2001/11/26THIRTIETH MEETING
REGULAR COUNCIL
Council met on Monday, November 26, 2001 at 6:00 p.m. for the purpose of
considering Regular Business matters. All members of Council, with the exception of
Alderman Hendershot, who was away due to illness, were present. Alderman Art Federow
offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Volpatti requested that the Minutes of November 19, 2001 Council
meeting be amended to reflect that she was opposed to the 2002 Budget Request from
the Greater Niagara General Hospital Foundation because she feels that many residents
do not have the income to have health care costs added to their property taxes.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that
the Regular Minutes of November 19, 2001 be adopted as amended. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Craitor indicated a pecuniary interest on Report F- 2001 -72, Cheque Nos.
263858 and 263827 because a family member is employed by the Region.
Alderman Federow indicated a conflict of interest on Report Nos. PD- 2001 -103
because he resides in the area.
Alderman Fisher indicated a conflict of interest on Report PD- 2001 -103 because
she resides in the area; and indicated a conflict of interest on Report PD- 2001 -102
because she owns property in the area.
Thank You
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
His Worship Mayor Thomson thanked members of Council and the community for
their cards and letters of condolence during the recent loss of his wife's mother. He also
commended and thanked the staff at the Greater Niagara General Hospital and the
volunteers in the Palliative Care unit for the care that was given to his mother -in -law during
her illness.
Council Chambers
November 26, 2001
Parking Enforcement No Stopping By -law
His Worship Mayor Thomson referred to concerns expressed by parents regarding
the enforcement of the No Stopping By -law at school zones. He indicated that information
would be provided in the newspaper outlining the infractions of the No Stopping Parking
By -law and its implications.
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Following some discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Craitor, that a full information report be provided to Council on the
matter. The motion Carried with Alderman Campbell abstaining from the vote on a conflict
of interest, because he is employed by the District School Board of Niagara, Alderman
Pietrangelo abstaining from the vote because he is employed by the Niagara Catholic
District School Board and Alderman Wing abstaining from the vote because she resides
directly across from an effected school and with all others voting in favour.
DEPUTATIONS
Niagara Falls Tourism
Mr. Ron Yorke, Chairman, Niagara Falls Tourism advised that tourism is a vital
economic contributor to the City, businesses and residents of Niagara Falls, thanked
Council for the opportunity to present their 2002 budget and plans and introduced Mr.
Noel Buckley, who provided a brief outline of the 2001 tourism marketing activities and
reviewed the 2002 budget plan.
Following the presentation, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Campbell, that the matter be referred to budget discussions.
Carried Unanimously.
Protection of Agricultural. Natural Surface Drainage Systems
Mr. Peter Grandoni expressed concerns regarding the natural surface drainage
systems being blocked by the dumping of fill and of changing the grade of the landscape,
which has occurred along Beaverdams Creek from the C.N.R. railway, westward to
Beechwood Road and requested that Council consider passing a by -law similar to the by-
law of the Town of Lincoln in order to protect agricultural natural surface drainage systems
from being blocked by dumping of fill and the changing of the grade of the landscape.
Following the discussion, it was ORDERED on the motion of Alderman Craitor,
seconded by Alderman Pietrangelo, that the matter be referred to staff for a full report and
to the Environmental Planning and Greening Committee for their input. Carried
Unanimously.
COMMUNICATIONS
Communication No. 220 The Chamber of Commerce, Niagara Falls Re: Greater
Niagara General Hospital Foundation. The communication provided clarification on
comments made regarding the Greater Niagara General Hospital's fundraising and the
business community.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the
correspondence be received and filed and further, that a letter of appreciation be forwarded
to the Chamber of Commerce for the donations and fund raising efforts that have been put
forth by their membership. The motion Carried with Aldermen Orr and Puttick voting
contrary to the motion and with all others voting in favour.
REPORTS
RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the
actions taken in Corporate Services Committee, earlier this evening be adopted.
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1) Adoption of the Minutes of November 19, 2001 Corporate Services Committee
meeting as amended;
2) Niagara Falls Public Library Board Re: 2002 Budget Request that the 2002
Budget Request from the Niagara Falls Public Library Board be referred to final
budget deliberations;
3) United Way of Niagara Falls Re: 2002 Permissive Grant Budget Submissions for
Women's Place of South Niagara, the Y.W.C.A. and Project Share that the 2002
Permissive Grant Budget Submissions for Women's Place of South Niagara, the
Y.W.C.A. and Project Share be referred to budget deliberations;
4) F- 2001 -71 Municipal Accounts that the Municipal Accounts totalling
$1,627,080.16 for the period ending November 26 2001 be approved;
5) F- 2001 -73 Niagara Transit Commission Financing of Bus Purchases that the
request from the Niagara Transit Commission to purchase two (2) new transit
coaches be approved and the financing be approved from development charges,
reserve funds, Community Reinvestment Fund Transit Bonus for 2002 and from
debenture borrowing;
6) R- 2001 -55 Millennium Clock Digital Board Repairs that Cheque No. 263685, in
the amount of $861.35 made out to Insight Digital Inc. be released;
7) BBS- 2001 -31 3770 Montrose Road, Variance to Sign By -law No. 6661 as
amended that the variance to Sign By -law 6661, as amended, be approved to
permit four oversized wall signs, of which three are pictorial and one is an A &P logo,
to be erected on the new A &P Store at 3770 Montrose Road;
8) That the request from the Chippawa Volunteer Fire Fighters for support of a Mystery
Night Dinner be received and filed.
The motion Carried with Alderman Craitor abstaining from the vote on Report F- 2001 -73
and with all others voting in favour.
See By -law No. 2001 -257
ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the
correspondence submitted by Alderman Orr regarding the grandfathered zoning approval,
Canadian Niagara Hotels be received and filed. Carried Unanimously.
MW- 2001 -128 Chief Administrative Officer Re: High Rate Treatment Environmental
Assessment Study Completion. The report recommends that this report be received and
filed for Councils' information and staff be authorized to proceed with the next stage of this
project.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
MW- 2001 -161 Chief Administrative Officer Re: Digital Large Format Print
Processing System. The report recommends that the purchase of a Digital Large Format
Print Processing System, XES 8825 DS with Synergix Scanner be awarded to Argo Graph
Process Ltd., at a cost of $42,555.75 including installation and all taxes.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
R- 2001 -54 Chief Administrative Officer Re: Phase II, Tender No. 10 -2001;
Replacement of Shingles, Stamford Arena Roof. The report recommends that Council
award Tender No. 10 -2001 Replacement of Shingles- Stamford Arena to Baron Roofing
and Sheet Metal Ltd. for the total sum of $33,485.65.
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ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
report be received and adopted. Carried Unanimously.
RATIFICATION OF PARKING TRAFFIC ACTIONS
See By -law No. 2001 -255
ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that the
following actions taken in Parking Traffic Committee on November 20, 2001 be
approved:
MW- 2001 -147 Leader Lane between Glenview Avenue and Terrace Avenue Heavy
Vehicle Restriction. The report recommends that a heavy vehicle restriction including
No Buses" and "up to $5,000 fine tab" be implemented on Leader Lane between Glenview
Avenue and Terrace Avenue;
MW- 2001 -159 Secord Place Parking Review. The report r recommends that parking
be prohibited at all times on the south side of Secord Place from Heritage Drive to the
existing parking prohibition.
MW- 2001 -160 Drummond Park Villages Subdivision Heavy Vehicle Restrictions.
The report recommends that heavy vehicles be not prohibited at all times on the entire
length of Alex Avenue, Aspen Court, Crimson Drive, Deerbrook Street, Hemlock Street,
Lakewood Crescent, Sandy Court, Trillium Crescent and Wildrose Crescent.
Downtown BIA Request for 2 -hour free parking at On- Street Parking Meters Only
during Month of December only. The report recommends that 2 -hour free parking at on-
street parking meters only, in the Downtown Core, during the month of December only,
be approved.
Project S .H.A.R.E.- Request for free parking in Municipal Parking Lot #18. The report
recommends that Project S.H.A.R.E. be permitted to use 5 to 10 parking spaces fro staff
and volunteers in Municipal Parking Lot #18 from November 21, 2001 to December 24,
2001.
Carried
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the
recommendations in Report MW- 2001 -13, Beaverdams Road, Watson Street
Surrounding subdivisions area traffic operations review be approved with the following
amendments:
1. That staff proceed with arrangements for a public workshop following Schedule
B of the Municipal Class Environmental Assessment Process for Beaverdams Road
between Lundy's Lane and Kalar Road involving the residents, business owners
and the general public to provide possible solutions to reduce the speeds on
Beaverdams Road;
2. That the classification of Beaverdams Road be downgraded from an arterial
roadway to a collector roadway;
3. That an all -way stop control be installed at the intersection of Beaverdams Road
and Rysdale Street/Magnolia Drive;
4. That a school crossing guard be instituted for Beaverdams Road at Rysdale
Street/Magnolia Drive;
5. That sidewalks be installed on Rysdale Street from Montrose Road to Beaverdams
Road be a priority in the 2002 budget;
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6. That strict and frequent enforcement of the 50 -km /h speed limit on Beaverdams
Road be carried out by the Niagara Regional Police;
7. That no further action in regards to the implementation of neighbourhood traffic
management programs be carried out in Watson Street, at this time;
8. That staff review the need for the installation of the traffic signal at Beaverdams
Road and Kalar Road and that it be recommended for installation as soon as it
becomes warranted;
Carried Unanimously.
See By -law No. 2001 -247
Mr. Mustafa Ibrahim, Hemlock Street was in attendance and requested that
Council support the Committee recommendations.
PD- 2001 -102 -Chief Administrative Officer Re: Streetscape Master Plan. The report
recommends the following:
1. That Council approve, in principle, the Streetscape Master Plan;
2. That Council direct staff to develop an implementation and financing strategy in
concert with BIA's and stakeholders;
3. That Council authorize staff to issue comments to Regional Niagara regarding the
reconstruction of Stanley Avenue to ensure that the reconstruction is in keeping with
the Streetscape Master Plan;
4. That Council authorize staff to initiate an Environmental Assessment (EA) for the
completion of the Grand Boulevard design.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that Council
approve, in principle, the streetscape Master Plan and further that the Main Ferry B.I.A.
be included in the circulation plan. The motion Carried with Alderman Fisher abstaining
from the vote on a conflict of interest previously noted and with all others voting in favour.
PD- 2001 103 -Chief Administrative Officer Re: Finalization of Willoughby Land Use
Study; Proposed Planning Framework. The report recommends the following:
1. That Council approve the proposed planning framework for the area which was the
subject of the Willoughby Land Use Study;
2. That Council authorize staff to initiate amendments to its Official Plan to implement
the planning framework described in this report.
ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that the
report be received and adopted. The motion Carried with Aldermen Fisher and Federow
abstaining from the vote on conflicts of interest previously noted; and Alderman Pietrangelo
abstaining from the vote because a member of his family owns property in Willoughby, and
with all others voting in favour.
PD- 2001 -105 -Chief Administrative Officer Designation of the Leeming House; 5781
Highland Avenue, Niagara Falls. The report recommends that Council authorize staff to
initiate proceedings to designate 5781 Highland Avenue as a property under Part IV of the
Ontario Heritage Act.
ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that the
report be received and adopted. Carried Unanimously.
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L- 2001 -53 Chief Administrative Officer Re: Release of Restrictive Covenants; 4500
Montrose Road. The report recommends that Council release the restrictive covenants
contained in a Transfer registered in 1960 as Instrument No. 43120, at no cost to the City.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously
RESOLUTIONS
See By -law No. 2001 -250
L- 2001 -66 Chief Administrative Officer Re: Expansion of the Victoria Centre;
Business Improvement Area (formerly known as "Victoria Avenue Business
Improvement Area The report recommends that the Victoria Centre Business
Improvement Area be expanded as set out in Schedule "A" to the by -law attached hereto
as Attachment 1.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimously.
See By -law No. 2001 -246
L- 2001 -68 Chief Administrative Officer Re: Authorization to Proceed with Closing
Certain Street Ends Located Along the Welland River in Chippawa. The report
recommends that staff be authorized to proceed with the closing of certain street ends
located along the Welland River in Chippawa and title to the lands remain in the name of
the City.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
L- 2001 -69 Chief Administrative Officer Re: City of Niagara ats Hotel Europa
Divisional Court. The report recommends that the report is for the information of Council.
ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that the
report be received and adopted. Carried Unanimously.
See By -law No. 2001 -253
NO. 38 VOLPATTI CRAITOR THAT the Council of the Corporation of the City of
Niagara Falls determines that, in accordance with the Planning Act R.S.O. 1990,
chap. P.13, as amended, that the amendments proposed to Zoning By -law No. 79 -200, as
amended, and Interim Control By -law No. 2001 -25 do not require the giving of public notice
or the holding of a public meeting. AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 39 FISHER CRAITOR WHEREAS Margaret Anne Tabaka, the Administrator/
Curator of the Lundy's Lane Historical Museum will be retiring at the end of the year after
28 years of service with the Board of Museums; and WHEREAS Jean Culp, Registrar for
the Lundy's Lane Historical Museum will be retiring at the end of the year after 20 years
of service. THEREFORE BE IT RESOLVED that Council formally thank Margaret Anne
Tabaka and Jean Culp for their years of meritorious service and wish them well upon their
retirement. AND The Seal of the Corporation be hereto affixed.
Carried Unanimousl
NO. 40 IOANNONI VOLPATTI, BE IT RESOLVED THAT the actions of the Assistant
City Solicitor in attending on November 26, 2001, at the Ontario Municipal Board Hearing
of the Appeal by Malak Hospitality for a minor variance for 8911 Lundy's Lane and
supporting the Appeal, be confirmed. AND The Seal of the Corporation be hereto affixed.
Carried Unanimously
Jolley Cut
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The Executive Director of Community Services advised that the Jolley Cut matter
was deferred to the December 3, 2001 Council meeting and that staff would not be
advertising for a public meeting until after the December 3, 2001 meeting, if so warranted.
Following some discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Orr, that the correspondence be received for information. 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 -246 A by -law to designate an area as an Improvement Area and to establish for
such area a Board of Management.
2001 -247 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Stop Signs, Heavy Vehicles, Parking Restriction)
2001 -248 A by -law to amend By -law No. 2001 -25, being a by -law to prohibit certain
uses of land in the area of the City of Niagara Falls regulated by Zoning By-
law Nos. 79 -200, as amended; 1538, 1958, as amended, 395, 1966, as
amended; and 70 -69, as amended.
2001 -249 A by -law to authorize acceptance of a Transfer of Easement from Taro
Properties Incorporated for the purpose of constructing and maintaining a
storm sewer and catch basin over part of Lot 33 on registered Plan No. M -29
(Re: Report L- 2001 -49, August 13, 2001)
2001 -250 A by -law to authorize a Release of the restrictive covenants contained in a
Transfer from The Corporation of the Township of Stamford to Robert
DouglasOale registered in 1960 as Instrument No. 43120, at no cost to the
City.
2001 -251 A by -law to amend By -law No. 2000 -254, being a by -law to establish rules
and regulations for the City of Niagara Falls Municipal Cemeteries.
2001 -252 A by -law to amend By -law No. 98 -66, being a by -law to provide for the
remuneration of the Mayor and Members of Council of the City of Niagara
Falls.
2001 -253 A by -law to amend By -law No. 79 -200, as amended (Hotel Europa).
2001 -254 A by -law to amend By -law No. 79 -200, as amended. (Re: Falls Masonry Ltd.,
AM- 28/2001)
2001 -255 A by -law to authorize the execution of an agreement with Baron Roofing
Siding Ltd., respecting the supply and installation of shingles to the roof at
Stamford Arena
2001 -256 A by -law to amend By -law No. 79 -200, as amended. (Re:5558 McGrail Ave.,
AM- 26/2001)
2001 -257 A by -law to authorize monies for General Purposes (November 26, 2001).
The motion Carried with Alderman Craitor abstaining from By -law No. 2001 -257 on a
conflict of interest previously noted, and with all others voting in favour.
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ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
by -laws be read a second and third time:
2001 -246 A by -law to designate an area as an Improvement Area and to establish for
such area a Board of Management.
2001 -247 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Stop Signs, Heavy Vehicles, Parking Restriction)
2001 -248 A by -law to amend By -law No. 2001 -25, being a by -law to prohibit certain
uses of land in the area of the City of Niagara Falls regulated by Zoning By-
law Nos. 79 -200, as amended; 1538, 1958, as amended, 395, 1966, as
amended; and 70 -69, as amended.
2001 -249 A by -law to authorize acceptance of a Transfer of Easement from Taro
Properties Incorporated for the purpose of constructing and maintaining a
storm sewer and catch basin over part of Lot 33 on registered Plan No. M -29
(Re: Report L- 2001 -49, August 13, 2001)
2001 -250 A by -law to authorize a Release of the restrictive covenants contained in a
Transfer from The Corporation of the Township of Stamford to Robert
Douglas Gale registered in 1960 as Instrument No. 43120, at no cost to the
City.
2001 -251 A by -law to amend By -law No. 2000 -254, being a by -law to establish rules
and regulations for the City of Niagara Falls Municipal Cemeteries.
2001 -252 A by -law to amend By -law No. 98 -66, being a by -law to provide for the
remuneration of the Mayor and Members of Council of the City of Niagara
Falls.
2001 -253 A by -law to amend By -law No. 79 -200, as amended (Hotel Europa).
2001 -254 A by -law to amend By -law No. 79 -200, as amended. (Re: Falls Masonry Ltd.,
AM- 28/2001)
2001 -255 A by -law to authorize the execution of an agreement with Baron Roofing
Siding Ltd., respecting the supply and installation of shingles to the roof at
Stamford Arena
2001 -256 A by -law to amend By -law No. 79 -200, as amended. (Re:5558 McGrail Ave.,
AM- 26/2001)
2001 -257 A by -law to authorize monies for General Purposes (November 26, 2001).
The motion Carried with Alderman Craitor abstaining from the vote on By -law No. 2001-
257 on conflicts of interest previously noted, and with all others voting in favour.
Letter of Condolence
NEW BUSINESS
ORDERED on the motion of Alderman Fisher, seconded by Alderman loannoni, that a
letter of condolence be forwarded to the family of the late Duncan Graham, a well
respected member of the community. Carried Unanimously.
Installation of Fencing
Alderman Carolynn loannoni enquired when the fencing from the Scotsman Motel
to Coronation Park would be installed and was advised by the Executive Director of
Community Services that a report would be forthcoming to Council on the feasibility of
having permanent fencing as opposed to a temporary measure.
During the discussion, it was suggested that the fencing between Clifton Hill and
Bender Street could be utilized for this project.
Severance Policies
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Alderman Victor Pietrangelo referred to land use planning issues and advised that
the municipality did not have severance policies for the entire City. The Director of Planning
and Development provided clarification with regard to land use issues and severance
policies.
Cherish the Child Fundraiser
Alderman Victor Pietrangelo advised that a "Cherish the Child" fundraising brunch
to help raise monies for the Rainbow Unit at the Greater Niagara General Hospital would
be held at the Sheraton Fallsview on December 2, 2001 from 11 a.m. to 2 p.m. and invited
everyone to attend.
Abuse of Handicap Parking
Rosberg Building
Alderman Norm Puttick expressed concerns with respect to individuals who were
abusing the designated handicap parking spots; he also referred to the matter of
municipalities becoming involved in the issuing of permits for these areas. He requested
that the matter be referred to the Disability Committee to make any recommendations
regarding the issue of abuse of handicap parking spots.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that that the
matter be referred to the Disability Committee to make any recommendations regarding
the issue of abuse of handicap parking spots. Carried Unanimously.
Alderman Norm Puttick referred to the condition of the Rosberg building and
requested that staff look into the matter of beautifying the corner where the Rosberg
building is located. He was advised by the Executive Director of Community Services that
a report would be forthcoming on the matter.
Following further discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Feren, that a report be provided to Council on the matter of
beautifying the corner on which the Rosberg building is located. Carried Unanimously.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
R. O. KALLIO, ACTING CITY CLERK
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WAYNE THOMSON, MAYOR