2004/12/13TWENTY -FIFTH MEETING
COUNCIL MEETING
Council Chambers
December 13, 2004
Council met on Monday, December 13, 2004 at 4:00 p.m to hear an appeal under
section 20 of the Development Charges Act. Following the hearing, Council convened at
5:30 p.m. to conduct Regular Business matters. All members of Council were present.
Alderman Selina Volpatti provided the Opening Prayer.
DISCLOSURES OF PECUNIARY INTEREST
Alderman Kerrio indicated a pecuniary interest on Report PD- 2004 -118, because
he owns property on Fallsview Boulevard.
COMMUNICATIONS
Communication No. 233 FXWORX Inc. Re: Fireworks Display. The communication
requests Council's permission to hold a public fireworks display on December 31, 2004 at
the Skylon Tower on New Year's Eve.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the
request be approved to subject policy. Carried Unanimously.
REPORTS
CD- 2004 -26 Chief Administrative Officer Re: Revised Council Schedule for 2005.
The report recommends that Council pass the by -law appearing on tonight's agenda
adopting the attached schedule for 2005.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that the
report be received and adopted. Carried Unanimously.
See By -law No. 2004 -227
MW- 2004 -184 Chief Administrative Officer Re: Canada Ontario Municipal Rural
Infrastructure Fund (COMRIF), Application for Funding Resolution. The report
recommends that the attached resolution be adopted.
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Wing, that the
report be received and adopted. Carried Unanimously.
NO. 21 PIETRANGELO WING THEREFORE BE IT RESOLVED THAT the Bridge
Street Sewer Separation and Watermain Replacement Project is the highest infrastructure
renewal priority within the City of Niagara Falls. And The Seal of the Corporation be hereto
affixed. Carried Unanimously.
PD- 2004 -118 Chief Administrative Officer Re: Victoria Avenue BIA/Official Plan
Amendment/Grand Boulevard. The report recommends that Council endorse this report
which outlines the steps to be taken and timelines for the processing of the proposed
Official Plan amendment application submitted by the Victoria Avenue BIA.
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the
report be received and adopted. The motion Carried with Alderman Kerrio declaring a
conflict of interest.
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December 13, 2004 Council Minutes
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 Pietrangelo, that
the recommendations contained in the reports on the consent agenda be approved.
1. BBS- 2004 -10, Indexing of Permit Fees 2005 that this report be received for the
information of Council;
2. MW- 2004 -183, Equipment Software Purchase; Water Department Valve
Turning Program that the purchase of a Trailer Mounted Valve Operator
complete with Data Transfer Capabilities be awarded to Wachs Canada Ltd., in the
amount of $48,093 including taxes;
3. MW- 2004 -185, Fuel Tender that the purchase of fuel be awarded to Wright Fuels
Niagara Inc., of St. Catharines as outlined in the Niagara Public Purchasing
Committee Tender issued by the Regional Municipality of Niagara.
Carried Unanimously.
Appeal under Section 20 Development Charges Act
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the
following actions taken at the Appeal under Section 20 Development Charges Act Hearing
earlier this evening, be ratified by Council.
1. That Council dismiss the complaint submitted under Section 20 of the Development
Charges Act;
2. That the matter be referred to staff to come up with an acceptable method to
determine development charges for air supported structures and that Niagara
Sportsplex Inc. provide a Letter of Credit for the full amount of development
charges, prior to issuance of the building permit.
Carried Unanimously.
RATIFICATION OF IN CAMERA ACTIONS
The City Solicitor provided a brief summary of his discussions to Council in an "In
Camera" session earlier this evening, whereby the City had been served with Application
in the Superior Court of Justice by Mr. Larry Savage's request for a compliance audit made
by him at the Council meeting on June 14, 2004, pursuant to the Elections Act 1996.
ORDERED on the motion of Alderman loannoni, seconded by Alderman Kerrio, for further
clarification, Council rejects the request for a compliance audit by Mr. Larry Savage made
by him at the Council meeting on June 14, 2004, pursuant to the Municipal Elections Act
1996. The motion Carried with Aldermen Morocco and Wing voting contrary to the motion
and with all others voting in favour.
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MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS
His Worship Mayor Salci acknowledged the efforts and contributions made by
Alderman Jim Diodati and all those that had participated in a very successful 100 birthday
celebration held on December 11 2004.
Mayor Salci expressed his appreciation to members of staff for all their efforts and
contributions during the past year and wished members of Council, staff and the
community a very merry Christmas and a safe and happy holiday season.
BY -LAWS
December 13. 2004 Council Minutes
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that
leave be granted to introduce the By -laws and the By -laws be now read a first time:
2004 -227 A by -law to amend By -law 89 -155 and adopt a Schedule of Meetings.
2004 -228 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads (Parking Prohibited)
2004 -229 A by -law to amend By -law No. 79 -200, to permit a residential plan of
subdivision east of Kalar Road, northwest of the CN railway line and
southwest of the proposed Highway 420 extension.
2004 -230 A by -law to amend By -law No. 79 -200, to permit a residential plan of
subdivision on the east side of Garner Road, north of McGarry Drive.
2004 -231 A by -law to authorize the execution of an Encroachment Agreement with
Niagara Union Property Development respecting a Condominium Agreement
on Drummond Road.
2004 -232 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 13 day of December, 2004.
Carried
ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati, that
the By -laws be now read a second and third time:
2004 -227 A by -law to amend By -law 89 -155 and adopt a Schedule of Meetings.
2004 -228 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads (Parking Prohibited)
2004 -229 A by -law to amend By -law No. 79 -200, to permit a residential plan of
subdivision east of Kalar Road, northwest of the CN railway line and
southwest of the proposed Highway 420 extension.
2004 -230 A by -law to amend By -law No. 79 -200, to permit a residential plan of
subdivision on the east side of Garner Road, north of McGarry Drive.
2004 -231 A by -law to authorize the execution of an Encroachment Agreement with
Niagara Union Property Development respecting a Condominium Agreement
on Drummond Road.
2004 -232 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 13"' day of December, 2004.
Carried
Blue Light in the Window
Alderman Jim Diodati requested that the community place a blue light in their
windows or in their Christmas lights, in support of the law enforcement officers and those
who continue to serve to keep our community safe.
100"' Birthday Celebrations
Alderman Jim Di odati advised that a full report on the City's 100 th birthday
celebrations would be provided to Council in the new year.
READ AND ADOPTED,
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NEW BUSINESS
December 13, 2004 Council Minutes
ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the
meeting be adjourned. Carried Unanimously.
DEAN IORF A, CITY CLERK R. T. (TED) SALCI, MAYOR