2003/06/02READ AND ADOPTE
R.O. KALLIO, ACTING CITY CLERK
National Anthem
Committee Room 2
June 2, 2003
Council met on Monday, June 2, 2003 at 5:00 p.m. in Committee -of- the Whole. All
members of Council, with the exception of Alderman Craitor, who was away at a
Conference; and Alderman loannoni, were present. Alderman Ken Feren presided as
Chairman.
Following consideration of the items presented, the Committee -of- the -Whole rose
to report in open session.
THIRTEENTH MEETING
COMMITTEE -OF -THE- WHOLE
REGULAR COUNCIL
ADOPTION OF MINUTES
WAY THOMSON, MAYOR
Council Chambers
June 2, 2003
Council met on Monday, June 2, 2003 at 6:00 p.m. for the purpose of considering
Regular Business matters. All members of Council, with the exception of Alderman Craitor,
who was away at a conference, were present. Alderman Victor Pietrangelo offered the
Opening Prayer.
Prior to dealing with further Council matters, Bryan Chalmers, a graduate from
Stamford Collegiate sang the National Anthem.
Alderman Wing requested that the Minutes of May 12, 2003 be amended to reflect
her conflict of interest on By -law No. 2003 -97.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
Minutes of May 12, 2003 be approved as amended. Carried Unanimously.
Rain Barrel Sale
DISCLOSURES OF PECUNIARY INTEREST
Alderman Federow indicated a pecuniary interest on Report F- 2003 -31, Cheque
Nos. 275673 and 275823, because he has an ongoing conflict with the Humane Society.
Alderman Feren indicated a pecuniary interest on Report No. F- 2003 -31, on
Cheque No. 275790 because his company is the recipient.
MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS
His Worship Mayor Thomson advised that rain barrels were still available to the
residents of Niagara Falls and could be picked up at the City's Service Centre, on Stanley
Avenue.
June 2, 2003 Council Minutes
Nurse Appreciation Day
His Worship Mayor Thomson advised that the Doctor Recruitment Committee had
prepared and delivered gift bags to 68 different locations for nurses in the community on
behalf of Nurse Appreciation Day and requested that a letter of appreciation be forwarded
to the Committee for all their efforts.
ORDERED on the motion of Alderman Janvary-Pool, seconded by Alderman Fisher,
that a letter of appreciation be forwarded to the Doctor Recruitment Committee for all their
efforts for Nurse Appreciation Day. Carried Unanimously.
Proposal for Mandatory Municipal Referenda
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that a
resolution be forwarded to Premier Eves, the Minister and the Associate Ministers of
Municipal Affairs and Housing and AMO, expressing Council's objections to the present
Government's platform on municipalities requiring a referendum before increasing property
taxes. Carried Unanimously.
The incarceration of criminals convicted of first degree murder in minimum security
facilities
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that Council
was in favour of the Municipality of Chatham Kent's Resolution opposed to criminals
convicted of first degree murder being incarcerated in Minimum Security Facilities and
requesting that immediate corrective action through changes to Corrections Policy be
taken. Carried Unanimously.
Reduction of Weeks
His Worship Mayor Thomson commented on the various events that have recently
affected the tourist industry and expressed concerns that seasonal employees may not be
called back early enough to attain the requisite hours for Employment Insurance during the
off season. He requested that a letter be forwarded to the Federal Government indicating
that due to the difficulties being experienced across the Province with respect to tourism
that they reduce the number of weeks required for unemployment insurance eligibility for
the winter months.
Mayor Thomson advised that meetings are being held with the Provincial and
Federal governments, the Bridge Commission, the Niagara Parks Commission and major
stakeholders to stimulate the balance of the tourist season and indicated that the Casino,
in conjunction with the Niagara Parks Commission, are looking at holding major concerts
during the summer.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that a letter
be forwarded to the Federal Government requesting that a reduced number of weeks be
required for Unemployment Insurance eligibility, due to the recent events affecting hiring
in the tourism industry. Carried Unanimously.
June 2, 2003 Council Minutes
UNFINISHED BUSINESS
MW- 2003 -103 Chief Administrative Officer Re: Grassybrook Road /Crowland
Avenue, Road Closure. The report recommends that the City of Niagara Falls proceeds
to stop and close portions of Grassy Brook Road and Crowland Avenue Road as set out
in recommendation in Report L- 2003 -33 subject to the additional considerations described
in this report.
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Communication No. 114 Mr. J. Ross Macfarlane, Flett Beccario, Barristers
Solicitors. The communication advises that Mr. Macfarlane would be in attendance at the
June 2 2003 Council meeting to address the issues.
Mr. Ross Macfarlane, Solicitor, was in attendance on behalf of the Grassybrook
Road /Crowland Avenue residents who have requested that the roads not be closed; he
stated that at the May 20 meeting held with the developer and several residents, none
of the residents' concerns were resolved. He advised that several residents present, had
participated actively in discussions and made suggestions as to ways that the developer
could go forward with a world class 5 -star golf resort and keep the roads open; he
expressed his opinion on the short notice given with regard to the meeting on May 20th
and the lack of conciliation on the part of the developer. He expressed concerns that the
traffic reports did not address the impact that these road closures would have on the
residents in the area; referred to the emergency services provisions; he urged Council not
to follow staffs recommendations because the issues of public interest had to be
considered at the time that the by -law was being considered and not at a later time through
a site planning process.
The Director of Municipal Works responded that the actual road closures would not
come into effect until the site plan had been approved and that the issues, as outlined,
would be dealt with during the site plan process.
The City Solicitor advised that the issue of the public interest is determined solely
by Council.
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COMMUNICATIONS
June 2, 2003 Council Minutes
Mr. Macfarlane advised that his clients wanted this development to proceed, were
interested in participating in the site plan process; and that a world -class resort with an
improved Crowland Avenue and Grassybrook Road would be of benefit to the residents
of Niagara Falls.
Mr. Colin Viger, who resides at the west end of the proposed development, advised
that he had no objections to the road closure.
Mr. Glen Schnaar, representative of the developer, discussed the proposed style
of the development which was to be 300 time -share units north of Grassybrook Road and
a 350 -room hotel /spa /conference centre /walking trails complex to the south; he indicated
that even if the roads were not closed, the development would still continue. Mr. Schnaar
referred to the traffic concerns of the residents and advised that berms could be
constructed to deal with the traffic issues and that the developer was willing to work with
the residents through the site planning process.
Mr. Bob Robinson expressed traffic concerns in the area; he also stated that the
the roads remain open with consideration being given to road improvements.
In response to concerns expressed, the Director of Municipal Works advised that
the actual road closure would not happen until the site plan agreement was signed and that
improvements to the road could be handled through payment of development charges and
various other funding sources.
Mr. Schnaar advised that the golf course would still be built in its present layout and
stated that it was necessary to try and tie -in the norther zone lands for the time share units
into all the facilities of the southern lands. He indicated that the request was more for the
resort development component than the golf course.
Following the discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Fisher, that the matter be deferred for further engineering
information. The motion was Lost.
Following further discussion, it was ORDERED on the motion of Alderman Feren,
seconded by Alderman Pietrangelo, that the request for Grassybrook Road and Crowland
Avenue road closure be denied. The motion Carried with Alderman Fisher voting contrary
to the motion and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the
communications be received and filed. Carried Unanimously.
Communication No. 116 -The Victoria Centre B.I.A. Re: Approval of the 2003
Budget. The communication requests that Council approve the Victoria Centre B.I.A.
2003 Budget.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that
the request be approved. Carried Unanimously.
Communication No. 117 Main Ferry B.I.A. Re: Approval of the 2003 Budget.
The communication requests that Council approve the Main Ferry B.I.A. 2003 Budget.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that
the request be approved. Carried Unanimously.
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REPORTS
June 2, 2003 Council Minutes
Communication No. 118 E -mail from Dale Morton Re: Proclamation. The
communication requests that Council proclaim June 3 2003 as "Nurse Appreciation
Day
ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that
the request be supported. Carried Unanimously.
Communication No. 119 The United Empire Loyalists' Association of Canada Re:
Proclamation. The communication requests that Council proclaim the week of June 15'"
to June 21' 2003 as "United Empire Loyalist Week" and further requesting that the
Loyalist flag be flown during that week at City Hall.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that
the request be supported. Carried Unanimously.
Communication No. 120 Indian and Northern Affairs Canada Re: Proclamation
The communication requests that Council proclaim June 21" 2003 as "National
Aboriginal Day a celebration that recognizes the historical and contemporary
contributions of Aboriginal peoples in Canada.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that
the request be supported. Carried Unanimously.
Communication No. 121 St. George Serbian Orthodox Church Congregation Re:
Proclamation. The communication requests that Council proclaim July 10'" 2003 as
"Nikola Tesla Day" in Niagara Falls.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Feren, that the
request be supported. Carried Unanimously.
Communication No. 122 Victoria Centre BIA Re: TODS Signage and the Victoria
Centre BIA's designation. The communication requests that consideration be given to
the Victoria Centre BIA having a separate designation in order to allow them to fully
perform in the best interest of their members and not be restricted by the actions of
another area.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary-Pool, that
the request be supported. Carried Unanimously.
RATIFICATION OF MUNICIPAL PARKING TRAFFIC COMMITTEE ACTIONS
MW- 2003 -99 Chairperson, Municipal Parking Traffic Committee Re: Municipal
Parking Traffic Committee Recommendations May 20, 2003 Meeting. The report
recommends the following:
1. MW- 2003 -87 Fourth Avenue Parking Review that parking be restricted at all
times on the west side of Fourth Avenue from a point 76 metres north of Hamilton
Street to a point 108 metres north of Hamilton Street;
2. MW- 2003 -83 Request for Taxi Stands Various Locations that the
recommendations outlined in Report number MW- 2003 -83, be received for
information and that staff meets with the Victoria /Centre BIAA and Niagara Transit
to obtain their comments on converting the two bus stop locations on Victoria
Avenue to taxi stands on a trial basis for the summer months.
ORDERED on the motion of Alderman Puttick, seconded Feren, that the report be
received and adopted. Carried Unanimously.
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June 2. 2003 Council Minutes
MW- 2003 -101 Chief Administrative Officer Fatima Court. The report recommends
that the City implement an "Adopt a Cul de Sac Program," in order to better maintain the
islands and cul de sacs throughout the City of Niagara Falls.
Mayor Thomson received indication that a number of residents wished to address
Council on the matter.
Mr. Frank Fera referred to the oversized cul -de -sac on Fatima Court and expressed
safety concerns for the children playing in the area, parking of cars, snow ploughing and
the lack of accessibility for emergency vehicles, especially during the winter months. He
requested that consideration be given to downsizing the cul -de -sac in order that the safety
concerns can be alleviated.
Mr. Don Sorley, 8126 Fatima Court, referred to the correspondence signed by the
5 residents whose homes abut the island objecting to its' removal; he expressed the
opinion that the reduction of the island would lead to a lack of defined traffic lanes; he
advised that the island reduces the speeding of cars and limits parking choices in the
area. He indicated that the island adds property value, provides a safe play environment
for the children in the area and that other residents did not want to see the island altered.
Mrs. Marianne Babel and Mr. Rob Babel, expressed concerns that emergency
vehicles are unable to access their residence during the winter and requested that the
island be downsized in order to accommodate the movement of two cars, snowploughs
and emergency vehicles.
in response to concerns expressed, the Director of Municipal Works commented
on the size and configuration of the cul -de -sac, the winter maintenance opera':ions, future
performance requirements for winter maintenance contractors and advised that the cost
of removing the island and putting asphalt back in would be approximately $5,000
$7,000.
Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo,
seconded by Alderman Fisher, that the matter be referred to staff to look into the issues
and report back to Council. Carried Unanimously.
MW- 2003 -104 Chief Administrative Officer Re: Weinbrenner Road Construction,
Cost Sharing and Design Details. The report recommends that the cost sharing
breakdown described in this report for the proposed construction of Weinbrenner Road
in conjunction with the development of the Williams Plan of Subdivision be approved.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Federow, 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. MW- 2003 -94, Chippawa Flood Relief Review Assessment;
2. MW- 2003 -95, Niagara Public Purchasing Committee 2003 -T -21, Granular Materials;
3. MW- 2003 -96, Contract 2003 -03, 2003 Asphalt Overlay Road Rehabilitation
Program;
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June 2, 2003 Council Minutes
4. MW- 2003 -97, Contract 2003 -08, Surface Treatment Program;
5. MW- 2003 -98, Appointment of Engineer, Under the Drainage Act and Enter Into a
Consulting Services Agreement with K. Smart Associates;
6. MW- 2003 -100, Amendments to Set Fines, Parking Meter Infractions, Queen Street
Main Street Areas;
7. R- 2003 -37, Patrick Cummings Memorial Sports Complex; Engineering Consultant
for the Park Master Plan and Traffic Study;
8. R- 2003 -38, Construction of a Skatepark at the site of the New Community Centre as
per Tender TR4 -2003;
9. R- 2003 -39, Kalar Park "Home for Girls Soccer" Contract for Supply Installation of
Electrical Materials (Phase 2);
10. R- 2003 -40, Summer Ice Schedule;
11. R- 2003 -41, Renovations to Washroom at Drummond Hill Cemetery, Tender Award
10 -2003;
12. F- 2003 -28, Review of Investment Policies;
13. F- 2003 -29, 2002 Investments Report;
14. F- 2003 -30, 2003 Reimbursable Kilometrage Rates;
15. F- 2003 -31, Municipal Accounts;
16. F- 2003 -32, Financing of Owner's Share of Local Improvements;
17. L- 2003 -38, Establish as a Public Highway, Part 3 on 59R- 12040; L.D.C. Consent File
B12/2003/NF (Kalar Road);
18. L- 2003 -39, Release of Restrictive Covenants; 4478 and 4490 Montrose Road;
19. L- 2003 -40, Establish as a Public Highway, Parts 2,4 and 5 on 59R -11962 as part of
Huron Street;
20. L- 2003 -41, Establish as a Public Highway, Part 5 on 59R -12056 as part of Kalar
Road.
The motion Carried with Aldermen Federow and Feren abstaining from Report F- 2003 -31
on conflicts of interest previously noted and with all others voting in favour.
RATIFICATION OF COMMITTEE -OF- THE -WHOLE MATTERS
ORDERED on the motion of Alderman Feren, seconded by Alderman Campbell, that the
following actions taken in Committee -of- the Whole, earlier this evening be approved:
1. That the Mayor and Clerk be authorized to execute the Minutes of Settlement in
accordance with the discussions at Committee -of- the -Whole regarding the Appeal
to the OMB dealing with the K. Dianne Chopp Appeal for a Proposed Bed
Breakfast;
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2. That the Mayor and Clerk be authorized to execute the Minutes of Settlement in
accordance with the discussions at Committee -of- the -Whole regarding the Appeal
to the OMB dealing with the Garner Estates Phase 4, River Realty Appeal;
3. That the resignation tendered by Alderman Selina Volpatti from the Board of
Directors with the YWCA be accepted.
The motion Carried. with Alderman Pietrangelo abstaining from the vote on a conflict of
Interest on the Garner Estates matter and with all others voting in favour.
RESOLUTIONS
June 2.2003 Council Minutes
NO. 17 JANVARY -POOL PIETRANGELO WHEREAS the Provincial government
introduced the Ontario Transit Renewal Program in 2002; and WHEREAS the program
creates a partnership that will assist municipalities in replacing and refurbishing existing
transit fleets; and WHEREAS Niagara Transit requires a bus replacement program for its
aging fleet; and WHEREAS the Corporation of the City of Niagara Falls is entitled to 1/2 of
replacement and refurbishment costs under the Ontario Transit Renewal Program. NOW
THEREFORE BE IT RESOLVED THAT pursuant to the Ontario Transit Renewal Program,
the Council of the Corporation of the City of Niagara Falls hereby requests payment of
renewal funds for a transit vehicle in the amount of $15,984.00. AND The Seal of the
Corporation be hereto affixed. Carried Unanimously
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 -102 A by -law to amend By -law No. 79 -200, to permit a single detached dwelling
to be used as a tourist home (Re: AM- 12/2003, Marcia Schwarz)
2003 -103 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City
employees, agents and third parties for the enforcement of provincial or
municipal by -laws.
2003 -104 A by -law to amend By -law No. 2000 -254, as amended, being a by -law to
establish rules and regulations for the City of Niagara Falls Municipal
Cemeteries.
2003 -105 A by -law to establish Part 5 on Reference Plan 59R -12056 as a public
highway, to be known as and to form part of Kalar Road.
2003 -106 A by -law to establish Parts 2,4 and 5 on Reference Plan 59R -11962 as a
public highway, to be known as and to form part of Huron Street.
2003 -107 A by -law to establish Part 3 on Reference Plan 59R -12040 as a public
highway, to be known as and to form part of Kalar Road.
2003 -108 A by -law to set and levy the rates of taxation for City purposes, for Regional
purposes, and for Education purposes for the year 2003.
2003 -109 A by -law to impose special rates to provide for the payment of the owner's
portion of the cost of certain local improvements.
2003 -110 A by -law to amend By -law No. 96 -50, being a by -law regulating parking and
traffic on City Roads. (Re: Report MW- 2003 -100)
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June 2, 2003 Council Minutes
2003 -111 A by -law to amend By -law No. 89 -2000, being a by -law regulating parking and
traffic on City roads. (Re: Report MW- 2003 -100)
2003 -112 A by -law to authorize monies for General Purposes (June 2, 2003)
2003 -113 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 2 day of June, 2003.
The motion Carried with Aldermen Federow and Feren abstaining from the vote on By -law
No. 2003 -112 and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Janvary-Pool,
that the following by -laws be now read a second and third time:
2003 -102 A by -law to amend By -law No. 79 -200, to permit a single detached dwelling
to be used as a tourist home (Re: AM- 12/2003, Marcia Schwarz)
2003 -103 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City
employees, agents and third parties for the enforcement of provincial or
municipal by -laws.
2003 -104 A by -law to amend By -law No. 2000 -254, as amended, being a by -law to
establish rules and regulations for the City of Niagara Falls Municipal
Cemeteries.
2003 -105 A by -law to establish Part 5 on Reference Plan 59R -12056 as a public
highway, to be known as and to form part of Kalar Road.
2003 -106 A by -law to establish Parts 2,4 and 5 on Reference Plan 59R -11962 as a
public highway, to be known as and to form part of Huron Street.
2003 -107 A by -law to establish Part 3 on Reference Plan 59R -12040 as a public
highway, to be known as and to form part of Kalar Road.
2003 -108 A by -law to set and levy the rates of taxation for City purposes, for Regional
purposes, and for Education purposes for the year 2003.
2003 -109 A by -law to impose special rates to provide for the payment of the owner's
portion of the cost of certain local improvements.
2003 -110 A by -law to amend By -law No. 96 -50, being a by -law regulating parking and
traffic on City Roads. (Re: Report MW- 2003 -100)
2003 -111 A by -law to amend By -law No. 89 -2000, being a by -law regulating parking and
traffic on City roads. (Re: Report MW- 2003 -100)
2003 -112 A by -law to authorize monies for General Purposes (June 2, 2003)
2003 -113 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 2 day of June, 2003.
The motion Carried with Aldermen Federow and Feren abstaining from the vote on By -law
No. 2003 -112 and with all others voting in favour.
Standing Water West Nile Virus
NEW BUSINESS
Alderman Victor Pietrangelo requested further information on the City's policies
regarding standing water/West Nile Virus and mosquitoes. He was advised by the Director
of Municipal Works that there is a protocol that has been established with respect to
standing water and that the City was working with the Health Department to monitor
mosquitos and standing water in rural areas.
Battle of the Bands Competition
Alderman Victor Pietrangelo requested that a letter of appreciation be forwarded to
the Mayor's Youth Advisory Committee, St. Michael's High School, the winner of the Battle
of the Bands competition and to all the individuals involved.
Alderman Carolynn loannoni referred to correspondence received from Timothy
Rodgers, on behalf of St. Michaels High School, enclosing a cheque in the amount of
$200.00 towards the skateboard park.
Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo,
seconded by Alderman Feren, that a letter of appreciation be forwarded to the Mayor's
Youth Advisory Committee; to St. Michael's High School, the winner of the Battle of the
Bands competition on May 30`", 2003 and to all those involved. Carried Unanimously.
June 2, 2003 Council Minutes
Signage on Main Lundy's Lane /Portage
ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that a letter
be forwarded to the Region requesting that the matter of directional signage to the
Coronation Centre, at the corner of Main Street and Lundy's Lane/ Ferry Street be
investigated. Carried Unanimously.
Alderman Art Federow
Alderman Art Federow expressed concerns with regard to a matter on his property.
In Praise of Staff
ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the
correspondence received from Mr. Jim Hill, praising staff for their articulate, intelligent and
professional presentations and responses during the recent May 12`", 2003 Council meeting
be provided to senior staff. Carried Unanimously.
READ AND ADOPTED,
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R.O. KALLIO, ACTING CITY CLERK
June 2, 2003 Council Minutes
Information for Council Packages
Alderman Wayne Campbell and Alderman Janice Wing discussed the volume of
paper required for the Council information packages and questioned whether there was a
way to reduce the volume through use of e-mail and the Internet.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the
meeting be adjourned. Carried Unanimously.
E THOMSON, MA