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2005/02/14Committee Room #2 February 14, 2005 Council met on Monday, February 14 at 5:00 p.m. in an In Camera Session. All members of Council were present. Alderman loannoni presided as Chair until excusing herself due to a conflict. The Chair was passed to Alderman Pietrangelo. Alderman Campbell was also absent on one item due to a conflict. Following consideration of the items presented, the In Camera Session rose to report in open session. READ AND ADOPTED, DEAN IOR A, Girl Guides of Canada THIRD MEETING IN CAMERA SESSION TY CLERK R. T. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Council met on Monday, February 14, 2005 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council were present. Alderman Victor Pietrangelo offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the Minutes of the January 31, 2005 Council meeting be adopted as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman loannoni indicated a conflict of interest on Cheque Nos. 289895 and 290023 because a member of her family has a conflict with the Humane Society. Alderman Wing indicated a conflict of interest on Report MW- 2005 -15 and By -Law 2005 -24 because she owns property with a Niagara Parks Commission employee. DEPUTATIONS /PRESENTATIONS Council Chambers February 14, 2005 His Worship Mayor Salci welcomed Ms. Laura Hockton and members of the Niagara Frontier Girl Guides. The Girl Guides are celebrating 95 years of Guiding in Canada. Complimentary Girl Guide cookies were distributed to Council and Staff. ORDERED on the motion of Alderman loannoni, seconded by Alderman Morocco, that the week of February 20 -26, 2005 be proclaimed as "Guide /Scout Week". Carried Unanimously -2- February 14, 2005 Council Minutes Mayor & Council's Chili Cook -Off Mayor Salci spoke to the success of the recent Mayor and Council's First Annual Chili Cook -off and presented certificates to three teams who donated their time and services. The winning chef was John Tennier's team from Legends of Niagara. REQUEST FOR EXEMPTION UNDER THE CITY'S ANIMAL CONTROL BY -LAW Report CD- 2005 -01 - Request for Exemption Under the City's Animal Control By -law (2002 -129), 5781 Ellen Avenue, Greg Frewin Theatre. Mr. Art Frewin, of Art Frewin Productions Inc., addressed Council and outlined the type of entertainment that he would be providing at the Greg Frewin Theatre and the safety measures that would be in place. Following discussion, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, that Council approve the request for an exemption by adding 5781 Ellen Avenue to Schedule "E3" of By -law 2002 -129 (Animal Control By -law); that the Humane Society be permitted the opportunity to inspect the premises; and that the exemption is reviewed by staff after a year. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS His Worship Mayor Salci advised that letters of condolence will be forwarded to the families of John Cank, Bob McAdorey and Peter McGarry. Mayor Salci offered congratulation to the Vibe Junior Synchronized Skating Team who won the Gold Medal at the World Championships in Milan. Mayor Salci displayed for Council, the award the City received from the Business Education Council for its contribution to YourNiagara.ca which assists residents in the Region to easily access information on a wide range of services. A Community Policing Forum will be held on February 23, 2005 at the Town Hall in Chippawa. The Mayor commended the community for their efforts at keeping their community safe. Mayor Salci asked the Manager of Finance to clarify an omission that some residents had noticed on their 2005 Interim Bills. A computer irregularity resulted in only one owner's name being printed on the bill. The problem has been identified and it has no impact on the ownership records. It is anticipated that the June 2005 Final Tax Bill will have all of the names printed. REPORTS Report CD- 2005 -02 - Proposed Elected Officials Immunity Act - ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that Report CD- 2005 -02 be received and filed. The motion Carried with Alderman loannoni and Alderman Wing voting contrary. Report R- 2005 -12 - Armoury Proposals - ORDERED on the motion of Alderman Wing, seconded by Alderman Volpatti, that Report R- 2005 -12 - Armoury Proposals, be received for information. Further, that the Armoury Ad Hoc Committee expand its mandate to include considering the vacancies which will arise in the Core building as tenants are moved. The Ad Hoc Committee would attempt to accommodate as many of the organizations of the proposals as possible. The motion Carried with Alderman Campbell declaring a conflict as his home is in close proximity to the Armoury. -3- February 14, 2005 Council Minutes RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the actions taken in Community Services Committee, earlier this evening, be approved: 1. That the minutes of the January 31, 2005 meeting be approved. 2. That Niagara 21st Group be requested to test emissions, install landscape strips as per original site plans and that they control bus idling at the Ailanthus Avenue parking lot. Also, the response from the Ministry of the Environment and Regional Public Health regarding Ailanthus Avenue parking lot be forward to Committee once received. 3. That the letter from Sullivan Mahoney for the Stanley Avenue and Main Street alignment be received and filed. 4. That Committee recommend the approval of the sign by -law variance for Cupolo's Sports. 5. That the City of Niagara Falls enter into a Consulting Services Agreement with Delcan Corporation for the design of new storm sewers, sanitary sewer, watermains and road on Park Street. 6. That the Sir Adam Beck III - Hydro Electric Project Update be received and filed. 7. That the City replace the watermain in Queen Victoria Park in conjunction with the Niagara Parks Commission Storm Sewer Replacement. Carried Unanimously RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that the actions taken in Corporate Services Committee, earlier this evening, be approved: 1. That the minutes of the January 17, 2005 meeting be adopted as recorded. 2. That Report F- 2005 -09 Major Receivables Quarterly Report be received for information. 3. That the Summary of Proposed Reductions totalling $1,500,000 be included in the 2005 General Purposes Budget. 4. That Consultant fees for Rural drainage works be increased by up to $25,000 to expedite the works. 5. That Parks, Recreation and Culture Staff review and provide reductions in their 2005 General Purpose and 2005 Capital Project budgets. 6. That the motion to approve $110,000 for Station #4, improvements to Chippawa community hall facilities, be deferred to the next budget meeting. 7. That the 2005 Municipal Utility Budget be approved. Carried Unanimously -4- COMMUNICATIONS February 14. 2005 Council Minutes ORDERED on the motion of Alderman Campbell, seconded by Alderman Kerrio, that the request from Heart Niagara for sponsorship of $1,000 and in -kind services for the Vineyard Cycle Tour be referred to staff. 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 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 loannoni, that the recommendations contained in each of the reports on the consent agenda be approved. F- 2005 -07 - Community Reinvestment Fund -That Council accepts the 2005 Community Reinvestment Fund allocation in accordance with the terms and conditions from the Province of Ontario. F- 2005 -08 - Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 - That the cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the property owners listed. F- 2005 -10 - Municipal Accounts - That Council approve the municipal accounts totaling $10,330,552.38 for the period January 6, 2005 to January 25, 2005. L- 2005 -10 - Termination of Option Agreement between Metrus Properties Limited and The Corporation of the City of Niagara Falls - Our File No. 2004 -130 - That Council consents to and authorizes the execution of a Termination Agreement with respect to an Option Agreement dated November 1, 2000 between Metrus Properties Limited ( "Metrus ") and The Corporation of the City of Niagara Falls ( "City "), ( "Option Agreement ") concerning lands owned by the City located on the Montrose Business Park ("subject lands "). PD- 2005 -10 - Matters Arising from the Municipal Heritage Committee - That Council endorse the proclamation of the week of February 21 to February 27, 2005 as Heritage Week in the City of Niagara Falls. PD- 2005 -11, Request for Removal of Part Lot Control Portions of Lots 328, 329 & 330, Registered Plan 40, 6272 - 6286 Ash Street, Owner: Mountainview Homes - (1) that Council approve the request and pass the by -law included in tonight's agenda to designate portions of Lots 328, 329 & 330, Registered Plan 40, described as Parts 1 to 5 (inclusive), Reference Plan 59R- 12654, as exempt from Part Lot Control; (2) that the applicant be required to notify the City when the separate deeds have been registered; and (3) that Council authorize staff to enter into any required agreements and execute any related documents regarding the transfer of an easement to the City over Part 5, Reference Plan 59R -12654 (and abutting land to the east) for storm sewer maintenance. R- 2005 -11- Revised Municipal Alcohol Risk Management Policy - (a) That City Council approve the attached revised Municipal Alcohol Risk Management Policy; and (b) that the approval for Special Occasions Permits on municipal property be done by staff as per Council policy. Carried Unanimously RATIFICATION OF IN CAMERA ACTIONS - February 14, 2005 Council Minutes ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the actions taken in the In Camera Session be approved: 1. That the proposed Offer to Purchase of the Niagara Falls Armoury, submitted by Public Works Canada, to the City, for execution, be rejected and that the Offer to Purchase be referred to the City Solicitor to draft another Offer to Purchase and submit same to Committee -of- the - Whole, for its consideration; 2. And further that the City Solicitor submit a Report setting out the potential environmental liability which the City might have if it purchases the Niagara Falls Armoury. The motion Carried with Alderman Campbell declaring a conflict as his home is in close proximity to the Armoury. BY - LAWS Solicitor Italia Gilbert' requested that Council amend the wording of By -law 2005 -26. Following discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni to amend By -law 2005 -26. The motion Carried with Alderman Wing opposed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that leave be granted to introduce the By -laws and the By -laws be now read a first time: 2005 - 21 A by -law to permanently close part of a highway 2005 - 22 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 2005 - 23 A by -law to establish Part 4 on Reference Plan 59R -12586 as a public highway, to be known as and to form part of Lyon's Creek Road. 2005 - 24 A by -law to authorize the execution of an Extension of Lease Agreement with The Niagara Parks Commission respecting the extension of the Lease dated December 15, 1998, of the premises known as the Willoughby Historical Museum. 2005 - 25 A by -law to designate portions of Lots 328, 329 & 330 on Registered Plan No. 40 not to be subject to part lot control. 2005 - 26 A by -law to repeal By -law No. 2003 -181 and to amend By -law Nos. 79 -200 and 99 -104, to permit the construction of a 30- storey hotel in addition to the existing 10- storey hotel on land at the intersection of Ferry Street and Victoria Avenue through to Clark Avenue 2005 - 27 A by -law to authorize the payment of $10,330.552.38 for General Purposes. 2005 - 28 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14' day of February, 2005. The motion Carried with Aldermen Wing indicating opposition to By -law No. 2005 -26. -6- February 14. 2005 Council Minutes ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the By -laws be now read a second and third time: 2005 -21 A by -law to permanently close part of a highway 2005 -22 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 2005 -23 A by -law to establish Part 4 on Reference Plan 59R -12586 as a public highway, to be known as and to form part of Lyon's Creek Road. 2005 -24 A by -law to authorize the execution of an Extension of Lease Agreement with The Niagara Parks Commission respecting the extension of the Lease dated December 15, 1998, of the premises known as the Willoughby Historical Museum. 2005 -25 A by -law to designate portions of Lots 328, 329 & 330 on Registered Plan No. 40 not to be subject to part lot control. 2005 -26 A by -law to repeal By -law No. 2003 -181 and to amend By -law Nos. 79 -200 and 99 -104, to permit the construction of a 30- storey hotel in addition to the existing 10- storey hotel on land at the intersection of Ferry Street and Victoria Avenue through to Clark Avenue 2005 -27 A by -law to authorize the payment of $10,330.552.38 for General Purposes. 2005 -28 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14 day of February, 2005. The motion Carried with Aldermen Wing indicating opposition to By -law No. 2005 -26. Women's Place Bowling Tournament NEW BUSINESS ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, that the City of Niagara Falls register a team for the Women's Place Bowling Tournament. Carried Unanimously Chamber of Commerce Update Alderman loannoni reminded Council that Premier McGuinty will be guest of honour at the Chamber of Commerce's Outstanding Business Achievements Awards on February 24, 2005. Naming of Parks/ Recreational Facilities ORDERED on the motion of Alderman Diodati, seconded by Alderman Kerrio, that staff investigate naming a recreation facility in honour of former Alderman Hendershot and former Mayor Robert Keighan. Carried Unanimously Local Gas Prices ORDERED on the motion of Alderman Diodati, seconded by Alderman Wing, that high gas pricing in Niagara Falls be referred to the Canadian Competition Bureau for investigation. Carried Unanimously Provincial Downloading ORDERED on the motion of Alderman Morocco, seconded by Alderman loannoni, that a letter be directed through our Member of Provincial Parliament to the current liberal government asking that downloading to the municipalities be reviewed and corrected. Carried Unanimously Casino Improvements ORDERED on the motion of Alderman Morocco, seconded by Alderman Diodati, that our Member of Provincial Parliament investigate further improvements that will be coming to both Niagara casinos. Carried Unanimously * • x • x ORDERED on the motion of Alderman Campbell, seconded by Alderman Morocco, that the meeting be adjourned at 9:30 p.m. Carried Unanimously. READ AND ADOPTED, 1)0- CL- -7- February 14, 2005 Council Minutes DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR