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2005/05/02READ AND ADOPTED, Committee Room #2 May 2, 2005 if:1 DEAN IOR IDA, CITY CLERK EIGHTH MEETING IN CAMERA SESSION Council met on Monday, May 2, at 6:20 p.m. in an In Camera Session. All members of Council, were present. Alderman Joyce Morocco presided as Chairman. Following consideration of the items presented, the In Camera Session rose to report in open session. REGULAR COUNCIL MEETING ADOPTION OF MINUTES 2-7:: Said R. T. (TED) SALCI, MAYOR Council Chambers May 2, 2005 Council met on Monday, May 2, 2005 at 7:30 p.m. for the purpose of considering Regular /Planning Business matters. All members of Council, were present. Alderman Victor Pietrangelo offered the Opening Prayer. Alderman Diodati requested that the Minutes of April 18, 2005 be amended to reflect the resolution passed under New Business regarding local emergency services responding to calls along the Queen Elizabeth Way. ORDERED on the motion of Alderman Morocco, seconded by Alderman Pietrangelo, that the Minutes of April 18, 2005 be approved as amended. Carried Unanimously. DISCLOSURES OF PECUNIARY INTEREST Alderman Campbell indicated a pecuniary interest on Report F- 2005 -16, Cheque Nos. 291407 and 291818, because the District School Board of Niagara is his employer. Alderman loannoni indicated a pecuniary interest on Report F- 2005 -16, Cheque No. 291552, because she is the recipient and on By -law No. 2005 -69 because it is her contract employer. Alderman Morocco indicated a pecuniary interest on Report F- 2005 -16, Cheque No. 291886, because it is her contract place of employment. Alderman Pietrangelo indicated a pecuniary interest on Report F- 2005 -16, Cheque No. 291441 and on Report MW- 2005 -49 because the Niagara Catholic District School Board is his employer; and indicated a pecuniary interest on Report PD- 2005 -26, because the application abuts a school that is part of the Niagara Catholic District School Board. DEPUTATIONS /PRESENTATIONS Young Family Endowment Fund His Worship Mayor Salci and Ms. Philomena McCracken, Award Chair for the Arts Culture Committee presented a cheque to Julian Finbow and Sarah Joncas of the Peterson's Teen Group, who were the recipients of the Young Family Endowment Fund. Peterson's Community Workshop Teen Mural Proposal Ms. Nancy Zimmerman, Julian Finbow and Sarah Joncas, from Peterson's Community Workshop discussed a mural proposal for F.H. Leslie Pool. They advised that the Teen Art Show would be held at Peterson's Community Workshop on May 14, 2005. -AND R- 2005 -23 -Chief Administrative Officer Re: Peterson's Community Workshop Teen Mural Proposal. The report recommends for the information of Council. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the report be received and adopted. Carried Unanimously. Arts Culture Committee CD Proposal -2- May 2 2005 Council Minutes Mr. Mark Matthews, a member of the Arts Culture Committee advised that the Committee had produced their first CD in 2003 and wished to embark on a new CD initiative made completely with original music by local artists -AND R- 2005 -22 -Chief Administrative Officer- Arts Culture New CD Proposal. The report recommends that Council accept the new CD initiative being produced by the Arts and Culture Committee. ORDERED on the motion of Alderman Morocco, seconded by Alderman Volpatti that the report be received and adopted. Carried Unanimously. Fire Fighter Combat Challenge Team Assistant Fire Chief Lee Smith, Niagara Falls Fire Service made a presentation on the activities of the Fire Fighter Combat Challenge team and the National Championships slated for Niagara Falls in 2006. -AND FS- 2005 -04 Chief Administrative Officer Scott Fire Fighter Challenge Canadian Championships, Niagara Falls 2006. The report recommends for the information of Council. ORDERED on the motion of Alderman Morocco, seconded by Alderman Volpatti, that the report be received and filed. Carried Unanimously. -3- PLANNING MATTERS May 2 2005 Council Minutes PD- 2005 -26 Chief Administrative Officer Zoning By -law Amendment Application; AM- 1012005; 8267 Thorold Stone Road; Applicant: Karen DeGiorgio; Proposed Increase in Size of Commercial Units. The report recommends the following: 1. That Council approve the requested Zoning By -law amendment application to permit the maximum floor area allowed per use to be increased to 450 square metres (4,844 square feet) with the3 exception of a restaurant, service shop or veterinarian office, for the reasons detailed in the report; 2. That the amending by -law recognizes the previously granted variances. -AND Communication No. 1 Regional Niagara, Planning and Development Department. The communication advises as not being opposed to the adoption of the proposed rezoning. -AND Communication No. 2 Mr. Anthony Vacca, Vice President, 1251483 Ontario Inc. The communication advises as objecting to the proposal of permitting a restaurant listed in item g, to any floor area greater than 230 sq. metres (2475.7 sq, ft.) The City Clerk advised that a public meeting was being convened to consider a proposed amendment to the City's Zoning By -law to increase in size the commercial units at 8267 Thorold Stone Road. He further advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on April 1, 2005 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development reviewed the subject property and provided the following: PROPOSAL: The applicant is proposing to increase the maximum floor area permitted for individual uses in a proposed neighbourhood plaza. The zoning by -law currently limits the size of neighbourhood commercial uses to 230m2 (2,476 sq. ft) is proposed. PLANNING ANALYSIS: The lands are zoned Neighbourhood Commercial (NC) which permits a broad range of convenience goods and services. The applicant is proposing to increase the maximum floor area for individual neighbourhood commercial uses. The subject lands are designated Residential according to the City's Official Plan. Small scale neighbourhood commercial uses, serving the day to day needs of surrounding residents, are permitted under this description. Increasing the size of certain neighbourhood commercial uses is a reasonable consideration in keeping with the trend toward larger commercial unit sizes. However, certain other commercial uses such as a restaurant, veterinary offices and service shops should not be expanded in size because of potential neighbourhood impacts. Such uses are typically found in larger commercial nodes. Recent variance approvals which reduced building setbacks from Thorold Stone Road and Kalar Road should be incorporated within the amending by -law. Site plan control is applicable and will address such matters as grading, drainage, adequate buffering and fencing adjacent to residences, landscaping, waste disposal, storage and lighting. CONCLUSION: -4- May 2 2005 Council Minutes Increasing the floor areas cap for neighbourhood commercial uses can be supported subject to certain exceptions. The amendment does not offend the Official Plan with respect to neighbourhood commercial developments. Excluded from the proposed amendment are restaurants, service shops and veterinary offices. The amending by -law will implement the recommended increase in floor area cap and include previous variance approvals. RECOMMENDATION: That Council approve the Zoning By -law amendment application to permit the maximum floor area allowed per use to be increased to 150 m ft) with the exception of a restaurant, service shop or veterinarian office; and that the amending by -law recognize previously granted variances. His Worship Mayor Salci advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. There was a negative response to Mayor Salci's request for comments. Mr. Brian Sinclair, who was in attendance on behalf of the applicant, expressed the view that staff had prepared an excellent recommendation report. Since no further comments were forthcoming, His Worship Mayor Salci declared the public meeting with regard to AM- 10/2005 closed. ORDERED on the motion of Alderman loannoni, seconded by Alderman Campbell, that the report be received and adopted. The motion Carried with Alderman Pietrangelo declaring a conflict of interest. ORDERED on the motion of Alderman Volpatti, seconded by Alderman loannoni, that the correspondence be received and filed. Carried Unanimously. PD- 2005 -24 Chief Administrative Officer Re: Zoning By -law Amendment Application; AM- 07/2005, 4726 Montrose Road; Applicant: Niagara Sheet Metal; Recognition of a Gymnastics Club on the property. The report recommends the following: 1. That Council approve the Zoning By -law amendment application to permit a gymnastics club on the property; 2. That the Zoning By -law be amended to permit an indoor recreation facility which would allow the proposed use and a limited range of similar uses. -5- May 2 2005 Council Minutes -AND Communication No. 1 Regional Niagara, Planning and Development Department. The communication advises as having no objection to the adoption of the proposed rezoning. The City Clerk advised that a public meeting was being convened to consider a proposed amendment to the City's Zoning By -law to recognize a gymnastics club on the property located at 4726 Montrose Road. He further advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on April 1, 2005 and by posting a sign on the property in question. He informed that anyone wishing to receive notice of the passage of the zoning by -law amendment, or to participate in the site plan process, if applicable, should leave their names on the sign -in sheets outside the Council Chambers. The Director of Planning and Development reviewed the subject property and provided the following: PLANNING ANALYSIS: The property is designated Industrial in the Official Plan. Secondary uses such as clubs and health facilities may be permitted on a limited scale subject to size restrictions. The proposal conforms since: The non industrial use fits into the character of this area. The industrial use remains along the street view of the property. The industrial and gymnastics club make use of the property at different hours. There is ample room to expand the required parking area The property is zoned Light Industrial. The proposed rezoning would permit an "Indoor recreation facility' on the property. A cap on the maximum floor area for this recreational facility will ensure industrial uses on the property will be maintained. A 650m (7,000 ft gymnastics club is currently operating in the building. The recreational use increases the usability of the property and requires an additional 8 parking spaces. An amendment to the existing site plan control agreement is required. CONCLUSION: The gymnastics club use can be supported since it is in conformity with the Official Plan and will not diminish the predominant industrial function of this district The amending by -law should permit the club and similar uses under the definition of an indoor recreation facility and restrict these uses to the size of the existing facility. Site Plan control will guide the installation of the necessary additional parking, drainage works, open storage and landscaping. RECOMMENDATION: That Council approve the Zoning By -law amendment application to permit a gymnastics club on the property; and the Zoning By -law be amended to permit an indoor recreation facility which would allow the proposed use and a limited range of similar uses. -6- May 2 2005 Council Minutes His Worship Mayor Salci advised that failure to make oral or written submissions at the Council meeting could result in the dismissal of the case at a future Ontario Municipal Board hearing. There was a negative response to Mayor Salci's request for comments. Since no further comments were forthcoming, His Worship Mayor Salci declared the public meeting with regard to AM- 07/2005 closed. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Pietrangeloi, seconded by Alderman loannoni, that the correspondence be received and filed. Carried Unanimously. PD- 2005 -27 Chief Administrative Officer Draft Plan of Subdivision; Block 49, Neighbourhoods of St. David's; Pinestone Road /St. Paul Avenue /Mountain Road; Owner: Walker Community Development Corporation. The report recommends that Council consider input received at the Public Meeting and refer all matters to staff for review of the Block 49, Nieghbourhoods of St. David's Draft Plan of Subdivision. The City Clerk advised that the Notice of the Public Meeting had been given by Prepaid First Class mail, in accordance with the Planning Act on April 15, 2005 and by posting a sign on the property in question. His Worship Mayor Salci advised that the purpose of the Public Meeting was to receive input and to provide an opportunity for the public to comment on the proposed subdivision and staff will consider all comments received from the public, Region, agencies and City divisions and prepare a recommendation report to Council for a future Council meeting. He stated that there would be no decision made with respect to the approval of the subdivision. Mr. Glen Barker, Consultant, advised that the applicant was proposing to subdivide a 6.62 acre site within the Neighbourhoods of St. David's into three blocks of land for the construction of 26 on- street single storey townhouse units. He indicated that this project was an extension of the existing adult lifestyle community. Discussion ensued with respect to the provision of a left hand turn onto Pinestone Road for traffic travelling north. There was a positive response to Mayor Salci's request for comments. Ms. Ninou Ghazi, 6407 January Drive, enquired as to the height of the proposed development and whether it would block her views. She was advised that the units are one storey and at grade. They should be well below her property. Mr. Ron Planche, 6344 Forest Ridge Drive, indicated that he was in support of the intent of the application, but expressed the view that seven properties including his own have been landlocked and urged Council as part of its approval process, to take into account the necessity of maintaining some sort of outside rear lot access to the affected properties. Mr. Barker responded that Mr. Planche's concerns would be reviewed with the applicant and staff. Since no further comments were forthcoming, His Worship Mayor Salci declared the public meeting with regard to the draft plan of subdivision closed. -7- May 2 2005 Council Minutes ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the comments be referred to staff for consideration in the review of the plan of subdivision and further, that the Region be requested to provide a left -hand turn lane on Pinestone Road for traffic proceeding north. Carried Unanimously. MAYOR'S REPORTS, ANNOUNCEMENT His Worship Mayor Salci advised that letters of condolence had been forwarded to the family of the late Elmira Dick, mother of Colette Empey of Niagara Falls and to the family of the late Fred Sacco, father of City employee Domenic Elia. He referred to the recent events: the well attended 4` Annual Circle Trek, the Official Opening of the Giant Tiger store and the Central Ontario Municipal Conference. The Mayor outlined recent meetings with the Honourable John Gerretsen, the Minister of Municipal Affairs; Congresswoman Louise Slaughter, regarding the Nexus Pass and the Whirlpool Bridge, and the meeting on the Millennium Trail at the Optimist Club. COMMUNICATIONS Lundy's Lane, BIA Re; budget. The communication requests the approval of the Lundy's Lane BIA 2005 Budget and also requesting the approval of certain Board of Management deletions and additions. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Kerrio, that the requests be approved. Carried Unanimously. Ontario Building Officials Association Re: Proclamation. The communication request that Council proclaim the week of May 8 to May 14 2005 as "International Building Safety Week ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the request be approved. Carried Unanimously. Child Find Ontario Re: 14` Annual Green Ribbon of Hope Campaign. The communication requests that Council proclaim the month of May, 2005 as "Missing Children's Month in Niagara Falls" and further, that Council proclaim May 25` 2005 as "National Missing Children's Day in Niagara Falls ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that the requests be approved. Carried Unanimously. REPORTS F- 2005 -17 Chief Administrative Officer Re: Ontario Municipal Partnership Fund (OMPF). The report recommends that $2,547,000 of the Ontario Municipal Partnership Funding received in 2005 be reserved for use in 2006 and future years. Following some discussion, on the motion of Alderman Wing, seconded by Alderman loannoni, that funds from the Ontario Municipal Partnership Fund be put into roads. The motion was Defeated with a 6 -2 vote. Following the discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Pietrangelo, that the report be received and adopted. The motion Carried with Aldermen loannoni and Wing voting contrary and with all others voting in favour. Following further discussion, it was ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco, that a letter be forwarded to the government expressing Council's strong opposition to the elimination of the CRF funding. Carried Unanimously. -8- May 2 2005 Council Minutes F- 225 -18 Chief Administrative Officer Re: Property Tax Burden, Industrial Property Class. The report recommends for the information of Council. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman loannoni, that during next year's budget deliberations, the Council consider bringing the industrial ratio down to the Provincial threshold ratio level. Following a request for a recorded vote the motion Carried Unanimously. R-2005-24 Chief Administrative Officer Re: Site Location, Arena Development. The report recommends that staff proceed with the site selection process for the construction of a twin pad arena complex on one (1) site. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Volpatti, that the report be received and adopted. Carried Unanimously. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Campbell, that the actions taken in Community Services Committee, earlier this evening, be approved. 1. Adoption of the minutes of the April 18, 2005 Community Services Committee meeting; 2. That permission is granted to allow the parking of a classic motorcycle on the sidewalk adjacent 5743 Victoria Avenue Classic Iron Motorcycle Museum; 3. That parking be restricted at all times on the north side of Butler Place between Heritage Drive and a point 105 metres east of Heritage Drive; and further that staff investigate on street parking throughout the City in regard to fire safety; 4. That staff proceed with the preparation of a Front Ending Agreement under the authority of the development Charges Act; 5. That a full -time Mechanic, Operations Section, Municipal Works Division position be posted. 6. That the City proceed with demolition of the Recreation Commission Building, 7565 Lundy's Lane and convert entire property for cemetery purposes matter deferred; and further, that the letter submitted by the Niagara Falls Tourism regarding the Recreation Commission Building be referred to staff. Carried with Alderman Morocco declaring a conflict of interest on Niagara Falls Tourism correspondence because it is her employer. RATIFICATION OF IN CAMERA ACTIONS ORDERED on the motion of Alderman Kerrio, seconded by Alderman Volpatti, that the actions taken in the In Camera session earlier this evening be approved: 1. That staff bring forward a by -law for Council's consideration to enter into a lease agreement with Vincor for city -owned lands on Dorchester Road at Dawson Street. Carried Unanimously. -9- May 2 2005 Council Minutes 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 Volpatti, seconded by Alderman Pietrangelo, that all of the recommendations contained in the Consent Agenda reports be approved. 1. CD- 2005 -08 E- Gaming and the Modernization of Bingo For the Information of Council; 2. F- 2005 -16 Municipal Accounts that Council approve the municipal accounts totaling $16,913,144.29 for the period March 23, 2005 to April 19, 2005; 3. L- 2005 -19 Removal of One -Foot Reserve on Ailanthus Avenue that the lands along the most westerly one -foot of Ailanthus Avenue, from the south limit of Plan 68 to the north limit of Plan 67, "one -foot reserve be established as a public highway to form part of Ailanthus Avenue; 4. L- 2005 -21 Registration of Municipal Property; Part of Lots 60 and 73, Stamford Township Stanley Avenue, North of Thorold Stone Road that staff be authorized to prepare and register a Transfer /Deed of Land, in favour of The Corporation of the City of Niagara Falls "City confirming the City's paper title to a 2.46 parcel of land, being Part of Township Lot 60 and 73, Stamford, located west of Stanley Avenue and west of Canadian Niagara Railway "subject lands as shown on Schedule "A" attached; and that staff be authorized to obtain and register a proper reference plan for the subject lands, in the Land Registry Office for the Registry Division of Niagara South; 5. MW- 2005 -45 Downtown Core Traffic Study including Great Wolf Lodge that Totten Sims Hubicki be retained for the preparation of a subarea traffic study for the Downtown Core that includes the Great Wolf Lodge area as per the proposal dated March 21, 2005; 6. MW- 2005 -47 Niagara Public Purchasing Committee Tender NP03 -2005, Granular Material that the supply of granular material be awarded to Walker Industries of Thorold, Ontario; 7. MW- 2005 -49 McLeod Road Sidewalk Extension; Saint Michael Avenue to St. Michael's Secondary School that the developer of the Garner Estates Phase 4 Subdivision (River Realty (1976) Developments Inc.) Be authorized to arrange for the installation of new sidewalks on the north side of McLeod Road between Saint Michael Avenue and St. Michael's Secondary School in accordance with the cost sharing proposed in this report; 8. MW- 2005 -53 Consulting Class Environmental Assessment and Design Services for Welland River Watermain Crossings that the City of Niagara Falls enter into a Consulting Services Agreement with Philips Engineering Ltd. For the Class Environmental Assessment and design services for two Welland River Watermain crossings for the upset limit of $22,494.00 excluding GST; 9. PD- 2005 -21, 2005 Provincial Policy Statements that Council receive this report for information and that this report be forwarded to the Committee of Adjustment to advise on the changes to severance policies directed by the Province. The motion Carried with Alderman declaring a conflict of interest on Report MW- 2005 -49. 2005 -71 2005 -72 2005 -73 2005 -74 2005 -75 2005 -76 2005 -77 2005 -78 2005 -79 The motion 2005 -69. ORDERED By -laws be BY -LAWS May 2 2005 Council Minutes His Worship Mayor Salci received a negative response to his request whether there was anyone present that had an interest respecting By -law No. 2005 -68, to authorize the execution of an Offer to Purchase (Re: Sale of property on Ramsey Road) ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio, that leave be granted to introduce the By -laws and the By -laws be now read a first time 2005 -68 A by -law to authorize the execution of an Offer to Purchase from 1149962 Ontario Limited to the Corporation of the City of Niagara Falls respecting the purchase of lands. (Re: Sale of property on Ramsey Road) 2005 -69 A by -law to authorize the execution of a Development Agreement with Niagara 21 Group Inc., respecting Ailanthus Avenue Development Agreement. 2005 -70 A by -law to prescribe the height and description of lawful fences. A by -law to provide for appointments to certain Boards, Commissions and Committees. A by -law to appoint Bill Matson and Tony Ravenda to take on duties of the City Clerk in his absence. A by -law to amend By -law No. 2004 -105, being a by -law to prohibit and regulate noise in the City of Niagara Falls. A by -law to amend By -law No. 79 -200, to permit a dance studio on the property (Re: AM- 04/2005, Cogantin Developments, 4807 Kent Avenue) A by -law to dedicate a one foot reserve and dedicate other lands as a public highway, to be known as and to form part of Ailanthus Avenue. A by -law to amend By -law No. 89 -2000 (Parking prohibited, taxi stands, meters) A by -law to amend By -law No. 89 -2000 (Parking prohibited, stop signs at intersections, yield signs at intersections) A by -law to authorize monies for General Purposes (March 23, 2005 to April 19, 2005) A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 2 day of May, 2005. Carried with Alderman loannoni declaring a conflict of interest on By -law No. on the motion of Alderman Morocco, seconded by Alderman Kerrio, that the now read a second and third time: 2005 -68 A by -law to authorize the execution of an Offer to Purchase from 1149962 Ontario Limited to the Corporation of the City of Niagara Falls respecting the purchase of lands. (Re: Sale of property on Ramsey Road) May 2 2005 Council Minutes ORDERED on the motion of Alderman Morocco, seconded by Alderman Kerrio, that the By -laws be now read a second and third time: 2005 -68 A by -law to authorize the execution of an Offer to Purchase from 1149962 Ontario Limited to the Corporation of the City of Niagara Falls respecting the purchase of lands. (Re: Sale of property on Ramsey Road) 2005 -69 A by -law to authorize the execution of a Development Agreement with Niagara 21s Group Inc., respecting Ailanthus Avenue Development Agreement. 2005 -70 A by -law to prescribe the height and description of lawful fences. 2005 -71 A by -law to provide for appointments to certain Boards, Commissions and Committees. 2005 -72 A by -law to appoint Bill Matson and Tony Ravenda to take on duties of the City Clerk in his absence. 2005 -73 A by -law to amend By -law No. 2004 -105, being a by -law to prohibit and regulate noise in the City of Niagara Falls. 2005 -74 A by -law to amend By -law No. 79 -200, to permit a dance studio on the property (Re: AM- 04/2005, Cogantin Developments, 4807 Kent Avenue) 2005 -75 A by -law to dedicate a one foot reserve and dedicate other lands as a public highway, to be known as and to form part of Ailanthus Avenue. 2005 -76 A by -law to amend By -law No. 89 -2000 (Parking prohibited, taxi stands, meters) 2005 -77 A by -law to amend By -law No. 89 -2000 (Parking prohibited, stop signs at intersections, yield signs at intersections) 2005 -78 A by -law to authorize monies for General Purposes (March 23, 2005 to April 19, 2005) 2005 -79 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 2n day of May, 2005. The motion Carried with Alderman loannoni declaring a conflict of interest on By -law No. 2005 -69. Water Rebate Program Proclamation NEW BUSINESS ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati, that staff bring back a report, including the costs inherent, on refunding property owners who no longer qualify for the water rebate. Carried Unanimously. ORDERED on the motion of Alderman loannoni, seconded by Alderman Wing, that the Province of Ontario be encouraged to proclaim the month of May as "Carcinoid Net Cancer Awareness Month Carried Unanimously. READ AND ADOPTED, T1MA- -12- Development of the Lundy's Lane Battlefield Site ORDERED on the motion of Alderman Volpatti, seconded by Alderman Wing, that a letter be forwarded to the Liberal caucus and our M.P. requesting that the Federal government proceed with plans to develop War of 1812, Battlefield lands in Niagara Falls. Carried Unanimously. ORDERED on the motion of Alderman Kerrio, seconded by Alderman Morocco, that the meeting be adjourned at 9:50 p.m. Carried Unanimously. May 2 2005 Council Minutes DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR