2001/10/29Council met on Monday, October 29, 2001 at 4:00 p.m. in Committee -of -the- Whole.
All members of Council, with the exception of Alderman Federow, who was away due to
illness, were present. Alderman Carolynn loannoni presided as Chairman.
Following consideration of the items presented, the Committee -of- the -Whole rose
to report in open session.
READ AND ADOPTED,
R.O. KALLIO, ACTING CITY CLERK
TWENTY -SIXTH MEETING
COMMITTEE -OF -THE -WHOLE
REGULAR MEETING
Council met on Monday, October 29, 2001 at 6:00 p.m. for the purpose of
considering Regular Business matters. All members of Council, with the exception of
Alderman Federow, who was away due to illness, were present. Alderman Carolynn
loannoni offered the Opening Prayer.
ADOPTION OF MINUTES
Committee Room #2
October 29, 2001
WAYNE THOMSON, MAYOR
Council Chambers
October 29, 2001
Alderman Orr indicated a conflict of interest on the matter dealing with the railroad
land acquisition because she is employed by the casino.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the
Planning /Regular Minutes of October 15, 2001 be approved as printed. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Wing indicated a pecuniary interest on Report F- 2001 -64, Cheque No.
262980, because the recipient is a family member.
Alderman Campbell indicated a pecuniary interest on Report F- 2001 -64, Cheque
No. 263060 because the recipient is a family member.
Alderman Craitor indicated a pecuniary interest on Report F- 2001 -64, Cheque Nos.
262947; 263110; 263193; 262783; 262766; 262777; 262710; 262645; 262990; 263161,
because a member of his family is employed by the Region.
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Alderman Orr indicated a pecuniary interest on Report F- 2001 -64, Cheque No.
263134, because she is employed by the Casino.
Public Transit Contributions
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
His Worship Mayor Thomson referred to correspondence received whereby the
Provincial Govemment has made a substantial commitment to having municipalities deliver
strong transit services and requested that a resolution be forwarded to the Federal
government and our Federal Member of Parliament, to keep its promise to support public
transit by contributing $3 billion over 10 years to the province's recently announced transit
plan.
ORDERED on the motion of Alderman Orr, seconded by Alderman Craitor, that a
resolution be forwarded to the Federal government and our Federal Member of Parliament,
to keep its promise to support public transit by contributing $3 billion over 10 years to the
province's recently announced transit plan. Carried Unanimously.
Incorrect Statement in the Niagara Falls Review
His Worship Mayor Thomson provided clarification on a recent article in the Niagara
Falls Review which had incorrectly stated that Mayor Thomson had supplied a character
reference for a Chippawa businessman charged with a drug related offence.
COMMUNICATIONS
Communication No. 212 Philips Engineering Re: Ministry of Transportation
Contract Reconstruction of Highway 420 from QEW to Stanley Avenue. The
communication requests an exemption to the City Noise By -law for the reconstruction
project from February 2002 to December 2004.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the
request be supported. Carried Unanimously.
Communication No. 213 Fallsview Tourist Area Re: Appointments of the Board of
Management The communication requests that Council approve the appointments of
Doug Birrell; David Jovanovic; Nancy McIntosh; George Yerich Jr. and George
Yerich Sr., to the Board of Management for the term to December 2003; and requests
that Council approve the appointments of David Jovanovic, Chair, George Yerich Jr.
Vice Chair; Albert Zapitelli Secretary and Nancy McIntosh Treasurer to the
Executive Committee for the term to December 2003.
ORDERED on the motion of Alderman Feren, seconded by Alderman Craitor, that the
requests be approved. Carried Unanimously.
Communication No. 214 The Optimist Club of Niagara Falls Re: Proclamation.
The communication requests that Council proclaim the week of November 12 18, 2001
as "Youth Appreciation Week" in the City of Niagara Falls.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that
the request be supported. Carried Unanimously.
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Communication No. 215 Mayor Mel Lastman, Toronto Re: Tax Incentive for Ontario
Residents. The communication requests that Council endorse a resolution requesting the
Provincial and Federal governments to suspend collection of the PST and GST on all
clothing items below $75.00 and school supplies below $20.00 including Canadian books,
this November and next August as both an incentive to encourage consumer spending and
to assist low income families manage during the expensive times of the year.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the
request be supported. The motion Carried with Alderman Puttick voting contrary to the
motion and with all others voting in favour.
Communication No. 216 Ontario Drug Awareness Partnership Re: Proclamation.
The communication requests that the week of November 18 24, 2001 be proclaimed
"Drug Awareness Week."
ORDERED on the motion of Alderman Fisher, seconded by Alderman loannoni, that the
request be supported. Carried Unanimously.
REPORTS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
actions taken in Community Services Committee, earlier this evening be approved:
1. Adoption of the October 15, 2001 Community Services Committee Meeting Minutes;
2. Adoption of the October22, 2001 Community Services Committee Meeting Minutes;
Alderman Orr indicated a conflict of interest dealing with the sign on Fallsview
Avenue;
3. R- 2001 -46 Activity Subsidy Fund for Physically, Mentally and Socially
Disadvantaged Individuals that Council endorse the changes to the Activity
Subsidy Fund as approved by the City's Recreation Commission at their meeting
of October 9, 2001;
4. R- 2001 -47- Community Centre Conceptual Building Plan that Council endorse the
Conceptual Building Program and reaffirm its commitment to the capital program;
New Business:
1. That the installation of storm sewers on Ash street be referred to the 2002 Capital
Budget;
2. That staff write a letter to Canadian National Railway regarding the condition of the
Drummond Road and Beaverdam Road railway crossings.
The motion Carried with Alderman Orr abstaining from the vote on the Minutes of October
22, 2001 on a conflict of interest previously noted and with all others voting in favour.
MW- 2001 -110 Chief Administrative Officer Re: Tynco Sweeper Purchase. The
report recommends that the purchase of a Tynco DST -6 Regenerative Sweeper with
Dustless Filtration System be awarded to Equipment Specialists at the cost of
$216,875.00.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimously.
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MW- 2001 -149 Chief Administrative Officer Ii: Lundy's Lane Battlefield, Traffic
Impact Study. The report recommends that in abcordance with the City's Consultant
Selection Policy, it is recommended that the City of Niagara Falls enter into a Consulting
Services Agreement with Totten Sims Hubicki Associates to complete a traffic impact study
for the Lundy's Lane Battlefield Project for the upset limit of $27,000.00 excluding G.S.T.
In response to questions raised, the Director of Parks, Recreation Culture advised
that the traffic impact study was not part of the grant process and indicated that since a
major tourist area was being developed which would impact the whole neighbourhood, the
traffic study would address the traffic and parking concerns in the area.
Following some discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Hendershot, that the matter be deferred until such time that a
report is provided by staff with regard to the issue of grants. Carried Unanimously.
R- 2001 -48 Chair, Environmental Planning Greening Committee Re: Actions
Stemming from the Environmental Planning Greening Committee Meeting, The
report recommends that Council acknowledge the actions of the Environmental Planning
Greening Committee from their October 17, 2001 meeting.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the
report be received and filed. Carried Unanimously.
RATIFICATION OF PARKING TRAFFIC COMMITTEE ACTIONS
MW- 2001 -148 Chair, Municipal Parking Traffic Recommendations October 16,
2001.
1. MW- 2001 -134 Drummond Rd. at Culp St. Request for Traffic control Signals
1) that traffic control signals not be installed at the intersection of Drummond
Road and Culp Street;
2) that the existing "Freezing Mist Area" sign located on Drummond Road south
of Culp Street facing southbound motorists be relocated south of Lundy's
Lane;
3) that staff re- review the intersection of Drummond Road and Culp Street to
determine if traffic control signals are warranted if and when Main Street is
permanently closed;
2. MW- 2001 -135 Althea Street at Portage Rd. Request for All -Way Stop Control
1) that an all -way stop control be installed at the intersection of Portage Road and
Althea Street and be reviewed after a one year period;
2) that an oversized turn sign supplemented with a 30 -km /h advisory speed tab be
installed on Portage Road 190 metres north of Althea Street facing southbound
motorists;
3) that an oversized turn sign supplemented with a 30 -km /h advisory speed tab be
installed on Portage Road 190 metres south of Althea Street facing northbound
motorists;
4) that a symbolized "slippery when wet" sign be installed on Portage Road north
of Morrison Street facing northbound motorists;
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5) that a symbolized "slippery when wet" sign be installed on Portage Road south
of the C.N. rail crossing facing southbound motorists;
3. MW- 2001 -137 Crimson Drive at Wildrose Crescent Intersection Control
Review that no changes be made to the existing traffic control at the intersection
of Crimson Drive and Wildrose Crescent;
4. MW- 2001 -138 Portage Rd/Thompson Rd. Heavy Vehicle Restriction
1) that heavy vehicles be prohibited on: a) Portage Road between Stanley Avenue
and the eastem limit of Portage Road; b) that Thompson Road between Portage
Road and the eastem limit; c) that Jessie Court between Thompson Road and the
norther limit;
2) that heavy vehicle prohibition signs be installed on both sides of Portage Road
east of Stanley Avenue;
3) that a supplementary No Exit" sign be installed on the northeast quadrant of
Portage Road east of Stanley Avenue;
5. MW- 2001 -139 Right Turn on Red Restrictions that a "No Right Turn on Red"
restriction be implemented: a) in the westbound direction to Kincaid Place at Victoria
Ave.; b) in the eastbound direction on McRae Street at Victoria Avenue; c) in the
eastbound and westbound direction on Simcoe Street at Victoria Avenue.
Ms. Diane Keenan, Althea Street expressed concerns with respect to the volume
of traffic in the area and the need for an all -way stop control at Althea Street and Portage
Road.
Following some discussion, it was ORDERED on the motion of Alderman Craitor,
seconded by Alderman Campbell, that the report be received and adopted. The motion
Carried with Alderman Volpatti opposed to Report MW- 2001 -135 and with all others voting
in favour.
Following further discussion, it was ORDERED on the motion of Alderman Wing,
seconded by Alderman Craitor, that the matter dealing with traffic control signals not being
installed at the intersection of Drummond Road and Culp Street, be deferred. The motion
Carried with Alderman Puttick voting contrary to the motion and with all others voting in
favour.
See By -law No. 2001 -227
See By -law No. 2001 -228
F- 2001 -64 Chief Administrative Officer Re: Municipal Accounts. The report
recommends that Council approve the municipal accounts totalling $19,050,421.51 for the
period ending October 29, 2001.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
report be received and adopted. The motion Carried with Alderman Campbell, Craitor, Orr
and Wing abstaining from the vote on conflicts of interest previously noted and with all
others voting in favour.
See By -law No. 2001 -231
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PD- 2001 -95 Chief Administrative Officer Re: Revision of Fees for Services
provided by Planning Development. The report recommends that Council approve
the by -law appearing on tonight's agenda to revise the fees charged for various Planning
Development services and publications.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
See By -law No. 2001 -229
RATIFICATION OF COMMITTEE -OF- THE -WHOLE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
actions taken in Committee -of- the Whole, earlier this evening be approved:
1. That the offer of purchase on Kalar Road from the diocese of St. Catharines be
submitted to the diocese;
2. Notice of Termination for Chippawa Street ends;
3. Legal Action for construction lien Economy Paving that the City Solicitor be
authorized to file a statement of defence and to take all necessary steps to resolve
the matter;
4. That the recommendations dealing with Mr. Keller's presentation be referred to staff.
Carried Unanimously.
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 -226 A by -law to authorize the execution of an agreement with Falls Masonry
Limited respecting "Dorchester Gardens Condominium."
2001 -227 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)
2001 -228 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads (Heavy Vehicle Restriction, Prohibited Turns)
2001 -229 A by -law to amend By -law 98 -114, as amended, being a by -law for the
establishing of fees, rates and charges regarding licences, certificates,
publications and other services for the City of Niagara Falls.
2001 -230 A by -law to amend By -law No. 395, 1966, as amended, of the former
Township of Willoughby, now in the City of Niagara Falls. (Re: AM- 25/2001,
Terry Jacqueline White)
2001 -231 A by -law to authorize monies for General Purposes (October 29, 2001).
2001 -232 A by -law to authorize the execution of an Offer to purchase vacant land
located on the west side of Kalar Road, from The Roman Catholic Episcopal
Corporation for the Diocese of St. Catharines.
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2001 -233 A by -law to authorize execution of Notices of Termination for the purpose of
terminating those Licence Agreements for certain street ends located along
the Welland River.
The motion Carried with Aldermen Campbell, Craitor, Orr and Wing abstaining from By -law
No. 2001 -231 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 read a second and third time:
2001 -226 A by -law to authorize the execution of an agreement with Falls Masonry
Limited respecting "Dorchester Gardens Condominium."
2001 -227 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)
2001 -228 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads (Heavy Vehicle Restriction, Prohibited Turns)
2001 -229 A by -law to amend By -law 98 -114, as amended, being a by -law for the
establishing of fees, rates and charges regarding licences, certificates,
publications and other services for the City of Niagara Falls.
2001 -230 A by -law to amend By -law No. 395, 1966, as amended, of the former
Township of Willoughby, now in the City of Niagara Falls. (Re: AM- 25/2001,
Terry Jacqueline White)
2001 -231 A by -law to authorize monies for General Purposes (October 29, 2001).
2001 -232 A by -law to authorize the execution of an Offer to purchase vacant land
located on the west side of Kalar Road, from The Roman Catholic Episcopal
Corporation for the Diocese of St. Catharines.
2001 -233 A by -law to authorize execution of Notices of Termination for the purpose of
terminating those Licence Agreements for certain street ends located along
the Welland River.
The motion Carried with Aldermen Campbell, Craitor, Orr and Wing abstaining from By -law
No. 2001 -231 on conflicts of interest previously noted and with all others voting in favour.
Santa Claus Parade
NEW BUSINESS
Alderman Hendershot referred to his recent diagnosis and of upcoming chemo-
therapy treatments, he assured the community and Council that he would continue his
duties as Alderman for the City of Niagara Falls. He further commended the Greater
Niagara General Hospital for the excellent care he has been receiving
Mayor Thomson expressed best wishes for his continued recovery.
Alderman Hendershot advised that the Santa Claus parade was being held on
November 17 2001 at 11 a.m. and provided information on the various activities that were
being planned and invited everyone to attend.
Regional 100% Smoke Free Areas By law
Alderman Hendershot commented on the Region's 100% Smoke Free Areas By-
law; the reversal of lung cancer and second -hand smoke.
Free Public Skating
Alderman Fisher advised that free public skating was being provided at the
Chippawa Memorial Arena and encouraged the community to attend.
Annual Bonspiel
Water Rates
Alderman Pietrangelo advised that November 24, 2001 was the Boys' and Girls'
Club Annual Bonspiel event and requested that a curling team be formed to participate,
in the event
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot,
that a curling team be formed to participate in the event. Carried Unanimously.
In response to questions raised, the Director of Finance advised that a report would
be forthcoming to address the comments and concerns expressed at a recent Water Meter
meeting dealing with water rates and advised that any changes to water rates would be
addressed during budget deliberations.
READ AND ADOPTED,
Ad Hoc Committee on Animal Population Control
Alderman Wing advised that an Ad hoc committee meeting on animal population
control would be held on November 1, 2001 at 6 p.m. in Council Chambers in order to
obtain public input with regard to placing limits on the number of dogs per household and
the number of fowl to be kept per household and encouraged the community to attend and
to submit their comments.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the
meeting be adjourned. Carried Unanimously.
R.O. KALLIO, ACTIN CITY CLERK WAYNE THOMSON, MAYOR