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2002/04/22TENTH MEETING REGULAR COUNCIL Council met on Monday, April 22, 2002 at 6:00 p.m. for the purpose of considering Regular Business matters. All members of Council, with the exception of Alderman loannoni, were present. Alderman Kim Craitor offered the Opening Prayer. Prior to dealing with the Regular Council matters, Mayor Thomson introduced a resolution to nominate a person to fill the position declared vacant due to the death of Alderman Gary Hendershot. RESOLUTION NO. 07 VOLPATTI FEREN WHEREAS Council has a duty to declare a seat vacant under section 43 of the Municipal Act; and WHEREAS under section 38 (i) of the Municipal Act a seat of a member of Council becomes vacant if the member dies; and WHEREAS Council may fill the vacancy by appointment or by- election; NOW THEREFORE BE IT RESOLVED THAT Council declare vacant the seat of the late Gary Hendershot, an Alderman for Ward 3, in the City of Niagara Falls. FURTHER BE IT RESOLVED THAT Council hereby appoints the runner -up in Ward 3 from the most recent Municipal election, Paisley Janvary-Pool, to fill the seat declared vacant. AND The Seal of the Corporation be hereto affixed. Carried Unanimously. The Statutory Declaration of Office and Oath of Allegiance were filed with the City Clerk, after the Oath of Office had been administered to Paisley Janvary-Pool by His Worship Mayor Wayne Thomson. BY -LAW Council Chambers April 22, 2002 ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that leave be granted to introduce the following by -law and the by -law be read a first time: 2002 070 A by -law to appoint Paisley Janvary -Pool, a member to the Council of the City of Niagara Falls. Carried Unanimously. ORDERED on the motion of Alderman Feren, seconded by Alderman Fisher, that the following by -law be now read a second and third time: 2002 070 A by -law to appoint Paisley Janvary-Pool, a member to the Council of the City of Niagara Falls. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Craitor indicated a pecuniary interest on Report F- 2002 -26, Item #01 -13; 01 -104; 01 -123 and 01 -124, because a member of his family is employed by the Region. Alderman Pietrangelo indicated a pecuniary interest on Report L- 2002 -21 because a family member is involved in testamentary devise matters. -2- PRESENTATIONS Mayor's Youth Advisory Committee Skate Park Design Winner His Worship Mayor Thomson introduced and congratulated David DeGuire, a 17- year old whose design was chosen for "Design Your Own Skate Park" for the City of Niagara Falls Skate Park. Mayor Thomson indicated that the skate park would be constructed based on the winning blueprint design and presented a new Skate Board to David DeGuire for his First Place design. COMMUNICATIONS Communication No. 52 Lundy's Lane Historical Museum Re: Proclamation. The communication requests that Council proclaim the month of May, 2002 as "Museum Month ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the request be approved. Carried Unanimously. Communication No. 53 Victorian Order of Nurses Re: Proclamation. The communication requests that Council proclaim May 20 25, 2002 as "National VON Week". ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the request be approved. Carried Unanimously. Communication No. 54 Memo from the Clerk Re: Various Committee Vacancies. The communication advises that there are a number of Committee vacancies, some as a result of the passing of Alderman Hendershot and requests that the vacancies are filled. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that Alderman Janice Wing be appointed to the Joint Committee on Municipal Services (Region); and that Alderman Janice Wing be appointed to the Transportation Steering Committee (Region). Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that Alderman Paisley Janvary-Pool assume any Committee positions held by the late Gary Hendershot and that the matter of the Committee of Adjustment appointment be deferred until staff comes back with a report. The motion Carried During the discussion, Alderman Puttick requested a report with respect to the Committee of Adjustment Remuneration /Compensation matter, and further, inquired as to the status of a report he requested with respect to the Niagara Transit and Niagara Falls Hydro Commission Board being disbanded and replaced with Committees of Council. Alderman Wing advised that a report dealing with the composition of Committee of Adjustments throughout the Region had been prepared and she would forward a copy to the City Clerk for the Information of Council. REPORTS BBS- 2002 -03 Chief Administrative Officer Re: Zooz Nature Park Billboard. The report recommends that the proposed Billboard for ZOOZ be approved. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. -3- MW- 2002 -48 Chief Administrative Officer- Re: Capital Construction Hold Back. The report recommends that the City of Niagara Falls reinstate the $5, 000.00 hold back on construction projects until all outstanding deficiencies are completed. In response to questions raised, the Director of Municipal Works advised that the reinstatement of the $5, 000.00 maintenance hold back was to ensure that contractors do come back after the one year warranty period to fix any small deficiencies and confirmed that this report had no bearing on any previous discussions dealing with contractors and consulting fees. ORDERED on the motion of Alderman On, seconded by alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. R- 2002 -17 Chief Administrative Officer Community Centre Status Report. The report recommends the following: 1. That Council directs staff to take a leadership role in the development of a new community centre for the citizens of Niagara Falls; 2. That the proposed "moving forward" plan be implemented without delay; 3. That Council directs staff to develop new terms of reference for the Niagara Falls Community Centre Steering Committee that represents the leadership and decision making role of the City in the project; 4. That staff is directed to invite input from the Boys' Girls' Club, the YMCA, and the Niagara Falls Library Board in the formation of the Steering Committee and that each of these groups is invited to provide representation on a reorganized Community Centre Steering Committee; 5. That staff be directed to prepare Memorandums of Agreement for consideration by each of the potential partners that outlines the terms and conditions of participation in the Community Centre project; 6. That Council be provided quarterly reports on the status of Community Centre developments. Mr. Dave Schram, Project Manager, provided an update on the community centre project; advised that there was a need for a multi use, multi service Community Centre in the City but indicated that the project could not move forward due to an inability by the Boys' and Girls' Club to accept the shared facility concept. He stated that the YMCA and the Library Board endorsed the shared -space concept and were fully prepared to move forward at this time; he further stated, that continued delays would further negatively impact the project including the capital cost. Mr. Schramm felt that requiring unanimity from the partners was causing delays and that a majority rules model would be preferable; he reviewed the "moving forward plan" as proposed by staff and requested that Council endorse the project. Mr. Steve Butz, CAO, YMCA advised that the YMCA were in support and eager to have this project developed; stated that the YMCA fully endorse a "community first" perspective and shared space concept. Mr. Bill Walters, Past President, Boys Girls Club of Niagara Falls, reviewed the recommendation report and referred to an additional 32,000 square foot exclusive space requirement. -4- The Chief Administrative Officer advised that staff were requesting Council to approve the concept of a "shared- model" and staff did not wish to enter into discussions dealing with another 32,000 square feet of exclusive space for the Boys' and Girls' Club Discussion ensued with respect to the issue of growth and adequate space for additional space requirements. Mr. David Rew, Executive Director, Boys Girls Club of Ontario, referred to the "shared use" of space concept; he stressed that with the possibility of children in the facility that safety, security and risk management were of importance Mr. John MacLennan, Architect, MacLennan, Jaunkalns, Miller Chapman Murray Associates provided information on "child safe" facilities; referred to the "Crime Prevention through Environmental Design" strategy which involved natural surveillance; natural access control and territorial enforcement and recommended that this community centre follow the Community Policing Crime Prevention Through Environmental Design (CEPTED) principles. Mr. Jeff Duncan, Director, Boys Giris Club, London Office, provided a brief summary of his past involvement with the Boys' Girls' Club; addressed concems regarding the issue of risk management; the use of space facilities and child safety issues. Ms. Joanne Hett, Executive Director, Boys Girls Club of Niagara Falls, expressed her appreciation to staff and the architect; advised that the community centre would be of great benefit to the community and that the Boys' Giris' Club would work toward a shared use model. The Chief Administrative Officer responded to questions raised regarding loss of funding through a shared -use facility and advised that the City had no problems as to the use of long -term leases with the Boys' Girls' Club with respect to the Trillium funding program. Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. CAO- 2002 -02 Chief Administrative Officer- Re: Crime Prevention Tourism Safety Conference. The report recommends that the report be for the information and direction of Council. ORDERED on the motion of Alderman Puttick, seconded by Alderman Fisher, that the report be received and filed for information with no City staff involvement including Mrs. Dale Morton, Community Services Coordinator. Carried Unanimously. F-2002 -26 Chief Administrative Officer Re: Cancellation, Reduction or Refund of Taxes Under Section 442 and 443 of the Municipal Act The report recommends that the cancellation, reduction or refund of taxes on the various accounts per attached summary be approved and granted to the individuals listed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Feren, that the report be received and adopted. The motion Carried with Alderman Craitor abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. L-2002-21 Chief Administrative Officer Re: Uguccioni Agreement with the City Building Permit Testamentary Devise, Miller Road. The report recommends that Council authorize an Agreement dated April 5, 2002 between Mary Christine Uguccioni and Paul August Uguccioni and the City regarding application for a building permit. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. The motion Carried with Alderman Pietrangelo abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. CAO- 2002 -03 Chief Administrative Officer Re: Clarification and Responses to Allegations. The report recommends the following: 1. That Council receikes the information contained in this report; 2. That Council provrldes clarification on the status of the Ad Hoc Committee dealing with Minor Hockey. Following the disdussion, it was ORDERED on the motion of Alderman Feren, seconded by Alderman Vblpatti, that the ad hoc committee on Minor Hockey be disbanded. The motion Carried with Alderman Federow voting contrary to the motion and with all others voting in favour. Following some di$cussion, Alderman Wing provided an overview ofherdiscussions with the former Chief Administrative Officer and referred to four outstanding requests that she felt had not been addressed: 1) when did Council approve using the new casino revenues to pay for the railway land purchase; 2) what is the total amount spent in 1999- 2000 -2001 on Consultant fees and what is the total amount budgetted in 2002 for Consultant fees; 3) how much were contract overruns in 1999; 2000 and 2001; 4) how much did the 1996 Ontario Municipal Board hearing on the electoral system cost the City. The Executive Dbnctorof Corporate Services provided clarification on the business plan for the railway acquisition. The City Solicitor indicated that the only cost regarding the 1996 O.M.B. hearing was staff time. -5- ORDERED on the motion of Alderman Campbell, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. PD- 2002 -41 Chief Administrative Officer Re: Response to Beefeater Ltd. Allegations. The report recommends that the report is for Council's information. -AND Communication No. 551- Ms. Nina Perfetto, Tremayne -Lloyd Partners LLP, on behalf of The Niagara Clift n Group /Beefeater (Niagara) Limited. The communication requests that Report PD 002 -41, Response to Beefeater Ltd. Allegations be deferred until their client has an opportunity to review the report and provide an appropriate response. ORDERED on the motion of Alderman Wing, seconded by Alderman Orr, that the matter be deferred. Carried Unanimously. BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave be granted to introduce the following by -law and the by -law be read a first time: 2002 -071 A by -law to amend By -law No. 95-86, as amended, being a by=law to appoint municipal by -law enforcement officers for the City of Niagara Falls. 2002 -072 A by -law to amend By -law No. 99 -140, as amended, being a by -law to appoint municipal by -law enforcement officers for the City of Niagara Falls. 2002 -073 To adopt, ratify and confirm the actions of City Council at its meeting held on April 22, 2002. Carried Unanimously -6- ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the following by -laws be now read a second and third time: 2002 -071 A by -law to amend By -law No. 95 -86, as amended, being a by -law to appoint municipal by -law enforcement officers for the City of Niagara Falls. 2002 -072 A by -law to amend By -law No. 99 -140, as amended, being a by -law to appoint municipal by -law enforcement officers for the City of Niagara Falls. 2002 -073 To adopt, ratify and confirm the actions of City Council at its meeting held on April 22, 2002. Leiter of Appreciation NEW BUSINESS Carried Unanimously ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that a letter be forwarded to the CEP and CUPE Unions for their efforts in opposing the deregulation and privatization of Hydro in Ontario. Carried Unanimously. Turn T.V. Off Week ORDERED on the motion of Alderman Wing, seconded by Alderman Craitor, that Council supports the Regional Niagara Public Health Department's request to join T. V. tum -off Week" in an effort to tum -off televisions, video games and computers and tum on to physical activity. Carried Unanimously. Jolley Cut Issue Alderman Volpatti requested information on the Jolley Cut issue, specifically, when the matter would be coming to Council and would there be a public meeting to address the issues. She was advised by the Director of Planning and Development that the "Terms of Reference" study had not yet commenced as the City is waiting for the Niagara Parks Commission to be agreeable to the financing of the terms of reference study. He further advised that there would be a public meeting held with residents and interested stakeholders. Review of the OMB His Worship Mayor Thomson referred to correspondence received from the Town of Oakville requesting support of a resolution urging the Provincial government to conduct a review of the mandate of the Ontario Municipal Board to consider whether the resources of the Board are appropriate and adequate; and whether the length of the current appointments of board members is appropriate; and whether the mandate of the Board can be narrowed to give greater deference to local decisions and policy- making while protecting land owners from the possibility of decisions made purely of expedience or not in good faith so as to serve as a check against bad or unsound planning; and further that the Association of Municipalities of Ontario be requested to act upon the report done by the Town of Caledon, work done by the GTSB and requests of municipalities by applying meaningful and lasting pressure to dissolve or radically alter the OMB. READ AND ADOPTED, -7- ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti, that Council supports the Town of Oakville's resolution. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Wing, that the meeting be adjourned. Carried Unanimously. DEAN I RF 'A, CITY CLERK WAYNE THOMSON, MAYOR