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2008/04/14Committee Room 2 April 14, 2008 Council met on Monday, April 14, 2008 at 6:30 p.m. in an In Camera Session. All members of Council except Councillor loannoni were present. Mayor Salci presided as Chairman. Following consideration of the items presented, the In Camera Session did rise and report in open session. SEVENTH MEETING IN CAMERA MEETING A, IITY CLERK R.T. (TED) SALCI, MAYOR REGULAR COUNCIL MEETING Council met on Monday, April 14, 2008 at 7:00 p.m. for the purpose of considering Regular Business matters. All members of Council except Councillor loannoni were present. Councillor Pietrangelo offered the Opening Prayer. Following the opening prayer, Erin Martineau and Danielle Martineau, sang the National Anthem. ADOPTION OF MINUTES ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Mayes that the minutes of March 31, 2008 be approved as printed. Carried Unanimously AM- 28/2006, Official Plan Amendment Application for Conversion of Lands from Industrial and Open Space to Residential and Environmental Protection Area. Applicant: Thundering Waters Developments Corporation ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher that Ed Lustig, Broderick & Partners, be permitted to speak. Carried Unanimously with Councillor Kerrio declaring a conflict. Ed Lustig, Broderick & Partners, agentforthe applicant, indicated that his clients are grateful that Council approved the application, at the last meeting, and are agreeable to all of the conditions of approval that the staff report recommended, however, not to the part of the motion that the Ministry of Natural Resources be contacted to reevaluate the area for wetland significance. Mr. Lustig stated that the part of the motion is inconsistent and contradictory to the staff report, he indicated that MNR have viewed the site on at least two occasions and have not chosen to be involved to date. Nonetheless, the impact of the motion could cause undue, unfair and unwarranted delay for his client. For those reasons, Mr. Lustig requested that Council reconsider the amendment to the staff recommendation. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that the motion made on March 31, 2008 regarding Thundering Waters AM- 28/2006 be reconsidered. Motion Carried with Councillor Wing opposed and Councillor Kerrio declaring a conflict. - 2 - April 14, 2008 Council Minutes ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that Dr. John Bacher be permitted to speak. Carried Unanimously Dr. John Bacher, 134 Church Street, St. Catharines, Preservation of Agriculture Lands Society felt that the motion related to the MNR was a good one and that there should be a more contemporary view by the Ministry. ORDERED on the motion of Councillor Thomson, seconded by Councillor Pietrangelo that Jean Grandoni be permitted to speak. Carried Unanimously Jean Grandoni, R R # 2, Garner Road, felt any reconsideration to the amendment should only take place after a public meeting with appropriate notice. ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that the following be deleted from the approval to AM- 28/2006: That the Ministry of Natural Resources be contacted to reevaluate the area for wetland significance. Councillor Diodati AYE Councillor Fisher AYE Councillor Maves AYE Councillor Pietrangelo AYE Councillor Thomson AYE Councillor Wing NAYE Mayor Salci AYE with Councillor Kerrio having declared a conflict. ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves that changes to the approval are minor in nature and do not warrant the notice of a public meeting. Motion Carried with Councillor Wing opposed and Councillor Kerrio having declared a conflict. Motion Carried DISCLOSURES OF PECUNIARY INTEREST Councillor Kerrio indicated, in addition to the conflict on the Thundering Waters item, due to his membership in the Stanley Avenue Business Park Association, he has a conflict to report PD- 2008 -30, as he is in litigation with Cytec and to report F- 2008 -16, as there is a tax adjustment on one of his properties. Councillor Thomson indicated a pecuniary interest to cheque no. 318842. Denyse Morrissey, Director of Parks, Recreation and Culture gave a brief powerpoint presentation on behalf of the Danielle and Vitaterna families. As part of a family effort to memorialize the loss of their sons, Adam and Matthew, a book was created "Healing Through the Eyes of a Child ". The family has decided to donate proceeds of the book to the Lions Park Re- Development The Daniele and Vitaterna families presented a cheque for $16,000 to Gabe Marinelli and members of the Lions Club. DEPUTATIONS /PRESENTATIONS Lions Park Re- Development Park in the City Committee Francis Berry and Patricia Mascarin, members of the Park in the City Committee made a brief presentation to Council advising of numerous upcoming events, also present were AN Myer students, Andrew Petheram and Brian Stoner. Events are beginning with the upcoming National Tree Planting Challenge, Tree Sales April 19 Arbor Day Tree Planting April 25 Earth Day April 22n and Community Clean Sweep, April 26 from 9 a.m. - 12 noon. Boys & Girls Club -3 April 14, 2008 Council Minutes Jeff Wallis, Chair of the Foundation and Joanne Hett Turner, Executive Director of the Boys & Girls Club of Niagara made a brief presentation to Council. They stressed the importance to move along with the site selection so the construction of the new facility can begin. They outlined that the McLeod Road site is a donated parcel of land and they feel they can begin construction on the site sooner than if consideration is given to other sites. They asked that Council approve the McLeod Road site as the location for the new Boys & Girls Club. R- 2008 -16 - Chief Administrative Officer - Boys & Girls Club Site Review It is recommended that Council provide direction regarding the site selection process and review of alternative sites for the Boys & Girls Club of Niagara. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Thomson to approve the McLeod Road site for the future Boys & Girls Club. Councillor Diodati AYE Councillor Fisher AYE Councillor Mayes AYE Councillor Pietrangelo NAYE Councillor Thomson AYE Councillor Wing AYE Mayor Salci AYE Motion Carried ORDERED on the motion of Councillor Wing, seconded by Councillor Diodati that a letter of support be provided identifying the Boys & Girls Club as a priority project. Carried Unanimously MAYOR'S REPORTS, ANNOUNCEMENTS Mayor Salci offered thanks to Councillor Jim Diodati for his role as Acting Mayor for this past week, he appreciated his willingness to take on the role during his attendance at the International Mayor's Forum on Tourism. Mayor Salci informed Council that he represented Niagara Falls at the unique Mayor's Forum in China. He summarized topics such as City Branding and Tourism Emergency preparedness that were discussed. He indicated that Shina is the 4 largest tourist destination and registered 41 million outbound travels. Mayor Salci advised of some recent events: Mayor's Prayer Breakfast took place at the Americana on April 2 as always, it was a great success. The Niagara Economic Forum was held on Friday April 4 2008. Mayor Salci advised of some upcoming events: City's Annual Employee Recognition Evening will take place on April 17, 2008 at the Greg Frewin Theatre; April 21s is Niagara Days at Queen's Park; April 22 is the "Schools in Bloom" competition kick off; April 22' the Mayor's Youth Advisory Committee holding "Green Week" coinciding with Earth Day and April 26 will be the "Two Hearts in Motion" fundraiser at Out Lady of Peace Hall. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 "Springlicious" Downtown Board - Street event planned for May 30,31s and June 1s 2008. RECOMMENDATION: Refer to Staff for information on costs. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the request for waiver of costs be referred to staff and that the resolution identifying the event as a Community Festival be approved. Carried ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher that the communication be approved. Carried Unanimously April 14, 2008 Council Minutes Unanimously 2. Ministry of Transportation - correspondence outlining the 2008 Municipal Road and Bridge Infrastructure Investment program. RECOMMENDATION: That Council approve the related by -law listed later in the agenda. REPORTS L- 2008 -10 - Chief Administrative Officer - Permanently Close and Declare Surplus. It is recommended that a portion of River Lane located between John Street to the north and Hiram Street to the south ( "subject land "), and shown hatched on Attached "1", be permanently closed and declared surplus. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Diodati that the report be approved as recommended. RATIFICATION OF COMMUNITY SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor Mayes, seconded by Councillor Kerrio that the actions taken in Community Services Committee, on April 14,2008 be approved. Carried Unanimously 1. The minutes of the March 31, 2008 meeting be approved. 2. R- 2008 -15 Bob Gale Complex Construction Update That the update report be received for information. 3. R- 2008 -14 Dr. Afrukhteh Art Collection Carried Unanimously That staff pursue funding and partnering alternatives for the display of the Dr. Afrukhteh Art Collection. 4. That a letter be sent to the Region requesting appropriate warning signage for the bend on Stanley Avenue south of McLeod Road. 5. That staff report back on the cost estimates to carry out a road closure EA for the section of Main Street between Murray Street and Stanley Avenue and the streetscaping of Murray Street from Stanley Avenue to Main Street and that the Main & Ferry and Fallsview BIA's be notified for comments. RATIFICATION OF CORPORATE SERVICES COMMITTEE MATTERS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the actions taken in Corporate Services, on April 14,2008 be approved. Carried Unanimously 1. The minutes of the February 25, 2008 meeting be approved. 2. CPS - 2008 -17 Water & Sewer Rate Structure Review a. That R.M. Loudon Ltd. return to Committee with a prepared list of definitive recommendations. b. That consideration of the Loudon report be deferred to allow Mr. Bielawski time to review and prepare a response for Committee. 3. That the 2008 Budget request from the Niagara Falls Public Library plus an additional $25,000 be included in the 2008 Operating Budget. RATIFICATION OF "IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the actions taken in the " In Camera " meeting on April 14, 2008. Carried Unanimously 1. That Council approve the submission of the City owned lands, known as the Montrose Business Park and the North Side of Mewburn Road, for the Expression of Interest for a site suitable for the development of a new Niagara Regional Police Service (NRPS) Central Headquarters; and That the Niagara Falls submission also recognizes private property locations, whose owners have expressed interest in being part of the City's Expression of Interest. April 14, 2008 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, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. L- 2008 -10- Permanently Close and Declare Surplus. It is recommended that a portion of River Lane located between John Street to the north and Hiram Street to the south ( "subject land "), and shown hatched on Attachment "1", be permanently closed and declared surplus. F- 2008 -15- Municipal Accounts. It is recommended that Council approve the municipal totaling $29,380,079.46 for the period February 31, 2008 to March 26, 2008. F- 2008 -16 - Cancellation, Reduction or Refund of Taxes. It is recommended that the cancellation, reduction or refund of taxes on the various accounts per attached summary be approve and granted to the property owners listed. MW-2008-21 - Kalar Road Pump Station Sanitary Service Area EA, Project Status and Implementation Plan. It is recommended that Council adopts the implementation plan set out in this report. R- 2008 -13 - Young Family Endowment Fund Proposed Name Change. It is recommended that the proposed name change of the "Young Family Endowment Fund "to the "Allister Young Arts & Culture Endowment Fund" be approved. - 6 - April 14, 2008 Council Minutes PD- 2008 -29 - Extension to Draft Plan Approval, Willoughby Gardens Draft Plan of Subdivision 26T -11- 2002 -03 (Revised) Willoughby Drive (West Side), South of Gunning Drive, Owner: Guardian Inter - Funding Inc. (Andrew Ferri). It is recommended that Council grant a one -year extension to draft plan approval for the Willoughby Gardens Plan of Subdivision. PD- 2008 -30 - Extension to Draft Plan Approval Warren Woods (West) Draft Plan of Subdivision 26T -96001 (Revised) Garner Road (East Side), South of McLeod Road, Owner: Warren Woods Land Corporation & 617567 NB Inc. (Jim Ruscica). It is recommended that Council grant a one0year extension to draft plan approval for the Warren Woods (West) Plan of Subdivision. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Fisher that the reports be approved as recommended. Carried Unanimously 2008 -59 BY -LAWS ORDERED on the motion of Councillor Maves, seconded by Councillor Fisher that the by -laws be given a first reading. Carried Unanimously 2008 -58 A by -law to permanently close part of a highway. A by -law to declare Lane Plan 294 Town of Niagara Falls lying between John Street and Hiram Street; in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus. 2008 -60 A by -law to establish Block 115 Plan 59M -324 as a public highway, to be Known as and to form part of St. Michael Avenue. 2008 -61 A by -law to establish Block 114 Plan 59M -324 as a public highway, to be known as and to form part of Shannon Drive. 2008 -62 A by -law to authorize the execution of an Amending Subdivision with River Realty Development (1976) Inc. respecting Deerfield Estates Subdivision. 2008 -63 A by -law to authorize the execution of a Development Agreement with Nick Romagnano respecting the upgrade of Willoughby Drive. 2008 -64 A by -law to authorize the payment of $29,380,079.46 for General Purposes. 2008 -65 A by -law to authorized the Corporation of the City of Niagara Falls to receive Provincial funding under the 2008 Municipal Road and Bridge Infrastructure Investment fund. 2008 -66 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14 day of April, 2008. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Diodati that the by -laws be read a second and third time and passed. Carried Unanimously * * * ** ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the meeting be adjourned at 9:25 p.m. Carried Unanimously DEAN 10 DA, CITY CLERK R.T. (TED) SALCI, MAYOR