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2005/08/08FIFTEENTH MEETING IN CAMERA SESSION Council met on Monday, August 8, 2005 at 6:30 p.m. in an In Camera Session. All members of Council, with the exception of Mayor Ted Salci, were present. Alderman Jim Diodati presided as Chairman. Committee did not rise to report. GNGH Foundation REGULAR COUNCIL MEETING Council met on Monday, August 8, 2005 at 7:15 p.m. for the purpose of considering Regular Business matters. All members of Council, with the exception of Mayor Ted Salci, were present. Alderman Morocco offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the Minutes of July 25, 2005 be approved as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Wing to cheque no. 294483 because she owns property with a Niagara Parks Commission employee. Alderman Pietrangelo to cheque no. 294473 which was made payable to his employer, Niagara District Catholic School Board. Alderman Morocco to cheques no. 293984, 293985 and 294142 which were made payable to her spouse. DEPUTATIONS/ PRESENTATIONS John Byers of the Greater Niagara General Hospital Foundation made a presentation on the Greater Niagara General Hospital. They requested that the Council make an additional commitment to the hospital of $100,000 annually for the next 10 years. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that the request be referred to the 2006 budget deliberations. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Committee Room #2 August 8, 2005 Council Chambers August 8, 2005 The Acting Mayor passed on condolences to Ian Heyward, City employee, on the passing of his brother, Ron. The Acting Mayor also noted the passing of Mrs. Betty Collucci, mother of City employee John Jr. and wife of former firefighter John Sr. 2 August 8, 2005 The Acting Mayor noted the recent opening of the Thundering Waters golf course. In addition, a golf cart run raised money for the Boys Girls Club. In addition, the Acting Mayor noted the upcoming Terry Fox BBQ, to kick start the annual campaign, to be held at City Hall. The Acting Mayor also gave recognition to City employees Cathy Slee and Terry Chambers who assisted when a resident, Kathleen Zedlar, collapsed at City Hall. Ms. Zedlar subsequently passed on but her family were grateful to the efforts of City staff. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Big Brothers Big Sisters Association Inc. Re: Flag Raising and Proclamation requesting that the month of September be declared "Big Brothers Big Sisters" month and that the organization's flag be flown in front of City Hall in the month of September. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo that the request be approved. Carried Unanimously 2. The Royal Canadian Legion Niagara Falls (Ont. No. 51 Branch) Re: Flag Raising and Proclamation requesting that the week of September 18 to 24 be proclaimed "Legion Week" and that a flag raising be held in front of City Hall on Monday, September 19 2005 at 10:00 a.m. RECOMMENDATION: For the approval of Council. ORDERED on the motion of Alderman Wing, seconded by Alderman Diodati that the request be approved. Carried Unanimously. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that the actions taken in Community Services Committee, earlier this evening be approved: 1) That the minutes of the July 25, 2005 meeting be approved as amended. 2) That the Environmental Study Report for the Grassy Brook Sanitary Servicing Review Municipal Class EA be received and approved and further that staff be direct to file the Environmental Study Report and advertise the Notice of Study Completion in accordance with the requirements of the EA process. 3) That staff be directed to invite proposals for the completion of the engineering design of the stormwater management and lot grading, waterworks, sanitary sewers and roadways for the Montrose Road Business Park. 4) That Staff meet with residents as soon as possible regarding parking problems on Sinnicks Avenue. 5) That the V Studio be hired to prepare a Strategic Implementation Plan for the Downtown Community Improvement Plan Area. 6) That Staff prepare a report regarding drainage concerns being experienced by Mr. Murchie. 3 August 8, 2005 7) That Staff prepare a report on the horse and carriage rides. 8) That the City approach Kim Craitor MPP to have the grass cut along Highway 420. 9) That Staff prepare a report on a re- design of the welcome sign on the QEW at Mountain Road. 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 May 30 meeting be adopted as recorded. 2. That the final property tax bills for the Commercial, Industrial and Multi- Residential Assessment classes have due dates of August 31 and October 19, 2005 and that the changes made by the Province to the Education Rate for the Industrial Class be approved. 3. That the Major Receivables Quarterly Report be received for information. 4. That a grant in the amount of $46,448.16 be approved for the Women's Place of South Niagara. 5. The minutes for a closed session will consist of the time and place of the meeting, those in attendance, the presiding officer and the direction given. Staff will work out a procedure to bring these minutes to Council in an expeditious manner. 6. That the due date for the second installment of the property tax billings be scheduled at the end of the month instead of the third Wednesday for 2006. 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. F- 2005 -36, Municipal Accounts; the report recommends approval of the municipal accounts totalling $7,516,199.15 for the period July 6, 2005 to July 26, 2005. MW 2005 97, Tender 2005 105 01, Rolling Acres Crescent and QEW Storm Sewer Improvements; the report the low tenderer, Hard -Rock Construction Inc., be accepted and that Delcan Corporation be retained to provide inspection and contract administration on this project. MW- 2005 -103, Tender T10-2005, Roof Replacement Niagara Falls City Hall; the report recommends that the unit price of $204,990.60 submitted by the low tenderer, Flynn Canada, be accepted. PD- 2005 -58, Matters Arising from Municipal Heritage Committee; the report recommends that two Designated Property Grants for 6145 Corwin Avenue and 4325 Bampfield Street. R- 2005 -41, Arena Development Committee Terms of Reference; the report recommends that the terms of reference be approved. 4 August 8, 2005 ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni that the recommendations in the Consent Agenda be approved and report R- 2005 -38, Status of the Indoor Soccer Project as part of the Kalar Road Sports Park be removed from the Consent Agenda. Carried Unanimously. R- 2005 -38, Status of Indoor Soccer Project as part of the Kalar Road Sports Park; the report is for the information of Council. Thomas Barlow, Fasken Martineau, on behalf of Copperlen indicated that he did not feel the report reflected the true state of affairs; he wanted to see renewed commitment by staff to fulfill the project and called on Council's assistance. Mr. Barlow gave his opinion that because of Copperlen's track record it was unnecessary to reveal their business plan for confidentiality reasons. He said his client was prepared to make the project work. The Director of Parks, Recreation and Culture explained that the City is not in competition with Copperlen and as the landlord of the property should know if the project is viable. David Schramm, consultant for the City, outlined the memorandum of understanding and various dates that had been set and not met by the proponent. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni that Copperlen be granted an extension until December 5 and in the interim Council be updated with regular reports. Carried Unanimously. 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: 2005 -127 2005 -128 2005 -130 2005 -131 2005 -132 BY -LAWS A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs, Stopping Prohibitions) (Beaverdams Road, Huron Ontario, Brown Garner); A by -law to amend by -law 2005 -92 being a by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2005. 2005 -129 A by -law to authorize the payment of $7,516,199.15 for General Purposes. 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. A by -law to amend By -law No. 79 -200, to permit townhouse dwellings. A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8 day of August, 2005. Carried Unanimously ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Diodati that the by -laws be read a second and third time and passed: 2005 -127 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs, Stopping Prohibitions) (Beaverdams Road, Huron Ontario, Brown Garner); 2005 -128 2005 -129 A by -law to authorize the payment of $7,516,199.15 for General Purposes. 2005 -130 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 -131 A by -law to amend By -law No. 79 -200, to permit townhouse dwellings. 2005 -132 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8 day of August, 2005. Welland River Alderman loannoni indicated that in light of the drowning of Jeremy Furlotte a fundraiser had occurred which raised money for four lifesaving devices. The City Solicitor indicated that she had no difficulty with the erecting of preventive measures, even in light of the diving prohibition. ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing that staff work with the fundraisers and Ontario Power Generation regarding the installation of the life saving devices. Carried Unanimously. Clare Copeland Alderman loannoni spoke of the recent interview in the newspaper with Clare Copeland, the acting Chief Executive Officer for the Niagara Falls casinos and his comments on the attractor. ORDERED on the motion of Alderman loannoni, seconded by Alderman Volpatti that Clare Copeland be invited to a future meeting of Council. Carried Unanimously. Prince Edward Island 5 August 8, 2005 A by -law to amend by -law 2005 -92 being a by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2005. NEW BUSINESS Carried Unanimously Alderman Diodati outlined his recent visit to P.E.I. and the various dignitaries he met. Mewburn Tree Cutting. Alderman Pietrangelo asked staff to investigate some recent tree cutting on Mewburn Road. Firefighter Extrication Alderman Pietrangelo noted the recent article and newspaper report on firefighter extrication in hybrid cars and the good work of Peter Methner and other Niagara Falls fire fighters. Various Events Alderman Morocco mentioned the upcoming Window box competition in Chippawa and the recent Rob Judge Memorial Golf tournament. Millennium Trail 6 August 8, 2005 Alderman Campbell indicated that he would be bringing a notice of motion to the September 19 meeting regarding the Millennium Trail south of McLeod Road to the Chippawa Parkway. Ontario Municipal Partnership Fund Alderman Volpatti questioned changes to the Ontario Municipal Partnership Fund. The Director of Finance provided some information. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell that the resolution from Thorold requesting the Minister of Finance and the Minister of Municipal Affairs and Housing to review the methodology used in allocation of grants under OMPF be supported. Carried Unanimously. ORDERED on the motion of Alderman Campbell, seconded by Alderman Ioannoni that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, DEAN IORF A, C CLERK ALD. VINC KERRIO, ACTING MAYOR