Loading...
2001/05/14Council met on Monday, May 14, 2001 at 5:45 p.m. in Committee -of- the Whole. All members of Council, with the exception of Alderman Craitor, who was away on business; Alderman Feren, who was away due to illness and Alderman loannoni, who was away at a conference, were present. Alderman Norm Puttick presided as Chairman. Following consideration of the items presented, the Committee -of- the -Whole rose to report in open session. READ AND ADOPTED, FOURTEENTH MEETING COMMITTEE -OF -THE -WHOLE PLANNING MEETING Council met on Monday, May 14, 2001 at 6:00 p.m. for the purpose of considering Planning and Regular Business matters. All members of Council, with the exception of Alderman Craitor, who was away on business; Alderman Feren, who was away due to illness and Alderman loannoni, who was away at a conference, were present. Alderman Victor Pietrangelo offered the Opening Prayer. DISCLOSURES OF PECUNIARY INTEREST Committee Room #2 May 14, 2001 WAYNE THOMSON, MAYOR Council Chambers May 14, 2001 Alderman Fisher, indicated a pecuniary interest on Report MW- 2001 -65, because a member of her family is employed by the applicant. Alderman Pietrangelo indicated a conflict of interest on Report MW- 2001 -66, dealing with testamentary devise issues from Community Services Committee, because members of his family are involved in testamentary devise matters. Alderman Wing indicated a pecuniary interest on Report F- 2001 -36, Cheque No. 259669 because she is an officer of the recipient organization; and on Cheque Nos. 259544 and 259677 because she is an officer of the organization involved. PRESENTATIONS Niaaara Falls Bantam Boys Red Raiders Basketball Team His Worship Mayor Thomson congratulated and presented tokens of appreciation to the Alison Sports Red Raiders Bantam Boys Basketball team, which included Anthony DeMizio; Geoffrey Diston; Nenad Gostimir; John Lapierre; Tanner Niven; Drew Hutton; Suhail Panjwani; Dennis Sehgal; Nicholas Alfano; Jordan Martin; Beau Sherbok along with their Coaches, Carmen DeMizio and Michael Diston. Niagara Rapids Knights of Columbus Atom B Hockey Team His Worship Mayor Thomson congratulated and presented tokens of appreciation to the Niagara Rapids Knights of Columbus Atom B Travel Girls Hockey team, which included: Kassey Paone; Ashley Desmarais; Jessica Provins; Bianca Camelia; Lindy Finkbeiner; Lauren Hamilton; Shannon Cornelissen; Stephanie Audibert; Britanny Oliver; Christyn Colbow; Kyle Macintosh; Kayleigh Botell; Bianca Anzovino; Jessica Fickel; Kayla Gibson along with their Coach, Tim Hamilton and Assistant Coach, Mark Botell. Novice Junior Ontario Boxing Champion His Worship Mayor Thomson congratulated and presented a token of appreciation to Bob Benvenuti, who recently won the Novice Junior Ontario Boxing Championship. Mayor's Disability Advisory Committee DEPUTATIONS Mrs. Paisley Janvary-Pool introduced members of the Mayor's Disability Advisory Committee to Council and Mr. Guy Prata requested that Council proclaim the week of May 28 to June 3" 2001 as "National Access Awareness Week Mr. John Kiss, Mayor's Disability Advisory Committee, provided information on a Committee sponsored performance of "Inside Al" performed by Holy Cross Secondary School at Niagara Square on June 1st 2001 at 7:00 p.m. about a man with cerebral palsy. His Worship Mayor Thomson encouraged the community to attend the performance and to make strides to improve barrier free accessibility in our community. Mrs. Janvary-Pool discussed the goals and objectives of the committee and advised that meetings were being scheduled with the Ontario government to discuss the issue of accessibility and barrier free areas at the new casino for the physically challenged in our community. His Worship Mayor Thomson expressed his appreciation to Mrs. Janvary-Pool and her committee for all the work that was being done and wished them success in their endeavours. Brain Injury Awareness Operation CTL, Hard Hats. Soft Hearts 3 Following the presentation, it was ORDERED on the motion of Alderman Fisher, seconded by Alderman Hendershot, that the week of May 28` 2001 to June 3 2001 be proclaimed as National Access Awareness Week". Carried Unanimously. Ms. Jacqui Graham discussed the issue of brain injury and the need for public awareness, through the use of slides and requested that Council proclaim the month of June, 2001 as "Brain Injury Awareness Month ORDERED on the motion of Alderman Volpatti, seconded by Alderman Hendershot, that month of June, 2001 be proclaimed as Brain Injury Awareness Month. Carried Unanimously. Mr. Garth McQueen, Manager, Learning Solutions, Canadian Tire Acceptance Ltd., addressed Council on Operation CTL, Hard Hats, Soft Hearts, Project Assistance for the YWCA, a charity for women and children in crisis; he advised that Operation CTL (Committed Together as Leaders) was a one day event taking place at the YWCA of Niagara Falls on June 21s`, 2001, where the Management Team at Canadian Tire Acceptance Limited would donate a full day of free labour and materials to the YWCA, painting 16 bedrooms and bathrooms, restoring a storage shed and fence and completing general landscaping and encouraged other organizations to consider taking on similar projects. Following the presentation, it was ORDERED on the motion of Alderman Orr, seconded by Alderman Campbell, that Council supports the efforts of Operation CTL, Hard Hats, Soft Hearts in our community. Carried Unanimously. Prior to dealing with Planning matters, it was ORDERED on the motion of Alderman Puttick, seconded by Alderman Volpatti, that Report L- 2001 -27, dealing with Second Level Lodging Houses Licensing By -law be brought forward. Carried Unanimously. L- 2001 -27 Chair Second Level Lodging Houses Committee. The report recommends that the attached Second Level Lodging Houses Licensing By -law be passed. ORDERED on the motion of Alderman Puttick, seconded by Alderman Wing, that the report be received and adopted and that the matter be referred to the Region, with a copy to be sent to the Association of Municipalities of Ontario and to M.P.P. Bart Mayes. Carried Unanimously ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Wing, that leave be granted to introduce the following by -law, and the by -law be read a first time: 2001 -97 A by -law to provide for the licensing, regulating and governing of a class of lodging houses and lodging house keepers. Carried Unanimously ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the by -law be now read a second and third time: 4 2001 -97 A by -law to provide for the licensing, regulating and governing of a class of lodging houses and lodging house keepers. Carried Unanimously PLANNING MATTERS PD -2001- Chief Administrative Officer Re: Official Plan Zoning By -law Amendment Application; AM- 08/2001, Grand Niagara Resort Corporation; Grassy Brook Road between Montrose Morris Roads; 36 -Hole Golf Course, Hotel, Vacation Villas, Conference Centre, Fitness Centre /Spa; Agent: Glen Schnarr Associates Inc. The report recommends that Council approve the Official Plan and Zoning By -law Amendment application to facilitate the development of a 36 -hole, championship caliber golf course with provisions for a resort facility subject to the following; a) that the lands being designated Open Space with a Special Policy Area designation and policies which: i) require a full -site Environmental Impact Study to address the Provincially Significant Wetlands and to examine the opportunities where limited development may occur such that the overall health and integrity of the wetland features and functions are maintained; ii) allow a portion of the land to be developed as a resort, including a full service hotel, vacation villas, a conference centre /spa, an administrative office and related ancillary uses all as integral components of the golf course to an overall density of 42 units per hectare and a height not to exceed 5 stories; b) the lands along the Welland River and the Lyon's Creek tributary (between Crowland Avenue and Morris Road) be designated as Environmental Protection in the Official Plan; c) the site specific Open Space zone include: i) a Holding "H" provision to require the completion of the Environmental Impact Study and Site Plan Approval before the golf course can be developed, in addition, a completed air quality study and full municipal services be available (or alternatively MOE approval, in consultation with the NPCA, of a private wastewater treatment and disposal system) before any of the resort facilities can be developed; ii) a provision to recognize the existing rural residences, remnant farm dwellings and hobby farms; d) Hazard Land zoning be placed on flood plain and creeks designated as Environmental Protection; e) the development be subject to Site Plan Control to implement the EIS, air quality study, address traffic impacts, pest management, herbicide /pesticide impacts, grading, lighting, fencing, servicing, archaeological resources, etc. f) a copy of this report be submitted to the Region as the City's position on the Regional Policy Plan Amendment requested for Blocks 3 and 4. 5 -AND Communication No. 103 Niagara Peninsula Conservation Authority. The communication provides comments on the application and advises that the Niagara Peninsula Conservation Authority has no objection to the proposed amendments subject to the Official Plan Amendment being revised to include the designation of the westerly portion of the un -named tributary (west of Crowland Rd.) And Grassy Brook to a limit including the 100 year floodplain and 15m setback (identified) in the Burnside Report), and those sections of the subject property adjacent the Welland River (to a depth of 30m) noted in our comments to "Environmental Protection Area -AND Communication No. 104 CN The communication advises that the subject property is in proximity to the Canadian Pacific Railway and have no concerns. Communication No. 105a) Regional Niagara, Planning and Development Department. The communication provides comments on the proposed application and requests that consideration of the local Official Plan and Zoning By -law Amendments be deferred until such time as the wetland, wastewater treatment and land use compatibility issues have been satisfactorily addressed; -AND Communication No. 105b) Regional Niagara, Planning. The communication provides comments on servicing and transportation issues. His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid first class mail on April 12 2001. His Worship Mayor Thomson received indication that Mr. Glen Schnarr, was in attendance on behalf of the applicant, and received a positive response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson 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. The Deputy Director of Planning and Development discussed the subject lands with the assistance of posted sketches; reviewed the information contained in the Recommendation Report; discussed the urban boundaries, land designations and permitted uses; reviewed the type of development proposed; the development of a packaging plant for the treatment of wastewater; and the Public Notification Process. He advised that planning staff were recommending approval subject to the conditions as outlined in the Recommendation Report. The Deputy Director of Planning and Development responded to questions raised with respect to a requested deferral by the Region, until such time as the wetland, wastewater treatment and land use compatibility issues had been satisfactorily addressed, and advised that the Planning Department could achieve and ensure the protection of the wetlands by requiring that the specific policies in the Official Plan be linked to this development by co- ordinating the Official Plan, the zoning by -law and site plan control. In response to questions raised, the Deputy Director of Planning and Development advised that the City does have an ample supply of land designated for industrial use in the urban areas. 6 There was a positive response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. Mr. Spencer Fox, President, E.S. Fox, advised that he was in support of the application and that this would be a good land use; he indicated that no notification had been received from the Ministry of the Environment with regard to environmental studies having been conducted dealing with wetland issues. Ms. Gloria Matto!, R. R. #1, Sherkston, advised that she was in favour of the development. Mr. Colin Biggar, owner of property in the area, advised that he was in favour of the development and that it would make for a much nicer area. Ms. Ingrid Keller, Grassy Road, advised that she was in favour of the golf course development. Mr. Glen Schnaar, Planning Consultant, provided a brief overview of the proposed development, facilitating a 36 -hole, championship calibre golf course to be established by the Troon Golf organization; he commented on the Ministry of Environment statements indicating that a portion of the lands were classified as Provincially Significant Wetlands and advised that ESG International Consultants had been retained to conduct an environmental constraints assessment, which had indicated that no significant wetlands had been identified; he further advised that his clients were in agreement that the woodlot north of the tracks and south of Grassy Brook would be preserved and zoned an environmental protection area; he referred to the issue of servicing and advised that a package plant would be provided to treat the waste water on site, to be stored in a pond and to supplement the golf course. In response to questions raised, he advised that the ground breaking was scheduled for August, 2001. The City Solicitor provided clarification on the planning process and to decisions of Council with respect to planning recommendations. The Director of Municipal Works advised that the Region was looking at upgrading their infrastructure; referred to the development of a package plant for sewage treatment and indicated that when servicing become available, the development would have to go off the package plant. Mr. John Grassi, Golden Horseshoe Company expressed the opinion that he was in support of the development if the sewer system would be provided to Montrose Road. Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 08/2001, closed. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Alderman Wing voting contrary to the motion and with all others voting in favor. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Orr, that the correspondence be received and filed. Carried Unanimously. 7 PD- 2001 -47 Chief Administrative Officer Re: Recommendation Report; Meadow Creek 3 Draft Plan of Subdivision 26th -11- 2001 -02; Zoning By -law Amendment Application AM- 05/2001; Owner: 527786 Ontario Limited (Agreement of Purchase and Sale). The report recommends the following: 1) That the Meadow Creek 3 Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; 2) That the Mayor or designate be authorized to sign the draft plan 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; 4) That the application to amend the Zoning By -law be approved as detailed in this report to provide the necessary land use regulations to guide the development of the subdivision and townhouse portion of the plan. -AND Communication No. 106 Regional Niagara, Planning and Development Department. The communication advises as having no objection to the approval of this application. Ptl His Worship Mayor Thomson declared the Public Meeting open and read the procedure to be followed under the Planning Act. The City Clerk advised that the Notice of the Public Meeting had been given in accordance with the Regulations by prepaid first class mail on April 20 2001. His Worship Mayor Thomson received indication that Mr. Eric Henry, was in attendance and received a negative response to his request for a show of hands by persons present who were interested in the application. He requested that all persons wishing to receive further notice of the passage of the by -law submit their names and addresses to the Clerk prior to leaving the meeting. His Worship Mayor Thomson 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. The Deputy Director of Planning and Development discussed the subject lands with the assistance of 'posted sketches; reviewed the information contained in the Recommendation Report; the Proposal; Background; Planning Review; and the Public Notification Process. He advised that the zoning for the proposal was to R1E with site specific provisions and that reduction in lot size had been requested. He stated that staff were recommending approval. There was a negative response to Mayor Thomson's request for comments from persons, other than the applicant or his agent, in support of the application and a negative response in opposition to the application. Mr. Eric Henry stated that he had had an opportunity to review staffs report and the Conditions for Draft Plan Approval and advised that Condition #9 could be revised to read as follows: "That the developer design and construct the water supply, hydrant location, access to Block 40 and radius of the cul -de -sac bulb to the satisfaction of the City of Niagara Falls Fire Department 8 Since no further comments were forthcoming, His Worship Mayor Thomson declared the Public Meeting with regard to Application AM- 05/2001, closed. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the report be approved with amended Condition #9. Carried Unanimously. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Fisher, that the correspondence be received and filed. Carried Unanimously. PD- 2001 -44 Chair, Local Architectural Conservation Advisory Committee Re: Matters Arising from the Local Architectural Conservation Advisory Committee (LACAC). The report recommends that the matters arising from the Local Architectural Conservation Advisory Committee be endorsed. ORDERED on the motion of Alderman Wing, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. PD -2001 -46 Chief Administrative Officer Re: Recommendation Report; Wiens Estates Draft Plan of Subdivision; File: 26th -11- 2001 -01; Owner: Sarah Wiens. The report recommends the following: 1. That the Wiens Estates Plan of Subdivision be draft approved subject to the conditions in the attached Appendix; 2. That the Mayor or designate be authorized to sign the draft plan 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 Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. REGULAR COUNCIL ADOPTION OF MINUTES ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Campbell, that the Minutes of April 30, 2001 be approved as printed. Carried Unanimously. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS Doctor Recruitment Pamphlet ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that a letter of appreciation be forwarded to Acres for their assistance in designing the doctor recruitment pamphlet for the City. Carried Unanimously. Niagara Health Services System 9 His Worship Mayor Thomson referred to the Niagara Health Services System and suggested that a Liaison Committee be formed and that the Niagara Health System recognize this Committee; and further, that the Niagara Health System provide information to the Liaison Committee prior to making any major decisions with respect to the Greater Niagara General Hospital. Mayor Thomson referred to an excellent news article submitted by Nancy Eidt entitled "Is Bigger Better" and of her involvement on the Committee. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Orr, that a letter of appreciation be forwarded to Nancy Eidt for her recent article in the Niagara Falls Review entitled "Is Bigger Better" and for her involvement on the committee. Carried Unanimously. See Resolution No. 12 COMMUNICATIONS Communication No. 107 The United Empire Loyalists' Association of Canada, Colonel John Butler (Niagara) Branch Re: Proclamation. The communication requests that Council proclaim the week of June 17 to June 23'', 2001 as "United Empire Loyalist Week" in Niagara Falls; and further that the Loyalist flag be flown during that week at City Hall. ORDERED on the motion of Alderman Wing, seconded by Alderman Pietrangelo, that the requests be supported. Carried Unanimously. Communication No. 108 Canadian Institute of Management, Niagara District Re: Proclamation. The communication requests that Council proclaim the week of June 18 2001 as "The Canadian Institute of Management Week" and further, that His Worship Mayor Thomson provide the opening remarks at breakfast on Friday, June 22, 2001 at 8:00 a.m. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the request be supported. Carried Unanimously. Communication No. 109 Ms. Emma Harper, University of Birmingham, England Re: Tourist Survey. The communication requests permission to carry out a survey of tourists during her visit to Niagara Falls from June 24 to July 1s 2001. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the matter be referred to staff. Carried Unanimously. REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Campbell, seconded by Alderman Pietrangelo, that the actions taken in Corporate Services Committee, earlier this evening, be approved: 1. Adoption of the April 30, 2001 Corporate Services Committee Minutes; 2. F- 2001 -36 Municipal Accounts that the municipal accounts totalling $1,321,774.59 for the period ending May 14, 2001, be approved and that staff prepare a report on the policy of stipends for City float volunteers; 3. F- 2001 -38 Interest Rate of Sundry Receivables that the interest rate on Sundry receivables be increased to 1.25 10 4. Status of Niagara Falls Art Gallery (verbal report) that the verbal report on the Niagara Falls Art Gallery be received for information; 5. Niagara Falls Big Brothers Big Sisters Fund Raising Dinner that the request to purchase tickets for the Big Brothers Big Sisters fund raising Lobster Dinner be received and filed; 6. That staff prepare a report outlining options available for Aldermen's attendance at fundraising events; 7. Mrs. Virginia English Re: Property Taxes that staff investigate and report on Mrs. Virginia English's concerns regarding her property on Hiram Street. The motion Carried with Alderman Wing abstaining from the vote on Report F- 2001 -36 on conflicts of interest previously noted and with all others voting in favor. RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Orr, that the actions taken in Community Services Committee, earlier this evening, be approved: 1. Adoption of the April 23, 2001 Community Services Committee Minutes; 2. That the Deputation by Agostino Menna be received and filed; 3. MW- 2001 -55- Municipal Works Construction Section Rate Increases that Council approves the rate increases for sidewalk and curb replacement and that the municipal works fee schedule be revised accordingly; 4. MW- 2001 -61- Municipal Services Improvement Project Wiens Plan of Subdivision, St. Patrick, St. George, Brock McMicking Streets that the City proceed with eh cost sharing proposal to reconstruct the existing roadways abutting the proposed Wiens Plan of Subdivision; 5. MW- 2001 -63 Appointment of Consultant Rolling Acres Storm Sewer Crossing of Q.E.W. that the City of Niagara Falls enter into a Consulting Services Agreement for the design of a new storm sewer crossing of the Q.E.W. at Rolling Acres to the W -5 -2 storm water management pond with Delcan Corporation, for the upset limit of $32,000; 6. MW- 2001 -64 Tender #3 -2001 Tenbec Dust Suppression that staff be authorized to purchase approximately 350 tonnes of Tenbec at a cost of $111.37 and $128.85 per tonne; 7. MW- 2001 -66 Development Agreement Willoughby Road Extension Testamentary Devise Lots (Frank LaPenna) that City enter into a development agreement for the improvement of Willoughby Road in order to provide access to two building lots created by testamentary devise Alderman Pietrangelo, conflict; 8. BBS- 2001 -15 The Keeping of Domestic Animals that the issue of keeping animals in residential areas be referred to the Humane Society to investigate and report back; 9. R- 2001 -17 Summer Ice Schedule that the summer ice hours at Jack Bell Arena be approved by Council; 11. New Business: 12. In Camera: 10. R- 2001 -19 Agreement between the City of Niagara Falls and N.TEC Ker Park that the City enter into an agreement with N -TEC for the use of Ker Park property currently owned by N -TEC. That the City establish a Committee to limit the number of domestic animals per household in residential areas; R- 2001 -18 Purchase of Properties that staff be authorized to begin negotiations for property purchase. The motion Carried with Alderman Pietrangelo abstaining from the vote on Report MW- 2001-66, on a conflict of interest previously noted and with all others voting in favour. See By -law No. 2001 -99 CS- 2001 -05 Chief Administrative Officer Re: Concessions in Municipal Arenas. The report recommends that this report is provided for the consideration and direction of Council. ORDERED on the motion of Alderman Wing, seconded by Alderman Orr, that staff proceed with reclaiming the arena concessions. The motion Carried with Alderman Fisher voting contrary to the motion and with all others voting in favor. CS- 2001 -06 Chief Administrative Officer Re: Junior B Agreement. The report recommends that the by -law authorizing an agreement between the Junior B's and the City be approved. ORDERED on the motion of Alderman Fisher, seconded by Alderman Pietrangelo, that the report be received and adopted. Carried Unanimously. See By -Law No. 2001 -93 MW- 2001 -56 Chief Administrative Officer Re: Niagara Public Purchasing Committee 2001 -T -13; Granular Materials. The report recommends that the supply of granular material be awarded to Lafarge Canada, Walker Bros., and Ridgemount Quarries. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Fisher, that the report be received and adopted. Carried Unanimously. MW -2001 -65 Chief Administrative Officer- Re: Parking Control Appointment; Clifton Hill Security Patrol (HOCO Limited). The report recommends that Council approve the by -law appearing later on tonight's agenda, appointing Clifton Hill security Patrol (HOCO Limited) Staff as Parking Control Officers for the purposes of enforcing parking restrictions at the Comfort Inn, at 4960 Clifton Hill and the Quality Inn, at 4946 Clifton Hill. ORDERED on the motion of Alderman Volpatti, seconded by Alderman Orr, that the report be received and adopted. The motion Carried with Alderman Fisher abstaining from the vote on a conflict of interest previously noted and with all others voting in favor. RATIFICATION OF COMMITTEE -OF- THE -WHOLE ACTIONS See By -law No. 2001 -96 1. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Puttick, that the City accept the transfer of part of McLeod Road from the Regional Municipality of Niagara provided that the City receives all rental income and interest derived from the lease from the date of the transfer of part of McLeod Road to the City from the Region. Carried. 12 2. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Orr, that the offer to purchase Lot #72 be accepted from Terman Holdings. The motion was Lost with Aldermen Campbell, Fisher, Hendershot, Volpatti and Wing voting contrary to the motion and with all others voting in favor. RESOLUTIONS NO. 12 PIETRANGELO WING WHEREAS the Fair Municipal Finance Act provides that the Minister of Finance may, by regulation, add to the Classes of property established for tax purposes; WHEREAS it is desirable to have heritage properties designated under the Ontario Heritage Act included and as sub classes contained in the Classes of property under the Assessment Act; and WHEREAS the Honourable Marcel Beaubien, MPP Lambton- Kent Middlesex, has recommended immediate implementation to amend the Assessment Act to create heritage as sub clauses; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls does hereby; REQUEST the Minister of Finance to prescribe, by regulation, "heritage" as a sub -class of properties under the Assessment Act and Ontario Regulation 282/98. AND the Seal of the Corporation be hereto affixed. BY -LAWS Carried Unanimously NO. 13 CAMPBELL VOLPATTI WHEREAS over the last few years, and especially in the last number of months, there have been complaints and concerns about cutbacks, lack of staffing and insufficient coverage, at the Greater Niagara General Hospital (hereinafter referred to as GNGH); and WHEREAS most of these complaints are articulated to City Hall and the members of Council; and WHEREAS up until March 8, 2000 Niagara Falls City Council appointed 2 Aldermen to sit on GNGH's board; and WHEREAS these Aldermen appointed kept Council up to date on hospital issues; and WHEREAS the Niagara Health System was recently created amalgamating the operation and administration of hospitals in the Niagara Region; and WHEREAS political representation was eliminated from the "Transition Board" and the existing Niagara Health System's Board; and WHEREAS to prevent major decisions on GNGH from being made without local public input, a liaison committee be formed that would provide a flow of communications between the Niagara Health System and the City Council. THEREFORE BE IT RESOLVED that a liaison committee be formed that the Niagara Health System recognize this committee FURTHER BE IT RESOLVED that the Niagara Health System provide information to the liaison committee prior to making any major decisions with respect to GNGH; and FINALLY BE IT RESOLVED that this resolution be sent to the Provincial Minister of Health and Long -Term Care Tony Clement, the local member of Provincial Parliament Bart Mayes and the C.E.O of Niagara Health Services Larry Tokarchuk. AND the Seal of the Corporation be hereto affixed. Carried Unanimously ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot, that leave be granted to introduce the following by -laws, and the by -laws be read a first time: 2001- 92 A by -law to authorize an Agreement, dated March 28, 2001, between The Young Men's Christian Association of Greater Niagara and The Corporation of the City of Niagara Falls for the purpose of amending a Charge /Mortgage dated April 2, 1998. 2001-93 A by -law to authorize the execution of an agreement with Russell Masterson Amateur Athletic Association respecting a licence to operate from the Niagara Falls Memorial Arena. 13 2001 -94 A by -law to authorize the execution of an agreement with Integrated Municipal Services Inc. respecting the closure of Mountain Road Landfill. 2001-95 A by -law to authorize the execution of a consulting agreement with Delcan Corporation respecting the design of the Rolling Acres Storm Outlet Crossing the Q.E.W. 2001-96 A by -law to appoint Municipal By -law Enforcement Officers for the City of Niagara Falls. 2001-98 A by -law to authorize monies for General Purposes (May 14, 2001). 2001 -99 A by -law to authorize the execution of a testamentary devise agreement with Frank Lapenna. The motion Carried with Alderman Fisher abstaining from the vote on By -law No.2001 -96 on a conflict of interest previously noted; Alderman Pietrangelo abstaining from the vote on By -law No. 2001 -99 and Alderman Wing abstaining from the vote on By -law No. 2001- 98 on a conflict of interest previously noted and with all others voting in favour. ORDERED on the motion of Alderman Pietrangelo, seconded by Alderman Hendershot, that the by -law be now read a second and third time: 2001-92 A by -law to authorize an Agreement, dated March 28, 2001, between The Young Men's Christian Association of Greater Niagara and The Corporation of the City of Niagara Falls for the purpose of amending a Charge /Mortgage dated April 2, 1998. 2001-93 A by -law to authorize the execution of an agreement with Russell Masterson Amateur Athletic Association respecting a licence to operate from the Niagara Falls Memorial Arena. 2001 -94 A by -law to authorize the execution of an agreement with Integrated Municipal Services Inc. respecting the closure of Mountain Road Landfill. 2001-95 A by -law to authorize the execution of a consulting agreement with Delcan Corporation respecting the design of the Rolling Acres Storm Outlet Crossing the Q.E.W. 2001-96 A by -law to appoint Municipal By -law Enforcement Officers for the City of Niagara Falls. 2001-98 A by -law to authorize monies for General Purposes (May 14, 2001). 2001 -99 A by -law to authorize the execution of a testamentary devise agreement with Frank Lapenna. The motion Carried with Alderman Fisher abstaining from the vote on By -law No.2001 -96 on a conflict of interest previously noted; Alderman Pietrangelo abstaining from the vote on By -law No. 2001 -99 and Alderman Wing abstaining from the vote on By -law No. 2001- 98 on a conflict of interest previously noted and with all others voting in favour. Citv of Guelph GATS Resolution Alderman Janice Wing referred to a resolution received from the City of Guelph dealing with the recent World Trade Organization (WTO) meetings and discussions to be held on the General Agreement on Trade In Services (GATS) over the next three years; the resolution expresses various concerns including that the proposed changes to GATS are of concern to local governments as they could affect existing jurisdiction and authorities and could result in significant administrative burdens and costs and urges the Government of Canada to consult with the people of Canada and municipal councils before taking any further action. It was suggested that the resolution be brought forward to the next Council meeting. LCBO Store Outlets Alderman Norm Puttick requested further information on the issue of the privatization of LCBO outlets. He was advised that there was no initiative in that regard. Electricity De- Regulation Alderman Selina Volpatti expressed concerns regarding the McDonald Report dealing with electricity de- regulation and indicated there should be competition in the generation of electricity and not what is outlined in the MacDonald report; it was noted that the matter be brought back to the next Council meeting. Project S.H.A.R.E. Alderman Selina Volpatti reminded members of Council that Project S.H.A.R.E.'s Walking and Bus Tour was being held on June 24 2001. ORDERED on the motion of Alderman Hendershot, seconded by Alderman Pietrangelo, that the meeting be adjoumed. Carried Unanimously. READ AND ADOPTED, 14 NEW BUSINESS E. C. WAGG, CITY WAYNE THOMSON, MAYOR