2003/04/07READ AND ADOPTED,
C I AOQ 4
DEAN IoR IDAACITY RK
NINTH MEETING
COMMITTEE -OF -THE -WHOLE
REGULAR MEETING
DISCLOSURES OF PECUNIARY INTEREST
Committee Room #2
April 7, 2003
Council met on Monday, April 7, 2003 at 5:45 p.m. in Committee -of- the Whole. All
members of Council, with the exception of Alderman Feren, were present. Alderman Art
Federow presided as Chairman.
Following consideration of the items presented, the Committee -of- the -Whole rose
to report in open session.
WAYNE THOMSON, MAYOR
Council Chambers
April 7, 2003
Council met on Monday, April 7, 2003 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 Selina Volpatti offered the Opening Prayer.
Prior to dealing with Regular Council matters, Brooke Bateman, a Grade 10
student from St. Michael's High School sang the National Anthem.
Alderman Campbell indicated a conflict of interest from the Community Services
Committee meeting on the matter dealing with the Armoury because he resides in the area;
and on the Deputation from Westlane High School and on Resolution No. 12 because he
is employed by the District School Board of Niagara;
Alderman Federow indicated pecuniary interests on Report L- 2003 -30 from the
March 31, 2003 Council meeting; and on Report F- 2003 -13, Cheque No. 274549 because
a member of his family is employed by the Niagara Catholic District School Board; and on
Cheque Nos. 274551 and 274685 because of his ongoing conflict with the Niagara Falls
Humane Society; and on Cheque No. 274649, because he was the recipient and on
Report PD- 2003 -41 from this evening's Council meeting, because he resides in the area.
Alderman Orr indicated a pecuniary interest from the Community Services
Committee meeting held on March 31, 2003, dealing with the Main Street Environmental
Assessment; and from the Community Services Committee meeting held earlier this
evening on the People Mover System presentation; and on Report MW- 2003 -66 and
Report MW- 2003 -76 because she is employed by the Casino.
-2- April 7, 2003 Council Minutes
Alderman Pietrangelo indicated a conflict of interest on Resolution No. 12 because
he is employed by the Niagara Catholic District School.
Alderman Wing indicated a conflict of interest on the People Mover System
presentation from Community Services Committee because she owns property with a
Parks employee.
Letters of Condolence
ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Fisher, that
a letter of condolence be forwarded to the family of the late Arthur Allister (Al) MacBain,
former Federal Member of Parliament and former City Alderman.
ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary-Pool, that a
letter of condolence be forwarded to the family of the late Steven Albert Fazakas, father
of City employee, Geri Fazakas. Carried Unanimously.
Outstanding Achievements
Saving of a Young Life
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
Fifty Years in the Radio Industry
The Mayor's Youth Advisory Committee
PRESENTATIONS
His Worship Mayor Thomson presented a token of appreciation to Greg Bailey,
former Manager for the Winter Festival of Lights for his outstanding achievements in the
event and tourism industry.
Masters Women's Curling National Champions
His Worship Mayor Thomson congratulated and presented a token of appreciation
to Gloria Sorley and her team of Jackie Lococo, Lynn Coul and Marg Newton, in
recognition of winning the National Masters Women's Curling Championship in Assiniboia,
Saskatchewan.
His Worship Mayor Thomson congratulated and presented a token of appreciation
to Vince Quaranta in recognition of his 50 years of service in the radio industry.
His Worship Mayor Thomson recognized and presented a token of appreciation to
Officer Greg Sunstrum for his quick thinking in the saving of 11 -month old Marissa Yerich
during a seizure.
DEPUTATIONS
Mr. Dan Costabile, Chair, Mayor's Youth Advisory Committee introduced the
the Committee and provided information on the City -wide Battle of the Bands event being
held on May 16, 2003, at the Optimist Club, with the proceeds being donated to the
skatepark initiative. He also provided information on the "Arrive Alive Drive" being held on
May 24`", 2003 and invited members of Council and the community to participate.
-3- April 7, 2003 Council Minutes
Following the presentation, Inspector Doug Kane was recognized for his work with
the Mayor's Youth Advisory Committee and for his invaluable contributions to the Parking
Traffic Committee. His Worship Mayor Thomson congratulated and wished Inspector
Kane much success in his new endeavours.
District School Board of Niagara
Mr. Mike Kelso, Vice Principal, Westlane High School, introduced students Greg
Waters and John Iliffe, who provided a brief outline of the programs and activities that
were being held at Westlane High School during Education Month; and Ms. Rita Deluca
Gates, Teacher, Kate S. Durdan Elementary School introduced student, Sylvia
Vrachimis, who also provided a brief summary of the students' activities in recognition of
Education Month.
Following the presentation, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Janvary-Pool, that Council endorses Education Month in the City
of Niagara Falls. The motion Carried with Aldermen Campbell, Federow and Pietrangelo
abstaining from the vote on conflicts of interest previously noted and with all others voting
in favour.
His Worship Mayor Thomson reminded members of Council of the need to speak
into the microphones in order that home viewers could hear the proceedings during the
Cogeco television broadcast.
COMMUNICATIONS
Communication No. 72 Autism Society Ontario, Niagara Region Chapter Re:
Proclamation. The communication requests that Council proclaim April 25, 2003 as
"Toonie for Autism Day
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the
request be supported and that the matter be referred to staff regarding donations on dress
down days. Carried Unanimously.
Communication No. 73 National Amateur Baseball Federation Re: Upgrading
Oakes Park Ball Diamond and the Chippawa Lions Field. The communication requests
that the City upgrade Oakes Park Ball Diamond and the Chippewa Lions Field to an
acceptable level of play for the 2003 upcoming "World Series Event
ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Pietrangelo,
that the matter be referred to staff and to the Recreation Commission. Carried
Unanimously.
Communication No. 74 Correspondence from Ms. Anna Lee Re: Letters to the
Editor, Niagara Falls Review, February 4, 2003.
ORDERED on the motion of Alderman loannoni, seconded by Alderman Fisher, that the
correspondence be received and filed for the information of Council. 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 March 31, 2003 Community Services Committee Minutes as
amended;
2. Information Presentation People Mover System that the information be received
and filed Alderman Wing, conflict;
-4- April 7, 2003 Council Minutes
3. MW 2003 66 Main Street Environmental Assessment that the Committee
authorizes staff to prepare and file the Environmental Study Report with Option 6
as the preferred alternative and that the City proceed as soon as possible in
reviewing Main Street from Stanley Avenue to Murray Street Alderman Orr,
conflict;
4. MW- 2003 -75 Main Street E.A. Lincoln Motor Inn that this report be received and
filed;
5. MW-2003- 76 Casino Road Environmental Assessment that the City supports the
establishment of an elevated walkway on Fallsview Boulevard between the
permanent Casino and existing hotels Alderman Orr, conflict;
6. Deputation Mr. Terry Welch of 5616 Leonard Avenue Sea Cadets that the City
take legal action to have property cleaned at 5616 Leonard Avenue Alderman
Campbell, conflict.
Carried
PD- 2003 -41 Chief Administrative Officer Re: Appeal to Zoning By -law No. 2003 -48,
AM- 17/2000, Miller Road Estates (North) Draft Plan of Subdivision. The report
recommends that Council reaffirm, through resolution, the passing of By -law 2003 -48.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the
report be received and adopted. The motion Carried with Alderman Federow abstaining
from the vote on a conflict of interest previously noted and with all others voting in favour.
See Resolution No. 11
See By -law No. 2003 -75
R- 2003 -22 Chief Administrative Officer Re: Terms of Reference, Armoury Advisory
Committee. The report recommends that the attached Terms of reference for the Armoury
Advisory Committee be approved.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that
the report be received and adopted. Carried Unanimously.
L- 2003 -24 Chief Administrative Officer Re: (Grand River Resort), Permanently
Closing of Roads part of Road Allowance between Lots 2 and 3 north of Biggar Road
and south of Grassybrook Road; Part of Crowland Road between Lots 4 and 5, north
of Biggar Road and south of Grassybrook Road; Part of Crowland Road between
Montrose Road and Morris Road. The report recommends the following:
1) That Staff be authorized to commence proceedings to permanently close parts of
the following roads:
a) Part of Road Allowance between Lots 2 and 3, north of Biggar Road and
south of Grassybrook Road, being approximately 3,600 feet in length, as set
out in Schedule "1" as Parcel A, attached to this report; (PIN 0061)
b) Part of Crowland road between Lots 4 5, north of Biggar Road and
south of Grassybrook Road, being approximately 2, 200 feet in length, as set
out, in Schedule "1" as Parcel B, attached to this report; (PIN 0057)
c) Part of Grassybrook Road between Lots 4 and 6, west of Crowland Road,
north of Biggar Road and south of the Welland River, being approximately
900 feet in length, as set out in Schedule "1" as Parcel C attached to this
report; (PIN 0069)
d) Part of Grassybrook Road between Lots 2 and 5, east of Crowland Road,
north of Biggar Road and south of the Welland River, being approximately
2,000 feet in length, as set out in Schedule "1" as Parcel D, attached to this
report (PIN 0067)
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF
COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE
REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE
REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY.
1. R- 2003 -23 Patrick Cummings Memorial Sports Complex Tree Removal.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that Report
R- 2003 -23 be withdrawn. Carried Unanimously.
2. MW- 2003 -72, Chippawa Swimming Pool Change Rooms; Tender #2 -2003.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report
be received and adopted. Carried Unanimously.
RATIFICATION OF COMMITTEE -OF- THE -WHOLE
5 April 7. 2003 Council Minutes
ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti, that the
actions taken in Committee -of- the Whole, earlier this evening be approved:
That Council approve the filling of the Parking Services Technician position. Carried
Unanimously.
RESOLUTIONS
NO. 11 PIETRANGELO FISHER RESOLVED THAT the Council of the Corporation of
the City of Niagara Falls reaffirms the passing of By -law 2003 -48, a by -law to provide zoning
regulations for the Miller Road Estates (North) draft plan of subdivision.
AND The Seal of the Corporation be hereto affixed. The motion Carried
NO. 12 PUTTICK IOANNONI BE IT RESOLVED THAT Premier Ernie Eves and
Minister of Community, Family and Children Services, Brenda Elliot, be called up to direct
resources to extending IBI funding to children of school age; and FURTHER BE IT
RESOLVED THAT the Provincial Government endeavour to provide IBI for the Ontario
children currently on lists waiting to receive this specialized treatment; and FINALLY BE IT
RESOLVED THAT specialized teachers and curriculum be provided to school children with
autism, similar to educational accommodation currently available to the deaf and blind. AND
The Seal of the Corporation be hereto affixed.
The motion Carried with Aldermen Campbell, Federow and Pietrangelo abstaining from the
vote on conflicts of interest previously noted and with all others voting in favour.
Following some discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman loannoni, that the resolution be forwarded to AMO and the Region.
The motion Carried with Aldermen Campbell, Federow and Pietrangelo abstaining from the
vote on conflicts of interest previously noted and with all others voting in favour.
Alderman Puttick requested that the Ontario Minister of Community Family
Children's Services (Brenda Elliott) be invited to attend a future Council meeting to address
the concerns and that staff provide a follow up in two months' time.
-6-
BY -LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher,
that leave be granted to introduce the following by -laws, and the by -laws be read a first
time:
2003 -75 A by -law to amend By -law No. 79 -200, to regulate the use and development
of a commercial property located on the north side of Thorold Stone Road,
east of Portage Road, and to repeal By -law No. 89 -17 which regulated, in
part, the development of the commercial property. (Re: AM- 41/2002)
2003 -76 A by -law to authorize the execution of a Subdivision Agreement with 488745
Ontario Limited respecting Brookfield Court Subdivision.
2003 -77 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 7`h day of April, 2003.
The motion Carried with Alderman Federow abstaining from the vote on By -law No. 2003 -75
on a conflict of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the
following by -laws be now read a second and third time:
2003 -75 A by -law to amend By -law No. 79 -200, to regulate the use and development
of a commercial property located on the north side of Thorold Stone Road,
east of Portage Road, and to repeal By -law No. 89 -17 which regulated, in
part, the development of the commercial property. (Re: AM- 41/2002)
2003 -76 A by -law to authorize the execution of a Subdivision Agreement with 488745
Ontario Limited respecting Brookfield Court Subdivision.
2003 -77 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 7 day of April, 2003.
The motion Carried with Alderman Federow abstaining from the vote on By -law No. 2003 -75
on a conflict of interest previously noted and with all others voting in favour.
Congratulations
Traffic Lights at Five Corners
NEW BUSINESS
Alderman Janice Wing referred to a recent news article in the Niagara Falls
Review dealing with 2 Casinos in Niagara Falls; she stated that she wished to provide
clarification on statements made in the paper and that the events were not as they had
been reported.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
a letter of congratulations be forwarded to Sara Snyder on a very successful "Skylon Stair
Climb for Cancer" event. Carried Unanimously.
April 7, 2003 Council Minutes
Alderman Norm Puttick enquired whether the area of 5 Corners /Stamford Centre
was now under the City's jurisdiction and when the matter of the wires that trigger the traffic
lights would be looked at. He was advised by the Director of Municipal Works that 5
Corners was still under Regional jurisdiction and that the Region had been contacted
regarding the problem.
-7- April 7. 2003 Council Minutes
Left-Hand turn off of the Rainbow Bridge
Alderman Norm Puttick requested that staff prepare a report on the possibility of
having a left-hand turn off of the Rainbow Bridge.
His Worship Mayor Thomson requested that the matter of having a right -hand turn
coming off Highway 420 and turning up Bender Hill also be re- examined.
The Director of Municipal Works advised that the road was under the Region's
jurisdiction with the MTO being a commenting authority, because it had a connection to an
International Border Crossing. He further advised that the Region, City and Niagara Bridge
Commission had made an application to the Federal Government for funding to carry out
a study in that area to look at the whole traffic issue on the Federal Government's program
dealing with International Border Crossings and advised that he would be following up with
the Region on that matter.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that
staff prepare a report on the possibility of having a left-hand turn off of the Rainbow Bridge
and further that the matter of having a right -hand turn coming off Highway 420 and turning
up Bender Hill also be re- examined. The motion Carried with Alderman Wing abstaining
from the vote on a conflict of interest because of the Niagara Parks Commission's
involvement.
Snowplowing /Sanding Procedures
Alderman Selina Volpatti requested some clarification with respect to the
snowplowing, sanding and salting procedures of City side streets during the recent ice
storm. The Director of Municipal Works provided information on the matter.
Club Italia Ladies Auxiliary
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
letter of appreciation be forwarded to Club Italia's Ladies Auxiliary in their successful
fundraising spaghetti dinner event on April 6 2003, held for the Hospital's Emergency
Department expansion. Carried Unanimously.
Extension of the 3- Bag Garbage Limit
Alderman Wayne Campbell referred to the recent ice storm which delayed the
garbage pickup and enquired whether the 3 -bag limit would be extended. Alderman Orr
advised that there would be a double pickup on April 11 2003.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that
the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
DEAN 10 ID CITY CLERK WAYNE THOMSON, MAYOR