2002/01/28THIRD MEETING
REGULAR MEETING
Council met on Monday, January 28, 2002 at 6:00 p.m. for the purpose of
considering Regular Business matters. All members of Council, with the exception of
Alderman Feren, were present. Alderman Gary Hendershot offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that
the Minutes of January 21, 2002 be adopted as printed. The motion Carried with Aldermen
loannoni and Wing voting contrary to the "Letters to the Editor" item under "Mayor's
Reports, Announcements, Remarks and with all others voting in favour.
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures presented.
MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS
Letter of Condolence
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that a
letter of condolence be forwarded to the family of the late Roy Adams, a member of the
Regional Council and former Mayor of St. Catharines. Carried Unanimously.
Alderman Pietrangelo entered the meeting.
Letter of Appreciation
ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that a
letter of appreciation be forwarded to Mr. John Nimes, Parks, Recreation and Culture, in
recognition for his efforts in assisting an individual who had suffered a heart attack. Carried
Unanimously.
Tree Removal for Golf Course Construction
Council Chambers
January 28, 2002
His Worship Mayor Thomson referred to a request from Mr. Nick Matovic for
Council's support to have some trees removed to accommodate soil for a proposed
golf course.
Following some discussion, it was ORDERED on the motion of Alderman
Pietrangelo, seconded by Alderman Fisher, that the Council send its support of Mr.
Matovic's request to the Region, who have authority over tree cutting matters as per their
Tree Conservation By -law. Carried Unanimously.
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Chippawa Volunteer Firefighters Station 4
Mr. Ken Prohaska and Mr. Gord Chase, were in attendance on behalf of the
Chippawa Volunteer Firefighters, Station #4 to present a token of appreciation to the City
of Niagara Falls and Mayor Thomson, for the hospitality shown to the Fairfield Fire
Department in Pennsylvania
ORDERED on the motion of Alderman Federow, seconded by Alderman Fisher, that a
letter of thanks be forwarded to the Fairfield Fire Department on behalf of the City for the
presentation of the plaque. Carried Unanimously.
PRESENTATIONS
2001 Ontario Masters Cross Country Run
His Worship Mayor Thomson congratulated and presented plaques to Mr. Paul
Yerich, Mr. Brian Delaney, Mr. Brian Drewett and Mr. John Murphy, who had placed
First in the 2001 Ontario Masters 5km Cross Country Run event.
Farewell to Ed Lustig, CAO
His Worship Mayor Thomson, on behalf of the City, bid farewell and presented a
token of appreciation to outgoing Chief Administrative Officer, Ed Lustig and welcomed the
new Chief Administrative Officer, Mr. John MacDonald.
DEPUTATIONS
Environmental Planning Greening Committee
Mr. David Scott introduced the members of the Environmental Planning and
Greening Committee; referred to the Committee's Vision Statement; provided highlights of
the actions stemming from the Environmental Planning and Greening Committee meetings
of November 21, 28, 2001 and January 16, 2002 dealing with the Streetscaping Master
Plan; The City Beautification Review and the 2002 Work Program for the Committee.
Mr. Russell Boles, a committee member and a member of the Niagara Falls
Horticulture Society, indicated that concern had been expressed regarding the lack of
colour and maintenance of the Welcome Sign along the Q.E.W. and advised that the
Horticulture Society had offered to design, install and maintain the flowers at the Q.E.W.
Welcome Sign.
Mr. Scott referred to the Committee's recommendation for the City's 2002 Budget,
that City Council refer to budget deliberations, the allocation of $30,000 for an extension
to the Streetscape Master Plan to cover other areas in the City and that an allocation of
$35,000 be made for a beautification project and that sufficient funds be provided to
ensure proper maintenance of the beautification areas.
-AND
Report R- 2002 -09 Chair, Environmental Planning Greening Committee Re:
Actions Stemming from the Environmental Planning Greening Committee Meetings
of November 21, 28, 2001 and January 16, 2002. The report recommends that Council
endorse the actions of the November 21, 2001, November 28, 2001, and January 16, 2002
meetings of the Environmental Planning Greening Committee.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the
report be received and adopted. Carried Unanimously.
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Following further discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Volpatti, that staff bring back a report on the enforcement of site
plans on properties at main intersections. Carried Unanimously.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
actions taken in Community Services Committee, earlier this evening, be approved:
1. Adoption of the Community Services Committee Minutes of January 14, 2002;
2. Report MW- 2002 -13 Municipal Drain No. 6, Montrose Road Interim Levying By-
law that Council pass an interim levying by -law that states the costs incurred by
the City of Niagara Falls to construct Municipal Drain No. 6 will be assessed to all
landowners as set out in the assessment schedule in the Engineer's Report;
3. Report R-2002-05 Main Street Closure Study Environmental Assessment -that the
report be deferred to a special meeting of Council and local stakeholders;
4. Presentation that Council accept the report and presentation on behalf of the
Niagara Heavy Construction Association and refer it to staff.
Carried Unanimously.
See By -law No. 2002 -26
PD- 2002 -13 Chief Administrative Officer Re: Kingston Educational Center Inc.,
4300 Epworth Circle; Kingston College Agreement with the City; Committee of
Adjustment Application A-31/2001; Condition of Approval. The report recommends
that Council authorize the execution of an Agreement dated October 10, 2001 between
Kingston Educational Center Inc., and the City to satisfy a condition of approval by the
Committee of Adjustment.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
that the report be received and adopted. Carried Unanimously.
PD- 2002 -14 Chair, Local Architectural Conservation Advisory Committee
Re: Matters Arising from the Local Architectural Conservation Advisory Committee
(LACAC). The report recommends the following: 1) that Council proclaim the week of
February 17 to February 24 2002 as Heritage Week in the City of Niagara Falls; 2) that
Council receive the information concerning the heritage value of the Jolley Cut and forward
the information to the consultant.
ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that
Recommendation #1 and #2 be approved. The motion Carried with Alderman Puttick voting
contrary to the motion on Recommendation #2 and with all others voting in favour.
F- 2002 -09- Chief Administrative Officer Re: 2000 Financial Statements. The report
recommends that the Council accept the 2000 Consolidated Financial Statement for The
Corporation of the City of Niagara Falls.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the report be received and adopted. Carried Unanimously.
F- 2002 -10 Chief Administrative Officer Re: Interim Tax Rates. The report
recommends that Council approve the 2002 Interim Tax Rates and pass the By -law
providing for a 2002 Interim Tax Levy.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the
report be received and adopted. Carried Unanimously.
See By -law No. 2002 -30
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ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that a
letter of appreciation be forwarded to staff in the Finance Department for a job well done
CD- 2002 -02 Chief Administrative Officer Re: Reduction of the Number of Aldermen
on City Council. The report recommends that the report is for the information and
direction of Council.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Campbell, that the
report be received and filed and further, that the City Clerk be requested to prepare a
report to set up a public meeting to consider the matter. The motion Carried with Aldermen
Craitor, loannoni, Orr and Wing voting contrary to the motion and with all others voting in
favour.
L- 2002 -08 Chief Administrative Officer Re: Niagara Resorts Inc., Lease Agreement
with the City; 5591 Victoria Avenue. The report recommends that Council authorize an
agreement with Niagara Resorts Inc., to permit the use of part of Victoria Avenue road
allowance for the purpose of improving the driveway entrance and reception area in
conjunction with the Hampton Inn and the Mayor and Clerk be authorized to execute the
said agreement.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that
the report be received and adopted. Carried Unanimously.
See By -law No. 2002 -25
L- 2002 -09 -Chief Administrative Officer Re: Establishment of Public Highways; part
2 on 59R -11581 to be known as Kalar Road; parts 1 and 3 on 59R -11323 to be known
as Drummond Road. The report recommends the following:
1. That a road widening, being part 2 on Reference Plan No. 59R- 11581, be
established as a public highway, to be known as Kalar Road;
2. That a road widening, being parts 1 and 3 on Reference Plan No. 59R- 11323, be
established as a public highway, to be known as Drummond Road.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that
the report be received and adopted. Carried Unanimously.
See By -law No. 2002 -28
See By -law No. 2002 -29
RESOLUTIONS
NO. 04 FISHER PIETRANGELO BE IT RESOLVED THAT the Council of the
Corporation of the City of Niagara Falls declare surplus the part of the former CNR right -of-
way, located at the rear of 8646 Champlain Drive and to convey the said land to Dominic
Paulo to fulfill the obligation of The Corporation of the Village of Chippawa.
AND the Seal of the Corporation be hereto affixed. Carried Unanimously.
BY -LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that
leave be granted to introduce the following by -laws, and the by -laws be read a first time:
2002 -25 A by -law to authorize an agreement with Niagara Resorts Inc. to permit the
use of part of Victoria Avenue road allowance for the purpose of improving
the driveway entrance and reception area in conjunction with the Hampton
Inn.
2002 -26 A by -law to provide for the interim levying of costs for Drain No. 6 in the City
of Niagara Falls.
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2002 -27 A by -law to amend By -law No. 2001 -01, being a by -law to provide for
appointments to certain Boards, Commissions and Committees.
2002 -28 A by -law to establish parts 1 and 3 on Reference plan No. 59R- 11323, as a
public highway, to be known as and to form part of Drummond Road.
2002 -29 A by -law to establish part 2 on Reference Plan No. 59R- 11581, as a public
highway, to be known as and to form part of Kalar Road.
2002 -30 A by -law to provide an interim levy of realty taxes.
2002 -31 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 28 day of January, 2002.
The motion Carried Unanimously.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that
the by -laws be read a second and third time:
2002 -25 A by -law to authorize an agreement with Niagara Resorts Inc. to permit the
use of part of Victoria Avenue road allowance for the purpose of improving
the driveway entrance and reception area in conjunction with the Hampton
Inn.
2002 -26 A by -law to provide for the interim levying of costs for Drain No. 6 in the City
of Niagara Falls.
2002 -27 A by -law to amend By -law No. 2001 -01, being a by -law to provide for
appointments to certain Boards, Commissions and Committees.
2002 -28 A by -law to establish parts 1 and 3 on Reference plan No. 59R- 11323, as a
public highway, to be known as and to form part of Drummond Road.
2002 -29 A by -law to establish part 2 on Reference Plan No. 59R- 11581, as a public
highway, to be known as and to form part of Kalar Road.
2002 -30 A by -law to provide an interim levy of realty taxes.
2002 -31 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 28` day of January, 2002.
The motion Carried Unanimously.
NEW BUSINESS
Timeframe to speak at Council
Alderman Judy Orr requested clarification as to the timeframe that is permitted for
Aldermen to speak at Council. She was advised that a copy of the procedural By -law
would be provided by the City Clerk on the matter.
Dorchester Road Environmental Assessment
Alderman Carolynn loannoni referred to the Dorchester Road Environmental
Assessment Study and requested some further clarification on the matter. She was
advised by the Director of Municipal Works that there would be a Public Information
Session held the first two weeks in February at the Optimist Hall on Dorchester Road and
that there would be an ad placed in the newspaper advertising the Public Open House
session.
Licencing of Businesses
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Alderman Carolynn loannoni requested clarification on the issue of licencing service
and delivery businesses. She was advised by the City Solicitor that Council would have
to provide the grounds for issuing a licence, for example consumer protection; health and
safety.
Following some discussion, it was ORDERED on the motion of Alderman loannoni,
seconded by Alderman Wing, that staff bring back a report on licencing specific service and
delivery businesses. Carried Unanimously.
Restricting the Number of Downtown Bars
Alderman Wayne Campbell expressed concems with respect to the number of bars
in the Downtown area requested that staff bring back a report on restricting the number of
downtown bars.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that staff
bring back a report on restricting the number of bars in the Downtown area. Carried
Unanimously.
Lack of Washroom Facilities
Alderman Wayne Campbell referred to correspondence received from Mr. Lombardi,
Subway, regarding the lack of washroom facilities in the tourist area. He was advised by
Alderman Puttick that the Victoria BIA would be coming back with a report on the matter.
Following the discussion, it was ORDERED on the motion of Alderman Campbell,
seconded by Alderman Orr, that the correspondence from Mr. Lombardi, with regard to the
lack of washroom facilities in the tourist area be referred to staff and to the Victoria BIA.
Carried Unanimously.
Municipal Competitive Study
Alderman Selina Volpatti reviewed correspondence from the Region and provided
statistics from the Municipal Competitive Study.
Waste Management Fee Structure
Alderman Judy Orr suggested that the cancellation of garbage pickup for business
owners should be forwarded to the Director of Finance.
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ORDERED on the motion of Alderman Hendershot, seconded by Alderman Puttick, that
the meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
DEAN IORFI IA, C CLERK WAYNE THOMSON, MAYOR