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2001/11/19Letters of Condolence TWENTY -NINTH MEETING REGULAR COUNCIL APPOINTMENT OF ACTING MAYOR RESOLUTION NO. 37 ORR CRAITOR RESOLVED that Alderman Gary Hendershot be appointed Acting Mayor for this meeting, November 19, 2001, in the absence of His Worship Mayor Wayne Thomson. AND the Seal of the Corporation be hereto affixed. Council met on Monday, November 19, 2001 at 6:00 p.m. for the purpose of considering Regular Business matters. All members of Council, with the exception of His Worship Mayor Thomson, who was away on a personal matter; and Alderman Feren, who was away due to illness, were present. Alderman Victor Pietrangelo offered the Opening Prayer. ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that a letter of condolence be forwarded to the family of the late Joyce Frances Dickson, mother and mother -in -law of Mrs. Bonnie Thomson and His Worship Mayor Thomson. Carried Unanimously. ORDERED on the motion of Alderman Craitor, seconded by Alderman Puttick, that letter of condolence be forwarded to the family of the late Vera Ruth Martin, wife of the late George Martin, former Regional Councillor and Alderman. Carried Unanimously. ADOPTION OF MINUTES Council Chambers November 19, 2001 Carried Unanimously ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the Planning /Regular Minutes of November 12, 2001 be approved as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Campbell indicated a pecuniary interest on Report F- 2001 -71, Cheque Nos. 263704 and 263649 because he is employed by the District School Board of Niagara. Alderman Craitor indicated a pecuniary interest on Report F- 2001 -71, Cheque Nos. 263661;263442;263485 and 263486 because a member of his family is employed by the Region. 2 Alderman Fisher indicated a pecuniary interest on Report BBS- 2001 -29 from the Corporate Services Committee because a member of her family is employed by HOCO; and indicated a pecuniary interest on Report F- 2001 -71, Cheque No. 263525, dealing with the railway acquisition and the Jolley Cut matter, because a family member is employed in the area of discussion Alderman Orr indicated a pecuniary interest on Report F- 2001 -71, Cheque No. 263525 because she is employed by the Casino. Alderman Volpatti indicated a pecuniary interest on Report F- 2001 -71, Cheque No. 263525, because a family member is employed by the Ritz Motel, which owns land abutting the railway lands. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS Parking Enforcement No Stopping Acting Mayor Alderman Gary Hendershot referred to correspondence from the Mayor's Office indicating that several calls had been received from parents expressing their concerns regarding the issuance of parking tickets at elementary schools. It was noted that Council had passed a by -law which prevented parents /caregivers from dropping off their children in front of the schools and if they did, they would be in violation of the Parking By -law and subject to a $30.00 fine. Following some discussion, it was ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that Council endorses a motion to cease all activity in this area at this time and request that City staff prepare a complete and full report to be given to Council which outlined appropriate education and changes to the by -law which could be implemented. The motion was Defeated with Aldermen Federow, Fisher, loannoni, Volpatti and Puttick voting contrary to the motion; Aldermen Orr, Campbell and Craitor voting in favour; and Alderman Pietrangelo abstaining from the vote on a conflict of interest, because he is employed by the Niagara Catholic District School Board and Alderman Wing abstaining from the vote on a conflict of interest, because she resides directly across from an effected school. Tender Wishes Foundation Alderman Fisher provided information on the Tender Wishes Foundation 50's Fundraiser event "Rock Around the Clock" being held on February 16, 2002 at Club Italia Cultural Centre and extended an invitation to members of Council and the community to attend this fundraising event. Drug Awareness Week Acting Mayor Alderman Gary Hendershot referred to correspondence received from Regional Niagara, Health Department, advising that the week of November 18 -24, 2001 was Drug Awareness Week in Ontario and were encouraging parents and caregivers to discuss the topic of Drug Awareness with their teens. Santa Claus Parade 3 Acting Mayor Alderman Gary Hendershot complemented City staff and all the volunteers for providing an excellent Santa Claus Parade on November 17, 2001. DEPUTATIONS Niagara Trails Bikeway Committee Mr. Clyde Carruthers, Trails Bikeway Committee discussed the issues regarding trails and bicycle related programs; referred to a "safe cycling blitz" program in order to monitor how cyclists were following the rules; provided statistics on bicycle related accidents in the area; requested that Council consider the placement of bicycle lanes to those streets that can accommodate such bicycle lanes. Mr. Carruthers presented a token of appreciation to Acting Mayor Gary Hendershot and the City on behalf of the Trails Bikeway Committee for their support. Assistance of Niagara Falls Firefighters in New York City Mr. Bruce Green, Niagara Falls Firefighter, expressed his appreciation to members of Council for making it possible for him to go to New York City to assist with the firefighter's dealing with critical incident stress since September 11, 2001. Following Mr. Green's presentation, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that a letter of appreciation be forwarded to the Niagara Falls Firefighters for their involvement and assistance to the New York Firefighters. Carried Unanimously. Mr. Neil McGregor, Chair, Board of Directors, Aids Niagara provided a brief background history of AIDS Niagara; referred to the gravity of aids worldwide with approximately 34 million people infected with the HIV virus, with over 40,100 being Canadians and requested that Council proclaim December 1, 2001 as "World Aids Day" in Niagara Falls. ORDERED on the motion of Alderman Campbell, seconded by Alderman loannoni, that December 1, 2001 be proclaimed "World AIDS Day" in the City of Niagara Falls. Carried Unanimously. On the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that Ms. Karen Stearne of Heart Niagara be permitted to address Council. Carried Unanimously. Ms. Karen Stearne, Director, Heart Niagara, provided information on the Festival of Trees Auction and extended an invitation to members of Council and the community to attend the Festival of Trees Gala Christmas Auction on November 24, 2001 at the Brock Plaza Hotel in support of Heart Niagara. REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the actions taken in Corporate Services Committee, earlier this evening be adopted. 4 1. Adoption of the Minutes of November 12, 2001 Corporate Services Committee meeting; 2. 2002 Budget Requests: Niagara Falls Humane Society that the Budget Request from the Niagara Falls Humane Society be referred to final budget deliberations; and that the Niagara Falls Humane Society act as the agent to sell Dog Licences, effective immediately; Board of Museums that the 2002 Budget Request from the Board of Museums be referred to final budget deliberations; Greater Niagara General Hospital -that the 2002 Budget Request from the Greater Niagara General Hospital Foundation be referred to final budget deliberations Alderman Volpatti opposed because she feels that many residents do not have the income to have health care costs added to their property taxes; Niagara Transit and Chair -A -Van that the 2002 Budget Request from Niagara Transit and Chair -A -Van be referred to final budget deliberations Alderman Puttick opposed; that staff prepare a report on the purchase and financing of two new transit buses and one new Chair -A -Van bus; 3. F- 2001 -71 Municipal Accounts that the Municipal Accounts totalling $907,928.25 for the period ending November 19, 2001 be approved with the exception for Cheque No. 263685 which will be held pending further investigation Aldermen Campbell; Craitor, Fisher, Orr and Volpatti conflicts; Alderman Craitor opposed to deferring Cheque No. 263685; 4. BBS- 2001 -29 5724 Stanley Avenue; Variance to Sign By -law No. 6661, as amended that the request for the variance to the Sign -By -Law for a height extension of a billboard sign to 30 feet at 5724 Stanley Avenue be approved Aldermen Puttick and Wing opposed; Alderman Fisher conflict; 5. MW- 2001 -157 Mrs. English, 4466 Hiram Street that a by -law be implemented resorting bus access on Ontario Avenue from Bender Street and that the Committee supports an amendment to the Commercial Parking Lot Licencing By -law which will allow for easier enforcement; 6. Correspondence that the correspondence from the Municipal Property Assessment Corporation regarding customer service initiatives be received for information; The motion Carried with Alderman Volpatti voting contrary to the motion dealing with the 2002 Budget Request from the Greater Niagara General Hospital; and Aldermen Campbell, Craitor, Fisher, Orr and Volpatti abstaining from the vote on Report F- 2001 -71 on conflicts of interest previously noted; Alderman Craitor voting contrary to the motion of holding Cheque No. 263685 in abeyance; Alderman Fisher abstaining from the vote on Report BBS- 2001 -29 on a conflict of interest previously noted; and with all others voting in favour. See By -law No.2001 -245 F- 2001 -67 Chief Administrative Officer Re: Water Meter Information Further Report. The report recommends that City Council maintain the current rate and fee structure for the City's Water /Sewer Utility. Clarification was provided with respect to the water and sewer flat rates and that $3.4 million of the revenues from the water and sewer billings were directly involved in the capital construction program; and further with respect to questions raised regarding the moving of monies off of the water and sewer bill and placed onto the tax bill would require a 43% increase in taxes. 5 ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the report be received and adopted. The motion Carried with Aldermen Craitor, Orr and Wing voting contrary to the motion and with all others voting in favour. PD-2001-101 Chief Administrative Officer- Re: Smart Growth in Niagara. The report recommends the following: 1. That Council receive and accept the Region's Smart Growth in Niagara report as a basis for developing Smart Growth policies as the local level and as a framework for the review of development proposals; 2. That Council and staff representatives attend the Region's Smart Growth Summit on November 29, 2001 at the White Oaks Conference Centre. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. MW -2001 -155- Chief Administrative Officer- Re: Deletion of Industrial Development Charges for City Purposes f rom By -law No. 99 -144. The report recommends that Council give favourable consideration to the deletion of the requirement of development charges on industrial uses within the City of Niagara Falls, and approve the by -law for the same. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. The motion Carried with Alderman Orr and Puttick voting contrary to the motion and with all others voting in favour. See By -law No. 2001 -244 CD- 2001 -12 Chief Administrative Officer Re: Special Occasion Permit. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. The Jolley Cut Matter ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the Jolley Cut matter be referred to the December 10, 2001 Public Meeting and that the Niagara Parks Commission be invited to attend. Carried. Following some discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that as part of the Planning report to be provided to the December 10, 2001 meeting, that the matter be referred to the LACAC and Environmental Planning Greening Committees for their consideration. The motion Carried with Aldermen Campbell, Pietrangelo and Puttick voting contrary to the motion and with all others voting in favour. BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that leave be granted to introduce the following by -law, and the by -law be read a first time 2001 -244 A by -law to amend By -law 99 -144 being a by -law with respect to development charges. 2001 -245 A by -law to authorize monies for General Purposes (November 19, 2001) The motion Carried with Aldermen Puttick and Orr voting contrary to the motion to By -law No. 2001 -244; and Aldermen Campbell, Craitor, Fisher, Orr and Volpatti abstaining from the vote on By -law No. 2001 -245 on conflicts of interest previously noted and with all others voting in favour. 6 ORDERED on the motion of Alderman Pietrangelo seconded by Alderman loannoni, that the by -law be read a second and third time: 2001 -244 A by -law to amend By -law 99 -144 being a by -law with respect to development charges. 2001 -245 A by -law to authorize monies for General Purposes (November 19, 2001) The motion Carried with Aldermen Puttick and Orr voting contrary to the motion to By -law No. 2001 -244; and Aldermen Campbell, Craitor, Fisher, Orr and Volpatti abstaining from the vote on By -law No. 2001 -245 on conflicts of interest previously noted and with all others voting in favour. Blue Light Program NEW BUSINESS Alderman Carolyn loannoni provided information on the Blue Light Program and advised that the "Blue Lights" were to be lit during the holiday season in honour of all the police officers who had given their lives in the line of duty. Financial Funding Alderman Norm Puttick referred to the issue of the Niagara South Recreation Association and of Council's $300,000 commitment toward the building of a pool in Chippawa, and requested that a report be provided in two weeks' time. ORDERED on the motion of Alderman Puttick, seconded by Alderman Federow, that staff provide a report on 1) who had authorized a commitment of $300,000 to the Niagara South Recreation Association toward the building of the Chippawa pool; 2) Was the pool going to be built; and 3) if the pool was not being built, where were the funds going and how were they going to be handled. Carried Unanimously. Stop Signs at Beaverdams and Kalar Road Alderman Selina Volpatti requested information as to when the issue of Stop Signs at Beaverdams and Kalar Road would be looked into. She was advised by the Chair of the Parking Traffic Committee that the matter would be going to the Parking Traffic Committee on November 20, 2001 and be addressed at that time. The Director of Municipal Works advised that meetings would be held with the residents to deal with the all the issues and concems with a comprehensive report being brought back to Council. ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, ACTING CITY CLERK 7 R. O. KALLIO G 'Y HENDERSHOT ACTING MAYOR