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2001/12/03READ AND ADOPTED, R. O. KALLIO, ACTING CITY CLERK THIRTY -FIRST MEETING COMMITTEE OF THE WHOLE Council met on Monday, December 3, 2001 at 4:00 p.m. in Committee-of-the Whole. All members of Council, with the exception of Aldermen Orr and Hendershot, who were away due to illness, were present. Alderman Victor Pietrangelo presided as Chairman. Following consideration of the items presented, the Committee -of- the -Whole rose to report in open session. PLANNING MEETING DISCLOSURES OF PECUNIARY INTEREST Committee Room #2 December 3, 2001 ere Ar. W THOMSON, MAYOR Council Chambers December 3, 2001 Council met on Monday, December 3, 2001 at 6:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, with the exception of Alderman Orr, who was away due to illness, were present. Alderman Ken Feren offered the Opening Prayer. Alderman Fisher indicated a conflict of interest on Report PD- 2001 -107; By -law No. 2001 -265; Report F- 2001 -75; the matter dealing with the Jolley Cut, and the Committee -of- the -Whole matter dealing with the railway acquisition because members of her family are employed in that area and reside with her. Alderman Feren indicated a conflict of interest on Report BBS- 2001 -32 from Community Services Committee, because he owns a sign company. Alderman Craitor indicated a pecuniary interest on Report No. F- 2001 -76, Cheque Nos. 263940; 264000, and 264033 because a member of his family is employed by the Region. -2- Alderman Volpatti indicated a pecuniary interest on Report F- 2001 -75; and a Committee -of- the -Whole matter dealing with the railroad acquisition because her daughter's employer owns lands abutting the railway lands; and indicated a pecuniary interest on Report BBS- 2001 -32 from Community Services because a member of her family is employed by the applicant. Alderman Federow indicated a pecuniary interest on Report PD- 2001 -104 because it is employment related and on Report Nos. PD- 2001 -109 and PD- 2001 -111, because he resides in Willoughby. His Worship Mayor Thomson indicated a conflict of interest on the Jolley Cut matter because his spouse operates a business in the area of Murray Hill. PRESENTATIONS Mr. Jeff Morgan and Mr. Ernie Morgan, Morgan Funeral Homes advised that as part of Morgan Funeral Home's 175 year anniversary, they wished to present a token of appreciation to Acting Fire Chief, Colin (Barney) Ruddell for all of the efforts of the firefighters as related to the events of September 11, 2001. The Acting Fire Chief expressed his thanks to the Morgan Funeral Home on behalf of the firefighters. DEPUTATIONS Mayor's Youth Advisory Committee Ms. Victoria Barnabi, introduced the Mayor's Youth Advisory Committee to members of Council; and introduced Mr. Dan Costabile and Francis Ambrosia, of the Mayor's Youth Advisory Committee who provided a brief update on the Skate Park initiatives; they discussed the review of various skate board locations within the Ciity; the distribution of a Committee Member Survey; the introduction of a Main Action Plan and presented pictures of the various skatepark sites that were investigated. Following the presentation, Ms. Barnabi requested that Council support this initiative Mr. Michael Carey, Chairman, Youth Activities Programs at the Optimist Club of Niagara Falls, expressed support of the Mayor's Youth Advisory Committee in their endeavours to create a Skateboard Park and gave indication of taking an active part in this initiative Ms. JoAnne Hett, Executive Director of The Boys and Girls Club of Niagara, commended the Mayor's Youth Council and the Community Services Department for their efforts to move this project forward and expressed support and assistance in bringing this project to successful completion. Inspector Doug Kane, Niagara Regional Police Services pledged support for the skateboard park which would be an asset to the City's youth. -AND Report R- 2001 -53 Chair, Mayor's Youth Advisory Committee Re: Skate park Request from the Mayor's Youth Advisory Committee. The report recommends that Council support the development of a Skate Park in Niagara Falls and the allocation of $250,000 in the 2002 budget. Furthermore, that Council support the investigation of City owned property for the location of the Skate Park. ORDERED on the motion of Alderman Craitor, seconded by Alderman loannoni, that the matter be referred to budget discussions. Carried Unanimously. -3- His Worship Mayor Thomson expressed his appreciation to those in attendance for their presentation. The Niagara Gatekeepers Program Ms. Renate Martin, Program Coordinator, advised that the goal of the Gatekeepers Program was to help seniors preserve their independence and quality of life; reviewed the various signs of distress or difficulty that may be recognized in order to identify seniors at risk; provided a brief video presentation which addressed the introduction of the Niagara Gatekeepers program into the community; and requested that consideration be given to appointing an appropriate individual to sit on the Niagara Gatekeepers Committee. Following the presentation, it was ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that the matter be referred to staff in order to assist in suggesting a suitable individual to sit on the Niagara Gatekeepers Committee. Carried Unanimously. Community Policing and Crime Prevention Through Environmental Design (CPTED) Alderman loannoni provided information on the Safe City Campaign, Crime Prevention Tourism Safety Conference; Community Policing, Partnership Benefits, Planning Crime Prevention Programs and presented photographs taken of Coronation Park and discussed the issues and concerns in the area. The Executive Director of Community Services provided clarification that staff support has been provided and that plans were to keep on providing support for this initiative, unless otherwise directed. Following the presentation, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the matter be referred to staff to come back with a full report on all the specifics. Carried Unanimously. PLANNING MATTERS PD- 2001 -104 Chief Administrative Officer Re: Zoning By -law Amendment Application (Revised) AM- 11/2001, 6365 Drummond Road; Applicant: Ralph Terrio; Agent: Dennis Savriga; Proposed Residential Redevelopment. The report recommends the following: 1. That Council approve the Zoning By -law Amendment application for 6365 Drummond Road to permit the conversion of the existing building to an apartment dwelling containing not more than 25 units on a portion of the land and the development of 11 on- street townhouse units on the balance of the site or on- street townhouse on the entire property; 2. That the amending by -law include a higher parking standard of 1.6 spaces /unit for the apartment conversion in order to assist in alleviating on- street parking; 3. That Council require the owner to enter into a servicing agreement for off-site works on Ash Street and Murray Street prior to the issuance of any building permits; -4- 4. That the installation of "No Parking" signs across Murray Street frontage of the subject property be considered by the Parking and Traffic committee; 5. That Council pass the amending by -law, included on tonight's agenda, to implement the application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Acting City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid first class mail on November 2, 2001 His Worship Mayor Thomson received indication that Mr. Dennis Savriga was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development provided a brief overview of the proposal through posted sketches; discussed the reduction in density through reduction of the number of townhouses proposed; improved landscaping along with the provision of sidewalks and curbs; he requested Council's consideration of the recommendations. 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. Luigi DeLisio, Solicitor, was in attendance on behalf of the residents who live in the area of Murray Street, Drummond Road and Edward Avenue; he advised that the residents were in favour of the previous proposal for 26 units which would provide for the appropriate density in the area and be more in keeping with the single detached family homes in the area; he advised that the original design for townhouses along the streetscape was more in keeping with the current streetscape; he advised that the residents expressed concerns with regard to the condition of the old Union Centre and were of the opinion that the Union Centre should be demolished. He further stated there should be sufficient parking to satisfy the needs of the proposed development. The Director of Planning and Development addressed the issue of the elimination of on- street parking and the installation of curbs along Murray Street. Mr. Dennis Savriga commented on the following concerns: the marketability of having only 26 units; the issue of higher parking standards in order to alleviate on- street parking; advised that the 5% cash in lieu of parkland was being looked into and he was of the opinion that if the City has the right to the requested 5% cash in lieu of parkland, that the developer would pay the 5 During the discussion, it was noted that the following suggested compromises be noted: that the developer was satisfied with the request of widening Drummond Road; that the developer give up the daylighting triangle and that the developer provide only 5 feet of road widening from Ash Street from Drummond Road to the first townhouse unit. -5- Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 11/2001, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the report be received and adopted with the suggested compromises. The motion Carried with Alderman Federow abstaining from the vote on a conflict of interest previously noted; Aldermen Craitor and Wing voting contrary to the motion and with all others voting in favour. See By -law No. 2001 -266 PD- 2001 -106 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 31/2001, 3109 Ussher Street; Applicant: Mr. Mrs. Willick; Agent: Michael Allen; Proposed Accessory Apartment. The report recommends that Council deny the application to amend the Zoning By -law to permit an accessory apartment. -AND Communication No. 221 Garry and Connie Anderson, 3085 Ussher Street. The communication advises as being strongly opposed to any re- zoning and that the area must remain Residential Single Family. Communication No. 222 Nathaniel Reid, 3163 Cattell Drive. The communication advises as being opposed to the proposed rezoning amendment application. Communication No. 223 Paul J. Wintemute, Solicitor, on behalf of Mr. Albert and Mrs. Margaret Wintemute, residing at 3096 Chipman Crescent. The communication advises as being in opposition to the proposed rezoning amendment application. Communication No. 224 Jim Albon, 3095 Ussher Street. The communication advises as not being in favour of the proposed rezoning amendment application. Communication No. 225 Linda and Larry Wall, 3098 Chipman Crescent. The communication advises as being opposed to the rezoning application. Communication No. 226 Ivanka, Karmelo and Daniel Ivankovac, 3100 Chipman Crescent. The communication advises as being opposed to the proposed rezoning. Communication No. 227 Petition Headed by H. Michitsch, 3107 Ussher. The petition advises that the undersigned are not in favour of the proposed rezoning amendment. Communication No. 228 Mr. Alan Willick. The communication provides information regarding the application for rezoning. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Acting City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid first class mail on November 2, 2001. His Worship Mayor Thomson received indication that Mr. Michael Allen was in attendance on behalf of the applicant and received a positive response to his request for a show of hands by persons present who were interested in the application. 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. The Director of Planning and Development reviewed the proposal through the use of posted sketches; discussed the expansion to the existing driveway; stated that there was no way to control the tenure of the building and that staff were recommending denial of the application. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a positive response in opposition to the application. Mr. Herb Michitsch, 3107 Ussher, was in attendance on behalf of the residents in the area, and expressed the opinion that the residents wanted to maintain the single family dwellings in the area and could not support the rezoning application Alderman Feren vacated Chambers. -6- In response to questions raised, the Director of Planning and Development advised that the rezoning would be a change in use to allow two dwellings on the property and stated that, at the present time, the municipality did not have any policies to guide this type of development Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 31/2001, closed. ORDERED on the motion of Alderman Fisher, seconded by Alderman loannoni, that the matter be deferred until the property owners and the residents get together to address their concerns and come to some sort of a compromise. The motion Carried with Aldermen Campbell, Puttick and Federow voting contrary to the motion and with all others voting in favour. Alderman Feren returned to Chambers. PD- 2001 -107 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 32/2001, 5845 5851 Victoria Avenue: Applicant: Enrico DiRisio; Agent: Italia Gilberti; Niagara Imperial Hotel. The report recommends the following: 1. That Council approve the Zoning By -law Amendment application to amend the current TC -173 zoning for 5845 and 5851 Victoria Avenue conditional upon: a) the amending by -law including a landscaping requirement for the parking area; b) a decorative masonry wall or ornamental fence be erected within the landscape strip between the parking area and Ellen Avenue; -7- 2. That Council require the owner to enter into a site plan agreement that includes details of the parking lot landscaping, landscape improvements along Victoria Avenue and along the west side of the building and of the existing site services and any modifications thereto; 3. That Council pass the amending by -law included on tonight's agenda, to implement the application. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Acting City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid first class mail on November 13, 2001. His Worship Mayor Thomson received indication that Ms. Italia Gilbert' was in attendance on behalf of the applicant and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. The Director of Planning and Development advised that the proposed underground parking had been eliminated with surface parking being provided. 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. Ms. Italia Gilberti, advised that the applicant was Niagara Imperial Hotel Ltd. and requested that conditions 1 a) and 1 b) of the recommendation report be deleted as they were already incorporated into the by -law. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 32/2001, closed. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the report be received and adopted as amended. The motion Carried with Alderman Fisher abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. See By -law No. 2001 -265 PD- 2001 -111, Recommendation Report; Miller Road Estates Draft Plan of Subdivision 26T -11- 2000 -05 (Revised); Official Plan Zoning By -law Amendment Application; AM- 17/2000; 727604 Ontario Limited. The report recommends the following: 1. That the application to amend the Official Plan and Zoning By -law be approved as indicated in this report; 2. That the Miller Road Estates Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; -8- 3. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 4. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. -AND Communication No. 229 Regional Niagara, Planning Development Department. The communication advises that provided all matters of concern are appropriately addressed, the Regional Planning staff have no objection to the approval of these amendments. Communication No. 230 Regional Niagara, Public Health Department. The communication provides recommendations and comments for draft approval. Communication No. 231 Ms. Gail Morellato. The communication expresses concerns regarding the construction traffic and additional vehicles that will be travelling on Miller Road and the break down of the road due to all the construction; expressing water drainage concerns; and whether there will be adequate fire protection for all the proposed properties in the area. Communication No. 232 The Niagara Parks Commission. The communication comments that Miller Road must be improved to municipal standards westerly to Willoughby Drive for access to the site by trucks, during construction and for future deliveries /pickup; upgrading and intersection improvements including concrete curbs will be required at the Niagara Parkway /Miller Road intersection Communication No. 233 Niagara Peninsula Conservation Authority. The communication advises that the Conservation Authority requires additional information with respect to stormwater management on the site. Communication No. 234 Canadian Niagara Power Inc. The communication advises as having no objection to the approval of the development subject to the conditions as outlined in the communication. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The Acting City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid first class mail on November 2, 2001. His Worship Mayor Thomson received indication that Mr. Brian Sinclair was in attendance on behalf of the applicant and received a positive response to his request for a show of hands 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. -9- The Director of Planning and Development reviewed the proposed development through posted sketches and advised that the subject land was on the north side of Miller Road between Willoughby Drive and the Niagara Parkway; indicated that there was an extensive list of conditions associated with the proposed plan of subdivision; stated that the proposed street system would utilize an unopened road allowance extending north from Miller Road and an internal street connecting to Miller Road at the west limit of the property; referred to the onsite stormwater management and use of drainage area; the protection of natural creek system. He advised that staff were recommending approval of the draft plan of subdivision. 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. Mrs. Karen Nestler Pagetto, who owns Block 12 was of the opinion that Miller Road should be a through street and stated that the development would greatly enhance the area and that she was in favour of the application. Mr. Brian Sinclair expressed his appreciation to members of staff for all their efforts in this initiative and advised that this development would be a first class subdivision. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 17/2000, closed. ORDERED on the motion of Alderman Feren, seconded by Alderman Hendershot, that the report be received and adopted as amended. The motion Carried with Alderman Federow abstaining from the vote on a conflict of interest, because he resides in the area and with all others voting in favour. ORDERED on the motion of Alderman Feren, seconded by Alderman Hendershot, that the communications be received and filed. Carried Unanimously. PD- 2001 -108 Chief Administrative Officer Re: Updating the Tourist Area; Development Application Guide. The report recommends that the Tourist Area Development Application Guide be adopted and updated as outlined in this report. 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 -263 PD- 2001 -109 Chief Administrative Officer Re: Regional policy Plan Amendment No. 166, Metcap Living. The report recommends the following: 1. That Council advise the Regional Municipality of Niagara that it does not support Regional Policy Plan amendment No. 166; 2. That a copy of this report be forwarded to the Regional Municipality of Niagara Planning and Development Department for its information. -AND Communication No. 235 Hynde Paul Associates. The communication requests, on behalf of their client, MetCap Living Management Inc. that the matter be deferred at this time. ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the requested deferral be approved. The motion Carried with Alderman Federow abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. PD- 2001 -110 Chief Administrative Officer Re: Burnfield Lane Draft Plan of Condominium; 3241 Montrose Road; Owner: Grey Forest Homes Ltd. The report recommends the following: 1. That the Burnfield Lane Plan of condominium be draft approved subject to the conditions in the attached Appendix; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. His Worship Mayor Thomson received indication that Ms. Debra McMann, on behalf of Grey Forest Homes Ltd. was in attendance. Ms. McMann advised that the applicant was not opposed to the construction of a sidewalk, but expressed concerns regarding Condition #6 in the recommendation report which stated that the developer is to construct a 1.5 metre sidewalk from the property to Matthews Drive. She advised that the applicant was opposed to the sidewalk construction to Matthews Drive. Following some discussion, it was ORDERED on the motion of Alderman Feren, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL ADOPTION OF MINUTES ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the Regular Minutes of November 26, 2001 be approved as printed. Carried Unanimously. MAYOR'S REPORTS. ANNOUNCEMENTS, REMARKS Whirlpool Bridge Re- opening His Worship Mayor Thomson announced that the Whirlpool Bridge would be re- opening and that the CanPass would be utilized as of May 1$`, 2001. Swagelok Closing Niagara Falls Plant His Worship Mayor Thomson expressed concerns regarding the upcoming closure of the Swagelok Plant in Niagara Falls and requested that a letter be forwarded to the Provincial and Federal governments, indicating tighter government control on these large companies pulling out of Canada even though they have successful operations in Canada and suggested that Swagelok products could be boycotted. Following some discussion, it was ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that a letter be forwarded to the Provincial and Federal governments expressing Council's concerns, and requesting tighter government control over these large companies pulling out of Canada even though they have successful, productive operations in Canada; and further, that a letter be forwarded to the Swagelok Corporate Offices expressing Council's concern that the jobs of their employees located in Canada should be saved. Carried Unanimously. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the actions taken in Community Services Committee, earlier this evening be approved: 1. Adoption of the October 29, 2001 Community Services Committee Minutes; 2. BBS- 2001 -32 6740 Fallsview Boulevard Variance to Sign By -law No. 6661, as amended that the matter be deferred; 3. BBS- 2001 -30 Bill 124 that the report be received for information; 4. MW- 2001 -163 Assumption and Dedication of Part of St. Mary's Street Part 4, Plan 59R -6007- that the City consider and approve a by -law assuming the existing roadway across the frontage of the existing lot at 6025 St. Mary's Street and dedicating the property as a Public Highway. The motion Carried with Aldermen Feren and Volpatti abstaining from the vote on Report BBS- 2001 -32 on conflicts of interest previously noted and with all others voting in favour. MW- 2001 -164 Chief Administrative Officer Re: Tender 2001 109 -01, Valleyway, Longhurst Avenue Garner Road; Watermain Replacement. The report recommends that the unit prices submitted by the low tenderer, Fine Grade Construction Ltd., be accepted and the by -law be passed. 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 -260 HR- 2001 -05 Chief Administrative Officer Re: OMERS Pension Plan Adjustments. The report recommends that this report be received for the information of Council. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and filed for the information of Council. Carried Unanimously. F- 2001 -75- Chief Administrative Officer Re: Borrowing By -law. The report recommends that the Corporate Services Committee approve the borrowing of $23,000,000.00 for current expenditures and approve the borrowing of $18,175,000.00 for the acquisition of the CN /CP Railway Corridor. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be deferred. The motion Carried with Aldermen Fisher and Volpatti abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. F- 2001 -76 Chief Administrative Officer Re: Municipal Accounts. The report recommends that City Council approve the municipal accounts totalling $2,786,979.96 for the period ending December 3, 2001. -12- ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. The motion Carried with Alderman Craitor abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. CD- 2001 -13 Chief Administrative Officer Re: 2002 Council Schedule. The report recommends that Council pass the By -law appearing on this evening's agenda adopting a schedule of meetings for Council for 2002. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Alderman Craitor voting contrary to the motion and with all others voting in favour. CD- 2001 -14 Chief Administrative Officer Re: Appointments to Boards, Commissions and Committees. The report recommends that Council select appointees to serve for various terms on Boards, Commissions and Committees and that the appointments be confirmed by the By -law to be passed at this meeting. Through secret ballots, the following appointments were made: Arts and Culture Commission Greater Niagara Transit Commission See By -law No. 2001 -264 See By -law No. 2001 -258 ORDERED on the motion of Alderman loannoni, seconded by Alderman Campbell, that Carol Cowlishaw; Georg A. Kostyk; Philomena McCraken; pat Piccirillo and Brian Smylski be appointed Citizen Representatives to the Arts and Culture Commission for the 2002, 2003 Term. Carried Unanimously. That Ron Planche and R.T. (Ted) Salci be appointed as Citizen Representatives to the Greater Niagara Transit Commission for the 2002, 2003 Term. Niagara Falls Board of Museums ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that Georg Kostyk and Peter McKenna be appointed as Citizen Representatives to the Niagara Falls Board of Museums for the 2002, 2003 and 2004 Term. Carried Unanimously. Property Standards Committee That Sam LaRosa be appointed as Citizen Representative to the Property Standards Committee for the 2002, 2003 and 2004 Term. Recreation Commission That Paul Campigotto; Donald (Don) W. Jackson; Janet Kilty and Tom Merrett be appointed to the Recreation Commission for the 2002, 2003 Term. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Feren, that the decisions be endorsed and the ballots be destroyed. Carried Unanimously. See By -law No. 2001 -267 -13- Chair, Body Rub Parlour Committee Re: Report of the Body Rub Parlour Committee. His Worship Mayor Thomson received indication that Mr. Luigi DeLisio, Solicitor was in attendance on behalf of Ms. Marijana Kovinic and advised that the deal on the subject property had not closed and therefore his client could not comply to the requests of the committee. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received and that the applicant is disentitled to proceed further with her application for a body -rub parlour owner's licence because of non compliance with Clause 52B (1)(a), not complying with or satisfying eligibility requirements of the by -law, for the reasons set out in the report, which is hereby confirmed. Carried Unanimously. See Resolution No. 41 L- 2001 -70 Chief Administrative Officer Re: Establish Part 3 on Reference Plan 59R -11368 as a Public Highway to be known as Garner Road. The report recommends that the road widening, described as part 3 on Reference Plan No. 59R- 11368, be established as a public highway to form part of Garner Road. 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 -262 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: That Council pass the appropriate by -law appointing Mr. Dean lorfida to the position of City Clerk at the start rate for the position effective December 17, 2001 subject to a one year probationary period and enrollment/completion of AMCT designation. That a letter of appreciation be forwarded to Mr. Ray Kallio for his good work as Acting City Clerk. The motion Carried, with Alderman Federow voting contrary to the motion and with all others voting in favour. BY -LAWS See By -law No. 2001 -268 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 -258 A by -law to amend By -law 89 -155 and adopt a Schedule of Meetings. 2001 -259 A by -law to amend By -law No. 95 -86, being a by -law to appoint municipal by -law enforcement officers for the City of Niagara Falls. 2001 -260 A by -law to authorized the execution of an agreement with Fine Grade Construction Ltd. respecting the watermain replacement on Valley Way, Longhurst Avenue and Garner Road. 2001 -261 A by -law to amend By -law No. 99 -140, as amended, being a by -law to appoint Municipal By -law Enforcement Officers for the City of Niagara Falls. -14- 2001 -262 A by -law to establish Part 3 on Reference Plan 59R -11368 as a public highway, to be known as and to form part of Garner Road. 2001 -263 A by -law to adopt the Tourist Area Development Application Guide. 2001 -264 A by -law to authorize monies for General Purposes (December 3, 2001) 2001 -265 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 32/2001, Enrico DiRisio) 2001 -266 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 11/2001, 6365 Drummond Rd., Ralph Terrio) 2001 -267 A by -law for Appointments to Boards, Commissions Committees. 2001 -268 A by -law to authorize the appointment of Dean lorfida to the position of City Clerk. The motion Carried with Alderman Craitor abstaining from the vote on By -law No. 2001- 264 on conflicts of interest previously noted; Alderman Fisher abstaining from the vote on By -law No. 2001 -265 on a conflict of interest previously noted; Alderman Federow abstaining from the vote on By -law No. 2001 -266 on a conflict of interest previously noted and voting contrary to the motion to By -law No. 2001 -268; Aldermen Craitor and Wing voting contrary to By -law No. 2001 -266 and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the by -law be read a second and third time: 2001 -258 A by -law to amend By -law 89 -155 and adopt a Schedule of Meetings. 2001 -259 A by -law to amend By -law No. 95 -86, being a by -law to appoint municipal by -law enforcement officers for the City of Niagara Falls. 2001 -260 A by -law to authorized the execution of an agreement with Fine Grade Construction Ltd. respecting the watermain replacement on Valley Way, Longhurst Avenue and Garner Road. 2001 -261 A by -law to amend By -law No. 99 -140, as amended, being a by -law to appoint Municipal By -law Enforcement Officers for the City of Niagara Falls. 2001 -262 A by -law to establish Part 3 on Reference Plan 59R -11368 as a public highway, to be known as and to form part of Garner Road. 2001 -263 A by -law to adopt the Tourist Area Development Application Guide. 2001 -264 A by -law to authorize monies for General Purposes (December 3, 2001) 2001 -265 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 32/2001, Enrico DiRisio) 2001 -266 A by -law to amend By -law No. 79 -200, as amended. (Re: AM- 11/2001, 6365 Drummond Rd., Ralph Terrio) 2001 -267 A by -law for Appointments to Boards, Commissions Committees. 2001 -268 A by -law to authorize the appointment of Dean lorfida to the position of City Clerk. Pedestrian Lights Leaf Pickup The motion Carried with Alderman Craitor abstaining from the vote on By -law No. 2001- 264 on conflicts of interest previously noted; Alderman Fisher abstaining from the vote on By -law No. 2001 -265 on a conflict of interest previously noted; Alderman Federow abstaining from the vote on By -law No. 2001 -266 on a conflict of interest previously noted and voting contrary to the motion to By -law No. 2001 -268; Aldermen Craitor and Wing voting contrary to By -law No. 2001 -266 and with all others voting in favour. Letter of Thanks -15- RESOLUTIONS NO. 41 VOLPATTI IOANNONI WHEREAS by enactment of By -law No. 2001 -91, Council provided for a committee to conduct a hearing in respect of an application for a body -rub parlour owner's licence being Marijana Kovinic, 8911 Lundy's Lane; AND WHEREAS the committee has now submitted its report to Council regarding Marijana Kovinic, 8911 Lundy's Lane. BE IT THEREFORE RESOLVED THAT the report of the committee is received; AND FURTHER THAT the applicant has failed to comply with or satisfy Stage 1 Preliminary Eligibility requirements for a body -rub parlour owner's licence because of non compliance with clause 11(1)(b) of By -law No. 99 -164, as amended, which requires a copy of the lease or any other document creating or affecting the legal relationship between the applicant and the registered owner of the property; AND FURTHER THAT the applicant is disentitled to proceed further with her application for a body -rub parlour owner's licence because of non compliance with clause 52b (1)(a), not complying with or satisfying eligibility requirements of the by -law, for the reasons set out in the report, which are hereby confirmed. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. NEW BUSINESS Alderman Selina Volpatti expressed her appreciation to all those individuals who had submitted their names to volunteer on the various Boards, Commissions and Committees. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that a letter of appreciation be forwarded to all the individuals who had submitted their names to volunteer on the various Boards, Commissions and Committees. Carried Unanimously. Alderman Selina Volpatti referred to having pedestrian lights at St. James and Thorold Stone Road, because of concerns expressed by the residents in the area and requested that the matter be referred to staff and to the Region to look into the matter of whether a signal light may be warranted. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the matter of whether a signal light may be warranted at St. James and Thorold Stone Road be referred to staff and to the Region. Carried Unanimously. Alderman Wayne Campbell expressed concerns regarding the issue of leaf pickup, specifically in the area of 2 Avenue /Jefferson and McRae Streets. Illuminated Address Signs in Rural areas Pet Photos Christmas Party at the Shelter Body Rub Parlour Signs ORDERED on the motion of Alderman Wing, seconded by Alderman Campbell, that the signs located in front of the Body Rub Parlours advertising these businesses be removed. Carried Unanimously. Following some discussion, it was ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the issue of the body rub parlour located on Main Street across from the Funeral Home, with flashing signs also be looked into. Carried Unanimously. Alderman Art Federow referred to concerns expressed regarding having houses in some areas set back from the road, and that during an emergency situation, firemen being unable to read the addresses in those areas. It was suggested that staff look into having house markings /addresses highlighted or illuminated for emergency purposes. The Executive Director of Community Services advised that a by -law would be prepared in order to implement this program. Alderman Art Federow referred to concerns expressed by volunteer firefighters who were using their 4 -way flashers when responding to an emergency and of being pulled over by police. He was advised by the Deputy Fire Chief that the matter could be looked into and revisited with a report back to Council. ORDERED on the motion of Alderman Federow, seconded by Alderman Pietrangelo, that the matter of volunteer firefighters using their four -way flashing lights when responding to an emergency situation be revisited, with a report back to Council. Carried Unanimously. Alderman Janice Wing informed members of Council that on behalf of the Humane Society, Pet Value, at Stamford Green Plaza would be holding a pet photo session on December 7' and December 8 with donations going to benefit the Humane Society and invited anyone with pets to attend. Alderman Janice Wing advised that a Christmas Party would be held at the Niagara Falls Humane Society on December 15, 2001, featuring a book signing by William Thomas, the author of The Dog Rules, and Malcolm and Me, Life in the Litter Box; also a silent auction of gift items and holiday baskets will be featured. His Worship Mayor Thomson vacated the Chair on a conflict of interest previously noted and left the meeting; and -17- Alderman Wayne Campbell was requested to take the Chair. CS- 2001 -11, Chief Administrative Officer Re: Jolley Cut. The report recommends the following: 1. That Council accepts the Niagara Parks Commission's recommendation that the City and the Niagara Parks Commission jointly undertake and fund a planning review of the Jolley Cut that includes public and stakeholder input; 2. That Council authorizes staff to work with Niagara Parks Commission staff to develop a Terms of Reference for the Jolley Cut planning review; 3. That Council reconsiders its decision to hold the Jolley Cut Public Meting on December 10, 2001 to allow Canadian Niagara Hotels to complete its proposal and to allow the Niagara Parks Commission and the City to undertake a planning review of the area. -AND Communication No. 236a) Mr. Jim Brown, which attaches a Petition No. 236b) Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that private ownership of the Jolley Cut not be considered. The motion was Lost with Aldermen Hendershot, Pietrangelo, Feren, Puttick, and Campbell voting contrary to the motion and Aldermen Wing, loannoni, Federow, Craitor and Volpatti voting in favour of the motion. Following further discussion, it was noted that: Recommendation #1: ORDERED on the motion of Alderman Hendershot, seconded by Alderman Feren, that Council accepts the Niagara Parks Commission Recommendation that the City and The Niagara Parks Commission jointly undertake a Planning Review of the Jolley Cut that includes public and stakeholder input at no cost to the City. Carried Unanimously. Recommendation #2: ORDERED on the motion of Alderman Hendershot, seconded by Alderman Feren, that Council authorizes staff to work with Niagara Parks Commission staff to develop a Terms of Reference for the Jolley Cut Planning review. Carried Unanimously. Recommendation #3: ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that Council reconsiders its decision to hold the Jolley Cut Public Meeting on December 10 2001 to allow Canadian Niagara Hotels to complete its proposal and to allow the Niagara Parks Commission and the City to undertake a planning review of the area. The motion Carried with Aldermen Craitor, loanoni, Volpatti and Wing voting contrary to the motion and with all others voting in favour. READ AND ADOPTED, R. O. KALLIO, ACTING CI CLERK -18- ORDERED on the motion of Alderman Puttick, seconded by Alderman Wing, that the meeting be adjourned. Carried Unanimously. AYNE THOMSON, MAYOR