Loading...
HomeMy WebLinkAbout2004/05/31 FOURTEENTH MEETING REGULAR COUNCIL Council Chambers May 31, 2004 Council met on Monday, May 31, 2004 at 6:20 p.m. for the purpose of considering Regular Business matters. All members of Council, with the exception of Alderman Pietrangelo, were present. Alderman Jim Diodati offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the Minutes of May 17, 2004 be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Volpatti indicated a pecuniary interest on Report FS- 2004 -12 because a member of her family is employed by Vincor. Alderman Campbell indicated a conflict of interest from the Community Services Committee on the Walker Landfill Environmental Assessment matter because his parents are negotiating with respect to the sale of their home; and indicated a pecuniary interest with respect to the Niagara Falls Armoury because he resides in the area. Alderman Kerrio indicated a conflict of interest on Report MW- 2004 -95, Development Charges because he is in litigation on the matter. Alderman Wing indicated a pecuniary interest on Communication Nos. 79; 79a); and 79b), and Resolution Nos. 07 and 08, as the events were being held on Niagara Parks property and she owns property with a Niagara Parks employee. Alderman Morocco indicated a conflict of interest on Communication No. 79a) dealing with Niagara Falls Tourism which is her contract place of employment. DEPUTATIONS Mayor's Disability Advisory Committee Mrs. Paisley Janvary-Pool introduced the members of the Mayor's Advisory Committee and offered a challenge to members of Council to compete in an obstacle course competition on Thursday, June 3, 2004 at City Hall in recognition of National Access Awareness Week. Mayor Salci presented the Patrick Cummings Award to Claudette White, President, Niagara Falls Pilot Club and to Marion Copeland Mary Beth Stacey, Yoga for Persons with Special Needs, in recognition of their service to the local disabled community. Mr. Guy Prata, a member of the Mayor's Disability Advisory Committee requested that Council proclaim the week of May 30 th to June 5 2004 as "National Access Awareness Week" in the City of Niagara Falls. ORDERED on the motion of Alderman loannoni, seconded by Alderman Diodati, that the week of May 30 to June 5, 2004 be proclaimed as National Access Awareness week in the City of Niagara Falls. Carried Unanimously. The Mayor's Disability Advisory Committee requested that a resolution be forwarded to the Provincial Government petitioning for the introduction of legislation that will afford access, prevent discrimination and provide protection to individuals that require service dogs. ORDERED on the motion of Alderman Wing, seconded by Alderman Morocco, that the Provincial Government be petitioned to introduce legislation that will afford access, prevent discrimination and provide protection to individuals that require service dogs. Carried Unanimously. -AND CD- 2004 -11 Chief Administrative Officer Re: Annual Plan Under the Ontarians with Disabilities Act. The report recommends that Council adopt the Mayor's Disability Advisory Committee's plan as required under the Ontarians with Disabilities Act. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. The Niagara Falls Armoury May 31, 2004 Council Minutes See Resolution No. 06 Mr. Robert Foley, Executive Director, Heritage Niagara Inc., requested that Council reverse its decision not to acquire the Armoury from the Department of National Defence; he indicated that the Armoury was a first -class military museum and an important heritage landmark. Mr. Garry Beck, President, Garry Beck Enterprises, provided a brief overview of the inspections made and of the cost estimates given for the required building repairs. He expressed his opinion that the building was in extremely good condition and with ongoing regular maintenance, it could be kept that way for many years. In response to questions raised, the City Solicitor discussed the issue of asbestos in the walls and cautioned Council, that if a decision was made this evening to purchase the building, then Council would be taking on a liability that they may not want. Mr. John den Ouden, President, 483 Wing, Royal Canadian Air Force Association, indicated that the Association was in full support of the City purchasing the Armoury; he advised that the Armoury would be a natural memorial to our war veterans, a place to house various memorabilia and be a source of information for future generations and urged Council to purchase the Armoury. Mrs. Lynette Yorke, wife of the late Col. Ron Yorke, requested that Council take into account all the information and presentations provided and consider retaining the Armoury. -AND Report R-2004-34 Chief Administrative Officer Re: Military Museum, Niagara Falls Armoury. The report recommends that staff be directed to host a public meeting for those who expressed interest in the Armoury. -3- May 31. 2004 Council Minutes Following the discussion, it was ORDERED on the motion of Alderman Kerrio, seconded by Alderman Volpatti, that staff and the original consultants, Trow Engineers Consulting Inc., and Mr. Robert Foley, and other interested parties, meet to reconcile the cost estimates and report back to Council; and further, that staff contact Mr. Brian Atkinson, Public Works Division of the Department of National Defense, immediately, with regard to the June 12, 2004 deadline. The motion Carried with Alderman Wing voting contrary to the motion and Alderman Campbell abstaining from the vote on a conflict of interest previously noted. Niagara Falls Tourism Policy Review Mr. Rob Dolan, Planner, Associate, IBI Consultants, Mr. Trevor McIntyre, Director Landscape Architect, IBI Consultants; Mr. David Hastings, Director Architect, IBI Consultants and Ms. Deanne Miton, Urban Designer, IBI Consultants provided their Final Report and the Urban Design Guidelines /Principles for the Tourism District of the City of Niagara Falls; they identified the implementation strategies needed to effectively achieve the City's goals and objectives; reviewed their report's seven principles: base building conditions, public realm treatment, skyline views, including protecting the Skylon as an icon, skyline height, views and vistas, microclimate and parking and circulation. Other matters discussed included on -site parking, urban separators and stable boundaries and Section 37 community benefits. -AND Report PD- 2004 -46 Chief Administrative Officer Re: City of Niagara Falls, Tourism Policy Review. The report recommends the following: 1. That Council accept the IBI Group's recommendation that the City's Official plan policies are adequate to achieve the tourism objectives of City Council and the community; 2. That Council accept the IBI Group's final report which has been prepared in the form of an Implementation Handbook to more effectively achieve the tourism policy objectives prescribed in the Official Plan; 3. That Council authorize staff to forward copies of the Consultant's final report to all persons, groups and agencies who participated or expressed an interest in the tourism policy review initiative; 4. That Council instruct the Architectural peer Review Panel to have regard to the IBI Group's enhanced urban design objectives when reviewing development applications in order to ensure that the purpose and intent of the City's tourism policies are being realized; 5. That Council require applicants for high -rise building proposals to submit all requisite contextual plans and studies in order to constitute a complete application for plan review and processing. The recommendations of the IBI Group for enhanced micro climatic impact studies be included as part of a "complete" application; 6. That Council invite comments, within two weeks, from the development community regarding IBI's recommendations for accepting community benefits in exchange for increased heights and densities under Section 37 of the Planning Act. 7. That Council direct staff to prepare an overall implementation program for the tourism policy review. This program will include: -4- May 31, 2004 Council Minutes a) the final adoption of the IBI Group's Implementation Handbook as an appendix to the Official Plan; b) the implementation of the Streetscape master Plan through an Official Plan amendments specifying road widening requirements; c) the establishment of general zoning regulations for building floor plates and minimum separation distances between high -rise towers; d) the preparation of a linear corridor plan for the Hydro Corridor to serve as an urban separator, buffer and transitional area between residential neighbourhoods and tourist land uses; e) other logistical details as recommended in the IBI report. 8. That staff review the Architectural Peer Review process and report back to Council. In response to questions raised, the Director of Planning and Development advised that the preparation of a linear corridor plan for the hydro corridor, to serve as an urban separator was part of the recommendation report. He also requested that Council specify a timeframe regarding submissions from the development community regarding accepting community benefits under Section 37 of the Planning Act. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the Seven (7) Recommendations be received and adopted and further, that staff review the Architectural Peer Review Panel Process and report back to Council. Carried Unanimously. Following further discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that submissions from the development community regarding accepting community benefits under Section 37 of the Planning Act, be solicited and received within the next two weeks. Carried Unanimously. PUBLIC MEETING MW- 2004 -95 Chief Administrative Officer Re: Development Charges Background Study Conclusions and Recommendations. The report recommends that the Development Charges Background Study (May 14, 2004) be received for the information of Council. -AND Communication No. 74 S. A. Branscombe, President, River Realty Development (1976) Inc. The communication suggests that Council concern itself with residential impost fees. -AND Communication No. 75 -Brian Sinclair Professional Corporation. The communication advises of their intention to obtain final approval from the City permitting this Plan of Subdivision to be registered at the earliest date and prior to the end of August of this year and requesting Council to approve the allocation of funds for the reconstruction of Miller Road as set out in the consultant's report. -5- May 31, 2004 Council Minutes Mr. Cam Watson, Consultant, C.N. Watson and Associates Ltd., provided a brief overview of the draft Development Charges study, dated May 14, 2004; he advised that the purpose of the study was to enable the City to replace By -law No. 99 -144, which expires on August 2, 2004 and indicated that the by -law enables the City to acquire contributions toward development related servicing costs. Ms. Italia Gilbert', Solicitor, advised that, on behalf of the numerous developers, an appeal to the Development Charges By -law No. 99 -144, had been submitted. She advised that as material was still being gathered and discussions were on- going, she was not in a position to provide comments on the proposed by -law, reserved the right to do so at a later date and preserve the right to appeal by her clients. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the report be received for the information of Council. The motionCarried with Alderman Kerrio abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the correspondence be received and filed. Carried Unanimously. PUBLIC MEETING L- 2004 -25 Chief Administrative Officer Re: Noise Control By -law The report recommends the following: 1. That the proposed Noise Control By -law (the "By -law attached to this Report as Schedule "A" be passed; 2. That short-form wording and set fines for the By -law be adopted and forwarded to the Province for approval; 3. That the Niagara Regional Police Service be sent a copy of the By -law and asked to enforce it as may be required; 4. That staff meet with the Niagara Regional Police Service to coordinate efforts so that the By -law will be effectively enforced; 5. That staff continue to monitor any unnecessary sound sources and to work with businesses and individuals in ensuring compliance with the By -law. The City Solicitor reviewed and presented the following features of the Noise Control By -law through a power point presentation: 1) General prohibitions against any noise that is likely to disturb the inhabitants of the City; 2) Specific prohibition against certain activities such as the revving of engines, engine noises without proper mufflers, honking of horns; 3) Time and Activity prohibitions activities which cannot be carried out between certain hours of the day such as operating equipment, waste pickup, deliveries, amplified sound; 4) Exemptions from certain Time Activity prohibitions for the entertainment areas of the City including Clifton Hill, Victoria /Centre, Fallsview and Stanley; 5) Exemptions for emergency vehicles; -6- 6) Exemptions for incidental noises from carnivals, parades, fireworks and other activities which have been authorized by Council; 7) Specific exemptions of an activity upon application to the City with terms and conditions which may be imposed and for a fixed term not to exceed six (6) months. The City Solicitor advised that the purpose of the noise control by -law was not to eliminate or severely restrict all sounds, but to prohibit or regulate unwanted sounds, in order that residents and visitors could enjoy peace and quiet at the appropriate times. Discussion ensued with respect to revising the Time and Activities Prohibitions in the By -law, the use of decibel meters, acceptable noise levels, and the allocation of staff during off hours. Inspector Lorne Lillico, Niagara Regional Police advised members of Council of the procedures that are taken when dealing with noise complaints. Alderman Diodati vacated Council Chambers. May 31. 2004 Council Minutes Mr. Victor Harris, advised that he resides in a residential area, across from an industrial development. He indicated his concerns over truck backup warning devices and expressed the view that By -law enforcement officers should implement the decibel meter system. Ms. Martha Fleming, 4075 Kalar Road, expressed noise concerns from an establishment located on Thorold Stone Road and suggested that Commissionaires be requested to enforce the noise by -law. Ms. Cindy Skalding, 4063 Kalar Road, advised that the residents in the area had invested a large amount of money in their properties and were unable to enjoy their homes and backyards due to the noise levels from the bar establishments. Ms. Darlene Ingram, 4086 Kalar Road, expressed the inability to get a proper sleep, due to the noise levels from the bar establishments. Laurie Flasko, 8311 Vegter Crescent, commented that the bar establishments need to be good corporate citizens and respect the neighbours rights. Mr. Charles Burland, Beefeater, 4943 Clifton Hill requested further clarification on the exempted areas. Mr. Don Price, Green Avenue, expressed noise concerns from the bar patios and expressed the view that By -law Enforcement Officers should be accessible 24 hours a day, seven days a week, in order to enforce the noise by -law. The Director of Corporate Services advised that a staffing plan was being developed to deal with enforcement. Jim Prescott, 5941 Spring Street, advised that he resides approximately 200 metres from a bar and expressed concerns regarding the noise and loud music coming from that bar. Following the discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman Volpatti that the by -law be passed with the following amendments to Items 9, 10, and 11 indicating that the time periods between 11:00 p.m. to 7 a.m. be amended to indicate between the hours of 9:00 p.m. to 7:00 a.m. and further, that staff be allocated during the off -hours to enforce the by -law. Carried Unanimously. Following further discussion, it was ORDERED on the motion of Alderman Kerrio, seconded by Alderman Wing, that staff look into the issue of decibel meters. Carried Unanimously. Healthy Lawn Seminar Congestion on Victoria Avenue Room Levies in the Tourist Sector -7- Alderman Diodati returned to Council Chambers. May 31, 2004 Council Minutes MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS Various Topics Updates His Worship Mayor Salci provided updates and information on the following topics Cross- border meetings Mayor Salci advised of a Mayor's cross border meeting to be held on June 4, 2004 dealing with border issues. Casino issues /compensation Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that a letter be forwarded to the Ontario Lottery Gaming Commission demanding that the Agreement dealing with the attractor and the compensatory payment be dealt with forthwith. Carried Unanimously. Visiting medical students Mayor Salci advised that the City was the host to 10 medical students from the University of Ottawa who are attending Niagara Falls for the week. Mayor Salci advised that a Healthy Lawn Seminar was being held in conjunction with the Master Gardeners of Niagara and Greenline Equipment on June 12' and June 13", 2004 at the School of Horticulture. Mayor Salci advised that meetings had been held with the Region, regarding the congestion on Victoria Avenue and the ramp onto the Rainbow Bridge access. Mayor Salci referred to the very successful meeting held on May 28, 2004 dealing with the room levy in the tourist sector, with all the key players in attendance in trying to get the tourist sector on track to constitute the room levy. Staff Appreciation B.B.Q. Mayor Salci advised that he had hosted an appreciation B.B.Q. for City Hall staff on Friday, May 28 2004, with the proceeds going to PROJECT SHARE. It was moved by Alderman Diodati, seconded by Alderman Volpatti, that approval be granted to proceed past 11:00 p.m. Carried Unanimously.. COMMUNICATIONS May 31, 2004 Council Minutes Communication No. 76 Lundy's Lane B.I.A. Re: 2004 Budget. The communication requests that Council approve the Lundy's Lane B.I.A. 2004 Budget; and that Council approve the Lundy's Lane B.I.A. 2004 Board of Management Officers. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the requests be approved. Carried Unanimously. Communication No. 77 -Victoria-Centre B.I.A. Re: 2004 Budget. The communication requests that Council approve the Victoria- Centre B.I.A. 2004 Budget. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the requests be approved. Carried Unanimously. Communication No. 78 Cathy Sherk, Legends on the Niagara Re: LPGA event, known as the BMO Financial Group Canadian Women's Open the week of July 5th to 11 2004. The communication requests Council permission to use Cummington Square to house an information leader board from July 7 through July 11 2004 and to waive any costs that may be involved. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the requests be approved. Carried Unanimously. Communication No. 79 Inter Departmental Memorandum City CIeriRe: Providing Information on the Special Occasion Permits for Niagara Wine Food Classic the 2004 BMO Financial Group Canadian Women's Open. AND Communication No. 79a) Niagara Wine Food Classic. The communication requests that Council, through resolution, designate the Niagara Wine Food Classic on September 10 -12, 2004, as a "Community event" ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the requests be approved. Carried Unanimously, See Resolution No. 07 AND Communication No. 79b) Gourmet Cuisine Catering. The communication requests that Council, through resolution designate the 2004 BMO Financial Group Canadian Women's Open on July 5 to July 11 2004 as a "Community event ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the requests be approved. Carried Unanimously. See Resolution No. 08 -9- May 31. 2004 Council Minutes REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the actions taken in Community Services Committee, earlier this evening, be approved: 1. Adoption of the May 31, 2004 Community Services Committee minutes; 2. That the Committee authorizes staff to file the Dorchester Road Environmental Study Report for the Revised recommended preferred design Alderman Diodati opposed; 3. That a stop sign be installed at the intersection of Nassau Avenue and Southerland Court; 4. That the Committee award Tender #09 -2004 for the Renovations to Council Chambers to the low bidder Lancing Construction for Scheme A and that spectator seating be reviewed; 5. That the land exchange at 6260 Don Murie Street be approved Alderman Kerrio conflict; 6. That the City of Niagara Falls declare Part Block "A" Plan —67 as surplus lands and further, that staff be authorized to enter into negotiations with the adjacent land owners for the sale of these lands Alderman Kerrio conflict; 7. That the Committee support the removal of existing "No Parking Except by Permit Zone' sings and placement of painted bike lanes along River Road from Hiram Street to Leader Lane, furthermore, that a copy of this report be sent to the Niagara parks Commission for their approval Alderman Wing conflict; 8. That the request for financial assistance of Niagara Falls under 12 boys Soccer Team be denied; New Business 1. That staff prepare a report on turn movements to the Tim Horton's access on Drummond Road at Frederica Street. Carried CD- 2004 -12 Chief Administrative Officer Re: Committee Appointments 2004 -2006. The report recommends that Council vote on applicants to serve on various Committees, Boards and Commissions for the Council term (2004- 2006). -AND Communication No. 80 E -mail from Patti Gamble, Niagara District Airport. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the Director of Finance and the City Solicitor act as scrutineers for the Committee Appointments. Carried Unanimously. Trails Bikeways Committee Municipal Heritage Committee Through secret ballot, the following appointments were made: May 31, 2004 Council Minutes ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that Kim Alfred; John Anstruther; Martin Berzins; Clyde Carruthers; Vince Catone; Brian Cembalisty; Manoj Dilwaria; Rob Douglas; Joseph Feor; Glen Mercer; Judy Quagliariello; Bob Romanuk and Joe Talarico be appointed Citizen representatives to the Trails Bikeways Committee for the 2004 -2006 term. Carried Unanimously. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that Jane Embleton; Shirley Fisher; Peter Grampola; Margaret Mingle; Navin Shahani; Sharon Shearing and William Seibel be appointed Citizen representatives to the Municipal Heritage Committee for the 2004 -2006 term. Carried Unanimously. Parks in The City Committee That Frances Berry; Arlie DeGiuli; Paisley Janvary-Pool; Reg Jones; Irene Kotsch; John Kotsch; Janet Krowshuk; Patricia Mascarin and Eloise Schumacher be appointed Citizen Representatives to the Parks in the City Committee for the 2004 -2006 term. Recreation Committee That Paul Campigotto; Rob Deguili; Enzo Della Marca; Darryl Hudson; Donald Jackson; Paisley Janvary-Pool; Reg Jones; Patricia Mascarin; Glen Mercer; Rich Merlino; Joe Talarico; Mangat (Mike) Verma and Mick Wolfe, be appointed Citizen representatives to the Recreation Committee for the 2004 -2006 term. Committee of Adiustment That Chuck Antonio; Mark Cahill; Jack Collinson; Ted Mangoff and Guy Prata be appointed Citizen representatives to the Committee of Adjustment for the 2004 -2006 term. Parking Traffic Committee That Sam Larosa; Larry Oates and Dennis Savriga be appointed Citizen representatives to the Parking Traffic Committee for the 2004 -2006 term. Property Standards Committee That John Anstruther; Dino Fazio; Sam LaRosa and Anton (Tony) Nielsen be appointed Citizen representatives to the Property Standards Committee for the 2004 -2006 term. Niagara Falls Library Board That Isabelle Bald; Carman Dix; Nancy Eidt; Dino Fazio; Shirley Fisher; Blake McIntyre; Brenda (Renni) Piscitelli and Guy Prata be appointed Citizen representatives to the Niagara Falls Library Board for the 2004 -2006 term. Niagara District Airport Commission That Gus Koroneos and Brian Olsen be appointed Citizen representatives to the Niagara District Airport Commission for the 2004 -2006 term. Board of Museums That Elizabeth Allen; Bob Collier; Margaret Dunn; Dino Fazio; Shirley Fisher; John Harkness; Marie Henry; Donald Jackson; Peter McKenna and Gordon West be appointed Citizen representatives to the Board of Museums for the 2004 -2006 temi. Court of Revision That Louis Grigoroff; Edward Kearns and Rudy Mascarin be appointed Citizen representatives to the Court of Revision for the 2004 -2006 term. Arts Culture Commission That Karen Akalu; Barbara Buetter; Jane Embleton; John Harkness; Winston Heron; Philomena McCracken; Colleen E. McLaughlin; Mark Matthews; Rick Rose; George Vallo; Patti Wallington and John Watson were acclaimed as Citizen representatives to the Arts Culture Commission for the 2004 -2006 term. Fence Viewers That Louis Grigoroff; Jacob (Jake) Hiebert and Rudy Mascarin were acclaimed as Citizen representatives to the Fence Viewers Committee for the 2004 -2006 term. May 31, 2004 Council Minutes ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the decisions be endorsed and the ballots be destroyed. Carried Unanimously. F- 2004 -36 Chief Administrative Officer 2004 Debenture Issue. The report recommends that Council pass a resolution requesting The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts as set out in the schedule attached to the report. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Campbell, that the report be received and adopted. Carried Unanimously. See Resolution No. 09 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 Volpatti, seconded by Alderman Kerrio, that the report on the Consent Agenda be approved. 1. F- 2004 -33, 2004 Property Tax Rates that Council approve the 2004 Property Tax Rate; -12- May 31. 2004 Council Minutes 2. F- 2004 -34, Final Tax Notice Due Dates for Residential, Pipeline, Farmland and Managed Forest Assessment Classes that June 30 and September 15 be approved as the 2004 Final Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes; 3. F- 2004 -37, Financing of Owner's Share of Local Improvements that a rate of 4.75% be applied to the portion of the cost of local improvements that have been paid by property owners and are thus being financed by the City; 4. FS- 2004 -11, Fire Prevention Public Education Van that council approve entering into an agreement for the joint ownership of a Fire Prevention Public Education Van (Sparky One). This vehicle would be shared among partnering Fire Departments within the Region; 5. FS- 2004 -12, Vincor Parking Release and Indemnity Combat Challenge 2004 that Council authorize the Mayor and the City Clerk to execute with Vincor International Inc. a Release and Indemnity to allow Combat Challenge participants to park in the Vincor parking lot on Dorchester Road during the Niagara Falls Combat Challenge competition; 6. FS- 2004 -13, Agreement with the Regional Municipality of Niagara Temporary Training Site for Niagara Falls Fire Services; Water Tower, 6242 Lundy's Lane that Council authorize a release to The Regional Municipality of Niagara to permit Niagara Falls Fire Services to temporarily use the property and water tower on Lundy's Lane for the training of its firefighters; 7. L- 2004 -20, Renewal of Encroachment Agreement for the placement of a sign and part of building located at 5581 Murray Street with Rainbow Motor Court of Niagara Falls Limited; 8. MW- 2004 -94, Tender #14 -2003 New Equipment Purchase that the New Equipment Tender for the purchase of One (1) Latest Model Four -Wheel Drive Tractor be awarded to the following bidder Green Line Equipment, St. Catharines, Ontario in the amount of $68,997.70; 9. PD- 2004 -45, Site Plan Control Policy; Proposed Change in the amount of Site Plan Deposits Collected that Council cap the limit of required site plan deposits to $200,000 plus 25% of the value of site works above $200,000; 10. R- 2004 -32, Coat of Arms that the proposals put forth in Mr. Tidd's letter be endorsed; 11. R- 2004 -33, Summer Ice Schedule that the schedule for the use of Summer Ice Hours at the Jack Bell arena be approved by City Council. Carried Unanimously RESOLUTIONS NO. 06 WING MOROCCO THEREFORE BE IT RESOLVED that the Provincial Government be petitioned to introduce legislation that will afford access, prevent discrimination and provide protection to individuals that require service dogs. AND The Seal of the Corporation be hereto affixed. Carried Unanimously NO. 07 VOLPATTI KERRIO THEREFORE BE IT RESOLVED that the Niagara Food Wine Classic is a significant event that is deserving of City Council support. AND The Seal of the Corporation be hereto affixed. Carried Unanimously -13- Mav 31, 2004 Council Minutes NO. 08 VOLPATTI KERRIO THEREFORE BE IT RESOLVED that the 2004 BMO Financial Group Canadian Women's Open is deserving of City Council support as a significant event. AND The Seal of the Corporation be hereto affixed. Carried Unanimously NO. 09 KERRIO CAMPBELL RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed: Capital Capital Project Financing Retirement Account No. Description Request Term 12 -3- 310000 030000 Municipal Works Casino Roads $2,700,000 10 years Project #R23 12 -3- 330000 030000 Transit Purchase of Coaches Project #T1 22 -3- 740000 030000 Library New Branch Materials Project #L -2 12- 3- 210000- 030000 Fire Station #1 Renovations New Project $3,830,000 AND the Seal of the Corporation be hereto affixed. Carried Unanimously 300,000 10 years 130,000 10 years 700,000 10 years NO. -10 IOANNONI MOROCCO RESOLVED THAT the Privacy Protocol for Personal Information Records (PIR) be amended by adding the following at the end of page 2: "Measures to prevent unauthorized access to PIR Subsection 3(1) of Regulation 823 states: 3. (1) Every head shall ensure that reasonable measures to prevent unauthorized access to the records in his or her institution are defined, documented and put in place, taking into account the nature of the records to be protected. the head of each department is responsible for ensuring that reasonable measures for the security of PIR are in place and that staff is made aware of these measures." and the amended Privacy Protocol for Personal Information Records (PIR) as attached to this Resolution be adopted. AND the Seal of the Corporation be hereto affixed. Carried Unanimously BY -LAWS His Worship Mayor Salci requested whether there was anyone present that had any concerns as to the closing of street ends and a road allowance along the Welland River in Chippawa regarding By -law 2004 -98. His Worship Mayor Salci received a negative response. His Worship Mayor Salci requested whetherthere was anyone present that had any concerns as to the closing of part of a road allowance on Reference Plan 59R -4039, regarding By -law No. 2004 -99. His Worship Mayor Salci received a negative response. ORDERED on the motion of Alderman Morocco, seconded by Alderman loannoni, that leave be granted to introduce the By -laws and the By -laws be read a first time: 2004 -98 2004 -99 2004 -100 ORDERED By -laws be 2004 -98 2004 -99 2004 -100 May 31, 2004 Council Minutes A by -law to permanently close part of a highway. (Re: Closing of street ends and a road allowance along the Welland River in Chippawa) A by -law to permanently close part of a highway. (Re: Closing part of a road allowance on Reference Plan 59R -4039) 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. 2004 -101 A by -law to impose special rates to provide for the payment of the owner's portion of the cost of certain local improvements. 2004 -102 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, Limited Parking, Stop Signs at Intersections, Standing Prohibited, Loading Zones) 2004 -103 A by -law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking. 2004 -104 A by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2004. 2004 -105 A by -law to prohibit and regulate noise in the City of Niagara Falls (*as amended). 2004 -106 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 31 day of May, 2004. Carried on the motion of Alderman Morocco, seconded by Alderman Diodati, that the now read a second and third time: A by -law to permanently close part of a highway. (Re: Closing of street ends and a road allowance along the Welland River in Chippawa) A by -law to permanently close part of a highway. (Re: Closing part of a road allowance on Reference Plan 59R -4039) 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. 2004 -101 A by -law to impose special rates to provide for the payment of the owner's portion of the cost of certain local improvements. 2004 -102 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, Limited Parking, Stop Signs at Intersections, Standing Prohibited, Loading Zones) 2004 -103 A by -law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking. 2004 -104 A by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2004. 2004 -105 A by -law to prohibit and regulate noise in the City of Niagara Falls *as amended). 2004 -106 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 31" day of May, 2004. Carried Council Meetings Startup Time Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that the Council meetings commence at 7:00 p.m. The motion Carried with Alderman Campbell voting contrary to the motion. Special Council Meeting His Worship Mayor Salci advised that the Special Council meeting scheduled for June 23r 2004 to hear the Hilton application, should be rescheduled, as many of the Aldermen would not be available at that time. He suggested that the meeting be rescheduled to July, 2004 ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the Special Council Meeting scheduled for June 23r 2004 to hear the Hilton application be cancelled in order to allow staff and the Hilton applicant to come up with an appropriate date in consideration of getting feedback on Section 37 Guidelines within the next two (2) week. The motion Carried with Alderman Kerrio abstaining from the vote on a conflict of interest. Ontario Budget Alderman Wayne Campbell referred to the recent Ontario Budget and the sharing of the Provincial gas tax for public transit, infrastructure and requested how this new deal would impact our community. He was advised by the Mayor that staff have been directed to investigate these matters and to deal with them. Boys Girls Club Golf Tournament -15- NEW BUSINESS Alderman Jim Diodati informed that the Niagara Falls Boys Girls Club would be holding their golf tournament on July 10, 2004 taking place during the Women's LPGA tournament at Legends Golf Club. May 31, 2004 Council Minutes Study on Overpass Alderman Carolynn loannoni expressed concerns on behalf of the residents abutting the rail line on Morrison /Drummond /Portage and requested the status on a study for an overpass. She was advised by the Director of Municipal Works that terms of reference will be prepared and that the study would take a number of months. Canada Customs "Work to Rule" Alderman Vince Kerrio requested further information on whether the Canada Customs Officers were still in a "work to rule" mode and expressed his opinion on the matter. City Policy regarding e-mail Alderman Carolynn loannoni questioned whether there was a City policy regarding voting, polling, making a motion and seconding the motion via email. The City Clerk provided clarification on the matter. Sample of New Tax Bill The Director of Finance commented on the features of the new tax bill. Following the demonstration, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the sample tax bill be received and filed. Carried Unanimously. ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, DEAN IORFI,DA, QITY CLERK -16- Mav 31, 2004 Council Minutes R. T. (TED) SALCI, MAYOR