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2007/04/11EIGHTH MEETING SPECIAL COUNCIL MEETING Council Chambers April 11, 2007 Council met on Monday, April 11, 2007 at 6:00 p.m. for a Special Council meeting for the purpose of considering matters related to a proposed arena complex on Cytec Lands. All members of Council were present. Councillor Pietrangelo offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Councillor Kerrio indicated a pecuniary interest as with regard to the Cytec lands only, because of a recent Planning matter that he has an interest in. DEPUTATIONS Mike Cushman, 6246 Arad Street, feels it would be a mistake to build an arena on the property. He outlined what he felt was the poor environmental record of Cytec and its predecessor Cyanamid. Eric K. Gillespie, LL.P, Cunningham Gillespie, Representing UNITE HERE, indicated that he was prepared to speak on the by -law for the transfer of land from Cytec to the City. He didn't feel prepared to speak to other matters. It was clarified that the by -law for the transfer of property was not on the agenda and would be back in the future. It was indicated by the City Clerk that the meeting was an information session in which the experts were going to outline the remedial work done on the property but Unite Here was free to raise any issues they felt important. There was no expectation for Unite Here to respond to any of the expert opinion and the information presented this evening was almost identical as the information session in October 2006. Any new information was merely an update on the status of the Environmental Review Tribunal appeal and responses to any allegations raised by Unite Here in the public. Laurie Primeau Representing the Stamford Skating Club, indicated that the City is sorely needing new ice surfaces and the process has been protracted. She asked that the consultants respond to the possibility of seepage from the other property to the arena site. Ms. Primeau indicated that her group met with Unite Here, yet the organization gave no substantive reasons that the property was unsafe. She questioned why so much weight has been given to Unite Here over what scientific experts who have studied the land are saying. 2 April 11, 2007 Council Minutes Paul Burns Representing Girls Minor Hockey Association, indicated his group is confident with the consultants' findings regarding the property. He felt that since the arena would not be dug into the ground the possibility of hamiful factors is minimal Mr. Bums felt the environmental concems were overstated and pointed out that the Ionger the delays the more expensive the project would get. Mick Wolfe Representing the Recreation Committee, Chair of the Arena Community Fundraising Campaign and the Jr C's, indicated that Recreation Committee, at their last meeting, put forth a motion to supporting the site and the process that has taken place to date. He felt this was the most thoroughly studied property and questioned why a lobby group should engender greater support that the the Ministry of the Environment. PRESENTATIONS Dave Schram, UEM, Project Manager for Arena Development Project, gave an overview and background on the arena complex project. Materials covered included the arena project site selection process, why the proposed site was selected, development schedule, RCS Process and the Brownfield Statute Law Amendment Act, 2001, the risk assessment and record of site condition process (RSC), the Cytec Risk Assessment process, the role of the MOE and the RSC process, which is the only mandated process to follow, and the Official Plan Amendment No. 65. He explained that the site was available at no cost to the City, could house a four plex with suitable parking and the property was appropriately zoned. Mr. Schram confirmed that a day care centre, park or playground were never intended or requested. He outlined the public consultation process to date. Mr. Schram provided an update that Mr. Cushman's appeal to the Environmental Review Tribunal was rejected a day before the special meeting, therefore, the record of site condition would be expected in May. Luciano Picconi, RCI Consulting, outlined the public process followed for the Brownfield Community Improvement Plan (C.I.P.). He outlined the proactive municipal leadership strategy which has seen the City of Niagara Falls be accepted for a loan from the Canadian Federation of Municipalities. Developing the Brownfield with the arena, as a major catalyst will lead to the extension of Thorold Stone Road and possible positive effects for the downtown. Mr. Picconi also outlined the positive economic benefit redevelopment of the area would have (every dollar spent on brownfield redevelopment leads to $3.80 in revenue). Mr. Picconi outlined brownfield redevelopment efforts in other Ontario municipalities. Anton Marek, Cytec, Director, Site Remediation, Safety, Health Environment, Geoff Westerby, Gartner Lee, Consultant to Cytec, Dr. Glenn Ferguson, Intrisnik Environment Inc., (formerly Cantox Environmental Inc.), Consultant to Cytec, presented environmental investigations and results, including the credentials of the consulting team, program of investigation for the entire Cytec property and focus on the proposed arena site, assessment of potential risks, the risk assessment conclusions, the record of site condition, role of the MOE and peer review in the process, as well as a review of issues raised by stakeholders. Mr. Westerby outlined that 154 sampling locations of 300 soil samples and 30,000 chemical analyses were done, that 86 ground water wells of 120 samples and 120,000 chemical analyses were also completed. He outlined the specific samples done on the arena site and air monitoring testing. Mr. Westerby indicated that there were no exceedences of volatile organic compounds, groundwater flow is away from the site, although there was a small acceptable amount of arsenic, it was removed, and that there were no deposits of concern on the arena site as this was the location of the former manufacturing plant. Also, with thick slab floors for the arena, there were no concerns of environmental effects. 3 April 11, 2007 Council Minutes Dr. Ferguson outlined the four hypothetical exposure scenarios and what was sustainable using worst case scenario assumptions. He reiterated that a daycare was not an intended use and there were are absolutely no health risks predicted for children using the proposed arena facility. Mr. Schram finished with a review and summary of the City's peer review activity, discussed the peer review Acres Associated (1997), UEM peer review and Geotechnical Investigations (Jagger Hims). CAO- 2007 -06 Chief Administrative Officer Response to Issues Raised by Unite Here, Proposed Arena Complex Site That the report be received for information. ORDERED on the motion of Councillor loannoni, seconded by Councillor Fisher that the report be received and filed. Carried Councillor Kerrio declared a conflict. REPORTS BY -LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the by -laws be given a first reading. Carried Unanimously 2007 -78 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11 day of April, 2007 ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the by -laws be read a second and third time and passed. Carried Unanimously RESOLUTIONS NO. 11 PIETRANGELO MAVES that on April 11, 2007, Niagara Falls Council will go into a closed meeting to consider subject matters that fall under s. 239(2) of the Municipal Act, 2001. Carried Unanimously ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the meeting be adjourned at 8:40 p.m. Carried Unanimously DEAN IOR A, CITY CLERK R.T. (TED) SALCI, MAYOR