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2004/04/05Council met on Monday, April 5, 2004 at 5:45 p.m. in an In Camera Session. All members of Council, with the exception of Alderman Volpatti, were present. Alderman Joyce Morocco presided as Chair. Following consideration of the items presented, the In Camera session, reported in Open session. READ AND ADOPTED, 0 Canada EIGHTH MEETING IN CAMERA MEETING REGULAR COUNCIL Committee Room #2 April 5, 2004 DEAN IORFI'fA, C1TY CLERK R. T. (TED) SALCI, MAYOR Council Chambers April 5, 2004 Council met on Monday, April 5, 2004 at 6:00 p.m. for the purpose of considering Regular Business matters. All members of Council, with the exception of Alderman Volpatti, were present. Alderman Jim Diodati offered the Opening Prayer. Prior to dealing with further Council matters, Casey Hyde, a 16 -year old student, who attends Jean Vanier High School, sang the National Anthem. ADOPTION OF MINUTES ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the Minutes of the Planning Meeting of March 22, 2004 be approved as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Campbell indicated a pecuniary interest on Report F- 2004 -21, Cheque No. 282990 because he is employed by the District School Board of Niagara. Alderman Morocco indicated a pecuniary interest on Report F- 2004 -21, Cheque No. 282753, because her spouse is the recipient. -2- April 5, 2004 Council Minutes Alderman Pietrangelo indicated a pecuniary interest on Report F- 2004 -21, Cheque No. 283047, because he is employed by the Niagara Catholic District School Board. Alderman Wing indicated a pecuniary interest on Report F- 2004 -21, Cheque No. 283223, because she owns property with a Niagara Parks employee. Team United. Niagara Karate Team PRESENTATIONS His Worship Mayor Salci congratulated and presented a token of appreciation to Ryan Elliott, Zack Elliott and Kendra Lawrie, of Team United, Niagara, who had won titles at the World Karate Championships in Houston, Texas in late November, 2003. Falls Rescue His Worship Mayor Salci congratulated and presented a token of appreciation to Tom Warman, Bruce Johnson, Fred Hall and Al Oleksniuk of the Niagara Falls Fire Services, Platoon No. 3, in recognition of their outstanding bravery and rescue efforts at the brink of Falls on February 23, 2004. Education Month DEPUTATIONS Ms. Jennifer Ribaric, Vice Principal of Orchard Park School introduced Laura Kirkham, a student from Orchard Park School who discussed the benefits of public education and provided highlights of the events being held at Orchard Park School during Education Month; and Ms. Paula MacKinnon, Vice Principal, Westlane Secondary School introduced Shelly Murphy, a student from Westlane Secondary School,who provided information on the programs held at Westlane Secondary School, with the theme "Seeing Students Succeed" in recognition of Education Month. Cycle Fun Trek Mr. Clyde Carruthers provided highlights of the upcoming 3` Annual Greater Niagara Circle Trek being held at Firemen's Park on May 2, 2004, with special invited guest, the Honourable Jim Bradley, Minister of Tourism and Recreation. Mr. Carruthers extended an invitation to members of Council and to the community to participate. His Worship Mayor Salci and Mr. Carruthers, on behalf of the Trails Bikeway Committee, made a presentation of a bicycle to John Browning, Westlane High School, the winner of the logo competition held with local high schools. Budget- Related Matters St. John Ambulance Capital Campaign Mr. Peter Corfield, Capital Campaign Chair, introduced LCoI. Jeffrey Cairns, St. John Ambulance Branch Chair, and Ms. K.T. Bucht, Branch Manager and other committee members to Council. Mr. Corfield provided a brief overview of the Niagara Falls Water Patrol Capital program, referred to the need to replace its current boat with a vessel that is more conducive to water rescue and requested that Council consider the granting of a $57,000 interest -free loan to ensure that St John Ambulance meets their operational commitments. -3- April 5, 2004 Council Minutes Following the discussion, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, to grant the request of a $57,000 interest -free loan. Carried Unanimously. Greater Niagara Baseball Association Report R- 2004 -17 Greater Niagara Baseball Association (GNBA) Request for Pre Budget Approval. The report recommends that the project to redevelop the two baseball diamonds at Oakes Park proceed on a weather permitting basis. Mr. Bob Pysher, Vice President, Greater Niagara Baseball Association, provided background information on their request for the installation of clay base infields for Oakes Park baseball diamonds #1 and #2 and the scheduling constraints faced by the G.N.B.A. The organization requested pre- budget approval in the amount of $15,000, which they matched to get the diamonds ready. Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, to pre- approve the cost of redeveloping the diamonds, weather permitting. Carried Unanimously. Niagara Falls People Mover Proiect Mr. Ed. Lustig, Director, People Mover Project, provided an update on the responses to Request for Proposals Step 1 (Work Program), the first step in the process to find a private sector partner for the People Mover project. He commented that the City was now in an enviable position of having an opportunity to get a key transportation infrastructure project that was community- acceptable and was at the expense of the senior levels of Government and a private partner. Mr. Lustig indicated that there would be meetings with the interested parties over the next six weeks and, hopefully, by year end the next step in the process, Requests for Proposals could go forward. He reminded Council that costs of the project, other than staff, are covered by the Falls Management Company. -AND Report PMP- 2004 -01, Niagara Falls People Mover Project Responses to Request for Proposals Step 1 (Work Program) Following the presentation, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Kerrio, that the information be received and filed. The motion Carried with Alderman Wing abstaining from the vote on a conflict of interest. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS Budget Forums His Worship Mayor Salci advised that the second public forum on the budget was being held on April 7th at the Optimist Club and a meeting with the Chamber of Commerce was scheduled for April 14` 2004 at 3:00 p.m. in Committee Room #2. Casino Opening His Worship Mayor Salci advised of his attendance at a press conference on Friday, April 2 held by the Provincial government and F.M.C. advising of the opening of the Fallsview Resort Casino on June 8, 2004. Mayor's Prayer Breakfast His Worship Mayor Salci advised of the upcoming Mayor's Prayer Breakfast being held on April 7', 2004 at 6:30 a.m. at the AmeriCana. He indicated that the Mayor of Niagara Falls, New York, Mr. Vincent Anello would be in attendance. IBI Consultants Public Meeting -4- April 5, 2004 Council Minutes His Worship Mayor Salci advised that a public workshop was held March 31, 2004 by the IBI group, encouraging public input on the TADs study; he advised that the Consultants would be coming back to Council with a final report in the near future. Get Well Wishes His Worship Mayor Salci extended Get Well wishes to Alderman Selina Volpatti for a speedy recovery and advised that flowers would be sent on behalf of members of Council. REPORTS PD- 2004 -30 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 39/2000; 2907 Stanley Avenue, Legalization of an Existing Four -Unit Dwelling. The report recommends that Council pass the amending by -law listed on the agenda to legalize an existing four -unit dwelling at 2907 Stanley Avenue. ORDERED on the motion of Campbell, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. R- 2004 -18 Chief Administrative Officer Re: Coronation 50 Plus Recreation Centre, Response to Mr. Barrett. The report recommends the report for the information of Council. ORDERED on the motion of Wing, seconded by Alderman Campbell, that the matter of the existing fee structure be deferred until after the Annual General Meeting at the Coronation 50 Plus Recreation Centre. The motion Carried with Aldermen loannoni, Morocco and Pietrangelo opposed. 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 Pietrangelo, seconded by Alderman Campbell, that the reports on the Consent Agenda be approved. Carried Unanimously. 1. F- 2004 -21, Municipal Accounts that Council approve the Municipal Accounts totalling $33,094,993.05 for the period ending April 5, 2004 Aldermen Campbell; Morocco; Pietrangelo and Wing, conflicts; -5- April 5, 2004 Council Minutes 2. MW- 2004 -57, Fruitbelt Parkway Sewer Extension that the City enter into an agreement with eh proponent to design and construct, at his sole expense, a new municipal standard sanitary sewer on Fruitbelt Parkway subject to the conditions outlined in the report; 3. MW -2004 49, Contract #2004 -06; Tender for the Supply of Materials and Services for Pavement Markings (On- Street Application Only) that Provincial Maintenance be approved to carry out the services for Tender #2004 -06; 4. MW- 2004 -50, Contract #2004 -07; Tender for the Supply of Materials and Services for Pavement Markings (Parking Lots City -Owned Lands) that the low bid, R C Driveway Sealing and Line Painting, be approved to carry out the services for Tender 2004 -07; 5. R- 2004 -16 Parks and Field Use 2004 Schedule that the Schedules for Special Events and Regular Use of parks, Athletic Fields, and School Grounds be approved by City Council. RESOLUTIONS NO. 04 PIETRANGELO IOANNONI WHEREAS Subsection 40(1) of the Assessment Act allows a municipality to c omplain to the Assessment Review Board regarding assessment value of a property; NOW THEREFORE BE IT RESOLVED THAT: (a) Council confirms the actions of Staff in filing the Notices of Appeal or Complaint against those properties set out in Schedule "A" attached to this Resolution; and (b) Staff be authorized to appear at the Hearing to consider the Appeals or Complaints and to take all steps necessary to support the said Appeals or Complaints. Carried Unanimously. RATIFICATION OF "IN CAMERA" ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman loannoni, that the actions taken in the In Camera session, earlier this evening, be adopted. that Council approve the reimbursement of the Employment Insurance Premium overpayments by members of Council, for the period of January 1, 1997 to December 31, 2000. Carried Unanimously. BY -LAW FOR SALE OF LANDS His Worship Mayor Salci received a negative response to his request whether there was anyone present that had an interest in the lands being sold with regard to By -law No. 2004 -66. BY -LAWS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that leave be granted to introduce the By -laws and the By -laws be read a first time: 2004 -66 A by -law to authorize the execution of an Agreement of Purchase and Sale from 456941 Ontario Ltd., respecting the purchase of lands being Part 1 on Reference Plan 59R- 12214. 2004 -67 A by -law to amend By -law No. 79 -200, to permit a four -unit dwelling. (Re: AM- 39/200, Nancy McKinnon). -6- April 5, 2004 Council Minutes 2004 -68 A by -law to amend by -law No. 2004 -02, being a by -law to permanently close part of a highway. (Re: May Avenue) 2004 -69 A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicle shall be permitted. 2004 -70 A by -law to amend By -law No. 79 -200, to permit portions of the existing building to be used for offices and personal service shops and two dwelling units and to repeal By -law No. 94 -293 (Re: AM- 02/2004, Cordasco, 4407 Montrose Road) 2004 -71 A by -law to provide for the approval of an amendment to the City of Niagara Falls Official Plan. (Re: OPA No. 53, Cordasco, 4407 Montrose Road) 2004 -72 A by -law to amend By -law No. 79 -200, to permit the conversion of the existing building into a 7 unit apartment dwelling and to repeal By -law No. 93- 208. (Re: AM- 04/2004, Givic Construction Inc., 3965 Main Street) 2004 -73 A by -law to amend By -law No. 79 -200, to permit the elimination of meeting rooms from an existing hotel. (Re: AM- 48/2003, 6289 Fallsview Boulevard, Nancy J. McIntosh) 2004 -74 A by -law to authorize monies for General Purposes (April 5, 2004) 2004 -75 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 5 day of April, 2004. The motion Carried with Aldermen Campbell, Morocco, Pietrangelo and Wing abstaining from the vote on By -law No. 2004 -74 on conflicts of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Kerrio, that the following by -laws be now read a second and third time: 2004 -66 A by -law to authorize the execution of an Agreement of Purchase and Sale from 456941 Ontario Ltd., respecting the purchase of lands being Part 1 on Reference Plan 59R- 12214. 2004 -67 A by -law to amend By -law No. 79 -200, to permit a four -unit dwelling. (Re: AM- 39/200, Nancy McKinnon). 2004 -68 A by -law to amend by -law No. 2004 -02, being a by -law to permanently close part of a highway. (Re: May Avenue) 2004 -69 A by -law to amend By -law No. 80 -114, being a by -law to designate private roadways as fire routes along which no parking of vehicle shall be permitted. 2004 -70 A by -law to amend By -law No. 79 -200, to permit portions of the existing building to be used for offices and personal service shops and two dwelling units and to repeal By -law No. 94 -293 (Re: AM- 02/2004, Cordasco, 4407 Montrose Road) 2004 -71 A by -law to provide for the approval of an amendment to the City of Niagara Falls Official Plan. (Re: OPA No. 53, Cordasco, 4407 Montrose Road) 2004 -72 A by -law to amend By -law No. 79 -200, to permit the conversion of the existing building into a 7 unit apartment dwelling and to repeal By -law No. 93- 208. (Re: AM- 04/2004, Givic Construction Inc., 3965 Main Street) 2004 -73 7 April 5, 2004 Council Minutes A by -law to amend By -law No. 79 -200, to permit the elimination of meeting rooms from an existing hotel. (Re: AM- 48/2003, 6289 Fallsview Boulevard, Nancy J. McIntosh) 2004 -74 A by -law to authorize monies for General Purposes (April 5, 2004) 2004 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 5' day of April, 2004. The motion Carried with Aldermen Campbell, Morocco, Pietrangelo and Wing abstaining from the vote on By -law No. 2004 -74 on conflicts of interest previously noted and with all others voting in favour. NEW BUSINESS Claws and Paws Animal Rescue Alderman Janice Wing advised that the owner of the Claws and Paws Animal Rescue had found a new site in a residential area and suggested that staff work with the operator of Claws and Paws on a proposed rezoning and also investigate the possibility of waiving the fees associated with the rezoning. ORDERED on the motion of Alderman Wing, seconded by Alderman Diodati, that staff work with the operator of Claws and Paws Animal Rescue on a proposed rezoning and staff investigate the possibility of waiving the fees associated with the rezoning. Carried Unanimously. 2003 Municipal Election /Candidates Financial Statements Alderman Janice Wing requested that the 2003 Municipal Election Candidates' Financial Statements, including the List of Contributors, be posted on the City's website. She was advised by the City Clerk that there might be costs associated with entering that information on the website. Following the discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman Pietrangelo, that a report come back to Council regarding the costs involved in entering the requested information on the City's Web page. Carried Unanimously. Pesticide and Herbicide Use Alderman Janice Wing referred to the resolution from the Corporation of the City of Thorold requesting the Province of Ontario, through the Ministry of Environment enact legislation making the use of pesticides on all private and public property illegal because of health and safety concerns and the well being of community inhabitants. Following discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman Diodati, that a report come back to Council on any possible negative economic impacts to the tourist industry. Carried Unanimously. Public Dock on Chippawa Creek Alderman Janice Wing advised that it had come to her attention that the public dock on Chippawa Creek was deteriorating and requested that staff look into the matter. READ AND ADOPTED, DEAN I�A, C TY CLERK -8- April 5, 2004 Council Minutes ORDERED on the motion of Alderman Wing, seconded by Alderman Pietrangelo, that staff look into the matter of the deterioration of the public dock on Chippawa Creek and to take any remedial action needed. Carried Unanimously. Mayor's Youth Advisory Committee Alderman Carolynn loannoni advised of her attendance at the 1s Mayor's Youth Advisory Forum in Fonthill. She indicated that the Region was considering a Youth Advisory Committee and suggested that one member of the Youth Advisory from each municipality be sent to form a Regional Youth Advisory Committee. New Proposed St. Catharines Hospital Alderman Jim Diodati commented on the latest news articles regarding the new proposed St. Catharines Hospital and concerns expressed by the doctors in the Niagara area; he suggested that a public meeting be held with the Niagara doctors and representatives from the Niagara Health System to address the doctors' concerns and issues on the matter. ORDERED on the motion of Alderman Diodati, seconded by Alderman loannoni, that a public meeting be held with the Niagara doctors and representatives from the Niagara Health System to address the doctors' concerns and issues. Carried Unanimously. Playground Eauipment/Bambi Park Alderman Victor Pietrangelo requested that Council pre- approve the budget item of playground equipment at Bambi Park. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that Council pre- approve the budget item of playground equipment at Bambi Park. Carried Unanimously. Funding Initiatives Alderman Joyce Morocco referred to a Toronto Sun article on funding initiatives dealing with a Recreation Development Fund and a Sports Culture Tourism partnership shared between the Provincial and Federal governments. The Director of Parks, Recreation Culture advised that staff would report back on the matter. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the meeting be adjourned. Carried Unanimously. R. T. (TED) SALCI, MAYOR