Minutes1987(B) THIRTY-FIFTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
October 19, 1987
Council met on Monday, October 19th, 1987 at 7:00 p.m. in Committee of the
Whole. All members of Council were present. Alderman Pay presided as
Chairman.
Following consideration of the item
arose without reporting.
the Committee of the Whole
READ AND ADOPTED,
BARBARA G. SCOTT, DEPUTY CITY
MAYOR WILL~ S. SMEATON
PLANNING/R
Council Chambers
October 19, 1987
Council met on Monday, October 19th, 1987 at 7:30 p.m. for the purpose of
considering Planning Matters and regular business. All members of Council were
present. His Worship Mayor Smeaton presided as Chairman. Alderman Hopkins
offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the
minutes of the meeting held October 5th, 1987, be adopted as printed.
Carried Unanimously.
PRESENTATION
His Worship Mayor Smeaton referred to a plaque which was presented to the
City of Niagara Falls by the Canadian Imperial Bank of Commerce in recognition
of over 80 years of valued association. The plaque will be displayed in an
appropriate position in City Hall.
REPORTS - PLANNING MATTERS
PD-87-140 - Chief Administrative Officer - Re: Zoning Amendment Application
AM-30/87, Peter RadoJcic, Terrace Avenue. The report recommends the following:
1) That Council not support the subject application;
2)
That the applicant be encouraged to consider alternatives for the
residential development of the subject lands, having regard to the
following:
- a downscaled development of a lower density;
- improved architectural designs to minimize topographid site constraints.
-AND -
Communication No. 329A - Regional Niagara Planning & Development Department
- Re: Proposed Zoning By-law Amendment AM-30/87 from R2 to R4-Residential Low
Density, Grouped Multiple Dwellings (R4), west side of Terrace Avenue and south
side Elgin Street. The communication advises that Regional Planning Staff does
not object to the rezoning, but suggests the number of apartment units be
reduced to meet the guidelines established in the Official Plan and reflected in
the Zoning By-law.
- AND -
Communication No. 329B ~ Petition from Area Residents - Re: Zoning By-law
Amendment AM-30/87. The petition expresses objection to the proposed zoning
by-law amendment, and requests the City to keep zoning of Lots 14 and 15, Plan
314 within the Official Plan, R2(Single Family, Duplex or Semi-Detached
Dwellings ).
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- AND -
Cossunication No. 329C - Mrs. Mary Mauiri - Re: Proposed Zoning By-law
Amendment AM-30/87 - Peter RadoJcic. The communication objects to the proposal
for the following reasons: elevation and extreme grade of the property;
interruption of the general guidelines of the Official Plan; exceeding of the
density per hectare; inadequacy of lot frontage for the proposed building;
lack of proximity to shopping, recreation, banks and other services, as well as
inadequacy of parking space causing a traffic problem on Elgin Street and
Terrace Avenue; use of a public laneway for access onto Buttrey Street, and
entrance from Elgin Street, causing a traffic problem; inadequacy of landscap-
ing; and the need to install new sewer lines. The communication refers to the
inability to contact the applicant for a discussion of an alternative design,
and suggests the erection of a duplex, semi-detached or single family home, and
further suggests that the applicant wishes to construct for speculative
purposes.
Communication No. 329D - Michael Bernard Pock - Re: Zoning Amendment ,
Application AM-30/87. The communication expresses the following concerns with
respect to the proposed amendment: amenitles and general character of the area;
destruction of mature trees to allow for parking space; developments should be
compatible with the surrounding netghbourhood, and urges Counctl to reject the
application.
His Worship Mayor Smeaton declared the Public Meeting open and reviewed the
procedure to be followed under the Planning Act, 1983.
The Deputy City Clerk advised that this application was for a rezonfng from
Residential Single Family and Two Family (R2) to Residential Low Density,
Grouped Multiple Dwellings (R4) to permit the construction of a two-storey,
8-unft apartment building. She further advised that the subject lands, which
are presently vacant, are located on the west side of Terrace Avenue; that the
notices of the public meeting were-forwarded by first class mat1 on September
18th, 1987.
His Worship Mayor Smeaton indicated the presence of the applicant, Mr. Peter
RadoJclc, and his Solicitor, Mr. Charles Ryall. A positive response was
received to Mayor Smeatonts request for a show of hands from persons present in
fayour of, or opposed to the application. He stated that persons wishing to
receive further notice of the passing of the by-law should submit their names
and addresses to the Deputy City Clerk prior to leaving the meeting.
The Planning Director discussed the subject property with the assistance of
posted sketches, and reviewed the following information contained in the
Technical Report: Development Proposal; Zoning By-law Amendment; Official Plan;
Comments from Public Notification Process; Surrounding Land Use; Planning
Review; and Site Plan Review. He stated that the Planning Department was not
recommending this particular application, and suggested that the applicant
submit a donscaled proposal of 6 units as indicated in the recommendation of
the report.
Alderman Puttick entered the meeting.
There was a negative response to )~yor Smeaton's request for comments from
persons, other than the applicant or his agent, in support of the application.
Mrs. Mary Mauiri reviewed her concerns recorded previously in Communication
Number 329C. She expressed particular concern regarding the inadequacy of the
sewer system at the present time, the lot frontage, inadequacy of parking and
lack of sidewalks. Mrs. Mauiri was in agreement with development in the a~ea,
but suggested that this should be within the context of the property- She
referred to three residents on Terrace Avenue who had been unaware of the appli-
cation, and was apprised of the procedure followed under the Planning Act, 1983.
Mr. Charles Ryall, Solicitor, advised that Mr. RadoJcic was seeking a
.postponement in order that he might submit a more appropriate-application. He
further advised that Mr. RadoJcic was a resident in the subject neighbourhood
and was desirous of being a reasonably responsible citizen in the neighbourhood.
Following further discussion, His Worship Mayor Smeaton declared the Public
Meeting closed.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orrt that th~
.report be received and adopted.. Carried Unanimously. . . · · 3
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PD-87-141 - Chief Administrative Officer - Re: Zoning Amendment Application
AM-31/87, Niagara Imperial Motel, 5851 Victoria Avenue. The report recommends
the following:
1)
That Council support the proposed amendment to Zoning By-law 79-200
permitting a hotel building with a height limitation of 10 storeys (28
metres).
2) That the development incorporate a minimum landscaping of 15%;
3) That the development incorporate one parking space for buses;
4) That the applicant provide the necessary land dedications for road widening;
5)
That Council direct Staff to prepare an appropriate Zoning By-law amendment
which reflects the application submitted and the detailed considerations
contained in the Technical Report;
6) That the applicant and the Regional Municipality of Niagara be advised
accordingly.
His Worship Mayor Smeaton declared the Public Meeting open, and advised that
the procedure under the Planning Act, 1983 would be followed.
The Deputy City Clerk advised that the application is for a rezoning to
permit the construction of a 10-storey hotel to provide 102 new suites while
retaining 41 suites in an existing structure. She stated that the subject lands~
were located at 5851 Victoria Avenue, presently known as the Niagara Imperial
Motel, and that the Notices of the Public Meeting were mailed on September 16th,
1987.
His Worship Mayor Smeaton noted that the applicant and his agent, Mr. Dante
Marinelli, Solicitor, were in attendance. He received a negative response to
his request for a show of hands from persons in favour of, or opposed to the
application- Mayor Smeaton advised all persons wishing to receive further
notice of the passing of the by-law to submit their names and addresses to the
Deputy City Clerk prior to leaving the meeting.
The Planning Director discussed the subject lands with the assistance of
posted sketches, and reviewed the following information contained in the
Technical Report: Development Proposal; Official Plan; Zoning By-law; Comments
from Public Notification Process; Surrounding Land Use; and Planning Review.
A negative response was received to Mayor Smeaton's request for comments
from persons, other than the applicant or his agent in favour of, or opposed to
the application.
Mr. Marineill advised that after a consultation with the architect
respecting the recommendations in the report, the amendments could be included
in the project. He asked that Council approve the application.
Following further comments regarding the inclusion of a retail outlet within
the project, His Worship Mayor Smeaton declared the Public.Meeting closed.
ORDEP~ED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the
report be received and adopted. Carried Unanimouslyt
PD-87-142 - Chief Administrative Officer - Re: Zoning Amendment Application
AM-32/87, 642217 Ontario Ltd., Mewburn Road. The report recommends as follows:
1) That Council support the proposed amendment to Zoning By-law 79-200,
permitting construction of 28 townhouse units;
2) That the applicant pay for the cost of constructing a sidewalk across the
frontage of the subject property;
3) That the development be subject to the standard City policy regarding
.cash-in-lieu of park land for residential development;
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4) That Council direct Staff to prepare an appropriate Zoning By-law amendment
which reflects the application submitted and the detailed considerations in
the Technical Report;
5) That the applicant and the Regional Municipality of Niagara be advised
accordingly-
His Worship Mayor Smeaton advised that the same procedure, as in the two
previous applications, would be followed under the Planning Act, 1983.
The Deputy City Clerk advised that the application was for a resoning from
Development Holding to Residential Low Density to permit the construction of 29
townhouse units for future condominium ownership. She further advised that the
location of the property is at 2700 Mewburn Road between Mountain and Schofield
Roads, and that the Notices of the Public Meeting were forwarded on September
18th,.>987-
His Worship Mayor Smeaton noted that Mr. Vince Kerrto, jr. and Mr. Herman
Damore, applicants were in attendance; as well as Mr. Alec Greaves, Consultant,
and welcomed them to the meeting. He received a negative response to his
request for a show of hands from persons, other than the applicant or his agent,
in favour of, or opposed to the application. Mayor Smeaton asked that all
persons wishing to receive further notice of the passing of the by-law submit
their names and addresses to the Deputy City Clerk prior to leaving the meeting.
The Planning Director discussed the subject lands with the assistance of
posted sketches, and reviewed the following information included in the
Technical Report: Development Proposal; Zoning By-law Amendment; Official Plan;
Public Notification; Surrounding Land Use; Planning Review; and Site Plan
Review. He stated that the Planning Department was recommending support of the
application.
Mr- Greaves indicated that the proposal was for 28 luxury condominium units,
equivalent in size to the average single family house, as well as a full
basement and garage for each unit. He discussed the size of the units, the
extent of the landscaping, including the swimming pool, and stated that all
standards required by City by-laws were exceeded in every way. Mr. Greaves
advised that a public meeting had been held with homeowners in the neighbourhood
and that there had been no opposition to the proposal.
The Chief Administrative Officer and Director of Municipal Works replied to
questions raised by an interested resident of the area regarding storm sewer
drainage for the development.
Since no further comments were forthcoming, His Worship Mayor Smeaton
declared the Public Meeting closed-
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the
report be received and adopted- Carried Unanimously. ~
PI)-87-138 -Chief Administrative Officer - Re: Request for Extension to
Draft Plan Approval, Drummond Park Village Extension, 26T-80003 (Revised).
report recommends the following:
The
1) That a Council resolution supporting a one year extension to the Drummond
Park Village Extension draft plan of subdivision be adopted and forwarded to
the Regional Municipality of Niagara.
2) That a copy of this report be forwarded to the Regional Municipality df
Niagara and the Group 2 Development Limited.
Alderman Coyills declared a conflict of interest because the company she is
associated with ha8 a business interest.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Ninsperger,
that the report be received and adopted. The motion Carried with Alderman
Coville abstaining from the vote on a conflict of interest previously recorded;
and with all others voting in favour,
See Resolution No. 76.
PD-87-139 - Chief Aam{uistrative Officer - Re: Request for Extension to
Draft Plan Approval, Mingle Subdivision, 26T-79006. The report recommends the
following:
l)
That a Council resolution supporting a one year extension to the Mingle
draft plan of subdivision he adopted and forwarded to the Regional Munici-
pality of Niagara, conditional upon the applicant erecting a subdivision'
sign which concurs with Municipal and Regional requirements;
2) That a copy of this report be forwarded to the Regional Municipality of
Niagara and Matthews & Cameron Limited.
ORDERED on the motion of Alderman Orr, seconded by Alderman Harrington, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 77.
PD-87-143 - Chief Aam~uistrative Officer - Re: Residential Development
Review (January - September, 1987), File ST-144. The report provides a three
month review of residential development and recommends that the report be
received and filed for informational purposes.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
UNFINISHED BUSINESS
~CEPTANCE OF NON-HAZARDOUS SOLID WASTE FROM HALTON BY WALRER BROS. QUARRIES
Report No. MW-87-190 - Chief Administrative Officer - Re: Acceptance of
Non-Hazardous Solid Waste from Region of Halton by Walker Brothers Quarries
Limited. The report to the Municipal Works Committee recommends that the City
of Niagara Falls not oppose the proposal to have non-hazardous solid waste from
the Region of Halton accepted at Walker Brothers Quarries Limited landfill site
subject to the Region of Halton entering into a reciprocal agreement with
Regional Niagara and/or its area municipalities whereby Niagara municipalities
would have the right to dispose of an equal amount of waste in the future Halton
landfill site should the need arise.
The Chief Administrative Officer advised that matter was considered at the
Municipal Works Committee earlier this evening, and that the Committee objected
to the proposal, He further advised that a report would be submitted to the
next meeting of City Council.
ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the report
be received and the proposal opposed. The motion Carried with the following
vote:
AYE: Aldermen Baker, Campbell, Chessman, Coville, Cummings, Harrington,
Hinsperger, Hopkins, Janvary, Orr and Pay.
NAYE: Alderman Puttick.
DEPUTATION
PLUMBING INSPECTIONS -
Communication No. 330 - Cy McGuigan - Re: Plumbing Inspections. The
communication requests permission to speak at the next meeting of Council.
Mr. McGuigan discussed a letter he had received from the Buildings &
Inspections Department regarding the need for a Plumbing Permit at 4568 Erie
Avenue. He stated that he had replaced the same equipment he had removed and
did not require a permit.
ORDERED on the motion of Alderman Coville, seconded by Alderman Chessman, that
the matter be referred to Staff. Carried Unanimously__.
Mr. McGuigan discussed a new building at the corner of Bridge Street and
River Road which had no cleanout within 20 feet of the wall, no water, smoke or
ball test.
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During the discussion, there was a discrepancy in information received from
the Buildings & Inspections Department and Mr. McGuigan, and he was therefore
asked to submit his comments in writing.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Baker, that the
matter be referred to Staff and a report submitted subsequent to receipt of Mr.
McGuigan's written comments. Carried Unanimously.
COMMUNICATIONS
No. 331 - Large Urban Sectlon -Association of M-ntctpaltties of Ontarto A!lO
- Re: Salary Commission for Municipally Elected Officials in Ontario Cities.
The communication requests comments regarding the proposal to establish a Salary
Commission.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the
communication be received and filed. The motion Carried with the following
vote:
AYE:
NAYE:
Aldermen Baker, Cheesman, Coville, Cummings, Harrington, Hinsperger and
Janvary.
Aldermen Campbell, Hopkins, Orr, Pay and Puttick.
No. 332 - The Ombudsman/Ontarlo - Re: Proclamation. The communication
asks Council to proclaim the week of November 22nd to 28th, 1987 as "Learn About
Your Ombudsman Week".
ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the
request be approved subject to established policy. Carried Unanimously.
No. 333 -The Optimist Club - Re: Proclamation. The communication asks
Council to proclaim the week of November 8th to 14th, 1987 as "Youth
Appreciation Week".
ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the
request be approved subject to established policy. Carried Unanimously.
No. 334 - Do~nto~nNfegsra Falls - Re: Downtown Gift Givers Event. The
communication advises that the event is scheduled for November 14th, 1987, and
requests permission to use Centennial Square.
ORDERED on the motion of Alderman Orr, seconded by Alderman Pay that the request
be approved. Carried Unanimously.
No. 335 - Niagara Falls Naple Leaf Village ~heelers Hockey Club - Re:
Eleventh A1 Reid Memorial Oldtimers Hockey Tournament - January 14th to 17th,
1988, at the Stamford, Niagara South and Niagara Falls Arenas. The communica-
tion requests a Special Occasion Permit for the event.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that Council indicate it has no objection to the issdance of a special occasion
permit to the Niagara Palls Maple Leaf Village Wheelera Hockey Club for the
Eleventh A1 Reid Memorial Oldtimers Hockey Tournament to be held at the Stamford
Jack Bell Arena, Niagara South Recreation Complex and Niagara Falls Memorial
Arena on January 14th, 15th, 16th and 17th, 1988, subject to the approval of the
Regional Police Department, the Niagara Falls Fire Department, the Regional
Niagara Health Services Department and the Liquor Licensing Board of Ontario.
Carried Unanimously.
No- 336 -AldermanGeorge Brosm, City of Ottawa - Re: Amnesty
International. The communication asks Council to support the formation of a
"Politicianst Network" regarding Amnesty International.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
communication be received and filed. Carried Unanimously.
No. 337 - The Royal Canadian Legion, Branch 396 - Re: AnnUal Chippawa
'Remembrance Day Parade & Service - November 8, 1987. The communication requests
a Parade Permit for the event.
ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the
request be approved. Carried Unanimously.
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REPORTS
FD-87-08 - Chief Administrative Officer - Re: Fire Training Tower
Rehabilitation. The report recommends that Council authorize repairs to the
fire training tower at Station No. 1 to be carried out by Rison Construction &
Engineering Ltd. at a cost of $23,800.00, which includes all taxes.
Alderman Cummings declared a conflict of interest because he is a member of
a Fire Department in the City.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that the report be received and adopted. The motion Carried with Alderman
Cummings abstaining from the vote on a conflict of interest previously recorded;
and with all others voting in favour.
FD-98-09 - Chief Administrative Officer - Re: Vehicle Tenders. The report
recommends that City Council authorize the Fire Department to invite tenders for
a 1988 car and a 1988 station wagon, each with a wheel base of at least 112".
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
~D-87-73 - Chief Administrative Officer - Re: Proposed Plan of Subdivision
"Mountaingate Estates"; Owner: 527786 Ontario Limited, (Mr. Eric Henry). File
No. 26T-87015. The report recommends that the "Mountaingate Estates" Subdivi-
sion be approved subject to the conditions enumerated in this report-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously. ~
NW-87-175 - Chief Administrative Officer - Re: Contract R.C. 28-87, Curb &
Gutter and Base Asphalt Construction in Carol Subdivision. The report
recommends that the unit prices submitted by the low tenderer, Circle P Paving
Co. Ltd., be accepted and this contract be awarded.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
See Resolution No. 75.
See By-law No. 87-210.
1tW-87-191 - Chief Administrative Officer - Re: Parking Lot - Snowplowing.
The report recommends that quotations from Dominion Paving Company, United
Contracting and Ken Warden Construction Ltd. for parking lot snowplowing for the
Winter of 1987-1988, be accepted.
ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the
report be received and adopted. Carried Unanimously__.
F-87-54 - Chief Administrative Officer - Re: Municipal Accounts. The
report recommends that the accounts totalling $3,562,704.26 for the period
ending October 19, 1987, be approved by the passing of the by-law appearing
later on the agenda.
Alderman Campbell declared a conflict of interest on Cheque No. 27333
because the organization is a client; and a conflict of interest on Cheque No.
26508 because he is the payee.
Alderman Hinsperger declared a conflict of interest on Cheque Nos. 27341,
27347 and 27499 because he is employed with the company.
Alderman Puttick requested a list of Conferences and Conventions approved by
Council.
Alderman Orr requested a full report with respect to the provision of
temporary part time clerical/stenographic through Kelly Services, Niagara ~alls.
Additional information was provided on Cheque Nos. 27332, 27343, 27358,
27362, 27372, 27387, 27452 and 27514.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that
the report be received and adopted. The motion Carried with Aldermen Campbell
and Hinsperger abstaining from the vote on Cheque Nos. 27333, 27508, 27341,
27347 and 27499 consecutively, on conflicts of interest previously recorded; and
with all others voting in favour. . . . . 8
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F-87-55 - 6hief Ad~tnistrative Officer - Re: Tax Collection Policy and
Procedure. The report recommends that Council ratify the attached tax
collection policy and procedure, as amended-
A discussion followed regarding definite time restrictions for payment of
taxes. It was generally agreed that the suggested procedure be followed for the
current year, and if necessary, amendments to deadlines for payment might be
added at a future date.
ORDERED on the motion of Alderman Coville, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
RESOLUTIONS
No. 75 - CMEBSM~ - HINSPERGBR - RESOLVED that the unit prices submitted by
Circle P Paving Co. Ltd. (Stevensville) for Contract R.C. 28-87 for Curb and
Gut-ter and Base Asphalt Construction in Carol Subdivision, be accepted at the
low tendered price of $25,631.50; AND the Seal of the Corporation be hereto
affixed. Carried Unanimously-
No. 76 - CU~NGS - HINSPERGBR - RESOLVED that the Council of the City of
Niagara Falls supports a further one year extension of draft plan approval for
the Drummond Park Village Extension, 26T-80003 (Revised), and that the Regional
Municipality of Niagara be so advised; AND the Seal of the Corporation be
hereto affixed-
The motion Carried with Alderman Coville abstaining from the vote on a conflict
of interest previoosly recorded; and with all others voting in favour.
No. 77 - OR- MA~INGT~N - RESOLVED that the Council of the City of Niagara
Falls supports a further one year extension of draft plan approval for the
Mingle Subdivision, (File No. 26T-79006), and that the Reglonal Municipality of
Niagara be so advised; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously,
No. 87-210 - A by-law to authorize the execution of an agreement with Circle
P Paving Ltd. for curb, gutter and base asphalt construction in the
Carol Subdivision.
No. 87-221 - A by-law to amend By-law No. 79-200, as amended.
No. 87-222 - A by-law to amend By-law No. 79-200, as amended.
No. 87-223 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Coville abstaining from the vote on By-law No.
87-221 on a conflict of interest previously recorded; Aldermen Campbell and
Hinsperger abstaining from the vote on By-law No. 87-223 on a conflict of
interest previously recorded; and with all others voting in favour.
NEW BUSINESS
ITEM OF INTEREST:
Vlstt to South Africa -
Alderman Cheesman advised that he would like to make a presentation at the next
meeting of Council in connection with the municipal aspect of his recent visit
to South Africa.
Reception/Walker Brothers -
Alderman Puttick referred to his recent attendance, with Aldermen Harrington an~
Hopkins, at a reception sponsored by Walker Brothers, to launch the biography of
the Honourable Thomas Baker McQuesten, Minister of Highways from 1934 to 1943,
and Chairman of the Niagara Parks Commission from 1934 to 1944, and submitted
the biography to Mayor Smeaton-
Presentation to Alderman Janvary -
Alderman Puttick presented a Certificate to Alderman Janvary on behalf of the
Ministry of Municipal Affairs, in recognition of her efforts on behalf of the
Heritage Village Program at the Niagara Regional Exhibition.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 87-210 - A by-law to authorize the execution of an agreement with Circle
P Paving Ltd. for curb, gutter and base asphalt construction in the
Carol Subdivision.
No. 87-221 - A by-law to amend By-law No. 79-200, as amended. (AM-10/87,
Group 2 Development Limited, Drummond Park Village Extension 1,
Revised Plan. Report PD-87-86 approved by Council June 15/87).
No. 87-222 - A by-law to amend By-law No. 79-200, as amended. (AM-20/87, J.
& L. Armenti, 4978 Roberie Street. Report PD-87-110 approved by
Council August 10/87).
No. 87-223 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Coville abstaining from the vote on By-law No.
87-221 on a conflict of interest because the company with w~om she works has a
business interest; Aldermen Campbell and Hinsperger abstaining from the vote on
By-law No. 87-223 on a conflict of interest previously recorded in Report No.
F-87-54; and with all others voting in layout.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the
following by-laws be now reed a 8econd and third time:
Niagara Falls Fire Department/Open House -
Alderman Harrington reported on the events held at the recent Open House of the
Niagara Falls Fire Department.
It was moved by Alderman Cummings, seconded by Alderman Hinsperger, that
the meeting adjourn. Carried Unanimous
READ AND ADOPTED,
BARBARA G. SCOTT, DEPUTY CITY
S. SMEATON
THIRTY-SIXTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
October 26, 1987
Council met on Monday, October 26th, 1987, at 6:30 p.m. in Committee of the
Whole- All members of Council, with the exception of Alderman Puttick, were
present. Alderman Orr presided as Chairman.
Following consideration of the item presented,
arose to report in open Council. .~ad.
READ AND ADOPTED,
BARBARA G- SCOTT, DEPUTY CITY C~
,. ~
REGULAR M~TING
the Committee of the Whole
Council Chambers
October 26, 1987
Council met on Monday, October 26th, 1987 at 7:30 p.m. for the purpose of
considering regular business. All members of Council, with the exception of
Alderman Puttick, were present. His Worship Mayor Smeaton presided as Chairmanl
Alderman Cheesman offered the Opening Prayer.
ADOPTION OF MINUTES
It was noted that the minutes of the Council meeting held October 19th,
1987, Report No. F-87-54 were amended to include the request of Alderman Orr for
a full report regarding the provision of temporary part time clerical/steno-
graphic staff through Kelly Services, Niagara Falls.
ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that the
minutes of the meeting held October 19th, 1987, be adopted as amended.
Carried Unanimously-
DEPUTATIONS
SOCTAT. PLANNING COUNCIL -
Mr. Gary Enskat, President, and Mrs. Julie Darnay, Researcher/Administrator
of the Social Planning Council, were in attendance.
Mrs. Darnay reviewed the following new project areas and current
activities: the formulation of a local Anti-Poverty Coalition Group to enable
low-income individuals and families to improve the quality of their lives; an
investigation of the homeless discharged psychiatric persons in Niagara Falls;
a study of group homes and group home by-laws; a survey of agencies, organiza-
tions~ businesses and groups to identify overall community concerns; and the
preparation of a monthly schedule of activities and events for distribution to
the Board of Directors, as well as a copy of the schedule being submitted to
Council to provide up-to-date information on the Social Planning Council's
projects and activities.
His Worship Mayor Smeaton expressed appreciation to Mr. Enskat and Mrs.
Darnay for their efforts.
BY-LAW NO. 77-75, AS AMENDED. ~tiA FENCK BY-LAW-
Communication No. 338 - Frank Certo - Re: By-law 77-75 as amended. The
Fence By-law. The communication requests permission to address Council regard-
ing approval of a 6' high fence to separate the subject property at 7004 Lundy's
Lane and the adjacent lands of the All Seasons Motor Inn, 7034 Lundy's Lane.
jl! I
-2-
Mr. and Mrs. Frank Certo were in attendance- Mrs- Certo reviewed and
submitted a written presentation with respect to previous actions taken regard-
ing the requested approval of a 6' high fence on the property known as 7004
Lundy's Lane.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that the
matter be referred to Staff for further comments. Carried Unanimously.
VISITTO SOIITItAF~ICA-
Alderman Cheesman presented a report regarding the municipal aspect of his
recent visit to South Africa. He discussed his meeting with officials in
Johannisberg, Durban and Cape Town, and submitted letters to Mayor Smeaton on
behalf of these officials- Alderman Cheesman advised of a meeting he had
recently artended with The Right Honourable Charles Joseph Clark, Secretary of
State for External Affairs~ and other Members of Parliament, at which time
information wi~ respect t?.~outh Africa was considered.
~is Worship Mayor Smeaton expressed appreciation to Alderman Chessman, on
behalf of Council.
'VICIOUS DOCS'- LKGISLATIVE FRAI~R~S -
S-87-17 - Chief Administrative Officer - Re: "Vicious Dogs" - Legislative
Framework. The report provides information regarding the legislative framework
respecting vicious dogs, and recommends that the report be received and filed
for the information of Council.
During the discussion, His Worship Mayor Smeaton referred to the recent
attack by a vicious dog on a citizen of the community, and his invitation to the
following concerned persons to attend Council: Mrs. Pauline Tanos, 6614 Ash
Street; Mrs. Kathy Matechuk, 6507 Ash Street; Mrs. Mary Walkden, 6543 Taylor
Street; Mrs. Mary Glass, 4931 Victoria Avenue; and Mr. Doug Green, Manager,
Niagara Falls Humane Society.
A discussion followed regarding the legaldefinition of a vicious dog and
by-laws in Canada concerning these animals; the responsibility of the Humane
Society, Medical Officer of Health, and the police Department with respect to
dogs running at large, in a general way, and in connection with the recent ..
attack and the Court Hearing scheduled for November 2, 1987.
Mr. Doug Green, Manager, Niagara Falls Humane Society, explained the
procedure and actions taken in the past. He explained that the dog was not
running at large when the Humane Society visited, but was in the house. In
reply to questions raised, he stated that if the dog was found running at large
again, and could be "handled", there would be no need to destroy the dog. "If
we can handle any dog we can take it to the shelter"-
In response to questions raised, the Solicitor advised that there was
currently no authority to allow the Humane Society to enter the premises and
take the dog. He stated that if the dog should be found running at large again,
there is legislation empowering Niagara Regional Police Officers or the Humane
Society to seize and destroy the dog running at large, as specified in the
by-law, and further, that the Humane Society is required to enforce the City
by-law. The Solicitor discussed a by-law with respect to vicious dogs which has
been passed in the City of Toronto.
Mrs. Mary Walkden, Mrs. Cathy Matechuk, and Mrs. Saute Sticca of 6490 Ash
Street, expressed concerns regarding the dog, in terms of danger to all-people
in the neighbourhood and in particular to children attending the school which is
adjacent to the property of the dog's owner; the dog attacking without provoca-
tion; the liability the City may have if the dog runs at large again and attacks
children in the schoolyard; the necessity of keeping children safely indoors;
and suggested that a Police cruiser remain in front of the dog owner's house
until further action is taken· '~-~ ',I '!.: i,: ..,:;:m,u .J-~ · "
During the discussion a request was made for clarification of Item (d) in
the City of Niagara Falls' c~rrent by-law; the definition of a vicious dog;
any previous incidents respecting the dog in question; and the suggestion made
to Mrs. Matechuk by a member of the Humane Society, that she buy a gun.
-3-
ORDERED on the motion of Alderman Harrington, seconded by Alderman
Chessman, that the matter be referred to Staff to draft a by-law similar to the
City of Toronto by-law, and submit a report to Council. The motion Carried with
the following vote:
AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Harrington,
Hinsperger, Hopkins, Janvary and Pay.
NAYE: Alderman Orr.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell,
that His Worship Mayor Smeaton contact the Medical Officer of Health with the
request that the dog be removed from the home and quarantined until November
2nd, 1987, the date of the Court Hearing. Carried Unanimously.
MR. CYMcCUICAN-
Mr. Cy McGuigan submitted his concerns regarding a newly constructed
building at the corner of Bridge Street and River Road, as requested at the
Council meeting held on October 19th, 1987. His Worship Mayor Smeaton advised
that the matter would be placed on the agenda of the next Council meeting-
UNFINISHED BUSINESS
NgWSPAPER BOXBS ON MUNICIPAL PROPERTY -
CD-87-72 - Chief Ad~nistrattve Officer - Re: Newspaper Boxes on Municipal
Property. The report recommends that Council pass an appropriate by-law to
authorize the execution of agreements with newspaper companies with respect to
the placing of newspaper vending boxes on municipal road allowances, and
further, that the agreements incorporate the provisions enumerated in the
report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
ACCEPTANCE OF NON-H~A~nOUS SOLID WASTR FROM HALTON BY WALKBR BROS, LTD.
NW-87-192 - Municipal Works Co~4ttee - Re: Acceptance of Non-Hazardous
Solid Waste from Region of Halton by Walker Brothers Quarries Limited. The
report recommends the following:
1)
That the Environmental Assessment Board be advised by letter that the City
of Niagara Falls is opposed to the application by Walker Brothers Quarries
Limited to accept non-hazardous solid waste from the Region of Halton as it
may affect the availability of space at the Walker Brothers Quarries for
the City, if and when it is needed, but that the City has no objection to
the application by Walker Brothers Quarries Limited to accept non-hazardous
solid waste from St. Catharines, Port Colborne, and Wainfleet;
2)
That the City participate at the Hearing to the extent of having Municipal
Works Staff present to observe and monitor same, but that the City not be
represented as a party or engage and call expert witqesses (Consultants);
3)
That the City express its concerns to the Ministry of the Environment on
the inordinate length of time experienced by municipalities in acquiring
approvals for new landfill sites;
4) That the attached report be received and filed for information.
Following a discussion, it was moved by Alderman Chessman, seconded by
Alderman Pay, that recommendation number 2 of the report be amended to include a
recommendation that His Worship Mayor Smeaton attend the hearing and present the
concerns of City Council. Carried Unanimously.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville,
that the amended report be received and adopted. Carried Unanimously.
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-4-
Alderman Baker retired from the meeting.
USE OF KELLY SERVICES -
P-87-25 - Chief A~mtuistrative Officer - Re: Use of Kelly Services- The
report provides information regarding the temporary clerical/stenographic
assistance provided to the Solicltor~s Office through Kelly Services, and
additional information with respect to temporary clerical employees on the City
payroll; and recommends that the information be submitted to Municipal Council.
Alderman Orr submitted a response to the report.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Janvary, that
the report be received and adopted- Carried Unanimously.
NIAGARA FALLS HYDRO-ELECTRIC COI~4ISSION/JURISDICTION OF MUNICIPAL COUNCIL -
S-87-16 - Chief Administrative Officer - Re: Niagara Falls Hydro-Electric
Commission and Jurisdiction of Municipal Council. The report provides informa-
tion regarding the authority requiring Council to approve pay increases for
members of the Commission, as well as the other power Council exercises over the
Commission; and recommends that the report be received and filed for the
information of Council.
ORDERED on the motion of Alderman Coville, seconded by Alderman Harrington, that
the report be received and adopted. Carried Unanimously-
COMMUNICATIONS
No. 339 - Regional Niagara Office of the Clerk - Re: Status Report on
Construction Projects Currently in the Preconstruction Stage. The communication
attaches Report DEA-315 regarding the subject matter.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that
the communication be received and filed. Carried Unanimously.
No. 3&O - City of Niagara Palls NoTProfit Housing Corporation - Re:
Percentage of Mix of Rent Geared to Income Tenants in Non-Profit Housing
Projects. The communication attaches information and expresses concerns regard-
ing the recent provincial action to further increase the G.R.I. elements of new
Projects.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the communication be received and filed. It was further recommended that
the communication be circulated to Councils in other municipalities, and to non-
profit groups in the City, for a response and support- Carried Unanimously.
No. 341 - City of Toronto, Department of the City Clerk - Re: "Conversion
of Rental Housing to Hotel Use Under the Rental Housing Protection Act, 1986".
The communication asks Council to endorse recommendations encouraging the
Provincial Goverment to expedite prosecutions on the conversion of rental
housing stock to hotels, and to provide funds to increase its Investigations &
Enforcement Branch associated with the Rental Housing Protection Program.
ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that the
recommendations be supported. The motion Carried with the following vote:
AYE: Aldermen Campbell, Coville, Cummings, Herrington, Hinsperger, Hopkins,
Janvary, Orr, and Pay.
NAYE: Alderman Chessman.
No, 342 - City of Welland - Re: Municipal Industrial Strategy and Abatement
(MISA) Program. The communication refers to the Provincial MISA Program for
more stringent requirements for water and sewage treatment~ and asks Council to
endorse a resolution that the Federal Government be petitioned to contribute
'their fair share in the amount of 33.3% of the total cost.
ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the
resolution be endorsed. Carried Unanimously.
No. 343 ,- Ontario Administrators' Association - Re: O.M.E.R.S. Brief to the
Rowan Task Force on Pensions. The communication requests Council to support a
resolution objecting to any proposal which would merge O.M.E.R.S. investments
with other public sector pension funds, and which would in effect compromise
O.M.E.R.S. investment policies-
ORDERED on the motion of Alderman Harrington, seconded by Alderman Pay, that the
communication be received and the resolution supported. Carried Unanimously.
See Resolution No. 79.
No. 344 -KinJerry of Colleges and Universities - Re: Initiatives for
Ontario's Colleges of Applied Arts and Technology. The communication discusses
initiatives to strengthen communication and consultation between the College and
its community, and a draft proposal for the nomination and appointment of board
members from outside the College.
Alderman Orr declared a conflict of interest because she is employed by the
Board.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Coville,
that the communication be received and the Ministry advised of the Council's
concern that the City of Niagara Falls continue appointing a representative to
the Board. The motion Carried with Alderman Orr abstaining from the vote on a
conflict of interest previously recorded, and with all others voting in favour.
No. 345 - Regional Niagara Planning & Development Department - Re: Soil
Suitability Rating System for Grapes - A Study of its Reliability. The
communication encloses Report DPD 2232.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville,
the communication be referred to the Planning Staff for comments-
Carried Unanimously,
that
No- 346 - Niagara Falls Economic Development Agency - Re: Business Parks
Lands. The communication discusses the possible repurchase of three lots in the
Industrial Subdivision.
ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the matter
be tabled for further information. Carried Unanimously.
REPORTS
B-87-83 - Chief Administrative Officer - Re: The Buildings & Inspections
Department Report for September 1987. The report provides information regarding
Permits Issued and Highlights for September, 1987, as well as October Proposals.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and filed- Carried Unanimously.
B-87-84 - Chief Administrative Officer - Re: Lions Club - Drummond Road
Swimming Pool. The report recommends that Council authorize the expenditure of
$5,599.95 to replace and improve the backwash drain serving the Lions Club
Swimming Pool.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
CD-87-74 - Chief Administrative Officer - Re: Proposed Plan of Subdivision,
"Parkway Acres"; Owner: P. & M. RadoJcic, and K. & M. Radulovich. File No.
26T-87010. The report recommends that the "Parkway Acres" Subdivision be
approved subject to the conditions enumerated in this report.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Herrington, that
the report be received and adopted. Carried Unanimously..
MW-87-199 -Municipal Works Cca~nittee - Re:
1)
Committee Reports:
MW-87-197, Engineering Assignment for Study and Report on Remedial
Measures for Basement Flooding for Chippawa Community -
The report recommends that the services of DeLCan, De Leuw Cather, Canada
Ltd,, be obtained to undertake a study and prepare a report on remedial
measures for basement flooding for the Chippawa community at an estimated
cost of $43,850,00; .... 6
that
2)
that
6
ORDEP~ED on the motion of Alderman Hinsperger, seconded by Alderman Pay,
the recowanendatton be received and adopted. Carried Unanimously.
MW-87-198, Engineering Assignment, Mewburn Road SanLtar~ Sewer System-
It is recommended that the services of Robert M. Martin Engineering and
Project Management Inc. be engaged to undertake the engineering design,
prepare contract documents, prepare tender call, provide construction
layout, provide construction inspection and provide contract administra-
tion related to the installation of the Mewburn Road sanitary sewer system
at an estimated cost of $43,200.00.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay,
the recommendation be received and adopted. Carried Unanimously.
F-87-56 - Chief Administrative Officer - Re: Municipal Accounts. The
report recommends that the accounts totalling $2,244,969.76 for the period
ending October 26th, 1987, be approved by the passing of the by-law appearing
later on the agenda.
Alderman Coville declared a conflict of interest on Cheque No. 27633
because she is employed with the company.
Alderman Harrington declared a conflict of interest on Cheque No. 27681
because his wife is a Past-President of the organization.
Additional information was provided on Cheque No. 27633.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington,
that the report be received and adopted. The motion Carried with Aldermen
Coville and Harrington abstaining from the vote on Cheque Nos. 27633 and 27681
consecutively, on conflicts of interest previously recorded; and with all others
voting in favour.
C-87-23 - Chief Administrative Officer - Re: Mileage Allowance -
Out-of-Town Conferences & Conventions- The report provides information with
respect to mileage allowances for out-of-town conventions for elected and
appointed officials, and attaches a list of payments made during the current
year covering mileage allowances to conferences and conventions.
ORDERED on the motion of Alderman Coville, seconded by Alderman Pay, that the
report be received and adopted. Carried Unanimously.
M-87-O7 - Mayor Smeaton - Re: Appointment of Director of Finance. The
report which was passed by the Committee of the Whole at a meeting held earlier
this evening, recommends that Robert Lewis be appointed to the position of
Director of Finance effective February let, 1988, subject to the conditions
presented by the Selection Committee, and agreed to the applicant.
ORDERED on the motion of Alderman Janvary, seconded bY Alderman Orr, that the
report be received and adopted. Carried Unanimously.
RESOLUTIONS
No, 78 - PAY - Ca~gSMAN - RESOLVED that the City of Niagara Falls support
the request of the Regional Municipality of Niagara to petition the Ministry of
Transportation to undertake a study of the potential for the introduction of a
GO Transit System into the Province's Niagara Region; AND the Seal of the
Corporation be hereto affixed,
Carried Unanimously.
No, 79 - Cff~gBMAN - Cff~NCS - RESOLVED that the Council of the City of
Niagara Falls strongly objects to any proposal which would merge O.M.E.R.S.
investments with other public sector pension funds and which would in effect
, compromise O.M.E.R.S. investment policies; AND the.Seal of. the: Cqrporation be
hereto affixed. ,
!. Carried Unanimously.
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BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded hy Alderman Janvary, that
the following by-law be read a third time:
No. 86-257 - A by-law to authorize the construction of certain works as
local improvements under section 12 of the Local Improvement Act.
Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 87-224 - A by-law to allow the maintaining and using of a building which
encroaches on Second Avenue.
No- 87-225 - To provide monies for general purposes.
T~'~motion CaFrted with Aldermen Coville and Harrington abstaining from the vote
on~Y~la~N~25, on conflicts of interest previously recorded in Report No.
87-56; and ~!th all others-voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the following by-laws be now read a second and third time:
No. 87-224 - A by-law to allow the maintaining and using of a building which
encroaches on Second Avenue.
No. 87-225 - To provide monies for general purposes.
The motion Carried with Aldermen Covflle and Harrington abstaining from the vote
on By-law No. 87-225, on conflicts of interest previously recorded; and with all
others voting in favour.
NEW BUSINESS
Condition of Property/6910 Kalar Road -
Alderman Pay referred to the condition of the apartment building under
construction at 6910 Kalar Road, which was partially funded by the Province, and
has apparently been abandoned by Vic John Contractor. He stated that the
condition of the building is dangerous; the structure is open to the weather,
with water in the basement; and the building has been vandalized. It was
suggested that the Province be contacted regarding this situation.
The Director of Buildings and Inspections advised that the property is for
sale, the contractor has been legally approached to correct the conditiona~ and
arrangements have been made to post signs and secure the property prior to
October 31st, 1987.
Traffic Light - Portage Road -
Alderman Cummings expressed concern regarding the trafficI light situation near
Stamford Court on Portage Road, and asked that the matter be referred to Staff
for a report.
BAse & Shine for ~nited Way - Breakfast Days -
Alderman Cheesman referred to the handout information regarding the above
mentioned Breakfast Days scheduled for November 2nd, 4th and 6th, 1987, and the
participation of Council members.
Annual Business Appreciation Night -
His Worship Mayor Smeaton discussed information received from the Niagara Falls
Economic Development Agency regarding the Annual Business Appreciation Night
scheduled for Thursday, October 29th, 1987, and encouraged members of Council to
attend.
-8-
Public Meeting/Affordable Housing -
On behalf of the Social Justice Committee of the Y.W.C.A-, Mrs. R. Harrington
announced the Public Meeting to be held on Affordable Housing at the LaMarsh
Room in the Niagara Falls Public Library, on November 10, 1987, 7:00 p.m. to
9:00 p.m-
secon e Alderman Orr,
It was moved by Alderman Pay, ~
· ·
adjourn. Carried Unanimously. .~ ~
that the meeting
READ AND ADOPTED,
SCOTT, CITY CLERK',
BARBARA G. DEPUTY W'FF .*.
THIRTY-SEVENTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2-
November 2, 1987
Council met on Monday, November 2nd, 1987, at 7:15 p.m. in Committee of the
Whole. All members of Council, with the exception of Alderman Campbell, were
present- Alderman Puttick presided as Chairman.
Following consideration of the ~[r~'~ae~nted, the Committee of the Whole
arose without reporting.
READ AND ADOPTED,
BARBARA G. SCOTT, DEPUTY CITY CL.
REGUL~ ~4~I'~NG
Council Chambers
November 2, 1987
Council met on Monday, November 2nd, 1987 at 7:30 p.m. for the purpose of
considering regular business- All members of Council, with the exception of
Alderman Campbell, were present. His Worship Mayor Smeaton presided as
Chairman. Alderman Cummings offered the Opening Prayer. ~
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Pay, seconded by Alderman Orr, that the
minutes of the meeting held October 26th, 1987, be adopted as printed.
Carried Unanimously-
DEPUTATIONS
MOTOR HOTKL -
Communication No. 347 - Charles Ryall, Solicitor - Re: Regency Motel
Application for Sewage Force Main. The communication requests permission to
address Council on behalf of the Regency Motor Hotel, with respect to the
application for construction of a sewage force main to be connected with the
public sewer system at the corner of Thorold Stone Road and Kalar Road.
Mr. Charles Ryall addressed Council on behalf of his client, Mr. Harvey Ho
who was in attendance- Mr. Ryall presented an historical overview of a written
submission, including letters from the City of Niagara Falls Planning
Department; H. & M. Haulage; Kasper Land Drainage Inc.; Niagara Microtech
Laboratory; Regional Niagara Public Works, Planning & Development and Health
Services Departments, supporting the request that Council approve the installa-
tion of a sewage force main with costs to be absorbed by the Regency Hotel, as
well as the installation of a women's softball diamond to be used in conjunction
with other leisure facilities at the Regency Motor Hotel.
Mr. Bruno Carusetta, Senior Planner, Niagara Escarpment Commission,
Grimsby, reviewed a written submission providing historical information in this
matter, advised that the subject property is in the quadrant of the City which
is within the Niagara Escarpment Commission control area and any developments
require permits from the N.E.C. He discussed attempts by the N.E.C. to persuade
Mr. Ho to make appropriate applications, and the issuance and temporary
postponement of a restoration order to remove the third baseball diamond by May
31, 1987. Mr. Carusetta explained the position of the Regional Health Services
Department with respect to health problems, and the current septic system.
Following a lengthy discussion, it was moved by Alderman Puttick, seconded
by Alderman Pay~ that approval be given for a force main to be installed
connecting to Municipal services with costs to be fully borne by Mr. Harvey Ho~
-2~
- 3 -
and further, that Council was of the opinion that the third baseball diamond
would not be detrimental to anyone. The motion was Defeated with the following
vote:
AYE: Aldermen Cummings, Pay and Puttick.
NAYE: Aldermen Baker, Chessman, Coville, Harrington, Hinsperger, Hopkins,
Janvary and Orr.
UNFINISHED BUSINESS
PROPOSED BY-LAW TO CONTROL VICIOOS DO~S -
Report N~ C-87-25 - Chief Administrative Officer - Re: Proposed by-law to
Control-Vicious Dog~. The report recommends that Council consider the possible
passing 0f~a b~l'a~iu thd form attached, to control vicious dogs, and that
prior to reaching a decision, a copy of the suggested draft be referred to the
Humane Society for their comments.
During the discussion, questions were raised with respect to section (e) of
the draft by-law, in terms of determination of provocation, and an inventory of
vicious dogs, as well as an appeal mechanism.
ORDERED on the motion of Alderman Coville, seconded by Alderman Janvary, that
the report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Baker, Chessman, Coyills, Cummings, Harrington, Ntnsperger,
Hopkins, Janvary, Pay and Puttick.
NAYE: Alderman Orr.
INP~NTATION OF BY-LAW 8?-143 BEING A BY-LAI/RESPECTING SMOKING -
Report No. C1)-87-77 - Chief Adatnietrative Officer - Re: Implementation of
By-law 87-143 Being a By-law Respecting Smoking. The report recommends that
Council authorize the expenditure of $2,300.00 for the purchase of graphic
symbol signs as outlined hereunder and as required for installation by By-law
87-143, and their sale at a price sufficient to recover purchase and
distribution costs.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that
the report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Baker, Cheesman, Coville, Cummings, Marrington, Minsperger,
Hopkins, Janvary, Pay and Puttick.
NAYE: Alderman Orr.
CY NcGUIGAN - CORNER BRIDGE ST. & RIVER ROAD -
His Worship Mayor Smeaton advised Mr. Cy McOdigan, who was in attendance,
that a letter was being forwarded to him direct regarding the concerns regarding
the above named property.
CO~ff4UNICATIONS
No. 348 - London Union of Unemployed Workers - Re: "March Against Poverty".
The communication asks Council to approve a resolution supporting the efforts of
the organization,
ORDERED on the motion of Alderman Pay, seconded by Alderman Chessmantibet a
copy of the communication be follarded to the Social Planning Council and the
local Unemployed Help Centre for comments. Carried Unanimously.
Mo. 349 - Large Urban SectZoo-Association of Municipalities of Ontario (AMO)
- Re: Lot Levies - Seminar. The communication advises of a one day seminar
on lot levies, scheduled for November 20, 1987 at the Skyline Hotel, Etobtcoke.
Aldermen Chessman and Pay volunteered to attend.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Janvary, that
members of Council and Staff attend the Seminar, Carried Unanimously.
REPORTS
PD-87-149 - Chief Ad~nistrattve Officer - Re: Request for Building Permits
for Parts 1, 2, 4, 5, 7, and 8, Reference Plan 59R-5128, Pt. Lots 15 & 16,
Concession 1, Willoughby Drive. The report recommends that the request for
Building Permits for Parts 1, 2, 4, 5, 7 and 8 of Plan 59R-5128 be approved
subject to the following conditions prior to the issuance of said building
permit:
1) Agreements being entered into with the owners of the subject lots relative
to the City's requirements; and
The required approvals and permits being received from those agencies
referenced in the report.
During the discussion, it was suggested that Staff monitor the situation
and keep Council informed.
ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the
report be received and adopted. Carried Unanimousl~
B-87-85 - Chief Administrative Officer - Re: Revised Site Plan Approval -
Coombes Toyota - 4421 Drummond Road. The report recommends that Council approve
the revision to the site plan to allow the paving of a portion of the front yard
as indicated on the attached site plan.
Alderman Puttick declared a conflict of interest because he is employed in
automobile sales.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Pay, that
the report be received and adopted. The motion Carried with Alderman Puttick
abstaining from the vote on a conflict of interest previously recorded; and with
the following vote:
AYE: Aldermen Baker, Cheesman, Coville, Cummings, Marrington, Hinsperger,
Hopkins, Janvary and Pay.
NAYE: Alderman Orr.
Mk/-87-200 - Chief Adainistrative Officer - Re: Contract G.C. 15-87 -
Services on Ethel Street Extension in the Charnwood Subdivision. The report
recommends that the unit prices submitted by the low tendeter, Master Paving &
Construction (Niagara Falls) Ltd. be accepted and this contract awarded subject
to approval of the underground works by the Ministry of the Environment.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Minsperger,
that the report be received and adopted. Carried Unanimously.
See Resolution No. 82.
NW-87-201 -Nunicipol Works Committee - Re: Committee Reports. The report
recommends the following:
l)
RW-87-193 - TransCanada Pipelines, Transmission Line Improvements -
It is recommended that the National Energy Board be'advised that the City
of Niagara Falls has no objection to the proposed transmission line
improvements to the TransCanada Pipelines subject to mitigation of
construction related impacts on the Beaverdams and Shriner's Creek water-
sheds satisfactory to the Niagara Peninsula Conservation Authority.
2)
M~-87-195 - C~lcium Chloride Spray System-
It is recommended that Pollard Highway Products be authorized to supply an
overhead Calcium Chloride Spray system for the winter months at a cost not
to exceed $4~500.00·
3)
M~-87-188 - Rodent Control -
It is recommended that no change be made on our existing policy on rodent
control.
4) MW-87-196 - Remedial Heasures, Westlane/Westwooa SaEttary Sewer System
It is recommended that:
(i)
Funds be placed in the 1988 year of the 1988 five-year Capital Budget
in order that sanitary relief sewers proposed in Stage 1 of the
Proctor and Redfern Ltd. report entitled "Stormwater Management Study
Westlane/Westwood' can be constructed in 1988;
(ii)
Funds be placed in the 1989 and 1990 years of the 1988 five-year
Capital Budget in order that sanitary relief sewers proposed in Stage
2 and Stage 3 of the Proctor and Redfern Ltd. report entitled,
"Stormwater Management Study Westlane/Westwood" can be constructed in
1989 and 1990 respectively; and that
(ill)Subject to funds being placed in the 1988 year of the next five-year
Capital Budget, Proctor & Redfern Ltd. be engaged to prepare design
drawings and specifications, prepare tender calls, provide construc-
tion layout, undertake construction inspection and provide contract
administration services for sanitary relief sewers proposed through
Stage 1 of the report mentioned in the previous recommendations, at an
estimated cost of $53,800.00.
ORDERED on the motion of Alderman Coyills, seconded by Alderman Pay, that the
report be received and adopted. Carried Unanimously-
1e4-87-202 - Chief Administrative Officer - Re: 1987 Tree Planting Program
Contract T.P. 31-87. The report recommends that the unit prices submitted by
the low tendeter, G.M. Nurseries, be accepted and this contract be awarded.
ORDERED on the motlon of Alderman Cummings, seconded by Alderman Chessman, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 83.
See By-law No. 87-226.
C~)-87-76 - Chief Ad~{nistrative Officer - Re: Preparation of Quit Claim
Deed, Former Township of Willoughby to John Murphy Teal. The report recommends
that an appropriate by-law be passed by Council authorizing the execution of a
Quit Claim Deed to convey a portion of an unopened road allowance, located in
the former Township of Willoughby, to Mr. John Murphy Teal, and that the costs
of the survey plan, if one is required, be paid by the applicants-
ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the
report be received and adopted. Carried Unanimously.
C-87-24 - Chief Admin~strative Officer - Re: Lo~ 7, Reg. Plan M-67. The
report recommends that Council authorize the sale of Lot 7, Registered Plan M-67
to Halim Badawy, at the purchase price of $113,660.00 subject to the purchaser
entering into the City's standard Agreement of Purchase and Sale, and Council
enact the by-law to authorize the sale of this property.
Alderman Coville declared a conflict of interest because her place of
employment has a business interest in the subject lands.
ORDERED on the motion of Alderman Pay, seconded by Alderman Herrington,
that the report be received and adopted. The motion Carried with Alderman
Coville abstaining from the vote on a conflict of interest previously'recorded;
and with all others voting in favour.
See By-law No- 87-229.
F-s7-57 - Chief Adsdnistrative Officer - Re: Municipal Accounts. The
report recommends that the accounts totalling $5,516,727.41 for the period
ending November 2nd, 1987 be approved by the passing of the by-law appearing
later on the aSenda.
Alderman Chessman declared a conflict of interest on Cheque No. 27911
because his wife is employed with the Board·
Alderman Herrington declared a conflict of interest on Cheque No- 27896
because his wife is Past President of the organization.
Alderman Hinsperger declared a conflict of interest on Cheque Nos. 27815
amd 27828 because he is employed with the company.
Additional information was provided on Cheque Nos. 27825, 27913, 28035, and
28058.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Orr, that the
report be received and adopted. The motion Carried with Aldermen Cheesman,
Harrtngton and Hinsperger abstaining from the vote on Cheque Nos. 27911, 27896,
27815 and 27828 consecutively, on conflicts of interest previously recorded; and
with all others voting in favour.
C'0-87-75 - Chief Administrative Officer - Re: Encroachment - 4119 May
Avenue. The report recommends that the application for the passing of a by-law
to permit the continuation of the encroachment of a dwelling municipally
described as 4119 May Avenue, upon a laneway adjacent to the said dwelling, be
approved, and an appropriate by-law be passed by Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the
report be received and adopted. Carried Unanimously__.
RESOLUTIONS
No. 80 - PAY - 6~tEgSMAN - RESOLVED that WHEREAS the Ontario Trucking
Association in conjunction with large trucking companies, is petittoning the
Provincial Government to allow truck trailers in the form of large double and
triple tractor truck combinations on Highway 401 and other Ontario Highways;
AND WHEREAS this Council is deeply concerned over any increase in tractor
trailer size over what is presently allowed for the following reasons:
(a)
The larger the truck unit, the greater the risk to the environment,
health and safety of the population at large due to collision, toxic
spill, explosion, fire, etc.
(b) Allowing larger truck units on Highway 401 is only the beginning, as it
would eventually spread to other highways through built-up areas.
(c) Council is already very aware and concerned about the potential hazards
caused by truck traffic on the Q.E.W. through the Niagara Peninsula.
(d)
In wet weather, it is very hazardous for motorists following or trying
to pass the double units presently on the highways, as windshield
wipers are virtually useless in this situation when one must drive
blind the length of the truck unit.
(e) The damage to public highways must be considered when a very large
portion of maintenance of same comes from the motoring public at large.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Niagara Falls
petition the Nonourable Ed Fulton, Minister of Transportation, advising of its
strong opposition to any legislative changes that would increase the risk factor
to motorists using the public highways in Ontario, and requesting the Minister
to fully investigate and assess the impact of large tractor trailer combinations
on Ontario Highways based on the safety to motorists and the risk to the
environment when considering such legislative changes.
AND BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to all
Cities in Ontario with a population of 50,000 and over.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
-6-
No- 81 - ORR- PAY - RESOLVED that a message of condolence be forwarded to
the family of the late Mrs. Mary Harris, a well respected member of the
community; and mother of Michael Harris, an employee of the City of Niagara
Falls; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
No. 82 -CUMMIMGS - HIMSPERCER - RESOLVED that the unit prices submitted by
Master Paving & Construction (Niagara Falls) Ltd., for Contract G.C- 15-87 -
services on Ethel Street Extension in the Charnwood Subdivision, be accepted at
the low tendered amount of $71,985.48; AND the Seal of the Corporation be
hereto affixed.
Carried Unanimously.
No. 83 - CU]~{INGS - c~SMAN- RESOLVED that the unit prices submitted by
G.M. Nurseries (Welland) for the 1987 tree planting progran~me - Contract T.P.
31-87, be accepted at the low tendered amount of $9,629.09; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 87-226 - A by-law to authorize the execution of an agreement with G.M.
Nurseries for the 1987 tree planting programme.
No- 87-227 -
A by-law to authorize the execution of an agreement with Master
Paving & Construction (Niagara Falls) Ltd- for sewermains, water-
mains and base road construction in the Charnwood Subdivision Ethel
Street Extension.
No. 87-228 -
A by-law to amend By-law No. 79-197, as amended, concerning the
appointment and salaries of members of the Niagara Falls
Hydro-Electric Commission.
No- 87-229 - A by-law to authorize the sale of land in the Falls Industrial
Park Extension.
No. 87-230 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Puttick voting contrary on By-law No. 87-228;
Alderman Covllle abstaining from the vote on By-law No. 87-229 on a conflict of
interest previously recorded in Report No. C-87-24; Aldermen Chessman,
Harrington and Hinsperger abstaining from the vote on By-law No. 87-230, on
conflicts of interest previously recorded in Report No. F-87-57; and with all
others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the
following by-laws be now read a second and third time:
No. 87-226 - A by-law to authorize the execution of an agreement with G.M.
Nurseries for the 1987 tree planting programme.
87-227 -
A by-law to authorize the execution of an agreement with Master
Paving & Construction (Niagara Falls) Ltd. for sewermains,
watermains and base road construction in the Charnwood Subdivision
Ethel Street Extension.
No. 87-228 -
A by-law to amend By-law No. 79-197, as amended, concerning the
appointment and salaries of members of the Niagara Falls
Hydro-Electric Commission.
7
No. 87-229 - A by-law to authorize the sale of land in the Falls Industrial
Park Extension.
No- 87-230 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Puttick voting contrary on By-law No. 87-228;
Alderman Coville abstaining from the vote on By-law No. 87-229 on a conflict of
interest previously recorded; Aldermen Chessman, Harrington and Hinsperger
abstaining from the vote on By-law No. 87-230 on conflicts of interest previous-
..~y re~ded; and with all o'thers voting in favour.
,h.~,::~.,,~.~..~,~:~.. ,:
NEW BUSINESS
ITEM OF CONCERN:
S~oktng In Council Chambers -
Alderman Cummings advised that prior to the Council meeting this evening, he had
been aware that someone had been smoking in the Council Chambers earlier in the
day, and asked that additional "No-Smoking Signs" be posted in the Chambers to
avoid a recurrence.
Region of llalton/Walker Brothers Quarries Lid, - Hearing -
Alderman Pay referred to his presence, earlier today, at the Environmental
Assessment Board Hearing with respect to the application of the Region of Halton
to use the dump site at Walker Brothers Quarries for non-hazardous waste for a~
three year period. He discussed the consideration given to the Region of Halton
being asked to pay an amount of $50,0OO.00 to the Region of Niagara to cover the
cost of signalization for trucks to the dump site, and the increased truck
traffic, as well as the possibility of a request for an extension at the end of
the three year period.
AgO Conference Reception -
Alderman Puttick discussed his letter to AM0 dated September 1st, 1987, a copy
of which was submitted as a handout to Council members, regarding the possibil-
ity of changing the social arrangement for the reception preceding the annual
banquet, and the inclusion of spouses at the two breakfasts. He reviewed a
letter of response he had received from the Executive Director of AMO which
indicated that the question of reserved seating for the annual banquet requires
further study by the 1988 Annual Conference Committee. Alderman Puttick
expressed the view that funds should be "going back into the Conference".
Q.E.W./Thorold Stone Road -
Alderman Janvary expressed concern regarding the access ramps at the
intersection of the Q.E.W. and Thorold Stone Road, and suggested that the matter
be investigated.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that a
communication be forwarded to the Minister of Transportation expressing the
concerns of Council. Carried Unanimously.
ITEMS OF INTEREST:
"Weight Watchers Poundathon Month For Diabetes" -
His Worship Mayor Smeaton referred to the month of November 1987 as "Weight
Watchers Poundathon Month for Diabetes".
Niagara Falls Economic Development Agency/Business Appreciation Night -
Alderman Harrington referred to the presence of members of Council at the
Business Appreciation Night sponsored by the E.D.A. He referred to the Guest
Speaker, Larry Smith, Economist at the University of Waterloo~ and advised that
the evening had been a great success.
8
It was moved by Alderman Puttick, seconded by Alderman Cheesman,
meeting adjourn. Carried
READ AND ADOPTED~
BARBARA G. SCOTT, DEPUTY CITY
L~YOR WII
that the
SMEATON
r
THIRTY-EIGHTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
November 9, 1987
Council met on Monday, November 9th, 1987, at 6:15 p.m. in Committee of the
Whole. All members of Council were present. Alderman Campbell presided as
Chairman.
Following consideration of the
arose to report in open Council.
the Committee of the Whole
READ AND ADOPTED,
BARBARA G. SCOTT, DEPUTY CITY
S. SMEATON
PLANNING/R[ MEETING
Council Chambers
November 9, 1987
Council met on Monday, November 9th, 1987, at 7:30 p.m. for the purpose of
considering Planning Matters and regular business. All members of Council were
present. His Worship Mayor Smeaton presided as Chairman. Alderman Hinsperge~
offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
minutes of the meeting held November 2nd, 1987, be adopted as printed.
Carried Unanimously.
WELCOME
14TBNI&(~ARA DISTRICT BROWNIES -
His Worship Mayor Smeaton welcomed members of the 14th Niagara District
Brownies~ Leader Jan Foster, and Assistants, Joan O'Banion and Cindy Maliers to
the meeting.
REPORTS - PLANNING MATTERS
PB-87-152 - ~hief Administrative Officer - Re: Official Plan Amendment 165,
Orsini Bros., Lundy's Lane/Belmont Avenue. The report recommends that Council
support the proposed amendment to the Official Plan to redesignate the subject
lands from Residential to Tourist Commercial.
- AND -
Communication No. 350 - P.A. Pasquet, P. End-, L.J. Kitney, and L.B, Pratt -
Re: Official Plan Amendment No. 165, Lundy's Lane and Belmont Avenue. The
communication expresses concern regarding the possibility that an inappropriate
development would adversely affect the residential street; particularly in terms
of the type of development and adequate site plan controls, increased traffic
congestion, and adequate provision for sanitary and storm drainage- It is
recommended that the amendment provide for restricted commercial use to permit
rezoning for hotel use only; approval in principle prior to rezoning and the
inclusion of approved site plan in the rezoning by-law; and the rezoning by-law
should limit the permitted use to an hotel in accordance with an approved site
plan-
His Worship Mayor Smeaton declared the Public MeetinS open and reviewed the
procedure to be followed under the Planning Act, 1983.
-2-
The Deputy City Clerk advised that the application is for an amendment to
the Official Plan, to change the lands presently designated as Residential to
Tourist Commercial, to accommodate a proposed hotel for which a rezoning applic-
ation will be submitted at a later date- She stated that the subject property
is located on the north side of Lundy's Lane at Belmont Avenue; and that a
notice had been published in the Niagara Falls Review on October 9th, 1987.
His Worship Mayor Smeaton stated that the applicant, Mr. Agostino Orsini
and his agent, Mr. John Brodertck, Solicitor, were in attendance; and received a
positive response to his request for a show of hands from persons in fayour of,
or opposed to the application. Mayor Smeaton asked that all persons wishing to
receive further notice of future meetings should submit their names and
addresses to the Deputy City Clerk prior to leaving the meeting.
The Planning Director discussed the subject lands with the assistance of
posted sketches, and reviewed the following information contained in the
Technical Report: Development Proposal; Official Plan Amendment; Zoning By-law;
Sur~6Undingela4n&~ses; Public Notification Process; and History. He stated that
zoning'of the la~dS wnuid be by way of a zoning amendment application and the
site plan approval process would deal with all matters; and recommended that the
Official Plan Amendment, site plan and rezoning be considered at the same time.
His Worship Mayor Smeaton received a negative response to his request for
comments from persons, other than the applicant or his agent, in favour of the
application-
Mr. Pasquet reviewed the concerns previously recorded in his communication
to Council, stating that the application was not being opposed, but it was being
requested that the "Official plan Amendment preclude other uses", that the
development be made by site plan, and that the nearby property owners be allowed
to participate in the planning process. He further asked that the site plan
form part of the rezoning by-law, and that residents in the subject area be
informed of any proposed future changes.
Mr. Broderick advised that they were prepared to accede to the suggestions
of the Planning Director as well as Mr. Pasquet, expressed agreement with the
concerns outlined and advised that all interested persons would have the
opportunity to consider the detailed plans prior to returning the matter to
Council.
Following further discussion, His Worship Mayor Smeaton declared the Public
Meeting closed-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted, and further, that area residents be
notified when the matter returns to Council. Carried Unanimously.
P1)-87-155 - Chief Administrative Officer - Re: Commercial/Office
Opportunities Study ~ Proposed Official Plan Amendment- The report recommends
the following:
1) That Council entertain comments and questions from the general public at
tonight's public hearing regarding the study of commercial/office opportun-
ities in the City, and proposed Official Plan policies governing the
direction for future growth and development;
2) That Council direct Staff and the Coneultants to prepare appropriate
modifications to the proposed Plan and policies as may be required from the
public input received;
3) That Council direct Staff and the Consultants to finalize the Plan details
through the circulation of the proposed amendment to public agencies and
business groups;
4) That Staff and the Consultants be directed to proceed with the necessary
Zoning By-law changes which will implement the City's new commercial/
office development policies once formally adopted;
5) That the Ministry of Municipal Affairs be apprised of Coontilts
satisfaction with the study project to date, and that the final insraiment
under the Community Study Grant Programme be requested in order to conclude
the study ..... 3
-3-
His Worship Mayor Smeaton reviewed the formal Provincial procedure to be
followed in this matter.
The Planning Director advised that Staff had been authorized to proceed
with the study on September 28, 1987, and that notification of the Public
Meeting had been published in the Niagara Falls Review on October 9th, 1987.
His Worship Mayor Smeaton received a positive response to his request for a
show of hands from persons interested in this matter. He asked that persons
wishing to receive further notice submit their names and addresses to the Deputy
City Clerk prior to leaving the meeting.
The Planning Director provided an overview, and explained that the plan is
based on a marketing analysis.
Mr. Bob O'Dell, Miller O'Dell & Paul provided a detailed review of the
Commercial and Office Opportunities report dated November 1987, and responded to
questions raised regarding the report.
Mr. Randy Grimes, IBI Group responded to questions raised with respect to
population forecasts, and stated that there would be a very modest growth in
population.
Mr. J. Berzins, of J.E. Berzins, Urban Design Consultants of Toronto,
expressed interest in the report, and raised questions concerning the downtown
area.
Mr. Ken Conyou, Landcorp Ontario Limited, referred to the need for a
community shopping centre in the northwest area, his company's recent
acquisition of land on the south side of Thorold Stone Road west of the Q.E.W~.,
and application for the construction of a 30,000 square foot prestige project-
He offered suggestions with respect to service industries and community
shopping.
Mr. Jack Bell, Chairman, Downtown Board of Management, expressed approval
of the report and the anticipated results of the tourist study, and advised of
the Downtown Search Committee recently established to search for tenants.
Since no further comments were forthcoming, Mayor Smeaton declared the
Public Meeting closed.
ORDERED on the motion of Alderman Pay, seconded by Alderman Janvary, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 85.
P1)-87-145 - Chief Administrative Officer - Re: Minfster's Proposal for
Conformity Between the Niagara Escarpment Plan and the Regional Niagara Policy
Plan. The report recommends that the City of Niagara Falls support the changes
to the Regional Niagara Policy Plan to incorporate policies relating to the
Niagara Escarpment Plan, as proposed by the Minister of Municipal Affairs.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that
the report be received and adopted. Carried Unanimously.
PI]-87-146 - Environmental Planning Comlaittee - Re: Niagara Escarpment
Development Control Area Outside of the Approved Plan Area. The report
recommends the following:
1)
That Council pass a resolution requesting the Ministry of Municipal Affairs
to lift NEC development control from those lands outside of the approved
Niagara Escarpment Plan area west of Kalar Road and indicated as Parcel C
on the attached map schedule; and
2)
That the Ministry of Municipal Affairs be advised that the removal of
development control from Parcel A and part of Parcel B is presently under
study; and
3) That Provincial funding assistance to finaltze development control matters
may be required at a future date.
ORDERED on the motion of Alderman Covllle, seconded by Alderman Baker, that
the report be received and adopted. The motion Carried with the following vote:
-4-
AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Herrington,
Rinsperger, Hopkins, Janvary, Orr and Puttick.
NAYB: Alderman Pay.
See Resolution No. 86-
PD-87-148 - Environmental plannlug Committee - Re: Registration of Fill
Lines on Lyon's Creek. The report recommends that Council resolve to request
the Niagara Peninsula Conservation Authority to register fill lines for Lyon's
Creek under regulations of the Conservation Authorities Act.
Alderman Coville declared a conflict of interest because she owns property
in the area-
ORDERED on the motion of Alderman Pay, seconded by Alderman Chessman, that
the report be received and adopted. The motion Carried with Alderman Coville
abstaining from the vote on a conflict of interest previously recorded; and with
all others voting in favour.
REGULAR MEETING
pRESENTATION
BOB BOLIBBUCK - RECOCNITION AWARD -
His Worship Mayor Smeaton discussed the presentation of a plaque to Mr. Bob
Bolibruck in recognition of his valuable assistance to the Special Olympics
Committee, particularly with regard to street hockey, over the past three years.
Alderman Janvary accepted the award, and gift of appreciation from the City of
behalf of Mr. Bolibreck who was unable to attend the meeting.
UNFINISHED BUSINESS
PENSION PLAN FOR OFFICE OF MAYOR -
His Worship Mayor Smeaton declared a conflict of interest, asked Alderman
Chessman to preside over the meeting during consideration of this item, and
retired from the meeting.
I~-87-27 - Chief Adainistrative Officer - Re: Pension Payments for the
Mayor. The report recommends that the by-law appearing on tonight's agenda
which provides pension payments for the Office of the Mayor be approved.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted-
Following a discussion, the motion was amended on the motion of Alderman
Puttick, seconded by Alderman Herrington, that the pension payments for the
Mayor be made retroactive to March 1, 1984. The ~mendment was Defeated with the
following vote:
AYE: Aldermen Baker, Campbell, Chessman, Marrington, Hinsperger and Puttick.
NAYE: Aldermen Coville, Cummings, Hopkins, Janvary, Orr and Pay.
The motion to receive and adopt the report Carried Unanimously.
See By-law No. 87-234.
His Worship Mayor Smeaton returned to preside over the balance of the
meeting·
COMMUNICATIONS
No. 351 - The Canadian Red Cross Society, Niagara Falls Branch - Re:
"Mayor's Blood Donor Clinic". The communication advises that the first clinic
is scheduled for Tuesday, February 15th, 1988, and the criteria for sponsorship
remains unchanged, being financial assistance in the amount of $225.00 to
$250.00·
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville~ that
as many members of Council and Staff as possible participate in the Clinic. It
was further recommended that the sponsorship costs to an upper limit of $250.00
be approved. Carried Unanlmously. . . . . 5
- 5-
No. 352 - Niagara Falls Fnm~lyY.M.C.A. - Re: Annual SWYM-A-THON. The
communication advises that the Swym-A-Thon is scheduled for November 2Oth and
21st, 1987 and invites participation-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the
communication be received and filed. Carried Unanimously.
REPORTS
B-87-86 - Chief Administrative Officer - Re: Site Plan Approval - Proposed
3 Storey Medical Centre, Morrison Street, (north side, west of Drummond Road,
kM-5/87). The report recommends that the Council approve the site plan(s) on
display at tonight~s meeting, being a proposed medical centre, and the site plan
being drawing number A1 and dated May 1987, as revised, and the site plan being
drawing number M-1 dated June 1987, as revised and filed with the Buildings and
Inspections Department of the City of Niagara Falls on 0ctober 29th, 1987, and
that such approval be subject to the conditions contained in the report-
ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the
report be received and adopted. Carried Unanimously__-
I~/-87-203 - Chief Administrative Officer - Re: Christmas Trees. The report
provides information regarding the disposal of Christmas Trees in recent years,
and recommends that this advisory report be received and filed.
ORDERED on the motion of Alderman Coyills, seconded by Alderman Htnsperger, that
the report be received and adopted. Carried Unanimously.
MW-87-204 - Chief Ad~inistrative Officer - Re: Tree Removal. The report ~
recommends that Davey Tree Expert Company be awarded the contract for the
removal of large dangerous trees at a quoted rate of $66.00 per hour to a
maximum of $10,000.00.
ORDERED on the motion of Alderman Pay, seconded by Alderman Chessman, that the
report be received and adopted. Carried Unanimously__.
MW-87-205 - Chief Administrative Officer - Re: Installation of Parking
Meters - Ontario Avenue. The report recommends the following:
1)
That a one-hour parking zone be created on the east side of Ontario Avenue
from a point 104.7 feet north of the northerly curb line on Queen Street
northerly for a distance of 87.6 feet; and
2)
That a "Bus Stop" zone be established on the west side of Ontario Avenue
from a point 25.0 feet north of the north curb line on Huron Street
northerly for a distance of 64.0 feet.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings,
that the report be received and adopted. Carried Unanimously%
F-87-58 - Chief Administrative Officer - Re: Municipal Accounts. The
report recommends that the accounts totalling $1,373,532.71 for the period
ending November 9th, 1987, be approved by the passing of the by-law appearing
later on the agenda.
Alderman Hinsperger declared a conflict of interest on Cheque No. 28086
because he is employed with the company.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary,
that the report be received and adopted. The motion Carried with Alderman
Hinsperger abstaining from the vote on Cheque No. 18086, a conflict of interest
previously recorded; and with all others voting in favour.
MW-SY-194 - Chief Administrative Officer - Re: Municipal Works Department -
Organizational Review· The report, which was considered earlier tonight in
Committee of the Whole, recommends that the proposed reorganization of the
Municipal Works Department as detailed in this report be approved and be
effective immediately.
6
ORDERED on the motion of Alderman Baker, seconded by Alderman Janvary, that the
report be received and adopted- The motion Carried with the following vote:
AYE: Aldermen Baker, Campbell, Chessman, Harrington, Hinsperger, Hopkins,
Janvary and Pay.
NAYE: Aldermen Coville, Cummings, Orr and Puttick-
M-87-08 -Mayor Smeaton - Re: Type I Pension Plan. The report refers to
the request from a number of management employees having seniority prior to the
inception of O.M.E.R.S., that Council consider a Type I pension plan; and
requests approval of a Committee comprised of Aldermen Chessman, Cummings and
Hinsperger, and Staff to consider the matter. The report was considered earlier
tonight in Committee of the Whole.
0RDERED on the motion of Alderman Coyills, seconded by Alderman Chessman, that
the report be received and the request for a Committee of Council and Staff be
formed to consider the matter and submit a report to Council. The motion
Carried with the following vote:
AYE:
NAYE:
Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Marrington,
Htnsperger, Hopkins, and Janvary.
Aldermen Orr, Pay and Puttick.
RESOLUTION
No. 84 - JANVARY - COVILLM - RESOLVED that the City of Niagara Falls support
the Niagara Palls Non-Profit Housing Corporation in their concerns with regard
to the Rent Geared to Income (R.G.I.) Mix in Recent Non-Profit Housing Projects;
NOW THEREFORE BE IT RESOLVED that the Provincial Government, through the
Ministry of Mousing, be requested to review their policies whereby preference
appears to be given to those proposals comprising the highest percentages of
Core Need Deep Subsidy of 40 percent, with a view to reducing this percentage to
25 percent in order to avoid the social problems which evolved when the Province
permitted 100 percent R.G.I. Units in projects;
AND BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the
AMO, to Municipalities in the Province of Ontario with populations of 50,000 or
more, and to other non-profit organizations in the Municipality for their
comment and support;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
No- 85 - FAY - JANUARY - RESOLVED that the Ministry of Municipal Affairs be
apprised of Council's satisfaction with the Commer~ial/0ffice Opportunities
Study to date, and that the final insraiment under the Community Study Grant
Programme be requested in order to conclude the Study; AND the Seal of the
Corporation be hereto affixed.
Carried Unanimously.
No. 86 - COVILLM - ~AKMR - RESOLVED that the Ministry of Municipal Affairs
be requested to lift Niagara Escarpment Commission development control from'
those lands outside of the approved Niagara Escarpment Plan area, west of Kalar
Road and indicated as Parcel C on the attached map schedule;
AND BE IT FURTHER RESOLVED that the Ministry of Municipal Affairs be advised
that the removal of development control from Parcel A and part of Parcel B is
presently under study;
AND BE IT FURTHER RESOLVED that Provincial funding assistance to finalire
development control matters may be required at a futur~ ~a~e;
AND the Seal of the Corporation be hereto affixed.
The motion Carried with Alderman Pay voting contrary, and with all others voting
- 7-
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington,
that leave be granted to introduce the following by-laws, and the by-laws be
read a first time:
No. 87-231 - A by-law to authorize the execution of agreements with Brian
Sinclair.
No, H7-232 - A by-law to authorize the execution of agreements with Peter
Edmund Schnurr.
NO. 87-233 - A by-law to allow the maintaining and using of a building which
encroaches on a lane lying between May Avenue and Elgin Street.
No. 87-234 - A by-law respecting remuneration of the Mayor.
No, H7-235 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Htnsperger abstaining from the vote on By-law
No. 87-235 on a conflict of interest previously recorded in Report No. F-87-58;
and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that the
following by-laws be now read a second and third time:
NO. 87-231 - A by-law to authorize the execution of agreements with Brian
Sinclair.
No. 87-232 -A by-law to authorize the execution of agreements with Peter
Edmund Schnurr.
No. 87-233 - A by-law to allow the maintaining and using of a building which
encroaches on a lane lying between May Avenue and Elgin Street.
No. 87-234 - A by-law respecting remuneration of the Mayor.
No. 87-235 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Hinsperger abstaining from the vote on By-law
No. 87-235 on a conflict of interest previously recorded; and with all others
voting in fayour.
ITEMS OF CONCERN:
NEW BUSINESS
Poor Lighting- Portage Road at CNCR -
Alderman Campbell discussed a complaint he had received regarding the inadequacy
of street lighting on Portage Road in front of the Greater Niagara General
Hospitals and the danger to pedestrianss particularly on rainy nights.
His Worship Mayor 8meaton advised that this was a Regional road, and that
he had Just recently asked the Regional Municipality o~ Niagara to review the
section of Portage Road between Lundy's Lane and Ferry Street, and Highway No.
420 with respect to the problem.
Cy McGuigan - Buildtug/Corner Bridge Street & River Road -
Mr. McGuigan requested a reply to his written submission with respect to
concerns in connection with plumbing at the aforementioned property. The
Director of Buildings & Inspections advised that a response would be forwarded
to Mr. McGuigan this week.
Under-A~e Strippers/Adult Mntertainment Centres -
Alderman Pay referred to his letter to members of Council expressing his
concerns regarding the Liquor Licensing Hoard of Ontario permitting children
under age 18 years to perform exotic dancing in adult entertainment halls with a
note from a parent.
-8-
ORDERED on the motion of Algerman Pay, seconded By Alderman Cummings, that the
Solicitor be directed to contact Metro Toronto for a copy of their by-law with
respect to this matter, fn order to determine its possible use for the City of
Niagara Falls. The motion Carried with Aldermen Campbell, Orr and Puttick
voting contrary, and all ot~ers in favour.
Control of Adult gntertafument Farlours/Reeolution
Alderman Pay referred to the handout resolution requesting the Province to amend
the Liquor Licence Act to provide for the Liquor Licencing Board of Ontario to
have the same power to regulate adult entertainment within llcenced premises as
exists in New Brunswick. It was moved by Alderman Pay that the resolution be
approved. There was no seconder to the motion.
Dangerous Ramp/Thorold Stone Road & Q.B.W- -
Alderman Janvary referred to her discussion, at a previous meeting of City
Council, regarding the aforementioned as a dangerous ramp and stated that the
R.I.D.E. Police team was stepping cars on this ramp. She expressed her concerns
regarding this matter. Ris Worship Mayor Smeaton advised that Acting
Superintendent Peter Kelly would be contacted the next day in this respect.
ITeM OF INTEREST -
Public Forum- YWCA-
Alderman Herrington invited Council members and Staff to attend the Public Forum
on Rousing in Our Commenity - "What Are Your Choices", sponsored by the Social
Justice Committee of the y.W.C.A- in cooperation with the Local Council of
Women, scheduled for November 10th, 1987 from 7:00 p.m. to 9:00 p.m- at the
NIagara Fails Library.
It was moved by Alderman
meeting adjourn. Carried
seconded by Alderman Campbell, that the
READ AND ADOPTED,
SCOTT, DEPUTY CITY
MAYOR S. SMEATON
THIRTY-NINTH MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
November 16, 1987
Council met on Monday, November 16th, 1987, at 7:15 p.m. in Committee of
the Whole. All members of Council, with the exception of Alderman Baker, were
present. Alderman Harrtngton presided as Chairman.
Following consideration of th,
arose without reporting.
the Committee of the Whole
READ AND ADOPTED,
CLERK MAYOR SMEATON
'ING
Council Chambers
November 16, 1987
Council met on Monday, November 16th, 1987 at 7:30 p.m. for the purpose of
considering regular business. All members of Council, with the exception of
Alderman Baker, were present. His Worship Mayor Smeaton presided as Chairman.
Alderman Coville offered the Opening Prayer. ~
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the
minutes of the meeting held November 9th, 1987, be adopted as printed.
Carried Unanimously.
PRESENTATIONS
"SPIRIT OF Hl.~au&" CONTBST -
His Worship Mayor Smeaton congratulated and presented a City of Niagara
Falls plaque to Mr. Michael Aceti on behalf of City Council and the community,
in recognition of his photograph of Niagara Falls having been chosen as the
winning entry for the "Spirit of Niagara" contest which was sponsored by the
City of Calgary. The photograph will be displayed at the Winter Olympics 1988
in Calgary, Alberta. In response to questions raised, Mayor Smeaton advised
that a copy of the photograph would be displayed in the Niagara Falls City
Hall.
Mr. Scott Simon, of the Niagara Falls Camera Club, accepted a City of
Niagara Falls plaque from His Worship Mayor Smeaton, in appreciation of that
Club's assistance with the Niagara Falls photograph for the Winter Olympics at
Calgary.
OLXNPIC TORCH CO!~!ZTTEB -
His Worship Mayor Smeaton welcomed Mr. Richard Bell, Public Relations
Chairman of the local Olympic Torch Committee; Mr. Bud Collard, Past District
Governor of the Lions Club; Jeff Morgan, Second Vice-President of the Niagara
Falls Lions Club; and Mrs. Margaret Herrington, Y.W.C.A., to the meeting.
Mr. Bell discussed the Celebration '88 Olympic Torch Relay for the 1988
Winter Games in Calgary, which begins at St. John's Newfoundland on November 17,
1987, and passes through the City of Niagara Falls on December 26th, 1987. He
referred to the awarding of medals and certificates, the "Games of Winter"
program sponsored by the Y.W.C.A., at the Skylon; and asked the support and
participation of Council in proclaiming December 26, 1987 "Olympic Torch Day".
Replicas of the Olympic Torch as well a8 buttons were presented to Council.
-2-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that
December 26th, 1987 be proclaimed "Olympic Torch Day" in Niagara Falls.
Carried Unanimously.
UNFINISHED BUSINESS
CO TRANSIT S~S'IJI4-
Co~aunication No- 353A - Kintarry of Transportation & Com~m~eatfons - Re:
GO Transit System. The communication advises that the resolution of the City of
Niagara Falls regarding the aforementioned will be directed to the attention of
the Minister of Transportation and Communications-
Colmm~'catfoaUNO. ,~53B - Regional Niagara Public Works Department - Re: GO
TranSit ~Syste~."'~;'cdmmu~ication advises that a meeting has been scheduled for
December 8, 1987 at the CouncilChambers, Regional Municipal Building at Thorold
in order that Regional and Municipal Council members might hear a presentation
on the status of the feasibility study by McCormick and Rankin, Consultants,
with respect to expansion of theGO Transit System in Niagara.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the communications be received and filed, and as many members of Council as
possible attend the meeting. Carried Unanimously.
BXi*~NDED LgNG/II COIO~ERC!A1. V!~IICLES -
Comunication No. 354 - Kiuistry of Transportation & Co~,,n~cations - Re:
Extended Length Commercial Vehicles. The communication advises that the
Ministry Staff is continuing to monitor the operating experience of extended
length commercial vehicles in other Jurisdictions, and further, that there are
no plans at this time to allow the use of these vehicles in Ontario.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that
the communication be received and filed. Carried Unanimously.
ADBLT ENTRRTAINNBNT pARLOt]RS -
S-87-19 - Chief Administrative Officer - Re: Adult Entertainment Parlouts.
The report recommends the following:
1) That this report be received and filed for the information of Council; and
2) That if Council deems it desirable to do so, it direct the City Solicitor
to prepare an amendment to By-law 86-240, as amended, respecting age
restrictions in adult entertainment parlouts-
ORDERED on the motion of Alderman Harrington, seconded by Alderman Pay,
that the report be received and referred to Staff to prepare an amendment to
By-law 86-240, as amended, respecting age restrictions in adult entertainment
parlouts, similar to the Toronto by-law. Carried Unanimously-
COMMUNICATIONS
No. 355 - St- Paul's gvanSelieal Lutheran Church - Re: St. Paul's Music
Festival. The communication asks permission to erect a banner to advertise the
event,
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the communication be received and the request granted, subject to the approval
of the Niagara Falls Hydro and the Regional Municipality .of Niagara.
Carried Unanimously.
No- 356 - Begfoul Niagara Office of the Clerk- Re: Water Fluoridation.
The communication attaches a report from the Director of Public Health Dental
Division, Health Services Department regarding the aforementioned. During the
discussion, reference was made to this matter having been considered by City
Council a number of years ago, and the suggestion was made that a decision
should be made by a vote of the electorate,
- 3 -
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
the communication be received and filed. Carried Unanimously.
No. 357 - The Oabudsman/Ontarlo - Re: "Learn About Your Ombudsman Week".
The communication encloses a press release regarding The Ombudsman/Ontario.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Orr, that the
communication be received and filed. Carried Unanimously.
REPORTS
P-87-28 - Chief Administrative Officer - Re: Paid Holidays - 1987/88. The
report recommends that Monday, December 28th, 1987 be granted as a holiday for
Boxing Day, as this holiday falls on a Saturday.
ORDERED on the motion of Alderman Orr, seconded by Alderman Coville, that the
report be received and adopted. Carried Unanimously.
B-87-87 - Chief Administrative Officer - Re: The Buildings & Inspections
Department Report for October 1987. The report provides information regarding
Permits Issued and Highlights for October 1987, as well as November 1987
Proposals.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington,
that the report be received and filed. Carried Unanimously-
1~W-87-206 - Chief Administrative Officer - Re: 1988 M.T.C. & MOE/M~A
Training Courses. The report recommends that eight (8) members of Staff be ~
authorized to attend training courses sponsored by the M.T.C. and the MOE/MEA.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
F-87-59 - Chief Administrative Officer - Re: Municipal Accounts, The
report recommends that the accounts totalling $1,107,374.97 for the period
ending November 16, 1987 be approved by the passing of the by-law appearing
later on the agenda.
Alderman Campbell declared a conflict of interest on Cheque No. 28280
because the organization is a client.
Alderman Cummings declared a conflict of interest on Cheque No. 28357
because he is employed with the company.
Alderman Hinsperger declared a conflict of interest on Cheque No. 28276
because he is employed with the company.
Additional information was provided on Cheque Nos. 28313 and 28344.
ORDERED on the motion of Alderman Coville, seconded by Alderman Cheesman, that
the report be received and adopted. The motion Carried with Aldermen Campbell,
Cummings and Hinsperger abstaining from the vote on Cheque Nos. 28280, 28357 and
28276 consecutively, on a conflicts of interest previously recorded; and with
all others voting in layout.
Alderman Janvary, Chairman, Niagara Falls Special Needs Co~m4ttee - Re:
Accessibility Guide for the Physically Challenged. Alderman Janvary reviewed
the handout report which contained an historical background regarding the
Committee, a summary of its progress, and attached an Accessibility Guide for
the Physically Challenged. Alderman Janvary and the Committee were commended on
their efforts.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and filed. Carried Unanimously..
BY-LAWS
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
-4-
No- 87-236 - A by-law to authorize the execution of a Quit Claim Deed in
favour of John Murphy Teal.
No. 87-237 - A by-law to provide monies for general purposes-
The motion Carried with Aldermen Campbell, Cummings and Hinsperger abstaining
from the vote on By-law No. 87-237 on conflicts of interest previously recorded
in Report No. F-87-59; and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the following by-laws be now read a second and third time:
No. g7-236 - A by-law to authorize the execution of a Quit Claim Deed in
favour of John Murphy Teal-
No- 87-237 - A by-law to provide monies for general purposes.
The motion Carried with Aldermen Campbell, Cummings and Hinsperger abstaining
from the vote on By-law No. 87-237 on conflicts of interest previously recorded;
and with all others voting in fayour.
NEW BUSINESS
ITEMS OF CONCERN:
Dangerous Crossing/Riall St. & St. Andrew Ave. -
Alderman Cummings expressed concern regarding a traffic accident to a school
girl which had occurred earlier today at the above named intersection, discussed
the former request of residents to the Parking & Traffic Committee for a school
crossing guard at the corner, and the report being prepared by Staff with
respect to criteria required for a crossing guard.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
a Commissionsire be appointed as a school crossing guard to the location, on a
temporary basis, prior to the report being submitted by Staff respecting
criteria for school crossing guard placements- Carried Unanimously.
Motel/MotelAssociatfon -
Alderman Puttick referred to a meeting he had artended of the Hotel/Motel
Association held recently in the City of Niagara Falls, and a letter he had
received from the Association with respect to the City of Niagara Falls becoming
a member of the Association for a fee of $320.00.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings, that
the communication from the Hotel/Motel Association be referred to the Finance
Committee for consideration, and further, that Mr. Gordon Paul, President of the
Niagara Falls Canada Visitor & Convention Bureau~ be contacted for his comments.
Carried Unanimously.
Grassybrook Road -
Alderman Coyills expressed the concern of residents living in the area of
Grassybrook Road, with respect to the speed of traffic to the Ford Glass plant,
and referred to a letter to the Maintenance and Construction Engineer from the
residents. She asked that the matter be placed on the next Traffic & Parking
Committee agenda for consideration with a view to reducing the speed limit.
RecycltnB -
Alderman Harrington referred to an article in the Forestry Magazine regarding
recycling and a "Cash for Trash" incentive program with participation from
apartments, townhouses, hospital and elementary schools, as well as people
living outside the City. He challenged Council and the Municipal Works
Committee to become involved in a recycling program for City Hall.
- 5 -
It was moved by Alderman Orr, seconded by Alderman Hinsperger, that the
meeting adjourn to Committee of Carried Unani~mously.
READ AND ADOP ,
WHOLE
MAYOR S. SMEATON
Con~nittee Room #1
November 16, 1987
Council met on Monday, November 16th, 1987 at 8:40 p.m. in Committee of the
Whole, following a regular meeting. All members of Council, with the exception
of Alderman Baker, were present. Alderman Harringten presided as Chairman.
Following consideration of the
arose without reporting-
presented, the Committee of the Whole
READ AND ADQI~TED,
CLERK S. SMEATON
COUNCIL MEETING
Council Chambers
November 16, 1987
Council reconvened in formal session on Monday, November 16th, 1987
following a meeting in Committee of the Whole. All members of Council, with the
exception of Alderman Baker, were present. His Worship Mayor Smeaton presided
as Chairman.
The meeting adjourned.
READ AND AD~OPTED,
;.
MAYOR SMEATON
FORTIETH MEETING
SPECIAL MEETING
Queenston Heights Restaurant
November 17, 1987
Council met on Tuesday, November 17th, 1987 at 7:45 p-m. in the third Joint
Meeting of the City Councils of Niagara Falls, New York, and Niagara Falls,
Ontario, to discuss the Niagara River Environment. The Honourable Michael C.
O'Laughlin, Mayor, and Councilmen Michael V. ReddinE and Frank A- Soda from the
City Council of Niagara Falls, New York were in attendance. All members of the
City Council, Niagara Falls, Ontario, with the exception of Aldermen Baker,
Cummings, Minsperger, Orr, Pay and Puttick, were present. The Honourable
Michael C. O'Laughlin and His Worship Mayor Smeaton presided as Chairmen.
Alderman Janvary offered the Opening Prayer.
WELCOMING REMARKS
His Worship Mayor Smeaton welcomed all present to the third joint meeting
of the Councils of Niagara Falls, New York and Niagara Falls, Ontario. He
welcomed the Honourable Michael C- O'Laughlin, and expressed the desire to work
in cooperation with senior levels of Government in an effort to clean up the
Niagara River. Mayor Smeaton introduced Aldermen Campbell, Cheesman, Coville,
Harrington, Hopkins and Janvary, Council members in attendance. He welcomed
Mrs. Margaret Germano, Special Assistant to the Honourable Vincent Kerrio,
Minister of Natural Resources; Regional Councillor Brian Merrett; Mr- David
Brooks, Environmental Services Director, Niagara Falls, New York; students from
A.N- Myer Secondary School and their teacher; and expressed appreciation to the
press and media for their assistance in the promotion of better awareness. ~
The Ronourable Michael C- O'Laughlin indicated his pleasure in attending
the meeting and discussed the importance of mutually working towards
preservation of the river and its surroundings. He introduced the following
members of the Niagara Falls, New York Council in attendance: Councilmen Michael
V. Redding and Frank A. Soda; as well as Ms. Anita Gabalski, New York State
Department of Environmental Conservation, and other interested citizens. He
welcomed and expressed appreciation to Ms. Gretchen de Boer~ Planner II, to the
meeting. Mayor OtLaughlin referred to the upcoming Hazardous Materials Advisory
Council meeting at the Convention Centre on November 18, 1987.
PRESENTATIONS
AWARnS -- NA.M~NG OF CAPK COI~[J."FI'KK -
Mayor Smeaton congratulated and presented an award to Miss Jennifer
Martinez, LaSalle Senior High School; and Mayor O'Laughlin extended his congra-
tulations and presented an award to Matthew Turgeon of LaSalle Senior High
School in Niagara Falls, New York; in recognition and appreciation for their
Joint efforts in naming the CAPE Committee.
REPORTS
PD-87-147 - Chief Adsinistrative Officer & City ~lanager - Re: Review of
1987 Progress and Activities on the Environment. The report provides an
historical background of the actions taken by the two Municipal Councils at the
Joint meeting held on November 25th, 1986; reviews Environmental Issues, and
Environmental Projects; and recommends that this report be received and filed
for Information.
Mr. David Brooks reviewed the following Environmental Issues included in
the report: Ontario Waste Management Corporation, Love Canal, CECOS Secure
Landfill Expansion, Welland River Contamination, and Great Lakes Water Quality
Agreement. He discussed the following Environmental Projects: Environmental
Policies and Master Plan, Household Hazardous Waste Collection Day, Environment
Week, Groaning the City, Environmental Inventory~ and Hazardous Materials
Advisory Council.
ORDERED on the motion of Alderman Campbell, seconded by Councilman ReddinE, that
the report be received and adopted. Carried Unanimously.
-2-
PD-87-153 - Chief Administrative Officer - Re: The Environmental Inventory
Progress Report and Proposal for Enhancement, Niagara Falls, Ontario- The
report recommends that the information contained in the environmental inventory
be made available to all interested parties and that the environmental inventory
be used as an educational tool for presentations on conservation and environ-
mental protection.
PD-87-157 - City Manager - Re: The Environmental Inventory Progress Report
and Proposal for Enhancement, Niagara Falls, New York. The report recommends
that this staff progress report be received and filed for information, that the
environmental inventory be made available to the public and that it be
incorporated into existing environmental assessment procedures.
The Planner II reviewed the following information contained in Report No.
PD-87-153: The Environmental Inventory, Work Progress in 1987 (Niagara Falls,
Ontario), Proposal for Enhancement of the Inventory, as well as Goal and
Objectives-
The Environmental Services Director discussed the following information
included in Report No- PD-87-157: Environmental Inventory, Enhancement of the
Inventory, Goal and Objectives, Use of the Environmental Inventory, Environmen-
tal Inventory Process, Project Organization, and Implementation Strategy- He
introduced Ms. Joanne Ellsworth, Niagara County Environmental Management Council
Coordinator-
Ms. Ellsworth discussed the approach taken by Niagara Falls, New York,
based on aerial photograph interpretation with the assistance of maps
demonstrating environmentally sensitive areas and five other sections comprising
six basic overlays. She distributed copies of the maps, and stated that a basic
review of environmental assessment could be answered by the compiled overlays-
The Planner II responded to questions raised with respect to the
differences in classification systems and language, and advised that the same
categories of information would be included and available.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Coyills, that
the information in the environmental inventory be made available to all
interested parties for environmental assessment and other purposes, and that the
environmental inventory be used as an education tool for presentations on
conservation and environmental protection. Carried Unanimously.
PD-87-151 - Chief Adulnistrative Officer & City Manager - Re: 1988 Work
Program on the Environment. The report provides the following information:
Environmental Inventory, Household Hazardous Waste Collection, Official Plan/
Comprehensive Plan Policies for Environmental P~otection, Visual Pollution
(Foam) at the Base of the Falls, Education, and the CECOS Issue; and recommends
that the 1988 work program on the environment as outlined, be adopted.
The Environmental Services Director and Planner II responded to questions
raised with respect to utilizing the resources in the Universities in Ontario
as well as the University of Buffalo.
During the discussion Alderman Harrington suggested consideration should be
given to a fourth area of concern, i.e.~ that a lobby group should be formed to
pressure higher levels of government to take action; that the Committee should
be opened to non-political people who are involved at the "grass roots level";
that a bus tour should be scheduled through the "hot spots"; that environmental
activists should be invited to present seminars to Council; and that the
Councils bordering the Great Lakes and the Niagara River. should be invited to
participate. Alderman Herrington suggested further, that groups be asked to
provide a detailed presentation of plans for the elimination of toxic discharge
into the Niagara River, and cleaning up the "hot spots". He stressed the urgent
need for Councils to become more involved in addressing the serious problems of
contamination, as well as acquiring knowledge of actions planned, and being
taken by higher levels of government.
-3-
RESOLUTION
ORDERED on the motion of Alderman Campbell, seconded by Alderman Redding,
that the following amendment to the resolution be approved: "That both Councils
petition their respective Provincial, State and Federal Governments to expedite
their efforts to provide monies to establish programmes to further protect the
environmental quality of the Niagara River"-
Carried Unanimously.
JOINT RESOLUTION OF COUNCILS
NIAGARA FALLS, ONTARIO AND NIAGARA FALLS, NEW YORK
RESOLUTION ON '~ NIAGARA RIVER ENVIRONMENT
No. 81 - SODA - COVILLM - RESOLVED that
WHEREAS the City of Niagara Falls, Ontario, and the City of Niagara Falls, New
York share a common international frontier, the Niagara River; and
WHEREAS both Jurisdictions are concerned with the protection of environmental
quality in the Niagara River for the health and welfare of their citizens; and
WHEREAS both cities rely upon the Niagara River for drinking water, agriculture,
fishing, wildlife conservation, tourism, recreation, industrial and other uses;
and
WHEREAS both cities have expressed their intention to address shared
environmental concerns in a co-operative manner;
THEREFORE BE IT RESOLVED that the City of Niagara Falls, New York, and the City
of Niagara Falls, Ontario adopt a work programme for 1988 that will lead to the
enhancement of the environmental inventory, the development of environmental
policies, the provision of household hazardous waste collection days, the study
of the foam at the base of the falls, the review of the CECOS proposal and the
establishment of an education programme; and
BE ~T FURTHER RESOLVED that both Councils provide financial resources to advance
the wq~ progr~.m~,~,op.th~environment; and
BE IT FURTHER RESOLVED that both Councils petition their respective Provincial,
State and Federal Governments to expedite their efforts to provide monies to
establish programmes to further protect the environmental quality of the Niagara
River;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
NEW BUSINESS
petitioningHigher~vern~tent Levels -
Councilman Soda referred to earlier comments made by Alderman Harrington
regarding the need to speed up environmental attention, and advised that the
Municipal Council of Niagara Falls, New York, provided $200,000.00 to retain
legal counsel, begin an investigation, and establish studies on the CECOS
expansion. He expressed interest in the proposal.
Alderman Cheesman indicated his agreement with additional involvement, but
suggested that this should not be utilized as a device for political
recognition.
Alderman Herrington stated that the problem affects everybody on both sides
of the border, and that the political stripes did not matter.
-4-
Mayor Smeaton commented on the satisfaction indicated by the Minister of
the Environment, the Honourable Jim Bradley, with the progress made by the Joint
Councils, and expressed confidence that both the Provincial and Federal
Governments, as well as the Government of the United States, would recognize the
sincerity of the actions taken- He advised that the minutes of the two previous
meetings had been forwarded to Prime Minister Mulroney and Premier Peterson, and
further, that a record of this meeting would be made available to the Federal
and Provincial Governments. Mayor Smeaton stated that this was a non-political
party concern regarding the environment, Love Canal, O.W.M.C-, and problems on
the Niagara River, with a great deal at stake requiring mutual efforts. He
expressed satisfaction with actions taken to date.
Mayor O'Laughlin expressed agreement with the feeling of cooperation and
progress in this initial effort towards environmental improvement, and recogniz-
ed the dedication of Aldermen and Staff members and their considerable amount of
-work, as well as the future work plan. He discussed the positive aspects as
well as the concerns considered by the Joint committee, with results being
obtained from necessity. Mayor O'Laughlin noted that the Joint effort and
inventory would be "a very important part of our environment in the future"-
Mayor O'Laughlin expressed appreciation to students in attendance for their
interest, and referred to the concerted actions taken regarding the environment,
the presentations, as well as differences of opinion. He suggested that the
students might discuss this matter further in classrooms, and take a field trip
for personal observation of actions used to resolve the problem-
It was moved by Alderman Cheesman, seconded by Alderman Marrington, that
the meeting adjourn. Carried
READ AND ADOPTED,
MAYOR MICHAEL C. O'LAUGHLI
MAYOR WIL~S.S~A~O~
FORTY-FIRST MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
November 23, 1987
Council met on Monday, November 23rd, 1987, at 6:45 p.m. in Committee of
the Whole. All members of Council, with the exception of Alderman Baker, were
present- Alderman Hopkins presided as Chairman-
Following consideration of
arose without reporting.
esented, the Committee of the Nhole
MAYOR S. SMEATON
/
Council Chambers
November 23, 1987
Council met on Monday, November 23rd, 1987 at 7:30 p.m. for the purpose of
considering regular business. All members of Council, with the exception of
Alderman Baker, were present. His Worship Mayor Smeaton presided as Chairma~
and offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Coville, that
the minutes of the meeting held November 16th, 1987, be adopted as printed.
Carried Unanimously.
PRESENTATION
'TO[IRISM...'ni~ ECONOMIC IMI'ACT ON NIAGARA REGION -
Comunication No- 358 - Region Niagara Tourist Council - Re: "Tourism...
The Economic Impact on Niagara Region". The communication attaches the above
named report, and requests permission to present the report to Council on
November 23rd, 1987.
Alderman Coville, Council's representative to the Region Niagara Tourist
Council, presented a brief summary respecting the report.
Mrs. Betsy Foster, Executive Director of the Region Niagara Tourist
Council, reviewed the Executive Summary of the aforementioned report. She
explained that the report had been compiled over a two year period, includes
statistical data from 900 establishments in the tourism industry, and is indica-
tive of the importance of tourism concentrated within the City of Niagara Falls.
Mrs. Foster responded to questions raised regarding the possibility of a 'bus
driver study', and discussed the Ministry of Tourism's interest in hospitality
seminars for the training of owners and staff-
Mrs, Foster was commended on the excellence of the report.
DEPUTATION
NIAe, ARA FALLS FAMILY Y.M.C.A. - POOL FIL'f~A~t -
Mr. Tom Buchanan, Executive Director of the Niagara Falls Family Y.M.C.A.,
advised Council that the immediate replacement of a pool filter is a major
concern of the Y.M.C.A. Board, and the need for financial assistance to do so.
He asked Council to approve one of the following funding requests|
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1) That the City allocate $15,000.00 to the "Y" for the pool filter;
2) That the City give the "Y" a $15,000.00 interest free loan, repayable in a
period not to exceed 24 months.
Alderman Campbell declared a conflict of interest because the Y.M.C.A. is a
client.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hinsperger, that the "Y" be granted an interest free loan of $15,000.00 for a
pool filter. The motion was subsequently withdrawn.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings,
that an outright grant of $15,000.00 be approved. The motion was Defeated with
.Aldermpn Campbelf~abstaining'from the vote on a conflict of interest, and with
the ~ollowing vote:
'LYE: Aldermen Ch~esman, Cummings, Harrington, Janvary and Puttick-
NAYE: Mayor Smeaton and Aldermen Coville, Hinsperger, Hopkins, Orr and Pay-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary,
that approval be given for an interest free loan in the amount of $15,000.00,
and repayable within 24 months. The motion Carried with Alderman Campbell
abstaining from the vote on a conflict of interest, and with the following vote:
AYE: Mayor Smeaton and Aldermen Cheesman, Cummings, Harrington, Janvary and
Puttick.
NAYE: Aldermen Coville, Hinsperger, Hopkins, Orr and Pay.
UNFINISHED BUSINESS
GO TRANSIT SYSTEN-
Comaunication No. 359 - Regional Niagara Public Works Department - Re: GO
Transit System. The communication attaches a copy of a letter from the Ministry
of Transportation respecting the Burlington to Hamilton Study portion of the GO
Train Service Expansion and the Ministry's presentation at the Regional Council
Chambers on December 8th, 1987.
ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the
communication be received and filed. Carried Unanimously.
COMMUNICATIONS
No. 360 - Regional Niagara Public Works Department - Re: Water/Sewage Flows
- Monthly Report for September 1987- The communication attaches Report No.
DEP-2594.
ORDERED on the motion of Alderman Cummings, secoffded by Alderman Chessman, that
the communication be received and filed. Carried Unanimously.
No. 361 - Niagara Falls Rooster Cataracts, Oldti~sers' Hockey Association -
Re: Fourth Annual Niagara Falls Cataracts Oldtimers' Hockey Tournament - March
24th to 27th, 1988, Niagara Falls Memorial Arena. The communication requests
approval of a Special Occasion Permit for the event.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that
Council indicate it has no objection to the issuance of a special occasion
permit to the Niagara Falls Rooster Cataracts, Oldtimerst Hockey Association for
the Fourth Annual Niagara Falls Cataracts Oldtimers' Hockey Tournament to be
held at the Niagara Falls Memorial Arena on March 24th, 25th, 26th and 27th,
1988, subject to the approval of the Regional Police Department, the Niagara
Falls Fire Department, the Regional Niagara Health Services Department and the
Liquor Licensing Board of Ontario. Carried Unanimously.
No. 362 - Joe Hewitt, Yard 2 Area Councillor, Georgetoen - Re-' Garbage
Disposal. The communication attaches a copy of a letter to Premier Peterson
asking the Province to set up a provincial Task Force to deal with the garbage
disposal problem, and asking that the attached questionnaire be completed and
returned with comments.
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ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
questionnaire be referred to Staff. Carried Unanimously-
REPORTS
R-87-40 - Chief Adu4utstrative Officer - Re: Monthly Public Swimming -
Y.M.C.A- The report provides information regarding pool attendance from
September 1, 1987 to October 31, 1987, and recommends that the report be
received and filed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
B-87-88 - Chief Administrative Officer - Re: Cash-in-Lieu Agreement Between
The Corporation of the City of Niagara Falls and Phyllis Casciano, Rosie Sayera,
and Mirella Florio, 5061 Centre Street. The report recommends that Council
authorize a cash-in-lieu agreement with Phyllis Casciano, Rosie Sayera amd
Mirella Florio. A by-law authorizing the agreement will be presented to Council
at the next available meeting.
During the discussion the Director of Buildings & Inspections offered to
explain the policy respecting cash-in-lieu agreements to the members of the
Parking and Traffic Committee-
ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the
report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Campbell, Cheesman, Coville, Harrington, Hinsperger, Hopkins,
Janvary, Orr, Pay and Puttick. ~
NAYB:Alderman Cummings-
B-87-90 - Chief Adsinistrative Officer - Re: Site Plan Approval - Proposed
46 Unit 4 Storey Hotel (Former Rapids Hotel), 4067 River Road. The report
recommends that the Council approve the site plan(s) on display at tonight's
meeting, being a proposed hotel, and the site plan being drawing number 1 dated
September 25th, 1987, and the site servicing plan being drawing number 2 dated
October 6th, 1987, and filed with the Buildings and Inspections Department of
the City of Niagara Falls on November 17th, 1987, and that such approval be
subject to the conditions included in the report.
Alderman Hopkins declared a conflict of interest because a member of his
family has a business interest.
ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the
report be received and adopted. The motion Carried with Alderman Hopkins
abstaining from the vote on a conflict of interest previously recorded; and with
all others voting in favour.
B-87-91 - Chief Administrative Officer - Site Plan Approval - Proposed 44
Unit Senior Citizen Housing Project, 6147 Prospect Street. The report
recommends that the Council approve the site plan(s) on display at tonight's
meeting, being a proposed senior citizen housing project, and the site plan
being drawing number 1 dated April 22nd, 1987, as revised, and the landscape
plan being drawing number L1 dated March 1987, and the site servicing plan being
drawing number X2 and filed with the Buildings and Inspections Department of the
City of Niagara Falls on November 17th, 1987, and that such approval be subject
to the conditions outlined in the report-
ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the
report be received and adopted. Carried Unanimously,
MW-87-211 -Municipal Works Co~ttee - Re: Committee Reports. The report
recommends the following:
1)
NW-87-207, New Vehicle Equipment Purchase -
It is recommended that Staff be authorized to purchase one (1) 1988 Model
10,000 G.V.W. Single Axle Truck with Dual Wheels, Crew Cab and Contractors
Dump Box and Hoist from Neal Pontiac and G.M.C. Ltd., St. Catharines,
Ontario for the total sum of $22,891.00, including all necessary taxes.
-4-
2) ~-87-208, Fuel and Fleet Management Systems-
It is recommended that:
(i) The present computerized Fleet Maintenance System be expanded by the
purchase of hardware and software from Computerland and from Informix
Software at a cost not to exceed $18,200.00; and that
(if) The present automated fuel control system be replaced with a new and
improved system from Alternate Solutions at a cost not to exceed
$19,400.00.
3) M~87-209, Control of Disposal of Haste from Outside Niagara Falls -
It is recommended that:
(i) The form and procedure described in this report, which are intended to
control the disposal of waste from outside Niagara Falls be approved;
and that
(ii)These controls be implemented as soon as possible-
-4) )~4-87-210, Residential Garbage Route Study -
It is recommended that the City's residential garbage routes be altered as
outlined in the attached report, and further, that the public relations
campaign set out in Table 6 be approved-
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Janvary,
that the report be received and adopted. The motion Carried with Alderman Orr
voting contrary on Item No, 3, and all others voting in fayour-
MM-87-212 - Chief Administrative Officer - Re: Resolution on Uniform
Legislation Giving Priority to Buses Re-entering the Traffic Flow. The report
recommends that Council support the resolution appearing on the Council agenda
relating to uniform legislation giving priority to buses re-entering the traffic
flow from a bus stop-
ORDERED on the motion of Alderman Harrington, seconded by Alderman Hinsperger~
that the report be received and adopted. Carried Unanimously.
See Resolution No. 90-
MB~87-213 (gANDOUT) - Chief Administrative Officer - Re: Grant from
Ministry of the Environment through the Waste Management Improvement Program -
Fiscal Year 1988-89, Mountain Koad Sanitary Landfill Site. The report
recommends that the City make application for a grant in the amount of
$130,000.00 through the Ministry of the Environment~s Waste Management Improve-
ment Program for the Ministry~s Fiscal Year 1988-89 and that the Mayor and the
Clerk be authorized to sign the grant application on behalf of the City.
ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the
report be received and adopted, Carried Unanimously.
See Resolution No- 91~
C-87-26 - Chief Administrative Officer - Re: Repurchase of Lots - Falls
Industrial Park. The report recommends that Council hear representations
regarding the recommendation that the City exercise its right of repurchase of
three lots in the City~s Industrial Park.
Mr, A.F. Sheppard, Solicitors and Mr. John Holer, owner for Marinelaud,
were in attendance with respect to Lot 16, Plan 243. Mr, Sheppard discussed the
buildings and activities, present and planned for the subject lots and stated
that his client would like to negotiate*
A lengthy discussion followed respecting the original agreement which has
been extended, and the covenant which provides that the City may exercise the
right to repurchase Lots 16 and 25, Plan 243, and Lot 13, Plan M-67.
Mr. D. Sullivan, Solicitor, and Mr. Fermino Suein, .owner of Lot 25, Plan
243, were in attendance. Mr. Sullivan provided historical background activity
concerning Lot 25, and advised that his client proposes to begin construction in
one and one-half years and lease one-half of the building to a compatible
business. He assured Council that the land was not purchased for speculative
purposes.
Mr. Charles Chataway, Director of Economic Development for the Niagara
Falls Economic Development Agency, explained that the matter had been brought to
the attention of Council because the lands had been purchased and the facilities
had not been completed, , , · , 5
-5 -
Reference was made to a handout communication with respect to a telephone
call received earlier on this date from the secretary of the owner of Lot 13,
Plan M-67, Peter Miele. The communication states that P.F.M. Enterprises plans
to build in the Falls Industrial Park in the summer of 1988, and further, that a
set of proposed plans will be provided to the Planning and Building Departments
as well as to the EDA.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Cummings,
that the owners of the three properties be asked to enter into an agreement to
extend the time period in the covenant. The motion was Defeated with the
following vote:
AYE: Aldermen Campbell, Cheesman, Cummings and Puttick.
NAYE: Aldermen Coville, Harrington, Hinsperger, Hopkins, Janvary, Orr and Pay.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings,
that the report be received and filed, and no action be taken at this time with
regard to Lot 16, Plan 243. Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman
Hinsperger, that no action be taken at this time with respect to Lot 25, Plan
243. The motion Carried with the following vote:
AYE: Aldermen Cheesman,
Orr, and Puttick.
NAYE: Aldermen Campbell,
Cummings, Harrington, Hinsperger, Hopkins, Janvary,
Coville and Pay-
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that
no action be taken at this time with regard to Lot 13, Plan M-67. ~
The motion was amended on the motion of Alderman Cheesman, seconded by Alderman
Harrington, that Mr. Mtele be asked to provide the EDA with a statement of
intention by January 1st, 1988, and the EDA be requested to report to Council.
The amendment was Defeated with the following vote:
AYE: Aldermen Cheesman, Covtlle, Harrington, Hopkins and Janvary.
NAYE: Aldermen Campbell, Cummings, Hinsperger, Orr, Pay and Puttick.
The motion to take no action regarding Lot 13, Plan M-67, was Defeated with the
following vote:
AYE: Aldermen Cummings, Orr and Puttick.
NAYE: Aldermen Campbell, Chessman, Coville, Harrington, Hinsperger, Hopkins,
Janvary and Pay.
ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that
the owners be given eight months to allow for construction plans or development
to begin on Lot 13, Plan M-67, after which time Council will exercise the right
to repurchase the lot. The motion Carried with the following vote:
AYE: Aldermen Campbell, Cheesman, Coville, Harrington, Hinsperger, Hopkins,
Janvary, Pay and Puttick.
NAYE: Aldermen Cummings and Orr.
F-87-60 - Chief Administrative Officer - Re: Municipal Accounts. The
report recommends that the accounts totalling $542,725.70 for the period ending
November 23, 1987, be approved by the passing of the by-law appearing later on
the agenda*
Alderman Hinsperger declared a conflict of interest on Cheque No. 28455
because he is employed with the company.
Alderman Orr declared a conflict of interest on Cheque No, 28451 because
she is employed by the Board.
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cummings,
that the report be received and adopted, The motion Carried with Aldermen
Hinsperger and Orr abstaining from the vote on Cheque Nos. 28455 and 28451
consecutively, on conflicts of interest previously recorded; and with all others
voting in layout,
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C-87-27 - Chief Adain~strative Officer - Re: Parking - City-Owned Vehicles.
The report recommends that the City enter into an agreement with the Niagara
Transit Commission for the parking of City vehicles at the George Mowers Transit
Terminal at rates enumerated hereunder.
ORDERED on the motion of Alderman Orr, seconded by Alderman Chessman, that the
report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Cheesman, Coville, Harrington, Minsperger, Hopkins, Janvary,
Orr, Pay and puttick.
NAYE: Aldermen Campbell and Cummings.
CI)-87-78 - Chief Administrative Officer - Re: Council Meetings - Holiday
Season. The report recommends that the Council meeting scheduled for Monday,
December 28, 1987, be cancelled-
ORDERED on the motion of Alderman Coville, seconded by Alderman Harrington, that
the report be received and adopted- Carried Unanimously.
M-87-O9 -Nayor Smeaton - Re: Appointment to Niagara Parks Commission- The
report advises that Mayor Smeaton's term as Council's representative on the
Niagara Parks Commission will expire on November 30, 1987, and asking that he be
reappointed to the Commission for the balance of Mayor Smeaton's term of office-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington,
that the report be received and the reappointment of Mayor Smeaton to the
Niagara Parks Commission for the balance of his term of office be approved.
Carried Unanimously.
RESOLUTION
No- 88 - JANVARY - HINSPERGER- 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 1987 in the amount of $5,288,200.00; AND the Seal of the Corporation be
hereto affixed. Carried Unanimously.
No. 89 - COVILLE - PAY - RESOLVED that W~EREAS the Lincoln Arms Tavern at
5355 Ferry Street in the City of Niagara Falls is operating in contravention of
certain by-laws and other legal requirements of the City of Niagara Falls
insolaf as its use as an adult entertainment parlout is concerned; and
WHEREAS the City has received complaints from ratepayers regarding this illegal
use; and ~
WHEREAS the City has been advised that a "Hearing" pursuant to the Ontario
Liquor Licence Board*s Notice of Proposal to refuse to renew the liquor licence
issued in respect of the aforesaid premises, has been scheduled for Thursday,
December 3rd, 1987 at 9:30 o'clock in the forenoon at the Board's Offices; and
WHEREAS the Council of the City deems it desirable to indicate at the Hearing
its support of the proposal to refuse to renew the said liquor licence by way of
this resolution;
NOW THEREFORE BE IT RESOLVED THAT:
1) The Council of the Corporation of the City of Niagara Falls hereby supports
the Ontario Liquor License Board's Notice of Proposal to refuse to renew
the liquor licence issued in respect of the premises municipally known as
5355 Ferry Street, being the Lincoln Arms Tavern.
2) Staff be authorized to attend at the aforesaid Hearing to submit this
resolution together with any other information requested.
; AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
No- 90 - II~INGTON - HINSPERGER - RESOLVED that WHEREAS a recent study by
the Roads and Transportation Association of Canada (RTAC) found that providing
priority to buses re-entering the traffic flow after a bus stop would provide
considerable benefits to transit vehicles in terms of operational efficiency and
reduced accidents, with minor inconvenience for individual motorists;
AND WHEREAS the said study recommended that uniform legislation, such as already
exists in Quebec, be adopted across Canada;
AND WHEREAS the Boards of Directors of the RTAC and of the Canadian Urban
Transit Association (CUTA) have approved resolutions strongly encouraging the
Provincial adoption of such legislation;
AND WHEREAS such legislation would encourage more operational efficiency and
reduce the need for operating subsidies;
AND WHEREAS Municipal Councils are more and more financially constrained which
affects their ability to provide operating subsidies for transit;
BE IT THEREFORE RESOLVED that this body recommends that the Province adopt
legislation to provide priority to buses re-entering the traffic flow from a bus
stop, and that such legislation be developed in conjunction with other Provinces
to provide uniformity across Canada;
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously. ~
NO. ~if~'-~PAY~'~"~LE'' RESOLVED that the Council of the Corporation of the
City of Niagara Falls hereby makes application for a grant in the amount of
$130,000.00 through the Ministry of the Environment's Waste Management
Improvement Program for the Mfnistry's Fiscal Year 1988-89; AND the Seal of the
Corporation be hereto affixed-
Carried Unanimously.
BY-LAW
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that leave
be granted to introduce the following by-law, and the by-law be read a first
time:
No. 87-238 - A by-law to provide monies for general purposes.
The motion Carried with Aldermen Hinsperger and Orr abstaining from the vote on
a conflict of interest previously recorded in report No. F-87-60; and with all
others voting in fayour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
following by-law be now read a second and third time:
No. 87-238 - A by-law to provide monies for general purposes.
The motion Carried with Aldermen Hinsperger and Orr abstaining from the vote on
a conflict~ interest previously recorded; and with all others voting in
favouro
NEW BUSINESS
· etters of Condolence -
ORDERED on the motion of Alderman Orr, seconded by Alderman Janvary, that a
letter of condolence be forwarded to the family of the late Malcolm "Mac" Howe.
Carried Unanimously.
-g-
ORDERED on the motion of Alderman Janvary, seconded by Alderman Cheesman, that a
letter of condolence he forwarded to the family of the late Walter Lewis
Sandercock- Carried Unanimously.
Stoop & Scoop By-law -
Alderman Puttick expressed concern regarding the number of dogs being walked by
their owners on Palmet Avenue.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary, that
Staff be directed to submit a report on appropriate action to be taken to
institute a "Stoop and Scoop" by-law. Carried Unanimously.
Float/Santa Claus Parade -
Alderman Campbell asked Staff to investigate and provide an update report with
respect to the City Float being entered in the Santa Claus and Blossom Festival
Parades. It was noted that Staff had previously been asked to investigate this
matter.
It was moved by Alderman puttick, seconded by Alderman Campbell, that the
meeting adjourn- Carried Unanimou
FORTY-SECOND MEETING
COMMITTEE OF THE WHOLE
Committee Room #2
November 30, 1987
Council met on Monday, November 30th, 1987, at 7:00 p.m. in Committee of
the Whole. All members of Council, with the exception of Aldermen Campbell and
Puttick, were present. Alderman Cheesman presided as Chairman-
Following consideration of the
arose to report in open session.
READ ~ ~O/~ED,
~ented, the Committee of the Whole
MAYOR WILLI SMEATON
Council Chambers
November 30, 1987
Council met on Monday, November 30th, 1987 at 7:30 p.m. for the purpose of
considering regular business. All members of Council, with the exception of
Aldermen Campbell and Puttick, were present. His Worship Mayor Smeaton presided
as Chairman. Alderman Janvary offered the Opening Prayer. ~
ADOPTION OF MINUTES
Alderman Fay asked that the minutes of the meeting dated November 23rd,
1987, be amended to indicate that he had voted contrary on the motion to approve
a $15,000.00 interest free loan to the Y.M.C.A.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the minutes of the Special Meeting held November 17th, 1987, be adopted as
printed, and the meeting held November 23rd, 1987, be adopted as amended.
Carried Unanimously.
DEPUTATIONS
N~J~RARA CB ~ -
Mr. Guido Maci, President, and Mr. Gordon Mann, of the Niagara CB Club,
were in attendance. Mr. Maci presented Mayor Smeaton with a Certificate of
Membership in the Club.
His Worship Mayor Smeaton expressed appreciation to the Niagara CB Club for
the Certificate, and for the Club's assistance and activities during periods of
emergency.
PLI~BING
Communication 363 - Mr. CyMeGuigan - Re: Plumbing. The communication asks
permission to address Council regarding the subject matter. Mr. McGuigan was
not in attendance.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that
the matter be deferred· Carried Unanimously.
OV SLO-PITCH TOURI~ -
Mr. William McCarthy, local representative, and Mr. Gordon Walker, Ontario
Promotions Manager, Carling O*Keefe Breweries, were in attendance to discuss
OV Provincial Slo-Pitch Tournament which had taken place through the Optimist
Club in the City of Niagara Falls for the past six years, and their concerns
regarding the agreement between the Optimist Club and Molson*s Ontario Breweries
for the Coors Slo-Pitch Tournament this year. Mr. Walker discussed the benefits
of the 0V Slo-Pitch Tournament to the City, and their wish to have the
Tournament remain in this community.
-2-
Mr. Larry Ignace, representing the Optimist Club, stated that the parks are
booked through the Recreation Department one year in advance, and further, that
a letter of intent has been received from Molson Ontario Breweries for a limit
of three years.
The Director of Parks & Recreation advised that the Optimist Club had
requested a booking for all of the parks, on the specified dates, for the next
three years. He further advised that a commitment had not yet been made, and
that a achedule would be presented to the Recreation Commission and subsequently
to Council for approval.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman, that
Mayor Smeaton arrange a meeting with the principles involved, to acquire
additional information and submit a report at an early date.
Carried UnanimouSly.
COMMUNICATIONS
No- 364 - Assmciatimn of Municipalities of Ontario (ANO} - Re: GASAMO- The
communication provides information regarding the Association's purchase of
natural gas on behalf of its members for use in municipal buildings, and asks
that the attached form be completed if the Municipality is interested in parti-
cipating in the potential savings of this proposal.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hopkins, that
the communication be referred to Staff. Carried Unanimously-
No. 365 - Regional Niagara Office of the Clerk- Re: DF-87-175, Tax Levy
and Tax Collection Experience, Area Municipalities - 1986- The communication
attaches the subject report.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the communication be received and filed. Carried Unanimously.
No. 366 - Chippaws Business Association - Re: Financial Assistance. The
communication asks the City for financial assistance in the form of paying the
hydro bills for lights on Cummington Square.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the communication be referred to the Finance Committee for consideration-
Carried Unanimously-
He. 367 - Regional Hiagara Public Works Department - Re: Water/Sewage Flows
Monthly Report for October 1987. The communication attaches report DEP-2609.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Herrington,
that the communication be received and filed. Carried Unanimously.
REPORTS
R-87-41 - Chief Administrative Officer - Re: Oakee Park Diamond #1 Lights.
The report recommends that the equipment and parts required for the upgrading of
the lights at Oakes Park be purchased from Goodwill Electric for a cost of
$24,572.80. It is further recommended that Pointview Electric be requested to
provide the electrical services for this project for a cost of $7,640.00.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Cummings, that
the report be received and adopted. Carried Unanimously.
I1~-87-214 - Chief Administrative Officer - Re: Engineering Agreement -
Mewburn Road, Sanitary Sewers Forcemain and Pumping Station. The report recom-
mends that Council approve the By-law which appears on tonightts agenda, which
authorizes the Mayor and the Clerk tos on behalf of the City, enter into an
Engineering Agreement with Robert M. Martin Engineering & Project Management
Inc. to provide the necessary engineering services which will eventually result
in the installation of a sanitary sewer on Mewburn Road complete with the
associated forcemain and pumping station.
ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the
report be received and adopted, Carried Unanimously.
See By-law No. 87-241.
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MW-87-215 - Chief Administrative Officer - Re: Engineering Agreement -
Study and Report on Remedial Measures for Basement Flooding, Chippawa Community.
The report recommends that Council approve the by-law which appears on tonight's
agenda, which authorizes the Mayor and the Clerk, on behalf of the City, to
enter into an Engineering Agreement with DeLCan Corporation to study and report
on remedial measures for basement flooding in the Chtppawa community.
ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the
report be received and adopted. Carried Unanimously--.
See By-law No. 87-240.
!IW-87-217 - Chief Administrative Officer - Re: 1987 Capital Budget Projects
- Watermain on St. Clatr Avenue (Huron Street to Simcoe Street) - AND -
Watermain on Culp Street (Main Street to Drummond Road). The report recommends
that the by-law appearing on tonight's agenda be passed by Council.
ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the
report be received and adopted. Carried Unanimously._L
See By-law No. 87-239.
F-87-61 - Chief Administrative Officer - Re: Municipal Accounts. The
report recommends that the accounts totalling $2,143,728.47 for the period
ending November 30th, 1987, be approved by the passing of the by-law appearing
later on the agenda-
Alderman Harrington declared a conflict of interest on Cheque No. 289496
because his wife is a Fast President of the organization.
Alderman Hinsperger declared a confllct of interest on Cheque Nos. 28579
and 28926 because he is employed with the company.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that
the report be received and adopted. The motion Carried with Aldermen Harrington
and Hinsperger abstaining from the vote on Cheque Nos. 28949, 28579 and 28926
consecutively, on conflicts of interest previously recorded; and with all others
voting in favour.
CD-87-79 - Chief Administrative Officer - Re: Appointments to Various
Boards, Commissions and Committees- The report recommends that an advertisement
be placed in the local paper advising of vacancies which will occur on certain
Boards, Commissions, and Committees on December 31, 1987, and inviting those
citizens who may wish to serve, to submit a request for appointment on forms
provided by the City Clerk's Department, and that a further report be prepared
outlining the applications received, for Councfl's consideration at its meeting
to be held on December 21, 1987.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried UnanimousIX-.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No, 87-239 - A by-law to authorize the installation of watermains as
improvements to the water supply system in the Urban Service Areas
of the City.
No. 87-260 - A by-law to authorize the execution of an agreement with DeLCan
Corporation respecting a study and report on remedial measures for
basement flooding for the Chippaws Community.
87-241 - A by-law to authorize the execution of an agreement with Robert
M. Martin Engineering & Project Management Inc. for engineering
services with respect to Mewburn Road sanitary sewer, forcemain and
pumping station.
-4-
No. 87-242 - A by-law to provide monies for general purposes.
The motion Carried with Aldermen Harrington and Hinsperger abstaining from the
vote on By-law No. 87-242 on conflicts of interest previously recorded in Report
No. F-87-61; and with all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Htnsperger,
that the following by-laws be now read a second and third time:
No- S7-239 - A by-law to authorize the installation of watermains as
improvements to the water supply system in the Urban Service Areas
of the City.
No. S7-240 - A by-law to authorize the execution of an agreement with DeLCan
Corporation respecting a study and report on remedial measures for
basement flooding for the Chippawa Community.
No. 87-241 - A by-law to authorize the execution of an agreement with Robert
M. Martin Engineering & Project Management Inc. for engineering
services with respect to Mewburn Road sanitary sewer, forcemain and
pumping station-
No. 8~-242 - A by-law to provide monies for general purposes-
The motion Carried with Aldermen Harrington and Hinsperger abstaining from the
vote on By-law No. 87-242 on conflicts of interest previously recorded; and with
all others voting in fayour-
NEW BUSINESS
ITEMS OF CONCEKN:
Environmental Test Results -
Alderman Cummings expressed concern that the undesirable results of the
Provincial Governmeutts environmental testing had been headlined during the
tourist season, having au impact on the tourist industry, whereas the report
signifying good results had recently been placed well back in the paper-
Conference - Issues on~azardous Waste -
Alderman Harrington referred to the handout report regarding the above named
conference he and Alderman Coville had artended in Hamilton on November 28th,
1987.
Alderman Coville advised that Lynda Varangu, Ontario Waste Exchange, had
offered to address Council, the Environmental Committee, or Municipal Works
Committee. His Worship Mayor Smeaton expressed appreciation to the Aldermen for
their attendance at the conference as well as the report, and advised that
Council would be interested in hearing Ms. Varangu.
GO Transit System-
Alderman Pay discussed his attendance at the meeting of the GO Transit Expansion
Study between Burlington and Hamilton on November 24th, 1987, his meeting with
Brian Ogden, Project Manager for the extension between Hamilton & Burlington,
Howard Anders, Senior Planner, both with M.T.O.; and John Suthern, P. Rug.,
McCormick & Rankin, their interest in the technical data from a previous study,
and their willingness to consider the future extension of the system into the
Niagara.Region.
Courthouse Security -
Aldemnan Pay referred to the concern of the Niagara Regional Police Department
and Police Association regarding the safety and security of the Courthouse
building, discussed the seriousness of the situation, and the need for a lease
being signed with the City, allowing the Provincial Government to finance
renovations.
His Worship Mayor Smeaton referred to the proposals received from private
individuals who were interested in negotiating for a new Courthouse facility
through the Province and the City- He advised that information should be
received from the proponents within two weeks.
The Chief Administrative Officer advised that a meeting had been held
earlier on this date to consider the matter. He further advised that the
present lease for the Courthouse expires at the end of 1987, and the matter will
have to be addressed before that time.
ITKI~ OF INTK~ST:
Welcome-
His Worship Mayor Smeaton welcomed Regional Councillor Brian Merrett to the
meeting. Regional Councillor Merrett discussed the financing of the 911 System-
Delegation Frol China -
His Worship Mayor Smeaton discussed the proposed upcoming visit to Niagara Falls
by a delegation from Yingkow City, Province of Liaoning, China. He stated that
this would be a twinning association with the City of Niagara Falls.
It was moved by Alderman Coville, seconded by Alderman Hinsperger, that the
meeting adjourn. Carried Unanimousl
READ AND ADOP/T~ED,
MAYOR WI~ S. SMEATON
FORTY-THIRD MEETING
COMMITTEE OF THE WHOLE
Committee Room #1
December 7, 1987
Council met on Monday, December 7th, 1987, at 7:00 p.m. in Committee of the
Whole. All members of Council, with the exception of His Worship Mayor Smeaton,
were present. Alderman Cummings presided as Chairman.
Following consideration of the
arose without reporting.
READ AND ADO ED,
the Committee of the Whole
RESOLUTION
No. 92 - Chessman - Minsperger - RESOLVED that Alderman Patrick Cummings be
appointed Acting Mayor in the absence of His Worship Mayor William S. Smeaton,
from Sunday, December 6th, 1987, to Friday, December llth, 1987, inclusive and
Alderman Paisley Janvary be appointed Acting Mayor from Monday, December 21st,
1987, to Tuesday, December 29th, 1987 inclusive; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously.
REGULAR MEETING
Council Chambers
December 7, 1987
Council met on Monday, December 7th, 1987, at 7:30 p.m. for the purpose of
considering regular business. All members of Council, with the exception of His
Worship Mayor Smeaton, were present. Acting Mayor Patrick Cummings presided as
Chairman. Alderman Orr offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Chessman
that the minutes of the meeting dated November 30th, 1987, be adopted as
printed. Carried Unanimously.
DEPUTATIONS
SUPER HAIL BOXXS -
Comstunication Nos. 367A, 367B & 367C - Petitions from Residents of Clencannon
Estates - Re: Super Mailboxes. The communications request that the place-
ment of the super mailboxes be reviewed and that placement be made at one or
both entrances to the subdivision, on Coventry Road adjacent to Block O, and on
Pitton Road adjacent to the Hydro Transmission lines.
Mrs. Valetie Dohar, 6772 Buckingham Drive reviewed a written submission
with respect to the concerns of residents regarding the placement of super mail-
boxes, referred to newspaper items, opposition from other cities which have had
experience with these mailboxes having been installed without prior knowledge,
and stated that the concerned residents are not objecting to the super mailboxes
but only to the placement and lack of previous notification by Canada Post.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Harrtngton,
that this matter be referred to Staff to advise Canada Post of the concerns
expressed, particularly with respect to notification to involved residents
allowing them the opportunity to comment prior to placement of the mailboxes;
ascertain the rights of the City respecting placement of the mailboxes, and
submit a report. Carried Unanimously.
HUNA~ SOCIBTY/OVEREXPENDITUKE - 1987 BUDGET ALLOCATION -
Report No. C-87-29 - Chief Adainistrative Officer - Re: Humane Society -
Overexpenditure - 1987 Budget Allocation. The report recommends that the Humane
Society be provided with an amount of $4,000.00 per week commencing December
7th, 1987, in order to meet current financial obligations and that any amounts
over the Society's approved 1987 budget allocation be included in 1988 budget
discussions-
Mr. A.F. Sheppard, Solicitor for the Humane Society, and Mr. Doug Green,
Manager, Niagara Falls Humane Society, were in attendance- Mr. Sheppard stated
that the overexpenditure was "not a result of mismanagement", and that this was
an "urgent, short term situation" respecting payroll and incinerator repairs-
Following a discussion, it was moved by Alderman Puttick, seconded by
Alderman Hinsperger, that a $16,000-00 grant to the Humane Soclety be approved
for the balance of 1987. The motion Carried with the following vote:
AYE: Aldermen Baker, Campbell, Cheesman~ Coville, Harrington, Hinsperger,
Hopkins, Janvary and Puttick.
NAYE: Aldermen Orr and Pay.
COMMUNICATIONS
No. 368 - Township of Peel - Re: Resolution. The communication asks
Council to endorse a resolution to be forwarded to the Premier of Ontario,
A.M.O., and the local Member of Parliament, requesting that legislation be
enacted to preserve the environment.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Coville, that
the resolution be endorsed. The motion Carried with the following vote:
AYE:
NAYE:
Aldermen Baker, Campbell, Cheesman, Coville, Harrington, Hinsperger,
Hopkins, Janvary and Pay.
Aldermen Orr and Puttick.
No. 368 - Niagara South Board of Education - Re: Annual Report on Community
Use of Schools - 1986/87. The communication attaches the aforementioned report.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Minsperger,
that the communication be received and filed, and a letter of appreciation be
forwarded to the Board, and Recreation Staff for their efforts-
Carried Unanimously.
No. 370 - Niagara Falls Blackhawks Hockey Club - Re: Annual Christmas Party
- Niagara Falls Memorial Arena, December 19th, 1997. The communication requests
a Special Occasion Permit for the event.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Minsperger,
that Council indicate it has no objection to the issuance of a special occasion
permit to the Niagara Falls Blackhawks Hockey Club for the Annual Christmas
Party to be held at the Niagara Falls Memorial Arena on December 19th, 1987,
subject to the approval of the Regional Police Department, the Niagara FallR
Fire Department, the Regional Niagara Health Services Department and the Liquor
Licensing Board of Ontario. Carried Unanimously.
No* 371 -~he Association of Xinsm~n Clubs - Re: Financial Assistance. The
communication advises of the Kinsmen Club's campaign for funds, and requests
financial support in the form of an advertisement in KIN Magazine.
ORDERED on the motion of Alderman Pay, seconded by Alderman Puttick, that the
communication be referred to the Finance Committee for consideration. The
motion Carried with the following vote:
AYE:
NAYE:
Aldermen Baker, Campbell, Cheesman, Coville~ Harrington, Hinsperger,
Hopkins, Janvary, Pay and Puttick.
Alderman Orr.
J
3
No. 372 - Province of Ontario, Environmental Assessment Board - Re: Walker
Brothers Quarries Limited Application. The communication includes a report on
the application for approval to expand the service area of an existing waste
disposal site.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker, that
the communication be received and filed. The motion was Defeated with the
following vote:
AYE: Aldermen Baker, Hinsperger, Orr and Puttick.
NAYE: Aldermen Campbell, Cheesman, Covllle, Harrington, Hopkins, Janvary and
Pay.
During the discussion, concern was expressed regarding the restriction of
quantity of waste over a minimum period of 3 years, and lack of a reciprocity
agreement.
ORDERED on the motion of Alderman Pay, seconded by Alderman Coville, that the
matter be referred to the Solicitor to determine a course of action, and submit
a report. The motion Carried with the following vote:
AYE: Aldermen Campbell, Cheesman, Coville, Harrington, Hinsperger, Hopkins,
Janvary, and Pay.
NAYE: Aldermen Baker, Orr and Puttick.
REPORTS
FD-87-10 - Chief Administrative Officer - Re: Purchase of Fire Department
Vehicles. The report recommends that Council accept the tender of Autoland ~
Chrysler for the purchase of a 4-door Sedan at a cost of $14,084.00 and the
tender of Motorville for a 4-door Station Wagon at a cost of $16,465.68; both
vehicles are 1988 models.
ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 93-
NN-87-218 - Chief Administrative Officer - Re: Encroachment on City
Easement, 3777 Panama Court, Pt. Lot 48, Plan M-53. The report recommends the
following:
1) That the City release and abandon its easement rights on Part 3, Plan
59R-2206 (the release and abandonment apply to the area of encroachment
only); and
That the by-law authorizing the above be approved-
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Pay, that
Carried Unanimously.
See By-law No. 87-244-
2)
the report be received and adopted.
NW-87-219 - Chief Administrative Officer - Re: 1987 Capital Budget Storm
Sewer Projects. The report recommends that the by-law appearing on tonight's
agenda be passed by Council.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
See By-law No. 87-245.
M~-87-221 - Chief Administrative Officer - Re: Contract G.C. 32-87 -
Underground Services for West Meadow Subdivision (Stage 1). The report
recommends that the unit prices submitted by the low tendeter, Provincial
Construction (Niagara Falls) Limited, be accepted and this contract be awarded.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
See Resolution No. 94.
-4-
l)
2) That the 1988 Greenlug Plan, as outlined, be endorsed;
3) That a $50,000.00 reserve be endorsed for implementation of the 1988
Greentng Plan; and
4) That the attached blank greenlug project forms be used to identify
additional greenlug projects for the Committee's consideration.
During the discussion, the Committee was commended on its efforts.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hinsperger, that
Item No. 3 be amended to refer the $50,000.00 reserve to the Finance Committee
for consideration. It was further recommended that the amended report be
received and adopted- Carried Unanimously.
~D-87-158 - Greenlug Co~ittee - Re: The 1988 Greening Plan. The report
recommends the following:
That the attached Terms of Reference for the Greentug Committee be adopted;
1-87-62 - CMef Ad~n~strative Officer - Re: Municipal Accounts- The
report recommends that the accounts totalling $8,261,383-08 for the period
ending December 7th, 1987 be approved by the passing of the by-law appearing
later on the agenda.
Alderman Campbell declared a conflict of interest on Cheque No. 29285
because the organization is a client-
Alderman theesmart declared a conflict of interest on Cheque No. 29138
because his wife is employed with the Board.
Acting Mayor Cummings declared a conflict of interest on Cheque No- 29146
because a family member belongs to the association.
Alderman Herrington declared a conflict of interest on Cheque No. 29073
because he is employed by the Board; and a conflict of interest on Cheque No.
2~160 because his wife is a former Vice President of the organization.
Alderman Hinsperger declared a conflict of interest on Cheque No. 29069
because he is employed with the company.
Additional information was provided on Cheque Nos. 29121 and 29227.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that Cheque
No. 29198 be tabled for further information. The motion Carried with the
following vote:
AYE: Aldermen Campbell, Cheesman, Coville, Harrington, Hinsperger, Hopkins,
Janvary, Orr, Pay and Puttick- ~
NAYE:Alderman Baker.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that
Cheque No. 29227 be tabled. The motion was Defeated with the following vote:
AYE: Aldermen Orr and Puttick.
NAYE: Aldermen Baker, Campbell, Chessman, Coville, Marrington, Hinsperger,
Hopkins, Janvary and Pay-
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Coville,
that the report be received and adopted. The motion Carried with Aldermen
Campbell, Chessman, Acting Mayor Cummings, and Aldermen Harrington and
Hinsperger abstaining from the vote on Cheque Nos. 29285, 29138, 29146, 29073,
29160 and 29069 consecutively, on conflicts of interest previously recorded; and
with all others voting in favour.
F-87-63 - Finance Committee - Re: Committee Reports. The report recommends
the following:
1) Lundyeo Lane Historical Museum Feasibility Study -
That the feasibility study regarding new museum facilities be referred to
current budget deliberations;
-5-
2)
Agreement - Niagara Falls Junior B Canucks -
That the previous agreement with the Niagara Falls Junior B Canucks be
renewed without change;
3)
Deposit Refund Request - Sonya Tonn -
That the request by Mr. Kevin Smith on behalf of Miss Sonya Tonn for a
refund of an industrial lot purchase deposit be denied;
4)
Ontario Hotel & Motel Association Membership -
That a membership in the Ontario Hotel & Motel Association be referred to
the Niagara Falls Canada Visitor and Convention Bureau for consideration.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Coville,
that the report be received and adopted- The motion Carried with Alderman
Janvary voting contrary on Item No. 3; and with all others voting in favouro
No. F-87-64 - Finance Co~ttee - Re: Request of Board of Governors of
Niagara College of Applied Arts & Technology. The report recommends that
Council approve an Agreement between the Corporation and the Board of Governors
of Niagara College of Applied Arts & Technology dated the 22nd day of October,
1979 be amended by waiving the existing provision requiring the repayment of
$105,000.00 to the City, providing that construction of a campus is undertaken
on the lands which are the subject of the agreement.
Alderman Orr declared a conflict of interest because she is employed with
the Board.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Hopkins,
that the report be received and adopted. The motion Carried with Alderman Orr
abstaining from the vote on a conflict of interest previously recorded; and with
the following vote:
AYE: Aldermen Baker, Campbell, Cheesman, Coville, Hinsperger, Hopkins,
Janvary, Pay and Puttick.
NAYE: Alderman Harrington.
See By-law No. 87-247.
No, CD-87-82 - Chief Administrative Officer - Re: Renewal of Contract for
Lottery Licensing Inspector. The report recommends that the contract between
the City and Mrs. ~gela Arntz, Lottery Licensing Inspector, be extended for a
period of one year to November 21, 1988.
ORDERED on the motion of Alderman Harrington, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
See By-law No. 87-246.
F~-87-10 (MANDO~T) -~ayor S~eaton - Re: OV SIc-Pitch Tournament Conflicts.
The report advises that meetings have been held with representatives of Carling
OtKeefe Breweries Ontario Limited, Molson Ontario Breweries Limited and the
Niagara Falls Optimist Club with respect to the subject matter, and further,
that detailed proposals and requests for municipal park use are being submitted
for Council's perusal and decision on December 14th, 1987.
RESOLUTIONS
No, 93 - PAY - HINSPERGER - RESOLVED that the unit prices submitted by
Autoland Chrysler for the purchase of a 4-door Sedan, in the amount of
$14,084.00, and the unit prices submitted by Motorville for a 4-door Station
Wagon in the amount of $16,465.68, be accepted; AND the Seal of the Corporation
be hereto affixed.
Carried Unanimously.
-6-
No. 94 - HOPKINS - HINSPBRGER- RESOLVED that the unit prices submitted by
Provincial Construction (Niagara Falls) Limited, for Contract G.C. 32-87 -
Underground Services for West Meadow Subdivision (Stage 1), at the low tendered
amount of $636,679.54 be accepted; ~2qD the Seal of the Corporation be hereto
affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Hopkins, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first time:
No. 87-243 - A by-law to amend By-law No- 79-200, as amended. (AM-26/87 -
6061 North Street, A. & E. Szeles for Knights of Columbus, Report
PD-87-123 approved by Council on September 14, 1987).
No. 87-244 - A by-law to authorize a release and abandonment of an easement.
(Part 1, Ref. Plan 59R-5545, Neudorf).
No. 87-245 - A by-law to authorize the construction of storm sewermains as
improvements and extensions to the sewage system in the Urban
Service Areas of the City.
No. 87-246 - A by-law to amend an agreement with Angela Arntz.
No. 87-247 - A by-law to authorize an amendment to an agreement with The
Board of Governors of Niagara College of Applied Arts and
Technology.
No. 87-148 - A by-law to authorize the execution of an agreement with
Provincial Construction (Niagara Falls) Limited for sewermains,
watermains and base road construction in the West Meadow
Subdivision - State I.
No. 87-249 - A by-law to provide monies for general purposes.
The motion Carried with Alderman Orr abstaining from the vote on By-law No.
87-247 on a conflict of interest previously recorded in Report No. F-87-64;
Alderman Harrington voting contrary on By-law No. 87-247; Acting Mayor Cummings
and Aldermen Campbell, Chessman, Harrington and Rinsperger abstaining from the
vote on By-law No. 87-249 on conflicts of interest previously recorded in Report
No. F-87-62; and with all others voting in fayour.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Hopkins, that
the following by-laws be now read a second and thlrd time:
No. 87-243 - A by-law to amend By-law No. 79-200, as amended.
87-244 - A by-law to authorize a release and abandonment of an easement.
No. 87-245 - A by-law to authorize the construction of storm sewermains as
improvements and extensions to the sewage system in the Urban
Service Areas of the City.
Mo. 87-246 - A by-law to amend an agreement with Angela Arntz.
No, 87-247 - A by-law to authorize an amendment to an agreement with The
Board of Governors of Niagara College of Applied Arts and
Technology.
87-248 - A by-law to authorize the execution of an agreement with
Provincial Construction (Niagara Falls) Limited for sewermains,
watermains and base road construction in the West Meadow
Subdivision - Stage I.
No. 87-249 - A by-law to provide monies for general purposes. . . . . 7
7
The motion Carried with Alderman Orr abstaining from the vote on By-law No.
87-247 on a conflict of interest previously recorded; Alderman Harrington
voting contrary on By-law No. 87-247; Acting Mayor Cummings and Aldermen
Campbell, Cheesman, Harrington and Hinsperger abstaining from the vote on By-law
No. 87-249 on conflicts of interest previously recorded; and with all others
voting in favour.
NEW BUSINESS
ITEMS OF CONCERN:
Dangerous Crossing/Riall Street & St- Andrew Avenue -
Acting Mayor Cummings referred to the handout letter from John and Linda Killtp
regarding the need for a traffic guard to protect school children at the above
named intersection.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Campbell, that
the communication be referred to the Parking & Traffic Committee for considera-
tion- Carried Unanimously.
City of Niagara Falls/Information Booths -
Acting Mayor Cummings advised that the Manager of the Marketing Branch of
Tourism and Recreation has been dealing with Information Booths in the area, and
that this matter would be given consideration at the Parking & Traffic Committee
meeting on December 8th, 1987.
Letter of Condolence -
ORDERED on the motion of Alderman Janvary, seconded by Alderman Coville, that a
letter of condolence be forwarded to the family of the late James (Jim)
Anstruther, former member of the Stamford Volunteer Firemen's Association and
well respected member of the community. Carried Unanimously.
AM0/Municipalities & Federal Tax Reform-
Alderman Campbell referred to the Information for Council communication
regarding the Municipalities and Federal Tax Reform, and discussed the
importance of the changes in tax reform.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Hopkins, that
the matter be referred to Staff for an investigation and report to Council.
Carried Unanimously.
Bin~o Halls/December 25, 1987 -
Alderman Janvary expressed concern regarding a complaint she had received that
Bingo Halls would be open on December 25th, 1987. The Deputy City Clerk advised
that licences have been issued for that date, and further, that there was
nothing in the Provincial regulations or City by-laws prohibiting bingos on
Christmas Day.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Harrington, that
the Deputy City Clerk contact the Bingo Hall owners, asking if they would
volunteer to remain closed on December 25th, 1987. The motion was Defeated with
the following vote:
AYE: Aldermen Baker, Coville, Harrington, Hopkins and Puttick.
NAYE: Aldermen Campbell, Cheesman, Htnsperger, Janvary, Orr and Pay.
ITENSOF IH~REST:
Smokiug By-law/Si~ns -
Alderman Cheesman presented a sample of the signs to be placed throughout the
City with respect to the "No Smoking" by-law.
GO Transit System-
Alderman Pay advised that a meeting would be held with respect to the GO Transit
System in the Regional Chambers at 3:30 p.m. December 8ths 1987.
-8-
l~tters of Congratulations -
Alderman Janvary referred to Information for Council communications from the
Ministry of Tourjam and Recreation regarding the Corps d'Elite Award presented
to Robert Sones Sr., and the communication from Brights Wines Limited advising
that the company had received three gold medals and a silver medal from the 1987
Monde Selection International wine competition in Europe, and suggested that
letters of congratulations be forwarded to Mr. Robert Sones, Sr., and to Brights
Wines Limited on their achievements.
Rural Drainage Problems -
Alderman Hopkins commended the engineering Staff with regard to meeting with
consultants regarding rural drainage problems.
It was moved by Alderman Puttick, seconded by Alderman Orr, that the
meeting adjourn. Carried Unanimously.
READ AND AD~pPTED,
ACTING
CUMMINGS
FORTY-FOURTH MEETING
COMMITTEE OF THE WHOLE
Committee Room ~1
December 14, 1987
Council met on Monday, December 14th, 1987 at 4:30 p.m. in Committee of the
Whole. All members of Council were present. Alderman Hinsperger presided as
Chairman-
Following consideration of the esented, the Committee of the Whole
arose without reporting. ~ ~.
READ AND~PTED,
PLANN~/,..~.~A~'MEETING
Council Chambers
December 14, 1987
Council met on Monday, December 14th, 1987 at 7:30 p.m. for the purpose of
considering Planning Matters and regular business. All members of Council were
present- His Worship Mayor Smeaton presided as Chairman. Alderman Cheesma~
offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Orr, seconded by Alderman Cummings, that the
minutes of the meeting held December 7th, 1987, be adopted as printed.
Carried Unanimously.
WELCOME
VISIT BY DELEGATION OF TIffS PEOPLE'S REPUBLIC OF CHINA-
His Worship Mayor Smeaton welcomed Deputy Mayor Chang Yi, The People's
Municipal Goverment of Yingkou City; Deputy Director of Economy & Planning
Committee, Chend Wei Ling; Deputy Director Huang Guan-Lin and Vice Liaison
Division Chief and Interpreter She Ke-Ning, of The Foreigh Affairs Office of
Yingkou City, to the City of Niagara Falls and the Council meeting.
On behalf of City Council and the community, Mayor Smeaton presented the
Chinese delegation with a Proclamation that the week of December 13 to 18, 1987
has been proclaimed "City of Yingkou Week".
3lET NIAGARA SCOUT TROOP & B~AVEI~ -
His Worship Mayor Smeaton welcomed representatives of the 31st Niagara Scout
Troup and Beaver representatives to the meeting.
Alderman Marrington retired from the meeting.
DEPUTATION
NIAC-ARA TRANSIT -AND - NIAGARA CIIATR-A-VAN -
Cosmunieation No 368A - Niagara Transit - Re: 1988 Budget Request. The
communication attaches the proposed 1988 Budget which was presented to the
Finance Committee on November 30, 1987, and requests an early approval of the
fare increase, the purchase of electronic fare-registering fareboxes, and the
purchase of two new buses.
-2-
Communication No. 368B - Niagara Chair-A-Van - Re: 1988 Budget Request.
The communication encloses the proposed 1988 Budget which was submitted to the
Finance Committee on November 30th, 1987, and asks Council to immediately
approve the proposed budget.
Mr. Ken Dubois, Chairman, Mr. Guy Prata, Vice Chairman, Mr. Don Pierson,
Publicity Chairman, and Mr. Rudoph H. Meuser, Secretary of the Greater Niagara
Transit Commission were in attendance; as well as Mr. Hector Lapierre, Member of
the Board of Management for Chair-A-Van; and Mr. J.T. McMahon, Manager, Mr. Bob
Hawes, Superintendent of Operations, and Mr. Terry Librock, Office Manager for
Niagara Transit.
Mr. Dubois,Feviewed the submission from Niagara Transit, asked that Council
a~p~ the requested 1988 Budget, and responded to questions raised.
ORDB.RF~.7'on~h~j~o~ion o~ Alderman Cummings, seconded by Alderman Cheesman, that
the ~ommunication be received and the request approved. Carried Unanimously.
Mr. Dubois discussed the increasing service of Chair-A-Van requiring a
second full time driver, and requested the approval of Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell, that
the communication be received and the request approved. Carried Unanimously.
UNFINISHED BUSINESS
SLO-PITCH GAMES - OPTIMIST CLUB -
!1-87-11 - Bayor Sm~nEon - Re: Use of City Diamonds/September 1988. The
report advises of meetings with representatives of the Niagara Falls Optimist
Club and Mr. Patrick R. LaForge of Molson Ontario Breweries Limlted and Messrs.
Mike Abbott, Douglas M. Boyce and Cord Walker of Carling O'Keefe Breweries
Ontario Limited; attaches submissions received from Carling O'Keefe, The
Optimist Club, Molson Ontario Breweries Limited and Parks & Recreation
Department; and advises that Council must decide which organization will have
the use of the Municipal facilities to be used in conjunction with the
privately-owned ball parks for the major tournament.
Cossunication Nos. 369A, 369B, 369C and 369D - Niagara Falls Soccer Club Inc.,
G-N.BoA., Royal Canadian Mr Cadera, and Niagara Falls & Fore Erie Police Club
- Re: Optimist Club. The communications express support of the Optimist Club.
-AND-
Communication No. 370A - The Optimist Club - Re: Slo-Pitch Tournaments.
The communication attaches a letter to the Recreation Department requesting a 3
year agreement between the City of Niagara Falls and the Optimist Club for use
of all available parks in the City during the two weeks following the Labour Day
week-end.
Co---unicaEion No. 370B - MolsonOntario Breweries Limited - Re: Coors
Slo-Pitch. The communication discusses the agreement between Molson Ontario
Breweries Ltd. and the Optimist Club for the sponsorship of the Optimist Club's
Provincial Slo-Pftch Tournament.
Co~aunication Nos. 370C, 370D and 370K - BOys' & Girls' Club, Niagara Girlse
Kinor Softball Langae and Niagara Falls Track Club - Re: Slo-Pitch
Tournament. The communications support the position of the Optimist Clu~.
His Worship Mayor Smeaton advised that a meeting had been held earlier on
this date, and that both principles had requested that the matter be tabled for
a week or more in order to provide an opportunity for the Optimist Club and
Carling OeKeefe representatives to meet and discuss a resolution to the problem
prior to returning to Council.
ORDERED on the motion of Alderman Cummings, seconded by Alderman CheSsman, that
the report and communications be received and filed, and the matter be tabled.
Carried Unanimously.
- 3-
REPORTS - PLANNING MATTERS
PD-87-163 - Chief Administrative Officer - Re: Official Plan Amendment No.
167, AM-33/87, Walker Brothers Quarries Ltd. The report recommends the
following:
1)
That Council approve Official Plan Amendment Application No. 167 and hereby
direct Staff to prepare an appropriate amendment document for Courtcilia
subsequent adoption;
2)
That policies be incorporated within the Official Plan Amendment to require
the implementation of mitigative and/or remedial works with respect to bank
stability and railway noise and vibrations;
3)
That the Regional Municipality of Niagara be advised of Council's
concurrence with an urban area boundary adjustment which coincides with the
redesignation of lands for residential development purposes.
-AND -
Communication No. 371A - Regional Niagara PlannIUg & Development Department
- Re: Official Plan Amendment No. 167, Proposed Residential Development (Walker
Heights), Mountain Road and St- Paul Avenue. The communication advises that the
Regional Planning Staff are not aware of any insurmountable problems which would
prevent the development of these lands and which would indicate that the
proposed Official Plan Amendment should not be approved. The communication
further advises that the Regional Public Works and City Engineering Departments
will be commenting on servicing. ~
- AND -
Communication No. 371B - CN - Re: Proposed O.P.A. No. 167 and Zoning
By-law Amendment, Walker Brothers Quarries Limited; Walker Heights, Mile 3.85 to
3.9, Grimsby Subdivision. The communication advises that the Railway does not
favour the locating of any new residential development adjacent to its operated
right-of-way; and recommends that the City adopt a policy statement to include
the Rail Noise, Vibration and Safety Impact Policy attached.
- ~ -
Cossaunication No. 371C - Niagara Peninsula Conservation Authority - Re:
Proposed Official Plan Amendment No. 167, Walker Heights, Part of Lots 5, 16,
and 25 (Stamford Township). The communication advises that the Conservation
Authority does not have objections to the proposed amendment, but requests that
the proposed official plan amendment ensure the hazard lands are appropriately
designated to restrict development.
His Worship Mayor Smeaton declared the Public Meeting open, and reviewed the
procedure to be followed under the Planning Act, 1983.
The City Clerk explained that the subject lands were Iotated on the north
side of Mountain Road and the west side of St. Paul Avenue, south of the C.N.R.
mainline and east of the Calaguiro Estates subdivision; the lands are known
locally as being part of the former St. Derides Gravel Pit. He stated that a
notice was published in the local newspaper respecting the Official Plan
Amendment on November 13th, 1987.
Mr. Duncan MacPariahs, of MacFarlane & Brooks, Pelham; Mr. Bob O'Dell and
Mr. Glen Barker, of Miller O~Dell & Paul Planning Consultants, St. Catharines,
indicated their presence on behalf of Walker Brothers Quarries, the Applicant.
There was a positive response to Mayor Smeaton's request for a show of hands
from persons present, other than the applicant and his agent, who were
interested in the application. He asked that persons wishing to receive further
notice of the passing of the by-law submit their names and addresses to the
Clerk prior to leaving the meeting.
The Planning Director discussed the subject lands with the assistance of the
posted sketches, and reviewed the following information in the Technical Report:
Development Proposal; Official Plan Amendment; Zoning By-law; Surrounding Land
Uses; Public Notification Process; and Planning Review.
-4-
Alderman Coville declared a conflict of interest because her place of
business has an interest in property in the area.
The Planning Director replied to questions raised with respect to adjacent
lands; bank stability of adjacent lands; the proposed draft design; emergency
access; storm water drainage into Niagara-on-the-Lake; and procedural policies.
The Director of Municipal Works responded to questions raised in connection
with sewer and water services.
There was a negative response to Mayor Smeaton's request for comments from
persons, other than the applicant, in support of or opposed to the application.
Mr. MacFarlane, Solicitor, stated that the draft plan indicates one concept
of the proposed subdivision, and further, that if the proposal was approved, a
plan would be submitted with details. He discussed resolving of the Niagara
Peninsula Conservation Authority's concerns, and assured Council that his
clients were aware of the problems involved. Mr. MacFarlane referred to the
Public Meeting held June 2rid, 1987. He stated that the Applicant would proceed
as quickly as possible, subject to procedures, and the necessary cooperation
with the developers of the Calaguiro Estates.
Since no further comments were forthcoming, His Worship Mayor Smeaton
declared the Public Meeting closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted- The motion Carried with Alderman
Coville abstaining from the vote on a conflict of interest previously recorded;
and with the following vote;
AYE: Aldermen Baker, Campbell, Cheesman, Cummings, Minsperger, Hopkins,
Janvary, Orr and Puttick.
NAYE: Alderman Pay.
PD-87-165 - Chief A~istrative Officer - Re: Zoning Amendment Application
AM-38/87 - 414878 Ontario Limited, 5810 Stanley Avenue. The report recommends
the following:
-5 -
His Worship Mayor Smeaton received a negative response to his request for a
show of hands from persons present other than the applicant, who were in favour
of, or opposed to the application.
Mr. Martnelli, stated that he had no further comments to make.
Since no further comments were forthcoming, Mayor Smeaton declared the
Public Meeting closed.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the
report be received and adopted. Carried Unanimously.
PD-87-166 - Chief Administrative Officer - Re: Zoning Amendment Application
AM-36/87, A. Marinucci; Dunn Street. The report recommends that Council not
support the subject application.
His Worship Mayor Smeaton declared the Public Meeting open, and stated that
the same procedure, as in the previous applications, would be followed.
The Clerk advised that the property was located on the south side of Dunn
Street, between Drummond Road and Allanthus Avenue; that the Applicant requests
an amendment to the zoning by-law to permit construction of three townhouse
dwellings and a single family dwelling; and that Notices of the Public Meeting
had been forwarded to interested persons on November 5th, 1987.
Mayor Smeaton received a positive response to his request for an indication
of the presence of the Applicant or his agent, and persons present who were~in
favour of, or opposed to the application- He asked all persons wishing to
receive further notice of the passing of the by-law to submit their names and
addresses to the Clerk prior to leaving the meeting.
The Planning Director discussed the subject lands with the assistance of
posted sketches. He reviewed the following information contained in the
Technical Report: Development Proposal; Official Plan; Zoning By-law Amendment;
Surrounding Land Use; Planning Review; Proposed Zoning Amendments;
Compatibility; Site Design and Site Plan Review, and recommended that Council
not support the application.
1) That Council support the proposed amendment to Zoning By-law 79-200 for the
purpose of constructing an addition to an existig restaurant;
There was a negative response to Mayor Smeaton's request for comments from
persons, other than the Applicant, in support of the application.
2
That site specific By-law 79-53 be amended to reduce the exterior side yard
along Spring Street to zero for the purpose of constructing a one-storey
solarium being approximately 28.5 square metres (307 square feet) in area.
His Worship Mayor Smeaton declared the Public Meeting open and advised that
the procedure under the Planning Act, 1983, as in Fhe previous application,
would be followed.
The Clerk advised that the Notices of the Public Meeting were forwarded on
November 5th, 1987; stated that the lands were comprised of all of Lots 868,869
and Part of Lot 870, Registered Plan 746, now known as Plan 9, with a frontage
of 15.24 metres along Stanley Avenue and a lot frontage of 75.14 metres along
Spring Street; and further, that the Applicant is proposing to construct an
addition to the southerly side of the existing restaurant-
Mr. D.F. Marineill, Solicitor, indicated his presence on behalf of the
Applicant. A negative response was received regarding Mayor Smeaton's-request
for a show of hands from persons interested in the application. Mayor Smeaton
asked that all persons wishing to receive further notice of the passing of the
by-law to submit their names and addresses to the Clerk prior to leaving the
meeting.
The Planning Director discussed the subject lands with the assistance of
posted sketches. He reviewed the following information contained in the
Technical Report: Development Proposal; Official Plan; Zoning By-law Amendment;
Surrounding Land Use; Agency Notice; Planning Review; and Site Plan Review.
Mrs. Pat Millington, 6046 Dunn Street, stated that she was opposed to the
application because of traffic congestion in the area, incompatibility with
surrounding land use, and the impact of the proposed development.
Mr. Donato Colangelo, Agent for the Applicant, stated that his client would
like to table the matter in order to allow an opportunity to present a revised
proposal with 5 townhouses which would require an Official Plan Amendment-
Mayor Smeaton advised that the revision would require recirculation.
Following a brief discussion, Mayor Smeaton declared the Public Meeting
closed.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Orr, that the
report be received and the application denied. Carried Unanimously.
PD-87-167 - Chief Administrative Officer - Re: Zoning Amendment Application
AM-37/87, R. Agosto; Drummond Road and Arad Street. The report recommends that
Council not support the subject application.
- AND -
Cosmunication No- 372 - Petition from Residents - Re: AM-37/87, Southeast
Corner of Drummond Road and Arad Street, The petition signed by a number of
concerned residents of the area, opposes the application.
His Worship Mayor Smeaton declared the Public Meeting open, and stated that
the procedure under the Planning Acts 1983, as in the previous applications,
would be followed.
-6-
The Clerk advised that the Applicant was proposing to amend Zoning By-law
79-200 to permit construction of a nelghbourhood commercial variety store, with
a floor area of 117.5 square metres, and that the subject property was located
at the southeast corner of Drummond Road and Arad Street, being a vacant lot.
He further advised that the Notices of the Public Meeting were forwarded to
interested persons on November 5th, 1987.
It was noted that Mr. Donato Colangelo was in attendance on behalf of the
Applicant. Mayor Smeaton received a positive response to his request for a show
of hands from persons present who were in support of, or opposed to the
application. He asked that persons wishing to receive further notice of the
passing of the by-law submit their names and addresses to the Clerk prior to
leaving the meeting.
The Planning Director discussed the subject lands with the assistance of
posted sketches. He revlewed the following information contained in the
Technical Report: Development Proposal; Official Plan; Zoning By-law; Surround-
ing Land Use; Comments from Public Notification Process; Planning Review; and
Site Plan Review, and recommended that Council not support the application-
There was a negative response to Mayor Smeaton's request for comments from
persons, other than the Applicant or his agent, in support of the application-
Mr. Richard Pang, a nearby resident, expressed concern regarding increased
traffic in the event of the application being approved, and stated that there
were 3 - 4 similar services presently in the area.
Mr. Colangelo stated that his client did not necessarily wish to establish a
variety store, but to change the zoning to neighbourhood commercial to allow for
a fast food take-out service, beauty salon, etc. It was noted that the
application had specified a variety store, and Mayor Smeaton suggested that Mr.
Colangelo discuss the matter further with Planning Staff.
Since no further comments were forthcoming, His Worship Mayor Smeaton
declared the Public Meeting closed.
ORDERED on the motion of Alderman Orr, seconded by Alderman Hinsperger, that the
report be received and adopted, and the application denied.
Carried Unanimously.
PD-87-168 - Chief Administrative Officer - Re: Zoning Amendment Application
AM-40/87; J- Kendall, Stanley Avenue. The report recommends the following:
1) That Council support the proposed amendment to Zoning By-law 79-200, to
allow a contractor's or tradesman's shop;
2) That retailing be permitted from the site limited to not more than 30% of
the floor area for any one unit and not to exceed a maximum of 93 square
mettee (1,000 square feet) for said unit-
3) That no outslde storage be permitted in association with any uses permitted.
Alderman Coville declared a conflict of interest because she has a business
interest in the area.
His Worship Mayor Smeaton declared the Public Meeting open, and advised that
the same procedure as in the previous applications, would be followed.'
The Clerk advised that the property was located on the west side of Stanley
Avenue at George Street, south of Thorold Stone Road; and that the proposal is
to amend Zoning By-law 79-200, to permit the inclusion o~ a coutractor's or
tradesman's shop to the standard uses permitted in a Prestige Industrial Zone,
and to permit the retailing of products which are manufactured on site or needed
for installation and sold at wholesale in the units of the industrial mall. He
stated that the Notices of the Public Meeting were forwarded to interested
persons on November llth~ 1987.
-7-
It was noted that Mr. Frank A. Fraser, Solicitor, was in attendance on
behalf of the Applicant- A positive response was received to Mayor Smeaton's
request for a show of hands to indicate the presence of persons in favour of, or
opposed to the application.
The Planning Director discussed the subject lands with the assistance of
posted sketches- He reviewed the following information contained in the
Technical Report: Development Proposal; Official Plan; Zoning By-law Amendment;
Surrounding Land Use; Comments From Public Notification Process; Planning
Review; and Site Plan Review.
A negative response was received with regard to Mayor Smeaton's request for
comments from persons, other than the Applicant or his agent, in support of the
proposal.
Mr. Fraser stated that the Applicant did not require outside storage; that
his client was attempting to locate his office and allow inside shop work.
Since no further comments were forthcoming, His Worship Mayor Smeaton
declared the Public Meeting closed.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. The motion Carried with Alderman
Coville abstaining from the vote on a conflict of interest previously recorded;
and with all others voting in favour.
PD-87-169 - Chief Adm~nistrative Officer - Re: Official Plan Amendment No-
166 and Zoning Amendment Application AM-35/87; Pinewood Homes, Thorold Stone
Road. The report recommends the following: ~
1) That Council not support an amendment to the Official Plan for the purpose
of increasing the residential density of the subject site;
z)
That Council not support the subject rezoning amendment to the Residential
Apartment Zone (R5B) for the purpose of constructing 49 units with reduced
front and rear yard setbacks;
3)
In view of the technical error made in the 1986 zoning application with
respect to property size, a rezoning to permit a maximum density of 50 units
per hectare is a reasonable consideration. Provided that the principles of
the previous application are maintained regarding lot coverage, building
setbacks and landscaping, Council may wish to entertain a modified rezoning
application.
- AND -
Communication No. 373 - Regional Niagara P18nnillg & Development Department -
Re: Preliminary Application AM-35/87, Proposed Apartments, Thorold Stone Road,
west of Montrose Road. The communication advises that Regional Planning Staff
is not opposed to the deveiopment of the subject lands for an apartment complex
but that some issues should be considered by the City. The communication
further states that Regional Public Works Staff has no objections to the
proposed rezoning, subject to road widening, as well as entranceway permit and a
formal site plan.
His Worship Mayor Smeaton declared the Public Meeting open and stated that
the procedure under the Planning Act, 1983, would be followed as in the previous
applications.
The Clerk advised that the proposal would amend the recently approved Zoning
By-law 86-173 which permits the construction of a 24 unit apartment building for
the purpose of constructing two apartment buildings containing 49 units. He
stated that the property was located on the north side of Thorold Stone Road,
approximately 275 metres west of Montrose Road, and was a vacant piece of land.
The Clerk further advised that the Notices of the Public Meeting were forwarded
on November 5th, 1987, and a notice published in the Niagara Falls Review on
November 13th, 1987 regarding the Official Plan Amendment.
A positive response was received to Mayor Smeaton's request for an
indication of the presence of the Applicant or his agent; and a negative
response to Mayor Smeaton's request for a show of hands from persons in favour
of, or opposed to the application. He asked that persons wishing to receive
further notice of the passing of the by-law submit their names and addresses to
the Clerk prier to leaving the meeting .... 8
-8-
The Planning Director discussed the subject lands with the assistance of
posted sketches, and reviewed the following information included in the
Technical Report; Development Proposal; Official Plan Amendment; Zoning By-law
Amendment; Surrounding Land Uses; Planning Review; and Site Plan Review, and
referred to the recommendations in Report PD-87-169. He replied to questions
raised regarding the size of the property.
His Worship Mayor Smeaton explained the procedure of a tabling motion at the
request of Mr. Glenn Barr, Upper Canada Consultants- Mr. Barr requested that a
decision be made regarding the application at this Public Meeting, and stated
that he was prepared to seek approval of Council for 35 units. He stated that
the original application was made on the basis that an Official Plan Amendment
was not necessary because of a required density in this area.
Further discussion followed with respect to the notification of interested
and concerned residents in order that they might be in attendance during the
discussion of specific applications; and densities required according to the
Secondary Plan.
Mr. Hallmann, Thorold Stone Road, expressed support of any developments in
the subject area. He discussed the need for access to Thorold Stone Road, and
possible increase in traffic.
Since no further comments were forthcoming, Mayor Smeaton declared the
Public Meeting closed.
ORDERED on the motion of Alderman Orr, seconded by Alderman Pay, that the report
be received and adopted. Carried Unanimously-
PD-87-170 - Chief Administrative Officer - Re: Zoning Amendment Application
AM-39/87, 66838 Ontario Limited (J. Brigis), Mountain Road. The report
recommends the following:
1) That Council support the proposed rezoning with the following modifications:
(a)
that the development be reduced in intensity to include bona fide
highway commercial uses, namely a gas bar, a motel, a restaurant, a
coffee shop and a lounge;
(b) that the use of the site as a truck stop be discouraged through a zoning
by-law provision limiting truck parking to 5 spaces;
(c) that 50% of the site be designated for landscaped open space in keeping
with other developments in the vicinity;
(d) as depicted in the application (AM-39/87), that a maximum of 15% Of the
lot area be used for building coveraF~e.
2)
That approval be subject to verification that there is capacity in the
proposed Mewburn Road sanitary sewer system to acommodate the proposed
development and the cost-sharing agreement for this sanitary sewer system
has been amended to include the owner of these lands as a party to the
agreement which requires contribution of his proportional share toward the
cost of the sewer system;
3) That the development be conditional upon the provision of full Municipal
services;
4) That the owner undertake a storm water management study to the satisfaction
of the City and M.T.C. for the proposed development.
-AND -
Coammieation No. 37AA - Regional Niagara pl~nn~l~ & Development Department
- Re: Preliminary Application AM-39/87, Proposed TOurist Commercial Uses,
Q.E.W. and Mountain Road. The communication advises that the Regional Planning
Staff te not opposed to the concept of allowing a wider range of tourist commer-
cial uses on this property; and attaches a communication from Regional Publlc
Works Staff which indicates that there are no objections to the proposed change
in zoning as described.
-9-
-AND-
Communication No. 374B - Modern Mosaic Ltd. - Re: Zoning Amendment
Application AM-39/87. The commuinication expresses concerns regarding the
zoning amendment application because of the possible inadequacy of services to
accommodate the expansion; density and incompatibility with surrounding land
USes,
His Worship Mayor Smeaton declared the Public Meeting open, and advised that
the same procedure, as in the previous applications, would be followed.
The Clerk advised that the application would amend the existing Tourist
Commercial zoning designation to expand the currently approved uses of a gas bar
and a 50 seat restaurant to include a 210 seat lounge, a 250 seat restaurant, a
50 seat coffee shop, a 215 seat banquet hall and a two-storey motel comprising
86 units, a second two-storey motel comprising 16 units, with a mini golf course
and a fruit stand. He further advised that the property was located at the
southeast corner of the Q.E.W. and Mountain Road; and that the Notices of the
Public Meeting were forwarded to interested persons on November 4th, 1987.
Mr. John Brigis, Applicant, indicated his presence. There was a positive
response to Mayor Smeaton's request for a show of hands from persons present in
favour of the application, other than the applicant; and a positive response
from persons present in opposition to the application. His Worship Mayor
Smeaton asked that persons wishing to receive further notice of the passing of
the by-law submit their names and addresses to the Clerk prior to leaving the
meeting.
The Planning Director discussed the subject lands with the assistance oF
posted sketches, and explained the proposal with a review of the following
information contained in the Technical Report: Development Proposal; Official
Plan; Zoning By-law; Surrounding Land Use; Comments From Public Notification
Process; Planning Review; and Site Plan Review.
Reverend Norman McLaren, Jimmy Swaggart Ministries, the property adjacent to
the subject lands, advised that he was not opposed to the application, and in
fact would welcome the proposal, if a "truck stop" was not being proposed-
Mr. J. Looyestein, Looyestein & Associates, St- Catharines, addressed
Council on behalf of Mr. Brigis. He stated that the suggested facilities could
be used the year round. He reviewed the proposed facilities; and stated that
the 50% land use for the area would be a very restricted use. Mr. Looyestein
expressed confidence that the problem of storm water drainage could be solved;
and referred to information received from the Municipal Works Department stating
that there would be no objection to the proposal in terms of sanitary sewers.
Mrs. Oraine DeRosa, stated that she and her husband plan on assisting her
father, Mr. Brigis, in the development; discussed the attractiveness and
benefits to the City; as well as their desire to attract year round tourist
trade with extended facilities. She expressed dissatisfaction with the required
50% landscaping recommendation, and requested a reduction of this requirement.
Mr. Brigis discussed his proposal, in terms of landscaping design, land
cost, the viability of the project, storm water control, sidewalk where needed,
landscaping; and expressed the view that the expanded facilities would encourage
tourists for a week-end package.
Following a brief discussion, His Worship Mayor Smeaton declared the Public
Meeting Closed.
ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the
application be denied. The motion was Defeated with the following vote:
AYE: Aldermen Chessman, Cummings, Janvary, Orr and Puttick.
NAYE: Aldermen Baker, Campbell, Coyills, Hinsperger, Hopkins and Pay.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Pay, that
the report be received and adopted. The motion Carried with the following vote:
AYE: Aldermen Baker, Campbell, Coville, Hinsperger, Hopkins and Pay.
NAYE: Aldermen Chessman, Cummings, Janvary, Orr and Puttick.
- 10 -
UNFINISHED BUSINESS
F-87-66, CHEQU~ NO. 29198 -
F-87-66 - Chief Administrative Officer - Re: Cheque No. 29198- The report
advises that the subject cheque was payable to Wayne Farrat for prints used in
City advertisements, and recommends that this report be received and filed for
information.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Covtlle, that
the report be received and adopted. Carried Unanimously.
C-87-28, SU~KR MAIL BOXKS -
,C-87-28 - Chief Adatnistrative Officer - Re: Super Mail Boxes. The report
recommends that the information contained herein be tabled and considered later
in conjunction with a resolution being circulated hy the Provincial Government.
ORDERED on the motion of Alderman Coville, seconded by Alderman Hopkins, that
the report be received and adopted- Carried Unanimously.
COMMUNICATIONS
No. 375 - Regional Niagara Office of the Clerk - Re: Niagara Road 108
(Portage Road) at Summer Street, Traffic Control for Pedestrians. The communi-
cation advises that an additional traffic signal cannot be Justified at this
time.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and filed. Carried Unanimously.
No. 376 - Gerber (Canada) Inc- - Re: Proclamation- The communication
advises of the Annual Kick-Off Campaign sponsored by the Industrial Accident
Prevention Association, and asks Council to proclaim the month of January 1988
as "Safety Month".
ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the
request be approved subject to established policy. Carried Unanimously.
No. 377 -Alzheimer of Niagara Region - Re: Proclamation- The
communication asks Council to proclaim January 1988 as "Alzheimer Awareness
Month".
ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the
request be approved subject to established policy. Carried Unanimously.
I
No. 378 - United Nations Association - Re: International Children's Centre.
The communication requests financial assistance.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the
communication be referred to the Finance Committee. The report Carried with the
following vote:
AYE: Aldermen Baker, Cummings, Harrington, HinspergerJ Hopkins, Janvary, and
Pay.
NAYE: Aldermen Campbell, Chessman, Coyills, art and Puttick.
REPORTS
CD-87-81 - Chief Administrative Officer - Re: Separate School Surplus
Property - Wilson Crescent. The report recommends that the Welland County Roman
Catholic Separate School Board be advised that the City of Niagara Falls is not
interested in purchasing an 8.6 acre parcel of surplus land located south of
McLeod Road at Wilson Crescent.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and adopted. Carried Unanimously.
- 11 -
MW-87-224 - Chief Administrative Officer - Re: 1987 Capital Budget
Projects. The report recommends that the by-laws appearing on tonight's agenda
be passed by Council.
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Pay, that the
report be received and adopted. Carried Unanimously.
By-Law Nos. 87-250,
87-251, 87-252, and
No. 87-253.
HW-87-226 - Municipal Works Committee - Re: Flooding in Chippawa. The
report recommends the following:
1)
That monies be allocated in the 1988 Operating Budget for the immediate
acquisition, either by purchase or lease, of two six-inch pumps to assist in
relieving basement flooding in the Chippawa area. The subject pumps to be
held at the South End Depot for immediate use when surcharging of the
sanitary sewers appears imminent;
2)
That the Consultants be advised that the Municipal Works Committee wishes to
receive at least a preliminary recommendation on remedial works in the
Chippawa area in six weeks' time-
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Campbell,
that the report be received and adopted. Carried Unanimously. ~
F-87-65 - Chief Administrative Officer - Re: Municipal Accounts. The
report recommends that the accounts totalling $260,237.26 for the period ending
December 14th, 1987, be approved by the passing of the by-law appearing later on
the agenda.
Alderman Coville declared a conflict of interest on Cheque No. 29320 because
she has a business interest.
Alderman Hinsperger declared a conflict of interest on Cheque No. 29289
because he is employed by the company.
Additional information was provided on Cheque No. 29306.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Janvary, that
the report be received and adopted. The motion Carried with Aldermen Coville
and Hinsperger abstaining from the vote on Cheque Nos. 29320 and 29289 consecu-
tively, on conflicts of interest previously recorded; Alderman Orr voting
contrary on Cheque No. 29293; and with all others voting in favour.
F-87-67 - Chief Administrative Officer - Re: Federal Sales Tax Reform. The
report recommends that this report be received and filed for information, and
that the resolution appearing later on the agenda be forwarded to the Minister
of Finance The Honourable Michael H. Wilson, the Honourable Vince Kerrio, M.P.P.
and Mr. Rob Nicholson, M.P.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Orr, that the
report be received and adopted. Carried Unanimously.
See Resolution No. 95.
CD-87-80 - Chief Administrative Officer - Re: By-law No. 76-102, Driving
Schools & Driving Instructors. The report recommends that the By-law to
authorize an amendment to the Licencing By-law respecting Driving Schools &
Driving Instructors be passed, AND that this report be received and filed for
information purposes.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Coville, that
the report be received and adopted. Carried Unanimously..
- 12 -
C-87-30 - Chief Administrative Officer - Re: Possible Renaming of that
Section of Morrison Street Between Kent Avenue and Montrose Road. The report
recommends that the section of Morrison Street, west of the Queen Elizabeth Way
between Kent Avenue and Montrose Road be renamed to Crossfield Street and that
the property owners in the area be asked for their comments on the suggested
name change.
ORDERED on the motion of Alderman Baker, seconded by Alderman Hinsperger, that
the report be received and adopted. Carried Unanimously.
RESOLUTION
No. 95 - JANVARY - HOPKINS - RESOLVED that the Corporation of the City of
Niagara Falls supports the following resolution:
WREREAS the Government of Canada has introduced a Tax Reform White paper; and
WHEREAS proposed changes to existing tax legislation contained in this White
Paper will result in additional costs to Municipalities, especially with regard
to the levying of sales tax on previously exempt items, such as fire fighting,
water and sewage treatment equipment and mmterials; and
WHEREAS such sales taxes have an adverse impact on Municipalities by shifting
additional costs to the regressive property tax base;
THEREFORE BE IT FURTHER RESOLVED that the Council of the Corporation of the City
of Niagara Falls expresses its concern over the implementation of this new
initiative to the Federal Government, through Finance Minister Michael Wilson,
and calls upon the Minister to reconsider these proposals.
AND the Seal of the Corporation be hereto affixed.
Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cummings, seconded by Alderman Baker, that
leave be granted to introduce the following by-laws, and the by-laws be read a
first and second time:
No. 87-250 - A by-law to authorize the rehabilitation of the roads on Jolley
Crescent and Basswood Crescent.
No. 87-251 - A by-law to authorize the reconstruction of Palmet Avenue from
3epson Street to Victoria Avenue.
Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that
leave be granted to introduce the following by-laws~' and the by-laws be read a
first time:
NO. 87-252 -
A by-law to authorize the reconstruction of combined sewermains
as improvements and extensions to the sewage system in the Urban
Service Areas of the City.
No. 87-253 -
A by-law to authorize the construction of flood relief sewers
in the Westlane-Westwood area as improvements and extensions to the
sewage system in the Urban Service Areas of the City.
No. 87-254 - A by-law to authorize an amendment to By-law No. 76-102, as
amended, being a by-law respecting the issue of ltcences.
No. 87-255 -
A by-law to authorize the execution of an agreement with Roste
Casciano Sayers, Phyllis Casctano and-Mtrella Florto respecting
parking facilities.
No. 87-256 - A by-law to provide monies for general purposes.
The motion Carried with Aldermen Covtlle and Hinsperger abstaining from the vote
on By-law No, 87-256 on conflicts of interest previously recorded in Report No,
F-87-65; Aldermau Orr voting contrary on By-law No. 87-256 as recorded in
report No. F-87-65; and with all others voting in fayour. . , · , 13
- 13 -
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that
the following by-laws be now read a second and third time:
No- 87-252 - A by-law to authorize the reconstruction of combined sewermains
as improvements and extensions to the sewage system in the Urban
Service Areas of the City.
No. 87-253 - A by-law to authorize the construction of flood relief sewers
in the Westlane-Westwood area as improvements and extensions to
the sewage system in the Urban Service Areas of the City.
No. 87-254 - A by-law to authorize an amendment to By-law No. 76-102, as
amended, being a by-law respecting the issue of licences.
No. 87-255 - A by-law to authorize the execution of an agreement with Rosie
Casciano Sayers, Phyllis Casciano and Mtrella Florio respecting
parking facilities.
No. 87-256 - A by-law to provide monies for general purposes.
The motion Carried with Aldermen Coville and Hinsperger abstaining from the vote
on By-law No. 87-256 on conflicts of interest previously recorded; Alderman Orr
voting contrary on By-law No. 87-256 as previously recorded; and with all others
voting in favour.
Alderman Harrington returned to the meeting.
ITEMS OF CONCERN:
NEW BUSINESS
Lights on Queen Street -
In response to questions raised by Alderman Orr, the Director of Buildings &
Inspections advised that the lights were completed today and lighted tonight.
Speed Limit - Grassybrook Road -
ORDERED on the motion of Alderman Covtlle, seconded by Alderman Puttick, that
the speed limit on Grassybrook Road be reduced to 60 klm. Carried Unanimously.
Newspaper Item/Walker Brothers Quarries -
Alderman Covtlle referred to a recently published item in the local newspaper
regarding Walker Brothers Quarries. She stated that control of lands west of
Kalar Road has been released to the City by the Niagara Escarpment Commission in
order to have a more effective control.
ITI~OF INTEREST:
Nlagara Falls Kinsmen - Challenge Match -
Alderman Cummings referred to his attendance at the Challenge Match of the
Niagara Falls Kinsmen Intermediate Division of the girls Ringette, with a team
of boys from the Minor Hockey League in the Niagara Falls Arena, on behalf of
Mayor Smeaton; discussed the successful growth of this event over the past 4 - 5
years; and asked that a letter of appreciation be forwarded, from Mayor
Smeaton's officeD to Mr. Steve Davis, Superintendent of Recreation Programs, who
was instrumental in bringing the sport to Niagara Falls, and is an active
participant in the sport.
It was moved by Alderman Cummings, seconded by Alderman Campbell, that the
meeting adjourn. Carried Unanimou~l.&a ·
.i'
FORTY-FIFTH MEETING
REGULAR MEETING
Council Chambers
December 21, 1987
Council met on Monday, December 21st, 1987, at 7:30 p.m. for the purpose of
considering regular business. All members of Council, with the exception of
His Worship Mayor Smeaton and Alderman Orr, were present. Acting Mayor Paisley
Janvary presided as Chairman, and offered the Opening Prayer.
ADOPTION OF MINUTES
Alderman Puttick requested that under Unfinished Business, Slo-Pitch Games
- Optimist Club, that it be recorded that he was not in favour of the following
statement in Report No. M-87-11, and further, that it was Mayor Smeaton's
opinion only: "that Council must decide which organization will have the use of
our Municipal facilities to be used in conjunction with the privately-owned ball
parks for the major tournament"-
ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the
minutes of the meeting dated December 14th, 1987, be adopted as printed.
Carried Unanimously.
~ORONATION REOREATION CENTRE -
DEPUTATIONS
Communication No. 379 - Greater Niagara Senior Citizens Association - Re:
Proposed Expansion. The communication requests permission to address Coancil
regarding a proposed expansion of the Coronation Recreation Centre-
Alderman Baker entered the meeting.
Mr. William Green, President, Greater Niagara Senior Citizens Association,
reviewed the feasibility study submitted by the Association, which supports the
need for expansion of the Centre- He explained the 1988 Proposed Financial
Plan, and requested a 1988 grant from the City of Niagara Falls in the amount of
$200,000.00.
ORDERED on the motion of Alderman Pay, seconded by Alderman Cheesman, that the
communication be received and referred to the Finance Committee for 1988 budget
deliberations. The motion Carried with the following vote:
AYE: Aldermen Baker, Campbell, Cheesman, Coville, Cummings, Htnsperger,
Hopkins and Pay.
NAYE: Aldermen Harrington and Puttick.
GRI~AT LAK]IS UNITlID CONYE!~NCg -
Communication No. 380 - Mrs- Margaret !1arlington - Re: Great Lakes United
Conference held December 5, 1987, Niagara Falls, N.Y. The communication
outlines Panel Discussion Highlights; Question Period Highlights; Small Group
Discussions; Summary of Recommendations; and Additional Comments.
Mrs. Harrington reviewed the report with respect to the Great Lakes United
Conference.
ORDERED ou the motion of Alderman Campbell, seconded by Alderman Coville, that
the communication be received and filed~ with appreciation.
Carried Unanimously.
UNFINISHED BUSINESS
1988 PROVINCIAL SLO-PITCH CHAMPIONSHIPS -
Commnication No- 3811- ~he Optimist Club - Re: 1988 Provincial Slo-Pitch
Championships, The communication attaches information from Molson Ontario
Breweries Limttedt and the Optimist Club; letters of support from Slo-Pitch
-2-
Ontario, Niagara Falls Minor Hockey Association, Canadian Cystic Fibrosis
Foundation, Sacred Heart School, C.O.B.R.A.C.B. Radio Club Inc., and the
Kinsmen Club of Niagara Falls; advises that the Optimist Club's planned budget
for the 1987-1988 financial year has been formulated partially on the basis of
the contractual arrangement with "Molson's'; outlines the Optimist Club's posi-
tion regarding the 1988 Provincial Slo-Pitch Championships; and requests a
positive response from Council.
-AND -
Report No. M-87-11 - Mayor Smeaton - Re:
1988. (TABLED FROM DECEMBER 21, 1987).
date respecting the subject matter.
Use of City Diamonds/September
The report advises of actions taken to
- AND -
Co=~unication No. 381B - Recreation Director - Re: Policy, Procedure and
Practices Regarding Allocation of Playing Fields. The communication provides
information regarding the subject matter for the information of Council.
A lengthy discussion followed regarding the positions of the Optimist Club,
Molson's and Carling O'Keefe, the mandate of Council in connection with the
subject matter, as well as the Recreation Commission and the Recreation Depart-
ment.
Mr. Larry Ignace, President of The Optimist Club, was granted permission to
address Council on the motion of Alderman Campbell, seconded by Alderman
Cummings. He stated that signs advertising the 1988 Slo-Pitch Tournament were
posted by Carling O'Keefe, and the Optimist Club requested that these signs be
removed two weeks ago. He further stated that the Club had not made a
commitment to Carling O'Keefe, that a final decision had not been made until a
discussion was held with Molson's, and that diamonds in nearby communities will
be available for use.
Mr. Richard W. Scully, President of Carling O'Keefe Breweries Ontario
Limited, advised that competition was welcomed, that they wished to continue the
Slo-Pitch Tournament as in the past 8 years, and indicated that there was a
contract. He stated that if the number of diamonds required for the Tournament
were not available in the City of Niagara Falls, it would be necessary to hold
the Tournament, which has now expanded to 700 teams, elsewhere. Mr. Scully
requested the support of Council in this matter.
Following further discussion, it was moved by Alderman Pay, seconded by
Alderman Coville, that approval be given to provide all of the City ball fields,
required for the 1988 Tournament, to the Optimist Club. The motion Carried with
the following vote:
AYE: Aldermen Coville, Cummings, Harrington, Hinsperger, Hopkins, Pay and
Puttick. ~
NAYE: Aldermen Baker, Campbell and Chessman.
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings,
that the communications and report be received and filed. Carried Unanimously.
Alderman Puttick retired from the Council meeting.
REPORT
ORDERED on the motion of Alderman Cummings, seconded by Alderman Chessman,
that the following report be brought forward. Carried Unanimously.
)5/-87-229 -Municipal Parkin~ & Traffic Cossittee - Re: Establishment of a
Crossing Guard at the Intersection of Riall Street and St. Andrew Avenue. The
report recommends that an adult Crossing Guard be placed at the intersection of
Riall Street and St. Andrew Avenue on a permanent basis, During the discussion,
Alderman Cummings asked that Staff be directed to paint permanent crossing guard
lines on the road before the next snowfall.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the
report be received and adopted, Carried Unanimously.
-3-
COMMUNICATIONS
No, 382 - Regional Niagara Planning & Development Department - The Five Year
Review of the Regional Niagara Policy Plan. The communication attaches a report
on the subject matter.
ORDERED ou the motion of Alderman Pay, seconded by Alderman Hinsperger, that the
communication be referred to Staff. Carried Unanimously.
No, 383 - Do~rnto~nNiagara Falls, Board of Management - Re: Sculpture
Contest. The communication requests permission to use Centennial Square for a
Sculpture Contest on January 30th, 1988 and a display through January 31st,
1988.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Pay, that the
request be approved- Carried Unanimously.
No- 384 - Peterborough SVA Committee- Re: Site Value Assessment (SVA). The
communication invites Council to obtain a copy of the Peterborough Study.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that a copy of the Peterborough Study be obtained, without specific endorsation
of the concept of S.V.A. Carried Unanimously.
No. 385 - The University of Western Ontario - Re: 3rd Course for Local
Elected Officials - March 16th to 18th, 1988. The communication provides
information regarding the above named course, and requests a reply as soon as,
possible. Alderman Cheesman expressed the desire to attend the course.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman, that
anyone interested in attending the course should contact the Clerk's Department.
It was further recommended that the matter be referred to the Finance Committee
for 1988 budget deliberations. Carried Unanimously-
No. 386A, 386B and 386C - Mrs. Winntfred Taylor, Mr. & Mrs. S- Hmarn and the
Greater Niagara Ministerial Association - Re: Sunday Opening of Retail
Stores- The communications reminds Council of its previous endorsement of
"Pause Day", and asks that this endorsement be upheld.
ORDERED on the motion of Alderman Hopkins, seconded by Alderman Chessman, that
the original motion to endorse "Pause Day" be reaffirmed, and residents be
apprised of Council's wish that they voluntarily refrain from Sunday shopping.
Carried Unanimously.
REPORTS
B-87-93 - Chief Adsainistrative Officer - Re: The Buildings & Inspections
Department Report for November 1987- The report advises of Permits Issued and
Highlights for November 1987, as well as December 1987 proposals.
ORDERED on the motion of Alderman Pay, seconded by Alderman Cummings, that the
report be received and filed. Carried Unanimously.
B-87-95 - Chief Adsinistrative Officer
Policy Update Road Widening Provision.
the attached revision to the Site Plan
taking of road widening as detailed on
(also attached).
- Re: Revision to Site Plan Control
The report recommends that Council adopt
Control Policy which allows for the
Schedule "A" and shown on Schedule "B"
ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the
report be received and adopted. Carried Unanimously..
B-87-96 - Chief Administrative Officer - Re: Revised Site Plan Approval -
Proposed 113 Unit 3 Storey Motel, Lundy's Lane (north side, west of Beaverdams
Road). The report recommends that the Council approve the revised site plan on
display at tonight's meeting, being a proposed motel, and the 8its plan being
drawing number 1 and dated July 14th, 1987, as revised, and filed with the
Buildings and Inspections Department of the City of Niagara Falls on December
16th, 1987, and that such approval be subject to the conditions outlined in the
report,
-4-
ORDERED on the motion of Alderman Pay, seconded by Alderman Harrington, that the
report be received and adopted. Carried Unanimously.
B-87-97 - Chief AdBtnistrative Officer - Re: Site Plan Approval - Proposed
Warehouse Building, 0akwood Drive (east side, north of Brown Road). The report
recommends that the Council approve the site plan on display at tonight's
meeting, being a proposed warehouse building, and the site plan being drawing
number 1 dated December 8th, 1987, and filed with the Buildings and Inspections
Department of the City of Niagara Falls on December 16th, 1987, and that such
approval be subject to the conditions contained in the report-
ORDERED on the motion of Alderman Pay, seconded by Alderman Hinsperger, that the
report be received and adopted. Carried Unanimously.
B-87-98 - Chief A~sinistrative Officer - Re: 4294 Ellis Street. The report
recommends that Council pass a by-law permitting the owner or his agent of 4302
Ellis Street to enter upon any adjoining land for the purpose of making repairs,
alterations or improvements. The Deputy City Clerk advised that the Buildings
and Inspections Department had asked that this report be tabled.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Coville, that
the report be tabled to January 4th, 1988. Carried Unanimously.
1~-87-174 - Chief Adm]~istrative Officer - Re: Engineering Assignment -
Charnwood Subdivision, Block "F", Plan M-53. The report recommends the
following:
1)
That the by-law which appears on tonight's agenda authorizing the Mayor and
the Clerk to sign an agreement with Pinewood Homes (Tara) Limited for the
purpose of providing funds prior to entering into a Subdivision Agreement
with this company to finance the engaging of an Engineering Consultant for
design work, construction layout, construction inspection and contract
administration related to providing municipal services for Charnwood
Subdivision - Block "F", be approved;
2)
That the by-law which appears on tonight's agenda authorizing the Mayor and
the Clerk to sign an Engineering Agreement with DeLCan, DeLeuw Cather,
Canada Limited for the design of Municipal services, construction layout,
construction inspection and contract administration for Charnwood Subdivi-
sion - Block "F", be approved subject to the receipt of funds from the
Developer, Pinewood Homes (Tara) Limited.
that
ORDERED on the motion of Alderman Hinsperger, seconded by Alderman Baker,
the report be received and adopted. Carried Unanimously.
See By-law No. 87-259.
MW-87-216 - Chief Administrative Officer - Re: New Equipment Purchases -
(6) Tractors and (4) Attachments. The report recommends the following:
l)
That Staff be authorized to purchase the various pieces of equipment
described in Appendix 'A' from the bidders outlined, having a total value
of $87,753.00:
That Staff be authorized to use the net revenue of $28,874.00 from the two
1987 equipment auction sales as shown in Appendix ~B~ to support fnnds
available for purchase of the tractors and attachments from the current
1987 New Equipment budget.
ORDERED on the motion of Alderman Herrington, seconded by Alderman
Hlnsperger, that the report be received and adopted. Carried Unanimously.
See Resolution No. 96.
-5-
NW-87-227 - Chief A~sinistrative Officer - Re: Speed Zone By-laws. The
report recommends that the by-laws appearing on tonight's agenda, for the 60
km/hr and 80 km/hr speed zones, be approved.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried Unanimously.
See By-law No. 87-262,
By-law No. 87-263 and
By-law No. 87-264.
~J~-87-228 - Parking & Traffic Comettee - Re: "Yield" Signs at Intersection
of Cattell Drive and Regan Drive and Extension of "No Stopping" Zone - Father
Hennepin School - Churchill Street- The report recommends the following:
l)
That a "Yield" sign be installed at the intersection of Cattell Drive and
Regan Drive facing northbound traffic on Regan Drive; and
2)
That the existing "No Stopping" Zone at Father Hennepin School be extended
to cover the full length of the existing "Bus Loading" Zone.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger
that the report be received and adopted. Carried Unanimously.
CD-87-83 - Chief Administrative Officer - Re: Quit Claim Deed in favour of
the Estate of Rose Marie Parker, 6116 Prospect Street- The report recommends
that the City execute a Quit Claim Deed in favour of the Estate of Rose Marie
Parker, 6116 Prospect Street-
ORDERED on the motion of Alderman Cummings, seconded by Alderman Harrington,
that the report be received and adopted. Carried Unanimously.
See By-law No. 87-258-
CD-87-84 - Chief Administrative Officer - Re: Surplus Regional Property -
Ascot Woods Subdivision. The report recommends that the Council pass a by-law
on tonight"s ageride to authorize acceptance of certain surplus Regional
property.
ORDERED on the motion of Alderman Chessman, seconded by Alderman Baker, that the
report be received and adopted. Carried Unanimously.
See By-law No. 87-257.
F-87-68 - Chief Administrative Officer - Re: Municipal Accounts. The
report recommends that the accounts totalling $2,028,435.49 for the period
ending December 21st, 1987, be approved by the passing of the by-law appearing
later on the agenda.
Alderman Cummings declared a conflict of interest on Cheque No. 29495
because he is employed with the company.
Alderman Hinsperger declared a conflict of interest on Cheque No. 29431
because he is employed with the company.
ORDERED on the motion of Alderman Coville, seconded by Alderman Baker, that
the report be received and adopted. The motion Carried with Aldermen Cummings
and Hfnsperger abstaining from the vote on Cheque Nos. 59495 and 29431 consecu-
tively, on conflicts of interest previously recorded; and with all others voting
in layout.
F-87-69 - Chief Administrative Officer - Re: Federal Sales Tax Reform. The
report provides information regarding action taken by Staff respecting the above
mentioned matter, and recommends that this report be received and filed for
information.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the report be received and adopted. Carried .Unanimously.
-6-
CD--87-85 - Chief Administrative Officer - Re: Appointments to Board,
Commissions & Committee. The report recommends that Council select appointees
to serve for further terms on the following Board, Commissions and Committee,
and that these appointments be confirmed by a by-law to be passed at a meeting
in the New Year.
Ballot votes were taken on all appointments and the following appointees
were elected:
1, Greater Niagara Transit Commission -
Rudolph Meuser - 1988, 1989
Donald H. Pierson - 1988, 1989
Niagara Falls Board of Museums -
Sherman Zavitz - 1988, 1989, 1990
A. Blake Robertson - 1988, 1989, 1990
3. property Standards Committee -
Gord Goulty - 1988, 1989, 1990
Recreation Cosmission -
Michael G. Fartell
Mrs. Kathy Pierson
Mrs. Constance Ainslie
Michael S. Somerville
Mrs. Susan Mills
- 1988, 1989
- 1988, 1989
- 1988, 1989
- 1988, 1989
- 1988, 1989
ORDERED on the motion of Alderman Cummings, seconded by/Llderman Cheesman,
that the elected appointees be approved for the Board, Commissions and
Couznittee. Carried Unanimously.
5- Region Niagara Tourist Council -
ORDERED on the motion of Alderman Cummings, seconded by Alderman Cheesman,
that Alderman Coville be appointed as Council's representative to the Region
Niagara Tourist Council, and Alderman Harrington to act as an alternate.
Carried Unanimously.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Campbell,
that a letter of thanks be forwarded from Mayor Smeaton's office to all persons
who submitted their names as appointees- Carried Unanimously.
RESOLUTION
No- 96 -N/~INGTON - HINSPEKCER - RESOLVED that ~he unit prices submitted
by the following companies for the new equipment purchases of (6) Tractors and
(4) Attachments as listed below, be approved:
1)
Rideway Farm Equipment Ltd. -
- three (3) tractors/general purpose (Streets Dept.) - $31,586.66 per unit
- two (2) tractors/general purpose (Parks Dept.) - 24,271.20 per untt
- one (1) tractor with loader (Parks Dept.) . . 19,391.56 per unit
2)
Stallwood's Equipment Ltd. -
- two (2) bush hogs - 6' (Streets Dept.)
_ $ 4,692.16 per unit
3) Philbrick Equipment Ltd. -
- two. (2) rotary mowers (Parks Dept.) - $ 7,811.00 per unit
; AND the Seal of the Corporation be hereto affixed.
'Carried Unanimously.
BY-LAWS
ORDERED on the motion of Alderman Cheesman, seconded by Alderman Cummings, that
leave be granted .to introduce the following by-laws, and the by-laws be read a
first time~ .... 7
-7-
No. 87-257 - A by-law to authorize the acceptance of certain surplus
Regional property- (Part Blocks "P" & "Y", Plan N.S. 39).
No. 87-258 - A by-law to authorize the execution of a Quit Claim Deed-
(Part Prospect St., Plan 42 - Richard).
No. 87-259
- A by-law to authorize agreements with Pinewood Homes (Tara)
Limited and DeLCan, DeLeuw Cather, Canada Ltd. respecting the
proposed Charnwood Phase II Plan of Subdivision, being Block "F',
Registered Plan M-53.
No. 87-260 - A by-law to authorize a claim. (Walker & Lewiston Ceiling Co.).
No. 87-261 - A by-law to authorize a designated property grant agreement.
No. 87-262
- A by-law to prescribe a rate of speed of 60 kilometres per hour
for motor vehicles driven on certain highways and parts of highways
in the City of Niagara Falls. (Chippawa Pkwy., Dorchester Rd.,
Garner Rd., Kalar Rd., McLeod Rd., Warner Rd., Whirlpool Rd., and
Willoughby Dr.).
No- 87-263
No. 87-264
- A by-law to prescribe a rate of speed of 80 kilometres per hour
for motor vehicles driven on certain highways and parts of highways
in the City of Niagara Falls. (Beechwood Rd., Brown Rd., Garner
Rd., Kalar Rd-, Mewburn Rd., Nichols Lane, and Upper's Lane).
- A by-law to prescribe a rate of speed of 60 kilometres per hour
for motor vehicles driven on Grassy Brook Road.
No, 87-265
- A by-law to amend By-law No. 79-200, as amended. (AM-7/87, Dr.
K. Reddy, 5511-5515 Portage Road; Report PD-87-78 approved by
Council June 8/87).
No. 87-266 - Tabled to January 4, 1988-
No- 87-267
- A by-law to provide for the adoption of an amendment to the
Official Plan of the Niagara Falls Planning Area. (OPA 159 Axel
Beu/Proposed repair & retailing of firearms & underground firing
range).
No. 87-268
No. 87-269
- A by-law to provide for the adoption of an amendment to the
Official Plan of the Niagara Falls Planning Area. (OPA 160 Niagara
River Construction - southeast corner of Portage Rd. & Ontario
Hydro Canal - proposed Chapel & Mausoleum).
- A by-law to amend By-law No. 79-200, as amended. (AM-32/87,
642217 Ontario Limited, Mewburn Road; Report PD-87-142 approved by
Council October 19, 1987).
No. 87-270
- A by-law to amend By-law No. 85-238 respecting the classes of
development that may be undertaken in site plan control areas
without the approval of plans and drawings otherwise required under
subsection 4 or subsection 5 of section 40 of the Planning Act,
1982. (AM-32/87, 642217 Ontario Limited, Mewburn Rd.).
No. 87-271 - A by-law to provide monies for general purposes.
The motion Carried with Aldermen Cummings and Hinsperger abstaining from the
vote on By-law No. 87-271, on conflicts of interest previously recorded in
Report No. F-87-68; and wlth all others voting in favour.
ORDERED on the motion of Alderman Cummings, seconded by Alderman Hinsperger,
that the following by-laws be now read a second and third time:
No. 87-257 - A by-law to authorize the acceptance of certain surplus
Regional property.
No. 87-258 - A by-law to authorize the execution of a Quit Claim Deed.
-8-
No. 87-259 - A by-law to authorize agreements with Pinewood Homes (Tara)
Limited and DeLCan, DeLeuw Cather, Canada Ltd. respecting the
proposed Charnwood Phase II Plan of Subdivision, being Block "F",
Registered Plan M-53.
No. 87-260 - A by-law to authorize a claim.
No- 87-261 - A by-law to authorize a designated property grant agreement.
No. 87-262 - A by-law to prescribe a rate of speed of 60 kilometres per hour
for motor vehicles driven on certain highways and parts of highways
in the City of Niagara Falls.
No- 87-263 - A by-law to prescribe a rate of speed of 80 kilometres per hour
' for motor vehicles driven on certain highways and parts of highways
in the City of Niagara Falls.
No- 87-264 - A by-law to prescribe a rate of speed of 60 kilometres per hour
for motor vehicles driven on Grassy Brook Road.
No* 87-265 - A by-law to amend By-law No. 79-200, as amended.
No- 87-266 - Tabled to January 4, 1988-
No. 87-287 - A by-law to provide for the adoption of an amendment to the
Official Plan of the Niagara Falls planning Area.
No. 87-268 - A by-law to provide for the adoption of an amendment to the
Official Plan of the Niagara Falls Planning Area.
No- 87-269 - A by-law to amend By-law No. 79-200, as amended-
No- 87-270 - A by-law to amend By-law No. 85-238 respecting the classes of
development that may be undertaken in site plan control areas
without the approval of plans and drawings otherwise required under
subsection 4 or subsection 5 of section 40 of the Planning Act,
1982-
No. 87-271 - A by-law to provide monies for general purposes.
The motion Carried with Aldermen Cummings and Ninsperger abstaining from the
vote on By-law No.' 87-271, on conflicts of interest previously recorded; and
with all others voting in fayour.
NEW BUSINESS
Olympic Torch Relay -
At the request of Acting Mayor Janvary, the Recreation Director stated that the
Olympic Torch ceremony was scheduled for December 26th, 1987 at Kingsbridge Park
at 5:30 p.m. He reviewed the route of the torch relay, and the many scheduled
events to be held in conjunction with the ceremony-
Appreciation to Council -
The Chief Administrative Officer expressed appreciation on behalf of Staff, for
the cooperation from Council, on the completion of a successful 1987.
It was moved by Alderman Coville,
meeting adjourn. Carried Unanimous
by Alderman Baker, that the
READ AND ADOPTED,
BARBARA G. SCOTT, DEPUTY CITY CLER~
J~aNV Y
ACTING MAYOR PA EY AR
ITEMS OF
Tree Trisaing/Second Avenue -
Alderman Campbell discussed the concerns of residents with respect to the extent
of the recent tree trimming on Second Avenue, between McRae Street and Jepson
Street, by the Davis Tree Company at the direction of the City. He asked that
the matter be investigated by Staff.
Traffic Light/Portage Road Hear Stamford Court -
Alderman Cummings referred to his previous request that Staff investigate the
traffic lights on Portage Road near Stamford Court, and reiterated his concern
that a serious accident might occur before action was taken. He requested a
report on the matter·
ITMM OF INTSBEST:
Holiday Get-Together -
Alderman Harrington invited Council and Staff members, with their spouses, to
attend a Holiday Get-Together at his home after the Council meeting th~s
evening.