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2001/02/05Council met on Monday, February 5, 2001 at 5:30 p.m. in Committee -of- the Whole. All members of Council, with the exception of Alderman Feren, who was away, were present. Alderman Shirley Fisher presided as Chairman. Following consideration of the items presented, the Committee -of- the -Whole rose to report in open session. READ AND ADOPTED, R.O. KALLIO, ACTI G CITY CLERK WAYNE THOMSON, MAYOR FIFTH MEETING COMMITTEE-OF-THE-WHOLE REGULAR COUNCIL MEETING Council met on Monday, February 5, 2001 at 6:00 p.m for the purpose of considering Regular Business matters. All members of Council, with the exception of Alderman Feren, who was away, were present. Alderman Art Federow offered the Opening Prayer. ADOPTION OF MINUTES ORDERED on the motion of Alderman Craitor, seconded by Alderman Pietrangelo, that the Minutes of the Regular Meeting of January 29, 2001 be approved as printed. DISCLOSURES OF PECUNIARY INTEREST Alderman Wing indicated a pecuniary interest on Reports R- 2001 -02 and R -2001- 03 from Community Services Committee, because she is an officer of the organization involved. Committee Room #2 February 5, 2001 Council Chambers February 5, 2001 2 MAYOR'S REPORTS. ANNOUNCEMENTS. REMARKS His Worship Mayor Thomson referred to letter of appreciation from the Niagara Health System to the Mayor and staff, especially Mr. Serge Felicetti of the Business Development Department for all their efforts in the recruitment of new doctors for the area. His Worship Mayor Thomson referred to correspondence from Mr. Dalton McGuinty, M.P.P. to the Premier of Ontario with respect to concerns expressed by municipal leaders that the Province's cuts to municipal grants and to downloading of massive new costs are putting enormous financial pressure on municipalities and would result in large property tax increases right across the province. The correspondence requests that the Provincial Auditor, Mr. Erik Peters, undertake a special audit of the government's financial dealings with municipalities and publicly report his findings. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that a letter be forwarded to Mr. Dalton McGuinty, expressing Council's support of the request. Carried Unanimously. PRESENTATIOP.S His Worship Mayor Thomson introduced Mr. Bill McGee of Saturn Saab Isuzu who provided background information on the creative playground structures program; he thanked the Mayor and staff for their efforts and support and advised that the playground structures would be located at Kate S. Durdan and Loretto Catholic Schools. His Worship Mayor Thomson presented Mr. McGee with a cheque in the amount of $10,000 towards the playground equipment. DEPUTATIONS Ms. Robin Argenta provided an update on the "Blue Light" program which recognizes police officers who have lost their lives while performing their duties. She requested that Council endorse the Blue Light Committee and that the Chair of Corporate Services Committee include a donation to the Blue Light Committee in their budget and further, that an Alderman be appointed to sit on the Blue Light Committee. Alderman loannoni extended an invitation to Ms. Argenta to attend an upcoming Niagara Falls Policing Committee meeting in conjunction with the Niagara Regional Police. Following the discussion, it was ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, that Council supports the Blue Light Program. Carried unanimously. ORDERED on the motion of Alderman loannoni, seconded by Alderman Pietrangelo, that a letter of congratulations be forwarded to Donna Moodie on her new position as Deputy Chief. Carried Unanimously. Alderman loannoni vacated Council Chambers due to a previous commitment. 3 COMMUNICATIONS Communication No. 23 Niagara Region International Women's Day 2001 Re: Bowling Tournament. The communication requests Council participate in the 3 Annual "Strike Out Violence in Our Communities' Bowling Tournament on March 7 2001 at the Ramada Parkway Lanes. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Federow, that Alderman Hendershot take on the responsibility as Chair of the Committee and set up a team for the event. Carried Unanimously. Communication No. 24 Ontario Family Fishing Weekend Re: Proclamation. The communication requests that Council proclaim the weekend of July 6 through July 8 2001 as a Ontario Family Fishing Weekend. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the request be approved. Carried Unanimously. Communication No. 25 John May Re: Vineyard Tour and Cycle Challenge. The communication provides information on the Vineyard Tour and Cycle Challenge being held on May 26, 2001. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell that the communication be received and filed for the information of Council. Carried Unanimously. Communication No. 26 -City of Niagara Falls, Board of Museums Re: Appointments to the Niagara Falls Board of Museums. The communication requests that Mr. Ken Warren be appointed to the Board of Museums Please note that Ms. Patricia Fraser has expressed a strong interest in volunteering her time to the Board of Museums and requests that she be considered to the Board. ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the matter be deferred to the Board for further discussions. Carried Unanimously. Communication No. 27 The Kidney Foundation of Canada Re: Proclamation. The communication requests that Council proclaim the month of March, 2001 as "Kidney Month" in Niagara Falls. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the request be approved. Carried Unanimously. Communication No. 28 Niagara Support Services and Women to Women Re: Fundraising Event. The communication requests that Council purchase a table for the Dinner /Fashion Show Extravaganza being held on Friday, February 9, 2001 at the Ameri- Cana Resort Conference Centre to raise funds for Women and Family Health Care Issues. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that the correspondence be received and filed. Carried Unanimously. Communication No. 29 Niagara District Airport Commission Re: Appointments. The communication requests Council approve the appointments of Mr. Brian Olsen and Mr. Fermin() Susin as citizen representatives to the Niagara District Airport Commission. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the appointments be ratified. Carried Unanimously. 4 Communication No. 30 Office of the Regional Chair Re: Intergovernmental Forum advising of Regional Council's Business Plan to "improve the working relationships between the Regional and local Councils and respective staffs" and that a forum is to take place on Wednesday, March 7' 2001, at approximately 6:30 p.m. focussing on Trade, Transportation and Tourism, and requesting confirmation of members of Council and appropriate senior staff wishing to attend. OIRDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot, that the correspondence be received and filed for the information of Council. Carried Unanimously. Alderman Puttick requested that staff enquire as to the costs involved for this forum. REPORTS RATIFICATION COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the actions taken in Community Services Committee, earlier this evening be approved: 1. Adoption of the November 20, 2000 Community Services Committee Minutes as amended; 2. BBS- 2001 -04 Proposed Fee Increase Sign By -Law that the fees for permits for signs be increased to $65.00 minimum fee and $1.50 per square foot after the first 25 square feet and that Sign By -law No. 6661, 1964 be amended accordingly; 3. R- 2001 -03 Additional Information on Heating Cooling System Fralick's Tavern that Council approve the attached Report R- 2001 -02 Alderman Wing conflict; 4. MW- 2001 -14 Regional Contract RN 00 -44, Montrose Road Reconstruction, City's Share of Project that the City of Niagara Falls confirm to the Region, the City's share of the funding for this project, estimated at a cost of $1, 121,810.00; 5. MW- 2001 -13 Waste Collection Contract Enhanced Level of Service that the Committee approve the recommended enhanced levels of service as indicated in the report; 6. MW- 2001 -09 Waste Management User Fee that the City implement a suer pay system for waste management; New Business: That staff investigate and report back on the condition of Portage Road between Church's Lane and Mountainside Road. The motion Carried with Alderman Wing abstaining from the vote on Report Nos. R -2001- 02 and R- 2001 -03 on a conflict of interest and with all others voting in favour. See By -law No. 2001 -36 RATIFICATION OF MUNICIPAL PARKING TRAFFIC COMMITTEE ACTIONS ORDERED on the motion of Alderman Craitor, seconded by Alderman Volpatti, that the actions taken in Municipal Parking Traffic Committee be approved: Carried 5 MW- 2001 -10 Chairperson, Municipal Parking Traffic Committee Re: Municipal Parking Traffic Committee Recommendations, January 23, 2001 Meeting. The report recommends the following: MW- 2001 -01 Alpine Drive and Kathleen Crescent Intersection Control Review that a stop sign be installed in the northbound direction on Kathleen Crescent at Alpine Drive; MW- 2001 -02 Dixon Street Heavy Vehicle Restriction that a heavy vehicle restriction including "no buses" be implemented on Dixon Street between Stanley Avenue and Drummond Road; MW- 2000 -05 Crimson Drive Parking Review the report recommends the following: 1. That parking be restricted at all times on the north side of Crimson Drive between a point 11 metres east of Wildrose Crescent and a point 64 metres west of Wildrose Crescent (between 5973 Crimson Drive and 6009 Crimson Drive, inclusive); 2. That a corner parking restriction be implemented on the south side of Crimson Drive from Wildrose Crescent to a point 22 metres west of Wildrose Crescent (in front of 6004 and 6012 Crimson Drive, inclusive) 3. That a corner parking restriction be implemented on the south side of Crimson Drive from Wildrose Crescent to a point 28 metres east of Wildrose Crescent (partially in front of 6020 Crimson Drive; 4. That staff review the advance curve warning signs for both directions on Crimson Drive in advance of Wildrose Crescent. See By -law No. 2001 -34 See By -law No. 2001 -35 PD- 2001 -12 Chief Administrative Officer Re: Application for Site Plan Approval; SPC-46 /2000, 8720 8760 Willoughby Drive, Proposed Long -Term Care Facility. The report recommends that Council approve the site plan fora proposed long -term care facility at 8720 and 8760 Willoughby Drive. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. PD- 2001 -13 Chief Administrative Officer Re: Application for Site Plan Approval; SPC- 33/2000, 8720 Lundy's Lane; Deja -Vu Studio. The report recommends that Council approve the site plan for the Deja -Vu Studio body -rub parlour at 8720 Lundy's Lane. -AND Communication No. 31 Paula Berketo, Landscape Architect. The communication advises that the plan prepared for this project fulfills the requirements of site plan approval arid meets the guidelines as set out in the TADS report and is satisfactory to the Lundy's Lane Greening Committee. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Orr, that the report be received and adopted. Carried Unanimously. ORDERED on the motion of Alderman Fisher, seconded by Alderman Craitor, that the communication be received and filed. Carried Unanimously. 6 CD- 2001 -03 Special Occasion Permit. The report recommends that Council indicate it has no objection to the issuance of a Special Occasion Permit to the organization listed in this report. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. L- 2001 -12 Chief Administrative Officer Re: Authorization to Proceed with the Closing of Part of Swayze Drive. The report recommends to authorize staff to proceed with the closing of a twenty foot wide strip on the southerly side of Swayze Drive along the frontage of property owned by F. Sacco Construction Ltd. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Craitor, that the report be received and adopted. Carried Unanimously. Public Meeting Report L- 2000 -89 dated November 20, 2000, Chief Administrative Officer Re: Proposed Walkway closing between Brian Crescent and Harriman Street; Block A, Plan N.S. 30. The report recommends that area residents not be re- surveyed regarding a request to close the walkway joining Brian Crescent to Harriman Street. -AND Communication No. 32 Correspondence from Marcella Brian Mulligan, 7080 Sauterne Place; and Frank Mary Fruci, 7070 Sautern Place. The communication advises as being in opposition to the closing of this walkway. His Worship Mayor Thomson received a positive response to his request for a show of hands by persons present who were interested in the application. Mr. David Rosa, 7020 Harriman Street expressed concerns regarding vandalism; broken glass and damaged vehicles adjacent to the walkway and requested that Council consider closing the walkway. Mr. Sach Bonaldo, 7045 Brian Crescent, advised he was in attendance on behalf of many of the residents in the area; referred to correspondence received from Mary Ward School and Prince Phillip School indicating their preference in having the walkway remain open and suggested that the three area schools become involved in the upkeep and maintenance of the walkway; he expressed the opinion that many families in the area use the walkway and requested that the request be denied and that no further application for closure of this walkway be submitted to Council during the term of Council and that the walkway remain open. A resident from the area referred to correspondence from Orchard Park School expressing their opposition to the closure of the walkway. Following some discussion, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that the walkway remain open and that staff coordinate the efforts for the upkeep and maintenance of the walkway through the involvement of the schools in the area. The motion Carried with Aldermen Campbell and Pietrangelo abstaining from the vote on conflicts of interest, because the School Boards are their ernployer, and with all others voting in favour. -7- RATIFICATION OF COMMITTEE -OF- THE -WHOLE ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the actions taken in Committee -of- the -Whole earlier this evening be adopted. 1. That the City Solicitor be authorized to commence, settle and defend claims within the jurisdiction of the small claims court; 2. That Council approves the increase of two Fire Prevention Officer positions within Fire Services. Carried Unanimously. Governance Issue Alderman Hendershot referred to the motion which had been brought forward from the Restructuring Committee meeting, held earlier this evening, stating that the City had agreed to reduce the number of Aldermen to 6 plus the Mayor effective the next election; arid he stated that as a requirement under the Municipal Act, a public meeting be scheduled and that a notice be placed in the local newspaper advertising of the public meeting to discuss the motion Following some discussion, it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Volpatti, that the City agrees to reducing the number of Alderman to 6 plus the Mayor and that a public meeting be held to discuss the motion. The motion Carried with Aldermen Orr, Pietrangelo, Puttick and Wing voting contrary to the motion and with all others voting in favour. Following the discussion it was ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, to approve the resolution on Govemance and bring it forward to the Govemance committee. Carried Unanimously. RESOLUTIONS NO. 06 HENDERSHOT VOLPATTI WHEREAS the Provincial Government has encouraged local municipalities to improve their efficiency by amalgamation; AND WHEREAS the Provincial Government has provided specific objectives for amalgamation which would include: 1. Fewer municipal politicians, while maintaining accessible, effective, accountable representation, taking into consideration population and community identity; 2. Lower taxes by reducing overall municipal spending, delivering high quality services at the lowest possible cost, preserving voluntarism, and promoting job creation, investment and economic growth; 3. Better, more efficient service delivery while maintaining taxpayer accessibility; 4. Less bureaucracy by simplifying and streamlining government, reducing duplication and overlap, and reducing barriers and red tape for business; 5. Clear lines of responsibility and better accountability at the local level by reducing duplication and overlap; AND WHEREAS the City of Niagara Falls participated with the Region, local municipalities and the Berkeley Group to create a "Made in Niagara" Governance Model; AND WHEREAS the Berkeley Report did not support a uniCity for Niagara, but did encourage an action plan to modify the status quo based on the Provincial Government guidelines; AND WHEREAS the Ad Hoc Committee on Governance is committed to reporting its preferred governance model to the Provincial Government by the erid of 2001; 8 NOW THEREFORE the Council of the Corporation of the City of Niagara Falls hereby resolves that: 1) the Council of the City of Niagara Falls set an example by by investigating a reduction in the size of the current municipal council in time for the next municipal election in 2003; and further that the Region and local municipalities be encouraged to take similar action by investigating a reduction in the number of members on their current councils; and further that the Region and other local municipalities be encouraged to continue to work cooperatively to form joint ventures to provide coordinated services; and further that municipalities be encouraged to initiate voluntary arnalgamations with neighbouring municipalities where in their opinion services to local residents would be enhanced. NOW THEREFORE BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Regional Municipality of Niagara, the individual municipalities within the Niagara Region, and to the Minister of Municipal Affairs and Housing. AND the Seal of the Corporation be hereto affixed. The motion Carried with Aldermen Fisher, Wing, Orr and Puttick voting contrary to the motion and with all others voting in favour. 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: 2001- 34 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Stop Signs, Heavy Vehicles) 2001 -35 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Prohibited Parking, Limited Parking) 2001 -36 A by -law to amend By -law No. 6661, 1964 as amended with respect to signs in the City of Niagara Falls. Carried Unanimously. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the by -laws be now read a second and third time: 2001- 34 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads (Stop Signs, Heavy Vehic :s) 2001 -35 A by -law to amend By -law No. 89 -2000, being a by law to regulate parking and traffic on City Roads (Prohibited Parking, Limited Parking) 2001 -36 A by -law to amend By -law No. 6661, 1964 as amended with respect to signs in the City of Niagara Falls. Council Schedule NEW BUSINESS Carried Unanimously. Mayor Thomson referred to the issue of holding Council meetings at an earlier time slot and suggested that, when necessary, Committee meetings could commence at 4:00 p.m. with Council meetings commencing at 6 p.m.. It was noted that an ad would be placed in the local newspaper informing the public of the new Council Schedule. 9 ORDERED on the motion of Alderman Hendershot, seconded by Alderman Craitor, that Committee meetings commence at 4:00 p.m and that Council meetings commence at 6 p.m. and that an ad be placed in the local newspaper informing the public of the new Council Schedule. Carried Unanimously. Tax Policies on Residential properties Promoting and Marketing Niagara Falls Alderman Puttick referred to the Provincial policies on taxation on residential properties but no taxation on industrial or multiple housing. He was of the opinion that the government should be made aware that municipalities do not wish to increase taxes on residential only and requested further information on the matter. Alderman Federow referred to recent news articles regarding possible tax increases of 77% over the next 5 years in Toronto and referred to an organization, Landmark Group who had acquired 20 acres in Fort Erie, and were putting in warehousing and soft industrial floor space and addressed the reasons given for choosing Fort Erie; 1) the availability of industrial land; the tax burden and the proximity of market. He stated the opinion that this could be an opportunity for staff to promote and market Niagara Falls to other interested groups. He was advised that Metrus Properties Limited, in conjunction with our Economic Development Department, are in the process of developing a 50,000 square foot facility in our area. ORDERED on the motion of Alderman Puttick, seconded by Alderman Orr, that the meeting be adjourned. Carried Unanimously. READ AND ADOPTED, R. O. KALLIO, ACTING CITY CLERK WAYNE THOMSON, MAYOR