2001/07/16EIGHTEENTH MEETING
COMMITTEE-OF-THE-WHOLE
Council met on Monday, July 16, 2001 at 5:30 p.m. in Committee -of- the Whole. All
members of Council, with the exception of Aldermen Pietrangelo and Puttick, who were
away on vacation, were present. Alderman Kim Craitor presided as Chairman.
Following consideration of the items presented, the Committee -of- the -Whole rose
to report in open session.
READ AND ADOPTED,
E.C. WAGG, CITY CL AYNE THOMSON, MAYOR
PLANNING MEETING
Council met on Monday, July 16, 2001 at 6:00 p.m. for the purpose of considering
Planning and Regular Business matters. All members of Council, with the exception of
Aldermen Pietrangelo and Puttick, who were away on vacation, were present. Alderman
Ken Feren offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTEREST
Committee Room #2
July 16, 2001
Council Chambers
July 16, 2001
Alderman Campbell indicated a pecuniary interest on Report No. F- 2001 -50,
Cheque No. M93272, District School Board of Niagara, because he is employed by the
Board.
Alderman Craitor indicated a pecuniary interest on Report No. F- 2001 -50, Cheque
No. 260868 because he is the recipient; and on Cheque Nos. 260710; 260738; 260975;
260555; 260727 and 260412 because a member of his family is employed by the Region.
Alderman Federow indicated a pecuniary interest on Report No. F- 2001 -50, Cheque
No. M93274, Niagara Catholic School Board, because a member of his family is employed
by the Board.
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Alderman Volpatti indicated a pecuniary interest on Report BBS- 2001 -21 from
Community Services Committee, because a member of her family is employed by the
applicant.
Alderman Wing indicated a pecuniary interest on Report F- 2001 -50, Cheque Nos.
260402; 260974 and 260725 because she is an officer of the organization involved.
PRESENTATIONS
His Worship Mayor Thomson congratulated and presented a token of appreciation
to Mr. George Waters, past Chairman of the Business Development Advisory
Committee, for his community involvement over the past several years.
Mr. Waters expressed his appreciation to the Mayor and members of Council for
their support over the years.
DEPUTATIONS
Matt Menna Sports Endowment Fund
Mr. Peter Menna and Mrs. Karen Menna thanked all the individuals for their
involvement in the establishment of an endowment fund for young athletes who require
financial assistance, in memory of their son Matthew and requested that Council endorse
the policy
-AND
Report R- 2001 -31 Chief Administrative Officer Re:Matt Menna Sports Endowment
Fund. The report recommends that the attached policy be approved and that a letter
regarding the policy be forwarded to Canada Customs and Revenue Agency.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Federow, that the
policy be approved and that a letter regarding the policy be forwarded to Canada Customs
and Revenue Agency. Carried Unanimously.
His Worship Mayor Thomson thanked the Menna family for their attendance and
encouraged the community to support this worthwhile fund.
Operation CTL, Hard Hats, Soft Hearts
Mr. Garth McQueen, Manager, Learning Solutions, Canadian Tire Acceptance
Ltd., and Ms. Linda Branchchaud, Executive Director, Niagara Falls YWCA, provided
a video presentation and update on the YWCA project.
Ms. Linda Branchchaud expressed her appreciation to Canadian Tire Acceptance
Ltd. for all their hard work on the YWCA project and thanked staff for all their support.
Following the presentation, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Campbell, that a letter of thanks and congratulations be forwarded
to the Canadian Tire Acceptance Ltd., for all their hard work on the YWCA project. Carried
Unanimously.
Niagara Falls YMCA Twilight Road Race
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Ms. Jennifer Gollert, YMCA, 2001 Race Director, provided background
information on the YMCA Twilight Road Race and requested that Council support waiving
the costs involved in road closure and signage in connection with the Niagara Falls YMCA
Twilight 5km Road Race being held on July 21, 2001.
Following the presentation, it was ORDERED on the motion of Alderman Feren,
seconded by Alderman loannoni, to waive the costs involved with the road closure and
signage in connection with the Niagara Falls YMCA Twilight 5km road Race on July 21,
2001. Carried Unanimously.
Biaga Tomatafest
Ms. Carol Henderson, Niagara Parks Commission and Mrs. Paisley Janvary-
Pool, United Way, provided information on the upcoming Third Annual Niagara Bigga
Tomatafest being held at Queenston Heights Park on August 17t and August 19 2001
and requested that Council proclaim the week of August 13t to August 19 2001 as
"Niagara Bigga Tomatafest Week" and encouraged everyone to attend.
Following the presentation, it was ORDERED on the motion of Alderman loannoni,
seconded by Alderman Fisher, that the week of August 13 -19, 2001 be proclaimed as
"Niagara Bigga Tomatafest Week Carried Unanimously.
Drainage Course No. 6
Mr. John Spriet, Consultant advised that meetings had been held with staff and
interested landowners within the defined watershed area and indicated that the comments
received had been generally supportive of the project.
His Worship Mayor Thomson received a positive response to his request fora show
of hands by persons present who were interested in the project and received a negative
response for his request for persons who were in support or in opposition to the project.
-AND
Report MW- 2001 -92 Chief Administrative Officer Re: Municipal Drain, Engineer's
Report, Section 4, Drainage Act, Drainage Course No. 6, Montrose Road (Young
Road to Carl Road). The report recommends that the Council adopt the Engineer's
Report for Drainage Course No. 6 prepared under the authority of Section 4 of the
Drainage Act, R.S.O., 1989 and that staff be directed to prepare the provisional by -law as
prescribed in the Act.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
See By -law No. 2001 -125
Niagara Falls Health Professional Recruitment
Dr. David Dec, addressed Council on behalf of the Niagara Falls physicians with
respect to establishing a committee to deal with doctor recruitment and retention activities
and urged Council to approve the recommendation report.
-4
-AND
Report BDD- 2001 -01 Niagara Falls Health Professional Recruitment Task Force. The
report recommends the following:
1. That a Niagara Falls Health Professional Recruitment Task Force be established
immediately to address the current and future shortages in sustaining /attracting
doctors and other health professionals to our community;
2. That Council approve the composition of the Task Force;
3. That Council appoints its representative(s) to the Task Force;
4. That Council approves funding in the amount of $60,000 for the City program, and
further;
5. That Council consider $10,000 toward the Regional /Municipal Program.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
PLANNING MATTERS
PD- 2001 -63 Chief Administrative Officer Re: Consultant Presentation; Adult
Entertainment and Body Rub Parlour Study. The report recommends that Council
receive the input from the public on the Adult Entertainment and Body Rub Parlour Study
submitted by the Butler Group Consultants Inc.
His Worship Mayor Thomson declared the Public Meeting open and received
indication that Mr. David Butler, Butler Group and Ms. Susan Keir, Keir Group, Consultants,
were in attendance to discuss the study; and received a positive response to his request
for a show of hands by persons present who were interested in application.
Mr. Butler reviewed the study through a slide presentation and discussed the
purpose of the study; the background; the existing situation with adult entertainment
parlours; body rub parlours; regulations and enforcement; existing public policy context and
regulations; zoning and licensing; other municipal experiences; planning considerations;
referred to the options available and of the advantages and disadvantages for each: #1
Status Quo; #2 Add Distance Separation Buffers and Relocate through Buffering; #3
Provide for Alternative Locations for Adult Entertainment Parlours and Body -Rub Parlours
as Licences Expire; Mr. Butler advised that they would be pleased to meet with Council
to address any concerns regarding the options available and for an appropriate course of
action for the City of Niagara Falls.
Mayor Thomson 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; and 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. Felix Pinque, referred to the negative impact that these facilities would have on
neighbouring businesses and expressed strong opposition to having body rub parlours in
our community.
5
During the discussion it was ORDERED on the motion of Alderman loannoni,
seconded by Wing, that a letter be forwarded to the Crime Commission requesting that the
issue of body -rub parlours be put back on their priority list. Carried Unanimously.
Mr. Bill Horenz, Epworth Circle, expressed concerns with respect to the "Oasis
Massage Parlour" located on Victoria Avenue and of the activities that were being carried
out nightly and into the early morning hours.
Mr. Dino DeBenedetti, 5523 Buchanan Avenue, who was in attendance on behalf
of his parents residing in the area, questioned the distance separation of the proposed
facilities and enquired as to the number of allowable body rub parlours and locations.
In response to questions raised, the City Solicitor provided clarification on distance
separation and indicated that the Courts advise that the municipality has to provide, on
planning grounds, reasonable opportunity for these businesses to locate.
Ms. Letitia DiBellonia, a member of the Lundy's Lane BIA, expressed the following
concerns: that the City's Official Plan does not provide any direction as to what land use
designation that may be appropriate for any locational or performance criteria; that it is
contrary to the tourist commercial policies in the Official Plan Amendment and the Niagara
Falls Tourist area development strategy; that it is not consistent with the image of
community character and aspirations of the Lundy's Lane B.I.A.; it has a negative impact
on the perceived social and property values in the area. She indicated that she would like
to see amendments to the by -law that would decrease the limitation of licencing to tourist
commercial and to include industrial zoned areas; referred to the lack of provisions for the
distance separation between the adult entertainment parlours and the body rub parlours
from each other; suggested the elimination of clustering that is presently in existence;
increasing the requirements for minimum separation distance from sensitive use areas;
and suggested that body rub parlours should be located in the adult entertainment
parlours.
Ms. DiBellonia questioned what other communities were doing to police the illegal
body rub parlours in their communities.
Mr. Butler responded that many municipalities have very stringent Official Plan
policies that limit the number; locational criteria and distance separations and they are
much tougher in their enforcement side. He advised that increasing the land use
regulations and putting in more effort in the enforcement side. Mr. Butler advised that the
purpose of the meeting was to present the report and obtain public comments.
During the discussion, the City Solicitor referred to the "challenges of enforcement"
and advised that if landlords were considering renting to illegal body rub parlour owners,
and a conviction of operating without a licence was obtained, the City would seek a closure
order against the premises (landlord) and advised that the landlord would then be unable
to open that part of the rented premises for approximately 2 years.
The Director of Planning and Development indicated that through discussions with
the OMB representatives, it was suggested that the City develop a sound Official Plan
policy in order to provide a clear direction of where these facilities can be located and
under what circumstances.
Ms. Charlene Mayo enquired about the previous lottery draws; the denial of a
requested extension and of the Courts' decision regarding body rub parlours..
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The City Solicitor provided clarification on the Court's decision and its findings
dealing with body rub parlours and further advised that the Planner was requesting input
from the public this evening and would be preparing a further report to Council at an
upcoming meeting.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to the Adult Entertainment and Body -Rub Parlour
Study closed.
ORDERED on the motion of Alderman Feren, seconded by Alderman Wing, that the report
be received and referred to the Consultant to come back with a report to Council. Carried
Unanimously.
PD- 2001 -56 Chief Administrative Officer Re: Zoning By -law Amendment
Application; AM- 13/2001, South side of McLeod Road, East of Alex Avenue;
Proposed Long -Term Care Facility. The report recommends that Council approve the
Zoning By -law Amendment application to add a nursing home as a use on the lands
located on the south side of McLeod Road, east of Alex Avenue.
AND
Communication No. 126 Don Marlene Speck, 7349 Alex Avenue. The
communication requests that the mature trees and treeline be preserved in order to allow
the residents to continue having the privacy they have had since 1989.
AND
Communication No. 127 Sam B. Carrera. The communication advises as having no
objection to the proposal, but requests that the approval of the project have no effect on
any front, side or rear minimum set backs and that the properties remain TC zone
regulations; and that the maximum lot coverage, height of building or structure and
maximum floor area not be affected by this approval. Further, if future development of the
remaining properties requires any requirements for the purpose of noise, privacy or any
other need shall be provided by the owners of the nursing home and that the costs be
absorbed by the nursing home owners.
AND
Communication No. 128a) Regional Niagara, Public Works Department. The
communication requests that the application be held in abeyance until a traffic study has
been completed for this area; AND Communication No. 128b) Regional Niagara,
Planning and Development Department. 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 the Regulations by prepaid first class mail on June 15, 2001.
His Worship Mayor Thomson received indication that Mr. Harold Kersey, 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.
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The Director of Planning and Development discussed the subject lands with the
assistance of posted sketches; reviewed the information contained in the Recommendation
Report; The Proposal; The Planning Review; and the Public Notification Process. He
advised that the proposed development was very compatible and that staff were
recommending approval subject to site plan control dealing with fencing; storm water
management; tree preservation plan and fire access.
In response to questions raised, the Director of Planning and Development advised
that the Region was currently studying the transportation requirements in the McLeod
Road /Marineland Parkway corridor and suggested that if a traffic light was going to be
installed specifically to that area, then it would be paid for by the developer.
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.
Ms. Marlene Speck, 7348 Alex Avenue, was of the opinion that the proposal was
an excellent idea, but requested that the mature trees and the treeline be preserved in the
neighbourhood and she further requested to be part of the site plan approval process.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM- 13/2001, closed.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
report be received and adopted and that the neighbours be included in the site plan
process. Carried Unanimously.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
correspondence be received and filed. Carried Unanimously.
See By -law No. 2001 -132
PD- 2001 -58 Chief Administrative Officer Re: Zoning By -law Amendment
Application; AM- 12/2001, 3470 Sinnicks Avenue; Proposed Community Building Use.
The report recommends that Council approve the application to add a community building
and respite facility as a use in the existing building at 3470 Sinnicks Avenue.
-AND
Communication No. 129 Mrs. Mavis Alexander and residents from Vine Street. The
communication indicates that the application is for a proposed community building and that
any further additions to the building or new building construction on this property would
require further applications and further requests that the application not permit a detention
centre for children or adults or any other uses.
-AND
Communication No. 130 Canadian National Railway Properties Inc. The
communication comments that they recommend that the owner engage a consultant to
undertake an analysis of noise and provide abatement measures necessary to achieve the
maximum level limits set by the Ministry of Environment.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with the Regulations by prepaid first class mail on June 15, 2001.
8
His Worship Mayor Thomson received indication that the applicant, Mr. Gary Laws,
Executive Director, of the Donald L. Reilly Centre, 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 discussed the subject lands with the
assistance of posted sketches; reviewed the information contained in the Recommendation
Report; The Proposal; The Planning Review; and the Public Notification Process. He
advised that staff were recommending approval of the application because the proposal
conformed with the general intent and purpose of the Official Plan; that the proposal was
similar to the previous school use and was compatible with the surrounding residential
area and the requested amendment was appropriate for the proposed uses and that staff
were recommending approval.
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.
Mr. Robert Marcon, 3471 Sinnicks, questioned the length of stay and the hours or
operation.
Mr. Gary Laws advised that the proposal would provide for week -end respite
services to developmentally challenged youngsters ages 6 to 16 years.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM- 12/2001, 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
correspondence be received and filed. Carried Unanimously.
See By -law No. 2001 -137
PD- 2001 -62 Chief Administrative Officer Re: Zoning By -law Amendment
Application; AM- 0912001, Calaguiro Estates Phase 2; Applicant: Kybala Ventures
Inc., Agent: Conlin Associates Limited. The report recommends that Council approve
the requested amendment to the Zoning By -law for the undeveloped portion of Calaguiro
Estates as detailed in this report to provide site specific R1A standards for lot area, lot
frontage, interior side yard width, minimum floor area, provision of garages and an EPA
zoning category for a woodlot/sloped area.
-AND
Communication No. 131 Regional Municipality of Niagara, Regional Public Works
Dept. 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.
9
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with the Regulations by prepaid first class mail on June 15, 2001.
His Worship Mayor Thomson received indication that Mr. Conlin and Mr. Bassiano,
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 discussed the subject lands with the
assistance of posted sketches; reviewed the information contained in the Recommendation
Report; The Proposal; the Public Notification Process and the Planning Review.
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 Chief Administrative Officer advised that the applicant had requested that
consideration be given to proceed with a plan of subdivision through the powers that the
municipality has to subdivide this land, providing that the monies received for this land
could be substantiated by the appraiser on the basis that it was 6 lots and provided that
the City would receive the same type of considerations under an agreement that the City
would get under a plan of subdivision; and further that when this matter came back to
Council for formalization, the public would be notified and that staff was satisfied to
proceed this way.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM- 09/2001, closed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the
correspondence be received and filed. Carried Unanimously.
See By -law No. 2001 -134
Letter of Condolence
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that a letter
of condolence be forwarded to the family of the late Nick Bassiano, a well- respected citizen
of the community. Carried Unanimously.
REPORT PD- 2001 -60 WAS NOT PROVIDED Chief Administrative Officer Re:
Zoning By -law Amendment Application, AM- 08/2001, Grand Niagara Resort Corp.
(Glen Schnarr Associates); Montrose /Grassy Brook/Biggar Roads.
-AND
Communication No. 132 Canadian National Railway Properties Inc. The
communication requests that the City include the setback requirement in the Zoning By -law
Amendment and that the owner register on title, an Agreement with CN, stipulating how
CN's concerns will be addressed, prior to the passing of the by -law.
-AND
Communication No. 133 Thomson Rogers, Solicitors, for Cytec Canada Inc. The
communication advises as not being in opposition to the approval of the Official Plan
Amendment and zoning by -law subject to the following: 1) Incorporation of a provision into
the site specific Official Plan Amendment language recognizing the buffer principle from
Cytec lands; 2) Incorporation of a minimum distance separation from the Cytec lands to
the resort block of the Grand Niagara development in the zoning by -law; 3) Confirmation
from City planning staff and Glenn Schnaar in writing that the distance separation on the
revised proposal is the same distance separation as on the original proposal.
The Director of Planning and Development advised that the matter had been
approved in principle, subject to certain conditions being met and advised that the
boundaries of the wet lands had not yet been resolved. He advised that the purpose of the
meeting was to provide the developer with an opportunity to address Council as to why he
wished to develop the wetlands.
Mr. Glen Schnarr, Consultant, Grand Niagara Resort Corp. reviewed both
Schedules as submitted to Council and advised that any minor discrepancies could be
resolved through meetings with staff with regard to the boundary issue.
Following some discussion, it was ORDERED on the motion of Alderman Fisher,
seconded by Alderman Volpatti, that the report be approved subject to having
consultations with the applicant and staff on the issue of the wetland boundaries. The
motion Carried with Alderman Wing voting contrary to the motion and with all others voting
in favour.
See By -law No. 2001 -156
See By -law No. 2001 -157
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Alderman Wing requested leave due to illness.
PD- 2001 -57 Chief Administrative Officer Re: Official Plan and Zoning By -law
Amendment, AM- 20/99; Policies for Testamentary Devise Parcels. The report
recommends that Council authorize staff to process the revised Official Plan amendment
policies and corresponding zoning provisions for a public meeting on September 10, 2001.
ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that the
report be received and adopted. Carried Unanimously.
PD- 2001 -59 Chief Administrative Officer Re: Zoning By -law Amendment
Application; AM- 34/2000, 4674 Ferguson Street; Proposed Private Club for The
Canadian Corps., Unit 104. The report recommends the following:
1. That Council pass the amending by -law for a proposed private club at 4674
Ferguson Street and, prior to the passing of the by -law, determine by resolution, in
accordance with section 34 (17) of the Planning Act, that the change proposed to
the by -law after the holding of the public meeting will not require the giving of any
further notice;
2. That Council receive, for information purposes, the update contained in this report
regarding the environmental assessment of the property.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
See By -law No. 2001 -147
Physician's Recruitment Committee
Highway Signage
Weed Cutting on Hydro Property
Niagara Falls Airport
PD -2001 -61 Chief Administrative Officer Re: Release of Agreement; Beaverdams
Road (Southwest side) Rodilio Rita Recine. The report recommends that Council
pass the by -law to release an agreement between the City and Rodilio Rita Recine,
dated June 17, 1987 and registered as Instrument Number 502052.
ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that the report
be received and adopted. Carried Unanimously.
REGULAR COUNCIL
ORDERED on the motion of Alderman loannoni, seconded by Alderman Fisher, that the
Planning /Regular Minutes of June 11, 2001 and the Minutes of the Special Council
Meeting of June 21, 2001 be adopted as printed. Carried Unanimously.
MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS
ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that
Aldermen loannoni and Volpatti be appointed to the Physician's Recruitment Committee.
Carried Unanimously.
His Worship Mayor Thomson discussed the issue of directional signage on the
highway for Marineland and requested that the Minister be contacted to consider having
directional signage on the highway to Marineland.
Following the discussion, it was ORDERED on the motion of Alderman Feren,
seconded by Alderman Fisher, to request that the Minister consider having directional
signage on the highway to Marineland. Carried Unanimously.
See By -law No. 2001 -141
His Worship Mayor Thomson referred to Ontario Hydro properties in the tourist
areas being in need of weed cutting and that City staff were making an effort to keep the
weeds cut in those areas.
ORDERED on the motion of Alderman Feren, seconded by Alderman loannoni, that a letter
be forwarded to Ontario Hydro requesting that the weeds be cut on hydro properties in the
tourist areas. Carried Unanimously.
His Worship Mayor Thomson referred to the Niagara Falls International Airport
which presently exists in Niagara Falls, New York and has the capacity to accept all types
of aircraft, and is presently under utilized and could be a definite asset to the area. He
requested that a resolution be prepared indicating that the City of Niagara Falls
encourages and supports the Province of Ontario, the State of New York to co- operate on
the development of the Niagara Falls International Airport in order that it can bring in all
manner of air traffic and truly serve this area as an airport facility.
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ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that a resolution
be prepared respecting the collaboration of the City of Niagara Falls, the Economic
Development in the Region, our M.P.P., representatives from the United States and the
Premier of Ontario to upgrade and improve the Niagara Falls International Airport and to
advise that the City supports them in utilizing the facility on both sides of the border.
Carried Unanimously.
COMMUNICATIONS
See Resolution No. 27
Optimist Club Request
His Worship Mayor Thomson advised that the Optimist Club had applied to the
Trillium foundation for a grant and requested a letter from the City advising that the City is
unable to provide the requested $80,000.
Following the discussion, it was ORDERED on the motion of Alderman Craitor,
seconded by Alderman Fisher, that the Optimist Club be advised that the City is unable to
provide the requested $80,000.00. Carried Unanimously.
Communication No. 134 Clifton Hill B.I.A. Re: Clifton Hill B.I.A. 2001 Budget. The
communication requests that Council approve the Clifton Hill B.I.A. 2001 Budget.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the request be approved. Carried Unanimously.
Communication No. 135 Fallsview B.I.A. Re: Fallsview B.I.A. Executive Committee.
The communication requests that Council approve the Executive Committee of the
Fallsview B.I.A.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the request be approved. Carried Unanimously.
Communication No. 136 Regional Niagara, Office of the Regional Clerk Re: Notice
of Application for Exemption under the Retail Business Holidays Act for Zehrs
Market, 6940 Morrison Street. The communication advises that the applicant is seeking
an exemption based on the tourism criteria for Victoria Day, Canada Day and Labour Day.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the request be approved. Carried Unanimously.
Communication No. 137a) Alderman Art Federow Re: Chippawa Willoughby Arena
Concession. The communication requests that Council reaffirms its decision of May 14,
2001 to reclaim the concession operations at Stamford /Jack Bell Arena and Chippawa
Willoughby Memorial Arena and not return the operation to the Niagara South Recreation
Association; AND Communication No. 137b) Mr. Wayne Reid. The communication
provides comments with respect to the Skate Sharpening facilities at the Chippawa Arena.
Alderman Federow referred to the correspondence submitted and requested
Council's reconsideration of its decision to reclaim the concession operations at
Stamford /Jack Bell Arena and Chippawa Memorial Arena and that the operation not be
returned to the Niagara South Recreation Association.
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Mr. Brandon M. Boone, Solicitor, on behalf of the Niagara Falls Minor Hockey
Association commented that the City's actions regarding concession stands were
disturbing and indicated if revenue sources were removed, the registration fees would
have to be increased and requested Council's consideration of the matter.
Following the discussion, it was ORDERED on the motion of Alderman Feren,
seconded by Alderman Campbell, that the matter be deferred. The motion Carried with
Aldermen Hendershot and Federow voting contrary to the motion and with all others voting
in favour.
Communication No. 138 Village of Chippawa Citizen's Committee Re: Main Street
Closure, Niagara Falls. The communication expresses opposition to the closure of Main
Street from Murray Hill south to Fallsview Boulevard.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
correspondence be received and filed. Carried Unanimously.
Communication No. 139- Wayne S. Scott, Chair, Arts and Culture Commission Re:
Bicentennial Celebration of the War of 1812 -1814. The communication requests that
Council establish a committee to begin the process of laying the groundwork towards
celebrating the bicentennial celebration of the War of 1812 -1814.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
matter be referred to the Civic Committee. Carried Unanimously.
Communication No. 140 Victoria Centre B.I.A. Re: Restrooms for Visitors. The
communication requests that consideration be given in providing restroom facilities in the
city parking lot on Ellen Avenue between Walnut and Centre Streets.
ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the
matter be referred to staff. Carried Unanimously.
Communication No. 141 The Arthritis Society, Niagara Falls Branch Re: National
Arthritis Month. The communication requests that the month of September be proclaimed
as "National Arthritis" month in Niagara Falls and requests that a flag raising ceremony be
held on Wednesday, September 5, 2001 and further, that the flag remain displayed during
the entire month of September.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the
requests be approved. Carried Unanimously.
Communication No. 142- Ms. Ella Turcotte Re: Community Access Centre. The
communication expresses concems with respect to cutbacks in senior care at the
Community Access Centre.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the
communication be received and filed for information. Carried Unanimously.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Feren, that the
actions taken in Community Services Committee, earlier this evening be approved:
1. That the June 11, 2001 Community Services Committee Minutes be approved;
14
2. MW -2001 -67 Mewburn Road Site Servicing Agreement that the City enter into
an agreement with Canadian Niagara Hotels Inc. concerning the future
improvements to Mewburn Road across the frontage of the proponent's lands and
to receive a dedication of land on which the Mewburn Sanitary Pumping Station is
currently located;
3. MW- 2001 -93 -Grass Cutting of cul-de-sacs that the Grass cutting ofcul -de -sacs
report be received and filed;
4. MW- 2001 -101 Request for Removal of Parking Meters, Victoria Avenue BIA
that the request be reviewed in more detail through the formation of a subcommittee
made up of staff, Victoria Centre BIA members and Council;
5. R- 2001 -04 Policy 1000.27 Carnivals, Exhibitions and Tournaments on City
Owned Parks and Athletic Fields; and Policy 1000.28 Rules and Regulations
for the use of City Parks and Athletic Fields that the proposed revised Policies
1000.27 and 1000.28 be approved;
6. R- 2001 -32 Winter Ice Schedule for Municipal Arenas that the Schedules for
Special Events and Regular Use of Winter Ice for the 2001/2001 Season be
approved;
7. R -2001 -33 Agreement between Casino Niagara, Touchstone Site Contractors
Limited and the City of Niagara Falls for the Design and Construction of a
Decorative Fountain at the corner of Victoria Avenue Bender Street that the
City enter into an agreement with Touchstone Site Contractors for the design and
construction of a decorative fountain at the corner of Victoria Avenue and Bender
Street;
8. BBS- 2001 -18 Appointment of Municipal law Enforcement Officer Douglas
Evans that Douglas Evans be appointed as a Municipal By -law Enforcement
Officer;
9. BBS- 2001 -19 Appointment of Inspector Tom Ferguson that Tom Ferguson
be appointed as Inspector;
10. BBS- 2001 -20 3500 Portage Road Variance to Sign By -Law No. 6661 that
Council approve a variance to sign by -law No. 6661 for 3500 Portage Road;
11. BBS- 2001 -21 5905 Victoria Avenue Variance to Sign By -law No. 6661 that
Council approve a variance to sign by -law No. 6661 for 5905 Victoria Avenue;
12. BBS- 2001 -22 -CPR Bridge Murray Street Variance from Sign By -law No. 6661
that Council approve a variance to sign by -law No. 6661 for CPR Bridge Murray
Street.
The motion Carried with Alderman Volpatti abstaining from the vote on Report BBS -2001-
21 on a conflict of interest previously noted and with all others voting in favour.
See By -law No. 2001 -129
See By -law No. 2001 -131
MW- 2001 -94 Chief Administrative Officer Re: Consulting Services for the Class
Environmental Assessment Schedule "C" Fallsview Tourist Area Road Widenings.
The report recommends that in accordance with the City's Consultant Selection Policy, it
is recommended that the City of Niagara Falls enter into a Consulting Services Agreement
for the preparation of a Class Environmental Assessment for the Fallsview Tourist Area
Road Widenings with Delcan for the upset limit of $58,981, excluding GST.
15
ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
See By -law No. 2001 -126
MW- 2001 -95 Chief Administrative Officer Re: Contract 2001 -02, 2001 Sidewalk and
Concrete Repairs. The report recommends that the unit prices submitted by the low
tenderer, Sacco Construction Ltd., be accepted and the by -law be passed.
ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
See By -law No. 2001 -127
MW- 2001 -96 Administrative Officer Re: Contract 2001 -03, 2001 Asphalt Overlay
Program, City Wide. 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 Alderman Feren, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
See By -law No. 2001 -128
MW-2001-97 Chief Administrative Officer Re: Contract 2001 -09, 2001 Crack Sealing
Program, City Wide. The report recommends that the unit prices submitted by the low
tenderer, 788893 Ontario Ltd., aka Niagara Crack Sealing, be accepted and the by -law be
passed.
ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
See By -law No. 2001 -143
MW- 2001 -98 Chief Administrative Officer Re: Confirmation of Staff Action Loblaw
Properties Limited; Municipal Parking Lot #13 (Main St.) Reconstruction. The report
recommends that Council confirm the actions of staff regarding the indemnification of
Loblaw Properties Limited during the reconstruction of Municipal Parking Lot #13.
ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
MW- 2001 -100 Chief Administrative Officer Re: 2001 Ontario Traffic Conference
Annual Convention, Windsor. The report recommends that this report be received for the
information of Council.
ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the
report be received and filed for information. Carried Unanimously.
MW- 2001 -103 Chief Administrative Officer Re: Appointment of Consultant: Class
Environmental Assessment; Dorchester Road from Lundy's Lane to Thorold Stone
Road. The report recommends that in accordance with the City's Consultant Selection
Policy, it is recommended that the City of Niagara Falls enter into a Consulting Services
Agreement for a "Class Environmental Assessment Study of Dorchester Road from
Lundy's Lane to Thorold Stone Road" with DELCAN Corporation, for the upset limit of
$59,425.00.
ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
See By -law No. 2001 -150
MW- 2001 -104 Chief Administrative Officer Re: Municipal Servicing Agreement,
St. Patrick/St. George /Brock/McMickning Streets. The report recommends that the City
proceed with a cost sharing servicing agreement to provide storm sewers and road
reconstruction on existing roadways adjacent to the future Wiens Plan of Subdivision.
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 -153
16
R- 2001 -28 Chair, Environmental Planning and Greening Committee Re: Actions
Stemming from the Environmental Planning Greening Committee Meeting of June
20, 2001. The report recommends that Council endorse the actions from the June 20,
2001, meeting of the Environmental Planning Greening Committee and appoint 6 new
members from the community on the Committee.
Through secret ballot, the following members were appointed to the Environmental
Planning Greening Committee: Russell Boles; Nick Debendetti; Janet Krochuk;
Anna Lee; Eloise Schumacher and David Scott.
ORDERED on the motion of Alderman Feren, seconded gy Alderman Hendershot, that the
appointments be approved. Carried Unanimously.
R- 2001 -29 Chief Administrative Officer Re: Adopt -A- Walkway Program, Brian
Crescent and Harriman Street. The report recommends that the report is for the
information of Council.
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 -148
RATIFICATION OF MUNICIPAL PARKING TRAFFIC COMMITTEE
ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the
actions taken at the Municipal Parking and Traffic Committee meeting on June 19, 2001
be approved:
MW- 2001 -99 Chairperson, Municipal Parking and Traffic Committee Re: Municipal
Parking Traffic Committee, Recommendations, June 19, 2001 Meeting.
1. MW- 2001 -40 Drummond Road at North Street, School Crossing Guard
Review that the assistance of a school crossing guard be removed from the
intersection of Drummond Road and North Street;
2. MW- 2001 -58 Willoughby Drive between Weinbrenner Road and Marshall
Road Traffic Operations Review
a) that an all -way stop control not be installed at the intersections of Willoughby
Drive at Weaver Road and Willoughby Drive at Miller Road;
b) that a "50 km /h Ahead" sign be installed facing northbound motorists on
Willoughby Drive at a point 425 metres south of Weinbrenner Road;
c) that staff post additional 60km /h sign along Willoughby Drive;
3. MW- 2001 -68 MacDonald Avenue, Powell Avenue, Stamford Street, Heavy
Vehicle Restriction that a) heavy vehicles, including buses, are prohibited on
MacDonald Avenue between Roberts Street and Stamford Street; b) that heavy
vehicles, including buses, are prohibited on Powell Avenue between Roberts Street
and Stamford Street; c) that "no buses" tabs are installed below the existing "no
heavy vehicles" signs on Stamford Street between Victoria Avenue and Stanley
Avenue;
d) that the above restrictions, be augmented with signs indicating "up to $5,000
fine";
4. MW -2001 -69 All -Way Stop Control Policy Warrant Revision that 1) the
revised document "Policy and Procedures for Initiating, reviewing and Implementing
on All -Way Stop Control" be adopted; 2) that the warrants be re- evaluated following
a 2 -year implementation period;
17
5. MW 2001 70 Gunning Drive at Oliver Street Request for All Way Stop
Control that: 1) an all -way stop control be installed at the intersection of Gunning
Drive and Oliver Street; that 2) a crosswalk be applied on the northwest intersection
approach only; that 3) a "turn" sign be installed on: i) Gunning Drive 81 metres
southwest of Oliver Street facing southwest bound motorists; ii) Parliament Drive
northwest of Mackenzie Drive facing northwest bound motorists; 4) that a
"pedestrian" sign be installed on: i) Gunning Drive northeast of Oliver Street facing
northeast bound motorists; ii) Gunning Drive west of Willoughby Drive facing west
bound motorists; 5) that the existing "playground" sign on Gunning Drive 26 metres
southwest of Oliver Street facing southwest bound motorists be replaced; 6) that
the existing "playground" sign on Oliver Street 19 metres southeast of Welland
Avenue facing southeast bound motorists be replaced; 7) that the existing "curve
ahead" waming on Gunning Drive 113 metres northeast of Oliver Street facing
northeast bound motorists be replaced with a "sharp curve ahead" warning sign and
be supplemented with a 40 km /h advisory speed tab and be relocated 105 metres
southwesterly; 8) that a "sharp curve ahead" warning sign supplemented with a 40
km /h advisory speed tab be installed on Gunning Drive west of Mears Crescent
facing westbound motorists; 9) that "school area" signs be installed on: i) Gunning
Drive 100 metres northeast of Oliver Street facing southwest bound motorists; ii)
Gunning Drive northeast of parliament Drive facing northeast bound motorists; iii)
Oliver Street northwest of MacKenzie Drive facing northwest bound motorists; iv)
Welland Avenue northeast of Sophia Street facing northeast bound motorists; 10)
that Neighbourhood "Speed Watch" Program brochures be distributed to
homeowners residing in the Oliver Street and Gunning Drive study area;
6. MW- 2001 -71 Fourth Avenue at Jepson Street Request for All -Way Stop
Control- 1) that an all -way stop control be installed at the intersection of Fourth
Avenue at Jepson Street; 2) that a "No Standing" restriction be implemented on the
east side of Fourth Avenue from Jepson Street to a point 20 metres south of Jepson
Street; 3) that a "No Parking" restriction be implemented at all times on the east side
of Fourth Avenue from a point 20 metres south of Jepson Street to a point 44
metres south of Jepson Street (south of the driveway to the Salvation Army
Eventide Home);
7. MW- 2001 -74 Nadia Court Parking Review that no change be made to on
street parking on Nadia Court at this time;
8. MW- 2001 -91 Fallsview Area Pay Parking Review that 1) pay parking not be
implemented on Fallsview Blvd., between Murray Street and Robinson Street; that
2) pay parking not be implemented on Robinson Street between; 3) that residential
permit parking be implemented on Robinson Street between Fallsview Blvd., and
Stanley Avenue.
See By -law No. 2001 -144
See By -law No. 2001 -145
RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the
actions taken in Corporate Services Committee, earlier this evening be approved:
1. Adoption of the June 11, 2001 Corporate Services Committee meeting minutes;
2. Request for Financial Assistance for Mr. Jared Townsend, Local Track and
Field Athlete that sponsorship in the amount of $1,000 be approved for local
athlete, Jared Townsend;
New Business:
18
3. Request from Karen Derda for Sponsorship of "Partners in the Sky"
Fundraiser that the request for sponsorship of the Partners in The Sky fundraiser
be received and filed;
4. F- 2001 -47 Queensway Free Methodist church, Waiving of Development Fees
that a grant in the amount of $1,876.71 be approved for the Queensway Free
Methodist Church;
5. F -2001 -48 Water Service Agreement that the Water Service Agreement
between Niagara Falls Hydro Inc. and the City of Niagara Falls be approved;
6. F- 2001 -49 Community Reinvestment Fund (CRF) a) Actual Use of 2000
Allocation and b) Planned use of 2001 Allocation that the report be received for
information and that the three resolutions be forwarded to Council for approval;
7. F- 2001 -50 Municipal Accounts that the municipal accounts totalling
$15,109,012 for the period ending July 16, 2001 be approved;
8. F- 2001 -51 Funds Raised from Sale of Toronto Blue Jays Tickets that the
Recreation Commission's request to allocate excess funds from the sale of Toronto
Blue Jays tickets to create an Active Subsidy Fund be endorsed;
that staff prepare a response to address the issues raised re water /sewer billing in
a recent Instant Editorial in the Niagara Falls Review;
that the City of Niagara Falls support the Resolution circulated by the City of North
Bay with respect to Gas prices;
that the City assist the St. John Ambulance with the repairs to their driveway on
Glenholme Avenue and that staff prepare a report outlining all options with respect
to possible construction of a boathouse for the water patrol in Chippawa.
The motion Carried with Aldermen Campbell, Craitor, Federow and Wing abstaining from
the vote on Report F- 2001 -50 on conflicts of interest previously noted and with all others
voting in favour.
See By -law No. 2001 -155
CD- 2001 -06 Chief Administrative Officer Re: Renewal of Franchise Agreement
between the City of Niagara Falls and the Consumers Gas Company Ltd. The report
recommends the following:
1. That Council approve the form of the draft By -law and franchise agreement and
adopt the attached resolution;
2. That Council agree to a six -month extension to the existing agreement to provide
for the appropriate approvals process to take place.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 24
CD- 2001 -07 -Chief Administrative Officer Re: Special Occasion Permit. The report
recommends that Council indicate it has no objection to the issuance of a Special Occasion
Permit to the organization listed in this report.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
19
CD- 2001 -08 Chief Administrative Officer Re: Special Occasion Permits. The report
recommends that Council indicate it has no objection to the issuance of Special Occasion
Permits to the organizations listed in this report.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
L- 2001 -35 Chief Administrative Officer Re: J..H. Hunter Design Build Niagara
Limited, Agreement with the City; Building Permit Testamentary Devise. The report
recommends that an Agreement dated June 13, 2001, between J.H. Hunter Design Build
Niagara Limited and the City regarding application for a Building Permit, be authorized.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
See By -law No. 2001 -142
L- 2001 -36 Chief Administrative Officer Re: Agreement with Peninsula Broilers
Limited, 4389 Park Street. The report recommends that an agreement with Peninsula
Broilers Limited regarding conditions imposed by the Committee of Adjustment by a
decision dated December 19, 2000 under File No. A- 87/2000, be authorized.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
See By -law No. 2001 -140
L- 2001 -37 Chief Administrative Officer Re: Elia Encroachment Agreement with the
City, Rear and Side of 6474 Balmoral Avenue. The report recommends that the
continuation of the encroachment of a fence at the rear and side yard of property
municipally known as 6474 Balmoral Avenue, as shown in heavy outline on the plan
attached, be permitted.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
See By -law No. 2001 -138
L- 2001 -38 Chief Administrative Officer Re: Wegelin /Gallie Agreement with the City;
Building Permit, Testamentary Devise. The report recommends that an Agreements,
dated June 20, 2001, between Walter Wegelin and Ivy Lillian Gallie and the City regarding
application for a Building Permit, be authorized.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
L -2001 -41 Chief Administrative Officer Re: Conveyance of Lot 22 and Plan No.
M -78 to Ascot Woods Ltd. The report recommends that a conveyance of Lot 22 on
registered Plan No. M -78 to Ascot Woods Ltd., for nominal consideration, be authorized.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
See By -law No. 2001 -130
L- 2001.42 -Chief Administrative Officer Re: Authorization to Proceed with the
Closing of the Unopened Portion of Mewburn Road (formerly Clow's Road) Part
of the Unopened Road Allowance between Stamford Township, Lots 14 27. The
report recommends that staff be authorized to proceed with the closing of the unopened
portion of Mewbum Road (formerly Clow's Road) and part of the unopened road allowance
between Stamford Township Lots 14 and 27.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
See By -law No. 2001 -133
20
1-2001 -43 Chief Administrative Officer Establishment of a Road Widening and One
Foot Reserve as Public Highways, Beaverdams Road and Claude Avenue. The report
recommends that the orad widening described as Parts 3 and 5 on Reference Plan No.
59R -11405 and the one foot reserve described as Block B on registered Plan No. 249 be
established as public highways, to form part of Beaverdams Road and Claude Avenue,
respectively.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
See By -law No. 2001 -136
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the
actions taken in Committee -of- the Whole, earlier this evening be approved:
1. That the offer to purchase Lot 72, Bridgewater Street by Craig Cook and Sonomi
Egawa not be accepted; and further that the most recent offer of Terma Holdings
Inc. for Lot 72 be accepted and that the Solicitors for Terma Holdings Inc. be
notified;
2. That the offer to sell from 876850 Ontario Ltd., for property known as 5986
Drummond Road, in the amount of $165,000 be accepted with a 90 -day closing of
the acceptance offer and that the City would have 45 days from the day of
acceptance for the search of the Title.
RESOLUTIONS
Carried Unanimously.
NO. 20 FEREN ORR RESOLVED that the Council of the Corporation of the City of
Niagara Falls hereby determines in accordance with Section 34(17) of the Planning Act,
R.S.O., that the changes to the proposed zoning by -law for Application AM- 34/2000
(Canadian Corps Unit 104, 4674 Ferguson Street regarding a private club use within the
existing building) are minor in nature and do not require any further notice. AND the Seal
of the Corporation be hereto affixed. Carried Unanimously.
NO. 21 FEREN ORR WHEREAS, the Province of Ontario is providing the municipality
of Niagara Falls a Community Reinvestment Fund (CRF) allocation; and, WHEREAS the
intended use of the CRF allocation is to mitigate increases in property taxes; and,
WHEREAS the Province has requested this information by July 31, 2001, and WHEREAS
the Ministers of Finance and Municipal Affairs Housing have requested that each
municipality prepare a report on the planned use of the 2001 CRF allocation; and, NOW,
THEREFORE, let it be resolved that the Municipality of Niagara Falls intended to use the
2001 CRF allocation in ways described in the attached report and, FURTHERMORE,
THAT the attached report forms part of the resolution of Council. AND the Seal of the
Corporation be hereto affixed. Carried Unanimously
NO.22 FEREN WHEREAS, the Province of Ontario is providing the municipality
of Niagara Falls a Community Reinvestment Fund (CRF) allocation; and, WHEREAS the
intended use of the CRF allocation is to mitigate increases in property taxes; and,
WHEREAS the Province has requested this information by July 31, 2001; and WHEREAS
the Ministers of Finance and Municipal Affairs Housing have requested that each
municipality submit an electronic copy of a forecast of the 2001 continuity of reserves and
reserve fund schedule (FIR Schedule 60); and, NOW, THEREFORE, let it be resolved that
21
the Municipality of Niagara Falls has complied with the Ministers' request and has attached
the electronic copy of a forecast of the 2001 continuity of reserves and reserve fund
schedule (FIR Schedule 60) to this resolution; and, FURTHERMORE, THAT the schedule
forms part of the resolution of Council of the municipality of Niagara Falls. AND the Seal
of the Corporation be hereto affixed. Carried Unanimously
NO. 23 FEREN ORR WHEREAS, the Province of Ontario is providing the municipality
of Niagara Falls a Community Reinvestment Fund (CRF) allocation; and, WHEREAS the
intended use of the CRF allocation is to mitigate increases in property taxes; and,
WHEREAS the Province has requested this information by July 31, 2001, and WHEREAS
the Ministers of Finance and Municipal Affairs Housing have requested an electronic
copy of a forecast of the 2001 Capital fund operations (FIR Schedule 52); and, NOW,
THEREFORE, let it be resolved that the Municipality of Niagara Falls has complied with
the Ministers' request and an electronic copy of a forecast of the Year 2001 Capital fund
operations (FIR Schedule 52) forms part of this resolution; and, FURTHERMORE, THAT
the schedule forms part of the resolution of Council of the municipality of Niagara Falls.
AND the Seal of the Corporation be hereto affixed. Carried Unanimously
NO. 24 VOLPATTI HENDERSHOT BE IT RESOLVED that this Council approves the
form of draft By -law (including the franchise agreement forming part thereof) attached
hereto and authorizes the submission thereof to the Ontario Energy Board for approval
pursuant to the provisions of section 9 of the Municipal Franchises Act; That this Council
requests the Ontario Energy Board to make an order dispensing with the assent of the
municipal electors of the attached draft By -law (including the franchise agreement forming
part thereof) pursuant to the provisions of section 9 (4) of the Municipal Franchises Act.
AND the Seal of the Corporation be hereto affixed. Carried Unanimously.
NO. 25 FEREN HENDERSHOT WHEREAS the Provincial Government has enacted
the Fairness for Property Taxpayers Act; AND WHEREAS this Act provided funding
programs to assist municipalities for interest costs in borrowing resulting from delays in
issuing 1999 Municipal Tax Bills; AND WHEREAS these programs terminated as of July
31, 1999; AND WHEREAS the Provincial Govemment has enacted the Continued
Protection for Property Taxpayers Act; AND WHEREAS the Provincial Government has
further caused a delay of the 2001 Final Municipal Tax Bills; NOW THEREFORE the
Corporation of the City of Niagara Falls hereby requests the Minister of Finance to initiate
an Interest Relief Funding Program to assist municipalities in borrowing to cover local
expenditures and levies of the Regional Municipalities and School Boards.
AND the Seal of the Corporation be hereto affixed. Carried Unanimously.
NO. 27 FEREN ORR WHEREAS the expansion of the Niagara District Airport is
unlikely, due to constraints, including its size and location; AND WHEREAS the Niagara
Falls International Airport presently exists in Niagara Falls, New York and has the capacity
to accept all types of aircraft, is presently under utilized, and could be a definite asset to
the area; AND WHEREAS, Premier Mike Harris, of the Province of Ontario and Governor
George Pataki, of the State of New York, have recently met in a summit and agreed to co-
operate on many mutually beneficial items; NOW THEREFORE BE IT RESOLVED THAT
the City of Niagara Falls encourages and supports the Province of Ontario, the State of
New York, City of Niagara Falls, Canada, City of Niagara Falls, New York and the Regional
Municipality of Niagara to co- operate on the development of the Niagara Falls International
Airport, in order that it can bring in all manner of air traffic and truly serve this area as an
airport facility. AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
22
BY-LAWS
ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that leave be
granted to introduce By -law No. 2001 -125, and the be -law be read a first time:
2001 -125 A by -law to provide for a drainage works in the City of Niagara Falls, in the
Regional Municipality of Niagara.
The motion Carried with all voting in favour.
ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that By -law No.
2001 -125 be read a second time:
2001 -125 A by -law to provide for a drainage works in the City of Niagara Falls, in the
Regional Municipality of Niagara.
The motion Carried with all voting in favour.
ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that leave be
granted to introduce the following by -laws, and the by -laws be read a first time:
2001 -126 A by -law to authorize the execution of a Consulting Agreement with Delcan
Corporation respecting to carry out a "Class Environmental Assessment on
Dorchester Road from Lundy's Lane to Thorold Stone Road
2001 -127 A by-law to authorize the execution of an agreement with Sacco Construction
Limited respecting the 2001 Sidewalk and Concrete Repairs City Wide.
2001 -128 A by -law to authorize the execution of an agreement with Norjohn Limited
respecting 2001 Asphalt Overlay Program City Wide.
2001 -129 A by -law to appoint Municipal By -law Enforcement Officers for the City of
Niagara Falls.
2001 -130 A by -law to authorize the conveyance of Lot 22 on registered Plan No. M -78
in the City of Niagara Falls, in the Regional Municipality of Niagara to Ascot
Woods Ltd., for nominal consideration.
2001 -131 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.
2001 -132 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 13/2001)
2001 -133 A by -law to authorize an Agreement, dated June 20, 2001, with Walter
Wegelin and Ivy Lillian Gallie regarding application for a building Permit.
2001 -134 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 09/2001,
Kybala Ventures Inc.)
2001 -135 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 35/1988, St.
Paul Avenue)
2001 -136 A by -law to establish Parts 3 and 5 on Reference Plan No. 59- R- 11405, as
a public highway, to be known as and to form part of Beaverdams Road.
2001 -137 A by -law to amend By -law No. 79 -200, as amended. (AM- 12/2001, 3470
Sinnicks Ave.)
23
2001 -138 A by -law to authorize an Encroachment Agreement with Frank Elia and
Assunta Elia for the purpose of permitting the encroachment of a fence onto
City owned parkland.
2001 -139 A by -law to authorize the execution of an agreement with Niagara Falls
Hydro Inc. respecting contracting out functions relating to the reading of
water meters, the billing of water users, the collection of water bills and other
related functions.
2001 -140 A by -law to authorize an Agreement with Peninsula Broilers Limited with
respect to conditions imposed by the Committee of Adjustment by decision
dated December 19, 2000 under File No. A- 87/2000.
2001 -141 A by -law to authorize a Release for the purpose of releasing Rodilio Recine
and Rita Recine, their successors and assigns, being the owners of land
located on the south side of Beaverdams Road, from the requirements and
provisions of an Agreement registered on July 16, 1987 as Instrument No.
501052, at no cost to the City.
2001 -142 A by -law to authorize an Agreement dated June 13, 2001, with J.H. Hunter
Design Build Niagara Limited regarding application for a Building Permit.
2001 -143 A by -law to authorize the execution of an agreement with 788893 Ontario
Limited operating business as Niagara Crack Sealing respecting the 2001
Crack Sealing.
2001 -144 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads (Parking Prohibited, Standing Prohibited)
2001 -145 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
Restriction)
2001 -146 A by -law to appoint Court of Revision Members, pursuant to the Drainage
Act, R.S.O. 1990, for the purpose of considering appeals, for the
construction of Drainage Course No. 6.
2001 -147 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 34/2000, 4674
Ferguson St.)
2001 -148 A by -law to authorize the execution of an agreement with Friends of The
Brian Crescent Harriman Street Walkway respecting an Adopt -A- Wallkway
Program.
2001 -149 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 36/2000,
Stanley Ave. through Main St.)
2001 -150 A by -law to authorize the execution of a Consulting Agreement with Delcan
Corporation respecting to carry out a "Class C Environmental Assessment
on Fallsview Tourist Area Road Widening
2001 -151 A by -law to authorize acceptance of a Transfer of Easement from Walker
Community Development Corporation and Maitland Group Inc. for the
purpose of constructing and maintaining a storm sewer and catch basin over
part of Block 54 on registered Plan No. 59M -251.
24
2001 -152 A by -law to establish Block B on registered Plan 249, as a public highway,
to be known as and to form part of Claude Avenue.
2001 -153 A by -law to authorize the execution of an agreement with Centennial
Construction and Contracting (Niagara) Inc. to carry out certain development
upon the lands known as Wiens Subdivision.
2001 -154 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 05/2001,
527786 Ontario Limited)
2001 -155 A by -law to authorize monies for General Purposes (July 16, 2001).
2001 -156 A by -law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan (Re: AM- 08/2001, Grand Niagara Resort).
2001 -157 A by -law to amend By -law No. 1538, 1958 as amended. (Re: AM- 08/2001,
Grand Niagara Resort)
The motion Carried with Aldermen Campbell, Craitor, Federow and Wing abstaining from
the vote on By -law No. 2001 -155 on conflicts of interest previously noted and with all
others voting in favour.
ORDERED on the motion of Alderman Feren, seconded by Alderman Orr, that the
following by -laws be now read a second and third time:
2001 -126 A by -law to authorize the execution of a Consulting Agreement with Delcan
Corporation respecting to carry out a "Class Environmental Assessment on
Dorchester Road from Lundy's Lane to Thorold Stone Road
2001 -127 A by-law to authorize the execution of an agreement with Sacco Construction
Limited respecting the 2001 Sidewalk and Concrete Repairs City Wide.
2001 -128 A by -law to authorize the execution of an agreement with Norjohn Limited
respecting 2001 Asphalt Overlay Program City Wide.
2001 -129 A by -law to appoint Municipal By -law Enforcement Officers for the City of
Niagara Falls.
2001 -130 A by -law to authorize the conveyance of Lot 22 on registered Plan No. M -78
in the City of Niagara Falls, in the Regional Municipality of Niagara to Ascot
Woods Ltd., for nominal consideration.
2001 -131 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.
2001 -132 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 13/2001)
2001 -133 A by -law to authorize an Agreement, dated June 20, 2001, with Walter
Wegelin and Ivy Lillian Gallie regarding application for a building Permit.
2001 -134 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 09/2001,
Kybala Ventures Inc.)
2001 -135 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 35/1988, St.
Paul Avenue)
25
2001 -136 A by -law to establish Parts 3 and 5 on Reference Plan No. 59 -R- 11405, as
a public highway, to be known as and to form part of Beaverdams Road.
2001 -137 A by -law to amend By -law No. 79 -200, as amended. (AM- 12/2001, 3470
Sinnicks Ave.)
2001 -138 A by -law to authorize an Encroachment Agreement with Frank Elia and
Assunta Elia for the purpose of permitting the encroachment of a fence onto
City owned parkland.
2001 -139 A by -law to authorize the execution of an agreement with Niagara Falls
Hydro Inc. respecting contracting out functions relating to the reading of
water meters, the billing of water users, the collection of water bills and other
related functions.
2001 -140 A by -law to authorize an Agreement with Peninsula Broilers Limited with
respect to conditions imposed by the Committee of Adjustment by decision
dated December 19, 2000 under File No. A- 87/2000.
2001 -141 A by -law to authorize a Release for the purpose of releasing Rodilio Recine
and Rita Recine, their successors and assigns, being the owners of land
located on the south side of Beaverdams Road, from the requirements and
provisions of an Agreement registered on July 16, 1987 as Instrument No.
501052, at no cost to the City.
2001 -142 A by -law to authorize an Agreement dated June 13, 2001, with J.H. Hunter
Design Build Niagara Limited regarding application for a Building Permit.
2001 -143 A by -law to authorize the execution of an agreement with 788893 Ontario
Limited operating business as Niagara Crack Sealing respecting the 2001
Crack Sealing.
2001 -144 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads (Parking Prohibited, Standing Prohibited)
2001 -145 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
Restriction)
2001 -146 A by -law to appoint Court of Revision Members, pursuant to the Drainage
Act, R.S.O. 1990, for the purpose of considering appeals, for the
construction of Drainage Course No. 6.
2001 -147 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 34/2000, 4674
Ferguson St.)
2001 -148 A by -law to authorize the execution of an agreement with Friends of The
Brian Crescent Harriman Street Walkway respecting an Adopt -A- Wallkway
Program.
2001 -149 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 36/2000,
Stanley Ave. through Main St.)
2001 -150 A by -law to authorize the execution of a Consulting Agreement with Delcan
Corporation respecting to carry out a "Class C Environmental Assessment
on Fallsview Tourist Area Road Widening
26
2001 -151 A by -law to authorize acceptance of a Transfer of Easement from Walker
Community Development Corporation and Maitland Group Inc. for the
purpose of constructing and maintaining a storm sewer and catch basin over
part of Block 54 on registered Plan No. 59M -251.
2001 -152 A by -law to establish Block B on registered Plan 249, as a public highway,
to be known as and to form part of Claude Avenue.
2001 -153 A by -law to authorize the execution of an agreement with Centennial
Construction and Contracting (Niagara) Inc. to carry out certain development
upon the lands known as Wiens Subdivision.
2001 -154 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 05/2001,
527786 Ontario Limited)
2001 -155 A by -law to authorize monies for General Purposes (July 16, 2001).
2001 -156 A by -law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan (Re: AM- 08/2001, Grand Niagara Resort).
2001 -157 A by -law to amend By -law No. 1538, 1958 as amended. (Re: AM- 08/2001,
Grand Niagara Resort)
The motion Carried with Aldermen Campbell, Craitor, Federow and Wing abstaining from
the vote on By -law No. 2001 -155 on conflicts of interest previously noted and with all
others voting in favour.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
E. C. WAGG, CI RK WAYNE THOMSON, MA OR