
231376 because he is the recipient.
Alderman Orr indicated a pecuniary interest on Report F-97-51, Cheque No.
231715 because a family member is the recipient and on Cheque No. M91980, because
her employer has an interest; and indicated a pecuniary interest on Report L-97-65 and
By-law 97-180 because she is employed by the Casino.
Alderman Susin indicated a pecuniary interest on Report FD-97-09 from Community
Services Committee and on Report F-97-51, Cheque No. 231461 and By-law No 97-189
because members of his faimly are volunteerfirefighters; and indicted a pecuniary interest
on Report F-97-51, Cheque No. M91981 because a family member resides in the vicinity
of the contract work; and on Communication No. 252 - Enviro-Ganics, because a member
of his family resides in the area.
Alderman Volpatti indicated a pecuniary interest on Report PD-97-83, because her
husband is a member of the organization.
Alderman Ward indicated a pecuniary interest on Report F-97-51, Cheque Nos.
231463 and 231322 because he has a business interest.
PRESENTATIONS
Miss Majorette of America Competition
His Worship Mayor Thomson congratulated and presented a token of appreciation
to Marina Wais, a recent winner of the Intermediate World Solo Baton & Intermediate
World Flag Baton competition at the Miss Majorette of America competition,
f~fr~rfcfr
Terry Fox Poster Contest
Alderman Gary Hendershot informed Council that the Terry Fox Run for Cancer
Research would be held on Sunday, September 14, 1997 and invited everyone to
participate. Following his presentation, Alderman Hendershot introduced Natalie Viela,
who was the Terry Fox Poster Contest Winner. His Worship Mayor Thomson
congratulated and presented a token of appreciation to Natalie.
Gold Medal Winner for Javelin
His Worship Mayor Thomson congratulated and presented a token of appreciation
to Shane Risto, on his recent Gold medal win for javelin at the Robin Hood Games (Wodd
Championships for athletes with Cerebral Palsy).
CURRENT PLANNING MATTERS
PD-97-84 - Chief Administrative Officer- Re: Zoning By-law Amendment Application;
AM-25/97, 6693 Thorold Stone Road; DL Enterprises. The report recommends that
Council not approve the application for a temporary use by-law to establish a reta~ health
food store for a three-year period. The applicant may wish to consider alternative uses
more in keeping with the residential area such as converting the dwelling to a two-family
use.
- AND -
Communication No. 230 - Mrs. Marjorie Wincott, 6704 Thorold Stone Rd.
communication expresses strong opposition to the application.
The
Communication No. 231 - V.H. Wincott, M.D. retired, 6704 Thorold Stone Rd. The
communication expresses opposition to the application.
Communication No. 232 - Lucien & Fleurette Pare, 6704 Thorold Stone Rd. The
communication expresses traffic and safety concerns.
Communication No. 233 - Petition, headed by J. Hamilton from residents at 6704
Thorold Stone Rd. The communication advises as objecting to the application.
Communication 234 - Helene Andrews, 6704 Thorold Stone Rd. The communication
advises as being in opposition to the change from residential to commercial
Communication No. 235 - Paul Hartman Antenna & Satellite T. V. The communication
advises as not being opposed to a retail store but expresses objections to the official plan
amendment and by-law.
Communication No. 236 - Peter Colosimo, 6424 Jupiter Blvd. The communication
advises as being in opposition to the rezoning application.
Communication No. 237- Niagara Peninsula Conservation Authority. The
communication advises as having no objection to the application.
Communication No. 238 - Regional Niagara Planning & Development Department.
The communication advises as having no objection to the approval of the application.
Communication No. 239 - Niagara South Condominium Corporation f~9. The
communication expresses the following concerns: increased traffic; car lights shining into
the units; the impact of water runoff,' and fence disrepair.
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 August 8, 1997.
His Worship Mayor Thomson received indication that the applicant, Mr. Danny
Colangelo, 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; reviewed the intended land uses and advised that the
intended interim use should not be approved.
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.
-4-
Ms. Sheila Shore, a resident in the Thorold Stone Road area, advised that she was
in favour of the proposed application for a health food store.
Marjorie Wincott stated that she was opposed to the proposed health food store;
and indicated that there was no need for increased dirt, dust and commercialism in the
area.
Mr. Danny Colangelo, advised that the property had not been profitable for several
years and that he wished to establish a health food store for a three-year trial basis and
requested Council's consideration.
Helene Andrews advised that she was strongly opposed to the application as there
were enough health food stores in area; expressed concems with respect to the increased
volume of traffic and safety concems for the children in the area.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM25/97 closed.
ORDERED on the motion of AIderfiian Cummings, seconded by AIderman Janvary, that
the report be received and adopted. The motion Carded with Alderman Hendershot
abstaining from the vote on a ;on~ict of interest because a member of his family resides
adjacent to the property, and ~,ith all others voting in favour.
ORDERED on the motion of A"dennan Cummings, seconded by Alderman Ward, that the
correspondence be received .:~nd filed. Carded Unanimously.
PD-97-86 - Chief Adminis:~ative Officer- Re: Official Plan & Zoning By-law
Amendment Applications; City Files: AM-f f/96 and AM-26/97; Proposed Plan of
Subdivisions; Regional Files: 26T-95016 & 26T-97018; Upper Canada Consultants &
Beaver Valley Realty Ltd. cA~ R. G. Maves. The report recommends the following:
That Council approve!the Zoning By-law amendment application to permit the
development of the re~;~sed Beaver Valley (Extension I) Plan of subdivision;
That Council approve tf..e Official Plan and Zoning By-law amendment appfication
to pei~iiit the develop~:nt of the Beaver Valley (Extension 2) Plan of subdivision;
That the revised Beav,~;ry Valley (Extension 1) plan of subdivision be approved
subject to: (i) minor alterations to the street design and lot layout if reequired; (2) and
the conditions attacheo'as Appendix 1;
That the Beaver Valley (Extension 2) Plan of subdivision be approved subject to:
(1) minor alterations to the street design and lot layout if required; and (2) the
conditions attached as Appendix II;
That a copy of this report be sent to the Region as the City's comments on the two
plans of subdivisions.
- AND -
Communication No. 240 - Regional Niagara, Planning and Development DepartmenL
The communication advises that the proposed Official Plan amendment, which will facilitate
two draft plans of subdivision, is appropriate from a Regional Planning perspective and that
Provincial interests will be addressed through conditions of draft plan approval.
IIIII I[ I B II ~l IllEl
Communication No. 241 - Ms. Jean Grandoni, R.R. #1 Garner Road. The
communication advises as being opposed to the Official Plan Amendment to remove the
Environmental Protection designation and to the rezoning from Development Holding (DH)
to Residential Single Family 1E Density.
Communication No. 242 - Mr. Peter Grandoni, R.R. #1, 4810 Garner Road. The
communication advises as being opposed to the Official Plan and Zoning By-law
amendment and expresses various concems with respect to the filling in the upper section
of Beaverdams Creek.
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 August 8, 1997.
His Worship Mayor Thomson received indication that Mr. Richard Hodge, was in
attendance on behalf of the applicant and received a positive 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 d~smissal of the case at a future
Ontario Municipal Board hearing. ~.:
The Director of Planning and Development referred~ [o the subject property with the
assistance of posted sketches and reviewed the subdivisionplans; the ingress and egress
points; storm water detention facilities; the elimination of an environmental protection area;
There was a positive response to Mayor Thomso~'s request for comments from
persons, other than the applicant or his agent, in support of the application and a positive
response for comments in opposition to the application.
Mr. Brian Sinclair advised that they had a development (Ascot Woods) to the north
and east of the proposed application; referred to the ,.Ecologistics report which had
indicated that the area was not a significant wet/and. He further indicated that the proposal
would fill a need in Niagara Falls and that he was in full support of the proposal.
Ms. Jean Grandoni suggested that approval of ihe amendment was premature
since the Ministry of Natural Resources' position was not clear,' referred to the
preservation and rehabilitation of the watersheds; the requirement of a 15 metre buffer
on all watercourses; she further indicated that Beaver Valley Extension I did not have draft
approval and that discussions with the MNR indicated that downgrading of the wet/and had
to go through the Province; she expressed concems that the subdivision sign for
Extension 2 had just recently been put up and suggested that further discussion be held
with the developer to change the house lots and requested that the issue of drainage be
resolved.
The Director of Municipal Works responded to concems expressed and stated that
the central issue was the elimination of the opened natural watercourse as it crossed the
proposed subdivision lands and was subject to the Ministry of Natural Resources approval;
referred to the storm water management concept; assured that the storm sewer outlet from
the Hodson area, once separated would be determined through the final design of the
subdivision plan of the stoiiii water management system.
- 6 -
The Director of Planning and Development provided clarification with respect to the
posting of the subdivision sign; referred to the approval of the Official Plan Amendment
which required endorsement by the Ministry of Natural Resources and then approval by
the Region.
Mr. John Bakker, Preservation of Agricultural Lands Society (PALS) expressed
strong opposition to the Official Plan Amendment Application and expressed the view that
the proposed rezoning would permit ~ ~e destruction of the head waters of Beaverdams
Creek; that the redesignation of land '/ouldsend the wrong message to land speculators,
who would be attracted by the lure of z,cquiring land cheaply and selling at a higher price;
encouraged a renaturelization of the h~.bitat; advised that the stream was of considerable
historic significance; suggested that tha consultant's report did not spend sufficient time on
the study. Mr. Bakker requested that Council turn down the application and further that
staff look at enhancing the wetland fur ,ction of Beaverdams Creek.
Mr. Richard Hodge, respo~ded to concems regarding the storm water
management issue and the preserva[i~>n and rehabilitation of the wetland and servicing;
reviewed the Consultants report anp advised that the preliminai3, study had only
designated the size and the area req~l. imd for the project.
Since no further comments w~;re forthcoming, His Worship Mayor Thomson
declared the Public Meeting with rega,d to Applications AM-11/96 and AM-26/97
closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. The rr. otion Carried with Aldermen Cummings, Craitor,
Fisher, Hendershot, Pietrengelo, Ward and Mayor Thomson voting in favour and Aldermen
Campbell, Janvary, Orr, Puttick, Susin ~nd Volpatti voting contrary tO the motion.
ORDERED on the motion of AIdennan~Pietrangelo, seconded by Aldem~an Cummings,
that the correspondence be received ar, d filed. Carried Unanimously.
PD-97-83 - Chief Administrative Offi~a,r - Re: Comments on Regioi~al Policy Plan
Amendment No. 1'/5 - Club Italia H~using Project. The report recommends the
following:
That Council detet7iiine whether there is medt in proceeding with Club Italia's
application in its present format;
That Council determine whether a ~r.,eeting with Regional and Provincial officials to
discuss the matter would be desirable.
His Worship Mayor Thomson rece~! ,ed indication that Mr. Fred PaUl, Hynde and
Paul Planning Consultants was in attendar, ce.
Mr. Fred Paul advised that the application deals with properties that 8re outside the
urban boundaries area and suggested 'that Council look at the matter of installing a
notwithstanding clause to allow the development; and indicated that direction was needed
from Council and the Region as to whether the application had merit. Mr. Paul was of the
opinion that the area was shadowed by urban activity; that the only way thi~ project could
proceed would be through a form of development that would be considered staging and
requested Councirs support of the project.
Following some discussion, it was ORDERED on the motion of Alderman
Hendershot, seconded by Alderman Cummings, to endorse the cohcept of the
development and of bringing the entire quadrant into the service area. The motion Carried
with Alderman Volpatti abstaining from the vote on a conflict of interest previously noted
and with all others voting in favour.
IIIII II I I II gl IIIII!
PD-97-85 - Chief Administrative Officer- Re: Al~t. lication for Site Plan Approval, SPC-
16/97, 5807 Ferry Street; Proposed Park Plaz~ Hotel The report recommends that
Council approve the two site plans for the proposed Park Plaza Hotel at 5807 Ferry Street
which show the detail of the site works that are to be completed for the initial interim hotel
development and the future site works for the final second phase development to be
completed by September 30, 1999.
ORDERED on the motion of Alderman Craitor, seconded by Aldei~iian Campbell, that the
report be received and adopted. The motion Carried with Aldermen Janvary and Orr voting
contrary to the motion and with all others voting in favour.
PD-97-87 - Chief Administrative Officer- Re: Application for Site Plan Approval; SPC-
21/97, 8~.~.'t. Lundy~ Lane; Proposed47- unit expansion to the Americana Hotel The
report recommends the following:
1. That Council approve the site plan for a 47-unit expansion to the American Hotel;
2. That the Fire Access Route be included within the City's Fire Route By-law and be
approved by Council.
ORDERED on the motion of AIde,,an Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
REGULAR COUNCIL MEETING
Alderman Susin requested that the Minutes of the Council Meeting of August 11,
1997 be amended to reflect that his conflict of interest was on Cheque No. 231268.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
the Minutes of the Planning/Regular Meeting of August 11, 1997 be approved as
amended. Carried Unanimously.
DEPUTATIONS
Brock University's Radio Station
Ms. Pare Jones provided information on the launching of Brock University's radio
station CFBU - 103. 7 FM and of their program entitled "Niagara Action Beat" providing an
opportunity tq deal with community, social and political issues.
His Worship Mayor Thomson thanked Ms. Jones for her presentation and wished
the radio station much success in this endeavour.
Niagara Falls Brewing Company
Mr. Mario Criveller, Niagara Falls Brewing Company expressed concerns with
respect to tl~e possibility of the Brewers Retail and L.C.B.O. store being pe~iiiitted to open
on Sundays and holidays and of the impact on the Niagara Falls Brewing Company. He
advised that the company was a small microbrewing business that represents an
important part of the Niagara Falls economy, a non-fully-toudsm-dependent business and
that 90% of their sales had been lost due to the recent Sunday trial openings of the
Brewers Retail and the L.C.B.O. outlets. Mr. Criveller requested Council's support in
rejecting the Sunday opening of the Brewers Retail and the L.C.B.O. store.
Following some discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Hendershot, that a resolution of support in not allowing Sunday
Shopping of Brewers Retail and the Liquor Control Board of Ontario outlets in Niagara
Falls, due to the existing microbrewery in the City and further that a copy be forwarded to
our Member of Provincial Parfiament. The motion C~nfed with Aldefiiien Orr and
Pietrangelo voting contrary to the motion and with all others voting in favour.
See Resolution No. 63
Alde~iian Orr retired from the meeting due to a conflict of interest on the following
matter, because she is employed by the Casino.
Closing of Casino Shu~tle Lot #2
His Worship Mayor Thomson introduced and welcomed Mr. John Palumbo, Casino
Niagara, who referred to the proposed closing of the Casino Shuttle Lot #2. He advised
that discussions would b,=, held with interested parties in the tourist industry on the matter.
His Worship Mayer Thomson advised that there would be no change in the shuttle
service until the tentative neeting for Wednesday, September 10, 1997 was held to resolve
the matter.
COMMUNICATIONS
Communication No. 243 - Niagara Falls - Fort Erie Real Estate .t~ssociation - Re:
Proclamation. The communication requests that Council proclaim the ,.week of September
21 - 27, 1997 as "Ontario Home Week".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the request be supported subject to established policy. Canfed Unanimously.
Communication No. 244- The Royal Canadian Legion, Niagara Falls (Branch 51) - Re:
Parade. The communication requests permission to use the venue of Fairview Cemetery
in Niagara Falls to hold their annual Parede to the Unknown Soldier on Sunday,
September21, 1997 at 10:30 a.m.
ORDERED on the motion of Alderman Cummings, seconded by Alderrnan Volpatti, that
the request be supported subject to established policy. Canfed Unanim_ ousl. v.
Aldeiiiian OH reetumed ~ the meeting.
Communication No. 245 - Regional Niagara, Public Health Department - Re: Regional
Smoke-free Public Places By-law. The communication provides information on the
implementation of a Regional Smoke-Free Public Places By-law.
ORDERED on the motion of AIdefman Puttick, seconded by Alderman Hendershot, that
the Regional Smoke-Free Public Places By-law be endorsed. Canfed .~lnanimously
Communication No. 246 - Town & Country Plaza Merchant~ Association - Re: Fund
Raising EvenL The communication requests that Council grant permission to hold a fund-
raising event consisting of wine tasting at the Town & Country Plaza oni October 3, 1997
from 4:00 P.C. to 8:00 P.C. and on October 4, 1997 from 12 noon to 4:00 P.C., with
proceeds going to the United Way of Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
permission be granted subject to established policy. Carried Unanimously.
Communication No. 247 - The Chamber of Commerce Niagara Falls, Canada - Re~
Correspondence received from Mr. Bart Maves. The communication addresses the
correspondence received from Mr. Bert Maves regarding the MacDonald Commission
Report on Hydro Reform and provides comments.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot,
that the matter be referred to staff. Carried Unanimously.
Communication No. 248 - David Christopherson, MPP, Hamilton Centre - Re: Fire at
Plastimet Inc. The communication requests that Council endorse a request to the Minister
of the Environment calling for a public inquiry into the Hamilton fire at Plastimet Inc.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Volpatti, that the
request be supported. Carried Unanimously.
Communication No. 249 - Regional Niagara, Office of the Clerk - Re: Transfer of
funding and responsibility for Social Housing to the Municipalities. The communication
requests that Council support of the Region's position to reiterate its concern to the
Federal and Provincial govemments, the Association of Municipalities of Ontario and the
Advisory Council on Social Housing Reform regarding the transfer of funding and
responsibility for Social Housing to Municipalities in Ontario. ,
ORDERED on the motion of Alderman Cummings, seconded by ~lderman Pietrangelo, that
the request be supported. Car~ed Unanimously.
Communication No. 250- City of Sarnie - Re: Request for public inquiry into shooting
at Ipperwash in 1995. The communication requests that Council support a resolution
requesting the Premier Mike Harris to call for a public inquiry into the events that took place
before, during and after the shooting at Ipperwash on September 6, 1995.
ORDERED on the motion of AIdefiiian Volpatti, seconded by Alderman Cummings, that
the request be supported. Carried Unanimously.
Communication No. 251 - Petition from concerned residents from Glenview area -
Re: Relocation of Mailbox. The communication asks that Canada Post be requested to
either move the mailbox from Souvenir City on River Road to its original location or provide
a replacement at The Bluejay Grocery on Ferguson StreeL
ORDERED on the motion of Alderman Campbell, seconded by Aldeiiiian Cummings, that
the request be supported. Carried Unanimously.
See Resolution No. 62
Communication No. 252 - Ministry of Environment and Energy - Re: Enviro-Ganics
Ecological Systems Inc. - EGES* Organic Resource Recovery Facility (ORRF),
Vermicomposting and Vef~iiculture Production. The communication advises that the
Ministry is of the position that the proposed facility is exempt under Ontario Reg. 347, s3,
and that the proposed facility does not require a Certificate of Approval under s. 27 of the
Environmental Protection AcL
ORDERED on the motion of Alderman Volpatti, seconded by Alde,,an Pietrangelo, that
the correspondence be received and filed for the infori~iation of Council. The motion
Carried with Alderman Susin abstaining from the vote on a conflict of interest previously
noted and with all others voting in favour.
Communication No. 253 - Rotary Club of Niagara Falls Sunrise - Re: Art by the Falls.
The communication requests that Council recognize the Art by the Falls and Craft Show
being held on September 19, 20 and 21, 1997, as a "Community Festival".
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
that the request be supported. Carried Unanimously.
IIIII III I IIIllll Ill]!
10-
Communication No. 254 - Heart Niagara - Re: Hearts in Motion Event, The
communication requests that the East lane of the Weightman Bridge be coned off for the
use of runners and cyclists on September 21, 1997 and requesting that the fee of $400,00
be waived,
ORDERED on the motion of AIderrnan Craitor, seconded by Alderman Pietrangelo, that
the request be supported, Carried Unanimous/y,
REPORTS
MW-97-114 - Chief Administrative Officer - Re: Contract 97-161, Phase I New
Sidewalk Construction. The report recommends that the unit prices submitted by the low
tenderer, Sacco Construction Ltd. be accepted and that the by-law appearing on tonighrs
agenda be passed.
ORDERED on the motion of Alderman Susin, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimously.
See By-law No. 97-187
MW-97-115- Chief Administrative Officer- Re: External Services Agreement
Morrison Street and Dorchester Hoad, Zehrs Food Store. The report recommends that
the by-law authorizing the above 7~-Party Agreement be passed.
ORDERED on the motion of AIderr~an Cummings, seconded by Aldeiiiian Fisher, that the
report be received and adopted. Carried Unanimously.
See By-law No. 97-183
R-9747 - Chief Administrative Officer- Re: Tender 9-97, Tennis Court Resurfacing
at various Municipal Parks. The report recommends the following:
That Tender #9-97 for Tennis Court Resurfacing at various Municipal Parks, be
awarded to Co/our Court Limited of Mississauga, Ontario, at the tendered cost of
$56,389.00 (including all applicable taxes);
2. That the by-law appearing later on this evening's agenda, authorizing an Agreement
with Colour Court Limited, be approved.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
See By-law No. 97-186
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of AIdet~iian Hendershot, seconded by Alderman Cummings,
that the actions taken on the following matters by Community Services Committee, earlier
this evening, be approved:
1. Adoption of the July 21, 1997 Community Services Committee meeting minutes;
MW-97-109 - Sidewalk Locations in Subdivisions - that curb faced sidewalks be
constructed in Ascot Woods 5 Subdivision and West Meadow Extension 3
Subdivision and that sidewalk construction in Mount Cannel North Subdivision
(Bishop Avenue) be referred to staff for further consultation with residents;
MW-97-108 & MW-97-111 - Region's Interim Capacity Plan on Waste Management
- that the Region be advised of the City's position on the interim capacity plan as
follows: The Region should continue to pursue determination of the long term waste
disposal strategy, including consideration of all altematives;
11 -
FD-97-09 - Fire Dispatching Services - that Fi~e Dispatching Services be referred
to staff for further investigation;
CS-97-05 - Referendum Question - that the proposed referendum question on
Municipal Govemance be adopted for use in the November 1997 election;
BDD-97-02 - Wodd Gaming Congress & Expo - that the Manager of Business
Development attend the Wodd Gaming Congress & Expo to be held on October 14,
1997 through October 16, 1997 in Las Vegas, Nevada;
MW-97-99- Niagara Intemational Transportation Technology Coalition (NITTEC) -
that the NITTEC 1996 Annual Report be received and filed; and that authorization
be granted to renew the Memorandum of Understanding Agreement for January 1,
1998 until December 31, 1999;
MW-97-110 - Niagara Gateway Factory Outlet Mall Proposed Cost Sharing - that
the request of Consulate Developments (Niagara Gateway Factory Outlet Mall), for
cost sharing for Road Improvements and Development Charges, be denied;
MW-97-112 - Pay Assurance Clause - that the City of Niagara Falls include a
Payment Assurance Clause as part of its standard Subdivision Agreement;
10.
MW-97-113 - Storm of August 15, 1997 - Basement Flooding - that approximately
$100, 000. O0 from the Residential Flood Relief Program Budget be utilized to relieve
basement flooding problems in various areas of the City;
11. Information Items:
- Information was received regarding an article on the Environment- New Rules of
the Game; OGRA - Municipal Routes; and The Real Cost of Infrastructure Neglect;
12.
1998 Sewer Program - that a request be submitted to the MOEE for a reduction in
the 1998 Sewer Program;
13. New Business:
- Sodom Road - that the Region review Sodom Road with respect to condition of the
Road and Traffic;
- Road Rehabilitation Program - that concerns relating to road rehabilitation be
referred to the Heavy Construction Liaison Committee for review;
- Saitoh Furs - that staff report on site plan control in relation to lack ofgreenspace
at Saitoh Furs;
- Niagara Falls Arena - Pay & Display- that pay parking at the Niagara Falls Arena
be removed for the winter season.
The motion Canfed with Alderman Susin abstaining from the vote on Report FD-97-09,
because members of his family are volunteer firefighters and with all others voting in
fayour.
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of AIderman Cummings, seconded by AIderman Fisher, that the
actions taken on the following matters by Corporate Services Committee, earlier this
evening, be approved:
1. Adoption of the minutes of the August 11, 1997 Corporate Services Committee;
12 -
F-97-51 - Municipal Accounts - that the Municipal Accounts be approved in the
amount of $3,61 O, 308. 97 for the period ending September 8, 1997;
F-97-52 - Distribution of Portage Road Book- that staff be directed to investigate
the proposal from The Haunted House Press for distribution rights to the Portage
Road Book;
4. F-97-53 - C.C.I.N. Number- that the report be received for information;
Correspondence on the Rob Judge Memorial golf Toumament be received for
information;
Correspondence from the Tax Collectors Jouma/ on Bill 106 be received for
information;
7. That a grant in the amount of $1,000.00 be approved for the Niagara Falls
Gamblers Lacrosse CI~ to help defray expenses to attend the Canadian National
Championships in Victoria - Alderman Puttick opposed;
The motion Carried with AldenTlan Campbell, Craitor, Cummings, Hendershot, Orr, Susin
and Ward abstaining from the vote on Report F-97-51 on conflicts of interest previously
noted; and Alderman Puttick voting contrary to the motion with respect to the grant
approval forthe Niagara Falls Gamblers Lacrosse Club and with all others voting in favour.
See By-law No. 97-189
CD-97-31 - Chief Administrative Officer- Re: Bingo Operations in Niagara Falls;
Event Calendar Amendmen.'/AIIocation of Bingo Events. The report recommends the
following:
That the breakfast bing~ time slot, which is operated between the hours of 9:00 a.m.
and 12:00 noon, remai~ at one event per day and be included in the event calendar
as a permanent event; !
That the Friday midnight time slot, which operates every fourth Friday between the
hours of 12:00 midnight! ~ind 3:00 a.m. be cancelled after the completion of the July
to September quarter;, ,~
That the Saturday midni,q.~t time slot, which is operated between the hours of 12:00
midnight and 3:00 a.m: .~,~main at one event per day and be included in the event
calendar as a pe~ane~,t event;
That the late aftemoon t~e slot, which is operated between the hours of 3:00 P. C.
and 6:00 P.C. be cancel,'~:d after the completion of the July to September quarter,'
5. That Council approve the; process of a/location of bingo events, to commence with
the quarter beginning O~:i'ober 1, 1997 at the Delta Monte Carlo bingo hall;
6. That Council approve the a/location schedule attached to this report.
- AND - ~
CD-97-33 - Chief Administratit;~: Officer- Re: Bingo Operations in Niagara; Response
to proposals by Delta Mont~, CaHo Bingo and the Delta Monte CaHo Sponsor
Associations. The report reco~.~mends the following:
That Recommendations "~4, 5, and 6 of Report CD-97-31, titled Bingo Operations
in Niagara Falls - Even~ Calendar Amendments/Allocation of Bingo Events be
deleted and replaced by:the recommendations contained in this report;
13 -
That a six-month extension of the trial period for the late aftemoon bingos at the
Delta Monte Carlo be granted (October 1, 1997~ Mamh 3~, 1998) with a review
after 3 months and a further review at the fifth month of the trial period;
That the City of Niagara Falls, as the licensing authority, implement changes as
needed to the time slot in consultation with the Sponsor Association and the bingo
hall;
That the moratorium on pooling of bingo funds be extended until March 3~, 1998
at which time a decision will be made on the late afternoon trial period.
- AND -
Communication No. 255- Delta Monte Carlo Bingo - Re: "Go Forward" Plan for 3:30
Events at Delta Monte Carlo Bingo. The communication proposes a schedule of events
to implement more changes for success.
Communication No. 256 - Delta Monte Carlo Bingo (Sponsor Associations) - Re:
Delta Monte Carlo Bingo Sponsors Association Counter Proposal. The
communication advises that the Delta Monte Carlo Bingo Sponsors Association members
unanimously endorsed the counter proposal to Report CD-97-31.
Communication No. 257- Representatives of Charities Operating at Delta Monte
Carlo Bingo, The communication advises as being in favour of the status quo and of
being in favour of the allocation of bingo events as recommended by city staff over any
pooling operation.
Communication No. 258 - St. Francis Church. The communication expresses concems
regarding the negative effect the recommendations will have on the charitable activities of
St. Francis Church.
Communication No. 259 - The Lung Association, Niagara Region. The communication
makes the following comments: That the Lung Association and other organizations in the
proposed cancelled time slots be allowed to remain in theiBingo business after September
8, 1997; pending Council's decision, this would be in:,the current time slots or newly
reallocated time slots; that the charities' net profits from both the Bingo and ancillary events
be maximized as much as possible; and that all charities involved in Bingo operations have
fair and equitable access to Bingo events and revenue.~
Communication No. 260 - The Canadian Red Cross Society, Niagara Falls Branch.
The communication advises that the Niagara Falls Red Cross do not wish and cannot
afford to lose their afternoon bingos at the Delta Monte Carlo Bingo Hall.
Communication No. 261 - Stamford Centre Volunteer Firemen's Association. The
communication advises as strongly objecting to losing 13 weeks of Bingo prefits due to the
proposed changes and requesting that their Bingo licence be allowed to continue on a
weekly basis at the Monte Carlo Bingo Hall.
Communication No. 262 - Carol Jones, General Manager, Delta Monte Carlo Bingo.
The communication advises that she wishes to address Council on the matter.
His Worship Mayor Thomson received indications.that Mrs. Kathy McQuillan and Mr.
John den Ouden, Delta Monte Carlo Bingo Sponsors Association were in attendance to
address Council.
Mrs. Kathy McQuillan commented that the members of the Delta Monte Carlo
Bingo Sponsors Association were in favour of Recommendations ~, 2 and 3 of Report CD-
97-33; and were in favour of a permanent position on the calendar for the 3:30 bingo
event.
14~
The Lottery Licensing Co-ordinator responded that the purpose of
Recommendation No. 2 in Report CD-97-33 was to ensure that the City be party to the
decision-making along with the sponsor groups and the halls.
Mrs. McQuillan was of the opinion that it was up to the bingo sponsors association
to consider the pooling of funds.
The Lottery Licensing Co-ordinator advised that through discussions with the
Ontario Gaming Control Commission on whether it was the City's mandate to prohibit
pooling or order it, she was advised that the Commission was studying the issue and
further that it was within the City's mandate.
Mr. John den Ouden referred to the holding of the 3:30 bingo event; the ancillary
income that would be available and the issue of staffs position versus rite charities'
position on the matter.
During the discussion, the City Clerk provided clarification with resl~ect to the
changes to the program to make it more profitable and advised that staff were willing to
work with the groups to make the event more profitable on its own account.
The Lottery Licensing Co-ordinator advised that without the 6- month trial period and
without the control of a licensing authority, that any of the proposals made would not come
to pass. She further commented that the trial period had been requested to assure that
groups would move in the direction of making it a profitable bingo and not just be satisfied
with the ancillary revenue.
Following some discussion, it was ORDERED on the motion of Alderman Janvary,
seconded by Alderman Puttick, to approve Recommendations 1, 2 and 3 in Repo~ CD-97-
31; and to approve Recommendations 1,2,3,4 in Report CD-97-33. The motion was
Defeated with Alde~iiien Campbell, Fisher, Hendershot, Pietrangelo, Volpatti and Ward
voting contrary to the motion; Aldermen Janvary, Susin, Orr and Ward voting in fa~vour of
the motion; and Aldetiiien Craitor and Cummings abstaining from the vote on a coi'~flict of
interest previously noted. '
Following further discussion, it was ORDERED on the motion of Alderman
Hendershot, seconded by Alderman Volpatti, to approve Recommendations 1, 2, and 3 in
Report CD-97-31, as amended; and that Report CD-97-33, be approved wit,~ the
exception of an amendment to Item #2 "That the event calendar be modified b~ the
addition of a 3:00 p.mo - 6:00 p.m time slot forthe conduct of 1 event per day". The raption
Carried with Aldermen Campbell, Fisher, Hendershot, Pietrangelo, Volpatti and W~rd
voting in favour of the motion; Alde~iiien Janvary, Susin, Orr and Ward voting contraS! to
the motion and Aldermen Craitor and Cummings abstaining from the vote on a conflict of
interest previously noted.
CD-97-32 - Chief Administrative Officer- Re: Special Occasion Permit; Chippaw~
Villagers. 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 Ward, seconded by Alde,~an Cummings, that the
report be received and adopted. Carried Unanimously.
L-97-65 - Chief Administrative Officer - Re: Establishment of a Daylighting Triangle
as a Public Highway; Ontario Avenue; Part I on Reference Plan 59R-9865. The report
recommends that a daylighting triangle, described as part 1 on Reference Plan 59R-9865,
be established as a public highway, to be known as Ontario Avenue.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
report be received and adopted. 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.
15 -
L-97-66 - Chief Administrative Officer - Re: Establishment of One Foot Reserves as
a Public Highway, Graham Street and Harper Drive. The report recommends the
following:
That a one foot reserve, described as part 3 on Reference Plan No. 59R-6027, be
established as a public highway, to be known as Graham Street;
2. That a one foot reserve, described as Block 16 on Plan 59M-190, be established
as a public highway, to be known as Harper Drive.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
See By-law No. 97-181
See By-law No. 97-182
L-97-68 - Chief Administrative Officer- Re: Sign Application- Zehre Food Plus
Markets; ,6940 Morrison Street. The report recommends that Council approve the
application for two wall signs, having a combined area of 636 square feet for Zehrs Food
Plus Markets on the north and east elevation of the building to be constructed at 6940
Morrison StreeL
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Can'fed Unanimously.
See By-law No. 97-183
L-97-69 - Chief Administrative Officer- Re: Disposal of Lots on Bridgewater Street,
Lots 72, 74,76 and 78, Plan No. 251. The report recommends the following:
1. That Council te,,inate, with appropriate notice, any licence or lease agreements · over Lots 72,74,76 and 78 Plan No. 251;
2. ~ That the said lots be declared surplus, appraised and offered for sale, by public
., tender.
Mr. Martin Goyetche, 4081 Main Street advised that the property had been
maintained by his family for several years. He suggested that if the City decided to sell
the property, that consideration be given to the abutting home owners to have the first right
of purchase and that lots 72, 74, 76 and 78 be sold unserviced with no roads, no water and
no S..ewers.
', Discussions were held with respect to watershed problems, pollution; unopened
road allowance and the need for restrictions on the property.
The City Solicitor commented that the leases could not be terminated until March
or May of any given year and further, that the leases are for maintaining the land in a
"vacant condition ".
The Director of Community Services responded that the concems expressed had
been discussed and issues regarding cost benefits of services as opposed to "as is "; the
stability of the property needed to be addressed. He indicated that staff required further
information on the matter before a final decision could be made.
Following the discussion, it was ORDERED on the motion of Alderman Ward,
seconded by Aldeiiiian Campbell that the matter be deferred in order that staff can obtain
additional infoiiiiation and investigate the matter. Carried Unanimously.
16 -
RA TIFICA TION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the
actions taken on the following matters by Committee of the Whole, earlier this evening, be
approved:
1. That the City pay their share of the fee for Mr. Crembie's participation with respect
to the issue of building height policies and restrictions.
The motion Carried with Alderman Cummings abstaining from the vote on a conflict of
interest and with all others voting in favour.
RESOLUTIONS
NO. 61 - HENDERSHOT- PIETRANGELO - WHEREAS Canada Post relocated a mailbox
from The Bluejay Grocery at 4343 Ferguson Street to in front of Souvenir City at 4199
River Road; AND WHEREAS the residents of the area known as Glenview are upset that
the neighbourhood mailbox has been relocated to a less convenient location; AND
WHEREAS as it is appropriate that a mailbox be located where residents purchase their
stamps; NOW THEREFORE BE IT RESOLVED THAT Canada Post be requested to either
move the mailbox back to its original location or provide a replacement at Bluejay Grocery
at 4343 Ferguson StreeL
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 62 - PIETRANGELO - SUSIN- BE IT RESOLVED that the Council of the Corporation
of the City of Niagara Falls hereby recognizes the Rotary Club of Niagara Falls Sunrise
by the Falls" Art and Craft Show being held on September 19, 20, and 21, 1997 and
designates the event as a "Community Festival" in Niagara Falls.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 63 - PUTTICK- HENDERSHOT- WHEREAS the Province of Ontario allowed Sunday
opening of the Liquor Control Board of Ontario outlets and Brewers Retail outlets on a trial
basis throughout the summer months; AND WHEREAS it has been shown that these
Sunday openings, although profitable for the Liquor Control Board of Ontario and Brewers
Retail outlets, have had a substantial detrimental impact on micro brewery operations in
the Province; NOW THEREFORE BE IT RESOLVED THAT the Corporation of the City of
Niagara Falls requests the Province to not allow the opening of Liquor Control Board of
Ontario and Brewers Retail outlets in communities where micro brewery operations exisL
AND the Seal of the Corporation be hereto affixed.
The motion Carried with Aldermen Orr and Pietrangelo voting contrary to the motion and
with all others voting in favour.
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:
97-178
A by-law to amend By-law No. 79-200, as amended. (Re: AM-8/97, Janice
Cooper, 5725 Robinson Street)
97-179
A by-law to authorize the execution of an Subdivision Agreement with Ascot
Woods Ltd. respecting the Ascot Woods Extension Number 5 (Phase Two)
Subdivision.
17 -
97-180
A by-law to establish Part I on Reference P/an 59R-9865 as a public
highway, to be known as and to form part of Ontario Avenue.
97-181
A by-law to establish Part 3 on Reference Plan No. 59R-6027 as a public
highway to be known as and to form Part of Graham Street.
97-182
A by-law to establish Block 16 Plan No. 59M-~90 as a public highway to be
known as and to fo,~ part of Harper Drive.
97-183
A by-law to authorize the execution of an agreement with The Regional
Municipality of Niagara and Loblaw Properties Limited, respecting certain
developments of the lands located at the intersection of Dorchester Road
and Morrison Street.
97-184
A by-law to authorize the execution of an agreement with Berridge Lewinberg
Breenberg Dark Gabor Ltd. respecting a proposal to carry out a Tourist Area
Development Strategy Study.
97-185
A by-law to authorize the execution of an agreement with Guido Rabak and
Marie Christine Rabak, respecting the extension of the registration of the tax
arrears certificate.
97-186
A by-law to authorize an agreement with Co/our Court Limited respecting
tennis court resurfacing at various Municipal Parks.
97-187
A by-law to authorize the execution of an agreement with Sacco Construction
Limited respecting the new sidewalk construction
97-188
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.
97-189 A by-law to authorize monies for General Purposes (September 8, ~997).
The motion Carried with Alderman Orr abstaining from the vote on By-law No. 97-~80 on
a conflict of interest previously noted; and Aldermen Craitor; Campbell; Hendershot; Orr;
Susin and Ward abstaining from the vote on By-law No. 97-189 on conflicts of interest
previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the
following by-laws be now read a second and third time:
97-178
A by-law to amend By-law No. 79-200, as amended. (Re: AM-8/97, Janice
Cooper; 5725 Robinson Street)
97-179
A by-law to authorize the execution of an Subdivision Agreement with Ascot
Woods Ltd. respecting the Ascot Woods Extension Number 5 (Phase Two)
Subdivision.
97-180
A by-law to establish Part ~ on Reference Plan 59R-9865 as a public
highway, to be known as and to form part of Ontario Avenue.
97-181
A by-law to establish Part 3 on Reference Plan No. 59R-6027 as a public
highway to be known as and to form Part of Graham Street.
97-182
A by-law to establish Block 16 Plan No. 59M-190 as a public highway to be
known as and to form part of Harper Dt~ve.
18 -
97-183
A by-law to authorize the execution of an agreement with The Regional
Municipality of Niagara and Loblaw Properties Limited, respecting certain
developments of the lands located at the intersection of Dorchester Road
and Morrison Street.
97-184
A by-law to authorize the execution of an agreement with Berridge Lewinberg
Breenberg Dark Gabor Ltd. respecting a proposal to carry out a Tourist Area
Development Strategy Study.
97-185
A by-law to authorize the execution of an agreement with Guido Rabak and
Marie Christine Rabak, respecting the extension of the registration of the tax
arrears certificate.
97-186
A by-law to authorize an agreement with Colour Court Limited respecting
tennis court resurfacing at various Municipal Parks.
97-187
A by-law to authorize the execution of an agreement with Sacco Construction
Limited respecting the new sidewalk construction
97-188
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.
97-189 A by-law to authorize monies for General Purposes (September 8, 1997).
The motion Carried with Alderman Orr abstaining from the vote on By-law No. 97-180 on
a conflict of interest previously noted; and Aldermen Craitor, Campbell; Hendershot; Orr;
Susin and Ward abstaining from the vote on By-law No. 97-189 on conflicts of interest
previously noted and with all others voting in favour.
NEW BUSINESS
The Director of Corporate Services referred to his correspondence to Mr. Bart
Maves with respect to finances and downloading issues and advised members of Council
that he had provided a notice to Council indicating that Mr. Bart Maves would not be
attending the Council meeting due to his schedule regarding hearings on Bill 99.
Letter of Congratulations
Alderman Victor Pietrengelo suggested that a letter of congratulations be forwarded
to the Niagara Falls Gamblers Lacrosse Club on their recent win.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alde,,,an Volpatti, that
a letter of congratulations be forwarded to the Niagara Falls Gamblers Lacrosse Club on
their recent win as Ontario Champions. Carried Unanimously.
Book of Condolence
Alderman Fermino Susin requested that a Book of Condolence be provided for
Mother Teresa.
ORDERED on the motion of Alderman Susin, seconded by Alderman Janvary, that a Book
of Condolences be provided for the public on the recent passing of Mother Teresa and that
an ad be placed in the paper advising the public of the availability of the book for signature.
Carried Unanimously.
19 -
School Taxes
Alderman Norm Puttick addressed various concems with respect to the Prevince's
downloading; and Who Does What - he suggested that Mr. Maves be requested to attend
an upcoming Council meeting to discuss concerns and issues with respect to school
taxes.
Clean up of Weeds
Alderman Puttick discussed the clean up of weeds and indicated that the City
organize the cutting of weeds;
Business Taxes
Alderman Puttick expressed concems with respect to the issue of the BIA and the
municipality°s need for further direction on the issue of business taxes;
Roadwork
Alderman Puttick indicated the Contractor has a contract with the Province to do the
roads and that the municipalities will be billed for their share;
Gas Prices
Alderman Puttick discussed the issue of gas prices - he requested that Premier
Harris be requested to reply on what his intentions are on his recent promise to keep
gasoline prices down.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the
Premier be requested to reply on what his intentions are on his recent promise to keep
gasoline prices down. Carried Unanimously.
Community Swimming Pool Feasibility Study
Mayor Thomson provided information on a notice of a public meeting - regarding a
Community Swimming Pool Feasibility Study to be held at the Victoria Avenue Library on
September 9, 1997 from 7:30 p.m. - 9:30 p.m., and invited everyone to attend.
ORDERED on the motion of Alderman Orr, seconded by Alderman Ward, that the meeting
be adjoumed. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
IIIIII Ill r I'llll 11111
TWENTY- THIRD MEETING
COMMITTEE-OF- THE-WHOLE
Committee Room #2
September 22, 1997
Council met on Monday, September 22, 1997 at 6:30 p.m. in Committee-of-the-
Whole. All members of Council, with the exception of Alderman Volpatti, 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,
REGULAR MEETING
Council Chambers
September 22, 1997
Council met on Monday, September 22, 1997 at 7:00 p.m. for the purpose of
considering Regular Business matters. All members of Council, with the exception of
Alderman Volpatti, were presenL Alderman Bruce Ward offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of AIdemian Cummings, seconded by Alderman Craitor, that the
Minutes of the Planning/Regular Meeting of September 8, 1997 be adopted as printed.
Carried Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Cummings and Craitor indicated pecuniary interest on Report F-97-56,
Cheque Nos. 232065; M91998 and M91999 because members of their families are
employed by the recipient.
Alderman Campbell indicated a pecuniary interest on Report Fo97-56, Cheque No.
M912001 because he is the recipient.
Alderman Fisher indicated a pecuniary interest on Report PD-97-88 because she
has a business interest.
Aldermen Campbell, Janvary and Pietrangelo indicated pecuniary interests on
Communication Nos. 263 and 264 because they am employed by the School Board.
Alderman Pietrangelo indicated a pecuniary interest on Report F-97-56, Cheque
No. M91997 because he is the recipient.
Alderman Susin indicated a pecuniary interest on report F-97-56, Cheque Nos.
232149; 232921 because members of his family are volunteer firegighters.
Recognition of Civilians
PRESENTATIONS
His Worship Mayor Thomson presented a token of appreciation on behalf of
members of Council to Tim Witlick and Butch Morris, in recognition of their outstanding
courage and quick thinking in the saving of Mr. Frank Costa from the Welland River on July
31, 1997.
Police Officer of the Year
His Worship Mayor Thomson presented a token of appreciation to Sgt. Cad Scott
of the Niagara Regional Police, in recognition of being awarded the Jeff Paolozzi Memorial
Police Officer of the Year A ward.
1997 Heritage Community Recognition Program Certificate
His Worship Mayor Thomson presented the 1997 Heritage Community
Recognition Program Certificate to Mr. James W. Mitchinson in appreciation of his various
community involvements.
1997 Summer Trilllure Awards
His Worship Mayor Thomson, Alderman Janvary, Chair of the Environment Planning
and Greening Committee and Alderman Fisher, Trillium Committee, presented
the 1997 Summer Trillium Awards for Community Beaufification to the following local
winners.
Residentlab
First Place:
Second Place:
Third Place:
Award of Merit:
Cindy Skelding;
David and Avril Fioravanti;
Marlene and Jeff Smith;
Terrance Bedell;
Jennifer Druce;
Shaun and Amanda Gallagher;
Mr. and Mrs. J. Persch
Gus Orsini
Commercial/Institutional/Industrial/Multiple Dwelling Complexes
First Place:
Second Place:
Third Place:
Award of Merit:
Holiday Inn By The Falls
Falls Manor Restaurant
Hampton Inn By The Falls
Mullen Brothers Market
Lord Simcoe Apartments
His Worship Mayor Thomson congratulated everyone for their endeavours to
beautify the community.
DEPU TA TIONS
MS Super Cities Walk
Ms. Belinda Yorke, on behalf of the Multiple Sclerosis Society, provided
information on the MS Super Cities Walk that was held in April, 1997 and indicated that
the City of Niagara Falls had raised $27,021.00 for Multiple Sclerosis. She further advised
that the next MS Super Cities Walk was scheduled for April 19, 1998 when the Multiple
Sclerosis Society would be celebrating its' 50th year. Ms. Yorke presented the Mayor's
Cup Challenge Award to Mayor Thomson in recognition of Niagara Super Cities Walk for
MS Mayor's Cup Challenge presented to the top City for the fundraising efforts,
participation and support in finding a cure for MS.
His Worship Mayor Thomson thanked everyone who participated in the Walk.
COMMUNICATIONS
Communication No. 263 - Corporation of the Village of Blyth - Re: Education Tax
Campaign. The communication requests Council support a resolution to the Ontario
Government of the importance of implementing the recommendation of the Ontario Fair
Tax Commission to remove education taxes from all property including the commercial and
industrial tax base.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
request be supported and that a letter. The motion Carried with Aldermen Campbell,
Janvary and Pietrangelo abstaining from the vote on conflicts of interest previously noted
and with all others voting in favour.
Communication No. 264 - Petition headed by Mr. Carey Calder and residents near
Stamford Secondary School - Re: Increased traffic at Stamford Secondary School. The
petition expresses concems with respect to the increased traffic at the rear gate of
Stamford Secondary School
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
matter be referred to staff, the Mayor, Parking and Traffic and the Principal of the School
The motion Canfed with Aldermen Campbell, Janvary and Pietrangelo abstaining from the
vote on conflicts of interest previously noted and with all others voting in favour.
Communication No. 265 - Mr. & Mrs. David & Lorrain Hayes - Re: Low Pressure Sewer
System. The communication provides clarification with respect to the construction and
installation of a low pressure sewer system in their area of Thorold Stone Road.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the
matter be referred to staff. Carried Unanimously.
Communication No. 266 - Mr. Bruno leraci, 3145 Hyatt Crescent - Re: Restriction of
domestic animals. The communication requests an amendment to the By-law that restricts
the number of domestic animals allowed in a residential area.
Mr. Bruno leraci expressed concerns with respect to the number of rabbits being
kept by his neighbour and of the resulting offensive odours that prevent his family from
being able to enjoy any backyard activities and asked that Council consider his request to
look into the matter of amending the By-law restricting the number of domestic animals
allowed in a residential area.
IIIIllq ;[ I B II I IIIII
During the discussion, it was noted that the City Solicitor investigate the matter
dealing with the number of cats that are permitted in a residential area.
Follo~ving the discussion, it was ORDERED on the motion of Alderman Pietrengelo,
seconded b.,z Aldei~ian Fisher, that the matter be referred to staff. Carried Unanimously.
Communication No. 287 - Niagara Falls Public Library Board- Re: Casino Niagara's
Criteria for Charitable Donations. The communication requests comments or a letter of
support froIn Council in order that the Niagara Falls Public Library Board can consider
whether a) to request that the new pei7i~anent operator of Casino Niagara consider
adopting a ,?olicy, similar to Casino Rama and Casino Windsor, which would make a
public library receiving a majority of its funding from the government, eligible to receive a
donation for a special project; or b) whether to bring this matter to the attention of the
Ontario Casino Corporation.
ORDERED on the motion of Alderman Henderehot, seconded by Alderman Susin, that the
matter be referred to senior staff and Mayor for further discussions and negotiations with
the Casino Corporation when the permanent casino is chosen. The motion Carried with
Alderman Orr abstaining from the vote on a conflict of interest because she is employed
by the Casino and with a~ others voting in favour.
Communication No. 268 - Diane VanKleef - Re: Whistle Blowing at the Public Railway
Crossing. The communication requests enforcement of the City By-law No. 73-128 and
relief from whistle blowing at the public railway crossing Lundy's Lane, between
Beechwood and Gamer Road.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that
the matter be referred to staff. Carried Unanimously
Communication No. 269 - Karen Mabey, Parent at Greendale Public School - Re:
Busing cutbacks. The communication expresses concerns with respect to busing cutbacks
which has resulted in a large number of children walking along Montrose Road and poses
many safety concerns for the children.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
matter be referred to staff,' and further that the concems of parents of students in the lower
grades of Greendale Public School with respect to excessive waits for busing of these
children be referred to the School Board. The motion Carried with Aldermen Campbell,
Janvary and Pietrangelo abstaining from the vote on conflicts of interest because they are
employed by the School Board and with all others voting in favour.
REPORTS
MW-97-f23 - Chief Administrative Officer - Re: Backyard Composters. The
communication recommends that the Committee receive and file this report,
ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the
report be received and filed. Carried Unanimously.
MW-97-124 - Chief Administrative Officer - Re: Award of Tender #97-161-97, Phase
II, New Sidewalk Construction. The report recommends that the unit prices submitted
by the low tenderer, Sacco Construction Ltd., be accepted and that the by-law appearing
on tonighrs agenda be passed.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot,
that the report be received and filed. Carded Unanimously
See By-law No. 97-193
PD-97-88 - Chief Administrative Officer- Re: Subdivision Approval Authority
Municipal Procedures. The report recommends that Council adopt the procedures to
implement the municipal review and approval for draft plans of subdivision.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the report be received and adopted. The motion Carried with Alderman Fisher abstaining
from the vote on a conflict of interest previously noted and with all others voting in favour.
RA TIFICA TION CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
actions taken on the following matters by the Corporate Services Committee, earlier this
evening, be approved: .,
1. Adoption of the September 8, 1997 Corporate Services Committee minutes;
Women's Place of South Niagara Inc. - that staff honour the completion of the 1997
grant allocated to Niagara Women in Crisis and make the remaining payment
payable to Women's Place of South Niagara, Inc., and further that staff work with
the Women's Place and the Ministry to determine Provincial funding for 1998;
F-97-55 - Claims Adjusting Services - that the City of Niagara Falls enter into a one-
year agreement with Lindsey Morden Claim Services Limited for Claims Adjusting
Services and that staff review this agreement prior to its expiration date;
That the City Solicitor be authorized to settle claims against the City of Niagara Falls
up to a maximum settlement of $2,500. 00;
F-97-56 - Municipal Accounts - that the Municipal Accounts be approved in the
amount of $1,374,717.99 for the period ending September 22, 1997;
HR-97-07 - Benefit Renewal 1997-1998 - 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 Seaboard Life provider of Excess Private Duty Nursing for Fire Fighters, be
retained as our Carriers for the period September 1, 1997 to August 31, 1998;
P.W. Zabor Correspondence - Request for Relief of Tipping Fees - that tipping fees
be reimbursed in the amount of $12.00 for disposal of shingles from 8223 Stanley
Street, Niagara Falls;
8. New Business:
That the Chippawa BIA be advised, in writing, of City Council's position on the
matter of fundraising for the new Chippawa docks;
9. In-Camera Session - that an extension agreement be approved for the payment of
taxes.
The motion Carried with Aldermen Campbell, Craitor, Cummings, Susin and Pietrangelo
abstaining from the vote on Report F-97-56 on conflicts of interest previously noted and
with all others voting in favour.
See By-law No. 97-200
L-97-70 - Chief Administrative Officer - Re: Norminton Agreement with the City
Willoughby Drive, North of Marshall Road; Condition of Land Division Committee
Consent. The report recommends that Council enter into an Agreement, dated August 12,
1997, with Robert Sutcliffe Norminton and Isobel Westwater Norminton to satisfy a
condition of Land Division committee consent.
IIIIII] ir I ~ ii i iiill
ORDERED on the motion of Alderman Susin, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carded Unanimously.
See By-law No. 97-194
L-97-72 - Chief Administrative Officer - Re: Quit Claim to Margaret Deft Kelly; Rear
of 5172 Morrison Street. The report recommends that Council authorize a Quit Claim
Transfer/Deed to Margaret Dell Kelly for Part 2 on Reference Plan 59R-10024.
ORDERED on the motion of Alderman Susin, seconded by Alderman Pietrangelo, that the
report be received and adopted. Can'fed Unanimously.
See By-law No. 97-198
RA TIFICA TION OF THE COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
that the actions taken on the following matters by Committee-of-the-Whole, earlier this
evening, be approved:
That a Request for Proposals be prepared with respect to the Old Provincial Crane
Office Building;
Because of a petition received from the other vendors at Sylvia Place Market and
because of certain other allegations, that Council at their meeting of October 6,
1997 consider the following proposal - "That Mr. Gerry Van der Loos be
permanently barred from the property known as Sylvia Place Market in the City of
Niagara Falls; and further that Mr. Van der Loos be notified of the meeting and such
other persons as may be appropriate and that all persons who may have an
interest in this matter shaft be heard";
Report CS-97-08 - Community Services Operational Review -
1) That staff retain Proctor & Redfern Limited to work, as required, on a per diem
basis with city staff to evaluate Municipal service levels and develop an evaluation
model; 2) To appoint Cynthia Roberts, Recreation Supervisor, Parks, Recreation &
Culture to serve on this Committee for one year; 3) To replace
the Recreation Supervisor position in Parks, Recreation & Culture on a contract
basis dudng this review.
Carried
RESOLUTIONS
NO. 64 - HENDERSHOT- CUMMINGS - WHEREAS Canada and the United States have
the longest, undefended border in the world; AND WHEREAS the North Amedcan Free
Trade Agreement(NAFTA) has eased the passage of goods and individuals between the
two countries; AND WHEREAS Canadian citizens have historically enjoyed free entry to
the United States for as much as six months without formally applying for a visitor's visa;
AND WHEREAS U.S. Congress recently passed the Illegal Immigrant Reform and
Immigrant Responsibility Act; AND WHEREAS this Act will require all visitors, including
Canadian citizens and residents, to file formal entry and exit documents to travel to the
United States; AND WHEREAS the result of these requirements will lead to long traffic
lines leading up to the 3 Intemational bridges in Niagara Falls. NOW THEREFORE BE IT
RESOLVED THAT through our local member of Parliament, the Federal Government be
requested to pressure the United States government to exempt Canadians from the visa
requirements of the Illegal Immigrant Reform and Immigrant Responsibility Act.
AND the Seal of the Corporation be hereto affixed.
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:
97-190
A by-law to submit a question to the electors at the next regular municipal
election.
97-191
A by-law to authorize the execution of an agreement with Robert Small,
respecting the extension of the registration of the tax arrears certificate.
97-192
A by-law to authorize the execution by the Mayor and Clerk of the transfer
deed for Part 6 on Reference Plan No. 59R-9983 to 876990 Ontario Limited,
c.o. b. as Parkside Homes.(Re: Report MW-97-89)
9~193
A by-law to authorize the execution of an agreement with Sacco Construction
Limited respecting the new sidewalk construction on McLeod Road and Kalar
Road.
9~194
A by-law to authorize the execution of an agreement with Robert Sutcliffe
Norminton and Isobel Westwater Norminton for the purpose of satisfying a
condition of Land Division Committee consent.
97-195
A by-law to amend By-law No. 97-15, being a by-law for the establishing of
fees, rates and charges regarding Iicences, certificates, pubfications and
other services for the City of Niagara Falls.
9~196
A by-law to amend By-law No. 79-200, as amended. (AM-18/97, Conmed
Health Care Group)
97-197
A by-law to amend By-law No. 79-200, as amended. (Re: AM-20/97, 5765
Montrose Road)
97-198
A by-law to authorize the execution by the Mayor and Clerk of a Quit Claim
Transfer/Deed to Margaret Dell Kelly for the purpose of releasing any interest
the City may have in property at the rear of 5172 Morrison Street, being part
2 on Reference Plan No. 59R-10024.
97-199
A by-law to authorize the execution of an agreement with The Kiwanis Club
of Stamford Ontario Inc. and The Regional Municipality of Niagara
respecting permission to place benches for the convenience of citizens at
bus stops.
97-200 A by-law to authorize monies for General Purposes (September 22, 1997)
The motion Carried with Aldermen Campbell, Craitor, Cummings, Pietrangelo and Susin
abstaining from the vote on By-law No. 97-200 on conflicts 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:
9~190
A by-law to submit a question to the electors at the next regular municipal
election.
IllIll] [ I I! I] I IIIII
97-191
A by-law to authorize the execution of an agreement with Robert Small,
respecting the extension of the registration of the tax arrears certificate.
97-192
A by-law to authorize the execution by the Mayor and Clerk of the transfer
deed for Part 6 on Reference Plan No. 59R-9983 to 876990 Ontario Limited,
c.o.b. as Parkside Homes.(Re: Report MW-97-89)
97-193
A by-law to authorize the execution of an agreement with Sacco Construction
Limited respecting the new sidewalk construction on McLeod Road and Kalar
Road.
97-194
A by-law to authorize the execution of an agreement with Robert Sutc/iffe
Norminton and/sobel Westwater Norminton for the purpose of satisfying a
condition of Land Division Committee consent.
97-195
A by-law to amend By-law No. 97-15, being a by-law for the establishing of
fees, rates and charges regarding licences, certificates, publications and
other services for the City of Niagara Falls.
97-196
A by-law to amend By-law No. 79-200, as amended. (AM-18/97, Conmed
Health Care Group)
97-197
A by-law to amend By-law No. 79-200, as amended. (Re: AM-20/97, 5765
Montrose Road)
97-198
A by-law to authorize the execution by the Mayor and Clerk of a Quit C/aim
Transfer/Deed to Margaret Dell Kelly for the purpose of releasing any interest
the City may have in property at the rear of 5172 Morrison Street, being part
2 on Reference Plan No. 59R-10024.
97-199
A by-law to authorize the execution of an agreement with The Kiwanis Club
of Stamford Ontario Inc. and The Regional Municipality of Niagara
respecting permission to p/ace benches for the convenience of citizens at
bus stops.
97-200 A by-law to authorize monies for General Purposes (September 22, 1997)
The motion Carried with Aldermen Campbell, Craitor, Cummings, Pietrangelo and Susin
abstaining from the vote on By-law No. 97-200 on conflicts of interest previously noted and
with all others voting in favour.
NEWBUSINESS
Congratulationsl
His Worship Mayor Thomson extended sincere congratulations, on behalf of
members of Council to Alderman Norm Puttick and his wife Rosemary on the occasion of
their 38th wedding anniversary.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
congratulations be forwarded to Alderman Norm Puttick and his wife Rosemary on the
occasion of their 38th wedding anniversary. Carried Unanimously
Idl] I I I I I1 IIIll
Speaker of the House of Commons
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
a letter of congratulations be forwarded to the Honourable Gilbert Parant on his re-election
as Speaker of the House of Commons. Carried Unanimously.
Letter of Condolence
ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that a letter
of condolence be forwarded to the family of the late Daniel Thomas Willick on their recent
loss. Carried Unanimously.
Blue Box Replacement
Aldei~an Judy Orr requested information on the City's policy on the replacement
of Blue Boxes as she had received several complaints from concemed residents regarding
the condition of their Blue Boxes. The Director of Municipal provided a response.
Following the discussion, it was ORDERED on the motion of Alderman Orr,
seconded by Alderman Campbell, that the matter be referred to staff. Carried
Unanimously.
Lengthening of the School Year
Alderman Norm Puttick referred to various funding cuts in education; the
lengthening of the school year and of the effects this would have on the community and
on the local tourism industry.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Puttick that a
letter be forwarded to the Minister of Education, our local MPP, and the Visitor and
Convention Bureau with respect to what effects the lengthening the school year would
have on the community and on the local tourism industry. The motion Carried with
Aldermen Campbell, Janvary and Pietrangelo abstaining from the vote on conflicts of
interest because they are employed by the School Board and with all others voting in
favour.
Thorold Stone Overpass
Alderman NoRi~ Puttick remarked on the issue of costs dealing with the building of
the Thorold Stone Overpass. He requested that staff verify that plans are proceeding and
that the bridge is ready to be built. Alderman Puttick further requested that a letter of
appreciation be forwarded to Mr. John Kemahan of the Region for his involvement in the
matter.
10-
Referendum Question
Alderman Victor Pietrangelo requested further information on the referendum
question and he was advised by the City Clerk that details on the referendum question
would be provided through an upcoming ad in the newspapers.
Ride Along with a Cop Fund Raising Event
Alderman KYm Creitor congratulated Ms. Carfie Roseborough, for winning first place
in the Fourth Annual "Ride Along with A Cop" fundraising event for the United Way.
Niagara Falls Jr. B. Canucks
Alderman Kim Craitor provided information on the participation drive for season
tickets to the Niagara Falls Jr. B. Canuck games; he reviewed the incentives provided and
encouraged everyone to participate.
Happy Birthdayl
Alderman Shirley Fisher and members of Council extended best wishes to His
Worship Mayor Thomson on his upcoming birthday.
Former Union Centre
His Worship Mayor Thomson referred to the former Union Centre on Drummond
Road and Murray and advised that the building had been sold and that neighbours were
concerned this would have a negative and detrimental effect on the neighbourhood.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the
matter be referred to the Building Department and the Police Department to investigate the
matter. Carried Unanimously.
ORDERED on the motion of Alderman Pietrengelo, seconded by AIderman Fisher, that the
meeting be adjourned. Carried Unanimously
READ AND ADOPTED,
MAYOR WAYNE THOMSON
TWENTY-FOURTH MEETING
COMMITTEE-OF- THE-WHOLE
Committee Room #2
October 6, 1997
Council met on Monday, October 6, 1997 at 6:20 p.m. in Committee-of-the- Whole.
All members of Council, with the exception of Alderman Puttick, who was away on
business and Alderman Janvary, who was away due to illness, were present. Alderman
Shirley Fisher 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,
MAYOR WAYNE THOMSON
REGULAR MEETING
Council Chambers
October 6, 1997
Council met on Monday, October 6, 1997 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 business and Alderman Janvary was away due to illness, were present.
Alderman Gary Hendershot offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alde~iiian Cummings, seconded by Alderman Fisher, that the
Minutes of the Regular Meeting of September 22, 1997 be adopted as printed. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Alde,ii,an Cummings indicated a pecuniary interest on Report F-97-59, Cheque No.
232721 because Acres is involved.
Alderman Craitor indicated a pecuniary interest on Report F-97-59, Cheque No.
232673 because the recipient is his employer.
Alde~ii~en Craitor and Cummings indicated pecuniary interests on Report F-97-59,
Cheque Nos. M92025; 232458; 232337 and 232680 because members of their families
are employed by the Region.
IIIIIII '1 I r I] ! iiiii
Alderman Campbell indicated a pecuniary interest on Report F-97-59, Cheque No.
M92026 because he is employed by the School Board; indicated a pecuniary interest on
Communication No. 271, Niagara College because he is in negotiations with Niagara
College; and indicated a pecuniary interest on Communication No. 273a) because he is
a member of the Federation
Alderman Orr indicated a pecuniary interest on Report F-97-59, Cheque Nos.
232317 and 232474, because works are related to her employer.
Alderman Pietrangelo indicated a pecuniary interest on Report F-97-59, on Cheque
Nos. M92026; M2027 and on Communication No. 273a) because he is employed by the
School Board; and indicated a pecuniary interest on Report L-97-76, because a family
member has an interest in the matter.
Alderman Susin indicated a pecuniary interest on By-law No. 97-203, because he
holds a mortgage on the property in the area.
DEPUTATIONS
Project S.H.A.R.E.
Ms. Roxanne Felice, Executive Director provided info,~iiation on Project
SHARE's
Thanksgiving Food Drive commencing on October 9, 1997; distributed Project Share's
Food Bags to members of Council; and discussed the various activities that were planned
during the Food Drive.
Feasibility Study for Community Recreation Facilities
Mr. Fred Galloway, F.J. Galloway Associates Inc. reviewed the following
highlights of the Feasibility Study for Community Recreation Facilities through slide
presentations: 1) That there is no evidence to indicate that there is significant demand for
another dedicated Seniors Centre; 2) that the Chippawa area of the City of Niagara Falls
is not a preferred location; 3) that demand levels do not warrant two new indoor pools; 4)
that demand indicators suggest a new aquatics facility for Niagara Falls is supportable
either as a municipal facility or a new YMCA, but not both; 5) that the long term viability of
the Niagara Falls YMCA rests on achieving a more efficient, market focused, higher quality
facility and a capital development partnership with the City; 6) that there is limited support
for the City being the owner and operator of an indoor aquatic centre; 7) that the Niagara
Falls YMCA is the best positioned organization to be the operator of a new aquatics
facility; 8) that a stand-alone aquatics facility is the least viable choice; 9) that a location
in the Niagara Square area will result in the best overall use levels for a municipal indoor
pool or new YMCA facility; 10) that the survey of users of the City's outdoor pools clearly
indicates that there is strong local identification and ownership of these pools and that
closure would draw a very significant community response; and 11) that for the City of
Niagara Falls become involved in the development and operation of a municipal pool the
City would have to be prapared to contribute between $3,000, 000 and $5,000, 000 towards
the capital costs.
Mr. Galloway also discussed the. Strategy Altematives; Capital Cost Altematives;
Joint Venture/Partnership Strategy; New Aquatics/Multi-Use Health, Recreation and
Fitness Centre; Capital Funding; Development and Operational Model; Location; Chippawa
Outdoor Pool.
Mr. Henry Thistlewaite, Board of Directors, Family YWCA of Niagara Falls
advised that the YMCA Board were in favour of the study and supported staffs
recommendations and requested Council's approval of the report.
- AND -
Report R-97-51 - Chief Administrative Officer - Re: Feasibility Study for Community
Recreation Facilities. The report recommends the following:
1. That the above-noted Feasibility Study be approved, in principle;
That any requests fro financial funding assistance be referred to the Budget
Process;
That the Family YMCA of Niagara Falls, along with other potential partners, be
encouraged to proceed with Steps I through 3 (see page 13-1) of Section 13.0
"Implementation Program".
Following some discussion, it was ORDERED on the motion of Alderman Fisher,
seconded by Alderman Hendershot, that the report be received and adopted. Canfed
Unanimously
His Worship Mayor Thomson and Mr. Thistlewaite, thanked Ms. Sylvia Roach for
all her efforts and invovlement in the Family YMCA.
1997 Municipal Election
The City Clerk presented a Municipal Election Public Service Announcement Video,
which provided infoiiiiation on the automatic vote tabulation system in the upcoming
municipal election on November 10, 1997.
Dudng the meeting, it was ORDERED on the motion of Alderman Hendershot,
seconded by Alderman Campbell, that Report L-97-74 - Sylvia Place Market be brought
forward. Canfed Unanimously.
L-97-74, Chief Administrative Officer- Re: Sylvia Place Market; Gerard (aka Gerry)
Van Der Loos; File No. 88CNF000.008. The report recommends that Mr. Gerard Van
Der Loos be permanently barred and not be per,~itted on the lands and premises known
as Sylvia Place Market, in the City of Niagara Falls, for any reason.
His Worship Mayor Thomson received a positive response to his request for a show
of hands by persons present who were interested in the matter.
Mr. Bill Busko, a vendor at the Sylvia Place Market referred to a petition which
had been circulated to the vendors of Sylvia Place Market, expressing concems regarding
Mr. Van Der Loos's loud outbursts and of unnecessarily hollering out of low prices for
products which he did not have. Mr. Busko requested that Mr. Van Der Loos not be
pe~ii#itted back at the farmers market.
Mr. Tony Martin, Vineland, an acquaintance of Mr. Van Der Loos, spoke in support
of Mr. Van Der Loos and indicated that he did bring a number of people to the market and
that he only wished to make a living. Mr. Martin also referred to discussions he had with
the Market Clerk regarding the rental of stalls at the markeL
IIIIIII I I I I11 IIIII
Mr. David Steeles, a vendor at the Sylvia Place Market expressed his concerns
with respect to Mr. Van DerLoos' hollering out of prices for products that he did not have;
his verbal insults and of his disruptive conduct at the markeL
Mr. Frank Bowera, a vendor at the Sylvia Place Market stated that he was not
concerned about Mr. Van Der Loos's products or prices, but expressed concerns with
regard to the offensive language used by Mr. Van Der Loos at the markeL
Mrs. Beatrice Punch, Market Clerk, provided clarification with respect to the
rental of stalls at the Market and stated there were empty stalls at the market but they
were all paid for by the vendors for future use.
Mr. Gerry Van Der Loos provided comments in his defence.
The City Solicitor referred to the petition presented by the vendors of Sylvia Place
Market and discussed the previous suspension and conduct of Mr. Van Der Loos at the
markeL
Following the discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Hendershot, that the report be received and adopted, The motion
$err/ed with Aldermen Orr and Susin voting contrary to the motion and with all others
voting in favour.
COMMUNICATIONS
Communication No. 270 - City of Welland, City Clerk - Re: Safety Concems of Highway
406. The communication requests Council support of a resolution petitioning the Ministry
of Transportation to extend Highway 406 from its present terminus at East Main Street to
Highway 56A, Town; and to consider Highway 58A as a component of the Mid Peninsula
Corridor.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
communication be received and filed for the information of Council. Carried Unanimously.
Communication No. 271 - Niagara College, Welland Campus - Re: Niagara Gateway
Multimedia Project. The communication requests permission to use the City logo for
incorporation into the Niagara Gateway Multimedia CD-ROM for the purpose of promoting
Niagara.
ORDERED on the motion of Alderman Susin, seconded by Alde~ii~an Cummings, that the
request be supported. The motion Carried with Alderman Campbell abstaining from the
vote on a conflict of interest previously noted and with all others voting in favour.
Communication No. 272 - L. B. Lundy, Niagara Falls- Re: Signatures of Members of
Council. The communication expresses concems regarding the legibility of the signatures
of some of the members of Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
the communication be received and riled. Carried Unanimously.
Communication No. 273a) - Ontario Secondary School Teacher~ Federation - Re:
Proclamation. The communication requests that Council proclaim October 5, 1997 as
"Teacher Recognition Day".
Communication No. 273b) - Director of Fire Prevention - Re: Proclamation. The
communication requests that Council proclaim the week of October 5th - 11th, 1997 as
"Fire Prevention Week".
Communication No. 273c) - Canadian Cancer Society - Re: Proclamation. The
communication requests that Council proclaim the month of October as "Breast Cancer
Awareness Month" in our community.
111111 I I [ I I1 IIIll
- 5 -
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the
requests in Communication Nos. 273a), 273b) and 273c) be supported. The motion Can'fed
with Alde~ii~en Campbell and Pietrengelo abstaining from the vote on Communication No.
273a) on conflicts of interest previously noted and with all others voting in favour.
Communication No. 274 - Petition from concerned residents in the Chippawa
Parkway area - Re: Speeding and Careless Drivers. The communication expresses
concems with respect to speeding and careless drivers in the Chippawa Parkway, Norton,
Daly, Pell, Reilly, Peter, Thomas and Larry's Lane areas.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
matter be referred to staff and the Police for the investigating of possible remedial
measures; and further that staff investigate the visibility problem at Marineland Parkway
area. Carried Unanimously.
Communication No. 275 - White Ribbon Against Pornography (WRAP) - Re:
Proclamation. The communication requests that Council proclaim the week of October
19 - 26, 1997 as "White Ribbon Against Pomography Week".
ORDERED on the motion of Alderman Campbell, seconded by Alderman Hendershot, that
the request be supported. Carried Unanimously.
REPORTS
MW-97-126 - Chair, Municipal Parking & Traffic Committee - Re: Municipal
Parking & Traffic Committee Recommendations - September 16, 1997 Meeting.
The report recommends the following:
1. MW-97-102 - Royal Manor Drive - Parking Review and Request for All Way Stop -
1) That parking be maintained as it is on Royal Manor Drive; 2) that an all way stop
be installed at the intersection of Royal Manor Drive and Windsor Crescent (west
intersection ); and 3) that the Niagara Regional Police be requested to provide strict
and frequent enforcement of the 50 km/h speed limit on Royal Manor Drive;
2. MW-97-103 - Chrysler Ave. at Ellis St. - All way Stop Request
1) That an all way stop not be installed at the intersection of Chrysler Ave. and Ellis
St.; 2) that a playground sign be installed on Chrysler Ave. north of Ellis SL facing
southbound motorists; 3) that a playground sign be installed on Simcoe St. in
advance of the park facing westbound motorists;
3. MW-97-104 - Jepson Street at Slater A venue - All Way Stop Request
1) That an all way stop be installed at the intersection of Jepson Street at Slater
Avenue; 2) that a yellow centre line be applied on Jepson Street from valley Way
to the east limit of F.H. Leslie Community Park; 3) that a yellow centre line be
applied on Jepson Street from Valley Way to the east limit of F.H. Leslie Community
Park; and 3) that a comer parking restriction be placed on the southwest quadrant
of Jepson Street at Slater Avenue;
4. MW-97-105 - Preakness Street - Parking Restriction Request
1) That parking be maintained on the north side of Preakness Street between the
east limit of Preakness Park and Southview Avenue; 2) that the Niagara Regional
Police be requested to provide strict and frequent enforcement of the existing
50km/h speed limit on Preakness Street; and 3) Preakness Street be considered as
a location to implement a traffic calming technique upon the implementation of a
policy;
5. MW-97-107 - Falls Avenue - Parking Restriction Review
That the existing "Parking by Permit Only" designation on the west side of Falls
Avenue between Hiram St. and John St. be removed and raplaced with a "No
Parking - Tow Away Zone ";
6. Ontario Traffic Conference/Canadian Parking Association
That Chairperson Ward and Vice-Chairperson Puttick attend the Ontario Traffic
Conference/Canadian Parking Association Workshop/Conference, at the Toronto
Westin Harbour Castle, on October 7-8, 1997.
ORDERED on the motion of Alden~an Ward, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
See By-law No. 97-202
See By-law No. 97-203
BDD-97-03 - Chief Administrative Officer- Re: Dissolve Corporation; Niagara Falls
Economic Development Agency Inc. The report recommends that Council dissolve the
Corporation known as the Niagara Falls Economic Development Agency Inc.
ORDERED on the motion of Alderman Ward, seconded by Aldef~i~an Volpatti, that the
report be received and adopted. Canfed Unanimously. :
FD-97-10 - Chief Administrative Officer- Re: Municipal By-law 80-114; Designation
of Private Roadways as Fire Routes Inclusion of Niagara South Condominium
Corporation #2; 3955 Portage Road. The report recommends that Council approve the
request of Niagara South Condominium #2 to designate the private roadways as a Fire
Route.
ORDERED on the motion of Alderman Cummings, seconded by Alde,,an Fisher, that the
report be received and adopted. Canfed Unanimously.
See By-law No. 97-204
FD-97-11 - Chief Administrative Officer - Re: Municipal By-h~w 80-114; Designation
of Private Roadways as Fire Routes Inclusion of Kingsbridge Village Plan of
Condominium Subdivision; 3516 Main Street. The report recommends that Council
approve the request of Victoria Meadows Townhomes to designOble the private roadways
as a Fire Route.
ORDERED on the motion of Alderman Cummings, seconded by/!iderman Fisher, that the
report be received and adopted. Canfed Unanimously. :,
See By-law No. 97-205
FD-97-12 - Chief Administrative Officer- Re: Municipal By-law 80-114; Designation
of Private Roadways as Fire Routes Inclusion of City of Niagara Falls Non-Profit
Housing Corporation; 8055 McLeod Rd., and 8065 McLeod Rd. The report
recommends that Council approve the request of City of Niagara Falls Non-Profit Housing
Corporation to designate the private roadways as a Fire Route. '
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Canfed Unanimously.
See By-law No. 97-206
FD-97-13 - Chief Administrative Officer- Re: Municipal By-law 80-114; Designation
of Private Roadways as Fire Routes Inclusion of Pine Meadow Builders Townhouse
Condominium Project; Drummond Road. The report recommends that Council approve
the request of Pine Meadow Builders Townhouse Condominium Project to designate the
private roadways as a Fire Route.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
See By-law No. 97-207
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Aldei~ian Fisher, that
the actions taken on the following matters by the Corporate Services Committee, earlier
this evening, be approved:
Adoption of the Minutes of September 22, 1997 Corporate Services Committee
meeting;
F-97-59 - Municipal Accounts - that the municipal accounts be approved in the
amount of $20,474, 633. 48 for the period ending October 6, 1997;
F-97-60 - Agreement for Distribution Rights - that Council accept the proposal from
314340 Ontario Limited, operating business as the Haunted Press, for distribution
rights to the Portage Road Book with the provision that the City continues existing
sale practices;
4. New Business:
a) Millennium Committee - that $3,000.00 be provided for the implementation of the
Millenium Committee;
b) Council Meetings - that October 20, 1997 be the last Council meeting before the
Municipal Election, with November 3, 1997 remaining available at the call of the
Chair, if required;
c) Boys & Girls Club - that a letter of appreciation be sent to the Boys & Girls Club
for their efforts in reducing their budget for 1998 and thereby decreasing their
request to the C~ty for funding;
The motion Carried w, il, h Aldermen Campbell, Craitor, Cummings, Orr and Pietrangelo,
abstaining from the vo~e on Report F-97-59 on conflicts of interest previously noted and
with all others voting in favour.
See By-law No. 97-211
See By-law No. 97-213
RA TIFICA TION COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the actions taken on the following matters by the Community Services Committee,
earlier this evening, be approved:
Adoption of the Community Services Committee minutes of September 8, 1997 as
amended;
R-97-38 - Use of Oakes Track by Niagara Regional Athletics- that feedback, on the
proposed changes for the 1998 Season as outlined in Report R-97-38, be obtained
from the users of Oakes Track prior to the 1998 Season; and that a Council Report
on the use of Oakes Track be prepared prior to the 1998 Season;
L-97-75 - Request to Amend Fence By-law - that approval be given for a six-foot
six-inch (6'6'~ high fence on Mr. Rick McRae's front yard;
iIIIIII ;[ [ I I1 I IIIII
-8-
PD-97-89 -Gamer Neighbourhood Secondary Plan - that endorsement be given to
the suggested policy modifications and additions to the Draft Secondary Plan as
indicated in Report PD-97-89; and that the revised Draft Secondary Plan be
presented to Council for adoption on October 20, 1997; and that staff advise
interested parties as to when the plan will be brought to Council for adoption; and
that staff be directed to proceed with the preparation of a discussion document on
the issue of the expansion of the Secondary Plan Residential Boundary for
Council's future consideration and debate;
PD-97-92 - SPC 12/98 - Site Plan Agreement Saitoh Canada Ltd., 5510 Victoria
Avenue; Parking Area Landscaping - that information be received on the Site Plan
Agreement; Saitoh Canada Ltd., 5510 Victoria Avenue for Parking Area
Landscaping;
MW-97-125 - Tee Creek Municipal Drain - that Third Reading be given to
Provisional By-law 93-230 as amended; and that approval be given to final costs as
shown with authorization for staff to send out the appropriate assessment payment
notices to all the assessed landowners as per Drainage Act;
MW-97-127 - Sidewalks on Bishop Avenue - that Report MW-97-127 be deferred
for two weeks (until October 20, 1997, meeting);
FD-97-14 - Vehicle Purchase (Support Service Truck) - that a new vehicle be
purchased from Brock Ford Mercury for the price of $25,858. O0 plus tax;
Information Item - Watennain Cleaning by Iodine Treatment- an updated report to
be submitted to Council on October 20, 1997.
Carried Unanimously
See By-law No. 93-230
HR-97-08 - 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 1997
United Way Incentive Program draws.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously
PUBLIC MEETING
PD-97-93 - Chief Administrative Officer- Re: Public Meeting; Imperial Estates, Draft
Plan of Subdivision; File 26T-ff-970f; Agent: Fruitbelt Development. The report
recommends that Council consider input received at the Public Meeting and refer all
matters to staff for the review of the Imperial Estates Draft Plan of Subdivision.
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 September 19, 1997.
His Worship Mayor Thomson received indication that Mr. Eric Henry, 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 meeting.
Mayor Thomson advised that the purpose of the Public Meeting was to receive
information and to provide an opportunity for public comments on the proposed plan of
subdivision prior to any decisions being made by Council. He further advised that the
comments and concems would be considered with a recommendation report being
prepared for a future Council meeting.
Mr. Erfc Henry provided an overview of the proposal; discussed the two matters of
concem which included the preservation of several rare trees on the site; and the
relocation of a historical Board and Batten building located on the site. Mr. Henry advised
that Mr. John Jupien, a heritage resource consultant had purchased a lot on Corwin
Avenue and would be moving the house onto the lot.
,,,
Ms. Mary Lombard/, 6238 Conyin Avenue, enquired as to the location of the
heritage house and whether there had been any opposition from the neighbours in the
area.
Mr. Greg KiHey, 6186 Dorchester Road, requested that the drainage problems
and the preservation of the rare trees in the area be addressed.
The Director of Municipal Works responded that all the concems expressed would
be considered during the final stages of the planning design.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Report PD-97-93 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot,
that the report be received and adopted. Carried Unanimously.
PUBLIC MEETING
PD-97- 94 - Chief Administrative Officer- Re: Public Meeting; West Meadow (Plan 2)
Draft Plan of Subdivision; File 26T- 11-9702; Owner.' Wedgewood Builders of Niagara
Ltd. The report recommends that Council consider input received at the Public Meeting
and refer aft matters to staff for the review of the West Meadow (Plan 2) Draft Plan of
Subdivision.
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 September 19, 1997.
His Worship Mayor Thomson received indication that Mr. D. Waiters, 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 meeting.
BillIll 'l I I I] I IIIII
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Mayor Thomson advised that the purpose of the Public Meeting was to receive
information and to provide an opportunity for public comments on the proposed plan of
subdivision prior to any decisions being made by Council. He further advised that the
comments and concems would be considered with a recommendation report being
prepared for a future Council meeting.
Mr. Waiters advised that the application was to change the existing zoning from an
R4, Residential Low Density, Grouped Multiple Dwelling to a R!E, Residential Single
Family zone. He advised that the applicant wishes to reduce the density and provide an
affordable type of housing in the area.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Report PD-97-94 closed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that
the report be received and adopted. Carried Unanimously.
PD-97-91 - Chief Administrative Officer- Re: Application for Site Plan Approval;
SPC15/97; 6248 Main Street- Proposed Parish Hall, SL Mary~ Ukrainian Catholic
Church. The report recommends the following:
That Council approve the site plan for a proposed 6,430 square foot parish hall at
SL Mary's Ukreinian Catholic Church at 6248 Main Street;
2. That this approval be conditional upon the applicant obtaining a Ministry of
Environment and Energy Certificate of Approval for the storm water management
system.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
PD-97-95 - Chief Administrative Officer- Re: Agreement between Robert & Louise
Adie and The City of Niagara Falls; Registered April 25, 1989, Number 552363;
Consent Application B-8/89. The report recommends that Council adopt a by-law to
release the terms of the agreement with Robert and Louise Adie which was registered on
title of the property and which required the construction of a frame of a horse bam prior to
the issuance of a building permit for the construction of a residence. The agreement
served to satisfy the intent of a condition of severance imposed by the Regional Land
Division Committee.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
L-97-73 - Chief Administrative Officer- Re: To Declare Surplus Part of a Laneway on
Registered Plan 311, West of Stanley Avenue South of Peer Lane. The report
recommends the following:
That part of the laneway on Registered Plan No. 311, designated as Parts 1, 2 and
3 on Reference Plan No. 59R-9971 be declared surplus and offered for sale, to the
abutting owners for costs;
That Transfers of Easements be granted to those utilities having existing easements
over the said laneway, prior to the transfer of land;
3. And that the Mayor and Clerk be authorized to execute the said Transfer(s) of land
and Transfer(s) of Easements.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
See By-law No. 97-208
IllIll I [ r l ~ 111]'1
11
L-97-76 - Chief Administrative Officer- Re: Henry Agreement with the City Building
Permit/Testamentary Devise - Detanbeck Road. The report recommends that the City
of Niagara Falls enter into an agreement dated October2, 1997 between Gary Henry and
Lori Henry and the City regarding application for a Building Permit for a testamentary
devise lot on Detenbeck Road, attached herato as Appendix ~ °.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the
raport be raceived and adopted. Carried Unanimously.
See By-law No. 97-209
L-97-77 - Chief Administrative Officer - Re: Closing and Sale of Part of Unopened
Road Allowance of Warner Road between Niagara and Stamford Townships. The
report racommends that staff be authorized to proceed with the closing of part of the
unopened road allowance, between Niagara and Stamford Townships, lying north of
Wamer Road.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the rapoft be received and adopted. Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings, that
leave be granted to introduce By-law No. 93-230, and the by-law be read a third and final
time:
93-230 A by-law to authorize the construction of Tee Craek Municipal Drain
Carried Unanimously
ORDERED on the motion of Alderman Pietrangelo, seconded by AIderman Cummings, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
97-201
A by-law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan.
97-202
A by-law to amend By-law No. 89-2000, being a by-law to ragulate parking and
traffic on City roads (Stop Signs, Through Highways, Heavy Vehicle)
97-203
A by-law to amend By-law No. 89-2000, being a by-law to ragulate parking and
traffic on City Roads (Parking, Standing)
97-204
A by-law to amend By-law 80-114, designation of private roadways as fire
routes, 3955 Portage Road (Report FD-97-10)
97-205
A by-law to amend By-law 80-114, designation of private roadways as fire
routes, 3516 Main Straet (Re: Report FD-97-I 1)
97-206
A by-law to amend By-law 80-114, designation of private roadways as fira
routes, 8055 & 8065 McLeod Rd. (Re: Report FD-97-12)
97-207
A by-law to amend By-law 80-114, designation of private roadways as fira
routes, Pine Meadow Builders, Drummond Rd. (Re: Report FD-97-13)
97-208
A by-law to declara part of a laneway on Registerad Plan No. 311, designated
as Parts 1, 2 and 3 on Referance Plan No. 59R-9971, surplus and to convey
the said parts to the abutting owners, for costs.
97-209
A by-law to authorize the execution of an agreement with Gary Henry and Lori
Henry as a condition of building permit application for a testamentary devise lot
on Detenbeck Road.
12 -
97-210
A by-law to authorize the execution of an amending agreement with West
Niagara Capital Corporation and the City.
97-211
A by-law to authorize the execution of an agreement with 314340 Ontario
Limited operating business as The Haunted Press respecting distribution rights
to the Portage Road Book.
97-212 A by-law to amend By-law 79-200, as amended. (Re: AM21/97, Karen
DiGiorgio)
97-213 A by-law to authorize monies for General Purposes (October 6, 1997)
The motion Carried with Alderman Susin voting contrary to By-law Nos. 97-201 and 210;
and abstaining from the vote on By-law No. 97-203 on a conflict of interest previously
noted; and Aldermen Campbell, Craitor, Cummings, Orr, and Pietrangelo abstaining from
the vote on By-law No. 97-213 on conflicts 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:
97-201
A by-law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan.
97-202 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City roads (Stop Signs, Through Highways, Heavy Vehicle)
97-203 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads (Parking, Standing)
97-204 A by-law to amend By-law 80-114, designation of private roadways as fire
routes, 3955 Portage Road (Report FD-97-10)
97-205 A by-law to amend By-law 80-114, designation of private roadways as fire
routes, 3518 Main Street (Re: Report FD-97-11)
97-206 A by-law to amend By-law 80-114, designation of private roadways as fire
routes, 8055 & 8085 McLeod Rd. (Re: Report FD-97-12)
97-207 A by-law to amend By-law 80-114, designation of private roadways as fire
routes, Pine Meadow Builders, Drummond Rd. (Re: Report FD-97-13)
97-208
A by-law to declare part of a laneway on Registered Plan No. 311, designated
as Parts 1, 2 and 3 on Reference Plan No. 59R-9971, surplus and to convey
the said parts to the abutting owners, for costs.
97-209
A by-law to authorize the execution of an agreement with Gary Henry and Lori
Henry as a condition of building permit application for a testamentary devise lot
on Detenbeck Road.
97-210 A by-law to authorize the execution of an amending agreement with West
Niagara Capital Corporation and the City.
97-211
A by-law to authorize the execution of an agreement with 314340 Ontario
Limited operating business as The Haunted Press respecting distribution rights
to the Portage Road Book.
I:~li I I II IT llll!l
13 -
97-212 A by-law to amend By-law 79-200, as amended. (Re: AM21/97, Karen
DiGiorgio)
97-213 A by-law to authorize monies for General Purposes (October 6, 1997)
The motion Carried with Alderman Susin voting contrary to By-law Nos. 97-201 and 210;
and abstaining from the vote on By-law No. 97-203 on a conflict of interest previously
noted; and Aldermen Campbell, Craitor, Cummings, Orr, and Pietrangelo abstaining from
the vote on By-law No. 97-213 on conflicts of interest previously noted and with all others
voting in favour.
NEW BUSINESS
Flu Shot Program
Alderman Pat Cummings inquired about the offering of a City employee flu shot
program. The Directorof Corporate Services advised that he would investigate the matter.
Profit Sharing from Casino Operations
Alderman Pat Cummings referred to recent debates held with the Provincial
government with respect to Windsor profit sharing from Casino operations and suggested
that the City of Niagara Falls should also receive the same 10% of the casino profits.
Mayor Thomson provided an update on the matter.
Letter of Condolence
Alderman Shirley Fisher requested that a letter of condolence be forwarded to the
family of the late Arthur Conrad Nieuwesteeg on their recent loss. Carried Unanimously
Schizophrenia Awareness Month
Alderman Selina Volpatti advised that October was Schizophrenia Awareness
Month and that the St. Catharines chapter would be holding a walk from St. Barnabas'
Church in St. Catharines on October 18, 1997.
Business Licence Applications for Adult Entertainment Parioure
Alderman Wayne Campbe~ referred to correspondence from the Police Services
Board with respect to business licences for adult entertainment pariours and requested
further information on the matter. He was informed by the City Clerk that the
correspondence was advising members of Council that the Police Services Board had
processed the application and had issued the licence to Seductions.
Derelict Properties
Aldemian Kim Craitor referred to concems of the Lundy's Lane BIA Beautification
Committee regarding the derelict conditions of three properties across from Arby's and he
requested City staff assistance in the matter.
II!1111:I I I I11 IIIII
- 14-
ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that
the matter be referred to Property Standards for further review. Carried Unanimously.
Sylvia Place Market
Alderman Judy Orr requested further information on the renting of vendor stalls at
Sylvia Place Market.
ORDERED on the motion of Alderman Orr, seconded by Alderman Susin that further
information be provided with regard to the renting of vendor stalls at Sylvia Place Market.
CarTied Unanimously,
St. Gabriel Lalemont School
His Worship Mayor Thomson referred to the artwork in Council Chambers, courtesy
of the 5th Grade students at St. Gabriel Lalemont School and commended them for their
efforts.
Provincial International Cranes Inc.
His Worship Mayor Thomson announced a joint venture between Provincial
Intemetional Cranes Inc. and Top-Mech. He advised that Provincial International Cranes
Inc. would provide the high-tech components from the Niagara Falls plant and their
Malaysia partner, Top-Mech would assemble the cranes and hoists.
Bill 107- Proposed Municipal Sewage Transfer Act, 1997
His Worship Mayor Thomson referred to a proposed municipal sewage transfer of
authority to municipalities for inspection and approval of inground sewage disposal
systems presently handled by the Regional Niagara Public Health Department and
requested that Council forward a resolution to Dr. Robin Williams, Medical Officer of Health
advising that the City of Niagara Falls was pleased to have the Regional Niagara Public
Health Department provide the present level of service delivery and conduct inspections
of inground sewage disposal systems.
ORDERED on the motion of Alderman Susin, seconded by Alderman Campbell, that the
Medical Officer of Health be advised that the City of Niagara Falls is pleased to have the
Regional Niagara Public Health Department provide the present level of service delivery
and conduct inspections of inground sewage disposal systems. Carried Unanimously
Railway Relocation
His Worship Mayor Thomson referred to trains carrying hazardous and toxic
waste through the central tourist district of the City and of the devastation if an accident
occurred during the summer tourist season. He requested support to form a committee
consisting of our Provincial and Federal members; the Consultant from Totten, Sims,
Hubicki; staff and any members of Council that wish to be involved on the committee and
to carry on discussions with Mr. Crombie to ensure that the Tourism Plan is successful.
Alderman Bruce Ward and Alde.iian Selina Volpatti indicated that they would like
to sit on the committee.
I~HI] I [ [I I] III11
15 -
ORDERED on the motion of Alde~an Fisher, seconded by Alderman Orr, that a
committee be formed with our Provincial and Federal members, the Consultant from
Totten, Sims, Hubicki;, staff and any members of Council that wish to be involved on the
committee and to carry on discussions with Mr. Crombie to ensure that the Tourism Plan
is successful. Carried Unanimously.
Congratulations
Alderman Shirley Fisher requested that a letter of congratulations be forwarded to
Factor Fo,,s on their great success and expansion over the past year.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that a letter
of congratulations be forwarded to Factor Forms on their great success and expansion
over the past year. Carried Unanimously.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot,
that the meeting be adjoumed. Carried Unanimously
READ AND ADOPTED,
IIIIIII I [ f l] I IIIII
TWENTY-FIFTH MEETING
COMMITTFE-OF- THE-WHOLE
Committee Room #2
October 20, 1997
Council met on Monday, October 20, 1997 at 8:15 p.m. in Committee-of-the- Whole.
All members of Council were present. Aidelysian 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,
PLANNING MEETING
Council Chambers
October 20, 1997
Counc~ met on Monday, October 20, 1997 at 7:00 p.m.. for the purpose of
considering Planning and Regular Business Matters. All members of Council, were
present. Alde~i,an Pat Cummings offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Alde~iiian Cummings and Craitor indicated a pecuniary interest on Report F-97-62,
Cheque Nos. M92038 and 232824 because members of their families are employed by the
Region.
Alderman Cummings indicated a pecuniary interest on Report F-97-62, Cheque No.
232994 because the recipient is Acres.
Alderman Campbe~ indicated a pecuniary interest on Communication No. 279,
Parent Advisory Council, Greendale Public School, because he is employed by the School
Board.
Alderman Janvary indicated a pecuniary interest from the Council meeting of
October 6, 1997 on Report F-97-59, Cheque Nos. M92026; M92027 and Communication
No. 273a) because she is employed by the School Board.
Alderman Susin indicated a pecuniary interest on Report F-97-62, M92035, because
a member of his family resides in the area; and Cheque Nos. 232780 and 232830 because
members of his family are volunteer firefighters.
Alderman Volpatti indicated a pecuniary interest from the Council meeting of
September 22, 1997 on Report F-97-56, Cheque No. 232259 because she is the recipient.
White Ribbon Against Pornography
His Worship Mayor Thomson advised that members of Council were wearing white
ribbons in support of White Ribbons Against Pornography Week.
PRESENTATIONS
Niagara Falls Recreation Commission~ 1997 George MacPhail Award
His Worship Mayor Thomson and Mr. Ken Kuhn, Vice Chair of the Recreation
Commission, congratulated and presented the Niagara Falls Recreation Commission~
1997 George MacPhail Award. to Mr. Wayne Allan, in recognition of his outstanding
service in the field of recreation to the citizens of Niagara Falls.
Disabfiity Advisory Committee Award
His Worship Mayor Thomson and Alderman Pat Cummings congratulated and
presented the first Disability Advisory Committee Award to Commisso ~ Food Market
in recognition of their efforts to make their business accessible to the disabled. Mr. Rocky
Commisso accepted the award on behalf of Commisso's.
The Sertoma Club
Mr. Roy Allen, Presiden~ Sertoma Club, presented a cheque in the amount of
$1,000.00 to Alderman Paisley Janvary, Chairperson of the Civic Committee, toward this
years Santa Claus Parade. Alderman Janvary provided highlights of the upcoming parade
being held on November 22, 1997.
Niagara Falls Pubtic Library
Mr. Joe Longo, Chief Librarian presented new library cards to members of City
Council; announced that there would be a free public legal information evening on October
22, 1997 at the Victoria Avenue Library regarding the new Tenant Protection Act; and
requested that Council proclaim the week of October 20 - 26, 1997 as "Public Library
Week ".
Mrs. Rose Sottile, Vice-Chair of the Niagara Falls Public Library Board
presented plaques in recognition of financial support to the Library to the following
organizations: The Rotary Club of Niagara Falls Sunrise; Group 2 Development
Limited & The Stamford Centre Volunteer Firemen's Association and the Rotary
Club of Niagara Falls.
DFPUTA TIONS
Niagara Falls Transportation Planning Study
Mr. Doug Allingham, Consultant, Totten, Sims, Hubicki, and Mr. Claudio
CoveIll, Dillon Consulting, presented the final draft report of the Niagara Falls
Transportation Planning Study through the use of slides.
Mr. Allingham provided a brief outline of the following highlights: The Study Goals;
Consultation; Priorities; Vision; Components of the Study; Population and Employment
Growth Projection (1991 to 2011); Niagara Bridges Growth; Visitor Growth Projection;
Preparation for Growth; Problem Areas; Strategic Options; Evaluation Criteria;
Bikeway/Trails Plan; Strategic Transit Strategy; Parking Strategy; Signing Plan; The
TSM/TDM Transportation Management Plan; Roadway Improvements; and General
Recommendations.
Discussions ensued with respect to the elimination of the CP/CN Rail Confdor; traffic
volume from Stanley Avenue and the 420; and having only "cosmetic repairs" for our
roadways.
- AND -
Report MW-97-135 - Niagara Falls Transportation Master Plan. The report
recommends that the Niagara Falls Transportation Master Plan Study be adopted in
principle and referred to the appropriate agencies for further consideration and
implementation.
ORDERED on the motion of Alderman Volpatti, seconded by AIdell,an Campbell, that the
report be received and adopted. Canfed Unanimously.
During further discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Aldei~iian Pietrangelo, that a letter be forwarded to the Ministry of
Transportation (MTO) with respect to giving some consideration to having a banfer
installed in the mobile home area. The motion Canfed with Alderman Susin voting contrary
to the motion and with all others voting in favour.
PLANNING MATTERS
PD-97-90 - Chief Administrative Officer- Re: Zoning by-law Amendment Application;
AM-28/97, Joe Melo; 8158 Lundy~ Lane (Greycliff Manor). The report recommends the
following:
That Council approve the application:
To permit the construction of 10, one-storey townhouse dwelling units adjacent to
the existing senior citizens' residence;
To pert,it 12 additional beds to be provided in the existing senior citizens'
residence;
3. To modify the parking standard which applies to the development.
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 September 19, 1997
lIBIll 'I f I II I IIIII
- 4 -
His Worship Mayor Thomson received indication that the applicant Mr. Joe Me/o,
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.
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 negative
response in opposition to the application.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches; reviewed the Planning Review and the Public Notification
Process; advised that the minor revisions to the parking standard were
acceptable; that 60% of the site is proposed to be preserved as landscaped, open space
and recommended that the application be approved.
Mr. Frank Lovasi, 8fSf Cstalina Street, expressed concems with respect to water
runoff and the need for storm sewers in the area.
The Director of Municipal Works advised that the development would be subject to
site plan approval and assured that the issue of sewers would be looked at.
Mr. John Pool, 8fgf Catalina Street, advised that there had been extensive
damage to his property as a result of drainage problems
Mr. Joe Melo reviewed the proposed development for the construction of one floor
townhouse dwellings for seniors adjacent to the existing senior citizen°s complex; and to
renovate the existing senior citizen's residence and increase the number of beds from 50
to 62. He responded to concerns regarding the drainage problems encountered and
advised that the matter would be looked into.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-28/97 closed.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
PD-97-97 - Chief Administrative Officer- Re: PD-97-97 - Public Meeting, Meadow
Creek Draft Plan of Subdivision; File 26T-11-9703; Owner/Agent: Fruitbelt
Development. The report recommends that Council consider input received at the Pubtic
Meeting and refer a~ matters to staff for the review of the Meadow Creek Draft P/an of
Subdivision,
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 October 3, 1997.
1'1111 : I II H IllIN
His Worship Mayor Thomson advised that the purpose of the Public Meeting was
to receive information and to provide an opportunity for the public to make comments on
the proposed subdivision and that no decision would be made at tonighrs meeting. He
further advised that all comments would be considered with a recommendation report to
be prepared for a future Council meeting.
His Worship Mayor Thomson received indication that Mr. Eric Henry, was in
attendance on behalf of the applicant and received a positive 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.
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. Henry reviewed the application which proposed to develop a 6.5 acre site into
32 single-detached family lots; referred to the concems of the neighbours with respect to
the protection of the woodlot; the significant number of trees in the area and the
preservation of those trees.
Mrs. Laurie Benne~ 8151 Marcon Street, expressed concerns regarding having
sidewalks on one side of the street only; the need for traffic signs at new intersections and
appropriate signage such as "Children at Play"; advised that safety measures should be
in p/ace prior to development; and that the proposed park should be a "usable playground
park".
Mrs. Bennett further expressed safety concems due to the increased construction
truck traffic and as Marcon Street was a finished street the construction trucks would ruin
the street.
Mr. Henry responded to concems regarding the provision of sidewalks and advised
that through the development process, sidewalks are put in place at the request of the
Engineering Department; and further advised that the monies for sidewalks are obtained
through development charges.
Mrs. Connie Nesbitt, 8161 Macon Street, stated that she was not in opposition
to the proposed subdivision; expressed concems regarding the lack of signage in the area;
advised that the park should be a "usable park" with recreation facilities such as a skating
rink and play equipment; referred to the lack of sidewalks and proper access to the park.
The Manager of Parks, Recreation and Culture advised that playground equipment
for Ken Mulhem Park would be budgeted for in next years budget and that Meadow Creek
Park would be left in a natural state and would therefore not be conducive for a playground
installation or other active recreational facilities.
Mr. Paul Washnuk, 8062 Alpine Drive, referred to park boundaries and requested
that no fences be built around the boundaries of the park and that the creek that runs
through the area not be altered; he further requested that he and his neighbours be part
of the decision making process.
Mr. Henry responded that the creek would not be altered and that the property
would be left in a natural state.
lIBIll 'I I I I1 I IIIII
Mr. Joseph Paonessa, 8084 Alpine Drive enquired about the markers in the area
and was advised these markers had been placed to designate the City's property line.
During the discussion, it was suggested that the developer look at the view of
having a "traffic calming" provision in the subdivision plan.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Report PD-97-97 closed.
ORDERED on the motion of Alderman Orr, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimously
PD-97-98 - Chief Administrative Officer- Re: Garner Neighbourhood Secondary Plan.
The report recommends that Council endorse the Gamer Neighbourhood Secondary Plan
with the revisions and additions to policies outlined in Report PD-97-98.
ORDERED on the motion of Puttick, seconded by Alderman Janvary, that the report be
received and adopted. Carried Unanimously.
PD-97-fO0 - Chief Administrative Officer- Re: Recommendation Report; Imperial
Estates Draft Plan of Subdivision; Agent: Fruitbelt Development. The report
recommends the following:
That the Imperial Estates Draft Plan of Subdivision 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 Council's decision has been given as required by the Planning
Act, provided no appeals of the decision have been lodged;
3. That draft plan of this plan of subdivision will lapse three years from the date of draft
approval unless an extension is requested by the developer and granted by Council.
ORDERED on the motion of Pietrangelo, seconded by AIderman Cummings, that the report
be received and adopted; and further that Mr. Greg Kiriey be included in the planning
process. Carded Unanimously.
PD-97-101 - Chief Administrative Officer - Re: Request for Extension to Draft Plan
Approval; Neighbourhoods of SL David's, Walker Community Development
Corporation. The report recommends the following:
That a Council resolution supporting a one-year extension to draft plan approval
for the Neighbourhoods of SL David's Plan of Subdivision be adopted conditional
on the applicant maintaining the appropriate subdivision sign on the property for
public information;
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 Hendershot, seconded by Alderman Cummings, that the
report be received and adopted. Carded Unanimously.
See Resolution No. 68
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
Minutes of the Regular Council meeting of October 6, 1997 be adopted as ptfnted. Carded
Unanimously
IllIll I [ I I I IIIll
COMMUNICATIONS
Communication No. 276a) - Canadian Diabetes Association - Re: Proclamation. The
communication requests Council proclaim the month of November as "Diabetes Month in
the City of Niagara Falls ".
Communication No. 276b) - The Optimist Club - Re: Proclamation. The communication
requests that Council proclaim the week of November 10 to November 16, 1997 as "Youth
Appreciation Week".
ORDERED on the motion of Aldefiiian Fisher, seconded by Alderman Craitor, that
requests in Communication Nos. 276a) and 276b) be supported. Carried Unanimously
Communication No. 277 - T. A. Richardson, Sullivan, Mahoney - Re: City of Niagara
Falls Official Plan Amendment No. 17 and Marineland. The communication expresses
concems regarding the deletion of a policy which affects the possible future development
of the Marineland property, formerly contained in the policy entitled "Building Heights in
OPA No. 17 but which was not included in OPA No. 22 and requesting the restoration of
policy 4.7. 5 as it applies to the Marineland property.
ORDERED on the motion of Alderman Ward, seconded by Alderman Campbell, that the
matter be referred to staff. Carried Unanimously
Communication No. 278 - Winter Festival of Lights - Re: Fireworks Displays. The
communication requests that Council approval to hold fireworks displays at the Ontario
Hydro Station in the gorge near the Horseshoe Falls on the following days: November 22,
1997; November 28, 1997; December 12, 1997 and December 31, 1997.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Orr, that the
request be approved subject to established policy. CatTied Unanimously.
Communication No. 279 - Parent Advisory Council, Greendale Public School - Re:
Traffic on Montrose Road near Greendale Public School. The communication attaches a
a letter to the Regional Chairman, expressing safety concerns regarding the children that
must walk to school along Montrose Road from the surrounding areas and suggesting that
traffic lights be installed at Montrose Road and Rysdale.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
the request be supported and forwarded to the Region. The motion Carried with Alderman
Campbell abstaining from the vote on a conflict of interest previously noted and with all
others voting in favour.
Communication No. 280 - Saint Michael High School - Re: United Nations Day, October
24, 1997. The communication requests to have the United Nations Flag flown on Friday,
October 24, 1997 at Centennial Square in honour of United Nations Day.
ORDERED on the motion of Alderman Janvary, seconded by Aldei~i~an Fisher, that the
request be approved subject to established policy. The motion Carried with Alderman
Pietrangelo abstaining from the vote on a conflict of interest and with aft others voting in
favour.
REPORTS
MW-97-128- Chief Administrative Officer- Re: Award of Contract #97-15, Supply of
Services for the Snowplowing of Parking Lots. The report recommends the following:
That Niagara Commercial Contracting be awarded the contract for the supply of
services for snowplowing of parking lots designated in Area 1 and in Area 2;
That the by-law appearing on tonight's Council Agenda be given the necessary
readings to authorize the execution of the tender for the supply of services for
snowplowing of parking lots in Area 1 and Area 2.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Susin, that the
matter be deferred to the November 17, 1997 Council meeting for further review. Canfed
Unanimously
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that
the actions taken on the following matters by the Community Services Committee, earlier
this evening, be approved:
Adoption of the Minutes of the October 6, 1997 Community Services Committee
meeting;
MW-97-132 - Mr. Waft Kretz, 7706 Cortina Crescent - that a meeting be held with
the Builder, staff and Mr. Kretz regarding the relocation of the Electric Transformer
at 7706 Cortina Crescent;
MW-97-133 - Dirty Water on Merle Crescent, Conyin Crescent; Russell Street &
Cowan Area - that staff report immediately on resolution of discoloured water on
Merle & Conyin Crescent and the Russell Street & Cowan area;
4. Information Items:
- that information be received on damage to Blue Boxes;
- that information be received on Crack Sealing to occur in the downtown area and
tourist core;
5. Discussion Items:
- that reimbursement of tipping fees in the amount of $67.00 be granted to Mrs.
Anne VVTIliams, 7090 Whitman Avenue;
- that waiving of tipping fees be granted to the Niagara Falls Lightning Gymnastic
Club;
- that Council support applications for provincial water protection funds;
6. New Business
on
- that the request of the Lundy's Lane Business Improvement area, for sidewalks
the north side of Lundy's Lane from Kalar Road to Garner Road, be referred to
budget deliberations.
Canfed
See Resolution No. 69
R-97-52 - Chairperson, Sports Waft of Fame Committee - Re: 1997 Sports Waft of
Fame Inductees. The report recommends that Council approve the following 1997
Inductees to the Niagara Falls Sports Wall of Fame, as recommended by the Sports Wall
of Fame Committee:
1900-1930 Era
Clifford "Mac" MacGillivray - Builder (Softball, Hockey and Lacrosse);
I I I ~ IIIll
- 9 -
1931-1950 Era
Stamford Athletic Club -
Malcolm J. "Tuffy" McEwan -
Wilfred "Whitey" Whitehead -
Team (Running)
Athlete (Various)
Athlete (Baseball and Bowling)
1951-1970 Era
James Atack -
Jack W. Sadler -
Fred Plato -
Fallsview Firemen Major
'~" Midgets 1961/62 -
Athlete/Builder (Baseball, Hockey & Football)
Builder (Baseball)
Builder (Curling)
Team (Hockey)
1971-1990 Era
Carol Biela wski -
Barry Finlay -
Frank Pietrangelo -
Phil Boyer, Shane Newson,
and Jason Vormittag -
Builder (Soccer)
Athlete (Football)
Athlete (Hockey)
Athletes (Baseball)
The Corporation or Groups to be honoured this year through the Sponsor Award are:
1900-1950 Ere
1951-1970Era
Battery Sports Shop
Rainbow Dairies
William L. Houck
Niagara Falls Police Association
1971-1990 Era
First Niagara Insurance
Optimist Club
ORDERED on the motion of AIde.iian Janvary, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
R-97-53 - Chief Administrative Officer- Re: Tender TR-10-97 Supply and Installation
of Creative Playgrounds in Various City of Niagara Falls Parks. The report
recommends the following:
That the Tender TR-10-97 for the Supply and Installation of Creative Playgrounds
in various City of Niagara Falls Parks be awarded to Peninsula Fence and
Landscaping Inc. of Thorold, Ontario at the revised tendered cost of $99,407.02;
2. That the By-Law appearing later on this evening's agenda, authorizing an
Agreement with Peninsula Fence and Landscaping Inc., be approved.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report
be received and adopted. Carried Unanimously.
See By-law No. 97-215
RA TIFICA TION OF CORPORA TE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
the actions taken on the following matters by the Corporate Services Committee, earlier
this evening, be approved:
BillIll I [ [ I] I IIIII
10-
1. Adoption of the Minutes of October 6, 1997 of the Corporate Services Committee;
F-97-81 - Tax Balances at September 30, 1997 - that the report be received for
information;
F-97-82 - Municipal Accounts - that the Municipal Accounts be approved in the
amount of $1, 134, 058. 41 for the period ending October 20, 199 7;
4. F-97-83 - 1997 Financial Update - that the report be received for information;
1997 Budget - that the 1997 Budget as presented by the Chippawa BIA be
approved;
That a contribution of $150.00 be approved for the upcoming WheeiWorld Car
Show - Alderman Hendershot conflict;
That an Inauguration Committee be formed comprising the following members:
Mayor Thomson; Aldermen Craitor, Fisher, Pietrangelo and Puttick;
8. That staffs proposal be endorsed for the settlement of tax arrears.
The motion Carried with Aldermen Craitor, Cummings, and Susin abstaining from the vote
on Report F-97-62 on conflicts of interest previously noted; Alderman Hendershot
abstaining from the vote on the matter dealing with WheeiWorld Car Show on a conflict of
interest because a family member is associated with the organization and with all others
voting in favour.
See By-law No. 97-216
CD-97-34 - Chief Administrative Officer- Re: Special Occasion Permit, Casino
Security Hockey Association. 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 Alderman Craitor, that
the report be received and adopted. The motion Carried with Alderman Orr abstaining
from the vote on a conflict of interest and with all others voting in favour.
RA TIFICA TION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that
the actions taken on the following matters by Committee of the Whole, earlier this evening,
be approved:
That the City of Niagara.Falls accept the offer of $60,000 by 1218640 Ontario Inc. for the
purchase of South End Depot.
The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest;
and Alderman Susin voting contrary to the motion and with all others voting in favour.
See By-law No. 97-218
RESOLUTIONS
NO. 65 - HENDERSHOT- CUMMINGS - RESOLVED that a letter of condolence be
forwarded to the family of the late Donald Edward Henderson, brother of City employee
Mrs. Elaine Eros from the Human Resoumes DepartmenL
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 66 - FISHER- VOLPA TTI - RESOLVED that a letter of condolence be forwarded
to the family of the late Jack Willick, a former member of the Willoughby Volunteer Fire
Department and well-respected citizen of the community.
AND The Seal of the Corporation be hereto affixed.
Carded Unanimously
11111] ~ I II II IllIN
11
NO. 67 - CUMMINGS - JANVARY - RESOLVED that a letter of condolence be forwarded
to the Village of St. Bemard de Beauce, Quebec and the families of the victims who lost
their fives in the bus tragedy on October 13, 1997.
AND The Seal of the Corporation be herato affixed.
Camed Unanimously
NO. 68 - HENDERSHOT- CUMMINGS - RESOLVED that the Council of the Corporation
of the City of Niagara Falls heraby supports a one-year extension to draft plan approval for
the Neighbourhoods of SL David's Plan of Subdivision and that 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.
Carried Unanimously
NO. 69 - HENDERSHOT- FISHER - BE IT RESOLVED that the Corporation of the City
of Niagara Falls hereby requests funding assistance from the Ministry of the Environment
Provincial Water Protection Fund for the construction of a high rate treatment facility in
Niagara Falls.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of AIdefiiian Pietrangelo, seconded by Alderman Cummings,
that leave be granted to introduce the following by-laws, and the by-laws be read a first
time:
97-214 WITHDRAWN
97-215
A by-law to authorize the execution of an agreement with Peninsula Fence
& Landscaping Inc. respecting the supply and installation of creative
playgrounds in various City Parks.
97-216 A by-law to authorize monies for General Purposes (October 20, 1997).
97-217
A by-law to amend By-law No. 79-200, as amended. (AM-19/97, 8023
Lundy's Lane for road construction)
97-218 A by-law to authorize an agreement of Purchase & Sale with 1218640
Ontario Inc. (South End Depot)
The motion Carried with Aldermen Craitor, Cummings and Susin abstaining from the vote
on By-law No. 97-216 on conflicts of interest previously noted; and Alderman Susin voting
contrary to the motion to By-law No. 97-218 and with all others voting in favour.
ORDERED on the motion of AIde,,,an Cummings, seconded by Alde,,~an Pietrangelo,
that the following by-laws be now read a second and third time:
97-214 WITHDRAWN
97-215
A by-law to authorize the execution of an agreement with Peninsula Fence
& Landscaping Inc. respecting the supply and installation of creative
playgrounds in various City Parks.
97-216 A by-law to authorize monies for General Purposes (October 20, 1997).
97-217
A by-law to amend By-law No. 79-200, as amended. (AM-19/97, 8023
Lundy's Lane for road construction)
-12-
97-2f8 A by-law to authorize an agreement of Purchase & Sale with 1218640
Ontario Inc. (South End Depot)
The motion Canfed with Aldermen Craitor, Cummings and Susin abstaining from the vote
on By-law No. 97-216 on conflicts of interest previously noted; and Alderman Susin voting
contrary to the motion to By-law No. 97-218 and with all others voting in favour.
NEW BUSINESS
Road Conditions near Zehra Construction
Alderman Pat Cummings referred to the mad conditions dudng the construction of
Zehrs, in the area of the Polling Station at the Optimist Club and the difficulty that
residents would have on election day due to the conditions of the mad. He requested that
staff work with the contractor to look into the matter.
Parking on McGrail
Alderman Pat Cummings referred to correspondence expressing concerns with
respect to Casino employees parking on McGreil Street and requesting that certain
restHctions be implemented.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
the matter be referred to staff. Canfed Unanimously.
Employee Flu Shot Program
Alderman Pat Cummings requested further information on the Employee Flu Shot
Program and was advised by the Director of Corporate Services that through the joint
efforts of the Municipality and the Region, flu shots would be available on the tentative
dates of October 29th, 30th, and 31st, 1997.
Council Past Term Comments
Alderman Pat Cummings wished all the members of Council the best of luck in the
upcoming municipal election.
Letter of Congratulations
Alderman Shirley Fisher requested that a letter of congratulations be forwarded to
Jill Vance, Arlo's Fine Foods, for her great success in her business venture of making and
bottling garlic jelly.
Overhead Signs
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings, that
the matter of overhead turning arrows at Montrose Road and 420 be referred to the
Region and the Ministry of Transportation for consideration. CatTied Unanimously.
Petrulla Court Berm
Following some
13 -
discussion, it was ORDERED on the motion of Alderman
Pietrangelo, seconded by AIderrnan Craitor, that a final report on the Petrulla Court berm
be prepared. Carried Unanimously.
Marshall Road Conditions
Alderman Fermino Susin advised that the asphalt conditions on Marshal Road
Parkway to Willoughby Drive are a continuing problem; he was advised by the Director of
Municipal Works that a report would be provided on the matter.
Information on Wards for the Municipal Election
Alderman Judy Orr referred to public concems with respect to what wards they
were in. She was advised by the City Clerk that an ad was being placed in the paper with
larger maps and shaded areas indicating the various wards in the City; he further advised
that these maps would be delivered to every household in the community.
Handicap Parking
Alde~iiian Norm Puttick expressed concems with respect to the misuse of handicap
parking areas and requested that the issue of parking permits and parking fines be
referred to the Parking & Traffic Committee and to the MTO.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the
matter of Handicap Parking Permits and Handicap Fines be referred to the Parking &
Traffic Committee. Carried Unanimously.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the
matter of providing photo identification on future handicap parking permits be referred to
the Ministry of Transportation. Carried Unanimously.
Ward System
Alderman Paisley Janvary referred to the establishment of the new Ward System
and informed that residents would now be voting for two Alde~iiien in each of the wards.
ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the
meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
TWENTY-SIXTH MEETING
COMMITTEE-OF-THE-WHOLE
Committee Room #2
November 3, 1997
Council met on Monday, November 3, 1997 at 5:45 p.m. in Committee-of-the-
Whole. All members of Council were present. Alderman Victor Pietrangelo presided as
Chairman.
Following consideration of the items presented, the Committee-of-the -Whole rose
to report in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
SPECIAL COUNCIL MEETING
Council Chambers
November 3, 1997
Council met on Monday, November 3, 1997 at 7:00 p.m. for the purpose of
considering Regular Business Matters. All members of Council were present. Alderman
Shirley Fisher offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Susin requested that the Minutes of October 20, 1997 be amended to
reflect his opposition to the motion on the purchase of South End Depot and corresponding
By-law No. 97-218.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo,
that the Minutes of the Planning/Regular Council meeting of October 20, 1997 be adopted
as amended. Carried Unanimously
DISCLOSURES OF PECUNIARYINTERESTS
Aldermen Craitor and Cummings indicated pecuniary interests on Report F-97-64,
Cheque Nos. 233040; 233213 and 233279 because members of their families are
employed by the Region.
Alderman Cummings indicated a pecuniary interest on Report F-97-64, Cheque No.
233165 because Acres is involved.
- 2 -
Alderman Craitor indicated a pecuniary interest on Report F-97-64, Cheque No.
233099, because he is the owner of the Jr. B Hockey Club; and on Cheque No. 233126,
because the recipient is his employer.
Aldermen Campbell and Janvary indicated pecuniary interests on Report MW-97-
131, dealing with School Crossing Guards, because they are employed by the School
Board.
Alderman err indicated a pecuniary interest on Report F-97-64, Cheque No.
M92060, dealing with the Bender Hill construction related to the Casino, who is her
employer.
Alderman Pietrangelo indicated a pecuniary interest on Report L-97-78 because a
member of his family has testamentary devise property.
Alderman Susin indicated a pecuniary interest on Report F-97-64, Cheque Nos.
M92049, Stanley Avenue; and M92053, Morden Drive, because a member of his family
resides in the area; and indicated a pecuniary interest on Cheque Nos. 233082; 233123;
and 233127 because members of his family are volunteer firefighters.
Alderman Ward indicated a pecuniary interest on Report F-97-64, Cheque No.
233176, because he has a business interest.
COMMUNICATIONS
Communication No. 281 - City of Stratford, Office of the City Clerk-Administer - Re:
Downloading of services on to local municipalities. The communication requests that
Council endorse a resolution requesting that the Government of Ontario be urged to keep
its actions of disentanglement and re-alignment of responsibilities consistent with its
repeated promise of revenue neutrality to the smaller municipalities.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that
the request be supported. Carried Unanimously
Communication No. 282 - White Ribbon Campaign - Re: Men Working to End Men's
Violence Against Women. The communication requests that 1 ) Council proclaim the week
of November 28, 1997 to December 6, 1997 as "White Ribbon Week"; and requesting that
2) Council, staff and the public wear the white ribbons.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
requests be supported. Carried Unanimously.
Communication No. 283 - City of St. Catharines - Re: Letter to the Hen. A. Leach,
Minister of Municipal Affairs and Housing regarding Who Does What. The communication
asks that Council support a request to the Minister requesting that all members of the area
councils and appropriate staff be invited to the attend the meeting with the Ministry of
Municipal Affairs and Housing respecting Who Does What Numbers.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
request be supported. Carried Unanimously.
Communication No. 284 - Correspondence from Registered Nurses at the Greater
Niagara General Hospital, Trillium Place Unit - Re: Re-structuring at G.N.G.H. The
communication expresses concerns with respect to the quality of care due to restructuring;
staff cut backs and the use of non-regulated Health Care Providers or Health Care Aides.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that
the matter be referred to the Hospital Board for a direct response. Carried Unanimously.
Communication No. 285 - Mr. Lino Rossi, President, Niagara Gateland Development
Ltd. - Re: Meadow Creek Draft Plan of Subdivision. The communication provides
comments and objections to the Meadow Creek Draft Plan of Subdivision.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Cummings, that
the matter be referred to staff. Carried Unanimously
REPORTS
MW-97-139 -Chairperson, Municipal Parking & Traffic Committee - Re: Municipal
Parking & Traffic Committee Recommendations - October 21, 1997 Meeting. The
report recommends the following:
MW-97-131 - School Crossing Guard Studies - Various Locations - that 1) the school
crossing guard be removed during the noon period at the following locations: I) Franklin
Avenue at Culp St., ii) Portage Road at North St., iii) Lundy's
MW-97-96 - Lion's Park (Chippawa) - Parking Review - that 1) the existing two no parking
signs are removed and replaced with four no parking signs at the southeast corner of
Lion's Park opposite the Chippawa Fire Hall; that 2) "No Thoroughfare" signs are installed
at both the northeast and southwest entrances to the Chippawa Fire Hall property; and 3)
To Co-ordinate a plan with the Fire Hall regarding the posting of emergency No Parking
signs during special events;
MW-97-116 -Valley Way- Heavy Vehicle Restriction -that 1) a heavy vehicle restriction
be implemented on Valley Way between Stanley Avenue and Victoria Avenue; that 2)
Parking and Traffic By-law 89-2000 be amended to reflect the existing heavy vehicle
restriction on McRae St. between Stanley Avenue and Victoria Avenue and on Stamford
St. between Stanley Avenue and Victoria Avenue;
MW-97-129 - Tad Street at Kirkland Drive - Traffic Operations Review - that the All Way
Stop control be removed at the intersection of Tad Street and Kirkland Drive;
MW-97-117 - Caledonia St. at Adams Ave. Intersection Control Review - that 1 ) the Yield
sign on Adams Avenue at Caledonia Street remain in place; that 2) a 30 km/h tab sign be
posted beneath the yield sign; that 3) a Curve Ahead warning sign be installed on
Caledonia Street west of Adams Avenue; and 4) that the Niagara Regional Police be
requested to provide selective enforcement of the 50 km/h speed limit on Caledonia Street;
MW-97-118 - Dawson St. at University Ave./Woodside Dr. - All Way Stop Request - that
1) an All Way Stop be installed at the intersection of Dawson St. and University
Ave./Woodside Dr., 2) that a 50 km/h speed limit sign be installed at both ends of Dawson
Street; 30 that the Niagara Regional Police be requested to frequently enforce the speed
limit on Dawson Street;
MW-97-119 - Brookdale Drive at Preston Avenue - Intersection Control Review - that a
stop sign be installed on the east approach of Preston Avenue at Brookdale Drive;
MW-97-120 - Dunn St. at Harevics Lane/Warden Avenue - Intersection Control Review -
that the yield signs on the north and south approach at the intersection of Dunn Street at
Harovics Lane/Warden Avenue be replaced with stop signs;
MW-97-122 - Barker Street - Parking Review - that 1 ) the corner restriction on the north
side of Barker Street be extended to a point 50 metres east of Drummond Road; 2) that
a corner restriction be installed on the south side of Barker Street from Drummond Road
to 15 metres west, at all times; and 3) that regular by-law enforcement be carried out on
Barker Street in the vicinity of Battlefield Elementary School after 3:00 p.m.;
MW-97-130 - Willoughby Drive and Cattell Drive - Intersection Control Review - that 1 ) an
all-way stop control be installed at the intersection of Willoughby Drive and Cattell Drive;
2) that the assistance of a school crossing guard be maintained at the intersection of
Willoughby Drive and Cattell Drive; 3) that the Niagara Regional Police be requested to
enforce the 50km/h speed limit on Willoughby Drive; 4) that staff investigate the need for
traffic signals at this intersection;
MW-97-121 - Ellen Avenue at Walnut Street - All way Stop Request - that 1) an all way
stop not be installed at the intersection of Ellen Avenue and Walnut Street; 2) that a stop
bar and crosswalk be painted on Ellen Avenue at Walnut Street.
ORDERED on the motion of Alderman Ward, seconded by Alderman Pietrangelo, that the
report be received and adopted. The motion Carried with Aldermen Campbell and Janvary
abstaining from the vote on Report MW-97-131 on conflicts of interest previously noted
and with all others voting in favour.
See By-law No. 97-219
See By-law No. 97-220
His Worship Mayor Thomson referred to a petition submitted by Mr. Peter Borboros
and residents from the Franklin Avenue and Taylor Street area requesting that an All Way
Stop be installed.
Alderman Victor Pietrangelo requested the status on the All Way Stop Signs at
Delta/Malibu and Beaverdams at Booth/Watson. He was advised that the matter would be
dealt with at the next Parking & Traffic Committee meeting.
MW-97-140 - Chief Administrative Officer - Re: Award of Contract #97-15, Supply of
Services for the Snowplowing of Parking Lots (Additional Information) The report
recommends that the recommendations outlined in Report No. MW-97-128 (attached), be
approved, as recommended by staff.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
See By-law No. 97-214
F-97-64 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that Council approve the accounts totalling $1,959,619.65 for the period
ending November 3, 1997.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell,
that the report be received and adopted. The motion Carried with Aldermen Craitor,
Cummings, Susin, Orr and Ward abstaining from the vote on conflicts of interest previously
noted and with all others voting in favour.
See By-law No. 97-224
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the actions taken on the following matters by Committee of the Whole, earlier this evening,
be approved:
Lawsuit by Peninsula Maintenance against the City and Barry Cameron - that the City take
all the necessary steps to defend this action and that outside legal council be retained and
to co-ordinate this matter with the Solicitor for Barry Cameron, defendant, an employee of
the Niagara Falls Hydro Commission;
[ F II N IllIN
That the lands on Part Lot No. 170, bounded by Montrose Rd. on the West, and Kinsmen
Court on the East, comprising of 26 acres be declared surplus and that a written appraisal
be obtained;
West Niagara Capital Corp. - that a by-law be passed authorizing the entering into an
Agreement of Purchase and Sale between the City of Niagara Falls and West Niagara
Capital Corporation in the form attached in the previous offer with the following exceptions:
a) that the Purchaser agrees to pay a further sum of $75,000 by way of deposit to be
submitted to the City within Sixty (60) days after acceptance of this Offer by Council for the
City of Niagara Falls to be held by him in trust in an interest bearing account pending
completion or other termination of this Agreement and to be credited towards the purchase
price upon completion; and b) that Paragraph Number 4 of Schedule "B" to the Agreement,
which was the Due Diligence Clause be deleted; and the Mayor and Clerk be authorized
to execute the said Agreement; Outstanding Bill of Costs for Redmond Heights - that a final
offer be made to settle the matter; failing which outside legal council be retained to act on
behalf of the City at the assessment hearing.
The motion Carried with Alderman Susin voting contrary to the motion respecting West
Niagara Capital Corp. and with all others voting in favour.
See By-law No. 97-225
See Resolution No. 72
Chippawa BIA Funds
The Director of Community Services provided clarification with respect to the
Chippawa BIA budget and advised that the budget which was approved for the Chippawa
BIA at the last Council meeting had been done prematurely; he further advised that the
Constitution of the BIA required that a General Membership meeting be held in order to
approve the budget before coming to Council, and since that did not occur, funds would
be held and not be released, until such a meeting would take place.
CD-97-35 - Chief Administrative Officer - Re: Silver Cross Mothers Flag. The report
recommends that Council authorize the purchase of a Silver Cross Mothers Flag from
Peninsula Flag.n. Pole at a cost of $629.37.
ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the report
be received and adopted. Carried Unanimously.
Following some discussion, it was ORDERED on the motion of Alderman Ward,
seconded by Alderman Fisher, that staff be directed to replace the rope used for the flag
at Cummington Square with a cable and a lock. Carried Unanimously.
L-97-78, Browne Agreement with the City Building Permit; Testamentary Devise
Detenbeck Road. The report recommends that the City of Niagara Falls enter into an
agreement dated October 22, 1997 between Lynn Browne and the City regarding
application for a Building Permit for a testamentary devise lot on Detenbeck Road,
attached hereto as Appendix 'A'.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, 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. 97-222
RESOLUTIONS
NO. 70 - CUMMINGS - PIETRANGELO - RESOLVED that Alderman Gary Hendershot
be appointed Acting Mayor for the period of November 12, 1997 to November 21, 1997
inclusive; during the absence of His Worship Mayor Wayne Thomson.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 71 - PIETRANGELO - HENDERSHOT - RESOLVED that the meeting of Council
scheduled for November 17, 1997 be cancelled and further that a subsequent meeting of
Council be held on November 24, 1997.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 72 - CUMMINGS - CRAITOR - BE IT RESOLVED that the lands owned by the City
of Niagara Falls and described as Part of Stamford Township Lot 170, bounded by
Montrose Road on the West and Kinsmen Court on the East, on the North side of McLeod
Road, comprising of 26 acres, be declared surplus.
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 following by-laws, and the by-laws be read a first
time:
97-214
A by-law to authorize the execution of an Agreement with John van der
Weyden operating business as Niagara Commercial Contracting for the
1997/1998 snowplowing of parking lots for Areas 1 and 2.
97-219
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Stop Signs, Through Highways, Heavy Vehicles)
97-220
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking)
97-221
A by-law to amend by-law No. 94-42, as amended, being a by-law respecting
buildings and building permits.
97-222
A by-law to authorize the execution of an Agreement with Lynn Browne as
a condition of building permit application for a testamentary devise lot on
Detenbeck Road.
97-223
A by-law to authorize the execution of a Release of an Encroachment
Agreement with Ontario Realty Corporation for the purpose of releasing
Ontario Realty Corporation from the terms and conditions of an
Encroachment Agreement dated February 8, 1983.
97-224 A by-law to authorize monies for General Purposes (November 3, 1997)
97-225
A by-law to authorize the entering into and execution of an Agreement of
Purchase and Sale with West Niagara Capital Corporation.
97-226
A by-law to authorize the execution of an Assignment of Parking Agreement
with Ontario Realty Corporation, as Assignor and O & Y Properties Inc., as
Assignee respecting 25 parking spaces in various City parking facilities.
I I I1 II IIIII
97-227 A by-law to authorize the execution of an Assignment of Parking Agreement
with Ontario Realty Corporation, as Assignor and O & Y Properties Inc., as
Assignee, respecting 175 parking spaces in various City parking facilities.
The motion Carried with Alderman Pietrangelo abstaining from the vote on By-law No. 97-
222 on a conflict of interest previously noted; Aldermen Craitor, Cummings, Susin, Orr and
Ward abstaining from the vote on By-law No. 97-224 on conflicts of interest previously
noted; and Alderman Susin voting contrary to the motion on By-law No. 97-225 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:
97-214
A by-law to authorize the execution of an Agreement with John van der
Weyden operating business as Niagara Commercial Contracting for the
1997/1998 snowplowing of parking lots for Areas 1 and 2.
97-219
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Stop Signs, Through Highways, Heavy Vehicles)
97-220
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking)
97-221
A by-law to amend by-law No. 94-42, as amended, being a by-law respecting
buildings and building permits.
97-222
A by-law to authorize the execution of an Agreement with Lynn Browne as
a condition of building permit application for a testamentary devise lot on
Detenbeck Road.
97-223
A by-law to authorize the execution of a Release of an Encroachment
Agreement with Ontario Realty Corporation for the purpose of releasing
Ontario Realty Corporation from the terms and conditions of an
Encroachment Agreement dated February 8, 1983.
97-224 A by-law to authorize monies for General Purposes (November 3, 1997)
97-225
A by-law to authorize the entering into and execution of an Agreement of
Purchase and Sale with West Niagara Capital Corporation.
97-226
A by-law to authorize the execution of an Assignment of Parking Agreement
with Ontario Realty Corporation, as Assignor and O & Y Properties Inc., as
Assignee respecting 25 parking spaces in various City parking facilities.
97-227 A by-law to authorize the execution of an Assignment of Parking Agreement
with Ontario Realty Corporation, as Assignor and O & Y Properties Inc., as
Assignee, respecting 175 parking spaces in various City parking facilities.
The motion Carded with Alderman Pietrangelo abstaining from the vote on By-law No. 97-
222 on a conflict of interest previously noted; Aldermen Craitor, Cummings, Susin, Orr and
Ward abstaining from the vote on By-law No. 97-224 on conflicts of interest previously
noted; and Alderman Susin voting contrary to the motion on By-law No. 97-225 and with
all others voting in favour.
I!!1111, II [ [ I1 I IIIll
NEW BUSINESS
Changes to Polling Stations for 1997 Municipal Election
Aldern~an Pat Cummings requested further information on the changes in the polling
stations as a result of the recent teacher's labour dispute. The City Clerk advised that due
to the uncertainty surrounding the availability of schools as voting places as a result of the
present labour dispute between the Ontario Government and its school teachers, polling
stations had been relocated and he provided the names of the Schools and the alternate
voting locations.
Bill 160
Alderman Gary Hendershot provided comments ~elating to Bill 160 and requested
that a letter be forwarded to the Provincial government rE;questing that they further mediate
with the teachers in good faith.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that a letter be forwarded to the Provincial government requesting that they further mediate
with the teachers in good faith. The motion Carried witl'. :Aldermen Campbell, Janvary and
Pietrangelo abstaining from the vote on conflicts of inb.~rest, because they are employed
by the School Board and with all others voting in favoL,'.
Council Past Term Comments
Alderman Gary Hendershot thanked City staff fc r their co-operation and assistance
during his tenure as an Alder. san and he thanked May:?r Thomson for his leadership and
for providing stability to the City; he further wished the n'~embers of Council the best of luck
in the upcoming Municipal election.
Cancellation of November 17. 1997 Council Meeting
His Worship Mayor Thomson requested that the scheduled Council meeting of
November 17, 1997 be cancelled and that a subsequent meeting of Council be held on
November 24, 1997.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot,
that the meeting of Council scheduled for November 17, 1997 be cancelled and further that
a subsequent meeting of Council be held on November 24, 1997. Carried Unanimously.
Letters of Appreciation
Alderman Shirley Fisher requested that a letter of thanks be forwarded to Mr. Daryl
Hudson in appreciation for his service on the Recreation Commission.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that a
letter of thanks be forwarded to Mr. Daryl Hudson in appreciation for his service on the
Recreation Commission. Carried Unanimously
Alderman Shirley Fisher referred to a recent "Letters to the Editor" article from
Marge & Joe Sunstrum regarding a car accident on August 30, 1997 and commending the
Willoughby Fire Department volunteers for their rescue efforts. Alderman Fisher requested
that a letter of appreciation be forwarded to the Willoughby Fire Department.
I [ II II IllIN
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ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that a letter
of appreciation be forwarded to the Willoughby Fire Department for their excellent rescue
efforts during a recent car accident on August 30, 1997. Carried Unanimously.
Region-Wide Smoke Free Public Places By-law
Alderman Norm Puttick advised that the Region-Wide Smoke-Free Public Places
By-law would be implemented on January 19, 1998 during National Non-Smoking Week.
Thorold Stone Road Overpass
Alderman Norm Puttick enquired whether the tender for the Thorold Stone Road
Overpass had been let. He was advised by the Director of Municipal Works that the matter
would be looked into.
Election Signs
Alderman Kim Craitor expressed concerns with respect to Election signs being
placed at cemeteries.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
liBIll [[ [ I [1 · IIIll
TWENTY-SEVENTH MEETING
COMMITTEE-OF-THE-WHOLE
Committee Room #2
November 24, 1997
Council met on Monday, November 24, 1997 at 6:15 p.m. in Committee-of-the-
Whole. All members of Council, with the exception of Alderman Cummings who was away
on vacation and Alderman Craitor, who was away on business, were present. Alderman
Paisley Janvary presided as Chairman.
Following consideration of the items presented, the Committee-of-the -Whole rose
to report in open session.
READ AND ADOPTED,
REGULAR COUNCIL MEETING
Council Chambers
November 24, 1997
Council met on Monday, November 24, 1997 at 7:00 p.m. for the purpose of
considering Regular Business Matters. All members of Council, with the exception of
Alderman Cummings who was away on vacation and Alderman Craitor, who was away on
business, were present. Alderman Selina Volpatti offered the Opening Prayer.
His Worship Mayor Thomson extended a welcome to the Aldermen Elect who were
present in Council Chambers.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
Minutes of the Special Meeting of Council held on November 3, 1997 be adopted as
printed. Carried Unanimously,
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Campbell indicated a pecuniary interest on Report F-97-65, Cheque No.
233863, because he was the recipient of an election deposit refund.
Ilillll I| I r II I Iiiii
Alderman Fisher indicated a pecuniary interest on Report F-97-65, Cheque No.
233953, because she was the recipient of an election deposit refund; and Cheque No.
233566 which was a tax appeal.
Alderman Hendershot indicated a pecuniary interest on Report F-97-65, Cheque
No. 233740, because he was the recipient of an election deposit refund.
Alderman Janvary indicated a pecuniary interest on Report F-97-65, Cheque No.
233871, because she was the recipient of an election deposit refund.
Alderman Pietrangelo indicated a pecuniary interest on Report F-97-65, Cheque
Nos. 233734, because he was the recipient of an election deposit refund; and Cheque No.
233575, which was a tax appeal.
Alderman Susin indicated a pecuniary interest on Report PD-97-108 and on Report
F-97-65, Cheque No. 233431 because he holds a mortgage on property on a parcel of land
on John St. and River Road; and indicated a pecuniary interest on Report F-97-65, Cheque
Nos. 233720 and 233742 because members of his family are volunteer firefighters; and
indicated a pecuniary interest on Cheque No. M92084 and M7063; M7062 because some
work was done in the area of his mother's residence.
Alderman Volpatti indicated a pecuniary interest on Report F-97-65, Cheque
No.233877, because she was the recipient of an election deposit refund.
Alderman Ward indicated a pecuniary interest on Report F-97-65, Cheque No.
233329 and 233045 because he has a business interest; and on Cheque No. 233955,
because he was the recipient of an election deposit refund.
DEPUTATIONS
All-Way Stop
Mrs. Brenda Hicks was not in attendance with respect to the matter of an All-way
stop at Ellen Avenue and Walnut Street.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Janvary, that the
matter be deferred until a telephone survey is conducted with the remainder of the
residents in the area for further input. Carried Unanimously.
1997 Wheel World Car Exhibition
His Worship Mayor Thomson introduced Mr. Jim McBurney, who provided
information on the "Wheel World" Car Exhibition which was being held from November
28th to 30th, 1997 at the SkyIon Tower and thanked Mayor Thomson and members of
Council for their continued support and invited everyone to attend.
COMMUNICATIONS
Communication No. 286 - City of North York - Re: Commercial Sexual Exploitation of
Children. The communication requests that Council support a resolution endorsing the
Declaration and Agenda for Action which was unanimously accepted by the delegations
of 119 governments at the World Congress Against the Commercial Sexual Exploitation
of Children on August 28, 1996 in Stockholm, Sweden;
IlHI: ',r I I I! I IllIN
and that the Federal, Provincial, Regional and Municipal governments be requested to take
similar action; and that the International Covenant on the Rights of the Child be
incorporated directly into Canadian Law, and the necessary changes be made to all the
laws and regulations to bring them into congruency with the requirements of the Covenant.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the
request be supported and that a copy be forwarded to our local M.P.P. and M.P. for their
information. Carried Unanimously
Alderman Campbell entered the meeting.
Communication No. 287 - Niagara Concerts - Re: 1998 City of Niagara Falls grant. The
communication advises that Niagara Concerts is currently self-supporting and suggesting
that their grant be given to some other cultural organization to encourage and promote their
growth.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the
communication be received and filed for the Information of Council. Carried Unanimously
Communication No. 288 - The Niagara Falls Soccer Club Inc. (Boys) - Re: Use of the
City's New Logo. The communication advises that the Niagara Falls Soccer Club Inc.
(Boys) has been using part of the City logo for the past number of years and requesting
Council permission to use the City's new logo.
ORDERED on the motion of Alderman Susin, seconded by Alderman Orr, that the request
be approved. Carried Unanimously
Communication No. 289 - Donald E. Bandy; Gordon P. Counsell and Phillip J.
Mazzone on behalf of the PinedalelCherryhill residents - Re: Ongoing problems in the
Pinedale Drive/Cherryhill area. The communication expresses various traffic congestion;
parking; rubbish and excessive noise concerns.
- AND -
Communication No. 290 - Memorandum from Manager, By-Law Enforcement &
Renewal.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that
the matter be referred to the Mayor's office to resolve the matter. Carried Unanimously
Communication No. 291 - Petition from the concerned residents on Marcon Street -
Re: Park Access. The communication expresses safety concerns with respect to access
to Mulhern Park.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that
the matter be referred to staff for a further report and that the Manager of Parking and
Traffic be directed to have the appropriate signs posted. Carried Unanimously
Communication No. 292 - Pat Cummings - Re: Recommendation from the Parking &
Traffic Committee. The communication provides a response to the recommendation from
the Parking Traffic Committee that the fines for parking illegally in a handicap designated
parking spot not be increased.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that
the matter be deferred to the December 15, 1997 Council meeting. The motion Carried
with Alderman Volpatti voting contrary to the motion and with all others voting in favour.
Communication No. 293 - Paul Foy, President, Paul Foy - Re: Placement of Posts on
City property. The communication requests that Council permit the placement of posts on
City property on the west side of the sidewalk, and further that permission be granted to
put up a gate at the north end of the property where the Hydro right of way exists.
I!!1111, II [ r I] I Iiiii
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the request be endorsed and further that the matter be forwarded to the Region for
approval. Carried Unanimously
REPORTS
CS-97-08 - Chief Administrative Officer - Chippawa Willoughby Community Centre;
Pool Expansion. The report recommends for the Information of Council.
ORDERED on the motion of Alderman Ward, seconded by Alderman Campbell, that the
report be received and filed. Carried Unanimously
F-97-66 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that Council approve the accounts totalling $1,652,124.97 for the period
ending November 24, 1997.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot,
that the report be received and adopted. The motion Carried with Aldermen Campbell,
Fisher, Hendershot, Janvary, Pietrangelo, Susin, Volpatti and Ward abstaining from the
vote on conflicts of interest previously noted and with all others voting in favour.
See By-law No. 97-236
R-97-60 - Chief Administrative Offic,;r - Re: Petty Cash and Cellular Phone Usage.
The report recommends that the report be for information of Council.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the report be received and filed. Carried Unanimously.
R-97-55 - Chief Administrative Officer - Re: War Memorial in Cummington Square.
The report recommends to fabricate a bronze plaque for the War Memorial in Cummington
Square, at a cost of $3,506.60, excluding installation.
ORDERED on the motion of Alde,,an Fisher, seconded by Alderman Ward, that the report
be received and adopted. Carried Unanimously.
PD-97-103 - Chief Administrative Officer - Re: SPC24197, Application for Site Plan
Approval; 2684 Mewburn Road; Proposed 21-unit Townhouse. The report
recommends the following:
That Council approve the site plan for a proposed 21-unit townhouse development
located at 2684 Mewburn Road;
2. That Council approve an amendment to the City's Fire Route, By-law 80-114, to
include the Fire Access Route of this development.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
See By-law No. 97-229
PD-97-104 - Chief Administrative Officer - Re: SPC-23/97, Application for Site Plan
Approval; 4555 Kent Street; Proposed Lumber Yard. The report recommends that
Council approve the site plan for a proposed lumber yard located on the northwest corner
of Kent Street and Industrial Avenue.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
PD-97-105 - Chief Administrative Officer - Re: Request for Extension to Draft Plan
Approval Mewburn Heights, 26T-93008 (Revised); Owner - QEW Mount Properties
Inc. The report recommends the following:
That a Council resolution supporting a one-year extension to draft plan approval for
the Mewburn 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;
!!11] r I I I'1 IllIN
- 5 -
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 AIderman Hendershot, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 74
PD-97-106 - Chief Administrative Officer - Re: Request for Extension to Draft Plan
Approval Mount Carmel Norl;i (Phase 3); 26T-89009 (Revised); Owner - K. DeGiorgio.
The report recommends the following:
That a Council resolution supporting a one-year extension to draft plan approval for
the Mount Carmel North (Phase 3) 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;
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 Hendershot, seconded by Alderman Volpatti, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 75
PD-97-107 - Chief Administrative Officer - Re: 5986 Drummond Road; C. Holman
Rezoning to implement O.M.B. Decision. The report recommends that Council pass the
by-law prepared for 5986 Drummond Road which will implement the Ontario Municipal
Board order.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the
report be received and adopted and further that a copy be forwarded to Mr. Wayne Scott.
Carried Unanimously.
See By-law No. 97-235
PD-97-108 -Chief Administrative Officer- Re: Update on Building Heights Mediation
and the Tourist Area Development Strategy Study. The report recommends the
following:
That staff be directed to convene a meeting with representatives of the Niagara
Parks Commission and City Council to receive a presentation from David Crombie;
That decisions on development applications not be made, as requested by Mr.
Crombie, until both parties have had time to consider the Berridge, Lewinberg,
Greenberg, Dark, Gabor Vision Statement and the Crombie mediation report;
3. That the Tourist Area Development Strategy Consultants be instructed to
commence meetings with individual stakeholders and identified agencies.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the report be received and adopted. The motion Carried with Alderman Susin abstaining
from the vote on a conflict of interest previously noted and with all others voting in favour.
CD-97-36 - Chief Administrative Officer - Re: Declaration of Results - Questions. The
report recommends that the information contained in this report be received and filed for
the information of Council.
- AND -
Regional Municipality of Niagara Report CAO-26-97; Results of Questions on
Governance on Municipal Ballots.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the reports be received and filed. Carried Unanimously,
II~111 I[ I ~ I] I IIIII
CD-97-37 - Chief Administrative Officer - Re: Sunday LCBO/Beer Store Opening. The
report recommends that the report be for the consideration and direction of Council.
Mr. C. J. Hell, Vice President of Public Affairs, Brewers of Ontario, and Mr.
Stave MacFarland, Area Manager were in attendance. Mr. Hell provided background
information on the Beer Store and their association with Niagara Falls; discussed the
economic and service factors to the City; the support of local initiatives within the
community; advised that 80% their customers have asked for extended hours and the
right to make purchases on Sundays. Mr. Hell requested Council support for the
permanent opening of the LCBO and the Beer Store outlets on Sundays.
Mr. Mario Criviller, Niagar;~ Falls Brewing Company, advised that Niagara Falls
Brewing Company was a "tourist ;! .~raction" in the City and expressed great concerns of
the impact that Sunday openings..f the LCBO and the Brewers Retail would have on his
micro-brewery.
Ms. Raffaella Feneli-Wiel~le, Controller, Niagara Falls Brewing Company,
suggested that the breweries have ~xtended evening hours during the week; indicated that
the micro-brewery provides a tourist service which brewers retailers do not provide; and
she was of the opinion that the reti~il brewery outlets did not require Sunday openings.
Mr. Ted Campbell, Manag~r's Assistant, Beer Store, Stamford Centre, advised
that approximately 80% of the bh,~wer's retail customers would like to have Sunday
openings and also that the brewe~'s retailers just want to present their product to the
customers. ~
Following the discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Volpatti, tha! the Corporation of the City of Niagara Falls advise the
Chairman of the LCBO, of their oppe~ition to the opening of the LCBO and Beer Stores on
Sundays. The motion Carried with Adermen Campbell, Fisher and Orr voting contrary to
the motion and with all others voting in favour.
CD-97-38 - Chief Administrative l:)fficer - Re: Special Occasion Permit; Regency
Hockey Club. The report recomme,nds that Council indicate it has no objection to the
issuance of a Special Occasion per~lit to the organization listed in this report.
ORDERED on the motion of AIdermal~l Campbell, seconded by Alderman Hendershot that
the report be received and adopted~' Carried Unanimously.
L-97-81 - Chief Administrative Offi~'.~.r - Re: Release of Site Plan Agreement; 1146705
Ontario Inc., (formerly Greycliff Inn dnc.); 8158 Lundy's Lane. The report recommends
that Council authorize a Release of a Site Plan Agreement to 1146705 Ontario Inc.,
registered in 1986 as Instrument Nuit~ber 479663.
ORDERED on the motion ofAIdermarl Hendershot, seconded by Alderman Fisher, that the
report be received and adopted. Carjied Unanimously.
See By-law No. 97-230
L-97-82 - Chief Administrative OffiCil r - Re: Quit Claim Transfer/Deed to H.J.A. Realty
Limited; 4721 Kent Avenue. The rel: ~rt recommends that Council authorize a Quit Claim
Transfer/Deed to H.J.A. Realty Limited to release the restrictions and covenants contained
in Instrument Number 80002A registered in 1962.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
See By-law No. 97-232
L-97-83 - Chief Administrative Officer - Re: Easement and Licence Agreement with
Bell Canada; John N. Allan Park, Kalar Road. The report recommends that Council
authorize an Easement and Licence Agreement with Bell Canada to permit the
construction and operation of a Bell Station on a portion of John N. Allan Park property.
- 7 -
See By-law No. 97-231
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Pietrangelo, seconded by Alderman Campbell, that the
actions taken on the following matters by Committee of the Whole, earlier this evening, be
approved:
That the City enter into an Agreement of pumhase and sale with 158739 Canada
Inc., for the purchase of lands on Lundy's Lane, described as part Lot 135, Plan 68;
being 100.79 acres more or less at the purchase price of $450,000; with a deposit
of $25,000 payable upon acceptance of the offer; and a further deposit of $25,000
within 120 days of acceptance with the balance on closing; conditional upon the
purchaser having 120 days from date of acceptance to determine and be satisfied
in its sole discretion as to the viability and feasibility of the property for the proposed
development; the agreement is conditional upon the purchaser obtaining official
plan amendment and zoning by-law amendments to permit the construction and
development of the millennium gateway development; that the purchaser submit
planning applications within 180 days of acceptance and the vendor to make
planning decision within 180 days of submission on the planning document and the
purchaser to have 2 years within which to obtain the official plan amendments and
the zoning by-law amendments and the Mayor and Clerk be authorized to execute
the said agreement and that a by-law to execute the agreement be passed.
The motion Carried with Alderman Ward abstaining from the vote on a conflict of interest
and Alderman Puttick voting contrary to the motion and with all others voting in favour.
See By-law No. 97-237
RESOLUTIONS
NO. 73 - JANVARY - FISHER - WHEREAS the Ministry of Consumer and Commercial
Relations through the local Regional Assessment Office is responsible for the preparation
and delivery of the voters list used for municipal elections; AND WHEREAS the
enumeration for the list prepared for use in the 1997 municipal election was contracted to
a third party and conducted by mail at a time that conflicted with the enumeration being
taken for the Federal Election in the Spring of 1997 and thereby causing some confusion
among the electors in the municipality; AND WHEREAS the Province as a cost saving
measure eliminated their sending of the Voter Identification Notice to voters; AND
WHEREAS the only notice that voters received to check the voters list was by way of
newspaper advertisements and public notices posted at the library and other public places
thereby resulting in the omission of the names of numerous voters who had resided at their
current address for many years and who, in fact had been on previous voters lists at the
address; AND WHEREAS this caused a great degree of inconvenience to the voters,
candidates and to election and municipal staff;;: AND WHEREAS the Council of the
Corporation of the City of Niagara Falls finds this situation to be totally unacceptable; NOW
THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara
Falls requests the minister of Consumer and Commercial Relations to take immediate and
appropriate steps to rectify this problem and further, that a full explanation be provided to
this and to all municipalities as to why such an unacceptable list was provided for use in
the municipal elections. AND the Seal of the Corporation be hereto affixed. Carried
Unanimously.
I1~111 li [ I I] I IIIII
NO. 74 - FISHER - HENDERSHOT - RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby supports a one-year extension to the Mewburn Heights
Plan of Subdivision and that the Regional Municipality of Niagara and the applicant be so
informed; conditional upon the applicant submitting a photograph to the City showing the
appropriate subdivision sign on the property for public information purposes.
AND the Seal of the Corporation be hereto affixed. Carried Unanimously.
NO. 75 - HENDERSHOT - VOLPATTI - RESOLVED that the Council of the Corporation
of the City of Niagara Falls hereby supports a one-year extension to the Mount Carmel
North (Phase 3) Plan of Subdivision and that the Regional Municipality of Niagara and the
applicant be so informed; conditional upon the applicant submitting a photograph to the
City showing the appropriate subdivision sign on the property for public information
purposes.
AND the Seal of the Corporation be hereto affixed. Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Ward, seconded by AIderman Campbell, that leave
be granted to introduce the following by-laws, and the by-laws be read a first time:
97-228
A by-law to authorize the execution of an agreement with Grey Forest Homes
Ltd. and others respecting Walnut Grove Condominiums.
97-229
A by-law to amend By-law No. 80-114, as amended, being a by-law to
designate pdvate roadways as fire routes along which no parking of vehicles
shall be permitted.
97-230
A by-law to authorize the execution of an agreement with 1146705 Ontario
Inc. for the purpose of releasing 1146705 Ontario Inc. from the terms and
conditions of a Site Plan Agreement registered on August 21, 1986 as
Instrument Number 479663.
97-231
A by-law to authorize the execution of an easement and licence agreement
with Bell Canada to permit the construction and operation of a Bell Station
on a portion of John N. Allan Park property.
97-232
A by-law to authorize the execution by the Mayor and Clerk of a Quit Claim
Transfer/Deed to H.J.A, Realty Limited to release the restrictions and
covenants contained in Instrument No. 80002A.
97-233
A by-law to authorize the execution of an agreement concerning an
employment matter.
97-234
A by-law to authorize the execution of a subdivision agreement with 942328
Ontario Ltd. respecting the Bambi North Subdivision.
97-235 A by-law to amend By-law 79,200, as amended. (AM13/95, Holman
Property)
97-236 A by-law to authorize monies for General Purposes (November 24, 1997).
97-237
A by-law to authorize the execution of an agreement of Purchase and Sale
with 158739 Canada Inc. for the purchase of lands on Lundy's Lane.
I!llj ;F I I I'11 IIIII I
The motion Carried with Alderman Susin voting contrary to the motion on By-law No. 97-
233 and Aldermen Campbell, Hendershot, Fisher, Pietrangelo, Susin, Janvary, Volpatti and
Ward abstaining from the vote on By-law No. 97-236 on conflicts of interest previously
noted; Alderman Puttick voting contrary to the motion on By-law No. 97-37 and Alderman
Ward abstaining from the vote on By-law No. 97-237 on a conflict of interest and with all
others voting in favour.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
following by-laws be now read a second and third time:
97-228
A by-law to authorize the execution of an agreement with Grey Forest Homes
Ltd. and others respecting Walnut Grove Condominiums.
97-229
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.
97-230
A by-law to authorize the execution of an agreement with 1146705 Ontario
Inc. for the purpose of releasing 1146705 Ontario Inc. from the terms and
conditions of a Site Plan Agreement registered on August 21, 1986 as
Instrument Number 479663.
97-231
A by-law to authorize the execution of an easement and licence agreement
with Bell Canada to permit the construction and operation of a Bell Station
on a portion of John N. Allan Park property.
97-232
A by-law to authorize the execution by the Mayor and Clerk of a Quit Claim
Transfer/Deed to H.J.A. Realty Limited to release the restrictions and
covenants contained in Instrument No. 80002A.
97-233
A by-law to authorize the execution of an agreement concerning an
employment matter.
97-234
A by-law to authorize the execution of a subdivision agreement with 942328
Ontario Ltd. respecting the Bambi North Subdivision.
97-235
A by-law to amend By-law 79,200, as amended. (AM13/95, Holman
Property)
97-236 A by-law to authorize monies for General Purposes (November 24, 1997).
97~37
A by-law to authorize the execution of an agreement of Purchase and Sale
with 158739 Canada Inc. for the purchase of lands on Lundy's Lane.
The motion Carried with Alderman Susin voting contrary to the motion on By-law No. 97-
233 and Aldermen Campbell, Hendershot, Fisher, Pietrangelo, Susin, Janvary, Volpatti and
Ward abstaining from the vote on By-law No. 97-236 on conflicts of interest previously
noted; Alderman Puttick voting contrary to the motion on By-law No. 97-37 and Alderman
Ward abstaining from the vote on By-law No. 97-237 on a conflict of interest and with all
others voting in favour.
II~111 I1 [ I II I IIIII
10-
NEW BUSINESS
Voters List/Method of Enumeration
Mayor Thomson referred to the voters list that was supplied to the Municipal Clerk
and of the method of enumeration used in the preparation of the list; and requested that
a resolution be forwarded to the Hon. David H. Tsubouchi, Minister of Consumer and
Commercial Relations expressing Council's strong opposition to the quality of the voters
list that was provided and was below acceptable standards.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the
Council of the Corporation of the City of Niagara Falls requests the Minister of Consumer
and Commemial Relations to take immediate and appropriate steps to rectify this problem
and further, that a full explanation be provided to this and to all municipalities as to why
such an unacceptable list was provided for use in the municipal elections. Carried
Unanimously
See Resolution No. 73
Misty Awards
Alderman Gary Hende~-;lhot provided an update on the Misty Awards event and
advised that Alderman Norm Puttick had been the recipient of an award for heading the
Casino committee.
Winter Festival of Lights
Alderman Gary Hendemnot provided information on the Winter Festival of Lights
and requested that a letter of appreciation be forwarded to Mr. George Bailey of the
Niagara Parks Commission; M!.. Greg Bailey, Festival of Lights; Mr. Serge Fellicetti, City
of Niagara Falls and Mr. Rick S~:~}kes, on behalf of the Winter Festival of Lights Committee
and the Disney Corporation for their endeavours.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that a
letter of appreciation be forwarded to Messrs. George and Greg Bailey, Serge Felicetti and
Rick Stokes for their endeavouns for the Winter Festival of Lights. Carried Unanimously.
Letters of Condolence
ORDERED on the motion of Alde;'man Fisher, seconded by Alderman Ward, that a letter
of condolence be forwarded to tl'~,; family of the late John Ross Virgin, an active member
of the Naval Association and well-respected citizen of the community. Carried
Unanimously.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that a letter
of condolence be forwarded to the family of the late Alfred Douglas Hicks, Manager of the
Niagara District Ambulance Service and former firefigher with the City. Carried
Unanimously.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Susin, that a letter
of condolence be forwarded to the family of the late Connie Willick, a dedicated member
of the Chippawa community and well-respected citizen of the community. Carried
Unanimously.
II111~ "r [ [ I'll IIIII
11 -
ORDERED on the motion of Alderman Fisher, seconded by Alderman Susin, that a letter
of condolence be forwarded to the family of the late Re¥, ~Fr. Enrico Michetti, retired pastor
of St. Ann's Church. Carried Unanimously.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Susin, that a letter
of condolence be forwarded to the family of the late Gino Mario Fortino, a well-respected
citizen of the community. Carried Unanimously.
Tree Cutting - Muller Property
Alderman Shirley Fisher referred to correspondence from the Manager of
Recreation Programs regarding the matter of logging taking place on the Muller property
located at Oldfield Road and Dorchester Road. It stated that the Region would be
inspecting the site to insure that the cutting is in compliance with the Region's Tree Cutting
By-law.
A Night for Casey
.:
Alderman Shirley Fisher informed Council of a recognition evening for two local
boys, 10-year-old Tyler Garner and II-year-old Derek Beaupre, who assisted a 10-year-old
boy, Casey Walsh who has autism, a pervasive developmental disability that prevents him
from property understanding what he sees, hears and senses. The "Night for Casey" will
be held on December 14, 1997 at 7:30 p.m. at the Chippawa Willoughby Memorial Arena
and invited everyone to attend.
Parking at the Ministry Building
Alderman Shirley Fisher requested that a report be provided regarding the parking
at the Ministry Building. The Director of Community Services advised that discussions are
being held regarding how to better utilize the parking in .that area.
Committee Meetings
Alderman Selina Volpatti referred to the date and time of committee meetings and
the frequency of meetings; and suggested that the attendance of Aldermen be recorded.
Bill 160
Alderman Selina Volpatti discussed the actions of the Provincial government and
Bill 160 and indicated that the Province would now be collecting property taxes for
education purposes and expressed concerns that the government would now be in some
degree of control in this area.
The Director of Finance responded that the Provincial Government is currently
discussing the reassessment of taxes and that tax rates would be set by the Provincial
Government.
IllliE I [ I I I1 I IIIII
12 -
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Puttick, that
Council condemns the actions of the Provincial Government in moving into the collection
of realty taxes to fund their portion of the education system. The motion Carried with
Aldermen Campbell, Janvary and Pietrangelo abstaining from the vote on conflicts of
interest because they are employed by the school board and Alderman Susin voting
contrary to the motion and with all others voting in favour.
Festival of Trees Auction
Alderman Victor Pietrangelo advised that the Festival of Trees Silent Auction,
through Heart Niagara, would be held at the Skyline Brock Hotel on November 29, 1997.
Santa Claus Parade
Aldern~an Paisley Janvary thanked staff and volunteers for all their endeavours in
the very successful Santa Claus Parade.
Council Past Term Comments
Alderman Fermino Susin thanked members of Council for an enjoyable three years
as an Alderman. He also indicated his interest as a citizen representative on the Niagara
Airport Commission and the Niagara River Restoration Committee.
Accounts Supervisor Position
Alderman Judy Orr expressed concerns regard the advertised position of the
Accounts Supervisor. The Director of Corporate Services provided clarification on the
matter and advised that there would be no change in complement.
Following some discussion, it was ORDERED on the motion of Alderman Ward,
seconded by Alderman Puttick, that Council endorses the actions of the Director of
Corporate Services and the Director of Finance in the management of the Finance and
Human Resources Report. The motion Carried with Aldermen Orr and Volpatti voting
contrary to the motion and with all others voting in favour.
Fiscally Responsible Municipalities
Alderman Norm Puttick advised that further to discussions at the AMO Conference
with Mr. Leach that fiscally responsible municipalities would not suffer in the downloading
and that such municipalities would have access to funds on a preferred basis.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Puttick, that
further to discussions at the AMO Conference with Mr. Leach, that fiscally responsible
municipalities would not suffer in the downloading and that such municipalities would have
access to funds on a preferred basis. Carried Unanimously.
11111 ;I I I I: I 11111
13 -
Thorold Stone Bridge
Alderman Norm Puttick indicated that a report regarding the status of the Thorold
Stone Bridge would be provided for the December 8, 1997 Council meeting and inquired
whether the tender had been let. The Director of Municipal Works stated that he would
look into the matter.
YMCA Memberships
ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that a letter
be forwarded to the Region indicating that the City of Niagara Falls is opposed to the
$35,000 for YMCA memberships. Carried Unanimously.
Members of Council's Salaries
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that
the City condemns and strongly opposes the Provincial government's elimination of the tax-
free allowance portion of members of Council's salaries and the loss of $500,000 revenue
from Bell Canada for telephone lines in municipalities. Carried Unanimously.
Proposed Traffic Lighting
Alderman Wayne Campbell referred to 420 and Victoria Avenue interchange and
of concerns expressed by residents in the area regarding the effects of having to use
alternate roads. The Director of Municipal Works advised that discussions regarding the
420 interchange with the Casino Corporation and the Ministry of Transportation are
presently stalled.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Janvary, that
staff be directed to set up a meeting with the MTO to further discuss the matter. Carried
Unanimously.
Council Past Term Comments
Alderman Bruce Ward thanked members of Council and staff for all their
endeavours and assistance during his tenure as an Alderman and stated that he would
continue to make Niagara Falls a better place to live.
frf~fr'k'k
Mayor's Comments
His Worship Mayor Thomson thanked the outgoing members of Council who have
made their mark in the City and indicated that the efforts and focus of the Council will be
for the good of Niagara Falls as a whole.
His Worship Mayor Thomson informed that the Council Inauguration will be held on
Monday, December 1, 1997 at the Optimist Club and would be a community event. He
advised that the fundraiser would be the Public Library and invited everyone to attend.
IllIll. I1 [ r l] I IIIII I
14 -
ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
I!'ill !l I I~ II IIIII
INAUGURAL MEETING
Optimist Club
December 1, 1997
In accordance with the provision of The Municipal Act and By-law No. 89-
155 of the City of Niagara Falls, the Council met at 7:30 p.m. in the Main Hall of the
Optimist Club. The City Clerk called the 1997 Inaugural Meeting of Council to order.
The Council included His Worship Mayor Wayne Thomson, and Aldermen Wayne
Campbell, Kim Craitor, Ken Feren, Shirley Fisher, Paisley Janvary, Edward Michalczyk,
Judy Orr, Victor Pietrangelo, Norman Puttick, Selina Volpatti and Janice Wing. All
members of Council, with the exception of Alderman Pat Cummings, who was on
vacation, were presenL
Reverend John James offered the Prayer of Invocation.
The City Clerk called upon His Honour Judge Wallace to administer the
Oaths of Office to Wayne Thomson and the Aldermen.
City Clerk.
The Statutory Declarations of Office and Qualifications were filed with the
Resolution No. 76 - Moved by Alderman Craitor, seconded by Alderman
Pietrangelo, to Resolve that the Council of the Corporation of the City of Niagara Falls
express its thanks to Reverend John James for his offering of the opening Prayer at this
Inaugural meeting. Carried Unanimously.
Resolution No. 77 - Moved by Alderman Puttick, seconded by Alderman
Orr, to Resolve that the Council of the Corporation of the City of Niagara Falls express
its thanks to His Honour, Judge Donald Wallace for presiding over the Declaration of
Office and the Oath of Allegiance ceremony at this Inaugural meeting. Carried
Unanimously.
His Worship Mayor Thomson expressed thanks to Cynthia Roberts and
Janice Kilty for their involvement and endeavours in the Inaugural; to the Master of
Ceremonies, Gary Hendershot; Town Crier, Derek Tidd; Piper John Gray; Veterans
Colour Guard and Sergeant-at-Arms Wayne Allan; His Honour Judge Donald Wallace;
Reverend John James and Reverend Duncan Lyon and Ashley Gallardi. Mayor
Thomson thanked the citizens of Niagara Falls for their attendance and support of the
fundraising event for the Library Board and introduced the new members of Council.
Mayor Thomson provided the highlights of the past six years which
included no tax increases; the introduction of market value assessment; the re-
organization of City Hall and of $2.5 million in savings in the budget through attrition
and early retirement; the importance of retaining historical properties in the City; the
building of the Ministry of Tourlsm Building; he stated that he was very optimistic about
the future of Niagara Falls with the development of 13 more hotels, three major
shopping outlets, a new arena facility and indoor pooL Mayor Thomson advised that
budget discussions would be commencing with an objective of a zero budget; referred
to the implementation and utilization of water meters; the establishment of an Official
Tourism Plan; the removal of the rail line through the tourist area and indicated that the
new Council will have to work as a team to bring the City to the millennium.
!1111' I1 I f I11 IIIII
-2-
Following Mayor Thomson's address, Reverend Duncan Lyon offered the
Closing Prayer.
Resolution No. 78 - Moved by Alderman Janvary, seconded by Alderman
Fisher, to Resolve that the Council of the Corporation of the City of Niagara Falls
express its thanks to Reverend Duncan Lyon for his offering of the closing prayer at this
Inaugural meeting. Carried Unanimously.
His Worship Mayor Thomson presented tokens of appreciation to Gary
Hendershot, Fermino Susin and Bruce Ward and wished them well in all their future
endeavours.
Mayor Thomson informed that Alderman Norm Puttick would Chair the
Community Services Committee; that Alderman Pat Cummings would Chair the
Corporate Services Committee and that Alderman Kim Craitor would Chair the Parking
and Traffic Committee for the 1998-2000 term.
Resolution No. 79 - Moved by Alderman Campbell, seconded by Alderman
Volpatti, that the Inaugural meeting of the Council of the Corporation of the City of
Niagara Falls be adjourned. Carried Unanimously.
READ AND ADOPTED,
Ihll :l I I F II IIIII
TWENTY-NINTH MEETING
COMMITTEE-OF-THE-WHOLE
Committee Room #2
December 8, 1997
Council met on Monday, December 8, 1997 at 6:20 p.m. in Committee-of-the-
Whole. All members of Council, with the exception of Alderman Cummings, who was away
on vacation, were present. Alderman Judy Orr presided as Chaifiiian.
Following consideration of the items presented, the Committee-of-the -Whole rose
to report in open session.
READ AND ADOPTED,
PLANNING MEETING
Council Chambers
December 8, 1997
Council met on Monday, December 8, 1997 at 7:00 p.m. for the purpose of
considering Planning and Regular Business Matters. All members of Council, with the
exception of Alderman Cummings, who was away on vacation, were presenL Alderman
Victor Pietrengelo offered the Opening Prayer.
His Worship Mayor Thomson introduced Reporter, Virginia St-Denis, from the
Weekly Chronicle to members of Council.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Campbell indicated a pecuniary interest on Report F-97-67, OHRP Loans,
because he holds a mortgage in the organization.
Alderman Craitor indicated pecuniary interests from the meeting of November 24,
1997 on Report F-97-65, Cheque No. 233938, because he was the recipient of an election
refund; on Cheque No. 233912 because the recipient is his employer; on Cheque Nos.
233372; 233921; 23344 and M92073, because a member of his family is employed by the
Region.
Alderman Craitor indicated pecuniary interests from the meeting of December 8,
1997 on Report F-97-68, Cheque Nos. 234283; 234295; M92100; M92099; 234352,
because a family member is employed by the Region.
I I I III IIIII
Alderman Feren indicated a pecuniary interest on the matter dealing with the
Brewers Retail because a family member is employed by them.
Alde~7~an Michalczyk indicated pecuniary interests on Report F-97-68, Cheque Nos.
234144; 234389; 234212; 234177; 234277; 234178; 234176;234372; 234107; 234373;
234229; 234204; 234220; 234144; 234145; 234292; 234332; 234175; 234 321; 234159;
234147; 234213; 234167; 234223; 234285; 234174; 234316; 234197; 234137; and on
Report FD-97-15, because he is a volunteer firefighter.
Alderman Wing indicated a pecuniary interest on Report F-97-68, Cheque No.
234235, because she is involved with the interest group; and indicated pecuniary interests
on Cheque Nos. 234281, 234305 and 234163, because she has a business relationship.
PRESENTARONS
Chippawa Business Association
Mr. Skip Eskildsen, President, Chippawa Business Association, provided an
update on the activities of the Chippawa Business Association; discussed the '~dopt a
Street" program and the beauti~cation of Chippawa; referred to "Celebrate Chippawa
Days" being held in June, 1998; and presented the "Chippawa Historical Christmas Tree
Omamenr' to His Worship Mayor Thomson.
Lighting for Cummington Square
Mayor Thomson referred to the lighting at Cummington Square that would
upgrade and improve the Square and suggested the lights be ordered and staff be
instructed to complete the lighting.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, to order the
lights for Cummington Square and instruct staff to install and complete the lighting.
Carried Unanimously.
Communication No. 294a) - Chippawa Business Association - AND - Communication
No. 294b) Garth Hutcheon;- AND - Communication No. 294c) Garry D. Lemon;- AND
- Communication No. 294d) Marie Middlemiss - Re: Historical Style Street Lamps for
Cummington Square. The communications refer to the consideration for the installation
of historical style street lamps at Cummington Square.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the
correspondence be received and filed. Carried Unanimously.
Project Red Ribbon f997
Katheryn Wilson, Director Student Services, Westlane Secondary School along
with Danielle Nepp, Jen Koch, Sean Chamberland (Westlane Chapter); Stephanie
Sutherland, Amy Theobald (Stamford CVI Chapter) representatives from the Ontario
Students Against Impaired Driving (OSAID) and Angela Mazzolino, Chairperson, Niagara
Against Drunk Driving (NADD) were in attendance and provided information on the Project
Red Ribbon 1997 Campaign; distributed red ribbons and requested Councirs support of
the campaign by flying red ribbons on their vehicles and City vehicles.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Creitor, that
Council supports the Red Ribbon campaign. Carried Unanimously.
~ II IIII! I
- 3 -
UNFINISHED BUSINESS
Sunday Openings of LCBO and Beer Stores in Niagara Falls
Mr. John Quinn, Manager, LCBO Outlet, Ferry Street, was in attendance to
readdress the issue of Sunday openings of LCBO stores; advised that the Province was
prepared to open the Bridge Street, Lundy's Lane and Stamford Centre outlets on Sundays
until March 31. 1998, after which time, a business review would be made to see whether
it would warrant for all the stores to be open. He advised that the corporate standpoint
was to neither promote nor solicit for Sunday openings, but only to offer an option to the
various municipalities.
Discussions were held on the issue of requesting the Provincial government to
permit micro-breweries to control their own prices in order to gain a competitive edge and
that the municipality receive a percentage of the Sunday profits.
Mr. Criveller, Niagara Falls Brewing Company, expressed concems with respect
to the issue of beer sales and pricing; Sunday openings and the survival of his company.
Following the discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Orr, that Council advise the Chair of the LCBO and Beer Stores
that Council approves the opening of the LCBO and Beer Stores on Sundays. The motion
Carried with Aldeiii~an Feren abstaining from the vote on a conflict of interest and
Alderman Puttick voting contrary to the motion.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the
municipality wishes to negotiate with the Provincial Government for the possibility of the
municipality receiving a percentage of the Sunday profits and further that the govemment
permit micro-breweries to control their own prices.
The motion Carried with Alderman Feren abstaining from the vote on a conflict of interest
and with all others voting in favour.
PLANNING MATTERS
PD-97-96 - Chief Administrative Officer- Re: Zoning by-law Amendment Application
and Subdivision Application; AM-29/97 & 26T-11-9702; West Meadow (Plan 2) Plan
of Subdivision; Wedgewood Builders of Niagara Limited c/o Donna Waiters. The
report recommends the following:
That Council approve the West Meadow (Plan 2) draft plan of subdivision 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 Council's decision has been given as required by the Planning
Act, provided no appeals of the decision have been lodged;
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;
That Counc~ approve the application to amend the Zoning by-law to provide the
necessary land use regulations to guide the development of the subdivision.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
I B I I]1 IIIll
The Acting City Clerk advised that the Notice of the Public Meeting had been given
in accordance with Regulations on September 19, !1997
His Worship Mayor Thomson received indication that the applicant Mr. Bill Waiters
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.
There was a negative response to Mayor ; !~omson's request for comments from
persons, other than the applicant or his agent, in su~;port of the application and a negative
response in opposition to the application.
The Director of Planning and Development rg.ferred to the subject property with the
assistance of posted sketches; reviewed the Planning Review and the Public Notification
Process.
The Director of Municipal Works responded '~ concems with respect to the location
of hydro poles, fire hydrants and lamp posts one' suggested that the builder make the
necessary changes in the location of "street fumitu~;" and that the wording respecting the
necessary changes be included in the subdivision ~greement.
Since no further comments were forthcotrTing, His Worship Mayor Thomson
declared the Public Meeting with regard to Applic~,tion AM-29/97 closed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that the
report be received and adopted. Carried Unanim~J~sl_v.
PD-97-111 - Chief Administrative Officer- Re: ,~PC-13/96, Application for Site Plan
Approval; 6839 Lundy~ Lane; Proposed Drive. thru for Harvey~ Restaurant. The
report recommends the following:
1. That Council approve the site plan for a pro~osed drive-thru facility to the existing
Harvey's Restaurant located at 6839 Lundy~s Lane;
2. That Council authorize the City to enter ir~,~o an encroachment agreement with
respect to the encroachment of a retaining w~ll along the east property line abutting
Depew Avenue. ~
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Michalczyk,
that the report be received and adopted. Carried ~lnanimously.
PD-97-112, Toronto Power Generating Station; Adaptive Re-use Development
Opportunity. The report recommends the fo~owing:
That the Niagara Parks Commission be requested to seek the input of LACAC on
submissions for the Toronto Power Generating Station and include a member of
LACAC on the review committee throughout the two-phase process;
That the Niagara Parks Commission be encouraged to seek the participation of the
provincial ministry and federaltdepartment responsible for heritage matters during
the review of development opportunities for the Toronto Power Generating Station,
given the provincial and national significance of the structure.
ORDERED on the motion of Alde,~an Volpatti, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
PD-97-113 - Chief Administrative Officer- Re: Recommendation Report, Meadow
Creek Draft Plan of Subdivision: File 26T-11-9703; Agent: Fruitbelt Development.
The report recommends the following:
That the Meadow Creek Draft Plan of Subdivision 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 Council's decision has been given as required by the Planning
Act, provided no appeals of the decision have been lodged;
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. 295 - Mr. Joseph Paonessa - Re: Meadow Creek Draft Plan
of Subdivision. The communication expresses concems regarding the cutting of trees and
the replacement of those trees.
Mr. Victor Muratori, Solicitor for the Subdivider of Lands responded to the
concems of Mr. Paonessa and advised that land along the northerly boundary of the plan
would be parkland dedication; and stated that the drainage work in the area would be
done by hand in order to minimize any disturbance to the tree roots in the area.
Discussions ensued with respect to sidewalks along Maroon Street; the location of
sidewalks; traffic calming measures; and the availability and provision of active parkland
in the area.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that the report
be received and adopted. The motion Carried with Alderman Wing voting contrary to the
motion and with all others voting in favour.
ORDERED on the motion of Alderman Craitor, seconded by Alde~iiian Orr, that the
correspondence be received and filed. Carried Unanimously.
PD-97-102, Exemption from Site Plan Control, Neighbourhoods of SL Davids Plan of
Subdivision; File Nos.: 26T-94007 (revised) and AM- 17/97. The report recommends
that Council approve the developers request to exempt on-street townhouses from site
plan control for the lands zoned R3 within the Neighbourhoods of St. Davids plan of
subdivision.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimously.
IllIt ! I B I I11 IIIll
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
Alderman Craitor requested that the Minutes of the Regular Council Meeting of
November 24, 1997 be amended to reflect that he was away on business.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the
Minutes of the Regular Council meeting ol'November 24, 1997 be adopted as amended.
Carried Unanimously
Niagara Against Poverty
DEPL ~.TA TIONS
Ms. Pam Jones, Niagara Againsl' Poverty was unable to attend the Council
meeting.
Licensing and Regulating of Adult Ente,G!ainment Parlours
Ms. Sara J. Premi, Sullivan, Mahoney was in attendance on behalf of the Police
Services Board; also in attendance were the Police Services Board Manager and Issuer
of Licences and three representatives of i'he adult entertainment partours. Ms. Premi
reviewed the amendments to the Police 5'errices Board Adult Entertainment Partour
Licensing By-law which included removing the,· lap dancing provisions out of the by-law and
replacing the licensing system for entertainers with a registration system; and requested
Council approval of the by-law.
- AND -
Report L-97-87, Police Services Board Adulf Entertainment Parlour Licensing By-law.
The report recommends that Council pass the attached draft By-law, to licence owners and
operators and register entertainers at adult sntertainment partours and provide for such
licensing, registration, collection and enforcement through the Police Services Board.
ORDERED on the motion of Alderman Volpetti, seconded by Alderman Craitor, that the
report be received and adopted. Carried UrU~nimously.
COMMUN~A TIONS
Communication No. 296 - City of Broctn411e - Re: Charity Gaming Clubs. The
communication advises that a resolution ha,,; been forwarded to the Province of Ontario
requesting to increase the percentage of proceeds to be paid to charities guaranteeing a
minimum of $360 million and to increase the'lees paid to municipalities to $20 million.
ORDERED on the motion of Alde,,an Pietrangelo, seconded by Alderman Janvary, that
the communication be received and filed. Cz~Tfed Unanimously.
Communication No. 297 - Niagara District ,alirport Commission. The communication
provides information on the Niagara District Airport and indicating that the airport has
already generated more than lOO jobs and ~ac!ds some $4 million dollars directly and up to
$25 million indirectly and induced to the ecoriomy of the Region.
ORDERED on the motion of Alderman Fish~t; seconded by Alderman Jan vary, that the
report be received and filed. Carried Unanirri~usly.
Communication No. 298 - Stegefx Special l~ffecte Inc. - Re: Pyrotechnic Display. The
communication requests permission to con~'uct a pyrotechnic display on behalf of the
SkyIon Tower for the New Years Eve show.
~ II IIII! I
- 7 -
ORDERED on the motion of Alderman Cr~tpr, seconded by Alderman Campbell, that the
request be approved subject to establishe~t policy. Carried Unanimously.
REPORTS
MW-97-143 - Chief Administrative Officer- Winter Sand 1997-1998 Season - Regional
Tender 97-T-17. The report recommends that the tender for supply and delivery of winter
sand, including the mixing of salt with sand, be awarded to Walker Bros. Quarries for the
unit prices tendered.
ORDERED on the motion of Alderman Jan vary, seconded by Alde,~ian Campbell, that the
report be received and adopted. Carried Unanimously.
MW-97-144 - Chief Administrative Officer- Re: Sodium Chloride (Salt) Tender
f~97-T-21. The report recommends that sodium chloride be pumhased from Cargill Sale
(formerly Akzo Nobel Salt Ltd.) The quoted prices are for supply and deftvery.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Campbell, that the
report be received and adopted. Carried Unanimously.
MW-97-145 - Chief Administrative Officer- Re: Rental of Snow Removal Equipment
Winter Season 1997-1998, With Options for 1998-1999 and 1999-2000. The report
recommends that prices submitted by various contractors to supplement our equipment
during snow plowing/sanding operations be accepted.
ORDERED on the motion of Alderman Jan vary, seconded by Alderman Campbell, that the
report be received and adopted. Carried Unanimously.
MW-97-146 - Co-Chairperson, Municipal Parking & Traffic Committee - Re: Municipal
Parking & Traffic Committee Recommendations - November 18, 1997 Meeting. The
report recommends the following:
L-97-79 - 1998 Agreement with the Canadian Corps of Commissionaires
(Hamilton) - that the services of the Canadian Corps of Commissionaires (Hamilton)
be engaged for the period from January 1, 1998 to December 1, 1998 for parking
enforcement and security purposes with no increase for administration and no
increase to employee wages; ·
e
MW-97-142 - Taxi Cab Stand Relocation - Oneida Lane - 1) That the Taxi Cab
stand situated on the east side of Oneida Lane from 73 metres north of Clifton Hill
to 88 metres north of Clifton Hill be relocated to the west side of Oneida Lane from
57 metres north of Clifton Hill to 79 metres north of Clifton Hill; 2) that there be strict
enfomement of the taxi's parking illegally at the comer of Oneida Lane and Clifton
Hill will be continued; !,
MW-97-136 - Fraderica Street at Highland Avenue - Intersection Control
Review - 1) That an all-way stop control be installed at the intersection of Frederica
Street and Highland Avenue; 2) that the Niagara Regional Police be requested to
provide extra enfomement of the 50 km/h speed limit on Frederica Street, when
manpower permits;
Huron Street/Zimmerman Avenue - Intersection Control - That the stop control
remain as is and not be reversed;: l
MW-97-138- Ryeraon Crescent-t~, arking Review- That a parking restriction be
installed on the outer cimle of Ryer~on Crescent from Rice Crescent to a point 35
metres west;
Handicapped By-law - Amend,ment to Fines - That the recommendation to
increase handicapped parking fines be received and filed;
BIll ! I III I11 illIll
Greendale Public School Parking Review - That parking be restricted on the
south side of Greendale Street in the area of Greendale Public School;
Bus Restrictions at parking Meters - That buses be restricted at parking meters
within the tourist core area with the exception of Clifton Hill.
Parking Meters on Centre Street- That parking meters be re-installed on north
side of Centre Street between Victoria Avenue and Ellen Avenue from October 1
to March 31, each year;,
fO.
Parking Passes - Elected Officials - That the cui~ent practices of issuing parking
passes to elected officials be maintained;
ff.
Chairperson - Municipal parking and Traffic Committee - That the Municipal
Parking and Traffic Committee be responsible for selecting the/r own Chairperson;
f2.
Winter Festival of Lights - Request for free parking in Municipal Parking Lot
#18 - That the request for the use of 5 parking spaces, free of charge, until March
1998, for employee parking, be denied.
On the motion of AIderman Puttick, seconded by AIderman Feren, that' Item ~ be referred
to Alderman Cummings Committee; that Item #10 be deferred to the December 15th
Council meeting; that Item #11 be deleted; and Item #12 - that the request for the use of
5 parking spaces, free of charge until March, 1998 be permitted; and that the matter be
referred to staff to bring back a report on the Visitor & Convention £i,reau.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the
report be received and adopted as amended. Carried Unanimously~
See By-law No. 97-243
See By-law No. 97-244
MW-97-147 - Chief Administrative Officer- Re: Establishment of One Foot Reserves
as a Public Highway, Block 68, Cardinal Drive. The report reco~?~mends that a certain
one foot reserve, described as Block 68 (parcel 68-1) on registered Plan 59M-138, be
established as part of a public highway, to be known as Cardinal Drive.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimously. S. ee Bylaw No. 97-248
FD-97-15 - Chief Administrative Officer- Re: Municipal By-law BO-f 14; Designation
of Private Roadways as Firs Routes Inclusion of Niagara South Condominium
Corporation No. 1; 6453 Colborne Street and 6476 Huggins Street. The report
recommends that Council approve the request of Niagara South Condominium Corporation
No. 1 to designate the private roadways as a Fire Route.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the report be received and adopted. The motion Carried with Alderman Michalczyk
abstaining from the vote on a conflict of interest previously noted and with all others voting
in favour.
See By-law No. 97-253
F-97-66 - Chief Administrative Officer- Re: Interest Rate of Unpaid Landfill and Other
Miscellaneous Receivables. The report recommends that the penalty interest rate on
unpaid landfill and other miscellaneous receivables be set at 1% per month.
ORDERED on the motion of Aldem~an Fisher, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
F-97-67 - Chief Administrative Officer- Re: Write-off of Ontario Home Renewal
Program (O,H.R.P.) Loans. The report recommends that the O.H.R,P. loans listed in this
report be written off.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrengelo, that
the report be received and adopted. The motion Carried with Alde,f~an Campbefi
abstaining from the vote on a conflict of interest previously noted and with all others voting
in fayour.
F-97-68 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that Council approve the accounts totalling $2,297,584.91 for the period
ending December 8, 1997.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Craitor, that
the report be received and adopted. The motion Carried with Aldermen Craitor, Michalczyk
and Wing abstaining from the vote on conflicts of interest previously noted and with all
others voting in favour.
See By-law No. 97-252
~-.
F-97-69 - Chief Administrative Officer - Re: American Express Card AgreemenL The
report recommends that the Council of the City of Niagara Falls enter into an agreement
with American Express.
ORDERED on the,:motion of Alderman Campbell, seconded by Alderman Feren, that the
report be received. and adopted. Carried Unanimously.
F-97-72- Chief Administrative Officer- Re: General Insurance Reports. The report
recommends that ~ty Council approve the 1998 Comprehensive Insurance Program from
Frank Cowan Co. Ltd. at an annual premium of $507,762 (1997 - $507,791) plus
applicable taxes. ~
ORDERED on the =motion of Alderman Volpatti, seconded by Alderman Fisher, that the
report be received and adopted. Carded Unanimously.
HR-97-09 - 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 1998 be renewed at an annual cost of $16,996.00.
ORDERED on the mqtion of Alderman Pietrengelo, seconded by Alderman Feren, that the
report be received and adopted. Carded Unanimously.
HR-97-10 - Chief Administrative Officer- Re: OMERS Five- Year Initiative. The report
recommends that the report is for the information of Council.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary, that
the report be received and filed. Carded Unanimously.
CD-97-39 - Chief Administrative Officer- Re: 1998 Counc~ Schedule, The report
recommends that Council pass the by-law appearing on this evening's agenda adopting
a Schedule of meetings for Council for 1998.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
report be received and filed. Carded Unanimously.
See By-law No. 97-238
L-97-84 - Chief Administrative Officer - Re: Legal Department; Policies and
Procedures Section Revisions. The report recommends the following:
That Section 600. 1 'Duties & Responsibilities of Legal Department", Section 600. 2
"Penalty for Breach of By-laws" and Section 600. 3 "Garage/Yard Sale" be deleted;
That Section 600. 1 and 600.2 "Duties 7 Responsibilities of Legal Department" be
assigned as new section 600. 1 and 600.2;
IIII I I B I E IIIII
10-
That Section 600.3 "Duties and Responsibilities of property Standards and By-law
Enforcement" be assigned as new section 600.3;
4. That Section 600.4 "Garage/Yard Sales" be assigned as new section 600.4.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the
report be received and adopted. Carded Unanimously.
L-97-85 - Chief Administrative Officer- Re: Koletar Amending Agreement with the
City; 5297 Second Avenue. The report recommends that Council authorize an amending
Agreement with frank John Koletar to amend the description in a 1985 Encroachment
Agreement between the former owner and the City.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carded Unanimously.
See By-law No. 97-247
L-97-86 - Chief Administrative Officer - Re: City Transfer to Chekevicz; Rear of 6430
Sheldon StreeL The report recommends that the report is for the information of Council.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Craitor, that the
report be received and adopted. Carded Unanimously.
L-97-88 - Chief Administrative Officer- Re: Release and Abandonment of Easement;
3663 Wiltshire Blvd. The report recommends that Council authorize the Release and
Abandonment of the City's easements over 3663 Wiltshire Blvd. being Lot 14 registered
Plan No. 227.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
See By-law No. 97-251
RA TIFICA TION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alde,,an Fisher, that
the actions taken on the following matters by Committee of the Whole, earlier this evening
be approved:
an amending provision to the mortgage agreement between the Corporation of the
City of Niagara Falls and the YMCA;
an amending provision to the mortgage agreement between the Corporation of the
City of Niagara Falls and the Niagara Falls Optimist Club.
Carded Unanimously
RESOLUTIONS
NO. 80- FISHER- FEREN - WHEREAS the Niagara Falls Interim Casino has exceeded
all expectations since its opening on December 9, 1996, creating needed employment as
well as significant positive economic benefits throughout the Niagara Region; AND
WHEREAS recently the Minister responsible for casinos in Ontario, the Honourable AI
Pallidini, has suggested the possibility of leaving the Interim Casino open after the opening
of the Permanent Casino in order to further stimulate economic activity and tourism; NOW
THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORA TION OF THE
CITY OF NIAGARA FALLS hereby supports the position taken by Minister Pallidini to leave
open the Interim Casino as referred to above, subject to the provision of an appropriate
business case analysis.
And the Seal of the Corporation be hereto affixed.
The motion Canfed with Alderman Orr abstaining from the vote on a conflict of interest and
with all others voting in favour.
~ El IIII! I
11 -
- AND -
Communication No. 299 - Victoria Avenue Property & Business Owners Association.
The communication advises that the casino has revitalized the tourist core and requests
that the interim casino remain as it would severely and negatively affect the tourist area if
the original location would be closed,
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
communication be received and Filed. 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:
97-238
A by-law to amend by-law 89-155 and adopt a Schedule of Meetings for
1998.
97-239
A by-law to provide for appointments to certain Boards, Commissions, and
Committees (appoints to Standing Committees)
97-240
A by-law to amend By-law No. 96-120 respecting the classes of development
that may be undertaken in site plan control areas.
97-241
A by-law to authorize the execution of an Application for Surrender of Charter
of the Niagara Falls Economic Development Agency respecting the
dissolution of the Corporation.
97-242
A by-law to authorize the execution of an agreement with Lindsey Morden
Claim Services Limited respecting to provide claims adjusting services.
97-243
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking, Taxi Cab Stands)
97-244
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Stop Signs, Through Highways).
97-245
A by-law to authorize the execution of an agreement with Bay/is &
Associates respecting the Employee Assistance Program for ~998 be
renewed.
97-246
A by-law to authorize the execution of an Encroachment Agreement with
Cara Operations Limited for the purpose of permitting the encroachment of
a retaining wall unto Depew Avenue.
97-247
A by-law to authorize the execution of an Agreement with Frank John Koletar
for the purpose of amending the description in an Encroachment Agreement
dated January 14, 1985 and registered as Instrument Number 446478.
97-248
A by-law to establish a one foot reserve, being Block 68 on registered P/an
59M-138, as a public highway to be known as and to form part of Cardinal
Drive.
97-249
A by-law to provide the regulating, licensing and inspection of adult
entertainment parlours.
97-250
A by-law to authorize the execution of an agreement between the City and
the Regional Municipality of Niagara Police Services Board.
II[~ [ [ a [ El flllll
12-
97-251
A by-law to authorize the Release and Abandonment of the City's easements
over 3663 Wiltshim Blvd. being Lot 14 Registered Plan No. 227.
97-252 A by-law to provide monies for General Purposes (December 8, 1997).
97-253
A by-law to amend By-law No. 80-114, as amended being a by-law to
designate private roadways as fire routes.
97-254
A by-law to authorize a site plan agreement dated November 14, 1997, with
Her Majesty the Queen in Right of Ontario, as represented by the Chair of
the Management Board of Cabinet, Ontario Hydro and Ontarfo Casino
Corporation.
NEW BUSINESS
Shoes for Children in Guatemala
Alderman Shirley Fisher advised that Mr. John Mergl, a representative from
Missionary Ventures Canada, had mtumed from doing missionary work in Central America,
and was collecting shoes to be used by the children in Guatemala. She advised that the
shoes would be collected at the Niagara Falls YMCA and taken to Guatemala by Mr. Mergl
in January.
Alderman Shirley Fisher also requested that a letter of appreciation be forwarded
to Mr. John Mergl for the excellent work that is being done.
ORDERED on the motion of Alde,,an Fisher, seconded by Alderman Pietrangelo, that a
letter of appreciation be forwarded to Mr. John Mergl from Missionary Ventures Canada
for the excellent work that is being done. Can'fed Unanimously.
Chippawa Business Improvement Area
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that Council
send a registered letter to each member of the Chippawa B.I,A. requesting that they
respond, confidentially by mtum mail to the City, indicating whether or not they support the
continuation of the Chippawa B.I.A. and its authority to request a tax levy; and further that
Council not appoint any new membem to the Board until the results of this survey are
compiled. Carried Unanimously.
Signage at Marcon Street
Alderman Victor Pietmngelo referred to the issue of not having street signs on
Marcon Street and the absence of a by-law on this evening's agenda dealing with the
matter. He was advised by the Director of Municipal Works that the matter would be
looked into.
Letter of Condolence
ORDERED on the motion of Alderman Puttick, seconded by Alderman Femn, that a letter
of condolence be forwarded to the family of the late Elio DT~limonte, a former City
employee and well-respected citizen of the community. Carfled Unanimously.
13 -
1997 Inaugural
ORDERED on the motion of Alderman Puttick, seconded by AIderman Feren, that a letter
of appreciation be forwarded to Cynthia Roberts, Jan Kilty and staff for a successful
inaugural event. Carried Unanimously.
Water Meter Committee
Alderman Norm Puttick referred to the issue of water meters. His Worship Mayor
Thomson requested that a Water Meter Committee be established to look into the matter.
ORDERED on the motion of Alderman Janvary, seconded by A/de.~an Feren, that a
Water Meter Committee be established and further that Aldermen Campbell, Michalczyk
and Wing be appointed to the Committee and further, that Alderman Pietrengelo be
Chairman of the Committee. Carried Unanimously.
Epworth Circle
Alderman Wayne Campbell referred to the issue of inadequate signage on Epworth
Circle and of the safety concems in the area; and requested that the matter be looked into.
Oakwood Park Lodge
Alderman Kim Creitor expressed concems with respect to traffic problems being
encountered by the residents of Oakwood Park Lodge at McLeod Road.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Wing, that the
matter be referred to the Region to take immediate action to look into resolving the
dangerous situation and to look into the matter of installing traffic lights in the area and
further that the matter not be delayed until development takes place due to the safety
aspects. Carded Unanimously.
Paul Foy Car Thefts
Alderman Kim Craitor inquired on the status respecting the recent car thefts at Paul
Foy. It was noted that the Director of Municipal Works would provide info..ation on the
matter.
Water Lines on Merle Crescent
Alderman Kim Creitor requested a decision on the matter of the water lines on
Me~e/Corwin Crescent.
BIll I I ~ I Ill IIIIII
14-
Leaf Pickup
Alderman Kim Craitor referred to the concems expressed regarding the matter of
leaf pick up and requested that a report be brought back on the matter.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that a
report be brought back on the matter of leaf pick up. CarTied Unanimously.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the
meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
R. O. KALLIO, ACTING CITY CLERK
THIRTIETH MEETING
COMMITTEE-OF- THEWVHOLE
Committee Room #2
December 15, 1997
Council met on Monday, December 15, 1997 at 4:30 p.m. in Committee-of-the-
Whole. All members of Council, were present. Alderman Norm Puttick presided as
Chairman.
Following consideration of the items presented, the Committee-of-the -Whole rose
to report in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
REGULAR MEETING
Council Chambers
December 15, 1997
Council met on Monday, December 15, 1997 at 7:00 p.m. for the purpose of
considering Regular Business. All members of Council, were present. Alderman Paisley
Janvary offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Cummings indicated pecuniary interests from the Council Meeting of
November 24, 1997 on Report F-97-65, on Cheque No. 233465, because the recipient is
Acres; on Cheque No. 233869 because he is the recipient of an election refund; and on
Cheque Nos. 233372; 233921;233444; M92073 because a member of his family is
employed by the Region.
Alderman Cummings indicated pecuniary interests from the Council Meeting of
December 8, 1997 on Report F-97-68, Cheque No.234250 and 234283 because the
recipient is Acres; and on Cheque Nos. 234295; M92100; M92099; 234352 because a
member of his family is employed by the Region.
Alderman Cummings indicated a pecuniary interest on Report F-97-73, Cheque
Nos. 234511; 234521, because the recipient is Acres.
Alderman Pietrangelo indicated a pecuniary interest on Report F-97- 73, Cheque No.
234448, because the recipient is his employer.
Aldermen Campbell, Janvary and Pietrangelo indicated pecuniary interests on
Report F-97-73, Cheque No. 234437 because the recipient is their employer.
IIIlI I I III II1 IllIll
Alde~7~ien Craitor and Cummings indicated pecuniary interests on Report F-97-73,
Cheque No. 234485 because members of their family are employed by the Region.
Alderman Michalczyk indicated a pecuniary interest on Report F-97-73, Cheque No.
234507 because he is a member of the Chippawa Volunteer Fire Department.
DEPUTATIONS
Niagara Transit
Mr. Maves, Chaitiiian, Niagara Transit discussed the 1998 Niagara Transit Fares
Proposal recommending a l O-cent across-the-board fare increase and requested Council's
approval to implement this increase, effective January 1, 1998 to partially offset the cost
increases and the downloading by the Provincial Govemment.
ORDERED on the motion of Alderman Cummings, seconded by Aldeiiiian Craitor, to
approve the implementation of a l O-cents fare increase. The motion Carried with
Alde~iian Orr voting contrary to the motion and with aft others voting in favour.
COMMUNICATIONS
Communication No. 300 - Angel Collun of Angel~ Variety and Deft and Ferdinando
Mario Muraca of Muraca Leasing and Management - Re: Stop Lights. The
communication attaches a petition and requests that stop lights be installed at the comer
of McLeod Road and Kalar.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Cummings, that
the matter be referred to staff. Carried Unanimously.
Communication No. 301 - Nell M. Dixon, Chairman of Board of Directors of the
Niagara Auto Club & Travel Agency - Re: Transfer of Revenue. The communication
requests that Council pressure the Ontario govemment to transfer revenue collected from
Ontario motorists to municipalities.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpatti, that the
request be supported. Carried Unanimously.
Communication No. 302 - Toronto, Corporate Services - Re: Deferral of Property Tax
ReassessmenL The communication requests that Council endorse a resolution requesting
that the Ontario Provincial Govemment be urged to defer property tax reassessment until
the 1999 taxation year and that detailed impact studies be released in 1998 in order that
proper consultation can take place.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pietrangelo, that
the communication be received and filed. The motion Carried with Alderman Orr, voting
contrary to the motion and with all others voting in favour.
REPORTS
MW-97-f48 - Chief Administrative Officer - Re: Dedication of a 1 Foot Reserve as
a Public Highway along the East limit of Allanthus Avenue. The report recommends
that the one-foot reserve along the east limit of Ailanthus Avenue (Instrument ff,39447A)
be dedicated as a public highway and form part of Ailanthus Avenue.
ORDERED on the motion of Alderman Cummings, seconded by Alde,i~an Craitor, that the
report be received and adopted. Carried Unanimously.
See By-law No. 97-260
~ III fill! I
MW-97-149 - Chief Administrative Officer- Re: Dedication of Parts of Valley Way
as a Public Highway. The report recommends that parts 5 & 6, Plan 59R-2361 and part
1, Plan 59R-3208 and that the one foot reserve adjoining the easterly limit of part 1, Plan
59R-3208, be dedicated as a public highway known as Valley Way.
ORDERED on the motion of Alderman Wing, seconded by Alderman Volpatti, that the
report be received and adopted. Carded Unanimously.
See By-law No. 97-257
MW-97-f 50 - Chief Administrative Officer- Re: Release of Easement Over Lots 1,
2, 3, 4, 5, 6 and 7; Plan 6f and LoM 174 and 175, Plan 64. The report recommends that
the City release the easement fights over the above mentioned properties.
ORDERED on the motion of AIde~iiian Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carded Unanimously.
See By-law No. 97-261
MW-97-151 - Chief Administrative Officer- Re: Establishment of Parts 3 and 4,
Plan 59R 10088 as a Public Highway Cardinal Drive. The report recommends that Parts
3 & 4, Plan 59R-10088, be established as part of a public highway, to be known as
Cardinal Dfive.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carded Unanimously.
See By-law No. 97-256
CS-97-09 - Chief Administrative Officer - Re: Tender for Gasoline and Diesel Fuel
The report recommends that the Committee accept and forward to Council for their
consideration the tender, and the award of the supply of gasoline and diesel fuel to Wfight
Fuels Niagara Inc., commencing January 1, 1998, based upon a co-operative tender
between the Regional Municipality of Niagara and the Niagara Public Purchasing
Committee.
ORDERED on the motion of Alderman Volpatti, seconded by Aldefii~an Creitor, that the
report be received and adopted. Carded Unanimously.
F-97-73 - Chief Administrative Officer- Re: Municipal Accounts. The report
recommends that Council approve the accounts totalling $12,932, 104.19 for the period
ending December 15, 1997.
Following some discussion, it was ORDERED on the motion of Alderman Orr,
seconded by Alderman Craitor, the Cheque No. 233439 be deferred for a further report on
expenses. Carded Unanimously.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the report be received and adopted. The motion Carded with Alderman Craitor,
Cummings, Campbell, Janvary, Pietrangelo and Michalczyk abstaining from the vote on
conflicts of interest previously noted and with all others voting in favour.
See By-law No. 97-259
1998 Financial Summary
The Director of Finance provided highlights of the 1998 Financial Summary which
included a listing of costs that would be bome by the City with the City's portion of
provincial savings target of 1.7% or $967,000; the Regional portion of Provincial savings
target of $2,050,000, with a total vafiance of $7, 150,000.
IIII I I I I II1 IllIll
PD-97-110 - Chief Administrative Officer- Re: Discussion Report: Expansion of
Garner Neighbourhood Residential Boundaries. The report recommends the following:
1. That Council direct staff to circulate a copy of this discussion report to interested
property owners and stakeholders;
2. That a Public Meeting be held before Council on January 26, 1998 to give
stakeholders the opportunity to address Council;
3. That staff report back to Council with a final recommendation after considering a~
comments submitted.
ORDERED on the motion of Alderman Cummings, seconded by Alde.iian Volpatti, that
the report be received and adopted. Carried Unanimously.
PD-97-114 - 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:
That a Council resolution supporting a one-year extension to draft plan approval for
the Southgate Estates 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 Fisher, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimously.
CD-97-40 - Chief Administrative Officer- Re: Appointments to Boards, Commissions
and Committees. The report recommends that Council select appointees to serve for
various terms on Boards, Commissions and Committees and that the appointments be
conf;.iied by the By-law to be passed at this meeting.
The appointments were made by ballot, with those obtaining the majority of Council
vote filling the vacancy and those receiving the least number of votes being eliminated on
a subsequent ballot and that in the event of a tie vote, there would be a subsequent ballot.
ARTS AND CULTURE COMMISSION - It was moved by Alderman Cummings, seconded
by Alderman Pietrangelo, that Alderman W. Campbell and Alderman J. Wing, be appointed
as Alde.iianic representatives to the Arts and Culture Commission for the 1998-2000
term. Carried Unanimously.
It was moved by Alderman Campbell, seconded by Alderman Cummings, that Philip T.
Cheesman, Carol Coulishaw and Brian Smylski be appointed as Citizen representatives
to the Arts and Culture Commission for the 1998-1999 term. Carried Unanimously.
It was moved by Alde.iian Campbell, seconded by Alde.iian Pietrangelo, that Margaret
Mingle and Joseph Mena be appointed as Citizen representatives to the Arts and Culture
Commission for the 1998-1999 term. Carried Unanimously.
BOYS AND GIRLS CLUB - It was moved by Alderman Janvary, seconded by Alderman
Campbell, that Alderman V. Pietrangelo be appointed as an Aldermanic representative to
the Boys and Girls Club. Carried Unanimously.
PROJECT SHARE BOARD OF DIRECTORS - It was moved by Alderman Pietrangleo,
seconded by Alde,,an Orr, that Alderman S. Volpatti be appointed as Aldermanic
representative to Project Share Board of Directors for the 1998, 1999, 2000 term. Carried
Unanimously.
CHAMBER OF COMMERCE BOARD OF DIRECTORS - It was moved by Alderman
Michalczyk, seconded by Alderman Pietrangelo, that Alderman K. Craitor be appointed
as Aldermanic representative to the Chamber of Commerce Board of Directors, for the
1998, 199,2000 term. Cartfed Unanimously.
COMMITTEE OF ADJUSTMENT - It was moved by Alderman Janvary, seconded by
Alderman Cummings, to appoint three (3) Citizen representatives to the Committee of
Adjustment. Carried Unanimously.
It was moved by Alde~i~an Pietrangelo, seconded by Alderman Campbell, that Chuck
Antonio, Jake Hiebert and Guy Prata be appointed Citizen representatives to the
Committee of Adjustment for the 1998 -2000 term. Carried Unanimously.
It was moved by Alderman Pietrangelo, seconded by Alderman Campbell, that Alderman
P. Cummings, Alde~ii~an V. Pietrangelo, Alderman E Michalczyk and Mayor Thomson be
appointed Alde~i~anic representatives to the Committee of Adjustment for the 1998, 1999,
2000 term. Carrfed Unanimously.
COMMUNITY RESOURCES CENTRE MANAGEMENT COMMITTEE - It was moved by
Alderman Volpatti, seconded by Alderman Pietrangelo, that Alderman S. Fisher and
Alderman J. Orr, be appointed Aldermanic representatives to the Community Resources
Centre Management Committee for the 1998, 1999, 2000 term. Carrfed Unanimously.
It was moved by Alderman Volpatti, seconded by Alderman Pietrangelo, that Frank Franze
and David Richardson be appointed Citizen representatives to the Community Resources
Centre Management Committee for the 1998 - 2000 term. Carried Unanimously.
COURTS OF REVISION (Local Improvement Act and Drainage Act) - It was moved by
Alderman Craitor, seconded by Alderman Pietrangelo, that Edward Keams, Albert
Scordino and Chuck Antonio be appointed Citizen representatives to the Courts of
Revision (Local Improvement Act and Drainage Act for the 1998 - 2000 te~n. CarTied
Unanimously.
GREATER NIAGARA GENERAL HOSPITAL BOARD OF GOVERNORS - It was moved
by Alderman Campbell, seconded by Alderman Craitor that Alderman P. Cummings,
Alderman P. Janvary and Alderman S. Volpatti, be appointed Aldermanic representatives
to the Greater Niagara General Hospital Board of Govemors for the 1998, 1999, 2000
term. Carried Unanimously.
GREATER NIAGARA SENIOR CITIZENS ASSOCIATION - It was moved by Alderman
Pietrangelo, seconded by Alderman Feren, that Alderman K. Craitor and Alderman S.
Fisher, be appointed Aldermanic representatives to the Greater Niagara Senior Citizens
Association for the 1998, 1999, 2000 term. Carried Unanimously.
GREATER NIAGARA TRANSIT COMMISSION - It was moved by Alderman Pietrangelo,
seconded by Alderman Craitor, that Mayor Wayne Thomson be appointed to the Greater
Niagara Transit Commission for the 1998 - 2000 term, and that R. T. (Ted) Salci and Ron
Sunstrum be appointed Citizen representatives to the Greater Niagara Transit Commission
for the 1998-1999 term. Carried Unanimously,
IIID I III II IIIII
LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE (L.A.C.A.C.) -
It was moved by Alderman Cummings, seconded by Alderman Pietrangelo, that Alderman
J. Wing be appointed Aldermanic representative to the Local Architectural Conservation
Advisory Committee (L.A.C.A.C.) forthe 1998, 1999, 2000 term and that Sherman Zavitz,
City Historian be appointed to the Local Architectural Conservation Advisory Committee
for the 1998, 1999, 2000 term. Canfed Unanimously.
It was moved by Alderman Cummings, seconded by Alderman Pietrangelo, that Don
Chapman, Kym Cody, Mark Hopkins, Joyce Long, Margaret Mingle and Eric Royer be
appointed Citizen representatives to the Local Architectural Conservation Advisory
Committee for the 1998 - 2000 term. Canfed Unanimously.
LOCAL COUNCIL OF WOMEN - It was moved by Alderman Volpatti, seconded by
Alderman Wing, that Alderman S. Fisher, be appointed Aldefiiianic representative to the
Local Council of Women for the 1998, 1999, 2000 term. Canfed Unanimously.
MUNICIPAL NON-PROFIT HOUSING CORPORATION - It was moved by Alderman
Cummings, seconded by Alderman Volpatti, that Alderman P. Janvary, Alderman J. Orr
and Alderman J. Wing, be appointed Aldermanic representatives to the Municipal Non-
Profit Housing Corporation for the 1998, 1999, 2000 teRii. Canfed Unanimously.
NIAGARA DISTRICT AIRPOR F COMMISSION - It was moved by Alderman Cummings,
seconded by Alderman Volp~,tti, that Alderman K. Feren be appointed Aldermanic
representative to the Niagara District Airport Commission for the 1998, 1999, 2000 term.
Canfed Unanimously.
NIAGARA FALLS BOARD C,F MUSEUMS - It was moved by Aldeiiiian Cummings,
seconded by Alderman Volpat?i, that Alderman S. Fisher and Alde.iian J. Wing, be
appointed Aldermanic representatives to the Niagara Falls Board of Museums for the
1998, 1999, 2000 term. CanfeW' Unanimously.
It was moved by Alderman C~mmings, seconded by Alderman Volpatti, that Philip T.
Cheesman, Margaret Mingle, a.~d Ken Warren, be appointed Citizen representatives to
the Niagara Falls Board of Muse'r~ms forthe 1998, 1999. 2000 term. Canfed Unanimously.
NIAGARA FALLS CANADA WSlTOR & CONVENTION BUREAU- It was moved by
Alderman Craitor, seconded by A. 'derman Wing, that Mayor Wayne Thomson, Alderman
P. Cummings and Alderman K. Feren be appointed to the Niagara Falls Canada Visitor
& Convention Bureau for the 19~, 1999, 2000 term. Canfed Unanimously.
NIAGARA FALLS COMMUNITY CENTRES BOARD - It was moved by Alderman Wing,
seconded by Alderman Cummi, lgs, that all members of Council be appointed to the
Niagara Falls Community Cef!~'res Board for the 1998, 1999, 2000 term. Carried
Unanimously.
NIAGARA FALLS HUMANE SO~IETY- It was moved by Alderman Craitor, seconded by
Alderman Pietrangelo, that Aldt,rman E. Michalczyk be appointed as Aldermanic
representative to the Niagara Falls Humane Society for the 1998, 1999, 2000 term and
that Alderman P. Janvary, be appc!nted as an altemate representative for the 1998. 1999,
2000 terns. Canfed Unanimously. *~
It was moved by Alderman Craitor, seconded by Alderman Pietrangelo, that Julie Bishop-
Hamilton and Geoffrey Hoyle be appointed Citizen representatives to the Niagara Falls
Humane Society for the 1998, 1999, 2000 term. Canfed Unanimously.
NIAGARA FALLS PUBLIC LIBRARY BOARD - It was moved by Alderman Cummings,
seconded by Alderman Pietrangelo, to defer appointments pending recommendations from
the School Boards. Canfed Unanimously.
I I11 IIIII I
- 7 -
It was moved by Alderman Cummings, seconded by Alderman Craitor, that Nancy Eidrs
name be added to the Niagara Falls Public Library Eh~[d. Carried Unanimously.
NIAGARA PARKS COMMISSION - It was moved by Alde~iian Janvary, seconded by
Alderman Cummings, to appoint Mayor Wayne Thomson as the City's permanent annual
appointee to the Niagara Parks Commission for a three-year term. Carried Unanimously.
PLUMBERS EXAMINING BOARD - It was moved by Alderman Volpatti, seconded by
Alderman Cummings, that Cecil Amadio be appointed Citizen representative to the
Plumbers Examining Board for the 1998, 1999, 2000 term. Canfed Unanimously.
PROPERTY STANDARDS COMMITTEE - It was moved by Alderman Cummings,
seconded by Alderman Volpatti, that John Anstruther be appointed Citizen representative
to the Property Standards Committee for the 1998-2000 term. Canfed Unanimously.
RECREATION COMMISSION - It was moved by Alderman Cummings, seconded by
Alderman Volpatti, that Alde~i~an P. Janvary and Alderman V. Pietrangelo be appointed
as Alde~manic representatives to the Recreation Commission for the 1998, 1999, 2000
term. Canfed Unanimously.
It was moved by Alderman Cummings, seconded by Alderman Volpatti, that Paul
Campigotto, Janet Kilty, Ken Kuhn and Lou Stranges, be appointed as Citizen
representatives to the Recreation Commission fort.the 1998-2000 term. Canfed
Unanimously.
REGIONAL LAND DIVISION COMMITTEE - It was moved by Alderman Cummings,
seconded by Alden.an Fisher, that Jack L. Collinson be appointed Citizen representative
to the Regional Land Division Committee for the 1998-2000 term. Carried Unanimously.
REGIONAL NIAGARA TOURIST COUNCIL - It was moved by Alde..an Cummings,
seconded by Alderman Feren, that the matter be tabled for further information. Carried
Unanimously.
UNITED WAY BOARD OF DIRECTORS - It was moved by Alderman Cummings,
seconded by Alderman Pietrangelo, that Alderman K. Feren, be appointed as Aldermanic
representative to the United Way Board of Directors for the 1998, 1999, 2000 te,,. Canfed
Unanimously.
Y.M.C.A. BOARD OF DIRECTORS - It was moved bY Alderman Fisher, seconded by
Alderman Cummings, that Alderman V. Pietrangelo, be appointed as Aldermanic
representative to the Y.M.C.A. Board of Directors for the 1998, 1999, 2000 term. Canfed
Unanimously.
Y.W.C.A. BOARD OF DIRECTORS- It was moved by Alderman Pietrangelo, seconded
by AIderman Volpatti, that Alderman S. Fisher, be appointed to the Y.W.C.A. Board of
Directors for the 1998, 1999, 2000 team. Carried Unanimously.
CIVIC COMMITTEE - It was moved by Alderman Cummings, seconded by Alderman
Fisher, that Alderman P. Janvary be appointed Chairperson of the Civic Committee for the
1998, 1999, 2000 term. CanYed Unanimously.
It was moved by Alderman Cummings, seconded by Alderman Feren, that Alderman K.
Craitor, Alderman W Campbell, Alderman S. Fisher, Alderii~an E Michalczyk and
Alderman J. Wing, be appointed as Aldermanic representatives to the Civic Committee for
the 1998, 1999, 2000 term. Carried Unanimously.
IIIII I I I I I11 IIIIII
- 8 -
It was moved by Alderman Janvary, seconded by Alderman Feren, that Alderman V.
Pietrangelo be appointed as Aldermanic representative to the Civic Committee for the
1998, 1999, 2000 term. Carried Unanimously.
ENVIRONMENTAL PLANNING AND GREENING COMMITTEE - It was moved by
Alderman Craitor, seconded by Alderman Michalczyk, that Alderman P. Janvary be
appointed as Chairperson to the Environmental Planning and Greening Committee for the
1998, 1999, 2000 term. Carried Unanimously.
It was moved by Alderman Creitor, seconded by Alderman Michalczyk, that Alde,.ian W.
Campbell, Alderman S. Fisher, Alderman K. Feren, Alderman V. Pietrengelo and Alderman
J. Wing be appointed as Aldermanic representatives to the Environmental Planning and
Greening Committee for the 1998, 1999, 2000 term. Canfed Unanimously.
HEAVY CONSTRUCTION COMMITTEE- It was moved by Alderman Pietrengelo,
seconded by Alderman Volpatti, that Alderman S. Fisher and Alderman P. Janvary be
appointed as Aldermanic representatives to the Heavy Construction Committee for the
1998, 1999, 2000 term; and Mayor Wayne Thomson be appointed as Chairperson of the
Heavy Construction Committee for the 1998-2000 term. Canfed Unanimously.
BUILDING CONSTRUCTION TRADES COMMITTEE - It was moved by Alderman
Pietrangelo, seconded by Alderman Volpatti, that Alderman S. Fisher and Alder.~an P.
Janvary be appointed as Aldermanic representatives to the Building Construction Trades
Committee for the 1998-2000 term. Canfed Unanimously.
MOUNTAIN ROAD LANDFILL PUBLIC LIAISON COMMITTEE - It was moved by
Alderman Michalczyk, seconded by Alderman Puttick, that Alderman W Campbell,
Alderman K. Feren, Alderman P. Janvary and Alderman S. Volpatti, be appointed as
Aldermanic representatives to the Mountain Road Landfill Public Liaison Committee for the
1998, 1999, 2000 term. Canfed Unanimously.
It was moved by Alderman Pietrangelo, seconded by Alde..an Wing, that Alderman S.
Volpatti, be appointed Chairperson to the Mountain Road Landfill Public Liaison Committee
for the 1998, 1999, 2000 tetiii. Canfed Unanimously.
NIAGARA FALLS ILLUMINATION BOARD - It was moved by Alde.iian Cummings,
seconded by Alderman Feren, that Alderman N. Puttick, be appointed Aldermanic
representative to the Niagara Falls Illumination Board for the 1998, 1999, 2000 term.
Canfed Unanimously.
MUNICIPAL PARKING AND TRAFFIC COMMITTEE - It was moved by Alderman Fisher,
seconded by Alderman Campbell, that Alderman J. Orr and Alderman S. Volpatti, be
appointed to the Municipal Parking and Traffic Committee for the 1998, 1999, 2000 term.
Canfed Unanimously.
It was moved by Alderman Fisher, seconded by Alderman Pietrengelo, to appoint three (3)
Citizen representatives to the Municipal Parking and Traffic Committee. Canfed
Unanimously.
It was moved by Alderman Fisher, seconded by Alderman Campbell, that Sam LaRosa,
Dennis Sunstrum, and Bruce Ward, be appointed Citizen representatives to the Municipal
Parking and Traffic Committee for the 1998, 1999, 2000 te.ii. Canfed Unanimously.
NIAGARA RIVER RESTORATION COUNCIL - It was moved by Alderman Janvary,
seconded by Alderman Michalczyk, that Alderman K. Feren, be appointed Aldermanic
representative to the Niagara River Restoration Council for the 1998, 1999, 2000 term.
Canfed Unanimously.
II III IIII
- 9 -
WINTER FESTIVAL OF LIGHTS - It was moved by Alderman Cummings, seconded by
Aldefiiian Michalczyk, that Alden.an K. Craitor and Alderman K. Feren, be appointed
Aldermanic representatives to the Winter Festival of Lights for the 1998, 1999,2000 term.
Carried Unanimously.
CHIPPAWA BUSINESS IMPROVEMENT AREA - It was moved by Alderman Cummings,
seconded by Alderman Pietrangelo, that Alderman S. Fisher and Alderman E Michalczyk,
be appointed Aldermanic representatives to the Chippawa Business Improvement Area
for the 1998, 1999, 2000 term. Carried Unanimously.
CLIFTON HILL BOARD OF MANAGEMENT- It was moved by Alderman Cummings,
seconded by Alderman Michalczyk, that Alderman N. Puttick be appointed Aldermanic
representative to the Clifton Hill Board of Management for the 1998, 1999, 2000 term.
Carried Unanimously.
DOWNTOWN BOARD OF MANAGEMENT- It was moved by Alderman Craitor, seconded
by Alderman Feren, that Alderman J. Orr, be appointed as Aldermanic representative to
the Downtown Board of Management for the 1998, 1999, 2000 term. Canfed
Unanimously.
FALLSVIEW BUSINESS IMPROVEMENT AREA - It was moved by Alderman Feren,
seconded by Alderman Puttick, that Alderman V. Pietrangelo be appointed Aldermanic
representative to the Fallsview Business Improvement Area for the 1998, 1999, 2000 term.
Cartfed Unanimously.
LUNDY'S LANE BUSINESS IMPROVEMENT AREA - It was moved by Alderman
Pietrengelo, seconded by Alderman Michalczyk, that Aldef~i~an K. Creitor and Alderman
V. Pietrangelo be appointed Aldermanic representatives to the Lundy's Lane Business
Improvement Area for the 1998, 1999, 2000 teiiii. Carried Unanimously.
MAIN AND FERRY BOARD OF MANAGEMENT- It was moved by Alderman Michalczyk,
seconded by Alderman Pietrangelo, that Alderman P. Cummings be appointed Aldermanic
representative to the Lundy
VICTORIA AVENUE BUSINESS IMPROVEMENT AREA - It was moved by Alderman
Volpatti, seconded by Alde~iian Fisher, that Alderman V. Pietrengelo, be appointed
Aldermanic representative to the Victoria Avenue Business Improvement Area for the
1998, 1999,2000 term. Carried Unanimously.
See By-law No. 97-255
RA TIFICA TION OF COMMITTEE OF THE WHOLE MATTERS
ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, to
approve the Agreement dated December 10, 1997 between 1198863 Ontario Ltd. and the
Corporation of the City of Niagara Falls be entered into respecting the purchase of lands
being part of Township Lot 170, located on McLeod Road comprised of approximately 23
acres subject to the following terms and conditions: that the land be sold to the Numbered
company for $635,500; that the pumhaser to have 90 days in order to conduct a feasibility
and viability study; and a further 60 days within which to complete an environmental due
diligence and that the purchase be completed within 30 days after the waiver of all
conditions. The motion Canfed with Aldeni~en Fisher, Orr, Volpatti and Wing voting
contrary to the motion and with all others voting in favour.
The City Solicitor provided clarification on the establishment of a by-law on
procedures and methods of selling land.
IIII I III II IIIIII
10 -
Following the discussion, it was Ordered on the motion of Alde~iiian Volpatti,
seconded by Alderman Orr, that staff bring back a report to examine and review the
existing By-law on sale procedures. The motion Carried with Aldermen Craitor, Feren,
Michalczyk, Puttick and Mayor Thomson voting contrary to the motion and with all others
voting in favour.
BY-LAWS
ORDERED on the motion of AIdeiii~an Pietrangelo, seconded by Alderman Fisher, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
97-256
A by-law to establish Parts 3 and 4 on reference Plan 59R-10088 as a public
highway, to be known as and to form part of Cardinal Drive.
97-257
A by-law to establish Parts 5 and 6 on Reference Plan 59R-2361, Part I on
Reference Plan 59R-3208 and a one foot reserve adjoining the eastedy limit
of Part I or.: Reference Plan 59R-3208 as a public highway, to be known as
and to forrr: part of Valley Way.
97-258
A by-law to authorize the execution of an agreement with Her Majesty the
Queen in fight of Ontario, as represented by the Chair of the Management
Board of Cabinet, Ontario Hydro, Ontario Casino Corporation respecting
lands that 'are within a site plan control area to establish and operate a
parking lot.
97-259
97-260
A by-law to. authorize monies for General Purposes (December 15, 1997)
A by-law to sstablish a one-foot reserve as a public highway to be known as
and to form part of Ailanthus Avenue.
97-261
97-262
A by-law to ,.~uthodze a release and abandonment of an easement over Lots
Nos. 1, 2, 3, 4, 5, 6 and 7 on Registered Plan No. 61 and Lot Nos. 174 and 175
on Register~ d Plan No. 64.
A by-law to ~uthorize the purchase of 8.58 acres being Parts 1, 3 and 5 on
Reference ~c~lan No. 59-R10090, from Ontario Hydro for the sum of
$200,000. 0(,) plus G.S. T.
97-263
A by-law to a, uthorize the execution of an Agreement of Purchase and Sale
with 119886,~:! Ontario Limited respecting the pumhase of lands being part of
Township Lo~t 170 located on McLeod Road, comprised of approximately 23
acres.
The motion Carried with Alderman Orr abstaining from the vote on By-law No. 97-258 on
a conflict of interest; and Aldermen Campbell, Craitor, Cummings, Janvary, Michalczyk
and Pietrangelo abstaining from the vote on By-law No. 97-259 on conflicts of interest
previously noted; and Alde~i.en Fisher, Orr, Volpatti and Wing voting contrary to the
motion on By-Law No. 97-263 and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by AIderman Cummings, that
the following by-laws be now read a second and third time:
97-256
A by-law to establish Parts 3 and 4 on reference Plan 59R-10088 as a public
highway, to be known as and to form part of Cardinal Drive.
97-257
A by-law to establish Parts 5 and 6 on Reference Plan 59R-2361, Part 1 on
Reference Plan 59R-3208 and a one foot reserve adjoining the easterly limit
of Part 1 on Reference Plan 59R-3208 as a public highway, to be known as
and to form part of Valley Way.
11 -
97-258
A by-law to authorize the execution of an agreement with Her Majesty the
Queen in right of Ontario, as represented by the Chair of the Management
Board of Cabinet, Ontario Hydro, Ontario Casino Corporation respecting
lands that are within a site plan control area to establish and operate a
parking lot.
97-259 A by-law to authorize monies for General Purposes (December 15, 1997)
97-260
A by-law to establish a one-foot reserve as a public highway to be known as
and to form part of Ailanthus Avenue.
97-261
A by-law to authorize a release and abandonment of an easement over Lots
Nos. 1,2, 3, 4, 5, 6 and 7 on Registered Plan No. 61 and Lot Nos. 174 and 175
on Registered Plan No. 64.
97-262
A by-law to authorize the purchase of 8.58 acres, being Parts 1, 3 and 5 on
Reference Plan No. 59-R10090, from Ontario Hydro for the sum of
$200,000. O0 plus G.S. T. ~
97-263
A by-law to authorize the execution of an Agreement of Purchase and Sale
with 1198863 Ontario Limited respecting the purchase of/ands being part of
Township Lot 170 located on McLeod Road, comprised of approximately 23
acres. .:-
The motion Carried with Alde~an Orr abstaining from the vote on By-law No. 97-258 on
a conflict of interest; and Aldermen Campbell, Craitor, Cummings, Janvary, Michalczyk
and Pietrengelo abstaining from the vote on By-law No. 97-259 on conflicts of interest
previously noted; and Alder,~en Fisher, Orr, Volpatti and Wing voting contrary to the
motion on By-Law No. 97-263 and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by AIderman Cummings, that
leave be granted to introduce the following by-law and the byelaw be read a first time:
97-255 A by-law to provide for Appointments to certain Boards, Commissions and
Committees. . ~
:~ Carded Unanimously
ORDERED on the motion of Alderman Pietrangelo, seconded t~i/ Alderman Cummings, that
the following by-law be now read a second and third time: ,~
97-255 A by-law to provide for Appointments to certair~ Boards, Commissions and
Committees.
Carded Unanimously
NEW BUSINESS
A~ocation of Funds
Alderman Pat Cummings requested an allocation of funds in the amount of
$1,000.00 to Mike Stranges toward his Olympic Training program.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Feren, that a
$1,000.00 grant be allocated to Mike Stranges toward his Olympic Training Program.
Carded Unanimously.
IIIII I I ~ I II1 fillre:
12 -
Lundy House Demoftion
Alderman Janice Wing discussed the demolition of the Lundy House and expressed
concems on the loss of the last Loyalist House in the community and the preservation of
such historical properties. Alderman Wing suggested that when proposals, to preserve
heritage properties come before Council, that they be looked at very closely.
Following the discussion, Mayor Thomson advised that our City Historian, Mr.
Sherman Zavitz would be providing a log identifying the historical properties within the City.
Gas Price Increases
Alderman Shidey Fisher referred to correspondence received regarding increases
in gas prices and advising of the creation of a work. ing group of representatives of
government and industry and consumers, to examine the reasons for price hikes in
regional markets during busy times of the year.
Roadside Maintenance of Highway 420 and the QEW
Alde~an Shirley Fisher referred to correspondtgnce with respect to roadside
maintenance on Highway 420 and the QEW. Aldermar., Norm Puttick advised that not
enough was being done in that regard and that more work was needed in that area.
Traffic on Dawson Street
Alderman Pat Cummings advised of complaints he had received from a resident
with respect to the increased traffic in the area of Dawson Street and Dorchester Road
and advised that he had suggested that a petition be circulated in the area and be
presented to Council at a future date.
Leisure Guide
Alderman Pat Cummings referred to the nev/ Leisure Guide which had been
supplied to members of Council and indicated that it ~/ould be an invaluable source of
information to the new members of Council as it listed many contact people the Aldermen
may require.
Letter of Condolence
ORDERED on the motion of Alderman Orr, seconded by Aldeiiiian Volpatti, that a letter
of condolence be forwarded to the family of the late Dave Kemp Sr., father of former Fire
Chief Dave Kemp and well-respected citizen of the community. Carried Unanimously.
Snowplowing at Huron Manor and Buckley Towers
Alderman Judy Orr referred to the recent snowstorm and the plowing of streets at
the Senior Citizen residences at Buckley Towers and Huron Manor;, she was advised by
Alderman Campbell that Queen and Huron Streets are plowed first and that the Senior
Citizens residences are plowed later in the a~emoon.
-13-
Winter Festival of Lights Update
Mayor Thomson provided an update of the upcoming Winter Festival of Lights
activities; with the "Candles in the Park" event on December 20, 1997; and the New
Years Eve events followed by the Fireworks Display on December 31, 1997.
Letter of Congratulations
ORDERED on the motion of Alderman Craitor' seconded by Alderman Cummings, that a
letter of congratulations be forwarded to former Niagara Falls hockey player, Mike Gartner,
who is presently playing for the Phoenix Coyotes in recognition of achieving his 700th
hockey goal in his career. Carried Unanimously.
Former Union Centre
Mayor Thomson commented on the former Union Centre being run by a COBRA
Club new owner and of the status of the City's position of opposition.
Letter of Congratulations ~:
ORDERED on the motion of AIdennan Cummings, seconded by Alderman Volpatti, that
a letter of congratulations be forwarded to Debbie Zimmerman, on her recent appointment
as Regional Chair. Carded Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Wing, that the
meeting be adjoumed. Cardecl Unanimously.
READ AND ADOPTED,
BIll I III II IIIIII