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Minutes1983Council Chambers January 10, 1983 REGULAR~k~rlNG Council met on Monday, January 10, 1983, at 7:30 p.m., for the purpose of considering general business. All members of Council were present. His Worship, Mayor ThomsonpresidedasChairman. AldermanBaker offeredthe Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cunmings, seconded by Alderman Hinsperger, that the minutes of the meetings held on Deer 20, 1983, be adopted as printed. Carried Unanimously. PRESf~gTATION His Worship, Mayor Thcmscn presented a retirement watch to Mr. John Smyth, who retired as the City' s Purchasing Agent in Deer, 1982 after over twenty- seven years of service. DEPUTATIONS MR. C. MOGUIGAN - CONDITION OF AR~qAS Mr. C. McGuigan was grunted permission to address Council en the motion of Alderman Cummings, seconded by Alderman Kerrio. Mr. McGuigan expressed concern re~ardin9 the plt~abin9 work dune at ene of the Stamford Memorial Arena washrooms in particular with respect to the installatien of certain vents, drains und traps. Mr. McGuigan further stated that he had noticed two cross-connections, a type of installatien he felt should not be used under any circ~stances. Alderman Puttick suggested that Mr. McGuigan meet with staff at the Arena to inspect these particular installatiens, and determine what corrective measures were required. Mayor Thc~sen indicated that a report could then he prepared and suhnitted to Council cn the matter. At that time, Mr. McGuigan would he given a copy of the report and permitted to make any further cc~ments at the meeting. Following further c~,,,ent, it ~as moved by Alderman Puttick, seconded by Alderman Chees~en, that the Director of BUildings & Inspections and the Senior Plumbing Inspector met at the Stamford Memorial Arena with Mr. McGuigan to inspect the installations in question, and report back to City Council. Carried Unanimously. Mayor Th~L~on advised that Mr. Burger was unable to attend, and that the totter would be re-scheduled for the_rnext meeting. t~FINISHED BUSINESS NIAGARA P[2glNSLIA CONSERVATION ~RITY ]lVrZF/M %%~rEMSHED PIAN Report No. 805 - Chief Administrative Officer - The report recuL,,ends that after consideration of any public input and the report, that Council endorse an assemblage of ~aL.,~nts and forward them to the Niagara Peninsula Conservation Authority for consideration during preparation of the Interim Watershed Plan. In response to a question raised, Ma. Gayle Hall of the Authority advised that the Interim Watershed Plan is proposed to be suhnitted to the Minister of Natural Resources on June 15, 1983. The document will contain tentative programs and priorities and direction which should take place over the next five years. The plan is to be considered interim in nature,' and after June of 1983, the Authority ~ould be working towards a final doctFaent. Ms. Hall indicated that any individuals or organizations that du not agree with the Authority, would still have opportunity for further input after the interim ~ had been suh~itted to the Minister in June of 1983. ORD~D on the ~im of Alderman Cu~mings, seconded by Alderman Hinsperger, that the m~tter be referred back to staff to ua,[lle all ua,.,eats received and forward same to the Niagara Peninsula C~lservation Authority. Carried Unan~sly. ' -2- C~,e~unication No. i - Township of Wainfleet - Re.' N.P.CoA. Policy, Guidelines and procedures in Fill, Construction and Alteration to Water Regulations 220-81. The ca,,.,~/nication ccemends the Authority for the decisions taken by its executive ccnmlittee to amend its [olicy, guidelines and procedures in the fill construction and alteration to w~terways regulation 220-81- ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the c(rmunicaticn be received and filed. Carried Unanimously. ~ ~ ~T pRORI.EM - ~. JANIC~ ~ Rel~rt No. 7~ - C~nief A~istrative Officer - ~ne rol~x't provides infor~tion on the investigation c~rried c~t ~ry City staff with resl~ to ~le~t.s r~sed by ~[rs. J~ce ~ conce~g ~ and eats in ~ are~. OPJD~R~F~ On the n~ion of Alder~ C~ees~, s~-onded k~ Alde. r~ Ctn~gs, that a ~ of the rel~rt be sent ~ ~s. ~ to dete~e if F.he wishes ~ I~sue the netter fryer- Carried Uesly. I3OT 9, ~l~Yx-q I~STP~ P~ ~SION Re~x~r~ No. 1 - C~ief A~strat/ve Officer - ~ne ropofc {xm~ts on cx)nc~rns r~sd tyy Ei(~ Lndustries with resl~ to the 01~ration of Niag~ Forge on Lot 9, ~lls Industrial Park Ex~cea~sion, and ~ds that ~ies be for~dd to Nia~a Bbrge Inc., Uni~t~ Indus~iee C~da Inc., Niagara Die d the Niagara Falls ~siness & Industrial Or~ Aganc-y for in~e/cn. OPJ)~R{ED on the n~tion of AlderuBn Kerrio, s~ded by ~de~ F~ille, ~hat the ret~z~ be r~eived and d~ed. Carried U~ly- F~T .T .'~ ~TR.T. AT_, pARK Re~ort No. 2 - Chief Administrative Officer - The report reacmNends that Council endorse a program to ancouragu bettar '~ousekeeping" in the Falls Industrial Park and that the municipality delay in~ediate action in requiring compliance to outstana~ng paving and curbing covenants only; and that future deeds contain a provision that the Chief Administrative Officer and the Director of Buildings and Inspections be authorized to approve leases and sub-lees for tenants in nultiple occupancy buildings in the Falls Industrial Park and Extension- Mayor Thomson provided additional information in response to a number of questions raised by Alderman Baker Concerning requirements of the Municipality set OUt in deeds for lands purchased in the Falls Industrial Park and the Extension. ORDERED on the motion of Alderman Chessman, seconded by Alderman Ctmmlings. that the report be received and ad~pted. Carried Unanimously. ~ BY ~EGIONAL COUNCILLOR S~ATON - CHA~GE8 fOR SEWAGE FLOWS Regional Councillor W. Sineaton ~as granted permission to address O0uncil on the motion of Alderman Kerrio, seconded by Alderman Cummings. Councillor Sineaton reviewed in det~ 1 the m~tter of the sewage flow through the treatment plant and the fact the actual flow was considerably higher than the estimate Originally provided by the Region one y_~_~ earliar. This resulted in an additional cost to the City of approximately $465.000 over and above the original estimate. Further cceplicating the issue Was the fact a new meter was installed at the plant, causing the actual flow figurea to come into question. Councillor Sineaton referred to a recent decision by the City' s Finance C~(,,,~ttee to delay payment of the charges pe~a~-g further information, and u~ged Council to consider making the payment in order to avoid any interest penalties on the outstanding amo~%t. Councillor 8meaton cautioned Council against inc~rring the interest charges while the totter was being investigated. suggested that the account be paid, and that the Region be requested to determine the re(ms for the substantial inerease in the estimated flow figure.s. Considerable discussic~ took place on this matter, during which information was provided by Mayor Th.-~8on, the Director of Funicipal Works and the city Solieitor. At the conclusion of the discussion, no action was taken by C. ity · Council to reverse the decision of the Finance Committee. COM~t~ICATI~S No. 2 - Ontario Association of Certified Engineering Technicians and Technol iste- Re~ Resolutions by the 'Tc~n of Iroquois Fa~ls cn the ROll of requests ex]orsement of resolutions Calling for EEovisi(m in the ~ Ontar..'Lo -3- Professional Engineers Act to allcw qualified technicians and technologists to take res[onsibiity for their work, and requesting the Province to allow and encourage all CAAT programs for the training of engineering technicians and technologists to be accredited by OAC~'rr providing the programs met the national standards administered by O~j~'l'l'. ORDERED on the nution of Alderman Cun~nings, seconded by Alderman Hinsperger, that the c~nication be received and filed. Carried Unan]rously. No. 3 - Vincent G. Kerrio - Re.' Une,ployment Insurance Benefits. The c~,,.~nicaticn advises that the Province has entered into an agreement with the Federal Government cn a Canadian/Ontario Employment Develol~nent Progrange, and expresses the hope that uaerployment insurance benefits can be extended until the progranme can be put into effect. ORDERED on the nution of Alderman C~,~ldngs, seconded by Alderman Merrett, that the c<~,,,.,nication be received and filed. Carried Unanimously. No. 4 - Shaw Festival - Re.' Reduction in Support by the Ontario Arts Council. The c~,~l~nication requests that the City send a lettar to the Minister of Citizenship and Culture with copies to the Premier protesting the government's proposal to cut funding to the Ontario Arts Council by 15%. ORDERED on the rNDtiOn of Alderman Chessnan, seconded by Alderman Kerrio, that an appropriate letter be sent to the Province protesting the 15% funding reduction. Carried Unanimously. No. 5 - J.a~-Vee Waterbed Heaters Ltd. - Re= Stanley South Bus Route. The cQ~.,unicatxon requests that the City take acticn to have bus service restored. 6o the Stanley Avenue south area. ORDERED On the motion Of Alderman Cunmlings, seconded by Alderman Hinsperger, that the communication be referred to the Manager of Niagara Transit in order to resolve the problem, and if the matter cannot be resolved, that the Manager report bed to City Council. Carried Unanimously. No. 6 - Ontario Plumbing Inspectors Association - Re: Mr. Noel Dewnet. The conmunication advises that Mr. Noel Downer, Senior Plumbing Inspector for the City, was elected as Vice-President of the Ontario Plumbing Inspectors Association. ORDERED on the motion of Alderman Cunmdngs, seconded by Alderman Janvary, that the cu,~unication be received a~d filed, and congratulations extended to Mr. Dcwnar. Carried Unanimously. No. 7 - Welland Fire Department - Re= Phosgene Gas Leakage. The ~cation commends the Niagara Falls Fire Department for assistance extended in resolving a potentially dangerous situation during a ~hosgane gas leakage in Welland. ORDERED on the motion of Alderman Keighan, seconded by Alderman Janvary, that the o~.,unication be received and filed. and that the Fire Department be c(mmmnded. Carried Unanimously. No. 8 - Regional Municipality of Niagara - Re: Regional Niagara Industry and T~hour Adjustment Program Oa~,,Attee. The ea,.lunicaticn provides infollnation with respect to ~n~,[loyment and the Industry and Labour Adjustment ORDERED on the mot/on of Alderman Cunmdngs, seconded by Alderman Hinsperger, that She cu~a,unication be received and filed and copies sent to the Municipal Works Ccm~nittea and Jobs Creation Oa,~,~ttee for information. Carried Unanimously. . No. 9 - Ontario Association of Registered Nursing Assistants - Re: Registered Nursing Assistants Day. The cum~nication requests that May 13, 1983, be proclaimed as Registered Nursing Assistants Day in Niagara Falls. ORDERED on the motic~ of Alderman Ctmmdngs, seconded by Alderman Janvary, that the request be approved subject to established policy. Carried Unanimously, No. 10 - Federation of Canadian Municipalities - Re.' Request for Resolutions to be Considered at 1983 Annual Conference. The cul,,unication requests that the City submit resolutions on subjects of national municipal interest for debete at the 1983 annual ec~afereace. ORDERED on the .~ion of Alderman Janvary, sec~lded by Alderman Chessman, that staff prepare suitable resolutions to be presented to the Federation of Canadian Municipalities annual Conference. Carried Unanimously. No. 11 - Social PIannin Council - Re~ Psychiatric Facilities Study Report. The ~,l,Urd(mti(m outlines ~e reximendations of the Psychiatric Facilities Study Cu{sm[ttee on fund/n~, sul~Drt services, day care,~. fOllCW-U~ and housing needs of -4- mental health patients in Niagara Falls. ORDERED on the m3tion of Alderman Cunm~ngs, seconded by Alderman Orr, that the r~tter be deferred for two weeks to allow menbets of Council further time to study the Cc~ttee's rec(a,,aendations. Carried Unanimously. No. 12 - Niagara Falls Jaycees - Re: Jaycee Week. The cemunicaticn requests that the week of January 23 - 29, 1983, be declared as Jaycee Week. ORDERED on the motion of Alderman Keighan, seconded by AldelTaan Janvary, that the request be approved subject to established policy. Carried Unanimously. No. 3 - Chief Administrative Officer - Re: Operation of Refreshment Vehicles. The re~ort octrents on meetings held with local refreshment vehicle operators as a result of certain suggestions made by Mr. Bill Stewart of S.F.S. Catering Services Ltd. ORDERED on the motion of Ald~ Cuegs, seconded by Ald~ Hinsperger, that the report be received a~d filed, and staff continue to monitor the situation. Carried Unanimously. No. 4 - Recreation Oa~,fa ssion - Re: Carolyn Avenue Park. The report ~s approval of the park plan as the official plan for Carolyn Avenue Park. ORDERED On the motion Of Alderman Janvary, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 5 - Chief Administrative Officer - Re: FOrmation of Municipal Non-Profit COrporation. The report recu~Lends that three members of Council be named to serve as members of the proposed city of Niagara Falls Municipal Non-Profit Corporation- During consideration of this matter, it ~as requested by members of COuncil that meetings of the Municipal Non-Profit COr[oration be held durir~ evening hours. ORDERED on the motion Of Alderman Cuegs, seconded by Alderman Baker, that the report be received and adopted, and that Aldermen Coville, Hinsporger and Orr be appointed to the Municipal Non-Profit Corporation as Couacil represenstatives. Carried Unanimously. No. 6 - Chief Adaninistrative Officer - Re: Ministry of Municipal Affairs and Hcusing FOrun, January 30 - February 3, 1983. The report recumends that Council consider authorizing attendance at the subject fol~Fa by Council member(s) and/or staff. ORDERED on the motion of AIde Chessman, seconded by Alderman Hinsperger, that one member of Council and one member of staff be authorized to attena the FOrun. Carried Unanimously. ! . No. 7 - Chief Administrative Officer - Re: kM-21/82, J. Minniti, Proposed ~MX Track bet'~_---_n Beech~ucd and Townline Roads. The report recemmnds that Council c~nsider referring the subject develolaLent proposal to the Planning and DeveloEment Ccmm%tttes as requested by the applicant. ORDERED on the motion of Alderman Hinsperger, seccnded by Alderman Kerrio, that the matter be referred back to the Planning & DeveloFment C~.,,,utttee. Carried Unanimously. No. 8 - Chief Administrative Officer - Re: Exchange of Lands, Block "A", Plan M-52 and Lot 22, Plan 241. The report re(x~,l,~3~ds that Part 1 of the 1and owned by Mr. David Crelin, shown on Appendix "B" be exchanged for Part 2 owned by the City, and that since the exchange will be beneficial to' bgth the City and Mr. Crcnin, that the cost of preparation of the necessary reference plan end d~s be apportioned equally between the City and Mr. Cfa-da. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that the re~ort be received and. adopted. Carried Unani~msly. No. 9 - Chief Administrative Officer - Re~ Thorold' Townline Road Closing. The re~ort recemmnds passage of a by-law to authorize the closing of part of Thorold Tc~nline Road and the lsasa thereof to Walker Brothers Quarries Limited. O~D on the motion of Aldem~n Cu~, ~ by Alderman Kerrio, that the report be received ,and adopted. Carried Ummim~usly. See By-law 83-4 No. 10 - Chief Administrative Officer - Rel Pr~x~ed Sale of _Part of Grey Avenue. The report recemm~ that a narrow triangular-shaped strip of land shown on the survey plan, having a frontage of 'slightly over 6 feet on the south -5- side of Robinson Street, and c~tprising part of Grey Avenue according to Registered Plan No. 333, be closed by Judge's Order and conveyed to the adjacent land owner to the west for driveway purposes, subject to payrent of $200 to the City which represents the cost of preparing the legal doc~nents and the applicant securing ar~ absorbing the cost of a survey and reference plan for the subject property; and further, passage of the appropriate by-law and resolution authorizing the obtaining of the consent of the Minister of Municipal Affairs and Housing to the closing and application to a COunty COurt Judge for an Order closing part of Grey Avenue. ORDERED on the motion Of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution #1 See By-law 83-5 No. 11 - Chief Administrative Officer - Re: Hydrogeological Study, Mountain Road Sanitary Landfill Site. The report recc~r~_nds that the proposal submitted by Morrison Beatty Ltd. to undertake a hydrogeologicel study at the Mountain Road Sanitary Landfill Site, for $15,500, be accepted. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the report be received and adopted. The raption Carried With Aldernkln c~,.,angs abstaining on a conflict of interest, and all others voting in favour. No. 12 - Chief Administrative Officer - Re: Parisi's Inn - Ellen Avenue Parking lot. The report recc~mends that an appropriate agreenent be prepared between the City and Perisi's Inn for the leasing of a 12' strip owned by the City to this adjacent land use. ORDERED on the n~tion of Alderman Hinsperger, seconded by Alderman Currulings, that the report be received and adopted. Carried Unanimously. No. 13 - Chief Administrative Officer - Re: Parking cn North Street. The report rec~.~ends that parking be prohibited on the southerly side of North Street fr(~a its intersection With Main Street westerly across the frontage of 5916 North Street. ORDERED on the motion of Alderman Marrett, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 14 - Chief Administrative Officer - Re: Parking on Colberne Street. The report recur.lends that the traffic by-law be revised to provide for parking at the easterly end of Colborne Street. ORDERED on the motion of Alderman Chessman, seconded by Alderman Karrio, that the report be received and adopted. Carried Unanimously. No. 15 - Chief Administrative Officer - Re.' Municipal Accounts. The report rec~L'i,Bnde payment of the nunicipal accounts. Additional information was provided on Cheques #14288, #14912, #15504, #15523 and #15656 in response to questions raised. With resl~ct to Cheque #15556 for payment of repairs to the zamboni at the Niagara South Arena, both Aldermen Hinsperger and Puttick advised that the machine was still leaking. ORDERED On the motion Of Alderman Puttick, seconded by Alderman Chessman, that Cheque #15556 be held until the problem is corrected, at which time the account can be paid. Carried Unanimously. ORDERED On the motion of Alderran Chee~[~an, seconded by Alderman Somerville, that the report be received and adopted. The motion Carried with Aldermen Hiaspergar, Merrett and Puttick abstaining on a conflt'~interest on Cheques #14300, #15558, #14925 and #14905, and all others voting in fayour. No. 16 - Chief Administrative Officer - Re.' T~'c~orary BOrrowing for Currant Expenditures - 1983. nlhe report reea,~,ends passage Of a by-law to authorize the borrowing of $7,000,000 for current .eElP_nditures for the year 1983. Additional information was provided by the city Treasurer in response to questions raised by Aldermen Cunmtngs end Puttick. ORDERED On the E~-o~ion Of Alderman Hinsperger, seconded by Alderman Kerrio, that the report be received and edul~Led. Carried Unanimously. See By-law #83-1 No. 17 - Finance Cu~,,~ttee - Re, Finance C~L,~.[ttee Reports. The report recommends; i) That the following matters be received end filed - Eleven Month Stat~'(~nt Of Revenue and Expenditure, Workmen's C(m~0eneation Costs, Water and -6- Sewage Flows frcm the Regic~ of Niagara; 2) That Council approve a fee increase frcm $50 to $75 effective January l, 1983 for applications that come before the Cc~nittee of Adjustment and that no increase in member renuneration be granted; 3) That Council approve the write-off of tmcollectible business taxes~ 4) That Council approve the City taking a half page advertisement in the annual AtcFa Hockey Tournament Program at a cost of $75; 5) That Council approve a contribution of $100 tc~rards the Region Niagara Tourist Council 's prenotional magazine; 6) That Council approve the [eyment to various subcontractors and suppliers of interest, earned prior to distribution, cn the Fireball Renovation contract holdback; and 7) That Council approve an amendment to the existing agreement between the City of Niagara Falls and the Junic~ "B" Hockey Club to provide that the City collect the greater of 20% of gross gate receipts for each Junior "B" game Or $100 (previously $150). ORDERED on the motion of Alderman Hinspergar, seconded by Alderman Sceerville, that the report be received and adopted. The motion Carried with Aldermen Chee~nan, Cunmlings, Keighan and Orr voting contrary on the second rec~i(endation, and Alderman Orr voting contrary on the fourth and fifth reccrm~ndations- Verbal Report - Re: Molson's SIc-Pitch Tournament- Mayor Thc~son suggested that Council make a decision with respect to the City sponsoring the Molson's SloPitch Tournament for 1983. Several members of Council ccmnented c~ the advantages of having the tournament held locally - national coverage of the event, associated revenue generated for the tourist industry, etc. Reference was also made to the fact that staff had been able to reduce the original expense that would be home by the City for the event- ORDERED on the motion of Alderman Puttick, seconded kTf Alderman Cheesman, that Molsen's be invited to hold the 1983 SIc-Pitch Tournament in Niagara Falls, and further that the City express its appreciation to Malson's for giving Niagara Falls the ~rtunity to sponsor the Tournament. Carried Unanimously. No. 18 - Chief Administrative Officer - Re: Niagara Falls Arenas - Telephone Systems. The report provides information c~ the installatim and purchase Of teleghone equipment for the Niagara Falls Arenas. Mayor Thomson advised that the Chief Administrative Officer would be working with Bell Canada officials to resolve some of the problems with the syst~n. Alderman Cu~nings requested that the Chief Administrative Officer work with the Arenas Operations Comnittea on the matter. ORDERED on the motion of Aldem C~ulgs, seconded by Alderram1 Janvary, that the report be received and filed, and that the Chief Administrative Officer deal with Bell Canada officials, the Arena Operations Cxln~ittee and staff regarding problems with the eysten, and report back to City Council. The motion o~rried with Aldergen Hinsparger abstaining en a c~lflict of interest, and all others voting in fayour. No. 19 - Chief Administrative Officer - Re.' Demolition Tender 4190 Park Street. The report rM that Provincial Co~struction be awarded the contract for demolition of 4190 Park Street at a cost of $2,475.00. ORDERED on the motion of Alderman Ctm~ings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-laW #83-2 No. 20 - Chief Administrative Officer - Be.' Cash-in-Lien Agreement between the City and Hilltop Cabins Limited, 4967 Clifton Hill. The report recumre~ds passage of a by-law to authorize a cash-in-lieu of parking agreenent for the subject property. ORDERED on the motion of Alderman Marrett, seconded by Alderram Cummings, that the report be received and adopted. Carried UnantmDusly. See By-law #83-6 No. 21 - Chief Administrative Officer - Re~ R~raal Repairs - S%amford Memorial Arena. ~he report provides infozmatton on the ~,~dial repairs being made to · the Stamford Memorial Arena with respect to requirements of the Ministry of ORDERED on the motion of Alderm~n Cunm/ngs, seco~led b~ Alderman Kerrio, that the report be received and filed. Carried Unanimously. No. 22 - Mayor Th{mmon - Re: Canada Ontario EP1alo1~ent Develo[m~mt Program. The report reccmmends that the Region be requested to give ~he demolition of ~he -7- Portage Road Bridge over the HEPC Canal a high priority when making application to the Province for approval of projects under the subject program. ORDERED on the motion of Alderman Keighan, seconded by Alderman Merrett, that the report be received end adopted. Carried Unanimously. No. 23 - Chief Administrative Officer - Re: Municipal COuncillors Seminar 1983. The report recuL,Lends that members of COuncil indicate the number who would be interested in attending a seminar for municipal councillors to be held at Prudhul,~es Best Western ~btel, Vineland Station on March 10 and 11, 1983. ORDERED on the motion of Alderman Cu~mlings, seconded by Alderman Kerrio, that Aldermen Coville and Janvary be authorized to attend the seminar. Carried Unanimously. No. 24 - Chief Administrative Officer - Re: Niagara Falls Hydro - Proposed Capital Expenditure. The report teemmends that COuncil approve the request of Niagara Falls Hydro for the issuance Of $1,500,000 in debentures to finance the cost of construction of a new office and service centre. ORDERED On the notion Of Alderman Hinsperger, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 25 - City Clerk - Re.' Preparation of 1982 Voter' s List. The report provides information on the preparatic~ of the voters list for the 1982 municipal election. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the City Clerk's Department and Mr. M. Harris of the City's Printshop, be ~ c~,,~ended for their work in preparing the voters list. Carried Unanimously. No. 1 - BAKER - CHRF_c~N _ RE~DLVED that pursuant to subsection 3 of section 82 of the Registry Act, R.S.O. 1980, Chapter 445, as areended, the Minister of Municipal Affairs and Housing be requested to consent to an order being made amending the plan of subdivision registered in the Registry Office for the Registry Division of the COunty of Welland, now Niagara South on the 14th day of June, 1949 as Plan No. 46 for the City Of Niagara Falls, now kncwn as Plan No. 333 by permanently closing part of Grey Avenue as shown on the said plan; AND the Seal of the COrporation be hereto affixed. Carried Unanimously. ORDERED on the motion of Alderman Cheem~an, seconded by Alderman Merrett, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: .83-1 - A By-law to authorize the borr(~ing of $7,000,000.00 for current expenditures for the year 1983. 83-2 - A By-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) ~fimited for the demolition of a building. ~.83-3 -'A By-law to authorize an agreement with M~rgus Securities Limited. 83-4 - A By-law to authorize the closing of part of Thorold Townline Road and the lease thereof to Walker Brothers Quarries Limited. 83-._~5 - A By-law to authorize an application under the Registry Act for the closing of part of Grey Avenue c~ Registered Plan No. 46 now known as Plan No. 333 for the City of Niagara Falls. 83-6 - A By-law to authorize the execution of an agreement with Hilltop Cabins Limited respecting parking facilities. 83-7 - A By-law to provide monies for general purposes. Carried with Aldermen Hinsperger, Merrett and Puttick abstaining cm By-law 83-7, and all others rot/rig in fa your. -8- ORDERED on the nDtion of Alderman Mer~ett, seconded by Alderman Kerrio, that the following by-laws be now read a second and third time: 83-1 - A By-law to authorize the ~orrowing of $7,000,000.00 for currant expenditures for the year 1983. 83-2 - A By-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the demolition of a building. 83-3 - A By-law to authorize an agreemerle with Margus Securities Limited. 83-4 - A By-law to authorize the closing of part of Tnorold Townline Road and the lease thereof to Walker Brothers Quarries Limited. 83-5 - A By-law to authorize an application under the Registry Act for the closing of part of Grey Avenue on Registered Plan No. 46 nc~ known as Plan No. 333 for the City of Niagara Falls. 83-6 - A By-law to authorize the execution Of an agreement with Hilltop Cabins Limited respecting parking facilities. 83-7 - A By-law to provide monies for ganeral purposes. Carri~'with Aldermen Hinsperger, Merrett and Puttick abstaining (11 By-law 83-7, and all others voting in favour. ORIERED on the mDtion of Alderman Scmerville, seconded by Alderman Hinsperger, that a message of condolance be sent to former Alderman Don Dilts upon the passing of his nuLher. Carried Unanimously. No. 2 - PUTPICK - ~F~RR~AT - RESOLVED that whereas the harnessing of the Niagara River for hydrc~electric purposes has created a nulti-lateral problem for the City of Niagara Falls having its effects in both e~c and aesthetic spheres; AND WHERFAS the Chippaws-Queenston Power Canal displaces hundreds of acres of choice residential and industrial-cumercial lands, disfiguring and devaluating the area in ganeral and p~rticularly those properties along its antire nine mile AND WHEREAS apart fren a cost-sharing arrangement for the provision and replacement of certain bridges, the said agreerent being entered into in conjunction with arK] subsequant to the original construction of the Chippawa~]ueenston Power Canal in 1918, Ontario Hydro has no further obligation to participate in a sharing of the cost of structures required to bridge its facility requiring therefore that the ratepayers of the City of Niagara Falls must assu~e a cost which should be equitably berne by all consteerS of Ontario H~ro; AND M{RFAS the Goverrment of Canada and the Province of Ontario, through its Urban Transportation Assistance Program (U.T.A.P.) participate in cost-sharing arrangements whan structures are required to bridge railway facilities; NOW THEREFORE BE IT RESOLVED that the Government of the Province of Ontario request Ontario Hydro to participate in cost sharing agreements where structures are required by a local municipality to bridge facilities owned Or o~erated by Ontario Hydro; AND BE IT FJRTHER RESOLVED that a delegation of elected and ~t~ointed officials of the City of Niagara Falls be authorized to approach the Honk~able Robert Welch, Minister of Energy for the Province on this mattar; AND the Seal of the Corporation be hereto affixed. Carried Unanimously Alderman Keighan expressed an interest in being el0~ointed to the Finance 'Cu~,l.[ttee. Aldeninn Coville em~ressed an interest in servir~ on the Municipal ' Works. O~.,~ttee. __ -9- ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hinsperger, that Alderman Keighan be appointed to the Finance Cul,lattee. Carried Unardmously. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that Alderman Coville be appointed to the Municipal Works Oa,Bla ttee. Carried Unanimously. USE OF HYDRO IAND8 FOR RECRFATION PURPOSES It ~as moved by Alderman Merrett, seconded by Alderman Cheesman, that the Recreation C~i,~ssion be asked to further review the use of Hydro lands for recreational purposes. Carried Unanimously. ORDERED an the motion of Alderman Cumnings, seconded by Alderman Kerrio, that the meeting adjourn. Carried Unanimously. READ AND ADOFI'~ , ~ · &~&Aa · ~- ~ MAYOR WAYNE THOMSON ww ~ '% SIXTH MEETING Council Chambers January 17th, 1983 SPECIAL M~IIING Council met on Monday January 17th, 1983, following a General Committee session. All members of Council were present. His Worship, Mayor Thcmson presided as Chairman. RATIFICATION OF G~NTERAL CrI~/TPEE DECISIONS pRESF/~TATION BY MR. L. Z~LKIND - DOWNTOWN REDEVELOPMP=gT PROPOSAL ORDERED on the mDtion of Alderman Cheesm~n, seconded by Alderma~ Keighan, that the presentation of Mr. Lou Zalkind be referred to Patrician Land Corporation Ltd. for consideration end a report to Council as soon as possible. The nDtion Carried With the following vote: AYE: Aldermen Baker, Cheesman, Coville, Cunmlings, Hinsperger, Janvary, Keigheu], Kerrio, Merrett, Orr and Somerville. NAYE: Alderman Puttick. MR. ED BURGER - WATER RATES & WILLOW TREE ORDERED On the motion of Alderram1 Cheesman, seconded by Alderman PUttick, that the ~rater rates and willow tree concerns expressed by Mr. Burger be referred to staff for investigation and a report to Council. Carried Unanimously. (XI"~w_JNICATION No. 13 - Canadian Cancer Society - Re: Proclamation of January 23rd to 29th, 1983, as "National Non-Smoking Week". The cu~,lunicatien requests that the week of January 23 - 29, 1983, be proclaimed as "National Non-Smoking Week". ORDERED on the motien of Alderman Janvary, seconded by Alderman Keighan, that the request be approved subject to established policy. Carried Unanimously. No. 26 - Chief Administrative Officer - Re: Encroachment - Magdalen Street. The report recu,,~ends that the application for the passing of a by-law to permit the continuation of the encroachment of a bay Window of the Alamo Motel expansion, on the Magdalen Street road allf~ance be approved, and the by-law appearing en this agenda be given three readings. ORDERED on the r~Dtien of Alderman Cunmlings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unaninx3usly. See By-law No. 83-8 No. 27 - Chief Administrative Officer - Re: Closing and Sale of Part of the unopened Road Allowance Between Gore Lots 9 and 10 and Township Lot 8 for the former Township of Stamford. The report re~u~,~ends passage of a by-law to authorize the closing of part of the unopened road allowance between Gore Lots 9 and 10 and Township Lot 8, for the former Township of Stamford, and the conveyance thereof. ORDERED on the motion Of Alderman Orr, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-law No. 83-9 No. 28 - Chief Administrative officer - Re, Contract S.S. 1-83 - Storm Sewer Constructioa c~ Baldwin Avenue, ~elfest Avenue, & Lee Avenue in the Woodbine N.I.P. Area. The report rec~,~ends that the unit prices sukmitted by the low tendeter, Condotta & Fortuna Ltd., for Contract S.S. 1-83 be accepted by Counci 1. ORDERED on the nDtion of Alderman Keigban, seconded by Alderman Cummings, that the re~ort be received and adopted. Carried Unanimously. See Resolution #3 See By-law No. 8~-10 No. 29 - Municipal Works C~,,attee - Re[ Drainage Problem in Fruit of Orchard Park School - Dorchester Road. The report rec~L,~nds that the oa~struction of a 15" di~r~Ler and 12" diameter storm sewer to resolve the problem, both on Dorchester Road and c~ School property, be included in the 1983 Operating Bedget sub ect to Regicrel Municipality of Nia ying for 50% of the cost of the -2- ORDERED on the m3tio~ of Alderman Hinsperger, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 30 - Municipal Works Cc~ittee - Re: Ontario Good Roads ASsociation Annual Conference- The report recc~mends that: 1) three members of the Municipal Works be authorized to attend the Ontario Good Roads Association Convention; 2 ) Alderman N. Puttick be authorized to attend the entire O.G.R.A. Convention; and 3) as many members of Council as possible attend the one-day O.G.R.A. Seninar for Councillors on February 21st, 1983. ORDERED on the motio~ of Alderman Orr, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 31 - Municipal Works C~,~attee - Re.' Watercourse Maintenance in Rural Ares. The report recc~mBnds that minor watercourse maintenance WOrks in rural ares be undertaken under the Canads-Ontario En~loyment DeveloFmBnt program subject to.' 1) receipt Of written permission frc~ the landowners to enter upon the lands to undertake the WOrks; 2) receipt of a signed declaration fr~n the landowners releasing the City from future watercourse pm~ntenance obligations; and 3) receipt of Niagara peninsula Conservation Authority approval of the proposed WOrks. ORDERED on the nDtion of Alderman Scmerville, seconded by Aldermm~. Janva!~Y, · that the report be received and adopted. Carried Unanimously. No. 32 - Chief Administrative Officer - Re: Stamford Memorial Arena Roof - C.R.C.A. Grant. The report advises that an application has been made to the Ministry of Culture and Recreation for a grant of up to a maximum of 25% of consulting and constructira costs for the arena roof. ORDERED on the motion of Alderram1 Curenines, seconded by Alderman Hinsperger, that the report be received and filed. Carried U~ly. No. 3 - KEIGHAN - ~NGS - RESOLVED that the unit prices sukmitted by Condotta & FOrtuna Limited for storm sewer co~structic~ on Baldwin Avenue, Belfast Avenue and Lee Avenue in the Woodbine Neigh~ourhocd Improve~_nt Area, be accepted at the tendered price of $53,192.35; AND the Seal of the Corporation be hareto affixed. Carried Unanimously ORDERED on the motlos of Alderman Curm~ngs, seconded by Aldexman Orr, that leave be granted to introduce the following by-laws, and the by-laws be read a first No. 83-8 - A By-law to all~ the maintaining and using of a building which encroaches on Magdalen Street. No. 83-9 - A By-law to authorize the stopping up end closing of part of .the, road all(~ranes between Gore Lots 9 and 10, end Township Lot. 8 for,. the former Township Of Stamford and the sale and cc~veyance thereof- No. 83-10 - A By-law to authorize the executic~ of an agreement With Co~dotta & Fortuna Limited for storm sewer co~structien on Beldwin Avenue, Balfast Avenue and Lee Avenue in the WooJ~ine Neighbourho0d Inprovement Area- . No. 83-11 - A By-law to authorize an exchange of lands With David Crcain. Called Unanisously ORDERED en the a,~io~ of Alderman Cunmings, seconded by Alderman Hinsperger, that the following by-laws be now read a secc~d end third t/me~ No. 83-8 - A By-law to all~ the meintaining and using of a building which e~croaches on Magdalen Street. 83-9 - A By-Xaw to authorize the sto~ln~ up and clceing of part of the road alliance betwean Gore Lots 9 and 10, and Township Lot 8 for the forrest Township of Stamford and the sale and _cc~v. eyance thereof. No. 8340 - A By-Xaw to authorize the exe~tion of an agreement With ccrrlotta & Fortuna Limited for atom sewer ccetructim m Baldwin Avenue, Belfast Avenue and ~ee Avenue in the Woodbine Neighboufhuod Inprovement Area. -3- No. 83-11 - A By-law to authorize an exchange of lands with David Cronin. Carried Unanimmusly BUSINESS JUNIOR "A" HOCKEY FRANCHISE Alderman C~lut~ngs advised that he had recently been contacted by the owners of an existing Junior "A" Hockey team who are interested in selling the franchise if people in the City of Niagara Falls Were interested in a ccxwnitment to purchase the team. He further advised that the City was acting as a "go-between" to find a number of people who WOuld be involved with a shareholder set-up. Alderman Cummings announced that a public meeting was scheduled for Thursday February 3rd, 1983, in the Blue Line Roan, Niagara Falls Arena, at 7:00 p.m. He requested the support and participation of interested citizens. COUNCIL CHAMBERS, CITY HALL - ACOUSTICS Alderman Janvary initiated a discussion regarding the acoustices in the Council Chambers and the arrangement of the aldermanic chairs. Mayor Thc~son suggested that proper use of the sound equil~nent fight alleviate any difficulty being encountered. The Chief Administrative Officer advised that the equilm~nt WOuld be checked in order to ensure that it was in proper WOrking order. ADVERTIS~qT - ~ I-I)LND EXv~%OYEE Alderman Puttick referred to a recent advertisement in the local newspaper requesting applicatio~s for a Lead Hand person for maintenance at City Hall end other City-owned buildings. He expressed the view that an elployee frc~a another department of the City might be eligible for the position advertised. A discussion followed regarding the procedure which should be followed in ~ an appointment of this kind. Mayor Thceso~ discussed the circumstances of the open position and stated that a recuL.,endation had been made by the Finance C~a, LHttee for the replacement. Ha further stated that an employee had been doing the job for six to eight months end expressed the opinion that this : employee should not have been overlooked. However, there had not been ccaplete · agreement that the requirements were being met. Mayor Thcmson advised that an f advertisement in the paper was premature, prior to consideratic~% by Council since a discussion had been held by the Finance Co~uittee. 'The Chief Administrative Officer stated that under the terms of reference it had been considered unnecessary to refer the matter to Council. He suggeetad that the item be referred beck to the Finance C~aa,4ttes for further coasidera. tion. Alderman Cheesman advised that the intent had been to increase the capabilities of the employee in the Lead Hand position. It w~s m3ved by Alderman Marteft, secoaded by Alderm~n Cunmings, that the meeting adjourn. Carried Unanimously. SEV~NI~ Fa~TING Ctm~ittee Room #1 January 24, 1983 COMMITTEE OF THE W~OLE Council met on Monday, January 24, 1983, in Cceuittee of the Whole. All menbears of Council were present. Alderman Janvary presided as Chairman. Followin9 consideraticq of the items presented, the Cc~nittee of the Whole arose without reporting. Council Chambers January 24, 1983 Council met on Monday, January 24, 1983 at 7:30 p.m. for the purpose of considering general business. All re~abers of Council were present. His Worship, Mayor Thomson presided as Chairman. Alderman Janvary offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cumings, seconded by Alderman Hinsperger, that the minutes of the meetings of January 10th and January 17th, 1983, be adopted as printed. Carried Unanimously. NIAGARA TRANSIT - 1982 STAT~qNT OF AFFAIRS Ccrmunication No. 14 - Niagara Transit - The c~,,,unication provides information on the activities of the Co~missio~ for the year 1982, as well as financial statements for that period. Mr. G. Mowers, Chairman of the C~,,,~seion provided additional information in response to a nunher of questions raised. ORDERED On the motion of Alderman Cu~uings, secoaded by Alderman Orr, that the infoh~ution be noted, and the cfa,~,unication received and filed. Carried Unanimously. ·... ~ CX~AIR-A-VAN - 1982 STATEM~qT O~ AFFAIRS C~at,,unication No. 15 - Nia era Chair-A-Van - The ommunication provides infor~etio~ c~ the activit~e~~ of Niagara Chair-A-Van for the year 1982, as well as financial statements for that period. ORDERED On the motion of Alde~n Ckmmnings, seconded by Alderman Orr, that the informati(m be noted, and the c~,~unicati~ received and filed. Carried unanimously. PSYCHIATRIC FACILITIES STUDY REPORT Communication No. 11 ~ Social Planning Council - The cc~munication outlines certain recu{,~endatic~s fcr various goven~Lent agencies, organizations and the media with respect to the provisic~ ~f psychiatric care and facilities in Niagara Falls. During o0nsideration of this n~tter, concern was expressed by several nmmbers of Council concerning the lack of Provincial funding for the provision of adequate psychiatric care and facilities in the City. Additiorml information was provided by a representative of the Social -2- agencies and organizations for cc~m~_nt, and further that the report 'be referred to staff for the preparation of a report ooncerning the reccer~ndations directed to~irds the City. Carried Unanimously. pRIVATE BILL RESPECTING THE pROHIBITION OF LEG-HOLD TRAPS, KILI,RR TRAPS OR Report NO. 33 - Chief Administrative Officer - The report reccrmends approval of a draft Private Bill respecting the prohibition of leg-hold traps, killer traps or snares in the City of Niagara Falls. Alderman Coville expressed concern that this type of legislation would prevent farmers from using traps on their lend. It was explained that the legislation would not prevent the use of all traps, only the types of traps specifically referred to in the bill. Mr. R. Green of the Niagara Frontier Humane SOciety advised that the intent of the legislation was to prcmote the use of more humane traps. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Aldemran Coville voting contrary, and all others voting in fayour. ~C~TIONS No. 16 - Association of Municipalities of Ontario - Re: 1983 Membership Fee. The cu,,'Lunication advises that the 1983 membership fee for the City will be $2,969.20. ORDERED On the m~tion Of Alderman Cheeknan, seconded by Alderman Baker, that staff be authorized to remit the 1983 fee to the AssOciation of Municipslitiee of Ontario.' Carried Unanimously. No. 17 - Niagara Symphony Association - Re: Request for Grant. 'The c~,,munication requests a grant in the amount of $3,000. Alderman Cunm~ings requested that when the matter w~s considered during budget discussions, information be provided by the Recreation C~ssion concerning the Cu,,u~ssion's grant to the Association. ORDERED on the re~tion of Alde~n Hinsperger, sefxlnded by Alderman Keighan, that the ou,~Lunication be referred to the 1983 budget discussions. Carried Unanim~mly. No. 18 - Niagara Falls, Canada Visitor & Convention Bureau - Re: Information Centre, 4667 Queen Street. The communication asks if the subject piuperty will be available for use by the Bureau for the 1983 season, end further that the City set aside funds for the maintenance of the p.,rop~t~y. Mr. G. Mallouk of the Downtown Board of Management asked that the City defer a decision on the matter until a meeting was held to discuss proposed plans for the entrance to the Downtown area at the ~ott~n of Queen Street. Alderm~n Puttick referred to a statement in the oca.f,ulication concerning financial participation by the City in renovating the property, and pointed out that Council' s decision had been to not contrib/te t~arda the renovations. Following further discussion, it was moved by Alderman Ctrmings, seconded by Alde~x,~n Chessman, that the matter be deferred until a meeting was held with the Dcwntcwn Board of Management. Carried Unanimously. No. 19 - Starlight F~tel/Ko~y Korner Restaurant - Re~ Signing, Railway Croesing and Naming of Roadway - McLeod Road/Stanley Avenue Area. The ~amunication requests$ 1) Taat the City pursue the matter of re-opening the railway crossing at Stanley Avenue and McLeod Road; 2) That signin~ be erected to direct traffic to businessas in the area; and 3) That "New McLeod Road" be renamed. Considerable discussion took place on the requests, in particular wi~h respect to the signing requested. During t~e discussion, information was provided by members of staff and Ragicxml Councillor Sineaton. Following the discussion, it was moved Alderman Cheesman, seconded by Alderman Keighan, that the city Qci-,.Llnue diacuseicns with Conrail, the C.T .C. and the Regional Municipality of Niagara With respect to possible re-opening Of the railway crossing. · Carried Unaninmusly. It was then moved b~ AldernBn Cheesmmn, seccmded by Alderman Kaighan, that staff be directed'to prepare sketches showing dimensions .as well as the typee of -3- signs requested in the ccm~/nication as soon as possible, to be submitted to the Region, and further that Oouncil endorse and recum~nd then to be considered notwithstanding the existing signing policy. The nb-tion Carried with Alderman Baker voting contrary, and all others voting in favour. It was further mDved by Alderman Cheesman, seconded by Alderman Keighan, that suggestions be given to the City Clerk on names for the new section of McLeod Road between Allanthus Avenue and Portage Road, to be sutmitted to Council at its next meeting. Carried Unanimously. No. 20 - Mr. P.A. Pasquet - Re: 1982 Report of the Regional Niagara Land DivisiOn C~,,,Jttee. The cc~unication provides information on the 1982 activities of the Regional Niagara Land Division Comnittee. ORDERED on the r~3tion of Alderman Puttick, seconded by Alderman Kerrio, that the cu~.junication be received and filed. Carried Unanimously. No. 21 - Regional Municipality of Niagara - Re: Sewage and Water Flows by Municipality for November/82. The c~,tunication provides information on the water and sewage flows by nunicipality for the m~nth of November, 1982. ORDERED on the motion of Alderman Keighan, seconded by Alderman Orr, that the oa,,~ulicatic~ be referred to the Finance Clm~ttttee. Carried Unanimously. No. 22 - Ontario Heart Foundation - Re: Proclamation for Heart Month. The ccr[mu]ioation requests that the mDnth of February be proclaimed as "Heart M~nth" in Niagara Falls. ORDERED on the motion of Aldezren Ctmmd_ngs, seconded by Alderman Kerrio, that the request be approved subject to established policy. Carried Unanimously_. No. 23 - Niagara Falls Big Sister Association - Re: Big Sister Week. The cu,,~unicaticn requests that the week of February 13 - 20, 1983, be proclaimed as "Big Sister Week" in Niagara Falls. ORDERED on the motion of Alderman Chees~an, seconded by Alderman Cunrd~gs, that the request be approved subject to established policy. Carried Unanimously_. Ego. 24 - Niagara Falls Jaycees - Re= Proceeds fren Bingo Lotteries. The oa~munication advises of contributionS made to the cc~munity using proceeds frcm bingo lotteries. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coville, that the ~u~a~unication be received and filed. Carried Unan/mousl~{. REPORTS No. 34 - Municipal Parking & Traffic C(mmlittee - Re: Perking on Peer Street. The report rec~,~lds that the necessary by-law be prepared to provide for three metered parking spaces cn the northerly side of Peer Street between Sylvia Place and Main Street. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 35 - Municipal Works Oa~,~-Attee - Re: Contract S.S. 28-82, Storm Sewers on N.S. & T..' and Gallinger Street. The report advises that the Municipal Works Ccmmmittee has received and filed the ~u,,cunioation fr{a;, the HAND Association of Sewer, Watermain and Road Coatfactors concerning the subject contract. ORDERED on the ra0tion of Alderman Orr, seconded by Alderman Baker, that the report be received and filed. The moticn Carried with Aldermen Cummings and Janvary abetaining (m a conflict of interest, and all others voting in layout. No. 36 - Chief Administrative Officer - Re: Municipal Accounts. The report recu+~,ends payment of the nunicipal accounts. Additicmal information was provided on Cheques #15703, #15728, #15734, #15789 and #15857 in response to questica%s raised by Aldermen Baker, Curehinge, Janvary and Puttidk. ORDERI~ on the motion of Alderman Cheesman, seemded by Alderman Somerville, that the report be received and adopted. The motion Carried with Aldermen Hinsperger, Janvary and Puttick abetaining on Cheques~, #15792, #15893, #15768 and #15825, on a cceiflict of interest, and all others voting in faycur. No. 37 - Chief Administrative Officer - Re~ Building & Develotment Report for Decenber, 1982. The report provide infornmticn relative to permit statistics, develo[ment pro~oeals, a~d other noteworthy data that has emerged during the period covered by the report. ORDerED on the motion of Alde~en .Ommtngs, sexmded by Alderman Orr, that the i re~ort be received and f led. Carried Ufmnimously. -5- -4- NO. 38 - Chief Administrative Officer - Re: O.N.I-P. Chippawa Area - RedeveloE~ent plan Approval. The report ~ds approval of the subject lan and passage of the appropriate by-law. redevelo~nent P 'on of Alderman Hinsperger, seconded by AIde Baker, that ORDEPa~) on the nx)tl the report be received and adopted. Carried Unanimously. See By-law 83-15 No. 39 - (3~ief Administrative Officer - Re: Prel~ Drawings for Consent Applications. The report recum~nds that the Regional Municipality of Niagara Land Division O~mlnittee be requested to oontinue the present policy of requiring drawirgs prepared by an Ontario Land Surveyor to accc~y consent (land severance) applications. Mayor Thcmscn felt the cost of providing an O.L.S. drawing with each application was unnecessarY, and that a cc~prc~ise arrangement could be made so that the drawing %Duld only be required if the application was to be approved. ORDEPaD on the motion of Alderman Cuegs, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 40 - Chief Aaministrative Officer - Re.' AM-39/78, Iseppon & Spironello (Now S. pingue), 61 Unit Apartment Building, South Side Huron Street, West of Ontario advises that this applicaticn has bean re-activated, and Avenue. The report zoning ~endment by-law has been prepared for the that an appropriate consideration of Council. In response to a question raised by Alderman Baker, Mayor ThaTson advised that any previous objections to the proposal were resolved, and that in any event, the zoning amendment by-law would be re-circulated to the surrounding property owners- ORDERED on the motion of Alderman puttick, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law 83-18 No. 83-15. No. 83-16 ORDERED on the nution of Aldernan Chessran, seconded by Alderman Kerrio, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 83-12 - A By-law to authorize an agreement With MOrrisca Beatty Limited. No. 83-13 - A By-law to amend By-law No.. 3790, being a by-law for the " regulation of traffic. (North Street) No. 83-14 - A By-law to amend By-law No. 3790, being a by-law for the " regulation of traffic. (Colborne Street) No. 83-15 - A By-law to adopt a padeveloEment Plan for the Chippawa Re- develo~ent Area. No. 83-16 - A By-law to amend By-law No. 82-295 providing for appointments ' ' tO certain Boards, O~mAssiOns and CumJtteas- No. 83-17 - A By-law to provide monies for general puzposes. No. 83-1.,8. - A By-law to amend By-law No. 79-200, as amended. ' Carried with Alderman By-law 83-12, Aldermen Hinsperger, Janvary and puttick abstaining on By-law 83-17, and 'all others voting in fayour. ORDERED on the motion of Aldemmn Kerrio, sexmdad by Alderman Baker, that. the following bplaws be no~ read a selma and third time, No. 83-12 - A By-law to authorize an agre~lL with Morrisc~L_Bea. tty Limited. No. 83-17 No. 83-18 - A By-law to adopL a Redevelola3ent Plan for the Chippawa Re- develoEnent Area. - A By-law to amend By-law No. 82-295 providing for appointments to certain Boards, Cu~uv~ssions and Ccramittees. - A By-law to provide monies for general purposes. - A By-law to amend By-law No. 79200, as amended. Carried with Alderman Cunxaings abstaining on By-law 83-12, Aldermen Hinsperger, Janvary and Puttick abstaining on By-law 83-18, and all others voting in favour. ThLEPHONE SY~I'~M - NIAGARA F~T,T~ ~ Ccrml/nication NO- 25 - Phones Unlimited Ltd. - The uamunication crmlnents on the telephone system installed at City Arenas by Bell Canada. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the eumdnication be referred to staff for the preparation of a report. Carried Unanimously. RESIGNATIONS OF CITY STAFF eERS Mayor Thanson advised that resignations had been received from Mr. R.W. Rodman, Director of Municipal Works and fzum Mrs. L.A. Putney, Assistant to the City Clerk. The Mayor indicated that Mr. Rodman had been appointed to the Ontario Municipal Board, and that Mrs. Putney had accepted a position with the City of Guelph. FINANCE ~'rr~ ~m~rlNG Alderman Cheaeman advised that there would be a Finance Commfttee meeting on Wednesday, January 26, 1983 at 4=00 p.m. Alderman Cheesman advised that the City has no monies invested with Crown Trust, Greymac Trust or Seaway Trust, firms that were taken over by the Province due to financial problenB. NIAGARA F~'rx-q VISITOR & OCNvT~I~TION BUREAU Alderman Coville advised that Council had appointed three members to the Niagara Falls Visitor & Convention BUreau, however according to the Bureau' s constitution, only two members would have voting privileges. ORDEBED on the motion of Ald~en Cu~nings, seconded by Alderman Merrett, that Alderman Puttick's appointment to the Bureau be changed so that he serves as an alternate menbet. r-~rried Unanimously. ~ pROMOTICU ASSOCIATION Alderman Kerrio advised that Council had also appointed three members to the Niagara prceotion Association, while the Association's constitution allowed only two voting members. ORDERED on the motion of Alderman Somerville, seconded by Alderman Puttick, that Alderman Kerrio's ap[x)intment to the Association be changed so that he serves as an alternate raemlber. Carried Unanimously. It was moved by Ald~.'~n meeting adjourn. Carried No. 83-13 - A By-law to ame~ By-law No. 3790, being a by-law for the . . ! · , "' regulatim of traffic.. (North Street) . - A By-law to mmld law No. 3790, being a by-law for the . C~ , * Alderman Sceerville, that the Council Chambers January 31, 1983 SPECIAL MEETING Council met on Monday, January 31, 1983, following a General Committee session. All members of Council were present With the exception of Alderman Kerrio. His Worship, Mayor Thomson presided as Chairman. RATIFICATION OF G~gERAL ODH~ITr~E DECISIONS BINGO LOI'rEItlES ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the Lotteries Branch of the Ministry of Construer and Cc~mercial Relations be requested ~ot to issue bingo licences to organizations in the City of Niagara Falls for prizes exceeding a $3,500 limit. The motic~l Carried with Alderman Puttick voting contrary, Alderman Cuninings abstaining on a conflict of interest, and all others votin9 in fayour. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that there be no limit on the number of bingo lottery licences to be issued. The motion Carried with Alderman Janvary voting contrary, Alderman Ctrmings abstaining on a ~ct of interest, and all others voting in favonr. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that there be no freeze on the number of Public Hall licences to be issued. The motion Carried with Aldermen Janvary and Orr voting contrary, Alderman CkFamings abstaining on a conflict Of interest, and all Others voting in favour. ORDERED on the motion of Alderman Keighan, seconded by AIde Cheesman, that the hiring of a Gambling Enforcement Officer be tabled for further consideration and a ret3ort frc~ staff. The motion Carried with Alderman Puttick voting contrary, Alderman Cu~gs abstaining on a conflict of interest, and all others voting in fayour. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that the increase in bingo lottery licence fees be the subject of a further report. The ~otion Carried with Alderman Ctmmings abstaining on a conflict of interest, and all others ~'~ing in favour. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that the applications by the Canadian Corps Iadies Auxiliary and the Niagara Falls Business and Professional Women' s Club be approved. The motion Carried with Alde~n Janvary voting contrary, Alderman Alderman Cummings abs~ on a conflict of interest, and all others voting in favour. ORDERED on the m~tion of Alderman Cheemman, seconded by Alderman Hinsperger, that the application by the Niagara Falls Curling Club be referred to the Legal Department for an opinion. The motion 'Carried with Alderman Cunmtings abstaining on a conflict of interest, and all oth~g in fayour. No. 41 - Mayor Thomson - Re~ Sale of Conrail. The report recuL,Lends that Council endorse the concerns raised by Conrail ~,~loyees concerning the loss of Canadian joke if the Canadian assets of Conrail are purchased by ON-CP, and that the City's support be conveyed to the Chairman of the Rail Transport (]cenittes of the Canadian Transport (tinmission and to appropriate Federal and Provincial Ministers. Mayor Th(mBon advised that between Windsor and the Niagara area, ~0 to 105 jobs could be lost if the Canadian assets of Conrail are purchased by CN-CP ~ail. The Mayor indiested that a ~a,Kany has been formed to purchase the line, and if successful, would not only retain the existirK3 Jobs, but would att~t to st/zulate additicem/~L~loyment. Mr. A. Atwell of Cantunn Inc. advised that his firm had been negotiating to purchase the Canadian assets of Conrail. Mr. Atwell iedicated that a decision will be nmde within tan days on the sale. With respect to hie firm's propceml, Mr. Atwell stated that it would be their intentic~ to increase traffic in the o~eration Of the railroad between Detroit and Niagara Falls, including doing work to the pig~y-.back qoe_r_~tion at the M~ntrose yard whid~ is lass ex~msive than transporting b~ highway. Ford Motor C~q~my has a share. in the -2- Cantunn cc~oany, and the two fir~s are jointly planning to do a fair amount of industrial and tourist develoEFent in the Niagara Falls area. Mr. Atwell stated that there would be substantial e~ployment created through construction as well as in the operations. In response to a number of questions raised, Mr. Atwell stated that the firm would be a Canadian corporation based in Windsor, with financing coming frcm a Canadian pensic~ fund in Toronto. The purchase will include all of the right-of-way, all of the real estate, rolling stock and locomotives pressently in operatill in Canada. The develoE~ent proposal could include a hotel develo~,ent, excursion trains between Detroit, Windsor and Niagara Falls, and an industrial distribution centre. Mr. Atwell further indicated that his firm would hold discussions with the City regarding the possibility of running the proposed "people mover" system c~ one of the firm's rail lines. Mr, Anderson of the Ford Motor Company advised that his firm' s interest would be the develolm~nt of the excess land included in the overall purchase. This would involve approximately 1000 acres between Niagara Falls end Detroit. A representative of the Brotherhood of Railway and Steamship Clerks advised that the eeployees throughout the Canadian divisic~ back the Cantunn purchase 100%, since it is that firm's intention to retain all of the employees and possibly call beck scme of the furlough people. It was further explained that an attempt had been made to have the Canadien Conrail er~ployees withhold their pension payments and start their c~(n pensi~l fund, bowever the e~ployees had refused to go along with the proposal. Aaa~tional information ~Bs provided in response to questions raised by various members of Council. -3- Following further discussion, it w~s moved by Alderman Puttick, seconded by Alderm~n Merrett, that Council endorse the purchase by Cantunn of the Canadian assets of Conrail, and further that the City Clerk prepare a resolntioa concerning the retention of the existing jobs in Canada. Carried Unanimously. No. 44 - Chief Administrative Officer - Re: Canada/Ontario Enployment Development Program. The report provides information ou the progress of the subject program. The Personnel Officer provided additional information in response to a number of questions raised concerning the program. ORDERED On the motion Of Alderman Cun]nings, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. No. 45 ~ Chief Administrative Officer - Re: 1982 Ontario Employment Incentive Program. The report provides a review of the work performed under the 1982 Ontario Employment Incentive Program. ORDERED on the motion of Alderman Cunm~ings, seconded by Alderman Coville, that the report be received and filed. Carried Unanimously. No. 46 - Finance Committee - Re: Use of Ce~puting Equil~nent in Various City Operations and 1983-1987 Capital Budget. The report reeomnends that the report of the Finance Co.~mittee on the use of cc~puting equi[ment be received for information purposes, and that the 1983-87 capital budget be adopted and forwarded to the Regional Municipality of Niagara for approval. ORDERED on the motion of Alderman Cheesm~n, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 47 - Tourism Niagara Co-ordination Board - Re: Tourism Niagara - Trip to View U.T.D.C. DeveloEx~ent Cantre. The report reds that three members of Council and one member of staff be authorized to visit the U.T.D.C. DeveloEmB~t Centre in Kingston. ORDERED on the motion of Alderman Cun3nings, seconded by Alderman Merrstt, that the report be received and adopted. Carried Unanimously. No. 48 - Alderman Cunm~ings, Arena Operations C~,attee - Re.' Arenas Operation. The report ontlinea certain revisions with respect to the operation of City ORDERED on the nDtion of Alderman Chamnings, seconded by Alderman Hinsperger, that the report be received and adopted and in~lemented February 1, 1983. Carried Unanimously. No. 26 - Ontario Waste Management Co ration - Re.' Public Meetings on Proposed Liquid Industrial Waste Treatment ~DDisposal System for the Province. The o~,,,unication advises of public meetings to be held Concerning the O.W.M.C. 's proposal to build and manage a liquid industrial waste management treatment and disposal system for the Province. In response to a question raised by Alderman Janvary, Mayor Thc~son advised that staff would determine the exact time and location of the public meeting to be held in St. Catharines for those n~nbers of Council wishing to attend. OWERED on the motion of Alderman Cunmings, seomaed by Aldelran Baker, that the o~z,~unication be received and filed. Carried Unanimously. No. 42 - Mayor Thcmson- Re.' Proetitution. The reEDrt advises that the Supreme Court of Canada has handed down a decision declaring Calgary's anti-prostitutio~ by-law unccmstitutional and outside the ~]risdiction of a nunicipality. The report further advises that a telegram has heec sent to the Ministea: of justice and Attorney-General of Canada requesting the necessary amendments to the Criminal Code in order to all(~; for the coatcol of perseas soliciting {or the purposes of prostitution. -PUblIC ~E~TING ON JUNIOR "A" HOCKEY TEAM Alderman c~L,Langs reminded members of Council of the meeting to be held in the Blue Line at the Niagara Falls Memorial Are on Thursday, February 3, 1983 at 7:00 p.m. to determine the interest in having a Junior "A" Hockey Team in Niagara Falls. PNOGRESSIVE CCNSERVATIVE LEADERSHIP ODNV~NTION It w~s moved by Alderman Cun3nings, seconded by Alderman Merrett, that an invitation he ex{ended to hold the Progressive Coaservative Leadership Convention in Niagara Falls. Carried Unaninrusly. It was moved by Alderman Baker, seconded by Alderman l{insperger, that the meeting adjourn. Carried Unanimously. Mayor Thcmson advised that he had contacted the Mayors of several other READ AND , zunicipalitiee faced with a similar problem, and would.be mak~g a su~mission a group to the Minister of Justice. ORDERED on the motion of Alderman C~min~B, seconded by AldernBn Keigl~an, that the report be received a~d filed. Carried Unanimously. . BR~N,-~ITY CLEI~ No. 43 - Mayor Thomson - Re: POllution of the Niagara River. The report refers to recent reports regardir~ the future of a 57,000 tonne S-Are chemical dtmlp in fgiagara Falls, New York which is sliding into the Niagara River and oozing through por(xxs rock under the River ara t~ard Canada. The re~ort further advises that a telegram has been sent to the Provincial and Pederal En~t Ministers calling for inl~ediate stel~ to be take to Correct the situation, and to increase the freguanoy in testing the nunicipal water eul~ly and inform ~msumrs in the area of t~a findings. : - '- MAYOR~NETHOMSC~ Comnittee Room #1 February 7, 1983 OD~MI'rI'~ OF THE WHOLE Council met on Monday, February 7, 1983 at 6:30 p.m., in CcimLittee of the Whole. All members of Council were present with the exception of Alderman Puttick. AldenTen Orr presided as Chairman. FOllowing consideration of the items presented, the Comnittee of the Whole arose without reporting. ~ k~AAaaa~ Council Chambers February 7, 1983 Council met on Monday, February 7, 1983 at 7:30 p,m. for the purpose of considering general business. All n~bers of Council were present with the exceptio~ of Alderman Puttick. His Worship, Mayor Themsc~ presided as ChainYen. AldenTan Orr Offered the Opening Prayer. PJDOPTIO N OF MINUTES ORDERED on the motion of Alderman Cu~nings, seconded by Aldernknn Hinsperger, that the minutes of the meetings held On January 24th and 31st, 1983, be adopted as printed. Carried Unanimously. MR. A. p(~,T,- PEACE RIVER, ALBERTA Mr. Albert Pocknell of Peace River, Alberta, presented to Mayor Thcm~c~ and members of City Council, a letter of good will frown His Worship, Mayor Gary Friedel and the members of the Council of Peace River, Alberta. UNFINISH~ BUSINESSS NAMING OF MCIZOD ROAD Report No. 49 - Chief Administrative Officer - The report rsccmmends that Council cc~sider a name for the recently' constructed new section of McLeod Road and that the Regional Municipality of Niagara be advised of the decision. During consideraticm of this item, members of Council suggested various frames for the new sectiota of roadway and indicated their reascms for these choices o It ~as moved by Alderman CunmLings, seconded by Alderman Hinsperger, that the new section of roadway be named Corfield Road. The motion was Defeated with the following vote: AYEs Aldermen ChsemBan, C~mlnings, Hinsperger and Coville. NAYE.s Ald~xmen Keighan, Bake, r, Janvary, Merrett, Orr, Kerrio and Somerville. It was then moved by Alderman Cheesman, seconded by Alderman Cun~ings, that the new sectira of roadway be named Marineland EXpressway. - The motion was Defeated With the '.follc~wing votes AYEs Aldermen Cheem~nn, Cumnings and Somerville. [[~ Alde~mn Hinsparger, Keighan, Baker, Janvary, Merrett, Orr, Coville and Kerrio. It w~s then moved by Alderman Merrett, seconded by Alderman Janvary, that the new section of roadway be named McLeod Expressway and the old section of the roadway retain the name of McLeod Rood. The motira was Defeated with the follcwing vote: AYE: Alderraen Baker, Janvary and Merrett. NAYE: Aldermen Cheesnan, Cuegs, H/nsperger, Keighan, Orr, Coville, Kerrio L - and Sc~erville. It was again moved by Alderman Cheesmml, seconded by Alderman Cunmbings, that the new section of roadway be named Marineland Expressway. The motic~ was Defeated with the following vote: AYE: Aldermen Cheem~an, Cummings, Hinsperger, Kerrio and Sc~erville. NKYE: Aldermen Keighan, Baker, Janvary, Merrett, Orr and Covitle. It was then moved by Alderman Janvary, seconded by Alderman Keighan, that the matter be tabled for one week. The motic~ Carried with the following vote: AYE: Aldermen Hinsperger, Keighan, Baker, Janvary, Merrett, Orr, Kerrio and Somerville. NAYE: Aldermen Cheeeran, Cunmlings and Coville. ~ICATIONS No. 27 - Social Planning Council - Re: psychiatric Facilities Study Report. The cc~munication requests that a meeting be arranged with the Minister of Health to consider the subject matter. ORDERED On the motion Of Alderman Cunwnings, seconded by Alderman Keighan, that Mayor Thereon arrange the meeting as requested. Carried Unanimously. No. 28 - Regional Municipality of Niagara - Re: Proposed Amendment No. 12 to the Regional Niagara Policy Plan, Waterline EXtension Policy. The eamunication requests o~,[~nts of the Municipality c~ the proposed amendment. ORDERED on the motion of Aldermmn Keighan, seconded by Alderman Cheesman, that the o/muniootioa be referred to staff for the preparatio~ of a report. Carried q Uesly. No. 29 - R~gional Municipality of Niagara - Re: Monthly Sewage and Water Flows by Municipality for December, 1982. The ccemunicatioa provides informaticn on the monthly sewage and water flows by municipality for the month of December, 3 No. 34 - Mr. D.B. Fleming - Re: Renewable Source. The ccm~unication requests that the City enter into an agreement to pay a 5% sales commission for the next three years frcm the sale of an unrevealed renewable resource, ORDFPaD on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the cunmunication be received and filed. The motion Carried with Alderman Orr voting contrary, and all others voting in fayour. No. 35 - Patrician Land Corporation - Re: Downtown Redevelol~nent. The c~cation advises that a review is being carried out cn the conclusions reached by Mr. L. Zalkind on the Downtown RedeveloI~nent proposal, so that a workable alternative can be developed. ORDERED On the motion of Alderman Cunmdngs, seconded by Alderman Hinsperger, that the cfmmunicatic~ be received and filed. Carried Unanimously. No. 36 -Dcwntown Board of Management - Re: Change to By-law No. 72-179. The cul~/unicatic~ requests that By-law 72-179 be amended to extend the boundary of the DowntoNn Business In~provenent Area east to Zin~erman Avenue from its present location along the railway tracks in order to include the King Edward Hotel lands. ORDERED on the motion of Alderman Keighan, seconded by Alderman Merrett, that staff be authorized to take the initial steps such as notification procedure, etc., to include the King Edward Hotel lands in the Business Inprovement Area, and that eventually a by-law be prepared. Carried Unanimously. No. 37 - Provincial Secretary for Justice - Re: CoKmunity Justice Week. The cd~runication advises that the Province has proclaimed the week of April 17-23, 1983 as "C/mmunity Justice Week" and requests that the Municipality arrange for suitable observance of this week. ORDERED On the motion of Alderman Merrett, seconded by Alderman Cunmtings, that the matter be referred to the Civic Cu~,~dttee. Carried Unanimously. REPORTS No. 50 - City Clerk - Re: Restricted Area By-law 82-283, Maxinum Height of Accessory Buildings in Residential Zones and Restricted Area By-law 82-284, Regulation of TV Antenna Dishes in Residential ZOnes. The report advises that no letters of objection have been received to the subject by-laws, and that they will be forwarded to the Ontario Municipal Board for final approval. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the report be received and filed. Carried Unanimously. 1982. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that theI cu,j,~nicatio~ be received and filed. Carried Unanimously. ~ NO. 51 - City Clerk - Re: Restricted Area By-law 82-20 to Remove Industrial Uses No. 30 - Niagara Falls Board of Museuns - Re: Improvaments to Lundy's Lane Museun. The cu~l~nication requests that funds be set aside in the 1983 budget for certain remedial work at the Lundy's Lane Muse~n. frcm Rural Agricultural Zoning, Former Township of Crewland. The report advises that the Ontario Municipal Board has appointed Wednesday, March 16th, 1983 at 11:00 a.m. in the City Mall Council Chambers to bear all interested parties. ORDERED On the motien Of Alderman Orr, seconded by Alderman Hinsparger, that the report be received and filed. Carried Unanimously. No. 52 - City Clerk - Re: Retricted Area By-law 82-257, Formula Fun Centre Inc. The report advises that the Ontario Municipal Board has appointed Friday, February 25th, 1983 at 11:00 a.m. in the City Hall Council Chambers to hear all interested parties. ~ ORDERED on the motion of Alderman Cunnings, seconded by Alderman Orr, that the report be received and filed. Carried Unanimously. No. 53 - C~ief Administrative Officer - Re: Designation of Laura Secord House under the Ontario Heritage Act. The report reckmends passage of a by-law to designate the Laura Secord HOUse as an architecturally and historically significant property under the provisions of the Ontario Heritage Act. ORDERED on the motion of Alderman Orr, secfmded by Alderman Hinsperger, that the report be received and adupted.. See By-law 83-19 No. 54 - Qnief Administrative Officer - Re: Encroachment, 4362 ~ueen Street and Ontario Avenue. The report reds approval of an application for passage of a by-law to permit the continuation of encroachments of the former Toror~o- Dominion Bank building up(m the Queen Street and Ontario Avenue road allowances. ORDERED on the motic~ of Alderman Cumnings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-law 83-21 Alderman Janvary suggested that staff determine whether funds would be available under the '~ake work" programs and under the Ontario Heritage Act since the building is designated as historical. ORDERED on the motion of.AldernBn Cheesman, seconded by Alderman Merrett, that the c~municatien be referred to 1983 budget discussions. Carried Unanimous]y~ No. 31 - Royal Canadian Legion, Branch 51 - Re: Oonve~ion Guide. The ~:,.,~,,'~catiea requests that the City sponsor an advertisement in the Crmvention Guide for the 33rd Biennial Convention. ORDERED on the motic~ of Alderm~n Hinsperger, seconded by Alderman Cu~inge, that the ccamuniootion be referred to the Finance C~,,fdttee for consideration. Carried Unanimously. No. 32 - Royal Canadian Legion, Branch 51 - Re: 33rd Biennial Convention. The o~l.,unication requests that the City provide prc~otic~lal itsroB to he handed out to visiting delegates at the 33rd Biennial Convention tO be held locally. ORDERED on the motion of Alderm~n Cheesman, seconded by Alderman Kerrio, that the ~,,,unieation be referred to the Finance C~,{ttee for ~onsideration. Carried Unanimously. NO. 33 - Tom of Clinton - Re: Amendments to Assessment Act. The ~,~-~nication requests endorserent of a resolaticu petitioair~ amendments to the Assessment Act to give a m/nicipality the right to have a representative appear at the + Assessment ~eviaw Court to present erg~nents against assessment appeals Which it considered to be unJustified, and that the Municipality cones/meal be informed well in edvanoo of the hear/ng date of the basis on which each assessment appeal. is beL~g made. O~DE~ED on the motion of Alderman Keig~mn, seerod by Alderman Or~, that the ~,~,unicati0~ be received and filed. Carried U~ly. NO. 55 - Chief Administrative Officer - Re: Sale of Surplus Ontario Hydro Lands .~ No. 64 - Municipal WOrks Cu,~,dttee - Re: Co~oarison of Diesel and Propane The report recc~ that Ontario Hydro be advised that the Municipality ~as~t' powered Vehicles with Gasoline Powered Vehicles. The report reco.mends that interested in the purchase of two parcels of property, one located on the { wherever practical, the City continue to replace large units of equiF~ent with side of Stanley Avenue south of McLeod Road, the second c~ the northerly side of' diesel [xTwered units for replacement occurs, and the City continue to expand the portage Road east of Thompson Road. ORDERED on the nDtion of Alderman Orr, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. use of propane powered units of equil~nent when the need arises to replace s~aller equiEnent units- ORDERED on the motion of Alderman Hinsperger, Seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 56 - Chief Administrative Officer - Re: Grant of Easenent frc~ Ontario Hydrcc for 33" Storm Sewer across Part of Township Lot 212, Stamford. The report recu~m~nds passage of a by-law to authorize the execution of the subject Grant of Ease~_nt frcm Ontario Hydro. ORDERED on the ~otion of Alderman Keighan, seccaded by Alderman Ckmmings, that the report be received and adopted. Carried Unanimously. See By-law 83-20 No. 57 - Municipal WOrks Oam~ittee - Re: Ontario Neigh~ourhood Improvement program (O.N.I .P · ) 1983/84 Program Year- ChippaWa Area. The report reoc~mends approval of the list of hard service projects for inclusic~ in the 1983/84 O.N.I.P. Application. ORDERED on the motion of Alderman Hinsparger, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 58 - Municipal WOrks Cc~F~ittee - Re: Remedial Works to Pedestrian WaLkways. The report reoa,.fends that an amount of $9,000 be provided in the 1983 Operating. Budget in order that scme of the problems associated with pedestrian w~lkways ~ay be rectified. No. 65 - Municipal Works Cc~wnittee - Re: Floodplain Mapping & Fill Regulations. The report recall,tends: 1) That the Regional Municipality of Niagara be requested to approve the Floodplain Mapping and Related Fill Lines for Ten Mile Creek, Shriner's Creek and Beaverdams Creek (including Tributary W-6-5) as illustrated in Appendix II of this report; and 2) That the Niagara Peninsula COnservation AUthority be requested to convene public meetings cn the Floodplain Mapping and Fill Regulations for the raining w~tercourses in Niagara Falls upon which Floodplain Mapping has been conpleted. ORDERED On the motion of Alderman C~tangs, seconded by Alderman Baker, that the report be received and adopted. Carried UnanimDusly. No. 66 - Chief Administrative Officer - Re: Fire Routes. The report recceends passage of a by-law to amend the existing fire routas at the Stamford Green Plaza. ORDERED on the motion of Alderman Keighan, seconded by Alderman Cu~nings, that the report be received and adopted. Carried Unan/mously. See By-law 83-27 ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the No. 67 - Chief ~aministrative Officer - Re: Statement of Remuneration and report be received and adopted. Carried Unanimously. i Expenses - 1982. The report provides information on the remuneration and expenses paid to each menber of Oouncil and to those members of local boards No. 59 - Municipal Works C0m~ittee - Re: Drainage Problare at 8077 Sarah Street, appointed by the Council. Mr. R. Hardwicke. The report rec~a,uends that the existing policy Of the City be~ ORDERED on the motion of Alderman ~gs, Seconded by Alderman Baker, that the USed for any backyard drainage improvements required for 8077 Sarah Street. report be received and filed. Carried Unanimously. Mayor Thc~sce~ advised that Mr. Hardwicke bad requested the matter be tabled~ No. 68 - Chief Administrative Officer - Re: Municipal Accounts. The report for three weeks. reoa~.',~nds payment of the nunicipal accounts. ORDFa~D on the motion of Alderm~n Kerrio, seconded by Alderman Coville, that the= report be deferred for three weeks. Carried Unanimously. = Additional information was provided on Cheques #16106 and #16197 in response to questions raised by Alderman Cunmdngs. No. 60 - Municipal Works Cor~mittes - Re-' Ontario Regulation 220/81 (Fill, ORDERED on the rfotion of Alderman Kerrio, seconded by Alderman Somerville, that Construction and Alteratic~ to Waterways Regulation) Revieed Policies - October ~ the report be received and adopted. The motion Carried with Alderman Cheesman 28th, 1982. The report reea'~,tBnds that Mr. P. Grandoni and Mr. D. Steward abstaining on Cheques #15929 and #16095, Alderman"~'nTperger abstaining on submit their cu,~ents for consideration and eadorseraent by Council for possible ! Cheques #16078 and #16170, and all others voting in favour. forwarding to the N.P .C.A. for consideration. ORDERED on the n~tion of Alderman Orr, secc~ded ~ Alderman Cumnings, that the i NO. 69 - Chief Administrative Officer - Re-' 1982 Sewage Flow Charges - City of re~ort be received and adopted. Carried Unanimously. ~ Niagara Falls. The report reea,,~ends that Council authorize inm~diate payment · to the Region of the amount outstanding for 1982 Sewage Flow Charges c~ the No. 61 - Municipal Works C~a~,,,~ttee - Re-' Facilities at Oakes Park. The report ~ understanding that (a) any credits which might be determined at a later date as rec~,,lends that stale be authorized to cb%a~n pr~0osals from W.P. London & a result of current investigationS will be reflected in the 1983 charges; and Associates Limited, Acres Celsulting Services Limited and Delcan DeLeuw Cather Canada Limited for the purpose of reviewing the structural adequacy of the basebell stands at Oakes Perk. ORDerED on the motion of Alderman Hiasperger, seconded by Ald~ Baker, that the report be received and adopted. The motic~l Carried with Alderman Cumnings abetaining c~ a conflict of interest, and all others voting in f. avou~. No. 62 - Municipal Works Committee - Re: Closing of Brooks Crescent at Ker Park and Constructira of Turnaround. The report reodt,tends that the costs associated with the closing of Brooks Crescent at the Ker Park parkiwi lot a~d the construction of a turnaround, with curbe, hot asphalt pavement and storm drainage facilities, be included in the 1983 operating.budget, and that the hcme~wnere affected be given an o~x~ortunity to read the report for any additional c~,~nts. ORDER~ On the m0ti~ of Alderman Merrstt, secc~ded by Aldermmn Janvary, that the re~rt be received and adopted. Carried Unanimmmly. ~o. 63 - Municipal Works C~,,~ttes - Re~ Geotechnical Investigation Proposals for Falls Avenue Storm Sewer. The report re~a,~,ends that the Director of Municipal Works be authorized to er~age the firm of L.J. Rak [hginesring Ltd., Rexdale, Ontario, to carry out the necessaxy subsoil investigatic~ for the above O~ERED On the motio~ of Alde~,,.n Hinsperger, seco~ad by Alderman Baker, that the re~ort be received and ad~3ptad. Carried Unanimously. (b) Because of the time delay incurred as part of the investigation, the Region waive any interest charges on the outstanding account. "Mayor Thcmson advised that meetings had bee~ held with Regional Officials on this matter, and the Regional Chairm~n w~s of the opinion that the charging Of any interest would be onJustified under the circumstances. The Director of Municipal Works provided additional information in response to a numlber of questionS raised. Following further discussion, it %es moved by Alderman Baker, seconded by Alderman Orr, that the report be received and adopted. Carried UnanimousiX. WO. 70 - Chief Administrative Officer - Re-' Staff Training 1983. The report reocm~,~ends that Council approve t%D staff in-house training courses to be ec~aucted in 1983, 1} Report Writing for ~ to 20 persons a~ a total cost of $600w and 2) Visual Presentation Techniques for up to 20 persons at a total' cost of $480. ORDERED on the a~ion of Aldek~,en Hinsperger, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. ~6- No. 71 - Chief A~ministrative Officer - Re: Site plan Approval for proposed Addition to FlY~33%g Saucer Drive-In Restaurant, 6768 Lundy's Lane. The report recommends approval of the above site plan subject to certain conditions. seconded by Aldermml Chessman, that ORDERED on the motion of Alderman Cu~nings, Unanimously. the report be received and adopted. Carried No. 72 - Chief Administrative Officer - Re: Building & Inspections Department Report for January 1983. The report provide~ current ne~s relative to permit statistics, devel°t~nent proposals and other noteworthy data that has emerged ORDERED on th . filed Carried Unanimously. report be recel · No- 73 - Chief Administrative Officer - Re: Remedial Repairs to Stamford Ministry of Labour. ORDERED on the motion of Alderman Cunmings, seconded by Aldermml Hinsperger, that the report be received and filed. Carried UnanimoUsly. No- 74 - Chief Administrative Officer - Re: Cash-in-Lieu Agreement between the City end Hilltop Cabins Limited, 4967 Clifton Hill. The report recumends passage of a by-law to authorize a cash-in-lieu of parking agreement with Hilltop Cabins Limited. Mr. A. SheItk3rd, solicitor for Hoco Ltd. and Welland Securities, requested that the report be referred beck to staff for further consideration. Mr. Shoppard referred to a previous cash-in-lieu agreement altorered by the City for this property, and commented that there seemed to be some confusic~ because of the current request of which the edjacant property oNners were not aware. It w~s pointed out that by approving the request, the City would be losing eighteen parking spaces in an area where the lack of parking w~s acute. Mr. L. Iannuszelli, the applicant, explained that while he was negotiating with Burger King for the restaurant ou the prenises, an approach w~s mode to the City for a cash-in-lieu of parking arrangement since sufficient parking oould not be provided On the premlises. This application w~s objected to b~ adjacent property owners end would be the subject of a further hearing. In addition, plans ~ere being made to convert the existing motel rocks into retail space. This ~ould require a further.cash-in-lieu agreement since sufficient parking ~ras not available on the site. The Director of Buildings & inspections edvised that the two applications are separate - the first is for a shortage of six parking spaces, and the seeoDd application is for twelve parking spaces. It ~as explained that it established policy that when an individual is willing tO enter into a cash-in-lieu of parking agreement with the City, the hotter is brought before Council for consideration. The Traffic & Construction Engineer further explained that the funds raised through cash-in-lieu arrangements would be used to provide off-street parkin~ in the area. It was the opinion of the Traffic and Construction Engineer tlmt since there is a recognized shortage in the area of approximately one thcus~r~] spaces, the number of spaces that would be lost could be oonsidered negligible compared to the total shortage. During the diseussic~ on this matter, it was suggested by several memRbers of Council that the matter he tabled to detezmine if the objections could be resolved with~/t the necessity of an Ontario Municipal Board hearing. Additional information ~ provided by staff in response to a ntmtber of questions raised. Following further comment, it ~as moved by Alderman Kerrie, seconded by Alderman Kei~han, that the report be received and adu~ted. The ~,otion Carried with Aldermen Janvazy and Coyills voting oontrary, and all others voting"~"' favour. No. 75 - Chief Administrative Officer ~ Re~ Maintenance of the York (l~iller and Ommpreasor for the Afr Condition System in City Hall. The report reds that Council authorize staff ~o proceed with certain preyafire ma]/fcenance of the subject e~l~er~ as required by the Boiler Inspeoti(m and Insurance of Canada. ORDERED on the motio~ of Aldermen err, seconded b~ Alderman (~eesman, ~hat the report be received ~ adopted, Carried Urnsly. -7- NO. 76 - Alderman Cunmings - Re: Staff Changes - Reorganization of Arenas and Pools. The report recc~enends approval of the proposed job rates for positions in accordance with the reorganization of the arena and pool operations in the City. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman err, that the report be received and adopted- Carried Unanimously. No. 4 - MERRETP - JANVARY - RESOLVED THAT ~EREAS it has recently been announced that the Canadian assets of the United States besed Consolidated Rail Corporation are to be sold, and that Conrail has taken the first steps towards selling these assets to CN-CP Rail; AND ~HERFAS the proposed sale of the Conrail assets to CN-CP could result in a substantial reduction in the existing Canadian work force of Conrail once the purchase is completed and the termination of the existing An~rican pension plan which is based on 30 years of service; AND ~ItERFAS Cantunn Inc., a privately owned Detroit besed firm has been established to purchase the Conrail assets, and it has been stated that the c~L~any will be Canadian funded and controlled; AND WHEREAS the Cantunn firm has indicated that it will retain the existing 250 e~pl~yees in Canada if the purchase proceeds, end possibly increase enployment as a result of further developnent to be undertaken in conjunction with the purchase of the Conrail assets; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls endorses the concerns raised by the Canadian ~mployees of Conrail, and supports the purchase of the Conrail assets by Cantunn Inc. in order to retain these jobs during the current high unenployment situation in this area; AND BE IT F~RTHER RESOLVED that this Council' s support be conveyed to the Chairman of the Rail Transport Co~nittes of the Canadian Transport Cc~ntission end to the appropriate Federal and Provincial Ministers; AND the Seal of the Corporation be hereto affixed. Carried UnaninDusly ORDERED on the motion of Aldernon Merrett, seconded by Alderman Cunmtings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 83-19 - A By-law to designate the Laura Secord House at 3800 Bridgewater " Street of architectural value and of historic interest. No. 83-20 -. A By-law to authorize the execution Of a grant of easement fr~n Ontario Hy~lro for a storm sewer. No. 83-21 - A By-law to allow the maintaining and using of a building which encroaches c~ Queen Street and Ontario Avenue. No. 83-22 - A By-law to amend By-law No. 82-295 providing for appointments to certain Boards, O~t,,~ssions and Oc~ttees. No. 83-23 - A By-law to amend By-law No. 82-295 providing for appointments to certain Boards, C~i,,~ssio~s and C~,,,~ttees. No. 83-24 - A By-law to amend By-law No. 3790, being a by-law for the regulation Of traffic. (Peer Street) No. 83-25. - A By-law to provide m~nies for general purposes. No. 83-26 -A By-law to authorize the execution of an agreenent with Hilltop ' Cabins Limited respecting parking facilities. No. 83-27 - A By-law to amend By-law No. 80-114, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. Carried with Aldermen Hineperger abstaining on 8~-25, Alden Janvary and Coville voting contrary on 83-26, and all others rOtirK3 in favour.~ ORDERED On the motio~ Of Alderman Cu~s, seconded by Alderman Kerrio, That · the following by-laws be non read a second and third t/me: - ~ No. 83-19 - A By-law to designate the Laura Secord House at 3800 Bridgewater ~ ' Street of architectural value and of historic interest. No. 83-20 - A By-law to authorize the execution of a grant of easement frcm Ontario Hydro for a storm sewer. No. 83-21 - A By-law to allow the maintaining and using of a. building which ~ ' encroaches o~ Queen Street and. Ontario Avenue. No. 83-22 - A By-law to amend By-law No. 82-295 providing for appointments to -- ' certain Boards, Cc~ssions and Conmittees- No. 83-23 - A By-law to amend By-law No. 82-295 providir~ for appointments to -- ' certain Boards, Conmissions and Conraittees. No. 83-24 - A By-law to amend By-law No. 3790, being ;a by-law for the regulation of traffic. (Peer Street) No. 83-2~5- A By-law to provide monies for general purposes. No. 83-26 - A By-law to authorize the execution of an agreement with Hilltop ' Cabins Limited respecting parking facilities. No. 83-27 - A By-law to amend By-law No. 80-114, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. Carried with Aldermen Chessman and FLinsperger abstaining on 8~-25, Aldermen Janvary and Coyills voting contrary on 83-26, and all others voting in fayour. CITY NEN BUSR~SS CNTARIO WASTE MANAGM~qT CORPORATICE~ MEETING The ~nief Aaministrative Officer advised that arrangements had been made for the Council to meet with representatives of the Ontario Waste Managenent Corporation regarding its proposal for a liquid industrial treatment and disposal system for the Province, on February 17th at"the St. Catharines Holiday Inn at 8:00 p.m. FIRE LANE - Y.M.C.A. BUILDING Alderman Kerrio advised that he had received a o~L~laint frc~ a member of the Y.M.C.A. concerning the blocking of the fire lane cn the property. Traffic & Construction Engineer advised ~hat the City is in the process of preparing a schedule to the fire lane by-law so that a fire lane can be established at the Y.M.C.A. ~m~,ING WITH NI~f~aA SOUTH BOARD OF EDUCATION Oa~munication No. 38 - Niagara South Board of Education - Rez Meeting. The c~L.(unicatice% advises of a report to be submitted Outlining proposals for the co~molidation and reorganizatien of secoDas~y schools both frcm a progran and a physical facilities point-of-view, and that the trustees of the Board who were elected from Niagara Falls are prepared to attend a meeting of municipal elected and staff officials at a routally satisfactory time to discuss the contents Of the report. ORDERED on the moti~ of Alderman C~s, seemded by Alderman Hinsperger, that-the nmtter be referred to staff to arrange the meeting. Carried U~sly. It wns moved by Alderman ~esm-mn , secc~led by Alderman K~rio, that the meeting adjourn. Carried Unanimously. ~ MAYOR W~fNE THOMSON Council Chambers February 14, 1983 SPECIAL M~rlNG Council met on Monday, February 14th, 1983, follc~ing a General ~ttee Session. All members of Council were present with the exception of His WOrship, Mayor Thomson and Alderman Orr. RESOLUTION No. 5 - HINSPERGER - BAKER - RESOLVED that Alderman Brian Merrett be appointed as Acting Mayor in the absenoe of His WOrship, Mayor Thomson, for the period of February 14th to 20th, 1983, inclusive; AND FJKTHER that Alderman Charles Cheesman be appointed as Acting Mayor in the absence of His WOrship, Mayor Thomson, for the period February 21st to 27th, 1983, inclusive; AND the Seal of the Corporation be hersto affixed. Carried Unanimously RATIFICATION OF G~qERAL CO~ITI'~J DECISIONS Report No. 77 - City Clerk - Re: Hawker and Pedlar Licences - Mr. Carmine Beatrio and Mrs. Nella Delsordo. The report reviews the previous denial by Council of these applications and advises that the applicants have requested further consideration of the licences in view of a possible language problem made during their previous presentations. The first application for the Hawker and Pedlar Licence was withdrawn by the applicant, Mr. C. Beatric. ORDERED on the motion Of Alderman Puttick, seconded by Alden Hinsperger, that a decision c~ the application for the Hawker and Pedlar Licence for Mrs. N. Delsordo be tabled for one week for further informatic~ concerning the requirements under the City' s Licensing By-law, the type of merchandise to he sold by Mrs. Delsordo, together with cemnents fr~n the Chamber of C~,erce. The motion Carried with Aldermen Cheeenan and C~iLdngs voting contrary, and all others ~in fayour. Raport No. 78 - Chief Administrative Officer - Re: Naming of McLeod Road. The report recuf~fends that Council consider a name for the recently constructed new section of McLeod Road and that the Regional Municipality of Niagara be advised of the decision. OaL,cunication No. 39 - Starlight Motel and Kozy Korner Restaurant - Re: Naming of McLeod Road. The c~iLunication suggests the following namas to be considered for the naming of the new section of McLeod Road: John Allan Parkway, Frank Miller Boulevard, Edward Mitchelson Boulevard, Prince Philip Parkway and Prince of Wales Boulevard. ORDERED on the motion of Alderman Cu~lEings, seconded by Alderman Cheesman, that the recently constructed new section of McLeod Road be named Marineland parksray. The motion Carried with the following vote: AYE: Aldermen Cheesman, Ctmxnings, Puttick, Coville, Kerrio and ScTaerville. NAVE: Aldermen Baker, Hinspergar, Janvary end Keighan. No..79 - Chief ~]ministrative Officer - Re: Contract G.C. 3-83, Underground Services for Dorchester Village Subdivision, Phase II. The report recu~ends acceptance of the unit prices sutmlitted by L & N Construction Limited for the subject contract. ORDERED on the nx~tion of Alderman Kerrio, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. Scc Resolution See By-law 83-30 No. 80 - Chief Administrative Officer - Re~ 1982 Pollution Control Charges. The report recu{.~ends that the City request the Regional Municipality of Niagara to forward monthly recorded pollution control plant sewage flows to the City as soo~ as they are received, to allow the City an ol~ortunitY of closely ~f~u~toring the m0~thly variation in flows. Alderman Keighan exl3ressed concern regarding the Regional Municipality Of Niagara making a profit fr~n its nunicipalities, and suk~itted the following proposed resolution for discussions T~at the Regional Municipality of Niagara refund to the City of Niagara Falls and any other Area Municipality within the Region, any payment Fade to the Regic~ for sewage treatment and related costs that are over and above the amount required from the individual Municipalities for pollution control costs in 1982 ~ and that the Regional Municipality of Niagara consider establishing its rate to be charged per 1,000 gallons for this service, without the benefit from the surpluses that have in the past accrued to the Region frc~ payments OVer and above the a~ount required to pay the cost to the Regic~ for this service- Alderman Keighan advised that he bed ~een/n contact with the Regional Director of Engineering and with other departments and had been informed that the surplus is applied to the 1983 se~rage charges. Alderman Puttich suggested that the resolutien be referred to the Municipal Works Ccm]nittee for consideration. The Alderhen stated that the area n~/nicipalities are charged under contract at a specified rate per gallon- Alderman puttick further stated that the City ~as obligated to paY the account to the Region, and that any surplus funds were applied the following year to reduce the cost to the nunicipalities. FolloNing further cc~ment, it w~s moved by Alderman puttick, seconded by Alderman Cumnings, that the report be received eu~d adopted. Carried. Unanimously · It was then moved by Alderman Keighan, seconded by Alderman puttick, that the proposed resolutien be referred to the Municipal Works Conmittee for consideration. Carried Unan/mously. No. 80 - City Clark - Re.' Cc~ty Justice Week. The report recc~m~nds that City Council suppart the designatien of April 17th to 23rd, 1983 as "Community Justice Week" in Ontario and proclaim it in Niagara Falls. ORDERED on the motien of Alderman }Linsparger, seconded by Alderman Kerrio, that the report be received end adupted. Carried Unanimously. No. 81 - Chief Administrative Officer - Re'. Sale of Part of Unopened Road Allowance between GOre Lots 9 and 10 and Township Lot 8 for the former Township of Stamford. The report reca~,,ends passage of a by-law to authorize an and amendnest to By-law No. 83-9, being a by-law to authorize the stopping up closing of part of the road allowance between GOre Lots 9 and 10 and Township Lot 8 for the former Township of Stamford and the sale and conveyance thereof. ORDERED on the motion of Alderman Cunmings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. .,, See By-law 83-28 -3- Iqo. 6 - KERRIO - BAKER - RESOLVED that the unit prices sulx~itted by L & N Construction and Excavating Of Niagara Limited, for the construction of underground services in the Dorchester Village Subdivision, Phase II, be accepted at the tendered price of $39,822.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously_ No. 7 - KEIGHAN - HINSPERGER - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby petitions for subsidy under the provisions of the public Transportation and Highway Improvement Act on expenditures Fade during the year 1982 in the amount of $4,264.235.96; AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY-LAWS ORDERED on the motion of Aldernknn Hinsperger, seconded by Alderman Cumnings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 83-28 - A By-law to amend By-law No. 83-9 being a by-law to authorize the Stopping Up and closing of part of the road allowance between GOre Lots 9 and 10 in Township Lot 8 for the former Township of Stamford and the sale and conveyance thereof. No. 83-29 - A By-law to authorize a licence agreenent with Antonio pugliese. No. 83-30 - A By-law to authorize the executicm of an agreement with L & N Construction and Excavating of Niagara Limited for the construction of underground services in the Dorchester Village Subdivision, Phase II. No. 83-31 No. 83-32 By-law to authorize a release. By-law to designate certain land not to be subject to part lot control. Carried Unanimously ORDERED on the motio~ of Alden~an Hinsperger, seconded by Alderman Cunnings, That the followir~ by-laws be now read a second and third time: No. 83-28 - A By-law to amend By-law No. 83-9 being a by-law to authorize the stopping up and closing of part of the road allowsrice between Gore Lots 9 and 10 in Township Lot 8 for the former Township of Stamford No. 82 - Chief AdminiStrative Officer - Re: Exet~3Lion of Lot 8, Plan M-78 from Part Lot Control. The report recuLl~ends passage of a by-law to eX~L~L Lot 8, · and the sale and conveyance thereof. Plan M-78 frcm part lot control, and that any costs arising frcm the registration Of the by-law, following its approval by the Regic~al Municipality report be received and adopted. Carried Unanimously. See By-law 83-32 of underground services in the Dorchester Village 8ukdivision, 'Phase II. No. 83 - Quiet Administrative Officer - Re: Request for Release, Lot 283; Plan N8-22, 6176 Kirkland Drive. The report recu,i,Bnds passage of a by-law to No. 83-31 - A By-law to authorize a release. authorize a release of Lot 238, Plan N8-22 fr(m the provisions of a subdivision ~ agreenent between the City and Klydel Holdings Inc. dated November ]at, 1972 and registered as Instrument No. 176349. ORDER[D on the motion of Alderman Baker, seconded by Alderman Kerrio, that the report be received and edified. Carried Unanimously. See By-laW 83-33 .... e0~M/~I~ION PILOT CLUB OF NIAGARA FALL8 - 25T~ A~qIVERSARY The City Clerk advised Council that the Pilot Club of Niagara Falls would be celebrating its 25th Anniversary this ye~ and were requesting that the week request be approve] subject to established policy. Carried Unanimously. No. 40 - Stamford Cantre Volunteer Firemen's Association - Re.' Grant-in-Lieu of Taxes. ~e c~.,amication expresses appreciatic~ of assistance previously received fren the City and requests a grant-in-lieu of taxes for the Association building on Lo~Jhurst Ave~le and Fire~en's Park located on Dorchester Road as formerly received. O~DEI~D on the motion of Aldez]Tan janvary, seconded b~ Aldema~Kerrio, that the cu~.~unicatio~ be referred to the Finance Ocemittee for consideration. The motion Carried with Alderman Om~ings abstaining on a emfliCt of ~terest, and all oth~in~ in fayour. -4- Cc~munication No. 41 - Sylvia Place Market Association - Re: Request for Financial Assistance. The c~municatio~ e~presses appreciatic~ for past assistance and requests financial sup[oft frcm the City for 1983. ORDERED On the motion of Alderman CheesTan, seconded by Alderman Keighan, that the cu~,~unication be referred to the Finance Cu~aLattee for consideration- Carried Unanimously. G~D STREEt - SIDE~LK SNOWPLOUGHING Alderman Hinsperger advised Council of hhe need for sidewalk sncwploughing on Green%Pod Street in the are of Greenwood Manor, the senior citizen residence. In response to a question raised, the Director Of Municipal Works provided information on the City' s policy en sidewalk snowploughing- Alderman Cummings suggested that the mstter be referred to the Municipal Works Cemmittee for discussion with particular reference to snowploughing in the are of h(mBs for senior citizens. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker, that the matter be referred to the Municipal Works Cul.,,~ttee for cc~sideration, end further that the sidewalk gn Greenwood Street be ploughed when necessary, en a tuL~orary basis until a recc~mendaticel has been received. Carried Unanimously. Aldell~.an Kerrio referred to an article which had recently appeared in the local press regarding the request of Brock University for a grant frcm the Regional Municipality of Niagara in the ~mount of $1 nillion to support the University's science develolment fund. The Alderman requested that information be obtained fr~n the Region concerning the present status of the request and forwarded to the Finance Cul,p~ttee for consideration. Alderman Puttick suggested that a legal opinion ~Duld be of value since the City could likely be approached for funds as well. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Scmerville, that information be obtained frcm the Regional Municipality of Niagara for the consideration of the Finance C~,,~ttee en the status of the request from Brock University, and further that the matter be referred to the City Solicitor for a legal opinion. Carried Unanimously. PUBLIC M~f'ING - FASTDALE S~CONDAE{ SCHOOL Alderman Janvary asked if any menbers of Council would be attending the Niagara South Board of Education public meeting scheduled for Tuesday, February 15th, 1983 at Eastdale Seccmdary School in Welland. Alderman Cheesman advised that he expected to receive information on the matter, and would not be attending the meeting. The Alderram1 further advised that a meeting was being arranged between the City and representatives of the Board at a later date to discuss the proposed plans for secondary schools. It Was moved by Alderman Ommings, seeoaded by AIdemen Baker, that the meeting adjourn. Carried Unanimously. CITY_ Council Chambers February 21, 1983 Council met on Monday, February 21, 1983, at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of His Worship, Mayor Wa~e Thomson and Alderman Norman Puttick. Acting Mayor Charles Cheesman presided as Chairman. Alderman Coville offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of AIdera Cun~ings, seconded by AldeTman Hinsparger, that the minutes of the meetings held on February 7th and 14th, 1983, be ado[feed as printed. C~rried Uneusly. Alderman Cheesman, the Acting Mayor, Walc~med Miss Barbara G. Scott and Mrs. Jeanne Fry to the Council meeting. Miss Scott is the Deputy City Clerk and Mrs. Fry the ne~ Secretary to Council. PRES~qTATICNS MR. EARL D[~N'iS - RETIPa~4~T Acting Mayor Chee~an presented a retirement Watch to Mr. Farl Dennis who had been employed with the City of Niagara Falls since December 1965 in the Parks & Cemeteries Department. MR. REG CAGE - 25 YEAR PLKQUE Acting Mayor Cheesman presented a 25 Year Plaque to Mr. Reg Cage who oa,a,~nced en~ployment with the Township of Steamford in January 1958 as a Labourer-Tractor Operator and since 1971 has %Drked in the Garage as an EquiEment Maintainer. ODM~3NICATIONS No. 41 - Kidney FOundation of Canada - Re: Door-to-Door Campaign. The c(mmunioatlon requests permission ~rcm the City of Niagara Falls to carry out the annual Door-to-Door Campaign for research funds for the Kidney FOundation of Canada. Alderman Keighan referred to a recent newspaper article regarding Michael Flynn of Niagara Falls who has been cycling from West to East across Canada to assist the Kidney FOundation in publicizing the need for research. ORDERED on the motion of Alderman Cumnings, seconded by Alderman Janvary, that approval be granted for the annual Door-to-Door Campaign of the Kidney Foundation Of Canada. Carried Unanimously. ORDERED on the mDtion of Alderman Keighan, seconded by Alderman Cummings, that the cum~unication be referred to the Finance Oata~ittee to consider the possibility of providing a grant to the Kidney FOundation of Canada, during 1 discussions of the 1983 Operating Budget- Carried Unanimous y. No. 42 - The RegiOnal Municipalit of Niagara - Re.' Policy for Chungee to the Policy for changes to the Regional Road System cutlined in DEA-196, Item 15, attached. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the cu~,~unication be referred to the Municipal Works C~mdttee for consideration and the Region be requested to defer any final decision until c~ments are received. Carried Unanimously. Regional Munici lit of Nia ara - Re: Floodplain end Hazard Land No. 43 - The 'lne oam~unlcat~ ~taches ~rt DPD 1617, dated January 26, Regulations. 1983, end a letter from the Niagara Peninsula Conservation Authority regarding the interim w~tershed plan and requests oa~'lBnts. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that the c~unioation be referred to Staff for a report. Carried Unanimously. -2- No. 44 - Niagara ion Develo[~at Co ration - Re: The Niagara Region s, discusses lans for additional staff requirements and supports end N.R.D.C. functions. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the ccnmunication be referred to the Finance Cc~mittee for consideration in conjunction with the Business & Industrial Growth Agency budget discussion for 1983. Carried Unanimously. No. 45 - Ontario Genealogical Societ - Re: DnmmDnd Hill Cemetery. The GOvernment to inmediately enact legislation that will allow en Unemployment. Insurance exhaustes to draw benefits when one claim terminates without having serve a new waitin~ period if he othenqise qualifies. d ORDERED On the motion of Alderman Baker, seconded by A1 erakin Janvary, that the resolution be endorsed. Carried Unanimously. No. 47 - ~he Easter Seal Society - Re: 1983 Easter Seal MOnth. The cu~unicatxon reviews the tund r~ising activities of The Easter Seal Society and~ requests that Council proclaim March 1983 Easter Seal month in Niagara Falls. Alderman Merrett discussed the information that 11 year old Eddie Jaocbi Society Timmy an Niagara Falls had been named this year's Ontario Easter Seal d suggested that Eddie be recognized by COuncil during the year. ORDERED on the motion of Alderman Cuegs, seconded by Alderman Kerrio, that the request be approved subject to established policy. Carried Unanimously. No. 48 - Minist of Natural Resources - Re: Traps within City Limits. The c~.~unicatlon ~e~ers to councll's decxsion to present a bill to the Private Bills' Cu,it~ttee of the Ontario legislature to receive authority to pass a by-law prohibiting the use of any type of trap within City limits. Mr. Paul Drysdale end Mr. Bruce Buckland were present on behalf of the Ministry of Natural Resources, Fonthill Office, end reviewed the concerns e~pressed in their letter of Februar3/11, 1983, in respect to the City's decision to present a bill to the Private Bills' C~,fHttes of the Ontario Legislature to give the City power to pass a by-law prohibiting the use of leg-hold traps, killer traps or snares within the City of Niagara Falls. e Ministry requested the City to consider the by-law proposal and the impact it 1 would have on trapping, increase in fur bearing animals end resultant prob eros, etc. Mr. Drysdale demonstrated a new tr which would soon ~L~ into use and would replace the leg hold trap. Mr. ~land provided information en the Ministry's experience in Other municipalities, and the co-operative effort on behalf of Hunane Societies, the Trapper' s Association end the Ministry to achieve a three-way "gentlemen's agreeneat" to resolve matters of concern. Mr. Bob Green of the H~ne Society w~s also present and reviewed the. background lesding up to the request to have the traps banned in the City. Mr. Joseph Cnarlebeis outlined his concerns in several areas, including action taken by the H~nane Society to resolve the problen of wild dogs in the ares. He stated that the issue of concern was cruelty in the method of trappin% animals. Mrs. W. Holly advised Council that the family cat had been injured after -3- No. 49 - Mayor Michael Harcourt, City of Vancouver - Re: Street Prostitution. The osm~unlcat~on attaches a copy o~ a letter to the Minister of Justice for Canada discussing concern regarding street prostitution and suggests ~unendments to the Criminal Code to r~ the situation. The communication further 1 requests the support of the City of Niagara Fa ls. The City SOlicitor expressed approval of the approach taken by the City of Vancouver. He advised that subsequent to the ~udgment of the Supreme Court of Canada on the subject, the Courts would be unlikely to uphold a Municipal by-law and therefore it would be necessary for the Federal GOvernment to areera the Criminal Code on the Prostitution by-laws. ORDERED On the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the City of Niagara Falls endorse the suggested anendments to the Criminal Code. It w~s further recc~m~nded that the matter be referred to Mr. A. A. MacBain, M.P., for support. Carried Unanimously. No. 50 - Tikal end Associates - Re: 9515 Montrose Road, Niagara Falls, Ontario. The cu,~'~n~cat~on offers a loan to the City of Niagara Falls in the amount of $76,000.00 on a 11/2 year interest free basis to install a sub-pumping station h in order that t e water pressure at the above address might be increased to facilitate a sprinkling system as required by the Fire Department. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Cu~nings, that the cc~cation be referred to the Municipal Works Committee for discussion in conjunction with the 1983 Operating Budget. It was further recc~xnended that this be referred to the Legal Department for ccm~ents. Carried Unenimousl3[. No. 84 - Recreation Cum,~ssion - Re: Area Recreation Board Appointments. The report reoa~,en~s t~at the people indicated on the attached sheet be appointed to the respective area recreation boards for a one year or two year term. ORDERED on the mDtion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 85 - Chief Administrative Officer - Re: Niagara Falls Lions Club Rink Closing. Tne report recuL~ends that Council authorize staff to shut down the Niagara Falls Lions Club cutdoor skating rink as soon as possible. Alderman Curenines referred to problems encountered this year, i.e., the difficulty of maintaining ice surface during the mild winter as well as mechanical problems. ORDERED On the motion Of AIdetoxin Cunmlings, seconded by Alderman Hinsparger, that the report be received and adopted. It was further directed that the problem of mechanical difficulties be referred to Staff for a report at the next meeting of Council. Carried Unanimously. No. 86 - Chief Administrative Officer - Re: Niagara Falls Non-Profit Housing Corporation. 'me report rec~,w,ends that Council pass the by-law appearing ~n tonight's agenda to authorize an application for incorporation of the City of Niagara Falls Non-Profit Housing Corporation as a corporation without share capital. ORDERED on the motion Of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried unanimously. see By-law No. 83-33. . No. 87 - Municipal Works Cu~.,~ttee - Re: Transportation Safety Association Awards - l~sz. 'lne report rec~%.~ends the following: 1) that drivers"who have completed ten or more years of accident free driving be authorized to attend the Transportation Safety Association Banquet ca Saturday, March 26th, 1983, at a cost of $11.00 per ticket; ~lat awards be presented to the eligible drivers at the Municipal Service Centre by His Worship the Mayor between the hours of 3:00 p.m. and 4:00 p.m. being caught in a trap, and she expressed concern that a similar accident might~ occur with childran. on a date suitable to the Mayor. ORDERED on the motion of Alderman C~.~dngs, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. Menbers of Council presented their oa,,fents on the City'B proposal in relation to the concerns e ressed the Ministry OfficialS. The City · NO. 88 - Municipal Works Cc~mittee - Re: Brochure on Lot Drainage. The report At the conclusion of the discussion, it was Ordered on the motion of ~ recu~ends that the suD3ect pamphlet be given to all builders and homeowners Alderman Merrett, seconded by Alderman Orr, that the matter be referred to the when building perunits ere issued. Ministry of Natural Resources, the Humane Society and the Trappers' Association~ ORDERED on the nDtion of Alderman Orr, seconded by Alderman Coville, that the for discussion and report in nrmth. ' 8 report be received and adopted. Carried Unanimously. a one ~ ORDERED on the motion of Alderman Cunmings, seconded Dy ~uerman Kerrlo, 'that The motion .e~ried with the following vote: the information be disseminated to residents via water bills. Aye: Aldermen Baker, Coville, Keighan, Hinspergar, Merrett, Orr, and Carried Unanimously. Somerville. NaXe., Aldermen Cunmings, Janvary and Keighan. -4- No. 89 - Municipal Works Cu,,~.{ttee - Re.' Assigning of Metric Speed Limits On Regional Roads. Tne r~e~ort recurmends ~hat speed limit signs on the City ro~d the report be received and adopted. ' No. 90 - Municip~_l Works Conmittee - Re: Scrap Metal Collection - Sanitary landfill ~l~e. ~ne report rec<mmnends that staff be authorized to obtain quotations on an annual basis, for the reuoval of scrap metal accLmulated at the City' s Mountain Road Sanitary Landfill Site. ORDERED on the nution of Alderman Kerrio, seconded by Alderman Merrett, that ~_he report be received and adopted. Carried Unanimously. No. 91 - Munici 1 Works CxDmnittee - Re: Drainage problen at the Rear Of Homes Between Roosevelt Avenue end Bant~ng Avenue along the Canadian Niagara POWer ; that the City not financing. . by Alderman Orr, that the ' of Alderman Hln~,perger, .seconded No. 92 - Municipal Works Conmittee - Re.' Fixed Charges for Watermains where Subdivisions abut exlstxng streets. The report re~ the follc~: 1) that the repor~ be received and filed; that the existing Declaration of Policy for the Developnent of Subdivisions be adhered 3) that the Developers of the Moretta Subdivision end the Mount Forest II Subdivision be advised of the above recc~u~_ndation, with objections to be reviewed by the Municipal Works Ccmnittee when they are presented. ORDERED on the motion of Alderman Orr, seconded b~ Alderman Scmerville, that the report be received end adopted. Carried Unanimously. No. 93 - Munici 1 Works Cu,~ttee - Re: Equit~_nt Replacement Schedule. The 1 ) that the report be given oonsideration in allocating funds for future equipnent purchases during discussions for the 1983 budget; that Mr. H. A. Woodgate report to the Municipal Works Cu~f.~ttee en any intended major purchases of equip~nt before proceeding with the actual purchase. cil discussed a recent iten in the local news ~er arding the safety Administrative Officer confirmed the safety aspects and a report would be sulxni · report be received and adopted. · No. 94 - Municipal Works Cu,~jttee - Re: Sidewalks cn Latina Crescent - Meadowsale v~ll~ e Su~x~xvXs~on Extension. The re rt recc~mends that all of the sideNalks on ~ Crescent in the Meadowvale S~ivision Extension be deleted, ORDERED on the ,,~tien of Alderman Orr, seconded by Alderman Coville, ~hat the repor~ be received and adopted. Carried Unanimously. ' No. 95 - Chief Administrative Officer - Re.' Zoning By-law Parkin Dimensions. the rk require~_n~s in +.he ~oning By-l~w, The pl~u~inQ Director ~nd Tr~c ~ Construction Er~inee~ replied to questions reised contenting this it~n, ORDERH) on the n~tion of Alderman Or~ seconded b~ Aldenn~n Ke~rio, that ~e report be ~ece~ved and adopted, Carried Un~bm~sly, -5- NO. 96 - ~nief Administrative Officer - Re: Municipal Accounts. The report rectums. ntis payment ot the nunzclpai accounts. Additional information was provided On Cheques #16624, #16256, #16381, #16383, #16387 and ORDERED on the motion of Alderman Baker, seconded by Alderman Cummings, that pa.y.ment on Cheque #16ddd be deferred for one week for further information. The motion vas Defeated on the follOWing vote: AYE.' Aldermen Baker, Cur~lings and Orr. ~5~FE.' Aldermen Coville, Hinsperger, Janvary, Keighan, Kerrio, Merrett and ' Sceerville. ORDERED On the motion Of Alderman Orr, seconded by Alderman Coville, that the report be received and adopted, subject to fupther information on Cheques #16244 and #16276. The motion Carried with Alderman Hinsperger abstaining on Cheques #16245 and #16405, Alderman M~rrett abstaining on Cheque #16383, Alderman Keighan opposed on Cheque #16236, Alderman Cunndngs opposed on Cheque #16~.~.~_ and all others voting in favour. No. 97 - Chief Administrative Officer - Re: Tendering Fire Departmeat Clothing. The report reccnmnends that tenders De called as soon as possible for 1983 Fire Department clothing. ORDERED On the motion Of Alderman Cummings, seconded b~ Alderman Hinsperger, that the report be received and adopted. Carried Unannnously. No. 98 - Chief Administrative Officer - Re: Canada Ontario Employment Program. The report advises that verbal approval has bean received on the follOWing projects: 1) Inventory and Collection organization 2) Painting Fairview Cemetery fence and building 3) Brushing and debris clean-up of Nature Parks 4) Brushing City property 5,952.00 16,800.00 36,000.00 204,000.00 $262,752.00 The Personnel Officer r~plied to concerns expressed by Alderman Orr regarding the hiring of additional persons after a specified period of time in order that they might again be place on benefits. The Personnel Officer agreed to check with the Federal Enployment Developuent Branch ~xd advise Alderman Orr of the information received. ORDERED on the motion of Alderman Cunlnings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 99 - Chief Administrative Officer - Re'. Ontario Neighbourhood Improvement Progrin (O.N.1.P.) ~or C~lppawa. The report recu~m~ends that the City of Niagara Fails make application to the Ministry of Municip~_l Affairs and Housing for an Ontario Nei~i%bourhoqd_ I rovemeat Program" (ONIP). The total works recu~m~,endad to be carried out under ~e Program is $1,400,000.00. The City's share being $700,000.00 · ORDERED on the motion of Alderman Hinsper~er, sebonded by Alderman Baker, that the repor~ be received and adopted- Carrled Unanimously. See Resolution No. 10 No. 100 - Chief Administrative Officer - Re.' Cash-in-Lieu ~3reement between The Corporation oE the city oi Nxagara Fails and Hilltcp Cabins Limited, 4967 Cliftod Hill (Hilltop Cabins). The report recu~x-ends that Council pass the ..b~/.-lew on tonight's agenda authorizing the revised cash-ln-lieu agreement wi Hilltop Cabins Limited. th ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. ~4 ~ee By-law NO. M3- · No. 101 - Chief Administrative Officer - Re.' Electric Rapid Transit for the Niagara Regxon. 'xne report recu,-.,en~s that n~mbers of COuncil review the attached submission, hear the author, Albert J. Mettler, and decide what a~cion it wishes %o take. [. -6- tler was ranted permission to address Council o~ the Mr. Albert J. Met . ~ed Alderman Ctmm/ngs. Mr. Mettler reviewed his written submis 1 , its "tie-in" with the People Mover stem. He made reference to the Rapid replied to questions regarding costs as well as comfort and oonvenience of the system. The Traffic & Construction Engineer stated that the proposal would not have an adverse effect on the system the City has been discussir~ for the tourist area. ORDERED on the motion of Alderman Cumnings, seconded by Alderman Baker, that the report be received and filed. Carried Unanimously. No. 102 - Chief Administrative Officer - Re: Bingo Application - Niagara Falls Curling Club. The report recc~raends t~at Council give consideration to the request of the Niagara Falls Curling Club to conduct bingo lotteries. Mr. G. A. Breadner was granted pennission to address Council on the motion of Alderman Baker, seconded by Alderman Coville. Mr. Breadner advised that he was representing the Curling Club which was a non-profit organization set up for recreational purposes. He stated that funds were not given to charity. However, ice time is given to students in all of the high schools in the area free of charge. Mr. Breadner referred to need for funds to finance machinery which has been installed. It was suggested that a copy of Mr. Breadner's reParks be referred to the Recreation Department. ORDERED On the motion Of Alderman Baker, seconded b~ Alderman Hinsperger, that the application be denied. Aldermen Cummings, Kerrxo and Merrett abstained from, the vote on conflict of interest. The motion Carried on the following vote: AYE: Aldezl3en Baker, Coyills, bperger, Janvary, Keighan and Scmerville- NETE'. Alderman Orr. No. 103 - Chief Administrative Officer - Re: Brock University Grant. The report reccmmends that the lntormation be received and filed. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the report he received and filed. Carried Unanimously. No. 104 - City Clerk - Re: Store Closings on Sundays and Holidays. The report reccamends that the contents be noted and the re rt be received and filed. ORDERED on the motion of Alderman Orr, seconded ~ Alderman Kerrio, that the report be received and filed. Carried Unan/mously. RESOLUTIONS No. 8 - KEICaAN - HINSPERGER - RESOLVED that pursuant to the Public Trans rtatxon and Hlgnway Improvement Act, the Council of the Corporation of the G~t~ of Niagara Falls hereby requests an allocatic~l of subsidy funds for public transportation in the ~iaot~lt of $17,543.00 for the Capital Assistance prograters and $381,977.00 for the Transit Operating Assistalice progranme; AND the Seal of the Corporation be hereto affixed. . ' Carried Unanimously.4$ No. 9 - KERRIO - MS - RESOLVED that pursuant to the Public Transportation' and Highway improvement ACt, the COrporation of the Cit~ of Niagara Falls 'hereby requests an allocation of subsidy funds for transportation for the physically disabled in the amount of $40,736.00 for Canbilled Capital and Opet_'at n Assistance progranlne; AND the Seal of the COrporation be hereto affiix~.. - -7- the cost and the City to pay 50% of the cost, for the purposes of the Ontario Neighbourhood Improvement program for the period May 1, 1983 to March 31, 1984; AND the Seal of the COrporation be hereto affixed. Carried Unm~imously. No. 11 - CUNIvFLNGS - BAKER - RESOLVED that the COuncil of The Corporation of the City of Niagara Fails approves Of the appointment of the following Applicants and first Directors of the proposed City of Niagara Falls Non-Profit Housing COrporation: Isabel Fyffe Bald, Winnifred Elizabeth Judith Orr, Anna Theresa COrfield, Dona Ellen Coville, Anthony Di Giaccrno, Wilfred Arnct Hinsperger, Henry Spironello; AND the Seal of the COrporation be hereto affixed. Carried Unanimously. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Merrett, that leave be granted to introduce the follc~ing by-laws, and the by-laws be read a first tin~: No. 83-33 - A By-law to authorize an application for Incorporation of the City of Niagara Falls Non-Profit Housing COrporation. No. 83-34 - A By-law to amend By-law No. 83-6 being a by-law to authorize the execution of an agreenent with Hilltop Cabins Limited respecting parking facilities. No. 83-35 - A By-law to provide monies for general purposes. Carried with Aldermen Merrett and Hinsperger abstaininV on 83-35, and Aldermen CLmlnings and Keighan voting contrary On 83-35, and all others voting in favour. ORDERED on the mDtion of Aldernk%n Hinsperger, seconded by Alderman Cun~ings, that the following by-laws be now read a second and third time: No. 83-33 - A By-law to authorize an application for Incorporation of the City ' of Niagara Falls Non-Profit COrporation. No. 83-34 - A By-law to amend By-law No. 83-6 being a by-law to authorize the execution of an agreement with Hilltop Cabins Limited respecting parking facilities. No. 83-35. - A By-law to provide monies for general purposes. Carried with Aldermen Merrett and Hinsperger abstaining on 83-35, and Aldermen CLnnnings _and Keighan vctieg contrary on 83-35, and all others voting in favour. No. 10 - CL~MINGS - HINSPE~3ER - RESOLVED that WHEREAS notificatio~ has been Alderman Kerrio referred to representation of COuncil at a recent meeting received ~rcra the Ministry o~ Housing regarding the allocation of funds to be deaaline for alloat' funds for the asia Ontario Nei~ourhood Improve~E ORDERED on the motion of Alderran Kerrio, seconded by Alderman COvine, that the Program, for the peri~ May 1, 1983 to March 15, 1984. Maintenance &Operations Engineer sut=nit a report at the COuncil meeting the Cit Niag Falls sched for 1 83. Unan al . application to the Minister of Housing, gr the approval of the projects an ' estimated cost of $1,400,000.00 with the Provincial Gorefigment to pay 50% o -8- TWELFTH MEETING Com~nittee Room #1 February 28, 1983 Alderman Kerrio referred to an article which had appeared in the local nodspaper today regarding chairs purchased by the Region at a cost of $26,000.00. Following a brief discussion, it ~as agreed that a request should be made for Regional representation at the next meeting. UPDATE BY AR~ OPERATIONS CO~T~EE Aldern~n Cungnings presented an oral update report on the Arena Operations Cc~ttee- He included efforts made to obtain a junior "A" franchise, seesons tickets, and a meeting to be held in the near future to discuss minor hockey- BOSSERT KOAD - CMv~]qT C~JLVERT OVER USS~ER'S CRF~ Alderman Somerville advised of a contact he had received which had expressed the concern of residents regarding a cement culvert Over Ussher's Creek on Bosserr 1~Dad. ORDERED on the motion of Alderman Sonorville, seconded by Alderman Kerrio, that the matter be referred to Staff for a report. Carried Unanimously. BESTW'LSHESTOL. PU~ Alderman Janvary made reference to LOis Putney, Assistant to the Clerk, leavin the City to take a position as Deputy City Clerk in Guelph, Ontario. Best ~shes v~re extended to Mrs. puthey cn ]~.half of Oouncil. COMMITTEE OF THE WHOLE Council met on Monday, February 28, 1983 at 6:30 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Somerville- Alderman Covilte presided as Chairman. Following consideration of the items presented, the Committee of the Whole addourned.tDL ~ormal~Session-~ ~ ~A&A,., R.E.A.~.AND ADOPTE.D_~~ B. G. SCOTT, DEPUTY CITY CLER, MAYOR WAYNE TH6MS'ON Council Chambers February 28, 1983 Council met on Monday, Rebruary 28, 1983 at 7:30 p.m. following a General INTEREST RATES ON TAX ~ Committee Session and ratified decisions made in Committee of the Whole and All members of Council were present with the exception of Alderman Merrett discussed the decrease in interest rates and expressed thE; General Committee. opinion that a report should be su~ittedto the Finance Cc~ttee regarding ~! Alderman Somerville. interest rates on tax arrears. and would ke ~ RATIFICATION OF GENERAL COMMITTEE DECISIONS ~le City Treasurer confirmed that a report had t~-n~prePared sub~ittedatthenextmeeti~3ofthe Finance emm~t ee. . It was moved by Alderman Cumnings, seconded by Alderman Coville, that the meeting adjourn. Carried Unan~usly. READ AND ADOPIED, ~*I'.12'~ MAYOR CHAF'r. B, G. SCOTT, DEPUTY CITY-C~,RP~ Report No. 105 - Chief Administrative Officer - Re: Application for Hawker & Pedlar ~icence. The report recommends that Council peruse the attached material and decide whether to issue a 'Hawker and Pedlar' Licence to Mrs. Nella Delsordo of Hamilton~ Ontario. AND Communication No. 51 - Nella's Imported Gift Store - Re: Merchandise. The communication advises of the merchandise to be offered to residents in Niagara Falls, the merchandise having been imported from Italy. AND Communication 52 - The Chamber of Commerce, Niagara Falls - Re: Hawker and Pedlar ltcence for Mrs. Rose Nella Delsordo. The communication advises that granting of the subject licence would have detrimental results to the taxpayer and to those employed in retail stores. AND Communication No. 53 - Downtown Board of Management - Re: Granting of Hawker and Pedlar ltcences. The communication expresses collective objection to the practice of a display vehicle being parked in a subdivision for the purpose of selling merchandise. It further states that there is no objection to businesses which solicit sale's over the telephone and then deliver goods to the buyer's home which does not require a Pedla~s licence. Mrs. Lorraine Castrodale addressed Council on behalf of Mrs. Delsordo and referred to the letter concerning the merchandise. In reply to questions raised Mrs. Castrodale stated that she had not read the by-law which deals with the subject licencing. ORDERED on the motion of Alderman Cunnnings, seconded by Alderman Hinsperger~ that the application be denied. The motion Carried on the following vote~ AYE: Aldermen Baker~ Chessman, Coville, Cunnnings~ Hinsperger~ Janvary~ Ketghan, Kerrto, Merrett and 0rr. NAYE: Alderman Puttick. Communication No. 54 - Daniel M. Bedard - Re: Support of Petition to Change Liquor Liconce Laws. The communication requests permission to address Gity Council to support the petition to prohibit children from being allowed in Restaurant-Taverns after 7:00 p.m. that provide live entertainment. · 2 -2- Mr. Bedard advised that he had been in contact with the local newspaper, the Children's Aid Society and the Police Department regarding his concern. The information he had received was that according to the law children are allowed to visit restaurant taverns any night of the week and there was no action which might alleviate the situation unless a petition was presented to the Liquor Licence Board of Ontario in Toronto. Mr. Bedard related incidents which he had witnessed very recently in a local restaurant tavern. ORDERED on the motion of Alderman Cheeeman, seconded by Alderman Cummings, that the communication be received and referred to staff for further information. Carried Unanimously. Report No. 106 - Chief Administrative Officer - Re: Bingo Applications - St. MatthewIs Cathedral and Niagara Falls Humane Society Auxiliary. The report recon~nands that City Council peruse the attached applications and decide whether to issue Bingo Lottery Licenoes to the above organizations to conduct electronic bingo. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville, that the application for St. Matthew's Cathedral for Bingo Lottery Licerice be approved. The motion Carried with Aldermen Cummings and Kerrio abstaining on conflict of interest, Alderman Janvary opposed, and all others voting in favour. Mrs. Pauline E. Good, President of the Niagara Falls Humane Society Auxiliary advised that the Auxiliary had been in existence a minimum of 30 years and not 3 years as was stated on the application form. This had been in error. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker, that the application for a Bingo Lottery Licence for the Niagara Falls Humane Society Auxiliary be approved. AYE: Aldermen Baker, Chessman, Coville, Cummings, Hinsperger, Keighan, Kerrio, Merrett, 0rr, and Puttick. NAYE: Alderman Janvary. Carried WELCOME MESSAGE His Worship Mayor Thomson welcomed Miss Barbara Scott, Deputy City Clerk, and Mrs. Jeanne Fry, Secretary to Council, to the Council meetings. Report No. 107 - Chief Administrative Officer - Re: Proposed Official Plan Amendment No. 140 and Zoning Amendment application AM-20/82. The report recommends that Council approve the application subject to all concerns noted in the report being satisfied and that staff prepare the required Official Plan amendment, appropriate zoning and site plan by-laws for Council's consideration. Mr. P. Van Kleef advised Council of the position of the lands in question, as well as the concern regardin8 sewage effluent which would be flowing "gravity fed" to the pumping station and pumped into the forcemain. He expressed the opinion that he did not, therefore, feel responsible for a sewer back-up. Mr. Van Kleef further advised of his contact with the Ministry of the Environment regarding a noise study. Mr. Ross Barr, owner of Scott's Trailer Park expressed opposition to the proposed amendment. Me discussed a '~rastic" drop in water pressure during July and August and stated that tests on the water pressure had been completed durinM the winter rather than during the peak season. Tests had indicated sufficient water supply. Mr. Barr expressed concern regarding sewers, the Regional PumpibM Station on Lundy's Lane, and the back-up of sewage into his basement. He expressed the opinion that the Pumping Station did not have the capacity to service th~ area and further, that the station surcharges during wet weather. Mr. Barr referred to the water table being at ground level and the seeping into the sanitary'sewer system. He discussed the alarm system. Mr. Barr advised that he had contacted the Health Department which had been unaware of the Beechwood Creek Golf Course which is apparently a run-off for the storm sewer. He dis~ueaed the health hazard resulting from the pumping of raw sewage into ditches. Mr. Barr stated his opposition to the application and suggested that there were "better areas in the City" where such a proposal could be viable. A further objection was made by Mr. Barr concerning the boundary of the -3 - of the proposed development being in a "good agricultural area" and referred to the requirement of permission from Regional Planning. Mr. Barr passed around a snapshot to members of Council showing the result of raw sewage that had been left on the ground at Kalar Road. It was later established that the snapshot had been taken at Thorold Stone Road and not in the subject area. Mr. Williams, representing KOA Campgrounds replied to questions raised regarding plans for development of the campgrounds, sewage overflow and campsites. The Director of Municipal Works reviewed correspondence with the Region, which confirmed adequate capacity at the pumping station~ and the alarm system which is activated when the sewage rises in the wet well. He explained the watermain and sewermain system in the area and advised that Staff would be constantly monitoring the situation. A discussion was held concerning the complaints received from Mr. Barr in respect to sewage back-up at his home. He was informed that the pumping station was a Regional responsibility and the sewermain was the responsibility of the City. It was suggested that Mr. Barr should register an official complaint when he has a problem in order that an investigation might be made and action taken to resolve the situation- The Director of Municipal Works stated that a TV inspection had not been done of the sewer itself since a site inspection had not warranted further action. Mr. Barr raised the issue of the boundary line once more and this was discussed further. The Planning Director advised that the matter was reviewed in the report to Council and Mr. Barr had been provided with information on this issue during a previous contact. Miss 3. Grandoni addressed Council on the legal issue concerning the Regional Policy plan amendment. She advised that she had received a legal opinion on the matter. which confirmed that an amendment was required by the City. The City Solicitor stated that the Region was of the opinion that they did not have to amend their own plan. Miss Grandoni further discussed the difficulties encountered by the City in the Shriner's Creek and Rolling Acres areas and suggested that a development in the subject area would be a repetition of previous problems since this was a recharge area for farmers. A discussion ensued regarding the possibility of running a TV camera through the line to determine the condition of the pipe. Mr. Barr stated that he welcomed the opportunity but that it was unnecessary to run the camera through since the problem did exist. Mayor Thomson suggested the difficulty might be caused by a cracked or partially collapsed pipe and Mr. Barr might have the opportunity to check his line when the City was checking. However, Mr. Barr would be required to pay for the TV camera on his property. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Chessman, that the matter be tabled for further information concerning a TV camera inspection with particular attention to Mr. Barr's li~e for which he would pay. It was further recommended that a leSal opinion should be obtained regarding Miss Grandoni's comments', and further information from the Region concerning the boundary and Regional Policy plan amendment. The motion Cart.led. with the following vote: AYE: Aldermen Baker~ Chessman, Cummings~ Goville~ Hinsperger, 3anvary~ Keighan, Kerrio and Merrett. NAYE: Aldermen 0rr and Puttick. Report No. 108 - Municipal Works Committee - Re: Drainage Problem at 8077 Sarah Street. The report recommends that the existing policy of the City of Niagara Falls be used for any backyard drainage improvements required for 8077 Sarah Street. Mr. Roy Nardwicks reviewed the difficulties which had been encountered in the subdivision with regard to water run-off. Me referred to catch basins which had been installed. However, the catch basin had not succeeded in resolving his problem-.' since the Mound ,level is lower than his neighbour's land on the south side and the new owner of the adjacent property had installed an inground pool. He related that the problem had been recognized by the City in 1976. Mr. Hardwicks discussed the possibility of a swale resolving his problem. -5 - -4- A discussion followed concerning the installation of the pool, inspection of the property, opening of catch basins which have been covered with a hedge and the setting of a precedent. Mayor Thomson referred to past problems which had been rectified on a cost-sharing basis with the City. ORDERED on the motion of Alderman Merrett, seconded by Alderman Puttick that a swale be constructed on a 50-50 cost sharing basis between the City and Mr. Hardwicks- The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Cummings, Janvary, Merrett and puttick- NAYE: Aldermen Coville, Hinsperger, Keighan, Kerrio and Orr. Communication No. 55 - Regional Councillor William Smeaton - Re: Chairs- The communication advises that Councillor Douglas Mann, a member of the Regional Finance Committee would represent Councillor Smeaton. at Council- AND Report No- 109 - Deputy City Clerk - Re: Chairs- The report advises that Councillor William Smeaton was unable to attend Council meeting on February 28 because of a previously scheduled meeting in Smithvilla, that he questioned the purchase of the chairs, and that the highest tender was not accepted- Regional Councillor Douglas Mann discussed the purchase of chairs for the Regional Headquarters with a full explanation concerning the cost of replacement the tenders submitted and gave a description of the chairs- He advised that 64 chairs were purchased for the Regional Aldermen, offices and committee rooms- ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the information be received and filed. Carried Unanimously. REPORT No. 110 - Chief Administrative Officer - Re: psychiatric Facilities Study RePort for the City of Niagara Falls- The report recommends the following: 1) That continued effort be made to obtain, by a reasonable target date, commaurN from the various agencies who have already been asked to comment on the Repor' 2) That the effort to obtain an early meeting with the Honourable Larry Grossmal continue to be pursued. there is no public health significance with respect to the findings, there will be continued monitoring of the area water supplies and the information forwarded to the City of Niagara Falls. AND Communication No. 57 - Minister of Environment Canada - Re: Quality of Drinking Water. The communication advises that monitoring programs indicate that there has been no recent deterioration of Niagara Rivet water quality and a remedial program was outlined to reduce the pollutant loading to the river. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously- Communication No. 58 - Chippaws Business Association - Re: McLeod Road Extension. The con~nunication indicates concern of the Association regarding the choice of a name for the new strip of roadway, Marineland Parkway, reviews reasons for the opposition~ and requests that Council reconsider its decision. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be received and filed. AYE: Aldermen Baker, Chessman, Coville, Cummings, Hinsperger, Merrett~ Orr and Puttick. NAYE: Alderman Janvary · Carried. REPORTS No. 111 - Chief Administrative Officer - Re: Canada/Ontario Employment Development Program. The report recommends that the By-law authorizing the Mayor and Clerk to sign three Agreements with the Employment Development Branch in connection with the above program, be approved. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 83-37 No. 112 - Chief Administrative Officer - Re: Planning Department's contingency fund. The report recommends that the Planning Department's contingency fund approved by Council for the Official Plan Consolidation Study be allocated to the planning matters identified in this report. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously- No. 113 - Chief Administrative Officer - Re: Proposed Official Plan Amendment 3) That the availability of a suitable range of residential accommodation for citizens with psychiatric problems (including but not specifically restricted{ 12. The report recommends that the Region be advised that the City of Niagara group homes), be addressed as a separate issue and, preparatory to preparingi Falls has no objection to proposed Regional Official plan Amendment No. 12 as such a report, the Planning Director meet with the representative group who ' modified in DPD 1616. were involved in the psychiatric Facility Study to elicit additional detail ~ ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Chessman, that 4) That the leasability of implementing a W.O.T.C.H. or Meadowcrest type progra~ in Niagara Falls be studied as part of the proposed residentia~ accormnodatioD programs study mentioned in (3) above. 5) That any residential proposals put forward will be subject to receiving assurance from the Province that funding for adequate support services will be made available prior to the establishing of such facilities. 6) That the City Council strongly urge both the Niagara District Health Council and the Ministry of Health to give priority to the proposal ~o provide adequate funding for the expansion of the Day Care Program p~oposal submitte~ by the Greater Niagara General Hospital. Mayor Thomson indicated that a meeting would be arranged with Hon~urable Larry Grossman as soon as possible. ORDERED 9n the Marion of Alderman Chessman, seconded by Aldermen Baker and Keighan, that the report be received and adopted. Carried Unanimously. ' Communnication No. 56 - Ministry of the Environment Province of Ontario. Re: Dioxin in the water. The communication advises that persistent efforts in monitoring the municipal water supplies in the Niagara area have shown traces of dioxin in water for the first time. The communication further advises that the perceived residential needs and how best they could be satisfied by vari~ the report be received and adopted. Carried Unanimously- housing programs (e.g. lodging homes, supervised boarding homes, group homes,i CO~{UNICATIONS sheltered accommodations, etc.)- No. 59 - Mel Swart, MLA, Welland - Thorold - Re: Floodplain Mapping. The communication refers to the controversies which ha~e arisen over floodplain mapping and proposes;changes in legislation~a copy of the proposal is enclosed- ORDERED on themotion of Alderman Cummings, seconded by Alderman Coyills, that the communication be referred to Staff for a report. Carried Unanimously. No. 60 - Regional F~nicipality of Niagara - Public Works & Utilities Department.- Re: Regional Niagara Waste Management Master Plan. The communication advises that a copy of the study on Stage 1 of the Data Collection and Terrain Evaluation is enclosed and requests the comments of Council prior to March 17, 1983. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to Staff for a report and further that as many members of Council and Staff as possible attend the March lOth, 1983 meeting- Carried Unanimously. No. 61 - Ministry of TourJam and Recreation - Re: New Incentives. The communication outlines the new incentives to encourage municipal and local involvement in tourJam development- ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the communication be received and adopted~ Carried Unanimously. - 6 - REPORTS No. 114 - Chief Administrative Off icer - Re: Employee Suggestion Committee- The report recommends that an award of $30.00 be made to Mrs. Monica Wilson- ORDERED on the motion of Alderman Cummings~ seconded by Alderman Ninsperger, that the report be rece.ived and adopted- Carried Unanimously- No. 115 - Chief Administrative Officer - Re: Site Plan Approval Proposed 46 Unit Apartment Building, Huron Street (West of Ontario Avenue)- The report recommends that the Council approve the site plan'on display at tonight's meeting, being a proposed apartment building and being sheet number A.01 dated February 25, 1983, and the site servicing plan being sheet number M.01 dated February 25, 1983, and all prepared by Howard Mark, Architect and filed with the Buildings and Inspections Department of the City of Niagara Falls on February 28, 1983, and that such approval be subject to the conditions contained therein- Mayor Thomson confirmed that a proper site plan had not been received and when it was revised in the future there will be a 56 Unit Apartment Building- ORDERED on the motion of Alderman Cur~nings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously- No. 116 - Chief Administrative Officer - Re: Reorganization of City Solicitor's Department- The report recon~nends that the information be received and filed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the report be received and f~led~i Carried Unanimously- No. 117 - Chief Administrative Officer - Re: Guide Signing - McLeod/Stanley Intersection. The report recommends that the Regional Council be requested to consider the following: 1) amending their signing procedures to allow erection of special signing at the McLeod/Stanley intersection; 2) the siSning of the Chippaws community on McLeod Road in the Stanley/Portage area. Alderman Merrett advised that the matter should be returned to the Parking and Traffic Co~nittee and return to Council for final approval. Alderman Chessman suggested that interested persons be informed of actions taken by the City. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Keighan, that the report be received and adopted. It was further recommended that the matter be returned to Council prior to final approval. Carrie~'Unanimouely- No. 118 - Chief Administrative Officer - Re: Negotiations - Local 133 Canadian Union of Public Employees. The report refers' to a report of December 20, 1982 advising Council of the mandatory provisions of the Inflation Restraint Act and attaches Memorandum of Settlement with the recommendation that Council approve this Memorandum. ORDERED on the motion of Alderman NinsperSer, seconded by Alderman Baker, that the Memorandum of Settlement be received and adopted. Carried Unapimously. No. 119 - Personnel Officer - Re: Negotiations - Local 528 Niagara Palls Professional Fire Fighters. The report attaches amendments and requests that Councll ratify these changes and pass a By-law authorizing a Collective Agreement to be signed by the Mayor and Clerk incorporating these amendments, together with the mandatory increase in salaries of 4.78% which was instituted on January 1,1983. ORDERED on the motlon of Alderman Metraft, seconded by Alderman Kerrto, that the report be received and adopted. The motlon Carried with His Worship Mayor Thomson abstainin8 on conflict of interest and all others voting in favour.. · See By-law No. 83-36. RESOLUTIONS No. 12 - KERRIO - KEIGHAN - RESOLVED that a message of condolence be extended to the family of the late Mr. George Ciampi, who passed away on February 20th, 1983. Mr. Ciampi con~enced his duties with the Municipality on January llth, 1960; A respected member of the community and dedicated municipal employee; AND the Seal of the Corporation be hereto affixed. Carried Unanimouslyr - 7- No. 13 - CUMMINGS - JANVARY - RESOLVED that a message of condolence be extended to the family of the late Mr. Victor Gill; A respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 14 - CHEESMAN - MERRETT - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby authorizes and directs that the following amounts be established as reserves and said amounts to be used for the purpose enumerated hereunder: BUDGET CODE AMOUNT 1. Planning study for Willoughby, Crowland Humberstone Official Plan update 12755 6,500 2. CSCP for Morrison road construction 13108 158,000 3. CSCP for Morrison storm sewer construction 13108 67,000 4. CSCP for Leslie Pool 13108 25,000 5. Stamford-Jack Bell arena heater panel change 12351 7,000 6. City Hall chiller 10199 8,000 7. Welland St. sidewalk - Oliver to Willoughby (ONIP) 11170 10,000 8. Recreation Five Year Plan 12020 10,000 9. Consultants report for landfill site 11508 50,000 10. Remaining fees for labour contract arbitration 10113 5,000 11. CORE building rental grant 12016 4,000 12. Niagara Falls minor hockey grant 12016 3,500 13. McLeod Rd. sidewalk - H.E.P.C. canal to Niagara Square Blvd. 11172 8,000 14. Mewburn Rd. bridge appraisal 11281 20,000 15. Oakes Park improvements (stands) 12160 26,000 16. Grassybrook watercourse improvements 12163 4,000 17. Running track line painting 12156 2,000 18. Energy conservation audit at City Hall 10197 3,000 19. Time heating cables at City Hall 10197 1,800 20. City Mull circulating pumps 10199 1,000 21. Recreation building storm windows 10214 2,000 22. Coronation Recreation building - storm windows 10215 2,100 - energy audit 1,000 23. Niagara Falls arena roof repairs 12410 8,400 AND the Seal of the Corporation be hereto affixed. 433,300 Carried with Alderman Cummings opposed to No. 8 and all others voting in favour. BY-LAWS ORDERED on the motlob of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 83-36 - A by-law to authorize an agreement with Niagara Falls Professional Fire Fighters~ Local 528 of the International Association of Fire Fighters. No. 83-37 - A by-law to authorize agreements with The Canada Employment and Immigration Commission. Carried with Mayor Thomson abstaining on No. 83-36 and all others voting in fayour, ORDERED on the motion of Alderman Chessman, seconded by Alderman Herrerr, that the following by-lawe be now read a second'and third time: -8- No. 83-36 - A by-law to authorize an agreement with Niagara Falls Professional Fire Fighters, Local 528 of the International Association of Fire Fighters. No. 83-37 - A by-law to authorize agreements with The Canada Employment and Immigration Commission. Carried with Mayor Thomson abstaining on No. 83-36 and all others voting in favour. NEW BUSINESS OPERATION OF STREET SWEEPERS Alderman Merrett referred to the operation of Street Sweepers on week-ends and at such an early time of the year. Alderman Puttick advised that he had investigated a similar complaint and had learned that the operators was receiving~ a salary under "straight time" and the snowploughs would not be operating later on and could not be utilized. ASSESSMENT REVIEW - GENERAL ABRASIVES - SEWER CHARGE Alderman Puttick made reference to a cheque in the amount of $124,376.59 which had been approved as an Assessment Court refund and returned to General Abrasives Canada. Re referred to a previous suggestion that the sewage charge be investigated. The City Treasurer replied to questions raised regarding this matter and indicated that a report would be submitted to Council at an early date. ORDERED on the motion of Alderman Puttick~ seconded by Alderman 0rr, that Staff investigate this matter and submit a report to Council. Carried Unanimously. CLOSING - NIAGARA FALLS COLLEGIATE VOCATIONAL INSTITUTE (N.F.C.V.I.) Alderman Kerrio referred to a recent con~nunication from the Niagara South Board of Education regarding ~he proposed closing of N.F.C.V.I. and future meeting with Council. ORDERED on the motion of Alderman Keighan, seconded by Alderman 3anvary, that Staff be directed to arrange a meeting between the Niagara South Board of Education and City Council. Carried Unanimously. CAR PHONE Mayor Thomson discussed the report from the Director of Municipal Works indicating that senior officials should have two-way radios in their cars. He referred to the usefulness of hls car phone in being available on a 24 hour basis. Mayor Thomson stated that the car phone had been in use in his car for approximately 4 years, and the phone had originally been approved by City Council. EDITORIAL - NIAGARA ESCARPMENT COMMISSION APPOINTMENT Mayor Thomson discussed a recent editorial which had appeared in the local newspaper concerning his appointment to the Niagara Escarpment Con~nission and expressed his pleasure on the appointment which was received during his recent absence from the City. He referred to the requirement for members of the Regional Council to allocate time for use on a Regional basis. Mayor Thomson advised of his responsibility to participate on the Con~nittees and stated ~hat additional time would not be lost in serving on the Conmittee and the Cit~ derives value from this Committee. It was moved by Alderman Cummings, seconded by Alderman Herrerr, that the meeting adjourn. Carried Unanimously. g. o. 8co , DePutY cx Y YoR w^Y. 6M 0A THIRTEENTH MEETING Committee Room #1 March 7, 1983 COMMITTEE OF THE WHOLE Council met on Monday, March 7th, 1983, at 6:00 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Merrett. Alderman Kerrio presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in open Council- READ AND ADOPTED, B. G. SCOTT,' DEPUTY CITY CLEk ~YOR WAYNE THOMSON RE~- Council Chambers March 7, 1983 Council met on Monday, March 7th, 1983, at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Merrett. His Worship, Mayor Thomson presided as Chairman. ADOPTION OF MINUTES ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the minutes of the meetings held on February 21st, and 28th, 1983, be adopted. Carried Unanimously- DEPUTATION Communication No. 62 - Keystone Kelly's - Re: Permission to hold the "Bruce Gamble Memorial"Oid~mers Hockey Tournament on Sunday, March 20, 1983, in the Stamford Memorial Arena. Mr. Rich Dekker, o~. Keystone Kelly's, discussed the Oldtimers Hockey Tournament on Sunday, March 20th, 1983 in the Stamford Memorial A3~ena rather than Jack Bell Axena. ORDERED on the motion of Alderman Puttick~ seconded by Alderman Kerrio, that permission be granted with details to be worked out in con]unction With the Recreation Department. The motion Carried with Alderman Baker abstaining on conflict of interest and all others voting in favour. UNFINISHED BUSINESS ~' REGIONAL AND MUNICIPAL GOVERNMENT - POSSIBLE DUPLICATION Communication No. 369 (1982) - Chamber of Commerce, Niagara Falls - Re: The possible duplication of services-a~d co~s~ concerning Regional and Municipal Government. ~e communication advises of a final con~nittee meeting and includes a Report of Sub-Con~nittee~ Provincial and National ~fairs Committee under separate cover. AND Report No. 120 - Chief Administrative Officer - Re: Status Report of the Chamber of Commerce - possible duplication of services and costs concerning Regional and Municipal Government. The report advises that Regional officials are preparing a statement with respect to the contents of the Chamber~s report~ and further~ that any statement by the municipality prior to examination of the Region~s co~nents would be premature. The report recommends no further action be taken by the municipality until comments from the Region become available. ORDERED on the motion of Alderman Cummin~s~ seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. -2- COMMUNICATIONS No. 63 - Regional Municipality of Niagara - Re: Proposed sale of part of the Unopened Road Allowance between Gore Lots 9 & 10 and Twp. Lot 8 in the Niagara Escarpment Area- The conmunication attaches report DPD 1629 with the following recon~aendations: 1) That the Regional Municipality of Niagara request the City of Niagara Falls Council review this proposed road closing and sale in view of the points raised in the report and consult with the parties affected- 2) That subject to recommendation no. 1 above, Regional Niagara does not object to the disposition of this issue as finally decided by Niagara Falls., This may include the closing and sale of the unopened road allowance, or other proposals as decided by the City. The communication further requests information concerning the final decision of the municipality. AND No. 64 - Bruce Trail Association - Re: Proposed sale and closure of Unopened Road Allowance referred to in Regional DPD Report No. 1629. The communication supports the approach recommended by the Region and will work with the City and principal abutting landowner, Mr. Sam Snyderman, to negotiate a suitable ease- ment for the Bruce Trail, and further, requests that the matter be referred to Staff and committee of Council. AND No. 65 - Niagara Escarpment Commission - Re: Disposal of Unopened Road Allowanc~ between Gore Lots 9 & lO and Twp. Lot 8, City of Niagara Falls. The communica- tion advises that the Niagara Escarpment Commission has no objection to the disposal of the above-noted Road Allowance to abutting property owners, but supports the aim of securing aypermanent ro~te =for-the] Bruce Tra~l. It recommend! contacting the Bruce Trail Association. The communication further states that the C.A. Grimwood property of (1.5 acres) .607 ha displays topographic limitations which may preclude the possibility of development on the lands. AND Report No. 12b - Chief Administrative Officer - Re: Sale of Part of Unopened Road Allowance between Gore Lots 9 & 10 and Twp. Lot 8 in the former Township of Stamford. The report recommends that the municipality acknowledge the concerns of the Bruce Trail Association as expressed in their letter of February 17, 1983 and the suggestions made in a report of the Planning & Development Department of Regional Niagara in their letter dated February 18th, and that both aforementioned parties be notified that the~unicipality will in the future consider the possibility of obtaining suitable easements on those roadways to be closed which are in the vicinity of the Bruce Trail. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 66 - Provincial Secretary for Social Development - Re: 1984 - Ontario's Bicentennial Year. The communication outlines the proposed celebrations of the Bicentennial year, under the theme "Celebrating Together"'and invites Council to support the celebrations. ORDERED on the motion of Alderman Kerrio~ seconded by Alderman Baker that the communication be referred to the Civic Committee for consideration. Carried Unanimously. No. 67 -Mr. Brian Sinclair, on behalf of Rick Redekop Ltd. - Re:'Proposed Mount Forest II Subdivision. The communication indicates opposition to the Fequest for monies to be used for the cost of existing services,. and further, requests that the City re-consider its position regarding sidewalks on Grouse Lane. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Kerrto, that the communication be referred to the Municipal Works Committee for consideration Carried Unentmouely. No. 68 - Joe Moreira Investments Ltd. - Re: 8errice payments required for ~.~oretta Estates Subdivision. The communication requests equal treatment -3 - and a credit of $18,855 plus interest in the amount of $2,680 regarding the Moreira Estates. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Keighan, that the communication be referred to the .Municipal Works Committee for consideration. Carried Unanimously. No. 69 - City of Stratford - Re: Resolution concerning Daylight Saving Time. The communication requests endorsation of a resolution to commence Daylight Saving Time on the last Sunday in February of each year. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the resolution be endorsed, subject to the change being made on a Provincial wide basis. Carried Unanimously. No. 70 - Ontario Track & Field Association - Re: "Run Canada Week" May 15-23, 1983. The communication advises of Canada's first Run Canada Week program and requests community support in encouraging other groups and organizations to become involved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to the Recreation Department. Carried Unanimousl7· No. 71 - Canadian Society of Respiratory Technology - Re: Proclamation of Respiratory Week - 3uly 17 to 23, 1983. The communication advises of the Society's Annual Educational Forum and General Meeting in Niagara Falls and requesting the support of Council in the form of a Proclamation declaring the week of 3uly 17 - 23, 1983 to be Respiratory Technology Week. ORDERED on the motion of Alderman Blnsperger, seconded by Alderman Cummings, that the request be approved subject to established policy. Carried Unanimously% No. 72 - Niagara Regional Health Unit - Re: Seminar on Environmental Health Implications Arising from Emergencies/Disasters. The communication advises of the seminar scheduled for May 18, 1983 in Burlington/Kitchener, on hazardous spills, fires and explosions, being sponsored by the Enviroumental Health and Accident Prevention Division of the Ontario Public Health Association and requests representation. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the Fire Chief and the Design & Construction Engineer be requested to represent the.City at the seminar. Carried Unanimously. No. 73 - Regional Municipality of Niagara - Re: Canada/Ontario Employment Development Program. The communication advises that no funds were allocated in the 1983 Budget for the removal of the Portage Road bridge over the Ontario Rydro Canal in Niagara Falls, and requests the permission of Council to transfer or use funds presently designated for City purposes under the Region's Roads Capital Construction Program for use in conjunction with the proposed demolition of the Portage Road Bridge. Mayor Thomson advised that this matter had been considered at a meeting of the Regional Finance Committee. He expressed the opinion that removal of the Portage Road Bridge over the Ontario Hydro Canal is the responsibility of the Region. Mayor Tfhomson referred to the sidewalk being well-used for pedestrian purposes. : ORDERED on the motion of Alderman Chessman, seconded by Alderman Keighan, that the Region be notified that the City strongly objects to the suggested transfer or use of funds presently designated for City purposes under the Reglon's Roads Capital Construction Program for use in con]unction with the proposed demolition of the Portage Road Bridge which is a Regional responsibility. The City recommends that the Region re-examine its roads needs to permit the bridge demolition in 1983 since this item has been outstanding for a number of years. Carried Unanimously. No. 74 - Chamber of Commerce - Re: Borrowing funds to operate City affairs. The communication offers suggestions to revise or eliminate borrowing of funds to operate City affairs until the first tax instalments are paid. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the communication be referred to the Finance Committee for consideration. Carried Unanimously. No. 75 - Chamber of Commerce - Re: Replacement in Engineering Department.' The communication suggests utilizing the manpower and expertise of the Regional -4- Engineering Department for the replacement in the Engineering Department of the City, in order to reduce cost to the City. Mayor Thomson advised Council that the Chief Administrative Officer had discussed this matter with representatives of the Region and learned that they were not aware of the interest of the Chamber of Commerce. ORDERED on the motion of Aiderman Puttick, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. -5- No. 83 - Brock University - Re: Forum "Work Futures". The communication advises of a Community Meeting to discuss Work Futures, scheduled for March 19th~ 1983 at Brock University, St. Catharines, and requests the endorsement and participation of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be received'and filed and further, that as many members of Council as possible attend. Carried Unanimously. No. 76 - Chippawa Business Association - Re: Appreciation and Grant. The communication expresses appreciation of the response of the City to the letter from the Association concerning recent armed robberies in the Chippaws area, the landscaping of Cummington Square, and the $1,000. grant received from the City in November 1982. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the communication be received and filed. Carried Unanimously. No. 77 - Bell Canada - Re: Proposal to CRTC. The conmunication refers to a previous decision of the CRTC to allow Bell Canada customers to purchase and attach their own main line telephone sets with charges set accordingly~ and encloses information concerning the advertisement placed in Ontario and Quebec daily newspapers as well as a copy of the Company's new release made in connection with the filing. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the communication be received and filed. Carried Unanimously. No. 78 - Janrielle Gallery - Re: Pictures for City Hall. The communication refers to the service offered by the Gallery and suggests that the City consider the future purchase of good quality art as an investment in conjunction with proposed renovations to City Hall. It was confirmed that renovations were not taking place at the present time. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Kerrio, that the communication be referred to Staff for future consideration. Carried Unanimously. No. 79 - Ministry of Transportation and Communications - Re: Cantunn application. The communication expresses concern for the impact on future transportation and economic developments in Southwestern Ontario in the disposal of Conrail's Canadian assets, and lack of knowledge regarding particulars of the Cantunn proposal. It further advises that the Ontario Government intends full partici- pation in any future decision-making by the Canadian Transport Commission in this regard. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman B~ker, that the communication be received and filed. Carried Unanimously. No. 80 - Half-way Sand Pit Limited - Re: Half-bad Restrictions. The communication requests an investigation into the need for half-load restrictions intended to protect road surfaces during frost break-up. Mr. Tad Allen, representing Half-way Sand Pit Limited~ stated that he would like the restriction removed on a temporary basis. He referred to the police stopping truckers when there was no real necessity of restricting the loads during the current mild winter. Mr. Allen suggested a recommendation from the City to the Region could be helpful if Regional roads are involved. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Keighan, that the request be referred to Staff for an investigation and report. Carried Unanimously. No. 81 - 0ktoberfest Nia8ara - Re: Request for Grant. The communication requests a 8rant from the City in the amount of $1,500. to assist in offsetting costs incurred during 1983. ORDERED on the motion of Alderman HinsperSer' seconded by Alderman Cummings, that the communication be referred to the Finance Committee for consideration. Carried Unanimously. No. 82 - Ontario March' of Dimes - Re: Request for Grant. The communication requests the support of City Council in approving a grant to Ontario March of Dimes for 1983. ORDERED on the motion of Alderman Somerville, seconded by Alderman Hineperger, that the communication be referred to the Finance Committee for consideration. Carried Unanimously. No. 84 - Niagara Concerts - Re: "Music Appreciation Week", April 25 to April 30, 1983. The communication requests Council to proclaim the week of April 25 to April 30th, 1983 as Music Appreciation Week. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be granted subject to the established policy. Carried Unanimously. REPORTS No. 122 - Chief Administrative Officer - Re: Request for Release, 7099 Mount Forest Lane. The report recommends that Council pass the by-law appearing on this agenda to authorize ~ release of Lot 115, Plan M-29, from the provisions of a subdivision agreement between the City and Taro Properties Incorporated. ORDERED on the motion of Alderman Janvary, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-law No. 83-43. No. 123 - Chief Administrative Officer - Re: Y.M.C.A. Fire Route. The report recommends that the necessary by-law be prepared to establish a fire route across the front~ north of the side and rear of the Y.M.C.A. building on Fourth Avenue. ORDERED on the motion of Alderman Kerrio~ seconded by Alderman Keighan, that the report be received and adopted. Carried Unanimously. No. 124 - Chief Administrative Officer - Re: Parking on Victoria Avenue. The report recommends that the Region be advised that the City has no objections to the changes in parking proposed by the Region for Victoria Avenue, between Valley Way and Bridge Street. ORDERED on the motion of Alderman Baker, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 125 - Chief Administrative Officer - Re: Stopping on Centre Street. The report recommends that the necessary by-law be prepared to prohibit stopping on Centre Street from Ellen Avenue across the frontage of Ma Aggreto's restaurant. ORDERED on the motion of Alderman Keighan, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 12~6 ~ Chief Administrative Officer - Re: Reconnection of Sanitary Sewer Laterals on Stanley Avenue from Ramsey Rd. to Don Murie Street. The report recommends that Provincial Construction Limited be authorized to undertake the reconnection of the sanitary sewer laterals to the new Regional sanitary sewer 6n Stanley Avenue between Ramsay Road and Don Murie Street under Regional contract R.N. 83-3. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. No. 122 - Chief Administrative Officer - Re: Rental of Equipment for Landfill Site 1983 - 1984. The report recommends that the tender of Nisus Construction Limited for providing a crawlet bulldozer at $24.41 per hour, and a crawler type front-end loader at $25.39 per hour, being the lowest tender received, be accepted. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hinsperger, that the report be received and adopted· Carried Unanimously. See Resolution No. 15. No. 128 - Chief Administrative Officer - Re: recommends payment of the municipal accounts· Municipal Accounts. The report - 6 - Additional information was provided on Cheques #16563, #16582, #16615, #16625, #16627 and #16675, and under $16615 the meeting attended was the O.G.R.A. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that. the report be received and adopted- The motion Carried with Alderman Cummings abstaining on Cheque #16531, Alderman Chessman abstaining on Cheques #16582 and #16675, and Alderman Hinsperger abstaining on Cheques #16519, #16624 and #16625, and all others voting in favour. No. 129 - Chief Administrative Officer - Re: Finance Committee Reports. 1) Blue Line Room - The Finance Committee recommends that Council approve the Kidney Foundation to operate the Blue Line Room for any adult special events requesting the service of alcoholic beverages on a trial basis until the end of July, 1983. Further that staff, in co-operation with the Special Committee studying arenas under the Chairmanship of Alderman Cummings, repor back to the Finance Committee regarding the Blue Line Room operation during the 1983/84 winter season. 2) Royal Canadian Legion - The Finance Committee recommends that Council approv~ a one page ad in the Legion "Convention Guide" at a cost of $350. 3) 1982 Revenue, Expenditure & Surplus Report - The Finance Conmittee Surplus report. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings,; that the report be received and adopted. Carried Unanimously. No. 130 - Chief Administrative Officer - Re: Interim Tax Levy, Year End Tax Status and Tax Losses Reports. The report recommends the following: 1) That Council adopt the following by-laws appearing on this evening's agenda~ that approve an interim tax levy with due dates of March 30th and May 13th and penalty and interest rates for default in payment of taxes of 1~ per month. 2) That the Year End Tax Status and Tax Losses reports be received for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger the report be received and adopted. Carried Unanimously. ~See By-law No. 83-41 and By-law No. 83-42 that No. 131 - Chief Administrative Officer - Re: 1983 Insurance Premiums. The report recommends that the insurance premiums for the City of Niagara Falls be approved in the total of $126,124 ~or the year 1983 as outlined on the attached statement. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrlos that the report be received and adopted. Carried Unanimously. No. 132 - Chief Administrative Officer - Re: Advance Fuel Control System at Municipal Stores. The report recommends that the City purchase a Vertek Fueler Mark IV self service fuel control system for installation at the City Service Centre at a cost of $13,914 plus Provincial Sales Tax with the view that if it is as successful as anticipated, that it be expanded to the Southend Depot at a later date. During a brief discussion the Maintenance & Operations EnStneer advised that the Vertek Fueler Mark IV could be operated either manually or automatically. ORDERED on the motion of Alderman Ninsperger, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 133 - Chief Administrative Officer - Re: Extension of Development Plan Approval - King's Inn Motor Lodge, 5525 Ferry Street, Niagara Falls.. The report recommends that the City Council approve a two year extension of the DeVelopment Plan to March 21, 1985. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesmaj, that the report be received and adopted. ~a~r~te~=Unanimously. - 7- No. 134 - Chief Administrative Officer - Re: Site plan approval - proposed Formula Fun Centre - Murray Street and Buchanan Avenue. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed Formula Fun Centre and being sheet number A-1 and filed with the Buildings and Inspections Department of the City of Niagara Falls on March 3, 1983, and that such approval be subject to the conditions contained in the report- ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 135 - Job Creation Committee - Re: Application for I.L.A.P Designation City of Niagara Falls. The report recormnends that Council authorize the immediate submission of the application to designate the City of Niagara Falls under the I.L.A.P. Program. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Keighan, that the report be received and adopted. Carried Unanimously. No. 136 - Job Creation Committee - Re: Canada/Ontario F~nployment Development program. The report provides information on the subject program. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously- No. 137 - Mayor Wayne Thomson - Re: Future Disposition of Pyramid Place. The report recommends that the City of Niagara Falls immediately contact Federal authorities in order to obtain their participation in the preparation of a feasibility study on the future use of Pyramid Place. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Keighan, that the report be received and adopted. Carried Unanimously- No. 138 - Chief Administrative Officer - Re: Contract S.S. 2-68, Queen Victoria Park and Supreme Court Action by Fermino Susin against City of Niagara Falls and Thomas H. Won. The report recommends the following: 1) That Council decide whether it wishes to confirm the decision made by the former Council in Committee-of-the-Whole to settle the outstanding court action against the City for an additional payment by the City to Fermino Susin of $28,500. in full settlement of his action against the City subject to an agreement being reached with the first mortgagees of the property formerly owned by Botyaneki Niagara Centre Limited, as vendors, and the purchaser of the property. 2) If Council approves the settlement, that it pass the by-law furnished herewith authorizing the agreement attached to the by-law, which has now been executed by the vendors and purchaser of the property, and the settlement of the action. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman 0rr, that the report be received and adopted. Carried Unanimously- See By-law No. 83-46. RESOLUTION No. 15 - KERRIO - HINSPERGER - RESOLVED that the tender of Nisus Construction Limited for providing a crawler bulldozer at $24.41 per hour, and a crawler type front-end loader at $25.39 per hour, being the lowest tender received, be accepted; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 16 - CHEESMAN - JANVARY - RESOLVED that a message of condolence be forwarded to the family of the late Miss Dorothy Brown, a former employee of the City of Niagara Falls and respected resident of the Municipality; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. - 8 - BY-LAWS ORDERED on the motion of Aldeman Hinsperger, seconded by Alderman Cununings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 83-41 - A By-law to provide for an interim levy of taxes. No. 83-42 - A By-law to provide for the collection of interim taxes for the year 1983. No. 83-43 - A By-law to authorize a release. No. 83-44 - A By-law to amend By-law No. 79-200. No. 83-45 - A By-law to provide monies for general purposes. No. 83-46 - A By-law to authorize the execution of an agreement with Samuel Greenspan and others and the settlement of an action against the Corporation. Carried with Alderman Keighan abstaining on Clause "C", 83-42 and all others voting in favour. ORDERED on the motion of Aideman Hinsperger, seconded by Alderman Cummings, thati? the following by-laws be now read a second and third time: No. 83-41 - A By-law to provide for an interim levy of taxes. No. 83-42 - A By-law to provide for the collection of interim taxes for the year 1983. No. 83-43 - A By-law to authorize a release. No. 84-44 - A By-law to amend By-law No. 79-200. No. 83-45 - A By-law to provide monies for general purposes. No. 83-46 - A By-law to authorize the execution of an agreemen't with Samuel Greenspan and others and the settlement of an action against the Corporation. · Carried with Alderman Keighan abstaining on Clause "C", 83-42 and fayour. NEW BUSINESS .u,.TIcULTuRE NIAGARA COUNCIL - APPOI.TMEN S His Worship Mayor Thomson reviewed a letter from Mrs. Mary Hughes:, President of Multiculture Niagara Council dated March 7th, 1983. The communication outlined the progress and proposed activities of the Council, and requested that City Council formally appoint two representatives to the Board of Directors of Multiculture Niagara Council. owERED on the motio. of A,derman Cu=ings, seco.ded by Alderman th.t Aldermen Baker and KelBhan be appointed to the Board of Directors of Hulticulture Niagara Council. Carried Unanimously. UPDATE REPORT ON ARENA OPERATIONS COMMITTEE rm I Alderman CumminSs advised Council of a meeting with representatives of Niagara Falls Minor Hockey Association and the Recreation Commission scheduled for Wednesday, March 9th, 1983. Alderman Cummings further advised Council of recent activities in connection with a Junior "A" Franchise promotion and obtaining coMnitments for the purchase -9- of season's tickets. He further discussed the promotional activities planned for Niagara Square. Mayor Thomson discussed the need to keep up the momentum and interest in connection with a team for Niagara Falls and expressed confidence of success. WHIRLPOOL ROAD BRIDGE Alderman Cummings discussed complaints he had received concerning the Whirlpool Road Bridge. It was learned that sections of the bridge had been taken apart, and children on bicycles were playing in the area. Alderman Cummings requested that the Chief Administrative Officer investigate this matter. LIGHT STANDARDS - BRIDGE STREET & VICTORIA AVENUE - and - BRIDGE ON VICTORIA AVENUE NEAR BUTTREY STREET Alderman Puttick referred to light standards on the corner of Bridge Street and Victoria Avenue which require paint, and further, the bridge on Victoria Avenue near Buttrey Street which requires paint on the railings. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman that the Region be asked to paint the light standards and railing. Carried Unanimously. BEST WISHES R. W, RODMAN Mayor Thomson made reference to R. W. Rodman, Director of Municipal Works, who has been employed with the City of Niagara Falls for 17 years and has been appointed to the Ontario Municipal Board. Mayor Thomson expressed appreciation, congratulations and best wishes on behalf of the City. It was moved by Alderman Cummings, seconded by Alderman Janvary that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, B. G. SCOTT, DEPUTY CITY MAYOR WAYNE THOMSON FOURTEENTH MEETING Committee Room #1 March 14, 1983 Council met on Monday, March 14th, 1983 at 6:30 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Hineperger. Alderman Somerville presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose to report in Formal Session. READ AND ADOPTED, B. G. SCOTT, DEPUTY CITY CLERB MAYOR WAYNE THOMSON Council Chambers March 14, 1983 Council met on Monday, March 14th, 1983 at 7:30 p.m. following a General Committe~ Session and ratified decisions made in Committee of the Whole and General Committee. All members of Council were present with the exception of Alderman Hinsperger. His Worship, MAyor Thomson presided as Chairman. RATIFICATION OF GENERAL COMMITTEE DECISIONS COMMUNICATIONS No. 85 - Ontario Ministry of Labour - Handicapped Employment Program. The communication explains the purpose of the Handicapped Employment Program and invites the submission of a proposal for a summer project with a deadline of March 25, 1983. ORDERED on 'the motion of Alderman Cheesman, seconded by Alderman Somerville, that the communication be referred to the Special Committee for Physically Disabled, and the Personnel Department and the Social Planning Council. Carried Unanimously. No. 86 - Department of Secretary of State - Use of City Hall Facilities for Citizenship Purposes. The communication ~onfirms the request from Mr. A1 Cordon Manager of the St. Catharines Office, requesting use of Council Chambers for Courts on a regular basis. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the communication be referred to the City Clerk~s Department to coordinate the use of City Hall facilities. Carried Unanimously. No. 87 -Hannon Lumber Distributors Inc. - Weight restrictions on roads. This communication expresses concern regarding rec~nt weight restrictions placed on roads in the area of the organization and requests a solution to the problem. The Design & ConStruction Engineer confirmed that a policy has been established which allows a permit to be issued specifying the use of full loads, upon request. It was further confirmed that the Region has a similar policy which would apply to roads under Regional jurisdiction. Mayor Thomson suggested that the Region be contacted in~nediately in this regard. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be referred to the Municipal Works Committee with the recommendation that the restrictions regarding half loads be removed at this time. Carried Unanimously. No. 88 - Downtown Board of Management - Proposed closing of 'Niagara Falls Collegiate Vocational Institute. The communication refers to plans for downtown revltalization and requests that Council consider its arguments s~pporting the continued utilization of the facility. ORDERED on the motion of Alderman Keighan, seconded by Alderman Baker, that the communication be considered at the forthcoming meeting between the Niagara South Board of Education and City Council. The motion Carried with Alderman Chessman abstaining on conflict of interest and.all others votlng in fayour. - 2 - No. 89 - Youth Across Canada with Mentally Retarded (Y.A.C.M.R.) - request financial assistance. The communication outlines the goals of the newly formed youlJl group and requests a one-time grant tn the amount of $150.00. OR|}I'Hfl'H) on tile motion of Alderman Cheesman, seconded by Alderman Janvary, that the cnnmnmication be referred to the F~nance Co~ttee for consideration. Carried Unanimonsly. No. 90 - Niagara Peninsula Conservation Authority - Flood Plain Management Pol icy (October 28, 1982) Registration of Flood Hazard Agreement on Property Til, lo (Sections 5.2 and 5.4). The communication refers to the concerns expressec~ by local reatdenLs regarding tile above named, notification to five property owners affected by tile policy,' and plans to review assessment rolls, identify p sod contact flood plaln landholders within the jurisdiction of the agency. { ORDERED on Lhe motion Of Alderman Merrett, seconded by Aideman err, that the ~: cc4mllunication be received and filed. Carried Unanimously. '- No. 91 - Beechwood Golf Clnb- Flood Plain biapping. The communication expresses oppo.'dtion to the process used for flood plain mapping and its approvals, specifically In tile City of Niagara Falls. Council members discussed methods of notifying resh|ents regarding the flood plain mapping policy, the actions take,~ by othur {nunicipalities in the area and the input which it is hoped will be received from affected residents. ORDERED ou the motion of Alderman Chessman, seconded by Alderman Merrett, that a meeting be arranged between ~he Niagara Peninsula Conservation Authority, Mr. Brian Antonsen, PresldeBt of ~he 'Be~chwood 'Golf Club, and interested persons ~onsider ~ho problem. ~rried Unanimously. No. 92 - Shamrock Boxing Club - Reconsider grant. The communication outlines the bigtory, activities and goals of the Club to benefit young people of the Glenview and surronndlng areas who are financially unable to join fitness clubs. 11 is requested that Council reconsider its negative decision and grant the Shamrock ~x Club a gran~ in the ~ount of $2,000. ORDERED on the motion of Alderman ~r, seconded by Alderman Coville, that the cosmun[cation be referred [o the Finance C~ittee for consideration. Cart ~ed ~animously . No, 93 - [\~uald M. l~Fazio for Elizabeth Beniac - Beniac's Grocery Store. 'll~e c~m~uunication refers to Beniac's Grocery Store, 5~71 ~c~nald Avenue, Niagara hlls and ~o %he r$cent designation regardi~ no parki~ on ~cDonald Av~nue fr{Ns KitcheneP Street to ferns Street. ~e request is made for two parkilk~ places in front of the store to acc~Mate a ca jot Comply ~hfch pLas ~x reathk~ the store and $enerati~ jobs and t~l revenue. ORDE~E~~ on ~he ~tion of Alderman ~r, seconded by Alde~an Kerrio ~hat the ~'~nunication be referred ~o S~f for i~ves~iSation. ~e ~o~i,:'t Carried with .REIFORrS No. l~9 - Chief Ak~ninistrative Officer - Ks: ~i~o Lottery Femuit - Teiefriend ln<. 'lhe re~r[ re<cmmeUds that Council peruse ~e attached applica=ion and decide whether to issue a Bin~o Lottery Femit to ~ke ab~e organiza~iu~. C~mluu[~atiQn 1~.~. 9~ . C~amblir~/L~imirult Mc~i~orin~ Committee - Withhold ILcence until Tele~rie~ s~t~sf[es reqai~nents. The coumaun~cation advises r_hat Te[efri~ is nc~ CQnformitkt, te term8 and ~o~d[~ions of the Ministry of Consumer and Ckxt~ner~ial Relations ~ requests t~at r~ke requested ticsnee for hhxg~ he ~[4 ~k~l req~iremeu~ are ~et. MI-. 'r~ny Ga[lu~<[ r~prese~'.ed TeIefriead L~c. at tke C~uncii meeting ~d - 3 - Farms- The report recommends that the Region be advised that the City of Niagara Falls has no objection to the revised policies for severances of surplus farm dwellings as outlined in DPD 1624. ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously- No. 141 - Chief Administrative Officer - Re: Canada/Ontario Employment Development Program. The report recommends that the by-law authorizing the Mayor and Clerk to sign three Agreements with the Employment Development Branch, Canada Employment and Immigration Commission, in connection with the above program, be approved. ORDERED on the motion of Alderman Keighan, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously- See By-law No. 83-51. No. 142 - Chief Administrative Officer - Re: Ontario Municipal Personnel Association- The report recommends that the Personnel Officer, Mr. A.L. Jobey, be authorized to attend the Spring Workshop of the Ontario Municipal Personnel Association to be held in London, Ontario from April 6 to 8th, 1983. ORDERED on the motion of Alderman Chessman, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously- No. 143 - Chief Administrative Officer - Re: Extensions of Draft Approval of Subdivisions - 1) Kingsview Subdivision 26T-25184; 2) Augurusa Subdivision 26-T76098- The report recommends that Council support forwarding to the Ministry of Municipal Affairs & Housing, a further 3 month extension of draft plan approval for the Kingsview and Augurusa proposed subdivisions, and once a subdivision sign is erected a further one year extension would be supported. ORDERED on the motion of Alderman cummings, seconded by Alderman Baker~ that the report be received and adopted- Carried Unanimously- See Resolution No. 19 and Resolution No. 20. No. 144 -'Chief Administrative Officer - Re: Tenders for Hydraulic Cleaning of Sewers & Culverts, and Television Inspection of Sewers - 1983. The report recommends that the following tenders be accepted: 1) ~ydraulic Cleaning of Sewers & Culverts - Bob Robinson Construction Limited- 2) T.V. Inspection of Sewers - Trans-Video Inspection Ltd. In reply to questions raised concerning formerly discussed problems at the corner of Lundy's Lane and Garner Roads the Design & Construction Engineer advised that two sewers on Lundy's Lane had been inspected and it appeared that the current problems were on City owned,property in front of MIF. Barr's land. ORDERED on the motion of Alderman Chessman, seconded by Alderman Coyills, that the report be received and adopted. Carlied Unanimously. See By-law No. 83-47 and By-law No. 83-48. No. 145 - Chief Administrative Officer - Re: Adjustment to the purchase price of lots in the Falls Industrial Park and Falls Industrial Park Extension. The report recommends that the sale price of lots in the above-referenced industrial subdivisions be increased from the existing rate of $15,500. per acre to $18,800. per acre and that the increase take effect on 3une let, 1983. ORDERED on the motion of Alderman Keighan, seconded by Alderman errs that the report be received and adopted. Carried Unanimously. No. 146 - Chief Administrative Officer - Re: Consultant Reports, Leslie Pool - C.S.C.P. The report recommends that the City of Niagara Falls obtain the services of W.P. London and Associates Limited to carry out engineering work for the renovations at the Leslie Pool which will be done under the Community Services Contribution program. ORDERED on the motion of Alderman Orr~ seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining on a conflict of interest and all others voting in fayour- -4- No. 147 - Chief Administrative Officer - Re: One foot reserves in Westwood Village, Registered Plan No. N.S. 42. The report recommends that Council pass the by-law on tonight's agenda to establish certain one foot reserve lots as public highways. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 83-53. No. 148 - Chief Administrative Officer - Re: Acting Director of Municipal Works. The report recommends that the current Design & Research Engineer~ Mr. Larry Cares, be appointed Acting Director of Municipal Works pending the filling of the vacancy created by the resignation of Mr. R.W. Rodman. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 83-54. No. 149 - Chief Administrative Officer - Re: Exemption of Lots 8, 12, 24, 26, 36, Registered Plan M-78, iron Part Lot Control. The report recon~nends that Council pass the By-law on this agenda to exempt Lots 8, 12, 24, 26 and 36, Registered Plan M-78 from part lot control. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 150 - Chief Administrative Officer - Re: report recommends the following: See By-law No. 83-55. Status of Subdivisions. The 1) That the recommendations suggested for each subd irision be endorsed and approved; 2) That the interim financing policy used for the Dorchester Village Subdivision be adopted as the financing policy for the City of Niagara Falls for all future subdivisions (see Appendix "A"). ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the report be received and adopted. Carried Unanimously. No. 151 - Chief Administrative Officer - Re: General Abrasives Assessment Appeal and Assessment Appeal Procedures. The report recommends that this report be received and filed. A brief discussion followed concerning tax appeals and pollution control. ORDERED on the motion of Alderman Puttick, seconded by Alderman Kerrio, that the report be referred to Committee of the Whole for furthe~ discussion, and ~h~a~Mr. D~v~ Rqs~er he asked to attend. Carried Unanimously. No. 152 - Chief Administrative Officer - Re: The Buildings and Inspections Department Report for February 1983. The report advises that a total of 83 permits were processed in February for an estimated value of $1,595,100., which included 32 building permits representing an estimated constructiou value of $1,395,500. ORDERED on the motion of Alderman Cummings, seconded by Alderman,0rr, that the report be received and filed. Carried Unanimously. No. 153 - Committee of the Whole - Re: Local 133 - Canadian Union of Public Employees. The report recommends that in accordance with .the optional provision contained in the Inflation Restraint Act~ the mandatory minimum increase of $750.00 already incorporated in the 1983 wage and salary schedules fbr members of Local 133, C.U.P.E. be increased to $900.00. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the report be received and adopted. The motion Carried with Alderman Janvary abstaining on a conflict of interest and all oth~A voting in fayour. No. 154 - Committee of the Whole - Re: Executive, Supervisory' and Secretarial Salaries. The report recommends that the salary schedules for the above classifications of employees be increased by 5% with a maximum increase of $1600.00 and a' minimum increase of $900.00 ORDERED.on the motion of Alderman Somerville, seconded by Alderman Kerrio, that -5- the report be received and adopted- The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Keighan, Kerrio, Merrett, Orr and Somerville- NAYE: Aldermen Coville, Cummings, Janvary and Puttick. No. 155 - Chief Administrative Officer - Re: Council Chambers- The report recommends that the account be paid to Dino's Sound Cove for the installation of the speaker system in the Council Chambers- ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings, that the report be received and adopted- Carried Unanimously- VERBAL REPORTS His Worship, Mayor Thomson reported verbally that the Finance Committee had recommended the adoption of the following reports: No. 1 - Mayor Thomson - Re: Temporary Borrowing- The Finance Committee recommends that Council amend By-law No. 83-1 to authorize current borrowing to a limit of $15,000,000-00 ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted- Carried Unanimously. See By-law No. 83-52- No. 2 - Mayor Thomson - Re: Niagara Falls Review - Advertisement in progress Edition- The Finance Cor~nittee recommends that Council approve the payment of $361.12 for an advertisement in the progress Edition of the Niagara Falls Review- ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, ~hat the report be received and adopted- Carried Unanimously. - Re: Niagara Falls Canada, Visitor & Convention Bureau- No. 3 - Mayor Thomson recommends that Council approve an advance in-.t~e amount The Finance Committee of $10,000. to the Niagara Falls Canada, Visitor & Convention Bureau against the 1983 apportionment of the Bureau. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the ~eport be received and adopted- Carried Unanimously. RESOLUTIONS No. 17 - CEEESMAN - BAKER - RESOLVED that pursuant to the Public Transportation and Highway Improvement Act, the Council of the Corporation of the City of Niagara Falls hereby requests an allocation of subsidy funds for public transport- ation in the amount of $9,215.00~ for the Capital Assistance programme; AND the Carried UnanimouslY. Seal of the Corporation be hereto affixed- No. 18 - 3ANVARY - CHEESMAN - RESOLVED that a message of condolence be forwarded to the family.of..the .~a%e~s. Violet Finbow, a respected resident of the MunicipalitY- Carried UnanimouslY. No. 19 _=CUMMIN6S - BAKER - RESOLVED that the Council of the City of Niagara Falls supports a 3 month extension of draft plan approval for the ,,Kingsview" proposed plan of subdivision - File No. 26T-25184, and the Ministry of Municipal Affairs and Housing be so advised; AND the Seal of the Corporation be hereto affixed- Carried Unanimously-. No. 20 - CUMMINGS - BAKER - RESOLVED that the Council of the City of Niagara Falls supports a 3 month extension of draft plan approval for the "Augurusa~ proposed plan of subdivision - File No. 26T-76098, and the Ministry of Municipal Affairs and Housing be so advised; AND the Seal of the Corporation be hereto affixed. Carried Unanimously ~ By-LAWS ORDERED on the motion of Alderman Merrett~ seconded by Alderman Kerrio, that -6- leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 83-47 - A By-law to authorize the execution of an agreement with Trans-Video Inspection Limited for the television inspection of sewers. No. 83-48 - A By-law to authorize the execution of an agreement with 284612 Ontario Limited for the hydraulic cleaning of sewers and culverts. No. 83-49 - A By-law to authorize an agreement with Nisus Construction Limited for the supply of equipment for the City's sanitary landfill site. No. 83-50 - A By-law to authorize the execution of a licence agreement with John Miller. No. 83-51 - A By-law to authorize agreements with The Canada Employment and Immigration. No. 83-52 - A By-law to authorize the borrowing of $1~,000,000.00 for current expenditures for the year 1983. i No. 83-53 - A By-law to establish certain one foot reserve lots as public highways.. No. 83-54 - A By-law to appoint an Acting Director of Municipal Works. No. 83-55 - A By-law to designate certain land not to be subject to part lot control. No. 83-48 - No. 83-49 - No. 83-50 - Carried Unanimously. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: No. 83-47 _ A By-law to authorize the execution of an agreement with Trans-Video Inspection Limited for the television inspection of sewers. A By-law to authorize the execution of an agreement with 284612 Ontario Limited for the hydraulic cleaning of sewers and culverts. A By-law to authorize an agreement with Nisus Construction Limited for the supply of equipment for the City's sanitary landfill site. A By-law to authorize the execution of a licence agreement with John Miller. t No. 83-51 _ A By-law to authorize agreements with The Canada Employment and Immigration. No. 83-52 - N~o. 83-53,.- No. 83-54 - No. 83-55 - A By-law to authorize the borrowing of $15,000,000.00 for current expenditures for the y~ar 1983. A By-law to establish certain one foot reserve lots as public highways, A By-law to appoint an Acting Director of Municipal Works. A By-law to designate certain land not to be subject to part lot control. Carried UnanimoUsly. NEW BUSINESS A. N. MYER CURLING TEAM - ONTARIO CHAMPIONSHIp Alderman Cuffshinge advised that the first year tournament for the All Ontario Junior Mixed Curling Championship was held in Southampton, Ontario. The A. N. Myer Team comprised of Rob Brandwood, Skip, Linda Johnston, Vice-skip, grin Van Wyngaarden~ SecOnd, and Tom Knight, Lead, succeeded In wlnntng the title. ORDERED oJ~ the motion of A~d~r~,Cumm~n~s.. sgcoaded.!by' Alde~m~n Kerrio'th~t..a letter -7 - of congratulations be sent to the team, and that the matter also be referred to the Recreation Department to arrange for suitable awards at a convenient date. Carried Unanimously- WESTLANE SECONDARY SCHOOL - SENIOR GIRLS VOLLEYBALL TEAM Alderman Cheesman advised that this past week-end the senior girls Volleyball team had represented the area in Windsor, Ontario, at an all- Ontario Senior Girls VolleyBall Tournament. He suggested that a%tho~ghlth~y did not win, they acquitted themselves well and suggested a letter might be forwarded to them. ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that a letter of congratulations be forwarded to the team. Carried Unanimously. WORK FUTURES FORUM - BROCK UNIVERSITY Alderman Janvary referred to the Forum on "Work Futures" to be held on March 19th, 1983 at Brock University and requested that as many people as possible attend the Forum. LETTER OF CONDOLENCE - FAMILY OF MRS. VIOLET FINBOW Alderman Janvary advised Council that Mrs. Harold Finbow had passed away very recently and that a letter of condolence should be forwarded to the family. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cheesman, that a letter of condolence be forwarded to the family of Mrs. Violet Finbow. Carried Unanimously- SEMINAR FOR NEW COUNCILLORS Alderman Janvary expressed appreciation for the opportunity to attend a recent Seminar for new Councillors which highlighted the new Planning Act with visual presentations- A session entitled "Introduction to Municipal Government", "Revisions to the Conflict of Interest Act" and discussions on the Assessment Department and Municipal Finance, Management and Restraint were informative- Alderman Janvary advised that the Planning Department would be completing a summary with recommendations. SMOKE DETECTORS Alderman Cummings asked that staff contact the City of Kingston in order to obtain a copy of their by-law concerning smoke detectors. It was moved by Alderman Puttick, seconded by Alderman Cummings, that the meeting adjourn. Carried Unanimously. ~EAD AND ADOPTED, B. G. SCOTT, DEPUTY CITY CLERK MAYOR WAYNE THOMSON FIFTEENTH MEETING Committee Room #1 March 21, 1983 COMMITTEE OF THE WHOLE Council met on Monday, March 21st, 1983 at 6:30 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Hinsperger- Alderman Chessman presided. as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ " ~ \ MAYOR WAYNE THOMSON Council Chambers March 21, 1983 Council met on Monday, March 21st, 1983 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Hinsperger- His Worship, Mayor Thomson presided as Chairman and offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Merrett, seconded by Alderman Somerville, that the minutes of the meetings held on March 7th and 14th, 1983 be adopted. Carried Unanimously. NIAGARA FELLOWSHIP OF THE DISABLED - DRAW His Worship, Mayor Thomson drew the winners for a draw which was sponsored by the Niagara Fellowship of the Disabled. The winners were: 1) Geoffrey Shannon, 5699 B~ng Avenue, Niagara Falls, Ontario; 2) Kristine Nash, Mettler Road, Fenwick, Ontario; 3) Dave Sauve, 298 Commando Street, Welland, Ontario. pRESENTATION EDDIE JACOBI - ONTARIO "TIMMY" FOR THE EASTER SEAL SOCIETY - 1983 His Worship, Mayor Thomson presented 11 year old Eddie Jacobi of Niagara Falls, with a framed picture of the Falls andsFlag of the City. Eddie had been selected by The .Easter S~al Society of Ontario to be "Timmy" for 1983. Mayor ThOmson expressed appreciation on behalf of the connnunity to Eddie for being an "'ambassador" and wished him success. UNFINISHED BUSINESS Report No. 156 - Chief Administrative Officer - Re: Bingo Lottery Permit - Telefriend. Inc. The report recommends that the application of the aforementioned organization for a Bingo Lottery Permit be received and filed. It was noted that Telefriend Inc. has now requested that their application be withdrawn at this time· ORDERED on the motion of Alderman Baker, seconded by Alderman Coyills, that the report be received and filed. The motion Carried with Aldermen Cummings, Janvary~ Keighan~ Kerrio~ Merrett, Orr~ and Puttick abstaining on conflict of interest since they participate in organizations which conduct bingos~ and all others voting in favour. Report No. 157 - Chief Administrative Officer - Re: pedestrian Walkway No- 48(2) from Village Crescent Easterly to Frontenac Street. The report recommends that Council consider the submission by Mrs. Kathy Murray and indicate whether it wishes to confirm its original decision that the above walkway be closed· [. -2- Mrs. Kathy Murray, 5963 Corwin Avenue, Niagara Falls, addressed Council on behalf of her mother and father-in-law, who live at 6012 Frontenac Street, are elderly and would encounter difficulties with the changes and limits to their life styles should a decision be made to close the walkway. She expressed appreciation that Council was giving consideration to this problem. Mrs. A. Mancuso, 6075 Village Crescent, Niagara Falls, related the difficulties she and her family have met while living adjacent to the walkway, i.e., damage to property, stolen articles as well as physical dangers. A discussion ensued regarding the possibility of a 6' fence being constructed, fencing the entrances of walkways to avoid vehicular use and lights to decrease vandalism, the possible purchase by property owners of the land if the walkway was closed as well as the estimated cost of remedial measures. ORDERED on the motion of Alderman Chessman, seconded by Alderman Puttick, that the matter be tabled for one week for staff investigation and report. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Coville, Cummings, Kerrio, Merrett, Orr, Puttick and Somerville. NAYE: Aldermen Janvary and Keighan. COMMUNICATIONS No. 95 - Main and Ferry Business Association - Re: Peach Queen Festival - 1983. The communication advises of proposed plans for the 1983 Peach Queen Festival and requests a grant in the amount of $2,500. to cover expenses. ORDERED on the motion of Alderman Keighan, seconded by Alderman Kerrio, that the communication be referred to the Finance Committee for consideration. Carried Unanimously. No. 96 - The Evening Tribune - Re: Special Edition, 75th Anniversary of Welland County General Hospital. The communication advises that a special edition will be published to mark the hospital's 75th anniversary and requests the participati of the City. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the communication be received and filed. Carried Unanimously. No. 97 - The Regional Municipality of Niagara - Re: Water and Sewage Flows by Municipality, Monthly Report for January 1983. ORDERED on the motion of Alderman Chessman, seconded by Alderman Somerville, that the report be received and filed. Carried Unanimously. No. 98 - Ministry of Transportation and Communications . Re: Municipal Transit Subsidy Terms for 1983 Fiscal Year. The communication discusses cost effective- ness and operational efficiencies being emphasized during t~e current economic period and submits a list of revised per capita ceiling levels for the 1983 fiscal year, categorized for four Population groups. AND No. 99 - Niagara Transit _ Re: M.T.C. Subsidies _ 1983. The communication advises that the recent announcement regarding per capita ceilings on transport~ti0i for the physically dlsabled would have no impact on earlier figures submitted to the Finance Committee. ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary~ that the communications be received and filed. Carried Unanimously. No. 100 - Federation of Canadian Municipalities (FCM) - Re: 1983 Fees. The communication discusses the increased activities and new services offered by the Federation and submits the proposed fee structure for 1983. ORDERED on the motion of Alderman Chessman, seconded by Alderman Putt'ick, that the membership in the Federation of Canadian Municipalities be approved. The motion Carried with the following vote: AYE; Aldermen Baker, Chessman, Coyills, Janvary, Keighan, Merrett, Puttick and Somerville. NAYE: Aldermen Cummings, Kerrio and 0rr. No. 101 - The ~egional Municipality of Niagara - Re: Group Homes in Residential Neighbourhoods. The communication advises of recommendations of the Regional -3 - Planning and Development Committee concerning location and types of Group Homes. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cheesman, that the communication be received and filed, and the recommendations referred to the planning Committee with a copy to Social Planning Council- Carried Unanimously- REPORTS No. 158 - Chief Administrative Officer - Re: Exemption of Lots 76, 77, 78 & 79 and Part Lots 75 & 80, Registered Plan 108, from part lot control- The report recommends that Council pass the by-law on this agenda to exempt Lots 76, 77, 78 & 79, and Part of Lots 75 and 80, Registered Plan No. 108 from part lot control- It is further recommended that any costs arising from the registration of the by-law, following its approval by The Regional Municipality of Niagara, be paid by the applicant. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously- See By-law No. 83-57. No. 159 - Chief Administrative Officer - Re: Request for Release of Lot 51, Plan M-29, 2621 Olden Avenue, Niagara Falls. The report recommends that Council pass the by-law appearing on this agenda to authorize a release of Lot 51 according to Registered Plan M-29 from the provisions of a subdivision agreement between the City and Taro Properties Incorporated dated November 20, 1974 and registered as Instrument No. 232482, as amended by an agreement dated August 29, 1975 and registered as Instrument No. LT-2013. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See By-law No. 83-59. No. 160 - Chief Administrative Officer - Re: Request for Release, Lots 28, 33, 34, 35 and 36, Plan M-53, Charnwood Avenue. The report recommends that Council pass the by-law appearing on this agenda to authorize a release of Lots 28, 33, 34, 35 and 36 according to Registered Plan M-53 from the provisions of a subdivision agreement between the City and Ontario Housing Corporation dated September '3rd, 1976 and registered as Instrument No. LT-4935- ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett~ that the report be received and adopted. Carried Unanimously. See By-law No. 83-58. No. 161 - Chief Administrative Officer - Re: Purchase of remaining properties for improvement of River Road - Queen Street entrance- The report recommends that offers to purchase for the sums specified in the report be prepared and submitted to the owners of the properties known as 4187 and 4190 Queen Street. A brief discussion followed regarding the basis for evaluation of the properties and the policy of expropriation- ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the City.proceed with~expropriation .e~ bo~h.p~Opa~ti~S~ -.The mDt:~on ~arried WiSh the following vote: AYE: Aldermen Baker, Chessman, Coyills, Cun~jings,-3anvary, Keighan, Kerrio, Merrett, 0rr and Somerville. NAYE: Alderman"Puttick. No. 162 - Municipal Parking & Traffic Committee - Re: Agreement with Canadian Corps of Commissionaires. The report recommends that the by-law authorizing an Agreement with the Canadian Corps of Commissionaires, which appears later in the agenda, be passed. ORDERED on the motion of Alderman Merrett, seconded by Alderman Keighans that the report be received and adopted. Carried Unanimously. See By-law No. 83-60. No. 163 - Chief Administrative Officer - Re: Tender for Materials - 1983. The report recommends that tenders included in the report for materials be accepted. ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker~ that the report be received and adopted. Carried Unanimously. -4- No. 164 - Finance Committee - Re: 1983 Water Budget & Rates. The report recommends that Council approve the following: 1) The 1983 Water Supply System budget. 2) The amendments to the water by-law appearing on the agenda increasing water rates by 12% effective June 1, 1983. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. See By-law No. 83-56. No. 165 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends payment of the municipal accounts. Additional information was provided on Cheque #16753. The following conflicts of interest were recorded: Alderman 3anvary declared a conflict on Cheque No. 16726 as the person involved, and on Nos. 16734 to 16739 being related to a union employee. Alderman Chessman declared a conflict on Cheque No. 16932 being employed by the Board; Alderman Coyills declared a conflict on Cheque No. 16725 as the person involve~. - Alderman Merrett declared a conflict on Cheque No. 16719 since his office is a member of the Brokers Association. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Aldermen Coyills, Chessman, 3anvary and Merrett abstaining on conflict of interest on the cheques recorded herein, and all others voting in fayour. No. 166 - Chief Administrative Officer - Re: Ontario Rome Renewal Program (O.H.R.P.). The report recommends that City Council pass the attached resolution which authorizes the Municipality to apply for maximum funding of $232,465.92 available for the 1983-84 period allowing the Municipality to extend our participation in this program. ORDERED on the motion of Alderman 3anysty, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See Resolution No. 21. No. 167 - Chief Administrative Officer - Re: Ontario Municipal Fire Prevention Officers' Association Annual Conference, Coilingwood, Ont. - April 10-14, 1983. The report recommends that the director of Fire Prevention, John Simon, be authorized to attend the Annual Conference of the Ontario Municipal Fire Prevention Officers' Association to be held in Coilingwood, Ontario, from April 10 to 14, 1983. Mr. Simon is the current president of the association. ORDERED on the motion of Alderman Kerrio, seconded by Alderm~n Keighan, that the report be received and adopted. Carried Unanimously. No. 168 - Chief Administrative Officer - Re: Use of Municipal Vehicles and further Cost Saving Measures. The report recommends that take home privileges granted in respect to Vehicles Nos. 1, 10, and 15 be terminated immediately. ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett~ that the report be received and adopted. Carried Unanimously. No. 169 - Chief Administrative Officer - Re: Municipal Conflict of Interest Act, 1983. The report recominends that the information be received and filed, and further that the information be forwarded to all persons affected by the above noted legislation within the City of Niagara Falls. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coyills, that the report be received and filed with further consideration at the next meeting of Council. Carried Unanimously. RESOLUTION No. 21 - CHEESMAN - BAKER - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby authorizes the City Clerk to apply to the Ministry of Housing for a Provincial Grant in the amount of $232,475.92 for the fiscal year 1983 to 1%84 for the purpose of making loans to owners of property used - 5 - for residential purposes to assist in the repair, rehabilitation and improvement of dwelling units pursuant to The Housing Development Act and the regulations and subject to the limitation thereof; AND FURTHER THAT the City Clerk is hereby authorized to apply for an accountable advance of $58,118.98 and the Corporation agrees to account for this amount and apply for further payments through the submission of quarter yearly activity reports; AND BE IT FURTHER RESOLVED that the Corporation of the City of Niagara Falls hereby agrees to comply with The Housing Development Act and the regulations thereunder in the administration of the Ontario Home Renewal Program: AND the Seal of the Corporation be hereto affixed. Carried Unanimously-. BY-LAWS ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary, that the following by-law be now read a third time: No. 82-296 - A By-law to authorize the construction of certain works as local improvements under section 12 of the.Local Improvements Act. Carried Unanimously.. ORDERED on the motion of Alderman Somerville, seconded by Alderman Kerrio, that Ileave be granted to introduce the following by-laws, and the by-laws be read a first time: go. 83-56 - A By-law to amend By-law No. 75-20 as amended 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. No. 83-57 - A By-law to designate certain land not to be subject to part lot control- No. 83-58 - A By-law to authorize a release- No. 83-59.- A By-law to authorize a release- No. 83-60 - A By-law to authorize an agreement with Canadian Corps of Commissionaires (Hamilton)- ' No. 83-61 - A By-law to provide monies for general purposes. Carried with Aldermen Coyills, Chessman, 3anvary and Merrett abstaining on cheques recorded in Report No. 165 and all others voting in favour. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker that the following by-laws be now read a second and third time: No. 83-56 - A By-law to amend By-law No. 75-20 as amended 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. No. 83-57 - A By-law to designate certain land not to be subject to part lot control. No. 83-58 No. 83-5% - A By-law to authorize a release. - A By-law to authorize a release. .6 -6 - No, 83-60 - A By-law to authorize an agreement with Canadian Corps of Commissionaires (Hamilton), No. 83-61 - A By-law to provide monies for general purposes. Carried with Aldermen Coville, Cheesman, Janvary and Merrett abstaining on cheques recorded in Report No. 165 and all others voting in favour. NEW BUSINESS HOME HEATING UNITS Alderman Merrett referred to recent contacts he had received with concerns expressed regarding fires which had been caused by home heating units. He advised that the City of St. Catharines had considered a by-law requiring an inspection and building permit prior to installation of such units in the home. ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerris, that staff investigate this matter and submit a report to City Council. Carried Unanimously. GREEK INDEPENDENCE DAY His Worship, Mayor Thomson relayed a request from the Greek community of Niagara Falls requesting the approval of City Council for proclamation of Natiom Day of Independence of Greece on Saturday, March 25, 1983 and flag raising cerem~'~ at the Court House at 10:00 a.m. on that date. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr that the proclamation be approved subject to established poltcy~ and as many members of Council as possible attend the flag raising ceremony. Carried Unanimously. TAX ARREARS - 1982 Alderman Cheesman requested an update report on the year end statement of tax arrears for 1982. The Chief Administrative Officer advised that information had been received that the tax arrears for 1982 had been decreased to 9.2% from the former 11.9%. DOWNTOWN REVITALIZATION , PATRICIAN LAND CORPORATION In reply to questions raised, Mayor Thomson advised that at a recent meeting with Mr. David Smith of Patrician Land Corporation, it had'been learned that the revised proposal for the downtown development had been acceptable to the Province and negotiations are taking place with a major tenant for the development. CHILD IDENTIFICATION Alderman Orr raised a concern regarding the identification of childreu in this area and referred to methods being used in the United States to identify children. ORDERED on the motion of Alderman Orr, seconded by Alderman Kerris, that a report be received from the Police Department regarding this matter. Carried Unanimously. FEDERATION OF CANADIAN MUNICIPALITIES (FCM) - MEMBERSHIp Alderman Janvary suggested that consideration should be given to' representation at the FCM Convention in June, 1983. It was further suggested that this might be arranged by sending fewer representatives to the AMO Convention. Alderman Puttick suggested a participattve report should be received, BROCK UNIVERSITy _ "WORK FUTURES', FORUM Alderman Janvary presented a brief outline of the Work Futures Forum which was held in Brock University on March 19th, 1983. ORDERED on the motion of Alderman Janvary, seconded by Alderman Chessman, that - 7- letters of thanks and appreciation be forwarded to the organizers of the Forum on behalf of City Council- Carried Unanimously. NAMING OF STREET - BETWEEN PORTAGE & DRUMMOND ROADS Alderman Kerris made reference to a small street running between Portage Road and Drummond Road, just south of Stamford Centre intersection- The street lies between H.M.C. Travel and St. Luke's Church and does not have a name- The suggestion was made that the street be named St. Luke's Street- ORDERED on the motion of Alderman Kerris, seconded by Alderman Merrett, that the Chief Administrative Officer be directed to have this matter investigated. Carried Unanimously. U.T.V. CHANNEL 29, BUFFALO Mayor Thomson advised that by invitation of Channel 29 Buffalo he had taped five 7 minute programs which will be viewed on UTV Channel 29 Buffalo from Monday to Friday this week. The programs contain information regarding Niagara Falls, Ontario- ORDERED on the motion of Alderman Merrett, seconded by Alderman Somerville, that Council send a letter of appreciation to UTV Channel 29 Buffalo for the opportunity to talk about Niagara Falls on the program- Carried Unanimously. BY-LAW 79-200 Mayor Thomson referred to a recent request received by his office that By-law 79-200 be referred to the Planning Department for study- Mayor Thomson suggested that By-law 79-200, in some instances, did not allow flexibility for the listing of uses in the various categories and wondered if an amendment could be prepared to include, in addition to the specific uses for each zoning area, something similar to that included in the previous zoning by-laws, such as "uses similar to the foregoing". ORDERED on the motion of Alderman Cheesman, seconded by Alderman Kerris, that the planning Department investigate and submit recommendations- Carried' Unanimously- MAD ~D A PTED, It was moved by Alderman Baker, seconded by Alderman Merrett, that the meeting adjourn. Carried Unanimous. ly-. MAYOR WAYNE THOMSON SIXTEENTH MEETING FORMAL SESSION Council Chambers 1983 03 28 Council met on Monday, ~rch 28, 1983 at 7:30 p.m. following a General Committee Session and ratif ied decisions made in General Committee- All members of Council were present with the exception of Alderman Hinsperger- His Worship, Mayor Wayne Thomson presided as Chairman- RATIFICATION OF GENERAL COMMITTEE DECISIONS MRS. 3. HOWES & MRS. S. MATSON - VALLEY WAY HOME & SCHOOL ASSOCIATION - AND - MR- JACK SADDLER - CONCERNED CITIZENS FOR NIAGARA FALLS COLLEGIATE ~ __ pROPOSED N.F.C.V.I. CLOSING Mrs. J- Howes, 5158 Rosedale Drive, reviewed the written submission dated March 23, 1983 expressing concern on behalf of Valley Way Home & School Association, parents of Maple Street School and other City residents regarding the proposed closing of Niagara Falls Collegiate and Vocational Institute. She replied to questions raised regarding the sources of information presented and advised of a meeting to be held with the Board of Trustees in Welland on April 5th, 1983, at 8:00 p.m. Mrs. S. Matson, representing the Valley Way Home & School Association, advised that written submissions from ratepayers would be welcomed by the Committee with a deadline date of March 31st, 1983. She further advised of scheduled meetin~ dated April 1st and 13th, 1983 to discuss the matter further- Communication No. 102 - Concerned Citizens for Niagara Falls Collegiate - N.F.G.V.I- closing- The communication extends an invitation to Council and interested persons to attend the next meeting of Concerned Citizens at the N.F.C.V.I- Auditorium on April 7, 1983. Mr. Jack Saddler, Chairman of the organization discussed the concerns related to the school closing and welcomed written submissions from individuals and groups within the community, as well as City Council to aid in the decision- He discussed the meeting refer. Led to in the communication and advised that Mr. Ed Greenspan, a former student of N.F.C.V.I- and well known criminal lawyer will be the guest speaker- His Worship, Mayor Thomson discussed the serious nature of the proposed school closing and confirmed Council's interest in collecting available information prior to meeting with the Niagara South Board of Education at the proposed future meeting. Submissions from interested residents are anticipated- Alderman Cummings agreed to represent Mayor Thomson at the meeting with the Board. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that Staff investigate and submit a report to contain information from the RecreatiOn Department and Social Planning Council regarding the proposed school closing. The motion Carried with Alderman Cheesman abstaining on a conflict of interest as an employee 0f the School Board, and all others voting infavour.. MR. TOM PARTEN _.SELLING FLOWERS IN NIAGARA FALLS Mr.' Tom Parten of the City of Toronto advised Council that he and his co-worker wished to sell flowers at various locations in the City on specified days. He stated that this was being done in other large cities in Ontario and the western provinces. The City Clerk advised that a Hawker and pedlar licence is required to permit the selling of flowers in the City by each individual salesman. Mayor Thomson referred to the substantial number of flower shops in the City and the competition of the application if approval is given. ORDERED on the motion of Alderman puttick, seconded by Alderman Orr, that the request be denied. Carried Unanimously. UNFINISHED BUSINESS MUNICIPAL CONFLICT OF INTEREST ACT - 1983 Report No. 170 - Chief Administrative Officer - Re: Municipal Conflict'of - 2 - Interest Act - 1983. The report recommends that the Conflict of Interest Act be considered by City Council on Monday, April 25th, 1983, at which time a representative of the Ministry of Municipal Affairs and Housing will make a slide presentation to Council respecting the same topic. A general discussion ensued regarding conflicts of interest in connection with service clubs, conflict of a trivial nature discussed in the memo dated March 18th, 1983 from the City Solicitor with a further explanation at this time. Volunteer Fire Department involvement, pecuniary interest, shared ownership in a club,.and Church membership. The City Solicitor advised that the question of remuneration to members of Council is included in the Municipal Act which allows members to pass a law to remunerate themselves. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and filed. Carried Unanimously. Report No. 171 - Chief Administrative Officer - Re: Regional reply to Chamber of Commerce Study. The report recommends that the Region be commended for their interest in preparing a comprehensive reply to the Chamber's study and that the members of Council review the Regional brief at their convenience. AND Communication No. 103 - Regional Municipality of Niagara - St. Catharines Chamber of Conmerce Civic Affairs Sub-Committee. The communication attaches comments on the report from the Niagara Falls Chamber of Commerce concerning the possible duplication of services, and offers to meet with the Chamber of Commerce to discuss such allegations at any time. ORDERED on the motion of Alderman Keighan, seconded by Alderman Cummings, that the information be received and filed. It was further recommended that a copy of the letter from the Regional Municipality be forwarded to the Chamber of 'Commerce with a request for their comments. Carried Unanimously. COMMUNICATIONS No. 104 - Downtown Board of Management - Queen Street closing for promotional event. The communication advises of a promotional event to be held on Saturday, May 21, 1983 in conjunction with the Blossom Festival and requests the temporary closing of Queen Street between Erie Avenue and Crysler Avenue. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the request be approved. Carried Unanimously. See By-law No. 83-67. No. 105 - Former Director of Municipal Works - R. W. Rodman - appreciation. The communication expresses tiTanks for Council~s gift, the party, presentation and thoughtful consideration. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the communication be received and filed. Carried Unanimously. No. 106 - M. Calabrese, Ontario Food Market - proposal for metered parking on Peer Street. The communication advises that parking restrictions are adversely affecting the business and requesting an investigation into the possibility of metering the city-owned lands adjacent to the Manpower office on Peer Street. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the matter be referred to Staff and the Parking Committee for investigation. Carried Unanimously. No. 107 - Downtown Board of Management . 1983 Budget. The communication advised that a budget of $75,500. was approved at the Downtown Board of Management meeting on February 22, 1983. ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary, that the communication be received and filed. Carried Unanimously. No. 108 - Ministry of Health - Slide Presentation _ Central Ambulance Dispatch Service. The communication extends an invitation to attend a slide Pr~sentation on Wednesday, April 6, 1983, at 2 p.m. in the Parkway Inn, St. Catharines, to introduce the Ministryss Central Ambulance Dispatch Service for' the Niagara Peninsula. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be received and filed. Carried Unanimously. No. 109 and 110 - Bonald Ballinger . AND - Jack Warden - Hazard Land Flood Plain Criteria. The ~ommunications refer to the Willoughby Conservation area water ways within the Flood Plain Hazard Land and request further consideration by the Conservation Authorities with additional ground mapping of certain areas. ORDERED on the motion of Alderman Chessman, seconded by Alderman Coyills, ~hat - 3 - the communications be referred to the Niagara peninsula Conservation Authority for their comments and request a greater amount of ground mapping be carried out- Carried Unanimously- No. 111 - patrician Land Corporation Ltd. - Downtown Revitalizatlon. The communication summarizes current activities concerning the revitalization project for downtown Niagara Falls, refers to the complicated and expensive removal of the spur line, severe downturn in the economy, little enthusiasm at the provincial level, and states that the project might be accomplished over time in phases as conditions and tenant availability is warranted- ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be received and filed. Carried Unanimously- No. 112 - Volunteer Bureau - ,,Volunteer Week"- The communication requests the approval of Council in proclaiming the week of April 12 to 24, 1983 as .,Volunteer Week'I- ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the request be approved subject to established policy- Carried UnanimouslYL REPORTS No. 172 - Municipal Works Committee - Waste Management Master Plan. The report recommends that the Region be advised that the City does not disagree with technical data collected through the Region's report entitled, "Waste Management Master Plan Stage 1 - Data Collection and Terrain Evaluation - December 1982"- ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously- No. 173 - Chief Administrative Officer - Re: Arttoni Trimboll (City) vs. Perry Richard Wintle and Thomas Co. (Niagara) Limited, County Court Action No. 6573/80- The report recommends that Council confirm its decision in Committee of the Whole of March 14th, 1983 to settle the above noted action on the basis set out below and pass the by-law appearing on to-night's agenda in respect thereto- ORDERED on the motion of Alderman Keighan, seconded by Alderman Cummings, that the report be received and adopted- Carried Unanimously- See By-law NO. 83-63. No. 174 - Chief Administrative Officer - Re: Extension of Payment Dates - Cash-in-Lieu of Parking Agreements- The report recommends that Council approve a request of Hilltop Cabins Limited for an extension until April 5th, 1983, of the time period in which payments are to be made to the Municipality as required by two cash-in-lieu of parking agreements between Hilltop Cabins Limited and the City of Niagara Falls, the said payments totalling $16,590- ($12,000- + $4,590.)- ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the report be received and adopted. The motion Carrie{ with the following vote: AYE: Aldermen Baker, Chessman, Coville, Cummings, Janvary, Kerrio, Merrett, Orr, Puttick and Somerville- ~ NAYE: Alderman.Keighan. No. 175 - Chief Administrative Officer - Re: Grant of Easement from Ontario Hydro for 33-innh Storm Sewer across part of Township Lot 212, Stamford and Agreement with Chemacryl Plastics Limited. The report recommends that Council pass the by-law appearing on to-night's agenda to authorize the execution of an agreement with Chemacryl plastics Limited. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted- Carried Unanimously. See By-law No. 83-62- No. 176 - Chief Administrative Officer - Re: Fourth report of the Planning and Development Committee regarding five pedestrian walkways and emergency accesses as part of the Committee's continued process of review and recommendations. The report recommends that: 1) Walkway 12(1) from Loring Crescent easterly to the City park and school areas remain open. 2) Walkway 4(1) from Panama Court northerly to Tampa Court be kept open. -4- 3) Walkway 4(2) from Tampa Court easterly to Sinnicks Avenue be closed. 4) Walkway 60(1) from Lexington Court westerly to Kalar Road be retained. 5) Walkway 60(2) from Epsom Court to Kentucky Court remain open. A general discussion ensued regarding the deeding of land in the closed walkways to adjacent property owners; costs involved for surveys as well as removal of fences and sidewalks. The City Solicitor discussed the legal costs which might be incurred in closing walkways through by-laws or Judge's Order. The latter would require documentation with higher costs. ORDERED on the motion of Alderman Janvary, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with .the following vote: AYE: Aldermen Baker, Cheesman, C~vi.Ile, Janvary~ Keighan, Kerrio, Merrett, Orr, Puttick and Somervill~. NAYE: Alderman Cummings on recommendations No. 2 and No. 4. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Kerrio, that the matter be referred to Staff and the Municipal Works Department for a report on the concerns expressed herein. Carried Unanimously. No. 177 - Municipal Works Committee - Re: Report on structural adequacy Oakes Park Baseball Diamond stands. The report recommends that the proposal submitted by Acres Consulting Services Limited to undertake a study of the structural adequacy of the baseball-stands at Oakes Park in the amount of $4,500 be accepted. ORDERED on the motion of Alderman Somerville, seconded by Alderman Kerrio, that the report be received and adopted. The motion Carried with Alderman Cur~nings abstaining on a conflict of interest by reason of being an employee of Acres, and all others voting in favour. No. 178 - Municipal Works Committee - Re: Roadway & Culvert located on Bosserr Road west of King Road. The report recommends that staff be authorized to undertake the work outlined in the attached report at the culvert on Bosserr Road over the first watercourse immediately west of King Road, more commonly known as Union Mar~h Drain, a branch of Ussher's Creek. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 179 - Municipal Works Committee - Re: Lawn Grubs. The report recommends that staff be authorized to tender for the spraying of the sodded areas of culs-de-sac with insecticide for the purpose of controlling larvae of the European chafer. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Janvary,. that the report be received and adopted. Carried Unanimously. No. 180 - Municipal Works Committee _ Re: Annual Rubbish Ca~paign. The report recommends the following: 1) That the City's Annual Rubblsh Campaign commence on May 24, 1983. 2) Thursday and Friday routes be collected during the first week of the campaign; and Monday, ~esday, and Wednesday routes be collected during the second week of the campaign. 3) Staff be authorized to arrange appropriate advertising of this campaign. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 181 - Municipal Works Committee _ Re: Hiring of Mechanic _ Municipal Service Centre. The report recommends that the City advertise for the purpose of hiring a heavy duty Class 'A' Mechanic having experience.in repairing large pieces of equipment, having a Class 'D' driver's licence and a Class 'B' licence endorsement for body work. ORDERED on the motion of Alderman Keighan, seconded by Alderman Orr, that the report be received and adopted. Carrled Unanimously. No. 182 - Municipal Works Committee _ Re: Spring Time Roadway Load Limits. The report recommends that the attached advisory report be received and filed. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and filed. Carried Unanimously. -5 - No. 183 - Chief Administrative Officer - Re: Site Plan Approval, proposed 7.Eleven FoOd Store and Gas Bar, southeast corner McLeod Road and Drummond Road. The report recommends that Council approve the site plan on display at tonight's meeting, being a proposed 7-Eleven Food Store and Gas Bar, and being sheet number S.P.1 dated March 22, 1983 prepared Uy Southland (Canada) Inc. and filed with the Buildings and Inspections Department of the City of Niagara Falls on March 24, 1983, and that such approval be subject to the conditions contained in the report- A discussion followed concerning proposed parking areas on the site and possible dangers to children using bicycles- ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adopted- The motion Carrie~ with the following vote: AYE: Aldermen Baker, Cheesman, Keighan, Kerrio, Merrett, Puttick and Somerville- NAYE: Aldermen Coville, Cummings, Janvary and Orr. No. 184 - Chief Administrative Officer - Re: Easement Agreement with Ontario Hydro for Chippawa Area Flood Relief Storage Tank.' The report recommends that Council pass the by-law appearing on tonight's agenda authorizing the execution of an Easement Agreement with Ontario Hydro, relating to the above-noted works- ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the report be received and adopted- Carried Unanimously- See By-law No. 83-65. No. 185 - Municipal Works Committee - Re: Mount Forest II Subdivision; Fixed Charges for Watermain on Mountain Rd.; Deletion of Sidewalk along east side of Grouse Lane. The report recommends the following: 1) The present policy be adhered'to and that the $2,141. charge as the Developer's share of the watermain on MOuntain Road backing his lots be imposed; and 2) The sidewalk on the east side of Grouse Lane be deleted- ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, the the matter be tabled to April 5th, 1983. Carried Unanimously- No- 186 - Municipal Works Committee - Re: 1983 Asphalt Overlay, Sidewalk Repair, Surface Treatment and Crack Sealing Programs- ~rhe report recommends the following: 1) That authorization be granted t6 call tenders for the following contracts - a) 1983 asphalt overlay program; b) 1983 sidewalk repair program; c) 1983 surface treatment program; d) 1983.crack sealing program; 2) That staff be authorized to hire the necessary temporary personnel to commence certain sidewalk repair works by City forces to a maximum of one-half the proposed current budget allocation, until such time as the budget is approved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker t~at the report be received and adopted- The motion Carried with Mayor Thomson, and Aldermen Janvary and Merrett abstaining on conflict' of interest by reason of having property interests by members of the family, and all others voting in favour. =~ No. 187 - Chief ~dministrative Officer - Re: 1983 'Debenture Issue. The rapoFt recommends that Council approve the debentures in the amount of $645,000 be issued by the Regional Municipality of Niagara for City capital projects as set out in the attached schedule. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the report be received and adopted- Carried Unanimously. See Resolution No. 26. RESOLUTIONS No. 22 - CUMMINGS - ORR - RESOLVED that the next Regular Meeting of City Council be held on Tuesday, April 5th, 1983; AND the Seal of the Corporation be hereto affixed. Carried Unanimousl~T. -6- No. 23 - C~4MINGS - KERRIO - RESOLVED that the Proposed Expenditures for Highway Improvements for the year 1983, dated March 28th, 1983, be adopted as presented in the total estimated amount of $5,479,200 with an estimated subsidy= $2,237,000; AND the Seal of the Corporation be hereto affixed. No. 83-6! ' A by-law to close portions of Queen Street to vehicular traffic on a temporary basis. Carried Unanimouslyl Carried with Aldermen Janvary and Merrett abstaining on conflic~ of interest re propert and all others voting in favour. No. 24 - CUMMINGS _CHEESMAN _ RESOLVED that pursuant to the Public Transportatic- and Highway Improvement Act, the Council of the Corporation of the City of Niagara Falls hereby requests a supplementary allocation of subsidy moneys for the year 1983 in respect to the construction of Roads and Streets, in the total amount of $32,100.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 25 - BAKER - JANVARY - RESOLVED that pursuant to the Public Transportation and Highway Improvement Act, the Council of the Corporation of the City of Niagara Falls hereby requests a supplementary allocation of subsidy moneys for the year 1983 in respect to the construction of the Whirlpool Road Bridge, in the total amount of $579,500.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 26 - PUTTICK - KERRIO - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests the Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed: Construction O.M.B. Financing Retirement By-law No. No. Request Term 76-262 E762076 150,000 10 79-215 E791728 60,000 10 80-246 E801783 150,000 10 81-165 E81944 135,000 10 81-281 E811585 !50~000 10 ~645~000 AND the Seal of the Corporation be hereto affixed. Carried Unanimously. B__Y-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: ~o. 83-62 ~9' 83-63 .~o. 83-64 A by-law to authorize the execution of an agreement with Chemacryl Plastics Limited respecting an easement for a storm sewer. A by-law to authorize the settlement of an action and the execution of a release in respect thereto. A by-law to authorize the execution of an agreement with The Minister of Municipal Affairs and Housing for the Province of Ontario for the Chippaws Redevelopment Area. A by-law to authorize the execution of a grant of easement from Ontario Hydro for a sanitary relief storage tank in Chippaws. A by-law to authorize the execution of an amending agreement with Niagara Falls Ganucks Hockey Inc., o/a Niagara Palls Junior Hockey Club. .No. 83-65 .No. 83-66 ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coville, that the following by-laws be now read a second and third time: No. 83-62 - A by-law to authorize the execution of an agreement with Chemacryl Plastics Limited respecting an easement for a storm sewer. No. 83-63 - A by-law to authorize the settlement of an action and the execution of a release in respect thereto. No. 83-64 - A by-law to authorize the execution of an agreement with The Minister of Municipal Affairs and Housing for the Province of Ontario for the Chippaws Redevelopment Area. No. 83-65 - A by-law to authorize the execution of a grant of easement from Ontario Hydro for a sanitary releaf storage tank in Chippaws- No. 83-66 - A by-law to authorize the execution of an amending agreement with Niagara Falls Canucks Hockey Inc., o/a Niagara Falls Junior "B" Hockey Club. No. 83-67 - A by-law to close portions of Queen Street to vehicular traffic on a temporary basis. Carried UnanimousiT' NEW BUSINESS PROVINCIAL CURLING TEAM CHAMPIONSHIPS Alderman Cummings referred to the provincial Curling team from A.N. Myer Secondary School, which had won the Provincial Curling Championship at Southampton, Ontario. He was advised that the letters of congratulations from the City had been forwarded, and the Recreation Department was arranging the awards- IDENTIFICATION PROGRAM FOR CHILDREN Alderman Orr initiated a discussion regarding a concern which she had expressed at a recent meeting of Council with respect to the identification of children in this area. She advised that children had been receiving warnings from a local school concerning an incident which had taken place very recently with regard to an "attempted abduction" of a little boy,. Alderman Orr expressed her concern that parents were not being notified and had been unaware of the incident. Alderman Chessman advised of the procedures taken by school principals .subsequent to such incidents, and responsibility of the schools for the welfare of children from !'the moment they leave home, and return home". Alderman 0rr suggested that a duplicated message should be forwarded to all the parents via the children when such incidents occur. It was generally agreed that the matter would be discussed when the expected report is received from the Police Department- CHANNEL 29 UTV BUFFALO Alderman Kerrio referred to Mayor Thomson's appearances on Channel 29 UTV Buffalo for five evenings last week ,and expressed appreciation. ' -b.y Alderman Merrett, that the It was moved by Alderman meeting adjourn. Carried Unap READ MAYOR WA~N~ ~H"M ' SEVENTEENTH MEETING Committee Room #1 April 5, 1983 COMMITTEE OF THE WHOLE Council met on Tuesday, April 5th, 1983 at 6:15 p.m. in Con~nittee of the Whole. All members of Council were present with the exception of Alderman Orr. Alderman Cummings presided as Chairman. t e t ms presented, the Committee of the Following consideration of ~ Whole arose without reporting~ ~. Council Chambers April 5, 1983 Council met on Tuesday, April 5th, 1983 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Orr. His Worship, Mayor Thomson presided as Chairman- Alderman Cummings offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the amended minutes of the meeting held March 21st, 1983, and the minutes of the meeting. held March 28th, 1983, be adopted as printed. Carried UnanimouslYL DEPUTATION GORDON SMALLWOOD - A.N. MYER SECONDARY SCHOOL BAND Mr. Gordon Smallwood was granted permission to speak on the motion of Alderman Kerrio, seconded by Alderman Janvary. He offered a verbal presentation regarding past and current competitions in which the A.N. Myer Secondary School bands have been successful participants on a National scale. Mr. Smallwood advised that the band had been selected to participate in a competition at Lexington, Kentucky, on Thursday, April 7th, 1983; the only Canadian band to receive this honour. He explained the recent changes in regulations which had established the ineligibility of the band for government assistance through the Ministry of Education- Mr. Smallwood further explained past and current fund raising activities as well as the financial funding being received. This included a source outside the area. He advised of the shortfall in the amount of $1,000 in connection with the. competition in Kentucky, and~equested the assistance of the City. A discussion followed and it was generally agreed that the funding should be granted through the budget of the Recreation Commission. ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that a grant in the amount of $1,000 be approved to assist the A.N. Myer Secondary School Band to participate in the band competition in Lexington, Kentucky- The motion Carried with the following vote: AYE: Aldermen Baker~ Chessman, Coville~ Cummings, Hinsperger~ Janvary, Ketghan~ Merrett, Puttick and Somerville- NAYE| Alderman Kerrio. UNFINISHED BUSINESS P. VAN KLEEF - pROPOSED OFFICIAL PLAN AND ZONING AMENDMENT Report No. 107 - Chief Administrative Officer - Re: Proposed Official Plan Amendment No. 140 and Zoning Amendment application AM-20/82. The report recommends that Council approve the application subject to all concerns noted -2- being satisfied and that staff prepare the required Official Plan amendment, appropriate zoning and site plan by-laws for Council's consideration. AND Report No. 188 - Chief Administrative Officer - Re: Proposed Official Plan Amendment No. 140 and Zoning By-law Amendment Application AN-20/82 Van Kleef Campground. The report discusses previous actions taken in this matter and requests the further consideration of Council. AND Communication No. 11.3 - Preservation of Agricultural Lands Society (P-A.L.S.) - Re: Niagara Falls Official Plan Amendment #140. Mr. Peter J. Elliott, Solicitor. representing PLA.L.S., submits the opinion that the procedure adopted to prove amendment140 was not correct, that' there would appear to be no basis for designation of the property as rural lands, and the appropriate procedure should be an application to extend the urban area boundaries contained in the Regional Official Policy Plan. Mr. Ross Barr, representing Scott's Trailer Park~ was granted permission. to address Council on the motion of Alderman Cummings, seconded by Alderman Chessman. Mr. Barr discussed the submersion of the TV Camera in water during the recent TV Camera inspection of the sewer; the recently broken forcemain, which had resulted in the flooding of his sewers and back-up of sewage into his basement; unanswered questions concerning the sludge and sewage problems; level of overflow; and discharge from his park which, at times, was unable to enter the sewage system. He referred to the boundary lines and the legal opinion expressed by Mr. Elliott in the above communication. Miss Jean Gfandoni was granted permission to address Council on the motion of Alderman Chessman, seconded by Alderman Cummings. She discussed urban area boundaries; the need for extensive research for development applications; lack of funds for servicing developments; and possible health problems resulting from inadequate sanitary services. Miss Grandoni further discussed the urban boundary lines in relation to the zoning by-law of the City. She suggested that the matter be tabled until the fall of 1983 in order that an analysis might-be made during the. peak tourist season. Miss Grandoni expressed the opinion that the overflow was a problem for rural people. Mr. p. Van Kleef was granted Permission to address Council on the motion of Alderman Cummings, seconded by Alderman Baker. Re discussed the high level alarm in the Lundy's Lane Pumping Station; the lack of proof concerning overflow; the proposed development being on a separate sewer which would not affect the sewer used by Mr. Barr; and discussed the urban boundary criteria. The Acting Director of Municipal Works replied to questions concerning the reports received from the Region, the TV Inspection and advised that the pumping station was considered adequate. He further stated thaT further development on Mr. Barr's property would require the installation of a larger lateral. The Acting Director replied to questions regarding the overflow, and advised that further TV inspections and calculations will be made. The Planning Director replied to questions concerning the boundary guidelines referred to in the report. The City Solicitor discussed the Regional interpretation of the boundary lines in the Official Plan. Mrs. DrOne Van Kleef discussed the safety alarm in the pumping station; the different sewer lines; the Proposed expansion of KOA Campgrounds; the urban boundary line; and the benefits of the Proposed campground.' ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that the information be received and the recommendation in the report of February 28th, 1983 be adopted. The motion C_arrie__dwith the following vote: AYE: Aldermen Chessman, Coville,:HinsperSer, Keighan, Kerrio, Merrett,. Puttick and Somerville. NAYE: Aldermen Baker, Cummings and Janvary. ORDERED on the motion of Alderman Cunnnings, seconded by Alderman Cheesman~ that the communication from P.A.L.8. be received and filed. Carried Unanimously. See By-law. No. 83-38, By-law No.83-39 and By-law No. 83-40. -3 - REPORT No. 189 - Chief Administrative Officer - Re: Taxi Stand - CN Station. The report recommends that Council decide the limits of the bus stop and taxi stand in front of the CN Station. The Traffic & Construction Engineer reviewed the sketch on display, outlined the problems and requested a possible solution from Council. Mr. Carman Wright, representing the taxi drivers, was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Chessman. Mr. Wright discussed the previous recommendation which was adopted by Council in August 1982; the interference to taxi drivers on behalf of the Commissionaires; the competition between private and public enterprise; and the problems created by the bus stop being in the subject area. He reviewed the sequence of events leading to the present action, and lack of a response to his requests for a progress report on the matter. Mr. Wright referred to the meetings with Mayor Thomson and City staff which attempted to resolve the situation, contacts with Alderman Merrett~ and meeting with Transit officials and the City staff. In reply to questions raised, Mr- Wright advised that the taxi owners would not be willing to agree to giving up the 12 feet required for the bus stop. Mayor Thomson advised of the meetings, contacts, and repeated attempts to resolve the situation. Mr. George Mowers, Niagara Transit Commission, reviewed the problem with respect to the required footage, specified by the M.T.C., for the turning of buses; the number of passengers being transported from the CN Station; the re-opening of a door on the easterly side of the station and the possibility of parking at either end of the station. He referred to the obligation of Via Rail to provide public parking and the obligation of the City and Transit to serve the public. The Chief Administrative Officer presented a possible solution to be discussed with CN officials, the parking of taxis to the east side of the station, with an entry and exit into the parking lot for taxis only. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the matter under discussion be referred to Mayor Thomson, City Staff, the Transit CommisSion, and Taxi Association to deal with CNofficials for a resolution to the problem. COMMUNICATIONS No. 114 - Dorcy Ashflash Canada Ltd. - Re: COmplaint - Niagara Drop Forge. The communication represents a formal protest against the noise pollution from the operation of a drop hammer at Niagara Drop Forge, Kister Road, Niagara Falls. Alderman Merrett declared a conflict of interest by reason of business interests · Mr. W.3. McMu.{lan was granted permission to address Council on the motion of Alderman Chessman, seconded by Alderman Cummings. Mr. McMullan discussed the noise pollution problem from Niagara Drop Forge, which is being experienced in the Falls Industrial Park area, as well as the vibration, both of which are causing great difficulty and interfering with plant operations of Dorcy Ashflash Canada Ltd. He expressed the opinion that the Niagara Falls B.I.G. should accept some responsibility for the awareness of the impact on neighbouring plants. Mr. McMallan referred to the deterioration in screening of industries. He suggested that a committee be formed to study the problem for a solution to this complex problem. Mr. McMallan advised of his contacts with the Ministry of the Environment, and other plants in the area. Mayor Thomson advised that the City was aware of the problem and a comprehensive report on the matter would be received in Council. The Chief Administrative Officer discussed recent actions taken by the City with reference to moving Niagara Forge to another lot. However, the only lot available was not serviced. -4 - Members of Council agreed that a solution to the noise and vibration problem created by Niagara Drop Forge was a serious one and required priority attention. ORDERED on the motion of Alderman Chessman, seconded by Alderman Puttick, that the matter be referred to Staff and a committee formed to resolve the problems. It was further recommended that all involved parties be kept informed of actions taken. Carried Unanimously. UNFINISHED BUSINESS Report No. 185 - Municipal Works Committee - Re: Mount Forest II Subdivision. The report recommends the following: - 1) Fixed Charges for Watermain on Mountain Rd. - the present policy be adhered to and that the $2,141.00 charge as the Devetoper's share of the watermain on Mountain Road backing his lots he imposed; 2) Deletion of Sidewalk Along East Side of Grouse Lane - the sidewalk on the east side of Grouse Lane be deleted. ORDERED on the motion of Alderman Keighan, seconded by Alderman Kerrio, that the $2,161 charge as the Developer's Share of the watermain on Mountain Road backing his lois Be deleted. The motion Carried with the following vote: AYE: Aldermen Chessman, Cummings, Hinsperger, Keighan, Kerrio, Merrettt Puttick and Somerville. NAYE: Aldermen Baker, Coyilia and Janvary. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Janvary, that the sidewalk on the east side of Grouse Lane be deleted. The motion Carried with the following vote: AYE: Aldermen Cheesman, Coville, Cummings, Hinsperger, Jan~sry~ Kerrio, Merrett, Puttick and Somerville. NAYE: Aldermen Baker and Keighan. COMMUNICATIONS No. 115 - Chippaws Volunteer Firefighters Association - Annual Benefit Slo-Pltch Tournament. The communication advises of the Annual Benefit Slo-Pitch Tournament on July 7 - 10, 1983 inclusive at the Chippaws Fire Hall and requests a Special Occasion Permit. The proceeds are for Scholarships, Minor Baseball and Hockey. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the request be granted subject to established policy. Carried Unanimously. See Resolution No. 27. No. 116 - Chippaws Volunteer Firefighters Association - Annual B4~nefit Slo-Pitch Tournament. The communication advises of the Annual Benefit Slo-Pitch Tournament at the Niagara South Arena Complex on July 9th, 1983 and requests a Special Occasion Permit. The proceeds are for Scholarships and Minor sports. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the request be granted subject to established policy. Carried Unanimously. See Resolution No. 28. No. 117 - Niagara Falls Collegiate Vocational Institute - Invitation to sitend 90th Anniversary Celebrations. The communication advises of events scheduled to celebrate the 90th Anniversary of N.F.C.V.I. during May ZTth - 29th, 1983 inclusive, and invites Mayor Thomson and members of Council to attend. ORDERED on the motion of Alderman Cummingss seconded by Alderman Coyills, that the communication he received and as many members of Council as. possible attend. Carried Unanimously. No. 118 - Saints Ladies Slo-Pitch Team - Tournament. The communication advises of arrangements concerning the Slo-Pitch Tournament on August 18th to 21st, 1983 inclusive at the Niagara Sports Centre, Mostrose Road, Niagara Falls~ and requests a Special Occasion Permit. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the request be granted subject to established policy. Carried Unanimously. See Resolution No. No. 119 - Niagara Palls Umpires Association - Slo-Pitch Tournament. The communication advis%s of the Slo-Pitch Tournament scheduled for May 19th to 23rd~ 1983 inclusive at the Y.M.C.A. Palmar Park, Stanley Avenue, Niagara Falls, and requests a Special Occasion Permit. ORDERED on the motion of Alderman Cummings, seconded by Alderman Covilles the~' the request be 8ranted subject to established policy. Cartfed Unanimously. §ee Resolution No. -5- No. 120 - Chamber of Commerce, Niagara Falls - Chamber of Commerce Week. The communication requests that Council proclaim MaY 8th - 14th, 1983, as Chamber of Con~nerce Week. ORDERED .on the motion of Alderman Cummings, seconded by Alderman Coville, that the request he approved subject to established policy. Carried Unanimously. No- 121 - Association of Municipalities of Ontario (AMO)- Ontario Public Library System Consultation Paper. The communication attaches "A Foundation for the Future" paper which proposes specific reforms of the public library systems of Ontario, and requests comments of the municipality- AND Report No. 190 - Chief Administrative Officer - Re: The Ontario Public Library System Consultation Paper - A Foundation for the Future. The report recommends that City Council request that a copy of the Niagara Falls Public Library Board's brief on The Ontario public Library System Consultation Paper - A Foundation for the Future be obtained in order that Council may either endorse the contents of the brief or modify same for eventual submission to the Ministry of Citizenship and Culture. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed and the report adopted. Carried Unanimously- No. 122 - United Nations Association - Renewal of Membership. The communication encloses a newsletter and renewal membership form, explains membership renewal procedure and welcomes Mayor Thomson and Council members to meetings of the branch. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the communication be received and filed~ and renew membership. Carried Unanimously% No. 123 - ~. R. D. Delaney - Closing of N.F.C.V-I- The communication relates objections to the closing of the Niagara Falls Collegiate Vocational Institute and suggests alternatives to the proposed closing- ORDERED on the motion of Alderman Cummings, seconded by Alderman Minsperger, that the communication be referred to the meeting with the School Board for further consideration- Carried Unanimously- REPORTS No. 191 - Loan Review Committee - Re: O.H.R.P. Loans. The report recommends approval of O.R.R.P- Loans on Properties Numbered 722, 698, and 704~ as identified in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously- No. 192 - Chief Administrative Officer - Re: Revision of Leases - Municipally Owned Lands in the former Village of Chippawa. The report recommends that City Council approve of a 20% increase in the licenee fees for the use of various "street ends" abutting the Welland River in the former Village of Chippawa- ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. No. 193 - Ehief A~ministrative Officer - Re: 1983 Tenders for Grass Seed & Sod. The report recommends the following!low bids be accepted by Council: 1) Grass Seed - Grass Seed Mixture - F.R. Smith Seed Limited Fiesta Perennial Rygrass & Penlawn Red Fescue - Oseco lnc- 2) Sod - Young Sod Farm. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrig, that the report be received and adopted- Carried Unanimously- See Resolution No. 31. No. 194 - Chief Administrative Officer - Re: Tenders for Fer tilizer- The report recommends that the low tender be accepted in all cases for the supply ' of fertilizer for 1983. ORDERED on t~e motion of Alderman Cummings~ seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. See Resolution No. -6- No. 19,5 - Chief Administrative Officer - Re: Creative Playground - Mulhern Park. ~le report recommends that one set of Model PS-PC steel creative playground equipment be purchased from and installed by Henderson Recreation Equipment Limited at a cost of $5,771.58. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio~ that the report be received and adopted. Carried Unanimously. See Resolution No. 33. No. 196 - Chief Administrative Officer - Re: Quotations for Rental of General Purpose Equipment - 1983. The report recommends that the attached schedule of rental rates for general purpose equipment be used starting with the lowest rental rate for equipment available and suitable when required for City operations. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. See Resolution No. 34. No. 197 - Chief Administrative Officer - Re: Parking on Morrison Street. The report recommends that parking be prohibited at all times from the west side of Buckley Avenue from Morrison Street, 50' southerly, and that parking be removed at all times from the south side of Morrison Street from Bucklay Avenue, 100' westerly. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 198 - Chief Administrative Officer - Re: Parking on Valley Way. The report recommends that parking be prohibited at all times from both sides of Valley Way from Drummond Road, 60' westerly. ORDERED on the motion of Alderman Cummings, seconded by Alderman Rerrio~ that the report be received and adopted. Carried Unanimously. No. 199 - Chlef Administrative Officer - Re: Parking on MacDonald Avenue. The report recommends that two 1 hour limit parking spaces be permitted in front of the presently closed store on the west side of MacDonald Avenue just south of Kitchener Street. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be rece.lved and adopted. Carried Unanimously. No. 200 - Chief Administrative Officer - Re: Parking on McMillan Drive. The report recommends that parking be prohibited at all times from both sides of McMillan Drive from Dorchester Road, 50' westerly. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. The motion Carried with Alderman Kerrio abstaining from the vote on conflict of interest by reason of livinS on McMillan Drive, and all others voting in fayour. No. 201 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends payment of the municipal accounts. Additional information was provided on Cheques No. 17046, and 17154. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville~ that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining on conflict b~ reason of employment_on. Nos. 17107 lnd 1698]; and A]de~m.~ Chessman abstaining on cQnfli~ton No.,17039 as Library Board member; and all~others voting in fayour. ' , No. 202 - Chief Administrative Officer - Re: Sewer Installation Policy. The report recommends that Council adopt the attached Policy as the Sewer Installation Regulations for the City of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Htnsperger, that the report be received and adopted. Carried Unanimously. No. 20a - Chief Administrative Officer - Re: Plumbing and Sewer By-laws. The report recommends that Council approve the amendments to the plumbins and sewer by-laws appearing on tonight's agenda. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 83-73 and By-law No. 83-74. - 7- No. 204 - Chief Administrative Officer - Re: Offices which are an Accessory Use to permitted Uses within General Industrial and Heavy Industrial Zones - proposed Amendment to By-law 79-200- The report recommends that Council consider enacting a by-law appearing on this agenda which would permit Industrial uses, within General Industrial Zones and Heavy Industrial zones~ to have their business offices as an Accessory Use to one of the permitted industrial uses. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio~ that the report be received and adopted. Carried Unanimously- See By-law No. 83-72. No. 205 - Chief Administrative Officer - Re: L.A.C.A.C- - Experience '83. The report recommends that City council approve of the participation of the Municipality in Ministry of Citizenship and Culture "Experience '83 Program"- ORDERED on the motion of Alderman Kerrio, seconded by Alderman Keighan, that the report be received and adopted- Carried Unanimously. No. 206 - Chief Administrative Officer - Re: B.R.I.C. Applications- The report recommends that Council authorize the payment of $475.00 to Holy Trinity Anglican Church and $600.00 to Dana Smith under the provisions of the B.R.I.C. program- ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted- Carried Unanimously. No. 207 - 3ob Creation Committee - Re: Canada/Ontario Employment Development Program- The report recommends that the By-law authorizing the Mayor and Clerk to sign the attached Agreement with the Employment Development Branch, Canada Employment and Immigration Commission, in connection with the above program, be approved- ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted- Carried Unanimously- See By-law No. 83-71. No. 208 - Mayor Wayne Thomson - Re: Distributing HemchiDes- The report advises that the Finance Committee has approved of a memento being given to the delegates attending the provincial Legion Convention anticipated to be in the neighbourhood of 1,500; and suggests that pens be supplied, and informs Council of the details involved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and filed. Carried Unanimously- RESOLUTIONS ~ No. 27 - CUMMINGS - COVILLE - RESOLVED that the Chippaws Volunteer Firefighters Association be granted permission to conduct a beer concession in conjunction with their Annual Benefit Slo-Pitch Tournament on July 7th, 8th, 9th, 10th, 1983 at Chippaws Fire Hall, subject to the approval of the Niagara Regional Police, the Niagara Falls Fire Department, the Niagara District Health Unit and the Liquor Licensing Board of Ontario; AND the Seal~ of the Corporation be hereto 'affixed- Carried Unanimously~ No. 28 - CUMMINGS - COVILLE - RESOLVED that the Chippaws Volunteer Firefighters Association be granted permission to conduct a beer concession in con]unction with their Annual Benefit Slo-Pitcb Tournament on July 9th, 1983 at the Niagara South Arena, subject to the approval of the Niagara Regional Police, the Niagara Falls Fire Department~ the Niagara District Health Unit and the Liquor LlcenstnS Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously~ No. 29 - CUMMINGS - COVILLE - RESOLVED that the Saints Ladies Slo-Pitch Team be granted permission to conduct a beer concession in conjunction with their slo-pitch tournament on August 18th~ 19th~ 20th~ and 21st, 1983 at the Niagara Sports Centre on Mantrose Road, subject to the approval of the Niagara Regional Police, the Niagara Falls Fire Department~ the Niagara District Health Unit and the Liquor Licens~ng Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously.=. -8- No. 30 - CUMMINGS ~ COVILLE - RESOLVED that the Niagara Falls Umpires Association be granted permission to conduct a beer concession in conjunction with slo-pitch tournament on May 19th, 20th, 21st, 22nd, and 23rd, 1983 at the Y.M.C.A. Palmet Park, subject to the approval of the Niagara Regional Police, the Niagara Falls Fire Department, the Niagara District Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 31 - CU~q4INGS - KERRIO - RESOLVED that the following tenders submitted for the supply of grass seed and sod, respectively, be accepted: 1) Grass Seed - F.R. Smith Seeds - $ 1,593.00 - Oseco Limited 261.25 298.00 599.00 2) Sod - Young Sod'Supply - $ .68 per square meter roll ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 32 - CUMMINGS _ KERRIO - RESOLVED that the following prices submitted for fertilizer requirements for the City be accepted: 1) Bradford Fertilizer Ltd. - $ 155.70 1,117.67 - $ 2,794.00 238.50 - $ 416.92 4,676.20 ; AND the Seal of the Corporation be hereto affixed. D & R Supply Louth & Niagara Orchards Carried Unanimously. No. 33 - CUMMINGS - KERRIO - RESOLVED that the unit prices submitted by Henderson Recreation Equipment for the purchase and installation of one set of Model PS-PC steel creative playground equipment, be accepted at the tender price of $5,771.58; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 34 - CUMMINGS - KERRIO - RESOLVED that the unit prices submitted and contained in the attached schedule for rental of general purpose equipment for 1983 be accepted, starting with the lowest rental rate for the equipment available and suitable when required for City operations; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 35 - KERRIO - HINSPERGER _ RESOLVED that a message of condolence be forwarded to the family of the late Dan Diggon, an excellent police officer, community worker, and respected member of the cormnunity; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. B~Y-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 83-38 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. No. 83-39 - A by-law to amend By-law No. 79-200, as amended. No. 83-4~ -A by-law to designate an area of land in the City of Niagara Falls as a site plan control area. No. 83-68 - A by-law to authorize the execution of an agreement with W.P. London and Associates Limited· -9 - No. 83-69 - A by-law to amend By-law No. 80-114, as amended being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted. No. 83-70 - To amend By-law Number 3790, being a by-law for the regulation of traffic. No. 83-71 - A by-law to authorize an agreement with The Canada Employment and Immigration Commission. No. 83-72 - A by-law to amend By-law No. 79-200, as amended- No. 83-73 - A by-law to amend By-law No. 6328, 1963, as amended, being the Plumbing By-law. No. 83-74 - A by-law to amend By-law No. 82-208 being the Sewer By-law. No. 83-75 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Hinsperger and Chessman abstaining on conflict as recorded in Report No. 200, and all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the following by-laws be now read a second and third time: No. 83-38 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area. No. 83-39 - A by-law to amend By-law No. 79-200, as amended. No. 83-40 - A by-law to designate an area of land in the City of Niagara Falls as a site plan control area. No. 83-68 - A by-law to authorize the execution of an agreement with W.P. London and Associates Limited. No. 83-69 - A by-law to amend By-law No. 80-114, as amended, being a by-law to designate private roadways as fire routes along which no parking of vehicles shall be permitted- No. 83-70 - To amend By-law Number 3790, being a by-law for the regulation of traffic. No. 83-71 - A by-law to authorize an agreement with The Canada Employment and Inm]igration Commission. No. 83-72 - A by-law to amend By-law No. 79-200, as amended. No. 83-73 - A by-law to amend By-law No. 6328, 1963, as amended~ being the Plumbing By-law. No. 83-74 - A by-l~w to amend By-law No. 82-208'~eing the Sewer By-law. No. 83-75 i A by-law to provide monies for general purposes. The motion Carried with Aldermen Hinsperger and Chessman abstalni~g on conflict noted in Report No. 200; Aldermen Baker and 3anysty opposed on By-laws No. 83-38, No. 83-39, and No. 83-40, and all others voting in fayour. NEW BUSINESS PROPERTY MATTER - CORNER OF DRUMMOND ROAD & PORTAGE ROAD Alderman Puttick initiated a discussion with respect to the property at the corner of Drun~nond and Portage Roads~ advising that a sign had been posted for offices. Alderman Cummings suggested that a report be received next week · 10 concerning the subject property. - 10 - It was moved by Alderman Merrett, seconded by Alderman Janvary that the meeting adjourn. Carried Unanimously. READ ~ND MAYOR WAYNE THOMSON EIGHTEENTH MEETING Committee Room #1 April 11, 1983 Council met on Monday, April llth, 1983 at 6:45 p.m. in Committee of the Whole. All members of Council were present. Alderman Hinsperger presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting, and adjourned to General Committee Session. READ AND MAYOR WAYNE THOMSON ESSION Council Chambers April 11, 1983 Council met on Monday, April llth, 1983 at 7:30 p.m. in General Committee Session. All members of Council were present. His Worship, Mayor Wayne Thomson presided as Chairman. WELCOME TO GIRL GUIDES His Worship Mayor Thomson welcomed Miss Cathy Goar and Miss Clare McCurley, to the Council meeting. The two girls, from the 15th Niagara Falls Girl Guide Company, are working on their Citizenship Badges and are attending tonight's Council meeting as observers. FORMAL SESSION UNFINISHED BUSINESS BINGO OPERATIONS Report No. 209 - Chief Administrative Officer - Re: report recommends the following: Bingo Operation. The (a) That effective July 1st, 1983, the licence fee for bingo and raffle lotteries be 1% of the value of the prizes with a minimum of $10.00. (b) That in lieu of hiring a gaming inspector, the bingo financial reports be checked by an employee in the Finance Department and Commissionaires be authorized to carry out inspections of the various bingo operations. Aldermen Cummings, Hinsperger, Keighan, Kerrio and Somerville declared a conflict of interest by reason of being members of organizations involved in bing9 operations. -~; Mrs. Florence' Sandercock, Chairman of The Gambling/Gaming Monitoring Committee; Bishop Peter W. Goodrich of St.Matthew's Cathedral of Niagara Falls; Mr. Peter J. Hayes, St. Thomas More Church; and Mr. Tony Gudgin, Niagara Falls Jaycees discussed the following points of concern: (a) Inspection by CommissionaiM and/or possible inspection by Police with weekly report to Clerk's Department; (b) Clarification of 1% of prize monies; (c) Possible violation of legal criteria under Provincial legislation. Bishop Goodrich expressed approval of the report and advised that St. Matthew~ Cathedral was fully in fayour of inspection by Commissionaires. The City Clerk advised that the inspection would be by "spot check". ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted, and ratified in one week, subject to a legal opinion from the City Solicitor. The motion Carried with Aldermen Cummings Hinsperger, Keighan, Kerrio and Somerville abstaining on conflicts of interest recorded previouely~and all others voting in fayour. , RATIFICATION OF GENERAL COMMITTEE DECISIONS DEPUTATIONS MR. GEORGE BAILEY & MR. JOHN BOLVANSKY, NIAGARA FALLS CANADA, VISITOR & CONVENTION BUREAU - "FESTIVAL OF LIGHTS" Mr. George Bailey, Program Chairman, and Mr. John Bolvansky, Manager of the Niagara Falls Canada, Visitor & Convention Bureau addressed Council respecting the proposed "Festival of Lights" program scheduled for November 26, 1983 to February 15th, 1984 with active participation from numerous commercial tourism establishments and the community. Pictured symbols of a number of proposed decorations in lights were viewed by members of Council. Mr. Bailey d iscussed benefits to the area in terms of an increase in numbers of tourists during the winter season. He reviewed the planned advertising to promote the Festival of Lights and future contacts with groups and service clubs. Mr. Bolvansky discussed the enthusiasm and interest demonstrated by bus companies and photography clubs within and outside the municipality. He further discussed the need for the involvement of "everyone in the City" and requested the support of Council in the proposed Festival of Lights. ORDERED on the motion of Alderman Metfelt, seconded by Alderman Cheesman~ that Council support the Festival of Lights program. Carried Unanimously. Alderman Puttick referred to the need to decorate City buildings for the proposed Festival of Lights and the lack of budgetted funds for such a venture. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the matter be referred to the Finance Committee for funds to be included in the 1983 Budget to decorate City buildings. Carried Unanimously. MR. RICHARD MITCHELL - THE UNEMPLOYED WORKERS COALITION OF NIAGARA FALLS Cor~nunication No. 124 - The Unemployed Workers Coalition of Niagara Falls o Unemployment and Welfare. The communication requests that the Council endorse the attached letter to the Honourable Lloyd Axworthy requesting an extension of Unemployment Insurance benefits to cover the duration of unemployment and first-time job seekers. Mr. Richard Mitchell, Vice-President of the Unemployed Workers Coalition group discussed the aforementioned conmlunication, and related statistical evidence of the real need for assistance to the unemployed citizens of the area. His Worship Mayor Thomson advised that Council had previously endorsed similar requests regarding the waiting period for exhaustees of Unemployment Insurance, one of which was for Local 199, U.A.W. and forwarded.~o the Provincial and Federal Governments. ORDERED on the motion of Alderman Cummings, seconded by Alderman err, that the resolution be endorsed. Carried Unanimously. MRS. LOIS ST. AMOUR - WESTLANE SECONDARy SCHOOL BAND TO CALGARY Mrs. Lois St. Amour, Niagara Falls, representing the parents of the students of Westlane School Band, advised Council of the impending band competi- tion in Calgary; the competitions previously entered and won by the atage~ Jazz and dixieland bands, being part of the major band at Westlane School; billet arrangements in Calgary and reciprocal billets planned for Sir Winston Churchill School of Calgary in Niagara Falls. Mrs. St. Amour discussed the former invitation to compete in Kentucky which had been declined because of lack of funds. She stated that there is a shortfall of $750. for the Calgary trip. Mrs. St. Amour agreed to approach the School Board for financial assistance Alderman Cummings suggested that financial assistance might be given in lieu of payments for participation of the band in activities of the City. ~e Recreation Director advised that $1,000 had been included in the budget of the Recreation Commission for national competition. ORDERED on the motion of Alderman Janvary~ seconded by Alderman Keighan~ that Westlane Secondary %chool Band receive a grant in the amount of $750.00 to assist in flnancins the proposed trip to Calgary for the band. It was · recenttended that further discussions concerning this matter be referred to the Finance Committee. Carried Unanimously. o3 - UNFINISHED BUSINESS ARENAS TELEPHONE SERVICE Report No. 210 - Chief Administrative Officer - Re: Arenas Telephone ServiCe. The report attaches a letter from Bell Canada containing a proposal for the rental of telephone equipment indicating a reduction of approximately $160 per month compared to the rates for the existing telephone system. The report indicated that a current study on the purchase of new communication systems for City Hall, Municipal Service Centre and the Fire Stations for cost reduction and improved efficiency would be submitted to the Finance Committee A discussion ensued regarding the advantages of a published telephone number at the Aj~enas in relation to required information by the public and emergency use versus the disadvantages of job interruption to answer phones as well as irate taxpayers when the phones remain unanswered- ORDERED on the motion of Alderman Cununings, seconded by Alderman Kerrio, that a telephone with a published number be available in each Arena- The motion Carried with Alderman Hinsperger abstaining on conflict of interest by reason of employment with Bell Canada, and all others voting in fayour. COMMUNICATIONS No. 125 - N.F.C.V.I. Teachers' Association - 90th Reunion- The communication requests a Special Occasion Permit for bar facilities at a dinner dance to be held Saturday, May 28th, 1983, at the Niagara Falls Arena to celebrate the 90th Reunion of N.F.C.V.I- ORDERED on the motion of Alderman Puttick~ seconded by Alderman Merrett, that the request be approved subject to approval of all other authorities- Carried Unanimously. See Resolution No. 36_~- No. 126 - A1MacBain, Q.C., M.P. - Industry & Labour Adjustment Program (I.L.A.P.)- The communication refers to Council's support of the Niagara Region's ILAP brief presented to the Federal Goverrunent representatives in Ottawa~ advises that the funds for the ILAP program have been almost fully expended, and expresses confidence. in beneficial results of the support brief. ORDERED on the motion of Alderman Kettle, seconded by Alderman Somerville, that the communication be received and filed. Carried Unanimously. No. 127 - A1MacBain, Q.C., M.P. - Pyramid Place. The conm~unication advises that funds have not been secured for a general feasibility study for Pyramid Place and questions the value of such a study. It further discussed the NEED program funding for alterations, renovations and additions to the premises- ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan~ that the comments in the communication be clarified prior to a decision being made on participation by Council. Carried Unanimously- REPORTS No. 211 - Chief Administrative Officer - Proposed Official Plan Amendment No. 133 an~ Zoning Amendment application AM-21/B2. The report recommends that t~e application be'denied. Mr. 3. Nicoletti, Solicitor, representing the applicant, Mr. Minitti, discussed the former zoning of the land, the application for re-zoning of 65 acres when the required land for use in the project should be 2 - 3 acres. He further discussed the Director of Recreation's objection to the project which indicated danger to children in an industrial area where heavy equipment and trucks travel. M~. Nicoletti stated that this was not a problem, nor was noise and odour. He suggested that the proposed project was a program for local persons and not directed towards tourists and would be active for approximately 3 months during the summer season~ with no adverse affect on nearby industry. It was considered that the area was accessible for the project, underground services were not required, and residents in the area would not be affected. Council discussed the BMX bicycle to be used on the proposed track as well as the required sanitary services. In reply to questions raised, Mr. Miniill advised that the proposed track wag for the use of local use as well as people in the United StaGes who were interested in racing. . ~ . . 4 -4- Miss Guyart addressed Council on behalf of the Niagara Peninsula Conservati0~ Authority which recommended that a permitted development be located outside the Hazard Land areas. ~. A. Fedor, operator of the BMX track in Welland addressed Council. He advised that the BMX track in Welland was contained within approximately 5 acres, was not incompatible with neighbouts in the adjacent area and that no complaints had been received concerning the facility. He referred to an international meet which included 1,000 participants from 4 to 42 years of age. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the matter be referred to the Planning Committee for further consideration. The motion Carried with the following vote: AYE: Aldermen Cheesman, Cummings, Hinsperger, Kerrio, Merrett, Orr, Puttick and Somerville. NAYE: Aldermen Baker, Coyills, Janvary and Keighan. No. 212 - Chief Administrative Officer - Re: Protective Clothing for Municipal Fmployees - 1983. The report recomraends that the low tender of Bradshaw & Stradwick be accepted for shirts and pants at a total price of $18.57 per set and coverails at $17.45 per pair. It is also recommended that the tender for shop coats be awarded to Mullet Dry Goods at $14.60. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See Resolution No. 37. No. 213 - Chief Administrative Officer - Re: Fire Department Uniform Tender - 1983. The report recommends that the low tender in each case be accepted by Council as follows: - Complete Uniforms - Firth Bros. Limited; - Clip-on-Ties - R. Nicholls Distributors, Inc.; - Perma Press Trousers - Muller Dry Goods; - Shirts - Sainthill Levine Uniforms; - Parkas -.John Marshall. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See Resolution No. 38. No. 214 - Municipal Works Committee - Re: Fixed Charges for Watermains on R~s!I St. & St. Paul Avenue - Moretie Estates Subdivision. The report recommends the following: 1) That the charges already assessed and paid by the Developer in the Moretie ~s Stage I be reduced from $2,680 to $1,340. The reduction Mounts to going from 50% of the cost of the watermain to 2) That the charge for the watermain assessed for Stage II, to be paid when Stage II develops, remain at $6,125~ which represents 50% of the cost of the watermain on R~all Street. 3) That the charge assessed for the watermain on St. Paul Ave., which is in the Stage III of the Subdivision to be paid when this stage develops, be reduced from $10,050 to $5,025. This'reduction will result in 25% of the cost of the watermain being assessed, rather than the ~riginal 50%. ORDERED on the motion of Alderman Keighan, seconded by Alderman Kerrio~ that the report be received and adopted. Carried Unanimously. No. 215 - Municipal Works Committee - Re: Whirlpool Road Bridge - Status. ~]e report reconm]ends that the information contained therein be received filed~ and further, that no decision be made with respect to proceeding with the construction of the Whirlpool Road Bridge project until a decision has been made on the City's application for supplementary M.T.C. subsidy. ORDERED on the motion of Alderman Janvary, seconded by Alderman SomervilleJ that the report be received and adopted. Carried Unanimously. No. 216 - Municipal Works Committee . Re: Safety - Garbage Collection Equipment. The report recommends the following: 1) That the policy of installing two-way radius in all one-man packers be continued; -5 - 2) That staff be permitted to use the automatic packing mechanism when loading garbage, with the vehicle in a standing position, only at locations where la~ge~olumesof garbage are generated, such as apartment buildings; and 3) That backup detection devices be installed on all garbage collection equipment purchased in the future. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that the report be received and adopted, and further, that a copy of the report he forwarded to the Good Roads Association- Carried Unanimously. No- 217 - Municipal Works Committee - Re: Dust Laying - Rural Roads. The report recommends that the dust laying specifications be amended to permit staff to receive tenders on both M.T.C. Prime and Bond-All dust laying materials- ORDERED on the motion of Alderman Somerville, seconded by Alderman Coville~ that the report be received and adopted- Carried Unanimously- No. 218 - Municipal Works Committee - Re: Street Lighting- The report recommends that the City Council request the Hydro Commission to allow their officials to meet with City officials to examine improved methods for street lighting erection and maintenance- ORDERED on the motion of Alderman Minsperger, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously- No. 219 - Chief Administrative Officer - Re: Leslie Pool Renovations, C.S.C.P. The report recorm~ends that the sandblasting contract for the Leslie Pool be given to Mel Minogue Ltd. for the estimated contract price of $5~530. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan~ that the report be received and adopted- Carried Unanimously. See Resolution No. 39. RESOLUTIONS No. 36 - PUTTICK - MERRETT - RESOLVED that the N.F.C.V.I- Teachers' Association be granted permission to conduct a beer concession in conjunction with their 90th Reunion on Saturday, May 28th, 1983, at the Niagara Falls Arena, subject to the approval of the Niagara Regional Police, the Niagara Falls Fire Department, the Niagara District Realth Unit and the Liquor Licensing Board of Ontario; AND the Seal of the ~Corporation be hereto affixed- Carried Unanimously. No. 37 - CHEESMAN - MERRETT - RESOLVED that the following low unit prices submitted for protective clothing for Municipal Employees for 1983 be accepted: 1) Bradshaw & Stradwick - shirts and pants _ $ 18.57 per set - coverails 17.45 per pair 2) Muller Dry Goods - shop coats $ 14.60 ; AND the Seal of the Corporation be hereto affixed. ~ Carried Unanimously. No. 38 - CHEESMAN - MERRETT - RESOLVED that the low unit prices submitted and recommended for Fire Department Uniforms for 1983 as follows be accepted: 1) Firth Bros. Limited - Complete Uniforms _ $ 12,833.58 2) R. Nicholls Distributors, Inc. - Clip-on-Ties $ 412.55 3) Muller Dry Goods - Perma Press Trousers - $ 1,666.04 4) Sainthill Levine Uniforms - Shirts $ 5,624.99 5) John Marshall - Parkas $ 1,644.27 : AND the Seal of the Corporation be hereto afflxed. Carried Unanimously.. No. 39 - C[~INGS - KEIGHAN - RESOLVED that the unit price submitted by Mel Minogue Ltd. for sandblasting for Leslie Pool~ be accepted at the tendered price of $5~530.00; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslYt .6 ,L BY-LAW ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-law and the by-law be read a first time: No. 83-76 - A by-law to authorize the acquisition of land for the widening of Queen Street and for park purposes. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the following by-law be now read a second and third time: No. 83-76 - A by-law to authorize the acquisition of land for the widening of Queen Street and for park purposes. Carried Unanimously. NEW BUSINESS LOCAL IMPROVEMENTS , BARKER STREET His Worship Mayor Thomson referred to an application for local improvements for curbs and gutters at a total cost of approximately $20,200. The application has been signed by 50 - 60 people who are requesting that the work be included in local improvements for 1983. ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that the matter be referred to staff for consideration. Carried Unanimously. 1983 MOLSONS N.N.L. SLO-PITCH CLASSIC Alderman Cheesman advised that the 1983 Molsons N.H.L. SIs-Pitch Classic was discussed at the Finance Committee meeting earlier today and the request for City participation in the purchase of advertising. The Finance Committee recommended that a 1/2 page ad be purchased in the program at. a cost of $450. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that approval be given for the purchase of 1/2 page advertisement at a cost of $450.00 in the 1983 Molsons N.H.L. Sis-Pitch Classic .program. Carried Unanimously, N.F.C.V.I. PROPOSED CLOSING - MEETING Alderman Janvary referred to the future meeting between City Council and the Board of Education to discuss the proposed closing of Niagara Falls Collegiate Vocational Institute. Mayor Thomson advised that the~Chief Administrative Officer was making arrangements for the meeting. NEW HOMES GRANT _ $3,000.00 Mayor Thomson referred to the $3,000 grant from the Province=for new homes and the expiration date of April 30, 1983. ORDERED on the motion of Alderman Keighan, seconded by Alderman Janvary, ~hat a letter of resolution be forwarded to the Ministry requesting a further - extension of the time limit. Carried Unanimously. -' UNEMPLOYMENT Mayor Thomson initiated a discussion regarding the current'problem of unemployment and expressed serious concern about the situation. He stated that it was necessary for all levels of government to become involved. It was stressed that many people were unaware of the difficulties being experienced by unemployed persons in the community. Mayor Thomson discussed the numerous contacts he is receiving and the lack of employment in the area. It was further noted that the problem is the result of plant shutdowns and layoffs. Mayor Thomson referred to the Job Creation Co~mittee~ C.O.E.D. and I.L.A.P. programs for government funding. He discussed the activities of the Emergency Services Committee. Mayor Thomson recommended that a strong representation should be made to the Provincial and Federal Government for work programs, and referred to the desire of unemployed persons to find work. He suggested that staff prepare a brief, as quickly as possible, to be presented to the Ministries involved and to the meeting of the Liberal Association in this area on the _ coming week-end. - 7 - Alderman Keighan expressed concern for the present unemployment problems in the area and suggested that an increase in taxes would not be affordable this year. He advised that it would be necessary to take steps to restrict spending in the Region, the Boards of Education, and the City. Alderman Cheesman discussed his concern with the current difficulties and suggested initiating a program designed by the Municipality, and further that the 5% salary increase for members of Council might be utilized as a basis for a local employment program. Alderman Puttick referred to funds to be expanded for the Buchanan/Portage Road area and the need to re-hire seasonal workers. He advocated the use of City funds to create employment. His Worship Mayor Thomson suggested that the matter should be discussed further in the Municipal Works and Finance Committees. Alderman Merrett discussed a zero tax increase for 1983, and suggested the possibility of a $5 to $10 one year levy to each household to create a special fund for employment purposes through programs introduced at government levels. ORDERED on the motion of Alderman Puttick, seconded by Alderman Keighan, that a brief be prepared by staff to be presented to the Ministries and meeting of the Liberal Association scheduled for this week-end in the City of Niagara Falls. Carried Unanimously. *** *** It was moved by Alderman Cummings, seconded by Alderman Merrett, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON NINETEENTH MEETING Committee Room #1 April 18, 1983 COMMITTEE OF THE WHOLE Council met on Monday, April 18th, 1983 at 7:00 p.m. in Conmittee of the Whole. All members of Council were present wlth the exception of Alderman Somerville. Alderman Keighan presided as Chairman. Following consideration of the arose without reporting. presented, the Committee of the Whole READ AND ~c~ - .-~ ....... MAYOR WAYNE THOMSON CLERK Council Chambers April 18, 1983 Council met on Monday, April 18th, 1983 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Somerville. His Worship, Mayor Thomson presided as Chairman. Alderman Keighan offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Keighan, that the minutes of the meetings held April 5th, and llth, 1983, be adopted as printed. Carried Unanimously. PRESENTATION RECREATION COMMISSION - 5 YEAR PLAN Mayor Thomson advised that the 5 year plan to be presented by the Recreation Commission has been delayed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the matter be deleted from the Order of Business. 'Carried Unanimouslyt DEPUTATION MR. JOHN HOROSKO - INTERSECTION OF McLEOD ROAD & DORCHESTER STREET Mr. John Horosko was granted permission to address Council on the motion of Alderman Kerrio, seconded by Alderman Janvary. ~-Mr. Horosko reviewed a blackboard sketch of the subject intersection and expressed his concerns regarding the interference with the vision of the traffic lights as well as the shadow which interferes with Vision on the north side of McLeod Ro~d near the intersection. He expressed particular concern for traffic making a left turn at the corner. During further discussion, Regional Councillor W. Smeaton advised that he would refer the matter to the Regional Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the matter be referred to Staff and the Region for investigation. Carried Unanimously. MR. JACK SADDLER - CONCERNED CITIZENS FOR NIAGARA FALLS COLLEGIATE Communication No. 128 - Mr. Jack Saddler, Concerned Citizens for Niagara Falls Collegiate - Re: N.F.C.V.I. Closing. The communication requests permission to make a presentation at City Council. Mr. Jack 8addlet was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Coville. Mr. Saddler, as a representative of the Concerned Citizens' group diecus~ed the proposal that the N.F.C.V.I. be -2- closed based on a Study Team Report received from the Niagara South Board of Education. Mr. Saddler discussed the reason for the closing as "cost savings" and suggested that this was not verified by the School Board, nor by research, and further, that the proposal was made without regard for the social and economic implications to the City. He stated that the statistics do not justify the closlng of the secondary school. Mr. David Crowe, spokesman for the Concerned Citizens for Niagara Falls Collegiate requested that City Council forward a resolution to the School Board, expressing opposition to the closing of N.F.C.V.I., particularly on the basis of the Study Team Report presented by the Board. He discussed the "disastrous effect" of the school closing on the downtown area of Niagara Falls, and related this to dollars previously spent on the downtown core, as well as the historical significance of the school. Members of Council discussed the planned meeting between the Board of Education and City Council, the effect of the closing on the City, and the information previously received from interested citizens in opposition to the school closing. Mayor Thomson advised that the correspondence previously received would be available for use, on behalf of the public, for the meeting with the School Board. ORDERED on the motion of Alderman Cun~nings~ seconded by Alderman Sanvary, that request for a resolution be approved, and further, that the Chief Administrative Officer schedule a meeting between the Niagara South Board of Education and City Council as soon as possible. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Cummings, Hinsperger, Janvary, Keighan, Kerrio, Merrett, 0rr, and Puttick. NAYE: Alderman Coyills. UNFINISHED BUSINESS BINGO OPERATION Report No. 220 - Chief Administrative Officer - Re: Fees for Bingo Licences. The report recommends that the information contained therein be received and filed for the information of Council. The report indicated that: 1) A municipal council may set and charge fees for the issuing of licences, provided the fees charged do not exceed such limits as may be prescribed by the Minister; 2) The amount expended, exclusive of prizes awarded, in the conduct and management of any...bingo tOttery...shall not exceed 15% of the gross receipts derived therefrom. Mayor Thomson advised that Mr. Tony Gudgin, Niagara Falls Jaycees, had contacted him concerning a meeting of the Jaycees to discuss the matter. In reply to questions raised, Mr. Gudgin advised Council that the meeting will be held later this week. ORDERED on the motion of Alderman Merretts seconded by Alderman Kerrio, that the matter be deferred for one week. The motion Carried with Alderman Cummings abstaining on conflict of interest by reason of being a member of an organization which conducts bingo lotteries~ and all others voting in fayour. COMMUNICATIONS No. 129 - Chippaws Lions Club - Annual Carnival. The communication requests the approval of Council for the operation of a beer concession at the annual Carnival scheduled for June 8th - llth, 1983 inclusive. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett,. that the request be approved subject to established policy. The motion Carried with Alderman Hinsperger abstaining on conflict of interest~ being a member of-the organization~ and all others voting in fayour. See Resolution No. 40. No. 130 - Eagle Airtours Inc. - Service from Niagara District to Toronto· The communication discusses the proposed new air service linking the Niagara District and the Toronto ar~a, and requests the support of Council for this proposal· ORDERED on the motion of Alderman Keighans seconded by Alderman Hinsperger~ that -3- the proposed air service by Eagle Airtours Inc. be endorsed. Carried Unanimously. No. 131 - Age D'Or St. Antoine, Niagara Falls - Purchase of former Fallsview School property. The communication discusses the former Fallsview School on Dunn Street in terms of a future residence for senior citizens, attaches letters from Mariner Realty Ltd., C.M.H.C., and the Royal Bank of Canada regarding the proposed financial arrangements, and requests the support of Council in purchasing the aforementioned property. Mr. de Cotret~ the President of Age D'0r St. Antoine in Niagara Falls discussed the proposed purchase of the property and replied to questions raised concerning the suggested financial actions to be taken. The Chief Administrative Officer stated that in the event that Council supported the proposal, it would be incurring a debt for the full amount of the loan, the money would have to be provided in the current year's budget and/or approval would be required from the Ontario Municipal Board. Mr. de Cotret advised that he had written Council on the advice of his lawyer. He discussed the previous transactions concerning the subject property, and advantages of a senior citizens residence in the particular area. Members of Council cautioned Mr. deCotter to contact his lawyer, C.M.H.C. for funding, and was advised that the City would not guarantee funding at this point. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the request be declined. Carried Unanimously. No. 132 - The Regional Municipality of Niagara - Water and Sewage Flows by Municipality - February 1983. The communication attaches staff report DEP-1882 entitled Water and Sewage Flows by Municipality, Monthly Report for February 1983. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Chessman, that the communication be received and filed. Carried Unanimously. No. 133 - The Regional Municipality of Niagara - Portage Road Bridge. The communication attaches Report DEP-1892 dealing with the Portage Road bridge over the HEPC canal in the City of Niagara Falls. Council discussed the former agreement with Ontario Hydro, previous efforts made to retain the bridge, the possibility of tendering the sale of steel in the bridge, the limitations of current budgets, the increasing dangerous condition of the Portage Road bridge and the setting of priorities. It was noted that the Region condemned the bridge. Regional Councillor W. Smeaton reviewed the viewpoint and restricted budget of the Region. It was generally agreed that recognizing its responsibilities the Region should be respectfully urged to discuss this matter at Regional Council in order that some early action might be taken. ORDERED on the motion of Alderman Keighan, seconded by Alderman Kerrio, that the matter be referred to Regional Council. Carried Unanimously. No. 134 - Niagara Regional Native Centre - Request to conduct bingo lotteries. The communication attaches a "Profile" description of the Niagara Regional Native Centre, a hon-profit charitable organization, and requests permission to conductbingo lotteries. ORDERED on the motion of Alderman Keighan, seconded by Alderman Merrett~ that the communication be referred to the City Clerk for consideration. Carried Unanimously. No. 135 - Mrs. Ann E. Krueger - Krueger purchase from the City of Niagara Falls - Galltnger Street property. The communication refers to the purchase of property on Oallinger Street and requests an extension from May 1~ 1983 to June 1, 1983. ORDERED on the motion of Alderman Chessman, seconded by Alderman C~nmings, that the request 'that an extension of one month be approved~ subject to amending agreements. Carried Unanimously. No. 136 - Multiculture Niagara - request for funding. The communication reviews the historical background~ activities~ goals and funding sources of the -4- organization and requests funding from the City of Niagara Falls. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the request be forwarded to the Finance Committee for consideration. Carried Unanimously. REPORTS No. 221 - Chief Administrative Officer - Re: Queen Street/River Road Entrance Landscaping and Improvement. The report recommends the following: 1) That the Overall Concept dated March 21, 19S3 prepared by Mr. Wayne Murray of Chapman & Murray Associates be accepted for use as a year by year guide for the landscaping and improvement program of the Queen Street/River Road intersection. 2) To allow implementation of the plan that the required public notification procedures be commenced. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 222 - Chief Administrative Officer - Re: Niagara Falls Non Profit Housing Background Report - Terms of Reference. The report recommends that the information be received. ORDERED on the motion of Alderman Orr, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. No. 223 - Chief Administrative Officer - Re: Niagara Falls Non Profit Housing Corporation - Province~s Incentive Grant. The report recommends that the $5,000 Incentive Grant recently received from the Ministry of Housing be transferred for the use of the Niagara Falls Non Profit Housing Corporation in accordance with the guidelines contained in the Minister's letter dated March 30, 1983. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 224 - Chief Administrative Officer - Re: Extensions of Draft Approval of Subdivisions (1) West Meadow T-74083; (2) Westway Estates T-25013. The report recommends the following: (1) West Meadow. - that Council support a further 3 month extension to the West Meadows draft plan to be forwarded to the Ministry of Municipal Affairs & Housing with modifications to the original plan and a further 2 year extension once a subdivision sign is erected. (2) Westway Estates - that Council support a further 3 month extension to the Westway Estates draft plan of subdivision to be forwarded to the Ministry of Municipal Affairs & Housing with modifications to the original plan and further 2 year extension after a subdivision sign is erected.. ORDERED on the motion of Alderman 3anvary~ seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See Resolution No. 41 and Resolution No. 42. No. 225 - Recreation Commission - Re: Parks & Boards of Education Athletic Field Reservations. The report recommends that the attached schedules for special events and the regular schedule for parks and athletic fields and school grounds be approved by City Council. The Recreation Director made slight modifications to the Schedule for Ker Park on Sunday, and Palmar Park on Wednesday. In reply to questions raised the Recreation Director advised that the indication has been that at the present time the schedule can accommodate all individuals. He further advised that everyone has received the lighted hours requested and everyone has been accommodated. ORDERED on the motion of Alderman Baker, seconded by Alderman Janvary~ tha~ the ~mended~eport be received gndadop~ed. 'Carried Unanimously. No. 226 - Chief Administrative Officer - Re: 1983 ~fee Planting proSram Contract T.P. 5-83. The report recommends that the unit rates submitted by Peninsula Fence and Landscaping Incorporated by accepted b~ Council. ORDERED on the motion of Alderman Cheeeman, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See Resolution No. 43. See By-Law No. 83-81. -5 - No. 227 - Chief Administrative Officer - Re: 19S3 Tender for Supply & Application of Traffic Marking Paint. The report recommends that the tender submitted by Justin Line Marking Service for supply and application of traffic marking paint be accepted. A discussion ensued concerning the importance to the community of work for local people, the discrepancy in the price range, specifications for paint and the checking system concerning the paint and its application. The Traffic & Construction Engineer advised that the Province sets the paint specifications through the M.T.C., and further that it was difficult to control the application of paint. He explained the procedure of checking the spraying of paint. ORDERED on the motion of Alderman Baker, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Coville, Hinsperger, Janvary, Keighan, Kerrio, Merrett, Orr and Puttick. NAYE: Alderman Cummings. See Resolution No. 44. No. 228 - Chief Administrative Officer - Re: 1983 Tender for the Supply of Tires, Tubes & Repair Service - City Fleet. The report recommends that the tender for the supply of tires, tubes and repair services submitted by Firestone Canada Inc. in the amount of $31,519.57 be accepted. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 45. No. 229 - Chief Administrative Officer - Re: Tenders for Mowing of Private Lots, Chemical Weed Control, Broad Leaf Weed Control in Parks & Cul-de-sacs, and Grub Control on Cul-de-sace. The report recommends the following: 1) That the tender submitted by Adrian Van Der Wayden for the mowing of private lots be accepted; 2) That the tender submitted by Earl Murchie for chemical weed control be accepted; 3) That the tender of Green Lawn Spray of St. Catharines for broad leaf weed control in parks and on cul-de-sacs and grub control on cul-de-sacs be accepted. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Keighan, that the report be received and adopted. Carried Unanimously. See Resolution No. 46. No. 230 - Chief Administrative Officer - Re: Sylvia Place Parking Lot. The report recommends that the required by-laws be prepared to place two-hour maximum limit meters on the southerly portion of the Sylvia Place lot. It is further recommended that by-laws be prepared to provide for employee parking at the northerly end of this lot. A lengthy discussion was held regarding the provision of free parking for government and business employees on the northerly end of the lot~ and the hardship of unemployed workers being restricted to metered parking spaces. The Traffic & Construction Engineer discussed the procedure of the commissionaires tagging vehicles on overtime meters. He advised that meters were in stock and available. Mr. Felix Pingue, the owner of property at Sylvia Place, discussed the parking problem he has experienced~ particularly on Saturday morning. Mayor Thomson advised that this problem would be referred to the Parking & Traffic Committee for investiSation. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and the recommendation that the required by-laws be prepared to place two-hour maximum limit meters on the southerly portion of the Sylvia Place lot be approved. It was further recommended that the recommendation concerning the northerly end of the lot be eliminated. The motion Carried with the following vote: AYE:' NAYE: Aldermen Baker~ Coville, Cummings~ Hinsperger, Janvary, Keighan, Kerrio, Merrett, Orr~ and Puttick; Alderman Chessman. -6- No. 231 - Chief Administrative Officer - Re: Guide Signing - Stanley Avenue and McLeod Road. The report recommends th~tjthe Region be requested to erect the following guide signs: 1) A sign to be placed at the intersection of old and new McLeod Road facing in both directions along new McLeod Road stating -(a) Kozy Korner Restaurant (b) Starlight Motel 2) A sign on Portage Road facing traffic exiting from Fraser Hill indicating - in both directions - (a) Food (b) Accormmodation 3 ) A follow-up "Food/Accommodation" sign facing traffic southbound on Portage Road at its intersection with new McLeod Road. Mayor Thomson advised of a recent contact from the owner of the Starlight Motel indicating that the existing signs at the subject intersection had been vandalized, an4 asked that an investigation into this matter be included in the motion. The members of Council discussed the existing by-law and were advised by the Traffic & Construction Engineer that the by-law does not apply to road allowance, but to private property which allows motel owners to erect signs on the sides of the motel only. He explained the existing policy concerning the signing of specific attractions in relation to parking spaces. In reply to questions raised concerning the re-naming of McLeod Road. Mayor Thomson advised that the item would be included in the Council Agenda for April 25th, 1983, with confirming information from the Region. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Keighan, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Chessman, Coyills, Cummings, Hinsperger, Janvary, Keighan, Kerrio, Merrett, Orr and Puttick. NAYE: Alderman Baker (Part i only). No. 232 - Chief Administrative Officer - Re: Construction of Curbs & Gutters and Asphalt in the Calaguiro Estates Subdivision - Contract R.C. 6-83. The report recommends that the unit prices submitted by the low tender, Steed & Evans Limited, be accepted as per DeLCan DeLeuw Cather Consulting Engineer's recommendation. ORDERED on the motion of Alderman 0rr, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining on conflict of interest, being a member of an organization with property in the area, and all others voting in fayour. No. 233 - Chief Administrative Officer - Re: Municipal Accounts. "The report recommends payment of the municipal accounts. Alderman Cummings requested a cost savings report regarding Johnston Controls Limited, Cheque No. 17365. Aldermen Chessman and Coyills declared conflicts of interest on Cheque No. 17385 since relatives are employed with the Niagara Falls Public Library; Alderman Cummings declared a conflict of interest on Cheque No. 17298 by teasou of being employed with Acres; Alderman Janvary declared a conflict of interest on Cheque No. 17295 being the person in receipt of the funds; and Alderman Htnsperger declared a conflict of interest on Cheque No. 17215 by reason of employment with Bell Canada. ORDERED on the motion of motion of Alderman Kerrio, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Aldermen Coyills, Chessman, Cumminge, Janvary and Hinsperger abstaining on conflicts' previously recorded, and all others voting in fayour. No. 234 - Chief Administrative Officer - Re: The Buildings and Inspections Department Report for March 1983. The report includes the information that during March 1983 a total of 164 permits were processed for an estimated value of $2,580,835. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cumminga~ that the report be received and filed. Carried Unanimously. - 7 - No. 235 - Store Closings Committee - Re: Store Closings on Sundays and Holidays. The report recommends the following: That the Regional Municipality of Niagara be requested to pass a by-law to permit all stores in the City of Niagara Falls to remain open on Victoria Day, Dominion Day and Labour Day, if they so desire. That the stores presently allowed to remain open on Sundays and Holidays continue to do so. c) That the proposed Regional by-law contain a provision that if any of the holidays mentioned in (a) above, should fall on a Sunday, that stores will be required to remain closed. d) That the Region be requested to repeal By-law 3179-82, (Niagara Square) and re-enacted in the new proposed by-law. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 236 - Civic Committee - Re: Proclamations: Senior Citizens Week and Family Unity Month. The report recommends that the month of May, 1983, be proclaimed as "Fatally Unity Month" and the week of 3une 19th to 25th, 1983, be proclaimed as "Senior Citizens Week", and that the municipality absorb the cost of printing the proclamations in the local newspaper. ORDERED on the motion of Alderman Keighan, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. No. 237 - Chief Administrative Officer - Re: Repair of Morrison Street Fire Station Roof. The report recommends that the price of $22,753 from Pec Roof Maintenance, Vineland, be accepted for the repair of roof at the Morrison Street Fire Station. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See Resolution No. 47. No. 238 - Chief Administrative Officer - Re: Child Identification Program. The report recommends that the information contained herein be noted and the report be received and filed. Superintendent J. Moody, Regional Niagara Police, explained and demonstrated the fingerprinting kit. The Chief Administrative Officer advised that the kit was available at a cost of $60 for 400 sheets which could be re-used. ORDERED on the motion of Alderman Cunmlings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. No. 239 - Chief Administrative Officer - Re: Niagara Falls Arenas Telephone Numbers. The report contains information concerning phone numbers at Arenas in the City. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and filed, and further that a copy be forwarded to all groups using the Arenas. Carried Unanimously. '~ RESOLUTIONS No. 40 - CUMMINGS - MERRETT - RESOLVED that the Chippaws Lions Club be granted permission to conduct a beer concession in conjunction with their carnival on June 8th, 9th, 10th, and llth, 1983, at the Niagara South Recreation Centre, subject to the approval of the Niagara Regional Police, the Niagara Falls Fire Department, the Niagara District Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Ntnsperger abstaining on conflict of interest~ being a member of the organization~ and all others voting in fayour. No. 41 - JANVARY - BAKER - RESOLVED that the Council of the City of Niagara Falls supports a further 3 month extension of draft plan approval, with modifications, for the "West Meadow"' proposed plan of subdivision - File No. 26T-74083, and the Ministry of Municipal Affairs & Housing be so advised, and further, that once a subdivision sign is erected, a further 2 year extension will be supported; AND the Seal of the Corporation be hereto affixed. Carried Unanimousiy.. -8- No. 42 - JANVARY - BAKER - RESOLVED that the Council of the City of Niagara Falls supports a further 3 month extension to the "Westway Estates" draft plan of subdivision, with modifications to the original plan, File No. 26T-25013, and the Ministry of Municipal ffairs & Housing be so advised, and further, that once a subdivision sign is erected, a further 2 year extension will be supported; ~J~D the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 43 - CHEESMAN - ORR - RESOLVED that the unit prices submitted by Peninsula Fence and Landscaping Incorporated for the 1983 Tree Planting Program, Contract T.P. 5-83, be accepted at the tender price of $13,903.00; ~JqD the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 44 - BAKER - ORR - RESOLVED that the unit prices submitted by Justin Line Marking Service for supply and application of traffic marking paint be accepted at the tender price of $11,377.00; AND the Seal of the COrporation be hereto affixed. The motion Carried with Alderman Curamings opposed and all others voting in favour. No. 45 - CHEESMAN - HINSPERGER - RESOLVED that the unit prices submitted by Firestone Canada Inc. for the supply of tires, tubes and repair services, be accepted at the tender price of $31,519.57; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 46 - CHEESMAN - KEIGHAN - RESOLVED that the unit prices submitted by the following be accepted: 1) Adrian Van Der Wayden - mowing of private lots at the tender price on the attached report; 2) Earl Murchie - chemical weed control at the tender price on the attached report; 3) Green Lawn Spray of St. Catharines _ broad leaf weed control in parks and on cul-de-sacs and grub control on cul-de-sacs at the tender price of $14,078.00 ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 47 - KERRIO - ORR - RESOLVED that the unit prices submitted by Pec Roofing Maintenance, Vineland, for the repair of roof at the Morrison Street Fire Station, be accepted at the tender price of $22,753.0~; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws and the by-laws be read a first time: ~o. 83-77 No. 83-78 .No. 83-79 .No. 83-80 - A by-law to amend By-law Number 3790, being a by-law for the regulation of traffic. - A by-law to amend By-law Number 3790, being a by-law for the regulation of traffic. - A by-law to amend By-law Number 3 790, being a by-law for the regulation of traffic. - A by-law to authorize the execution of an agreement with Steed and Evans Limited for the construction of curbs and gutters and asphalt pavement'in the Calaguiro Estates Subdivision. -9- No. 83-81 - A by-law to authorize the execution of an agreement with Peninsula Fence & Landscaping Inc. for the 1983 tree planting program. No. 83-82 - A by-law to provide monies for general purposes. The motion Carried with Alderman Cummings abstaining on conflict of interest on No. 83-80 by reason of employment with Acres; and Alderman Kerrio abstaining on conflict of interest on No. 83-79 since he resides on McMillan Drive; and Aldermen Coville, Chessman, Cummings, Janvary and Hinsperger abstaining on conflicts of interest previosly recorded in Report No. 233; and all others voting in fayour. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the following by-laws be now read a second and third time. No. 83-77 - A by-law to amend By-law Number 3790, being a by-law for the regulation of traffic. No. 83-78 - A by-law to amend By-law Number 3790, being a by-law for the regulation of traffic. No. 83-79 - A by-law to amend By-law Number 3790, being a by-law for the regulation of traffic. No. 83-80 - A by-law to authorize the execution of an agreement with Steed and Evans Limited for the construction of curbs and gutters and asphalt pavement in the Calaguiro Estates Subdivision. No. 83-81 - A by-law to authorize the execution of an agreement with Peninsula Fence & Landscaping Inc. for the 1983 tree planting program. No. 83-82 - A by-law to provide monies for general purposes. NEW BUSINESS UPDATE BY CIVIC COMMITTEE Alderman Janvary submitted an update report on activities within the Civic Committee, i.e., Community 3ustice Week, Canadian Bar Association - Law Day, Public Library Family Unity Month, Senior Citizen Week, Bicentennial Advisory Commission, Canada Day, Niagara Follies and Waste Management Seminar. PROPOSED MAUSOLEUM/CREMATORIUM IN NIAGARA FALLS Mayor Thomson referred to numerous contacts he had received regarding the possibility of a Mausoleum being constructed in Niagara Falls. He advised that this would be beneficial, particularly in regard to "saving ground", and in relation to the ethnic community in the municipality. Mrs. Lynn Savage referred to the possibility ~f a Crematorium. ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio, that this matter be referred to staff for investigation and a report. Carried Unanimously. BRIEF ON UNEMPLOYMENT Mayor Thomson discussed the criticism he had received concerning his part in the presenting of the Brief on Unemployment, recommended by Council, to the the attention of the Prime Minister, Right Honourable Pierre Elliott Trudeau, in Niagara Falls during the past week-end. He referred to the non-political aspect of his concerns with respect to unemployment and the recommendation that the Brief be presented to the Ministries, referred to in Council minutes. Mayor Thomson rebutted the comments that he had not been carrying out his responsibilities, and referred to approximately 9J000 unemployed persons in the area. Aldermen Keighan, Merrett, Hinsperger and Puttick expressed approval of the actions taken by His Worship Mayor Thomson, and the the support of Council in preparation and presentation of the Brief. - 10 - FINANCE COMMITTEE Alderman Chessman advised that at the next meeting of the Finance Committee a discussion would be held with respect to ideas presented at a previous meeting of City Council, concerning job creation in the City. Alderman Chessman suggested that that a General Committee meeting be held in Committee Rooms ~2 and #3 for a final discussion of the 1983 Budget prior to the Regular Meeting of City Council. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that Council meet in Committee Room ~;2 and #3 for final 1983 Budget discussion prior to the Regular Meeting of Council. Carried Unanimously. It was moved by Alderman Cheesman, seconded by Alderman Merrett, that the meeting adjourn. Carried Unanimously. READ AND ADOF MAYOR WAYNE THOMSON TWENTIETH MEETING Committee Room #1 April 25, 1983 Council met on Monday, April 25th, 1983 at 6:00 p.m. in Committee of the Whole. All members of Council were present. Alderman Baker presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting, and adjourned to General Committee Session. READ AND ADOPtTED, CLERK -~TY GE~ MAYOR WAYNE THOMSON Council Chambers April 25, 1983 Council met on Monday, April 25th, 1983 at 7:00 p.m. in General Committee Session. All members of Council were present. His Worship, Mayor Wayne Thomson presided as Chairman. FORMAL SESSION DEPUTATION DR. STAFFORD DOBBIN - HEART NIAGARA.. Dr. Stafford Dobbin reviewed a Pre-hospital Emergency Care Brief which had previously been distributed to members of Council. The Brief provided information regarding selected heart-related morbidity and mortality figures for Niagara, in-hospital treatment for disease of the heart arteries (AIHD), the importance of early stabilization in cases of myocardial infarction, treatment of Cardiac arrest, and the founding of Heart Niagara Inc. as well as its aims and progress. Dr. Dobbin referred to the active C.P.R. training program in the area and to the ambulance personnel training in Advanced Life Support techniques. He requested that Council endorse the following suggestioRs: 1) That all institutions, recreational centrag, schools, industries and office employees dealing with the general public in Niagara Falls be encouraged to organize yearly C.P.R. training for their employees; 2) That C.P.R. trained citizens be encouraged to assist ambulance personnel in providing 2 man C.P.R. from the scene to the hospital; 3) That other regional municipalities be encouraged to promote C.P.R. teaching; 4) That Regional Niagara be encouraged to explore the possibility of 911; 5) That the Ministry of Health should consider the approval of paramedic P.H.E.C. programmeg on the basis of community preparedness rather than on criteria such as size of municipality, number of hospitals, etc. 6) That the Ministry of Health consider the acceptance of the training of Niagara Falls Ambulance Personnel who have completed the Regional P.H.E.C. curriculum. They would then be available to our P.N.E.C. programme when approval for the latter is forthcoming without involving them in further training progranunes. Mr. Alf Hicks, Niagara District Ambulance Service, and Mr. Wayne S. Bench, Niagara Falls Fire Department, demonstrated the 2 man C.P.R. technique on a mannequin. Dr. Dobbin discussed the different treatments for heart attach victims and stressed the importance of training personnel with legal sanction. Mayor Thomson expressed the appreciation of Council for the information and demonstration. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that City Council endorse the Brief containing the recorded suggestions to be forwarded to the Ministry of Health. Carried Unanimously. -2- COMMUNICATION No. 137 - Heart Niagara Incorporated _ Re: 3rd Annual JOG-A-THON - and - Heart Niagara Week. The communication requests the permission of Council to hold the 3rd Annual 3og-a-thon on Saturday, September 24th, 1983, and to proclaim the week of September 19th to 24th, 1983, Heart Niagara Week. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the 3og-a-thon be approved subject to Police and other authorities being notified. It was further 'recommended that Heart Niagara Week be proclaimed as requested, subject to established policy. Carried Unanimously. UNFINISHED BUSINESS MUNICIPAL.CONFLICT_OF INTERESTiAGT~.1983 Mr. Allan Dewar, Ministry of Municipal Affairs and Housing, gave a slide presentation prepared by the Ministry of Municipal Affairs and Housing, entitled Conflict of Interest, For the Guidance of Members. The film presentation stressed that the Act was applicable to pecuniary interest before, during, and after a meeting. Mr. Dewar replied to questions raised regarding the term during which the Act would apply, action which might be taken if the Act was contrevened, campaign contributions, local improvements in area of residence, and general electorate interest. He stated that the inclusion of the words "remote" and "insignificant" would clarify when 'the Act was being overused. A membership in a service club and employment as well as ownership of a property or business were discussed. Mayor Thomson expressed the appreciation of Council for the efforts of Mr. Dewar in attending the Council meeting and making the presentation. DEPUTATION MESSRS. R. & F. BIAMONTE - LOCAL IMPROVEMENT CHARGES - AND - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 240 - Chief Administrative Officer - Re: Local Improvement Charges. The report recommends that Council listen to the submissions by Mr. Ralph and Frank Biemonte and then decide what, if any action should be taken. Mr. Ralph Biamonte, 8020 Oakwood Drive, acting as spokesman for his brother Frank, and himself, stated that they did not wish to pay for the sewer line. He stated further that his brother owns a vacant lot in the subject area and there was no connection to the sewer line. Mr. R. Biamonte advised that he has a septic tank and does not require the sewer line at this time. , The Chief Administrative Officer advised that the Municipality had followed the procedure established by legislation and the property owners were given an opportunity to object to the installation of the works and did not do so. Mayor Thomson stated that the subject works had been installed subsequent to a petition of a number of residents, and that a substantial number of people had complained about health and septic problems for many years prior to the installation. It was further stated that when Mr. Frank Biamonte wished to build on the lot, it was the responsibility of the municipality to run the sewer line to the property. Mayor Thomson explained alternative methods of payment of the improvement charges. A legal opinion had been received that Council would not have jurisdiction to deal with payment. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman~ that the report be received and filed. Carried Unanimously. UNFINISHED BUSINESS FEES FOR BINGO LICENCES - AND - REPORT OF CHIEF ADMINISTRATIVE OFFIGER Report No. 220 - Chief Administrative Officer - Re Fees for Bingo Licehess. The report recommends that it be received and filed for the information of Council. It was requested by Mr. Tony GudSin that the matter be deferred for an additional week for a written sub~iasion. ORDERED on the motion of Alderman Chessmans seconded by Alderman Hlnspergers that -3- the subject item be deferred for one week. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest by reason of belonging to an organization which runs bingo lotteries, and all others voting in favour. NIAGARA FALLS PUBLIC LIBRARY - CONSULTATION PAPER ON PUBLIC LIBRARIES The Niagara Falls Public Library Board prepared and distributed a response to the Ontario Public Library System Consultation Paper, A Foundation for the Future, submitted to Honourable Bruce McCaffrey, Minister, Ontario Ministry of Citizenship and Culture. Mayor Thomson referred to the previously discussed question of members' appointments to the Library Board. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the brief be endorsed by Council. The motion Carried with Alderman Coville abstaining on a conflict of interest by reason of a relative being employed by the Library, and all others voting in favour. CLOSING OF WALKWAYS - AND - REPORT OF MUNICIPAL WORKS COMMITTEE Report No. 241 - Municipal Works Committee - Re: Closing of Walkways - Costs. The report recommends that when walkways are closed and are to be disposed of following suggestions should be utilized: the 1) the City be compensated for all out-of-pocket expenses including legal (flat rate of $500), survey and removal (if applicable) costs; 2) the prospective purchaser's desires with respect to removals (including sidewalks, fences and restoration with sod) be considered in each case; 3) no charge be made for the value of the land. Mayor Thomson advised that if one adjacent owner does not wish to participate, the other has the opportunity to take the entire parcel, but, if no interest is indicated a report would be submitted to Council. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 138 - Royal Canadian Legion - Re: Stamford Memorial Cenotaph at Stamford Memorial Arena. The communication requests ~he permission of Council to move the Stemford Memorial Cenotaph from its present location in Front of Stamford Memorial Arena to the Memorial School at 5603 Spring Street. ORDERED on the motion of Alderman Janvary, seconded by Alderman Keighan, that the matter be referred to staff for investigation and a report. Carried Unanimously. No. 139 - Multiculture Niagara - Re: Permission to hold "Multiculture Niagara Festival" - and Special Occasion Permit. The communication requests the permission of Council to hold "Multiculture Niagara Festival" on June 18th, 1,983 between the hours of 10 a.m. and 6 p.m. in Centennial Square, and requires a Special Occassion Permit. ORDERED on the motion of Alderman Keighan, seconded by Alderman Baker, that the request for Special Occasion Permit be granted subject to the approval of the other authorities, and further that the request for preparation of Centennial Square be referred' to Staff. Carried Unanimously. See Resolution No. 48. No. 140 - Niagara South Board of Education - Re: 1983 Niagara South Board of Education Budget. The com~nunication contains information regarding the anticipated 1983 grants to the Board from the Province, and advises that a delay may be expected in the 1983 budget approvals due to the late receipt of grant regulations from the Ministry of Education. ORDERED on the motion of Alderman Kerrio, seconded by Alderman 0rr, that the communication be received and filed. Carried Unanimously. - AND - Nos. 141 & No. 142 - Niagara South Board of Education - Re: 1983 Budget - and - Secondary School Future Directions Report. The communication dated April 20th, 1983 requests Council's support in communicating the Board's concerns regarding the 1983 Budget. The communication dated April 22nd, 1983 invites Council to attend the next Niagara Falls Enrolment Review Committee meeting at Westlane Secondary School on Wednesday, April 27th~ 1983 at 7:30 p.m. ORDERED on the motion of Alderman Merrett~ seconded by Alderman 0rr, that the communications be deferred to the next meeting of Council. Carried Unanimously. Carried Unanimously. -4- No. 143 - The Ontario Traffic Conference - Re: O.T.C. Annual Conference in Peterborough, May 1 - 4, 1983. The communication includes information regarding the O.T.C. Annual Conference in Peterborough, May 1 to 4, 1983 and requests information from the Municipality. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that Staff be requested to prepare their concerns for the Committee, particularly with respect to a Symbolized Licence Plate for the Physically Disabled. It was further recommended that a copy of the communication be forwarded to the Social Planning Council. .Carried Unanimously. No. 144 - Willoughby Volunteer Fire Department - Re: 33rd Annual Carnival and request for Special Occasion Permit.- The communication requests a Special Occasion Permit for the 33rd Annual Carnival of the Willoughby Volunteer Fire Department scheduled for July 23, 1983. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the request be approved subject to the approval of other authorities. The motion Carried with Alderman Somerville abstaining on conflict of interest being President of the organization, and all others voting in favour. See Resolution No. 49. No. 145 - Chamber of Commerce, Niagara Falls - Re: Wine & Cheese get-together. The communication extends an invitation to Mayor Thomson, members of Council and Senior Staff to the annual Wine & Cheese get together of the Municipal Affairs Committee of the Chamber of Commerce and requests confirmation of an appropriate date. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be received and filed, and as many members as possible attend, and it was further recommended that May 25th, 1983 be suggested as an appropriate date for the function. It was further recommended that a copy of the Review of Existing Ward Representation be forwarded to the Chamber of Commerce. Carried Unanimously. No. 146 - Niagara Peninsula Conservation Authority - Re: Flood Plain Mapping & Regulation. The communication discusses the Flood Plain Mapping and Regulation in relation to the concerns expressed in letters received from Mr. J. Warden and Mr. R. Ballinger. ORDERED on the motion of Alderman Janvary, seconded by Alderman Coyills, that a copy of the communication from the N.P.C.A. be forwarded to Mr. Warden and Mr. Ballinger with a request for their comments. Carried Unanimously. No. 147 - The Canadian Red Cross Society - Re: Red Cross Camp, Norway. The communication advises that Denise Richards has been chosen by the Canadian Red Cross Society to be one of three delegates from Canada to attend a special Red Cross Camp in Norway, 3uly 3 - 18, 1983, and requests a financial contribution from the City towards flight costs. ORDERED on the motion of Alderman 3anysty, seconded by Alderman Kerrio, that the communication be forwarded to the Finance Committee for nsideration. Carried Unanimously. REPORTS No. 242 - Chief Administrative Officer - Re: Quotations for sweeper Brooms. The report recommends that the, quotation received from Rantax Brushes Inc. in the amount of $8,327.34 be accepted. ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See Resolution No. 50. No. 243 - Chief Administrative Officer - Re: Cobtract R.C. 7-83, Community Services Contribution Program: Morrison St. - Victoria Ave. to Stanley Ave.'; Second Ave. - Willmort St. to Huron St.; Third Ave. - Morrison St. to Huron St.; Storm, Sanitary Sewers, Watermain Installation and Road Reconstruction & Rehabilitation. The report recommends the following: 1) the unit prices submitted by the low tendeter, W. Duffin Contracting Ltd. for contract R.C. 7-83 be accepted by Council; 2) the by-law appearing on tonight's Council agenda authorizing the temporary closing of part Of Morrison Streets as required during construetlon~ be approved; ' -5- 3) the additional amount of approximately $20,000 for financing the water portion of this project be provided from Account No. 20271, "Reserve for Replacement of Watermains". Mr. V. Muratori, Solicitor, represented W. Duffin Contracting Ltd at the meeting. He discussed the advantages of the interdependency of communities. ORDERED on the motion of Alderman Cheesman, seconded by Aldermen Keighan and Hinsperger, that the report be received and adopted. The motion Carried on the following vote: AYE: NAYE: Aldermen Baker, Chessman, Coyills, Hinsperger, Janvary, Keighan, Kerrio, Merrett, Orr, Puttick and Somerville. Alderman Cummings. See Resolution No. 51. See By-law No. 83-84 and By-law No. 83-91. No. 244 - Municipal Works Con~nittee - Re: AWWA/OMWA and OTC Conferences. The report recommends that: 1) 1 member of the Municipal Works staff be authorized to attend the AWWA/OMWA Conference in Toronto: 2) 1 member of Municipal Works staff and 1 member of Council be authorized to attend the Ontario Traffic Conference in Peterborough. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Kerrio, that the report be received and adopted with the first recommendation amended to read 1 member of Municipal Works staff and 1 member of Council be authorized to attend the AWWA/OMWA Conference in Toronto. Carried Unanimously. No. 245 - Chief Administrative Officer - Re: F.H. Leslie Swimming Pool Sandblasting. The report recommends that Council approve the by-law on to-night's Agenda authorizing staff to enter into an agreement and contract with Mel Minogue Ltd. for the sandblasting of F.H. Leslie Swimming Pool. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 83-83. No. 246 - Chief Administrative Officer - Re: Agreement with L.J. Rak Engineering Ltd. for Professional Consulting Services - Geotechnical Investigation on Falls Ave. for a Proposed Storm Sewer. The report recommends that Council approve the by-law appearing on tonight's agenda authorizing the execution of an agreement with L.3. Rak Engineering Limited as noted above. ORDERED on the motion of Alderman Rinsperger, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on conflict of interest by reason of employment, and all others voting in layout. See By-law No. 83-92. No. 247 - Chief Administrative Officer - Re: 1983 Hot Mix Asphalt Repairs Contract A.C. 8-83. The report recommends that the unit rates submitted by Steed & Evans Limited for contract A.C. 8-83, be accepted by Council and the by-law appearing on the agenda be passed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Aldermen Janvary and Merrett abstaining from the vote on conflict of interest by reason of business interests on the-road under repair, and all others voting in fayour. See Resolution No. 52. See By-law No. 83-86. No. 248 - Municipal Works Committee - Re: Incineration of City of Niagara Falls Municipal Wastes. The report recommends 'that it be received and filed. ORDERED on the motion of Alderman Janvary, seconded by Alderman Kerrio, that th~ report be 'received and filed. Carried Unanimously. -6- No. 249 - Municipal Works Committee - Re: Municipal Works Department - Annual Report for 1982. The report recommends that it be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. No. 250 - Municipal Works Con~nittee - Re: 1983 Sewage Flows to Pollution Control Plant. The report recommends that it be received and filed. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the report be received and filed. Carried Unanimously. No. 251 - Municipal Works Committee - Re: Noise Control By-law. The report recommends that: 1) the maximum penalty under the City's Noise Control By-law (By-law 7535 1967) be increased to $2,000.00; '2) that the amending by-law in this regard, which appears on tonight~s agenda, be approved. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. See By-law No. 83-85. No. 252 - Chief Administrative Officer - Re: Request for Release, Lots 39, 40, 97 and 98, Plan M-53, Charnwood Avenud. The report recommends that Council pass the by-law appearing on this agenda to authorize a release of Lots 39, 40, 97 & 98, according to Registered Plan M-53 from the provisions of a subdivision agreement between the City and Ontario Housing Corporation dated September 3rd, 1976 and registered as Instrument No. LT-4935. ORDERED on the motion of Alderman Keighan, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-law No. 83-93. No. 253 - Chief Administrative Officer - Re: Re-lotting Agreement for the Charnwood Subdivision. The report recommends that the re-lotting agreement and the accompanying by-law appearing on tonight's agenda be approved. It further recommends that Pinewood Homes (Niagara) Ltd. be allowed to install the additional water service laterals and sanitary sewer service laterals to the newly created lots. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. See By-law No. 83-94. No. 254 - Municipal Works Committee - Re: Oakes Park Facilities. ~The report recommends that: 1) authorization be granted to proceed with alterations to the change house at Oakes Park for the purpose of providing a girl's track room; 2) these change room alteration costs be paid from Reserve Acct. ~12160; 3) the four sets of bleachers not be purchased. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. No. 255 - Municipal Works Committee - Re: Parkway Gardens Subdivision . Phase I, Chippaws. The report recommends that: 1) the Subdivider be permitted to proceed with the development of 29 lots subject to the execution of a suitable agreement between the City and the Subdivider; 2) payment of the Special Impost at the rate of $275.00 per unit be delayed from the date of signing of the Agreement to the date of building permit issuance; 3) sidewalks be required only on one side of Regan Drive. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. The motion Carried on the following vote: AYE: Aldermen Bakers,Chessman, Coville~ Cummings~ Hinapergers Janvary~ Kerrlos Merrett~ Orr~ Putticks and Somerville. NAYE: Alderman Keighan (Part 3 only). - 7- No. 256 - Municipal Works Committee - Re: Chippawa Water Standpipe. ~le report recommends that: 1) the water standpipe be relocated to the Niagara South Recreational Complex immediately adjacent to the existing fire hydrant on the north side of the building; 2) the estimated relocation cost of $7,750.00 be financed from the reserve for replacement of watermains (Acct. #20271); 3) an appropriate maintenance agreement be entered into between the City and the water hauler(s). ORDERED on the motion of Alderman Somerville, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. No. 257 - Municipal Works Committee - Re: Claim of G. Martuccio - Sanitary Sewers for 4119 Kalar Road. The report recommends that the claim of Mr. G. Martuccio for the installation of two sanitary sewer laterals to 4119 Kalar Road in the amount of $2,625 be shared on a 50/50 basis between the City and FIr. Martuccio. ORDERED on the motion of Alderman Janvary, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 48 - KEIGHAN - BAKER - RESOLVED that the Multiculture Niagara Council be granted permission to conduct a beer concession in conjunction with their Multiculture Niagara Festival on June 18th, 1983, in the Centennial Square, subject to the approval of the Niagara Regional Police, the Niagara Falls Fire Department, the Niagara District Health Unit and the Liquor Licensing Board of Ontario: AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 49 - HINSPERGER - CUMMINGS - RESOLVED that the Willoughby Volunteer Fire Department be granted permission to conduct a beer concession in conjunction with their carnival on July 23rd, 1983, at the Willoughby Fire Hall, subject to the approval of the Niagara Regional Police, the Niagara Falls Fire Department, the Niagara District Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Somerville abstaining on conflict of interest as President of the organization, and all others voting in fayour. No. 50 - CHEESMAN - BAKER - RESOLVED that the unit prices submitted by Ranrex Brushes Inc. for the purchase of Sweeper Brooms, be accepted at the tender price of $8,327.34; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 51 - CHEESMAN - KEIGHAN & HINSPERGER - RESOLVED that the unit prices submitted by W. Duffin Contracting Ltd. for contract R.C: 7-83, be accepted at the low tender price of $923,891.62; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Cummings opposed and all others voting in fayour. No. 52 - CUMMINGS - HINSPERGER - RESOLVED that the unit prices submitted by Steed & Evans Limited for contract A.C. 8-83, ~e accepted at the low tender price of $46,988.22; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Janvary and Merrett abstaining from the vote on conflict of interest by reason of business interests on the road under repair, and all others voting in fayour. No. 53 - JANVARY - CUMMINGS - RESOLVED that a message of condolence be forwarded to the family of the late Miss Jane (Jennie) Allen, a former Public Health Nurse and respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. -8- -9- No. 54 - MERRETT - ORR - RESOLVED that a message of condolence be forwarded to the family of the late Mr. James Molloy, a former fire fighter with the City of Niagara-Falls, and a respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Chee~maD, seconded by Alderman Hlnsperger, that leave be granted to introduce the following by-laws and the by-laws be read a first time: ' No. 83-83 - A by-law to authorize the execution of an agreement with Mel Minogue Limited for sandblasting (dry process) the F. H. Leslie swimming pool. No. 83-84 - A by-law to temporarily close part of Morrison Street from Victoria Avenue to Stanley Avenue. No. 83-85 - A by-law to amend By-law 7535, 1967, as amended, being a by-law respecting noises. No. 83-86 - A by-law to authorize the execution of an agreement with Steed and Evans Limited for the application of hot mix asphalt repairs on certain streets in the City of Niagara Falls. No. 83-87 - A by-law to authorize the execution of an agreement with Adrian Vander Wayden for mowing weeds on private lots. No. 83-88 - A by-law to authorize the execution of an agreement with Earl Murchie for chemical weed control. No. 83-89 - A by-law to authorize an agreement with Pec Roof Maintenance, a division of Ed Christensen Roofing Limited. No. 83-90 - A by-law to authorize the execution of an agreement with Green Lawn Spray of St. Catharines for broad leaf weed control and grub control. No. 83-91 - A by-law to authorize the execution of an agreement with W. Duffin Contracting Ltd. for storm, sanitary and watermain installation, and road reconstruction and rehabilitation on certain streets. No. 83-92 - A by-law to authorize an agreement with L. J. Rak Engineering Ltd. for a geotechnical investigation on Falls Avenue. No. 83-93 - A by-law to authorize a release. ~ ~o. 83-94 - A by-law to authorize the execution of an agreement with Ontario Land Corporation respecting re-lotting of certain lots on Plan M-53. The motion Carried with Alderman Cummings abstaining from the vote on conflict of interest as previously recorded on No. 83-92; Aldermen Janvary and Merrett abstaining on conflict of interest previously recorded on No. 83-86; and Alderman Cummings opposed as previously recorded on No. 83-91; and all others in favour. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coyills, that the following by-laws be now read a second and third time: No. 83-83 - A by-law to authorize the execution of an agreement with Mel Minogue Limited for sandblasting (dry process) the F. H. Leslie swimming pool. No. 83-84 - A by-law to temporarily close part of Morrison Street from Victoria Avenue to Stanley Avenue. ,No, 83-85 - A by-law to amend By-law No. 7535s 1967, as amendads being a by-law respecti,ng noises. No. 83-86 - A by-law to authorize the execution of an agreement with Steed and Evans Limited for the application of hotmix asphalt repairs on certain streets in the City of Niagara Falls. NO. 83-87 - A by-law to authorize the execution of an agreement with Adrian Vander Wayden for mowing weeds on private lots. No. 83-88 - A by-law to authorize the execution of an agreement with Earl Murchie for chamical weed control. No. 83-89 - A by-law to authorize an agreement with Pec Roof Maintenance, a division of Ed Christensen Roofing Limited. No. 83-90 No. 83-91 No. 83-92 No. 83-93 No. 83-94 - A by-law to authorize the execution of an agreement with Green Lawn Spray of St. Catharines for broad leaf weed control and grub control. - A by-law to authorize the execution of an agreement with W. Duffin Contracting Ltd. for storm, sanitary and watermain installation, and road reconstruction and rehabilitation on certain streets. - A by-law to authorize an agreement with L. J. Rak Engineering Ltd. for a geotechnical investigation on Falls Avenue. - A by-law to authorize a release. - A by-law to authorize the execution of an agreement with Ontario Land Corporation respecting re-lotting of certain lots on Plan M-53. The motion Carried with Alderman Cummings abstaining from the vote on conflict of interest as previously recorded on No. 83-92; Aldermen Janvary and Merrett abstaining on conflict of interest previously recorded on No. 83-86; and Alderman Cummings opposed as previously recorded on No. 83-91; and all others voting in favour. NEW BUSINESS PORTAGE ROAD BRIDGE - LETTER FROM THE REGIONAL MUNICIPALITY OF NIAGARA Communication No. 148 - The Regional Municipality of Niagara - Re: Portage Road Bridge. The communication refers to the Public Works and Utilities Committee meeting April 26, 1983 at which time representatives .from the City Of Niagara Falls will discuss report DEP-1892 dealing with the Portage Road Bridge, with Regional staff. ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that the Region be requested to defer the matter for a week and advise Mayor Thomson, Councillor W. Smeaton and Staff in order that ~epresentation will be at the meeting. Carried Unanimously. FLAGS - MAPLE STREET SCHOOL STUDENTS Alderman Merrett advised that he had been contacted by students from a Grade 8 class of Maple Street School expressing concern regarding the condition of flags at various locations in the City of Niagara Falls. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that a suitable letter be forwarded to owners of the various buildings involved expressing the interest of the students. Carried Unanimously. NIAGARA WOMEN IN CRISIS Alderman Chessman referred to the dinner being held by Niagara Women in Crisis and requested that members of Council who are interested in attending the dinner to advise him. 1983 FEDERAL BUDGET Alderman Cummings discussed the 1983 Federal Budget which was recently reported by the news medias and suggested. that the City of Niagara Falls could be affected. ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that the auditing firm of Crawford, Smith and Swallow be requested to prepare a synopsis of the budget for information of Council. Carried Unanimously, - 10 - Mayor Thomson advised that a meeting had been arranged with the Honourable Joe Clark, and Mr. Dave Hagen, President of the Coalition of Unemployed Workers of Niagara Falls for tomorrow morning, at which time the brief previously presented to the Prime Minister of Canada, will be discussed. Alderman PuLtick referred to an article which had appeared recently in the Niagara Falls Review concerning a $4 million grant for an addition to a pollution control plant in Niagara Falls. ORDERED on the motion of. Alderman Puttick, seconded by Alderman Chessman, that Mr. A. MacBain, M.P., be contacted in order that a meeting might be scheduled to discuss Federal programs as well as questions of concern to the City. Carried Unanimously. MRS. A.J. ECKSTEIN - NAMING OF CITY STREETS Communication No. 149 - Mrs. A.J. Eckstein - Re: naming of City Streets. The communication requested that City Council give consideration to the naming of City streets in the Mountain Road, Dorchester Street, and Chippaws areas. Alderman Janvary requested that a letter be forwarded to Mrs. Eckstein discussing the concerns outlined in the letter. WINTARIO DRAW IN CITY OF NIAGARA FALLS Alderman Janvary referred to the Wintario Draw which will be held in the City of Niagara Falls on June 23, 1983 and discussed possible publicity for the occasion. Mayor Thomson advised that promotion for the event would be the responsibility of the Ministry of Tourism, and to date there has not been a contact from that office concerning this matter. CIVIC COMMITTEE Alderman Janvary presented an update report on the activities of the Civic Committee with particular emphasis on the letters being forwarded to groups in the City concerning future events. It was moved by Alderman Merrett, seconded by Alderman Cummings, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON TWENTY-FIRST MEETING REGULAR MEETING Council Chambers May 2, 1983 Council met on Monday, May 2nd, 1983 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Merrett and Puttick. His Worship, Mayor Thomson presided as Chairman. Alderman Baker offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Keighan, that the minutes of the meetings held April 18th and 25th, 1983, be adopted as printed. Carried Unanimously. PRESENTATIONS MR. LORNE EDGAR - RETIREMENT His Worship Mayor Thomson presented a retirement watch to Mr. Lorne Edgar who had been employed with the City of Niagara Falls since Febraury 6, 1962 in the Equipment Section. MR. PAUL RIOUX - RETIREMENT His Worship Mayor Thomson stated that Mr. Paul Rioux was unable to be present at the meeting to receive a retirement watch, due to ill health. He further advised that Mr. Rioux had begun employment with the former Township of Stamford on 3une 6th, 1955, and upon retirement on April 30th, 1983, had completed almost 28 years of service. MR. JOHN WILSON - 25 YEAR PLAQUE His Worship Mayor Thomson presented Mr. John Wilson with a 25 year plaque on behalf of the City. He advised that Mr. Wilson had commenced permanent employment with the former Township of Stamford on March 17, 1958 as a Grader Operator, and in October 1974 was appointed Shift Foreman at the Municipal Service Centre. MR. JIM CAMPBELL - 25 YEAR PLAQUE His Worship Mayor Thomson presented Mr. Jim Campbell with a 25 year plaque on behalf of the City. Mayor Thomson stated that Mr. Campbell had commenced work with the former Township of Stamford on April 16th, 1958 under the Labour classification, had progressed through the position of Truck Driver and in 1964 was appointed a Bull Clam Operator at the Sanitary Landfill Site, a position he has held for 19 years. DEPUTATION MR. DEAN GLENDENNING - CHIPPAWA LIONS CLUB PARK Report No. 258 - Recreation Commission - Re: Chippaws Lions' Park Building Proposal. The report recommends that Council give permission to the Chippaws Lions Club to construct a proposed building in the Chippaws Lions Club Park and that the existing agreement with the City be revised. Mr. Dean Glendennlng reviewed the design for the proposed building, advised that the Recreation Commission and Niagara South Recreation Board had expressed approval of the plans, and requested that an agreement be completed between the City and the Chippaws Lions Club before May 24th, 1983. Mr. Glendenning advised that the purpose of the building was for recreational events, banquets and weddings~ and that it would contain up to 300 people. He advised that the building would be available to some groups "free of charge" providing they were non-profit organizations. Mr. Glendenning further advised that no funding would be required from the City for the project· -2- Further discussion ensued concerning the number of jobs which would be open for approximately 6 months, funding under the N.E.E.D. program, additional conveniences to accommodate handicapped persons and design specifications meeting the criteria of the provincial government. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. UNFINISHED BUSINESS FEES FOR BINGO LICENCES - AND - REPORTS OF CHIEF ADMINISTRATIVE OFFICER Report No. 208- Chief Administrative Officer - Re: Bingo Operation. The report recommends: (a) That effective July let, 1983, the licence fee for bingo and raffle lotteries be 1% of the value of the prizes with a minimum of $10.00. (b) That in lieu of hiring a gaming inspector, the bingo financial reports be checked by an employee in the Finance Department and Commissionaires be authorized to carry out inspections of the various bingo operations. - AND - Report No. 220 - Chief Administrative Officer - Re: Fees for Bingo Licences. The report recommends that the information contained herein be received and filed. - AND - Communication No. 150 - Bingo Clubs - Re: Proposed Fee increases for lottery licences. The communication advises that basing of the fee structure on the prize money limit outlined in the licence would produce revenue in excess of the costs of monitoring. The communication requests that the fee be based on a percentage of the net profits derived from the operation of the Bingo lottery per night, payable upon submission of Bingo reports weekly. The communication further requests clarification regarding the 15% guideline on expenses, and further, that the guidelines be provided in advance to groups, outlining the authority of the officers and functions to be performed. A lengthy discussion followed with verbal submissions from Mr. Tony Cudgin, representing the Jaycees; Mro Peter Grandoni; Mr. Paul Heath, Solicitor; and other interested persons. The discussion included the concerns outlined in the above noted communication. Mr. Gudgin advised of a "Share the Wealth" game which has a fluctuating prize value,.wher~ the. exact. prize value could not be known prior to the event. The City Clerk advised that it would be considered illegal for the City to take a percentage of the profits, and suggested that an adjustment on an overpayment of the licenee fee might be made at the end of three months. Further discussion ensued regarding the criteria that total expenses should equal 15%. The suggestion was made that a more equitable solution would be to base the fee on a percentage of the gross income rather than a percentage of the prizes. The City Clerk etated that the fee must be based on the prize structure, a procedure which has been followed throughout the province. Mayor Thomson advised that definite criteria and guidelines would be prepared for the approval of Council prior to the suggested effective date of July 1st, 1983. The City Solicitor reviewed the information contained in Report No. 220 which outlined the position of the Province and the City with respect to licenee fees. Further consideration was given the 15% guideline on expenses of clubs operating bingo lotteries, and the legality of fluctuating hall rentals., as well as the responsibility of the revocation of licehess at the time of renewal. The City Solicitor stated that in the event that the fees exceed 15%,. it would be the responsibility of Council, or the Province, to revoke the license. It was established that there was a fixed cost for the hall, but the cost of supplies fluctuates. Mayor Thomson pointed out that the fee and inspection structure was intended to be established on a temporary basis only to ascertain the costs involved. It was'agreed that a report would be received on the matter and an evaluation made after 3 months trial period, Nayor Thomson further stated that -3 - Council would welcome any alternate suggestions or comments concerning the situation. He advised that the City Clerk would investigate the costs involved and submit a report to Council. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the reports be received and adopted, and further, that an evaluation report be submitted to Council on a three month basis. The motion Carried with Alderman Cummings abstaining from the vote on conflict of interest by reason of membership in a club which operates bingo lotteries, and all others voting in favour. REPORT No. 259 - Chief Administrative Officer - Re: Mount Forest II Subdivision - Stages I and II. The report recommends that: 1) Council pass the by-law on tonight's agenda authorizing execution of the Subdivision Agreement for the Mount Forest II Subdivision; 2) The Subdivision Agreement be amended to permit issuance of building permits for Lots 9 and 19 upon registration of the plan; 3) Council approve issuance of building permits for footings only for Lots 10, 11, 13, 18, 20, 22 and 27 inclusive, prior to completion of Class I works subject to: - registration of plan, - execution of an amending agreement to the Subdivision agreement, - provision of indemnity to the City suitable to the City Solicitor. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the report be received and adopted. Carried Unanimously. See By-law No. 83-100. COMMUNICATION No. 151 - Mrs. R. Tychynski - Re: Permission to hold Flea Market. The communication requests permission to hold a Saturday outside Flea Market on Park Street at Erie Avenue from 9:00 a.m. to 5:00 p.m. throughout the spring and summer months, beginning Saturday, May 14th, 1983. This would necessitate the closing of a portion of Park Street. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the request be approved and the by-law appearing later on the agenda be passed. Carried Unanimously. See By-law No. 83-97. UNFINISHED BUSINESS LEG HOLD TRAPS, KILLER TRAPS AND SNARES - AND - REPORT OF THE CHIEF ADMINISTRATIVE OFFICER Report No. 260 - Chief Administrative Officer - Re: Private Bill respecting the Prohibition of Leg Hold Traps, Killer Traps and Snares. The report recommends that the attached draft Private Bill respecting the above noted subject be approved by Council. ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 152 - The Corporation of the City of Hamilton - Re: Resolution on Economic Crisis. The communication encloses a copy of a resolution adopted by the Council of the Corporation of the City of Hamilton as well as a copy of the statement of The Episcopal Commission for Social Affairs of the Canadian Conference of Catholic Bishops, and requests the Council of the City of Niagara Falls to endorse the resolution. ORDERED on the motion of Alderman Keighan, seconded by Alderman Baker, that the Council endorse the last two paragraphs of the resolution. The motion Carried on the following vote: AYE: Aldermen Baker, Coville, Curmninge, Keighan, Kerrio~ and Somerville. NAYE: Alderman Cheeeman~ Hinspergerf Janvary, and -4.- No. 153 - The Royal Canadian Legion, Branch 51 - Re: Ontario Command Convention. The communication advises that the Ontario Command Convention is scheduled for May 15th to 18th, 1983 in Niagara Falls, with the official opening and business session to be held at the Memorial Arena. The organization requests permission to hang a banner on the corner of Kltchener Street and Victoria Avenue. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman C~tmmings, that the request be approved subject to approval of the Region and Niagara Falls Hydro. Carried Unanimously. No. 154 - Alderman Norman Puttick - Re: Replacement of Director of Municipal Works. The communication advises that Alderman Puttick will be absent from Council on May 2nd, asks Council to consider requesting Regional authorities and staff to examine the advantage of shifting the Clty's Engineering Department to the Region, and recommends that the matter be referred to Public Works for consideration. ORDERED on the motion of Alderman Janvary, seconded by Alderman Baker, that the communication be referred to Municipal Works for consideration. Carried Unanimously. No. 155 - Stamford Centre Volunteer Firemen's Association - Re: Annual Horseshoe Pitching Tournament. The communication requests permission to hold the group's Annual Horseshoe Pitching Tournament at Firemen's Park on July 9th and 10th, 1983, and further, requests a Special Occasion Permit. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Sommerville, that the request be approved subject to the required approvals from other authorities. The motion Carried with Alderman Cummings abstaining from the vote on conflict of interest by reason of membership in the group, and all others voting in layout. See Resolution No. 55. No. 156 - Stamford Centre Volunteer Firemen's Association - Re: Annual Horseshoe Tournament. The communication invites members of Council to participate. ORDERED on the motion of Alderman 3anvary, seconded by Alderman Baker, that the Association be thanked for the invitation and as many members of Council as possible attend. It was further recommended that Council challenge staff to Join in the competition. The motion Carried with Alderman Cunmaings abstaining from the vote on conflict of interest as previously recorded in Report No. 155, and all others voting in fayour. No. 157 - City of Kitchener - Re: Resolution on the De-institutionalization of Handicapped persons. The communication requests Council to endorse a resolution to request that the Ministry Of Health and the Ministry of Social Services provide additional funding for the support services that are required as a result of the de-institutionalization of emotionally and physically handicapped persons. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the resolution be endorsed and a copy forwarded to the Social Planning Council. Carried Unanimously. No. 158'- City of Kitchener _ Re: Amendment of Employment A~encies Act Resolution. The communication requests Council to endorse a resolution to amend the Employment Agencies Act to include firms operating as a 3ob Information Centre and a further amendment that all Employment Agencies must verify that in fact a job opportunity exists prior to receiving payment from any individual seeking employment. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Haker~ that the resolution be endorsed. Carried Unanimously. No. 159 - City of Kitchener - Re: Amendment to the Income Tax legislation for Municipal debentures. The communication requests Council to consider endorsing a resolution that the Federal Government consider amending the Income Tax Legislation to provide tax-free municipal debentures for purchases of municipal debentures and to incorporate such a procedure in new tax legislation in 1983. ORDERED on the motion of Alderman Baker, seconded by Alderman Keighan, that the communication be r4ceived and filed. Carried Unanimously. -5 - No. 160 - City of North York - Re: Daylight Saving Time. The communication requests that Council support a resolution that Daylight Saving Time be extended to include the first week in March to the first week in November. During the ensuing discussion that this matter be considered on an international level, with participation by the Federal Government, Mayor Thomson referred to a letter dated April 20th, 1983 from the Ministry of State in response to a previous resolution concerning the extension of DST. The Ministry advised that an extended date would result in a considerable saving of electric energy, a reduction in traffic accidents and other social advantages. The Ministry further advised that a consensus would be required by the provinces before changes to DST in Canada could be made, in order to maintain uniformity for communications and transportation purposes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the resolution be endorsed. Carried Unanimously. No. 161 - Niagara South Board of Education - Re: 1983 Niagara South Board of Education Budget. The communication advises that there will be a delay in the 1983 budget approvals due to the late receipt of the grant regulations from the Ministry of Education. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be received and filed. Carried Unanimously. - AND - No. 141 - Niagara South Board of Education - Re: Financial requirements for 1983. The communication advises that the final budget proposals would be based upon an average 8.5% increase in mill rate and requests the support of Council to a communication to the Premier and Treasurer of the Province of Ontario, expressing mutual concerns over the tax burden on the Niagara South ratepayers in 1983. ORDERED on the motion of Alderman Keighan, seconded by Alderman Cummings, that a decision on the matter be tabled. The motion Carried with Alderman Chessman abstaining from the vote on conflict of interest, by reason of employment with the Board, and all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the Chief Administrative Officer be directed to arrange a meeting with the School Board through the Board Chairman, Mrs. M.M. Sullivan. Carried Unanimously._. - AND- No. 142 - Niagara South Board of Education - Re: Niagara Falls Enrolment Review Committee meeting. The communication invites Council to attend the next Niagara Falls Enrolment Review Committee meeting at Westlane Secondary School on April 27th~ at 7:30 p.m. and welcomes Council and staff attendance at future meetings as indicated therein. ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the communication be received and filed. Carried. Unanimously. No. 162 - City of Windsor - Re: Resolution respecting loss of funding under the O.H.R.P. program. The communication requests the support of City Council regarding a resolution to the Minister of Municipal Affairs and Housing to reconsider the decision to eliminate the O.H.RjP. program. ORDERED on the motion of Aideman Cummings~ seconded by Alderman Coyills, that the City of Niagara Falls support the resolution that the Province continue with the O.H.R.P. program which has been beneficial to residents and the City. Carried Unanimously. No. 163 - Town of Grimsby - Re: Resolution - Dioxin. The communication advises of a resolution that the Federal and Provincial Ministers of the Environment be advised of concerns regarding dioxin in raw water samples within the Niagara, and both levels of government pursue, with all expediency, a clean up and the imposition of stringent environmental controls related to chemical contaminated wastes discharging into receiving waters from which municipal and private water supplies are taken. ORDERED on the motion of Alderman Kerris, seconded by Alderman Janyary, that the resolution be endorsed. Carried Unanimously. No. 164 - Consamer's Gas - Re: Increase in rates. The communication advises of an application to the Ontario Energy Board for an Order authorizing Consumer's Gas to increase its rates to recover an additional $28.5 million per year. : -6- A discussion followed concerning the proposed increase in gas rates in relation to the current economic situation, as well as the present high rates which necessitates alternative heating arrangements for numerous homeowners. Mayor Thomson advised that a "strong resolution" objecting to the increase with accompanying background information concerning the hardships resulting from the present high cost of gas for home heating.be forwarded. ORDERED on the motion of Alderman 3anysty, seconded by Alderman 0rr, that a "strong objection" be forwarded to the Board Secretary of the Ontario Energy Board, and to The Consumers' Gas Company Ltd. Carried Unanimously. No. 165 - Ministry of the Environment _ Re: Peninsula Chemical Analysis Ltd. - Application for Approval of a Waste disposal Site (Transfer). The communication advises of a request by Peninsula Chemical Analysis Ltd. to establish a processing transfer station in their laboratory facility, and the decision that a hearing by the Environmental Assessment Board is unnecessary. The communication requests the comments of Council regarding the proposed processing transfer station and position regarding a hearing. ORDERED on the motion of Alderman Cununings, seconded by Alderman Hinsperger, that the matter be referred to staff. Carried Unanimously. No. 166 - Shaw Festival - Re: request for grant. The communication advises of the activities of the Shaw Festival, discusses operating budget requirements, and requests assistance in the form of a $5,000 grant. Council was advised that the Finance Committee made the recommendation that the request be denied. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the request for financial assistance be denied. Carried Unanimously. No. 167 - Ministry of the Environment - Re: Pollution in Niagara River. The communication responds to a relax of January 28th, 1983 expressing strong feelings about the potential hazards to the Niagara River by the leaching of contaminant8 from the S-Area waste disposal site. The Ministry shares the concerns, particularly with regard to the danger to the aquatic environment, and the potential danger to humans. The communication reviews the actions being taken with the United States authorities, as well as the evaluation of the Ministry and its efforts to obtain relevant information. The Ministry advises of the results of its twice monthly monitoring of raw and treated waters at the Niagara Falls Water Treatment Plant. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the communication be received and filed. Carried Unanimously. No. 168 - Niagara Promotion Association _ Re: Blossom Festival '83. The communication advises of the 24th annual Blossom Festival from April 29th to May 22nd, 1983, with the Blossom Festival Parade scheduled for Saturday, May 7th, 1983, and requests approval of Council for the 1983 Blossom Festival and the assistance of the Recreation Director. ~ ORDERED on the motion of Alderman Keighan, seconded by Alderman Baker, that the request be approved with the support of Council. Carried Unanimously. No. 169 - A.A. MacBain, M.P. - Re: Pyramid Place - Unemployed Workers Coalition. The communication encloses a copy of a letter forwarded to a Special Committee of Niagara College and Mr. HaSan of the Unemployed Workers Coalition, which incorporates the suggestions that a part of the Pyramid Place complex be used as a small conference centre for medium to small conferences, as suggested by the City of Niagara Falls, and a pertton of the facility for on-the-job skill training programs. Mayor Thomson discussed his concerns regarding the suggestion that Pyramid Place be used as a school training facility, since' Council had approved the conversion of Pyramid Place to a conference centre. The possibility of the promotion of wines at the facility was considered. Mayor Thomson advised that if federal funding is not availsbias the Famous Players organization would participate in 50% of the funding. Reference was made to the purchase of land for Niagara College Campus on Dunn Street, for $105,000. Mayor Thomson expressed the view that a school facility for food preparation and the entire hospitality trade should be available within the City. ORDERED on the motion of Alderman Keighan, seconded by Alderman 0rr, that the conmmunication be received and filed. Carried Unanimously.. - 7- No. 170 - Perry's Place & Rex Motel - Re: Guide signing - Stanley Avenue & McLeod Road. The communication discussed the directional food and accommod- ation signs being erected in the subject area, and requests that Council and the Parking and Traffic Committee erect signs in the Stanley - McLoed area. indicating food and accommodation west of McLeod Road. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that the communication be referred to the Parking & Traffic Committee for consideration. Carried Unanimously. REPORTS No. 260 - City Clerk - Re: O.M.B. Hearing - Fiorentino. The report recommends that the date of the Ontario Municipal Board Hearing (May 10th, 1983) be noted and that this report be received and filed. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 261 - Chief Administrative Officer - Re: Flood Plain Mapping. The report recommends that the information contained herein be noted and a copy of the report sent to Mr. gel Swart, MLA. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 262 - Chief Administrative Officer - Re: 1983 Sidewalk Repairs, Contract S.R. 9-83. The report recommends that the unit prices submitted by the low tendeter, Alfidome Construction Limited, be accepted and the by-law approved. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 56. See By-law No. 83-98. No. 263 - Chief Administrative Officer - Re: 1983 Tender - Cutting of Grass in Rural Cemeteries. The report recommends that the tender of Munro's Lawn Maintenance in the amount of $1,421.00 for grass cutting in rural cemeteries be accepted. ORDERED on the motion of Alderman Baker, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See Resolution No. 57. See By-law No. 83-99. No. 264 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends payment of the municipal accounts. Additional information was supplied regarding Cheques No. 17476, 17536, and 17596. Aidermen Coyills and Chessman declared conflicts of interest on Cheque No. 17518 since relatives are employed with the Niagara Falls Public Library; and Alderman Hinsperger declared conflict of interest on Cheques No. 17462 and 17588 by reason of employment with Bell Canada. ORDERED onthe motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Aldermen Coyills, Chessman and Ninsperger abstaining from the vote on conflicts previously recorded, and all others voting in fayour. No. 265 - Chief Administrative Officer ~ Re: 1982 Annual Report of Building and Inspection. The report records the highlights for 1982 together with statistical data to provide a source of research information in future years. Mayor Thomson stated that this was a very good report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and filed. Carried Unanimously. No. 266 - Chief Administrative Officer - Re: Wood Burning Stoves. The report recommends that it be received in response to Council's request for information concerning wood burning stoves. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received for information. Carried Unanimously. -8- No. 267 - Chief Administrative Officer - Re: Cleaning and Clearlng of Properties. The report recommends that City Council approve the by-law appearing on tonightIs agenda which requires and regulates the filling up, cleaning up and clearing of grounds, yards or vacant lots within the City of Niagara falls. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 83-101. No. 268 - Chief Administrative Officer - Re: Quit Claim Deed from City to Oakes Drive Motel Limited. The report recommends that the Municipality quit claim a small parcel of land in favour of Oakes Drive Motel Limited for 50% of its fair market value, subject to the following conditions: (a) That Oakes Drive Motel Limited execute a suitable agreement indemnifying the City against any claim in respect of the conveyance of its interest in the land; (b) That Oakes Drive Motel Limited pay all appraisal and surveying costs in connection with the transaction. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 269 - Chief Administrative Officer - Re: Remuneration - Fence-Viewers. The report recommends that the By-law appearing later on the agenda, to provide for an increase from $10.00 to $20.00 in the per diem remuneration to fence- viewers, be passed and that this report be received and filed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. See By-law No. 83-96. No. 270 - Chief Administrative Officer - Re: Request for Release, 2855 Olden Avenue, Lot 16, Plan M-29, Niagara Falls, Ontario. The report recommends that Councll pass the by-law appearing on this agenda to authorize a release of Lot 16, according to Registered Plan M-29 from the provisions of a subdivision agreement between the City and Taro Properties Incorporated dated November 1974 and registered as Instrument No. 232482, as amended by an agreement dated August 29, 1975 and registered as Instrument No. LT-2013. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 83-95. No. 271 - Chief Administrative Officer - Re: Ontario Association of Fire Chiefs. The report recommends that City Council authorize the following persons to attend the Annual Conference of the Ontario Association of Fire ?Chiefs to be held in North Bay, May 15-19, 1983: Chief Dave Kemp Area Chief Gone Somerville Area Chief Tom Smith Area Chief Manrice Demers - Niagara Falls Fire Department - Chippawa - Willoughby - Crowland ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 272 - Chief Administrative Officer - Re: Annual Report - Niagara Falls-Fire Department. The report includes information concerning the operations and activities of the Niagara Falls Fire Department during 1982, together with the detailed activities of the Directors of Training and Fire Prevention. Mayor Thomson stated that the report was excellent and appreciation shoul~ be expressed to the Fire and Building Departments for the preparation of fine reports. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinspefger~ that the report be received and filed. Carried Unanimously. No. 273 - Chief Administrative Officer - Re: Lot 14, Falls 'Industrial Park Extension. The report recommends that Council authorize the sale of Lot 14 in Registered Plan M-67 to Dundan Pattern Company (1975) Limited at a purchase i -9- price of $17,189.50, subject to the purchaser entering into an Agreement of Purchase and Sale. Also, that Council enact the by-law to authorize such sale. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 55 - HINSPERGER - SOMERVILLE - RESOLVED that the Stamford Centre Volunteer Firemen's Association be granted permission to conduct a beer concession in conjunction with their annual Horseshoe Pitching Tournament on July 9th and 10th, 1983, at Firemen's Park, subject to the approval of the Niagara Regional Police, the Niagara Falls Fire Department, the Niagara District Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. The motion Carried with Alderman Cummings abstaining from the vote on conflict of interest by reason of membership in the group, and all others voting in favour. No. 56 - KEIGHAN - HINSPERGER - RESOLVED that the unit prices submitted by the low tendeter, Alfidome Construction Limited, for 1983 Sidewalk repairs, Contract S.R. 9-83, be accepted at the tender price of $94,826.90, and the by-law approved; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 57 - BAKER - JANVARY - RESOLVED that the unit prices submitted by the low tendeter, Munro~s Lawn Maintenance, for grass cutting in rural cemeteries, be accepted at the tender price of $1,421.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 58 - CHEESMAN - BAKER - RESOLVED that the Weed Inspector of the City of Niagara Falls be directed to cause noxious weeded.or weed seeds on any subdivided portion of the Municipality and lots not exceeding ten acres, whether or not the lots are part of a plan of subdivision, to be destroyed in the manner prescribed in the regulations made under the Weed Control Act; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 59 - ORR - SANVARY - RESOLVED that a message of condolence be forwarded to the family of the late Mr. George T. Farroll, a former Postmaster in the City of Niagara Falls, a highly respected member of the community, and also father of the City Treasurer, Gerald E. Farroll; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws and the by-laws be read a first time: No. 83-95 -~A by-law to authorize a release. No. 83-96 - A by-law to appoint fence-viewers. No. 83-97 - A by-law to close a portion of Park Street to vehicular traffic on a temporary basis. .No. 83-98 - A by-law to authorize the execution of an agreement with Alfidome Construction'Limited for sidewalk repairs. No. 83-99 - A by-law to authorize the execution of an agreement with John C. Munro carrying on business as Hunrole Lawn Maintenance for grass cutting and trimming of cemeteries. No. 83-100--A by-law to authorize a subdivision agreement with Rick Redekop Ltd. and others (Mount Forest II Subdivision). - 10 - No. 83-101 - A by-law for requiring and regulating the filling up, draining, cleaning, clearing of any grounds, yard and vacant lots in the City of Niagara Falls. No. 83-102 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cheesman, Coville, and Htnsperger abstaining from the vote on conflicts of interest previously recorded on Report No. 264, and all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: ' No. 83-95 - A by-law to authorize a release. No. 83-96 - A by-law to appoint fence-viewers. No. 83-97 - A by-law to close a portion of Park Street to vehicular traffic on a temporary basis. No. 83-98 No. 83-99 - A by-law to authorize the execution of an agreement with Alfidome Construction Limited for sidewalk repairs. - A by-law to carrying on trimming of authorize the execution of an agreement with John C. Munr0 business as Munro's Lawn Maintenance for grass cutting and cemeteries. No. 83-100 - A by-law to authorize a subdivision agreement with Rick Redekop Ltd. and others (Mount Forest II Subdivision). No. 83-101 - A by-law for requiring and regulating the filling up, draining, cleanit clearing of any grounds, yard and vacant lots in the City of Niagara Falls. No. 83-102 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Chessman, Coville, and Hinsperger abstaining from the vote on conflicts of interest previously recorded On Report No. 264, and all others voting in fayour. NEW BUSINESS PORTAGE ROAD BRIDGE Mayor Thomson referred to a letter from the Regional Municipality of Niagara dated April 28th, 1983 regarding the Portage Road Bridge, which had been distributed to members of Council. The communication advises that the next meeting of the Public Works and Utilities Committee is scheduled for May 10th, 1983 at the water treatment plant at 323 King Street, Port Colborne. Mayor Thomson advised that he had requested that the discussion of the Portage Road Bridge be deferred to a meeting at Regional Headquarters since the budgets of the Region and City are nearing completion. NIAGARA FORGE - FALLS INDUSTRIAL PARK EXTENSION Alderman Chessman initiated a discussion regarding the noise and vibration concerns expressed by the industries adjacent to Niagara Forge at the Falls' Industrial Park Extension. Mayor Thomson advised that visits had been made to the site by himself and the Chief Administrative Officer, the problems discussed at a previous meeting of Council had been confirmed, and in particulars within the office of the President of Dorcy Ashflash Canada Ltd. The Chief Administrative Officer stated that an investigation had been made at the Uni Quarto plant which manufactures cameras with parallel mirrors. The'companies~ere assured thataction"~ould~be taken to try to resolve the problems. Further investigation had revealed th~ information that a contact in Cleveland~ Ohio~might be of assistance. - 11 - Alderman Cummings discussed the possibility that the "soil" was acting as a conductor and suggested that the Chief Administrative Officer contact an engineering firm to investigate the use of a trench against the defined problems. Mayor Thomson advised that Council would be kept informed of actions taken. PROSTITUTION - CITY OF NIAGARA FALLS Mayor Thomson referred to the Supreme Court ruling which had affected the by-law with regard to prostitution in the City of Niagara Falls. He further referred to the recent activities of prostitutes in the problem area. Mayor Thomson discussed the progress of the Justice Committee, a recent contact from Halifax, N.S., and asserted that action should be taken within the next three weeks in order to avoid a more serious problem. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that a strong resolution be forwarded to the Prime Minister, the Minister of Justice, and the Federal Member of Parliament suggesting the seriousness of the problem and demanding that this be considered as soon as possible to clear up the problem. Carried Unanimously.- It was moved by Alderman Cummings, seconded by Alderman Chessman, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON TWENTY-SECOND MEETING Committee Room #1 May 9, 1983 Council met on Monday, May 9th, 1983 at 7:15 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Chessman. Alderman 3anvary presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting and ad~' ~,to General Committee Session. READ AND AD PTED, ' MAYOR WAYNE THOMSON SESSION Council Chambers May 9, 1983 Council met on Monday, May 9th, 1983 at 7:30 p.m. in General Committee Session. All members of Council were present. His Worship, Mayor Wayne Thomson presided as Chairman. FORMAL SESSION RATIFICATION OF GENERAL COMMITTEE DECISIONS REPORT No. 274 - Finance Committee - Re: Finance Committee Reports. The Finance Committee recommends that Council adopt the following actions: Niagara Falls Music Theatre Society Lease Agreement - that Council enter into an agreement with the Niagara Falls Music Theatre Society for the lease of the Walnut Street Firehall at an annual fee of $1.00 and that the Society be required to continue maintaining the building and carry=out $l~000.in improvements annually to the premises. April, 1983 Federal Budget - that Council review the information contained in the report and that maximum advantage be taken of all the appropriate programs. 3) 1983 Conferences & Conventions - that Council adopt the 1983 schedule for conferences and conventions. 4) Advertising in Niagara Falls Review Tabloid for the Royal Canadian Legion Convention - advertising not be taken in the Niagara Falls Review tabloid for the Royal Canadian Legion. 5) City Participation in the Festival of Lights - that the City participate in the Festival of Lights by lighting certain City properties to the extent that funds are available as has been the custom in previous years. 6) Assessment Review Court Appeal Procedures - that Council adopt the Assessment Review Court appeal procedures as outlined. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. PRESENTATIONS ROB BRANDWOOD, LINDA JOHNSTON, gRIN VANWYNGAARDEN, TOM KNIGHT - ACHIEVEMENT AWARDS His Worship, Mayor Thomson presented Achievement Awards on behalf of the City of Niagara Falls to members of the A.N. Myer Curling Team, winners of the All Ontario Junior Mixed Curling Championship, at Southampton in March 1983. The team includes Rob Brandwood, Skip; Linda Johnston, Vice-Skip; Erin Van WynSaarden~ Second; and Tom Knight, Lead. Mayor Thomson congratulated the team and expressed the appreciation of City Council and the City for the involvement and recognition at the Provincial level. -2- MR. GORDON WADE - ACHIEVEMENT AWARD Mr. Cordon Wade, winner of the Ontario Badminton Championship Veterans Double in Stratford, Ontario on March 27th, 1983, was presented with an Achievement Award by His Worship Mayor Thomson, on behalf of City Council and the City of Niagara Falls. Mayor Thomson congratulated Mr. Wade on his recent victory and expressed appreciation of the assistance given to young people in the community. MR. ROBERT FORTUNA - ACHIEVEMENT AWARD His Worship, Mayor Thomson presented Mr. Robert Fortune with an Achievement Award on behalf of Council and the City of Niagara Falls. Mr. Fortune a member of the Niagara Falls Boxing Club, won the 119 lb. Open Class Division Ontario Championship in Sudbury, Ontario, in March 1983. Mayor Thomson reviewed the six previous Awards won by Mr. Fortune, and offered congratulations on the recent win and recognition he had brought to the City. UNFINISHED BUSINESS AM-20/82 _ RESTRICTED AREA BY-LAW NO. 83-39 - PETER VAN KLEEF - AND - REPORT OF CITY CLERK Report No. 275 - City Clerk - Re: AM-20/82 - Restricted Area By-law No. 83-39 Peter Van Kleef - Proposed Campground. The report recommends that Council decide if it wishes to reaffirm its approval of the above By-law in view of the objection and, if so~ that the Clerk be instructed to forward the By-law, along with the objection, to the Ontario Municipal Board requesting a public hearing. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that the report be received and adopted. The motion .Carried on the following vote: AYE: Aldermen Chessman, Coville, Cummings, Hinsperger, Keighan, Kerris, Merrett, Orr, Puttick and Somerville. NAYE: Aldermen Janvary and Baker. PEDESTRIAN WALKWAYS & EMERGENCy ACCESSES _ AND - REPORT OF THE CHIEF ADMINISTRATIVE OFFICER Report No. 276 - Chief Administrative Officer - Re: Fifth Report of the Planning & Development Committee regarding 6 Pedestrian Walkways and l~nergency Accesses, as part of the Committee's continued process of review and recommendations. The report recommends the following: 1) That Walkway 15 from Valour Park westerly to Wiltshire Boulevard be closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the recommendation be received and adopted. Carried Unanimously. 2) That Walkway 11 from Brady Street northerly to the park and school area remain open. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that the recommendation be received and adopted. Carried Unanimously. 3) That Walkway 10(3) from Rosscan Place easterly to Fairway remain open. ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that the recommendation be received and adopted. Carried Unanimously. 4) That Walkway 10(2) from Sauterne Place westerly to Appleford remain open. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary,' that the recommendation be received and adopted. Carried Unanimously. 5) That Walkway 9(1) from Brian Crescent to Harriman Street remain open. Some opposition to this recommendation was indicated by members of Council on behalf of interested residents. ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger~ that the recommendorion be received and adopted. The motion Carried on the following vote: _. AYE: Aldermen Baker, Coville, Hinsperger, Janvary, Keighan~ 0rr, Puttick, and Somerville. NAYE: Aldermen Cheesman~ Cummings, Kerrio, and Merrett. -3- 6) That Walkway 9(2) from Brian Crescent easterly to Dorchester Road remain open. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the recommendation be received and adopted. Carried Unanimously. PEDESTRIAN WALKWAY NO. 48(2) FROM VILLAGE CRESCENT TO FRONTENAC STREET - AND - REPORT OF THE CHIEF ADMINISTRATIVE OFFICER Report No. 277 - Chief Administrative Officer - Re: Pedestrian Walkway No. 48(2) from Village Crescent to Frontenac Street. The report recommends that City Council make a final decision respecting the closing of Walkway No. 48(2). Mayor Thomson reviewed the previous actions concerning the subject walkway, that the decision of Council had been to close the walkway subject to discussions with the adjacent owners, and a report concerning estimated costs of remedial measures, fencing and removal of the concrete. Mrs. Mancuss was present at the meeting, and suggested moving the fence and leaving the concrete in. It was agreed that the details of the closing might be left to staff. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the report be received and alternative number 4 to completely remove the concrete walkway, re-sod and convey the property to the adjacent land owners, be adopted, subject to staff assuming responsibility for final arrangements. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Coville, Cummings~ Hinsperger, Kerris, Merrett, Orr, Puttick, and Somerville. NAYE: Aldermen Janvary and Keig~an. WHIRLPOOL ROAD BRIDGE - AND - REPORT OF MAYOR THOMSON Report No. 278 - Mayor Thomson - Re: Whirlpool Road Bridge. The report attaches a Brief which had been submitted to Mr. Phillip Andrewes, M.P.P., Parliamentary Assistant to the Minister of Energy regarding the participation of Ontario Hydro in the cost of reconstructing the Whirlpool Road Bridge, and advises that members of Council will be kept informed of progress in the matter. Mayor Thomson stated that further action would be taken to pursue the matter. Alderman Keighan expressed the opinion that the information had been "well put together". ORDERED on the motion of Alderman Keighan, seconded by Alderman Htnsperger, that the report be received and filed. Carried Unanimously. COMMUNICATIONS No. 171 - Conrail - Re: CN/CP sale of Stock & Leashold Interest in Canada Southern Railway Company and Detroit River Tunnel. The comnunication advises that negotiations have been completed and an agreement entered into between Conrail and the Canadian National Railway Company and Canadian Pacific Limited (CN/CP) for the sale of the stock and leasehold interest in the Canada Southern Railway Company and the Detroit River Tunnel. It further indicates that officials of both railways would be contacting interested persons. Mayor Thomson indicated his concern regarding the present and future jobs which will be "lost" and pension schemes influenced by the takeover of CN/CP. He advised that a' substantial amount of documentation had been received and would be included in the Council Agenda for May 16th. Council was further advised that the City of St. Thomas had been actively opposing the transaction. ORDERED on the motion of Alderman Keighan, seconded by Alderman Merrett, that the communication be received and filed, and further that the Chief Administrative Officer obtain information regarding plans and strategies to vigorously oppose the sale. Carried Unanimously. ~ No. 172 - William M. Peters & Stamford Horticultural Society - Re: Decision change on removal of Oak tree in front of Stamford Green on Portage Road. The communication refers to the historical significance and vandalism of the subject trees and requests the consideration of Council of preserving the white oak tree. - AND - No. 172(a) - Ministry of Natural Resources - Re: White oak tree - Portage Road and Stamford Green. The communication reviews the deteriorating condition of the tree~ the possibility of repairing the tree which might be impractical, and costly~and -4- states that the tree is "probably on a natural decline" and recommends that the tree be removed. The Chief Administrative Officer offered a slide presentation showing the position and current condition of the subject tree. He discussed previous repairs, and the new growth which, according to the Ministry of Natural Resources, usually indicated internal problems. The location of the tree was discussed in terms of danger to pedestrians and vehicular traffic under conditions of stress, and related the City's knowledge of the hazardous condition and responsibility. Mr. William M. Peters expressed opposition to removal of the oak tree, stated that the president of the local Horticulture Society had confirmed that the tree could be "saved"; suggested alternative actions which might be taken, i.e., re-routing the road, or building a protective wall around the base; repairing the tree; and discussed the beauty and historical heritage of this ancient tree to which a plaque might be added. A discussion followed concerning cost estimate of repairing the tree, sources of funding, volunteer assistance from the Horticulture Society, trimming the tree of heavy limbs and decayed growth as a compromi§e,tand attaching a plaque to the new growth. The Chief Administrative Officer advised that a brick wall could not be built on a municipal road allowance, that the road must be within the designated allowance, and suggested that the City would be in a "very serious condition" if the recommendation of the Ministry was disregarded. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that staff investigate the possibilit~ of..trimming..and preserving the oak tree on Portage Road at Stamford Green, through contacts with the Ministry of Natural Resources and Niagara Parks Commission. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Coville, Cummings, Hinsperger, Janvary, Kerrio, Merrett, PuttickJ and Somerville. NAYE: Aldermen Keighan and 0rr. No. 173 - The Unemployed Workers Coalition - Re: Discount Transit Passes for Unemployed in Niagara Falls. The communication requests the support of Council in obtaining discount transit passes for unemployed persons in Niagara Falls. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the request be referred to Niagara Transit for consideration. Carried Unanimously. No. 174 - Owners of Townhouses between Warden & Waters Streets - Re: Townhouses Vandalism. The communication represents a petition signed bylll owners of the aforementioned Townhouses, regarding vandalism within the area. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the complaint be referred to the Chief Administrative Officer for an investivation through the Owners and the Police Department. Carried Unanimously. No. 175 - Regional Municipality of Niagara - Re: 1983 Regional Tax Levy. The communication encloses a copy of By-law 3317-83, entitled "A by-law to levy against the area municipalities for the sums of money required during the year 1983 for the general purposes of the Regional Corporation" and includes information concerning the amount levied against the municipality. ORDERED on the motion of Alderman Cummingss seconded by Alderman Kerrio, that the communication be received and filed. Carried Unanimously. No. 176 - Chippaws Business Association - Re: Guide signing for Chippaws. The communication attaches a copy of a letter from Mrs. Joyce Schefold of Rolph's, which requests that the Association investigate the matter of guide signing for visitors to the area. The communication refers to the confusion caused by guide signing in the area and requests assistance in the matter. - AND - No. 176(a) - Mayor Thomson - Re: M.T.C. Policy re guide signing. The communication addressed to the M.T.C. requests an exception to the present guide signing policy of the Ministrys and further, that consideration be given to the addition of the the municipality,s name in conjunction with the old village. name of Chippawa,on the sign at the 8odom Road exit of the Q.E.W. -5 - - AND - No. 176(b) - Ministry of Transportation & Communications - Re: Guide sign on the Queen Elizabeth Way at the Sodom Road Exit. The communication discusses the signing at six interchanges including Sodom Road, for Niagara Falls, and advises that the signing of two destinations such as Niagara Falls and Chippaws would jeopardize the present policy and create problems in denying similar requests from other municipalities. Therefore, the M.T.C. denied the request. Mayor Thomson discussed the need for consideration with regard to another sign on the Q.E.W., at the Thorold Stone Road interchange. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that Mayor Thomson request the Ministry of Transportation and Communications give further consideration to guide signing at the Thorold Stone Road and Sodom Road interchanges. Carried Unanimously. No. 177 - Government of Canada - Re: National Physical Activity Week. The communication requests that City Council proclaim the week of May 15th to 23rd, 1983, as National Physical Activity Week in the community. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the week of May 15th to 23rd, 1983 be proclaimed National Physical Activity Week. Carried Unanimously. No. 178 - Canadian Broadcasting Corporation - Re: "Reach for the Top" TV Program. The communication requests that Mayor Thomson host an informal dinner for Canada's top students and their teachers, national finalisis of the Reach for the Top TV show. The dinner to be held on Sunday, May 15th in Niagara Falls, with CBC contributing towards expenses of the dinner on a 50-50 basis. ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that the communication be received and approval given for participation as requested. The motion Carried on the following vote: AYE: Aldermen Baker, Chessman, Coyills, Hinsperger, Janvary, Keighan, Kerrio, Merrett~ Orr, Puttick and Somerville. NAYE: Alderman Cummings. REPORTS No. 279 - Chief Administrative Off icer- Re: F. H. Leslie Swimming Pool - Repairs. The report recommends that Council approve the by-law on tonight's agenda author- izing staff to enter into an Agreement and Contract with Husky of Niagara Contracting Limited, for repair work at the F. H. Leslie Swimming Pool. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. See Resolution No. 60. See By-law No. 83-106. No. 280 - Chief Administrative Officer - Re: Sale of Surplus Lots - Northwest 'Corner of Sinnicks Avenue and Vine Street. The report recommends that the Clerk's office be authorized to obtain an Opinion of Value and that offers be invited for the ~urchase of Lots 101 and 102, Plan 109, situated at the northwest corner of Sinnicks Avenue and Vine Street. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 281 - Chief Administrative Officer - Re: Construction of Curbs & Gutters and Top Asphalt in the Meadowvale Extension Subdivision, and Sidewalks on Mundare Crescent - Contract R.C. 12-83. The report recommends that the unit prices submitted by the low tender Stephens and Rankin Inc.~ be accepted for the above contract. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 61. See By-law No. 83-103. -6- - 7- No. 282 - Chief Administrative Officer - Re: Tender for Crack Sealing - Contract R.M. 10-83. The report recommends that the tender received from Duron Ontario Limited in the amount of $13,680 for sealing of cracks in roadway surfaces be accepted. Alderman Cummings expressed the opinion that any tender received from outside the municipality with an employee complement of 75% from Niagara Falls, and within 5% of the low tender, would receive his support. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the contract be awarded to Richard A. Smith & Sons Contracting of Niagara Falls. The motion was Defeated on the following vote: AYE: Aldermen Cummings, Janvary, Kerrio, Merrett, and Somerville. NAYE: Aldermen Baker, Chessman, Coyills, Rlneperger~ Keighan, 0rr, and Puttick. Alderman Baker expressed the view that if the contract was for a substantial sum of money, the municipality would be unable to afford giving preferential treatment to local contractors. Re referred to the efforts made recently by a contractor from outside the City to obtain a contract. ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Covllle, Hinsperger, Keighan, Orr, and Puttick. NAYE: Aldermen Cummings, Sanvary, Kerrio, Merrett~ and Somerville. See Resolution No. 62. See By-law No. 83-105. No. 283 - Chief Administrative Officer - Re: Tenders for Dust Control - Contract D.C. 11-83. The report recommends that the tender received from Norjohn Contracting Limited for supplying and applying one application of Bond All N.3. to various road surfaces in the amount of $14,175, be accepted; and that staff be authorized to proceed with a second application of the material when conditions warrant the application. ORDERED on the motion of Alderman Cummings, seconded by Alderman Rlnsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 63. See By-law No. 83-104. No. 284 - Chief Administrative Officer - Re: Monroe Subdivisioe Extension No. 1, Plan M-91, Driveway Access to Lot 1. The report recommends that the subdivision agreement for the above subdivision be amended to provide a driveway access to Lot 1 from Thorold Stone Road rather than Burbank Crescent between Lots 2 and 3. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings~ that the report be received and adopted. Carried Unanimously. No. 285 - Chief Administrative Officer - Re: Ontario Home Renewal Program. The report recommends that the Ontario Rome Renewal Program be altered so that no further monies will be forgivable. The Program will only provide loans. Mayor Thomson suggested that a "strong resolution" be forwarded to the Ministry of Municipal Affairs indicating that the cut back in the program would be a "tremendous loss" to the municipality. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted, and further, that a strong resolution be forwarded to the Ministry indicating disappointment regarding the reduction in the programs and requesting that the program be reinstated. Carried Unanimously. No. 286 - Chief Administrative Officer - Re: Extension of Draft Plan Approval, Valley Way West~ 26T-76012. The report recommends that Council pass a resolution supporting a further one year extension to the Valley Way West draft plan of subdivision be forwarded to the Ministry of Municipal Affairs & Housing. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hinsperger, that the report be received and adopted· Carried Unanimously. See Resolution No. 64. No. 287 - Chief Administrative Officer - Re: Status Report - Reassessment of Queen Street Properties. The report recommends that the information contained herein be noted and the report received and filed. ORDERED on the motion of Alderman Cunmings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. __ RESOLUTIONS No. 60 - KERRIO - SOMERVILLE - RESOLVED that Council of the City of Niagara Falls supports a by-law on tonight's agenda authorizing staff to enter into an A~reement and Contract with Husky of Niagara Contracting Limited, for repair work at the F. H. Leslie Swimming Pool; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 61 - CHEESMAN - HINSPERGER- RESOLVED that the unit prices submitted by the low tender of Stephens and Rankin Inc., for construction of curbs and gutters, and top asphalt in the Meadowvale Extension Subdivision, and sidewalks on Mundare Crescent, Contract R.C. 12-83, be accepted for the tender amount of $42,543.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 62 - BAKER - HINSPERGER - RESOLVED that the unit prices submitted by Duron Ontario Limited for crack sealing, Contract R.M. 10-83, be accepted at the low tender price of $13,680.00; AND the Seal of the Corporation be hereto affixed. The motion Carried with Aldermen Cummings, Janvary, Kerrio, Merrett, and Somerville, opposed, and all others voting in fayour. No. 63 - CUMMINGS - HINSPERGER - RESOLVED that the unit prices submitted by the low tender of Norjohn Contracting Limited for supplying and applying one application of Bond All N.3. to various road surfaces, be accepted at the tender price of $14,175.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 64 - KERRIO - HINSPERGER - RESOLVED that Council pass a resolution supporting a further one year extension to the ~alley Way West draft plan of subdivision - File No. 26T-76012, and the Ministry of Municipal Affairs & Housing be so advised; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that leave be granted to introduce the following by-laws and the by-laws be read a first time: No. 83-103 - A by-law to authorize the execution of an agreement with Stephens and Rankin Inc. for the construction of finished roads in Meadowvale Extension Subdivision and sidewalks on Mundare Crescent. No. 83-104 - A by-law to authorize an agreement with Norjohn Contracting Limited for dust control on certain roads within the City of Niagara Falls. No. 83-105.- A by-law to authorize an agreement with Duron Ontario Ltd. for crack sealing on various road surfaces in the City of Niagara Falls. No. 83-106 - A by-law to authorize the execution of an agreement with Husky of Niagara Contracting Limited. No. 83-107 - A by-law to authorize the sale of land in the Falls Industrial Park Extension. The motion Carried with Alderman Cummings opposed to By-law No. 83-105, and all others voting in fayour. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the following by-laws be now read a second and third time: NO. 83-103 - A by-law to authorize the execution of an agreement with Stephens and Rankin Inc. for the construction of finished roads in Meadowvale Extension Subdivision and sidewalks on Mundar~ Crescent· -8- No. 83-104 - A by-law to authorize an agreement with Norjohn Contracting Limited for dust control on certain roads within the City of Niagara Falls. No. 83-105 - A by-law to authorize an agreement with Dutch Ontario Ltd. for crack sealing on various road surfaces in the City of Niagara Falls. No. 83-106 - A by-law to authorize the execution of an agreement with Husky of Niagara Contracting Limited. No. 83-107 - A by-law to authorize the sale of land in the Falls Industrial Park Extension. The motion Carried with Alderman Cummings opposed to By-law No. 83-105, and all others voting in fayour. NEW BUSINESS SIESTA MOTEL - LICENCE FEE Communication No. 179 - Siesta Motel - Re: Adjustment for Motel Licence Fee. The communication requests the consideration of Council in the adjustment for the Siesta Motel licence fee since change of ownership of the motel occurs on 3une 16th, 1983. It was pointed out that the fee for the year amounts to $131.00 and the new owner must pay this amount immediately, thereby duplicating payment of the fee. Mayor Thomson advised that there was no provision in the by-law for the requested adjustment, and that any change would require an amendment to the by-law. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the communication be received and filed. The motion Carried with the following vote: AYE: Aldermen Chessman Cummings, Hinsperger, Janvary, Keighan, Kerrio, Merrett, Orr, Puttick, and Somerville. NAYE: Aldermen Baker and Coville. ONTARIO WASTE MANAGEMENT CORPORATION - INDUSTRIAL WASTE TREATMENT AND DISPOSAL FACILITIES Communication No. 180 - Ontario Waste Management Corporation - Re: Industrial Waste treatment and disposal facilities in the Golden Horseshoe. The communication invites representation from Council at a luncheon on Tuesday, May 17th, 1983 at 1:00 p.m. in the Victoria Albert Room, Holiday Inn, 150 King Street East, Hamilton, to receive an update report of progress concerning industrial waste treatment and disposal facilities in the Golden Horseshoe. ORDERED on the motion of Alderman Chessman, seconded by Aldern~an Cummings, that the communication be received and filed and authority be given for appropriate personnel to attend the meeting. Carried Unanimously~ MaIN AND FERRy BUSINESS ASSOCIATION - PARKING METERS Communication No. 181 - Main & Ferry Business Association - Re: Parking Meters. The communication advises that.at the next meeting of the Association on Tuesday, May 10th, 1983, at the Cairn Croft, there will be a further discussion concerning the installation of parking meters at Sylvia Place. It was agreed that representatives of the City would attend the meeting. CAKES PARE BASEBALL DIAMOND STANDS - AND - REPORT OF THE CHIEF ADMINISTRATIVE OFFICER Report No. 288 - Chief Administrative Officer - Re: Cakes Park Baseball Diamond Stands. The report recommends the following: 1. Acres Consulting Services Limited be engaged to provide drawings for temporary structural repairs, and inspect the work in order to guarantee the stands for the remainder of the season at a cost of $4,500. 27 City staff be authorized to purchase materials to be recon~uended by the consultant for undertaking the repairs. ~. City employe~s be used to install wooden beams~ columns and column supports to be recommended by the consultants. -9- 4. The opinion Of various interest groups such as the Recreation Commission be obtained on the need to replace these stands. 5. Using Acres Consulting Services Limited recommendations as a guide, the opinion of various groups such as the Recreation Commission be obtained on the type of stands desired as a replacement for present stands. 6. Once the need for and the type of stands has been determined, a further report be prepared with recommendations on proceeding with designing, building, and financing of this structure. ORDERED on the motion of Alderman Orr, seconded by Alderman Kerrio, that the report be received and adopted. The motion Carried with Alderman Cummings · abstaining from the vote on conflict of interest, by reason of employment with Acres, and all others voting in favour. B & N INTERMODAL SERVICES - SALE OF CONRAIL TO CN/CP Communication No. 182 - B & N Intermodal Services - Re: Sale of Conrail to CN/CP. The communication encloses copies of newspaper articles regarding the sale of Conrail to CN/CP. Mayor Thomson stated that the information discusses the affected areas. He further advised that the information would be available for the next meeting of Council. NIAGARA SOUTH BOARD OF EDUCATION - N.F.C.V.I CLOSING Mayor Thomson advised that the meeting of the Niagara South Board of Education meeting was scheduled for Tuesday, May 10th, 1983 at 4:00 p.m. for a discussion of the proposed closing of N.F.C.V.I. FINANCE COMMITTEE MEETING Alderman Janvary announced that the Finance Committee would meet subsequent to this Council meeting, to have further discussion concerning the 1983 Budget. CIVIC COMMITTEE REPORT Alderman Janvary presented an update report on the Civic Committee with particular mentioned made of a meeting at the Blue Line Room, Thursday, May 12th, 7 p.m. for a discussion of Canada Day. Alderman Janvary expressed regret concerning a recent decision of the Ontario Municipal Board which reversed a decision made by the Planning Committee concerning Claude Avenue Subdivision. JR. "A" FRANCHISE Alderman Cummings advised that a Rally had been planned for the Niagara Square on Saturday, May 15th, 1983 to promote active involvement in selling seasons tickets to hockey games for the coming winter season, in order to determine support for a Jr. "A" Hockey Franchise in Niagara Falls. AWWA/OMWA CONFERENCE Alderman Puttick presented an informational report on the American Water Works Association and Ontario Municipal Water Association he had artended from May 1st to 4th, 1983~ in Toronto, and recommended that: 1) Mayor Thomson send an invitational letter to Dr. 3oseph A. Cotruvo, Director of Drinking Water Studies, U.S., E.P.A.; Dr. Kenneth Hare, Trinity College~ Toronto; and Mrs. Anne Hubbell~ to attend as guest speakers at Chamber of Commerce meetings; 2) Mayor Thomson write the OMWA to confirm an invitation to hold the 1986 Conference in Niagara F~lls and assure the Association of the cooperation of the City of Niagara Falls~ 3) Representation of one staff member should be deleted from the Conference; 4) Local hotels should advise City Staff of future Conferences being held in the City. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker~ that the names of Dr.J.A. Cotruvo, Dr. K. Hare and Mrs. A. Hubbell be submitted to the Chamber of Commerce to be invited as speakers at future meetings of the Chamber of Commerce. Carried Unanimously. - 10 - UPDATE REPORT ON ARENA OPERATIONS COMMITTEE Alderman Cummings presen. ted a report on recent activities of the Arena Operations Committee. He advised that a report would be submitted to Council concerning Special Events at the Arenas. It was moved by Alderman Merrett, seconded by Alderman Cummings, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, MAYOR WAYNE THOMSON i TWENTY-THIRD MEETING SPECIAL MEETING Committee Rooms 2 & 3 May 16, 1983 Council met on Monday, May 16th, 1983 at 4:00 p.m. for discussion of the 1983 Budget. All members of Council were present. His Worship Mayor Thomson presided as Chairman. REPORTS No. 289 - Finance Committee - Re: 1983 Operating Budget and Tax Rates. The report recommends that Council review and adopt the 1983 Operating Budget and Tax Rates as presented. Alderman Cheesman commended the Finance Committee for the careful consideration given to the budget discussions. He referred to 4 areas of expenditure, i.e., hard services, soft services, opportunities for economic development, and community budgets. Alderman Cheesman discussed the need to maintain the "interstructure" of the City. Mayor Thomson commended the Finance Committee for its efforts and discussed the "slight increase in the budget" for equipment, the "fine llne" which must be maintained between progress and regress, and the substantial increase in build- ing permits for 1983. A lengthy discussion was held concerning Schedule 3, 1983 Gross Spending Estimates, with particular reference to Code 12590, Grants. The Budget Director replied to questions raised regarding the Chippawa Kinsmen's Club grant; and the Recreation Director reviewed recent activities concerning funding for the Lions Club pool in Chippawa. Alderman Puttick expressed opposition to a grant for Multiculture Niagara. Mayor Thomson reviewed the progress of the group, previous funding through senior levels of government, and the group's anticipated development. It was confirmed that funding was required for administrative costs prior to application to the Secretary of State for Federal funding. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the $10,000 for Multiculture Niagara be deleted from the 1983 Budget. The motion Carried with the following vote: AYE: Aldermen Chessman, Coville~ Hinsperger~ Kerrio~ Merrett, Orr, Puttick~ and Somerville. NAYE: Aldermen Baker, Cummings, Janvary and Keighan. A discussion followed with regard to a grant to the Niagara Women in Crisis. Alderman Chessman advised that the group required $20,000. However, they would "be satisfied with $15,000" and that they had formed a Funding Committee which searched for sources of funding. Alderman Puttick initiated a discussion with respect to Section 30, Water - Revenue and Expenditures, relative to the City's program for the supply of water. Council discussed the purchase of the property formerly owned by Kuemmerling DIstilleries and additional water requirements. MAyor Tho~nson advised that City Council wo~ld be receiving a report on the matter. Alderman Orr expressed opposition to a number of requested grants. ORDERED on the motion of Alderman Orr, seconded by Alderman Somerville, that the grant to the Canadian Cancer Society be denied. The motion was Defeated with the following vote: AYE: Aldermen Kerrto, Orr, and Somerville. NAYE: Aldermen Baker~ Cheesman~ Coyills, Cummings, HinsperSer, Janvary, Keighan, Merrett~ and Pettick. ORDERED on the motion of Alderman Orr, seconded by Alderman Kerrio, that the grant to Information Niagara remain at the 1982 amount of $16,500. The motion was Defeated with the following vote: AYE: Aldermen Kerrio~ Orr~ and Somerville. NAYE: Aldermen Baker, Cheesman~ Coville~ Cummings~ Hlnsperger~ Janvary, Keighan, Merrett~ and Puttick. Alderman Orr discussed the grant to the Niagara Falls Art Gallery, and to the Niagara Voluntesr Bureau. She expressed opposition to the increase in the grant to the Volunteer Bureau, the Ontario Heart Foundation, Ontario March of Dimes and the Willoughby Historical Society. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the grant to the Willoughby Historical Society be denied. The motion was Defeated with the following vote: AYE: Aldermen Cummings, Kerrio, and Orr. NAYE: Aldermen Baker, Cheesman, Coville, Ninsperger, Janvary, Keighan, Merrett, Puttick, and Somerville. -3- REGULAR MEETING Council Chambers May 16, 1983 Council met on Monday, May 16th, 1983 at 7:30 p.m. following a Special Meeting, for the purpose of considering general business. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. Alderman Janvary offered the Opening Prayer. Alderman Orr expressed the opinion that the Nlagara Falls Canada, Visitor and Convention Bureau should receive a grant in the amount of $185,000 as in 1982. A general discussion ensued regarding the Festival of Lights and funds required for promotion of the program; the industrial and tourism basis of the local economy, as well as the need to assist in the economic growth; and the need to create employment opportunities. Alderman Orr suggested that the Bureau was an established organization and should be "promoting their own". Alderman Puttick declared a conflict of interest by reason of employment in the tourist industry in the near future. The Chief Administrative Officer and Budget Director replied to questions raised concerning the grant request from the Niagara Frontier Humane Society and the $10,000 included for Maintenance - Supplies and Repairs, as well as other expenses. Alderman Orr expressed opposition to an increase in the grant to the Humane Society. " Alderman Cummings initiated a discussion concerning the Niagara Falls Business & Industrial Growth Agency proposed grant, transfer of personnel to the Region, and possible salary increases. It was agreed that Council would receive a report of any increase, and further, that an evaluation should be made at the end of 1983. Alderman Cummings declared a conflict of interest regarding the Stamford Volunteer Firemen~s Association request for a grant, by reason of an interest in the Association. Alderman Puttick expressed opposition to any increase in salaries for City Council members from 1983 - 1985. He suggested the possibility of establishing a reserve account and possible increase in 1986, providing the economy had recovered. Alderman Keighan stated that Council should consider only 1983, and further, that he was not in favour of an increase in Aldermanic salaries in 1983. Alderman Cummings expressed the opinion that members of Council should receive a small increase in 1983. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the amended report be recommended to the formal session of Council for further discussion. Carried Unanimously. No. 290 - Finance Committee - Re: 1983 Parking Budget. The report recommends that Council adopt the parking budget attached. ORDERED on the motlon of Alderman Kerrio, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. The meeting recessed and reconvened in Council Chambers for the Regular Meeting. READ AND ADOPTED, MAYOR WAYNE THOMSON ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the minutes of the meetings held On May 2nd and 9th, 1983, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS WELLAND RIVER PARK - AND - REPORT OF RECREATION COMMISSION ' Report No. 291 - Chief Administrative Officer - Re: Welland River Park. The report recommends that Council approve the Welland River Park plan, on display, at this evening's meeting, and further that: 1) All specific items such as barbecues, johnny-on-the-spots and parking be designed and approved by the proper authorities regarding health, fire, conservation and safety. 2) The Niagara Parks Commission School of Horticulture students and staff be sent a letter of appreciation. City Council discussed the Provincial regulations under the Public Health Act regarding the building of swimming pools, and standards which must be met. Particular attention was drawn to the approval of the Ministry of Natural ResoUrces and the Niagara Peninsula Conservation Authority as indicated on page 2 of the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report b~ received and adopted. Carried Unanimously. REPORTS No. 289 - Finance Committee - Re: 1983 Operating Budget and Tax Rates. The report recommends that Council review and adopt the 1983 Operating Budget and Tax Rates as presented. City staff was commended on having performed an excellent Job in restricting spending in 1983, an increase of just .8% over 1982.. The $10,000 deleted from a grant to Multiculture Niagara was noted. A discussion followed regarding the increase in the Regional budget in the amount of 9.1%, and the Board of Education levy of 8.5% increase over 1982. Alderman Keighan expressed concern and opposition to the budget of the Board of Education, and discussed the uncontrolled salary schedule. He referred to the future ~eeting of Council with the School Board, and suggested that information regarding classification of personnel and the salaries schedule be obtained from the'Board of Education prior to'the meeting. Aldermen Coville and Chessman declared conflicts of interest regarding the Niagara Falls. Public Library, by reason of relatives being employed at the "Library; Alderman Chessman declared a conflict of interest regarding the Board of EduCation by reason of employment; Alderman Cummings declared a conflict of ,in~erest.concerning the Stamford Volunteer Firemen's Association by reason of interest in the Association; Alderman Ninsperger dgclared a conflict of interest with respect to the Chippawa Lions Club, since he is on the Board of Directors; and Alderman Puttick declared a conflict of interest regarding the Visitor and Convention Bureau by reason of future interest in the. tourism industry. -4- ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the 1983 Operating Budget and Tax Rates, amended to delete a $10,000 grant to Multiculture Niagara, be received and adopted. The motion Carried with Aldermen Cheesman, Coville, Cummings, Hinsperger, and Puttick abstaining from the vote on conflicts of interest previously recorded, Alderman Orr opposed as previously recorded, and all others voting in fayour. ORDERED on the motion of Alderman Keighan, seconded by Alderman Kerrio, that the Chief Administrative Officer be directed to obtain from the Niagara South Board of Education, information regarding personnel classifications and schedule of salaries, prior to the meeting with the Board. The motion Carried with Alderman Cheesman abstaining on conflict of interest by reason of employment with the School Board; Alderman Puttick opposed, and all others voting in favour. No. 291 - Chief Administrative Officer - Re: Financing of Owners' Share of · Local Improvements. The report recommends that the City finance the owners' share of local improvements in the Mount of $36,077.21 for a term of ten years at an interest rate of 11%. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 290 - Finance Committee - Re: 1983 Parking Budget. The report recommends that Council adopt the parking budget attached hereto. ORDERED on the motion of Alderman Herrart, seconded by Alderman Baker, that the report be received and adQpted. Carried Unanimously. UNFINISHED BUSINESS SPECIAL EVENTS POLICY FOR MUNICIPAL ARENAS - AND - REPORT OF ARENAS COMMITTEE Report No. 292 - Arenas Committee - Re: Special Event Policy for Municipal Arenas. The report recommends that the attached revised Special Events Policy for municipal arenas be app~oved by City Council. Mr. Sam Quaranta was granted permission to address Council on the motion of Alderman Cu~lmings, seconded by Alderman Cheesman. Mr. Quaranta, representing the intermediate "A" teams in the City requested justification of the decision concerning the proposed schedule which permits Hockey Tournaments and skating competitions at Municipal Arenas between the months of September and April only on week-ends and at specificlocations. He advised that the scheduled hours restricted time allowed for tournaments. Mr. Tim Seacord suggested that the proposed policy favoured minor hockey. He referred to financial contributions made by all users of ice time. Alderman Cummings referred to the concerns outlined in the report which necessitated the policy update, and stated that time was available for tourna- ments during the year with additional time in the fall and spring. He further stated that events could be scheduled within the guidelines set, in co-operation with staff. Mr. A1 Boone, President of the Minor Hockey Association, advised that minor hockey was not opposed to special events, but to the "growing number of special events". He stated that the groups could "work together" to work out appropriate times. Fw. Boone advised that his executive year would terminate at the end of May 1983, and he could nott therefore~ speak for the Minor Hockey Association executive, Mayor Thomson stated that the program was an experimental one, and further, that Alderman Cummings and the Arenas Committee would keep everyone informed. He suggested that difficulties might be considered by the Committee, the Recreation Department, and if necessary, by City Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinspergert that the report be received 'and adopted. Carried Unanimously. -5 - BINGO LOTTERIES - AND - REPORT OF THE CHIEF ADMINISTRATIVE OFFICER No. 293 - Chief Administrative Officer - Re: Bingo Lotteries. The report recommends that the contents of this report be noted, that the report be received and filed and the By-law appearing later on the agenda concerning bingo lotteries, be passed. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Puttick, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on conflict of interest by reason of interest in a organization which conducts bingo lotteries, and all others voting in fayour. See By-law No. 83-109. REPORT No. 294 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Greek Cultural Centre, Portage Road and Stanley Avenue. The report recommends that Council approve the site plan on display at tonight's meeting, being a proposed Greek Cultural Centre, and the site plan being drawing number S-1 and filed with the Buildings & Inspections Department of the City of Niagara Falls on May 16, 1983, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. UNFINISHED BUSINESS WHIRLPOOL ROAD BRIDGE OVER H.E.P.C. CANAL - AND - REPORT OF MUNICIPAL WORKS COMMITTEE Report No. 295 - Municipal Works Committee - Re: Whirlpool Road Bridge Over H.E.P.C. Canal - Pre-qualification of Bidders. The report recommends that contractors that bid on the Whirlpool Road Bridge over the H.E.P.C. Canal project be required to be pre-qualified through the M.T.C. pre-qualification procedure. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 183 - St. John ~mbulance - Re: "St. John Ambulance Week". The communication requests that the week of June 12 - 18, 1983 be proclaimed St. 3ohn Ambulance Week in Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the request be approved subject to the usual policy. Carried Unanimously. No. 184 - Niagara Region - Drop In Centre For The Disabled - Re: "Handicapped Week". The communication requests that the week of June 20th, 1983 be proclaimed as Handicapped Week. Mayor Thomson expressed ap}reciation for the work done by Aldermen serving on the Committees. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the reques~ be approved Subject to established policy. Carried Unanimousl3L. No. 185 - Xerox U.S.A. 1984 Olympic Marathon Trial - Re: Approval of the run. The communication advises that the 1984 United States Olympic Marathon Trial is scheduled for May 26th, and requests City Council to approve a similar course as in 1980, finishing at the Hydro building, and requests support for 1984. Mayor Thomson discussed the publicity generated by the event. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that approval be granted, a letter requesting support be forwarded to the Niagara Parks Commission, and a copy of the communication to the Recreation Commission for consideration. Carried Unanimously. No. 186 - Operation Clean Niagara - Re: Niagara River Pollution. The communication reviews the continuing pollution of the water quality in the -6- Niagara River and Lake Ontario, actions taken to date to resolve the situation, and advises of a reception on June 6th, 1983 at the Shaw Festival Theatre, Niagara-on-the-Lake, which will be artended by the Minister of the Environment. ORDERED on the motion of AIderman Cummings~ seconded by Alderman Kerrio, that the communication be referred to the Finance Committee. Carried Unanimously. No. 187 - Niagara Falls Business & Industrial Growth Agency Inc. - Re: Industrial Tour of Niagara Falls on June 13th~ 1983. The cormnunication advises of the purposes of the industrial tour scheduled for June 13th, 1983, and of invitations to Regional Councillors, the Chamber of Commerce, local Members of Federal and Provincial Parliaments, local industrialists and the news media. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the communication be received and filed. Carried Unanimously. No. 188 - Greater Niagara Baseball Association - Re: 3rd Annual Molson N.H.L. Slo-Pitch. The communication requests a Special Occasion Permit for Oakes Park from June 17th to 19th, 1983, and advises of facilities planned for the event. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Minsperger, that the request be approved subject to approval of other authorities. Carried Unanimously. See Resolution No. 65. No. 189 - Greater Niagara Baseball Association - Re: N.H.L. Slo-Pttch Tournament. The communication advises of a planned Luncheon With The Stars for the Niagara Falls Memorial Arena and requests a Special Occasion Permit for June 17th, 1983. ORDERED on the motion of Alderman Somerville, seconded by Alderman Himsperger, that the request be approved subject to the approval of other authorities. Carried Unanimously. See Resolution No. 66. No. 190 - P.D. Sullivan - Re: Proposed meeting between Chamber of Commerce and City Council. The communication refers to the annual wine and cheese party scheduled for June 22nd, 1983 and discusses plans for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be received and filed. Carried Unanimously. No. 182 - B & N Intermodal Services - Re: Sale of Conrail to CN. The communication encloses copies of Newspaper articles regarding the sale of Conrail to CN~ which had been collected from local newspapers in the affected areas. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the communication be received and filed, and further, thee the concerns of Council be forwarded to the Federal Government. Carried Unanimously. No. 191 - Niagara Falls-Fort Erie Real Estate Association - Re: Planning Process. The communication requests that the Association be placed on the City's list of agencies requested to comment on planning matters. ORDERED on the motion of Alderman Merrett, seconded by Alderman GumminEs, that the communication be referred to the Planning Department. Carried Unanimously. No. 192 - Social Planning Council of Niagara Falls - Re: Provincial Symbolized Licenee Plate for the Physically Disabled. The communication requests that the Council be recorded as "strongly endorsing" the suggested license pla~ea. ORDERED on the motion of Alderman Cummings, seconded by Alderman JanvaryJ that the communication be referred to the Parking & Traffic Committee. Carried Unanimously. No. 193 - Multiculture Niagara - Re: Special Occasion Permit. The communication requests a Special Occasion Permit for the Niagara Falls Arena during the Multiculture Niagara Festival on June 18th, 1983. ORDERED on the motion of Alderman Janvary, seconded by Alderman Baker~ that the request be granted subject to the approval of other authorities· Carried Unanimously. See Resolution No. 67. - 7- No. 194 - The Niagara South Board of Education - Re: Bilingual Exchange Program. The communication reviews ~i~~for participation in the summer educational exchange program between the Niagara Region and Quebec, in July 1983, and requests financial support from the City of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be referred to the Finance Committee for consideration. Carried Unanimously. REPORTS No. 296 - Chief Administrative Officer - Re: Proposed Sign Requirements for Draft Appr~ved Plans of Subdivision and Updating of Existing City Sign Policy. The report recor~nends the following: 1) That the proposed sign policies outlined in Appendix II of this report be adopted; and 2) That the inspection of subdivision signs be undertaken by the Buildings and Inspections DepartJnent on a quarterly basis. ORDERED on the motion of Alderman err, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 297 - Municipal Works Committee - Re: Portage Road & Mountain Road - Sanitary Sewer - 1982 Local Improvements. The report recommends the following: 1) That the sanitary sewer approved under By-law 82-296 be installed along ~the west side of Portage Road, from the existing sanitary sewer to the northerly limit of the contract. That the sanitary sewer on Mountain Road be installed on the north side~ from Portage Road to the westerly limit of the contract; 2) That the individual sanitary sewer laterals, one per lot as existing at the time of approval of By-law 82-296, be installed at no cost to the individual homeowner, from the sanitary sewer location, as indicated above, to approxim- ately 4.5 metres from the east limit of the road allowance on Portage Road and the south limit of the road allowance on Mountain Road. The remaining portion of the sewer lateral would be installed by the individual homeowners at their expense. 3) That the cost of providing the sanitary sewer laterals, from the sanitary sewer to approximately 4.5 mettea from the property lines, be financed from "Contribution to Capital Works" in the current Operating Budget. ORDERED On the motion of Alderman Kerrio, seconded by Alderman Baker, that the report be received and approved. Carried Unanimously. No. 298 - Chief Administrative Officer - Re: Parking on Murray Street. The report recommends that the necessary by-law be prepared to allow parking from 8:00 a.m. to 5:00 p.m., Monday to Friday, on the north side of Murray Street adjacent to the Union Centre. ORDERED on the motion of Alderman Merrett~ seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 299 - Chief Administrative Officer - Re: Parking on Philip Street. The report recommends that parking be proh{bited from the southerly side of Philip Street from Ontario Avenue to River road. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 300 - Chief Administrative Officer - Re: Heavy Vehicles. The report recommends that the ~yLlaw appearing later on the Agenda, prohibiting heavy vehicles from Maple Street, Huron Street, Cedar Street and Elm Street~ be passed. ORDERED on the motion of Alderman err, seconded by Alderman Janvary~ that the report be received and adopted. Farrie~_Unani~33j]yt See B~y-law NO. 83-19~: No. 301 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends payment of the municipal accounts. Additional information was supplied regarding Chequee No. 17701 and 17738. Aldermen Cheesman and Coville declared conflicts of interest on Cheque No. 17763 by reason of relatives being employed with the Niagara Felts Public Library; Alderman Hinsperger declared a conflict of interest on Cheques No. 17700, 17701 and 17836 by reason of employment with Bell Canada; and -8- -9- Alderman Merrett declared a conflict of interest on Cheque No. 17691 being a member of the organization. ORDERED on the motion of Alderman Baker, seconded by Alderman Kerris, that the report be received and adopted. The motion Carried with Aldermen Coville, Chessman, Mtnsperger and Merrett abstaining from'the vote on conflicts of interest previously recorded, and all others voting in favour. No. 302 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for ApFil~1983. The report includes information regarding statistical information on permits, as well as development proposals during the month of April 1983. ORDERED on the motion of Alderman Kerris, seconded by Alderman Somerville, that the report be received and filed. Carried u~jp~?~p~~ No. 303 - Chief Administrative Officer - Re: Summer Schedule of Council Meetings. The report recommends adoption of the following schedule of Council meetings: May 16th - Regular Meeting; May 24th - General Committee;. May 30th Regular Meeting; June 6th and 20th - Regular Meetings; July 4th and 18th - Regular MeetingS; August 2nd, 15th, and 29th - Regular Meetings; September 12th - Regular Meeting; September 19th - General Committee; September 26th - Regular Meeting. ORDERED on the motion of AIderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. L No. 304 - Chief Adm~nistrative Officer - Re: N.F.C.V.I. Closing. The Chief Administrat~v"e Officer presented a verbal report regarding the meeting of the members of Council with the Trustees of the Board of Education to discuss concerns regarding the proposed closing of N.F.C.V.I. The meeting was held on May 10th. The Chief Administrative Officer requested further direction from Council regarding a brief to be presented to the School Board. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that a Committee be formed with Mayor Thomson, Aldermen Janvary and 0rr, and the Chief Administrative Officer, to prepare a brief for presentation to the Board. Carried U~,~mousl~% RESOLUTIONS No. 65 - CUI~4INGS - HINSPERGER - RESOLVED that the Greater Niagara Baseball Associati6~"~'r~'p~'~m'f~ion to operate a beer concession in conjunction with the Third Annual Molson N.H.L. SIs-Pitch Classic at Oakes Park on June 17th, 18th and 19th, 1983, subject to the approval of the Niagara Regional Police~ the Niagara Falls Fire Department, the Niagara District Eealth Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. No. 66 - SOMERVILLE - HINSPERGER - RESOLVED that the Greater Niagara Baseball Associati~'e' ~ p~f~f~n to conduct a beer concession in conjunction with their luncheon with the stars on June 17th, 1983, at the Niagara Falls Memorial Arena, subject to the approval of the Niagara Regional Police, the Niagara Falls Fire Department, the Niagara District Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. No. 67 - JANVARY - BAKER - RESOLVED that the Multiculture Niagara Council be granted p~F~f~K't~'~duct a beer concession in conjunction with the Multiculture Niagara Festival to be held on June 18th, 1983, at the Niagara Falls Memorial Arena. This approval Is granted subject to similar approval betn~ obtained from the Niagara Regional Police, the Niagara Falls Fire-Depart- ment, the Nlagara Dlstrlct Health Unit and the Liquor LIcensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. .c_aF_r' i,%d_ _u_n_a_nJm?_u_~Jy.., No. 68 - CUF~4INGS - BAKER - RESOLVED that the next regular meeting of Councll be held o~'~u~'~;'~a~"~, 1983; AND the Seal of the Corporation be hereto affixed, BY-LAWS ORDERED on the motion of Aiderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws and the by-laws be read a first time: No. 83-108 - A by-law to amend By-law No. 72-63, being a By-law to prohibit heavy traffic on certain highways in the City of Niagara Falls. No. 83-109 - Being a by-law providing for the licensing of Charity or Religious Organizations to conduct Bingo Lotteries, Raffle Lotteries or Lottery Schemes held at Bazaars within the City of Niagara Falls. No. 83-110 - A by-law to authorize an amending agreement with Rick Redekop Ltd. No. 83-111 - A by-law to provide monies for general purposes. The motion Carried with Alderman Cummings abstaining from the vote on conflict of interest regarding No. 83-109, by reason of interest in an organization which conducts bingo lotteries; Aldermen Coville, Cheesman, Hinsperger and Merrett abstaining from the vote on conflicts previously recorded with.[espect to Report No. 301, and all others voting in fayour. ORDERED on the motion of Alderman Baker, seconded by Alderman Janvary, that the following by-laws be now read a second and third time: No. 83-108 - A by-law to amend By-law No. 72-63, being a By-law to prohibit heavy traffic on certain highways in the City of Niagara Falls. No. 83-109 - Being a by-law providing for the licensing of Charity or Religious Organizations to conduct Bingo Lotteries, Raffle Lotteries or Lottery Schemes held at Bazaars within the City of Niagara Falls. No. 83-110'- A by-law to authorize an amending agreement with Rick Redekop Ltd. No. 83-111 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cheesman, Coville, Cummings, Hinsperger and Merrett. abstaining from the vote on conflicts of interest previously recorded above, and all others voting in fayour. NEW BUSINESS REPORT ON ARENAS COMMITTEE Alderman Cummings reported on recent activities of the Arenas Committee, which included the Rally at Niagara Square on May 14th. He advised that 32 seasons tickets to hockey games for the coming winter season had been sold and a .large number of commitments to purchase were received. Alderman Cummings expressed appreciation of support received from Mayor Thomson in efforts made to secure ~ Jr. "A" Franchise for the City. Mayor Thomson referred to the great involvement of Aiderman Cummings, the Committee and other volunteers, and commended the participants on an "admirable job". He expressed optimism regarding the interest of the community in a .team. CROSSWALK - CLIFTON MILL Alderman Orr brought to Council's attention, a problem respecting people crossing Clifton Mill, near the entrance of the Park Motor Hotel. It was 'recognized that the road is a regional responsibility, and a request was made to contact officials of the Regional Municipality of Niagara regarding the possibility of a crosswalk being painted across C~ifton Hill near the driveway entrance to the Park Hotel. - 10 - PUBLICITY - CITY OF NIAGARA FALLS Alderman Kerrio advised Council of publicity being given the City of Niagara Falls on TVduring the Stanley Cup hockey playoffs. Alderman Puttick advised that CBC TV news on May 17th, would include TV coverage of the dinner sponsored by "Reach for the Top" with students from across Canada participating, and Miss Niagara Hospitality representing the City of Niagara Falls. ONTARIO COMMAND CONVENTION - ROYAL CANADIAN LEGION Alderman Puttick expressed admiration of the Ceremonies held on Sunday, May 15th, at the Ontario Command Convention of the Royal Canadian Legion, Niagara Falls Arena. He advised that 4500 people participated in the event. Alderman Puttick suggested that a letter of congratulations be~forwarded to. Branch 51 of the Legion and organizers of the event. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that a letter of congratulations be ~orwarded as specified. Carried Unanimously. It was moved by Alderman Cununings, seconded by Alderman Merrett, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED MAYOR WAYNE THOMSON TWENTY-FOURTH MEETING Committee Room #1 May '24th, 1983 Council met on Tuesday, May 24th, 1983, at 7:00 p.m. in Committee of the Whole. All members of Council were present. Alderman Merrett presided as · Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting and adjourned to General Committee Session. READ AND PY~D, · Y CLERK~  GEN~'~'. MAYOR WAYNE THOMSON ~ON Council Chambers May 24th, 1983 Council met on Tuesday, May 24th, 1983, at 7:30 p.m. in General Committee Session. All members of Council were present. His Worship, Mayor Wayne Thomson presided as Chairman. ' FORMAL SESSION RATIFICATION OF GENERAL COMMITTEE DECISIONS DEPUTATIONS CHIPPAWA LIONS CLUB - PROPOSED PARK BUILDING - AND - PETITIONS Alderman Hinsperger declared a conflict of interest by reason of being a member of the Chippaws Lions Club. Alderman Somerville declared a conflict of interest by reason of relatives being involved in the aforesaid Club. Mr. Alfred Weston, 8677 Banting Avenue, represented the Concerned Citizens Group~ and reviewed a Brief submitted previously to Council members, which outlined the concerns of area residents. Mr. Weston reviewed the sequence of events leading up to approva~ by Council of the proposed building in Chippawa Lions Club Park. He introduced members of the executive of the Group~ i.e., Mr. Cordon Chase, Mr. Donald Ires, Mrs. Patricia Weston, and Mrs. Donna Somerville. .The Group requests that Council and the Lions Club.consider relocation of the .project to the Niagara South Arena complex. A question was raised concerning the eligibility of the Lions Club for Federal funding of the building on City owned property, providing the Club was 'agreeable to the recommendation of the Concerned Citizens Group. Mr. Dean Glendennings Vice President of the Chippaws Lions Club advised that the grant might be maintained if the contract was amended prior to June 13th. He further stated that completion is scheduled for June 13, 1984. Therefore, any revisions to the contract must he made by June 13~ 1983. ORDERED on the motion of Alderman Kerrio, seconded by Alderman 3anydry, that representatives of the Chippaws Lions Club, Concerned Citizens Group, and City staff schedule a meeting for discussionof a compromise agreement, and submit a report to City Council on May 30th, 1983. The motion Carried with Aldermen Hinsperger and Somerville abstaining from the vote on conflicts of interest previously recorded, and all others voting in fayour. POSSIBLE WASTE DISPOSAL AREA - FORMER TOWNSHIP OF CROWLAND Mrs. Grace Bieltunas, R. R. ~1, Welland addressed Council objecting to the possibility of the former Township of Crowland being considered as a possible waste disposal area. She discussed decreased property values, pollution of the environment, and the increased risk of accidents· Mrs. Bieleunas requested the - 2 - Council take a "stronger stand and refuse to receive dioxin waste anywhere in the area". She recommended a motion of Council opposing a site in Niagara Falls. - 3 - REPORT Mayor Thomson expressed appreciation of the submission and stated that the attitude taken by Mrs. Bieleunas was essential in order that the municipality might be successful in its efforts to keep dioxin waste out of the area. He referred to a recent meeting with Dr. D.A. Chant, President and Chairman of the O.W.M.C., who has received the responsibility, from the Provincial Government, of determining the location for a waste disposal site. Dr. Chant has expressed willingness to meet with municipal representatives within the Colden Horseshoe. If a meeting is not requested, Dr. Chant indicated that a decision would be made without benefit of a discussion. Council was advised that the majority of chemical waste was in the area of Milton. Mayor Thomson demonstrated on a map the area being considered for a waste disposal site. A discussion followed concerning the availability of Niagara Falls to the Q.E.W. Other concerned citizens discussed genetic dangers. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that a letter be forwarded to the Ontario Waste Management Corporation to express official opposition to a waste disposal site being located within the vicinity of Niagara Falls, and to request a meeting with the O.W.M.C. Carried Unanimously. Regional Councillors Smeaton and Sobol discussed actions being taken at the Regional level concerning this matter, i,e., a meeting with Dr. Chant or his representatives scheduled for June 15th; meetings with committees and sub- committees studying the situation; and reports to the Planning and Public Works Committees concerning the findings. Council was advised that although the meetings are open'to the public, the information which is discussed is very technical and '~lfficult to apprehend". The Regional representatives expressed opposition to a proposed industrial waste disposal site being located in this area. Further reference was made to Niagara Falls being the "Honeymoon capital of the world", not the "world's sludge bed", the need for a decision by the Province, as well as the transportation of '~angerous wastes" in the area, and the possibility of contacting the Ministry of Transportation regarding this matter. Mayor Thomson expressed concern that the normal planning procedures would be bypassed for the proposed site. He expressed the opinion that a meeting with Dr. Chant at the local level was desirable, and requested information concerning interested persons for future contacts. Alderman Kerrio referred to a petition which was prepared by the local Member of Provincial Parliament, opposing the suggested disposal site, and available for signatures. He requested that Council endorse the petition to be delivered by the Member to the Provincial Government for consideration. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orrs that the petition be endorsed. Carried Unanimously. ~ MR. OAZA BANFAI - CONDITION OF BUCHANAN AVENUE It was agreed that a discussion regarding the condition of Buchanan Avenue would be deferred for one week since Mr. Banfai was not present at the meeting. UNFINISHED BUSINESS RENAMING OF NIAGARA ROAD 49 - AND - LETTER FROM THE REGIONAL MUNICIPALITY OF NIAGARA Communication No. 195 - The Regional Municipality of Niagara - Re: Renaming of Niagara Read 49 (Mclaod Road). The communication advises that the Public Works and Utilities Committee of the Region has no objection to the renaming 'of that portion of Niagara Road 49 from Allanthus Avenue easterly to Niagara Road 49, to be known as Marineland Parkway. The communication further advises' that the necessary by-law will be prepared and the recommendation presented to Regional Council for endorsation. ORDERED on the motion of Alderman Puttick, seconded by Alderman 0rr, that the communication be received and filed. Carried Unanimously. No. 305 - Chief Administrative Officer - Re: Multiculture Niagara Festival. The report recommends that the fee for the Niagara Falls Arena for the Multiculture Niagara Festival be $1,680 as per Council by-law "Daily Rental Rate for Special Events". Council discussed the cost breakdown for the planned one day Festival. ORDERED on the motion of Alderman Puttick, seconded by Alderman Somerville, that the $1680 fee for the Niagara Falls Arena for the Multiculture Niagara Festival on June 18th, 1983, be deleted. The motion Carried with the following Vote: ' AYE: Aldermen Baker, Coville, Cummings, Hinsperger, Janvary, Keighan, Puttick, and Somerville. NAYE: Aldermen Chessman, Kerrio, Merrett, and Orr. COMMUNICATIONS No. 196 - Federation of Canad jan Municipalities - Re: Conference Resolutions. The communication advises that a copy of the 1983 Annual Conference Resolutions Book, including the five resolutions submitted by Niagara Falls City Council, to be debated at the Moncton Conference will be forwarded at an early date. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. No. ·197 - The Regional Municipality of Niagara - Re: Reform and Revision of Conservation Authorities in Ontario. The communication attaches a copy of a memorandum dated April 29th, 1983 and report regarding the aforementioned subject which had been circulated by the Association of Municipalities of Ontario. ORDERED on the motion of Alderman CheSsman, seconded by Alderman Hinsperger, that the communication be ~eferred to the Municipal Works Committee for consideration. · Carried Unanimously. No. 198 - Chippawa Heritage Club - Re: "Ye Olde Chippawa Days". The communication advises that a festival entitled Ye Olde Chippaws Days is scheduled for July 30th to August 1st, 1983, and advises of activities planned for the event~ and request approval 'of closing the roadway of the Square. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the request' be approved and that the group work with the Recreation Commission in. planning the events. Carried Unanimously. No. 199 - Chippawa Bus iness Association - Re: Flea Market on Cummington Square, Chippaws. The cormnunication advised of a Flea Market scheduled for July 2nd, 1983, 'at Cummington Square, and requests permission to close Cummington Square East from Bridgewater Street to Main Street for approximately 8 hours on the specified date. ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary, that the request be approved~ and further, that approval be given for closing of the subject road from 12:30 p.m. to 3:30 p.m. on July 1st, 1983. Carried Unanimousl7. No. 200 - Ms. Michelins Gualtieri - Re: Approved Widening of Thorold Stone Road. The communicatl6n expresses concern regarding anticipated vibrations and traffic noise, devaluing of property and future difficulty in renting or selling property due to the approved reconstruction of Thorold Stone Road. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the communication be referred to the Municipal Works Committee, and to Regional Public Works for investigation. Carried Unanimously. No~ 201 - Project Ploughshares - Operation Dismantle - Re: Nuclear Weapons Free Zones. The communication discusses the threat of nuclear destruction to municipalities and Steps which can be taken to reduce the threat, and increase national security. Alderman Chessman expressed the opinion that the declaration of nuclear weapons free zones was a "symbolical and futile" way to reduce the threat from nuclear weapons. He discussed Bulgaria representing totalttariontsm and the I.R.A. terrbrtsts visiting the City of London, England, as participants in the "new armament". Me referred to a recent article in the "Star", and actions taken by other countries in connection with "peace marchers".. Alderman -4- Chessman advocated "strength...and...standing firms'; and referred to actions taken by the United States Congress to continue the development of necessary defences for the west. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that the communication be received and filed. Carried Unanimously. ORDERED on the motion of Alderman Keighan, seconded by Alderman Orr, that the comments made by Alderman Cheesman be forwarded to Project Ploughshares and Operation Dismantle. Carried Unanimously. No. 202 - Clifton Hill Business Improvement Committee - Re: Clifton Hill. The communication discu§ses the clean 'up program for Clifton Hill during th~ summer season of 1983. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 203 - Residents of Crowland Avenue - Re: Petition requesting paving 'of Crowland Avenue. The communication requests that Crowland Avenue be paved from Schisler Road to Ridge Road. Concerned residents expressed concern that the. paving has not been completed and referred to the poor condition of the road. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the communication be referred to the Municipal Works .Committee for investigation. Carried Unanimously. REPORTS No. 306 - Chief Administrative Officer - Re: Proposed Zoning Amendment Application - Applicant E. & E. Volpatti. The report, recommends that the application be approved. ORDERED on the motion of Alderman Keighan, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. No. 307 - Chief Administrative Officer - Re: 1983 Appropriation, Levying & Collecting By-laws. The report recommends that Council adopt the following by-laws appearing on this eve'ning's agenda: 1) A by-law to provide for' the appropriations for the year 1983. 2) A by-law to fix the rates of taxation for 1983 and to provide for the . levying of taxes. 3) A by-law to provide for the collection of taxes for the year 1983. ORDERED On the motion of Alderman Chessman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See By-l~ws No. 83-112, No. 83-13, and No. 83-114. No. 308 - Chief AdministratiVe Officer - Re: Application for Sunday Bingo Games. The report recommends that City Council determine whether or not it wishes to give approval to Sunday bingo operations for the first time in the City of Niagara Falls. Alderman Cummings declared a conflict of interest by reason of having interest in an organization which carries out bingo lotteries. Mr. Joe Heater, Executive Director of the Niagara Regional Native Centre discu the location of the Centre in St. Catharines and planned future move to Niagara- 'on-the-Lake. He referred to information contained .-in the "profile" previously distributed, and the services and programs funded through the Federal Government, as well as through activities of the Centre. Mr. Hester stated that the application had requested Sunday Bingo games because there was "no other day". Members of Council expressed appreciation of effort~ made by the Regional Native Centre. However~ the policy of the City does not permit bingo games on Sunday. It was suggested that a new application be completed which might be referred to the Gambling/Gnming.Monl~Q~ing ~omm~ttee of the Social Planning Council for consideration. -5 - ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the application be denied. and further, that a new application be completed and forwarded to the Gambling/Ga~ifig Monitoring Committee for investigation. The motion Carried with Alderman Cummings abstaining from the vote on conflict of interest previously recorded, and all other voting in favour. No. 309 - Chief Administrative Officer - Re: Psychic Fortune Ie~ling. The report recommends that By-law No. 3470, to prohibit the pursuit of phrenology, palmistry, fortune-telling or sooth-saying, in defined areas of the City of Niagara Falls, be repealed by the passing of a by-laW appearing later on the agenda. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that the report be received. Carried Unanimously. See By-law No. 83-118. No. 310- Chief Administrative Officer - Re: Exemption of Lots 5, 6, 7, 9, 13, 17, and 24, Reg. Plan M. 78 from Part Lot Control. The report recommends that Council pass the by-law on this agenda to exempt Lots 5, 6, 7, 9, 13, 17 and 24, Registered Plan M-78 from part lot control. It is also recommended that any costs arising from the registration of the by-lawI following its approval by The Regional Municipality of Niagara be paid by the applicant. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 83-117. No. 311 - Chief Administrative Officer - Re: Request for Release, Lots 29, 30, 31, and 32, Plan M-53, Charnwood Avenue. The report recommends that Council pass the by-law appearing on this agenda to authorize a release of Lots 29, 30, 31, and 32, according to Registered Plan M-53 from the provisions of a subdivision agreement between the City and Ontario Housing Corporation dated September 3rd, 1976 and.registered as Instrument No. LT-4935. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. See By-law No. 83-116. No. 312 - Tourism Niagara - Co-ordination Board - Re: Parking - Ferry Street and Victoria Avenue. The report contains recommendations regarding an appraisal of the subject property; Consultants to provide functional plans; lease arrange- ment; Information Kiosk; adequate signing; establishment and improvement of walkways from the subject parking area; details of the land use issues to the community; and authorization to Mayor Thomson and appropriate members of Tourism Niagara to approach 'the provincial and federal governments to obtain the necessary financing for a two-way guided looped transit system. ORDERED on the motion Of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. +=- -LAWS ORDERED on the motion of AIderman Hinsperger, s~conded by Alderman Janvary, that !eav~ be granted to introduce the following by'laWs and the by-laws be read a first time: No. 83-112 - A ~y-law to provide for the appropriations for the year 1983. No. 83-113 - A by-law to fix the rates of taxation for 1983 and to provide for the levying of taxes. .. "-. No. 83-114 - A by-law to provide for th~ collection of taxes for the' year 1983. No. 83-115 - A by-law to amend-By-law No. 3790, beiqg a by-law for the regulation of traffic. No. 83-116 - A by-law to authorize a release. No. 83-117 . A by-law to designate certain land not to be subject to. part lot control. -6 - No. 83-118 - A by-law.to amend By-law No. 79-200, as amended. No. 83-119 - A by-law to authorize agreements with Acres Consulting Services Limited in respect of Oakes Park Baseball Diamond Stands. The motion Carried with Alderman Cummings abstaining from the vote on conflict of interest on No. 83-119, by reason of employment with Acres,.aq~ all others voting in fayour. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville, that the ~ollowing by-laws be now read a second and third time: No. 83-112 - A by-law to provide for the appropriations for the year 1983. No. 83-113 - A by-law to fix the rates of taxation for 1983 and to provide for the levying of taxes. No. 83-114 - A by-law to provide for the collection of taxes for the year 1983. No. 83-115 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic. No. 83-116 - A by-law to authorize a release. N0.83-117 - A by-law to designate certain land not to be subject to part lot control. No. 83-118 - A by-law to amend By-law No. 79-200, as amended. No. 83-119 - A by-law to authorize agreements with Acres Consulting Services Limited in respect of Oakes Park Baseball Diamond Stands. The motion Carried with Alderman Cunnnings abstaining from the vote on conflict of interest on No. 83-1!9, as previously recorded, and all others voting in 'fayour. RESOLUTION No. 69 - JANVARY - HINSPERGER - RESOLVED that a message of condolence be forwarded to the family of the late Mr. Clifford E. (Curly) Stock, a respected member of the community, and f~me~.:Welfar~.Of£ic~r; AND the Sealof ~h~ ~Q~poration be hereto affixed. Carried Unanimously. NEW BUSINESS WATER PRESSURE - CHIPPAWA Alderman Janvary raised the issue of reduced water pressure in the Chippawa area on May 24th, 1983. The Acting Director of Municipal Works advised that a notice of the intent to reduce the water pressure had been published in the local newspaper, and further, that few calls had been received concerning the matter. -~' MRS. RUTH HUNKS, 7991 BRIAN CRESCENT - REAR YARD DRAINAGE Mrs. Hunks referred to a letter forwarded to the City expressing concern regarding a drainage problem at the rear of the property at 7991 Brian Crescent. Mayor Thomson referred to action previously taken to resolve the drainage problem in the area~ construction taking place on the adjacent lot. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coville, that the matter be referred to the Municipal Works Committee for consideration. ~arr~ed Unanimously. - 7- It was moved by Alderman Cummings, seconded by Alderman Cheesman, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, BRENNAN. ....... MAYOR WAYNE THOMSON TWENTY-FIFTH MEETING Committee Room #1 May 30, 1983 COMMITTEE OF THE WHOLE Council met on Monday, May 30th, 1983 at 6:30 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman 0rr. Alderman Janvary presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND ~PTED, , CITY ' ~ MAYOR WAYNE THOMSON Council Chambers May 30, 1983 Council met on Monday, May 30th, 1983, at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Orr. His Worship, Mayor Thomson presided as Chairman. Alderman Chessman offered the Opening Prayer, The Prayer of St. John Ambulance. ADOPTION OF MINUTES ORDERED on the motion of Alderman Somerville, seconded by Alderman Merrett, that the minutes of the meetings held May 16th and 24th, 1983, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS WASTE MANAGEMENT SITE - AND - LETTER FROM OWMC Communication No. 204 - Ontario Waste Management Corporation (OWMC) - Re: future sites for OWMC treatment facilities. The communication advises that candidate areas within the Golden Horseshoe had recently been selected as future sites for treatment facilities; and that Muni~ipal.o~ficials, residents and community organizations would be contacted for assistance and advice concerning broad range planning and environmental information in the selected areas. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hineperger, that the communication be received and filed. Carried Unanimously. CHIPPAWA LIONS CLUB - PROPOSED PARK BUILDING Communication No.. 205 - Mr. Chuck Sauer - Re: Lions Club plan. The communication opposes the proposed building of the Lions Club, citing loss of parkland, noise and dust of cars, traffic, and commotion caused by parties as reasons for the objection. ~he communication proposes a public meeting to be held on site. The Chief Administrative Officer presented a verbal report regarding a recent meeting with the Chippaws Lions representatives, ratepayers and staff to dlscuss the proposed park building. Alderman Hinsperger declared a conflict of interest by reason of being a member of the Chippaws Lions Club, and Alderman Somerville declared a conflict of interest since he has a brother involved in the Chippaws Lions ~lub. Mr. Francis Balogh submitted a revised· proposal to Council which disc~soed the proposed building; a list of compromises which eliminated major concerns; objections to relocating at the Niagara South Arena Complex; a sketch of the existing facility, and a sketch of the proposed facility. Mr. Balogh'requested -2- that Council rescind the motion of May 2nd, 1983, which adopted Report No. 258 and approved construction of the proposed building in the Chippaws Lions Club Park and revision of the existing agreement with the City. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the aforesaid motion be rescinded. The motion Carried with Aldermen Hinsperger and Somerville abstaining from the vote on conflicts of interest previously recorded, and all others voting in fayour. A number of concerned citizens who were present at the Council meeting discussed reasons for opposing the proposed building, Mr. Alfred Weston addressed Council on behalf of the-Concerned Citizens Group. He questioned direction given the Lions Club by the Recreation Commission with respect to the location for the building; the ability of the Club to complete the building; pave the parking areas; secure insurance;and maintain the structure. Mr. Weston suggested that should the Club be unable to maintain the building, costs would be lower if the building was located at the Niagara South Recreation Complex. Reference was made to emergency fire services, and to benefits to the Club by remaining at the present location. Mr. Weston further referred to alienation of the area residents in the event that the proposed building is approved at the Lions Club Park. He requested that an on site inspectionbe made. In reply to questions raised the Treasurer of the Lions Club reviewed sources of revenue for the Club, donations to hospital and other charities, and discussed financial plans for maintaining the proposed building. Mr. R. Maddigan, Lions Chief, discussed the need for change and washroo~ facilities at the park, and expressed the desire to proceed. In reply to questions raised, Mr. Dean Glendenning advised that it would be necessary to ranegotists and amend the contract if the project is not begun on or before June 13th, 1983. Mayor Thomson discussed grants received by the Lions Club to assist in maintenance of the park, Provincial and Federal government funding, attempts to stimulate the economy and create employment in the area, as well as the need for a decision in the matter. A further discussion followed regarding the structural measurements, and it was generally agreed that an "on site" meeting would be of value. ORDERED on the motion of Alderman Baker, seconded by Alderman Cheeeman~ that a meeting of Council, representatives of the Concerned Citizens Group and other interested residents, as well as members of the Lions Club and City staff, be scheduled for Thursday, 3une 2nd, 1983 at 5 p.m. in the Chippaws Lions Park, and further, that the proposed facilities be demonstrated by "stakes" set out for the duration of the meeting. The motion Carried with Aldermen Hinsperger and Somerville abstaining from the vote on conflicts of interest previously recorded, and all others voting in fayour. NIAGARA SOUTH BOARD OF EDUCATION - SUBMISSION TO ENROLMENT REVIEW COMMITTEE - AND - REPORT OF THE CHIEF ADMINISTRATIVE OFFICER Report No. 313 - Chief Administrative Officer - Re: Submission to Enrolment Review Committee, Niagara South Board of Education. The report recommends that Council endorse the attached brief prepared by the special ad hoc committee regarding the possible closing of N.F.C.V.I. and forward the same to the Enrolment Review Committee for its consideration. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Alderman Chessman abstainin8 from the vote on a conflict of interest,' by reason of employment with the School Board~ and all others voting in fayour. REQUEST FOR HEARING - DEEMING BY-LAW 80-124 - AND.- REPORT OF THE CHIEF ADMINISTRATIVE OFFICER Report No. 314 - Chief Administrative Officer - Re: Request for Hearing - Deeming By-law 80-124. The report recommends that two persons who objected to the passing of %he above By-law be heard by Council and if their concerns are resolved, the Clerk complete the processing of the By-law. -3 - The City Clerk indicated that Mrs. Kathleen O'Neill was unable to be present at the Council meeting, and that Mr. Tansis, the other person with an interest in the by-law, had planned on attending the meeting. However, Mr. Taneja was not present. The Chief Administrative Officer advised that this matter had been tabled a number of times upon request of the interested parties. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. - AND - Communication No. 206 - Mrs. Kathleen O'Neill - Re: Deeming By-law 80-124~ Lots 323 - 325, Plan 4, Township of Willoughby. The communication advises that Mrs. O'Neill will be unable to attend Council on May 9th, 1983, indicates an interest in the by-law, and requests information regarding the City's desire to purchase the aforementioned properties. ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that the communication be received and filed. Carried Unanimously. TAXI STAND - CN STATION - AND - LETTER FROM CN Communication No. 207 - Mr. D.E. Veitch, C.N. - Re: Off-street taxi servicing area on CN Property. The communication refers to the establishment of off-street taxi servicing on CN property east of the present station building on Bridge Street; refers further to the on-site meeting, construction and maintenance costs as well as snow removal; and to problems which could be incurred. The communication advises that CN is declining any request for the use of its property for the proposed purpose. The actions previously taken to resolve the problem, which had been discussed at a Council meeting held April 5th, 1983, and the need for immediate action to remedy the situation, were discussed. It was suggested that~ in conjunction with the Region, the roadway be painted as soon as possible, and the Regional Licencing Commission be asked to monitor the situation for the next few months in order to ascertain the results of the action taken. Mayor Thomson advised that both Mr. Carmen Wright and Mr. William Hunter had expressed agreement with the suggestion. The .Transit Commission had not yet been contacted concerning the recent occurrence. Mr. Carmen Wright advised that the taxi drivers were willing to cooperate with the suggested plan. However they do not believe that the proposal will be successful. He requested that their concern regarding the use of the particular street property by two transportation systems at the same time, be recorded. ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary, that the roadway be painted in con]unction with the Region, and that the Regional Licencing Commission be requested to monitor the situation for several months, to ascertain the feasibility and success of the action taken. It was further recommended that if unsuccessful, an alternative decision would be considered in 1984, and that a meeting of involved persons be scheduled to discuss the required distances, with a report to Council. Carried Unanimously. COMMUNICATIONS No. 208 -tWalker Brothers Quarries Limited - Re: Disposal of Municipal Wastes. The communication advises of a proposed amendment to the landfill license to allow the disposal of municipal wastes, of the required hearing before the Environmental Board of Ontario, and requests support of the application. Mr. Norris Walker advised that both the City and Walker Brothers Quarries Limited would be required to have hearings before the Environmental Board. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the application besupported, and further, that an up-to-date report regarding the disposal site of the City be forwarded to the Municipal Works Committee for consideration. Carried Unanimously. No. 209-- Famous Players Realty Limited. - Re: Feasibility Study, Pyramid Place. The communication advises that Famous Players Realty Limited would share the cost of the feasibility study with the Province of Ontario on a 50/50 basis, provided that Famous Players Realty Limited's portion of the cost is no greater than $20,000. : -4- ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the con~nunication be received and filed. Carried Unanimously. No. 210 - Kinsmen Club of Niagara Falls - Re: Request .Midnight Bingo. The communication requests a licence to operate a late night bingo at the Golden Nugget Bingo Hall, Lundy's Lane, to operate from 11:30 p.m. on Friday, to 2:00 a.m. on Saturday. Mr. Paul R. Heath, Past President of the Kinsmen Club, advised Council that the Club operates a bingo two nights each month, and the application is for the operation of a bingo lottery on two alternative nights. He explained that late night bingos are being successfully run in Fort Erie. Mr. Heath discussed other sources of entertainment being held at the proposed time, anticipated business from U.S. tourists, the benefit to the community of revenue for charitable purposes, and the week-end bus tours carrying people to bingo games. The City Clerk advised that a midnight bingo is held each Friday evening in Fort Erie, that St. Catharines does not allow midnight bingos, and that the City of Welland has not had requests for midnight bingos. ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that the request not be approved. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest, by reason of an interest in a business which operates bingo lotteries, and with the following vote: AYE: Aldermen Cheesman, Coville, Hinsperger, Janvary, Keighan, Merrett, Puttick and Somerville. NAYE: Aldermen Baker and Kerrio. REPORT No. 315 - Chief ~Lmtnistrative Officer - Re: Site Plan Approval Proposed Donut Shop, 6544 Lundy's Lane (south east corner of Lundy's Lane and Franklin Avenue). The report recommends that Council approve the site plan on display at tonight's meeting, being a proposed Donut Shop and being sheet number P-1 dated May 25, 1983, and filed with the Buildings and Inspections Department of the City of Niagara Falls on May 26, 1983, and that such approval .be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Keighan, that the report be received and adopted, subject to the conditions in the report. Carried Unanimousl7. COMMUNICATIONS No. 211 - Regional Municipality of Niagara - Re: First Quarter 1983 Building Permit Activity. The communication attaches a copy of Repor~ DF 83-45 which includes the information that building activity in residential and farm, business and commercial, and government and institutional areas, is showing signs of improvement. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger, that the report be received and filed. Carried Unanimously. No. 212 - Indian Defense League of America - Re: Request Parade Permit,.and use of Oakes Park. The communication requests permission to use Oakes Park Athletic Field on Saturday, July 16th, 1983 for the Annual Border Crossing Celebration of the Indian Defense League of America~ and further~ requests a Parade Permit for the route outlined therein.~ Mayor_ .Thomaonsindicated~thatz;.'. the parade route would be amended from Morrison Street to Maple Street· The Recreation Director discussed facilities required, and costs, and advised that Mr. Harry A. Hill, Chairman of the Executive Committee of the League, would attend Council at a later date if required. ORDERED on the motion of Alderman cummings, seconded by Alderman Hinsperger, that the Parade Permit and use of Oakes Park be approved, and further details to be completed at a later date. Carried Unanimously. No. 213 - Regional Public Works & Utilities Department - Re: Water/Sewage Flows by Municipality, Monthly Report - April 1983. The communication attaches report DEP-1909 entitled Water and Sewage Flows by Monic%pa!ity, Monthly Report for April for the information of Council. -5 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerr~o, that the communication be received and filed. Carried Unanimously. No. 214 - Regional Niagara Planning & Development Department - Re: Policy Plan Amendment. The communication encloses a copy of DPD 1648 which outlines a proposed Policy Plan amendment and implementation procedures for the location of group homes in residential areas in the Region. Mayor Thomson advised that he planned on attending the public meeting scheduled for June 29th, 1983 in the Council Chambers, at the Regional Municipal Building, for a discussion of the proposed amendment, that the Social Planning Council would be represented, and suggested that the Planning Director be involved on behalf of the City. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be received and filed, and further, that a copy be forwarded to the Social Planning Council and that the Planning Director be directed to represent the City of Niagara Falls at the meeting on June 29th, 1983. Carried Unanimously. REPORTS No. 316 - Municipal Works Committee - Re: Claim of G. Martuccio - Sanitary Sewers for 4119 Halar Road. The report recommends the following: 1) That City Council reaffirm its decision of April 25, 1983, that the claim of Mr. G. Martuccio for the installation of two sanitary sewer laterals to 4119 Halar Road in the amount of $2,625 be shared on a 50/50 basis between the City and Mr. Martuccio; 2) That payment to Mr. Martuccio be subject to receipt from Mr. Martuccio of a release satisfactory to the City Solicitor, relieving the City of any further obligations in this matter. 'ORDERED on the motion of Alderman SomerVille, seconded by Aiderman Coyills, that the report be received and adopted. Carried Unanimously. No. 317 - Municipal Works Committee - Re: Asphalt Patching - Various Locations. The report recommends that staff be authorized to prepare plans, specificiations, tender documents, and call tenders on asphalt patching on various sections of road surface throughout the City. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 318 - Municipal Works Committee - Re: Parking - Molson!s N.H.L. Slo-Pitch Classic Tournament. The report recommends that the Morrison Street entrance to Fairview Cemetery be barricaded during the Molson's N.H.L. Slo-Pitch Classic Tournament and the organizatioh responsible for car parking be required to provide two individuals to prohibit Slo-Pitch Tournament parking in Fairview Cemetery during Tournament hours. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Kerrio~ that the report be received and adopted. Carried Unanimously. No. 319 - Municipal Works Committee - Re: Proposed .M.T.C. Land Sale to Daytimers Canada Limited. The report recommends that the City undertake the installation of appropriate drainage facilities on Kent Avenue as requested by the M.Y.C., in conjunction with their proposed sale of land to Daytimers Canada Limited. ORDERED on the motion of Alderman Keighan, seconded by Alderman Baker, that the report be received and adopted~ Carried Unanimously.' No. 320 - Chief Administrative Officer - Re: Stop Signs on Morris0n Street. The report recommends'that the necessary by-law be prepared to allow the temporary installation of four-way stop signs at the intersections of Morrison Street with Fourth Avenue and with Valley Way. ' ORDERED on the motion of Alderman Cun~nings,'seconded .by Alderman HinsperS~r~ that the report be received and adopted· Carried Unanimously. No. 321 - Chief Administrative Officer - Re: Financing Local Improvements. The report recommends that Council pass the by-law appearing on this evening's -6- agenda that sets the rates to provide for the payment of the owners~ portion of certain local improvements. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 83-121. No. 322 - Chief Administrative Officer - Re: Accounts Report..The report recommends payment of the municipal accounts. Additional information was requested on Cheque No. 17947 to Condoris & Fortuna Ltd., regarding storm sewer - Baldwin, Belfast and Lee Avenues. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that Cheque No. 17947, be withheld pending further information. Carried Unanimously. Alderman Hinsperger declared a conflict of interest on Cheque #17966 and #18062 by reason of employment with Bell Canada; and Alderman Janvary declared a conflict of interest on Cheques ~17948 and #18050, by reason of office and home on roads included .therein. ORDERED on the motion of Alderman Keighan, seconded by Alderman Chessman, that the report be received and adopted subject to further information regarding Cheque No. 17947. The motion Carried with Aldermen Hinsperger and Janvary abstaining on conflicts of interest previously recorded, and all others voting in favour. No. 323 - Chief Administrative Officer - Re: Site Plan Approval COmmercial Home Centre, Drummond Road .& Portage Road (south of Gallinger Street). The report recommends that the Council approve the plans on display at tonight's meeting for a proposed Commercial Home Centre, the site plan being drawing number 374-AS-1 dated March 21, 1983 and the Servicing and Grading Plan being drawing number 374-SG-1 dated April 25, 1983 all prepared by Upper Canada Consultants and filed with the Buildings & Inspections Department of the City of Niagara Falls on March 30, 1983 and May 19, 1983 respectively and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted, subject to the conditions contained therein. Carried Unanimously. No. 324 - Chief Administrative Officer - Re: Request for Release, Lot 8, Plan M-29, Scholfield Street. The report recommends that Council pass the by-law appearing on this agenda to authorize a release of Lot 8, according to Registered Plan M-29 from the provisions of a subdivision agreement between the City and Taro Properties Incorporated dated November 20, 1974 and registered as Instrument No. 232482. ~ ORDERED on the motion of Alderman Merrett, seconded by Alderman 3anvary, that the report be received and adopted. Carried Unanimously. See By-law No. 83-120. No. 325 - Chief Administrative Officer - Re: Vehicle Tenders. The report recommends that City Council authorize the Fire Department totender for a 1984 car and a 1984 station ~agon, each with a wheel base of at least 112 inches. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Rinsperger~ that the report be received and adopted. Carried Unanimously. No. 326 - Chief Administrative Officer - Re: Stamford Memorial Cenotaph, Stamford Memorial Arena. The report recommends that the request of the Royal Canadian ~egion, BraRch 479, to move the Cenotaph from the Stamford Memorial A~ena to the Branch's new location (former Memorial School) be apprDWed, subject to the conditions in the report. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hineperger, that the report be received and adopted subject to the condition8 contained thereln. Carried Unanimously. -7 - No. 327 - Chief Administrative Officer - Re: Professional Wrestling - Niagara Falls Memorial Arena. The report recommends that Monday, June 13 and Monday, 3uly 25 be approved as the dates for professional wrestling at Niagara Falls Memorial Arena on the basis of 20% of the net gate with a minimum of $700 for each evening. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 328 - Chief Administrative Officer - Re: Summer Schedule of Council Meetings. The report recommends that City Council adopt the amended Summer Schedule of meetings, to read June 13th rather than 3une 6th for a Regular Meeting. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the amended report be ~eceived and adopted. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 83-120 - A by-law to authorize a release. No. 83-121 - A by-law to impose special rates to provide for the payment of the owners~ portion of the cost of certain local improvements. No. 83-122 - To amend By-law Number 3790, being a by-law for the regulation of traffic. No. 83-123 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Hinsperger and Janvary abstaining on conflicts of interest previously recorded in Report No. 322, and all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 83-120 - A by-law to authorize a release. No. 83-121 - A by-law to impose special rates to provide for the payment of the owners' portion of the cost of certain local improvements. No. 83-122 - To amend By-law Number 3790, being a by-law for the regulation of traffic. No. 83-123 - A by-law to provide monies for general purposes. .The motion Carried with Aldermen Hinsperger and Janvary abstaining on conflicts of interest previously recorded in Report No. 322, and all others voting in fayour. ~ NEW BUSINESS WOMEN'S AUXILIARY, ROYAL CANADIAN LEGION - BIENNIAL CONVENTION Alderman Cheesman advised that the ~bmen's Auxiliary of the Royal Canadian Legion would be holding their Biennial Convention September 7 - 13th, 1984. Mayor Thomson stated that he had already forwarded an invitation to the group to hold its Convention in Niagara Falls. ORDERED on the motion of Alderman Chessman, seconded by Aldermen HinsperSer that Staff be directed to begin negotiations with the Women's Auxiliaryof ~h~j LegiOn regarding the Convention. The motion Carried with the following vote: AYE: Aldermen Baker, Cheeeman, Coville, Hinsperger~ Janvary~ Keighen~ Kerrio~ Merrett, Puttick and Somerville. NAYE: Alderman Cummings. -8- MR. JOHN I'{d~RSH - RESCUE FROM NIAGARA RIVER Mayor Thomson referred to a rescue that took place at the "brink" of the Falls when John Marsh of Chippaws, pulled a woman out of the River earlier on this date. Mayor Thomson described the rescue as a "heroic feat" and suggested that Mr. Marsh be recommended for the Carnegie Award. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, thata letter be forwarded to the Police Department recommending that Mr. John Marsh receive the Carnegie Award. Carried Unanimously. CIVIC COMMITTEE UPDATE Alderman Janvary reminded Council of the reception scheduled for June 6th, at the Shaw Festival Theatre, Niagara-on-the-Lake, which was organized by Operation Clean Niagara. Alderman Janvary referred to the opening of the Regional Headquarters Building official opening on Saturday, June 4th, 1983 at 2:00 p.m. Reference was made to the symposium on Waste Management, and Alderman Janvary suggested that the information received from the conference should be referred to the Municipal Works Committee. Alderman Janvary discussed a cross-Canada run by Danny Meyer, starting from Vancouver~ B.C.~ and ending in Boston, Mass. It was agreed that arrangements would he made to meet Danny Meyer when he reaches Niagara Falls. ACTING MAYOR - JUNE 1 - 12, 1983 It was established that Council would not meet on June 6th, 1983, and Mayor Thomson requested that Alderman Janvary represent him while he was out of town. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that Alderman Paisley Janvary be appointed as Acting Mayor in the absence of His Worship, Mayor Wayne Thomson, for the period of June let, to 12th, 1983. Carried Unanimously. It was moved by Alderman Kerrio, seconded by Alderman Merrett, that Council adjourn to Committee Rooms #2 and #3, for an informal discussion with Mr. A.. A.'MacBain, Q.C.~ M.P., respecting matters of concern. READ AND MAYOR WAYNE THOMSON Committee Rooms 2 & 3 May 30, 1983 Council met in Committee Rooms #2 and #3 on Monday, May 30th, 1983 during.a.Regul.ar.,Mee.t'ingl for a discussion with Mr. A.A. MacBain, Q.~., M.P. MR. A. A. MacBAIN, Q.O., M.P. Communication No. 215 - Mr. A1MacBain, Q.C.~ M.P. - Re: Meeting with Council. The communication advises that Mr. MacBain is in agreement With a meeting with Council on Monday, May 30th, 1983. Mr. MacB~in discussed the 1983 Federal Government Budget. He advised that the budget "does not raise taxes for the year 1983" and does not "cut essential services for those people who need help". -9- Mr. MacBain discussed the "4 tier system" which distinguishes the eligibility of Municipalities for grants. He discussed further, the 1983 Federal budget and the funds being made available for 100 capital projects across Canada, in economically "hard hit" areas in order to assist the unemployed. Mr. MacEsin discussed the secondary sewage treatment plant in Niagara Falls to be completed in 1984. Mr. MacEsin replied to questions raised concerning immigration. He advised that there had been a "drastic cut back" in immigration and that no Federal loans were available for immigrants starting a business. A lengthy discussion, regarding the procedure and attempts to establish legislation against prostitution, followed. Mr. MacBain informed Council of the women's groups which have created pressure, through strong lobbying, against new legislation. He advised that the women's groups are of the opinion that prostitutes are the economic victims of our Society, and need help. Mayor Thomson stated that some of the businesses in the area were being adversely affected. He stressed the seriousness of the prostitution situation in Niagara Falls. In reply to a suggestion that the women's lobby groups be invited to Niagara Falls in order to study the local problem, Mr. MacBain stated that the aforesaid groups were "experts", and very knowledgeable concerning prostitution throughout Canada and the'World. Mr. MacBain urged that the Mayors of municipalities concerned about the problem of prostitution, should forward a telegram to the Prime Minister, Minister of Justice, and a copy directed to himself, requesting that action be taken. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that a telegram be forwarded to the Prime Minister, the Minister of Justice and to Mr. MacEsin, again advising of the seriousness of the prostitution problem in Niagara Falls, and requesting that action be taken to alleviate the situation. Carried Unanimously. Mayor Thomson requested the support of the Federal Government regarding the proposed people mover system for Niagara Falls. He advised that the City was petitioning the Provincial Ministry for financial assistance with the project. Mayor Thomson expressed the view that the people mover system was "the key to tourism in Niagara Falls in the future". He stated that the system could'create 8500 jobs. Mayor Thomson initiated a discussion regarding the feasibility study on Pyramid Place as a conference and convention centre on a small scale. A further discussion followed with regard to pollution in the Niagara River. Mr. MacBain referred to the fund raising reception at Niagara-on-the-Lake which would be artended by the Minister of the Environment. It was moved by Alderman Cheesman, seconded by Alderman Cummings, that the meeting adjourn.to Committee of the Whole. Carried Unanimously. READ AND A~OPTED, MAYOR WAYNE THOMSON Committee Rooms 2 & 3 May 30, 1983 Council met on Monday, May 30th, 1983 at 10:55 p.m. in Committee of the Whole following a Regular Meeting. All members of Council were .present. Mayor Thomson presided as Chairman. - 10 - TWENTY-SIXTH MEETING Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND /~~ MAYOR WAYNE THOMSON ING Council Chambers May 30th, 1983 Council reconvened in formal session on Monday, May 30th, 1983 following a meeting in Committee of the Whole. All members of Council were present. Hie Worship, Mayor Thomson presided as Chairman. The meeting adjourned. READ AND MAYOR WAYNE THOMSON Committee Room #1 June 13, 1983 COMMITTEE OF THE WHOLE COuncil met on Monday, June 13th, 1983 at 7:15 p.m. in Committee of the Whole. All members of Cou'ncil were present. Alderman Puttick presided as Chairman. READ AND ADOPTED, R~ Following consideration of the items presented, the Committee of the Whole arose without reporting. .,~]&a~aaaa~ MAYOR WAYNE THOMSON Council Chambers June 13, 1983 Council met on Manday, June 13th, 1983 at 7:30 p.m. for the purpose of considering general business. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. Alderman Chessman offered the Opening Prayer, The Prayer of St. John Ambulance. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the minutes of the meeting held May 30th, 1983, be adopted as printed. Carried Unanimously. PRESENTATIONS MUNICIPAL TRAINING COURSE CERTIFICATES - AND - REPORT OF THE CHIEF ADMINISTRATIVE OFFICER Report No. 329 - Chief Administrative Officer - Re: Municipal Training Course Certificates. The report recommends that the City employees listed on the attached page be presented ~ithj certificates for the successful completion of their respective training courses, along with our sincere congratulations. Mayor Thomson presented Municipal Training Course Certificates to the following employees who were specified in the report and present at the meeting: Inn Hayward, Municipal Road Design; ]bug Foster, Municipal Road Design; and R~bert Darrall, Municipal Asphalt Technology. Mayor Thomson expressed congratulations to Messrs. Haywards Foster and Darrall, and conveyed appreciation 'on behalf'of Council. UNFINISHED BUSINESS -CHIPPAWA LIONS CLUB - PROPOSED PARK BUILDING - AND - LETTER FROM MR. & MRS. FP~K WESTON Communication No. 216 - Frank & Helen Watson - Re: Proposed park building. The communication expresses concern regarding the composition~ size and location of the proposed structures and the activities planned. Alderman Hinsperger declared a conflict of interest by reasonof being a member of the Lions Club. Alderman Somerville declared a conflict of interest since a member of his family is involved in the organization. Mr. Alfred Weston was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Orr. Mr. Weston submitted a writte~ -2 - brief to members of Council on behalf of the Concerned Citizens Group. The brief reviewed concerns previously discussed regarding property values, loss of perkland, traffic, dust, noise as well as the purpose and size of the planned structure. Mr. Francis Balogh replied to questions raised with respect to ~ Lfinal submission of the Lions Club, a 50' X 80' structure, 20' of which has been planned as storage area. He stated that bingo games were not being planned. A lengthy discussion followed with questions raised by numerous concerned residents of the area. ORDERED on the motion of Alderman'Puttick, seconded by Alderman Orr, that Council approve the construction of an 80' X 80' park building. The motion was Defeated, with Aldermen Hinsperger and Somerville abstaining from the voteon conflicts of interest previously recgrded, and with the following vote: AYE: NAYE: Aldermen Orr and Puttick. Aldermen Baker, Cheesman, Coyills, Cummings, Janvary, Keighan, Kerrio, and Merrett. During further discussion concerning the acceptability of a 50' X 80' park building, Mr. Alfred Weston stated that a primary concern of the Concerned Citizens Group had been the encroachment on parkland. He further stated that expansion of the building would presumably require expanded parking space in the future. Mr. Frank Weston referred to his communication previously recorded which expressed concerns regarding the proposed building. He asked if information concerning the terms of the lease would be available. Mayor Thomson advised that all information submitted to Council is available and would be taken into consideration. He further advised that any future changes would have to be submitted to Council,, Area residents would be notified and given an opportunity to make comments prior to a decision by Council. The Chief Administrative Officer replied to questions raised concerning the cost to the City for maintenance of the park, parking facilities, parking problems, and conditions of the lease to the Lions Club. He suggested that submissions made to date, and matters of primary concern to the residents should be considered. ~Itwas,further suggested that some leniency Should be given the Club with regard to activities for the building. ~Inreply to concerns raised by residents with respect to maintenance of the washrooms, Mayor Thomson advised that the Health Department might be contacted if standards are not met. He further advised that any future' problems in the future could be brought to Council for con~ideration. ORDERED on the motion of Alderman Baker, seconded by Alderman Merrett, that approval be given for the construction of a park building 50' X 80' in the Lions Club Park. The motion Carried with Aldermen Ninsperger and Somerville abstaining from the vote on conflicts of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Cheesman, Coville, Cmmmings, Janvary, Keighan, Kerrio, O~r and Puttick. NAYE: Alderman Puttick. COMMUNICATIONS No. 217 - Niagara Falls Umpires Association - Re: Slo-Pitch Tournament at Palmet Park June 30th to July 3rd, 1983. The communication advises of the Slo-Pitch Tournament and requests a Special Occasion Permit. ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Merrett, that the request be approved subject to approval of other authorities. Carried Unanimously. See Resolution No. 71. .L. -3 - No. 218 - Montrose Slo-Pitch Team - Re: Slo-Pitch Tournament at Niagara Sports Centre. The communication advises of the Tournament scheduled for 3uly 21st to 24th, 1983, and requests a Special Occasion Permit. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the request be granted subject to approval of other authorities. Carried Unanimously. See Resolution No. 72. No. 219 - Downtown Board of Management - Re: Use of Centennial Square for "Franco Fete" on 3uly 2nd, 1983. The communication advises of the proposed outdoor cormnunity event and requests a Special Occasion Permit. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the request be approved subject to approval from other authorities. Carried Unanimously. See Resolution No. 73. No. 220 - Chippaws Heritage Club - Re: "Ye Olde Chippaws Days". The communication advises of the activities planned for Ye Olde Chippaws Days and requests a Special Occasion Permit. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the request be approved subject to approval of other authorities. Carried Unanimously. See Resolution No. 74. No. 221 - Greater Niagara Softball Association - Re: 14th Annual Niagara Invitational Fastball Tournament at Ker Park. The communication advises of the Tournament scheduled for September 2nd to 5th, 1983, and requests a Special Occasion Permit. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the request be granted subject to approval of other authorities. Carried Unanimously. See Resolution No. 75. No. 222 - Greater Niagara General Hospital - Re: Slo-Pitch Tournament at Palmet Park. The communication advises of a Slo-Pitch Tournament being sponsored by the Niagara Falls Review on August 13th and 14th, 1983, to raise funds for the United Way of Niagara Falls, and requests a Special Occasion Permit. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the request be approved subject to approval of other authorities. Carried Unanimously. See Resolution No. 76. REPORTS - ~'~ No. 330, - Chief Administrative Officer - Re: Proposed Official Plan Amendment & Zoning Amendment Application, (3. Minniti).' ~e report :recommends that the application be denied. Members of Council discussed the application of Mr. Minniti and proposed use of the land for a BMX bicycle track. There were points raised regarding a recreational use in an area presently designated in the City's Official Plan and zoned Light Industrial under Zoning By-law 79-200, as well as water and sewage. It was pointed out that the land is owned by Mr. Mlnnitl~ and further, that it would be difficult to find a location in the City for a BMX track. It was suggested that the location would not effect a residential area. Mr. J. Nicoletti, acting as agent for Mr. Minniti, advised Council that · the proposal is for a BMX bicycle track and no other recreational use is · being contemplated. .4 -4- ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that the application of Mr. J. Mlnuiti for a proposed Official Plan Amendment and Zoning Amendment application be approved. The motion Carried with the following vote: AYE: Aldermen Chessman, Cummings, Hinsperger, Kerrio, Merrett, Orr, Puttick and Somerville. NAYE: Aldermen Baker, Coville, Janvary and Keighan. No. 331 - Chief Administrative Officer - Re: Mount Forest II Subdivision Request for Building Permits. The report recommends that the by-law on the 83-06-13 Council agenda, authorizing a Subdivision Agreement amendment to permit issuance of building permits for lots 13 and 21, Plan M-97, prior to completion of Class I works, be approved. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 83-131. No. 332 - Chief Administrative Officer - Re: Contract G.C. 13-83 - Underground Services for Mount Forest II Subdivision - Stages I & II. The report recommends that the unit prices submitted by L & N Construction Limited for the above contract be accepted, and this contract be awarded. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See Resolution No. 78. See By-law No. 83-129. No. 333 - Chief Administrative Officer - Re: Deletion of Sidewalks and Completion of the Remaining Services in Bambt Subdivision (M-58 & M-59). Mr. Claude Zorzetto, a resident of Bambi Subdivision, represented a number of residents at the meeting. He requested that a decision on the matter be postponed and that information be forwarded to the residents regarding monies and uncompleted works, as well as funds being used by the developer for services. Mr. Zorzetto expressed approval regarding the completion of the subdivision. However, he advised that the residents of the area wish to discuss the proposal of Pinewood Homes in detail, and suggested that a temporary committee be formed comprised of City Council, Pinewood Homes~ residents of the area~ and chaired by Mayor ~homson. Mayor Thomson expressed appreciation of the positive attitude demonstrated by Mr. Zorzetto, referred'to difficulties encountered by residents of the area and indicated approval of the suggestions. Mr. Michael Co~aneri, President of Pinewood Homes (Niagara) Ltd., present at the meeting, indicated his agreement to a meeting. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that a decision on the matter be deferred to July 4th, 1983. Carried Unanimously. CO~4UNICATIONS No. 223 - Downtown Board of Management - Re: Band concerts on various date8 during noon hour. The communication requests permission to hold free outdoor band concerts in Centennial Square each Wednesday during July and August from 12:00 noon until 1:00 p.m. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger~ that the request be approved. Carried Unanimously. No. 224 - Regional Niagara Planning & Development - Re; Avai].a~e lots f6r ' residential ~evelo~nent.. The'.'communication_attaches a copy of Memo ~48 which reports on the humbar of available lots for residential development in subdivisions in Regional Niagara, as of December 31~ 1982. The communication includes information regarding the number of units 'which ~ould'be accommodated and the number of units approved in this area, -5- ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be received and filed. Carried Unanimously. No. 225 - Regional Niagara Public Works Department - Re: Water Quality - Low Level Toxic Contaminants. The communication attaches a copy of Report DEI ~07 dated 1983 05 11, which discusses the program being developed by the Ministry of Environment of Ontario to update techniques and optimize the removal of hazardous contaminants in water treatment processes. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cheesman, that the communication be received and filed. Carried Unanimously. No. 226 - Ontario Rydro - Re: Whirlpool Road Bridge. The communication advises that funds are not available for financing reconstruction of the Whirlpool Road Bridge. - AND - No. 227 - Ministry of Transportation & Communications - Re: Supplementary Construction Allocation for Whirlpool Road Bridge. The communication advises that funds in the amount of $500,000. have been approved as supplementary construction allocation for the City of Niagara Fa~ls, for the Whirlpool Road Bridge. A. discussion followed regarding the decisions referred to in the above communications. Mayor Thomson stated that the City has a "valid reason" to return to the Ministry of Energy and Ontario Hydro, and request that further consideration be given the request of the City. He further stated that the Rydro had been asked to consider a change in hydro rates and equalization rates across the Province. Mayor Thomson expressed the view that the City of Niagara Falls' should not have full responsibility for the project which benefits everyone in Ontario. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings, that authorization be given Mayor Thomson and Alderman Keighan, and other interested persons, to return to the Ministry of Energy and Ontario Hydro with the request that the decision concerning the Whirlpool Road Bridge be reconsidered. Carried Unanimously. No. 228 - Canadian Paraplegic Association - Re: "Spinal Cord Injury Prevention Week". The communication requests that the week of Sunday, June 26th to Saturday, July 2nd, 1983, be proclaimed as "Spinal Cord Injury Prevention Week". ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the request be granted subject to established policy. Carried Unanimously. No. 229 - Ontario Waste Management Corporation - Re: Seminar., on June 17th and June 18th, 1983. ~he communication advises of the aforementioned Seminar to discuss Phase 3 Interim Report regarding candidate areas where the search for liquid industrial waste treatment facilities will concentrate over the next several weeks, and invites Council representation at the Seminar. Mayor Thomson discussed a recent contact with representatives of the OWMC and'suggested that a qualified member of staff, with understanding of the technical aspects, be authorized to attend the Seminar on behalf of the City. ORDERED on the motion of Alderman Somerville, seconded by Alderman Kerrio, 'that a member of staff, with appropriate expertise, be authorized to attend the OWMC Seminar, together with interested members of Council. Carried Unanimously. No. 230 - Ontario Waste Management Corporation - Re: Meeting with Council July 4, 1983. The communication confirms the meeting. between the OWMC and City Council at 7:30 p.m., July 4th, 1983. ORDERED on the motion of Alderman Keighan~ seconded by Alderman Coyills, that the communication be received and filed. Carried Unanimously. No. 231 - Ministry of Municipal Affairs & Housing - Re: Municipal Amendment Act. The communication encloses copies of Bill 58~ An Act to amend the Municipal Act and requests that any comments of Council be forwarded as soon as possible. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that 'the communication be received and filed, and a copy forwarded to the Social Planning Council. Carried Unanimously. -6- No. 232 - Gambling/Gaming Monitoring Committee - Re: 3 Bingo Applications. The communication advises that the Niagara District Branch, Canadian Diabetics Association of St. Catharines, the 3ohn Howard Society of St. Catharinee and the Native Cultural Centre do not operate as organizations within the City of Niagara Falls, and therefore, recommend that approval for bingo licences be denied. (a) Niagara District Branch, Canadian Diabetics Association: Mr. Robert Stalker, President of the Niagara District Branch, advised Council that Branch office covers the entire Niagara Peninsula, that attempts made to meet at the Greater Niagara General Hospital and the Niagara Falls Public Library have not been successful, and that the Branch has been in operation since 1954. [dr. Stalker referred to the members of the executive who live in Niagara Falls. A discussion followed concerning the policy guidelines, benefits from bingo lotteries remaining in the community, families in the City being served by the Diabetics Association and the sources of funding for the organization. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the application for bingo licence for the Niagara District Branch, Canadian Diabetics Association of St. Catharines, be denied. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest, by reason of having an interest in an organization which conduct bingo lotteries, and with the following vote:. AYE: Aldermen Bakert Coville, 3anvary, Keighan, Merrett, Orr, and Puttick. NAYE: Aldermen Cheesman, Hinsperger, Kerrio, and Somerville. (b) John Howard Society: Mr. John Wells represented the John Howard Society at the meeting. He advised that the Society has been located in Niagara Falls since 1975, and t~ currently located at 5166 Victoria Avenue~ in the C.O.R.E. building, as indicated on the application form. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the matter be tabled for further information. The motion was Defeated with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Coville, 3anvary, Keighan, 0rr and Puttick. NAYE: Aldermen Baker, Cheesman, Hineperger, Kerrio, Merrett~ and Somerville. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the application of the 3ohn Howard Society be approved. Ihe motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and with the following vote: AYE: Aldermen Baker, Cheesman, Coyills, Hinsperger, Janvary, Keighan, Kerrio~ Merrett~ and Somerville. NAYE: Aldermen 0rr, and Puttick. (c) Native Cultural Centre: Mr. Scott represented the Native Cultural Centre at the meeting. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the matter be deferred. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previous recordads and all others voting in layout. REPORTS No. 334 - Chief Mminfstrative. Officer - Re: Planning Department Annual .Report - 1982. The report contains information regarding pasty present and anticipated activitiea~ and extends appreciation to members of Council and the Committee. ORDERED on the motion of Alderman 0rr, seconded by Alderman Cummingss that the report be received and adopted. Carried Unanimously. - 7- No. 335 - Chief Administrative Officer - Re: Extension of Draft Plan Approval, 26T-74143 Rainbow Gardens. The report recommends that a Council resolution supporting a further 3 month extension to the Rainbow Gardens draft plan of subdivision be forwarded to the Ministry of Municipal Affairs & Housing and once a subdivision sign is erected to municipal requirements, a further one year extension will be supported. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 77. No. 336 - Chief Administrative Officer - Re: Monroe Subdivision Extension No. 1, Plan M-91, Driveway Access to Lot 1. The report recommends that Council pass the two by-laws appearing on to-night's agenda, one to authorize an amend- ment to a subdivision agreement with River Realty Development (1976) Inc. and Group 2 Development Limited and the second to amend By-law No. 79-200, as amended. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 83-124 and By-law No. 83-125. No. 337 - Chief Administrative Officer - Re: Regional Report DPD 1646 - Alternative Procedures for Severance Applications under the 1983 Planning Act. The report recommends that the delegation of consent granting authority to a Regional Land Division Committee pursuant to the provingions of the new Planning Act be endorsed by Council at this time. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 338 - Chief Administrative Officer - Re: Contract S.T. 14-83, Surface Treatment of Roads. The report recommends that the unit prices submitted by Norjohn Contracting Limited, for the above contract be accepted. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See Resolution No. 79. See By-lawNo. 83-130. No.'339 - Chief Administrative Officer - Re: O.H.R.P. Loans. The report recommends that the applications for assistance under the Ontario Home Renewal Program listed in the report, be approved. ORDERED on the motion of Alderman Janvary, seconded by Alderman Herrerr, that the report be received and adopted. Carried Unanimously. No. 340 - Chief Administrative Officer - Re: Centennial Square Fountain and Reflecting Pool. The report recommends that the proposal contained therein to operate the water fountains in front of City Hall from 8:00 a.m. to 10:00 p.m. resulting in an estimated annual savings of $1,500. be endorsed by Council. ORDERED on the motion of Alderman Merrett~ seconded by Alderman Hinaperger, that the report be received and adopted. Carried Unanimously. No. 341 - Chief Administrative Officer - Re: Building and Inspections Department Report for May 1983. The report provides City Council with current information relative to permit statistics, development proposals and other data for the month of May 1983. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 342 - Chief Administrative Officer - Re: Accounts Report. ~he report recommends payment of the municipal accounts. Additional information was requested on Cheques No. 18230, 19277 and 18277 Alderman' Cu.~nings declared a conflict of interest on Cheque No. 18288 by reason of being employed with Acres, and on No. 18432 since Cummings Heating Service is the firm of a relative. Alderman Chessman declared a cqnflict of interest on Cheques No. 18275 and 18368 by reason of a relative employed with e -8 - the Library. Alderman Janvary declared a conflict of interest of Cheque No. 18246 by reason of the office of her husband being located on a road included. Alderman Hinsperger declared a conflict of interest on Cheques No. 18149 by reason of employment with Bell Canada, and on No. 18313 since he is a member of the Club. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the report be received and adopted. Ihe motion Carried with Aldermen Chessman, Cummings, Hinsperger, and Janvary abstaining from the vote on conflicts of interest previously recorded, and all others votlng in favour. No. 343 - Chief Administrative Officer - Re: Sale of Former Village of Chippawa Pumphouse. The report recommends that the property owned by the City of Niagara Falls and known as the pumphouse site for the former Village of Chippaws be sold to the Niagara Parks Commission at a price of $35,000. subject to the following conditions: (a) The sale be subject to any easements or right-of-ways that are currently in effect. (b). The Purchaser prepare or assume the cost of preparing the necessary reference plan. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. - No. 344 - Chief Administrative Officer - Re: A.M.O. Conference. The report recommends that City Council determine who will be representing the Municipality at the A.M.O. Annual Conference to be held at the Royal York Hotel in Toronto from Sunday August 21st, to Wednesday, August 24th, 1983. ORDERED on the motion of Aldermen Kerrio, seconded by Alderman Somerville, that the report be received and adopted, and that Aldermen Janvary and Merrett and one other member of Council be authorized to attend the Conference. Carried Unanimously. No. 345 - Chief Administrative Officer - Re: Request for Release, Lot 40, Plan M-29, 2727 Olden Avenue. The report recommends that Council pass the by-law appearing on this agenda to authorize a release of Lot 40, according to Registered Plan M-29 from the provisions of a subdivision agreement between the City and Iaro Properties Incorporated dated November 20, 1974 and registered as Instrument No. 232482, as amended by an agreement dated August 2~, 1975 and registered as Instrument No. LT-2013. ORDERED on the motion of Alderman Minsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 83-127. No. 346 - Chief Administrative Officer - Re: Store Closings on Sundays and Holidays. The report recommends that as many Members of Councll as possible attend the Regional Council meeting on June 16th, 1983, to support our application for stores to remain open on three statutory holidays and that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report bs received and adopted. Carried Unanimously. No. 347 - Civic Committee - Re: Canada Week Celebrations - Proclamation. The report requests that Council approve the printing of a proclamation in the local newspaper, respecting events to be held from June 18th to July 3rd, 1983, to honour Canada's 116th birthday, as contained therein. ORDERED on the motion of Alderman Cun~nings, seconded by Alderman Hinsperger, that the report be received and approval granted. Carried Unanimously. No. 348 - Aldermen Janvary, Orr and Coville - Re: Free Swimming at Municipal Pools, July let, 1983. ~he report recommends that City Council agree to free swimming at the four Municipal Bools on July 1st as part of the celebrations planned for Canada's ll6th Birthday. ORDERED on the motion of Alderman Janvary, seconded by Alderman Chessman, that the report be received and adoptedJ and a copy forwarded to the Recreation~ Department..Cartled Unanimously. -9 - RESOLUTIONS No. 71 - CHEESMAN - MERRETT - RESOLVED that the Niagara Falls Umpires Association Slo-Pitch Tournament be granted permission to conduct a beer concession in conjunction with their tournament on June 30th, July 1st, 2nd, and 3rd, 1983, at the Y.M.C.A. Palmer Park, subject to the approval of the Niagara Regional Police, the Niagara Falls Fire Department, the Niagara District Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 72 - CHEESMAN - MERRETT - RESOLVED that the Montrose Slo-Pitch Team be granted permission to conduct a liquor and beer concession in conjunction with their tournament on July 21, 22, 23 and 24, 1983, at the Niagara Sports Centre, subject to the approval of the Niagara Regional Police, the Niagara Falls Fire Department, the Niagara District Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 73 - CHEESMAN - MERRETT - RESOLVED that the Downtown Board of Management and the Association of French Canadians of Ontario be granted permission to conduct a beer concession in conjunction with their Franco Fete community event, to be held at Centennial Square on Saturday, July 2, 1983, subject to the approval of the Niagara Regional Police, the Niagara Falls Fire Department, the Niagara District Health Unit and the Liquor Licensing Beard of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 74 - CHEESMAN - MERRETT - RESOLVED that The Chippawa Heritage Club be granted permission to conduct a beer and wine concession in conjunction with "Ye Olde Chippawa Days" mini-carnival to be held on Saturday, July 30th, 1983, in Cummington Square, subject to the approval of the Niagara Regional Police, the Niagara Falls Fire Department, the Niagara District Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 75 - CHEESMAN - MERRETT - RESOLVED that the Greater Niagara Softball Association be granted permission to conduct a beer concession in conjunction with the 14th Annual Niagara Invitational Fastball Tournament to be held at Ker Park, September 2nd to September 5th, 1983, inclusive, subject to the approval of the Niagara Regional Police, the Niagara Falls Fire Department, the Niagara District Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 76 '- CHEESMAN ~ MERRETT - RESOLVED that the United Way of Niagara Falls be granted permission to conduct a beer concession in conjunction with the Slo-Pitch Tournament to be sponsored by the Niagara Falls Review, to be held at Palmet Park on August 13th and 14th~ 1983,1 subject to the approval of the Niagara District Health Unit and the Liquor Licensing Beard of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 77 - CUMMINGS - HINSPERGER - RESOLVED that the Council of the City of Niagara Falls supports a 3 month extension to the Rainbow Gardens draft plan of subdivision - File No. 26T-74143, and the Ministry of Municipal Affairs and Housing be so advised, and further, that once a subdivision sign is erected to municipal requirements, a further one year extension will be supported; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 78 - KERRIO - MERRETT - RESOLVED that the unit prices submitted by L & N Construction Limited, for Contract G.C. 13-83 - underground services for Mount Forest II Subdivisioe~ Stages I and II, be accepted at the low tendered price of $58J802.87; AND the Seal of the Corporation be hereto affixed· Carried Unanimously. - l0 - No. 79 - CHEESMAN - MERRETT - RESOLVED that the unit prices submitted by Norjohn Contracting Limited, for Contract S.T. 14-83, Surface Treatment of Roads, be accepted at the tendered price of $170,354.30;. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 83-124 - A by-law to amend By-law No. 79-200, as amended. No. 83-125 - A by-law to authorize an amendment to a subdivision agreement with River Realty Development (1976) Inc. and Group 2 Development Limited (Monroe Extension No. 1). No. 83-126 - A by-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. No. 83-127 - A by-law to authorize a release. No. 83-128 - A by-law to repeal By-law No. 3470, being a By-law to prohibit the use of land or of buildings on certain streets for the pursuit of phrenology, palmistry, fortune-telling.or sooth-saying. No~ 83-129 - A by-law to authorize the execution of an agreement with L & N Cohstruction and Excavating of Niagara Limited for the construction of underground services in the Mount Forest II Subdivision - Stages I and II. No. 83-130 - A by-law to authorize the execution of an agreement with Norjohn Contracting Limited for surface treatment of roads. No. 83-131 - A by-law to authorize an amending agreement with Rick Redekop Ltd. No. 83-132 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Chessman, Cummings, Hinsperger, and Janvary abstaining from the vote on conflicts of interest previously recorded in Report No. 342, and all others voting in layout. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker, that the following by-laws be now read a second and third time: ? No. 83-124 - A by-law to amend By-law No. 79-200, as amended. No. 83-125 - A by-law to authorize an amendment to a subdivision agreement with River Realty Development (1976) Inc. and Group 2 Development Limited (Monroe Extension No. 1). No. 83-126 - A by-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. No. 83-127 - A by-law to authorize a release. No. 83-128 - No. 83-129 - A by-law to repeal By-law No. 3470, being a By-law to prohibit the use of land or of buildings on certain streets for 'the pursuit of phrenology, palmistry, fortune-telling or sooth-saying. A by-law to authorize the execution of an agreement with L & N Construction and ExcavatinS of Niagara Limited for the construction of underground services in the Mount Forest II Subdivision - Stages I and II. No. 83-130 - A by-law to authorize the execution of an agreement with Norjohn Contracting Limited for surface treatment of roads. - 11 - No. 83-131 - A by-law to authorize an amending agreement with Rick Redekop Ltd. No. 83-132 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Chessman, Cummings, Hinsperger, and Janvary abstaining from the vote on conflicts of interest previously recorded in Report No. 342, and all others voting in favour. NEW BUSINESS QUEEN STREET ENTRANCE In reply to questions raised regarding the entrance to Queen Street, the Chief Administrative Officer presented a brief update report ACTING MAYOR/ALDERMAN JANVARY Alderman Janvary thanked His Worship Mayor Thomson for the opportunity of being Acting Mayor during his absence. Mayor Thomson expressed appreciation to Alderman 3anvary for her assistance. CONGRATULATIONS - FIRE CHIEF ORDERED on the motion of Alderman Puttick, seconded by Alderman Kerrio, that a letter of congratulations be forwarded to Fire Chief Dave Kemp, on his appointment to the Board of Directors of the Ontario Association of Fire Chiefs, for the term 1983 - 1984. Carried Unanimously. PROSTITUTION PROBLEM AIderman Cummings advised that he had artended a conference of the Catholic Women's League, at which time he suggested the organization write the local representative of the Federal Government to express the group's opposition to the current prostitution situation. Mayor Thomson advised that a resolution to that effect had been forwarded last year. He further advised of a contact with Bishop Fulton concerning the matter. LINE PAINTING - CITY STREETS Mayor Thomson discussed the unsatisfactory line painting on City streets which is being done at the present time. He expressed the view that this could create a serious safety and traffic problem. He requested that a full report be received at Council concerning this matter, with no funds to be paid tO the contractor until a report is received. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that payment for line painting on City streets be deferred, and further that staff conduct a full investigation on this matter and report back to Council. It was further recommended that the job be discontinued. Carried Unanimously. ~ It was moved by Alderman Merrett, seconded by Alderman Puttick, that the meeting adjourn. Carried Unanimously. TWENTY-SEVENTH MEETING Committee Room #1 June 20th, 1983 Council meton Monday, June 20th, 1983 at 6:30 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Puttick. Alderman Coyills presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND MAYOR WAYNE THOMSON Council Chambers June 20th, 1983 Council met on Monday, June 20th, 1983 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Puttick. His Worship, Mayor Thomson presided as Chairman. Alderman Merrett offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that the minutes of the meeting held June 13th, 1983, be adopted as printed. Carried Unanimously. DEPUTATION MR. RALPH BELLEAU - BAR EAST MEAT & SEAFOOD LTD. Mr. Ralph Bellsan wished to address Council respecting the sale of fish and meat products, door to door, in the City of Niagara Fails. Mr. Bellsan did not appear and therefore th.j. matter was not considered. UNFINISHED BUSINESS WHITE OAK TREE, PORTAGE ROAD - AND - LETTERS FROM THE NIAGARA PARKS CO~fiMISSION & THE NIAGARA FALLS HERITAGE FOUNDATION Communication No. 233 - The Niagara Parks Commission - Re: Oak Tree, Portage Road. T~e communication attaches a report on the condition of the subject tree from the Coordinator of Horticulture. The report advises that the tree could be preserved, subject to repair work estimated at $3,500. The report further states that if the work cannot be considered, the tree should be removed since it is a threat to the public. The communication advises that safety to the public should be the main concern. - AND - Communication No. 234 - The Niagara Falls Heritage Foundation - Re: Restoring the Portage Road Oak. The communication advises that the tree will be inspected and if a recommendation is received~ professional assistance will be utilized to preserve the tree, with plans being submitted to the proper authorities. It was further suggested, that in the event of removal of the tree~ portigns . be preserved for mementos in conjunction with the 200th Anniversary of Portage Road in 1990. A discussion followed regarding on-going work on the tree and the safety aspect. Mayor Thomson stated that the Heritage Foundation intends to be responsible for the cost of preserving the Oak tree, and that the City might be responsible for future maintenance. ORDERED on the motion of Alderman Merrett~ seconded by Alderman Kerrio~ that -2- approval be granted The Niagara Falls Heritage Foundation to undertake the project, subject to no additional decay being found, and in conjunction with Niagara Parks Commission and City staff involvement. Carried Unanimously. REPORTS No. 349 - Chief Administrative Officer - Re: Unopened Road Allowance, West of Garner Road, South of Warner Road. The report recommends that the request for conveyance of the unopened road allowance by Mr. F.M. Marotta on behalf of his clients be conveyed at the appraised value plus legal and survey costs. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. Mr. F.M. Marotta, St. Catharines, requested further consideration of the matter. He discussed the subject land which has been utilized by his clients, Mr. and Mrs. Clifford Grimwood since 1935 when the property was conveyed to them. Mr. & Mrs. Grimwood had been unaware that the portion of the 10.75 acres parcel which was recently conveyed by them, was in fact unopened road allowance. He further stated that the unopened road allowance under discussion~ cuts through the property which had been owned by his clients, and totals approximately 2 acres. Mr. Marotta contended that the parcel was landlocked, although he agreed that it did have frontage on Warner Road. He requested that Council consider conveyance of the parcel to his clients. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrto, that the motion to receive and adopt the report be rescinded. Carried Unanimously. Mr. Marotta stated that his clients had not paid taxes on the unopened road allowance, had used it for dairy farmland, and requested that it be conveyed to Mr. and Mrs. Grimwood for the ~935 property evaluation. He stated that when it was recently conveyed, the current appraised value had been included in the sale price. ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Coville, Cummings, Hinsperger, Janvary, Keighan, Kerrio, Merrett, Orr, and Somerville. NAYE: Alderman Chessman. No. 350 - Chief Administrative Officer - Re: Annual Border Crossing Celebrations (Indian Defense League of America) at Oakes Park. The report advises that Mr. Harry Hill and representatives of the Indian Defense League of America wish to address Council this evening regarding the costs for their celebrations at Oakes Park. Mr. Harry Hill advised that the history of the proposed parade dates back to 1928 and at that time it had been an annual event. He referred to the assistance given by the Indian Defense League to the Police Department and to sports. Mr. Hill stated that any available funds are used for the expenses incurred for the band, costumes, the parade and contest prizes. However, he added that there was little money. Mr. Hill requested that Council waive the $900. estimated cost to the City, and offered manpower for clean-up purposes. The Recreation Director advised that in 1981 when the parade was last held in the City, there had been no charge. ORDERED on the motion of Alderman Janvary, seconded by Alderman Somerville, that the charge be waived, subject to the Indian Defense 'League manpower being used for clean-up purposes· Carried Unanimously. COMMUNICATIONS No. 235 - Niagara Fastball Association - Re: Fastball Tournament, July 14th to 17th, 1983. The communication advises of the Tournament to be held ', -3 - at Ker Park and requests a Special Occasion Permit. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to approval of other authorities. Carried Unanimously. See Resolution No. 80. No. 236 - Chippawa Home Hardware - Re: Permission to open Sundays and Holidays. The communication requests permission to open the place of business on Sundays and holidays year round excepting Christmas Day, Boxing Day and New Year's Day. The City Clerk advised that Mr. Saxton had requested the matter be tabled for two weeks. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the matter be tabled as requested, and further that a letter be forwarded to Mr. Saxton outlining the decision of the Region regarding this matter. Carried Unanimously. No. 237 - The Niagara Peninsula Conservation Authority - Re: Fill, Construction & Alteration to Waterways Regulation (Ontario Regulation 220/81). The communi- cation attaches revised Regulation Policies and Procedures document dated May 26, 1983, and advises that this alleviates some of the concerns and misunderstandings associated with the regulation regarding flood plain management. The communication requests that comments and recommendations regarding the document be forwarded no later than July 31st, 1983. ORDERED on the motion of Alderman Kerrio, seconded by Alderman 3anvary, that the communication be forwarded to the ~nicipal Works Committee for consideration and to Mrs. Stella Ziff, Fort Erie. Carried Unanimously.· No. 238 - Iown of Fort Erie - Re: Lottery Licencing Regulations. The communica- tion requests endorsation of a resolution to the Ministry of Consumer and Commercial Relations to expedite its review of bingo regulations. ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Kerrio, that the resolution be endorsed. The motion Carried with Alderman Cummings abstaining from the vote on conflict of interest by reason of an interest in an organization which carries on bingo lotteries, and all others voting in fayour. No. 239 - Mrs. Anna Hunt - Re: Dangerous intersection of First Avenue & Huron St. The communication refers to the subject intersection, to the car accidents which have occurred at the location, and requests that a flashing stop sign be installed on both sides of First Avenue. ORDERED on the motion of Alderman Merrett, seconded by Alderman Chessman, that the matter be referred to staff for investigation and a report. Carried Unanimously. REPORTS No. 351 - Chief Administrative Officer - Re: Region's Proposed Policy Plan Amendment No. 15 with respect to the location of Group Homes in Residential Areas. The report recommends that it be endorsed by Council as the City's position with respect to the Region's Proposed Policy Plan Amendment No. 15; and that the Planning Director present this submission to the Public Meeting being held by the Region on this matter on Tuesday, 3une 28, 1983. A discussion followed concerning the possible contradiction regarding the role gf the Region and the intention of reviewing the Group Home issue in 3 years' time to determine progress of acceptance of Group Homes in the municipalities, and possible changes to Provincial policies or guidelines on Group Homes. Mayor Thomson expressed the opinion that the local municipality should make decisions and have reponsibility regarding the acceptance or non-acceptance of Group Homes. He suggested that a review in the future could re-create the controversy. Mayor Thomson further stated that the responsibility was a local one. The Planning Director advised that Council was making a decision on the policy and allowing the Region to have other municipalities create their own policies. He explained that support was being given because when the delegation met with the Ministry, information was received that the Province did not intend to force Group Homes into any hostile community. It was further explained that the location of Group Homes would be at the discretion of the area Municipality. The Planning Director stated that the City of Niagara Falls could accept the policy, with the submission that the procedures would be reviewed by the Region. -4- ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted, and that a copy be forwarded to the Social Planning Council. Carried Unanimously. No. 352 - Chief Administrative Officer - Re: AM1/81 - Fiorentino - Proposed Townhouses, West side of Ottawa Avenue. The report recommends that the contents of the attached O.M.B. decision be noted, and the City Solicitor's office be instructed to prepare a zoning amendment by-law to permit the construction of a townhouse dwelling containing not more than four units, subject to the conditions outlined by the Board. ORDERED on the motion of Alderm~n Kerrio, seconded by Alderman Orr, that the report be received and adopted, subject to the conditions outlined therein. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Coville, Cummings, Hinsperger, Keighan, Kerrio, Merrett, Orr, and Somerville. NAYE: Alderman Janvary. No. 353 - Chief Administrative Officer - Re: Proposed sale of Branchard Road Allowance. The report recommends that four small parcels of land, being parts 1 to 4 on the attached drawing, located at the westerly end of Branchard Road be conveyed to abutting landowners for $300.00 each; and that the remaining portion of the road extending east to Dorchester Road be sold to Ontario Hydro for $12,500.00; and that the City Solicitor be authorized te proceed with the closing and conveyance of the five parcels. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted. The motion Carried with Mayor Thomson and Alderman Janvary abstaining from the vote on conflicts of interest by reason of relatives having an interest, and all others voting in favour. No. 354 - Chief Administrative Officer - Re: Quit Claim Deeds to Hydro - Unopened Laneways, south of Ferry Street. The report recommends that unopened laneways within Ontario Hydro property south of Ferry Street be closed by Judge's Order and conveyed to Hydro for approximately $500.00 in legal expenses plus any survey costs. ORDERED on the motion of Alderman Keighan, seconded by Alderman Kerrio, that the matter be deferred pending a meeting with Hydro officials regarding another matter. Carried Unanimously. No. 355 - Chief Administrative Officer - Re: New Vehicle - Commissionaires. The report recommends that the Chief Administrative Officer be authorized to purchase a used Regional Police vehicle at a cost not to exceed $4,000. ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously- No. 356 - Chief Administrative Officer - Re: Demolition ef 4173 and 4181 Queen Street. The report recommends that United Contracting of Niagara Falls, Ontario, be awarded the contract for demolition of the above City owned properties. A brief discussion followed regarding the contractors previous work with the City. Information was recelved that the work done on former contracts had been satisfactory. It was suggested that future reports with recommendations regarding contractors for work with the City should contain information respect- ing work done. ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. See Resolution No. 81. See By-law No. 83-134. NO. 357 - Chief Administrative Officer - Re: Reciprocity for Master Plumbers. the report recommends that the by-law which provides for reciprocal licencing for Master Plumbers between reciprocating municipalities, be aperoved. ORDERED on the motion of Alderman Keighan, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See By-law No. 83-136. -5 - No. 358 - Chief Administrative Officer - Re: Payment of Accounts. The report recommends payment of the municipal accounts. Additional information was requested on Cheques No. 18473, 18591, 18594, and 18629. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the report be received and adopted. ~e motion Carried with Alderman Hinsperger abstaining from the vote on conflict'of interest on Cheque #18498, and Alderman ~heeSman on. ~18591, by.reason ~f'.employment, and all others voting in fayour. No. 359 - Chief ~ministrative Officer - Re: Smoke Detector By-law. The report recommends that Council pass the ~loke Detector By-law appearing on tonight's agenda. Mayor Thomson suggested the possibility that some service clubs might be of assistance to persons who find the installation of the smoke decrectors a hardship. The Fire Chief stated that since 1970, homes are the only area not required by law to install smoke detectors. He further stated that apartment dwellers would work through landlords to have the installations made. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 83-133. No. 360 - Chief Administrative Officer - Re: Fire Department Minitor Pagers. The report recommends that Council approve the quotation of $5,772 for 12 Minitot pagers, chargers and cases from Motorola Limited of Hamilton. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 82. No. 361 - Municipal Works Committee - Re: Watermain Construction on Pedestrian Walkway 48(2) Village Cr. to Frontenac Street. The report recommends the following: 1) That authorization be granted to complete the watermain looping on the easterly half of Walkway 48(2) to Frontenac Street, and 2) That the costs for removal of the sidewalk and fences necessitated by the watermain construction. not be charged to the'owners of abutting Lots 21 and 22, R.P. 246. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 362 - Municipal Works Committee - Re: WhirlpoOl Road Bridge. The report recommends the following: 1) That authorization be granted to calling of tenders for the replacement of the Whirlpool Road Bridge over the H.E.P.C. Canal, and 2) That the additional net City. cost of approximately $430~00U be financed from the 1983 Operating Budget allocation for contributions to capital financing; 3) That notwithstanding our negotiations with Ontario Hydro with respect to participation in construction, we feel there is a responsibility to complete the bridge 'for businesses and citizens in the ~ity. This will not interfere with our negotiations with Ontario Hydro. ORDERED on the motion of Aideman Hinsperger, seconded by Alderman Kerrio, that the report b~ re~eived and adopted. Carried Unanimously. No. 363 - Municipal Works Committe! - Re: 1983 Tender for Extermination of Rats, Groundhogs, Skunks and Bees. The report recommends that the unit prices submitted by Niagara Pest Control Ltd. in the amount of $7,070.00 for the elimination of rats, groundhogs~ ekunks~ and bees~ commencing July 1, 1983, be accepted. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Ker~io, that the report be received and adopted. Carried Unanimously. See Resolution No. 83. See By-law No. 83-135. -6- with respect to the aforesaid pests. It was suggested a o clause might be included in the by-law. ORDERED on the motion of Alderman Keighan, seconded by Alderman Cheesman, that By-law No. 83-135 authorizing the execution of an agreement with Niagara Pest Control Ltd. for rodent control services, be deferred. Carried Unanimously. RESOLUTIONS No. 80 - CUMMINGS - HINSPERGER '- RESOLVED that the Niagara Fastball Association be granted permission to conduct a beer concession in conjunction with their annual fastball tournament on July 14th, 15th, 16th, and 17th, 1983, atKer Park, subject to the approval of the Niagara Regional Police, the Niagara Falls Fire Department, the Niagara District Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 81 - CHEESMAN - KERRIO - RESOLVED that United Contracting of Niagara Falls, Ontario, be awarded the contract for demolition of 4173 and 4181 Queen Street, both properties being owned by the City, at the tow tendered price of $3,300.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 82 - CUMMINGS - HINSPERGER - RESOLVED that the unit prices submitted by Motorol Limited, for Minitor Pagers, be accepted at the low tendered price of $5,772.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 83 - HINSPERGER - KERRIO - RESOLVED that the unit prices submitted by Niagara Pest Control Ltd. for the elimination of rats, groundhogs, skunks, and bees, commencing July 1, 1983, be accepted at tendered price of $7,070.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws, and the by-laws be read a first time: No. 83-133 - A by-law respecting devices for the early detection and simultaneous alarm, signalling the presence of fire in antearly stage. No. 83-134 - A by-law to authorize the execution of an agreement with John Pullia, carrying on business under the name of United Contracting for the demolition of buildings at 4173 Queen Street and 4181 Queen Street. No. 83-136 - A by-law to amend By-law No. 6328, 1963, as amended, being the plumbing by-law. No. 83-137 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Hinsperger and Chessman_abstaining from. ~he vote oa By-law No.'i'B'fr[-137 on conflicts of interest pr~viouelyrecorded .under:~eport ~0~ 358, and all:others=voting in fayour. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: No. 83-133 - A by-law respecting devices for the early detection and simultaneous alarms signalling the presence of fire in an early stage.' NO. 83-134 - A by-law to authorize the execution of an agreement with John Pullia,. ,carrying on business under the name of United Contracting for the demolition of buildings at 4173 Queen Street and 4181 Queen Street. - 7 - No. 83-136 - A by-law to amend By-law No. 6328, 1963, as amended, being the plumbing by-law. No. 83-137 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Hinsperger and Chessman abstaining from the vote on ~3-137 on conflicts of interest previously recorded, and all others voting in favour. NEW BUSINESS CORONATION RECREATION CENTRE - TOUR His Wq~ship, Mayor Thomson reminded Council of the invitation to tour the Coronation Recreation Cen.tre on Tuesday, June 21, 1983, at 7:00 p.m. CHAMBER OF COMMERCE MEETING His Worship, Mayor Thomson referred to the meeting with the Chamber of Commerce, and annual wine and cheese party scheduled for June 22nd, 1983 at the Commissioner's Quarters. Information was received that Mayor Thomson, and Aldermen Baker, Sanvary and Merrett were available for. attendance. PCBs & TOXIC CHEMICALS Alderman Cummings initiated a discussion regarding a recent newspaper article with respect to PCB dumps located in the City. The Fire Chief indicated that he had been aware of the location of some storage areas in the area, with 45 gallon drams. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that a letter be forwarded to the Provincial Ministry of the Environment requesting that a meeting be scheduled to discuss PCB and other toxic chemical dumps in the City of Niagara Falls. Carried Unanimously. MOLSON'S N.H.L. SLO-PITCH Alderman Cummings discussed the success of the Molson's N.H.L. Slo-Pitch Tournament which had taken place during the past week-end. ORDERED on the motion of Alderman CummingS, seconded by Alderman Kerrlo, that letters of congratulations and appreciation be forwarded to sponsors of the Molson's N.H.L. Slo-Pitch Tournament, and advising that the City of Niagara Falls would anticipate the event again next year. Carried Unanimously. DOWNTOWN BOARD OF MANAGEMENT Alderman Merrett discussed a recent article in the local newspaper regarding his attendance at meetings of the Downtown Board of Management. further discussed reasons for his absence, his-interest and support of the projects concerning the downtown core~ Re Mayor Thomson expressed appreciation of the attitude taken by Alderman Merrett, and-~eferred to the responsibilities and workload taken on by the ·Alderman. CANADA DAY CELEBRATIONS - CIVIC COMMITTEE Alderman Janvary discussed a picnic being planned as a Canada Day celebration, at the Optimist Park. She advised that this Would be an outstanding event, and open to everyone. OWMC SEMINAR - PORT COLBORNE Alderman Cov'ille referred to the OWMC Seminar she had attended at Port Colborne on June 17th~ 1983, and to the meeting scheduled for June 23rd, in the Blue Line Room at the Niagara Falls Memorial Arena. _g _ NIAGARA FALLS MINOR BOYS SOFTBALL ASSOCIATION Mayor Thomson reviewed a letter dated June 20th, 1983, from the Niagara Falls Minor Boys Softball Association, which expressed concerns regarding City facilities for the upcoming Ontario Midget Elimination Tournament. Mayor Thomson advised that complaints had been received concerning the maintenance at Ker Park and Prince Charles Park. Alderman Cummings made reference to the poor condition of the score board at Ker Park and suggested that City staff could .~eplace this item at a minimal cost. ORDERED on the motion of Alderman Keighan, seconded by Alderman Merrett, that this matter be referred to the Recreation Department with instructions for repair of the score board, work on the ball diamonds, personnel to be provided during the tournament, and investigation of the use of an available PA system. Carried Unanimously. TRANSFER OF CENOTAPH His Worship Mayor Thomson indicated that he had artended the official opening of the new headquarters of the Royal Canadian Legion, Branch 479, and referred to the improvements to the old Memorial School building. Reference was made to the exorbitant cost of moving the cenotaph to the present location, an estimated $5,000. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that Staff investigate the matter, with a view to reducing the cost involved, and the possibility of using City forces at no cost to the Legion. Carried Unanimously. BUSINESS & INDUSTRIAL GROWTH AGENCY INC. The City Clerk reviewed a communication addressed to Mayor Thomson and Council from Alderman Puttick, which expressed concerns regarding the proposed salary increase for Mr. F. Miele of the B.I.G. ORDERED on the motion of Alderman Merrett, seconded by Alderman Coville, that the communication be received and deferred to the proposed meeting with the B.I.G. on Thursday, June 23rd, 1983. Carried Unanimously. Mayor Thomson referred to the release of information to the news media by the B.I.G. regarding the location of a brewery in the City of Niagara Falls. Me advised that Council had been informed in confidence, of the possibility of a brewery being located in the City. Mayor Thomson referred to previous procedures concerning release of information on a joint basis at a press conferencey and stated that a premature release could jeopardize the establishment of an industry and embarrass people tnvolved~ Reference was further made to the discussions with Ministry of Agriculture and Food, and to financial funding being offered the brewery by the City Buffalo as an incentive to have the industry locate in that municipality. Mayor Thomson discussed the possible involvement of other municipalities and outside contractors as a result of the premature press release. He referred to a discussion with the President of B.I.G. Members of Council expressed concern regarding the recent occurrence and referred to the former rapport of B.I.C. with the City; the professional and business-like handling of affairs; future investors coming to the City being unaware of possible premature release of information; release of information concerning the possible salary increase placing the City in a "bad position"; and the need for cooperation ~nd understanding between B.I.G. and the City. ORDERED on the motion of Alderman Keighan~ seconded by Alderman 0rr, that information be forwarded to the B.I.G. indicating the concern of .Council regarding the premature press releases, and Council's desire that information respecting the location of industry in the municipality be released in accordance with the procedure formerly followed, that this be done jointly between the B.I.G. and Council. Carried Unanimously. -9- It was moved by Alderman Merrett, seconded by Alderman Cummings, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED MAYOR WAYNE THOMSON i TWENTY-EIGHTH MEETING Committee Room #1 July 4, 1983 Council met on Monday, July 4th, 1983 at 6:30 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Somerville. Alderman Kerrio presided as Chairman. Following consideration of the items presented, the Conmittee of the Whole arose without reporting. . ~. B. G. SCOTT, DEPUTY CITY CLER~1 MAYOR WAYNE THOMSON Council Chambers July 4, 1983 Council met on Monday, July 4th, 1983 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Somerville. His Worship, Mayor Thomson presided as Chairman. Alderman Orr offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the minutes of the meeting held June 20th, 1983, be adopted as printed. Carried Unanimously. SPECIAL MEETING ONTARIO WASTE MANAGEMENT CORPORATION - INDUSTRIAL WASTE DISPOSAL SITE Dr. D.A. Chant, Chairman and President of O.W.M.C., Dr. BarFyMitchell, and Mrs. B. Benson represented the O.W.M.C. st the meeting. Dr. Chant was granted permission to address Council on the motion of Alderman Cheesman, seconded by Alderman Cummings. Dr. Chant explained that O.W.M.C. was a provincial crown agency created in 1981 by the Ontario Government to establish a liquid industrial waste and hazardous waste management system for the province. He explained the facility components, being the incinerator, the physical/chemical treatment plank ~ the engineered landfill. The components must be located where predictable and impermeable soil conditions would provide protection in the event of failure in engineering devices or the occurrence of a spill. Dr. Chant discussed other factors to be considered for the "candidate areas", further studies to be completed and local groups to be confronted to obtain additional informat~on, prior to a final decision. Dr. Mitchell discussed the conditions required for the incinerator, treatment plant and landfill site. He referred to the atmospheric, physical and soil characteristics which would be required. Dr. Chant replied to questions raised by Council members. He discussed the unsuccessful attempts made by the Provincial Government to encourage waste disposal systems in the private sector. Dr. Chant referred to costs and the plan to operate the site on a break-even basis with "cost to the public purse" being a '~inor" one. He discussed the utilization of the "world!~s leading proven technology" and the mandate to create a treatment facility for Ontario. He requested constructive reasons for considering the Niagara area unsuitable as a hazardous waste disposal site. Council was advised that the O.W.M.C. was subject to regulations of the Ministry of the Environment in the same way as industry, and that local representation from the selected municipality would assist in'Setting emission standards and.monitoring the operation. Dr. Chant further advised that the clients would be responsible for treatment and transportation costs. He explained pre-treatment methods~ higher standards of driver training and equipment studies on highway accidents. -2 - In reply to questions raised Dr. ~hant discussed reasons for the unsuitability of areas outside the Golden Horseshoe for the proposed disposal site, and the probability of suitable required conditions within the Golden Horseshoe. During a discussion of land use, Dr. Chant stated that the O.W.M.C. is not bound by local zoning by-laws. However, he further stated that land owned by the Crown, or zoned for industry, would be preferred. Council was further advised that consideration would be given to conflict between the project and the tourism industry. Dr. Chant replied to questions raised concerning areas which generate a high percentage of industrial waste, and informed the meeting that there was less treatment of the waste in the Niagara Peninsula and north of Hamilton. He referred to archeological sites and the need for discussion with farmers concerning this important aspect. Dr. Chant further advised that if necessary the government would consider expropriation of the required land, which could be approximately 150 acres as well as a "buffer zone". Mr. Mike Halls, Mr. Claude Zorzetto, Mr. Bill McCann, Mrs. Jackie Calebretta, and numerous other interested and concerned citizens from the City of Niagara Falls, Stevensville, Port Robinson, Port Colborne and other areas discussed their concerns with Dr. Chant. These concerns included the rejection of the O.M.B. of the City for a sludge lagoon on environmental and soil conditions; total acreage required for the proposed disposal site; natural gas wells within the area; soil condition; the amount of industrial waste produced by diverse companies; atmospheric conditions being studied; health hazards; improperly treated toxic waste; reciprocal exchange of waste between the Province and northeastern United States; and the result of chemical combinations at the site. Dr. Chant suggested that the documentation previously collected regarding a sludge lagoon site in the area would be considered important to the decision being made for the proposed hazardous waste site. Mayor Thomson expressed the appreciation of Council and the community to Dr. Chant, Dr. Mitchell and Mrs. Benson for their attendance at the meeting. His Worship, Mayor Thomson suggested that interested residents should relay their names to City staff, and representatives of each involved group, to form a Committee with Staff and Council for the preparation of a brief to be submitted to the O.W.M.C. COFaMUNICATION No. 233 - Niagara Bowmen. Archery Club - Re: Federation Archery Contest. The communication advises of the Federation Archery Contest scheduled for August 21, 1983, at Sherk Road and Willoughby Drive and requests a Special Occasion Permit. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings, that the request be approved subject to the approval of other authorities. Carried Unanimously. See Resolution No. 84. DEPUTATIONS NIAGARA AGAINST TOXINS - MR. AL SAMS Mr. A1Sams, President of Niagara Against Toxins, advised Council that the group was composed of a number of residents who are concerned with respect to the project of the O.W.M.C. for an industrial waste site in the area. The group wishes to meet with Council and with Dr. Chant, Chairman and Presideht of the O.W.M.C. in September 1983. Mr. Sams advised that the group has information regarding the formerly proposed sludge ponds which might be helpful. Mayor Thomson advised that representatives of Niagara Against Toxins could be included in the Committee being formed to prepare a brief for submission to the O.W.M.C. - 3 - MERIDIAN FOOD PRODUCTS - APPLICATION FOR HAWKER & PEDLAR LICENCE Mr. Michael Somes and Mr. Mike Coughlin, representatives of Meridian Food Products, artended the Council meeting, advised of the services of their company which provides quality frozen products, specialty items, across Canada. Council was further advised that the products were gourmet items which would not have a competitive market in Niagara Falls. Mayor Thomson explained that it would be unfair to businesses in the community if approval was given the application. He stated that an application had been denied Meridian Food Products in 1982. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the application for a Hawker and Pedlar Licence be denied. Carried Unanimously. CHIPPAWA HOME HARDWARE - REQUEST SUNDAYS & HOLIDAYS OPENING Mr. Thomas A. Saxton advised Council of grocery stores in the Chippawa area which are open on Sundays and holidays, and which offer for sale items similar to those in the hardware store. He discussed emergency situations which require hardware equipment. Mr. Sexton stated that the store is situated in a designated tourist area. Mayor Thomson advised that a similar request from a hardware store in Niagara Falls had previously been denied. A discussion ensued concerning hardware stores remaining open in Fort Erie and Niagara-on-the-Lake. ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that the matter be referred to staff for an investigation and report back to Council, prior to a decision being made on this matter. Carried Unanimously. UNFINISHED BUSINESS Report No. 349 - Parking Committee - Re: Deletion of Certain Sections of Sidewalks and the Completion of Remaining Services in Bambi Subdivision (M-58 and M-59). The amended report recommends the following: a) That the works itemized in the report that form part of the Subdivider's Agreement, be tendered immediately; b) That the sidewalks on the north, east and south side of Delta Drive and both sides of Glen Drive be deleted; c) That Council authorize staff to issue letters of clearance for the vacant lots; d) That a suitable agreement between the City and the Purchaser to evidence revisions to the requirements of the Subdivision Agreement as discussed in the report, be entered into. Mr. Claude Zorzetto expressed appreciation on behalf of residents of the Bambi Subdivision for the cooperation received in resolving difficulties. He advised of concern expressed at a recent meeting regarding an acoustic berm and requested that the problem be resolved internally prior to a decision being made en the report. The Chief Administrative Officer advised that during a recent contact with the Ministry of the Environment, information had been received that no decision was to be made concerning the earth berm~ which should meet the specifications of the Ministry ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the amended report be received and adopted· Carried Unanimously. COMMUNICATIONS No. 234 - Gambling/Gaming Monitoring Committee - Re: Dissolution of Committee. The communication advises that the effectiveness of the Committee is ended, the Committee is being dissolved, and the following recommendations made: a) 'That 3 members remain active to assist, in an advisory capacity, at the request of the Licencing Officer. Members of this Committee to be placed on a revolviug system to take their turn to serve on this group at their convenience. ? -4 - h) That an evaluation be made of the system of monitoring by the Commissionaires and the employees from the Treasury Department, at the conclusion of the three month trial period. Mrs. Florence Sandercock, Chairman of the Committee, advised Council that the: Committee has accomplished its objectives, and would continue to be available ~ in an advisory capacity if required. M Mayor Thomson expressed appreciation to the members of the Committee. ORDERED on the motion of Alderman 3anvary, seconded 6y Alderman Chessman, that the communication be received and the recommendations adopted, and further that letters of appreciation be forwarded to each member of the Gambling/ Gaming Monitoring Committee advising that continued support was anticipated. Carried Unanimously. No. 235 - Downtown Board of Management - Re: C.A.U.S.E. Endorsement. The communication advises of attempts to bring a Community Assist for an Urban Effort (C.A.U.S.E.) team to downtown Niagara Falls and requests the endorsation of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the C.A.U.S.E. program be endorsed. Carried Unanimously. No. 236 - Downtown Board of Management - Re: D.B.M. Appointments. The communication advises of the resignations of Ms. Lori D'Ascenso and Mr. Sam Flora! from the Board, the ineligibility of Mr. Joe Gualtieri through a transfer from the area, and requests the endorsation of Council for Mr. Michael Halle, Ms. Louanne Levesque and Mr. Mark McCombs, three nominees to the vacant positions. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the recommendation be approved. Carried Unanimously. See By-law No. 83-142. No. 237 - Downtown Board of Management - Re: Sidewalk Improvements - King Edward Hotel. The communication advises of interior and exterior renovation plans for the King Edward Hotel, and requests a financial contribution from the City for sidewalk improvements. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Kerrio, that the matter be referred to Staff for investigation and a report. Carried Unanimously. No. 238 - Canadians for a Clean Environment - Re: Exemption from rental rate for Arena for Waste Management Meeting. The coFmunication requests approval of City Council to waive the fee of $75.00 for the use of the Niagara Fails Arena, for a public meeting with the O.W.M.C. Mr. A101eksuik, Chairman, Canadian8 for~a Clean,.En~ironment, .. ~' advised Council that every effort had been made to advertise the public meeting held on June 23rd, 1983. Mayor Thomson advised that he had been unable to attend the meeting because of a previous commitment, and suggested that public meetings to discuss the proposed industrial waste disposal site by the O.W.M.C. be through co-ordinated efforts of all interested groups and citizens. ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrto, that the rental fee be waived. Carried Unanimously. No. 239 - Niagara Falls Ladies Fastball League - Re: Annual Tournament at Ker Park, AuguSt 5th to 7th, 1983. The communication requests a Special Occasion Permit for the event. ORDERED on the motion of Alderman Cummings, seconded by Alderman OFt, that the communication be received and the request approved. Carried Unanimously. '- ... ., ~ -:: .... ,"'. ' See Resolution No. 851- No. 240 - Niagara College - Re: "Shinerama Day", September 17th, 198~. The ~ommunication advises of the plans .for 8hlDerama Day a~.Niagar~-College:and..-. r~qu~sts~approval of a ProClamation .... · ORDERED on ~he motion of Alderman Cummings, seconded by Alderman Merrett, that the request be granted subject to established policy. Carried UnanimouS.17. - 5 - No. 241 - McDonald's - Re: "Make It Click Weeks" June 27th - July 10th, 1983. The communication advises that the Ministry of Transportation and Communication is sponsoring a campaign to encourage the use of seatbelts throughout the Province of Ontario, and requests Council to proclaim the period June 27th to July 10th, 1983, "Make It Click" weeks. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the request be granted subject to established policy. Carried Unanimously. No. 242 - Kinsmen Club of Niagara Falls - Re: "Cystic Fibrosis Week-end" July 8tb to July 10th, 1983. The communication advises that the Club would be hosting the "Circle for Life" marathon ride for Cystic Fibrosis, requests active support and participation of Council, and requests Council to proclaim the week-end of July 8th to July 10th, 1983, as Cystic Fibrosis Week-end. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be granted subject to established policy. Carried Unanimously. REPORT No. 350 - Chief Administrative Officer - Re: Stamford Centre Volunteer Firemen's Association Park Extension. The report recommends that Council approve the by-law appearing on this evening's agenda to amend the agreement with the Stamford Centre Volunteer Firemen's Association to include the City owned 42 acres and further, if this is approved, Mr. Len Driskell, Chairman of the Firemen's Park, wishes to address Council. Alderman Cummings declared a conflict of interest by reason of being a member of the organization. Mr. Len Driskell advised Council of former activities concerning the Stamford Centre Volunteer Firemen's Association Park Extension, the purchase of land from Ontario Hydro, and the lease agreement with the City in 1982. He expressed appreciation on behalf of the Association with respect to the assistance received from City staff, and Council. Mayor Thomson expressed congratulations on behalf of Council and the City and appreciation, for the efforts made by the Association. ORDERED on the motion of Alderman Janvary, seconded by Alderman Merrett, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and all others voting in fayour. See By-law No. 83-139. BY-LAW ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that leave be granted to introduce the following by-law, and the by-law be read a first time: No. 83-139 - A by-law to authorize the execution of an agreement with the Stamford Centre Volunteer Firemen's Association. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded under Report No. 350, and all others voting in fayour. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the following by-law be now read a second and third time: No. 83-139 - A by-law to authorize the execution of an agreement with the Stamford Centre Volunteer Firemen~s Association. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and all others voting in fayour. REPORT No. 351 - Chief Administrative Officer - Re: Preliminary Site Plan Approval Proposed 76 Unit Apartment Building, Drummond Read (east side, sodth of C.N. Railway). · 6 -6 - The report recommends that Council approve the preliminary site plan on display at tonight's meeting, being a proposed 76 unit apartment building and the site plan being dated June, 1983 and filed with the Buildings and Inspections Department of the City of Niagara Falls on 3uly 4, 1983, and that such approval be subject to the conditions in the report. ORDERED on the motion of Alderman Puttick, seconded by Alderman 0rr, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 243 - Provincial Secretary for Social Development - Re: Community Celebration - Grants. The communication advises that the City of Niagara Falls may be granted $10,000.00 to assist the municipality to participate in public celebrations of the Bicentennial in 1984. ORDERED on the motion of Alderman Chessman, seconded.by Alderman Cummings, that a Resolution be forwarded to the Province Ontario and the matter be referred to the Civic Committee. Carried Unanimously. See Resolution No. 86. No. 244 - Regional Niagara Public Works - Re: DEP 1920 - Water/Sewage Flows by Municipality, Monthly Report May 1983. The communication attaches Report DEP-1920. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the communication be received and filed. Carried Unanimously. No. 245 - Niagara Falls Collegiate Vocational Institute (N.F.C.V.I.) - Re: Appreciation to employees of Oakes Park and Ker Park. The communication expresses appreciation of the assistan ce given by City employees at Ker Park and Oakes Park during the past year. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that a copy of the letter be forwarded to the Parks and Recreation Departments, and posted on the Bulletin Board. Carried Unanimously. No. 246 - S. Ahluwahi - Re: Walkway - Harleyford Crescent. The communication advises of vandalism and litter resulting from the walkway at Harleyford Crescent. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Coville, that the communication be referred to Staff and to the Niagara Regional Police Department. Carried Unanimously. REPORTS No. 352 - City Clerk - Re: AM-20/82 - Restricted Area By-law No. 83-39, Peter Van Kleef. The report recommends that the date of~the Ontario Municipal Board hearing respecting the above By-law be noted and that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 353 - Chief Administrative Officer - Re: Request for Release, Pt. Lot 73, designated as Part 9 on Reference Plan 59R 3928 and Lots 89~ 90, 91, 92, 93, 94, 95 and 96, Registered Plan M-53, Charnwood Avenue. The report recommends that Council pass the by-law appearing on this agenda to authorize a release of Pt. Lot 73, designated as Part 9 on Reference Plan 59R 3928 and ' Lots 89, 90, 91, 92, 93, 94, 95, and 96, according to Registered Plan M-53 from the provisions of a subdivision agreement between the City and Ontario Housing Corporation dated September 3rd~ 1976 and registered as Instrument No. LT-4935. ORDERED on the motion of Alderman 0rr, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 83-140. No. 354 - Chief Administrative Officer - Re: Renewal of Lease - Provincial Court Facilities. The report recommends that Council authorize the Mayor and - 7 - Clerk to sign an offer to renew the lease on the Courthouse Building (formerly City Hall) for the year 1984 at an annual rental of $71,916.42. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 355 - Chief Administrative Officer - Re: Surplus Regional Property - McLeod Road and Stanley Avenue. The report recommends that the Public Works Department of the Regional Municipality of Niagara be advised that the City of Niagara Falls is not interested in purchasing two parcels of property near the intersection of Marineland Expressway (McLeod Road) and Stanley Avenue, and that the comments of our Planning Director be referred to the Region. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 356 - Recreation Commission - Re: Northwest Area Recreation Board Appointment. The report recommends that ~. Ken Heas lip be appointed to the Northwest Area Recreation Board. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 83-142. No. 357 - Municipal Works Committee - Re: Proposed Widening of Thorold Stone Road - Letter from M. Gualtieri, 6314 Thorold Stone Road. The report recommends that the information in the attached report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 358 - Municipal Works Committee - Re: Position of Leadhand Mechanic. The report recommends the following: 1) That the position of Leadhand Mechanic be created; 2) .That this position be posted for filling from within the City's present labour complement; 3) That the Executive Committee. of C.U.P.E. Local 133 be so advised; and 4) The position of Garage Foreman not be filled. ORDERED on.the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 359 - Municipal Works Committee - Compaction Tester. The report recommends that the Chief Administrative Officer be authorized to purchase a new nuclear moisture density gauge Model ~3411 from M & L Testing, at a cost of $7,618.40. ORDERED on the motion of Alderman Orr, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. See Resolution No. 87. No. 360 - Municipal Works Committee - Re: Concrete & Asphalt Excavation Material from the Morrison Street PrOject - AND - Progress Report on Application for New Certificate of Approva~- Mountain Road Sanitary Landfill Site. The report recommends that the reports be received and filed. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. -No. 361 - Municipal Works Committee - Re: Peninsula Chemical Analysis Limited - Application to M.O.E. for Waste Disposal Transfer Site. The report recommends that the Ministry of the Environment be advised that the City of Niagara Falls: 1) has no objection to - and - .2) does not request a hearing by the Environmental Assessment Board on the proposed waste disposal processing transfer site at Peninsula Chemical Analysis Limited. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 362 - Chief Administrative Officer - Re: Engineering Services for Appraisal of the Mewburn Road Bridge. The report recommends that the by-law appearing on Council's 83.07.04 agenda, which authorizes execution of the Engineering -8 - -9- Agreement for the structural investigation of the Mewburn Road Bridge, be approved. ORDERED on the motion of Alderman Merrett~ seconded by Alderman Hlnsperger, that the report be received and adopted. The motion Carrled with Alderman Cummings abstaining from the vote on a conflict of interest by reason of employment with Acres Consulting Services, and all others voting in favour. See By-law No. 83-138. No. 363 - Municipal Works Committee - Re: 1983 Equipment Purchases. The report recommends that staff be authorized to call tenders for the purchase of: 1) Two (2) one-man garbage packers equippsd with backup detection devices; 2) Two (2) diesel powered dump trucks complete and equipped with snow plow and wing harnesses to be removed from existing equipment, modified and installed by the equipment supplier; and 3) Four (4) pickup trucks equipped to operate on propane. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 364 - Chief Administrative Officer - Re: 1983 Capital Budget Project McRae Street Road Rehabilitation from Stanley Avenue to Victoria Avenue. The report recommends that it be approved and the necessary by-law be passed. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Keighan, that the report be received and adopted. Carried Unanimously. See By-law No. 83-141. No. 365 -Chief Administrative Officer - Re: Intersection Control. The report recommends that stop signs be erected at the following "T" intersections: 1) On Frontsnac Street, at its intersection with Allanthus Avenue; 2) On Sunnylea Crescent, at its intersection with Allanthus Avenue; 3) On St. Patrick Avenue, at its intersection with Riall ORDERED on the motion of Alderman Keighan, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. No. 366 - Chief Administrative Officer - Re: Parking on Second Avenue. The report recommends that parking be prohibited at all times from the easterly side of Second Avenue, from approximately 75' north of Stamford Street to 100' further north. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Culrmlings, that the report be received and adopted. Carried Unanimously. No. 367 - Chief Administrative Officer - Re: Site Plan A proval - Proposed Niagara Falls Hydro Service Centre & Office - at Pin Oak ~ive & Montgomery Street (north west corner). The report recommends that Council approve the plans on display at tonight's meeting for a proposed Service Centre and Office, the site plan being drawlng number 8170 Sheet No. 1 and the Site Plan and details being drawing number 8070 Sheet No. P1 of 2 and landscape plans being drawing number 8170 sheet Nos. L1, L2, L3, IA and L5 all dated May 1983, and prepared by Chapman Murray Associates and filed with the Buildings and Inspections Department of the City of Niagara Falls on June 30, 1983 and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the report he received and adopted. Carried Unanimously. No. 368 - Chief Administrative Officer - Re: Accounts Report. The report recommends payment of the municipal accounts. Additional information was requested on Cheques No. 18646, 18651, 18732, 18768, and 18813. Alderman Hinsperger declared a conflict of interest on Cheque No. 18649 by reason of employment with the company. Alderman Chessman declared a conflict of interest on Cheque No. 18712 by reason of employment with the School Board. ORDERED on the motion of Alderman Keighan, seconded by Alderman Kerrio, that a repor% be received from staff regarding controls on the purchase of haFdware. Carried Unanimously. j_ ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Aldermen Cheesman and Hinsperger abstaining from the vote on conflicts of interest previously recorded, and all others voting in favour. No. 369 - Chief Administrative Officer - Re: Fire Department Helmets. The report recommends that Council approve the quotation of $10,731 for 196 approved fire helmets from Safety Supply Canada, St. Catharines. The Fire Chief replied to questions raised regarding regulations and requirements specified, and costs. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 88. No. 3 70 - Chief Administrative Officer - Re: B.R.I.C. Application. The report recommends that Council approve the payment of $1,870.94 to Dana Smith, owner of the former Weaver house~ under the provisions of the B.R.I.C. program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanim6usly. No 371 - Mayor Wayne Thomson - Re: Pilot Project - Ministry of the Environment. The report advises that the Ontario Ministry of the Environment has chosen Niagara Falls as the site for testing advanced methods for the removal of toxic substances from drinking water, and recommends that Council forward resolutions of appreciation to the Ministry of the Environment, Hon. Keith Norton, Hon. Bob Welch, and Mr. John Campbell, Chairman of Regional Niagara, and to individuals and organizations who were instrumental in reaching the decision. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that the report be received and adopted, and further, that a resolution of appreciation be forwarded to Mr. Con Eidt, Regional Niagara. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that a letter of appreciation be forwarded to Mr. Con Eidt, Regional Niagara, for his efforts regarding the Portage Road bridge. Carried Unanimouslyt It was moved by Alderman Merrett, seconded by Alderman Chessman, that Council adjourn to Committee of the Whole. Carried Unanimously. MAYOR WAYNE THOMSON Committee Room #1 July 4, 1983 Council met on Monday, July 4th, 1983 at 10:55 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Somerville. Mayor Thomson presided as Chairman Following consideration of the item presented, the Committee of the Whole arose to report in open Council. B. G. SCOTT, DEPUTY CITY MAYOR WAYNE THOMSON · · 10 - 10 - - 11 - REGULAR MEETING Council Chambers July 4, 1983 Council reconvened in the Council Chambers on Monday, July 4th, 1983 at 11:05 p.m. following a meeting in Committee of the Whole. All members of Council were present with the exception of Alderman Somerville. His Worship, Mayor Thomson presided as Chairman. No. 83-138 No. 83-140 No. 83-141 - A by-law to authorize an agreement with Acres Consulting Services Limited in respect of the Mewburn Road Bridge over the CN Railway Tracks. - A by-law to authorize a release (Pt. Lot 73 being Pt. 9, Ref. Plan 59R 3928, & Lots 89 - 96, P1. M-53). - A by-law to authorize the construction of an asphalt overlay on McRae Street from Stanley Avenue to Victoria Avenue. CATHOLIC ASSOCIATION MADONNA ADDOLORATA OF CASTELPETROSO MOLISE LOTTERY LICENCE No. 83-142 - A by-law to amend By-law No. 82-295, as amended, providing for appointments to certain Boards, Commissions and Committees. Council was advised that the Catholic Association Madonna Addolorata of Caetelpetroso Molise was requesting approval of a lottery license to conduct a raffle on September 4, 1983. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that this matter be deferred. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Coville, Cunmnings, Hinsperger, Janvary, Keighan, Kerrio, Herrerr, and 0rr. NAYE:' Alderman Puttick. RESOLUTIONS No. 84 - KERRIO - CUMMINGS - RESOLVED that the Niagara Bowmen Archery Club be granted permission to conduct a beer concession in conjunction with their Federation Archery Contest on August 31st, 1983, at the outdoor range on the corner of 8herk Road and Willoughby Drive, subject to the approval of the Niagara Regional Police, the Niagara Falls Fire Department, the Niagara Regional Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 85 - CUMMINGS - ORR - RESOLVED that the Niagara Falls Ladies Fastball League be granted permission to conduct a beer concession in conjunction with their tournament on August 5th, 6th, and 7th, 1983, at Ker Park subject to the approval of the Niagara Regional Police, the Niagara Falls Fire Department, the Niagara Regional Nealth Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 86 - CHEESMAN - CUMMINGS - RESOLVED that the Councilt of the Corporation of the City of Niagara Falls hereby authorizes the City Clerk to apply to the Provincial Secretary for Social Development for a Provincial Grant in the amount of $10,000.00, such funds to be used for purposes in keeping with public celebrations for the Bicentennial of the Province of Ontario in 1984; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 87 - ORR - CHEESMAN - RESOLVED that the Chief Administrative Officer be authorized to purchase a new nuclear moisture density gauge Model d3411 from M & L Teetinge at a cost of $7,618.40; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. .BY-LAW8 ORDERED on the motion of Alderman Cheesman, seconded by Alderman Htnsperger, that leave be granted to introduce the following by-laws~ and the by-laws be read a first time: No. 83-135 '- A by-law to authorize the execution of an agreement with Niagara Pest Control Ltd. for rodent control services. 1 No. 83-143 - A by-law to provide monies for general purposes. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest on By-law No. 83-138 by reason of employment with the company; and Aldermen Chessman and Hinsperger abstaining on conflict of interest on No. 83-143, as previously recorded under Report No. 368; and all others voting in fayour. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Herrerr, that the following by-law be now read a second time: No. 83-141 - A by-law to authorize the construction of an asphalt overlay on McRae Street from Stanley Avenue to Victoria Avenue. Carried Unanimously.. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett, that the following by-laws be now read a second and third time: No. 83-135 - A by-law to authorize the execution of an agreement with Niagara Pest Control Ltd. for rodent control services. No. 83-138 - A by-law to authorize an agreement with Acres Consulting Services Limited in respect of the Mewburn Road Bridge over the CN Railway Tracks. No. 83-140 - A by-law to authorize a release. (Pt. Lot 73, being Pt. 9, Ref. Plan 59R 3928, & Lots 89 - 96, P1. M-53). No. 83-142 - A by-law to amend By-law No. 82-295, as amended, providing for appointments to certain Boards, Commissions and Committees. No. 83-143 - A by-law to provide monies for general purposes. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest on By-law No. 83-138 as previously recorded; and Aldermen Cheesman and Htnsperger abstaining from the vote on conflicts of interest on No. 83-143 as previously recorded; and all others voting in favour. NEW BUSINESS POPCORN MACHINE Alderman Puttick initiated a discussion regarding a popcorn machine which had been purchased some time ago, and for which payment has not been received. ORDERED on the motion of Alderman Merrett~ seconded by Alderman Janvary, that the matter be referred to staff for investigation. Carried Unanimously.~. BOARD OF EDUCATION - SALARY SCHEDULE Alderman Ketghan requested information regarding the salary schedules which had previously been requested from the Board of Education. It was recommended that a letter be forwarded to the Board concerning this matter. - 12 - PCBs & TOXIC CHEMIGALS Alderman Cummings referred to a request at a recent Council meeting for information concerning toxic chemical storage areas within the City of Niagara Falls. The matter will be investigated by staff and a report submitted to Council. MISS GARLA BELLON - RECOGNITION Alderman Coville referred to a recent action taken by Miss Bellon, an employee of the City, which had saved the life of a child at a local swimming pool. ORDERED on the motion of Alderman Coville, seconded by Alderman Cummings, that Carla Bellon receive recognition from the City. Carried Unanimously. CONDITION OF ROADS - FORMER CROWLAND TOWNSHIP TWENTY-NINTH MEETING REGULAR MEETING Council Chambers July 18, 1983 Council met on Monday July 18th, 1983, at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Orr, Puttick and Kerrio. His Worship, Mayor Thomson presided as Chairman and offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Merrett, that the minutes of the meeting held on July 4th, 1983, be adopted as printed. Carried Unanimously. DEPUTATION Alderman Coville discussed the condition of rural roads in the area of Crowland Township, which require dust control. ORDERED on the motion of Alderman Coville, seconded by Alderman Kerrio,-that the matter be referred to staff for investigation and report back to Council on July 18th, 1983. Carried Unanimously. It was moved by Alderman Cummings, seconded by Alderman Baker, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, B. G. SCOTT, DEPUTY CITY CLER, MAYOR WAYNE THOMSON MR. RALPH GRECO - PILING OF LUMBER ON LANEWAY Mr. Ralph Greco was granted permission to address Council on the motion of Alderman Chessman, seconded by Alderman Merrett, respecting the piling of lumber on a laneway, running between Bucklay Avenue and St. Lawrence Avenue, by the Farr Lumber Company. He stated that he had complained on several occasions that he was unable to use the complete laneway and felt that the City should compel Farr Lumber to keep the lane clear. Mr. Larry Farr, President of Farr Lumber, was granted permission to address Council on the motion of Alderman Hinsperger, seconded by Alderman Coyills. He informed Council that the same situation existed last year and that no complaints had been received from Mr. Greco. In answer to a question of Alderman Janvary, Mr. Farr stated that he could pile the lumber elsewhere, however, it would be close to the street, would use up part of the parking lot, and would probably create a dangerous situation. Mayor Thomson indicated that staff have tried on several occasions to resolve the problems. Several Aldermen expressed the opinion that while it might be inconvenient to pass through the laneway, they did not wish to antagonize the Company to the point that they might be forced to relocate. ORDERED on the mation of Alderman Chessman, seconded by Alderman Kefghan, that Council accept the undertaking that most of the lumber will be removed by the end of September and that the City staff and the staff of the B.I.G. Committee work with Mr. Farr in an attempt to resolve the problem. Carried Unanimously. UNFINISHED BUSINESS Report No. 330 - Chief Administrative Officer - Re: Proposed BMX Bicycle Track - J. Minnftf, Application AM-10/83, By-law Amendment and Official Plan Amendment No. 133; AND Report No. 372 - Chief Administrative Officer ~ Re: Proposed 0fficial Plan Amendment No. 133 and Zoning By-law amendment application AM-10/83; AND Communication No. 247 - Cyanamid Canada Inc. - Re: AM-i0/83, J. M. Mtnniti, Proposed BMX Bicycle Course Beechwood Road, South of McLeod Road. On the motion of Alderman Merrett, seconded by Alderman Cummings, Mr. J. P. Ofrenchuk of the North American Cyanamid Welland Plant, addressed Council and stated that he was sympathetic to the proposal of Mr. Minniti, howevers the property is adjacent to Cyanamid property and felt that there could be complaints if Cyanamid were to expand its facilities at some future date, In answer to a question raised by Alderman C~ingst Mr. Minniti stated that he would have no complaints if a sludSe ponds etc...s were constructed adjacent to his property. -2- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the by-law to provide for the adoption of Amendment No. 133 and the By-law to amend 79-200, and the By-law to designate Mr. Minnitivs land as a site plan control area, be passed. Motion Carried with the following vote: AYE: Aldermen CheSsman, Cummings, Hinsperger, Merrett, Coville, and Somerville. NAYE: Aldermen Keighan, Baker, and Janvary. See By-law No. 83-150. See By-law No. 83-151. See By-law No. 83-152. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the communication of Cyanamid Canada Inc., be received and filed. Carried Unanimously. Report No. 372(A) - Chief Administrative Officer - Re: Chippaws Home Hardware, Request to Remain Open on Sundays and Holidays. The report of the Chief Administrative Officer recommends that the request to remain open on Sundays and Holidays be denied. Mr. Thomas Saxton, owner of the Chippawa Home Hardware, stated that he had taken a survey in his store of 151 patrons and that 149 had signed in fayour of his store being open from 10:00 a.m. to 2:00 p.m. on Sundays and Holidays. He felt that his store should remain open because he does cater to the tourist trade. Mayor Thomson suggested that the request would have to be presented to the Council of the Regional Municipality of Niagara and he, along with some of the Aldermen, felt that the request would have no chance of being considered by the Region. Alderman Somerville felt that the request should be considered as the store eaters to the rural area, however, other Aldermen, while sympathizing with the applicant, felt that the City's request would not be considered. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Chessman, that the report be received and adopted, The motion Carried with the following vote: AYE: Aldermen Hinsperger, Chessman, Cummings, Keighan, Janvary, Merrett, and Coville. NAYE: Aldermen Somerville and Baker. ORDERED on the motion of Alderman Baker, seconded by Alderman Somerville, that staff investigate the possibility of adding additional areas to the tourist designated areas. The motion was Defeated with the following vote: AYE: Aldermen Baker and Somerville. NAYE: Aldermen Hinsperger, Chessman, Cummings, Keighan, Janvary, Merrett, and Coville. COMMUNICATIONS No. 247(A) - Dr-mmond Home Hardware - Re: Opening of Stores on Sundays and Holidays. The communication requests that Council not consider store openings on Sundays and Holidays. ORDERED on the motion of Alderman Keighan, seconded by Alderman. C-mmtngs, that the communication be received and filed and that a copy of the report be provided to the writer. Carried Unanimously. No. 248 - Toronto and District Square and Round Dance Association - Rag Square Dance Week in Canada. The communication requests that Council proclaim the week of September 12th to 17th, 1983, as Square Dance Week in Canada. ORDERED on the motion of Alderman Keighan, seconded by Alderman Chessman, that the request be granted subject to established policy. Carried Unsnimodsly. /_ -3- No. 249 - Ministry of Municipal Affairs and Housing - Re: Grant re: C.O.E.D. The communication advises Mayor Wayne Thomson that the City of Niagara Falls received $103,000.00 for its part in improving the local economic situation. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the cheque be referred to the Finance Committee to consider where it could best be used. Carried Unanimously. No. 250 - Greater Niagara General Hospital United Way Campaign Committee - Re: Mush Ball Tournament. The communication requests that Council waive the $600.00 rental fee for use of the Niagara South Arena for a Mush Ball Tournament to be held on August 27th, 1983. ORDERED on the motion of Alderman Keighan, seconded by Alderman Baker, that the request be referred to the Finance Committee to establish a definite policy respecting the cancellation of rental rates. Carried Unanimousl_Z. No. 251 - United Automobile Aerospace Agricultural Implement Workers of America (UAW) Local 199 - Re: Endorsation of Resolution. The communication requests that Council urge the Government of Canada to implement the recommendations of the Task Force on the Canadian Motor Vehicle and Automotive Parts Industry and support the development of a balanced motor vehicle and automotive parts manufacturing capability in Canada. Mr. G. Michaud, President of Local 199, U.A.W., was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Hinsperger. Mr. Michaud thanked Council for past support and requested that they endorse this resolution. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the resolution be endorsed. Carried Unanimously. No. 252 - City of Kitchener - Re: Endorsation of Resolution. The communication is requesting Council to approve of a similar resolution which was presented by the U.A.W., Local 199. ORDERED on the motion of Alderman Keighan, seconded by Alderman Baker, that the resolution be endorsed. Carried Unanimously. No. 253 - Unicef Ontario - Re: Donation of City's revenues from parking fines for one day. The communication requests that Council donate revenues from parking fines on the Monday before Halloween towards Unicef's work with children. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that in lieu of the request, that the City of Niagara Falls contribute the sum of $100.00 to Unicef Ontario. Carried Unanimously. No. 254 - Clerk of the Standing Committee on Procedural Affairs - Re: Inviting Submissions on Proposed Changes in Rules Dealing with Applications for Private Bills. The communication invites submissions on proposed changes in rules dealing with applications for Private Bills. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the communication be referred to staff for comments. Carried Unanimousl~. No. 255 - Main and Ferry Business Association - Re: 1983 Peach Queen Festival. The communication requests permission to block off Main Street on Saturday August 20th, 1983, for the 1983 Peach Queen Festival. ORDERED on the motion of Alderman Merretts seconded by Alderman Coyills, that the request be approved. Carried Unanimously. No. 256 - The Regional Municipality of Niagara - Re: Land Division Committee for The Regional Municipality of Niagara. The communication advises of the constitution and appointment of members of the Land Division Committee. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesmans that the commUnication be received and filed. Carried Unanimously. -4- No. 257 - Mr. and Mrs. Gerald Payson and Other Petitioners - Re: Removal of a Tree on City Property at 4768 St. Lawrence Avenue. The petition states various reasons why it is felt by the residents that a tree should be removed at 4768 St. Lawrence Avenue. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the request be referred to staff for comments. Carried Unanimously. No. 258 - Order of Sons of Italy of Ontario - Re: Request for Special Occasion Permit. The communication advises that the Order of Sons of Italy of Ontario request a special occasion permit for their annual community festival picnic to be held at their lodge grounds at Kalar and Montrose Roads on August 14th, 1983. ORDERED on the motion of Alderman Keighan, seconded by Alderman Cummings, that the request be approved subject to approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing. Board of Ontario. Carried Unanimously. See Resolution No. 88. No. 259 - Pistols Baseball Club - Re: Request for Special Occasion Permit. The communicaton requests a special occasion permit for a slo-pitch tournament to be operated by the Pistols Baseball Club at the Niagara Sports Centre on Montrose Road, August llth - 14th, 1983. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. See Resolution No. 89. No. 260 - The Regional Municipality of Niagara - Re: Municipal "Artists Contest". The communication advises that the Mayor of the Town of Lincoln is challenging the other eleven Mayors in Regional Niagara to establish an "Artists Contest" in their municipality. The contest would produce a picture that captures the natural beauty of each municipality and would be displayed at the Regional Niagara Headquarters. At the request of Mayor Thomson, the following motion was made: ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the request be referred to the Niagara District Art Association and that an advertisement be printed in the local paper and also be referred to the Civic Committee where perhaps a financial reward could be decided on for the winning contestant. Carried Unanimously. (Alderman Paisley Janvary suggested that this contest would fit in with plans for the Bicentennial Celebrations in 1984.) No. 261 - Haldimand Deanery of C.W.L. - Re: Prostitution. The communication outlines its support for City Council in its fights against the prostitution problem in Niagara Falls. ~ ORDERED on the motion of Alderman Cummings, seconded by Alderman Minsperger, that the C.W.L. be thanked for its support and that the communication be received and filed. Carried Unanimously. No. 262 - Project Trillium - Re: Proclamation. The communication requests that Council proclaim the week of August 7th - 13th, 1983, ssProJect Trillium Week in Niagara Falls. ORDERED on the motion of Alderman Keighan, seconded by Alderman C-mmings, that the request be granted subject to established policy. Carried Unanimously. No. 263 - Niagara Muscular Dystrophy Association - Re: Participation in the Annual Talethou. The communication invites members of Council to participate in the annual talethou to take place on September 4th'and 5th, 1983. Alderman Janvary stated that since she had been on the special Committee for the handicapped, she had become very concerned for persons with special needs and indicatad that not one or two bet that several members of Council would volunteer their services for a while during the talethou. J_ 5 ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that interested persons participate and that the communication be received and filed. Carried Unanimously. ORDERED on the motion of Alderman Merrett, seconded by Alderman Keighan, that Alderman Janvary contact members of Council at a later date and co-ordinate their services during the telethon. Carried Unanimously. REPORTS No. 373 - Chief Administrative Officer - Re: Overview of New Planning Act. The report outlines an overview and highlights of the new Planning Act. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be tabled for two weeks in order to give members of Council an opportunity to absorb its contents. Carried Unanimously. No. 374 - Chief Administrative Officer - Re: New Planning Act - Required Procedures for Processing Planning Applications. The report outlines the required procedures for processing planning applications. Alderman Keighan pointed out that the report was recommending that the entire Council comprise the new Planning Committee. The Mayor and several members of Council indicated that eight members of Council now constituted the Committee and it might prove onerous for the balance of Council to have to accept new Committees at this time. The Chief Administrative Officer stated that the City Solicitor's Office was in favour of having the entire Council appointed as Planning Committee members, partly for legal reasons under the Statutory Powers Procedure. Following further discussion, it was ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. The motion Carried with the following vote: AYE -' Aldermen Chessman, Cummings~ Hinsperger, Keighan, Baker, Janvary, Coville, and Somerville. NAYE: Alderman Merrett. No. 375 - Chief Administrative Officer - Re: Fees for Zoning By-law and Official Plan Applications. The report recommends that the fees for Zoning By-law and Official Plan Amendments remain at $350.00 each and a fee of $100.00 for the processing of a Plan of Subdivision. ORDERED on the metion of Alderman C-mminas, seconded by Alderman Hinsperger, that the report be received and adopted. Carried UnanimousiX. No. 376 - Chief Administrative Officer - Re: Changes for Committee of Adjustment under the new Planning Act, 1983. The report outlines changes for the Committee of Adjustment under the provisions of the new Planning Act and recommends that by-laws be prepared to retain the present application fee of $75.00 and to appoint the:present members to the new Committee of Adjustment. It was indicated that the new Planning Act would provide that members of Council or staff could now be appointed to the Committee. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted and that the present Committee be reappointed under the provisions of the new Planning Act until the end of 1983. Carried Unanimously. No. 377 - Chief Administrative Officer - Re: Zoning Amendment AM-9/83, Colonial Inn. The report recommends that a zoning by-law amendment be approved to permit a new six storey building to be constructed and Joined to the existing three storey building at the north-west corner of Victoria Avenue and Walnut Street and that the entire project be considered a hotel. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighans that the report be received and adopted. Carried Unanimously. See By-law No. 83-153. -6- No. 378 - Chief Administrative Officer - Re: Request to Close Walkway 13(5), Block 40, Plan M-97, North from Woodgate Street. The report indicates that Mr. Brian Sinclair, Solicitor, and his client, be informed that at this stage, Council can only express its intent to proceed with the closings but cannot guarantee the eventual closing. Mr. Collinson, Chief Administrative Officer, indicated that he had spoken to Mr. Sinclair and requested that he construct buildings so as not to interfere with the walkway in case it is determined at a future date that it cannot be closed. ORDERED on the motion of Aldermen Cummings, seconded by Aldermen Somerville, that the report be received and adopted. Carried Unanimously. No. 379 - Chief Administrative Officer - Re: Six Month Report on Residential Development. The report is a six month report on residential development. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. No. 380 - Chief Administrative Officer - Re: Site Plan Approval, Proposed 19 Town Rouse Units and 32 Apartment Units, Kalar Road (Falls Place). The report recommends Site Plan approval for a proposed nineteen unit town house and thirty-two unit apartment projects east side of Kalar Road, north of Coventry Road. In answer to a question, the applicant indicated that this project was a form of home ownership and considered as a condominium for tax purposes. ORDERED on the motion of Aldermen Cummings, seconded by Aldermen Minsperger, that the report be received and adopted. Carried Unanimously. No. 381 - Chief Administrative Officer - Re: Site Plan Approval, Proposed Chippaws Lion's Club Park and Community Centre, Welland Street, Oltver Street, Gunning Drive and Beating Avenue. The report requests Site Plan approval on proposed Chippaws Lion's Club Community Centre. Mrs. Detenbeek, a resident of the area, questioned the height of the building now being appoximstely twenty feet at its peak, when the original plan called for a flat roof, fourteen feet in height. Mr. Coilin.on, Chief Administrative Officer, stated that the box type structure did not blend in with the type of homes in the area. Re indicated that it was more attractive to have the peak roof, as do most of the homes in the area. Mr. Detenbeck felt that there may be parking problems and hoped to see the parking lot asphalted with white metkings. Mr. Francis Balogh of the Lion's Club stated that th~s was in the future plan for the Club. ORDERED on the motion of Aldermen Merrett, seconded by Alderman Cummings, that the report be received and adopted. Motion Carried with Aidenan Ninsperger abstaining on a conflict of interest by virtue of being a member of the Club and Alderman Somerville abstaining on a conflict of interest by virtue of having brothers as members of the Club, all others voting in faYour. No. 382 - Chief Administrative Officer - Re: Buildings and Inspections Department Report for June 1983. The report outlines various permit~ issued during the month of June. ORDERED on the motion of Alderman C-mmtngs, seconded by Alderman Coyills, that the report be received and filed. Carried Unanimously. No. 383 - Chief Administrative Officer - Re: Whirlpool Road Bridge over H.E.P.C. Canal - Exchange of Lands/Right-of-Way with Ontario Hydro. The report recommends that the necessary steps be undertaken to provide for an exchange of lands and right-of-way with Ontario Rydro for the proposed bridge. In reply to a question by Alderman Cheesmmn, Mr. Collinson, Chief Administrative Officers indicated that the Mayor's Office had again J_ -7- approached Ontario Hydro for assistance. They stated they would provide steel for the construction of a bailey bridge, providing that we return the steel to them when the bridge was dismantled. Mr. Collinson said Ontario Myrdo had been advised that this was not satisfactory to the City, and also that letters had been sent to the Premier of the Province and the Interim Chairmen of Ontario Rydro, advising of the City's dissatisfaction. Mayor Thomson informed members of Council that a meeting was scheduled for Wednesday July 20th, 1983, with Ontario Hydro Officials. Aldermen Cummings suggested that when the tender is prepared that perhaps a design, such as that on Morrison Street, could be indicated. felt that it might he less costly by capping the bridge because of the availability of fill, stone, etc... Mr. Collinson indicated that tenders were being given out at the present time and in reply to a question, Mr. H. A. Lamb, Traffic and Construction Engineer, stated that he was not sure of the type of design proposed but that it had been done by Delcan. ORDERED on the motion of Alderman Cummings, seconded by Alderman Rinsperger, that the report be received and adopted. Carried Unanimously. No. 384 - Chief Administrative Officer - Re: Pipe Crossing Agreement with C.N.R- for the Installation of a 60" Diameter Storm Sewer on the N.S. & T. Right-of-Way. The report recommends that a by-law appearing later on the ageads be given the necessary readings to authorize the execution of the agreement. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Chessmen, that the report be received and adopted. Motion Carried with Alderman Cummings abstaining on a conflict of interest as the N.S. & T. is adjacent to his rear yard, all others voting in favour. See By-law No. 83-157. No. 385 - Chief Administrative Officer - Re: Construction of Fruitbelt Parkway. The report recommends that Fruitbelt Trucking Inc. be given a one year extension to construct Fruitbelt Parkway subject to the following: 1. That no building permits be issued north of the limit of the road construction; 2. That Fruitbelt Trucking Inc. be responsible for any dust problems that may arise, particularly on that section of Fruitbelt Parkway near Stanley Avenue; 3. That Fruitbelt Trucking Inc. provide the City of Niagara Falls the appropriate Letter of Credit, and staff be authorized to enter into an appropriate agreement. ORDERED on the motion of Alderman Cheesman, seconded by Aldermen Rinsperger, that the report be received and adopted. Carried Unanimously. No. 386 - Chief Administrative Officer - Re: 1983 Hot Mix Asphalt Overlays and Base Road Repairs, Contract No. A.C. 15-83. The report recommends that Northland Bitulithic Ltd. be awarded the contract at the tendered amount of $187,504.03. ORDERED on the motion of Alderman Keighans seconded by Alderman Binsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 90. gee By-law No. 83-154. No. 387 - Chief Administrative Officer - Re: Base Asphalt Construction in Drummond Park Village Stage I, and Falls Industrial Park Extension Stage II, and Surface Asphalt Construction on Bruce Avenue - Contract No. R.C. 16-83. The report recommends that the above tender be awarded to Northland Bitulithic Ltd., at the tendered amount of $53,015.20. ORDERED on the motion of Alderman Baker, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. See Resolution No. 91. See By-law No. 83-155. No. 388 - Municipal Parking & Traffic Committee - Re: Overtime Meter Offenses. The report recommends that the voluntary payment by-law be -8- amended to provide that the payment for overtime meter offenses be increased from $2.00 to $3.00. Alderman Herrerr stated that the parking fund was low and that there had been no increase in fees for the past few years. In reply to a question raised by Alderman Cummings, respecting the cost of elimination of meters, Alderman Merrett outlined the problems of free parking, employees using parking spaces and the need of income for Commissionaires who have other duties such as security, etc...s and to cover the cost of snow removal from parking lots. ORDERED on the motion of Alderman Merrett, seconded by Alderman Coyills, that the report be received and adopted. Motion Carried with Alderman Cummings voting contrary, all others votin~ in fayour. No. 389 - Municipal Parking & Traffic Committee - Re: Sylvia Place Parking Lot. The report recommends that a by-law be prepared to allow the placement of eight parking meters at the extreme south end of the Sylvia Place parking lot to operate from 8:00 a.m. to 6:00 p.m., Monday through Friday inclusive, with a one-hour maximum parking time. ORDERED on the motion of Alderman Merrett, seconded by Alderman Coville, that the report be referred back to the Parking & Traffic Committee to be again considered in conjunction with the Main and Ferry Business Association and any business that might he affected. Carried Unanimously. No. 390 - Municipal Parking & Traffic Committee - Re: Lundy's Lane Parking Lot. The report recommends that four spaces on the Lundy's Lane parking lot be metered. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. Motion Carried with Alderman C,,mmtngs voting contrary, all others voting in favour. No. 391 - Municipal Parking & Traffic Committee - Re: Bridge Street & River Road, Froposed Improvements. The report recommends that the Region be requested to resolve this outstanding issue as soon as possible. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 392 - Chief Administrative Officer - Re: King Edward Hotel. The report recommends that: the by-law authorizing an agreement to allow the construction of planters on City road allowance appearing later on the ageads be passed; and 2. the City pay to the Contractor, upon completion to the satisfaction of the Chief Administrative Officer, an amount of $4,00~.00 toward the total cost of the planter boxes. ORDERED on the motion of Alderman Chessman, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. See By-law No. 83-156. No. 392(A) - Chief Administrative Officer - Re: First Avenue & Huron 8treat, The report recommends that the oversized stop signs be placed on both approaches of First Avenue at Huron Street in an attempt to eliminate collisions. ORDERED on the motion of Alderman Cummin8s, seconded by Alderman Hinsperger, that the recommendation be adopted and that a copy of the report be sent to the resident who suggested some improvements. Carried Unanimously. No. 393 - Chief Administrative Officer - Re: Road Improvements on Crowland Avenue Between Schisler Road & Ridge Road. The report recommends that: granular material be purchased and placed on Crowland Avenu~ from Ridge Road to Yokom Road from surplus funds in the 1983 stone resurfa~i,n$ budget; -9- consideration be given to placing funds in the 1983 operating budget to complete the work described in this report on Crowland Avenue from Ridge Road to Schisler Road or a portion thereof; and staff investigate the feasibility of developing a program beyond 1984 for the purpose of repairing existing surface treated roads which are slowly deteriorating due to inadequate bases and the feasibility of elevating certain granular curface roadway to surface treated roadway status. Alderman Coville pointed out that in recommendation no. 2, reference was made to 1983 operating budget. She asked that this be changed to 1984 operating budget. ORDERED on the motion of Alderman Coville, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 394 - Finance Committee - Re: Finance Committee Reports. 1) Status of taxes by May 31st, 1983. 2) Assessment Review Court Decision, indicating that the Assessment Review Court had decreased the assessment of Ohio Brass by 60,335 and Chesbar Resources Inc. by 115,100. The report indicates that the adjustments are in order and there is no basis for further appeals. 3) Tax Grant to Elderly Homeowners, outlining provisions for a grant of $100.00 by the City and a Provincial grant of up to $500.00 for homeowners 65 of age and older. 4) Requesting Financial Participation, (a) Niagara South Board of Education Bilingual Exchange Program (b) Ontario Municipal Management Board (c) Welland Evening Tribune (d) Lambton County Tornado Relief Fund ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that items 1, 2, and 3, be received and filed and that the City not participate financially regarding item 4 (a), (b), (c), and (d). Carried Unanimously. No. 395 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends payment of accounts amounting to $1,292,947.08 for the two week period ending July 18th, 1983. Alderman Hinsperger declared a conflict of interest on Cheques numbered 18858 and 18998 as an employee of Bell Telephone and also 18871 as he is a member of the Chippawn Lion's Club. Alderman C,mmings declared a conflict of interest on Cheque number 18995 as he is employed by H. G. Acres. Aldermen Cheesman declared a conflict of interest on Cheque number 18930 as his wife is employed by the Library Board. Aldermen Janvary declared a conflict of interest on Cheques numbersred 18853 and 18992 as the streets on which construction is taking place are located close to her husbands place of business. 3_ In answer to a question of Alderman Cummings respecting Cheque number 18990, for going across and watering plants for the month of June at River Road and Queen Street, Mr. Collinson, Chief Administrative Officer, advised that hewould investigate the suggestion that a City employee do this work. ORDERED on the motion of Alderman Somerville, seconded by Alderman Cummings, that the report be received and adopted· The motion Carried with Aldermen Hinsperger, Cvmmings, Chessman, and Janvary abstaining from the vote on conflicts of interest previously recorded~,a11 others voting in fayour. See By-law No. 83-158. No. 395(A) - Chief Administrative Officer - Re| By-law for Prohibiting the Obstructing, Encumbering, Injuring or Fouling of Highways or Bridges. The report recommends that a by-law appearing later on the ageads be passed. It repeals By-law 75-51 which did not include certain types of obstructions which municipalities are authorized to prohibit. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Hinspergers that the report be received and adopted· Carried Unanimously. See By-law No. 83-146. - 10 - No. 396 - Chief Administrative Officer - Re: Organization Charts and Appointment By-laws. The report recommends that new organization charts be received and filed and that Council pass three by-laws appearing later on the agenda to appoint Law Enforcement Officers, Building Inspectors and to change the designations of certain department heads. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 83-147. See By-law No. 83-148. See By-law No. 83-149. No. 397 - Mayor Wayne Thomson - Re: Future Disposition of Pyramid Place. The report advises Council that Famous Players Realty Ltd. is willing to share the cost of a feasibility study of the Province on a 50-50 basis, provided that their share of the cost does not exceed $20,000.00. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the report be received and filed. Carried Unanimously. No. 398 - Chief Administrative Officer - Re: 1983 Dust Laying Program. The report recommends that NorJohn Contracting Ltd. be engaged to supply and apply MTC prime to the surface of various roadways at $0.399 per litre. Alderman Somerville requested that application be made on Willoughby Drive at Willick Road as the dust condition is bad in this area and a gentleman who live in the area is quite ill. Alderman Coville suggested that before the application is made, that grading of the road should be done. ORDERED on the motion of Alderman theeamen, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. 94. RESOLUTIONS No. 88 - KEIGHAN - CUMMINGS - RESOLVED that the Order of Sons of Italy of Ontario be granted permission to conduct a beer concession in conjunction with their annual community festival picnic on August 14th, 1983, at their lodge grounds at Kalar and Montrose Roads, subject to the approval of the Niagara Regional Police, the Niagara Falls Fire Department, the Niagara Regional Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 89 - CUMMINGS - HINSPERGER - RESOLVED that Pistols Baseball Club be granted permission to conduct a beer concession in coninAction with their slo-pitch tournament to be held from August 11th - 14th, 1983, at the Niagara Sports Centre on Montrose Road, subject to the approval of the Nia8ara Regional Police, the Niagara Falls Fire Department, the Niagara Regional Health Unit and the Liquor Licensing Board of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 90 - KEIGHAN - HINSPERGER - RESOLVED that the unit prices submitted by Northland Bitulithie Ltd. for 1983 Hot Mix Asphalt Overlays and Base Road Repairs, Contract No. A.C. 15-83, be accepted at the low tendered price of $187,504.03; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 91 - BAKER - COVILLB - RESOLVED that the unit prices submitted by ,Northland Bitulithic Ltd. for Base Asphalt Construction in Drummond Park Village Stage I, and Falls Industrial Park Extension Sta8e II, and Surface Asphalt Construction on Bruce Avenue - Contract No. R.C. 16-83, be accepted at the low tendered price of $53s013.20; AND the Seal of the Corporation be hereto aff~xe.d, Carried Unanimously. No. 92 - KEIGHAN - JANVARY - RESOLVED that a message of condolence be forwarded to the family of the late Mr. Vincent Johns, a former Alderman and Niagara Falls Hydro Commission Member, and respected resident of the municipality; ~ the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 93 - CUMMINGS - HINSPERGER - RESOLVED that a message of condolence be forwarded to the family of the late Mr. Eugenio Mazzei, father of Frank Mazzei who is employed in the Engineering Department; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 94 - CHEESMAN - CUMMINGS - RESOLVED that the unit price submitted by NorJohn Contracting Ltd. for applying MTC prime to the surface of various roadways be accepted at the price of $0.399 per litre; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws and the by-laws be read a first time: No. 83-144 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Second Avenue) No. 83-145 - A By-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. (Frontenac Street, Sunnylea Crescent, St. Patrick Avenue) No. 83-146 - A By-law for prohibiting the obstructing, encumbering, injuring or fouling of highways or bridges. No. 83-147 - A By-law to p.rovide for the appointment of Municipal Officials. No. 83-148 - A By-law to appoint a chief building official and inspectors under the Building Code Act. No. 83-149 - A By-law to appoint municipal law enforcement officers. No. 83-150 - A By-law to provide for the adoption of Amendment No. 133 to the Official Plan (BMX Bicycle Track, J. Minniti, West side of Beechwood Road). No. 83-151 - A By-law to amend By-law No. 79-200, as amended. (AM-10/83, J. Minniti) No. 83-152 - A By-law to designate an area of land in the City of Niagara Falls as a site plan control area. (J. Minniti, Pt. Twp. Lot 183, west side Beechwood Road) No. 83-153 - A By-law to amend By-law No. 79-200, as amended. (AM-9/83, DiCienzo, Colonial Inn) No. 83-154 - A By-law to authorize the execution of an agreement with Northland Bitulithic Limited for the 1983 hot mix asphalt overlays and road base repairs. No. 83-155 - A By-law to authorize the execution of an agreement with Norhtland Bitulithic Limited for base asphalt in Drummond Park Village Stage I and Falls Industrial Park Extension Stage II as well as surface asphalt on Bruce Avenue. No. 83-156 - A By-law to allow the placing on Queen Street and Zimmerman Avenue of planter boxes and an agreement with Equitas Investment Corporation. No. 83-157 - A By-law to authorize the execution of an agreement with Canadian National Railway Company. No, 83-158 - A By-law to provide monies for Senoral purposes. The motion Carried with Aldermen Keighan, Baker, Janvary, and Coville, voting contrary to By-law Numbers 83-150, 83-151, and 83-152, Alderman Cummings abstaining from the vote on a conflict of interest on By-law No. 83-157 as previously recorded; and Aldermen Hinsperger, C,,mmtngs, Chessman, and Janvary abstaining from the vote on conflicts of interest on By-law No. 83-158 as previously recorded, all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 83-144 - A By-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Second Avenue) No. 83-145 - A By-law to ~amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. (Frontsnat Street, Sunnylea Crescent, St. Patrick Avenue) No. 83-146 - A By-law for prohibiting the obstructing, encumbering, injuring or fouling of highways or bridges. No. 83-147 - A By-law to provide for the appointment of Municipal Officials. No. 83-148 - A By-law to appoint a chief building official and inspectors under the Building Code Act. No. 83-149 - A By-law to appoint municipal law enforcement officers. No. 83-150 A By-law to provide for the adoption of Amendment No. 133 to the Official Plan (BMX Bicycle Track, J. Mlnniti, west side of Beechwood Road). No. 83-151 - A By-law to amend By-law No. 79-200, as amended. (AM-10/83, J. Minniti) No. 83-152 - A By-law Falls as Lot 183, to designate an area of land in the City of Niagara a site plan control area. (J. Minniti, Pt. T~p. west side Beechwood Road) No. 83-153 - A By-law to amend By-law No. 79-200, as amended. (AM-9/83, DiCienzo, Colonial Inn) No. 83-154 - A By-law to authorize the execution of an agreement with Northland Bitulithic Limited for the 1983 hot mix asphalt overlays and road base repairs. No. 83-155 - Park Village Stage I and Falls Industrial Park Extension Stage II as well as surface asphalt on Bruce Avenue. No. 83-156 - A By-law to allow the placing on Queen Street and Ztmmerman Avenue of planter boxes and an agreement with Equttas Investment Corporation. No. 83-157 - A By-law to authorize the execution of an agreement with Canadian National Railway Company. No. 83-158 - A By-law to provide monies for general purposes. The motion Carried with Aldermen Ketghan, Baker, Janvary, and Coville, voting contrary to By-law Numbers 83-150, 83-151, and 83-152, Alderman Cummings abstaining from the vote on a conflict of interest on By-law No..83-157 as previously recorded; and Aldermen Minsperger, Cummings, Cheesman, and Janvary abstaining from the vote on conflicts of interest on By-law No. 83-158 as previously recorded, all others voting in fayour. F - 13 - NEW BUSINESS MUSICAL CONCERTS - CUMMINGTON SQUARE ORDERED on the motion of Alderman Hlnsperger, seconded by Alderman Cummings, that the organizations conducting musical concerts in Cummington Square, because of the loud amplifiers, be advised that either they cease using the amplifiers, or their permits will be rescinded. Carried Unanimously. COMMITTEE OF DOWNTOWN BUSINESS PERSONS Alderman Cummings commented on the new Committee of Downtown business persons to deal with the problem of prostitution. He indicated that Mayor Thomson had spent much time over the past years trying to get the Federal Government to enact legislation which would prohibit soliciting in the downtown area. He suggested that the Mayor not take the negative comments too seriously. Mayor Thomson stated that he was disappointed that this newly formed group did not become involved sooner. TODD BRIGHT AND JAMIE KIDDER ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that Todd Bright and Jamie Kidder, who rescued a family when their boat became stalled in the Upper River, should be given immediate recognition by City Council, commending them for their heroic act and that formal recognition be given to the boys at a later date. Carried Unanimously, Alderman Cummings suggested that Council remember this episode during budget discussions next year and that no thought be entertained on withdrawing the service of the St. JohnAmbulance Rescue Boat. SLO-PITCH TOURNAMENT Alderman Merrett inquired as to whether figures were available respecting the slo-pitch tournament held some time ago. Mr. Collinson, Chief Administrative Officer, indicated that he would have the information for Council in the near future. STATUS OF LINE PAINTING ON ROADS Alderman Merrett inquired as to the suatus of the line painting on the roads which was complained about by Mayor Thomson a few weeks ago. Mr. B. A. Woodgate, Maintenance & Operations Engineer, stated that the contractor had not been paid for the work and that he would be preparing a report for consideration at the next Municipal Works Committee meeting. ****** It was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the meeting adjourn. Carried Unanimously. READ AND ADOPTED, F THIRTIETH MEETING Committee iRoom #1 August 2, 1983 Council met on Tuesday, August 2nd, 1983 at 7:00 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Chessman, Kerrio, Merrett, and Somerville. Alderman Keighan presided as Chairman. Following consideration of the items presented the Committee of the Whole arose without reporting. MAYOR WAYNE THOMSON Council Chambers August 2, 1983 Council met on Tuesday, August 2nd, 1983 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Chessman, Kerrio, Merrett and Somerville. His Worship, Mayor Thomson presided as Chairman. Alderman Puttick offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that the amended minutes of the meeting held July 18th, 1983, be adopted as printed. Carried Unanimously. PRESENTATIONS MR. WILLIAM SMITH - 25 YEAR PLAQUE His Worship Mayor Thomson discussed the policy of Council to recognize employees who have served the City for 25 years. A 25 Year Plaque will be presented to Mr. William Smith, who was not present. Mr. Smith commenced employment in the Engineering Department of the former Township of Stamford in 1958. He was subsequently transferred to Public Works and became a versatile Equipment Operator. Mr. Smith is presently in the highest level of Equipment Operators. MR. NELSON HARE - 25 YEAR PLAQUE His Worship Mayor Thomson advised that a 25 Year Plaque would be presented to Mr. Nelson Hare who was employed in the Engineering Department of the former Township of Slamford in 1958 upon graduation from High School. Mr. Hare has progressed through the various levels in the department and is now a design draftsperson Grade 2. Mr. Hare was not present at the meeting· MRS. MILDRED BROOKS - 25 YEAR PLAQUE His Worship Mayor Thomson presented a 25 Year Plaque to Mrs. Mildred Brooks who commenced employment with the City in 1958 in the Payroll Section of the Treasury Department. Mrs. Brooks has been involved in this work for the entire 25 years of her career with the City. MR. HAROLD WATSON - RETIREMENT His Worship Mayor Thomson presented a retirement watch to Mr. Harold Watson who commenced employment in the Treasurer's office in the former Township of Stamford on April 1, 1957. He was appointed Supervisor of the Water Department office in February 1968, a position he held on his retirement on July 31st, 1983. -2- MR. GEORGE COWLISHAW - RETIREMENT His Worship Mayor Thomson presented a retirement watch to Mr. George Cowlishaw who had commenced employment with the City of Niagara Falls on January 31st, 1957 as a motor vehicle mechanic. He was promoted to Garage Foreman and retained the position until his retirement on July 31st, 1983. MR. AUGUSTINO PANETTA - RETIREMENT His Worship Mayor Thomson presented a retirement watch to Mr. Augus~ino Panerrs. Mr. Panetta began employment with the City on April 8th, 1968 and had been employed in the Sanitation Department for the 15 years he had worked for the City~ until his retirement on July 31st, 1983. MR. GLEN STEWART - RETIREMENT His Worship Mayor Thomson presented Mr. Glen Stewart with a retirement watch. Mr. Stewart commenced employment with the former Township of Stamford on July llth, 1956 in the Public Works Department. Since amalgamation, he had been employed in the Sanitation Department and had a total service of 27 years upon his retirement on July 31st, 1983. MESSRS. JOHN MARSH, PETER QUINLAN, & JOE CAMISA - HEROISM PLAQUES His Worship Mayor Thomson presented Heroism Plaques on behalf of the City of Niagara Falls to John Marsh, Peter Quinlan and Joe Camisa, employees of Canadian Niagara Power Company. On May 30th, 1983, the three gentlemen had rescued Sherry Vyverbrig of Boches ter, New York from the Niagara Riwer. MS. KATHY BATSTRA & MS. ANGIE IUDICIANI - HEROISM PLAQUES His Worship Mayor Thomson presented Heroism Plaques, on behalf of the Municipality, to Ms. Kathy Batstra and Ms. Angle Iudiciani, who had been credited by hospital staff with saving the life of a 5 week old baby who had stopped breathing while being bathed on June 2nd, 1983. DAVE BOWMAN - HEROISM PLAQUE His Worship MAyor Thomson presented Mr. Dave Bowman with a Heroism Plaque on behalf of the City of Niagara Falls. On June 16th, 1983~ Mr. Bowman had saved Richard Hunt from the Niagara River. MISS CARLA BELLON - HEROISM PLAQUE His Worship Mayor Thomson presented Miss Carla Bellgn with a Heroism Plaque on behalf of the Municipality. On June 21st, 1983, Miss Bellon had used life- saving techniques to revive a 6 year old boy, Jocelyn Corner of Illinois, who had been pulled from the swimming pool at Michael'e Inn. MR. TODD BRIGHT & MR. JAMIE KIDDER - HEROISM PLAQUES His Worship Mayor Thomson presented Mr. Todd Bright and Mr. 3~,lie Kidder with Heroism Plaques on behalf of the City of Niagara Falls. On July 17th, 1983 Mr. Bright and Mr. Kidder of the St. John Ambulance Water Patrol, rescued 5 Americans from the "point of no returnu above the Horseshoe Falls of the Niagara River. DEPUTATION MR. WILLIAM MacRAY - BADEN POWELL PARK DEVELOPMENT - AND - REPORT OF RECREATION COMMISSION Report No. 399 - Recreation Commission - Re: Baden Powell Park Development. The report recommends that Council approve, in principle, the proposed development of Baden Powell Park as presented by the Niagara Falls Youth Soccer Association, and further~ that the approval be contingent upon the preparation 1 -3 - of an acceptable agreement with the City for the use of the Park and that the Flying Club presently at []aden Powell Park be accommodated. The Deputy Recreation Director discussed facilities required by the Flying Club and the need for further information concerning the current and alternate locations for the Club, including costs. Alderman Cummings stated that the Club would not be without a facility. Mr. William b~cKay addressed Council as a representative of the Niagara Youth Soccer Club. He discussed statistical information regarding the players, practice and playing areas, and the increased program. Mr. MacKay demonstrated the proposed plans of the Soccer Club via an overhead projector, explaining the consideration given to the Flying Club, concerns of residents, as well as picnic and playground facilities. Fn~. MacKay stated that the Soccer Club was willing to accommodate the concerns of citizens. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. COMMUNICATION No. 264 - Social Planning Council - Re: Extended Day Care Programme for the Unit at G.N.G.H. The communication supports the attached report of Dr. Wallace M. Mitchell, recommending that City Council approach the Niagara District Health Council and the Ministry of Health to strongly Urge that.the Day Care Proposal submitted by the G.N.G.H. be given top priority. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be received and approved. Carried Unanimously. - AND - Report No. 400 - Mayor Thomson - Re: Need for Extended Psychiatric Day Care Programme at the Greater Niagara General Hospital. The report recommends that Council again endorse the urgent need of funding for expanded Day Care Facilities for Psychiatric patients at the Greater Niagara General Hospital and that Council concur with Mayor Thomson's intention to ma~e a submission to the Niagara DistriCt Health Council when he presents the additional facts provided by Dr. Wallace M. Mitchell, M.D., F.R.C.P.(C), Director of Psychiatry. Regional Councillor Wil liam Smeaton endorsed the aforementioned recommendations and offered assistance to City and the Social Planning Council in this matter. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. UNFINISHED BUSINESS OVERVIEW OF NEW PLANNING ACT - AND - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 401 - Chief Administrative Officer - Re: Overview of New Planning Aut. The report recommends that the New Planning Act - Highlights report be received for information purposes. ORDERED on the motion of Alderman Janvary, seconded by Alderman 0rr, that the report be received and adopted. Carried Unanimously. COMMUNICATIONS No. 265 - Petition from Homeowners - Re: Demolition of 6068 Drummond Road. The communication discusses the condition of the building on the subject property and requests that it be condemned and demolished. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and referred to Staff, the Property Standards Committee and Regional Police Department for investigation and a report. Carried Unanimously. No. 266 - Tennier Absorbent Products Ltd.- Re: Quotation for 75 drums of NTH 65% Chlorine. ORDERED on the moLlon of Alderman Cummings, seconded by Alderman Orr~ that the communication be withdrawn. Carried Unanimously. -4- No. 267- Royal Canadian Legion, Branch 590 - Re: The Annual Warriors' Day Parade. The communication requests permission to hold the Annual Warriors' Day Parade on August 14th, 1983. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved. Carried Unanimously. No, 268 - Niagara Falls Umpires Association - Re: Slo-Pitch Tournament, August 19th to 21st, 1983. The communication advises of the proposed Slo-Pitch Tournament at Palmar Park and requests a Special Occasion Permit. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the request be approved subject to the approval of other authorities. Carried Unanimously. REPORT No. 402 - Municipal Works Con~nittee - Re: Revised Policies and Procedures Document Concerning Fill, Construction, and Alteration to Waterways Regulation 220/81 (Revised May 26, 1983). The report recommends that: 1) The Niagara Peninsula Conservation Authority be advised that the City endorses the revised Policies and Procedures document concerning Fill, Construction, and Alteration to Waterways Regulation 220/81 (May 26, 1983). 2) A submission concerning flood plain mapping criteria be made to the Minister's hearing panel in the future. 3) A copy of this report be forwarded to the Niagara Peninsula Flood Plain Fighters Association. Mrs. Stella Ziff, Interim Chairman, Niagara Peninsula Flood Plain Fighters, was granted peumission to address Council on the motion of Alderman Janwary, seconded by Alderman Hinsperger. Mrs. Ziff expressed appreciation of the group for information received from City Council. She discussed concern that involved property owners might be unaware of actions taken with regard to the situation. It was suggested that Mrs. Ziff might wish to contact the A.M.O. office for information concerning the inclusion of the subject on the Agenda of the pending A.M.O. Conference. The Acting Director of Municipal Works discussed the meetings being held concerning the floodplain issue, and the proposed programs underway to notify homeowners in the hazard area. The Chief Administrative Officer advised that efforts would be made to ensure that interested people be kept informed. Mrs. Ziff requested that the Chief Administrative Officer investigate the comments under Appendix "A" of the handout communication dated 3uly ZSth, 1983, which she had prepared. ORDERED on the motion of Alderman Puttick, seconded by Alderman Coyills, that the report be received and adopted, that the recommendations of Mrs. Ziff be adopted, and further, that Staff correlate questions to be referred to the A.M.O. Conference. Carried Unanimously. COMMUNICATIONS No. 269 - City of Hamilton - Re: Resolutions dealing with Job Losses, Corporate Bankruptcy Legislation, and Alternate Employment. The communication requests that Council endorse the resolutions. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the three resolutions be endorsed. Carried Unanimously. No 270 - city of Kingston - Re: Proposed ~mergency Health Services System. The communication requests that Council endorse the attached resolution regarding proposed Emergency Health Services System. ORDERED on the motion of Alderman Janvary, seconded by Alderman'Keighan, that the communication be referred to the Greater Niagara General Hospital Board, '- Heart Niagara, and 'to Staff for investigation ~nd report. Carried Unanimously. No. 271 - The Globe and Mail - Re: Arts & Cultural Centre in Yellowknife, NWT. The communi~ation requests that Council approve financial assistance in the building of an Arts and Cultural Centre in Yellowknife, Northwest Territories. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger~ that the request be denied. Carried Unanimously. _ ....5 -5 - No. 272 - B & N Intermodal Services - Re: Presentation to Council by Mr. A1 Atwell. The communication confirms a request that Mr. A1Atwell be granted permission to present a brief to Council on August 15th, 1983. The brief would include an update on plans being prepared by Cantunn regarding the acquisition of the Canadian assets of Conrail. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be received and filed. Carried Unanimously. No. 273 - Frederick Ajandi - Re: Building Permit for Property on Lyons Creek Parkway. The communication requests that City Council grant a Building Permit for the property located on 4822 Lyons Creek Parkway, Part Lot 19, Concession 3, Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to staff for investigation and a report as soon as possible. Carried Unanimously. No. 274 - The Regional Municipality of Niagara - Re: Water and Sewage Flows Report - June 1983. The communication attaches Report DEP 1935, Water/Sewage Flows by Municipality, Monthly Report for June 1983. ORDERED on the motion of Alderman Keighan, seconded by Alderman Cummings, that the cormnunication be received and filed. Carried Unanimously. No. 275 - Petition by Various Motels - Re: Water and Sewers from Niagara Falls. The communication requests the City of Niagara Falls to petition the Region to allow the various Motels included in the petition to get water and sewers from Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hin~perger, that the communication be referred to staff. Carried Unanimously. No. 276 - Main and Ferry Business Association - Re: 1983 Peach Queen Festival. The communication requests the permission of Council to use the ar ticleg indicated therein for the crowning of the Peach Queen at Sylvia Place on August 27th, 1983. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the request be approved with costs to be deducted from the $2,500 grant provided to the Association by City Council in 1983. Carried Unanimously. REPORTS No. 403 - Chief Administrative Officer - Re: Pedestrian Walkways and Emergency Accesses. The report recommends the following: 1) That Walkway ~6 from 3upiter Boulevard northerly to the Ontario Hydro corridor be recommended to Council for closing. ORDERED on the motion of Alderman Cummings, seconded by Alderman 3anysty, that the recommendation be received and adopted. Carried Unanimously. 2) That Walkway #72(1) remain open and negotiations be entered into between the City, Mr. Matthews and Mr. Fielding regarding the temporary leasing of this walkway. Z~. 3ohn Fielding advised that he and Mr. D. Matthews would be in fayour of the recommendation. He further stated that the walkway was unlit, that garbage and refuse ~ere being deposited.there, and it was a route for vandal~ and dirt bikes. Other interested residents were present, one of whom, identified as Mr. McCullough, advised that he was not in fayour of either closing or leasing of the walkway~ that posts could be erected to resolve the problem of motor bikes using the walkway, and further that the situation had improved subsequent to the construction of the sidewalk- It was noted that Westlane students used the walkway. ORDERED on the motion of Alderman cummings, seconded by Alderman Coyills, that the recommendation be received and adopted. The motion was Defeated on the following vote: AYE: Aldermen Hinsperger, Coyills and Cummings. NAYE: A~dermen Baker~ Janvary, Keighan, Orr and Puttick. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that Walkway ~7~(1) remain open and further, that the fencing along the walkway be completed. The motion Carried on the following vote: AYE: Aldermen Baker~ Janvary~ KeiShan, 0rr and Puttick. NAYE: Aldermen Coyills, Cummings and Hinsperger. -6- 3) That Walkway #72(2) from Tad Street northerly to Blocks B and C remain open. ORDERED on the motlon of Alderman Janvary, seconded by Alderman Baker, that the recommendation be received and adopted. The motion Carried on the following vote: AYE: Aldermen Baker, Coville, Hinsperger, Janvary, Keighan, Orr, and Puttick. NAYE: Alderman Cun~nings. 4) That Walkway #48(1) from Village Crescent southerly to the townhouses on McLeod Road be closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the recommendation be received and adopted. Carried Unanimously. 5) That Walkway #18 from Glenayr westerly to Glengate Park be closed. ORDERED on the motion of Alderman Coville, seconded by Alderman Puttick, that the matter be deferred. The motion Carried on the following vote: AYE: Mayor Thomson, Aldermen Coville, Janvary, Keighan, and Puttick. NAYE: Aldermen Baker, C~Eamings, Hinsperger, and Orr. 6) That Walkway #7 from Emma Street southerly to the City-owned linear park remain open. Mr. Joe Moretta expressed concern regarding possible motorcycle traff! ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that the recommendation be received and adopted. The motion Carried on the following vote: AYE: Aldermen Baker, Coville, Hinsperger, Janvary, Keighan, Orr, and Puttick. NAYE: Alderman Cunnnings. No. 404 - Chief Administrative Officer - Re: By-law to provide for the Constitution of a Committee of Adjustment. The report recommends that Council consider enacting the by-law attached to this meeting's agenda which is hecessary to constitute a Committee of Adjustment under the new Planning Act. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the report be received and adopted. Carried Unanimously. See By-law No. 83-162. No. 405 - Chief Administrative Officer - Re: Fees for processing of Planning Applications. Tne report recommends that Council enact the by-law following later in this meeting's agenda which prescribes the tariff of fees for the processing of applications made in respect of planning matters. ORDERED on the motion of Alderman Keighan, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 83-161. No. 406 - Chief ~dministrative Officer - Re: Extension o~ draft plan approval - Westway Estates Subdivision, Group 2 Development Limited, File No. 26T-25013. The report recommends that a council resolution supporting a further two year extension of draft plan approval for the Westway Estates Subdivision be forwarded to the Ministry of Municipal Affairs and Housing. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See Resolution No. 96. No. 407 - Chief Administrative Officer - Re: Establishment of a Planning Committee under the New Planning Act. The report recommends the following: 1) That a Planning Committee be appointed to advise Council on planning matters other than Official Plan and Zoning By-law amendments pursuant to Section 8 of the New Planning Act. 2) That the appointment of Committee members be ratified by by-~aw at the next Councll meeting. ORDERED on the motion of Alderman Keighan, seconded by Alderman Janyar~ that Council consider all planning matters~ for a trial period. Carried Unanimously. No. 408 - Chief Administrative Officer - Re: Planning Application Process and Public Hearing Schedule· The report recommends the following: 1~, That the attached administrative guidelines entitled "Official Plan and · 7 J_ - 7- Zoning Amendment Procedures" be endorsed by Council for inclusion in the City's Policy and Procedural Manual. 2) That a regular schedule of Council meeting dates be established to consider planning applications. That the second Monday of each month be designated for this purpose. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the report be received and adopted. Carried Unanimously. No. 409 - Recreation Commission - Re: 1983 - 1984 Arena Schedules. The report recommends that City Council approve the attached 1983 - 1984 Arena Schedules. Staff was congratulated on the success of the meeting held July 27th, 1983 to discuss concerns of arena users. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the report be received and adopted. Carried Unanimously. No. 410 - Chief Administrative Officer - Re: Willmort Street Sports Club. The report recommends that Council approve the by-law appearing on this evening's agenda in respect to the agreement between the Willmort Street Sports Club and the City of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 83-165. No. 411 - Chief Administrative Officer - Re: Reconstruction of Main Street. The report recommends that the necessary notices be placed in the newspaper to allow - 1) the alteration of Main Street and Portage Road, from Delaware Street to Stanley Avenue; 2) the closing of Allendale Avenue at its intersection with Main Street/Portage Road and Murray Street. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that the report be withdrawn. Carried Unanimously. No. 412 - Chief ~jministrative Officer - Re: Supply & Application of Traffic Marking Paint - 1983. The report recommends the following: 1) That the contractor receive payment for all painting work done in connection with stop bars, parking stalls~ pedestrian crosswalks, parking lots and directional arrows as soon as possible; 2) That the contractor receive payment for centre line work undertaken to date upon completing repairs to centre line work located on the three sections of ~oadway' described i~ this report; 3) That the contractor complete the balance of the work under fulltime inspection of City staff; 4) That Traffic marking painting specifications be revised to include a rate of glass bead application; and 5) That fulltime inspection be provided on traffic paint marking contracts in future years. ORDERED on the motion of Alderman Keighan, seconded by Alderman Baker, that the report be received and adopted, subject to no monies being paid to.the contractor until satisfied. Carried Unanimously. No. 413 - Municipal Works Committee - Re: Walkway adjacent to Dorchester Road Fire Ball, leading from. Dorchester Road to Brian Crescent (adjacent to Mr. Valdis CalmS). The report recommends the following: 1.) That the proposed walkway be shifted to the south of Mr. Calms' property line as shown in his proposal #1, and 2) That the proposed walkway be fenced on both sides. 'There was some opposition to the recommendation, with concern expressed that information should have been received from the Fire Department and neighbouring residents prior to the change in policy. ORDERED on the motion of Alderman KeighanJ seconded by Alderman Puttick, that the report be received and adopted. The motion Carried on the following vote: AYE: Aldermen Baker, Hinsperger, Keighan, 0rr and Puttick. NAYE: Aldermen Gorilla, Cummings, and Janvary. -8- No. 414 - Municipal Works Committee - Re: Request for Pedestrian Walkway from the south limit of Rapids View Drive to the intersection of Keller and Mechanic Streets. The report recommends that staff be authorized to negotiate with the Niagara Parks Commission for either the purchase of sufficient property or acquisition of an easement that would allow the establishment of this walkway. On completion of these negotiations, a further report will be presented regarding the cost of the property/easement acquisition and also the cost of constructing the walkway. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that the report be adopted. The motion Carried on the following vote: AYE: Aldermen Baker, Coville, Hinsperger, Janvary, Keighan, Orr, and Puttick. NAYE: Alderman Cummings. No. 415 - Chief Administrative Officer - Re: Zoning Amendment Application AM-22/81F. Caligiuri (Oakwood Auto Body), 7848 Oakwood Drive, Niagara Falls. The report recormnends that the subject rezoning application be set aside. ORDERED on the motion of Alderman 0rr, seconded by Alderman Cummings~ that the report be received and adopted. Carried Unanimously. No. 416 - Chief Administrative Officer - Re: Residential Rehabilitation Assistance Program (R.R.A.P.). The report recommends that no further R.R.A.P. applications be accepted at this time. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 417 - Chief Administrative Officer - Re: Site Plan Approval, proposed 9 Storey 122 Unit Hotel, Buchanan Avenue (N/W corner of Buchanan & Dixon). The report reconLraends that Council approve the site plan on display at ~onight's meeting, being a proposed Hotel; and the site plan being drawing number 1 dated May 1983 and prepared by G. Sommerfeldt, and filed with Buildings and Inspections Department of the City of Niagara Falls on June 25, 1983, and that such approval be subject to the conditions included in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 418 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends payment of the municipal accounts in the aggregate amount of $1,457,159.92 for the two week period ending August 2nd, 1983. Alderman Hinsperger declared a conflict of interest on Chequea numbered 1915 7 and 19290 by reason of employment with Dell Canada. Further information was requested on Cheques numbered 19156, 19160, 19173, 19184, 19188, 19218, 19220, and 19226. A discussion ensued with regard to the repair of vehicles. ~ ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on conflict of interest previously recorded, and all others voting in fayour. See By-law No. 83-167. No. 419 - Chief ~dministrative Officer - Re: Establishing a Reserve FUnd for the P~oceeds of the Sale of 3ohn N. Allan Park. The report recommends that Council pass the resolution appearing on this evening's agenda to authorize the establishment of a reserve fund for the proceeds of the sale of John N. Allan Park, ORDERED on the motion of Alderman Janvary, seconded by Alderman Baker~ that the report be received and agopted. Carried Unanimously. See Resolution No. 98. No. 420 - Chief Administrative Officer - Re: Unopened Road Allowance at Gore Lots 9 and 10. The report recommends that staff be authorized to have a parcel of unopened road allowance running south from Warner Road to the C.N. Railway surveyed - AND - further that the parcel be conveyed to the adjoining owners for the appraised value of similar property iu ~the areaf plus survey and legal COSTS, -9 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 421 - Chief Administrative Officer - Re: One Foot Reserves, Mount'Forest Subdivision, Registered Plan No. M-29. The report recommends that Council pass the by-law on tonight's agenda to establish certain one foot reserve lots as public highways. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-law No. 83-164. No. 422 - Chief Administrative Officer - Re: Disposal of Laneway on Registered Plan 195 of the former Township of Stamford. The report recommends that Council approve the closing of a 33.04 foot laneway on Cooper Drive, Registered Plan 195, and its sale to the abutting owners. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the report-be received and adopted. Carried Unanimously. No. 423 - Chief Administrative Officer - Re: Straightening and Widening of Creek Road in the former Township of Crowland and request of Walter Chandler and Stella Chandler for a Confirming Deed. The report recommends that Council pass the by-law on tonight's agenda to authorize a confirming deed to Waiter Chandler and Stella Chandler. ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 83-163. No. 424 - Chief Administrative Officer - Re: Preparation of New Deed - Former Village of Chippawa to Willy Herbert Petrak. The report recommends that the City Council pass the by-law appearing on tonight's agenda authorizing a new deed to convey certain lands previously owned by The Corporation of the Village of Chippawa to Willy Herbert Petrak. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be. received and adopted. Carried Unanimously. See By-law No. 83-166. No. 425 - Mayor Wayne Thomson - Re: Prostitution. The report recommends that the City of Niagara Falls request the Canadian Association of Chiefs of Police to endorse this Municipality's petition to the Federal Government to enact suitable amendmenta to the Criminal Code of Canada to effectively deal with prostitutfon. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. See Resolution No. 97. No. 426 - Mayor Wayne Thomson - Re: Designation - Industrial & Regional Development Program. The report recommends that the Council of the City of Niagara LFalls. notify the Ministry of Industry, Trade & Commerce that this Municipality strongly objects to the Tier I designation under the Industrial & Regional Development Program and requests that the City's designation be changed to Tier II. ORDERED on the motion of Alderman Keighan, seconded by Alderman CummingsJ that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 95 - CU~4INGS - KEIGHAN - RESOLVED that the Niagara Falls Umpire's Association be 8ranted permission to conduct a beer concession in conjunction with their alo..pttch tournament on August 19thj 20th~ and 21st, 1983, at the Y.M.C.A., Palmet Park facilities, subject to the approval of the Niagara Regional Police~ the Niagara Falls Fire Department, the Niagara Regional Health Unit and the Liquor Licensing Deard of Ontario; AND the Seal of the Corporation be hereto affixed. Carried Unanimous'ly. - l0 - No. 96 - CUMMINGS JANVARY - RESOLVED that the Council of the City of Niagara Falls supports a further two year extension of draft plan approval for the Westway Estates Subdivision (File No. 26T-25013), and that the Ministry of Municipal Affairs and Housing be so advised; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 97 - CUMMINGS - COVILLE - RESOLVED that whereas there has been an alarming increase in the number of persons who solicit others, including pedestrians and motorists on City streets, for the purpose of prostitution, and WHEREAS the above mentioned activities are a source of annoyance and embarrassment to members of the public and interfere with their right and ability to move freely and peacefully .upon City streets, and WHEREAS the Council is of the opinion that these activities have reached such magnitude as to be a concern to the City as a whole, and WHEREAS the soliciting section of the Criminal Code of Canada has been rendered virtually unenforceable by peace officers because of the Courts' interpretation that to constitute an offence thereunder there must not only be a demonstration by an accused of an intention to be available for prostitution but conduct which is pressing and persistent. NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls requests the Canadian Association of Chiefs of Police to petition the Government of Canada to enact without delay suitable amendments to the Criminal Code of Canada to resolve the serious problems being created by the present inability to effectively deal with prostitution; AND the Seal of the Corporation be hereto affixed. Carried Unanimously.. No. 98 - JANVARY - CUMMINGS - RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby authorizes and directs that the funds received from the sale of 3ohn N. Allan Park be placed in a reserve fund for use in acquiring alternate park facilities; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws and the by-laws be read a first time: No. 83-159 - No. 83-160 - No. 83-161 - No. 83-162 - A by-law to close a portion of Main Street to vehicular traffic on a temporary basis. A by-law to amend By-law No. 72-221, being a by-law to provide for the voluntary payment of penalties for contravention of parking and certain other by-law provisions. A by-law to prescribe a tariff of fees for the processing of applications made in respect of planning matters. A by-law to provide for the constitution of a Committee of Adjustment for the City of Niagara Falls and the appointment of members of the Committee. No. 83-163 - A by-law to authorize a confirming deed to Walter Chandler and Stella Chandler. No. 83-164 No. 83-165 No. 83-166 No. 83-167 A by-law to establish certain one foot reserve lots as public highway! A by-law to authorize a lease with Willmort Street'Sports Club Limitet A by-law to authorize a conveyance to Willy Herbert Petrak. A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining on By-law No. 83-167 as previously recorded in Report No. 418, and all others voting in fayour. - 11 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the following by-laws be now read a second and third time: No. 83-159 - A by-law to close a portion of Main Street to vehicular traffic on a temporary basis. No. 83-160 - A by-law to amend By-law No. 72-221, being a by-law to provide for the voluntary payment of penalties for contravention of parking and certain other by-law provisions. No. 83-161 - A by-law to prescribe a tariff of fees for the processing of applications made in respect of planning matters. No. 83-165 - A by-law to provide for the constitution of a Committee of Adjustment for the City of Niagara Falls and the appointment of members of the Committee. No. 83-163 - A by-law to authorize a confirming deed to Walter Chandler and Stella Chandler. No. 83-164 - A by-law to establish certain one foot reserve lots as public highways. No. 83-165 - A by-law to authorize a lease with Willmott Street Sports Club Limited. No. 83-166 - A by-law to authorize a conveyance to Willy Herbert Petrak. No. 83-167 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining on By-law No. 83-167 as previously recorded, and all others voting in favour. NEW BUSINESS SONS OF ITALY - BANNERS FOR PICNIC Mayor Thomson advised that a request had been received from the Sons of Italy for permission to erect a banner on Victoria Avenue at Kitchener Street, and Portage Road and Huggins Street, advertising their picnic for August 14th, 1983. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the request be granted. Carried Unanimously. PCB STORAGE Alderman Cummings referred to a previous request for information concerning possible PCB storage areas in the City of Niagara Falls. He further referred to a con~nunication dated July !Jth, 1983 from the Ministry of the Environment advising that there are no PCB storage sites at industries in Niagara Falls. The Deputy City Clerk advised of a recent contact with the Ministry at which time it was learned that the only sites in the City were already known to the Fire M Chief. ELOODING Alderman Hlnsperger referred to the very recent severe storm and flooding in the Chippaws and Westlane areas of the City. Mayor Thomson discussed the flooding complaints which are being received as a result of the storm. He further discussed the previous study of Paul Theil and Associates. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker, that the matter be referred to Staff for a report to the Municipal Works Committee and to Paul Theil and Associates. Carried Unanimously. CLOSING DATE - CITY SWIMMING POOLS Alderman Puttick requested information concerning the closing date of the City 8wi.m]ing Pools. Information was given that there was no plan to keep the pools open after Labour Day. BENTLEy BUILDING Alderman Baker requested information concerning the present status of the - 12 - THIRTY-FIRST MEETING Bentley building. A brief discussion ensued concerning the permitted use for the building. CIVIC COb~ITTEE UPDATE Alderman Janvary discussed the Muscular Dystrophy Telethon. She further discussed the upcoming A.M.O. Conference and requested direction from Council concerning items to be considered at the Conference. Alderman Janvary asked that a copy of the Resolution book for the Conference be received prior to the event for study purposes. It was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the meeting adjourn. Carried Unanimously. READ AND MAYOR WAYNE THOMSON Committee Room #1 August 15, 1983 Council met on Monday, August 15th, 1983 at 6:00 p.m. in Committee of the Whole. All members of Council were present with the exception of Alderman Cheesman. Alderman Somerville presided as Chairman. Following consideration of the items presented the Committee of the Whole arose without reporting. MAYOR WAYNE THOMSON Council Chambers August 15, 1983 Council met on Monday, August 15th, 1983 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Chessman. His Worship, Mayor Thomson presided as Chairman. Alderman Coville offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the minutes of the meeting held August 2nd, 1983, be adopted as printed. Carried Unanimously. DEPUTATIONS MR. GORDON PAUL o VISITOR & CONVENTION BUREAU - PEOPLE MOVER SYSTEM M~. Cordon Paul, President of Niagara Falls Canada, Visitor & Convention Bureau, was granted permission to address Council on the motion of Alderman Kerrio, seconded by Alderman Somerville. Mr. Paul discussed a letter dated August 3, 1983 ~ich had been circulated to all members of the Bureau, advising of an announcement by the Niagara Parks Commission, through the news media, of its intention to proceed with a Bus People Mover System. M~. Paul advised of the unanimous opposition of the Bureau to the aforementioned proposal. He expressed the view that the bus system would have a detrimental effect on the tourism industry in Niagara Falls, would "accelerate the industry's decline by not providing the tourist with a complete opportunity to see what the City had to offer", resulting in shorter visits by tourists. Mr. Paul suggested that an equitable distribution of visitors to th~ City of Niagara Falls could only be obtained through a "loop system". Mr. Paul recommended that an objective study be completed, with particular consideration being given to "the best interest of the City of Niagara Falls". -AND ~ MR. AL ATWELL, B & N INTERMODAL SERVICES M~. Atwell adressed Council on behalf of B & N Intermodal Services. He provided an update report on plans being prepared by Cantunn regarding the acquisition of the Canadian assets of Conrail, and in opposition to the CN/CP bid of a similar nature. Me explained that the agreement between Conrail and CN/CP was subject to the approval of the C.T.C., Ottawa, and Interstate Commerce, Washington, D.C., and further that Cantunn was exercising its rights under the procedures of the C.T.C. by filing opposition to the purchase agreement made with CN/CP. Mr. Atwell discussed the support being ~eceived from railroad employees and major shippers on the line. -. Mr. Atwell d iscussed the proposal to work with VIA Rail and the plan to re-establish passenSer service on the line which extends from Detroit, through .2 -2- Windsor, St. Thomas, Niagara Falls and Buffalo. He further discussed the anticipated increase in truck traffic through "piggyback service", as well as increased employment opportunity. Mr. Atwell replied to questions regarding the reasoning behind the signing of the purchase agreement between Conrail and CN/CP~ and time required to proceed with the proposal. F~. Atwell advised that a line would be made available for the People Mover right-of-way~ and requested that Council support the proposal of Cantunn. Mr. George Anderson, Ford Motor Land Development Corporation, advised that it was the intention of his company to work closely with Government and Planning Gen~nissions to present a program of development which would encourage industrial development on the rail line and adjacent properties to the line. Mr. Anderson expressed confidence in the success of the project outlined by Mr. Atwell with beneficial results to the involved communities. A number of railway employees who were present indicated approval and support of the project presented by Mr. Atwell. Mr. Paul Duckerr, spokesmad for the group, stated that the employees had received the formal plan of the CN/CP to eliminate the majority of their jobs. Mr. Atwell confirmed that a written announcement from CN/CP had indicated its intention of eliminating jobs in the St. Thomas area as well as from Welland to Niagara Falls. Mr. Harold Wannaselya, Project Manager for Bechtal Civil & Marine Inc., reviewed information and charts regarding the CN/CP parallel lines, Can. SOuthern Chessie System, Norfolk & Western, The Detroit River Tunnels, Michigan Central, and Niagara Falls Bridge. He explained the significance of the project in terms of developments to centtee and structures along the line as well as adjacent properties, and industries in Canada and the U.S., as well as.job oppQrtunities. Mr. Wannaselya discussed the rubber tire vs. steel wheel technologies in connection with the proposed People Mover System and recommended that a recognized firm should be requested to study all the alternatives regarding the goals of the N.P.C. and tourist industry in order that a system might be developed which would be advantageous to all. Mr. Gordon Paul reaffirmed the position of the Visitor & Convention Bureau that an unbiased study be completed prior to action on a People Mover System. Be stated that the Bureau was prepared to contribute a considerable portion of the expense involved, at a cost to the tourist industry. ORDERED on the motion of Alderman Merrett, seconded by Alderman 0rr, that the Nlagara Parks CommissionJ Ministry officials and the Ministry of Tourism and Recreation be contacted with the request that fdrther action on the People Mover System be deferred until an objective study is completed~regarding.the said System, with consideration given to a rubber tire vs. steel rail service, and the possible use of the Conrail track in a loop system. The motion Carried with Alderman Keighan abstaining from the vote on conflict of interest by reason of a relative being employed with the N.P.C.; Alderman Puttick abstaining from the vote on conflict of interest by reason of an interest in the tourist industry; and on the following vote: AYE: Aldermen Coville~ Cummingss Hinsperger~ Janvary~ Kerrio~ Merrett~.Orr~ and Somerville. NAYE: Alderman Baker. MR. EDISON MacAULAY - WESTWOOD SUBDIVISION - FLOODING Mr. MacAulay advised Council of the damage to property in the Westwood Subdivision as a result of a recent storm. He discussed blocked sewers and catch basins, and requested information regarding the investigation of the ~ity and the Insurance Company. He discussed responsibilitys'compensation and the attitude of the Insurance Company.. The Chief Administrative Officer explained the procedure for the handling of Insurance Clatms~ which are directed through the office of the City Clerk. Its discussed a recent study by experts in the field in an attempt to resolve flooding problems and determine possible future requirements. The Chief / -3- Administrative Officer advised that the Insurance Company would make a decision based on whether or not the flooding was caused by negligence on the part of the City. The Chief Administrative Officer stated that a full investigation was being made into the circumstances regarding the recent flooding of homes in the area resulting frem the severe storm, and the subject would be considered at a meeting of the Municipal Works Committee. Mr. George Henderson, 6531 Harmony Avenue, referred to the size of the sewer pipes in the area, the fact that the flooding had occurred for a second time, and stated that he had been told by a City employee that the pumps had been turned down during the recent storm. Mayor l~omson discussed the previous study of the problem by a consulting firm and the present study to determine if negligence was present, as well as action which might be taken to prevent a recurrence. He advised that the Municipal Works Committee was making a full investigation, and that all interested residents could attend the next meeting of the Committee for a full discussion of the situation. Mayor Thomson further advised that there would not be a "quick resolution" to the problem. REPORT No. 427 - Chief Administrative Officer - Re: Request for Building Permits, Part Lot 9, Reference Plan 59R-2700 (former Township of Crowland), Lyon's Creek and McKenny Road. The report recommends the following: 1) That Council decide whether it wishes to agree with the request for the issuance of a building permit set out in the letter to the City Solicitor from the law firm Gordon & Adam~, dated 3uly 7, 1983, a copy of which is attached to the report. 2) In the event that Council concurs with the request for a building permit, the Legal Department be authorized to prepare a by-law which authorizes that an agreement be entered into covering the City's requirements prior to the issuance of such building permit between the City and the owner of the subject parcel. 3) That Planning staff be authorized to prepare appropriate Official Plan policies which could serve as a guide to Council and staff whenever similar requests for building permits are made in the future. Mr. Jeffrey W. Gordon, Solicitor for the applicants, advised that his clients would be willing to agree to the conditions imposed previously and included in the report. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted, subject to the conditions contained therein. Carried Unanimously. UNFINISHED BUSINESS WHIRLPOOL ROAD BRIDGE OVER H.E.P.C. CANAL - AND - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 428 - Chief Administrative Officer - Re: Contract B.C. 2-83 - Whirlpool Road Bridge over the M.E.P.C. Canal. The report recommends the following: 1) That the by-law authorizing a contract with the low tenderer, Stephens and Rankin Inc. and Decew Crafts Inc., in the amount of $833,219.85 be approved; 2) That the by-law authorizing the stopping up and closing of a portion of Whirlpool Road be approved upon confirmation there are no presentations that lands may be prejudicially affected. 0RDERED on the motion of Alderman Kerrio, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See Resolution No. 99. See By-law No. 83-172 and By-law No. 83-173. -4- REPORT No. 429 - Chief Administrative Officer - Re: Application by Master Paving Limited for Stream Diversion and In-Filling of Beaverdams Creek. The report recommends the following: 1) That the Ministry of Natural Resources be advised that the City of Niagara Falls opposes any further filling or stream diversion of Beaverdams Creek by Master Paving Limited, and 2 ) That the Ministry of Natural Resources be urged to make every attempt to have the Beaverdams Creek valley restored to its natural state at this location. Mr. Karl Kaune, P.A.L.S., expressed agreement with the recommendations. He distributed photographs of the subject property to Council members. Mr. Peter Grandoni advised that no storm water was presently going into the property. He expressed the view that a resolution should be made to protect the drainage system of farmland. ORDERED on the motion of Alderman Janvary, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. UNFINISHED BUSINESS NIAGARA TRANSIT - REDUCED FARES FOR UNEMPLOYED Communication No. 277 - Niagara Transit - Re: Fares for Unemployed. The communication advises that the Greater Niagara Transit Commission ~greed to approve reduced fares for the unemployed for a three month trial period beginning August 15th, 1983. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary~ that the communication be received and filed. Carried Unanimously. COMMUNICATIONS No. 278 - Mrs. Walter Stachura - Re: Intersection of Portage Road & Buchanan Avenue. The communication refers to a recent accident in the area of Portage Road & Buchanan Avenue and requests an investigation concerning the intersection. ~e Traffic & Construction Engineer advised that major improvements to the intersection were scheduled for the year 1984. However, as a temporary remedial measure, staff was attempting to have the elevation lowered and improve the sight distance at the intersection. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that a letter be forwarded to Mrs. Stachura advising of the short and long term solutions to the problem, and further, that a copy of the communication to Mr. John Holer requesting a lowering of the elevation, be forwarded to the Niagara Falls Visitor & Convention Bureau. Carried Unanimously. No. 279 - Lions Club & Niagara Sports Centre - Re: Slo-pttch Tournament, September 1 - 5, 1983. The communication advises that the Lions Club and Sports Centre are co-hosting the subject Slo-pitch Tournament and requests a Special Occasion Permit. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the request of the Niagara Falls Lions Club for a Special Occasion ~ermit for the Slo Pitch Tournament to be held at the Niagara Sports Centre on September 3, 2, 3, 4, and 5, 1983, be approved, subject to approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 280 - The Royal Canadian Legion - Re: Fall get-together. The'communication advises of the fall get-together at Oaklands Tent & Trailer Park, planned for September 11, 1983, and requests a Special Occasion Permit. ORDERED on the motion of Alderman Cu~nings, seconded by Alderm~n Keighan, that 'the request of the Chippaws (OUt. No. 396) Branch of The Royal Canadian Legion for a Special Occasion Permit for the Fall get-together at Oaklands Tent & Trailer Park, Stanley Avenue, on September llth, 1983, be approved, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara ~istrict Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. i -5 - No. 281 - The Royal Canadian Legion - Re: Annual Church Service & Parade. The communication advises of the Annual Church Service on September 18, 1983, and requests permission to hold a parade in conjunction with the service. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that permission be granted. Carried Unanimously. No. 282 - Regional Niagara Planning & Development Department - Re: Final Proposed Plan for the Niagara Escarpment. The communication attaches report DPD 1662 on the Final Proposed Plan for the Niagara Escarpment, and invites questions or comments. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 283 - Niagara Regional Police Force - Re: C.A.C.P. Conference, Calgary, Alta. The communication encloses a copy of a Resolut.ion regarding Prostitution, passed by the City of Niagara Falls, and to be presented by Mayor Thomson to the Law Amendments Committee at the C.A.C.P. Conference in Calgary. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. Alderman Puttick requested the approval of Council to use the information in the Resolution at the upcoming A.M.O. Conference. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coville, that permission be granted. Carried Unanimously. No. 284 - F.R.I.E.N.D.S. - Re: Regional Special Olympics Fun Day. The communication advises of the Regional Special Olympics Fun Day at Oakes Park on September lOth, 1983, and requests the participation and support of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that Council support this event and as many as possible attend. Carried Unanimously. No. 285 - Ontario Provincial Police, Niagara Falls Detachment - Re: Police Hockey Tournament. The communication requests the donation of ice time for the Police Hockey Tournament at Stamford Arena on November 3, 1983. ORDERED on the motion of Alderman Kerrlo, seconded by Alderman Somerville, that the request be referred to the Finance Committee for consideration, with comments from the Recreation Commission. Carried Unanimously. No. 286 - City of St. Catharines - Re: Assessment Appeals by Credit Unions. The communication requests the support of Council for a resolution to petition the Minister of Revenue to amend the Assessment Act to provide the paymept of business taxes by Credit Unions. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the resolution be endorsed. The motion Carried on the following vote: AYE: Aldermen Baker, Coville, Cununings, Hinsperger, Janvary, Keighan, Kerrio, Merrett, 0rr, and Somerville. NAYE: Alderman Puttick. No. 287 - Mrs. Shirley LeReverend - Re: Noise from Maple Leaf Village. The communication refers to noise from the amusement park at Maple Leaf Village. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to staff for investigation. Carried Unanimously. No. 288 - Len & Leigh Bishop - Re: Stop signs in Harriman Street area. The corf~nunication expresses concern regarding the safety of users of flarriman and Casey Street and their access arteries and suggests stop signs. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the communication be referred to Staff for tnvestigation~ Carried:UnaninlouplT~ No. 289 - Ken & Lynn Evans - Re: Flooding - Sarah Street. The communication refers to recent sewer bac~-ups into basements in the Sarah Street area and 'requests that action be taken to correct the situation. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Somerville~ that the communication be referred to the Municipal Works Committee for investigation. Carried Unanimously. -6- No. 290 - Federal Business Development Bank - Re: Small Business Information Week. The communication requests that Council Proclaim the week of October 23, to October 29th, 1983, Small Business Information Week. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the request be approved subject to established policy. Carried Unanimously. No. 291 - The Lions Club of Stamford - Re: Peach Festival. The communication requests a Special Occasion Permit in conjunction with the Niagara Falls Peach Festival on August 27th and 28th, 1983. ORDERED on the motion of Alderman Keighan, seconded by Alderman Cummings, that the request of The Lions Club of Stamford for a Special Occasion Permit for the Niagara Falls Peach Festival to be held on August 27th and August 28th, 1983, to be held at a location between 5908 and 5914 Main Street, Niagara Falls, be approved, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. REPORTS No. 430 - Chief Administrative Officer - Re: River Road Study - Final Report. The report recommends that Council receive the final report entitled, "River Road Study Area Neighbourhood Plan" prepared by Walker, Wright, Young and Associates Limited and refer this document to both the Planning Department and the Niagara Parks Commission for review, and report back to Council. ORDERED on the motion of Alderman 0rr, seconded by Alderman Hinsperger, that the report be received and adopted and a copy forwarded to the Social Planning Council. Carried Unanimously. No. 431 - Chief Administrative Officer - Re: Zoning amendment application AM-3/83 (Reese's Inn Limited). The report recommends that Council approve the application subject to the concerns of the City's Engineering Department being satisfactorily resolved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be tabled for two weeks. Carried Unanimously. No. 432 - Chief Administrative Officer - Re: Ontario Basic Mapping Program - opportunity for the City of Niagara Falls to participate. The report recommends the following: 1) That the Ministry of Natural Resources be informed of the City's interest in taking advantage of the Province's offer of financial assistance in putting in place an Integrated Mapping System for this City. 2) That the firm of R. Blake Erwin &Matthews (soon to be Matthews & Cameron Ltd.) be invited to prepare a "Mapping Proposal", at no cost to the City, to support the City's application to the Province fo~ inclusion in the Program's fiscal year 1983 budget allocation. 3) That the Mapping Proposal, when completed, be brought back to Council for review and approval prior to being submitted to the Province for funding approval. ORDERED on the motion of Alderman Cummings, seconded by Alderman O~r, that the report be received and adopted. Carried Unanimously. No. 433 - Chief Administrative Officer - Re: The Buildings & Inspections Department, Report for July 1983. The report provides City Council with current information relative to permit 8tatistic8~ development proposals~ and other pertinent data. ORDERED on the motion of Alderman Cummings, seconded by Alderman 0rr~ that the report be received and adopted. Carried Unanimously. No. 434 - Chief Administrative Officer - Re: 6068 Drummond Road - Property Standards. The report provides information concerning action taken with regard to the subject property as well as improvements to the property~ and recommends that the information be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ninsperger~ tha~ the report be received and adopted. Carried Unanimously· - 7 - No. 435 - Recreation Commission - Re: 1982 Annual Report. The report provides information concerning recreational activities and facilities provided for Niagara Falls in 1982. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and filed, and further, that appreciation be conveyed to the Recreation Board, Volunteers and the Recreation Department. Carried Unanimously. No. 436 - Chief Administrative Officer - Re: Purchase of new Ice Resurfacer for the Niagara South Arena. The report recommends that the City of Niagara Falls purchase an Icemaster SP/83 Mark II ice resurfacing machine from Arenaquip Limited of Oakville, Ontario at the quoted price of $22,459.45 (P.S.T. included). ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 100. No. 437 - Chief Administrative Officer - Re: Contract L.I. 17-83 - Local Improvements, Sanitary Sewer Installation on Mountain Road and Portage Road. The report recommends that the unit prices submitted by the low tendeter, Provincial Construction (Niagara Falls) Limited for Contract L.I. 17-83, be accepted by Council. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 101. See By-law No. 83-174. No. 438 - Chief Administrative Officer - Re: Pavement markings at stop signs. The report provides information concerning intersection approaches at stop signs which had pavement markings placed by nearby residents, and recommends that the report be received and filed. The Traffic & Construction Engineer provided additional information at the request of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 439 - Chief Administrative Officer - Re: Speeding on Harriman Street. ~e report recommends that a by-law be prepared to allow the erection of stop signs on Harriman Street at its intersection with Wiltshire Boulevard. It is further recommended that this by-law remain in effect until the end of October pending further investigation. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 440 - Chief Administrative Officer - Re: Intersection of Walnut Street and Ellen Avenue. The report recommends that the necessary by-law be prepared to allow a stop sign in place of the existing yield sign at this intersection. It was noted that Regional approval would be required on this matter. ORDERED on the motion of Alderman Keighan~ seconded by Alderman Janvary~ that the report be received and adopted. Carried Unanimously. No. 441 - Man'icipal Works Committee - Re: Municipal Works Department Organization Study. The report recommends that the firm of Eric Hardy Consulting Limited be authorized to carry out a review of the supervisory functions of the Municipal Works Department at a cost of $88.00 per hour with an upset fee of $8,000.00 whichever is lees. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. No. 442 - Chief Administrative Officer - Re: 1983 Hot Mix Asphalt Patching - Contract A.C. 18-83. The report recommends that the unit prices submitted by the low tender, Hard Rock Paving Ltd., be accepted for the above matter. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 102. See By-law No. 83-171. -8 - No. 443 - Chief Administrative Officer - Re: Tree removal - 4768 St. Lawrence Avenue. The report provides information regarding actions taken concerning the petition to remove the subject tree, and recommends that acopy of the report be forwarded to the petitioners. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. No. 444 - Chief Administrative Officer - Re: Revision of Telephone Systems at the City Hall, Fire Stations, Recreation Building & Service Centre. The report recommends that Council adopt the by-laws appearing on this evening's agenda to ratify the rate stability contracts and the purchase agreement with Bell Canada for the new telephone systems. Alderman Hinsperger declared a conflict of interest by reason of being an employee of Bell Canada. ORDERED on the motion of AIderman Kerrio, seconded by Alderman Somerville, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict previously recorded, and all others voting in fayour. See By-laws No. 83-168, No. 83-169 and No. 83-170. No. 445 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends payment of the municipal accounts in the aggregate amount of $6~188,987.47 for the two week period ending August 15th, 1983. Alderman Hinsperger declared a conflict of interest on Cheques ~19408 and ~19521 by reason of being an employee of the company. Additional information was provided on Cheques #19404, 19420, 19449, 19514, 19516, 19533, 19564, 19565, 19568, and 19620. During the discussion a report was requested concerning the maintenance of the "gazebo' situated at Queen Street and River Road. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque numbers previously recorded, and all others voting in fayour. RESOLUTIONS No. 99 - KERRIO - MERRETT - RESOLVED that the unit prices submitted by Stephens and Rankin Inc. and Decew Crafts Inc., for Contract B.C. 2-83 - W]]irlpool Road Bridge over the B.E.P.C. Canal, be accepted at the low tendered p~ice of $833,219.85; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 100 - KEiGHAN - HINSPERGER - RESOLVED that the unit prices submitted by Arenaquip Limited of Oakrills, Ontario, for the purchase of an Icemaster SP/83 Mark II, ice resurfacing machine, be accepted at the low tendered price of " $22,459.45 (P.S.T. included); AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 101 - KEIGHAN - HINSPERGER - RESOLVED that the unit prices submitted by Provincial Construction (Niagara Falls) Limited for Contract L.I. 17-83, for Local Improvements, Sanitary Sewer Installation on Mountain Road and Portage Road, be accepted at the low tendered price of $109,085.90; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 102 - KERRIO - HINSPERGER - RESOLVED that the unit prices submitted by Hard Rack Paving Ltd., for Contract A.C. 18-83 - 1983 Hot Mix Asphalt Patching, be accepted a~ the low tendered price of $15,904.00; AND the Seal of the Corporation-be hereto affixed. Carried Unanimously. -9- BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that leave be granted to introduce the following by-laws and the by-laws be read a first time: No. 83-168 - A by-law to authorize an agreement with Bell Canada for the purchase of telephone equipment for the Morrison Street Fire Hall at 5815 Morrison Street. No. 83-169 - A by-law to authorize a rate stability contract with Bell Canada for the installation and maintenance of telephone equipment at City Hall, 4310 Queen Street. No. 83-170 - A by-law to authorize a rate stability contract with Bell Canada for the installation and maintenance of telephone equipment at the Service Centre, 3200 Stanley Avenue. No. 83-171 - A by-law to authorize the execution of an agreement with Hard-Rock Paving Company Limited for the application of the 1983 hot mix asphalt patching at various locations. No. 83-172 - A by-law to authorize the execution of an agreement with Stephens and Hankin Inc. for the construction of the Whirlpool Bridge over the Hydro Canal. No. 83-173 - A by-law to authorize the closing and conveyance of part of Whirlpool Road and the establishment of other lands as part of Whirlpool Road. No. 83-174 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for sanitary sewer installation on Portage Road and Mountain Road. No. 83-176 - A by-law to provide monies for general purposes. The motlob Carried with Alderman Hinsperger abstaining from the vote on conflict .of interest on No. 83-176, recorded ~n Report No. 445, and on By-law numbers 83-168, 83-169, and 83-170, by reason of being an employee of the Company, and all others voting in favour. ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio, that the following by-laws be now read a second and third time: No. 83-158 - A by-law to adthorize an agreement with Bell Canada for the purchase of telephone equipment for the Morrison Street Fire Hall at 5815 Morrison Street. No. 83-169 - A by-law to authorize a rate stability contract with Bell Canada for the installation and maintenance of telephone equipment at City Hall, 4310 Queen Street. .No. 83-170 - A by-law to authorize a rate stability contract with Bell Canada for the installation and maintenance of telephone equipment at the Service Centre, 3200 Stanley Avenue. No. 83-171 - A by-law to authorize the execution of an agreement with Hard-Rock Paving Company Limited for the application of the 1983 hot mix asphalt patching at various locations. No. 83-172 - A by-law to authorize the execution of an agreement with Stephens and Rankin Inc. for the construction of the Whirlpool Bridge over the Hydro Canal. No. 83-173 A by-law to authorize the closing and conveyance of part of Whirlpool Road and the establishment of other lands as part of Whirlpool Road. No. 83-174 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for sanitary sewer installation on Portage Road and Mountain Road. · 10 - lO - No. 83-176 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on conflicts of interest previously recorded, and all others voting fayour. NEW BUSINESS OFFICIAL OPENING - FIREMEN'S PARK EXTENSION Alderman Cummings referred to a letter dated August 5th, 1983, from the Stamford Centre, Volunteer Firemen's Association, advising of the official opening of the Firemen's Park Extension, on September llth, 1983, and inviting the support and participation of Council together with family members. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that the communication be received and filed and as many members of Council as possible attend the event. Carried Unanimously. WALKWAY - MONTROSE ROAD TO ASCOT WOODS SUBDIVISION Mayor Thomson referred to a communication dated August llth, 1983, from ~s. Linda Botbyl, which reviewed the unsafe conditions of the walkway from guntruss Road to Ascot Woods Subdivision, for the students attending Greendale School. ORDERED on the motion of Alderman 3anvary, seconded by Alderman Kerrio, that the matter be referred to staff for investigation and a report as soon as possible. Carried Unanimously. BLUEPRINT FOR WASTE MANAGEMENT IN ONTARIO Mayor Thomson referred to the handout information regarding the Information Session on Blueprint for Waste Management scheduled for August 26th, 1983 in the Regional Building of the Regional Municipality of Niagara. ATLANTIC COAST HOCKEY LEAGUE Mayor Thomson referred to previous contacts, together with a discussion prior ~o'this meeting, regarding a proposal to locate an Atlantic Coast Hockey League in the City of Niagara Falle~ with very basic informatioa having been received concerning this matter. Alderman Cummings discussed the prior contacts concerning the proposal and the previously approved ice schedule for the Arena. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger~ that the proposal of the Atlantic Coast Hockey League could not be considered at the present time, because of the previusly arranged ice schedule and time shortage, but could be reconsidered at a future date. Carried Unanimously. UPDATE REPORT - CIVIC COMMITTEE Alderman Janvary provided information concerning a Summer Theatre Group preview presentation entitled "The Boy Friend". BIRTHDAY CONGRATULATIONS Mayor Thomson and members of Council offered Birthday Congratulations Alderman Kerrio. It was moved by Alderman Puttick, seconded by Alderman Cummihgs, that the meeting adjourn. Carried Unanimously. HEAD AND MAYOR THIRTY-SECOND MEETING Committee Room #1 August 29, 1983 Council met on Monday, August 29, 1983 at 7:00 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Orr and Cheesman. Alderman Merrett presided as Chairman. Following consideration of the items presented the Committee of the Whole arose without reporting. READ AND ADOPTED, BRENNAN, MAYOR WAYNE THOMSON REGULAR MEETING Council Chambers August 29, 1983 Council met on Monday, August 29, 1983 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Aldermen Orr and Chessman. His Worship, Mayor Thomson presided as Chairman. Alderman Kerrio offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by AIderman Hinsperger that the minutes of the meeting held August 15th, 1983, be adopted as printed. Carried Unanimously. DEPUTATION MR. BOB AUGER - CHIPPAWA FLOODING Mr. Bob Auger was granted permission to address Council on the motion of Alderman Hinsperger, seconded by Alderman Baker. Mr. Auger addressed Council concerning the recent flooding in the Chippawa area, advising that residents in the area had received communications from the City's Insurance Company with the information that the City was not liable and the claims of the residents with respect to the flooding were denied. Mr. Auger requested answers to the following questions: 1) Did the Insurance Company notify the City of the intention to deny the claims? 2) By what means did they investigate? How can they say the City's not liable and the claims denied if the City does not know why the homes were flooded? 3) In their letters to the residents the Insurance Company did not say why the City was not liable and the residents would like to know their findings. 4) Was the upgradtng work outlined in a report done July 1981t which "provides Protection" against basement flooding for "at least" the 2 year frontal storm cenditiunt implemented? 5) Can Council explain what was done? 6) Does the Chippawa Pumping Station have "sufficient capacity" to. discharge the peak wet weather flows for a "2 year storm"? 7) Were catch basins which had been connected to the sanitary sewer system, disconnected? 2 8) Was the Sarah Street overflow to the Little Mississippi eliminated? 9) Were the monitoring stations, placed in Chippaws for the period May 23 to July 3, 1983, to record the water flow, installed subsequent to the five holding tanks, to ascertain if a change took place? 10) Could Alderman Kerrio provide further information concerning the installation of sewer check valves; and if a decision was made to install the valves, would the City provide the service? 11) Will it cost the taxpayers another $40,000. for the re-study by Paul Theil and Associates? 12) Could the residents obtain a copy of the findings concerning the investigation by the City of the July 1983 flood? The Chief administrative Officer explained the City's procedure regarding the claims. Me advised Mr. Auger that the settling of claims is the responsibility of the Insurance Company. It was suggested that if the Insurance Company had made a decision in the matter, any questions concerning liability should be directed to the Insurance Company. Alderman Kerrio advised that the installation of shutoff valves would help in avoiding the problem. He advised of the special meeting of the Municipal Works Committee which has been arranged to discuss the situation. Mayor Thomson gave assurance that the City had not received a report from the Insurance Company, that the City was still investigating the problem and therefore the required information was not presently available. Mr. Auger was advised that he, and all interested residents, could attend the upcoming Municipal Works Con~ittee meeting, scheduled for September 12, '1983, at 4:00 p.m. -AND - MR. J. JACKSON - FLOODING - DOREEN DRIVE Mr. J. Jackson was granted permission to address Council on the motion of Alderman Kerrio, seconded by Alderman C-mmtngs. Me discussed the recent flooding problem on Doreen Drive and Pettit Avenue. Mr. Jackson referred to a meeting held 3 years ago, with publicity in the local newspaper on June 24, 1980, which referred to a resolution to the problem of flooding. He discussed the combination sewer in the area. Mr. Jackson advised that the street had not been cleaned since the flooding, although a request for street cleaning had been made to the City. He referred to Insurance Companies which give coverage for sewer beck-up and suggested the possibility of a "package deal" for Chippawa to cover damage for sewer backup. The Maintenance & Operations Engineer advised that he would investigate the delay in the clean-up of Doreen Drive. Mayor Thomson suggested that all information concerning flooding should be included in the discussion at the aforementioned Municipal Works Committee meeting. He assured several other interested residents that all information concerning the problem would be available to the public, UNFINISHED BUSINESS NIAGARA SOUTH BOARD OF EDUCATION Communication No. 292 - Niagara South Board of Education - Re: Possible Escalation of Education Costs. The communication refers to a request from City Council concerning the salary schedule for employees, and advises that accurate information regarding Principalss salaries is unavailable at present, but will be forwarded for public press release. The communication refers further to the availability of Trustees for discussion of the Boardss budget, The Chief Administrative Officer provided background information concerning this communication, ORDERED on the motion of Alderman Keighan, seconded by Alderman C-mmings that the communication be received and filed, and further, that the Chief Administrative Officer be instructed to redirect the questions concerning salary schedule to the Nlagara South Board of Education. The motion Carried on the following votes AY!h Aldermen Coville, CumminSs, Janvary, KeiShan, Kerrio, Merrett, Puttick, and Somerville. NAYE~ Aldermen Bakers and HtnsperSer, " -3- ZONING AMENDb~NT APPLICATION AM-3/83 - AND - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 431 - Chief Administrative Officer - Re: Zoning amendment application AM-3/83 (Reese's Inn Limited). The report recommends that Council approve the application subject to the concerns of the City's Engineering Department being satisfactorily resolved. The City Clerk advised that all interested persons had been notified of the meeting. Mr. J. B. Hopkins, Solicitor for the applicant, replied to questions raised regarding the proposed structure. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No 83-175. REN~24ING A PORTION OF NIAGARA ROAD (McLEOD ROAD) - b~.RINELAND PARKWAY - AND - LETTER FROM THE REGIONAL MUNICIPALITY OF NIAGARA- Communication No. 293 - The Regional Municipality of Niagara - Re: Renaming of a portion of Niagara Road 49(McLeod Road). The communication advises that a by-law has been passed by Regional Council renaming the subject road to Marineland Parkway. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. WHIRLPOOL ROAD BRIDGE OVER H.E.P.C. CANAL - CONTRACT S.C. 2-83 - AND - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 446 - Chief Administrative Officer - Re: Contract B.C. 2-83 - Whirlpool Road Bridge over H.E.P.C. Canal. The report recommends that the by-law appearing on tonight's agenda, which authorizes a contract with Stephens and Rankin Inc. only for Contract B.C. 2-83, be approved. ORDERED on the motion of Alderman Janvary, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. See Resolution No. 107 See By-law No.83-184. COMMUNICATIONS No. 294 - Ministry of Transportation & Communications - Re: Problem with Provincial & Municipal handling of handicapped parking permits. The communication refers to previous correspondence concerning the need for public awareness and clarification with regard to special parking programs, and further advises that an educational pamphlet on the disabled symbol plates is being developed by the Ministry. The communication provides information regarding the Ministry's program related to the subject. Alderman Janvary advised that the Niagara Falls Special Needs Council will be advised of the commUniCation. ORDERED on the motion of Alderman C,,mmtngs, seconded by Alderman Keighan, that the communication be received and filed, and that a copy be forwarded to the Social Planning Council. Carried Unanimously. No. 295 - Ministry of the Environment - Re: Blueprint for Waste Management in Ontario. The communication explains the Public Participation Program developed by the Hinistry. ORDEKED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that the communication be received and referred to staff for a report on Countills comments, Carried Unanimously. No. 296 - City of Stratford - Re: General Welfare Assistance. The communication requests Council to endorse a Resolution that the Province of Ontario be requested to assume 100% of the cost of General Welfare Assistance. ORDERED on the motion of Alderman C,,mmings, seconded by Alderman H'insperger, that the communication be received and the Resolution endorsed. Carried Unanimously. J -4- No. 297 - Dave Hagan, Unemployed Workers Coalition of Niagara Falls - Re: Reduced Bus Rates for Unemployed. The communication expresses appreciation to Council and Niagara Transit regarding reduced bus rates for the unemployed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the communication be received and filed. Carried Unanimously. No. 298 - Ministry of Industry, Trade & Co~unerce - Re: ILAP Program. The communication advises that Parliament has approved the new Industrial and Regional Development Program to be applied across Canada, and that Niagara Falls is eligible for assistance under this program. ORDERED on the motion of Alderman C-mmtngs, seconded by Alderman Merrett, that the communication be received and filed. Carried Unanimously. No. 299 - Regional Niagara, Land Division Committee - Re: Statistical Report - January 1 - June 30, 1983. The communication encloses a copy of the subject Statistical Report. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Somerville, that the communication be received and filed. Carried Unanimously. No. 300 - Federation of Canadian Municipalities (FCM) - Re: Submissions to the Royal Commission on the Economic Union & Development Prospects for Canada. The communication attaches a brochure entitled "A Commission on Canada's Future", and advises that indications of interest in making submissions to the Commission should be made as soon as possible. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 301 - Lanadale Kewley - Re: Nuisance of Goats on Adjoining Property. The communication expresses concern regarding the odour and fly problems being caused by the keeping of goats on an adjacent property, advises that the Health Department is unable to resolve the situation, and requests that Council take action to alleviate the problem. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hineperger, that the communication be received and referred to staff. Carried Unanimously. No. 302 - Margaret Valentine - Re: Nuisance of Goats on Adjoining Property. The communication expresses concern the unpleasantness and health problems caused by a neighbour's goats. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that the communication be received and referred to staff. Carried Unanimously. AYE: NAYE: Aldermen Cummings, Hinsperger, Janvary, Keighan, Kerrio, Merrett, and Somerville. Aldermen Baker, Coville, and Puttick. No. 306 - The Royal Canadian Legion (Ont. No. 51) - Re: Request Parade Permit. The communication requests a parade permit for Sunday, September 25, 1983. ORDERED on the motion of Alderman Somerville, seconded by Alderman Hinsperger, that the request be approved subject to the approval of other authorities. Carried Unanimously. No. 307 - Niagara Falls, Jaycees & Chamber of Commerce - Re: Parade Permit for Santa Claus Parade. The communication requests a parade permit for the Santa Claus Parade to begin The Festival of Lights on November 26, 1983. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to the approval of other authorities. Carried Unanimously. No. 308 - Greater Niagara Big Brothers Association Inc. - Re: "Big Brother Week". The communication requests that Council proclaim the week of September 26th, to October 2nd, 1983, as "Big Brother Week". ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the request be approved in principle subject to established policy, and further that the activitiee planned by the Association for the week be approved. Carried Unanimously. No. 309 - Niagara Square - Re: Helicopter at the Square. The communication requests the permission of Council to land a helicopter at the Square on Saturday, November 12, 1983 for the purpose of Santa's arrival. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to approval of the Ministry of Transportation & Communications. Carried Unanimously. REPORTS No. 447 - Chief Administrative Officer - Re: Proposed Closing of Walkway 46(2) between Rainbow Crescent and Jubilee Drive. The report recommends that Council take the following action with respect to the proposed closing of the public walkway between Rainbow Crescent and Jubilee Drive: No. 303 - Regional Niagara Police Association - Re: 12th Annual Invitational All Police Fastball Tournament. The communication advises of the upcoming tournament and requests a Special Occasion Permit. ~ OREBRED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, [ that the request of the Regional Niagara Police Fastball Team for a Special Occasion Permit for the 12th Annual Invitational All Police Fastball Tournament to be held on September 9, 10, and 11, 1983, at Ker Park, be approved, subject to the approval of the Regional Niagara Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing ~ that Board of Ontario. Carried Unanimously. No. 304 - Niagara Falls Family Y.M.C.A. - Re: Provincial Slo-pi~ch Play-Offs. The communication advises of the Provincial Slo-pitch Play-Oils and requests.a Special Occasion Permit. ORDERED on the motion of Alderman Merrett, seconded by Alderman Coville, that the request of the Niagara Falls Family Y.M.C.A. for a Special Occasion Permit for the Provincial Slo-pitch Play-Offe to be held on September 8s 9, 10, and 11, 1983s at Palmar Park, be approveds subject to the approval of the Regional Niagara Police Departments the Niagara Falls Fire Department, the Niagara District Health Units and the Liquor Licensing Board of OntariO. -Carried Unanimously. No. 305 - City of Thunder Bay - Re: Request endorsation of Resolution. The communication requests Council to endorse a Resolution that the L.L.B.O, he advised thgt the City of Thunder Bay objects to the proposal to extend the hours of operation of alcohol service establishments to 2:00 a.m. ORDERED on the motion of Alderman C,,--sings, seconded by Alderman Hinsperger, that the communication be received and filed, and further, that the City of Thunder Bay be advised of the reasons for the denial. The-motion Carried on the followinS vote: 1) Pass the by-law appearing on tonight's agenda to authorize an agreement with the abutting owners respecting the sale of parts of the walkway when closed. 2) Authorize the City Solicitor to instruct R. J. Matthews, O.L.S. to undertake the preparation and deposit of a reference plan in the Land Registry Office showing the walkway divided into four parts. 3) Authorize the City Solicitor to proceed with the publication in the Niagara Falls Review of the required road closing notice. ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio, the report be received and adopted. Carried Unanimously. See By-law No. 83-187. No. 448 - Chief Administrative Officer - Re: Lots 24 and 25 - Falls Industrial Park Extension. The report recommends the following: 1) That Council authorize the sale of Lots 24 and 25, Registered Plan M-67, to 516928 Ontario Limited (operating as Niagara Industrial Instruments) at the purchase price of $24,149., with a closing date of September 15, 1983, subject to the purchaser entering into an Agreement of Purchase and Sale. 2) That Council enact the by-law which appears on tonight's agenda to authorize the sale of the two lots to this firm. ORDERED on the motion of Alderman Keighan, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. See By-law No. 83-189. No. 449 - Chief Administrative Officer - Re: Zoning Amendment application AM-13/83 and Official Plan amendment No. 142. (Birchcliffe Nursing Home Ltd.). -6- The report recommends that Council approve the application. Mr. Wm. Mitchell, the builder, replied to questions raised. He advised that that a study had recently been completed by a responsible financial firm, that the proposed Senior Citizens Lodge would be in a different financial range than that of the Salvation Army Eventide Home and would fill a special need based on statistical comparison in the St. Catharines area. Mr. Mitchell further stated that this group of citizens desires to be "part of the community". During a discussion regarding the possible future construction of sidewalks, Mr. Mitchell advised that he was unable to accept responsibility for the owner in this matter. Mr. Henry Badger, a resident of the area, expressed opposition to the proposed Senior Citizens Lodge and indicated the possibility of this becoming a nursing home. He stated that other business people in the area were generally in agreement with his views. Mayor Thomson advised that objections could stimulate an O.M.B. Hearing. Mr. Mitchell explained the terms of Nursing Homes as opposed to a Senior Citizens Hostel. Council members indicated that restrictions under the site plan agreement should include the construction of sidewalks and the recommendation in the report should contain the clause "suhJect to site plan approval". ORDERED on the motion of Alderman C,,mmtngs, seconded by Alderman Kerrio, that the report be received and adopted subject to site plan approval. The motion Carried on the following vote: AYE: Aldermen Baker, Coyills, C,,mmtngs, Hinsperger, Janvary,s Kerrio, Puttick, and Somerville. NAYE: Aldermen Ketghan, and Merrett. See By-law No. 83-178 and By-law No. 83-179. No. 450 - Chief Administrative Officer - Re: Regulation of Household Sales - Yard and Garage Sales. The report recommends the following: 1) That Council consider enacting a by-law to regulate the operation of "yard" and garage sales. 2) That if Council concurs with Recommendation (1), staff be authorized to prepare a by-law for consideration at the next meeting of Council. A brief discussion ensued and it was generally agreed that the report should be amended to include the number of sales to 3 occasions per year. ORDERED on the motion of Alderman CnmmingS, seconded by Alderman Kerrio, that the amended report be received. The motion 6arried on the following Vote: AYE: NAYE: Aldermen Baker, Coville, C~,mm~ugs, Hinsperger, Keighan, Kerrio, Puttick, and Somerville. Aldermen Janvary, and Nerrett. No. 451 - Chief Administrative Officer - Re: Lion's Outdoor Rink. The report recommends that the firm of DelCan be hired to provide the engineering services in connection with the remedial work required on the refrigeration piping at Lion's Outdoor Rink for a fee of $2,450.00. Alderman Cummings declared a conflict of interest as an employee of a"~ firm involved. ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that the report be received and adopted, The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest pre~iously recorded and all others voting in layout, See Resolution No, 103 No. 452 - Chief Administrative Officer - Re: 4822 Lyons Creek Parkway - Mr. AJandi. The report recommends that Mr. AJandi be advised that the by-laws of the City of Niagara Falls do not allow for the issuance of a building permit on his property known as 4822 Lyons Creek Parkway. ORDERED on the motion of Alderman Somerville, seconded by Alderman Coville, that the report be received and adopted, Carried Unanimously. -7- No. 453 - City Clerk - Re: Unopened Road Allowance between the Town of Niagara-on-the-Lake & the City of Niagara Falls. The report recommends that the request of Mr. C. S. Cornell for permission to cross the City's half of the unopened road allowance lying between the City of Niagara Falls and the Town of Niagara-on-the-Lake be approved, subject to the conditions contained in the report. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Janvary, that the report be received and approved. Carried Unanimously. See By-law No. 83-190. No. 454 - Chief Administrative Officer - Re: Sale of Part of Unopened Portion of Leonard Avenue at Division Street. The report recommends that a part of unopened portion of Leonard Avehoe be conveyed to Mr. Sam Fiore for $1,100.00. ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 455 - Chief Administrative Officer Re: By-law to authorize the Reconstruction of Main Street from Delaware Street to Stanley. The report recommends the following: 1) That Council hear any person who claims that his land will be prejudicially affected by By-law 82-247, appearing on tonight's agenda, to authorize the above works. 2) Subject to there being no valid objections, that By-law 82-247 be given a third reading and he passed by Council. In reply to questions raised by Mr. Z. Jovanovic of the Lincoln Motel, and Mr. David Jovanovic representing The Happy Wanderer Motel, the Acting Director of Municipal Works advised that construction should begin in the fall of 1983 and he completed in the spring of 1984. The Traffic & Construction Engineer replied to questions raised with regard to transferlug the utilities to underground services. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hinsperger that the report be received and adopted, and further that a report concerning underground services be received at the next meeting of Council. Carried Unanimously. See By-law No. 82-247. No. 456 - Chief Administrative Officer - Re: Proposed 1983 Local Improvement By-law. The report recommends the following: 1) That the sufficiently signed petition, for curb construction, received on March 10, 1983, and revised on April 18, 1983, from the residents of Barker Street, between Dorchester Road and Brookfield Avenue, be added to the 1983 Local Improvement Program; and 2) That Council give two readings to the proposed by-law on tonight's agenda to authorize the construction of certain works as local improvements under Section 12 of the Local Improvement Act. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-law No.83-177. No. 457 - Chief Administrative Officer - Re: Construction of Curbs & Gutters and Top Asphalt in the Charnwood Subdivision - Contract R.C. 19-83. The report recommends that the unit prices submitted by the low tender, Stephens and Rankin Inc.~ be accepted as per DelCan. DeLeuw Cather, Canada Ltd., Consulting Engineer's recommendation. ORDERED on the motion of Alderman Keighan, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. See Resolution No.104. See By-law No. 83-185. No. 458 - Chief Administrative Officer - Re: Lease Agreement with Ministry of Transportation and Communications. The report recommends that the by-law appearing later on the Agenda, authorizing a Lease Agreement with the Ministry of Transportation and Communications be passed. -8- ORDERED on the motion of Alderman Keighan, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 83-186. No. 459 - Chief Administrative Officer - Re: Burning Springs Hill - Transfer of a portion of the Road to The Niagara Parks Commission. The report reconmends that the portion of Burning Springs Road immediately adjacent to Portage Road, which is currently under the Jurisdiction of the City, be transferred to the Niagara Parks Commission. ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrlo, that the report be received and tabled for two weeks for further information. Carried Unanimously. Alderman Cummings declared a conflict of interest on Cheque No. 19786 by reason of membership in the Association; and on Cheque 19794 by reason of employment with the Company. Alderman Puttick declared a conflict of interest on Cheque No. 19639, being the person involved. Additional information was provided concerning Cheques No. 19656, 19777, and 19872. ORDERED on the motion of Alderman Kerrin, seconded by Alderman Merrett, that the report be received and adopted. The motion Carried with Aldermen Hinsperger, Cummings, and Puttick abstaining from the vote as previously recorded, and all others voting in favour. No. 460 - Chief Administrative Officer - Re: Thorold Stone Road Reconstruction - Phase I, Storm Sewer Cost Sharing. The report recommends that the City's share of the storm sewers to be constructed in conjunction with the Phase I Thorold Stone Road reconstruction, estimated at $71,100., be financed from the 1983 current bedget - Contribution to Capital Funding. ORDERED on the motion of Alderman Kerrin, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 461 - Finance Committee - Re: August 15th, 1983 Finance Committee Reports: The report recommends that Council endorse the following actions: 1) Mush Ball Tournament Arena Fee - That the request from the Greater Niagara General Hospital United Way Campaign to waive the $600 arena rental fee for their Mush Ball Tournament on August 27th be denied. 2) Niagara Regional Exhibition Advertisement - That no advertisement be taken in the Niagara Regional Exhibition program. 3) OV Provincial Sin-Pitch Champions Advertisement - That no advertisement be taken in the OV Provincial Sin-Pitch Championships program. 4) Legal Expense Insurance Regarding Conflict of Interest for Council - That the City purchase legal expense insurance for members of Council at a cost of $40 per member. 5) Shriner's Creek Cost Sharing Increase - That the City commit an additional amount of $76,156 from the expansion and renewal reserve fund in respect to the City's share of Shriner's Creek Project. 6) Six Month Statement of Revenue & Expenditure - That Council review and file the six month statement of revenue and expenditure. 7) Adopt the by-law on this evening's agenda regarding the dollar increase in the City's share of the Shriner's Creek Project. Alderman Herrerr declared a conflict of interest on Item No. 4 since he has interest in an Insurance company. Under Item #4, the members opted for the broader form of the specified type of insurance with each member to pay the additional $10.00 annual premium to bs deducted from their Council remuneration. ORDERED on the motion of Alderman Kerrin, seconded by Alderman Ninsperger, that the amended report be received and adopted. The motion Carried with Alderman Merrett abstaining from the vote on Item No. 4 as previously recorded; Alderman Keighan opposed on Item No. 1, and all others voting in layout. See By-law No. 83-188. No. 462 - Chief Administrative Officer - Re: Purchasing Policies and Procedures. The report recommends that the information contained therein be received and filed. ORDERED on the motion of Alderman Merrett, seconded by Alde~man.C-mmings, that the report be received and adopted. Carried Unanimously. A brief discussion ensued regarding inventory control. ORDERED on the motion of Alderman Keighan, seconded by Alderman Kerrins that the matter of inventory control be referred to staff for a report. Carried Unanimously. No. 463 -,Chief Administrative Officer Re= Municipal Accounts. The report recommends payment of the accounts in the aggregate amount of $1J77s667.74 for ~the two week period ending August 29, 1983. Alderman Hinsperger declared a conflict of interest on Cheques--No. 19649, 19773s 19774s and 19803, by reason of amployment with the Company, No. 464 - Mayor Wayne Thomson - Re: Application of Cyanamid Canada Inc. for a Natural Gas Feed Stock Rate in respect to its operations in the City of Niagara Falls. The report recommends that Council endorse a resolution requesting the Ontario Energy Board to give favourable consideration to an application of Cyanamid Canada Inc. for a Natural Gas Feed Stock rate as it applies to Cyanamid's operation in the City of Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See Resolution No. 105 No. 465 - Chief Administrative Officer - Re: Extension of draft plan approval' - S.B.K. Management Inc. subdivision (formerly Augurusa), File No. 26T-76098. The report recommends that a Council resolution supporting a further one year extension of draft plan approval for the above subdivision be forwarded to the Ministry of Municipal Affairs and Housing. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See Resolution No. 106 No. 466 - City Clerk - Re: AM-9/83 - Objections to Zoning Amendment By-law No. 83-153 - Dino DiCienzo - Colonial Inn, Victoria Avenue. The report recommends that Council reaffirm its approval of the By-law and direct the City Clerk to forward the application and letters of objection to the Ontario Municipal Board and request a date for a hearing. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 97 - CUMMINGS - COVILLE - Re: Prostitution. The Resolution which was adopted by City Council on August 2nd, 1983, was presented by Alderman Puttick at the recent A.M.O. Conference in Toronto and received the support of the Association. Alderman Puttick advised that Mrs. Riddell and Mr. Barrett, of Welland, had arranged to get the Resolution on the floor of the Convention. ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that the information be received, and that letters of appreciation be forwarded to Mrs. Ivy Riddell, and Mr. Dave Barrett. Carried Unanimously. No. 103 - PUTTICK - MERRETT - RESOLVED that the unit prices submitted by DelCan to provide engineering services in connection with the remedial work required on the refrigeration piping at Lion's Outdoor Rink, be accepted for a fee of $2,450.00; AND the Seal of the Corporation be hereto affixed. The motion ~arried with Alderman Cummings abstaining from the vote on a conflict of interest recorded in Report No. 451, and all others voting in favour. No. 104 - KEIGHAN - RERRI0 - RESOLVED that the unit prices submitted by Stephans and Rankin, Inc. for Construction of Curbs & Gutters and Top Asphalt in the Charnwood Subdivision - Contract R.C. 19-83, be accepted at the low tendered price of $153,333.50; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 105 - CUMMINGS - NERRETT - RESOLVED that the Council of the City of Niagara Falls endorse an application of Cyanamid Canada Inc. for a Natural Gss Feed Stock rate as it applies to Cyanamid~s operation in the City of Niagara Falls. AND the Seal of the Corporation be hereto affixed. Carried Unanimously. j. - 10 - No. 106 - JANVARY - CUMMINGS - RESOLVED that the Council of the City of Niagara Falls supports a further one year extension of draft plan approval for the S.B.K. Management Inc. Subdivision (formerly Augurusa), File No. 26T-76098, and that the Ministry of Municipal Affairs and Housing be so advised; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 107 - JANVARY - KERRIO - RESOLVED that the unit prices submitted by Stephens and Rankin Inc. only for Contract B.C. 2-83 - Whirlpool Road Bridge over the H.E.P.C. Canal, be accepted at the low tendered price of $833,219.85; AND the Seal of the Corporation be hereto affixed. Carried Unanimously, BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the following by-law be now read a third time: No. 82-247 - A by-law to authorize the reconstruction of Main Street from Delaware Street to Stanley Avenue. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that leave be granted to introduce the following by-law and the by-law be read a first and second time: No. 83-177 - A by-law to authorize the construction of certain works as local improvements under sectlon 12 of the Local Improvements Act. Carried Unanimously. ORDERED on the motion of Alderman Herrerr, seconded by Alderman Keighan, that leave be granted to introduce the following by-laws and the by-laws be read a first time: No. 83-175 - A by-law to amend By-law No. 79-200, as amended by By-law No. 80-249. (Reese~s Inn). No. 83-178 No. 83-179 No. 83-180 No. 83-181 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Palls Planning Area. (Birchcliffs). - A by-law to amend By-law No. 79-200, as amended. (Birchcliffs). - A by-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections~ (Walnut & Ellen). - A by-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at tntersections.(Harriman & Wiltshire). No. 83-182 - A by-law to authorize the execution of an agreement with Eric Hardy Consulting Limited. No. 83-183 - A by-law to authorize the execution of an agreement with Candace Marie Paris and Dennis James Paris. No. 83-184 - A by-law to authorize the execution of an agreement with Stephens and Rankin Inc. for the construction of the Whirlpool Bridge over the Hydro Canal. No. 83-185 - A b}"-law to authorize the execution of an agreement with Stephens and Rankin Inc. for the construction of curb and gutter, sidewalks and top asphalt iu Charnwood Subdivision. No. 83-186 - A by-law to authorize the execution of an agreement with Her Majesty the Queen in Right Of the Province of Ontario as · represented by the Minister of Transportation and Communications, No. 83-187 - A by-law to authorize the sale of parts of the public walkway between Rainbow Crescent end Jubilee Drive to abutting owners and an agreement with respect thereto. --- - 11 - No. 83-188 - A by-law to amend By-law No. 81-151, being a by-law to authorize a loan to the Niagara Peninsula Conservation Authority and to authorize the payment of funds out of the City's Expansion Renewal Fund for the Shriner's Creek Project. No. 83-189 - A by-law to authorize the sale of land in the Falls Industrial Park. (Lots 24 & 25). No. 83-190 - A by-law to authorize the granting of a right-of-way in favour of Olive Stewart Corneil and Carmen Stewart Cornell. No. 83-191 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Keighan and Merrett opposed on By-laws No. 83-178 and 83-179 as previously recorded in Report No. 449; with Alderman Keighan opposed and Alderman Herrerr abstaining from the vote on By-law No. 83-191 as previously recorded in Report No. 461; and all others voting in favour. ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 83-175 - A by-law to amend By-law No. 79-200, as amended by By-law No. 80-249. (Reese's Inn). No. 83-178 - A by-law to provide for the adoption of an amendment to the Official Plan of the Niagara Falls Planning Area.(Birchcliffe). No. 83-179 - A by-law to amend By-law No. 79-200, as amended.(Birchcliffe). No. 83-180 - A by-law to amend By-~aw No. 7531, being a by-law to provide for the erection of stop signs at intersections.(Walnut & Ellen). No. 83-181 - A by-law to amend By-law No. 753 1, being a by-law to provide for the erection of stop signs at intersections. (Harriman & Wiltshire). No. 83-182 - A by-law to authorize the execution of an agreement with Eric Hardy Consulting Limited. No. 83-183 - A by-law to authorize the execution of an agreement with Candace Marie Paris and Dennis James Paris. No. 83-184 - A by-law to authorize the execution of an agreement with Stephens and Rankin Inc. for the construction of the Whirlpool Bridge over the Hydro Canal. No. 83-185 - A by-law to authorize the execution of an agreement with Stephens and Rankin Inc. for the construction of curb and gutter, sidewalks and top asphalt in Charnwood Subdivision. No. 83'186 A by-law to authorize the execution of an agreement with Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Transportation and Communications. No. 83-187 - A by-law to authorize the sale of parts of the public walkway between Rainbow Crescent and Jubilee Drive to abutting owners and an agreement with respect thereto. No. 83-188 - A by-law to amend By-law No. 81-151, being a by-law to authorize a loan to the Niagara Peninsula Conservation Authority and to authorize the payment of funds out of the City's Expansion Renewal Fund for the Shriner's Creek Project. No, 83-189 - A by-law to authorize the sale of land in the Falls Industrial Park. (Lots 24 & 25). No, 83-190 - A by-law to authorize the granting of a right-of-way. in favour of Olive Stewart Cornell and Carmen Stewart Cornell, !2 No. 83-191 - A by-law to provide monies for general purposes. - 12 - The motion Carried with Aldermen Keighan and Merrett opposed on By-laws No. 83-178 and S'Fas previously recorded; with Alderman Keighan opposed and Alderman Merrett abstaining from the vote on By-law No. 83-191 as previously recorded; and all others voting in favour. NEW BUSINESS COMMUNITY RESOURCE BUILDING - AND - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 467 - Chief Administrative Officer - Re: Community Resource Building - Roof. The report recommends that Pec Roof Maintenance be awarded the contract to replace the roof on the lower portion at the rear of the building at a cost of $8,338.00. ORDERED on the motion of Alderman C-mmings, seconded by Alderman Kerrio, that the report be received and adopted..Carried Unanimously. ' '-' FENCING - SNOW FENCES - AND - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 468 - Chief Administrative Officer - Re: Fencing - Snow Fences. The report recommends that by-laws be prepared to limit the use of snow fencing in residential and commercial areas. ORDERED by Alderman Merrett, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. WHIRLPOOL ROAD BRIDGE and Alderman Keighan made reference to the matter of the Whirlpool Road Bridge submitted the following Resolution for consideration: "That City Council immediately cancel and withdraw itself from any and all offers made and/or commitments intended which would allow the Ontario Hydro Commission to bey its way out of, or circumvent, its responsibility under a 1926 Agreement to build, when needed, a new bridge over the Hydro Canal on the southerly end of Dorchester Road; and this cancellation to be effective whether or not the Mydro Commission eventually participates in the financing of the construction of the Whirlpool Bridge. It is further recommended that this decision be forwarded to the Premier of Ontario and the Ontario Hydro Commission, and that the City forego any further consideration in the whole bridge question with the Commission, pending a decision from the Premier on the matter of the Whirlpool Bridge." A lengthy discussion followed.concerning the Whirlpool Road Bridge. The Chief Administrative Officer reviewed the actions taken t~ date and stated that information would be required from the Planning and Engineering Departments together with cost estimates for 1926 compared with 1983. It was generally agreed by members of Council that negotiations concerning the matter were being pursued, A.M.O. REPORT Alderman Puttick presented a report of the A.H.O, Conference held recently in Toronto, He discussed the possibility of a Disaster Relief Fund for municipalities to assist with flood emergencies and requested that staff investigate this matter, Alderman Puttick suggested it was imperative that an efficient system of forwarding resolutions to A,M,0, for discussion at the Conference should be formulated, He referred to the cooperation between the A,M,O, and F,C,M, o. rganizations, Mayor Thomson expressed appreciation concerning the presentation of the Resolution with regard to the prostitution ~roblem, and the report of the Conference, DOCS IN CEMETERY Alderman Somerville advised that he had received a complaint resa_r_dinS doge ~- being allowed to .run loose in the Cemetery, ;.' ,'.. .... [, - 13 - ORDERED on the motion of Alderman Somerville, seconded by Alderman Kerrio, that the matter be referred to Staff for investigation and a report. Carried Unanimously. UNLICENSED AUTO BODY SHOPS Alderman Baker referred to a recent complaint concerning "backyard auto body shops" and "cut-rates", with which licensed Auto Body Shops cannot compete. Mayor Thomson advised that many complaints were being received with respect to this matter with subsequent investigations by Staff. ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that the matter be referred to Staff for investigation and a report. Carried Unanimously. CIVIC COMMITTEE UPDATE REPORT Alderman Janvary advised Council of the following upcoming events: 1) Tag Day, Saturday, September 3, 1983, sponsored by the Drop In Centre for furnishings; 2) The 1983 Jerry Lewis Telethon for Muscular Dyetrophy on Sunday, September 4, 1983. It was moved by Alderman Keighan, seconded by Alderman Merrett, that the meeting adjourn. Carried Unanimously. MAYOR WAYNE THOMSON L THIRTY-THIRD MEETING Committee Room #1 September 12, 1983 Council met on Monday, September 12, 1983 at 6:15 p.m. in Committee of the Whole. All members of Council were present. Alderman Chessman presided as Chairman. Following consideration of the items presented the Committee of the Whole arose without reporting. '~~~---CITY CLERK F~YOR WAYNE THOMSON Committee Rooms 2 & 3 September 12, 1983 Council met on Monday, September 12, 1983 at 7:20 p.m. for the purpose of considering Planning Matters. All members of Council were present. Mayor Thomson presided as Chairman. Alderman Somerville offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the n~tion of Alderman Janvary, seconded by Alderman Kerrio, that the minutes of the meeting held August 29th, 1983, be adopted as printed. Carried Unanimously. REPORTS - PLANNING MATTERS No. 469 (PD/70/83) - Chief Administrative Officer - Re: AM-11/83 - Zoning Amendment application - Proposed Apartment Building, east side of Montrose Road, South of Lundy's Lane - Applicant: Mr. P. Bordin. The report recommends that the application to amend the zoning by-law to permit the construction of a 14 unit Apartment building in an area presently zoned for Single Family Residential purposes be denied. [ The Planning Director discussed the procedure being followed under the new Planning Act, including the Notice of Public Meeting forwarded August 10th, 1983, to all interested residents, the applicant and his agent. He advised that a Technical Report had been circulated, and additional information had been available for inspection, together with a background, report on August 29th, 1983 in the Planning Department at City Hall. The Planning Director explained the proposal which was outlined in the Technical Report previously forwarded to Council. He presented a visual map demonstration to identify the subject area which is located on the east side Montroae Road, south of Lundy's Lane. of The City Clerk advised that no letters of objection had been received. Mrs. Margaret Pirosko, 6023 Montrose Road, submitted a petition signed by 58 residents of the area, opposing the zoning change from Residential to Multi-familyApartment Zoning. Mrs. Pirosko stated that she was representing members of her immediate family and residents of the area, some of whom were present. Decreased property values, increased traffic flow~ incompatability with surrounding development, and infringement on the privacy of residents adjacent to the subject property, were cited as reasons for opposing the zoning amendment. Mrs. Pirosko reviewed the present storm sewer drainage problems in the area, and suggested that this situation would increase if the proposed apartment building was completed. She stated that the residents '~eserve the right to live in single family residences promised by the City." amendment. Mr. S. Hoch, 6362 Galaxy Drive, discussed the drainage difficulties on his property in the area, and expressed opposition to the proposal and the zoning -2- 3 Mr. Harold Evans, 6112 Hontrose Road, advised that he had resided in his present residence since 1951 and had always encountered drainage problems. He expressed the view that the project should not be approved for Montrose Road. Mr. Pirosko, owner of the residence at 6023 Hontrose Road expressed opposition to the proposed 14 unit apartment building. Mrs. T. Btnschedler, 6033 Montrose Road, objected to the construction of a multiple housing unit being constructed on the subject property. Mr. G. Brooks, Solicitor representing Mr. Bordin, the applicant, advised that he had been unaware of the content of the recommendation by staff until just prior to the meeting. He requested a deferral of action in the matter in order that a presentation might be made on behalf of his client. Mr. Brooks was advised that Mr. Bordin might re-apply if he so desired. ORDERED On the motion of Alderman Puttick, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 470 (PD/68/83) - Chief Administrative Officer - Re: AM-12/83 - Zoning Amendment application - Retail store to be located on the existing Sunoco Gas Bar site, 6873 McLeod Road - Applicant: Sunoco Inc. The report recommends that Council approve the application to add a special provision to Zoning By-law 79-200 in order to permit the development of a compatible range of neighbourhood commercial uses in conjunction with the existing 8unoco gas bar operation located at 6873 McLeod Road, subject to the following conditions: 1) that the normal setback requirements of the existing AS Zone be maintained in order to protect adjacent residential properties; 2) that the range of uses permitted in conjunction with the existing gas bar operation be limited to a hake shop, personal service shop, retail store and service shop; 3) that the establishment of uses noted in Condition (2) be limited to 200 square metres of gross leasable floor area; 4) that engineering concerns regarding additional servicing, site drainage and lighting, etc. be resolved to the satisfaction of the Municipal Works Department in the Site Plan Control process. The Planning Director reviewed the proposal with a visual map presentation. Alderman Kerrio declared a conflict of interest by reason of owning property in the area. The City Clerk read letters of objection to the proposed Zoning By-law amendment which had been received from Peter J. Dirksen of Avondale Stores Ltd., and from Danny Saltsman of Dorchester Plaza. The communications opposed the zoning amendment, and suggested that the proposal wouldtduplicate services in the area with a detrimental effect on established businesses. Mr. R. L. Smith, Agent for the applicant, advised that an additional facility was required to create an economically viable location for Sunoco Inc. He stated that his company had hoped that the station would not require an additional facility. Mr. Smith further stated that if the station did not become economically viable, the alternative would be to sel1 it. He discussed the information contained in the Technical Report, and with reference to the recent traffic accident at the corner of Dorchester Road and geLcod Road, expressed surprise that the lights of the station had caused a problem. Mr.' Smith discussed the competitive effects of the "free enterprise" system. Mr. Smith replied to questions raised regarding traffic congestion at the site, which he suggested was an on-going problem, and stated that sidewalks had been installed and signs posted to deter bicycles crossing the lot. Members of Council discussed the number of convenience stores, the location of a school in the area, the possibility of a "needs study" being required, and the size of the property, ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the request for a ZoningAmendment be denied. The motion Carried with Alderman Kerrio abgtaining from the vote on a conflict of interest previously recorded .and the following vote: Aldermen Baker, Coville, Cummings, HinsperSers Janvary, Keighan, Orr, and Puttick. AYE: NAYS: Aldermen Chessman, Merretts and Somerville. No. 471 (PD/73/83) - Chief Administrative Officer - Re: AM-I4/83 - Zoning Amendment application - 21 Unit Apartment on the east side of Drummond Road, midway between Margaret and Atlee Streets - Applicant: Mr. J. Santesso. The report recommends that the application to amend the zoning by-law to permit the construction of an apartment building containing not more than 21 units be approved subject to the following conditions: 1) that the City Solicitor be directed to prepare the necessary by-law on the basis that the normal apartment regulations (notwithstanding limiting the units and amending frontage requirements) for the R.5.B. Zone be applied to this development; 2) that a 10 foot road widening strip be dedicated to the Region; 3) that the land be designated as a Site Plan Control area; and 4) that the site plan be prepared to the satisfaction of the City's Site Plan Technical Committee and those utters of concern which can be accommodated through the Site Plan process and Site Plan Agreement be provided for. The Planning Director demonstrated the location of the proposed apartment building on an area map and explained the proposal. Mr. P. Nicolettt, Solicitor, represented Mr. Santesso, and stated that his client was prepared to abide by the conditions contained in the report. He referred to the information in the Technical Report, with reference to the comments from the Business & Industrial Growth Agency concerning the need for the proposed apartment. Mr. Nicoletti indicated that the project was within the. guidelines of the Official Plan, and further, that his client was prepared to acquire lands to the south, as suggested in the report. He further advised of a recent contact with Ontario Hydro, and information that Hydro plans to dispose of some of the holdings on the right-of-way to adjacent landowners. His Worship, Mayor Thomson, stated that no letters had been received expressing objection or approval concerning the proposal. Mr. Marc Coons, 6074 Collins Drive discussed the proposed apartment building on behalf of some residents and expressed some personal opinions. He advised that he had investigated the zoning designation before purchasing hi~ home and had made the decision to purchase based on the designation of a single family residential area. Mr. Coons stated that some residents feel the proposal is a non-compatible use. He submitted a petition, signed by a number of area residents, opposing the proposed re-zoning as being detrimental to the single family residential area. The petition indicated high density, poor parking, poor landscaping, noise intensification, height and visual infringement as reasons for the opposition. Mr. Coons further discussed backyard pools which had been constructed by the residents, related to lack of privacy, if the proposed building was approved. He referred to decreased real estate values and produced a letter which he had received from a real estate professional which verified the re-sale problems if the project was approved. Mr. Coons advised that the information in the communication had been confirmed by all other real estate offices contacted concerning the matter. Mr. Co6ns discussed the parcel of land adjacent to the south of the subject property and the possible "threat" to the residents regarding future development.. The presence of other problems were outlined by Mr. Coons, i.e., the 50' frontage which does not include 3' beside the Hardware Store, and another 3' between the proposed development and the Restaurant. He discussed the limited parking, lack a of pedestrian walkway~ the hazard of cars backing onto the busy street, and inability of the Fire Department to reach one face of the proposed building. M~. Coons further discussed lack of sufficient lighting in the subject area. Mr. R. Matthews, Drummond Home Hardware, expressed opposition to the proposal. He discussed expected increased traffic problems, the proposed fence causing visual problems, and the anticipated difficulties regarding snow removal. He advised that the Fire. Department had not made prepar~tions on the location. ii -4- Mr. Nicoletti stated that many of the concerns could be alleviated by the site control procedures and site plan. He further stated that his client was prepared to comply with "that type of requirement". Members of Council discussed the limited parking and size of the proposed building; lack of access to adjacent property to the south; the site plan control procedure and a possible reduction in the number of units. Further discussion ensued regarding the buffer provided by Rydro, the possibility of a reduced application together with provision for additional access. Mr. Coons advised Council that the residents had received information from Ontario Mydro concerning the sale of its lands, and indicated that the residents would be interested in purchasing the available lands. He further advised that the residents are not opposing development of the area, but are in opposition to the proposed re-zoning. ORDERED on the motion of Alderman Chees~n, seconded by Alderman Cummings, that the application for re-zoning be denied. Carried Unanimously. No. 472 - Chief Administrative Officer - Re: AM-l/81 - Fiorentino - Proposed Townhouses, West Side of Ottawa Avenue. The report recommends that the Council pass the following two by-laws with respect to the proposed townhouse site on the west side of Ottawa: 1) A by-law to amend By-law No. 79-200, as amended. 2) A by-law to designate an area of land in the City of Niagara Falls as a site plan control area. Alderman C-mmings advised that a contact had been received which expressed opposition to the proposal, and concern that City Council had been "over-ruled" by the O.M.B. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Minspergers that the report be received and adopted. The motion Carried on the following vote: AYE: Aldermen Baker, Chessman, Coville, Hinsperger, Keighan, Kerrio, Merrett, OfT, Puttick and Somerville. NAYE: Aldermen Cummings, and Janvary. See By-law No. 83-192 and By-law No. 83-193. REPORTS No. 473 - Chief Administrative Officer - Re: Contract G.C. 21/83 - Underground Services for Mount Forest II Subdivision - Stage III. %he report recommends that the unit prices submitted by Provincial Construction (Niagara) Limited for the above contract be accepted and this contract be awarded. ORDERED on the motion of Alderman Merrett, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. See Resolution No. 108. See By-law No. 83-195. No. 474 - Chief Administrative Officer - Re: Contract S.S. 20/83 - Storm Sewer Installation and Road Rehabilitation on Ramsay Road and Kister Road. The rap. oft recommends that the unit prices submitted by the low tendsrats L & N Construction Limiteds for Contract S.S. 20/83 be accepted by Council. ORDERED on the motion of Alderman C,,mmtngss seconded by Alderman Ninsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 109. See By-law No. 83-196. No. 475 - Chief Administrative Officer - Re: Chippaws Lion's Club - Lease. The report recommends that Council approve the by-law appearing on tonightts agenda to execute a lease agreement with the Chippaws Lionss Club for City lands known as the Chippaws Lionss Club Park. Alderman Htnspergar declared a conflict of interest by reason of being a member of the Chippawa Llon's Club. L -5- In reply to questions raised, the Chief Administrative Officer agreed to investigate the T-ball diamond, and to clarify Sections 16 and 19 of the lease agreement. ORDERED on the motion of Alderman Janvary, seconded by Alderman Baker, that the report he received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of interest previously recorded, and all others voting in favour. See By-law No. 83-194. RESOLUTIONS No. 108 - MERRETT - SOMERVILLE - RESOLVED that the unit prices submitted by Provincial Construction (Niagara) Limited for underground services for Mount Forest II Subdivision - Stage III- Contract G.C. 21/83, be accepted at the low tendered price of $90,326.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 109 - CUMMINGS - HINSPERGER - RESOLVED that the unit prices submitted by L & N Construction Limited, for Storm Sewer Installation and Road Rehabilitation on Ramsay Road and Kister Road - Contract S.S. 20/83, be accepted at the low tendered price of $581,014.94; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that leave be granted to introduce the following by-laws and the by-laws be read a first time: No. 83-192 - A by-law to amend By-law No. 79-200, as amended. (Fiorentino). No. 83-193 - A by-law to designate an area of land in the City of Niagara Falls as a site plan control area. (Fiorentino). No. 83-194 No. 83-195 - A by-law to authorize a Lease with the Lion's Club of Chippawa. - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of underground services in the Mount Forest II Subdivision - Stage III. No. 83-196 - A by-law to authorize the execution of an agreement with L & N Construction and Excavating of Niagara Limited for storm sewer installation and road rehabilitation on Ramsay Road and Kister Road. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of interest on By-law No. 83-194, as previously recorded in Report No. 475; Aldermen Cummings and Janvary opposed on By-laws No. 83-192 and 83-193 as previously recorded in Report No. 472; and all others voting in favour. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the following by-laws be now read a second and third time: No. 83-192 - A by-law to amend By-law No. 79-200, as amended (Fiorentino). No. 83-193 - A by-law to designate an area of land in the City of Niagara Falls as a site plan control area. (Fiorentino). No. 83-194 - A by-law to authorize a Lease with The Lion's Club of Chippawa. No. 83-195 - A by-law to authorize the execution of an agreement with Provincial Construction (Niagara Falls) Limited for the construction of underground services in the Mount Forest II Subdivision - Stage III. 6 No. 83-196 - A by-law to authorize the execution of an agreement with L & N Construction and Excavating of Niagara Limited for storm sewer installation and road rehabilitation on Ramsay Road and Kister Road. The motion Carried with Alderman Hinsperger abstaining from the vote on a conflict of interest on By-law No. 83-194, as previously recorded in Report No. 475; Aldermen C,,mmings and Janvary opposed on By-laws No. 83-192 and 83-193 as previously recorded in Report No. 472; and all others voting in favour. NEW BUSINESS BUSINESS & INDUSTRIAL GROWTH AGENCY Alderman C-mmtngs referred to the recent release of information by the B.I.G. to the news media without following the guidelines of a joint release by the Mayor's office and the B.I.G. He referred to a previous occurrence of a similar nature. Members of Council discussed this matter in relation to a particular position within the B.I.G. and expressed concern regarding the situation. His Worship, Mayor Thomson, discussed the procedure of keeping members of Council informed of the number of proposals received in the past which had not materialized, and a contact by the press concerning a story released by Mr. Miele of the B.I.G. Mayor Thomson indicated that the B.I.G. had held a meeting earlier on this date, the results of which were unknown. The Chief Administrative Officer advised that Council members would receive a report in Committee of the Whole regarding the matter. GLENCAIRN RESIDENT - MOTORIZED VEHICLES Alderman Kerrio referred to a petition which had been received with the signatures of a number of Glencairn residents opposing the riding of motorized vehicles in the City, Hydro, and private property, behind the homes in Glen Cannon Meadows. The petition further opposes the vehicles using Walkway 74(4) from Fairfield Place to a proposed City park as a roadway to the park. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hinsperger, that the matter be referred to staff for investigation and a report. Carried Unanimously. MR. HAROLD A. WARNER -CROWLAND AREA WORK CREW Alderman Coville referred to a communication which had been received from Mr. Harold A. Warner, expressing concerns regarding the~ work done by a crew in the Crowland area. Mr. Harold Warner was present and discussed the situation further. The Chief Administrative Officer explained that the work had been done by a crew under the Provincial C.O.E.D. program. His Worship, Mayor Thomson, explained the restrictions and purpose of the C.O.E.D. program. ORDERED on the motion of Alderman Coville, seconded by Alderman Somerville, .that the matter be referred to staff for investigation and a report. Carried Unanimously. MUSCULAR DYSTROPHY TELETNON His Worship, Mayor Thomson discussed the recent M.D. Telethon and suggested forwarding a resolution of appreciation to those involved. ORDERED on the motion of Alderman Merrett~ seconded by Alderman Janvary, that a resolution of appreciation be forwarded. Carried Unanimously. OKTOBERFEST KICK-OFF His Worship, Mayor Thomson announced that the Oktobetfest Kick-Off would 7 be held on Tuesday, September 20, 1983, 6:30 p.m., at the German Village, and that everyone was welcome. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the meeting adjourn. Carried Unanimously. READ ~ ADOPTED, b~YOR WAYNE THOMSON = THIRTY-FOURTH MEETING Committee Room #1 September 19, 1983 Council met on Monday, September 19th, 1983 at 6:00 p.m. in Committee of the Whole. All members of Council were present. Alderman Cummings presided as Chairman. Following consideration of the items presented the Committee of the Whole arose to report in open Council. MAYOR WAYNE THOMSON Council Chambers September 19, 1983 Council met on Monday, September 19th, 1983 at 7:30 p.m. for the purpose of considering general business. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. Alderman Chessman offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cununings, seconded by Alderman Janvary, that the amended minutes of the meeting held September 12th, 1983, be adopted as printed. Carried Unanimously. PRESENTATIONS MR. MARCELLO MASSOLIN - RETIREMENT His Worship Mayor Thomson presented a retirement watch to Mr. Marcello Massolin who commenced employment with the City of Niagara Falls on April 21, 1954 and worked as an Arena Service Man in the winter season and a truck driver in the summer. Mr. Massolin completed over 29 years of service. MR. ALAN DELL - RETIREMENT His Worship Mayor Thomson presented a retirement watch to Mr. Alan Dell who commenced employment with the former Township of Stamford on September 25, 1947, became a truck driver and equipment operator, and subsequently, a Foreman in the Parks & Cemeteries Department. Mr. Dell completed 36 years of service. , ~ DEPUTATIONS MR. DANIEL M.- BEDARD - CHILDREN IN RESTAURANT/TAVERNS Communication No. 310 - Mr. Daniel M. Bedard - Re: Children in Restaurant/ Taverns. The communication outlines actions taken by Mr. Bedard to prohibit children from restaurant/taverns that provide live entertainment; attaches copies of co~mnunicatione with the Ministry of Consumer & Commercial Relations, and the Ontario Human Rights Commission; and requests that action be taken concerning the situation. - AND _ Communication No. 311 - Superintendent James Moody - Re:Petition from Daniel Bedard regarding changes to the Liquor Licenee Laws. The communication advises of the contact by Mr. Bedard and the intention that a regular check will be made by the Police Department of the particular establishment causing concern, .' discusses legislation in effect, and suggests that Mr. Bedard contact Superin- tendent Moody directly if and when he sees any violation that can be pzopez'ly investigated. -2- Mr. Daniel M. Bedard was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Coyills. He reviewed the contents of his comraunication dated September 6th, 1983, and advised of his contact with the F~raily and Children's Services. Fir. Bedard further advised that he had transferred his place of residence from Niagara Falls to St. Catharines. Mr. Bedard expressed his concern regarding the presence of children in restaurant/taverns, where live entertainment is available. Mayor Thomson suggested to Mr. Bedard that if he had specific complaints, these should be directed to Superintendent Moody, and if results were not achieved, that his office should be contacted. ORDERED on the motion of Alderman Puttick, seconded by Alderman Kezrio, that the comanunications be received and filed. Carried Unanimously. MRS. DONNA GLOW - NOISE FROM C~ADIAN RACING PLATE OPERATIONS ~s. Donna Glow, 4128 Victoria Avenue, was granted permission to address Council on the motion of Alderman Hinsperger, seconded by Alderman Baker. Mrs. Donna Glow discussed the proximity of her home to the Canadian Racing Plate industry and the noise emanating from the operations of this industry. She advised that the noise from the operations continues from 7:00 a.m. to 11:00 p.m. every day, including Saturday, and is caused by a "shaker" which is situated outside the building of Canadian Racing Plate. hire. Clow discussed contacts made to Mayor lhomson and the Ministry of the Environment, and padding which had been recently added to muffle the noise. However, she advised that the situation had not improved. Mrs. Glow requested that the hours of operation for the machine be restricted to regular business hours until a building had been constructed to house the machine. She advised that a completion of the building had been "promised" on August 19th, 1983, but was not yet begun. Mrs. Glow played a recording she had made within her home, of the noise ~evel of the operations. She stated that other residents in the area were concerned regarding the noise, and produced a petition with signatures of 72 residents. blrs. Glow further discussed concern respectins large hammers which operate day and night. Mr. E. Crossman, 4138 Victoria Avenue, confirmed Mrs. Clow's comments with regard to the noise level produced at the Canadian Race Plate plant. He stated that the noise was caused by the dumping of the finished product into a "hopper" of the machine. Mayor Thomson advised of contacts he had received concerning the problem. Mr. A. Pingue, MiniStry of the Environment, advised that the Canadian Racing Plate industry had been located in Niagara Falls f~r 16 years. He related the actions taken by the Ministry concerning the noise problem, including contacts with Mrs. Glow, and Mr. Lawson of the subject industry. Mr. Pingue advised that approval of the Ministry was required to establish the "wheelobrater" outside the building. However, approval is not required if the machine is housedr and the Ministry had allowed additional time to construct a building which is partially completed, although a building permit has not yet been granted by the City. Mr. Pingue discussed the insulation of the building, reduction in hours of operation, increased production which results in increased employment opportunity, and the approval of the Ministry with a build ing completion date,of September 30J 1983. Mr. Pingue replied to questions raised regarding equipment of the Ministry for testing of the noise level. Mr. Lawson, Canadian Racing Plate, discussed the difficulties encountered in obtaining a building permit from the City. He expressed sympathy with the residents in the area, and a desire to rectify the situation. bit. Lawson advised of a change in production which would obviate the use of "hamhers". A discussion followed concerning the possible inability of the contractor to meet specific requiremen~sof the Province of Ontario. -3 - ORDERED on the motion of Alderman Keighan, seconded by Alderman Cheesman, that the matter be referred to the Building & Inspections Department to expedite approval of a building permit, and request the Ministry of the Environment to inspect the completed building for noise level. It was further directed that a report be received by Council at its meeting on October 3, 1983. Carried Unanimously. DR. STAFFORD DOBBIN - 911 EMERGENCY NUMBER SYSTEM His Worship, Mayor Thomson discussed the effort made by Dr. Stafford Dobbin to improve health services and qualifications with regard to ambulance personnel and paramedics. He advised of a contact received from Mr. Con Eidt, Regional Municipality of Niagara, providing information with regard to the re-establishment of a Committee and discussions at the Regional level concerning the emergency number system Dr. Dobbin discussed the emergency department of the Greater Niagara General Hospital with relation to emergency procedures. He discussed the Pre-hospital Care Committee, the 14 point procedure of the paramedic system and its expected involvement at Welland in the near future. He requested that an amendment be made at the Regional level for a Pre-hospital Care Committee to include the Fire Department, Ambulance and City personnel. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that a resolution be forwarded to the Region, endorsing the Committee, suggesting that Dr. Dobbin be included in the Committee, and requesting information concerning the impact of procedure on the City of Niagara Falls. It was further recommended that the Region be asked to include a Pre-hospital Care Committee. Carried UnanimouSly. REPORT ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings that Zoning Amendment Application -/~M-1/83, be brought forward. Carried Unanimously. No. 476 - Chief Administrative Officer - Re: Zoning Amendment Application AM-l/83 - Valmac Holdings Ltd. - South side of Valley Way, west of Drummond Road, Part of Twp. Lot 114. The report recommends that Council approve the application subject to the following conditions: 1) that the matters and concerns expressed by various departments be accommodated; 2) that the applicant obtain the necessary permits from the Ministry of Health for a 65 bed unit. - AND - Communication No. 312 - Mr. & Mrs. W. N. Damato - Re: Valm~c Holdings Ltd. proposed zoning application for a Nursing Home. The communication discusses the proposed application for a change in the zoning by-law from single family to an institutional zone and opposes the application because the homes in the area would "greatly depreciate". It further discusses the reduced aesthetic effect, the economic viability of developing the remaining lands, reducedTstorm sewer period~ cost Of upgrading, and the increased traffic. The presence of senior citizens already living in the area was discussed, the past expense and harassment as a result of "many past and present rezoning applications", and requests that the area be restricted to Single Family Residential dwellings. Concern was expressed regarding the future use of the whole parcel of vacant lands. - AND - Communication No. 313 - Petition of Residents - Re: Application of Valmac Holdings AM-l/83 for re-zoning. The petition, signed by numerous residents in the area, opposes the application because of the present single family zoning which reflects the wishes of the residents; the plan of subdivision being approved by the Ministry of Housing; and present Neighbourhood Plan approved by Council. It discusses former applications, aud assurance by previous Councils of no further harassment, and suggests other sites in the area being used for the proposed nursing home· The petition further suggests the expected reduction in i' the aesthetic nature of the area~ should approval of the application be given. Mr. J. Hroderick, Solicitor representing the applicant, explained the Proposal with a visual chart, together with an artistIs sketch of .the proposed structure. He discussed the increased cost of developing the subdivision area and resulting need for a pumping station. Mr. Broderick pointed out the buffer zones on the northern side of the subject property, and buffer zones created by -4- City and Hydro owned land. Re discussed the cost of maintenance and loss of tax money for a public park on the west side, and a proposal for a "passive park" to be maintained by the applicant, and utilized by residents of the nursing home and the area. Mr. Broderick pointed out that the nursing home was needed, and would be "enriching for the community". i'~. Bredcrick replied to questions raised concerning the number of beds for the proposed nursing home, the agreement between the municipality and the applicant with regard to the necessary services and advised that the applicant would be prepared to comply with the requirements of the City. The Director of Recreation discussed the recreational facilities presently in the subject area, and advised that the City does not require additional parkland. The City Solicitor advised that the property could be zoned for parkland, and "to the extent that the Council in future years" wished to keep it as parkland, there would be no change. He pointed out that a future Council could change the by-law. It was agreed that the property could be zoned under Section 19, By- law, 79-200, with limited use~ and worded to bind the successors to this Council. The Acting Director of Municipal Works replied to questions raised regarding the sanitary sewer system. He stated the existing sewer system was sized to handle a rural type development and requires placement of a larger storm sewer. He further stated that the tank system is a relief system, and the sewer that is there would accommodate the development as proposed. ORDERED on the motion of Alderman Keighan, seconded by Alderman Merrett, that the report be received and adopted? -~t. was further recommended-that'the 'd~v~loper entex into an-agreement-:with the. Cit~ to:not..,uSe. the 42? acre parcel:adjacent to the. west~ ~{d~ of the subject property for any use except for a private passive park. The motion Carried on the following vote: AYE: Aldermen Baker, Chessman, Coville, Hinsperger, Janvary, Keighan, Kerrio, Merrett, Orr, Puttick, and Somerville. NAYE: Alderman Curmmings. See By-law No. 83-197 and By-law No. 83-198. UNFINISHED BUSINESS BASEMENT FLOODING - LETTERS FROM RESIDENTg - AND - REPORT OF CHIEF ADMINISTRATIVE OFFICER Con~nunication No. 314(a) - Ronald Rap - Re: Basement Flooding. The communication advises of the basement flooding on 3uly 30~ 1983, a letter from the insurance adjuster that the claim would be disallowed prior to an investigation by the City, and states that legal counsel is being sought. A written report waa requested and the date of the Committee meetiBg.. - AND - Communication No. 314(b) - Fred teecare - Re: Basement flooding on August 27, 1983. The communication discusses the problem, expresses concern regarding the water damage, and requests information with respect to the .insurance coverage by the City. - AND - Communication No. 314(c) - Sandra J. Chirico - Re: Basement flooding. The communication submits an itemized claim for damagea suffered during the storm on July 30, 1983. - AND - Communication No. 314(d) - Joe Covelli - Re: Basement Flooding on August 27, -1983, The communication discusses damages caused by the basement flooding,. and actions taken and requests assistance with the problem. - AND - Report No. 468 - Chief Administrative Officer - Re: Basement Flooding resulting from rainstorms of July 30, 1983 and August 27, 1983. The report recommends the following: 1), That a rain gauge station be established in the Chippaws area and that sufficien funds be allocated in the 1984 Operating Budget in this regard, if necessary. 2) That a City-wide survey be conducted to collect information on basement floodin~ in order [hat the problem areas may be accurately identified. 3) That the existing overflow at garah Street to the Little Mississippi Drain be replaced with an overflow from 8arab Street to the Niagara River in the area of Nordic Gate. - 5- 4) That sanitary sewage flows from the Stanley Avenue industrial area be monitored in order to identify sources of extraneous stormwater flows to the sanitary sewer system. 5) That investigations concerning sources of extraneous stormwater flows in the Chippaws area be continued and expanded. 6) That an investigation be undertaken in the Westwood area to determine the sources of extraneous stormwater entering the sanitary sewer system and the effects of these connections. 7) That a new by-law prohibiting extraneous stormwater connections to the sanitary sewer system be prepared. 8) (a) That the City initiate a public information program concerning removal of extraneous stormwater flows from the sanitary sewer system; and (b) That approval in principle be granted to the City, providing a service of downspout disconnections at a subsidized rate. His Worship Mayor Thomson suggested that information be forwarded to all concerned residents regarding the possible installation of a "back tra ", p and insurance coverage for basement flooding, which could be investigated by the residents. Alderman Merrett declared a conflict of interest by reason of having interest in an insurance company. ORDERED on the motion of Alderman Puttick, seconded by Alderman Kerrio, that the report be received and adopted, and further, that information concerning back traps and insurance coverage be forwarded to the concerned residents. The motion Carried with Alderman Merrett abstaining from the vote on a conflict of interest previously recorded, and all others voting in favour. COMMUNICATIONS No. 315 - S. Foster - Re: Proposed closing of Walkway 32(1) between Epworth Circle and Ryerson Crescent at Rice Crescent. The communication requests an early closing of the subject walkway toreduce acts of vandalism and petty theft in the area. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the communication be received and referred to staff for investigation and a report. Carried Unanimously. No. 316 - David & Helen Leonard - Re: Walkway 74(4) from Fairfield Place to the proposed City Park. The communication requests assistance concerning motorized vehicles using the subject walkway and private property in the area. The communication attaches a petition signed by concerned residents in the area which oppoaes motorized vehicles using walkway 74 (4), City, Hydro and private property in the area of Glen Cannon Meadows. The City Clerk advised that the matter was discussed at a recent staff meeting, and that Superintendent Moody of the Niagara Regional Police Force intended to investigate the problem. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the matter be referred to staff and a full report received at the next meeting of City Council. Carried Unanimously.- No. 317 - M. A. Skomarowski - Re: Prositiution problem. The communication refers to the problem of prostitution in the City of Niagara Falls and recommends a 10:00 p.m. curfew for men. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the communication be received and filed. Carrled Unanimously. No. 318 - John Simon - Re: "Fire Prevention Week". The communication requests that the week of October 9th to 15th, 1983 be proclaimed as Fire Prevention Week. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the request be approved subject to established policy. Carried UnanimoualT. No. 319 . Canada Safety Council - Re: "MIND THAT CHILD". The communication advises that the week of October 17th to 23rd, 1983, will be observed as the Canada Safety Council's annual School Safety Week, with the theme "MIND THAT CHILD". 0RDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the commnni~ation be received and filed. Carried Unanimously. -6- No. 320 - Ministry of Energy - Re: Municipal Oil Conversion & Energy Conservation Program (MOCECP). The communication provides information regarding new funding limits for the MOCECP program. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that the communication be referred to staff, and in particular, the Director of Building and Inspections. Carried Unanimously. No. 321 - The Regional Municipality of Niagara - Re: Water & Sewage Flows by Municipality - Monthly Report for July 1983. The communication provides information concerning the water and sewage flows by municipality for the month of July 1983. Mayor Thomson advised that staff was monitoring the situation very closely. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be received and filed. Carried Unanimously. No. 322 - Minister of Municipal Affairs & Housing - Re: Commercial Area Improvement Program (CAIP). The communication advises that the new CAIP program replaces both Ontario Downtown Revitalization and Main Street Revitalization Programs and advises that the deadline for applications by the Ministry is January 31, 1984. Mayor Thomson suggested that the communication should be referred to staff for a meeting to be scheduled to include staff, Alderman Merrett, the Downtown Board of Management, and himself. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to staff and the Downtown Board of Management. Carried Unanimously. No. 323 - The Royal Canadian Legion (Branch 479) - Re: Official Opening of the new headquarters of A. C. McCalltun Memorial Legion. The communication advises that the official opening ceremony is scheduled for October 1, 1983, and requests a parade permit. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the communication be received and the request approved subject to the approval of other authorities. Carried Unanimously. No. 324 - The Royal Canadian Legion (Branch 479) - Re: District "B" Convention. The communication advises of the Convention scheduled for the week-end of October 29 - 30, 1983, and requests a parade permit for October 30, 1983. ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Hinsperger, that the communication be received and the request approved subject to the approval of other authorities. Carried Unanimously. No. 325 - Director of Recreation - Re: "Man-A-Mile" Relay Race. The communication advises that the Man-A-Mile relay race is scheduled for October 10th~ 1983, and requests approval of the designated route. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the communication be received and the request approved subject to the approval of other authorities. Carried Unanimously. No. 325(A)The Royal Canadian Legion (Branch 479) - Re: Oktoberfest. The communication advises that the Ladies Auxiliary to the A.C. McCallum Memorial Branch 479 is hosting Oktoberfest at the Spring Street facilities on October 1983, and requests permission of Council to locate a Labart hot air balloon in the recreational field on Lagion property. ORDERED on the motion of Alderman Cununings, seconded by Alderman Merrett, that the communication be received and the request approved subject to the approval of the Ministry of Transport, and that Branch 479 have sufficient liability insurance. Carried Unanimously. No. 326 - Nicola Romagnano - Re: Prohibition of hunting on west side of Willoughby Drive. The communication requests that Council amend the by-law to provide that hunting is prohibited north of Morningstar Road and east of the.Queen Elizabeth High, on the west side of Willoughby Drive. ORDERED on the motion of-Alderman Cummings, seconded by Alderman Cheesman~ that the communication be received and referred to staff for lnves~igat,ion{land-~-.report, Carried Unanimously. No. 327 - Ogtario Waste ~{anagement Corporation (OWMC) - Re: Notice of Public Meetings. The communication advises of the progress achieved by the OWMC in the site eelaction process for an industrial waste site within the Golden Horseshoe, and' attaching a schedule of public meetings to be held in the candidate areas· - 7- ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the communication be received and filed. Carried Unanimously. Ho. 328 - CN Rail - Re: Audio-Visual production - "Responding to Emergencies". The communication discusses major derailments in Ontario and other parts of North America, and an audio-visual production entitled "Responding to Emergencies" to be presented across Canada, if requested. ORDERED on the motion of Alderman Janvary, seconded by Alderman Hinsperger, that the coff~nunication be received and referred to staff to set up an appropriate meeting. Carried Unanimously. No. 329 - Niagara South Board of Education - "Terry Fox Run". The communication advises that the staff and students of Princess Margaret Elementary school request permission to conduct a Terry Fox Run on September 23rd, 1983. ORDERED on the motion of Alderman Janvary, seconded by Alderman Merrett, that the con~nunication be received and the request approved, subject to the approval of other authorities. Carried Unanimously. REPORTS No. 469 - Chief Administrative Officer - Re: OPP Hockey Tournament at Stamford Memorial Arena. The report recommends that the OPP pay the required rate in accordance with the by-law on rental rates for arenas in the City of Niagara Falls. 0RDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the report be referred to the Finance Committee. Carried Unanimously. No. 470 - Chief Administrative Officer - Re: Site Plan Agreements. The report recommends that Council pass 'the by-law appearing on tonight's agenda to amend By-law No. 80-54 being a by-law to authorize the execution of site plan agreements. ORDERED on the motion of Alderman Keighan, seconded by Alderman CheSsman, that the report be received and adopted. Carried Unanimously. See By-law No. 83-199. No. 471 - Chief Administrative Officer - Re: Building & Inspections Department Report for August 1983. The report includes information concerning permits issued during August 1983 as well as other activities for the subject month. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and filed. Carried Unanimously. No. 472 - Chief Administrative Officer - Re: Ontario Basic Mapping. The report recommends the following: 1) That the "Mapping Proposal" prepared by Matthews & Cameron Ltd. be accepted and submitted to the Province for consideration. 2) That Matthews & Cameron be recognized as the City's Agent and primary contractor for this project. 3) That after the Province has indicated acceptance of the proposal, that a further status report be brought back to Council together with any necessary agreement and by-law. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 473 - Chief Administrative Officer - Re: Ontario Hydro Surplus Lands, Mitchell Line right-of-way. The report recommends that staff, through the Planning Department, be authorized to work with the representatives from Ontario Hydro in order to assist them in determining the best procedures and methods of disposing of various sections of the right-of-way. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. No. 474 - Chief Administrative Officer - Re: Ontario Planners' Conference - October 4, 5, and 6, 1983 - Toronto. The report recommends that Messrs. Greaves and Darbyson be authorized to attend the subject annual Workshop/Conference. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hlnspergers that the report be received and adopted· Carried Unanimously. -8- ~9- No. 475 - Chief Administrative Officer - Re: Tenders for One Man Garbage Packers. The report recormnends that the Tender of Belgium Standards Incorporated, in the amount of $156,341.98 for the supply of two Shu-Pak One Man Garbage Packers mounted on new 1982 International 1954 S-Line Trucks be accepted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and accepted. Carried Unanimously. See Resolution No. 110. No. 476 - Traffic & Construction Engineer - Re: Detour of Palmer Avenue. The report advises that the Palmer Avenue Bridge over Highway 420 will be closed for approximately one week, commencing Monday, September 26, 1983, for a detailed examination of the structure. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and filed. Carried Unanimously. No. 477 - Chief Administrative Officer - Re: Burning Springs Hill - Transfer of a portion of the Road to the Niagara Parks Commission. The report reconm]ends that the portion of Burning Springs Road immediately adjacent to Portage Road, which is currently under the jurisdiction of the City, be transferred to the Niagara Parks Commission. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 478 - Chief Administrative Officer - Re: 1982 Financial Report. The report recommends that the 1982 Financial Report and 1982 Financial Information Return be reviewed and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. No. 479 - Chief Administrative Officer - Re: Payment of Accounts. The report recommends payment of the accounts in the aggregate amount of $6,962,416.90 for the three week period ending September 19, 1983. Alderman Cummings declared a conflict of interest on Cheque No. 20054, by reason of employment with the company. Alderman Hinsperger declared a conflict of interest on Cheques No. 19925, 19931, 20058, and 20187 by reason of employment with the company. Alderman Puttick declared a conflict of interest on Cheque No. 20042, to himself. Alderman Chessman declared a conflict of interest dn Cheque No. 20260, by reason of employment with the Board. Additional information was requested on Cheques No. 19997, 20055 and 20081. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the report be received and adopted. The motion Carried with Aldermen Cummings, Hinsperger, and ~uttick, abstaining from the vote on conflicts of interest previously recorded~ and all others voting in fayour. No. 480 - Mayor Wayne Thomson - Re: Regional Social Services Department - postponing consolidation of Offices. The report recommends that the Regional Municipality of Niagara be requested to postpone a proposal of the Regional Social Services Department to consolidate their operation to a central Thorold office. ORDERED on the motion of Alderman Merrett, seconded by Alderman K_errio~ that the report be received and adopted. Carried Unanimously. 'No. 481 - Chief Administrative Officer - Re: Incentive Program for Civic Employees - United Way. The report recommends that City Council approve an extra five days' vacation for the winners of the two draws of the City's 1983 United Way Incentive Program. i ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 482 - Chief Administrative Officer - Re: Paid Holidays - 1983/84. The report recommends that Tuesday, December 27, 1983 be granted as the holiday for Christmas Day, and Monday, January 2, 1984 be granted as the holiday for New Year's Day as both holidays fall on a Sunday. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 483 - Chief Administrative Officer - Re: Dogs running in Cemeteries. The report recommends that the contents of this report be noted and that it be received and filed. ORDERED on the motion of Alderman Somerville, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. No. 484 - Chief Administrative Officer - Re: Parksite - Victoria Avenue. The report recommends that the By-law appearing later on the agenda to authorize the execution of a lease with the Ministry of Transportation and Communications for our use of a parkette on Victoria Avenue be passed and this report be received and filed. ORDERED on the motion of Alderman Cunmnings, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 83-201. No. 485 - Chief Administrative Officer - Re: Committee of Adjustment Application No. A-26/83, Woodstream Corporation. The report recommends that Council pass the by-law appearing on tonight's agenda to authorize an agreement with Woodstream Corporation. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 83-202. No. 486 - Chief Administrative Officer - Re: Expropriation of 4187 and 4190 Queen Street for widening of Queen Street and park purposes. The report recommends that the by-law appearing on tonight's agenda to authorize an application for approval to expropriate the above noted properties for the above noted purposes be passed. ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See by-law No. 83-205. RESOLUTIONS No. 110 - CUMMINGS ~ BAKER - RESOLVED that the unit prices submitted by Belgium Standards Incorporated, for two Shu-Pak One Man garbage Packers mounted on new [982 International 1954 S-Line Trucks, be accepted at the low tendered amount of $156,341.98~ AND the Seal of the Corporation be hereto affixed. Carried Unanimously% BY-LAWS ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that leave Be'~rant~ ~o introduce the following by-laws and the by-laws be read a first time: No. 83-197 - A by-law to designate an area of land in the City of Niagara Falls as a site plan control area. (Valmac Holdings) No. 83-198 - A by-law to amend By-law No. 79-200, as amended. (Valmac) No. 83-199 - A by-law to amend By-law No. 80-54 being a by-law to authorize the execution of site plan agreements. No. 83-200 . A by-law to amend By-law No. 7531, beinga by-law to p~ovide for the erection of stop signs at intersections. -I - 10 - No. 83-201 - A by-law to authorize the execution of a lease with the Minister of Transportation and Communications. No. 83-202 - A by-law to authorize the execution of an agreement with Woodstream Corporation. No. 83-203 - A by-law to authorize the execution of an agreement with DeLCan DeLeuw Cather, Canada Ltd. No. 83-204 - A by-law to authorize the execution of an agreement with Fruitbelt Trucking Inc. No. 83-205 - A by-law to authorize an application for approval to expropriate land for the widening of Queen Street and for park purposes. No. 83-206 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings, Hinsperger, Puttick, and Cheesman abstaining from the vote on conflicts of interest on By-law No. 83-206, as previously recorded in Report No. 479; Alderman Curm~ings opposed on By-laws No. 83-197 and 83-198, as previously recorded in Report No. 476; and all others voting in fayour. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cheesman, that the following by-laws be now read a second and third time: No. 83-197 - A by-law to designate an area of land in the City of Niagara Falls as a site plan control area. (Valmac Holdings) No. 83-198 - A by-law to amend By-law No. 79-200, as amended. (Valmac) No. 83-199 - A by-law to amend By-law No. 80-54 being a by-law to authorize the execution of site plan agreements. No. 83-200 - A by-law to amend By-law No. 7531, being a by-law to provide for the erection of stop signs at intersections. No. 83-201 - A by-law to authorize the execution of a lease with the Minister of Transportation and Communications. No. 83-202 - A by-law to authorize the execution of an agreement with Woodstream Corporation. No. 83-203 - A by-law to authorize the execution of an ~greement with DeLCan DeLeuw Cather~ Canada Ltd. No. 83-204 - A by-law to authorize the execution of an agreement with Fruitbelt Trucking Inc. No. 83-Z05 - A by-law to authorize an application for approval to expropriate land for the widening of Queen Street and for park purposes. No. 83-206 - A by-law to provide monies for general purposes. The motion Carried with Aidemen Cummings, Hinsperger, Puttick, and Chessman abstaining from the vote on conflicts of interest on By-law No. 83-206, as previously recorded; Alderman Cun~nings opposed on By-laws No. 83-197 and 83-198, as previously recorded; and all others voting in fayour. NEW BUSINESS PETITION - RESIDENTS OF DESSON AVENUE AREA Mayor Thomson referred toa petition signed by a number of residents in the Desson Avenue area requesting a change in the sewer pipe on Desson Avenue between north and Spring Streets. The communication included the information that every heavy rainfall caused sewers to back-up because the main sewer pipe · is too small. · 11 - 11 - ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that the petition be referred to staff for investigation and a report. Carried Unanimously. APPOINTMENT - DIRECTOR OF PERSONNEL Report No. 487 - Alderman Norman Puttick, Chairman, Special Committee - Re: Appointment of Director of Personnel. The report recommends that Mr~ James Inman be appointed to the position of Director of Personnel for the City of Niagara Falls effective October 17, 1983, at a salary of $36,010 per annum~ the appointment being subject to a twelve-month probationary period and the passing of a medical examination. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. ASSISTANCE CARDS FOR DOOR HANDLES Alderman Cheesman made reference to an assistance card for door handles in hotels and motels, which he had obtained during a recent visit to England. The card is designed for hanging on the handle of a door, and there is a message on the back of the card advising occupants of the room to display the card before retiring in the event that assistance might be required in an emergency. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the card be referred to the Fire Chief, and the Visitor & Convention Bureau for consideration and possible implementation, with a copy to the Social Planning Council. Carried Unanimously. ST. JOHN OF RILA BULGARIAN EASTERN ORTHODOX CHURCH MONUMENT Mayor Thomson displayed an enlarged photograph of a monument which had received approval of City Council for erection by the St. John of Rila Bulgarian Eastern Orthodox Church at the corner of Willmott Street and Valleyway. He discussed the favourable comments which had been received concerning the beautification of the subject property, and the fine monument in memory of the Bulgarians who had fallen fighting for the liberation of Bulgaria. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that a letter of appreciation be forwarded to the church members. Carried Unanimously. MR. JOHN HOLER - ONTARIO CHAMBER OF COMMERCE His Worship Mayor Thomson advised that Mr. John Holer, owner of Marineland and Game Farm, was recently honoured by the Ontario Chamber of Commerce as one of five persons chosen for'a first business achievement award. ORDERED on the motion of Alderman Merrett, seconded by Alderman Coville~ that a letter of congratulations be forwarded to Mr. 3ohn Holer. Carried Unanimously. NEWSPAPER EDITORIALS His WorShip Mayor Thomson discussed, with concern, articles and editorials which have appeared in the local newspaper. He described the editorials as being "without basis or foundation and many times totally incorrect", with a small correction being placed on an inside page. It was suggested that the writers of the editorials be invited to attend Council meetings, and that the editorials should be signed. READ AND ADOP ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that the meeting adjourn to Committee of the Whole. Carried Unanimously. MAYOR WAYNE THOMSON - 12 - COMMITTEE OF THE WHOLE Committee Room ~1 September 19, 1983 Council met on Monday, September 19th, 1983 at 10:40 p.m. in Committee of the Whole following a Regular Meeting. All members of Council were present. Mayor Thomson presided as Chairman. Following consideration of t~]k~ms presented, the Committee of the Whole arose without reporting. kk ~, READ AND AD. OP~ED, =~ MAYOR,WAYNE ~HOMSON Council Chambers September 19, 1983 Council reconvened in formal session on Monday, September 19th, 1983 following a meeting in Committee of the Whole. All members of Council were present· His Worship, Mayor Thomson presided as Chairman. The meeting adjourned. READ AND MAYOR WAYNE THOMSON · ;%, THIRTY-FIFTH MEETING READ AND ADOPTED, Committee Room #1 September 26, 1983 Council met on Monday, September 26th, 1983 at 7:15 p.m. in Committee of the Whole. All members of Council were present. Alderman Hinsperger presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. MAYOR WAYNE THOMSON " ,~ETING Council Chambers September 26, 1983 Council met on Monday, September 26th, 1983 at 7:30 p.m. for the purpose of considering general business. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. Alderman Cummings offered the Opening Prayer. WELCOME His Worship, Mayor Thomson welcomed the Little Brothers and Big Brothers to the Council meeting. He advised that there were 132 Little Brothers in the City of Niagara Falls, and that 22 Little Brothers were yet unassigned,a Big Brother. Mayor Thomson introduced the Little Brothers and buttons, pins, and pens were presented to them. Mayor;Thomson presented a:gift to .Big Brother Chris Cristelli. Mayor Thomson stated that the week of September 26th to October 2nd, 1983 had been proclaimed as "Big Brother Week", and requested the support of the community for this worthy Association. WELCOME His Worship, Mayor Thomson welcomed friends of Alderman Chessman, Mr. and Mrs. Brian Saunders, England, to the Council meeting. ADOPTION OF MINUTES ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the minutes of the meeting held September 19th, 1983, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS FOOTPATH FROM MONTROSE ROAD TO ASCOT WOODS SUBDIVISION - AND - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 488 - Chief Administrative Officer - Re: Footpath from Montrose Road to Ascot Woods Subdivision. The report recommends the following: 1) That no further repairs be carried out to the footpath from Ascot Woods Subdivision to Montrose Road. 2) That the Niagara South Board of Education be requested to re-examine the possibility of maximizing the use of bus transportation to the subject area. 3). That the Principal of Greendale Public School be asked to encourage students to use the proper sidewalks on Woodbine Street rather than the existing footpath ORDERED on the motion of Alderman Cummtngs~ seconded by Alderman Hinsperger~ that the report be received and adopted. It was further recommended that a copy:of the report be forwarded to Mrs. Linda Botbyl, with a request for her comments..\ ~arried Unanimously. h ' -2 - COMMUNICATIONS No. 330 - Dr. Donald R. Johnston - Re: Epworth Circle Walkway. The communicati0r expresses opposition to the closing of the subject walkway on behalf of the patr0r of the Niagara Falls Kiwanis Club Travelogue Series, and discusses the benefits the walkway in terms of pedestrians to the N.F.C.V.I. Auditorium. Dr. Johnton was present at the meeting. He pointed out the difficulty in restoring the walkway when a decision has been made to close it. Dr. 3ohnstgn pointed out the importance of the Epworth Circle walkway to school children~ senior citizens, and to all pedestrians attending functions at the N.F.C.V.I. auditorium. His Worship Mayor Thomson advised Council of the contacts he.had ~ecently received from a resident and business in the area, supporting the need foF the walkway. A discussion was held concerning the communication received from Mr. S. Foste which had been received by Council on September 19th, 1983. Mr. Foster is the owner of property irm-aediately adjacent to the walkway and had outlined the problems he was experiencing in relationship to it. It was noted that a circulai letter and questionnaire had been forwarded, by the legal department, to the abutting owners, and that replies had not been received from all of these people, ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the matter be referred to the Planning Department for further investigation and a report. Carried Unanimously. No. 331 - Canadian National Railway Company/Canadian Pacific Railway - Re: CN/CP proposed takeover of Conrail assets. The communication reviews the proposed continuation and expansion of services by CN/CP, where economically viable, asstunption of responsibility for existing employraent contracts, availability of services to shippers in the U.S. and Canada, and increase the utilization of the line by other railroad corporations. The cormnunication' further advises that the objections to the acquisition by CN/CP, based upon the undue restriction of competition, and submitted to the Director of Investigation and Research under the Combines Investigation Act, were "unwarranted and misconceived". ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 332 ~ Niagara Falls Jaycoos - Re: 1983 Santa Claus Parade - November 26, 1983. The communication attaches a brochure, Newsletter, Rules sheet as well as registration formy discussed the Santa Claus Parade as the "kick off" for the Festival of Lights, and invites the participation of the City. ORDERED on the motion of Alderman Merrett, seconded byeAlderman 0rr, that the communication be received and referred to staff for a report regarding the participation of the City Float in the Parade. Carried Unanimously. ' No. 333 - Ministry of Natural Resources - Re: Floodplain. The communication refers to the Policy S~atement on the Planning of Flood Plain Lands, and invites attendance at public meetings to submit views. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be referred to Municipal Works And Planning. Departments, and further, thatiMrs. Stella Ziff .and~.the~doff~i~t~.c~n~erned with floodplain mappi~ be. contacted for commenta.,and, information. Carried Unanimously. No. 334 - Niagara Falls-Fort Erie Real Estate Association - Re: "Private Property Week"· The communication requests that Council proclaim the week of October 2 to 10, 1983~ "Private Property Week"~ under the theme~ "Preserving the Spirit of Our Land". ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that ~he request be approved subject to established policy. Carried Unanimously. No. 335 - The Spiritual Assembly of The Baha'ia oE Niagara Falls - Re: "Baha't Information Month"· The communication requests that City Council ~proclaim the month of October 1983 as"Baha'l Information Month"· MS. Stephen Boals representative of the organization~ discussed the misinformation and misunderstandings with regard to the Raha'isand the difficulties faced by the -3 - followers of the Baha'i faith, particularly in Iran. He discussed the support received from the Canadian Government for a resolution to the United Nations on Human Rights. Mr. Boal referred to an informational brochure which had been madelavailable to Council. Alderman Chessman declared a conflict of interest as a practising officiant of another religion. ORDERED on the motion of Alderman Janvary, seconded by Alderman Merrett, that the request be approved subject to established policy. ~ne motion Carried with Alderman Chessman abstaining from the vote on a conflict of interest previously recorded, and all others voting in fayour. No. 336 - Niagara South Board of Education - Re: Salary information. The communication attaches information concerning the salaries of senior officials of the Board of Education and principals of schools. It suggests a joint meeting of the trustees and Council. A discussion followed with regard to the information received from the Board, benefits, school closings, grants, and the quality of education. As an employee of the Niagara School Board, Alderman Cheesman declined agreement with some comments made. ORDERED on the motion of Alderman Keighan, seconded by Alderman Janvary, that the communication be received and filed, and further, that a joint meeting be scheduled between the Board of Education and Council. The motion Carried on the following vote: AYE: Aldermen Baker, Cheesman, Coville, Cummings, Hingsperger, Janvary, Keighan, Kerrio, Merrett, Orr, and Somerville. NAYE: Alderman Puttick. REPORTS No. 489 - Chief Administrative Officer - Re: Tender for rental of snow removal equipment - 1983-1984 winter season. The report reconlnends that tenders received from the following: 1) Modern Crane Rentals Ltd. for the rental of one (1) 4-wheel drive front-end loader and two (2) trucks with plows; 2) Montgomery Bros. Construction for the rental of one (1) 4-wheel drive front-end loader; 3> Pizzi General Contracting for the rental of one (1) grader; 4) Modern White Lines Ltd. for the rental of one (1) 4-wheel drive front-end loader; 5) L. Walter & Sons Excavating Ltd. for the rental of one (1) 4-wheel drive front-end loader and one (1) grader for the purpose of snow removal during the 1983-1984 winter season be accepted at hourly rates shown on the tender summary sheet. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger~ that the report be received and adopted. Carried Unanimously. See Resolution No. 111. No. 490 - C~tef Administrative Officer - Re: Contract R.C. 22-83 - road reconstruction and storm & sanitary sewer installation on Main Street from Delaware Street to Marray Street - Stage I. The report recommends that the unit prices submitted by the low tendeter, Steed & Evans Limtted~ for Contract R.C. 22-83, be accepted by Council. ORDERED on the motion of Alderman Htnsperger, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. · See Resolution No. 112. See By-law No. 83-209. No. 491 - Chief Administrative Officer - Re: request for extension of water and sewer services from Niagara Falls west into the City of Thorold. The report recommends that: 1) The Region be advised of'the City's opinion that any investigation that involves the extension of the Niagara Falls water distributio~ system to service the motel area on Lundy's Lane in Thorold would best be undertaken by the Region; and -4- 2) That the petitioners be advised of this action. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 492 - Chief Administrative Officer.- Re: Tender for Supply, Treat, and Stockpile of Winter Sand - 1983-1984 winter season. The report recommends that the tender for supply and delivery of winter sand, including the mixing of salt with this sand, and remixing of the existing stockpile, be awarded to Walker Bros. Quarries Limited for the unit prices tendered by this company. ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. See Resolution No. 113. No. 493 - Chief Administrative Officer - Re: Tenders - New Equipment. The Report recommends that the tender of Motorville Chevrolet-Oldsmobile-Cadillac Ltd. in the amount of $37,768.00 for the supply of four (4) propane powered chevrolet half-ton pickup trucks be accepted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried, Unanimously. See Resolution No. 114. No. 494 - Municipal Parking & Traffic Committee - Re: Additional Meters on Buchanan Avenue. The report recommends that meters be erected on the easterly side of Buchanan Avenue from Ferry Street to Spring Street. ORDERED on the motion of Alderman Merrett, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 495 - Municipal Parking & Traffic Committee - Re: Biamonte Parkway in front of the Medical Arts Building. The report reconunends that the necessary by-law be prepared to establish Biamonte Parkway in front of the Medical Arts Building as a one-way roadway north bound. ORDERED on the motion of Alderman Merrett, seconded by Alderman Keighan, that the report be received and adopted. Carried Unanimously. No. 496 - Municipal Parking & Traffic Committee - Re: Sylvia Place parking lot. The report recommends that no meters be installed on the Sylvia Place parking lot. ORDERED on the motion of Alderman Merrett, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. No. 497 - Chief Administrative Officer - Re: Illegal Auto Body~Shops. The report recommends that the City Council authorize staff~ to obtain the services of outside investigators to obtain sufficient information and evidence in order that charges may be laid in certain cases involving the use of residential properties as body shops. His Worship Mayor Thomson advised that this problem has been in existence for a number of years and causes concern to adjacent homeowners. Me further advised that the situation is difficult to resolve because licence plates are removed, and information is given that friends~ cars are being repaired. ORDERED on the motion of Alderman Cummings, seconded by Alderman 0rr, that the report be received and adopted, and further, that a report be received regarding the number of current problems and the cost to pursue the matter. Carried Unanimously. Alderman Chessman referred to a sign which had been posted on the corner of Stokes Street and Dorchester Road and requested information respecting whether the work being done conforms to the by-law. ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Hineperger, that the matter be referred to staff for investigation and a report. Carried Unanimously. No. 498 - Chief Administrative Officer - Re: 1983 Debenture Issue. The report recommends that Council approve the resolution appearing on this eventng's agenda requestin~ the Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts as set out in the attached schedule. -5 - In reply to questions raised Mayor Thomson advised that a reply had not yet been received from the Premier of Ontario in response to the communication concerning the Whirlpool Road Bridge. Alderman Keighan requested that a report on this matter be received at the next meeting of City Council. Alderman Janvary declared a conflict of interest on #79-217, and #77-246 by reason of a property interest in the areas. Alderman Merrett declared a conflict of interest on #79-217, and #77-246 by reason of a business interest in the areas. ORDERED on the motion of Alderman Keighan, seconded by Alderman Cummings, that the report be received and adopted. The motion Carried with Aldermen Janvary and Merrett abstaining from the vote on conflicts of interest previously recorded, and all others voting in favour. See Resolution No. 115. No. 499 - Chief Administrative Officer - Re: Payment of Accounts. The report recommends payment of the accounts in the aggregate amount of $4,576,942.70 for the one week period ending September 26, 1983. Alderman Merrett declared a conflict of interest on Cheque NO. 20376 because his firm is part of the insurance pool. Alderman Hinsperger declared a conflict of interest on Cheque No. 20325 as an employee of the company. Alderman Coville declared a conflict of interest on Cheque No. 20344 by reason of being the person involved, and requested further information on the item. ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the report be received and adopted. The motion Carried with Aldermen Coyills, Hinsperger, and Merrett abstaining on conflicts of interest previously recorded, and all others voting in fayour. No. 500 - Chief Administrative Officer - Re: Surplus Regional property, north side of Morrison Street. The report recommends that the Regional Niagara Public Works Department be advised that the City of Niagara Falls is not interested in purchasing a triangular shaped parcel of land located on the north side of Morrison Street~ west of Drummond Road, behind the Princess Elizabeth School; and further, that the Region be asked that when the land is disposed of, they retain sufficient property for the proposed future grade separation on Morrison Street at the C.N. right-of-way. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger~ that the re~ort be received and adopted. Carried Unanimously. No. 501 - Chief Administrative Officer - Re: Encroachment - Fourth Avenue road allowance (5084 Willmort Avenue). The report recommends that the application for the passing of a by-law to permit the continuation of encroachment, of a dwelling upon the Fourth Avenue road allowance be approved, and the necessary by-law be e~acted by Council. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 83-210. No. 502 - Chief Administrative Officer - Re: Disposal of Laneway on Registered Plan 195 of the former Township of Stamford. The report recommends that Council pass the by-law appearing on tonight's agenda to establish part of Block B according to Registered Plan 195 for the former Township of Stamford as part of the lane in said Registered Plan 195. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. See By-law No. 83-207. -6- No. 503 - Chief Administrative Officer - Re: Extension of draft plan approval - Kingsview Subdivision, File N~. 26T-25184. The report recommends that a Council resolution supporting a further one year extension of draft plan approval for the above subdivision be forwarded to the Ministry of Municipal Affairs and Housing. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See Resolution No. 116. No. 504 - Chief Administrative Officer - Re: Fire Department Vehicles. The report recommends that Council approve the low tender bid of $9,885.00 for a 1984 model 4-door station wagon, and $8,673.00 for a 1984 model 4-door sedan from Motorville Chevrolet Oldsmobile Cadillac Ltd. of Niagara Falls, Ontario. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 117. RESOLUTIONS No. 111 - CUMMINGS - HINSPERGER - RESOLVED that the unit prices submitted for snow removal equipment for the 1983-1984 winter season, be accepted for the following: - Modern Crane Rentals Ltd. - rental of: (1 unit) 4-wheel drive front-end loader (2 units) trucks with plows - Montgomery Bros. Construction - rental of: (1 unit) 4-wheel drive front-end loader - Pizza General Contracting - rental of: (1 unit) grader - Modern White Lines Ltd. - rental of: (1 unit) 4-wheel drive front-end loader - L. Walter & Sons Excavating Ltd. - rental of: (1 unit) 4-wheel drive front-end loader (1 unit) grader - $55.00/HR. - 65.00/HR. - $41.00/HR. - $45.00/HR. - $57.00/HR. - $43.25/HR. 48.00/MR.' ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 112 - HINSPERGER - COVILLE - RESOLVED that the unit prices submitted by Steed & Evans Limited, for Contract R.C. 22-83 for roa~ reconstruction and storm & sanitary sewer installation on Main Street from Delaware Street to Murray Street - Stage I, be accepted at the low tendered price of $201,728.97; AND the Seal of Carried Unanimously· the Corporation be hereto affixed. No. 113 - CU~ff4INGS - SOMERVILLE - RESOLVED that the unit prices submitted by Walker Bros. Quarries Limited, for supply, treat, and stockpile of winter sand - 1983-1984 winter season, be accepted at the low tendered amount of $67,120.00; AND the Seal of the Corporation be hereto affixed. ' Carried Unanimously· No. 114 - CUMMINGS - HINSPERGER - RESOLVED that the unit prices'submitted by Motorville Chevrolet-Oldsmobile-Cadillac Ltd. for the supply of four (4) propane powered Chevrolet half-ton pickup trucks, be accepted at the low tendered amount Df $37,768.00; AND the Seal of the Corporation be hereto affixed· Carried Unanimously. No. 115 - KEIOHAN - CUMMINGS - RESOLVED that the Council of the Corporation of the~ City of N~aSara Falls hereby requests the Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below~ and - 7- further that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed. Construction O.M.B. Financing Retirement By-law No. No. ~equest Term 80-209 E801708 220,000 10 79-217 E791730 150,000 10 77-246 E771915 130,000 10 82-251 E821533 300,000 10 800,000 ; AND the Seal of the Corporation be hereto affixed. The motion Carried with Aldermen Janvary and Merrett abstaining from the vote on conflicts of interest previously recorded in Report No. 498, and all others voting in favour. No. 116 - CUMMINGS - BAKER - RESOLVED that the Council of the City of Niagara Falls supports a further one year extension of draft plan approval for the Kingsview Subdivision (File No. 26T-25184), and that the Ministry of Municipal Affairs and Housing be so advised; AND the Seal of the Corporation be hereto affixed. Carried UnanimouslyL No. 117 - KERRIO - HINSPERGER - RESOLVED that the unit prices submitted by Motorville Chevrolet Oldsmobile Cadillac Ltd. of Niagara Falls, for the following be accepted at the low tendered amounts of: - 1984 model 4-door station wagon - $9,885.00 - 1984 model 4-door sedan 8,673.00 ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously_ No. 118 - JANVARY - CUMMINGS - RESOLVED that a message of condolence be forwarded to the family of the late Francis Petrie, a member of several Historical Societies, official Historian for the City of Niagara Falls, and a respected resident of the Municipality; AND the Seal of the Corporation be hereto affixed. Carried Unanimously~ No. 119 - SOMERVILLE - KEIGHAN - RESOLVED that a message of condolence be forwarded to the family of the late Ronald Henry Redekop, a well known and highly respected resident of the area; AND the Seal of the Corporation be hereto affixed. Carried Unanimously_ BY-LAWS ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws and the by-laws be read a first time: No. 83-207 -'A by-law to designate part of Block B ,acCording to Registered Plan 195 fo~ the former Township of Stamford as part of the Lane shown on the said plan. No. 83-208 - A by-law to authorize the execution of a quit claim deed. No. 83-209 - A by-law to authorize the execution of an agreement with Steed and Evans Limited for road reconstruction and storm and sanitary sewer installation. No. 83-210 - A by-law to allow the maintaining and using of a building which encroaches on Fourth Avenue. No. 83-211 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Coville, Hinsperger, and Merrett, abstaining from the vote on By-law No. 83-211 as previously recorded in Repor~ No. 499~ and all others voting in ~avour. -8- -9 - ORDERED on the motion of Alderman Cunnnings, seconded by Alderman Baker, that the following by-laws be now read a second and third time: No. 83-207 - A by-law to designate part of Block B according to Registered Plan 195. for the former Township of Stamford as part of the Lane shown on the said plan. No. 83-208 - A by-law to authorize the execution of a quit claim deed. Solicitor General Robert Kaplan attended the conference. Alderman Merrett referred to a discussion with Premier Davis regarding the People Mover System, and a discussion with the Solicitor General concerning the prostitution problem in Niagara Falls. MUSICAL COMPETITION - N.F.C.V.I. No. 83-209 - A by-law to authorize the execution of an agreement with Steed and Evans Limited for road reconstruction and storm and sanitary sewer installation. No. 83-210 - A by-law to allow the maintaining and using of a building which encroaches on Fourth Avenue. No. 83-211 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Coville, Hinsperger, and Merrett, abstaining from the vote on By-law No. 83-211 on conflicts of interest previously~recorded,, and all others voting in fayour. ORDERED on the motion of Alderman Somerville, seconded by Alderman Coville~ that the following by-law be now read a third time: No. 83-141 - A by-law to authorize the construction of an asphalt overlay on McRae Street from Stanley Avenue to Victoria Avenue. Carried Unanimously. NEW BUSINESS DRAINAGE DITCH - CROWLAND TOWNSHIP A discussion was held with regard to a drainage ditch in Crowland Township which had been brought to the attention of City Council at the meeting held on September 12th, 1983. Mr. Harold Warner was granted permission to speak on'the motion of Alderman Merrett, seconded by Alderman Somerville. He advised that he had not yet received a report from the City in response to his concerns regarding the drainage ditch in Crowland. Mr. Warner discussed the blocking up of water by property owners. The Maintenance & Operations Engineer advised that he had visited the subject property today to make an inspection. He stated? that action would be taken to resolve the problem of the drainage ditch blockage. The Acting Director of Municipal Works stated that information concerni~g the problem is being assembled for inclusion in thereport for Council. His Worship Mayor Thomson advised that the matter had been referred to the Chief. Administrative Officer~ and a report would be completed upon his return from vacation. He further stated that the City Clerk would notify Mr. Warner when the report is scheduled fo~ the Cou~dil agdnda. ORDERED on the motion of Alderman Chessman, seconded by Aldeman Coyills, that City'staff investigate this matter and report back to Council as soon as possible. Carried Unanimously. DOWNTOWN.BOARD OF MANAGEMENT Alderman Merrett advised that the Downtown Board of Management was meeting on Wednesday morning, September 28th, 1983 at City Hall~ to discuss possible action under the C.A.U.S.E. Program of the Provincial Government. He advised that members of Council were invited to attend the meeting. JOINT CONFERENCE Alderman Merrett reported on his attendance at the Joint Conference of the Probation Officerss Association and the American Probation and Parole Association held recently in the City of NiaSara Falls. Premier Willinm Davis and the Alderman Janvary discussed a musical competition of Barbershop Quartettes she had attended on behalf of Mayor Thomson at the N.F.C.V.I. UNITED WAY - SLIDE PRESENTATION Alderman Janvary advised Council of a 20 minute slide presentation of the United Way which could be available for viewing by City Council. It was agreed that arrangements would be made for a presentation to Council. CANADIAN RACING PLATE Mayor Thomson reviewed a memorandum from the Director of Buildings & Inspections regarding action taken in response to concerns expressed by residents in the area of the Canadian Racing Plate industry. The communication indicates that application to the Ministry of Labour were available at City Hall and it was expected that Mr. Lawson of the Canadian Racing Plate would have the footings and foundation plans delivered to the Building Department at City Hall today. It was - further indicated that the the general contractor, Stelfab, had made application to the Welding Bureau and the application was presently being processed. SOCIAL SERVICES - PROPOSED CONSOLIDATION OF OFFICES His Worship Mayor Thomson reviewed a communication from C.U.P.E. adFising of the action taken by the C.U.P.E. Local to delay the decision of centralization of the Social Services Committee until a meeting on September 20th, 1983. The communication reviewed the position of the Local and its decision to cooperate with the "change in operations should it be endorsed by Regional Council and eventually take place". It was further indicated that the situation would be closely monitored following implementation. A brief discussion followed regarding the City of Niagara Falls communication with the Social Services Department expressing opposition to the proposed changes. It was agreed that a copy of the C.U.P.E. communication would be forwarded to the Social Planning Committee for information. NEWSPAPER COVERAGE His Worship Mayor Thomson discussed some recent articles which had appeared in the local newspaper expressing criticism of decisions made by City Council. He refuted some of the statements made by the press, and discussed "closed door decisions" and inaccuracy of remarks regarding Council's attitude towards concerned citizens. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the meeting adjourn. Carried Unanimously. READ AND "-,,, BRENNAN, CITY MAYOR WAYNE THOMSON THIRTY-SIXTH MEETING REGULAR MEETING Council Chambers October 3, 1983 Council met on Monday, October 3rd, 1983 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Puttick. His Worship, Mayor Thomson presided as Chairman. Alderman Hinsperger offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the minutes of the meeting held September 26th, 1983, be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS CENTRALIZATION OF G.W.A. DELIVERY SYSTEM - AND - COMMUNICATION FROM THE REGIONAL MUNICIPALITY OF NIAGARA ,! Communication No. 337 - The Regional Municipality of Niagara - Re: Centralization of G.W.A. Delivery System. ~he communication encloses an excerpt from the Social Services Committee meeting of September 20th, Reports DSS 17 and SSR 35, and advises that the recommendation for centralization of the G.W.A. Delivery System, proposed by the Social Services Committee, would be considered by the Regional Council at its meeting on October 6, 1983. DRDERED on the motion of Alderman Cummings, seconded by Alderman Rinsperger, that the communication be received and filed, and a copy forwarded to the Social Planning Council. It was further recommended that Councillors Mann and Sobol be invited to attend the next Regular Meeting of City Council to discuss the matter. Carried Unanimously. COMMUNICATIONS No. 338 - City of Windsor - Re: Penalties for non-payment of taxes. The communication requests the support of Council concerning a resolution to the Ninistry of Municipal Affairs and Housing for an amendment to legislation with regard to penalties for non-payment of taxes. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 339 - Regional Niagara Land Division Committee - Re: Policies and Procedures of the Corrmittee. The communication offers to meet with area Municipal Councils to discuss matters of mutual interest and general policies and procedures of the Committee. ORDERED on the motion of Alderman Keighan, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 340 - Niagara Falls Family Y.M.C.A. - Re: Slo-Pitch Tournament October 6 - 10, 1983, at the Niagara Sports Centre. The communication requests a Special Occasion Permit. ORDERED on the motion of Alderman Cummings, seconded bY Alderman Somerville, 'that the request of the Niagara Falls Family Y.M.C.A. for a Special Occasion Permit for the Slo-Pitch Tournament to be held on October 6, 7, 8, 9, and 10th, 1983, at the Niagara Sports Centre on Montrose Road, Niagara Falls, be approved, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 341 - Peggy Nanslat - Re: Intersection of Stanley Avenue & Morrison Street. ~he communication requests a school crossing guard to be placed at the inter- section of Stanley Avenue and Morrison Street, and discusses the dangerous traffic situation at the intersection, in connection with students of St. Mary's School. bits. Hanslar who was present at the meeting advised that her concern, ~lthj.regard, {~.the subject intersection., -2- ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary, that the communication be referred to the Municipal Works Depar.tment for investigation and a report to Council on October 3, 1983.. Carried Unanimously. No. 342 - Gidget Irvine - Re: 1983 "Skate-a-Thon". The communication advises that the skate-a-thon will raise funds for wheelchairs for senior citizens, and requests the use of two Niagara Transit buses to transport skaters on December 27th and 30th, 1983. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be referred to the Greater Niagara Transit Commission, and the Finance Committee for consideration. Carried Unanimously. No. 343 - Niagara South Federation of Agriculture - Re: "Agri-Food Week" - October 3 - 10, 1983. The communication requests that Council proclaim the week of October 3rd to lOth, 1983 as Agri-Food Week. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the request be approved subject to established policy. Carried Unanimously. No. 344 - Niagara Women In Crisis - Re: Update on Activities. The communication provides an update report on the organization's acti~itie§ including the hiring of a part-time professional Child Care Co-Ordinator, and information regarding the $4,000 donation from the Atkinson Foundation to provide child care equipment. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinspergsr, that the communication be received and filed. Carried Unanimously. No. 345 - Residents of Emery Street - Petition - Re: Sewer System. The communication requests the installation of storm sewers on Emery Street because of the inadequacy of the present system to handle the rainstorm on August 27th, 1983. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the communication be referred to the Municipal Works Department for investigationi and a report. Carried Unanimously. No. 346 - Niagara Falls Family Y.M.C.A. - Re: Representative on the Board. The' communication advises that the Board would welcome a member of Council as a non- voting member on the Board. Alderman Kerrio advised that due to conflicting commitments it was not always possible for him to attend the Y.M.C.A. Board meetings. ORDERED on the motion of Alderman Cummings, seconded by'Alderman Hinsperger, that the communication be received, and further, that Alderman Janvary be authorized to attend the Y.M.C.A. Board meetings. Carried Unanimously. No. 347 - Minister of Industry, Trade & Commerce - Re: City Designation. The communication discusses the criteria for the designation of municipalities under the Regional Development Program (IRDP), and the~possibility of changes dependant upon economic performance as measured by statistical indicators. Mayor Thomson discussed the necessity of waiting 6 - 9 months for redesignation considering the high rate of unemployment in Niagara Falls. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the communication be received and filed. Carried Unanimously. No. 348 - Chippaws Business Association - Re: "World's Largest Music Box". 1he communication requests the approval of Council to transform the Cummington Square bandstand into the "WorldIs Largest Music Box" for the Festival of Lights program scheduled for November 26th, 1983 to February 14th, 1984. O~ behaif of theAssociation, Alderman Baker advised that the display would 'be fully insured, p~table,.with~ca~e haken,,~ot.t~ deface the present structure. He further advised that the Hydro office would be contacted, and the project wa~ .to be financially supported by the businesses in Chippawa, at no cbst to,the City. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker, that the communication be received and the request approved. It was further ~recommended that a copy of the communication be forwarded to the Niagara Falls., Canada, Visitor and Convention Bureau. Carried Unanimously.~!.. REPORTS No, 505 - Chief Administrative Officer - Re: Seventh Report of the Plannlng -Development Committee regarding 4 pedestrian walkways and emergency accesses as part of the Committee~s and Council's continued process of review and 'recommendation. The report recommends the following: -- -3 - 1) That Walkway 13(1) from Pheasantlane westerly to Lalemant and Walkway 13(3) from Lalemant to the Park remain open. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the recommendation be received and adopted. The motion Carried on the following vote: AYE: Aldermen Baker, Chessman, Coville, Hinsperger, Janvary, Keighan, Kerrio, Merrett, Orr, and Somerville. NAYE: Alderman Cummings. 2) That Walkway 13(2) from Pheasant Lane southerly to the Ontario Hydro corridor be closed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the recommendation be received and adopted. The motion Carried on the following vote: AYE: Aldermen Baker, Chessman, Coyills, Cummings, Rinsperger, Janvary, Kerrio, Merrett, Orr, and Somerville. NAYE: Alderman Keighan. 3) That Walkway 13(5) from Woodgate Street southerly to Greenboughs Road, be closed. ORDERED on the motion of Alderman Somerville, seconded by Alderman Orr, that the recomraendation be received and adopted. The motion Carried on the following Vote: AYE: Aldermen Chessman, Coville, Cummings, Hinsperger, Keighan, Kerrio, Merret~, Orr, and Somerville. NAYE: Aldermen Baker, and Janvary. No. 506 - Chief Administrative Officer - Re: Transfer of Licence Agreement - Sophia Street Road Allowance. The report recommends that the licence agreement with William Gerber for the use of the Sophia Street road allowance and boathouse be transferred to Mr. William Hooper. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 507 - Chief Administrative Officer - Re: Sale of Lots 24 and 25, Plan M-67, Falls Industrial Park Extension. The report recommends that Council pass the by-law appearing on tonight's agenda to amend By-law 83-189, being a by-law to authorize the sale of land in the Falls Industrial Park Extension. ORDERED on the motion of Alderman Keighan, seconded by Alderman Binsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 83-213. No. 508 - Municipal Works Committee - Re: 1983 Sidewalk Repair Program - Additional Works. The report recommends that the unexpended funds in the 1983 Sidewalk Repair Program by contract, which amount to approximately $20,000, be utilized to undertake sidewalk repairs by City forces at the following locations: 1) Dyson Avenue between Leader Lane and Ferguson Street; 2) West side of Portage Road to the South of Colborne Street, and in front of A & P Plaza. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 509 - Municipal Works Committee - Re: Sidewalks in the vicinity of Portage Road Bridge over the H.E.P.C. Canal. The report recommends that the advisory report contained therein be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 510 - Municipal Works Committee - Re: Pavement Analysis Program. The report recommends that the firm of PMS Limited be engaged at a cost of $12,000 to undertake a pavement analysis study for the proposed 1984 Road Improvement Program. ORDERED on the motion of Alderman Somerville, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolu'tton No. 122. -4- -5 - No. 511 - Municipal Works Con~nittee - Re: Q.E.W. between the Optimist Park and Thorold Stone Road. The report recommends the following: 1) That City Council endorse the petition from the area residents for the installation of an acoustical barrier along the Q.E.W., between the Optimist Park and the Thorold Stone Road exit; 2) That the Resolution appearing on the Council's Agenda of October 3, 1983, in this regard be forwarded to the Ministry of Transportation and Con~nunications. ORDERED on the motion of Alderman Keighan, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. Request for Acoustical Barrier along U · See Resolution No. 120. No. 512 - Municipal Works Committee - Re: Remedial Measures on certain Walkways within the City of Niagara Falls. The report recommends that staggered fencing be installed at the following walkways: 1) Pedestrian walkway from Brian Crescent to Harriman Avenue; 2) Pedestrian walkway from Brian Crescent to Dorchester Road, adjacent to the Dorchester Road Fire Hall; 3) Pedestrian walkway from Harleyford Crescent to Corry Crescent; 4) Pedestrian walkway from Rapelie Street to Ares Court; 5) Pedestrian access from Fairfield Crescent to Stamford Park (former Landfill Site) - both ends; '6) Pedestrian access from Devon Drive to Baden Powell Park; AND that "motorized vehicles prohibited" signs be erected where deemed appropria[{ ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that t~ report be received and adopted. Carried Unanimously. No. 513 - Municipal Works Committee - Re: 1983 Sewage Flows to Pollution Control Plant. ?he report recommends the following: 1) That the report on sewage flows be received and filed; 2) That Staff be directed to review 1983 Budgets and expenditures in order thatl overall expenditures for 1983 do not exceed the budget as a result of the anticipated over-expenditure for sewage treatment cost; and 3) That Staff undertake an advertising campaign aimed at eliminating downspout connections to the sanitary sewer system. ORDERED on the.motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 514 - Municipal Works Committee - Re: Superintendent - Water Department. The report recommends the following: 1) That Mr. S. Raven be appointed Superintendent - Wa~er Department, commencing at an annual salary of $32,975 retroactive to September 12, 1983; and 2) That the position of Assistant Superintendent - Water Department, not be filled at this time. ORDERED on the motion of Alderman 0rr, seconded by Alderman Cummings~ that the report be received and adopted. Carried Unanimously. No. 515 - Chief Administrative Officer - Re: 1984 M.T.C; and 1984 MOE/MEA Training Courses. The report recommends that nine (9) members of staff be authorized to attend training courses sponsored by the M.T.C. and the MOE/MEA. ORDERED on the motion of Alderman Cummings, seconded by Alderman ~anvary~ that the report be received and adopted. Carried Unanimously. No. 516 - Chief Administrative Officer - Re: Co-Operative Tender, Sodium Chloride (Salt). The report recommends that the tender be awarded to the low bidder, Canadian Salt Co,, Ltd., at a COSt Of $24.99 per tonne for bulk Sodium Chloride. ,ORDERED on the motion of Alderman Cununlngs, seconded by Alderman OrrJ that the report be received and adopted. Carried Unanimously. See Resolution No. 123. School Crossing - Dunn Street at The report recommends that a School Crossing Guard be authorized No. 517 -' Chief Administrative Officer - Re: Carlton Avenue. for Dunn Street at its intersection with Carlton Avenue. ORDERED on the motion of Alderman Keighan, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. No. 518 - Chief Administrative Officer - Re: Tender for Dump Truck/Snowplow Units. The report recommends that the tender of Archer Truck Services Ltd. in the amount of $90,497.37 for the supply of two (2) diesel powered 1984 'S' line 1954 International trucks equipped with 6 cu. yd. dump boxes and for the modification and transfer of City owned snowplow harnesses to the new equipment be accepted. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 124. No. 519 - Chief Administrative Officer - Re: Energy Conservation Program - Oil Conversion. The report recommends that the information contained therein be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 520 - Chief Administrative Officer - Re: Payment of Accounts. The report recommends payment of the accounts in the aggregate amount of $304,906.24 for the one week period ending October 3rd, 1983. Alderman Hinsperger declared a conflict of interest on Cheque No. 20455 as an employee of the company. Alderman Cheesman declared a conflict of interest on Cheque No. 20515 by reason of his wife being an employee of the firm. Further information was requested on Cheque No. 20852, and a report on No. 20491. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Alderman Chessman abstaining from the vote on Cheque No. 20515, and Alderman Hinsperger abstaining from the vote on Cheque No. 20455, on conflicts previously recorded, and all others voting in fayour. RESOLUTIONS No. 120 - KEIGHAN - HINSPERGER - RESOLVED THAT WHEREAS the Council of the Corporation of the City of Niagara Falls has received a petition from area residents requesting the installation of an acoustical barrier along the East side of the Queen Elizabeth Way, between Highway 420 and Thorold Stone Road, more specifically between the North Limit of the Optimist Park and the Thorold Stone Road exit ramp; AND WHEREAS City Council is supportive of the request; AND WHEREAS the responsibility for the installation of an acoustical barrier at this location rests with the Ministry of Transportation and Conmunications; NOW THEREFORE BE IT RESOLVED that the Minister of Transportation and Communication~ be requested to install the acoustical barrier as requested at the earliest date possible; AND that a copy of the petition be forwarded to the Minister of Transportation and Communications for consideration; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 121 - ORR - JANVARY - RESOLVED THAT WHEREAS the Minister of Labour has already served notice that the specifications of the Ontario Code for the Head Protection of Fire Fighters be mandatory effective 3une 1, 1983; AND WHEREAS the Province of Ontario is considering more regulations under the Occupational Health and Safety Act respecting protective equipment to be used by firefighters; AND WHEREAS the proposed regulations~ if approved, will require new equipment for facej hand and foot protection, turn-out coats and turn-out pant8~ and respiratory equipment and other such protective equipment; AND WHEREAS the cost of implementing the proposed regulation8 for the City of Niagara Falls alone would amount to over $150,000.00; .JL_ .I -6 - AND WHEREAS there are several thousand permanent and volunteer firefighters in Ontario; NOW THEREFORE BE IT RESOLVED that the Province of Ontario be petitioned to assist municipalities with the financial burden for the cost of changeover to the equipment proposed under the new Regulations; AND, that a copy of the Resolution be forwarded to The Honourable William Davis, Premier of Ontario, and The Hon0urable R. H. Ramsay, Minister of Labour; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 122 - SOMERVILLE - HINSPERGER - RESOLVED that the flrm of PMS Limited be engaged to undertake a pavement analysis study for the proposed 1984 Road Improvement Program, at a cost of $12,000.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 123 - CUMMINGS - ORR - RESOLVED that the unit prices submitted by Canadian Salt Co., Ltd., for bulk Sodium Chloride (Salt), be accepted at the low tendered amount of $24.99 per tonne; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 124 - CUMMINGS - HINSPERGER - RESOLVED that the unit prices submitted by Archer Truck Services Ltd. for the supply of two (2) diesel powered 1984 'S' line 1954 International trucks equipped with 6 cu. yd. dump boxes and for the modification and transfer of City owned snowplow harnesses to the new equipment be accepted at the low tendered amount of $90,497.37; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that leave be granted to introduce the following by-laws and the by-laws be read a first time: No. 83-212 - A by-law to authorize the sale and conveyance of the former Village of Chippaws pumphouse to The Niagara Parks Commission. No. 83-213 - A by-law to amend By-law No. 83-189, being a by-law to authorize the sale of land in the Falls Industrial Park Extension. No. 83-214 - A by-law to provide monies for general p~rposes. The motion Carried with Aldermen Chessman and Hinsperger abstaining from the vote on conflicts of interest. previously recorded in Report No. 520, and all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnspergei, that the following by-laws be now read a second and third time: No. 83-212 - A by-law to authorize the sale and conveyance of the former Village of Chippawa pumphouse to The Niagara Parks Commission. No. 83-213 - A by-law to amend By-law No. 83-189, being a by-law to authorize the sale of land in the Falls Industrial Park Extension. No. 83-214 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cheesman and Hinsperger abstaining from the 'vote on conflicts of interest previously recorded~ and all others voting in favour, ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinspergers that the foll~wing by-law be now read a third time: No. 80-209 - A by-law to authorize the reconstruction of the bridge on Whirlpool Road over the Ontario Hydro Power Canal, Carried Unanimously, - 7- REPORT No. 521 - Chief Administrative Officer - Re: C.O.E.D. Program - Streets Department. The report recommends that the information contained therein be received and filed. Fir. Harold Warner, who had originally brought the matter to attention of the City, received a copy of the report. A brief discussion ensued, and further information was requested in relation to the work done on property in the Crowland Township area, i.e., hours of work for the clean-up, cost for clothing supplied to the C.O.E.D. workers, and the City's cost per hour. Mr. Warner expressed appreciation of the report, but advised that the information concerning hours of work on the property in question, being "from the Q.E.W., west to where the drain meets the Bigger Road." Mr. Warher requested further information with regard to Lots 1 and 2. The benefits of the program were discussed, and it was suggested that a report should be prepared concerning this aspect of the C.O.E.D. program. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted, and further that a report be received containing additional information with respect to the Crowland Township clean-up, and the beneficial results of the C.O.E.D. program in other parts of the City. Carried Unanimously. NEW BUSINESS SIGN AT CORNER OF DORCHESTER ROAD/STOKES STREET Alderman Cheesman advised that the Building Department had investigated the matter of the sign at the corner of Dorchester Road and Stokes Street, which had been referred to at a previous Council meeting. Council was further advised that the owner had agreed to remove the letters from the sign and leave the sign in position. The matter had been referred to the City Solicitor for further information. CONSTRUCTION LIEN ACT OF 1983 Alderman Cheesman informed Council of an article in the April 2nd, 1983 edition of "Municipal World" which indicated the replacement of the Mechanics Lien Act With the Construction Lien Act of 1983. He suggested that the change in legislation might influence the City's subdivision agreement policy. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the matter be referred to ~he Solicitor for,information. .~ Carried Unanimously. STAFF REPRESENTATION AT COUNCIL MEETINGS Alderman Cummings referred to a former suggestion that staff representatives of City Departments should be available at Council meetings to provide required information. HiS Worship, Mayor Thomson advised that it was a policy of the Chief Administrative Officer, to have representation available at Council meetings and that most departments were represented. BLUEPRINT FOR WASTE MANAGEMENT IN ONTARIO Alderman Coville dlscussed't~e confusion of the public concerning the Blueprint for Waste Management in Ontario, and the Ontario Waste Management Corporation. ONTARIO WASTE MANAGEMENT CORPORATION (OWMC) His Worship, Mayor Thomson advised that City Staff would be presenting a brief to the OWMC regarding the proposal of the City of Niagara Falls as a Possible site for industrial waste, prior to the end of November, 1983. -8- PATRICIAN LAND CORPORATION LTD. His Worship Mayor Thomson referred to a communication received on this date from the Patrician Land Corporation Ltd. with regard to the Downtown Redevelopment Proposal. The communication advises that because of lack of government funding for the acquisition of land, the resistance with respect to obtaining a major tenant for the project, and Patrician Land's present circumstances, that participation of the Corporation in the Downtown Redevelopment of the City of Niagara Falls is declined. A request was made for the return of unexpended funds to Patrician Land Corporation Ltd. by the City. The actions taken concerning the Downtown Redevelopment proposal as well as the government funding programs were discussed. It was suggested that there was a need for a higher population density in the downtown area. MORRISON STREET REPAVING Alderman Janvary referred to the recent repaying of Morrision Street, and expressed appreciation of the work done. The meeting adjourned. READ AND.A~Q~TED, ./CflTY CLER His Worship Mayor Thomson discussed the problems caused by trucks operating under the contract, using Maple Street and other roadways. NEWSPAPER ITEMS His Worship, Mayor Thomson expressed concern regarding items which appear in the local newspaper. He referred to remarks made in an editorial column in the Niagara Falls Review on Saturday, October 1, 1983. Mayor Thomson indicated that he was upset in particular with remarks respecting his personal life. ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that the meeting adjourn to Commi the Whole. Carried Unanimously. READ AND ~ ~WHOLE MAYOR WAYNE THOMSON Committee Room #1 October 3, 1983 Council met on Monday, October 3rd, 1983 at 8:45 p.m. in Committee of'the Whole following a Regular Meeting. All members of Council were present with the exception of Alderman Puttick. Alderman Keighan presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND.~D._.~AD6PTED, MAYOR WAYNE THOMSON Council Chambers October 3, 1983 Council reconvened in formal sesson on Monday, October 3rd, 1983 following a meeting in Committee of the Whole. All members of Council were present with 'the exception of Alderman Puttick. His Worship, Mayor Thomson presided as Chairman. -9- MAYOR WAYNE THOMSON THIRTY-SEVENTH MEETING Committee Room #1 October 11, 1983 Council meton Tuesday, October llth, 1983 at 6:45 p.m. in Committee of the Whole. All members of Council were present. Alderman Baker presided as Chairman. Following consideration of the items presented, the committee of the Whole arose without reporting. READ CLE[ MAYOR WAYNE THOMSON blNG Council Chambers October 11, 1983 Council met on Tuesday, October llth, 1983 at 7:00 p.m. for the purpose of considering Planning Matters. All members of Council were present. His Worship Mayor Thomson presided as Chairman. Alderman Keighan offered the Opening Prayer.- ADOPTION OF MINUTES Alderman Puttick requested that the recent communication from Patrician Land Corporation Ltd. be discussed at the next meeting of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the minutes of the meeting held October 3rd, 1983 be adopted as printed. It was further recommended that staff investigate the Patrician Land Corporation Ltd. agreement and submit a report at the next meeting of City Council. Carried Unanimously. UNFINISHED BUSINESS PROPOSED CLOSING OF WALKWAY 32(1) BETWEEN EPWORTW CIRCLE & RYERSON CRESCENT - AND - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 521 - Chief Administrative Officer - Re: Proposed closing of Walkway 32(1) between Epworth Circle and Ryerson Crescent opposite Rice Crescent. he report recommends that Council hear any persons who wish to speak on this matter and consider the information set out in the background section of this report before deciding whether to continue with or abandon the proposed closing of the above walkway. Mr. Steve Foster was granted permission to address Councll on the motion of Alderman Cummings, seconded by Alderman Hinsperger. fie discussed the inadequate maintenance.of the subject walkway, and the adverse effects of the walkway on his property in terms of garbage and stealing. Mr. Foster stated that Mr. McCracken had indicated approval of the closing of the walkway and of purchasing the property. Mrs. Dianne Brown - 4737 Ryerson Crescent expressed objection to the walkway. She referred to many unwanted activities taking place on the walkway, and to her unsuccessful attempts to rectify the problems through the N.F.C.V.I. and the Police Department. Mrs. Katharine Taylor, 4752 Ryerson Crescent, discussed the problems caused by the open walkway on her property~ aud the unfavourable behaviour of pedestrians using the walkway from September to May. Mrs. Taylor referred to the need for maintenance of the walkway. Dr. Donald R. Johnston, representing the Patrons of Niagara Falls Kiwanis Club ~ravelogue Series, referred to the convenience of the walkway to people in the City and stated that if it was closed it would "never be open again". . ORDERED on the motion of Alderman Puttick~ seconded by AldermaD Somerville, that .L_. -2- the matter be deferred pending further information concerning the problems on the walkway and a report from the Police Department. The motion was Defeated on the following vote: AYE: Aldermen Janvary, Keighan, Puttick, and Somerville. NAYE: . Aldermen Baker, Cheesman, Coville, Cummings, Hinsperge~, Kerrio, Merrett, and Orr. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that Walkway 32(1) be closed, subject to the parties involved participating in the acquisition of the property. The motion Carried on the following vote: AYE: Aldermen Baker, Chessman, Coville, Cummings, Hinsperger, Kerrio, Merrett, and Orr. NAYE: Aldermen Janvary, Keighan, Puttick, and Somerville. ORDERED on the motion of Alderman Puttick, seconded by Alderman Somerville, that a report be received from the Police Department with respect to the problems on Walkway 32(~) and in the area of the N.F.C.V.I. Carried Unanimously. - AND - Communication No. 349 - Marjorie Knapp - Re: Walkway' from Epworth Circle to Ryerson Cresc. The communication requests that the walkway remain open. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. - AND - Communication No. 350 - Robert McCracken & Family - Re; Walkway - Epworth Circle. The communication refers to the problems in the existing walkway and expresses opposition to the walkway remaining open. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. PROPOSED CLOSING OF WALKWAY 72(3) BETWEEN WEYBURNCIRCLE AND EAST LIMIT OF BLOCKS "J" & "K", PLAN M-53 - AND - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 522 - Chief Administrative Officer - Re: Proposed closing of Walkway 72(3) between Wayburn Circle and the east limit of Blocks "J" and "K" in Plan M-53 (Ontario Housing Corporation, Charnwood Subdivision). The report recommends that Council decide whether it is in favour of reconveying Block "H", Plan M-53 to Ontario Land Corporation. His Worship Mayor Thomson received a negative response with regard to persons wishing to speak on the matter. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that Block "R", Plan M~53 be-reconveyed tq 0ntario~Land Corporation. ~ Carried Unanimously. ~ REPORTS - PLANNING MATTERS No. 523 - (PD/78/83) - Chief Administrative Officer - Re: River Road Study Area - Neighbourhood Plan. The report recommends the following: 1) That the recommendations of the consulting firm of Walker, Wright, Young & Associates Ltd., as presented in the River Road Neighbourhood Plan~ be adopted by Council. 2) That staff be directed to proceed with the implementation of the proposed plan through the preparatio~ of the necessary Official Plan and Zoning By-law amendment, ." The Senior Planner reviewed the information contained in the ~eport, presented a visual demonstration by the use of maps of the area~ and replied to questions raised regarding the guideline for future development ~nd redevelopment in,the River Road area. Members of Council discussed the disposal of properties which become available in the subject area~ the on-going studies of the Niagara Parks Comml~sion and their remedial work. Council was advised that the N.P.G. would review the data at ire next meeting. -3 - ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the report, as outlined, be received and adopted. Carried UnanimouslyL No. 524 - (PD/72/83) - Chief Administrative Officer - Re: Requests for Street Name Changes. The report recommends that Council approve the Street Name Committee's recommendations regarding individual street name change requests as outlined in the attached Technical Report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that the 50 foot long turn-around south of the 5 corners intersection on Thorold Stone Road be named St. Luke Street. The motion Carried on the following vote: AYE: Aldermen Baker, Chessman, Cummings, Hinsperger, Janvary, Keighan, Kerrio, Merrett, Orr, Puttick, and Somerville. NAYE: Alderman Coville. No. 525 - (PD/80/83) - Chief Administrative Officer - Re: Tabling of Planning Applications under the new Planning Act Procedures. The report recommends in the event that planning applications are tabled at the request of an applicant, the costs of recirculation be borne by the same. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report barecalved and adopted. C~rried Unanimously. No. 526 - (PD/79/83) - Chief Administrative Officer - Re: Progress Report, Official Plan Consolidation Study~ The report reviews the purpose of the Official Plan Consolidation Study, discusses the terms of reference, the staff review, and additional matters to be included in the Official Plan. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. REPORTS No. 527'- City Clerk - Re: AM-9/83 - Restricted Area By-law No. 83-153, Dino DiCienzo (Colonial Inn). ~he report recommends that the date of the Ontario Municipal Board Hearing respecting the above By-law be noted and that this report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the repor~ be received and adopted. Carried Unanimously. No. 528 - Chief Administrative Officer - Re: Am-13/83, Restricted Area By-law No. 83-179, proposed Nursing Home, Lundy's Lane. The report recommends that City Council determine if it still wishes to seek O.M.B. approval of the By-law, and if so, that the Clerk be directed to forward the By-law along with letters of support and letter of objection to the Board with the request for a hearing. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 529 - Chief Administrative Officer - Re: Site Plan approval - proposed Cultural Centre - Club Itslie, Kalar Road (east side~ south of Mountain Road). The report.recommends the following: 1) That the Council approve the site plan on display at tonight's meeting, being a proposed Cultural Centre and recreational facility, and the site plan being.drawing number 1 dated September 20, 1983 and filed with the Buildings & Inspections Department of the City of Niagara Falls on October 11, 1983 and that such approval be subject to the conditions outlined in the report; 2) That the by-law appearing on tonight's agenda to authorize the site plan agreement be passed. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. See By-law No. 83-216. No. 530 - Chief Administrative Officer - Re: Closing and Sale of the Branchard Road Allowance, being Part of Township Lot 35 for the former Township of Stamford~ designated as Parts 1~ 3, 7, 8~ and 9, Plan 59R-4013. The repor~ recommends ~4 - - 5 - that the by-law appearing on tonight's agenda to authorize the closing of the Branchard Road allowance, being part of Township Lot 35 for the former Township of Stamford, designated as Parts 1, 3, 7, 8, and 9 on Plan 59R-4013, and the conveyance thereof be passed. Alderman Janvary and Mayor Thomson declared conflicts of interest by reason of having a relative in the area. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the report be received and adopted. The motion Carried with Alderman Janvat and Mayor Thomson abstaining from the vote on conflicts of interest previously recorded, and all others voting in fayour. See By-law No. 83-215. No. 531 - Chief Administrative Officer - Re: Payment of Accounts. The report recommends payment of the accounts in the aggregate amount of $643,418.24 for the one week period ending October 11, 1983. Alderman Hineperger declared a conflict of interest on Cheque No. 20647 by reason of employment with the company. Additional information was supplied for Cheques No. 20641, 20643, 20657, and 20723. A report was requested on Cheque No. 20651. ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the report be received and adopted. The motion Carried with Alderman Htnsperger abstaining from the vote on a previously recorded conflict of interest on Cheque No. 20647, and all others voting in favour. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that leave be granted to introduce the following by-laws and the by-laws be read a first time: to a communication from the City of Niagara Falls. The communication clarified the position of the Ontario Government "not getting involved in matters that are the specific responsibility of the Hydro Board and its management". ORDERED on the motion of Alderman Keighan, seconded by Alderman Baker, that a discussion on the matter be deferred to October 17th, 1983, and copies of the communications be forwarded to members of Council. Carried Unanimously. POLLUT~JqTS IN NIAGAP~{ RIVER Alderman Keighan referred to the delay in the report expected from the International Joint Commission regarding its study on the pollution in the Niagara River. ORDERED on the motion of Alderman Keighan, seconded by Alderman Merrett, that the Chief Administrative Officer be directed to write the International Joint Commission concerning the matter. Carried Unanimously. FLOODING - HARMONY & WESTLANE AREA Mayor Thomson referred to recent contacts from concerned residents in the Harmony Avenue and Westlane area, with regard to flooding. ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that the matter be referred to Staff for investigation and a report on the flooding in the Harmony and Westlane Area. Carried Unanimously. MONTROSE & NETHERBY ROADS Alderman Coville requested that Staff investigate the intersection of Montrose and Netherby Roads with the possibility of installing a flashing signal at the intersection. ORDERED on the motion of Alderman Coville, seconded by Alderman Somerville, that the matter be referred to Staff for an imnediate investigation with a view to the possible installation of a flashing signal at the intersection. Carried Unanimously. No. 83-215 - A by-law to authorize the stopping up, closing and sale of Branchard Road. No. 83-216 - A by-law to authorize a site plan agreement with Club Italia & . i g r s Order of the Sons of Italy Ontario Lodge 5. READ AND DOPTED, N a a a Fall e t Ca r t bstaining from the vo NAN~, C~ CLERk- on By-law No.'i~'~-215, as previously recorded in Report No. 530; Alderman Hinsperg~'-' abstaining from the vote on By-law No. 83-217 as previously recorded in Report ,. ., No. 531; and all others voting in favour. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: No. 83-215 - A by-law to authorize the stopping up, closing and sale of Branchard Road. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that-the meeting adjourn to Commit~&o~ the Whole. Carried Unanimously. J ' "'~'MAYOR WAYNE No. 83-216 - A by-law to authorize a site plan agreement with Club Italia & Niagara Fails Order of the Sons of Italy Ontario Lodge 5. ,~'WROLE Committee Room #1 October 11, 1983 Council. met onTuesday, October llth, 1983 at 8:20 p.m. in Committee of the Whole following a Planning Meeting. All members of Council were present. Alderman Baker presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. ~&' ~aa MAYOR WAYNE THOMSON No. 83-217 - A by-law to provide monies for general purposes. ~ ~ READ AND AD TED, ' The motion Carried with Mayor Thomson, Aldermen 3anysty and Binsperger abstainin~ i! .... ~.AD/QP ,from the vote on conflicts of interest previously recorded, and all others vottn~ ~ in f avour. ITY CLE .' NEW BUSINESS ! .~ ., wMi L 00£ mAD BRID E ] , ' ' His Worship Mayor Thomson reviewed a communication from Honourable William G. Davis, Premier of Ontario, regarding the Whirlpool Road Bridge, .and in res -6 o COUNCIL MEETING Council Chambers October 11, 1983 Council reconvened in formal session on Tuesday, October llth, 1983 following a meeting in Committee of the Whole. All members of Council were present. His Worship~ Mayor Thomson presided as Chairman. The meeting adjourned THIRTY-EIGHTH MEETING Committee Room #1 October 17, 1983 Council met on Monday, October 17th, 1983 at 7:15 p.m. in Committee of the Whole. All members of Council were present. Alderman Janvary presided. as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ. D'ADOPTED, . MaYoR WAYNE //~- iON Council Chambers October 17, 1983 Council met on Monday, October 17th, 1983 at 7:30 p.m. in General Co~nittee Session. All members of Council were present. His Worship Mayor Wayne Thomson presided as Chairman. FORMAL SESSION ~TIFICATION OF GENERAL COMMITTEE DECISIONS DEPUTATIONS UNITED WAY CAMPAIGN - SLIDE PRESENTATION Mrs. Elaine Woon, Chairman of the United Way Campaign in Niagara Falls, reviewed past participation of the City of Niagara Falls in the United Way, the involvement of volunteers, fund raising activities, campaign goal, and requested the endorsement of Council. A slide presentation visually demonstrated the organizations which receive assistance from the United Way. Mrs. Woon explained the proposed program to approach area residents for donations of $500 or more. Mr. W. Meredith, Past President of the United Way Board of Directors, discussed the needs of the "new unemployed", and the co-ordinated efforts of the United Way with other organizations in the area, to assist in proving "real solutions to real problems". His Worship Mayor Thomson expressed appreciation of the United Way program and Campaign. He discussed the emergency food service in the City. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that congratulations be offered to the United Way Board of Directors and personnel involved, and the support of the City of Niagara Falls in the present campaign. Carried Unanimously. FESTIVAL OF LIGHTS - GEORGE BAILEY AND JOHN BOLVANSKY [i.~d Unanimously. M~. George Bailey, Public Relations Manager for the Niagara Parks Commission, discussed the advertising support for the Festival of Lights which is being received from Eastman Kodak of Canada, anticipated support for the Festival, the proposed 5 year plan, as well as funds invested in the project. He reviewed the benefits to the community, publicity through the Ministry of Industry and Tourism, and the approach of Judy Wild, Niagara Tourist Bureau, to other municipalities with regard to the Festival of Lights. Mr. Bailey advised of the numerous enquiries concerning the project, and replied to questions raised regarding motel accommodation and the possibility of "off season" rates. - AND - Communication No. 351 - Niagara Falls, Canada, Visitor & Convention Bureau. J_. Re: Festival of LiBhts. The communication requests the participation of the City in the form of banners to cross main arteries advertising the Festival. Mr. John Bolvansky, General Manager of the Bureau, suggested that the banners could be erected in ].983, and possibly during the "peak tourist season" in 1984. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cummings, that the communication be referred to the Finance Committee for consideration, and further~ that Mr. John Bolvansky provide the Committee with a cost estimate. -2 - AGAINST DRUNK DRIVING (A.DoD.) - MRS. VALERIg LABINE Communication No. 352 - Against Drunk Driving (A.D.D.) - Re: Endorsement of the organization. The co~nunication requests an appointment to address City Council to request endorsement of A.D.D. Mrs. Labins discussed the organization's historical backgrouad, Constitution and Objectives. She explained that the organization was funded entirely on membership fees and personal donations. Mrs. Labins requested a letter of endorsement from City Council, and further, that the week of December llth to 17th, 1983 be proclaimed Against Drunk Driving Week. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the communication be received and filed, and that the week of December llth to 17th~ 1983 be proclaimed "Against Drunk Driving Week", providing the wording of the proclamation has the approval of the City Solicitor. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that a letter of endorsement of the organization be forwarded from the Office of the Mayor. Carried Unanimously. APPLICATION FOR REFRESIIMENT VEHICLE LICENCE - AND ~ REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 532 - Chief Administrative Officer - Re: Application for Refreshment Vehicle Licence. The report recommends that Council determine if it wishes to approve a Refreshment Vehicle Licence for a truck known as "Wings on Wheels" to operate in various places in the City. The City Clerk advised that communications had been received from the Niagara Falls Fire Department and the Regional Niagara Health Unit which included recommendations for improvement of the vehicle prior to approval for the proposed use. Alderman Baker declared a conflict of interest by reason of having a food catering business in St. Catharines with clients in Niagara Falls. Mr. Steve Benyo outlined his proposal for the provision of foods and beverages in the City of Niagara Falls. He replied to questions raised with regard to hours of operation, place of food preparation~ parking of the vehicle, past experience, and present occupation. ORDERED on the motion of Alderman Puttick, seconded by Alderman 0rr, that the report be received and the application denied. The motion Carried with Alderman Baker abstaining on a conflict of interest previously recordedj and all others voting in fayour. UNFINISHED BUSINESS PROPOSED EMERGENCY HEALTH SERVICES SYSTEM - AND - LETTE~ FROM THE GREATER NIAGARA GENERAL HOSPITAL - AND - LETTER FROM THE REGIONAL MUNICIPALITY OF NIAGARA Communication No. 353 - The Greater Niagara General Hospital (GNGH) - Re: Proposed Emergency Health Services System. The communication responds to a letter from the City of Niagara Falls with regard to a motion passed by the City of Kingstons concerning an Emergency Health Services System, and concludes that due to the efforts of Heart Niagara, Niagara Falls was probably five years ahead of KinSston through the efforts of volunteers. ORDERED on the motion of Alderman Keighan~ seconded by Alderman Orr~ that the communication be received and filed, and further, that a copy be forwarded to the Social Planning Council. Carried Unanimously. - AND - Communication No. 353.(a)The Regional Municipality of Niagara - Re: 911 Emergency Telephone Service. The communication advises that Dr. S. W. Dobbin has been contacted and requested to attend the next meeting of the Committee on October 12. The communication further advises of a seminar scheduled for November 28, 1983. ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. CENTRALIZATION OF SOCIAL SERVICES - AND - LETTER FROM REGIONAL NIAGARA SOCIAL SERVICES DEPARTMENT Communication No. 354 - Regional Niagara Social Services Department - Re: Centralization of Field Services. The communication indicated awareness of the - 3 - concerns of the City of Niagara Falls, the decision to proceed with the proposed Centralization of Field Services, and suggested that Mr. M.G. Fraser, Director of Social Services, and Mr. Ron Book~ Chairman of the Social Services Committee, discuss the concerns at a Council meeting in Niagara Falls. Mr. Peter Sobol, Regional Councillor, discussed the beneficial effects of the proposed centralization of the field services in terms of efficiency and savings. He was not aware of the proposed placement of senior staff in the area offices being closed, nor of reduced salaries. Councillor Sobol referred to a greater flexibility in staff assignments, the development of specialization, Provincial and Regional savings of $190,000, the possibility of increased car and mobile phone systems to provide greater service to clients in their homes, a re-organization of the supervisory structure, and a possible review of the system in 9 months'.kige- His Worship Mayor Thomson discussed the problems not handled by the Case Workers~ which he deals with, the current high rate of unemployment in the City, the Co-ordinated Emergency Services program initiated by the City of Niagara Falls, and the request of this Council that the centra:lization be deferred until the economy improved. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the Director of Social Services, the Chairman of the Social Services Committee, and Regional Councillors Mann, Smeaton, and Sobol be invited to attend a meeting of City Council to discuss matters pertaining to the report. Carried Unanimously. COMMUNICATIONS No. 355- Kirkby's House of Interiors Ltd. - Re: Propane Tank, Shell Service Station. The communication discussed the Propane Tank located at the Shell Service Station on Lundy's Lane at Glenholme Avenue, and a recent occurrence with regard to escaping gas. The communication further advises that $300 is being claimed as reimbursement for loss of business and production as a result of the incident, and requests that consideration be given to the location of propane tanks in populated areas. The Chief Administrative Officer advised that the Gasoline Handling Act includes the handling of propane. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the matter be referred to Staff for a report. Carried Unanimously. No. 356 - .Environment Canada - Re: Environmental Challenges: 1983. The communication advised that Environment Canada is holding its First Public Consultation Conference in Hamilton, Ontarlo on October 27th to 29th, 1983, to address environmental issues, encloses invitations, and invites attendance and contributions from the City of Niagara Falls. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings that the communication be received and representatives of Council and staff attend if po88ible. Carried Unanimously. No. 357 - Minister of Municipal Affairs & Housing - Re: Payment of grants for Ontario Bicentennial. The communication acknowledges Council's resolution to accept a grant for public celebrations of Ontario's Blcentennial and advises that area co-ordinators will discuss projects under consideration. ORDgRED on the motion of Alderman Keighan, seconded by Alderman Cummings, that the complunication be received and filed. Carried Unanimously. No. 358 - City of Ottawa - Re: Challenge for Participaction 1984. The communication challenges Council and the community to make a commitment in connection with the Great Canadian Participaction Challenge - 1984. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the communication be referred to the Recreation Commission for consideration. Carried Unanimously. No. 359 - Seventh Annual A1 Reid Memorial Oldtimers Hockey Tournament - Re: Tournament . January 19th to 22nds 1984. The communication advises of the scheduled tournament and requests a Special Occasion Permit for the occasion. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Merrett, that the request of The Seventh AI Reid Memorial Oldtimers Hockey Tournament Committee for a special occasion permit for the tournament to be held on January 19s 20, 21~ and 22s 1984~ at Stamford Arenas Niagara South Arena, and -4- - 5 - Niagara Falls Arena, Niagara Falls, be approved, subject to the approval of the Regional Police Department, the Niagara Falls Fire Department, the Niagara District Health Unit, and the Liquor Licensing Board of Ontario. Carried Unanimously. No. 360 - Downtown Board of Management - Re: Two nominations to the Board. The conmaunication requests the approval of Council in the appointment of Mr. Jack Bell of Franklin Travel, and Mr. Ernest Fusco of Ernest Fusco, Photographe~ to vacant positions On the Board. ORDERED on the motion o£ Alderman Merrett, seconded by Alderman Cummings, that the appointments be approved. Carried Unanimously. No. 361 - Mrs. Donna Clow - Re: Noise - Canadian Racing Plate. The communication reviews previous actions taken to reduce the noise level at the Canadian Racing Plate and requests the approval of Council for the purchase of a meter reading machine to read noise levels, and enact a by-law governing the level of acceptable industrial noise level. A discussion followed regarding the actions taken by the Municipal Works Committee~ the Building &'Inspectlop Department, the existing noise by-law, and the possibility of resolving the noise problem. Mrs. Clow discussed her contacts with the Region, the Ministry of the Environment and the Regional Police, as well as with Mayor Thomson, in an effort to reduce the noise level and hours of production at Canadian Racing Plate. The Chief Administrative Officer advised that the Ministry of the Environment has the authority to take action under the Environmental Protection Act. Me further advised that there were other possible remedial measures which might be more practical than establishing a model municipal by-law, and suggested a meeting to discuss the matter further in an effort to resolve the problem. His Worship, Mayor Thomson advised that a contact with Mr. W. Lawson, of the Canadian Racing Plate had determined that the building being constructed to house the "wheelobrater" would be completed within two weeks. ORDERED on the motion of Alderman Keighan, seconded by Alderman Chessman, that a meeting be scheduled in the Administrator',Office wtth.Mr.A. Pingue, Ministry of the Environment; Mr. Wm. Lawson, Canadian 'Racing Plate; and Mrs. Donna Clow, to discuss remedies to resolve the situation. Carried Unanimously. No. 362 - Jim & Patty Hoch - Re: Crossing Guard - Stanley Avenue and Morrison Street. The communication expresses concern that the establishment of a crossing guard at Stanley Avenue and Morrison Street, might necessitate the removal of the crossing guard at Stanley Avenue and Motden Drive. Mayor Thomson advised that there would be crossing guards at both corners. ORDERED on the motion of Alderman Chessman, seconded by ~lderman Janvary, that the communication be received and filed. Carried Unanimously. - AND - Report No. 533 - Chief Administrative.Officer - Re: Crossing Guard - Stanl.ey Avenue at Morrison Street. The report recommends that the necessary arrangements be made to install a School Crossing Guard at the intersection of Stanley Avenue and Morrison Street. ORDERED on the motion of Alderman 0rr~ seconded by Alderman Janvary, that the report be received and adopted.. It was further recommended that the crossing guard be in place by the end of the current week. Carried Unanimously. No. 363 - Main and Ferry Business Association - Re: 1983 Peach Queen Festival. The communication expresses appreciation regarding the success of the 1983 Peach Queen Festival. ORDERED on the motion of Alderman thee,man, seconded by Alderman Cummings~ that the communication be received and filed. Carried Unanimously. No. 364 - Niagara Regional Police Force - Re: 79th Annual Conference of Canadian Association of Chiefs of Police - August 27 - 31, 1984. The communication requests the support of the City in the form of a cash grant~ or sponsorship of a luncheon. ORDERED on the motion of Alderman Orr~ seconded by Alderman Somerville~ that the communication be referred to the Finance Committee for consideration. Carried Unanimously. No~ 365 - City of Mississauga - Re: Provincial Stadtunl in Mtesissauga. The communication advises of the Trilltum Dome Corporation~s proposal for a Provincial stadium in the City of Mtssissauga and requests support in the endearour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be received and filed. Carried Unanimously. No. 366 - Cline, Backus & Nightingale - Re: Widening of Queen Street. The communication, on behalf of William George Becker registered owner of the property at 4187 Queen Street, makes inquiry into the expropriation of the subject land. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to the City Solicitor for consideration. Carried Unanimously. No. 367(a) - Wayne Fleming - Re: Basement Flooding. The communication requests assistance in receiving help to alleviate basement flooding problems, and initiates a claim for damages incurred in July and October 1983. - AND - No. 367(b) - Eleanor H. Cam - Re: Basement Flooding. The communication refers to a sewer back-up of October 5th, 1983, discussed the inconvenience, and requested remedies to alleviate the problem. The Acting Director of Municipal Works discussed ongoiug investigation, the separated sewer system in the Westlane and Westwood areas which should avert excess water entering the system, and advised that a full report should be available in the very near future. Mr. Fleming discussed having lived in his present home for four years without a problem until the past summer.- He advised of the necessity of renting a pump to reduce the water in the basement after the July storm. Mr. Fleming further advised that his basement again flooded in the October storm. He expressed the view that there was "something wrong" in the sewer system to cause flooding which had not previously been experienced. A further discussion followed regarding the use of meters, T.V. monitoring, and outside consultants to assist in the investigation. The Acting Director of Municipal Works advised that equipment and funds were not available. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the communications be received and filed, and further, that Staff be directed to proceed with actions to expedite a solution to the basement flooding problems as quickly as possible, particularly in the Westlane/Westwood areas. Carried Unanimously. DEPUTATION MRS. ALEXANDRA FASS - TREE CUTTING, BAMBI SUBDIVISION Mrs. Alexandra Fags, 7441Bambi Crescent, addressed Council as a representative of residents in the Bambi Subdivision. She expressed concern with regard to the cutting of trees in Township Lot 141 which is part of Whitewater Slide Park. Mrs. Fags stated that the residents of the subdivision had been approached with plans for a proposed expansion of the Whitewater Slide. She further stated that the managers of the operation would be applying for re-zoning in the area, and that the residents would not be in agreement. Mrs. Fags discussed the destruction of 50 trees w~thout application for approval, contacts she had made with the City, an~ the subsequent cessation of the cutting of trees. A discussion ensued with regard to an investigation of the site by the Region and the possibility of charges being laid under a Regional by-law. A further discussion was held concerning the trees acting as a buffer zone in the area. The Chief Administrative Officer discussed actions he had taken to resolve the situation over the past week-end. Mr. Wally Clark, 7440 Bambi Crescent, expressed opposition to the cutting of trees in the subject area. lte advised that a representative from the Department of Natural Resources had visited the site. ORDERED on the motion of Alderman Janvary, seconded by.Alderman Kerrio, that a letter be forwarded to the' Regional Municipality supporting the residents in their protest against the cutting of trees in the subject area, and encouraging the Region to lay a charge under the zoning by-law. Carried Unanimously. -6 - REPORTS No. 534 - Chief Administrative Officer - Re: Property Standards By-law 76-148 Fir. Pennachetti, Cansdis - Dorchester Road. The report recommends that under clause (a) of sub-section 6.10.4 of By-law No. 76-148 the Corporation retain a demolition contractor to forthwith complete the work which Mr. Pennachetti was directed to carry out under the Order given September 6th, 1983~ which will include supervision by a consulting engineer, and that pursuant to sub-section 6.10.5 of said By-law No. 76-148 any expense incurred by the Corporation, its servants or agents in carrying out the work aforesaid be recovered in a like manner as municipal taxes. Mr. John Pennachetti discussed the historical background of the Canadia site, the unsuccessful attempts to sell the property with the exception of 24 acres which have been sold, contacts with Staff personnel regarding complaints concerning the condition of the basement of the former building, actions taken to prevent trespassers~ vandalism on the site, and contacts from the Regional Public Works Department requesting permission to dump fill taken from City of Niagara Falls roads at the site. Mr. Pennachetti reviewed the communication from the Property Standards Committee and subsequent action taken to remedy the situation, which had been demolished two days after completion together with the two new signs which had been installed. He discussed his intent to build a fence and again erect signs. The Director of Buildings & Inspections discussed the concern that the property be made safet and complaints of residents of the area concerning the condition of the property. ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that the matter be tabled for three weeks in. order that a resolution to the problem might be arranged between Mr. Pennachetti and the Building & Inspection Department, and a report to Council. Carried Unanimously. No. 535 - Recreation Co~mnission - Re: Lease Ontario Hydro Land - Part Lot 60. The report recommends that Council lease the Ontario Hydro land located east of St. Gabriel Lalemant School. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. :. No. 536 - Chief Administrative Officer - Re: Appointment of Director of Personnel. The report recommends that the by-law appearing on tonight's agenda appointing James A. Iuman as Director of Personnel~ be passed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 83-219. No. 537 - Chief Administrative Officer - Re: Closing of Public Walkway 46(2) between Rainbow Crescent and Jubilee Drive. The report recommends the following: 1) That Council hear, at tonight's meeting, any person who claims that his or her land will be prejudicially affected by the proposed by-law to close the above walkway and who applies to be heard. 2) That if there are no such claims, the Council pass the by-law listed on tonight's agenda to stop up and close and to authorize the sale and conveyance of the walkway. 3) That Council also pass the resolution appearing on tonight's agenda to authorize an application to the Minister of Municipal Affairs and Housing for approval of the by-law. There was no response to Mayor Thomsonis request for persons to,make . a comment on the closing of the walkway. ORDERED on the motion of Alderman Merrett, seconded by Alderman 0rr~ that the report be received and adopted, and the walkway closed. Carried Unanimously. See Resolution No. 125. See By-law NO. No. 538 - c~ief Administrative Officer - Re: ~nployee Benefit Programs. The rQport recommends that the employee benefits comprising Life Insurance, - 7 - A.D. & D., Hospital, Dental and Extended Health Care, remain with Confederation Life, our present carrier. That Richardson & Associates, our present Agent of Record, continue to administer the City's employee benefits. Alderman Janvary declared a conflict of interest since her husband is a dentist. Alderman Merrett declared a conflict of interest by reason of his profession. A discussion followed regarding the recommendations and justification of the recommendations. Mr. H. Ball of Ball-Harrison Employee Benefits of St. Catharines, discussed the tender submitted by Excelsior Life to provide all benefits identical to those presently in effect at an annual cost of $372,346.00 the low tender, and requested that Council not undermine the tendering process. He advised that Excelsior Life guarantees rates from December 1st, 1983, for 12 months. Mr. 'Ball discussed the $64,000.00 difference in rates between the low tender and that of Confederation Life~ and recommended that the low tender of Excelsior Life be accepted. Mr. D. Richardson, Richardson & Associates, discussed the proposals, the different types of insurance, increased cost of drug programs, and the past knowledge of claims for extended health and dental care in connection with the City employee benefits. Mr. Richardson explained the reserves set up with Confederation Life through the past years. The Personnel Officer discussed retention basis versus fully pool method and pointed out that under the fully pool method if more funds are paid into the program than are required, there would not be a refund. He advised that Excelsior Life would provide either method for a similar cost. The Personnel Officer recommended that any change in carrier should be effective January 1st, 1984. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the low tender of Excelsior Life At ah annual cost of $372,346.00, pool method,. effective 3anuary 1, 1984, with a review 60 days prior to renewal of the contract. It was further recommended that Ball - Harrison be n~sed as Agent of Record to administer. the City's employee benefits. The motion Carried with Aldermen Janvary and Merrett abstaining from the vote on conflicts of interest previously recorde~. and on the following vote: AYE: NAYE: Aldermen Coville, Cummings, Keighan, Kerrio, Orr, Puttick, and Somerville. Aldermen Baker, Cheesman, and Hinsperger. See Resolution No. 126. No. 539 - Chief Administrative Officer - Re: Public Hall Licence - Golden Nugget Bingo Hall. The report recommends that Council determine if it wishes to transfer the Public Hall Licence for the Golden Nugget from Dino DiCienzo to three new owners from London, Ontario. Alderman Merrett declared a conflict of interest because the applicants in the Fort Erie operation are clients. " Alderman. Cummings declared a conflict of interest by reason of having an i. interest in an organization which operates bingos. ORDERED on the motion of Alderman Puttick, seconded by Alderman Coville, that the transfer of the Public Hall Licence for the Golden Nugget from Dino DtCienzo to three now owners from London, Ontario, be approved. The motion Carried with Aldermen Cummings and Merrett abstaining from the vote on eonflicts of interest previously recorded~ and all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that leave be granted to extend the meeting past 11:00 p.m. Carried Unanimously. Alderman Somerville retired from the meeting. No. 540 - Technical Co-ordinating Committee - Re: Tourjam Niagara r People Mover System. The report recommends that the Minister of Tourism and Recreation be -8 - -9- informed that the Council of the City of Niagara Falls is willing to participate financially in a study which would provide a final solution for the implementation of an overall looped people mover system for our tourist area. ORDERED on the motion of Alderman Merrett, seconded by Alderman Coville, that the report be received and adopted. Carried Unanimously. No. 541 - Chief Administrative Officer - Re: Contract R.C. 24-83 - Road Rehabilitation on First Avenue from Bridge Street to North Limit. The report recommends that the unit prices submitted by the low tenderer, Hard Rock Paving Company Ltd., for Contract R.C. 24-83, be accepted by Council. ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. See Resolution No. 127. ~ee By-law No. 83-223. No. 542 - Chief Administrative Officer - Re: Contract L.I. 23-83 - Curb Construction on Keith Street, from Portage Road to East Limit, - and - on Barker Street, from Corwln Avenue to Brookfield Avenue. The report recommends that the unit prices submitted by the low tenderer, Alfidome Construction Ltd., for Contract L.I. 23-83 be accepted by Council, subject to O.M.B. approval of By-law 83-177. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See Resolution No. 128. See By-law No. 83-222. No. 543 - Chief Administrative Officer - Re: Construction Agreement with Ontario Hydro for 60" diameter N. S. & T. Storm Outfall to Ontario Rydro Canal. The report recommends that Council pass the by-law on tonightIs agenda authorizing the execution of a Construction Agreement with Ontario Hydros for the above noted works. Alderman Janvary declared a conflict of interest by reason of having an interest in property in the area. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the report be received and adopted. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of-interest previously recorded, and all others voting in favour. See By-law No. 83-221. No. 544 - Municipal Works Committee - Re: Purchase of Sewage Flow Recorders. The report recommends the.following: 1) That two sewage flow recorders (manning dippers) be purchased at an estimated cost of $9,000; and 2) That funds in Reserve Accounts #11314 and #11610 b~ used to finance these purchases. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Mezrett, that the report be received and adopted. Carried Unanimously. No. 545 - Municipal Works Committee - Re: Structural Investigation of Mewburn Road Bridge. The report recommends the following: 1) That the report entitled "Structural Investigation - Mewburn Road Bridge" (September 1983) prepared by Acres Consulting Services Limited be received; 2) That the Mewburn Road Bridge over the C.N.R. be posted for restricted loads as indicated on the attached sketch; 3) That Bracing be installed by City forces on the girders in the centre span of the Mewburn Road Bridge; 4) ,That Annual inspections of the bridge be undertaken to identify and evaluate on-going deterioration. Alderman Cummings declared a conflict of interest by reason of employment with the firm making the recommendation. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Htnsperger, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously_recorded and all others voting in favour. See By-law No. 83-224. No. 546 - Municipal Works Committee - Re: Petition for Storm Sewers on Emery Street. The report recommends the following be explained to the petitioners: ai That a storm sewer will not be constructed on Emery Street until the requisite trunk storm sewer outlet is available. h) The proposed scheduling of the storm sewer; c) The City's proposed immediate plans and what the effects will be; d) Information on backwater valves. The report further recommended that the catchbasin connections to the combined sewer on Emery Street and area be throttled. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings, that the report be received and adopted, and further, that the Engineer contact the residents concerning the matter. Carried Unanimously. No. 547 - Municipal Works Committee - Re: Water Service to 4426 Stanley Avenue - Mr. H. Dixon. The report recommends that Mr. H. Dixon of 4426 Stanley Avenue be permitted to pay the $500 flat rate for a new residential water service in installments of $30 per month with no interest. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that the report be received and adopted. Carried Unanimously. No. 548 - Finance Committee - Re: October 3, 1983 Finance Committee Reports: The report recommends that Council endorse the following actions: 1) Arena Fee for OPP Hockey Tournament - That the request of the Ontario Provincial Police hockey team for free ice time at the Stamford Arena for their annual Tournament be denied, and that the required rate, in accordance with the rental rates by-law, be charged. 2) Junior "B" Canucks Hockey Rental Agreement - That the request of the Junior "B" Canucks Hockey Club to amend the present agreement, dated August 31, 1981, in respect to the sharing of the gross gate receipts be granted. The amendment will state that the City will receive 20% of the gross gate receipts or $100.00, whichever is the greater, rather than 20% of the gross gate receipts or $150.00, whichever is the greater. No further changes are to be made. 3) Parking Licence on Ontario Hydro Property Adjacent to Ker Park - That the City pay Ontario Hydro the sum of $9,670.00 representing the amount owing Ontario Hydro from April 1, 1976 to December 31, 1983 for the previous licence agreement adjacent to Ker Park inadvertently cancelled April 1, 1976. That the City enter into a new parking licence effective January 1, 1984 and that the City begin as soon as possible the construction of the turnaround at the east end of Brooks Crescent. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 549 - Chief Administrative Officer - Re: Roy's Used Furniture - Transient Trader_ Licenee. The report recommends that no change be made in the method used by the City of Niagara Falls in the issuance of Transient Trader: Licehess. ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio, that the matter be tabled for one week since the applicant, Mr. Roy Smith, is in hospital. The motion Carried on the following vote: AYE: Aldermen Baker, Chessman, Hinsperger~ Janvary, Keighan, Kerrio, Merrett, Orr~ and Puttick. NAYE: Aldermen Coville, and C%Lmmings. No. 550 - Chief Administrative Officer - Re: Quotations for Lawn Mowers. The report recommends the following: l) That the quotation for the supply of seventeen (17) push type lawn mowers, submitted by Pie's Motor Clinic Ltd., in the amount of $6~193.16, be accepted; 2) That the quotation received for the supply of one (1) 20 H.P. riding lawn mower~ submitted by Turf Care Products Ltd.~ in the amount of $6,559.10, be accepted. ORDERED on the motion of Alderman Kerrio~ seconded by Alderman ~heesman, that the report be received and adopted. Carried Unanimously. See Resolution No. 129. x' [ - 10 - No. 551- Chief Administrative Officer - Re: Extension of draft plan approval - Rainbow Gardens Subdivision, File No. 26T-74143. The report recommends that a Council resolution supporting a further one year extension of draft plan approval for the Rainbow Gardens Subdivision be forwarded to the Ministry of Municipal Affairs and Housing. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See Resolution No. 130. No. 552 - Chief Administrative Officer - Re: Primesite - Redevelopment Proposal. The report recommends that any monies being held on behalf of Patrician Land Corporation Ltd. (Primesite) be refunded as soon as the amount of the unused portion has been determined. ORDERED on the motion of Alderman Orr, seconded by Alderman Cunmings, that the report be received and adopted. Carried Unanimously. No. 553 - Chief Administrative Officer - Re: Payment of Accounts. The report recommends payment of the accounts in the aggregate amount of $586,088.35 for the one week period ending October 17, 1983. Alderman Hinsperger declared a conflict of interest on Cheque No. 20778 by reason of employment with the company. Alderman Cummings declared a conflict of interest on Cheque No. 20775 by reason of employment with the firm. He discussed Cheque No. 20787. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Aldermen Cummings and Hinsperger abstaining from the vote on conflicts o~ interest previously recordedI and all others voting in fayour. No. 554 - Chief Administrative Officer - Re: Stamford Memorial Arena - Remedial Repairs. The report recommends that the information contained therein be received and filed. The Director of Buildings and Inspections commented on the savings to the City through work done under the Ministry of Labour C.O.E.D. program. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cheesman~ that the report.be r~ceived and adopted. Carried Unanimously. No. 555 - Chief Administrative Officer ~ Re: Subsection'IT(4) of the Construction Lien Act. The report recommends that the information contained therein be received and filed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. ADOPTION OF MINUTES ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings, that the minutes of the meeting held October llth, 1983, be adopted as amended. The amendment included in Report No. 524. Carried Unanimously. RESOLUTIONS No. 125 - HINSPERGER - KEIGHAN - RESOLVED that pursuant to section 298 of the Municipal Acts R.S.O. 1980~ the Minister of Municipal Affairs and Housing be requested to approve By-law No. 83-218 to stop up and close and to authorize She sale and conveyance of the public walkway between Lots 27 and 28 on Plan M-14 and between Lots 14 and 15=on Plan M-26; AND the 'Seal of the Corporation be hereto affixed· Carried Unadimously. No. 126 - KERRIO - ORR - RESOLVED that the unit prices submitted by Excelsior Life for employee benefits comprising Life Insurance, A. D. & D., Hospital, Dental and Extended Health Care - pool method~ effective January 1~ 1984~ be accepted at the low tendered annual cost of $372~346.00, and that a review be made 60 days prior to renewal of the cqntract; be hereto affixed. AND the Seal of the Corporation Carried Unanimously. · . . . 11 - 11 - No. 127 - MERRETT - KERRIO - RESOLVED that the unit prices received from Hard Rock Paving Company Ltd., for Contract R.C. 24-83, for road rehabilitation on First Avenue from Bridge Street to North Limit, be accepted for the low tendered amount of $38,860.90; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 128 - KERRIO - MERRETT - RESOLVED that the unit prices submitted by Alfidome Construction Ltd., for Contract L.I. 23-83 for curb construction on Keith Street, from Portage Road to East-Limit - and - on Barker Street, from Corwin Avenue to Brookfield Avenue, be accepted by Council, subject to O.M.B. approval of By-law 83-177, at the low tendered amount of $109,620.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 129 - KERRIO - CHEESMAN - RESOLVED that the unit prices submitted by the following be accepted at the low tendered amount: - Pic's Motor Clinic Ltd. for seventeen (17) push type lawn mowers - $ 6,193.16 - Turf Care Products Ltd. for one (1) 20 H.P. riding lawn mower - $ 6,559.10 ; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 130 - KEIGHAN - HINSPERGER - RESOLVED that the Council of the City of Niagara Falls supports a further one year extension of draft plan approval for the Rainbow Gardens Subdivision (File No. 26T-74143), and that the Ministry of Municipal Affairs and Housing be so advised; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. BY-LAWS ORDERED on the motion of Alderman Coville, seconded by Alderman Baker, that leave be granted to introduce the following by-laws and the by-laws be read a first time: No. 83-218 - A by-law to stop up and close and to authorize the sale and conveyance of the public walkway between Rainbow Crescent and 3ubilee Drive. No. 83-219 - A by-law to appoint James A. Inman Director of Personnel. No. 83-220 - A by-law to authorize the execution of a license agreement with William Hooper. No. 83-221 - A by-law to authorize the execution of an agreement with Ontario Hydro. No. 83-222 - A by-law to authorize the execution of an agreement with Alfidome .Construction Limited for curb construction. No. 83-223 - A by-law t° authorize the execution of an agreement with Hard-Rock Paving Company Limited for road rehabilitation. No. 83-224 - A by-law restricting the weight of vehicles passing over a bridge on Mewburn Road. No. 83-225 - A by-law to provide monies for general purposes. The motion Carried with Alderman Cummings abstaining from. the vote on No. 83-224 on a conflict of interest previously recorded in Report No. 545; Aldermen Cummings and Hlnsperger abstaining from the vote on No. 83-225 on conflicts of interest previously recorded in Report No. 553; Alderman Janvary abstaining from the vote on No. 83-221 on a conflict of interest previously recorded in Report No. 543; and all others voting in favour. , . . . - 12 - ORDERED on the motion of Cheesman, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 83-218 - A by-law to stop up and close and to authorize the sale and conveyance of the public walkway between Rainbow Crescent and Jubilee Drive. No. 83-219 No. 83-220 No. 83-221 No. 83-222 No. 83-223 No. 83-224 - A by-law to appoint James A. Inman Director of Personnel. - A by-law to authorize the execution of a license agreement with William Hooper. - A by-law to authorize the execution of an agreement with Ontario Hydro. - A by-law to authorize the execution of an agreement with Alfidome Construction Limited for curb construction. - A by-law to authorize the execution of an agreement with Hard-Rock Paving Company Limited for road rehabilitation. - A by-law restricting the weight of vehicles passing over a bridge on Mewburn Road. No. 83-225 - A by-law to provide monies for general purposes. The motion Carried with Alderman Cummings abstaining from the vote on No. 83-224 on a conflict of interest previously recorded; Aldermen Cummings and Hinsperger abstaining from the vote on No. 83-225 on conflicts of interest previously recorded; Alderman Janvary abstaining from the vote on No. 83-221 on a conflict of interest previously recorded; and all others voting in favour. NEW BUSINESS WHIRLPOOL ROAD BRIDGE Alderman Keighan referred to a communication from Honourable William Davis, Premier of Ontario, regarding the Whirlpool Road Bridge.- ORDERED on the motion of Alderman Keighan, seconded by Alderman Puttick, that a meeting be scheduled between the Premier of Ontario, representatives of the Ontario Hydro and City Council for 'a.further. discussion of the Whirlpool. Road Bridge. Carried Unanimously. CIVIC COMMITTEE Alderman Janvary requested information concerning the status of the old Bentley building. She requested information concerning the time of the Waste Management meeting scheduled for Thursday, October 20th, 1983; and advised that she would accept donations for the United Way Campaign. GUARDIAN ANGELS THIRTY-NINETH MEETING Committee Room #1 October 24, 1983 Council met on Monday, October 24th, 1983 at 7:15 p.m. in Committee of the Whole. All members of Council were present. Alderman Merrett presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. READ ~/D~-A O TED, ,-~'~ " RD P His Worship Mayor Thomson referred to handout information that had been made available to Council concerning the Guardian Angels. He requested that the information be perused by the City Solicitor and Staff. Mayor Thomson further stated that Superintendent J. Moody of the Niagara Regional Police Force was checking into the matter. Council was advised that there would be public meetings for further discussion of the Guardian Angels. ****** ='!. It was moved by Alderman Janvary, seconded by Alderman Merrett, that the ~i R AD AND " '" MAYOR WAYNE THOMSON Council Chambers October 24, 1983 Council met on Monday, October 24th, 1983 at 7:30 p.m. for the purpose of considering general business. All members of Council were present. His Worship Mayor Thomson presided as Chairman. Alderman Baker offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that the minutes of the meeting held October 17th, 1983, be adopted as printed. Carried Unanimously. PRESENTATION MR. DAVE WARRINER - ACHIEVEMENT AWARD His Worship Mayor Thomson presented an Achievement Award, Crest and Certificate to Mr. Dave Warriner on behalf of the City of Niagara Falls. Mr. Warriner has received numerous awards as a weight lifter during the past seven years. His most recent accomplishment is the Canadian Champion for the 82.5 kilos class in weight lifting which took place at Sydney, Nova Scotia, in August 1983. Mayor Thomson offered congratulations and appreciation. DEPUTATION MRS. THELMA HURD - NURSING HOME FACILITIES FOR THE DISABLED Mrs. Thelma Hurd was granted permission to address Council on the motion of Alderman Merrett, seconded by Alderman Chessman. Mrs. Hurd advised that she has been unsuccessful in having her son, Alec, admitted to nursing home facili~ies in the area. She stated that she is 88 years of age and unable to continue caring for her disabled son. Mrs. Hurd reviewed her past and present circumstances, advised that her son was in the hospital at the present time, and requested the assistance of City Council in finding accommodation for her son. His Worship }layor Thomson confirmed the difficult situation of Mrs. Hurd. He discussed the assistance given by his office, and the unsuccessful attempts to help Mrs. Nurd find suitable accommodation for her son. Mrs. Hurd discussed the difficulties she has had concerning her son's clothing at the hospital. ORDERED on the motion of Alderman Puttick, seconded by Alderman Coville~ that the matter of required accommodation be referred to the Greater Niagara General Hospital~oardsSocialServices Department and the Social Planning Council for consideration. Carried Unanimously. -2- - 3 - UNFINISHED BUSINESS CENTRALIZATION OF FIELD SERVICES - AND - CO~fiMENTS OF MR. PETER SOBOL A summary of arguments in support of centralization by Mr. Peter Sobol, Regional Councillor, itemized improved service to clientS, improved services to staff,and reduced costs to the taxpayer. Mr. Ron Book, Chairman of the Social Services Committee, was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Chessman. Mr. Book reviewed the actions taken by the Regional Social Services Department prior to the decision to centralize Field Services in the Region. Re discussed the anticipated increase in service to clients through greater flexibility in movement of case workers throughout the area, training of the workers as specialists, and projected financial savings. Mr. Book referred to service to clients in their homes, and a review of the service 3 months after implementation. Mr. Manrice Fraser, Director of Social Services~ discussed a more realistic review period of 6 months which ~ould include the findings of a survey of the recipients. He referred to the need for internal and external changes to the present system. A discussion followed regarding the unemployment situation in the City of Niagara Falls, the convenience of direct reference to a local Social Service office, the anticipated savings, and placement of staff. Mr. Fraser stated that both the Regional Council, and staff, have been advised that some positions may become redundant. Members of Council were informed that subsequent to a review of the newly implemented system, in 6 months' time, a reDoft ~ould be fgrwarded. COMMUNICATIONS No. 368 - Joseph R. Henderson - Re: Co-ordinated Emergency Services. The communication reviews the actions taken in connection with the Co-0rdinated Emergency Services, attaches statistical data, proposed budget for the year '. 1984, a report of C.O.E.S. activities, and requests consideration of the budget presentation. A discussion followed regarding anticipated needs. ORDERED on the motion of Alderman Chessman, seconded by' Alderman Kerrio, that the communication be referred to the Finance Committee for consideration during Budget discussions. It was further recommended that a total of $30,000 rather than $20,000 should be conaide~ed because of existing economic conditions. Carried Unanimously. No. 369 - Social Planning Council - Re: Economic Climate Study Report. The communication attaches an update to the Economic Climate Study Report. A discussion ensued concerning the excellence of the report and appreciation was expressed with regard to.the efforts made to prepare it. Mrs. Emilie Fowler, Researcher/Administrator of the Social Planning Council of Niagara Falls introduced Mrs. Lilian Bellinghofen, staff person; Mr. Anthony Sagat, Project Manager, Health Directory; and Dr. P. Downie, Vice President of the Council. ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the communication be received and filed. Carried Unanimously. No. 370 - The Regional Municipality of Niagara - Re: Water/Sewage Flows Report. The cu.ui, unication attaches a Water and Sewage Flows by Municipality, Monthly Report for August 1983. A brief discussion followed regarding comparison flows. ORDERED on the motion of Alderman Cheesman~ seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously.. No. 371 - Via Rail Canada inc. - Re: Proposed rail service changes. The communication advises of proposed rail service changes to =improve transportation between Toronto and Niagara Falls. ORDERED on the motion of Aideman Cummings, seconded by Alderman Hinsperger~ that the,c~mmunicatlon be received and filed. Carried Unanimously. No. 372 - Recycling Council of Ontario - Re: Annual Conference - November 19, 1983. The communication advises of the annual Conference in Toronto with focus on successful source separation programs in Ontario, and composting as a waste management option for municipalities. An information brochure and registration form were attached. ORDERED on the motion of Alderman Cummings, seconded by Alderman 0rr, that a member of Staff be authorized to attend. Carried Unanimously. No. 373 - The Regional Municipality of Halton - Re: New Stadium. The communication submits data from the Stadium Study Committee for the Province of Ontario and requests the support of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 374 - Ontario Good Roads Association - Re: 1984 Convention - February 20 - 22, 1984. The communication advises of the 1984 Convention in Toronto and requests that Resolutions be forwarded to the Secretary by December 31, 1983. The names of municipal employees with long years of service were requested for receipt of Long Service Certificates. ORDERED on the motion of Alderman Keighan, seconded by Alderman Orr, that the communication be referred to Staff for suggestions. Carried Unanimously. No. 375 - Alexandra Fags - Re: White Waters. The communication expresses appreciation with regard to the "immediate attention concerning the cutting of trees in the Whitewater woodlot. ORDERED on the motion of Alderman Orr, seconded by Alderman Kerrio, that the communication be received and filed. Carried Unanimously. No. 376 - Greater Niagara Baseball Association (G.N.B.A.) - Re: Proposed Underground Watering System - Oakes Park. The communication advises that the G.N.B.A. has allocated an expenditure of funds in the amount of up to $6,000 for installation of the underground watering system in the outfield portion of Oakes Park main baseball diamond. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that a letter of appreciation be forwarded to the G.N.B.A. It was further recommended that the communication be referred to the Finance Committee for consideration during the 1984 Budget discussions. Carried Unanimously. REPORTS No. 556 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for September 1983. The report contains information with regard to Permits issued and activities during September 1983, as well as development proposals, and C.O.E.D. Program activities. ORDERED on the motion of Alderman Cummings~ seconded By Alderman Hinsperger, that the report be received and filed. Carried Unanimously. No. 557 - Chief Administrative Officer - Re: Group Homes. The report recommends that Council authorize the City Solicitor's Department to add two additional Group Home categories to the by-law presently in the process of preparation.. The two categories being: 1) Homes for Special Care - Residential; 2) Approved Homes. ORDERED on the motion of Alderman- Orr, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. No. 558 - Municipal Parking & Traffic Committee - Re: Parking Meters on Peer Street. The report recommends that three parking meters be placed on the south side of Peer Street, between Main Street and the East limit of Ontario Food Market. ORDERED on the motion of Alderman Merrett~ seconded by Alderman Orr~ that the report be received and adopted. Carried Unanimously. No, 559 - Chief Administrative Officer - Re: Bell Canada Installation in Wilson Crescent Park, The report recommends that approval be granted to the Bell Canada request for the installation of an underground service around the Perimeter of Wilson Crescent Park, -4- -5 - Alderman Hineperger declared a conflict of interest as an employee of the company. ORDERED on the motion of Alderman Kerrto, seconded by Alderman Somerville, that the report be received and adopted. The motion Carried with Alderman Hineperger abstaining from the vote on a conflict of interest previously recorded, and all ochers voting in fayour. No. 560 - Chief Administrative Officer - Re: Accounts. The report recommends that the information contained therein be received and filed. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. No. 561 - Chief Administrative Officer - Re: Payment of Accounts. The report recommends payment of the accounts in the aggregate araount of $1,379,983.84 for the one week period ending October 24, 1983. Alderman Hinsperger declared a conflict of interest on Cheque No. 20907 as an employee of the company. Alderman Cummings declared a conflict of interest on Cheque No. 20917 because hie wife is employed as a Crossing Guard. Additional information was given concerning Cheques No. 20879, 20940, and No. 20955. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Chessman, that the report be received and adopted. The motion Carried with Aldermen Hinsperger, and Ctumnings abstaining from the vote on conflicts of interest previously recorded, and all others voting in favour. No. 562 - Chief Adminis trative Officer - Re: B.R.I.C. Application - Laura Secord House. The report recommends that Council authorize the payment of $543.77 to Donald and Myrna Keppy which represents one half the cost of the restoration of windows in the "Laura 8ecord House". Alderman 3anysty declared a conflict of interest by reason of a relative being involved. ORDERED on the motion of Alderman Chessman, seconded by .Alderman Marraft, that the report be received and adopted. The motion Carried with Alderman Janvary abstaining from the vote on a conflict of interest previously recorded, and all others voting in fayour. No. 563 - Chief Administrative Officer - Re: Quit Claim Deeds to Hydro - Unopened Laneways, South of Ferry Street. The report recommends ithat unopened laneways within Ontario Hydro property south of Ferry Street be closed by 3udge's Order and conveyed to Hydro for approximately $500.00 in legal expenses plus any survey costs. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger~ that the report be received and adopted. Carried Unanimously. No. 564 - Chief Administrative Officer - Re: Site Plan Approval - Proposed Restaurant addition to Your Host Motor'Hotel, 6195 Buchanan Avenue. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed restaurant, and the site plan being drawing number SK-OA dated August 30th, 1983, as 8mended, and prepared by Sedum Kanerva Arcbitectsj and filed with the Buildings and Inspections Department of the City of Niagara Falls on October 24th, 1983, and that'such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings~ that the report be received and adopted. Carried Unanimously- BY-LAWS ORDERED ON THE MOTION OF Alderman Gheesman, seconded by Alderman Hinsperger, thst have be g, ranted to introduce the followinS by-laws and the by-laws be read a first time: No. 83-226 :-.A by-law to authorize the conveyance of Burnik~. 5pr.~ngs '~-~The ".~ Niagara IPa~ks Commission. No. 83-227 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings and Hinsperger abstaining from the vote on By-law No. 83-227 on conflicts of interest previously recorded in Report No. 561,'and all others voting in fayour. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the following by-laws be now read a second and third time: No. 83-226 - A by-law to authorize the conveyance of Burning Springs to The Niagara Parks Commission. No. 83-227 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings and Hinsperger abstaining from the vote on By-law No. 83-227 on conflicts of interest previously recorded, and all others voting in favour. NEW BUSINESS VICTORIA CENTRE BUSINESS ASSOCIATION His Worship, Mayor Thomson referred to a letter dated October 21, 1983 from the Victoria Centre Business Association requesting financial assistance with regard to the decoration of Victoria Avenue from Walnut Street to Ferry Street, and Centre Street from Victoria Avenue to Ellen Avenue for the Festival of Lights promotion. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the communication be referred to the Finance Committee for consideration. Carried Unanimously. 3UNIOR "A" HOCKEY His Worship, Mayor Thomson discussed the possibility of a Junior "A" Hockey team coming to the City of Niagara Falls and making application to Employment and Im4nigration Canada for assistance under the Canada Works Program. He advised that Mr. Sam McMaster had requested the endorsation of Council of the application. ORDERED on the motion of Alderman Cummings, seconded by Alderman Ninsperger, that Council endorse the application for assistance under the Canada Works Program. It was further recommended that a communication be forwarded to Mr. A.A. MacBain, M.P., requesting assistance in securing approval of the application. Carried Unanimously. ONTARIO PLUMBING INSPECTORS ASSOCIATION Alderman Puttick referred to letters which had been received "For the Information of Council", one of which was dated October 18th, 1983, from The Ontario Plumbing Inspectors Association advising that Mr. Noel Downer, an employee of the City of Niagara Falls, had been elected President of the Association. ORDERED on the motion of Alderman Puttick, seconded by Alderman Marraft, that a letter of'congratulations be forwarded to Mr. Noel Downer. Carried Unanimously. ARENA EQUIPMENT - SAFETY CHECKS Alderman Cummings discussed the frequency of safety checks on machines and equipment at the Arenas in the City of Niagara Falls. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Kerrio, that a report be received containing information with regard to safety checks on machines and equipment at the Arenas. Carried Unanimously. CONGRATULATIONS TO CHIEF ADMINISTRATIVE OFFICER Alderman Cummings offered congratulations to the Chief Administrative Officer for his success in filling the position over the past two years. The Chief Administrative officer stated that any success he has had should be credited to Uouncil and Staff, and expressed a hope for continued'support. -6 - NIAGARA SOUTH BOARD OF EDUCATION - SALARIES Alderman Keighan referred to the Council meeting of September 26th, 1983, at which time Council resolved that a joint meeting be scheduled between the Niagara South Board of Education and Council, for a discussion of areas of concern. He expressed concern regarding the recent increase in salaries for senior employees of the Board, the percentage of the budget of the Board being allocated to salaries, and unemployed residents of the area "trying to survive difficult times", who "pay for the salaries". Alderman Keighan suggested the need for a "public outcry". PLAQUE TO ASSIST DISABLED Alderman Cheesman reported that the card to be placed on door handles of hotels and motels, to assist disabled occupants of rooms, which he had obtained during a recent visit in England, was under discussion by the Ontario Fire Marshall. He stated that fhe information had been circulated throughout the Province of Ontario. NIAGARA FALLS ARENA His Worship, Mayor Thomson discussed a recent article in the local newspaper concerning the possibility of a Flyer Hockey Team Franchise coming to the City and improvements to the Arena. He advised that no conmitment had been made by him or staff for improvements to the Arena. Mayor Thomson further advised that no conunitments would be made prior to receiving a hockey franchise. EQUIPMENT - FIRE DEPARTMENT Alderman Puttick referred to a press report regarding the injuries to fire fighter Ken Moore which, according to the press, may have been the result of faulty equipment. He requested that the matter be referred to Staff for an investigation and a report. PATRICIAN LAND CORPORATION LTD. Alderman Puttick requested information with respect to stores approached in connection with downtown redevelopment. Mayor Thomson advised that the information was available in his office. FESTIVAL OF LIGHTS The Chief Administrative Officer referred to the request of the Niagara Falls, Canada, Visitor & Convention Bureau, at a recent meeting of Council, to have banners erected across main arteries in the City to advertise the Festival of Lights. The Bureau had suggested six locations for t~e banners. A brief discussion followed regarding the cost estimate, and where these might be manufactured. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that $2,000 be granted to the Visitor & Convention Bureau to assist in financing banners for the Festival of Lights. Carried Unanimously. 1983 ALL CANADIAN SOCCER CHAMPIONSHIP Alderman Cummings discussed the 1983 All Canadian Soccer Championship game played on Sunday, October 23, 1983 at Cakes Park with the local team of Dino'~ Audio Video Bantam Girls. During the discussion which followed Mayor Thomson pointed out that this team holds the Eastern Championship title, and although the team was defeated during Sunday's game, they had played extremely well. ORDERED on the motion of Alderman Cummings, seconded by Alderman Eheesman, that a letter of congratulations be forwarded to the team. Carried Unanimously. ***** It was moved by Alderman Cummings, seconded by Alderman Htnsperger, that the meeting adjourn. Carried Unanimously. READ FORTIETH MEETING GENERAL CO~MITTEE SESSION Council Chambers October 31, 1983 Council met on Monday, October 31st, 1983 at 7:30 p.m. in General Committee Session. All members of Council were present with the exception of Alderman Orr. His Worship Mayor Wayne Thomson presided as Chairman. FORMAL SESSION RATIFICATION OF GENERAL COMMITTEE DECISIONS ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the minutes of the meeting held October 24th, 1983 be adopted as printed. Carried Unanimously. DEPUTATIONS MR. CARMEN MACCARONE - NIAGARA FALLS BARBERS' ASSOCIATION Mr. Carmen Maccarone, 6537 Glengate Street, was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Hinsperger. Mr. Maccarone advised that he had been a barber for 28 years, and a member of the Niagara Falls Barbers' Association since 1955. He stated that he was addressing Council on behalf of the Association and that a number of members were present. Mr. Maccarone informed Council of approximately 35 barbers operating under the City of Niagara Falls by-law which specifies compulsory closing on Monday, and daily closing at 6:00 p.m. He discussed the shops which were open from 9:00 a.m. to 9:00 p.m. and requested enforcement of the City by-law. A discussion followed with regard to Provincial licensing, hairdressing establishments with male and female clients, qualifications for licences, the local by-laW, and the need for a legal opinion. The distinction between barbers and hairdressers, specified in the City by-law was discussed. It was noted that the 6:00 p.m. closing clause in the by-law had been at the request of the barbers. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cheesman, that the matter be referred to staff for investigation and a legal opinion, with a report at the next meeting of Council. Carried Unanimously. MR. HARRY CAKES, CLIFTON HILL BUSINESS IMPROVEMENT COF~4ITTEE Mr. Harry Cakes, representing the Clifton Hill Business Improvement Committee, was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Coyills. Mr. Oakes discussed the proposal of the Committee to work with the City and Regional Governments to develop a plan to upgrade the sidewalks on Clifton Hill. He advised that the property owners would supply funds for the proposed improvements with the expectation of a Federal grant. Mr. Cakes requested that City Council endorse the concept in order that the Committee might proceed. His Worship Mayor Thomson congratulated Mr. Cakes and the Committee on the proposal for improvement and the interest as well as actions taken by the people in the area. It was noted that Clifton Hill was under the Regional jurisdiction. Alderman Merrett advised that the Municipal Parking and Traffic Committee would be interested, and requested that a member of the Clifton Hill Business Improvement Committee be present at the'.Parking and Traffic Co~uittea_meeting. The Chief Administrative Officer advised of a City plan for a storm sewer installation on Clifton Hill, and sugSested that the proposed sidewalk project could be eo-ordinated with and subsequent to the storm sewer consfruction. -2- Alderman Puttick referred to a sign posted on Clifton Hill which directs pedestrians to Lundy's Lane, and discourages them from crossing the road. He advised that a cormnunication had been forwarded to the Region from the Mainten- ance & Operations Engineer, making enquiry into the placement of the sign, and that a copy would be ~orwarded to members of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that Council endorse the proposal of the Clifton Hill Business Improvement Committee, and further that a meeting be arranged between Regional and City Planning and Engineering Departments, Staff, and the Business Improvement Committee, to discusE the project. Carried Unanimously. UNFINISHED BUSINESS WASTE MANAGEMENT MUSTER PLAN - AND - LETTER FROM THE REGIONAL MUNICIPALITY OF NIAGARA Communication No. 377 - The Regional Municipality of Niagara - Re; Regional Municipality of Niagara Waste Management Master Plan, Presentation to City of Niagara Falls Council. The communication confirms a meeting with Council for October 31, 1983 at 7:30 p.m. Mr. Bill Holman, Research Divisional Engineer for the Regional Municipality, discussed the development of the plan, Regional studies dealing with waste disposal, six major questions of concern regarding reduction of household waste, capacity, recycling, facilities contributing to waste management, centralization, Reglonal and Municipal responsibility, and financing. He reviewed the local representatives contributing towards the studies, advised that of the three stages, cost, capacity and implementation, the second stage is currently under consideration, and discussed the need for a landfill site for disposal of the waste. 'Mr. Holman referred to landfill, transportation and waste diversion as three major components, referred to the importance of public information and participation, to the meeting on Blueprint for Waste Management held earlier today, a public meeting scheduled for Wednesday, November 2nd at the Niagara Falls Public Library, and another at Regional Headquarters on Saturday, November 5th, 1983. Mr. Holman replied to questions raised with respect to a "shredder" at the St. Catharines landfill site, user fee to be charged back to the MUnicipality for waste entering the facility as well as charges to commercial and industrial users, and alternatives for cost sharing. He stated thatI the program being studied was for solid waste only. Concern was expressed regarding lack of public interest in the program. COMMUNICATIONS No. 378 - The Regional Municipality of Niagara - Re: Proposed Extension - Water Slide, Lundy's Lane. The conmnunication advises that the Ministry of Natural Resources has been requested to investigate the problem of tree cutting on the subject property, and asks that the property owner be contacted to cease removal of trees until rezoning of the property has been resolved. Mayor Thomson advised that the property owner has been contacted and that no more trees will be cut. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 379 - The Regional Municipality of Niagara - Re: "Tourism In The Niagara Region - Economic Impact and Tourism Characteristics". The communication attaches a copy of the above named Regional ToUrism Study and offers to discuss the report at a meeting if desired. ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrios that the matter be referred to staff and the Niagara Falls~ Canada, V~sttor & Convention B~reau for consideration. Carried Unanimously. No. 380 - The Regional Municipality of Niagara - Re: Water/Sewage Flows by Municipality, Monthly Report for September 1983. The communication attaches the above mentioned report for information· ORDERED on t~e motion of Alderman Merrett, seconded by Alderman Cummings, that the communication be received and filed. Carried Unanimously. ~3 - No. 381 - The'Regional Municipality of Niagara - Re: Flows - Niagara Falls Pollution Control Plant. The communication discusses renovations and improvements to 'pumping stations in Niagara Falls, a sanitary sewer on Stanley Avenue, regula- tions of the Ministry of the Environment, and increased flows which will be reflected in the monthly reports. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coville, that the.communication be received and referred to staff for a report. Carried Unanimously. No. 382 - Niagara Regional Police Force - Re: Complaints of Walkway, Epworth Circle and Ryerson Crescent. The communications advises that there is no record of complaints concerning the subject Walkway, that two adjacent owners have been contacted who confirmed complaints but had made no contact with the Department concerning the problems, that the Department had been unable to contact two other property owners, and that there is no record of a complaint from Mrs. Diana Brown. ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger, that the communication be received and filed. It was further recommended that a copy of the communication be forwarded to Mrs. Diana Brown. Carried Unanimously. No. 383 - L. Bishop -. Re:. Stop Signs - Fairway Road & Harriman Street. The communication attaches a petition requesting the installation of stop signs at the corner'of Fairway Road and Harriman Street. ORDERED on the motion of Alderman Merrett, seconded by Alderman Cununings, that the communication be received and referred to staff for investigation and a · report. Carried Unanimously. No. 384 - Niagara South Board of Education - Re: Meeting of Council & Board. The communication advises that if an individual Alderman wishes to discuss a specific matter of concern a contact should be made with the Trustees representing the City, and secondly, if Council wishes to discuss matters of mutual concern, the Trustees of Niagara Falls would be willing to meet after 4:00 p.m. at the Valley Way Centre. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and referred to staff to arrange a public meeting with a prepared Agenda. Carried Unanimously. No. 385 - Knights of Columbus - Re: Parade Permit for June 9, 1984. The communication advises that the Knights of Columbus is holding an investiture ceremony in the City of Niagara Falls on Saturday, 3une 9th, 1984, and requests a Parade Permit. ORDERED on the motion of Alderman Keighan, seconded by Alderman Cummings, that the request be approved subject to the approval of other authorities. Carried Unanimously. REPORTS No. 565 - Chief Administrative Officer - Re: Report of the Employee Suggestion Committee. The report recommends that Mrs. SheenaHarris, Buildings & Inspections .Department; Mr. Les FoSter, Engineering Department; Mrs. Charlotte Carr, Chief Administrative Officer's Department; and Mr. Michael Harris, Engineering Department; each be awarded $25.00 for. suggestions contained in the report, ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 566 - Chief Administrative Officer - Re: Fire Department Telephone System. The report recommends that Council enact the by-law which appears later on tonight's agenda to amend the agreement with Bell Ganada for the purchase of telephone ·equipment for the Fire Department. Alderman Minsperger declared a conflict of interest as an employee of the company involved. · ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings~ that the report be received and adopted. The motion Carried with Alderman Htnsperger abstaining on a conflict of interest previously recorde~i and all others voting in fayour. See By-law No. 83-231. -4 - No. 567 - Chief Administrative Officer - Re: Contract S.S. 25-83 - Storm Sewer Installations on N.S. & T. from CNR to Ontario Hydro Canal, and on Portage Road from N.S. & T. to Elizabeth Street. The report recommends that the unit prices submitted by the low tendeter, Stephens & Rankin Inc., for Contract SS 25-83 be accepted by Council. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Chessman, that the report be received and adopted. Carried Unanimously. See Resolution No. 131. See By-law No. 83~232: No. 568 - Chief Administrative Officer - Re: Contract S.S. 26-83 - Storm Sewer Installations on Cook Street, Byng Avenue, High Street & Glenholme Avenue. The report recommends that the unit prices submitted by the low tendeter, Ernie Demote & Son Limited, for Contract S.S. 26-83 be accepted by Council. ORDERED on the motion of Alderman Cummings~ seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See Resolution No. 132. See By-law'No. 83~233'.. No. 569 - Chief Administrative Officer - Re: Request for ~elease, Lot 133, Plan M-29, 7107 Woodgate Street. The report recommends that Council pass the by-law appearing on this agenda to authorize a release of Lot 133, according to Registered Plan M-29 from the provisions of a subdivision agreement between the City and Taro Properties Incorporated dated November 20, 1974 add registered as Instrument No. 232482, as amended by an agreement dated August 29, 1975 and registered as Instrument No. LT-2013. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the report be received and adopted. Carried Unanimously. See By-law No. 83-228. No. 570 - Chief Administrative Officer - Re: Request for Release, Lot 138, Plan M-29, 6821 Branchard Lane. The report recommends that Council pass the by-law appearing on this agenda to authorize a release of Lot 138, according to Registered Plan M-29 from the provisions of a subdivision agreement between the City and Taro Properties Incorporated dated November 20, 1974 and registered as Instrument No. 232482, as amended by an agreement dated August 29, 1975 and registered as Instrument No. LT-2013. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville~ that the report be received and adopted. Carried Unanimously. See By-law No. 83-229. No. 571 - Chief Administrative Officer - Re: Pyramid of ~ce - Festival of Lights. The report recommends that the telephone request received from the Festival of Lights Committee be approved in principle, and be referred to Staff to work out the details with the Committee for such a display. During the discussion which followed, concerns were expressed regarding responsibility for ORDERED on the motion of Alderman Cummings, seconded by Alderman Ninsperger, that the report be received and approved, It was further recommended that the concerns regarding insurance and drainage be considered. Carried Unanimously. No. 572 - Chief Administrative Officer - Re: Maintenance - Visitor & ConventiOn Bureau Reception Area. The report recommends that the information contained therein be received and filed. ORDERED on the motion of Alderman Janvary~ seconded by Alderman Kerrio~ that the report be received and filed. Carried Unanimously. No. 573 - Chief Administrative Officer - Re: Payment of Accounts; The report recommends payment of the accounts in the aggregate amount of $231,525.33 for the one week period ending October 31, 1983. Alderman Htneperger declared a conflict of interest on Cheque No. 21050 since he is employed by the company. Alderman Cummings declared a conflict of interest on Cheque No. 21053 since a member of the family is employed as a Crossin8 Guard, -5 - Further information was supplied regarding Cheques No. 21036, 21058 and 21091. A report will be provided on copier equipment and other machines under lease. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coville, that the report be received and adopted. ]he motion Carried with Aldermen Cummings and Ninsperger abstaining from the vote as previously recorded, and all others voting in favour. RESOLUTIONS No. 131 - HINSPERGER - CHEESMAN - RESOLVED that the unit prices submitted by Stephens & Rankin Inc., for Contract S.S. 25-83 - Storm Sewer Installations on N.S. & T. from C.N.R. to Ontario Hydro Canal, and on Portage Road from N.S. & T. to Elizabeth Street, be accepted at the low tendered amountof $332,622.96; AND the Seal of the Corporation be hereto affixed. Carr led Unanimously % No. 132 - CUMMINGS - MERRETT - RESOLVED that the unit prices submitted by Ernie Damore & Son Limited, for Contract S.S. 26-83 - Storm Sewer Installations on Cook Street, Byng Avenue, High Street, and Glenholme Avenue, be accepted at the low tendered amount of $201,043.45; AND the Seal of the Corporation be hereto affixed. Carried Unanimously% BY-LAWS ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the following by-law be read a third time: No. 83-177 - A by-law to authorize the construction of certain works as local improvements under section 12 of the Local Improvement Act. Carried Unanimously~ ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that leave be granted to introduce the following by-laws and the by-laws be read a first time: No. 83-228 - A by-law to authorize a release. (Lot 133, Plan M-29). No. 83-229 - A by-law to authorize a release. (Lot 138, Plan M-29). No. 83-230 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Binmonte Parkway). No. 83-231 - A by-law to amend By-law No. 83-168, being a by-law to authorize an agreement with Bell Canada. No. 83-232 -'A by-law to authorize the execution of an agreement with Stephens and Rankin Inc. for Storm sewer installations. No. 83-233 - A by-law to authorize the execution of an agreement with Ernie Damore & Son Limited for storm sewer installations. No. 83-234 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings and Hinsperger abstaining from the vote on conflicts of interest on By-law No. 83-234 as previously recorded in Report No. 573; Alderman Hinsperger abstaining from the vote on conflict of interest on By-law No. 83-231 by reason of being an employee of the company involved; and all others voting in fayour. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Coville, that the following by-laws be now read a. second and third time: -6 - No. 83-228 - A by-law to authorize a release. (Lot 133, Plan M-29). No. 83-229 - A by-law to authorize a release. (Lot 138, Plan M-29 ). No. 83-230 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Biamonte Parkway). No. 83-231 - A by-law to amend By-law No. 83-168, being a by-law to authorize an agreement with Bell Canada. No. 83-232 - A by-law to authorize the execution of an agreement with Stephens and Rankin Inc. for storm sewer installations. No. 83-233 - A by-law to authorize the execution of an agreement with Ernie Damore & Son Limited for storm sewer installations. No. 83-234 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings and Hinsperger abstaining from the vote on By-law No. 83-234 on conflicts of interest previously recorded; Alderman Hinsperger abstaining from the vote on Byelaw No. 83-231 on conflict of interest previously recorded; and all others voting in favour. REPORT No. 574 - Chief Administrative Officer - Re: Flood Plain Management Program - Brief to Review Committee. The report makes the following reconmendations: 1) That the attached brief be endorsed by City Council and forwarded to the Chairman of the Flood Plain Review Committee forthwith; 2) That Council endorse the Association of Municipalities of Ontario's report on Reform and Revision of Conservation Authorities of Ontario; 3) .~]lat a closer liaison be established between Council and the City's three representatives to Niagara Peninsula Conservation Authority. Mrs. Stella Ziff, of Stevensville, and Interim Chairman for the Executive Niagara Peninsula Flood Plain Fighters Inc. discussed the report of the City, the procedure to discontinue the dumping of fill in the waterways, uniformity in application of the criteria, and requested that prior to the formulation of official plans the accuracy of the mapping should be given consideration. The Planning Director advised that the Legal Department had recently requested another'ye~r's extensions. in order that the lands would not yet be specified on the zoning by-law. He further advised that the criteria would be again reviewed prior to a final decision being made. Mrs. Ziff discussed a recent appeal to the O.M.B. by the Regional Assessment Office concerning,the devaluation of property, and suggested that decisions could be required on the basis of market value in other municipalities as well as the recent Port Colborne situation. ORDERED on the motion of Alderman Keighan, seconded by Alderman-Hinsperger, that the report be received and adopted. Carried Unanimously. NEW BUSINESS NIAGARA FALLS BICENTENNIAL'COMMITTEE - UPDATE REPORT A report was received from Alderman Janvary, Chairman of the 'Bicentennial Committees advising of the progress of the Committee and activities being planned to celebrate Ontario's Bicentennial in Niagara Falls in 1984. ORDERED on the motion of Alderman Janvary~ seconded by Alderman Cummings~ that the report be received and filed. Carried Unanimously. MEETING BETWEEN NIAGARA 8OUTM BOARD OF EDUCATION & COUNCIL Alderman Gheesman suggested that if Council wished to have public attendance at the pending meeting between the Niagara South Board of Education and Council, that the meetin8 might be held in a C~ty building-va~har,~han~th~,'Valtey WaY ~entre - 7 - THE VOLUNTEER RECOGNITION EVENING Alderman Cummings invited as many members of Council as possible to attend The Volunteer Recognition Evening on Friday, November 4th, 1983, at 7:30 p.m. at the Optimist Club. HAZARDOUS COMMODITIES ON RAILWAYS Alderman Cummings discussed the transportation of hazardous commodities on rail lines through the City, and the recent transport of a great number of tank cars through the Dorchester Road railway crossing. He expressed the opinion that the Fire Chief should be notified in advance of a train carrying dangerous substances through the City. His Worship Mayor Thomson advised that this matter had been discussed at a previous Council meeting and a report had been received concerning the situation. Alderman Cummings requested a report from the Fire Chief with respect to the expressed concern. DORCHESTER ROAD DITCHES Alderman Puttick discussed funds which were budgetted for filling of the Dorchester Road ditches. The Chief Administrative Officer discussed a recent contact with the Regional Director of Engineering regarding this matter and the lack of funds in the Regional current budget for the project. His Worship Mayor Thomson stated that Council had approved funds for the pr~gr~n in the 1983 budget. NURSING HOME ACCOMMODATION FOR DISABLED Alderman Puttick referred to a discussion at the October 24th, 1983 meeting of Council and the request of Mrs. Hurd for nursing home accommodation for her disabled son, Alec. The matter had been discussed with Mr. John Carter, G.N.G.H., and Mr. Maurice Fraser, Director of Social Services, and a letter would be forwarded to Mrs. Hurd with three possible solutions to the problem. WELLAND RIVER PARK ,I Alderman Puttick discussed the Welland River Park project and expressed approval of the site. He advised that further government funding would be required for the area. Alderman Puttick suggested that the Chief Administrative Officer and Recreation Director should visit the site, and that City owned property on the north side might be utilized for a parking area. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cheesman, that Staff be directed to arrange a bus tour for the members of Council to tour the Welland River Park area within the next ~en.days. Carried Unanimously. ONTARIO WASTE MANAGEMENT CORPORATION (O.W.M.C.) Alderman Coville referred to a brief to be presented to the O.W.M.C. at its meeting on November 24th, 1983s and invited members of Council to attend. It was moved by Alderman Puttick, seconded by Alderman Cheesman, that the meeting adjourn. Carried Unanimously. FORTY-FIRST MEETING Council Chambers November 7, 1983 Council met on Monday, November 7th, 1983 at 7:00 p.m. for the purpose of considering general business. All members of Council were present. His Worship Mayor Thomson presided as Chairman. Alderman Janvary offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Ninsperger that the minutes of the meeting held October 31, 1983, be adopted as printed. Carried Unanimously. PRESENTATIONS GLEN WILLICK - RETIREMENT WATCH His Worship Mayor Thomson presented a retirement watch to Mr. Glen Willick who commenced employment with the City of Niagara Falls on June lot, 1941. He was appointed Superintendent of the Water Treatment Plant and Water Distribution System in 1963, and after the formation of Regional Government, he continued to be responsible for the Water Distribution System until his retirement October 31st, 1983. Upon his retirement, Mr. Willick was the longest serving employee with over forty-two years of service with the City. NIAGARA FALLS BOXING CLUB - ACHIEVEMENT AWARDS His Worship Mayor Thomson presented Achievement Awards to the following coaches of the Niagara Falls Boxing Club who had been voted as Coaches of the Year by Boxing Ontario: John DeGazio, Ray McGibbon, and Sonny Pascuzzi. Members of the Niagara Falls Boxing team received awards for The Roddy MacDonald Provincial Championship, January 29th to 30th, 1983, and for The All Ontario Junior Provincial Championship on May 7th and 8th, 1983, in Toronto. His Worship Mayor Thomson presented Achievement Awards on behalf of the City to the following team members who received medals as participants in the events: Mike Bailey, Rick Bailey, Shawn Conlon, Matt Irwin, Scott MacKenzie, John Maiden, Donald McCabe, Ralph Serluca, Jim Strange, and Mike Strange. DEPUTATION MR. DONALD J. WALLACE, AUDIO VISUAL PRESENTATION - "RESPONDING TO EMERGENCIES" - AND - REPORT OF CHIEF ADMINISTRATIVE OFFICER - TRANSPORTATION OF HAZARDOUS MATERIALS Mr. Donald J. Wallace, Assistant Superintendent of C.N.R. operations in Hamilton; Mr. Ray McCullough, Trainmaster; Mr. Bill Stevenson, Carload Supervisor in Fort Erie; and Mr. Bob Serran, Car Foreman in Fort Erie, attended the Council meeting to discuss the response of the C.N.R. to emergency situations. An audio video presentation entitled "Responding to Emergencies" was submitted. Mr. Wallace reviewed the diverse commodities which are classified as hazardous and transported by railways, the Task Force on Dangerous Commodities set up with the involvement of Companies, Railways, Association of Chiefs of Police, Association of Fire Chiefs, the Canadian Municipal Association, and emergency measures organizations, as well as other interested groups and individuals. He replied to questions raised regarding dangerous commodities passing through the municipality, and advised that it would not be feasible to notify all municipalities in advance of the transportation through the areas. Mr. Bill Stevenson advised that a computerized list of all commodities being transported is available if required. Be further advised that the railways and various organizations work closely together concerning hazardous commodities · being t~ansportad, and would make the information available to the Fire Department. However, changeable schedules would make notification regarding a particular train not possible. -2 - A discussion followed regarding accidents and causes, placards attached to rail cars, safety measures enforced by the C.N.R., and the possibility of co-ordinating and standardizing procedures for greater safety as suggested by the Fire Chief. ORDERED on the motion of Alderman Keighan, seconded by Alderman Chessman, that the City Clerk communicate with the Canadian Transport Commission and the American Association of Railroads, expressing concern regarding the transporta- tion of dangerous commodities and outlining the suggestions of the Fire Chief. Carried Unanimously. -AND- Report No. 575 - Chief Administrative Officer - Re: Transportation of Hazardous Materials. The report reviews the eight classes of "Dangerous Goods" that pass through Niagara Falls, as well as the measures available in the event of an emergency. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the report be received and filed. Carried Unanimously. COMMUNICATION No. 386 - The Regional Municipality of Niagara - Re: Study of 911 Emergency Telephone System. The communication advises of the seminar scheduled for November 28th, 1983 at 9:15 a.m. in the Council Chamber of the Regional Administration Building in Thorold, and requests confirmation of attendance. ORDERED on the motion of Alderman Somerville, seconded by Alderman Coville, that the communication be received and filed, and further~ that Aldermen Keighan and Puttick be authorized to attend the seminar. Carried Unanimously. REPORT No. 576 - Chief Administrative Officer - Re: Niagara Distribution on Buttrey Street - Water Supply Improvements. The report recommends the following: 1) That authorization be granted to proceed with water supply improvements on Victoria Avenue between Bridge Street and the Railway overpass, at an estimated cost of $40,000; and 2) That the necessary funds from the unexpended 1983 Operating Budget, Bridgewater Street watermain replacement allocation,.be placed in reserve to finance this project. ORDERED on the motion of Alderman Hinsperger,-seconded by Alderman..Coville, that the report be received and adopted. Carried Unanimously. UNFINISHED BUSINESS REGULATIONS FOR BARBERS, HAIRDRESSERS AND HAIRDRESSERS/HAIRSTYLISTS - AND - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 577 - Chief Administrative Officer - Re: Regulations for Barbers, Hairdressers and Hairdressers/Hairstylists. The report recommends that Council decide whether or not it wishes to regulate the hours of business for Hairdressers and/or Hairstylists. The City Clerk discussed the three classifi- cations for the licensing of hair care persons through Provincial legislation. A discussion followed with respect to the legislative authority of the Municipality for the regulation of hours at the request of the Barbers' Association, the possibility of amending the by-law, and the additional hours of instructions as well as examinations necessary for licensing as a hair stylist and/or hairdresser. Mr. Carmen Meccatone discussed the desire of the Barbers' Association for regulation of barbers and hairstylists. He advised that he had been redesignated as a hairstylist. Mr. Maccarone expressed the request that the open hours for hairstylist shops be reduced. Mr. Anthony Diodatt, a hairstylist, discussed the employment of personnel in the hair~tylist shops, the results of a satisfied client in the free enterprise system~ the additional hours of learning required for specialized licensing~ -3 - and suggested that the barbers might wish to expand their hours of business. Mr. Pat Moran, Golden Razor at Niagara Square, stated that a similar action in Windsor had been challenged and defeated in Court. tte advised that he employs 12 people, and any restriction of business hours would result in a reduction of employees. Following further discussion, it was generally agreed that further information was required from hairstylists prior to a decision being made to amend the by-law. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Merrett, that a Committee of Council be formed to meet with Barbers, Hairstylists, and Hairdressers, for a full discussion and report to Council. It was further recommended that the Committee should include, Alderman Cheesman, Chairman, Aldermen Janvary, Keighan, and Orr, with Alderman Kerrio as an alternate. The motion Carried with the following vote: AYE: NAYE: Aldermen Baker, Cheesman, Coville, Cummings, Rinsperger, Janvary, Keighan, Kerrio, Merrett, Orr, and Somerville. Alderman Puttick. COMMUNICATIONS No. 387 - The Niagara Regional Health Unit - Re: Sanitary Survey, Lyon's Creek Road. The communication advises that for grant purposes, the Ministry of Environment auditors require a letter of request from Council for the sanitary survey. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that a letter of request for a sanitary survey on Lyon's Creek Road, be forwarded to the Niagara Regional Health Unit. Carried Unanimously. No. 388 - City of St. Catharines - Re: Blueprint for Waste Management in Ontario. The communication requests the endorsation of Council of Part 2 of a 5 part Resolution regarding the establishment of a perpetual care fund as outlined. A memorandum from the Maintenance & Operations Engineer dated November 4th, favours the establishment of a perpetual care fund administered by the Province, and discusses fees, upgrading of sites, and the correction of detrimental effects on the environment created by sites previously abandoned. It recommends that the resolution be forwarded to the Committee for the Blueprint for Waste Management in Ontario for consideration. ORDERED on the motion of Alderman Orr, seconded by Alderman Kerrio, that the communication be received and filed, and further, that the information contained in the memorandum be forwarded to the Ministry of the Environment for consideration. Carried Unanimously. No. 389 - City of Stratford - Re: Resolution - Education on Local Government. The communication requests the endorsation of Council in requesting the cooperation of the Ministry of Municipal Affairs & Nousing, and the Ministry of Education to develop new approaches to education with respect to local government. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the resolution be endorsed. The motion Carried with the following vote: AYE: Aldermen Baker, Coville,.Cummings, HinapeKg~r, Janvary, Kt:ighsn · Kerrio, Merrett, Orr, and Somerville. NAYE: Alderman Chessman, and Puttick. No. 390 - Robert A. Owens - Re: Parking on Culp Street. The communication discusses problems encountered as the result of parking on Culp Street and requests assistance in resolving the situation- ORDERED on the motion of Alderman Orr, seconded by Alderman Kerrio, that the communication be referred to Staff for investigation. Carried UnanimousIT. No. 391 - The Association of Kinsmens Clubs - Re: Advertisement- The oo.~aunication requests the financial participation of the City in the form of advertising in the KIN Magazine. -4- ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the communication be received and referred to the Finance Committee for consideration. Carried Unanimously. No. 392 - The Great Canadian Participaction Challenge - Re: Issuing Challenge. The communication refers to a letter from Mayor Marion Dewar of Ottawa and encloses the Events Interpretlye Booklet to assist Council in the decision to accept the Challenge of Ottawa. ORDERED on the motion of Alderman Orr, seconded by Alderman Kerrio, that the communication be received and filed. Carried Unanimously. REPORTS No. 578 - Municipal Works Committee - Re: Blueprint for Waste Management in Ontario. The report recommends support of the development by the Region of a Regional Waste Management Master Plan and contains 21 recommendations in connection with the matter. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 579 - Chief Administrative Officer - Re: Amended Site Plan Approval - Proposed Niagara Falls Hydro Service Centre & Office, Pin Oak Drive and M~ntgomery Street(north west corner). The report recommends that the Council approve the amended site plan on display at tonight's meeting for a proposed Service Centre and Office, the site plan being drawing number 8170 Sheet No. 1B dated September 14, 1983 as revised and prepared by Chapman Marray Associates and filed with the Buildings and Inspections Department of the City of Niagara Falls on November 7th, 1983 and that such approval be subject to the conditions contained in the report. ORDERED on the motion of Alderman Keighan, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 580 - Chief Administrative Officer - Re: Site Plan Approval - Proposed 74 Unit Apartment Building - Drummond Road (east side, south of C.N.R.). The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed 74 unit apartment building, and the site plan being drawing number A1 and the Landscaping Plan being drawing number L1 and the Site Services Plan being drawing number MS1, all dated July 1983 as revised, and filed with the Buildings and Inspections Department of the City of Niagara Falls on October 31st, 1983, and that such approval be sub]ect to the conditions contained therein. ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. No. 581 - Chief Administrative Officer - Re: Proposed Amendment to the Fence By-law 77-75 for the purpose of regulating Snow Fences. The report recommends that Council pass the amending by-law on tonight's agenda. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See By-law No. 83-239. No. 582 - Chief Administrative Officer - Re: Site Plan Approval - Proposed second storey addition for the purpose of 6 Apartment Units, 8209 Lundy's Lane (N/E corner Kalar Road and Lundy's Lane). The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed second storey 6 unit apartment, and the site plan dated August 18th, 1983~ as revised and filed with the Buildings and Inspections Department of the City of Niagara Falls on August 25th, 1983 and that such approval be subject to the conditions contained therein. ORDERED on the motion of Alderman Gumminge~ seconded by Alderman 0rrJ that the report be received and adopted. Carried Unanimously. No. 583 - Chief Administrative Officer - Re: Propane Tank, Shell 'Service Station, 64~ Lundy's Lane. The report makes the following recommendations: -5 - l) That the information contained herein be noted. 2) That a copy of this report be directed to Mr. Kirkby. 3) That a copy of Mr. Kirkby's concerns and this report be directed to the Ministry of Consumer and Commercial Relations - Energy Branch. During the discussion that followed, Council expressed concerns regarding liability, appropriate placing of propane tanks, and the approval of the Ministry being subject to the site plan. ORDERED on the motion of Alderman Orr, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that the matter be referred to staff to arrange a meeting with the Ministry of Consumer and Commercial Relations to discuss further details of the installation of propane tanks in the City and report to Council. Carried Unanimously. No. 584 - Chief Administrative Officer - Re: Payment of Accounts. The report recommends payment of the accounts in the aggregate amount of $331,884.04 for the one week period ending November 7, 1983. Alderman Hinsperger declared a conflict of interest on Cheque No. 21139 as an employee of the company. Further information was provided on Cheques No. 21163, 21234, 21138 and 21179. A report was requested on Cheque No.21186. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque No. 21139, and all others voting in favour. No. 585 - Chief Administrative Officer - Re: AM-l/83 Valmac Holdings Limited and proposed Nursing Home on the southerly and easterly sides of Valley Way. The report recommends that Council pass the following by-law and motion on tonight's agenda: 1) A by-law to authorize a development agreement with Valmac Holdings Limited (Valmac); 2) A resolution requesting the withdrawal of the Minister's draft plan approval of a proposed subdivision which included lands owned by Valmac and the City. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Alderman Baker, Chessman, Coville, Hinsperger, Janvary, Keighan, Kerrio, Merrett, Orr, Puttick, and Somerville. NAYE: Alderman Cummings. See Resolution No. 133. See By-law No. 83-241. No. 586 - Chief Administrative Officer - Re: Request for Release, Lot 64, R.P. M-29~ 7426 Woodgate Street. The report recommends that Council pass the by-law appearing on this ageads to authorize a release of Lot 64 according to Registered Plan M-29 from the provisions of a subdivision agreement between the City and Taro Properties Incorporated dated November 20, 1974 and registered as Instrument No. 232482, as amended by an agreement dated August 29, 1975 and registered as Instrument No. LT-2013. ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman~ that the report be received and adopted. Carried Unanimously. See By-law No. 83-236. No. 587 - Chief Administrative Officer - Re: Request for Release, Lots 81 and 82, R.P. M-29. The report recommends that Council pass the by-law appearing on this ageads to authorize a release of Lots 81 and 82 according to Registered Plan M-29 from the provisions of a subdivision agreement between the City and Taro Properties Incorporated dated November 20, 1974 and registered as Instrument No. Z32482, as amended by an agreement dated August 29, 1975 and registered as Instrument No. LT-2013. -6 - ORDERED on the motion of Alderman Curmnings, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. See By-law No. 83-237. No. 588 - Chief Administrative Officer - Re: Roy's Used Furniture - Transient ~Yader Licenee. The report reconunends that the information contained therein be received and filed, and no further action be taken at this time. ORDERED on the motion of Alderman Cununings, seconded by Alderman Orr, that the report be received and filed. Carried Unanimously. RESOLUTION No. 133 - KEIGHAN - COVILLE - RESOLVED that the Minister of Municipal Affairs and Housing be requested to withdraw the draft plan approval granted on the 16th day of August, 1976 under File No. 26-76012 for a plan of subdivision of lands in Township Lot 114 of the former Township of Stamford, now owned by Valmac Holdings Limited and The Corporation of the City of Niagara Falls; AND the Seal of the Corporation be hereto affixed. The motion Carried with the following vote: AYE: Alderman Baker, Cheesman, Coville, Hinsperger, Janvary, Keighan, Kerrio, Merrett, 0rr, Puttick~ and Somerville. NAYE: Alderman Cummings. BY-LAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that leave be granted to introduce the following by-laws and the by-laws be read a first time: No. 83-235 - A by-law to authorize a llcence agreement with Ontario Hydro. No. 83-236 - A by-law to authorize a release.(Lot 64, Plan M-29). No. 83-237 - A by-law to authorize a release.(Lots 81 and 82, Plan M-'29). No. 83-238 - A by-law to authorize a lease with the Niagara Falls Music Theatre Society Incorporated. No. 83-239 - A by-law to amend By-law No. 77-75, as amended being a by-law to prescribe the height and description of lawful fences. No. 83-240 - A by-law to amend By-law No. 83-173, being a by-law to authorize the closing and conveyance of part of Whirlpool Road and the establishment of other lands as part of Whirlpool Road. No. 83-241 - A by-law to authorize an agreement with Valmac Holdings Limited respecting a proposed nursing home on Valley Way. No. 83-242 - A by-law to provide monies for general purposes. The motion Carried with Alderman Cummings opposed on By-law No. 83-241; Alderman Hinsperger abstaining from the vote on By-law No. 83-242 on a conflict of interest previously recq~ded in Report No. 584; and all others voting in fayour. ORDERED on the motion of Alderman Puttick~ seconded by Alderman CoVtlle~ that the following by-laws be now read a second and third time: No. 83-235 - A by-law to authorize a licenee agreement with Ontario Hydro. No. 83-236 - A by-law to authorize a release .(Lot 64, Plan M-29). No. 83-237 -, A by-law to authorize a release .(Lots 81 a.d 82, Plan M-29). - 7 - No. 83-238 - A by-law to authorize a lease with the Niagara Falls Music Theatre Society Incorporated. No. 83-239 - A by-law to amend By-law No. 77-75, as amended being a by-law to prescribe the height and description of lawful fences. No. 83-240 - A by-law to amend By-law No. 83-173, being a by-law to authorize the closing and conveyance of part of Whirlpool Road and the establishment of other lands as part of Whirlpool Road. No. 83-241 - A by-law to authorize an agreement with Valmac Holdings Limited respecting a proposed nursing home on Valley Way. No. 83-242 - A by-law to provide monies for general purposes. The motion Carried with Alderman Cummings opposed on By-law No. 83-241; Alderman Hinsperger abstaining from the vote on a conflict of interest previously recorded, on By-law No. 83-242; and all others voting in favour. NEW BUSINESS FINANCE MATTER - VICTORIA CENTRE BUSINESS ASSOCIATION His Worship Mayor Thomson referred to a recommendation of the Finance Committee that the Victoria Centre Business Association receive a grant of $3~000 to assist in the upcoming Festival of Lights promotion. It was further recommended that a letter be forwarded to the Hydro Commission soliciting support in reducing the rates for the promotional project. Alderman Coville declared a conflict of interest by reason of a relative being employed in the area. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the recommendation of the Finance Committee be approved. The motion Carried with Alderman Coville abstaining from the vote on a previously recorded conflict of interest, and all others voting in fayour. FINANCE MATTER - THE TERRY FOX CANADIAN YOUTH CENTRE His Worship Mayor Thomson referred to the recommendation of the Finance Committee that Darryl Huard be given $200.00 to assist him to attend the Terry Fox Canadian Youth Centre in Ottawa for a one week course entitled "Natural Resources and the Environment". It was further recommended that a letter be forwarded to the Provincial Government to solicit future support of the program. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the recommendation of the Finance Committee be approved. Carried Unanimously. LEAVES Alderman Puttick discussed contacts he had recently received expressing concern regarding leaves being piled on the street, the danger of fire, and danger ~o children this action causes, as well as impeding the street sweeper. The Chief Administrative OffiCer stated that information regarding the by-law which prohibits the raking of leaves onto City streets would be included in an ad being placed in the local newspaper. SAFETY GLASS - STAMFORD MEMORIAL ARENA Alderman Cummings referred to the need for the installation of safety glass behind the goals at Stamford Memorial Arena. ORDERED on the motion of Alderman GumminEs, seconded by Alderman Merrett, that this matter be referred to Staff. Carried Unanimously. VOLUNTEER RECOGNITION EVENING Alderman Cummings advised that Mr. Sam Long had received the Doug Austin Award at the Recognition Night for Volunteers on November 4th, 198t. ORDERED on the motion of Alderman Janvary, seconded by Alderman Merrett, that a letter of congratulations be forwarded to Mr. Sam Long. Carried Unanimously. 'l -8 - CONGRATULATIONS - MAYOR THOMSON Alderman Cummings offered congratulations on behalf of Council to His Worship Mayor Thomson on his recent marriage, and wished him happiness. COUNCIL MEETING His Worship Mayor Thomson advised that a Council meeting would not be scheduled for November 28th, 1983. BUS TOUR - WELLAND RIVER PARK Alderman Puttick suggested that the pending bus tour of Welland River Park should include a tour of Baden Powell Park. A decision has not been made on a date for the tour. MEETING - BOARD OF EDUCATION & COUNCIL The City Clerk requested suggestions for discussion at the pending meeting between the Board of Education and City Council. Alderman Keighan discussed the initial request of the Board for Council's support of a request to the Province for increased funding. He expressed the view that the Board should be prepared to explain the need for further funding. Alderman Keighan suggested that the aforementioned should be a focal point of the meeting. It was moved by Alderman Merrett, seconded by Alderman Coville, that the meeting adjourn. Carried Unanimously. READ AND ADOPT , _~ ~~~~i/~-/''/~'~'~/~''~ ~ ' MAYOR WAYNE THOMSO~ · , CITY .~._ ~ FORTY-SECOND MEETING Council Chambers November 14, 1983 Council met on Monday, November 14th, 1983 at 7:00 p.m. for the purpose of considering Planning Matters. All members of Council were present. His Worship Mayor Thomson presided as Chairman. Alderman Merrett offered the Opening Prayer. ADOPTION OF MIi~UTES Alderman Coville stated that she should be shown as declaring a conflict on the motion concerning the Victoria Centre Business Association under New Business in the minutes for November 7th, 1983. Her son works in the area. Alderman Cheesman advised that he should be shown as voting contrary in Communication No. 389, City of Stratford resolution, in the minutes of November 7th, 1983. ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the minutes of the meeting held November 7th, 1983, amended as aforementioned, be adopted. Carried Unanimously. COMMUNICATION No. 393 - Residents of Inglis Drive & Alexander Crescent - Re: Opposition to sale of City Park. The communication discusses the recent offer to purchase the City Park at the corner of Inglis Drive and Alexander Crescent, asks that the Park remain as "Recreational Land", and requests notification of any action. His Worship Mayor Thomson referred to a recent contact by an individual, and offer to purchase the park. This had'been discussed by City Staff. The City Clerk advised that a covenant included in the deed to the City stated that the land must be used for park purposes only, and that a response had not been received from a letter suggesting the removal of the covenant. ORDERED on the motion of Alderman Keighan, seconded by Alderman Kerrio, that the communication be received and filed. It was further recommended that information be given interested residents that the Park is not for sale. Carried Unanimously. REPORTS - PLANNING MATTERS No. 589 - (PD/88/83) - Chief Administrative Officer - Re: AM-15/83 - Zoning Amendment application - Lots 1, 2, 22 to 28 inclusive, R.P. M-91 - Monroe -Subdivision Extension #1 - Applicant: Group 2 Developments Ltd. The report recommends that Council approve the application and that the Solicitor be requested to prepare the amending by-law subject to the following conditions being provided for: 1) No berms or fencing be permitted within 11' of the property lines abutting the i foot reserve along Thorold Stone Road, also being approximately 67' from the original centre line of Thorold Stone Road. 2) That a site plan be prepared for approval by City Council and the Subdivider's Agreement be amended to reflect this plan. 3) That the developer advise the future purchasers of lots of the existence of this provision. 4) The site plan be designed incorporating those concerns noted in the Technical Report, having regard for fencing heights, tree location, lot drainage, and ease of accessibility for the owners' ow" maintenance. The report proposed that Section 19.1.12 of the City's zoning by-law which requires the north elevation of a dwelling to be erected on Lots 1, 2, 22 to 28 inclusive, according to R.P. M-91, having the appearance of the front elevation8 of a dwelling, be rescinded, and that no walls or fences be erected and maintained within 30 metres of the centre line of Thorold Stone Road. The City Clerk advised that notice had been forwarded by first class mail to owners of the subdivision and all property owners within ~ZO metres, on October l~th, 1983. T -2 - His Worship Mayor ~xomson advised that any persons desiring further notice concerning the zoning by-law amendment, should leave names and addresses with the Clerk. The Senior Planner reviewed information contained in the Technical Report regarding the proposal, referred to the sketches outlining the subject area, and advised that the amendment would assist the marketability of the lots along Burbank Crescent. He discussed the alternative suggestions with regard to the frontal appearance of the building, proposed landscaping, and fencing. Mr. Anthony Sobie, 3975 Rolling Acres Drive, requested information concerning the proposed fencing and harm, as well as responsibility for the maintenance of the harm'- Mrs. E. Manherz, 7111 Thorold Stone Road, expressed the view that fences should be constructed, and further that the rear view of the development would depreciate the value of properties in the subject area. Mr. George Lalacich, 7133 Thorold Stone Road, expressed opposition to the application for zoning amendment- He referred to the appearance of the properties, and possible re-assessment of his property as a result of the daysins,ion. Dr. Paul Brinda, 3950 Rolling Acres Drive, objected to the proposed fencing of the properties. He advised that, as spokesman for other concerned residents at the meeting, if the change was approved, they would request re-assessment of their properties. Mr. A. R. Goar, Agent for the Applicant, advised that the purpose of the application would overcome items encountered in marketing the property and retaining the aesthetic appearance. He discussed the confusion concerning the front and rear yard of the subject lots, and difficulties in fencing as well as designing homes with two frontal appearances. Mr. Goar reviewed the suggested construction of a harm, future fencing with the approval of City Council, and expressed agreement with the recommendations in the report. He replied to questions raised regarding purchase enquiries, and planting of trees on the berm which would be constructed on private property with the inclusion of a covenant in the deeds that the berm be maintained by the homeowner.. A discussion followed regarding the benefits of constructing a berm rather than fencing, increased costs of properties, daysins,ion of nearby properties, advantages of a double frontal appearance~ purchasers' awareness of subdivision restrictions, rear yard activities viewed by property owners across the road, and the opposition of residents in the area. d an ORDERED on the motion of Alderman Puttick, seconded by A1 erm Marrat,, that a decision on the matter be deferred and the City Clerk be requested to schedule a meeting with Staff, Mr- Goat, and the objectors~ to discuss the matter. The motion Carried with the following vote: AYE: Aldermen Baker, Oheesman, Hinsperger~. Janvary, Keighan~ Kerrio, Merrett~ Drr, Puttick, and Somerville. _ NAYE: Aldermen Gorilla, and Cummings. DEPUTATION MR. EDWIN WASHINGTON - PROPERTY DAMAGE FROM FALLEN TREE Mr. Edwin Washington, 4849 Stamford Street, was granted permissiCn to address Council on the motion of Alderman Metrat,, seconded by Alderman 0rr. Mr. Washington advised that on October 28th~ 1983 a tree had fallen across his wife's car, damaging the car. He had notified the Police and Fire Departments, and discussed the matter with the Insurance Company of Motden & Halwig Limited. The insurance company had subsequently notified him in writing that the tree appeared healthy and that there was "nothing the City of Niagara Falls could or should have done". He was advised further that there was no liability on the part of the Gfty. Mr. Washington discussed previous contacts with the City concerning the tree which he believed to be "rotted" and described this condition being present in the centre of the tree which is presently in his rear year. He further advised that the City had agreed that the tree was ready to be cut down. -3 - Alderman Puttick advised of a visit he had made to the site and expressed the opinion that it was "one of the debatable things". He had asked staff to contact Mr. Washington. He had also made unsuccessful attempts to discuss the matter with Mr. Washington. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Kerrio, that the matter be referred to Staff and the. Solicitor for investigation. Carried Unanimously. REPORTS - PLANNING MATTERS No. 590 - (PD/84/83) - Chief Administrative Officer - Re: Request for 2 year Extension for Draft Plan Approval - Bright's Subdivision - 26T-76060. The report recommends that a Council resolution be adopted supporting the subdivider's request for a further 2 year extension to Plan 26T-76060, Bright's Subdivision, and the Ministry of Municipal Affairs & Rousing be advised accordingly. ORDERED on the motion of Alderman Keighan, seconded by Alderman Hinsperger, · that the report be received and adopted. Carried Unanimously. See Resolution No. 134. - No. 591 - (PD/85/83) - Chief Administrative Officer - Re: Walkway #14, Menwood Court northerly to Green Boughs Road. ~he report reviews the background data concerning Walkway #14, advises that it was reconsidered by Council on May 25, 1982 and decided that the walkway should remain open. The report advises that the City's standards for walkways and subdivisions have been Completed in connection with Walkway #14. Council was advised that a concerned resident, Mr. John Sharpe,had been in contact with the City and had requested removal of the item from the Agenda. Mr.. Sharp~had been advised that public notification had taken place. ORDERED on the motion of Alderman Marrat,, seconded by Alderman Janvary, that the report be received and filed, and further that the walkway remain open. Carried Unanimously. - AND - Communication No. 394 - Residents of Edenwood Court - Re: Walkway #14. The communication discusses the advantages of the walkway, the lack of vandalism during the past two years, and expresses opposition to removal of the walkway. 0RDERED on the motion of Alderman Marrat,, seconded by Alderman 0rr, that 'the communication be received and filed. Carried Unanimously. - AND - Communication No 395 - Karyn Stockton - Re: Walkway #14. The communication discusses a survey taken within the area on November 7th, 1983, which indicated a majority of residents supporting the walkway~ and urges Council to maintain the walkway and "resolve that the matter has been dealt with once and for all." Mrs. Stockton was present and complimented on the data. ORDERED on the motion of Alderman Janvary, seconded by Alderman 0rr, that the communication be received and filed. It was further recommended that any further requests concerning the matter be directed to Council before any action is taken. Carried Unanimously. Noj 592 - Chief AdminiStrative Officer - Re: Portage Professional Building Limited Office Condominium Subdivision Application. File No. 26 CDM-83001. The report recommends that the questionnaire received from the Ministry of Municipal Affairs and Housing in respect to the Portage Professional Building ,Limited Office Condominiam Subdivision be completed and returned, along with an accompanying letter setting out the conditions to be imposed, and a copy of the plan showing those revisions or modifications required. · Mr. John Broderick, Solicitor, representing the owner of the subject building, discussed the conditions contained in the report, i.e., an impost fee on services already existing, and parking requirements. He referred to Section 33 of the Planning Act cited in the report, and stated that this section deals with demolition which would not be applicable in this case. Mr. Broderick further referred to Section 24 of the Condominium Act. He requested that the report be deferred in order that requirements for the improvement might be reconsidered. -4 - A discussion followed concerning the policy procedure regarding charges on services. ORDERED on the motion of Alderman Keighan, seconded by Alderman Gheesman, that the matter be deferred for further investigation by the Chief Administra- tive Officer, Solicitor and staff. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Coville, Cummings, Hinsperger, Janvary, Keighan, Kerrio, Merrett, Orr, and Somerville. NAYE: Alderman Puttick. No. 593 - (PD/82/83) - Chief Administrative Officer - Re: Request 6 month Extension to Draft Approval of the former Desson Subdivision, 26T-76101. Owner: Fm. Zenon Konopka. The report recommends that a Council resolution be adopted supporting the Subdivider's request for a further 6 month extension to plan 26T-76101 (former Desson Subdivision) and the Ministry of Municipal Affairs & Housing be advised accordingly. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Coville, Cummings, Hinsperger, Keighan, Kerrio, Merrett, Orr, Puttick, and Somerville. NAYE: Alderman Janvary. See Resolution No. 135. No. 594 - (PD/87/83) - Chief Administrative Officer - Re: Proposed Sign Policy Revision for Registered Plans of Subdivision. The report recommends that the proposed sign policy revision outlined in the report be adopted. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 595 - (PD/86/83) - Planning Director - Re: Membership in Canadian Institute of Planners. The report advises that Mrs. Anne Sachar and Mr. Doug Darbyson have been granted full membership in the Canadian Institute of Planners and recommends that the report be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be received and filed, and further, that.a letter of congratulations be forwarded. Carried Unanimously. REPORTS No. 596 - Chief Administrative Officer - Re: Lions Outdoo{ Rink - Drummond Road - remedial repairs. The report recommends that the firm of Heco be hired to do the remedial repair work to the refrigeration piping at Lions Outdoor Rink at a total cost of $11,109.00, and staff be authorized to proceed immediately- ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr, that the report be received and adopted, and further, that a penalty clause be included in the contract in the event the work is not completed in six weeks.. Carried Unanimously. See Resolution No. 136. No. 597 - Chief Administrative Officer - Re: Mewburn Road Bridge over C.N.R. Revised Weight Restriction By-law. The report recommends that the revised by-law concerning weight restrictions on the Mewburn Road Bridge over the C.N.R. be approved. Alderman Cummings declared a conflict of interest by reason 'of employment with a firm making the recommendation. ORDERED on the motion of Alderman Baker, seconded by Alderman 0rr, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded~ and all others vQting in fayour. See By-law No. 83-243. -5 - No. 598 - Chief Administrative Officer - Re: C.O.E.D. Program - Watercourse Maintenance - Streets Department. The report makes the following recommendations: 1) That future improvements to watercourses be initiated and undertaken through the Drainage Act. 2) That the number of employees engaged through the Streets Department on future work making projects be limited to a maximum of twenty men and a leadhand or foreman be hired as part of the program to aid City supervisory staff if circumstances dictate the need for additional supervisory staff. The Maintenance & Operations Engineer was commended for the report and recommendations. Mr. Harold Warner was granted permission to speak on the motion of Alderman Hinsperger, seconded by Alderman Orr. Mr. Warner discussed the improvements made to the Little Mississippi drain in Chippawa, and expressed the'opiniOn that both the Little Mississippi drain and the ditch at Rexinger Road' need further attention. He expressed appreciation to Council for the consideration given to his concerns. Alderman Hinsperger advised that he had conveyed complaints regarding the Little Mississippi drain to the attention of the Maintenance & Operations Epgineer, and requested an investigation. He was informed that the drain had been checked, but another investigation would be made. ORDERED on the motion of Alderman Coville, seconded by Alderman Cheesman, that the report be received and adopted. Carried Unanimously. No. 599 - Chief Administrative Officer - Re: Payment of Accounts. The report recommends payment of the accounts in the aggregate amount of $1,039,290.12 for the one week period ending November 14, 1983. Alderman Cummings declared a conflict of interest on Cheque No. 21270 since he is. employed with the company, and on No. 21282 since a member of his family is employed ~s a crossing guard. Alderman Hinsperger declared a conflict of interest on Cheques No. 21273, and 21274 by reason of employment with the company. Further information was provided on Cheque No. 21342. ORDERED on the motion of Alderman Somerville, seconded by Alderman Coville, that the report be received and adopted.. The motion Carried with Alderman Cummings abstaining from the vote on Cheques No. 21270 and 21282~ on conflicts of interest previously recorded; Alderman Hinsperger abstaining from the vote on Cheques No. 21273 and 21274, on conflicts of interes.t previously recorded; and all others voting in fayour. RESOLUTIONS No. 134- KEIGHAN - HINSPERGER - RESOLVED that the Council of the City of Niagara Falls supports a further two year extension of draft plan approval for the Bright's Subdivision, (File No. 26T-76060), and that the Ministry of Municipal Affairs and Housing be so advised; AND the Seal of the Corporation be hereto'affixed. Carried Unanimously. No. 135 - CUMMINGS - ItlNSPERGER - RESOLVED that the Council of the City of Niagara Falls supports a further six month extension of draft plan approval forthe former Desson Subdivision, (File No. 26T-76101), and that the Ministry of Municipal Affairs and Housing be so advised; AND the Seal of the Corporation be h~reto affixed. The motion Carried with Alderman Janvary opposed and all others,voting .in favour. " No. 136'- CHEESMAN - ORR-~ RESOLVED that the unit prices submitted by the firm of Heco for remedial repair work to the refrigeration piping at Lions Outdoor Rink, be accepted at the low tendered price of $11,109.00; AND the Seal of the Corporation be hereto affixed. Carried Unanimously'. -6- 'T BY-LAWS ORDERED on the motion of Alderman Merrett, seconded by Alderman Janvary, that leave be granted to introduce the following by-laws and the by-laws be read a first time: No. 83-243 - A by-law restricting the weight of vehicles passing over a bridge on Mewburn Road. No. 83-244 - A by-law to amend By-law No. 83-173, as amended, being a by-law to authorize the closing and conveyance of part of Whirlpool Road and the establishment of other lands as part of Whirlpool Road. No. 83-245 - A by-law to provide monies for general purposes. The motion Carried with Alderman Cummings abstaining from the vote on By-law No. 83-243 on a conflict of interest previously recorded in Report No. 597; Aldermen Cummings and Hinsperger abstaining from the vote on By-law No. 83-245, on conflicts of interest previously recorded in Report No. 599; and all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 83-243 - A by-law restricting the weight ~f vehicles'passing over a bridge on Mewburn. Road. No. 83-244 - A by-law to amend By-law No. 83-173, as amended, being a by-law to authorize the closing and conveyance of part of Whirlpool Road and the establishment of other lands as part of Whirlpool Road. No. 83-245 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings and Hinsperger abstaining from the vote on conflicts of interest previously recorded, and all others voting in favour. NEW BUSINESS PROPERTY ASSESSMENT MEETING His Worship Mayor Thomson advised that a meeting concerning Property Assessment was scheduled for Tuesday, November 15th, 1983, at 7:30 p.m., and it would be a public meeting in the Council Chambers. ~ DROP-IN CENTRE FOR THE DISABLED Alderman Janvary invited Council to visit the Drop-In Centre for the Disabled on Saturday, November 26th, 1983, between 10:00 a.m. and 12:00 noon, at A.C. McCallum Legion ~79, 5603 Spring Street. COMMUNICATION FROM HONOURABLE A. BRANDT Alderman Puttick offered to have copies made of :a communication he.- had received from Honourable A. Brandt~ Minister of the Environment, for members of Council wishing to receive same. JUNIOR "A" HOCKEY FRANCHISE Alderman Cummings initiated a discussion regarding a Junior 'TA" Hockey Franchise coming to the City. His Worship Mayor Thomson advised of a contact with Mr. Sam McMaster, who had expressed optimism and requested a discussion concerning the upgrading of seating capacity in the Arena to 3500 seats. It was noted that provision had been made during recent renovations to 'the Arena for additional seating in the future. ORDERED. on the motion of Alderman Puttick, seconded by Alderman Cummings, that consideration would be given to increasing the seating capacity of the Arena to conform with the requirements of the new franchise for Junior "A" Hockey, to 3500 seats over a five year period~ providing attendance warrants such an increase. Carried Unanimously. - 7- READ AND ADO~PJ~9, - It was moved by Alderman Cummings, seconded by Alderman Puttick, that the me. eting adjourn to Committee of the Whole. Carried Unanimously. MAYOR WAYNE THOMSON A~LE Committee Room #1 November 14, 1983 Council met on Monday, November 14th, 1983 at 8:35 p.m. in Committee of the Whole following a Planning Meeting. All members of Council were present with the exception of His Worship Mayor Thomson. Alderman Cheesman presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. READ A ADdPTED, __ __ ITY ~ MAYOR WAYNE THOMSON COUNCIL MEETING Council Chambers November 14, 1983 Council reconvened in formal session on Monday, November 14th, 1983 following a meeting in Committee of the Whole. All members of Council were present. His Worship, Mayor Thomson presided as Chairman. The meeting adjourned. ~.&~ki~, MAYOR WAYNE THOMSON :I SPECIAL MEETING Council Chambers November 15, 1983 Council met on Tuesday, November 15th, 1983 at 7:30 p.m. for the purpose of considering Re-Assessment under Section 63 of the Assessment Act. All members of Council were present with the exception of Aldermen Orr, and Somerville. His Worship Mayor Thomson presided as Chairman. RE-ASSESSMENT UNDER SECTION 63 OF THE ASSESSMENT ACT Mr. Terry Wilkes, Assessment Commissioner, introduced Mr. Dave Rosier, Mr. ~r~gory Scobie, Ms. Lena Pagano, and Mr. John Harriman. Mr. Wilkes advised that the study on re-assessment had been undertaken at the request of the City of Niagara Falls, and had now been completed. He further advised that the present method of assessment had begun 40 years ago and was out-of- date. FIr. Wilkes stated that assessment under Section 63 of the Assessment Act would be ~ore understandable" to the ratepayers who would receive information concerning the 1980 market value and factors and the c~tegory~within which the property was contained, and would be able to determine if it was a reasonable value for the property. He further stated that the property value would be on a par with similar real properties. Mr. Wilkes suggested that re-assessment under Section 63 would be "good for the City of Niagara Falls and for the ratepayers, and was a defensible form of assessment." Mr. Wilkes stated that the assessment base within the City would not be changed, except for a 2% increase in the base which would allow for improvements within the assessment time.% He reviewed the TaX Decreaseand Increase Distri- bution Class, Summary and Factors for the Municipality handouts, and advised that for the purpose of the study the Urban Residential Mill Rate had been utilized. Mr. Wilkes expressed the view that a number of ratepayers had been grossly over-paying taxes while~a number of others were being supported by them. He referred to the inequalities of residential taxation within areas. In reply to questions raised, Mr. Wilkes explained that the re-assessment is based on sales value of the property, plus the building cost produced by Ministry of Revenue based on the 1969 cost with modifications to represent 1980 cost. For commercial property, Mr. Wilkes advised that the cost approach was used, a comparison with the market for market value, as well as income value. He further advised that the income approach was used for multi-residential properties, shopping plazas, and any property that has the ability to produce income. Mr. Wilkes reiterated that the market value, income and cost factors were utilized. In reply to questions presented, Mr. Wilkes advised that farms would be assessed as farmland with preferential treatment, as related to the activity of the land. He stated that if the land was zoned as farmland, and not being used for farming activities, then it would he assessed similarly as other non- farmland in the area. Mr. Wilkes further stated that a base was established with an analysis of the market for Niagara Falls to current sales, and that there had been no indication of a shifting of value, particularly for commercial property.. Mr. Wilkes replied to additional questions by advising that a number of appeals would be withdrawn and the position of the Assessment Department was '~ore defensible" through explanation to the ratepayers. He further advised that.experience has shown an increased number of appeals the first year, and a decrease of appeals in subsequent years. Mr. Wilkes discussed the former under-assessment in two rural areas which required the urban citizens of Niagara Falls to "pick up" the tax responsibility of the rural areas. He referred to the lower mill rate in rural areas as a reflection of fewer services and stated that a home valued at $80,000 in the urban and rural areas would be assessed.similarly. In reply to questions concernin8 the distinction between the old and new parts of the City, Mr. Wilkes stated that there would not be a tremendous increase or decrease in the areas~ but would correct equity between the properties. -2 - Mr. Wilkes stated that location was the largest factor affecting market value. Subsequent to questions regarding the calculation of assessment on individual properties, Mr. Wilkes advised that the reports being submitted were intended to present an "objective picture", that the Assessment Notice is forwarded 15 days prior to the return of the Assessment Roll, and that the ratepayers have 15 days to discuss the assessment with the Assessment Depart- ment. He explained the "open house" procedure which allows an opportunity for discussion with the ratepayer, and a determination regarding the fairness of the market value approach. Mr. Wilkes further stated that if an error in judgment is proven, another inspection and alteration of the assessment would be made. He indicated that ample opportunity would be given for discussion of the assessment prior to the filing of an appeal and receipt of a tax bill. In reply to questions concerning the use of financial statements to assess business property, Mr. Wilkes stated that this would apply to rental income from properties, but this information had not been obtained from all commercial properties. A general income was taken and compared with market value and cost approach, giving a "good insight to assessment value". He added that the approach to motels and hotels included generalization of income over the sale of averages, and in some cases, financial statements. He informed Council that if a large enough sample of income from properties is obtained, it can be applied for assessment of properties. Mr. Wilkes discussed the term and use of "central tendency" in the reports which indicates that 46% of the homes would not experience an increase or decrease greater than 5%, and 75% with an increase or decrease no greater than 15%. Mr. Wilkes informed Council that vacant land had been assessed "very low". He advised that 90% of the units in the downtown area would experience some form of decrease in assessment, and added that, if there is a decrease in some instances there must be an increase somewhere else, and that the commercial properties in new areas would be "picking up some of that burden". He stated that if true market value was utilized, there would be a "tremendous shift in tax responsib- ility from con~nercial and industrial, and multi-residences to residential and farm. Mr. Wilkes further stated that the Province had implemented Section 63 to bring fairness in property values between property classes. He explained the procedure for the adoption of re-assessment Mr. Wilkes requested a decision "this evening" to facilitate an'early determination of market value, or a return to the old system. He stated that he would be willing to attend any meeting requested. Further discussion took place subsequent to questions raised by interested residents regarding the market value of the downtown area; the assessment of equal value homes in rural and urban areas; an~ the possibility of implementing the new system in future in Council should decide not to approve re-assessment at this time. Mr. Wilkes stated that a re-assessment would be required-again only if similar inequities developed. Mr. Wilkes replied to questions raised regarding the number of enquiries subsequent to implementation of the new system. He advised that Uin no situation has it ever been so dramatic as to create chaos", that there would be concerns with some citizens receiving substantial increases in taxes, that the majority of properties were equally assessed, but that a number were grossly over-assessed or grossly under-assessed. He again referred to the appeal procedure. Reference was made to the number of municipalities, comparable in size with Niagara Falls, that had initiated the system. Mr. Wilkes stated that ultimately the system had proven to be more fair than the previous sXstem of assessment, Mr, Gordon Wylie, President of the local Real Estate Associat~on, asked if it would be feasible to consider only Queen Street, Mr. Wilkes replied that it would be necessary to re-assess the entire City, He provided additional information on this matter, stating that such an action would reduce the assessment base of the ~unicipality Fw. Brian Antonsen questioned Mr, Wilkes regarding specific properties. and was advised that the Assessment office was "not allowed to give specific answers" that information could be given regarding the process of determining assessment~ -3 - but could not disclose specific information. He stated that the market value is determined by supply and demand. Mr. Wilkes agreed with Mr. Jeff Rose, that the owner's perception of the value of his home would be close to the market value. Mr. Wilkes replied to questions raised by Mr. Harold Bradley concerning property on Queen Street. He stated the entire property would be re-assessed and explained the procedure. Mayor Thomson requested information regarding the assessment of condominiums. It was learned that condominiums would be assessed as single family dwellings. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Keighan, that a decision concerning re-assessment under Section 63 of the Assessment Act be deferred to next Monday night~ and further, that information regarding other communities wilt be available at that time. The motion Carried with the following vote: AYE: Aldermen Baker, Cheesman, Kerrio, and Merrett. NAYE: Alderman Puttick. Coville, Cummings, Hinsperger, Janvary, Keighan, It was moved by Alderman Merrett seconded by Alderman Janvary, that the meeting adjourn. READ AND CLERK MAYOR WAYNE THOMSON FORTY-THIRD MEETING Committee Room #1 November 21, 1983 Council met on Monday, November 21, 1983 at 7:15 p.m. in Committee of the Whole. All members of Council were present with the exception of His Worship Mayor Thomson. Alderman Puttick presided as Chairman. Following consideration of the item presented, the Committee of the Whole arose without reporting. L~A~44 READ AND _ADOPTED, fACTING MAYOR CNARLES CDEES!iA.N Council Chambers November 21, 1983 Council met on Monday, November 21st, 1983 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of His Worship Mayor Thomson. Acting Mayor Charles Cheesman presided-as Chairman. Alderman Orr offered the Opening Prayer. RESOLUTION No. 137 - HINSPERGER - KEIGHAN - RESOLVED that Alderman Charles Cheesman be appointed Acting Mayor in the absence of His Worship Mayor Wayne Thomson, for the period of November 21st to November 26th, 1983 inclusive; AND FURTHER that Alderman Patrick Cummings be appointed as Acting Mayor in the absence of His Worship Mayor Wayne Thomson for the period of November 27th to December 2nd, 1983 inclusive; AND the Seal of the Corporation be hereto affixed. Carried Unanimously% PRESENTATIONS THE NIAGARA FALLS MINOR GIRLS' SOCCER CI,UB- DINO'S AUDIO-VIDEO SOCCER TEAM - ACHTFWFN~NT AWAUBR Acting Mayor Charles Chessman presented Achievement Awards on behalf of the City to the following members and Coaches of Dino's Audio-Video Soccer Teara: Rose Baldinelli, Cheryl Campaigne, Denise Cloutier, Jodi Cupolo, Cindy Custers, Anna DiCienzo, Paula Giganti, Deanna Heaslip, Beth Huggins, Candy Kelly, Rhonda Notarfranco,' Kristi O'Connell, Lori Ohlson, Loreen Paulo, Cynthia Royer, Irene Wasyliw, Harry Campaigne, Coach, and Carl Ohlson, Coach. The team had won abe Provincial Ontario Cup Championship on September llth, 1983 at St. Catharines, had achieved the Eastern Canadian Championship, Atlantic Provincial Championship, Qxebec Provincial Championship, and was a finalist in The Canadian Championship game. Acting Mayor Cheesman offered congratulations and appreciation to the team and coaches. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger~ that the minutes of the meeting held October 14th, 1983 be adopted as printed. Carried Unanimously. UNFINISHED BUSINESS SOCIAL PLANNING COUNCIL - GROUP HOMES REPORT . Communication No. 396 - Social Planning Council of Niagara Falls - Re: Supplementary to Group Homes Report. The communication refers to recent -2- items in the Niagara Falls Review concerning the Group Homes issue in the City. The communication reviews the active interest of the City of Niagara Falls in connection with the issue and the concentrated effort to produce the highest level of care. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that Council endorse the communication and authorize staff to attend the Regional Planning and Development Committee meeting scheduled for November 23, 1983, for the purpose of representing the concerns of the City and the Social Planning Council regarding the Group Homes issue and proposed Regional Official Plan amendment. Carried Unanimously. REGULATIONS FOR BARBERS, HAIRDRESSERS AND HAIRSTYLISTS - AND - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 600 - Chief Administrative Officer - Re: Regulations for Barbers, Hairdressers and Hairstylists. The report recommends that Council consider one of the following alternatives respecting submissions made by the Niagara Fails Barbers Association: 1) That the situation remain as it is at present and no consideration be given to further legislation to regulating hours of hairdressers and hairstylists. 2) That By-law Numbers 75-53 and 75-54 to provide for early closing and Monday closing for barber shops be repealed if requested by the Niagara Falls Barbers Association. 3) That by-laws similar to those in effect for barber shops be passed to regulate the hours of hairdresser shops and hairstylist shops, if requested by a large majority of those persons affected. Mr. Carmen Maccarone, representing the Niagara Falls Barbers Association, requested that the matter be tabled for further discussion among the involved groups. ORDERED on the motion of Alderman Puttick, seconded by Alderman Kerrio, that the matter be tabled until a further request for action is made by the Niagara Falls Barbers Association. Carried Unanimously. RE-ASSESSMENT UNDER SECTION 63 OF THE ASSESSMENT ACT - AND - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 601 - Chief Administrative Officer - Re: Re-Assessment under Section 63 of the Assessment Act. The report recommends that the additional information contained therein be received and filed. Mr. Gordon Paul, President of the Niagara Falls Canada~ Visitor and Convention Bureau, was granted permission to address Council on the motion of Alderman Merrett, seconded by Alderman Somerville. Mr. Paul expressed the view that neither the Bureau, nor he, was opposed to the imposition of market value re-assessment. He requested that the matter be deferred for a year in order that further information might be obtained and subsequently a more complete comprehension of the proposed change. A discussion followed regarding the actions taken to date, the discussions in the Finance Committee and Council meetings, and Council's request to the Ministry of Revenue to proceed with an impact study to determine the effect of a complete re-assessment. Reference was made to the 389 municipalities in the Province who have implemented market value assessment, other municipalities which have requested a study, and publicity and discussions concerning the matter. Mr. T. Wilkes, Assessment Commissioner, replied to questions raised regarding the method used to re-assess properties, and p=oceduree. ~o' implement the system. He advised that there was no provision for private assessment pri. o~ to the assessment notice which would be forwarded in February 1984. Mr. Richard Mann, 9502 Willoughby Drive, was granted permission to address Council on the motion of Alderman Kerrio, seconded by Alderman Cummings. He reviewed the floodplain designation of the rural area; the lack of water~ sanitary and garbage:services; maint~nance of septic .tanks and cisterns; high insurance rates in rural areas; and high construction . rate~. Mr. Mann expressed opposition to "true value" assessment because of "extra expenses" without benefits. -3 - Mr. Wilkes discussed the "fair treatment" provided under market. value assessment; the similarity of assessment for properties of equal value, and differences in services being reflected in the lower mill rate for rural - AND- Communication No. 397 - John Holer, President, Marineland - Re: Proposed Market Value Assessment. The communication expresses concern regarding the proposed change to market value assessment, discusses the extensive property of Marineland, of which 80% is unproductive, and the negative effects to the tourist industry in the event that the total property is assessed equally. The communication requests that Council defer a decision on the matter. Mr..John Holer was granted permission to address Council on the motion of Alderman Kerrio, seconded by Alderman Somerville. Mr. Holer discussed the possible increase in the property assessment of Marineland, the long term development project underway, and requested assurance concerning increased assessment of the. property. Mr. Wilkes referred to previous discussions with Mr. Holer, and to the extensive acreage under development at Marineland, the breakdown in this instance with consideration given to a commercial entity with future expansion, and the need for reconsideration when the project has been completed. He advised that assurance regarding individual assessment could not be given. Mr. Wilkes discussed the old system on a comparison basis with the proposed market value assessment, as well as loss of assessment on major industrial properties under the old system. He replied to questions raised regarding assessment of industrial lands, and a 27° increase in tax levy to be distributed to the Province, the Region, and the Municipality. - AND - Communication No. 398 - Minister of Revenue - Re: Market Value Assessment. The communication refers to the 1983 Ontario Chamber of Commerce Provincial Recommendations Booklet and expresses agreement with the Chamber of Commerce view on the appropriateness of market value assessment as a base for municipal property taxation. It supports the Chamber's recommendation to "proceed immediately to accelerate the implementation" of the program on a Province-wide basis. Aldermen Coville, and Somerville, expressed opposition to the proposed re-assessment under Section 63 of the Assessment Act. Alderman Coville referred to the large number of appeals from homeowners in municipalities which have implemented the system. She stated that market value assessment was not related to the services received by homeowners,~nd penalized the resident who ~roperly maintained his home. Alderman Cummings referred to current problems encountered by industries, government programs which had been withdraw~, and the responsibility for a decision concerning re-assessment being given to the municipalities rather than being made at a Provincial level. Alderman Kerrio expressed concern that information had not been received from many industries in the City. He referred to the lack of understanding with respect'to the proposed system by members of the Visitor and Convention Bureau, as well as the possible attitude of industries wishing to locate in the City. He asked the reason for Province-wide legislation not being enacted, and Mr. Wilkes 'suggested that the question should be directed to the Minister of Revenue. A discussion followed regarding land which is currently non-productive becoming productive under the market value assessment system, greater equitability, the right and responsibility of elected officials to make decisions which effect the municipality, and the right to appeal the assessment. ORDEREDon the motion of Alderman Keighan, seconded by Alderman Orr, that a resolution be forwarded to Honourable Bud Gregory, Minister of Revenue, requesting that Section 63, Market Value Assessment, be implemented in the City of Niagara Falls in 1983 for 1984 taxation. It was further recommended that the ~eport and communications be received and filed, and a copy of the resolution forwarded to Mr. T. Wilkes, Assessment Commissioner. The motion -4- Carried on the following vote: AYE: Acting_Mayor Ghee~msD., ~nd .Aldermen H~DsPerga~+.JanvarY, Keigban' Merre~t, Orr, and Puttick. NAYE: Aldermen Baker, Coville, Cummings, Kerrio, and Somerville- See Resolution No. 138. REPORT ORDEREl) on the motion of Alderman Kerrio, seconded by Alderman Cummings, that the report concerning the proposed adjustment in hunting boundaries be brought forward. Carried Unanimously. No. 602 - Chief Administrative Officer - Re: Proposed adjustment in Hunting Boundaries. The report recommends that no change be made in the area where hunting is prohibited in the City of Niagara Falls. Mr. Nicola Romagnano was not present at the meeting. Mr. Bert Simon, Larch Tree Farms, was granted permission to address Council on the motion of Alderman Kerrio, seconded by Alderman Somerville. He referred to his extensive property in the subject area, and expressed strong opposition to a change in the hunting boundaries on behalf of himself and his family. He advised that he had contacted neighbours who were unable to be present at the meeting, but who would support his stand. Mr. Simon replied to questions raised, advising that he does not have a problem with hunters on his land, and further, that the game on the premises is assessed in conjunction with Sportsmen's Clubs, and the property is posted accordingly. Mr. Simon stated that the existing laws governing hunting in the area were sufficient, and there was no justification for a change. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the report be received and adopted, and further, that Mr. Romagnano be advised to post signs on his property. Carried Unanimously- UNFINISHED BUSINESS HISTORIC OAK TREE - PORTAGE ROAD - AND - REPORT OF CHIEF ADMINISTRATIVE OFFICER No. 603 - Chief Administrative Officer - Re: Historic Oak Tree - Portage Road. The report recommends that the information contained therein be noted and the balance of the costs over and above the amount underwritten by the Niagara Falls Heritage Foundation be assumed by the Municipality through its Parks budget. A brief discussion followed concerning the additional remedial action taken on the tree, and the subsequent additional costs. ~ ORDERED on the motion of Alderman Merrett, seconded by Alderman Baker, that the report be received and adopted.. Carried Unanimously. COMMUNICATIONS No. 399 - Environment Canada - Re: Niagara River Pollution. The communication discusses the Niagara River Toxics Project which was initiated in 1981 by four Canadian and United States Environmental agencies, and the availability of the report in February 1984. ORDERED on the motion of Alderman Keighan, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously- No. 400 - The Salvation Army, Niagara Falls Citadel - Re: Request f.or rent decrease. The communication discusses the Thrift Store on Erie Avenue, the increased cost of servicesj and requests that Council consider a decrease in rent for the store. ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio, that the request be forwarded to the Finance Committee for consideration during 1984 Budget discussions. Carried Unanimously. No. 401 - Minister of Labour - Re: Goat of Fire Department clothing regulations. The communication refers to the cost of implementing the proposed regulations for.'protective equipment for fire fighters under the Occupational Health and - 5 - Safety Act and outlines a modified approach which allows municipalities to anticipate and budget for the protective equipment. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed. Carried Unanimously. No. 402 - The Niagara District Homes Committee for the Physically Disabled Incorporated - Re: Participation Houses available. ~]~e communication refers to the recent concern expressed by ~Fs. Thelma Hurd regarding her unsuccessful attempts to obtain nursing home care facilities for her handicapped son, Alec, and discusses actions in the area regarding Participation Houses. Alderman Puttick advised Council respecting actions taken to resolve the problems of Mrs. Hurd. He suggested that a letter of appreciation be forwarded to the groups which had assisted her. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the communication be received and filed, and a copy to be forwarded to the Social Planning Council. It was further recommended that a letter of appreciation from the City Clerk be forwarded to the Greater Niagara General Hospital Board, the Social Services Department and the Social Planning Council. Carried Unanimously. No. 403 - Canada Safety Council - Re: Safe Driving Week - December 1 - 7, 1983. The communication advises of the 28th National Safe Driving Week with the theme "None For The Road", the certificates of commendation from the Governor-General of Canada, for municipalities of 40,000 or more that are free of traffic fatalities during the subject week, and requests assistance in promoting the program. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that the communication be received and the request approved. Carried Unanimously. No. 404 - Ye Olde Chippawa Days - Re: Rental of Niagara South Arena. The communication attaches a list of expenses incurred for Ye Olde Chippawa Days in 1983, refers to fund raising activities, and requests that the rental fee for the Niagara South Arena on July 31, 1983 be waived. The City Clerk advised that a request had been received to have the communication withdrawn from the agenda. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville, that the communication be withdrawn from the agenda. Carried Unanimously. No. 405 - Ontario Human Rights Commission - Re: Human Rights Day, December 10, 1983 and/or Human Rights Week, December 5 - 11, 1983. The communication advised of the 35th Anniversary of the United Nations' Universal Declaration of Human Rights and attaches a copy of the Human Rights Scroll, as well as information with respect to possible activities for the celebration. The municipality is asked to support the program. ORDERED on the motion of Alderman Cummings, seconded by ~lderman Hinsperger, that the designation of December 10th, 1983 as Haman Rights Day be endorsed. Carried Unanimously. No. 406 - Minister of Transportation & Communications - Re: Noise Barrier on Q.E .W. The communication refers to the resolution from Council that consideration be given to the erection of a noise barrier on the east side of the Q.E~W. south of Thorold Stone Road, and advises of the Ministry's policy and technical priority listing which indicates sites with a greater need for immediate action. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be received and filed, and further that a copy be forwarded to the attention of the petitioners' attention in care of Dalip Singh, 4527 Sussex Drive. Carried Unanimously. REPORTS No. 604 - Chief Administrative Officer - Re: Niagara Falls Brief to the Ontario Waste Management' Corporation. The report recommends the following: 1) That the briefJ jointly prepared by staff and the Community Committee (N.A.T.) Niagara Against Toxins, be endorsed by Council for presentation to Dr. Chant at the Public Meeting to be held on Thursday, November 24th, 1983. -6- 2) That as many Council members as possible attend the Public Meeting. Acting Mayor Cheesman advised that the meeting is scheduled for Thursday, November 24th, at the Willoughby Fire Hall~ at 7:00 p.m. ORDERED on the motion of Alderman Coville, seconded by Alderman Janvary, that the report be received and adopted with appreciation to City Staff for assistance received. Carried Unanimously. No. 605 - Chief Administrative Officer - Re: Ontario Basic Mapping Project. The report recommends the following: 1) That Council pass the by-law appearing on tonight's agenda to authorize an agreement between the City and the Province of Ontario covering the above project. 2) That Council pass the by-law on tonight's agenda to authorize an agreement between the City and its agent for this project, Matthews & Cameron, covering duties to be performed and payment schedules. 3) That to pay for the City's share of the cost of the project, estimated at $96,500, Council establish a reserve in the amount of $35,000 out of the 1983 Budget and allocate in the 1984 Budget an amount of $35,000~ and in the 1985 Budget an amount of $26,500. ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-law No. 83-250 and By-law No. 83-251. No. 606 - Chief Administrative Officer - Re: Canada Works - 3oh Creation Program. The report recommends that Council consider participation in the Canada Works Program when approval is received from the Ministry of Employment and immigration. In reply to questions raised, the Personnel Director stated that if the program is approved the Corporation would recall employees on lay off to participate in the projects. Me provided further information regarding job classifications and payment rates. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio~ that the report be received and adopted. 'Carried Unanimously. No. 607 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for October~ 1983. The report provides information with respect to permits issued and activities under the R.R.A.P., and C.O.E.D. programs. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and filed. Carried Unanimously. No. 608 - Chief Administrative Officer - Re: Site Plan approval - proposed Townhouse Development, (4 units), 5299 Ottawa Avenue. The report recommends that the Council approve the site plan on display at tonight's meeting, being a proposed townhouse development, and the site plan dated November 1983, filed with the Buildings and Inspections Department of the City of Niagara Falls on November 21, 1983, and that such approval be subject to the conditions outlined in the report. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Somerville that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Gorilla, Minsperger, Keighan, Kerrio# Merrett, Puttick, and 8omerville. NAYE: Aldermen Cummfngs~ Janvary, and Orr. No. 609 - Chief Administrative Officer - Re: Cansdis Property - Dorchester Road. The report recommends that the information contained therein be received and filed together with the report da~ed October 17th dealing with the matter. Alderman Cummings referred to leaves being piled on the Cansdis p~operty by City forces~ and asked that they be removed. ORDERED on the motion of Alderman Keighan, seconded by Alderman Janvary, that the report he received and filed. Carried Unanimously. No. 610 - Chief Administrative Officer - Re: Illegal Auto Body Shops. The report reviews actions taken with respect to illegal auto body shops, advises that leMal action will be taken without the use of an outaide inveatigator~ and ~econmends that the information be received and filed. - 7 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 611 - Chief Administrative Officer - Re: 1983 Capital Budget Projects. The report recommends that the by-laws appearing on tonight's agenda be passed by Council. In reply to questions raised, the Acting Director of Municipal Works advised that the subject projects had been approved in the Municipal Works Committee, and subsequently adopted by City Council for January 1, 1983. ORDERED on the motion of.Alderman Somerville, seconded by Alderman Merrett, that the report be received and adopted. Carried Unanimously. See By-law No. 83-252 and By-law No. 83-253. No. 612 - Chief Administrative Officer - Re: Parking lots - Snow Plowing. The report recommends that the firms of 3im Black Trucking, Watson Excavating, and Dominion Paving Co., be awarded the parking lots snow plowing for the Winter of 1983/84. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. See Resolution No. 139. No. 613 - Chief Administrative Officer - Re: Parking on Banting Avenue. · The report recommends that parking be prohibited at all times from the easterly side of Banting Avenue, from the southerly limit of the Fire Hall property, 255 feet northerly. ORDERED on the motion of Alderman Hinsperger, seconded by.Alderman Baker, that the report be received and adopted. Carried Unanimously. No. 614 - Chief AdminiStrative Officer - Re: Control of the'Construction and Maintenance of Rain Water Leaders and Downspouts. The report recommends that the by-law respecting the construction and maintenance of rain water leaders and downspouts on tonight's agenda be passed. ORDERED on the motion of Alderman Merrett, seconded by Alderman Coville~ that the report be received and adopted. Carried Unanimously. See By-law No. 83-254. No. 615 - Chief Administrative Officer - Re: Encroachment on ~ty Easement at Lot 24, Plan 59M-97 - Woodgate Street. The report recommends that the encroachment as shows on the attached drawing be allowed to remain, and that the by-law authorizing lhe same on tonight's agenda be given approval. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 83-249. No. 616 - Chlef Administrative Officer - Re: Request for Release, Lots 35, 36, 87, 88,141, Registered Plan M-29. The report recommends that CoUncil pass the by-~aw appearing on this agenda to authorize a release of Lots 35~ 36, 87, 88, and 141, Registered Plan M-29 from the provisions of the subdivision agreement between the City and Taro Properties Incorporated dated November 20, 1974 and registered as Instrument No. 232482, as amended by an agreement dated August 29, 1975 and registered as Instrument No. LT-2013. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously. See By-law No. 83-249. No. 617 - Chief Administrative Officer - Re: Surplus M.T.Q. Property. The report recommends that M.T.C. be thanked for offering a surplus parcel of property to tbe Manlctpality but that we must decline the offer as we have no use for the subject pPoperty. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. -8- No. 618 - Chief Administrative Officer - Re: Payment of Accounts. The report recommends payment of the accounts in the aggregate amount of $413,118.04 for the one week period ending November 21, 1983. Alderman Somerville declared a conflict of interest on Cheque No. 21446 because he is a member of the Department. Alderman Hinsperger declared a conflict of interest on Cheque No. 21377 by reason of employment with the Company. Further information was provided on Cheques No. 21371, and 21404. A report was again requested on Cheque No. 21186. ORDERED on the motion of Alderman Merrett, seconded by Alderman Kerrio, that the report be received and adopted. The motion Carried with Alderman Hinsperger abstaining from the vote on Cheque No. 21377, and Alderman Somerville abstaining from the vote on Cheque No. 21446, as previously recorded, and all others voting in layout. No. 619 - Mayor's Committee on Special Needs - Re: Special Needs (Handicapped) Items. The report invites all members of Council to attend the following Special Needs Events: 1) First Niagara Falls Special Needs Council Meeting on Tuesday, November 22, 1983 at 7:00 p.m., Blue Line Room, Niagara Falls Memorial Arena. 2) Official Opening of the Handicapped Drop-In Centre, Saturday, November 26, 1983, 10:00 a.m. to 12:00 noon, A.C. McCallum Legion 479, 5603 Spring Street. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and filed, and as many members of Council as possible attendS- Carried Unanimously. No. 620 - Chief Administrative Officer - Re: Complaint re keeping of Goats. The .report recommends that the contents of this report be noted and a copy forwarded to the complainants together with an invitation to discuss with Staff the authority of the Municipality to regulate the keeping of animals. - AND - Communication No. 398 - Mrs. Margaret Valentine - Re Ke.eping of Goats. The communication advises that the Health Officer and City Staff had contacted the owner of the goats without action being taken to resolve the problem, and requests that the by-law be amended to allow the keeping of house pets only in the residential area of Niagara Boulevard. Mrs. Margaret Valentine was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Hinspefger. Mrs. Valentine reviewed the problems she and her family is experiencing as a result of the goats being kept by an adjacent property owner. She referredt to the high taxes and lack of services in the area. Mrs. Valentine requested ·that only household pets be allowed in the area. The Chief Administrative Officer referred to the report which outlined the investigation by the City and the Health Unit. He advised that a Health Department representative had visited on a number of occasions and did not consider the situation a health hazard. Reference was made to the surrounding area being predominantly rural with accompanying farm animals. The City Solicitor advised that there is provision in the Municipal Act to prohibit the keeping of ~nimals in a defined area. A discussion ensued concerning difficulties encountered in the pa~sing of a by-law to limit or regulate the keeping of animals in certain area.s, particularly the rural areas. Mr. Robert L. Randall, 12611 Niagara River Parkway, advised that he is' the o~qter of the goats, ·that he had checked the zonlng by-law prior to obtaining the animals which he keeps as pets for his children, had been in touch with the University of Guelph and other experts regarding the control, odour, and waste matter in connection with goats, and uses spray to control flies. He staled that the goats do not smell nor attract flies. Mr. Randall expressed the view that the odour and fly problem referred to by Mrs. Valent'lne is caused by a nearby pig farm. He referred to the nearby farms which contain manure. Mr. Randall advised that he had taken every action possible to maintain a clean environment, had been in contact with the Health Department, and expressed the view that a restriction 'on the by-law would be an infringement on hi~ riBhie .to the property. . . . . 9 -9- ORDERED on the motion of Alderman Coville, seconded by Alderman Orr, that the communication be received and filed, and the report be received and adopted. It was further recommended that no action be taken at this time, and that Staff be directed to monitor the situation. Carried Unanimously. No. 621 - Chief Administrative Officer - Re: Re-lotting Agreement for Tad Street and Part of Armstrong Drive, in the Charnwood Subdivision, Plan M-53. The report recommends the following: 1) That the by-law to be handed out at tonight's meeting regarding the re- lotting agreement between the City of Niagara Falls and Ontario Land Corporation, be approved; and 2) That Pinewood Homes (Niagara) Limited be allowed to install the additional water service laterals and sanitary service laterals to the newly created lots. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. See By-law No. 83-256. RESOLUTIONS No. 138 - KEIGHAN - ORR - RESOLVED that the Council of the City of Niagara Falls hereby requests the Ministry· of Revenue to implement Section 63 of the Assessment Act, Market Value Assessment, in the City of Niagara Falls in 1983 for 1984 taxation; AND the Seal of the Corporation be hereto affixed. The motion Carried onthe following vote: AYE: Acting ~hyor Cheesman, and Aldermen Hinsperger, Janvary Keighan,_ Herrerr, Orr, and Puttick. NAYE: Aldermen Baker, Coville, Cummings, Kerrio, and Somerville. No. 139 - KERRIO - ORR - RESOLVED that the unit prices submitted by Jim Black Trucking, Watson Excavating, and Dominion Paving Co., for the snow plowing of ,parking lots for the Winter of 1983/84, be accepted; AND the Seal of the Corporation be hereto affixed.. Carried Unanimously~ BY-LAWS ORDERED on the motion of·Alderman Cummings, seconded'by Alderman Baker, that 'leave be granted to introduce the following by-laws and the by-laws be read a first time: No. 83-246 - A by-law to authorize a release. (Lets 35, 36, 87, 88, and 141, Plan M-29). No..83-247 - A by-law to ·authorize the execution of an agreement with Sunnylea .' Construction Limited. · NO. 83-248 - A by-law to authorize the execution of an agreement with. 429408 Ontario Limited operating under the name and style of NECO. No. 83-249 - A by-law to authorize an agreement with F. Grossi Construction Limited. No. 83-250 - A by-law to authorize an agreement with Ma~thews and Cameron Ltd. No. 83-251 - A by-law to authorize an agreemsnt with Her Maj?sty the Queen in Right of Ontarlo as represented by the. Minlster of Natura~ Resources for the Province of Ontario. No. 83-252 - A by-law to authorize the reconstruction of combined sewermains as an improvement and·extension to the sewage system in the Urban Service Areas of th~ City. · · No. 83-253 - A by-law to authorize the installation of watermains as an improvement to the water supply system in the Urban Service Areas of the City. - 10 - No. 83-254 - A by-law respecting the construction and maintenance of rainwater leaders and downspouts. No. 83-255 - A by-law to provide monies for general purposes. No. 83-256 - A by-law to authorize the execution of an agreement with Ontario Land Corporation. The motion Carried with Aldermen Hinsperger, and Somerville abstaining from the vote on By-law No. 83-255 as previously recorded in Report No. 618, and all others voting in fayour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be no~ read a second and third time: No. 83-246 - A by-law to authorize a release, (Lots 35, 36, 87, 88, and 141, Plan M-29). No. 83-247 ~ A by-law to authorize the execution of an agreement with Sunnylea Construction Limited. No. 83-248 - A by-law to authorize the execution of an agreement with 429408 Ontario Limited operating under the name and style of HECO. No. 83-249 - A by-law to authorize an agreement with F. Grossi Construction Limited. No. 83-250 - A by-law to authorize an agreement with Matthews and Cameron Ltd. No. 83-251 - A by-law to authorize an agreement with Her Majesty the Queen in Right of 0utario as represented by the Minister of Natural Resources. fqr the Province of Ontario.'.' No. 83-252 - A by-law to authorize the reconstruction of combined sewermains as an improvement and extension to the sewage. system in .the Urban Service Areas Of' the City. No. 83-253 - A by-law to authorize the installation of watermains as an improvement to the water supply system in the Urban Service Areas of the City. No. 83-254 - No. 83-255 - A by-law respecting the construction and maintenance of rainwater leaders and downspoute. A by-law to provide monies for general purposes. No. 83-256 - A by-law to authorize the execution of an agreement with Ontario Land Corporation.. The motion Carried with Aldermen Hinsperger, and Somerville abstaining from the vote on By-law No. 83-255, as previously recorded, and all otherSvoting in fayour. NEW BUSINESS JUNIOR "A" FRANCHISE Alderman Cummings provided an update report conce~ning a Junior "A" Franchise for the City. He advised that Mr. 8am MaMastar and his group would be proceeding with the franchise in the Gity of Niagara Falls next year. Alderman Cummings wished Mr. McMaster "luck" on behalf of Council. NIAGARA FALLS MEMORIAL ARENA - P.A. SYSTEM Alderman C~mmings advised that the P.A. System at the Niagara Falls Memorial Arena is not working properly. - 11 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the Chief Administrative Officer be directed to investigate this matter as soon as possible. Carried Unanimously. ENGINEERING STUDY Alderman Puttick referred to the Engineering Study made by the firm of Eric Hardy Consulting Limited, and requested information concerning payment. It was agreed that further information would be provided on this matter. CLEAN-UP OF LEAVES Alderman Puttick discussed the pick-up of bagged leaves by City Forces and the possible increase in manpower for this service. ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that this matter be referred to Staff for investigation. Carried Unanimpusl~. Alderman Somerville discussed the recent flooding problems experienced in the former Township of Willoughby caused by the overflow of drainage ditches. Me asked if the ditches could be cleaned out under the Drainage Act. ORDERED on the motion of Alderman Somerville, seconded by Alderman Cummings, that the matter be referred to the Municipal Works Committee for consideration in consultation with the City Solicitor, and report to Council. Carried Unanimously. LANDFILL SITE Alderman Kerrio advised that the Provincial Member of Parliament, ~. Vince Kerrio, had spoken with Honourable Andrew S. Brandt, Minister of the Environment, regarding the proposed expansion of the City landfill site. He advised that Mr. Brandt was prepared to meet with representatives of the City. It was pointed out that Mr. Brandt would be in the City of Niagara Falls on November 30~ 1983. CIVIC COMMITTEE UPDATE REPORT Alderman Janvary referred to the Lundy's Lane Historical Museum, and invited members of Council to. visit the Museum. BENTLEY BUILDING In reply to questions raised, the Chief Administrative Officer provided a report on recent actions concerning the Bentley building. RETIREMENT DINNER - A.L. JOBEY, PERSONNEL DIRECTOR Alderman Janvary made reference to the retirement dinner for the Personnel Director which has been scheduled for Wednesday, November 23rd, 1983. She suggested that as many members of Council as possible should attend. WELCOME - JAMES INMAN, PERSONNEL DIRECTOR Acting Mayor Cheesman referred to the presence of the new Personnel Director at the Council meeting. ORDERED on the motion of Alderman Janvary, seconded by Alderman Kerrio, that the new Personnel Director, 3ames Inman, be welcomed to the Council meeting. Carried Unanimously. HAZARDOUS CROSSINGS Alderman Cheesman referred to the following matters which require attention: 1) The possible installation of a traffic light at the intersection of Montrose Road and Lyons Creek Road. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings, that this matter be referred through Staff to the Region for consideration. Carried Unanimously. - 12 - 2) The need for a street light at the dead end of Lyons Creek Road at McKenny Road. ORDERED on the motion of Alderman Merrett, seconded by Alderman Coville, that this matter be referred through Staff to the Niagara Falls Hydro for installation of a street light. Carried Unanimously- COMPUTER BANK TAPES Acting Mayor Chessman made reference to a recent decision of the City of Kitchener refusing to supply computer tapes to the Federal Government for their use. He asked if the City of Niagara Falls had been approached in this regard- ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the matter be referred to Staff for investigation and a report. Carried Unanimously. VACATION - MAYOR THOMSON The Chief Administrative Officer referred to the recent publicity respecting an invitation from the Mayor of Lucerne, Switzerland, to His Worship Mayor Thomson and the concern of the press regarding the sponsors of the trip. The Chief Administrative Officer submitted a co~nmunication from Mayor Thomson with a full explanation respecting the matter. ORDERED on the motion of Alderman Puttick, seconded by Alderman Merrett, that the matter be deferred for discussion on the return of Mayor Thomson. Carried Unanimously. It was moved by Alderman Merrett, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ AND ADOP ACTING MAYOR CHARLES CHEESMAN FORTY-FOURTH MEETING Committee Room #1 December 5, 1983 Council met on Monday, December 5th, 1983 at 6:30 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Coville, and Somerville. Alderman Kerrio presided as Chairman. Following consideration of the items presented, the Committee of the Whole arose without reporting. READ AND~.ADePTED, '~ · BRE '~= ,'~~'~"'~'~'/~'ITY CL MAYOR WAYNE THOMSON Council Chambers December 5, 1983 Council met on Monday, December 5th, 1983 at 7:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Somerville. His Worship ~yor Thomson presided as Chairman. A one minute silence was observed in memory of the late Mrs. Joan Hennessy, and Dr. William Fingland. Alderman Puttick offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the minutes of the meeting held November 21st, 1983, were adopted as printed. Carried Unanimously. WELCOME His Worship Mayor Thomson welcomed Scout Leader Malcolm Robertson and the 1st Niagara Scout Troop, as well as Scout Leader Jim Tibbs and the 5th Niagara Scout Troop to the Council meeting. PRESENTATION POLICE CHIEF DONALD HARRIS - RETIREMENT His Worship Mayor Thomson presented a picture of the Falls, and City flag to Police Chief Donald Harris of the Niagara Regional Police Department who will retire on December 31st, 1983. Mayor Thomson r~,ferred to the distinguished career of Chief Harris, and expressed appreciation and best wishes on behalf of City Council 'and the community. HOSPITAL BED SHORTAGE - DR. MEL KRASS, G.N.G.H. Dr. Mel Krass submitted an oral and visual presentation respecting a serious and deteriorating situation with regard to hospital bed.~· He advised that the problem was due to a significant deficiency in Heavy Extended Care nursing home beds in the community. Dr. Krass further advised that the situation had been referred to the Ministry of Health by the G.N.G.H. Board of Directors and the Niagara Region District Health Council~ and that the problem had not been resolved. He presented statistical data to support the discussion. Mr. J.H. Garter, President and Chief Executive Officer of the G.N.G.H.~ and other interested hospital personnel were available for further information · A discussion followed concerning required facilities~ increasing older population, and possible funding. ORDERED on the motion of Alderman Keighsn~ seconded by Alderman Nin'sperger~ -2 - that Council endorse the urgent need as outlined and request the Provincial Member of Parliament to schedule a meeting with Honourable Keith Norton, Minister of Health as soon as possible, to submit the slide presentation and discuss the matter. Carried Unanimously. - AND~ Con~nunication No. 407 - Social Planning Council - Re: G.N.G.H. Heavy Extended Care Submission- The communication strongly endorses the need for increased care'beds; urges Council to support the submission; suggests a co-ordinated approach to the Ministry of Health; community support; and offers assistance in resolving the problem. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be received and filed~ and Social Planning,'be represented at the Ministry. Carried Unanimously. REPORT No. 622 - Chief Administrative Officer - Re: City owned property - Bucklay Avenue and Simcoe Street. The report recommends that the City agree in principle to make available the above .75 acre City owned site to the Stamford Kiwanis Club to use as a site for a proposed Private Non-Profit Project for senior citizens plus other special needs such as handicapped subject to a suitable agreement respecting price, development details and time frame. The Kiwanis Club was represented at the meeting by Mr. Berry Steinburg, Dr. F.P. Downie, P. Mather, and T. Mangoff. ORDERED on the motion of Alderman Keighan, seconded by Alderman Orr, that the report be received and adopted, and further, that a letter of congratulations be forwarded to the Stamford Kiwanis Glub. Carried Unanimously- UNFINISHED BUSINESS CUTTING OF TREES - WATERSLIDE PROPERTY, LUNDY'S LANE - AND - COMMUNICATION FROM THE REGIONAL MUNICIPALITY OF NIAGARA Communication No. 408 - The Regional Municipality of' Niagara - Re: Proposed Extension - Water Slide, Lundy'e Lane. The communication from the Regional Solicitor advises that the Regional tree by-law is not the proper vehicle to protect the interest of the residents in the B~mbi subdivision regarding this matter, and a decision had been made not to prosecute the owner since he had cooperated by not cutting trees after he was approached in this regard. It was further suggested that the City of Niagara Falls could, under the provision of the Planning Act, negotiate with the owner of the subject property to leave a specified buffer zone. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the communication be received and filed, 'and further, that a copy be forwarded to the concerned residents in the Bambi Subdivision- Carried~ Unanimously. BINGO OPERATION - AND - REPORT OF CHIEF' ADMINISTRATIVE OFFICER Report No. 623 - Chie~ Administrative Officer - Re: .Bingo Operation. The report recommends the following: 1) That effective January !, 1984, the owners.of the Golden Nugget, Roman Court and Diamond Bingo Halls be required to charge bingo organizations a flat rental rate per night. for the use of the hallJ and that the licensed organizations arrange for their own supplies~ advertising, etc. 2) That effective January 1, 1984~ licence fees be based on the estimated amount of prizes shown on the application form and that the issuance of refunds be discontinued- . 3) That the Lottery Licensing Officer be authorized to suspend a bingo licence for a two week period when continuous infractions of the rules occur and that continuous major infractions be brought to the attention of Council. 4) That Miss Barbara G. Scott be appointed Lottery Licensing Officer as of January 1, 1984j to replace the City Clerk~ who has held the position ' for the past 13 years. Alderman Chmmings declared a conflict of interest as a member of an association which may be affected by this matter. 'Alderman Hineperger declared · conflict of interest as a member of an organization which runs bingo operations. ' -3 - Mr. Paul Heath, representing the Kinsmen Club, discussed the recommendations in the report. He suggested that a fair procedure would be a rental rate to dependent upon total attendance and season of the year. He expressed the view that specific guidelines with respect to adequate notice of suspension of a licence, opportunity for explanations and defence, should be set forth, and discussed the licence fee. Mr. Heath expressed agreement with recommendation number 4. Mr. Bruce Huff, representing the Golden Nugget, requested a deferrment of a decision in the matter, in order to provide an opportunity to discuss the matter further with the Clerk and Deputy Clerk. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Keighan, that the matter be deferred for two weeks. It was further recommended that the City Clerk and Deputy Clerk meet with interested persons, including members of the Gambling/Gaming Monitoring Committee, for additional information. The motion Carried with Aldermen Cummings and Hinsperger abstaining from the vote on conflicts of interest previously recorded, and all others voting in favour. COMMUNICATIONS No. 409 - City of Windsor - Re: Public Sector Prices and Compensation Review Act, 1983. The communication requests that Council endorse a Resolution to the Treasurer of Ontario protesting the provisions contained in the Public Sector Prices and Compensation Review Act, 1983, as a transfer of responsibility without responsibility to MuDicipalities for controlling inflation and protest- ing the announced 5% grant ceiling, and the Treasurer be requested to delay a second reading of the Bill pending receipt of a brief from A.M.O. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman that the matter be referred to the Chief Administrative Officer and Personnel Director.for comments for a report prior to a decision. Carried UnanimouslF. No. 410 - The Cookstown Business Guild - Re: Commercial Development Report. The communication advises of a commercial development report prepared in connection with the Village of Cookstown, and solicits $75.00 for a copy of the report. ORDERED on the motion ~f Alderman 0rr, seconded by Alderman Merrett, that the communication be received and filed. Carried Unanimously. - No. 411 - Ministry of Community and Social Services - Re: Cityof Stratford Resolution regarding Cost Sharing of General Welfare Assistance. The communication discusses the social services, and increased subsidies to- municipalities with a high percentage of a population on welfare funded by the Province, and suggests that the real issue is the dif.ference in the structure of property tax as opposed to income taxes. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the communication be received and filed, and further, that a copy be forwarded to the Social Planning Council. Carried Unanimously. No. 412 - Ontario Provincial Police - Re: 9th Annual International Police Brotherhood Night - April 25, 1984. That the Annual International Police BrotherhOod Night will beheld at the Optimist Hall, 4751 Dorchester Road. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 413 - Treasurer of Ontario & Minister of Economics - Re: Statement to the Legislature on Public Sector Wage & Price Restraint. The communication includesinformation with regard to wage and price restraint, and suggests that responsibility for restraint must rest with public sector employers~ employees and those who determine administered prices~ and monitored by Covertanent. It further suggests that the fight against inflation requires the commitment of employers and employees in both public and private sectors. ORDERED on the motion of Alderm~n Cummings, seconded by Alderman Hlnsperger, that the commnnication be received and filed. Carried Unanimously- No. 414 - Minterr of Municipal Affairs & Housing - Re: The Ontario Home Renewal Program ~OHRP). The communication advises that O.H.R.P. is slill Operating although no new provincial funds were available in 1983/84.. -4- ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the communication be received and filed. Carried Unanimously. No. 415 - The Regional Municipality of Niagara - Re: Water & Sewage Flows. The communication attaches information concerning the Water/Sewage Flows by Municipality - Monthly Report for October 1983. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. No. 416 - The Regional Municipality of Niagara - Re: "Niagara Seasons"- The communication attaches a copy of the 1984 edition of "Niagara Seasons" and solicits a donation'oilS100.00 to_offset costs o~ printing the issue- ORDERED on the motion of ~lderman Keighan, seconded by Alderman Orr, that the communication be received and the request approved. Carried Unanimously. No. 417 - Local Council of Women - Re: 1983 Christmas Basket Exchange- The communication requests the cooperation of the City in providing and distributing Christmas Baskets. Mayor Thomson advised that information had been received from Mrs. Delilah McRae, Chairman of the Committee, that it was expected that there would be an increased need for the service this year, and suggested setting aside a fund to be used if necessary- ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that a sum to the upper limit of $1,000.00 be set aside and used for Christmas Baskets by the Chief Administrative Officer~ if needed. 'Carried Unanimously- No. 418 - Niagara Falls Business & Industrial Growth Agency Inc. (B.I.G.) - Re: N.F. Community Profile, and "Niagara Falls - Your Gateway to Industrial Growth" brochure. The communication attaches copies of the subject material for City Council, and copy of a recent news item regarding honourable mention of the local agency in a Canada wide competition- ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be received and filed. Carried Unanimously. No. 419 - Niagara Falls Hydro - Re: Festival of Lights. The communication advises that the Power Corporation Act prevents a local hydro commission from giving special rates to anyone, and wishes success to the Festival of Lights. ORDERED on the motion of Alderman Kerrto, seconded'by Alderman Keighan~ that the communication be received and filed.' Carried Unanimously- No. 420 - Minister of Municipal Affairs & Rousing - Re: Bicentennial activities- The communication encloses a flag incorporating the Bicentennial symbol, refers to municipalities participating in the Community Grants Frogram, and attaches information concerning the organization of a levee. ORDERED on the motion of Alderman Janvary~ secondedby Alderma~ Baker, that the communication be received and filed. Carried Unanimously. No. 421 - Ontario Waste Management Corporation (OWMC) - Re: Blueprint for Waste Management. The communication attaches a copy of the response to the Blueprint for Waste Management in Ontario. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings~ that the communication be received and filed. Carried Unanimously. - No. 422 - Regional Municipality of Niagara - Re: Resolution concerning Great Cold Turkey Challenge. The communication requests that Council approve a Resolution to endorse a Non-Smoking Campaign for the month of January 1984. ORDERED on the motion of Alderman Kerrio~ seconded by Alderman Cummings, that the communication be received and the resolution approved. It was further recommended that the matter be referred to Staff to coordinate activities. The motion Carried with the .following vote: ,Aldermen Baker, Chessman, Coyills, Cummings, Hinsperger~ Janvary, Keighan~ Kerrto, Merrett~ and Puttick. NAYE: Alderman Oft. No. 423(a) - Gioco Binder Systems Ltd. - Re: Market Value Assessment~ The communication expresses opposition to Market Value Assessment. - AND- No. 423.'(b) - Can-En~ - Re: Market Value Assessment. The communication opposes re-assessment on the basis of previous'appeals to obtain equitable tax asaeasment~ the experience of other cities with respect to re-assessment -5 - and the activities resulting from new inequities imposed by re-assessment. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that the communications be received and fitedf and a copy forwarded to Mr. T. Wilkes, Assessment Connnissioner. It was further recommended that ' a copy of the Resolution of the City of Niagara Falls concerning re-assessment be forwarded with an explanation, to Gioca Binder Systems Ltd. and Can-Eng. Carried Unanimously. REPORTS No. 624 - Chief Administrative Officer - Re: 1983 Capital Budget Projects. The report recommends that the remaining 1983 Capital Budget by-laws appearing on tonight's agenda be passed by Council. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-laws No. 83-257, No. 83-258, and No. 83-263. No. 625 - Chief Administrative Officer - Re: Contract F.C. 27-83 - Supply & Erection of Fences and Backstops. The report recommends the following: 1) That the unit prices submitted by Lundy Steel Division/Ivaco Inc. for Peninsula Fence & Landscaping Inc., be accepted; and 2) That City 'forces erect the 'necessary warning signs as shown on the attached sketch at each end of the pedestrian walkways. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Kerrio, that the ~eport be received and adopted. Carried Unanimously. See Resolution No. 140. See By-law No. 83-260. No. 626 - Chief Administrative Officer - Re: Parking on Culp Street. The report recommends that parking be prohibited for 10 feet on either side of the driveway to 6128 Culp Street. ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that the report be received and 'adopted. Carried Unanimously. - AND - Communication No. 390(a)Robert A. Owens - Re: Parking on Culp Street. The communication outlines problems in connection with parking on Culp Street. - AND - Communication No. 390(b) - W.A.H. Lows - Re: Restricted Parking Culp Street. The communication outlines the parking difficulties on Culp Street and requests restriction and enforcement of parking. - AND - Communication No. 390(c) - Y.W.C.A. of Niagara Falls - Re: Parking on Culp St=set. The con]munication ask_s~that~the .r~quest of Rober, t'A..Owens--~o eliminate the five parking spaces in front of his property be denied. ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker~ that .the communications be received and filed. Carried Unanimously. No. 627 'i Chief Administrative Officer - Re: Construction of Sanitary Lateral at 6824 Thorold Stone Road - Residence of Mr. J. Brugman. The report recommends that the information contained therein be received and filed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Kerrio, 'that the report be received and filed. Carried Unanimously. No. 628 - Chief Administrative Officer - Re: Portage Professional Building Limited - Office Condominium Subdivision Application~ File No. 26CDM-83001. The report recommends the following: 1) That the questionnaire received from the Ministry of Municipal Affairs and Housing in respect to/the Portage Professional Building Limited - Office Condominium Subdivision, be completed and returned along with an accompany- ing le. tter setting out the conditions to be imposed and a copy of the Plan showing those revisions or modifications required; and 2) That payment towards the cost of, municipal services not be required as a condition of approval. -6 - Mr. John Broderick, Solicitor, representing the owner of the building, indicated approval of the recommendations. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted- Carried Unanimously- No. 629 - R~crea~ion Commission - Re: Great Canadian Pa~ticipaction Challenge - 1984. The report recommends that the Commission recommend to Council that the City of Niagara Falls not participate in the Great Canadian participaction Challenge Dc~t year. ORDERED on the motion of Alderman Cummings, seconded by Alderman Keighan, that the report be received and adopted. Carried Unanimously- No. 630 - Chief Administrative Officer - Re: Computer Tapes. The report recommends that the information contained therein be received and filed. ORDERED on the motion of Alderman Keighan, seconded by Alderman Cummings, that the report be received and filed. It was further recommended that Council be advised if a request is received for computer tapes. Carried Unanimously- No. 631 - Chief Administrative Officer - Re: Rating By-law for Debenture Charges· The report recommends that Council pass the by-law appearing on this evening's agenda that will provide for the levying of rates to pay the principal and interest charges on the $645,000 debenture issue dated July 15, 1983. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 83-262. No. 632 - Chief Administrative Officer - Re: Robert.Leiden Tent Services. The report recommends that the information contained therein be received and filed. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and filed. Carried Unanimously. No. 633 - Chief Administrative Officer - Re: Municipal Accounts. The report r~commends payment of the accounts in the aggregate amount of $6,106,982.75 for the two week period ending December 5th, 1983. Alderman Cummings declared a conflict of interest regarding Cheque No. 21477 since a member of the family is employed as a crossing guard. Alderman Chessman declared a conflict of interest with respect to Cheque No. 21613 by reason of a member of the family being emplpyed with the organization~ and Cheque No. 21672 since he is employed by the Board. Alderman Hinsperger declared a conflict of interest on Cheque No. 21468 and No. 21619 by reason of employment with the company. Alderman Keighan declared a conflict of interest-on Cheque No. 21664~ being associated with the company. Additional information was provided for Cheques No. 21478, 21485, 21521, 21606, 21651, 21671, 21680, and 21697. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Chessman, that the report be received and adopted. The motioo Carried with Aldermen Cummings, Chessman, Hinsperger, and Keighan abstaining from the vote on conflicts of interest previously recorded, and all others voting in favour. No. 634 - Chief Administrative Officer - Re: AM-3/83, Reese's Inn Ltd.~ 3799 Montrose Road. ~e report recommends that Council pass the by-law on tonight's agenda to authorize an agreement with Ursula Reese, Charles Richard Reese and Reeee's Inn Ltd. ORDERED on the motion of Alderman Merrett~ seconded by Alderman Cummings that the report be received and adopted· Carried Unanimously. See By-law No. 83-259. ~ 7- No. 635 - Chief Administrative Officer - Re: Schedule of Council Meetings - Holiday Season. The report recommends that the following schedule of Council meetings be approved for the Holiday Season: Monday, December 12, 1983 - 7:00 p.m. (Planning Matters) Monday, December 19, 1983 - 5:30 p.m. (Regular Meeting) Monday, January 9th, 1983 - 7:30 p.m. (Planning - Regular Meeting) ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the repor-t be received and adopted. Carried Unanimously. No. 636 - City Clerk - Re: ,~-13/83 - Restricted Area By-law No. 83-179 Birchcliffs Nursing Home - Lundy's Lane. The report recommends that the date of the Ontario Municipal Board Hearing respecting the above By-law be noted and that ~his report be received and filed. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. No. 637 - Chief Administrative Officer - Re: Bill 119, an Act to Amend certain Acts respecting Regional Municipalities. The report reco~nends that the information contained in this report be noted and that it be received and filed. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that the report be received and filed. Carried Unanimously. No. 638 - Chief Administrative Officer - Re: Proposed Closing and Sale of Walkway 13 (5) between Green Boughs Road and Woodgate Street. The report recommends that Council take the following action with respect to the proposed closing of the public walkway between Green Boughs Road and Woodgate Street. 1) 'Pass the by-law appearing on tonight's agenda to authorize an agreement with the abutting owners respecting the sale of parts of the walkway, when closed. 2) Pass the by-law to assume that part of the walkway within Registered Plan M-29. 3) Pass the by-law to authorize an application for an order closing that part of the walkway within Registered Plan 59M-97. 4). Authorize the City Solicitor to proceed with the publication in the Niagara Falls Review of the required notice of a by-law to authorize the closing and sale of that part of the walkway within Registered Plan M-29. 5) Authorize the City Solicitor to instruct Matthews & Cameron Ltd., Ontario Land Surveyors, to undertake the preparation and deposit of a reference plan in the Land Registry Office showing the walkway divided into four parts. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with the following vote: AYE: Aldermen Baker, Chessman, Coyills, Cummings, Hinsperger, Keighan, Kerrio, Merrett, Orr, and Puttick. NAYE: Alderman Janvary. See By-laws No. 83-264, No. 83-265, and No. 83-266. No. 639 - Chief Administrative .Officer - Re: Expropriation of 4187 Queen Street. The report recommends that the information contained therein be received and filed for the information of Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr~ that the report be received and filed. Carried Unanimously.. No. 640 - Civic Committee - Re: Naming of Park in Mount Forest Subdivision. The report recommends that the property designated as parkland in the Mount Forest Subdivision be tentatively named "Mount Forest Park" and that the name be confirmed in one montb. ORDERED on the motion of Alderman Keighan, seconded by Alderman Baker~ that the report be received and adopted. Carried Unanimously. No. 641 - Civic' Gommittee- Re: Bicentennial Committee requests- The report advises that the Niagara Falls Bicentennial Committee has budgetted the expected Provincial grant to cover all our expenses at this time. However, there are some activities which could be done by City forces. Rather than request a grant similar .to that given the 75th Anniversary Committee~ the Committee asks consideration of the requests outlined in the report. -8 - His Worship Mayor Thomson referred to a letter which had been received from Stamford Presbyterian Church regarding the 200th Anniversary of the founding of the Church in 1984, to be considered at the next meeting of Council. Alderman Chessman commended Alderman Janvary and the Civic Committee for keeping within the funds provided by the Provincial grant. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, that the matter be referred to the Finance Committee to be considered further during discussions of the 1984 Budget. Carried Unanimously. No. 642 - Chief Administrative Officer - Re: Council Appointee to Niagara Parks Commission. The report recommends that City Council decide if it wishes to reappoint Alderman Brian Merrett, the present representative, to the Niagara Parks Commission, or appoint a new Council representative to serve from December lst~ 1983, to November 30th, 1984. Alderman Merrett declared a conflict of interest sinc~ he was the Council representative involved. ORDERED on the m6tion of Alderman Orr~ seconded by Alderman Hinsperger, that the report be received and adopted. The motion Carried with Alderman ~rrett abstsining from the vote on a conflict of in{erest previously recorded~ and the ~ollowing vote: AYE: Aldermen Baker~ Chessman, Coyills, Cummings, Hinsperger, Janvary~ and Orr. NAYE: Aldermen Keighan, Kerrio, and Puttick. No. 643 - ~yor Wayne Thomson - Re: Regional sign - Clifton Hill & Victoria Avenue. The report recommends that Council endorse a resolution to the Regional Municipality of Niagara requesting that the location of the Regional sign at the corner of Clifton Hill and Victoria Avenue be investigated with City staff as soon as possible so that it can be relocated. ORDERED on the motion of Alderman Chessman, seconded by Alderman Orr~ that the report be received and adopted. Carried Unanimously. RESOLUTIONS No. 140 - HINSPERGER - KERRIO - RESOLVED that the unit prices submitted by Lundy Steel Division/Ivaco Inc. for Peninsula Fence & Landscaping Inc~ for Contract F.C. 27-83, Supply and Erection of Fences and Backstops, be accepted at the low tendered amount of $31,759.00; AND the Seal of the Corporation be hereto affixed. ~ Carried Unanimously. No. 141 - ORR - COVILLE - RESOLVED that a message of condolence be extended to the family of the late Joan Hennessy, a respected member of the community, who passed away on Tuesday, November 29th, 1983, as the result of a traffic accident. Joan is the daughter of Alderman and Mrs. Thomas G. Somerville; AND the Seal of the Corporation be hereto affixed. Carried Unanimously- No. 142 - J~]VARY - CUMMINGS - RESOLVED that a message of condolence be extended to the family of the late Reverend Doctor William Fingland~ an honoured and respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. No. 143 - KEIGHAN - ORR - RESOLVED that a message of condolence be extended to the family of the late Mr. William Herchmer, a respected member of the community; AND the Seal of the Corporation be hereto affixed. Carried Unanimously. -9 - BY-LAWS ORDERED on the motion of Alderman Cummings seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws and the by-laws be read a first and second time: No. 83-257 - A by-law to authorize the road rehabilitation of Caledonia Street from Dunn Street to Dorchester Road. No. 83-258 - A by-law to authorize the reconstruction of Buchanan Avenue from Ferry Street to Murray Street. Carried Unanimously. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that leave be granted to introduce the following by-laws and the by-laws be read a first time: No. 83-259 - A by-law to authorize an agreement with Ursula Reese, Charles Richard Reese and Reese's Inn Ltd. No. 83-260 - A by-law to authorize the execution of an agreement with Ivaco inc. for fences and backstops. No. 83-261 - A by-law to authorize an application for the closing under the Registry Act and the sale to Ontario Hydro of the lanes on Registered Plan No. 12 for the former Village, now City of Niagara Falls. No. 83-262 - A by-law to provide for the levy of rates to pay the principal and interest on debentures of The Regional Municipality of Niagara and the principal a~ount of $645,000.00 issued for the purposes of The Corporation of the City of Niagara Falls. No. 83-263 - A by-law to authorize the installation of storm sewermains as an improvement and extension of the sewage system in the Urban Service Areas of the City. No. 83-264 - A by-law to authorize an agreement with the owners of land abutting the public walkway between Green Boughs Road and Woodgate Street. No. 83-275 - A by-law to authorize an application for an order closing a walkway in Registered Plan 59M-97. No. 83-266 - A by-law to assume a public walkway in Registered Plan M-29. No. 83-267 - A by-law respecting a 4-inch diameter sanitary sewer connection on Thorold Stone Road. .No. 83-268 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings, Cheesman, Hinsperger, and Keighan abstaining from'the vote on By-law No. 83-268, on conflicts of interest previously recorded in Report No. 633; Alderman Janvary voting contrary on By-laws No. 83-264, 83-265, and 83-266; and all others voting in favour. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the following by-laws be now read a second and third time: No. 83-259 - A by-law to authorize an agreement with Ursula Reese, Charles Richard Reese and Reese's Inn Ltd. No. 83-260 - A by-law to authorize the execution of an agreement with Ivaco Inc. for fences and backstops. No. 83-261 - A by-law to authorize an application for the closing under the Registry Act and the sale to Ontario Hydro of the lanes on Registered Plan No. 12 for the former Village~ now City of Niagara Falls. - 10 - No. 83-262 - A by-law to provide for the levy of rates to pay the principal and interest on debentures of The Regional Municipality of Niagara and the principal amount of $645,000.00 issued for the'purposes of The Corporation of the City of Niagara Falls. No. 83-263 - A by-law to authorize the installation of storm sewermains as an improvement and extension of the sewage system in the UrbaB Service Areas of the City. No. 83-264 - A by-law to authorize an agreement with the owners of land abutting the public walkway between Green Boughs Road and Woodgate Street. No. 83-265 - A by-law to authorize an application for an order closing a walkway in Registered Plan 59M-97. No. 83-266 - A by-law to assume a public walkway in Registered Plan M-29. No. 83-267 - A by-law respecting a 4-inch diameter sanitary sewer connection on Thorold Stone Road. No, 83-268 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings, Chessman, Hinsperger, and Keighan abstaining from the vote on By-law No. 83-268 as previously recorded; Alderman Janvary voting contrary on By-lawS No.-83-264, 83-265, and 83-266; and all others voting in favour. NEW BUSINESS IMPROVEMENTS AT KER PARK Alderman Cummings referred to a memorandum which he had received from the Super intendant of Parks'and Cemeteries with regard to improvements to the ball diamond at Ker Park. He requested that a copy of the information be forwarded to the Boys Minor Softball Association and to the Ladies Auxilliary. JUNIOR "A" FRANCHISE Alderman Cnmmings provided an update report on the Junior "A" Franchise, which will not now be coming to Niagara Falls at the present time, since Mr. Sam McMaster had found it necessary to make a "quick decision"-and chose to remain in Sault Ste. Marie. CIVIC CO~4ITTEE - UPDATE REPORT Alderman Janvary discussed the copy of the 3rd Annual "Class Year Book" of the English as a Second Language Parent and Preschool Programme prepared by Mrs. Judy Wade and her class. ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that a letter of appreciation be forwarded to b~e. Judy Wade and those who assisted in preparation of the Year Book. Carried Unanimously. ~ 11 - in April, 1983, during a visit to Niagara Falls of the Mayor of Lucerne, Switzerland, and other dignitaries, when an invitation had been extended for the possible forthcoming marriage of Mayor Thomson to be performed in Lucerne as a promotional venture. He stated that subsequent contacts with his office had been made through his secretary, and that he had not dealt directly with the principals involved in the details. Mayor Thomson further advised that he had received a message late in October that the proposed trip had been cancelled. Mayor Thomson farther stated that he had received a message through his secretary to consider November 20th as a date of departure for Switzerland. However, detailed information concerning the trip had not been received until the final week and, therefore, he had no opportunity to relay the information to Council. He had no information regarding the change of plans, i.e., that York-Hannover was paying for the part of the trip until he received a call from the Review on Friday afternoon, November 18th. Mayor Thomson discussed his decision to cancel the trip to Lucerne in order not to become involved in a situation which could embarrass Council or York-Hannover. He made arrangements to go to Florida and had departed for that area on November 19th, 1983. He then indicated he was prepared to answer any questions Council may bare on the matter. Alderman Orr requested information regarding the person making contacts with Mayor Thomaon's office. She asked if it had been the same person. Mayor Thomson replied that 99% of the time it was. He advised that the request hadzcome through Mr. Baur. It was moved .by Alderman Cummings, seconded by Alderman Orr, that the meeting adjourn. Carried Unanimously. READ ANLADOPsI~D, MAYOR WAYNE THOMSON ,! Alderman Janvary informed Council of the Art Show which had taken place at the Recreation Building on Sunday afternoon, December 4th, 1983. She advised that the painting by Mr. Evald Timusk which had been chosen as.the winning painting~ would be hung at the new Regional office. Alderman Janvary advised that Regional Councillor William Smeaton ~ang at the Misty Award night. MR. J.A. MONTGOMERY Alderman Cummings advised that he had artended a dinner of the B.I.G. and Chamber of Commerce, and Roast~ in honour of Mr. J.A. Montgomery. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that a letter of app~e~iation be forwarded to Mr. Montgomery. Carried Unanimously. VACATION OF MAYOR THOMSON His Worship Mayor Thomson referred to a communication which had been deferred until his return from vacation. He reviewed the circumstances and events prior to his vacation, and referred to media coverage regarding this matter..Mayor Thomson advised that the initial ~ontact had been made FORTY-FIFTH MEETING Committee Room #! December 12, 1983 Council met on Monday, December 12th, 1983 at 6:30 p.m. in Committee of the Whole. All members of Council were present with the exception of Aldermen Keighan, and Kerrio. Alderman Coville presided as Chairman. Following consideration of the arose without reporting. the Committee of the Whore ~ . ./~-'~.?-~'/~---~/-..~.-. . ~ENNAN, "~ITY CLERK MAIOR WAYNE THOi'ISObl PLANN ETING Council Chambers December 12, 1983 Council met on Monday, December 12th, 1983 at 7:00 p.m. for the purpose of considering planning and general business. All members of Council were present with the exception of Alderman Keighan. His Worship Mayor Thomson presided as Chairman. Alderman Coyills offered the Opening Prayer. ALDERMAN KEIGHA~ IN G.N.G.H. The Chief Administrative Officer advised that Alderman Keighan had been admitted to the Greater Niagara General Hospital for observation. ORDERED on the motion of Alderman Merrett, seconded by Alderman Orr, that a letter be forwarded to Alderman Keighan expressing the concern and best wishes of Council. Carried Unanimously. ADOPTION OF MINUTES Alderman Janvary requested that the minutes of December 5th, 1983 be amended to read, under New Business, that Regional Councillor William Smeaton had sung at the Misty Awards Dinner. Alderman Puttick requested that the question asked by Alderman Orr of Mayor Thomson regarding his cancelled trip to Switzerland be included in the minutes of December 5th, 1983. ORDERED on the motion of AldeIman Cummings, seconded by Alderman Hinsperger~ that the amended minutes of December 5th, 1983, be adopted, Carried Unanimously. REPORTS - PLANNING MATTERS No. 644 - (PD/91/83) - Chief Administrative Officer - Re: AM-16/83 - Zoning Amendment application - Greater Niagara Medical Arts Limited, Applicant. She report recommends that the application be approved and that the staff prepare an amending by-law together with a by-law placing the site unde~ Site Plan Control. The amending by-law should be limited to a change in zoning to Institutional only for the lot in question and should limit the use of the land for parking with the existing dwelling as an office for a medical or dental practitioner. It should further provide for a landscdped front yard actback from Binmonte Parkway equal to the setback of the existing dwelling. The City Clerk advised that tile proposed zoning amendment would: I ) Change the current zoning of Lot 22, Plan 84, from R.I.C. Zone (Residential single family density zone) to an Institutional Zone (I); 2) Place a restriction on the use of the existing house for a physicians or dental office; 3) Permit parking at the rear of the lot in conjunction with the parking lot for ~he Medical Clinic to the west; 4) Include a proviso to allow the proposal on a 50' lot; 5) Require a landscaped front yard equivalent to the present dwelling ~etback. -2- The City Clerk advised that notice of this meeting had been forwarded by mail to all owners on November 30th, 1983. Mayor Thomson advised that any person wishing to receive further notice of the passing of the zoning by-law amendment should leave names =and. addresses with the Clerk prior to leaving the meeting. The Planning Director referred to a posted sketch outlining the subject area. He advised that the proposal involves an amendment to the current zoning of 6117 Binmonte Parkway from single family residential to an institutional zone with several special zoning considerations and to permit offices for dental and medical practitioners to be added to the institutional zone, and to be established in the existing dwelling. The Planning Director explained the parking provision at the rear of the dwelling with access from a parking lot immediately to the west, and the uses of the lot to be related to the existing Medical Arts Building to the west. He further explained the special provisions to be included within the amending by-law regarding the addition of the site, which are to be very specific to this site. , A discussion followed with regard to the present parking arrangements of the staff for the building, and the parking problems on the street in the area. Mr. Harry Brown, 6107 Binmonte Parkway, stated that he was not opposed to re-zoning hut.was concerned about the parking problems and suggested eliminating fees in the parking lot, or eliminating parking on the street. Mr. Peter Wassill, 6128 Binmonte Parkway, advised that he was in favour of ~he amendment, subject to a provision for parking control. His Worship Mayor Thomson received no response to a request for comments from persons opposed to the by-law. Mr. A. F. Sheppard, Solicitor, represented the Applicant at the meeting. He stated that he had been unaware of the parking. problems on the street, and suggested that this might be a traffic problem. Alderman Merrett advised that the parking situation had been discussed by the Parking and Traffic Committee as two sets of problems. He suggested the possibility of removing the gates from the parking lot. However, he advised that the parking problem on the street might be resolved by prohibiting parking through the day on the street- ORDERED on the motion of Alderman Orr, seconded by Alderman Puttick, that the matter be tabled and referred to the Parking and Traffic Committee for a meeting with residents in the area, and a report back to Council on a resolution to the traffic problems. Carried Unanimously. No. 645 - (PD/92/83) - Chief Administrative Officer - Re: AM-17/83 Zoning amendment application and Official Plan Amendment No. 144 - Applicant, Ontario Hydro - South side of Hydro Road between the Niagara River Parkway and Portage Road. The report recommends that the application be recommended for approval and that the Official Plan amendment and zoning by-law amendment which has been prepared also be considered by Council for approval. - AND - Communication No. 424 - Ontario Hydro - Re: Proposed Official Plan Amendment and Zoning Amendment Application- The communication requests that the . applications be withdrawn from the agenda for tonight and rescheduled; that the public advertisement of the wording of the captioned Official Plan Amendment be changed slightly as indicated in the letter; and that the Solicitor for. the Ontario Hydro be given an opportunity to submit a proposed site plan for ' consideration at the rescheduled time. The City Clerk requested that the Application and By-laws No. 83-269, and No. 83-270, be withdrawn from the Agenda as requested. ORDERED on the motion of Alderman HinspergerJ seconded by Alderman Janvary, that the application and by-laws be withdrawn as requested. Carried Unanimously. - 3 - No. 646 - (PD/94/83) - Chief Administrative Officer - Re: Commercial Area Improvement Program. The report recommends the following: 1) That Council consider carefully the merit of becoming involved in the new Provincial Commercial Area Improvement Programme and give necessary direction to staff. 2) That if Council desires to participate in the new Programme, staff be authorized to proceed with steps outlined in Part B of the report, including the initiation of a meeting with the Downtown Board of Management in order to prepare an appropriate application for C.A.I.P. funding. 3) That a detailed schedule of work assignments and meeting dates be prepared for Council's endorsation at its meeting of December 19, 1983. Following a brief discussion regarding the information contained in the report, it was moved by Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 647 - Chief Administrative Officer - Re: AM-15/83, Group 2 Development Ltd. - Monroe Extension No. 1. The report recommends that Council give consideration to approval of the application of Group 2 Development Ltd. subject to the conditions enumerated in the November 14th, 1983 report, and those outlined at the end of this report. - AND - Communication No. 425 - Group 2 Development Limited - Re: Monroe Subdivision Extension No. 1 - request to Amend By-law 79-200, and Subdivision Agreement. The communication advises that a decision has been made to withdraw the application, and proceed with the development in accordance with the terms of By-law 79-200, and the Subdivision Agreement. ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report and communication be received and the-application withdrawn. Carried Unanimously. REGULAR MEETING UNFINISHED BUSINESS REGULATIONS FOR BARBERS, HAIRDRESSERS & HAIRSTYLISTS - AND - REPORT OF CHIEF ADMINISTRATIVE OFFICER Report No. 600 - Chief Administrative Officer - Re: Regulations for Barbers, Hairdressers and Hairstylists. The report recommends that Council consider one o~ the following alternatives respecting submissions made by the Niagara Falls Barbers Association: 1) That the situation remain as it is at present and no consideration be given to further legislation to regulating hours of hairdressers and hairstylists. 2) That By-law Numbers 75-53 and 75-54 to provide for early closing and Monday closing for barber shops be repealed if requested by the Niagara Falls Barbers Association. 3) That by-laws similar to those in effect for barber shops be passed to regulate the hours of hairdresser shops and hairstylist shops, if requested by a large majority of those persons affected. Mr. Carmen Maccarone, Niagara Falls Barbers Association, was granted permission to address Council on the motion of Alderman Orr, seconded by Alderman Cummings. He submitted a petition signed by 83 barbers, hairdressers and hairstylists in the City of Niagara Falls, which requests an amendment to By-law numbers 75-53 and 75-54 providing for specific hours of operation, and closing, to be applicable to barbers, hairdressers, and hairstylists. Mr. Maccarone reviewed specific details concerning the petition, i.e., number of owners, employees, and percentage of signatures for each class. It was established that there are 67 hairdressing and hairstylist shops, and 39 barber shops in the City. Mr. Maccarone stated that he had contacted .40 of the 67 shops,, and these had been in agreement with the amendment. Mr. Brian. Sinclair, Solicitor, was granted permission to address Council on the motion of Alderman Cummings, seconded by Alderman Hinsperger. Fir. Sinclair represented the Golden Razor of Niagara Square, which had opened in the City in 1977 as a hairdresser and hairstylist salon with a 10 year .lease at Niagara Square. Mr. Sinclair discussed the number of employees, revenueJ -4 - and advised that a loss of $52,000 per year was anticipated if the amendment by the Barbers' Association was approved. He referred to loss of livelihood and employment, and expressed the opinion that "it is wrong to restrict the hours" and against the "Charter of Rights"- Mr. Sinclair further advised that the Golden Razor was opposed to any change in the by-law. Mr. Anthony Diodati, of the Uppercut Hairstyling Centre, stated that there were about 5 major establishments which would be affected. However, he suggested that the loss to the smaller shops, collectively, "is more substantial by not being able to compete"- He spoke for the owners of shops in "remote areas and no business" and suggested that the proposed amendment would ensure competition for all concerned. Mr. Diodati referred to the many small shops which had paid taxes for a number of years, as well as the relatively new small shops in competition with the few larger establishments, and advised that he was in ~avour of the amendment~ Mr. David Gibbons, Of Magic Cuts at the Thorold Stone Mall suggested that the figures presented to Council were "misleading"- He stated that he was in agreement with Mr. Pat Moran of the Golden Razor in opposing the amendment to the by-laws. ~. Gibbons further stated that he had applied for a business licence in October 1983, at which time he had not been advised of restrictions regarding hours of business. He was concerned with the possible restriction on hours of operation which could "drastically affect" his business- Mr. Pat Moran, of the Golden Razor, referred to the free enterprise system and service to the public, and voiced objection to the restriction of hours. Mr. 3im Tucker from Toronto, representing Superclips on Lundy's Lane, advised that this was one of 100 shops in Canada, and 1200 employees working similar hours. He stated that in United States the shops were open on Sunday. Mr. Tucker expressed opposition to the amendment to the by-law restricting hours. Alderman Vince Kerrio entered the meeting. Mr. Tucker discussed by-laws covering hours of closing in other centrag. He stated further that restriction of hours is "restriction of trade - a conspiracy", and expressed the opinion that the survey on the petition was not reliable. He suggested that a survey of the citizens of the City would be more accurate. Mr. Tucker referred to the need for fast food and East service outlets in tourist cities where a substantial income and reputation is built on service for people. In reply to questions raised Mr. Tucker informed Council of the wage and fringe benefits received by emp}oyees of Superclips. Mr. Nick Mazzone of Nicholas Coiffure advised that he had been operating an establishment in the City for 20 years, that he was in agreement with the proposed amendment, and expressed empathy with the small business men. He urged Council to base a decision on the best interest of the City. A discussion followed regarding the number of shops in fayour of the amendment, the request for control of competition through regulation of hours~ restriction of trade, change and transition of services, the '~isintegration" of small businesses, the expression of opinions in petitfoBs, rights of individuals~ and definitions of the service. ORDERED on the motion of Alderman Cummings, seconded by Alderman Puttick, that by-laws similar to those in effect for barber shops be passed to regulate.the hours of hairdresser shops and hairstylist shops. The motion was Defeated on the following vote: AYE: Aldermen ~mmings, Puttick, and Kerrio.' = NAYE: Aldermen Baker, Cheesman~ Coville~ HinspergerJ 3anvary~ Merrett, 0rrj and 8omsrville. ORDERED on the motion of Alderman Puttickj seconded by Alderman Kerrio~ that the matter be' tabled and a new Committee directed to survey the balance of the shops. The motion was Defeated on the following vote: AYE: Aldermen Cummings, Coyills, Janvaryj Kerrio~ and Puttick. NAYE: Aldermen Beker~ Chessman, Minsperger~ Merrett~ 0rr~ and Somerville. -5 - ORDERED on the motion of Alderman Orr, seconded by Alderman Somerville, that the situation remain as it is at present, and no consideration be given to further legislation to regulating hours of hairdPessers and hairstylists. The motion Carried on the following vote: AYE: Aldermen Baker, Chessman, Coville, Hinsperger, Merrett, Orr, and Somerville. NAYE: Aldermen Cummings, 3anvary, Kerrio, and Puttick. COMMUNICATIONS No. 426 - Stamford Presbyterian Church - Re: 200th Anniversary of the Church in 1984. The communication attaches a copy of the commemorative booklet and a program of events planned for 1984, and discusses proposed additional activities. Alderman Janvary advised of the change in wording on the commemorative monument. ORDERED on the motion of Alderman Cheesman, seconded by Alderman Puttick, that the communication be received, and that Council authorize staff to assist with the placing.of the monument, and Niagara Falls Hydro be asked for permission to ~ttach one end of a banner to a hydro pole. Carried Unanimously. No. 427 - Canadian Transport Commission - Re: Regulations concerning the transportation of dangerous goods. The communication discusses the regulations relating to the movement of placarded tank cars transporting dangerous goods, the location of waybills, and emergency response forms, as well as efforts to standardize the numbering of cars, and offers further assistance if desired. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be received and filed. Carried Unanimously. 'No. 428 - Minister of Revenue - Re: Assessment Roll and Assessment Notices. The communication advises that the Assessment Roll will be returned to the municipality on February 15th, 1984, and Assessment Notices will be mailed no later than January 9th, 1984, with the final date for filing an appeal as March 7th, 1984. ORDERED on the motion of Alderman Cummings, seconded by Alderman Merrett, that - the communication be received and filed. Carried Unanimously. .- AND - Report No. 648 - Chief Administrative Officer - Re: Re-assessment under Section 63 of the Assessment Act. The report recommends that the information contained therein be received and filed~ ' Alderman Coyills requested that consideration be given to meetings being held in either Willoughby or Crowland areas. ORDERED on the motion of Alderman Cummings, seconded by Alderman Coyills, that the report be received and adopted. Carried Unanimously. REPORTS No. 649 - Chief Administrative Officer - Re: Endorsement of a resolution of the City of Windsor concerning the Public Sector .Prices and Compensation Review Act, 1983. The report recommends that Council receive the letter from the City of Windsor. ORDERED on the motion of Alderman Orr, seconded by Alderman Baker, that the report be received and adopted. Carried Unanimously- No~ 650- Chief Administrative Officer - Re: AM-13/83 - Restricted Area By-law 83-179, Birchcliff Nursing Homes Limited, Lundy's Lane. The report recommends that the by-law appearing on tonight's agenda to repeal By-law No. 83-179 be passed. ORDERED on the motion of Alderman Orr, seconded by Alderman Goville~ that the report be received and adopted- Carried Unanimously. See By-law No. 83-272. No. 651 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends payment of the accounts in the aggregate amount of $469,954.40 for the one week period ending December 12th~ .1983. -6- Alderman Cummings declared a conflict of interest on Cheque No. 21758 since a family member is employed as a crossing guard, and a conflict of interest on Cheque No. 21869 since he is a member of the organization. Alderman Rinsperger declared a conflict of interest on Cheque No. 21754 because he is employed with the company. Alderman 3anysty declared a conflict of interest-on Cheque No. ZlY40 as the person involved. Alderman Orr deciared a conflictof interest on Cheque No. 22233 as a family member is involved· Additional information was provided for Cheqoes No. 21763, 21770, and 21830. ORDERED on the motion of Alderman Somerville, seconded by Alderman Merrett, that the report be received and adopted. The motion Carried with Aldermen Cummings, Hinsperger, 3anysty, and Orr, abstaining from the vote on conflicts of interest previously recorded, and all others voting in fayour. BY-lAWS ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that leave be granted to introduce the following by-laws and the by-laws be read a first ~ime: No. 83-271 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Banring Ave.). No. 83-272 - A by-law to repeal By-law No. 83-179, being a by-law to amend By-law No. 79-200, as amended. (Birchcliff Nursing Homes Ltd.). No. 83-273 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings, Hinsperger, Janvary, and Orr abstaining from the vote on By-law No. 83-273, on conflicts of interest previously recorded in Report No. 651, and all others voting in layout. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Orr, that the following by-laws be now read a second and third time: No. 83-271 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Banring Ave.). No. 83-272 - A by-law to repeal By-law No. 83-179, being a by-law to amend By-law No. ?9-200, as amended. (Birchcliff Nursing Homes. Ltd.). No. 83-273 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Cummings, Hineperger, 3anvary, and Orr abstaining from the vote on By-law No. 83-273, on conflicts of interest previously recorded~ ~nd all other8 voting in fayour. 'NEW BUSINESS NIAGARA DROP FORGE Alderman Chessman requested information regarding recent actions with respect to the noise hvel at the Niagara Drop Forge plank on Kister Road, The Chief Administrative Officer advised that he had been negotiating with a consultant from Toronto in connection with a study, A difficulty has been encountered with regard to payment of the study, N.F.C.V.I. . Alderman Puttick sug8ested that the .Chief A~mintstrattve Officer forward a letter to the Niagara South Board o£ Education regarding the decision to allow the school to remain open. - 7 - ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, tha~ the Chief Administrative Officer forward a letter of appreciation to the Niagara South Board of Education with respect to the decision to allow N.F.G.V.I. to remain open. Carried Unanimously. DOME FOR QUEEN STREET Alderman Puttick referred to an article in the Civic magazine, 1983, with respect to the dome stadium in Vancouver, B.C. He referred further to the interest of canires in Southern Ontario regarding this kind of project. Alderman Puttick referred to Federal Government interest in promoting touriam, and the possibility of a cover for the Queen Street area as an innovative project. ORDERED on the motion of Alderman Puttick, seconded by Alderman Chessman, that a committee of Staff be asked to investigate the idea of a cover for Queen Street~ utilizing government funding. Carried Unanimously. MEETING WITH MINISTRY OF THE ENVIRONMENT Alderman Kerrio initiated a discussion regarding the upcoming meeting with Honourable Andrew S. Brandt, Minister of the 'Environment. The Chief Administrative Officer advised that the meeting has been scheduled for Thursday, December 15th, 1983. ORDERED on the motion of Alderman Cummings, seconded by Alderman 0rr, that Aldermen Kerrio and Puttick be authorized to attend the scheduled meeting with the Minister of the Environment and Staff. Carried Unanimously. MAYOR THOMSON - ITEMS IN MEDIA His Worship Mayor Thomson referred to items which had recently been publicized with regard to the sale of a parcel of land on Chippawn Parkway to Marineland. He reviewed a statement dated December 12th, 1983 in this regard and invited comments from members of Council. A lengthy discussion followed in connection with the suggestion of Mayor Thomson that a special committee of Council seek the help of an independent solicitor if desired. It was suggested that all questions of concern should be forwarded to the City Clerk for presentation to a solicitor. These could utilized as terms of reference, in addition'.to documents, statements in the press, and other available information, and a report forwarded to Council as quickly as possible. Alderman Drr requested information from Mayor Ihomson concerning his being aware that Mi~s McGrath was unwilling to sell the land to Marineland. Alderman Baker discussed a possible conflict of interest with regard to the property purchase for Marineland, and the City's acceptance of an offer to purchase John N. Allan Park. He suggested that the appropriate Ministry should investigate the conflict. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the matter be tabled for one week in order that a report might be received from the City Solicitor on the matter.' Carried Unanimously. It was moved by Alderman Cummings, seconded by Aiderman Puttick, that the meeting adjourn. Carried Unanimously. READ AND MAYOR WAYNE THOMSON FORTY-SIXTH MEETING Council Chambers December 19, 1983 Council met on Monday, December 19th, 1983 at 5:30 p.m. for the purpose of considering general business. All members of Council were present with the exception of Alderman Keighan. His Worship Mayor Thomson presided as Chairman. Alderman Kerrio offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Cummings, seconded by Alderman Somerville, that the minutes of the meeting held December 12th, 1983, be adopted as printed. Carried Unanimously. PRESENTATION Mr. Ed Imhoff, President, Stamford Centre Volunteer Firemen's Association, was granted permission to address Council on the motion of Alderman Eheesman, seconded by Alderman Cummings. Mr. Imhoff presented His Worship Mayor Thomson with two enlarged, framed photographs of the Official Opening ceremony of the extension to the Stamford Centre Volunteer Firemen's Park. He extended appreciation to Mayor'Thomson,' on behalf of the Association. DEPUTATION MR. MITCHELL SMITH - SECOND HAND STORE LICENCE Mr. Mitchell Smith who wished to address Council respecting a second hand store licehoe for 4582 Queen Street did not attend the meeting. COMMUNICATIONS No. 429 - Kinsmen Club of Niagara Falls - Re: Proposed Changes in Bingo Operation. The communication requests an extension of the implementation date with regard to changes in Bingo operations. - AND - No. 430 - The Chamber of Commerce - Re: Bingo Operations. The communication expresses agreement with the recommendations from City staff concerning bingo operations and recommends that all costs involved in the operation of bingos should be borne by the organizations involved. The organization supports City staff having the authority to refuse renewals and new applications if proper forms are not presented at the time of making application, and further, that the provincial regulations should be followed. Alderman Hinsperger declared a conflict of interest since he belongs to an organization which runs bingos. Alderman Cummings declared a conflict of interest by reason of being associated with an organization which runs bingos. ORDERED on the motion of Alderman Cheesman, seconded by Alderman 0rr, that the communications be received.and the matter be tabled until 1984. The motion C~rried with Aldermen Cummings, and Ninsperger, abstaining from the vote on conflicts of interest.previously recorded, and all others voting in layout. Alderman Orr entered the meeting· No. 431 - St. 3ohn Ambulance - Re: Annual Review - May 9, 1984o The communication requests that the rental fee of the Niagara Falls Memorial Arena for Wednesday, May 9th, 1984, be waived. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hlnsperger, that the communication be referred to the Finance Committee for considera.tion. Carried Unanimously. No. 432 - Ministry of Municipal Affairs & Housing - Re: Ontario Neighbourhood Improvement Program (O.N.I.P.). The communication invites municipalities to submit applications for funding under O.N.I.P. for the 1984/85 fiscal year. -2 ~ ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the communication be referred to Staff for consideration. Carried Unanimously. No. 433 - Region Niagara Tourist Council - Re: High cost of Alcohol' and its effect on Regional Niagara tourjam. The communication discusses the importance of tourjam in the area and expresses concern with respect to tax increases, particularly regarding alcohol, and solicits the support of Council in adopting a resolution that the taxation on alcoholic beverages be reviewed and adjusted so that the Ontario tourjam industry be allowed to operate in a more competitive environment. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the resolution be endorsed. The motion Carried on the following vote: AYE: Aldermen Baker, Coyills, Cummings, Hineperger, Janvary, Kerrio, Merrett, Orr, and Somerville. NAYE: Aldermen Chessman and Puttick. No. 434 - T~e Optimist Club - Re: Grant in lieu of taxes. The communication requests that Council approve the 1983 property taxes for the Club be treated as a municipal grant. ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the communication be referred to the Finance Committee for consideration. Carried Unanimously. No. 435 - St. Mary's Ukrainian Catholic Church - Re: "Ukrainian Independance Week" - January 21st - 28th, 1984. The communication requests that Council proclaim January 21st, to 28th, 1984 as Ukrainian Independance Week, and a flag raising ceremony for Saturday, January Zlst, 1984 at 10:00 a.m. ORDERED on the motion of Alderman Somerville, seconded by Alderman Janvary, that the request be approved ~ubjeet to'established policy. .Carried Unanimously. No. 436 - Niagara Peninsula Division Industrial Accident Prevention Association - Re: "Safety Month". The communication requests that the month of January 1984 be proclaimed "Safety Month". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to established policy. Carried Unanimously. No. 437 - Niagara Falls Minor Hockey Association - Re: "Niagara Falls Ontario Night". The communication discusses a special promotion night with the Buffalo Sabres of the National Hockey League, and requests the Council proclaim the night of January 27th, 1983 as "Niagara Fails (}atario Night". ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the request be approved subject to established policy. Carried Unanimously. REPORTS No. 652 - Chief Administrative Officer - Re: Commercial Area Improvement ProSran%me (C.A.I.P.) for Downtown. The report recommends that the information contained therein be received. A brief discussion followed regarding the removal of the building at the corner of Queen Street and River Road, which is presently occupied by the Visitor and Convention Bureau on a year-to-year basis. The Chief Administrative Officer advised that this matter would be included in a progress report to Council. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessmane that the report be received and adopted. Carried Unanimously. No. 653 - Chief Administrative Officer - Re: Status Report on Group Homes Policies. The report recommends the following: -' 1) That a representative of the Croup Homes Working Croup be authorized to attend the meeting of the Regional Planning Conm~ittee on Wednesday, ' December 21, 1983 at 3 p,m., the purpose being to reiterate the City's position on Group Home Policies as stated previously in Report PD/49/83 to the Region and presented to the Region on 1983 06 20. 1) That the Working lialee with all area municipalities with a view to encouraging attendance at the Regional meeting so that the issues will receive full discussion. ORDERED on-the motion of Alderman Cummingsj seconded by Alderman Janvary~ that the report be adopted. Carried Unanimously. -3- No. 654 - Recreation Commission - Re: Vine Street Neighbourhood Park. The report recommends that the Vine Street Park be sold for single family dwelling units only. Further, that the funds derived from the sale of the park be used for park purposes at Ker Park with priority being given to the development of a fenced area for a small children's playground. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. No. 655 - Chief Administrative Officer - Re: Propane Tank, Shell Service Station, 6499 Lundy's Lane. The report recommends that the information contained therein be received and filed. During a discussion which followed, the Director of Buildings and Inspections advised that the situation of the propane tank complies with Provincial regulations currently in effect. ORDERED on the motion of'Alderman Cummings, seconded by Alderman Orr, that the report be received and filed. Carried Unanimously. No. 656 - Chief Administrative Officer - Re: Sit? Plan Approval - Proposed Trailer Camp - 9387 Lundy's Lane (northwest cCrner of Lundy's Lane and Garner Rd. The report recommends that CounCil approve the site plan on display at tonight's meeting, being a proposed trailer camp, and the site plan being sheet 1 of 6 and the storm drainage and roads plan being sheet 2 of 6, and the sanitary sewers plan being sheet 3 of 6, and filed with the Buildings and Inspections Department of the City of Niagara Falls on December 14th, 1983, subject'to the conditions outlined in the're~ort. ORDERED on the motion of Alderman Merrett, seconded by AId.ethan Baker, that the report be received and adopted. The motion Carried on the.following vote: AYE: Aldermen Baker, Chessman, Coyills, Cun~nings, Hinsperger, Kerrio, Herrerr, Orr, Puttick, and Somerville. NAYE: Alderman Janvary. No. 657 ~ Chie~ Administrative Officer - Re: Ontario Neighbourhood Improvement Program - Chippaws. The report recommends that Council pass the by-law which is on tonight's Council agenda, to amend the redevelopmen~ plan for the Chippawa area. ORDERED on the, ~otion of Alderman Orr, secondedby Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. S~e By-law No. 83-278. No. 658 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for November, 1983. The report advises of permit statistics, development proposals and other activities of the department during November 1983. 'ORDERED on the motion of Alderman Pettic~k,oseconded by Alderman Chessman, that the report be received and filed. Carried Unanimously. No. 659 - Chief Administrative Officer - Re: Fee Increases - Buildings & Inspections Department. The report recommends that By-law No. 6328, which was passed in 1963, be amended to provide for the following fee increases. .These fees have not been increased since 1963. 1) That the fee for a plumbing contractor's licenee be increased from $25.00 to $35.00. Z) The fee for 3ourneyman Plumber's licenee be increased from $2.00 to $5.00~ 3) The fee for setting master plumber's examination be increased from $10.00 to $35.00. ORDERED on the motion of ~lderman Puttick,,seconded by the report be received and.adopted. Carried Unanimously .... No. 660 - Chief Administrative Officer - Re: Fee for letters of Compliance Or Clearance, Buildings & Inspections Department. The report recommends that Council approve of a change in the fee charged by the Buildings and Inspections Department for letters of compliance or clearance from $30.00 to $40.00 and that the resolution appearing on tonight's agenda be approved. ORDERED on the motion o~ Alderman puttic~.,,seconded' by Alderman.-Ghee~men, t|~at., the [sport be received and adopted. Carried Unanimously. -4 - No. 661 - Chief Administrative Officer - Re: Fees for Plumbing Compliance. The report recommends the following: 1) Where a plumbing inspection is requested in order for the owner to obtain an L.L.B.O. licenee, and no plumbing permit is required, a fee of $30.00 be charged for the inspection and written confirmation of compliance. Z) Where a plumbing inspection is requested in order for a property to be sold and no plumbing permit is required, a fee of $30.00 be charged for the inspection and written confirmation of compliance- ORDERED on the mo.tion of Alderman Puttick, seeended by Alderman Chessman, that the report be received and adopted- Carried Unanimously- No. 662 - Chief Administrative Officer - Re: 1984 O.P.I.A. and O.B.O.A. Training Courses. The report recommends that one member of staff be authorized to attend a training course sponsored by the Ontario Plumbing Inspectors Association and one member of staff attend a training course sponsored by the Ontario Building Officials AssociatiOn- ORDERED on the motion of Alderman Chessman, seconded by Alderman Kerrio, that the report be received and adopted- Carried Unanimously- No. 663 - Chief Administrative Officer - Re: Intersection of Main Street with Oakes Drive. The report recommends that the Niagara Falls, Canada, Visitor & Convention Bureau receive a copy of. th~is rePOrts- ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger, that the report be received and adopted. Carried Unanimously. No. 664 - Municipal Works Committee - Re: Closing of Accounts of FrontsnaG Woods Extension Subdivision, Registered Plan M-32. The report recommends the following: 1) That the accounts for the FrontsnaG Woods Extension Subdivision (Plan M-32) be finalized and that the Developer be allowed to leave with the City a Letter of Credit in the amount of $2,500.00 for a period of one year to be used to rectify any drainage problems which might arise in this subdivision- 2) That provisions be made for renewal of the Letter of Credit after the one- year period in the event the matter is not rectified; and 3) That Staff report back on this matter prior to expiry of the one-year period. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that the report be received and adopted. Carried Unanimously. No. 665 - Municipal Works Committee - Re: Water Service to Stamford Centre Firemen's Park - request for financial assistance- The report recommends that the City refund to the Stamford Centre Volunteer Firemen'e Association, the road allowance portion of the cost of providing a water service to the Firemen's Park in the amount of $4,219.76. ~ [" Alderman Cummings declared a conflict of interest because he is a member of the Association. ORDERED on the motion of Alderman HinSperger, seconded by Alderman Merrett, that the report be received and adopted. The motion Carried with Alderman Cummings abstaining from the vote on a conflict of interest previously recorded, and all others voting in fayour. No. 666 - Municipal Works Committee - Re: Re-Allocation of Bridgewater Street Watermain replacement funds. The report recommends that: 1) The remaining $60,Z00.00 for the Bridgewater Street watermain replacement project in the 1983 Operating Budgetbe re-allocated tO the Portage Road watermain replacement project; and .' 2) These funds be placed in reserve for this purpose. ORDERED on the motion of Alderman Hineperger, seconded by Alderman Cummings, that the report be received and adopted- Carried Unanimously- No. 667 - Municipal Works Committee - Re: Street Lighting at Lyone Creek Interchange with Q.E.W. The report recommends that funds be re-budgetted in the 1984 Operating Budget for the City share of the street lighting at this interchange. ORDERED on the motidnof Alderman Somerville, seconded by Alderman Hineperger~ that the [?port be received and adopted. Carried Unanimously- -5 - No. 668 - Municipal Works Committee - Re: Intersection of Clifton Hill at Victoria Avenue. The report recommends that staff be authorized to meet with representatives of affected businesses to discuss improvements at this inter- sections including one-way traffic on Centre Street and changes to pedestrian crossings at the intersection. ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. - AND- Communication No. 438 - Regional Municipality of Niagara - Re: Regional Sign corner of Clifton Hill and Victoria Avenue. The communication advises that the request for a meeting between Regional and City staff to discuss the matter has been forwarded to Mr. C.H. Eidt, P. Eng., Director of Engineering, for consideration and appropriate action. ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that the communication be received and filed. Carried Unanimously. No. 669 - Municipal Works Committee - Re: Leaf Pickup. The report recommends the following: 1) That an advertisement be placed periodically in the newspaper next year, prior to and during the leaf pickup period, advising property owners that it is contrary to City By-law No. 6857 to place lawn takings on a City street. 2) That property owners be informed through this advertisement that lawn takings, such as leaves, placed at the end of the road in plastic bags will be collected by the Sanitation Department. 3) That the Sanitation Department employee complement be augmented from existing staff to handle the additional work load during the leaf pickup time, as required, and should it be necessary to h'ire additional staff, a report be brought back to the Municipal Works Committee for consideration. 4) That Staff'report at the appropriate time next year on the resulting change in the.leaf pickup program, resulting from the recommended advertising campaign. ORDERED on the motion of Alderman Cummings, secqnded by A~derman 3anvary, that the report be received and adopted. Carried UnanimOusly. No. 670 - Municipal Works Committee - Re: Extension of Use of the Present Sanitary Landfill Site. The report recommends that letters of appreciation be forwarded to the Honourable An~y Brandt, Ministry of the Environment and to Mr. Vines Kerrio, M.L.A.,'for their offer of assistames and the co-operation received and that the contents contained herein be noted and the report received and filed. ORDERED on the motion of Alderman Kerrio~ seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. No. 671 - Finance Committee - Re: Finance Committee Reports. The Finance Committee recommends that Council endorse the following decisions. 1 ) Fire Department Ipagers - That the City purchas~ for Fire Stations 5 and 6 minitor pagers for $15,157j14, to be'paid for by the volunteer fire associations and that in future budgets consideration be given to reimbursing the associations for the purchase. . 2 ) Fire education reserve fund - That a reserve fund for a Fire Department Education Program be established. 3) Projected 1983 surplus - That the report on a projected 1983 current budget surplus be reviewed and filed. 4) Police Chiefs conference grant dr luncheon - That the request for a cash grant or sponsorship of a luncheon for the Police Chiefs Conference be denied but that the us.ual co-operation, souvenirs, etc., be given to the delegates. 5) Salvation Army store rental '- That the rental charges tO the Salvation Army for the Erie Avenue store be reduced from $2,700 per year to $1 per year commencing January 1, 1984 and that the Salvation Army continue to pay for the utilities with the Gity doing the various repair work required. 6 ) Advertis ing in Kinsmen magazine - That an advertisement not be taken out in the Kinsmen magazine. 7) Tax status - That the tax status report be review. ed and filed. 8) Tax write offs - That the report on the write off of 'taxes be adopted. · 6 F -6 - Alderman Somerville declared a conflict regarding Item No. 5 since he is a member of the organization. ORDERED on the motion of Alderman Chessman, seconded by Alderman Merrett, 'that the report be received and adopted. The motion Carried with Alderman Somerville abstaining from the vote on Item No. 5 on a conflict of interest previously recorded, and all others voting in fayour. No. 672 - Chief Administrative Officer - Re: Municipal Accounts- The report recommends payment of the accounts in the aggregate amount of $1,126,364.56 for the one week period ending December 19th, 1983. Alderman Hinsperger declared a conflict of interest on Chequea No. 21916 and 21917, because he is an employee of the company. Alderman Merrett declared a conflict of interest on Cheque No. 21911 since he is part of the company- ORDERED on the motion of Alderman Cununings, seconded by Alderman Kerrio, that the report be received and adopted. The motion Carried with Aldermen Hinsperger abstaining from the vote on Cheques No. 21916 and 21917 on a conflict of interest previously recorded; Alderman Merrett abstaining from the vote on Cheque No. 21911 on a conflict of interest previously recorded; and all others voting in fayour. No. 673 - Chief Administrative Officer - Re: Proposed Closing & Sale of Walkway 4(2) from Tampa Court to Sinnicks Avenue. The report recommends that Council take the following action with respect to the proposed qlo~ing of the public walkway between Tampa Court and ginnicks Avenue: 1) Pass the by-law appearing on tonight's agenda to authorize an agreement with the abutting owners respecting the sale of parts of the walkway, when closed; 2) Pass the by-law to assume the walkway which is within Registered Plan M-33; 3) Authorize the City Solicitor to proceed with the publication in the Niagara Falls Review of the required notice of a by-law to authorize the closing and sale of the walkway~ 4) Authorize the City Solicitor to instruct Matthews & Cameron Ltd., Ontario Land Surveyors, to undertake the preparation and deposit of a reference plan in the Land Registry Office showing the walkway divided into four parts- ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that the report be received and adopted. -Carried Unanimously. See By-laws No. 83-276, and No. 83-277- No. 674 - Chief Administrative Officer - Re: Revision of By-law respecting Motorized Snow Vehicles. The report recommends that if Council is satisfied with the by-law appearing on tonight~s agenda~ the by-law be passed and submitted to the Regional Council for approval. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cummings, that the report be received and adopted. Carried Unanimously. See By-law No. 83-275. No. 675 - Chief Administrative Officer - Re: Appointments to Boards, Commissions & Committees. The report recommends that Council consider the necessary appoin~ments for various boards, commissions and committees s the terms of which will expire at the end of 1983, and that the actual appointments he made at the first meeting of 1984. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Cunmmings~ that the report be received and tabled~. and furthers that an advertisement concerning the appoinT~nent openings be placed in the local newspaper. Carried Unanimously. No. 676 - Chief Administrative Officer - Re: B.R.I.C. Application, Town Mall, former Village of Chippaws. The report recommends that Council approve of a grant of $4,000.00 for renovations to the former Chippaws Town Hall, of which $2,000.00 will be paid by the Province, end further that by-laws appearing later on the ageads to designate three buildings be passed. - 7 - ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger~ that the report be received and adopted. Carried Unanimously. See By-laws No. 83-280, and No. 83-281. No. 6 77 - City Solicitor - Re: Legal aspects related to the conduct of Mayor Wayne Thomson in respect to certain conveyances of land in Part of Township Lot 223 for the former Village of Chippawa, and a proposed trip to Switzerland. ORDERED on the motion of Alderman cummings, seconded by Alderman Merrett, that this matter be discussed under New Business. Carried Unanimously. No. 678 - Chief Administrative-Officer - Re: Niagara's Great Cold Turkey Challenge, Qui~ Smoking Campaign. The report recommends that Council authorize participation in "N~agara's gr~at Cold Turkey Challenge" as set out in the report. ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the report be received and adopted. The motion Carried on the following vote: AYE: Aldermen Baker, Cheekman, Coyills, Cummings, Hinsperger, Janvarys Kerrio, Merrett, Puttick, and Somerville. NAYE: Alderman Orr. BY-LAWS The ~ity Clerk advised that By-law No. 83-279, to designate 4624 Erie Avenue of architectural value and of historic interest had been withdrawn from the agenda. ORDERED on the motion of Alderman Cummings, seconded by Alderman Kerrio, that leave be granted to introduc.e the following by-laws and the by-laws be read a first time: No. 83-274 - A by-law to amend By-law No. 3790, being a by-law for the regulation of traffic. (Cu!p Street). No. 83-275 - A by-law respecting motorized snow vehicles. No. 83-276 - A by-law to assume a public walkway in Registered Plan M-33. No. 83-277 - ~ by-law to authorize an agreement with the owners of land abutting the public walkway between Tampa Court and Sinnicks Avenue. No. 83-278 - A by-law to amend the Redevelopment Plan for the Chippawa Redevelopment Area. No. 83-280 - A by-law to designate 8198 Gummington Square East of architectural value and'of historic interest. No. 83-281 - A by-law to designate 7820 Portage Road South of architectural ~ valu~ and'of historic interest. No. 83-282 - A by-law to provide monies for general purposes. The motion Carried with Alderman Hinsperger abstaining from the vote on By-law No. ~2~'on a conflict of interest previously recorded in Report No. 672; Alderman Merrett abstaining from the vote on By-law No. 83-282 on a conflict of interest previously recorded in Report No. 672; and all others voting in fayour. ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Cummings, ~hat the following by-laws be now read a second and third time: No. 83-274 - A by-law to amend By-law No. 3790, belng a by-law for the regulation of traffic. (Gulp Street). No. 83-275 - A by-law respecting motorized snow vehicles. ~o. 83-276 - A by-law to assume a public. Walkway in Registered Plan M-33. .8 -8 - -9- No. 83-2 77 - A by-law to authorize an agreement with the owners of land abutting the public walkway between Tampa Court and Sinnicks Avenue. No. 83-278 - A by-law to amend the Red'evelopment Plan for the Chippawa Redevelopment Area. No. 83-280 - A by-law to designate 8198 Cummington Square East of architectural value and of historic interest. No. 83-281 - A by-law to designate 7820 Portage Road South of architectural value and of historic interest. No. 83-282 - A by-law to provide monies for general purposes. The motion Carried with Aldermen Hinsperger and Herrerr abstaining from the vote on By-law No. 83~Z82 as previously recorded, and all others voting in favour. NEW BUSINESS EMPLOYEE BENEFIT PROGRAMS Alderman Cheesman initiated a discussion regarding Employee Benefit Programs for the City, referred to the motion of Council on October 17th, 1983, that the low tender of Excelsior Life at an annual cost of $372,346.00, pool method, effective January 1, 1984, with a review 60 days prior to renewal of the contract, and that Ball - Harrison be named as Agent of Record to administer the City's employee benefits~ and stated that he had received information that Ball - Harrison was not prepared to make a guarantee in w~iting concerning the "pool method". He suggested that the City's current Agent of Record be instructed to request Confederation Life to carry on through January 1984 until the matter could be investigated and a further recommendation .approved. The matter was referred to the Chief ~ministrative Officer and City Solicitor to investigate and report back to Council. Alderman Kerrio suggested that this item was important enough to warrant a special meeting of Council. MAYOR WAYNE THOMSON - REPORT OF CITY gOLICITOR - AND - COMMUNICATION OF MAYOR THOMSON Report No. 678 - City Solicitor - Re: Legal aspects related to the conduct of Mayor Wayne Thomson in respect to: 1) Certain conveyances of land in Part of Township Lot 223 for thee former Village of Chippaws; and 2) A proposed trip to Switzerland. The report reviews the background, facts, and legal aspects related to the subject, discusses the retention of an outside "independent" solicitor, Mayor Thomson's admissions regarding the involvement in the conveyance of land matter and poor judgment concerning the matters in question. The report further qualifies the statements of the City Solicitor and recommends that the information contained therein be received and filed. - AND - Communication No. 438 - Mayor Wayne Thomson - Re: Resignation. The communication discusses legislation to be effective January 1, 1984 transferring responsibility for the Health Unit to the Regional Municipality, and as an Regional employee on leave of absence, the ineligibility of Mayor Th(~nson to hold a municipal Office. The communication advises that Mayor Thomson's leave of absence with the Health Unit will be terminated as of January 1st, 1984, and tenders his resignation as Mayor of this Municipality as of the aforementioned date. Alderman Janvary expressed support of Mayor Thomson on behalf of herself and many residents of the area. Alderman Chessman discussed the political career of Mayor T~omson, and the indebtedness of the City to him. Alderman Chessman expressed appreciation and offered good. wishes for the future. Alderman Puttick referred to the report of the City Solicitor~ to the new legislation regarding the Health Unit, and conveyed his best wishes to Mayor Thomson · ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the report and communication be received and filed, and further, that the resignation of Mayor Wayne Thomson be accepted with regret. Carried Unanimously. It was moved by Alderman Puttick, seconded by Alderman Merrett, meeting adjourn. Carried Unanimously. that the MAYOR WAYNE THOMSON