2004/04/05Council met on Monday, April 5, 2004 at 5:45 p.m. in an In Camera Session. All
members of Council, with the exception of Alderman Volpatti, were present. Alderman
Joyce Morocco presided as Chair.
Following consideration of the items presented, the In Camera session, reported
in Open session.
READ AND ADOPTED,
0 Canada
EIGHTH MEETING
IN CAMERA MEETING
REGULAR COUNCIL
Committee Room #2
April 5, 2004
DEAN IORFI'fA, C1TY CLERK R. T. (TED) SALCI, MAYOR
Council Chambers
April 5, 2004
Council met on Monday, April 5, 2004 at 6:00 p.m. for the purpose of considering
Regular Business matters. All members of Council, with the exception of Alderman
Volpatti, were present. Alderman Jim Diodati offered the Opening Prayer.
Prior to dealing with further Council matters, Casey Hyde, a 16 -year old student,
who attends Jean Vanier High School, sang the National Anthem.
ADOPTION OF MINUTES
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that
the Minutes of the Planning Meeting of March 22, 2004 be approved as printed. Carried
Unanimously.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Campbell indicated a pecuniary interest on Report F- 2004 -21, Cheque
No. 282990 because he is employed by the District School Board of Niagara.
Alderman Morocco indicated a pecuniary interest on Report F- 2004 -21, Cheque No.
282753, because her spouse is the recipient.
-2- April 5, 2004 Council Minutes
Alderman Pietrangelo indicated a pecuniary interest on Report F- 2004 -21, Cheque
No. 283047, because he is employed by the Niagara Catholic District School Board.
Alderman Wing indicated a pecuniary interest on Report F- 2004 -21, Cheque No.
283223, because she owns property with a Niagara Parks employee.
Team United. Niagara Karate Team
PRESENTATIONS
His Worship Mayor Salci congratulated and presented a token of appreciation to
Ryan Elliott, Zack Elliott and Kendra Lawrie, of Team United, Niagara, who had won
titles at the World Karate Championships in Houston, Texas in late November, 2003.
Falls Rescue
His Worship Mayor Salci congratulated and presented a token of appreciation to
Tom Warman, Bruce Johnson, Fred Hall and Al Oleksniuk of the Niagara Falls Fire
Services, Platoon No. 3, in recognition of their outstanding bravery and rescue efforts at
the brink of Falls on February 23, 2004.
Education Month
DEPUTATIONS
Ms. Jennifer Ribaric, Vice Principal of Orchard Park School introduced Laura
Kirkham, a student from Orchard Park School who discussed the benefits of public
education and provided highlights of the events being held at Orchard Park School during
Education Month; and Ms. Paula MacKinnon, Vice Principal, Westlane Secondary
School introduced Shelly Murphy, a student from Westlane Secondary School,who
provided information on the programs held at Westlane Secondary School, with the theme
"Seeing Students Succeed" in recognition of Education Month.
Cycle Fun Trek
Mr. Clyde Carruthers provided highlights of the upcoming 3` Annual Greater
Niagara Circle Trek being held at Firemen's Park on May 2, 2004, with special invited
guest, the Honourable Jim Bradley, Minister of Tourism and Recreation. Mr. Carruthers
extended an invitation to members of Council and to the community to participate.
His Worship Mayor Salci and Mr. Carruthers, on behalf of the Trails Bikeway
Committee, made a presentation of a bicycle to John Browning, Westlane High School,
the winner of the logo competition held with local high schools.
Budget- Related Matters
St. John Ambulance Capital Campaign
Mr. Peter Corfield, Capital Campaign Chair, introduced LCoI. Jeffrey Cairns,
St. John Ambulance Branch Chair, and Ms. K.T. Bucht, Branch Manager and other
committee members to Council. Mr. Corfield provided a brief overview of the Niagara Falls
Water Patrol Capital program, referred to the need to replace its current boat with a vessel
that is more conducive to water rescue and requested that Council consider the granting
of a $57,000 interest -free loan to ensure that St John Ambulance meets their operational
commitments.
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Following the discussion, it was ORDERED on the motion of Alderman loannoni,
seconded by Alderman Wing, to grant the request of a $57,000 interest -free loan. Carried
Unanimously.
Greater Niagara Baseball Association
Report R- 2004 -17 Greater Niagara Baseball Association (GNBA) Request for Pre
Budget Approval. The report recommends that the project to redevelop the two baseball
diamonds at Oakes Park proceed on a weather permitting basis.
Mr. Bob Pysher, Vice President, Greater Niagara Baseball Association,
provided background information on their request for the installation of clay base infields
for Oakes Park baseball diamonds #1 and #2 and the scheduling constraints faced by the
G.N.B.A. The organization requested pre- budget approval in the amount of $15,000,
which they matched to get the diamonds ready.
Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo,
seconded by Alderman Campbell, to pre- approve the cost of redeveloping the diamonds,
weather permitting. Carried Unanimously.
Niagara Falls People Mover Proiect
Mr. Ed. Lustig, Director, People Mover Project, provided an update on the
responses to Request for Proposals Step 1 (Work Program), the first step in the process
to find a private sector partner for the People Mover project. He commented that the City
was now in an enviable position of having an opportunity to get a key transportation
infrastructure project that was community- acceptable and was at the expense of the senior
levels of Government and a private partner. Mr. Lustig indicated that there would be
meetings with the interested parties over the next six weeks and, hopefully, by year end
the next step in the process, Requests for Proposals could go forward. He reminded
Council that costs of the project, other than staff, are covered by the Falls Management
Company.
-AND
Report PMP- 2004 -01, Niagara Falls People Mover Project Responses to Request
for Proposals Step 1 (Work Program)
Following the presentation, it was ORDERED on the motion of Alderman
Pietrangelo, seconded by Alderman Kerrio, that the information be received and filed. The
motion Carried with Alderman Wing abstaining from the vote on a conflict of interest.
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
Budget Forums
His Worship Mayor Salci advised that the second public forum on the budget was
being held on April 7th at the Optimist Club and a meeting with the Chamber of Commerce
was scheduled for April 14` 2004 at 3:00 p.m. in Committee Room #2.
Casino Opening
His Worship Mayor Salci advised of his attendance at a press conference on Friday,
April 2 held by the Provincial government and F.M.C. advising of the opening of the
Fallsview Resort Casino on June 8, 2004.
Mayor's Prayer Breakfast
His Worship Mayor Salci advised of the upcoming Mayor's Prayer Breakfast being
held on April 7', 2004 at 6:30 a.m. at the AmeriCana. He indicated that the Mayor of
Niagara Falls, New York, Mr. Vincent Anello would be in attendance.
IBI Consultants Public Meeting
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His Worship Mayor Salci advised that a public workshop was held March 31, 2004
by the IBI group, encouraging public input on the TADs study; he advised that the
Consultants would be coming back to Council with a final report in the near future.
Get Well Wishes
His Worship Mayor Salci extended Get Well wishes to Alderman Selina Volpatti for
a speedy recovery and advised that flowers would be sent on behalf of members of
Council.
REPORTS
PD- 2004 -30 Chief Administrative Officer Re: Zoning By -law Amendment
Application; AM- 39/2000; 2907 Stanley Avenue, Legalization of an Existing Four -Unit
Dwelling. The report recommends that Council pass the amending by -law listed on the
agenda to legalize an existing four -unit dwelling at 2907 Stanley Avenue.
ORDERED on the motion of Campbell, seconded by Alderman Pietrangelo, that the report
be received and adopted. Carried Unanimously.
R- 2004 -18 Chief Administrative Officer Re: Coronation 50 Plus Recreation Centre,
Response to Mr. Barrett. The report recommends the report for the information of
Council.
ORDERED on the motion of Wing, seconded by Alderman Campbell, that the matter of the
existing fee structure be deferred until after the Annual General Meeting at the Coronation
50 Plus Recreation Centre. The motion Carried with Aldermen loannoni, Morocco and
Pietrangelo opposed.
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 Pietrangelo, seconded by Alderman Campbell, that
the reports on the Consent Agenda be approved. Carried Unanimously.
1. F- 2004 -21, Municipal Accounts that Council approve the Municipal Accounts
totalling $33,094,993.05 for the period ending April 5, 2004 Aldermen Campbell;
Morocco; Pietrangelo and Wing, conflicts;
-5- April 5, 2004 Council Minutes
2. MW- 2004 -57, Fruitbelt Parkway Sewer Extension that the City enter into an
agreement with eh proponent to design and construct, at his sole expense, a new
municipal standard sanitary sewer on Fruitbelt Parkway subject to the conditions
outlined in the report;
3. MW -2004 49, Contract #2004 -06; Tender for the Supply of Materials and Services
for Pavement Markings (On- Street Application Only) that Provincial Maintenance
be approved to carry out the services for Tender #2004 -06;
4. MW- 2004 -50, Contract #2004 -07; Tender for the Supply of Materials and Services
for Pavement Markings (Parking Lots City -Owned Lands) that the low bid, R
C Driveway Sealing and Line Painting, be approved to carry out the services for
Tender 2004 -07;
5. R- 2004 -16 Parks and Field Use 2004 Schedule that the Schedules for Special
Events and Regular Use of parks, Athletic Fields, and School Grounds be approved
by City Council.
RESOLUTIONS
NO. 04 PIETRANGELO IOANNONI WHEREAS Subsection 40(1) of the Assessment
Act allows a municipality to c omplain to the Assessment Review Board regarding
assessment value of a property; NOW THEREFORE BE IT RESOLVED THAT:
(a) Council confirms the actions of Staff in filing the Notices of Appeal or Complaint
against those properties set out in Schedule "A" attached to this Resolution; and
(b) Staff be authorized to appear at the Hearing to consider the Appeals or Complaints
and to take all steps necessary to support the said Appeals or Complaints.
Carried Unanimously.
RATIFICATION OF "IN CAMERA" ACTIONS
ORDERED on the motion of Alderman Campbell, seconded by Alderman loannoni, that
the actions taken in the In Camera session, earlier this evening, be adopted.
that Council approve the reimbursement of the Employment Insurance Premium
overpayments by members of Council, for the period of January 1, 1997 to December 31,
2000. Carried Unanimously.
BY -LAW FOR SALE OF LANDS
His Worship Mayor Salci received a negative response to his request whether there
was anyone present that had an interest in the lands being sold with regard to By -law No.
2004 -66.
BY -LAWS
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 read a first time:
2004 -66 A by -law to authorize the execution of an Agreement of Purchase and Sale
from 456941 Ontario Ltd., respecting the purchase of lands being Part 1 on
Reference Plan 59R- 12214.
2004 -67 A by -law to amend By -law No. 79 -200, to permit a four -unit dwelling. (Re:
AM- 39/200, Nancy McKinnon).
-6- April 5, 2004 Council Minutes
2004 -68 A by -law to amend by -law No. 2004 -02, being a by -law to permanently close
part of a highway. (Re: May Avenue)
2004 -69 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 vehicle shall be permitted.
2004 -70 A by -law to amend By -law No. 79 -200, to permit portions of the existing
building to be used for offices and personal service shops and two dwelling
units and to repeal By -law No. 94 -293 (Re: AM- 02/2004, Cordasco, 4407
Montrose Road)
2004 -71 A by -law to provide for the approval of an amendment to the City of Niagara
Falls Official Plan. (Re: OPA No. 53, Cordasco, 4407 Montrose Road)
2004 -72 A by -law to amend By -law No. 79 -200, to permit the conversion of the
existing building into a 7 unit apartment dwelling and to repeal By -law No. 93-
208. (Re: AM- 04/2004, Givic Construction Inc., 3965 Main Street)
2004 -73 A by -law to amend By -law No. 79 -200, to permit the elimination of meeting
rooms from an existing hotel. (Re: AM- 48/2003, 6289 Fallsview Boulevard,
Nancy J. McIntosh)
2004 -74 A by -law to authorize monies for General Purposes (April 5, 2004)
2004 -75 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 5 day of April, 2004.
The motion Carried with Aldermen Campbell, Morocco, Pietrangelo and Wing abstaining
from the vote on By -law No. 2004 -74 on conflicts of interest previously noted 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 -66 A by -law to authorize the execution of an Agreement of Purchase and Sale
from 456941 Ontario Ltd., respecting the purchase of lands being Part 1 on
Reference Plan 59R- 12214.
2004 -67 A by -law to amend By -law No. 79 -200, to permit a four -unit dwelling. (Re:
AM- 39/200, Nancy McKinnon).
2004 -68 A by -law to amend by -law No. 2004 -02, being a by -law to permanently close
part of a highway. (Re: May Avenue)
2004 -69 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 vehicle shall be permitted.
2004 -70 A by -law to amend By -law No. 79 -200, to permit portions of the existing
building to be used for offices and personal service shops and two dwelling
units and to repeal By -law No. 94 -293 (Re: AM- 02/2004, Cordasco, 4407
Montrose Road)
2004 -71 A by -law to provide for the approval of an amendment to the City of Niagara
Falls Official Plan. (Re: OPA No. 53, Cordasco, 4407 Montrose Road)
2004 -72 A by -law to amend By -law No. 79 -200, to permit the conversion of the
existing building into a 7 unit apartment dwelling and to repeal By -law No. 93-
208. (Re: AM- 04/2004, Givic Construction Inc., 3965 Main Street)
2004 -73
7 April 5, 2004 Council Minutes
A by -law to amend By -law No. 79 -200, to permit the elimination of meeting
rooms from an existing hotel. (Re: AM- 48/2003, 6289 Fallsview Boulevard,
Nancy J. McIntosh)
2004 -74 A by -law to authorize monies for General Purposes (April 5, 2004)
2004 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 5' day of April, 2004.
The motion Carried with Aldermen Campbell, Morocco, Pietrangelo and Wing abstaining
from the vote on By -law No. 2004 -74 on conflicts of interest previously noted and with all
others voting in favour.
NEW BUSINESS
Claws and Paws Animal Rescue
Alderman Janice Wing advised that the owner of the Claws and Paws Animal
Rescue had found a new site in a residential area and suggested that staff work with the
operator of Claws and Paws on a proposed rezoning and also investigate the possibility
of waiving the fees associated with the rezoning.
ORDERED on the motion of Alderman Wing, seconded by Alderman Diodati, that staff
work with the operator of Claws and Paws Animal Rescue on a proposed rezoning and
staff investigate the possibility of waiving the fees associated with the rezoning.
Carried Unanimously.
2003 Municipal Election /Candidates Financial Statements
Alderman Janice Wing requested that the 2003 Municipal Election Candidates'
Financial Statements, including the List of Contributors, be posted on the City's website.
She was advised by the City Clerk that there might be costs associated with entering that
information on the website.
Following the discussion, it was ORDERED on the motion of Alderman Wing,
seconded by Alderman Pietrangelo, that a report come back to Council regarding the costs
involved in entering the requested information on the City's Web page. Carried
Unanimously.
Pesticide and Herbicide Use
Alderman Janice Wing referred to the resolution from the Corporation of the City of
Thorold requesting the Province of Ontario, through the Ministry of Environment enact
legislation making the use of pesticides on all private and public property illegal because
of health and safety concerns and the well being of community inhabitants.
Following discussion, it was ORDERED on the motion of Alderman Wing, seconded
by Alderman Diodati, that a report come back to Council on any possible negative
economic impacts to the tourist industry. Carried Unanimously.
Public Dock on Chippawa Creek
Alderman Janice Wing advised that it had come to her attention that the public dock
on Chippawa Creek was deteriorating and requested that staff look into the matter.
READ AND ADOPTED,
DEAN I�A, C TY CLERK
-8- April 5, 2004 Council Minutes
ORDERED on the motion of Alderman Wing, seconded by Alderman Pietrangelo, that staff
look into the matter of the deterioration of the public dock on Chippawa Creek and to take
any remedial action needed. Carried Unanimously.
Mayor's Youth Advisory Committee
Alderman Carolynn loannoni advised of her attendance at the 1s Mayor's Youth
Advisory Forum in Fonthill. She indicated that the Region was considering a Youth
Advisory Committee and suggested that one member of the Youth Advisory from each
municipality be sent to form a Regional Youth Advisory Committee.
New Proposed St. Catharines Hospital
Alderman Jim Diodati commented on the latest news articles regarding the new
proposed St. Catharines Hospital and concerns expressed by the doctors in the Niagara
area; he suggested that a public meeting be held with the Niagara doctors and
representatives from the Niagara Health System to address the doctors' concerns and
issues on the matter.
ORDERED on the motion of Alderman Diodati, seconded by Alderman loannoni, that a
public meeting be held with the Niagara doctors and representatives from the Niagara
Health System to address the doctors' concerns and issues. Carried Unanimously.
Playground Eauipment/Bambi Park
Alderman Victor Pietrangelo requested that Council pre- approve the budget item of
playground equipment at Bambi Park.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that
Council pre- approve the budget item of playground equipment at Bambi Park. Carried
Unanimously.
Funding Initiatives
Alderman Joyce Morocco referred to a Toronto Sun article on funding initiatives
dealing with a Recreation Development Fund and a Sports Culture Tourism partnership
shared between the Provincial and Federal governments. The Director of Parks,
Recreation Culture advised that staff would report back on the matter.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that
the meeting be adjourned. Carried Unanimously.
R. T. (TED) SALCI, MAYOR