2004/05/03READ AND ADOPTED,
DEAN IORF
TENTH MEETING
IN CAMERA SESSION
Committee Room #2
May 3, 2004
Council met on Monday, May 3, 2004 at 5:30 p.m. in an In Camera Session. All members
of Council, with the exception of Alderman Kerrio, who was away on business, were
present. Alderman Selina Volpatti presided as Chair.
Following consideration of the items presented, the In Camera session rose to
report in open session.
ITY CLERK R. T. (TED) SALCI, MAYOR
REGULAR MEETING
Council Chambers
May 3, 2004
Council met on Monday, May 3, 2004 at 7:15 p.m. for the purpose of considering
Regular Business matters. All members of Council, with the exception of Alderman Kerrio,
who was away on business, were present. Alderman Joyce Morocco offered the Opening
Prayer.
ADOPTION OF MINUTES
Alderman loannoni requested that the Minutes of April 19, 2004 be amended to
reflect that she had left the meeting following Planning Report PD- 2004 -38, due to illness.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that
the Minutes of April 19, 2004 be approved as amended. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Wing indicated a pecuniary interest on Report F- 2004 -31, Cheque No.
283829, because she is the recipient, on the Deputation dealing with the Flower and
Garden Show and on Report MW- 2004 -75 from the Community Services Committee
because she owns property with a Niagara Parks employee.
Alderman loannoni indicated a pecuniary interest on Report F- 2004 -31, Cheque No.
283352 because she is the recipient.
Alderman Morocco indicated a pecuniary interest on Report F- 2004 -31, Cheque
Nos. 283428; 283778, because the recipient is her contract place of employment; and
indicated a pecuniary interest on Cheque Nos. 283493 and 283628 because a member of
her family is the recipient.
Johnson Andrews
Taylor Beck
Tanner Ferguson
Alex Friesen
Riley Jakobschuk
Jesse Jukosky
Cameron McLean
David Neudorf
-2-
Alderman Campbell indicated a conflict of interest on Communication No. 61
because the Niagara District School Board of Niagara is his employer.
His Worship Mayor Salci indicated a pecuniary interest on Report F- 2004 -31, on
Cheque Nos. 283429; 283804 and 283805 because he is the recipient.
PRESENTATIONS
Niagara Falls "Front Row Snorts" Thunder Major Pee Wee AAA Team
His Worship Mayor Salci acknowledged and congratulated the following players, in
recognition of winning the All- Ontario Pee Wee AAA Hockey Championships, in Sudbury,
Ontario.
Jacob Noel
Trevor Parkes
Marcus Quinlin
Jared Saks
Nicholas Sanduleac
Aaron Sexton
Justin Shugg
Ryan Wiley
DEPUTATIONS
May 3, 2004 Council Minutes
Regional Water and Wastewater Treatment
His Worship Mayor Salci introduced the issue, indicated that money was owed to
the municipality because of an error in calculation and that a full report would come in the
future.
Mr. Chado Brcic, Director, Water Wastewater Services spoke to the issues
surrounding Regional Water and Wastewater Treatment error, which has resulted in over
billing the Municipality; he reviewed how the error occurred and when it was discovered
and what has been implemented upon discovering the error.
Mr. Shafee Bacchus, Commissioner of Corporate Services, Niagara Region,
responded to concerns and questions raised and advised that the Region would consider
all the options put before it by staff and that discussions would be held as to the manner
the payment would be made.
Following the presentation, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Campbell, that Council direct staff to negotiate with the Region to
be reimbursed the overpayment and any interest and the administration costs incurred by
the City related to this issue. Carried Unanimously.
Following further discussion, it was ORDERED on the motion of Alderman loannoni,
seconded by Alderman Wing, that staff bring back a report on the cost of a full value for
money audit and the information related to the value for money audit already collected by
the CAO. Carried Unanimously.
Family Literacy Event
-3-
Ms. Renni Piscitelli, Program Advisory Committee, promoted the first annual
Family Literacy event, being held at the Victoria Avenue Public Library on May 15, 2004.
Ms Donna Dalgleish, Ontario Early Years Centre, Niagara Falls Coordinator
provided information on the activities surrounding the event.
The Niagara Flower Garden Show
Ms. Wendy Chrystian, Provincial Administrator of Master Gardners and Ms.
June Streadwick, Coordinator, Master Gardners of Niagarawere unable to remain for
the meeting due to a previous commitment, but provided pamphlets concerning the garden
show being held on June 11, 12 and 13, 2004.
May 3, 2004 Council Minutes
Mayor's Youth Advisory Committee
Terry Kane, Chair of the Mayor's Youth Advisory Commiftee and Cara Hutton,
Vice Chair of the Mayor's Youth Advisory Commiftee provided information on the Battle
of the Bands event scheduled for May 13, 2004 at the Optimist Club, with proceeds going
toward the Skate Park.
Monteith Brown Planning Consultants
Todd Brown, Monteith Brown Planning Consultantsrovided an overview of the
Zoning By -law Review Project, the draft by -law and the proposed public consultation
process.
Following the presentation, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Pietrangelo, that the draft report be received for information and
the public consultation process commence. Carried Unanimously.
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
Letter of Condolence
His Worship Mayor Salci advised that a letter of condolence has been forwarded to
the family of the late Cheryl Anne Boyd, sister of Carrie Roseborough.
Thanks to Valleyway School
His Worship Mayor Salci advised that he had the opportunity to attend Valley Way
School and thanked the students for raising money to send educational materials to
Guatemala.
Maple Street Park
His Worship Mayor Salci referred to letters received from Grade 4 students
expressing their concerns regarding the conditions of Maple Street Park.
Various Meetings /Events
May 3, 2004 Council Minutes
His Worship Mayor Salci referred to the following meetings or events he attended:
a meeting on border and waterway security held by Regional Chair Peter Partington, the
Chamber of Commerce "Outstanding Business Achievement" awards; the St. Michael
Archangel Serbian Cultural Centre's 25` Anniversary and the 40 Anniversary of the
establishment of their Church and the Circle Trek Event. He also promoted the Niagara
Catholic School District Regional Historical Fair on May 5` 2004 at Balls Falls.
Railway Crossings
His Worship Mayor Salci referred to the conditions that exist on Stanley Avenue at
Church's Lane and Whirlpool Road and also the railway crossings at Kalar
Road /Beaverdams Road. He was advised by the Chief Administrative Officer that the
appropriate railway people had been contacted, and that they have acknowledged the
problems and have committed to addressing them.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that
a stern letter be forwarded to the railway company expressing concerns with respect to the
conditions of the railway crossings and that these matters be resolved as quickly as
possible. Carried Unanimously.
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
Communication No. 57 Memorandum from Kathy Powell Re: Proclamation
requesting that Council proclaim the month of May, 2004 as "Museums Month
ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the
request be approved. Carried Unanimously.
Communication No. 58 Bernadette Dalingwater, President, Cornelia de lange
Syndrome (CdLS) Canada Re: Proclamation requesting that Council proclaim May
8, 2004 as "CdLS Awareness Day
ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the
request be supported. Carried Unanimously.
Communication No. 59 Pat Hopkins, President, Fibromyalgia Niagara Association
Re: Proclamation requesting that Council proclaim May 12, 2004 as International
Fibromyalgia Awareness Day
ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the
request be supported. Carried Unanimously.
Communication No. 60 Willoughby Historical Society Re: Signage requesting that
Council consider having the two "Welcome to Willoughby" signs re- erected near Weaver
Road and Snyder Road, to celebrate Niagara Falls' 100" Anniversary.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the
matter be referred to staff. Carried Unanimously.
-5-
May 3, 2004 Council Minutes
Communication No. 61 Health and Safety Committee, Princess Margaret Public
School Re: Sidewalks requesting Council to investigate the matter of providing
sidewalks in certain areas near the school and an All -Way Stop at the corner of Carlton
Avenue and Culp Street.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the
matter be referred to staff. The motion Carried with Alderman Campbell abstaining from the
vote on a conflict of interest previously noted and with all others voting in favour.
Communication No. 62a) Correspondence from the National Amateur Baseball
Federation Re: Use of Baseball Diamonds- requesting that consideration be given for
use of the baseball diamonds at Oakes Park.
-AND
Communication No. 62b) Correspondence from the Director of Parks, Recreation
Culture.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the
matter be received and filed for information. Carried Unanimously.
Communication No. 63 Clifton Hill B.I.A. Re: 2004 Budget Board Membership
requesting that Council approve the Clifton Hill B.I.A. 2004 budget and requesting that
Council approve the Clifton Hill B.I.A. 2004 -2006 Board membership.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the
requests be approved. Carried Unanimously.
Communication No. 64a) Niagara Falls Downtown Board of Management Re: 2004
Budget requesting that Council approve the Niagara Falls Downtown Board of
Management 2004 budget.
-AND
64b) Memo from City Clerk Re: Downtown B.I.A.
64c) Correspondence from Mr. Carmen Tartaglia Re: Downtown Board of
Management, General Meeting and Election.
64d) Various supporting documentation.
ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that the
matter be deferred until the concerns expressed in Mr. Tartaglia's letter are addressed by
the Downtown B.I.A. The motion Carried with Aldermen Campbell, Morocco and Volpatti
voting contrary to the motion and with all others voting in favour.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Wing, that the
actions taken in Community Services Committee, earlier this evening, be approved:
1. Adoption of the minutes of the April 19, 2004 Community Services Committee
meeting;
2. MW- 2004 -51 Excess Load Moving Permit that Council adopt the
oversize /overweight local permit;
3. MW- 2004 -71 Chippawa Parkway, Large Motor Vehicles that the report be
received for the information of Council;
4. MW- 2004 -75 Outdoor Water Conservation Seminar that Council authorize staff
to proceed with the Outdoor Water Conservation and Healthy Lawn Seminar;
5. R- 2004 -24 Plaque to Commemorate the City's Centennial that Council approve
the use of the City Crest to commemorate the City's Centennial and that Council
members' names be added to the plaque;
-6-
6. R- 2004 -25, Inappropriate Behaviour in City Parks that the Mayor facilitate a
meeting with representatives of Niagara Regional Police, City and Regional Council
to discuss what action is required to improve the inappropriate behaviour in City
Parks and that CPTED audits be conducted at key parks;
7. R- 2004 -26, Actions Arising from Environmental Planning Greening Committee,
April 21, 2004 that Council support the planting of trees within the Greenway
Subdivision as outlined in the Report.
New Business
1. That staff review the speed limits on Kalar Road from Thorold Stone Road to
Beaverdams Road;
2. That the City oppose the liquor license for a proposed establishment at Murray Street
and Drummond Road.
Carried
Committee of Adjustment
REPORTS
May 3, 2004 Council Minutes
CD- 2004 -10 Chief Administrative Officer Re: 2004 Appointments. The report
recommends the following:
1. That Council adopt the recommendations in the Council Appointments Document;
2. That Council authorize staff to advertise to fill appointments;
3. That Council have staff further review the internal committees to refine
responsibilities, reporting relations and other issues.
ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that the
recommendations in the report be adopted. The motion was Defeated with the following
recorded vote:
NAYE: Aldermen Campbell; Diodati; Morocco; Pietrangelo and Volpatti
AYE: Aldermen loannoni; Wing and Mayor Salci.
Following some discussion, it was ORDERED on the motion of Alderman Volpatti,
seconded by Alderman Pietrangelo, to appoint 5 Citizens and 2 Council representatives to
the Committee of Adjustment. The motion Carried with Aldermen Wing and loannoni voting
contrary to the motion and with all others voting in favour.
It was moved by Alderman loannoni, seconded by Alderman Diodati, that approval
be granted to proceed past 11:00 p.m. Carried Unanimously.
a
Parking Traffic
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that
the composition of the Parking Traffic Committee remain in its present form. The motion
Carried with Aldermen Wing, Diodati and Volpatti voting contrary to the motion and with all
others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that
the Parking Traffic Committee matters be brought directly to the Community Services
Committee and not through a separate standing Committee of Council. Carried.
ORDERED on the motion of Alderman Wing, seconded by Alderman Pietrangelo, that the
balance of Report CD- 2004 -10 be approved. Carried Unanimously.
Alderman Wing vacated Council Chambers due to illness.
May 3, 2004 Council Minutes
FS 2004 10, CRTC Application for Access to 911 Database for Emergency
Notification. The report recommends that Council approve one of two options;
1. Become a party to the CRTC application with nominal financial support;
2. Send a letter of support for the CRTC application to Strathcona County ad the City
of Fort Saskatchewan, Alberta to allow municipalities access to the 911 database for
their communities for use in emergency notification.
AND
Resolution from the Town of Fort Erie Re: Emergency Planning, Targeted Telephone
Community Not System Petition CRTC to permit municipalities to access bell 911
database.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that
the report be received and adopted; and further that the Fort Erie resolution be approved.
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.
ORDERED on the motion of Alderman loannoni, seconded by Alderman Diodati, that
the reports on the Consent Agenda be approved.
1. CD- 2004 -09, Re: Photocopier for Print Shop that Council approve the acquisition of a
Konica CF 8050 digital colour photocopier for the Print Shop as supplied by Doering
Brown Corporation per Proposal #P14 2004;
2. F 2004 31, Re: Municipal Accounts that Council approve the municipal accounts totalling
$7,610,826.08 for the period ending May 3, 2004;
-8-
May 3, 2004 Council Minutes
3. L- 2004 -22 Re: Voth, Alvin Susan Assignment of Licence Agreement to Maurice
Muthiah Re: Permanently Closing Part of an Unopened Road Allowance between
Township Lot 5 and Gore Lot;
4. L 2004 23 Re: 1149962 Ontario Limited (Matovic) Re: Purchase from City, part of Falls
Industrial Park Amendment to Agreement of Purchase and Sale;
5. L- 2004 -24, Re: Various Street Ends and Road Allowance along the Welland River in
Chippawa to be permanently closed;
6. L- 2004 -26, Re: Maloney /Martens Agreement with the City Building Permit,
(Checkerboard Lot); Part 6 on Reference Plan 59R -2627, Miller Road;
7. MW- 2004 -73, Re: Niagara Public Purchasing Committee NP -03 -2004, Granular
Materials: that the supply of granular material be awarded to Lafarge Canada and Walker
Industries;
8. MW 2004 77 Re: Police Week 2004 May 10, 2004 May 15, 2004 that this report be
received for the information of Council;
9. R 2004 21 Re: The Chippawa Jr. "C" Hockey Club The Corporation of the City of
Niagara Falls Agreement that the Agreement between The Chippawa Jr. "C" Hockey Club
and the City be approved and that the Mayor and City Clerk be directed to sign the
agreement;
10. R 2004 22 Re: Cash in Lieu of Parkland Dedication that Council direct staff to
investigate the potential impacts of market value assessment for conveyance of parkland;
11. R 2004 23 Re: Bambi Neighbourhood Park Playspace Equipment Proposal P01 2004
that the proposal from Belair Recreational Products Inc., for the supply and installation of
new playspace equipment at Bambi Park, in the amount of $23,193.00 including taxes be
approved. Carried
RATIFICATION OF "IN CAMERA" ACTIONS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell,
that the actions taken in the In Camera session, earlier this evening be approved:
that up to $10,000 be given by way of a grant to the YWCA of St. Catharines to be
used as part of the due diligence process and emergency repairs to assist in the re-
establishing of the YWCA Culp Street Women's Emergency Hostel located on Culp
Street in the City of Niagara Falls. Carried Unanimously.
BY -LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that
leave be granted to introduce the By -laws and the By -laws be read a first time:
2004 -86 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads (Parking Prohibited, Parking Meter Zones).
2004 -87 A by -law to authorize the execution of a Services Agreement with Business
Education Council of Niagara respecting the City's participation in and
contribution to the project of creating and hosting a Niagara community
electronic portal.
2004 -88 A by -law to establish parts on various reference plans as public highways to
be known as and to form part of the highways as set out in Schedule "A"
attached hereto.
The motion
2004 -91 on
2004 -88
2004 -89
2004 -90
2004 -91
2004 -92
The motion
2004 -91 on
-9-
NEW BUSINESS
May 3, 2004 Council Minutes
2004 -89 A by -law to provide for the adoption and approval of an amendment to the
City of Niagara Falls Official Plan. (Re: AM- 30/2003)
2004 -90 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- 30/2003, Willi Helmut raxl)
2004 -91 A by -law to authorize monies for General Purposes (May 3, 2004)
2004 -92 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 3r day of May, 2004.
Carried with Aldermen loannoni, Morocco, Wing abstaining from By -law No.
conflicts of interest previously noted, and with all others voting in favour.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that
the following by -laws be now read a second and third time:
2004 -86 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads (Parking Prohibited, Parking Meter Zones).
2004 -87 A by -law to authorize the execution of a Services Agreement with Business
Education Council of Niagara respecting the City's participation in and
contribution to the project of creating and hosting a Niagara community
electronic portal.
A by -law to establish parts on various reference plans as public highways to
be known as and to form part of the highways as set out in Schedule "A"
attached hereto.
A by -law to provide for the adoption and approval of an amendment to the
City of Niagara Falls Official Plan. (Re: AM- 30/2003)
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- 30/2003, Willi Helmut raxl)
A by -law to authorize monies for General Purposes (May 3, 2004)
A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 3r day of May, 2004.
Carried with Aldermen loannoni, Morocco, Wing abstaining from By -law No.
conflicts of interest previously noted, and with all others voting in favour.
Changes to Signage
Alderman Joyce Morocco referred to suggested signage changes on Highway405
to redirect visitor traffic to exit onto the Parkway as opposed to Stanley Avenue. She
indicated that comments were due by May 15 2004.
ORDERED on the motion of Alderman Morocco, seconded by Alderman Volpatti, that the
matter be referred to staff. Carried Unanimously.
Special Budget Meeting
READ AND ADOPTED,
DEAN IOR
ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco, that the
budget meeting scheduled for May 4, 2004 be rescheduled to a date and time in which
COGECO was available to broadcast the proceedings. The motion was Defeated with the
following recorded vote:
NAYE: Aldermen Campbell; Diodati; Pietrangelo and Volpatti.
AYE: Aldermen loannoni; Morocco and Mayor Salci.
Council Meetings
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that
Council meetings should commence at 7 p.m. instead of 6 p.m. The motion was Defeated.
Provincial Taxation on Lottery Winnings
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that a
letter be forwarded to the Premier, endorsing the Fort Erie resolution opposing taxation on
gaming, lottery and bingo winnings and requesting public consultation on the issue. Carried
Unanimously.
Mav 3, 2004 Council Minutes
ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti, that the
meeting be adjourned. Carried Unanimously.
A, CITY CLERK R. T. (TED) SALCI, MAYOR