2001/01/15SECOND MEETING
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
DISCLOSURES OF PECUNIARY INTEREST
Council Chambers
January 15, 2001
Council met on Monday, January 15, 2001 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.
Alderman Feren requested that the Minutes be amended to reflect his appointment
to Niagara Falls Tourism.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that
the Minutes of the Planning /Regular Meeting of January 8, 2001 be adopted as amended.
Carried Unanimously.
Alderman Wing indicated a pecuniary interest on Report F- 2001 -02, Cheque No.
M93195 and on Report No. CS- 2001 -02 because she is an officer of the organization on
whose behalf the expense was incurred.
Alderman Fisher indicated a pecuniary interest on Report F- 2001 -02, Cheque No.
257151 because a family member is employed by the organization.
Alderman Craitor indicated a pecuniary interest on Report F- 2001 -02, Cheque No.
257158; 257193 and 257114 because a family member is employed by the Region.
COMMUNICATIONS
Communication No. 04 Victoria /Centre B.I.A. Re: 2001 Board of Management. The
communication requests that Council confirm the following appointments to the
Victoria /Centre B.I.A. Board of Management: Chairman Vince Kerrio; 1s` Vice Chairman
Vince Kerrio; 2n Vice Chairman Frank La Penna; Treasurer Jirri Roberto; Secretary
Matt Costanza; Parking Traffic Carmen Menechella.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that
Council confirm the appointments to the Victoria /Centre B.I.A. 2001 Board of
Management. Carried Unanimously.
REPORTS
F- 2001 -02 Chief Administrative Officer Re: Municipal Accounts. The report
recommends that Council approve the municipal accounts totalling $1,016,977.67 for the
period ending January 15, 2001.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
report be received and adopted. The motion Carried with Alderman Wing, Fisher and
Craitor abstaining from the vote on conflicts of interest previously noted and with all others
voting in favour.
See By -law No. 2001 -17
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F•2001 -03 Chief Administrative Officer Re: Approval of Spending Limits Prior to
the Approval of the 2001 Budget Estimates. The report recommends the following:
That, in the absence of an adopted 2001 Current Budget, City Council approve the
following:
1. That City departments be allowed to incur costs to a level of 30% of the
departmental expenditure budget of the prior year;
2. That new capital items deemed essential by a department be approved by City
Council prior to purchase;
3. That this policy be communicated to all Commissions, Boards and Agencies, and
that City contributions not exceed a monthly pro rata share of the prior year's
support.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Campbell, that the
report be received and adopted. Carried Unanimously.
The Chief Administrative Officer responded to enquiries with respect to the
purchase of buses and advised as a result of budget comments made by Council members
with respect to the budget, it was decided to put the bus purchase on hold in order to give
Council the opportunity to reconsider the purchase and indicated that if Council was of the
view to reactivate the bus purchase, he could speak with the General Manager of the
Transit Commission.
HIR- 2001 -01 Chief Administrative Officer Re: City Employees' Social Night. The
report recommends that Council authorize an expenditure of $2,500 towards the operating
costs of the City Employees' Social Night.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimously.
PD- 2001 -01 Chief Administrative Officer Re: Application for Site Plan Approval;
SPC- 44/2000, 3770 Montrose Road; Mount Carmel Centre, Phase Four. The report
recommends the following:
1. That Council approve the site plan for phase four of the Mount Carmel Centre
development;
2. That an amendment to By -law 80 -114 include the fire route as a municipality
designated fire route under the said by -law.
ORDERED on the motion of Alderman Feren, seconded by Alderman Hendershot, that the
report be received and adopted. Carried Unanimously.
See By -law No. 2001 -09
PID- 2001 -02 Chief Administrative Officer Re: Public Meeting, Street Name Change
Request; Buchanan Avenue (South of Ferry Street) and Oakes Drive; Proposal
"Fallsview Boulevard The report recommends that Council consider this report and
comments received at tonight's public meeting and determine if they wish to change the
street names to "Fallsview Boulevard
-AND
Communication No. 05 Correspondence from The Lundy's Lane Historical Society.
The communication advises of its opposition to the proposed renaming of a portion of
Buchanan Avenue and Oakes Drive to Fallsview Boulevard.
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-AND
Communication No. 06 Kym Cody, Chair, Local Architectural Conservation Advisory
Committee (LACAC). The communication advises that LACAC is in support for the portion
south of Robinson Street in order to provide for the future extension of the Grand
Boulevard alignment to Victoria Avenue and also to preserve a portion of the original
Buchanan Avenue within the City of the Falls plan; and that LACAC also supports the
reuse of the name Oakes Drive at the first appropriate opportunity.
His Worship Mayor Thomson advised that Council of The Corporation of the City
of Niagara Falls has caused to be published in the Niagara Falls Review, in its issues of
December 23 30 2000 and January 6 and 13 2001, a notice pursuant to the
provisions of section 210 (111) of the Municipal Act that it proposes to pass a by -law at this
evening's meeting to change the name of part of Buchanan Avenue to Fallsview
Boulevard.
His Worship Mayor Thomson received a negative response from the City Clerk that
no persons had applied claiming that his or her land would be prejudicially affected by the
street name change
Mrs. R. De Benedetti, 5523 Buchanan Avenue, expressed the opinion that the name
of Buchanan Avenue should not be divided and that if the street name is to be changed,
that it should be changed the whole way through.
Discussions ensued regarding giving some consideration to having plaques installed
that would provide a brief history of the street and of the area.
Mr. Jim Mitcheson, Lundy's Lane Historical Society expressed concerns with respect
to the loss of the Buchanan name which is associated with a very prominent man in the
City and advised that discussions would be taking place regarding the consideration of
historical plaques in the area.
Mr. David Jovanovic, Chair, Fallsview B.I.A. reassured Council that the Fallsview
B.I.A. was very much in favour of the preservation of the historical significance of the
Buchanan and Oakes name and were in the process of developing marketing plans for the
area.
Following further discussion, it was ORDERED on the motion of Alderman Fisher,
seconded by Alderman Volpatti, that the report be approved in principle, and that the
matter be referred to LACAC, the Lundy's Lane Historical Society and the Fallsview BIA
for further discussions. Carried Unanimously.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
communications be received and filed. Carried Unanimously.
BBS- 2001 -01 Chief Administrative Officer Re: 7500 Lundy's Lane, Canada One
Mall. The report recommends that Council approve the application for a wall sign, having
an area of two-hundred and ninety -nine (299) square feet for the Canada One Mall at 7500
Lundy's Lane.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that
the report be received and adopted. Carried Unanimously.
MW- 2001 -07 Chief Administrative Officer Re: Russell Street at St. George Avenue;
Traffic Operations Review. The report recommends that this report be received for the
information of Council.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the
report be received and filed. Carried Unanimously.
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MW- 2001 -08 Chief Administrative Officer Re: Conveyance of One Foot Reserve,
Spring Blossom Drive. The report recommends that Council authorize the transfer of
Block 255 Plan 59M -229 to 800460 Ontario Limited who is the owner of the adjacent lands.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
that the report be received and adopted. Carried Unanimously.
See By -law No. 2001 -11
See By -law No. 2001 -12
Verbal Report Director of Municipal Works Re: Report on Winter Maintenance.
The Director of Municipal Works provided a verbal update on the snowplowing program
during the month of December due to the excessive amount of snowfall; reviewed the
protocol for sidewalk cleanup; advised that the matter of snow removal at the Chippawa
Whitman Bridge would be looked into and provided information on the $20.00 monthly
water meter charge which pays for sewer maintenance costs.
Alderman Craitor provided brochures from the City of St. Catharines to the Director
of Municipal Works with regard to helping senior citizens and the physically handicapped
through the use of volunteers and students to clear away the snow.
Following the discussion, it was ORDERED on the motion of Alderman Craitor,
seconded by Alderman Wing, that staff look at the issue of helping senior citizens and the
physically handicapped through the assistance of volunteers and students to help clear
away the snow. Carried Unanimously.
CS- 2001 -02 Chief Administrative Officer Re: Community Centre, Ontario
SuperBuild Project. The report recommends the following:
That Council approve the attached resolution indicating:
a) That Council has assessed its capital priorities against the Sports, Culture, and
Tourism Partnership and intends to submit a letter of intent for qualifying the
Community Centre for funding;
b) That Council considers the Community Centre project to be its highest sport,
recreational, cultural or tourism infrastructure priority for the Municipality;
c) That the Municipality is compliant or in the process of gaining compliance with the
new Ministry of Environment Drinking Water Protection Regulation, Ontario
Regulation 459/00.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that
the report be received and adopted. The motion Carried with Alderman Wing abstaining
from the vote on a conflict of interest previously noted and with all others voting in favour.
See Resolution No. 03
L•2001 -02 Chief Administrative Officer Part of the Road Allowance between
Stamford Township Lot 74 B.F. and Lot 75 Designated as part 2 on reference Plan
No. 59R- 11249. The report recommends that a conveyance of part of the road allowance
designated as Part 2 on reference Plan No. 59r -11249 to Niagara Glen -View Tent Trailer
Park Limited for $165,000.00 be authorized.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
See By -law No. 2001 -14
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L- 2001 -07 Chief Administrative Officer Re: Establishment of Road Widening as
a Public Highway, Willoughby Drive. The report recommends that the road widening,
described as Part 3 on Reference Plan No. 59R- 111253 be established as a public
highway, to form part of Willoughby Drive.
ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
RESOLUTIONS
See By -law No. 2001 -13
L- 2001 -08 Chief Administrative Officer Release of Easement over Part of Block 18,
Plan 59M -273, Costabile Drive. The report recommends that the easement for storm
sewer drainage over part of Block 18 on registered Plan No. 59M -273 be released, at no
cost to the City.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimously.
See By -law No. 2001 -10
NO. 02 PIETRANGELO FEREN WHEREAS the Regional Municipality of Niagara has
established a Steering Committee to oversee the development and implementation of a
comprehensive transportation strategy for the Niagara Region; AND WHEREAS the
Steering Committee is mandated to investigate various transportation modes and systems
including: auto, truck, transit, rail, air, marine, pedestrian and bicycle; AND WHEREAS
most of the media attention surrounding the transportation strategy and discussion during
the public forums has have focussed exclusively on the issue of vehicular traffic; AND
WHEREAS there is a significant opportunity to capitalize on the Region's existing air links
especially with the presence of the Niagara District Airport located in Niagara -on- the -Lake;
AND WHEREAS the Niagara District Airport has potential to expand its facilities;
WHEREAS the Niagara District Airport would not compete with commercial air traffic so
close to Toronto, Hamilton and Buffalo, it could be better utilized by bringing in more tourist
charter services to the Niagara Region and expanding its current cargo services; AND
WHEREAS an increase in traffic at the Niagara District Airport would create economic
benefits throughout the entire Niagara Region; WHEREAS any expansion of the Niagara
District Airport Services would require the financial support of the private and public
sectors; THEREFORE BE IT RESOLVED that the Regional Municipality of Niagara
conduct a study to look at better utilizing air links available in the Region and the feasibility
of increased services at the Niagara District Airport; AND the Seal of the Corporation be
hereto affixed.
Carried Unanimously
NO. 03 PIETRANGELO IOANNONI WHEREAS the Council of the Corporation of the
City of Niagara Falls (the "Municipality has received and considered the Government of
Ontario SuperBuild Corporation Sports, Culture and Tourism Partnership "SCTP initiative
Round 1 Application Guidebook (the "Guidebook AND WHEREAS Council has assessed
its capital priorities against the SCTP initiative Round 1 application requirements as set out
in the Guidebook and intends to submit a letter of intent for qualifying the "Community
Centre" project (the "Project for funding under Round 1 of the SCTP initiative; AND
WHEREAS Council confirms that the Municipality is compliant or in the process of gaining
compliance with the new Ministry of Environment Drinking Water Protection Regulation,
Ontario Regulation 459/00 made August 9, 2000 "DWPR AND WHEREAS Council
considers the Project to be its highest sport, recreational, cultural or tourism infrastructure
priority for the Municipality; AND WHEREAS Council confirms that the Municipality does
not have any outstanding public health and safety issues or projects affecting its existing
sport, recreational, cultural and tourism facilities; AND WHEREAS Council has made this
resolution on the understanding that the recitals set out herein will be relied upon by the
Ontario SuperBuild Corporation in considering the Project application for funding under
Round 1 of the SCTP initiative;
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NOW THEREFORE the Council of the Corporation of the City of Niagara Falls hereby
resolves that the Clerk is directed to submit a letter of intent to the Ontario SuperBuild
Corporation respecting the qualification of the Project for funding under Round 1 of the
SCTP initiative. AND the Seal of the Corporation be hereto affixed.
The motion Carried with Alderman Wing abstaining from the vote on a conflict of interest
previously noted and with all others voting in favour.
BY -LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that
leave be granted to introduce the following by -laws, and the by -laws be read a first time:
2001 -08 A by -law to provide for the adoption of an amendment to the City of
Niagara Falls Official Plan. (Re: AM- 30/00, Chatters)
2001 -09 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.
2001 -10 A by -law to authorize a release and abandonment of a storm water
easement over part of Block 18 on registered Plan No. 59M -273
designated as part 3 on Reference Plan No. 59R -10953 as set out in
Instrument No. L.T. 150222 (Re: L- 2001 -08)
2001 -11 A by -law to declare surplus a one foot reserve described as Block 255
on registered Plan No. 59M -229 and to waive notice to the public, by
advertising in the local newspaper, of the said Block being declared
surplus and of the proposed conveyance of the said Block 800460
Ontario Limited, for nominal consideration (Re: MW- 2001 -08)
2001 -12 A by -law to authorize the transfer of a one foot reserve, described as
Block 255 on registered Plan No. 59M -229 in the City of Niagara
Falls, in the Regional Municipality of Niagara, to 800460 Ontario
Limited for nominal consideration. (Re: MW- 2001 -08)
2001 -13 A by -law to establish Part 3 on Reference Plan No. 59R- 11253, as a
public highway, to be known as and to form part of Willoughby Drive.
(Re: Report L- 2001 -07)
2001 -14 A by -law to authorize the conveyance of the closed portion of the road
allowance between Township Lot No. 74 Broken Front and Lot No. 75
in the former Township of Stamford now in the City of Niagara Falls,
in the Regional Municipality of Niagara designated as Part 2 on
Reference Plan No. 59R -11249 to Niagara Glen -View Tent Trailer
Park Limited for the appraised value of $165,000.00. (Re: Report L-
2001-02)
2001 -15 A by -law to amend By -law No. 79 -200, as amended. (Re: AM-
27/2000, Niagara Worship Centre)
2001 -16 A by -law to authorize the execution of a Subdivision Agreement with
262504 Cosmetics Limited, Alfredo Costabile and Eric Henry
respecting the Parkwood Estates Subdivision.
2001 -17 A by -law to authorize monies for General Purposes (January 15,
2001)
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The motion Carried with Alderman Wing, Fisher and Craitor abstaining from the vote on
by -law No. 2001 -17 on conflicts of interest previously noted and with all others voting in
favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
by -laws be now read a second and third time:
2001 -08 A by -law to provide for the adoption of an amendment to the City of
Niagara Falls Official Plan. (Re: AM- 30/00, Chatters)
2001 -09 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.
2001 -10 A by -law to authorize a release and abandonment of a storm water
easement over part of Block 18 on registered Plan No. 59M -273
designated as part 3 on Reference Plan No. 59R -10953 as set out in
Instrument No. L.T. 150222 (Re: L- 2001 -08)
2001 -11 A by -law to declare surplus a one foot reserve described as Block 255
on registered Plan No. 59M -229 and to waive notice to the public, by
advertising in the local newspaper, of the said Block being declared
surplus and of the proposed conveyance of the said Block 800460
Ontario Limited, for nominal consideration (Re: MW- 2001 -08)
2001 -12 A by -law to authorize the transfer of a one foot reserve, described as
Block 255 on registered Plan No. 59M -229 in the City of Niagara
Falls, in the Regional Municipality of Niagara, to 800460 Ontario
Limited for nominal consideration. (Re: MW- 2001 -08)
2001 -13 A by -law to establish Part 3 on Reference Plan No. 59R- 11253, as a
public highway, to be known as and to form part of Willoughby Drive.
(Re: Report L- 2001 -07)
2001 -14 A by -law to authorize the conveyance of the closed portion of the road
allowance between Township Lot No. 74 Broken Front and Lot No. 75
in the former Township of Stamford now in the City of Niagara Falls,
in the Regional Municipality of Niagara designated as Part 2 on
Reference Plan No. 59R -11249 to Niagara Glen -View Tent Trailer
Park Limited for the appraised value of $165,000.00. (Re: Report L-
2001-02)
2001 -15 A by -law to amend By -law No. 79 -200, as amended. (Re: AM-
27/2000, Niagara Worship Centre)
2001 -16 A by -law to authorize the execution of a Subdivision Agreement with
262504 Cosmetics Limited, Alfredo Costabile and Eric Henry
respecting the Parkwood Estates Subdivision.
2001 -17 A by -law to authorize monies for General Purposes (January 15,
2001)
The motion Carried with Alderman Wing, Fisher and Craitor abstaining from the vote on
By -law No. 2001 -17 on conflicts of interest previously noted and with all others voting in
favour.
Governance Issue
NEW BUSINESS
Alderman Gary Hendershot referred to the participation of Niagara Falls, the Region,
local municipalities and the Berkley Group to create a "Made in Niagara" Governance
model and of the Provincial Government guidelines which provide specific objectives for
arnalgamation to include fewer municipal politicians and requested a report from the CAO
on the matter. Mayor Thomson distributed a resolution dealing with the Governance issue,
indicating that the Provincial Government had provided specific objectives for
arnalgamation which would include fewer municipal politicians; lower taxes; better, more
efficient service delivery; less bureaucracy, clear lines of responsibility and better
accountability at the local level.
Following some discussion, it was ORDERED on the motion of Alderman
Hendershot, seconded by Alderman Campbell, that a report be prepared with respect to
the Governance issue. The motion Carried with Aldermen Craitor, Feren and Wing voting
contrary to the motion and with all others voting in favour.
Alderman Volpatti referred to a series of seminars being held in February in Toronto
dealing with municipal amalgamations.
Niagara District Airport
His Worship Mayor Thomson commented on the issue of the Niagara District
Airport, which has potential to expand its facilities and requested, through resolution, that
the Region conduct a study to look at better utilizing air links in the Region and the
feasibility of increased services at the Niagara District Airport.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
Region conduct a study to look at better utilizing air links in the Region and the feasibility
of increased services at the Niagara District Airport. Carried Unanimously.
See Resolution No. 02
READ AND ADOPTED,
ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the
meeting be adjourned. Carried Unanimously.
E. C. WAGG, CITY WAYNE THOMSO YOR