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2004/10/04CORPORATE SERVICES COMMITTEE Boys Girls Club of Niagara The matter dealing with The Boys Girls Club of Niagara, was postponed at the request of the organization. TWENTIETH MEETING REGULAR MEETING Council met on Monday, October4, 2004 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council, with the exception of Alderman Kerrio, were present. Alderman Carolynn loannoni offered the Opening Prayer. 0 Canada Ms. Brittany Owens, a grade 9 student from St. Michael's High School sang the National Anthem. Mayor Salci indicated a pecuniary interest on Report F- 2004 -55, Cheque No. 286978 because he is the recipient. Council Chambers October 4, 2004 ADOPTION OF MINUTES ORDERED on the motion of Alderman Morocco, seconded by Alderman Campbell, that the Minutes of the Planning /Regular Council meeting of September 20, 2004 be approved as printed. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman loannoni indicated a pecuniary interest on Report F- 2004 -53, Cheque 286641 from the September 20, 2004 meeting, because she is the recipient. Alderman Morocco indicated a pecuniary interest on Report F- 2004 -55, Cheque Nos. 286785 and 286786 because her spouse is the recipient, and indicated a pecuniary interest on Cheque No. 286948 because the recipient is her contract place of employment. Alderman Wing indicated a pecuniary interest on Communication No. 169, because she is a CUPE member and on Reports R- 2004 -58 and PD- 2004 -90 from the Community Services Committee on September 20, 2004 because she owns property with a Niagara Parks employee. -2- DEPUTATIONS Heart Niagara Dr. Stafford Dobbin, Heart Niagara, provided a brief overview on the current state of cardiac services in Niagara, the lack of Provincial funding and the limited access to cardiac rehab. Following the presentation, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that a resolution be forwarded to the Minister of Health and our MPP, expressing Council's concerns regarding the lack of funding for cardiac services in the Niagara Region and the limited access to cardiac rehab for the local population. Carried Unanimously. Active Transportation Pilot Project Ms. Lisa Gallant of Healthy Living Niagara and Ms. Marian Landry of the Regional Niagara Public Health Department, provided information on an active transportation pilot project which promotes active transportation, also known as human power, involving community physical activity as a means to improved community health. Council was advised that municipalities needed to confirm their interest by October 8, 2004, as the Pilot project was to take place on November 22, 2004 and requested Council's support and participation in the program. -AND Report R- 2004 -65 Proposal for Active Transportation Pilot Project. The report recommends that Council support a pilot program, Active Transportation in partnership with Healthy Living Niagara and Go For Green, which will assist the City of Niagara Falls in moving toward becoming an active municipality. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. Alderman Carolynn loannoni expressed an interest in participating in the program. Fire Prevention Week His Worship Mayor Salci advised that October 3r to October 9 2004 was "Fire Prevention Week" and he presented Chief Patrick Burke with a Fireman's helmet that had been used during the September 11 2001 recovery efforts in New York City, October 4, 2004 Council Minutes MAYOR'S REPORTS, ANNOUNCEMENTS. REMARKS His Worship Mayor Salci referred to the following events: the 2nd Annual Pink Ribbon Breakfast for Breast Cancer Awareness, the "Turn the Falls Pink" with the Estee Lauder illumination event, the Ontario and New York State Shriners conference, the Hindu celebrations honoring the birth of Mahatma Gandhi, City's Coffee Break for the Alzheimer Society, the performance of the Nathaniel Dett chorus at the Niagara Concerts series. -3- October 4, 2004 Council Minutes His Worship Mayor Salci advised that the Downtown Community Improvement Workshop Council Information Session would be held on October 6, 2004, from 4:OOp.m. -6:00 p.m. in Committee Room #2A and that the Rural Residents forum would be held on October 23, 2004 from 1:00 4:00 at the Willoughby Fire Hall; His Worship Mayor Salci read a letter of thanks from Ms. Stephanie Pang who attended the Global Young Leaders Conference in Eastern Europe. His Worship Mayor Salci advised that the following employees had resigned from the Corporation of the City of Niagara Falls to pursue other employment opportunities: Mr. Paul Pingue, Assistant City Solicitor; Mr. Stephen Gruninger, Accounting Supervisor and Mr. David Heyworth, Manager of Policy Planning and he wished them well in their future endeavours. COMMUNICATIONS Communication No. 169 CUPE, Ontario (Ontario Division Canadian Union of Public Employees) Re: Proclamation. The communication requests that Council proclaim Wednesday, October 27, 2004 as Child Care Worker Early Childhood Educator Appreciation Day. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the request be approved. The motion Carried with Alderman Wing abstaining from the vote on a conflict of interest previously noted and with all others voting in favour. Communication No. 170 Niagara Falls Public Library Re: Proclamation. The communication requests that Council proclaim the week of October 18`" to October 24 2004 as Ontario Public Library Week in Niagara Falls. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the request be approved. Carried Unanimously. Communication No. 171 Fire Services Re: Proclamation. The communication requests that the week of October 3" to October 9` 2004 be proclaimed as Fire Prevention Week. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the request be approved. Carried Unanimously. Communication No. 172 Brian Wilkie, President, Niagara Falls Hydro Re: Execution of three annual resolutions. The communication requests that the shareholder, The City of Niagara Falls, execute the three annual resolutions of the shareholder for the three Niagara Falls Hydro Corporations, which are: Niagara Falls Hydro Holding Corporation; Niagara Falls Hydro Inc.; and Niagara Falls Hydro Services Inc. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the request be approved. Carried Unanimously. UNFINISHED BUSINESS PD- 2004 -84 Chief Administrative Officer Proposals to Expand Buildings Located on the Sodom Road and Oliver Street Road Allowance. The report recommends that Council not support the request to authorize amendment application for the road ends of the Oliver Street road allowance. Mr. Wayne Thomson, on behalf of Mr. Ralph Terrio, advised that his client had only owned the property for the past few years and that he wished to make improvements. He indicated that what was proposed was a small addition to utilize the property for seasonal /summer use only. Mr. Thomson requested that staff look into the matter of whether there was an opportunity for a Committee of Adjustment application instead of a re- zoning application. -4- October 4. 2004 Council Minutes Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that Council support the request to authorize amendment application for the road ends of the Oliver Street road allowance, without prejudice. Carried Unanimously. REPORTS PD- 2004 -92 Chief Administrative Officer Re: Ashton Heights Draft Plan of Condominium, File: 26CD -11- 2004 -02, Owner: Niagara Union Property Development Inc. The report recommends the following: 1. That the Ashton Heights Plan of Condominium be draft approved subject to the conditions in the attached Appendix; 2. That the Mayor or designate be authorized to sign the draft plans as "approved" 20 days after notice of Council's decision has been given as required by the Planning act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. ORDERED on the motion of Alderman Wing, seconded by Alderman Diodati, that the report be received and adopted. Carried Unanimously. PD- 2004 -93 Chief Administrative Officer Re: Appeal of Committee of Adjustment Decisions, Consent Applications B48/20041NF to 66112004 /NF (Inclusive), Niagara 21" Group Inc., Ailanthus Avenue (West Side) The report recommends that Council authorize filing an appeal to the conditions of approval for Consent Applications B48/2004/NF to B61/2004/NF (inclusive). -AND Communication No. 172 Italia Gilberti, Broderick Partners. The communication advises that her client has agreed to provide the 1.5 metre (5 foot) road widening as requested by staff along the frontages of each of the severed lots. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that the report be received and adopted. Carried Unanimously. PD- 2004 -94 Chief Administrative Officer Matters Arising from the Municipal Heritage Committee Meeting. The report recommends the following: 1. That City Council approve, in principle, a designated property grant for two- thirds of the eligible costs to restore the front porch of 6151 Culp Street, as outlined in the report; 2. That City Council approve the replacement of the asphalt shingles roof on the Chippawa Town Hall, as outlined in the report; 3. That City Council defer consideration of the request to designate Cummington Square as being of cultural heritage value until the Heritage Master Plan is completed and adopted. ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that Council approve Recommendation #1 and Recommendation #2 as presented in the report. Carried Unanimously. -5- October 4. 2004 Council Minutes ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that Recommendation #3 in the Recommendation Report be deferred. The motion was Defeated with Aldermen Campbell, Diodati, loannoni Wing voting contrary to the motion. On the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that Mr. Don Ede be permitted to address Council. Carried Unanimously. Mr. Don Ede, on behalf of the Village of Chippawa Citizens Committee, advised that his Committee has requested that Cummington Square be designated as a property of Cultural heritage value as part of the City's 100 th anniversary celebrations and that a plaque be erected at Cummington Square in recognition of its significance. Mr. Fred Skinner, Navy Club advised that the Navy Club was in full support of the designation. In response to questions raised, the City Clerk advised that the matter had been dealt with in the past and had been referred to the Heritage Master Plan. It was indicated that a plaque could be erected recognizing the importance of Cummington Square. The Director of Parks, Recreation and Culture commented that the Square is City property and the protocol dealing with Cummington Square has been to consult with the Chippawa Legion. She stated that the Legion had expressed the view that they be the only organization that staff deals with regard to Cummington Square. The Director suggested that an "Adopt a Square" program could be adopted and that the Chippawa had already requested a plaque be erected at Cummington Square to indicate the area's historical importance. She advised that staff were working on the content and wording for such a plaque. Following some discussion, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that the matter of referring the possible designation of Cummington Square to the Heritage Master Plan be reconsidered. The motion Carried with the following requested recorded vote: AYE: Alderman Campbell AYE: Alderman Diodati AYE: Alderman loannoni AYE: Alderman Morocco AYE: Alderman Pietrangelo AYE: Alderman Wing AYE: Mayor Salci NAYE: Alderman Volpatti In response to questions raised, the Director of Parks, Recreation and Culture advised that the Heritage Master Plan would be available in the fall. ORDERED on the motion of Alderman loannoni, seconded by Alderman Campbell, that the matter be deferred until the representatives from the Legion could attend. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favour. Prior to dealing with further Council matters, Alderman Selina Volpatti expressed her appreciation to the Recording Secretary of Community Services Committee, Mrs. Marianne Tikky and to Council Secretary, Mrs. Barbara Muir for their secretarial support to members of Council. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the actions taken in Community Services Committee, earlier this evening, be approved: -6- October 4, 2004 Council Minutes 1. Adoption of the Minutes of September 20, 2004 Community Services Committee; 2. That the water be directed to the west this Fall and that a preferred solution for the McLeod Road Drainage Project be determined for the entire drainage use; 3. That the installation of sidewalks in the Culp Street/Corwin Avenue area be installed at various locations and widths; 4. That a parking restriction at all times be implemented on the west side of Baldwin, Avenue and that staff prepare a report regarding the feasibility of installing a parking lot at Mulhern Park; 5. That the Parking Demand Analysis Results for 5709 Victoria Avenue be accepted; New Business: 1. That $200,000 be approved for emergency sewer repairs; 2. That staff report backing outlining onsite parking needs of Spicoli's Cafe and noting if there is sufficient parking to support the outdoor patio; 3. That staff investigate and report on the City's current Garage Sale policy; 4. That the Loose Leaf Pickup Program be reinstated and notice be published in the paper; 5. That a Terms of Reference be prepared for the Armoury Committee, and that a Terms of Reference be established for all new Committees. The motion Carried with Aldermen Wing, loannoni and Morocco voting contrary to the "value for money" audit and with all others voting in favour. MW 2004 151 Chief Administrative Officer Re: 5440 Drummond Road. The report recommends that this report be received and filed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that a letter be forwarded to the Region supporting the residents. Carried Unanimously. 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 Wing, seconded by Alderman loannoni, that Report CD- 2004 -21 and Report R- 2004 -68 be removed from the Consent Agenda for discussion. Carried Unanimously. CD- 2004 -21, Committee Protocol that Council adopt the proposed Committee Protocol and that copies be distributed to members of advisory committees and staff involved with those committees. -7- Following some discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that Standing Committee Chairs be appointed by Council. The motion Carried with Alderman Morocco voting contrary to the motion and with all others voting, in favour. ORDERED on the motion of Alderman Wing, seconded by Alderman loannoni, that Report CD- 2004 -21 be received and adopted. Carried Unanimously. Alderman Volpatti vacated Council Chambers. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, to approve the appointment of Alderman Wayne Campbell as Chair of the Corporate Services Committee. Carried Unanimously. R- 2004 -68, Ontario Heritage Foundation Award and Armoury that Council approve the nomination selected by the Arts and Culture Committee for the Heritage Community Recognition Program and that the nomination be forwarded to the Ontario Heritage Foundation. Following some discussion, it was ORDERED on the motion of Alderman Wing, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. Alderman Volpatti returned to Council Chambers. October 4, 2004 Council Minutes ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the balance of the Consent Agenda be approved. Carried Unanimously. F- 2004 -55 Municipal Accounts that Council approve the municipal accounts totaling $4,008,354.68 for the period September 8, 2004, to September 21, 2004; FS- 2004 -17 Agreement with Fire Monitoring Technology Inc. To allow "open access" fire alarm monitoring and notification that Council authorize the Mayor and the City Clerk to sign an agreement with Fire Monitoring Technology Inc. To allow for "open access" fire alarm monitoring by Niagara Falls Fire Services. The agreement will be subject to the review and approval of the City Solicitor; L- 2004 -42, Policy and Procedural Manual; Legal Services; Section 600 that Council approve Section 600 of the Policy and Procedural Manual "Policy Manual being Legal Services policies and procedures; MW- 2004 -146 Contract 2004 138 -04 Asphalt Pathways Victoria Avenue Sidewalk Extension that the unit prices submitted by the low tenderer, Norjohn Limited, be accepted; R- 2004 -63 Request for Willoughby Township Signage that Council support the request made by the Willoughby Historical Society to have the Region install at their cost, two (2) identification signs on Sodom Road (City of Niagara Falls, Willoughby Township); -8- October 4, 2004 Council Minutes R- 2004 -64 Firemen's Park Youth Activity Area Landscape Development Tender TR 21- 2004 that Tender TR21 -2004 for the landscape development of the Firemen's Park Youth Activity Area be awarded to Touchstone Site Contractor's Inc., of St. Catharines, for a total cost of $104,084.25 including taxes; R- 2004 -67 Actions Stemming from the Sports Wall of Fame Committee Meeting of September 8, 2004 that Council approve a change in the Sports Wall of Fame Constitution dealing with Era's of recognition and the addition of the Gloria Sorley's Curling Team for recognition at the 2004 Sports Wall of Fame Induction Ceremony. See By -law No. 2004 -185 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- 181 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. 2004 -182 A by -law to establish parts 1 and 2 on Reference Plan 59R -12413 as a public highway, to be known as and to form part of Dunn Street. 2004 -183 A by -law to amend by -law 79 -200, to permit the existing building to be used for a dwelling unit and either a martial arts school, a dance or music studio, a calisthenics studio or an art studio. (Re: AM- 33/2004, Margaret Elizabeth Pinter) 2004 -184 A by -law to amend By -law No. 89 -200, being a by -law to regulate parking and traffic on City Roads (Stop Signs at Intersections) 2004 -185 A by -law to authorize monies for General Purposes (October 4, 2004) 2004 -186 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 4 day of October, 2004. The motion Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Morocco, that the By -laws be now read a second and third time: 2004 -181 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. 2004 -182 A by -law to establish parts 1 and 2 on Reference Plan 59R -12413 as a public highway, to be known as and to form part of Dunn Street. 2004 -183 A by -law to amend by -law 79 -200, to permit the existing building to be used for a dwelling unit and either a martial arts school, a dance or music studio, a calisthenics studio or an art studio. (Re: AM- 33/2004, Margaret Elizabeth Pinter) 2004 -184 A by -law to amend By -law No. 89 -200, being a by -law to regulate parking and traffic on City Roads (Stop Signs at Intersections) -9- 2004 -185 A by -law to authorize monies for General Purposes (October 4, 2004) 2004 -186 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 4'" day of October, 2004. The motion Carried Unanimously. NEW BUSINESS Posting of Election Statements Alderman Carolynn loannoni referred to correspondence received in Council's September 20`" Information for Council package and requested that the Statements of the 2003 Election Statements of the Council members be scanned and posted on the City's website. Following the discussion, it was ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the matter of posting the 2003 Election Statements on the City's website be deferred. The motion Carried with Aldermen loannoni and Wing voting contrary to the motion and with all others voting in favour. Appreciation Fall Tea Alderman Wayne Campbell extended an invitation to members of Council and the community to an "Appreciation Fall Tea" being held on October 7, 2004 from 12:30 to 2:30 at Stamford Collegiate. Signs posted on telephone poles Alderman Jim Diodati expressed concerns regarding signs being posted on telephone poles and light standards. Staff provided information on the removal and enforcement of this matter. Greater Niagara General Hospital E.R. Campaign ORDERED on the motion of Alderman Morocco, seconded by Alderman loannoni, that Kim Craitor, M.P.P. be invited to attend a future Council meeting to address the GNGH E.R. campaign. Carried Unanimously. 75 Anniversary of Oakes Park ORDERED on the motion of Alderman Morocco, seconded by Alderman Diodati, that staff look at recognizing the 75`" anniversary of Oakes Park in 2005. Carried Unanimously. October 4, 2004 Council Minutes READ AND ADOPTED, -10- Niagara Falls 100"' Birthday Alderman Jim Diodati referred to the City's 100` birthday and commented that the City should hold a large birthday celebration to commemorate this one -time event. Following some discussion, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that Alderman Jim Diodati chair a sub committee for a Niagara Falls 100` birthday celebration. Carried Unanimously. ORDERED on the motion of Alderman Morocco, seconded by Alderman Campbell, that the meeting be adjourned. Carried Unanimously. October 4, 2004 Council Minutes D'AN IOR IDA, TY CLERK R. T. (TED) SALCI, MAYOR