2002/02/04READ AND ADOPTED,
FOURTH MEETING
COMMITTEE -OF -THE -WHOLE
REGULAR MEETING
ADOPTION OF MINUTES
DISCLOSURES OF PECUNIARY INTEREST
Committee Room #2
February 4, 2002
Council met on Monday, February 4, 2002 at 5:25 p.m. in Committee -of- the Whole.
All members of Council, with the exception of Alderman Craitor, were present. Alderman
Gary Hendershot presided as Chairman.
Following consideration of the items presented, the Committee -of- the -Whole rose
to report in open session.
DEAN IORFID CLERK WAYNE THOMSON, MAYOR
Council Chambers
February 4, 2002
Council met on Monday, February 4, 2002 at 6:20 p.m. for the purpose of
considering Regular Business matters. All members of Council, with the exception of
Alderman Craitor, were present. Alderman Victor Pietrangelo offered the Opening Prayer.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
that the Minutes of Regular Council Meeting of January 28, 2002 be adopted as printed.
Carried Unanimously.
Alderman Feren indicated a pecuniary interest on Report F- 2002 -12, Cheque No.
265451 because he is the recipient; and on Cheque Nos. 265326 and 265189 because he
has a business relationship.
Alderman Volpatti indicated a conflict of interest on Report No. PD- 2002 -16,
because her daughter is employed by the Ritz Motel.
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PRESENTATIONS
Niagara Falls Professional Fire Fighters Association
Mr. Bob Lymburner and Mr. Stan Socha, who were in attendance on behalf of the
Niagara Falls Professional Firefighters Association, presented cheques to the Niagara
Peninsula Children's Centre, and Heart Niagara, as a result of holding a variety show, "Set
the Night on Fire" and to Tender Wishes and Heart Niagara as a result of their 2002
Calendar sales.
A presentation was also made to Mr. Albert Zappitelli, the Sheraton Fallsview for
continued support of the fund raising campaign.
His Worship Mayor Thomson congratulated and thanked the firefighters for their
fundraising efforts.
Appointment of New Fire Chief
Mr. Ed Lustig provided a brief summary of the qualifications of Mr. Patrick Burke and
advised that Mr. Burke has been appointed to the position of Fire Chief for the City of
Niagara Falls.
ORDERED on the motion of Alderman Orr, seconded by Alderman loannoni, to approve
the appointment of Patrick Burke to the position of Fire Chief for the City of Niagara Falls.
Carried Unanimously.
Following the discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Feren, that a letter be forwarded to Acting Chief, Colin Ruddell in
appreciation for all his efforts. Carried Unanimously.
See By -law No. 2002 -34
DEPUTATIONS
World Youth Day 2002
Ms. Franca Lanigan, Diocesan Youth Ministry Coordinator provided a video
presentation on World Youth Day; reviewed the events and activities that would be taking
place during the pilgrimage of the World Youth Day Cross; advised that the Holy Father
would be giving the gift of the Holy Cross in St. Catharine's Diocese on February 13 2002
and that there would be a Candlelight procession held on February 15 2002 beginning
at the Table Rock Complex and extended an invitation to the community to attend.
Following the presentation, it was ORDERED on the motion of Alderman
Pietrangelo, seconded by Alderman Feren, that Council supports the initiative and that the
municipality would be willing to provide in kind services wherever possible. Carried
Unanimously.
REPORTS
RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that the
following actions taken in Corporate Services be approved:
1. Adoption of January 21, 2002, Corporate Services Committee Meeting Minutes;
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2. Report F- 2002 -12 Municipal Accounts that the Municipal Accounts totalling
$3,232,904.15 for the period ending February 4 2002 for the period ending
February 4 2002 be approved;
3. Report F- 2002 -11 2002 Municipal Utility Budget that the report be approved as
presented;
4. Report MW- 2002 -18 Waste Management Fee Structure that a monthly tax rate
for waste be used to generate revenue for Regional Waste Management Services;
5. Request from Buck Miller, Cyclist for Financial Assistance that the request be
referred to the Recreation Commission;
6. Request from Stamford Lions Club for 1,500 pins that the request be approved;
7. In Camera Session That the proposal presented to the Committee be accepted.
In response to questions raised with respect to the proposal presented to the
Committee In Camera, the Director of Finance stated that the City had received a request
in response to a tax arrears situation, to consider a prepaid contract arrangement for
publication of public service announcements involving three City Boards or Commissions:
the Niagara Transit, Niagara Falls Hydro and the Niagara Falls Library.
The motion Carried with Aldermen loannoni, Orr and Wing voting contrary to the waste
management fee structure; Alderman Orr voting contrary to the motion dealing with the
2002 Municipal Utility Budget; and Aldermen Federow, Orr and Puttick voting contrary to
the proposal presented to the Committee and with all others voting in favour.
See By -law No. 2002 -33
MW- 2002 -19 Chief Administrative Officer Re: Site Servicing Agreement between
the City of Niagara Falls and Consulate Ventures Inc., Oakwood Drive Servicing and
Road Improvements. The report recommends that the City enter into an agreement with
Consulate Ventures Inc., concerning the off -site servicing and future road improvements
required on Oakwood Drive, south of McLeod Road.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti that
the report be received and adopted. Carried Unanimously.
FS 2002 -01- Chief Administrative Officer, Re: Hazardous Materials. The report
recommends that the report is for the information of Council.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
report be received and filed. Carried Unanimously.
PD- 2002 -15 Chief Administrative Officer- Re: Public Meeting Orchard Grove West
Draft Plan of Subdivision;File:26T -11- 2001 -03; Owner: 5277866 Ontario Limited;
(Agreement of Purchase and Sale) The report recommends that Council consider input
received at the Public Meeting and refer all matters to staff for the review of the Orchard
Grove West Draft Plan of Subdivision.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance to Regulations by Prepaid First Class mail on January 18, 2002.
His Worship Mayor Thomson received indication that Mr. Victor Muratori, Solicitor,
was in attendance and received a positive response to his request for a show of hands by
persons present who were interested in the application.
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His Worship Mayor Thomson advised that failure to make written or oral
submissions at the Council meeting could result in the dismissal of the case at a future
Ontario Municipal Board hearing.
His Worship Mayor Thomson advised that no decision would be made at this
meeting and that the purpose of the meeting was to receive information and provide an
opportunity for public input; following which the Planning and Development Department
would consider all comments received and prepare a report to Council at a future meeting.
Mr. Victor Muratori, provided an overview of the subdivision proposal through the
use of posted sketches. He advised that the proposal was to develop the site for a total
of 97 single family lots with a "future residential development" to implement the provisions
of the Condominium Act to allow vacant land condominiums; and provide a street scheme
which would use an existing unopened road allowance.
Mr. Thomas Bielby, Solicitor, Brooks, Bielby Smith on behalf of Mr. and Mrs.
Williams, owners of the adjacent KOA campground advised that his clients were not in
opposition to the proposed subdivision, but wished to have input and discussions with the
developer and the city to address their concerns.
He referred to a conflict of land use between the campground and the proposed
subdivision; discussed the Special Area #31 Regional policy and indicated the need for
a noise study to determine adequate distance separators between the subdivision and the
campground; expressed concerns with respect to noise and smoke emitting from the
campfires; he suggested that consideration be given to the building of an earthen berm
with a masonry fence on top along the perimeter of the property; stated that height
limitations of the homes adjacent to the campground be looked into; suggested that a
warning clause be included in the deeds and offers of purchase and sale, indicating there
was a campground adjacent to the property.
Mr. Peter Grandoni indicated that he was not opposed to the proposed subdivision;
he questioned the sewage capacity for the subdivision and the storm water management
plan.
The Director of Municipal Works provided clarification on the issue of sewage
capacity and the storm water management plan.
Ms. Jean Grandoni questioned whether there was a sanitary sewer system overflow
from the Lundy's Lane system to Beaverdams Creek and was advised by the Director of
Municipal Works that the overflow from this development would be going through a
different pumping station
Mr. Muratori responded to questions raised and advised that sound and distance
mitigation measures had not been determined and that the developer had not yet met with
CNR Line representatives, but that proper measures would be addressed by the developer.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Orchard Grove West Draft Plan of Subdivision
closed.
ORDERED on the motion of Alderman Feren, seconded by Alderman Hendershot, that
the comments be referred to staff for review. Carried Unanimously.
PD- 2002 -16 Chief Administrative Officer Re: Application for Site Plan Approval;
SPC- 28/2001, Ritz Motel Limited; Proposed Embassy Suites Hotel. The report
recommends that Council endorse the proposed changes to the approved site plan for the
proposed Embassy Suites Hotel at 6740 Fallsview Boulevard, subject to the
recommendations of the Architectural Peer Review report and addressing the zoning
matters in this report.
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Communication No. 12 Niagara Parks Commission, Re: Embassy Suites Hotel, 6740
Fallsview Boulevard. The communication provides comments from the Peer Review
Panel with respect to the Ritz Hotel proposal.
His Worship Mayor Thomson received indication that Ms. Italia Gilberti was in
attendance on behalf of the applicant.
Ms. Gilberti requested that the condition referred to in the Recommendation Report,
under the Architectural Peer Review section, indicating "the actual samples of the
proposed metal and glass cladding be submitted for review to confirm acceptance of
colours" be deleted.
Following the discussion, it was ORDERED on the motion of Alderman Feren,
seconded by Alderman Pietrangelo, that the report be amended to indicate that the actual
samples of the proposed metal and glass cladding be submitted for information only. The
motion Carried with Alderman Volpatti abstaining from the vote on a conflict of interest
previously noted and with all others voting in favour.
PD- 2002 -11 Chief Administrative Officer Re: Request for Approval of Consulting
Services for the Sign By -law Review Study. The report recommends that Council
approve the hiring of the MBTW Group to undertake the Sign By -law Review Study and
authorize the expenditure of $39,100.00 for these consulting services.
ORDERED on the motion of Alderman Feren, seconded by Alderman Puttick, that the
matter be deferred for further discussions. Carried Unanimously.
CD- 2002 -03 Chief Administrative Officer Re: 2002 -03, Special Occasion Permits.
The report recommends that Council indicate it has no objection to the issuance of Special
Occasion Permits to the organization listed in this report.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
CD- 2002 -05 Chief Administrative Officer Re: Minutes of Council Meeting of August
11, 1997. The report recommends that Council authorize the amendment to the Minutes
of the August 11, 1997 Council Meeting as outlined in the report.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that
the report be received and adopted. Carried Unanimously.
RATIFICATION OF COMMITTEE -OF- THE -WHOLE
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot,
that the actions taken earlier, in Committee -of- the -Whole be approved:
That the City accept the offer of 527786 Ontario Limited O/A Metro Development
to purchase part of Lots 135 and 138 in the former Township of Stamford, now in
the City of Niagara Falls in the Regional Municipality of Niagara for $400,000.00;
That Letters of Credit from foreign banks, confirmed by Canadian Chartered Banks
not be accepted; and that Council confirm its decision to only accept Letters of
Credit from Canadian Chartered Banks and Credit Unions, as set out in the
Schedule to the By -law.
His Worship received indication that Mr. Peter Grandoni and Ms. Jean Grandoni
wished to speak to the matter dealing with the purchase of part lots 135 and 138.
Mr. Peter Grandoni referred to the land purchase and suggested that the woodlots
and the natural areas be preserved.
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The City Solicitor advised that the developer had acknowledged the presence of the
woodlot and would work with staff to that end.
Ms. Jean Grandoni expressed concerns regarding the preservation of threatened
woodlots; the public notification process and the sale price of the property.
The Deputy Director of Planning and Development stated that the Region had a tree
cutting by -law and advised that a tree management plan would be prepared before the
property was developed.
The City Solicitor provided clarification with respect to the public notification process
and the sale price of the property
Mr. Adrian Vanderweyden, 8676 Beaverdams Road, expressed concerns on the
public notification process and gave indication that he had an interest in purchasing Lots
135 138.
During the discussion, it was noted that the City had a current appraisal on the
property and that Council had accepted the offer to purchase.
The motion Carried with Aldermen Federow, Ioannoni and Wing voting contrary to the
motion to Item #1 and with all others voting in favour.
See By -law No. 2002 -32
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:
2002 -32 A by -law to authorize the acceptance of an Offer of 527786 Ontario Limited
O/A Metro Development to purchase part of Lots 135 and 138 in the former
Township of Stamford, now in the City of Niagara Falls in the Regional
Municipality of Niagara for $400,000.00.
2002 -33 A by -law to authorize monies for General Purposes (February 4, 2002).
2002 -34 A by -law to appoint the Fire Chief for the City of Niagara Falls.
2002 -35 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 4 day of February, 2002.
The motion Carried with Aldermen Federow, loannoni, Orr and Wing voting contrary to By-
law No. 2002 -32; and Alderman Feren abstaining from the vote on By -law No. 2002 -33 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:
2002 -32 A by -law to authorize the acceptance of an Offer of 527786 Ontario Limited
O/A Metro Development to purchase part of Lots 135 and 138 in the former
Township of Stamford, now in the City of Niagara Falls in the Regional
Municipality of Niagara for $400,000.00.
2002 -33 A by -law to authorize monies for General Purposes (February 4, 2002).
2002 -34 A by -law to appoint the Fire Chief for the City of Niagara Falls.
2002 -35 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 4 day of February, 2002.
The motion Carried with Aldermen Federow, loannoni, Orr and Wing voting contrary to By-
law No. 2002 -32; and Alderman Feren abstaining from the vote on By -law No. 2002 -33 on
conflicts of interest previously noted and with all others voting in favour.
Public Open House Session
Alderman Carolynn loannoni advised that the Public Open House Session to
discuss the Dorchester Road Environmental Assessment Study was being held at the
Optimist Hall on Dorchester Road on February 13, 2002.
Heritage Week
Alderman Janice Wing invited the community to attend the Heritage Week
celebrations being held at Niagara Square on February 9 and 10 2002 with the theme
being "Celebrating Our Industrial Heritage
Correspondence from "In Camera" Matter
Alderman Judy Orr referred to the "In Camera" matter from Corporate Services
Committee and enquired whether the correspondence was considered a public document.
Installation of Traffic Signals
Alderman Selina Volpatti referred to correspondence received from the Regional
Niagara, Public Works Department stating that the intersection of Thorold Stone Road at
St. James Avenue did not meet the requirements for a signal installation; but due to the
number of collisions between Dorchester Road and Drummond Road, that the installation
of a traffic signal at St. James Avenue would create gaps on Thorold Stone Road and
reduce the number of collisions from side streets and driveways.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that a
resolution be forwarded to the Region, requesting that a traffic signal be installed at St.
James Thorold Stone Road„ due to the inordinate number and to the severity of
accidents between Drummond and Dorchester Roads. Carried Unanimously.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
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NEW BUSINESS
The Director of Finance provided information and clarification on the matter.
DEAN IORItIDA, CITY CLERK WAYNE THOMS• MAYOR