Minutes1994FIRST MEETING
COM~IITI~,E OF THE WHOLE
Committee Room
January 10, 1994
Council met on Monday, January 10, 1994 at 7:25 p.m. in Committee of the Whole. All
members of Council, were present. Alderman Ward presided as Chairman.
Following consideration of the items presented, the Committee of the Whole arose to report
in open session.
READ AND ADOPTED,
REGULAR COUNCIL M~.TING
Council Chambers
January 10, 1994
Council met on Monday, January 10, 1994 at 7:30 p.m. for the purpose of considering
Regular Council Business. All members of Council, were present. His Worship Mayor Thomson
presided as Chairman. Alderman Ward offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the Minutes
of the Regular Meeting of December 13, 1993, and the Minutes of the Special Meeting of Council
on December 15, 1993 to consider ratification of Finance Committee Actions, be adopted as printed.
Carried Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Hendershot indicated a pecuniary interest regarding the Cuvee 1994 funding
request because a member of his family is employed at one of the wineries involved.
Aldermen Hendershot and Janvary indicated a pecuniary interest on Report F-94-03, Cheque
No. 92376 because the recipient is their employer.
Aldermen Cummings and SheFar indicated a pecuniary interest on Report F-94-03, Cheque
No. 93017 because Acres is the recipient.
Alderman Cowan indicated a pecuniary interest on Report F-94-03, Cheque No. 93085,
became the recipient is his employer.
Alderman Snsin indicated a pecuniary interest on Report F-94-03, Cheque No. 92786,
because his son is a volunteer firefighter.
m mI
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Alderman Germano indicated a pecuniary interest on Report F-94-03, Cheque Nos. 92375
and 92415, became her daughter is employed by the School Board.
Alderman Craitor indicated a pecuniary interest on Report F-94-03, Cheque No. 93131
because he sits on the Board as a volunteer member.
DEPUTATIONS
Grey Gables School
Ms. Card Marotta, Devdolnent Office, Gw/Gables School, on behalf of the Cuvee
committee, thanked members for the opportunity to address Council regarding the Cuvee 1994
grunt request and provided background information on Cuvee 1994, an event dedicated to the
celebration of the best in Ontario winemaking, which is to be held March 4, 5 and 6, 1994. Ms.
Marotta requested Councfi reconsider their $3,000.00 sponsorship.
Following some discussion with respect to alternate options for the City's support, it was
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan, that Council retain
the Original budget position passed by the Finance Committee which was to deny a grant to Grey
Gables School regarding Cuvee 1994. The motion Carried with Alderman Hendershot abstaining
from the vote on a conflict of interest previously noted; Aldermen Craitor, Germano and Janvary
voting contrary to the motion and with all others voting in fayour.
Niagara Falls. Canada Visitor & Convention Bureau
The matter was deferred to a subsequent Council meeting.
COMMUNICATIONS
Communication No. 01 - The Corporation of the City of Brampton - Re: Residential Property
Statute Law Amendment Act, 199~ - Re4iacement Bill for Bill 90; Accessory Apafiments in Houses.
The communication provides information on the City of Brampton's position regarding the
provisions set out in the Residential Property State Law Amendment Act, 1993.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Susin, that the matter be
deferred for a report from the planning and Fire Departments. Carried Unanimously.
Colnmnlixleafiqn NO. 02 - The Corporation of the City of Brampton - Re: Resolution. The
communication requests Council endorse a resolution regarding the flying of the United Nations flag
in other municipalities in recognition of their peacekeeping efforts throughout the world.
ORDERED on the motion of Alderman Craltor, seconded by Alderman Fisher, that Council
endorses the request. Carried Unanimously.
CosnmBnitlfio~ No. 03 ~ Omapio Senior Games Co~mm~. Re.: Ontario Smior Games. The
oommunicailon requests that Council consider applying as the host of the 1996 Ontario Sere'or
Games Provincial Championships to be held the last week of August, 1996.
ORDERED on the motion of Aldeemun Cmnmings, seconded by Alderman Sherar, that the matter
be referred to the Recreation Commission. Carried Unanimoaslv.
C ~ No. 04 - Alfred Rampsdo, Chairman, Ndghlmmtmod Park Commilte~ - Re: Mount
Cannel Park !k. vdolmnst, Nmi~dd,~urhood Park. The communication requests Council consider
mending Phase I contract with the existing contractor to incorporate Phase IL
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the matter
be referred to staff. Carried Unanimously.
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Communication No. 05 - Committee of Independent phannacists - Re: Tobacco Control Act. The
communication expresses concern and opposition to the Tobacco Control Act prohibiting the sale
of tobacco products in pharmacies.
It was ORDERED on the motion of Alderman Puttick, seconded by Alderman Sherat, that
the matter be referred to the Smoke-Free Areas Committee. The motion was Defeated with the
following vote:
AYE: Aldermen Cowan, Cummings, Janvary, Puttick and Sherar.
NAYE: Aldermen Craitor, Fisher, Germuno, Hendershot, Orr, Sttsin and Ward.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hendershot, that Council is
in support of the overall concept of the legislation, but that no one retailer should be discriminated
against by legislation. The motion Carried with the following vote:
AYE: Aldermen Craitor, Fisher, Germuno, Hendershot, Orr, Susin and Ward.
NAYE: Aldermen Coxvan, Cmnmings, Janvary, Puttick and Shetar.
Communication No. 06 - City of Welland - Re: Transfer of Jurisdiction. The comnnmication
advises that the City of Welland cannot support transfer of jurisdictiou for the processing of
reeyclable material from the Niagara Municipal Recycling Board to the Regional Municipality of
Niagara.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
communication be received and filed for the information of Council. Carrie~
Communication No. 07 - Niagara Counc~ on Smoking and Health - Re: proclamation. The
~ommunication requests Council proclaim the week of January 17 - 22, 1994 as "National Non-
Smoking Week".
ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that the request be
approved subject to established policy. Carried Unanimously.
Communication No. 08 - Petition submitted by Mr. Pat Simon - Re: Opposing the Closure of the
Whiffpod Bridge; and Communi_eafion No. 09 - Petition submitted by Andrew Cexpes, owner of
the City I .imits Nightclub - Requesting that the Vfiliripool Bridge remain open. The communication
requests Council support the petitions.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that Council
supports the petitions against the closure of the Whirlpool Bridge. Carried Unanimously.
Communiemfion No. 10 - Victorian Order of Nurses, Niagara Branch - Re: proelamatlon. The
communication requests Council proclaim the week of January 23, 1994 to January 29, 1994 as
"VON Week".
ORDERED on the motion of Alderman Janvary, seconded by Alderman Sasin, that the request be
approved subject to established policy. Carried Unanimously.
Communication No. 11 - City of Ottawa, Office of the Mayor - Re: Raise the Flag Day. The
communication requests all municipalities to participate in the Kinsmen & Kinette Clubs of
Canada's National Raise the Flag Day on May 14, 1994.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the request be
approved subject to established policy. Carried Unanimously.
REPORTS
MW-94-01 - ChairlRtson, Municipal Parking & Traffic Commi."_ee - Re: Municipal Parking &
Traffic Commrm___oe Recommentla~om - !),~.nher 14, 1993. The report recommends the following:
1. MW-93-233 - Clifton Hill - Request for Commercial LoatiMg Zone - that a commercial loading
zone not ha established;
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MW-93-241 - Prince Edward Avenue at Leffning Stn~ - All-Way Stop Request - that i) the
existing stop controls be maintained for the intersection of Prince Edward Avenue & Leeming
Street. The stop controls are currently situated on eastbound and westbound Leeming Street
at Prince Edward Avenue; ii) the Niagara Regional Police be requested to carry out strict and
frequent enforcement of the stop sign controls at the intersection of
Prince Edward Avenue and Leeming Street;
MW-93--243 - St. John Street - ParlanE Restrictions - Stamford United ChlLrch - that i) the
current "No Parking" restriction across from Stamford United Church be changed to restrict
parking from 8:00 a.m. to 4:00 p.m. Monday to Friday only; ii) that the current five (5) minute
parking for school "pick up" and "drop off" remain in effect; and iii) that corner restrictions
be installed at the intersection of St. John Street & St. Peter Avenue to ensure stop sign
visibility;
MW-93-244 - Fingland SWeet at Dr,,mraond Road - School Crossing Guard Review - that i) the
School Crossing Guard located at the intersection of Fingland Street and Drummond Road be
removed; that ii) the schools affected by this, be advised that crossing assistance will now be
provided at the intersection of Drummond Road and Morrison Street;
MW-93-247 - First Avenue at Magic Street - Cre~ng Guard Warrant - that i) an adult
crossing guard NOT be assigned to the intersection of Maple Street and First Avenue; that ii)
St. Patrick's School be requested to consider providing a School Safety patroller to assist
children in crossing at the intersection of First Avenue and Maple Street; that iii) an All-way
stop control be installed at the intersection of First Avenue and Maple Street;
Tlmrdd Stone Road at St. James Avmue - that the Region be requested to remove the two trees
on the southwest quadrant of Thorold Stone Road & St. James Avenue because they are
causing site distance problems.
Alderman Cummings indicated that any area designated for handicap parking should have
an overhead sign indicating the designation and requested that the matter be looked into.
Following some discussion regarding the removal of two trees on the southwest quadrant of
Thorold Stone Road and St. James Avenue, it was ORDERED on the motion of Alderman Janvary,
seconded by Alderman Snsin, that a report with regard to Item #6 be brought hack to Council.
Carded Unanimonslv.
ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the report be
received and adopted as amended. Carried Unanimously.
See By-law No. 94-05
.' ' See By-law No. 94-06
RATIFICATION OF MUNICIPAL WORKS COMMrrrEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
actions taken on the following matters by the Municipal Works Committee~ earlier this evening, be
approved.
1. Adoption of the Minutes of the Decanber 13, D93 Municipal Works Committee meeting;
2. MW-94-10 - 8am's Montrose Hatel - Relief from Tipling Fee/Rehstatement of Waste Cmlit -
that the Municipal Works Committee agree with Mr. Crowe's submission and that Mr. Biciich
be again permitted to use the City's Landfill Site (i.e. Removal of "Dump leek"); that the Waste
Credit of $759 be reinstated and that the amount outstanding of $7,600 for Tipping Fees be
paid bach to the City by Mr. Bidlob over a three-year period (without Interest) - Alderman
Puttick was opposed to the third part of the motion only;
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MW-94-~3 - Local !m.~ovemmt Wofim for 8am's Monm}se Hotel - that the sanitary sewer for
3am's Montrese Hotel at 8675 Montrese Road be undertaken as a Local Improvement and that
the By-law be passed;
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MW-94-O4 - Audit/Managammt I iat~on Position between Niagara Municipal Reey,'ling Board
and Niagara Recyrling - that 1) The City of Niagara Falls endorse the concept of an
Audit/Management Liaison Position between Niagara Municipal Recycling Board and Niagara
Recycling; 2) the City of Niagara Falls supports the Terms of Reference for the
Audit/Management Liaison Position as drafted; 3) the City of Niagara Falls support filling of
the Audit/Management Position by the City's Treasurer with all associated costs to be charged
back to Club Members on a proportionate basis;
MYV-94-05 - Jurisdiction for Waste Management - that 1) The City of Niagara Falls requests
that the issue of Jurisdiction for Waste Management should be resolved as expeditiously as
possible; 2) that the City of Niagara Falls supports the Transfer of Waste management
Jurisdiction for Disposal & Processing of Diverted Waste to Regional Niagara; 3) that the City
of Niagara Falls supports formulation of a Transition Strategy in lieu of the proposed
Transition Study; 4) that the City of Niagara Falls supports the request to the Province for full
funding of either a Transition Strategy or a Transition Study; 5) that the City of Niagara Falls
is prepared to participate in the Tramition Strategy/Study and that Niagara Falls staff have
been authorized to participate in development of the Terms of Reference for the Strategy/Study
and appointment of Consultants.
R is further recommended that Regional Niagara and the Fort Erie/Port Colborne Board of
Waste Management be advised that 6) the City of Niagara Falls does not support the proposed
Conditions No. I and No. 2 proposed by the Fort Erie/Port Colborne Board of Waste
Management; 7) that the City of Niagara Falls does support Condition No. 3 proposed by the
Fort Erie/Port Colborne Board of Waste Management if and only if there is no delay in
resolution of the Waste Management Jurisdiction issue. It is further recounnended that Regional
Niagara and the Niagara Municipal Recycling Board be advised that 8) the City of Niagara
Falls supports immediate assumption by Regional Niagara of Jurisdiction for Processing of
Recyclables (i.e. no need for a Transition Study on this Waste Management Component) -
Alderman Snsin opposed to the motion;
MW-94-06 - Niagara North Board of Waste Management; Approval of Task Two and Task
Four A Reports - that the Niagara North Board of Waste management be advised that the City
of Niagara Falls endorses the Task Two Report - Preferred Waste Management System and
Waste Diversion Strategy (October, 1993) and the Task Four A Report - Landfill Site Selection
Methodology Document (October, 1993);
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lVl'W-94-02 - Public Information Session for Barker Street, Carlton Avenue, Corwin Avenue &
SFence Street - that the information contained in Report MW-94-02 be received and ~ed for
information;
Information Item - Federal Infrastructure Program - that the Federal Infrastructure Program be
received and f'ded for information; that the City petition the Federal and Provincial Governments,
along with the City's Brief on the Current Economic Environment, for special subsidies under the
Federal Infrastructure Program for Major Projects in Niagara Falls - Alderman Snsin declared a
conflict of intorest respecting the Fire Training Tower since his son volunteered his services.
Carried
ED-94.01 - Chief .~dmlnlMrative Officer - Re.: jobsOIgario, Community Economic Devdoilnalt.
The report recommends that Council endorse the Commnnity Economic Development initiative as
prepared, requesting 30% Provincial Funding of $1.2 million worth of capital projects. These
projects consist of the Victoria Avenue Streetscape Improvements and Mitcheison "Home for
Soccer".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craltor, that the repari
be received and adopted. Carried Unanimously.
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F-94-01 - Chief A~d~"in['dra~ve Officer - Re: Ammdmeat to By-law for Interest Rates. The report
recommends that the Council of the City of Niagara Falls adopt a by-law to extend the amendment
of the monthly interest rate of 1% on tax arrears to December 31, 1994.
ORDERED on the motion of Alderman Sherar, seconded by Alderman Fisher, that the report be
received and adopted. Carried Unanimously. See By-law No. 94-03
F-94-02 - Chief Administrative Officer - Re: Amendment to By-law for Sewage Service Rate, The
report recommends that the Council of the City of Niagara Falls adopt a by-law to amend the
sewage service rate to 100% of water rates from 85% of water rates.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the report
be received and ~ed. The motion Carried with Aldermen Craitor and Susin voting contrary to the
motion and with all others voting in fayour. See By-law 94.10
F-94-03 - Chief Administrative Officer - Re: Municipal Accounts. The report recormnends that the
foilowing accounts be approved by the passing of the byqaws appearing later on the agenda.
$12,844,463.04 December 20, 1993
$1,590,019.30 December 27, 1993
$ 548,250.54 January 10, 1994
Additional information was provided on Cheque Nas. 92752; 92922 and 93010. Alderman
Fermino Susin requested further reports on Cheque Nos. 92728; 92889 and 92891.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that the report be
received and adopted. The motion Carried with Aldermen Cowan, Craltor, Cummings, Germano,
Hendershot, Janvary, Sherar and Susin abstaining from the vote on conflicts of interest previously
recorded; Alderman Susin indicated his opposition to Cheque Nos. 92375 and 92376.
See By-law No. 94-13
See By-law No. 94-14
See Bvdaw No. 94-15
Following some discussion, it was ORDERED on the motion of Alderman Craitor, seconded by
Alderman Ward, that a report be prepared by the Chief Administrative Officer regarding the
provision of information on municipal aecoants to members of Council. Carded Unanimously.
RATIFICATION OF FINANCE COMlVH'I'rEE AL-rlON8
ORDERED on the motion of Mderman Cummings, seconded by Alderman Craltor, that the actions
taken on the following matters by the Finance Committee, earlier this evening, be approve&
That the Minutm of the Deemabet 13, 1993 and _!)e~mher 15, 1993 be adopted with the
foliowing amendments: Deeember 13, 1993 meeting - Report FC-93-34 - Tax Balances at
November 30, 1993 - that "Alderman Sasin disagreed with the illustration of the City of
Niagara Falls operating in the same manner as a private institution in that private business does
not charge the same rates if there is collateral.'* and, December 15, 1993 meeting regarding
Section 13 - Grants, Library, Museam - that Alderman Orr was opposed to the motion to fund
the Board of Mnseums at their 1994 request of $73,500.00.
Report FC-94-01 - Borrowing By-law - to approve the borrowing of $23,000,000.00 for current
expenditures for the year 1994 and that staff report to the Finance Committee on a regular
basis as to the stutns of our borrowing position - Alderman Orr opposed;
Khammm & Kimite Clubs of Canada - to deny the request from the Kinsmen & Kinette Clubs
of Canada for a Message of Support in their 1994 KIN Magazine.
Carried
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L-94-03 - Chief Admlni..,'trative Officer - Re: Lease of Park from Her Majesty The Queen; Virtorta
Avenue and Highway 420 tloberts Street); File No. 94.B4-001. The report reconnnends that the
lease agreement dated July 1, 1993, with Her Majesty The Queen as represented by the Chair of
Management Board of Cabinet for the lease of the park located at Victoria Avenue at Highway 420
be executed by the Mayor and Clerk.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be
received and adopted. Carried Unaulmouslv.
See By-law No. 94-07
CD-944)2 - Chief Administrative Officer - Re: Application for Pawn Shop Lieence; 4575 Queen
Street, Niagara Falls. The report recommends that the attached application for a Pawn Shop
Licerice operating as A.J.'s Electroutes Buy Sell Trade at 4575 Queen Street be approved.
ORDERED on the motion of Alderman Orr, seconded by Alderman Germram, that the report be
received and adopted. Carried Unanimously.
CD-94.01 - Chief Administrative Officer - Re: Appointments to Boards, Cotnmi~,fio~s &
Cptnmittei$. The report reconunends that Council select appointees to serve for further terms on
the following Boards, Commissions and Canunittees, and that the appointutents be confirmed by
the passage of the By-law at this meeting.
Greater Niagara Transit 'Commission - Through secret ballot, Gordon Counsell and Rudolph H.
Meuser were appointed as citizen representatives to the Greater Niagara Transit Conmfission for
the 1994-1995 term. Carried Unanimously.
Properly Standards Committee - Through secret ballot, Gord Goulty was appointed citizen
representative to the Property Standards Committee for the 1994-1996 term. Carried Unanimously.
Niagara Falls Board ofMusemn~ - Through secret ballot, Charles Ronald Lowe and Sherman Zavitz
were appointed as citizen representatives to the Niagara Falls Board of Museums for the 1994-1996
term. Carried Unanimonsiv.
Arts and Culture Commission - Through secret ballot, Colleen Brazeau, Craig Brockwell, Maria
Teresa Compostella, Elizabeth Detlor (Bird), Barbara Morellato, Connie Valkenburg and David
Watts were appointed as citizen representatives to the Arts and Culture Conunission for the 1994-
1995 term. Carried Unanimously.
Recr~tian Commit'ion - Through secret ballot, Jim Diodati Jr., Darryl Hudson, Bruce William
Phillips, Keith Patterson, and Ken Kuhn were appointed as citizen representatives to the Recreation
Commission for the 1994-1995 term. Carried Unanimously.
See By-law No. 94-02
RATIFICATION OF COM1Vtrt'rEE OF 'rHF. WHOLE ACTIONS
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the actions
taken on the following matter by Committee of the Whole, earlier this evening, be approve&
That staff be authorized to proceed with the purchase of that part of Township Lot 152 on the
'north side of Nichol's Lane for the purchase price of $1,000.00 plus costs. Carried
Unanimously.
See By-law No. 94-08
BY-LAWS
ORDERED on the motion of Alderman Ward, seconded by Alderman Craltor, that leave be granted
to introduce the following by-laws, and the by-laws be read a first time,:
9401 A by-law to amend By-law No. 89-155 and adopt a Schedule of Meetings.
94-O3
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A by-law to provide for Appointments to Certain Boards, Commissions &
Committees.
A by-law to mend By-law No. 92-174, as amended, being by-law to mend By-law
Nos. 82-39; 83-42; 84-52; 85-35; 86-34; 87-21; 88-43; 89-49; 90-37; 91-06 and 92-23
being by-laws for the collection of interim taxes in their respecting years and By-law
Nos. 82-119; 83-114; 84-129; 85-95; 86-110; 89-131; 90-133; 91-124 and 92-106, being
by-laws to provide for the collection of taxes in their respecting years.
A by-law to authorize the borrowing of $23,000,000 for current expenditures for the
year 1994.
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads (Parking).
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads (Stop Signs).
A by-law to authorize the execution of an agreement with Her Majesty the Queen
in Right of Ontario, as represented by the Chair of Management Board of Cabinet.
A by-law to authorize the purchase of !and from Elizabeth Anna Spice.
A by-law to authorize the execution of an agreement with Flamboro Downs Holdings
Limited.
A by-law to amend By-law No. 70-135, as amended, being a by-law to impose .a
sewage service rate.
A by-law to establish rental rates for City Arenas and athletic field fighting.
A by-law to authorize the construction of certain works as local improvements under
Section 7 of the Local Improvement Act.
94-14
94-05
94-15
94-16
94-10
A by-law to amend By-law No. 92-174, as amended, being by-law to antend By-law
Nos. 82-39; 83-42; 84-52; 85-35; 86-34; 87-21; 88-43; 89-49; 90-37; 91-06 and 92-23
being by-laws for the collection of interim taxes in their respecting years and By-law
Nos. 82-119; 83-114; 84-129; 85-95; 86-110; 89-131; 90-133; 91-124 and 92-106, being
by-laws to provide for the collection of taxes in their respecting years.
A by-law to authorize the borrowing of $23,000,000 for curreut expenditures for the
year 1994.
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads (Parking).
94-11
A by-law to amend By-laxv No. 89-2000, being a by-law to regulate parking and
traffic on City Roads (Stop Signs).
A by-law to authorize the execution of an agreement ~vith Her Majesty the Queen
in Right of Ontario, as represented by the Chair of Managemeut Board of Cabinet.
94-13
A by-law to authorize the purchase of land from Elizabeth Amta Spice.
A by-law to authorize the payment of $12,844,463.04 for General Purposes. ] 94-14
(December 20, 1993).
A by-law to authorize the execution of an agreement with Flamboro Downs Holdings
Limited.
A by-law to authorize the payment of $1,590,019.30 for General Purposes.
(December 27, 1993).
A by-law to amend By-law No. 70-135, as amended, being a by-law to impose a
sewage service rate.
A by-law to authorize the payment of $548,250.54 for General Purposes. (January
10, 1994).
A by-law to establish rental rates for City Arenas and athletic field lighting.
A by-law to authorize the execution of a Subdivision Agreement with 800460 Ontario
Limited and others respecting the Bellview Estates, Plan 2 Subdivision.
A by-law to authorize the construction of certain works as local improvemeats under
Section 7 of the Local Improvemeat Act.
The motion Carried with Aldermen Germano, Hendershot, Janvary, and Susin abstaining from the
vote on By-law No. 94-13 on conflicts of interest previously noted; Alderman Germano abstaining
from the vote on By-law No. 94-14 on a conflict of interest previously noted; Aldermen Cowan,
Craltar, Cummings and Sherar abstaining from the vote on By-law No. 94-15 on eon~icts of interest
previously recorded; Alderman Orr voting contrary to By-law No. 94-04; Aldermen Craltor, Off,
Sherat and Sasin voting contrary to By-law No. 94-09; Aldermen Craltor and Sasin voting contrary
to By-law No. 94-10; Aldermen Susin abst~ininE from the vote on Byqaw No. 94-16 on a conflict
of interest; and with all others voting in fayour.
A by-law to authorize the payment of $12,844,463.04 for General Purposes.
(December 20, 1993).
94-15
A by-law to authorize the payment of $1,590,019.30 for General Purposes.
(December 27, 1993).
A by-law to authorize the payment of $548,250.54 for General Purposes. (January
10, 1994).
94-16
A by-law to authorize the execution of a Subdivision Agreement with 800460 Ontario
Limited and others respecting the Bellview Estates, Plan 2 Subdivision.
The motion Carried with Aldermen Germano, Hendershot, Janvary, and Susin abstaining from the
vote on By-law No. 94-13 on conflicts of interest previously noted; Alderman Germano abstaiulng
from the vote on By-law No. 94-14 on a conflict of interest previously noted; Aldermen Cowan,
Craitor, Cummings and Sherar abstaining from the vote on By-law No. 94-15 on conflicts of interest
previously recorded; Alderman Orr voting contrary to By-law No. 94-04; Aldermen Craitor, Orr,
Sherat and Sasin voting contrary to By-law No. 94-09; Aldermen Craitor and Snsin voting contrary
to By-law No. 94-10; Alderman Susin abstaining from the vote on By-law No. 94-16 on a conflict
of interest; and with aH others voting in fayour.
NEW BUSINESS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that thei [_-~____,~s of Colmnamla~ons
following by-laws be now read a second and third time:
94-01 A by-law to amend By-law No. 89-155 and adopt a Schedule of Meetings. i ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that .letters
~ of congratulations be forwarded from the Mayor's Office to the individuals involved in the Festival
of Lights and to Mr. Yerich from the SkyIon Tower. Carried Unanimously.
94-02 A by-law to provide for Appointments to Certain Boards, Commissions &i
Committees.
...9 ...10
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Rdecafion of Cout~ House
Alderman Pat Cummings discussed the issue of the Court House relocating to the Niagara
Farms location and referred to a sign posted on the building indicating that a new grocery outlet
would be situated there and requested further information on the matter.
KinL, sbrid~ Parit
Alderman Pal Cummings referred to discussions at the Niagara Parks Commission meeting
dealing with the elimination of the beach in Chippawa and the subsequent installation of a wading
pool. Following further discussions, it was ORDERED on the motion of Alderman Ward, seconded
by Alderman Orr, that Council condemns the removal of the beach in Chippawa and that a meeting
be scheduled with the Niagara Parks Commission for further discussion on the matter. Carried.
Unanimously.
Letter of Condolem~
ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that a letter of
condolence be forwarded to the family of the late Frederick Cade, owner of the Cairncroft Hotel
and a well-respected citizen of the community. Carried Unauimonsly.
ORDERED on the motion of Alderman Germann, seconded by Alderman Craltor, that Council
endorses the petitions, and that the matter be referred to staff with respect to keeping the Oakes
Park Walking and Running Track open during the Winter. Carried Unanimonslv.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that staff be
authorized to investigate the matter of high gas prices in Niagara Falls. Carried Unaalmonsiv.
*****
ORDERED on the motion of Alderman Puttick, seconded by Alderman 0rr, that the meeting be
adjourned, Cai'ried Unanimonslv.
READ AND ADOPTED,
SECOND MEETING
COMMITTEE OF THE WHOLE
Conunittee Room #2
January 17, 1994
Council nmt on Monday, January 17, 1994 at 6:05 p.m. in Committee of the Whole. All
members of Council, were present. Alderman Headershot presided as Chairman.
Following consideration of the items presented, the Committee of the Whole arose to report in
open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSOII4
PLANNING MEETING
Council Chambers
January 17, 1994
Council met on Monday, January 17, 1994 at 7:30 p.m. for the purpose of considering Planning
Matters and Regular Business. All members of Council, were present. His Worship Mayor Thomson
presided as Chairman. Alderman Hendershot offered the Opening Prayer.
PRESENTATIONS
Prior to dealing with Planning Matters, His WOrship Mayor Thomson congratulated and presented
a token of appreciation to Brandon Convery, Centre on the Niagara Falls Thunder hockey team and
member of the winning 1994 Gold Medal Canadian Jr. Hockey Team on behalf of Council and the
citizens of Niagara Falls for his outstanding efforts.
Alderman Pat Cummings advised that Brandon had been traded to Belleville and Mayor Thomson
wished Brandon well in his career and future endeavours.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Headershot and Janvary indicated a pecuniary interest on Report F-94-04, Cheque No.
000109, because the recipient is their employer.
Alderman Cummings indicated a pecuniary interest on Report F-94-04, Cheque No. 93245,
because his wife is employed by the company.
Aldermen Sherar and Cummings indicated a pecuniary interest on Report PD-94-03, because
Acres was involved in the project.
...2
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-3 -
PLANNING MATTERS
PD-94-08 - Chief Administrative Officer - Re: Zoning by4aw Amendment Application AM-19/93,
1032514 Ontario Limited (D. DiCienzo) 4608 Bender Street. The report recommends that Council
support the passing of a temporary use by-law to permit the erection of a large tent for the purpose of
holding a food and entertainment event on a weekend between May 15 and June 15 for the next three
years, being 1994, 1995 and 1996 and that the tern be permitted to be erected without providing required
parking on the same site.
-AND-
Communication No. 12 - Regional Niagara, Servicing Review & Approvals Department. The
communication advises as having no objections to the temporary use by-law permitting the erection of
a large tent on the existing parking area of the Skyline Brock Hotel.
His Worship Mayor Thomson declared a conflict of interest on the matter and left the Chair.
Alderman Kim Craitor assumed the Chair and declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notices of the Public Meeting had been forwarded by mail to all
owners and persons assessed as of land within 120 meters of the subject lands on December 17, 1993.
Acting Mayor Kim Craitor received indication that Mr. Dante MarineIll, was in attendance on
behalf of the applicant; and received a negative response to his request for a show of hands by persons
present who were iracrested in the application. He requested that all persons wishing to receive further
notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the
meeting.
The Director of Platoring and Developmere referred to the subject property with the assistance
of posted sketches and reviewed the following information included in Technical Report No. PD-94-06;
Proposal; Nature of the Amendment; Background; Nature of the Requested By-law; Site Plan Control
and the Public Notification Process.
Acting Mayor Kim Craitor received a negative response to his request for comments from
persons, other than the applicant or his agent, in support of the application, and received a negative
response from persons opposed to the application.
Mr. Dante MarineIll advised that the application was "specific in nature" with the event scheduled
for June 4, 1994 weekend; he stated there would be no vehicle traffic problems as the individuals
attending the evem would be arriving by chartered buses and requested that Council support the
application.
Since no further comments were forthcoming, Acting Mayor Kim Craitor declared the Public
Meeting with regard to Application AM-19/93 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
correspondence be received and filM. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be
received and adopted. Carried Unanimously.
His Worship Mayor Thomson resumed the Chair.
Following some discussion, it was ORDERED on the motion of Alderman Germano, seconded
by Alderman Cummings, that the matter be referred to staff regarding how future events can be
accommodated without having to go through the process again. Carried Unanimously.
...3
PD-94-09 - Chief Administrative Officer - Re: Zoning By-law Amendment Application, AM-21/93,
Pinecove Development Limited (J. Curielip); Part of Block 2, Plan 59M-95, East Side of Alex
Avenue. The report recommends the following:
That Council support the application to amend the City's Zoning By-law to permit five proposed
building lots to be developed with single-detached dwellings;
That the amending by-law not include a modified front yard setback, as Council has already
approved of a similar provision in a recent general updating of the Zoning By-law;
That the applicant be required to identify the area where the majority of the trees are to be
preserved and protected at the time of preparation of the lot grading plan.
-AND-
Comraunication No. 13 - Regional Niagara, Servicing Review & Approvals Department. The
communication advises as having no objections to the rezoning from Tourist Con~nercial to Residential
Single Family Zone in order to permit the creation of 5 single detached lots.
His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be
followed under the Planning Act.
The City Clerk advised that the Notices of the Public Meeting had been forwarded by mail to
owners and persons assessed as of land within 120 meters of the subject lands on December t7, 1993.
His Worship Mayor Thontson received indication that the applicant, Mr. Joe Cuviello was in
attendance; and received a positive response to his request for a show of hands by persons present who
were interested in the application. He requested that all persons wishing to receive further notice of the
passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development referred to the subject property with the assistance
of posted sketches and reviewed the following information included in Technical Report No. PD-94-04;
Proposal; Nature of the Amendment; Background; Physical Assessment; Nature of the Zone Change and
the Public NotifiCation Process.
His Worship Mayor Thomson received a negative response to his request for comments from
persons, other than the applicant or his agent, in support of the application, and received a negative
response 'from persons opposed to the application.
Mr. D. Carlow, 7236 Alex Avenue, questioned whether traffic lights would be installed at
McLeod Road and Alex Avenue.
The Director of Municipal Works advised that it would be unlikely that traffic lights would be
provided.
Concerns were expressed regarding the maintenance and preservation of tile trees that are situated
on the property.
Mr, Joe Cuvielio indicated that the majority of the trees on the property would be maintained
and preserved.
Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public
Meeting with regard to AM-21/93 closed.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that the correspondence
be received and filed. Carried Unanimously.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the report be received
and adopted. Carried Unanimously.
...4
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-5-
PD-94-01 - Chief Administrative Officer - Re: Proposed Plan of Subdivision; File No. 26T-93011
Wiiliam's Subdivision; River Realty De~,elopment (1976) Inc. The report recommends that the
Planning Department be authorized to process the application for the William's Subdivision, and that a
subsequent report be prepared for Council's consideration based on the information received from various
agencies, City departments and the public.
His Worship Mayor Thomson advised that the purpose of the meeting was to provide the
developer an opportunity to inform Council and the public about the proposed subdivision and to receive
public input.
Stewart Branscombe, informed that the proposal was for the development of land for single-
detached dwellings, located along the south side of Weinbrenner Road between Sodore Road and
Willoughby Drive and along a portion of the west side of Willoughby Drive south of Weinbrenner Road.
The Director of Planning and Development discussed the process to be followed which included
the holding of a public information meeting; the holding of a public meeting; zoning by-law amendment;
a matter of subdivision approval and the zoning by-law.
His Worship Mayor Thomson received a positive respome to his request for a show of hands by
persons present who were interested in the application. He requested that all persons wishing to be kept
informed on the progress of the William's Plan of Subdivision submit their names and addresses to the
Clerk prior to leaving the meeting.
Nancy Angle, 4143 Campbell Avenue, expressed the following concerns: the issue of sewer
problems in Chippawn; the type of road that would be provided; the lot size of the proposed development;
services to be provided; and street lighting.
The Director of Municipal Works advised that the road would be a curb and gutter and asphalt
road going to Sodom Road.
The Director of Planning and Development advised lot sizes on the north side would be 60 - 70
feet and 40-50 foot lots on the south side.
/tHan Roach, 4042 Monteaim Crescent, expressed concerns regarding vandalism when
Weinbrennar Road becomes an access road; questioned the provision of fencing around the park.
Andtea Jahns, 4085 Monteaim A~'enue, expressed concerns regarding stop signs and traffic
lights in the area.
The Director of Municipal Works advised that traffic control devices would be looked into.
Dorothy Fleming, 4132 Campbell Avenue, expressed concerns regarding on the street parking
near her property.
Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public
Meeting with regard to AM-21/93 closed.
ORDERED on the motion of Aldennan Hendershot, seconded by Alderman Fisher, that the report be
received and adopted. Carried Unanimously.
MISCELLANEOUS PLANNING MATTERS
PD-94-03 - Chief Administrative Officer - Re: Amendment to the Niagara River Hydro-Electric
Environmental Assessment. The report recommends that the City advise the Ministry of Environment
and Energy that it has no adverse comments on the amendment to the Environmental Assessment for the
Niagara River Hydro-Electric Project.
ORDERED on the motion of Alderman Susin, seconded by Alderman Craitor, that the report be received
and adopted. The motion Carried with Aldermen Cummings and Shetar abstaining from the vote on a
conflict of interest previously noted and with all others voting in fayour.
...5
PD-94-05 - Chief Administrative Officer - Re: Appointment of Council Members for the Conunittee
of AdjusUnent. The report recommends that two members of Council be appointed to the Committee
of Adjustment for the year 1994, and that the Constituting By-law be approve&
ORDERED on the motion of Alderman Germane, seconded by Alderman Ward, that the report be
adopted for this year and further that the matter of appointments to the Cmnmittee of Adjustment and the
Niagara Parks Commission be referred to a sub-committee for review and that a report be brought back.
Carried UnanimousIv.
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
Alderman Susin requested that the Minutes of the Regular Council meeting of January 10, 1994
be amended to indicate he was opposed to Cheque Nos. 92375 and 92376 being the Education Levy to
the School Boards; and that he had abstained from By-law No. 94-16 on a conflict of interest because he
had performed some work in the area.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that the minutes of
the Regular Council meeting of January 10, 1994 be adopted. Carried Unanimously..
UNFINISHED BUSINESS
C-94-01 - Chief Administrative Officer - Re: Procedure related to Questions by Council Members
about the Municipal Accounts By-law. The report recommends that the information in this report be
received by Council.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Puttick, that the report be
received and filed. Carried Unanimously.
COMMUNICATIONS
Communication No. 14 - Town of Fort Erie, Clerk's Office - Re: Proposed Regional Increases; 1994
Sewer and Water Rates. The communicat!on requests Council support for 1) that Council of the
Regional Municipality of Niagara be requested to maintain 1994 treatment costs at 1993 levels; and that
2) the Council of the Regional Municipality of Niagara be requested to implement 1995 and successive
years a formal consultative process with all area municipal councils in the delivery of water production
and sewage treatment services.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Shetar, that the matter be
referred to staff for a report. Carried Unanimously.
Communication No. 15 - Heart & Stroke Foundation of Ontario, Niagara Falls Chapter - Re:
Proclamation. The communication requests Council proclaim February, 1994 as "Heart and Stroke
Month"; and advises that there will be a flag raising ceremony on February 1, 1994 at 9:30 a.m. at City
Hall.
ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the request be
approved subject to established policy. Carried Unanimously.
Communication No. 16 - Baton Broadcasting, Gerry Roehen - Re: New Year's Celebrations. The
communi.cation provides information regarding the coverage of this past New Year's Eve celebrations and
future events over the next four years.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the
communication be received and filed for the Information of Council; and further that a letter of
congratulations be forwarded from the Mayor's offtee to Serge Felicetti for his involvement in the Winter
Festival of Lights. Carried Unanimously.
...6
Communication No. 17 - pharmacists in Support of Bill 119 - Re: Tobacco Control Act. The
communication expresses support of the Ontario College of pharmacists for legislation to terminate the
sale of tobacco products in Ontario pharmacies.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Susin, that the communication
be received and filed for the Information of Council. Carried Unanimously.
Communication No. 18 - Information Niagara - Re: Grant Allotment. The communication requests
Council review their decision and grant Information Niagara more than the $12,000 allotted in their 1994
municipal grant.
Following some discussion, it was ORDERED on the motion of Alderman Janvary, seconded by
Alderman Hendershot, that the individuals from Information Niagara be invited to address the Finance
Committee. The motion was Defeated with the following vote:
AYE: Aldermen Cununings, Craitor, Germane, Hendershot, and Janvary.
NAYE: Aldermen Cowan, Fisher, Puttick, Sherat, Susin and Ward.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Ward, that the communication
be received and filed. The motion Carried with the following vote:
AYE: Aldermen Cowan, Fisher, Puttick, Shetar, Susin and Ward.
NAYE: ' Aldermen Cummings, Cruller, Germane, Hendershot, and Janvary.
Canununication No. 19 - United Way, Niagara Falls - Re: Information Niagara Grant Allotment
Appeal. The communication indicates support of the appeal submitted by Information Niagara regarding
their 1994 mmricipal grant.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the conununication
be received and filed for the Information of Council. The motion Carried with Alderman Hendershot
voting comrary to the motion and with all others voting in fayour.
REPORT.____.__~S
11-94-01 - Chief Administrative Officer - Re: The Buildings & Inspections Department Report for
December, 1993. The report recommends that this report be received and filed.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received
and filed. Carried Unanimously.
2. That the Oakes Park Track be posted "Track Closed December to March".
ORDERED on the motion of Alderman Cmmnings, seconded by Alderman Cowan, that the report be
received and adopted and further that a copy of the report be forwarded to all the petitioners. Carried_
Unanimously.
F-94-04 - Chief Administrative Officer - Re: Municipal Accounts. The report recotnmends that the
accounts totalling $1,320,061.27 for the period ending January 17, 1994, be approved by the passing of
the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Puttick, seconded by Aldermm~ Craitor, that the report be
received and adopted. The motion Carried with Aldermen Curinnings, Hendershot and Sherat abstaiomg
from the vote on conflicts of interest previously recorded and with all others voting in favour.
See B~y_-law No. 94-19
RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowao, that the actions taken
on the following matters by the Municipal Works Committee, earlier this evenlog, be approved. ~
Adoption of the Minutes of the Jmmary 10, 1994 meeting;
Report MW-94-11 - Development in Chippawa - that Report MW-94-11 be approved as
amended: 1) That the concept of permitting development to proceed in Chippawa's "Future
Development Area" be approved subject to an upset limit of two hundred and fifty (250) units,
subject to a positive report by CH2M-HILL; 2) that staff be directed to continue and accelerate
the Infrastructure Needs Study Remedial Measures Program; 3) that the sewer system continue
to be monitored and that further approvals be dependent on further flow reductions; 4) that
Mountainview Homes be requested to withdraw their referral request on the City's Official plan
as it relates m Schedule "B" Phasing of Development; 5) that Development proposals continue
to be processed through the Planning approval steps but that they be subject to completion of a
verifying Consuftant's (CH2M-HILL) Report. - Alderman Shirley Fisher declared a conflict of
interest because she owns property abutting property next to proposed development.
Carried.
R-94-01 - Chief Administrative Officer - Re: Promenade for the Arts Stamp Acknowledging Support
from Canada Post Corporation. The report recommends that Council approve a message on the City's
postage Stamp machine, to appear on all correspondence leaving City Hall for a two month period to
acknowledge the support of Canada Post Corporation for its assistance in presenting the 1993 Promenade
for the Arts.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherat, that the report be
received and adopted. Carried Unanimously.
R-94-02 - Chief Administrative Officer - Re: Niagara Falls Memorial Arena Spectator Seating. The
report recommends that staff be authorized to issue a Purchase Order for 1600 used arena seats to
Bradham Petroleum Company at a cost of $20,000 U.S. funds.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be
received and adopted. Carried Unanimously.
R-94-04 - Chief Administrative Officer - Re: Oakes Park Track Petition to the City of Niagara Falls.
The report recommends the following:
1. That the residents requesting the use of Oakes Park Track in the winter months be directed to the
"In Step at the Square" Program offered at Niagara Square;
...7
CD-94-04 - Chief Administrative Officer - Re: City of Niagara Falls Recreation Commission. The
report recommends that Council appoint Mr. W.A. (Buck) Hinsperger to fill the vacancy that has
occurred on the City of Niagara Falls Recreation ConLmission due to the resignation of Mrs. Cindy
Andrews and that the Appointment be confirmed by the passage of a By-law this evening.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be received
and adopted and further that a letter be forwarded to Mrs. Cindy Andrews from the Mayor's Office
thanking .her for her participation on the Recreation Commission. Carried Unanimously.
See B-law No. 94-17
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the actions taken
on the following matters by the Committee of the Whole, earlier this evening, be approved.
1. That the tax sale of Maple Leaf Village continue - His Worship Mayor Thomson declared a
conflict of interest on the matter;
2. That the survey to determine the feasibility of casinos be carried out.
The motion Carried with Alderman Sherat voting comrary to the motion on the feasibility study and with
all others voting in fayour.
-8-
-9-
BY-LAWS
ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that leave be granted
to introduce the following by-laws, and the by-laws be read a first time:
94-17 A by-law to provide for Appointments to Certain Boards, Commissions & Committees.
(Recreation Commission)
94-18 A by-law to amend By-law No. 6328, 1963, as amended, being the Plumbing By-law.
94-19 A by-law to authorize monies for General Purposes (January 17, 1994).
The motion Carri~ with Aldermen Cummings, Hendershot and Janvary abstaining from the vote on By-
law No. 94-19 on conflicts of iracrest previously noted and with all others voting in fayour.
ORDERED on the motion of Alderman Fisher, seconded by AMennan Janvary, that the following by-
laws be now read a second and third time:
94-17 A by-law to provide for Appointments to Certain Boards, Commissions & Conunittees.
(Recreation Commission)
94-18 A by-law to amend By-law No. 6328, 1963, as amended, being the Plumbing By-law.
94-19 A by-law to authorize monies for General Purposes (January 17, 1994).
The motion Carried with Aldermen Cummings, Headershot and Janvary abstaining from the vote on By- '
law No. 94-19 on conflicts of interest previously noted and with all others voting in layout.
NEW BUSINESS
On Street and Overniltht Parkiw,
Alderman Gary Hendershot requested clarification regarding on-street and overnight parking
particularly during the time when snowploughs are in operation and who enforces it.
His Worship Mayor Thomson advised that there is no overnight parking and on-street parking
allowed on city streets.
ORDERED on the motion of Alderman Headershot, seconded by Alderman Fisher, that Mayor Thomson
cornact the Police department regarding stronger enforcement and indicating that this is a priority and
safety issue. Carried Unanimously.
Photo Identification
Alderman Pat Cummings referred to correspondence from Mrs. D.C. Fillion and forwarded to
the Niagara South Board of Education's Transportation Department expressing her concerns regarding
photo identification of school bus drivers.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that proper
identification be provided to all school bus drivers. Carried Unanimously.
Thunder Bay Lotter~
Alderman Pat Cummings referred to an article in "Municipal World" regarding the formation of
the Thunder Bay Lottery Corporation which runs weekly lotteries on behalf of charitable, non-profit, local
organizations and requested that the matter be looked into.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the Director
of Community Services obtain fuRher infonnation. regarding the Thunder Bay Lottery. Carried
Unanimously,
...9
Ontario Good Roads Conference
Alderman Margaret Germano referred to the upcoming Ontario Good Roads Conference and
requested that the Mayor attempt to meet with the Minister in charge of Transportation and discuss the
situation in Niagara Falls.
Medium-Security Facility
Alderman Ed Sherar requested further information regarding the meeting between Mayor
Thomson and the Solicitor General Herb Gray.
His Worship Mayor Thomson advised that a brief had been presented to Solicitor General Herb
Gray to reconsider the decision to build a medium-security facility in Muskoka and to build the facility
in Niagara Falls. Mayor Thomson indicated such a facility would provide an opportunity for jobs in the
community and that he would keep Council informed of the developments.
It was moved by Alderman Ward, seconded by Alderman Cummings, that the meeting be
adjourned. Carried Unanimously. ~
READ AND ADOPTED,
MAYOR WAYNE THOMSON
m
THIRD M!~.ETING
COMIValTEE OF THE ValOLE
Committee Room #2
January 24, 1994
Council met on Monday, January 24, 1994 at 7:15 p.m. in Conmtittee of the Whole. All
members of Council, with the exception of Alderman Puttick, were present. Alderman Cummings
presided as Chairman.
Following consideration of the items presented, the Committee of the Whole arose to report
in open session.
MAYOR WAYNE THOMSON
REGULAR COtINCH, MEETING
Council Chambers
January 24, 1994
Council met on Monday, January 24, 1994 at 7:30 p.m. for the purpose of considering
Regular Cmmcil Business. All members of Council, with the exception of Alderman Puttick, were
.. present. His Worship Mayor Thomson presided as Chairman. Alderman CHrnrnlnEs offered the
Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
Minutes of the planning/Regular Meeting of January 17, 1994 be adopW. d. Carried Unanimously.
DISCLOSURES OF PECUNIARY/NTEREST
Alderman Hendershot indicated a pecuniary interest on Report HR-94.02 and By-law No.
94-21 became a member of his family is employed by the City.
Aldermen Hendershot and Janvary indicated a pecuniary interest on Report F-94.06, Cheque
No. 000371 became the recipient is their employer.
Aldermen Cummings and Sherar indicated a pecuniary interest on Report No. F-94.06,
Cheque No. 000275 because Acres was involved.
Alderman Cummings indicated a pecuniary interest on Report Nos. CD-94.05; CD-94.06;
CD-94-07; CD-94-08 because he is a member of a group which conducts lotteries.
Alderman Susin indicated a pecuniary interest on Report No. F-94-06, Cheque No. 000302,
because his son is a volantecr firefighter; and indicated a pecuniary interest on Report MW-94-17
and By-law Nas. 94-26 and 94-27, because he performed some work on the project..
Alderman Ward indicated a pecuniary interest on Report F-94-06, Cheque No. 000270
because he is a shareholder in the company.
DEPUTATIONS
Sunday Evening Late Night Bimzo
Mr. Dante Marindli, Solicitor, addressed Councfi on behalf of Mr. Joe Moretta, Monte
Carlo Bingo, provided a summary of the circumstances leading to the request of reducing Sunday
Evening Late Night Bingo events from two to one; outlined his client's position regarding Sunday
night events and indicated that Mr. Moceila did not make any representation to Council as he was
of the view that the Shamrock Club would hold it's Sunday event to the Monte Carlo Bingo hall but
failed to hunour its commitment to Mr. Moretta.
Mr. Pat Ktqly, Shamrock Boxin~ Club, provided his version of the events which lead to the
request of the Sunday late night events to he rotated between Niagara Strings Inc. and the
Shamrock Boxing Club; indicated that they were in the business of getting enough money to operate
their charities and requested that Councjl "do the right thing" in the interest of the charities.
Mr. Jolm McEriaa, Area Manager, Bingo Cmnm-y, indicated that it was the contention of
Bingo Country that the event calendar remain to allow one event on Sunday evening in the late time
slot as the numbers speak for themsalves and show a profitable event.
Mr. JoeMo_ref. a; Monte Carlo Bingo, expressed concerns regarding statements made by Mr.
Pat Kelly and advised that the Shamrock Boxing Club had failed to hunoar its commitment to him
to hold its Sunday event at the Monte Carlo Bingo hail.
Mr. John Szoke, Niagara Sh-ings Inc., advised that there had been a verbal agreement
between Niagara Strings Inc. end the Shamrock Boxing Club to alternate Sunday !ate night bingo
events, but hidieated that Niagara Strings Inc. would abide by Council's decision.
Mr. MarineHi informed that the reason to amend the events calendar had been based on the
Shamrock Boxing Club's moving their event to the Monte Carlo Bingo Hall and indicated that had
there not been an agreement, there would not have been the consent to Council to request the
amendment. Mr. MarineHi advised Council had the authority to put the Event Calendar back to
the condition it was in prior to July, 1993.
The City Clerk advised that a liceasee or group who holds the license for a bingo event was
at liberty to take the event to any registered bingo h~ll providing the hall did not have another event
Dsnning ill the same time slot.
The Lottery Licenee Inspector advised that while some profits had been realized with two
events per week, one event proved to be more profitable and that .there did not seem to be any
significant detriment to either hall.
-AND-
Repofi CD-94-M -Chief ~d.~i,a~ative OWKer -Mu~kipal Bingo Calendar of Evems - Review of
Sunday gvea~ Late Night Ttid Adjustment. The report recommends that the bingo event
calendar remain as adjusted to show for one event on Sunday evening in the late night time slot,
as recommended in Report CD-93-6S.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, to defer the
decision and request staff to meet with the parties involved and attempt to negotiate a set~ement.
The motion Carried with Alderman Cummings abstiiininou from the vote on a conflict of interest 'and
with all others voting in fayour.
ORDERED on the motion of Aldermen Hendershot, seconded by Alderman Cowan, that the
correspondonce he received .end fried. Carried Unanimously.
COMMUNICATIONS
Cotnmu!lie~llou No. 20 - Regional Niagara, planning end Devdopment Department - Re: Changes
to Quarry Liceace Port Colberne Quan'ies IAd. The communication indicates Regional Niagara's
concerns over the lack of municipal and agency involvement in the preparation and review of
replacement licence site plans as required under the Aggregate Resources Act.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the matter
be referred to staff. Carried Unanimously.
. Commmdcafion No. 21 - The Regional Municipality of Niagara - Re: Third Annual Regional Open
House. The communication invites Council to the Third Annual Open House to take place at
Regional Headquarters on February 6, 1994 from 2:00 - 4:00 p.m.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the
communication be received and ~ed for the information of Council. Carried Unanimously.
REPORTS
B-94.02 - Chief Administrative Officer - Re: Site Plan Approval, Proposed 24-Unit Townhouse
Devdolmient Monastery Drive; Site Plan Control - SPC-94.01. The report recommends the
following:
That Council approve the above subject Site Hun for a proposed townhouse development
pursuant to Section 41 of the Planning Act, comprising of the Site Plan being drawing No.
6879-SP, the site servicing and grading plan being Drawing No. 6789-SS and the landscape plan
being Drawing No. 6879-LS.
2. That Council pass the by-law on tonight's agenda that amends By-law 80-114 designating a fire
route for the above subject development proposal as shown on the attached plan and the display
plen.
ORDERED on the motion of Aldennun Cummings, seconded by Aldermen Headershot, that the
report be received and adopted. Carried UnanimoaslV.
See By-law No. 94-20
M'vV-94.17 - C!dd ~dmint~41'afive Officer - Re: Release of Facemeats in Belleview Estates Plan 1
and Belleview Estutel Plan 2 Subdivision. The report recommends the following:
1. That the City release its easement rights over Part 3, Plan 59R6720 as described in Instrument
No. 20968B.
2. That the City release its easement rights over Part 18, Plan 59R8034.
3.. That the City establish en easamant for the purpose of storm drainage over Part 2, Plan
59R8683.
4. That the City release its easement rights over Part 17, Plen 59R8034.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the report
be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on
a conflict of interest previously noted and with all others voting in favour.
See By-law No. 94-26
See By-law No. 94-27
RATIFICATION OF MUNICIPAL WORKS COMSu'rr~a~ ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the actions
taken on the following matters by the Municipal Works Committee, earlier this evening, be
approved.
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Adoption of the Minutes of January 17, 1994 Municipal Works Committee meeting;
M~V-94-09 - lsmidpafion in the "On Site" Employment Program - that one employee be hired
through the "On Site" Employee Program to assist in the City's Waste Reduction Program at
an estimated cost to the City of $2,600 for twenty-six (26) weeks - Alderman Craitor declared
a conflict of interest because it involves a program relating to his place of employment;
3. lVlV~-94-13 - Chippawa Standp/pe - that Report MW-94-13 be received and f'ded for
information;
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M'vV-94.14 - Changes to the Blue Box Recycling Program - that 1) the addition of boxboard
(beginning April 4, 1994) and old corrugated cardboard (subject to truck capacity) to the
Residential Blue Box Recycling Program, be endorsed; and 2) the change to Bi-Weeldy
Collection for the residential Blue Box Recycling Program (beginning after April 4, 1994) be
endorsed - Alderman Paisley Janvary opposed;
MW-94.15 - Blue Box CoHeclinn Program - One year Extrusion Agreement with Niagara
Re~Teling - that authorization be granted to a One Year Extension (to March 31, 1995) to the
Agreement between the Niagara Municipal Recycling Club and Niagara Recycling for the
Collection of Residential Blue Box Rceydables - Chairperson Alderman Gary Hendershot asked
that R be recorded that his vote be noted as "in fayour" to the motion - In Favour - 6; Opposed
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MYIr-94-12 - Snowplowing - Area 3 Parl~ne~ Lots Qumation 5-94 - that 1) Ken Warden
Construction be awarded the Quotation for the Supply of Services for snowplowing of parking
lots designated in Area 3; and 2) that the By-law appearing later on Cotmcil's agenda, be given
the necessary readings;
Information Itt~nt.~ - 1) Rye:son & Eastwood Crescents - PubBc Information Ses~inn;
2) Ellen & Magdalen Streets - Public Information Session; 3) 1994 Project Schedule
4) Retaining Wall on Oakes Drive; 5) Municipal Blue Box Programs get FBnding Extension -
that the Information Items be received and flied for information.
Carried
See By-law No. 94-33.
PD-94.11 - Chief Ada~nistrative Officer - Re: Draft Provitwinl Legislation Bill 120; Residential
Rights Act. The report recommends that this report be adopted and subn~tted to the Standing
Committee on General Government as the comments of the City of Niagara FalLs.
Concerns were expressed regarding the window size, new building code standards; direct outside
access in basement apartments in residential homes.
The Deputy plannning and Development Director advised that under the new legislation,
basement apartments could be built in any existing single family subdivision and that apartments
could be put into basement townhouse units; advised that the municipality did not wish to see
amendments to the fire code; and wished to maintain the right to set municipal standards. He
indicated that ff the act came into place, the municipality would not have the authority to stop these
type of dwellings.
The Fin Chief advised that the following concerns respecting basement apartments were being
expressed: they should be registered; should have direct access; they should be built according to
codes; the fire department should have the power to inspect the premises to ensure they meet all the
standards; should have inter-connected smoke alarms and they should be stric~y regulated.
Mr. Bill ~ stated that the Ontario Residential Care Association which is involved with
the running of private, retirement centers and nursing homes are involved in protasting the
tremedons sweep of this proposed legislation. He indicated that there seemed to be a lack of
communication with municipal councils, firefighting organizations, police and industry that looks
into residential care dealing with seniors. Mr. Smenton requested that his group meet with Planning
staff, the Mayor and Council to discuss their concerns prior to meeting with the committee at
Queens Park.
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Alderman Shirley Fisher indicated that she wished to attend the meetings ~vith staff and Mr.
Smeaton's group.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that the report
be referred to staff to meet with interested groups for further input. Carried Unanimons!y.
R-94-05 - Chief Administrative Officer - Re: pI'OpaI~,~mnmOllia l~tecijon Systr. ntt: at Niagara Falls
and Chippawn Willoughby Memorial Arenas - Tender #15-93. The report reconmlends that E.S.
Fox Ltd. be awarded the contract to install a propane/ammonia detection system at the Niagara
Falls and Chippawa Willoughby Memorial Arenas.
ORDERED on the motion of Alderman Ward, seconded by Alderman Snsin, that the report be
received and adopted. Carried Unanimously.
HR-94-02 - Chief Adminiltrafive Officer - Re: Amended Collective Agreement between the
Corporation of the City of Niagara Falls and the Canadian Union of Public F~nployees and its Local
133. The report rceoam:ends that Council ratify the amended Collective Agreement between the
Corporation of the City of Niagara Falls and the Canadian Union of Public Employees and its Local
133 for 1994 by passing the by-law appearing on tonight's agenda.
ORDERED on the motign of Alderman Ward, seconded by Alderman Craitor, that the report be
received and adopted. The motion Carried with Aldermen Cummings and Orr voting contrary to
the motion and Alderman Hendershot abstaining from the vote on a conflict of interest previously
noted and with all others voting in favour.
See By-law No. 94-21
F-94-05-Chief Administrative Officer- Re: Intexim Levy of Realty Taxes. Tile report recommends
that Council approve a by-law to provide for an interim tax levy of realty taxes.
ORDERED on the motion of Alderman Cunmdngs, seconded by Alderman Sherar, that the report
be received and adopted. Carried Unaulmonslv.
See By-law No. 94-29
F-94-06 - Chief Adminbltrafive Officer - Re: Municipal Accounts. The report recommends that the
accounts totalling $1,883,229.10 for the period ending January 24, 1994, be approved by the passing
of the by-law appearing later on the agenda.
Further information was provided on Cheque No. 000317.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the report be
received and f'ded. The motion Carried with Aldermen Cummings, Hendershot, Janvary, Sherar,
Sasin and Ward abstaining from the vote on conflicts of interest previously noted and with all
others voting in favour.
See By-law No. 94-30
1,-94-01 - Chief Administrative Offiee~ - Re: Lic~nce Agre~nent to Vann Outdoor Advertising Part
of Gladstone Avenue on Regi~.ered Plan No. 35; File No. 93-C4-170. The report recommends the
foliowing:
1. That the existing Hcence agreement with Niagara Plumbing Supply Company, Limited be
terminated;
2. That the City enter into a licence agreement with Vann Outdoor Advertising to use part of
Gladstone Avenue on Registered Plan No. 35 for parking and the erection of one advertising
sign upon certain terms and conditions.
ORDERED on the motion of Alderman Cununjngs, seconded by Alderman Hendershot; that the
report be received and adopted. Carried Unanimously.
See By-law No. 94-28
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L-94-04 - Chief Administrative Officer - Re: The Establishmeat of Part of Township Lot 43 as part
of Swayze Drive; File No. 92-C2-117. The report recommends that Part of Township Lot 43 in the
former Township of Stamford, designated as part 1 on Reference Plan 59R-1490 be established as
a pobHc highway to be known as Swayze Drive.
ORDERED on the motion of Alderman Hendershot, seconded by Aideman Cummings, that the
report be received and adopted. Carried Unanimously.
See By-law No. 94-23
L-94-05 - Chief Administrative Officer - Re: The Establishment of pafi of Township Lot 181 in the
former Township of Stamford as par of Garner Road; File No. 91-B3-028. The report reconunends
that Part of Township Lot 181 hi the former Township of Stamford, designated as parts 3 7 4 on
Reference Plan 59R-8402, be established as part of a public highway, known as Garner Road.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report
be received and adopted. Carried Unanimously.
See By-law No. 94-22
CD-94-03 - Chief Administrative Officer - Re: Redm:~on and Refund of Taxis, Section 443 of the
Municipal Act an Property #1 - 4525 Queen Sireel, 27 25 010 005 09500 0090; Property #2 - 8860
Luady,s Lane, 27 25 100 006 04000 0010; Propecty/~-6586Kulm Cresa~t, 27 25 090 007 0640 0;
Property #4 - Whirlpod Rd, E/Side - 27 25 100 001 00100 0070; Property #5 - 5951 Clark Avenue -
27 25 030 008 08000 0015; Property #6 - 5334 Kitchener St., - 27 25 030 006 05300 0020; Property
r/- 5410 Budtartan Avenue - 27 25 030 0416 001e0 0020; Property gt8 - 5309 Victoria Aveaue - 27
25 020 007 12500 O010; Property #9 - 5001 Victoria Avenue - 27 25 020 007 10500 0030; Property
#gA - 4999 Victoria Avenue - 27 25 020 007 10500 0060; Property #10 - 4846 Ontario Aveaue - 27
25 020 O01 08900 0000; Property #11 - Progress Street, 81Side - 27 25 110 001 10600 0000. The
report recommends the following:
1) That an adjustment of taxes mounting to $786.08 for the year 1991 be made to T. Hodgson
and Co.;
2) That an adjustment of taxes mounting to $6,9687.34 for the year 1992 be made to 895021
Ontario Limited;
3) That a refund of taxes mounting to $327.70 for the year 1991 and a refund of $342.28 for
the year 1992 be made to Mr. Joseph Montemarano;
4) That a refund of taxes amounting to $649.36 for the year 1991 and a refund of $678.27 for
the year 1992 be made to Mr. Joseph PietrangeHo;
5) That an a~ustment of taxes mounting to $1,128.06 for the year 1992 be made to Maria &
Angelo Butera;
6) That an adjustment of taxes mounting to $833.91 for the year 1991 be made to Merani
Enterprises T/A Dennys;
7) That an adjustment of taxes mounting to $1,348.85 for the year 1991 and $1,408.90 for the
year 1992 be made to Kanaria Investments Limited;
8) That an a~mtment of taxes mounting to $590.50 for the y. ear 1990 be made to Bomar
Security & Investigations Limited;
9) That a refund of taxes mounting to $1,544.78 for the year 1991 be made' to Grand Imex
Canada;
9a) That a refund of taxes mounting to $423.79 for the year 1991 be made to Grand Imex
10) That an adjustment of taxes mounting to $468.11 for the year 1992 be made to Mr. Denis
Baichoo;
11) That an adjustment of taxes mounting to $981.94 for the year 1991 and $1,025.62 for the
year 1992 be made to Badalorco Mm~ufacturing Limited.
His Worship Mayor Thontson received a negative response to his question whether there was
anyone in the audience who would be adversely effected by this report.
ORDERED on the motion of Aideman Canunings, seconded by Aldermm~ Cowrob that the report
be received and adopted. Carried Unanimously.
CD-94-06 - Chief Administrative Officer - Re: Lottery Operation in the City of Niagara FalLs (CD-
93-64)/FJigibility PoBcy for Bingo, Break-Open and Monte Carlo Lotteries (C1)-93-66). The report
recommends that Council approve the recommendations in Reports CD-93-63 and CD-93-66.
ORDERED on the motion of Alderman Hendershot, seconded by Aldermint Ward, that the report
be received and adopted. The motion Carried with Alderman Cumn~ngs abstaining from the vote
on a conflict of interest previously noted and with all others voting in favoar.
CD-94-07 - Chief Administrative Officer - Re: Lottery Totals for 1993. The report recommends
that the contents of this report be received and filed for information purposes.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cowan, that the report be
received and filed. The motion _Carried with Alderman Cummings abstaining from the vote on a
conflict of interest previously noted and with all others voting in fayour.
Alderman Craitor indicated that he wished to be on record as being opposed to the GST to
be paid by charitable organizations.
CD-94418 - Chid Administrative Officer - Re: Operation of Provincial Break Open Ticket Lottery.
The report recommends that the contents of this report be received and filed for information
purposes.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the report
be received and filed. The motion _Carried with Alderman Hendershot voting contrary to the
motion and with all others voting in favour.
RATIFICATION OF COMM!ITEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Cowan, seconded by Alderman Cummings, that the actions
taken on the foBowing matter by Committee of the Whole, earlier this evening, be approved.
- Change in O.M.E.R.S. Regulations - that the by-law appearing on tonight's agenda changing the
Normal Retirement Age of the Fire Chief and Deputy Fire Chief to age 65, from age 60, be
:approved. Carried Unanimously.
SeeBy-law No. 94-31
BY-LAWS
ORDERED on the motion of Alderman Ward, seconded by Alderman Snsin, that leave be granted
to introduce the following by-laws, and the by-laws be read a first time:
A by-law to mend By-law No. 80-114, as mended, being a by-law to designate
private roadways as fire routes along which no parking of vehicles shall be
permitted.
94-21
A by-law to authorize the execution of an Agreement with Canadian Union of Public
Employees and its local 133.
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94-26
94-27
94-28
94-29
94-30
94-31
94-32
94-33
A by-law to establish a certain road widening as a public highway. (G3rner Road)
A by-law to establish a certain daylighting triangle, being part I on Reference Plan
59R-1490, as a public highway. (Swayze Drive)
A by-law to mend By-law No. 83-162, being 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.
A by-law to authorize the execution of an agreement to terminate a licence
agreement with Niagara Plumbing Supply Company, Limited, dated January 1,
1977.
A by-law to authorize a Release and Abandonment of Easements or licenses.
A by-law to authorize the acceptance of a Transfer of Easement from 800460
Ontario Limited.
A by-law to authorize the execution of a licence agreement with 842672 Ontario
Limited, carrying on business as Vann Outdoor Advertising.
A by-law to authorize the Interim Levy of Realty Taxes.
A by-law to authorize monies for General Purposes (January 24, 1994).
A by-law to mend By-law No. 6457, 1963, being a by-law to authorize participation
in the Ontario Municipal Employees Retirement System.
A by-law to amend By-law No. 91-125 and 86-215.
A by-law to mend By-law No. 93-254, being a by-law to authorize the execution of
agreements with LaRosa & Carrie Enterprises Ltd., carrying on business as
Dominion Paving Company, Ken Warden Coustrurtion Ltd. and 1006174 Ontario
Inc. for snowplowing.
The motion Carried with Aldermen Cnmruings, Hendershot, Janvary, Sherar, Susin and Ward
abstaining from the vote on By-law No. 94-30 on conflicts of interest previously noted; Alderman
Hendershot abstaining from the vote on By-law No. 94-21 on a conflict of interest previously noted;
Alderman Orr voting contrary to By-law No. 94-24; and Alderman Susin abstaining from the vote
on By-law Nus. 94-26 and 94-27 on a conflict of interest,previonsly noted and with aH others voting
in favour.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cnmmings, that the
following by-laws be now read a second and third time:
A by-law to amend By-law No. 80-114, as mended, being a by-law to designate
private roadways as f'we routes along which no parking of vehicles shall be
A by-law to authorize the execution of an Agreement with Canadian Union of Public
Employees and its local 133.
A by-law to establish a certain road wideninE as a .public highway. (Garner Road)
A by-law to establish a certain daylighting triangle, being part 1 on Reference Plan
59R-1490, as a public highway. (Swayze Drive)
A by-law to mend By-law No. 83-162, being a by-law to provide for the constitution
of a Committee of Adjustment for the City of Niagara Falls and the appointment of
Meml~rs of the Committee.
94-26
94-27
94-28
94-29
94-3O
94-31
94-32
94-33
A by-law to authorize the execution of an agreement to terminate a licence
agreement with Niagara Plan~bing Supply Company, Limited, dated January 1,
1977.
A by-law to authorize a Release and Abandonment of Easemeuts or licenses.
A by-law to authorize the acceptance of a Transfer of Easement from 800460
Ontario Limited.
A by-law to authorize the execution of a licence agreement with 842672 Ontario
Limited, carrying on business as Vmm Outdoor Advertising.
A by-law to authorize the Interim Levy of Realty Taxes.
A by-la~v to authorize motdes for General Purposes (January 24, 1994).
A by-law to amend By-law No. 6457, 1963, being a by-law to authorize participation
in the Ontario Municipal Employees Retirement System.
A by-law to amend By-law No. 91-125 and 86-215.
A by-law'to mend By-law No. 93-254, being a by-law to authorize the execution of
agreements with LaRosa & Carrie Enterprises Ltd., carrying on business us
Dominion Paving Company, Ken Warden Construction Ltd. and 1006174 Ontario
Inc. for snowplowing.
The motion Carried with Aldermen Curtratings, Hendershot, Janvary, Sherar, Susin and Ward
abstaining from the vote on By-law No. 94-30 on conflicts of interest previously noted; Alderman
Hendeeshot abstaining from the vote on By-law No. 94-21 on a conflict of interest previously noted;
Alderman Orr voting contrary to By-law No. 94-24; and Alderman Susin abstaining from the vote
on By-law Nos. 94-26 and 94-27 on a conilict of interest previously noted and with all others voting
in favour.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the meeting
be adjourned. Carried Unanimonslv.
FOURTH MEETING
COMMITrEE OF THE WHOLE
Committee Room//2
January 31, 1994
Council met on Monday, January 31, 1994 at 6:15 p.m. in Comfittee of the Whole. All
members of Council were present. Alderman Fisher presided as Chairman.
Following consideration of the items presented, the Committee of the Whole arose to report
in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
REGULAR COUNC1L MEETING
Council Chambers
January 31, 1994
Council met on Monday, January 31, 1994 at 7:30 p.m. for the purpose of considering
Regular Council Business. All members of Council were present. His Worship Mayor Thomson
presided as Chairman. Alderman Fisher offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cmnmings, that the
Minutes of the Regular Meeting of January 24, 1994 he adopted as printed. Carried Unanimousi .
DISCLOSURES OF pECUNIARY INTEREST
Aldermen Cnn~miugs and Sherar indicated a pecuniary interest on Report F-94-07, Cheque
No. 424, became Acres is involved.
Alderman Cowanindicated apecuniary interest on RePofi F-94.07, Cheque N°'467, because
the recipient is his employer.
Alderman Snsin indicated a pecuniary interest on Report F-94-07, Cheque No. 477, dealing
with Centre Street construction; and indicated a pecuniary interest on Report FD-94-01 and By-law
No. 94-36, became his son is a volunteer firefighter.
DEPUTATIONS
Ontario Reside~lul Care Association
His Worship Mayor Thomson advised that he had received indication that the Residential
Care Association was in agreement with staff's Recommendation Report PD-94-15 and that it would
not be necessary for Mr. Bill Smuton to attend the Council meeting to discass the matter.
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Report pD-~4-15 - Chief Adminisirafive Officer - Re: Supplemental Report, Bill 120, Resident's
pi~tg AcL The report recommends the following:
1. That Council not support Bill 120, the Resident's Rights Act for the reasons outlined in this
report;
2. That Council adopt the resolution not to support Bill 120, Residents' Rights Act for the reasons
outlined in this Report and Report PD-94-11; end
3. That Copies of the Reports and Resolution be submitted to the Standing Committee on General
Government established to receive comments on Bill 120.
ORDERED on the motion of Alderman Germano, seconded by Alderman Fisher, that the report
be received and adopted and further that a copy of the report be forwarded to the City's local
MPP's Shirley Coppen, and Margaret Harrington, and the Ministry of Housing. Carried
Unanimously.
See Resolution No. 04
COMMUNICATIONS
Communication No. 22 - Ontario Camgaign for Action on Tobacco - Re: Ontario Bill 119, The
Tobacco Control Art. The communication requests support of Bill 119, and the termination of the
sale of tobacco by health professionals.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the matter be
referred to the Smoke Free Areas Committee. Carried Unanimously.
Commlmieation No. 23 - Niagara Council on Smoking and Health - Re: Ontario Tobacco Control
Art (OTCA). The communication provides information on the Ontario Tobacco Control Act.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the matter be
referred to the Smoke Free Areas Committee. Carried Unanimously.
Communication No. 24 - Town of Newmarkt, Offlee of the Town Clerk - Re: Resolution. The
communication requests Council support a resolution asking the Federal Government to amend the
Criminal Code to allow Community Standards with respect to Adult Entertainment.
ORDERED on the motion of Alderman C-turnings, seconded by Alderman Fisher, that the request
be supported. Carried Unanimonsiv.
Communicafien No. 25 - Niagara Prmbytery, Ua,~Uton Confersice, United Church of Canada, Re:
R!sdu~on. The communication expresses coneerm and opposition to towards the establishment of
casino gambling in Niagara Falls.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the
communication be received and ~ed for the information of Council. Carried Unanimously.
Comramlicatien No. 26 - Regional Niagara, Offllce of tim Clerk - Re: Bill $0 - An Amendinmt to
the Health Insurance Art. The communication requests support of a resolution advising the Premier
of Ontario, Minister of Health, Leaders of the Opposition Parties and Local members of Provincial
Parliament indicating that there will he significant cost ramifications of Bill 50 on the Region's
disability benefit/sick leave programs for employee initiated elltints; and that the Provincial
Government be encouraged to meet with employer representatives to discuss the Regulations.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Snsin, that the request
be supported. Carried Unanimously.
00.3
Communieatlon No. 27 - Ministry of Citizenship, Minister of Citizenship with responsibility for
Hmman Rights, Disability Issues, Seniors' Issues and Race Rdafions - Re: 1994 CommnBity Action
Awards. The communication requests nominations for the 1994 Conununity Action Awards.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cmnmings, that Irene
ploscTan~ky (Kiss) be nominated for the 1994 Community Action Awards. Carried Unaalmmtsly.
REPORTS
B-94-03 - Chief Admini~xafive Officer - Re: Site Plan Approval, Proposed 40-Unit Apamneat
KiWgnii ClUb of Stamford, Ailantlms Ave. The report recommends the following:
1. That Council approve the above subject Site Plan for a proposed 40 unit apartment ballcling
pursuant to Section 41 of the Planning Act, comprising of the Site Plan being drawing No. AI,
the site details being drawing No. A2, the site servicing being drawing No. C1, the elevations
being drawing No.'s All and A12 and the electrical site plan being drawing No. El, and the
landscaping plan;
2. That Council pass the by-law on tonight's agenda that amends By-law No. 80-114 designating
a fire route for the above subject development proposal as sho~vn on the attached plan and the
display plan.
ORDERED on the motion of Alderman Cu~unlngs, seconded by Alderman Fisher, that the report
be received and adopted. The motion Carried with Alderman Sherar voting contrary to the motion
and with all others voting in favoar.
See By-law 94-35
MW-94-19 - Chairperson, Municipal Parking & Traffic Committee - Re: Municipal parking &
Tt-a~ic Coinmittee Recommendations, January 18, 1994. The report recommends the foilowing:
1. MW-94~/- Rolling Acres Dr. at Oxford St. latexsection Control - that a stop sign be installed
for northbound motorists on Rolling Acres Drive at Oxford Street.
2. MVtr-94-08 - F. Jlis Lane at Stmcoe St./Oatario Ave. Intersection Controls - that the existing yield
sign on Ellis Lane at Simcoe St./Ontario Avenue be replaced with a stop sign.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craltor, that the report be
received and adopted. Carried Unanimously.
M~Y-94-22 - Chief Admini~atjve Officer - Re: Federal/Provincial Infxastnsdure Program. The
report recommends that this report ha received and ~ed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
report I~. received and f'ded. Carried Unaalmonsiv.
PD-94-14 - Chief Admini.'~/a~Ve Officer - Re.: Ddegallon of Regional Approval Aatlmrity. The
report recommends the following:
1. That Niagara Falls join with other urban municipalities in requesting the Region to delegate
approval authority for plans of subdivision, part lot control and consents;
2. That the Region be requested to consider how such delegation can be achieved, what cost
efficiencies could be realized and how the problems associated with split jurisdictions can be
nfi~nlrai~d.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report
be received and adopted. Carried Unanimously.
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C8-94-01 - Chief Administrative Officer - Re: Feasibility Study Agrees~ent & By-law for a Multi-
Use Facility. The report recommends that City Council approve the by-law appearing on tonight's
agenda authorizing the execution of an Agreement with Touristics.
ORDERED on the motion of Aldermen Ward, seconded by Alderman Hendershot, that the report
be received and adopted. Carried Unanimously.
See By-law No. 94-34
FD-94-01 - Chief Admin[~,a~ve Officer - Re: Niagara Region Emergency Fire Service Plan &
Program. The report recommends that Council approve the bydaw appearing on tonight's agenda,
updating By-law No. 71-7.
ORDERED on the motion of Alderman Commings, seconded by Alderman Craitor, that the report
be received end adopted. The motion Carried with Alderman Susin abstaining from the vote on
a conflict of interest previously noted and with all others voting in favour.
See By-law No. 94-36
F-94-07 - Chief ,~dminktrafive Officer - Re: Municipal Aeemnnt~ The report recommends that the
accounts totalling $442,740.17 for the period ending January 31, 1994, be approved by the passing
of the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report
be received end adopted. The motion Carried with Aldermen Cowan, Cummings, Sherar and Susin
abst~ininoo from the vote on conflicts of interest previously noted and with all others voting in
faYoar.
See By-law No. 94-41
-5 -
ORDERED on the motion of Alderman Puttick, seconded by Alderman Germano, that the report
be received and adopted. Carried Unanimously.
His Worship Mayor Thontson resumed the Chair.
See By-law 94-37
RATIFICATION OF COMMi'I'I'EE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Cmmnings, seconded by Aldermau Hendershot, that the
actions taken on the following matter by Coumggttee of the Whole, earlier this evening, be approved.
Tlmt Council accept the fmal report on the f'mai implementation strategies on the Corporation's
re-organiT~tion.
Carried Unanimously.
RESOLUTIONS
NO. 01 - WARD - JANVARY - RESOLVED that pursuant to The Public Trm~sportation and
Highway Improvement 'Act, the Council of the Corporation of the City of Niagara Fails hereby
requests an allocation of subsidy funds for Public Transportation, for the year 1994, in the amomxt
of $259,500 for the Capital Assistance Programme; and $738,250 for the Transit Operating
Assistance Programme;
AND The Seal of the Corporation be hereto affixed.
Carried Unalfimonsiy.
Chairperson, Ad hoc cammittee regarding the Committee of Adjustment & the Niagara Parks
Comm~k'~ion - Re: Report on Council Re~afian on the Committee of Adjustment and the
NiagaraParks Commk-~ion. The report recommends that the following Recommendations contained
in this report be adopted by Council.
1)
2)
That the Committee of Adjustment be comprised of seven members including the Mayor, ex-
officio, three members of Council and three non-members of Council;
That the form of application to the Committee of Adjustment fro non-Council member
applicants be revised to disciuse any proposed absences by prospective apphcants of significant
duration;
3) That the Mayor be the permanent annual appointeee to the Niagara Parks Commission from
the CoUncil of the City;
4) That a further meeting of the Committee be held to review the forms of applications to the
wious Boards and appo ted by Coan .
ORDERED on the motion of Alderman Germano seconded by Alderman Craitor, that the report
remuneration of Council members on the COmmittee Of Adjustment and with all others voting in
L-94.08 - Chkf Administrative Offleer - Re: Comeat Apliiealian B-295/93 Cugxal Guarauly Trust
Co. Hillside Place; 5705 Falls Avmaue; Fde No.: 93-B4-002. The report recommends that Council
being o..eferenee .an
existmg easement and the Land Division Committee be advised
th.l can tiou2 to Co. eut 'pp" .on No. B-2 5,9 sutis,ed.
His Worship Mayor Thomson declared a conflict of interest on the matter and left the Chair.
Alderman Judy Orr assumed the Chair.
NO. 02 - CUMMINGS - COWAN - 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 Transportation For Physically Disabled Persons, for the
year 1994, in the amount of $91,500 (Operating);
AND The Seal of the Corporation be hereto aft'ned.
Carried Unanimously.
NO. 03 - CUMMINGS - COWAN - RESOLVED THAT the Council of the Corporation of the City
of Niagara Fails Petitions for subsidy under the provisions of The Public Transportation and
Highway Improvement Act on expenditures made daring the year 1993 in the amount of
$6,794,907.94;
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 04 - GERMANO - FISHER - WHF:REAS Bffi 120 removes the City of Niagara Fails' full
authority to plan for the orderly residential development of the municipality; and WHEREAS the
City is prohibited from establishing local standards and regulations for second tmits in detached,
semi-detached and townhouse dwellings; and WHEREAS the definition of residential unit creates
an unsafe condition because egress may be through another residential unit; and WHEREAS
inadequate authority has been afforded the municipality to inspect second dwelliug units; and
WHEREAS the City's ability to pass by-law to regulate care home facilities under the Municipal
Act may be impeded and inadequate protection is afforded the residents of such facilities; NOW
THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls
does not support Bill 120, the Residents' Rights Act, as presented in first rending and that the
Standing Committee on General Government be advised of the City's position.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimonslv.
-6-
-7 -
BY-LAWS
ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that leave be granted
to introduce the following by-laws, and the by-laws be read a first time:
94-34
A by-law to authorize the execution of an agreement with Glean Pincombe, Michael
Montgomery and Run Tingle, as partners, operating as TOURISTICS respecting a
Feasibility Study for a Multi-Use Facility.
94-35
A by-law to an~end By-law No. 80-114, as antended, being a by-law to designate
private roadways as fire routes along winch no parking of veindes shah be
permitted.
A by-law to provide for the participation of the City of Niagara Falls Fire
Deportment in the Niagara Region Emergency Fire Service Plan and Progran:.
94-37
A by-law to authorize the acceptance of a Transfer of Easement from Canadian
Niagara Hotels Inc.
A by-law to repeal By-law Nos. 93-165 and 93-177, being by-laws to provide for the
adoption of amendments to the former and new Official Plans of the City of Niagiira
Falls.
94-39
A by-law to amend By-law No. 79-200, as amended. (AM-19/93, 1032514 Ontario
Ltd.)
A by-law to amend By-law No. 79-200, as amended. (AM-21/93, Pinecove Dev. Ltd.)
9441
A by-law to authorize monies for General Purposes (January 31, 1994).
The motion Carried with Aldermen Cowan, Cummings, Sherar and Sitsin abstaining from By-law
No. 94-41, on conflicts of interest previously noted; Alderman Sasin abstaining from By-law No.
94-36 on a conflict of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the foilroving
by-laws be now read a second and tinrd time:
94-34
A by-law to authorize the execution of an agreement with Glenn Pincombe, Michael
Montgomery and Run Tingle, as portners, operating as TOURISTICS respecting a ·
Feasibility Study for a Multi-Use Facility.
94-35
A by-law to amend By-law No. 80-114, as amevded, being a by-law to desiguite
private roadways as fire routes along winch no parking of veincles shall be
permitted.
94-37
A by-law to provide for the participotion of the City of Niagara Falls Fire
Department in the Niagara Region Emergency Fire Service Plan and Program.
A by-law to authorize the acceptance of a Transfer of Easement from Canadian
Niagara Hotels Inc.
94-39
A by-law to repeal By-law Nos. 93-165 and 93-177, being by-laws to provide for the
adoption of amendments to the former and new Official Plans of the City of Niagara
FalLs. .
9441
A by-law to amend By-law No. 79-200, as amended. (AM-19/93, 1032514 Ontario
Ltd.) ' '
A by-law to amend By-law No. 79-200, as amended. (AM-21/93, Pinecove Dev. Ltd.)
A by-law to authorize moules for General Purposes (January 31, 1994).
The motion Carried with Aldermen Cowan, Cummings, Sherar and Susin abstaining from By-law
No. 94-41, on conflicts of interest previously noted; Alderman Susin abstaining from By-law No.
94-36 on a conflict of interest previoasly noted and with all others voting in fayour.
NEW BUSINESS
Miss Teen NiaL. ara Pageant
ORDERED on the motion of Alderman Cmimfings, seconded by Alderman Hendershot, that a letter
of congratulations be forwarded from the Mayor's Office to Leslie Pinard, Cindy Videcbuk and
Talia Gillan on their recent ~vin at the Miss Teen Niagara Pageant. Carried Unanimously.
Letter of Congratulations
ORDERED on the motion of Alderman Orr, seconded by Alderman Fisher, that a letter of
congratalatious be forwarded from the Mayor's Office to the Buffalo Bills team for their
participation in the Superbowl. Carried UnaulmmtslV.
Casino Presentations
Alderman Kim Craltor thanked the Mayor and Alderman Puttick, for the opportmfity to nmke
a casino presentation on behalf of the Labour Council to the NDP Caucus.
Can~ramla~ons
Alderman Kim Craltor provided ins personal congratulations to Niagara Promotions on holding
an excellent Miss Teen Niagara Pageant.
Nia~a'a-ow.the-Lake Official Plan
Alderman Norm Puttick requested that the comments regarding Niagara-on-the-Lake Official
Plan be brought back to Council for approval.
Train Roundhouse in Toronto
ORDERED on the motion of Alderman Puttick, seconded by Alderman Ward, that staff iuvestigate
what can be done to indicate Council is in support of preserving the Train Roundhouse In Toronto
at the proposed Roundhouse Park at the foot of John Street. Carried Unanimously.
DoWer Road Railwav Crossing
ORDERED on the motion of Alderman Sherar, seconded by Alderman Cummings, that staff 10ok
at the status and condition of the railway crossing at Dorchester Road near Bright's Wines. Carried
Unanimoaslv.
*****
-8-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the meeting
be adjourned. Carded Unanimously.
READ AND ADOFrED,
MAYOR WAYNE THOMSON
FIFTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
February 7, 1994
Council met on Monday, February 7, 1994 at 7:00 p.m. in Committee of the Whole. All
members of Council were present. Alderman Shetar presided as Chairman.
Following consideration of the items presented, the Committee of the Whole arose to report
in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
REGULAR COUNCIL MEETING
Council Chambers
February 7, 1994
Council met on Monday, February 7, 1994 at 7:30 p.m. for the purpose of considering
Regular Council Business. All members of Council were present. His Worship Mayor Thomson
presided as Chairman. Alderman Sherar offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Norm Puttick referred to Report MW-94-22, Federal/Provincial Infrastructure
Program on page 3 of the January 31, 1994 Minutes and discussed the Goods and Services Tax that
would be collected through the Infrastructure Programs. Alderman Puttick requested that additional
information on the separate break-out G.S.T. portion be provided by staff.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the Minutes
of the Regular Meeting of January 31, 1994 be adopted as printed. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Aldermen Cummings and Sherat indicated pecuniary interests on Communication No. 35,
Maharishi Veda Land Canada Inc. because Acres was involved.
Alderman Cummings indicated a pecuniary interest on Report F-94-08, Cheque No. 090016,
because his wife is employed by the organization.
Alderman Susin indicated a pecuniary interest on Communication No. 35 because he owns
the mortgage in the area; and indicated a pecuniary interest on Communication No, 30 because his
mother lives in the area.
Alderman Craitor indicated a pecuniary interest on Report No, F-94-08, Cheque No. 90013,
because he sits on the board as a volunteer member,
-2 -
-3 -
DEPUTATIONS
Yellow Fish Road Storm Drain Marking Program
Report PD-94-12 - Chief Administrative Officer - Re: Yellow Fish Road Storm Drain Marking
Program. The report recommends the following:
1. That Council support the Yellow Fish Road - Storm Drain Marking Program;
2. That the Department of Fishcries and Oceans (DFO) and Trout Unlimited Canada be advised
of the City's support of the program.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cowan, that the report be
received and adopted. Carried Unanimously.
Mr. Pierre Paquene, Department of Fishcries thanked Council for their support and advised
that the program would be implemented this Spring.
Tax on Custom Brew Beer
Mr. Daniel Lee discussed the elimination of jobs, closures and bankruptties as a direct result
of the 26% tax on Custom Brew Beer; and indicated that he did not expect to remain in business if
the tax is not reduced or eliminated; asked Council's support in requesting the Provincial government
to look at the level of taxes that are in place; request that the government reduce or eliminate the tax
imposed on custom brew beer products and advised of further loss of jobs, closures and bankruptcies
if an additional tax is imposed in 1994 and 1995.
Communication No. 30 - Niagara Women in Crisis - Re: Book Riot at the SkyIon Tower, May
12 to May 15, 1994. The communication requests permission to hang a banner across Stanley
Avenue at Arthur Street from April 25 to May 16, 1994.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that tile
request be approved subject to established policy. The motion Carried with Alderman Susin
abstaining from the vote on a conflict of interest previously noted and with all others voting in
fayour.
Communication No. 31 - Ministry of Natural Resources - Re: Racoon Rabies Control Program.
The communication requests permission to set cage-traps in parks and green-belt areas owned by file
City.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
request be supported subject to the co-ordination by City staff of trap placement. Carried
Unanimously.
Cormnunication No. 32 - The Consumers Gas Company - Re: Consumers Gas Rates. TIle
communication advises Council of a Notice of Application filed with the Ontario Energy Board by
The Consumers' Gas Company regarding gas rates.
ORDERED on the motion of Alderman Susin, seconded by Alderman Germano, that the
communication be referred to AMO indicating that the Corporation of the City of Niagara Falls
objects to the rate increase. The motion Carried with Alderman Puttick voting contrary to the
motion and with all others voting in fayour.
Communication No. 33 - Canadian Cancer Society - Re: Proclamation. The communication
requests Council proclaim the month of April, 1994 as "Canadian Cancer Society Month".
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cunmlings, that the request
be approved subject to established policy. Carried Unanimously.
-AND-
Report ED-94-02 - Chief Administrative Officer - Re: Provincial Tax on Small Custom
Breweries. The report recommends that the Provincial Government be petitinned to reduce or
eliminate the tax on beer which is a product of brew on premises businesses in Ontario.
ORDERED on the motion of Alderman Germano, seconded by Alderman Craitor, that Council
endorsed the remarks of Mr. Daniel Lee and further that ,the report be received and adopted. Carried
Unanimously.
COMMUNICATIONS
Communication No. 28 - Regional Niagara, Planning and Development Department - Re: The
Environment - Public Attitudes and Actions Review of Regional Environmental Policies. The
communication advises that the report is being circulated for public comment.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the matter
be referred to staff and other appropriate agencies for comments. Carried Unanimously.
Communication No. 29 - Town of Niagara-On-the-Lake - Re: Resolution. The communication
requests Council support a resolution Eking the Province to allow local municipalities to plan their
own destiny.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
resolution be supported. Carried Unanimously.
Communication No. 34 - Wesley B. Turner, Associate Professor, Brock University - Re: Use
of Illustrations from publication "Niagara Portage Road". The conununication is seeking
permission from Council to use illustrations from the "Niagara Portage Road" publication.
ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that the request be
approved and further that Mr. George Seibel's name be included in the credit. Carried
Unanimously.
See Resolution No. 05
Communication No. 35 - Maharishi Veda Land Canada Inc. - Re: Theme Park's Infrastructure
Requirements. The communication requests that the City advise the Provincial and Federal agencies
~hat the Veda Land Theme Park's Infrastructure requirements should also be considered in the
infrastructure funding initiative.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Gennano, that the matter
be referred to staff for further information. The motion Carried with Aldermen Cummings, Sherat
and Susin abstaining from the vote on conflicts of interest previously noted and with all others voting
in favour.
Communication No. 36 - Ontario Ministry of Health - Re: Mandatory vaccinations of animals
in petting zoos. The cotmnunication provides information regarding Ontario Regulation 594/85 -
Rabies Immunization.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Susin, that the matter be
referred to staff and that a report be brought back. Carried Unanimously,
,,.4
-4-
REPORT___ S
B-94-04 - Chief Administrative Officer - Re: Building By-law. The report recommends that
Council pass the by-law, known as the Building By-law.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report
be received and adopted. Carried Unanimously.
See By-law No. 94-42
MW-94-27 - Chief Administrative Officer - Re: By-law Authorizing an Agreement with
M.O.E.E. Regarding Municipal Recycling Support program. The report recommends that
approval be given to the By-law authorizing execution of an Agreement between the M.O.E.E. and
the Niagara Municipal recycling Group regarding the Municipal Recycling Support program.
ORDERED on the motion of Alderman Ward, seconded by Alderman Hendershot, that the report
be received and adopted. Carried Unanimously.
See By-law No. 94-49
MW-94-29 - Chief Administrative Officer - Re: Contract 93-105; Storm Sewer Installation on
Barker Street; Carlton Avenue; Corwin Avenue and Spence Street. The report recommends that
the unit prices submitted by the low tendeter, provincial Construction (Montrose) Ltd. be accepted
and the by-law be passed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the report be
received and adopted. Carried Unanimously.
See By-law No. 94-45
See Resolution No. 06
RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
actions taken on the following matters by the Municipal Works Committee, earlier this evening, be
approved.
1. Adoption of the Minutes of January 24, 1994;
2. MW-94-28 - Sanitary Service at 4407 Montrose Road - that the Committee grant Mr. Emilio
Arcuri's request, regarding the installation of a sanitary service to 4407 Montrosc Road;
3. MW-94-23 - Public Information Session for Ellen Avenue & Magdalen St. - that the information
contained in Report MW-94-23 be received and fded;
4. MW-94-24 - Public Information Session for Ryerson Crescent & Eastwood Crescent - that the
information contained in Report MW-94-24 be received and filed;
5. MW-94-25 - 1994 New Equipment Tenders & 1993 New Equipment Re-Tenders - Municipal
Works Dept. - that authorization be granted to 1) Re-tender part of the 1993 New Equipment
Tender; and 2) Call Tenders for the 1994 New Equipment Purchases;
6. MW-94-26 - January-December, 1993 Construction Slams Report and January-March 31, 1994
Construction Projection be received and ~leA for the information of the Municipal Works
-
Committ~ and Council. Carried Unanimously.
-5 -
R-94-07 - Chief Administrative Officer - Re: Oakes and Ker Parks Scoreclocks. The report
recommends that City Council approve the By-law appearing on this evening's agenda authorizing
the execution of an agreement with Coca Cola Bottling.
Alderman Cruller requested that further information be provided respecting item 2a) on Page
4 of the Agreement.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Germane, that the report be
deferred .for further information. Carried Unanimously.
F-94-08 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that
the accounts totalling $571,659.08 for the period ending February 7, 1994, be approved by the
passing of the by-law appearing later on the agenda.
Further information was provided on Cheque Nos. 090019; 200132; 200050 and 200066.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cowan, that the report be
received and adopted. The motion Carried with Aldermen Craitor and Cummings abstaining from
the vote on conflicts of interest previously noted and with all others voting in fayour.
' ' See By-law No. 94-50
F-94-09 - Chief Administrative Officer - Re: Communication From Town of Fort Erie; Proposed
Increases - 1994 Sewer and Water Rates. The report recommends that the report is for
information of Municipal Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report
be received and adopted. Carried Unanimously.
RATIFICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
actions taken on the following matters by the Finance Committee, earlier this evening, be approved.
That the Minutes of January 10, 1994 meeting be adopted;
Report FC-94-02 - Water Account Transferred to Taxes - Sam's Montrose Hotel - to receive
and file Report FC-94-02;
Report R-94-03 - N.F. Review - Family & Home Show - to waive the rental charges of
$3,600 for the use of the Niagara Falls Memorial Arena for the Family and Home Show to
be held April 29, 30 and May 1, 1994. The expenses incurred for clean-up and garbage
disposal will also be waived. - Alderman err opposed.
Carried.
CD-94-10 - Chief Administrative Officer - Re: Pro-rating of Business Licence Fees. The report
recommends that Council pass the By-law appearing on this evening's agenda.
ORDERED on the motion of Alderman Susin, seconded by Alderman Craitor, that the report be
received and adopted. Carried Unanimously.
See By-law No. 94-43
...6
-6 -
-7 -
CD-94-11 - Chief Administrative Officer - Re: Special Occasion Permit; Niagara Falls Pirates
Annual Hockey Tournament. The report reconunends that Council indicate it has no objection to
the issuance of a Special Occasion Permit to the organization listed in this report.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the report
be received and adopted. Carried Unanimously.
L-94-06 - Chief Administrative Officer - Re: The Establishment of part of Lot 13 on Registered
Plan 192 as part of Isaac Street; File No. 91-C3-166. The report recommends that Part of lot 13
on Registered Plan 192, designated as Part 10 on Reference Plan 59R-7913 be established as a public
highway to be known as Isaac Street.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report
be received and adopted. Carried Unanimously.
See By-law No. 94-46
L-94-09 - Chief Administrative Officer - Re: Easement - Wiltshire Boulevard and Rolling Acres
Drive; File No. 93-D3-163. The report recommends that Council approve the execution of
agreements with Niagara Falls Hydro, Bell Canada and MacLean Hunter to permit certain utilities
to share an easement, located between Wiltshire Boulevard and Rolling Acres Drive, with the City.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimonslv.
See By-law No. 94-47
RATIFICATION OF COMAVIITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions
taken on the following matters by Committee of the Whole, earlier this evening, be approved.
1. That The Architects retained by the Province to design the Ministry of Tourism Building be
retained to provide a proposal to the development of Centennial Square;
2. ThAt the Solicitor be authorized to defend the Court Action No. 3868-94 between 1049594
Ontario Inc. and the City of Niagara Falls.
The motion Carried with Mayor Thomson indicating a conflict of interest on the Maple Leaf Village
item and Alderman Orr indicated a conflict of interest on the Centennial Square item and with all
others voting in fayour.
RESOLUTIONS
NO. 05 - HENDERSHOT - CRAITOR - THAT the Council of the Corporation of the City of
Niagara Falls hereby grants approval to Wesley B. Turner, Associate Professor, Brock University
for the use of "the Pavillion Hotel", "View of a Settlement" and "The.Old Red Meeting House"
illustrations from The Niagara Portsac Road, publication, Copyright 1990, The City of Niagara
Falls, for use in a publication entitled Niagara's Changing Landscape-and that the credit shall read
"Credit to The Corporation of the City of Niagara Falls and George A. Seibel, Historian".
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 06 - CUlVlI~INGS - SHERAR - RESOLVED that the unit prices submitted by the low
tenderer, Provincial Construction (Montrose) Ltd. for Contract 93-105 - Storm Sewer Installation
on Barker Street, Carlton Avenue, Corwin Avenue and Spence Street, at tile low tendered amount
of $280,334.96, be accepted.
AND The Seal of the Corporation be herera affixed.
Carried Unanimously.
NO. 07 - CUMIVIINGS - I-I~NDERSHOT - WHEREAS it has been reported that the Honourable
Paul Martin, Minister of Finance, intends to broaden the federal tax base by lowering the Registered
Retirement Savings Plan limits for contributions, and by taxing employee Health and Dental benefits,
and by eliminating certain business deductions, and by reducing or eliminating the Capital Gains Tax
Exemption; AND WHEREAS the Honourable Minister has stated that Canadians are prepared to
accept increased taxes provided that the avenues and savings denied therefrom are directed towards
deficit reduction and job creation; WHEREAS the Council of the Corporation feels that the proposals
referred to in the first recital of this resolution are not the best tools to use to reduce the deficit and
to create jobs and will instead tend to penalize entrepreneurs who create jobs; AND WHEREAS
other means, such as the reform of Members Pensions and the reduction in the size of the Federal
civil service are more appropriate tools to realize the stated objectives; AND WHEREAS these type
of methods have been used by municipalities to avoid deficits in spite of continual downloading of
Federal and Provincial responsibilities to the municipal sector; NOW THEREFORE BE IT
RESOLVED that the Council of the City of Niagara Falls is adamantly opposed to the broadening
of the Federal tax base by the methods proposed by the Honourable Paul Martin, Minister of
Finance.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that leave be
granted to inlxoduce the following by-laws, and the by-laws be read a first time:
9442
A by-law respecting inspections and permits for construction demolition and change
of use.
9443
A by-law to pro-rate the fixed licence fees to be paid for the trades, callings,
businesses or occupations or the persons carrying on or engaging in them in the City
of Niagara Falls.
9444 DEFERRED
9445
A by-law to authorize the execution of an agreement with Provincial Construction
(Montrose) Ltd. respecting storm sewer installation on Barker Street, Carlton
Avenue, Cotwin Avenue and Spence Street.
9446
A by-law to establish a certain daylighting triangle, being part 10 on Reference Plan
59R-7913, as a public highway.
9447
A by-law to authorize the execution of agreements with Niagara Falls Hydro Electric
Commission, Bell Canada and MacLean Ihuter Cable TV (Niagara) Ltd,
9448
A by-law to authorize the execution of an agreement with E.S. Fox Limited
respecting propane and ammonia detection systems at the Niagara Falls Memorial
Arena and the Chippaws-Willoughby Memorial Arena.
-8-
- 9-
9449 A by-law to authorize the execution of an agreement with her Majesty the Queen in
right of Ontario as represented by the Minister of the Environment and Energy.
94-50 A by-law to authorize monies for General Purposes (February 7, 1994).
The motion Carried with Aldermen Craitor and Cummings abstaining from the vote on By-law No.
94-50 on conflicts of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
following by-laws be now read a second and third time:
9442 A by-law respecting inspections and permits for construction demolition and change
of use.
9443 A by-law to pro-rate the fixed licenee fees to be paid for the trades, callings,
businesses or occupations or the persons carrying on or engaging in them in the City
of Niagara Falls.
9444 DEFERRED
9445 A by-law to authorize the execution of an agreement with Provincial Construction
(Montrose) Ltd. respecting storm sewer installation on Barker Street, Carlton
Avenue, Cotwin Avenue and Spence Street.
94-46 A by-law to establish a certain daylighting triangle, being part 10 on Reference Plan
59R-7913, as a public highway.
9447 A by-law to authorize the execution of agreements with Niagara Falls Hydro Electric
Commission, Bell Canada and MacLean Hunter Cable TV (Niagara) Ltd.
94-48 A by-law to authorize the execution of an agreement with E.S. Fox LLmited
respecting propane and ammonia detection systems at the Niagara Falls Memorial
Arena and the Chippawa-Willoughby Memorial Arena.
9449 A by-law to authorize the execution of an agreement with her Majesty the Queen in
right of Ontario as represented by the Minister of the Environment and Energy.
94-50 A by-law to authorize monies for General Purposes (February 7, 1994).
The mot;ion Carried with Aldermen Craltor and Cummings abstaining from the vote on By-law No.
94-50 on conflicts of interest previously noted and with all others voting in fayour.
NEW BUSINESS
Letter of Thanks
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that a letter from
the Mayor's office be tbrwarded to Mr. Allen Candell thanking him for his services and
contributions to the Festival of Lights. Carried Unanimonslv.
Netting in Arena
A!derm~ P~t. cummings indicated that staff from Parks & Recreation have been requested
to obtain cost estimafes for netting at the arena and are looking into extending the height of the glass.
Market Value Assessment
Alderman Pat Cunmrings referred to a debate regardiog market value assessment to be held
February 3, 1994 and that Council members had not been notified.
Mayor Thomsoo advised that the debate bad been put off to the next Regional Council
meeting of February 17, 1994 and that efforts were being taken to "pack the Chambers" with
supporters of Market Value Assessment.
Niagara Youth Concert
His Worship Mayor Thomson indicated that the "Niagara Youth Orchestra in Concert" Was
being held on Sunday, February 20, 1994 with the proceeds going to the Niagara Falls Catscan.
Tax Inc~'eases
His Worship Mayor Thomson referred to the Minister of Finance, Paul Martin's conm~ents
indicating that taxpayers were willing to accept tax increases providing the taxes would be properly
directed.
His Worship Mayor Thomson stated that the municipality strongly objects to and is totally
opposed to any further tax increases.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that a
suitable resolution in response to comments made by the Minister of Finance, strongly objecting to
any further tax increases be forwarded to the Minister of Finance, Paul Martin; Prime Minister Jean
Chretien; the local Members of Parliament; Leaders of the Opposition; the Association of
Municipalities of Ontario and to Cities with a population over 50,000. Carried Unanimously.
See Resolution No. 07
Invitation to Mr. Gary Pillitteri
Alderman Pat Cmmnings suggested that Mr. Gary Pillitteri be requested to attend a future
Council meeting.
Congratulatious to New Grandfather
Members of Council congratulated Alderman Brace Ward on the birth of his new grandson.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the meeting be
adjourned. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
SIXTH MEETING
PLANNING MEETING
Council Chambers
February 14, 1994
Council met on Monday, February 14, 1994 at 7:30 p.nL for the purpose of considering Planning
Matters and Regular Business. All members of Council, with the exception of Alderman Ward, who was
~away on business; Alderman Puttick, who was away due to illness; and Alderman err, were present.
His Worship Mayor Thomson presided as Chairman. Alderman Cowan offered the Opening Prayer.
Prior to dealing with Planning Matters, it was ORDERED on the motion of Alderman Cummings,
]seconded by Alderman Hendershot, that the subject under Deputations dealing with Bright's Wines
concerns be brougbt forward. Carried Unanimously.
Dave Distort, Bright's Wines, referred to a resolution of Council at the Council meeting of
February 7, 1994 which dealt with taxes on Custom Brew Outlets and expressed concerns regarding taxes
placed on batch wine makin. g and the implication of such taxes on the industry. Mr. Diston requested
that Council consider modifying their previous resolution in view of the effect it would have on the City's
economic base and suggest the Treasurer consider a proportional abatement of taxes on beer and wine.
-AND-
Communication No. 37 - The Brewers of Ontario. The communication provides additional information
regarding taxation on U-brew operations and indicates the brewing industry believes that all
establishments and corporations profiring from the sale of like products should be treated equally from
both on a regulatory and tax standpoint.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the matter be
deferred and be referred to staff and the Economic Development Department for further review. The
motion Carried with Alderman Hendershot abstaining from the vote on a conflict of interest because a
member of his family is employed by the wine industry and with all others voting in fayour.
His Worship Mayor Thomson thanked Mr. Diston for his presentation.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Fermino Susin indicated a pecuniary interest on By-law No. 94-52, Belleview Estates
Subdivision, because of his involvement in the subdivision.
PLANNING MATTERS
PD-94-18 - Chief Administrative Officer - Re: Zoning by-law Amendment Application AM-20/93,
Karen DeGiorgio, Mount Camel North Plan of Subdivision. The report recommends the following:
That the proposed zoning amendment for the Mount Carmel North Plan of Subdivision not be
approved in its present form;
That the applicatiou be revised in order to provide for a better gradation of lot sizes as depicted
in Appendix 1:
- lots on the south side of Bishop Avenue should have frontages no less than 17.3 - 18m (57-60');
- lots on the north side of Bishop Avenue should have frontages no less than 15.24m. (50').
3. That the current provisions which regulate dwelling size and yard requirements be maintained;
That the public be notified of the revised plan and a further public meeting be held to consider
the recommended zoning changes.
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- AND -
Communication No. 38 - Regional Municipality of Niagara. The communication advises as having
no objections to the rezoning from a special R1B zone to a special R1C zone; but indicates that no more
than the .original number of 54 approved lots occur until such time as the capacity of the Kalar Road
Pumping Station is upgraded-
- AND -
Communication No. 39 - Regional Niagara, Planning and Development Department.
communication advises as having no objection to the approval of the application.
The
-AND-
Communication No. 40 - Vito Ienunolo, 8092 Mount Olive Crescent. The communication advises
strong opposition to the proposed changes in the by-law.
-AND-
Conununication No. 41 - Fred and Donna Reece, 3567 Glendale Place. The communication advises
as strongly objecting to the proposed change in lot sizes.
His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be
followed under the Planning Act.
The Deputy City Clerk advised that the Notices of the Public Meeting had been forwarded
prepaid First Class mail to all owners and persons assessed as of land within 120 meters of the subject
lands on January 14, 1994.
His Worship received indication that Mr. Brian Sinclair, was in attendance on behalf of the
applicant; and received a positive response to his request for a show of hands by persons present who
were interested in the application. He requested that all persons wishing to receive further notice of the
passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development referred to the subject property with the assistance
of posted sketches and reviewed the following information included in Technical Report No. PD-94-17;
Proposal; General Information; Background; Land Use Analysis; Subdivision Design; Stormwater
Management; Noise; Parkland; Nature of the Zone Change; Site Plan Control; and the Public Notification
Process.
His Worship Mayor Thomson received a negative response to his request for comments from
persons, other than the applicant or his agent, in support of the application, and received a positive
response from persons opposed to the application.
Victor Muratori, Solicitor advised his client was opposed to the proposal; provided Council with
a copy of Communication No. 42 - a submission booklet; reviewed and provided information on the
chronology of events leading to the proposed plan of subdivision; addressed the matter of secondary
planning and changes in zoning; advised the application was premature and that it would have a negative
impact on his clieta's subdivision and a negative impact on the individuals who had purchased lots and
built homes in the area. Mr. Muratori suggested that there be a "wait and see" attitude regarding the.
current market situation.
Nick Minoff, 2455 Lepp Avenue, indicated his opposition to the proposal and stated that he and
other individuals had purchased lots on the understanding that the minimum requirements would be met
in the area and that it was not fair to the purchasers who had made a commitment. Mr. Minoff urged
Council to vote against the proposal.
S. Gupta, 3620 Matthews Drive, expressed opposition to the proposal and indicated that families
had put most of their life savings into purchasing the properties and indicated that reducing the proposed
lot size would effect their propertins in a negative way.
Norman Annitnge, 7112 Brian Crescent, indicated that he had bought the property on the basis
thai it would be a quality area with long term planning; expressed concerns regarding increased traffic;
lots would decrease in value. Mr. ArmRage requested that no changes be made since significant
investments had been made by builders and prospective home owners.
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Frank Costantino, 6496 Janvary Drive, expressed concerns and stated that smaller lot sizes
would devalue property lots in Mount Cannel II area.
Ron McClure, a resident on Brian Crescent, indicated that he had purchased a lot in Mount
Carmel Phase II and wished to express opposition to any proposed amendments.
Brian Sinclair, Solicitor, stated the application had been submitted on the basis that smaller lots
would be easier to sell; advised that his client was prepared to amend the proposal to include increasing
the lot frontage from 46 feet to 60 feet; with 50 foot lots on the northside, and to increasing the number
of lots on the southside from 9 to 10 which abut Mr. Branscombe's subdivision.
Mr. Sinclair noted that the new proposal would not affect Mr. Branscombe's subdivision and that
the applicant would come back to Council with a comprise zoning by-law anlendment.
Since no further comments were forthcoming, His Worship Mayor Thomson declared the Pul~lic
Meeting with regard to Application AM-20/93 closed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
correspondence be received and filed. Carried Unanimously.
ORDERED on the motion of tdderman Hendershot, seconded by Alderman Fisher, that the application
be denied. Carried Unanimously.
!
PD-94-23 - Chief Administrative Officer - Re: Proposed Plan of Subdivision; 26T-930084; Zoning
By-law Amendment Application, A1VI-15193, Mewburn Heights, Mewburn & Mountain Roads. The
'report recommends the following:
1. That the Mewburn Heights Plan of Subdivision be approved subject to:
(i) appropriate design arrangements being made at the ends of the proposed streets which will
function properly with or without the integration of the remaining lands to the west;
(ii)
the completion of a stormwater management study, the design of tile proposed stormwater
management area and a landscaping plan all being finalized and approved by the City and other
appropriate authorities;
(iii) the conditions attached in Appendix I;
2. That 'Council support the modified R2 zoning with smaller lot singles and the NC zoning, but not
support the increased building coverage provision for the proposed residential lots;
3. That the neighbourhood conunercial block be made subject to Site Plan Control.
-AND-
Conununication No. 43 - Regional Niagara, Planning & Development Department.
communication advises as having no objections to the approval of official plan amendment 2.
The
- AND -
Conununication No. 44 - Niagara Peninsula Conservation Authority. The communication advises as
having no objections to the amendment application; but requests the submission of grading and drainage
plans in order to ensure that drainage is adequately acconunodated across the site.
His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be
followed under the Planning Act.
The Deputy City Clerk advised that the Notices of the Public Meeting had been forwarded .by
First Class mail to all owners and persons assessed as of land within 120 meters of the subject land~ on
January 14, 1994.
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His Worship Mayor Thomson received indication that Mr. Dennis Landry was in attendance on
behalf of the applicant; and received a positive response to his request for a show of bands by persons
present who were interested in the application. He requested that all persons wishing to receive further
notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the
meeting.
The Director of Planning and Development referred to the subject property with the assistance
of posted sketches and reviewed the following information included in Technical Report No. PD-94-17;
Proposal; Background; Land Use Analysis; Subdivision Design; Stormwater Mnnagemem; Noise;
Parkland; Nature of the Zone Change; Site Plan Control and the Public Notification Process.
His Worship Mayor Thomson received a negative response to his request for con~nents from
persons, other than the applicant or his agent, in support of the application, and received a positive
response from persons opposed to the application.
Mr. John Brigis, 7354 Schol~ed Street, indicated that the construction of a noise attenuation
barrier which would close off the visibility of his project and requested that it also be taken into account
that his property was zoned Tourist Commercial.
Ii was noted that there was a great deal of concern regarding the lack of development on Mr.
Brigis's properly.
Dennis Landry, Upper Canada Consultants, advised that the applicant was in favour of staff's
recommendations and thanked staff for the processing and expediting of the application. Mr. Landry
addressed the following financial concerns: the cost sharing of sidewalks on Mewburn Road;
development charges to be paid at building permit stage; parkland dedication - that value cash in lieu
at the day before draft approval; and cost-sharing in the upgrading of Mewburn Road.
Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public
Meeting with regard to AM-15/93 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
correspondence be received and filed. Carried Unanimonslv.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be
approved subject to the four items be negotiated between staff and the developer. Carried Unanimously.
PD-94-30 - Chief Administrative Officer - Re: Official Plan & Zoning Amendment Application; AM-
26/92, Vjncenzina Biamonte Part 2, Plan 59R-2580, North Side of Thorold Stone Rd. West of
Thoroweat Plaza. The report recommends the following:
1. That Council's consideration of its impact on existing and approved, but not yet built commercial
space and concerns during the public meeting;
That the availability of capacity at the Region's Kalar Road Pumping Station;
That the payment of Development Charges and the costs of constructing a sidewalk across the
frontage of the site;
4. That Site Plan Control to address the overall development of the project and the inclusion of a
landscaping provision in the mending by-law.
- AND -
Communication No. 45 - IBI Group - Consultants. The communication summarizes the review of the
Analysis of Market Support - Expansion of Thorowest Plaza.
- AND -
Conununlcatlon No. 46 - Mlalstry of Natural Rnsourees. The communication requests an extension
until February 28, 1994 regarding the watercourse through the subject area.
...5
His Worship Mayor Themsou declared tile Public Meeting open and read the procedure to be
followed under the Planniug Act.
The Deputy City Clerk advised that the Notices of the Public Meeting had been forwarded by
prepaid First Class mail to all owners and persons assessed as of land within 120 meters of the subject
lands and advertised in the Niagara Falls Review on January 14, 1994.
His Worship received indication that Mr. Fred Paul, was in attendance on behalf of the applicant;
and received a positive response to his request for a show of hands by persons present who were
interested in the application. He requested that all persons wishing to receive further notice of the
passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development referred to the subject property with tile assistance
of posted sketches and reviewed the following information included in Technical Report No. PD-94-16;
Proposed Amendments; Submissions; Official Plan; Other Proposed Conm~ercial Facilities; Market
Analysis; Land Use Compatibility; Nature of the Amendments; Site Plan Control; and the Public
Notification Process.
His Worship Mayor Thon~son received a positive response to his request for comtnents from
persons, other than the app!icant or his agent, in support of the application, and received a positive
response from persons opposed to the application.
The Director of Planning and Development responded to concerns regarding ingress and egress
of the plaza; proposed parking facilities and sidewalks on Montrese Road.
Lonie Bourdolone, addressed Council on behalf of Mr. and Mrs. Nick Dilibero, who had
indicated they were in support of the proposal. Mr. Bourdolone discussed the proposal which called for
the implementation of fencing, landscaping and buffering and advised that the owners wisbed to move
the entranceway to a more easterly position for the purpose of maneuvering in and out of their driveway.
Victor Muratori, Solicitor, provided Communication No. 47 - a submission booklet to members
of Council and discussed the series of events leading up to the rezoning application. Mr. Muratori
reviewed the proposed community shopping centre policies; commercial node classifications; the
Commercial/Office Opportunities Study, 1988; discussed Major Commercial; Minor Commercial and
Neighbourhood Commercial Districts in the Official Plan. Mr. Muratori referred to Article 3.5 of the
General Policies, which stated that "an unforseen shift in retail trends, a change in the market or trade
area or special locational requirements of a comn~ercial facility may create demand for a new or major
expansion of commercial areas"; and advised that due to recessionary times, investors are not prepared
to commit to a commercial facility.
Alderman Margaret Germane left the meeting.
Ken Gonyo, Development Co-ordinator of Landcorp. Ontario Ltd., expressed concern
regarding the approval of more commercial space in the area; provided a brief outline of the history of
their site; reviewed the market study submitted by the IBI Group; discussed existing City policies and
advised there have not been changes or shifts to warrant expans on of conunercial areas, only economic
decline. Mr. Gonyo stated that if the application was approved, his organization would do their o.wn
market study and would reapply for a commercial use on their site.
The Director of Planning and Development advised that the market study demonstrated there was
a need for such a project and that it did not impact on the existing centres; he indicated that if Council
wished to approve the proposal, that it do so considering the impact of this development via the policy
on the existing planned centres. '
Audrey Jacob, IBI Group, provided an overview of a Market Study prepared by the IBI Group,
and reviewed the three major areas of concern; the delineation of the Trade Area; the potential identified
for Service Commercial purposes; and the potential identified for other Retail Space purposes.
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Communication No. 48A - Peter Grandoni, R.R. #1, 4810 Garner Road, provided a copy of concerns
and indicated he was not against the proposed application but that he wished to express the following
concerns: that no fill be permitted in the W52 Shriners Creek tributary; that no dumping or filling of
W52 right of way be permitted and written into the site plan control of this application; that the W52
tributary be left as an open channel and not piped, as this will impact on downstream properties.
Fred Paul, Consultant, Hynde, Paul & Associates, responded to Mr. Grandoni's concerns and
advised that there would be no filling or piping into the creek from the development; indicated that the
applicant was in fayour of staff's position; stated that fencing and landscaping provisions would be
covered at the site plan stage; referred to access provisions to Thorold Stone Road; referred to the flew
community node. Mr. Paul stated that the applicant was looking at developing a complementary facility
and did not wish to compete with Mr. Branscombe.
I~lr. Paul introduced Mr. Sulchies, Planner in Marketing Studies, who advised that this was
the proper community shopping centre for that location and that ample provision had been made for the
development of the centre; referred to long planning horizon and the individuals in the area who would
require access to convenience and commercial services; and indicated that the potential for a service
commercial space should be met on the community shopping centre site.
The Director of Planning and Development advised that the site plan should address the issue of
provisions of landscaping and buffering through a phased approach.
Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public
Meeting with regard to Application AM-26/92 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the
correspondence be received and filed. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
application be denied. The motion Carried with the following vote:
AYE: Aldermen Craitor, Cummings, Fisher, Hendershot, Janvary, and Sherar.
NAYE: Aldermen Cowan and Susin.
MISCELLANEOUS PLANNING MATTERS
PD-94-20 - Chief Administrative Officer - Re: Development Approvals of Testamentary Devise
Parcels. The report recommends the following:
1. That Council receive this report and provide for its circulation to all persons aud/or agencies having
an interest in this matter;
2. That consideration of the report together with any input received be scheduled for the Planning
Council meeting of March 21, 1994.
Alderman Fisher referred to the following matters: that lots not be allowed to proceed without
the proper levies being paid; the impost fee; road widening and future sidewalks. She indicated that there
should be a provision before paying for the services when hookups are available.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be
received and adopted. Carried UnanimousIv. '
The Director of Planning and Development advised that Council had previously requested that
a by-law be drafted regarding a minimum standard of 25 acres which had included the Pietriangelo Will
and indicated that when Council had not approved the 25 acre by-laW it also did not approve the
Pietriangelo Will.
Following further discussion it was ORDERED on the motion of Alderman Cowan seconded by
Alderman Cummings, that staff be directed to a prepare a draft by-law with respect to ~:~empting the
Pietriangelo Will. Carried Unanimously.
,..7
PD-94-10 - Chief Administrative Officer - Re: Provincial Changes to Reform the Plmming and
Development System in Ontario. TIle report reconunends the following:
1. That Council adopt this report;
2. That a copy be forwarded to the Ministry of Municipal Affairs to advise of the Municipality's
concerns.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report be
received and adopted. Carried Unanimously.
PD-94.19 - Chief Administrative Officer - Re: Response to Regional Niagara Platming Report
"Changes to Quarry Licence Port Colborne Quarries Ltd.". The report recommends the following:
1. That the Ministry of Natural Resources, being informed the City of Niagara Falls endorses the
Region's request that agencies have the opportunity to review and colmnent on replacement site plans;
2. That a copy of this report be forwarded to the Ministry of Natural Resources and Regional
Municipality of Niagara.
ORDERED on the motion of Alderman Sherar, seconded by Alderman Cunnnings, that the report be
received and adopted. Carried Unanimously.
PD-94-21 - Chief Administrative Officer - Re: Request for Extension to Draft plan Approval
Greenway Estates; 26T-90002 (Revised). The report recommends the following:
1. That a Council resolution supporting a one-year extension to the Greenway Estates Draft Plan of
Subdivision be adopted and forwarded to the Regional Municipality of Niagara, conditional upon the
applicant re-erecting the appropriate subdivision sign which complies with Municipal and Regional
requirements;
2. That a copy of this report and Council's decision be forwarded to the Regional Municipality of
Niagara.
ORDERED on the motion of Alderman Cmmnings, seconded by Alderman Hendershot, that the report
be received and adopted. Carried Unanimously.
See Resolution No.09
PD-94.22 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval
Parkway Acres; 26T-87010. The report recommends the following:
1. That a Council resolution supporting a one-year extension to the Parkway Acres Draft Plan of
Subdivision be adopted and forwarded to the Regional Municipality of Niagara, conditional upon the
applicant maintaining the appropriate subdivision sign which complies with Municipal and Regional
requirements;
2. :That a copy of this report and Council's decision be forwarded to the Regional Municipality. of
Niagara.
ORDERED on the motion of Alderman Hnndershot, seconded by Alderman Cummings, that the report
be receivgd and adopted. Carried Unanimously.
See Resolution No. 10
PD-94-28 - Chief Administrative Officer - Re: Site Plan Approval YWCA Residential Complex,
Ailanthns Avenue, Site Plan Control - SPC -94-03. The report recommends the following:
That Council approve the above subject Site Plan for a proposed sixty unit apartment building
pursuant to Section 41 of the Planning Act, comprising of the site servicing and grading plan b~ing
drawing no, 92-29-09; the landscape plan being drawing no. L2 and the site lighting, power and
communication plan being drawing no. E 1.;
That Council pass the by-law on tonight's agenda that amends By-law 80-114 designating a fire route
for the above subject development proposal as shown on the attached plan and the display plan.
-8-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report be
received and adopted. The motion Cart ed. with Alderman Susin voting contrary to the motion and with
all others voting in favour.
See By-law No. 94-51
MW-94-31 - Chief Administrative Officer - Re: Amendment to the Development Charges By-law
No. 91-267 as amended. The report recommends the following:
1. That toniCht's meeting be c°nsidered as tha required Public Meeting as per the Devel°pment Charges
Act;
2. That any Member of the Public be given an opportunity to speak on the By-law;
3. That the amending By-law on tonight's agenda be approved.
His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be
followed under the planning Act.
The Deputy City Clerk advised that the Notice of the Public Meeting had been advertised in the
Niagara Falls Review on January 14, 1994.
Since there was no one in attendance and no further comments were forthcoming, His Worship
Mayor Thomson declared the Public Meeting with regard to Development Charges By-law 91-267 closed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report
be received and adopted. Carried Unanimously.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherat, that the minutes of
the Regular Council meeting of February 7, 1994 be adopted. Carried Unanimously.
COMMUNICATIONS
Communication No. 48B - The City of Stoney Creek - Re: Resolution. The communication requests
Council support a resolution petitioning the Provincial government to legislate measures for the sale,
rental and distribution of pornographic material equivalent to the restrictive.measures legislated for the
sale and distribution of'cigarettes.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the request be
supported. Carried Unanimously.
Conununication No. 49 - The Royal Canadian Naval Association, Niagara Region - Re: Proclamation.
The communication requests Council proclaim April 251h to April 291h, 1994 as "Battle of the Atlantic
Week"; and further that permission be granted to conduct an official Flag Raising ceremony at 9:30 a.m.
on Monday, April 25, 1994.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the request be
supported subject to established policy, Carried Unanimously.
Conununieation No. 50a) Niagara Transit - Re: 1993 Statement of Affairs. The communicati~on
provides a Statement of Affairs for the Greater Niagara Transit Commission for the year ending
December 31, 1993; and Coramunication No. 50b) Niagara Chair-A-Van - Re; 1993 Statement of
Affairs and Audited Statement for Niagara Chair-A-Van.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
communication be received and flied for the information of Council. Carried Unanimously.
...9
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Conammication No. 51 - The Niagara Parks Commission - Re: Kingsbridge swimtning area. The
communication provides information to Council that steps would be taken to close the Kingsbridge
swimming area this year.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
communication be received and filed for the information of Council. Carried Unanimously.
Conununication No. 52 - Niagara Falls Bridge Centmission - Re: Federal Government Infrastructure
Transfer Payment. The conununication requests that the Commission's developments planned for the
Rainbow and Whirlpool Bridges be included in the City's infrastructure projects.
ORDERED on the motion of Alderman Cunmlings, seconded by Alderman Janvary, that the matter be
referred to staff. Carried Unanimously.
Communication No. 53 - Regional Niagara, Office of the Clerk - Re: 1994 Uniform Sewer and Water
Rate Report. The communication provides information regarding the 1994 Uniform Sewer and Water
Rate.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the
communication be received and flied for the information of Council. Carried Unanimously,
Communication No. 54 - Regional Niagara, Office of the Clerk - Re: Apportionment and Due Dates
for the 1994 Preliminary Regional Tax Levy. The communication provides information respecting
apportionment and due dates for the 1994 preliminary Regional Tax Levy.
ORDERED on the motion of Alderman Cunxmings, seconded by Alderman Hendershot, that the
communication be received and filed for the information of Council. Carried Unanimously.
REPORTS
MW-94-32 - Chief Administrative Officer - Re: Municipal Works Department; Buildings Division -
Report for January, 1994. The report recommends that this report b received and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the report
be received and filed. Carried Unanimously.
FD-94-02 - Chief Administrative Officer - Re: Purchase of a Fire Department Pumper. The report
recommends that Council approve the purchase of a fire department pumper from Superior Emergency
Equipment for the quoted price of $168,000.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report.be
received and filed. Carried Unanimously.
F-94-10 ~ Chief Administrative Officer - Municipal Accounts. The report recommends that the
accounts totalling $510,428.54 for the period ending FebmaW 14, 1994, be approved by the passing of
the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Sherat, seconded by Alderman Cowan, that the report be
received and filed. Carried Unanimously.
See By-law No. 94-54
RATIFICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the actions taken
on the following matters by the Finance Committee, earlier this evening, be approved.
1. Adopt the Minutes of February 7, 1994 Finance Committee Meeting;
Social Planning Council - table the original motion and establish a special committee of Council and
staff to review the requests of the Social Planning Council and to report back to the Finance
Committee in a month's time with a recommendation - Aldermen Craitor and Susin opposed.
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3. Visitor and Convention Bureau - establish a special committee of Council and staff to review the
request of the Visitor and Convention Bureau and to report back to the Finance Committee in a
month's time with a recommendation. - The following volunteered to sit on the Committee: Mayor
Thomson, Aldermen Craitor, Fisher, Hendershot and Susin. Alderman Janvary volunteered to sit
on either the committee for the Social Planning Council or the Visitor and Convention Bureau,
wherever she was needed ~nost.
4. Report FC-94-03 - Amendment of Interest - Rate on Overpayment of Taxes - approve the rate of
interest at 5.5% for overpayment of taxes as a result of Assessment Appeals.
5. Report FC-94-04 - Quotation for Street Light Fixtures - approve the award of the supply of street
lighting fixtures for 1994 to NEDCO based upon quotation #107-93.
6. Report FC-94-05 - Water Service and Sewer Fittings - Water Meters, and Sewer Frames and Grates
- approve the award of water service and sewer fittings, water meters and sewer frames and grates
for the municipal stores for 1994 to Westburne Supply Ontario, Division of Westburne Industrial
Enterprises Ltd., Burlington.
7. Report FC-94-06 - Tender for Gasoline and Diesel Fuel - approve the award of the supply of
gasoline and diesel fuel to Petro Canada Inc. based upon the Niagara Co-Operative Tender #94-T-01.
8. Report FC-94-07 - General Insurance Report - approve the 1994 insurance program at an annual
premium of $410,875; and 2) approve the amendments, as outlined, to the City's general insurance
program at an annualized premium savings of $26,743 - Alderman Susin opposed to not increasing
the Environmental Liability Insurance.
Carried
It was moved by Alderman Cummings, seconded by Alderman Fisher, that approval be granted to
proceed past 11:00 p.m. Carried Unanimously.
L-94-10 - Chief Administrative Officer - Niagara Distribution Services Licence Agreement with the
City; Stanley Avenue; File No. 94-C2-028. The report recommends to authorize the City to enter into
a Licenee Agreement with 458519 Ontario Limited c.o.b. as Niagara Distribution Services to use a strip
of land located on Stanley Avenue for the purpose of a driveway.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the report
be received and adopted. Carried Unanimously.
RESOLUTIONS
NO. 08 - HENDERSHOT - CUI~A~IINGS - RESOLVED that Council oppose any amendment to the
Environmental Protection Act which would affect the extension, alteration or other undertakhig to an
existing landfill site; and further that representation to be made to the Committee studying Bill 62 to voice
Couneil's opposition in that regard;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
- AND -
Bill 62 - An Act to amend the Environmental Protection Act in respect of the Niagara Escarpment.
ORDERED on the motion of Aldennan Hendershot, seconded by Alderman Cummings, that the
communication be received and filed. Carried Unanimously.
NO. 09 - CUIVIMINGS - HENDERSHOT - RESOLVED that the Council of the Corporation of the City
of Niagara Falls hereby supports a one-year extension to the Greenway Estates draft plan of subdivision
and that the Regional Municipality of Niagara be so informed, conditional upon the applicant maintaining
ihe appropriate subdivision sign which complies with the Municipal and Regional requirements.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
...11
Letter of Condolence
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that a letter of
condolence be forwarded to the family of the late Glen Basseli, Platoon Chief and Director of Training
of the Niagara Falls Fire Department. Carried Unanimously.
Firelanes in Plazas
Alderman Shirley Fisher requested that the matter of policing firelanes in plazas be looked into.
Alderman Pat Cummings also stated there was a need for policing handicap parking areas aud the need
for overhead handicap parking signs. It was suggested that the Solicitor look iuto the matter.
Store Ottonines on Good Friday
Alderman Shirley Fisher advised that the communities of Niagara-on4he Lake and Fort Erie will
be reapplying for a permit to have stores open on Good Friday and indicated she was presenting a notice
of motion of amending the application to the Region regarding store openings on Good Friday in Niagara
Falls.
Niaaara Youth Concert
Alderman Paisley Janvary referred to the "Niagara Youth Orchestra in Co,~cert" which was being
held this Sunday, February 20, 1994 with the proceeds going to the Niagara Falls Catscan.
Building Trade Meetinns
His Worship Mayor Thomson advised that Alderman Shirley Fisher and staff had met with the
building and construction industry to discuss how to stimulate construction in the area. He indicated that
once the information has been formulated on how to stimulate housing construction and create some jobs,
it will be brought to Council's attention.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Sherar, that the meeting be
adjourned. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
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NO. 10 - HENDERSHOT - CU1VIMINGS - RESOLVED that the Council of the Corporation of the City
of Niagara Falls hereby supports a one-year extension to the Parkway Acres draft plan of subdivision and
that the Regional Municipality of Niagara be so informed, conditional upon the applicant maintaining the
appropriate subdivision sign which complies with the Municipal and Regional requirements.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cmmnings, seconded by Alderman Hendershot, that leave be
granted to introduce the following by-laws, and the by-laws be read the first tinre:
94-51
A by-law to amend By-law 80-114, as amended, being a by-law to designate private roadways
as fire routes along which no parking of vehicles shall be permitted.
94-52 A by-law to authorize the execution of an amending agreement with 800460 Ontario Limited
and others respecting Belleview Estates Subdivision Plan 1, Stage II.
94-53 A by-law to amend By-law 91-267, being a by-la~v with respect to development charges.
94-54 A by-law to authorize monies for General Purposes (February 14, 1994).
The motion Carried with Alderman Susin abstaining from the vote on By-law No. 94-52 on a conflict of ~
interest previously noted and with all others voting in fayour.
ORDERED on the motion of alderman Cummings, seconded by Alderman Hendershot, that the following
by-laws be now read a second and third time:
94-51
A by-law to amend By-law 80-114, as amended, being a by-law to designate private roadways
as fire routes along which no parking of vehicles shall be permitted.
94-52
A by-law to authorize the execution of an amending agreement with 800460 Ontario Limited
and others respecting Belleview Estates Subdivision Plan 1, Stage II.
94-53 A by-law to amend By-law 91-267, being a by-law with respect to development charges.
94-54 A by-law to authorize monies for General Purposes (February 14, 1994).
The motion Carried with Alderman Susin abstaining from the vote on By-law No. 94-52 on a conflict of
interest previously noted and with all others voting in favour.
NEW BUSINESS
Ukrainian Hockey Team
His Worship Mayor Thomson discussed the plight of the Ukrainian Hockey team and thanked
Alderulan Pat Cummings for his assistance in obtaining a bus to accommodate the team and get them to
the Niagara Falls Arena and in providing food for the team.
Alderman Cummings advised that Mr. Jack McLaren was instrumental in escorting the players and
providing them with a sightseeing tour of Niagara Falls; and thanked Mr. Gus ~accone, Niagara Falls
Thunder and Falls Manor for their assistance. Alderman Cummings indicated that Community Living
provided half of the proceeds from the 50/50 draw held at Thunder Games tO the team. '
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher that letters of thanks
be forwarded to Jack McLaren for providing bus services and to Gus Saccone, Niagara Falls Thunder
for their assistance to the Ukrainian Hockey team. Carried Unanimously.
SEVENTH MEETING
REGULAR COUNCIL MEETING
Council Chambers
February 21, 1994
Council met on Monday, February 2i, 1994 at 7:30 p.m. for the purpose of considering
Regular Council Business. All members of Council, with the exception of Alderman Puttick, who
was away on City business; and Alderman Germano, who was away due to illness, were present.
His Worship Mayor Thomson presided as Chairman. Alderman Janvary offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Bruce Ward referred to the Minutes of February 14, 1994 and indicated a
pecuniary interest on Report PD-94-18, because he owns property in the area; and indicamd a
pecuniary interest on Report L-94-10, because tm was a shareholder in the company.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the Minutes
of the Planning/Regular Meeting of February 14, 1994 be adopted as amended. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Cummings indicated a pecuniary interest on Report F-94-11, Cheque No. 20057
because his wife is employed by the company.
Alderman Cowan indicated a pecuniary interest on Report F-94-11, Cheque No. 200541,
because the recipient is his employer.
Alderman Craitor indicated a pecuniary interest on Report F-94-11, Cheque No. 200547,
because he sits on the Board as a volunteer member.
Alderman Ward indicated a pecuniary interest on By-law No. 94-55, because he is a
shareholder in the company.
DEPUTATIONS
Mr. Dan Walker, District Commissioner, Boy Scouts of Canada, Niagara District
Council .indicated that Scouting has helped Canadian youth develop their character and skill from
their experience with Scouting and that each year, a week is set aside to celebrate Scouting. Mr.
Walker requested that Council proclaim the week of February 20, 1994 as "Scout-Guide Week".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
request be approved subject to established policy. Carried Unanimously.
Mr. Dan Walker thanked the City of Niagara Falls and the Community for their support and
encouragement and presented the Boy Scouts Flag to His Worship Mayor Thomson to be flown
during Scout-Guide Week.
PRESENTATIONS
In Apnreciation
His Worship Mayor Thomson presented a token of appreciation on behalf of the City and
residents to Christopher Howea for his involvement with Scouting and the Community.
.2.2
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-3 -
Communication No. 57 - Gord Mills, MPP Durham East - Re: Casino in Niagara Falls. The
Heroism communication offers support to the City of Niagara Falls' attempt to locate a casino ni Niagara
His Worship Mayor Thomson presented tokens of appreciation to Loretta Strika and her . Falls.
father Steven Strika of Detroit, Michigan, for their acts of heroism in a near-drowning incident in I ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that tile
August, 1993. ]communication be received and filed for the Information of Council. Carried Unanimously.
Trillium Awards
His Worship Mayor Thomson presented the 1993 Trillium Chrisunas Lighting Awards to the
following:
RESIDENTIAL:
First: John & Mililcent Gruyich;
Second: Steve & Theresa Margittay;
Tied for Second: Howard & Beryl McGarry;
Third: Doug Heximer &Lana Marion;
Tied for Third: Alex & Clara Draper;
COMMERCIAL:
First: Betty Bolus & Bill Ne~vman (The Secret Garden Restaurant);
Second: Carol Knight (Flowers "R" Us);
Third: Guiseppe Fragnito (Mr. Cappuccino);
BUILDINGS:
First: Lundy's Lane Historical Museum - Margaret Ann Tabaka;
Aldermen Cowan and Susin requested that the Minutes of February 14, 1994 be amended to
reflect that they had voted contrary to the motion with respect to Application AM-26/92.
Alderman Craitor requested that the Minutes of February 14, 1994 be amended to reflect that
he had voted in fayour of the motion with respect to Application AM-26/92.
It was indicated that conflicts as noted in the Minutes of February 14, 1994 on Application
AM-26/92, may impact on the results of the vote held, it was requested that the Solicitor and the
City Clerk review the declarations and tape of the Council meeting to determine the vote on this
item.
Communication No. 58 - Clifton Hill B.I.A. - Re: Clifton Hill Streetscape. The communication
requests that Council support the initiative of expanding the streetscape redevelopment project to
include lower Clifton Hill between Falls Avenue and River Road and Falls Avenue from Clifton Hill
to the Rainbow Bridge.
ORDERED on the motion of Alderman Hendershot, seconded by Aldermau Cutinnings, that the
matter be referred to staff and to meet with the group. Carried Unanimously.
Communication No. 59 - Ministry of Municipal Affairs - Re: Regulation of petting zoos by
municipalities. The communication advises that the Ministry of the Solicitor General and
Correcti6nal Services are reviewing submissions regarding file regulation of zoos and animal exhibits.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Ward, that the communication
be received and filed for the Information of Council. Carried Unanimously.
Communication No. 60 - Stamford Centre Volunteer Firemen's Association - Re: 43rd Annual
Stamford Centre Volunteer Firemen's Carnival. The communication requests that permission be
given to hold the Carnival from June 15, 1994 to June 18, 1994 inclusive; and to bring Canada's
Magic Midway (formerly Joyes Amusement and concessions) to provide rides for the carnival.
ORDERED on the motion of Alderman Susin, seconded by Alderman Janvary, that the request be
approved subject to established policy. The motion Carried with Alderman Cummings, abstaining
from the vote on a conflict of interest, because he is involved with the group and with all others
voting in favour.
Communication 61 - Canadian Wildlife Federation - Re: Proclamation. The communication
requests that Council proclaim the week of April 10 to April 16, 1994 as "National Wildlife Week"
in Niagara Falls.
ORDERED on the motion of Alderman Cunnnings, seconded by Alderman Susin, that the request
be supported. Carried Unanimously.
REPORTS
COMMUNICATIONS & COMMENTS OF CITY CLERK
Communication No. 55 - Office of the Prime Minister - Re: Council's letter regarding peusious
of Members of Parliament. The communication provides information regarding pensions of
Members of Parliament in the Speech from the Throne to Open The First Session of the Thirty-Fifth
Parliament of Canada.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
communication be received and flied for the Information of Council. Carried Unanimously.
R-94-07 - Chief Administrative Officer - Oakes and Ker Parks Scoreclocks. The report
recommends that City Council approve the by-law appearing on this evening's agenda authorizing
the execution of an agreement with Coca Cola Bottling.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the report be
received and adopted. Carried Unanimously.
See By-law No. 94-57
R-94-08 - Chief Administrative Officer - Purchase and Installation of Dehumidi~cation Units
for Niagara Falls Memorial Arena. The report recommends that Council approve the by-law
Communication No. 56 - Niagara District Airport Commission - Re: Audited Financial appearing later on this evening's agenda authorizing an agreement with HECO Refrigeration for the
Statements. The communication provides Financial Statement information for the Niagara Districtt' purchase and installation of two (2) dehumidification units for Niagara Falls Memorial Arena at a
Airport Commission for the year ending December 31, 1993. , cost of $39,152.37.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Shetar, that thct ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, titat the report
communication be received and filed for the Information of Council. Carried Unanimously. be received and adopted. Carried Unanimously.
See By-law No. 94-58
~4-
R-94-10 - Chairman, Ontario Winter Games Committee - '95 Ontario Winter Games - Update.
The report recommends that this report be received and filed for information.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that .the
report be received and adopted. Carried Unanimously.
R-94-11 '- Chairman, Civic Committee - Adopt-A-Street Program. The report recommends the
following:
1. That this report be received and filed for information;
2. That a copy of this report be provided to the City's Environmental Planning and Greening
Committee for information.
ORDERED on the motion of Alderman Cummings, seconded by Alderman OFF, that the report be
received and filed for the information of Council. Carried Unanimously.
PD-94-32 - Chief Administrative Officer - Action Arising from the Local Architectural
Conservation Advisory Committee (LACAC). The report recommends the following:
1. ThatCityC~unci~ad~pttheres~~u~~n~nt~night~sC~un~i~agendapr~c~aimingFebmary2~~27~
1994 as Heritage Week;
2, That City Council authorize the payment of a grant for $2,610 to Gary Burke for restoration, of
a designated property;
3. That City Connail endorse Report PD-94-27 in support of the proposed new Heritage Act and
submit the comments to the Ministry of Tourism and Recreation.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 11
RATIFICATION OF MUNICIPAL WORKS COMMITTEE
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
actions taken on the following matters by the Municipal Works Committee, earlier this evening, be
approved.
1. Adoption of the Minutes of February 7, 1994 meeting;
2. MYV-94-37 - Tee Creek - Alternatives for Assessment of Costs - that Scenario #2 (c) with nQ
carrying charges, be chosen allowing all property owners within the City of Niagara Falls to get
their assessment reduced with the following estimated costs: i) OMAF Grant - $29,458; ,ii)
Municipality's Cost - $101,912 and iii) Landowner's Cost - $44,948 with a total net assessment
and OMAF Grant: $176,3 18; Alderman Sberar opposed to the motion;
lWvV-94-18 - Summary of Waste Diverted from Landfill in 1993 - that i) The Summary Table
of Waste Diverted from Landfill in Niagara Falls in 1993; ii) Comparison of 1992 and 1993
Recyclable Collection - Residential Blue Box; and iii) Comparison of 1992 and 1993 Recyclable
Collection - Multi-Unit Residential and Commercial Properties be received and fried for
information;
4, MVV-94-34 - Goods Exchange Days - that staff proceed with the promotion of "Goods
Exchange Days" on the weekend of April 30th and May 1st, 1994;
MW-94-35 - 1994 Household Hazardous Waste Days - that a) A tender be issued for
Household Hazardous Waste Collection Services; and b) The City of Niagara Falls enter into
an arrangement with the City of St. Catharines to allow each Municipality's residents to attend
either Municipality's Household Hazardous Waste Collection Events;
-5-
6. M'vV-94-36 - Public Information Session - Oakes Drive & Livingstone Street - that the
information contained in Report MW-94-36 be received and filed;
7. MW-94-38 - 1993 Transportation Safety Association Awards - that 1) Drivers who have
completed ten or more years of accident-free driving be authorized to attend the Transportation
Safety Association Banquet on Saturday, March 26, 1994 at a cost of $18.50 (including G.S.T.)
per ticket; and 2) that awards be presented to eligible drivers at the Municipal Service Centre
by His Worship the Mayor, at 3:00 p.m. on Wednesday, March 2, 1994;
8. Federal Infrastructure Program - that the Federal and Provincial governments be petitioned
for $400,000 ($200,000 each) supplemental funding under the Federal Infrastructure program
for the rehabilitation of River Road between Hiram Street and Glenview Street - Alderman Susin
declared a conflict of interest;
The motion Carried. with Alderman Susin declaring a conflict of interest with respect to the Federal
Infrastructure Progran~ because he holds a mortgage on property in the area and with all others
voting in fayour.
F-94-11 - Chief Administrative Officer - Municipal Accounts. The report recommends that the
accounts totalling $655,269.52 for the period ending February 21, 1994, be approved by the passing
of the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report
be received and adopted. The motion Carried with Aldermen Cowan, Craitor and Cummings
abstaining from the vote on conflicts of interest previously noted and with all others voting in favour.
See By-law No. 94-60
RATIFICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the actions
taken on the following matters by the Finance Committee, earlier this evening, be approved.
1. Adoption of the Minutes of February 14, !994 meeting;
2. C-94-02 - Overtime at City Hall - that Report C-94-02 be received and flied;
3. FC-94-08 - Loan Statement - that Report FC-94-08 be received and filed;
4. FC-94-09 - Tax Balances at January 31, 1994 - that Report FC-94-09 be received and
filed;
5. ' FC-94-10 - Statement of Remuneration and Expenses for Members of Council,
Committee of Adjustment and Recreation Commission - that Report FC-94-10 be received
and filed;
6. R-94-06 - 10-Year Park Development and Improvement Program - that the updated '10
Year Park Development Improvement Program be approved, in principle; and that funds be
allocated from the Park Development Accounts to complete the 1994 Park Development
Projects.
The motion Carried.
m
-6 -
RESOLUTIONS
NO. 11 - HENDERSHOT - CRAITOR - In recognition of the importance of the protection,
preservation and promotion of our built, natural and cultural heritage; AND WHEREAS all citizens
are encouraged to recognize the history and heritage of our community, through cultural exchange,
programs, projects and visits to historic sites; AND WHEREAS all citizens are invited to participate
in events that will assist in the enrichment and development of our understanding of our origins and
history of our community and create a cormnon identity; NOW THEREFORE BE IT RESOLVED
that by and with the approval of the Council of the City of Niagara Falls, file week of February 21
to February 27, 1994, is hereby proclahned as Heritage Week in the City of Niagara Fails;
AND the Seal of the Corporation be hereto affixed. Carried Unanimously.
BY-LAWS.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that leave.be
granted to introduce the following by-laws, and the by-laws be read the first time:
94-55
A by-law to authorize the execution of a licenee agreement with 458519 Ontario Limited,
c.o.b. Niagara Distribution Services respecting use of part of a 66-foot wide strip of land,
being part of Stamford Township Lot 60 for driveway purposes for the benefit of Niagara
Distribution Services.
94-56
A by-law to ranend By-law No. 89-2000, being a by-law to regulate parking and traffic
on City Roads (Stop Signs).
94-57 A by-law to authorize the execution of an agreement with Coca-Cola Bottling Ltd.
94-58
A by-law to authorize the execution of an agreement with 429408 Ontario Limited,
operating as HECO respecting dehumidification units for the Niagara Falls Memorial
Arena.
94-59 A by-law respecting the payment of deposits upon applications for permits..
94-60
A by-law to authorize the payment of $655,269.52 for General Purposes (February 21,
1994).
The motion Carried with Aldermen Cowan, Craitor and Cummings abstaining from the vote on By-
law No. 94-60 on conflicts of interest previously noted; and Alderman Ward abstaining from the vote
on By-law No. 94-55 on a conflict of interest previously noted and with all others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the following
by-laws be now read a second and third time:
94'55
A by-law to authorize the execution of a licenee agreement with 458519 Ontario Limited,
c.o.b. Niagara Distribution Services respecting use of part of a 66-foot wide strip of land,
being part of Stamford Township Lot 60 for driveway purposes for the benefit of Niagara
Distribution Services.
94..56
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic
on City Roads (Stop Signs).
94-57 A by-law to authorize the execution of an agreement with Coca-Cola Bottling Ltd.
94-58
A by-law to authorize the execution of an agreement with 429408 Ontario Limited,
operating as HECO respecting dehumidification units for the Niagara Falls Memorial
Arena.
- 7 -
94-59
94-60
A by-law respecting the payment of deposits upon applications tbr permits.
A by-law to authorize the payment of $655,269.52 for General Purposes (February 21,
1994).
The motion Carrie~! with Aldermen Cowan, Craitor and Curinnings abstaining from the vote on By-
law No. 94-60 on conflicts of interest previously noted; and Alderman Ward abstaining from the vote
on By-law No. 94-55 on a conflict of interest previously noted and with all others voting in favour.
NEW BUSINESS
Kin~sbrige Park
Alderman Pat Cununings provided information on the installation of a wading pool at and
of a future playground at Kingsbridge Park.
Temporary Water Sirvice due to Frozen Pipes
Alderman Pat Cummings addressed the issue of frozen water pipes of many Niagara F~lls
residents and indicated that residents should not have to pay for the water usage on temporary
service.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the matter
be referred to staff regarding the matter of payment for water on temporary service due to frozen
lines. Carried Unanimously.
Store Openines on Good Friday
Alderman Shirley Fisher advised that Fort Erie and Niagara-on-the-Lake will be
requesting the Region to allow store openings on Good Friday and Easter Sunday and suggested that
the City of Niagara Falls be included in the request to the Region for Good Friday and Easter
Sunday store openings.
Following some discussion, it was ORDERED on the motion of Alderman Craitor,
seconded by Alderman Hendershot, that the matter be deferred for further review. The motion
Carried with the following vote:
AYE: Aldermen Craitor, Cummings, Hendershot, Janvary, Sherat and Ward.
NAYE: Aldermen Cowan, Orr, Fisher, and Susin.
Tender Wishes Barbecue
Alderman Gary Hendershot thanked Mayor Thomson for his involvement in tile very
successful Tender Wishes Barbecue which had been held on February 19, 1994.
l~rehali Theatre Production
Alderman Gary Hendershot referred to a musical production entitled "Opening Night"
being held at the Fireball Theatre and highly recommended the production.
- 8-
Market Value Assessment
His Worship Mayor Thomson provided an update of the Market Value Assessment
meeting that had been held at the Region and advised that the matter had been deferred for sixty days
in order to provide an opportunity for further information to be brought forward.
The Director of Finance advised that a meeting was scheduled for February 22, 1994 to
further discuss the matter of Market Value Assessment.
Lighting at Stamford Jack Bell Arena
Alderman Kim Craitor referred to discussions held with staff regarding the poor lighting
at the back of Stamford Jack Bell Arena and indicated the lighting which had been provided has
improved the situation considerably, especially with respect m the safety aspect of the spectators
using that area and thanked staff for their efforts.
Alderman Kim Craitor referred to the use of a flashing warning light in front of the arena
on Fredcries Street and indicated that he wished to attend and make a presentation when the matter
goes before the Parking and Traffic Committee.
Mavor's Annual Blood Donor Clinic
His Worship Mayor Thomson thanked all the participants that had attended the very
successful Mayor's Annual Blood Donor Clinic which had been held on February 15, 1994.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the meeting
be adjourned. Carried Unanimously.
EIGHTH MEETING
COM1VIITTEE OF THE WHOLE
Committee Room #2
February 28, 1994
Council met on Monday, February 28, 1994 at 7:00 p.m. in Committee of the Whole. All
members of Council, with the exception of Alderman Cowan, who was away because of a death in
the family; and Alderman Germann who was away due to illness, were present. Alderman Janvary
presided as Chairman.
Following consideration of the items presented, the Committee of the Whole arose to repprt
in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
REGULAR COUNCIL MEETING
Council Chambers
February 28, 1994
Council met on Monday, February 28, 1994 at 7:30 p.m. for the purpose of consider!ng
Regular Council Business. All members of Council, with the exception of Alderman Cowan, who
was away due to a death in the family; and Alderman Germann, who was away due to illness, were
present. His Worship Mayor Thomson presided as Chairman. Alderman Susin offered the Opening
Prayer. ·
READ AND ADOPTED,
MAYOR WAYNETHOMSON
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
Minutes of the Regular Meeting of February 21, 1994 be adopted as printed. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures declared.
DEPUTATIONS
Niagara Falls Thunder Ticket Campaign
Randy Hall stated that the Niagara Falls Thunder were kicking off the 1994/1995 Seadon
Ticket Campaign with a ticket goal of 1500 subscribers and invited members of Council and residents
of the community to attend the games. Members of the Niagara Falls Thunder team, Ethhn Moreau
and Greg deVries, distributed complimentary tickets to members of Council and staff in attendance.
-2 -
- 3 -
His Worship Mayor Tbomson thanked Mr. Hall for his presentation and informed that the
City would look forward to assisting in the Thunder ticket campaign.
Alderman Pat Cutnmings invited His Worship Mayor Thomson and ~nembers of Council to
participate in the "Shoot-Out" to be held at the Niagara Falls Thunder game on Saturday with a
$5,000 contribution froln Gales Gas Bar to be donated to Project S.H.A.R.E.
Social Planniml Council of Nia~,ara Fails
Correspondence from the Junior Social Planning Council indicated that members could not
be present at this evening's meeting and requested that their presentation be rescheduled to a future
meeting.
UNFINISHED BUSINESS
Regional Holidays Opening By-law
Communication No. 62 - Facts Sheet - Re: Regional Holidays Opening By-law - providing
information respecting the Regional Holidays Opening By-law.
Communication No. 63 - St. Andrews United Church - Re: Store Openings on Good Friday and
Easter SUnday. The communication requests Council table the motion for store openings on Good
Friday and Easter Sunday.
Communication No. 64 - Chippawa Presbyterian Church - Re: Store Openings on Good Friday
and Easter Sunday. The communication expresses opposition to the proposed shopping hours for
Good Friday and Easter Sunday.
Communication No. 65 - Drummond Hill Presbyterian Church - Re: Shopping on Good Friday
and Easter Sunday. The conununication expresses disagreement to the proposal.
Communication No. 66 - Main Street Baptist Church - Re: Shopping on Good Friday. The
communication urges Council to continue honoring Good Friday as a day of respect and meditation.
Following some discussion it was ORDERED on the motion of Alderman Fisher, seconded
by Alderman Puttick, that the City not proceed with the application to the Region requesting store
openings on Good Friday and Easter Sunday. Carried Unanim0uslv.
ORDERED on the motion of Alderman Sherar, seconded by Alderman Fisher, that the
communications be received and fried. Carried Unanimously.
*****
Prior to dealing with further matters on the Agenda, it was ORDERED on the motion of
Alderman Cummings, seconded by Alderman Hendershot, that Mr. Trent Hodgson be permitted to
address Council respecting a matter dealing with Maple Leaf Village. Carried Unanimously.
His Worship Mayor Thomson declared a conflict of interest on the matter and left the Chair.
Alderman Bruce Ward assumed the Chair.
Mr. Hodgson, T. Hodgson & Co. Ltd., advised that his company had been contracted by
the owner of Maple Leaf Village to perform structural repair work to the stair treads on the Maple
Leaf Tower in June, 1993. Mr. Hodgson indicated he had not received any monies to date, for the
work performed and to protect his position he had gone through the construction lien process; but
was advised that any claim he may have against the property may be null and void if Maple Leaf
Village was sold.
...3
The City Solicitor stated that Mr. Trent Hodgson did not have a contract with the City but
had been contracted by the mortgage company or owner to perform the work. He further advised
that Mr. Gary Hodgson, a professional Engineer of structural steel, had been retained by the City
to inspect the structure and that he had been paid by the City for his services.
Mr. Hodgson responded that he was requesting Council to give consideration to his claim for
compensation for the repair work performed, prior to the sale of Maple Leaf Village.
Following some discussion, it was ORDERED on the motion of Alderman Orr, seconded by
Alderman Hendershot, that the request be deferred and that the matter be referred to staff for further
consideration. Carried Unanimously.
His Worship Mayor Thomson resinned the Chair.
CD-94-12 - Chief Administrative Officer - Re: Council Minutes Amendment - A1VI-26/92. The
report recommends that the minutes of the Sixill Meeting of Council, February 14, 1994 be amended
to show the following vote with respect to file motion to deny Zoning Application AM-26/92;
AYE: Aldermen Craitor, Cummings, Fisher, Hendershot, Janvary and Sherat.
NAYE: Aldermen Cowan and Susin.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be
received and adopted. Carried Unanimously.
COMMUNICATIONS & COMMENTS OF CITY CLERK
Communication No. 67 - Niagara District Airport Commission - Re: 1994 Spending Estimates.
The communication provides information regarding the 1994 spending estimates for file Niagara
District Airport Cotmnission.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Shetar, that the
communication be received and filed for the Information of Council. Carried Unanimously.
Communication No. 68 - Canadian Food Service Executives Association - Re: Proclamation.
The communication requests Council proclaim the day of April 19, 1994 as "Food Service Day" in
Niagara Falls.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Susin, that the request be
approved subject to established policy. Carried Unanimously.
Communication No. 69 - Township of West Carleton - Re: Bill 77 (to amend the structure of local
government). The communication requests Council endorse a resolution requesting the Minister of
Municipal Affairs not to proceed with Bill 77.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the
communication be received and filed. Carried Unanimously.
Communication No. 70 - Purchasing Management Association of Canada - Re: Proclamation.
The communication requests Council proclaim the month of March, 1994 as "Purchasing Month".
ORDERED on the motion of Alderman Sherat, seconded by Alderman Susin, that the request.be
approved subject to established policy. Carried Unanimously.
Communication No. 71 - Ontario Restaurant Association - Re: Extended Hours of Service. The
communication requests Council support an application to the Liquor Licensing Board and the
Government of Ontario for extended hours of service for licenced establishments in Niagara Falls.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the request be
approved. Carried Unanimously.
See Resolution No. 13
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Communication No. 72 - Professional Engineers, Ontario - Re: Proclamation. The
communication requests Couucil proclaim the week of March 5 to March 12, 1994 as "National
Engineering Week '94".
ORDERED on the motion of Alderman Ward, seconded by Alderman Cunmfings, that the request
be approved subject to established policy. Carried Unanimously.
REPORTS
PD-94-33 - Chief Administrative Officer - Re: Site Plan Approval; Proposed Factory Outlet
Mall; SW Corner of McLeod Road and Oakwood Drive; Site Plan Control - SPC-94-04. The
report rcconunends the following:
That Council approve the Site Plan for a proposed factory outlet mall pursuant to Section 41
of the Planning Act, comprising of the Site Plan being drawing no. X-94517-G1, the site
grading plan being drawing no. X-94517-G4, the site lighting plan being drawing no..X-
94517-G5 and tile landscape concept plan being X-94517-G6;
That the developer enter into a site Plan Agreement with the City, pursuant to Section 41 of
the Planning Act;
That Council pass the by-law on tonight's agenda that amends By-law 80-114 designating a
fire route for the above subject development proposal;
That this approval be subject to the developer obtaining all required approvals from the
Ministry of Transportation, Ministry of Natural Resources, Ministry of the Environment &
Energy, Niagara Peninsula Conservation Authority; and the Regional Municipality of
Niagara;
That the developer enter into file required off-site servicing and development agreements to
the satisfaction of the City and the Regional Municipality of Niagara with respect to any
road, sewer, sidewalk, streetlighting and signalization works within the municipal road
allowances;
That the developer ~nalize all landscaping details to the satisfaction of the Parks and
Recreation Department within sixty (60) days of the initiation of construction;
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report
be received and adopted. Carried Unanimously.
See By-law No. 94-61
PD-94-34 - Chief Administrative Officer - Re: Site Hart Approval; Existing Light
Industrial/Commercial Plaza; 8240 McLeod Road; Site Plan Control - SPC-94-05. The report
recommends that Council approve the above subject Site Plan for an existing light
industrial/commercial plaza pursuant to Section 41 of the Planning Act, comprising of the Site Plan
being drawing no. 1, the site drainage plan being drawing no. 2.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the report
be received and adopted. Carried Unanimously.
MW-94-39 - Acting Chairperson, Municipal Parking and Traffic 'Committee - Municipal
Parking & Traffic Committee Recommendations February 15, 191}4. The report recommends
the following:
1. MW-94-20 - Murray St. at Drummond Road - Request for Parking Restriction Removal
1) That the parking restriction located on the north side of Murray Street be removed, from a
point 15 moires west of Drummond Road to a point 60 metres west of Drummond Road;
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2)
That, in conjunction with the removal of this restriction, file owners of the Nite Life Deli
redesign their parking lot adjacent to Murray Street to provide angle parking only with
appropriate signs and markings.
2. B-94-05 - 1994-95 Agreement - The Canadian Corps of Commissionaires (Hamilton)
1)
That the services of the Canadian Corps of Commissionaires (Hamilton) be engaged for the
period of April 1, 1994 to March 31, 1995 for by-law enforcen~ent purposes, with no
increase for administration, and/or iucrease to employee wages;
2) That staff investigate the feasibility of ranending the contract to request that only Niagara
Falls residents be hired whenever possible.
3. B-94-06 - Bill 25 - Court Services
That the Municipal Parking Conunittee approve the purchase of the software module to complete
the final op-in phase of Bill 25.
4. Ma~dalen Street Reconstruction
1) That parking meters be installed on the northeast side of Magdalen Street froIn Victoria
Avenue to Ellen Avenue;
2) That parking be restricted on the southeast side of Magdalen Street from Victoria Avenue to
Ellen Avenue.
5. Lundy's Lane Fatality
That Council request The Region to provide a status report on their staff's review of Lundy's
Lane in the area of Belmont Avenue.
The matter of overhead handicap signs was discussed and it was indicated that a report would be
forthcoming from the Manager of Parking and Traffic on the matter.
ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the report be
received and adopted. Carried Unanimously.
See By-law No. 94-62
See By-law No. 94-64
See By-law No. 94-65
F-94-12 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that
the accounts totalling $1,378,899.31 for the period ending February 28, 1994, be approved by the
passing of the by-law appearing later on the agenda.
Additional information was provided on Cheque No. 200667.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimously.
See By-law No. 94-66
RATIFICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cununings, seconded by Alderman Fisher, that the actions
taken on the following matters by the Finance Committee, earlier this evening, be approved.
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Adoption of the Minutes of February 21, 1994 Finance Committee tneeting;
Report MW-94-40 - 1994 Parking Fund Operating Budget - that the 1994 Parking Fund
Operating Budget as endorsed by the Municipal Parking & Traffic Cornmince be endorsed
and forwarded to City Council for final approval;
Report MW-94-42 - Frozen Water Service - Refund of Water Charges - that a portion of
residential water service bills not be refunded in cases where water services have been
frozen.
Carried
ED-94-03 - Chief Administrative Officer - Provincial Tax on Small Custom Breweries. The
report recommends that the Provincial Government be further advised that Council's concern
regarding the elimination or reduction of tax on Brew Your Own Premises products be reviewed for
beer only and not for wines.
Communication No. 73a) - The Brewers of Ontario - providing further information regarding
provincial taxation on U-brew operations.
Communication No. 73b) - Ministry of Treasury and Economics, Minister of Finance - Floyd
Laughren. The communication responds to concerns regarding tax on produce-your-own beer and
wine.
Communication No, 73c) - Daniel & Anna Lee. The communication expresses further concerns
regarding the tax on Brew-Your-Own Beer.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the report be
received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the
correspondence be received and filed. Carried Unanimously.
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RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cununings, that the
actions taken on the following matter by the Committee of the Whole, earlier this evening, be
approved.
1. To approve and authorize an agreement concerning an employment matter.
Carried Unanimously.
See By-law No. 94-67
RESOLUTIONS
NO. 13 - CUMMINGS - FISHER - WHEREAS the Regulations of file Liquor Liceuce Act state
that liquor may be sold and served only between 11:00 a.m. from Monday m Saturday and 1:00 a.m.
on the following day and only between noon on Sunday and 1:00 a.m. on the following day;
AND WHEREAS the Provinces and States surrounding the Province of Ontario permit the sale'of
liquor beyond 1:00 a.m.; AND WHEREAS the owners of establishments, who sell liquor in the
Province of Ontario that border on the said Provinces and States, are at a co~npetitive disadvantage
with respect to the establishments located in the said Provinces and States; AND WHEREAS the
competitive disadvantage results in a loss of business to the Ontario establishments and thereby
creates fewer jobs and business opportunities for the Ontario establishments and the local economy
relying upon the said establishments; NOW THEREFORE BE IT RESOLVED that the Council
for the City of Niagara Falls request that ale Association of Municipalities of Ontario adopt this
resolution and the recommendation contained herein and forward copies m the Minister of Consumer
and Commercial Relations and the Chair of the Liquor Licence Board of Ontario;
AND FLIRTHER that the Regulations of the Liquor Licenee Act be amended by extending the hours
for the sale and service of liquor m 3:00 a.m. in the Province of Ontario with a local option to opt
out of the extended hours, or by extending the hours for the sale and service of liquor to 3:00 a.m.
in those communities bordering along other Provinces or States with a local option for those
communities to opt out of the extended hours.
AND The Seal of the Corporation be herera affixed.
Carried Unanimously
L-94-11 - Chief Administrative Officer - Security Services - City Hall; Canadian Corps of
Commissionaires (Hamilton). The report recommends that the services of the Canadian Corps of
Commissionaires (Hamilton) be engaged for the period of April 1, 1994 to March 31, 1995 for the
provision of City Hall Security Services with no increase for administration, and/or increase to
employee wages.
It was noted that consideration be given to the residents of Niagara Falls area, when
employees are required for the position.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report
be received and adopted. Carried Unanimously.
See By-law No. 94-64
L-94-12 - Chief Administrative Officer - The Establishment of a One Foot Reserve as a Public
Highway in Drummond Park Village Subdivision; File No. 91-113-038. The report recommends
that a byrlaw be passed to establish a one foot reserve in Drummond Park Village Subdivision as a
public highway. .
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report
be received and adopted. Carried Unanimously.
See By-law No. 94-63.
' ...7
NO. 14 - CUMMINGS - JANVARY - BE IT RESOLVED THAT a letter of condolence be
forwarded to the family of Alderman Bruce Cowan, on the recent loss of his father, Thomas, a well-
respected citizen in his community.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimonslv
NO. 15 - SHERAR - HENDERSHOT - BE IT RESOLVED THAT a letter of condolence be
forwarded to the family of Bob Saks Jr., on the recent loss of his father, William, a well-respected
citizen in the community.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 16 - WARD - CRAITOR - BE IT RESOLVED that a get well message be forwarded to
Alderman Margaret Oermano, who has recently been very ill.
AND The Seal of the Corporation be hereto affixed.
Carrie¢l Unanimously
...8
BY-LAWS
ORDERED on the motion of Alderman Curinnings, seconded by Alderman Sherar, that leave be
granted to introduce the following by-laws, and the by-laws be read the first thne:
94-61
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.
94-62
A by-law to ranend By-law No. 89-2000, being a by-law to regulate parking & traffic on
City Roads (Parking).
94-63 A by-law to establish a certain one foot reserve as a public highway.
94-64
A by-law to authorize the execution of an agreement with Canadian Corps of
Commissionaires (Hamilton).
94-65
A by-law to authorize the execution of an agreement with Her Majesty the Queen th right
of Ontario as represented by the Ministry of the Attorney General respecting the final opt-
in Phase Bill 25.
94-66 A by-law to authorize monies for General Purposes (February 28, 1994).
94-67 A by-law to authorize the execution of an agreement concerning an employment matter.
Carried UnanimouMv
ORDERED on the motion of Alderman Cununings, seconded by Alderman Fisher, that the following
by-laws be now read a second and third time:
94-61
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.
94-62
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking & traffic on
City Roads (Parking).
94-63 A by-law to establish a certain one foot reserve as a public highway.
94-64
A by-law to authorize the execution of an agreement with Canadian Corps of
Commissionaires (Hamilton).
94-65
A by-law to authorize the execution of an agreement with Her Majesty the Queen in right
of Ontario as represented by the Ministry of the Attorney General respecting the final opt-
in Phase Bill 25.
94-66 A by-law to authorize monies for General Purposes (February 28, 1994).
94-67 A by-law to authorize the execution of an agreement concerning an employment matter.
Carried Unanimously
NEW BUSINESS
United Way
Alderman Pat Cummings referred to his attendance at the United Way meeting and of the
appointments of Carol Stewart-Kirby as the 1994 Chairperson and David Speck as the new President
on the Board of Directors.-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that a letter of
congratulations be forwarded from the Mayor's Office to Carol Stewart-Kirby and David Speck on
their new positions. Carried Unanimously.
Good Roads Conference
Alderman Norm Puttick referred to a Good Roads Questionnaire and requested that it be
circulated for Council's information and thput.
_Casinos
Alderman Norm Puttick referred to correspondence from Pacific Western expressing support and
interest for a casino in Niagara Falls; and also advised of support from Mayor Morrow of Hamilton
regarding a casino in Niagara Falls.
Past President's Minor Hockey Tournament
Alderman Kim Craitor referred to his attendance at the Past President's Minor Hockey
Tournament and provided the names of the winners in the various categories: Novice - Matt Meger;
Atom: Aaron Campigotto; PeeWee: Matt Coutts; Bantam: Joey Rogers; Midget - Don Desilets.
Alderman Craitor thanked Council on behalf of the Minor Hockey Tournament for providiog
trophies for the tournament.
Economic Development Conference
Alderman Norm Puttick expressed his coocern regarding comments made by Mr. Pierre Burton
on tourism in Niagara Falls at the Economic Development Conference sponsored by the NRDC.
Alderman Puttick requested information regarding the fee paid to Mr. Burton.
His Worship Mayor Thomson advised that the fee paid to Mr. Burton was through sponsorship
and conference dues.
Mayor Thomson stated that it had been an excellent and well-received conference.
Get Well Wishes
His Worship Mayor Thomson advised that Alderman Margaret Germano has been very ill and
suggested that a fruitbasket along with get well wishes, be sent to her from members of Council.
ORDERED on the motion of Alderman Sherat, seconded by Alderman Craitor, that a fruitbasket and
get well wishes be sent to Alderman Margaret Germano on her recent illness. Carried Unanimously.
ORDERED on the motion of Alderman Sherat, seconded by Alderman Orr, that the meeting be
adjourned. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
SPECIAL MEETING
COMMrFrEE OF THE WHOLE
Committee Room/f2
March 4, 1994
Cotmcil met on Friday, March 4, 1994 at 4:00 p.m. in a Special Conunittee of the Whole
meeting for the purpose of considering a Property Matter dealing with Maple Leaf Village. All
members of Council with the exception of His Worship Mayor Thornson, mid Alderman Ward, were
present. Aldennun Cumn~ngs presided as Chairman.
Following consideration of the itents presented, the Committee of the Whole arose to report
in open session.
READ AND ADOPTED,
Council Chan~bers
March 4, 1994
Council reconvened in Council Chambers on Friday, March 4, 1994 at 5:00 p.m. for the
purpose of ratifying a Property Matter dealing with Maple Leaf Village. All members of Council
with the exception of His Worship Mayor Thomson, and Alderman Ward, were present.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that Aldermun
Pat Cummings be appointed Acting Mayor, due to a conflict of interest declared by His Worship
Mayor Thomson. Carried Unanimonslv.
The City Solicitor provided information with respect to the proposed tax sale of Maple Leaf
Vffiage and the ongoing litigation issue of Hillside Place.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Germano, that Mr. Ken
Douglas be permitted to address Council. The motion Carried with Alderman Orr voting contrary
"to the motion and with all others voting in favour.
Mr. Ken Douglas, Solicitor, who was in attendance on behalf of Mr. Ashak Merani,
proposed that a certified cheque for the fall mount of the cancellation price less the $250,000
payment previously provided, could be provided to the City on Monday, March 7, 1994.
The City Solicitor recommended that Council accept Mr. Merani's proposal to provide a
certified cheque for the fall amount of the cenceHation price.
Following some discussion, it was ORDERED on the motion of Alderman Craitor, seconded
by Alderman Orr, that Council accept Mr. Merani's proposal to come back to Council on Monday,
March 7, 1994 with a certified cheque for the fall sum of the cancellation price of Maple Leaf
Village and that Council make their decision at that time. The motion Carried with Alderman Snsin
voting contrary to the motion and with all others voting in favour.
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ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
NINTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
March 7, 1994
Council met on Monday, March 7, 1994 at 7:00 p.m. in Committee of the Whole. All
members of Council, with the exception of His Worship Mayor Thomson, who was away on
vacation, were present. Alderman Fermino Susin presided as Chairman.
Following consideration of the items presented, the Committee of the Whole arose to report
in open session.
READ AND ADOPTED,
ACTING MAYOR BRUCE COWAN
REGULAR COUNCIL MEETING
Council Chambers
March 7, 1994
Council met on Monday, March 7, 1994 at 7:30 p.m. for the purpose of considering Regular
Council Business. The City Clerk called the meeting to order and requested a resolution appointing
Alderman Bruce Cowan as Acting Mayor, during the absence of His Worship Mayor Thomson.
RESOLUTION NO. 17 - 0RR - SUSIN - RESOLVED that Alderman Bruce Cowan be appointed
Acting Mayor for the period of March 7, 1994 to March 13, 1994 inclusive; during the absence of
his Worship Mayor Wayne Thomson.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimousiy.
All members of Council, with the exception of His Worship Mayor Thomson, who was away
'on vacation, were present. Acting Mayor Bruce Cowan presided as Chairman. Alderman Orr
offered the Opening Prayer,
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the matter
regarding the presentation to Mr. George Spittael be brought forward. Carried Unanimously.
Acting Mayor Bruce Cowan advised that Mr, George Spittael was awarded the Meritorious
Service Medal by his Excellency the Right Honourable Ramon John Hnatyshyn which recognizes "A
deed or activity that has been performed in a highly professional manner or is of a very high
standard that brings benefit or honour to Canada".
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-3 -
Acting Mayor Brace Cowan stated that Mr. Spinael had devoted special attention to Niagara
Falls because the Lincoln & Welland Regiment liberated his hometown of Eeklo, Belgium, that he
had spent his life working for the families of Canada's War dead, by locating the foreign graves of
Canadian soldiers; and that among the graves he had located was that of William Little, the son of
Mac Little, Niagara's only surviving Silver Cross Mother. He hand-delivered information on her
son's grave, complete with a vial of soil from the gravesite.
Colonel Nehring, Royal Canadian Legion Branch 51, provided a brief history of Mr.
Spittael's achievements and introduced him to the members of Council.
Acting Mayor Bruce Cowan presented a token of appreciation, on behalf of the City and the
citizens of Niagara Falls to Mr. George Spittael for his untiring efforts on behalf of our war dead.
Maple Leaf Village
Prior to dealing with further matters on the Agenda, it was ORDERED on the motion of Alderman
Craitor, seconded by Alderman Cummings, that the actions token on the following matter by the
Committee of the Whole, earlier this evening, be approved.
- That the Corporation of the City of Niagara Falls accept the sum of $2,480,678.38 the cancellation
price of Maple Leaf Village and that the City Treasurer register the Cancellation Certificate.
Carried Unanimously.
Mark Matthews, representing the Maple Leaf Village Tenants Association, discussed the
circumstances which had occurred prior to the impending sale of Maple Leaf Village; indicated that
the tenants had wished to have the sale of Maple Leaf Village proceed. He indicated that the tenants
did not wish Maple Leaf Village to close, but could not continue to operate or make plans for the
upcoming tourist season without some assurances or future considerations and requested Council
consider .acceptance of Mr. Ashak Merani's cheque.
The City Solicitor reviewveal the evems leading to the present situation of Maple Leaf Village;
remarked that a certified cheque had been tendered by Mr. Asak Merani for the balance of taxes
owing and advised that if Council accepted the cheque, the City Treasurer would be required to
execute a cancellation certificate at the Registry Office and the sale of Maple Leaf Village would
come to an end.
Ken Douglas, Solicitor, who was in attendance on behalf of Mr. Merani, referred to the
issues pertaining to Hillside Place; suggested that tenants meet with Mr. Merani to discuss any
concerns regarding future considerations with respect to Maple Leaf Village.
There being no further discussion, it was ORDERED on the motion of Alderman err,
seconded by Alderman Sherar, that the Corporation of the City of Niagara Falls accept a Certified
Cheque from Mr. Ashak Merani in the amount of $2,480,678.38 for the balance of taxes owing.
Carried Unanimously.
ADOPTION OF MINUTES
Alderman Paisley Janvary requested that the Minutes of the Special.Meeting of February 25,
1994 reflect that her absence was due to communication problems.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the Minutes
of the Special Meeting of February 25, 1994 be adopted as amended and the Minutes of the Regular
Meeting of February 28, 1994 be adopted as printed. Carried Unanimously.
DISCLOSURES OF pECUNIARY INTEREST
Aldermen Hendershot and Janvary indicated pecuniary interests on Report F-94-13, Cheque
No. M90062, because the recipient is their employer.
Acting Mayor Bruce Cowan indicated a pecuniary interest on Report F-94-12, Cheque No.
200633, from the Council meeting of February 28, 1993, because the recipient was his employer.
DEPUTATIONS
Social Planning Council of Niagara Falls
Ginger Miller, Vice President, Junior Social Planning Council introduced John Cowan,
Chairperson, Junior Social Planning Council, who reported that the Annual Survey of Youth had
been provided to various high schools in the area in order to obtain feedback on what issues youth
felt needed to be addressed. Mr. Cowan advised that 57% of youths surveyed chose racism as the
issue needing to be addressed. He also advised the Junior Social Planning Council would be
launching a contest through elementary schools on March 21, 1994 to coincide with the Niagara
Regional Race Relations Council's observance of "Day to Eliminate Racism and Racial
Discrimination".
Mr. Cowan thanked members for the opportunity to address the issue and requested Council
support their efforts.
Tender Wishes Foundation, Inc.
Joan O'Banion, Tender Wishes Foundation Inc., Niagara Falls, stated that the purpose
of the Foundation which comprised mainly of volunteers, was to grant wishes to children with life-
threatening illnesses; and thanked City staff for their donations to the Foundation on Friday dre~s-
down days.
1994 Municipal Elections
The City Clerk provided a brief overview, through the use of slides, of the process for the
1994 Municipal Elections which were being held on November 14, 1994; introduced Mr. Kent
Murray, Municipal advisor with the Ministry of Municipal Affairs, who was in attendance to respond
to questions regarding the municipal elections; and reviewed the following issues: Who May Run for
Office; the Registration Process; the Nomination Process; Contributions and Use of Surplus Funds;
COMMUNICATIONS & COMMENTS OF CITY CLERK
Communication No. 74 - Niagara Regional Race Relations Council - Re: Proclamation. The
communication requests Counc~ proclaim March 21, 1994 as a "Day to Eliminate Racism and Racial
Discrimination".
ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that the request~be
approved subject to established policy, Carried Unanimously.
Communication No. 75 - Regional Niagara, Office of the Clerk - Re: Region-wide Assessment
by Property Class. The communication indicates that the matter of Region-wide Assessment by
Property Class will be deferred for 60 ~lays for the purpose of receiving further information from
staff.
...4
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The Director of Finance advised that Municipalities would be provided with information
regarding the issue rather than a complete study.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the
communication be received and filed for the information of Council. Carried Unanimously.
Communication No. 76 - The City of Waterloo - Re: Resolution. The communication asks
Council consider a resolution requesting that the Provincial Government implement legislation
allowing Ontario municipalities to form a Foundation as a Crown Agency which would issue receipts
for donations to be claimed by taxpayers as a non-refundable tax credit without a maximum annual
contribution level.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the matter
be referred to staff. Carried Unanimously.
Communication No. 77 - Correspondence from the Deputy City Clerk, The Corporation of the
City of Niagara Falls - Re: Taxation on U-Brew Outlets. The communication responds to
correspondence received from Brewers of Ontario regarding taxation on U-Brew Outlets and the
Home Brewing Industry.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
communication be received and filed for the information of Council. Carried Unanimously.
Communication No. 78 - The Greater Niagara General Hospital - Re: Proclamation. ~he
communication requests Council proclaim March 20 - 26, 1994 as "Children and Hospitals Week".
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the request
be approved subject to established policy. Carried Unanimously.
REPORTS
MW-94-44 - Chief Administrative Officer - Contract 93-100, Road Reconstruction on Ellen
Avenue & Magdalen Street. The report recommends that the unit prices submitted by the low
tendeter, DeRose Bros. General Contracting Ltd. be accepted and the by-law passed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the report
be received and adopted. Carried Unanimously.
See By-law No. 94-68
RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that the actions
take on the following matters by the Municipal Works Committee, earlier this evenbig, be approve. d.
1. Adoption of the Minutes of the February 21, 1994 Municipal Works Committee meeting as
amended;
MW-94-33 - Service Deposits - that Service Deposits be increased to: (a) Five hundred dollars
($500.00) in connection with each Application for a Permit which involves construction,
demolition installation or moving of a building; (b) One thousand dollars ($1,000) in lieu of a
deposit in Item (a) noted above, to be left on deposit with the City for an unlimited number of
permits; (c) Notwithstanding Item (b) noted above, any person who'already has three hundred
dollars ($300) on deposit with the City, which is in good standing, shall not be required to remit
any additional amount; and (d) that a Letter of Credit be an acceptable form of. deposit; and that
By-law No. 76-59 be amended accordingly.
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MVV-94-43 - Canada/Ontario Infrastructure Works - Proposed Niagara Falls Program - that
1) the proposed Canada/Ontario Works Program for the City of Niagara Falls (over two years)
be endorsed; 2) the City support the Resolution appearing later on tonight's Council Agenda
requesting that 11 Sales Tax (G.S.T. and P.S.T.) be exempt from the Federal hffrastructure
Program; and 3) that the Federal and Provincial Governments be notified that the City of
Niagara Falls is interested in securing supplementary funds under the Canada/Ontario
Infrastructure Works Program for other ~najor projects, be approved -
Alderman Fermino Susin declared conflicts of interest with respect to Page 3, Section (f)
Niagara Parks Commission proposed works, as he held a mortgage on property in the area; as well
as to the "Handout", Page 1, Section (II) Accelerated Infrastructure Projects Sewer
Separation/Infrastructure Rehabilitation (i) Stanley/Inglis/Alexander, as a family member lives in the
area involved.
M'W-94-49 - Municipal Works Department Building Division Renovations to the Legal
Department and Buildings & Inspections Area - that Report MW-94-49 be receivcd and filed
for information.
Waste Management Jurisdiction - Transition Study - that the Regional Public Works
Committee be advised at their meeting to be held on Tuesday, March 8, 1994, that the City of
Niagara Falls reaffirms its support for proceeding with the Transition Study despite the
provincial Government's unwillingness to participate financially - Alderman Susin opposed.
MW-94-48 - Waste Management Administrator - Extension of Contract - that the Contract
for the Waste Management Administrator be extended for a one-year period (April, 1995)
subject to termination if the jurisdiction for waste diversion is transferred elsewhere.
The motion Carried with Alderman Fermino Susin declaring conflicts of interest on Report MW-94-
43 - Canada/Ontario Infrastructure Works with respect to Page 3, Section (f) Niagara Parks
CommisSion proposed works, as he held a mortgage on property in the area; as well as to the
"Handout", Page 1, Section (It) Accelerated Infrastructure Projects - Sewer Separation/Infrastructure
Rehabilitation (i) Stanley/Inglis/Alexander, as a family member lives in the area involved; and
Alderman Susin opposed to the Waste Management Jurisdiction, Transition Study.
See Resolution No. 18
See Resolution No. 20
See By-law No. 94-74
HR-94-04 - Chief Administrative Officer - The Smoking in the Workplace Act; City of Niagara
Falls; Smoking Regulations. The report recommends that Council approve the suggested actions
outlined in the report.
ORDERED on the motion of Alderman Susin, seconded by Alderman Germano, that the report be
received and adopted. Carried Unanimously.
R-94-09 - Chief Administrative Officer - Niagara Falls Memorial Arena; Advertising
Agreements; Pepsi-Cola and Hostess Frito-Lay. The report recommends that Council approve the
By-law appearing on this evening's agenda authorizing the execution of advertising agreements with
pepsi-Cola Canada Beverages and Hostess Frito-Lay Company Limited at the Niagara Falls Memorial
Arena.
ORDERED on the motion of Alderman Cmnmings, seconded by Alderman Craitor, that the report
be received and adopted. The motion Carried with Aldermen Off, Sherat and Susfu voting contrary
to the motion mid with all others voting in fayour.
See By-law No'. 94-72
See By-law No. 94-73
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R-94-12 - Chairperson, Environmental Planning & Greening Committee - Environmental
Planning & Greening Committee Meeting of February 16, 1994. The report reconunends that
Council receive and file this report.
ORDERED on the motion of Alderman Cunmrings, seconded by Alderman Janvary, that the report
be received and filed. Carried Unanimously.
R-94-13 - Alderman Shirley Fisher, The Village of Chippawa Citizens Committee - Adopt-A-
Tree Program; Riverview Park. The report recommends the following:
1. That Council endorse the Adopt-A-Tree Program at Riverview Park;
2. That Parks and Recreation staff be directed to participate in the implementation of the program,
in co-operation with the Village of Chippawa Citizens Committee.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the report
be received and adopted. Carried Unanimously.
R-94-14 - Chief Administrative Officer - Strategic Plan for the Provision of Parks, RecreatiOn,
Arts and Culture. The report recommends that this report be received and filed for information.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Germano, that the report
be received and filed. Carried Unanimously.
F-94-13 - Chief Administrative Officer - Municipal Accounts. The report recommends that the
accounts totalling $1,168,531.80 for the period ending March 7, 1994, be approved by the passing
of the by-law appearing later on the agenda.
Additional information was provided on Cheque Nos. 389 and 829.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
report be received and adopted. The motion Carried with Alderman Susin voting contrary to Cheque
No. 9062 and with all others voting in favour.
L-94-13 - Chief Administrative Officer - Niagara Falls Bridge Commission Agreement with The
City of Niagara Falls Sale by the City of Three Trailers to the Bridge Commission; File No. 94-
B3-031. The report recommends that the City Council approve the By-law authorizing the
Agreement between the Niagara Falls Bridge Commission and The Corporation of the City.of
Niagara Fails for the sale by the City of three trailers to the Bridge Commission.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Sherar, that the report be
received and adopted. Carried Unanimously.
See By-law No. 94-69
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherar, that the actions
taken on the following matters by Committee of the Whole, earlier this evening, be approved.
1. That the City of Niagara Falls endorses the Niagara Falls Public .Library's request to seek
funding in the mount of $65,000 from the Ministry of Culture, Tourism and Recreation.
The motion Carried with Alderman Orr voting contrary to the motion and with all others voting in
fayour.
RESOLUTIONS
NO. 18 - WARD - CRAITOR - RESOLVED that the Council of the Corporation of the City of
Niagara Falls resolves that all sales taxes, particularly that the Goods and Services Tax and file
Provincial Sales Tax be exempt from the Federal Infrastructure Progran~;
AND the Seal of the Corporation be hereto affixed.
Carried Unanin~ously
NO. 19 - PUTTICK - HENDERSHOT - WHEREAS the City of Toronto has awarded a coiltract
to complete an underground addition to the Toronto Metro Convention Centre; AND WHEREAS
a portion of the historical Roundhouse, located at the foot of John Street iu Toronto, will be removed
to accommodate this addition to the Centre; NOW THEREFORE BE IT RESOLVED THAT the
City of Niagara Falls strongly objects to any removal of any part of the Roundhouse due to its
historical nature and importance to our heritage;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
Alderman Norm Puttick requested that a copy of the resolution be forwarded to Mr. Pierre
Berton.
NO. 20 - HENDERSHOT - GERMANO - WHEREAS the Region and Area Municipalities have,
with the encouragement of the Province, supported the undertaking of a Waste Management
Feasibility Study; AND WHEREAS it is believed that firere is potential for considerable
environmental and financial benefit at all levels including Provincial; AND WHEREAS the Province
supports the undertaking to the extent that they are prepared to participate on a technical level; AND
WHEREAS the Region and Area Municipalities were of the understanding that the Province was
prepared to participate financially; BE IT RESOLVED that the City of Niagara Falls inform the
Province that they are concerned with the Province's position and strongly object to the lack of
financial support for a course of action which was obviously undertaken at the urgiug of Provincial
Ministries.
AND the Seal of the Corporation be hereto affixed.
The motion Carried with Alderman Susin voting contrary to the motion and with all others voting
in favour.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that leave .be
granted to introduce the following by-laws, and the by-laws be read the first time:
94-68
A by-law to authorize the execution of an agreement with DeRose Bros. General
Contracting Ltd. respecting road reconstruction.
94'69
A by-law to authorize the execution of an Agreement between rile Niagara Falls Bridge
Commission and The Corporation of the City of Niagara Falls for the sale by the City of
three trailers to the Bridge Commission.
94-70 A by-law to authorize monies for General Purposes (March 7, 1994).
94-71
A by-law to authorize the execution of an agreement respecting Supplementary
Downsizing Benefits under the Ontario Municipal Employees Retirement System.
During discussions on by-law 94-71, the Manager of Humall Resources responded to questions
with respect to the Ontario Municipal Employees Retirement System (OMERS) program and the
provision of payment of penalties toward early retirement pensions flucough the program.
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It was moved by Alderman Susin, seconded by Alderman Orr, that the matter be tabled for further
information. The motion was Defeated with the following vote:
AYE: Aldermen Germano, Orr, Puttick and Susin.
NAYE: Aldermen Craitor, Cummings, Fisher, Hendershot, Janvary, Sherat and Ward.
94-72
A by-law to authorize the execution of an advertising agreement with Hostess Frito-Lay
Company Limited at the Niagara Falls Memorial Arena.
94-73
A by-law to authorize the execution of an advertising agreement with Pepsi-Cola Canada
Beverages at the Niagara Falls Memorial Arena.
94-74 A by-law respecting the payment of deposits upon applications for permits.
The motion Carried with Aldermen Hendershot and Janvary abstaining from file vote on By-law No,
94-70 on conflicts of interest previously noted; Aldermen Germano, Orr, Puttick and Susin voting
contrary to the motion on By-law No. 94-71; Aldermen Orr, and Susin voting conUary to By4aw
Nos. 94-72 and 94-73 and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the following
by-laws be now read a second and third time:
94-68
A by-law to authorize the execution of an agreement with DeRose Bros. General
Contracting Ltd. respecting road reconstruction.
94-69
A by-law to authorize the execution of an Agreement between the Niagara Falls Bridge
Commission and The Corporation of the City of Niagara Falls for the sale by the City of
three trailers to the Bridge Commission.
94-70 A by-law to authorize monies for General Purposes (March 7, 1994).
94-71
A by-law to authorize the execution of an agreement respecting Supplementary
Downsizing Benefits under the Ontario Municipal Employees Retirement System.
94-72
A by-law to authorize the execution of an advertising agreement with Hostess Frito-Lay
Company Limited at the Niagara Falls Memorial Arena.
94-73
A by-law to authorize the execution of an advertising agreement with Pepsi-Cola Canada
Beverages at the Niagara Falls Memorial Arena.
94-74 A by-law respecting the payment of deposits upon applications for permits.
The motion Carried with Aldermen Hendershot and Janvary abstaining from the vote on By-law No.
94-70 on conflicts of interest previously noted; Aldermen Germano, Orr, Puttick and Susin voting
contrary to the motion on By-law No. 94-71; Aldermen Orr, and Sitsin voting contrary to By-law
Nos. 94-72 and 94-73 and with all others voting in fayour.
1995 Winter Games
NEW BUSINESS
Alderman Gary Hendershot advised that Mr. Jim Diodati, Jr. had been selected to the position
of Manager of the 1995 Winter Games.
Canada Day Contributions
Alderman Gary Hendershot advised that a cheque in the amount of $100.00 had been donated
by the Orange Lodge for the Canada Day Celebrations.
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Recreation Lottery
Alderman Pat Cummings inquired whether any further information was available regarding a
Recreation Lottery which had been started in other municipalities and was advised by TIle Director
of Community Services that this was a pendiug item and information would be forthcoming.
School Board Facilities
Alderman Pat Cmmnings referred to au issue of School Boards imposiug fees for the use of
school facilities and recmmnended that School Boards pay for the use of City-owned facilities and
he requested the matter be reviewed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the matter
be referred to the Recreation Commission for review and a report. The motion Carried with
Alderman Hendershot, Janvary abstaining from the vote on conflicts of interest because the SchOol
Board is their employer and Alderman Germano abstaining tYom the vote oa a conflict of interest
because a member of her family is employed by the School Board and with all others voting in
fayour..
Letters of Condolence
ORDERED on the motion of Alderman Germano, seconded by Alderman Hendershot, that a message
of condolence be forwarded to the family of the late William (Gabby) Gabrielli. Carried
Unanimously.
ORDERED on the motion of Alderman Germano, seconded by Alderulan Hendershot, that a tnessage
of condolence be forwarded to the family of the late Mervyn Leon Perkins. Carried Unanimously.
Thank you
Alderman Margaret Germano thanked members of Council for the fruitbasket sent to her during
her recent illness.
Thunder Game "Shoot-Out"
Alderman Pat Cummings referred to the "Shoot Out" at the Niagara Falls Thunder game on
Saturday, March 5, 1994 and informed that Alderman Gary Hendershot had failed to make the'
necessary "shot" for the prize of $5,000 towards Project Share.
Waste Management Transition Study
Acting Mayor Bruce Cowan referred to Region and Area Municipalities having supported the
undertaking of a Waste Management Feasibility Study and of the Provincial government's
position not to participate in the study financially.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Germano, that City of
Niagara Falls reaffirms its support for proceeding with the Transition Study despite the Provincial
Government's unwillingness to participate financially. The motion Carried with Alderman Susin
voting contrary to the motion and with all others voting in favour.
See Resolution No. 20
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Economic Develonment
Acting Mayor Bruce Cowan advised members that Frances Lankin, Minister of Economic
Development and Trade, would be in Niagara Falls on Thursday, March 10, 1994 at 2 o'clock at
the Niagara Visitor and Convention Bureau to make an announcement concerning community
economic development in Niagara Falls.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hendershot, that fire meeting
be adjourned. Carried Unanimously.
TENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
March 21, 1994
Council met on Monday, March 21, 1994 at 6:15 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 session.
READ AND ADOPTED,
ACTING MAYOR BRUCE COWAN
READ AND ADOPTED,
PLANNING MEETING
Council Chambers
March 21, 1994
Council met on Monday, March 21, 1994 at 7:30 p.m. for the purpose of considering Planning
Matters and Regular Business. All members of Council were present. His Worship Mayor Thomson
presided as Chairman and offered the Opening Prayer.
AMerman Puttick introduced Mrs. Terri Dolenga, Niagara Falls, who advised that the citizens
of the village of Hynovychy, in the Ukraine would be permitted to own an acre of land provided the land
was cultivated and she requested assistance from the City of Niagara Falls in providing much needed
seeds, medical and school supplies and other sundry items to the village.
Mrs. Dolenga thanked members for the opportunity to address Council and for their assistance.
His Worship Mayor Thomson suggested that the City's Recreational Club may be able to assist
and thanked Mrs. Dolenga for her efforts.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Craitor indicated a pecuniary interest on Report CS-94-02, because his employer is
involved.
Alderman Germano indicated a pecuniary interest on Report F-94-14, Cheque No. 201149,
because a member of her family is employed by the Welland County Separate Scbool Board.
Alderman Susin indicated a pecuniary interest on Report No. PD-94-41, because he has
performed work at the subdivision; and indicated a pecuniary interest on Report F-94-14, Cheque No.
201085 and 201093, because metnbers of his family are volunteer firefighters.
Aldermen Hendershot and Janvary indicated pecuniary interests on Report F-94-14, Cheque No.
201165 because the recipient is their employer.
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Prior to dealing with Planning Matters, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Craitor, that Report CD-94-13, Smoke Free Areas By. law, be brought forward.
Carried Unanimously.
CD-94-13, Chairman, Smoke Free Areas Committee - Re: Smoke Free Areas By-law. The report
recommends that Council pass the By-law appearing later on this evening's agenda to prohibit smoking
in all City owned Recreational Buildings.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that the report be
received and adopted. Carried Unanimously.
See By-law No. 94-78
PLANNING MATTERS
PD-94-41 - Chief Administrative Officer - Re: Zoning by-law Amendment Application AM-03/94,
Belieview Estates 1 and 2 Subdivisions 59M-204 and 59M-210; East Side of Kalar Road between
Woodbine Ave. and Niven Street. The report recommends that Council approve the application to
amend the City's Zoning By-law to change the zoning classification of the subject lands from Residential
Single-Family and Two-Family (R2) zone to Residential Single Family (R1E) zone.
Communication No. 79 - Regional Niagara, Harming & Development Department. The
communication advises as having no objection to the approval of the application.
Communication No. 80 - Regional Municipality of Niagara - Public Works Department. The
communication advises as having no objections to the rezoning application.
Communication No. 81 - Niagara Peninsula Conservation Authority. The communication advises as
having no objection to the application.
His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be
followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in accordance to
Regulations on February 18, 1994.
His Worship Mayor Thomson received indication that the representative of the developer was in
attendance; and received a positive response to his request for a show of hands by persons present who
were interested in the application. He requested that all persons wishing to receive further notice of the
passage of the by-law submit their names and addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development referred to the subject property with the assistafice
of posted sketches and reviewed the following information included in Technical Report No. PD~94-36;
Proposal; General Information; Planning Analysis; Development History; Nature of the Zone Change and
the Public Notification Process. '
His Worship Mayor Thomson received a negative response to his request for comments from
persons, other than the applicant or his agent, in support of the application, and received a negative
response from persons opposed to the application. '
Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public
Meeting with regard to Application AM-03/94 closed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the
correspoMence be received and filed. Carried Unanimously.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be
received and adopted. The motion Carried with Alderman Susin abstaining from the vote on a conflict
of interest previously noted and with all others voting in fayour.
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PD-94-42 - Chief Administrative Officer - Re: Zoning By-la~v Amendment Application, AM-07/94;
Q. & M. D'Amico; 6114 Cnip Street. The report rcconunends that the application be approved to
amend the R5A zoning of the existing apartment building and to rezone the lot on Culp Street fronl R5A
to R1E, subject to the following:
(1)
the applicant paying Development Charges for the detached dwelling lot at the time of building
permit issuance;
(2)
the applicant providing a revised site plan and entering into a site plan agreement with the City
for the reconfigured apartment site;
(3)
Council approving the revised site plan and agreement prior to passing the zoning by-law
amendments.
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Conununication No. 82 - Regional Niagara, Planning & Development Department. The communication
advises as having no objection to the approval of the application.
Conununication No. 83 - Regional Municipality of Niagara - Public Works Department. The
communication advises as having no objections to the proposed amendments.
~ Conununication No. 84 - Niagara Peninsula Conservation Authority. The conununication advises as
· having no objection to the application.
His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be
followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in accordance to
Regulations on February 18, 1994.
His Worship Mayor Thomson received indication that Mr. Dante MarineIll was in attendance on
behalf of the applicant; and received a positive response to his request for a show of hands by persons
present who were interested in the application. He requested that all persons wishing to receive further
notice of the passage of the by-law submit their names and addresses to the Clerk prior to leaving the
meeting.
The Director of Planning and Development referred to the subject property with the assistance of
posted sketches and reviewed the following information included in Technical Report No. PD-94-35;
Proposal; Nature of the Amendments; Planning Analysis; Background; Requested Zoning Amendments;
Physical Analysis; Compatibility; Site Plan Control and the Public Notification Process.
His Worship Mayor Thomson received a positive response to his request for comments from
persons, other than the applicant or his agent, in support of the application, and received a negative .
response from persons opposed to the application.
William Shivers, 6163 Pinegrove Avenue, stated that he was not in opposition to the infilling; he
inquired whether there would be further meetings or plans submitted on the type of building to be
developed.
Dante Marineill, Solicitor, advised that Mr. Shivers could be allowed to have input into the plan.
Mr. MarineIll requested that the paying of development charges for the dwelling lot not be imposed as
part of a condition of granting the application. He indicated this matter would an issue to be discussed
at a future date on whether development charges are applicable; and to review the matter with staff at the
time of the permit stage; and advised that the other two conditions of the Recommendation Report were
acceptable.
The Director of Planning and Development advised that information availabe indicated that
developement charges had not been paid.
Since no further comments were forthcolning, His Worship Mayor Thomson declared the Public
Meeting with regard to Appli~tion AM-07/94 closed.
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ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the correspondence
be received and filed. Carried Unanimously.
ORDERED on the motion of Alderman Germano, seconded by Alderman Janvary, that the report be
received and adopted. Carried Unanimously.
PD-94-43 - Chief Administrative Officer - Re: Proposed Plan of Subdivision 26T-93011; Zoning By-
law Amendment Application AM-04/94; Wi!iiam's Subdivision; Weinbrenner Road & Willoughby
Drive; River Realty Development (1976) Inc. The report recommends the following:
1) That the Willianl's Plan of Subdivision be approved subject to the conditions attached in Appendix
I;
2. That Council support the R1E zoning, but not the modified front and rear yard setback
requirements;
3. That the amending by-law appearing in tonight 's agenda be enacted by Council;
4. That a copy of this report be forwarded to the Regional Niagara Planning and Development
Department as the City's comments on the plan of subdivision.
Communication No. 85 - Inter-Department Memorandum from the Manager of Development. The
communication provides comments regarding the width of the "Roadways"; and a revision to the
"Conditions ".
Communication No, 86 - Regional Municipality of Niagara, Public Works Department. The
communication indicates as having no objections to the rezoning application.
Communication No. 87 - Niagara Peninsula Conservation Authority. The communication advises as
having no objection to the application.
His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be
followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in accordance' to
Regulations on February 18, 1994.
His 'Worship Mayor Thomson received indication that Mr. Stewart Braascombe was in attendance;
and received a positive response to his request for a show of hands by persons present who were
interested in the application. He requested that all persons wishing to receive further notice of the
passage of the byqaw submit their names and addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development referred to the subject property with the assistance of
posted sketches and reviewed the following information included in Technical Report No. PD-94-38;
Proposal; Land Use; Lot Sizes; Servicing. Parkland. Natare of the Zone Changes and the Public
Notification Process. ' ' '
His Worship Mayor Thomson received a negative response to his request for comments from
persons, other than the applicant or his agent, in support of the application, and received a negative
response from persons opposed to the application.
Ray Anderson, 8849 Roosevelt Avenue expressed concerns. regarding weeds in the area and
flooding problems; and expressed concerns with regard to the height of 2 story houses in the proposed
development. Mr. Anderson stated he was not opposed to the development if local builders and
contractors were hired for the proj~t.
Cheryl Anderson, 8849 Roosevelt Avenue expressed concerns regarding the proposed lot size of
40 feet; and the loss of wildlife in the area.
Nancy Angle, 4143 Campbell Avenue, indicated she had no objections to the proposed subdivision;
expressed concerns regarding speeding vehicles and whether stop signs would be installed in the area.
Mrs. Angle requested information with respect to the term "collector road".
The Director of Municipal Works responded that a "collector road" was one which would be wider
than a local road in order to carry heavier loads of traffic.
An interested resident expressed concerns with respect to the number of elderly residents living in
the area and the lack of bus service; he inquired whether a bus service would be feasible with the new
subdivision being developed.
The City Clerk was requested to forward a letter to the Niagara Transit regarding the provision of
bus services to the area.
Mr. Stewart Branscombe responded to concerns expressed and advised that local builders and local
contractors would be used for the project; stated that according to Provincial regulations, all residential
development had to have a proper housing inix; indicated that stop signs should be installed and reviewed
bus service routes that could be utilized.
The Chairman of the Parking and Traffic Committee suggested if any problems arose with respect
to stop signs, that the matter be brought to tile attention of the Parking and Traffic Cmnmittee.
Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public
Meeting with regard to Application AM-04/94 closed.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the
correspondence be received and filed. Carried Unanimously.
ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the report be received
and adopted. Carried Unanimously.
PD-94--44 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-2/94,
East side of St. Paul Avenue; North of Mountain Road; Mario Iafrate. The report recommends the
following:
1) That Council approve the application to amend the City's Zoning By-law to permit the establishment
of a golf course on the L. St. Amand Sandpits;
2) That the proposed restaurant and service building be pemlitted as uses ancillary to the golf course;
3) That the seating capacity of the restaurant be limited to 150 seats;
4)
That this development proposal be serviced by a septic system on an interim basis only and the
sanitary drainage system be connected to the sanitary sewer system immediately upon this sanitary
sewer system being installed and that this matter be appropriately addressed in servicing and site
plan agreements prior to Council approving the amending by-law;
5)
6)
That the concerns of the Ministry of Natural Resources be addressed to its satisfactign by the owner
prior to the Council passing the amending by-law;
That the owner enter into a Site Plan Agreement to ensure the site is developed in a sensitive
manner.
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Communication No. 88 - Ministry of Natural Resources. The communication requests that the
application be deferred until such time that the following requirements are met: 1) The golf course and
driving range areas are deleted from the Aggregate Resources licenee; 2) As the establishment of the golf
course will landlock the sand pit, the site plan amendment must be granted by the Ministry of Natural
Resoureas approving another entrance/exit for the licensed property;
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3) A site plan agreement is to be entered between the City of Niagara Falls and the applicant
acknowledging the impacts the adjacent licensed properties may have on the golf course/driving range;
all banks of the water system mast be stabilized to prevent any deleterious substances from entering the
water.
Communication No. 89 - Regional Municipality of Niagara, PubBc Works Department. The
communication advises as having no objections to amending the existing zoning.
Communication No. 90 - Regional Niagara, Planning & Development Department. The
communication advises that the proposed golf course and restaurant are acceptable.
Communication No. 91 - Niagara Peninsula Conservation Authority. The communication indicates
that the Conservation Authority has no objections to this proposal; and advises that a permit pursuant to
the Fill, Construction and Alteration to Waterways Regulation is not required, but expresses concerns
regarding the proposed restaurant coastmction and minimizing soil erosion and requests that a minimum
7.5 stmctural setback for the proposed restaurant be maintained from the top of the slopes.
Communication No. 92 - CN North America, Engineering & Environmental Services. The
communication requests that concerns regarding building set backs; installation and maintenance of a
chain link fence; proposed alterations to the existing drainage pattern; and surface ranoff from the site
be addressed.
His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be
followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in accordance to
Regulations on February 18, 1994.
His Worship Mayor Thomson received indication that Colin Glass, Delsan Investments was in
attendance on behalf of the applicant; and received a positive response to his request for a show of hands
by persons present who were interested in the application. He requested that all persons wishing to
receive further notice of the passage of the by-law submit their names and addresses to the Clerk prior
to leaving the meeting.
The Director of Planning and Development referred to the subject property with the assistance of
posted sketches and reviewed the following information included in Technical Report No. PD-94-39;
Proposal; Background; Physical Assessment; Nature of the Zone Change; Site Plan Control and the
Public Notification Process.
His Worship Mayor Thomson received a negative response to his request for comments from
persons, other than the applicant or his agent, in support of the application, and received a negative
response from persons opposed to the application.
The Director of Municipal Works advised that the proposed development would be serviced by a
septic system on an interim basis.
Sines no further comments were forthcoming, Mayor Wayne Thomson declared the Public Meeting
with regard to Application AM-02/94 closed.
ORDERED on the motion of Alderman Craitor, seconded by Aldennan Hendersh0t, that the
correspondence be received and filed. Carried Unanimously.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that the report'be
received and adopted. Carried Unanimously.
MISCELLANEOUS PLANNING MATTERS
PD.94-37 - Chief Administrative Officer - Re: Zonln~ By-law 79-200 & General Provisions for Tents
and Air-Supported Structures. The report recommends that this report be received for Couneil's
information.
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Following some discussion with respect to the temporary use by-law and the planniog process, it
was ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
report be referred to staff for further re-examination. Carried Unanimously.
PD-9445 - Chief Administrative Officer - Re: Mewbran Road Sports Complex; Regional Plan
Amendment Application 87; Q.E.W. Mom~t Properties Inc. The report reconunends the following:
1. That the Region should defer making a decision on this application until the concerns expressed in
this report are addressed;
2. That a copy of this report be forwarded to the Regional Municipality of Niagara Planning staff.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the report be deferred
for further information. The motion Carried with Alderman Cunrmings abstainlug from the vote on a
conflict of interest because of the close proximity of the Fimmen's Park and City property and with all
others voting in fayour.
PD-94-46 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval Beaver
Valley, 26T-90022. The report recommends the following:
1. That a Council resolution supporting a one-year extension to the Beaver Valley Draft Plan of
Subdivision be adopted and forwarded to the Regional Municipality of Niagara, conditional upon
the applicant re-erecting the appropriate subdivision sign which complies with Municipal' and
Regional requirements;
2. That a copy of this report and Council's decision be forwarded to the Regional Municipality of
Niagara.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Hendershot, that the report be
received and adopted. Carried Unanimously.
See Resolution No. 22
PD-9447 - Chief Administrative Officer - Re: Request for Extension to Draft Plan Approval Carol
Subdivision Extension; 26T88035 (Revised). The report recommends the following:
1. That a Council resolution supporting a one-year extension to the Carol Subdivision Extension Draft
Plan of Subdivision be adopted and forwarded to the Regional Municipality of Niagara, conditional
upon the applicant re-erecting the appropriate subdivision sign which complies with Municipal and
regional requirements;
2. That a copy of this report and Council's decision be forwarded to the Regional Municipality of
Niagara.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the repoi't be
received and adopted. Carried Unanimously.
See Resolution No. 23
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the Minutes of
March 7, 1994 be adopted as printed. Carried Unanimously.
DEPUTATIONS
It was noted that the matter respecting the Builders Liaison Committee was dealt with at the Finance
Committee meeting.
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COMMUNICATIONS
Conmtunication No. 93 - Niagara Promotion Association - Re: 1994 Blossom Festival Parade. The
communication requests Council approval to hold the 1994 Blossom Festival Parade on Saturday, May
14, 1994 at 10:00 a.m.
ORDERED on the motion of Alderman Hcndershot, seconded by Alderman Craitor, that the request be
approved subject to established policy. The motion Carried with Alderman Cummings abstaining frbm
the vote on a conflict of interest because a member of his family is involved in the event and with all
others voting in favour.
Communication No. 94 - Niagara Falls Humane Society - Re: Proclamation. The communication
requests that Council proclaim the week of May 1, 1994 to May 7, 1994 as "Be Kind to Animals Week";
and requesting approval to fly the Society's flag in front of City Hall during that week.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Shetar, that the requests be
approved subject to established policy. Carried Unanimously.
Communication No. 95 - City of Etobicoke, Office of the Clerk - Re: Reduction in Provincial Tax for
Tourism/Hospitality Industry. The communication requests Council endorse a resolution encouraging the
Ontario government to support a proposal similar to one submitted by the Quebec government where the
provincial sales tax is waived on package tours involving stayovers of a minimum of two nights in order
to place Ontario tourism/hospitality industry on an even footing with its adjacent counterparts for the 1994
budget years.
ORDERED on the tnotion of Alderman Puttick, seconded by Alderman Cummings, that the request be
supported. Carried Unanimously.
Communication No. 96 - The Arthritis Society, Niagara Region Office - Re: Banner on City street.
The communication requests permission to place a banner across Stanley Street, north of the Q.E.W. ~nd
south of Valley Way during "September is Arthritis Month".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Germano, that the request
be approved subject to established policy. Carried Unanimously.
Communication No. 97 - Social Planning Councfi of Niagara Falls - Re: Letter of thanks. The
communication thanks members of the Finance Committee for their assistance in stabilizing their 1994
financial situation; and advising that Mr. AI Morellato would assume the responsibility of President of
the SPC, Board of Directors on March 6, 1994.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the communication
be received and filed for the Information of Council. Carried Unanimously.
Communication No. 98 - Dr. Megan Ward, Medical Officer of Health, Regional Niagara, Health
Services Deportment - Re: Acceptable Indoor Air Quality in City-owned facilities. The communication
commends the Mayor and Members of Council for implementing policies that ensure the quality of indoor
air in City-owned facilities.
ORDERED on the' motion of Alderman Cummings, seconded by Alderman Fisher, that the
communication be received and filed for the Information of Council. Carried Unanimously
Communication No. 99 - Ministry of Citizenship - Re: Senior of the Year Award - requesting the
submission of names of possible recipients for the Senior of the Year Award.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the matter be referred
to staff. Carried Unanimously.
Comntuulcation No. 100 - The Corporation of the Town of Niagara-on-the-Lake - Re: Niagara
Municipal Recycling Board - requesting Council review and endorse the concept of Report PW-94-20
which recommends terms of reference for a liaison position before the Board proceeds to fill the position.
ORDERED on the motion of Alderman Cummings, seconded by Alderman. Shetar, that the
communication be received and filed for the Information of Council. Carried Unanimously.
Communication No. 101 - Regional Niagara, Office of the Clerk - Re: Public Meeting; Request for
Tourism Exemption Retail Business Holidays Act - advising that a public meeting will be held on
Thursday, April 21, 1994 at 7:30 p.m. to consider proposed by-laws with respect to tourism exemption
applications and requesting the name of individuals who will be attending to make a presentation.
ORDERED on the motion of Alderman Cun~nings, s~conded by Alderman Fisher, that staff be
authorized to attend. Carried Unanimously.
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Communication No. 102 - National Defence, Major B.A. McDonnell, Battery Conm~ander, 10th
Battery - Re: Commemorative Gun Salute - reqocsting approval to fire co~mnemorativc three round Gun
Salutes at Queen Victoria Park on April 23, 1994 at 1:30 p.m.
ORDERED on the motion of ~Alderman Cunnnings, seconded by Alderman Susin, that the request be
approved subject to established policy. Carried Unanimously.
Communication No. 103 - Missing Children Society of Canada - Re: Proclamation - requesting
Council proclaim the week of May 23 - 29, 1994 as "Missing Children Week" m Niagara Falls.
ORDERED on the motion of Alderman Germano, seconded by Alderman Craitor, that tile request be
approved subject to established policy. Carried Unanimously.
REPORTS
MW-94-46 - Chief Administrative Officer - Re: Municipal Works Department Building Division -
Report for February, 1994. The report reconnnends that this report be received and filed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Susio, that the report be received
and filed. Carried Unanimously.
MW-94-50 - Chief Administrative Officer - Re: Municipal Works Department Building Division -
Maple Leaf Village Tower. The report recommends that this report be received fbr the information of
Council.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Puttick, that the report be
received and filed. Carried Unanimously.
MW-94-51 - Chief Administrative Officer - Re: Municipal Works Departmere Building Division;
Proclamation of Building Regulations Awareness Week. The report recotmnends that the week of
April 10-16, 1994 be proclaimed as "Building Regulations Awareness Week" and that Council endorse
the placing of an infornmtion booth at Niagara Square.
ORDERED on the motion of Alderman Cowan, secmlded by Alderman Ward, that tile report be received
and adopted. Carried Unanimously.
MW-94-52 - Chief Administrative Officer - Re: Contract 93-108, Phase It Road & Underground
Reconstruction on Ryerson Crescent and Eastwood Crescent. The report reconunends that the unit
prices submitted by the low tenderer, DeRose Bros. General Contracting Ltd., be accepted and the by-law
be passed.
ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the report be received
and adopted. Carried Unanimously.
See By-law No. 94-81
See Resolution No. 25
MW-94-53 - Chief Administ/'ative Officer - Re: Contract 92-102, Road Reconstruction on Oakes
Drive and Livingstone Street. The report recommends that the unit prices submitted by the low
tendeter, V. Gibbons Contracting Ltd. be accepted and the by-law passed.
ORDERED on the motion of Aldennan Hendershot, seconded by Alderman Fisher, that the report be
received and adopted. Carried Unanimously.
See By-law No. 94-75
See Resolution No. 24
MW-94-55 - Chief Administrative Officer - Re: Temporary Construction Encroachment on Queen
Street for the Ministry of Culture, Tourism and Recreation Building. The report recommends that
the by-law appearing later on in Council's agenda, authorizing the Mayor and City Clerk to sign an
Agreement with the Government of Ontario with respect to the encroachment of tie-backs and piles of
the proposed Ministry of Culture, Tourism & Recreation Building on the Queen Street Road allowance,
be endorsed by Council.
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ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report 'be
received and adopted. The motion Carried with Alderman Orr abstaining from the vote on a conflict of
interest because of the close proximity to her residence and with all others voting in fayour.
See By-law No. 94-83
CS-94-02 - Chief Administrative Officer - Re: Tourism Niagara. The report recommends that City
Council approve the by-law appearing on tonight's agenda authorizing an agreement between The
Canadian Employment and Immigration Commission and the City of Niagara Falls for a grant of $72,000
and that City Council authorize staff to negotiate an agreement with WCM for services pertaining to the
formation of the new Tourism Board.
Following some discossions, it was ORDERED on the motion of Alderman Puttick, seconded by
Alderman Orr, that the report be deferred for further information. The motion was Defeated.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the report be
received and adopted. The motion Carried with Aldermen Orr and Puttick voting contrary to the motion;
Alderman Craitor abstaining from the vote on a conflict of interest previonsly noted and with all others
voting in fayour.
See By-law No. 94,76
FD-944}3 - Chief Administrative Officer - Re: fire Dispatch. The report recommends that Council
approve the City of Niagara Fails (Fire Department) entering into an agreement to supply emergency fire
department dispatch facilities to the Town of Lincoln.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the report be
received and adopted. Carried Unanimonslv.
R-94-17 - ChiefAdminlstrative Officer - Ontario Winter Games Co-Ordinator Position. The report
recommends that Jim Dindati, Jr. be hired on a contract basis as Games Co-Ordinator for the 1995
Ontario Winter Games, for a 13-month time period starting Monday, March 28, 1994, at a salary of
$33,890 plus benefits.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be
received and adopted. Carried Unanimously.
See By-law No. 94-80
F-94-14 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that the
accounts totalling $265,002.60 for the period ending March 14, 1994. and the accounts totalling
$8,832,936.67 for the period ending March 21, 1994, be approved by the passing of the by-laws
appearing later on the agenda.
Further information was provided on Cheque Nos. 201162 and 201151.
The Director of Finance responded to concerns regarding local market assessment and regional-wide
market value assessement. He advised that the relationship of the municipality entering into market value
assessment and overpayment based on equalization factors were not related.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the report be
received and adopted. The motion Carried with Aldermen Oermano, Hendershot, Janvary and Susin
abstaining from the vote on conflicts of interest previously noted; and Alderman Susin voting contrary
to Cheque No. 201172 and with all others voting in fayour.
.See By-law No. 94-84
See By-law No. 94-85
":"
~
RATIFICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cunm~ings, seconded by Alderman Fisher, that the actions taken
on the following matters by Finance Committee, earlier this evening, be approved.
1. Adoption of the Minutes of February 28, 1994;
2. Building Liaison Connnittee - that staff investigate innovative ways aud opportunities, with
whatever reserve funds are available, in an attempt to accotmnodate the objectives of the Building
Liaison Committee. The report is to be presented to the Finance Committee in three weeks' time;
3. FC-94-11 - Tax Balances at February 28, 1994 - to receive and file Report FC-94-11 - Tax
Balances at February 28, 1994.
4. Bingo Operations - Social Planning Council - to receive the interbn report on the Social Pla~ming
Council's bingo operations.
Carried Unanimously.
L-94-14 - Chief Administrative Officer - Re: Walker Bros. Quarries Limited Agreement with City
of Niagara Falls; Acquisition of a 10-Foot Road Widening Abutting Beechwood & Garner Roads.
The report recommends that City Council approve the by-law authorizing the Agreement between Walker
Brothers Quarries Limited and The Corporation of the City of Niagara Falls for the transfer of title for
a 10-foot road widening, abutting Beechwood Road and Garner Road, from Walker Brothers to the City
of Niagara Falls, at no cost to the City, upon the completion of the quarry operations abutting the said
roads.
ORDERED on the motion of Alderman Cununings, seconded by Alderman Craitor, that the report be
received and adopted. Carried Unanimously.
See By-law No. 94-77
L--94-15 - Chief Administrative Officer - Re: Appeals in Respect of Adults Only Video. The re. port
recommends that Council confirm the actions of the City Solicitor in filing the Notice of Appeal to the
Court of Appeal for Ontario and to authorize the City Solicitor to take all necessary actions in respect
of this Appeal and the Appeal by Randy Jorgensen and 913719 Ontario Limited.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that the report be
received and adopted. Carried Unanimously.
CD-94-14 - Chief Administrative Officer - Re: Special Occasion Permit; Niagara Rocks for Charity
i
in aid of Ronald McDonald House. The report recommends that Council indicate it has no objection
to the issuance of a Special Occasion Permit to the organization listed in this report.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cununings, that the report
be received and adopted. Carried Unanimously.
RATIFICATION OF COMMITTEE OF TIlE WHOLE ACTIONS
ORDERED on the motion of Alderman Germano, seconded by Alderman Janvary, that the actions taken
on the following matters by Committee of the Whole, earlier this evening, be approved.
1. That the City Solicitor be authorized to assist and represent the Niagara Falls Public Library regarding
the complaint to the Human Rights Commission from the Heritage Front Niagara;
2. HR-94-05 - That Council ratify the amended Collective Agreement between the Corporation and, the
Niagara Falls Fire Fighters Association.
3. To ratify a Memorandum of Agreement regarding the implementation of Internal Equity between the
Corporation of the City of Niagara Falls and the Canadian Union of Public Employees and its Local
133;
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The Chief Administrative Officer provided information with respect to concerns expressed regarding
the OMERS pension plan and indicated that through good investments, OMERS had been able to
contribute an additional $200 million to municipalities to provide payments for the penalty allowing for
the Type 7 Pension to go through, and advised that the only way contributions could be changed would
be through an act of the Provincial government as the rules which regulate OMERS contribution plan are
set out by Provincial legislation.
Discussion ensued regarding retirement packages and savings to the municipality.
The motion _Carried with Alderman Susin voting contrary to Section 3Co) of Report HR-94-05 which
refers to the OMERS Plan; Alderman Orr voting contrary to Section 3(a) and 3(b) of Report HR-94-05;
Alderman Cummings voting contrary to Section 3(a) of Report HR-94-05 and Alderman Puttick voting
contrary to Section 3 (a) of Report HR-94-05 and with all others voting in fayour.
See By-law No. 94~82
See By-law No. 94-86
RESOLUTIONS
NO. 22 - CUMMINGS - HENDERSHOT. RESOLVED that the Council of the Corporation of the City
of Niagara Falls supports a one-year extension to the Beaver Valley draft plan of subdivision (File No.
26T-90022), conditional upon the applicant re-erecting the appropriate subdivision sign which complies
with the Municipal and Regional requirements;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 23 - HENDERSHOT. CU]VIMINGS. RESOLVED that the Council of the Corporation of the City
of Niagara Falls hereby supports a one-year extension to the Carol Subdivision Extension draft plan of
subdivision (File No. 26T-88035 - Revised), conditional upon the applicant re-erecting the appropriate
subdivision sign which complies with the Municipal and Regional requirements;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously,
NO. 24 - HENDERSHOT. FISHER - RESOLVED that the unit prices submitted by the low tenderer,
V. Gibbons Contracting Ltd. for Contract 91 - 102 - Road Reconstruction on Oakes
Street, at the low tendered amount of $445,795.35 be accepted; Drive and Livingstone
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 25 - WARD - FISHER - RESOLVED that the unit prices submitted by the low tenderer, DeRose
Bros. General Contracting Ltd. for Contract 93-108 - Underground & Road Reconstruction on Ryerson
Crescent and Eastwood Crescent, at the low tendered amount of $959,322.32, be accepted;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAW_ _.. S
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that leave be granted
to introduce the following by-laws, and the by-laws be read a first time:
94-75 A by-law to authorize the execution of an agreement with V. Gibbons Contracting Ltd,
respecting road reconstruction on Oakes Drive and Livingstone Street.
94-76 A by-law to authorize the execution of an agreement with The Canada Employment and
Immigration Con~nission.
94-77 A by-law to authorize the execution of an agreement between Walker Brothers Quarries
Limited.
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94-78 A by-law to amend By-law No. 87-143, as amended, being a by-law respecting smoking. '
94-79 A by-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the
. City of Niagara Falls, as amended and By-law No. 79-200, as amended.
94-80 A by-law to authorize the execution of a Contract of Employnrent with Jinxes Diodati.
94-81 A by-law to authorize the execution of an agreement with DeRose Brus. general Contracting
Ltd. respecting road & underground reconstruction on Ryerson Crescent and Eastwood
Crescent.
94-82 A by-law to ratify a Memorandum of Agreement respecting a settlement of internal equity
with Canadian Union of Public Employees and its Local 133.
94-83 A by-law to authorize an agreement for a temporary construction encroachment on Queen
Street for the Ministry of Culture, Tourism and Recreation Building.
94-84 A by-law to authorize monies for General Purposes (March 14, 1994).
94-85 A by-law to anthorize monies for General Purposes (March 21, 1994).
94-86 A by-law to ratify a Memorandum of Agreement respecting the Niagara Falls Fire Fighters
Association.
The motion Carried with Aldermen Orr and Puttick voting contrary to By-law No. 94-76; Alderman
Craitor abstaining from the vote on By-law No. 94-76 on a conflict of interest previously noted;
Alderman Orr voting contrary to the motion on By-law Nos. 94-82 and 94-86; Alderman Orr abstaining
from the vote on By-law No. 94-83 on a conflict of interest previously noted; Alderman Susin abstaining
from the vote on By-law Nos. 94-84 and 94-85 because members of his family are volunteer firefighters;
and Alderman Cummings, Orr, Puttick and Susin voting contrary to By-law No. 94-86 and with all others
voting in layout.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that the following by-
laws be now read a second and third time:
94-75 A by-law to authorize the execution of an agreement with V. Gibbons Contracting Ltd.
respecting road reconstruction on Oakes Drive and Livingstone Street.
94-76 A by-law to authorize the execution of an agreement with The Canada Etnployment and
Immigration Conunission.
94-77 A by-law to authorize the execution of an agreement between Walker Brothers Quarries
Limited.
94-78 A by-law to amend By-law No. 87-143, as amended, being a by-law respecting smoking.
94-79 A by-law to amend By-law No. 395, 1966 of the former Township of Willoughby, now in the
City of Niagara Falls, as amended and By-law No. 79-200, as amended.
94-80 A by-law to authorize the execution of a Contract of Employment with James Diodati. '
94-81 A by-law to authorize the execution of an agreement with DeRose Bros. general Contracting
Ltd. respecting road & underground reconstruction on Ryerson Crescent and Eastwood
Crescent.
94-82 A by-law to ratify a Memorandum of Agreement respecting a settlement of internal equity
with Canadian Union of Public Employees and its Local 133.
94-83 A by-law to authorize an agreement for a temporary construction encroachment on Queen
Street for the Ministry of Culture, Tourism and Recreation Building.
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94-84 A by-law to authorize monies for General Purposes (March 14, 1994).
94-85 A by-law to authorize monies for General Purposes (March 21, 1994).
94-86 A by-hw to ratify a Memorandum of Agreement respecting the Niagara Falls Fire Fighters
Association.
The motion ,Carried with Aldermen Orr and Puttick voting contrary to By-law No. 94-76; Alderman
Craitor abstaining from the vote on By-law No. 94-76 on a conflict of interest previously noted;
Alderman Orr voting contrary to the motion on By-law Nos. 94-82 and 94-86. Alderman Orr abstaining
from the vote on By-law No. 94-83 ,
from the vote on By-law Nos. 94-84°n a conflict of interest previously noted; Alderman Susin abstaining
and Alderman Cummings, Orr, Puttick and Susin voting contrary to By-law No. 94-86 and with nil others
voting in fayour. and 94-85 because members of his family are volunteer firefighters;
NEW BUSINESS
Comments in NiaRara Falls Review
Alderman Norm Puttick referred to an ankle in the Niagara Falls Review with regard to staff
living within the municipality.
Handican Parking
Alderman Brace Ward indicated that a new by-law respecting handicap parking signs would be
proceeding to the Parking & Traffic Committee on April llth, 1994.
Alderman Pat Cummings provided clarification of his position at Niagara Promotions and indicated
that he was requested to chair the Niagara Promotions meeting due to the illness of the Chairman.
READ AND ADOPTED, .
MAYOR WAYNE THOMSON
ELEVENTH MEETING
COMMITTEE OF THE WHOLE
Conmfittee Room #2
March 28, 1994
Council met on Monday, March 28, 1994 at 7:15 p.m. in Conunittee of the Whole. All
members of Council, with the exceptim~ of Alderman Ward, who was away on business, were
present. Alderman Norm Puttick presided as Chairman.
Following consideration of the items presented, the Conunittee of the Whole arose to report
in open session.
READ AND ADOPTED,
REGULAR COUNCIL MEETING
Council Chambers
March 28, 1994
Council met on Monday, March 28, 1994 at 7:30 p.m. for the purpose of considering
Regular Council Business. All members of Council, with the exception of Alderman Ward, were
present. His Worship Mayor Wayne Thomson presided as Chairman. Alderman Germano offered
the Opening Prayer.
ADOPTION OF MINUTES
Alderman Fermino Susin requested that the Minutes of the Planning Meeting of March 21,
1994 reflect that he abstained from the vote on By-law Nos. 94-84 and 94-85, because members of
his family are volunteer firefighters.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that the Minutes
of the Planning Meeting be adopted as amended. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Cowan indicated a pecuniary interest on Report F-94-15, Cheque No. 201225,
because the recipient is his employer.
Alderman Craitor indicated a pecuniary interest on Report F-94-15, Cheque No. 201355,
because he sits on the Board as a volunteer member.
Alderman Susin indicated a pecuniary interest on Report F-94-15, Cheque No. 20123I,
because members of his family are volunteer firefighters.
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Alderman Cummings indicated a pecuniary interest on Report F-94-15 Cheque No. 201374,
because his wife is employed by the organization. '
DEPUTATIONS
Dr. Michael Alexander, Internal Medicine, requested Council's support for an application
for funding under the Con~rnunity Support Program of Ventures and Independence to assist seniors
in the reduction of smoking cessation. Dr. Alexander advised that the program woulld assist senior
citizens achieve their goal of smoking cessation along with dealing with nutrition issues; he indicated
that the municipality would be the sponsor for the program and that the application would be made
to the Federal government. He stated that in collaboration with the Canadian Association of Retired
Persons and the Regiona/Niagara Health Department, a very cohesive and successful program would
be developed over the next three years and he indicated that if the program was successful, this may
be feasible and useful for other municipalities.
His Worship Mayor Thomson thanked Dr. Alexander for his presentation.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cm~maings, that Council
suPP°rt an aPPlicati°n f°r funding to assist seniors in the reduction of smoking dependency. C~arried
Unanimously.
Mrs. Judith MacCarthy, Try Another Way Committee, expressed concern and opposition
to casino gambling in Niagara Falls; referred to the need to create jobs and help the unemployed and
acknowledged that casinos do provide employment and entertainment. Mrs. MacCarthy stated that
gambling weakens commitment to family; that money movement attracts crime, prostitution, and the
increased use of alcohol and drugs; referred to business opportunities in newspaper article entitled
"Trends of the 1990s "; provided recommendations for alternative job and entertainment creation in
the community.
Mrs. MacCarthy indicated that a referendum was requested in order that every citizen could
have the opportunity to express their Yes or No to the proposed gambling casino; and requested that
she be provided with a copy of the proposed Niagara Fails Casino Project Study.
His Worship Mayor Thomson indicated the survey was available through the Clerk's
Departntent.
Alderman Sherar expressed his opposition to a casino in Niagara Falls and stated that a
referendum would be appropriate and that he would be bringing a resolution to Council on May 9th
or May 16th, requesting that the question be placed on the ballot on November 14, 1994, "Do you
want a casino in Niagara Falls?"
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that comments
*****
Mr. Ray Wilson provided background information on Shirley Cart and requested 'that
Council give some consideration to recognizing Mrs. Shirley Carr for the contributions she had made
to society and to the labour movement.
Alderman Kim Craitor informed that the Labour Council was considering the matter and that
a report would be provided to Council in the near future.
- 3
Mr. Wilson expressed his oppositiou to the introduction of a casino iu Niagara Falls and
stated that gambling effected public morality; public safety; the quality of life; discussed minhnum
wage; addressed the need for further development in the downtown core.
Mr. Wilson indicated that because of the impact a casino would bave on family life and to
the tourist industry, that Council should hold a referendum on the casino issue.
His Worship Mayor Thomson stated that the intent of a casino was to create jobs in Niagara
Falls and to provide an additional attraction to the City.
Mayor Thomson advised Mr. Wilson that he was welcome to attend any future TNT
meetings.
Alderman Craitor provided statistics to members of Council and advised that approxin~ately
3,000 jobs have been lost in Niagara Falls.
Following further discussions, it was ORDERED on the motion of Alderman Hendershot,
seconded by Alderman Puttick, that the matter be referred to the Casino Conmrittee. Carried
Unanimously.
COMMUNICATIONS
Communication No. 104 - Campaign Life Coalition, Niagara - Re: Proclamation, The
communication requests that Council proclaim the week of May 8th to May 15th, 1994 as "Respect
for Life Week" in the comnmnity.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Gennano, that the request
be approved subject to established policy. Carried Unanimously.
Communication No. 105 - Regional Niagara, Office of the Clerk - Re: Workers' Compensation
and Schedule 2 Funding. The communication requests that Council support a resolution of Regional
Council's position that it opposes the action being taken by the Workers' Compensation Board which
would increase costs to Schedule 2 employers and that staff continue Regional Council's efli3rts
through Municipal Groups and Associations to oppose any policy change that would have an adverse
effect on the Region's finances relative to funding the Workers' Compensatiou Board liabilities.
ORDERED on the motion of Alderman Cmmnings, seconded by Alderman Fisher, that the request
be supported. Carried Unanimously.
REPORTS
MW-94-56 - Acting Chairperson, Municipal Parking & Traffic Committee - Re: Municipal
Parking & Traffic Committee Recommendations; March 15, 1994. The report recmnmends the
following:
1. MYV-94-41, Maple Street at Homewood Avenue - All Way Stop Request. That an all way stop
control be installed at the intersection of Maple Street and Homewood Avenue.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the rdport
be received and adopted. Carried Unanimously.
RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that the actions
taken on the following matters by the Municipal Works Conunittee, earlier this evening, be
approved.
.,,4
-4-
10.
Adoption of the Minutes of the March 7, 1994 Municipal Works Committee Meeting;
That the Feasibility Study for the Opening of Bender Street be endorsed in principle;
Rainbow Bridge Plaza and Area Traffic Planning Study Presentation - that a Public
Meeting be held as soon as possible providing tonight's Presentation to all involved business
people, Ministry staff, and all other interested citizens for their input before City Council
considers final approval of this matter;
Woodland Boulevard Removal of Heavy Vehicle Restriction - that the request from Mr.
& Mrs. Cardwell for the removal of file Heavy Vehicle Restriction on Woodland Boulevard
be denied;
M'vV-94-58 - Requests to Operate PAckshaws on City Streets - that the requests received
from Mr. John Milne (Milne & Associates Inc.) and Mr. Scott Mercer (Roadrunner
Rickshaw) to operate Rickshaw services on City Streets be denied. The motion Carried with
6 In Favour and 5 Opposed;
1VBV-94-54 - Downtown Parking Study - that staff be authorized to prepare Terms of
Reference in order to obtain a Consultant to undertake a Downtown Parking and Traffic
Study; and that the Study upset limit be set not to exceed $50,000;
M'vV-94-30 - Tipping Fees for Construction/Demolition Materials (ratified) - that residents
be allowed to dispose of construction/demolition/remodelling materials at the Landfill at no
cost on the condition that: 1) materials are hauled by residents themselves in a non-
commercial vehicle (car, small trailer, van, pickup) with the understanding that under certain
circumstances exceptions could be allowed; 2) that the maximum of one load per month not
to exceed 500 kg; and 3) that roofing materials are not exempt from paying a Tipping Fee;
h~V-94-49 - Strategy to Deal with Proposed Waste Disposal (Landf'dl) Cytec Canada
Inc. (formerly Cyanamid) Fourth Avenue - that 1) the City support an nidependem review
by a qualified Consultant of all rite waste-related studies prepared by Environmental
Strategies Ltd. on behalf of Cytec (Cyanamid) Canada Ltd., 2) that the City request financial
assistance from Cytec (Cyanamid) Canada Ltd. to carry out the review; 3) that staff prepare
Terms of Reference and the necessary agreement to undertake the review; 4) that specific
time frames be required as part of the agreement to ensure that the review is carried out as
quickly as possible and that such a review to include discussion on history of applicable
standards in the past, present and future to assess contaminant levels; 5) that a copy of this
Report and Councri's decision be forwarded to the Ministry of the Environment and Energy;
1) Association of Municipal Recycling Co-Ordinators; 1994 Pronmtion & Education
Awards; 2) Status of Mewburn Road CNR Bridge; 3) Video at the City's Compost
Display located on Swayze Drive - that Items .1, 2 and 3 be received and filed for
information;
M'vV-94-57 - Remedial Measures; Maple Leaf Village Tower - that the Chief Building
Official be authorized to retain Gary L. Hedgson and Associates Inc. at an approximate cost
of $2,500 to perform an investigation of the current structural condition of the tower at
Maple Leaf Village and to recommend remedial action of either demolition or repair to a
minimum standard together with an estimated cost of either option.
Carried Unanimously
FD-94-04 - Chief Administrative Officer - Fire Department Boundaries. The report recommends
that Council approve the City of Niagara Falls Fire Department entering into an agreement with the
Niagara-On-The-Lake Fire Department to share responses to certain areas of both municipalities.
ORDERED on the motion of Alderman Susin, seconded by Alderman Janvary, that the report be
received and adopted. Carried Unanimously.
- 5 -
R-94-18 -'Chief Administrative Officer - Arena Glass Extension, Niagara Falls Memorial Arena.
The report recommends that the decision to extend tile glass at the Niagara Fails Memorial Arena
be considered in the 1995-1999 Capital Construction Program.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the staff
recommendation not be approved; and that the reconm~endation to move the existing 5 foot glass to
the sides and to install 8 foot glass on the ends with the funding to be achieved by the deleting the
repair to the exterior walls at Stamford Jack Bell Arenas from the infrastructure works list and
replacing it with the glass project. Carried Unanimously.
R-94-19 - Chief Administrative Officer - Designation of the National and Provincial Slo-Pitch
Championships as Community Festivals. The report reconunends the following:
1. That City Council adopt a resolution designating the National and Provincial Slo-Pitch
Championships held in the City of Niagara Falls as Community Festivals.
2. That a copy of the Council Resolution be provided to the Niagara Fails Opthnist Club and tile
Liquor Licence Board of Ontario.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 26
R-94-20 - Chief Administrative Officer - Display Advertising in Municipal Parks and Arenas.
The report recommends that Council authorize staff to negotiate an agreement for display advertising
in Municipal Parks and Arenas.
ORDERED on the motion of Alderman Cmmnnigs, seconded by Alderman Fisher, that the report
be received and adopted. Carried Unanimously.
CS-94-03 - Chief Administrative Officer - Feasibility Study Agreement By-law for an Ultimate
People Mover System. The report recommends that City Council approve the by-law appearing on
tonight's agenda authorizing the execution of an agreement with Totten Sims Hubicki Associates
(1991) Limited.
ORDERED on the motion of Alderman Puttick, seconded by Aldermall Craitor, that the report be
received and adopted. Carried Unanimously.
See By-law No. 94-90
F-94-15 - Chief Administrative Officer - Municipal Accounts. The report recommends that the
accounts totalling $1,272,328.32 for the period ending March 28, 1994, be approved by the passing
of the by-law appearing later on the agenda.
Further information was provided on Cheque Nos. 201232; 201236; 201222 and 212332.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
report be received and adopted. The motion Carried with Aldermen Cowan, Craitor, Cummings and
Susin abstaining from the vote on conflicts of interest previously noted and with all others voting in
favour.
See By-law No. 94-92
...6
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'1:
RATIFICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
actions taken on the following matters by the Finance Committee, earlier this evening, be approved.
1. Adoption of the Minutes of March 21, 1994 Finance Committee meeting;
2. FC-94-12 - 1994 Current Budget - that the Finance Committee approve the 1994 Current
Budget; approve the 1994 tax rates as presented and forward the 1994 Current Budget and
tax rates to the Council for approval;
3. FC-94-13 - 1993 Reserves - to approve the suggested 1993 transfers to reserves.
Alderman Susin declared a conflict of interest.
4. Blue Line Room Matter - that Council consider asking the Thunder and any other gr.oups
who use the Blueline Room to consider making a donation towards the renovations.
5. Native-American Border Crossing - that the City Council assure Mr. Heuser in writing that
if there were any ruts or damage caused to his property due to the floats, the City would
restore the property through levelling or fill
The motion Carried with Alderman Susin abstaining from the vote on Report FC-94-13, because
members of his family are volunteer fire fighters and with all others voting in favour.
L-94-16 - Chief Administrative Officer - Property Standards Order; De~nolition of Property at
48364840 Ontario Avenue. The report recommends that Council endorse City Staff to tender for
a contractor to demolish file property at 4836 - 4840 Ontario Avenue, Niagara Falls, because the
owner of the property, Sukhu Somant has failed to demolish the building according with a final and
binding Property Standards Order.
- AND -
Communication No. 106 - Correspondence from Sukhu Somant. The communication advises that
arrangements are currently being made to commence demolition on the property at 48364840 and
4846 Ontario Avenue.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
correspondence be received and filed. Carried Unanimously.
ORDERED on the.motion of Alderman Cummings, seconded by Alderman Fisher, that the report
be received and adopted. Carried Unanimously.
L-94-17 - Chief Administrative Officer - Property Standards By-laws Residential and Non-
Residential Property Enforcement Provision Amendment. The report recommends that Council
pass the by-laws to amend the enforcement provisions for City of Niagara Falls Residential property
Standards By-law No. 74-204 and City of Niagara Falls Non-Residential Property Standards By-law
No. 76-148.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the report
be received and adopted. Carried Unanimously.
See' By-law No. 94-87
See By-law No. 94-88
L-94-18 - Chief Administrative Officer - MacLean Hunter Cable TV - City Consent to
Assignment. The report reconunends that Council authorize the Mayor and Clerk to execute a
Consent to the Assignment by MacLean Hunter Cable TV (Niagara) Limited to MacLean Hunter
Cable TV Niagara - Partnership.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, tbat the report be
received and adopted. Carried Unanimously.
CD-94-15 - Chief Administrative Officer - Special Occasion Permit - Greek Canadian
Community Association. The report reconunends that Council indicate it has no objection to the
issuance of a Special Occasion Permit to the organization listed in this report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the report be
received and adopted. Carried Unanimously.
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
actions taken on the following matters by Committee of the Whole, earlier this evening, be approved.
1. That the City Solicitor be authorized to oppose the Appeal of Mr. McEachern and to take all the
necessary steps in that regard;
2. That the City Solicitor be authorized to make an application for a Contempt of Court Order for
the failure of Mr. Jose Jacinto to carry out an Order by the Court respecting the construction of
a building located at 5729 McLeod Road.
Carried Unanimously.
RESOLUTIONS
NO. 26 - HENDERSHOT - CRAITOR - BE IT RESOLVED that based upon the extensive
involvement of the community in the National and Provincial Slo-Pitch Championships that the
Council of the Corporation of the City of Niagara Falls hereby recognizes the events as Connnunity
Festivals.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimdusly
BY-LAWS
ORDERED on the motion of Alderman Cununings, seconded by Alderman Hendershot, that leave
be granted to introduce the following by-laws, and the by-laws be read the first time:
94-87
A by-law to amend By-law No. 74-204, being a by-law in respect of the prescribed
standards for the maintenance and occupancy of residential property.
94-88
A by-law to amend By-law No. 76-148, being a by-law in respect of the prescribed
standards for the maintenance and occupancy of non-residential property.
94-89
A by-law to authorize the execution of a consent to the assignment of an agreement to
MacLean Hunter Cable TV Niagara - A Partnership.
94-90
' A by-law to authorize the execution of a Feasibility Study Agreement with Totten. Shns
Hubicki Associates (1991) Limited respecting an ultimate people mover system.
94-91
A by-law to atnend By-law No. 89-2000, being a by-law to regulate parking & traffi.c on
City Roads (Stop Signs).
...8
94-92 A by-law to authorize monies for General Purposes (March 28, 1994).
The motion Carried with Aldermen Cowan, Craitor, Cummings and Susin abstaining from the voie
on By-law No. 94-92 on conflicts of interest previously noted and with all others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
following by-laws be now read a second and third time:
94-87
A by-law to amend By-law No. 74-204, being a by-law in respect of the prescribed
standards for the maintenance and occupancy of residential property.
94-88
A by-law to amend By-law No. 76-148, being a by-law in respect of the prescribed
standards for the maintenance and occupancy of non-residential property.
94-89
A by-law to authorize the execution of a consent to the assignment of an agreement to
MacLean Hunter Cable TV Niagara - A Partnership.
94-90
A by-law to authorize the execution of a Feasibility Study Agreement with Totten Sims
Hubicki Associates (1991) Limited respecting an ultimate people mover system.
94-91
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking & traffic on
City Roads (Stop Signs).
94-92 A by-law to authorize monies for General Purposes (March 28, 1994).
The motion Carried with Aldermen Cowan, Craitor, Cummings and Susin abstaining from the vote
on By-law No. 94-92 on conflicts of interest previously noted and with all others voting in fayour.
ORDERED on the ~notion of Alderman Cummings, seconded by Alderman Germano, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
NEW BUSINESS
Bell Telenhone Chan,es
Alderman Pat Cummings referred to the increase in Bell Telephone charges for 911
and requested that staff obtain a response from the Region regarding the matter.
Ministry of Consumer & Commercial Relations
Alderman Pat Cummings referred to a tneeting with the Ministry of Consumer and
Commercial Relatiohs and local concerned service clubs, at the offices of Margaret Harrington on
Friday, March 25, 1994 regarding a 2% limit on the use of lottery proceeds and provincial
legislation.
Canada Day Donation
Alderman Gary Hendershot advised he was in receipt of a cheque in the amount
$200.00 from the Stamford Centre Volunteer Firemen's Association toward the Canada Day
celebrations. .
Veda Land Article
Alderman Gary Hendershot referred to an article in the Globe & Mail Business Week
regarding Veda 'Land and comments made by the Mayor.
...9
TWELFTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
April 11, 1994
Council met on Monday, April 11, 1994 at 7:15 p.m. in Committee of the Whole. All
members of Council, with the exception of Alderman Ward, who was away on vacation, were
present. Alderman Margaret Germano presided as Chairman.
Following consideration of the items presented, the Committee of the Whole arose to report
in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
Council Chambers
April 11, 1994
Council met on Monday, April 11, 1994 at 7:30 p.m. for the purpose of considering Planning
Matters and Regular Business. All members of Council, with the exception of Alderman Ward, .who
was on vacation, were present. His Worship Mayor Thomson presided as Chairman. Alderman
Craitor offered the Opening Prayer.
Prior to dealing with Planning Matters, it was ORDERED on the xnotion of Alderman
Cummings, seconded by Alderman Hendershot, that the Regular Council Meeting and the Adoption
of the Minutes be brought forward. Carried Unanimously.
ADOPTION OF MINUTES
: Alderman Fermino Susin requested that the Minutes of March 28, 1994 be amended to reflect
that he had abstained from By-law Nos, 94-84 and 94-85 because members of his family are
volunteer firefighters.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
Meeting of March 4, 1994 be adopted as printed and that the Minutes of the Regular Meeting of
March 28, 1994 be adopted as amended. Carried Unanimously.
Alderman Norm Puttick referred to an article in the Niagara Falls Review entitled "'City
Casino Poll Questioned" and requested that correspondence received from Sanjay Putrevu, Assistant
Professor of Marketing Brock University, clarifying some issues relating to the article be read by
the City Clerk.
-2-
ORDERED on the motion of Alderman Puttick, seconded by Alderman Germano, that the
correspondence be received and flied for the information of Council. Carried Unanimously.
Alderman Norm Puttick referred to correspondence forwarded to Mr. Pierre Berton
respecting his comments which had appeared in the local press on a casino in Niagara Falls and Mr.
Berton's subsequent response.
His Worship Mayor Thomson referred to remarks made by Alderman Sherar at the March
28, 1994 Council meeting with respect to the Niagara Falls Casino Project Study; clarification was
provided through the use of a video of the Council meeting, indicating that the matter of the survey
had been dealt with by Council in open session on February 17, 1994.
DISCLOSURES OF PECUNIARy INTERESTS
Alderman Fermino Susin indicated a pecuniary interest on Report CD-94-16, because he is
· a member of Royal Canadian Legion Branch 396.
PLANNING MEETING
PD-94-51 - Chief Administrative Officer - Re: Zoning by-law Amendment Application AM-
10/94, Estate of Antonio Pietrangelo. The report recommends that Council consider the enactment
of a Zoning By-law amendment to permit the development of five undersized Testamentary Devise
lots created through a Minister's order regarding the Pietrangelo will.
-AND-
Communication No. 106 - Ministry of Natural Resources. The communication advises as having
no objection to the application.
Communication No. 107 - Niagara South Federation of Agriculture. The communication
expresses concerns and provides comments regarding lot sizes; environmental problems caused by
the lack of sewers; the possibility of accidents due to the number of driveways off a Regional road.
Conununication No. 108 - The Regional Municipality of Niagara. The communication expresses
concerns and provides coinments with respect to the proposed application.
Communication No. 109 - Niagara Peninsula Conservatiou Authority. The communication
advises as having no objections to 'the proposal.
His Worship Mayor Thomson declared the Public Meeting open and read the procedure to
be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in accordance
to Regulations on March 11, 1994 and March 22, 1994,
His Worship Mayor Thomson received indication that Mr. William Slovak was in attendance
on behalf of the developer; and received a positive response to his request for a show of hands by
persons present who were interested in the application. He requested that all persons wishing to
receive further notice of the passage of the by-law submit their names and oildresses to the Clerk
prior to leaving the meeting.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and provided information respecting the creation of parcel of lands
through the Testamentary Devise procedure; reviewed the Official Plan and Zoning By-law;
Surrounding Land Uses; and the Public Notification Process,
- 3 -
The Director of Planning and Development addressed the Ministry of Enviromnent and
Energy (MOEE) concerns regarding the septic tank system; and provided information regarding the
lot frontage.
His Worship Mayor Thomson received a negative response to his request for comments from
persons, other than the applicant or his agent, in support of the application, and received a positive
response from persons opposed to the application.
Mr. Joe Pietrangelo advised that he was opposed to the proposed by-law amendment for
both personal and legal reasons and indicated that matters should be dealt with in accordance to his
father's wishes as specified in his will.
The City Solicitor res'ponded to questions regarding legal and planning matters; advised the
meeting was a planning meeting and Mr. Pietrangelo's comments were directed towards fraud and
collusion which were legal matters and should be dealt with in a court of law.
Further questions were directed to the City Solicitor respecting Mr. Pietrangelo's right to
speak to the matter and the City Solicitor provided clarification and advised that under the Planning
Act, Notice must be given and a public meeting held to inform the public of the purpose of the
application; that anyone ig entitled to come forward and express concerns or ask questions and that
the request for information refers back to matters in a planning context. He also indicated that the
Mayor can direct any member of the audience to stay on topic.
Mr. William Slovak, Solicitor remarked that the Council meeting was not the proper forum
to air family differences and matters. He advised that the lots had been devised through the Will of
the father and that the lots being discussed were those left in the will. Mr. Slovak stated that title
to the property was vested in the names of the individuals that were left in the will.
Since no further conunents were forthcoming, His Worship Mayor Thomson declared the
Public Meeting with regard to Application AM-10/94 closed.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the
correspondence be received and filed. Carried Unanimously.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Hendershot, that the report
be received and adopted. Carried Unanimously,
See By-law No. 94-93
PD-94-57 - Chief Administrative Officer - Re: Zoning By-law Amendment Application, AM-
20/93; Revised, Karen DeGiorgio; Mount Camel North Plan of Subdivision. The report
recommends that the revised zoning amendment application be approved for the Mount Carreel North
Plan of Subdivision.
- AND -
Communication from the Regional Municipality of Niagara;
Communication from the Niagara Peninsula Conservation Authority.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the
correspondence be received a. nd filed, Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
matter be deferred to the May 9, 1994 Public Planning Meeting, in order that the appropriate
circulation process is provided. Carried Unanimously.
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PD-94-52 - Chief Administrative Officer - Re: Zoning By-law Amendment Application A51-9/94,
700 - 6746 Morrison Street; River Realty Development (1976) Inc. The report recommends the
following:
1. That Council support the application to amend the Zoning By-law to p6rmit some limited
specialty commercial uses on the subject lands;
2, That the proposed specialty commercial uses occupy an aggregate floor area of no greater than
594.6 sq.m. (6400 sq.ft.);
3. That the commercial Development Charges be paid where applicable.
-AND-
. Communication No. 110 - Niagara Peninsula Conservation Authority.
advises as having no objection to the application.
The communicfition
Communication No. 111 - Canadian Home Products Ltd. The communication indicated that
discussions with the proponent have resulted in having a clause inserted into the lease agreements
stating that tenants acknowledge the operation of a food processing plant on the property and further
acknowledging that edours may be emitted from the plant and noisy activities including truck traffic
will occur. The communication further requests that the City consider making a connecting link
from the existing sidewalk on the southside of Morrison Street to the sidewalk in front of the subject
lands.
His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be
followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in accordance to
Regulations on March 11, 1994.
His Worship Mayor Thomson received indication that Mr. Stewart Branscombe was in
attendance on behalf of the applicant; and received a positive response to his request for a show of
hands by persons present who were interested in the application. He requested that all persons
wishing to receive further notice of the passage of the by-law submit their names and address& to
the Clerk prior to leaving the meeting.
The Director of Planning and Development referred to the subject property with the assistance
of posted sketches and reviewed the following information included in Technical Report No. PD-94-
50; Proposal; Official Plan; Nature of the Zone Change; Compatibility; and the Public Notification
Process. , ,,
The Director of Planning and Development discussed the request for specific speciality
commercial uses; referred to the present Prestige Industrial zoning allowing a limited range of
service commercial uses; and recommended Council further consider an upper limit of 6400 square
feet for the commercial use.
His Worship Mayor Thomson received a negative response to his request for comments ffoln
persons, other than the applicant or his agent, in support of the application, and received a po.sitive
response from persons opposed to the application.
Mr. Ralph Blamonte indicated that he was opposed to the proposed application and referred
to Council's decision on February 14, 1994 to deny his Application AM-26/92.
Mr. Stewart Branscorabe referred to the City's new Official Plan which indicated the sin:plus
lands were shown as Commercial and indicated that a heavy commercial use such as a restaurant was
not required. Mr. Branscombe indicated that a sport shop tenant requested the area because of the
location,
- 5-
Since no further conunents were forthcoming, His Worship Mayor Thomson declared the Public
Meeting with regard to Application AM-09/94 closed.
ORDERED on the motion of Aideman err, seconded by Alderman Cowan, that the correspondence
be received and filed. Carried Unanimously.
ORDERED on the motion of Alderman Puttick, seconded by Alderman err, that the report be
received and adopted. Carried Unanimonslv.
PD-94-56 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; A1VI-
08/94, 5171 River Road; Chandelier Tourist Ledge; F & A Sheppard. The report recommends
that Council deny the Zoning Amendment Application to permit the number of tourist rooms in the
Chandelier Tourist Lodge to be doubled from four to eight.
-AND-
Communication No. 112 - The Regional Municipality of Niagara. The communication advises
as having no objection to the zoning by-law amendment.
Communication No. 113 - Niagara Peninsula Conservation Authority. The communication
advises as having no objection to the application.
Communication No. 114 - Davis J. Daley, on behalf of his mother who resides at 4337 Otter
St. The communication indicates opposition to the expansion of the residence at 5171 River Road
application.
His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be
followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in accordance to
Regulations on March 11, 1994.
His Worship Mayor Thomson received indication that Mr. Frank Sheppard, who was the
applicant was in attendance and received a negative response to his request for a show of hands by
persons present who were interested in the application. He requested that all persons wishing to
receive further notice of the passage of the by-law- submit their names and addresses to the Clerk
prior to leaving the meeting.
The Director of Planning and Development referred to the subject property with the assistance
of posted sketches and reviewed the following information included in Technical Report No. PD-94-
48; Proposal; Nature of the Amendment; Background; the River Road Study and Official elan;
Zoning; Compatibility; Landscaping; Parking and the Public Notification Process.
His Worship Mayor Thomson received a positive response to his request for connnents from
persons, other than the applicant or his agent, in support of the application, and received a positive
response from persons oppos.ed to the application.
Nancy Chase advised that she was in support of the application because it would provide more
jobs and requested that Council approve the application.
The Director of Planning and Development advised that when tourist homes exceed the 4 units
limit, they are considered commercial development and should be located in commercial areas.
Mr. Mark Eillott, 4325 Otter Street expressed concerns with regard to the obstruction of light
from the proposed building and the excessive tourist traffic in the area.
,..6
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- 7 -
Mr. Frank Sheppard advised that the application was for an upgraded Bed and Breakfast and
provided a brief summary of the events leading to the application. Mr. Sheppard indicated that all
site plans, building regulations and parking areas have been approved by the City and that the room
restriction in the byelaw was the only outstanding restriction and requested Council's support of the
application.
Mr. Shoppard responded to concerns regarding screening, adequate parking and upgraded
facilities.
Ms. Pat Melesh, 5069 River Road, discussed the issue of the 4-unit Bed and Breakfast and
the brief two month period of the tourist season.
Ms. Anna Marie Boby, 4305 Simcoe Street, inquired whether the zoning amendment byqaw
would effect Bed and Breakfast establishments with 4 or less units.
Since no further conrelents were forthcoming, Mayor Wayne Thomson declared the Public
Meeting with regard to Application AM-08/94 closed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Germann, that the
correspondence be received and filed. Carried Unanimously.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Germann, to approve the
application of four additional units. The motion Carried with Aldermen Cowan, Orr and Susin voting
contrary to the motion and with all others voting in fayour.
MISCELLANEOUS PLANNINGMATTERS
PD-94-55 - Chief Administrative Officer - Re: Proposed Plan of Subdivision Part Twp Lot 188;
West Side of Drummond Road. The report recommends the following:
1. That the Director of Planning and Development continue to process the application for the
proposed subdivision;
2. That a subsequent report be prepared for Council's consideration based on the information
received from various agencies, City departments and the public.
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Communication No. 115 - Marsulex Inc. The communication indicates opposition to the proposal.
Communicati6n No. 116 - Cyro Canada Inc. The communication advises that Council defeat the
proposed amendment.
Communication No. 117 - Pamela Fenwick. The communication expresses opposition to the
proposal..
Communication No. 118 - Ministry of Environment and Energy. The communication provides
comments and indicates that the concerns outlined must be satisfactorily addressed.
Communication No. 119 - Niagara Peninsula Conservation Authority. The communication
advises that based on their tupographical information, that the subject property is not affected by any
of the agency's current policies or programs. It further advises that the subject lands may be affected
by the Class 3 Provincially Significant Wetland, Niagara Falls Woodlot #1 and that the comments
of the local Ministry of Natural Resources should be considered.
His Worship Mayor Thomson stated that the purpose of the report was to inform members of
Council and the public that an application was being considered for a subdivision located along the
north side of Old field Road and west of Drummond Road.
His Worship Mayor Thomson advised that the public meeting was being held to provide the
developer an opportunity to inform Council and the public about the proposal and to receive public
input and that if any concerns were raised, amy would be addressed where possible, through the
appropriate stage of the subdivision process.
His Worship Mayor Thomson received indication that Mr. Dennis Landry, Plamring Consultant,
representing Drummond Oldfield Developments Inc. , was in attendance.
Mr. Dennis Landry, Planning Consultant, Upper Canada Consultants, advised that the
proposal was to provide for a draft plan of subdivision containing 99 semi-detached lots and 146
single family dwelling lots; and indicated that an amendment to the Official Plan and to the zoning
by-law would be required as tile proposal was currently designated industrial and light industrial.
Mr. Landry referred to n~eetings held with the residents to obtain their input respecting the
proposal; discussed the use of accoustical barriers; the concerns of residents regarding trespassing;
the location of the park block; referred to sanitary sewers and municipal water services; the
upgrading of existing roadways. Mr. Landry referred to concerns from the Ministry of the
Environment regarding noise; the minimum separation distance between proposed residences and tile
existing industrial uses; referred to co~nments of the existing industries regarding potential
encroaching residential uses.
Discussions ensued respecting the use of sulphuric acid in tile area and the inclusion of a clause
in an Offer to Purchase acknowledging this fact.
Mr. Landry introduced Mr. John Coulter, John Coulter & Associates, who provided a brief
summary of areas identified in the noise study; discussed the use of berms and fencing to absorb the
noise.
Mr. John Navarroli, 7552 Merrit Ave. discussed the concerns of the Fern Park Concerned
Citizens Association regarding the cutting down of trees and advised that the Greening and Planning
Committee was implementing changes that would protect woodlots in the area; stated he was in
fayour of the existing proposal and discussed concerns regarding trespassing and berming.
Mr. 'George Simpson, Marsulex expressed opposition to the proposal because of the handling
of hazardous material in the area; and advised the proposal could jeopardize the potential
development and expansion in the area.
ORDERED on the motion of Alderman Cutamings, seconded by Alderman Hendershot, thai the
correspondence be received and filed. Carried Unanimously.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report
be received and adopted. The motion Carried with Aldermen Janvary and Susin voting contrary to
the motion and with all others voting in favour.
His Worship Mayor Thomson permitted Alderman Norm Puttick to retire from the meeting.
PD-94-54 - Chief Administrative Officer - Re: Earth Day, Arbor Week & Environment Week.
The report recommends the following:
1. That Council proclaim Earth Day as April 22, 1994; Arbor Week as April 30 to May, 8, 1994;
and Environment Week as June 5 to June 11, 1994.
2. That the proclamations be placed in the local newspaper to encourage public participati6n,.
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ORDERED on the motion of Alderman Janvary, seconded by Alderman Cuam~ings, that the report
be received and adopted. Carried Unanimously.
See Resolution No. 27
See Resolution No. 28
See Resolution No. 29
REGULAR COUNCIL MEETING
DEPUTATIONS
Mrs. Glynnis Watsou was not in attendance to address Council.
Communication No. 124 - Kuluinder Waraich - Re: High Water Bill. The comnmnication
requests that a portion of the water bill be waived.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that the matter
be referred to the Municipal Works Co~mnittee. Carried Unanimously.
Communication No. 125 - Association of Municipalities of Ontario - Re: Large Urban SectiOn
Annual Meeting. The communication advises Council of a special n~eeting to be held on April 22,
1994 at the Manulife Centre in Toronto and requesting that at least one member of Council attend
the meeting.
ORDERED on the motiou of Alderman Hendershot, seconded by Alderman Cummings, that the
communication be received and filed for the i~fformation of Council. Carried Unanimously.
COMMUNICATIONS
Communication No. 120 - The Bethlehem Housing Project of Niagara - Re: Proclamation. The
communication requests Council declare the week of April 11 - 18, 1994 as "Bethlehem Place
Week
ORDERED on the motion of Alderman err, seconded by Alderman Hendershot, that the request be
supported. The motion Carried with Alderman Craitor voting contrary to the motion and with all
others voting in fayour.
Communication No. 121 - The Corporation of the City of Chatham - Re: Lap Dancing..The
communication requests Council endorse a resolution reflecting the community's displeasure and
opposition to such form of entertainment and to petition the Government of Canada to take the
appropriate action to amend the Criminal Code.
ORDERED on the motion of Alderman Cumutings, seconded by Alderman Fisher, that Ms. Linda
Corntier be permitted to address Council. Carried Unanimously.
Ms. Linda Cormier provided background information on the subject of lap dancing and her
involvement in the matter; and thanked Couucil for the opportunity to address the issue.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the matter be
deferred to the police department for comments on the matter, Carried Unanimously.
Communication No. 121 - Niagara Regional Police Force - Re: Strategic Planning. The
communication advises Council of a strategic plan which will provide a blueprint for Policing in the
Niagara Region and requests that if the municipality is interested in participating in such a forum,
that the municipality provide the name of an individual who would represent the city at the meeting.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, that Alderman
Cummings and His Worship Mayor Thomson be permitted to participate in the meetings. Carried
Unanimously.
Communication No. 122 - City of Woodstock - Re: Resolution. The communication asks that
Council support a resolution requesting the Province exempt non-profit Day Care Centres from
property taxes when occupying municipally-owned property or alternatively to provide grants in lieu
of taxes.
ORDERED on the motion 'of Alderman Cummings, seconded by Alderman Susin, that the
communication b~ received and filed. Carried Unanimously.
Communication No. 123 - Niagara Falls Concert Band - Re: Official Band Status. The
conununication requests that the Niagara Falls Concert Band be recognized as the Official band of
the City of Niagara Falls attd that the band be permitted to wear the Official Niagara Falls crest on
their jackets.
ORDERED on the motion of Alderman Susin, seconded by Alderman Craitor, that the request be
approved. Carried Unanimously.
REPORTS
FD-94-05 - Chief Administrative Officer - 9-1-1 Subscriber Billing. The report recoxnmends that
the report is for the information of Council.
ORDERED on the motion oF Alderman Cutinnings, seconded by Alderman Cowan, that the report
be received and filed for the information of Council. Carried Unanimously.
R-94-21 - Chairperson, Environmental Planning & Greening Committee ~ Re: Action from the
Environmental Planning & Greening Committee Meeting of March 16, 1994. The report
recommends that Council endorse the action from the Environmental Planning and Greening
Committee meeting of March 16, 1994.
ORDERED on the motion of Alderman Janvary, seconded by Aldemmn Susin, that the report be
received and filed for the information of Council. Carried Unanimously.
R-94-23 - Chief Administrative Officer - Re: Tender TR51-94 - For the Landscape Development
of Mount Carmel Park (Phase 2). The report recommends the following:
1. That the tender for the development of Mount Carmel Park (Phase 2) be awarded to StevensVille
Lawn Service of Stevensville, Ontario at the tendered cost of $100,341.39,
2. That the By-law appearing later on this evening's agenda authorizing an agreement with
Stevensville Lawn Service be approved.
ORDERED on the motiou of Alderman Craitor, seconded by Alderman Susin, that the report be
received and adopted. Carried Unanimously.
See By-law No. 94-95
RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
actions taken on the following matters by the Municipal Works Committee, earlier this evening, be
approved.
1. Adoption of Minutes of the March 28, 1994 meeting;
MW-94-45 - (i) Landfill Equipment Building; (ii) Niagara Falls' Blue Box Collection Costs vs
St. Catharines; (iii) Recycling of Old Corrugated Cardboard in Niagara Falls, N.Y. - that
Report MW-94-45 be received and filed for information; report be prepared identifying all Costs
for the past five years for recycling;
MW-94-66 - Roadrunner Rickshaw Proposal - Request for Reconsideration - that the Committee
reaffirm the previous decision to deny the operation of Rickshaws in the City of Niagara Falls,
and that the Roadrunner Rickshaws be so advised of this decision - In Favour - 8; opposed:
Aldermen Orr and Susin;
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4. Regional Public Works Agenda April 12, 1994 Matter - that the Municipal Works Committee
and Council endorse that the City support the Region's request for recousideration for funding
for the upgrading of the Niagara Falls Water Pollution Control Plant;
5. Concerns with Windows - that letters be sent to the appropriate groups requesting that store
front windows be kept clean and in order and that advertising for upcoming events he so posted
at those locations.
The motion Carried with Aldermen Orr and Susin opposed to the motion respecting Report MW-94-
66, and with all others voting in favour.
F-94-16 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends that
the accounts totalling $93,602.18 for the period ending April 4, 1994, and the accounts totalling
$49,887.42 for the period ending April 11, 1994, be approved by the passing of the by-laws
appearing later on the agenda.
Further information was requested on Cheque Nos. 201517 and 201562.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Craitor, that the report be
· received and adopted. Carried Unanimously.
See By-law No. 94-96
See By-law No. 94-97
RATIFICATION OF FINANCE COMIVIITTEE ACTIONS
ORDERED on the motion of Alderman Cunm~ings, seconded by Alderman Craitor, that the actions
taken on the following matters by the Finance Commiuee, earlier this evening, be approved.
1. Adoption of the Minutes of March 28, 1994 Finance Committee meeting;
2. FC-94-14 - Loan Statement - To receive for information Report FC-94-14;
3. FC-94-15 - Tax Balances at March 31, 1994 - To receive for information Report FC-94q5;
4. CD-94-17 - Bingo Waiting List - To receive for information Report CD-94-17;
BLMC Proposal - No Smoking Campaign - to ask Mr. Peter Bowen, President of the firm
BLMC, to attend the next meting of the Finance Commi~ee to inform the Committee of the
proposed "No Smoking Campaign";
MW~94-63 - Residential Construction Rebate Program - to table Report MW-94-63, Residential
Construction Rebate Program for one week to have the following concerns addressed: 1) more
details are required on how the Mill Rate Stabilization Fund would be replenished if it was used
to fund the proposed robate program; 2) Is a rebate of $2,500 a significant deciding Ihctor in
the purebase of a home in the $299,000 range; 3) Will the rebate be considered by Revenue
Canada as a taxable benefit - 6 in fayour and 5 opposed.
The motion Carried with 6 in fayour and 5 opposed to Report MW-94-63.
CD-94-16 - Chief Administrative Officer - Re: Special Occasion Permit; Royal Canadian LegiOn
Branch 396. The report recommends that Council indicate it has no objection to the issuance of a
Special Occasion Permit to the organization listed in this report.
ORDERED on the motion of Alderman Cmnmings, seconded by Alderman Janvary, that the report
be received and adopted. The motion Carried with Alderman Susin abstainbig from the vote on a
conflict of interest previously noted and with all others voting in favour.
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RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Atdennan Cowan, that the actioos
taken on the following matters by Committee of the Whole, earlier this evening, be approved.
1. That the City agree to guarantee a $200,000 mortgage by the Kingsbridge Theatre Inc. for the
purchase of the Seneca Theatre located on Queen Street subject to three conditions; a) that a
valid written appraisal of the property be provided; b) that a vatid business plan be submitted
to the City; and c) that $50,000 worth of renovations be reviewed and approved by the Chief
Building Official before they are carried out;
2. That the City authorize an encroachment agreement or an indemnity agreement for the existing
encroacinnent at the corner of Oneida Lane and Clifton Hill for the sale of the Pilgrim Hotel.
Carried Unanimously.
RESOLUTIONS
NO. 27 - JANVARY - SUSIN - WHEREAS the City of Niagara Falls encourages the beautificati0n
of the City by the use of trees; AND WHEREAS Arbor Week will stimulate interest in aud
knowledge of trees; AND WHEREAS the City of Niagara Falls encourages the planting, preservation
and conservation of trees; NOW THEREFORE BE IT RESOLVED that by and with the approval
of the Council of our City of Niagara Falls, the week of April 30 to May 8, 1994 is hereby
proclaimed as "Arbor Week" in the City of Niagara Falls;
AND the Seal of the Corporation be hereto affixed·
NO, 28 - JANVARY - SUSIN - WHEREAS the Council of the City of Niagara Falls, on the
eleventh day of April, 1994, agreed that June 5 to June 11, 1994 be designated as Environment
Week in the City of Niagara .Falls; AND WHEREAS Environment Week will stimulate interest in
and knowledge of the environment; WHEREAS the City of Niagara Falls encourages local residents,
schools and industries to participate in any activities planned for Environment Week; NOW
THEREFORE BE IT RESOLVED that by and with the approval of the Council of our City of
Niagara Falls, the week of June 5 to June II, 1994 is hereby proclaimed as "Environment Week"
in the City of Niagara Falls;
AND the Seal of the Corporation be hereto affixed. Carried Unanimously
NO. 29; JANVARY - SUSIN - WItEHEAS that the Council of the City of Niagara Falls, on the'
eleventh day of April 1994, agreed that April 22, 1994 be designated as Earth Day 1994 in the City
of Niagara Falls; WHEREAS more than twenty years ago, millions of people joined together on
Earth Day to express an unprecedented concern for the environment and their collective action
resulted in the passage of sweeping laws to protect our air, our water, and the lands around ns;
WHEREAS the City of Niagara Falls has long supported environmental protection and natural
' resource management programs and policies; WHEREAS public concern about protecting the Earth
is rapidly increasing as new scientific information about environmental threats such as global
warming, ozone depletion, acid rain, air pollution and more becomes available; WHEREAS the
public is encouraged to participate in any events planned for Earth Day 1994 by local envirotunental
groups; NOW THEREFORE BE IT RESOLVED that by and with the approval of the Council of
our City of Niagara Falls, the day of April 22, 1994 is hereby proclaimed as "Earth Day 1994" in
the City of Niagara Falls;
AND the Seal of the Corporation be hereto affixed.
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BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that leave
be granted to introduce the following by-taws, and the by-laws he read the first time:
94-93 A by-law to amend By-law No. 1538, 1958, as amended, of the former Township 9f
Crowland, now in the City of Niagara Fails. (Report PD-94-51)
94-94 A by-law to authorize the execution of an agreement with 1057733 Ontario Limited
and others respecting "The Casey Street Condominium" subdivision. (PD-92-120,
September 14/92)
94-95 A by-law to authorize the execution of an agreement with Stevensville Lawn Service
Inc. respecting the second phase of Mount Carmel Park.
94-96 A by-law to authorize monies for General Purposes (April 4, 1994).
94-97 A by-law to authorize monies for General Purposes (April l 1, 1994).
Carried Unanimously.
The City Solicitor responded to questions on By-law No. 94-94 respecting providing
notification to the tenants and advised the Solicitor for the Numbered Company would be requested
to notify the tenants and that the matter would be confirmed in writing.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
following by-laws be now read a second and third time:
94-93 A by-law to amend By-law No. 1538, 1958, as amended, of the former Township of
Crowland, now in the City of Niagara Falls. (Report PD-94-51)
94-94 A by-law to authorize the execution of an agreement with 1057733 Ontario Limited
and others respecting 'lThe Casey Street Condominium" subdivision. (PD-92-120,
September 14/92)
94-95 A by-law to authorize the execution of an agreement with Stevensville Lawn Service
Inc, respecting the second phase of Mount Carmel Park.
94-96 A by-law to authorize monies for General Purposes (April 4, 1994).
94-97 A by-law to authorize monies for General Purposes (April 11, 1994).
Carried Unanimously.
NEW BUSINESS - '
Letter of Condolence
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that a letter
of condolence be forwarded to the family of the late William (Bill) Sootheran. Carried Unanimously.
Blossom Festival
Alderman Pat Cmnmings advised members of Council that a Blossom Festival media event,
sponsored through Niagara Promotions would be held on Tuesday, April 12, 1994 at the Casa
D'Oro.
Donatio_ _n
Alderman Gary Hendershot advised that he was in receipt of a cheque from the Niagara
· District Labour Council in the amount of $100.00 for Canada Day events.
Empty Gas Station properties
Alderman Gary Heude~shot referred to an issue respecting empty gas station properties,. and
requested further information regarding the acceptable standards for cleauing up those properties.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cuounings, that a reply
be provided from the Planning Department with respect to what are "acceptable standards" regarding
gas station properties. Carried Unanimously.
His Worship Mayor Thomson informed that a survey regarding those properties has been
performed and that through the Province, vacant gas station properties could be turned into parklike
settings.
Fair Exchanue Rates
Alderman Kim Craitor referred to the current exchange rates and requested that local
businesses provide fair and equitable exchange rates to the tourists.
Parkland
Alderman Margaret G~rmano referred to comments from a concerned citizen residing on
Chorozy Street indicating that the park located near the area was quite a distance away.
The Director of Community Services responded that there was the possibility of a proposed
joint school project which would provide an opportunity to develop the parkland.
Letter of Condolence
ORDERED on the motion of Alderman Germano, seconded by Alderman Cummings, that a letter
of condolence be forwarded to the family of the late George Edward Corkcry. Carried Unanimousl .
Factor Forms Niagara Ltd.
Alderman Shirley Fisher thanked His Worship Mayor Thomson, Aldermen Craitor and Sherat
for attending the "Changing of the Keys" event at Factor Forms on Monday, April 4, 1994 and that
a letter of congratulations be forwarded to the individuals involved at Factor Forms for their
commitment in keeping a business in Niagara Fails.
Alderman Pat Cummi/~gs advised that the Economic Development Department should be
complemented on their efforts in assisting in the matter.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Germano, that a letter of
congratulations be forwarded to Factor Forms on their recent grand opening of Factor Forms Niagara
Ltd. Carried Unanimously.
Prolect S.H.A.R.E.
His Worship Mayor Thomson referred to the Easter Week End Project Share Food Drive and
advised that only 63% of their goal was achieved,
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ORDERED on the motion of Alderman Craitor, seconded by Alderman Germano, that Council show
their support by bringing calmed goods to the next Council meeting. Carried Unanimously.
Willoughby Historical Society
ORDERED on the motion of Alderman Fisher, seconded by Alderman Susin, that a letter of th.anks
· be forwarded to Mr. Jack Marshall, Chairman, Willoughby Historical Society for all his hard work
and dedication to the Willoughby Historical Society. Carried Unanimously.
Market Value Assessment
His Worship Mayor Thomson advised that the issue of putting Market Value Assessment on
a Regional basis would be discussed at Regional Headquarters on April 21, 1994 at 7:30 p.m. and
urged everyone to attend to make their presence known and provide their support.
Canada Remembers
His Worship Mayor Thomson referred to the launching of Canada Remembers, Canada's
national and international program to commemorate the 50th anniversary of events that ended the
Second World War.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Susin, that the matter be
referred to the Civic Co~mnittee. Carried Unanimously.
Via Rail Cutbacks
Mayor Thomson referred to the Via Rail cutbacks and the actions by the Mayors of the various
municipalities to carry a deputation to the government opposing Via Rail cutbacks.
Respect for Life Proclamation
His Worship Mayor Thomson referred to an article in the Niagara Falls Review respecting a
"Respect for Life" proclamation; and correspondence received from Kimberley Gunning-Lovelace
and Emilie Fowler expressing concern and condemnation of Couneil's decision to declare the week
of May 8-15, 1994 as Respect for Life Week.
Mrs. Khnberley Gunning-Lovelace, 4482 John Street, indicated that "Campaign Life" was
an anti-abgrtion group and expressed concerns regarding Council's decision on the matter.
His Worship Mayor Thomson advised Mrs. Gunning-Lovelace that Council did not fred the
wording in the proclamation offensive and had based their decision on that fact. He further advised
that her comments were out of line and very condenming to Council.
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ORDERED on the ~notion of Alderman Hendershot, seconded by Alderman Cununings, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
THIRTEENTH MEETING
COMMITTEE OF THE WHOLE
Co~mnittee Room #2
April 18, 1994
Council ~net on Monday, April 18, 1994 at 6:30 p.m. in Co~nmittee of the Whole. All
members of Council, were present. Alderman Kim Craitor presided as Chaimmn.
FOllowing consideration of the items presented, the Conunittee of the Whole did not rise to
report.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
REGULAR COUNCIL MEETING
Council Chambers
April 18, 1994
Council met on Monday, April 18, 1994 at 7:30 p.m. for the purpose of considering Regular
Council Business. All members of Council, were present. His Worship Mayor Wayne Thomson
presided as Chairman. Alderman Ward offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Fermino Stysin requested that the Minutes of the Regular Council meeting of April
11, 1994, under Report CD-94-16, indicate that he had abstained from vote on a conflict of interest.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the Minutes
of the Planning meeting of April 11, 1994 be adopted as mended. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Aldermen Hendershot and Janvary indicated a pecuniary interest on Report F-94-17, Cheque
No. M90095 because the recipient is their employer.
Alderman Susin indicated a pecuniary interest on Report MW-94-68, because his mother
resides in the area.
Alderman Ward indicated a pecuniary interest on Report F-94-17, Cheque No. 201642
because he is a shareholder in the company.
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DEPUTATIONS
Major Pee Wee Hockey Club
Mr. Steve Hollett, Major Pee Wee Hockey Club introduced Scott Taylor, Captain of the
team, who presented a plaque in appreciation of the City's support, to His Worship Mayor Thomson
on behalf of the Major Pee Wee Hockey Club.
His Worship Mayor Thomson congratulated the team on their win and thanked them for being
good ambassadors on behalf of the City of Niagara Falls.
Seizure Alert Companion Dog Association
Alderman Bruce Cowan provided information regarding the Seizure Alert Companion Dog
Association; indicated the purpose of the Association was to educate the public and to train dogs to
assist people who suffer from epilepsy. Alderman Cowan introduced Pauline Clark who was in
attendance with her seizure alert dog, Luke who was trained to respond to different situations which
could arise in the event of an epileptic seizure.
Alderman Cowan advised these were working dogs and requested they be excluded from the
licensing requirements.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that a by-law be
prepared to exempt seizure alert companion dogs from licensing requirements. The motion Carried
with Alderman Cowan abstaining from the vote on a conflict of interest, because he is employed by
the Humane Society and with all others voting in favour.
1993 Annual Report - Land Division Committee
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the 1993
Annual Report - Land Division Committee, Regional Municipality of Niagara, be received and
Carried Unanimously. filed.
Niagara A~ainst Drunk Driving (NADD)
Ms. Katherine Morrick, Secretary/Treasurer advised that the organization provides
educational material and counselling for victims, survivors; victim's families and impaired drivers;
· establishes educational programs designed to increase the awareness of the problems of impaired
driving and alternatives to the dnwng mapaired; stated that drunk driving costs society millions of
dollars annually in court time, rehabilitation, lost earnings, and health care; and referred to the
establishment of a program for repeat offenders in the near future. Ms. Morrick invited everyone
to the Second Annual "Arrive Alive, Drive Sober" kickoff program to be held on May 24, 1994 at
the Pen Centre; and referredto a "Children's Day" event, to be held April 271h to May 1st, 1994
at Niagara Square where information and materials would be supplied to the public. Ms. Morrick
thanked members for the opportunity to address Council.
His Worship Mayor Thomson thanked Ms. Morrick for her excellent. presentation.
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UNFINISHED BUSINESS
CS-94-04 - Chief Administrative Officer - Re: Residential Construction Job Creation Rebate
Program. The report recommends that Council approve a rebate of $2,500 to purchasers of first 120
new homes which results in the construction of a new house with a total purchase price of $299,000
or less; that the rebate is payable at the time of closing of house sale (only homes for which building
permit applications were submitted after approval of Rebate Program will qualify); that rebates be
funded from the Mill Rate Stabilization Special Purpose Reserve.
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Communication No. 126 - Petition headed by Nan Doan. The petition expresses opposition t.o the
use of tax money to finance the proposed rebate on houses in Niagara Falls.
His Worship Mayor Thomson received indication that Mr. Bill Walters, Chairman, Builders
Liaison Committee wished to address Council.
Mr. Bill Waiters, informed that Mr. George Snyder, Jr. was also in attendance and
remarked that the purpose of the meeting was to finalize a much needed boost for the building
industry; to put people back to work; and to increase the tax base in the city. Mr. Waiters referred
to similar program introduced in Thorold and requested that Council approve the program to a
maximum amount of $300,000 to be paid out in $2,500 increments to purchasers of a new homes.
Mr. Waiters introduced Mr. Willie Lowen, a self-employed brick layer, who indicated the
need to work and requested consideration to get the industry back on its feet.
Discussion ensued regarding following concerns: where would the $2,500 rebate come from;
the cutting of services and the condition of roads due to recessionary times; and whether the $2,000
was considered a rebate or a grant.
The Director of Finance advised that the program was to be financed from the mill rate
stabilization fund and he indicated the new construction that would result from the incentive prog. ram
would replenish the reserve through the tax base.
The City Solicitor informed that the $2,500 was a grant which would be authorized to the
purchasers and not to the builders.
Mr. Waiters provided information on the eligibility for the rebate and the specific conditions
required in order to qualify.
There being no further discussion, it was ORDERED on the motion of Alderman Fisher,
seconded by Alderman Germano, that Council approve the $300,000 to fund the grants; with a
$2,500 allotment per house on a limited time basis and further, that a progress report be provided.
by staff periodically regarding the program. The motion was Defeated with the following vote:
AYE: Aldermen Craitor, Fisher, Germano, Janvary and Susin.
NAYE: Aldermen Cowan, Cummings, Hendershot, Orr, Puttick, Sherat and Ward.
COMMUNICATIONS
Communication No. 127 - Town of Fort Erie, Clerk's Office - Re: Waste Managem. ent
Feasibility Study. The communication provides information regarding the waste management
feasibility study for Regional Municipality of Niagara.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
communication be received and filed for the information of Council. Carried Unanimously.
...4
Communication No. 128 - Regional Niagara, Office of the Clerk - Re: Installation of Rubber
Crossing System on Morrison Street and Dorchester Road. The communication provides
information regarding the installation of a rubber crossing system at Morrison Street mid Dorchester
Road at the level CN Rail crossings.
ORDERED on the motion of Alderman Sherat, seconded by Alderman Cowan, that the
cormnunication be received and filed for the information of Council. Carried Unanimously.
Communication No. 129 - Social Planning Council of Niagara Fal/s - Re: Operation Lookout
Program. The communication provides information regarding the program and its implementatiQn
and requests Council endorse the Operation Lookout Program.
ORDERED on the motion of Alderman Cunnnings, seconded by Alderman Craitor, that Council
endorse the concept of the Operation Lookout program and its implementation in Niagara Falls.
Carried Unanimously.
Communication No. 130 - Parks and Recreation Department - Re: Mountain Road Land fill Site,
· End Use Master Plan Steering Committee. The communication requests Council appoint a CoUncil
member to the Steering Committee and provides input for the final greenspace design.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that
Alderman Fermino Susin be appointed to the Mountain Road Landfill Site, End Use Master Plan
Steering Committee. Carried Unanimously.
Communication No. 131 - Niagara Falls Volunteer Bureau - Re: Proclamation. The
communication requests Council proclahn the week of April 17 - 23, 1994 as "National Volunteer
Week" in Niagara Falls.
ORDERED on the motion of Alderman Germano, seconded by Alderman Cummings, that the
request be approved subject to established policy. Carried Unanimously.
REPORTS
MW-94-64 - Chief Administrative Officer - Re: William's Subdivision. The report recommends
the following:
1. That the attached Tri-Party Consulting Servicing Agreement for hiring Upper Canada
Consultants to design the Subdivision Services and external sewer outlets be approved;
2. That the by-law appearing later on in tonight's Agenda authorizing execution of the Agreement
be appro.ved;
3. That the City's portion. of the Consulting Services Fee for this project be paid from the
Development Charges Fund (City Portion $20,000).
Council.His Worship Mayor Thomson received indication that Mr. Lon Robertson wished to address
Mr. Lon Robertson advised that through discussions with the consulting engineerS, he had
received only a preliminary explanation and that no concrete information had been given regarding
the effects of the proposal in the area. ·
The Chief Administrative Officer advised that the proposal was no; going to take place for
some time and stated that proposal presented to Council this evening Would not jeopardize Mr.
Robertson's position.
The Director of Municipal Works advised that the passing of the by~law was for design
· services only and that the development or any other development proceeding in Chippawa would be
addressed through the CH2M Hill Engineering Ltd. report.
...5
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that Mr. Peter Ray
be permitted to address Council. Carried Unanimously.
Mr. Peter Ray addressed concerns regarding sewage flows and the reduction in existing
extraneous flows in Chippawn. Mr. Ray requested Council consider tile existing problems and carry
forth the engineering studies required to do that; suggested staff are coming forth with stated
reductions without substantiating them and moving ahead with new development.
Mr. Stewart Branscombe indicated that the application was only a coutract allowing the
Engineers to commence tile design services for the development.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that the report be
received and adopted. The motion Carried with Alderman Susin voting coutrary to the motion and
with all others voting in favour.
See By-law No. 94-98
MV~-94-65 - Chief Administrative Officer - Re: Municipal Works Department; Building
Division, Report for March 1994. The report recommends that this report be received and filed.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be
received and adopted. Carried Unanimously.
MVq-94-67 - Chief Administrative Officer - Re: Quotation 3-94, Parking Meter Housings,
Accessories, and Installation. The report recommends that the low bidder, J.J. MacKay Canada
Ltd. be accepted and that the by-law appearing on tonight's agenda, be passed awarding'this
quotation.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be
received and adopted. Carried Unanimously.
See By-law No. 94-99
MVq-94-68 - Chief Administrative Officer - Re: Canada/Ontario Infrastructural Works Program
Application. The report recommends that Council approve the applications that will be made under
the Canada/Ontario Infrastructural Works Program for the Parks and Recreation and Municipal
Works Departments.
Alderman Norm Puttick requested that a report be provided with regard to the Hydro Bridge
at Dorchester Road, south of McLeod Road.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
report be received and adopted. The motion Carried with Alderman Susin abstaining from the vote '
on a conflict of interest previously noted and with all others voting in favour.
MVq-94-69 - Chief Administrative Officer - Re: W-5-2 Channel Design. TIle report recommends
that the City retain the Firm of Philips Planning & Engineering Limited as the Consultant to
undertake the W-5-2 Channel Design at a cost not to exceed $125,000 and that a future byelaw be
approved.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the report
be received and adopted. Carried Unanhnously.
PD-94-59 - Chief Administrative Officer - Re: Development Approvals of Testamentary Devise
Parcels. The report recommends the following:
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1. That Council select one of the options set out in PD-94-20 as a means of addressing undersized
Testamentary Devise parcels;
2. That Council approve the procedure outlined in Appendix I of Report Pd-94-20 for addressing
building permit requests on Testamentary Devise parcels which comply with by-law provisions.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that Mr.
Leonard Walker, be permitted to address Council. Carried Unanimously.
Mr. Leonard Walker, Solicitor discussed the issue of testamentary devise and indicated that
the Provincial government had ruled that the system of dividing up land was not a method that was
dealt with in the Planning Act and that as a consequence of the legal lot creations, there Were
problems with respect to zoning. Mr. Walker indicated that different areas of the City had different
zoning considerations; discussed concerns regarding lots froriling road allowances and which could
be developed.
Mr. Walker requeste~ Council consider a fourth alternative to the proposed recommendations
in the report and consider a by-law that would prevent the application of the present zoning by-law
and exempt the properties from the present zoning.
The Director of Planning & Development advised that the matter regarding testamentary
devise had been dealt with "by exception" regarding lots willed to family members exclusively at the
Council meeting of April 11, 1994. He informed that the fourth recommendation would negate the
people that are for developing a consistent set of standards; and negate the planning principles of
reducing lots that have been created.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Germano, that the matter
be deferred and that a special meeting be set up with appropriate staff and all the individuals involved
to discuss the matter. The motion Carried with Alderman Craitor voting contrary to the motion and
with all others voting in fayour.
PD-94-60 - Chief Administrative Officer - Re: Proposed Plan of Subdivision; AM-5/94,
Willinm's Subdivision Plan 2; River Realty Development 0976) Inc. The report recommends the
following:
1. That Municipal staff continue to process the application for the above proposed subdivision;
2. That a subsequent Planning Report be prepared for the consideration of Council based on
information received from various agencies, City Departments and the public.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
report be received and adopted. Carried Unanimously.
R-94-24 - Chairperson, Recreation Commission - Parks & Athletic Fields Schedules. The report
recommends that the attached schedules for special events and regular use of parks, athletic fields,
and school grounds be approved by City Council.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the repgrt be
received and adopted. Carried Unanimously.
F-94-17 - Chief Administrative Officer - Municipal Accounts. The report recommends that the
accounts totalling $9,706,041.83 for the period ending April 18, 1994, be approved by the passing
of the by-law appearing later on the agenda.
Additional information was provided oil Cheque Nos. M90101; M90099; 201628; M90104;
M90120; and 201604.
-7 -
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that die report be
received and adopted. The motion Carried with Alderman Susin voting contrary to Cheque 'No.
M90095; Aldermen Hendershot and Janvary abstaining from the vote on couflicts of interest
previously noted; and Alderman Ward abstaining from die vote on a conflict of interest previously
noted and with all others voting in favour.
See By-law No. 94-100
RATIFICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cununings, seconded by Alderman Hendershot, that die
actions taken on the following matters by the Finance Committee, earlier this evening, be approved.
1. Adoption of the Minutes of April 11, 1994 Finance Committee meeting;
2. Report MW-94-70 - Recycling Costs Update - that the information contained in Report MW-94-
70 be received and filed for information;
Report CD-94-18 - Voter Notification System - to authorize the purchase of the Voter
Notification System from Bull Municipal Solutions Group with the cost to be covered from the
Election Reserve Fund.
Carried Unanimously.
RESOLUTIONS
NO. 30 - JANVARY - GER1VIANO - BE IT RESOLVED THAT the Region be requested to
implement no changes to signalized intersections in the City of Niagara Falls without having
complete dialogue with staff, and further, that an opportunity be provided for Council's input.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
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 the first time:
94-98
A by-law to authorize the execution of a Consultant's Agreement with River Realty
Development (1976) Inc. and Upper Canada Planning & Engineering Consultants Ltd.
operating as Upper Canada Construction respecting the design of municipal services for
William's Subdivision.
: 94-99
A by-law to authorize 'the execution of an agreement with J.J. Mackay Canada Limited
respecting parking meter housings and accessories.
94-100 A by-law to authorize monies for General Purposes (April 18, 1994).
The motion Carried with Aldermen Orr and Susin voting contrary to By-law No. 94-98; Alderman
Hendershot, Janvary and Ward abstaining from the vote on By-law No. 94-100 on conflicts of
interest previously noted and with all others voting in fayour.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that the following
by-laws be now read a second and third time:
...8
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94-98
A by-law to authorize the execution of a Consultant's Agreement with River Realty
Development (1976) Inc. and Upper Canada Planning & Engineering Consultants Ltd.
. operating as Upper Canada Construction respecting the design of municipal services for
William's Subdivision.
94-99
A by-law to authorize the execution of an agreement with J.J. Mackay Canada Limited
respecting parking meter housings and accessories.
94-100 A by-law to authorize monies for General Purposes (April 18, 1994).
The motion Carried with Aldermen Orr and Susin voting contrary to By-law No. 94-98; Alderman
Hendershot, Janvary and WOrd abstaining from the vote on By-law No. 94-100 on conflicts of
interest previously noted and with all others voting in fayour.
NEW BUSINESS
Proiect Share
Mayor Thomson thanked members of Council for their donations of canned goods to Project
Share.
Y.M.C.A. Aquathon
Alderman Gary Hendershot referred to Y.M.C.A. of Niagara Falls, who, in conjunction with
the Niagara Falls "Y" Penguins Swim Team will be holding their annual "Aquathon" from April 25
through April 30, 1994 and challenging Mayor Thomson to swimming a few lengths in support of
the fundraiser.
Visitor & Convention Bureau
Alderman Bruce Ward referred to the Visitor & Convention Bureau washroom accessibility and
requested that staff investigate the matter and prepare a report.
Niagara Falls Minor Hockey
Alderman Kim Craitor referred to his attendance at the Minor Hockey Banquet as the City's
representative; advised the Niagara Falls Minor Hockey team had attended the All Ontario
Championships and requested that the team and the Coach AI Boone be recognized for their efforts
at a future Council meeting.
Alderman Craitor advised that their Annual meeting will be held on April 24, 1994 at the Jack
Bell Arena at I o'clock. _
Girls Hockey Association
Alderman Kim Craitor referred to his attendance at the Girls Hockey Association event in
Chippawa which had been spgnsored by Canadian Tire Acceptance; the Chippawa Lions Club, the
Stamford Centre Firemen's Association; the Knights of Columbus and the Labour Council, and
requested that a letter of appreciation be forwarded to Richard Haile, Glen MacKenzie, Ken Eastman
and Sandy Hall for all their efforts in the event.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Ger~nano, that a letter of
appreciation be forwarded to Richard Hale, Glen MacKenzie, Ken East~nan and Sandy Hall for all
their efforts. Carried Unanimously.
..:9
-9 -
Road Conditions
Alderman Puttick referred to the road conditions at Highway 420 and Victoria Avenue and
requested that the Director of Municipal Works look into the matter.
Alderman Susin referred to the road conditions at the industrial subdivision south of Stanley
Avenue and requested that the Director of Municipal Works look into the matter.
Signalked Intersections
Mayor Thomson advised that the Region was investigating the necessity of existing signalized
intersections, and referred to the intersection at Bridge Street and 4th Avenue being suggested that
it be a 4-Way Stop.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Germano, that the Region
be requested that no changes be implemented to signalized intersections in the City of Niagara Falls
without having complete dialogue with staff and further that an opportunity be provided for Council's
input. Carried Unanimously.
Market Value Assessment
Mayor Thomson advised that Market Value Assessment discussions would be held at Regional
Council Headquarters on April 21, 1994 at 7:30 p.m. and encouraged everyone to attend and provide
their support.
Letter of Condolence
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that a letter
of condolence be forwarded to the family of Joe Gruninger, on the recent loss of his father. Carried
Unanimously.
100th Birthdav Celebration
Alderman Shetar referred to birthday celebrations held at Oakwood Manor for Mrs. Margaret
McKay on the occasion of her 100th birthday.
ORDERED on the motion of Alderman Cununings, seconded by Alderman Orr, that the meeting be
adjourned. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
FOURTEENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
April 25, |994
Council met on Monday, April 25, 1994 at 7:00 p.m. in Committee of the Whole. All
members of Council, with the exception of Alderman Puttick, who was on vacation, were present.
Alderman Brace Ward presided as Chairman.
Following consideration of file items presented, the Cominittee of the Whole did not arise to
report.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
REGULAR COUNCIL MEETING
Council Chambers
April 25, 1994
Council met on Monday, April 25, 1994 at 7:30 p.m. for the purpose of considering Regular
Council Business. All members of Council, with the exception of Alderman Puttick, who was on
vacation, were present. His Worship Mayor Wayne Thomson presided as Chairman. Alderman
Hendershot offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Fermino Susin requested that the Minutes of the Regular Council meeting of April
18, 1994,.page 5 be amended to reflect his conflict of interest on Report MW-94-68.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
Minutes of the Regular meeting of April 18, 1994 be adopted as amended. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Craitor indicated a pecuniary interest on Report F-94-18, Cheque No. 201892,
because he sits on the Board as a volunteer member.
Aldermen Hendershot and Janvary indicated pecuniary interests on Report F-94-18, Cheque
No. 201869, because the recipient is their employer.
Alderman Cowan indicated a pecuniary interest on Report F-94~18, Cheque Nos. 201738 and
201862, because the recipient is his employer.
-2 -
DEPUTATIONS
Prior to dealing with Regular Council matters, it was ORDERED on the motion of Alderman
Cummings, seconded by Alderman Fisher, that Mr. Brian Merrill, Regional Chairman be permitted
to address Council. Carried Unanimously.
Brian Merritt, Regional Chairman referred to existing signalized intersections, specifically
Bridge Street and 4th Avenue and discussions regarding alternate actions to be taken such as 4-Way
Stops. He indicated that upon further review, a report was being submitted to the Regional Public
Works Committee on April 26, 1994 recommending the need for a waffle light in the vicinity of
Bridge Street and 4th Avenue. Mr. Merrill referred to concerns expressed regarding the Stanley
Avenue Reconstruction and advised the matter was being considered as part of the Region's
Infrastructure Program and that work should proceed this Fall.
His Worship Mayor Thomson thanked Mr. Merritt for his attendance and the efforts he had
put forward regarding Market Value Assessment.
Mulfinle Sclerosis Society of Canada
Belinda Yorke, Multiple Sclerosis Society of Canada, Niagara Chapter presented the
Multiple Sclerosis Society of Canada flag to His Worship Mayor Thomson and requested that the
month of May, 1994 be declared as "Multiple Sclerosis Month" and that the flag be flown during
the month of May at City llall.
His Worship Mayor Thomson thanked Ms. Yorke for her attendance at Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the month
of May, 1994 be declared "Multiple Sclerosis Month" and that the flag be flown during the month
of May at City Hall. Carried Unanimously.
*****
Economic Development Advisory Board
Bob Watson, Chairman referred to the Economic Development Department's Vision
Statement and Goals and reviewed the new Board members comprising of Mr. Rick Rathfelder;
Mr. David Demoe; Mr. George Waters; Mr. Bill Haskin; Aldermen Cummings, Fisher and
Ward; Mr. Ed Lustig and Mayor Thomson and requested that Council adopt the Economic
Development Statement and Goals and also that the appoinUnents of the Economic Development
Advisory Group remain in place until the end of 1995.
ORDERED on the motion of' Alderman Cummings, seconded by Alderman Fisher, that the Vision
Statement and Goals for the Economic Development Department be adopted and that the
appointments of the Economic Development Advisory Group remain in place until
Carried Unanimously. the end of 1995.
Nlaeara Falls Labonr Council
James Whyte, Niagara Falls Labour Council referred to the number of yearly accidents
and occupationally related diseases which seriously injure, permanently disable or cost workers their
lives and requested that Council proclaim April 28, 1994 as au "Annual Day of Mourning" in
recognition of workers killed, injured
or disabled on the job and that the flag in front of City Hall
be lowered at half mast for that day.
- 3 -
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
April 28, 1994 be proclaimed as an "Annual Day of Mourning" and that the flag in front of City
' Hall be lowered at half mast for that day. Carried Unanimously.
COMMUNICATIONS
Communication No. 132 - The Ontario Historical Society - Re: Conference. The communication
provides information regarding the Ontario Historical Society's 106th Annual Conference to take
place May 13 and 14, 1994 in Hamilton.
ORDERED on the motion of Alderman Cmmnings, seconded by Alderman Hendershot, that tile
communication be received and filed for the information of Council. Carried Unanimously.
Communication No. 133 - Mrs. Milly Stephenson - 6416 Sheldon St. - Re: Clean up of area
near Thorold Road West and Queen Elizabeth Highway. The communication expresses concerns
regarding overgrown bushes and litter at the side of the roads; tile condition of the roads and
suggesting that volunteer groups be organized for Earth Week and attempt to clean up this area and
other areas in the City.
ORDERED on the motion of Alderman Cmmnings, seconded by Alderman Hendershot, that the
matter be referred to ~be Region and further that a report be brought back from staff. Carried
Unanimously.
Communication No. 134 - James D. Pedder, 6432 Carolyn Ave. - Re: Water Meter. The
communication requests that a water meter be installed at his residence.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susfu, that the matter
be referred to the Water Users Group. Carried Unanimously.
Communication No. 135 - Niagara Region Musicians Association - Re: Sponsorship. The
communication requests Council's assistance in sponsoring a Niagara-based band called the L M T
Connection, with their airfare expenses to China.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the matter be
referred to the Arts & Culture Commission. Carried Unanimously.
Communication No. 136 - Niagara District Airport Commission - Re: Niagara District Airport.
The communication provides an update on the transfer of the Niagara District Airport from Transport
Canada to a local airport authority.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
Chief Administrative officer forward a letter to the Member of Parliament, the Minister of Transport
expressing concerns regarding the cancellation of all airport transfers and further that a meeting be
arranged with the four effected Mayors and tile Ministry of Transportation. Carried Unanimously.
See Resolution No. 32
REPORTS
M'vV-94-73 - Chief Administrative Officer - Re: Contract 94-06, Tender for Supply of Materials
and Services for Pavement Markings. The report recommends that the low bidder, 463051 Ontario
Limited, o/a Terrio Road Markings, be accepted and that the by-law appearing on tonight's agenda,
be passed awarding this contract.
ORDERED on the motion of Alderman Susin, seconded by Alderman err, that the report be
received and adopted. Carried Unanimously.
See By-law No.' 94-105
...4
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MI¥-94-74 - Chief Administrative Officer - Re: Contract 94-04, 1994 Asphalt Patching. The
report recommends that the unit prices submitted by the low tenderer, Econmny Paving Company
Ltd. be accepted for the above contract and the authorizing byqaw be passed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the report
be received and adopted. Carried Unanimously.
See By-law No. 94-104
See Resolution No. 31
RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that the actions
taken on the following matters by the Municipal Works Conanittee, earlier this evening, be
approved.
Adoption of Minutes of the April 11, 1994 as mended;
MIV-94-77 - Sidewalk Cafe on Queen Street at My Country Dell, Pilot Installation - that
authorization be granted to the establishment of a Sidewalk Cafe on the Queen Street Road
Allowance in front of My Country Dell, on a trial basis for 1994 subject to a) the Necessary
Agreement; and b) review of the detailed design by the Site Plan Technical Committee and
that investigation be carried out with respect to how people confined to wheel chairs could
be accommodated; and that the design coincide with the trees at this location;
MI,V-94-75 - High Water Consumption; 4089 Portage Road - that Mrs. Waraich receive a
$150 reduction on her existing Water Account Bill and that the monitoring of the meter by
staff be carried out to determine if the meter produces "normal" readings. - In Fayour - 6;
Opposed - 5;
MVq-94-76 - Contract 91-113 - Mewburn Road Watermain Contract Agreement Amendment
that the matter be ratified as a result of a Committee of the Whole session;
See By-law No. 94:103
M3V-94-78 - Update on Mewburn Road Bridge at CN Rail Crossing - that the information
contained in Report MW-94-78 be received and filed for information;
Information Items
Coryespondence entitled "Public Information Centre for Rainbow Bridge Plaza and Area
Traffic Planning Study" - that the item be received and flied for information;
Correspondence entitled "Portage Road Crossing CN Rail MI. 2988 Stamford Subdivision
in the City of Niagara Falls Class Environmental Assessment - Notice of Completion" - that
this matter be received and fried for information;
"Waste Reduction News" - that the item be received and filed for information; .
Wffi0ughby Volunteer Fire Department - that the charges by the City be waived pertaining
to road closures, barricades, etc. for the parade to be held on June 18, 1994 by the Willoughby
Volunteer Fire Department.
Inquiry/Request from Kirby~s House of Interiors - that the request would be co-ordi~iated
through the Niagara Fails Chamber of Commerce (of which Alderman Craitor was a Member)
since many other small businesses could then be involved in discussion on this matter;
- 5 -
Request from the Niagara Falls Badminton and Tennis Club - that City staff provide
assistance to the Niagara. Falls Badminton club by helping witlx proposed excavation works and
providing the lighting (if available) needed for rifts project;
Dorchester Road Ditches - that removal of the Dorchester Road Ditches be carried out as
quickly as possible and be slated as one of the first projects to be carried out.
The motion Carried with Alderman Cunnniogs opposed to Report MW-94-75; and Alderman Orr
opposed to the Minutes as amended and with all others voting in favour.
PD-94-61 - Chief Administrative Officer - Re: Niagara Escarpment Plan 5-Year Review -
Comments on Proposed Revisions. The report recommends that Council adopt the findings of this
report and forward a copy of the report to the Minister of Enviromnent and Energy for
consideration.
ORDERED on the motioo of Alderman Fisher, seconded by Alderman Craitor, that the report be
received and adopted. Carried Unanimously.
CS-94-05 - Chairperson, Ontario Winter Games Committee - Re: 1995 Ontario Winter Games.
The report reconunend~ that staff be authorized to enter into an Agreement with The Gaylord Group
Ltd. to provide a corporate sponsorship program for the Ontario Winter Games Committee.
ORDERED on the motion of Alderman Heodershot, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimously.
ITR-94-06 - Chief Administrative Officer - Re: Christmas Holidays. The report reconunends that
Council declare the following paid holidays: Christmas Day to be observed on Monday, December
26, 1994; Boxing Day to be observed on Tuesday, Decelnber 27, 1994 and New Year's Day to be
observed on Monday, January 2, 1995.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the report be
received and adopted. Carried Unanimously.
F-94-18 -Chief Administrative Officer - Municipal Accounts. The report recommends that the
accounts totalling $805,788.77 for the period ending April 25, 1994, be approved by the passing of
the by-law appearing later on the agenda.
Additional information was provided on Cheque No. 201746.
The Director of Municipal Works was to provide further information on Cheque No. 201748
to Alderman Susin.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the report
be received and adopted. The motion Carried with Aldermen Cowan, Craitor, Hendershot, and
Janvary abstaining from the vote on conflicts of interest previously noted and with all others voting
in favour.
See By-law No. 94-107
RATIFICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the actions
taken on the following matters by the Finance Committee, earlier this evening, be approved.
1. Adoption of the Minutes of the April 18, 1994 Finance Committee meeting as recorded;
...6
-6 -
FC-94-16 - 1994 Computerization Purchases - that the proposed 1994 computerization
purchases as oudined in Report FC-94-16 be approved - Aldermen Orr and Susin opposed to
the motion;
- That the Computer Services Conunittee investigate prices of adding City Council to the
information system network for the purpose of assisting Council with the reduction of paperwork
and allowing Council to access public information off the system. A report was requested w/thin
the next four months which would include the cost of the implementation and cost savings..
3. Financial Request from the International Air Cadet Exchange - that the request from the Air
Cadet League of Canada be referred to the Recreation Commission in order to obtain further
details on the International Air Cadet Exchange.
The motion Carried with Aldermen Oft and Susin voting contrary to the motion on report FC-94-16
and with all others voting in favour.
CD-94-19 - Chief Administrative Officer - Re: AM~4/94, Restricted Area By-lmv 94-79; South
side of Weinbrenner Road and West Side of Willoughby Drive; Proposed Subdivision Plan -
Willlares Subdivision. The report recommends that Council reaffirm its approval of By-law 94-79
in order that the Clerk may notify the Ontario Municipal Board of this, at the same time as he
forwards the By-law and letter of objection to the Board with the request for a Hearing.
-AND-
Communication No. 137 - Mr. V.F. Muratori, Solicitor, Sullivan, Mahoney. The communication
provides comments on behalf of the applicant, River Realty Development (1976) Inc. regarding an
appeal from the planning firm of Hynde & Paul on behalf of the appellant DiGiorgio against approval
of Zoning By-law No. 94-79.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
communication be received and filed. Carried Unanimously.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report be
received and adopted. Carri6d Unanimously.
CD-94-21 - Chief Administrative Officer - Re: Monte Carlo Events Policy. The report
recommends that Council rescind their policy respecting Multiple Day Monte Carlo Events.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that' the report
be deferred for two weeks and that a meeting be arranged with the charitable groups and consultants
at a Finan~ Committee meeting to discuss the matter. Carried Unanimously.
L-94-19 -' Chief Administrative Officer - Re: Sign By-law Amendments - Posters. The report
recommends that Council pass the by-law to amend the sign by-law to provide community bulletin
boards for the placement of posters.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the repo.rt be
· amended to change the location from Cummington Square (Chippawa) to Chippawa Willoughby
Memorial Arena. Carried Unanimously.
See By-law No. 94-102
L-94-20 - Chief Administrative Officer - Re: Hawkers & Pedlars Amending By-law. The report
recommends that Council pass the by-law amending the Hawkers and Pedlars' Schedule of the
Licensing Byqaw No. 76-102 to regulate those persons who are exetnpt by the Provincial statute
from obtaining a licenee; to permit not more than three persons at a specific location, and to prohibit
all hawkers and pedlars from locating within 200 metrns of an established business.
...7
- 7 -
ORDERED on the motion of Alderman Cowan, seconded by Alderman Cunnnings, that tile report
be received and adopted. Carried Unaninrouslv.
See By-law No. 94-101
L-94-22 - Chief Administrative Officer - Re: Retail Business Holidays Act. TIle report
recommends that the report be received for the information of Council.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Ward, that tile report be
received and filed. Carried Unanimously.
Following some discussion, it was ORDERED on the motion of Alderman Heudershot,
seconded by Alderman Fisher, that a letter be forwarded to the Province requesting tbat the Retail
Business Holidays Act be an~ended to provide file local Council rather than Regional Council tile
power to pass by-laws to permit businesses to remain open on certain holidays. Carried
Unanimously.
RESOLUTIONS
NO. 31 - HI~NDERSHOT - WARD -RESOLVED THAT the unit prices submitted by the low
tendeter, Economy Paving Company Ltd. for Contract 94-04 - Asphalt patching, at file low tendered
amount of $205,675.00, be accepted.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO. 32 - CUMMINGS - HENDERSHOT - WHEREAS negotiations between the Niagara District
Airport Commission and Transport Canada bad been making progress towards a June, 1994 transfer
of the airport to the local airport authority and of the lands to the Town of Niagara-on-the-Lake;
AND WHEREAS the Minister of Transport has frozen all airport transfers pending a review of the
existing airport transfer policy; AND WHEREAS any additional delay will cause further
deterioration of airport infrastructure which will jeopardize the implementation of recommendations
contained in the Niagara District Airport Master Plan; AND WHEREAS there is no question that
delays in airport improvements will have a negative impact to Niagara businesses and the Niagara
Region; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the City
of Niagara Falls expresses their concerns to file Minister of Transport and support the Niagara
District Airport Commissionin their submissions to the Minister to reconsider his position and to
allow the transfer of the Niagara District Airport to local coutrol as this can have nothing but a
positive impact on the area economy.
AND the Seal of the Corporation be hemto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that leave
be granted to introduce the following by-laws, and the by-laws be read the first time:
94-101
A by-law to ranend Schedule 13 of By-law No. 76-102, as amended, being a Schedule in
respect of the issuance of licences for hawkers and pedlars.
94-102 A by-law to amend By-law No. 6661, as amended, being a by-law in respect of signs.
94-103
A by-law to authorize the execution of an agreement with Niagara Excavating &
Construction Inc. respecting the watermain on Mewburn Road.
94-104
A by-law to authorize the execution of an agreement with Economy Paving Company (St.
Catharines) Li~nited for asphalt patching.
I
- 8 -
94-10S
A by-law to authorize the execution of an agreement with 463051 Ontario Limited
operating as Terrio Road Marking respecting for pavement markings.
94-106 A by-law to authorize the execution of an agreement to extend a contract of employment.
94-107 A by-law to authorize monies for General Purposes (April 25, 1994).
The motion Carried with Aldermen Cowan, Craltor, Hendershot and Janvary abstaining from the
vote on By-law No. 94-107 and with all others voting in fayour.
ORDERED on the motion of Alderman Cmnmings, seconded by Alderman Hendershot, that the
following by-laws be now read a second and third time:
94-101 A by-law to amend Schedule 13 of By-law No. 76-102, as amended, being a Schedule in
respect of the issuance of licences tbr hawkers and pedlars.
94-102 A by-law to amend By-law No. 6661, as mended, being a by-law in respect of signs.
94-103 A by-law to authorize the execution of an agreement with Niagara Excavating &
Construction Inc. respecting the watermain on Mewburn Road.
94-104 A by-law to authorize the execution of an agreement with Econoiny Paving Company. (St.
Catharines) Litnited for asphalt patching.
94-105 A by-law to authorize the execution of an agreement with 463051 Ontario Limited
operating as Terrio Road Marking respecting for pavement markings.
94-106 A byqaw to authorize the execution of an agreement to extend a contract of employment.
94~107 A by-law to authorize monies for General Purposes (April 25, 1994).
The motion Carried with Aldermen Cowan, Craitor, Hendershot and Janvary abstaining from the
vote on By-law No. 94-107 and with all others voting in fayour.
NEW BUSINESS
Gun Control
Alderman Margaret Germano referred to comments made by Toronto Police Commissioner,
Susan Eng} recommending that gun control be put into the hands of the municipalities.
ORDERED on the motion of Alderman Germano, seconded by Alderman Fisher, that a lette} be
forwarded by the Chief Administrative Officer to Justice Minister Allan Rock and Toronto Police
Commissioner, Susan Eng, expressing Council's opposition to the recommendation and indicating
that gun control is a Federal responsibility and shonid not be downloaded to the municipalities.
Carried Unanimously.
Council Meetings
ORDERED on the motion of Alderman Germano, seconded by Alderman Fisher, that the Summer
Council schedule be held every two weeks commencing May 9, 1994 until September, 1994.
Carried Unanimously. .
-9 -
Notice of Motion
Alderman Ed Shetar indicated that he wished to submit a Motion on May 16, 1994 with regard
to casino issue, but agreed to provide the Motion at the Council meeting of May 9, 1994.
· Girls Hockey Association
Alderman Kim Craitor advised that the Canadian Corps Ladies Auxiliary had also sponsored the
Girls Hockey Association.
Goods Exchange Days
Alderman Kim Craitor indicated that April 291h and April 30th, 1994 were "Goods Excbange
Days" in Niagara Falls and that the objective of the exchange days was to Reduce, Recycle and
Reuse, usable or repairable goods.
Market Value Assessment
Alderman Kim Craitor referred to the successful outcome of the Market Value Assessment and
the attendance and support of the residents and business conm~unity of Niagara Falls.
Fair Excham~e Rates
ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that staff prepare a
report regarding City policy on fair exchange rates. Carried Unanimously.
Alderman Gary Hendershot referred to a survey conducted by the St. Catharines Standard
regarding exchange rates being charged between 0%-25% and indicated that the survey would be
forwarded to the Visitor and Convention Bureau.
Plantino of Trees
Alderman Shirley Fisher thanked Alderman Paisley Janvary and the Environmental Planning and
Greening Committee for their participation in the planting of chestnut trees and the exchange of flags
with our American neighboars on the weekend.
Arbour Day Activities
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that a letter of
appreciation be forwarded to the local Scout Troops for their participatim~ in the Arbour Day
festivities and the planting of300red and white oak trees atJolm Allen park. Carried Unanimously.
- 10 -
ORDERED on the motion of Alderman Cunnnings, seconded by Alderman Hendershot, that the
meeting be adjourned. Carried Unanimously.
FIFTEENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
May 09, 1994
READ AND ADOPTED,
Council met on Monday, May 9, 1994 at 6:30 p.m. in Committee of the Whole.
. All members of Council were present. Alderman Gary Hendershot presided as Chairman.
Following consideration of the items presented, the Committee of the Whole arose
to report in open session.
MAYOR WAYNE THOMSON
READ AND ADOPTED,
MAYOR WAYNE THOMSON
Council Chambers
May 09, 1994
Council met on Monday, May 9, 1994 at 7:30p. m. for the purpose of considering
Planning Matters and Regular Business. All members of Council were present. His
Worship Mayor Thomson presided as Chairman. Alderman Cummings offered the
Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Hendershot and Janvary indicated a pecuniary on Report 1-94-19,
Cheque No. 202058, because the recipient is their employer.
Aldermen Cummings and Sherar indicated a pecuniary interest on Report 1-94-19,
Cheque No. 201962 because the recipient is Acres.
Alderman Cummings indicated a pecuniary interest on Report 1-94-19, Cheque No.
M90144, because his wife is employed by Niagara Promotions.
Alderman Susin indicated a pecuniary interest on By-law No. 94-122, because he
has performed work at the subdivision.
Alderman Ward indicated a pecuniary interest on Report PD-94-70; AM-20/93
(Revised) Mount Carme/ North Plan of Subdivision, because he owns property in the area;
and indicated a pecuniary interest on Report PD-94-72; OPA Application No. 203 (N.
Walker) because he has a business relationship.
Prior to dealing with Planning Matters, it was ORDERED on the motion of Alderman
Cowan, seconded by Alderman Orr, that Report PD-94-74; Pine Tree Village Mobile Home
Park be deferred to the June 13, 1994 Planning Meeting at'the request of th~ owner.
Carried Unanimously.
e#42
-2-
- 3 -
Y.M.C.A. A~iuathon Fundraiser
His Worship Mayor Thomson thanked members of Council for sponsoring him in
the Y.M.C.A. '~quathon" and advised that $1, 175. O0 had been raised.
Child Find Niagara Re,lion ChalTter - Annual Green Ribbon of Hope CamzTaiQn
His Worship Mayor Thomson referred to Council's Green Ribbons which were being
worn in recognition of the Annual Green Ribbon of Hope Campaign commemorating
National Missing Children's Day on May 25, 1994.
PRESENTATIONS
Sheraton Fallsview Hotel
His Worship Mayor Thomson, on behalf of the City of Niagara Falls, presented a
token of appreciation to Mr. Tony Zappitell/, President, Sheraton Fallsview Hotel and
Conference Centre, recipient of the AAA Four Diamond Award, for providing prestigious
accommodations for the Visitors to our community.
DEPUTATIONS
His Worship Mayor Thomson introduced Mr. Gary Pilliteri, M.P. who discussed his
involvement with the Finance Committee Task Force dealing with the issue of replacing
the Goods and Services Tax; referred to the Infrastructure Program and suggested that
· any municipal applications to the province dealing with the Infrastructure program be
submitted by September 30, 1994; responded to questions concerning the issue of a
casino in Niagara Fails and indicated that was dependent on the dec/s/on of Counc~ and
the citizens of Niagara Falls; replied to concerns regarding MP's pensions and responded
that pensions/n the private sector should also be looked into.
Mr. Pill/ted thanked members for the opportunity to address Council.
Casino in. NiaQara Falls
Mr. Dante Madnel/i introduced Mr. William P. Rutsay, Consultant, Coopers &
Lybrand, who reviewed the Ontario Casino Market and Economic Impact study and
provided information on the social and economic impacts of a casino; job creation; the
add/t/on of 5 m/I/ion visitors to Niagara Falls; discussed the issue of add/ct/ve, compulsive
behaviour; the potential for crime; provincial policing and funding. Mr. Rutsey responded
to concerns expressed regarding the estimates provided in the study and advised that
cunservative estimates are applied when studies are carried out.
Karen Sterne Pasco, indicated she was in support of a casino which would provide
benefits such as lower unemployment rates and provide economic renewal within the
community. She requested Council reaffirm its commitment to a casino/n Niagara Falls.
ee.3
Otto Roman, Concerned Citizen~ Committee, advised that a casino would not
boost tour/sin; would be a short-term solution to unemployment; expressed concerns
regarding the threat of organ/zeal crime, drugs and prostitution. Mr. Roman indicated that
- an alternative to kick-start the local economy could be the Gateway Project which was
proposed to have a multi-media tour/sin orientation centre and entertainment complex.
Mr. Roman requested that the residents of Niagara Falls be provided an opportunity
to vote on the casino issue through a referendum and presented petitions to the City
Clerk, expressing support of a referendum to put the issue of a gambling casino for
Niagara Falls on the ballot in the next municipal election, prior to any official introduction
of legalized casino gambling.
Judith McCarthy, Try Another Way Committee advised that she was opposed to
casinos.
George Waters indicated his support of a casino/n Niagara Falls. He stated a
casino would provide jobs through construction and real estate; provide benefits to the
city through a larger tax base; would be an incentive for visitors to remain in the city for
longer periods of time.
Rev. Daniel Scheffield, President, Nia3ara Falls Evangelical Ministerial Association,
Queensway Church, indicated his opposition to casinos and presented a brief submitted
by Rev. H. My/es Holmes expressing opposition to casino gambling in Ontario and the City
of Niagara Falls. Rev. Scheffield discussed concerns regarding the future community
atmosphere that children would be raised in; the dangers and problems of gambling
addict/on; the social and we/fare costs; the health problems associated with casino
gambling; advised that the Association supported the call for a referendum in the
community regarding the issue of casino gambling.
Rev. Scheffie/d thanked members for the opportunity to present their concerns to
Council.
Henry Muller indicated his support of a casino; stated that a casino would provide
employment in the citW encourage longer tourist stays; provide an opportunity for the
payment of taxes. Mr. Muller indicated the City had the infrastructure in p/ace and
requested that Council make their decision regarding the "once/n a/fiat/me opportunity"
for a casino in Niagara Falls. Mr. Muller recounted his experiences and know/edge of a
casino's impact on a small town in Connecticutt, U.S.A.
Glen Gandy, General Manager, Chamber of Commerce stated the Chamber of
Commerce at the Council meeting of June 8, 1992 indicated that "should the Province
dec/de to proceed with legalized gambling in Ontario, the Chamber of Commerce would
support Niagara Falls as a location"; discussed the establishment of a Gaming
Commission; reviewed the economic benefits and social costs associated with gambling;
informed that a casino would produce some direct revenue for the city and assured the
Chamber of Commerce supported the establishment of a casino in the city.
Nick Ricci, Oakes Inn indicated he was/n support of a casino in Niagara Falls;
advised of the need to create more attractions in Niagara Falls and that a casino would
be one more attraction and provide year-round jobs.
Stan Cormors stated he was in support of a casino and indicated a casino would
provide jobs w/thin the community through construction and the various service
industries; referred to the "seasonal" tourist business and the potent/a/of becoming a
"year-round" business, He stated that the issue of having a referendum was a costly and
time consuming method of governing and requested Council make their dec/s/On in the
best interests of the City.
-4 -
The City Clerk advised that to include the question on the municipal ballot during
a regular election would be a minimal cost, but ff the matter was brought forward
separately, the cost would be approximately $100,000,
Tony Zappite//~ Sheraton Fa//sview Note/, advised that he was/n support of'the
establishment of a casino; referred to Council's resolution of June 8, 1992 supporting a
casino in Niagara Fails; he advised tourism was the number one industry/n Niagara Fails
which pays over $35 m/i/ion/n property and business taxes; and indicated the need to
provide year-round jobs for the residents of Niagara Fails.
Chris Martin, 5-0 limousine Service, indicated his support for a casino in Niagara
Fails and stated the City of Niagara Fails should cast a positive vote for the government
generated casino; advised that a casino would stimulate the local economy and help
promote Niagara Fails on a nat/one//eve/and requested Council do what is best for the
moral fibre of the community.
Calvin Beresh, Solicitor expressed his opposition to a casino/n Niagara Falls;
informed that a casino would not be in the best interest of tourism or the residents Of
Niagara Fails. He advised a casino would cause moral and social deter/oration; expressed
concerns regarding compulsive addict/on and the need for additional policing; responded
to questions regarding charities and the control of lotteries and bingos and expressed
concern regarding a provincial government that would not be able to control the size of
such a venture. Mr. 8eresh suggested that a referendum would a/low the accurate, fu//
public input required for such a signif/cant issue.
AI/ster Fraser, Ch/ppawa stated he was/n opposition to a casino and expressed
concerns regarding the type of individuals who attend casinos; and indicated this was not
the type of industry wanted in Niagara Falls and requested that a referendum be placed
on the ballot.
David Davies, Director of Hospitality and Tour/st Centre, Niagara College advised
that the College had no mandate to be part/san on the matter of community choice/n
governmental dec/s/on making with respect to casino gaming and informed that should
a decision be made to proceed with a casino, the necessary expertise, curriculum and
professional training structure would be committed to gaming-related courses.
George Yerich Sr., Holiday Inn By the Falls, indicated he was in support of a
casino; discussed tour/sin as a form of entertainment and indicated that if the City wished
to stay competitive, to draw visitors and be prosperous, a casino was a necessary
component to be added to the tour/st environment as a form of entertainment.
John Pasma, Christ/an Reform Church, indicated his opposition to cadno gambling
at:d stated casino gambling would add to the problem of unemployment; would contribute
the social disintegration of soc/etW advised caslnos are not "family friend/y" and
requested that the citizens be permitted to have a say on the issue through a referendum.
William Rutsey responded to concerns regarding crime, compulsive gambling
behaviour; jobs and discussed the provision of provincial fund/rig for add/t/one/police
officers in Windsor.
Dante Mar/nell~ Solicitor indicated that the issue was whether there should be a
referendum regarding casino gambling on the municipal ballot; advised that/t was
Council's responsibility to be rational and make the right dec/s/on on behalf of the citizens
of Niagara Falls and requested Council vote against a resolution for a referendum. He
suggested that the issues regarding the type of casino, the operating policies, the split of
revenue and additional funds for policing can be negotiated with the provincial
government.
- 5-
Mr. Mar/nell/referred to and reviewed correspondence received from Dr. Ken Smith,
who had provided comments on the issue of a casino and the need to provide
employment to the community.
Mr. Mar/nell/thanked members for the opportunity to address Council.
It was moved by Alderman Hendershot, seconded by Alderman Cummings, that
approval be granted to proceed past 11:00 p.m. Carried UnanimousIv.
Judith McCarthy, Try Another Way Committee advised that a meeting was
scheduled with the Casino committee on May 19, 1994.
His Worship Mayor Thomson thanked all the part/c/pants who provided their input
and invited those in opposition to part/c/pate in the Mayor's Phone-In Program on
Wednesday, May 11, 1994 at 7:30 p, m. to have further debate on the issue.
UNFINISHED BUSINESS
Alderman Ed Sherat thanked all the participants in the casino debate and advised
that many citizens of Niagara Falls wished to have a referendum on the November 14,
1994 ballot regarding the casino issue.
Alderman Sherar requested that there be a recorded vote taken.
The City Clerk provided clarification that Rule 26 of the Procedural By-law indicated
that upon a d/vision of the Council, the names of those who vote for and those who vote
against the question shall be entered into the Minutes.
The City Solicitor advised that the Municipal Act states if a recorded vote/s
requested, that every member including the Mayor must announce his or her vote; and
if the vote/s not announced, it is counted as a negative vote.
ORDERED on the motion of Alderman Sherar, seconded by Alderman Susin, that the
question be placed on the municipal ballot in the November 14, 1994 election, "Do .you
want a casino in Niagara Fails? Yes or No.
There was a polling of Council at the request of Alderman Sherar for their recorded
vote.
The motion was Defeated with the following vote:
AYE: Aldermen Fisher, Orr, Sherar and Susin.
NA YE: Aldermen Cowan, Craitor, Cummings, Germano, Hendershot, Janvary, Puttick,
Ward and Mayor Thomson.
PLANNING MEETING
PD-94-65 ~ Chief Administrative Officer- Re: Zoning by-law Amendment Applioation AM-
11/94, 6733 Oakes Drive, Towettropolis Inc. The report recommends the following:
-6-
- 7 -
That Council approve the application to amend the Zoning By-law to permit the
establishment of pinball and electronic game machines as an ancillary use to the
permitted uses on the lands known as 6733 Oakes Drive;
2. That the owner dedfeate a daylighting triangle to the City at the corner of Oakes
Drive and Dunn Street prior to Council approving the amending by-law.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with the Regulations on April 8, 1994.
His Worship Mayor Thomson received indication that the applicant was in
attendance; and received a negative response to his request for a show of hands by
persons present who were interested in the application. He requested that all persons
wishing to receive further notice of the passage of the by-law submit their names and
addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development referred to the subject property ~vith
the assistance of posted sketches and reviewed the following information included in
Technical Report No. PD-94-62; Planning Review; Background; Nature of the Zone
Change; Compatibility; Licensing; and the Public Notification Process.
His Worship May~r Thomson received a negative response to his request for
comments from persons, other than the applicant or his agent, in support of the
application, and received a negative response from persons opposed to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM- 11/94 closed.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
PD-94-68 - Chief Administrative Officer- Re: Proposed Plan of Subdivision 26T-94001;
Zoning By-law Amendment Application; AM-5/94; W/l/lares Subdivision Plan 2; South of
We/nbrenner Rd., West of Willoughby Drive; River Realty Development (1976) Inc. 'The
report recommends the following:
I. That the Will/am's Subdivision Plan 2 be approved subject to the conditions attached
in Appendix I; '
2. That Council support the R 1E zoning;
3. That a copy of this report be forwarded to the Regional Niagara Planning and
Development Department as the City's comments on the Plan of Subdivision.
- AND -
Communication No. 137- Niagara Peninsula Conservation Authority. The communication
advises as having no objection to the proposal.
His Worship Mayor Thomson declared the Pubilc Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Not/ca of the Public Meeting had been g/van/n
accordance to Regulations on April 8, 1994.
eee7
His Worship Mayor Thomson received indication that Mr. Stewart Branscombe
was in attendance on behalf of the applicant; and received a positive response to his
request for a show of hands by persons present who were interested in the application.
He requested that all persons wishing to receive further notice of the passage of the by-
law submit their names and addresses to the Clerk prior to leaving the meeting.
The D/rector of Planning and Development referred to the subject property with
the assistance of posted sketches and reviewed the following information included in
Technical Report No. PD-94-64; Planning Review; Land Use; Lot Sizes; Servicing;
Parkland; Walkways; Nature of the Zone Change and the Public Notification Process.
His Worship Mayor Thomson received a negative response to his request for
comments from persons, other than the applicant or his agent, in support of the
application, and received a positive response from persons opposed to the application.
Mr. Ion Robertson referred to the wording of the report respecting the conditions
in Paragraph II/, Appendix (a) and indicated it was not explicit enough and requested that
the wording be expanded to include "that it does not contribute to a sewer overflow
problem in other areas of the v/I/age "; and referred to wording/n Section 5 of the report
to include "~2500 miniroam per lot or the application charge of the day should it be a
greater amount". 4;fr. Robertson requested that statements under Genera/Information/n
the Technical Report be amended to indicate he was present at the meeting of April 18th,
1994.
Mr. Stewart Branscombe advised that the changes in the wording were
acceptable.
The Manager of Parks and Recreation responded to concerns regarding tl~e
proposed walk way and advised there did no t seem to be adequate linkages be t wean green
spaces and the matter was under review.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-05/94 closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
correspondence be received and filed. Carried UnanimousIv.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted with amendments to the conditions as suggested by Mr.
Lon Robertson to expand the wording in Paragraph 3(a) to include, that it does not
contribute to a sewer overflow problem in other areas of the village; and wording in
Section 5 to include, that ~2500 minimum per lot or the application charge of the day
should it be a greater amount and further that the walkway extending from Manuela Drive
to the Canadian Niagara Power Company be deleted. The motion Carried with Alderman
Sherat voting contrary to the motion and with all others voting in favour.
See By-law No. 94-I 19
PD-94-70 - Chief Administrative Officer- Re: Zoning By-law Amendment Application; AM-
20/93 - Revised, Karen DeGiorgio; Mount Carreel North Plan of Subdivision. The report
recommends the following:
I. That the revised zoning amendment application be approved for the Mount, Carme/
North Plan of Subdivision;
2. That the amending by-law appearing in tonight's agenda be approved by Council.
- AND -
Communication No. 138 - The Regional Municipality of Niagara. The communication
advises as having no objection to the rezoning of the proposed subdivision.
-AND -
Communication No. 139 - The Niagara Peninsula Conservation Authority.
communication advises es having no objection to the proposal.
The
- AND -
Communication No. 140 - V/to lemmolo. The communication advises as being opposed
to any changes/n lot sizes/n Mount Carme/ because it would set a precedent for other
developers to ask for a change to smaller/ors.
- AND -
Communication No. 14 1 - Fred and Donna Reece. The communication advises as strohgty
objecting to the proposal to change the lot sizes to smaller m/n/mum frontages.
- AND -
Communication No. 142 - Regional Niagara, Planning & Development Department.
communication advises as having no object/on to the approval of the application.
The
- AND o
Communication No. 143 - The Regional Municipality of Niagara, Public Works
Department. The communication advises as having no object/on to the rezon/ng of the
subdivision; but indicates that due to present servicing constraints, the subdivision must
proceed in phases such that no more that the original number of approved lots occur until
such time as the capacity of Kalar Road Pumping Station is upgraded.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance to Regulations on April 15, 1994.
His Worship Mayor Thomson received indication that Mr. Brian Sinclair, Solicitor,
was in attendance and received a positive response to his request for a show of hands
by persons present who were interested in the application. He requested that all persons
wishing to receive further not/ca of the passage of the by-law submit their names and
addresses to the Clerk prior to leaving the meeting..
The D/rector of Planning and Development referred to the subject property with
the ass/stance of posted sketches and reviewed the following information included/n
Technical Report No. PD-94-53; Proposal; Nature of the Amendment; Planning Review;
Background; Physical Analysis; and the Public Not/f/cat/on Process.
His Worship Mayor Thomson received a negative response to his request for
comments from persons, other than the applicant or his agent,/n support of the
application, and received a positive response from persons opposed to the application.
Mr. Ray Bell, 8004 Westminister advised that he was opposed to the latest
revised proposal; expressed concerns regarding the reduction to property lots;/at
gradat/on and current market conditions.
Nick Zitano, 7880 Cati~edral Drive indicated he was opposed to the propo. sed
reduction in lot sizes.
Mr. Brlan Sinclair provided information regarding the proposed lot sizes and
advised that landscaping and building coverage had been maintained and requested that
Council cupport the application.
Barbara Weins, Hyde & Paul Consultants advised the application had been revised
to reflect the concerns of staff and the abutt/ng developer,' discussed low density
housing; housing setbacks; indicated that the application was compatible to the
surrounding ne/ghbourhood and to the City's New Off/c/a/Plan.
Since no further comments were forthcoming, Mayor Wayne Thomson declared
the Public Meeting with regard to Application AM-20/93 closed,
ORDERED on the motion of Alderman Orr, seconded by Alderman Hendershot, that the
correspondence be received and filed. Carried Unanimously.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hendershot, that the
report be received and adopted. The motion Carried with Alderman JanvarV voting
contrary to the mot/on; Alderman Ward abstaz~7ing from the vote on a conflict of interest
previously noted and with all others voting in favour.
See By-law No, 94-116
PD- 94-71 -Chief Administrative Officer- Re: Zoning By-law Amendment Application; ,.
AM-35/91 - Revised, Bible Baptist Church; 9764 Upper's Lane. The report recommends
the following:
1. That the revised zoning amendment application be approved to recognize the existing
day school as an additional ancillary use to the Bible Baptist Church;
2. That the amending bydaw appearing in tonight's agenda be approved by Council.
- AND -
Communication No. 144 - Regional Niagara, Planning & Development Department. 'The
communicat/on advises as having no objections to the proposal subject to the satisfaction
of the Regional Health Services Department regarding the ability of this site to
accommodate private water and septic sewage disposal systems for the proposed
expanded facilities.
- AND -
Communication No. 145 - Regional Public Works Department.
advises as having no object/on to the application.
The communication
-AND -
Communication No. 146- Niagara Peninsula Conservation Autl~ority. The communication
advises as having no objection to the application.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance to Regulations on April 8, 1994.
His Worship Mayor Thomson received indication that the applicant was/n
attendance; and received a positive response to his request for a show of hands by
persons present who were interested in the application. He requested that all persons
wishing to receive further notice of the passage of the by-law submit their names and
addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development referred to the subject property with
the assistance of posted sketches and reviewed the following informat/on included in
Technical Report No. PD-94-63; Nature of the Amendment; Planning Review; Official
Plan; Nature of the Zoning Amendment; Impact; Road Widening and the Public
Notification Process.
.,, I0
- 10-
-11-
His Worship Mayor Thomson received a positive response to his request for
comments from persons, other than the applicant or his agent, in support of the
application, and received a negative response from persons opposed to the application.
Since no further comments were forthcoming, Mayor Wayne Thomson declared
the Public Meeting with regard to Application AM-35/91 closed.
ORDERED on the motion of Alderman Germano, seconded by Alderman Puttick, that the
correspondence be received and filed. Carried Unanimously.
ORDERED on the motion of Alderman Germano, seconded by Alderman Puttick, that the
report be received and adopted. Carried Unanimously.
See By-law No. 94-120
See By-law No. 94-121
PD-94-72 - Chlef Administrative Officer- Re: Official Plan Amendment Application No.
203; St. David~ Development Corporation (N. Walker); Northwest corner of Mountain
Road & St. t~aul Avenue. The report recommends the following:
I. That Council support the application to amend the C/ty's Off/c/a/Plan to permit those
resident/a/development opportunities which currently exist on the westerly portion
of the/ands to be extended easterly over the entire site;
2. That the proposed amendment /nc/ude specific policies to ensure that a// of the /ands
are developed in a sensitive manner and that a high degree of integration and/and
use compatibility is achieved;
3. That approval of OPA No. 203 represents the first step in the planning approval
process. The design of streets, building heights and other specific matters can be ·
addressed in greater detail at the time of subdivision, zoning and site plan approval
- AND -
Communication No. 147 ~ Regional Niagara, Planning & Development Department. The
communication advises as having no objection to the proposed development.
-AND -
Communication No. 148 - Regional Public Works,Department. The communication
advises as having no object/on to the application.
- AND -
Communication No. 149- Niagara Escarpment Commission. The communication adv(ses
that the amendment/s located outside of the Niagara Escarpment P/an area and the
CommisSion does not foresee any potential /mpact on the Niagara Escarpment P/an area
and therefore, has no comments to offer.
- AND -
Communication No. 150- Niagara Peninsula Conservation Authority. The communication
expresses concerns regarding slope instability and eros/on problems in light of the
property's irregular terrain and indicates that prior to approval of the proposed
development and site design, the agency will require the submission of geotechnical
investigations examining long term slope stability,
- AND -
Communication No. 151 -John Broderick, Broderick, Mar/nell/, Amad/o, Sullivan & Rose.
The communication expresses concerns regarding the proposed road pattern on Schedule
2; and the 5-storey proposed building height.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance to Regulations by publication in the Niagara Falls Review and by mail to. the
agencies on the schedule to the affidavit on April 8, 1994.
His Worship Mayor Thomson received indication that Mr. Glen Barker, was in
attendance on behalf of the applicant; and raceNed a positive response to his request for
a show of hands by persons present who were interested in the application. He
requested that all persons wishing to receive further notice of the passage of the by-law
submit their names and addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development referred to the subject property with
the assistance of posted sketches and reviewed the following information included in
Technical Report No. PD-94-66; Proposal; Revised Development Concept; Native Burial
Ground (Ossuary); Road Pattern; Building Heights; and the Public Notification Process.
His Worship Mayor Thomson received a negative response to his request for
comments from pe. rsons, other than the applicant or his agent,/n support of the~
application, and received a positive response from persons opposed to the application.
Mr. John Broder/ck, Broderick, Mar/nell/, Amadio, Sullivan & Rose, referred to
correspondence expressing concerns of the residents in the area with regard to the
proposed road pattern being maintained and the proposed building heights.
Mr. Glen Barker advised that the applicant would redesign the subdivision to
accommodate the cul de sac; and would limit the building height south of the proposed
road to 4 storeys and north of the proposed road to 5 storeys. Mr. Barker indicated there
would be a public meeting held on June 13, 1994 to deal with the draft p/an of
subdivision,
Since no further comments were forthcoming, Mayor Wayne Thomson declared
the Public Meeting with regard to Official Plan Amendment Application No. 203 closed.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Susin, that the
correspondence be received and filed. Carried Unanimously.
ORDERED on the mot/on of Alderman Craitor, seconded by Alderman Susin, that the
report be received and adopted subject to concerns expressed/n Mr. John Broderick's
letter regarding road patterns and building heights. The motion Carried with Alderman
Ward abstaining from the vote on a conflict of interest previously noted and with all
others voting in favour.
MISCELLANEOUS PLANNING MATTERS
PD-94-69 - Chief Administrative Officer - Re: Site Plan Approval; Proposed Golf Driving
Range; E/S St. Paul AvenUe; Site Plan Control- 5PC-94-06. The report recommends the
following:
That Council approve the above subject Site Plan for a proposed golf driving range
pursuant to Section 41 of the Planning Act, comprising of the Site Plan being
drawing No. 91-049-51;
That Council pass the by-law on tonight's agenda that amends By-law 80-114
designating a f/re route for the above subject development proposal shown on the
attached plan and the display plan.
12- - 13-
ORDERED on the motion of AIderman Cummings, seconded by Alderman Craitor, that the
report be received and adopted. Carried UnanimousIv.
See By-law 94-124
PD-94- 76 - Chief Administrative Officer - Re: Proposed Decontamination of PCBs; Niagara
Falls Hydro Electric Commission; 7447 Pin Oak Drive. The report recommends the
folio wing:
I. That the Ministry of Environment and Energy be advised that there are no local
permits required respecting the application;
That the proponent, PPM Canada Inc. advise the Fire Chief, at least on day in
advance, of the actual commencemaRt of the decontaR7ination process as weft as
the route and time of day for transporting PCBs, and notify the Fire Chief of any
leak, spill, fire or explosion;
3. That the 30-day notification period be waived.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Cowan, that the
report be received and adopted. Carried Unanimously.
REGULAR COUNCIL MEETING
ADOPTION OF MINUTES
ORDERED on the motion of AIderman Cummings, seconded by AIderman Hendershot, that
the Minutes of the Regular Meeting of April 25, 1994 be adopted as printed. Carried
Unanimously,
Prior to .a~g ~th Counc~ Matte~, His Wo~h~ Mayor ~omson ~tro~ced and
we~omed RobeR I-Iookey and Stua~ McDona~ of me Niagara Falls Chron/c~ to Counc~
COMMUNICATIONS
Communication No. 152- City of Peterborough -Re: Commemorating Medal, Dieppe. The
communication asks Council support a resolution requesting the Minister of National
Defence and Veteran Affairs and the Secretary of State fVeterans) to give .serious
· consideration to the striking era medal commemorating Canada's sign/f/cant military 'role
in the Dieppe Raid, and that when such a medal is struck, that/t be issued to all of the
military personnel who participated in the Dieppe Raid.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the
request be supported. Carried Unan/mouslv.
Communication No. 153 - Margaret Harrington, MPP - Re: Council Attendance on May
30, 1994. The communication requests Council provide a list of questions and topics of
interest to be discussed at the May 30, 1994 Council meeting.
ORDERED on the mot/on of Alderman Cummings, seconded by Alderman Fisher, that the
commun/cation be rece/ved and f/led. Carr/ed Unan/mouslv.
Communication No. 154- Netta Mathleson, 302, 6563 Drummond Road-
Re: Resignation. The communication advises Council of her resignation from the Board
of the East Niagara Housing Authority,
ORDERED on the mot/on of Alderman Janvary, seconded by Alderman Cummings, that
the City reaffirm its previous action and request the Ministry of Housing to get on with
the business of appointing persons to fill vacancies occurring on the Board of the East
Niagara Housing Authority. Carried Unan/mous/v.
Communication No. 155 - Niagara Region Sexual Assault Centre - Re: Proclamation. The
communication requests that Council proclaim the month of May as "Sexual Awareness
Men th ".
ORDERED on the mot/on of Alderman Ward, seconded by Alderman Hendershot, that the
request be supported subject to established policy. Carded Unanimously.
REPORTS
MW-9zl-82 - Chief Administrative Officer - Re: Purchase of High Security Locks for
Parking Meter Housings, Yokes, and Collection Receptacles. The report recommends the
folio wing:
1. That approval be granted to purchase 550 National Keyset Locks, from R.D. Strickland;
2. That approval be granted to purchase 225 meter mounting yokes and 11 sealed
collection canisters from Electromega Ltd.
ORDERED on the motion 6f Alderman Ward, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimously.
MW-94-84 -Chairperson, Municipal Parking and Traffic Committee - Re: Municipal Parking
& Traffic Committee Recommendations - April 19, 1994 Meeting. The report
recommends the following:
MWo94-41 - Mal~le Street -V/ctoria Avenue to First Avenue - Parkin.q Review. That
parking be restricted on the north s/de of Maple Street from a point 34 metres west of
victoria Avenue to First Avenue, between the hours of 8 a.m. - 4:30 p.m. Monday
through Friday from September I to June 30, 1994;
MW-94-60 o Rollin~l Acres Drive at Cambridqe Street - All Way Stol7 Request. That an
all way stop control be installed at the intersection of Rolling Acres Drive and Cambridge
Street;
MW-94-61 -Hklhland Avenue at High Street Traffic Operations Review. That 1) a heavy
vehicle restrict/on be implemented on High/and Avenue between Frederica Street and
· Lundy's Lane; and 2) that an all way stop control be installed at the intersect/on of
Highland Avenue and High Street;
MW-94-62 - Sacred Heart School (Oliver Street) - Parking! Review. That 1) the existing
school bus loading zone adjacent to Sacred Heart School be reduced/n length by 13
metres; and 2) that fifteen (15) minute parking be allowed on the north side of Oliver
Street from a point 46 metres east of We/land Street to a point 104 metres east of
Welland Street; and 3) that additional studies be carried out following the revisions to the
parking restriction.
ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the
report be received and adopted. Carried Unanimously.
See By-law No. 94-108
See By-law No. 94-I09
- 15-
MW-94-85- Chief Administrative Officer- Re: Regional Tender 94-T-06 Granular
Materials. The report recommends that the Supply of Granular Materials listed/n the
report be awarded as outlined on the summary sheets.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimous/v,
2. That Davey Tree Expert Co. be retained for Liquid Soil Injection Fertilization of trees
at ~48.00 per hour and ~45.00 per hundred gallons of material
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the
report be received and adopted. Carried UnanimousIv.
MW-94-86 - Chief Administrative Officer - Re: Dust Control Quotation. The report
recommends that staff be authorized to purchase approximately 360 tonnes of Ternbind
at a cost of ~89.00 per tonne.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the
report be received and adopted. Carded UnanimousIv.
MW-94-89 - Chief Administrative Officer - Re: Contract 94-02; Sidewalk Repairs. The
report recommends that the unit prices submitted by the low tenderer, A/f/dome
Construct/on Ltd. be accepted for the above contract and the author/zing by-law be
passed.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cra/tor, that. the
report be received and adopted. Carried UnanimousIv.
See Bv-/aw No. 94-118
MW-94-90 - Chief Administrative Officer - Re: Program of Proposed Supplementary
Expenditures for Highway Improvements for the Year 1994; Ministry of Transportat/on,
Form MR-A-16. The report recommends that the Program of Proposed Supplementary
Expenditures for Highway Improvements for the year 1994; dated May g, 1994, be
adopted and presented/n the total estimated amount of $642,000 for supplementary
subsidy.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the
report be received and adopted. The motion .Carried with Alderman Susin abstaining from
the vote on a conflict of interest because a member of his family resides in the area and
with a// others voting/n favour.
See Resolution No. 33
MW-94-91 - Chief Administrative Officer - Re: Niagara Fails Purchasing Tender NP-O 1-94;
Supply of Bituminous Patching Materials & Asphalt Emulsions, The report recommends
· that the supply of materials listed/n the report be awarded as outlined on the attached
summary sheets.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
MW-94-92 - Chief Administrative Officer - Re: Tender NP-02-94 for the Supply of Ready
Mix Concrete. The report recommends that the supply of Ready Mix concrete be awarded
as outlined on the summary sheets.
ORDERED on the mot/on of Alderman Puttick, seconded by Alderman Craitor, that the
report be received and adopted. Carried UnanimousIv.
MW-94-94 - Chief Administrative Officer - Re: Tender #4-94, Tree Spraying (Inaect
ControlJ and Fertilization. The report recommends the following:
I. That Davey Tree Expert Co. be retalned at a cost of ~ 78.50 per hour for the spraying
of Gypsy Moth and other insect infestat/ons of trees;
MW-94-100 - Chief Administrative Officer- Re: Program of Proposed Expenditures for
Highway Improvements for the Year 1994; Ministry of Transportation, Form MR-A-16.
The report recommends that the Program of Proposed Expenditures for Highway
Improvements for the year 1994, dated May 9, 1994, be adopted as presented in the
total estimated amount of ~5, 724, 700 with an estimated subsidy of ~2,269,800.
ORDERED on the mot/on of Alderman Puttick, seconded by Alderman Cra/tor, that the
report be received and adopted. The motion Carried with Alderman Sus/n abstaining from
the vote on a conflict of interest because a member of his family resides in the area and
with all others voting in favour.
See Resolution No. 34
"' RA TIFICA T/ON OF MUNICIPAL WORKS COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that
the actions taken on the following matters by the Municipal Works Committee, earlier this
evening, be approved.
· 1. Minutes of the April 25, 1994 Municipal Works Committee meeting;
2. MW-94-71 - 1994 Tender for Supply of Tires, Tubes and Repair Service - City Fleet -
That the Tender for the Supply of Tires, Tubes and Repair Service submitted by
Demol's Tire Sales and Service Ltd. in the total amount of $26,248.32 be accepted;
3. MW-94-83 - Landfill Equipment Tenders - That authorization be granted to extend the
present Contract with Fernview Construct/on Ltd. for a craw/er type front-end loader
at the Landfill (which expires June 30, 1994) until December 31, 1994;
4. MW-94o98 - New Equipment Tenders - That I) the tender for 6 pickup trucks be
a warded to the Io w bidder, Neme th Lincoln Mercury for a to tel price of ~93, 909.00;
that 2) the tender for I -I0,000 G. V. W. dump truck be awarded to the low bidder,
:, Nemeth lincoln Mercury for a total price of ~31,099.45; that 3) the tender for I -
15,000 G. V.W. duml? truck be awarded to the low bidder, Nemeth Lincoln Mercury
for a total price of ~31,611.20; that 4) the tender for one (I) Hi-Cube van be
'~ awarded to the second low bidder, Paul Foy Pontiac Buick for a total price of
~ ~28,810.95; and that 5) the tender for 1-33,000 G. V. W. dump truck be awarded
.~ to Archers Truck Services Ltd. fore total price of ~92,394. 17;
5. MW-94-87 - City Roat - That staff be authorized to enter the City Float in ten
~ parades (inclusion of the Niagara Falls Santa Claus Parade) for a total estimated cost
of ~3,345.
MW-94-95 - Consultant Selection Process - that the City of Niagara Falls use Direct
Appdntment for Engineering and Surveying Services with fees up to ~50,000; and
for Studies and design servlces exceeding ~50,000 the Consultant is to be selected
as per the formal procedures as outlined in the Municipal Engineers
Association/Consulting Engineers of Ontario Manual with the City establishing the
budget figure to carry out the assignment and that approval be granted 'by.the
Committee for a one year trial basis - Alderman Bruce Cowan, Alderman Fermino
Sus/n and Alderman Gary Hendershot voted in opposition to the motion;
16-
MW-94-93 - Household Hazardous Waste Days Prices - that the appropriate contract
be prepared to provide that Hotz Environmental Services conduct two Household
Hazardous Waste Days for the City in 1994 - Alderman Pat Cummings and Alderman
Ed Sherar declared conflicts of interest (events taking place on Acres International
Parking Lot);
8.
MW-94-96- Rainbow Bridge Plaza Area Traffic/Planning Study - I) that the report
entitled: "Rainbow Bridge Plaza Area Traffic Planning Study" dated march 14, 1994
prepared by McCormick Rankin be received and filed; 2) that the recommendations
of the study as they re/ate to the City of Niagara Falls be endorsed; 3) that the
Ministry of Transportation be requested to/nit/ate, as soon as possible, the
Environmental Assessment Study for the long term improvements to Roberts
Streets/Falls Avenue from the Rainbow Bridge to Stanley Avenue; 4) that
authorization be granted for the City to initiate discussions on the formulations of a
proposal for a co-operative effort (including Bridge Commission, Parks Commission,
Rag/on, M. T. 0., and the City) on a comprehensive guide signing review in and around
the Study Area; 5) that the City indicate to the Niagara Falls Bridge Commission that
it is prepared to transfer to them the section of Bender Street between River Road
and Fails Avenue to accommodate the proposed Bridge Plaza Expansion subject to
reservation of easements for existing services and utilities.
The motion Carried with Aldermen Cowan, Susin and Hendershot voting contrary to the
mot/on on Report MW-94-95; Aldermen Cummings and Sherar abstaining from the vote
on Report MW-94-93 on conflicts of interest previously noted and with all others voting
in favour.
R-94-27 - Chief Administrative Officer - Re: 1994 Santa Claus Parade. The report
recommends that Wayne Bendo and the Niagara Falls Professional Firefighters Association
be authorized to organize the 1994 Santa Clause Parade.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the
report be received and adopted. Carried UnanimousIv.
R-94-28 - Chief Administrative Officer - Re: Display Advertising in Municipal Parks &
Arenas. The report recommends that Council approve the by-law appearing on tonight's
agenda author/zing staff to enter into an agreement with Geographix for the d/splay of
advertising in certain Municipal Parks and Arenas.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
report be received and adopted. Carried UnanimousIv.
See Bv-~w No. 94-125
R-94-29 - Chairman, Civic Committee - Re: 1995 Ontario Winter Games Update. The
report recommends that the information contained within this report be received and filed
for information.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and filed. Carried Unanimously.
The Chairman of the Civic Committee provided promotional sweat-shirts to members
of Council.
R-94-31 - Chief Administrative Officer - Re: Glass Extendon at Niagara Falls Memorial
Arena. The report recommends that Aimcon be awarded Tender #5-94 to supply and
install the tempered glass and dasher board retrofits at the Niagara Falls Memorial Arena
at a total cost of ~61,978.57, eubject to confirmation of funding approval for 2/3 of the
coat under the Federal/Provincial Infrastructure Program. ~
- 17-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
R-94-32 - Chief Administrative Officer - Re: Adopt-A-Street Program. The report
recommends that Council approve the by-law appearing later on this evening's agenda
authorizihg the City to enter into agreements with Volunteer Committees who take part
in the Adopt-A-Street-Program.
ORDERED on the motion of alderman Susin, seconded by Alderman Cummings, that the
report be received and adopted. Carried UnanimousIv.
See By-law No. 94-111
HR-94-07 - Chief Administrative Officer - Re: Employee Recognition Night. The report
recommends that Council authorize an Employee Recognition Night to be held on
November 5, 1994 and as well, an expenditure of ~2,500 towards operating costs.
ORDERED on the mot/on of Alderman Hendershot, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
F-94-19 - Chief Administrative Officer - Municipal Accounts. The report recommends that
the accounts totalling ~ 726, 119.49 for the period ending May 2, 1994, and the accounts
totalling ~ I, 540,252.53 for the period ending May 9, 1994, be approved by the passing
of the by-laws appearing later on the agenda.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. The motion Carried with Aldermen Cummings,
Hendershot, Janvary, and Shetar abstaining from the vote on conflicts of interest
previously noted and with all others voting in favour.
See BV-law No. 94-127
See By-law No. 94-'128
F-94-20 - Chief Administrative Officer - Re: Tender for Supply of Computer Purchases.
The report recommends that the tender for the Supply of Computer Equipment submitted
by the low tender Niagara' Computes of Niagara Falls, in the amount of ~ 102,266.05 be
accepted.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted and that the hard drive be increased to 240 mg at $69. O0
extra per unit. The motion Carried with Alderman Orr voting contrary to the vote and
with all others voting in favour.
RA TIFICA TION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
actions taken on the following matters by the Finance Committee, earlier this evening, be
approved.
I. Minutes of Finance Committee Meeting of April 25, 1994;
FC-94-17 - Visitor & Convention Bureau - that Report FC-94- I 7, be received for
information and. that staff continue to work with the Visitor and Convention Bureau
in order to gain further operational efficiencies.
18-
CD-94-23 - Monte Carlo Events Policy - to approve the revised policy for Monte Carlo
events. The revised policy is to be evaluated by the end of the calendar year with
input from the various groups who participate in the Monte Carlo events. Carried
UnanimousN.
CD-94-20 - Chief Administrative Officer - Re: Minutes of Planning Meeting of April 13,
I992. The report recommends that Council direct that the minutes of the April 13, 1992
Planning Meeting be amended to reflect the complete statement of the City Solicitor as
outlined in this Report.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
CD-94-22 - Chief Administrative Officer - Re: Association of Municipalities of Ontario
1994 Annual Conference. The report recommends the following:
1. That Council select their delegates to the 1994 Annual Conference of the
Association of Municipalities of Ontario;
2. That Council adopt the appropriate resolution designating their delegates as voting
delega tea.
It was indicated by His Worship Mayor Thomson, Aldermen Craitor, Hendershot and
Puttick that they would be interested in attending the Conference.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
L-94-21 - Chief Administrative Officer - Re: Obstruction By-law; File No. 92-B3-125. The
report recommends that Council pass the by-law to prohibit the obstructing, encumbering,
injuring or fouling of highways or bridges.
ORDERED on the mot/on Of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
See Bv-law No. 94-113
L-94-23 - Chief Administrative Officer - Re: Mitchelson Park "Home for Soccer".
ORDERED on the motion of AIderman Cummings, seconded by Alderman Cowan, that the
matter be deferred to the next Council meeting at the request of the Niagara Falls Soccer
Club. The motion Carried with Alderman Germano abstaining from the vote on a conflict
of interest because a member of her family is employed by the Sepera te School Board slid
with all Others voting in favour. .....
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that
the actions taken on the following matters by Committee of the Whole, earlier this
evening, be approved.
1)
That upon Mr. T. Kdllaras providing satisfactory evidence of the payment of the
outstanding fines, that he be reimbursed by way of a grant, for the amount of the
second set of charges less a~ court costs;
That the Solicitor be authorized to take legal action against the developer of
Sunnyside Ill Subdivision to recover costs for outstanding sidewalks and other work
improvements and to take all the necessary steps in that regard.
... 19
19-
3) That the Solicitor enter into Minutes of Settlement in a case involving a rezoning at
Alex Avenue and McLeod Road subject to the Minutes being satisfactory to the City
Solicitor.
The motion Carrier with Aldermen Puttick and Cowan opposed to the motion regarding
Mr. Kollaras and Aldermen Germano, Orr and Susin voting contrary to the tooZion
regarding Sunnyside III Subdivision; and Alderman Janvary voting contrary to the Alex
Avenue/McLeod Road matter and with all others voting in favour.
RESOLUTIONS
NO. 33 - WARD - CRAITOR - RESOLVED that the Program of Proposed Supplementary
Expenditures for Highway Improvements for the year 1994, dated May 9, 1994, be
adopted as presented in the total estimated amount of ~642,000. O0 for supplementary
subsidy.
AND the Seal of the Corporation be hereto affixed.
The motion Carried with Alderman Fermino Susin abstaining from the vote on a conflict
of interest, because a member of his family resides in the area and with all others voting
in favour.
NO. 34 - WARD - CRAITOR - RESOLVED that the Program of Proposed Expenditures for
Highway Improvements for the year 1994, dated May 9, 1994 be adopted as presented
in the total estimated amount of ~5,724,700 with an estimated subsidy of ~2,269,800.
AND the Seal of the Corporation be hereto affixed.
The motion Carried with Alderman Fermino Susin abstaining from the vote on a conflict
of interest, because a member of his family resides in the area and with all others voting
in favour.
B Y-LA WS
ORDERED on the motion of Alderman Hendershot, seconded by AIderman Cummings, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
94-108
A by-la w to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Stop Signs).
94-109
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking).
94-110
A by-law to amend By-law No. 75-253, being a by-law to provide for the
licensing and regulating the keeping of dogs.
94-111
94-112
94-113
94-114
A by-law to authorize the execution of agreements with volunteer groups
taking part in the Adopt-A-Street Program.
A by-law to authorize the execution of an agreement with Philips Planning
and Engineering Limited respecting a study and design of the W-5-2 channel
improvements.
A by-law to prohibit the obstruction, encumbering, injuring or fouling of
highways or bridges.
A by-law to authorize the execution of a Iicence agreement with Ontario
Hydro for the purpose of licensing certain lands owned by Ontario Hydro for
the benefit of the City.
- 20 -
- 21
94-115
· 94-116
94-117
94-118
94-119
A by-law to amend By-law No. 79-200, as amended. (Special Commercial
Uses)
A by-law to amend By-law No. 79-200, as amended. (AM-20/93, Karen
DeGiorgio)
A by-law to authorize the execution ofa Consultant's agreement with WCM
Consulting I~)c.
A by-law to authorize the execution of an agreement with All/dome
Construction Limited for 1994 sidewalk repairs.
A by-law to amend By-law No. 395, 1966 of the former Township of
Willoughby, now in the City of Niagara Falls, as amended and By-law No.
79-200, as amended. (River Realty Development (1976) - Will/ares
Subdivision)
94-120 A by-law to amend By-law No. 79-200, as amended. (AM-35/91 - Bible
Baptist Church)
94-121 A by-law to amend By-law No. 85-238 respecting the classes of
development that may be undertaken in site plan control areas. (AM-35/91 -
Bible Baptist Church)
94-122 A by-law to amend By-law No. 79-200, as amended. (800460 Ontario
Limited; Belleview Estates)
94-123 A by-law to authorize the execution of an agreement with The Gaylord
Group Ltd. respecting the 1995 Ontario Winter Games.
94-124 A by-law to amend By-law 80-114, as amended, being a by-law to
designate private roadways as fireroutes along which no parking of vehicles
shall be permitted.
94-125 A by-law to authorize the execution of an agreement with Greg Snyders,
carrying on business as Geographix Signs and Advertising for the display of
advertising.
94-126. A by-law to authorize the execution of a'n agreement to amend a
Supplementary Downs/zing Agreement under the Ontario Municipal
Employees Retirement System.
94-127 A by-law to authorize monies for General Purposes (May 2, 1994).
94-128 A by-law to authorize monies for General Purposes (May 9, 1994).
The motion Carried with Aldermen Cummings, Hendershot; Janvary and Sherar abstaining
from the vote on By-law No. 94-127 on conflicts of interest previously noted; Alderman
Susin abstaining from the vote on By-law No. 94-122 on a conflict of interest previously
noted; Alderman Ward abstaining from the vote on By-law No. 94-116 on a conflict of
interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that
the following by-laws be now read a second and third time:
94-108 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Stop Signs).
94-109
94-110
94-111
94-112
94-I13
94-114
94-115
94-116
94-117
94-118
94-119
94-120
'i
· 94-121
!I
94-122
94-123
94-124
94-125
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking).
A by-law to amend By-law No. 75-253, being a by-law to provide for the
licensing and regulating the keeping of dogs.
A by-law to authorize the execution of agreements with volunteer groups
taking part in the Adopt-A-Street Program.
A by-law to authorize the execution of an agreement with Philips Planning
and Engineering Limited respecting a study and design of the W-5-2 channel
improvements.
A by-law to prohibit the obstruction, encumbering, injuring or fouling of
highways or bridges.
A by-law to authorize the execution of a licence agreement with Ontario
Hydro for the purpose of licensing certain lands owned by Ontario Hydro for
the benefit of the City.
A by-law ~o amend By-law No. 79-200, as amended. (Special Commercial
Uses)
A by-law to amend By-law No. 79-200, as amended. (AM-20/93, Karen
DeGiorgio)
A by-law to authorize the execution ofa Consultant's agreement with WCM
Consulting Inc.
A by-law to authorize the execution of an agreement with Alfidome
Construction Limited for 1994 sidewalk repairs.
A by-law to amend By-law No. 395, 1966 of the former Township of
Willoughby, now in the City of Niagara Falls, as amended and By-law No.
79-200, as amended. (River Realty Development (1976) - Wiftiams
Subdivision)
A by-law to amend By-law No. 79-200, as amended. (AM-35/91 - Bible
Baptist Church)
A by-law to amend By-law No. 85-238 respecting the classes of
development that may be undertaken in site plan control areas. (AM-35/91 - .
Bible Baptist Church)
A by-law to amend By-law No. 79-200, as amended. (800460 Ontario
Limited; Belieview Estates)
A by-law to authorize the execution of an agreement with The Gaylord
Group Ltd. respecting the 1995 Ontario Winter Games.
A by-law to amend By-law 80-114, as amended, being a by-law to
designate private roadways as fireroutes along which no parking of vehicles
shall be permitted.
A by-law to authorize the execution of an agreement with Greg Snyders,
carrying on business as Geographix Signs and Advertising for the display of
advertising.
- 22 -
94-126 A by-law to authorize the execution of an agreement to amend a
Supplementary Downsizing AgreenTent under the Ontario Municipal
Employees Retirement System.
94-127 A by-law to authorize monies for General Purposes (May 2, 1994).
94-128 A by-law to authorize monies for General Purposes (May 9, 1994).
The me t/on Carried with Aldermen Cummings, Hendershot; Janvary and Sherar abstaining
from the vote on By-law No. 94-127 on conflicts of interest previously noted; Alderman
Susin abstaining from the vote on By-law No. 94-122 on a conflict of interest previously
noted; Alderman Ward abstaining from the vote on By-law No. 94-116 on a conflict of
interest previously noted and with all others voting in favour.
NEW BUSINESS
Blossom Festival
Alderman Pat Cummings advised members of Council that the Blossom Festival
Parade would be held on Saturday, May 14, 1994 and invited everyone to attend.
ORDERED on the motion of Alderman Sherar, seconded by Alderman Germane, that the
meeting be adjourned. Carried UnanimousIv.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
SIXTEENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
May 30, 1994
Council met on Monday, May 30, 1994 at 6:00 p.m. in Committee of the Whole. All
members of Council, with the exception of Alderman Ward, who was away on business, were
present. Alderman Pat Cummings presided as Chairman.
Following consideration of the items presented, the Committee of the Whole arose to
report in open session.
READ AND ADOPTED,
........
Council Chambers
May 30, 1994
Council met on Monday, May 30, 1994 at 7:30 p.m. for the purpose of considering
Planning Matters and Regular Business. All members of Council, with the exception of
Alderman Ward, who was away on business, were present. His Worship Mayor Thomson
presided as Chairman.
Mr. Don Evans, Branch 51, Royal Canadian Legion, offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS,
Alderman Craitor indicated a pecuniary interest on Report F94-22, Cheque No.
202480, because the recipient is his employer; and Cheque No. 202565, because he sit~ on
the Board as a volunteer member.
Alderman Cowan indicated a pecuniary interest on Report F94-22, Cheque No. -
202472, because the recipient is his employer.
Alderman Cummings indicated a pecuniary interest on Report F-94-22, Cheque No.
202712, because his wife is employed by the organization.
Aldermen Hendershot and Jan vary indicated a pecuniary interest on Report F-94-22,
Cheque No. 202633, because the recipient is their employer.
Alderman Susin indicated a pecuniary interest on Communication No. 162 and Report
CD~94-26, because members of his family are volunteer firefighters.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by AIderman Hendershot, that the
Minutes of the Planning Meeting of May 9, 1994 be adopted as printed. Carried Unanimou. slv.
...2
-2-
- 3-
PRESENTATIONS
Nia~lara Falls Remembers
His Worship Mayor Thomson welcomed representatives of the various Legions and
Veterans Associations to Council and advised that the City of Niagara Falls was paying special
tribute in the commemoration of the 50th Anniversary of D-Day (June 6) and the events
leading up to the conclusion of World War II, by presenting tokens of appreciation with the
inscription "City of Niagara Falls Remembers - In a time of peace let us re-dedicate ourselves
to the memory of those who, united by a common cause, gave themselves to duty, patriotism
and the supreme sacrifice" to the following organizations:
Canadian Corps - Leo Burger;
British Canadian Veterans Association - Harold Chadwick;
Royal Canadian Legion 51 - Reg Maves;
Royal Canadian Legion 396 (Chippawa) - Prim Watts;
Royal Canadian Legion 479 - Gary Towne;
Korean War Veterans Association - Ron McAI/ister;
Canadian Polish Veterans Society - Marion Ziembiewicz;
Royal Canadian Naval Association - Len Shaw;
Canadian Merchant Navy Association Inc. - Henry Gutowski;
Royal Canadian Air Force Association - Jack Harrington.
His Worship Mayor Thomson thanked Alderman Gary Hendershot and the Civic
Committee for their efforts in co-ordinating the Niagara Falls Remembers event and thanked
everyone for attending.
1993-1994 Environment A wards
His Worship Mayor Thomson and Alderman Paisley Janvary presented the 1993-1994
Environmental A wards to Mr. Steve Benyo, Principal, and students from Sacred Heart School;
to Jeremy Edmonds, A.N. Myer Secondary School Global Awareness Club; and to Peter
Chapman, President, Stamford Collegiate Ecology Club and Helga Gess, Teacher, in
recognition of their outstanding contributions to the protection of the environment.
United Way
His WorShip Mayor Thomson presented a City Employees Bronze Plaque, on behalf of
Council and staff to Greg Faraday, Chair, City Employees United Way Committee in
recognition of his dedication and efforts in raising funds for the United Way.
Home for Soccer
Mr. Marcus Klein, President of the Niagara Falls Soccer Club presented a cheque in the
amount of ~20,000 for their portion of Mitchelson Park, "Home for Soccer" to Mayor
Thomson. His Worship Mayor Thomson, Mr. Marcus Klein and the City Clerk signed an
agreement for granting the Niagara Falls Soccer Club the right to occupy, operate and manage
a Club House upon lands owned by the City.
Prior to dealing with Deputations, it was ORDERED on the motion of Alderman
Cummings, seconded by Alderman Hendershot, that Report CD-94-25 be brought jorward.
Carried Unanimously.
CD-~4-25- Chief Administrative Officer- Re: AM-10/94, Restricted Area By-law 94-93;
Estate of Antonio Pietrangelo; North side of Carl Road, west side of Montrose Road. The
report recommends that Council reaffirm its approval of By-law 94-93 in order that the Clerk
may notify the Ontario Municipal Board of this at the same time as he forwards the By-law
and letter of objection to the Board with the request for a Hearing.
His Worship Mayor Thomson received indication that Mr. William Slovak, Solicitor was
in attendance on behalf of members of the Pietrangelo family.
Mr. Slovak requested that when the matter is brought before the Ontario Municipal
Board that Council consider a strongly worded letterto the Ontario Municipal Board indicating
the objection was frivolous and vexatious.
The Chief Administrative Officer stated that Council has steered away from taking a
position from these type of requests, despite the fact that Council agreed with the submission
made by Mr. Slovak in support of his client's point of view; and advised Council does not
wish to bring a motion before the Ontario Municipal Board to dispense of the objector's right
to a hearing based on his objection being frivolous and vexatious. The Chief Administrative
Officer indicated it was the responsibility of Council, under the provisions of the Planning Act,
to forward letters of objection to the Ontario Municipal Board with a request for a Hearing and
indic. ated that it would be out of the ordinary for Council to comply with Mr. Slovak's request.
The City Solicitor responded to questions raised regarding frivolous and vexatious
planning matters and advised that it would have to be established that the objector did not
have a planning case to put before the Board and to prove that the objection was frivolous
and vexatious; and that on a planning basis, the objector had no grounds to object, and the
Solicitor stated that in his opinion, this was not the case in this matter.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
DEPUTATIONS
Mrs. Margaret Harrington, Member of Provincial Parliament discussed the following
Provincial government initiatives: JobsOntario Training Programs; the Provision of Funds for
the Ontario Winter Games; Government Relocation Projects; the Construction of Niagara
College; the Niagara Fruitland Program; referred to the continuation of Transfer Payments
made to the municipalities; referred to the Appeal to the Landfill Extension dec/s/on; advised
that changes in the Municipal Act regarding disclosure rules for candidates running in elections
should be in p/ace by September; referred to the Government's Same Sex Rights Bill;
distributed information from the Ministry of Health on Managing Health Care Resources 1994-
1995- Meeting Priorities; referred to the establishment of an All-Party Justice Committee that
would deal with the control of ammunition sales and community based crime prevention;
referred to her recent visit to the Windsor Casino; distributed pamphlets providing basic casino
information from the City of Windsor; referred to upcoming Consultations on the
Amalgamation of the Niagara-Area Housing Authorities; and provided "Power of Attorney"
kits to members of Council.
During the discuss/on, Alderman Norm Puttick advised that he wished to be on record
as being opposed to the proposed Same Sex Rights Bill. Alderman Margaret Germano stated
that she was also in opposition to the proposed leg/s/at/on.
Mrs. Harrington responded to concerns regarding the issue of a referendum and "broad
base support from the community" and advised that a referendum was a municipal issue and
Council had stated its clear position on the matter.
His Worship Mayor Thomson thanked Mrs. Harrington for her comments and her
support.
- 4-
-5 -
Mrs. Deborah Mahaffy, distributed sample serial cards to members of Council and
expressed concerns regarding the details and statistics given about convicted serial killers and
mass murderers in the cards; advised of her deposition to the Standing Committee on Justice
and Legal Affairs in Ottawa on June 1, 1994 with respect to banning the serial killer cards
and board games from importation, sale and manufacture.
Mrs. Mahaffy thanked Council for their support and for the opportunity to make her
presen ta t/on.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Craitor, that Council
reaffirm its previous position regarding serial killer cards and that a letter be forwarded to the
Minister of Justice and Attorney General of Canada, the Honourable Allan Rock. Carried
Unanimously.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Germano, that
Communication Nos. 156 & 157 be brought forward. Carried Unanimously,
Communication No. 156 - Regional Niagara, Office of the Clerk - Re: Amendments to Criminal
Code related to Sexual Assaults. The communication requests Council support a resolution
ca/ling upon the Attorney Genera/of Canada to give direction to Crown Attorneys to enact
to its fullest intent, Part XXIV of the Criminal Code of Canada when dealing with criminals
that constitute a threat to life, safety or physical or mental well being of other persons; and
to give assurance that the section of the Criminal Code pertaining to sexual assault more
c/early reflects the seriousness and the revulsion with which it views the offense.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Germano, that the
request be supported. Carried UnanimousIv.
Communication No. 157 - The Corporation of the City of Brampton - Re: Predator Legislation.
The communication requests Council support a resolution endorsing the efforts of Mrs. Carole
Horan in the pursuit of "sexual predator" legislation to protect children from paedophiles by
allowing members of the National Parole Board to enforce the long-term incarceration of
repeat offenders.
ORDERED on the motion ~f Alderman Cummings, seconded Fisher, that the request be
supported. Carried UnanimousIv.
Theresa Johnson, Revenue Canada provided a brief summary of a new numbering
system being ihtroduced by Revenue Canada, called "Single Business Registration Number"
(SBRN) designed to replace the multiple numbers that business establishments now need to
conduct business with the Federal Government. Ms. Johnson referred to and reviewed the
following business services: Integrated Account Registration; Streamlined Approach for
Opening Additional Accounts; Consolidated Approach to Changing Account Information; and
Integrated Business Program Enquiries.
Ms. Johnson advised Revenue Canada would be implementing the single numbering
system in January, 1995 on a National basis and that the system would become mandatory
for Revenue Canada's four major business programs as of January, 1997.
Mr. Albert Mettier, Consultant in Electtic Railway Design, provided highlights of a
proposed world-c/ass electdc railway network linking Toronto, Toronto Airport, Niagara Falls
and Buffalo; reviewed the benefits including savings in energy use; reduction in traffic
congestion and in air pollution and the el/m/nation of railway crossings.
Mayor Thomson commended Mr. Mettler's recommendations and suggested that Mr.
Mettier be inv/'ted to sit on the People Mover System committee.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Susin, that Mr. Mettler's
concept be endorsed with a letter to be forwarded to the Ministry of Transport and further
that Mr, Mettier be invited to sit on the People Mover System committee. Carried
Unanimously.
Mr. Larry Naftulin, Niagara College provided an Architect's Conceptual Construction
P/an for the new Niagara College campus being built off the Q.E. W.; discussed sources of
revenue; and reviewed the various programs that would be available at the new campus.
His Worship Mayor Thomson thanked Mr. Naftulin for his presentation.
PLANNING MATTERS
PD-94-85 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-
14/94; Robert Rysdale, 6875 Thorold Stone Road. The report recommends the following:
That the rezoning of the subject property to a site specific Neighbourhood Commercial
zone be approved to permit the site and the existing building to be used for a retail store
for the selling of fruits, vegetables and garden supplies;
2. That the amending by-law appearing in tonight's agenda be approved by Council.
- AND -
Communication No. 158 - Regional Municipality of Niagara, Planning & Development
Department. The communication advises as having no objection to the approval of the
application.
- AND -
Communication No. 159 - Regional Public Works DepartmenL The communication advises
as having no objections to the rezoning application.
His Worship Mayor Thomson declared the Public Meeting open and read the procedure
to be followed under the Planning Act.
The City Clerk advised that the Notice of Public Meeting had been given in accordance
to Regulations by mail on May 10, 1994.
His Worship Mayor Thomson received indication that Mr. Dante Mat/nell/was in
attendance on behaff of the applicant; and received a negative response to his request for a
show of hands by persons present who were interested in the application, He requested that
all persons wishing to receive further notice of the passage of the by-la w submit their names
and addresses to the Clerk prior to leaving the meeting.
The Deputy Director of Planning & Development referred to the subject property with
the ass/stance of posted sketches and reviewed the following information included in
Technical Report No. PD-94- 79; Proposal; Nature of the Amendment; Official Plan; Nature of
the Zoning Amendment; Impact; Site Plan Control; and the Public Notification Process.
His Worship Mayor Thomson received a negative response to his request for comments
from persons, other than the applicant or his agent, in support of the application; and received
a negative response from persons opposed to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson declared
the public Meeting with regard to Application AM-14-94 closed.
ORDERED on the motion of Alderman Germano, seconded by Alderman Craitor, that the
communications be received and filed. Carried Unanimously.
- 6-
ORDERED on the motion of AIderman Germano, seconded by Alderman Craitor, that the report
be received and adopted. Carried Unanimously.
See By-law No. 94-'152
MISCELLANEOUS PLANNING MATTERS
PD-94-29 - Chief Administrative Officer- Re: Housing Monitoring Year End 1993. The report
recommends that this report be adopted and distributed to the development community and
pubtic, the Ministry of Housing, Ministry of Municipal Affairs, Regional Niagara Planning
Department and the Social Planning Council of Niagara Falls for information.
The Deputy Director of Planning & Development reviewed the Housing Monitor Report,
1993 with the use of slides.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Hendershot, that the
report be received and adopted. Carried UnanimousIv.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that leave
be granted to introduce the following by-law, and the by-law be read a first time:
· 94-129 A by-law to amend By-law 79-200, as amended. (AM-11/94; 6733 O~kes
Drive, Towertropolis Inc.)
Carried UnanimousIv
ORDERED on the motion Of Alderman Cummings, seconded by Alderman Hendershot, the
following by-law be now read a second and third time:
94-129
A by-law to amend By-law 79-200, as amended, (AM-11/94; 6733 Oakes
Drive, Towertropolis Inc.)
Carried Unanimously
PD-94-83 - Chief Administrative Officer- Re: Site Plan Approval; Proposed Commercial Plaza;
8189 Lundy's Lane; Site Plan Control - SPC-94-02. The report recommends that Council
approve the Site Plan for a proposed commercial plaza pursuant to Section 41 of the Planning
Act, comprised of the Site Plan being drawing no. 1, the site servicing plan being drawing no.
1A.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the report
be received and adopted. Carried UnanimousIv.
PD-94-84 - Chief Administrative Officer - Amendment to Sit~ Plan Agreement; 6114 Culp
Street; Site Plan Control - 8PC-94-05, The report recommends that Council approve the
subject Site Plan for an existing apartment building, pursuant to Section 41 of the Planning
Act comprised of the Site P/an which will form an amendment to the agreement that affects
this property.
ORDERED on the mot/on of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted, Carried Unanimously.
PD-94-86 - Chief Administrative Officer - Ride Your Bike To Work Week. The report
recommends that Council endorse "Ride Your Bike to Work Week" as of June 6 to June 12,
1994.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman ~raitor, that t~e
report be received and adopted. Carried Unanimously.
PD-94-87 - Chief Administrative Officer - Proposed Gateway Park; Portage Road & Incline
Railway. ' The report recommends that Council receive and file this information regarding the
above subject development proposal
ORDERED on the mot/on of Alderman Craitor, seconded by Alderman Cowan, that the report
be received and filed. Carried UnanimousIv.
COMMUNICATIONS
Communication No. 160 - St. Paul High School- Re: Annual Funfest Day. The communication
requests Council grant an exempt/on from the noise by-law to hold a five band between the
hours of 11:00 a.m. and 12:30 p.m.
ORDERED on the mot/on of Alderman Hendershot, seconded by Alderman Cummings, that
the request be approved subject to established policy. Carried Unanimous/v.
See Resolution No. 36
Communication No. 161 o Wine Council of Ontario - Re: Unforgettable Weekends event. The
communication requests Council designate the unforgettable weekends event in July a
"community festival".
ORDERED on the motion of AIderman Hendershot, seconded by Alderman Cummings, that the
request be supported. Carried UnanimousIv.
See Resolution No. 37
Communication No. 162 - Willoughby Volunteer Fire Department - Re: Annual Carnival 'The
communication requests Council approve holding the carnival on Saturday, July 9, 1994 at
11208 Sodore Road, Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the
request be approved subject to established policy. The motion Carried with Alderman Susin
abstaining from the vote on a conflict of interest previously noted and with all others voting
in f~vour.
Communication No. 163 - D. L. Enterprises - Re: Country Rose Estates Subdivision. The
communication requests permission to build an additional Mode/home on Lot 12 before final
registration of the proposed Draft Plan of subdivision.
ORDERED on the motion of Alderman Susin, seconded by AIderman Janvary, that the request
be approved subject to the applicant entering into an agreement with the City with respect
to the model home. Carried UnanimousIv.
Communication No. 164 - Lundy's Lane Tourist Association - Re: Garbage Limit. The
communication requests Council consider an extension to the garbage limit of 20 bags per
tourist establishment during the summer months.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the
request for a 20-bag limit for tourist areas be approved. Carried Unanimously.
Communication No. 165 - Petition from Concerned CitiZens in the Area of Chaplin's
Restaurant and The Village Restaurant and Laundromat - Re: Noise Problem. The
communication requests steps be taken to correct the noise problems created at Chaplin's
Restaurant, and The Vii/age Restaurant and Laundromat.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the matter
be r.eferred to staff. Carried UnanimousIv.
Communication No. 166 - Township of Bartie - Re: Seasonal Trailer Units. The
communication requests Council support a resolution requesting the Provincial government
to ensure that seasonal trailer units contribute to the services they utilize; and that leg/s/at/on
be passed to provide that owners of units remaining more than 90 days be required to pay an
annual fee of up to ~ 100.00 to the owner/operator of the campgrounds and that this fee be
remitted to the municipality on an annual basis for all such units.
...8
ORDERED on the motion of Alderman Germano, seconded by Alderman Fisher, that the
request be supported. The motion Carried with Alderman Cummings abstaining from the vote
on a conflict of interest and with all others voting in favour.
Communication No. 167 - City of North York, City Clerk - Re: Firearms and Sentencing
Legislation. The communication requests Council endorse a resolution urging the Federal
Government to pass leg/s/at/on requiring that there be a minimum five-year mandatory
sentencing for anyone using a weapon in the commission of a crime, or for anyone possessing
any unregistered weapons.
ORDERED on the motion of Alderman Susin, seconded by Alderman Craitor, that Council
supports the portion of the resolution which urges the Federal Government to pass legislation
requiring that there be a minimum five-year mandatory sentencing for anyone using a weapon
in the commission of a crime. The motion Carried with Alderman Shetar voting contrary to
the motion and with all others voting in favour.
Communication No. 168 - The Chamber of Commerce Niagara Falls - Re: Fraser Hill closure
and possible closing of Burning Springs Hill Road from Portage to River Road. The
communication expresses concern regarding the closure and the accessibility in emergen.cies
that could be faced by the Canadian Niagara Power Company during the peak tourist season.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Hendershot, that the
communication be received and f/led. Carried UnanimousIv.
Communication No. 169 - Niagara National Access Awareness Week Committee - Re:
Proclamation. The communication requests Council proclaim the week of May 29 - June 5,
1994 as "National Access Awareness Week ".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
request be supported. Carried UnanimousIv.
Communication No. 170a) - Regional Niagara, Health Services Department - Re: Proclamation.
The communication requests Council proclaim Tuesday, May 3 I, 1994 as "World No- Tobacco
Day ".
Communication No. 170b) - Amyotrophic Lateral Sclerosis (ALS) Society of Ontario - Re:
Proclamation. The communication requests Council proclaim the month of June as "ALS
Awareness Month ".
Communication No. 170c) - Niagara Falls Hydro & Ontario Hydro - Re: Proclamation. The
communication requests Council proclaim June 4 - June 25, 1994 as "Power Saver Days" in
the City of Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded.,by Alderman Hendershot, that
requests 170a), 170b) and 170c) be supported. Carried Unanimously.
Communication No. 171 - The Honourable Floyd Laughren, Minister of Finance - Re: Sales tax
on hotel packages. The communication advises Council of the decision not to consider
removing the sales tax on ~ertain hotel packages.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
communication be received and filed for the Information of Council. Carried Unanimously.
Communication No. 172 - Ministry of Transportation - Re: 1994 Subsidy Payments. The
communication provides information regarding provision of subsidy for 1994 road
improvements to the municipality.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
communication be received and filed for the Information of Council. Carried Unanimously.
Communication No. 173 . Niagara Falls, Canada Visitor & Convention Bureau-Re: Short Term
Infrastructure Program. The communication encourages the City to investigate all future
possibilities of increased potential of Niagara historic sites.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
communication be received and filed for the Information of Council. Carried Unanimously.
...9
Communication No. 174 - Reverand Bill Vanderstelt, Stamford Presbyterian Church LRe:
Casino gambling. The communication expresses support for a referendum regarding the
casino issue.
ORDERED on the motion of Puttick, seconded by Alderman Cowan, that the communication
be referred to the Casino Gaming Committee. Carried Unanimous/v_.
Communication No. 175 - Mr. Rick Fletcher, 7459 Petrullo Court - Re: City's Goods Exchange
Days. The communication expresses concern regarding the City's Goods Exchange Days.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that the
communication be received and filed for the informat/on of Council Carried Unanimously.
Communication No. 176 - Regional Niagara, Planning and Development Department -Re:
Proposed Welland Canals Parkway Development Plan. The communication requests that
comments be provided regarding a proposal for the development of a Parkway along the
western Side of the We/land Canal.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Susin that the matter
be referred to staff. Carried Unanimously.
. Communication No. 177 - The Royal Canadian Naval Association - Re: 40th Annual Naval
Reunion. The communication requests permission to fire twelve rounds from rifles at the
Cenotaph ceremony on Clifton Hill on June 5, 1994 at approximately 11:00 a.m.; and to
permit the firing of a twelve pounder canon during a demonstration at Johnson Park at
approximately 1:00p.m. on June 5, 1994.
ORDERED on the motion of Alderman Hendershot, seconded byAIderman Cummings, that the
reqSest be approved subject to established policy. Carried Unanimously.
REPORTS
MW-94-103 - Chief Administrative Officer - Re: Purchase of Sign Posts and Hardware. The
report recommends that approval be gran ted to purchase up to $24, 182.50 in equipmen t for
sign installation.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
MW-94-105 - Chief Administrative Officer- Re: Quotation #58-94; Mountain Road Landfill;
1994 Hydrogeological Monitoring Program. The report recommends that the total bid
submitted by the low bidder, Beatty, Franz and Associates be accepted and the authorizing
By-Law be passed.
ORDERED on the mot/on of Alderman Sus/n, seconded by Alderman Orr, that the report be
received and adopted. The motion Carried with Aldermen Cummings and Sherar abstaining
from the vote on a conflict of interest because Acres was involved and with all others voting
in favour.
See By-law No. 94-143
MW-94-107 - Chief Administrative Officer- Re: Equipment Rental Tender 7-94. The report
recommends that prices submitted by the various contractors for a variety of equipment be
accepted as required.
ORDERED on the mot/on of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and filed. Carried UnanimousIv.
MW-94-I08- Acting Chairperson, Municipal Parking & Traffic Committee- Re: Mun.icipal
Parking & Traffic Committee Recommendations May 17, 1994 Meeting. The report
recommends the following:
10-
-11-
MW-94-79 - Simcoe St. at Crvsler Avenue - Intersection Controls - that stop signs be installed
in the northbound and southbound directions on Crysler Avenue at SirecoG Street;
MW-94-80 - Biamonte Pkwv. Parking Restriction - that the "No Parking" restriction (8 a.m. -
5p.m., Mon-Fri) be eliminated on Biamonte Pkwy. from the Hwy 420 access road to a point
23 metres east for a two-month trial period;
Criminal Hall of Fame - that the Criminal Hall of Fame's request to park an old fashioned
vehicle at a metered space on Victoria Avenue south of Centre St. for the period of June 15,
1994 to September 15, 1994 at a cost of ~637.00 plus GST & PST be approved;
Downtown Metered Parking - Saturdav's - that parking be free on Saturday's until the
completion of the Downtown Parking and Traffic Study and that the Downtown BIA make up
any short falls in revenue.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report be
received and adopted. Carried Unanimously.
See By-law No. 94-156
See By-law No. 94-157
MW-94-115- Chief Administrative Officer- Re: Contract #94-17; High Pressure Hydraulic
Cleaning of Sewers & Culverts. The report recommends that the unit prices submitted by the
low tenderer, Trans- Video Inspection, be accepted for the above contract and the authorizing
by-law be passed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the
report be received and adopted. Carried Unanimously.
See By-law No. 94-148
MW-94-119 - Chief Administrative Officer - Re: Release of Part of City Easement; Lot #6, R.P.
M-16 Bell Crescent. The report recommends that the City approve the by-law on tonight's
agenda to release its interest on 10 ft. of a 30 ft. wide easement at the rear of Lot 6, Bell
Crescent.
ORDERED on the motion of Alderman Susin, seconded by Alderman Hendershot, that- the
· report be received and adopted. Carried Unanimousiv.
See By-law No. 94-150
RA TIFICA T/ON OF MUNICIPAL WOR KS COMMITTEE A C TIONS
ORDERED on tl~e motion of Alderman Hendershot, seconded by AIderman Cummings, that the
actions taken on the following matters by the Municipal Works Committee, earlier this evening
be approved.
1. Approval of Minutes of May B, 1994meeting;
PD-94-80 - Sidewalk Cafe - Sports Beat Bar & Grill (5257 Victoria Avenue) Pilot
Installation - that the Niagara Region be advised that the Municipality does not object
to the establishment of a Sidewalk Care within the Victoria Avenue road allowance in
front to "Sports Beat Bar & Grill", on a trial basis for 1994 subject to a) The necessary
adreement(s) which incorporate the conditions noted in Report PD-94-80; and b)
Review of the detailed design by the City's Site Plan Technical Committee and the
approved plan becomes part of the agreement;
MW-94-97 - Municipal Works Department- Building Division - Report for April, 1994 -
that Report MW-94-97 be received and filed for information;
MW-94-104 - Road Closure on Mewburn Road - that the By-law appearing on tonight's
(1994 05 30) Council agenda authorizing the temporary road closure of Mewburn Road
at the C.N. Bridge from June 21st to approximately September 2, 1994 as required,
be passed; See By-law No. 94-142
MVV-94-106 - Purchase of New Flow Monitoring Equipment - that the City purchase
three (3) new Mainstream lIP Flow Meters from Aqua Techniques (second low bidder)
at an approximate cost of ~25, 127.50 in order to meet present monitoring
requirements;
MW-94-112 -Environmental Youth Corps Downspout Disconnection Program - that
the City enter into an agreement with the Province to receive funding for the
Environmental Youth Corps, Downspout Disconnection Program and that the By-law
appearing later on Council's Agenda, be passed;
See By-law No. 94-135
MW-94-113 - Victoria Avenue Streetscape Improvements - that the City of Niagara
Falls enter into an agreement with the Province of Ontario regarding the Victoria
Avenue Streetscape Improvements and that the By-law appearing on Council Agenda
tonight (1994 05 30), be passed;
See By-law No. 94-134
MW-94-116 - Contract 94-16 - T. V. Inspection of Sanitary Sewers - that Contract 94-
16 not be awarded to the low bidder and that the Contract be re-tendered. Aldermen
Cowan and Susin opposed to the motion;
MW-94-114 - Public'Information Session for Epworth Circle; Kincaid Place and College
Crescent - that the information contained in Report MW-94-114 be received and filed;
10.
MW-94-123 - Chippawa Boat Ramp - that I) Municipal Works Committee approved to
proceed with the Chippawa Boat Ramp Project (new boat dock/ramp and
improvements to existing boat dock/ramp) at a total estimated cost of ~20,000; 2)
that staff be authorized to hire Modern Steel and lron Works Niagara Limited to design
and construct a new boat dock and ramp (adjacent to the existing ramp) as well as to
make necessary improvements to the existing boat ramp for an upset limit of $14,000;
and 3) that the above-noted works be carried out subject to the approval of Ontario
Hydra;
11.
Whir/pool Corridor Project - Draft Letter to the Niagara Falls Bridge Commission - that
the Municipal works Committee endorse the information contained in the draft letter
to the Niagara Falls Bridge Commission Re: the Whirlpool Corridor Project;
12.
Allocation of Funds for Purchase of Additional Promotional Material (Mayor's Office) ~
that an amount of ~ 1,000 be allocated for the purchase of additional promotional
material for the Mayor's Office for upcoming events (i. e. "50th Anniversary of D-Day
(June 6) when approximately two-thousand Canadian War Vats would be coming to
the City of Niagara Falls;
Posting of Stoop & Scoop Signs at City Parks - that "Stoop & Scoop" signs be revised
to indicate the penaltW that signs be posted at designated Parks and that staff
investigate increasing the fine to a maximum of ~5,000.00.
The motion Carried with Aldermen Cowan and Susin voting contrary to the motion on Report
MW-94-I 16 and with all others voting in fayour.
L-94-23 - Chief Administrative Officer- Re: Mitchelson Park, "Home for Soccer" Agreements
with the School Board, Soccer Club, Ontario Hydra and the City. The report recommends the
following:
That Council authorize the execution by the Mayor and Clerk of Licence Agreements
between Ontario Hydra and the City and The We/land County Roman Catholic Separate
School Board and the City for the purpose of licensing certain/ands to the City for, use
as park/and in connection with E.E. Mitchelaon Park;
- 12- - 13-
2. That Council authorize the execution by the Mayor and Clerk of an Agreement between
Niagara Falls Soccer Club Inc. and the City for the purpose of setting out the role of the
Soccer Club in the design and construction of the "Home for Soccer" facilities and to
establish their right to occupy and manage the proposed Club House.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
See By-law No. 94-'139
See By-law No. 94-140
L-94-26- Chief Administrative Officer - Re: Renewal of Licence Agreement with Ministry of
Transportation; Palmer Avenue at College Crescent. The report recommends that Council
aut~orize the Mayor and Clerk to execute a Licence Agreement with the Ministry of
Transportat/on.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Hendershot, that the
report be received and adopted. Carried UnanimousIv.
L-94-27 - Chief Administrative Officer - Re: Glinski Encroachment Agreement with the City;
4904 Flynn Court, Niagara Falls. The report recommends to permit the continuation of an
encroachment of a building upon the Rynn Court road allowance.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Sherar, that the report
be received and adopted. Carried Unanimous/v.
See By-law No. 94-149
R-94-34 - Chief Administrative Officer - Re: Litter Control Along Thorold Stone Road We~t of
Queen Elizabeth Way. The report recommends the following:
1. That Council receive this report and that a copy of the report be sent to Regional Niagara
and Ministry of Transportation;
2. 'That Regional Niagara encourage a group to adopt Thorold Stone Road as part of the
Region's Adopt-A-Street Program;
3. That a copy of this report be sent to Mrs. M//lie Stephenson together with a letter
thanking her for expressing a concern regarding the appearance of Thorold Stone Road.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the
report be received and adopted, with the added recommendation that the bushes be pruned
along Thorold Stone Road for safety reasons. Carried UnanimousIv.
R-94-36 - Chair, Canada Day Committee - Re: Canada Day, Free Swimming. The report
recommends that City Council authorize free swimming at the four Municipal Pools on Friday,
July Ist, 1994, as part of the celebrations planned for Canada's 127th birthday.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Cummings, that the
report be received and filed. Carried Unanimously.
R-94-37 - Chair, Recreation Commission - Re: Summer Ice Schedule. The report recommends
that Council approve the attached schedule for the use of Summer Ice hours at Stamford
Memorial Arena.
ORI?ERED on the motion of AIderman Janvary, seconded by Alderma.n Craitor, that the report
be received and adopted. Carried Unanimously.
R-94.38 - Chief Administrative Officer - Ice Resurfaeer, Niagara Falls Memorial Arena. The
report recommends that Frank J. Zamboni & Company be awarded Tender #6-94 to purchase
an ice resurfacer for Niagara Falls Memorial Arena at a cost of ~50, 158.50 (including all
applicable taxes). .,. 1'3
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted, Carried Unanimously.
R-94-39 - Chair, Arts & Culture Commission - Arts & Culture Commission Certificate. The
report recommends that City Council authorize the Arts & Culture Commission to recognize
outstanding contributions by individuals in the advancement of Arts & Culture through a
Certificate of Recognition.
ORDERED on the mot/on of AIderman Hendershot, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimous/v.
R-94-40 - Chair, Recreation Commission - Accessible Playground at F.H. Leslie Community
Park. The report recommends that Council endorse the actions of the Recreation Commission
regarding the establishment of an accessible playground at F.H. Leslie Community Park.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimous/v.
F-94-21 - Chief Administrative Officer- 1994 Tax Rates. The report recommends that the
Council of the City of Niagara Fails receive this report for information purposes.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Hendershot, that the
reported be received and adopted. The motion Carried with Aldermen Germano and Janvary
abstaining from the vote on conflicts of interest pertaining to the Education portion and with
all others voting in favour.
SeeBy-law No. 94-158
F-94-22 - Chief Administrative Officer- Municipal Accounts. The report recommends that the
following accounts be approved by the passing of the by-laws appearing later on the agenda
for the period ending May 16, 1994 in the amount of ~343,662.34; May 23, 1994 in the
amount of $5,901,929.85; and May 30, 1994 in the amount of ,~217,379. 35.
· ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the
report be received and adopted. The motion Carried with Aldermen Craitor, Cowan,
Cummings, Hendershot and Janvary abstaining from the vote on conflicts of interest
previously noted and with all others voting in fayour.
See By-law No. 94-160
See By-law No. 94-161
See By-law No, 94-162
RA TIFICA TION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of AIderman Hendershot, seconded by Alderman Cummings, that the
actions taken on the following matters by the Finance Committee, earlier this evening be
approved.
Minutes of Finance Committee Meeting of May 9, 1994;
Report MW-94-I02 - Water/Wastewater Utility - that: 1) The Water/Wastewater Sub
Committee be authorized to prepare a Proposal based on establishing a
Water/Wastewater UtilitW 2) Authorization be granted to implementation of a Water
Conservation Public Relations/Education Program; and 3) Requests for water meter
installations in homes be deferred until after Council consideration of .the
Water/Wastewater Utility Proposal (which includes universal water metering
considerations).
Report FC-94-22 - 1994 Water Budget and Water Rates and Service Charges - that an
additional report be prepared for the information of the Finance Committee detailing the
.reasons why the watei'main projects budgeted for 1993 were not carried out during the
year; that the Finance Committee recommend approval of the 1994 Water Budget and
the continuation of existing water rates.
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Report R-94-41 -Mitchelson Park "Home For Soccer"- That I) Council authorize
the additional funds required to complete the Mitchelson Park "Home for Soccer" Project
in the amount of ~ 17, 196.44 which will be matched by an equal contribution from the
Niagara Falls Soccer Club; 2) That the tender for the landscape development of the E.E.
Mitchelson Park "Home for Soccer" be awarded to Keyin Steele Landscaping of
Ridgay/lie, Ontario at the tendered cost of ~335,285.57 and further; 3) That the By-La w
appearing later on the.May 30th Council agenda authorizing an agreement with Keyin
.Steele Landscaping be approved. See By-law No. 94-154
Report FC-94-19 - Financing of Owners ' Share of Local Improvements - that the Finance
Committee recommend to Council that a rate of 8.0% be appfied to the portion of the
local improvement costs that have not been commuted by the property owners.
Carried Unanimously
See By-law No. 94-163
CD-94-24 o Chief Administrative Officer - Special Occasion Permit; Boys & Girls Club; Boxing
Match at Niagara Falls Arena. The report recommends that Council indicate it has no
objection to the issuance of a Special Occasion Permit to the organization listed in this report.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, thar the
report be received and adopted. Carried Unanimous/v.
CD-94-26 - Chief Administrative Officer - Special Occasion Permit; Chippawa Volunteer
Firefighters Association. The report recommends that Council indicate it has no objection to
the issuance of a Special Occasion Permit to the organization listed in this report.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that the
report be received and adopted. The motion Carried, with Alderman Susin abstaining from the
vote on a conflict of interest previously noted and with all others voting in favour.
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
actions taken on the following matters by Committee of the Whole, earlier this evening be
approved.
I) To authorize the actions of the City Solicitor in filing a Notice of Leave to Appeal, the
dismissalOf charges against Executive Helicopter for contravening the Building Code Act
and the Zoning By-law and to authorize the City Solicitor to take all the necessary steps
in that regard;
2) Mewburn Heights Matter - Should the City come into the possession of Block 62 un draft
plan of subdivision, with concurrence between 663848 Ontario Inc. and John Brig/s, it
agrees it will not plant trees or erect buildings on Block 52 subject to comments received
from the Municipal Works Department and the Parks & Recreation Department;
See By-law No. 94-151
3) That authorization be granted to enter into an Employment Contract to fill the Waste
Management Administrator's Position;
See By-law No. 94-144
4~
That the City of Niagara Falls Lease property for a Municipal Parking Lot - front/nO Ellen
Avenue and south of Magdalen Street;
See Bv-law No. 94-155
- 15 -
5)
That the Chief Building Official be authorized to initiate proceedings for a Restraining
Order under Section 38 of the Building Code Act, to enforce an order under Section 15
of the Act with respect to the unsafe conditions of the tower at Maple Leaf Village;
6) That payment in settlement of the City's C/aim against McGIone & Associates Limited
regarding the Mewburn Road Watermain, Contract 91-113 be accepted.
Carried Unanimously.
RESOLUTIONS
NO. 35- HENDERSHOT- CRAITOR- BE IT RESOLVED that His Worship Mayor Thomson,
Aldermen Kim Craitor, Gary Hendershot and Norm Puttick be appointed as the City's voting
delegation to the 1994 Annual Conference of the Association of Municipalities of Ontario.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 36 - HENDERSHOT - CRAITOR- BE IT RESOLVED that the Council of the Corporation of
the City of Niagara Falls hereby exempts Saint Paul High School from the noise by-law for the
City of Niagara Falls on ~:riday, June 3, 1994 between the hours of 11:00 a.m. and I :30 p.m.
for the purpose of providing entertainment at a lunch barbecue.
AND the .Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 37 - HENDERSHOT- CRAITOR - BE IT RESOLVED that the Council of the Corporatiot7 of
the City of Niagara Falls hereby recognizes the Wine Council of Ontario "Unforgettable
Weekends" during the month of July event and designates the event as a community festival
AND the Sea/of the Corporation be hereto affixed.
Carried Unanimously
B Y-LA WS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
94-130 A by-law to amend By-law 79-200, as amended (AM-18/93; Wendy Leard)
94-131
A by-law to authorize the execution of an agreement with The Corporation ~f
the Town of Lincoln for emergency fire dispatch services.
94-132
A by-law to repeal By-law No. 91-2 12, being a by-law to authorize the use of
composite ballots/n municipal e/actions in the City of Niagara Falls.
94-133
A by-law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan,
94-134
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 Ministry of
Municipal Affairs respecting the Victoria Avenue Streetscape Improvements
Project.
94-135
A by-law to authorize the execution of an agreement with Her Majesty the
Queen in right of Ontario as represented by the Minister of the Environment and
Energy respecting the Environmental Youth Corps DoWnspout Disconnection
Program.
94-136
A by-law to alter the boundaries of the Urban Service Area of the City. (Aldo
Giamma ttolo)
- 16- - 17-
94-137
94-138
94-139
94-140
94-141
94-142
94-143
94-144
94-145
94-146
94-147 '
94-148
94-149
94-150
94-151
94.152
94-153
94.155
A by-law to alter the boundaries of the Urban Service Area of the City. (George
Litnewski)
A by-law to alter the boundaries of the Urban Service Area of the City. (Emilo
Zenga)
A by-law to authorize the execution ofa licence agreement with The Walland
County Roman Catholic Separate School Board for the purpose of licensing
certain lands owned by the School Board for the benefit of the City.
A by-taw to authorize the execution of an agreement with Niagara Falls Soccer
Club for the purpose of granting the Niagara Falls Soccer Club the right to
occupy, operate and manage a Club House upon/ands owned by the City.
A by-law to authorize the execution of a Subdivision Agreement with 942397
Ontario Inc., carrying on business as Country Bose Estates and others
respecting the Country Rose Estates Plan of Subdivision,
A by-law to temporarily close part of Mewburn Road,
A by-law to authorize the execution of an agreement with Beatty Franz &
Associa tes U.'mited respec ring hydrogeological monitoring a t the Mountain Road
Land{ill Site.
A by-law to authorize the execution of an agreement with W/l/lain Slack.
A by-law to authorize the execution of an agreement with Hotz Environmental
Services Inc. respecting the operation of Household Hazardous Waste Days.
A by-law to authorize the execution of an agreement with John Vandot
Wayden, carrying on business as Niagara Commercial Cutting for mowing
weeds on private lots.
A by-law to authorize the execution of an agreement with Greenspace Services
Limited, operating as ChemLawn Niagara for chemical weed control.
A by-law to authorize the execution of an agreement with Trans-Video
Inspection Limited for high pressure hydraulic cleaning of sewers and culverts.
A by-law to allow the maintaining and using ofa~buflding which encroaches on
Flynn Court.
A by-law to a/low the partial release and abandonment of an easement. (Bell
Crescent)
A by-law to amend By-law 79-200, as amended. (AM-15/93, Q.E.W. Mount
Properties, for Mewburn Heights)
A by-law to amendBy-law 79-200, as amended. (AM-14/94, Robert Rysdale,
6875 Thorold Stone Road)
A by-law to authorize the execution of a Iicence agreement with Her Malesty
the Queen in Right of Ontario, as represented by the Chair.of the Management
Board of Cabinet.
A by-law to authorize the execution of an agreement with Kevin Steele
Landscaping & Contracting Inc. respecting landscape development of E.E.
Mitchelson Park "Home for Soccer".
A by*law to authorize the execution of a lease agreement with A & T Roberto
Ltd. and Anthony Roberto, /n trust for the purpose of leasing certain lands to
the City. (Lease of/and for City parking)
...17
94-156 A by-law to amend By*law No. 89-2000, being a by-law to regulate parkin~ &
traffic on City Roads. (Parking)
94-157 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking &
traffic on City Roads. IStop Signs)
94-158 A by-law to fix the rate of taxation for 1994 and to provide for the levying of
taxes.
94-159 A by-law to provide for the appropriations for the year 1994.
94-160 A by-law to provide monies for Genera/Purposes (May 16, 1994).
94-161 A by-law to provide monies for General Purposes (May 23, 1994).
94-162 A by-law to provide monies for General Purposes (May 30, 1994).
94-163 . A by-law to impose specia/ rates for the payment of the owner's portion of the
cost of certain local improvement.
The motion Carried with Aldermen Craitor, Cowan, abstaining from the vote on By-law No.
94-161 on a conflict of interest previously noted; Aldermen Cummings, Hendershot.and
Janvary abstaining from the vote on By-law No. 94-162 on conflicts of interest previously
noted and with all others voting in favour.
ORDERED on the mot/on of Alderman Cummings, seconded by Alderman Hendershot, that the
following by-laws be now read a second and third time:
94-~30 A by-law to amend By-law 79-200, as amended (AM-18/93; Wendy Leard)
94-131 A by-law to authorize the execution of an agreement with The Corporation of
the Town of Lincoln for emergency fire dispatch services.
94-132 A by-law to repeal By-law No. 91-212, being a by-law to authorize the use of
composite ballots in municipal elections in the City of Niagara Falls.
94-133 A by-law to provide for the adoption of an amendment to the City of Niagara
Falls Off/c/a/Plan.
94-134 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 Ministry of
Munlcipal Affairs respecting the Victoria Avenue Streetscape improvements
Project.
94-135 A by-law to authorize the execution of an agreement with Her Majesty the
Queen in right of Ontario as represented by the Minister of the Environment and
' Energy respecting the Environmental Youth Corps Downspout Disconnection
Program.
94-136 A by-law to alter the boundaries of the Urban Service Area of the City. (A/do
Giammattolo)
94-137 A by-law to alter the boundaries of the Urban Service Area of the City. (George
Litnewski)
94-138 A by-law to alter the boundaries of the Urban Service Area of the City. (Emi~o
Zenga)
94-139 A by-law to authorize the execution of a Iicence agreement with The We#and
County Roman Catholic Separate School Board for the purpose of licensing
certain lands owned by the School Board far the benefit of the City.
..18
- 18-
- 19-
94-140
94-141
94-142
94-143
94-144
94-145
94-146
94-147
94-148
94-149
· 94-150
94-151
94-~52
94-153
94-154
94-155
94-156
94-157
94-158
A by-law to authorize the execution of an agreement with Niagara Falls Soccer
Club for the purpose of granting the Niagara Falls Soccer Club the right to
occupy, operate and manage a Club House upon lands owned by the City.
A by-law to authorize the execution ofa Subdivisien Agreement with 942397
Ontario Inc., carrying on business as Country Rose Estates and others
respecting the Country Rose Estates Plan of Subdivision.
A by-taw to temporarily close part of Mewburn Road.
A by-law to authorize the execution of an agreement with Beatty Fran. z &
Associates Limited respecting hydrogeological monitoring at the Mountain Road
Landfill Site.
A by-law to authorize the execution of an agreement with William Slack.
A by-law to authorize the execution of an agreement with Hotz Environmental
Services Inc. respecting the operation of Household Hazardous Waste Days,
A by-law to authorize the execution of an agreement with John Vander
Weyden, carrying on business as Niagara Commercial Cutting for mowing
weeds on private lots.
A by-law to authorize the execution o fan agreement with Greenspace Services
L/m/ted, operating as ChemLawn Niagara for chemical weed control
A by-law to authorize the execution of an agreement with Trans-Video
Inspection Limited for high pressure hydraulic cleaning of sewers and culverts.
A by-law to allow the maintaining and using era building which encroaches on
Rynn Court.
A by-law to allow the partial release and abandonment of an easement. (Bell
Crescent)
A by-law to amend By-law 79-200, as amended. (AM-15/93, Q.E.W. Mount
Properties, for Mewburn Heights)
A by-law to amend By-law 79-200, as amended. (AM-14/94, Robert Rysdale,
6875 Thorold Stone Roadl
A by-taw to authorize the execution of a Iicence agreement with Her Majesty
the Queen in Right of Ontario, as represented by the Chair of the Management
Board of Cabinet.
A by-law to authorize the execution of an agreement with Kevin Stede
Landscaping & Contracting Inc. respecting landscape development of E.E.
Mitchelson Park "Home for Soccer".
A by-law to authorize the execution of a lease agreement with A & T Roberto
Ltd. and Anthony Roberto, in trust for the purpose of leasing certain lands to
the City. (Lease of land for City parking)
A by-law to amend By-law No. 89-2000, being a by-law ~o regulate parking &
traffic on City Roads. (Parking)
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking &
traffic on City Roads. (Stop Signs)
A by-law to fix the rate of taxation for 1994 and to provide for the levying of
taxes,
94-159
94-160
94-161
94-162
94-163
A by-law to provide for the appropriations for the year 1994.
A by-law to provide monies for General Purposes (May 16, 1994).
A by-law to provide monies for General Purposes [May 23, 1994).
A by-law to provide monies for General Purposes (May 30, 1994).
A by-law to impose special rates for the payment of the owner's portion of the
cost of certain local improvement.
The motion Carried with Aldermen Craitor, Cowan, abstaining from the vote on By-law No.
94-161 on a conflict of interest previously noted; Aldermen Cummings, Hendershot and
Janvary abstaining from the vote on By-law No, 94-162 on conflicts of interest previously
noted and with aft others voting in favour.
Letter of Condolence
NEW BUSINESS
ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, that a
letter of condolence be forwarded to the family of the late Grace Somerville. Carried
Una~Timouslv.
Blossom Festival
Alderman Pat Cummings referred to the very successful Blossom Festival Parade and the
Tug of War that had been held on May 14, 1994. He advised that the City Float won First
Place and requested that a letter be sent to Mr. Derek Costello on behaff of the City for the
efforts all his efforts.
ORDERED on the motion of Alderman Germane, seconded by Alderman Craitor, that a letter
of congratulations be forwarded to Mr. Derek Costello and to Niagara Promotions for aft their
efforts in the Blossom Festival. Carried Unanimously.
Miss Nia~lara Pageant
Alderman Pat Cummings advised that Miss Susan Desormeaux was crowned Miss Niagara
and Miss Kim Gleeson was First Runner Up.
ORDERED on the motion of AIderman Germane, seconded by Alderman Craitor, that a letter
of congratulations be forwarded from the Mayor's Office to aft the contestants in the Miss
Niagara Pageant. Carried UnanimousIv.
Letter of AiTITrec/ation
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that a
letter of appreciation be forwarded from the Mayor's Office to Miss Cynthia Roberts for her
efforts with respect to the Veteran's Presentation. Carried Unanimously.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
....L. ............
MAYOR WAYNE THOMSON
SPECIAL COUNCIL MEETING
Committee Room k~2
June 8, 1994
Council met on Wednesday, Jane 8, 1994 at 4:00 p.m. in a Special Council meeting for
the purpose of considering development of Testamentary Devise Parcels. All members of
Council, with the exception of Aldermen Cummings and Orr, wece present. His Worship Mayor
Thomson presided as Chairman.
PD-94-91 - Chief Administrative Officer - Re: Special Council Meeting; Devdolmieut Approvals
of Testamentary Devise Parcels. The report recommends that Council consider the attached
Staff Report PD-94-59 with respect to development un testamentary Devise parcels.
-AND-
PD-94-59 - Chief Administrative Officer - Re: Development Approvals of Testamentary Devise
Parcels. The report .recommends the following:
That Council select one of the options set out in PD-94-20 as a means of addressing
undersized Testamentary Devise parcels;
That Coancil approve the procedure outlined in Appendix I of Report PD-94-20 for
addressing building permit requests on Testamentary Devise parcels which comply with
by-law provisions.
In his opening remarks, His Worship Mayor Thomson stated that the purpose of the
meeting was to deal with the issue of testamentary devise parcels and the options for Councii's
consideration.
The Director of Planning and Development provided backgroand information on the
creation of testamentary devise parcels and indicated that an interim control by-law had been
passed to prevent anyone from requesting building permits while the municipality studied the
problem and identified corrective solutions. He advised that a by-law recommending a minimum
standard 25 acres was prepared to effectively curtail any development on testamentary devise
parcels and that Council decided not to approve the by-law and chose to maintain current
ZOning stalldards.
Mr. Carlo Montemurro indicated that Council either maintain their position; establish a
standard lot size or consider individual testamentary devise parcels. Mr. Montemurro submitted
a list of names and the number of lots that are held by those individuals.
Discussions ensued regarding the differentiation between urban area and rural area
designations.
The Planner discussed the number of testamentary devise parcels situated in the
Wiilonghby/Crowland areal referred to the parcels that meet current zoning by-law
requirements and those that did not comply with the zoning by-law due to being andersized in
lot frontage, lot area or both and indicated the parcels were created without good planning.
The Planner reviewed the folloWing options for Council consideration: I) to maintain
current by-law standards thereby encouraging andersized parcels to amalganlate in order to
devdop; 2) to process a comprehensive zoning by-law amendment, establishing one set of zoning
requirements for the southern area of the City, providing an opportunity to do a comprehensive
assessment study; advised that upper tier agencies were in support of the zoning anlendment
process; it) to provide relief from by-law provisions on a lot-by-lot basis through appllcatii~ns to
the Committee-of-Adjustment; end referred to an alternative to the site specific zoning by-law
exempting all testamentary devise parcels from the current zoning by-law provisions.
The Chief Administrative Officer informed that the lots had been created outside the
subdivision process.
-2-
Mr. ~ Winnick, Consultant was in attendance on behalf of the Gross, preston, Rees
and Nagy families, and advised that the estates had been created in a lawful manner and all
these lots met the one acre target figure. He requested Council give approval for building
permits on the parcels created by the testamentary devise process in order that the !and can be
built upon. Mr. Winnick thanked Council for their consideration.
Karen Nastier, 30/0 Witshire indicated she had purchased a lot near the Schaur property
and expressed concerns regarding whether the developer would build and improve the remainder
of the road.
Discussions regarding the provision of municipal services; types of services and costs;
maintaining a rural atmosphere in the area; and the amalgamation of smaller lots.
Mr. Dino !)iCieazo, 7834 Bemadette Cres~nt stated tins was an opportunity for Council
to provide housing with open spaces.
Following some discussion, it was ORDERED on the motion of Alderman Snsin,
seconded by Alderman Cowan, that Council approve Option #1 to maintain current by-law
standards thereby encouraging undersized parcels to amalgamate in order to develop. The
motion Carrie~_ with the following vote:
AYE: Aldermen Cowan, Fisher, Janvary, Sherar, Snsin and Ward.
NAYE: Aldermen Craitor, Germann, Hendershot, and Puttick.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Snsin, that Council
approve the Administrative procedure as outlined in Appendix I of Report PD-94-20 for
addressing building permit requests on Testamentary Devise parcels winch comply with by-law
provisions. Carried Unanimonslv.
The Director of Community Services discussed seating that was to be put in at the
Niagara Falls Arena on July 1, 1994 and requested direction from Council regarding the
purchase of 8,000 seats from the City of Seattle.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Hendershot, that'the
Director of Community Services be authorized to investigate the matter and obtain the seats
conditional upon inspection. Carded Unanimously.
CD-94-28 - C!~f Administrative Of~cff - Re: Slt~_'al 0ce~ion Permit; Centre for VoPatlonul
Evaluations ami Rdmbilitalion Sefvi~s Ltd. - Mastffs Sin-Pitch Chamlionshilas- The report
recommends that Council indicate it has no objection to the issuance of a Special Occasion
Permit to the organization listed in the report.
ORDERED on the motion of Alderman Hendeeshot, seconded by Alderman Craitor, that the
report be received and adopted. Carded Unanimously.
ORDERED on the motion of Mayor Thontson, seconded by Alderman Hendeeshot, that the
meeting be adjourned. Carried Unaulmouslv.
SEVENTEENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
June 13, 1~94
Council met on Monday, June 13, 1994 at 6:55 p.m. in Committee of the Whole.
All members of Council, with the exception of Alderman Sherar, who was away due to
the passing of a family m~mber; and Alderman Ward, were present. Alderman Shirley
Fisher presided as Chairman.
Following consideration of the items presented, the Committee of the Whole arose
to report in open session.
READ AND ADOPTED,
...... ~2~ ...........
MAYOR WAYNE THOMSON
Council Chambers
June 13, 1994
Council met on Monday, June 13, 1994 at 7:30 p.m. for the purpose of
considering Planning Matters and Regular Business. A# members of Council, with the
exception of Alderman SheraG who was away due to the passing of a family member,
were present. His Worship Mayor Thomson presided as Chairman. Alderman Fisher
offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS_
Alderman Cummings indicated a pecuniary interest on Report F-94-23, Cheque No.
202781 because Acres is involved; and advised that he was indicating the same
pecuniary interest on behalf of Alderman Sherar.
Alderman Susin indicated a pecuniary interest on the matter dealing with the
widening of Stanley Avenue because his mother resides in the area.
!-
~ Prior to dealing with Planning Matters, it was ORDERED on the motion of Alderman
Puttick, seconded by Alderman Hendershot, that the Deputation respecting the Traffic
! Light on Portage Road be moved forward. Carried Unanimously.
His Worship Mayor Thomson received indication that Mrs. Joyce Wilson was in
' attendance.
MAYOR WAYNE THOMSON
Discussions were held regarding the Region's determination on whether traffic
lights will be kept in the area. His Worship Mayor Thomson provided copies of
correspondence from A. J. Casey, General Manager, Niagara Transit acknowledging that
the pedestrian activated lights currently provided to residents of Portage Manor should
remain in place.
I
,..2
-2-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the Region be advised that Council strongly supports the retention of the traffic signal
lights at the intersection of Portage Road and John Street for the safety of all those
persons residing in the immediate area. Carried Unanimously.
See Resolution No. 44
PLANNINa MATTERS
Following some discussion, it was ORDERED on the motion of Alderman Susin,
seconded by Alderman Craitor, that Report PD-94- 24, Pine Tree Village be deferred to be
dealt with at a later time in the meeting. Carried Unanimously.
PD-94-88 - Chief Administrative Officer - Re: Official Plan Amendment Application; AM-
8/94, 5171 River Road; Chandelier Tourist Lodge, F. & A. Shoppard. The report
recommends the following:
That Council consider adoption of the s/re specific Official Plan amendment, prepared
as previously directed, to allow an eight room tourist home to become the main use
of the propertW
2. That the by-law for the adopt/on of the Official Plan amendment and the Zoning By-
law amendment appearing in tonight's ageride be approved by Council.
- AND -
Communication No. 178 - Niagara Peninsula Conservation Authority. The communication
advises as having no objection to the application.
Communication No, 179 - Regional Niagara, Planning and Development Department, The
communication advises as having no objection to the approval of the application.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The Deputy City Clerk advised that the Notice of the Public Meeting had been given
in accordance to Regulations by publication in the Niagara Falls Review on May 13, 1994.
His Worship Mayor Thomson received indication that the applicant wa~ in
attendance; and received a negative response to his request for a show of hands by
persons present who were interested in the application. He requested that all persons
wishing to receive further notice of the passage of the by-law submit their names and
addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development referred to the subject property and
reviewed the informat/on provided in the Recommendat/on Report,
His Worship Mayor Thomson received a negative response to his request for
comments from persons, other than the applicant or his agent,/n support of the
application, and received a negative response from persons opposed to the application.
Since no further comments were forthcoming, His Worship Mayor Thomso~
declared the Public Meeting with regard to Application AM-08/94 closed.
L
- 3 -
ORDERED on the motion of Alderman Germane, seconded by Alderman Cummings, that
the report be received and adopted. The motion Carried with Aldermen Cowan, Orr and
Susin voting contrary to the motion and with all others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
communications be received and filed. Carried Unanimously.
See By-law No. 165
See By-law No. 171
PD-94- 74- Official Plan & Zoning By-law Amendments; AIde & Cotfine Giammattolo; Pine
Tree Village Mobile Home Park. The report recommends the following:
I. That Council not support the Official Plan and Zoning By-law amendment applications
for the purpose of permitting an expansion to the existing Pine Tree Village Mobile
Home Park to 210 units;
2. That Council inform the Regional Municipaffty of Niagara that it does not support. the
approval of Regional Amendment application No. 89 to provide the extension of ~
sanitary sewers ~o service the site for the reasons noted in this report.
- AND -
Communication No. 180: Ministry of Natural Resources. The communication advises
tha~ following the Niagara Escarpment Commission's approval and conformance to the
Niagara Escarpment Plan, the Ministry would have no objections to the proposed official
p/an and zoning by-law amendments.
Communication No. 181 - Ministry of Transportation, The communication advises that
the Ministry will require that all buildings be setback a m/n/mufti distance of 45 feet from
the highway property line; that building permits are required for all buildings located w/thin
150 feet from the highway property fine prior to any construct/on being undertaken; and
that the owner submit a copy of a site/drainage plan indicating the intended treatment of
the calculated runoff.
Communication No. 182 - The Regional Municipality of Niagara. The communication refers
to the water supplW sanitary sewage facilities; storm drainage and regional roads and
advises as having no objection to the intended/and use.
Communication No. 183- Niagara Peninsula Conservation Authority. The communication
advises that comments provided in the April 22, 1994 correspondence are st///applicable.
Communication No. 184 - Sinclair, Crowe, Barristers and Solicitors. The communication
advises as being in suppor. t of extending the urban boundaries to include the property of
12 acres of Mr. Anthony DeGiorgio and being in support of having the/ands/n the area
taken out of the Escarpment Commiss/on's hands and turned over to the City of Niagara
Falls.
Communication No. 185- CN, Engineering & Environmental Services. The communication
discusses noise, v/brat/on and safety mitigation measures; and advises that the owner/s
required to insert a warning clause/n all Agreements of Purchase and Sale or Lease and
include a Noise Impact Statement.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The Deputy City Clerk advised that the Notice of the Public Meeting had been
forwarded by Prepaid FirSt Class mail to all owners and persons assessed as of land
within 120 metroe of the subject lands and by publication in the Niagara Falls Review on
May 13, 1994.
His Worship Mayor Thomson received indication that Mr. Thomas Smart,
Consultant, Miller O'Deil, was in attendance on behalf of the applicant; and received a
positive response to his request for a show of hands by persons present who were
interested in the application. He requested that all persons wz~hing to receive further
notice of the passage of the by-law submit their names and addresses to the Clerk prior
.to leaving the meeting.
T/To Director of Planning and Development provided background information
included in Technical Report No. PD-94-67; Nature of the Amendment; Background;
Niagara Escarpment Plan; Services; Affordable Housing; Other Development Proposals;
Environmental Concerns; Zoning Matters; Compatibility and the Public Not/f/cat/on
Process.
Mr. Tom Richardson, Solicitor, Sullivan, Mahoney provided Council with an
amended proposal requesting that the units be reduced from from 2 10 to 70 units.
Discussions regarding the approval of 70 units and the need to provide Notice for
holding another public meeting were held.
The D/rector of Planning and Development advised that Council had previously been
on record as approving the 70 units and requested direction from Council on how to deal
with the matter.
Mr. Joseph Joy, 2175 Mewburn Rd., Unit 51 expressed the need for proper water
services and requested that the matter be resolved.
The Chief Administrative Officer recommended that Council pass a resolution
indicatin~ that Council resolves that no further notification of a public meeting is required.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that
Council resolves that no further notification of a public meeting/s required. The motion
Carried with Alderman Cowan, Cummings, Orr and Ward voting contrary to the motion
and with all others voting in favour.
His Worship Mayor Thomson received a positive response to his request for
comments from persons; other than the applicant or his agent, in support of the
application, and received a negative response from persons opposed to the application.
Mr. Thomas Smart reviewed the amended proposal asking that the applications be
amended as set out in the draft amendments regarding the reduction of 2 10 units to 70
units; and requested that the City of Niagara Falls adopt the reviewed amendments which
would recognize the existing development and limit any expansion to 70 units and
ancillary uses as outlined in the draft amendment.
Mr. Smart indicated that a comprehensive study of the lands would be conducted
/n the ar.ea; advised that ne/ghbouring property owners expressed concerns regarding
expansion of the mobile paris; discussed the policies and development criteria of the
Niagara Escarpment Plan; advised that the application was to amend the Official Plan and
Zoning by-law to recognize Pine Tree V/I/age Mobile Home Park as a minof urban centre,
and requested that the amendment limiting the number of units to 70 be adopted by
· Council.
4.46
Mr. Jack Coil/neon, 5548 Hodgson Ave., indicated that he was in support of the
revised application and advised that Counci/'s consideration would provide an opportunity
to prevent the reoccurrence of events at P/no Tree Vii/age; and suggested that approval
be given subject to the applicant agreeing to register on title that the operation be limited
to 70 units for the protection of future purchasers.
Vera Smith advised of her inability to sell her unit legally unless the application was
approved.
D~nnis Landry, Consultant, QEW Mount Properties Inc. informed there was a
considerable amount of interest in the area and advised that the area could be utilized for
recreational purposes which could incorporate the use of P/no Tree V/l/age; suggested that
Council consider a land use studW advised support for the proposed 70 units; indicated
the area was appropriate for urban development.
It was noted that before any expansion is granted that acknowledgement be given
that the landfill is to be located in the area for another 7 years.
Mr. Coil/neon inquired whether planning staff could review the definition of
"anCillary uses" ana the Director of Planning and Development assured him that staff
would review the matter.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to the Application AM-6/93, OPA No. 4 be
closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that tl~e
revised amendment limiting the number of units to 70 subject to the applicant agreeing
to register on title the condition that the operation be limited to 70 units, The motion
Carried With Aldermen Cowan, Orr and Susin voting contrary to the motion and with all
others voting in favour.
ORDERED on the mot/on of Alderman Cummings, seconded by Alderman Hendershot, that
the communications be received and filed. Carried Unanimously.
PD-94-92 o Zoning By-law Amendment Application; South Side Morr/son Street, East of
Dorchester Road; 488745 Ontario Limited. The report recotnmends the following:
I. That Council support the application to amend the Zoning By-law to permit a zone
change from General Industrial to Prestige Industrial with site specific provisions for
the establishment of light industrial, office, service commercial and limited speciality
uses on the subject lands;
That the proposed limited speciality uses occupy an aggregate floor area of not greate. r
than 278 sq. m (3,000 sq. ft.);
3. That the developer pay for the extension of a 1.5m wide municipal sidewalk across
the lYonrage of the subject property;
4. That Development Charges be applied on the commercial uses.
-AND -
Communication No. 186 - Ardel Investments Limited. The communication advises as
having objections to the application and expresses concerns regarding the inclusion of
additional retail uses which contravenes the intent of the Off/c/a/Plan; advises that the
inclusion of commercial uses would have a negative impact on their development and
requ. ests that the commercial uses be eliminated.
- 6-
Communication No. 187 - Dr. Rona/d Mergl and Dr. June Mergl, Animal Medical Centre.
The communication advises as objecting to the proposed zoning changes.
Communication No. 188 - The Regional Municipality of Niagara, Public Works
Department, The communication advises as having no objections to the application, but
that the Regional requirements as stated/n the communication be incorporated into the
site p/an.agreement for this development.
Communication No, 189-Niagara Peninsula Conservation Authority. The communication
advises as having no objection to the application.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act,
The Deputy City Clerk advised that the Notice of the Public Meeting had been
forwarded by Prepaid First C/ass mail to a// owners and persons assessed as of/and
within 120 metres of the subject/ands on May 13, 1994.
His Worship Mayor Thomson received indication that the applicant, Mr. Joseph
Cuvie/Io was in attendance; and received a positive response to his request for a show
of hands by persons present who were interested/n the application. He requested that
all persons wishing to receive further notice of the passage of the by-law submit their
names and addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the following information included/n
Technical Report No. PD-94-gQ; Proposal,' General Information; Official P/an; Nature of the
Zone Change; Servicing; Site P/an Control and the Public Not/f/cat/on Process.
The D/rector of Municipal Works responded to questions regarding the sale of
excess land and advised that an 50-foot strip of surplus Regional land on the south side
of Morrison Street had been sold by the Region to 488745 Ontario Ltd. The D/rector of
Municipal Works advised that the Region and the applicant had informed him that Dr.
Mergl had not been interested in the purchase of the property.
His Worship Mayor Thomson received a negative response to his request for
comments from persons, other than the applicant or his agent,/n support of the
application, and received a positive response from persons opposed to the application.
Dr. Ronald Mergl, Niagara Falls Animal Medical Centre, discussed his concerns
regarding the purchase of the 50-foot strip of land along Mort/son Street separating the
two properties and his interest in purchasing the parcel of land; indicated his opposition
to the proposed zone change because a plaza would bring excessive traffic to the area;
and suggested that the 25-foot strip be used as a/andscape buffer.
Mr. Joseph Cuviello provided informat/on regarding the sale of the parcel of/and;
advised lhat discussions held with Dr. Mergl had indicated he had not been interested in
a joint venture.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-13/94 closed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the
report be received and adopted. The mot/on .Carried with Alderman Orr voting contrary
to the motion and with all others voting in favour.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the
communications be received and filed. Carried Unanimously,
- 7 -
Following some discussion, it was ORDERED on the motion of Alderman Cummings,
seconded by AIderman Hendershot, that a report clarifying the events that transpired with
respect to the sale of the property be provided. Carried Unanimously.
PD-94-93 - Chief Administrative Officer- Re: Zoning By-law Amendment Application
01/94; N/S Oldfield Road between Drummond and Dorchester Roads. The report
recommends that Council not support the application to amend the Official P/an and
Zoning By-law to permit resident/a/development w/thin the industrial d/strict.
- AND -
Communication No. 190 - Regional Niagara, Planning & Development Department. The
communication advises that the proposal is not/n keeping with the Regional Policy P/an
objdct/ves of ensuring orderly resident/a/development and minimizing conflicts between
incompatible/and uses and does not support approval of this application.
Communication No, 191 - Regional Niagara, Public Works Department. The
communication advises as having no objections to the proposed amendments; but advises
that comments rega?ding servicing issues relating to this development will be provided at
the time of draft plan circulation for review and approval
Communication No. 192 - Geon Canada Inc. The communication advises as opposing the
request to change the zoning by-law regarding the use of the property.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The Deputy City Clerk advised that the Notice of the Pubtic Meeting had been
forwarded by t?repaid First Class mail to all owners and persons assessed as of land
within 120 metres of the subject lands on May 13, 1994.
His Worship Mayor Thomson received indication that Mr. Dennis Landry, was in
attendance on behalf of the applicant; and received a positive response to his request for
a show of hands by persons present who were interested in the application. He
requested that all persons wishing to receive further notice of the passage of the by-law
submit their names and addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the following information included in
Technical Report No. PD-94-89; Proposal; General Information; History of Previous
Application; Official Plan; Proposed Official P/an Amendment & Zoning ChangeS;
Environmental Considerations; Impacts; and the Public Notification Process.
His Worship Mayor Thomson received a negative response to his request for
comments from persons, other than the applicant or his agent,/n support of the
application, and received a positive response from persons opposed to the application.
Mr. George Simpson, Marsulex expressed opposition to the proposed application;
discussed the impact on current and future operations and the safety of the residents in
the'area. Mr. Simpson advised the proposal would not provide a buffer zone between
industrial/ands and residential areas and that this could impact on whether the company
would remain in Niagara Falls, since the main reason for locating to the area was having
a buffer zone between resident/a/properties.
Mr. Dennis/endry, Planning Consultant, Upper Canada Consultants advised that
the proposal was acceptable to the residents in the area; discussed the issue of
conducting an impact study in the area to determine the separation d/stance;
encroachment and noise,
- 8o
- 9 -
Mr. Landry introduced Mr. John Coulter, John Coulter & Associates who reviewed
a study ~vh/ch had been conducted to assess noise levels/n the area; discussed noise
levels by future industry; setbacks; and the trend of industrial land being redesignated as
resident/a/.
Mr. Rob Wattors, BEAK Consultants ltd. discussed a study which had been carried
out to determine the possibility of wet/and being present on the site;
referred to the Ministry of Environment's concerns regarding illegal dumping on the site;
health and safety aspects; addressed the issue of the relative proximity of the Marsulex
facility which stores su/phuric acid and oleum /n the area.
Mr. Nicholas Basciano, President, Drummond Oldfield Developments, provided a
brief summary of events leading to the present application; responded to concerns
regarding a buffer zone in the area; the development of land as an industrial area; and
indicated that reddents were not opposed to the proposal.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-01/94 closed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that
Council support the application to amend the Off/c/a/Plan and Zoning By-law to permit
residentt"a/ development within this industrial district. The motion was Denied with
the following vote:
AYE: Aldermen Craitor, Fisher and Hendershot.
NA YE: Aldermen Cowan, Cummings, Germano, Janvary, Orr, Puttick, SuSin and Ward.
ORDERED on the motion of Alderman Orr, seconded by Alderman Susin, that the report
be received and adopted. The motion C. arried with the following vote:
AYE: Aldermen Cowan, Cummings, Germano, Janvary, Orr, Puttick, Susin and Ward.
NA YE: Aldermen Craitor, Fisher and Hendershot.
ORbERED on the mot/on of Alderman Orr, seconded by Alderman Susin, that the
communications be received and filed. Carried Unanimously.
PD-94-94 - Chief Administrative Officer - Re: Zoning By-law Amendment Application; AM-
12/94, 6948 Mcl eod Road; Pinecove Development limited, Joseph Cuvie/Io. The report
recommends that the rezoning of the subject/ands to a site specific Genera/Commercial
(GC) zone be approved to permit the construction of a 1,394 sq. m (15, 000 sq. ft.) plaza.
-AND - '
Communication No. 193 -Niagara Peninsula Conservation Authority. The communication
advises as having no object/on to the proposal.
Communication No. 194 - The Regional Municipality of Niagara, Public Wbrks
Department. The communication advises as having no objection to the rezon/ng
app#cat/on; but advises that the Regional requirements as stated in the communication
be incorporated into the site p/an agreement for this development.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act. '
The Deputy City Clerk advised that the Notice of the Public Meeting had been given
to aft owners and persons assessed as of land w/thin 120 metres of'the subject/ands and
by publication /n the Niagara Falls Review on May 13, 1994.
His Worship Mayor Thomson receNedindication that Mr. Joseph Cuviello, applicant
was in attendance; and received a positive response to his request for a show of hands
by persons present who were interested in the application. He requested that all persons
wishing to receNe further notice of the passage of the by-law submit their names and
addresses to the Clerk prior to leaving the meeting.
The D/rector of Planning and Development provided background information
included in Technical Report No. PD-94-82; Nature of the Amendment; Official Plan;
Physical Assessment; Nature of the Zoning Amendment; Site Plan Control; and the Public
Notification Process.
His Worship Mayor Thomson received a negative response to his request for
comments from persons, other than the applicant or his agent, in support of the
application, and received a positive response from persons opposed to the application.
Mr. Mike Hughes, 6965 Sunhaven Drive, expressed concerns regarding snow
removal and where the snow would be deposited; and the issue of garbage storage in the
area.
Mr. Joseph ~uviello responded to concerns and advised that a 7 or 8 foot fence
with locks would be constructed to hold garbage bins; indicated that the mature trees
would be moved to create a natural separation; discussed the use of wooden fencing and
security lighting in the plaza.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-12/94 closed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
report be received and adopted, Carried Unanimously.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
communications be received and filed, Carried Unanimously.
PD-94-96 - Chief Administrative Officer - Re; Application for Site Plan Approval; 6271
Thorold Stone Road; Site Plan Control; SPC~94-08. The report recommends that Council
approve the draft site p/an for a proposed car dealership pursuant to Sect/on 41 of the
Planning Act, conditional upon the following minor additions provided in accordance with
the City's Site Plan requirements:
1. That curbing be provided around the entire per/meter of the parking areas;
2. That the proposed catchbasin be located so no stormwater be permitted to m/grate
from the site to adjoining properties;
3. That the provision of a hedge along the length of the northerly boundary;
4. That the applicant satisfy the Rag/on with respect to road widening.
ORI~ERED on the motion of AIderman Hendershot, seconded by Alderman Fisher, that the
repbrt be received and adopted. Carried UnanimousIv.
- 10-
11
REGULAR COUNCIl MATTERS
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the
Minutes of the Regular Meeting of May 30, 1994 be adopted as printed. Carried
Unanimously,
DEPUTATIONS
Winter Festival of Liqhts
The Deputy City Clerk advised that the matter had been deferred to the June 27,
1994 Council meeting at the request of Mr. Greg Bailey.
W/deninq of Stanley Avenue
His Worship Mayor Thomson introduced Mrs. Dawn Davidson who expressed. the
following concerns regarding the proposed widening of Stanley Avenue to four/aries: the
loss of over 30 mature trees in the area; health and safety of the residents in the area;
environmental and noise pollution; foundation and structural cracking and the loss of
wildlife in the area.
Mrs. Davidson thanked members on behalf of the residents in the area for the
opportunity to address Council.
During the discuss/on it was suggested that Mrs. Davidson's comments be forwarded
to the Region.
ORDERED on the mot/on of Alderman Craitor, seconded by Alderman Germano, that Mrs.
Davidson's comments be forwarded to the Region and that the Region have Mrs.
Davidson as a deputation at a Niagara Regional Public Works Committee meeting. The
motion Carded with Alderman Susin abstaining from the vote on a conflict of interest
previously/noted and with all others voting in favour.
It was moved b y AIderman Craitor, seconded b y Alderman Germano, that approval be
granted tb proceed past 11:00 p,m. Carried Unanimously.
Tourist Info Vision
Jim Mucciarone, Tour/st InfoVidon provided an overview of a Marketing and
Bus/hess Plan and the long-term objectives of a new company in the City of Niagara Fails
ca/led Tourist InfoVision, which will provide informational services to the tourist
community by way of a muir/media, touch screen computer system.
His Worship Mayor Thomson thanked Mr. Mucciarone for his presentation and
wished him success in the new venture,
COMMUNICATIONS
Communication No. 195 - The Corporation of the City of Vaughan ~ Re: Enumeration &
Voters List Preparation, Federal, Provincial and Municipal Elections. The communication
requests Council support a resolution requesting the Federal and Provincial governments
take a// necessary steps to implement the creation of a permanent voters list as a way to
shorten election campaigns, reduce duplicated effort and save money.
ORDERED on the mot/on of Alderman Susin, seconded by Alderman Craitor, that the
request be supported. Carried Unanimously.
Communication No. 196 - Niagara Falls, Canada Visitor & Convent/on Bureau - Re:
Beautification and upgrading of highway and gateway entrances. The communication
suggest~ Council play a key role in the delivery of a quality tourist experience by creating
a sense of we/come with an attractive environment for visitors by systematically cleaning
and beautifying City property.
It was noted that interested individuals or groups can participate in the Adopt-A-Street .'
Program by contaciing the Parks and Recreation Department.
ORDERED on the mot/on of Alderman Puttick, seconded by Alderman Cra/tor, that the
communication be received and filed and that a//st of sites to be improved be submitted
to staff. Carried Unanimously.
Communication No. 197 - Niagara Regional Police Force - Re: Bartenders Race. The
communication requests permission to close Queen Street between Ontario Avenue and
Erie Avenue for the Bartenders Race event between 10:00 a.m. and 12:30 p.m. on
August 26, 1994.
ORDERED on the mot/on of Alderman Hendershot, seconded by Alderman Craitor, that
the request be approved. Carded Unanimously.
Communication No. 198 - United Way of Niagara Falls - Re: Annual Media SIo-Pitch
Tournament. The communication requests that Council cons/tier the SIo-P/tch
Tournament being held on August 26, 27 and 28, 1994 as a "Community Event" and that
approval be given for a Special Occasion Permit at the Opt/mist Ha//and Pa/mer Park.
ORDERED on the mot/on of Alderman Cummings, seconded by Alderman Cowan, that. the
request be endorsed subject to normal circulation. Carded Unanimously.
Communication No. 199 - Community living, Niagara Falls - Re: Proclamation. The
.communication requests Council proclaim the week of August 14 to 20, 1994 as"
Community Living Week ".
ORDERED on the mot/on of Alderman Janvary, seconded by Alderman Sus/n, that the
request be approved. Carried Unanimously.
Communication No. 200 -Niagara Promotion Association -Re: 1995 Blossom Festival
Parade. The communication requests permission to hold the 1995 Blossom Festival
Parade on Saturday, May 13, 1995 at 10:00 a.m.
ORDERED on the mot/on of Alderman Susin, seconded by Alderman Craitor, that the
request be approved. Carried Unanimously.
Communication No. 20 l a)- Niagara Ratepayers for a Healthy Environment- Re: Mountain
Road Land/ilL The communication expresses concern regarding non-compliance of litter
control and cover mater/a/;
12-
13-
Communication No. 201b) - Ann Hick, 7089 Woodington Rd., - Re: Mountain Road
Landfill Site. The communication expresses concern regard/rig litter/n the area;
Communication No. 201c) -J. L. Silverthorn, 2601 Grouse Lane- Re: Mountain Road
Landfill Site. The communication expresses concerns regarding litter/n the area of
Firemen's Park.
ORDERED on the motion of Alderman Susin, seconded by Alderman Cowan that
Communications 201o), 201b), and 201c) be referred to staff and to the Public Liaison7
Committee. Carded Unan/mouslv.
Communication No. 202 -Diana J. Nadon, 10521 Sodam Road- Re: Amendment to By-
law No. 75-185. The communication expresses concerns regarding the allowance of
"Sport Hunting" in the area and requesting By-law 75-185 be amended to include Weaver
Road South to Marshal Road and Willoughby Drive West to Ort Road.
· ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the
matter be referred to staff. Carried Unanimously.
Communication No. 203. Alan Stewart, 4458 Philip Street - Re: Canadian Spring Fling
in feat behind Maple Leaf Village event. The communication expresses concerns
regarding the noise/eve/at the event and the enforcement and monitoring of noise/eveIs
in the residential area.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that
staff contact Mr. Stewart and indicate to him that this was a one-time event and further
that a copy of the communication be forwarded to the organizers of the event for their'
information. Carried Unanimously.
Communication No. 204 - Karen Brant, 5552 Heritage Drive - Re: Bus Routes. The
communication expresses concerns regarding the changes in bus routes.
ORDERED on the motion of Alderman Ward, seconded by Alderman Cra/tor, that a letter
be forwarded to the Transit Commission for review. Carried Unanimously.
REPORTS
MW-94-134 - Chief Administrative Officer - Re: Cost Sharing Agreement for Oversizing
of Storm Sewer; Montrose Road. The report recantmends the following:
That the City enter into a cost sharing agreement with the Developer,
Stewal Holdings Limited, for the oversizing of a storm sewer required to
service a proposed development complex located at the southeast corner
of Montrose Road and Thorold Stone Road;
2. That the City's share of the oversizing costs be obtained from the Expansion
and Renewal Fund (estimated at ~40,000.00).
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that
the report be received and adopted. Carried UnanimousIv.
MW-94-138 - Chief Administrative Officer - Re: Contra=t EpWorth, Kincaid & College.
The report recommends that the unit prices submitted by the low tenderer, Provincial
Construction (Montrose) Ltd. be accepted and the by-law be passed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
' report be received and adopted. Carried Unanimously.
See By-law No. 94-166
See Resolution No. 42
RA ~IFICA TION OF MUNICIPAL WORKS COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Germano, that
the actions taken on the following matters by the Municipal Works Committee, earlier this
evening be approved.
That the Minutes of the May 30, 1994 Municipal Works Committee Meeting
be approved, as recorded;
MW-94-117 - Development in Chippawa - that 1l the report by CH2M Hill
Limited be received; that 2) the proposed development of the 250 units in
Chippawa be allowed to proceed; and that 3) the City proceed with
additional control measures to control the sewer surcharging in the
Sarah/Chipman area;
L-94-33 - Fence By-law No. 77-75; 4495 Meadowvale Drive - that the
Committee and Council approve the 6 foot, 4 inch high fence erected in the
front yard at 4495 Meadowvale Drive;
Complaint on Landfill Tipping Fees - that Mr. & Mrs. John Polegato be
refunded the amount of $274 ($122 plus $152) for Tipping Fees paid - In
Favour - 7; Opposed - 3;
MW-94-99 - Landfill Bu/Tding Status Report - that Report MW-94-99 be
received and filed for informat/on - Opposed - Alderman Farm/no Susin;
MW-94-125 - New Little Mississippi Drain - that 1) the City repair the
existing bank failures and re-establish the appropriate vegetation to stabilize
the bank; and 2) that a Newsletter be sent to the local residents educating
them on forms of bank treatment as well as identifying the implication of
maintenance, dumping of trash, etc.;
MW-94-129 - Municipal Works Department - Building D/vision - Report for
May, 1994 -that Report MW-94-129 be received and filed for information;
MW-94-135 - Waste Management Transition Study - Phase/Report - that
Report MW-94-135 be received and filed for information - Opposed -
Alderman Form/no Susin;
MW-94-136'- Sidewalk Murray Hill Update Report - that Report MW-94-136
be received and filed for information;
10. MW-94-137 - Water Budget - 1993Allocation for Watermain Replacements - that
Report MW-94-137 be received and filed for information;
11. MWo94- I39 - Grass Cutting - Harovics Lane - that the property owner at 6973 Dunn
Street be requested to maintain the grass boulevard on the Harovics Lane flankage;
12. Stoop & Scoop By-law to be administered by the Humane Society on a Trial Basis -
that the Niagara Falls Human Society take over administration of the Vicious Dog By-
law'and the Animal Waste By-law on a .trial basis from June 3, 1994 until Fail of
1994;
13. Reimbursement of Costs for Sewer Lateral Clean/ng - that Mr. Davies be reimbursed
for costs incurred for the cleaning of his sewer lateral at 7529 Wilson Crescent;
The mot/on Carried with Alderman Susin opposed to Report MW-94-99 and MW-94-135
and with all others voting/n favour.
- 14 - 15 -
R-94-42 - Chairperson, Environmental Planning &Greening Committee - Re: Action From
Environmental Planning and Greening Committee Meeting of May 18, 1994. The report
recommends that Council receive and file this report.
ORDERED on the mot/on of Alderman Janvary, seconded by Alderman Cowan, that the
report be received and filed. Carded Unanimously.
F-94-23 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends
that the accounts totalling ~I,017,476.29 for the period ending June 13, 1994, be
approved by the passing of the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, thai the
report be received and adopted. The mot/on Carried with Alderman Cummings abstaining
from the vote on a conflict of interest and with all others voting/n fayour.
RA .T/F/CA TION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
actions taken on the following matters by the Finance Committee, earlier this evening be
approved.
1. That the minutes of the May 30th, 1994 Finance Committee Meeting be adopted,
Report CS-94-06 - Establishment of Niagara Fails Tour/sin Inc. - that 1) the City
Council formally acknowledge Niagara Fails Tourism Inc. as the representative body
for [ourism /n Niagara Fails; 2) that funding, as previously a/located to the Visitor and
Convention Bureau and the Festival of Lights, be directed through the Niagara Falls
Tourism Inc. Board beginning the calendar year 1995; 3) that the Niagara Falls
Tourism Inc. Board be encouraged to evaluate staffing needs and propose a staff
structure which would include the position of General Manager, however, any pe½son
collecting a municipal or regional pension would be considered ineligible for a staff
position; 4) that the Niagara Falls Tour/sin Inc. be requested to prepare a marketing
strategy as part of the 1995 Budget submission; and 5) that City staff be authorized
to work with Niagara Falls Tour/sin Inc. to prepare a grant request for submission to
.the Federal Government for operating funds for 1995 - Alderman Orr and Sherat
Opposed.
First Niagara Scout Group - to waive the building permit charges with respect to the
replacement roof for the First Niagara Scout Hut and also to waive any landfill tipping
charges for disposal of waste material associated with this project.
Social Planning Council- that the Permissive Grant Review Evaluation Report and the
following recommendations be referred to staff and a report be brought back to the
Finance Committee in a month's time, The recommendations submitted by the
Steering Committee are: 1) That City Council endorse the tund/ng policies for
permissive grants as prepared by the Agency Review Steering Committee. 2) That
the 1995 Permissive Grants Steering Committee continue to consist of board
representatives from the eight agencies, with representation and part/c/pat/on from
members of the City Finance Committee. We recommend that four Finance
Committee representatives be appointed to the steering committee and that ~wo
chairmen be nominated by the committee, one chair from the agencies and one chair
from the Finance Committee. 3) That a secretariat be assigned to ass/st the steering
committee process./t is recommended that a City staff representative could fulfil
this function.
Report R-94-35 - International Air Cadet Exchange - to approve a donation of ~ 750
towards the International Air Cadet Exchange taking place in July 1994.
Report FD-94-07 - Purchase of Computer Software - Alderman Susin declared a
conflict with respect to Report FD-94-07 as members of his family are volunteer
firefighters; - to approve the purchase of a new Computer Aided Dispatch System
from Crisys Limited for a total cost of ~ 155,000 including taxes.
7. Repbrt FC-94-18 - Currency Exchange Rate - to receive for information Report FC-94-
18, Currency Exchange Rate.
Report FCo94-20 - International Bridges Assessment - to forward a resolution to the
Minister of Municipal Affairs requesting that the International Bridges Munidipal
Payments Act, 1981, be amended.
9. Report FC-94-21 - Tax Balances at May 3 I, 1994 - to receive for information Report
.~ FC-94-21 - Tax Balances at May 31, 1994.
10. 'Report FC-94-23 - Loan Statement - to receive for information Report FC-94-23 -
Loan Statement.
11.
Report CD-94-29 - Bingo Prize Board Increase - That I) That Council adopt the new
prize board proposal to be implemented by July 1, 1994 to remain in place until
December 31, 1994; 2) That Council adopt the new fee schedule proposed for this
time period; 3) That Council pass the bylaw appearing later on the agenda.
See By-law No. 94-170
12. Repbrt CD-94-30 - Amendment .to Lottery Licence Fee Schedule - 1) That Council
adopt the new fee schedule proposed for raffle lotteries and penny bingos; 2) That
Council pass the bylaw appearing later on the agenda.
See By-taw No. 94-169
The motion Carried with Alderman Orr and Sherar opposed to Report CS-94-06; Alderman
Susin declaring a conflict of interest on Report FD-94-07 and with all others voting in
favour.
CD-94-27 - Chief Administrative Officer - Re: Special Occasion Permit Niagara Oldtimers
Baseball. The report recommends that Council indicate it has no objection to the /ssuance
of a Special Occasion Permit to the organization listed/n this Report.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings,
that the report be received and adopted. Carded Unanimously.
L-94-30 - Chief Administrative Officer - Re: Second Level Lodging House Amending By-
law. The report recommends that Council pass the by-law amending the Second Level
Lodging House Licensing By-law No. 93-241 that provided for the licensing and revoking
of any such licences of Second Level Lodging Houses in order to permit agents to attend
at the Office of the City Clerk.
ORDERED on the mot/on of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
See By-law No. 94-164
L-94-31 - Chief Administrative Officer - Re: Sign Application - Scotia Bank; 4800 Victoria
Avenue. The report recommends that City Council approve the application for two wail
sigt;s, having a combined area of 448 square feet for Scotia Bank on the south and west
side of the building at 4800 Victoria Avenue.
ORDERED on the mot/on of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
16-
17 -
L~94-32 - Chief Administrative Officer - Re: Kingsbridge Theatre on the Square "Niagara ";
Guarantee of Loan by the City re: Purchase of 4624 Queen Street. The report
recommends that Council authorize the execution by the Mayor and C/ark of a co/lateral
first mortgage,/f required, and letter of guarantee for the benefit of Kingsbridge Theatre
· on the Square (Niagara) inc. for the purpose of purchasing 4624 Oueen Street.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that
the report be received and adopted. Carried UnanimousIv.
See By~law No. 94-168
L-94-34 - Chief Administrative Officer - Re: Agreement Between Petro Canada and the
City to Release Parties From Site Plan Agreement. The report recommends that Council
re/ease Petro-Canada from a Site P/an Agreement dated November 29, 1976 respecting
property municipality known as 6948 Mcleod Road and the Mayor and Clerk be
authorized to execute an agreement for the purpose of releasing each of the parties from
the said Site Plan Agreement.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the
report be received and adopted. Carded Unanimous/v.
See Bv-law No. 94-167
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that. the
· actions taken on the following matters by Committee of the Whole, earlier this evening
be approved.
That the Chief Building Official be authorized to carl tenders for the demolition of the
Tower at Maple Leaf Village/n accordance with provisions of Section 15 of Building
Code Act;
That the City Solicitor be authorized to take all necessary steps to withdraw the
appeals presently before the Ontario Municipal Board regarding Regional
Apportionment; and that Council not confirm the action of the City Solicitor in filing an
appeal with the Ontario Municipal Board and to take a// the necessary steps to
withdraw the appeal and the review;
- Mountain Road Land(ill - Niagara Falls Ratepayers, additional Intervenor Funding A ward;
To ratify the dec/s/on appointing John MacDonald as Director of Community Services;
and to ratify the dec/s/on appointing Tony Ravenda as Manager of Human ResOurces;
To authorize a competition to fill the position of Manager, Parks & Recreation
.... Carried UnanimousIv
RESOLUTIONS
NO. 38 - HENDERSHOT - JANVARY - BE IT RESO! VED THAT a message of condolence
be forwarded to the family of the late Edith Marie Biller Wilson, a well-respected citizen
of the community and mother of Wendy Canavon, the Corporation's Economic
Development Officer.
AND the Seal of the Corporation be hereto affixed.
Carried UnanimousIv
NO. 39 -'CUMMINGS - FISHER - WHEREAS the international Bridges Municipal Payments
Act, 1981, S.O. 1981, c.6, states the amounts to be paid by the N/agora Falls Bridge
Commission to the City of Niagara Fails/n respect of structures known as the Whir/pool
Rapids Bridge and the Rainbow Bridge; AND WHEREAS City staff have determined that
in accordance with the calculations/n the said Act, the 1994 payment by the Niagara
Falls Bridge Commission to the City of Niagara Falls for the said structures wi// be about
$97,479.00; AND WHEREAS this payment is based upon an equivalent assessment of
$398,916.00; AND WHEREAS City staff have determined that if the actual 1993
assessed value of the said structures, rather than the predicated assessed value,/s used
to determine the payment by the N/agora Fails Bridge Commission to the City, then the
pay;nent would be about $214,937.00 in 1994; AND WHEREAS staff of the Ministry of
Municipal Affairs are currently reviewing the said Act with respect to the payments made
by the Niagara Falls Bridge Commission to the City of Niagara Fails/n order to amend the
payments provided for by the Said Act, so that the payments more closely represent the
actualassessed value of the said structures; AND WHEREAS amendments to the said Act
are not likely to be forthcoming in the 1994 taxation year; AND WHEREAS the City of
Niagara Falls shaft be prejudiced and disadvantaged by receiving a 1994 payment that is
~ 117,458.00 less than it would receive, if the actual assessed value of the structures
were used to calculate the payment to the CitW
NOW TREREFORE BE IT RESOLVED that City Council urges the Minister of Municipal
Affairs to take immediate steps to review the International Bridges Municipal Payments
Act, 1981, with respect to the payments to the City of Niagara Falls thereunder, and
amend the said Act to provide for an assessment of the international bridges' structures
along the Niagara River that represents the actual assessed value of the said structures.
AND FURTHER that Margaret Harrington, M.P.P. be requested to assist the City of
Niagara Falls in this matter.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 40 - CUMMINGS - CRAITOR- 8E IT RESOLVED THAT a message of condolence be
forwarded to the family of the late Joseph Murdaca, a local businessman and we/i-
respected citizen of the community.
AND the Sea/of the Corporation be hereto affixed.
Carried Unanimously
NO. 41 - GERMANO - JANVARY - BE IT RESOLVED THAT a message of condolence be
forwarded to the family of the/ate Faith 8rockman Lococo, wife of Philip C. Lococo.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NO, 42 - CUMMINGS - FISHER - RESOLVED that the unit prices submitted by the low
tenclaret, Provincial Construction (Montrose) Ltd. for Contract 93-107 - Phase II
Underground & Road Reconstruct/on on Epworth Circle; Kincold P/ace and College
Crescent, at the low tendered amount of ~893,406.49, be accepted;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
N0,.43- HENDERSHGT -tRAITOR - THAT the Council of the Corporation of the City of
Niagara Falls hereby resolves that no further not/f/cat/on of a public meeting is required
in the matter of the Off/c/a/Plan and Zoning By-law Amendment to AM-6/94, OPA No.
4; Pine Tree V/l/age Mobile Home Park, as the reduction in the application from 2 10 units
to 70 units is such that those who would oppose the 2 10 units would more likely be
present at the Council meeting to speak to the application as opposed to those present
to speak to the amended application of 70 units; THEREFORE BE IT RESOLVED THAT the
Council of the Corporation of the City of Niagara Falls desires the application to proceed
through the Public Meeting Process set for this 13th day of June, 1994;
AND the Seal of the Corporation be hereto affixed.
- 18- 19-
The motion Carried with Aldermen Cowan, Cummings, Orr and Ward voting contrary to
the motion and with all others voting in favour.
N0..44 - CUMMINGS - HENDERSNO T - RESOI VED that Regional Niagara be advised that
the Council of the Corporation of the City of Niagara Falls/s strongly in support of the
signal lights at the intersection of Portage Roadand John Street remaining in p/ace for the
safety of a~ those persons residing in the/mined/ate area.
AND the Seal of the Corporation be hereto affixed.
Carded Unanimously
B Y-LA WS
ORDERED on the motion of AIderman Cummings, seconded by Alderman Hendershot, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
94-164
A by-law to amend By-law No. 93-241 licensing, regulating second level
lodging houses.
94-165
A by-law to provide for the adoption of an amendment to the City of
Niagara Falls Official Plan.
94-166
A by-law to authorize the execution of an agreement with Provincial
Construction. (Meritrose Road Reconstruction, Epworth Circle)
94-167
A by-law to authorize the execution of an agreement with Petre-Canada for
the purpose of releasing Petre-Canada from the terms and conditions of a
Site Plan Agreement.
94-168
A by-law to authorize the execution of a collateral first mortgage, ff
required, and a letter of guarantee for the benefit of Kingsbridge Theatre.
94-169
A by-la w to amend By-la w No. 94-32, berg a by-la w to set fines for Iot~ry
I/cences.
94-170
A by-law to amendBy-law No. 94-32, being a by-law to set fees for lottery
/icences.
94-171
A by-law to amend By-law 79-200, ~s amended (AM-8/94, S & A
Sheppard, Chandelier Tour/stJ
94-172 A by-law to authorize monies for General Purposes (June 13, 1994).
The motion Carried with Aldermen Cowan, Orr and Susin voting contrary to By-law Nos.
94- ~ 65 and 94-171; Aldeiman Cummings abstaining from the vote o, By-la w No. 94-172
on a conflict of interest previously noted and with aft others voting/n favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the following by-laws be now read a second and third t/me:
94-164
A by-lawto amend By-lawNo. 93-2411iconsing, regulating second level
lodging houses.
94-166
A by-law to provide for the adoption of an amendment to the City of
Niagara Falls Official Plan.
94-166
A by-law to authorize the execution of an agreement with Provincial
Construction (Montrose Road Reconstruction, Epworth Circle)
94-167 A by-law to authorize the execution of an agreement with Petre-Canada for
the purpose of releasing Porto-Canada from the terms and conditions of a
Site Plan Agreement,
94-168 A by-law to authorize the execution of a co/lateral first mortgage, ff
required, and a letter of guarantee for the benefit of Kingsbridge Theatre.
94-169 A by-law to amend By-law No. 94-32, being a by-law to set fines for lottery
licences.
94-170 A by-law to amend By-law No. 94-32, being a by-law to set fees for lottery
licences.
94-171 A by-law to amend By-law 79-200, as amended (AM-8/94, S & A
Shoppard, Chandelier Tourist)
94-172 A by-law to authorize monies for General Purposes (June 13, 1994).
The motion Carried with Aldermen Cowan, Orr and Susin voting contrary to By-law Nos.
94-165 and 94-171 ;'Alderman Cummings abstaining from the vote on By-la w No. 94-172
on a conflict of interest previously noted and with all others voting in favour.
NEW BUSINESS
Let[ors of Condolence
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that a
letter of condolence be forwarded to the family of the late Joseph Murdaca, a local
businessman an, d well-respected citizen of the community. Carried Unanimously.
See Resolution No. 40
ORDERED on the motion of Alderman Germane, seconded by Alderman Janvary, that a
letter of condolence be forwarded to the family of the late Faith Brockman Loceco, wife
of Philip 'C. Lococo. Carried Unanimously,
See Resolution No. 41
Saint Michael Hiqh School Debat/nq Team
Alderman Shirley Fisher referred to the Niagara Region Debating Tournament and
advised that four of the top seven student debaters were from Saint Michael High School
End requested that a letter of congratulations be forwarded to the students for their
effdrta. Carried UnanimousIv.
Yield Siena on Ethel Street
· His Worship Mayor Thomson referred to Yield Signs on Ethel Street and stated that
the Yield Signs are ineffective and should be replaced by "Stop Signs ".
ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the
matter be referred to the Parking and Traffic Committee. Carried Unanimously.
- 20 -
East Niagara Housinq Authority
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
Lorne Biggs be appointed to the Board of the East Niagara Housing Authority due to the
resignation of Netta Mathjason. Carried UnanimousIv.
Actinq Mavor
ORDERED on the motion of AIderman Hendershot, seconded by Alderman Cummings, that
the following Aldermen be appointed Acting Mayor for the period of June 16 to June 25,
1994 inclusive; during the absence of His Worship Mayor Wayne Thomson.
Alderman Gary Hendershot - June 16, 1994; Alderman Pat Cummings -June 17, 1994;
Alderman Shirley Fisher- June 18, 1994; Alderman Paisley Janvary- June 19, 1994;
Alderman Fermino Susin - June 20, 1994; Alderman Judy Orr - June 21, 1994;
Alderman Norm Puttick - June 22, 1994; Alderman Margaret Germano - June 23, 1994;
Alderman Kim Craitor- June 24, 1994; Alderman Bruce Ward- June 25, 1994.
Carded Unanimous/v.
Smokine By-law
Alderman Norm Puttick advised that the no smoking by-law had come into effect at
Niagara Square on June 1, 1994.
Stamford Centre Volunteer Firefighters Carnival
Alderman Pat Cummings advised that the Stamford Centre Volunteer Firefighter's
Carnival would be held this weekend and invited everyone to attend.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
EIGHTEENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
June 27, 1994
Council met on Monday, June 27, 1994 at 6:55 p.m. in Committee of the Whole.
All members of Council, were present. Alderman Ed Shetar presided as Chairman.
Following consideration of the items presented, the Committee of the Whole arose
to report in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
Council Chambers
June 27, 1994
Council met on Monday, June 27, 1994 at 7:30 p.m. for the purpose of
considering Planning Matters and Regular Business. All members of Council, were
present. ' His Worship Mayor Thomson presided as Chairman. Alderman Sherat offered
the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that
the Minutes of the Special Council Meeting of June 8, 1994 and the Planning Meeting of
June 13, 1994 be adopted. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Fermino Susin indicated a pecuniary interest on Report CD-94-31, because
members of his family are volunteer firefighters; and indicated a pecuniary interest on'
Report F-94-24, Cheque No. 203257 because he leases the building.
Alderman Bruce Cowan indicated a pecuniary interest on Report/:-94-24, CheqUe
Nos. 203088 and 203421; and indicated a pecuniary interest on Report L~94-35 and By-
law No. 94-182 because the organization/s his employer.
Alderman Kim Craitor indicated a pecuniary interest on Report F94-24, Cheque No.
203216, because he sits on the Board as a volunteer member,
Alderman Pat Cummings indicated a pecuniary interest on Report F94-24, Chdque
Nos. M90196 and 203367 because his wife is employed by the organization,
Aldermen Hendershot and Janvary indicated a pecuniary interest on Report F-~4-24,
Cheque No. 203470 because the recipient is their employer.
;~lderman Bruce Ward indicated a pecuniary interest on Report PD-94.95, because he
has a business relationship with the organization.
,,.2
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PRESENTATIONS
Niagara Falls Minor Thunder PoeWee "AAA"
1993-1994 Ontario Minor Hockey Association Champions
His Worship Mayor Thomson presented tokens of appreciation on behalf of the City
to the following 1993-1994 Ontario Minor Hockey Association Champions: Matthew
Catherwood; Jeff Corey; Craig Cosby; Kevin Dellman; Joshua Dunn; Domenic El/a;
Michael Grzebinski; Patrick Huffman; Zenon Konopka; Michael MacDonald; Nathan Milan/;
Lorne Misita; David Morton; Winn Opatovsky; Michael Orr; Jay Pugliese; J.J. Quaranta;
Jason Sj~awana and Ethan Stempski; who were accompanied by their coaches - Paul
Amirault; AI Boone; Brandon Boone; Jeff McAIlister and Dr. Batty Smith.
His Worship Mayor Thomson congratulated the participants and thanked the coac. hes
for their efforts in helping the young people in our community.
DEPUTATiONS
Winter Festival of Liqhts
Mr. Ron Buffet discussed the Economic Impact of the Winter Festival of Lights Study;
referred to the major benefits of the Festival and reviewed the upcoming 1994 Winter
Festival of Lights events including a new Wait Disney motion lights d/splay of the "L/on
King" and the needed expansion of activities between the opening of the Festival and the
New Year's Eve celebrations,
Mr. Buffet thanked members for the opportunity to address Council.
Niagara Falls Museum
Mr. Jacob Sherman, Director of Operations, Niagara Falls Museum informed thai the
Niagara Fails Musuem's mandate was to bring new and innovative projects to the City;
and commented on projects such as the "Haunted Museum" and the first "Rock and
Mineral Show". Mr. Sherman provided information regarding the introduction of the
Museum's "Royal Exhibitions" which were reproductions of the King Tut Collection and
the British Crown Jewels Col/action; and introduced a "Beefeater" who would be available
during the exhfl)ition to enhance the on-site protection of the Crown Jewels.
Mr. Sherman invited the Mayor and members of Council to attend a ribbon cutting
ceremony on July 4, 1994 at 2:00 p.m. at the Niagara Fails Museum.
His Worship Mayor Thomson thanked Mr. Sherman for his presentation.
Concerned Citizens Committee
Mr. Robert Brooker thanked members of Council for the opportunity to make a
presentation regarding the issue of casino gambling and the holding of a referendum; he
discussed the undertaking of an independent survey by Dr. Ann Marie Gullmotto and Dr,
Laurel Reid from Brock University to determine whether or not the citizens of Niagara ~alls
want a referendum on the issue of a casino being established; and referred to the
summary of the report entitled "Referendum; City of Niagara Falls Resident Survey".
- 3-
Mr. Brooker distributed copies of the report for Council's information and requested
that members of Council reconsider their decision and provide the citizens of Niagara Falls
with a referendum in conjunction with the upcoming municipal elections. Mr. Brooker
introduced Dr. Ann Marie Gullmotto, who provided information on the purpose and
objectives of the survey; the methods used to conduct the survey and the results.
Following some discussion, it was ORDERED on the motion of Alderman Puttick,
seconded b y Alderman Ward that the matter be referred to the Casino Gaming Committee
for review. Carried Unanimously.
COMMUNICATIONS
Communication No. 205 - United Way of Niagara Falls - Re: Corporate Challenge. The
communication expresses appreciation to the City for their assistance with the Corporate
Challenge.
ORDERED on the mo t/on of Alderman Cummings, seconded by Alderman Cowan, that the
communication be received and filed for the informat/on of Coun/cl; and further that
letters of congratulations be forwarded to Cynthia Robarts; V/to Scaring/, Buddy Lowe;
Ken Haaslip and staff members at Oakes Park for their assistance in the Corporate
Challenge; and that letters of congratulations be forwarded to the Municipal team
members that participated and placed Third/n this year's Corporate Challenge. Carried
UnanimousIv.
Communication No. 206 - Joe Veres, Stevensville, Ontario - Re: Casino Questionnaire.
The communication requests that a response be provided to the questions submitted on
the questionnaire.
ORDERED on the motion of Alderman Ward, seconded by Alderman Puttick, that the
matter be referred to the Casino Gaming Committee. Carried Unanimously.
Communication No. 207 - Champion Photochemistry - Re: Sewer Use By-law, The
communication provides information regarding exempt/on for certain sewer dischargers
of industrial effluents.
ORDERED on the mot/on of Alderman Susin, seconded by Alderman Cummings, that the
matter be referred to staff. Carried Unanimous/v.
Communication No. 208 - The Niagara Parks Commission - Re: Friday Fireworks Displays.
The communication requests permission from Council to have Falls Friday Fireworks at
10:00 p.m. from July 1st to Labour Day.
ORDERED on the motion of Alderman Ward, seconded by Alderman Germano, that tt~e
request be approved subject to established policy. Carded Unanimously.
Communication No. 209 - Multiple Sclerosis Society of Canada - Re: Proclamation. The
communication requests Counc~ proclaim Sunday, September 11, 1994 as "Noranda
Forest Multiple Sclerosis Bike Tour Day".
ORDERED on the motion of AIderman Cummings, seconded by Alderman Nendershot, that
the request be supported sub/oct to established policy. Carded Unanimously.
Communication No. 210 ~ Acres. Elizabeth Teunis, Run Organizer - Re: 14th Annual Terry
Fox Run. The communication requests that 1) Council approve the event being held on
Sunday, September 18, 1994; and 2) requests permission to hang a banner on Stanley
Avenue, announcing the Terry Fox Run from September 6-20, 1994.
Following some discussion it was ORDERED on the motion of Alderman Hendershot,
seconded by Alderman Germano that request I) be approved subject to the normal Parks
& Recreation procedure; and that request 2) be granted subject ot the approval of other
agencies; and further that members of Council form a "Dream Team" and participate/n
the event this year. Carried UnanimousIv.
...4
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Achievement Awards
His Worship Mayor Thomson presented Achievement Awards to Tom Robinson,
in recognition of the Harvard University Top Delegate Award; Sandro De Angelis, in
recognition of "Football is Fun" Championship for Punt, Pass & Kick; the A.N. Myer
Women's Rugby Team, in recognition of the Ontario Rugby Union 7-A-Side Provincial
Championships - Kate Allan, Jennifer Costclio, Wonne De Rusha, Julie Foster,
Leigh-Ann Hearn, Cheri Irving, Misty Lattimer, Kirsten Mclntosh, Michelle Sirianni,
Mary Velpel;
Mayor Thomson presented awards to the following Stamford Collegiate students
,in recognition of their contributions and outstanding volunteer efforts during the 1994
Festival of Lights - Dave Flier, Chad Goodman, Mindy Kellam, Tina Lachance, Stacey
Laliberte, Lisa Lipka, Dave Miller, Jim Prentice, Karen Sawdon, John Siebel, Kori
SIcan, Dave Stewart; and the Stamford Collegiate Technical Theatre Crew.
His Worship Mayor Thomson presented a token of appreciation, on behalf of
members of Council to Mr. Willie Noiles, of the Chronicle and wished him the best of
luck in his future endeavours.
DEPUTATIONS
Barbara Macdonald, President, Canadian Union of Public Employees, Local
133 addressed Council regarding the CiEy's Proposal to contract out sanitation services.
Mrs. Macdonald advised that C.U.P.E Local f33 was opposed to the contracting out of
any municipal services currently provided by the City's work force and indicated that a
proposal to increase the use of contracting out would have profound negative financial
implications for the City; would have negative effects on the quality of service provided
to the community; could have negative health and safety implications and devastating
labour relations effects. Mrs. Macdonald requested that Council consider retaining the
sanitation operation and the C.U.P.E. workforce,
- AND -
Report MW-95-f4 - Chief Administrative Officer - Re: Contract 95-27, Solid Waste
Collection and Hauling. The report recommends that Contract 95-27 be awarded to
Laidlaw Waste Systems Ltd., for the 5 year period from April 1, ~995 to March 31, 2000.
The Solicitor advised that Ontario Municipal Board approval was not required if
Provincial guidelines were met and stated the City was within the 25% range.
The Director of Community Services advised the City's objective and plan
regarding the contracting out of Collection and Hauling of Solid Waste was to reduce
costs; reviewed the Tenders and Proposals from the Private Sector and C.U.P.E, Local
f33 and ~e Rye Year Forecast of the Laidlaw bid vs. the Current Costs/Status Quo
Summary.
His Worship Mayor Thomson received indication that Mr. Allan Lupstra, General
Manager, Laidlaw Waste Systems Ltd. was in attendance.
Mr. Lupstra, responded to comments regarding financial, safety, budget and
service ramifications; and assured Council of the high customer setvice, training and
safety standards of the Laidlaw Company.
The Director of Community Services provided clarification and assurances
regarding permanent and temporary employee positions.
-3
Following further discussion, it was ORDERED on the motion of Alderman
Campbell, seconded by Alderman Pietrangelo, that a vote be taken separately with
respect to the Laidlaw contract and the employee issue. Carried Unanimously.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that staff
report back to Council on the permanent and temporary employment situation arising
from this contract, with assurances that there would be no long-term impact on any
permanent or temporary employee of the municipality as a result of this contracting out.
The motion Carried with Alderman Hendershot abstaining from the vote on a conflict of
interest previously noted and with aft others voting in favour.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that
Report MW-95-14 be received and adopted. The motion Carried with Aldermen
Campbell and Orr voting contrary to the motion and with all others voting in favour.
COMMUNICATIONS
Communication No. 21 - Ministry of Citizenship/Ministry of Culture, Tourism and
Recreation Re: Creation of a 2S-year category within the Volunteer Service Awards
program. The communication provides information regarding the 25-year category
program and re~tuests nominations for the 1995 Volunteer Awards. ..
ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the
matter be referred to sta~.. Carried Unanimously.
REPORTS
RA TIRCA TION OF MUNICIPAL WORKS COMMITI'EE ACTIONS.
ORDERED on the motion of Alderman Hendershot, seconded by AIderman Cummings,
that the actions taken on the following matters by the Municipal Works Committee,
earlier this evening be approved.
That the Minutes of January 16, 1995 Municipal Works Committee meeting be
adopted;
That the mandate of Municipal Works Committee be changed to Community
Services Committee;
That Alderman Fermino Susin be appointed as Vice-Chairperson of the
Community Services Committee;
MW-95-f4 - Contract 95-27 - Solid Waste Collection and Hauling - that Report
MW-95-14 be deferred to City Council for Open Discussion. - Alderman
Hendershot declared a conflict of interest;
PD-95-16 -Pat Ramunno - Relief from Site Plan Control - that the request to
phase in the improvements required under Site Plan Control be accepted as
outlined in Report PD-95-f6, with the exception of the Securities;
MW-95-16 - Public Information Session for Valley Way, Stanley Avenue,
Alexander Crescent & Inglis Drive - that the information contained in this report
be received and filed for information - Alderman Susin declared a conflict of
interest;
Grow-Rich Cornposting Facility on Garner Road - Odour Complaints - That
Alderman Victor Pietrangelo be appointed to serve as representative of Council
on the Public Liaison Committee dealing with Remedial Action and Long Term
Operations of the Cornposting Operations on Garner Road;
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- 7 -
-5,
MW-94-147 - Municipal Culvert Appraisal Update Consulting Services Agreement ~
that the firm of C. C. Parker Consultants Ltd. be retained to carry out the Municipal
Culvert Appraisal Update and the authorizing By-law be approved.
See By-law 94-177
MW-94-148 - Contract No, 94-16 - Contract for T. V. Inspection of Sanitary Sewers
(Retendered per direction of the Municipal Works Committee at the meeting held on
May 30, 1994 - Report MW-94-116 - that the unit prices submitted by the low
tenderer, Trans-Video Inspection Ltd. be accepted for the above-noted Contract and
the authorizing By-law. be passed- Alderman Form/no Susin opposed.
See Bv-law No. 94-178
MW-94-146 - Contract 88-229-fl - Finished Road Construction/Scholfield Road
Contract 88-230-fl - Mount Forest IV & Sunnyside 111 Subdivisions - that the unit
prices submitted by the low tendeter, Steed & Evans Limited, be accepted for the
above-noted Contract and the authorizing By-law be passed subject to receiving
additional funding from the Developer of the Mount Forest IV Subdivision - Alderman
Form/no Susin opposed;
MW-94-149 - Quotation #86-94 - Grinding of Brush - that after contracting the
Niagara Parks Commission to see ff they have equipment that the City could borrow,
ff it is determined that the City cannot obtain the grinder necessary that Sel Recycling
be retained to carry out grinding of brush at the City's Mountain Road Landfill Site at
an estimated cost of $19,516.80;
Request from Mr. Joseph Sloan for reimbursement of ~ 188 for Tipping Fees paid for
disposal of shingles and roofing materials - that Mr. Joseph Sloan be reimbursed ~ 188
for costs incurred for Tipping Fees - Aldermen Norm Puttick; Alderman Pat Cummings;
Alderman Bruce Ward and Alderman Ed Sherar - opposed;
Niagara North Board ~f Waste Management (Attendance at Meetings - Request for
Selection of Alternates) - that Alderman Margaret Germano be appointed as the
Alternate for the Niagara North Board of Waste Management.
The motion Carried with Aldermen Cowan; Sherar; Orr and Susin voting contrary to
Report MW-94-150; Alderman Orr and Mayor Thomson voting contrary to Report MW-94-
124 - and Alderman Susin declaring a conflict of interest on the Attachment Report MW-
89-140 - Table 2 Item 1 ) Arthur, Duke and Morden Works; Alderman Sus/n voting contrary
to Report MWo94-148; Aldermen Puttick; Cummings; ~Ward and Sherar voting contrary
to the reimbursement of ~ 188 for tipping fees to Mr. Joseph Slosh and with all others
voting in. favour.
lYR-94-09 - Chief Administrative Officer - United Way Incentive Program for Civic
Employees. The report recommends that Council approve two one-week vacations (5 days
each) to be awarded to the winners of the City's 1994 United Way Indentive Program
draws,
ORDERED on the motion of Alderman Cra/tor, seconded by Alderman Germano, that the
report be received and adopted. Carded Unanimously.
PD-94-95 - Chief Administrative Officer - Re: Proposed Plan of Subdivision File No. 26T-
94007 Walker Heights Subdivision; St. David'a Development Corporation. The report
recommends that the Planning Department be authorized to prOcess the application for
the Walker Heights Subdivision, and that a subsequent report be prepared for Council's
consideration based on the information received from various agencies, City departments
and the public.
His Worship Mayor Thomson stated that the purpose of the report was to inform
members of Council and the public that an application was being considered for the
Walker Heights Subdivision which is within the Calaguiro Estates Plan of Subdivision on
Mountain Road.
His Worship Mayor Thomson advised that the public meeting was being held to
provide the developer an opportunity to inform Council and the public about the proposed
subdivision and to receive public input, and that ff any concerns were raised, they would
be addressed where possible, through the appropriate stage of the subdivision process,
Mayor Thomson received indication that Mr. Michael Watt, Manager of Development
Projects,. Walker Industries, was in attendance on behalf of the applicant.
Mr. Michael Watt advised that the major issues had been addressed regarding the
subdivision and that the concerns of the residents had been met; he indicated that the
zoning by-law would be brought forward to the August 8, 1994 Planning meeting..Mr.
Watt further advised that the site grading work was to be done this winter and the first
phase of servicing would be performed next year; he referred to the uniqueness of the
s/to; and maintained that the proposed golf course would enhance the area and requested
that Council consider an overaft servicing scheme for the whole area not just the
clubhouse.
Mr. Watt introduced Mr. Glen Barker, Miller O'Dell and Mr, Robert Martin, Martin
Engineering.
Mr. Barker advised that the issues raised regarding the subdivision design features for
the linked road network had been addressed; referred to the provision of a cul-de-sac to
service the estate and manor homes; discussed the maximum building height of 4 storeys,
south of the proposed road and the maximum 5-storey building height for the units
ironring St. Paul Street; he referred to extensive site recontouring for the following
reasons: to max/mite the views and vistas from each development area; to provide
walkouts to the manor and estate homes; and to preserve the trees and valley system.
Mr. Barker stated that they would be working closely with the Niagara Peninsula
Conservation Authority, municipal staff and the area residents to preserve the valley
system and the trees on the site and responded to concerns regarding the maximum
density requirements in the City's Official Plan and the proposal
Mrs. Kitt Thompson, 6425 January Drive, expressed concerns as being the closest
property to the development and requested that the park/and located in the area would'
be l~reserved and asked that she be kept informed of any further developments regarding
the wooded areas to the west.
His Worship Mayor Thomson received a negative response to his request whether
there was anyone in attendance with any further concerns.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that
the report be received and adopted. The motion Carried with Alderman Ward abstaining
from the vote on a conflict of interest previously noted and with all others voting in
fav~ur,
PD-94-98 - Chief Administrative Officer- Re: Proposed Plan of Subdivision; File No.. 26T-
94006 Grossi Court Subdlvis/on; Gross/Homes Ltd. The report recommends that the
P/arming Department be authorized to process the application for the Gross/Court
· Subdivision, and that a subsequent report be prepared for Council's cons/deation b~sed
on the informat/on received from various agencies, City departments and the public.
-8-
His Worship Mayor Thomson stated that the purpose of the report was to inform
members of Council and the public that an application was being considered for the Gross/
Court Subdivision which is within the Hillsdale Estates Subdivision on Thorold Stone
Road.
His Worship Mayor Thomson advised that the public meeting was being held to
provide the developer an opportunity to inform Council and the public about the proposed
subdivision and to receive public input, and that ff any concerns were raised, they would
be addressed where possible, through the appropriate stage of the subdivision process.
Mayor Thomson received indication that Mr. Dick Hodge, was in attendance on behalf
of the applicant.
Mr. Hodge advised the lots would be 40 foot lots with single detached homes as
opposed to townhouse units.
His Worship Mayor Thomson received a negative response to his request whether
there was anyone in attendance with any further concerns,
ORDERED on the motion of Alderman Germano, seconded by Alderman Cummings, that
· the report be received and adopted. Carried Unanimously.
PD-94-99 ~ Chief Administrative Officer- Re: Proposed Revised Plan of Subdivision 26T-
93008; Soutl~wast corner. of Mountain & Mewburn Road. The report recommends the
following:
Is}
That the City of Niagara Falls agrees to accept Block 87 on draft plan of
subdivision respecting Mewburn Heights, free and clear of all encumbrances and
for nominal consideration;
That Block 87 be kept free of any buildings or structures which might significantly
affect the site lines of the lands owned by 663848 Ontario Inc. which are located
adjacent and west of the proposed subdivision;
That all vegetation on Block 87 be planted/n such a manner so as not to
significantly obstruct the s/re lines to the 663848 Ontario Inc. lands;
That 663848 Ontario Inc., successors and asigns /n tit/e, be permitted to enter
upon Block 87 and to trim all existing vegetation so as not significantly to obstruct
the 'site lines to 663848 Ontario inc./ands, provided that they give the City at
/east 21 days notice of their intention to enter the property and any plans to trim
the vegetation will be approved by the City, which approval will not be
unreasonably withheld;
e) · That all of the above to comply with all Federal, Provincial and Municipal laws, by-
laws, regulations and policies;
2. That the Region be advised of the latest revised plan and the amended conditions as
attached.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously. '
PD-94-97 - Chief Administrative Officer Re: Niagara Escarpment Commission Permit;
Pinetree. Village Trailer Park; To Connect 16 Units to Water Supply, The report
recommends the following:
That Council support the extension of a municipal water supply and recognize 16
existing mobile home sites subject to the conditions outlined/n this report;
o 9 -
2. That a copy of this report be submitted to the Niagara Escarpment Commission.
ORDERED on the motion of Alderman Germano, seconded by Alderman Craitor, that the
report be received and adopted, Carried Unanimously.
R-94-46 - Chief Administrative Officer - Re: Design and Construct/on of Community
Bulletin Boards. The report recommends the following:
That Council approve the proposed design of the Community Bulletin Boards and
authorize a maximum expenditure of ~3,000.00 for the materials to construct seven
Community Bulletin Boards;
2. That the Community Bulletin Board intended for Centennial Square be incorporated
into the design plans for Centennial Square and presented to Council at a later date.
Following some discussion, it was ORDERED on the motion of Alderman Susin,
seconded by Alderman Orr, that the issue of "Welcome Signs" be referred to staff for a
report. Carried Unanimously.
ORDERED on the mbtion of Alderman Hendershot, seconded by Alderman Cowan, that
the report be deferred for further information. Carried Unanimously.
F94-24 - Chief Administrative Officer - Re: Municipal Accounts. The report recommences
that the accounts total//ng ~16,760, 159.47 for the period ending June 27, 1994, be
approved by the passing of the by-law appearing later on the agenda.
ORDERED on the mot/on of Alderman Cummings, seconded by Alderman Fisher, that the
report b~ received and adopted. The mot/on Carried with Aldermen Craftor, Cowan,
Cummings, Janvary, Hendershot, Susin and Ward abstaining from the vote on conflicts
of interest prev/:ously noted and with all ethers voting in favour.
See By-law No. 94-183
RA T/F/CA T/ON OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of AIderman Cummings, seconded by Alderman Hendershot, that
the actions taken on the following matters by the Finance Committee, earlier this evening
be ~pproved.
1. That the Minutes of the June 13th, 1994, Finance Committee Meeting be adopted a~
recorded.
2. YMCA of Niagara Falls - Niagara Falls - Progress Report - to receive and file the
~ Progress Report of the YMCA of Niagara Falls.
#
The Royal Canadian Naval Association - to approve a contribution of $300 to The
Royal Canadian Naval Association to be used towards the Burlington Memorial
Mon~2ment Fund.
Report R-94-45 - Arts and Culture Commission - 1995 Budget Direction - that the
Finance Committee and Council approve a policy for the current fiscal year of zero or
less increase in permissive grants with no new programs or grants being issued.'
Report R-94-47 - Revised Policy for Competition - Grants and New Activity Subsidy
Fund Policy - to endorse the revised policy for Competition Grants and the New
Activity Subsidy Fund Policy.
.Carried Unanimously
10-
11
CD-94-31 - Chief Administrative Officer o Re: Special Occasion permit; Willoughby
Volunteer Fire Department. The report recommends that Council indicate/t has no
object/on to the issuance of a Spedel Occasion Permit to the organization listed in this
Report.
ORDERED on the motion o/Alderman Hendershot, seconded by Alderman Cummings, that
the report be received and adopted. The motion Carried with Alderman Susin abstaining
from the vote on a conflict of interest previously noted and with all others voting in
favour.
CD-94-32 - Chief Administrative Officer- Re: Special Occasion Permit: United Way Media
S/o-Pitch Tournament. The report recommends that Council indicate/t has no object/on
to the issuance of e Special Occasion Permit to the organization listed in this Report.
ORDERED on the motion o/Alderman Hendershot, seconded by Alderman Cummings, that
· the report be received and adopted. Carried Unanimously.
CD~94-33 - Chief Administrative Officer - Re: Special Occasion Permit; Niagara Falls
Men's Fastball Association. The report recommends that Council indicate it has no
object/on to the issuance of a Special Occasion Permit to the organization listed in this
Report.
ORDERED on the mot/on o/Alderman Hendershot, seconded by Aldermen Cummings, that
the report be received and adopted. Carried Unanimously.
L-94-35 - Chief Administrative Officer - Re: Amendment to By-law No. 75-253, as
amended by By-law No. 93-155 Prohibiting Dogs from Fouling all Property in the City Of
Niagara Falls. The report recommends that Council approve of the by-law amending
law No. 75-253 and By-law No. 93-155 that prohibits dogs from fouling all property in
the City of Niagara Falls and increasing the fines for a conviction under the By-law from
~25.00 or $50.00 to ~5,000.00
ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the
report be received and adopted. The mot/on Carried with Alderman Cowan abstaining
from the vote on a conflict of interest previously recorded and with all others voting in
fayour.
See By-law 94-182
L-94-36 - Chief Administrative Officer - Re: 8ill 163, Municipal Planning. The report
recommends that the report is for the information of City Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Germano, that
the report be received and adopted. Carried UnanimousIv.
ORDERED on the motion of Alderman Susin, seconded by Alderman Cowan, that the
report be received and adopted. Carried Unanimously.
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Orr, that the
action taken on the following matters by Committee of the Whole, earlier this evening be
· epproved.
1. That the Chief Building Official be authorized to hold demolition of the Tower in
abeyance for two weeks subject to certain assurances by the owner.
Carried Unanimously
RESOLUTIONS
NO. 46 - CUMMINGS - HENDERSHOT - BE IT RESOLVED that a message of condolence
be forwarded to the family of the late Waiter Gifford Scott, a former Alderman of the City
of Niagara Falls and a former Member of Niagara Regional Council and well-respected
citizen of the community.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimous/V
NO. 47 - CUMMINGS - FISHER - BE IT RESOLVED THAT the Ministry of Transportation
and their contractor involved with Contract 20-94-406 for selective resurfac/ng on
Highways O.E.W. and 420 be herebey granted an exemption to the City of Niagara Falls
' Noixe By-law No. 75-35 (1967) as amended.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
B Y-LA WS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that leave
be granted to introduce the following by-laws, and the by-taws be read a first time:
94-173 A by-law to designate certain/and not to be subject to part lot control
94-174 A by-law to authorize the execution of a lease agreement with The Niagara
Parks Commission to/ease the land and buildings located at 9935 Niagara
Parkway for use as the site of the Willoughby Historical Museum.
94-175 .A by-law to provide for appointments to certain Boards, Commissions and
Committees.
L-94-37 - Chief Administrative Officer - Re: Willoughby Historical Museum - Renewal of
Lease Agreement. The report recommends that Council authorize the renewal of a/ease
agreement between The Niagara Parks Commission and the City for the use 'of the/arid
and buildings located at 9935 Niagara Parkway.
ORDERED on the mot/on of Alderman Ward, seconded by Alderman Cra/tor, that the
report be received and adopted. Carried Unanimously.
· See 8v-la w No. 94-174
L-94-38 - Chief Administrative Officer - Re: Fine Application; Palfinger, 4972 Dorchester
· Road. The report recommends that City Council approve the application for two wall
signs, having a combined area of 244 square feet for the ,Palfinger Inc. on the east side
of the building at 7942 Dorchester Road.
94-176 WITHDRAWN
· 94-177 A by-law to authorize the execution of a Consu/tant's Agreement with C.C.
Parker L/m/ted respecting a Municipal Culvert Appraisal Update.
94-178 A by-law to authorize the execution of an agreement with Trans-Video
Inspect/on L/m/ted for T. V. inspection of sewers.
94-179
A by-law to authorize the execution of an agreement with Steed and Evans
Limited for finished road construction on Scholfield Road, Mount Forest IV and
Sunnyside III Subdivisions,
94-180 A by-law to amendBy-law 79-200, as amended. iAM-13/94, 488745 Ontario
Limited)
12-
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94-181 A by-law to amendBy-law 85-238, respecting the c/asses of development that
may be undertaken in site p/an control areas.
94-182
94-183
A by-law to amend By-law No. 75-253, being a by-law to provide for the
licencing and regulating the keeping of dogs.
A by-law to authorize monies for General Purposes (June 27, 1994).
The motion Carried with Aldermen Craitor, Cowan, Cummings, Janvary, Hendershot,
Susin and Ward abstaining from the vote on By-law No. 94-183 on conflicts of interest
- previously noted; Alderman Cowan abstaining from the vote on By-law No. 94-182 on a
conflict of interest previously noted and with a// others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
following by-laws be now read a second and third time:
94-173
94-174
A by-law to designate certain land not to be subject to part lot control
... 12
A by-law to authorize the execution of a lease agreement with The Niagara
Parks Commission to lease the land and buildings located at 9935 Niagara
Parkway for use as the site of the Willoughby Historical Museum.
94-175 A by-law to provide for appointments to certain Boards, Commissions and
Committees.
94-176. WITttDRA WN
94-177 A by-law to authorize the execution of a Consultant's Agreement with C.C.
Parker L/m/ted respecting a Municipal Culvert Appraisal Update.
- 94-178 A by-law to authorize the execution of an agreement with Trans-Video
Inspection Limited for T. V. inspection of sewers.
94-179
A by-law to authorize the execution of an agreement with Steed and Evans
L/m/ted for f/n/shed road construct/on on Scholfie/d Road, Mount Forest IV and
Sunnyside III Subdivisions.
94-180 A by-law to amendBy-law 79-200, as amended. (AM-13/94, 488745 Ontario
Limited) t
94-18 1 ' A by-law to amend By-law 85-238, respecting the classes of development that
may be undertaken in site plan control areas.
94-182 A by-law to amend By-law No. 75-253, being a by-law to provide for the
I/cenc/ng and regulating the keeping of dogs.
94-183 A by-law to authorize monies for Genera/Purposes (June 27, t994).
The motion Carried with Aldermen Craitor, Cowan, Cummings, Janvary, Hendershot,
Susin and Ward abstaining from the vote on By-law No. 94-183 on conflicts of interest
· previously noted; Alderman Cowan abstaining from the vote on By-law No. 94-182 on a
conflict of interest previously noted and with all others voting in fayour.
NEW BUSINESS
Canada Dav Act/v/ties
Alderman Gary Hendershot provided highlights of the Canada Day activities on July
1, 1994 at Optimist Park to include the Antique Classic Car Show; Good Citizen Awards;
Special Performance by Natalie Hall, the World Highland Dance Champion.
Alderman Hendershot thanked Aldermen Craitor, Germano, Janvary and Fisher for
their assistance in preparing for the festivities; he provided Canada Day flags to members
of Council and staff and invited everyone to attend the celebrations.
Willouqhbv Conqregational Christian Church
His Worship Mayor Thomson referred to correspondence received from the Willoughby
Congregational Christ/an Church regarding the flood problems and the lack of ditch
maintenance.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Craitor, that the
matter be referred tb staff for further investigation. Carried Unanimous/_y_~.
Niagara Falls Taxi
His Worship Mayor Thomson referred to correspondence received by Niagara Taxi
Company expressing concerns regarding increasing the issuance of taxi licences by the
Police Services Board and requesting that the matter be looked into.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Ward, that the
matter be referred to staff for investigation. Carried UnanimousIv,_
Poo/~ & Scoo17 By-law
Alderman Norm Puttick referred to correspondence received from Mr, Tom Graham
express/rig concerns regarding the public cleaning up after their pets/n the commun/[y
and requesting a response regard/rig the legality of the post/rig of signs.
Good Bye
Alderman Ed Sherar congratulated Laura Graham, Manager, Parks and Recreation, on
· her upcoming marriage and wished her all the best in her future endeavours.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the
meeting be adjourned. Carried Unanimously.
REA'D AND ADOPTED,
MAYOR WAYNE THOMSON
NINETEENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
July 11, 1994
Council met on Monday, July 11, 1994 at 7:00 p.m. in Committee of the Whole.
· All members of Council, with the exception of Alderman Orr, who was absent due to the
illness of a family member, were present. Alderman Bruce Cowan presided as Chairman.
Following consideration of the items presented, the Committee of the Whole arose
to report in open session.
READ AND ADOPTED,
.........
MAYOR WAYNE THOMSON
Council Chambers
July 1 I, 1994
Council met on Monday, July 11, 1994 at 7:30p. m. for the purpose of considering
Planning Matters and Regular Business. All members of Council, with the exception of
Alderman Orr, who was absent due to the illness of a family member, were present. His
Worship Mayor Thomson presided as Chairman. Alderman Cowan offered the Opening
Prayer.
Prior to dealing with Planning Matters, His Worship Mayor Thomson suggested that
the Niagara Parks Commission Deputation be brought forward and introduced Pamela
Vetill Walker, Chairman, The Niagara Parks Commission, who discussed the projects of
the Niagara Parks Commission; referred to a plan that would direct the future of the park
[nclud/ng the construct/on of a Butterfly Conservatory in 1995-1996 at a cost of ~10
mill/on. Ms. Walker advised that Mr. Dennis Schafer, General Manager and Mr, John
Morley, D/rector of Horticulture were also in attendance and introduced Mr. Morley.
Mr. John Morley provided an overview of the Niagara Parks Commission Master
Plan with the aid of posted sketches; discussed the inclusion of a Visitor's Information
Centre; ~ major expansion of the perennial gardens; an expansion of the aquatic gardens
including an oriental tea house and butterfly gardens; a future trans system; indicated that
the Butterfly Conservatory was intended to be a year-round attract/on with a 200-seat
auditor/urn. Mr. Morley advised that the Niagara Parks Commission was looking forward
to the implementation of the p/an and thanked Council for the opportunity to introduce
the plan.
Ms. Pamela Verill Walker thanked members of Council and staff for their assis tance
and support and for the opportunity to have served as Chairman on the Niagara Parks
Corn. mission for the past eight years.
His Worship Mayor Thomson presented a token of appreciation to Ms. Walker on
behalf of the community and members of Council for her efforts and involvement on the
Niagara Parks Commission and wished her all the best in her future endeavours.
- 2 -
- 3 -
HIs Worship Mayor Thomson introduced Mr. Eric Wood, 6175 Skinner Street, who
discussed and referred to By-law 93-143, which c/a/ms that "No owner//canseal in
accordance with the By-law she//permit any person under the age of eighteen (18) years
to enter or remain/n any adult entertainment par/our or any part thereof, owned or
operated by him or her, when the services designed to appeal to erotic or sexual appetites
or inclinations are being provided". Mr. Wood presented a brief outline of events leading
to his attendance at Council; and requested that further investigations be carried out prior
to permitting an application renewal for an establishment ca/led "Seductions ':
The Assistant Solicitor provided information regarding the enforcement of the By-
law; and advised that other issues on the matter would be investigated with a report to
coma back to Council. He further advised that under Section 225 of the Municipal Act,
the municipality had the authority to prevent persons under the age of 18 from entering
such premises.
During further discussion, the Assistant Solicitor responded to questions raised
with respect to the revoking of a I/cence and advised that the By-law states there is a
requirement of giving notice to the individual of the municipality's intention to revoke the
licerice.
The City Clerk advised the application was on hand, while waiting for appropriate
reports to be submitted prior to issuing the//cence and indicated there are certain other
provisions in the by-law dealing with the Clerk refusing to grant a licence and advised that
the licence for the establishment in question had not as yet been issued.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Hendershot, that '
staff look into the legal status of the matter and that a report be brought back. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Cummings indica ted a pecuniary interest on Report F94-25, Cheque No.
203507, because he is a member of the Stamford Centre Volunteer Firefighters.
Aldermen Hendershot and Jan vary indicated a pecuniary interest on Report F-94-
25, Cheque No. 203611 and Report R-94-52, because the recipient/s their employer.
Alderman Ward indicated a pecuniary interest on Report F94-25, Cheque N~.
203553, because the company is owned by a relative.
PLANNING MATTERS
PD-94-103 - Chief Administrative Officer - Re: Zonin9 By-law Amendment Application;
AM-15/94, Chlppawa Parkway, The report recommends that Council support the
application to change the zoning classif/cat/on of the subject property from Tourist
Commercial [TC) to Residential Single Family 1E Density Zone {R 1E), conditional upon the
applicant dedicating lands for road purposes/n accordance with municipal policy.
- AND -
Communication No. 219 - Regional Public Works Department. The communication
advises as having no objections to the rezon/ng application, but notes that the Chippawa
Community san/tory sewer system experiences a high degreeof inflow/infiltration as weft
as some structural difficulties which are to be addressed prior to and/or/n conjunction
with development proceeding.
Communication No. 220 - Niagara Peninsula Conservation Authority. The communication
advises as having no objections to the application.
Communication No. 221 - Mrs. Nanette McKenzie Barkham, 3873 Front Street. The
communication advises as being in favour of the application.
Communication No. 222 -Vera and Alois Malina, 3844 Chippawa Parkway. The
communication suggests that an existing fence between the two properties remain as/s
and that where no physical fence exists, that a continuation of the fence fine to the street
remain as the standard.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Pubtic Meeting had been given in
accordance with the Regulations by marl to all persons assessed as of land within 120
matins of the subject lands on June I0, 1994.
His Worship Mayor Thomson received indication that the applicant was in
attendance; and raceNed a positive response to his request for a show of hands by
persons present who were interested in the application. He requested that all persons
wishing to receive further notice of the passage of the by-law submit their names and
addresses to the Cl~rk prior to leaving the meeting.
The Director of Planning and Development provided background information
included in Technical Report No. PD-94-100; Official Plan; Nature of the Zone Change;
Compatibility; Servicing and the Public Notification Process.
His Worship Mayor Thomson received a positive response to his request for
comments from persons, other than the applicant or his agent, in support of the
application, and received a negative response from persons opposed to the application.
Rosemary ttambling, 3866 Chippawa Parkway, indicated she was in support of the
proposed application.
Peter Grief, 3866 Chippawa Parkway, advised that he was/n fayour of the
application.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-15/94 closed.
ORDERED on the motion of AIderman Ward, seconded by Alderman Fisher, that the report
be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that.the
communications be received and filed. Carried Unanimously.
PD-94-105 - Zoning By-law Amendment Application; AM-18/94; 5609 Ellen Avenue &
5020 Centre Street; 576192 Ontario Ltd. (Pat Ramunno). The report recommends that
Council not support Zoning Amendment Application AM- 18/94 for the following reasons:
That the proposed pinball and electronic games establishment would appear to be
incompatible with the surrounding Centre Street business environment;
b) That relief from parking in the manner proposed represents a departure from the City's
cash-in-lieu of parking po//cW
c) That off-site parking in the location proposed would not represent good planning.
...4
-4-
-5-
- AND°
Communication No. 223 - Correspondence and a Petit/on from Concerned Centre Street
businesses. The communication expresses opposition to the proposed application.
Communication No. 224 -Niagara Peninsula Conservation Authority. The communication
advises as having no objection to the app#cat/on.
Communication No. 225 - Ministry of Natural Resources. The communication advises as
having no objection to the application.
Communication No. 226 - Brian Sinclair, Sinclair, Crowe, Solicitors. The communication
expresses objections to the application.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with the Regulations by mail to all persons assessed as of land within 120
metres of the subject lands on June I O, 1994.
His Worship Mayor Thomson received indication that the applicant, Mr. Pat
Ramunno, was in attendance; and received a positive response to his request for a show
of hands by persons present who were interested/n the application. He requested that
a~ persons wishing to receive further notice of the passage of the by-law submit their
names and addresses to the C/ark prior to leaving the meeting.
The Director of Planning and Development provided background infornTation
included in Technical Report No. PD-94-I02; Pinball and Electronic Games Machine
Establishment; Background; Nature of the Zoning Amendment; Licensing; Off-Site Parking;
Official Plan; Relief from "On-Site" Parking Requirements and the Public Notification
Process.
His Worship Mayor Thomson received a negative response to his request fbr
comments from persons, other thaR the applicant or his agent, in support of the
application, and received a positive response from persons opposed to the application.
Mr. Brian Sinclair, Solicitor suggested that the proposed parking spaces would be
too far from the property and the public should use the public parking facilities available;
he indicated that the type of facility being proposed Would create loitering in the area and
that such a facility should be located in a mail where it can be properly policed. · He
· mentioned that a considerable amount of upgrad/ng had been done and that the particular
use would be detrimental to the businesses in the area.
Mr. John Stranges, Oasis Motel addressed Council on behalf nf the concerned
businesses/n the area and advised of the strong opposition to the application; he
discussed concerns of youths loitering in the area that would discourage tourists from
entering Centre Street; he advised that many businesses and property owners had made
substantial financial investment in Centre Street by taking part/n a Streetscape
beautification project and expressed opposition to any bus/hess having a negative impact
on the merchants in the area.
Mr. Pat Rammuno responded to concerns regarding the proposed parking and
stated the requested three parking spaces were for his business and suggested that the
application for off-site parking and the proposed pinball and electronic games
establishment application be reviewed separately.
Mr. arranges gave indication that there was no opposition to the parking issue only
to a pinbail establishment.
Mr. Nick Rammuno advised that the proposal was for a m/hi-arcade with
approximately 10 machines which would be continuously monitored.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to Application AM-18/94 closed.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Germano, that the
request for off-site parking and commercial use be approved. The motion Carried with
Aldermen Sherar and Susin voting contrary to the motion and with all others voting in
favo ur.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
request fpr a proposed pinball and electronic games establishment rezoning on the Centre
Street property be denied. Carried Unanimously.
PD-94-I06 - Zoning By-law Amendment Application; AM-17/94; 6555 Lundy~ Lane,
Suncar Inc./David Johnston Architect, Inc. The report recommends that the rezon/ng of
the subject lot to a ~/te specific Parking (P) zone be approved to permit/t to be used for
surplus surface parking/n conjunction with the adjoining commercial property.
- AND -
Communication No. 227- Niagara Peninsula Conservation Authority. The communication
advises as having no objection to the proposed application.
Communication No. 228 - Ministry of Natural Resources. The communication advises as
having no objection to the proposed application.
Communication· No. 229 - The Regional Municipality of Niagara. The communication
advises as having no object/on to the rezoning application but requests that the
development be placed under site p/an control in order that concerns regarding road
widening; access; storm drainage; site services; permits and survey evidence be
addressed.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with the Regulations by mail to all persons assessed as of/and w/thin 120
metres of the subject/ands on June 10, 1994.
His Worship Mayo/Thomson received indication that Mr. Lorne Biladeau, was in
attendance on behalf of the applicant; and received a positive response to his request for
a show of hands by persons present who were interested in the application. He
requested that all persons wishing to receive further not/co of the passage of the by-law
submit their names and addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development provided background information
included in Technical Report No. PD-94-101; Nature of the Amendment; Official Plan;
PhySical Assessment; Nature of the Zoning Amendment; S/to Plan Control; and the Public
Notification Process.
His Worship Mayor Thomson received a negative response to his request for
comments from persons, other than the applicant or his agent, in support of the
application, and received a positive response from persons opposed to the application.
...6
- 6-
Mrs. Cynthia Milner, 5827 Glenholme Avenue, expressed concerns regarding the
proposed parking; suggested the use of//m/ted time parking and the patrolling of the area
after hours; she stated that she has a young family and did not wish to have any further
problems in the area.
Mr. John Simich, Lundy's Lane, inquired what type of establishment was being
proposed; and expressed concerns regarding a 24-hour establishment and fast food
restaurants.
Mr. Lorne Biladeau, 1110 Shoppard Ave. Toronto, responded to concerns regarding
the issue of loitering; discussed the provision of proper lighting and having
timed parking in the area; advised of the installat/on of appropriate fencing and
/andscoping and maintaining an extensive recycling program and c/eanup of the site;
stated that the s/to would not be feasible for a 24-hour operation if only 12 parking
spaces would be permitted.
Mr. G. Phillips, 5762 Glenholme Avenue, expressed concerns regard/rig water
rune/f; discussed the issue of "No Parking" signs on the boulevard; and high flow of
traffic and use of four-way stops at the corner of Glenhe/me and High Street· Mr. Phillips
was advised to contact the Parking and Traffic Committee with his concerns where the
mafter would be dealt with.
The Director of Planning and Development responded to questions raised and
suggested that Council need not pass a zoning by-law until the developer enters into a
site p/an agreement and posts a bond.
During further discussions, the Director of Planning responded to concerns
regarding residential and commercial rezoning and advised the property was zoned f~r
resident/a/purposes and the developer could not utilize it for parking purposes.
Mr. Ken Allen, 5836 Highland Avenue, expressed concerns regarding excessive
noise from the proposed establishment and indicated that a high fence would not buffer
the sound.
Since no further comments were forthcoming, His Worship Mayor Thomson
declared the Public Meeting with regard to the Application AM-17/94, be closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
application be denied. Carried Unanimously. ~
ORDERED on the mot/on of Alderman Cummings, seconded by Alderman Fisher, that the
communications be received and filed. Carried Unanimously.
PD-94-104 - Chief Administrative Officer- Re: Request for Extension to Draft Plan
Approval; Ascot Woods Extension 5; 26T-89038 (Revised). The report recommends the
folio wing:
I. That a Council resolution supporting a one-year extension to the Ascot Woods
Extension 5 Draft Plan of Subdivision be adopted conditional upon the applicant
maintaining the appropriate subdivision sign which complies with Municipal and
Regional requirements;
2. That a copy of this report and Council's resolution be forwarded to the Regional
Municipality of Niagara.
See Resolution No. 50
- 7-
PD-94-107 - Chief Administrative Officer- Re: Comments on Regional Planning Report
PD-94-55; Proposed We/land Canals Parkway Development Plan. The report recommends
that Council support the concept of a Welland Canal Parkway and forward a copy to the
Regional N/agora P/arming and Development Department for considerat/on.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sus/n, that the
report be received and adopted, Carried Unanimous/v.
PD-94-108 - Chief Administrative Officer - Re: Comments to the Ministry of Municipal
Affairs on the Town of Niagara-on-the-Lake Proposed Official Plan. The report
recommends that Council inform the Ministry of Municipal Affairs by the forwarding of
this report, that the City of N/agora Falls has no objections to the approval of the Town
of Niagara-on-the-Lake's proposed Off/c/a/P/an.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
· REGULAR COUNCIL MATTERS
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that
the Minutes of the Regular Meeting of June 27, 1994 be adopted as printed. Carried
Unanimously.
COMMUNICATIONS
Communication No. 230 - Ministry of Finance - Re: Fee for Supplementary Assessments.
The cor~munication provides information regarding a recent dec/s/on by the Ontario
Government to .charge a fee for supplementary assessments·
ORDERED on the mot/on of Alderman Susin, seconded by Alderman Cummings, that the
matter be referred to F/nonce Committee. Carried Unanimous/v._
Communication No. 231 - Navy League of Canada, Niagara Falls Branch - Re: Refund of
Arena Rental Fee. The communication requests Council consider a reimbursement of the
rental fee for the use of Jack Bell Arena for the Royal Canadian Sea Cadet Corps
Niagara's Annual Inspect/on on June 4, 1994.
ORD. ERED on the mot/on Of Alderman Hendershot, seconded by Alderman Craitor, that
the rental fee be reimbursed. Carried Unanimously.
Communication No. 232 - Town of Newmarket, Office of the Town Clerk - Re: Bell
Canada, Gross Receipts Tax System; Provincial Review of System· The communication
asks Council to endorse a resolution requesting the Provincial Government to broaden the
tax base by requiring companies other than Bell Canada to pay the gross receipt tax and
that the revenues obtained by Be//Canada and other companies be retained by local
municipal/ties.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
request be supported. The motion Carried with Aldermen Cra/tor, Germane and Puttick
voting contrary to the mot/on and with all others voting in favour.
Communication No. 233 - Brock University Students' Union Inc. o Re: Fundraiser. The
communication requests Council permit the Brock University Students ' Union Shinerarea
Days from September 6 to September 12, 1994; and to permit the "Shinerains"
part/c/pants to use public locations such as main streets in N/agora Fails, on Saturday,
September lO, 1994 from 10:00 a.m. to 5:00 p.m. to shine shoes and car windows as
a fundraiser for the Canadian Cyst/c Rbrosis Foundat/on.
ORDERED on the mot/on o/Alderman Cummings, seconded by Alderman Sherar, that the
requ. ests be supported. Carried Unanimously.
.eeB
-8-
Communication No. 234 - The Arthritis Society, Niagara Region Office - Re: 1994
Residential Campaign. The communication advises Council that a Residential Campaign
will be conducted during the month of September.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
matter be deferred until further informat/on is received regarding the United Way
Campaign being held at the same t/me. Carried Unanimously.
Communication No. 235 - The Corporation of the City of London, Office of the Mayor,
Re: legal challenge with respect to the constitutionality of Bill 120, An Act to amend
. certain statutes concerning residential properties. The communication requests f/nat~cia/
support from Council relating to the undertaking and advising that the first phase of the
action would require a budget of up to ~30,000.
ORDERED on the motbn of Alderman Ward, seconded by Alderman Susin, that the matter
be referred to Finance Committee. Carded Unan/mouslv.
Cor~munication No. 236 - Ministry of Housing, Ministry of Municipal Affairs - Re:
Alternative Development Standards - Draft Guide/inc. The communication provides a draft
guideline on alternative development standards and requests comments on the document.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
matter be referred to staff and to the Building Liaison Committee. Carried Unanimously.
Communication No. 237 - Chamber of Commerce, Small Business Committee Chairman.
The communication provides informat/on on City Hall tendering of small contracts and
makes the following recommendations:
1) that th.e master//st be updated by requesting responses from all suppliers, having their
area of expertise. Publish the "notice" in the Niagara Fails Review, PACE, and the
Chronicle. This would give local businesses a form of preference without violating the
Discretionary Practices Act. This would be an annual not/f/cat/on;
and 2) that the Committee members meet annually with the City Ha//officials to share
views and discuss puss/hie concerns. They agreed the area of "Proposals" could from
t/me to time create some adverse reactions, but they stressed that going into the process
.the suppliers know proposals are somewhat vague. This area may be the only area that
~s not we//documented and specifically dealt with.
ORDERED on the mot/on of Alderman Craitor, seconded by Alderman Germaria, that the
recqmmendat/ons be appfoved. Carried Unanimously.
REPORTS
MW-94-151 ~ Chairperson, Municipal Parking and Traffic Committee -Re: Municipal
Parking and Traffic Committee Recommendations; June 21, 1994 Meeting. The report
recommends the following:
MW-94-72 - Westlane Subdivision - Traffic Operations Review:
That I) appropriate school and playground warning signs be installed along Uatalina
Street; Rideau Street and Pitton Road; and 2) that stop signs be installed for westbound
traffic o1~ Ethel Street at Pitton Road; eastbound traffic on Rideau Street at P/ton Road and
westbound traffic on Tad Street at Pitton Road;
MW -94-12 7 - Cherrywood Acres School - Traffic Operations Review:
1) that a stop sign be installed in the westbound direction on Doreen Orive at P~ttit
Avenue; 2) that a yield sign be installed in the westbound direction on. Cherryhill Drive and
P/nodule Drive; 3) that the yield sign in the eastbound direction'on Cherrygrove Road at
Pettit Ave. be replaced with a stop sign; 4) that crosswalks be painted at the following
locations: Pettit Ave. at Doreen Drive (north approach); Pettit Avenue at Cherrygrove
Road, .(west approach); Pinedale Drive at Cherryhill Drive. (north approach); 5) that school
area signs be installed in the following locations; Doreen Drive east of Pettit Avenue
(westbound direction); Cherrygrove Road at Randy (eastbound direct/on); 6) replace the
existing school crossing sign on Sherwood west of peach (westbound direct/on) with e
school area sign;
-9~
7) to relocate the existing no parking signs on Cherrygrove Road from the school fenceline
onto the grass boulevard.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
Se.e By-law No, 94-184
MW-94-156 - Chief Administrative Officer- Re: Contract 94-03, 1994 Hot Mix Asphalt
Overlays. The report recommends that the unit prices submitted by the low tenclaret,
Norjohn Limited, be accepted and that the by-law appearing on ton/ght's uganda be
passed.
ORDERED on the mot/on of Alderman Susin, seconded by Alderman Janvary, that the
report be received and adopted. Carried Unanimous/v.
Se_e_By-law No. 94-187
MW-94-158 - Chief Administrative Officer- Re: Demolition of Property at 4836 ~ 4840
Ontario Avenue. The report recommends that the tender price submitted by the low
tenderer, PRW Construct/on, be accepted for the demolition and c/caring of the above-
noted property and the authorizing by-law be passed.
Mr. Suman Sukhu advised members of Council that the building has been demolished
and that the lot would be cleared of debris within 1 to 2 weeks and he requested that he
be permitted to complete the work instead of having a contractor do the cleanup.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that
the report be received and adopted. The motion Carried with Aldermen Janvary, Susin,
and Ward voting contrary to the motion and with all others voting in favour.
See By-law No. 94-186
RATIFICATION OF MUNICIPAl WORKS COMMITTEE ACTIONS
ORDERED on the mot/on of Alderman Hendershot, seconded by Alderman Cowan, that
the ~ctions taken on the following matters by the Municipal Works Committee, earlier this
evening be approved.
- Mr. Mangod (4768 KincaM P/ace) - Re: Costs to reconnect sewer and water services to
his home - that staff meet with involved residents to determine a fair solution regarding
this matter;
- Mr, Gudgin (Kingsbridge Theatre) Re: Requesting refund for Tipping Fees paid f~r
renovation work at the former Seneca Theatre - that Mr. Gudgin's request for
reimbursement of Tipping Fees be paid at the City's Landfill be approved by whichever
means deemed appropriate by City staff- Opposed - Alderman Pat Cummings;
- MW~94-152 - Review of Tipping Fee Policy - Request from E. Damore for Refund of
7~2ping Fees paid for Roofing Material - that the existing Policy be maintained and that
requests for relief in cases of exceptional hardship be dealt with as they arise - Opposed:
Alderman Pat Cummings; - that the request from Mr. E. Damore for refund for Tipping
Fee~ for roofing material be approved - Opposed: Alderman Pat Cummings;
- MW-94-155 - Thorold Stone Road/Garner Road Watermain - that the information
contained in Report MW-94-185 be received and f/led for information; and 2) that the
Recbmmendat/on of Report MW-94-144: "It is recommended that the firm of Robert M.
Martin Engineering and Project Management Incorporated, be retained to carry out the
design for the replacement watermain on Garner Road and Thorold Stone Road'; be
approved - Opposed: Aldermen S,herar, Cummings, Puttick and Susin;
10-
- MW-94-160 - Development Charges (Update Report resulting from Report MW-94-111
to Council on June 27, 1994) - Referred back to staff for Report - that I) Development
Charges of ~6,358 paid in connection with the development of the subject property be
reduced to ~2, 117 and that the balance be refunded to the owner; and 2) that. the
Hearing on the complaint be closed - Opposed: Aldermen Puttick, Cummings and Sherar;
- Appeal for Additional Two-Year Extension at Landfill - matter was received and filed for
information of Council;
- Appointment of AMO Representation - that Alderman Norm Puttick be appointed as the
representative to the Executive Committee of the Large Urban Section of the Association
of Municipalities of Ontario for the term 1994-1995;
- MW-94-153 - Tender by Recycling Club for Collection of Recyclables - that authoriza t/on
be granted to the calling of Tenders for the Collection of Recyclables by the Niagara
Municipal Recycling Board;
The motion Carried with Alderman Cummings opposed to the motion on the Kingsbridge
matter; Alderman Cummings opposed to Report MW-94-152; Aldermen Cummings,
Puttick, Sherat and Susin opposed to Report MW-94-155; Aldermen Cummings, Puttick,
and Sherat opposed to Report MW-94-160.
See Resolution No. 49
R-94-49 - Chief Administrative Officer - Re: Charles Green, United Empire Loyalist; Burial
Site Restoration - Lundy's Lane Cemetery (Green's Corners). The report recommends that
Council authorize staff to proceed with the restoration of the Charles Green Bur/o/Site at
Lundy's Lane Cemetery.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the
report be received and adopted. Carried UnanimousIv.
R-94-50 - Chief Administrative Officer - Re: Leaf/Debris Vacuum - Parks and Cemeteries.
The report recommends that the Equipment Specialist be awarded Tender ll52-94 to
purchase a Leaf/Debris Vacuum for the Parks & Cemeteries Divisions at a cost of
$19,256. 75 (including all applicable taxes).
ORDERED on the motion of Alderman Susln, seconded by Alderman Cummings, that the
report be received and adopted. Carried UnanimousIv.
R-94-51 - Chief Administrative Officer - Re: Park Fenc~ & Backstop Installation.
The repod recommends that Sheppard Fence Company Incorporated be awarded
Quotation ll81-94 to/nstall baseball diamond backstops and fencing at various municipal
park and school board sites at a cost of $36, 113.94 (including all applicable taxes).
ORDERED on the mot/on of Alderman Cummings, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
R-94-52 - Chief Administrative Officer - Re: Update on the Proposed School Facility
Administration Fees by the Niagara South Board of Education. The report recommends
that City Council receive and file this report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Co wan, that the
report be received and filed. The motion Carried with Aldermen Hendershot and Janvary
abstaining from the vote on conflicts of interest previously noted and with all others
voting in favour.
FD-94-09 - Chief Administrative Officer - Re: Municipal By-law No. 72-11 respecting fires
- request to conduct an open burn by Cytec of Canada. The report recommends that
Council approve the request of Cytec of Canada to conduct open air burning.
ORDERED on the motion of Alderman Susin, seconded by Alderman Janvary, that t~e
report be received and adopted. Carried UnanimousIv.
-11-
F94-25 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends
that the accounts totalling $638, 114.03 for the period ending July 4, 1994 and the
accounts totalling ~ 192,288.94 for the period ending July 11, 1994, be approved by the
passing of the by-laws appearing later on the agenda.
Additional information was requested on Cheque No. 203609.
ORDERED on the motion of AIderman Hendershot, seconded by Alderman Cummings, that
the 'report be received and adopted. The motion Carried with Aldermen Cummings,
Hendershot and Janvary abstaining from the vote on conflicts of interest previously noted;
Aldermen Sherar and Susin voting contrary to the motion; and with all others voting in
favour.
See By-law No. 94-189
See By-law No. 94-190
L-94-39 - Chief Administrative Officer - Re: Provincial Court House Overhold Lease, 4300
Queen Street, The report recommends that Council consider the Province's request to
extend its occupancy of 4300 Queen Street for a further term of four months.
ORDERED on the mot/on of Alderman Ward, seconded by Alderman Cra/tor, that the
report be received and adopted. Carried Unanimously.
See By-law No. 94-t91
CD-94-34 - Chief Administrative Officer - Re: Restricted Area By-law No. 94-171;
Chandelier Tourist Lodge. The report recommends that Council reaffirms its aPProval of
By-law 94-171, in order that the Clerk may notify the Ontario Municipal Board at the
sanfe time as he forwards the By-law and letter of objection to the Board with the request
for a Hearing.
ORDERED on the 'motion of Alderman Janvary, seconded by Alderman Germano, that the
report be received and adopted. The motion Carried with Alderman Cowan and Susin
voting contrary to the mot/on and with all others voting in favour.
', RA TIFICA TION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Cowan, seconded by Alderman Hendershot, that
the actions taken on the following matters by Committee of the Whole, earlier this
evening be approved.
- That Council affirm its resolution of June 13, 1994 and authorize the Chief Building'
Official to call tenders for the demolition of a building in accordance with the unsafe
building provisions of the Building Code Act. Carried Unanimously.
RESOLUTIONS
NO. 48 - CUMMINGS - HENDERSHOT - BE IT RESOLVED that a message of condolence
be forwarded to the family of the late Loretta Rea, a we/I-respected citizen of the
community and an active member of the Niagara Promotions Association. Mrs. Rea was
also involved in the promot/on of tourism in Niagara Falls.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 49 - CRAITOR - CUMMINGS - BE IT RESOLVED that Alderman Norm Puttick be
appointed as a voting delegate to the 1994 Association of Municipalities of OntariO7
Conference.
AND the Seal of the Corporation be hereto affixed. Carried Unanimously
- 12- 13-
NO. 50 - CUMMINGS - SUSIN - RESOI VED that the Council of the Corporation of the City
of Niagara Falls hereby supports a one-year extension to the Ascot Woods Extension 5
Draft Plan of Subdivision (26T-89038) and that the Regional Municipality of Niagara be
so informed, conditional upon the applicant maintaining the appropriate subdivision sign
which complies with the Municipal and Regional requirements.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
B Y-LA WS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
94-184 ' A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Stop Signs, Yield Signs)
94-185 A by-law to amendBy-law No. 79-200, as amended. (AM-12/94, Pinecove
Developments)
94-186 A by-law to authorize the execution of an agreement with PRW Excavating
Contracting Ltd. for the demolition and removal of buildings at 4836/4840
Ontario Avenue.
94-~87 A by-law to authorize the execution of an agreement with Norjohn for hot
mix asphalt overlays.
94-188 A by-law to make certain appointments.
94-189 A by-law to authorize monies for General Purposes (July 4, 1994)
94-190 A by-law to authorize monies for General Purposes (July 1 I, 1994)
94-191 A by-law to authorize the execution of an Agreement respecting the/ease
of the Courthouse Building located at 4300 Queen Street.
The motion Carried with Aldermen Janvary, Susin and Ward voting contrary to By-law No.
94-186; Aldermen Cummings, Hendershot, Janvary and Ward abstaining from the vote
on By-law No. 94-189 on conflicts of interest previousl~ noted and with all others voting
in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
following by-laws be now read a second and third time:
94-~84 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Stop Signs, Yield Signs)
94-185 A by-law to amend By-law No. 79-200, as amended. (AM-12/94, 'Pinecove
Developments)
94-186 A by-law to authorize the execution of an agreement with PRW Excavatin!~
Contracting Ltd. for the demolition and removal of buildings at 4836/4840
Ontario Avenue.
94-I87 · A by-law to authorize the execution of an agreement with Norjohn for hot
mix asphalt overlays.
94-188 A by-law to make certain appointments.'
94-189 A by-law to authorize monies for General Purposes [July 4, 1994)
94-,190 A by-law to ~uthorize monies for General Purposes (July 11, 1994)
94-191
A by-law to authorize the execution of an Agreement respecting the lease
of the Courthouse Building located at 4300 Queen Street.
The motion Carried with Aldermen Janvary, Susin and Ward voting contrary to By-la w No.
94-186; Aldermen Cummings, Hendershot, Janvary and Ward abstaining from the vote
on By-law No, 94-189 on conflicts of interest previously noted and with aft others voting
in favour.
NEW BUSINESS
AirlTort Issue
Alderman Norm Puttick referred to the issue of the Federal government's intention
of transferring airport responsibility from federal to municipal levels. Discussion ensued
regarding federal downloading and the continuance of subsidization by the Federal
government.
Canada Dav Festivities
Alderman Gary Hendershot thanked Aldermen Fisher, Craitor, Germano and Janvary
for their contribution to the Canada Day festivities held on July 1, 1994 at the Optimist
Park and thanked Cynthia Roberrs for all her efforts in the festivities.
Hon9 Kon~l Children's Choir
Alderman Kim Craitor referred to the world-renowned Hong Kong Children's Choir
being hosted by the Stamford Lion's Club on the occasion of their 25th Anniversary, at
Brock Urn/varsity on July 31, 1994 and urged everyone to attend.
Association of Municipalities of Ontario Conference
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cummings, that
Alderman Norm Puttick be appointed as a voting delegate to the 1994 Association of
Municipalities of Ontario Conference. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
meeting be adjourned. Carried UnanimousIv.
READ AND ADOPTED,
TWENTIETH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
July 25, 1994
Council met on Monday, July 25, 1994 at 7:00 p.m. in Committee of the Whole. All
members of Council with the exception of Alderman Hendershot, who was away on vacation,
were present. Alderman Paisley Janvary presided as Chairman.
Following consideration of the items presented, the Committee of the Whole arose to
report in open session.
i
READ AND ADOPTED,
MAYOR WAYNE THOMSON
Council Chambers
July 25, 1994
Council met on Monday, July 25, 1994 at 7:30 p.m. for the purpose of considering
Regular Council Business. All members of Council with the exception of Alderman Hendershot,
who was away on vacation, 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 Craitor, that the
Minutes ofthe Planning Meeting of July 11, 1994 be adopted as printed. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Cowan indicated a pecuniary interest on Report F-94-26, Cheque No. 203822
because the recipient is his employer.
Alderman Craitor indicated a pecuniary interest on Report F-94-26, Cheque No. 204046
because he sits on the Board as a Volunteer Member.
Alderman Cummings indicated a pecuniary interest on Report F-94~26, Cheque No.
204070, because his wife is employed by the organization,
Alderman Susin indicated a pecuniary interest on Report MW-94-165 and By-law No.
94-194 because his mother lives in the area.
Alderman Puttick indicated a pecuniary interest on Report F-94-26, Cheque No. M90265
payable to him,
Alderman Ward indicated a pecuniary interest on Report F-94-26, Cheque No. 203834,
because a member of his family owns a business there.
-2-
PRESENTATIONS
Buddy Lowe and Tom Mussari
His Worship Mayor Thomson presented tokens of appreciation in the form of pen sets
for their involvement in obtaining the "new" seats at the Niagara Falls Memorial Arena at a
substantial saving for the City. The total cost of the seats being $93,000.00, of which
$45,000.00 would be obtained from JobsOntario.
Buddy Lowe was also asked to report back on the issue of the Air-Conditioner if the cost
is favourable from Virginia.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher that he report
back to Council. Carried Unanimously.
DEPUTATIONS
Third Annual Mayor's Picnic
Rexanne Felice, Executive Director, Project S.H.A.R.E informed that there were plans
to raise additional funds which will benefit the Mayor's Annual Picnic, and will be called
Community Clean Up similar in fashion to the Spring Clean Up, at a minimum rate of $10.00
per household. This Clean Up has been scheduled for August 29, 30, 31 and September 1, 1994
between the hours of 6:00 p.m.-9:00 p.m. She also requests Council issue a proclamation for
"Clean Up Week".
ORDERED on a motion of Alderman Germane, seconded by Kim Craitor that Council endorses
the proposal. Carried Unanimously.
Carol Stewart-Kirkby, 1994 United Way Campaign Chair informed that a "50' s Street
Dance" is planned for September 9, 1994 between 7:00 p.m. - 1:00 a.m. with Council's
permission, to be held on Centre Street bordered by Victoria and Ellen Avenues, and will feature
pre-recorded music. This will also benefit the Mayor's Annual Picnic.
ORDERED on a motion of Alderman Cummings, seconded by Alderman Fisher, that the request
be approved subject to established policy. Carried Unanimously.
COMMUNICATIONS
Communication No. 238 - Correspondence from the Heart and Stroke Foundation of
Ontario. The communication requests Council permit the First Annual "Big Bike for Stroke
Research" scheduled for Sunday, September 25, 1994 on Queen Street in Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
request be approved subject to established policy.
Carried UnanimousIv.
Communication No. 239 - Correspondence from Drug Awareness Week - Re: Proclamation.
The communication requests Council proclaim the week of November 13 - 19, 1994 as "Drag
Awareness Week"
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
request be approved subject to established policy. Carried Unanimously.
Communication No. 240 - Correspondence from United Way of Niagara Falls - Re: Annual
Poor Boy Luncheon. The communication requests Council approve holding the luncheon on
Friday, October 14th, 1994 from 11:00 a.m. to 9:00 p.m,
ORDERED on the motion of Alderman Cummings, seconded ~ay Alderman Ward, that the
request be approved subject to favourable circulation. Carried Unanimously.
-3-
Communication No. 241 - Correspondence from Elizabeth Teunis Re: The Niagara Falls
Dream Teafit - 14th Annual Terry Fox Run on Sunday, September 18, 1994.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
recommendation be received and filed, and that Alderman Hendershot act as co-ordinator to
realize the Dream Team's efforts to raise $1,000.00. Carried Unanimously.
Communication No. 242 - Correspondence from Graeme White, 339 Boisdale Avenue,
Richmond Hill Re: Tee Creek Drainage Property Part Lots 9, 10, 6-181-3.
ORDERED on the motion of Alderman Susin, seconded by Alderman Off, that the matter be
referred to staff. Carried Unanimously.
Communication No. 243 - Correspondence from Gore & Storrie Limited Re: Garner Road
Sludge Lagoon Facility Class Environment Assessment Study.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
matter be referred to staff. Carried Unanimously.
REPORTS
MW-94-163 - Chief Administrative Officer - Re: 4865-4875 Victoria Avenue.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Germane, that the
building should be demolished as quickly as possible for safety reasons, and that Council
proceed with a call to tender for demolition of this building. Carried Unanimously.
MVV-94-165 - Chief Administrative Officer - Re: Contract//94-121, Stanley Avenue,
Alexander and Inglis: Storm Sewer and Road Reconstruction Consulting Services
Agreement.
The report recommends that Delcan Corporation be retained to carry out the design for the
above contract and the authorizing by-law be passed.
ORDERED on the motion of Aldermnan Cummings, seconded by Alderman Janvary that the
report be received and adopted. The motion Carried with Alderman Susin abstaining from the
vote on conflict of interest previously noted; and with all others voting in fayour.
MYV-94-166 - Chief Administrative Officer - Re Downtown Parking & Traffic Study
Consultant Selection.
The report recommends that Totten Sims Hubicki Associates, Consultants, be retained to
undertake the Downtown Parking & Traffic Study at a cost not to exceed $50,000.00.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report
be received and adopted. The motion Carried with Alderman err abstaining from the vote on
a conflict of interest previously noted and with all others voting in fayour.
MW-94-167 - Chief Administrative Officer - Re Contract//93-11, Storm Sewer Installation
on Dorchester Road and Dell Avenue and Sanitary Sewer on Kalar Road.
~The report recommends that the unit prices submitted by the low tendeter, Provincial
Construction (Montrose) Limited, be accepted for the above contract and the authorizing by-law
be passed.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimously.
See By-law No. 94-193
PD-94-111 - Chief Administrative Officer - Re: Undeveloped Lots - Kensington Court,
Westwood Village 2 Plan of Subdivision (M-61).
Following some discussion, it was ORDERED on the motion of Alderman Cummings, seconded
by Alderman Fisher, titat a resident spokesperson be notified when building permits are issued
for vacant lots 93 and 94 and that the ,report be received and filed. Carried Unanimously.
-4-
L-94-40 - Chief Administrative Officer - Re: EstablL~hment of Part I on Reference Plan
59R-8754 as part of Stanley Avenue.
ORDERED on the motion of Alderman Sherar, seconded by Alderman Susin that the report be
received and adopted. Carried Unanimously.
L-94-41 - Chief Administrative Officer - Re: Ontario Hydro Agreement with the City
(Chippawa Boat Ramp Facility) Welland River, City of Niagara Falls.
The report recommends that the City enter into a Licenee Agreement with Ontario Hydro for
the purpose of !icencing certain lands for use as a boat ramp facility.
The boat ramp has been completed and a letter of thanks is to be sent to Robert Thiel who
undertook the responsibility for boating enthusiasts.
ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the report be
received and adopted. Carried Unanimously.
R-94-46A - Chief Administrative Officer - Re: Additional concepts for the design and
construction of Community Bulletin Boards.
Following some discussion on Welcome Signs to the City and Bulletin Boards, it was
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that a Sub-
Committee be struck to deal with the recommendation in the report with the following persons:
Aldermen Janvary, Germane and Fisher, and Chaired by Alderman Craitor. Carried
Unanimously.
R-94-53, 1994-95 Winter Ice Schedule for Municipal Arenas.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
report be approved. Carried Unanimously.
R-94.54, Mountain Road Landfill, Planting and Rehabilitation Plan - July 1994.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
report be approved. Carried Unanimously.
F-94-26, Chief Administrative Officer - Municipal Accounts. The report recommends that
the accounts totalling $6,921,186.35 for the period ending July 25, 1994, be approved by the
passing of the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Ward, seconded by Alderman err, that the report be
received and adopted, the motion Carried with Aldermen Cowan, Craitor, Cummings, Susin,
Puttick and Ward abstaining from the vote on conflicts of interest previously noted and with all
others voting in favour.
See By-law No. 94-198
RATHi'ICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
actions taken on the following matters by the Finance Committee, earlier this evening be
approved.
1. Further information requested from Staff respecting comments by local Member of
Parliament on Sovereignty Proposal presented by Ted Wiwchar.
Approval of HR-94-10- Employee Benefits Renewal.
Urban Basketball League. Refer to Staff for consideration.
Approval of F-94.24 - Tax Balances at June 30,!994.
-5-
5. F-94-25 and permissive grants approved in principle. Refer to Social Planning
6. F-94-26 - Approval of Fee for Supplementary Assessments.
7. Refund of $60.00 to the Willoughby Volunteer Fire Fighters for tent set-up fee.
May 10th Item - Bauer Roller Hockey League be given two months to establish their
non-profit status.
9. Referred the Urban Basketball League to Staff.
The motion Carried with Alderman Susin abstaining from the vote on Item #7 - Willoughby
Volunteer Fire Fighters issue, because members of his family are volunteer fire fighters and with
all others voting in favour.
CD-94-35 - Chief Administrative Officer - Special Occasion Permit - Optimist Club of
Niagara Falls. The report recommends that Council indicate it has no objection to the issuance
of a Special Occasion Permit to the organization listed in this Report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
report be received and adopted. Carried Unanimously.
CD-94.36 - Chief Administrative Officer - Special Occasion Permit - Niagara Chapter of
Multiple Sclerosis. The report recommends that Council indicate it has no objection to the
issuance of a Special Occasion Permit to the organization listed in this Report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that the
report be received and adopted. Carried Unanimously.
CD-94-37 - Chief Administrative Officer - Reduction and Refund of Taxes, Section 443 of
the Municipal Act on Property #1 - 4955 Clifton Hill, 27 25 030 002 02000; Property #2 -
5917 Stanley Avenue, 27 25 070 001 08700; Property #3 - 5729 McLeod Road, 27 25 080
001 06400. The report recommends the following:
1)
That a refund of taxes amounting to $4,499.90 for the year 1993 be made to the Pilgrim
Motor Inn;
,
2)
That an adjustment of taxes amounting to $940.06 for the year 1992 be made to Cupolo
Sports LId;
3)
That an adjustment of taxes amounting to $612.55 for the year 1992 and $614.97 for the
year 1993 be made to Mr. J. F. Jacinto for 5729 McLeod Road.
His Worship Mayor Thomson received a negative response to his question whether there
was anyone in the audience interested in the recommendations of this report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimonslv.
RATI~"ICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Cowan, seconded by Alderman Cummings, that the
actions taken on the following matters by Committee of the Whole earlier this evening be
approved.
That the Clerk be imtmcted to re-issue a Bingo Licenee in the name of 126 Air Cadet
Squadron to a licensee mutually agreeable to the parents auxiliary, officers of the
Squadron, the Niagara Falls Optimist Club and City officials.
-6-
That Council approve the recommendation of the Committee of the Whole that the City
Clerk be instructed to issue the Adult Entertainment Parlour Licenee to Seductions.
1994 Election: Report CD-94-30 - If anyone had any information for the Clerk
respecting the upcoming Election, they should communicate with him as soon as
possible.
Carried Unanimously
RESOLUTIONS
94.195
94-196
94-197
! 94-198
NO. 51 - WARD - FISHER - WHEREAS the Province has deemed it necessary to charge
Municipalities a fee of $100.00 for each Supplementary Assessment added to the Assessment
Roll; AND WIIEREAS the Province has initiated this fee unilaterally, without any consultation,
charge Municipalities for the service; AND WHEREAS this fee continues to demonstrate the
Province's intention to continue the downloading on to Municipalities; THEREFORE BE IT
RESOLVED THAT the Province be requested to immediately rescind any charges for the
provision of supplementary assessments.
AND the Seal of the Corporation be hereto affixed.
z 94-176
Carried Unanimously
NO. 52 - eRR - CRAITOR - BE IT RESOLVED THAT message of condolence be ~
forwarded to the family of the late Len McDonald, a former Commissioner with the City and IX
well respected citizen of the community. . ~
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 53 - CRAITOR - CU1VIiMINGS - BE IT RESOLVED THAT a message of condolence
be forwarded to the family of the late Frederick Wayne Bedell, a former member of St. John's
Ambulance and well respected citizen of the community.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman err, seconded by Alderman Cummings, that leave be
granted to introduce the following by-laws, and the by-laws be read a first time:
94-176
A by-law to authorize the execution of a Consultant's Agreement with Robert M.
Martin Engineering & Project Management Inc, for the design of Thorold Stone
Road - Garner Road watermain replacement.
94-192
A by-law to amend By-law No. 79-200, as amended. (AM-I~/94, George
Partheniou.
94-193
A by-law to authorize the execution of an agreement with Provincial Construction
(Montrose) Ltd. respecting storm sewer installation on Dorchester Road, Dell
Avenue and sanitary sewer on Kalar Road.
94-194
-7-
A by-law to authorize the execution of an agreement with Delcan Corporation to
carry out the design for the storm sewer on Stanley Avenue and road
n~onstruction on Alexander Crescent and Inglis Drive.
A by-law to authorize the execution of a Customer Agreement with Bull HN
Information Systems Limited respecting computer software for the Fire
Department.
A by-law to authorize the execution of a licence agreement with Ontario Hydro
for the purpose of licencing certain land to the City for the Chippawa boat ramp
facility.
A by-law to establish a road widening as a public highway.
A by-law to authorize monies for General Purposes (July 25, 1994).
The motion Carried with Alderman Susin abstaining from the vote on By-law No. 94-194 on a
conflict of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman err, seconded by Alderman Cummings, that leave be
granted to introduce the following by-laws, and the by-laws be now read a second and third
time:
A by-law to authorize the execution of a Consultant's Agreement with Robert M.
Martin Engineering & Project Management Inc. for the design of Thorold Stone
Road - Garner Road watermain replacement.
94-192
A by-law to amend By-law No. 79-200, as amended. (AM-15/94, George
Partheniou.
94.193
A by-law to authorize the execution of an agreement with Provincial Construction
(Montrose) Ltd. respecting storm sewer installation on Dorchester Road, Dell
Avenue and sanitary sewer on Kalar Road.
94-194
94-195
A by-law to authorize the execution of an agreement with Delcan Corporation to
carry out the design for the storm sewer on Stanley Avenue and road
reconstruction on Alexander Crescent and Inglis Drive.
A by-law to authorize the execution of a Customer Agreement with Bull HN
Information Systems Limited respecting computer software for the Fire
Department.
94-196
A by-law to authorize the execution of a licenee agreement with Ontario Hydro
for the purpose of licencing certain land to the City for the Chippawn boat ramp
facility.
94-197
A by-law to establish a road widening as a public highway.
94-198
A by-law to authorize monies for General Purposes (July 25, 1994).
The motion Carried with Alderman Susin abstaining from the vote on By-law No. 94-194 on a
conflict of interest previously noted and with all others voting in favour.
NEW BUSINESS
Letter of Condolence
ORDERED on the motion of Alderman Craitor, seconded by Aldermen Cummings, that a letter
of condolence be forwarded to the family of the late Frederick Wayne Bedell, a former member
of St. Jolm's Ambulance and well-respected citizen of the community. Carried Unanimously
See Resolution No. 53
1.
-8-
Mayor's Annual Picnic
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary that the
cheque for $200.00 received by the City for First Place in the Rose Festival be donated to the
Mayor's picnic in the name of the committee that Derek Costello is involved with.
****
Chinnawa
Alderman Fisher referred to the increase in Tourism in the Chippawa area; the re-opening
of the Chippawa Foodland at Main Street and Sodom Road, also the IGA Supermarket, and
Chippawa Place (formerly Greenwood Manor).
****
Alderman Puttick - Windsor Casino
Alderman Puttick reported on his trip to Windsor as Chairman of the Casino Gaming
Committee. The Director of Economic Development, Charles Baltjes-Chataway reported on the
Casino as well, stating that he was overwhelmed by the operation of the Casino. Alderman
Puttick requested a meeting with the Casino Gaming Committee and Council to report on the
set-up at the Windsor Casino.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the meeting
be adjourned. Carried Unanimously.
READ AND ADOPTED,
.f
MAYOR WAYNE THOMSON
TWENTY FIRST MEETING
Council Chambers
August 8, 1994
Council met on Monday, August 8, 1994 at 7:30 p.m. for the purpose of considering
Planning Matters and Regular Business. A~ members of Council, with the exception of
Alderman Germano, who was away on vacation, were present. His Worship Mayor
Thomson presided as Chairman. Alderman Susin offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Shirley Fisher indicated a pecuniary interest on Report PD-94-121,
because she is the President of the company.
Alderman Bruce Cowan indicated a pecuniary interest on Report F-94-27, Cheque
No. 204181, because the recipient is his employer.
Alderman Brude Ward indicated a pecuniary interest on Report PD-94-122, because
he has a business relationship; and indicated a pecuniary interest on Report F-94-27,
Cheque No. 204284 because a relative owns the company.
PLANNING MATTERS
PD-94-f16 Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-23/94, 4130 Main Street, Niagara Falls. (William Little) The report
recommends that Council support the application to change the zone classification from
Institutional (I) to Residential Single Family 1C Density (RIC) Zone conditional upon the
applicant satisfying the 6:1 extraneous flow quota in accordance with Municipal Works
policy, and providing the Regional Municipality with an appropriate road widening.
- AND -
Communication No. 244 - Regional Public Works Department. The communication
advises as having no objections to the rezoning application, but provided comments
regarding inflow/infiltration of the sanitary sewers; and road allowance width.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning AcL
The City Clerk advised that the Notice of the Public Meeting had been given in
-.accordance with the Regulations on July 8, 1994.
His Worship Mayor Thomson received a positive response to his request for a show
of hands by persons present who were interested in the application. He requested that all
persons wishing to receive further notice of the passage of the by-law submit their names
and addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the following information included in Technical
Report No. PD-94-f 14; Official Plan; Nature of the Zone Change; Compatibility; Servicing
and the Public Notification Process.
His Worehip Mayor Thomson received a negative response to his request for
comments from persons, other than the applicant or his agent, in support of the application,
and received a negative response from persons opposed to the application.
-2-
The Director of Municipal Works responded to concerns regarding the extraneous
flow policy and indicated that the subject property had been an existing lot pdor to the
policy coming into place.
Since no further comments were forthcoming, His Worship Mayor Thomson declared
the Public Meeting with regard to Application AM-23/94 closed.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the
application be appreved and that the conditional 6:1 extraneous flow quota be waived.
Carried Unanimously.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the
communications be received and filed. Carried Unanimously.
PD-94- f f 7 -Zoning By-law Amendment Application; AM-20/94; Block 62, Registered
Plan 5911f-138, Cardinal Drive; Proposed Grosei Court Subdivision. The report
recommends the following:
1) That the proposed Grossi Court Subdivision be approved subject to the conditions
attached in Appendix I;
2) That Council support the zone change from R4 to RIE;
3) That a copy of this report be forwarded to the Regional Niagara Planning and
Development Department as the City's comments on plan of subdivision·
- AND-
Communication No. 245 - Bell Canada. The communication requests the addition of two
paragraphs as conditions of Draft Plan Approval; 1) that Bell Canada shaft confirm that
satisfactory arrangements, financial and otherwise, have been made with Bell Canada for
any Bell Canada facilities serving this draft plan of subdivision which are required by the
Municipality to be installed underground; a copy of such confirmation shaft be forwarded
to the Municipality; 2) that the owner shaft agree in the Subdivision Agreement, in words
satisfactory to Bell Canada, to grant to Bell Canada all easements that may b required for
the placing and maintenance of telecommunication services.
Authority. The
- AND -
Communication No. 246- Niagara Peninsula Conservation
communication advises as having no objection to the application.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with the Regulations on July 8, 1994.
His Worship Mayor Thomson received indication that Mr. Dennis Landry, Planning
Consultant, Upper Canada Consultants, was in attendance on behalf of the applicant; and
received a positive response to his request for a show of hands by persons present who
were interested in the application. He requested that all persons wishing to receive further
notice of the passage of the by-law submit their names and addresses to the Clerk prior
to leaving the meeting.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the following information included in Technical
Report No. PD-94-113; Official Plan; Compatibility; Nature of the Zone Change; Subdivision
Design; Servicing and the Public Notification Process.
-3-
The Director of Municipal Works advised that there would be no additional grass
areas in cul-de*sacs.
His Worship Mayor Thomson received a negative response to his request for
comments from persons, other than the applicant or his agent, in support of the application,
and received a positive response from persons opposed to the application.
Don Pierson, 797f Oakridge Drive advised that he was in opposition to the
proposed development; expressed concerns regarding the smaller lot sizes devaluating his
property and the housing density in the area and the protection of his investment.
The Director of Planning and Development responded to concerns regarding
'prestige development"; referred to the reduction in densities from 34 units to 19 units; and
advised that the proposed development would consist of 40 and 46 foot frontages.
Dennis Landry, Planning Consultant, Upper Canada Consultants referred to the
issue of down zoning and lot size frontages; indicated that the proposal would provide units
that are affordable and marketable and that the development would be more compatible
with the existing development in the area; responded to questions regarding square
footage of the proposed units.
The Director of Planning and Development responded to concerns regarding
sidewalks and advised that provisions for sidewalks should be specified in the draft p/an
approval.
Since no further comments were forthcoming, His Worship Mayor Thomson declared
the Public Meeting with regard to Application AM-20/94 closed.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report
be received andadopted. The motion Carried with Aldermen Cummings and Fisher voting
contrary to the motion and with all others voting in favour.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the
correspondence be received and filed. Carried Unanimously.
PD.94-f20 - Zoning By-law Amendment Appfication; AM-2f/94; 5056 Montrose Road;
Angelo Marlno. The report recommends the following:
That Council support the requested zoning change to Prestige Industrial (PI) with a
health and fitness facility, dance studio, business and/or technical offices and one
accessory residential apartment integral to the main building as additional uses on the
site;
That a 3 metre (10 foot) road widening be dedicated along the entire frontage of
Montrese Road, a storm drainage plan be provided and a driveway entrance permit
be obtained all to the satisfaction of Regional Niagara;
3. That the applicant enter into an encroachment agreement with Regional Niagara with
· respect to the legal non-conforming residential structure and its future demolition.
4. That the applicant enter into a site plan agreement with the City.
- AND -
Communication No. 241 - Jaluvke & Sauer, Solicitor. The communication advises that
the applicant does not wish to proceed with the re-zoning application and wishes to
withdraw the application.
...4
-4-
His Worship Mayor Thomson advised that the applicant wished to withdraw his
application.
Following some discussion, it was ORDERED on the motion of Alderman Janvary,
seconded by Alderman Hendershot, that the report be tabled for further discussions with
the applicant on the matter. Carded Unanimously.
PD-94-122 - Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-22/94, St. David's Development Corporation; Pt. Twp. Lots 5, f6 &
25; W/S of SL Paul Avenue; Walker Heights Subdivision. The report recommends the
following:
1. That the proposed Walker Heights Subdivision be approved incorporating a single
street design rather than two cul-de-sacs in accordance with City policy;
That approval be subject to the conditions attached as Appendix I;
Note: the conditions outlined in Appendix I are based on current City policy; should
Council endorse a subdivision design with cul-de-sacs and an emergency
accessAvalkway, the conditions should be amended accordingly.
That Council support the proposed zoning by-law amendments which will establish
appropriate regulations for the single and multiple family units which comprise the
proposed subdivision;
4. That the amendments to the zoning by-law be enacted once the Region grants draft
approval to the subdivision;
5. That the multiple family blocks with the subdivision be placed under Site Plan Control;
6. That the Region be advised of the City recommendations concerning the proposed
Walker Heights Subdivision by way of a copy of this report.
- AND -
Communication No. 248 - Regional Niagara, Planning and Development Department.
The communication is responding to concerns expressed by Mr. F. Fohr, regarding the
impact the development may have on the geological, historical and environmental
significance of the property; and indicates as supportiqg the City of Niagara Falls' Official
Plan Ame~;dmenL
- AND -
Communication No. 249- Niagara Peninsula Conservation Authority. The
communication recommends the following concems be addressed: 1) That the north
western sloped valley lands be placed within a restrictive type zone to ensure the
protection of the valley and to ensure that no new development will occur on these lands;
the central sand cliff should also be zoned to ensure that no new development will occur
on the sloped lands;
2) That the zoning by-law amendment indicate that a~ new structural development will be
situated a minimum of 7.5 roetree from the top of the stable slope bank.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Pubtic Meeting had been given in
accordance with the Regulations on July 8, 1994.
...5
-5-
His Worship Mayor Thomson received indication that Mr. Mike Watt, was in
attendance on behalf of the applicant; and that Mr. John Broderick, Solicitor, was in
attendance on behalf of the residents of Calaguiro Estates; and received a positive
response to his request for a show of hands by persons present who were interested in
the application. He requested that all persons wishing to receive further notice of the
passage of the by-law submit their names and addresses to the Clerk prior to leaving the
meeting.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the following information included in Technical
Report No. PD-94-118; Official Plan; Street Design; Noise; Parkland and Trees; Servicing;
Nature of the Zone Changes; Site Plan Control and the Public Notification Process.
His Worship Mayor Thomson received a negative response to his request for
comments from persons, other than the applicant or his agent, in support of the application,
and received a negative response from persons opposed to the application.
' ~ The City Solicitor advised that if Council had concerns regarding bank stabilization,
that Council could request a written report from an expert in the field prior to approval of
the application.
Mr. John Broderick advised that the residents were in favour of the proposed
application provided that Plan '~" would be utilized.
Mr. Mike Watt responded to concerns regarding the issue of cul-de-sacs and gave
indication of retaining a firm to further assess the bank stability.
Since no further comments were forthcoming, His Worship Mayor Thomson declared
the Public Meeting with regard to Application AM-22/94 closed.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Hendershot, that
Plan '~" referring to the subdivision design utilizing the two cul-de-sacs be approved,
conditional upon assurances of bank stabilization by the applicant. The motion Carried with
Alderman Ward abstaining from the vote on a conflict of interest previously noted and with
all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Hendershot, that
the communications be received and filed. Carried Unanimously.
PD-94-115 - Chief Administrative Officer - Re: Official Plan & Zoning By-law
Amendment App~cation; 601584 Ontario Limited, S.A. Corner of McLeod Road and
Alex Avenue; O.P.A. No. 209 and AM-3/92. The report recommends the fo~owing:
1. That Council receive and file this information;
2. That Council approve the by-laws appearing in tonighrs agenda to implement the
amendments to the Official Plan and Zoning By-law.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
repprt be received and adopted. The motion Carded with Alderman Janvary voting
contra~ to the motion and with all others voting in favour.
See By-law No. 94-199
See By-law No. 94-200
PD-94-119 - Chief Administrative Officer - Re: Request for Extension to Draft Plan
Approval; Bright Business Park; 26T-88034 (Revised), The report recommends the
That e Council resolution supporting a one-year extension to the Bright Business Park
Draft Plan of Subdivision be adopted conditional upon the applicant re-erecting the
apprepdate subdivision sign which complies with Municipal and Regional requirements;
2. That a copy of this report and Council's resolution be forwarded to the Regional
Municipality of Niagara.
ORDERED on the motion of Alderman Ward, seconded by Alderman Sherar, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 55
PD-94-121 - Chief Administrative Officer - Re: Request for Extension to Draft Plan
Approval Heritage Village; 26T087011 (Revised). The report recommends the following:
That a Council resolution supporting a one-year extension to the Heritage Village Draft
Plan of Subdivision be adopted conditional upon the applicant maintaining the
appropriate subdivision sign which complies with Municipal and Regional requirements;
2. That a copy of this report and Councirs resolution be forwarded to the Regional
Municipality of Niagara.
ORDERED on the motion of AIderman Craitor, seconded by AIderman Cummings, that the
report be received and adopted. The motion Cartfed with Alderman Fisher abstaining from
the vote on a conflict of interest previously noted and with all others voting in favour.
See Resolution No. 56
PD-94-123 - Chairperson, Niagara Falls Local Architectural Conservation Advisory
Committee - Re: Action Arising from the Local Architectural Conservation Advisory
Committee (LACAC). The report recommends the following:
That City Council endorse the applications for Designated Property Grants by the
British Methodist Episcopal Church and Don and Myma Keppy as outlined in Reports
PD-94-109, and PD-94-110, respectively, and direct staff to notify the Minister of
Culture, Tou~sm and Recreation; ~
That City Council authorize the final payment of Designated Property Grant for $1,260
to Old St. John's Heritage Association toward the cost of removing the 'chimney and
restoring the wall, roof and caves of Old SL John's Church;
3. That City Council authorize LACAC to proceed with the purchase of two designated
property plaques from Custom Cast Signs.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the
report be received and adopted. Carded Unanimously.
REGULAR COUNCIL MATTERS
ADOPTION OF MINUTES
Alderman Susin requested that the Minutes of the Regular Meeting of July 25, 1994
be amended to indicate that his pecuniary interest had been on Report MW-94-165;
and that he had abstained from the vote on By-law No. 94-194; and further that he had
abstained from the vote on a conflict of interest on Item No. 7 respecting Actions from the
Finance Committee because members of his family are volunteer fire fighters.
..7
- 7-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the Minutes of the Regular Meeting of July 25, 1994 be adopted as amended. Carried
UnanimousIV.
DEPUTATIONS
His Worship Mayor Thomson received indication that Mr. Guy Major, was not in
attendance to discuss the matter of obtaining a block of property that abuts his lot on Fern
Avenue.
Following some discussion, it was ORDERED on the motion of Alderman Janvary,
seconded by Alderman Cowan, that the property be offered to Mr. Major according to City
policy. Carried Unanimously.
Mr. Orlando Falivena expressed concerns regarding the relocafion of a fire hydrant
on his property in September, 1992 at a cost of $963.00 and stated that he felt the fire
hydrant had not been placed in an ideal location and requested that the City share half of
the cost with him.
During the discussion, reference was made to Communication No. 250 · An
Excerpt from the Minutes of August 26, f991 Municipal Works Committee and to the
following motion: "It was moved by Alderman Norm Puttick, seconded by Alderman Gary
Hendershot, that staff be directed to meet with Mr. Falivena to discuss allowing him the
choice of selecting a Contractor for relocation works, at his expense, and subject to
adherence to City standards. This project would be inspected by City staff upon
completion. The motion was Carried Unanimously.
Following further discussion on the matter, it was ORDERED on the motion of
Alderman Puttick, seconded by Alderman Cowan, that Mr. Falivena be thanked for his
attendance and that Council maintains its position respecting Council policy.
and further that the correspondence be received and filed for the information of Council.
The motion Carded with Aldermen Craitor and Susin voting contrary to the motion and with
all others voting in favour.
His Worship Mayor Thomson indicated that information regarding the location of the
fire hydrant would be provided to members of Council.
Communication No. 251 - Petition signed by concerned residents in the area. The
petition expresses concams regarding the number of basement floodings which have
occurred during the past few months in the area.
Mr. R. Sears, 4402 Second Avenue, addressed Council on behalf of the residents
regarding basement flooding problems on Second Avenue with the following concems: the
large volume of rainwater that has been emptying into the catchbasin from a nearby
business; indicated that a sinkhole had not been filled in; and requested that a restrictor
be provided for the catchbasin in front of 4450 Second Avenue.
Mr. Mark Hernder, 4413 Second Avenue requested that the matter be looked into
and that some action be taken.
Following further discussions, it was ORDERED on the motion of Alderman
Hendershot, seconded by Alderman Fisher, that the matter be referred to staff for a full
report and that the concerned residents be provided with a copy of the report; and further
that staff contact the concemed residents on Tuesday morning to see what can be done
to alleviate some of the problems. parried Unanimously.
-9-
ORDERED on the motion of Alderman Hendershot, seconded by A/derman Fisher, that the
correspondence be received and filed. Carded Unanimously.
Mr. Jose Jacinto, 6 Greenlaw Avenue, Toronto addressed Council respecting
building construction located at 5729 McLeod Road and requested Council reduce the
amount of his deposit for a site plan agreemenL
The City Solicitor provided information on Council policy on deposits for site plan
agreements; advised that Council had given staff the authority to bring the matter back
before the court for a contempt of court proceeding due to Mr. Jacinto not having complied
with the Order to have an Engineers report and to comply with the orders of the Chief
Building Official The City Solicitor stated that the City wants Mr. Jacinto to clean up the
debds and garbage on the site and advised that the Chief Building Official was in the
process of preparing a report for Council's consideration to have the property cleaned up
and costs be placed on Mr. Jacinto's taxes.
Discussion ensued regarding the condition of the property and whether a building
permit had been issued.
The City Solicitor provided details regarding the Court Order which requested that
Mr. Jacinto submit an Engineers report that construction of the building on lands on
McLeod Road complied with the Building Code Act, 1992; that Mr. Jacinto comply with the
provisions of the Building Code Act within 120 days of the Order, that Mr. Jacinto comply
with the Orders to comply with stop work orders issued by the City within 120 days of the
date of the Order, and that Mr. Jacinto pay the cost of the application of $750.00 to the
City. The Solicitor stated that he felt the terms of the Order were outstanding but indicated
he would confirm that statemenL
Following further discussion, it was ORDERED on the motion of Alderman
Hendershot, seconded by Alderman Susin, that the matter be deferred for a report from
staff regarding the property. The motion Carded. with Alderman Puttick and Craitor voting
contrary to the motion and with all others voting in favour.
COMMUNICATIONS.,
CommuniCation No. 252 - Laubach Literacy of Canada, Niagara Falls Literacy Counc~
- Re: Proclamation. The communication requests Council proclaim September 8, 1994 as
'l/I/odd Literacy Day" in Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
request be approved subject to established policy. Carried Unanimously.
Communication No. 253 - Frank DiMaria, Bingo Country. The communication provides
information regarding charitable gaming and the newspaper reports relating to him.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
communication be received and filed for the information of Council. Carded Unanimously.
Communication No. 254 - The Arthritis Society, Niagara Region Office - Re: 1994
Residential Campaign. The communication requests permission to display a banner
across Stanley Avenue near Valley Way dudng the month'of September for public
awareness of the Arthritis Society.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherar, that
there is no objection subject to established policy. Carded Unanimously.
...9
Following some discussion, it was ORDERED on the motion of Alderman Craitor,
seconded by Alderman Fisher, that Council endorse a policy permitting the time period set
aside for the United Way Campaign to be exclusively reserved for that campaign. In 1994,
it is recognized that the period commences September 28 and ends on November 15.
Carded Unanimously.
Communication No. 255a) - Robert Nimmo, 29 Cheshire Drive, Etobicoke - Re:
Marineland. The communication expresses concerns regarding the care of animals at
Marineland; and Communication No, 255b) - Niagara Falls Humane Society - The
communication is a response to Mr. Robert Nimmo's concerns regarding the animal
welfare at Marineland.
ORDERED on the motion of Alderman Ward, seconded by Alderman Susin, that
communications 255a) and 255b) be received and filed for the information of Council.
Carded Unanimously.
Communication No. 256a) - Judith MacCarthy, Try Another Way Committee - Re:
Casino referendum. The communication indicates agreement with Council's decision not
to place a casino referendum on the November ballot and urging the Mayor and Council
to attend local weekend casinos to become more informed on the issue of casinos; and
Communication No.' 256b) - Judith MacCarthy, Try Another Way Committee - The
communication provides clarification of Ms. MacCarthy's statements in her first letter to
Council.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Sherar, that
communications 256a) and 256b) be received and filed for the information of Council.
Carded Unanimously.
Communication No. 257 - Amity Goodwill Industries Niagara - Re: Property taxes. The
communication requests Council to consider the position of Amity Goodwill Industries
Niagara as a non-profit charitable agency and that they be charged residential rate taxes
only.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
matter be referred to Finance. Carded Unanimously.
Communication No. 258a) Rogers Communications Inc. - Re: Merger between Rogers
Communications Inc. and Maclean Hunter. The communication provides information
regarding the benefits and improved local service to cable subscribers and the substantial
investment to be made in the region; and Communication No. 258b) Article from the St.
Catharines Standard. The communication expresses concerns regarding the proposed
merger.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Fisher, that the
matter be referred to staff. Carded Unanimously.
Communication No. 259 - Rosario Marchese, MPP, Chair, Fort York Small Business
Working Group - Re: Establishment of Municipal Sinaft Business Advisory Committees,
The communication requests Councfi consider establishing a "Smafi and Medium-Sized
Business Advisory Group"to foster partnerships with smafi and medium-sized enterprises,
to encourage local economic development through its activities and its recommendations
to Council.
ORDERED on the motion of AIderman Cummings, seconded by AIderman Creitor, that the
matter be referred to the Economic Development Department and the Chamber of
Commerce. Carried Unanimously.
Communication No. 260 - The Niagara Parks Commission - Re: Visions from the
Gardens. The communication requests Council designate "Visions From the Gardens"
event to be held from September 8, 1994 through to September 11, 1994 as a "community
event".
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherar, that
the request be supported. Carried Unanimously,
See Resolution No, 54
.,.10
- 10 -
- 11-
Communication No. 261 - YWCA of Niagara Falls - Re: Wheelorama event. The
communication provides information regarding an event allowing bicycles, rollerblades and
wheelchairs to fide the N/agara Parkway Trafi on Saturday, August 20, 1994 in order to
raise community awareness and funds in support of the YlA/CA Special Needs programs.
ORDERED on the motion of AIderman Hendershot, seconded by AIderman Cummings, that
the communication be received and filed for the Information of Council. Carried
Unanimously.
REPORTS
RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by AIderman Cummings, that
the actions taken on the following matters by the Municipal Works Committee, earlier this
evening be approved:
1. Adoption of the amended. July 27, 1994 Minutes and the July fl, 194 Minutes as
written;
Fence Encroachment on Rolling Acres Drive - that an encroachment agreement
be prepared by the Solicitors Department between the City and Mr. Howard -
Opposed: Aldermen Bruce Cowan and Fermino Susin;
Request for re~ef from Tipping Fees - Mr. EarJ Craig; Mr. Jack Warden; Mrs.
Audrey Willick - that Tipping Fee refunds be awarded to Mr. Earl Craig for the amount
of $324; Mr. Jack Warden for the amount of $247; and Mrs. Audrey Vi411ick for the
amount of $277 - Opposed: Aldermen Cummings, Cowan and Ward;
4. , MW-94-159 - Bu~ding & Inspections Report for June, 1994 - that Report MW-94-
159 be received and filed for information;
6. Niagara Municipal Recycling Board - that Alderman Bruce Cowan be appointed the
altemate rapresentative member of the Niagara Municipal Recycling Board.
MW-94-168 - New Little Mississippi Drain - Retention of Contract - that the Firm
of Philips Planning and Engineering Limited be retained to carry out the necessary
design works for repairs to the New Little Mississippi Drain and that the By-law
appearing on tonight's Council Agenda, be approved - Opposed: Aldermen Cummings
and Susin;
The motion Carried with Aldermen Cowan and Susin opposed to the Fence Encroachment
on Rolling Acres Drive; Aldermen Cummings, Cowan and Ward opposed to Requests for
relief from Tipping Fees; Aldermen Cummings and Suain opposed to Report MW-94-166
and with aft others voting in favour.
See By-law 94-202
F-94-27 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $2,019,169.44 for the period ending August 8,
1994, be approved by the passing of the by-law appearing later on the agentis,
Further information was provided on Cheque No. 204226.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
report be received and adopted. The motion .Carried with Alderman Cowan and Ward
abstaining from the vote on conflicts of interest previously noted and with all others voting
in. favour.. . . . ~ . . ,
See By-law No. 94-204
RATIFICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by AIderman Hendershot, that
the actions taken on the following matters by the Finance Committee, earlier this evening
be approved:
That the Minutes of the July 25, 1994 Finance Committee meeting be adopted as
recorded noting that Alderman Susin abstained from voting on Item 8 under New
Business due to the conflict recorded;
Niagara Transit - Approval to purchase four used buses - to approve Niagara
Transit's request for the purchase of four used buses at a total cost of $35,284.32;
funds to be realized from the Urban Service Area Mill Rate Stab~ization Fund;
Maclean Hunter Cable TV - to authorize the replacement of the public address
system in the Niagara Falls City Council Chambers based on the quote submitted by
Thorold Music and that staff work with Maclean Hunter Cable TV to effect this
replacement;
FTS Productior) Inc., Humanity Aid Relief - to deny the request from FTS
Production Inc. for financial help and the use of the Niagara Falls Arena for a week
in September;
The Corporation of the City of Mississauga - Charges for Supplementary
Assessments - to deny the request of the Corporation of the City of Mississauga for
financial support of legal proceedings to rescind the charges for supplementary
assessments;
6. The City of London - Bi~ 120 - to deny the request of the City of London for financial
support of legal proceedings to challenge Bill 120 - Alderman Janvary opposed;
7. Winter Festival of Lights - Golf Tournament - to deny the request from the Winter
Festival of Lights to sponsor their Golf Toumament to be held on September 8, 1994.
Report R-94-56 - Niagara Falls Thunder Contract - that the City pay for the print
cost of all game tickets to a maximum of $4,000; that the City instaft all Arena board
advertising (to be completed by existing staff); and that $3,700 be provided to the
Thunder to assist with promotion of season tickets - Aldermen Orr and Puttick
opposed;
- to deny the Thunders request to charge a fee for parking in the Niagara Falls Arena
parking lot (all or part) during Thunder games - Alderman Ward opposed;
*.9.
Report HR-94-ff - Aldermanic Health Benefits - to approve the inclusion of the
City's Aldermen as a new class of part-time employees with our benefit cardors to
provide limited coverage which will include single or family coverage on dental and
extended health plans.
The motion Carried with Alderman Janvary voting contrary to the motion on Item #6, Bill
12.0; Aldermen Orr and Puttick voting contrary to the motion on Report-94-56; and
Alderman Ward voting contrary to the motion regarding the matter of the parking fee and
with all others voting in favour.
CD-94-40 Chief Administrative Officer - Re: Policy 200.20; Availability of Reports.
The report recommends that Council adopt the Revised Policy appended to this report,
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
12-
L-94.42 - Chief Administrative Officer - Re: Appointment of Municipal By-law
Enforcement Officers by The Regional Municipality of Niagara. The report
recommends that Regional Council be requested to appoint the persons listed in Schedule
'~" and for the geographic limits of the City of Niagara Falls as Municipal By-law
Enforcement Officers for the purpose of enforcing the by-laws of The Regional Municipality
of Niagara as set forth in Schedule "B ".
ORDERED on the motion of Alderman Hendershot, seconded by AIderman Fisher, that the
report be received and adopted. Carried Unanimously.
L-94-43 - Chief Administrative Officer - Re: Schultz Encroachment Agreement with
the City; 3599 Harvard Avenue, Niagara Falls. The report recommends to permit the
continuation of an encroachment of a fence upon the Harvard Avenue road allowance.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
report be received and adopted. The motion Carded with Alderman Susin voting contrary
to the motion and with a~ others voting in favour.
See By-law No. 94-201
RESOLU~ONS
NO. 54 - CUMMINGS, CRAITOR, BE IT RESOLVED that the Council of the Corporation
of the City of Niagara Falls hereby recognizes the Niagara Parks Commission's "Visions
From the Garden" event being held from September 8, 1994 through September 11, 1994
and designates the event as a "Community Festival".
AND the Seal of the Corporation be hereto affixed.
Carded Unanimously.
NO. 55 - WARD - SHERAR - RESOLVED that the Council of the Corporation of the City
of Niagara Falls hereby supports a one-year extension to the Bright Business park Draft
Plan of Subdivision and that the Regional Municipality of Niagara be so informed,
conditional upon the applicant re-erecting the appropriate subdivision sign which complies
with the Municipal and Regional requirements.
AND the Seal of the Corporation be hereto affixed,
Carded Unanimously.
NO. 56 - CRAITOR - CUMMINGS - RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby supports a one-year extension to the Heritage Village Draft
Plan of Subdivision and that the Regional Municipality of Niagara be so informed,
conditional upon the applicant maintaining the appropriate subdivision sign which complies
with the MUnicipal and Regional requirements.
AND the Seal of the Corporation be hereto affixed,
The motion Carded with Alderman Fisher abstaining from the vote on a conflict of interest
and with all others voting in favour.
BY-LAWS.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
94-199
A by-law to provide for the adoption of an amendment to the Official Plan of
the Niagara Falls Planning Area. (AM3/92 - McLeod Road & Alex Avenue)
94-200
A by-law to amend By-law 79-200, as amended,. (AM3/92 - McLeod Read &
Alex Avenue)
94-201
A by-law to allow the maintaining and using of a fence which encroaches on
Harvard Avenue.
- 13 -
94-202
A by-law to authorize the execution of an agreement with Philips Planning
and Engineering Ltd. respecting design services for works on the new Little
Mississippi Drain.
94-203
A by-law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan. (AM6/94, Pinetree Village)
94-204 A by-law to authorize monies for General Purposes (August 8, 1994).
The motion Carded with Alderman Susin voting contrary to By-law Nos. 94-201 and 94-
202; Aldermen Cowan and Ward abstaining from the vote on By-law No. 94-204 on
conflicts of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
following by-laws be now read a second and third time:
94-199
A by-law to provide for the adoption of an amendment to the Official Plan of
the Niagara Falls Planning Area. (AM3/92 - McLeod Road & Alex Avenue)
94-200
A by-la~v to amend By-law 79-200, as amended. (AM3/92 - McLeod Road &
Alex Avenue)
94-201
A by-law to allow the maintaining and using of a fence which encroaches on
Harvard Avenue.
94-202
A by-law to authorize the execution of an agreement with Philips Planning
and Engineering Ltd. respecting design services for works on the new Little
Mississippi Drain.
94-203
A by-law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan. (AM6/94, Pinetree Village)
94-204 A by-law to authorize monies for General Purposes (August 8, 1994).
The motion Carded with Alderman Susin voting contrary to By-law Nos. 94-201 and 94-
202; Aldermen Cowan and Ward abstaining from the vote on By-law No. 94-204 on
conflicts of interest previously noted and with all others voting in favour.
NEW BUSINESS
Achievement Award
Alderman Shirley Fisher referred to 6 year-old Marena Wais, who had won the title of
"Little Miss Beginner Majorette of Canada" and had won several awards in the United
States and requested that she be considered for an achievement award for a~ her efforts.
It was suggested that the request be referred to the Recreation Committee.
New Business in ChipDawa
Alderman Shirley Fisher provided information on a new business which had opened
at Cummington Square in Chippawa called "Copper Company".
- 14 -
Walkabout Car Show
Alderman Shirley Fisher advised of a 'lA/alkabout Car Show" event being held on
August 13, 1994 in Chippawa and invited everyone to attend.
Canada Day
Alderman Gary Hendershot provided a financial update on the Canada Day events.
The Niagara Falls Dream Team - 14th Annual Terry Fox Run
Alderman Gary Hendershot advised he would be brfnging forth a proposal to the next
Council meeting and indicated that he had a sponsor for the upcoming Niagara Falls
Dream Team's Annual Terry Fox Run being held on September 18, 1994.
- 15-
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Puttick, that
the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
Letter of APpreciation
Alderman Kim Craitor referred to the Hong Kong Chi/dren's Choir event and advised
that a number of bus drivers had volunteered their time to provide bus tours to the Choir
during their stay in Niagara Fails and requested that a letter of appreciation be sent to
those involved.
ORDERED on the motion of Alderman Craitor, seconded by AIderman Janvary, that a letter
of appreciation be forwarded through the Mayors Office to the bus drivers involved and
to the Niagara Transit Commission for all their efforts in this regard. Carried Unanimously.
Swimmino Facilities in Arenas
Alderman Norm Puttick referred to a brochure from a Burlington firm which provided
information on indoor swimming pools set up in arenas du~fng the summer months and
referred the document to staff for further review. ~
Recreation Proqrams
Alderman Norm Puttick made reference to Mr. Leon Younger of Indianapolis, who was
in charge of recreation programs in that city and who could provide further information on
how to get more out of recreation; discussed the use of school gymnasiums for baskelba//
use durfng the summer months and suggested that the Chief Administrative Officer or the
Director of Community Services obtain more details on the subject.
Clean UD Of Debris
His Worehip Mayor Thomson referred to correspondence received from Mrs. Stella
Bredin, who indicated that she had cleaned up debris and washed the bus stop windows
at the Portage Road and SL John Street bus stop, as part of her civic duty.
His Worship Mayor Thomson commended Mrs. Bredin for her efforts in this regard.
TWENTY SECOND MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
August 29, 1994
Counc~ met on Monday, August 29, 1994 at 7:10 p.m. in Committee of the Whole.
All members of Council, were present. Alderman Fermino Susin presided as Chairman.
Fo~owing consideration of the items presented, the Committee of the Whole did not
report in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
Council Chambers
August 29, 1994
Council met on Monday, August 29, 1994 at 7:30 p.m. for the purpose of
considering Regular Business. All members of Council, were present, His Worship Mayor
Thomson presided as Chairman. Alderman Orr offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Fermino Susin requested that the Minutes of August 8, 1994, be amended
to reflect he had voted contrary to the motion respecting a Fence Encroachment on Rolling
Acres Drive issue from Municipal Works Committee.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cowan, that
the Minutes of August 8, 1994 be adopted as amended. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Cowan indicated a pecuniary interest on Report F-94-29, Cheque No.
204570, because the recipient is his employer.
Alderman Hendershot indicated a pecuniary interest on Communication No. 10, Anti-
Whistling By-law, Portage Road, because he resides adjacent to the area.
Aldermen Cummings and Sherar indicated a pecuniary interest on Report F-94-29,
Ch. eque No. 204780, because Acres is involved.
Alderman Cummings indicated a pecuniary interest on Report F-94-29, Cheque No.
204745, because his wife is employed by the organization.
Alderman Susin indicated a pecuniary interest on Report F-94-29, Cheque Nos.
204427 and 204906, because members of his family are volunteer firefighters.
...2
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Alderman Craitor indicated a pecuniary interest on Report F-94-29, Cheque No.
204684, because he sits on the Board as a volunteer member.
Alderman Ward indicated a pecuniary interest on Communication No. 2, Chippawa
Lions Club, because he is a member of the organization.
DEPUTATIONS
Pop Cans for Muscular Dystrophy
Mr. Terry Willick thanked the individual Trailer Parks, and Oakland Golf Club for
their participation in providing pop cans to obtain wheelchairs for Muscular Dystrophy
patients; and Mrs. Julie Wittick presented a cheque in the amount of $200.00 to His
Worship Mayor Thomson to be donated to the Muscular Dystrophy Association and
provided T-shirts to Mayor Thomson and members of Council.
Mayor Thomson extended congratulations to Mr. & Mrs. Vi4llick on behalf of the City,
for their efforts in such a worthy cause.
f4th Annual Terry Fox Run
Elisabeth Teunis advised that the Terry Fox Run was being held on September 18, ,.
1994 at Oakes Park in order to raise funds for cancer research and that Niagara Falls had
collected over $175,000 in the past ten years. Ms. Teunis presented plaques to His ~
Worship Mayor Wayne Thomson, Alderman Ed Sherar and Alderman Pat Cummings in
recognition of their efforts and participation in previous Terry Fox Runs. ~
Alderman Gary Hendershot, Chairman forthe Niagara Falls Dream Team requested
Councirs support to commit $100.00 each and Mayor Thomson to commit $300.00 on
behalf of the Niagara Falls Dream Team.
Alderman Kim Craitor advised that $2,000 would be donated on behalf of the
Niagara Falls District Labour Council.
MS. Teunis provided "Terry Fox Niagara Falls Dream Team T-shirts to Mayor
Thomson and members of Council and invited everyone to attend and participate.
Noise By-law Complaints
Mr. EaH Cummer, 5555 Fraser Street expressed concems regarding excessive
noise in the neighbourhood and requested that the matter be looked into.
- AND -
Communication No. 262 - (HANDOUT) - Correspondence from Mr. EaH Cummer. The
communication provided information regarding noise in the neighbourhood.
Following further discussion, it was ORDERED on' the motion of Alderman
Cummings, seconded by Alderman Germano, that a furl report be prepared with respect
to Mr. Cummer's complainL Catned Unanimously.
...3
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UNRNISHED BUSINESS
Maclean Hunter, Roclers Communications Merelet
Mr. Ben Craig, Rogers Communications Inc., provided an overview of the benefits
of a proposed merger between Rogers Communications and Maclean Hunter to Niagara
Falls and Southwestern Ontario including the proWsion of electronic school link programs;
support for a National Voice Print Service for the blind and sight impaired; improvements
to community programming in providing coverage for the 1995 Ontario Winter Games and
the Niagara Blossom Festival and the provision of grants to Brock University and Niagara
College. Mr. Craig discussed 'discretionary services' and rate increases,' and indicated that
rates would not go up due to the merger.
His Worship Mayor Thomson thanked Mr. Craig for his presentation.
Following some discussion, it was ORDERED on the motion of Alderman
Hendershot, seconded by Alderman Cummings, that the proposed merger between Rogers
Communications Inc. and Maclean Hunter be endorsed. Carried Unanimously.
Mr. Jose Jacinto - Building Construction at 5729 McLeod Road
Mr. Jacinto was invited to attend the meeting and was in attendance.
The City Solicitor advised that the City would be requesting the Court to find Mr.
Jacinto in contempt of the Court Order issued by Justice Nichols and that Mr. Jacinto be
required to comply with the Court Order by providing documentation that the building
conformed with the Building Code and if the building did not comply, that it would be
demolished.
The City So~citor responded to concerns regarding the issuance of a bu~ding permit
and advised that a permit was issued to Mr. Jacinto for footings and foundations only.
Following some discussion, it was ORDERED on the motion of Alderman Craitor,
seconded by Alderman Fisher, that Mr. Jacinto's request to reduce the Letter of Credit from
$10,000 to $3,000 be denied. The motion Carried with Aldermen Orr and Susin voting
contrary to the motion and with all others voting in favour.
- AND -
L.94-47 - Chief Administrative Officer, Jose Jacinto; 5729 McLeod Road, Niagara
Falls. The report recommends that the report is for the information of Council.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that
the report be received and filed. Carried Unanimously.
- AND -
L-94-50 - Chief Administrative Officer. Re: Jose Jaclnto, 5729 McLeod Road. The
report recommends that the Corporation retain a wrecking contractor to forthwith complete
the work which Jose Jacinto was directed to carry out under the Order of the Property
Standards Officer, namely the removal of debris and inoperable vehicles from the subject
pr. operfy
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cowan, that the
report be received and adopted. Carried Unanimously.
Casino Referendum
Prior to dealing with further matters on the Agenda, Alderman Ed Sherar requested
that Council reconsider the question of having a gambling casino referendum placed on
the 1994 balloL
,,,4
._L__.
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ORDERED on the motion of Alderman Sherar, seconded by Alderman Orr, that Council
reconsider having a gambling casino referendum on the 1994 municipal ballot.
Discussions ensued regarding delaying reconsiderafion until October 3, 1994 in
order to see whether a casino in Niagara Falls will be considered by the Provincial
government.
The City Solicitor advised that a by-law would be prepared to have a motion to
reconsider at that time.
The City Clerk informed that information from the Ministry of Municipal Affairs
indicates that the public notification period should be one calendar month prior.
Following further discussion, it was ORDERED on the motion of Alderman Ward,
seconded by Alderman Germano, to defer reconsideration to October 3, f994 or to any
date earlier as advised by legal Council. The motion Carried with Aldermen Orr and Susin
voting contrary to the motion and with all others voting in favour.
Communication No. 268 - Regional Niagara, Office of the Clerk - Re: Proposed
Stopping Up and Closing and Disposal of a portion of Mountain Road. The
communication requests Council support a resolution regarding the stopping up and closing
of a portion of Regional Road 70 (Mountain Road) between the easterly limit of the
Townline Road, and the westerly boundary of Beechwood Road; and further to approve
the Region's assumption of the portion of Beechwood Road between the south limit of
Mountain Road and the north limit of Thorold Stone Road to become part of the Regional
Road system.
ORDERED on the motion of Alderman Susin, seconded by Alderman Janvary, that the
communication be referred to staff. Carried Unanimously.
Communication No. 269- Association of Municipal Clerks and Treasurers of Ontario
(AMCTO) - Re: CMO designation. The communication announces to members of Council
that the City Clerk, Elwood C. Wagg has successfully completed a~ of the requirements
of the Certified Municipal Officer (CMO) designation of the Association of Municipal Clerks
and Treasurers of Ontario.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the
communication be received and filed for the information of Council. Carried Unanimously.
COMMUNICATIONS
Communication No. 263 - Sinclair, Crows, Solicitors, on behalf of Auto Line Toyota -
Re: Hot Air Balloon. The communication requests a special occasion permit in order to
use a hot air balloon for special events and promotions.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that staff
prepare the approprfate amendment to the sign by-law to allow for the use of a hot
airballoon for advertising purposes at Auto Line Toyota. Carried UnanimousIv.
Communication No. 264 - Chippawa Lions Club - Re: Cow Patty Bingo. The
communication requests that a licence be granted to permit the holding of "Cow Patty
Bingo" on October 15, 1994 in Chippaws.
ORDERED on the motion of Alderman Fisher, seconded by AIderman Cummings, that staff
be instructed to grant a licence subject to completion dan application. The motion Carried
with Alderman Ward abstaining from the vote on a conflict of interest and with all others
voting in favour.
Communication No. 265 - City of SL Catharines - Re: Sale of Pornographic and Hate
Material The communication requests Council support a resolution requesting Members
of parliament and Federal Parliament to stop the sale of such material to children and that
this material, whether in print, music or video form, should not be allowed to be sold to
persons under the age of eighteen.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the
request be supported. Carried Unanimously.
Communication No. 266- The Corporation of the Town of Oakville -Re: Bill 163. The
communication requests Council support the comments forwarded to the Legislative
Committee on Bill f63 respecting planning issues and conflict of interest issues.
ORDERED on the motion of Alderman Hendershot, seconded by AIderman Cummings, that
the request be supported. Carried Unanimously.
Communication No. 267 - Ontario Parks Association - Re: Proclamation. The
communication requests Council proclaim the week of October 1 - 7, 1994 as "Community
Parks Week".
ORDERED on the motion of Alderman Janvary, seconded by Alderman Craitor, that the
request be supported subject to established policy..CanYed Unanimously.
Communication No: 270 - Corporation of the Township of Black River - Matheson -
Re: Association of Mining Municipalities of Ontario. The communication requests that
the municipality become a member of the Association of Mining Municipalities of Ontario.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Cowan, that the
communication be received and filed for the information of Council. Carried Unanimously.
Communication No. 271 - City of Welland - Re: Niagara Waste Management
Transition Feasibility Study. The communication advises Council of resolution to "stop"
further work on the Regional Municipality of Niagara Waste Management Transition
Feasibility Study until there is agreement that Regional Niagara has a role in waste
management activities that are currently being provided to the residents of the Niagara
Region by the area municipalities.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
communication be received and filed for the information of Council. The motion Carried
with Alderman Susin voting contrary to the motion and with all others voting in favour.
Communication No. 272 - Regional Niagara, Pubtic Works Department - Re: Anti-
Whistling By-law, Portage Road. The communication advises of the construction of a
level crossing at Portage Road with a Railway Crossing Protection System consisting of
lights, gates and bells and requesting Council to implement an anti-whistling by-law.
ORDERED on the motion of Alderman Orr, seconded by AIderman Ward, that the request
be supported. The motion Carried with Alderman Hendershot abstaining from the vote on
a conflict of interest previously noted; and Aldermen Cowan, Cummings, Germano and
Janvary, voting contrary to the motion and with a~ others voting in favour.
Communication No. 273 - Regional Niagara, Office of the Clerk - Re: f993 Regional
Roads Update. The communication provides information on amendments to the Regional
Road System Consolidating By-law.
ORDERED on the motion of Alderman Susin, seconded by Alderman Cummings, that the
communication be referred to staff. Carried Unanimously.
COmmunication No. 274 - Regional Niagara, Office of the Clerk - Re: Resolution .
The communication requests Council support a resolution expressing concerns to the
Premier of Ontario that recent actions by an individual member of the Government of
Ontario appear designed to circumvent the democratic processes established by the
Legislative Assembly; and that the Premier be requested to issue a formal statement
confirming the existing legislative processes as they relate to planning matters and the role
of the Sewell Commission and further that the Premier be requested to caution individual
members of his government about the propriety of appearing to interfere in the role or
process of local governments through their words or actions,
_L_
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ORDERED on the motion of Alderman Orr, seconded by Alderman Craitor, that the
communication be received and filed for the information of Council. Carried Unanimously.
Communication No. 275 - Twila Copfer - Re: AM-23/94, Zoning Amendment 4130 Main
Street (Chippews). The communication requests that no development charges be
assessed, because the property is already an established lot which had been serviced.
ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the
request to waive the development charges be granted. Carried Unanimously.
REPORTS
MW-94-171 - Chairperson, Municipal Parking and Traffic Committee - Re:
Municipal Parking & Traffic Committee Recommendations of August 16,
Meeting. The report recommends the fo~owing:
1994
1. MW-94-128 - Buchanan Ave. - Request for Taxi Stand - that a taxi stand be
implemented on the east side of Buchanan Ave. from a point 72m south of Murray SL to
a point 82m south of Murray Street;
1, That the minutes of the August 8,
approved;
- 7-
1994 Municipal Works Committee Meeting be
2. MW-94-174 - Fire Hydrant Location (7678 Southwood Drive) - that Report MW-94-174
be received and filed for information;
3. MW-94-181 - Tipping Fee for Roofing Material - that Report MW-94-181 be received
and filed for information and that a future meeting be convened respecting this matter and
that all information be made available respecting to what other Municipalities do; - Mr. Uwe
Ramputh (4310 Simcoe Street) - that Mr. Uwe Ramputh (4310 Simcoe Street) be waived
of Tipping Fees to dispose of his shingles at the City's Landfill Site;
- Ms. Oda C. Morgan (6307 Carolyn Avenue) - that Ms. Morgan be refunded $22 for costs
f incurred for Tipping Fees - Opposed: Alderman Pat Cummings;
- Mr. Dave D'Avolio (6532 Barker Street) - that Mr. Dave D'Avolio be refunded in the
i' amount of $47 fro Tipping Fees paid - Opposed: Aldermen Cummings; Ward; Orr,' Fisher
and Cowan; -
- Mr. Gino Capitano (4633 Dorchester Road) - that Mr. Gino Capitano be refunded $93 for
Tipping Fees paid fdr disposal of shingles - Opposed: Aldermen Cummings; Ward; Orr;
Fisher; Cowan;
2. MW-94-140 - Cadton Ave. at Corwin Crescent Intersection Control Review - that f) the
stop signs currently located in the northbound and southbound direction on Carlton Avenue
be relocated to the eastbound and westbound direction on Cotwin Crescent; 2) that
crosswalks be applied on all approaches at the intersection of Cadton Avenue and Coffin
Crescent; and 3) that stop bars be applied in the eastbound and westbound directions on
Carlton Avenue at Coffin Crescent;
3. MW-94-141 - Westwood Street - Parking Restriction Review - that 1) Parks &
Recreation staff make the necessary arrangements for the inclusion of the construction of
a parking facility at Gus Munro Park in the 1995 budget; and that 2) parking be restricted
on the south side of Westwood St. from Kalar Road to Alderbrae Crt. between the hours
of 5 p.m. and 9 p.m., Monday to Friday;
4. MW-94-142 - Wilson Crescent - Parking Restriction Review - that parking be restricted
on both sides of Wilson Crescent from Sootheran Drive to the northerly limit of Wilson
Crescent;
5. MW-94-143 - Highland Avenue - Parking Prohibition - that comer parking restrictions
be implemented on the north and south approach on highland Avenue at High Street;
6. MW-94-170 - Greendale Public School - Crossing Guard Relocation - that a second
Crossing Guard be added to assist children in crossing Montrose Road;
7) Ferguson Avenue - Request for Heavy Truck Restriction - that 1) Heavy vehicle
restrictions be implemented on the entire length of Whirlpool Road and on Church's Lane
between Stanley Avenue and Whirlpool Road; and 2) that the Region of-Niagara be
requested to install "No Heavy Truck" Signs on Victoria Avenue just north of Leader Lane
for northbound traffic.
ORDERED on the motion of Alderman Ward, seconded by Alderman Orr, that the report
be received and adopted. Carried Unanimously.
See By-law No. 94-207
See By-law No. 94-208
RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS
ORDERED on the motion of AIdermsn Hendemhot, seconded by AIderman Cummings, that
the actions taken on the following matters by the Municipal Works Committee, earlier this
evening be approved.
4. MW-94-178 - Second Avenue Basement Flooding - that Report MW-94-178 be
received and filed for information;
5. MW-94-169 - Municipal Works Department Building Division - Report for July, 1994 -
that Report MW-94-169 - Municipal Works Department Building Division - Report for July
1994 be received and filed for information;
6. MW-94-f64.- Provincial 3 R's Regulations - Implications on City of Niagara Falls - that
the Report MW-94-164 - Provincial 3R's Regulation - Implications on the City of Niagara
Falls be received and filed for information and that the matter be further considered during
final budget deliberations;
7. MW-94-182 - Canada/Ontario Infrastructure Works Program Reallocation - Victoria
Avenue -that 1) the Committee approve the reallocation of funds under the Canada/Ontario
Infrastructure Works Program; and 2) that the application be forwarded to the
Canada/Ontario Infrastructure Works Program Committee;
8. MW-94-172 - Contract 93-110-1 - Underground Services, Road Rehabilitation and
Streetscaping on Victoria Avenue, Ferry Street to I/Valnut Street - that the unit prices
submitted by the low tenderer, Provincial Construction (Montrose) Ltd. be accepted and
the By-law be passed;
' 9. MW-94-173 - Contract 93-110-ll - Underground Services, Road Rehabilitation and
Streetscaping on Victoria Avenue, Walnut Street to Roberls Street (Hwy. 420) - that the
unit prices submitted by the low tenderer, DeRose Bros. General Contracting Ltd., be
accepted and the By-law be passed;
10. Information Items - (i) Open House - City of Niagara Falls Sewer System Analysis and
COmbined Sewer Overflow (CSO) Abatement Study; (ii) Victoria Avenue Streetscape
Project -Schedule (Verbal); (iii) Memorandum from Chief Building Official Re: Building
Permits - that the memorandum re: Building Permits be received and filed for information;
11. Coronation Center Parking - that the amended plan with respect to the Coronation
Center Parking Lot be approved - Opposed: Aldermen Ward and Cowan;
L
...8
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The motion Carded with Aldermen Ward and Cummings voting contrary to the motion
regarding the waiving of tipping fees for Mr. Uwe Ramputh; Alderman Cummings voting
contrary to the motion regarding refund of costs incurred for tipping fees by Ms. Orla C.
Morgan; Aldermen Cummings; Ward; Orr,' Fisher and Cowan voting contrary to the motion
regarding the refund of tipping fees paid by Mr. Dave D'Avolio; Aldermen Cummings; Ward;
Orr; Fisher,' Cowan voting contrary to the motion regarding refund of tipping fees paid for
disposal of shingles by Mr. Gino Capitano; Aldermen Cowan and Ward voting contrary to
the motion regarding Coronation Center Parking lot and with all others voting in favour.
See By-law No. 94-216
See By-law No. 94-217
PD-94-126 - Chief Administrative Officer - Re: AM-26/94 Thorowest Plaza Appfication.
The report recommends that the report is for the consideration of Council.
- AND -
Communication No. 276 - Correspondence from Jean Grandoni. The communication
advises that the application should not be reconsidered until the ongoing study on W-5-2
Tributary of Shriners Creek has been completed and the creek drainage design is
satisfactory to the downstream landowners, the Ministry of Natural Resources; the Niagara
Conservation Authority and Federal Fishodes.
ORDERED on the motion of Alderman Puffick, seconded by Alderman Germano, that the
application be reconsidered. The motion Carded with Alderman Janvary voting contrary
to the motion and with all others voting in favour.
ORDERED on the motion of Alderman Puffick, seconded by Alderman Cummings, that the
correspondence from Miss Jean Grandoni be received and filed for the information of
Council. Carded Unanimously.
PD-94-129 - Chief Administrative Officer - Re: Niagara Falls Tourism Master Plan. The
report recommends that Council authorize the Mayor and Clerk to execute an agreement
that Oxford University Press Canada be permitted to copy two drawings (C6 and C10) from
the Niagara Falls Tourfsm Master Plan at no charge.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carded Unanimously.
PD-94-131, Chief Administrative Officer - Re: Site Plan Approval Proposed
Commercial Plaza, The Landcorp Group; SE Corner of Montrose & Thorold Stone
Roads SPC-94-03. The report recommends the following:
1. That Council approve the above subject Site Plan for a proposed commercial
development pursuant to Section 41 of the Planning Act;
2. That Council pass the by-law on tonighrs agenda that amends By-law 114 designating
a fire route for the above subject development proposal as shown on the attached plan
and the display plan.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. CanYed Unanimously.
PD-94-133 - Chief Administrative Officer- Re: Alternative Development Standards
Guidelines, Ministry of HousinyMinistry of Munlcipal Affairs: The report recommends
the following:
1) That Council receive this information;
2) That a copy of this report be sent to the Ministies of Housing and Municipal Affairs as
the City's commentary on the above subject guideline.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Sherar, that the
report be received and adopted, Carded Unanimously.
...9
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R-94-55 - Chief Administrative Officer - Re: Canada-Ontario Infrastructure Works
Program -Parks & Recreation and Municipal Works. The report recommends the
following:
That Council support the revised applications under the Canada-Ontario Infrastructure
Works Program;
2. That the applications be submitted to the Infrastructure Works Program Review
Committee for approval.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the report be received and adopted. Carried Unanimously.
See By-law No. 94-210
F-94-28 - Chief Administrative Officer - Re: Extension Agreements for Registered
Property owned by Gillman Motels Ltd. located at 86f8 Lundy's Lane and Giuseppe
Morinello located at 7666 Lundy's Lane. The report recommends that Council approve
the By-laws authorizing extension agreements for properties previously registered at 8618
Lundy's Lane and 7666 Lundy's Lane.
ORDERED on the m6tion of Alderman Cummings, seconded by AIderman Henderehot, that
the report be received and adopted. Carried Unanimously.
See By-law No. 94-220
F-94-29 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $2,319,246.14 for the period ending August 29,
1994, be approved by the passing of the by-law appearing later on the agenda.
Further information was requested on Cheque Nos. 204879; 204783 and 204538.
ORDERED on the motion of Alderman Hendershot, seconded by AIderman Ward, that the
reports be received and adopted. The motion Carried with Aldermen Cowan, Cummings,
Craitor, Sherar, Susin and Ward, abstaining from the vote on conflicts of interest previously
noted and with all others voting in favour.
See By-law No. 94-218
CD-94-39 - Chief Administrative Officer - Re: Reduction and Refund of Taxes Section
443 Municipal Act; Property at 5020 Heather Avenue. The report recommends that a
refund of taxes amounting to $76.38 for 1993 be made to Mr. and Mrs. Diodati.
ORDERED on the motion of Alderman Hendershot, seconded by AIderman Cummings, that
the report be received and adopted. Carried Unanimously.
CD-94-4f - Chief Administrative Officer - Re: Special Occasion Permit; Royal
Canadian Legion Branch 5f, Annual Barbecue. The report recommends that Council
indicate it has no objection to the issuance of a Special Occasion Permit to the
organization listed in this report.
ORDERED on the motion of Alderman Susin, seconded by Alderman Cummings, that the
report be received and adopted. Carded Unanimously.
L.94-44 - Chief Administrative Officer - Re: Firearms Amending By-law. The report
recommends that Council select one of the following options:
1. That a By-law be passed in the form attached hereto to expand the designated area
in the City of Niagara Falls where the discharge of firearms are prohibited; to add
cross-bows and long-bows to the list of firearms that are prohibited in the designated
area of the City of Niagara Falls, and to increase the fines;
2. That a copy of this By-law be circulated to affected groups for their comments and that
the matter be brought back to Council at a meeting in September, f994;
- 10 -
3. That this report be received and filed.
ORDERED on the motion of AIderman Cummings, seconded by AIderman Hendershot, that
a copy of this By-law be cimulated to affected groups for their comments and that the
matter be brought back to Council at a meeting in September, 1994. Carded Unanimously.
L-94.45 - Chief Administrative Officer - Re: Sale of Surplus Land - Ferraro North of
Dorchester Fire Station. The report recommends the following:
That the City of Niagara Falls sell part of Township Lot 54, in the former Township of
Stamford designated as part 1 on Reference Plan 59R-8903 to Francesco Ferram for
the appraised value of $2,966.00 plus costs and the Mayor and Clerk be authorized to
execute a Transfer/Deed to Francesco Ferraro;
11 -
THEREFORE BE IT RESOLVED THAT the Minister of Transportation be requested to
immediately rectify this error and have the signage at the Queen Elizabeth Highway and
Thorold Stone Road East changed to clearly indicate "Thorold Stone Road East Niagara
Falls ".
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 59 - HENDERSHOT - CUMMINGS - RESOLVED that the unit prices submitted by the
low tendemr, Provincial Construction (Montrose) Ltd., for Contract #93-110-1- Underground
Services, Road Rehabilitation and Streetscaping on Victoria Avenue; Ferry Street to Walnut
Street, at the low tendered amount of $1,495,420.17, be accepted;
AND the Seal of the Corporation be hereto affixed.
Carried UnanimousiV
2. That Part 2 on Reference Plan 59R-8903 be transferred to The Regional Municipality
of Niagara for mad widening purposes.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that
the report be received and adopted. Cardried UnanimousIv.
See By-law No. 94-214
See By-law No. 94-215
NO. 60 - CUMMINGS - JANVARY - RESOLVED that the unit prices submitted by the low
tendemr, DeRose Bros. General Contracting Ltd., for Contract #93-110-11 - Underground
Services, Road Rehabilitation and Streetscaping on Victoria Avenue; Walnut Street to
Roberts Street, at the low tendered amount of $1,138,858.66, be accepted;
AND the Seal of the .Corporation be hereto affixed.
Carried Unanimously
L-94-46 - Chief Administrative Officer - Re: Hawkers & Pedlars Amending By-law.
The report recommends that Council pass the by-law amending the Hawkers & pedlars
Schedule of the Licencing By-law No. 76-102 to clarify and improve various provisions in
the Schedule.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
See By-law No. 94-209
L-94.49 -Chief Administrative Officer- Re: Sinclair/Krkl, ius Agreement with City Land
Division Committee Applications B-348/88 and B,42/89 Miller Road at Willoughby
Drive. The report recommends that Council authorize the execution by the Mayor and
Clerk of an Agreement dated August 19, 1994 between Brian Sinclair, Milka Krkljus and
the City regarding a Letter of Credit as a condition of severance.
ORDERED on the motion of Alderman Henderehot, seconded by AIderman Fisher, that the
report be received and adopted. Carried Unanimously.
See By-law No. 94-205
L-94-Sf -. Chief Administrative Officer - Re: Takia & Vasiliki Maniakaros; 4437 Queen
Street. The report recommends that the Corporation retain a contractor to forthwith
complete the work which Takia and Vasiliki Maniakams were directed to carry out under
the Order of the Property Standards Officer, namely the removal of a sign and debris from
the subject properly, and the repair of windows.
ORDERED on the motion of Alderman Cummings, seconded by~lderman Fisher, that the
report be received and adopted. Carded Unanimously.
Mayor Wayne Thomson - Re: SIgning of Q.E.W. at Thorold Stone Road, The report
requests that Council endorse the recommendations.
ORDERED on the motion of Alderman Germano, seconded by Alderman Craitor, that the
report be received and adopted. Carded Unanimously.
See Resolution No. 58
RESOLUTIONS
NO, 58 - WARD - CRAITOR - WHEREAS Thomld Stone Road ~s a major access mute into
the City of Niagara Falls; and WHEREAS existing signage on the Queen Elizabeth
Highway Fails to identify Thorold Stone Road East as an access to Niagara Fails;
NO. 6f - JANVARY - SUSIN - RESOLVED that a letter of congratulations be forwarded
to Mike Stranges on the occasion of his recent Gold Medal win for Boxing at the 1994
Commonwealth Games.
AND the Seal of the Corporation be hemto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Fisher, seconded by Alderman Sherar, that leave
be granted to introduce the following by-laws, and the by-laws be read a first time:
94-205
94-206 DEFERRED
94-207
94-208
94-209
94-2t0
94-2tt
A by-law to authorize the execution of an agreement with Brian Sinclair and
Milika Krkljus for the purpose of releasing a Letter of Credit.
.l
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Stop Signs, Heavy Vehicle Restriction, Taxi Cab
Stands).
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking).
A by-law to amend Schedule 13 of By-law No. 76-102, as amended, being
a Schedule in respect of the issuance of licences for hawkers and pedlars.
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
Municipal Affairs respecting a Provincial/Municipal Infrastructure Program.
A by-law to amend By-law No, 395, 1966 of the former Township of
Willoughby, now in the City of Niagara Falls, as amended and By-law No.
79-200, as amended. (AM-17/93, Queensway Chippawa Properties Inc.,
Chippawa West Phase f Subdivision)
- 12 -
94-212
A by-law to amend By-law No. 79-200, as amended. (AM-18/94, 5609 Ellen
Ave. & 5020 Centre SL, P. Ramunno)
94-213
A by-law to authorize the execution of a Permission to Reprint form
respecting Oxford University Press Canada.
94-214
A by-law to authorize the sale of Part 1 on Reference Plan 59R-8903 to
Francesco Ferraro.
94-215
A by-law to authorize the transfer of Part 2 on Reference Plan 59R-8903 to
The Regional Municipality of Niagara.
94-216
A by-law to authorize the execution of an agreement with DeRose Bins.,
General Contracting Ltd., respecting underground services, mad
rehabilitation and streetscaping on Victoria Avenue and Palmer Avenue.
94-217 A by-law to authorize the execution of an agreement with Provincial
Construction (Montrose) Ltd. respecting underground services, road
rehabilitation and streetscaping on Victoria Avenue.
94-218 A by-law to authorize monies for General Purposes (August 29, 1994).
94-219
A by-law to authorize the execution of an agreement with George and Anne
Litnewski, as joint tenants, respecting the installation of a watermain on
Mewburn Road.
94-220
A by-law to authorize the execution of an agreement with Giuseppe Morinello
respecting a Tax Arrears Certificate.
94-221
A by-law to authorize the execution of an agreement with Gillman Motels
Ltd., respecting a Tax Arrears Certificate.
The motion Canfed with Aldermen Cowan, Cummings, Creitor, Sherar and Susin
abstaining from the vote on By-law No. 94-218 on conflicts of interest previously noted and
with all others voting in favour,
ORDERED on the motion of Alderman Cummings, seconded by Alderman Rsher, that the
following by-laws be now read a second and third time:
94-205
A by-law to authorize the execution of an agreement with Brian Sinclair and
Milika Krkljus for the purpose of releasing a Letter of Credit.
94-206 DEFERRED
94-207
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Stop Signs, Heavy Vehicle Restriction, Taxi Cab
Stands).
94-208
A by-taw to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads (Parking).
94-209
A by-taw to amend Schedule 13 of By-law No. 76-102, as amended, being
a Schedule in respect of the issuance of licences for hawkers and pedlars.
94-210
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
Municipal Aftairs respecting a Provincial/Municipal Infrastructure Program.
- 13 -
94-211
A by-law to amend By-law No. 395, 1966 of the former Township of
Willoughby, now in the City of Niagara Falls, as amended and By-law No.
79-200, as amended. (AM-17/93, Queensway Chippawa Properties Inc.,
Chippaws West Phase I Subdivision)
94-212
A by-law to amend By-law No. 79-200, as amended. (AM-18/94, 5609 E~en
Ave. & 5020 Centre St., P. Ramunno)
94-213
A by-law to authorize the execution of a Permission to Reprint form
respecting Oxford University Press Canada.
94-214
A by-law to authorize the sale of Part I on Reference Plan 59R-8903 to
Francesco Ferraro.
94-215
A by-law to authorize the transfer of Part 2 on Reference Plan 59R-8903 to
The Regional Municipality of Niagara.
94-216
A by-law to authorize the execution of an agreement with DeRose Bros.,
General Contracting Ltd., respecting underground services, road
rehabilitation and streetscaping on Victoria Avenue and Palmer Avenue.
94-217
A by-law to authorize the execution of an agreement with Provincial
Construction (Montrose) Ltd. respecting underground services, road
rehabilitation and streetscaping on Victoria Avenue.
94-218 A by-law to authorize monies for General Purposes (August 29, 1994).
94-219
A by-law to authorize the execution of an agreement with George and Anne
LitnewskL as joint tenants, respecting the installation of a watermain on
Mewbum Road.
94-220
A by-law to authorize the execution of an agreement with Giuseppe Morinello
respecting a Tax Arrears Certificate.
94-221
A by-law to authorize the execution of an agreement with G/I/man Motels
Ltd., respecting a Tax Arrears Certificate.
The motion Canfed with Aldermen Cowan, Cummings, Craitor, Sherar and Susin
abstaining from the vote on By-law No. 94-218 on conflicts of interest previously noted and
with all others voting in favour.
NEW BUSINESS
· Level Cross/n; at Portacle Road - Trains
Alderman Pat Cummings referred to the construction of a level crossing at Portage
Road and requested information regarding the length of trains and the time limit of how
long they can block raftway crossings.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
a .report be provided regarding the length of trains and the time limit on how long they can
block railway crossings. Carried Unanimously.
Store Re-openlnrl In Chll~13awa
...13
Alderman Shirley Fisher referred to the grand re-opening of the IGA Store in
Chippaws on August 31, 1994 at 8:30 a.m, and invited everyone to attend the ceremonies,
._.L__..
- 14 -
- 15-
Citv's Official Historian
Alderman Shirley Fisher requested whether the City has an Official Historian and
was advised that since the passing of Mr. George Seibel, the City's Official Historian, that
the malter had not been looked into. It was suggested that the Historical Society be
contacted for their recommendations.
1994 Commonwealth Games
ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that a letter
of congratulations be fonvarded to Mike Stranges on his recent Gold Medal win for Boxing
at the 1994 Commonwealth Games. Carded Unanimously.
See Resolution No. 61
Niaqara Falls Thunder A~lreement
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the Chief
Administrative Officer reply to Mr. Toby Mace who questioned the changes in the Niagara
Falls Thunder Agreement and how this would effect the taxpayers. Carried Unanimously.
Policy on Government Mailinqs
Alderman Norm Puttick referred to receipt of an invitation for a lOth annual picnic
with the House of Commons logo and asked that a letter be forwarded to our local M.P.,
Mr, Gary Pillitteri, requesting information regarding the policy on correspondence mailed
out for private functions; and information on where the proceeds respecting the sale of food
at the event were being allocated to.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that a letter
be forwarded to Mr. Gary Pillitteri requesting information on policy respecting
correspondence that is mailed out for private functions; and where the proceeds respecting
the sale of food being allocated to. Carried UnanimousIv.
United Wav Hot Doa Day Dunk Tank
Alderman Kim Craitor referred to the events held at City Hall on F~Yday, August 26,
1994 for the United Way and thanked Mr. t4411y Noiles, Niagara Falls Chronicle and Mr.
BrYan Davies for their enthusiasm and unscheduled participation .in the "Dunk Tank".
1995 Current Budget
At the request of Alderman Pat Cummings, the Chief Administrative Officer provided
information on his Inter-Office Memorandum to all Department Heads regarding the 1995
Current Budget and the 1995 Budget Schedule.
Truck Traffic on Carroll Avenue
His Worship Mayor Thomson referred to a petition from Carroll Avenue residents
with respect to truck traffic concerns on the street.
ORDERED on the motion of Alderman Susin, seconded by AIderman Orr, that the matter
be referred to the Parking and Traffic Committee. The motion Carried with Alderman Ward
abstaining from the vote on a conflict of interest and with all others voting in favour.
Nia.oara District Airl3ort Commission
His Worship Mayor Thomson referred to correspondence received from the Niagara
District Airport Commission requesting a reaffirmation of Council's support for the transfer
of the Niagara District Airport to the Town of Niagara-on-the-Lake.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Hendershot, that
the request be approved. Carried Unanimously.
Mavor's 3rd Annual Charitable Picnic
Mayor Thomson provided information on the Mayor's 3rd Annual Charitable Picnic
on September 11, 1994 at the Serbian Picnic Grounds, with proceeds going to Project
Share, the United Way and the Cancer Society. Mayor Thomson referred to Project
Share's Trash Pick-up from August 29, 30, 31 and September 1, 1994; and the United Way
Street Dance on September 9, 1994 on Centre StreeL
Alderman Margaret Germano requested donations for the silent auction to be held
at the Mayors Picnic. Mayor Thomson suggested that donations of a picture of Niagara
Falls, book-ends and pen sets be provided on behalf of the City.
ORDERED on the motion of Alderman Hendershot, seconded by AIderman Cummings, that
the meeting be adjourned. Carded Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
TWENTY THIRD MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
September 12, 1994
Council met on Monday, September 12, 1994 at 6:30 p.m. in Committee of the
Whole. All members of Council, with the exception of Alderman Cowan, who was called
away on business, were presenL Alderman Judy Orr presided as Chairman.
Following consideration of the items presented, the Committee of the Whole rose
to report in open session.
READ AND ADOPTED,
~~ERK
MAYOR WAYNE THOMSON
PLANNING MEETING
Council Chambers
September 12, 1994
Council met on Monday, September 12, 1994 at 7:30 p.m. for the purpose of
considering Planning Matters and Regular Business. All members of Council, were in
attendance, with the exception of Alderman Bruce Cowan, who was called away on an
emergency matter. His Worship Mayor Thomson presided as Chairman. Alderman Puttick
offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Kim Craitor indicated a pecuniary interest on Report MW-94-183 and By-
law No. 94-224, because he resides on the street.
Alderman Fermino Susin indicated a pecuniary interest on Report PD-94-136 and
By-law No. 94-223 because he has performed some work in the subdivision.
PLANNING MATTERS
PD-94-136 - Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-28/94,; Part Lot 22, Registered Plan 74, Pinellas Park Drive; 800460
Ontario Ltd. (Eric Henry). The report recommends that Council approve the above
subject application to satisfy a condition of severance of the subject lands.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The Deputy City Clerk advised that the Notice of the Public Meeting had been
forwarded by prepaid first class mail to all owners and persons assessed as of land within
120 meters of the subject lands on August f2, 1994.
...2
-2-
His Worship Mayor Thomson received indication that Mr. Eric Henry, applicant was
in attendance and received a positive response to his request for a show of hands by
persons present who were interested in the application. He requested that all persons
wishing to receive further notice of the passage of the by-law submit their names and
addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the following information included in Technical
Report No. PD-94-127; Planning Review; Compatibility with the subdivision design; Nature
of the Zone Change; Servicing and the Public Notification Process.
His Worship Mayor Thomson received a negative response to his request for
comments from persons, other than the applicant or his agent, in support of the application,
and received a negative response from persons opposed to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson declared
the Public Meeting with regard to Application AM-28/94 closed.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that
the report be received and adopted. The motion Carried with Alderman Susin abstaining
from the vote on a conflict of interest previously noted and with all others voting in favour.
See By-law No. 94-223
PD-94-f39 - Zoning By-law Amendment App~cation; AM-26/94; Stamford Presbyterian
Church, St. Paul Avenue MacKenzie Butchard Inc. Architects. The report recommends
the fofiowing:
That Councfi approve the proposed amendment appficafion which will afiow for an
expansion of the church site to accommodate additional parking, provide for a minor
building addition and set a revised parking standard for the overall development;
2. That the expanded church site be included under site plan control and that revision to
the site plan be made to reflect the concerns noted in this report.
- AND -
Communication No. 277- The Regional Municipafity of Niagara, Servicing Review
and Approvals. The communication advises as having no objections to the rezoning
appfication,
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning AcL
The Deputy City Clerk advised that the Notice of the Pubtic Meeting had been
forwarded by prepaid first class mail to all owners and persons assessed as of land within
120 meters of the subject lands on August 12, 1994.
His Worship Mayor Thomson received indication that Mr. Robert MacKenzie was
in attendance on behalf of the applicant; and received a positive response to his request
for a show of hands by persons present who were interested in the application. He
requested that aft persons wishing to receive further notice of the passage of the by-law
submit their names and addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development referred to the subject property with the
assistance of poated sketches and reviewed the following information included in Technical
Report No. PD-94-135; Background; Parking Requirements; Expansion of Church Site; By.
· law Setback Requirements and the Public Notification Process.
...3
-3-
His Worship Mayor Thomson received a negative response to his request for
comments from persons, other than the applicant or his agent, in support of the application,
and received a negative response from persons opposed to the application.
Mr. Robert MacKenzie, Architect requested that the site plan agreement be
waived to a future date in order to accommodate the expansion that would take place in
three or four years; reviewed the parking facilities and responded to concerns regarding
the preservation and distance of the gravesites on the cemetery property.
Rev. Bill Vanderstelt provided some background history of church; advised that the
proposed changes were not designed to increase the capacity of the building, but to make
the building more accessible to the various groups using the facility and requested that
Council waive the site plan requirements.
Since no further comments were forthcoming, His Worship Mayor Thomson declared
the Public Meeting with regard to Application AM-26/94 closed.
ORDERED on the motion of Alderman Germano, seconded by Alderman Sherar, that
Council approve the proposed amendment application which will allow for an expansion
of the church site to ~ccommodate additional parking, provide for a minor building addition
and set a revised parking standard for the overall development. Carried Unanimously.
PD-94-138 - Official Plan & Zoning By-law Amendment Application; AM-24/94; 6753
Lyon's Creek Road; S. & B. Rizvic. The report recommends the following:
That Council approve the requested Official Plan amendments and temporary use by-
law which would permit the former Lyon's Creek School to be used to store used
restaurant and food store equipment;
2. That the by-law provide for the storage to occur within the existing building for a period
of three years (no outside storage to be permitted);
That the applicant be required to enter into an agreement with the City and to deposit
sufficient securities with the City to ensure that the property w~l be retumed to an
acceptable condition once the temporary use by-law expires;
That the applicant provide for all other requirements which will have to be met under
the Ontario Building Code, Ontario Fire Code, the Regional Health Unit, as well as any
required licenses which have to be obtained·
- AND -
Communication No. 278 - The Regional Municipality of Niagara, Servicing Review
and Approvals. The communication advises as having no objections to the rezoning
application; but indicates that the existing right-of-way width is in excess of fO0 feet wide
at the minimum and irregular and that new designing is required.
- AND -
Communication No. 279 - Regional Niagara Planning and Development Department -
Re: Proposed Official Plan and Zoning By-law Amendments. The communication
advises as having no objection to the approval of the application.
His Worship Mayor Thomson declared the Pubtic Meeting open and read the
procedure to be followed under the Planning Act.
The Deputy City Clerk advised that the Notice of the Public Meeting had been given
in the Niagara Falls Review and forwarded by prepaid first class mail to all owners and
persons assessed as of land within 120 meters of the subject lands on August 12, 1994.
...4
His Worship Mayor Thomson received indication that Mr. S. Rizvic, applicant, was
in attendance; and received a positive response to his request for a show of hands by
persons present who were interested in the application. He requested that all persons
wishing to receive further notice of the passage of the by-law submit their names and
addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the following information included in Technical
Report No. PD-94-134; Nature of the Amendments; Background; Official Plan; Physical
Analysis; Nature of the Requested By-law; Site Plan Control and the Public Notification
Process.
His Worship Mayor Thomson received a negative response to his request for
comments from persons, other than the applicant or his agent, in support of the application,
and received a negative response from persons opposed to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson declared
the Public Meeb~g with regard to Application AM-24/94 closed.
ORDERED on the motion of Alderman Puffick, seconded by Alderman Orr, that the report
be received and adopted. Carried Unanimously.
PD-94-140 - Chief Administrative Officer - Re: Official Plan & Zoning By-law
Amendment Application; AM-19/94 - 6398 Montrose Road, Vincent MarineIll. The
report recommends that Council not approve the requested Official Plan and Zoning By-law
amendments to legalize the existing cate~ng and food take-out business within a
residential area.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The Deputy City Clerk advised that the Notice of the Public Meeting had been given
in the Niagara Falls Review and forwarded by prepaid first class mail to all owners and
persons assessed as of land within 120 meters of the subject lands on August 12, f994.
His Worship Mayor Thomson received indication that Mr. Dante MarineIll, Solicitor,
was in attendance on behalf of the applicant; and received a positive response to his
request for a show of hands by persons present who were interested in the application.
He requested that aft persons wishing to receive further notice of the passage of the by-law
submit their names and addresses to the Clerk ptfor to leaving the meeting.
The Director of Planning and Development referred to the subject properly with the
assistance of posted sketches and reviewed the following information included in Technical
Report No. PD-94-130; Nature of the Amendments; Planning Review; Background; Official
Plan; Zoning By-law; Physical Assessment; Site Plan Control and the Public Notification
Process.
His Worship Mayor Thomson received a negative response to his request for
comments from persons, other than the applicant or his agent, in' support of the application,
and received a positive response from persons opposed to the application.
Mr. Anthony PHmerano, 6ff5 Trilllum Crescent, expressed concems regarding
the applicant not complying with fire and building codes; use of city property for a business
sign; and provided a petition from residents q.xpressing concerns regarding the proposed
application.
...5
Mrs. Betty Coutu, 6409 Montrose Road, indicated the petition which had been
circulated had suggested the business would operate as a restaurant and she was not in
favour of a restaurant in a residential area. She indicated she was in favour of the
application if the business remained a catering and take-out operation.
Mr. Dante MarineIll, Solicitor indicated the basement area was used as a
preparation area for the catering business; provided information regarding the home
occupancy use and requested that Counc~ legitimize this use. Mr. MarineIll advised that
the applicant would shift the parking area from the front to the rear area of the residence
in order that the residential ~avour is maintained.
/t was noted that any deficiencies must be corrected to ensure that the application
meets with the standards of the building code, the fire code and other applicable
standards.
Since no further comments were forthcoming, His Worship Mayor Thomson declared
the Public Meeting with regard to Application AM-19/94 closed.
ORDERED on the motion of Alderman Orr, seconded by Alderman Germano, that the
application be suppdrted. Carried Unanimously.
PD-94-137 - Chief Administrative Officer - Re: Official Plan & Zoning By-law
Amendment Application; AM-25/94 - 6080 McLeod Road (Shoppes of Drummond Park
Village); 1059051 Ontario Ltd. The report recommends that Council approve the above
application to rezone the property from Tourist Commercial to General Commercial
- AND -
Communication No. 280 - Michael A. Van Oorschot, State Farm Insurance. The
communication· advises that several property owners are objecting to the rezoning of the
property due to an overbuilt market for office/retail space along McLecd Road and that a
study by Miller O'Dell & Paul recommended that restricting additional retail development
in the area in favour of other developments.
Communication No. 281 - The Regional Municipality of Niagara, Servicing Review
and Approvals. The communication advises as having no objection to the zoning
amendmenL
Communication No. 282 - Mr. Jacob Juchymenko, Desna Apartments Ltd., Toronto,
Ontar/o. The communication advises as strongly objecting to the proposed application.
His Worship Mayor Thomson declared a conflict of interest on the matter and left
the Chair and Council Chambers.
Alderman Gary Hendershot assumed the Chair and declared the Public Meeting open
and read the procedure to be followed under the Planning Act.
The Deputy City Clerk advised that the Notice of the Public Meeting had been
forwarded by prepaid first class mail to all owners and persons assessed as of land within
1,20 meters of the subject lands on August 12, 1994.
Acting Mayor Gary Hendershot received indication that Mr. Thomas Madrovich, the
applicant, was in attendance; and received a positive response to his request for a show
of hands by persons present who were interested in the application. He requested that a~
persons wishing to receive further notice of the passage of the by-law submit their names
and addresses to the Clerk prior to leaving the meeting,
-6-
- 7-
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the following information included in Technical
Report No. PD-94-125; Planning Review; Official Plan; Compatibility and the Public
Notification Process.
Acting Mayor Gary Hendershot received a negative response to his request for
comments from persons, other than the applicant or his agent, in support of the application,
and received a positive response from persons opposed to the application.
Mr. Jacob Juchymenko, 6f44 McLeod Road advised that his business has been
vacant for four years and expressed his opposition to the proposed zoning changes.
Mr. Michael Van Oorshot, 7282 Drummond Road, referred to an earlier
application which had been turned down and stated that a previous plan had designated
a sma~ area of neighbourhood commercial which was more than adequate to service the
market in the area; he suggested that a more detailed study be performed to determine the
type of uses the city should be interested in attracting to the area.
The Director of Planning and Development responded that Council had turned down
a previous application because the old Official Plan had designated these lands for tourism
purposes, to encourage tourlain in that area. He also advised that further studies
concluded that a "rounding off" of the commercial area was appropriate and that all the
emphasis on tourism on McLeod Road did not materialize.
Mr. Thomas Madronich, referred to the steep decline in commercial properties and 'i
requested that the property be in compliance with the City's Official Plan.
Since no further comments were forthcoming, Acting Mayor Gary Hendershot
declared the Public Meeting with regard to Application AM-25/94 closed.
ORDERED on the motion of Alderman Ward, seconded by Alderman Germano, that the
application be received and adopted. The motion Carried with Alderman Sherar voting
contrary to the motion and with all others in favour.
ORDERED on the motion of Alderman Ward, seconded by Alderman Germano, that the
con'espondence be received and flied. Carried Unanimously.
H~ Worship Mayor ~omson resumed the Cha~
PD-94-128 - Chief Administrative Officer - Re: Revitalization Strategy and
Improvement Plan for Victoria Avenue. The report recommends that the Revitalization
Strategy and Improvement Plan for Victoria Avenue be endorsed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
PD-94-141 - Chief Administrative Officer - Re: Site Plan Approval Proposed Addition
to Portage Bakery N/W comer of Ferry Street & Gladstone Avenue. The report
recommends that Council approve the above subject Site Plan for a proposed addition to
Portage Bakery pursuant to Section 41 of the Planning Act.
ORDERED on the motion of Alderman Germano, seconded by Alderman Janvary, that the
report be received and adopted. Canred Unanimously.
...7
pD-94-f42 - Chief Administrative Officer - Re: Site Plan Approval Proposed Canadian
Imperial Bank of Commerce; N/W corner of Lundy's Lane and Leonard Avenue. The
report recommends that Council approve the above subject Site Plan for a proposed
Canadian Imperial Bank of Commerce pursuant to Section 41 of the Planning Act.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Orr, that the report
be received and adopted. The motion Carried with Alderman Susin abstaining from the
vote on a conflict of interest previously noted and with all others voting in favour.
pD-94-f43 - Chief Administrative Officer - Re: Request for Removal of Part Lot
Control Portion of Blocks P & Q, Registered Plan N.S. 39; Paddock Trail Drive. The
report recommends the fo~owing:
That the request from George Bahdi, Niagara Olympia Homes, to remove a portion of
Blocks P & Q, Registered Plan N.S. 39 (west side of Paddock Trail Drive), from Part
Lot Control be approved and that Council pass the appropriate by-law to designate the
lands as exempt from Part Lot Control;
2. That the applicant be required to give notification to the City, when the deeds have
been registered, in order for the by-law to be repealed.
ORDERED on the r~otion of Alderman Ward, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
PD-94-144 - Chief Administrative Officer - Re: Release of Letter of Credit; Walnut
Grove Estates; 4467 Portage Road. The report recommends that Council authorize staff
to release the $60,000.00 Letter of Credit for the above subject development, conditional
upon the applicant supplying the City with a Letter of Credit for at least $60,000.00 prior
to the issuance of any further building permits for this development.
- AND -
Communication No. 283 - Harrison Homes, St. Catharines. The communication advises
that Harrison Homes would like to cancel the letter of credit held by the City of Niagara
Falls until such time as construction can be resumed on the project.
ORDERED on the motion of Alderman Hendershot, seconded by AIderman Cummings, that
the report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Hendershot, seconded by AIderman Cummings, that
the correspondence be received and filed. Carried Unanimously.
REGULAR COUNCIL MATTERS
ADOPTION OF MINUTES
Alderman Susin requested that the Minutes of the Regular Meeting of August 29,
1994, page 4 be amended to indicate that he and Alderman Orr voted contrary to the
motion to defer reconsideration to October 3, 1994 regarding a casino referendum.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Jan vary, that
th.e Minutes of the Regular Meeting of August 29, 1994 be adopted as amended. Carried
Unanimously.
DEPUTA~ONS
Mr. Riccardo BareIll, 5595 Fraser Street expressed concerns regarding problems
encountered with garbage, machinery, and various vehicles in the area from a business
across from his home and requested that his concerns be considered.
...8
-8-
- 9-
The Director of Planning and Development responded that the area has always
been zoned "Industrial" and the by-law stated that industry and residences were permitted
side by side; referred to incompatible uses where houses were being zoned for industrial
purposes for industry and that those industrial uses were bonified uses.
The City Solicitor advised that the area is zoned Prestige Industrial and was a
legitimate use; he referred to a Committee of Adjustment decision of February, 1987 where
the applicant wished to have the building used as a warehouse structure and indicated that
the intent of the Committee of Adjustment was to a/low, through the variance, the full uses
as set out in the Prestige Industrial zoning.
ORDERED on the motion of Alderman Hendershot, seconded by A/derman Germano, that
the matter be referred to staff and to meet with Mr. Bareill to discuss his concerns. Carried
Unanimously.
UNFINISHED BUSINESS
Adult Entertainment Parlour Bv-law. Licencin~l of Attendants
Alderman Kim Creitor provided background information on the proposed by-law and
advised that the current by-law had been reviewed for licencing, regulating, goveming,
classifying and inspecting adult entertainment par/ours and for revoking and suspending
any such licence. He stated that, in his opinion, the present by-law was totally inadequate
to ensure that dancers are 18 years of age and older and that the by-law does not
adequately address a procedure for the granting or refusal of an adult entertainment
licence.
Alderman Craitor indicated that the proposed amendments to the by-law would
ensure that 1) underage dancers are not used; 2) that dancers provide the proper
identification; 3) to prevent use of forged identification; 4) to prevent adult entertainment
club owners from providing false identification to allow attendants to dance; 5) to assist by-
law officers and police by giving them more effective tools to adequately enforce the by-
law; 6) to provide an opportunily for Council to be a leader by implementing a by-law that
could become a model for other municipal councils in the Region to follow.
The Chief Administrative Officer advised that adult entertainment padours would not
be increased through the passing of the by-law. ~
Following some discussion, it was ORDERED on the motion of Alderman
Cummings, seconded by Alderman Puttick, that Miss Kathy Ryder be permitted to address
Council Carried Unanimously.
Miss Kathy Ryder, Cambridge, Ontario referred to and provided a speech she had
presented to the Cambridge City Council in order to help pass a by-law against
pornography, videos and adult entertainment parlours.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that
Mrs. Sandra Van Cromvoirt be permitted to address Council. Carried Unanimously.
Mrs. Sandra Van Cromvoirt, Cambridge, Ontario indicated her support of Mr. Eric
Wood; and expressed concerns regarding the exploitation of youth and requested that
Council assist in any way they can.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Germano, that the
by-law be approved and that it be implemented by October 1, 1994. Carried Unanimously.
Following further discussions, it was ORDERED on the motion of Alderman Sherar,
seconded by Alderman Fisher, that a report be brought back respecting the enforcement
and implementation of the by-law. Carried Unanimously.
COMMUNICATIONS
Communication No. 284 - Federation of Canadian Municipalities (FCM) - Re:
Invitation to join the Cities for climate protection campaign. The communication
provides information regarding participation in the Cities for Climate Protection.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that
the communication be received and filed. Carried Unanimouslv=
Communication No. 285 - White Ribbon Against Pornography - Re: Proclamation.
The communication requests Council proclaim October 23, 1994 to October 30, 1994 as
"White Ribbon Week" in the City of Niagara Falls.
ORDERED on the motion of Alderman Hendershot, seconded by AIderman Fisher, that the
request be supported subject to established policy. Carried Unanimously.
Communication N~. 286 - Ontario Sewer and Watermain Construction Association -
Re: Canada/Ontario Infrastructure Works. The communication expresses concerns
regarding the project approval process and the application of development charges for
Canada-Ontario Infrastructure Works.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the communication be received and filed for the information of Council. Carried
Unanimously.
Communication No. 287 - Mr. Carl Decicco & Mr. Danny Proulx, 6796 Wills Street -
Re: Pigeons adjacent to their property. The communication expresses concerns
regarding problems encountered with the pigeons adjacent to the their property.
ORDERED on the motion of Alderman Germano, seconded by Alderman Susin, that the
matter be referred to a special meeting of Council to be called to review the matter.
Carried Unanimously.
Communication No. 288 - Friends of Stamford Village - Re: Official City Historian.
The communication indicates support for reinstatement of the office of Official Historian for
the City and urging Council to consider the matter.
ORDERED on the motion of Alderman Sherar, seconded by AIderman Cummings, that the
matter be referred to staff and held until the Appointments, Committees and Commissions
are initiated. Ca~ed Unanimously.
Communication No. 289 - The Chamber of Commerce - Re: Rosario Marchese, MPP.,
The Establishment of Municipal Sma~ Business Advisory Committee. The
communication provides a response to City's request for comments on the matter.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Craitor, that the
communication be received and filed. Carried Unanimously.
Communication No. 290 - Mrs. Loretta Pederson, 10364 Willo-Defi Road - Re:
Referendum on gambling casino. The communication provides suggestions for job
creation and tourist attractions through a pioneer theme park.
ORDERED on the motion of Alderman Ward, seconded by Alderman Sherar, that Mrs.
Podarson be invited to attend a future council meeting to discuss the issue. Carried
Unanimously.
Communication No. 291 - Doctor William Spencer, 3989 Main Street - Re: Chip
Wagon. The communication expresses concerns regarding problems encountered with
a chip wagon in the area.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher, that the
matter be referred to staff. Carried UnanimousIv.
- 10 -
- 11 -
Communication No. 292 - Federation of Canadian Municipafities (FCM) - Re: National
Infrastructure Works Program. The communication requests a reply from the
municipality by September 7, f994 to ensure the municipality's viewpoints are reflected in
the analysis.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the communication be received and filed. Carried Unanimously.
Communication No. 293 - National Prisoners of War Association (E.T.) of Canada -
Re: Memorial Service. The communication requests Council grant permission to use the
War Memorial on Clifton Hill, on October 1, 1994 at 10:45 a.m. for a 10-15 minute service
and requesting "No Parking" in front of the Cenotaph be enforced during the service.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Fisher, that the
request be approved subject to established policy. Carried Unanimously.
Communication No. 294 - Coalition for Gun Control - Re: Municipal Positions on Gun
Control. The communication requests Council endorse the reasonable gun control in the
interest of public safety.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
matter be deferred until Council is provided with their previous position on this matter.
Carried UnanimousIv.
Communication No. 295 - Hospice Niagara - Re: Proclamation. The communication
requests that Council proclaim the week of October 17 - 23, 1994 as "Hospice Awareness
Week" in Niagara Falls.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that the
request be approved subject to established policy. Carried Unanimously.
The Clerk's Department was requested to provide information on whether there is
a Hospice located in Niagara Falls.
Communication No. 296 - Eftsabeth Teunls, Run Organizer, Terry Fox Run - Re:
Proclamation . The communication requests Council proclaim September 18, 1994 as
"Terry Fox Day".
ORDERED on the motion of Alderman Hendershot, seconded by AIderman Cummings, that
the request be approved subject to established policy. Carried Unanimously.
Communication No. 297 - McKinley-Molodynia Chiropractic Clinic - Re: Man-A-Mile
Relay Race. The communication requests permission to use the Municipal Roads for the
event one October 10, 1994 at 9:00 a.m. at McFariand Park and requesting that the Mayor
be present for the award presentations at Oakes Park.
ORDERED on the motion of Alderman Sherar, seconded by Alderman Cummings, that the
request be approved subject to established policy. Carded Unanimously.
Communication No. 298 - Frank and Edith Benest, 6179 Harvey St. The
communication expresses concems regarding the deteriorating conditions of Harvey Street.
ORDERED on the motion of Alderman Germano, seconded by AIderman Craitor, that the
matter be referred to staff, Carded Unanimously.
Communication No. 299 - The Regional Municipality of Niagara - Re: Economic
Development Strategy for the Niagara Peninsula. The communication requests Council
endorse the initiative to assist in making Niagara a leader in competitiveness and job
creation.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
matter be referred to the Economic Development DepartmenL Carried Unanimously.
REPORTS
MW-94-183 - Chief Administrative Officer - Re: Encroachment onto City Easement
Block 41; R.P. 59M-115, Nathan Crescent. The report recommends that the by-law
releasing of the City's easement in the area of encroachment (Part 1), be approved.
ORDERED on the motion of AIderman Cummings, seconded by Alderman Hendershot, that
the report be received and adopted. The motion Carried with Alderman Craitor abstaining
from the vote on a conflict of interest previously noted and with all others voting in favour.
See BF-law No. 94-224
MW-94-190 - Chief Administrative Officer - Re: Transfer of Lands to the Regional
Municipality of Niagara for Road Purposes at Bridge Street and Stanley Avenue. The
report recommends that Council approve the by-law appearing on tonight's agenda
authorizing the transfer of City property, without land value, to the Regional Municipality
of Niagara for roadway intersection improvements.
ORDERED on the motion of Alderman Ward, seconded by Alderman Janvary, that the
report be received and adopted. Carried Unanimously.
See By-law No. 94-225
MW-94-191 - Chief Administrative Officer - Re: Contract 94-125, Road Rehabilitation
on Kalar Road & Marshaft Road; Canada/Ontario Infrastructure Program. The report
recommends that the unit prices submitted by the low tenderer, Northland Bitulithic Ltd. be
accepted and the by-law be passed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the
report be received and adopted. Carried Unanimously.
See By-law No. 94-226
MW-94-192 - Chief Administrative Officer - Re: Purchase of Street Poles for Road
Reconstruction on Victoria Avenue. The report recommends that the decorative street
light poles required for installation on Victoria Avenue as part of the "Decorative
Streetscape Upgrade Design" be ordered from StressCrete Limited at a total estimated
cost, including P.S. T. and G.S.T., of $165,182.00.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Craitor, that the
report be received and adopted. Carried Unanimously.
MW-94-194 - Chief Administrative Officer - Re: 5815 Morrison Street; Demolition of
the Fire Training Tower. The report recommends the following:
1. That the bid submitted by the low tenderer, B & M Henna Bros. for the Demolition of the
Fire Training Tower be accepted;
2. That staff be authorized to prepare the necessary Contract Documents and Agreement
for the Demolition of the Training Tower with B & M Henna Bros.
ORDERED on the motion of AIderman Janvary, seconded by AIderman Orr, that the report
be received and adopted. The motion Carried with Alderman Susin abstaining from the
tote on a conflict of interest because members of his family are volunteer firefighters and
with all others voting in favour.
- f2 -
- 13 -
RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that
the actions taken on the following matters by the Municipal Works Committee, earlier this
evening, be approved.
Adoption of the August 29, 1994 Municipal Works Committee minutes;
MW-94-165 - Niagara Municipal Recycling Club - Tender for Collection of Recyclables -
that the current Contract with Niagara Recycling for the Collection of Recyclables be
extended to March 31, 1996 - Opposed: Aldermen Cowan; Fisher,' Germano; and Susin.
Coronation Centre Parking Lot - that the Committee's decision respecting this matter be
reaffirmed and that the proposed works be carried out as a short term solution and that
further consideration be given to a long term solution to the parking needs in this area
in the future to be subject of discussion at the City's Municipal Parking & Traffic
Committee - Opposed: Aldermen Cowan; Fisher,' and Ward;
Request for Waiving of Tipping Fees - Mr. Mike Kratz - that Mr. Mike Kratz be granted
the Waiving of Tipping Fees for disposal of home shingles - Opposed: Aldermen Cowan,
Cummings and Ward;
MW-94-184 - Storm Sewer By-law - that Report MW-94-184 - Storm Water By-law
respecting storm water disposal from private property be approved and be forwarded
to Council for approval.
The motion Carried with Aldermen Cowan, Fisher, Germano and Susin voting contrary to
the motion on Report MW-94-185; Aldermen Cowan, Fisher and Ward voting contrary to
the motion on the Coronation Centre Parking Lot; Aldermen Cowan; Cummings and Ward
voting contrary to the motion regarding the Request for Waiving of Tipping Fees by Mr.
Mike Kratz.
CS-94-07 o Chief Administrative Officer - Re: Agreement between KPMG Management
Consulting and the City of Niagara Falls to Develop a Marketing and Implementation
Plan for Niagara Falls Tourism Inc. The report recommends that Council approve the
by-law appearing on tonighrs agenda authorizing the execution of an Agreement with
KPMG.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherar, that
the report be received and adopted. Carried Unanimously.
See By-law No. 94-228
F-94-30 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $593,267,75 for the period ending September 12,
f994, be approved by the passing of the by-law appearing later on the agenda,
ORDERED on the motion of Alderman Ward, seconded by Alderman Cummings, that the
report be received and adopted, Carried Unanimously,
See By-law No, 94-230
L-94-52 -Administrative Officer - Re: City Parks Amending By. law; File No. 93-B3-046.
The report recommends that City Council pass the by-law amending the Parks Regulation
By-law No. 71-57 to designate aft parks in the Cib/ of Niagara Falls as recreational areas
where the possession of liquor is prohibited in accordance with the Liquor Licence Act.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
See By-law No. 94-227
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
actions taken on the following matter by Committee of the Whole, earlier this evening, be
approved.
- That the submission provided by Mr. Eric Wood be given to the Police and that
appropriate steps be taken.
It was noted that the following Aldermen were recorded as not in a~endance at
Committee of the Whole for this matter: Aldermen Germano, Puttick and Ward,' Alderman
Cowan was called away due to an emergency at the Humane Society and Alderman
Hendershot left the meeting on a conflict of interest.
Carried
RESOLU~ONS
NO. 62 - FISHER - JANVARY WHEREAS the City of Niagara Falls is on record as
supporting the trar~sfer of the Niagara District Airport to Niagara-on-the-Lake; and
WHEREAS recent changes in the National Airport's policy dealing with the
commercialization of Fedorally-owned airports across Canada have been made to guide
the transfer of Federal airports to local authorities; and WHEREAs the Department of
Transport has requested a re-affirmation of Council's support for the transfer; NOW
THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of
Niagara Falls endorses the transfer of the Niagara District Airport to the town of Niagara-
on-the-Lake.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by AIderman Hendershot, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
94-222
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
shaft be permitted.
94-223
A by-law to amend By-law No. 79-200, as amended (AM-28/94, Pinelias Park
Dr.)
94-224 A by-law to authorize a partial release and abandonment of an easement.
94-225
A by-law to authorize the transfer of a road widening and daylighting triangle
to The Regional Municipality of Niagara.
94-226
A by-law to authorize the execution of an agreement with Northland Bitulithic
Limited for road rehabilitation on Kalar Road and Marshall Road respecting
the Canada/Ontario Infrastructure Work Program.
94-227
A by-law to amend By-law No. 71-57, being a by-law to provide for the
regulation, protection and govemment of all lands and properties owned by
and in the City of Niagara Falls and used for park purposes.
- 14 - - 15 -
94-228
A by-law to authorize the execution of an agreement with W. Lyle Hall, a
partner, operating as KPMG Management Consulting respecting a Plan to
Develop a Marketing and Implementation Plan for Niagara Falls Tourism Inc.,
a corporation to be incorporated.
94-229
A by-law to authorize the execution of an amending agreement with Niagara
Falls Thunder Inc.
94-230
94-231
A by-law to authorize monies for General Purposes (September 12, 1994).
A by-law to amend By-law 79-200, as amended. (Re: AM-23/94, 4130 Main
St., William Little)
94-232
A by-law to amend By-law 93-143, being a by-law to provide for the
licensing, regulating, goveming, classifying and inspecting of adult
entertainment padours or any class or classes thereof and for the revoking
or suspending of any such licence.
The motion Carried with Alderman Susin abstaining from the vote on By-law No. 94-223
on a conflict of interest previously noted; Alderman Craitor abstaining from the vote on By-
law No. 94-224 on a conflict of interest previously noted; Alderman Puttick voting contrary
to the motion on By-law No. 94-229 and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Fisher, that the
following by-laws be now read a second and third time:
94-222
A by-law to amend By-law No. 80-114, as amended, being a by-law to
designate private readways as fire routes along which no parking of vehicles
shall be permitted.
94-223
A by-law to amend By-law No. 79-200, as amended (AM-28/94, Pinellas Park
Dr.)
94-224 A by-law to authorize a partial release and abandonment of an easement
94-225
94-226
A by-law to authorize the transfer of a road widening and daylighting triangle
to The Regional Municipality of Niagara.
A by-law to authorize the execution of an agreement with Northland Bitulithic
Limited for road rehabilitation on Kalar Road and Marshall Road respecting
the Canada/Ontario Infrastructure Work Program.
94-227
A by-law to amend By-law No. 71-57, being a by-law to provide for the
regulation, protection and government of all lands and properties owned by
and in the City of Niagara Falls and used for park purposes.
94-228
A by-law to authorize the execution of an agreement with W. Lyle Hall, a
partner, operating as KPMG Management Consulting respecting a Plan to
Develop a Marketing and Implementation Plan for Niagara Falls Tourism Inc.,
a corporation to be incorporated.
94-229
A by-law to authorize the execution of an amen,cling agreement with Niagara
Falls Thunder Inc,
94-230 A by-law to authorize monies for General Purposes (September 12, 1994).
94-23t
A by-law to amend By-law 79-200, as am. ended, (Re: AM-23/94, 4130 Main
St., William Little)
94-232
A by-law to amend By-law 93-143, being a by-law to provide for the
licensing, regulating, governing, classifying and inspecting of adult
entertainment par/ours or any c/ass or c/asses thereof and for the revoking
or suspending of any such licence.
The motion parried with Alderman Susin abstaining from the vote on By-law No. 94-223
on a conflict of interest previously noted; Alderman Craitor abstaining from the vote on By-
law No. 94-224 on a conflict of interest previously noted; Alderman Puttick voting contrary
to the motion on By-law No. 94-229 and with all others voting in favour.
NEW BUSINESS
Parkinn Complaint
Alderman Gary Hendershot referred to a parking complaint he had received from a
resident on Murray Street and requested that the matter be looked into.
ORDERED on the motion of Alderman Hendershot, seconded by A/derman Ward, that the
matter be referred to the Mayors Office. Carried Unanimouslv=
Walt Disney Orqanization
ORDERED on the motion of Alderman Sherar, seconded by AIderman Fisher, that a letter
be forwarded to the Walt Disney organization offering Niagara Falls as a destination to
their organization. Carried Unanimously.
Pest Control on Ministry Prol~ertv
Alderman Judy Orr indicated that concerns had been expressed regarding rodents
in the area of the Ministry development site and requested that the matter of pest control
be looked into.
ORDERED on the motion of Alderman Orr, seconded by Alderman Puttick, that discussions
be held with the Ministry regarding pest control at the development site. Carried
Unanimously.
Buildinq at 5729 McLeod Road
Alderman Kim Craitor commended City crew for the clean up of debris on the
property.
Mavor's 3rd Annual Charitable Picnic
His Worship Mayor Thomson thanked members of Council for their all their efforts
and participation in the successful Mayors 3rd Annual Charitable Picnic that had been held
on September 11, 1994.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the
meeting be adjourned. Carried Unanimously.
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READ AND ADOPTED,
MAYOR WAYNE THOMSON
TWENTY FOURTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
September 19, 1994
Council met on Monday, September 19, 1994 at 4:30 p.m. in Committee of the
Whole. A~ members of Council, were present. Alderman Norm Puttick presided as
Chairman.
Following consideration of the items presented, the Committee of the Whole rose
to report in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
REGULAR COUNCIL MEETING
Council Chambers
September 19, 1994
Council met on Monday, September 19, 1994 at 7:30 p.m. for the purpose of
considering Regular Business. All members of Council were in attendance. His Worship
Mayor Thomson presided as Chairman. Alderman Margaret Germano offered the Opening
Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Cowan indicated a pecuniary interest on Report F-94-31, Cheque No.
204304, because the recipient is his employer.
Alderman Cummings indicated a pecuniary interest on Report F-94-31, Cheque No.
205477, because the recipient is his wife's employer.
Alderman Craitor indicated a pecuniary interest on Report F-94-31, Cheque No.
205427, because he sits on the Board as a volunteer member.
ADOPTION OF MINUTES
ORDERED on the motion of AIderman Cummings, seconded by AIderman Hendershot, that
the Minutes of the Planning Meeting of September 12, 1994 be adopted as printed.
Carried Unanimously.
PRESENTA~ONS
Baton Chaml~ionships
His Worship Mayor Thomson congratulated Marena Wais, age 6 on behalf of the
members of Council on winning the title of "Little Miss Beginner Majorette of Canada" at
e national competition in Kitchener, Ontario and noted her accomplishments which have
included winning 34 First Place awards, His Worship presented a token of appreciation
to Marena in recognition of her outstanding achievements in Baton Championships and
wished her success in her baton twirling endeavours.
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1994 Trillium Awards
His Worship Mayor Thomson introduced Alderman Janvary, Chairman of the
Greening Committee and Alderman Fisher, who assisted in presenting the 1994 Trilllure
Awards to following winners in recognition of their work and effort in beautifying their
properties:
Residential - fst Place - John J. Bak & Mary Terese DeFaveri-Bak; 2nd Place -
Wally and Frances Mergl; 3rd Place - James E. Mann.
Award of Merit - Anne Mason; Steve Margittay; Mr. & Mrs. M. Quaranta; Les and Laurie
Flasko; Andy &Diane Marsillo; Beffy Joiley; Lyle R. Teakle; John &Brenda Brucato; Ken
&Therese Colmer.
Communication No. 300 - Linda Cormier. The communication expresses concerns and
recommendations on behalf of the dancers employed by Mints regarding the Adult
Entertainment By-law, licencing of attendants.
- AND -
Communication No. 301 - Mints, Sundowner and Concord Hotel The communication
expresses concerns and provides recommendations regarding the issue of underage
dancers.
- AND -
Communication No. 302 - Coalition for the Safety of Our Daughters. The
communication expresses concerns regarding sexual abuse of children by the strip club
industry.
Commercial, Industrial & Institutional Category - 1st P/ace - Salvation Army Eventide
Home; 2nd Place - St. Stephen's Chumh; 3rd Place - Greater Niagara General Hospital.
Christmas Trillium Liohtinq Awards
His Worship Mayor Thomson presented a token of appreciation on behalf of
members of Council to Mr. Bob Hutcheon in recognition of his dedication as a volunteer
member in organizing the Christmas Trillium Lighting Awards.
DEPUTATIONS
Social Plannincl Councfi of Nia,qara Falls
Mr. Eric Parroff, Chairman, Healthy Communities Committee reviewed the
following issues through the use of slides: the healthy sustainable community process; the
promotion of health through local government and the qualities of a healthy sustainable
community. Mr. Parrott advised that a workshop would be held on October 12, 1994,
called "Get Connected for a Sustainable Community" and invited members of Council to
attend.
Following some discussion, it was noted that Aldermen Cummings and Craitor and
His Worship Mayor Thomson would be attending the event.
Mayor Thomson thanked Mr. Parrott for his presentation.
Job Creation and Tourist Attraction
Mrs. Loretta Pederson, 10364 Willo-Dell Road expressed concerns regarding the
need for a referendum on the issue of casino gambling and the impact of strip-clubs in the
community and referred to job creation through the estab~shment of a pioneer theme park.
Adult Entertainment Pariour By-law - Licenclnr~ of Attendants
Carmen Grisa~, Linda Cormier, Mints Night Club and Charlena Pinder, Concord
Hotel did not address Council regarding the issue. The following correspondence was
submitted to members of Council.
Following some discussion, it was ORDERED on the motion of Alderman Fisher,
seconded by Alderman Hendershot, that a committee be established regarding the adult
entertainment by-law and headed by Alderman Kim Craitor and further that Aldermen
Fisher, Puttick, Susin and Mayor Thomson sit on the committee. Carried Unanimously.
ORDERED on the r~otion of Alderman Janvary, seconded by Alderman Orr, that the City
Solicitor would bring forward a resolution seeking Provincial action through liquor legislation
regarding underage dancers. Carried Unanimously.
UNFINISHED BUSINESS
Fountain Construction on Palmer Avenue and Victoria Avenue
Alderman Puttick's Submission with regard to Palmer Avenue and Victoria Avenue
Fountain Construction and Estimates.
ORDERED on the motion of Alderman Puttick, seconded by AIderman Germano, that the
matter be referred to the budget discussions. Carried Unanimously.
COMMUNICATIONS
Communication No. 303 - The Royal Canadian Legion, Branch Nos. 51, 396 and 479 -
Re: Proclamation. The communication requests Council proclaim the week of September
18, 1994 to September 24, 1994 as "Legion Week".
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the request
be approved subject to established policy. The motion Carried with Alderman Susin
abstaining from the vote on a conflict of interest because he is a member of the Legion and
with all others voting in favour.
Communication No. 304 - The Independent Order of Foresters - Re: Proclamation.
The communication requests Council proclaim the month of October as "Child Abuse
Prevention Month" in Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the
request be approved subject to established policy. Carried Unanimously.
Communication No. 305 - Jane and Rockey Pallechl, 7280 Rolling Acres Crescent -
Re: Noise Barrier E-N Ramp, Q.E.W. The communication expresses concerns regarding
the construction of the noise barrier along the E-N ramp and the Queen Elizabeth Way,
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the
matter be endorsed and that the correspondence be forwarded to our local MPP, Mrs.
Margaret Harrington. Carried Unanimously.
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Communication No. 306 - The Residents of Glengate Neighbourhood - Re: Stop sign
on Glengate Avenue. The communication requests that consideration be given to a stop
sign being installed on Glengate Avenue at Maplewood Avenue.
ORDERED on the motion of Alderman Ward, seconded by Alderman err, that the matter
be referred to the Parking and Traffic Committee. Carried Unanimously.
Following some discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Orr, that the stop signs be installed. Carried Unanimously.
Communication No. 307 - Dave Belme, 3380 Willow Rd. - Re: Hunting By-law. The
communication expresses conceres regarding further changes to hunting by-law further
restricting hunting areas in Niagara Falls.
ORDERED on the motion of Alderman Susin, seconded by Alderman Cummings, that the
matter be referred to the Special Meeting to be held on September 26, 1994..Carried
Unanimously.
Communication No. 308a) - The Lundy's Lane Historical Society - Re: Official City
Historian; - AND - Communication No. 308b) - Willoughby Historical Society. The
communications support the nomination of Mr. Sherman Zavitz as a nominee for Official
City Historian.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Susin, that Mr.
Sherman Zavitz be designated as the Official City Historian. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that
Communications 308a) and 309b) be received and filed.
REPORTS
MW-94-196 -Chief Administrative Officer - Re: Purchase of Decorative Street Light
Luminaires for Road Reconstruction on Victoria Avenue. The report recommends that
the decorative streetlight luminaires required for installation on Victoria Avenue as part of
the "Decorative Streetscape Upgrade Design" be purchased from Graybar Electric
(Ontario) Limited at a total estimated cost, including P.S.T. and G.S.T., of $54,178.80.
ORDERED on the motion of Alderman Susin, seconded by Alderman Orr, that the report
be received and adopted. Carded Unanimously.
MW-94-197 - Chief Administrative Officer - Re: Transfer of Lands to the Regional
Municipality of Niagara for Road Purposes on Thorold Stone Road at W-5-2. The
report recommends that Council approve the by-law appearing on tonight's agenda
authorizing the transfer of City property, without land value, to the Regional Municipality
of Niagara for roadway purposes.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Germane, that
the report be received and adopted. Carded Unanimously.
RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS
ORDERED on the motion of Alderman Henderehot, seconded by AIderman Cummings, that
the actions taken on the following matters by the Municipal Works Committee, earlier this
evening be approved.
Adoption of the September 12, 1994 Municipal Works Committee minutes;
Consideration of Grow Rich Expansion Proposal - that the City support the Grow-Rich
Proposal for a Demonstration Sewage Sludge Cornposting Project in principle, subject
to Grow-Rich bringing its operation in compliance with its existing Certificate of
Approval and to the following conditions: 1) that Appropriate M.O.E,E. administered
odour-controlled procedures; 2)' that Adequate securities to ensure site
decommissioning in the event that the facility is closed;
...5
3) that Establishment of a Liaison Committee with local resident representation, to
monitor operations; 4) that for a maximum time frame of five (5) years; and 5) that an
agreement between the proponent and City which grants to the City the unrestricted
right and authority to order the operation to be closed, including cessation of delivery
of sludge, in the event that the Certificate of Approval Conditions are contravened or
not complied with - Opposed: Aldermen Cummings, Cowan and Sherar;
PD-94-146 - Review of City Policies for Proposed Severance Application - Mr. Robert
Norminton, Willoughby Drive, North of Marshaft Road - that Mr. Norminton's request
to sever 2.6ha (6.5 ac) of his property be supported on condition that Mr. Norminton
never requests to be hooked into municipal sewer and water services;
MW-94-193 - Municipal Works Department Building Division - Report for August 1994 -
that Report MW-94-193 be received and filed for information - Alderman Margaret
Germane declared a conflict of interest regarding Father Hennepin School because her
daughter is employed by them;
5. PD-94-124 - Sidewalk Cafe Guidelines - that the Sidewalk Cafe Guidelines dated
September 1994. be adopted;
6. MW-94-f98 - Victoria Avenue Streetscaping Project- Addifional Streetscaping Features
- that Report MW-94-198 be received and filed for information;
The motion Carriled with Aldermen Cummings, Cowan and Sherar voting contrary to
the Grow-Rich Expansion Proposal; and Alderman Germane abstaining from the vote on
a conflict of interest on Report MW-94-193 and with all others voting in favour.
Prior to dealing with further matters on the agenda, it was ORDERED on the motion
of Alderman Cummings, seconded by AIderman Ward, that Mrs. Hodgson be permitted to
address Council. The motion Carried with Alderman Hendershot voting contrary to the
motion and with all others voting in favour.
Mrs. Hodgson addressed members of Council with several of her concerns which
included the cutting of trees in the area and drainage problems.
Following some discussion, it was ORDERED on the motion of Alderman Ward,
seconded by Alderman Germane, that Mrs. Hodgson's concerns be referred to the Director
of Community Services and that staff meet with Mrs. Hodgson to discuss her concerns.
Carded UnanimousIv.
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS_
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Orr, that the
actions on the following matter by the Committee of the Whole, earlier this evening be
approved.
-, That the two legal opinions which were obtained from Huntsvilla, be received and filed.
Carried Unanimously
R,94-64B - Chairman, Community Bulletin Board Review Committee - Re: Proposed
Design and Construction of Communlty Bu~etin Boards. The report rscommends the
following:
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1. That Council support design Concept 2 for Community Bulletin Boards;
2. That Council authorize the expenditure of funds for the construction of the Bulletin
Boards for all the City-owned sites except Centennial Square which will be subject to
a separate design to be approved by Council,
3. That the Community Bulletin Boards, if approved by Council, be constructed as soon
as possible.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that the
matter be deferred. The motion was Defeated with the following vote:
AYE: Aldermen Cummings, Orr and Puttick.
NA YE: Aldermen Cowan, Craitor, Fisher, Germano, Hendershot, Janvary, Sherar, Susin
and Ward.
Following some discussion, it was ORDERED on the motion of Alderman Craitor,
seconded by Alderman Germano, that the report be received and adopted. The motion
Carried with the following vote:
AYE: Aldermen Cowan, Craitor, Fisher, Germano, Hendershot, Janvary, Sherar, Susin
and Ward.
NA YE: Aldermen Cummings, Orr and Puttick.
R-94-58 - Chairperson, Sports Wall of Fame Committee - Re: Sports Wall of Fame
Inductees. The report recommends that Council approve the Inductees to the ~994 Sports
Wall of Fame as recommended in the report by the Sports Wall of Fame Committee.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Sherar, that the
report be received and adopted. Carried Unanimously.
FD-94-fO - Chief Administrative Officer - Re: Purchase of Rescue Boats. The report
recommends that Council approve the purchase of two rescue boats from the low bidder,
All Weather Boats of Vancouver, British Columbia for the price of $69,829.66 plus
applicable taxes.
ORDERED on the motion of Alderman Fisher, seconded by Aldermen Cummings, that the
report be received and adopted. Carried Unanimously.
F-94-31 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $944,330.62~for the period ending September 19,
1994, be approved by the passing of the by-law appearing later on the agenda.
Additional information was requested on Cheque Nos. 205379 and 205412.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the
report be received and adopted. The motion Carried with Aldermen Craitor, Cowan and
Cummings abstaining from the vote on conflicts of interest previously noted and with a~
others voting in favour.
See By-law No. 94-237
CD-94-42 - Chief Administrative Officer - Re: Special Occasion Permit; Vincor Murder
Mystery In Conjunction with Grape and Wine Festival The report recommends that
Counc~ indicate it has no objection to the issuance of a Special Occasion Permit to the
organization listed in this report,
CD-94-43 - Chief Administrative Officer - Re: Special Occasion Permit; International
Law Enforcement Annual Ball Tournament, The report recommends that Council
indicate it has no objection to the issuance of a Special Occasion Permit to the
organization flared in this report.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that
the report be received and adopted, Carried Unanimously.
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L-94-54 - Chief Administrative Officer - Re: Jose Jacinto; 5729 McLeod Road, Niagara
Falls; File No. 93-C5-058. The report recommends that the report be for the information
of Council.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Hendershot, that
the report be received and filed. Carried Unanimously.
L-94-55 - Chief Administrative Officer - Re: The Establishment of Certain Land as a
Highway (Chippawa Parkway); File No. 94-A6-126. The report recommends that Council
approve the by-law appearing on tonighrs agenda that would establish the land designated
as part I on Reference Plan 59R-8926, attached hereto, as a highway and become part
of Chippawa Parkway.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that leave
be granted to introd. uce the following by-laws, and the by-laws be read a first time:
94-233
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Heavy Vehicles)
94-234
A by-law to designate certain land not to be subject to part lot control.
94-235
A by-law to authorize the transfer of a road widening to The Regional
Municipality of Niagara.
94-236
A by-law to establish certain land as part of Chippawa Parkway, being a
public highway.
94-237 A by-law to authorize monies for General Purposes (September 19, 1994).
ORDERED on the motion of Alderman Cummings, seconded by AIderman Fisher, that the
following by-laws be now read a second and third time:
94-233
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Heavy Vehicles)
94-234 A by-law to designate certain land not to be subject to part lot control.
94-235
A by-law to authorize the transfer of a road widening to The Regional
Municipality of Niagara.
94-236
A by-law to establish certain land as part of Chippawa Parkway, being a
public highway.
94-237 A by-law to authorize monies for General Purposes (September f9, 1994).
The motion Carried with Aldermen Craitor, Cowan and Cummings, abstaining from the vote
on By-law No. 94-237 on conflicts of interest previously noted and with all ethers voting in
favour,
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NEW BUSINESS
Niaqara Falls Thunder
Alderman Cummings referred to the Junior A Franchise and the upcoming Niagara
Fa~s Thunder game and requested that everyone attend and support the team.
Terry Fox Fun
Alderman Sherar referred to the successful Terry Fox Run with $35,000 in pledges
and indicated that the Niagara Falls Dream Team could be the No. 1 Team with $2,100+
in pledges.
Connratulations
Alderman Cummings congratulated Alderman Margaret Germane on her Provincial
Liberal nomination.
Mitchelson Park's "Home for Soccer"
Mayor Thomson referred to the efforts by the various volunteers who gave of their
time to the laying of sod at Mitchelson Park's "Home For Soccer".
ORDERED on the motion of Alderman Gerrnano, seconded by Alderman Sherar, that a
letter of thanks be sent from the Mayor's office to the individual volunteers involved in the
project. Carried Unanimously.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Susin that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
SPECIAL MEETING
Council Chambers
September 26, 1994
Council met on Monday, September 26, 1994 at 4:30 p.m. in a Special Council
meeting forthe purpose of considering an amendment to the City of Niagara Falls Firearms
By-law. All members of Council, with the exception of Aldermen err, Puttick and Ward
were presenL
REPORT
L-94-44 - Chief Administrative Officer - Re: Firearms Amending By-law.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Hendershot, that
bows and cross bows not be included in hunting restrictions. Carried Unanimously.
DEPUTA~ONS
Mr. Dave Belme, 3380 Willow Road presented a handout to Council and
suggested that a committee be formed to include parties in favour of extending the hunting
boundaries, parties opposed to the extending of hunting boundaries, Ministry of Natural
Resources, Regional Police and members of Council.
Mayor Thomson thanked Mr. Belme for his input and indicated he had an excellent
idea suggesting the forming era committee. Alderman Fisher indicated that she would like
to sit on such a committee if it was formed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that a
committee be established to discuss hunting matters and that all people in the proposed
expansion area be notified and asked for their input or participation on the committee.
Alderman Susin was opposed. The motion Carried with Alderman Susin voting contrary
to the motion and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the hunting committee be chaired by Alderman Fisher. Carried Unanimously.
Aldermen Sherar, Susin and Cowan indicated they desired to participate on this
committee.
Mr. Felix Barbetti, Area Supervisor, Ministry of Natural Resources spoke to
questions regarding hunters trespassing and the authority of the Ministry of Natural
Resources officers.
Mr. Ernie Cronler, Niagara Bowman & Archery Club requested Council to table
[heir decision and endorse the establishment of a committee.
Mr. James E. Barnes, 6244 Marshall Road indicated that he is a Forest
Technician, presented Council with handouts of two maps indicating the proposed area
contains residences, wooded areas and agricultural lands.
Mr. John Brucato, 2505 Miller Road indicated that he has had some bad
experiences with hunters and would like to sit on a committee if formed.
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COMMUNICATIONS
Communication No. 309 - Dave Belme. The communication indicates that Mr. Beime
would like to address Council with respect to proposed hunting by-law.
Communication No. 310 - Ernie Cronier, Niagara Bowmen & Archery Club. The
communication indicates Mr. Cronier would like to address Council with respect to
proposed hunting by-law.
Communication No. 3ff - James E. Barnes, 6244 Marshall Road. The communication
advises that Mr. Barnes would like to address Council with respect to proposed hunting by-
law.
Communication No. 3f2 - Chippawa Fish & Game. The communication advises that a
representative of Chippawa Fish & Game would like to address Council with respect to
proposed hunting by-law.
Communication No. 3f3 - Ministry of Natural Resources. The communication ~jrovides
information and recommendations by placing additional restrictions on the discharge of
firearms and include bows.
Mr. Felix Barbetti spoke about the usefulness of hunting as a means of maintaining
control of wildlife populations.
Communication No. 3f4 - Kelly WhiffeL The communication expresses her support of
the proposed by-law.
Communication No. 3f5 - Mr. & Mrs. Frank E. Maraide. The communication expresses
their support of the proposed by-law.
Communication No. 3f6.Ministry of Natural Resources. The communication indicates
the 1994-f995 Hunting Regulation Summary.
Communication No. 3f7 - Don and Judy Cockburn. The communication expresses their
support of the proposed hunting by-law.
Communication No. 318 - Diana J. Nadon. The ~ommunication expresses her original
request to extend firearms boundaries.
Communication No. 3f9 - Diana J. Nadon. The communication requests Council to treat
firearms and bow hunting as lwo separate issues and attached letters from persons in
support of her initial request to extend firearms boundaries.
Communication No. 320 - Mike and Joan Stoll. The communication expresses their
support of the proposed hunting by-law.
Communication No. 32'/- Carman Ker. The communication expresses his support of the
proposed hunting by-law.
Communication No. 322 - Robert S. Normlngton. The communication expresses his
support of the proposed hunting by-law. Mr. Normington spoke about his concerns for
pubtic safety.
Mr. Albert Levelfie, Past President, Thorold Conservation Group indicated that
~ey do not want the hunting area restricted ~ey would like the regulations with respect
to hunters to be enforced.
...3
Mr. Ralph Colosimo, R.R. #2, Stevensville submitted a letter on behalf of his
neighbour, Burr Simon and spoke on his behalf that Mr. Simon owns property adjacent to
the proposed area and does not approve of any hunting restrictions being applied to his
lands.
ORDERED on the motion of AIderman Cummings, seconded by AIderman Hendershot, that
the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
TWENTY FIFTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
September 26, 1994
Council met on Monday, September 26, 1994 at 6:30 p.m. in Committee of the
Whole. All members of Council, were present with the exception of Alderman Ward who
was away on vacation, Alderman Orr who was ill, and Alderman Puttick who was absent
on personal business. Alderman Margaret Germano presided as Chairman.
Following consideration of the items presented, the Committee of the Whole rose
to report in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
REGULAR COUNCIL MEERNG
Council Chambers
September 26, 1994
Council met on Monday, September 26, 1994 at 7:30 p.m. for the purpose of
considering Regular Business. All members of Council, with the exception of Alderman
Ward who was away on vacation, Alderman Orr who was ill, and Alderman Puttick who
was absent on personal business, were present. His Worship Mayor Thomson presided
as Chairman. Alderman Craitor offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Cowan indicated a pecuniary interest on Report F-94-32, Cheque No.
205549, because the recipient is his employer.
Alderman Cummings indicated a pecuniary interest on Reports CD-94-46 and CD-
94-44 and to the presentation of Bingo Country, because he is associated with a charity
that operates a bingo.
DEPUTATIONS
1. Mr. Harry Oakes informed Council of the positive sides of having a casino and
indicated that the casino committee is in favour of a casino referendum.
Mr. Dante MarineIll questioned the wording of the casino referendum.
ORDERED on the motion of Alderman Sherar, seconded by Alderman Susin, the
matter of a casino referendum deferred to the October 3, 1994 meeting of Council be
brought forward to this meeting of Council, Carried Unanimously. Aldermen Ward, Orr
and Puttick were absent.
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eellame
Page 2 -
Page 3-
ORDERED on the motion of Alderman Sherar, seconded by Alderman Janvary, for
reconsideration of the casino referendum question without debate. Carried Unanimously.
Aldermen Ward, Orr and Puttick were absent.
ORDERED on the motion of Alderman Susin, seconded by Alderman Craitor, that Council
pass the appropriate by-law to place the following question on the November 14, 1994
Municipal Election ballot '~re you in favour of City Council approving the operation of one
government regulated casino in the City of Niagara Falls?" The motion Carried with the
following recorded vote:
AYE: Aldermen Cowan, Craitor, Cummings, Fisher, Germane, Hendershot, Janvary,
Sherar, Susin and Mayor Thomson
REPORT
CD-94-46 - Re: Shamrock Boxing Club and Bingo Country. The report recommends
that the event calendar be amended to allow for the conduct of one event on Sunday
evening during the late night time slot; and that Staff meet with the Bingo industry to
discuss the municipal event calendar.
ORDERED on the motion of Alderman Cowan, seconded by Alderman Craitor to
endorse recommendation. The motion Carried with Alderman Cummings abstaining from
the vote on conflicts of interest previously noted and with all others voting in favour.
UNRNISHED BUSINESS
Aldermen Orr, Puttick and Ward were absenL
ORDERED on the motion of Alderman Sherar, seconded by Alderman Cummings, to
rescind Councirs motion of May 9, 1994 that the question be placed on the municipal ballot
in the November 14, 1994 election, "Do you want a casino in Niagara Falls? Yes or No."
Carried Unanimously.
2. Mr. Robert Orsini, Lundy's Lane Tourist Association presented a video tape in
favour of a casino for the information of Council.
ORDERED on the motion of Alderman Sherar, seconded by Alderman Germane,
to allow Judy McCarthy to speak at this session of Council. Carried Unanimously.
Judy McCarthy, 8f89 Althea Street indicated that the information contained in the
video was dated and situations have changed since the making of the video.
3. Mr. Jeffrey Smithers, Location Manager of the series "Taking the Falls"
indicated that the series is a police comedy that will be based on Niagara Fails and they
need the co-operation of local authorities.
4. Mr. Dick Rogers expressed thanks to the Mayor and Counc~ for their formation of
the committee to deal with prostitution problems in Niagara Falls.
ORDERED on the motion of Alderman Sherar, seconded by Alderman Germane, that
thanks be expressed to all persons on the Prostitution Committee. Carried Unanimously.
See Resolution No. 84
5. Mr. Lou Innocents, Liaison Officer, Bingo Country made a presentation based
on correspondence previously distributed to Council.
ORDERED on the motion of Alderman Craitor, seconded by AIderman Hendershot, to allow
Joe Moretta to address Council. The motion Ca~ed with Alderman Cummings abstaining
from the vote on conflicts of interest previously noted and with all others voting in favour,
Mr. Joe Moretta, Monte Carlo Bingo Hall addressed the matter of the Sunday late
night event and informed Council that the Shamrock Boxing Club group moved to his hall
on their own free will,
...3
CD-94-44 - Re: Provincial Bingo Policy. The report recommends that Council adopt the
revised policy for Municipal Approval of Provincial Bingos; that Council adjust the event
calendar to allow for a new time slot to operate between the hours of 12:00 midnight and
8:00 a.m., to be used exclusively for Provincial Bingos; and that the Provincial bingo policy
and the change to the event calendar be implemented for a one year trial period.
ORDERED ~n the motion of Alderman Craitor, seconded by Alderman Cowan to
endorse recommendation. The motion Carried with Alderman Cummings abstaining from
the vote on conflicts of interest previously noted and with all others voting in favour.
COMMUNICATIONS
Communication No. 323 - Aids Niagara - Re: Proclamation - requesting Council proclaim
the week of October 3rd to October 9th, 1994 as '~IDS Awareness Week".
ORDERED on the motion of AIderman Hendershot, seconded by Alderman Cummings that
the request be approved subject to established policy. Carried Unanimously.
Communication No. 324 - Anne Angelone, Chair, COATS FOR KIDS - Re:
Proclamation - requesting Council proclaim the week of October 23 to October 30, 1994
as "Coats for Kids Week".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor that the
request be approved subject to established policy. Carried Unanimously.
Communication No. 325 - Director of Fire Prevention - Re: Proclamation ~ requesting
Council proclaim the week of October 9 to October 15, 1994 as "Fire Prevention Week".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary that the
request be approved subject to established policy. Carried Unanimously..
Communication No. 326 - Regional Niagara, Health Services Department and the
Niagara Falls Cancer Society - advising Council that information will be available at
Niagara Square on October 26th, 27th and 28th, 1994 for an event entitled "Breast Health
Days" with respect to breast health guidelines, mammography, and self examination and
requested that Council assist in promoting awareness of this important health issue.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Fisher that the
program be endorsed. Carried Unanimously.
Communication No. 327 - Ernest Philpoff - Re: Proposed Closure of Mountain Road
between Townline Road and Beechwood Road.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Suain that the
matter be referred to staff. Carried Unanimously.
..,4
- Page 4 -
Communication No. 328 - Niagara Ratepayers For A Healthy Environment - Re: 1994
Planting, Mountain Road Landfill.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Sherer that the
matter be referred to staff and to the Public Liaison Committee. Carried Unanimously.
REPORTS
F-94-32 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $6,277,314.25 for the period ending September
26, 1994, be approved by the passing of the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. The motion Carried with Alderman Cowan abstaining
from the vote on conflicts of interest previously noted and with a~ others voting in favour.
See By-law No. 94-244.
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the actions taken on the following matters by Committee of the Whole earlier this evening
be approved.
- Appointment of Manager of Parks & Recreation - Report HR-94-12
Tax Arrears Arrangements, 816840 Ontario Limited - 5943 Victoria Avenue, Roll No.
030 007 153 - Report F-94-33.
Tax Arrears Arrangements, Joginder Singh Bagga - 8627 Lundy's Lane, Ro~ No. 100
005 04400 - Report F-94-34.
Tax Arrears Arrangements, Ashbury Motel Inc. - 7800 Lundy's Lane, Ro~ No. 090 006
73700 - Report F-94-36.
That the City Solicitor be authorized to defend the application by 913719 Ontario
Limited, c.o.b. Adults Only Video to repeal By-I~w No. 93-143 and to take a~ steps
necessary.
The motion Carried with Alderman Craitor voting contrary to the appointment of the
Manager of Parks & Recreation and a~ others voting in favour.
PD-94-f48 - Chief Administrative Officer - Request for Extension to Dreff Plan Approval;
Katherine Plan, 26T-89039 (Revised). The report recommends a Council resolution
supporting a one-year extension to the Katharina Draft Plan of Subdivision be adopted
conditional upon the applicant updating the required subdivision sign to reflect appmved
modifications to the Plan; and a copy of this report and Councirs resolution be fo~varded
to the Regional Muncipality of Niagara.
ORDERED on the motion of AIderman Cummings, seconded by AIderman Hendershot, that
the report be received and adopted, Carfled Unanimously.
See Resolution No. 65
CD-94-45 - Chief Administrative Officer - Special Occasion Permit, Chippawa Lions Club.
The report recommends that Council indicate it has no objection to the issuance of a
Special Occasion Permit to the organization listed in this report.
ORDERED on the motion of Alderman Susin, seconded by Alderman Fisher, that the report
be received and adopted. Carfled Unanimously, .,,5
- Page 5 -
L-94-57 - Chief Administrative Officer - Enfomement and Administration Procedures of
By-law No. 94-232. The report recommends that the report be forwarded to the Ad Hoc
Committee on the Enforcement and Administration of By-law No. 94-232, chaired by
Alderman Kim Craitor.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Fisher, that the
matter be tabled and referred to the Ad Hoc Committee to bring report back at earliest
convenience. Carried Unanimousiv.
RESOLUTIONS
No. 64 - SHERAR - GERMANO - RESOLVED that WHEREAS the Mayors Committee on
Prostitution was created through the efforts of the members of City Counc~ and at the
urging of Mr. Dick Rogers; AND WHEREAS it is now showing results along the City's
downtown core; AND WHEREAS the energy and efforts of both Mr. Rogers and the
Committee have been a great service to the community; THEREFORE be it RESOLVED
that an expression of thanks and gratitude be directed toward Mr. Rogers and all
participants in the Mayors Committee on Prostitution.
AND the Seal of the Corporation be hereto affixed.
The motion Carried Unanimously.
No. 65 - CUMMINGS - HENDERSHOT - RESOLVED that the Council of the Corporation
of the City of Niagara Falls hereby supports a one-year extension to the Katharina Draft
Plan of Subdivision and that the Regional Municipality of Niagara be so informed,
conditional upon the applicant updating the required subdivsion to reflect approved
modifications to the Plan.
AND the Seal of the Corporation be hereto affixed.
The motion Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Sherar, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
94-238 A by-law for submitting to the vote of the electors a municipal question.
94-239 A by-law to authorize the execution of an agreement with Ashbury Motel Inc.
respecting a Tax Arrears Certificate.
94-240 A by-law to authorize the execution of an agreement with Joginder Bagga
respecting a Tax Arrears Certificate.
94-241 A by-law to authorize the execution of an agreement with 816840 Ontario
Limited respecting a Tax Arrears Certificate.
94-242 A by-law to authorize monies for General Purposes (September 26, 1994).
94-243 A by-law to authorize the execution of a Quit Claim TransferDeed for Lot 78
Plan 6 now known as Plan 304 to Angelo Cavallin.
94-244 A by-law to appoint Adele Kon Manager of Parks and Recreation.
The motion Carried with Alderman Craitor voting in opposition to By-law No, 94-244 and
with all others voting in favour.
...6
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- Page 6 -
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ORDERED on the motion of Alderman Cummings, seconded by AIderman Fisher, that the
following by-laws now be read a second and third time:
94-238
94-239
94-240
A by-law for submitting to the vote of the electors a municipal question.
A by-law to authorize the execution of an agreement with Ashbury Motel Inc.
respecting a Tax Arrears Certificate.
A by-law to authorize the execution of an agreement with Joginder Bagga
respecting a Tax Arrears Certificate.
A by-law to authorize the execution of an agreer~ent with 81~840 Ontario
.Limited respecting a Tax Arrears Certificate.
94-242
94-243
A by-law to authorize monies for General Purposes (September 26, 1994).
A by-law to authorize the execution of a Quit Claim Transfer/Deed for Lot 78
Plan 6 now known as Plan 304 to Angelo Cavallin.
94-244 A by-law to appoint Adele Kon Manager of Parks and Recreation.
The motion Carried with Alderman Craitor voting in opposition to By-law No. 94-244 and
with all others voting in favour.
NEW BUSINESS
Adopt A Tree
Alderman Fisher advised that the Adopt A Tree Program is on October 7, 1994 and
everyone should attend.
McHapl3v Day
Alderman Fisher advised that McHappy Day is on Tuesday, September 27, 1994 at
McDonald's Restaurant on Lundy's Lane and everJ)one should attend.
Fire Prevention Week
Alderman Sherar advised that Fire Prevention Week is October 9th to 15th, 1994 and
he requested information on fire prevention. Mayor Thomson indicated that the Fire
Department will be making a deputation at the next Council-meeting on October 3, 1994.
United Way
Aldmem Germano advised that the United Way kick off is Wednesday, September 28,
1994 at 12:00 noon at the Ramada Renessance Hotel. Alderman Germano gave some
brief information concerning the United Way charity and the .campaign.
5602 Fraser Street
ORDERED on the motion of Alderman Sherar, seconded by Alderman Janvary, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
ORDERED on the motion of Alderman Craitor, seconded by Alderman Germano, that the ~i
petition for rezoning of 5602 Fraser Street be tabled and that the matter be referred to ~
staff. Canfed Unanimously, i i '
TWENTY SIXTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
October 3, 1994
Council met on Monday, October 3, 1994 at 6:00 p.m. in Committee of the Whole. All
members of Council, with the exception of Alderman Margaret Germano, who was away on
personal business, were present. Alderman Kim Craitor presided as Chairman.
Following consideration of the items presented, the Committee of the Whole arose to
report in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
REGULAR COUNCIL MEETING
Council Chambers
October 3, 1994
Council met on Monday, October 3, 1994 at 7:30 p.m. for the purpose of considering
Regular Business. All members of Council, with the exception of Alderman Margaret Germano,
who was away on personal business, were in attendance. His Worship Mayor Thomson presided
as Chairman. 'Alderman Ward offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Orr requested that the Minutes of September 26, 1994 be amended to reflect
her absence on each of the motions made regarding the matter of the casino referendum.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
Minutes of the Regular Meeting of September 19, 1994 and the Minutes of the Special Meeting
of September 26, 1994 be adopted as printed and that the Minutes of the Regular Meeting of
September 26, 1994 be adopted as amended. Carried Unanimously.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Hendershot and Janvary indicated pecuniary interests on Report F-94-37,
Cheque No. 205676, because the recipient is their employer.
Alderman Hendershot indicated a pecuniary interest on Report L-94-58, because the
property is adjacent to his residence.
Alderman Fisher indicated a pecuniary interest on Report PD-94-147, because .she owns
property next door.
Alderman Susin indicated a pecuniary interest on Report L-94-61 and By-law No. 94-250
because he had worked in the subdivision; and indicated a pecuniary interest on Report PD-94-
149 and By-law No. 94-249 because a member of his family had worked on the site.
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-3 ~
DEPUTATIONS
Operation Fire Safe
Fire Chief Peter Corfield provided information on a new program called "Operations
Fire Safe" and supported by Report FD-94-11, and reviewed the issue of smoke alarms; the use
of the 9-1-1 system; multiple dwelling units and home fire safety programs called "Learn Not
to Bum" and "Two Ways Out".
His Worship Mayor Thomson thanked Chief Corfield for his presentation of the program.
2. Pettit Avenue at Burdette Drive - Intersection Control - that the existing Yield control on
Burdette Drive at Pettit Avenue be replaced with a stop sign;
3. Glengate Street at Maplewood Avenue - Intersection Control - that the Municipal Parking
and Traffic Committee endorse Council's recommendation (September 19, 1994 meeting)
for the installation of an all-way stop control at the intersection of Glengate Street and
Maplewood Avenue.
ORDERED on the motion of Alderman Ward, seconded by Alderman Sherat, that the report be
received and adopted. Carried Unanimously.
See By-law No. 94-247
Bernice Mowat, President, Niagara Falls Y'vVCA Board of Directors, provided a
summary of services and current activities of the YWCA; reviewed the Mission Statement of the
Non-Profit Housing Corporation. Mrs. Mowat thanked members of Council for their interest
and support.
His Worship Mayor Thomson thanked Mrs. Mowat for the presentation.
Chuck Balqes-Chataway, Director of Economic Development, provided an overview
of the Quarterly Report of the Economic Development Advisory Board; discussed the national
and local economic conditions; referred to tours provided to prospective employees of the
Ministry of Culture, Tourism and Recreation and reviewed the Niagara Falls 1994 Community
Profile. Mr. Baltjes-Chataway introduced Mr. Rick Rathfelder, Chairman, Economic
Development Advisory Board, who provided a promotional video entitled "Niagara Falls as a
Great Place to Call Home".
His Worship Mayor Thomson congratulated all the individuals involved in the production
of the 1994 Community Profile.
COMMUNICATIONS
RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
actions taken on the following matters by the Municipal Works Committee, earlier this evening
be approved.
Conununication No. 329 - Joe Longo, Chief Librarian, Niagara Falls Public Library - Re:
Proclamation. The communication requests Council proclaim the week of October 17 to October
23, 1994 as "Ontario Public Library Week".
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the request
be approved subject to established policy, Carried Unanimously. 5.
Communication No. 330 - Chrls Malkiewich, President, Ontario Secondary School
Teacher' s Federation - Re: Proclamation. The communication requests that Council proclaim ! '! 6,
the day of O~tober 5, 1994 as "Teacher Recognition Day",
ORDERED on the motion of Alderman Cummings, seconded by Alderman-Sherar, that the
request be approved subject to established policy. Carried Unanimously. ~ 7.
REPORTS
MW-94-202 - Chairperson, Municipal Parking & Traffic Committee - Re: Municipal ~ 8.
Parking & Traffic Committee Recommendations of September 20, 1994 Meeting. The
r~port recommends the following:
1.. MW-94-189 - Willinger Street - Request for All-Way Stop Control - that stop signs be '~ 9.
installed on Wiliinger Street at Mercury Avenue and on lupiter Boulevard at Willinger
Strut;
...3
Adoption of Minutes of the September 19, 1994 Municipal Works Committee as amended;
Fence Encroachment (Mr. R. Duggan, 4463 Morrison Street) - Insurer's Opinion; Sketch
of Mr. Duggan's suggested Compromise - that Mr. Duggan's proposal to locate his fence
1.5 metres (5 feet) on City property along St, Clair Avenue be approved and that the City
obtain an undertaking from Mrs. Schooley confirming her acceptance of this proposal -
Opposed: Aldermen Cowan, Susin and Ward;
Mr. Michael J. Triesz, 4593 Queen Street - Request for Reimbursement of Tipping Fees
paid for 'Shingles - that Mr. Triesz's request for reimbursement of Tipping Fees in the
amount of $110 paid for shingles, be approved - Opposed: Alderman Ward;
MW-94-200 - Thorold Stone Road Sanitary Sewer Cost Sharing - that a supplementary
application be made to the Canada/Ontario Infrastructure Works Program for funding to
carry out the installation of sanitary sewers on Thorold Stone Road and that a meeting be
arranged as soon as possible with Mrs. Margaret Harrington, M.P.P.; Mr. Gary Pillitteri;
M.P., Mayor Wayne Thomson; Mr. Letourneau and delegation and appropriate City staff
to discuss receiving funding assistance; and if funding is not approved, that this matter
come back to the Municipal Works Committee for further consideration of Alternative #3;
MW-94-201 - Niagara Municipal Recycling Board - Contingency Fund - that Report MW-
94-201 be received and filed for information;
MW-94-199 - Home Composting Program - that staff be directed to obtain prices to operate
a "Home Cornposter Tmckload Sales Event" for the residents of the City of Niagara Falls;
MW-94-203 - Rolling Acres Basement Flooding Update Report - that Report MW-94-203 -
Rolling Acres Basement Flooding Update Report be received and filed for information and
that copies be sent to the residents in the Rolling Acres Drive area;
Request for Waiving of Tipping Fees - Mr. Doug McCutcheon (Requested through
Alderman Pat Cummings) - that Mr. Doug McCutcheon be granted waiving of Tipping
Fees at the City's landfill - Opposed: Aldermen Cowan and Ward;
Household Hazardous Waste Day (September 25, 1994) Update) - that the Memorandum
on Household Hazardous Waste Day be received and filed for information;
...4
-4-
10.
Requesting Infrastructure Program Supplementary Funding - that the correspondence
requesting Infrastructure Program Supplementary Funding be received and filed for
information - Alderman Susin declared a conflict of interest because he holds mortgage in
the River Road area;
11.
Portage Road - CN Rail Grade Separation Removal - that the Memorandum on the Portage
Road - CN Rail Grade Separation Removal be received and filed for information and that
a meeting be arranged with representation from Emergency Services (i.e. Fire and
Ambulance) and CN Officials to discuss problems regarding this matter - Alderman
Hendershot declared a conflict of interest;
12. Maple Leaf Village Tower Update - that the memorandum be received and filed for
information;
13. Public Meeting Proposed Redevelopment of Rainbow Bridge Plaza - that the Notice of
Public Meeting for Proposed Re, development of Rainbow Bridge Plaza, be received and
: filed for information;
14. The City of Niagara Falls Float First Place Win in the Civic Floats Category in the Grape
& Wine Parade held in St. Catharines, on September 24, 1994 - that the matter of the City
of Niagara Falls Float winning First Place in the Civic Floats Category in the Grape &
Wine Parade held on September 24, 1994 be received and filed for information and that a
letter of commendation be forwarded to appropriate City staff for their participation
regarding this matter.
The motion Carried with Aldermen Cowan, Susin and Ward voting contrary to the motion
regarding the matter of a Fence Encroachment; Alderman Ward voting contrary to the motion
regarding the Request from Mr. M. Triesz for Reimbursement of Tipping Fees paid for
Shingles; Aldermen Cowan and Ward voting contrary to the motion regarding the Request by
Mr. Doug McCutcheon for Waiving of Tipping Fees; Alderman Susin abstaining from the vote
on the matter regarding Requesting Infrastructure Program Supplementary Funding on a conflict
of interest previously noted; Alderman Hendershot abstaining from the vote on a
conflict of interest and with all others voting in favour.
*****
· Following some discussion, it was ORDERED on the motion of Alderman Cummings,
seconded by Alderman Craitor, that staff be instructed to provide a handicap parking by-law at
the next Council meeting. Carried Unanimously.
-5
His Worship Mayor Thomson advised that the public meeting was being held to provide
the developer an opportunity to inform Council and the public about the proposed subdivision
and to receive public input, and that if any concerns were raised, they would be addressed where
possible, through the appropriate stage of the subdivision process.
Mayor Thomson received indication that Mr. Dennis Landry and Mr. Dick Hedge were
in attendance on behalf of the applicant.
Mr. Dennis Landry advised that Phase It application proposed 125 single family units and
would provide affordable housing units on the market.
Mr. Dick Hedge responded to concerns regarding the proposed road extension.
His Worship Mayor Thomson received a negative response to his request whether there was
anyone in attendance with any further concerns.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report
be received and adgpted. The motion Carried with Alderman Fisher abstaining from the vote~
on a conflict of interest previously noted and with all others voting in favour.
PD-94-149 - Chief Administrative Officer - Re: Request for Removal of Part Lot Control,
Lot 40 and Portion of Lot 135, Registered Plan 251; Bridgewater Street. The report
recommends the following:
PD-94-147 - Chief Administrative Officer - Re: Proposed Plan of Subdivision, Chippawn
Phase II, Queensway Chippawn Properties Inc., 26T-94009. The report recommends the
following:
1. That municipal staff be directed to process the application for the proposed subdivision;
2. That a subsequent report be prepared for the consideration of Council based on the
information received from various agencies, City departments and the public.
His Worship Mayor Thomson stated that the purpose of the report was to inform members
of Council and the public that an application was king considered for the Chippawn Phase II
plan of subdivision in the former Village of Chippawn.
That the request from Brian Sinclair, on behalf of Richard McLeod, to remove Lot 40 and
a portion of Lot 135, Registered Plan 251, from part Lot Control be appmved and that
Council pass the appropriate by-law to designate the lands as exempt from Pan Lot
Control; '
2. That the applicant be required to give notification to the City, when the deeds have been
registered, in order for the by-law to be repealed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the
report be received and adopted. The motion Carried with Alderman Susin abstaining from the
vote on a conflict of interest previously noted and with all others voting in favour.
See By-law No. 94-249
F-94-37 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends
that the accounts totalling $13,640,674.82 for the period ending October 3, 1994, be approved
by the passing of the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report
be received and adopted. The motion Carried with Aldermen Hendershot and Janvary abstaining
from the vote on conflicts of interest previously noted and with all others voting in fayour.
See By-law No. 94-252
i
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the actions on the following matter by the Committee of the Whole, earlier this evening be
approved.
-6 -
To received the letter dated September 14, 1994 from Executive Helicopter, and deny the
request that the City abandon the proceedings currently pending before the Ontario Court
of Appeal.
Carried Unanimously
-7 -
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
following by-laws be now read a second and third time:
94-245
L-94-58, Chief Administrative Officer - Re: Anti-Whistling By-law. The report recommends ; 94-246
that should Council wish to prohibit the sounding of train engine whistles at CN Rail Mileage ~
Crossing 29.88, Stamford Subdivision, Portage Road, then it should pass the attached by-law.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the ~94-247
report be received and adopted. The motion Carried with Alderman Hendershot abstaining from ~
the vote on a conflict of interest previously noted and with all others voting in favour. ~
See By-law No. 94-251
L-94-61 - Chief Administrative Officer - Re: Dedication of Roads as Public Highways, Plans
M-59-203 & M-59-204. The report recommends that certain one foot reserves and other land
conveyed to the City for road purposes be established as Public Highways.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report
be received and adopted. The motion Carried with Alderman Susin abstaining from the vote on
a conflict of interest previously noted and with all others voting in favour.
BY-LAWS
See By-law No. 94-250
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
A by-law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan. (Amendmere No. 7, Special Policy Area "19")
94-245
A by-law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan. (Amendment No. 8, Temporary Use)
94-246
94-247 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and !]
traffic on City Roads. (Stop Signs, Yield Signs).
A by-law regulating storm water run-off from private property which run-off
system is not connected to a building or structure by a building storm sewer.
94-248
A by-law to designate certain land not to be subject to part lot control.
A by-law to establish certain one foot reserves and other land conveyed to the
City for highway purposes as public highways.
94-251 A by-law to govern the sounding of engine whistles on railways in the City of
Niagara Falls.
94-252 A by-law to authorize monies for General Purposes (October 3, 1994).
The motion Carried with Alderman Susin abstaining from the vote on By-law Nos 94-249 and
contrary to the motion on By-law No. 94-251; and Aldermen Hendershot and Janvary abstaining
from the vote on By-law No. 94-252 on conflicts of interest previously noted and with all others
voting in fayour. . ..7
94-249
94-250
A by-law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan. (Amendment No. 7, Special Policy Area "19")
A by-law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan. (Amendment No. 8, Temporary Use)
94-248
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads. (Stop Signs, Yield Signs).
A by-law regulating storm water run-off from private property which run-off
system is not connected to a building or structure by a building storm sewer.
94-249
94-250
A by-law to designate certain land not to be subject to part lot control.
A by-law to establish certain one foot reserves and other land conveyed to the-.
City for highway purposes as public highways.
94-251 A by-law to govern the sounding of engine whistles on railways in the City of
Niagara Falls.
94-252 A by-law to authorize monies for General Purposes (October 3, 1994).
The motion Carried with Alderman Susin abstaining from the vote on By-law Nos. 94-249 and
94-250 on a conflict of interest previously noted; Alderman Hendershot abstaining from the vote
on a conflict of interest previously noted on By-law No. 94-251; Alderman Cowan voting
contrary to the motion on By-law No. 94-251; and Aldermen Hendershot and Janvary abstaining
from the vote on By-law No. 94-252 on conflicts of interest previously noted and with all others
voting in favour.
NEW BUSINESS
Grow-Rich Odour Problems
Alderman Gary Hendershot referred to complaints he had received regarding the severe
odour problems in the area of Grow-Rich Inc. and requested that the Mayor's Office assist the
residents in the area by meeting with the Ministry of the Environment to expedite the matter.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Sherar, that the
Mayor's Office assist the residents and meet with the Ministry of the Environment officials to
expedite the matter. Carried Unanimously.
Project SHARE Food Drive
Alderman Gary Hendershot discussed Project SHARE's Food Drive being held on Saturday,
October 8, 1994 and provided bags for canned goods to members of Council and staff.
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Regional Niaaara Development Agency
Aldennan Gary Hendershot referred to the Region's efforts in uniting the Regional
Development Agency and the Regional Niagara Tourist Council.
Buttery Street Yards
Alderman Norm Puttick referred to correspondence received from CN Real Estate regarding
the sale of lands and development opportunities and requested that the matter be referred to
Mr. Peter Block.
MacLean Hunter Cable T.V. Four-Part Series
Alderman Kira Craitor referred to a four-pan series presented by MacLean Hunter Cable
T.V. to assist unemployed residents in the area and being held on October 9th, 16th, 23rd and
30th, 1994 at 7 p.m. on Cable 10.
Walt Disney Organization
Alderman Ed Sherar referred to an article in the Globe and Mail regarding the Walt Disney
organization's decision not to build a complex in Virginia. Alderman Shetar was advised that
a letter had been forwarded to the Walt Disney Company (Canada) Ltd., inviting them to
develop a principal tourist attraction in the City of Niagara Falls.
Happy Thanksgiving,
His Worship Mayor Thomson wished everyone a safe and happy Thanksgiving holiday.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the meeting
adjourn. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
TWENTY SEVENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
October 17, 1994
Council met on Monday, October 17, 1994 at 7:05 p.m. in Committee of the Whole.
All members of Council, were present. Alderman Bruce Ward presided as Chairman.
Following consideration of the items presented, the Committee of the Whole rose
to report in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
PLANNING MEETING
Council Chambers
October 17, 1994
Council met on Monday, October 17, 1994 at 7:30 p.m. for the purpose of
considering Planning Matters and Regular Business. All members of Council were present.
His Worship 'Mayor Thomson presided as Chairman. Alderman Hendershot offered the
Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Hendershot and Janvary indicated pecuniary interests on the matter
regarding Westlane Secondary School's opposition to a liquor licence application of Toon-
Town Burgers because the School Board is involved.
Alderman Susin indicated a pecuniary interest on Report F-94-38, Cheque No,
206002, because members of his family are firefighters.
Prior to dealing with Planning Matters, His Worship Mayor Thomson welcomed and
introduced Mrs. Adele Kon, to members of Council as the new Manager, Parks and
Recreation.
PRESENTATION
His Worship Mayor Thomson provided a brief summary of the theatrical
accomplishments of Miss Joely Collins and presented a token of appreciation to Miss
Collins on behalf of members of Council and the citizens of Niagara Falls. Miss Collins,
the daughter of pop music legend, Phil Collins and is in the area meeting with local high
school students, as weft as taking promotional shots of the Falls.
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Mayor Thomson extended a special invitation on behalf of the members of Council
to Phil Collins requesting him to attend the 1994 Festival of Lights New Years Eve
Celebration and to consider being the headliner for our 1995 Festival of Lights New Years
Eve Celebrations.
United Way Calendar
Alderman Kim Craitor provided background information regarding the Niagara Falls
District Labour Council's involvement with the Regional Police Calendar. Alderman Craitor
advised that 5,000 calendars had been published with the proceeds being divided up
beb/veen the various United Way groups. Alderman Craitor introduced Police Chief Grant
Waddell, who thanked the Niagara Falls District Labour Council for their support and
involvement in the United Way calendar,
Mr. Don Pierson, Chair, Special Events, thanked members of Council for their
support in the United Way campaign and Janie Stafford presented a token of appreciation
to the Mayor and members of Council.
PLANNING MATTERS
PD-94-151 Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-27/94; 5705 Fells Avenue (Maple Leaf Village); Jim Ashby. The report
recommends that Council approve the Zoning By-law Amendment Application to recognize
an existing billlard haft as a permitted use on the lands known as 5705 Falls Avenue.
- AND -
Communication No. 331 - Niagara Peninsula Conservation Authority.
communication advises as having no objection t.o the proposed app~cation.
The
- AND -
Communication No. 332 - Hampton Inn at the Falls. The communication indicates
opposition to the application because the proposal will result in substandard quality service
in Niagare's Tourist Sector; dissatisfied visitore; and an overaft negative impression ef
Niagara Fa~s. ~
- AND -
Communication No. 333 - Ministry of Natural Resources. The communication advises
as having no objection to the application.
His Worship Mayor Thomson declared the Public Meeting open and read the
procedure to be followed under the Planning AcL
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance to regulations on September 16, f994.
His Worehip Mayor Thomson received indication that Mr. Jim Ashby, applicant was
in attendance and received a positive response to his request for a show of hands by
persons present who were interested in the application. He requested that all persons
wishing to receive further notice of the passage of the 'by-law submit their names and
addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the following information included in Technical
Report No. PD-94-145; Nature of the Amendment; Planning Review; Nature of the Zone
Change; Compatibility; Licensing and ~e Public Notification Process.
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His Worship Mayor Thomson received a negative response to his request for
comments from persons, other than the app~cant or his agent, in support of the appfication,
and received a negative response from persons opposed to the application.
Since no further comments were forthcoming, His Worship Mayor Thomson declared
the Public Meeting with regard to Application AM-27/94 closed.
ORDERED on the motion of Alderman Ward, seconded by Alderman Germano, that the
report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Hendershot, that
the communications be received and filed. Carried Unanimously.
PD-94-f53 - Reconsideration of Official Plan and Zoning By-law Amendment
Application; AM-26/92; Vincenzina Biamonte, Part 2, Plan 59R-258-, North Side of
Thorold Stone Road West of Thorowest Plaza. The report recommends that the report
is for the consideration of Council.
- AND -
Communication No. 334 - Jean Grandoni. The communication requests that the
application should not be reconsidered until the ongoing study on the W-5-2 Tributary of
Shriners Creek is complete and creek drainage design is settled.
- AND -
Communication No. 335 - Sinclair, Crowe, Solicitors. The communication expresses
concern regarding an over intensity of commercial capacity already approved for this
location.
- AND -
Communication No. 336 - Niagara Peninsula Conservation
communication advises as having no objection to the application.
Authority. The
- AND -
Communication No. 337 - Ministry of Natural Resources.
as having no objection to the application.
The communication advises
His Worship Mayor Thomson declared the Pubtic Meeting open and read the
Procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given 'in
accordance to regulations on September 16, 1994.
His Worehip Mayor Thomson received indication that Mr. Biamonte was in
attendance; and received a positive response to his request for a show of hands by
persons present who were interested in the application. He requested that all persons
wishing to receive further notice of the passage of the by-law submit their names and
addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the following information included in Technical
Report No. PD-94-16; Proposal; Proposed Amendments; Submissions; Planning Analysis;
Official Plan; Other Proposed Commercial Facilities; Market Analysis; Land Use
Compatibility; Nature of the Amendments; Site Plan Control and the Public Notification
Process..
His Worship Mayor Thomson received a negative response to his request for
comments from persons, other than the applicant or his agent, in support of the application,
and received a positive response from persons opposed to the application,
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Miss Jean Grandoni, R. R. #f, Garner Road, expressed concerns regarding
redesign of Shfiners Creek; creek drainage problems; water purification and channellzation
of the main stream.
Since no further comments were forthcoming, His Worship Mayor Thomson declared
the Public Meeting with regard to App~cation AM-26/92 closed.
The Director of Municipal Works responded to questions regarding future plans for
a proposed four lane highway.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Germano, that the
report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Fisher, that the
communications be received and filed. Carried Unanimously
PD-94-132 -Chief Administrative Officer- Re: SPC-f 5/94; Proposed Golf Course and
Restaurant; SL Paul Avenue, North of Mountain Road. The report recommends the
following:
1. That Council approve the above subject site plan for a proposed golf course and
restaurant pursuant to Section 41 of the Planning Act;
2. That the Mayor and Clerk be authorized to execute a Conditional Permit Agreement
with the applicant on behalf of the City so as to expedite the issuance of a building
permit.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the report
be received and adopted. The motion Carded with Alderman Janvary voting contrary to
the motion and with all others voting in favour.
PD-94- f 54 - Chief Administrative Officer - Re: Site Plan Approval; Proposed Addition
to 3509 Portage Road. (Dairy Queen). The report recommends that Council approve the
above subject site plan for the proposed addition to 3509 Portage Road pursuant to
Section 4f of the Planning Act.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
PD-94-f55 - Chief Administrative Officer -R~: Site Plan Approval; Proposed 6-Unit
Rooming House, 5946 Dunn Street. The report recommends that Council approve the
above subject site plan for the proposed 6-unit rooming house pursuant to Section 41 of
the Planning Act.
ORDERED on the motion of Alderman Puttick, seconded by AIderman Orr, that the report
be received and adopted, Carded Unanimously.
PD-94-f56 - Chief Administrative Officer - Re: Site Plan Approval; PropOsed Mount
Cannel Shopping Centre; Phase f, ES Montrose Road, NS Thorold Stone Road. The
report recommends that Council approve the above subject site plan for the proposed
Mount Carmel Shopping Centre Phase 1, pursuant to Section 41 of the Planning Act,
Miss Jean Grandoni, R.R. #f, Garner Road expressed concams regarding storm
water.
Mr. Steward Branscombe advised that approval had been given by the Region,
the Niagara Peninsula Conservation Authority, the Ministry of Natural Resources and the
Ministry of Transportation.
ORDERED on the motion of Alderman Henderehot, seconded by Alderman Janvary, that
· the report be received and adopted. Carded Unanimously,
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PD-94-f58 - Chief Administrative Officer - Re: Request for Extension to Draft Plan
Approval Mount Carmel North 26T-89009. (Revised) The report recommends the
following:
That a Council resolution supporting a one-year extension to the Mount Carme/ North
Draft Plan of Subdivision be adopted conditional upon the applicant maintaining the
appropriate subdivision sign which complies with Municipal and Regional requirements,'
2. That a copy of this report and Council's resolution be forwarded to the Regional
Municipality of Niagara.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Hendershot, that
the report be received and adopted. Carried Unanimously.
REGULAR COUNC~ MEERNG
Alderman Fermino Susin requested that the Minutes of October 3, 1994, from
Municipal Works Committee, page 4 be amended to reflect that his conflict of interest was
because he holds e mortgage in the River Road area.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
Minutes of the Regular Council Meeting of October 3, 1994 be adopted as amended.
Carried Unanimously.
DEPUTATIONS
Shawn George and Jamie George, 8f36 Coventry Road requested that Council
consider the construction of a pool in the Kalar/McLeod Road area at John Allan Park and
provided a petition with 639 names in support of the initiative.
The Director of Community Services advised of a study regarding having another
swimming pool in the Westlane area and indicated that the matter is being investigated.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cowan, that
Shawn and Jamie George be thanked for their presentation to Council. Carried
Unanimously.
Calvin Beresh, Solicitor expressed opposition, on behalf of the teachers,
administration and parents at Westlane Secondary School, to a liquor licence application
from Toon-Town Burgers, and requested that Council support Westlane's opposition to the
liquor licence as it was contrary to the public interest within the municipality of Niagara
Falls.
Mr, Beresh introduced Mr. Brooker, VIce Principal of Westlane Secondary
School, who expressed concerns that a number of students are of legal drinking age and
that the close proximity of an establishment serving liquor to students would create further
disciplinary, safety and vandalism problems,
Mr. Barash advised that a hearing with the Liquor Licence Board of Ontario would
be held on October 26, 1994.
Following some discussion, it was ORDERED on the motion of Alderman Germano,
seconded by Alderman Puttick, that the owners of Toon-Town Burgers be advised that
Council will consider a resolution opposing the liquor licence and request that they attend
the next Council meeting to provide further information regarding the application. The
motion Carded with Aldermen Hendershot and Janvary abstaining from the vote on
conflicts of interest previously noted and with a~ others voting in favour,
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Licensino of Businesses
Mr. Tony Primeraria was not in attendance to discuss his concerns.
COMMUNICATIONS
Communication No. 338- Ministry of fie Soficitor General and Correctional Services
- Re: Proclamation. The communication requests Council proclaim November 6-12, 1994
as "Crime Prevention Week".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
request be approved subject to established policies. Carried Unanimously.
Communication No. 339 - Amity Goodwill Industries Niagara - Re: Proclamation. The
communication requests Council proclaim November ~2-19, 1994 as "Goodwill Week"
and that November 8, 1994 be proclaimed as "Goodwill Day".
ORDERED on the motion of AIderman Ward, seconded by AIderman Orr, that the requests
be approved subject to established policies. Carried Unanimously.
Communication No. 340 - The Chamber of Commerce Niagara Falls, Canada - Re: Fair
Exchange Rate. The communication suggests that all businesses in Niagara Falls post the
daily exchange rate in a visible and prominent location in their place of business in order
to most effectively combat the unscrupulous manner that some businesses exchange U.S.
currency for Canadian currency.
ORDERED on the motion of Alderman Susin, seconded by AIderman Orr, that the initiative
be supported. Carried Unanimously.
Communication No. 34t - Petition from Concerned Citizens on Garner Road - Re:
Sewage Dump on Garner Road. The petition expresses opposition to having Toronto's
sewage camposted in Niagara Falls.
ORDERED on the motion of Alderman Shemr, seconded by AIderman Orr, that the matter
be referred to staff. The motion Carried. with Aldermen Cowan and Cummings voting
contrary to the motion and with all others voting in favour.
Communication No. 342 - The Optimist Club of Niagara Falls, !nc. - Re: Proclamation.
The communication requests Council proclaim November 13-19, 1994 as "Youth
Appreciation Week". ~
ORDERED on the motion of Alderman Cummings, seconded by AIderman Susin, that the
requeat be approved subject to established policy. Carried Unanimously.
REPORTS
MW-94-204 - Chief Administrative Officer- Re: Region's Reference 94-T-f8; Sodium
Chloride Tender. The report recommends that the tendered price for sodium chloride, at
a cost of $38,73 per tonne from Azko Salt Ltd., be accepted for the 1994-1995 Winter
Season, G.S.T,, less the Municipal G.S.T. rebate, plus Provincial Sales Tax will add an
additional 1f% to ~e cost.
ORDERED on ~e motion of Alderman Susin, seconded by Alderman Janvary, that the
report be received and adopted. Carried Unanimously.
MW-g&205 - Chief Administrative Officer - Re: Niagara Public Purchasing Committee
Tender 94-T-19; Stockpiling of Winter Sand; 1994-1995 Winter Season. The report
recommends that the tender for the supply and delivery of winter sand, including the mixing
of saff with this sand, be awarded to Walker Broffier's Quarries for ~e unit pieces tendered
by this company.
..,7
ORDERED on the motion of Alderman Cowan, seconded by Aldermen Janvary, that the
report be received and adopted. Carried Unanimously.
RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS
(Chairman, Alderman Gary Hendershot)
1. Approval of the Minutes of October 3, 1994 as amended;
Fencing Problem - Mr. Glen Rodgers (6530 Russell Street) - that the property at 6530
Russell Street be exempted from the City's Fence By-Law to permit a side yard fence
height of fO feet maximum and that Mr. Rodgers submit a letter to the City with
respect to the structural adequacy of the extended fence;
MW-94-210 - Casey Subdivision Flooding Update - that Report MW-94-210 be
received and filed for information and that staff further investigate this matter to
determine if immediate remedial measures can be done in the interim until the
completion of the LN.S. Report;
MW-94-200 - Thorold Stone Road Sanitary Sewer Cost Sharing - the handout
correspondence from Miss Grandant be received and filed for information to be further
reviewed by Members of the Municipal Works Committee and City Council with any ..
concerns to be brought forward at a future meeting, if necessary, that staff be directed
to request testing of the Shriner's Creek for sewage contamination to be carried out
by the appropriate Regulatory Agency and that the findings be presented at a future
meeting for consideration and information;
MW-94-209 - Handicapped Parking By-law - that Report MW-94-209 that the
Handicapped Parking By-Law be approved and that the erection of specified signs be
done only where handicapped parking spots exist and that the remainder of the
requirements with respect to signs (i.e. number) and pavement markings be deferred
for further consideration and public input - Opposed: Aldermen Pat Cummings, Bruce
Ward and Norm Pugtick;
Correspondence from staff re Sidewalk Problem Mrs. Walkden (6543 Taylor Street)
was provided to members for information - that the memorandum conceming
resolution of a sidewalk complaint at the above-noted location be received and filed
for information;
7. Information on Road Closure - that Lyons Creek Road be[wean the Q. EW & Stanley
Avenue would be closed from October 24 through November 22, 2994 to allow
replacement of a box culvert by the Region.
The motion Carried with Aldermen Pat Cummings, Bruce Ward and Norm Puttick voting
contrary to Report MW-94-209 - Handicapped Parking By-law and with all others voting in
favour.
R-94-60 - Chair, Ontario Winter Games - Re: Ontario Winter Games. The report
recommends that Council approve a message on the City's postage stamp machine, to
appear on all correspondence leaving City Hall for a 6-month period to acknowledge the
Ontario Winter Games taking place March 9-f2, 1995.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the
report be received and adopted. Carried Unanimously.
R-94-61 - Chair, Civic Committee - Adopt-A-Street Program. The report recommends
that this report be received and filed for information.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and filed for the information of Council, Carried Unanimousl~/~
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ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that a
letter of appreciation be sent from the Mayors Office to all the groups volunteering to adopl
City streets. Carried Unanimously.
FD-94-12 - Chief Administrative Officer - Re: Municipal By-law 80-114; Designation
of Private Roadways as Fire Routes; Inclusion of Niagara South Condominium #19,
5150 Dorchester Road; and Niagara South Condominium #28, 5100 Dorchester Road.
The report recommends that Council approve the request of Shabri Properties Limited,
acting as property manager for the Condominium Corporations, to designate the private
roadways as Fire Routes.
ORDERED on the motion of Alderman Susin, seconded by Alderman Cummings, that the
report be received and adopted. Car~ed Unanimously.
F-94-38 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends
that the accounts totalling $f,037,235.85 for the period ending October f7, 1994, be
approved by the passing of the by-law appearing later on the agenda.
Additional information was provided on Cheque No. M90465.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
report be received and adopted. The motion Carried with Alderman Susin abstaining from
the vote on a conflict of interest previously noted and with all others voting in favour.
See By-law No, 94-258
RATIFICATION OF FINANCE COMMITTEE ACTIONS
(Chairman, Alderman Pat Cummings)
ORDERED on the motion of AIderman Cummings, seconded by AIderman Hendershot, that
the actions taken on the following matters by the Finance Committee, earlier this evening
be approved.
Adoption of the Minutes of August 8, 1994 Finance Committee Meeting;
2. Report FC-94-28 - Tax Balances at September 30, 1994 - that the report be received
for the information of the Finance Committee;
Report FC-94-29 - Statement of Revenue and Expenditures for the period ended
September 30, 1994 - that the report be received for the information of the Finance
Committee.
Carried Unanimously
L-94-62 - Chief Administrative Officer - Re: Manza Agreement with City Part 9 on
Reference Plan 59R-6480 East side of Montrose Road, South of CaH Road. The report
recommends that Council authorize the execution by the Mayor and Clerk of an Agreement
dated October 11, 1994 between Anna Manza and the City regarding application for a
Building Permit.
ORDERED on the motion of Alderman Susin, seconded by Alderman Orr, that the report
be received and adopted and further ~at a report be brought back regarding the procedure
used for testamentary devise. CanYed Unanimously,
Report from Alderman Kim Craitor, Chair, Ad hoc Committee on the Enforcement &
Administration of By-law No. 94-232 - Re: Enforcement and Administration of
By, law No. 94-232, LIcensing Attendants In Adult Entertainment Parlouts, The report
recommends that this report be endorsed by Ci~y Council.
...9
Regional Chairman Brian Merrett discussed the feasibility of the Regional
Municipality of Niagara Police Services Board assuming the responsibility for the licensing
of adult entertainment parlours and attendants. He indicated that letters had been
forwarded to the Mayors and Clerks of the various municipalities advising that the meeting
will be held on Monday, October 24, 1994 at the Police Services Board.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Germano, that the
report be received and filed. Carried Unanimously.
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS_
ORDERED on the motion of Alderman Cowan, seconded byAIderman Cummings, that the
actions taken on the following matters by the Committee of the Whole, earlier this evening,
be appreved.
That the City Solicitor be authorized to accept the offer of Provost Transport in full and
final settlement of the action and be authorized to take all necessary steps in that
regard;
Information Item - that the Court of Appeal has granted the City leave to appeal the
acquittal of Executive Helicopter.
Carried Unanimously/
RESOLU~ONS
NO. 66 - CUMMINGS - FISHER - WHEREAS the City of Niagara Falls has initiated
streetscaping improvements and infrastructure rehab~itation works on Victoria Avenue in
the core of the Tourist Area; AND WHEREAS the total cost of the works is $2.9 m~lion of
which approximately $920,000 is designated for streetscaping improvements,' AND
WHEREAS the City originally applied for and received Provincial Funding Assistance for
these works under the Jobs Ontario Program in the amount of $250,000; AND WHEREAS
there are several streetscaping features which have been deferred due to financial
constraints - the total estimated cost of these deferred street~caping features is
approximately $320,000; AND WHEREAS these deferred streetscaping features are
deemed to be vital components of the work in order to fulfill the objectives of the
streetscaping improvements; NOW THEREFORE BE IT RESOLVED that the Province,
through M.P.P. Margaret Harrington, be requested to provide additional funding under the
Jobs Ontario Program in the amount of $320,000 to permit these necessary, deferred,
streetscaping features to be completed; AND FURTHER that an immediate response from
the Province be requested in order that these additional works can be incorporated into the
construction activities which are currently in progress; AND FURTHER that the Seal of the
Corporation be hereto affixed.
Carried Unanimously
B Y-LA WS
ORDERED on the motion of Alderman Cummings, seconded by AIderman Hendershot, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
94-253
A by-law to authorize the execution of a Subdivision Agreement with Karen
Ann DeGiorgio and others respecting Mount Carmel North Phase I Plan of
Subdivision.
94-254
94-255
A by-law to amend By-law 79-200, as amended, (AM-25/94)
A by-law to authorize the execution dan agreement with Anna Mar~za as a
condition of building permit application.
't '1
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- 11 -
94-256
A by-law to amend By-law 79-200, as amended. (Mario lairate, In Trust, St.
Paul Avenue & Mountain Rd.)
94-257
A by-law to authorize the execution of a Cost Sharing Agreement with Mario
lairate, In Trust, and others.
94-258 A by-law to authorize monies for General Purposes (October 17, 1994).
The motion Carried with Alderman Janvary voting contrary to By-law No. 94-256 and 94-
257; Alderman Susin abstaining from the vote on By-law No. 94-258 on a conflict of
interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by AIderman Hendershot, that
the following by-laws be now read a second and third time:
94-253 A by-law to authorize the execution of a Subdivision Agreement with Karen
Ann DeGiorgio and others respecting Mount Carreel North Phase I Plan of
Subdivision.
94-254
94-255
A by-law to amend By-law 79-200, as amended. (AM-25/94)
A by-law to authorize the execution of an agreement with Anna Manza as a
condition of building permit application.
94-256
A by-law to amend By-law 79-200, as amended. (Mario lairate, In Trust, St.
Paul Avenue & Mountain Rd.)
94-257
A by-law to authorize the execution of a Cost Sharing Agreement with Mario
lairate, In Trust, and others.
94-258 A by-law to authorize monies for General Purposes (October f7, 1994).
The motion Carried with Alderman Janvary voting contrary to By-law No. 94-256 and 94-
257; Alderman Susin abstaining from the vote on By-law No. 94-258 on a conflict of
interest previously noted and with all others voting in favour.
NEW BUSINESS
Handical3 Accessibilitv
Alderman Pat Cummings inquired about handicap accessibility at the polling stations
dudng the upcoming elections and was advised by the City Clerk that the buildings would
be handicap accessible.
Cow Patty Binco
Alderman Shirley Fisher stated that the Cow Patty Bingo event held in Chippaws had
been very successful and thanked members of Council for their support.
!; ,.
Allocation of Funds -->,,,-,, , .~... · -,:
Alderman Norm Puttick expressed concerns of senior citizens regarding the
revamping of social structure programs and expressed concerns regarding the provision
of $30 million in aid by Canada to Haiti, specifically where the funds were being a~ocated.
ORDERED on the motion of Alderman Puttic& seconded by Alderman Orr, that further
information be provided respecting the provision of $30 million in aid to Haiti by Canada
and where the funds are being allocated. The motion Carried with Alderman Craitor
abstaining from the vote on a conflict of interest.
Certificate of Appreciation
Alderman Kim Craitor presented a Certificate of Appreciation to Council,
acknowledging the City's contribution to the First Niagara Scout Hut Roof Project.
Finclen~rinting and Photo Identification of Children
His Worship Mayor Thomson referred to correspondence received from the
Independent Order of Foresters requesting Council's support of a Free Fingerprinting and
Photo Identification of children program to be held on October 23, 1994 at the Peace
Bridge. It was noted that a similar program should be held in Niagara Falls.
ORDERED on the motion of Alderman Orr, seconded by AIderman Susin, that the request
be supported. Carried Unanimously,
Ontario Buildinq Officials Conference
His Worship Mayor Thomson requested that a letter of acknowledgement be
forwarded to Mel Brown, Building Department, for his involvement in hosting the recent
Ontario Building Officials Conference.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Janvary, that
a letter of acknowledgment be forwarded to Mel Brown, Building Department for hosting
the recent Ontario Building Officers Conference. Carried Unanimously.
Conaratulations to Mayor Thomson
Alderman Pat Cummings congratulated Mayor Thomson on his acclamation as Mayor.
His Worship Mayor Thomson wished the members of Council all the best in the their
upcoming election campaigns.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
TWENTY EIGHTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
October 24, 1994
Council met on Monday, October 24, 1994 at 6:45 p.m. in Committee of the Whole.
All members of Council, with the exception of His Worship Mayor Thomson, who was on
vacation, were present. Alderman Gary Hendershot presided as Chairman.
Following consideration of the items presented, the Committee of the Whole rose to
report in open session.
READ AND ADOPTED,
REGULAR MEETING
Council Chambers
October 24, 1994
Council. met on Monday, October 24, 1994 at 7:30 p.m. for the purpose of considering
Regular Council Business. The City Clerk called the meeting to order and requested a resolution
appointing Aldermen Patrick Cummings and Gary Hendershot as Acting Mayor, during the
absence of His Worship Mayor Thomson.
RESOLUTION NO. 68 - CRAITOR - GERMANO - RESOLVED that Alderman Patrick
Cummings be appointed Acting Mayor for the period of October 22, 1994 to October 26, 1994
inclusive; and Alderman Gary Hendershot be appointed Acting Mayor for the period October
27, 1994 to November 1, 1994 inclusive; during the absence of His Worship Mayor Wayne
Thomson.
Carried Unanimously
All members of Council, with the exception of His Worship Mayor Thomson, who was
on vacation, were present. Acting Mayor Patrick Cummings presided as Chairman. Alderman
Hendershot offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Aldermen Hendershot and Janvary indicated pecuniary interests on the matter regarding
Toon Town Burgers, because the Niagara South Board of Education, who is their employer, is
involved.
Aldermen Sherar and Cummings indicated pecuniary interests on Report F-94-39, Cheque
No. 206067 because the recipient is Acres.
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ADOPTION OF MINUTES
ORDERED on the motion of Alderman Craitor, seconded by Alderman Sherar, that the Minutes
of the Planning and Regular Council Meeting of October 17, 1994 be adopted as printed.
Carried Unanimously.
DEPUTATIONS
Margaret Harrington, M.P.P. Niagara Falls indicated that jobsOntario was a major
part of the of the government's plan to put Ontario back to work and reviewed the program
initiatives of jobsOntarin Capital that invests in capital projects such as building the Ministry
of Culture, Tourism and Recreation offices on Queen Sweet; jobsOntarioHomes that assists the
hard hit constructinn industry and provides affordable housing; jobsOntario Community Action
that helps communities put their own job creation plans into action and jobsOntario Training
that provides jobs and training for those who are unemployed or whose Unemployment Insurance
had run out. Mrs. Harrington advised that Information Sessions would be held in the Lalvlarsh
Room at the Victoria Avenue Library.
Mrs. Harrington imroduced Bea Clark, Director of Niagara College, and Marla
Canham, Employee Liaison Officer.
Ben Clark discussed the development of a good training plan with an employer; the
access to training made available to employers and assisting employers in finding the right
person for a particular job.
Maria Canham advised that 900 positions had been created by the program with 134 full-
time positions established in Niagara Falls; provided information on the type and range of
positions created through the program; and informed that a number of Niagara Falls employers
in the manufacturing sector use the program to offset their cost of in-honse and 3rd party
training.
Acting Mayor Cummings thanked all the participants for the presentation.
Acting Mayor Patrick Cummings requested that Margaret Harrington send
congratulations, to Shirley Coppen on her recent appointment to the Cabinet, on behalf of
members of Council.
Mr. Sherman Zavitz thanked Council for his appointment as the Official Historian of
Niagara Falls and advised that he would carry out his duties with great pride and to the best of
his ability. Mr. Zavitz referred to the City's unique history of a world-famous natural spectacle
of Niagara Falls and indicated that he would try to encourage more of the residents to take more
of an interest in the rich heritage of Niagara Falls and in preserving this heritage for present and
future generations.
Acting Mayor Cummings congratulated Mr. Zavitz on his appointment and thanked him
for his attendance.
*****
Mr. Anthony Prlraerano referred to his correspondence and expressed concerns
regarding his application for a business licence and subsequent fine and charges.
The City Solicitor advised that the date of the offence had been April 19, 1992 and the
Summons was sworn on June 17, 1992 and that Mr. Primerano was charged and convicted of
operating a business without a business licence.
.n
Following some discussion, it was ORDERED on the motion of Aideman Hendershot,
seconded by Alderman Germano, that the matter be referred to staff for a report back regarding
the clarification of events and that Mr. Primerano be provided with a copy of the report. The
motion Carried. with Alderman Cowan and Susin voting contrary to the motion and with all
others voting in favour.
Alderman Norm Puttick introduced Shirley Carr and Eve McTaggert, Co-Chairs,
"Yes Casino" Committee.
Shirley Carr informed that a casino would be an opportunity to provide jobs in Niagara
Falls and the Region; advised that a casino would create over 12,000 jobs and the complex
would employ approximately 2,500 workers; the constmction of a casino would create 2,000
direct on site jobs and 1,600 indirect jobs. Mrs. Cart advised that the casino project could
deliver career opportunities that respond to the needs and skills of the people of Niagara Falls;
and indicated that the prospect of permanent full-time jobs directly related to a casino operation
would have a significant impact on the long-term recovery of the City.
Eve McTaggert advised that a casino was a year-round operation and would become a
year-round destination with nearly 5 million new tourists to the area; she indicated that an
additional $240 million would be spent in the community which would benefit restaurants,
hotels, car rental agencies, theatres and the general population of Niagara Falls; and presented
a video of the Windsor experience - It's not just a Casino, it's an Opportunity" to members of
Council.
Alderman Ed Sherar referred to a casino survey prepared for the Ontario Restaurant
Association, dated August, 1994 by the University of Windsor, Business Resource Centre;
reviewed the questions which had been formulated to serve as the objective of the study and
provided a brief summary of the results of the survey. Aideman Sherat advised that crime,
prostitution and drugs would prevail if a casino was permitted in Niagara Falls.
Shirley Carr provided some clarification regarding the University of Windsor casino
report; and advised that the priority was jobs and to lower the welfare roles in the community.
Alderman Fermino Susin expressed Concerns regarding a casino in the community; stated
that a society would not prosper through gambling, that meaningful jobs should be provided
through the manufacturing sector not through gambling.
Acting Mayor Patrick Cummings thanked the "Yes" Casino Committee for their
participation and extended an invitation to the "No" Casino Committee to attend at a future
Council meeting.
UNFINISHED BUSINESS
Mr. William Slovak, Solicitor, was in attendance on behalf of Mr. Rick Prest, Toon-
Town Burgors. Mr. Slovak provided information with respect to other liceneed establishments
that were within the vicinity of other high schools; stated that Toon-Town Burgors was a family
style restaurant catering to the travelling public and situated within a high density motel area.
Mr. Slovak advised that the matter was pending before a tribunal of the Liquor Licenee
Board of Ontario and requested that Council remain neutral in their position on the matter.
- AND -
Communication No. 343 - Niagara South Board of Education. The communication advises
as being in support, for the efforts being made by the administrative staff of Westlane Secondary
School to oppose the liquor !icenee of Toon Town Burgors,
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- AND -
Communication No. 344 - Williron Slovak, S!ovak, Stockton, Solicitors. The communication
advises as having no objection to appear before City Council, but expresses concern regarding
further adverse publicity which could prejudice his clicnt's right to a fair hearing before the
Liquor Licenee Board.
ORDERED on the motion of Alderman Orr, seconded by Alderman Susin, that Mr. Slovak be
thanked for his presentation and that the correspondence be received and filed for the
information of Council. The motion Carried with Aldermen Hendershot and Janvary abstaining
from the vote on conflicts of interest previously noted; Alderman Sherar voting contrary to the
motion and with all others voting in layout.
COMMUNICATIONS
Communication No. 345 - Ontario Tender Fruit Producers' Marketing Board - Re: Niagara
Tender Fruit Industry. The communication advises that the Niagara Peninsula Fruit and
Vegetable Growers' Association, the North Niagara Federation of Agriculture and the Niagara
Directors of the Ontario Tender Fruit Producers' Marketing Board indicate that the necessary
compromises be made Regionally and Provincially to ensure the full implementation of the
Niagara Tender Fruit Lands Program.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Germano, that the
correspondence be received and flied for the information of Council. Carried Unanimously.
Communication No. 346 - Transport 2000 Canada - Re: "Train Alert". The communication
advises that the Transport 2000 program offers to specifically help community understanding of
the nature and implications of the developing threat to rail passenger service and invites
participation in the program.
ORDERED on the motion of Alderman Ward, seconded by Alderman Fisher, that the
municipality forward the requested $40.00 to join the program. Carried Unanimously.
Communication No. 347 - Winter Festival of Lights - Re: Fireworks. The communication
requests that permission be granted to hold fireworks on hydro property at the gorge level,
during the 12th Annual Winter Festival of Lights, commencing November 19, 1994 until January
14, 1995.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Shetar, that the
request be approved subject to established policy. Carried Unanimously,
Communication No. 348 - The Canadian Red Cross Society, Niagara Falls Branch - Re:
Blood Donor Appreciation Week. The communication advises that October 16, 1994 to October
22, 1994 is Blood Donor Appreciation Week,
ORDERED on the motion of Alderman Craitor, seconded by Alderman Germano, that the
communication be received and filed for the Information of Council. Carried Unanimously.
REPORTS
MW-94.211 - Chief Administrative Officer - Re: Contract 94-10, 1994 Tree Planting
Program, The report recommends that the unit prices submitted by Outdoor Management be
accepted and this contract be awarded to this Firm.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the report be
received and adopted. Carried Unanimously.
PD-94-159 - Chief Administrative Officer - Re: Municipal Implications, Residents' Rights
Act; Bill 120 (Apartments in Houses Legislation). The report recommends the following:
1. That Council direct staff to proceed with zoning by-law changes to implement Bill 120 and
the Planning Act Regulations;
2. That Council direct staff to modify the deferred Official Plan policy dealing with accessory
apa,U~xents;
3. That Council consider "garden suite" development on a case-by-case basis through the
rezoning process, subject to pending Provincial Guidelines.
ORDERED on the motion of Alderman Orr, seconded by Alderman Fisher, that the report be
received and adopted. Carried Unanimously.
PD-94.160 - Chief Administrative Officer - Re: Site Han Approval Proposed Coffee Shop,
6055 Lundy's Lane. The report recommends that Council approve the subject site plan for the
proposed coffee shop pursuant to Section 41 of the Planning Act.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Craitor, that the report
be received and adopted. Carried Unanimously.
PD-94-161 - Chief Administrative Officer - Re: Addition to Stanley Motor Inn, 6220 Stanley
Avenue. The report recommends that Council approve the above subject site plan for the
proposed motel addition pursuant to Section 41 of the Planning Act.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Germano, that the report
be received and adopted. Carried Unanimously.
F-94-39 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends
that the accounts totalling $630,754.28 for the period ending October 24, 1994, be approved by
the passing of the by-law appearing later on the agenda.
ORDERED on. the motion of Alderman Ward, seconded by Alderman Craitor, that the report
be received and adopted. The motion Carried with Aldermen Cummings and Sherar abstaining
from the vote on a conflict of interest previously recorded and with all others voting in layout.
See By-law No. 94-268
F-94-40 - Chief Administrative Officer - Re: Photocopiers. The report recommends that staff
be authorized to enter into an agreement with Beattie Stationery Limited for the provision of
photocopier services for a four-year period.
ORDERED on the motion of Alderman Susin, seconded by Alderman Craitor, that the report
be received and adopted. Carried Unanimously,
b94-63 - Chief Administrative Officer - Re: Agreement between Niagara Estates Ltd. and
the City of Niagara Falls for Benefit of Fire Department; 4357 Kalar Road. The report
recommends that the City enter into an Agreement with Niagara Estates Ltd. to use certain land
and buildings for the benefit of the Niagara Falls Fire Department.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the
repotl be received and adopted. Carried Unanimously.
L-94-64 - Chief Administrative Officer - Re: Establishment of Certain Land as a Public
Highway Nlcho!'s Lane. That Part I on Reference Plan 59R-8690, conveyed to the City for
road purposes, be established as a Public Highway,
ORDERED on the motion of Alderman Susin, seconded by Alderman Sherar, that the report be
received and adopted. Carried Unanimously,
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RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the actions
taken on the following matters by the Committee of the Whole, earlier this evening, be
approved.
Alderman err requested that the vote on the matter be taken in two parts.
Report HR-94-14 - Internal Equity. C.U.P.E.
1) ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, to approve
the internal equity implemenfation schedule and cost. Carried Unanimously.
2)
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, to approve
the issue of "Grandparenting". The motion Carried with Alderman Hendershot abstaining
from the vote on a conflict of interest; Aldermen err and Susin voting contrary to the
motion and with all others voting in favour.
Finance Matter
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that the tax
arrangement with White Rose Motel be approved. The motion Carried with Alderman Ward
voting contrary to the motion and Acting Mayor Cummings indicating his opposition in
Committee, and with all others voting in fayour.
RESOLUTIONS
NO. 68 - CRAITOR - GERMANe - RESOLVED that Alderman Patrick Cummings be
appointed Acting Mayor for the period of October 22, 1994 to October 26, 1994 inclusive; and
Alderman Gary Hendershot be appointed Acting Mayor for the period October 27, 1994 to
November 1, 1994 inclusive; during the absence of His Worship Mayor Wayne Thomson.
And the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 69 - CRAITOR - GERMANe - WHEREAS the Council of the Corporation of the City
of Niagara Falls is on record as requiring the licensing of adult entertainment padours, their
owners and attendants; AND WHEREAS the Regional Municipality of Niagara Police Services
Board has proposed to investigate the concept of common licensing requirements throughout the
Region; AND WHEREAS the Police Services Board' proposes to undertake the licensing and
enforcement of such by-laws, on contract basis for the Munjcipality on a for fee basis; AND
WHEREAS a commonly enforced by-law would appear to be more cost effective and efficient;
AND WHEREAS there appears to be a degree of support for this concept from municipalities
in Niagara which have adult entertainment parlours; NOW THEREFORE BE IT RESOLVED
that the Council of the Corporation of the City of Niagara Falls endorses the concept ot a
Regionally enforced common by-law, in principle, and urges the Police Services Board to
conduct their investigation and report back to the area municipalities.
AND the S~al of the Corporation be hereto affixed.
Carried Unanimously
ORDERED,on the motion of Alderman Hendershot, seconded by Alderman Fisher, that leave
be granted to introduce the following by-laws, and the by-laws be read a first time:
94-259
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.(Schedule B-24)
94.260
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 sitall be
permitted. (Schedule B-25)
94-261
A by-law to authorize the execution of an agreement with Steve ttalbert operating
as Outdoor Management respecting the 1994 Tree Planting Programme.
94-262
A byqaw to require owners and operators of public parking facilities to provide
designated parking spaces reserved for the sole use of vehicles operated by or
carrying disabled persons.
94-263
A by-law to amend By-law No. 79-200, as amended. (AM-20/94, Grossi Court
Subdivision)
94-264
A by-law to amend By-law No. 79-200, as amended (AM-26/94, Stanfford
Presbyterian Church)
94-265
A by-law to amend By-law No. 85-238, respecting the classes of developnlent
that may be undertaken in site plan control areas.
94-266
A by-law to establish certain land as a public highway to ibrm part of Nichol's
Lane.
94-267
A by-law to authorize the execution of an agreement with Niagara Estates Ltd.
for the purpose of permitting the Niagara Fails Fire Department to carry out
training activities on certain lands owned by Niagara Estates Ltd.
94-268
A by-law to authorize monies for General Purposes (October 24, 1994).
The motion Carded with Aldermen Cummings and Sherar abstaining from the vote on By-law
94-268 on conflicts of interest previously noted and with all others voting in fayour.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
following by-laws be now read a second and third time:
94-259
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.(Schedule B-24)
94-260
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..
(Schedule B-25)
94-261
A by-law to authorize the execution of an agreement with Steve Halbert operating as
Outdoor Management respecting the 1994 Tree Planting Programme.
94-262
A by-law to require owners and operators of public parking facilities to provide
designated parking spaces reserved for the sole use of vehicles operated by or
carrying disabled persons.
94-263 A by-law to amend By-law No. 79-200, as amended. (AM-20/94, Grossi Court
Subdivision)
94-264 A by-law to amend By-law No. 79-200, as amended (AM-26/94, S,tamford
Presbyterian Church)
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94-265 A byqaw to amend By-law No. 85-238, respecting the classes of development that
may be undertaken in site plan control areas.
94-266 A by-law to establish certain land as a public highway to form part of Nichol's Lane.
94-267
A by-law to authorize the execution of an agreement with Niagara Estates Ltd. for the
purpose of permitting the Niagara Fails Fire Department to carry out training
activities on certain lands owned by Niagara Estates Ltd.
94-268 A by-law to authorize monies for General Purposes (October 24, 1994).
The motion Carried with Aldermen Cummings and Sherar abstaining from the vote on By-law
No. 94-268 on conflicts of interest previously noted and with all others voting in fayour.
NEW BUSINESS
Water Supply Upgrade
Alderman Fermino Susin referred to correspondence received from the Regional
Municipality of Niagara regarding the upgrading of the water supply to Stevensville/Douglastown
area of Town of Fort Erie and requested a report from Municipal Works Department on the
matter.
Planting of Trees
Alderman Shirley Fisher advised that the IGA store in Chippawa will be involved in the
planting of 100 trees on Saturday, October 29, 1994 and inviW, d everyone to attend in the tree
planting.
White Ribbons Against Pornography
Alderman Gary Hendershot referred to the wearing of white ribbons by members of Council
and indicated that the week of October 23 - 30, 1994 was designated White Ribbons Against
Pornography Week and being aware of the violence igainst women.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the meeting
adjourn. Carried Unanimously.
READ AND ADOPTED,
ACTING MAYOR
TWENTY NINTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
October 31, 1994
Council met on Monday, October 31, 1994 at 7:00 p.m. in Committee of the Whole.
All members of Council were present. Aldennan Pat Cununings presided as Chairtnan.
Following consideration of the items presented, the Committee of the Whole rose to
report in open session.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
REGULAR MEETING
Council Chambers
October 31, 1994
Council met on Monday, October 31, 1994 at 7:30 p.m. for the purpose of considering
Regular Council Business. All members of Council, were present. His Worship Mayor Wayne
Thomson presided as Chairman. Alderman Patrick Cummings offered the Opeuing Prayer.
Prior to dealing with further Council matters, His Worship Mayor Thomson advised of
the new speaker system in Council Chambers.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Cummings indicated a pecuniary interest on Report F-94-42, Cheque NQ.
206375, because the recipient is his wife's employer.
Alderman Cowan indicated a pecuniary interest on Report F-94--42, Cheque No. 206366,
because the recipient is his employer.
Alderman Craitor indicated a pecuniary interest on Report F-94-42, Cheque No. 206344,
because he sits on the Board as a volunteer member.
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ADOPTION OF MINUTES
Alderman Orr requested that the Minutes of October 24, 1994 be amended to indicate
that the second motion on Report HR-94-14, Internal Equity, was to approve the 'issue of
grandpareining only.
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ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
Minutes of the Regular Council Meeting of October 24, 1994 be adopted as amended. Carried
Unanimously.
DEPUTATIONS
Drug Awareness Week Committee
Mr. Bill Craine, Niagara Drag Awareness Week Committee provided an update on the
planned events and activities during the week of November 13-19, 1994 being Drag Awareness
Week and introduced their mascot, Willy the Hug Bear to Council. Mr. Craine thanked
members of Council for their support.
Niagara Brass Ensemble
Mr. James Tinsley provided a brief history of the group and a summary of their activities
in the Niagara Region. The Niagara Brass Ensemble performed several short music selections
and requested that the group be considered as the cultural ambassadors for the City of Niagara
Falls.
His Worship Mayor Thomson thanked the members of the ensemble for their presentation
and invited them to participate in the Council Inaugural on December 5, 1994.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the
Council of the Corporation of the City of Niagara Falls endorse the Niagara Brass Ensemble as
the cultural ambassadors for the City of Niagara Falls. Carried Unanimously.
See Resolution No. 72
COMMUNICATIONS
Communication No. 349 - Ontario March of Dimes - Re: Proclamation. The communication
requests Council proclaim the month of January, 1995 as "Ontario March of Dimes month".
ORDERED on the motion of Alderman Cummings,' seconded by Alderman Cowan, that the
request be approved subject to established policy. Carried Unanimously.
Communication No. 350 - City of Welland, City Clerk - Re: Resolution. The communication
asks that Council support a resolution requesting the Minister of the Environment and Energy,
to undertake an immediate review of legislation, regulations, policies and guidelines, with a view
of eliminating conditions, which restrict the ability of Ontario municipalities to cost effectively
deal with waste management issues, specifically, under utilization of the capacity at existing
landfill disposal sites,
ORDERED on the motion of Alderman Susin, seconded by Alderman Craitor, that the
undertaking be supported. Carried Unanimously.
Communication No. 351 - Canadian Diabetes Association - Re: Proclamation. The
communication requests Council proclaim the month of November as "Diabetes Month",
ORDERED on the motion of Alderman Cummings, secondedby Alderman Orr, that the request
be supported subject to established policy. Carried Unanimously.
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Communication No. 352 - Trentway-Wager Inc. - Re: Inter-City bus service. The
communication requests Council support an application through resolution, for a licenee to
establish a competitive inter-city bus service between Thorold, St. Catharines, Grimshy and
Toronto.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the matter
be referred to the Transit Commission for coam~ent. Carried Unanimously.
REPORTS
MVV-94-213 - Chief Administrative Officer - Re: 4865-4875 Victoria Avenue. The report
recommends the following:
1. That the bid submitted by the low tenderer, Triple M Demolition los' the demolition and
associated work of 48654875 Victoria Avenue be accepted;
2. That staff be authorized to prepare the necessary Contract Documents and Agreement for
the demolition of the subject property with Triple M Demolition.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the report
be received and adopted. Carried Unanimously.
MW-94-218 - Chairperson, Municipal Parking and Traffic Committee - Re: Municipal
Parking & Traffic Committee Recommendations; October 18, 1994 Meeting. The report
recommends the following:
1. MW'-94-195 - Sinnicks Ave. at Coholan St. - All Way Stop Request - that 1) an all-way
stop control be installed at the intersection of Sinnicks Ave. at Coholan St.; and 2) that the
owner of 5956 Coholan Street be requested to cut the hedge situated on City property be
trimmed down m a 2-foot height;
2, MW-94-206 Watson St. at Green Ave. All-Way Stop Request - that 1) an all-way stop
control be installed at the intersection of Watson St. and Green Ave., 2) that a review
of the road operations and collision pattern be reinvestigated following a one-year period slier
the all way stop signs have been erected; 3) that consideration be given to the inclusion of the
construction of a sidewalk on Watson St. in the 1995 budget;
3. MW-94-207 Barker St. - Request for Parking Revisions - that 1) the existing no parking
area on the south side of Barker St. from the east limit of Battlefield School to Main Street be
revised to reflect a no stopping area, 8:00 a.m.-4-30 p.m., Monday through Friday; 3) that the
existing no parking area on the north side of Barker St. from the east limit of Battlefield School
to Main St. be revised to permit 15 minute parking, between the hours of 8:00 a.m.-4:30 p.m,
Monday through Friday; 3) that staff meet with Battlefield Public school to determine alternative
solutions to the parking problems;
4. IvlW-94-208 - Stamford St. at Salter Ave. - All-Way Stop Request - that an all-way stop
control be installed at the intersection of Stamford St. and Sister Ave,
5. St. Clair Avenue - Parking Revisions - that 1) a parking meter be installed in front of 4774
St. Clalr Avenue; 2) that a "No Parking" restriction be installed from the driveway of 4774 St.
Clair Avenue to Morrison Street.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the report
be received and adopted. Carried Unanimously.
See By-Jaw No. 94-271
Se,~ By-law No. 94-272
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PD-94-157 - Chief Administrative Officer - Re: Centennial Square Redevelopment; Design
Consultant Fees. The report recommends that the Joint Venture Architectural Firm be retained
by the City of Niagara Falls to assist in the redesign of Centennial Square in accordance with
Phase I of the attached Terms of Reference.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. The motion Carried with Alderman err abstaining from the
vote on a conflict of interest because of the close proximity of her residence and with all others
voting in fayour.
PD-94-163 - Chief Administrative Officer - Re: Site Plan Approval Proposed Addition to
Canadian Tire Store; 6840 McLeod Road. The report recommends that Council approve the
above subject site plan for a proposed addition to the Canadian Tire Store at 6840 MeLted Road
pursuant to Section 41 of the Planning Act.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that the report
be received and adopted. Carried Unanimously.
F-94-41 - Chief Administrative Officer - Re: Debenture Issue. The report recommends that
Council pass the resolution requesting The Regional Municipality of Niagara to issue debentures
in accordance with the terms and amounts as set out in the attached schedule.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 71.
F-94-42 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends
that the accounts totalling $1,687,617.35 for the period ending October 31, 1994, be approved
by the passing of the by-law appearing later on the agenda.
Additional information was provided on Cheque No. M90497.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the repon
be received and adopted. The motion Carried with Aldermen Cowan, Craitor and Cummings
abstaining from the vote on conflicts of interest previously noted and with all others voting in
layout.
See By-law No. 94-273
RATIFICATION OF FINANCE COMMITTEE MATTERS
(Chairman, Pat Cummings) ~
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
actions taken on the following matters by the Finance Co~nmittee, earlier this evening, be
approved.
1. That the Minutes of October 17, 1994 Finance Committee be adopted;
2. Lundy's Lane Historical Society - that Lundy's Lane Historical Socie~y's request for
funding be referred to final budget deliberations;
Occupation Help Centre - that the Occupation Help Centre's request for funding be referred
to final budget deliberations - Alderman Craitor declared a conflict of interest as he serves on
the Board of the Occupation Help Centre;
Information Niagara - that Information Niagara's request for funding be referred to final
budget deliberations;
Niagara Women in Crisis - that Niagara Women in Crisis' request for funding be referred
to final budget deliberations;
Niagara Volunteer Bureau - that the Niagara Volunteer Bureau's request tbr lhnding be
referred to final budget deliberations;
Project Share - that Project Share's request for funding be referred to final budget
deliberations;
Social Planning Council - that the Social Planning Council's request tbr funding be ret~erfed
to final budget deliberations;
Y.W.C.A. - that the Y.W.C.A.'s request for funding be relizrred to final budget
deliberations.
The motion Carried with Alderman Craitor abstaining froin the vote on a conflict of interest on
the issue of the Occupation Help Centre previously noted and with all others voting in Iiivour.
RATIFICATION OF COMMITTEE OF THE WHOLE MATT.E. RS
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the
actions taken on the following matters by Committee of the Whole, earlier this evening, be
approved.
1)
That the City convey the unopened road allowance for $2.00 to Niagara Bronze Ltd.,
provided that Niagara Bronze withdraw a claim for clean up costs of $13,000 tbr the
removal of contaminated soil and that the final release be executed by both parties.
2)
That the City Solicitor be directed to review the police report with respect to under age
strippers at Seductions & Mints and to lay charges where appropriate and ti~rther that
pursuant to the Adult Entertainment Parlout By-law No. 93-143, that Seductions and Mints
be served with written notice of Council's intention to revoke Seductions and Mints Adult
Entertainment Parlour licences and to hold a hearing not less than 30 days IYom October
31, 1994 tO permit the owners of Seductions and Mints to come belbre Council dud make
representations at the hearing.
Carried Unanimously.
RESOLUTIONS
NO. 70 ~ - WHEREAS the Government of Canada has atmounced recently that it wishes to
make available to the Haitian Government $30 million in aid and/or assistauce; AND
WHEREAS the Government has also announced recently that it wishes to drastically cuts its
expenses to reduce the level of debt in this country; AND WHEREAS the cuts planned by the
Government will be directed to social programs for Canadians including the elderly and the
disadvantaged; NOW THEREFORE BE IT RESOLVED that the Government of Canada be
requested to rescind its decision to provide aid to Haiti, unless there is assurance that lidntis ate
to provide food and medical aid to the general populace.
AND the Seal of the Corporation be hemto affixed.
Carried Unanimously
NO. 71 - - 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:
AUTHORIZING O.M. B.
BY-LAW NUMBER NUMBER
FINANCING RE~I1REMENT
REQUEST TERM
90-266 E901275 $ 325,000 10 Years
90-318 E901536 100,000 10 Years
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AUTHORIZING
BY-LAW NUMBER
O.M.B. FINANCING REFIREMENT
NUMBER REOUEST TERM
93-158 N/A 250,000 10 Years
92-266 E921030 435,000 10 Years
91-262 E911629 24,000 10 Years
92-226 E911629 400,000 10 Years
$1,534,000
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
NO. 72 - FISHER - }lENDERSHOT - VatEREAS music is recognized to be the universal
language of harmony and goodwill; AND WHEREAS the Niagara Brass Ensemble travels
throughout the Province and Country to perform and by such actions spread the name and
goodwill of the Region of Niagara and the City of Niagra Falls; NOW THEREFORE BE IT
RESOLVED that the Niagara Brass Ensemble is hereby recognized and officially designated as
cultural ambassadors for the City of Niagara Falls.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that leave
be granted to introduce the following by-laws, and the by-laws be read a first time:
94-269
A by-law to amend By-law No. 77-75, being a by-law to prescribe the height and
description of lawful fences.
94-270
A by-law to authorize the execution of an agreement with Aldo Giammattolo and
Corinne Giammattolo, as joint tenants, respecting the installation of a watermain on
Mewbum Road.
94-271
94-272
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads (Parking, Stopping),
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads. (Stop Signs, Through Highways)
94-273 A by-law to authorize monies for General Purposes (October 31, 1994).
The motion Carried with Aldermen Cowan, Craitor and Cummings abstaining from the vote on
By-law No. 94-273 on conflicts of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
following by-laws be now read a second and third time:
94-269
A by-law to amend By-law No. 77-75, being a by-law to prescribe the height and
description of lawful fences.
94-270
A by-law to authorize the execution of an agreement with Aldo Giammattolo and
Corinne Cliammattolo, as joint tenants, rasl~cting the. installation of a watermain on
Mowburn Road.
...7
94-271
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads (Parking, Stopping)
94-272 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads. (Stop Signs, Through Highways)
94-273 A by-law to authorize monies for General Purposes (October 31, 1994).
The motion Carried with Aldermen Cowan, Craitor and Cummings abstaining from the vote on
By-law No. 94-273 on conflicts of interest previously noted and with all others voting in fayour.
NEW BUSINESS
YWCA Fundraising Dance
Alderman Shirley Fisher advised that the YWCA will be holding a dance to raise
funds on December 10, 1994 at the Canadian Polish Cultural Centre featuring the Brotherline
Band and invited everyone to attend.
Casino I~ue
Alderman Ed Sherar referred to correspondence from the Visitor & Convention
Bureau dated October 21, 1994 regarding the issue of a casino. Alderman Sherat expressed
concern with respect to the content of the letter to the tourist employers.
Hnnting By-law
Alderman Fermino Susin referred to a recent article in the Niagara Falls Review
regarding the killing of a dog by a coyote and requested further information with respect to the
hunting by-Iaw.
The City Solicitor advised that the draft hunting by-law only increases the fine and
changes the boundary to Marshall Road.
Ward System
Alderman Norm Puttick expressed concerns regarding the inequities in the present
Boundary and Ward system and suggested that there be four equal Wards, with eight Aldermen
and one Mayor.
His Worship Mayor Thomson advised that various committees will be set up to look
into the matter of wards; flooding problems and sidewalk repairs.
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United Way of Niagara Falls
Alderman Margaret Germane provided information on the 1994 United Way
Campaign of Special Events being held in Niagara Falls including a Spaghetti dinner on
November 6, 1994 at Club Italia; Breakfast at Denny's Restaurant on November 10, 1994; and
an Achievement Luncheon at the Sheraton Fallsview on November 15, 1994 with guest speaker,
William Thomas, author of "Malcolm and Me - Life in the Litterbox".
Mount Carmel Park
Alderman Craitor provided a petition from concerned residents in the neighbourhood
requesting a crosswalk in front of Mourn Carmel Park/Playground; and referred the matter to
the Parking and Traffic Committee.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Germane, that the
petition from residents of Mount Carmel Park be referred to the Parking and Traffic Committee.
Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
meeting adjourn. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
THIRTIETH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
November 7, 1994
Council met on Monday, November 7, 1994 at 7:00 p.m. in Committee of the Whole.
All members of Council were present. Alderman Shirley Fisher presided as Chairman.
Following consideration of the items presented, the Committee of the Whole did not rise
to report in open session.
READ AND ADOPTED,
REGULAR MEETING
Council Chambers
November 7, 1994
Council met on Monday, November 7, 1994 at 7:30 p.m. for the purpose of considering
Regular Council Business. All members of Council, were present. His Worship Mayor Wayne
Thomson presided as Chairman. Alderman Shirley Fisher offered the Opening Prayer.
· ""~' ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
the Minutes of the Regular Council Meeting of October 31, 1994 be adopted. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTERES__T
Alderman Fermino Susin indicated a pecuniary interest on Report MW-94-226, Easement
Agreements and By-law No. 94-278 because he has performed work in the Belleview area; and
indicated a pecuniary interest on Report R~94-63 because he owns cemetery plots.
PRESENTATIONS
His Worship Mayor Thomson presented a token of appreciation on behalf of the Council
of the City of Niagara Falls to Mr. Derek Miller, Maclean Hunter Cable T.V. for the efforts
put forward on his own time and at no cost to the City, towards the installation of the new,sound
system in Council Chambers.
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DEPUTATIONS
Volunteer Fire Station No. 4
Area Chief Marve McKeag, Area Deputy Gord Chase on behalf of Fire Station No.
4 in Chippawa and Ken Prohaszka, Association President and Bruce Wall, Association Vice
President were in attendance and presented a cheque in the amount of $12,500 to the City,
toward the purchase of new boats.
1261h Sauadron NiaGara Falls Air Cadets
Captain Josie Wojcieehowski, Sara Telega and Brandy Long were in attendance and
presented a Certificate of Appreciation to Mayor Thomson and members of Council,
acknowledging the City' s contribution toward the cause of international understanding, goodwill
and fellowship among young people through a recent hosting of an International Air Cadet
Exchange.
Concerned Citizens Committee
Mr. Robert Brooker, addressed Council on behalf of the Concerned Citizens
Committee respecting the holding of a casino referendum on the municipal ballot; provided
examples of various municipalities who expressed opposition to casino gambling; referred to the
Ernst & Young report which indicated the need to monitor the potential impacts of a casino on
the community; referred to the negative impact on social values of the community; and advised
that a "No" vote would keep Niagara Falls safe and friendly.
Unemployed Workers
Mr. Wayne Hardwick, Vice President of the Niagara Falls District Labour Council
provided information on wage rates, job classifications and job creation as a direct result of the
Windsor casino; referred to the number of households on welfare and the number of jobs that
have been lost in the Niagara Region. Mr. Hardwick gdvised of the need for an employment
boost to' the community and stated that a casino would create jobs and open the door to
opportunity.
Windsor Casino
Mr. Dante Marineill reviewed the Ernst & Young report regarding the assessment
of Casino Windsor; and provided highlights of the Casino Statement to the Legislature by
the Honourable Frances Lankin, Minister of Economic Development and Trade; referred
to concerns expressed regarding an increase in the crime rate and advised the Police Services
Board stated that such problems have not materialized; and indicated that economic development
and job creation had been achieved without the negatives and w!th the influx of 1,400 people a
day, crime has not increased.
Alderman Ed Sherar referred to correspondence received from Mr. Marshall W.
Phinney, Salvation Army and his comments on the Windsor casino video; and provided
information with respect to correspondence from Mr. Tom Gray and Mr. Ivan Savilka,
Gambling Economics, a joint publication with the National Coalition Against Legalized
Gambling.
Mr. MarineIll advised that the casino issue should not be dealt with on the basis of what
has occurred in the United States, but should be debated on the facts.
His Worship Mayor Thomson thanked everyone for their participation on the issue.
Prior to dealing with further matters on the Agenda, it was ORDERED on the ~notion
of Alderman Hendershot, seconded by Alderman Craitor, that the Council meeting of November
28, 1994 be cancelled, and that a Special Meeting of Council be held on December 7, 1994.
Carried Unanimously.
COMMUNICATIONS
Communication No. 353 - Niagara Regional Police Force - Re: I'roclamation. The
communication requests Council proclaim the week of November 6-12, 1994 as "Criine
Prevention" Week.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the
request be approved subject to established policy. Carried Unanimously.
REPORTS
M3N-94-226 - Chief Administrative Officer - Re: Easement Agreements between the City
and Ontario Hydro for Mount Carmel II Subdivision, Mount Carmel North Subdivision
and Country Rose Subdivision. The report recommends that the by-laws authorizing the
agreements for the above subdivisions and the release of a City easement be approved.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Craitor, that the
report be received and adopted. The motion Carried with Alderman Susin abstaining from the
vote on a conflict of interest previously noted and with all others voting in fayour.
See By-law No. 94-278
RATIFICATION OF MUNICIPAL WORKS COMMITTEE MATTERS
(Chairman, Alderman Gary Hendershot)
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
actions taken on the following matters by the Municipal Works Committee, earlier this evening,
be approved.
Adoption of the Minutes of the October 17, 1994 Municipal Works Committee meeting;
Report MW-94-220 - Casey Subdivision Flooding Relief Works - that $100,000 towards
the installation of sump pumps in the Casey Subdivision Area be included in the 1995
Budget for consideration during Budget deliberations;
Relief from Tipping Fees - that a refund of $90 for Tipping Fees paid be granted to Mrs.
Willick at 3450 Weaver Road - Opposed: Alderman Ward;
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MW-94-212 - Purchase of a New Bucket Truck - that the tender for one latest model
truck-mounted double bucket insulated aerial device for treee trimming maintenance by
Allan Fyfe Equipment in the total amount of $150,349.30 be accepted;
MW-94-214 - Tender for Snow Plowing of Parking Lots - that 1) Dominion Paving
Company be awarded the contract for the supply of services for snowplowing of parking
lots designated in Area 1; 2) that William Starostic Ltd. be awarded the contract for the
supply of services for snowplowing of parking lots designated in Area 2; and 3) that the
By-law appearing on tonight's Council Agenda be given the necessary readings to
authorize the execution of the tender for the supply of services for snowplowing of
parking lots in Area 1 and Area 2;
MW-94-215 - Catchbasin Restrictors in the Forsythe, Desson, Buchanan Avenue Area -
that Report MW-94-215 be received and filed for information - Opposed: Alderman
Craitor; Alderman Margaret Germano;
MW-94-217 - Design for Park, Cataract & Zimmerman Reconstruction Project - that the
Firm of C .C . Parker Consultants Limited be retained for the design of the Park, Cataract
and Zimmerman Reconstruction Project at a cost not to exceed $100,000 and that the By-
law appearing on tonight's Council Agenda be approved;
MW-94-219 - Extension of Apartment Waste Collection Contract - that Contract 91-19
with Laidlaw Waste Systems Ltd. be extended from December 31, 1994 to August 31,
1995;
MW-94-216 - Rural Area Curbside Recycling Program - that staff be authorized to
implement a Rural Area Curbside Recycling Program commencing the week of April 3,
1995;
10.
MW-94-227 - Multi-Unit Residential Recyclables Collection Program - that staff be
authorized to expand the Multi-Unit Recyclables Collection Program to cover all
residential locations commencing the week of April 3, 1995; and staff also be directed
to monitor the collection process and, if necessary, advise Council of any additional
resources or changes to the current Business Sector Recyclables Collection Service
necessary to carry out the Multi-Unit Residential Recyclables Collection Services
efficiently;
11.
MW-94-229 - Purchase of Total Station Survey Equipment - that Total Station Survey
Equipment be replaced with the purchase of a G~edimeter System 610 in the amount of
$20,694.25;
12.
MW-94-230 - Replacement of Curb & Gutter on the East Side of Victoria Avenue
Adjacent to Tivoli World - that the curb and gutter on the east side of Victoria Avenue
adjacent to Tivoli World be replaced - Aldermen Sherat, Orr and Susin voting contrary
to the motion;
13. Correspondence from the Regional Municipality enti~ed: "Railway Crossing, Regional
Road ~8, Montrose Road City of Niagara Falls" - that the correspondence be received
and filed for information and that it be copied to Mr. Grimo, Niagara Block, for
information;
The motion Carried with Alderman Ward voting contrary to the motion regarding Relief from
Tipping Fees at 3450 Weaver Road; Aldermen Cmitor and C-ermano voting contrary to the
motion on Report IVlW-94-215; Aldermen Orr, Sherar and Susin voting contrap/to the motion
on Report MW-94-230 and with nil others voting in fayour.
See By-law No. 94-274
See By-law No. 94-275
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R-94-63 - Chief Administrative Officer - Re: Cemetery Plots, Buy-Back Policy. Tbe report
recommends that the City adopt a policy of buying back cemetery plots for the original purchase
price, or one-half of the current selling price, whichever is greater.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that the
report be received and adopted. The motion Carried with Alderman Susin abstainlog from the
vote on a conflict of interest previously noted and with all others voting in fayour.
R-94-64 - Chair, Environmental Planning and Greening Committee - Re: Action from the
Environmental Planning and Greening Committee Meeting of October 19, 1994. The report
recommends that Council endorse the action from the Environmental Pla~ming and Grccning
Committee Meeting of October 19, 1994.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cramnines, that the
report be received and adopted. Carried Unanimously.
F-94-43 - Chief Administrative Officer - Re: Municipal Accounts. The report recommends
that the accounts totalling $725,659.49 for the period ending November 7, 1994, be approved
by the passing of the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman cummings, that the
report be received and adopted. Carried Unanimously.
See By-law No. 94-279
RATIFICATION OF FINANCE COMMITTEE MATTERS
(Chairman, Alderman Patrick Cummings)
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
actions taken o,n the following matters by the Finance Committee, earlier this evening, be
approved.
I. That the Minutes of October 31, 1994 Finance Committee meeting be adopted;
That Mr. Heibert's request for mobility of Jake's Chips be granted and the matter of
liability be referred tot he City's Legal Department for a formal agreement - Alderman Orr
opposed;
3. Review of Recreation Commission Budget - that the Recreation Commission Budtget be
referred to final budget deliberation;
Review of Arts & Culture Commission Budget - that the Arts & Culture Commission
Budget be referred to final budget deliberations.
The motion Carried with Alderman Orr voting contrary to the motion regarding the matter of
Jake's Chips and with all others voting in favour.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
94-274
A by-law to authorize the execution of a Consultant's Agreement with C.C.
Parker Limited respecting the design for the reconstruction of Park ,Street,
Cataract Avenue and Zimmerman Avenue.
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94-275
A by-law to authorize the execution of agreements with LaRosa & Carrie
Enterprises Ltd., carrying on business as Dominion Paving Company and William
Starostic for snowplowing.
94-276
A by-law to authorize the execution of an agreement with L. MacNamara,
carrying on business as Triple-M-Demolition for demolition of a building at 4871
Victoria Avenue.
94-277
A by-law to authorize the execution of an agreement with Totten Simms Hubicki
Associates (1991) Limited to carry out a Downtown Parking & Traffic Study.
94-278 A by-law to authorize a release and abandonment of an easement or licenee.
94-279 A by-law to authorize monies for General Purposes (November 7, 1994).
The motion Carried with Aldennan Susin abstaining from the vote on By-law No. 94-278 on a
conflict previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hendershot, that the
following by-laws be now read a second and third time:
94.274
A by-law to authorize the execution of a Consultant's Agreement with C.C.
Parker Limited respecting the design for the reconstruction of Park Street,
Cataract Avenue and Zimmerman Avenue.
94-275
A by-law to authorize the execution of agreements with LaRosa & Carrie
Enterprises Ltd., carrying on business as Dominion Paving Company and William
Starostic for snowplowing.
94-276
A by-law to authorize the execution of an agreement with L. MacNnmara,
carrying on business as Triple-M-Demolition for demolition of a building at 4871
Victoria Avenue.
94-277
A by-law to authorize the execution of an agreement with Totten Sireins Hubicki
Associates (1991) Limited to carry out a Downtown Parking & Traffic Study.
94-278
A by-law to authorize a release and abandonment of an easement or licenee.
94-279 A by-law to authorize monies for General Purposes (November 7, 1994).
The motion Carded with Alderman Susin abstaining from the vote on By-law No. 94-278 on a
conflict previously noted and with all others voting in favour.
NEW BUSINESS
Letters of Condolence
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings, that a
message of condolence be forwarded to the family of the late Arlen~ Longo, a well-respected
citizen of the community and wife of His Worship Mayor William C. Longo, of the City of
Thorold.
Carried Unanimously.
ORDERED on the motion of Alderman Susin, seconded by A dennan Janvary that a message
of condolence be forwarded to the family of Ted Simonen, Chairman of the Niagara River
PublicAdvisorYCommitteeandpastemployeeoftheRegionalMunicipalityofNiagara. Carried
Unanimously.
His Worship Mayor Thomson referred to correspondence received from Kin~berley
Gunning-Lovelace. Council took no action regarding the matter.
Upcoming Municipal Elections
Alderman Margaret Germano congratulated members of Council and extended best
wishes to everyone who was running in the upcoming municipal elections.
Alderman Norm Puttick provided clarification regarding the issue of the Price Club
decision.
Drug Awareness Pancake Breakfast
Alderman Kim Craitor advised that a Drug Awareness Pancake Breakfast would be held
on Sunday, November 13, 1994 at the Optimist Club.
Remembrance Day Services
Alderman Ed Sherat indicated that the Remembrance Day Services would be held on
Friday, November 11, 1994 at the Niagara Falls Arena.
Santa Claus Parade
Alderman Gary Hendershot advised that the Santa Claus Parade was being held on
Saturday, November 19, 1994; referred to the tree lighting ceremonies after the parade; thanked
the Niagara District Labour Council for their support in providing candy canes for all the
children and thanked the sponsor Tim Hortons for their support.
His Worship Mayor Thomson congratulated members of Council on their conduct during
the past three years and extended best wishes to all members of Council on the upcoming
municipal elections.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Cummings, that the
meeting be adjourned, Carried Unanimously.
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READ AND ADOPTED,
MAYOR WAYNE THOi~ISON
THIRTY RRST MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
November 21, 1994
Council met on Monday, November 21, 1994 at 6:55 p.m. in Committee of the
Whole. A~ members of Council, with the exception of Mayor Thomson and Alderman
Cummings, who were on vacation; and Alderman Craitor, who was away on business,
were present. Alderman Ed Sherar presided as Chairman.
Following consideration of the items presented, the Committee of the Whole rose
to report in open session.
READ AND ADOPTED,
E. C. WAGG, CITY CLERK
PLANNING MEETING
Council Chambers
November 21, 1994
Council met on Monday, November 21, 1994 at 7:30 p.m. for the purpose of
considering Planning Matters and Regular Business. The City Clerk called the meeting to
order and requested a resolution appointing Alderman Gary Hendershot as Acting Mayor,
during the absence of His Worship Mayor Wayne Thomson.
NO. 75 - JANVARY - SHERAR - Resolved that Alderman Gary Hendershot be appointed
Acting Mayor for the period of November 21, 1994 to November 28, 1994 inclusive; during
the absence of His Worship Mayor Wayne Thomson.
Carried Unanimously.
All members of Council, with the exception of His Worship Mayor Thomson and
Alderman Cummings, who were on vacation, were present. Acting Mayor Gary Hendershot.
presided as Chairman. Alderman Ed Sherar offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTERESTS
Alderman Bruce Cowan indicated a pecuniary interest on Report F-94-44, Cheque
No. 206726 and 206819, because the recipient is his employer.
Alderman Paisley Janvary and Acting Mayor Gary Hendershot indicated pecuniary
interests on Report F-94-44, Cheque No. 206913, because the recipient is their employer.
Alderman Fermino Susin indicated a pecuniary interest on Report L-94-70 and By-
law Nos. 94-280 and 94-281 because he had performed work in the subdivision.
Alderman Kim Craitor indicated a pecuniary interest on Report F-94-44, Cheque No.
206946, because he sits on the Board as a volunteer member.
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PD-94-169 - Chief Administrative Officer - Re: Official Plan & Zoning By-law
Amendment Application AM-24/9f; Southwest corner of Lyon's Creek Road and
Stanley Avenue; Mr. John Lapanna. The report recommends the following:
I. That Council approve the requested Official Plan and Zoning By-law Amendment to
permit a single-detached dwelling to be constructed on the lands;
2. That prior to the passing of the amending by-law, the applicant provide the necessary
road widening and daylighting triangle to the satisfaction of the Regional Public Works
Department and be required to enter into an agreement with the Ministry of Natural
Resources to ensure that any potential negative impacts to the wetland are prevented
or mitigated;
3. That the by-law provide the necessary regulatory provisions to guide the development
as proposed and to ensure that all the lands located below the lO0-year flood elevation
of 564.42 fL geodetic, as weft as a 26 ft. natural vegetative buffer strip beside the creek
are protected by restrictive zoning provisions;
4. That the applicant satisfy a~ other requirements of the Niagara Peninsula Conservation
Authority, the Ministry of Natural Resources, the Regional Health Services Department,
and the Regional Public Works DepartmenL
- AND -
Communication No. 354 - Niagara Peninsula Conservation Authority. The
communication provides comments regarding the proposed dwelling and sewage disposal
system.
- AND -
Communication No. 355- Regional Niagara, Planning and Development Department.
The communication advises support of the application subject to the satisfaction of the
Niagara Peninsula Conservation Authority, the Ministry of Naturel Resources, the Regional
Health Services Department and the Regional Public Works Department.
- AND -
Communication No. 356 - Fire Department.
objections to the proposed application.
The communication advises as having no
- AND -
Communication No. 357 - Regional Public Works Department. The communication
advises as having no objections to the application subject to conditions set out in the
correspondence.
Acting Mayor Gary Hendershot declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations by publication in the Niagara Falls Review and by First Class
ma~ on August 12, 1994.
Acting Mayor Henderehot received indication that Mr. John Lapanna, applicant was
in attendance and received a negative response to his reques~ for a show of hands by
persons present who were interested in the application. He requested that all persons
wishing to receive further notice of the passage of the by-la, w. submit their names and
addresses to the Clerk prior to leaving the meeting,
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The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the following information included in Technical
Report No. PD-94-167; Nature of the Amendment; Planning Review; Official Plan; Nature
of the zoning Amendment; Site Development Issues; Municipal Services; and the Public
Notification Process.
Acting Mayor Hendershot received a negative response to his request for comments
from persons, other than the app~cant or his agent, in support of the application, and
received a negative response from persons opposed to the application.
Since no further comments were forthcoming, Acting Mayor Hendershot declared
the Public Meeting with regard to Application AM-24/91 closed.
ORDERED on the motion of Alderman Ward, seconded by Alderman Germane, that the
report be received and adopted. Carried Unanimously.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
communications be received and filed. Carried Unanimously.
PD-94-f65 - Zoning'By-law Amendment Application AM-30/94, Part of Lots 27, 34, 46;
Southwest corner Mountain Road & Mewburn Road; 663848 Ontario Inc. The report
recommends that Council approve the application to rezone the subject lands consistent
with the zoning of the Mewburn Heights Subdivision.
- AND -
Communication No. 358 - Correspondence from Niagara Peninsula Conservation
Authority. The communication advises as having no objection to the application.
- AND -
Communication No. 359 - Regional Niagara, Planning and Development Department.
The communication advises as having no objections to the application.
Acting Mayor Gary Hendershot declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations by First Class marl on October 21, 1994.
Acting Mayor Hendershot received indication that Mr. Dennis Landry, Upper Canada
Consultants, was in attendance on behalf of the applicant and received a positive response
to his request for a show of hands by persons present who were interested in the
application. He requested that all persons wishing to receive further notice of the passage
of the by-law submit their names and addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the following information included in Technical
Report No. PD-94-f62; Planning Review; Official Plan; Nature of the Zone Change;
Compatibility with the Mewbum Heights Subdivision; and the Public Notification Process.
Acting Mayor Gary Hendershot received a negative response to his request for
comments from persons, other than the applicant or his agent, in support of the application,
and received a negative response from persons opposed to the application.
Mr. Dennis Landry, Upper Canada Consultants advised that the application was
a minor application intended to round off the additional lots through land exchange;
...4
-4-
Since no further comments were forthcoming, Acting Mayer Hendershot declared
the Public Meeting with regard to Application AM-30/94 closed.
ORDERED on the motion of AIderrnan Craitor, seconded by Alderman Germane, that the
report be received and adopted. Ca~ed Unanimously.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
correspondence be received and tiled. Car~ed UnanimousIv.
PD-94-168 - Chief Administrative Officer - Re: AM-31/94, Official Plan & Zoning By-
law Amendment Application; 4407 Montrose Road, Mr. J. Mussari. The report
recommends that Council approve the subject amendment applications conditional upon
the applicant satisfying the requirements of the Municipal Works Department and having
a Site Plan appmved by Council prior to passage of the amending by-law.
- AND -
Communication No. 360 - Niagara Peninsula Conservation
communication advises as having no objection to the application.
Authority. The
- AND -
Communication No. 361 - Regional Pubtic Works Department. The communication
advises as having no objections to the rezoning.
Acting Mayor Gary Hendershot declared the Public Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations by publication in the Niagara Falls Review and First Class
ma~ on October 2f, 1994.
Acting Mayor Hendershot received indication that Mr. Dante MarineIll, Solicitor, was
in attendance on behalf of the applicant; and received a positive response to his request
for a show of hands by persons present who were interested in the application. He
requested that all persons wishing to receive further notice of the passage of the by-law
submit their names and addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the following information included in Technical
Report NO. PD-94-164; Planning Review; Official Plan; Zoning By-law: Treatment of the
Interim Use; Physical Assessment; Site Plan Control; and the Public Notification Process.
Acting Mayor Gary Hendershot received a positive response to his request for
comments from persons, other than the applicant or his agent, in support of the appfication,
and received a negative response from persons opposed to the application.
A resident from the area advised that he was in full support of the application due
to the properly having been vacant for some time.
Mr. Dante MarineIll, referred to ~e conditions of approval regarding the
construction of a sanitary sewer to service the property; and indicated there was an
existing sidewalk situated across the front of the property; referred to the Zoning By-law
and the Official P/an Amendment be moved forward at the same time.
The Director of Planning and Development responded to the issue of offsite
servicing connection is provided in the future.
The Chief Administrative suggested that a provision be placed in the by-law that no
uses be made unless certain services were in place. ...5
-5-
Since no further comments were forthcoming, Acting Mayor Hendershot declared
the Public Meeting with regard to Application AM-31/94 closed.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Puttick, to support
the application with an amendment that adequate servicing be covered in the zoning by-
law. The motion Carried with Alderman Sherar voting contrary to the motion and with a~
others voting in favour.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
correspondence be received and filed. Carried Unanimously.
PD-94-f70 - Chief Administrative Officer - Re: AM-33/94, Zoning By-law Amendment
Application Southeast corner of Thorold Stone and Montrose Roads; Brockway
Properties Ltd. The report recommends the following.'
1. That Council approve the Zoning By-law Amendment Application to expand the range
of uses permitted on the lands;
2. That the applicant be required to pay fur the construction of sidewalks along the
frontage of the lat~ds on Montrose and Thorold Stone Roads prior to the passing o1~ the
amending by-law;
3. That the amending by-law limit the total floor area which can be used for showrooms
and warehouses to 2,508 sq. m (27,000 sq. ft.).
- AND -
Communication No. 362 - Niagara Peninsula Conservation
communication advises as having no objections to the application.
Authority. The
- AND -
Communication No. 363 - River Realty Development (f976) Inc. The communication
advises of having no objection and provides comments on the application.
- AND -
Communication No. 364 - Ministry of Transportation. The communication requests that
the Ministry will require that any new buildings above and below ground be setback a
minimum distance of 45 feet from their ultimate property line; that the owner be made
aware that Ministry permits are required for all new buildings located within 150 feet from
highway property line; and that Schedule 2 be revised to show the median island on
Thorold Stone Road extending from Montrose Road easterly to the north to east/west ramp
terminal.
- AND -
:Communication No. 365 - The Landcorp Group. The report provides information on the
Brockway Business Centre Zoning Amendment; Employment Business & Marketing
Considerations.
Acting Mayor Gary Hendershot declared the Pubtic Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations by First Class mail on October 21, 1994.
-6-
Acting Mayor Hendershot received indication that Mr. Ken Gonyou, was in
attendance on behalf of the applicant; and received a positive response to his request for
a show of hands bypersons present who were interested in the application. He requested
that a~ persons wishing to receive further notice of the passage of the by-law submit their
names and addresses to the Clerk prior to leaving the meeting.
The Director of Planning and Development referred to the subject property with the
assistance of posted sketches and reviewed the following information included in Technical
Report No. PD-94-166; Nature of the Amendment; Planning Review; Background; Official
Plan; Nature of the Zone Change; and the Public Notification Process.
Acting Mayor Gary Hendershot received a negative response to his request for
comments from persons, other than the applicant or his agent, in support of the application,
and received a negative response from persons opposed to the application.
Mr. Ken Gonyou advised that the purpose of the application was to bring the
zoning up to date and would be forservice-oriented uses. Mr. Gonyou requested Council's
support of the application.
The City Solicitor responded to inquiries regarding the construction of sidewalks
along the front of the lands and suggested that an agreement be entered into subject to
the construction of the sidewalk.
Mr. Gonyou provided information regarding the traffic design; access to the site and
the landscaping plan.
The Director of Planning and Development responded to Item #2 of the
Recommendation Report regarding the applicant's requirement to pay for the construction
of the sidewalks along the front of the property.
Since no further comments were forthcoming, Acting Mayor Hendershot declared
the Public Meeting with regard to Application AM-33/94 closed.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the
applicant be required to enter into an agreement to pay for the construction of sidewalks
when such construction occurs. Carried Unanimously.
ORDERED on the motion of Alderman Ward, seconded by Alderman Creitor, that the
correspondence be received and filed. Carried Unanirnouslv.
PD-94-f52 - Chief Administrative Officer - Re: Old Court House Renovation vs
Redevelopmont. The report recommends the following:
That further investigations be undertaken with respect to the short-term and long-term
· space requirements for Municipal Govemment operations and that the findings be
presented to Council in a subsequent staff report;
That the renovation potential of the old court house building and the option of
redeveloping same, form part of the Terms of Reference for the Centennial Square
redosign project;
3. That interim leases for the old court house building be found and that further
expenditures for general maintenance and improvements be kept to a minimum.
ORDERED on the motion of Alderman Or, seconded by Alderman Janvary, that the report
be received and adopted. Carried Unanimously.
...7
-7-
REGULAR COUNCIL MATTERS
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
Minutes of the Regular Council Meeting of November 7, 1994 be adopted as printed.
Carried Unanimously.
DEPUTA~ONS
Proiect Red Ribbon 1994
Ms. Katheryn Wilson, Staff advisor, Westlane Secondary School introduced the Co-
Presidents, Carolyn Smulders and Kelly Campbell, who discussed the Project Red
Ribbon 1994 program and provided Red Ribbons ot members of Council on behalf of the
Ontario Students Against Impaired Driving (OSAID).
Acting Mayor Gary Hendershot thanked the campaign representatives for their efforts
and suggested t,~at Red Ribbons be displayed on City vehicles again this year in support
of the program.
UNRNISHED BUSINESS
Alderman Ed Sherar expressed appreciation to City staff for their assistance during
the past six years and conveyed his best wishes to all the members of Council.
COMMUNICATIONS
Communication No. 366 . Scouts Canada - Niagara District Council- Re: 60th
Anniversary of Scouting in Niagara. The communication requests permission to display
a banner across Stanley Avenue from January 15, 1995 through February 28, 1995
commemorating the Niagara District Scout Council 60th Anniversary.
ORDERED on the motion of Alderman Susin, seconded by Alderman Janvary, that the
request be supported subject to established policy. Carried Unanimously.
Communication No. 367- Niagara Falls Bridge Commission - Re: Development of the
Rainbow BHdge Plaza. The communication provides clarification to concerns expressed
regarding the construction of an overhead pedestrian walkway.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the.
communication be received and filed for the information of Council. Carried Unanimously.
Communication No. 368 - Defence for Children International Canada (Anglophone) -
Re: Proclamation. The communication requests Council proclaim November 20, 1994 as
'~lational Child Day".
ORDERED on the motion of Alderman Susin, seconded by Alderman Puttick, that the
communication be received and filed. Carried Unanimously.
REPORTS.
RATIFICATION OF MUNICIPAL WORKS COMMITTEE ACTIONS
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cowan, that the
actions taken on the following matters by Municipal Works Committee, eartier this evening,
be approved. ...8
-8-
-9-
1. That the minutes of the November 7, 1994 be adopted as recorded;
2. MW-94-228 - Building Division Report - September & October, 1994 - that Report MW-
94-228, "Municipal Works Department Building Division Report for September &
October, 1994" be received and filed for the information;
3. MW-94-232 - Tender 10-94 - Tenders for Rental of Snow Removal Equipment - that
tenders received from J. MacKenzie for the rental of one 4-wheel drive front end
loader; Modem Crane for the rental of one 4-wheel drive front-end loader,' Montgomery
Bros. Construction for the rental of five 4-wheel drive front-end loaders and one truck
plow and wing; L. Walter and Sons Excavating Ltd. for the rental of one grader plow
and wing and one 4-wheel drive front-end loader,' and Frank Pizzi Construction and
Trucking for the rental of one grader plow and wing for the purpose of snow removal
during the 1994-1995; 1995-1996; and 1996-197 Winter Season be accepted at houriy
rates shown on the Summary Tender Sheets;
4. MW-94-233 - Home Composting Truckload Sales Event - that the proposal from
Norseman Plastics Ltd. (Norseman) for the advertising and distribution of 4, 200 home
compostere on a first-come, first-serve basis while supplies last to be held on
Saturday, December 3, and Sunday, December 4, 1994 at Zeller's Plaza be accepted;
and that staff be authorized to implement the revised fee schedule for existing
compostere as noted in the Report;
5. MW-94-236 - Victoria Avenue Streetscaping Project Status Report - that Report MW-
94-236 "Victoria Avenue Streetscaping Project Status Report" be received and filed for
information; and that staff be instructed to direct any future requests to this Committee
and Council for consideration;
6. Acknowledgement from Mrs. Schooley Re: Fence Encroachment on Morrison Street -
that the acknowledgement received from Mrs. Schooley regarding the Fence
Encroachment on Morrison Street, be received and filed for information;
7. Amendment of Certain Restrictive Covenants - that the request for amendment of
certain restricfive covenants concerning Lot 15, Plan M-67 be accepted - Alderman
· Fermino Susin declared a conflict of interest, because he owns a building on the same
street and left the meeting;
The motion Carried with Alderman Susin abstaining from the vote on the matter of
restrictive covenants on a conflict of interest previously noted and with all others voting in
- favour.
R-94-67 - Chief Administrative Officer - Re: Tender T-R 5294, for Supply and
Installation of 9 Creative Playgrounds in various City of Niagara Falls Parks. The
report recommends the following:
That the Tender TR52-94 for the Supply and Installation of Nine Creative Playgrounds
in various City of Niagara Falls Parks be awarded to Peninsula Fence and
Landscaping Inc. of Thorold, Ontario at the revised tendered cost of $216,254.70;
2. That the By-law appearing later on this evening's agenda a~thorizing an agreement
with Peninsula Fence and Landscaping Inc. be approved.
ORDERED on the motion of Alderman Susin, seconded by Alderman Janvary, that the
report be received and adopted. Canfed Unanimously.
See By-law No. 94-283
...9
F-94-44- Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $3,366,217.80 for the period ending November 21,
1994, be approved by the passing of the by-law appearing later on the agenda.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Craitor, the report
be received and adopted. The motion Carried with Aldermen Cowan, Craitor, Hendershot,
and Janvary abstaining from the vote on conflicts of interest previously noted and with all
others voting in favour.
See By-law No. 94-282
RATIFICATION OF FINANCE COMMITTEE ACTIONS
ORDERED on the motion of Alderman Orr, seconded by Alderman Puttick, that the actions
taken on the following matters by Finance Committee, earlier this evening, be approved.
1. Adoption of the Minutes of the November 7, 1994 Finance Committee meeting,'
Niagara Falls Humane Society - that the Niagara Fails Humane Society's request for
funding be referTed to final budget deliberations - Alderman Bruce declared a conflict
of interest because the organization is his employer;
Niagara Promotion Association - that the Niagara Promotion Association's request for
funding be referTed to final budget deliberations;
Niagara Transit - that Niagara Transit and Chair-A-Van's request for funding be
referTed to final budget deliberations; and that staff investigate and report back to
the Finance Committee as to the makeup of Transit Commission Boards in other
municipalities;
Niagara Falls Public Library - that the Niagara Falls Public Library's request for funding
be referTed ,to final budget deliberations;
Board of Museums - that the Board of Museum's request for funding be referred to
final budget deliberations;
Report ED-94-04 - Assessment of Air Supported Structures - that the Council of the
City of Niagara Falls strongly oppose through Resolution of Council, the retroactivity
provision for the supplementary assessment notice due to a policy change by the
Provincial Assessment Office for air-supported structures,' further, that Council
recommend that Canadian Home Products be grandfathered or provided an exemption
from this provision;
4. Report R-94-65 - Urban Basketball League - The report was deferred;
~ 5. FC-94-30 - Tax Balances at October 31, 1994 - that Report FC-94-30 - Tax Balances
at October 31, 1994 be received for information;
That the proceeds from the Auction to be held at the Inaugural be held in trust by the
City Treasurer until such time as Council has decided upon its distribution.
The motion Carried with 5 in favour and 4 against.
The motion CarTied with Alderman Cowan abstaining from the vote on the Grant Request
of the Niagara Falls Humane Society on a conflict of interest previously noted and with all
others voting in favour.
L-94-68 - Chief Administrative Officer - Re: Tony Primeranu Operating without a
Licence; File No. 92-10. The report recommends that Mr. Primerano's request for a
refund of his fine in the amount of $203.75 be denied.
- fO -
The City Solicitor provided information on the events leading to Mr. Primerano's
conviction of operating a business without a licence.
ORDERED on the motion of Alderman Susin, seconded by Alderman Sherar, that Mr.
Anthony Primerano be permitted to address Council. Carried Unanimously.
Mr. Primerano expressed concems regarding his business licence and informed
Council that he had not received the registered mail.
The City Clerk provided information on the methods used regarding Registered mail
and advised the City would accept Mr. Primerano's statement that he did not pick up the
registered letters.
ORDERED on the motion of Alderman Orr, seconded by Alderman Cowan, that the report
be received and adopted. The motion Carried with Alderman Sherar voting contrary to the
motion and with all others voting in favour.
L-94-69 - Chief Administrative Officer - Re: Land Transfers between the City and the
Region. The report recommends that the Region and the City enter into a reciprocal
arrangement whereby the transfers of road widenings, daylighting triangles and one foot
reserves be for a nominal consideration.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
report be received and adopted. Carried Unanimously.
See By-law No. 94-280
L-94-70 - Chief Administrative Officer - Re: Estabfishment of One Foot Reserves as
Pubtic Highways and Release and Abandonment of Easement; Be~eview Estates
Subdivision. The report recommends the fo~owing:
1. That certain one foot reserves conveyed to the City for road purposes be established
as part of a public highway;
2. That an easement over part of Block 15 on registered Plan 59M-210 be released and
abandoned by the City.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Fisher, that the
report be received and adopted. The motion Carried with'Alderman Susin abstaining from
the vote on a conflict of interest previously noted and with all others voting in favour.
See Bv-law No. 94-280
See Bv-law No. 94-281
RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cowan, that the
action taken on the following matters by Committee-of-the-Whole, earlier this evening, be
approved:
That the actions of the City Solicitor be confirmed regarding the assistance he provided to
the Chippaws Volunteer Firefighters Ladies Auxiliary regarding .a membership issue and
further that the City Solicitor be authorized to provide assistance to the group from time to
time regarding specific membership issues.
Carded Unanimously
- 11 -
RESOLUTIONS
NO. 76 - CRAITOR - FISHER - RESOLVED that the Council of the Corporation of the City
of Niagara Falls hereby petitions for interim payment under the Public Transportation and
Highway Improvement Act on expenditures made in the year 1994 in the amount of
$4,520,322;
AND the Seal of the Corporation be hereto affixed.
Carried
It was noted that "any conflict declared previously on specific projects are
carried forward and noted herein".
BY-LAWS
ORDERED on the motion of Alderman Fisher, seconded by Alderman Orr, that leave be
granted to introduce the following by-laws, and the by-laws be read a first time:
94-280 A by-law to establish certain one foot reserves as pubtic highways.
94-281 A by-law to authorize a release and abandonment of an easement or licence.
94-282 A by-law to authorize monies for Genera/Purposes (November 21, 1994).
94-283 A by-law to authorize the execution of an agreement with Peninsula Fence &
Landscaping Inc.
The motion Carried with Aldermen Craitor, Cowan, Janvary and Acting Mayor Hendershot
abstaining from the vote on By-law No. 94-282 on conflicts of interest previously noted;
Alderman Susin abstaining from the vote on By-law Nos. 94-280 and 94-281 on a conflict
of interest previously noted and with all others voting in favour.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Orr, that the
following by-laws be now read a second and third time:
94-280 A by-law to establish certain one foot reserves as public highways.
94-281 A by-law to authorize a release and abandonment of an easement or licence.
94-282 A by-law to authorize monies for General Purposes (November 21, 1994).
94-283 A by-law to authorize the execution of an agreement with Peninsula Fence &
Landscaping Inc.
The motion .Carded with Aldermen Craitor, Cowan, Jan vary and Acting Mayor Hendershot
abstaining from the vote on By-law No. 94-282 on conflicts of interest previously noted;
Alderman Susin abstaining from the vote on By-law Nos. 94-280 and 94-281 on a conflict
of interest previously noted and with all others voting in favour.
NEW BUSINESS
Letter of Appreciation
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that a letter
of congratulations be forwarded to Mr. Wayne Bendo and the Niagara Falls Firefighters for
their efforts in the Santa Claus Parade held on Saturday, November 19, 1994, Carriqd
Unanimously. , · · · ·
...12
- 12 -
Trillium Christmas Licihtincl Awards
Alderman Shirley Fisher referred to the Trilllure Christmas Lighting Awards and the
entry process.
Festival of Trees
Alderman Kim Craitor provided information on the Social Planning Council's "Festival
of Trees" event to be held on November 25, 1994 at Roman Court.
Alderman Kim Craitor congratulated all the candidates that had participated in the
municipal elections on November 14, 1994 and wished all the elected candidates all the
best.
Good Roads Ma;azine
Alderman Norm Puttick raferred to the Portage Road article which had racentiy
appeared in the Ontario Good Roads Magazine.
Lona-term Care Act
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the article
from "Municipal Alert" regarding Bill 173, the Long-term Cars Act, be forwarded to the Chief
Administrative Officers office and that the Chief Administrative Officer take the appropriate
action regarding the matter. Carried UnanimousIv.
Farewe.
Alderman Bruce Cowan expressed appreciation to City staff for aft their efforts and
assistance during the past six yeare and conveyed his best wishes to the new Council.
Acting *Mayor Gary Hendershot wished Alderman Cowan and Alderman Sherar the
best of luck in their future endeavours,
Ac~g Mayor Hende~hot congra~d Alderman B~ce Cowan on h~ upcom~g
madage.
Alderman Margaret Germano congratulated the re-elected Council members and
conveyed her best wishes to the new members of Council.
1995-1997 Council Inaugural
Acting Mayor Gary Hendershot provided information on the 1995-1997 Inauguration
ceremony would be held at the Optimist Club on Monfaon Street with doors opening at
5:30 p.m. and the Inaugural commencing at 7:30 p.m., and invited eveS/one to attend.
13 -
Review of Events
Acting Mayor Gary Hendershot provided an overview of the events that had been held
during the week-end that included the Misty Awards that had been held on Friday,
November 18, 1994; the Santa Claus Parade held on Saturday, November 19, 1994;
"Come A Carolling"; the Christmas Tree Lighting event; the Winter Festival of Lights Disney
Show "Twas the Night Before Christmas".
ORDERED on the motion of Alderman Ward, seconded by AIderman Orr, that the meeting
adjourn. Carried Unanimously.
READ AND ADOPTED,
ACTING MAYOR GARY HENDERSHOT
INAUGURAL MEETING
Optimist Club
December 5, 1994
In accordance with the provision of The Municipal Act and By-law No. 89-155
of the City of Niagara Falls, the Council ,net at 7:30 p.~n. in the Main Hall of the Optimist
Club. The City Clerk called the 1994 Inaugural Meeting of Council to order. The Council
included His Worship Mayor Wayne Thomson, and Aldermen Wayne Campbell, Kim
Craitor, Shirley Fisher, Gary Hendershot, Paisley Janvary, Judy Orr, Victor Pietrangelo,
Norman Puttick, Fermino Susin, Selina Volpatti and Bruce Ward. All members of Council,
with the exception of Alderman Pat Cummings, who was oo vacation, were present.
Monsignor Vincent Ferrando offered the Prayer of Invocation.
The City Clerk called upon His Honour Judge Wallace to administer the Oaths
of Office to Wayne Thomson and the Aldermen.
The Statutory Declarations of Office and Qualifications were filed with the -
City Clerk.
It was ORDERED on the motion of Alderman Janvary, secooded by Alder,nan
Hendershot, that a vote of thanks be extended to Monsignor Vincent Ferrando for offering
the Prayer of Invocation and soliciting divine guidance for the 1995-1997 Council. Carried
Unanimously.
It was ORDERED on the motion of Aldemmn Craitor, seconded by Alderman
Fisher, that a vote of thanks be extended to His Honour, Judge Wallace for administering the
Oaths of Office to His Worship, Mayor Thomson, and to the Members of City Council.
Carried Unanimously.
His Worship, Mayor Wayne Thomson, expressed thanks to Mr. Harold
Chadwick, Chairman, Central Veterans of the City of Niagara Falls, John Michael, Master
of Ceremonies, the Piper and Veterans Colour Guard, His Honour Judge Wallace,
Monsignor Ferrando and Father Innco. Mayor Thomson thanked the citizens of Niagara
Falls for their attendance and support of the event and introduced the new members of
Council.
Mayor Thomson stated that December 6, 1994 was a national day of mourning
in remembrance of 14 young women who were killed in Montreal and indicated that
members of Council were wearing commemorative buttons in recognition and support of
:ending the violence toward women.
Following His Worship Mayor Wayne Thomson's speech, Father Anthony
Irmeo offered the Closing Prayer.
It was ORDERED on the motion of Alderman Volpatti, seconded by Alderman
Pi~trangelo, that a vote of thanks be extended to Father Anthony Inneo tbr his blessing
bestowed on His Worship Mayor Thomson and Members of Municipal Council. Carried
Unanimously.
His Worship Mayor Thomson presented a token of appreciation to Margaret
Germano on behalf of the City of Niagara Falls and wished her well in all her future
endeavours.
,.,2
,
-2 -
ORDERED on the motion of Alderman Ward, seconded by Alderman Susin,
that the meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
MAYOR WAYNE THOMSON
THIRTY SECOND MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
December 12, 1994
Counc~ met on Monday, December 12, 1994 at 6:45 p.m. in Committee of the
Whole. All members of Council, with the exception of Alderman Orr, who was away
because of illness, were presenL Alderman Gary Hendershot presided as Chairman.
Following consideration of the items presented, the Committee of the Whole rose
to report in open session.
READ AND ADOPTED,
E C. WAGG, CITY CLERK
MAYOR WAYNE THOMSON
PLANNING MEETING
Council Chambers
December 12, 1994
Council met on Monday, December 12, 1994 at 7:30 p.m. for the purpose of
considering Planning Matters and Regular Business. All members of Council, with the
exception of Alderman Orr, who was away because of illness, were presenL Alderman
Gary Hendershot offered the Opening Prayer.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Pat Cummings indicated a pecuniary interest on Report F-94-46, Cheque
No. 207964, because a member of his family is the recipient.
Alderman Fermino Susin indicated a pecuniary interest on Report PD-94-176,
because he had bid on the work in the area; By-law No. 94-288, because an initial
payment came from a mortgage which he had held; and Report F-94-46, Cheque No.
28037, because the recipient is a member of his family and Cheque Nos. 207134, and
:207855 because members of his family are volunteer firefighters.
Alderman Kim Craitor indicated a pecuniary interest on Report R-94-71, and By-law
Nos. 94-294 and 94-301, because his employer is involved.
Alderman Bruce Ward indicated a pecuniary interest on Report F-94-46, Cheque
Noa. 207804, 207027 and 207767, because the company is owned by a family member.
...2
-2-
PRESENTATIONS
1995 Ontario Winter Games
Alderman Gary Hendershot reviewed the upcoming special event fundraisers which
included ticket sales to the December 17, 1994 Niagara Falls Thunder Game; a ski trip to
Kissing Bridge on January 28th; a "Valentine Package" with tickets to "Crazy for You" on
February 12, 1995; and the sale of Nevada tickets at Gallardi's Esso on McLeod Road.
Alderman Hendershot introduced Mr. Jim Diodati Jr. who provided information on the
Ontario Winter Games; presented "Roary" the mascot polar bear to Mayor Thomson on
behalf of the 1995 Winter Games. Mr. Diodafi thanked Council for their ongoing support.
- AND -
Report R-94-70 - Ontario Winter Games Chair - '95 Ontario Winter Games Update.
The report recommends that the report be received and filed for information.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that
the report be received and filed for the information of Council. Carried Unanimously.
Mavor's Charity Picnic
Ms. Janet Moodie was in attendance on behalf of Mr. Gino Romeo and presented
cheques in the amount of $13,000 received from donations from the Mayors Charity Picnic
and presented them to Mayor Thomson. His Worship Mayor Thomson presented a cheque
in the amount of $7,000 to Project S.H.A.R.E; a cheque in the amount of $4,000 to the
United Way and a cheque in the amount of $2,000 to the Canadian Cancer Society.
His Worship Mayor Thomson thanked all the volunteers and the community for
supporting the event and for their participation.
CURRENT PLANNING MATTERS
PD-94-179 - Chief Administrative Officer - Re: Zoning By-law Amendment
Application; AM-32/94; Sheraton Fallsview Hotel; 6755 Oakes Drive. The report
recommends the following: ~
That Council deny the application to permit a 19-storay building addition to the
Sheraton Fallsview Hotel due to its height, massing and environmental impact;
That the applicant be encouraged to investigate alternative building designs which
are less intrusive on the skyline in accordance with the design treatments
recommended in the City's Tourism Master Plan. .-"
- AND -
Communication No. 369- Correspondence from Sufivan, Mahoney, Solicitors.
communication advises as being opposed to the by-law in its present form,
The
. AND -
Communication No. 370 - Correspondence from Niagara Peninsula Conservation
Authority. The communication advises as having no objection to the application.
- AND -
Communication No. 371 - Correspondence from Dante I-. Marineill, Broderick,
MarineIll, Areaclio, Sullivan & Rose. The communication requests that a one month
delay to have an opportunity to have further negotiations and discussions with staff with
a view to determining whether there are any other viable development opportunities.
-3-
His Worship Mayor Thomson declared the Pubtic Meeting open and read the
procedure to be followed under the Planning Act.
The City Clerk advised that the Notice of the Public Meeting had been given in
accordance with Regulations by First Class mail on November 11, 1994.
His Worship Mayor Thomson received indication that Mr. Dante MarineIll, Solicitor,
was in attendance on behalf of the applicant and received a negative response to his
request for a show of hands by persons present who were interested in the appfication.
Mr. MarineIll advised that upon reviewing the recommendation report, the applicant
wished to have further discussions with staff to determine other viable development
opportunities.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Ward, that the
matter be deferred as requested by the applicanL Carried Unanimously.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Hendershot, that
the correspondence be received and ~ed. Carried UnanimousIv.
PD-94-173 - Chief Administrative Officer - Re: Zoning By-law Amendment Application,
AM-21/94, 5056 Montrose Road, Angelo Marino. The report recommends that the
applicant be given until July 1, 1995 to decide whether or not he wishes to proceed with
the application.
ORDERED on the motion of AIderman Janvary, seconded by AIderman cummings, that the
report be received and adopted. Carried Unanimously.
PD-94-176 - Chief Administrative Officer - Re: Request for Extension to Draft Plan
Approval Grand-View River Estates; 26T-89022. The report recommends the following:
That a Council resolution supporting a one-year extension to the Grand-View River
Estates Draft Plan of Subdivision be adopted conditional upon the applicant ra-eracting
the appropriate subdivision sign which complies with Municipal and Regional
requirements;
2. That a copy of this report and Council's resolution be forwarded to the Regional
Municipality of Niagara.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
report be received and adopted. The motion Carried with Alderman Susin abstaining from
the vote on a conflict of interest previously noted and with all others voting in favour.
See Resolution No. 77 '
~PD-94-177 - Chief Administrative Officer - Re: Request for Extension to Draft Plan
Approval Bambi North Extension; 26T-92012. The report recommends the following:
That a Council resolution supporting a one-year extension to the Bambi North
Extension Draft plan of Subdivision be adopted conditional upon the applicant
maintaining the appropriate subdivision sign which complies with Municipal and
· Regional requirements;
2. That a copy of this report and Council's resolution be forwarded to the Regional
Municipality of Niagara.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti,, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 78
...4
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PD-94-178 - Chief Administrative Officer - Re: Official Plan & Zoning By-law
Amendment Application; AM-24/94, S. & B. Rizvic; 6753 Lyon's Creek Road. The
report recommends that the condition, with respect to an agreement and security deposit
imposed on the owner of the former Lyon's Creek school, which is to be used, for the
storage of restaurant and food store equipment, no longer be required and the amending
by-law be appmved.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Janvary, that the
report be received and adopted.
See By-law No. 94-284
REGULAR COUNCIL MATTERS
ADOPTION OF MINUTES
Alderman Susin requested that the Minutes of November 21, 1994, on page 7 under
Communication No. 368 be amended to indicate his motion was to receive and file the
correspondence.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that the
Minutes of the Planning/Regutar Council Meeting of November 21, 1994 be adopted as
amended; and the Minutes of the Inaugural Meeting of December 5, 1994 be adopted as
printed. Canfed Unanimously.
DEPUTATIONS
F.H. Leslie Community Dark Accessible Plavoround Master Plan
Mr. Jim Diodati, on behalf of the Recreation Commission, thanked the Rotary Club
of Niagara Falls Sunrise for their involvement and generous contributions towards
establishing the playground. Mr. Diodati introduced Mr. Paul Monaghan, Rotary Club of
Niagara Falls Sunrise, who advised that the playground would encourage the integration
of challenged and unchallenged children in the community to become involved; advised
that the funding is in place; thanked Dale Morton and Jamie Douglas for a~ their eftorts and
encouraged Council to support the recommendation.
- AND.
Report R-94-68 - Chair, City of Niagara Falls, Recreation Commission - Re: F.H.
Leslie CommUnity Park Accessible Playground Master Plan. The report recommends
the following:
1. That Council approve the F.H. Leslie Community Park Accessible Playground Master
Plan to be developed in cooperation with the Rotary Club of Niagara Falls Sunrise;
2. That Council pass the by-law appearing later on this evening's agenda authorizing staff
to enter into the appropriate agreement with ABC Recreation Ltd., Paris, Ontar/o to
provide and instaft the accessible play structure at a cost of $40,000.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Pietrangelo, that
the report be received and adopted. Canfed Unanimously.
See Bv-law No. 94-296
Strategic Plan for the Provision of Parks, Recreation. Arts and Culture
Mr, Jim Diodati, addressed Council on behalf of the Recreation Commission
provided background and the putpose of ~e strategic plan,
..5
Mr. Diodati introduced Jean Monteith, Monteith, Zelinka Ltd., who provided an
overview of the strategic plan and reviewed the four areas for additional growth and
development which included the investigation of the financial feasibi~ty of an indoor
swimming pool; the development and enhancement of a trail system to link existing parks
to each other, the major community facilities and to the Niagara parks Commission
Parkland; the review of the current delivery system in an effort to streamline and the
facilitation, education and enhancement of the cultural side of recreational activities. Ms.
Monteith thanked members for the opportunity to present the strategic plan to Council.
- AND -
Report R-94-69 - Chair, City of Niagara Falls Recreation Commission, Strategic Plan
for the Provision of Parks, Recreation, Arts and Culture. The report recommends that
Council accept, in principle, the Strategic Plan for the Provision of Parks, Recreation, Arts
and Culture as a guide for the future development of facilities, programs and services.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the
report be received and adopted. Carried Unanimously.
Following some discussion, it was ORDERED on the motion of Alderman Janvary,
seconded by Alderman Craitor, that present memberships of the Parks & Recreation
Commission and the Arts & Culture Commission be reappointed to continue for the
duration of the review of the strategic plan. Carried Unanimously..
Prior to dealing with further Council matters, His Worship Mayor Thomson, on behalf
of Council, thanked Cynthia Robeits for her involvement in the Inaugural events.
COMMUNICATIONS
Communication No. 372 - Pitch-In Canada/Pitch-In Ontario - Re: Pitch-In Program. The
communication requests Council's financial support through a contribution of $275 toward
the Pitch-In Program.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the matter be referred to the Finance Committee. The motion was Defeated with the
following vote:
AYE: Aldermen Campbell, Cummings, Janvary, Pietrangelo, and Volpatti.
NA YE: Aldermen Craitor, Fisher, Hendershot, Puttick, Susin, and Ward.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that
the communication be received and filed. The motion was Defeated with the following
vote:
AYE: Aldermen Craitor, Hendershot, Fisher, Puttick, Susin.
NA YE: Aldermen Campbell, Cummings, Janvary, Pietrangelo, Volpatti and Ward.
ORDERED on the motion of Alderman Ward, seconded by Alderman Campbell, that the
request be supported. The motion was Defeated with the following vote:
AYE: Aldermen Campbell, Craitor, Janvary, and Ward.
NA YE: Aldermen Cummings, Fisher, Hendershot, Pietrangelo, Puttick, Susin and Volpatti.
..6
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- 7-
ORDERED on the motion of Alderman Craitor, seconded by Alderman Puttick, that the
communication be received and filed. The motion was Defeated with the following vote:
AYE: Aldermen Craitor, Fisher, Hendershot, Puttick and Susin.
NA YE: Aldermen Campbell, Cummings, Janvary, Pietrangelo, Volpatti and Ward.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ward, that the
matter be referred to the Finance Committee. The motion Carried with the following vote:
AYE: Aldermen Campbell, Craitor, Cummings, Janvary, Pietrangelo, Volpaffi and Ward.
NA YE: Aldermen Craitor, Fisher, Hendershot, Puttick and Susin.
Communication No. 373 - Alzheimer Society of Niagara Region - Re: Proclamation.
The communication requests Council proclaim the month of January, 1995 as '~wareness
Month for Alzheimer Disease and Related Dementias ".
ORDERED on the motion of Alderman Hendershot, seconded by AIderman Fisher, that the
request be supported. Carried Unanimously.
Communication No. 374 - Ministry of Municipal Affairs - Re: 1995 Ontario-Quebec
Municipal Student Exchange Program. The communication provides information on the
1995 Ontaio-Quebec Municipal Student Exchange Program.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Susin, that the
matter be referred to staff. Carried Unanimously.
Communication No. 375 - Project S.H.A.R.E. - Re: Fall 1994 Food Drive. The
communication expresses appreciation to the firefighters of Niagara Falls for the successful
food drive.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
communication be received and filed for the information of Council. Carried Unanimously.
Communication No. 376 - Niagara Falls Big Brothers Big Sisters Association Inc. Re:
Mammoth Bingo Licence. The communication requests Council's consideration for an
exemption from Municipal Policy respecting Provincial Bingos.
· - AND -
CD-94-49 - Chief Administrative Officer - Big Brothers Big Sisters Request for
Exemption to Municipal Policy Respecting Provincial Bingos. The report recommends
that Council not deviate from the Municipal Policy regarding Provincially Licensed Bingo
events.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Susin, that the
report be received and filed for the information of Council. Carried Unanimously.
Communication No. 371- Mottola's Hyundai -Re: Portable sign in front of business.
The communication requests permission to use the portable sign duing the months of
December, January, February and March.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, to
permit the temporary use of the sign and further that a policy review of portable signs be
undertaken by staff. Carried Unanimously.
REPORTS
MW-94-237 - Chief Administrative Officer - Re: Residential Development Charges
Indexing. The report recommends that this report be received and filed for information.
ORDERED on the motion of Alderman Fisher, seconded by AIderman Ward, that the report
be received and adopted. Carried Unanimously.
...7
MW-94-239 - Chairperson, Municipal Parking and Traffic Committee. Re: Municipal
Parking & Traffic Committee Recommendations, November 22, 1994 Meeting. The
report recommends the following:
MW-94-222 - Johnson Drive, Parking Restriction - that parking be restricted on the
north side of Johnson Drive between Strohan Street and Addison Avenue;
MW-94-223 - Drummond Road at Althea SL Request School Crossing Guard - that
1) a school Crossing Guard not be provided at Drummond Road and Althea Street;
and 2) that a sidewalk be installed as soon as possible along the east side of
Drummond Road just south of AIthea Street to Morrison Street;
MW-94-235 - Van Alstyne Place - Parking Lot Removal - that the Van Alstyne Place
Parking Lot be closed and that the land be returned to irs original state;
MW-94-224 - Oxford SL at Harvard Ave. Request forAll-Way Stop Controls; at Carlton
Avenue - Intersection Controls - that 1) the requested all way stop control not be
installed at Oxford Street and Harvard Avenue; 2) that the requested all way stop
control not be installed at the intersection of Oxford Street and Varsity Avenue; 3) that
a stop sign be installed in the southbound direction on Harvard Avenue at Oxford
Street; 4) that the Niagara Regional Police be requested to strictly enforce the 50 km/h
speed limit on Oxford Street;
MW-94-231 - Ministry of Culture, Tourism & Recreation (MCTR) - Request for Parking
Revisions - that 1) subject to the MCTR having funds available, the parking meters
located on Queen Street in front of the new MCTR building be removed and replaced
by a wider sidewalk; that 2) parking meters be installed on east side of Ontario Street
just south of Queen Street; 3) that Niagara Transit be requested to investigate the
possibility of relocating their bus stop located at the southwest corner of Erie Avenue
and Queen Street to the front of the MCTR building;
Cotwin Crescent at Carlton Avenue - Intersection Controls - that the Intersection o
Corwin Crescent and Carlton Avenue remain as an all-way stop control
ORDERED on the motion of Alderman Ward, seconded by AIderman Fisher, that the report
be received and adopted. Carried Unanimously.
See By-law No. 94-285
FD-94-13 - Chief Administrative Officer - Re: Communications Tower. The report
recommends that Council authorize staff to purchase a new communications tower, for the
Fire Department, from Tryion Manufacturing Co. Ltd. for the low bid price of $26,851.80;
approve the expenditure of $11,851.80 from the 1995 operating budget for part of the
funding.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that the
report be received and adopted. Carried Unanimously.
R-94-71 - Chairman, Ontario Winter Games - Re: Ontario Winter Games, Section 25
Grant. The report recommends that Council approve the By-law appearing later on this
evening's agenda authorizing an agreement between Canada Employment and Immigration
and' the Cib/ of Niagara Falls for a Section 25 Grant.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo,
that the report be received and adopted. The motion Carried with Alderman Craitor
abstaining from the vote on a conflict of interest previously noted and with all others voting
in favour.
See By-law No. 93-301
eal8
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F-94-46 - Chief Administrative Officer - Re: Municipal Accounts. The report
recommends that the accounts totalling $2,026.554.51 forthe period ending December 12,
1994, be approved by the passing of the by-law appearing later on the agenda.
Further information was provided on Cheque Nos. M90599; 207853; 207140.
ORDERED on the motion of Alderman Ward, seconded by Alderman Craitor, that the
report be received and adopted. The motion Carried with Aldermen Cummings, Creitor,
Susin and Ward abstaining from the vote on conflicts of interest previously noted and with
all others voting in favour.
See Bv-law No. 94-302
RA TIFICA TION OF FINANCE COMMITTEE MATTERS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpatti, that
the actions taken on the following matters by the Finance Committee on December 7,
1994, and eadier this evening, be approved.
I. Adoption of the Minutes of November 21, 1994;
Extemal marketing Initiative - Proposed 1995 Economic Development Department
Budget "Part B" - that funding of the Extemal Marketing Initiative be referred to final
budget deliberations;
FC-94-31 - Amendments to the Sewer Service Rate and the Discount Rate for Water
Notices - that Report FC-94-31 be approved - Opposed: Aldermen Campbell, Craitor,
Puttick;
CS-94-08 - Budget & Grant Request by Niagara Falls Tourism Inc. - approve in
principal and refer to final budget deliberations - be approved in principle and referred
to final budget deliberations;
5. Mr. C. Letoumeau re: Thorold Stone Road Sanitary Sewer - that Mr. Letoumeau's
request for financing of the Thomld Stone Road Sanitary Sewer be referred to final
budget deliberations following confirmation from Federal and Provincial Governments
as to infrastructure funding;
6. FC-94-32 - Tax Balances at November 30, 1994 - that Report FC-94-32, Tax
Balances a~ November 30, 1994 be received for information;
MW-94-241 - 1995 Streetlighting Tender - that the present Street Light Maintenance
Contract be extended to February 28, 1995, and that tenders be called for a 3-year
Street Light Maintenance Tender to expire November 30,1997 - Alderman Suain
indicated a conflict of interest because of a business interest;
8. Tenders for landfill equipment - to call for two pieces of landtill equipment; tenders to
close approximately the first week in February - Alderman Puttick opposed; *
9. Femview Construction Ltd. - to extend the present contract with Fernview Construction
Ltd. for a crawler type front-end loader at the Landfill until March .31, 1995;
10. Salt and Sand Spreader - to accept the tender from Sacco Construction for the rental
of one salt and sand spreader tandem truck at $85.00 per hour.
The motion Canned with Aldermen Campbell, Craitor, Puttick voting contrary to Report FC-
94-31; and Alderman Suain abstaining from the vote on Report MW-94-241 on a conflict
of interest previously noted; Alderman Puttick voting contrary to the motion on the matter
regarding tender~ for landfill equipment and with all others voting in favour.
CD-94-50 - Chief Administrative Officer -Municipal Bingo Calendar; Alteration to the
Event Calendar. The report recommends the following:
1. That Council approve an amendment to the municipal, bingo calendar of events to
allow for a new time slot and new bingo event;
2. That the new time slot become effective January 1, 1995, provided all municipal
requirements are met.
It was ORDERED on the motion of Alderman Crsitor, seconded by Alderman Fisher, to
permit Carol Jones, Monte Cado Bingo Association, to address Council. Carried
Unanimously.
Ms. Carol Jones expressed concerns regarding a house rule at bingo ha/Is concerning
the purchase of a minimum book in order to a/low the purchase of other cards in that
currency; and also indicated that a licerice held for a bingo licence was a charity licence
and that the organizations had expressed concems on being instructed by hall owners on
how they should conduct an event.
The Lottery Licence Inspector provided clarification and responded that haft owners
did have the fight to impose house rules provided they did not conflict with the terms and
conditions; and further advised that the hall owners had decided these were measures they
wanted to take and staff were in support of that decision.
Following some discussion, the Lottery Licence Inspector responded to concems
expressed regarding time slots and indicated these time slots were new to Niagara Falls
but not to surrounding municipalities; she further indicated the time slot would be rotated
among the four halls on a 6-month trial basis.
Following further discussion, it was ORDERED on the motion of Alderman Hendershot,
seconded by Alderman Campbell, that the report be received and adopted. The motion
Carfled with Alderman Craitor voting contrary to the motion; Alderman Cummings
abstaining from the vote on a conflict of interest because he is a member of an
organization that deals with bingos; Alderman Susin abstaining from the vote because
members of his family are members of an organization that deals with bingos and
Alderman Volpatti, abstaining from the vote on a conflict of interest because she sits as a
member on the Board of Directors of an organization that deals with bingos, and with all
others voting in favour.
CD-94-51 . Chief Administrative Officer - Re: Bingo Prize Board Decrease. The report
recommends the following:
1. That Council adopt the new pdze board proposal, to be implemented January 1, 1995;
2. That Council adopt the new maximum share with the wealth prize payout;
3. That no change be made to the Super Jackpot prize board.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that
the report be received and adopted. The motion Carried with Alderman Cummings
abstaining from the vote on a conflict of interest because he is a member of an
organization that deals with bingos; Alderman Susin abstaining from the vote because
members of his family are members of an organization that deals with bingos; and
Alderman Volpatti, abstaining from the vote on a conflict of interest because she sits as a
member on the Board of Directors of an organization that deals with bingos, and w!th all
others voting in favcur.
- 10 -
CD-94-47 - Chief Administrative Officer - Re: Lottery Licence Fee Schedule. The
report recommends that Council pass the by-law appearing later on this evening's agenda
amending By-laws 94-169 and 94-170.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that
the report be received and adopted. Carried Unanimously.
See By-law No. 94-287
CD-94-48 - Chief Administrative Officer - Re: Municipal Lottery Poticy. The report
recommends that Counc~ adopt the revised municipal poficy for Lottery Licensing to be
compfied with in conjunction with Provincial Terms and Conditions,
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that
the report be received and adopted. The motion Carried with Alderman Susin abstaining
from the vote on a conflict of interest because he is a member dan organization involved
in charitable gaming events and Alderman Volpatti abstaining from the vote on a conflict
of interest because she sits as a member on the Board of Directors of an organization that
deals with bingos, and with a~ others voting in favour.
CD-94-52 - Chief Administrative Officer - Re: f995 Council Schedule. The report
recommends that Council pass the By-law appearing on this evening's agenda adopting
a schedule of meetings for Council for 1995.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Volpaili, that the
report be received and adopted. Carried Unanimously.
See By-law No. 94-289
L-94-71 - Chief Administrative Officer - Re: Mrs. A. Halachan, 5697 Dunn Street. The
report recommends that Council retain a City Work Crew or a Contractor to forthwith
complete the work which Anna Halachan was directed to carry out under the Order of the
Property Standards Officer, namely clean an remove all rubbish and debris from the
subject property.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the
report be received and adopted. Carried Unanimously.
L-94-72 - Chief Administrative Officer - Re: Debris andsWaste By-Law. The report
recommends that Council pass the by-law regulating the maintenance of lands in a clean
and clear condition by requiring the owners, lessees, or occupants of the lands to ensure
that the lands are kept in a clean condition with respect to the accumulation of debris or
waste materials,
ORDERED on the motion of Alderman Cummings, seconded by Alderman Susin, that the
report be deferred for further inpuL Carried Unanimously, .... ,
RA TIFICA TION OF COMMITTEE OF THE WHOLE MATTERS
ORDERED on the motion of Alderman Ward, seconded by Alderman Creitor, that the
actions taken on the fo~owing matter by Committee of the Whole, earlier this evening, be
approved. -
That the Contract positions of the Network Administrator and the Application Co-Ordinator
be extended for a period of six (6) months. ,.
Carried Unanimously.
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BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
94-284
A by-law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan.
94-285
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking, Stopping, Stop Signs)
94-286 DEFERRED
94-287 A by-law to set fees for lottery ilcences.
94-288
A by-law to authorize the execution of an agreement with 486664 Ontario
Limited respecting a Tax Arrears Certificate.
94-289 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings.
94-290 A by-law to amend By-law No. 79-200, as amended. (AM27/94, Shaboom)
94-291
A by-law to amend By-law No. 395, 1966 of the former Township of
Willoughby, now in the City of Niagara Falls, as amended. (AM-24/94, Lyon's
Creek Rd.)
94-292
A by-law to amend By-law No. 79-200, as amended. (AM-19/94, Vincent
MarineIll).
94'293
A by-~w to amend By-law No. 79-200, as amended. (AM-31/94, John
'Mussari)
94-294
A by-law to authorize the execution of an agreement to extend the Contract
of Employment with David Watt.
94-295
A by-law to amend By-law No. 85-238, respecting the classes of
development that may be undertaken in site plan control areas. (AM-31/94,
John Mussari)
94-296
A by-law to authorize the execution of an agreement with A.B.C. Recreation
Ltd. respecting a playground accessible to the handicapped at F.H. Leefie
Community Park.
,94-297
A by-law to amend By-law No. 79-200, as amended (AM-6/94, Aldo &
Corinne Giammattolo)
94-298
A by-law to amend By-law No. 85-238, respecting classes of development
that may be undertaken in site plan control areas. (Aldo & Corinne
Giammattolo)
94~299
A by-law to designate an area of land in the City of Niagara Fails as a site
plan control area. (Aldo & Corinne Giammattolo)
94-300
A by-law to authorize the execution of an amending agreement with Her
Majesty Queen in right of the Province of Ontado as represented by the
Minister of Municipal Affairs respecting a Provincial-Municipal Infrastructure
Program for Victoria Avenue.
II
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94-301
A by-law to authorize the execution of an agreement with the Canada
Employment and Immigration Commission respecting a program known as
the Unemployment Insurance Section 25 Job Creation Program.
94-302 A by-law to authorize monies for General Purposes (December 12, 1994).
The motion Carried with Alderman Susin abstaining from the vote on By-law No. 94-288
on a conflict of interest previously noted; Alderman Creitor abstaining from the vote on By-
law Nos. 94-294 and 94-301 on a conflict of interest previously noted; Alderman
Cummings, Susin, Craitor and Ward, abstaining from the vote on By-law No. 94-302, on
conflicts of interest previously noted and with all others voting in favour.
ORDERED on the motion of AIderrnan Cummings, seconded by AIderman Fisher, that the
following by-laws be now read a second and third time:
94-284
A by-law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan,
94-285
A by-law to amend By-law No. 69-2000, being a by-law to regulate parking
and traffic on City Roads. (Parking, Stopping, Stop Signs)
94-286 DEFERRED
94-287 A by-law to set fees for lottery licences.
94-288
A by-law to authorize the execution of an agreement with 486664 Ontario
Limited respecting a Tax Arrears Certificate.
94-289 A by-law to amend By-law 89-155 and adopt a Schedule of Meetings.
94-290 A by-law to amend By-law No. 79-200, as amended. (AM27/94, Shaboom)
94-291 .
A by-law to amend By-law No. 395, 1966 of the former Township of
Willoughby, now in the City of Niagara Fatis, as amended. (AM-24/94, Lyon's
Creek Rd.)
94-292
A by-law to amend By-law No. 79-200, as amended. (AM-19/94, Vincent
MarineIll). ~
94-293
A by-law to amend By-law No. 79-200, as amended. (AM-31/94, John
Mussa~f)
94-294
A by-law to authorize the execution of an agreement to extend the COntract
of Employment with David Watt.
94-295
A by-law to amend By-law No. 85-238, respecting the classes of
development that may be undertaken in site plan control areas. (AM-31/94,
John Mussari)
94-296
A by-law to authorize the execution of an agreement with A.B.C. Recreation
Ltd, respecting a playground accessible to the handicapped at F.H. Leatie
Community Park.
94-297
A by-law to amend By-law No, 79-200, as amended (AM-6/94, Aldo &
Corinne Giammattolo)
94-298
A by-law to amend By-law No. 85-238, respecting classes of development
that may be undertaken in site plan control areas. (Aldo & Corinne
Giammattolo)
...13
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94-299
A by-law to designate an area of land in the City of Niagara Fails as a site
p/an control area. (A/do & Corinne Giammattolo)
94-300
A by-law to authorize the execution of an amending agreement with Her
Majesty Queen in right of the Province of Ontario as represented by the
Minister of Municipal Affairs respecting a Provincial-Municipal Infrastructure
Program for Victoria Avenue.
94-301
A by-law to authorize the execution of an agreement with the Canada
Employment and Immigration Commission respecting a program known as
the Unemployment Insurance Section 25 Job Creation Program.
94-302 A by-law to authorize monies for General Purposes (December 12, 1994).
The motion Carried with Alderman Susin abstaining from the vote on By-law No. 94-288
on a conflict of interest previously noted; Alderrnan Craitor abstaining from the vote on By-
law Nos. 94-294 and 94-301 on a conflict of interest previously noted,' Alderman
Cummings, Susin, Craitor and Ward, abstaining from the vote on By-law No. 94-302, on
conflicts of interest previously noted and with all others voting in favour.
NEW BUSINESS
Casino Issue
Alderman Norm Puttick referred to a casino letter from a supplier of gaming tables;
provided the letter to Director, Community Services and requested that it be kept on file.
Po~cv on Grass Cuffinn
Alderman Norm Puttick referred to Ministry of Transportation letter regarding review
of their poficy on grass cutting and fitter pick up.
Skatinu Rink at Gateway
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot that
staff review the situation regarding having an outdoor skating rink at Gateway. Carried
Unanimously.
,Printing of By-laws
Alderman Norm Puttick questioned the need to print all the by-laws for the Council
packages and requested that the matter regarding the issue of eliminating more paperwork
be looked into.
Chippaws Place
Alderman Shidey Fisher advised that Chippawa Place, a Senior Citizen's Retirement
residence had opened on December 4, 1994 and invited everyone to come and view the
residence.
,
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Riverview School Christmas Concert
Alderman ShiHey Fisher informed Council that Riverview School would be holding their
Christmas Concert at Cummington Square.
SPECIAL MEETING OF COUNCIL
Council Chambers
December 13, 1994
Qualitv of Drinkincl Water
Alderman Setina Volpatti discussed the issue of the Region's undertaking of treating
the water supply to remove taste and odour causing compounds; referred to the dry
Powdered Activated (PAC) system and the Granular Activated Carbon (GAC) system and
discussed the issue of the effectiveness of the program.
ORDERED on the motion of Alderman Puttick, seconded by AIderman Cummings that the
meeting be adjourned. Carried Unanimously.
.. ~-. READ AND ADOPTED,
MAYOR WAYNE THOMSON
· Council met on Tuesday, December 13, 1994 at 5:00 p.m. in Council Chambers. All
members of Council, with the exception of Aldermen Fisher, Orr, and Campbell, were
present. His Worship Mayor Wayne Thomson presided as Chairman.
In his opening remarks, Mayor Thomson advised that the purpose of the meeting
was for Council for the Corporation of the City of Niagara Falls to consider and determine
whether the Adult Entertainment Licence No. 6160 of 1049560 Ontario Limited, carrying
on business as Seductions, and the Adult Entertainment Licence No. 6181 of Michael
Sherk and Carmen Grisafi, carrying on business as Mints/Peppermints should be revoked
or be allowed to continue.
His Worship Mayor Thomson advised that Mr. Ray Kallio was in attendance on
behalf of the City of Niagara Falls; Mr. Guy Ungaro, was in attendance as legal counsel
for 1049560 Ontario Limited, carrying on business as Seductions; Mr. Ead Blackadder, was
in attendance as legal counsel for Michael Sherk and Carmen Grisafi, carrying on business
as Mints/Peppermints.
Mr. Kallio submitted as evidence an Affidavit of Service that been served and
delivered by Hand to 1049560 Ontario Limited, carrying on business as Seductions with
Notice of Hearing by registered mail as Exhibit No. 1. Mr. Kallio submitted as evidence an
Affidavit of Service had been served and delivered by Hand to Michael Sherk and Carmen
Grisafi, catTying. on business as Mints/Peppermints with Notice of Hearing by registered
mail as Exhibit No. 2.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Ward, that the
Affidavits of Service, Exhibit No. I and Exhibit No. 2 be accepted as submitted. Carried
Unanimously.
Mr. Kallio requested an Order to consolidate the two Hearings for Seductions and
Mints/Peppermints and that cameras be permitted and be unobtrusive during the Hearing
and for an Order prohibiting the identification, by publication or electronic broadcast, of any
witness under the age of eighteen (18) years.
ORDERED on the motion of Alderman Susin, seconded by Alderman Pietrangelo, that the
two Hearings for Seductions and Mints/Peppermints be consolidated. Carried
Unanimously.
ORDERED on the motion of Alderman Susin, seconded by Alderman Pietrangelo, to
prohibit the identification, by publication or electronic broadcast, of any witness under the
age of eighteen (18) years. Carried Unanimously.
ORDERED on the motion of Alderman Susin, seconded by Alderman Puttick, to allow the
publishing and broadcasting of the Hearing through the written and electronic media.
Canfed Unanimously.
Following some discussion, it was ORDERED on the motion of Alderman
Cummings, seconded by Alderman Hendershot, that Mr. Guy Ungaro be permitted to use
a video camera during the proceedings subject to the same conditions as ordered by
Council. The motion Canfed with Alderman Craitor voting contrary to the motion and with
all othere voting in favour,
...2
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The City Solicitor submitted as evidence an Extract from the Minutes of Council
Meeting of October 31, 1994 as Exhibit No. 3.
The City Solicitor submitted as evidence the City of Niagara Falls Licence No. 6180,
dated July 26, 1994 granted to Corry Lynn Lewenza, 1049560 Ontario Limited, carrying
on business as Seductions as Exhibit No. 4; and submitted as evidence the City of Niagara
Falls Licence No. 6181, dated August 2, 1994 granted to Mints/Peppermints - Michael
Richard Shark & Carmen Gfisafi as Exhibit No. 5.
Mr. Ungam and Mr. Blackadder expressed concerns regarding the potential conflict
of the City Solicitor acting as prosecutor.
The City Solicitor called Ms. Amanda Elizabeth Cote, who was swom in by the City
Clerk as the first witness. Ms. Cote reviewed photocopies of a Black Book which she kept
regarding the dates and locations where she had performed as a dancer.
Mr. Ungam and Mr. Blackadder expressed concerns regarding the use of
photocopies of the Black Book in question and suggested that the original book be
provided.
His Worship Mayor Thomson declared a 15-minute adjournment to provide an
opportunity for the witness to provide the original Black Book to Council. Following fie
recess, Council reconvened at 6:00 p.m. for the hearing.
It was requested that other witnesses be asked to leave the Council Chambers
during the testimony.
Order to exclude witnesses was made.
The City Solicitor advised Ms. Cote, of her right to object to answer any questions
under the Canada Evidence Act that may incriminate her.
During her testimony, Ms. Cote referred to entries in the Black Book and provided
dates, locations and monies received when she had performed as a stripper.
The City Solicitor submitted as evidence, Ms. Coto's Black Book as Exhibit No. 6.
ORDERED on the motion of Alderman Ward, seconded by AIderman Craitor, that the Black
Book provided by Ms. Cote be admitted as Exhibit No. 6. Canfed Unanimously.
During her testimony, Ms. Cote indicated she had danced at Seductions and had
provided a photo identification card, from 1992-1993 Grimsby Secondary School, with a
date of birth of December 25, 1975.
The City So~citor submitted as evidence the 1992-1993 Grimsby Secondary School
photo identification card as Exhibit No. 7.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Puttick, that
the photo idenUflcation card from 1992-1993 Grimsby Secondary School, with the date of
· birth of December 25, 1975 be admitted as Exhibit No. 7. Canfed Unanimously.
During the cross examination by Mr. Ungaro, Ms. Cote stated that she and other
individuals had responded to an advertisement in the newspaper and had provided fake
identification to an employee at Mints; she referred to a number of fake identification cards
that had been used at various adult entertainment establishments.
...3
The City Solicitor called Ms. Kristy Wood, who was sworn in by the City Clerk as the
second witness. The City Solicitor advised Ms. Wood, of her right to object to answer any
questions under the Canada Evidence Act that may incriminate her.
Ms. Wood responded to questions that she had danced as a stripper at Mints from
May, 1994 to July, 1994.
His Worship Mayor Thomson declared a 15-minute adjournment to provide an
opportunity for the witness to compose herself. Following the recess, Council reconvened
at 7:10 p.m. for the balance of the hearing.
Messrs. Ungaro and Blackadder requested that Mr. Eric Wood be requested to
leave the Council Chambers during further testimony·
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that
Mr. Eric Wood be re. quested to vacate the Councfi Chambers until testimony had been
given. Carried Unanimously.
Mr. Ungaro provided members of Council with a transcript of a video tape that had
been taken in July, 1994 and advised that comments made by Ms. Wood in the video were
inaccurate. Ms. Wood indicated she would not answer any further questions and/eft the
Council Chambers.
It was suggested by Mr. Ungaro that if Ms. Wood did not return for cross
examination that her testimony be deleted.
The City. Solicitor advised that the lawyers for the respondents could request a
motion for a non-suit.
Following some discussion, it was ORDERED on the motion of Alderman
Cummings, seconded by Alderman Susin, that the hearing be allowed to continue. The
motion Canfed with Aldermen Puttick and Pietrangelo voting contrary to the motion and
with all others voting in favour.
Mr. Ungaro advised that Amanda Cote had provided false identification and that the
owners of the Adult Entertainment Parlours were not guarantors of the identification cards.
Mr. Blackadder indicated there was no evidence that the adult entertainment ·
establishments had breached the City's by-law and that the matter be considered as a non-
suiL
The City Solicitor referred to the police investigation and the City's investigation and
stated that under oath, statements had been given inaccurately; that the witnesses had
been unreliable; that the Hearing had been called by Council to hold a licensing hearing
for llcences to be revoked. He stated that there was no evidence that underage girls were
stripping in these establishments and there was no evidence indicating that their floenoes
should be revoked. He supported the motion for non-suiL
His Worship Mayor Thomson adjourned the meeting to provide an opportunity for
members of Council to review the matter. Following the recess, Council reoonvened at
8:00 p.m.
...4
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ORDERED on the motion of Alderman Cummings, seconded by AIderman Hendershot, that
on the evidence presented, that no action be taken and that the licences not be revoked.
The motion Carried with Aldermen Craitor, Susin and Pietrangelo voting contrary to the
motion and with all others voting in favour.
ORDERED on the motion of Mayor Thomson, seconded by Alderman Cummings that the
meeting be adjoumed. Carried UnanimousIv.
READ AND ADOPTED,
SPECIAL MEETING
OF COUNCIL
Council Chambers
December 15, 1994
Council met on Thursday, December 15, 1994 at 7:00 p.m., in a Special Meeting
of Council to consider ratification of Finance Committee actions with respect to the 1995
budgeL All members of Council, with the exception of Aldermen Campbell and Janvary,
who had previous committments, were present. His Worship Mayor Thomson presided as
Chairman.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Susin, that the
actions taken by the Finance Committee with respect to the 1995 Budget on December 15,
1994 be adopted as presented in the Finance Committee Minutes. Carried.
ORDERED on the motion of Alderman Hendershot, seconded by AIderman Susin, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
THIRTY THIRD MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
December 19, 1994
Council met on Monday, December 19, 1994 at 4:30 p.m. in Committee of the
Whole. All members of Council, with the exception of Alderman Wayne Campbell, were
presenL Alderman Pat Cummings presided as Chairman.
Following consideration of the items presented, the Committee of the Whole rose
to report in open session.
READ AND ADOPTED,
E C. WAGG, CITY CLERK
REGULAR MEETING
Council Chambers
December 19, 1994
Council met on Monday, December 19, 1994 at 5:00 p.m. for the purpose of
considering Regular Business. All members of Council, were present. Alderman Pat
Cummings offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Susin requested that the Minutes of the Meeting of December 12, 1994
reflect that his conflict on By-law No. 94-288 was due to an initial payment which came
from a mortgage that he held; and to reflect that his conflict of interest on Report MW-94-
241 was due to a business relationship.
Alderman Orr indicated a pecuniary interest on Report F-94-46, Cheque No.
207918, because a member of her family is the recipient; and a pecuniary interest on
Report MW-94-231, Ministry of Culture and Tourism & Recreation, Parking Meters on
Queen Street, because of the close proximity to her mother's residence.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that the
Minutes of the Planning/Regular Council Meeting of December 12, 1994 be adopted as
amended and the Minutes of the Special Meeting of December f3, 1994 be adopted as
printed. Carried Unanimously.
PRESENTA~ONS
Business Showcase Award
Mr. Cha~es Baltjes-Chataway, Director of Economic Development advised that the
purpose of the Business Showcase Award was to recognize successful businesses in
Niagara Falls for their accomp~shments and to publicly recognize them for their excellence
in the community. ,.°2
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Mr. Baltjes-Chataway introduced the principals of Factor Forms, Mr. Winston Auld,
Bob Ross, Larry Thomson and Becky Fisher. Mr. Auld, Vice President, provided an
overview of Factor Forms and thanked members of Council and the Economic
Development Department for their support.
His Worship Mayor Thomson, presented a token of appreciation, on behalf of
members of Council, to the representatives of Factor Forms Niagara Ltd., in recognition
of their efforts in the communily.
Mr. Rick Rathfelder, Chairman, congratulated the company and their employees on
their success and accomplishments.
Alderman Wa~e Campbell entered Council Chambers after the presentation.
COUNCIL COMMITTEES
His Worship Mayor Wayne Thomson
following Committees.
ADULT ENTERTAINMENT COMMITTEE
CASINO COMMITTEE
CIVIC COMMITTEE
ENVIRONMENTAL COMMITTEE
FINANCE COMMITTEE
· MUNICIPAL RECYCLING COMMITTEE
MUNICIPAL WORKS COMMITTEE
announced the Council appointments to the
Alderman Kim Craitor
Alderman Norm Puttick
Alderman Paisley Janvary
Alderman Paisley Jan vary
Alderman Pat Cummings
Alderman Bruce Ward
Alderman Gary Hendershot
NIAGARA NORTH WASTE MANAGEMENT COMMITTEE Alderman Fermino Susin
PARKING AND TRAFFIC COMMITTEE Alderman Bruce Ward
REVIEW OF WARD SYSTEM COMMITTEE Alderman Kim Craitor
SOLID WASTE COMMITTEE Alderman Wayne Campbell
MOUNTAIN ROAD LANDFILL SITE COMMITTEE Alderman Selina Volpatti
Report PD-94-f15 - Chief Administrative Officer - Composition of the Committee of
Adjustment. The report recommends that the Committee of Adjustment be reduced in size
from seven members to five and that the composition of the Committee be comprised of
the Mayor, two Aldermen and two citizen members.
Following some discussion, it was ORDERED on the n~otion of Alderman
Hendershot, seconded by Alderman Fisher, that the report not be approved, and further
that 3 citizen appointees, 3 Alderman and the Mayor be appointed to the Committee of
Adjustment. The motion Carried with Aldermen Campbell and Orr voting contrary to the
motion and with all otherS. voting in favour.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Ward, that
there be no reimbursements made to elected Council appointees for attending committee
meetings. Cartfed Unanimously.
Report CD-94-54 . Chief Admlntstrative Officer - Appointments to Boards,
Commissions end Committees. The report recommends that Council select appointees
to serve for various terms on Boards, Commissions and Committees, and that the
appointments be confirmed by the By-law to be passed at this meeting.
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The appointments were made by ballot, with those obtaining the majority of Council
vote filling the vacancy and those receiving the least number of votes being eliminated on
a subsequent ballot and that in the event of a tie vote, there would be a subsequent ballot.
CHAMBER OF COMMERCE BOARD OF DIRECTORS - It was moved by Alderman
Hendershot, seconded by Alderman Campbell, that Alderman K. Craitor, be appointed to
the Chamber of Commerce Board of Directors, and Alderman F. Susin, be appointed as
an alternate representative for the 1995-1997 term. Carried Unanimo~slV.
COMMITTEE OF ADJUSTMENT - It was moved by Alderman Hendershot, seconded by
Alderman Fisher, that Aldermen P. Cummings, V. Pietrangelo and S. Volpatti and Mayor
Thomson be appointed to the Committee of Adjustment for the 1995-1997 term.
It was moved by Alderman Ward, seconded by Alderman Crsitor, that Jake Hiebert, Guy
Preta, and Michael Acefi be appointed as Citizen representatives to the Committee of
Adjustment for the 1995-1997 term. Carried Unanimously.
COMMUNITY RESOURCES CENTRE MANAGEMENT COMMITTEE - It was moved by
Alderman Ward, seconded by Alderman Crsitor, that Alderman S. Fisher, and Alderman
Orr, be appointed to the Community Resources Centre Management Committee fo~' the
1995-1997 term. Carried Unanimously.
It was moved by Alderman Ward, seconded by Alderman Craitor, that Gordon West, be
appointed as Citizen representative to the Community Resources Centre management
Committee, for the 1995-1997 term. Carried Unanimously.
COURTS OF REVISION (Local Improvements & Drainage Act) - It was moved by
Alderman Ward, seconded by Alderman Craitor, that Ted Krasowski, Edward Keams,
Albert N. Scordino be appointed as Citizen representatives on the Local Improvement
Court of Revision, for the 1995-1997 term. Carried Unanimously..
GREATER NIAGARA GENERAL HOSPITAL BOARD OF GOVERNORS o It was moved
by Alderman Pietrangelo, seconded by Alderman Volpatti, that Alderman P. Cummings,
Alderman P. Janvary and Alderman F. Susin be appointed to the Greater Niagara General
Hospital Board of Governors for the 1995-1997 term. Carried Unanimously.
GREATER NIAGARA SENIOR CITIZENS ASSOCIATION - It was moved by Alderman
Campbell, seconded by Alderman Ward, that Alderman S. Fisher and Alderman N. Puttick,
be appointed to the Greater Niagara Senior Citizens Association for the 1995-1997 term.
Carried Unanimously.
GREATER NIAGARA TRANSIT COMMISSION - It was moved by Alderman Campbell,
seconded by Alderman Craitor, that Mayor Wayne Thomson be appointed to the Greater
Niagara Transit Commission for the 1995-1997 term, and that Anthony DiGiacomo and
Wayne A. (Bart) Maves, be appointed as Citizen representatives to the Greater Niagara
Transit Commission for the 1995-1996 term. Carried Unanimously.
LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE (LACAC) -It was
moved by Alderman Craitor, seconded by Alderman Janvary, that Alderman W Campbell,
be appointed to the Local Architectural Conservation Advisory Committee for the 1995-
1997 term. Carried Unanimously.
LOCAL COUNCIL OF WOMEN - It moved by Alderman Craitor, seconded by Alderman
Janvary, that Alderman S. Fisher, be appointed to the Local Council of Women for the
1995-1997 term, Carried Unanimously.
...4
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MUNICIPAL NON PRORT HOUSING CORPORATION - It was moved by AIderman Ward,
seconded by Alderman Volpatti, that Aldermen G. Hendershot, J. Orr and B. Ward, be
appointed to the Municipal Non Profit Housing Corporation for the 1995-1997 term.
Carried Unanimously.
NIAGARA FALLS ART GALLERY BOARD - It was moved by AIderman Ward, seconded
by Alderman Craitor, that Alderman G. Hendershot, be appointed to the Niagara Falls Art
Gallery Board for the 1995-1997 term. Carried Unanimously.
NIAGARA DISTRICT AIRPORT COMMISSION - It was moved by Alderman Hendershot,
seconded by Alderman Pietrangelo, that Alderman F. Susin, be appointed to the Niagara
District Airport Commission, and that Alderman N. Puttick, be appointed as an alternate
representative for the 1995-1997 term. Carried Unanimously.
It was moved by Alderman Craitor, seconded by Alderman Ward, that Brian Olson, be
appointed as Citizen representative on the Niagara District Airport Commission for the
1995-1997 term. Carried Unanimously.
NIAGARA FALLS BOARD OF MUSEUMS - It was moved by Alderman Cummings,
seconded by AIderman Janvary, that Aldermen G. Hendershot, and S. Fisher, be appointed
to the Niagara Falls Board of Museums for the 1995-1997 term. Carried Unanimously.
It was moved by Alderman Orr, seconded by Alderman Craitor, that Robert J. Foley, Ken
Smith, and Ken Warren, be appointed as Citizen representatives to the Niagara Falls
Board of Museums for the 1995-1997 term. Carded Unanimously.
NIAGARA FALLS CANADA VISITOR & CONVENTION BUREAU - It was moved by
Alderman Pietrangelo, seconded by Alderman Volpatti, that Mayor Wayne Thomson, and
Alderman P. Cummings and Alderman N. Puttick, be appointed to the Niagara Falls
Canada Visitor & Convention Bureau for the 1995-1997 term. Carded Unanimously.
NIAGARA FALLS COMMUNITY CENTRES BOARD - It was moved by AIderman Janvary,
seconded by Alderman Cummings, that all members of Council be appointed to the
Niagara Falls Community Centres Board for the 1995-1997 term. Carried Unanimously.
NIAGARA FALLS HUMANE SOCIETY - It was moved by AIderman Hendershot, seconded
- by Alderman Fisher, that Alderman P. Janvary be appointed tp the Niagara Falls Humane
Society for the 1995-1997 term. Carded Unanimously.
It was moved by Alderman Janvary, seconded by Alderman Susin, that Alexander Glen,
and Margaret McGregor be appointed as Citizen representatives to the Niagara Falls
Humane Society for the 1995-1997 term. Carried Unanimously,
NIAGARA FALLS PUBLIC LIBRARY BOARD - It was moved by Alderman Ward,
seconded by Alderman Susin, that Mayor Thomson be appointed to the Niagara Falls
Public Library Board for the 1995-1997 term; and that Mary Anne Seppala, Anne Andres-
Jones and Frank B. Lewis, be appointed as Citizen representatives to the Niagara Falls
Public Library Board for the 1995-1997 term. Carried Unanimously.
It was moved by Alderman Cummings, seconded by Alderman Craitor, that Carm Dix,
Isabella Bald and Ken Smith be appointed, as recommended by the Niagara South Board,
· as Citizen representatives to the Niagara South Board forthe 1995-1997 term. The motion
Canfed with Alderman Campbell, Hendershot, and Janvary abstaining from the vote on a
conflict of interest because their employer is involved and with all others voting in favour.
It was moved by Alderman Cummings, seconded by Alderman Craitor, that Gerald E
Farroll, and Rose Sottile, be appointed, as recommended by the Welland County Roman
Catholic Separate School Board, as Citizen representatives to the Welland County Roman
Catholic Separate School Board for the 1995-1997 term. The motion Carried with
Alderman Pietrangelo abstaining from the vote on a conflict of interest because his
employer is involved and with a~ others voting in favour.
NIAGARA PARKS COMMISSION - That Mayor Wayne Thomson be appointed to the
Niagara Parks Commission as the permanent annual appointee. Carried Unanimously.
PLUMBERS EXAMINING BOARD - It was moved by Alderman Janvary, seconded by
Alderman Susin, that Cecil Amadio be re-appointed to the Plumbers Examining Board for
the 1995-1997 term. Carried Unanimously.
PROPERTY STANDARDS COMMITTEE - It was moved by Alderman Cummings,
seconded by Alderman Fisher, that John Anstruther be appointed as Citizen
representatives to the Property Standards Committee for the 1995-1997 term. Carried
Unanimousiv.
ARTS & CULTURE COMMISSION - It was moved by Alderman Cummings, seconded by
Alderman Janvary, that Aldermen Hendershot and Volpatti, be appointed as Council
representatives to the Arts & Culture Commission for the interim term. Carried
UnanimousIv.
It was moved by Alderman Hendershot, seconded by Alderman Cummings, that the Citizen
appointments be deferred for a further report. Carried Unanimously.
RECREATION COMMISSION - It was moved by Alderman Puttick, seconded by Alderman
Susin, that Alderman V. Pietrangelo be appointed as Council representative to the
Recreation COmmission for the interim term. Carried Unanimously.
REGIONAL LAND DIVISION COMMITTEE - It was moved by Alderman Cummings,
seconded by Alderman Orr, that Jack L. Collinson, be appointed as the Citizen
representative to the Region for the 1995-1997 term. Carried Unanimously.
REGIONAL NIAGARA TOURIST COUNCIL - It was moved by AIderman Fisher, seconded
by Alderman Pietrangelo, that Alderman G. Hendershot, be appointed to the Regional
Niagara Tourist Council, and Alderman K. Craitor, as an alternate representative for the
1995-1997 term. Carried Unanimously.
KINGSBRIDGE CENTRE FOR THE ARTS - It was moved by Alderman Cummings,
seconded by Alderman Fisher, that Alderman G. Hendershot be appointed to the
Kingsbridge Centre for the Arts Board for the 1995-1997 term. Carried Unanimously.
SOCIAL PLANNING COUNCIL - It was moved by Alderman Puttick, seconded by
Alderman Hendershot, that the appointments to the Social Planning Council be deferred
to a January Council meeting. Carried Unanimously.
UNITED WAY BOARD OF DIRECTORS - It was moved by Alderman Janvary, seconded
by Alderman Susin, that Alderman S, Fisher, be appointed to the United Way Board of
Directors for the 1995-1997 term. Carried Unanimously.
Y.M.C.A. BOARD OF DIRECTORS - It was moved by Alderman Hendershot, seconded
by Alderman Craitor, that Alderman B. Ward, be appointed to the Y.M,C.A, Board of
Directors for the 1995-1997 term. Carried Unanimously.
Y.W.C.A. BOARD OF DIRECTORS - It was moved by Alderman Campbell, seconded by
Alderman Cummings, that Alderman S. Fisher, be appointed to the Y,W.C,A. Board of
Dira~tors for the 1995-1997 term. Carried Unanimously, ..,6
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BUSINESS ASSOCIATIONS & BOARDS OF MANAGEMENT
CHIPPAWA BUSINESS ASSOCIATION - It was moved by Alderman Pietrangelo,
seconded by Alderman Volpatti, that Aldermen Fisher and Ward, be appointed to the
Chippawa Business Association for the 1995-1997 term. Carried Unanimously.
CLIFTON HILL BOARD OF MANAGEMENT - It was moved by Alderman Craitor,
seconded by Alderman Janvary, that Alderman G. Hendershot, be appointed to the Clifton
Hill Board of Management as Council representative for the 1995-1997 term. Carried
Unanimously.
DOWNTOWN BOARD OF MANAGEMENT - It was moved by Alderman Ward, seconded
by Alderman Cummings, that Alderman K. Craitor, be appointed to the Downtown Board
of Management for the 1995-1997 term. Carried Unanimously.
FALLS VIEW BUSINESS IMPROVEMENT AREA BOARD OF MANAGEMENT - It was
moved by Alderman Campbell, seconded by Alderman Susin, that Alderman N. Puttick, be
appointed to the Falls View Business Improvement Area Board of Management for the
1995-1997 term. Carried Unanimously.
MAIN AND FERRY BOARD OF MANAGEMENT - It was moved by Alderman Janvary,
seconded by Alderman Susin, that Alderman S. Volpatti, be appointed to the Main and
Ferry Board of Management for the 1995-1997 term. Carried Unanimously.
HEAVY CONSTRUCTION COMMITTEE - It was moved by Alderman Janvary, seconded
by AIderman Fisher, that Alderm en Cummings, Hendershot, Pietrangelo, Susin, and Mayor
Thomson, be appointed to the Heavy Construction Committee for the 1995-1997 term.
Carried Unanimously.
BUILDING CONSTRUCTION TRADES COMMITTEE - It was moved by Alderman Susin,
seconded by Alderman Cummings, that Aldermen Fisher, Volpatti and Mayor Thomson,
be appointed to the Building Construction Trades Committee for the 1995-1997 term.
Carried Unanimously.
CIVIC COMMITTEE - It was moved by Alderman Craitor, seconded by Alderman Susin,
that Aldermen Fisher, Henderhsot, and Janvary, be appointed to the Civic Committee for
the 1995-1997 term. Carried Unanimously. ~
It was moved by Alderman Pietrangelo, seconded by Alderman Cummings, that Aldermen
Craitor and Volpatti, be appointed to the Civic Committee for the 1995-1997 term. Carried
Unanimously.
ENVIRONMENTAL PLANNING & GREENING COMMITTEE - It was moved by Alderman
Puttick, seconded by Alderman Ward, Aldermen Campbell, Rsher, Janvary, Pietrangelo,
and Susin be appointed to the Environmental Planning & Greening Committee for the
1995-1997 term. Carried Unanimously.
FINANCE COMMITTEE - It was moved by Alderman Janvary, seconded by Alderman
Susin, that all members of Council be appointed to the Finance Committee for the 1995-
1997 term. Carried Unanimously.
MOUNTAIN ROAD LANDFILL PUBLIC LIAISON COMMITTEE '- It was moved by
Alderman Hendershot, seconded by Alderman Fisher, that Alderman S. Volpatti, be
appointed as Chairman of the Mountain Road Landfill Public Liaison Committee and
Aldermen P. Janvary and F. Susin be appointed to the Mountain Road Landfill Public
Liaison Committee for the 1995-1997 term. Carried Unanimously,
- 7-
NIAGARA FALLS ILLUMINATION BOARD - It was moved by Alderman Ward, seconded
by Alderman Susin, that Alderman P. Cummings, be appointed to the Niagara Falls
I~umination Board for the 1995-1997 term. Carried Unanimously=..
MUNICIPAL PARKING & TRAFFIC COMMITTEE - It was moved by Alderman
Hendershot, seconded by Alderman Cummings, that Aldermen Fisher, Orr, Puttick, Ward
and Volpatti, be appointed to the Municipal Parking & Traffic Committee for the 1995-1997
term. Carried Unanimously.
MUNICIPAL WORKS COMMITTEE - It was moved by Alderman Susin, seconded by
Alderman Janvary, that all members of Council be appointed to the Municipal Works
Committee for the 1995-1997 term. Carried Unanimously.
NIAGARA NORTH BOARD OF WASTE MANAGEMENT COMMITTEE - It was moved by
Alderman Ward, seconded by Alderman Craitor, that Alderman F. Susin, be appointed to
the Niagara North Board of Waste Management, and Alderman V. Pietrangelo as an
alternate to the Niagara North Board of Waste Management Committee for the 1995-1997
term. Carried Unanimously.
MOUNTAIN ROAD LANDFILL SITE END USE MASTER PLAN STEERING COMMITTEE
It was moved by Alderman Hendershot, seconded by Alderman Craitor, that Aldermen P.
Janvary and Alderman F. Susin be appointed as Council representatives to the Mountain
Road Landfill Site End Use Master Plan Steering Committee for the 1995-1997 term.
Carried Unanimously.
NIAGARA MUNICIPAL RECYCLING BOARD - It was moved by Alderman Volpatti,
seconded by Alderman Susin, that Alderman B. Ward be appointed to the Niagara
Municipal Recycling Board and Alderman V. Pietrangelo as alternate for the 1995-1997
term. Carried Unanimously.
See By-law No. 94-303
It was ORDERED on the motion of Alderman Craitor, seconded by Alderman Volpatti, that
the ballots be destroyed. Carried Unanimously.
Report CD-94-53 - Chief Administrative Officer - Re: Reductions and Refund of
Taxes; Under Section 443 of the Municipal Act, The report recommends that 1) an
adjustment of taxes amounting to $442.05 for the year 1993 be made to Mr. Charles Speck
of 5823 Temperance Avenue; 2) that an adjustment of taxes amounting to $1,580.48 for
the year 1993 be made to Harvest Green Townhouses Inc. of 7470 Monastery Drive; 3)
that a refund of taxes amounting to $1,325.60 for the year 1993 be made to Lubrizol
'Canada Ltd., 4) that a refund of taxes amounting of $5,300.76 for the assessment of 1993
be made to Lubrizol Canada Ltd., 5) that an adjustment of taxes amounting to $5,079.76
for the assessment year 1993 be made to Fleet Aero Space Corporation; 6) that a refund
of taxes amounting to $154.69 for the assessment year 1992 be made to Deb San Home
Builders Ltd.; 7) that an adjustment of taxes amounting to $427.72 for the assessment year
1991 and $435.63 for the assessment year 1992 be made to 737165 Ontario Ltd.; 8) that
an adjustment of taxes amounting to $459.62 for the assessment year 1991 and $468.96
for the year 1992 be made to 737165 Ontario Inc.; 9) that a refund of taxes amounting to
$715.52 for the assessment years 1991 and 1992 be made to the Corporation of the City
of Niagara Falls.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
report be received and adopted. The motion ~ with Alderman Ward abstaining from
the vote on a conflict of interast, because a family member is a recipient and with all others
voting in favour.
...8
-6-
-9-
COMMUNICATIONS
Communication No. 378 - Ontario Social Development Counc~ - Re: Child Nutrition
Program. The communication provides information on the Child Nutrition Program.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Susin, that the
matter be referred to staff. Carried Unanimously.
Communication No. 379 - Correspondence from Regional Niagara, Office of the Clerk
- Re: Election of Regional Chair. The communication advises that Councillor Brian
Merrett was chosen to serve as Regional Chair for the Regional Municipality of Niagara for
the 1994-1997 term and requesting that Counc~ take the necessary measures to appoint
a Successor.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Susin, that the
communication be received and filed. Carried Unanimously.
Communication No. 380 - Correspondence from Mr. John A. Dawson - Re: position
of Regional Councillor of Niagara Falls at the Region. The communication advises of
agreeing to assume the position of Regional Councillor of Niagara Falls at the Region.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Susin, that the
communication be received and filed. Carried Unanimously.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Puttick, that Mr.
John A. Dawson be appointed to the position of Regional Councillor of Niagara Falls at the
Region. Carried UnanimousIv. See By-law No. 94-308
It was ORDERED on the motion of Alderman Craitor' seconded by Alderman
Campbell, that Alderman Norm Puttick be nominated to serve on the Associated
..Municipalities of Ontario Board of Directors to the Large Urban Section. Carried
Unanimously.
REPORTS
MW-94,244 - Chief Administrative Officer - Re: Contract 94-120; Thorold Stone
Road/Garner Road Watermain Installation; Canada/Ontario Infrastructure Program.
The report recommends that the unit prices submitted by the low tenderer, Provincial
Construction (Niagara Faris) Ltd. be accepted and the by-law be passed.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimously.
F-94,47 - Chief Administrative Officer - Re: Municipal Accounts, The report
recommends that the accounts totalring $253,405,56 for the period ending December
1994, be approved by the passing of the by-law appearing later on the agenda,
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the
report be received and adopted, Carried Unanimously,
See By-law No. 94-309
L-94-67 - Chief Administrative Officer - Re: Amendments to the Smoke Detector By-
law No. 83-133. The report recommends that the revised and consolidated Smoke
Detector By-law be passed to enable the Fire Department to better enforce the Fire
Prevention Regulations as they relate to tenants in dwelling units and thereby increase the
level of safety for the citizens.
ORDERED on the motion of Alderman Susin, seconded by Alderman Volpatti, that the
report be received and adopted. Carried Unanimously.
RA TIRCA TION OF COMMITTEE. OF-THE-WHOLE ACTIONS
ORDERED on the motion of Alderman Fisher, seconded by Alderman Cummings, that the
actions taken on the following matters by Committee-of-the-Whole, earlier this evening, be
approved:
That the offer presented by 1099842 Ontario Inc. be rejected and that the property be
offered at $2.5 million subject to closing in (60) sixty days and no conditions, and with
a further non-refundable deposit of $100,000 to be held by the vendor.
That the request from the Kingsbridge Centre for the Arts for an additional $75,000
Loan Guarantee be approved and that a Personal Properties Security Agreement be
provided.
That Report HR-94-15 - That staff be endorsed as part of the contract negotiation
committee between The Corporation of the City of Niagara Falls and the Niagara Falls
Professional Fire Fighters Association.
The motion Carried with Aldermen Craitor and Susin voting contrary to the motion with
respect to 1099842 Ontario Inc.; and Aldermen Fisher, Orr and Puttick, voting contrary to
the motion regarding the Kingsbridge Centre for the Arts and with all others voting in
favour.
RESOLU~ONS
NO. 79 - PUTTICK - HENDERSHOT - WHEREAS the Government of Canada is
apparently considering amendments to the Income Tax Act to impose taxes on individual
casino winnings; and WHEREAS a municipal question was placed on the ballot of the
recent municipal election the results of which indicated that almost 63% of the voters in the
City of Niagara Falls who participated in the ballot were in favour of one government-
regulated casino being located in the City; AND WHEREAS this significant result was
produced largely as a result of the serious economic difficulties that the City of Niagara
Fa~s faces and the need to create jobs in the community; AND WHEREAS the Mayor of
The Corporation of the City of Niagara Falls has requested the Government of Ontario to
approve the City as a location for a government-regulated casino under the Ontario Casino
Corporation Act and the Counc~ has authorized that the necessary studies and work be
undertaken to satisfy the requirements of the Ontario Casino Corporation and is anxious
that a favourable decision by the government of Ontario be rendered at an early date; AND
WHEREAS the aforementioned amendment to the Income Tax Act would have a serious
negative impact on the location of a casino in the City of Niagara Falls and casinos
elsewhere in the Province of Ontario in that it would tend to generally discourage gambling
at the casinos and in particular would tend to discourage potential gamblers from
· jurisdictions such as the United States who presently are subject to taxation on casino
winnings; AND WHEREAS the Government of Canada would receive more taxes from a
Niagara Faris casino through existing tax measures such as corporate and employee
income taxes and GST than would be generated by the proposed amendment to the
Income Tax Act; AND WHEREAS the appeal of the current tax structure is illustrated by
the fact that Casino IA4ndsor is presently attracting more visitors to Canada than any other
commercial tourist facility;
NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the City
of Niagara Falls requests the Prime Minister of Canada, The Honoureble Jean Chretien,
and the Minister of Finance, The Honoureble Paul Martin, not to proceed with any
amendments to the Income Tax Act or any other legislation that would tax winnings at
casinos; AND THAT this resolution be circulated to local and Regional MPS and MPPS
and Members of Regional and Area Municipal Councils and to other interested agencies
enlisting their support in opposition to any proposed tax amendment as referred to above;
AND The Seal of the Corporation be hereto affixed. ~
,,.10
- 10 -
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that
leave be granted to introduce the following by-laws, and the by-laws be read a first time:
94-303
A by-law to provide for Appointments to certain Boards, Commissions and
Committees.
94-304
A by-law respecting devices for the early detection and simultaneous alarm,
signalling the presence of fire in an early stage.
94-305
A by-law to amend By-law No. 79-200, as amended. (AM-30/94, Mewbum
Heights).
94-306
A by-law to amend By-law No. 93-238, being a by-law to appoint a Chief
Building Official and Inspectors pursuant to the provisions of the Building
Code Act.
94-307
A by-law to authorize fie execution of an agreement with Provincial
Construction (Montrose) Ltd. respecting Thorold Stone Road/Garner Road
waterm ain installation under the Canada/Ontario Infrastructure. Work
Program.
94-308
A by-law to appoint John A. Dawson a member of the Council of the
Regional Municipality of Niagara.
94-309
A by-law to authorize the payment of $253,405.56 for General Purposes
(December 19, 1994).
Carded Unanimously
ORDERED on the motion of Alderman Cummings, seconded by Alderman Fisher, that the
following by-laws be now read a second and third time:
94-303
A by-law to provide for Appointments to certain Boards, Commissions and
Committees.
94-304
A by-law respecting devices for the ea~y detection and simultaneous alarm,
signalling the presence of fire in an early stage.
94-305
94-306
A by-law to amend By-law No. 79-200, as amended. (AM-30/94, Mewbum
Heights).
A by-law to amend By-law No. 93-238, being a by-law to appoint a Chief
Building Official and Inspectors pursuant to the provisions of the Building
Code Act.
,94-307
A by-law to authorize the execution of an agreement with Provincial
Construction (Mootrose) Ltd. respecting Thorold Stone Road/Gamer Road
waterm ain installation under the Canada/Ontario Infrastructure Work
Program,
94-308
A by-law to appoint John A, Dawson a member of the Council of the
Regional Municipality of Niagara,
94.309
A byqaw to authorize the payment of $253,405,56 for General Purposes
.(December fg, f994). . '-
Carded Unanimously
}
- 11 -
NEW BUSINESS
Wheel World Car Exhibition
His Worship Mayor Thomson referred to correspondence regarding a Wheel World
Car Exhibition event to be held at the SkyIon Tower from January 13 to January 15, 1995
and requesting that the fee for the special occasion daily sale permit be waived.
Fo~owing some discussion, it was ORDERED on the motion of Alderman Puttick,
seconded by Alderman Craitor, that the fee for the Special Occasion Daily Sale Permit be
waived. The motion Carried with Alderman Hendershot abstaining from the vote on a
conflict of interest because a member of his family is involved and Alderman Ward
abstaining from the vote on a conflict of interest because he is participating in the event
and with all others voting in favour.
Tax on Casino Winninos
His Worship Mayor Thomson discussed the Government of Canada considering
amendments to the Income Tax Act to impose taxes on individual casino winnings and
advised of the substantial negative impact on jobs in the community and requested Council
endorse the resolution requesting the Prime Minister of Canada, and the Minister of
Finance, not to proceed with any amendments to the Income Tax Act or any other
legislation that would tax winnings at casinos.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hendershot, that
Council endorse the resolution requesting the Prime Minister of Canada, and the Minister
of Finance, not to proceed with any amendments to the Income Tax Act or any other
legislation that would tax winnings at casinos. Carried Unanimously;
See Resolution No. 79
Correspondence from Mr. Eric Wood
ORDERED on the motion of Alderman Cummings, seconded by Alderman Volpafli, that
the correspondence from Mr. Eric Wood be received and filed for the information of
Council. Carried Unanimously.
Ceasinq Operations at Treibacher Corporation
Alderman Norm Puttick reviewed correspondence from Treibacher Corporation
advising of temporarily ceasing operations of their Silicon Carbide Facility until more
favourable business conditions prevail.
Letters of Condolence
ORDERED on the motion of Alderman Ward, seconded by AIderman Susin that a letter of
condolence be forwarded to Mel Brown, Chief Building Official, on the recent loss of his
father, Harold. Carried Unanimously.
Merry Christmas
His Worship Mayor Thomson wished everyone a very Merry Christmas and a great
1995,
0/~
lea
9,1-
ORDERED on the motion of Alderman Puttic& seconded by Alderman Cummings that the
meeting be adjourned. ~
' 94-;
94-,'*
94-3
94-34
94-3(
ORDI
fo~ow
94-30
94-30,
94-30~
94-30e
,94-307
94-3081
94-309'
READ AND ADOPTED,