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2004/03/08SIXTH MEETING IN CAMERA MEETING Council met on Monday, March 8, 2004 at 4:30 p.m. in an In Camera Session. All members of Council, with the exception of Alderman Wing, were present. His Worship Mayor Salci presided as Chair. Following consideration of the items presented, the In Camera session reported in open session. READ AND ADOPTED, 4 7:poi <-1-C_Wock! DEAN IORFI CLERK R. T. (TED) SALCI, MAYOR 0 Canada REGULAR MEETING Committee Room #2 March 8, 2004 Council Chambers March 8, 2004 Council met on Monday, March 8, 2004 at 6:00 p.m for the purpose of considering Regular Business matters. All members of Council, were present. Alderman Selina Volpatti offered the Opening Prayer. A choir from the Niagara Institute of Music and the Arts consisting of students ranging between the ages of 7 and 13 sang the National Anthem, led by Ms. Angela Seeger. Following the National Anthem, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that a letter of appreciation be forwarded to the National Institute of Music and the Arts on the excellent performance of their students. Carried Unanimously. ADOPTION OF MINUTES Alderman Wing requested that the Minutes of February 23, 2004 be amended to reflect her opposition to the motion to Report PD- 2004 -11. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the Minutes of the Planning Meeting of February 23, 2004 be approved as amended. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Kerrio indicated a pecuniary interest on Report No. L- 2004 -12 and L- 2003-75, because he has a business located in the Industrial Park area. Alderman Wing indicated a conflict of interest on an In Camera matter dealt with earlier this evening. Canadian Cancer Society Ms. Sara Snyder provided information on the upcoming 13 Annual Skylon Stair Climb for Cancer being held on April 3, 2004 and extended an invitation to Members of Council and the community to participate in this worthwhile cause. Smog Alert Response Plan -2- March 8, 2004 Council Minutes DEPUTATIONS It was noted that Alderman Victor Pietrangelo was prepared to receive pledges on behalf of the Stair Climb for Cancer event. Dr. Douglas Sider, Associate Medical Officer of Health, acknowledged Regional Councillor Bruce Timms, Chair of Public Health Committee and Dr. Robin Williams, Chief Medical Officer of Health to members of Council. Dr. Sider provided an overview of smog, how it comes about, why it's a Regional concern and the health impacts. He outlined what businesses, municipalities and individuals should do on Smog Alert days. The Doctor referred to the Development of an Integrated Smog Alert Response Plan for the Niagara Region and the Short and Long Term Strategies. During the discussion, it was suggested that the issue of linking the Smog Alert with the Weather Channel be explored. Councillor Timms extended an invitation to members of Council to attend and participate in the workshop sessions on April 20, 2004 and indicated that he looked forward to their co- operation and assistance in this initiative. 2004 -2008 Capital Projects Budget F- 2004 -18 Chief Administrative Officer Re: 2004 -2008 Capital Projects Budget. The report recommends the report for the information of City Council. The Chief Administrative Officer provided an overview of the 2004 -2008 Capital Projects Budget and advised that the purpose of the Capital Projects was to provide descriptive details of the Capital Projects for the current budget year and to provide information on future Capital Projects and referred to the various funding sources. Discussion ensued with respect to short-term borrowing, maintaining the same levels of service, how debentures would be funded and levels of debt. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. Following further discussion, it was ORDERED on the motion of Alderman Kerrio, seconded by Alderman Pietrangelo, that staff bring back a budget with a 4% increase and an itemized list identifying items that would allow Council to reduce the proposed tax Congratulations -3- March 8. 2004 Council Minutes MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS His Worship Mayor Salci congratulated Dorothy Louie Yando on the occasion of their 50`" Wedding Anniversary. Great Wolf Lodge /Ripley's Aquarium His Worship Mayor Salci referred to the press conference held on March 5, 2004 by Ripley's International where they unveiled plans for a $200 million, world -class family entertainment destination resort and state -of- the -art aquarium. Circus Fun Fest His Worship Mayor Salci advised that the Mayor's Youth Advisory was holding a free Circus fun fest on March 17, 2004 at the Boys and Girls Club and invited everyone to attend. COMMUNICATIONS Communication No. 25 The Fresh Air Fund Re: Proclamation. The communication requests that Council proclaim March 20, 2004 as "Fresh Air Fund Day in Niagara Falls ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the request be approved. Carried Unanimously. Communication No. 26a) Niagara Falls Downtown Board of Management Re: Election of Officers to the Downtown Board of Management. The communication requests that Council accept the appointments of Joe Amodeo; Tony Barranca; Cal Beresh; Naomi Furnston; Mordecai Grun; Dr. Joanne Hill; Kuban Lalani, Scott Rodgers and Sam Stevens to serve as Board members and further, that Council appoint one Council representative to the Board. AND Communication No. 26b)- Mr. Joe Amodeo, Chairman, Niagara Falls Downtown Board of Management. ORDERED on the motion of Alderman Diodati, seconded by Alderman Morocco, that the appointments to the Downtown Board of Management be approved and that Mayor Salci sit as Council representative to the Board. Carried Unanimously. Communication No. 27 Ontario Liquor Boards Employees' Union Re: Privatization of the L.C.B.O. The communication requests support in opposing the privatization of the L. C. B.O. ORDERED on the motion of Alderman Wing, seconded by Alderman Pietrangelo, that Council supports the request. Carried Unanimously. Communication No. 28 The Many Hands Project Committee. The communication requests certain fee waivers and City property usage; and requests Council endorsement of this valuable community enhancing project and the promotion of the project to staff and civic partners as an opportunity to volunteer and /or provide sponsor support. ORDERED on the motion of Alderman Morocco, seconded by Alderman Campbell, to endorse with in -kind services. Carried Unanimously. REPORTS CD- 2004 -04 Chief Administrative Officer Confirmation of Council's Resolutions to the Application for a Liquor Licence at 4437 or 4439 Queen Street (formerly known as the Cell Block) The report recommends that Council reconsider the resolutions passed pertaining to the issuance of a liquor licence at 4437 and 4439 Queen Street, commonly known as the Cell Block, amongst other establishment names. -AND Communication No. 29 Mr. Joe Amodeo, Niagara Falls Downtown Board of Management. The communication requests that City Council pass a resolution requesting a cessation of approvals for liquor licences until it has passed it's CIP and it's zoning by- laws in the downtown; and that City Council empower City staff to use all resources at their disposal and to retain whatever outside council or other specialists as necessary to represent the City and its interests. His Worship Mayor Salci declared a conflict of interest and relinquished the Chair. Alderman Wayne Campbell assumed the Chair. Mr. Alex Markakis and Mr. Constatine Vogiatzis, the applicants, expressed their interest in having their business establishment in the downtown area and outlined their efforts in gaining support for the issuance of a liquor licence. ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti, that Council reconfirms it's previous opposition to the issuance of a liquor licence at 4437 or 4439 Queen Street (formerly known as the Cell Block). Carried Unanimously. -AND RATIFICATION OF AN "IN CAMERA" MATTER His Worship Mayor Salci resumed the Chair. -4- March 8, 2004 Council Minutes ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the action taken in the "In Camera" session, earlier this evening, be approved: Re: Downtown BIA's request for the City to contribute toward their legal fees for the Downtown BIA's legal counsel. that Council continue to support staff's assistance and support of the Downtown BIA in their opposition to the application for a liquor licence at the former Cell Block, but will not financially contribute to the legal fees for the Downtown BIA's legal counsel. The motion Carried with Alderman Wing abstaining from the vote because she had not been present during the In- Camera session. Mr. Mordecai Grun, a member of Downtown BlAreferred to the revitalization of the downtown area and requested the City's support and commitment towards the Downtown BIA's legal fees opposing the application at the former Cell Block. During the discussion, it was reconfirmed that Council have committed to the community implementation plan for the downtown area and were in support of the Downtown BIA, but would not contribute financially to the Downtown BIA's legal fees on the matter. -5- March 8, 2004 Council Minutes PD- 2004 -22 Chief Administrative Officer Re: Input into Section 37 (Financial Bonusing) Provisions for Buildings over 30 Storeys. The report recommends that Council select representatives to meet with staff and the IBI Group. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that Aldermen Campbell, loannoni, Morocco, Volpatti, Wing and Mayor Salci sit on the Committee. Carried Unanimously. Memo from City Clerk Re: Procedures for Voting on the Niagara Falls Hydro Board Appointments. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the City Solicitor and the Executive Director of Corporate Services act as scrutineers for the Niagara Falls Hydro Board Appointments. Carried Unanimously. Following a vote by secret ballot, on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, that the citizen appointments of Mr. Robert Campbell, Mr. A. William Raskin, Ms. Janie Palmer and Mr. Andrew Panko to the Niagara Falls Hydro Holding Corporation be approved. Carried Unanimously. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the ballots be destroyed. Carried Unanimously. It was noted by Aldermen Diodati, Kerrio and Pietrangelo that they did not wish to stand on the ballots for the Aldermanic appointments to the Hydro Board. Following a vote by secret ballot, on the motion of Alderman Wing, seconded by Alderman Campbell, that the appointments of Aldermen Campbell, loannoni and Morocco to the Niagara Falls Hydro Holding Corporation as Council representatives be approved. Carried Unanimously. ORDERED on the motion of Alderman Wing, seconded by Alderman Campbell, that the ballots be destroyed. 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 MOVEDOTHOEUT BEING ALDERMAN MAY REPORTS E ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the Reports on the Consent Agenda be received and adopted. 1. F -2004- 17, Major Receivables Year -End Report; 2. HR- 2004 -02, Employees Social Night; 3. L- 2004 -12, Permanently Close Unopened Road Allowance part of Don Murie Street and part of Anderson Crescent; 4. L- 2004 -15, Release of Site Plan Agreements; Part 1 on Reference Plan 59R- 12272; -6- March 8, 2004 Council Minutes 5. MW- 2004 -42, Development Charges By -law Schedule; 6. MW- 2004 -43, Assumption of Completed Subdivisions; 7. MW- 2004 -38, Garner Road Sanitary Sewer (Lundy's Lane to McLeod Road) Local Improvement Project, Stakeholder's Meeting #2; 8. MW- 2004 -45, Drummond Road and Church's Lane Watermain Public Information Session Open House. The motion Carried with Alderman Kerrio abstaining from the vote on Report L- 2004 -12 on a conflict of interest previously noted and with all others voting in favour. RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Kerrio, that the following actions taken in the "In Camera" session, earlier this evening, be approved: 1. That Council denies the appeal for an Adult Entertainment Licence; 2. That an Offer to Purchase from Louis Fiorentino for former railway lands, now City owned lands, located north of Park Street "subject lands attached as Schedule "A" be denied on the basis that it is considerably lower than the appraised value; and that Council not sell such land until such time that Council consider a more comprehensive study of the area. Carried BY -LAW FOR SALE OF LANDS His Worship Mayor Salci received a negative response to his request on whether there was anyone present that had an interest in the lands being sold as per By -law No. 2004 -52. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that leave be granted to introduce the By -law and the By -law be read a first time: 2004 -52 A by -law to authorize the execution of an Offer to Purchase from 1546952 Ontario Limited respecting the purchase of lands being Part 4 on Reference Plan 59R- 12261. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the following By -law be now read a second and third time: 2004 -52 A by -law to authorize the execution of an Offer to Purchase from 1546952 Ontario Limited respecting the purchase of lands being Part 4 on Reference Plan 59R- 12261. Carried Unanimously. BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that leave be granted to introduce the By -laws and the By -laws be read a first time: 2004 -53 A by -law to establish Parts 3 4 on Reference Plan 59R -12167 as public highways, to be known as and to form part of Ash Street and Drummond Road _7_ March 8. 2004 Council Minutes 2004 -54 A by -law to establish Part 2 on Reference Plan 59R -12316 as a public highway, to be known as and to form part of Misener Road. 2004 -55 A by -law to authorize the execution of a Condominium Agreement with Falls Masonry Limited respecting Drummond Court Condominium, being Part Lot 34, Plan 2, Part road allowance between Township Lot 125 and 131 Stamford, Part 1 on 59R- 12208, located at Drummond Road. 2004 -56 A by -law to authorize the execution of an Agreement with Nancy McKinnon respecting the payment by Nancy McKinnon for the construction of future sidewalks along Church's Lane and Stanley Avenue, Niagara Falls. 2004 -57 A by -law to prohibit or regulate the placing or dumping of fill, the removal of topsoil and the alteration of the grade of land within the City of Niagara Falls. 2004 -58 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited, Stop Signs at Intersections) 2004 -59 A by -law to authorize the execution of an Encroachment Agreement with HOCO Limited respecting permission from the City to encroach over part of the highway with a sign. 2004 -60 A by -law to authorize temporary borrowing to meet expenditures made by The Corporation of the City of Niagara Falls for the purpose of paying the City's share for construction of the Community Centre. 2004 -61 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8`" day of March, 2004. The motion Carried with Alderman Wing voting contrary to the motion on By -law No. 2004 -60 and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Kerrio, that the following By -laws be now read a second and third time: 2004 -53 A by -law to establish Parts 3 4 on Reference Plan 59R -12167 as public highways, to be known as and to form part of Ash Street and Drummond Road 2004 -54 A by -law to establish Part 2 on Reference Plan 59R -12316 as a public highway, to be known as and to form part of Misener Road. 2004 -55 A by -law to authorize the execution of a Condominium Agreement with Falls Masonry Limited respecting Drummond Court Condominium, being Part Lot 34, Plan 2, Part road allowance between Township Lot 125 and 131 Stamford, Part 1 on 59R- 12208, located at Drummond Road. 2004 -56 A by -law to authorize the execution of an Agreement with Nancy McKinnon respecting the payment by Nancy McKinnon for the construction of future sidewalks along Church's Lane and Stanley Avenue, Niagara Falls. 2004 -57 A by -law to prohibit or regulate the placing or dumping of fill, the removal of topsoil and the alteration of the grade of land within the City of Niagara Falls. 2004 -58 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited, Stop Signs at Intersections) Women's Place of South Niagara "No Standing /No Parking Signs 2004 -59 A by -law to authorize the execution of an Encroachment Agreement with HOCO Limited respecting permission from the City to encroach over part of the highway with a sign. 2004 -60 A by -law to authorize temporary borrowing to meet expenditures made by The Corporation of the City of Niagara Falls for the purpose of paying the City's share for construction of the Community Centre. 2004 -61 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8 day of March, 2004. The motion Carried with Alderman Wing voting contrary to the motion on By -law No. 2004- 60 and with all others voting in favour. Lights at Dawson /Dorchester -8- March 8, 2004 Council Minutes NEW BUSINESS Alderman Victor Pietrangelo requested information on the status of the lights at Dawson /Dorchester. He was advised by the Director of Municipal Works that these were part of the E.A. process and were included in the E.A. documents, however, design work could be commenced. Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that staff proceed with the design in putting in the lights at Dawson and Dorchester Road. Carried Unanimously. Alderman Carolynn loannoni thanked the members of Council and the City for their participation in the Women's Place of South Niagara's "Strike Out for Violence" fundraising event. Alderman loannoni also made mention of the upcoming Annual Book Fair event for Women's Place to be held at the Optimist Club. Correspondence Received in Council Packages Alderman Selina Volpatti requested that the correspondence received from Mr. Carmine loannoni, CUPE be referred to staff. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco. Carried Unanimously. Alderman Selina Volpatti referred to the issue of trucks parked on Thorold Stone Road near Five Corners, which had been brought up at a previous Council. "No Standing /No Parking" signs already exist but are clearly ineffective without enforcement. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the matter of "No Standing /No Parking" at Stamford Centre be referred to the Police for monitoring and enforcement. Carried Unanimously. Welcome Signs Alderman Jim Diodati referred to the welcome sign on the Queen Elizabeth Highway and enquired whether an irrigation line would be installed and whether another welcome sign would be installed on the Fort Erie side of the Queen Elizabeth Highway. The Director of Parks, Recreation Culture responded that there was funding in place for the water line and, further, that a number of welcome sign designs were in the beautification plan. She indicated that staff, along with the Environmental Planning Greening Committee would be looking at designs. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, DEAN IORFI ITY CLERK -9- March 8. 2004 Council Minutes R. T. (TED) SALCI, MAYOR