2003/09/22Council met on Monday, September 22, 2003 at 5:30 p.m. in Committee -of-
the- Whole. All members of Council, with the exception of Alderman Federow who was
away on business and Alderman Wing, who was away due to illness, were present.
Alderman Selina Volpatti presided as Chairman.
Following consideration of the items presented, the Committee -of- the -Whole rose to
report in open session.
READ AND ADOPTED,
1
DEAN IOR' 'A, ITY CLERK WAYNE THOMSON, MAYOR
0 Canada
EIGHTEENTH MEETING
COMMITTEE -OF -THE -WHOLE
REGULAR MEETING
Committee Room #2
September 22, 2003
Council Chambers
September 22, 2003
Council met on Monday, September 22, 2003 at 6:00 for the purpose of
considering Regular business. All members of Council, with the exception of Alderman
Federow, who was away on business and Alderman Wing, who was away due to
illness, were present. Alderman Selina Volpatti offered the Opening Prayer.
Ms. Ashley Gallardi, a Grade 12 student at St. Paul's High School sang the
National Anthem.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Craitor indicated a pecuniary interest on Report CD- 2003 -19, and on
By -law No. 2003 -172, because he is involved with a group that operates bingos.
Alderman Volpatti indicated a pecuniary interest on the matter dealing with the
Grand Boulevard from the Community Services Committee meeting, because a family
member has a contractual relationship with the Niagara 21s Group which has properties
directly on the proposed Grand Boulevard.
Mayor Thomson indicated a pecuniary interest on Report MW- 2003 -170, from
the Community Services Committee meeting because a family member resides on
Kelly Street.
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PRESENTATIONS
Minor Bantam O.B.A. "AA" Championships
UNFINISHED BUSINESS
September 22, 2003 Council Minutes
His Worship Mayor Thomson presented plaques to the Niagara Falls Cytec
Falcons team on winning the Provincial Baseball Championships.
Report PD- 2003 -79 Chief Administrative Officer Re: Minor Change to Zoning
Approval and Cash -in -Lieu Agreement J. Roberto; 5709 Victoria Avenue. The
report recommends the following:
1. That Council pass a resolution that no further public notice of zone change is
necessary;
2. That Council authorize a cash -in -lieu agreement;
3. That Council direct staff to prepare terms of reference for a comprehensive
study of parking requirements in the tourist core.
-AND
RESOLUTION NO. 26 FEREN FISHER THAT Council hereby determines, in
accordance with Section 34(17) of the Planning Act, R.S.O., that the changes to the
proposed zoning by -law for application AM- 22/2003 (Jim Pattison Entertainment Ltd.)
regarding the provision of off -site parking spaces to accommodate a proposed
attraction (wax museum) are minor in nature and do not require any further notice.
AND the Seal of the Corporation be hereto affixed. Carried Unanimously.
His Worship Mayor Thomson received indication that Mr. Guy Ungaro, Solicitor
was in attendance on behalf of the applicant.
The City Solicitor advised that through discussions with the applicant there had
been a difference of opinion. It was agreed that there be a first payment of $12,000 in
lieu of parking, that a parking demand study priced at $10,000 be undertaken and one
parking spot be provided; however, the applicant wished to defer the parking demand
study to a later date and if the applicant decided to marry another lot he had to the
museum project he would be reimbursed the money he had already paid. The Solicitor
felt that the money to be paid to enter into the cash -in -lieu policy was the cost of doing
business and if the parking standard for museums changes at any time in the future
reducing demand, no monies would be reimbursed. The City Solicitor further advised
that a clause had been written into the agreement that the applicant could not challenge
the cash -in -lieu policy.
Mr. Guy Ungaro, Solicitor, advised that his client was requesting, based on the
Parking Demand Study, that an opportunity be provided to either go along with the
cash -in -lieu as required or to provide alternate parking on another piece of property
which has been purchased and would be suitable.
Following the discussion, it was ORDERED on the motion of Alderman
Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted
and further that if the applicant wished to marry another piece of property to the
museum to satisfy the parking requirements, that the amount of monies paid by the
applicant be reimbursed to him. Carried Unanimously.
Q.E.W. Highway 420
Takapeek -Thrift Shop
Cummington Square
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MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
His Worship Mayor Thomson advised that signage along the QEW and Highway
420 indicating McLeod Road as an alternate route to the Falls needed to be located
earlier along the Q.E.W. and that current signage was too late to avoid line ups.
ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that the
matter be referred to staff. Carried Unanimously.
Mayor Thomson referred to the Takapeek Thrift Shop on 4'" Avenue, an operation that
assists the needy in our community, and is looking to relocate to a bigger facility, due
to its' inability to accommodate all the items they have in stock. He requested that the
matter be referred to staff to see how the City can assist the organization in remaining
in the community.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Campbell, that
the matter be referred to staff. Carried Unanimously.
September 22, 2003 Council Minutes
His Worship Mayor Thomson and Alderman Shirley Fisher referred to the
damage being done to the monument in Cummington Square by the skateboarders.
It was suggested that staff and Legion 396 work together to see what can be done to
remedy the situation.
Following the discussion, it was ORDERED on the motion of Alderman Fisher,
seconded by Alderman Feren, that staff, in consultation with the Legion, look into the
matter of having appropriate barriers installed around the monument in Cummington
Square. Carried Unanimously.
COMMUNICATIONS
Communication No. 212 The Recycling Council of Ontario Re: Proclimation.
The communication requests that Council proclaim the week of October 20 26, 2003
as "Waste Reduction Week
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool,
that the request be supported. Carried Unanimously.
Communication No. 213 The Niagara Regional Police Services the Niagara
Region Police Association Re: 2005 Ontario Special Olympics Provincial
Summer Games/Track Field Event, Oakes Park. The communication requests that
the City partner with them in the 2005 Ontario Special Olympics Provincial Summer
Games.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool,
that the matter be referred to staff. Carried Unanimously.
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September 22.2003 Council Minutes
Communication No. 214 Petition from the residents on Claude Avenue, Hillcrest
Crescent and Portage Road. The petition expresses concerns regarding noise from
an adjacent business.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary-Pool,
that the matter be referred to staff. Carried Unanimously.
REPORTS
CD- 2003 -19 Chief Administrative Officer Re: Municipal Bingo Operations. The
report recommends the following:
1. That Council approve the proposed bingo market strategy;
2. That Council approve the revised municipal bingo policy;
3. That staff report to Council on the affect of these changes after a six -month
period.
-AND
Addendum to Report CD- 2003 -19 Municipal Bingo Operations.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti,
that the report be received and adopted. The motion Carried with Alderman Craitor
abstaining from the vote on a conflict of interest previously noted and with all others
voting in favour.
See By -law No. 2003 -172
-AND
Communication No. 215 Correspondence from Diane Cummings, Co- Chair, St.
Patrick's Parish Bingo Committee and Bingo Coordinator, Niagara Falls Sertoma.
The communication expresses appreciation to Mrs. Angela Duerksen for her clear and
concise manner in presenting the proposed bingo market strategy to the bingo groups.
Following the discussion, it was ORDERED on the motion of Alderman Craitor,
seconded by Alderman Volpatti, that a letter of congratulations be forwarded to Mrs.
Angela Duerkson. Carried Unanimously.
PD- 2003 -82 Chief Administrative Officer Re: Proposed Regional Policy
Amendment #183; "Places for People: Investing in Urban Communities" (Smart
Growth). The report recommends the following:
1. That this report be forwarded to the Regional Planning Department for review
and consideration;
2. That any further changes to Amendment #183 be forwarded to the City of
Niagara Falls for review prior to passing of the proposed amendment.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that the
report be received and adopted. Carried Unanimously.
R- 2003 -60 Chair, Trails Bikeway Committee Re: Actions Stemming from
Trails Bikeway Committee, Meeting of September 4, 2003. The report
recommends that City Council receive and file this report outlining the items dealt with
by the Trails Bikeway Committee at their meeting held September 4, 2003.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Feren, that
the report be received and filed. Carried Unanimously.
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September 22, 2003 Council Minutes
R 2003 61 Chair, Civic Committee Re: Niagara Falls Multicultural Festival. The
report recommends that Council support the Niagara Falls Multicultural Festival
scheduled for September 4,5 and 6, 2004.
ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that
the report be received and adopted. Carried Unanimously.
R- 2003 -63 Chief Administrative Officer Re: Heritage Community Recognition
Program. The report recommends that Council approve the nomination selected by
the Arts and Culture Commission for the Heritage Community Recognition Program and
that the nomination be forwarded to the Ontario Heritage Foundation.
ORDERED on the motion of Alderman Feren, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimously.
RATIFICATION OF THE COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman that the
actions taken in Community Services Committee, earlier this evening, be approved:
1. Adoption of the September 8, 2003 Community Services Committee minutes;
2. Grand Boulevard that the presentation regarding the Grand Boulevard be
received and filed Alderman Volpatti conflict;
3. MW- 2003 -169 Charnwood Avenue Sidewalk Construction Greenway Estates
Subdivision that no sidewalks be installed on Charnwood Avenue and staff to
investigate the possibility of retaining securities for a period of six months and
prepare a report regarding the installation of sidewalks in future subdivisions;
also, that Parking Traffic to review on street parking in Greenway Estates;
4. MW- 2003 -158 Dorchester Road Curbing between Thorold Stone Road and
Waterloo Drive that the installation of curbing on Dorchester Road be included
in the 2004 Budget Deliberations;
5. MW- 2003 -161 Street Light Pole Banner Request Vann Media that
installation of banners on the streetlight poles along Hiram Street to advertise
the opening of the New Aviary, be approved for a four -month period; also, no
other banner installations be considered until such time as a policy for the
placement of banners on Streetlight Poles within the Municipal right -of -way has
been approved- Alderman Feren conflict;
6. MW -2003- 170 Garner Estates Sidewalk Construction -that curb faced
sidewalks be installed but narrowed at where there are streetlights or hydro
kiosks- Alderman Pietrangelo and Mayor Thomson, conflict;
7. MW- 2003 -173 Thorold Townline Road, Partial Assumption that the City of
Niagara Falls assumes the easterly portion of Thorold Townline Road;
8. MW- 2003 -175 Request for Advertising Signs; Vann Media Inc., Municipal
Parking Lot #20 that the installation of a large billboard sign be approved for
a three year period advertising the New Aviary in Municipal Parking Lot #20;
also, no other installations be considered until such time as the policy for the
placement of advertising signs in Municipal Parking Lots has been approved
Alderman Feren conflict;
9. BBS- 2003 -09 Home Depot, 6940 Morrison Street, Sign Variance approve the
sign by -law variance for Home Depot, 6940 Morrison Street;
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September 22, 2003 Council Minutes
10. BBS- 2003 -10 5792 Stanley Avenue; Sign Variance (Stanley Avenue Ferry
Street) that the matter be deferred;
11. BBS- 2003 -11 Marks Work Warehouse, Morrison Street Sign Variance
approve the sign by -law variances for Mark Work Warehouse, 6777 Morrison
Street Alderman Feren conflict;
12. R- 2003 -58 Stamford Green Heritage Columbarium Proposal that staff
prepare a Management Agreement with the Old St. John's Stamford Heritage
Association for the maintenance, operation and administration of the Stamford
Green Heritage Columbarium;
RATIFICATION OF MUNICIPAL PARKING TRAFFIC COMMITTEE ACTIONS:
ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the
actions taken at the Municipal Parking Traffic Committee on September 16, 2003 be
approved:
MW- 2003 -174, Municipal Parking Traffic Committee Recommendations
September 16, 2003 Meeting. The report recommends the following:
1. MW- 2003 -47 Review of Extending Paid Parking Hours in the Downtown that
the report be received for the information of the Committee;
2. MW- 2003 -102 Queen Street Operations Review that the first metered
parking space on the south side of Queen Street immediately to the west of
Ontario Avenue be removed and a portable chicane be installed;
3. MW- 2003 -148 Ascot Circle Operations Review it is recommended:
a) that parking be restricted at all times on the north side of Ascot Circle
from a point 45m west of Sabine Drive (east intersection) and a point
125m west of Sabine Drive (east
b) that a stop sign be installed facing southbound motorists on Sabine Drive
at Ascot Circle (east intersection);
c) that a stop sign be installed facing southbound motorists on Sabine Drive
at Ascot Circle (west intersection);
4. MW- 2003 -151 Culp Street, Heavy Vehicle Restriction it is recommended:
a) that heavy vehicles, including buses, be prohibited on Culp Street
between Franklin Avenue and Drummond Road;
b) that the signs be augmented with "up to $5,000 fine" tabs;
5) MW- 2003 -163 Forsythe Street, Heavy Vehicle Restriction, it is recommended
that:
a) that heavy vehicles, including buses, be prohibited on Forsythe Street
between Stanley Avenue and Magdalen Street;
b) that the signs be augmented with "up to $5,000 fine" tabs;
6. MW- 2003 -162 Victoria Avenue at Simcoe Street, Removal of Traffic Control
Signals it is recommended:
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September 22, 2003 Council Minutes
a) that the traffic signals at the intersection of Victoria Avenue at Simcoe
Street are not removed;
b) that funding to upgrade the signals be included in the 2004 budget;
7. MW- 2003 -126 Cherryhill Drive at Cherrygrove Road, Intersection Control
Review that a stop sign not be installed facing eastbound motorists on
Cherryhill Drive at Cherrygrove Road;
8. MW- 2003 -122 High Street Operations Review it is recommended:
a) that a stop sign be installed facing eastbound motorists on High Street at
Leonard Avenue;
b) that permit parking control between the hours of 8:00 a.m. and 4:00 p.m.
be implemented on the north side of High Street from a point 24 metres
west of Leonard Avenue to a point 20 metres east of Highland Avenue;
that motorists be authorized to park on the grass boulevards on both
sides of High Street within the parking permit area;
9. MW -2003 -121 All -Way Stops Review City Wide that the report be referred
to the incoming committee for their review and action;
10. MW- 2003 -142 Designated Parking Spaces for Seniors that parking spaces
for Seniors are not designated within parking lots;
11. MW- 2003 160 -On- Street Pay Display Machines 5-year Implementation Plan
that the report be deferred to the October 21, 2003 Parking Traffic
Committee meeting following staff meeting with business areas.
Carried.
See By -law No. 2003 -167
See By -law No. 2003 -168
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.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the reports
on the Consent Agenda be approved:
1. F- 2003 -41 Municipal Performance Measurement Program- the report recommends for the
information
of Council and that the information be posted to the City's Internet site no later than September
30, 2003;
2. F- 2003 -42 Rebate Policy, Water and Sewer Consumption Rates that the Council approve a
policy to provide ratepayers an opportunity to receive a rebate on water and sewer consumption
rates in circumstances of abnormal consumption;
3. F- 2003 -43, Municipal Accounts that Council approve the municipal accounts totalling
$4,370,015.45 for the period ending September 22, 2003;
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September 22, 2003 Council Minutes
4. MW- 2003 -168, Consulting Servicing for the Drummond Road Watermain Design that in
accordance with the City's Consultant Selection Policy, it is recommended that the City of Niagara
Falls enter into a Consulting Services Agreement with Upper Canada Consultants for the
Drummond Road Watermain design for the upset limit of $8,470.00, excluding GST;
5. FS- 2003 -12, Municipal By -Law 80 -114, Designation of Required Fire Access Routes Inclusion
of Home Depot, 7190 Morrison Street; Owner: Home Depot of Canada Inc. -that Council approve
the request of MacNaughton Hermsen Britton Clarkson Planning Limited, on behalf of Home
Depot of Canada Inc., to designate the private roadways as a Fire Route;
6. FS- 2003 -13, Niagara 9 -1 -1- Emergency Response Telephone System Primary Agency Policy
Agreement that Council authorize the signing of the Primary Agency Policy Agreement to
facilitate the introduction of the "Hook Flash Process
7. FS- 2003 -15, Purchase of Thermal Imaging Camera that Council approve the purchase of a
thermal imaging camera for Fire Services emergency responses at a cost of $20,125.00;
8. FS- 2003 -16, Agreement with Old Acres Building Temporary Training Site for Niagara Falls Fire
Department, Vacant Building at 5259 Dorchester Rd. that Council authorize an agreement with
Bennett Jones Company of Toronto, subject to approval of City Solicitor, to permit the Niagara
Falls Fire Department to temporarily use the property and building at 5259 Dorchester Road,
Niagara Falls, Ontario for the training of its firefighters;
9. CD-2003-18, Special Occasion Permit -that Council indicate it has no objection to the issuance
of a Special Occasion Permit to the organization listed in this report;
10. CD- 2003 -20, Advance Polls 2003 Municipal Elections that Council pass a by -law appearing
on this evening's agenda;
11. CD- 2003 -21, Hours of Voting -that Council pass a By -law appearing on this evening's agenda;
12. L- 2003 -64, Lighthouse Niagara Resource Centre and the Corporation of the City of Niagara
Falls Decision of the Court of Appeal for Ontario for the information of Council
Carried
RESOLUTIONS
BY -LAWS
See By -law No. 2003 -170
See By -law No. 2003 -171
See By -law No. 2003 -173
NO. 27 FEREN PIETRANGELO 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 an accessibility bus in the
amount of $24,287.00.AND The Seal of the Corporation be hereto affixed. Carried
Unanimously.
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 -167 A by -law to amend By -law No. 89 -2000, being a by -law to regulate
parking and traffic on City Roads (Heavy Vehicle Restriction)
2003 -168 A by -law to amend By -law No. 89 -2000, being a by -law to regulate
parking and traffic on City Roads (Parking Prohibited, Stop Signs at
Intersections, Heavy Vehicle Restriction)
2003 -169 A by -law to amend By -law No. 79 -200, to legalize an existing tattoo
studio.(Re: AM- 28/2003, 6095 Fallsview Ave.)
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September 22, 2003 Council Minutes
2003 -170 A by -law to provide for advance voting prior to voting day for the 2003
Municipal Election.
2003 -171 A by -law to provide for hours of voting on election day and reduced hours
of voting in institutions and retirement homes.
2003 -172 A by -law to establish a Municipal Bingo Policy.
2003 -173 A by -law to authorize monies for General Purposes (September 22,
2003)
2003 -174 A by -law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 22n day of September, 2003.
The motion Carried with Alderman Craitor abstaining from the vote on By -law No. 2003-
172 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 -167 A by -law to amend By -law No. 89 -2000, being a by -law to regulate
parking and traffic on City Roads (Heavy Vehicle Restriction)
2003 -168 A by -law to amend By -law No. 89 -2000, being a by -law to regulate
parking and traffic on City Roads (Parking Prohibited, Stop Signs at
Intersections, Heavy Vehicle Restriction)
2003 169 A by -law to amend By -law No. 79 -200, to legalize an existing tattoo
studio.(Re: AM- 28/2003, 6095 FallsviewAve.)
2003 -170 A by -law to provide for advance voting prior to voting day for the 2003
Municipal Election.
2003 -171 A by -law to provide for hours of voting on election day and reduced hours
of voting in institutions and retirement homes.
2003 172 A by -law to establish a Municipal Bingo Policy.
2003 -173 A by -law to authorize monies for General Purposes (September 22,
2003)
2003 -174 A by -law to adopt, ratify and confirm the actions of City Council at its
meeting held on the 22n day of September, 2003.
The motion Carried with Alderman Craitor abstaining from the vote on By -law No. 2003-
172 on a conflict of interest previously noted and with all others voting in favour.
3 -Wav Stop
NEW BUSINESS
Alderman Victor Pietrangelo requested that staff investigate the installation of
a 3 -way stop at the corner of Marcon and Thistledown.
Fatima Court
Alderman Victor Pietrangelo was advised by the Director of Municipal Works
that a report was coming back to the October 6, 2003 Council Meeting.
Shuttle Service
His Worship Mayor Thomson provided clarification to Alderman Puttick's
enquiry with respect to discussions /arrangements regarding a shuttle service with the
Casino and the City's position on the matter.
Comments made in the Niagara Falls Review
Alderman Norm Puttick responded to comments made in the Niagara Falls
Review with respect to MPP's attendance at Council meetings.
Poor Boy Luncheon
Alderman Paisley Janvary-Pool advised that tickets were now available forthe
Poor Boy Luncheon being held on October 30, 2003 at the Optimist Hall in support of
the United Way.
Best Wishes
Alderman Paisley Janvary-Pool extended best wishes to Alderman Craitor and
to the other candidates in the upcoming October 2, 2003 Provincial election.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo,
that the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
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September 22, 2003 Council Minutes
DEAN IOR- DA, ITY CLERK WAYNE THOMSON, MAYOR