2005/04/18Committee Room #2
April 18, 2005
Council met on Monday, April 18, 2005 at 5:30 p.m. in an In Camera Session.
Alderman Kerrio presided as Chair.
Following consideration of the items presented, the In Camera Session did not rise
to report in open session.
READ AND ADOPTED,
SEVENTH MEETING
IN CAMERA SESSION
DEAN IORFIDB(, CITY LZLERK R. T. (TED) SALCI, MAYOR
REGULAR COUNCIL MEETING
Council Chambers
April 18, 2005
Council met on Monday, April 18, 2005 at 7:00 p.m. for the purpose of considering
Regular Business matters. Alderman Diodati offered the Opening Prayer.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Morocco, seconded by Alderman Campbell, that
the Minutes of the April 4, 2005 Council meeting be adopted as printed.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Pietrangelo indicated a conflict to By -Law 2005 -58 and Report L- 2005 -18
dealing with Land Surplus Frances Avenue, Plan 109 and Block A as the Niagara
Catholic District School Board is his employer.
DEPUTATIONS /PRESENTATIONS
Family Literacy Day
Ms. Renni Piscitelli, committee member of the Ontario Early Years Centre
Niagara Falls and Ms. Inge Saczkowski, of the Niagara Falls Public Library addressed
Council on the upcoming Family Literacy Day and the Grow A Reader activity at Victoria
Public Library to be held on Saturday April 23, 2005 from 10:00 a.m. to 1 p.m.
Carried Unanimously.
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MAYOR'S REPORTS. ANNOUNCEMENTS
His Worship Mayor Salci advised of letters of condolence to the families of Dick
Reece and Dr. William Cooper. He advised of the following recent or upcoming events:
the 14 Annual Stair Climb for Cancer, the launch of the 2005 edition of the Accessible
Niagara Guide, the Canadian Cancer Society Annual Daffodil Tea Fundraiser, and the 5
Annual Mow Down Pollution program sponsored by the Home Depot, Clean Air Foundation
and the Government of Canada.
The Mayor also advised that he would be attending Niagara Week at Queen's Park
with the Regional Chair and various Regional Councillors as they meet with various
Ministers. Finally, a new textile manufacturer, ISRA Textile Manufacturing, is now located
in the former Daytimers building in Niagara Falls.
COMMUNICATIONS
Manager of Corporate Programs and Strategic Support Re: Proclamation for Doctor
Appreciation Week requesting that the week of April 18 22 be proclaimed Doctor
Appreciation Week. Recommendation: For the approval of Council.
ORDERED on the motion of Alderman loannoni, seconded by Alderman Diodati that
Council approve the proclamation for Doctor Appreciation Week of April 18 22.
The Rotary Club of Niagara Falls Sunrise Re: Recognition as a Community Festival
requesting that Council pass a resolution recognizing the Rotary Club of Niagara Falls
Sunrise "Ribfest Recommendation: That Council approve the attached resolution.
ORDERED on the motion of Alderman Morocco, seconded by Alderman Diodati that
Council pass a resolution recognizing the Rotary Club of Niagara Falls Sunrise "Ribfest
THEREFORE BE IT RESOLVED that the Rotary Club of Niagara Falls Sunrise Ribfest is
a community event deserving of City Council support.
Customs Excise Union Re: Canadian Border Patrol requesting Council's support for
the establishment of a Canadian Border Patrol. Recommendation: For the consideration
of Council.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti that the
matter be referred to Staff.
REPORTS
April 18, 2005 Council Minutes
Carried Unanimously
Carried Unanimously
Carried Unanimously
CD- 2005 -07 Chief Administrative Officer Re: Niagara Tunnel Project Re: the City's
Noise By -law (2004 -105)
The report recommends that Council direct staff to amend the City's Noise by -law to
include Ontario Power Generation in section 4 of Schedule 4, the Exempted Activities.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that
Council direct staff to amend the City's Noise by -law to include the Ontario Power
Generation in Section 4 of Schedule 4, the Exempted Activities.
Carried Unanimously
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BY -LAWS
April 18. 2005 Council Minutes
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that
leave be granted to introduce the By -laws and the By -laws be now read a first time:
2005 -58 A by -law to permanently close part of a highway. (Francis Avenue)
2005 -59 A by -law to permanently close part of a highway. (Ramsay Road)
ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco that the By-
laws be now read a second and third time:
2005 -58 A by -law to permanently close part of a highway. (Francis Avenue)
2005 -59 A by -law to permanently close part of a highway. (Ramsay Road)
Carried Unanimously with Alderman Pietrangelo declaring a conflict on By -law 2005 -58.
REPORTS
L- 2005 -18 Chief Administrative Officer Re: Declare Land Surplus Frances
Avenue, Plan 109 and Block A The report recommends that a portion of Frances Street,
known as Frances Avenue, Plan 109 and Block A, Plan 109 Stamford "Frances Avenue
shown hatched on Schedule "A" attached which was permanently closed by by -law earlier
this evening, be declared surplus.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that a
portion of Frances Street, known as Frances Avenue, Plan 109 and Block A, Plan 109
Stamford "Frances Avenue shown hatched on Schedule "A" attached which was
permanently closed by by -law earlier this evening, be declared surplus.
Carried Unanimously with Alderman Pietrangelo declaring a conflict.
L- 2005 -16 Chief Administrative Officer Permanently Closing Part of Ramsey Road
and Declaring Lands Surplus The report recommends:
1. That part of an unmaintained portion of Ramsey Road being part of Township Lots
212 to 216, part of road allowance between Township Lots 212 and 213 and
between Township Lots 214 and 215, being north of Chippawa Parkway and east
of Dorchester Road (the "subject lands shown dotted on Schedule "A" to this
Report, be permanently closed.
2. That the subject lands set out in Schedule "A" be declared surplus and offered for
sale at fair market value to an abutting owner, 1149962 Ontario Limited (the
"Company and further that the proposed purchaser pay for all costs associated
with the sale, including the cost of an appraisal, reference plan and all notices;
3. That a Notice of the proposed sale of the subject lands be given in The Review in
accordance with By -law No. 2003 -02. The contact person is the writer of this
Report.
4. That an Offer to Purchase in the amount of $75,000.00 from 1149962 Ontario
Limited for the subject lands be considered. Further that the purchaser pay for all
costs associated with the purchase.
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ORDERED on the motion of Alderman Morocco, seconded by Alderman Volpatti to
approve the recommendation report.
Carried Unanimously
April 18. 2005 Council Minutes
Ratifications of the Community Services Committee Meeting (Alderman Selina
Volpatti, Chair)
1. THAT the minutes of the March 21, 2005 meeting be approved.
2. I) THAT parking be prohibited on the east side of Glenoaks Avenue between
Forest Glen Drive and Thorold Stone Road at all times and on the parking
be prohibited on the west side on Monday to Friday between 8:00a.m. and
4:30p.m.;and
ii) THAT parking be prohibited on the south side Forest Glen Drive between
Glenoaks Avenue and a point 85 metres east of Glenoaks Avenue from
Monday to Friday between 8:OOa. m. and 4:30p.m.; and
iii) THAT a stop sign be installed on Glenoaks Avenue at Forest Glen Drive
facing northbound motorists; and
iv) THAT further study be done on a 4 -way stop at the aforementioned location;
and
v) THAT staff investigate the issue of required parking at the school.
3. THAT the design for the reconstruction of Dorchester Road proceed immediately.
4. THAT the Taxi Advisory Committee recommendations be approved.
5. THAT Committee approve the proposed drainage scheme to improve the drainage
outlet for Garner Road and surrounding lands.
6. THAT staff continue to work with Copperlen regarding their Business Plan for the
Indoor Soccer Project at the Kalar Road Sports Park.
7. THAT a grant for the Village of Chippawa Citizen's Committee be given.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that the
items from the April 18, 2005 Community Services meeting be ratified.
Carried Unanimously
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE
APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET.
THE SINGLE MOTION WILL SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE
MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY.
ORDERED on the motion of Alderman Victor Pietrangelo, seconded by Alderman Vince
Kerrio, that the recommendations contained in each of the reports on the consent agenda
be approved.
Carried Unanimously
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April 18. 2005 Council Minutes
F- 2005 -15, Major Receivables Report. That the report be received and filed.
MW- 2005 -29, 2005 143 -05, Morrison Street Watermain, Victoria Avenue to Erie
Avenue.
1. That Staff be authorized to commence proceedings to permanently close a portion
of Frances Street, known as Frances Ave, Plan 109 and Block A, Plan 109
Stamford "Frances Avenue shown hatched on Schedule "A" attached;
2. That Staff place a Notice of permanent closing of Frances Avenue in the Niagara
Falls Review in accordance with By -law No. 2003 -02;
3. That Staff be authorized to enter into a long term Lease Agreement between
Niagara Catholic District School Board "School Board and The Corporation of the
City of Niagara Falls "City to permit the School Board to continue using Frances
Avenue shown hatched on Schedule "A" attached to this Report as a parking lot, for
nominal consideration.
MW- 2005 -30, 2005 139 -04, Morrison Street Watermain, Stanley Avenue to Victoria
Avenue that the unit prices submitted by the low tender, Alfidome Construction Limited,
be accepted.
MW- 2005 -31, 2005 150 -05, 2005 Cathodic Protection of Watermains Program that the
unit prices submitted by the low tenderer, C.P. Systems, be accepted.
MW- 2005 -35, Tender for the Supply of Materials and Services for Pavement Markings
Contract #2005 -06 (On- Street Application) Contract #2005 -07 (Parking Lots Other
City-Owned Lands) that:
1. Provincial Maintenance be awarded Contract 2005 -06 (On- Street Pavement
Markings); and,
2. Sealer Works be awarded Contract 2005 -07 (Parking Lots and other City Owned
Lands)
MW- 2005 -40, Update to By -law 89 -2000 as per 2004 Subdivision Agreement that
Traffic Parking By -law 89 -2000 be amended to reflect the following:
1) By -law 89 -2000 Schedule "C" be amended to add a parking restriction at all times on:
a) the west side of Cheesman Street between Feren Drive and Atack Court
b) the north side of Atack Court and around bulbs
c) both sides of Temporary Access from Mountain Road to Colangelo Drive
d) the east side of Colangelo from Lucia Drive to the north limit of Colangelo Drive
e) the north side of Lucia Drive from the western limit of Lucia Drive to the eastern
limit of Lucia Drive; and,
2) By -law 89 -2000 Schedule "P" be amended to add a stop sign at:
a) Cheesman Street at Feren Drive facing northbound motorists
b) McGarry Drive at Garner Road facing westbound motorists
c) Brittany Court at St. Michael Avenue facing eastbound motorists
d) St. Michael Avenue at McLeod Road facing southbound motorists
e) McGarry Drive at St. Michael Avenue facing eastbound and westbound motorists
f) Shannon Drive at McGarry Drive facing southbound motorists
g) WiIlgard Court at Willoughby Drive facing eastbound motorists
h) Temporary Access at Mountain Road facing northbound motorists
3) By -law 89 -2000 Schedule "Q" be amended to add a yield sign at:
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a) Cheesman Street at Atack Court facing southbound motorists
MW- 2005 -43, Consultant for McRae Stamford Streets Reconstruction that the City
of Niagara Falls enter into a Consulting Services agreement with Kerry T. Howe
Engineering Limited for the design of sewer separation, watermain replacement, and road
reconstruction on McRae Street and Stamford Street from Stanley Avenue to Victoria
Avenue for the upset limit of $56,500 excluding GST.
FS- 2005 -02, Architectural Design for Fire Station 6 that Proposal P52 -2004 for
Architectural Services Replacement of Fire Station #6, 8061 Schisler Road, be awarded
to Raimondo Associates Architects Inc. of Niagara Falls, Ontario for the tender amount
of $64,000.00 including all disbursements, taxes extra.
FS- 2005 -03, Pelmorex All Channel Alert that Council send a letter to Pelmorex for their
application to CRTC for an "All Channel Alert" System.
BY -LAWS
April 18, 2005 Council Minutes
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that
leave be granted to introduce the By -laws and the By -laws be now read a first time:
2005 -60 A by -law to regulate the supply of water and to provide for the maintenance and
management of the waterworks and for the imposition and collection of rates for
the use of water and water related services.
2005 -61 A by -law to adopt a mark, symbol or design for The Corporation of the City of
Niagara Falls.
2005 -62 A by -law to authorize the execution of an Agreement with The Pepsi Bottling
Group (Canada), Co., dated April 4, 2005, respecting a licence to be the
exclusive supplier of carbonated soft drinks and other beverage products for the
City arenas
2005 -63 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City
employees, agents and third parties for the enforcement of provincial or
municipal by -laws.
2005 -64 A by -law to amend By -law No. 80 -114, being a by -law to designate private
roadways as fire routes along which no parking of vehicles shall be permitted.
2005 -65 A by -law to amend By -law No. 79 -200, to permit the development of a residential
plan of subdivision on the east side of Garner Road, north of McGarry Drive and
west of Parkside Road. (AM- 12/2004, Garner Estates Phase 5)
2005 -66 A by -law to authorize the execution of a Managed Services Agreement with
Niagara Regional Broadband Network Limited and Cygnal Technologies
Corporation respecting the supply of services to the City, as defined in the
Managed Services Agreement.
2005 -67 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 18 day of April, 2005.
ORDERED on the motion of Alderman Diodati, seconded by Alderman Pietrangelo, that
the By -laws be now read a second and third time:
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April 18, 2005 Council Minutes
2005 -60 A by -law to regulate the supply of water and to provide for the maintenance and
management of the waterworks and for the imposition and collection of rates for
the use of water and water related services.
2005 -61 A by -law to adopt a mark, symbol or design for The Corporation of the City of
Niagara Falls.
2005 -62 A by -law to authorize the execution of an Agreement with The Pepsi Bottling
Group (Canada), Co., dated April 4, 2005, respecting a licence to be the
exclusive supplier of carbonated soft drinks and other beverage products for the
City arenas.
2005 -63 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City
employees, agents and third parties for the enforcement of provincial or
municipal by -laws.
2005 -64 A by -law to amend By -law No. 80 -114, being a by -law to designate private
roadways as fire routes along which no parking of vehicles shall be permitted.
2005 -65 A by -law to amend By -law No. 79 -200, to permit the development of a residential
plan of subdivision on the east side of Garner Road, north of McGarry Drive and
west of Parkside Road. (AM- 12/2004, Garner Estates Phase 5)
2005 -66 A by -law to authorize the execution of a Managed Services Agreement with
Niagara Regional Broadband Network Limited and Cygnal Technologies
Corporation respecting the supply of services to the City, as defined in the
Managed Services Agreement.
2005 -67 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 18"' day of April, 2005.
Carried Unanimously
Karla Homolka
NEW BUSINESS
Alderman loannoni brought up the impending release of Karla Homolka and the
recent resolution introduced in the legislature by Bob Runciman, M.P.P.
Moved by Alderman loannoni and seconded byAlderman Wing that Council support
the resolution introduced by Bob Runciman, M.P.P. that calls on the Attorney General to
1. (a) immediately make inquiries of federal correctional officials as to any known or
intended residency plans of Karla Homolka; and
(b) immediately convey to the Attorney General of Quebec the recommendation and
request of this Legislature to the Attorney General of Quebec that should Karla Homolka
indicate plans to reside in Quebec or not disclose such information that the Attorney
General of Quebec invoke section 810.2 of the Criminal Code prior to her release to seek
an order from the court to protect the public, especially by including a reporting -to- police
clause in any recognizance she is required to enter into; and
c) immediately seek such an order should no information be known about her post release
residency or the Attorney General of Quebec declines to seek an order pursuant to section
810.2 of the Criminal Code, in which case the order sought should include all of a
residency restriction, police reporting and electronic monitoring clauses in order to best
assure the protection of the people of Ontario and Canada from this convicted and
dangerous killer.
Carried Unanimously
Ort Road and other Rural Roads
Street Sweepers
Lighting at Oakes Park GNBA
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April 18, 2005 Council Minutes
Following a discussion on illegal activities taking place in seldom traveled rural
roads, Moved by Alderman loannoni, Seconded by Alderman Kerrio that staff look into
closing Ort Road south of Marshall Road as well as similar rural roads.
Carried Unanimously
After an inquiry, the Director of Municipal Works advised that the crews are
approximately one week behind due to the unexpected heavy snow fall at the beginning
of April.
Alderman loannoni inquired as to why there was a delay regarding the installation
of lighting at Oakes Park baseball diamonds considering Council's motion during the
budget process that the new lighting for Oakes Park be in place for the start of the GNBA
baseball season.
Staff responded that the budget process had not been completed and approved until
March, that the lighting had been ordered, specs had been drawn up by an engineer, the
tender for the installation of the lighting would be out mid -May and a purchase order will
be issued to the successful bidder with an anticipated installation in late June.
ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing that staff
tender the installation of the lighting immediately and that in the tender document the
contractors be requested to indicate when they could have the project completed by.
Carried Unanimously
ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing that should
the GNBA be forced to use the baseball diamonds at the Optimist Club due to the delay
in installing lighting at Oakes Park, the costs incurred by the GNBA for lighting expenses
be absorbed by the Corporation of the City of Niagara Falls. The motion Carried with
Aldermen Morocco voting contrary to the motion.
Park in the City
Alderman Volpatti reminded Council of the upcoming Park in the City events,
including this year's Community Clean -Up on Saturday, May 7, 2005, Let's Grow Together
Arbor Day, Friday, April 29, 2005, Go Wild Wildflower Planting on Saturday, May 28,
2005 and Schools In Bloom Competition.
Organizational Review
Alderman Morocco suggested that an estimate of cost for an Organizational Review
of Staff be obtained from a variety of consultants. It was suggested that a terms of
reference be created for an Organizational Review.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that the
motion be deferred. The motion Carried with Alderman loannoni, Wing and Morocco
voting contrary to the motion.
Waterloo Inquiry
Alderman Diodati mentioned the recent Waterloo Inquiry and suggested the Service
Delivery Review committee might want to look into the findings available at the inquiry
website.
CRTC Hearings
Alderman Diodati noted that the CRTC will be holding a number of hearings in
Niagara Falls on June 6 and 7, 2005, including the application by TVN (TV Niagara).
ORDERED on the motion of Alderman Diodati, seconded by Alderman Volpatti that
Council send a letter thanking the CRTC for holding hearings in our community and
supporting the application by TVN.
Carried Unanimously
Gas Prices in Niagara Falls
Alderman Diodati requested an update on the status of his inquiry regarding the gas
prices in Niagara Falls. Staff indicated that the "Competition Bureau" acknowledged the
City's request for an investigation and staff will circulate any updates to Council as soon
as they are received.
Niagara Falls Bridge Commission
ORDERED on the motion of Alderman Diodati, seconded by Alderman Wing that Council
send a letter to the Niagara Falls Bridge Commission reiterating Council's concerns
regarding the Whirlpool Bridge being used solely by NEXUS card holders.
Carried Unanimously
Millennium Trail
ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni that letters
be hand delivered to all residents backing onto the proposed Millennium Trail.
Carried Unanimously
By -Law Enforcement
Alderman Campbell advised that he has received a number of complaints regarding
the lack of By -Law Enforcement on the weekends. Staff indicated that it is the
Corporation's intent to have additional staff working extended hours during the summer
months by May 1, 2005. Until that time, the current By -Law Enforcement officers are
willing to work additional hours should a situation arise.
Local Emergency Services Responding to the Queen Elizabeth Way
ORDERED on the motion of Alderman Diodati, seconded Alderman Kerrio that Council
support the resolution of the Town of Lincoln petitioning AMO to pressure the MTO to
reinstate funding for Emergency Services provided on the Provincial Highways
Carried Unanimously
ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco, that the
meeting be adjourned at 8:15 p.m.
READ AND ADOPTED,
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April 18, 2005 Council Minutes
DEAN IORFICf(, CITY CLERK R. T. (TED) SALCI, MAYOR