2002/02/11FIFTH MEETING
COMMITTEE -OF- THE -WHOLE
Committee Room 2
February 11, 2002
Council met on Monday, February 11, 2002 at 5:15 p.m. in Committee -of- the Whole.
All members of Council 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.
READ AND ADOPTED,
REGULAR MEETING
ADOPTION OF MINUTES
DISCLOSURES OF PECUNIARY INTERESTS
DEAN IOR,FIDA, CITY CLERK MAYOR WAYNE THOMSON
Council Chambers
February 11, 2002
Council met on Monday, February 11, 2002 at 6:00 p.m. for the purpose of
considering Regular Business matters. All members of Council, were present. Alderman
Art Federow offered the Opening Prayer.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot
that the Minutes of Regular Council Meeting of February 4, 2002 be adopted as printed.
Carried Unanimously.
Alderman Wing requested reconsideration of an In- Camera item from Corporate
Services Committee and Rated at Council on February 4, 2002.
ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that Council
reconsider an In- Camera item from Corporate Services Committee and Ratified at Council
on February 4, 2002. The motion was Defeated with Alderman Feren abstaining from the
vote on a conflict of interest; Alderman Fisher, Hendershot, Pietrangelo, Campbell, Craitor
and Volpatti voting contrary to the motion and Aldermen Federow, loannoni, Orr, Puttick
and Wing voting in favour.
Alderman Craitor indicated pecuniary interests from the February 4th meeting on
Report F- 2002 -12, Cheque Nos. 265243, 254414, 265270 and 265204, because a
member of his family is employed by the Region.
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Alderman Wing indicated her opposition to By -law No. 2002 -36 confirming her
actions in Corporate Services Committee on February 4 2002.
Alderman Craitor indicated pecuniary interests on Cheque No. 265562 and 265547
because a member of his family is employed by the Region, and indicated that he had no
conflict with Report CD- 2002 -07 because it pertained to lottery totals for the year and is
received as information.
Alderman Fisher indicated pecuniary interests on Report PD- 2002 -17 because her
son -in -law is employed by HOCO.
Alderman Feren indicated pecuniary interests on Cheque No. 265593 and 265579
because he is the recipient.
Aldermen Volpatti indicated a pecuniary interest on Report PD- 2002 -18 because her
daughter is employed by the Ritz Motel and declared a conflict on Cheque No. M93335
because the recipient is the Receiver General of Canada and pertains to the Railway
Corridor purchase.
Hydro Memorial
MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS
His Worship Mayor Thomson advised that there had been suggestions that pediatrics
would be removed from the Greater Niagara General Hospital by the Niagara Health
System. His Worship Mayor Thomson was assured by Mark Newman, Chair, Niagara
Health System that pediatrics will not be moving from the City of Niagara Falls. Despite
such assurances, His Worship Mayor Thomson revealed that the local, medical profession
has other concems about the future of hospital care in Niagara.
The Niagara Health System has a discussion paper on Strategic Planning for area
hospitals which it will be bringing to Regional Council. As a result, the Mayor's Office has
sent a formal invitation to Niagara Health System officials to address City Council. A
deputation at City Council will provide residents with the opportunity to hear, first hand,
what is happening with the medical and health services in Niagara Falls and the Region.
Concern was expressed about a Niagara Health System full page advertisement in the St.
Catharines Standard requesting feed back from the residents of St. Catharines with regard
to health changes. The deadline for input for this information, according to the
advertisement, is February 22n The same type of advertisement should appear in the
Niagara Falls Review for input from Niagara Falls residents.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti that
the Niagara Health System be informed that the time limit for public input is inappropriate
and requests an extension until such time that Council has had the opportunity to have a
direct discussion with them and the medical profession and that public input be afforded.
Carried Unanimously.
DEPUTATIONS
Mr. Rob Nicholson, provided information on the proposed Hydro Plaque to be
installed on the Haulage Road Trail which runs from Portage Road to Mountain Road. The
plaque would be in memory of Hydro workers who were instrumental in building the hydro
electric development in this area. He advised that fund raising has been very successful
and that just over $5, 500.00 has been raised to date and hope to have this effort
completed by June in raising the estimated $13,000.00. Also in attendance were Ron
Lowe and Rosemarie Clyde Caruthers
His Worship Mayor Thomson advised that the Niagara Parks Commission are
finalizing plans to re -open the Beck Plant for tours this summer and thanked Ron Lowe for
suggesting and lobbying for such tours.
Greater Niagara Transit Commission
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The Annual 2001 Financial Statements for the Greater Niagara Transit Commission and
Niagara Chair -A -Van were presented by Mr. Terry Librock, General Manager, and Bart
Mayes, Chair, Greater Niagara Transit Commission and other members of the
Commission; Tony DiGiacomo, Ted Saki and Ron Manche.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Orr that the report
be received for information. Carried Unanimously
COMMUNICATIONS
Communication No. 13 The Niagara Falls Fire Department Combat Team Re:
Firefighter Combat Challenge being hosted on June 22, 2002 at the Niagara Falls
Memorial Arena.
ORDERED on the motion of Alderman Feren, seconded by Alderman Hendershot that the
request for waiving of Arena fees for this competition be supported. Carried Unanimously.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell that
the minutes of the Community Services Committee meeting held on January 28, 2002 be
approved. Carried Unanimously
MW- 2002 -20 Chief Administrative Officer Re: Municipal Parking Tag Computer
Access Agreement, Ministry of Transportation. The report recommends that the
revised Authorized Requester Agreement with the Ministry of Transportation be approved
and further that the Mayor and Clerk be authorized to execute the said agreement.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo that the
report be received and adopted. Carried Unanimously.
F- 2002 -14 Chief Administrative Officer Re: Statement of Remuneration and
Expenses for Members of Council, Committee of Adjustment and Recreation
Commission. The report recommends that this be received for the information of City
Council.
Following a brief discussion it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Pietrangelo that a letter be written to Noel Buckley of Tourism
Niagara in an effort to pursue Conferences and Conventions to Niagara Falls as suggested
by Alderman Puttick. Carried Unanimously
F- 2002 -15 Chief Administrative Officer Re: Municipal Accounts. The report
recommends that City Council approve the municipal accounts totalling $1,206,931.37 for
the period ending February 11, 2002.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo that the
report be received and filed. The motion Carried with Aldermen Craitor, Feren and Volpatti
abstaining from the vote on conflicts of interest previously noted and with all others voting
in favour.
See By- 2002 -37
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PD 2002 17 Chief Administrative Officer Re: Jolley Cut Planning Design Study.
The report recommends that Council receive this report for information.
The Council was advised by staff that the Niagara Parks Commission will be funding 50%
of the cost of the study. The other half of the cost will be funded by Canadian Niagara
Hotels, HOCO and the Skylon property. The City will not be contributing to the cost of the
study.
The proposed sale of the Jolley Cut generated significant public and private input as
indicated by numerous letters received in the form of a petition with 5000 names.
ORDERED by Alderman Volpatti, seconded by Alderman loannoni that the public petition
of 5,000 names should be included on page 4 of the introduction, as a matter of record.
The Terms of Reference are to be amended by that and that the status quo be an option
for the Consultant preparing the study on the Jolley Cut. Carried Unanimously.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni that the
Terms of Reference be received, as amended. Carried Unanimously.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni that the
report be received and adopted. 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- 2002 -18 Chief Administrative Officer Re: Ritz Motel Limited; Partial Release of
Site Plan Agreement; 6700 Fallsview Boulevard; SPC- 33/99.
The report recommends that Council release Ritz Motel Limited, its successors and
assigns, from three site plan agreements dated January 14, 1997, July 22, 1998 and
January 24, 2000 for the property known as 6700 Fallsview Boulevard and designated as
Part 1 on Reference Plan 59R- 11398.
-AND
Communication No. 14 Broderick Partners Re: Niagara Falls Marriott Fallsview
Hotel, Site Plan Amendments. The communication requests release of the following
Agreements:
instrument No. 722608 registered March 26, 1977;
Instrument No. LT- 127030 registered September 2, 1998 and
instrument No. LT- 158272 registered May 31, 2000
from the lands described as Parcel 1 -3, Section 59 -1 (Embassy Suites Lands)
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Feren that the
release from partial agreement be supported. The motion Carried with Alderman Volpatti
abstaining from the vote on a conflict of interest previously noted and with all others voting
in favour.
CD- 2002 -06 Chief Administrative Officer Re Municipal Licensing. The report
recommends that Council receive the information pertaining to licensing of delivery
services.
After some discussion with respect to clarification of delivery services, it was ORDERED
on the motion of Alderman loannoni, seconded by Alderman Wing, that a report be brought
back to Council. Carried Unanimously.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the
Licensing report be received. Carried Unanimously.
CD- 2002 -07 Chief Administrative Officer Re: Bingo Lottery Totals for 2001. The
report recommends that this report be received for the information of Council
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher that the
report be received for information. Carried Unanimously.
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L- 2002 -13 Chief Administrative Officer Re: To authorize the Transfer to Abutting
Owners, for Nominal Consideration of Part of a Laneway Running from Buttrey
Street to Ferguson Street, between Dyson Avenue and Muir Avenue. The report
recommends:
1. That Council declare surplus that portion of the closed laneway running from Buttrey
Street and Ferguson Street between Dyson Avenue and Muir Avenue that still
remains in the name of the City.
2. That Council authorize the transfer to abutting owners, for nominal consideration
and at no cost to the City, of the westerly half of a laneway shown on Plan No. 997
running between Buttrey Street and Ferguson Street, located between Dyson
Avenue and Muir Avenue.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot that
the report be received and adopted. The motion Carried with Alderman Wing voting
contrary to the motion and with all others voting in favour.
L- 2002 -14 Chief Administration Officer Re: Authorization to proceed with the
closing of part of a laneway to the rear of 5061 to 5077 Centre Street. The report
recommends that Council authorize staff to proceed with the closing of part of a laneway
on Plan No. 291 lying to the rear of 5061 to 5077 Centre Street.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo that the
report be received and adopted. Carried Unanimously.
RATIFICATION OF THE COMMITTEE -OF -THE -WHOLE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Feren that the
actions taken in Committee of the Whole, earlier this evening, be approved:
The Chippawa Street End Leases:
That the City enter into the leases with the various lessees as set out in Schedules "A"
through "G"; Term of Lease 40 years commencing February 1, 2002; rent payable will be
reviewed every five years; Amendment to report that rent shall be calculated at $700.00
instead of $800.00 per linear foot and lessees to pay one -half of the survey cost."
Appendix "B" to provide for lump -sum payment
That the lessees be given the opportunity every five -year review to make a lump -sum
payment if they wish, and that they have the right to a lump -sum payment.
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:
2002 -36 A by -law to amend By -law No. 2000 -268, a by -law to regulate the supply of
water and to provide for the maintenance and management of the
waterworks and for the imposition and collection of water rates.
2002 -37 A by -law to authorize monies for General Purposes (Re: February 11., 2002).
2002 -38 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 11 day of February, 2002.
The motion Carried with Alderman Orr voting contrary to By -law No. 2002 -36; Aldermen
Craitor, Feren and Volpatti voting contrary to By -law No. 2002 -37; and Alderman Wing
opposed to By -law No. 2000 -36 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
following by -laws be now read a second and third time:
2002 -36 A by -law to amend By -law No. 2000 -268, a by -law to regulate the supply of
water and to provide for the maintenance and management of the
waterworks and for the imposition and collection of water rates.
2002 -37 A by -law to authorize monies for General Purposes (Re: February 11., 2002).
2002 -38 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 11 day of February, 2002.
The motion Carried with Alderman Orr voting contrary to By -law No. 2002 -36; Aldermen
Craitor, Feren and Volpatti voting contrary to By -law No. 2002 -37; and Alderman Wing
opposed to By -law No. 2000 -36 on conflicts of interest previously noted and with all others
voting in favour.
Alderman Puttick mentioned that at the first meeting of 2002, there was a report from Staff
regarding Crime Prevention and the Tourism Safety Conference. At that time there was
a motion by Alderman Hendershot, seconded by Alderman Campbell that the matter be
deferred for two weeks. He requested the disposition of the $20, 000.00 which was money
generated at the Conference by the sponsors for community policing.
ORDERED on a motion by Alderman Puttick, seconded by Alderman Campbell that the
report be brought to the Council meeting on February 18, 2002. Carried Unanimously
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the meeting be adjoumed. Carried Unanimously.
READ AND ADOPTED,
DEAN IORFILYA, CITY CLERK MAYOR WAYNE THOMSON
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NEW BUSINESS