2001/03/05READ AND ADOPTED,
EIGHTH MEETING
COMMITTEE -OF- THE -WHOLE
REGULAR MEETING
ADOPTION OF MINUTES
DISCLOSURES OF PECUNIARY INTEREST
Committee Room #2
March 5, 2001
Council met on Monday, March 5, 2001 at 4:00 p.m. in Committee of the Whole. All
members of Council, with the exception of Aldermen Feren, were present. Alderman
Hendershot presided as Chairman.
Following consideration of the items presented, the Committee of the Whole rose
to report in open session.
WAYNE THOMSON, MAYOR
Council Chambers
March 5, 2001
Council met on Monday, March 5, 2001 at 6:00 p.m. for the purpose of considering
Regular Business matters. All members of Council, with the exception of Alderman Feren,
were present. Alderman Judy Orr offered the Opening Prayer.
Alderman Wing requested that the Minutes of February 12, 2001 be amended to
reflect that Alderman Puttick seconded the motion that the matter be deferred regarding
AM- 16/2000; and also requested that the minutes of February 12th, 2001 be amended to
reflect that it had been her intention to have a copy of the letter respecting the 10 -digit
dialling code sent to municipalities in Ontario with a population of over 50,000.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot,
that the Minutes of the Planning Meeting of February 12th be approved as amended, and
that the Minutes of February 19th, 2001 be adopted as printed. Carried Unanimously
Alderman Craitor indicated pecuniary interests on Cheque Nos. 253842, 253015,
253010 and 253183 because a member of his family is employed by the Region.
Alderman Fisher indicated pecuniary interests on Cheque No. 258317 as a member
of her family is employed by the recipient.
Alderman Wing indicated a pecuniary interest on Cheque Nos. 258056, 258266,
258322 and 258166 because it was incurred on behalf of the Corporation of which she is
an officer.
His Worship Mayor Wayne Thomson welcomed the Niagara Falls Club Pack No.
1 who attended the Council meeting as part of their Blue Star Program along with their
Leaders, Linda Koudys and Carrie Roseborough.
Niagara Falls Minor Hockey Association
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DEPUTATIONS
Requestfrom Mr. Brandon Boone, Solicitor for Niagara Falls, Minor Hockey, and Mr.
Graham Brown, Ontario Minor Hockey Association to address Council with respect to the
present allegations and investigation of Niagara Falls Minor Hockey by a Sub committee
of Council.
Alderman Federow requested Council to treat this request in the same manner as
the original petitioners had been treated and be required to make their presentation to the
Committee which had been established, prior to any presentation to Council.
ORDERED on the motion of Alderman Federow, seconded by Alderman Puttick that the
presentations of Mr. Boone and Mr. Brown be made to the Committee prior to any
presentation to Council.
ORDERED on the motion of Alderman Wing, seconded by Alderman Volpatti that the
motion be amended by the removal of Mr. Brown's name and that he be permitted to
address Council. The motion Carried with Alderman Orr voting contrary to the motion and
all others voting in favour of the motion.
ORDERED on the motion of Alderman Federow, seconded by Alderman Puttick, that the
presentation of Mr. Boone be made to the Committee prior to any presentation to Council.
The motion Carried with Aldermen loannoni, Fisher, Orr, Craitor and Volpatti opposed to
the motion and with all others voting in favour.
Mr. Graham Brown, Ontario Minor Hockey Association gave a brief description of
the O.M.H.A.'s structure, authority and jurisdiction. He indicated that the O.M.H.A. has not
been approached by anyone nor have they been given the opportunity to address any
allegations with respect to Niagara Falls Minor Hockey who are one of their members, and
in fact, are here at the request of Niagara Falls Minor Hockey who are seeking the
assistance of the O.M.H.A. in determining what could be done. In addition, Mr. Brown
stated that he agrees that the City has an interest in the matter and requests that the
matter be referred to the O.M.H.A. who would be more than happy to appoint a member
of Council, or Staff, to sit on the Committee to address the manner in which the matter
would be addressed. He would suggest that all stakeholders might be involved in whatever
process although he cannot speak for the executive of the O.M.H.A., he can say that now
that the matter has been brought to their attention they will be looking into it.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor that the
matter be deferred to the O.M.H.A. to set up a process as to how they want to involve the
City Council, Staff, the petitioners and Niagara Falls Minor Hockey and that Aldermen
Federow and Craitor be on that Committee and that they keep Council, through the City's
Committee, informed of the process, progress and results.
The motion Carried with Aldermen Hendershot and Orr opposed to the motion and all
others voting in favour.
Mayor's Student Youth Advisory Council
Mr. Brian Cheney, Chair, Mayor's Student Youth Advisory Council which
encompasses participation of all the schools in the City of Niagara Falls, introduced the
members of the Youth Advisory Council; Francis Ambrosia, Terry Kane, Dan Costabile,
Rhiannon Clifford of St. Paul's High School, and Victoria Barnabi and Steve Durocher
of St. Michael's High School. Also in attendance and recognized were Sgt. Ed Piper and
Acting Insp. Doug Kane of Niagara Regional Police who are involved with the
Committee, as well as Dale Morton and Lori Lightfoot of the Parks, Recreation and
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Culture Department of the City of Niagara Falls. Mr. Cheney advised that a Youth Forum
will be held on March 29th at the Optimist Club, Dorchester Road from 8:30 a.m. to 1:00
p.m. involving 120 students from the Niagara Region and was thankful for the opportunity
of addressing Council.
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
His Worship Mayor Thomson requested that a message of condolence be forwarded to the
family of the late Frank Feren, son of Alderman Ken Feren.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo that a
letter of condolence be forwarded to the family of the late Frank Feren. Carried
Unanimously
His Worship Mayor Thomson requested that a message of condolence be forwarded to the
family of Fred Bilanzola on the tragic death of Mr. Bilanzola, a well respected teacher at St.
Paul's High School.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor that a letter
of condolence be forwarded to the family of the late Fred Bilanzola. Carried Unanimously.
His Worship Mayor Thomson requested that a message of condolence be forwarded to the
family of Michael Kerrio, a well respected member of the community.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot that a
letter of condolence be forwarded to the family of the late Michael Kerrio. Carried
Unanimously.
His Worship Mayor Thomson reported that a donation of $188.00 was made to Tender
Wishes which represents the proceeds from the Mayor's Challenge 2001 10 -Cup Dart
Competition.
His Worship Mayor Thomson advised of prospective clients of Mountainview Homes
preparing to locate in a proposed development at the Q.E.W. and Mountain Road (Mewburn
Road property) and requesting support in their action with the Niagara Escarpment
Committee.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher that the
request be supported. Carried Unanimously
See Resolution No. 7
His Worship Mayor Thomson advised that there have been numerous letters to the Editor
in the newspaper with respect to negotiations with the rail line that indicated a lot of
misinformation.
His worship Mayor Thomson reported that according to a Manpower Release, economic
development in the area is alive and well in the City.
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COMMUNICATIONS
Communication No. 49 David Jovanovic, Chair, Fallsview B.I.A. Re: Collection of
levy against their properties of $200,000.00 for this year. The communication requests
that the City of Niagara Falls collect a levy against their properties of $200,000.00 for the
year.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that
Council approve the Budget and authorize collection. Carried Unanimously
Communication No. 50 David Jovanovic, Chair, Fallsview B.I.A. Re: Election of
Board members for the Year 2001 and 2002. The communication advises that the
following Fallsview B.I.A. members will serve on the Fallsview B.I.A. Board of Directors until
August 2002; Carmen Menecchella, Attila Scerpes, Ron Saks, Nick Matovic, Vince
DiCosimo and Albert Zappitelli; and that Fallsview B.I.A. member, Amy Bignucolo will serve
on the Fallsview B.I.A. Board of Directors until August 2001, and requested that By -law 98-
223 be amended to increase their Board to thirteen(13) members in an effort to continue
to provide the leadership for the general membership of the Fallsview B.I.A. through their
Board of Directors and, the opportunity to have quorums at their Board of Directors
meetings as they are becoming more frequent.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo that this
request be received and filed for the information of Council, and further that the request for
a By -law amendment be referred to Staff. Carried Unanimously
Communication No. 51 Wayne A. Gilroy, Properties Officer, Regional Municipality
of Niagara (Public Works Department Operational Support Services) Re: Former
Niagara Freeway Lands, City of Niagara Falls. The communication advises of Regional
lands declared surplus which had previously been set aside for the Niagara Freeway
Project, and requesting the City of Niagara Falls to confirm if they are interested in any of
the parcels of land.
-AND
Communication No. 52 David Jovanovic, Chair, Fallsview B.I.A. Re: Sale of the
parcel of land on the west side of Stanley Avenue known as Parking Lot 2 for Casino
Niagara patrons. The communication advises of their strong opposition to the sale of
these lands being offered for sale through a public tender process; requesting that Council
acknowledge and support the concerns of the Fallsview B.I.A.; that the Regional
Municipality of Niagara extend its lease of this property to the City of Niagara Falls for one
year; and review of the current and future parking demands in the Fallsview B.I.A. area.
ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo that this
be received and filed for the information of Council and that His Worship Mayor Thomson
and Staff be authorized to meet with the Regional Municipality of Niagara and report back
to Council, and that the Fallsview B.I.A. be kept apprised of the status of this matter.
Carried Unanimously.
Communication No. 53 National Kids Day in support of Kids Help Phone Re: 4th
Annual National Kids Day in support of Kids Help Phone. The communication request
that Council proclaim Saturday, June 9, 2001 as 4 Annual National Kids Day in support of
Kids Help Phone.
ORDERED on the motion of Alderman loannoni, seconded by Alderman Fisher that the
request be supported. Carried Unanimously
Communication No. 54 Barbara Terenzio, Sci -Tech Ontario Re: Young Scientist
Month. The communication request that Council proclaim the month of March 2001, as
"Young Scientist Month
ORDERED on the motion of Alderman Fisher, seconded by Alderman loannoni that the
request be supported. Carried Unanimously
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REPORTS
RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS
ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the
actions taken in Corporate Services Committee, earlier this evening be approved:
1. Adoption of the February 19, 2001 Corporate Services Committee Minutes;
2. That Report F- 2001 -19 re Selection of Budget/General Ledger and Related Financial
Systems be received for information;
3. That the municipal accounts totalling $3,870,388.89 for the period ending March 5,
be approved.
4. That the thank you letter from AMO be received and filed.
See By -law No. 2001 -52
BBS -2001 -05 Chief Administrative Officer Re: Appointment of Provincial Offences
Officer. The report recommends that Nicole Irene Lowther be appointed as an Animal
Control Officer for the purpose of enforcing Animal Control By -Laws of the City of Niagara
Falls.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Wing that the
report be received and adopted. Carried Unanimously
See By -Law No. 2001 -44
MW- 2001 -24 Chief Administrative Officer Re: Ontario Labour Relations Board
Decision Regarding Water Meter Installation. The report recommends that 1) Council
pass the attached resolution requesting the Province to revise Provincial Legislation
requiring the use of plumbers for the installation of water meters; 2) That the resolution be
circulated to all Municipalities and AMO requesting support; and 3) That Staff be authorized
to attend meetings on behalf of the City where needed to work on the appeal of the Ontario
Labour Relations Board Decision 1348- 99 -HS; 1349- 99 -HS.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell that
the report be received and adopted. Carried Unanimously
See Resolution No. 8
PD- 2001 -21 Chief Administrative Officer Re: Application for Site Plan Approval;
SPC- 5212000, 6713/6735 Lundy's Lane; Proposed Harvey's Restaurant. The report
recommends that Council approve the site plan for a proposed restaurant at 6713/6735
Lundy's Lane.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Puttick that the
report be received and adopted. Carried Unanimously
PD- 2001 -22 Chief Administrative Officer Re: Application for Site Plan Approval;
SPC 45/2000, 5627 5637 McLeod Road; Proposed 8- storey Hotel. The report
recommends that Council approve the Site Plan for an 8- storey hotel located at 5627 and
5637 McLeod Road.
ORDERED on the motion of Alderman Fisher, seconded by Alderman Orr that the report
be received and adopted. Carried Unanimously
L- 2001 -14 Chief Administrative Officer Re: Establishment of Road Widenings and
One Foot Reserve as Public Highways McLeod Road, Beechwood Road and Costabile
Drive; Our File No. 2000 -70, 2000 -05. The report recommends that the road widenings,
described as Parts 1 and 2 on Reference Plan No. 59R -10999 and a one foot reserve
described as Block 22 on registered Plan No. 59M -273 be established as public highways,
to form part of McLeod Road, Beechwood Road and Costabile Drive, respectively.
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ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor that the
report be received and adopted. Carried Unanimously
See By -Law No. 2001 -47
See By -Law No. 2001 -48
See By -Law No. 2001 -49
L- 2001 -17 Chief Administrative Officer Re: Drunk Driving Offences; File No. 2001-
43. The report recommends that this be received for the Information of Council.
ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti that the
Province be requested to look at the entire issue of impaired driving with the idea of stiffer
penalties being imposed and stricter enforcement and, in addition, that they be requested
to direct additional monies into the treatment of alcohol and other addictions. Carried
Unanimously
L- 2001 -18 Chief Administrative Officer Re: Release of Agreement to Clear Cloud
On Title to Property on South Side of McLeod Road, at Marineland Parkway. The
report recommends that 687876 Ontario Limited be released from an auxiliary agreement
to a Subdivision Agreement registered on the title to their property located on the south side
of McLeod Road, at Marineland Parkway.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher that the
report be received and adopted. Carried Unanimously
RATIFICATION OF MUNICIPAL PARKING AND TRAFFIC COMMITTEE ACTIONS
ORDERED on the motion of Alderman Craitor, seconded by Alderman Volpatti that the
actions taken in Municipal Parking and Traffic Committee on February 20, 2001 be
approved.
MW- 2001 -22 Chairperson, Municipal Parking Traffic Committee Re: Municipal
Parking and Traffic Committee Recommendations February 20, 2001 Meeting.
1. MW- 2001 -12 Victoria Avenue Right Turn on Red Restrictions the report
recommends that a "No Right Turn on Red" restriction be implemented on: 1) The
north and south approaches of Victoria Avenue at Kincaid Place /McRae Street; 2)
The north and south approaches of Victoria Avenue at Jepson Street; and, 3) The
north and south approaches of Victoria Avenue at Simcoe Street.
2. Request for removal of 2 hour Parking Zone on Bridge CANPASS the report
recommends that: 1) The two hour parking one on the north side of Bridge Street be
removed fora 6 month trial period: 2) Following the 6 month time period, staff review
the situation and report back to the Committee; and that this request be forwarded
to the Region for their approval
3. Municipal Parking Lot #17 (Casino Lot #2) Stanley Avenue the report recommends
that the issue concerning the possible termination of the lease with the Region,
regarding Municipal Parking Lot #17, in the Fallsview Tourist Area, be forwarded to
Council for consideration, along with correspondence received from the Fallsview
B.I.A.
Carried Unanimously
See By -Law No. 2001 -45
RATIFICATION OF COMMITTEE OF THE WHOLE ACTIONS
That the By -law to establish procedures governing the sale and disposition of real property
by the City of Niagara Falls be passed.
See By -Law No. 2001 -53
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RESOLUTIONS
No. 7 HENDERSHOT FISHER WHEREAS Council is supportive of economic
development to the benefit of residents of the City of Niagara Falls.
BE IT THEREFORE RESOLVED THAT Council of the Corporation of the City of Niagara
Falls hereby supports the application of Mountainview Homes for a Development Permit in
the area of the QEW and Mountain /Mewburn Roads in the City of Niagara Falls AND the
Seal of the Corporation be hereto affixed.
Carried Unanimously
No. 8 PIETRANGELO CAMPBELL WHEREAS the Ontario Labour Relations Board has
ruled that water meters must be installed, tested or changed by Iicenced plumbers or
plumber's apprentices; and WHEREAS the use of licenced plumbers or plumber's
apprentices will substantially increase the cost of installing and maintaining water meters;
and WHEREAS the increased cost will be passed on to the ratepayers without an increase
in service; THEREFORE BE IT RESOLVED THAT the Council for the Corporation of the
City of Niagara Falls requests the Province of Ontario to revise the Trades and
Qualifications Act to permit the installation of water meters by trained installers /technicians;
AND FURTHER; that this resolution be circulated to all Municipalities and AMO for their
support.
Carried Unanimously
BY -LAWS
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that
leave be granted to introduce the following by -laws and the by -laws be read a first time:
2001 -44 A by -law to appoint an Animal Control Officer for the City of Niagara Falls.
2001 -45 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads (Prohibited Turns).
2001 -46 A by -law to authorize a Release, to the owner of land on the south side of
McLeod Road more particularly described as Parts 1, 4 and 5 on Reference
Plan No. 59R -5702, of an Agreement registered on September 13, 1979 as
Instrument No. LT.16381 insofar as it applies to said land.
2001 -47 A By -law to establish Block 22 on registered Plan No. 59M -273, as a public
highway, to be known as and to form part of Costabile Drive.
2001 -48 To establish Part 1 on Reference Plan No. 59R- 10999, as a public highway,
to be known as and to form part of McLeod Road
2001 -49 A By -law to establish Part 2 on Reference Plan No. 59R- 10999, as a public
highway, to be known as and to form part of Beechwood Road.
2001 -50 A By -law to amend By -law No. 79 -200, as amended (AM- 42/2000).
2001 -51 A By -law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan.
2001 -52 A By -law to authorize monies for General Purposes (March 5, 2001).
2001 -53 A By -law to establish procedures governing the sale and disposal of real
property by the City of Niagara Falls.
The motion Carried with Alderman Wing opposed to By -law Nos. 2001 -50 and 2001 -51,
and Aldermen Craitor, Fisher and Wing abstaining from the vote on By -law No. 2001 -52 on
conflicts of interest previously noted and with all others voting in favour.
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ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that
the following by -laws be now read a second and third time:
2001 -44 A by -law to appoint an Animal Control Officer for the City of Niagara Falls.
2001 -45 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads (Prohibited Turns).
2001 -46 A by -law to authorize a Release, to the owner of land on the south side of
Macleod Road more particularly described as Parts 1, 4 and 5 on Reference
Plan No. 59R -5702, of an Agreement registered on September 13, 1979 as
Instrument No. LT.16381 insofar as it applies to said land.
2001 -47 A By -law to establish Block 22 on registered Plan No. 59M -273, as a public
highway, to be known as and to form part of Constable Drive.
2001 -48 To establish Part 1 on Reference Plan No. 59R- 10999, as a public highway,
to be known as and to form part of Macleod Road
2001 -49 A By -law to establish Part 2 on Reference Plan No. 59R- 10999, as a public
highway, to be known as and to form part of Beechwood Road.
2001 -50 A By -law to amend By -law No. 79 -200, as amended (AM- 42/2000).
2001 -51 A By -law to provide for the adoption of an amendment to the City of Niagara
Falls Official Plan.
2001 -52 A By -law to authorize monies for General Purposes (March 5, 2001).
2001 -53 A By -law to establish procedures governing the sale and disposal of real
property by the City of Niagara Falls.
The motion Carried with Alderman Wing opposed to By -law Nos. 2001 -50 and 2001 -51,
and Aldermen Craitor, Fisher and Wing abstaining from the vote on By -law No. 2001 -52 on
conflicts of interest previously noted and with all others voting in favour.
Chamber of Commerce
Mark Romoff
NEW BUSINESS
Alderman Hendershot reported that he represented His Worship Mayor Thomson at
the Chamber of Commerce dinner and at that time he was informed of how well Alderman
Craitor served over the past few years.
Alderman Hendershot advised that he met Mark Romoff, Consulate General in
Buffalo, who was a Guest Speaker at the Chamber of Commerce Annual Dinner and who
spoke of the opportunities available in Niagara Falls with new development in this area.
Hotel Awards
At the Hotel Awards, a comment was made by personnel of one of the hotels that not
a single employee was laid off during the winter, and another hotel hired all winter long and
are still in the process of acquiring good staff.
Snow Plowing
Alderman Hendershot congratulated City staff on snow plowing this winter especially
in one particular area that a resident had expressed some concerns.
Kimberley Clark Building
Alderman Hendershot referred to concerns expressed by Sherman Zavitz, City
Historian about Property Standards and the deterioration of the Kimberly Clark Building.
ORDERED on the motion of Alderman Hendershot, seconded by Alderman Orr that this
matter be referred to Staff for a report. Carried Unanimously
Sportfest
Alderman Federow referred to the Sportsfest competition in Port Colborne and the
Hockey competition. Two teams from the City participated. The "A" Team from the Service
Centre won the Championship and the City Hall's Team headed by John MacDonald fell
short of winning their Championship.
Colangelo Estates PD- 2001 -18
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Alderman Craitor referred to the conditions of the Draft Plan Approval which allowed a
temporary roadway to the subdivision as opposed to the permanent roadway and requested
that the matter be reviewed.
Following some discussion, it was ORDERED on the motion of Alderman Craitor, seconded
by Alderman Wing that the Subdivision Approval be reconsidered.. The motion Carried as
follows:
AYE: Craitor, Wing, loannoni, Fisher, Pietrangelo, Federow, Volpatti
NAYE: Campbell, Hendershot, Orr, Puttick
ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the
meeting be adjourned. Carried Unanimously.
READ AND ADOPTED,
E. C. Wagg, City Wa e Thomson, Mayor