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2003/01/20SECOND MEETING REGULAR COUNCIL MEETING DISCLOSURES OF PECUNIARY INTEREST Council Chambers January 20, 2003 Council met on Monday, January 20, 2003 at 6:00 p.m. for the purpose of considering Regular Business matters. All members of Council, were present. Alderman Shirley Fisher offered the Opening Prayer. Alderman Campbell indicated a pecuniary interest on Report MW- 2003 -16, School Crossing Guards, because the District School Board of Niagara is his employer. Alderman Craitor indicated a pecuniary interest on Report F- 2003 -04, on Cheque Nos. 273056; 273061; 273060 and 273103 because a member of his family is employed by the Region. Alderman Federow indicated a pecuniary interest on Report F- 2003 -04, Cheque No. 273167 because a member of his family is the recipient; and on Cheque Nos. 273174 and 273028 because he has an ongoing dispute with the Humane Society. Alderman Pietrangelo indicated a pecuniary interest on Report MW- 2003 -16, School Crossing Guards, because the Niagara Catholic District School Board is his employer. Alderman Wing indicated a pecuniary interest on Report Nos. F- 2003 -05; MW- 2003 -16; MW- 2003 -22 and on By -law No. 2003 -12 because she owns property with a Parks employee. ADOPTION OF MINUTES ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the Minutes of December 9, 2002 Planning meeting be approved as amended. Carried Unanimously. ORDERED on the motion of Alderman Craitor, seconded by Alderman Feren, that the Minutes of January 13, 2003 be approved as printed. The motion Carried with Alderman Orr declaring a conflict of interest with respect to the casino issue and with all others voting in favour. Village of Chippawa Citizen's Committee Mr. Don Ede, a member of the Village of Chippawa Committee, stated that the Village of Chippawa Citizen's Committee were in support of a historical designation for Cummington Square. He was of the opinion that certain individuals had interfered with such a designation taking place. -2- January 20, 2003 Council Minutes Discussion ensued with respect to the integrity of Cummington Square and the participation of the Legion; the public notification process; the involvement of LACAC in the designation process and of public and private property designations. In response to the questions raised, the Director of Parks, Recreation and Culture commented that the City owns the property but usually consults the Legion before it does anything in the Square; that the Heritage Master Plan is proceeding and that all requests for designation of public property would be referred to the Plan. She advised that Parks, Recreation and Culture did not provide comments on requests for private property designations only on city -owned properties and further advised that the Terms of Reference on the Heritage Master Plan would be provided to members of Council for their review. It was also clarified that there was never any intention of developing the land for commercial purposes. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Fisher, that the historic designation of Cummington Square be referred to the Heritage Master Plan. The motion Carried with Aldermen Craitor, Federow, loannoni, Orr and Wing voting contrary to the motion and with all others voting in favour. Main Street Environmental Assessment UNFINISHED BUSINESS The Chief Administrative Officer advised that staff had lengthy discussions with representatives from the Ministry of the Environment requesting that a meeting be scheduled with them, to be attended by appropriate staff, stakeholders and consultants; he further advised that a response had not yet been received but when it had a Special Meeting of Council could be called. In response to questions raised, the Director of Municipal Works advised that concerns had been expressed by local contractors that, due to delays, the project would not be completed before the new casino was opened and advised that staff were looking at ways to have the engineering base plans started in order to expedite the process. He explained that the base planning and underground work did not require an Environmental Assessment and a full report would be coming to Council. There was discussion of the possible traffic impacts on the areas of Drummond Road between Lundy's Lane and McLeod Road. The Director of Municipal Works advised that he would look into the issue of whether an Environmental Assessment Study for the area of Drummond Road had been budgeted for this year. The Director of Finance advised that under the new Municipal Act and the Notice provisions, any amendment to the existing budget would require a public meeting with due notice. In response to questions raised, the Director of Finance advised that staff were planning a public meeting relating to any amendments to the budget in late March or April in order to set the tax rates for the year. Following the discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman Puttick, that the Drummond Road Environmental Assessment be considered for this year. Carried. -3- COMMUNICATIONS Communication No. 20 Niagara Region Police Association Re: Waiving of fees. The communication requests that Council waive any fees required for ice time for their 49 Annual International Police Hockey Tournament. AND Report R- 2003 -05 Chief Administrative Officer Re: Request to waive fees for the International Police Hockey Tournament. The report recommends that the ice rental fees not be waived. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that the ice rental fees not be waived and that the ice rental rates be reduced to $2,500. The motion was Defeated with Aldermen Wing, loannoni and Volpatti voting in favour and with all others voting contrary to the motion. Following some discussion, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Puttick, that the full adult non residential rate be charged to the group and, further, that a letter be forwarded to them advising when local users' seasons were to be completed and more ice time would be available. The motion Carried with Alderman Craitor voting contrary to the motion and with all others voting in favour. REPORTS January 20, 2003 Council Minutes MW- 2003 -21 Chief Administrative Officer Re: Modifications to SWM Facility; Larry DeLazzer Park Orchard Grove Subdivision. The report recommends that City Council approve the modifications to the Storm Water Management (SWM) Facility at Larry DeLazzer Park as outlined in this report and further that staff be directed to notify local residents of the changes prior to construction. ORDERED on the motion of Alderman Feren, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. MW- 2003 -22 Chief Administrative Officer Re: Transfer of a Portion of Falls Avenue to The Regional Municipality of Niagara. The report recommends that Part 1 on Plan 59R -11871 be transferred to The Regional Municipality of Niagara. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Alderman Wing abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. BBS- 2003 -02 Chief Administrative Officer Re: Appointment of Inspectors. The report recommends that Fred Sacco, Val Boccia and Luciano Chieca be appointed as Inspectors pursuant t the Building Code Act 1992, as amended and that the appointment of Tom Ferguson be cancelled since he is no longer employed by the City and By -law 2002 -081 be amended accordingly. ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. See By -law No. 2003 -19 F- 2003 -04 Chief Administrative Officer Re: Municipal Accounts. The report recommends that Council approve the municipal accounts totalling $2,178,299.01 for the period ending January 20, 2003. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. The motion Carried with Aldermen Craitor and Federow abstaining from the vote on conflicts of interest previously noted and with all others voting in favour. See By -law No. 2003 -21 -4- January 20, 2003 Council Minutes CD- 2003 -01 Chief Administrative Officer Re: Minutes of Council Meeting, September 10, 2001. The report recommends for the information and consideration of Council. ORDERED on the motion of Alderman Wing, seconded by Alderman Federow, that the Minutes of the September 10, 2001 Council Meeting, under New Business, dealing with Minor Hockey be amended as previously adopted at the Council meeting of October 1, 2001 to reflect the following: Minor Hockey Ad Hoc Committee Alderman Art Federow, Chair, Minor Hockey Ad hoc Committee, advised that the Ontario Minor Hockey Association has completed their report and advised that the Ad hoc committee would be reviewing it. There was some discussion regarding whether the Niagara Falls Minor Hockey Association could ban individuals from the City owned facilities. ORDERED on the motion by Alderman Volpatti, seconded by Alderman Puttick, that the City Solicitor investigate the legalities of whether the Niagara Falls Minor Hockey Association could ban individuals from the City owned facilities. Carried Unanimously. The motion Carried to approve the September 10, 2001 Minutes as amended, with Aldermen Fisher and Pietrangelo voting contrary to the motion and with all others voting in favour. Following some discussion, it was ORDERED on the motion of Alderman Federow, seconded by Alderman Wing, that staff look into and prepare a report on what other municipalities' policies are on the issue of abuse, harassment and violence by user groups at City -owned facilities and further that staff look into the issue of whether Council should be the body to make the initial decision to ban or whether Council are to be the appealing body. The motion Carried. In response to questions raised, the Director of Corporate Services advised that a zero violence tolerance was currently in existence through Provincial and Municipal legislation, and expressed the view that following that, staff must look at what process is to be followed when dealing with a violent incident. Following further discussion, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that Council accept zero violence tolerance policy at all City facilities. The motion Carried with Aldermen Volpatti and Feren voting contrary to the motion and with all others voting in favour. L- 2003 -08 Chief Administrative Officer Re: Trinity Park Ministry Centre; Stopping Up and Closing of Part of the Road Allowance between Township Lots 206 and 207 (not opened); File No. 1999 -110. The report recommends the following: 1. That staff be authorized to commence proceedings to stop up and close part of the road allowance between Township Lots 206 and 207, being Part 3 on reference Plan 59R -4705, formerly in the Township of Stamford, now City of Niagara Falls; -5- January 20, 2003 Council Minutes 2. That part of the road allowance between Township Lots 206 and 207, being part 3 on Reference Plan 59R -4705 be declared surplus and offered for sale to Trinity Park Ministry Centre and further that Trinity Park Ministry Centre pay for all costs associated with the sale, including the cost of an appraisal and a notice, which costs will be credited to it on closing. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. L- 2003 -12 Chief Administrative Officer Re: Housekeeping By -law amendments pursuant to the new Municipal Act, 2001; File No. 2003 -12. The report recommends that the Sale of Land Procedures By -law and the Adult Businesses Appeals Committee By -law be amended. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. See By -law No. 2003 -16 See By -law No. 2003 -17 Ratification of the Municipal Parking Traffic Committee Recommendations for January 14. 2003 meeting. MW- 2003 -20 Chairperson Municipal Parking Traffic Committee Recommendations January 14, 2003 Meeting. 1) 89 -2000 By -law Updates that the updates to By -law 89 -2000 concerning Ontario Avenue, Hiram Street, Garner Road, Warner Road and Emery Street appearing later on tonight's agenda be approved; 2) MW- 2002 -146 Monthly Lease Parking Rate Adjustment it is recommended that: 1) the monthly lease parking rate increase be phased in over a two -year period at $5.00 per year; 2) those persons residing in the Downtown wishing to purchase lease parking would be exempt from this increase. 3) MW- 2003 -02 Orchard Grove Residential Area; Intersection Control Review. It is recommended that: 1) A stop sign be installed facing southbound motorists on Beaver Valley Way at Beaverdams Road; 2) A stop sign be installed facing northbound motorists on Spring Blossom Drive at the west intersection with Harvest Crescent; 3) A stop sign be installed facing southbound motorists on Harvest Crescent at the east intersection with Spring Blossom Drive; 4) A yield sign be installed facing northbound motorists on Foreman Avenue at Woodsview Crescent; 5) A yield sign be installed facing southbound motorists on Foreman Avenue at Harvest Crescent; -6- January 20, 2003 Council Minutes 6) A stop sign be installed facing southbound motorists on Magnolia Drive at Spring Blossom Drive; and 7) By -law 89 -2000 Schedule "P" be updated to reflect the current traffic control at the intersection of Beaverdams Road and Magnolia Drive /Rysdale Avenue. 4) MW- 2003 -08 Westwood Street Parking Review. It is recommended that: 1) the existing parking restriction on the south side of Westwood Street from Kalar Road to Alderbrae Court between the hours of 5:00 p.m. and 9:00 p.m. Monday to Friday be removed; and, 2) a parking restriction at all times be implemented on the south side of Westwood Street between Kalar Road and Lynhurst Drive. 5) MW- 2003 -09 Rolling Acres Drive Operations Review. It is recommended that: 1) an all -way stop control be installed at the intersection of Rolling Acres Drive and Waterloo Drive; 2) the all -way stop control at Rolling Acres Drive and Waterloo Drive (along with Cambridge Street) be reviewed 6 months after installation; 3) a solid yellow centre line be painted on Rolling Acres Drive between Cambridge Street and Thorold Stone Road in the Spring of 2003; 4) a warning tab with a speed limit of 30 km /hr be added to a reverse curve warning sign facing northbound motorists on Rolling Acres Drive north of Thorold Stone Road; and, 5) a reverse curve warning sign and a warning tab with a speed limit of 30 km /hr be installed facing southbound motorists on Rolling Acres Drive south of Cambridge Street; and, 6) Council send a resolution to the MTO dedicating a left turn lane from Thorold Stone Road to Rolling Acres Drive and have Staff report back with the number of accidents along with injuries for this area. 6) MW- 2003 -10 Gunning Drive at Mears Crescent Intersection Control Review It is recommended that an all -way stop not be installed at the intersection of Gunning Drive and Mears Crescent. Mr. Shawn Koabel, 3649 Gunning Drive expressed safety concerns and requested that Council reconsider the issue of installing a 3 -way stop at Gunning Drive and Mears Crescent. 7) MW- 2003 -11 Kalar Road Operations Review. It is recommended that: 1) the current speed limit be maintained on Kalar Road between Thorold Stone Road and Montrose Road; -7- January 20, 2003 Council Minutes 2) parking be restricted at all times on the east side of Kalar Road from Montrose Road to a point 40 metres south of Montrose Road; and, 3) an 80 km /hr speed limit regulatory sign be installed facing southbound motorists on Kalar Road south of Mount Carmel Boulevard. 8. City of Niagara Falls 2003 Tax Supported Budget. It is recommended that: 1) staff be directed to notify the Parking Committee in a timely manner to discuss the taking of Parking funds; 2) the Parking Traffic Committee be invited to the Corporate Services Committee meeting when discussing the budget to obtain the Parking Traffic Committee's comments. 9) Municipal Parking Lot #13 Bank of Montreal Lease It is recommended that: 1) the Parking Traffic Committee receive and file information on Municipal Parking Lot #13. 10) MW- 2003 -16 School Crossing Guard Logo /Crest Competition. It is recommended that Report MW- 2003 -16 be received and filed. Following the presentation, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Pietrangelo, that Report MW- 2003 -10 be amended to reflect that a 3 -way stop be installed at Gunning Drive and Mears Crescent. Carried Unanimously. ORDERED on the motion of Alderman Craitor, seconded by Alderman Volpatti, that the report be received and adopted as amended. The motion Carried with Aldermen Campbell, Pietrangelo and Wing, abstaining on the vote on Report MW- 2003 -16 on conflicts of interest previously noted and with all others voting in favour. CONSENT AGENDA See By -law No. 2003 -15 See By -law No. 2003 -20 MW- 2003 -12 Chief Administrative Officer Re: Althea Street at Portage Road; Intersection Control Review. That this report be received for the information of Council. ORDERED on the motion of Alderman loannoni, seconded by Alderman Craitor, that the Report MW- 2003 -12 be deferred in order to provide an opportunity for the residents in the area to provide their input on the matter. Carried ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Orr, to approve the balance of the recommendations contained in the reports of the Consent Agenda. F- 2003 -02 Chief Administrative Officer Re: Community Reinvestment Fund (CRF). That Council accepts the Community Reinvestment Fund allocation in accordance with the terms and conditions from the Province of Ontario. See Resolution No. 04 F- 2003 -03 Chief Administrative Officer Re: Fidelity Bond Coverage. That this report be approved; that the City's Comprehensive Crime Policy be deposited with the Director of Finance for safekeeping and to be available for inspection. -8- January 20, 2003 Council Minutes F- 2003 -05 Chief Administrative Officer Re: Niagara Parks Commission Grant to the City of Niagara Falls. For the information of Municipal Council. L- 2003 -09 Chief Administrative Officer Re: Establishment of Public Highway; Parts 1, 2, 3, 4, 5, 6 7 on Reference Plan 59R -11875 as part of Fallsview Avenue; file No. 2002 -497. That a road widening, being Parts 1, 2, 3, 4, 5, 6 and 7 on Reference Plan 59R- 11875 attached as Appendix "A be established as a public highway, to be known as Fallsview Avenue. See By -law No. 2003 -12 L- 2003 -10 Chief Administrative Officer Re: Establishment of Public Highway; Parts 1 and 2 on Reference Plan 59R- 11888; as part of Ellen Avenue; File No.: 2002 -553. That a road widening being Parts 1 and 2 on Reference Plan 59R -11888 attached as Appendix "A be established as a public highway, to be known as Ellen Avenue. See By -law No. 2003 -13 RESOLUTIONS NO. 04 PIETRANGELO VOLPATTI BE RESOLVED that the municipality of Niagara Falls intends to use the 2003 CRF allocation for the benefit of property taxpayers; and, FURTHERMORE, THAT the municipality of Niagara Falls does accept the 2003 CRF allocation in accordance with the statements, terms and conditions required by the Ministry of Municipal Affairs and Housing. And The Seal of the Corporation be hereto affixed. Carried Unanimously. NO. 05 PUTTICK VOLPATTI BE IT RESOLVED that the Ontario Energy Board Amendment Act be amended so that the collection of capital costs related to the connection of electrical services for new developments be borne entirely by the developers; and FURTHER BE IT RESOLVED that this resolution be forwarded to Premier Ernie Eves, Minister of Energy, John Baird and local member of Provincial Parliament, Bart Mayes. AND The Seal of the Corporation be hereto affixed. Carried Unanimously BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2003 -12 A by -law to establish parts 1,2,3,4,5, 6 7 on Reference Plan 59R -11875 as a public highway, to be known as and to form part of Fallsview Avenue. 2003 -13 A by -law to establish Parts 1 and 2 on Reference Plan 59R -11888 as a public highway, to be known as and to form part of Ellen Avenue; 2003 -14 A by -law to authorize the execution of a Subdivision Agreement with Beaver Valley Realty Ltd., respecting Beaver Valley Extension 2 Subdivision. 2003 -15 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Limited Parking, Stop Signs at Intersections, Yield Signs at Intersections, Heavy Vehicle Restriction) 2003 -16 A by -law to establish procedures governing the sale of land by the City of Niagara Falls. 2003 -17 2003 -20 -9- January 20, 2003 Council Minutes A by -law to establish a Committee of the Council to hear certain matters involving applications for licences for adult entertainment parlours, body -rub parlours and adult stores. 2003 -18 A by -law to amend By -law No. 2001 -001, being a by -law to provide for appointments to certain Boards, Commissions and Committees. 2003 -19 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 provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking. 2003 -21 A by -law to authorize monies for General Purposes. (January 20, 2003) 2003 -22 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20 day of January, 2003. The motion Carried with Alderman Wing abstaining from By -law No. 2003 -12 on a conflict of interest previously noted; Aldermen Craitor and Federow abstaining from the vote on By- law No. 2003 -21 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the following by -laws be now read a second and third time: 2003 -12 A by -law to establish parts 1,2,3,4,5, 6 7 on Reference Plan 59R -11875 as a public highway, to be known as and to form part of Fallsview Avenue. 2003 -13 A by -law to establish Parts 1 and 2 on Reference Plan 59R -11888 as a public highway, to be known as and to form part of Ellen Avenue; 2003 -14 A by -law to authorize the execution of a Subdivision Agreement with Beaver Valley Realty Ltd., respecting Beaver Valley Extension 2 Subdivision. 2003 -15 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Limited Parking, Stop Signs at Intersections, Yield Signs at Intersections, Heavy Vehicle Restriction) 2003 -16 A by -law to establish procedures governing the sale of land by the City of Niagara Falls. 2003 -17 A by -law to establish a Committee of the Council to hear certain matters involving applications for licences for adult entertainment parlours, body -rub parlours and adult stores. 2003 -18 A by -law to amend By -law No. 2001 -001, being a by -law to provide for appointments to certain Boards, Commissions and Committees. 2003 -19 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. 2003 -20 Hydro One Networks Inc. -10- A by -law to provide for establishing parking lots in the City of Niagara Falls, and for regulating, supervising and governing the parking of vehicles in various municipal parking facilities thereon and charging a fee for such parking. 2003 -21 A by -law to authorize monies for General Purposes. (January 20, 2003) 2003 -22 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20' day of January, 2003. The motion Carried with Alderman Wing abstaining from By -law No. 2003 -12 on a conflict of interest previously noted; Aldermen Craitor and Federow abstaining from the vote on By- law No. 2003 -21 on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS Niagara Health System Super Hospital Proposal Alderman Puttick referred to comments made by Mr. Dennis Timbrell, who was opposed to a proposed super hospital facility in the Region. ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that Council reconfirm its' support for Mr. John Carter's proposal regarding the need for a new state -of- the -art 'super hospital'. Carried Unanimously. Cogeco Cable Internet Installation Services for the Disabled. Alderman Puttick referred to the Council's use of their laptops and a current installation deal offered by Cogeco. Following the discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Feren, that the Council be hooked up with cable internet access and that the City pay the hook up and monthly cost. Carried Unanimously. January 20, 2003 Council Minutes Alderman Puttick referred to a resolution from the Corporation of the City of Thorold requesting the Minister of Energy take a leadership role and take the necessary steps to change Hydro One Networks Inc. back to a not for profit company and to distribute any surplus earnings back to Hydro One Networks Inc. customers in the form of a rebate. ORDERED on the motion of Alderman Puttick, seconded by Alderman Janvary-Pool that an update be provided on Provincial services for the disabled and whether they are adequate. Carried Arena Feasibility Study Alderman Pietrangelo was advised that the Recreation Commission would be involved in the Arena feasibility study. Hydro One Alderman Volpatti advised members of Council that it had been announced that Hydro One would not be sold and that the Provincial government would be maintaining 100% ownership. Sports Wall of Fame Leaf Pickup READ AND ADOPTED, PtgAlf DEAN IORF A, C/('TY CLERK Queen's Golden Jubilee Medal Presentations Cancellation of the December 16, 2002 Council Meeting January 20, 2003 Council Minutes ORDERED on the motion of Alderman Fisher, seconded by Alderman Feren, that a letter of congratulations be forwarded to the local recipients of the Queen's Golden Jubilee Awards. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that a letter of appreciation be forwarded to Alderman Janvary-Pool and her Committee; Ms. Lori Albanese and the Recreation Commission for all their efforts, dedication and time in making the Sports Wall of Fame such a success. Carried Unanimously. Alderman Wing requested by whom and by whose authority was the December 16 2002 Council meeting cancelled. She was informed of that it was a long- standing practice that if the Budget was passed, the subsequent Council meeting is cancelled. Alderman Wing was advised that staff had received her e-mail pertaining to a leaf pick up on Taylor Street and that the matter would be looked into. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the meeting be adjourned. Carried Unanimously. WAYNE THOMSON, MAYOR